1 If one be found slain in the land which the Lord thy God giveth thee to possess it, lying in the field, and it be not known who hath slain him:

2 Then thy elders and thy judges shall come forth, and they shall measure unto the cities which are round about him that is slain:

3 And it shall be, that the city which is next unto the slain man, even the elders of that city shall take an heifer, which hath not been wrought with, and which hath not drawn in the yoke;

4 And the elders of that city shall bring down the heifer unto a rough valley, which is neither eared nor sown, and shall strike off the heifer's neck there in the valley:

5 And the priests the sons of Levi shall come near; for them the Lord thy God hath chosen to minister unto him, and to bless in the name of the Lord; and by their word shall every controversy and every stroke be tried:

6 And all the elders of that city, that are next unto the slain man, shall wash their hands over the heifer that is beheaded in the valley:

7 And they shall answer and say, Our hands have not shed this blood, neither have our eyes seen it.

8 Be merciful, O Lord, unto thy people Israel, whom thou hast redeemed, and lay not innocent blood unto thy people of Israel's charge. And the blood shall be forgiven them.

9 So shalt thou put away the guilt of innocent blood from among you, when thou shalt do that which is right in the sight of the Lord.

10 When thou goest forth to war against thine enemies, and the Lord thy God hath delivered them into thine hands, and thou hast taken them captive,

11 And seest among the captives a beautiful woman, and hast a desire unto her, that thou wouldest have her to thy wife;

12 Then thou shalt bring her home to thine house, and she shall shave her head, and pare her nails;

13 And she shall put the raiment of her captivity from off her, and shall remain in thine house, and bewail her father and her mother a full month: and after that thou shalt go in unto her, and be her husband, and she shall be thy wife.

14 And it shall be, if thou have no delight in her, then thou shalt let her go whither she will; but thou shalt not sell her at all for money, thou shalt not make merchandise of her, because thou hast humbled her.

15 If a man have two wives, one beloved, and another hated, and they have born him children, both the beloved and the hated; and if the firstborn son be hers that was hated:

16 Then it shall be, when he maketh his sons to inherit that which he hath, that he may not make the son of the beloved firstborn before the son of the hated, which is indeed the firstborn:

17 But he shall acknowledge the son of the hated for the firstborn, by giving him a double portion of all that he hath: for he is the beginning of his strength; the right of the firstborn is his.

18 If a man have a stubborn and rebellious son, which will not obey the voice of his father, or the voice of his mother, and that, when they have chastened him, will not hearken unto them:

19 Then shall his father and his mother lay hold on him, and bring him out unto the elders of his city, and unto the gate of his place;

20 And they shall say unto the elders of his city, This our son is stubborn and rebellious, he will not obey our voice; he is a glutton, and a drunkard.

21 And all the men of his city shall stone him with stones, that he die: so shalt thou put evil away from among you; and all Israel shall hear, and fear.

22 And if a man have committed a sin worthy of death, and he be to be put to death, and thou hang him on a tree:

23 His body shall not remain all night upon the tree, but thou shalt in any wise bury him that day; (for he that is hanged is accursed of God;) that thy land be not defiled, which the Lord thy God giveth thee for an inheritance.

Commentary

Verse 1

Matthew Henry's Concise Bible Commentary
The expiation of uncertain murder.
If a murderer could not be found out, great solemnity is provided for putting away the guilt from the land, as an expression of dread and detesting of that sin. The providence of God has often wonderfully brought to light these hidden works of darkness, and the sin of the guilty has often strangely found them out. The dread of murder should be deeply impressed upon every heart, and all should join in detecting and punishing those who are guilty. The elders were to profess that they had not been any way aiding or abetting the sin. The priests were to pray to God for the country and nation, that God would be merciful. We must empty that measure by our prayers, which others are filling by their sins. All would be taught by this solemnity, to use the utmost care and diligence to prevent, discover, and punish murder. We may all learn from hence to take heed of partaking in other men's sins. And we have fellowship with the unfruitful works of darkness, if we do not reprove them.
John Wesley's Bible Commentary
The field - Or, in the city, or any place: only the field is named, as the place where such murders are most commonly committed.
McArther Bible Commentary
it is not known who killed him. This law, which dealt with an unsolved homicide, was not given elsewhere in the Pentateuch. In the event that the guilty party was unknown, justice could not adequately be served. However, the people were still held responsible to deal with the crime. The elders of the city closest to the place where the body of a dead man was found were to accept responsibility for the crime. This precluded inter-city strife, in case relatives sought revenge. They would go to a valley (idol altars were always on high places, so this avoided association with idolatry) and there break the neck of a heifer, indicating that the crime deserved to be punished. But the handwashing of the elders (Deu 21:6) would show that, although they accepted responsibility for what had happened, they were nevertheless free from the guilt attached to the crime.
Bible Cross References
Genesis 4:10 Deuteronomy 19:10 Deuteronomy 20:20 Deuteronomy 21:2

Verse 2

Matthew Henry's Concise Bible Commentary
The expiation of uncertain murder.
If a murderer could not be found out, great solemnity is provided for putting away the guilt from the land, as an expression of dread and detesting of that sin. The providence of God has often wonderfully brought to light these hidden works of darkness, and the sin of the guilty has often strangely found them out. The dread of murder should be deeply impressed upon every heart, and all should join in detecting and punishing those who are guilty. The elders were to profess that they had not been any way aiding or abetting the sin. The priests were to pray to God for the country and nation, that God would be merciful. We must empty that measure by our prayers, which others are filling by their sins. All would be taught by this solemnity, to use the utmost care and diligence to prevent, discover, and punish murder. We may all learn from hence to take heed of partaking in other men's sins. And we have fellowship with the unfruitful works of darkness, if we do not reprove them.
John Wesley's Bible Commentary
Thy elders and judges - Those of thy elders who are judges: the judges or rulers of all the neighbouring cities. Measure - Unless it be evident which city is nearest; for then measuring was superfluous.
Bible Cross References
Deuteronomy 21:1 Deuteronomy 21:3

Verse 3

Matthew Henry's Concise Bible Commentary
The expiation of uncertain murder.
If a murderer could not be found out, great solemnity is provided for putting away the guilt from the land, as an expression of dread and detesting of that sin. The providence of God has often wonderfully brought to light these hidden works of darkness, and the sin of the guilty has often strangely found them out. The dread of murder should be deeply impressed upon every heart, and all should join in detecting and punishing those who are guilty. The elders were to profess that they had not been any way aiding or abetting the sin. The priests were to pray to God for the country and nation, that God would be merciful. We must empty that measure by our prayers, which others are filling by their sins. All would be taught by this solemnity, to use the utmost care and diligence to prevent, discover, and punish murder. We may all learn from hence to take heed of partaking in other men's sins. And we have fellowship with the unfruitful works of darkness, if we do not reprove them.
John Wesley's Bible Commentary
Which hath not drawn in the yoke - A fit representative of the murderer, in whose stead it was killed, who would not bear the yoke of God's laws. A type also of Christ, who was under the yoke, but what he had voluntarily taken upon himself.
Bible Cross References
Numbers 19:2 Deuteronomy 21:2 Deuteronomy 21:4 1 Samuel 6:7

Verse 4

Matthew Henry's Concise Bible Commentary
The expiation of uncertain murder.
If a murderer could not be found out, great solemnity is provided for putting away the guilt from the land, as an expression of dread and detesting of that sin. The providence of God has often wonderfully brought to light these hidden works of darkness, and the sin of the guilty has often strangely found them out. The dread of murder should be deeply impressed upon every heart, and all should join in detecting and punishing those who are guilty. The elders were to profess that they had not been any way aiding or abetting the sin. The priests were to pray to God for the country and nation, that God would be merciful. We must empty that measure by our prayers, which others are filling by their sins. All would be taught by this solemnity, to use the utmost care and diligence to prevent, discover, and punish murder. We may all learn from hence to take heed of partaking in other men's sins. And we have fellowship with the unfruitful works of darkness, if we do not reprove them.
John Wesley's Bible Commentary
A rough valley - That such a desert and horrid place might beget an horror of murder and of the murderer. Strike off the neck - To shew what they would and should have done to the murderer if they had found him.
Bible Cross References
Deuteronomy 21:3 Deuteronomy 21:5 1 Samuel 6:7 Ezekiel 36:9

Verse 5

Matthew Henry's Concise Bible Commentary
The expiation of uncertain murder.
If a murderer could not be found out, great solemnity is provided for putting away the guilt from the land, as an expression of dread and detesting of that sin. The providence of God has often wonderfully brought to light these hidden works of darkness, and the sin of the guilty has often strangely found them out. The dread of murder should be deeply impressed upon every heart, and all should join in detecting and punishing those who are guilty. The elders were to profess that they had not been any way aiding or abetting the sin. The priests were to pray to God for the country and nation, that God would be merciful. We must empty that measure by our prayers, which others are filling by their sins. All would be taught by this solemnity, to use the utmost care and diligence to prevent, discover, and punish murder. We may all learn from hence to take heed of partaking in other men's sins. And we have fellowship with the unfruitful works of darkness, if we do not reprove them.
John Wesley's Bible Commentary
Every controversy - Of this kind: every controversy which shall rise about any stroke, whether such a mortal stroke as is here spoken of, or any other stroke or wound given by one man to another.
McArther Bible Commentary
This distinctly indicates that final judicial authority in the theocracy of Israel rested with the priests.
Bible Cross References
Leviticus 9:22 Deuteronomy 10:8 Deuteronomy 17:9 Deuteronomy 19:17 Deuteronomy 21:4 1 Chronicles 23:13 Ezekiel 42:13 Ezekiel 44:24

Verse 6

Matthew Henry's Concise Bible Commentary
The expiation of uncertain murder.
If a murderer could not be found out, great solemnity is provided for putting away the guilt from the land, as an expression of dread and detesting of that sin. The providence of God has often wonderfully brought to light these hidden works of darkness, and the sin of the guilty has often strangely found them out. The dread of murder should be deeply impressed upon every heart, and all should join in detecting and punishing those who are guilty. The elders were to profess that they had not been any way aiding or abetting the sin. The priests were to pray to God for the country and nation, that God would be merciful. We must empty that measure by our prayers, which others are filling by their sins. All would be taught by this solemnity, to use the utmost care and diligence to prevent, discover, and punish murder. We may all learn from hence to take heed of partaking in other men's sins. And we have fellowship with the unfruitful works of darkness, if we do not reprove them.
Bible Cross References
Matthew 27:24 Deuteronomy 21:7 2 Samuel 3:29

Verse 7

Matthew Henry's Concise Bible Commentary
The expiation of uncertain murder.
If a murderer could not be found out, great solemnity is provided for putting away the guilt from the land, as an expression of dread and detesting of that sin. The providence of God has often wonderfully brought to light these hidden works of darkness, and the sin of the guilty has often strangely found them out. The dread of murder should be deeply impressed upon every heart, and all should join in detecting and punishing those who are guilty. The elders were to profess that they had not been any way aiding or abetting the sin. The priests were to pray to God for the country and nation, that God would be merciful. We must empty that measure by our prayers, which others are filling by their sins. All would be taught by this solemnity, to use the utmost care and diligence to prevent, discover, and punish murder. We may all learn from hence to take heed of partaking in other men's sins. And we have fellowship with the unfruitful works of darkness, if we do not reprove them.
John Wesley's Bible Commentary
They shall answer - To the priests who shall examine them. This blood - This about which the present enquiry is made: or this which is here present: for it is thought the corps of the slain man was brought into the same place where the heifer was slain. Nor have we seen or understood how or by whom this was done.
Bible Cross References
Numbers 35:33 Deuteronomy 21:6 Deuteronomy 21:8

Verse 8

Matthew Henry's Concise Bible Commentary
The expiation of uncertain murder.
If a murderer could not be found out, great solemnity is provided for putting away the guilt from the land, as an expression of dread and detesting of that sin. The providence of God has often wonderfully brought to light these hidden works of darkness, and the sin of the guilty has often strangely found them out. The dread of murder should be deeply impressed upon every heart, and all should join in detecting and punishing those who are guilty. The elders were to profess that they had not been any way aiding or abetting the sin. The priests were to pray to God for the country and nation, that God would be merciful. We must empty that measure by our prayers, which others are filling by their sins. All would be taught by this solemnity, to use the utmost care and diligence to prevent, discover, and punish murder. We may all learn from hence to take heed of partaking in other men's sins. And we have fellowship with the unfruitful works of darkness, if we do not reprove them.
John Wesley's Bible Commentary
Forgiven - Though there was no mortal guilt in this people, yet there was a ceremonial uncleanness in the land, which was to be expiated and forgiven.
Bible Cross References
Numbers 35:33 Numbers 35:34 Deuteronomy 21:7 1 Kings 2:31 Jonah 1:14

Verse 9

Matthew Henry's Concise Bible Commentary
The expiation of uncertain murder.
If a murderer could not be found out, great solemnity is provided for putting away the guilt from the land, as an expression of dread and detesting of that sin. The providence of God has often wonderfully brought to light these hidden works of darkness, and the sin of the guilty has often strangely found them out. The dread of murder should be deeply impressed upon every heart, and all should join in detecting and punishing those who are guilty. The elders were to profess that they had not been any way aiding or abetting the sin. The priests were to pray to God for the country and nation, that God would be merciful. We must empty that measure by our prayers, which others are filling by their sins. All would be taught by this solemnity, to use the utmost care and diligence to prevent, discover, and punish murder. We may all learn from hence to take heed of partaking in other men's sins. And we have fellowship with the unfruitful works of darkness, if we do not reprove them.
Bible Cross References
Deuteronomy 19:13 1 Kings 2:31

Verse 10

Matthew Henry's Concise Bible Commentary
Respecting a captive taken to wife.
By this law a soldier was allowed to marry his captive, if he pleased. This might take place upon some occasions; but the law does not show any approval of it. It also intimates how binding the laws of justice and honour are in marriage; which is a sacred engagement.
John Wesley's Bible Commentary
Enemies - Of other nations, but not of the Canaanites.
Bible Cross References
Deuteronomy 21:11 Joshua 21:44

Verse 11

Matthew Henry's Concise Bible Commentary
Respecting a captive taken to wife.
By this law a soldier was allowed to marry his captive, if he pleased. This might take place upon some occasions; but the law does not show any approval of it. It also intimates how binding the laws of justice and honour are in marriage; which is a sacred engagement.
John Wesley's Bible Commentary
Hast a desire unto her - Or, hast taken delight in her: which may be a modest expression for lying with her, and seems probable, because it is said, (Deuteronomy 21:14) , that he had humbled her. And here seem to be two cases supposed, and direction given what to do in both of them, that he did desire to marry her, of which he speaks, (Deuteronomy 21:11-13) . that he did not desire this, of which he speaks, (Deuteronomy 21:14) .
McArther Bible Commentary
a beautiful woman. According to ancient war customs, a female captive became the servant of the victors. Moses was given instruction to deal in a kind way with such issues. In the event her conquerors were captivated by her beauty and contemplated marriage with her, one month was required to elapse, during which her troubled feelings might settle, her mind would be reconciled to the new conditions of conquest, and she could sorrow over the loss of her parents as she left home to marry a stranger. One month was the usual mourning period for Jews, and the features of this period, e.g., shaving the head, trimming the nails, and removing her lovely clothes (ladies on the eve of captivity dressed to be attractive to their captors), were typical signs of Jewish grief. This action was important to show kindness to the woman and to test the strength of the man's affection. After the thirty days, they could marry. If later he decided divorce was appropriate (based on the provisions of Deu 24:1-4), he could not sell her as a slave. She was to be set completely free because "you have humbled her." This phrase clearly refers to sexual activity, in which the wife has fully submitted herself to her husband (cf. Deu 22:23-24, Deu 22:28-29). It should be noted that divorce appears to have been common among the people, perhaps learned from their time in Egypt, and tolerated by Moses because of their "hard hearts" (see notes on Deu 24:1-4; Mat 19:8).
Bible Cross References
Deuteronomy 21:10 Deuteronomy 21:12

Verse 12

Matthew Henry's Concise Bible Commentary
Respecting a captive taken to wife.
By this law a soldier was allowed to marry his captive, if he pleased. This might take place upon some occasions; but the law does not show any approval of it. It also intimates how binding the laws of justice and honour are in marriage; which is a sacred engagement.
John Wesley's Bible Commentary
She shall shave her head - In token of her renouncing her heathenish idolatry and superstition, and of her becoming a new woman, and embracing the true religion.
Bible Cross References
1 Corinthians 11:5 Leviticus 14:8 Leviticus 14:9 Numbers 6:9 Deuteronomy 21:11

Verse 13

Matthew Henry's Concise Bible Commentary
Respecting a captive taken to wife.
By this law a soldier was allowed to marry his captive, if he pleased. This might take place upon some occasions; but the law does not show any approval of it. It also intimates how binding the laws of justice and honour are in marriage; which is a sacred engagement.
John Wesley's Bible Commentary
Raiment of captivity - Those sordid raiments which were put upon her when she was taken captive. Bewail her father and mother - Either their death, or which was in effect the same, her final separation from them.
Bible Cross References
Psalm 45:10 Hosea 3:3

Verse 14

Matthew Henry's Concise Bible Commentary
Respecting a captive taken to wife.
By this law a soldier was allowed to marry his captive, if he pleased. This might take place upon some occasions; but the law does not show any approval of it. It also intimates how binding the laws of justice and honour are in marriage; which is a sacred engagement.
John Wesley's Bible Commentary
If thou have no delight in her - If thou dost not chuse to marry her. Thou shalt not make merchandise of her - Make gain of her, either by using her to thy own servile works, or by prostituting her to the lusts or to the service of others.
John Calvin Bible Commentary
And it shall be, if thou have no delight in her. I have been compelled to separate this sentence from the foregoing context which I have explained elsewhere;for Moses there gave instructions how a captive woman was to be taken to wife if her beauty attracted a Jewish husband. That law then had reference to chastity and conjugal fidelity, and especially to the purity of God’s worship; but now Moses prescribes that, if a man have dishonored a captive woman, he should not sell her, but let her go free, and by this satisfaction wipe out, or at any rate diminish, the injury. Hence we infer that this rule of justice depends on the Eighth Commandment, Let none defraud another. This condition was at least tolerable for the captive; for, although chastity is a special treasure, yet liberty, which is justly called an inestimable blessing, was no trifling consolation to her. The penalty, then, of lust, was that the conqueror should lose his booty.
John Calvin Bible Commentary
If a man have two wives. Inasmuch as it is here provided that a father should not unjustly transfer what belongs to one son to another, it is a part and supplement of the Eighth Commandment, the substance of which is, that every one’s rights should be preserved to him. For, if the father substituted another son in the place of his first-born, it was unquestionably a kind of theft. But, since it rarely happens that a father unnaturally degrades his first-born from his precedence, if all are born of the same mother, God reminds us that He did not enact this law without cause; for, where polygamy was allowed, the mind of the husband was generally most inclined to the second wife; because, if he had loved the first with true affection, he would have been contented with her as the companion of his life and bed, and would not have thought of a second. When, therefore, the husband grew tired of his first wife, and desired a second, he might be coaxed by her blandishments to leave away from the children of his first marriage what naturally belonged to them. Hence, therefore, the necessity of the remedy whereby the father’s power of altering the right of primogeniture is barred; for, although they might allege that they only gave what was their own, yet it was an act of ungodly arrogance to reject him whom God had deigned to honor. For he who arrogates such power to himself, or who assigns the birth-right to whom he will, almost arrogates to himself the ability to create. This right, as is stated in verse 17, was a double portion of the paternal inheritance. The reason which is added, is equivalent to saying, that the first-born is the principal honor and ornament of the father. Still, if there was a just cause for disinheriting the first-born, another successor might be substituted in his stead, as Jacob shewed in his case when he disinherited Reuben. (Genesis 49:4.) When it is said, “beforethe son of the hated,” some expound it to mean “during his lifetime;” others retain the Hebrew phrase, “before his face.” Their opinion, however, is probable, who take this particle comparatively, for “instead of her son.” The wife is called hated, not that her husband is positively her enemy, but because he loves her least; for contempt is considered as hatred, and he is called an enemy who does not render conjugal benevolence.
Bible Cross References
Genesis 34:2 Deuteronomy 21:15

Verse 15

Matthew Henry's Concise Bible Commentary
The first-born not to be disinherited for private affection.
This law restrains men from disinheriting their eldest sons without just cause. The principle in this case as to children, is still binding to parents; they must give children their right without partiality.
John Wesley's Bible Commentary
Two wives - This practice, though tolerated, is not hereby made lawful; but only provision is made for the children in this case. Hated - Comparatively, that is, less loved.
John Calvin Bible Commentary
If a man have two wives. Inasmuch as it is here provided that a father should not unjustly transfer what belongs to one son to another, it is a part and supplement of the Eighth Commandment, the substance of which is, that every one’s rights should be preserved to him. For, if the father substituted another son in the place of his first-born, it was unquestionably a kind of theft. But, since it rarely happens that a father unnaturally degrades his first-born from his precedence, if all are born of the same mother, God reminds us that He did not enact this law without cause; for, where polygamy was allowed, the mind of the husband was generally most inclined to the second wife; because, if he had loved the first with true affection, he would have been contented with her as the companion of his life and bed, and would not have thought of a second. When, therefore, the husband grew tired of his first wife, and desired a second, he might be coaxed by her blandishments to leave away from the children of his first marriage what naturally belonged to them. Hence, therefore, the necessity of the remedy whereby the father’s power of altering the right of primogeniture is barred; for, although they might allege that they only gave what was their own, yet it was an act of ungodly arrogance to reject him whom God had deigned to honor. For he who arrogates such power to himself, or who assigns the birth-right to whom he will, almost arrogates to himself the ability to create. This right, as is stated in verse 17, was a double portion of the paternal inheritance. The reason which is added, is equivalent to saying, that the first-born is the principal honor and ornament of the father. Still, if there was a just cause for disinheriting the first-born, another successor might be substituted in his stead, as Jacob shewed in his case when he disinherited Reuben. (Genesis 49:4.) When it is said, “beforethe son of the hated,” some expound it to mean “during his lifetime;” others retain the Hebrew phrase, “before his face.” Their opinion, however, is probable, who take this particle comparatively, for “instead of her son.” The wife is called hated, not that her husband is positively her enemy, but because he loves her least; for contempt is considered as hatred, and he is called an enemy who does not render conjugal benevolence.
McArther Bible Commentary
has two wives. In the original, the words literally say "has had two wives," referring to events that have already taken place, evidently intimating that one wife is dead and another has taken her place. Moses, then, is not legislating on a polygamous case where a man has two wives at the same time, but on that of a man who has married twice in succession. The man may prefer the second wife and be exhorted by her to give his inheritance to one of her sons. The issue involves the principle of the inheritance of the firstborn (the right of primogeniture). The firstborn son of the man, whether from the favorite wife or not, was to receive the double portion of the inheritance. The father did not have the authority to transfer this right to another son. This did not apply to sons of a concubine (Gen 21:9-13) or in cases of misconduct (Gen 49:3-4).
Bible Cross References
Genesis 29:33 Deuteronomy 21:16 1 Samuel 1:2 2 Chronicles 11:22

Verse 16

Matthew Henry's Concise Bible Commentary
The first-born not to be disinherited for private affection.
This law restrains men from disinheriting their eldest sons without just cause. The principle in this case as to children, is still binding to parents; they must give children their right without partiality.
John Calvin Bible Commentary
If a man have two wives. Inasmuch as it is here provided that a father should not unjustly transfer what belongs to one son to another, it is a part and supplement of the Eighth Commandment, the substance of which is, that every one’s rights should be preserved to him. For, if the father substituted another son in the place of his first-born, it was unquestionably a kind of theft. But, since it rarely happens that a father unnaturally degrades his first-born from his precedence, if all are born of the same mother, God reminds us that He did not enact this law without cause; for, where polygamy was allowed, the mind of the husband was generally most inclined to the second wife; because, if he had loved the first with true affection, he would have been contented with her as the companion of his life and bed, and would not have thought of a second. When, therefore, the husband grew tired of his first wife, and desired a second, he might be coaxed by her blandishments to leave away from the children of his first marriage what naturally belonged to them. Hence, therefore, the necessity of the remedy whereby the father’s power of altering the right of primogeniture is barred; for, although they might allege that they only gave what was their own, yet it was an act of ungodly arrogance to reject him whom God had deigned to honor. For he who arrogates such power to himself, or who assigns the birth-right to whom he will, almost arrogates to himself the ability to create. This right, as is stated in verse 17, was a double portion of the paternal inheritance. The reason which is added, is equivalent to saying, that the first-born is the principal honor and ornament of the father. Still, if there was a just cause for disinheriting the first-born, another successor might be substituted in his stead, as Jacob shewed in his case when he disinherited Reuben. (Genesis 49:4.) When it is said, “beforethe son of the hated,” some expound it to mean “during his lifetime;” others retain the Hebrew phrase, “before his face.” Their opinion, however, is probable, who take this particle comparatively, for “instead of her son.” The wife is called hated, not that her husband is positively her enemy, but because he loves her least; for contempt is considered as hatred, and he is called an enemy who does not render conjugal benevolence.
Bible Cross References
Genesis 25:31 Deuteronomy 21:15 Deuteronomy 21:17

Verse 17

Matthew Henry's Concise Bible Commentary
The first-born not to be disinherited for private affection.
This law restrains men from disinheriting their eldest sons without just cause. The principle in this case as to children, is still binding to parents; they must give children their right without partiality.
John Calvin Bible Commentary
If a man have two wives. Inasmuch as it is here provided that a father should not unjustly transfer what belongs to one son to another, it is a part and supplement of the Eighth Commandment, the substance of which is, that every one’s rights should be preserved to him. For, if the father substituted another son in the place of his first-born, it was unquestionably a kind of theft. But, since it rarely happens that a father unnaturally degrades his first-born from his precedence, if all are born of the same mother, God reminds us that He did not enact this law without cause; for, where polygamy was allowed, the mind of the husband was generally most inclined to the second wife; because, if he had loved the first with true affection, he would have been contented with her as the companion of his life and bed, and would not have thought of a second. When, therefore, the husband grew tired of his first wife, and desired a second, he might be coaxed by her blandishments to leave away from the children of his first marriage what naturally belonged to them. Hence, therefore, the necessity of the remedy whereby the father’s power of altering the right of primogeniture is barred; for, although they might allege that they only gave what was their own, yet it was an act of ungodly arrogance to reject him whom God had deigned to honor. For he who arrogates such power to himself, or who assigns the birth-right to whom he will, almost arrogates to himself the ability to create. This right, as is stated in verse 17, was a double portion of the paternal inheritance. The reason which is added, is equivalent to saying, that the first-born is the principal honor and ornament of the father. Still, if there was a just cause for disinheriting the first-born, another successor might be substituted in his stead, as Jacob shewed in his case when he disinherited Reuben. (Genesis 49:4.) When it is said, “beforethe son of the hated,” some expound it to mean “during his lifetime;” others retain the Hebrew phrase, “before his face.” Their opinion, however, is probable, who take this particle comparatively, for “instead of her son.” The wife is called hated, not that her husband is positively her enemy, but because he loves her least; for contempt is considered as hatred, and he is called an enemy who does not render conjugal benevolence.
Bible Cross References
Luke 15:12 Revelation 3:14 Genesis 25:31 Genesis 49:3 Deuteronomy 21:16 2 Kings 2:9

Verse 18

Matthew Henry's Concise Bible Commentary
A stubborn son to be stoned.
Observe how the criminal is here described. He is a stubborn and rebellious son. No child was to fare the worse for weakness of capacity, slowness, or dulness, but for wilfulness and obstinacy. Nothing draws men into all manner of wickedness, and hardens them in it more certainly and fatally, than drunkenness. When men take to drinking, they forget the law of honouring parents. His own father and mother must complain of him to the elders of the city. Children who forget their duty, must thank themselves, and not blame their parents, if they are regarded with less and less affection. He must be publicly stoned to death by the men of his city. Disobedience to a parent's authority must be very evil, when such a punishment was ordered; nor is it less provoking to God now, though it escapes punishment in this world. But when young people early become slaves to sensual appetites, the heart soon grows hard, and the conscience callous; and we can expect nothing but rebellion and destruction.
John Calvin Bible Commentary
If a man have a stubborn. What God had previously adverted to in two clauses, tie now embraces in a general law, for it cannot be doubted but that by rebellious children all are designated who are abusive or insulting to their father and mother. For if it be a capital crime to be disobedient to parents, much more is it to strike, or beat them, and to assail them with reproachful words. In sum, Moses declares that those are deserving of death who are of such a stubborn and intractable disposition as to reject the authority of their father and mother, and to hold them in contempt. Whence also we infer what it is to honor our father and mother, for the punishment is only denounced for the transgression of the Commandment. When, therefore, the law delivers over to death all who contumaciously rebel against the discipline of their parents, it follows that they have refused them their due honor. An admirable means, however, of moderating the severity of the law is introduced, when God requires the case to be decided on the evidence of the father and mother; and commands that it should be publicly heard, so that none may be condemned at the will of private individuals. By the Roman law the power of life and death over his childrenwas given to the father, because it was not probable that fathers would be carried away by such senseless inhumanity as to deal cruelly with their own bowels; but, since sometimes fathers are found who are not unlike wild beasts, and examples show us that many, blinded by hate or avarice, have not spared their own children, this concession of the Roman law is justly to be repudiated. I allow, indeed, that those who desired to inflict punishment on their children called their friends into council; but, whereas, the walls of a private dwelling conceal many disgraceful things, God imposed a much better restraint on parents when He did not suffer them to go further than to lay the information and to give their testimony. For, although he would have credit given to their testimony, still, when the children were brought to the tribunal of the judges, a legal trim undoubtedly ensued; and this form of proceeding is prescribed, viz., that the father and mother should bring their son and make their complaint before the judges of his incorrigible stubbornness. It is true that the sentence is immediately subjoined; yet we must infer, nevertheless, that the judges pronounced it before the criminal was stoned, else it would have been ridiculous that they should sit there like cyphers. The very mention of a trial, therefore, implies that the son was heard in his defense, so as to clear himself of the crime, if he was not guilty of it: for, suppose the moroseness of the father and mother were notorious; or that the father accused the son by the instigation of a stepmother; or that any unworthy spite were discovered; or that the father and mother had conspired to destroy their son in a fit of passion: the defense of the cause is, therefore, implied in the adverbthen,for it would have been more than absurd that the son should be condemned without being heard. Especially, when he was to be stoned by the whole people, it was necessary that he should be first convicted; and on this ground he was brought forth publicly, that he might be allowed to plead his cause. But although those were condemned who were addicted to other vices also, yet Moses expressly mentionsgluttonsanddrunkards,toshow that, although no capital crime were alleged, still, dissolute profligacy was sufficient, if the son could not be corrected by his parents; for it is plain that those are in a desperate state who have so east away submissiveness and shame as to receive no profit from the admonitions of their parents. From the end of the verse we gather what was the twofold object of the punishment — that the earth should be purged of the sins whereby it was in a manner, polluted, and that the death of him who had transgressed might be an example to all.
McArther Bible Commentary
a stubborn and rebellious son. Cf. Deu 27:16. The long-term pattern of rebellion and sin of a child who was incorrigibly disobedient is in view. No hope remained for such a person who flagrantly violated the fifth commandment (Exo 20:12), so he was to be stoned to death.
Bible Cross References
Ephesians 6:1 Exodus 20:12 Leviticus 19:3 Deuteronomy 21:19 1 Samuel 3:13 Proverbs 1:8 Jeremiah 5:23

Verse 19

Matthew Henry's Concise Bible Commentary
A stubborn son to be stoned.
Observe how the criminal is here described. He is a stubborn and rebellious son. No child was to fare the worse for weakness of capacity, slowness, or dulness, but for wilfulness and obstinacy. Nothing draws men into all manner of wickedness, and hardens them in it more certainly and fatally, than drunkenness. When men take to drinking, they forget the law of honouring parents. His own father and mother must complain of him to the elders of the city. Children who forget their duty, must thank themselves, and not blame their parents, if they are regarded with less and less affection. He must be publicly stoned to death by the men of his city. Disobedience to a parent's authority must be very evil, when such a punishment was ordered; nor is it less provoking to God now, though it escapes punishment in this world. But when young people early become slaves to sensual appetites, the heart soon grows hard, and the conscience callous; and we can expect nothing but rebellion and destruction.
John Wesley's Bible Commentary
His father and mother - The consent of both is required to prevent the abuse of this law to cruelty. And it cannot reasonably be supposed that both would agree without the son's abominable and incorrigible wickedness, in which case it seems a righteous law, because the crime of rebellion against his own parents did so fully signify what a pernicious member he would be in the commonwealth of Israel, who had dissolved all his natural obligations. Unto the elders - Which was a sufficient caution to preserve children from the malice of any hard - hearted parents, because these elders were first to examine the cause with all exactness, and then to pronounce the sentence.
John Calvin Bible Commentary
If a man have a stubborn. What God had previously adverted to in two clauses, tie now embraces in a general law, for it cannot be doubted but that by rebellious children all are designated who are abusive or insulting to their father and mother. For if it be a capital crime to be disobedient to parents, much more is it to strike, or beat them, and to assail them with reproachful words. In sum, Moses declares that those are deserving of death who are of such a stubborn and intractable disposition as to reject the authority of their father and mother, and to hold them in contempt. Whence also we infer what it is to honor our father and mother, for the punishment is only denounced for the transgression of the Commandment. When, therefore, the law delivers over to death all who contumaciously rebel against the discipline of their parents, it follows that they have refused them their due honor. An admirable means, however, of moderating the severity of the law is introduced, when God requires the case to be decided on the evidence of the father and mother; and commands that it should be publicly heard, so that none may be condemned at the will of private individuals. By the Roman law the power of life and death over his childrenwas given to the father, because it was not probable that fathers would be carried away by such senseless inhumanity as to deal cruelly with their own bowels; but, since sometimes fathers are found who are not unlike wild beasts, and examples show us that many, blinded by hate or avarice, have not spared their own children, this concession of the Roman law is justly to be repudiated. I allow, indeed, that those who desired to inflict punishment on their children called their friends into council; but, whereas, the walls of a private dwelling conceal many disgraceful things, God imposed a much better restraint on parents when He did not suffer them to go further than to lay the information and to give their testimony. For, although he would have credit given to their testimony, still, when the children were brought to the tribunal of the judges, a legal trim undoubtedly ensued; and this form of proceeding is prescribed, viz., that the father and mother should bring their son and make their complaint before the judges of his incorrigible stubbornness. It is true that the sentence is immediately subjoined; yet we must infer, nevertheless, that the judges pronounced it before the criminal was stoned, else it would have been ridiculous that they should sit there like cyphers. The very mention of a trial, therefore, implies that the son was heard in his defense, so as to clear himself of the crime, if he was not guilty of it: for, suppose the moroseness of the father and mother were notorious; or that the father accused the son by the instigation of a stepmother; or that any unworthy spite were discovered; or that the father and mother had conspired to destroy their son in a fit of passion: the defense of the cause is, therefore, implied in the adverbthen,for it would have been more than absurd that the son should be condemned without being heard. Especially, when he was to be stoned by the whole people, it was necessary that he should be first convicted; and on this ground he was brought forth publicly, that he might be allowed to plead his cause. But although those were condemned who were addicted to other vices also, yet Moses expressly mentionsgluttonsanddrunkards,toshow that, although no capital crime were alleged, still, dissolute profligacy was sufficient, if the son could not be corrected by his parents; for it is plain that those are in a desperate state who have so east away submissiveness and shame as to receive no profit from the admonitions of their parents. From the end of the verse we gather what was the twofold object of the punishment — that the earth should be purged of the sins whereby it was in a manner, polluted, and that the death of him who had transgressed might be an example to all.
Bible Cross References
Deuteronomy 21:18 Deuteronomy 21:20 Jeremiah 38:7

Verse 20

Matthew Henry's Concise Bible Commentary
A stubborn son to be stoned.
Observe how the criminal is here described. He is a stubborn and rebellious son. No child was to fare the worse for weakness of capacity, slowness, or dulness, but for wilfulness and obstinacy. Nothing draws men into all manner of wickedness, and hardens them in it more certainly and fatally, than drunkenness. When men take to drinking, they forget the law of honouring parents. His own father and mother must complain of him to the elders of the city. Children who forget their duty, must thank themselves, and not blame their parents, if they are regarded with less and less affection. He must be publicly stoned to death by the men of his city. Disobedience to a parent's authority must be very evil, when such a punishment was ordered; nor is it less provoking to God now, though it escapes punishment in this world. But when young people early become slaves to sensual appetites, the heart soon grows hard, and the conscience callous; and we can expect nothing but rebellion and destruction.
John Wesley's Bible Commentary
A glutton and a drunkard - Under which two offences others of a like or worse nature are comprehended.
John Calvin Bible Commentary
If a man have a stubborn. What God had previously adverted to in two clauses, tie now embraces in a general law, for it cannot be doubted but that by rebellious children all are designated who are abusive or insulting to their father and mother. For if it be a capital crime to be disobedient to parents, much more is it to strike, or beat them, and to assail them with reproachful words. In sum, Moses declares that those are deserving of death who are of such a stubborn and intractable disposition as to reject the authority of their father and mother, and to hold them in contempt. Whence also we infer what it is to honor our father and mother, for the punishment is only denounced for the transgression of the Commandment. When, therefore, the law delivers over to death all who contumaciously rebel against the discipline of their parents, it follows that they have refused them their due honor. An admirable means, however, of moderating the severity of the law is introduced, when God requires the case to be decided on the evidence of the father and mother; and commands that it should be publicly heard, so that none may be condemned at the will of private individuals. By the Roman law the power of life and death over his childrenwas given to the father, because it was not probable that fathers would be carried away by such senseless inhumanity as to deal cruelly with their own bowels; but, since sometimes fathers are found who are not unlike wild beasts, and examples show us that many, blinded by hate or avarice, have not spared their own children, this concession of the Roman law is justly to be repudiated. I allow, indeed, that those who desired to inflict punishment on their children called their friends into council; but, whereas, the walls of a private dwelling conceal many disgraceful things, God imposed a much better restraint on parents when He did not suffer them to go further than to lay the information and to give their testimony. For, although he would have credit given to their testimony, still, when the children were brought to the tribunal of the judges, a legal trim undoubtedly ensued; and this form of proceeding is prescribed, viz., that the father and mother should bring their son and make their complaint before the judges of his incorrigible stubbornness. It is true that the sentence is immediately subjoined; yet we must infer, nevertheless, that the judges pronounced it before the criminal was stoned, else it would have been ridiculous that they should sit there like cyphers. The very mention of a trial, therefore, implies that the son was heard in his defense, so as to clear himself of the crime, if he was not guilty of it: for, suppose the moroseness of the father and mother were notorious; or that the father accused the son by the instigation of a stepmother; or that any unworthy spite were discovered; or that the father and mother had conspired to destroy their son in a fit of passion: the defense of the cause is, therefore, implied in the adverbthen,for it would have been more than absurd that the son should be condemned without being heard. Especially, when he was to be stoned by the whole people, it was necessary that he should be first convicted; and on this ground he was brought forth publicly, that he might be allowed to plead his cause. But although those were condemned who were addicted to other vices also, yet Moses expressly mentionsgluttonsanddrunkards,toshow that, although no capital crime were alleged, still, dissolute profligacy was sufficient, if the son could not be corrected by his parents; for it is plain that those are in a desperate state who have so east away submissiveness and shame as to receive no profit from the admonitions of their parents. From the end of the verse we gather what was the twofold object of the punishment — that the earth should be purged of the sins whereby it was in a manner, polluted, and that the death of him who had transgressed might be an example to all.
Bible Cross References
Deuteronomy 21:19 Deuteronomy 21:21 2 Samuel 18:17 Proverbs 23:20

Verse 21

Matthew Henry's Concise Bible Commentary
A stubborn son to be stoned.
Observe how the criminal is here described. He is a stubborn and rebellious son. No child was to fare the worse for weakness of capacity, slowness, or dulness, but for wilfulness and obstinacy. Nothing draws men into all manner of wickedness, and hardens them in it more certainly and fatally, than drunkenness. When men take to drinking, they forget the law of honouring parents. His own father and mother must complain of him to the elders of the city. Children who forget their duty, must thank themselves, and not blame their parents, if they are regarded with less and less affection. He must be publicly stoned to death by the men of his city. Disobedience to a parent's authority must be very evil, when such a punishment was ordered; nor is it less provoking to God now, though it escapes punishment in this world. But when young people early become slaves to sensual appetites, the heart soon grows hard, and the conscience callous; and we can expect nothing but rebellion and destruction.
John Calvin Bible Commentary
If a man have a stubborn. What God had previously adverted to in two clauses, tie now embraces in a general law, for it cannot be doubted but that by rebellious children all are designated who are abusive or insulting to their father and mother. For if it be a capital crime to be disobedient to parents, much more is it to strike, or beat them, and to assail them with reproachful words. In sum, Moses declares that those are deserving of death who are of such a stubborn and intractable disposition as to reject the authority of their father and mother, and to hold them in contempt. Whence also we infer what it is to honor our father and mother, for the punishment is only denounced for the transgression of the Commandment. When, therefore, the law delivers over to death all who contumaciously rebel against the discipline of their parents, it follows that they have refused them their due honor. An admirable means, however, of moderating the severity of the law is introduced, when God requires the case to be decided on the evidence of the father and mother; and commands that it should be publicly heard, so that none may be condemned at the will of private individuals. By the Roman law the power of life and death over his childrenwas given to the father, because it was not probable that fathers would be carried away by such senseless inhumanity as to deal cruelly with their own bowels; but, since sometimes fathers are found who are not unlike wild beasts, and examples show us that many, blinded by hate or avarice, have not spared their own children, this concession of the Roman law is justly to be repudiated. I allow, indeed, that those who desired to inflict punishment on their children called their friends into council; but, whereas, the walls of a private dwelling conceal many disgraceful things, God imposed a much better restraint on parents when He did not suffer them to go further than to lay the information and to give their testimony. For, although he would have credit given to their testimony, still, when the children were brought to the tribunal of the judges, a legal trim undoubtedly ensued; and this form of proceeding is prescribed, viz., that the father and mother should bring their son and make their complaint before the judges of his incorrigible stubbornness. It is true that the sentence is immediately subjoined; yet we must infer, nevertheless, that the judges pronounced it before the criminal was stoned, else it would have been ridiculous that they should sit there like cyphers. The very mention of a trial, therefore, implies that the son was heard in his defense, so as to clear himself of the crime, if he was not guilty of it: for, suppose the moroseness of the father and mother were notorious; or that the father accused the son by the instigation of a stepmother; or that any unworthy spite were discovered; or that the father and mother had conspired to destroy their son in a fit of passion: the defense of the cause is, therefore, implied in the adverbthen,for it would have been more than absurd that the son should be condemned without being heard. Especially, when he was to be stoned by the whole people, it was necessary that he should be first convicted; and on this ground he was brought forth publicly, that he might be allowed to plead his cause. But although those were condemned who were addicted to other vices also, yet Moses expressly mentionsgluttonsanddrunkards,toshow that, although no capital crime were alleged, still, dissolute profligacy was sufficient, if the son could not be corrected by his parents; for it is plain that those are in a desperate state who have so east away submissiveness and shame as to receive no profit from the admonitions of their parents. From the end of the verse we gather what was the twofold object of the punishment — that the earth should be purged of the sins whereby it was in a manner, polluted, and that the death of him who had transgressed might be an example to all.
Bible Cross References
1 Corinthians 5:13 Leviticus 20:2 Leviticus 20:27 Leviticus 24:14 Numbers 15:25 Numbers 15:35 Numbers 15:36 Deuteronomy 13:11 Deuteronomy 19:19 Deuteronomy 19:20 Deuteronomy 21:20 2 Samuel 18:17

Verse 22

Matthew Henry's Concise Bible Commentary
Malefactors not to be left hanging all night.
By the law of Moses, the touch of a dead body was defiling, therefore dead bodies must not be left hanging, as that would defile the land. There is one reason here which has reference to Christ; "He that is hanged is accursed of God;" that is, it is the highest degree of disgrace and reproach. Those who see a man thus hanging between heaven and earth, will conclude him abandoned of both, and unworthy of either. Moses, by the Spirit, uses this phrase of being accursed of God, when he means no more than being treated most disgracefully, that it might afterward be applied to the death of Christ, and might show that in it he underwent the curse of the law for us; which proves his love, and encourages to faith in him.
John Wesley's Bible Commentary
On a tree - Which was done after the malefactor was put to death some other way, this publick shame being added to his former punishment.
McArther Bible Commentary
hang him on a tree. After an execution, the body was permitted to hang on a tree for the rest of the day as a public display of the consequences of disobedience. However, the body was not to remain on the tree overnight, but was to be properly buried before sunset. Cf. Gal 3:13, where Paul quotes this text in regard to the death of the Lord Jesus Christ.
Bible Cross References
Matthew 26:66 Mark 14:64 Acts 23:29 Deuteronomy 22:26 Joshua 8:29 Joshua 10:27

Verse 23

Matthew Henry's Concise Bible Commentary
Malefactors not to be left hanging all night.
By the law of Moses, the touch of a dead body was defiling, therefore dead bodies must not be left hanging, as that would defile the land. There is one reason here which has reference to Christ; "He that is hanged is accursed of God;" that is, it is the highest degree of disgrace and reproach. Those who see a man thus hanging between heaven and earth, will conclude him abandoned of both, and unworthy of either. Moses, by the Spirit, uses this phrase of being accursed of God, when he means no more than being treated most disgracefully, that it might afterward be applied to the death of Christ, and might show that in it he underwent the curse of the law for us; which proves his love, and encourages to faith in him.
John Wesley's Bible Commentary
He is accursed of God - He is in a singular manner cursed and punished by God's appointment with a most shameful kind of punishment, as this was held among the Jews and all nations; and therefore this punishment may suffice for him, and there shall not be added to it that of lying unburied. And this curse is here appropriated to those that are hanged, to so signify that Christ should undergo this execrable punishment, and be made a curse for us, (Galatians 3:13) , which though it was to come in respect to men, yet was present unto God. Defiled - Either by inhumanity towards the dead: or by suffering the monument of the man's wickedness, and of God's curse, to remain publick a longer time than God would have it, whereas it should he put out of sight, and buried in oblivion.
Bible Cross References
John 19:31 Galatians 3:13 Leviticus 18:25 Numbers 35:34 Joshua 8:29 Joshua 10:26 Joshua 10:27 2 Samuel 21:10 Ezekiel 39:12