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Law concerning Murder by Persons Unknown

21

If, in the land that the L ord your God is giving you to possess, a body is found lying in open country, and it is not known who struck the person down, 2then your elders and your judges shall come out to measure the distances to the towns that are near the body. 3The elders of the town nearest the body shall take a heifer that has never been worked, one that has not pulled in the yoke; 4the elders of that town shall bring the heifer down to a wadi with running water, which is neither plowed nor sown, and shall break the heifer’s neck there in the wadi. 5Then the priests, the sons of Levi, shall come forward, for the L ord your God has chosen them to minister to him and to pronounce blessings in the name of the L ord, and by their decision all cases of dispute and assault shall be settled. 6All the elders of that town nearest the body shall wash their hands over the heifer whose neck was broken in the wadi, 7and they shall declare: “Our hands did not shed this blood, nor were we witnesses to it. 8Absolve, O L ord, your people Israel, whom you redeemed; do not let the guilt of innocent blood remain in the midst of your people Israel.” Then they will be absolved of bloodguilt. 9So you shall purge the guilt of innocent blood from your midst, because you must do what is right in the sight of the L ord.

Female Captives

10 When you go out to war against your enemies, and the L ord your God hands them over to you and you take them captive, 11suppose you see among the captives a beautiful woman whom you desire and want to marry, 12and so you bring her home to your house: she shall shave her head, pare her nails, 13discard her captive’s garb, and shall remain in your house a full month, mourning for her father and mother; after that you may go in to her and be her husband, and she shall be your wife. 14But if you are not satisfied with her, you shall let her go free and not sell her for money. You must not treat her as a slave, since you have dishonored her.

The Right of the Firstborn

15 If a man has two wives, one of them loved and the other disliked, and if both the loved and the disliked have borne him sons, the firstborn being the son of the one who is disliked, 16then on the day when he wills his possessions to his sons, he is not permitted to treat the son of the loved as the firstborn in preference to the son of the disliked, who is the firstborn. 17He must acknowledge as firstborn the son of the one who is disliked, giving him a double portion of all that he has; since he is the first issue of his virility, the right of the firstborn is his.

Rebellious Children

18 If someone has a stubborn and rebellious son who will not obey his father and mother, who does not heed them when they discipline him, 19then his father and his mother shall take hold of him and bring him out to the elders of his town at the gate of that place. 20They shall say to the elders of his town, “This son of ours is stubborn and rebellious. He will not obey us. He is a glutton and a drunkard.” 21Then all the men of the town shall stone him to death. So you shall purge the evil from your midst; and all Israel will hear, and be afraid.

Miscellaneous Laws

22 When someone is convicted of a crime punishable by death and is executed, and you hang him on a tree, 23his corpse must not remain all night upon the tree; you shall bury him that same day, for anyone hung on a tree is under God’s curse. You must not defile the land that the L ord your God is giving you for possession.


10. When thou goest forth to war. The same thing is now commanded respecting wives as above respecting meats. As regarded the Canaanites, who were destined and devoted to destruction, we have seen that the Israelites were prohibited from taking their women to wife, lest this connection should be an enticement to sin; but Moses now goes further, viz., that the Israelites, having obtained a victory over other nations, should not marry any of the captive women, unless purified by a solemn rite. This, then, is the sum, that the Israelites should not defile themselves by profane marriages, but in this point also should keep themselves pure and uncorrupt, because they were separated from other people, to be the peculiar people of God. It was better, indeed, that they should altogether abstain from such marriages; yet it was difficult so to restrain their lust as that they should not decline from chastity in the least, degree; and hence we learn how much license conquerors allow themselves in war, so that there is no room for perfect purity in them. Wherefore God so tempers His indulgence as that the Israelites, remembering the adoption wherewith He had honored them, should not disgrace themselves, but in the very fervor of their lust should retain some religious affection. But the question here is not of unlawful ravishment, but Moses only speaks of women who have been made captives by the right of war, for we know that conquerors have abused them with impunity, because they had them under their power and dominion. But since many are led astray by the blandishments of their wives, God applies a remedy, viz., that the abjuration of their former life should precede their marriage; and that none should be allowed to marry a foreign wife until she shall have first renounced her own nation. To this refers the ceremony, that the woman should shave her head, and cut her nails, and change her garments, and lament her father and her family for an entire month, viz., that she may renounce her former life, and pass over to another people. Some of the rabbins twist the words to a different meaning, as if God would extinguish love in the minds of the husbands by disfiguring the women; for the shaving of the head greatly detracts from female beauty and elegance; and “to make the nails,” for so the words literally mean, they understand as to let them grow; and the prolongation of the nails has a disgusting appearance. But their gloss is refuted by the context, in which she is commanded to put off the raiment of her captivity.: But I have no doubt but that their month of mourning, their shaven head, and the other signs, are intended by God for their renewal, so that they may accustom themselves to different habits. And with the same object they are commanded to bewail their parents as if dead, that they may bid farewell to their own people. To this the Prophet seems to allude in Psalm 45:10, when he says, “Hearken, O daughter, and consider, and incline thine ear; forget also thine own people, and thy father’s house;” for he intimates that otherwise the marriage of a foreign woman with Solomon would not be pure and legitimate, unless she should relinquish her superstitions, and devote herself to God’s service. Nor was it needless that God should require the Israelites diligently to beware lest they should take wives as yet aliens from the study of true religion, since experience most abundantly shows how fatal a snare it is. But although we are not now bound to this observance, yet the rule still holds good that men should not rashly ally themselves with women still devoted to wicked superstitions. 5151     Addition in Fr., “Pour s’envelopper en leur impiete."


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