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Laws Concerning Unsolved Murder

21 If a homicide victim[a] should be found lying in a field in the land the Lord your God is giving you,[b] and no one knows who killed[c] him, your elders and judges must go out and measure how far it is to the cities in the vicinity of the corpse.[d] Then the elders of the city nearest to the corpse[e] must take from the herd a heifer that has not been worked—that has never pulled with the yoke— and bring the heifer down to a wadi with flowing water,[f] to a valley that is neither plowed nor sown.[g] There at the wadi they are to break the heifer’s neck. Then the Levitical priests[h] will approach (for the Lord your God has chosen them to serve him and to pronounce blessings in his name,[i] and to decide[j] every judicial verdict[k]) , and all the elders of that city nearest the corpse[l] must wash their hands over the heifer whose neck was broken in the valley.[m] Then they must proclaim, “Our hands have not spilled this blood, nor have we[n] witnessed the crime.[o] Do not blame[p] your people Israel whom you redeemed, O Lord, and do not hold them accountable for the bloodshed of an innocent person.”[q] Then atonement will be made for the bloodshed. In this manner you will purge the guilt of innocent blood from among you, for you must do what is right before[r] the Lord.

Laws Concerning Female Captives

10 When you go out to do battle with your enemies and the Lord your God allows you to prevail[s] and you take prisoners, 11 if you should see among them[t] an attractive woman whom you wish to take as a wife, 12 you may bring her back to your house. She must shave her head,[u] trim her nails, 13 discard the clothing she was wearing when captured,[v] and stay[w] in your house, lamenting for her father and mother for a full month. After that you may sleep with her[x] and become her husband and she your wife. 14 If you are not pleased with her, then you must let her go[y] where she pleases. You cannot in any case sell[z] her;[aa] you must not take advantage of[ab] her, since you have already humiliated[ac] her.

Laws Concerning Children

15 Suppose a man has two wives, one whom he loves more than the other,[ad] and they both[ae] bear him sons, with the firstborn being the child of the less-loved wife. 16 In the day he divides his inheritance[af] he must not appoint as firstborn the son of the favorite wife in place of the other wife’s[ag] son who is actually the firstborn. 17 Rather, he must acknowledge the son of the less-loved wife[ah] as firstborn and give him the double portion[ai] of all he has, for that son is the beginning of his father’s procreative power[aj]—to him should go the right of the firstborn.

18 If a person has a stubborn, rebellious son who pays no attention to his father or mother, and they discipline him to no avail,[ak] 19 his father and mother must seize him and bring him to the elders at the gate of his city. 20 They must declare to the elders[al] of his city, “Our son is stubborn and rebellious and pays no attention to what we say—he is a glutton and drunkard.” 21 Then all the men of his city must stone him to death. In this way you will purge[am] wickedness from among you, and all Israel[an] will hear about it and be afraid.

Disposition of a Criminal’s Remains

22 If a person commits a sin punishable by death and is executed, and you hang the corpse[ao] on a tree, 23 his body must not remain all night on the tree; instead you must make certain you bury[ap] him that same day, for the one who is left exposed[aq] on a tree is cursed by God.[ar] You must not defile your land that the Lord your God is giving you as an inheritance.

Footnotes

  1. Deuteronomy 21:1 tn Heb “slain [one].” The term חָלָל (khalal) suggests something other than a natural death (cf. Num 19:16; 23:24; Jer 51:52; Ezek 26:15; 30:24; 31:17-18).
  2. Deuteronomy 21:1 tn The Hebrew text includes “to possess it,” but this has not been included in the translation for stylistic reasons.
  3. Deuteronomy 21:1 tn Heb “struck,” but in context a fatal blow is meant; cf. NLT “who committed the murder.”
  4. Deuteronomy 21:2 tn Heb “surrounding the slain [one].”
  5. Deuteronomy 21:3 tn Heb “slain [one].”
  6. Deuteronomy 21:4 tn The combination “a wadi with flowing water” is necessary because a wadi (נַחַל, nakhal) was ordinarily a dry stream or riverbed. For this ritual, however, a perennial stream must be chosen so that there would be fresh, rushing water.
  7. Deuteronomy 21:4 sn The unworked heifer, fresh stream, and uncultivated valley speak of ritual purity—of freedom from human contamination.
  8. Deuteronomy 21:5 tn Heb “the priests, the sons of Levi.”
  9. Deuteronomy 21:5 tn Heb “in the name of the Lord.” See note on Deut 10:8. The pronoun has been used in the translation for stylistic reasons to avoid redundancy.
  10. Deuteronomy 21:5 tn Heb “by their mouth.”
  11. Deuteronomy 21:5 tn Heb “every controversy and every blow.”
  12. Deuteronomy 21:6 tn Heb “slain [one].”
  13. Deuteronomy 21:6 tn Heb “wadi,” a seasonal watercourse through a valley.
  14. Deuteronomy 21:7 tn Heb “our eyes.” This is a figure of speech known as synecdoche in which the part (the eyes) is put for the whole (the entire person).
  15. Deuteronomy 21:7 tn Heb “seen”; the implied object (the crime committed) has been specified in the translation for clarity.
  16. Deuteronomy 21:8 tn Heb “Atone for.”
  17. Deuteronomy 21:8 tn Heb “and do not place innocent blood in the midst of your people Israel.”
  18. Deuteronomy 21:9 tn Heb “in the eyes of” (so ASV, NASB, NIV).
  19. Deuteronomy 21:10 tn Heb “gives him into your hands.”
  20. Deuteronomy 21:11 tn Heb “the prisoners.” The pronoun has been used in the translation for stylistic reasons, to avoid redundancy.
  21. Deuteronomy 21:12 sn This requirement for the woman to shave her head may symbolize the putting away of the old life and customs in preparation for being numbered among the people of the Lord. The same is true for the two following requirements.
  22. Deuteronomy 21:13 tn Heb “she is to…remove the clothing of her captivity” (cf. NASB); NRSV “discard her captive’s garb.”
  23. Deuteronomy 21:13 tn Heb “sit”; KJV, NASB, NRSV “remain.”
  24. Deuteronomy 21:13 tn The verb בּוֹא (boʾ; “to come”) with the preposition אֶל (ʾel; “to”) means “to approach, to come to” (HALOT 113 s.v. בּוֹא) and is a euphemism for coming together for sexual relations. A clearer euphemism has been used for the translation than the more literal “get together with.” See the note at 2 Sam 12:24 on this phrase being only a euphemism.
  25. Deuteronomy 21:14 sn Heb “send her off.” The Hebrew term שִׁלַּחְתָּה (shillakhtah) is a somewhat euphemistic way of referring to divorce, the matter clearly in view here (cf. Deut 22:19, 29; 24:1, 3; Jer 3:1; Mal 2:16). This passage does not have the matter of divorce as its principal objective, so it should not be understood as endorsing divorce generally. It merely makes the point that if grounds for divorce exist (see Deut 24:1-4), and then divorce ensues, the husband could in no way gain profit from it.
  26. Deuteronomy 21:14 tn The Hebrew text uses the infinitive absolute for emphasis, which the translation indicates by the words “in any case.”
  27. Deuteronomy 21:14 tn The Hebrew text includes “for money.” This phrase has not been included in the translation for stylistic reasons.
  28. Deuteronomy 21:14 tn Or perhaps “must not enslave her” (cf. ASV, NAB, NIV, NRSV, NLT); Heb “[must not] be tyrannical over.”
  29. Deuteronomy 21:14 sn You have humiliated her. Since divorce was considered rejection, the wife subjected to it would “lose face” in addition to the already humiliating event of having become a wife by force (21:11-13). Furthermore, the Hebrew verb translated “humiliated” here (עָנָה, ʿanah), commonly used to speak of rape (cf. Gen 34:2; 2 Sam 13:12, 14, 22, 32; Judg 19:24), likely has sexual overtones as well. The woman may not be enslaved or abused after the divorce because it would be double humiliation (see also E. H. Merrill, Deuteronomy [NAC], 291).
  30. Deuteronomy 21:15 tn Heb “one whom he loves and one whom he hates.” For the idea of שָׂנֵא (saneʾ, “hate”) meaning to be rejected or loved less (cf. NRSV “disliked”), see Gen 29:31, 33; Mal 1:2-3. Cf. A. Konkel, NIDOTTE 3:1256-60.
  31. Deuteronomy 21:15 tn Heb “both the one whom he loves and the one whom he hates.” On the meaning of the phrase “one whom he loves and one whom he hates” see the note on the word “other” earlier in this verse. The translation has been simplified for stylistic reasons, to avoid redundancy.
  32. Deuteronomy 21:16 tn Heb “when he causes his sons to inherit what is his.”
  33. Deuteronomy 21:16 tn Heb “the hated.”
  34. Deuteronomy 21:17 tn See note on the word “other” in v. 15.
  35. Deuteronomy 21:17 tn Heb “measure of two.” The Hebrew expression פִּי שְׁנַיִם (pi shenayim) suggests a two-thirds split; that is, the elder gets two parts and the younger one part. Cf. 2 Kgs 2:9; Zech 13:8. The practice is implicit in Isaac’s blessing of Jacob (Gen 25:31-34) and Jacob’s blessing of Ephraim (Gen 48:8-22).
  36. Deuteronomy 21:17 tn Heb “his generative power” (אוֹן, ʾon; cf. HALOT 22 s.v.). Cf. NAB “the firstfruits of his manhood”; NRSV “the first issue of his virility.”
  37. Deuteronomy 21:18 tn Heb “and he does not listen to them.”
  38. Deuteronomy 21:20 tc The LXX and Smr read “to the men,” probably to conform to this phrase in v. 21. However, since judicial cases were the responsibility of the elders in such instances (cf. Deut 19:12; 21:3, 6; 25:7-8) the reading of the MT is likely original and correct here.
  39. Deuteronomy 21:21 tn The Hebrew term בִּעַרְתָּה (biʿartah), here and elsewhere in such contexts (cf. Deut 13:5; 17:7, 12; 19:19; 21:9), suggests God’s anger which consumes like fire (thus בָּעַר, baʿar, “to burn”). See H. Ringgren, TDOT 2:203-4.
  40. Deuteronomy 21:21 tc Some LXX traditions read הַנִּשְׁאָרִים (hannishʾarim, “those who remain”) for the MT’s יִשְׂרָאֵל (yisraʾel, “Israel”), understandable in light of Deut 19:20. However, the more difficult reading found in the MT is more likely original.
  41. Deuteronomy 21:22 tn Heb “him.”
  42. Deuteronomy 21:23 tn The Hebrew text uses the infinitive absolute for emphasis, which the translation indicates by “make certain.”
  43. Deuteronomy 21:23 tn Heb “hung,” but this could convey the wrong image in English (hanging with a rope as a means of execution). Cf. NCV “anyone whose body is displayed on a tree.”
  44. Deuteronomy 21:23 sn The idea behind the phrase cursed by God seems to be not that the person was impaled because he was cursed but that to leave him exposed there was to invite the curse of God upon the whole land. Why this would be so is not clear, though the rabbinic idea that even a criminal is created in the image of God may give some clue (thus J. H. Tigay, Deuteronomy [JPSTC], 198). Paul cites this text (see Gal 3:13) to make the point that Christ, suspended from a cross, thereby took upon himself the curse associated with such a display of divine wrath and judgment (T. George, Galatians [NAC], 238-39).

21 “If someone slain is found in the land that Yahweh your God is giving to you to take possession of it and is lying in the field, and it is not known who killed him,[a] then your elders and your judges shall go out and shall measure the distance to the cities that are around the slain one. And then[b] the nearest city to the slain one, the elders of that city shall take a heifer of the herd that has not been worked with in the field, that has not pulled a yoke, and the elders of that city shall bring the heifer down to a wadi that flows with water all year[c] and that has not been plowed and has not been sown; then there they shall break the neck of the heifer in the wadi.[d] Then the priests, the descendants[e] of Levi, shall come near, for Yahweh your God has chosen them to bless in the name of Yahweh, and every legal dispute and every case of assault will be subject to their ruling.[f] And all of the elders of that city nearest to the slain person shall wash their hands over the heifer with the broken neck in the wadi.[g] And they shall declare, and they shall say, ‘Our hands did not shed this blood, and our eyes did not see what was done. Forgive your people, Israel, whom you redeemed, Yahweh, and do not allow[h] the guilt of innocent blood in the midst of your people Israel, and let them be forgiven with regard to blood.’ And so you shall purge the innocent blood from your midst, because you must do the right thing in the eyes of Yahweh.

10 “When you go out for battle against your enemies, and Yahweh your God gives them into your hand, and you lead the captives[i] away, 11 and you see among the captives[j] a woman beautiful in appearance, and you become attached to her and you want to take her as a wife, 12 then you shall bring her into your household, and she shall shave her head, and she shall trim her nails. 13 And she shall remove the clothing of her captivity from her, and she shall remain in your house, and she shall mourn her father and her mother a full month,[k] and after this you may have sex with her,[l] and you may marry her, and she may become your wife.[m] 14 And then if you do not take delight in her, then you shall let her go to do whatever she wants,[n] but you shall not treat her as a slave, since you have dishonored[o] her.

15 “If a man has two wives, and the one is loved and the other one is disliked and the one loved and the one that is disliked have borne for him sons, if it happens that the firstborn son belongs to the one that is disliked,[p] 16 nevertheless it will be the case that[q] on the day of bestowing his inheritance upon his sons, he will not be allowed to treat as the firstborn son the son of the beloved wife in preference to[r] the son of the disliked wife, who is the firstborn son. 17 But he shall acknowledge the firstborn son of the disliked wife by giving[s] him a double portion of all that he has,[t] for he is the firstfruit of his vigor;[u] to him is the legal claim of the birthright.[v]

18 If a man has a stubborn and rebellious son[w] who does not listen to[x] the voice of his father and to the voice of his mother, and they discipline him, and he does not obey[y] them, 19 then his father and his mother shall take hold of him, and they shall bring him out to the elders of his city and to the gate of his town,[z] 20 and they shall say to the elders of his city, ‘This our son is stubborn and rebellious; he does not obey us,[aa] and he is a glutton and a drunkard.’ 21 Then all the men of his city shall stone him with stones and let him die; and so you shall purge the evil from your midst, and all of Israel will hear, and they will fear.

22 “And if a man commits a sin punishable by death,[ab] and so he is put to death and you hang him on a tree, 23 his dead body shall not hang on the tree, but certainly you shall bury him on that day, for cursed by God is one that is being hung; so you shall not defile your land[ac] that Yahweh your God is giving to you as an inheritance.”

Footnotes

  1. Deuteronomy 21:1 Literally “struck/smote him”
  2. Deuteronomy 21:3 Literally “And it will happen”
  3. Deuteronomy 21:4 Literally “an ever-flowing wadi”
  4. Deuteronomy 21:4 Literally “they shall break there the neck with respect to the heifer in the ever-flowing wadi”; the Hebrew verb carries the meaning “to break the neck of”
  5. Deuteronomy 21:5 Or “sons”
  6. Deuteronomy 21:5 Literally “on their mouth”
  7. Deuteronomy 21:6 A valley that is dry most of the year, but contains a stream during the rainy season
  8. Deuteronomy 21:8 Literally “place/put”
  9. Deuteronomy 21:10 Hebrew “his captive” but singular pronoun refers to the many captives taken with plural sense
  10. Deuteronomy 21:11 Hebrew “captive”
  11. Deuteronomy 21:13 Literally “a month of days”
  12. Deuteronomy 21:13 Literally “you may go into her”
  13. Deuteronomy 21:13 Literally “become for you as wife”
  14. Deuteronomy 21:14 Literally “according to her desire/soul”
  15. Deuteronomy 21:14 Or “humbled”
  16. Deuteronomy 21:15 Literally “is to the wife who is hated”
  17. Deuteronomy 21:16 Literally “it will happen”
  18. Deuteronomy 21:16 Literally “over the faces of”
  19. Deuteronomy 21:17 Literally “to give”
  20. Deuteronomy 21:17 Literally “all that is found for him”
  21. Deuteronomy 21:17 Or “the beginning of his strength”
  22. Deuteronomy 21:17 Or “the just claim of the firstborn”
  23. Deuteronomy 21:18 Literally “If shall be for a man, a son stubborn and rebellious”
  24. Deuteronomy 21:18 Literally “and there is no listening/obedience”
  25. Deuteronomy 21:18 Or “listen to”
  26. Deuteronomy 21:19 Literally “place”
  27. Deuteronomy 21:20 Literally “there is no listening to our voice”
  28. Deuteronomy 21:22 Literally “when shall be against a man a sin of judgment of death”
  29. Deuteronomy 21:23 Or “ground”