Deuteronomium 21:17 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.

But he shall acknowledge the son of the hated for the firstborn,.... Own him and declare him to be so, both by his will and the division of goods by him; or he shall "separate" him, as Onkelos; distinguish him from all his other sons, and make known to all, as the Targum of Jonathan, that he is his firstborn: by giving him a double portion of all that he hath; or, "that is found with him" (t); which he was in the possession of when he made his will, or divided his goods; and so refers not to what might come into his hands afterwards, or should be his in reversion afterwards; in this the firstborn had not his double portion, only in what his father was for the present possessed of; so that if a man had two sons, his goods were divided into three parts, and the firstborn took two parts, and the other the third; if three sons, they were divided into four parts, of which the firstborn had two parts, and the others each of them one; if four sons, they were divided into five parts, and the firstborn took two, and the other three one apiece, and so in proportion; the division was made according to their number: for he is the beginning of his strength; as Jacob said, of Reuben; see Gill on Gen 49:3 the right of the firstborn is his; before this law was given, there was a birthright, or a privilege belonging to the firstborn, which gave him the preeminence in the family to his brethren; but whether he was entitled to a double portion of goods, previous to this law, is not certain; however, by this it was his right, and might not be alienated from him; for, according to the Jewish canons (u),"if a man say, such an one my son, the firstborn, shall not take the double portion, and my son such an one shall not inherit with his brethren, he says nothing, cause he disposes contrary to what is written in the law.''This law of the firstborn in the mystery of it may respect our Lord Jesus Christ, the firstborn of God, and the firstborn of Mary; and who had a double portion of the gifts and grace of the Spirit, or rather the Spirit without measure, the oil of gladness he was anointed with above his fellows, and is the firstborn among many brethren, among whom in all things he has the preeminence; and also the elect of God, the church of the firstborn, whose names are written in heaven, who have a double portion, both temporal and spiritual things, the promise of this life and that to come, grace here and glory hereafter; and the ultimate glory is but one inheritance, they all share alike in, being equally children, and all firstborn; and it may have regard also to the Jewish and Gentile churches, the former was the beloved wife, the latter some time not beloved, and yet the children of the Gentile church have a larger measure of the Spirit than those of the jewish church had; see Rom 9:25. (t) "quod inventum fuerit ei", Pagninus, Montanus., (u) Misn. Bava Bathra, c. 8. sect. 5.

This digression then of ours from one part of the Law to the other, for the purpose of shewing that the firstborn is not the son of the beloved, that is of the more remiss and voluptuous wife, has not been needless, although the words of the chapter before us express the same truth: He may not make the son of the beloved first-born before the son of the hated, which is indeed the first-born. He is indeed the first-born who is the holy son of a holy mother; true sons do not wander from their true mother, though sinners do wander; the true first-born therefore is he who is the son of the true mother: and he who is not truly the first-born, is strengthened by riches as if he were the first-born, and is honoured that he may not be in want: but he who is truly the first-born receives a double portion of all that he hath, that he may be rich.

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.