This chapter treats of the beheading of the heifer, for the expiation of unknown murder, and the rules to be observed in it, Deut. 21:1–9 of a beautiful captive woman an Israelite is desirous of having for his wife, and what methods he must take to accomplish it, Deut.

If one be found slain After public war with an enemy, Moses proceeds to speak of a private quarrel and fight of one man with another, in which one is slain, as Aben Ezra observes: in the land which the Lord thy God giveth thee to possess it; where murders might be committed more secretly, and…

Then thy elders and thy judges shall come forth From the city or cities near to which the murder was committed, to make inquiry about it, and expiation for it; so Aben Ezra interprets it of the elders of the cities near, but others understand it of the elders of the great sanhedrim at Jerusalem; so…

And it shall be, that the city which is next unto the slain man And so suspected, as the Targum of Jonathan, of the murder; or the murderer is in it, or however belonged to it: even the elders of the city shall take an heifer; of a year old, as the same Targum, and so Jarchi; and in this the Jewish…

The elders of that city shall bring down the heifer unto a rough valley Cities being generally built on hills, and so had adjacent valleys, to which there was a descent; but here a rough valley, or the rougher part of it, was selected for this purpose.

And the priests the sons of Levi shall come near Who were clearly of the tribe of Levi, as Aben Ezra notes; about whom there could be no dispute; for it seems there sometimes were persons in that office, of whom there was some doubt at least whether they were of that tribe; these seem to be such…

And all the elders of that city that are next unto the slain man The whole court of judicature belonging to it, all the magistracy of it; even though there were an hundred of them, Maimonides shall wash their hands over the heifer that is beheaded in the valley: in token of their innocence, and…

And they shall answer and say The elders of the city, at the time of the washing of their hands: our hands have not shed this blood; have been no ways concerned in it, nor accessory to it: the Targum of Jonathan is, “it is manifest before the Lord that he did not come into our hands, nor did we…

Be merciful, O Lord, to thy people Israel, whom thou hast redeemed Out of Egyptian bondage, and claimed as his own; and therefore it is requested he would be favourable to them, and show them mercy, and not punish them for a sin they were entirely ignorant of, though done by some one among them,…

So shalt thou put away the guilt of innocent blood from among you Which otherwise, the person not being found out, and brought to just punishment for it, would devolve upon the whole.

When thou goest forth to war against thine enemies This refers to an arbitrary war, as Jarchi remarks, which they entered into of themselves, of choice, or through being provoked to it by their enemies; and not a war commanded by the Lord, as that against the seven nations of Canaan, and against…

And seest among the captives a beautiful woman Whether a virgin, wife, or widow, according to the Jewish writers, even though another man’s wife; so Jarchi [[2]], and Maimonides [[3]]; the marriages of Gentiles being reckoned by the Jews no marriages: and hast a desire unto her; being captivated…

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 [[4]] interprets it; who observes, that when a man’s lust so rages that he…

And she shall put the raiment of her captivity from off her, &c.] 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…

And it shall be, if thou have no delight in her; &c.] 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…

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…

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 , that he may not make the son of the beloved…

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…

If a man have a stubborn and rebellious son It is observed [[21]] 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…

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 [[23]]) the father is willing (to bring him to justice), and the mother not willing, if his father is…

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…

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”,…

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…

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 [[10]] says, that he was to be stoned by the multitude without the city, and having remained a whole day for a spectacle unto all,…