Deuteronomy 21-23

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

By this law a soldier was allowed to marry his captive, if he pleased. This might take place upon some occasions; but the law does not show any approval of it. It also intimates how binding the laws of justice and honour are in marriage; which is a sacred engagement.

This law restrains men from disinheriting their eldest sons without just cause. The principle in this case as to children, is still binding to parents; they must give children their right without partiality.

Observe how the criminal is here described. He is a stubborn and rebellious son. No child was to fare the worse for weakness of capacity, slowness, or dulness, but for wilfulness and obstinacy. Nothing draws men into all manner of wickedness, and hardens them in it more certainly and fatally, than drunkenness. When men take to drinking, they forget the law of honouring parents. His own father and mother must complain of him to the elders of the city. Children who forget their duty, must thank themselves, and not blame their parents, if they are regarded with less and less affection. He must be publicly stoned to death by the men of his city. Disobedience to a parent's authority must be very evil, when such a punishment was ordered; nor is it less provoking to God now, though it escapes punishment in this world. But when young people early become slaves to sensual appetites, the heart soon grows hard, and the conscience callous; and we can expect nothing but rebellion and destruction.

By the law of Moses, the touch of a dead body was defiling, therefore dead bodies must not be left hanging, as that would defile the land. There is one reason here which has reference to Christ; "He that is hanged is accursed of God;" that is, it is the highest degree of disgrace and reproach. Those who see a man thus hanging between heaven and earth, will conclude him abandoned of both, and unworthy of either. Moses, by the Spirit, uses this phrase of being accursed of God, when he means no more than being treated most disgracefully, that it might afterward be applied to the death of Christ, and might show that in it he underwent the curse of the law for us; which proves his love, and encourages to faith in him.

If we duly regard the golden rule of "doing to others as we would they should do unto us," many particular precepts might be omitted. We can have no property in any thing that we find. Religion teaches us to be neighbourly, and to be ready to do all good offices to all men. We know not how soon we may have occasion for help.

God's providence extends itself to the smallest affairs, and his precepts do so, that even in them we may be in the fear of the Lord, as we are under his eye and care. Yet the tendency of these laws, which seem little, is such, that being found among the things of God's law, they are to be accounted great things. If we would prove ourselves to be God's people, we must have respect to his will and to his glory, and not to the vain fashions of the world. Even in putting on our garments, as in eating or in drinking, all must be done with a serious regard to preserve our own and others' purity in heart and actions. Our eye should be single, our heart simple, and our behaviour all of a piece.

These and the like regulations might be needful then, and yet it is not necessary that we should curiously examine respecting them. The laws relate to the seventh commandment, laying a restraint upon fleshly lusts which war against the soul.

We ought to value the privileges of God's people, both for ourselves and for our children, above all other advantages. No personal blemishes, no crimes of our forefathers, no difference of nation, shuts us out under the Christian dispensation. But an unsound heart will deprive us of blessings; and a bad example, or an unsuitable marriage, may shut our children from them.

The camp of the Lord must have nothing offensive in it. If there must be this care taken to preserve the body clean, much more should we be careful to keep the mind pure.

It is honourable to shelter and protect the weak, provided they are not wicked. Proselytes and converts to the truth, should be treated with particular tenderness, that they may have no temptation to return to the world. We cannot honour God with our substance, unless it be honestly and honourably come by. It must not only be considered what we give, but how we got it. Where the borrower gets, or hopes to get, it is just that the lender should share the gain; but to him that borrows for necessary food, pity must be showed. That which is gone out of thy lips, as a solemn and deliberate vow, must not be recalled, but thou shalt keep and perform it punctually and fully. They were allowed to pluck and eat of the corn or grapes that grew by the road side; only they must not carry any away. This law intimated what great plenty of corn and wine they should have in Canaan. It provided for the support of poor travellers, and teaches us to be kind to such, teaches us to be ready to distribute, and not to think every thing lost that is given away. Yet it forbids us to abuse the kindness of friends, or to take advantage of what is allowed. Faithfulness to their engagements should mark the people of God; and they should never encroach upon others.

1-6. If one be found slain ... lying in the field, and it be not known who hath slain him--The ceremonies here ordained to be observed on the discovery of a slaughtered corpse show the ideas of sanctity which the Mosaic law sought to associate with human blood, the horror which murder inspired, as well as the fears that were felt lest God should avenge it on the country at large, and the pollution which the land was supposed to contract from the effusion of innocent, unexpiated blood. According to Jewish writers, the Sanhedrin, taking charge of such a case, sent a deputation to examine the neighborhood. They reported to the nearest town to the spot where the body was found. An order was then issued by their supreme authority to the elders or magistrates of that town, to provide the heifer at the civic expense and go through the appointed ceremonial. The engagement of the public authorities in the work of expiation, the purchase of the victim heifer, the conducting it to a "rough valley" which might be at a considerable distance, and which, as the original implies, was a wady, a perennial stream, in the waters of which the polluting blood would be wiped away from the land, and a desert withal, incapable of cultivation; the washing of the hands, which was an ancient act symbolical of innocence--the whole of the ceremonial was calculated to make a deep impression on the Jewish, as well as on the Oriental, mind generally; to stimulate the activity of the magistrates in the discharge of their official duties; to lead to the discovery of the criminal, and the repression of crime.

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. 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. 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 [Le 24:23]; for parents are considered God's representatives and invested with a portion of his authority over their children.

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.

Thou shalt not see thy brother's ox or his sheep go astray, and hide thyself from them, &c.--"Brother" is a term of extensive application, comprehending persons of every description; not a relative, neighbor, or fellow countryman only, but any human being, known or unknown, a foreigner, and even an enemy (Ex 23:4). The duty inculcated is an act of common justice and charity, which, while it was taught by the law of nature, was more clearly and forcibly enjoined in the law delivered by God to His people. Indifference or dissimulation in the circumstances supposed would not only be cruelty to the dumb animals, but a violation of the common rights of humanity; and therefore the dictates of natural feeling, and still more the authority of the divine law, enjoined that the lost or missing property of another should be taken care of by the finder, till a proper opportunity occurred of restoring it to the owner.

The woman shall not wear that which pertaineth unto a man, neither shall a man put on a woman's garment--Though disguises were assumed at certain times in heathen temples, it is probable that a reference was made to unbecoming levities practised in common life. They were properly forbidden; for the adoption of the habiliments of the one sex by the other is an outrage on decency, obliterates the distinctions of nature by fostering softness and effeminacy in the man, impudence and boldness in the woman as well as levity and hypocrisy in both; and, in short, it opens the door to an influx of so many evils that all who wear the dress of another sex are pronounced "an abomination unto the Lord."

If a bird's nest chance to be before thee--This is a beautiful instance of the humanizing spirit of the Mosaic law, in checking a tendency to wanton destructiveness and encouraging a spirit of kind and compassionate tenderness to the tiniest creatures. But there was wisdom as well as humanity in the precept; for, as birds are well known to serve important uses in the economy of nature, the extirpation of a species, whether of edible or ravenous birds, must in any country be productive of serious evils. But Palestine, in particular, was situated in a climate which produced poisonous snakes and scorpions; and the deserts and mountains would have been overrun with them as well as immense swarms of flies, locusts, mice, and vermin of various kinds if the birds which fed upon them were extirpated [Michaelis]. Accordingly, the counsel given in this passage was wise as well as humane, to leave the hen undisturbed for the propagation of the species, while the taking of the brood occasionally was permitted as a check to too rapid an increase.

thou shalt make a battlement for thy roof, that thou bring not blood upon thine house, if any man fall from thence--The tops of houses in ancient Judea, as in the East still, were flat, being composed of branches or twigs laid across large beams, and covered with a cement of clay or strong plaster. They were surrounded by a parapet breast high. In summer the roof is a favorite resort for coolness, and accidents would frequently happen from persons incautiously approaching the edge and falling into the street or court; hence it was a wise and prudent precaution in the Jewish legislator to provide that a stone balustrade or timber railing round the roof should form an essential part of every new house.

Thou shalt not sow thy vineyard with divers seeds--(See on Le 19:19).

Thou shalt not plough with an ox and an ass together--Whether this association, like the mixture of seeds, had been dictated by superstitious motives and the prohibition was symbolical, designed to teach a moral lesson (2Co 6:14), may or may not have been the case. But the prohibition prevented a great inhumanity still occasionally practised by the poorer sort in Oriental countries. An ox and ass, being of different species and of very different characters, cannot associate comfortably, nor unite cheerfully in drawing a plough or a wagon. The ass being much smaller and his step shorter, there would be an unequal and irregular draft. Besides, the ass, from feeding on coarse and poisonous weeds, has a fetid breath, which its yoke fellow seeks to avoid, not only as poisonous and offensive, but producing leanness, or, if long continued, death; and hence, it has been observed always to hold away its head from the ass and to pull only with one shoulder.

thou shalt not wear a garment of divers sorts--The essence of the crime (Zep 1:8) consisted, not in wearing a woollen and a linen robe, but in the two stuffs being woven together, according to a favorite superstition of ancient idolaters (see on Le 19:19).

thou shalt make thee fringes upon the four quarters--or, according to some eminent biblical interpreters, tassels on the coverlet of the bed. The precept is not the same as Nu 15:38. 13-30. If a man take a wife, &c.--The regulations that follow might be imperatively needful in the then situation of the Israelites; and yet, it is not necessary that we should curiously and impertinently inquire into them. So far was it from being unworthy of God to leave such things upon record, that the enactments must heighten our admiration of His wisdom and goodness in the management of a people so perverse and so given to irregular passions. Nor is it a better argument that the Scriptures were not written by inspiration of God to object that this passage, and others of a like nature, tend to corrupt the imagination and will be abused by evil-disposed readers, than it is to say that the sun was not created by God, because its light may be abused by wicked men as an assistant in committing crimes which they have meditated [Horne].

1-3. He that is wounded ..., shall not enter into the congregation of the Lord--"To enter into the congregation of the Lord" means either admission to public honors and offices in the Church and State of Israel, or, in the case of foreigners, incorporation with that nation by marriage. The rule was that strangers and foreigners, for fear of friendship or marriage connections with them leading the people into idolatry, were not admissible till their conversion to the Jewish faith. But this passage describes certain limitations of the general rule. The following parties were excluded from the full rights and privileges of citizenship: (1) Eunuchs--It was a very ancient practice for parents in the East by various arts to mutilate their children, with a view to training them for service in the houses of the great. (2) Bastards--Such an indelible stigma in both these instances was designed as a discouragement to practices that were disgraceful, but too common from intercourse with foreigners. (3) Ammonites and Moabites--Without provocation they had combined to engage a soothsayer to curse the Israelites; and had further endeavored, by ensnaring them into the guilt and licentious abominations of idolatry, to seduce them from their allegiance to God.

even to the their tenth generation shall they not enter--Many eminent writers think that this law of exclusion was applicable only to males; at all events that a definite is used for an indefinite number (Ne 13:1; Ru 4:10; 2Ki 10:2). Many of the Israelites being established on the east side of Jordan in the immediate neighborhood of those people, God raised this partition wall between them to prevent the consequences of evil communications. More favor was to be shown to Edomites and Egyptians--to the former from their near relationship to Israel; and to the latter, from their early hospitalities to the family of Jacob, as well as the many acts of kindness rendered them by private Egyptians at the Exodus (Ex 12:36). The grandchildren of Edomite or Egyptian proselytes were declared admissible to the full rights of citizenship as native Israelites; and by this remarkable provision, God taught His people a practical lesson of generosity and gratitude for special deeds of kindness, to the forgetfulness of all the persecution and ill services sustained from those two nations. 9-14. When the host goeth forth against thine enemies, then keep thee from every wicked thing--from the excesses incident to camp life, as well as from habits of personal neglect and impurity.

Thou shalt not deliver unto his master the servant which has escaped from his master unto thee--evidently a servant of the Canaanites or some of the neighboring people, who was driven by tyrannical oppression, or induced, with a view of embracing the true religion, to take refuge in Israel.

Thou shalt not lend upon usury to thy brother ... Unto a stranger thou mayest lend upon usury--The Israelites lived in a simple state of society, and hence they were encouraged to lend to each other in a friendly way without any hope of gain. But the case was different with foreigners, who, engaged in trade and commerce, borrowed to enlarge their capital, and might reasonably be expected to pay interest on their loans. Besides, the distinction was admirably conducive to keeping the Israelites separate from the rest of the world.

When thou shalt vow a vow--(See on Nu 30:2).

When thou comest into thy neighbour's vineyard, then thou mayest eat grapes thy fill at thine own pleasure--Vineyards, like cornfields mentioned in the next verse [De 23:25], were often unenclosed. In vine-growing countries grapes are amazingly cheap; and we need not wonder, therefore, that all within reach of a person's arm, was free; the quantity plucked was a loss never felt by the proprietor, and it was a kindly privilege afforded to the poor and wayfaring man.