Annotations on the Pentateuch, Psalms, Song of Songs, Biblical commentary 5 · Chapter 21
CHAP. XXI.
1 The expiation of murder done by an unknowne person: that the Elders of the next citie should kill an heiffer, and wash their hands over it, so clearing themselves, and asking mercy of God. 10 The usage of a captive taken to wife. 15 The first-borne is not to be disinherited upon private affection. 18 A stubborne rebellious sonne is by his Parents to be brought forth unto judgement, and stoned to death. 22 The malefactor must not hang all night on a tree.
IF one be found slaine in the land which Iehovah thy God giveth unto thee to possesse it, fallen in the field; and it be not knowne who hath smitten him: Then thy Elders, and thy Iudges shall come forth, and they shall measure unto the cities which are round about him that is slaine. And it shall be that the citie which is next unto the slaine …, even the Elders of that citie shall take an heiffer of the herd, which hath not beene wrought with, which hath not drawne in the yoke. And the Elders of that citie shall bring downe the Heiffer unto a rough valley, which shall not be tilled, nor sowen, and shall strike off the Heiffers necke there in the valley. And the Priests, the sonnes of Levi, shall come neere; for them Iehovah thy God hath chosen to minister unto him, and to blesse in the name of Iehovah; and by their mouth shall be every controversie, and every stroke. And all the Elders of that citie that are next unto the slaine man, shall wash their hands over the Heiffer that is beheaded in the valley. And they shall answer, and say; Our hands have not shed this bloud, and our eyes have not seene it. Make expiation for thy people Israel, whom thou hast redeemed, O Iehovah; and lay not innocent bloud in the middest of thy people Israel, and the bloud shall be expiated for them. And thou shalt put away innocent bloud from the middest of thee, when thou shalt doe that which is right in the eyes of Iehovah.
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When thou goest forth to battell against thine enemies, and Iehovah thy God hath delivered them into thine hands, and thou hast taken captive a captivity of them: And thou seest in the captivity a woman of a beautifull forme, and hast a desire unto her, and wouldest take her unto thee to wise: Then thou shalt bring her home to thy house, and she shall shave her head, and doe her nailes. And she shall put off the raiment of her captivity from upon her, and shal remaine in thine house, & shall weep for her father and her mother a monethmonth of daies; and after that thou shalt goe in unto her, and be her husband, and she shall be unto thee to wife. And it shall be, if thou have no delight in her, then thou shalt send her away whither she will; but selling thou shalt not sell her for money: thou shalt not make a gaine to thy selfe of her, because thou hast humbled her.
If a man have two wives, one beloved, and another hated, and they have borne him sonnes, the beloved, and the hated; and if the first-borne sonne be hers that was hated:
Then it shall be in the day that he maketh his sonnes to inherit that which he hath, he may not make the sonne of the beloved first-borne, before the sonne of the hated, which is the first-borne. But the first-born, the sonne of the hated shall he acknowledge, by giving to him a double portion of all that is …ound his; for he is the beginning of his strength, the right of the first birth-right is his.
If a man have a sonne stubborne and rebellious, which obeyeth not the voice of his father, and the voice of his mother, and they have chastned him, & he will not hearken unto them: Then shal his father and his mother lay hold on him, and bring him out unto the Elders of his citie, and unto the gate of his place. And they shall say unto the Elders of his citie, This our sonne is stubborne and rebellious, he obeyeth not our voice, he is a glutton, and a drunkard. And all the men of his citie shall stone him with stones, and hee shall die; and thou shalt put away the evill from the middest of thee, and all Israel shall heare and feare.
And if there be in a man a sinne worthy of death, and hee be put to death, and thou hang him on a tree: His carkasse shall not remaine all night upon the tree; but burying thou shalt burie him in that day, for hee that is hanged is the curse of God; and thou shalt not defile thy land which Iehovah thy God giveth unto thee for an inheritance.
Annotations.
SLaine] or, Wounded, meaning to death; as the Chaldee translateth, killed: and this Law was to be kept, whether one or many were found slaine. giveth] or, is giving, to wit, shortly. This being a figurative expiation, done by Priests, with the death of an heiffer, &c. sheweth this Law to be peculiar to the common-wealth of Israel: and so the Hebrewes say, The Law for the beheaded heiffer is not to be used but in the land of Israel. Maimony in Misneh, tom. 4. treat. of Murder, ch. 10. sect. 1. fallen] that is, lying dead: as, there fell, 1 Chron. 21. 14. is expounded there died, 2 Sam. 24. 15. The Greeke translateth it fallen: the Chaldee, lying. All these circumstances the Hebrewes hold unto strictly; It is said, Slaine (or Wounded) not hanged, nor broken; for such an one is not called Chalal, (Slaine:) in the Land (or Ground,) not hid in an heape: Fallen, not hanging on a tree: in the Field, not swimming on the water. Maimony treat. of Murder, chap. 9. sect. 11. not knowne] for if it be knowne, they behead no heiffer for him. If but one have seene the murderer, and though it be a slave, or a woman, or one whose testimony is not allowable, yet there is no beheading of the heiffer: therefore if there be many open murderers, the killing of the heiffer ceaseth. If one witnesse say, I saw the murderer; & another witnesse denie it, saying, Thou didst not see him, (and these witnesses come both together,) then they behead the heiffer. Maimony ibidem, ch. 9. sect. 12. 13.
Vers. 2. thy Elders] he saith not the Elders of that citie, as after in vers. 3. (for it is not knowne as yet to what citie it belongeth;) but thy Elders (O Israel) which were of the generall States of the Land. The Hebrewes say, When a slaine man is found fallen on the earth, &c. they leave him in his place, and five Elders come forth from the high Councell that is in Ierusalem, and they measure from him unto the cities that are round about the slaine man. Maim. ibidem, ch. 9. s. 1. thy Iudges] to whom criminall causes did belong, for the triall of them. unto the cities] he saith not, unto the townes, or villages, but cities: and by the Hebrewes, they measured not to any citie, but such as had in it a Court of three and twenty (Magistrates.) And though he be found by a cities sid &c. yet they measure. And when they have measured, and the citie next him is knowne, then they burie the slaine man in his place, and the Elders of Ierusalem returne to their place; and the Senate of that citie bring an heiffer, &c. When they measure, they doe it exactly. And they measure from the nose of him (that is slaine.) If his body be in one place, and his head in another, they bring the body to the head, and bury it in the place there of. If there be many dead, one beside another, they measure from the nose of every one of them. And if one citie be neerest to them all, it bringeth one heiffer for them all. Maimony treat. of Murder, chap. 9. sect. 4: 9, 10.
Vers. 3. an heiffer] which was by the death thereof to make expiation, in figure, for this murder, as ordinary sacrifices did for mens sinnes. And this was done by the next citie, because of presumption of the fact, when other proofe failed: and this heiffer was to be of the mens of that citie, saith Maim. ibidem, sect. 2. and an heiffer of the second yeere, or under; but if it were a day older than two yeeres, it was unlawfull, Maim. ibidem, chap. 9. sect. 2. and chap. 10. sect. 2. in the yoke] the same caution was for the red heiffer, Num. 19. 2. see the Annotations there. But why speaketh he of the yoke, after he had said, not wrought with? seeing to draw with the yoke is comprehended in other worke? The Hebrewes answer, Because the yoke maketh it disallowable, whether it be in the houre of worke or not. When it hath drawne in the yoke but an hand-bredth, it is unlawfull, though it neither ploughed therewith, nor did any other worke. Maim. ibid. chap. 10. sect. 3.
Vers. 4. a rough valley] or, a strong bourne: the Hebrew Nachal is both a valley, Gen. 26. 17. 19. and a water-streame running in a valley, Deut. 2. 13. 36. both which we call a bourne. Ethan signifieth strength, or strong and durable, and is applied sometime to waters, Exod. 14. 27. Psalm. 74. 15. And Nachal Ethan, in Amos 5. 24. is a mightie streame. So here wee may understand this to be not only a valley, but a streame also in it, as the Chaldee version confirmeth: but the Greeke translateth it, a rough valley. Maimony in treat. of Murder, chap. 9. sect. 2. saith, they bring downe the heiffer unto a bourne that floweth strongly, and that is the Ethan spoken of in the Law. shall not be tilled] either at the time when the heiffer is killed, or after. The valley wherein the heiffer is beheaded, is unlawfull to be sowen or tilled for ever, (Deut. 21. 4.) and who so worketh any worke there, in the body of the ground, as to plough, or dig, or sow, or plant, or any the like, he is to be beaten. But it is lawfull to dresse flax there, or to dig up stones, or any thing which is not as tillage or sowing, &c. Maimony treat, of Murder, chap. 10. sect. 9. strike off the necke] or behead, (as in vers. 6.) with an axe on the hinder parts thereof, saith Maimony ibidem, ch. 9. sect. 3. The Greeke translateth, cut the sinewes of the heiffer. After it was beheaded, and expiation made, the heiffer was buried in the place where it was killed, and it was unlawfull to have any profit (or use) thereof. Maim. ibidem, c. 10. s. 6.
Vers. 5. the sonnes of Levi] in Greeke, the Levites. What they were to doe, is not expressed by Moses, but may be gathered by their office here described, to minister, &c. and by vers. 8. where praier is made for atonement. And so the Hebrews explaine it, that the Elders were to wash their hands, and say, Our hands have not shed, &c. (v. 7.) and the Priests said, Make expiation for thy people, &c. vers. 8. Maimony treat. of Murder, cha. 9. s. 3. to …inister] the Greeke saith, to stand before him. See Deut. 10. 8. their mouth] that is, as the Chaldee expoundeth it, their word, meaning the word of God which they should shew, Ezek. 44. 23, 24. shall be] to wit, judged, or tried, or (as this case seemeth to import) expiated. stroke] or plague; in Chaldee, plague of leprosie: See the notes on Deut. 17. 8.
Vers. 6. all the Elders] both the Magistrates then bearing office, and such as had borne it before. For all such were called Elders, as appeareth by Iudg. 8. 14. where the Princes and Elders of Succoth, were threescore & seventeen men. So in this case, the Hebrewes say, The Iudges of that citie, with all the Elders, although they be an hundred, they all wash their hands there, in the place where the heiffers necke is stricken off. Maimony treat. of Murder, ch. 9. s. 3. shall wash] in signe that they were innocent of that bloud-shed: as Psal. 26. 6. Matth. 27. 24.
Vers. 7. shall answer] that is, shall speake: for so the word answer is often used for the beginning of a speech, Io…. 3. 2. have not shed] or, hath not shed: for the Hebrew hath a double reading, implying both singular and plural; to signifie that they had not any hand in this murder. not seen it] to wit, shed by any other: for else, this expiation had not been thus made, as is noted on vers. 1.
Vers. 8. Make expiation] or Make atonement: in Greeke, be mercifull. Here the Chaldee version addeth, The Priests shall say, Make exptation, &c. and so the Hebrewes explaine it, as is noted on v. 5. hast redeemed] the Greek addeth, out of the land of Egypt. lay not innocent bloud] Hebr. give not, that is, as the Chaldee openeth it, give not the guilt of innocent bloud; in our phrase, lay it not to their charge. The Greeke translateth, that there may not … innocent bloud in thy people. To give, is often used for to suffer, (as is noted on Gen. 20. 6.) in …ch sense it may also be taken here, suffer not in…nt bloud, to wit, to be unpunished, but bring the murderer to light. expiaeted for them] or, mercifully forgiven them: but the murderer (if afterward hee were taken,) was not hereby forgiven, which the Hebrewes gather from the next words, saying; Although the murtherer be found after the …eading of the heiffer, yet he is to be killed; for it is …ten (Deut. 21. 9.) And thou shalt put away in…t bloud. Maim. treat of Murder, ch. 10. s. 8.
Vers. 9. innocent bloud] that is, the guilt there… … the Chaldee addeth, the shedder of innocent …, according to the former exposition. right … eies] the Greeke translateth, that which is good … pleasing before the Lord.
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Here beginneth the nine and fortieth Section, or Lecture of the Law: See Gen. 6. 9.
Vers. 10. delivered them] Hebr. given (or deli…d him) speaking of the multitude of enemies, … one man; so after. captivity of them] Hebr. …ity of him: that is, a multitude of captives or … So in Num. 21. 1. This Law is like the … divorce, Deut. 24. which our Saviour tel… … suffered for the hardnesse of mens hearts, … …9. 8. And the Hebrewes themselves, (…gh much addicted to strange women, and … of wives,) understand this Law with sun… limitations; and to be partly for necessity, when … in the warres were absent from their wives, and tempted with concupiscence.
Vers. 11. in the captivity] that is, amongst the captives, or prisoners. At any other time, the Hebrewes say, this was not lawfull. hast a desire] or affectest, settest thy love; as Gen. 34. 8. and wouldest take her] or, and takest her, to wit, by promise. The Hebrewes say of Souldiers that come into the heathens coast, that they may in their hunger, eat swines flesh, or other uncleane meats, when they can get no other: And so a man may lie with an heathen woman, if his concupiscence urge him therto; but he may not lie with her and goe his way, bust must bring her home to his house; and he may not lie with her the second time, untill he have married her. Neither is it lawfull for him to take this beautifull woman, save in the time of captivitie, as it is written; And thou seest in the captivity, &c. Neither is it lawfull to lie with two, for it is said, HER: nor lawfull to take two, and lie with the one, and leave the other for his brother. Maimony tom. 4. treat. of Kings and Warres, ch. 8. s. 1, 2, 3. This lying with her, seemeth to be impiied in those words, thou hast humbled her, v. 14. which phrase is not used, but of an estate out of marriage, as is noted on Gen. 34. 2.
Vers. 12. home to thy house] Hebr. into the midst of thine house, that is, into it, as this phrase meaneth: See the notes on Gen. 2. 9. she shall shave] the Greeke changeth the person, saying; thou shalt shave: for this being a shame and dishonour unto her, (1 Cor. 11. 6. 15.) it is not likely the woman would willingly doe it, but the man (in whose power she was) must see it done. doe her nailes] or make them, which the Chaldee expoundeth, let them grow: though the phrase may be taken otherwise, to pare or cut them, (as in 2 Sam. 19. 24.) and so the Greeke translateth; yet the letting of them grow, seemeth here to be meant, for her more deformity, answerable to the shaving of her head. The Hebrews open it thus; After he hath lien with her once, whiles she is in her paganisme, if she take upon her to come under the wings of Gods Majesty, she is baptised for a Proselyte out of hand: and if she will not, she must remaine in his house thirty daies (Deu. 21. 13.) and she is to let her nailes grow, and shave her head, to the end, that she may be deformed in his eies; and she must be with him in his house, that he may looke upon her and loath her. And he is to perswade with her, that she may receive (the faith:) if she receive it, she is made a Proselyte, and baptised as all strangers, And she must tarry three moneths, one maneth weeping (for her father,) and two moneths after it, and he is to take her with bill of dowry, & mariage. And if he have no delight in her, he is to send her away whither she will, & if he sell her, he transgresseth, &c. (Deut. 21. 14.) If she will not become a Proselyte, they perswade with her 12. moneths. If (yet) she will not, (but) receiveth the 7. commandements which were commanded to the sons of Noe, [whereof see the Annotations on Gen. 9. 4.] then he is to send her away whither she will, and loe she is as all other strangers that dwell (in the land,) but he may not marrie her; for it is unlawfull to marry a woman which is not a Proselyte. If she be with childe by his first lying with her; then the childe is a stranger, and is not his sonne for any matter, because he is of an heathē mother, &c. If the beautifull woman will not leave her idolatry after twelve moneths, they are to kill her: and so the ci…i… that would make peace, they may make no covenant with them, till they renounce their idolatry, and destroy all the places thereof, and receive the other commandements which were commanded …o the sonnes of Noe: for every heathen that yeeldeth not to those commandements, are to be killed, if they be under our hand, faith Maim. in treat of Kings, …. 8. s. 5.—9.
Vers. 13. raiment] in Greeke, the garments of her captivity, to wit, those wherein she was taken, and shall put on mourning weeds: which was another signe of her humiliation, and meanes to withdraw the mans love from her, if she continued in her unbeleefe. remaine] or, sit in thine house, where thou maist behold and observe her carriage. a monethmonth of daies] that is, thirty daies, an whole monethmonth. This was in respect of her speciall case forementioned. And whereas the Hebrewes speake of two moneths longer, (as is noted on vers. 12) the reason thereof they elsewhere shew to be in regard of his lying with her, left she should be with childe, that so the seed of …srael might be knowne from the heathens; for by Exod. 21. 4. it appeareth that a heathen bond-womans children were her masters, and not counted the Israelites who begat them: and by Ezr. 10. 3. 44. it is evident, that not only the heathens wives, but such also as were borne of them, were put away. The Hebrewes say; Every woman that is divorced, or is a widow, she may not marry againe, till she have tarri…d ninety daies, besides the day of her divorce, or of her husbands death; to the end that it may be … whether she be with childe or no, and that th…e may be proofe whether it be the seed of her first husband, or of her second. A bond-woman that is … free, and an heathen woman that becommeth a …, th…y must tarry 90 daies. And though is … a heathen man & his wife that become Proselytes, they separate them ninety daies, to distinguish the seed which is begotten in holy state, from the seed which is not so begotten. And so the beautifull (captive) although there is a law given her of 30. daies for the …itting of her selfe, she must tarry 90. daies, for the fitting of her child. Maimony in treat. of Divorces, ch. 11. s. 18. 21. goe in] to wit, into the (marriage) chamber, as …udg. 15. 1. and be her husband] or, marrie her, and so … with her, as Dew. …4. …. This might not be with an Infidell, Deut. 7. …. See the Annotations there.
Vers. 14. If thou have no delight in her] This see… be meant before marriage, not after: for that, God allowed no such sending her away after marriage; but if after he had onc… lye… with her, & had humbled her (as after he speake…h;) the mans affections were withdrawne from her, by beholding her in that deformity & mournfull state within his house; then God permitted this leaving her, but with the cautions following. whither she will Hebr. to her soule, that is, according to her owne will or desire. The Greek translateth, thou shalt send her away free… f…lling thou shalt not sell] that is, not at all, or shalt in … case sell her, as other captives might be; and this recompence she had, and the man sustained this losse, for that hee had humbled her; whereby God shewed compassion to this afflicted woman, and his dislike of the mans lying with her before, though for the hardnesse of mens hearts he suffered it so to be; as Matth. 19. 8. make a gaine to thy selfe] or, serve thy selfe, make her …hy servant. The Hebrew Hithgnammer, is found onelyonly here, and in Deut. 24. 7. where the Greeke expresseth it by Katadunasteo, which is to sub due, or bring under ones power; which word is used in like sense, Acts 10. 38. and Iam. 2. 6. for such as were oppressed under the power of the devill, and of rich men. So that the man, as hee might not sell this woman, so neither make a servant of her to himselfe, or others. So the Hebrewes expound it, If he sell her, …e transgresseth this prohibition, Selling thou shalt not sell her, &c. And so if he subdue her, after that she is lien with, to be a bond-woman, when he hath use of her service, he transgresseth this prohibition, Thou shalt not make a gaine to thy selfe by her, for he may not serve himselfe by her. Maimony treat. of Kings, ch. 8. s. 6. humbled her] or, afflicted her. This word being used for unlawfull copulations, as in Gen. 34. 2. Deut. 22. 24, 29. Iudg. 19. 24. 2 Sam. 13. 12, 14. Ezek. 22. 10, 11. Lam. 5. 11. sheweth also, that God approved not of his fact: and that this sending her away, was not to be after marriage, but after his first lying with her onelyonly, as is before noted.
Vers. 15. two wives] which though it was contrary to Gods first institution, Gen. 2. 22, 23, 24. and was begun by Kains posterity, Gen. 4. 19. yet the corruption being spred over all, and even in the Church, God for a time suffered this untill the time of reformation; but approved not of it, as appeareth by Mal. 2. 15. Matth. 19. 4, 5. And here provideth by his Law, against troubles and confusion that might arise in families by such polygamy. and another hated] Hebr. and one hated; but this word one in the latter branch of the sentence, is used for another; and is so explained by the Holy Ghost: as where it is said in Matth. 24. 40. the one shall be taken, and the one left; another Evangelist expresseth it thus, the one shall be taken, and the other le…t, Luk. 17. 36. And by hated, understand lesse loved than the other: for it is spoken by way of comparison, as in Gen. 29. 31.
Vers. 16. he maketh his sonnes to inherit] or, divideth the inheritance to his sonnes: from which words the Hebrewes gather, that The first-borne which is borne after his fathers death, is not to have a double portion. Maimony treat. of Inheritances, ch. 2. s. 2. he may not] or, he cannot; he shall not be able, that is, it is not lawfull for him. make first-borne] that is, give the first birth-right, which was a double portion. As Ioseph had the first birth-right, when a portion was given him above his brethren, 1 Chr. 5. 1, 2. Gen. 48. 5, 22. before the son] which the Greeke translateth, despising the son.
Vers. 17. acknowledge] in Chaldee, separate, to wit, by His words and actions. a double p…tion] Hebr. the mouth (that is, the part) of two, which the Chaldee translateth two parts, as the like phrase signifieth in Zach. 13. 8. By which Scriputre we may learne what this double p…rtion was, that if a man had two sonnes, his goods were divided into three parts, whereof the eldest had two parts, and the youngest the third. For the first-borne was to be reckoned as two sonnes; as Ioseph (who had the first birth-right, 1 Chron. 5. 2▪) was two tribes, Ephraim and Manasses. The Hebrewes explaine it thus; The first-borne is to receive a double portion of his fathers goods, Deut. 21. 17. As, if he leave five sonnes, and one of them is the first-borne, he is to have a third of his goods, and every of the other foure receiveth a sixt part. If he leave nine sonnes, the first-borne hath a fi…t part, and every of the other eight, a tenth part. And so according to this partition doe they part alwaies. Maimony treat. of Inheritances, ch. 2. s. 1. According to this phrase Eliseus desired a double portion of Elias spirit, 2 Kin. 2. 9. that he might have so much more as any of his other disciples. of all that is found his] the word found of…é signifieth things present, as in Ge. 19. 15. 2 Chron. 5. 11. and 31. 1. So in this case by the Hebrewes judgement, The first-borne had not a double portion of the goods which might come after his fathers death, but of the goods which were assuredly his fathers, & come into his hand (or power) ss it is written, OF ALL THAT IS FOVND HIS. As, one of the heires of his father that dieth after the death of his father; the first-borne, and the single (brother) doe inherit his goods alike. And so if his father hath a debt owing him, or hath a ship at sea, they are heires of it alike. Maim. treat. of Inheritan…, ch. 3. sect. 1. It is also said, found his; he saith … found hers; and by the Hebrewes it is holden, …at The first-borne hath not a double portion of his mothers goods: but the first-borne and another sonne that are heires to their mother, doe share alike, whether he be the first-borne for inheritance, or the first that openeth the wombe. The first-borne for inherita…ce▪ is …e that is first-borne to his father, as it is written (in v. 17.) THE BEGINNING OF HIS STRENGTH; and they respect not the …er, though she have borne many sonnes, if he be … fathers first-borne, he hath a double portion. He … …mmeth (into the world) after untimely births … were before him,] is the first-borne for inheri…ce. And so one borne at his fulltime, if he be borne … he that commeth after him, is the first-borne …ritance. If a man have sonnes while hee is an …en, and after becommeth a proselyte, he hath no … borne for inheritance. But an Israelite that hath … by a bond-woman, or by an heathen woman, …ch as he is not called his sonne, he that com… after him of an Israelitesse, is the first-borne for …nce, and hath a double portion. Maim. ibi…, ch. 2. s. 8 9, 10, 12. of his strength] or, of …our. So Iakob said of Reuben his eldest, …49. 3. The Greeke translateth, of his children. … this is the first reason of the Law, from nature …e. the right] Hebr. the judgement; which …eeke explaineth thus, the first birth-rights … (or belong) unto him. And this may be un…ood in respect of the Iudgement or Law of … L…rd; which is added unto the former reason … nature, and maketh the first-bornes right more firme unto him. Wherefore as Esau beforehand sold his birth-right, and the sale was confirmed, Gen. 25. 33. so generally The first-borne that selleth the portion of the birth-right before it be parted, his sale is firme, because the portion is his before it is parted, saith Maimony treat. of Inheritance, c. 3. s. 6. And by reason of this right of the first-borne, his children after him do inherit also, as this Hebrew canon sheweth, Who so hath two sonnes, a first-borne, and another, and they die both of them whiles he liveth, and leave children behinde them, the first-borne leaveth a daughter, & the single (brother) leaveth a sonne; the sonne of the single (brother) shall inherit of the old mans goeds a third part, which was his fathers portion; & the daughter of the first-borne shall inherit two thirds, which was her fathers portion. And such is the right of brethrens children, and of the fathers brothers children, and of all that doe inherit: if the father of one of the heires were a first-borne, the heire receiveth the portion of his first birth-right for him. Maimony ibidem, c. 2. s. 7. By this Law was fore-shadowed how the elect, the Israel of God, Gal. 6. 16. which are his first-borne, Exod. 4. 22. and Church of the first-born which are written in heaven, Heb. 12. 23. shall have a double portion, and inherit the good things of God, as they which have the promise of the life which now is, and of that which is to come, 1 Tim. 4. 8. and are the heires of God, and joint-heires with Christ, Rom. 8. 17. and being justified by his grace, are made heires according to the hope of eternall life, Tit. 3. 7. God having begotten them againe, to an inheritance incorruptible, and undefiled, and that fadeth not away, reserved in heaven for us, 1 Pet. 1. 4.
Vers. 18. stubborne] or perverse, revolting, refractarie, that turneth away from God and his Law: and it implieth the affection of the heart, as Ier. 5. 23. and the cariage and action as an untamed heiffer, Hos. 4. 16. Neh. 9. 29. And so the Apostle translateth it into Greeke, by two words, disobedient (or unperswaded,) and gaine-saying, Rom. 10. 21. from Esay 65. 2. So here the Greeke expoundeth it, disobedient. rebellious] The Hebrew Moreh signifieth one that changeth or turneth to the worse, both in heart and action, and in particular turneth from and opposeth the word of God, as Deut. 1. 26. 43. and 9. 7, 23, 24. The Greeke here translateth it Contentious. The instance of this rebellion is shewed in v. 20. obeieth not] or …earkeneth not; the Chaldee translateth, receiveth not the word. chastened] or nurtured; which implieth both words and acts, as by rebukes, stripes, and outward punishment, Levit. 26. 23, 28. and sometime by the hand of the Magistrate, Deut. 22. 18. in which sense the Hebrews understand this here. And having spoken before of words, this therefore is meant of blowes also.
Vers. 19. and his mother] both of them; so that one alone was not enough to cause him to be put to death. The Hebrew Doctors, as they are alwaies warie in cases that concerne the taking away of any mans life; so in this above others, they set downe many and strange limitations; as, first they restraine it to those particular sinnes of gluttony and drunkennesse, vers. 20. and that gluttony to be eating of flesh onelyonly, and drunkennesse with wine onelyonly. Also that the sonne is not to be put to death, unlesse hee have stollen somewhat from his father, and bought therewith flesh and wine for riot, and eaten and drunke it without his fathers leave, in a company that are all vaine and vile persons. That a sonne onelyonly, not a daughter, is to be put to death by this Law, and hee not a little one, or a childe, who is not within the rule or compasse of the commandements; not a man that is growne up, and is in his owne power. So that hee must be at least above twelve yeeres of age. And if he be married three moneths, and his wife be knowne to be with childe, they free him also from this Law, because it is said a sonne, and not a father. Moreover, that the father and mother must bring this rebellious sonne first to the court of three Iudges, and there complaine of his disobedience; bringing with them two witnesses of his stealth and gluttony: whereupon he is there beaten, as others are for the like crime; and this is that chastening in v. 18. If he fall againe to stealth and riot, his father and mother bring him againe before the Magistrates, with the witnesses, and he is condemned to death. But if before sentence is passed on him, his father and mother doe relent in pitie towards him, hee is let goe. If he flee away before sentence is gone out against him, and be afterward taken when hee is in mans state (which they also judge by the haire on his face) hee is not put to death; but if hee scape away after sentence of condemnation, he is stoned to death whensoever hee is taken. If his father be willing to bring him to the Magistrate, and the mother not; or the mother willing, and the father not; he is not to be judged as a rebellious sonne. If either parent have lost their hand, or be lame, or dumbe, or blinde, or deafe, the sonne passeth not under this condemnation; for it is said, they must lay hold on him, and bring him, and must say, this our sonne, &c. hee obeieth not our voice, &c. These, and the like cautions, are noted by Maimony in treat. of Rebels, chap. 7. and in the Bab. Thalmud. in Sanhedrin, ch. 8. but they have not all of them found ground from the Scripture. Howbeit if any sonne be by any of these exceptions saved, that he die not as a rebellious sonne, yet is he under all other punishments which the Magistrates inflict on other riotours, and like malefactors. the gate of his place] that is, the gate of the place where he dwelt, at which gate the Magistrates used to sit, Deut. 22. 15. and 25. 7. So the Chaldee here translateth, the gate of the judgementhall of his place.
Vers. 20. a glutton] or riotour, devourer: in Hebrew Zolel, which hath the signification of vilenesse, Ier. 15. 19. The Chaldee addeth, a glutton (or riotous eater) of flesh, and a riotous drinker of wine: which words seeme also to be understood in the Hebrew, and are so expressed in Prov. 23. 20. Be not amongst riotous drinkers of wine, amongst riotous eaters of flesh: for the riotous drinker, and the riotous eater (or glutton) shall come to poverty. Where in the latter sentence, the words flesh and wine are omitted, as here they are in Moses. And to these two, flesh and wine, the Hebrewes do restraine this law, as before is noted: but oft times such things are named for an instance, and doe imply all other of like sort.
Vers. 21. and he shall die] or, that he die. The sinnes of riot and drunkennesse were not by Moses Law punishable by death: this therefore was in respect of his disobedience to his parents, which greatly aggravated his sinne, and for which hee was to die, when other drunkards scaped with lighter punishment. Hereupon Solomon uttered his parable, He that keepeth the Law, is a wise son; but he that is a companion of gluttons, shameth his father, Prov. 28. 7. all Israel shall heare] The like is spoken of the death of some other notorious malefactors, as Deut. 13. 11. and 17. 13. and 19. 30. So in this case, the Hebrewes say, The rebellious sonne must be proclaimed, and they publish by writings unto all Israel, In such a Court wee stoned such an one, because hee was a stubborne and rebellious sonne. Maimony treat. of Rebels, chap. 7. sect. 13.
Vers. 22. worthy of death] Hebr. of the judgement of death; which the Chaldee well expoundeth, desert of judgement to be killed. and thou hang him] The Hebrewes understand not this of putting him to death by hanging, but of hanging a man up after hee was stoned to death; which was done for more detestation of some hainous malefactors. Their words are; We are commanded to hang the blasphemer, and the Idolater: and a man is hanged, but not a woman. After they are stoned to death, they fasten a peace of timber in the earth, and out of it there commeth a peece of wood; then they tie both his hands one to another, and hang him neere unto the setting of the Sun, and let him downe out of hand; and if he abide all night, it is a transgression, Deut. 21. 23. And we are commanded to burie all that are killed by the Iudges, the same day that they are killed. They may not be hanged on a tree that groweth on the ground, but on that which hath beene plucked up, that there may not need any cutting of it downe: for the tree that he is hanged on is to be buried with him, that there be no evill memoriall of him, for men to say, this is the tree wheron such a man was hanged. And so the stone wherewith the stoned is killed, and the sword wherewith a man is put to death, and the napkin wherwith he is strangled, they all are buried. Maimony in Sanhedrin, ch. 15. sect. 6. &c. In the Scripture we have examples of Rechab and Baanah, who for murdering Ishbosheth, were by Davids commandement slaine, their hands and feet cut off, and they hanged up, 2 Sam. 4. 12. where their hanging seemeth to be after their death: and so in others; as Ios. 10. 26. which might also be the case of the King of Ai, Ies. 8. 29. & of those Idolaters in Num. 25. 4. And the Scripture sheweth a double punishment for some hainous sinnes, as in Achans family, who were burned with fire, after they were stoned, Ios. 7. 25. Among the Romans afterward they hanged or fastned them to the tree alive; and such was the death of our Lord Christ, who bare, our …es in his owne bodie on the tree, 1 Pet. 2. 24. Luke 23. 33,—39.
Vers. 23. burying] in Greeke, with buriall thou shall burie him, that is, in any wise burie him. This was also sulfilled in our Saviours body, which was buried the same day that he was hanged on tree, Ioh. 19. 31, 38, 42. he that is hanged] to wit, on tree, as Gal. 3. 13. This speech, as many other of like sort, is generall; therefore the Greeke translateth, every one that is hanged on tree; and that interpretation the Apostle alleageth in Gal. 3. 13. the curse] that is, cursed as the A postle expoundeth it, (according to the Greeke version,) Gal. 3. 13. And here in the utmost rigour and severity of the Law God fore-signified the riches of his grace towards sinners in Christ, who redeemed us from the curse of the Law, being made a curse for us, as appeared in that he was hanged on the tree, Gal. 3. 13. He was reckoned among the transgressors, Luke 22. 37. and God made him to be sinne for us, who knew no sinne, that wee might be made the righteousnesse of God in him, 2 Cor. 5. 21. The Chaldee translateth, For because he sinned before the Lord, he is hanged. and thou shalt not defile the land] or, as the Greeke translateth, and the land shall not be defiled: which might be by the monument of Gods curse remaining upon it visibly. So the buriall was to abolish the curse from appearing in the Lords land. A figure of the fruit and effect of our Saviours buriall, whereby the rigour of the Law was declared to be satisfied, and all our sinnes defaced, and removed out of Gods sight, that they shall neve…be imputed unto us.