Deuteronomy 21
21
Laws Concerning Unsolved Murder
1 If a homicide victim#tn Heb “slain [one].” The term חָלָל (khalal) suggests something other than a natural death (cf. Num 19:16; 23:24; Jer 51:52; Ezek 26:15; 30:24; 31:17-18). should be found lying in a field in the land the Lord your God is giving you,#tn The Hebrew text includes “to possess it,” but this has not been included in the translation for stylistic reasons. and no one knows who killed#tn Heb “struck,” but in context a fatal blow is meant; cf. NLT “who committed the murder.” him, 2 your elders and judges must go out and measure how far it is to the cities in the vicinity of the corpse.#tn Heb “surrounding the slain [one].” 3 Then the elders of the city nearest to the corpse#tn Heb “slain [one].” must take from the herd a heifer that has not been worked – that has never pulled with the yoke – 4 and bring the heifer down to a wadi with flowing water,#tn The combination “a wadi with flowing water” is necessary because a wadi (נַחַל, nakhal) was ordinarily a dry stream or riverbed. For this ritual, however, a perennial stream must be chosen so that there would be fresh, rushing water. to a valley that is neither plowed nor sown.#sn The unworked heifer, fresh stream, and uncultivated valley speak of ritual purity – of freedom from human contamination. There at the wadi they are to break the heifer’s neck. 5 Then the Levitical priests#tn Heb “the priests, the sons of Levi.” will approach (for the Lord your God has chosen them to serve him and to pronounce blessings in his name,#tn Heb “in the name of the Lord.” See note on Deut 10:8. The pronoun has been used in the translation for stylistic reasons to avoid redundancy. and to decide#tn Heb “by their mouth.” every judicial verdict#tn Heb “every controversy and every blow.”) 6 and all the elders of that city nearest the corpse#tn Heb “slain [one].” must wash their hands over the heifer whose neck was broken in the valley.#tn Heb “wadi,” a seasonal watercourse through a valley. 7 Then they must proclaim, “Our hands have not spilled this blood, nor have we#tn Heb “our eyes.” This is a figure of speech known as synecdoche in which the part (the eyes) is put for the whole (the entire person). witnessed the crime.#tn Heb “seen”; the implied object (the crime committed) has been specified in the translation for clarity. 8 Do not blame#tn Heb “Atone for.” your people Israel whom you redeemed, O Lord, and do not hold them accountable for the bloodshed of an innocent person.”#tn Heb “and do not place innocent blood in the midst of your people Israel.” Then atonement will be made for the bloodshed. 9 In this manner you will purge out the guilt of innocent blood from among you, for you must do what is right before#tn Heb “in the eyes of” (so ASV, NASB, NIV). the Lord.
Laws Concerning Wives
10 When you go out to do battle with your enemies and the Lord your God allows you to prevail#tn Heb “gives him into your hands.” and you take prisoners, 11 if you should see among them#tn Heb “the prisoners.” The pronoun has been used in the translation for stylistic reasons, to avoid redundancy. an attractive woman whom you wish to take as a wife, 12 you may bring her back to your house. She must shave her head,#sn This requirement for the woman to shave her head may symbolize the putting away of the old life and customs in preparation for being numbered among the people of the Lord. The same is true for the two following requirements. trim her nails, 13 discard the clothing she was wearing when captured,#tn Heb “she is to…remove the clothing of her captivity” (cf. NASB); NRSV “discard her captive’s garb.” and stay#tn Heb “sit”; KJV, NASB, NRSV “remain.” in your house, lamenting for her father and mother for a full month. After that you may have sexual relations#tn Heb “go unto,” a common Hebrew euphemism for sexual relations. with her and become her husband and she your wife. 14 If you are not pleased with her, then you must let her go#sn Heb “send her off.” The Hebrew term שִׁלַּחְתָּה (shillakhtah) is a somewhat euphemistic way of referring to divorce, the matter clearly in view here (cf. Deut 22:19, 29; 24:1, 3; Jer 3:1; Mal 2:16). This passage does not have the matter of divorce as its principal objective, so it should not be understood as endorsing divorce generally. It merely makes the point that if grounds for divorce exist (see Deut 24:1-4), and then divorce ensues, the husband could in no way gain profit from it. where she pleases. You cannot in any case sell#tn The Hebrew text uses the infinitive absolute for emphasis, which the translation indicates by the words “in any case.” her;#tn The Hebrew text includes “for money.” This phrase has not been included in the translation for stylistic reasons. you must not take advantage of#tn Or perhaps “must not enslave her” (cf. ASV, NAB, NIV, NRSV, NLT); Heb “[must not] be tyrannical over.” her, since you have already humiliated#sn You have humiliated her. Since divorce was considered rejection, the wife subjected to it would “lose face” in addition to the already humiliating event of having become a wife by force (21:11-13). Furthermore, the Hebrew verb translated “humiliated” here (עָנָה, ’anah), commonly used to speak of rape (cf. Gen 34:2; 2 Sam 13:12, 14, 22, 32; Judg 19:24), likely has sexual overtones as well. The woman may not be enslaved or abused after the divorce because it would be double humiliation (see also E. H. Merrill, Deuteronomy [NAC], 291). her.
Laws Concerning Children
15 Suppose a man has two wives, one whom he loves more than the other,#tn Heb “one whom he loves and one whom he hates.” For the idea of שָׂנֵא (sane’, “hate”) meaning to be rejected or loved less (cf. NRSV “disliked”), see Gen 29:31, 33; Mal 1:2-3. Cf. A. Konkel, NIDOTTE 3:1256-60. and they both#tn Heb “both the one whom he loves and the one whom he hates.” On the meaning of the phrase “one whom he loves and one whom he hates” see the note on the word “other” earlier in this verse. The translation has been simplified for stylistic reasons, to avoid redundancy. bear him sons, with the firstborn being the child of the less loved wife. 16 In the day he divides his inheritance#tn Heb “when he causes his sons to inherit what is his.” he must not appoint as firstborn the son of the favorite wife in place of the other#tn Heb “the hated.” wife’s son who is actually the firstborn. 17 Rather, he must acknowledge the son of the less loved#tn See note on the word “other” in v. 15. wife as firstborn and give him the double portion#tn Heb “measure of two.” The Hebrew expression פִּי שְׁנַיִם (piy shÿnayim) suggests a two-thirds split; that is, the elder gets two parts and the younger one part. Cf. 2 Kgs 2:9; Zech 13:8. The practice is implicit in Isaac’s blessing of Jacob (Gen 25:31-34) and Jacob’s blessing of Ephraim (Gen 48:8-22). of all he has, for that son is the beginning of his father’s procreative power#tn Heb “his generative power” (אוֹן, ’on; cf. HALOT 22 s.v.). Cf. NAB “the first fruits of his manhood”; NRSV “the first issue of his virility.” – to him should go the right of the firstborn.
18 If a person has a stubborn, rebellious son who pays no attention to his father or mother, and they discipline him to no avail,#tn Heb “and he does not listen to them.” 19 his father and mother must seize him and bring him to the elders at the gate of his city. 20 They must declare to the elders#tc The LXX and Smr read “to the men,” probably to conform to this phrase in v. 21. However, since judicial cases were the responsibility of the elders in such instances (cf. Deut 19:12; 21:3, 6; 25:7-8) the reading of the MT is likely original and correct here. of his city, “Our son is stubborn and rebellious and pays no attention to what we say – he is a glutton and drunkard.” 21 Then all the men of his city must stone him to death. In this way you will purge out#tn The Hebrew term בִּעַרְתָּה (bi’artah), here and elsewhere in such contexts (cf. Deut 13:5; 17:7, 12; 19:19; 21:9), suggests God’s anger which consumes like fire (thus בָעַר, ba’ar, “to burn”). See H. Ringgren, TDOT 2:203-4. wickedness from among you, and all Israel#tc Some LXX traditions read הַנִּשְׁאָרִים (hannish’arim, “those who remain”) for the MT’s יִשְׂרָאֵל (yisra’el, “Israel”), understandable in light of Deut 19:20. However, the more difficult reading found in the MT is more likely original. will hear about it and be afraid.
Disposition of a Criminal’s Remains
22 If a person commits a sin punishable by death and is executed, and you hang the corpse#tn Heb “him.” on a tree, 23 his body must not remain all night on the tree; instead you must make certain you bury#tn The Hebrew text uses the infinitive absolute for emphasis, which the translation indicates by “make certain.” him that same day, for the one who is left exposed#tn Heb “hung,” but this could convey the wrong image in English (hanging with a rope as a means of execution). Cf. NCV “anyone whose body is displayed on a tree.” on a tree is cursed by God.#sn The idea behind the phrase cursed by God seems to be not that the person was impaled because he was cursed but that to leave him exposed there was to invite the curse of God upon the whole land. Why this would be so is not clear, though the rabbinic idea that even a criminal is created in the image of God may give some clue (thus J. H. Tigay, Deuteronomy [JPSTC], 198). Paul cites this text (see Gal 3:13) to make the point that Christ, suspended from a cross, thereby took upon himself the curse associated with such a display of divine wrath and judgment (T. George, Galatians [NAC], 238-39). You must not defile your land which the Lord your God is giving you as an inheritance.
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Deuteronomy 21
21
1If one be founde slaine in the lande, which the Lord thy God giueth thee to possesse it, lying in the field, and it is not knowe who hath slaine him, 2Then thine Elders and thy Iudges shall come forth, and measure vnto the cities that are round about him that is slayne. 3Aud let ye Elders of that citie, which is next vnto the slaine man, take out of the droue an heifer that hath not bene put to labour, nor hath drawen in the yoke. 4And let the Elders of that citie bring the heifer vnto a stonie valley, which is neyther eared nor sowen, and strike off the heifers necke there in the valley. 5Also the Priests the sonnes of Leui (whom the Lord thy God hath chosen to minister, and to blesse in the name of the Lord) shall come forth, and by their word shall all strife and plague be tried. 6And all the Elders of that citie that came neere to the slayne man, shall wash their hands ouer the heifer that is beheaded in the valley: 7And shall testifie, and say, Our handes haue not shed this blood, neither haue our eies seene it. 8O Lord, be mercifull vnto thy people Israel, whom thou hast redeemed, and lay no innocent blood to the charge of thy people Israel, and the blood shalbe forgiuen them. 9So shalt thou take away the cry of innocet blood from thee, when thou shalt do that which is right in the sight of the Lord. 10Whe thou shalt go to warre against thine enemies, and the Lord thy God shall deliuer them into thine hands, and thou shalt take the captiues, 11And shalt see among the captiues a beautifull woman, and hast a desire vnto her, and wouldest take her to thy wife, 12Then thou shalt bring her home to thine house, and she shall shaue her head, and pare her nayles, 13And she shall put off the garment that shee was taken in, and she shall remaine in thine house, and bewaile her father and her mother a moneth long: and after that shalt thou go in vnto her, and marry her, and she shalbe thy wife. 14And if thou haue no fauour vnto her, then thou mayest let her go whither she will, but thou shalt not sell her for money, nor make marchandise of her, because thou hast humbled her. 15If a man haue two wiues, one loued and another hated, and they haue borne him children, both the loued and also the hated: if the first borne be the sonne of the hated, 16Then when the time commeth, that hee appointeth his sonnes to be heires of that which he hath, he may not make the sonne of the beloued first borne before the sonne of the hated, which is the first borne: 17But he shall acknowledge the sonne of the hated for the first borne, and giue him double portion of all that he hath: for hee is the first of his strength, and to him belongeth the right of the first borne. 18If any man haue a sonne that is stubburne and disobedient, which wil not hearken vnto the voice of his father, nor the voyce of his mother, and they haue chastened him, and he would not obey them, 19Then shall his father and his mother take him, and bring him out vnto the Elders of his citie, and vnto the gate of the place where he dwelleth, 20And shall say vnto the Elders of his citie, This our sonne is stubburne and disobedient, and he wil not obey our admonition: he is a riotour, and a drunkard. 21Then all the men of his citie shall stone him with stones vnto death: so thou shalt take away euill from among you, that all Israel may heare it, and feare. 22If a man also haue committed a trespasse worthy of death, and is put to death, and thou hangest him on a tree, 23His body shall not remaine all night vpon the tree, but thou shalt bury him the same day: for the curse of God is on him that is hanged. Defile not therfore thy land which the Lord thy God giueth thee to inherite.
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