Deuteronomy 21:12 Kommentar

In this chapter provision is made, I. For the putting away of the guilt of blood from the land, when he that shed it had fled from justice (Deu 21:1-9). II. For the preserving of the honour of a captive maid (Deu 21:10-14). III. For the securing of the right of a first-born son, though he were not a favourite (Deu 21:15-17). IV. For the restraining and punishing of a rebellious son (Deu 21:18-21). V. For the maintaining of the honour of human bodies, which must not be hanged in chains, but decently buried, even the bodies of the worst malefactors (Deu 21:22, Deu 21:23).

INTRODUCTION TO DEUTERONOMY 21 This chapter treats of the beheading of the heifer, for the expiation of unknown murder, and the rules to be observed in it, Deu 21:1 of a beautiful captive woman an Israelite is desirous of having for his wife, and what methods he must take to accomplish it, Deu 21:10, of giving the double portion to the firstborn, which he must not be deprived of in favour of the son of a beloved wife, Deu 21:15 and of the stubborn and rebellious son, who remaining so must be put to death, Deu 21:18 and of burying a person hanged on a tree the same day he is executed, Deu 21:22.

Then thou shalt bring her home to thine house,.... In order to make her his wife, after some things were done here directed to; for this is not to be understood of his taking her home with a view to defile her, as Maimonides (e) interprets it; who observes, that when a man's lust so rages that he cannot subdue it, yet he ought not publicly to satisfy his lust, but to have the woman into a private and secret place, as it is said: thou shalt bring her into the midst of thine house; nor was he permitted to lie with her in the camp, nor was it lawful for him to defile her a second time, until her mourning was at an end; though elsewhere (f) he gives a different sense of this passage, and supposes the man to have lain with the captive woman, before the introduction of her into his house; for it is a notion that prevails with the Jewish writers, that an Israelitish soldier might lie once with an Heathen woman taken captive, to gratify his lust, but might not repeat it; so it is said in the Talmud (g); yet it must be observed, that there are some, though but few, who are of opinion that the first congress was unlawful, and that he might not touch her until certain conditions were fulfilled, and they were married, as R. Jochanan (h); and which is embraced, supported, and defended by Abarbinel on the place, and in which he is undoubtedly right; and so it is understood by Josephus (i) and Philo (k); for this law gives no liberty nor countenance to the violation of the beautiful captive. The plain meaning is, that when a Jewish soldier was passionately in love with a captive, and was desirous of making her his wife, he was to take her home to his house, where she was to remain, to see whether his passion of love would subside, or the woman become a proselyte, or however till certain rites were observed, and then he was permitted to marry her: and she shall shave her head; either that she might be the less engaging, her flowing locks, or plaited hair, or modish headdress, being removed from her, which had served to excite a passion for her; or as a token of mourning for her present afflicted state and condition; and in afflicted circumstances it was usual to shave the head; see Job 1:20; and though it was forbidden the Israelites, yet not Gentiles; Deu 14:1. and pare her nails; this and the former some think were ordered to make her fit to be his wife, and were a sort of purification of her, and an emblem of her having renounced Heathenism, and having departed from it, and laid aside all superfluity of former naughtiness; but this phrase is interpreted in the Targum of Onkelos, "let her nails grow"; and so the Arabic version: and this the Jewish writers say was ordered to be done, that she might appear ugly and disagreeable to him, and be abhorred by him; so Jarchi, Aben Ezra, and Ben Melech; the same is observed by Maimonides (l), and is the sense of R. Akiba (m). Another of their writers (n) think it refers to a custom in some nations to dye their nails."The daughters of the Heathens (he says) used to adorn the nails of their hands and feet, and dye them with various colours, according to the custom of the Ishmaelites (or Turks); that there might be a variety in their hands, and men might look at them, take them and handle them until the fire of hell, and an evil concupiscence, burned; wherefore this is ordered that they might let them grow, without any preparation or die.''But perhaps this neglect of their nails, and suffering them to grow, was in token of mourning as well as shaving the head, as also sometimes even paring the nails was done on the same account. (e) Moreh Nevochim, par. 3. c. 41. (f) Hilchot Melachim, c. 8. sect. 2. (g) T. Bab. Kiddushin, fol. 21. 2. (h) Apud Abarbinel in loc. & R. Sol. Urbin. Ohel Moed, fol. 14. 1. (i) Antiqu. l. 4. c. 8. sect. 23. (k) De Charitate, p. 706. (l) Ut supra. (Hilchot Melachim, c. 8.) sect. 5. (m) In T. Bab. Yebamot, fol. 48. 2. (n) R. Abraham Seba in Tzeror Hammor, fol. 146. 2.

EXPIATION OF UNCERTAIN MURDER. (Deu 21:1-9) If one be found slain . . . lying in the field, and it be not known who hath slain him--The ceremonies here ordained to be observed on the discovery of a slaughtered corpse show the ideas of sanctity which the Mosaic law sought to associate with human blood, the horror which murder inspired, as well as the fears that were felt lest God should avenge it on the country at large, and the pollution which the land was supposed to contract from the effusion of innocent, unexpiated blood. According to Jewish writers, the Sanhedrin, taking charge of such a case, sent a deputation to examine the neighborhood. They reported to the nearest town to the spot where the body was found. An order was then issued by their supreme authority to the elders or magistrates of that town, to provide the heifer at the civic expense and go through the appointed ceremonial. The engagement of the public authorities in the work of expiation, the purchase of the victim heifer, the conducting it to a "rough valley" which might be at a considerable distance, and which, as the original implies, was a wady, a perennial stream, in the waters of which the polluting blood would be wiped away from the land, and a desert withal, incapable of cultivation; the washing of the hands, which was an ancient act symbolical of innocence--the whole of the ceremonial was calculated to make a deep impression on the Jewish, as well as on the Oriental, mind generally; to stimulate the activity of the magistrates in the discharge of their official duties; to lead to the discovery of the criminal, and the repression of crime.

When the woman was taken home to the house of the man who had loved her, she was to shave her head, and make, i.e., cut, her nails (cf. Sa2 19:25), - both customary signs of purification (on this signification of the cutting of the hair, see Lev 14:8 and Num 8:7), - as symbols of her passing out of the state of a slave, and of her reception into the fellowship of the covenant nation. This is perfectly obvious in her laying aside her prisoner's clothes. After putting off the signs of captivity, she was to sit (dwell) in the house, and bewail her father and mother for a month, i.e., console herself for her separation from her parents, whom she had lost, that she might be able to forget her people and her father's house (Psa 45:11), and give herself up henceforth in love to her husband with an undivided heart. The intention of these laws was not to protect the woman against any outbreak of rude passion on the part of the man, but rather to give her time and leisure to loosen herself inwardly from the natural fellowship of her nation and kindred, and to acquire affection towards the fellowship of the people of God, into which she had entered against her will, that her heart might cherish love to the God of Israel, who had given her favour in the eyes of her master, and had taken from her the misery and reproach of slavery. But her master becoming her husband, she entered into the rights of a daughter of Israel, who had been sold by her father to a man to be his wife (Exo 21:7.). If after this her husband should find no pleasure in her, he was to let her go לנפשׁהּ, i.e., at her free will, and not sell her for money (cf. Exo 21:8). "Thou shalt not put constraint upon her, because thou hast humbled her." התעמּר, which only occurs again in Deu 24:7, probably signifies to throw oneself upon a person, to practise violence towards him (cf. Ges. thes. p. 1046).