Chapter Twenty-One
Seeking Atonement for an Unsolved Murder
21:1 “If in the land that the LORD your God is giving you to possess someone is found slain, lying in the open country, and it is not known who killed him,
Once the people of Israel are living in the Promised Land and someone finds a body of a person who was slain (Hebrew ‘ḥā·lāl’,[1] a noun or adjective meaning pierced or mortally wounded, referring to a fatal injury of a person) by the hands of an unknown assailant, the people need to seek atonement for the land. In Numbers 35:34, Moses wrote, “You shall not pollute the land in which you live, for blood pollutes the land, and no atonement can be made for the land for the blood that is shed in it, except by the blood of the one who shed it.” In this scenario the murderer is unknown, but the land still needs to be atoned.
21:2 then your elders and your judges shall come out, and they shall measure the distance to the surrounding cities. 3 And the elders of the city that is nearest to the slain man shall take a heifer that has never been worked and that has not pulled in a yoke. 4 And the elders of that city shall bring the heifer down to a valley with running water, which is neither plowed nor sown, and shall break the heifer’s neck there in the valley. 5 Then the priests, the sons of Levi, shall come forward, for the LORD your God has chosen them to minister to him and to bless in the name of the LORD, and by their word every dispute and every assault shall be settled. 6 And all the elders of that city nearest to the slain man shall wash their hands over the heifer whose neck was broken in the valley, 7 and they shall testify, ‘Our hands did not shed this blood, nor did our eyes see it shed. 8 Accept atonement, O LORD, for your people Israel, whom you have redeemed, and do not set the guilt of innocent blood in the midst of your people Israel, so that their blood guilt be atoned for.’ 9 So you shall purge the guilt of innocent blood from your midst, when you do what is right in the sight of the LORD.
If found in the vicinity of several communities or cities, the elders and judges are to come out to where the body was found and determine the nearest city, and that city will be responsible for the atonement process. The elders and judges of that city are to first obtain a heifer (Hebrew ‘ěḡ·lǎṯ[2] bā·qār’,[3] a young cow from the herd) that never assisted in or had done any labor, and take it to a valley that has a river with water running (Hebrew ‘ě·ṯān’,[4] referring to something strong and permanent, perhaps a year-round river, not a seasonal run off) to a location on that river that has never been plowed or planted. At that spot they are to break the neck of the cow. Priests are to be present as they were chosen by God to handle matters of dispute and assault, they are there to witness the elders wash their hands over the heifer while stating they did not participate in or have any knowledge about the homicide, asking YHWH to accept the atonement for the people of Israel. In this way the “blood guilt” would be atoned for without the blood of the person who committed the murder, thus purging the guilt of innocent blood (from the killing of an innocent person) from the land. This process does not negate guilt or prevent punishment of the person who committed the murder if found later.
Marrying Women Captives
21:10 “When you go out to war against your enemies, and the LORD your God gives them into your hand and you take them captive, 11 and you see among the captives a beautiful woman, and you desire to take her to be your wife, 12 and you bring her home to your house, she shall shave her head and pare her nails. 13 And she shall take off the clothes in which she was captured and shall remain in your house and lament her father and her mother a full month. After that you may go in to her and be her husband, and she shall be your wife. 14 But if you no longer delight in her, you shall let her go where she wants. But you shall not sell her for money, nor shall you treat her as a slave, since you have humiliated her.
Since God required all that breathe to be killed within the boundaries of the Promised Land (see Deuteronomy 20:16-18), these regulations would not apply to those enemies. Later when they engage other enemies, they would be allowed to take captives (see Deuteronomy 20:10-15), if a man sees a beautiful woman and desires to marry her, he is to bring her to his home and she is to shave the hair off her head, trim her nails and discard her clothing. She is to remain in the house and mourn her father and mother for one month (considered the standard period of mourning, see Numbers 20:29; Deuteronomy 34:8), as she will probably will not see them again (some believe that this refers to their death, however, the text does not support that supposition). At the conclusion of the thirty days the man can have a sexual relationship with her, and she can be his wife. If for whatever reason the man no longer wants her as his wife, he is to set her free and let her go wherever she wishes, without selling her or treating her like a slave, as he had humiliated her (Hebrew ‘in·nîṯ’,[5] afflicted, oppressed, made humble).[6]
Considerations
There is no mention in the text regarding the need for the women that were brought home for marriage to convert to Judaism, learn the law, or even believe in God. However, since God’s regulations restricted the access to the “Assembly of YHWH” (see Deuteronomy 23:1-9, which forbid children of a forbidden union, any Ammonite or any Moabite) along with the concern for any crossover in rituals and beliefs (see Deuteronomy 12:29-32), it was later thought that a conversion was necessary prior to marriage (see Ezra 9:1-15; Nehemiah 9:2; 10:28-31).
One of the reasons why Ezra, Nehemiah, and their associates demanded the dissolution of intermarriages is that they saw no other way to comply with the law as they understood it. So far as is known, there was as yet no formal procedure for converting foreigners to Judaism. In preexilic times, foreigners became Israelites only by the informal, generations long process of ethnic assimilation that resulted from living in the land of Israel or marrying Israelites, which no source other than Deuteronomy prohibited (except with regard to Canaanites). Ezra, Nehemiah, and their associates knew of no way by which they could have speeded up the process if they had wished to. There is evidence that some of their contemporaries felt that foreigners could be accepted. In Babylonia, there were foreigners who “attached themselves to the LORD” and served Him, and the prophet of the exile assured them of acceptance. Eventually, this attitude prevailed and procedures for religious conversion were created.[7]
Even though this procedure allowed the men of Israel to marry an ‘outsider’, it is often thought of being more a deterrent than an encouragement. The negative factors include the woman needing to change her appearance, a one-month delay and no potential income if he wanted to sell her as a slave or servant.
Inheritance Rights of the Firstborn
21:15 “If a man has two wives, the one loved and the other unloved, and both the loved and the unloved have borne him children, and if the firstborn son belongs to the unloved, 16 then on the day when he assigns his possessions as an inheritance to his sons, he may not treat the son of the loved as the firstborn in preference to the son of the unloved, who is the firstborn, 17 but he shall acknowledge the firstborn, the son of the unloved, by giving him a double portion of all that he has, for he is the firstfruits of his strength. The right of the firstborn is his.
This passage gives insight on two concepts, the first referring to the rightful place of the firstborn son regardless of who the mother is and secondly that a double portion of the inheritance is to be given to the firstborn.[8] The words translated here as ‘unloved’ are the Hebrew words ‘śenû·’ā(h)’[9] and ‘śenî·’ā(h)’,[10] although both refer to being hated, essentially the opposite of love, the connotation does not necessarily mean extreme hate or one that is despised. Nonetheless, the lack of love of one wife is not an excuse to transfer the birthright to the son of a wife that is loved. The firstborn is the firstfruits (Hebrew ‘rē(’)·šîṯ’,[11] the beginning, the best, the chief, etc.) of the father’s strength (Hebrew ‘ōn’,[12] power, physical strength, manhood, etc.), “He is the first son of his father’s virility, and the rights of the firstborn belong to him.” (verse 17b, NLT)
Stubborn and Rebellious Sons
21:18 “If a man has a stubborn and rebellious son who will not obey the voice of his father or the voice of his mother, and, though they discipline him, will not listen to them, 19 then his father and his mother shall take hold of him and bring him out to the elders of his city at the gate of the place where he lives, 20 and they shall say to 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.’ 21 Then all the men of the city shall stone him to death with stones. So you shall purge the evil from your midst, and all Israel shall hear, and fear.
Obedience is more than just a reoccurring theme in the Bible, it establishes the relationship between God and mankind and creates the framework for a functional and God-fearing family. Parental authority was clarified in the Ten Commandments, by requiring giving them honor (see Exodus 20:12) and later with regulations against striking either parent (see Exodus 21:15) or cursing them (see Exodus 21:17; Leviticus 20:9), both of which required capital punishment. Now Moses further clarifies this authority by adding insubordination to the list. If a child does not obey their parents, after being disciplined, they are to bring them before the elders of the city and announce to them, “This son of ours is stubborn and rebellious and refuses to obey. He is a glutton and a drunkard.” The word translated here as ‘glutton’, is the Hebrew word ‘zǒ·lēl’,[13] appearing here for the first time in Scripture, the word can also be translated as vile, frivolous, worthless, or despised. In response to the parent’s proclamation the men of the city are to stone the child to death, resulting in purging the evil (Hebrew ‘rā’,[14] typically referring to being ‘bad’ in a moral or ethical sense) from their midst, while the people of Israel are to hear and take note, so that the fear of the severe punishment will prevent others from doing the same.
A Dead Man on a Tree is Cursed
21:22 “And if a man has committed a crime punishable by death and he is put to death, and you hang him on a tree, 23 his body shall not remain all night on the tree, but you shall bury him the same day, for a hanged man is cursed by God. You shall not defile your land that the LORD your God is giving you for an inheritance.
If a criminal is executed for their crime and is hung on a tree (or wooden object) for all to see,[15] the body is not to remain on that tree overnight, it is to be buried on the same day. The exposure to predators is often considered a grievous curse (see Genesis 40:19), however this poses a greater offense to God as the dead man will defile the land (see Numbers 35:33-34). The Hebrew word ‘qil·lǎṯ’,[16] translated here as ‘curse’, can refer to speaking ill-will against another, a pronouncement of a curse to another, or refer to the absence or opposite of a blessing.
Many interpret the need for immediate burial as a form of respect for the body, being made in the image of God, that even the body of a criminal should not be mistreated or disrespected. This passage is often referenced by rabbis and other Jewish leaders to justify the need for a quick burial.
Jewish tradition insists on prompt burial as a matter of respect for the dead (kavod ha-met). The Bible recounts that Sarah (Gen. 23) and Rachel (Gen. 35:19) were buried promptly. This token of respect was even extended to the body of a man who had been hanged; rather than permit the corpse to remain on the tree all night, “you … must bury him the same day” (Deut. 21:23). A corpse found unattended (met mitzvah) had to be buried promptly, even by the Kohen Gadol who was otherwise forbidden to become ritually unclean through contact with the dead. Therefore, Jewish law generally requires that burial take place within 24 hours after death. However, proper “honor of the dead”—to allow for preparation of a coffin, for shrouds to be made, and to await the arrival of close relatives—may justify some delay, but never for more than three days. Certain delays are unavoidable, because funerals may not take place on the Sabbath, on Yom Kippur, or in many communities, on the first day of festivals.[17]
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[1] Strong’s Hebrew 2491.
[2] Strong’s Hebrew 5697.
[3] Strong’s Hebrew 1241.
[4] Strong’s Hebrew 386.
[5] Strong’s Hebrew 6031.
[6] See commentary under Genesis 34:1-4; Leviticus 16:29-34; 23:26-32; Numbers 29:7-11.
[7] Tigay, J. H. (1996). Deuteronomy (p. 479). Philadelphia: Jewish Publication Society.
[8] See Considerations under Genesis 25:27-34.
[9] Strong’s Hebrew 8130.
[10] Strong’s Hebrew 8146.
[11] Strong’s Hebrew 7225.
[12] Strong’s Hebrew 202.
[13] Strong’s Hebrew 2151.
[14] Strong’s Hebrew 7451.
[15] See Considerations under Genesis 40:20-23.
[16] Strong’s Hebrew 7045.
[17] Eisenberg, R. L. (2004). The JPS guide to Jewish traditions (1st ed., p. 84). Philadelphia: The Jewish Publication Society.