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Deuteronomy 21

The Law Concerning Unsolved Murder
Female Captives
Firstborn Inheritance Rights
The Rebellious Son
Miscellaneous Laws

Deuteronomy 21:1-9

In the case of an unsolved murder, action must be taken.  The land was defiled by bloodguilt.  The circumstances portrayed are given as a typical.  They aren’t meant to exclude unsolved murder in town or near town.  It was just more typical a murder would happen at some distance from witnesses.

The elders and judges would measure to the closest town to determine who held the responsibility for cleansing.  The elders and judges of that nearest city then performed this ritual to cleanse the land of the bloodguilt and restore purity.

The heifer was to be one that was not used for common purposes.  It could then be used for the sacred.  The same for the valley.  It had not been used for common purpose, it could then be used for the sacred.  The elders were to break the heifer’s neck in that valley.  The priests were to come near.  It’s not clear what their role was, other than witness the purification and put their stamp of approval on it.  They would not get too near dead bodies. 

The elders would wash their hands over the heifer with the living water as a symbol of innocence. They would state their innocence and that they had not witnessed who committed the murder.  They would ask the Lord to provide atonement for the bloodshed. 

This was classified as putting away guilt and doing what was right in God’s sight.

Deuteronomy 21:10-14

The women could be spared from the cities outside Canaan.  In most cases they could expect to serve as slaves.  Some would become wives.  The purpose was to establish humane treatment of these women.  Before they were taken as wives, they were to allow her a time of transition.  She was given a month to mourn the loss, or separation of her family. 

The changing of clothes, shaving her head, and trimming nails were likely to indicate a status change for her.  Some commentators see these as associated with mourning.  One theory was that trimming her nails and shaving her head would affect her beauty and cause the man to rethink taking her pagan as a wife.

If the man changed his mind, he was to set her free.  He wasn’t allowed to sell her.  He wasn’t allowed to treat her with any brutality.  He had already put her in a low position.

Deuteronomy 21:15-17

The firstborn is a function of biology, not preference.  The firstborn will always be the firstborn, regardless of the status of the Father to the wife.  The priority placed on the firstborn is seen in the birth of Zerah and Perez.  The hand of the one emerged first, but the complete birth was after the other twin (Gen 38:27-28).

The firstborn was the beginning of the father’s strength.  This is an interesting phrase.  JPS says:

This is a common description of the firstborn, who is proof of his father’s potency and a token of future fertility.

Tigay, J. H. (1996). Deuteronomy (p. 196). Jewish Publication Society.

The right of the firstborn was the right of a double portion of the father’s inheritance.  The responsibilities included becoming the head of the family if, or when, the father was incapacitated.

Deuteronomy 21:18-21

The stubborn and rebellious son, who refused to listen to his parents and refused to heed their warnings, was to be taken to the elders of the city.  His evil was spoken to the elders.  They were to take the son and stone him to death. 

This is part of purging the evil from among them.  It is a threat equal to worshiping other gods.  Not only was this rebellious son dealt with, but all Israel would hear of this and fear. 

Deuteronomy 21:22-23

The corpse doesn’t call for public display.  However, if it is displayed, for the purpose of deterrent and example, then there were rules for how it could be done.  The body was never to be left on the tree overnight.  They are to be buried the same day.  Failure to bury the corpse could defile the land. 

Those who are hanged on a tree are accursed of God.  The exact meaning is in doubt.  Besides the exposure of people to ritual impurity, it may be that God is offended when bodies are mistreated.  Although a criminal, the person was still created in the image of God.

Besides the obvious purpose of this law, is there not a secondary purpose?  If the Romans left Christ on the cross, the timing of the resurrection would have been thrown off. 

©2007, 2023 Doug Ford, Calvary Chapel Sweetwater