Deuteronomy 21:22

e shall not be disinherited by the son of the beloved wife, but shall have a double portion of all his father's goods, Deu 21:15-18 . The law concerning the stubborn and rebellious son, who, when convicted, is to be stoned to death, Deu 21:19-21 . Of the person who is to be hanged, Deu 21:22 . His body shall not be left on the tree all night; every one that is hanged on a tree is accursed of God, Deu 21:23 . Verse 4 Shall bring down the heifer unto a rough valley - נחל איתן nachal eythan might be translated a rapid stream, probably passing through a piece of uncultivated ground where the elders of the city were to strike off the head of the heifer, and to wash their hands over her in token of their innocence. The spot of ground on which this sacrifice was made must be uncultivated, because it was considered to be a sacrifice to make atonement for the murder, and consequently would pollute the land. This regulation was calculated to keep murder in abhorrence, and to make the magistrates alert in their office, that delinquents might be discovered and punished, and thus public expense saved. Verse 6 Shall wash their hands over the heifer - Washing the hands, in reference to such a subject as this, was a rite anciently used to signify that the persons thus washing were innocent of the crime in question. It was probably from the Jews that Pilate learned this symbolical method of expressing his innocence. Verse 11 And seest - a beautiful woman - No forcible possession was allowed even in this case, when the woman was taken in war, and was, by the general consent of ancient nations, adjudged as a part of the spoils. The person to whose lot or share such a woman as is here described fell, might, if he chose, have her for a wife on certain conditions; but he was not permitted to use her under any inferior character. Verse 12 She shall shave her head - This was in token of her renouncing her religion, and becoming a proselyte to that of the Jews. This is still a custom in the East; when a Christian turns Mohammedan his head is shaven, and he is carried through the city crying, la alahila allah we Mohammed resooli Allah; "There is no God but God, and Mohammed is the prophet of God." Pare her nails - ועשתה את צפרניה veasethah eth tsipporneyha, "she shall make her nails." Now whether this signifies paring or letting them grow, is greatly doubted among learned men. Possibly it means neither, but colouring the nails, staining them red with the hennah, which is much practiced in India to the present day, and which was undoubtedly practiced among the ancient Egyptians, as is evident from the nails of mummies which are found thus stained. The hennah, according to Hasselquist, grows in India, and in Upper and Lower Egypt; it flowers from May to August. The manner of using it is this: the leaves are powdered, and made into a paste with water: they bind this paste on the nails of their fingers and toes, and let it stand on all night; in the morning they are found to be of a beautiful reddish yellow, and this lasts three weeks or a month, after which they renew the application. They often stain the palms of their hands and the soles of their feet in the same way, as appears from many paintings of eastern ladies done in India and Persia, which now lie before me. This staining the soles of the feet with the hennah is probably meant in 2Sam 19:24 : Mephibosheth had not dressed (literally made) his feet - they had not been thus coloured. Verse 15 One beloved, and another hated - That is, one loved less than the other. This is the true notion of the word hate in Scripture. So Jacob Hated Leah, that is, he loved her less than he did Rachel; and Jacob have I loved, but Esau have I Hated, that is, I have shown a more particular affection to the posterity of Jacob than I have to the posterity of Esau. See the note on Gen 29:31 . From this verse we see that polygamy did exist under the Mosaic laws, and that it was put under certain regulations; but it was not enjoined, Moses merely suffered it, because of the hardness of their hearts, as our Lord justly remarks Mat 19:8 . Verse 18 The stubborn, rebellious, gluttonous, and drunken son is to be stoned to death - This law, severe as it may seem, must have acted as a powerful preventive of crime. If such a law were in force now, and duly executed, how many deaths of disobedient and profligate children would there be in all corners of the land! Verse 23 His body shall not remain all night upon the tree - Its exposure for the space of one day was judged sufficient. The law which required this answered all the ends of public justice, exposed the shame and infamy of the conduct, but did not put to torture the feelings of humanity by requiring a perpetual exhibition of a human being, a slow prey to the most loathsome process of putrefaction. Did ever the spiking of the heads of state criminals prevent high treason? or the gibbeting of a thief or a murderer, prevent either murder or robbery? These questions may be safely answered in the negative; and the remains of the ancient barbarism which requires these disgusting and abominable exhibitions, and which are deplored by every feeling heart, should be banished with all possible speed. In the case given in the text, God considers the land as defiled while the body of the executed criminal lay exposed, hence it was enjoined, Thou shalt in any wise bury him that day. For he that is hanged is accursed of God - That is, he has forfeited his life to the law; for it is written, Cursed is every one who continueth not in all things that are written in the book of the law to do them; and on his body, in the execution of the sentence of the law, the curse was considered as alighting; hence the necessity of removing the accursed thing out of sight. How excellent are all these laws! How wondrously well calculated to repress crimes by showing the enormity of sin! It is worthy of remark that in the infliction of punishment prescribed by the Mosaic law, we ever find that Mercy walks hand in hand with Judgment. Introduction Ordinances relative to strayed cattle and lost goods, Deu 22:1-3 . Humanity to oppressed cattle, Deu 22:4 . Men and women shall not wear each other's apparel, Deu 22:5 . No bird shall be taken with her nest of eggs or young ones, Deu 22:6 , Deu 22:7 . Battlements must be made on the ro

b. c. 1451.) 18 If a man have a stubborn and rebellious son, which will not obey the voice of his father, or the voice of his mother, and that, when they have chastened him, will not hearken unto them: 19 Then shall his father and his mother lay hold on him, and bring him out unto the elders of his city, and unto the gate of his place; 20 And they shall say unto 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 And all the men of his city shall stone him with stones, that he die: so shalt thou put evil away from among you; and all Israel shall hear, and fear. 22 And if a man have committed a sin worthy of death, and he be to be put to death, and thou hang him on a tree: 23 His body shall not remain all night upon the tree, but thou shalt in any wise bury him that day; (for he that is hanged is accursed of God;) that thy land be not defiled, which the Lord thy God giveth thee for an inheritance. Here is, I. A law for the punishing of a rebellious son. Having in the former law provided that parents should not deprive their children of their right, it was fit that it should next be provided that children withdraw not the honour and duty which are owing to their parents, for there is no partiality in the divine law. Observe, 1. How the criminal is here described. He is a stubborn and rebellious son, v. 18 . No child was to fare the worse for the weakness of his capacity, the slowness or dulness of his understanding, but for his wilfulness and obstinacy. If he carry himself proudly and insolently towards his parents, contemn their authority, slight their reproofs and admonitions, disobey the express commands they give him for his own good, hate to be reformed by the correction they give him, shame their family, grieve their hearts, waste their substance, and threaten to ruin their estate by riotous living—this is a stubborn and rebellious son. He is particularly supposed ( v. 20 ) to be a glutton or a drunkard. This intimates either, (1.) That these were sins which his parents did in a particular manner warn him against, and therefore that in these instances there was a plain evidence that he did not obey their voice. Lemuel had this charge from his mother, Prov. xxxi. 4 . Note, In the education of children, great care should be taken to suppress all inclinations to drunkenness, and to keep them out of the way of temptations to it; in order hereunto they should be possessed betimes with a dread and detestation of that beastly sin, and taught betimes to deny themselves. Or, (2.) That his being a glutton and a drunkard was the cause of his insolence and obstinacy towards his parents. Note, There is nothing that draws men into all manner of wickedness, and hardens them in it, more certainly and fatally than drunkenness does. When men take to drink they forget the law, they forget all law ( Prov. xxxi. 5 ), even that fundamental law of honouring parents. 2. How this criminal is to be proceeded against. His own father and mother are to be his prosecutors, v. 19, 20 . They might not put him to death themselves, but they must complain of him to the elders of the city, and the complaint must needs be made with a sad heart: This our son is stubborn and rebellious. Note, Those that give up themselves to vice and wickedness, and will not be reclaimed, forfeit their interest in the natural affections of the nearest relations; the instruments of their being justly become the instruments of their destruction. The children that forget their duty must thank themselves and not blame their parents if they are regarded with less and less affection. And, how difficult soever tender parents now find it to reconcile themselves to the just punishment of their rebellious children, in the day of the revelation of the righteous judgment of God all natural affection will be so entirely swallowed up in divine love that they will acquiesce even in the condemnation of those children, because God will be therein for ever glorified. 3. What judgment is to be executed upon him: he must publicly stoned to death by the men of his city, v. 21 . And thus, (1.) The paternal authority was supported, and God, our common Father, showed himself jealous for it, it being one of the first and most ancient streams derived from him that is the fountain of all power. (2.) This law, if duly executed, would early destroy the wicked of the land. ( Ps. ci. 8 ), and prevent the spreading of the gangrene, by cutting off the corrupt part betimes; for those that were bad members of families would never make good members of the commonwealth. (3.) It would strike an awe upon children, and frighten them into obedience to their parents, if they would not otherwise be brought to their duty and kept in it: All Israel shall hear. The Jews say, "The elders that condemned him were to send notice of it in writing all the nation over, In such a court, such a day, we stoned such a one, because he was a stubborn and rebellious son. " And I have sometimes wished that as in all our courts there is an exact record kept of the condemnation of criminals, in perpetuam rei memoriam—that the memorial may never be lost, so there might be public and authentic notice given in print to the kingdom of such condemnations, and the executions upon them, by the elders themselves, in terrorem—that all may hear and fear. II. A law for the burying of the bodies of malefactors that were hanged, v. 22 . The hanging of them by the neck till the body was dead was not used at all among the Jews, as with us; but of such as were stoned to death, if it were for blasphemy, or some other very execrable crime, it was usual, by order of the judges, to hang up the dead bodies upon a post for some time, as a spectacle to the world, to express the ignominy of the crime, and to strike the greater terror upon others, that they might not only hear and fear, but see and fear. Now it is here provided that, whatever time of the day they were thus hanged up, at sun-set they should be taken down and buried, and not left to hang out all night; sufficient (says the law) to such a man is this punishment; hitherto let it go, but no further. Let the malefactor and his crime be hidden in the grave. Now, 1. God would thus preserve the honour of human bodies and tenderness towards the worst of criminals. The time of exposing dead bodies thus is limited for the same reason that the number of stripes was limited by another law: Lest thy brother seem vile unto thee. Punishing beyond death God reserves to himself; as for man, there is no more that he can do. Whether therefore the hanging of malefactors in chains, and setting up their heads and quarters, be decent among Christians that look for the resurrection of the body, may perhaps be worth considering. 2. Yet it is plain there was something ceremonial in it; by the law of Moses the touch of a dead body was defiling, and therefore dead bodies must not be left hanging up in the country, because, by the same rule, this would defile the land. But, 3. There is one reason here given which has reference to Christ. He that is hanged is accursed of God, that is, it is the highest degree of disgrace and reproach that can be done to a man, and proclaims him under the curse of God as much as any external punishment can. Those that see him thus hang between heaven and earth will conclude him abandoned of both and unworthy of either; and therefore let him not hang all night, for that would carry it too far. Now the apostle, showing how Christ has redeemed us from the curse of the law by being himself made a curse for us, illustrates it by comparing the brand here put on him that was hanged on a tree with the death of Christ, Gal. iii. 13 . Moses, by the Spirit, uses this phrase of being accursed of God, when he means no more than being treated most ignominiously, that it might afterwards be applied to the death of Christ, and might show that in it he underwent the curse of the law for us, which is a great enhancement of his love and a great encouragement to our faith in him. And (as the excellent bishop Patrick well observes) this passage is applied to the death of Christ, not only because he bore our sins and was exposed to shame, as these malefactors were that were accursed of God, but because he was in the evening taken down from the cursed tree and buried (and that by the particular care of the Jews, with an eye to this law, John xix. 31 ), in token that now, the guilt being removed, the law was satisfied, as it was when the malefactor had hanged till sun-set; it demanded no more. Then he ceased to be a curse, and those that were his. And, as the land of Israel was pure and clean when the dead body was buried, so the church is washed and cleansed by the complete satisfaction which thus Christ made.

On a tree - Which was done after the malefactor was put to death some other way, this publick shame being added to his former punishment.