Teks -- Deuteronomy 21:12-23 (NET)

21:12 you may bring her back to your house. She must shave her head, trim her nails, 21:13 discard the clothing she was wearing when captured, and stay in your house, lamenting for her father and mother for a full month. After that you may have sexual relations 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 where she pleases. You cannot in any case sell her; you must not take advantage of her, since you have already humiliated her.

Laws Concerning Children

21:15 Suppose a man has two wives, one whom he loves more than the other, and they both bear him sons, with the firstborn being the child of the less loved wife. 21:16 In the day he divides his inheritance he must not appoint as firstborn the son of the favorite wife in place of the other wife’s son who is actually the firstborn. 21:17 Rather, he must acknowledge the son of the less loved wife as firstborn and give him the double portion of all he has, for that son is the beginning of his father’s procreative power– 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, 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 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 wickedness from among you, and all Israel will hear about it and be afraid.

Disposition of a Criminal’s Remains

21:22 If a person commits a sin punishable by death and is executed, and you hang the corpse on a tree, 21:23 his body must not remain all night on the tree; instead you must make certain you bury him that same day, for the one who is left exposed on a tree is cursed by God. You must not defile your land which the Lord your God is giving you as an inheritance.

Tafsiran/Catatan -- Catatan Kata/Frasa (per frasa)

Wesley: Deu 21:12 - 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.

Wesley: Deu 21:13 - Raiment of captivity

Those sordid raiments which were put upon her when she was taken captive.

Wesley: Deu 21:13 - Bewail her father and mother

Either their death, or which was in effect the same, her final separation from them.

Wesley: Deu 21:14 - If thou have no delight in her

If thou dost not chuse to marry her.

Wesley: Deu 21:14 - 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.

Wesley: Deu 21:15 - Two wives

This practice, though tolerated, is not hereby made lawful; but only provision is made for the children in this case.

Wesley: Deu 21:15 - Hated

Comparatively, that is, less loved.

Wesley: Deu 21:19 - 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.

Wesley: Deu 21:19 - 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.

Wesley: Deu 21:20 - A glutton and a drunkard

Under which two offences others of a like or worse nature are comprehended.

Wesley: Deu 21:22 - 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.

Wesley: Deu 21:23 - 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, Gal 3:13, which though it was to come in respect to men, yet was present unto God.

Wesley: Deu 21:23 - 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.

JFB: Deu 21:10-14 - When thou goest to war . . . and seest among the captives a beautiful woman . . . that thou wouldest have her to thy wife

According to the war customs of all ancient nations, a female captive became the slave of the victor, who had the sole and unchallengeable control of right to her person. Moses improved this existing usage by special regulations on the subject. He enacted that, in the event that her master was captivated by her beauty and contemplated a marriage with her, a month should be allowed to elapse, during which her perturbed feelings might be calmed, her mind reconciled to her altered condition, and she might bewail the loss of her parents, now to her the same as dead. A month was the usual period of mourning with the Jews, and the circumstances mentioned here were the signs of grief--the shaving of the head, the allowing the nails to grow uncut, the putting off her gorgeous dress in which ladies, on the eve of being captured, arrayed themselves to be the more attractive to their captors. The delay was full of humanity and kindness to the female slave, as well as a prudential measure to try the strength of her master's affections. If his love should afterwards cool and he become indifferent to her person, he was not to lord it over her, neither to sell her in the slave market, nor retain her in a subordinate condition in his house; but she was to be free to go where her inclinations led her.

JFB: Deu 21:15-17 - If a man have two wives, one beloved, and another hated

In the original and all other translations, the words are rendered "have had," referring to events that have already taken place; and that the "had" has, by some mistake, been omitted in our version, seems highly probable from the other verbs being in the past tense--"hers that was hated," not "hers that is hated"; evidently intimating that she (the first wife) was dead at the time referred to. Moses, therefore, does not here legislate upon the case of a man who has two wives at the same time, but on that of a man who has married twice in succession, the second wife after the decease of the first; and there was an obvious necessity for legislation in these circumstances; for the first wife, who was hated, was dead, and the second wife, the favorite, was alive; and with the feelings of a stepmother, she would urge her husband to make her own son the heir. This case has no bearing upon polygamy, which there is no evidence that the Mosaic code legalized.

JFB: Deu 21:18-21 - If a man have a stubborn and rebellious son

A severe law was enacted in this case. But the consent of both parents was required as a prevention of any abuse of it; for it was reasonable to suppose that they would not both agree to a criminal information against their son except from absolute necessity, arising from his inveterate and hopeless wickedness; and, in that view, the law was wise and salutary, as such a person would be a pest and nuisance to society. The punishment was that to which blasphemers were doomed [Lev 24:23]; for parents are considered God's representatives and invested with a portion of his authority over their children.

JFB: Deu 21:22-23 - if a man have committed a sin . . . and thou hang him on a tree

Hanging was not a Hebrew form of execution (gibbeting is meant), but the body was not to be left to rot or be a prey to ravenous birds; it was to be buried "that day," either because the stench in a hot climate would corrupt the air, or the spectacle of an exposed corpse bring ceremonial defilement on the land.

Clarke: Deu 21:12 - She shall shave her head

She shall shave her head - This was in token of her renouncing her religion, and becoming a proselyte to that of the Jews. This is still a custom in the East; when a Christian turns Mohammedan his head is shaven, and he is carried through the city crying, la alahila allah we Mohammed resooli Allah ; "There is no God but God, and Mohammed is the prophet of God.

Clarke: Deu 21:12 - Pare her nails

Pare her nails - ועשתה את צפרניה veasethah eth tsipporneyha , "she shall make her nails."Now whether this signifies paring or letting them grow, is greatly doubted among learned men. Possibly it means neither, but colouring the nails, staining them red with the hennah, which is much practiced in India to the present day, and which was undoubtedly practiced among the ancient Egyptians, as is evident from the nails of mummies which are found thus stained. The hennah, according to Hasselquist, grows in India, and in Upper and Lower Egypt; it flowers from May to August. The manner of using it is this: the leaves are powdered, and made into a paste with water: they bind this paste on the nails of their fingers and toes, and let it stand on all night; in the morning they are found to be of a beautiful reddish yellow, and this lasts three weeks or a month, after which they renew the application. They often stain the palms of their hands and the soles of their feet in the same way, as appears from many paintings of eastern ladies done in India and Persia, which now lie before me. This staining the soles of the feet with the hennah is probably meant in 2Sa 19:24 : Mephibosheth had not dressed (literally made) his feet - they had not been thus coloured.

Clarke: Deu 21:15 - One beloved, and another hated

One beloved, and another hated - That is, one loved less than the other. This is the true notion of the word hate in Scripture. So Jacob Hated Leah, that is, he loved her less than he did Rachel; and Jacob have I loved, but Esau have I Hated, that is, I have shown a more particular affection to the posterity of Jacob than I have to the posterity of Esau. See the note on Gen 29:31. From this verse we see that polygamy did exist under the Mosaic laws, and that it was put under certain regulations; but it was not enjoined, Moses merely suffered it, because of the hardness of their hearts, as our Lord justly remarks Mat 19:8.

Clarke: Deu 21:18-21 - The stubborn, rebellious, gluttonous, and drunken son is to be stoned to death

The stubborn, rebellious, gluttonous, and drunken son is to be stoned to death - This law, severe as it may seem, must have acted as a powerful preventive of crime. If such a law were in force now, and duly executed, how many deaths of disobedient and profligate children would there be in all corners of the land!

Clarke: Deu 21:23 - His body shall not remain all night upon the tree

His body shall not remain all night upon the tree - Its exposure for the space of one day was judged sufficient. The law which required this answered all the ends of public justice, exposed the shame and infamy of the conduct, but did not put to torture the feelings of humanity by requiring a perpetual exhibition of a human being, a slow prey to the most loathsome process of putrefaction. Did ever the spiking of the heads of state criminals prevent high treason? or the gibbeting of a thief or a murderer, prevent either murder or robbery? These questions may be safely answered in the negative; and the remains of the ancient barbarism which requires these disgusting and abominable exhibitions, and which are deplored by every feeling heart, should be banished with all possible speed. In the case given in the text, God considers the land as defiled while the body of the executed criminal lay exposed, hence it was enjoined, Thou shalt in any wise bury him that day

Clarke: Deu 21:23 - For he that is hanged is accursed of God

For he that is hanged is accursed of God - That is, he has forfeited his life to the law; for it is written, Cursed is every one who continueth not in all things that are written in the book of the law to do them; and on his body, in the execution of the sentence of the law, the curse was considered as alighting; hence the necessity of removing the accursed thing out of sight. How excellent are all these laws! How wondrously well calculated to repress crimes by showing the enormity of sin! It is worthy of remark that in the infliction of punishment prescribed by the Mosaic law, we ever find that Mercy walks hand in hand with Judgment.

Calvin: Deu 21:15 - If a man have two wives

15.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. (Gen 49:4.) When it is said, “ before the 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.

Calvin: Deu 21:18 - NO PHRASE

18.=== 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 children ¹¹ was 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 adverb then, ¹² 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 mentions gluttons and drunkards, to show 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.

Calvin: Deu 21:22 - NO PHRASE

The object of this precept was to banish inhumanity and barbarism from the chosen people, and also to impress upon them horror even of a just execution. And surely the body of a man suspended on a cross is a sad and hideous spectacle; for the rights of sepulture are ordained for man, both as a pledge and symbol of the resurrection, and also to spare the eyes of the living, lest they should be defiled by the sight of so horrible a thing. Moses does not here speak generally, but only of those malefactors who are unworthy of the honor of burial; yet the public good is regarded in the burial even of such as these, lest men should grow accustomed to cruelty, and thus become more ready to commit murder. Moreover, that they may take more careful heed in this matter, he declares that the land would be defiled, if the corpse should be left hanging on the cross, since such inhumanity pollutes and disgraces the land. And this was more intolerable in Judea, which God had given as an inheritance to his elect people, that he might be there worshipped reverentially, and purely, every profanation being excluded. The man so hanged is called ⁴² “the curse of God,” because this kind of punishment is detestable in itself. God, indeed, does not forbid criminals to be crucified, or hanged on a gallows, but rather gives His sanction to this mode of punishment; He only, by His own example, exhorts the Israelites to abhor all atrocity. Although, therefore, He does not disapprove of the punishment, He still says that lie abominates those that are hanged on a tree, that the scandal may be immediately removed; nor does He call them accursed, as if their salvation was to be despaired of, but because the hanging was a mark of His curse. This passage Paul applies to Christ, to teach us that He was made κατάρα ( a curse) for us, that He might deliver us from the curse of the Law. ( Gal 3:13.) For, since all are guilty of transgression, and thus the whole race of mankind is implicated in the curse, there was no other mode of deliverance, except that Christ should substitute Himself in our place. Nor was God unmindful of His sentence, when He suffered His only-begot, tea Son to be crucified. Hence it follows that He submitted Himself to our condition, in order; that we might receive God’s blessing; since He was

“ made sin for us, that we might be made the righteousness
of God in Him.” (2Co 5:21.)

Defender: Deu 21:21 - that he die

Records indicate no rebellious son was ever put to death under this law. Every father elected to spare his own son, no matter how sinful the son might have been. Only Christ, the perfectly obedient Son (Joh 8:29; Joh 17:4) was not spared (Rom 8:32)."

Defender: Deu 21:23 - accursed of God

The reason why a person executed by hanging on a tree is specially cursed is not explained. It probably is because of its prophetic implications, anticipating the future death of Christ when He would bear "our sins in His own body on the tree" (1Pe 2:24). Ever since Adam's sin brought God's curse of death on the earth (Gen 3:17-19), the whole creation had been awaiting the time when Christ would be "made a curse for us: for it is written, Cursed is every one that hangeth on a tree" (Gal 3:13). The primeval curse was occasioned because Adam ate the delectable fruit of the tree of temptation; therefore, the second Adam must Himself become the bitter fruit on the tree of salvation. As Christ must be buried before sundown to avoid profaning the sabbath (Joh 19:31), so every criminal executed by hanging or by crucifixion (which practice had not yet been introduced in Moses' day) must likewise be buried before sundown in order not to delay a receipt of the accursed victim by the cursed ground. That Christ was actually "hanged on a tree" is confirmed three times in the New Testament (Act 5:30; Act 10:39; Act 13:29)."

TSK: Deu 21:12 - pare her nails

la eelah eela allah wemochammed resoolu 7)llahee , ""There is no God but the God, and Mohammed is the prophet of God.""1Co 11:6; Eph 4:22

pare her nails : or, suffer to grow, Heb. make, or dress, Weâsethah eth tzipparneyha , ""and she shall make her nails;""i.e., probably neither paring nor letting them grow, but dressing or beautifying them as the Eastern women still do by tinging them with the leaves of an odoriferous plant called alhenna , which Hasselquist (p. 246) informs us, ""grows in India and in upper and lower Egypt, flowering from May to August. The leaves are pulverized and made into a paste with watercaps1 . tcaps0 hey bind this paste on the nails of their hands and feet, and keep it on all night. This gives them a deep yellow, which is greatly admired by Eastern nations. The colour lasts for three or four weeks before there is occasion to renew it. The custom is so ancient in Egypt, that I have seen the nails of mummies dyed in this manner.""

TSK: Deu 21:13 - and bewail

and bewail : Psa 45:10, Psa 45:11; Luk 14:26, Luk 14:27

TSK: Deu 21:14 - thou shalt // because thou

thou shalt : Exo 21:7-11

because thou : Deu 22:19, Deu 22:24, Deu 22:29; Gen 34:2; Jdg 19:24

TSK: Deu 21:15 - two wives

two wives : Gen 29:18, Gen 29:20, Gen 29:30, Gen 29:31, Gen 29:33; 1Sa 1:4, 1Sa 1:5

TSK: Deu 21:16

1Ch 5:2, 1Ch 26:10; 2Ch 11:19-22, 2Ch 21:3; Rom 8:29; Phi 4:8; Heb 12:16, Heb 12:17

TSK: Deu 21:17 - by giving // that he hath // the beginning // the right

by giving : Gen 25:5, Gen 25:6, Gen 25:32, Gen 25:34; 1Ch 5:1, 1Ch 5:2

that he hath : Heb. that is found with him

the beginning : Gen 49:3; Psa 105:36

the right : Gen 25:31-34

TSK: Deu 21:18 - have a stubborn // obey the voice // when they // will not

have a stubborn : Pro 28:24, Pro 30:11, Pro 30:17; Isa 1:2

obey the voice : Deu 27:16; Exo 20:12, Exo 21:15, Exo 21:17; Lev 19:3, Lev 21:9; Pro 15:5, Pro 20:20; Eze 22:7

when they : Deu 8:5; 2Sa 7:14; Pro 13:24, Pro 19:18, Pro 22:15, Pro 23:13, Pro 23:14, Pro 29:17; Heb 12:9-11

will not : Isa 1:5; Jer 5:3, Jer 31:18; Eze 24:13; Amo 4:11, Amo 4:12

TSK: Deu 21:19 - and bring

and bring : Deu 21:2, Deu 16:18, Deu 25:7; Zec 13:3

TSK: Deu 21:20 - he will not // he is a glutton

he will not : Pro 29:17

he is a glutton : Pro 19:26, Pro 20:1, Pro 23:19-21, Pro 23:29-35

TSK: Deu 21:21 - all the men // so shalt thou // all Israel

all the men : Deu 13:10, Deu 13:11, Deu 17:5; Lev 24:16

so shalt thou : Deu 13:5, Deu 13:11, Deu 19:19, Deu 19:20, Deu 22:21, Deu 22:24

all Israel : Deu 13:11

TSK: Deu 21:22 - worthy of death // thou hang

Jos 8:29, Jos 10:26; So in Num 25:4, we read, ""And the Lord said unto Moses, Take all the heads (chief men) of the people, and hang them up before the Lord against the sun, that the fierce anger of the Lord may be turned away from Israel.""Among the Romans, in after ages, they hanged, or rather fastened to the tree ALIVE; and such was the cruel death of our blessed Lord and Saviour Jesus Christ. Deu 19:6, Deu 22:26; 1Sa 26:16; Mat 26:66; Act 23:29, Act 25:11, Act 25:25, Act 26:31

worthy of death : Heb. of the judgment of death, The Hebrews understand this not of putting to death by hanging, but of hanging a man up after he was stoned to death; which was done more ignominiously of some heinous malefactors. We have the examples of Rechab and Baanah, who, for murdering Ish-bosheth, were slain by David’ s commandment, their hand and feet cut off, and then hanged up. 2Sa 4:12

thou hang : 2Sa 21:6, 2Sa 21:9; Luk 23:33; Joh 19:31-38

TSK: Deu 21:23 - he that is hanged is accursed of God // thy land

he that is hanged is accursed of God : Heb. the curse of God, That is, it is the highest degree of reproach that can attach to a man, and proclaims him under the curse of God as much as any external punishment can. They that see him thus hanging between heaven and earth, will conclude him abandoned of both, and unworthy of either. Bp. Patrick observes, that this passage is applied to the death of Christ; not only because he bare our sins and was exposed to shame, as these malefactors were that were accursed of God, but because he was in the evening taken down from the cursed tree and buried (and that by the particular care of the Jews, with an eye to this law, Joh 19:31), in token, that now the guilt being removed, the law was satisfied, as it was when the malefactors had hanged till sun-setcaps1 . icaps0 t demanded no more. Then he, and those that are his, ceased to be a curse. And as the land of Israel was pure and clean when the body was buried, so the church is washed and cleansed by the complete satisfaction which Christ thus made. Deu 7:26; Num 25:4; Jos 7:12; 2Sa 21:6; Rom 9:3; Gal 3:13; 1Co 16:22; 2Co 5:21

thy land : Lev 18:25; Num 35:33, Num 35:34

Tafsiran/Catatan -- Catatan Kata/Frasa (per Ayat)

Poole: Deu 21:12 - pare her nails

Either,

1. To take off his affections from her by rendering her uncomely and deformed; but then the last words must not be rendered shall

pare her nails but shall nourish them , or suffer them to grow , as the Chaldee, Arabic, and divers of the learned Jews and other interpreters render it. Or,

2. To express her sorrow for the loss of her father and mother, as it follows, Deu 21:13 , it being the ancient custom of mourners in most nations to shave themselves, and in some to pare their nails, in others to suffer them to grow. Or rather,

3. In token of her renouncing her heathenish idolatry and superstition, and of her becoming a new woman, and embracing the true religion; which her captive condition and subjection to his will would make her inclinable to do in profession.

Poole: Deu 21:13 - The raiment of her captivity // Her father and mother // She shall be thy wife

The raiment of her captivity i.e. either,

1. Those goodly raiments in which she was when she was taken captive, instead of which she now must put on a servile habit, as this is generally understood; or rather,

2. Those servile and sordid raiments which were put upon her when she was taken captive, as the manner was to do with captives, as the phrase itself seems to intimate; as prison garments Jer 52:33are such garments as prisoners use to wear; and garments of praise are praiseworthy or glorious garments; and it seems harsh to call those garments of captivity , which are made for and generally worn by free persons only, and which are usually taken away from persons when they come into captivity. Add, that this doth not seem to be any part or token of her sorrow, but rather a mending of her condition, and exchanging her servile habit for a better and more decent one, which might be, though this were a mourning habit.

Her father and mother either their death, or, which was in effect the same, her final separation from them. Withal this signified her alienation from them or from their superstitious and idolatrous courses, and her translation of her love from all other persons to her husband and to the true religion. Compare Psa 45:11 .

She shall be thy wife supposing what might very rationally be supposed of one in her circumstances, and what she signified by the foregoing rites, that she should submit to her husband’ s religion, in which case the marriage might be tolerable. Or this was a permission and indulgence given to them for the hardness of their hearts, as in the case of divorce, Deu 24:1 Mat 19:8 .

Poole: Deu 21:14 - If thou have no delight in her // Thou shalt not make merchandise of her // Humbled her

If thou have no delight in her either,

1. After thou hast married her; and so this is a permission of a divorce, which being indulged towards an Israelitish woman, was not likely to be denied towards a stranger. Or rather,

2. Before thy marriage; for it is not probable, that God having given him competent time for the trial of his affections to her before he was permitted to marry her, would suffer him upon so slight an occasion, within a day or two after so solemn a contract, to send her away; nor is there a word spoken here of any divorce.

Thou shalt not make merchandise of her i.e. 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.

Humbled her i.e. lain with her, as this phrase is oft used, as Gen 34:2 Deu 22:24,29 Jud 19:24 Eze 23:10,11 .

Poole: Deu 21:15 - Two wives

Two wives either,

1. Both together; which practice, though tolerated, is not hereby made lawful, but only provision is made for the children in that case. Or,

2. One after another. Hated, comparatively, i.e. less loved, as Gen 29:31 Mat 6:24 Luk 14:26 .

Poole: Deu 21:16 - He may not // Before the son

He may not it is not lawful, because contrary to the rights and law of nature.

Before the son or, before the face of the son , i.e. in his lifetime, as this phrase is understood, Gen 11:28 16:12 25:18 . And when this phrase is rendered before another, it signifies only in the presence of another, but never notes the preference of one person to another, which the Hebrews express in another manner. And this may be added to intimate, that if the eldest son were dead, and had left a child, the father was free to give the right of his first-born unto his second son, rather than to the child of the eldest. Or this phrase may be an aggravation of the fact, whereby his father did in a manner spit in his face, and fasten a reproach upon him in his very sight and presence.

Poole: Deu 21:17 - Acknowledge // Double portion // The beginning of his strength

Acknowledge i.e. make it appear that he owns him.

Double portion for the phrase, see 2Ki 2:9 Zec 13:8 ; and for the thing, see Gen 25:31 1Ch 5:1 .

The beginning of his strength i.e. the first evidence of his manly strength and ability for procreation.

Poole: Deu 21:19 - The consent of both father and mother // Bring him out unto the elders of his city

The consent of both father and mother is required to prevent the abuse of this law to cruelty. And it cannot reasonably be supposed that both would agree without manifest necessity, and the son’ s abominable and incorrigible wickedness, in which case it seems a fit and righteous law, because the crime of rebellion against his own parents was so high in itself, and did so fully signify what a pernicious member and son of Belial he would be in the commonwealth of Israel, who had dissolved all his natural obligations. Yet the Jews say this law was never put in practice, and therefore it might be made for terror and prevention, and to render the authority of parents more sacred and powerful.

Bring him out unto the elders of his city 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.

Poole: Deu 21:20 - Stubborn and rebellious // A glutton and a drunkard

Stubborn and rebellious adds incorrigibleness to all his wickedness.

A glutton and a drunkard under which two offences others of a like or worse nature are comprehended by a synecdoche.

Poole: Deu 21:21

Stoning was the punishment appointed for blasphemers and idolaters; which if it seem severe, it is to be considered that parents are in God’ s stead, and intrusted in good measure with his authority over their children; and that families are the matter and foundation of the church and commonwealth, and they who are naughty members and rebellious children in them, do commonly prove the bane and plague of these; and therefore no wonder if they are nipped in the bud.

Poole: Deu 21:22

Which was done after the malefactor was put to death some other way, this public shame being added to his former punishment. See Jos 7:25 8:29 10:26 2Sa 4:12 .

Poole: Deu 21:23 - Is accursed of God // Be not defiled

Is accursed of God i.e. 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, which was another great calamity, Jer 16:4 . And this curse is here appropriated to those that are hanged, partly because this punishment was inflicted only upon the most notorious and public offenders, and such as brought the curse of God upon the community, as Num 25:4 2Sa 21:6 ; and principally to foresignify that Christ should undergo this execrable punishment, and be made a curse for us, Gal 3:13 , which though it was yet to come in respect to men, yet was present unto God, and in his eye at this time. And so this is delivered with respect unto Christ, as many other passages of Scripture manifestly are.

Be not defiled to wit, morally; either by inhumanity towards the dead; or rather by suffering the monument or memorial of the man’ s great wickedness, and of God’ s curse, to remain public and visible a longer time than God would have it, whereas it should be put out of sight, and buried in oblivion.

Haydock: Deu 21:12 - Hair // Nails

Hair. In mourning, people did the reverse to what they were accustomed to do in the days of joy. The men let their hair grow, the women cut this ornament of their head, a thing which the prophets often threaten, Isaias xv. 23., and Jeremias xlvii. 5, &c. (Calmet) ---

Nails. Some would translate the Hebrew "she shall make her nails grow, " as a mark of sorrow, perhaps usual among the pagans faciet ungues. But the Septuagint, Philo, &c. agree with the Vulgate; (Menochius) and the Hebrew may very well have the same sense. We must not judge of the idea which others have of beauty, by our own sentiments. Some women in America have long nails, and esteem them as marks of beauty and nobility; and in China, they let those of the left hand grow, and cut them in mourning. (Hist. Sin. iii. 1.) The people of Mauritania take a pride in having long nails. (Strabo, xvi.) The Duke of Burgundy, not 300 years ago, was distinguished among the slain, before Nancy, in France, (Haydock) by the length of his nails; (Calmet) and, in ancient times, people never cut them in voyages at sea, unless to express their grief in extreme danger. Huic fluctus vivo radicitus abstulit ungues. (Propertius iii.; Petron.[Petronius?]) Why, therefore, might not these captives follow the same custom, as all depends on fashion? (Calmet) ---

The woman being deprived of her ornaments, the passion of the soldier might probably abate. St. Jerome (ep. 84,) applies this to worldly learning, which he endeavoured to make subservient to the truth, after he had cut away what was dead and pernicious in it. (Du Hamel)

Haydock: Deu 21:13 - Raiment // One month

Raiment. In mourning, people wore different clothes from what they did at other times, 2 Kings xiv. 2. ---

One month. So long the mourning for Aaron and Moses continued, chap. xxxiv., and Numbers xx. (Menochius)

Haydock: Deu 21:14 - Her

Her. Nothing shews the weakness of the Hebrews more than this liberty, which the law was in a manner forced to allow, to prevent greater evils. The soldier who has married a captive, may abandon her, if he set her free, (Calmet) which was but a slight punishment for his inconstancy.

Haydock: Deu 21:15 - Two wives

Two wives. Moses never expressly (Haydock) sanctions polygamy; but he tolerates it frequently, as excused by custom, the example of the Patriarchs, &c.; a toleration which Christ has revoked, as contrary to the primary design of God, and the institution of matrimony. (Calmet) (Matthew xix.)

Haydock: Deu 21:16 - Hated

Hated, or less loved. (Haydock) ---

The inheritance goes to the first-born independently of the father's disposition, in order to prevent the disturbances which would otherwise have taken place in families, where the different wives would have been continually endeavouring to get their respective children preferred before the rest. David, indeed, assigned the throne to Solomon, to the exclusion of Adonias; but this was done by the command of God, 3 Kings i. 17. The regulation of Jacob, in favour of Joseph, was made prior to this law. The Jewish doctors inform us that a father cannot disinherit any of his lawful heirs, except the judges ratify his sentence, while he is in health. But if he be dangerously ill, his verbal declaration will suffice, provided he appoint some one whom the law does not reject. For if he were to make a Gentile his heir, the will would be null. The testament must be made in the day time, for which they cite Ecclesiasticus xxxiii. 24. They say likewise that a father may, while living, give his effects to whom he pleases, and by this means disinherit his children; or he may give the succession to one of them, who is then considered as a tutor of the rest, and is bound to maintain them with necessaries till the year of jubilee, when each may claim his respective share. (Selden, Succes. c. xxiv.) But all these regulations seem to contradict the law. (Calmet)

Haydock: Deu 21:17 - Double portion // First

Double portion. If a person left six children, his effects were divided into seven equal parts, and the eldest son received two of them, though others think that he was entitled to one-half of the whole, (Calmet) in order to enable him to support the dignity of the family, (Haydock) and the greater expenses which he had to incur for sacrifices and solemn feasts. (Grotius) ---

If he were dead, his children or heirs were entitled to his portion. This was the prerogative of the first-born, 1 Paralipomenon v. 2. (Selden) ---

The right to the priesthood, if they might have claimed it before the law, was now given to the family of Aaron. Females had no privilege above one another. They received equal shares, when there was no male issue, Numbers xxxvi. (Haydock) ---

First. Hebrew, "the beginning of his strength." See Genesis xlix. 3.

Haydock: Deu 21:18 - Son

Son. The Rabbins do not look upon children as bound by the law, till they be 13 years old. Their faults, before that age, are imputed to the father, and he is to be punished for them. When, therefore, a son has attained the competent years, the father makes attestation of it in the presence of ten Jews, declaring that he has instructed his son in the commandments, customs of the nation, and daily prayers; and that he now sets him at liberty to answer, in future, for his own faults, praying that God would enable him to lead a virtuous life. (Calmet)

Haydock: Deu 21:19 - Ancients

Ancients. In considerable cities there was a tribunal of three, and another of 23 judges. The former took cognizance of the first accusation, and condemned the stubborn child to be scourged: but the latter sentenced him to be stoned in case of a relapse, provided both parents concurred in prosecuting their son, as they would not both surely be guided by passion. (Theodoret, q. 20.) The Rabbins, according to their custom, modify this law, and exempt girls, orphans, and boys under 13 years of age. (Selden, Syned.) ---

Josephus ([Antiquities?] xvi. 17,) says that the parents laid their hands on the head of the undutiful, and then all the people stoned him. Moses has not specified the punishment of parricides, (Calmet) as he deemed it next to impossible. (Haydock) ---

But we may hence judge how he would have chastised so heinous a crime. The Romans formerly sewed such wretches in a leathern sack, (Cic.[Cicero,?] Invent. ii.) but afterwards they enclosed with them a dog, a cock, a viper, and a monkey; and having first whipped them so as to fetch blood, placed them in a chariot drawn by black oxen, and hurled them into the sea or into some river. (Justinian) ---

Solomon sentences those who contemn their parents to be the food of crows and eagles, Proverbs xxx. 17. No restraints were laid by the ancient Greeks on the authority of a father, as he was esteemed the most equitable judge. (Sopater, ap. Grotius) (Calmet)

Haydock: Deu 21:22 - Gibbet

Gibbet. Whether the person was first killed, as the Jews assert, or he was left to die upon the gibbet, see Calmet's Diss. It is also a matter of doubt, whether he was nailed to the gibbet, or hung on it by a rope. (Bonfrere)

Haydock: Deu 21:23 - Of God

Of God. Chaldean, "he has been fixed on the gibbet for sinning against God." Symmachus and Arabic, "he has blasphemed the Lord." Syriac, "the man who has blasphemed shall be hung." Only people accused of great crimes such as blasphemy and idolatry, were condemned to this reproachful death, and prayers were not said for them in the synagogue, as they were for other persons, during the 11 months following their decease. (Calmet) ---

They are not to be remembered before God. Their dead bodies are to be buried before sun-set, that the country may not be defiled. The punishment itself is extremely infamous, and the name of God is often used by the Jews, to express something in the highest degree, as the cedars of God, &c. (Haydock) ---

Some understand this passage, as if the body were not to be left on the gibbet, because man, being created to the likeness of God, he will not allow the body to be insulted. Homer (Iliad xxiv.) says that Achilles offered an insult to the earth, when he dragged the dead body of Hector round the walls of Troy. Others think, that the criminal having been treated with due severity, as accursed of God, his corpse must not be deprived of decent burial. Res sacra miser. The Jews refused this privilege to none but suicides, (Josephus, Jewish Wars iii. 25,) while the Egyptians and Phœnicians suffered the bodies to rot upon the gibbet, whose inhumanity God here reproves. St. Paul reads this verse in a different manner both from the Hebrew and Septuagint, leaving out of God, and substituting, with the Septuagint, the words every one, and on a tree. Christ has redeemed us from the curse of the law, being made a curse for us: for it is written, Cursed is every one that hangeth on a tree, Galatians iii. 13. St. Jerome remarks, that on this, as well as on other occasions, he adheres to the sense, without following the express words of Scripture. He also observes, with Tertullian, that only those are declared accursed by the law, who are hung for their crimes; and as Jesus Christ suffered not for any fault of his own, but being willing to appear in the character of one accursed, he has procured for us all blessings. (Calmet) ---

In a mystical sense, that man is accursed who is obstinate in sin, hanging as it were on the tree, which was the occasion of our first parents' transgression. (Worthington) ---

St. Jerome seems to think that the Jews have inserted of God, to intimate that Christ was accursed of him. (Haydock)

Gill: Deu 21:12 - Then thou shalt bring her home to thine house // thou shalt bring her into the midst of thine house // and she shall shave her head // and pare her nails

Then thou shalt bring her home to thine house,.... In order to make her his wife, after some things were done here directed to; for this is not to be understood of his taking her home with a view to defile her, as Maimonides ^e interprets it; who observes, that when a man's lust so rages that he cannot subdue it, yet he ought not publicly to satisfy his lust, but to have the woman into a private and secret place, as it is said:

thou shalt bring her into the midst of thine house; nor was he permitted to lie with her in the camp, nor was it lawful for him to defile her a second time, until her mourning was at an end; though elsewhere ^f he gives a different sense of this passage, and supposes the man to have lain with the captive woman, before the introduction of her into his house; for it is a notion that prevails with the Jewish writers, that an Israelitish soldier might lie once with an Heathen woman taken captive, to gratify his lust, but might not repeat it; so it is said in the Talmud ^g; yet it must be observed, that there are some, though but few, who are of opinion that the first congress was unlawful, and that he might not touch her until certain conditions were fulfilled, and they were married, as R. Jochanan ^h; and which is embraced, supported, and defended by Abarbinel on the place, and in which he is undoubtedly right; and so it is understood by Josephus ⁱ and Philo ^k; for this law gives no liberty nor countenance to the violation of the beautiful captive. The plain meaning is, that when a Jewish soldier was passionately in love with a captive, and was desirous of making her his wife, he was to take her home to his house, where she was to remain, to see whether his passion of love would subside, or the woman become a proselyte, or however till certain rites were observed, and then he was permitted to marry her:

and she shall shave her head; either that she might be the less engaging, her flowing locks, or plaited hair, or modish headdress, being removed from her, which had served to excite a passion for her; or as a token of mourning for her present afflicted state and condition; and in afflicted circumstances it was usual to shave the head; see Job 1:20; and though it was forbidden the Israelites, yet not Gentiles; Deu 14:1.

and pare her nails; this and the former some think were ordered to make her fit to be his wife, and were a sort of purification of her, and an emblem of her having renounced Heathenism, and having departed from it, and laid aside all superfluity of former naughtiness; but this phrase is interpreted in the Targum of Onkelos, "let her nails grow"; and so the Arabic version: and this the Jewish writers say was ordered to be done, that she might appear ugly and disagreeable to him, and be abhorred by him; so Jarchi, Aben Ezra, and Ben Melech; the same is observed by Maimonides ^l, and is the sense of R. Akiba ^m. Another of their writers ⁿ think it refers to a custom in some nations to dye their nails."The daughters of the Heathens (he says) used to adorn the nails of their hands and feet, and dye them with various colours, according to the custom of the Ishmaelites (or Turks); that there might be a variety in their hands, and men might look at them, take them and handle them until the fire of hell, and an evil concupiscence, burned; wherefore this is ordered that they might let them grow, without any preparation or die.''But perhaps this neglect of their nails, and suffering them to grow, was in token of mourning as well as shaving the head, as also sometimes even paring the nails was done on the same account.

Gill: Deu 21:13 - 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

And she shall put the raiment of her captivity from off her,.... Her beautiful garments, and gay apparel, in which she was taken captive; and which tended to stir up the stronger affection for her, and greater desire after her; and therefore, as some think, were ordered to be removed, to abate the ardour of love to her. Jarchi observes, that the daughters of the Gentiles used to adorn themselves in war, that they might cause others to commit fornication with them; and another writer before referred to says ^o, the daughters of Heathens used to adorn themselves in raiment of silk, and purple, and fine linen, and needlework, to allure and entice men with them; and therefore the law obliges to put off her beautiful garments, and clothe her with old worn out ones, that she might be less agreeable to him; though the putting off her fine clothes, and being clad with sordid ones, might be only as a token of mourning; as it was customary at such times to lay aside richer clothing, and put on sackcloth, Jon 3:6.

and shall remain in thine house: shut up there, and never stir out, as the same writer interprets it. Maimonides ^p says, that she was to be with him in the house, that going in and out he might see her, and she become abominable to him; though perhaps it was only that he might have an opportunity of observing her manners, and of conversing with her, in order to make a proselyte of her; so the Targum of Jonathan interprets it of dipping herself, and becoming a proselytess in his house; or else, as the rest, her abiding in the house, and not going out, might be on account of mourning, as follows:

and bewail her father and her mother a full month; who were either dead in the battle, or however she had no hope of seeing them any more, being a captive, and likely to be settled in another man's house in a foreign country, and so take her farewell of her father's house in this mournful manner. The Jews are divided about the sense of these words; some take them simply to signify her parents, others her idols, according to Jer 2:17. The Targum of Jonathan is,"and weep for the idols of the house of her father and her mother;''meaning not for the loss of them, but for the idolatry of her father's house she was now convinced of, being become a proselytess, according to the paraphrast; but the last seems only to have respect to the loss of her father and mother, which she was to bewail a whole month, or "a moon of days" ^q; as many days as the moon is going its course, which it finishes in twenty seven days, seven hours, and forty three minutes, and this is called the periodical month; but is longer in passing from one conjunction of it with the sun to another, called the synodical month, and its quantity is twenty nine days, twelve hours, and forty four minutes. Maimonides ^r says, she was to stay in his house three months, one month of mourning, and two after that, and then he was to marry her. The reason of this the Targum of Jonathan explains, by paraphrasing the words thus,"and shall stay three months, that it may be known whether she is with child;''that is, by his lying with her before when taken with her beauty, that so he might distinguish this child begotten on her in Heathenism, from what he might have by her after marriage, which is supposed to be the case of Tamar and Absalom; but as there is no foundation in the text for a permission to lie with her before marriage, so neither for these additional months; only one month was required, which was the usual time for mourning for deceased relations; see Num 20:29.

and after that thou shalt go in unto her; and not before:

and be her husband, and she shall be thy wife he continuing to love her, and she having become a proselytess.

Gill: Deu 21:14 - 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

And it shall be, if thou have no delight in her;.... Either some time after marriage:

then thou shalt let her go whither she will; by a bill of divorce, as the Targum of Jonathan, who understands it in this sense, and as the connection of the words seems to require; or else before marriage, at the month's end, or any time before, that if his affections cooled towards her, and all the above methods tended to abate his love of her, then he was obliged to dismiss her, or to grant her her freedom, and let her go wherever she pleased; she was no longer his captive, nor his servant:

but thou shalt not sell her at all for money; as he might have done if he had not made such a proposal to her, and obliged her to the observance of such rites and ceremonies as he did, in order to make her his wife:

thou shalt not make merchandise of her; which seems to express the same thing, and therefore something else is rather intended; as that he should neither make any gain of her by selling her to another, nor retain her in his own service, nor make use of her as a slave; so Jarchi says, that in the Persian language they call service by this word, and which also he says he learnt from an eminent writer of theirs, R. Moses Hadarsan; with which Maimonides ^s agrees, who explains it, shall make no use of her service, or serve himself by her; he should have no profit by her, either by sale, or servitude:

because thou hast humbled her; which phrase it must be owned is often, used of unlawful commerce with a woman, of defiling her, or violating her chastity; and so may seem to confirm the notion of those who think that he lay with her before he took her to his house, and therefore, upon a refusal to marry her afterwards, was obliged to this loss; though the word signifies any kind of affliction, as this was a very great one, a great mortification to her, to be taken into his house, to have her head shaved, and her nails pared, or suffered to grow, and her fine clothes changed for sordid ones; and all this with a profession of a design to marry her, and yet after all is deceived and disappointed by him; wherefore for such a conduct toward her he was obliged to give her her freedom.

Gill: Deu 21:15 - If a man have two wives // one beloved and another hated // and they have borne him children both, the beloved and the hated // and if the firstborn son be hers that was hated

If a man have two wives,.... Which is supposed, but not approved of, though permitted because of the hardness of men's hearts; for it was not so from the beginning, when only one man and one woman were created, and joined together in marriage; but as it was connived at, and become customary, a law is made to prevent confusion, and preserve order in families:

one beloved and another hated; or less loved, yet continued his wife, and not divorced. Aben Ezra observes, this follows upon the former, because it is there said, that though first he had a desire to her (the captive beautiful woman), yet afterwards had no delight in her:

and they have borne him children both, the beloved and the hated; as Rachel and Leah did to Jacob, who were, the one very much beloved by him, and the other less:

and if the firstborn son be hers that was hated; or not so much beloved as the other, as was the case in the above instance.

Gill: Deu 21:16 - 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

Then it shall be, when he maketh his sons to inherit that which he hath,.... By a will in writing, or byword of mouth, or by a deed of gift, actually bestowing his goods upon them, and dividing among them what he is for the present possessed of; see Luk 15:12,

that he may not make the son of the beloved firstborn before the son of the hated, which is indeed the firstborn; that is, when such is the case, that the son of his wife he has the least value for is really his firstborn, he may not, through favour and affection to the wife he loves better, prefer her son, and declare him to be the firstborn, by devising to him or bestowing on him the double portion of his goods; for so to do would not be right, or agreeably to the will and law of God; for though previous to this law the birthright was given to Joseph, the eldest son of Rachel, the most beloved wife of Jacob, before Reuben who was the son of Leah, less beloved by him, and was in fact his firstborn; yet this was owing to the sin of Reuben, and by the appointment of God; see Gen 49:3.

Gill: Deu 21:17 - 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

But he shall acknowledge the son of the hated for the firstborn,.... Own him and declare him to be so, both by his will and the division of goods by him; or he shall "separate" him, as Onkelos; distinguish him from all his other sons, and make known to all, as the Targum of Jonathan, that he is his firstborn:

by giving him a double portion of all that he hath; or, "that is found with him" ^t; which he was in the possession of when he made his will, or divided his goods; and so refers not to what might come into his hands afterwards, or should be his in reversion afterwards; in this the firstborn had not his double portion, only in what his father was for the present possessed of; so that if a man had two sons, his goods were divided into three parts, and the firstborn took two parts, and the other the third; if three sons, they were divided into four parts, of which the firstborn had two parts, and the others each of them one; if four sons, they were divided into five parts, and the firstborn took two, and the other three one apiece, and so in proportion; the division was made according to their number:

for he is the beginning of his strength; as Jacob said, of Reuben; see Gill on Gen 49:3 the right of the firstborn is his; before this law was given, there was a birthright, or a privilege belonging to the firstborn, which gave him the preeminence in the family to his brethren; but whether he was entitled to a double portion of goods, previous to this law, is not certain; however, by this it was his right, and might not be alienated from him; for, according to the Jewish canons ^u,"if a man say, such an one my son, the firstborn, shall not take the double portion, and my son such an one shall not inherit with his brethren, he says nothing, cause he disposes contrary to what is written in the law.''This law of the firstborn in the mystery of it may respect our Lord Jesus Christ, the firstborn of God, and the firstborn of Mary; and who had a double portion of the gifts and grace of the Spirit, or rather the Spirit without measure, the oil of gladness he was anointed with above his fellows, and is the firstborn among many brethren, among whom in all things he has the preeminence; and also the elect of God, the church of the firstborn, whose names are written in heaven, who have a double portion, both temporal and spiritual things, the promise of this life and that to come, grace here and glory hereafter; and the ultimate glory is but one inheritance, they all share alike in, being equally children, and all firstborn; and it may have regard also to the Jewish and Gentile churches, the former was the beloved wife, the latter some time not beloved, and yet the children of the Gentile church have a larger measure of the Spirit than those of the jewish church had; see Rom 9:25.

Gill: Deu 21:18 - If a man have a stubborn and rebellious son // which will not obey the voice of his father, or the voice of his mother

If a man have a stubborn and rebellious son,.... It is observed ^w that this law quickly follows, and is subjoined to that which relates to the marriage of a woman taken captive, because often from such marriages wicked and refractory children have sprung, and which they exemplify in the case of Absalom, whose mother they say David took in war and married: the character of such a son follows, and by which it may be known that he is stubborn and rebellious; stubborn in his nature, and rebellious in his actions; behaves contrary to the laws of God, and the instructions of his parents; what he should do, that he does not; and what he should not do, that he does; will not do what is commanded him, and will do what is forbidden him, notwithstanding all counsels, admonitions, and corrections given him:

which will not obey the voice of his father, or the voice of his mother; is disobedient to the commands of either of them; see Pro 30:17 and, when they have chastened him, will not hearken to them; when they have reproved him by words, and corrected him with blows; the Jews understand this of scourging or beating by the order of the sanhedrim, after admonition given; it is said ^x,"they admonish him before three (a court of judicature consisting of three judges), and they beat him; but it seems rather to respect private corrections of their own by words and stripes, which having no effect, they were to proceed as follows.''

Gill: Deu 21:19 - 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

Then shall his father and his mother lay hold on him,.... With their own hands, or cause him to be apprehended by others, in which they were to agree, and which the Jews gather from hence;"if (say they ^y) the father is willing (to bring him to justice), and the mother not willing, if his father is not willing and the mother is willing, he is not reckoned a stubborn or rebellious son, until they both agree:"

and bring him out unto the elders of his city; according to the Misnah ^z, the sanhedrim, or court of judicature, consisting of twenty three; for they say, that after he has been admonished and scourged by order of the bench of three, if he returns to his corrupt and wicked ways again, he is judged by the court of twenty three:

and unto the gate of his place; or city, where the court sat; so the Targums of Onkelos and Jonathan, to the gate of the sanhedrim of his place.

Gill: Deu 21:20 - 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

And they shall say unto the elders of his city,.... In open court, what follows, at the same time, according to the Targum of Jonathan, acknowledging their own sins, for which such a calamity had befallen them, saying,"we have transgressed the decree of the word of the Lord, because is born unto us a son that is stubborn, &c.''see Joh 9:2.

this our son is stubborn and rebellious, he will not obey our voice; one of an obstinate disposition, will have his own will and way, is perverse and refractory; honours not, but despises his parents, and is disobedient to their commands, unruly and ungovernable: the Jews gather ^a many things from hence, for which there is little foundation, as that they must be neither dumb, nor blind, nor deaf; though what they further observe is not much amiss, concerning this rebellious child, that the law respects a son and not a daughter, because a daughter generally is more tractable; and less capable of doing mischief than a son; and a son and not a man, for if at man's estate, and for himself, he is not under the power of his parents; and yet not a child or a little one, for that is not comprehended in the commands; he must be according to them thirteen years of age and one day, and he must be a son and not a father ^b:

he is a glutton and a drunkard; which, according to the Misnah ^c, is one that eats half a pound of flesh, and drinks half a log of Italian wine; R. Jose says, a pound of flesh and a log of wine; but the decision was not according to him; the first rule stood: now half a pound of flesh, and half a log of wine, which was about three egg shells, or a quarter of a pint, would be at this day reckoned very little by our grandsons of Bacchus, as Schickard observes ^d; but in an age of severer discipline, as he says, in the tender candidates of temperance, it was reckoned too much, and was a presage of a future glutton: and it must be further observed to denominate him a rebellious son, what he ate and drank was to be what he stole from his parents, and did not eat and drink it at home, but abroad, and in bad company; so Jarchi remarks on the text, he is not guilty until he steals, and eats half a pound of flesh, and drinks half a log of wine; in which he seems to have respect to the Jewish canon ^e,"if he steals from his father and eats it in a place in his father's power, or from others and eats it in a place in their power, or from others and eats it in a place in his father's power; he is not reckoned a stubborn and rebellious son, unless he steals from his father, and eats it in a place in the power of others,''see Pro 23:20, the Jews seem to refer to this when they charged Christ with being a glutton and a winebibber, Mat 11:19 being desirous of having him thought as such an one.

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

And all the men of his city shall stone him with stones, that he die,.... The populace; that is, after his trial is finished, and he is condemned to die; and he was not stoned until the three first judges were there (by whom he was admonished, and ordered to be beaten), as it it said, "this is our son", this is he that was beaten before you ^f; and according to the Targum of Jonathan,"if he feared (God, and showed any token of repentance) and received instruction, and they (his parents) desired to preserve him alive, they preserved him; but if he refused and was rebellious, then they stoned him;''but the Jews say this law, and that of retaliation, were never put into execution:

so shalt thou put away evil from among you; put a stop to, and prevent such an evil for the future, and remove the guilt of it; or, as the Targum of Jonathan, him that doeth that evil:

and all Israel shall hear, and fear; it being to be publicly notified throughout the land, that such an one suffered death for such a crime, which would be a means of deterring others from the same; so Jarchi remarks,"here (says he) a proclamation was necessary to be made by the sanhedrim, as that such an one was stoned because he was stubborn and rebellious;''for the mystical sense of this see Eph 2:2.

Gill: Deu 21:22 - 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

And if a man have committed a sin worthy of death,.... This before mentioned, or any other that deserves death, any kind of death, as strangling, killing with the sword, burning and stoning, to which the Jews restrain it here:

and he be to be put to death, and thou hang him, on a tree; is condemned to stoning, and after that they hang him, as the Targum of Jonathan; and according to the Jewish Rabbins, as Jarchi observes, all that were stoned were to be hanged, and only men, not women ^g; for it is remarked that it is said "him" and not "her" ^h: about this there is a dispute in the Misnah ⁱ;"all that are stoned are hanged, they are the words of R. Eliezer; but the wise men say none are to be hanged but the blasphemer and idolater; a man is to be hanged with his face to the people, a woman with her face to the tree, they are the words of R. Eliezer; but the wise men say, a man is to be hanged, but no woman, to whom R. Eliezer replied, did not Simeon Ben Shetach hang women in Ashkelon? they answered him, he hung eighty women (at once), but they do not judge or condemn two in one day;''so that this was a particular case at a particular time, and not be drawn into an example: in the same place it is asked,

"how they hang one? they fix a beam in the earth, and a piece of wood goes out of it (near the top of it, as one of the commentator ^k remarks), and join his two hands together and hang him;''that is, by his hand, not by his neck, as with us, but rather in the crucifixion; only in that the hands are spread, and one hand is fastened to one part of the cross beam, and the other to the other end.

Gill: Deu 21:23 - His body shall not remain all night upon the tree // but thou shalt in any wise bury him in 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

His body shall not remain all night upon the tree,.... Which is to be understood of any and everyone that was hanged, and not of the rebellious son only; of whom Josephus ^l says, that he was to be stoned by the multitude without the city, and having remained a whole day for a spectacle unto all, was to be buried at night; and indeed such a person was not to remain hanging on the tree any part of the night, but to be taken down at sun setting; so the Targum of Jonathan,"ye shall bury him at sun setting;''so says Maimonides ^m, they hang a man near the setting of the sun and loose him immediately, and if he continues they transgress a negative precept, "his body shall not remain", &c. yea, according to him and to the Misnah ⁿ, and which agrees with the practice of the Jews to this day, not only those that were put to death by the sanhedrim, but whoever suffered his dead to remain unburied a night transgressed a negative command, unless he kept him for his honour, to get for him a coffin and shroud:

but thou shalt in any wise bury him in that day: by all means, if possible; malefactors were not buried in the sepulchre of their fathers, but there were two burying places provided by the sanhedrim, one for those that were stoned and burnt, and another for those that were killed with the sword and strangled ^o; and even the instruments of their death were to be buried also, as Maimonides ^p relates, the tree on which he is hanged is buried with him, that there may be no remembrance of the evil, and they say, this is the tree on which such an one was hanged; and so the stone with which he is stoned, and the sword with which he is killed, and the napkin with which he is strangled, all are buried in the place where he is put to death, but not in the grave itself:

for he that is hanged is accursed of God: plainly appears to be so, having committed some foul sin which has brought the curse of God upon him, and which being hanged on a tree was a plain proof and declaration of; and therefore having hereby suffered the rigour of the law, the curse of it, his body was ordered to be taken down; for the words are not a reason of his being hanged, but a reason why being hanged, and so openly accursed, he should not remain hanging, but be taken down and buried: the meaning is not, as Onkelos gives it, that"because he sinned before the Lord he is hanged,''and particularly was guilty of blasphemy; which is given as the reason of his being hanged, and as the sense of this passage; on the mention of which it is said ^q,"it is as if he should say, wherefore is he hanged? because he cursed God, and the name of God was found profaned:''but though this, or any other capital crime, may be allowed to be the reason of the man's being hanged, and so apparently accursed; yet this is not the reason of his being loosed from thence, but his having bore the curse and satisfied the law: and hence this is applied to Christ by the apostle, in Gal 3:13 showing, that his hanging on the tree was an indication and proof of his being made sin and a curse for his people, or that he bore the curse of the law for their sins, and that the taking of him down from the tree, and burying him, signified the removing the curse from him and his people for whom he suffered; or that thereby he redeemed them from the curse of the law, as the apostle expresses it:

that thy land be not defiled, which the Lord thy God giveth thee for an inheritance: which is another reason for taking down the body from the tree and burying it, lest the land of Canaan, which the Lord had given them for an inheritance, and which was typical of the undefiled inheritance, 1Pe 1:4 should be polluted, both in a natural sense, through the putrefaction and corruption, and the disagreeable smell of a dead body, and in a ceremonial sense, as every carcass was defiling, if a person but entered where it was; and therefore a dead body was not to be left hanging openly in the air, and rotting there.