21:1 If a homicide victim 1 should be found lying in a field in the land the Lord your God is giving you, 2 and no one knows who killed 3 him, 21:2 your elders and judges must go out and measure how far it is to the cities in the vicinity of the corpse. 4 21:3 Then the elders of the city nearest to the corpse 5 must take from the herd a heifer that has not been worked – that has never pulled with the yoke – 21:4 and bring the heifer down to a wadi with flowing water, 6 to a valley that is neither plowed nor sown. 7 There at the wadi they are to break the heifer’s neck. 21:5 Then the Levitical priests 8 will approach (for the Lord your God has chosen them to serve him and to pronounce blessings in his name, 9 and to decide 10 every judicial verdict 11 ) 21:6 and all the elders of that city nearest the corpse 12 must wash their hands over the heifer whose neck was broken in the valley. 13 21:7 Then they must proclaim, “Our hands have not spilled this blood, nor have we 14 witnessed the crime. 15 21:8 Do not blame 16 your people Israel whom you redeemed, O Lord, and do not hold them accountable for the bloodshed of an innocent person.” 17 Then atonement will be made for the bloodshed. 21:9 In this manner you will purge out the guilt of innocent blood from among you, for you must do what is right before 18 the Lord.
21:10 When you go out to do battle with your enemies and the Lord your God allows you to prevail 19 and you take prisoners, 21:11 if you should see among them 20 an attractive woman whom you wish to take as a wife, 21:12 you may bring her back to your house. She must shave her head, 21 trim her nails, 21:13 discard the clothing she was wearing when captured, 22 and stay 23 in your house, lamenting for her father and mother for a full month. After that you may have sexual relations 24 with her and become her husband and she your wife. 21:14 If you are not pleased with her, then you must let her go 25 where she pleases. You cannot in any case sell 26 her; 27 you must not take advantage of 28 her, since you have already humiliated 29 her.
21:15 Suppose a man has two wives, one whom he loves more than the other, 30 and they both 31 bear him sons, with the firstborn being the child of the less loved wife. 21:16 In the day he divides his inheritance 32 he must not appoint as firstborn the son of the favorite wife in place of the other 33 wife’s son who is actually the firstborn. 21:17 Rather, he must acknowledge the son of the less loved 34 wife as firstborn and give him the double portion 35 of all he has, for that son is the beginning of his father’s procreative power 36 – to him should go the right of the firstborn.
21:18 If a person has a stubborn, rebellious son who pays no attention to his father or mother, and they discipline him to no avail, 37 21:19 his father and mother must seize him and bring him to the elders at the gate of his city. 21:20 They must declare to the elders 38 of his city, “Our son is stubborn and rebellious and pays no attention to what we say – he is a glutton and drunkard.” 21:21 Then all the men of his city must stone him to death. In this way you will purge out 39 wickedness from among you, and all Israel 40 will hear about it and be afraid.
21:22 If a person commits a sin punishable by death and is executed, and you hang the corpse 41 on a tree, 21:23 his body must not remain all night on the tree; instead you must make certain you bury 42 him that same day, for the one who is left exposed 43 on a tree is cursed by God. 44 You must not defile your land which the Lord your God is giving you as an inheritance.
[21:4] 6 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.
[21:12] 21 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
[21:14] 25 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.
[21:14] 29 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, ’anah), 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).
[21:15] 30 tn Heb “one whom he loves and one whom he hates.” For the idea of שָׂנֵא (sane’, “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.
[21:15] 31 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.
[21:17] 35 tn Heb “measure of two.” The Hebrew expression פִּי שְׁנַיִם (piy shÿnayim) 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).
[21:20] 38 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.
[21:21] 39 tn The Hebrew term בִּעַרְתָּה (bi’artah), 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 בָעַר, ba’ar, “to burn”). See H. Ringgren, TDOT 2:203-4.
[21:21] 40 tc Some LXX traditions read הַנִּשְׁאָרִים (hannish’arim, “those who remain”) for the MT’s יִשְׂרָאֵל (yisra’el, “Israel”), understandable in light of Deut 19:20. However, the more difficult reading found in the MT is more likely original.
[21:23] 44 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).