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Joel Kell

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Deuteronomy 21

Introduction

Deut. 21 How to expiate an uncertain murder, Deut. 21:1–19. The usage of a captive taken to wife, Deut. 21:10–14. The first born, though the son of the hated, is not to be disinherited, Deut. 21:15–17. The punishment of a stubborn son, viz. death, Deut. 21:18–21.

Verse 1

In the field, or, in the city, or any place, only the field is named, as the place where such murders are most commonly committed, and most easily concealed.

Verse 2

Thy elders and thy judges; those of thy elders who are judges; for the latter word explains and restrains the former, the judges or rulers of all the neighbouring cities, who were all concerned in this inquiry.

Verse 3

A fit vicegerent and representative of the murderer, in whose stead it was killed, who by this act hath shown himself to be a son of Belial, who would not bear the yoke of God’s law. A type also of Christ, who was obliged to no work, and under no yoke, but what he had voluntarily taken upon himself.

Verse 4

Neither eared nor sown; partly to represent the hard and unprofitable and untutored heart of the murderer; and partly that such a desert and horrid place might beget a horror of murder and of the murderer.

Verse 5

The priests shall come near, both to direct them in all the circumstances of action and to see that the law was observed, and to bless them in God’s name, by praying for them, and absolving or pronouncing them guiltless in this matter.

Verse 6

In testimony of their innocency. See Poole “Matt. 27:24”.

Verse 7

They shall answer, to wit, to the priests who shall examine them and determine this controversy. This blood; this about which the present inquiry is made; or this which is here present; for it is thought the corpse of the slain man was brought into the same place where the heifer was slain.

Verse 8

i.e. Not imputed to them, nor punished in them; for God is sometimes said to forgive when he doth not punish, as Ps. 78:38. Besides, though there was no mortal guilt in this people, yet there was a ceremonial uncleanness in the land, which was to be expiated and forgiven.

Verse 10

Thine enemies, of other nations, but not of the Canaanites, for they might not spare their women, and much less marry them, Ex. 34:16, Deut. 7:3.

Verse 11

Hast a desire unto her; or, hast cleaved to her, to wit, in love; or, hast taken delight in her; which may be a modest expression for lying with her, and seems probable, because it is said, Deut.

Verse 12

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.

Verse 13

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.

Verse 14

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.

Verse 15

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, Matt. 6:24, Luke 14:26.

Verse 16

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, Gen. 16:12, Gen. 25:18.

Verse 17

Acknowledge, i.e. make it appear that he owns him. Double portion; for the phrase, see 2 Kings 2:9, Zech. 13:8; and for the thing, see Gen. 25:31, 1 Chron. 5:1. The beginning of his strength, i.e. the first evidence of his manly strength and ability for procreation.

Verse 19

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…

Verse 20

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.

Verse 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,…

Verse 22

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

Verse 23

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…