Deuteronomium 21:2 Commentaar

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 thy elders and thy judges shall come forth,.... From the city or cities near to which the murder was committed, to make inquiry about it, and expiation for it; so Aben Ezra interprets it of the elders of the cities near, but others understand it of the elders of the great sanhedrim at Jerusalem; so the Targum of Jonathan,"then shall go out from the great sanhedrim two of thy wise men, and three of thy judges;''and more expressly the Misnah (l),"three go out from the great sanhedrim in Jerusalem;''R. Judah says five,"it is said "thy elders" two, and "thy judges" two,''and there is no sanhedrim or court of judicature equal (or even), therefore they add to them one more: and they shall measure unto the cities which are round about him that is slain; that is, from the place where the slain lies, as Jarchi rightly interprets it; on all sides of it, from the four corner's, as the Targum of Jonathan, the cities round about the slain. Maimonides (m) says, they do not behead the heifer for, nor measure, but to a city in which there is a sanhedrim: if it is found between two cities (that is, at an equal distance), both bring two heifers (Maimonides (n) says they bring one between them, which is most reasonable); but the city of Jerusalem does not bring an heifer to be beheaded: the reason is, because it was not divided to the tribes (o). This measuring, one would think, should be only necessary when it was not certain which was the nearest city; and yet Maimonides (p) says, even when it was found on the side of a city, which was certainly known to be nearest, they measured; the command, he observes, is to measure. (l) Sotah, c. 9. sect. 1. (m) Hilchot Rotzeach, c. 9. sect. 4. (n) Ib. sect. 8. (o) Maimon Hilchot Rotzeachs, c. 9. sect. 8. (p) lb. c. 9. sect. 1.

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.