Westminster Annotations, Deuteronomy · Chapter 21
CHAP. XXI.
Vers. 1. SLaine] This Law declareth how charie the Lord is of spilling mans bloud, how displeasing the shedding of it is to him, and how dangerous to others that have their hearts and hands defiled with it; when a whole Citie or Countrey may be charged with one mans murder, and brought to punishment for it, if they doe not solemnly testifie their clearenesse from it.
and it be not knowne] Upon diligent enquiry after the bloudguilty person.
V. 2. they shall measure] If there be any doubt concerning the distance or neernesse of it to the place of the slaine.
V. 3. which is next] Since the guiltie person may be most like to lurke there, or thence to have come to doe the murder, or there to have conceived or plotted the execution of it; or because they that were next, it is like might have the first notice of that wicked act, and had therefore the advantage of other places for a seasonable pursuit and apprehension of the murderer.
yoke] The like is said of the sacrifice of the red Cow, Numb. 19. 2. which as it was a type of Christ had a sutable signification unto it. See the Annot. on that place: but here being killed for, or in stead of the murderer, which should have suffered if he had beene taken; it may signifie an unruly wrathfull man, not subject to the yoke of reason or conscience, and so a sonne of Belial, that is, one without yoke: See Annot. on Chap. 13. v. 13.
V. 4. rough valley] A place which of it selfe was to be abhorred, to make the thought of murder more horrible. The Hebrew word Nahhal, is put sometimes for a brook, or for a valley. It signifieth properly a declive place, or a place of descent, where waters usually fall, and come together, although there be no water in it: and the word Ethan, rendered here by rough, signifieth strong; as either fortified by hils round about it, or having hard and strong things in it, as rocks or stones.
strike off] Signifying that the murderer deserved to be so used, and that they, if they had him, would doe capitall execution upon him.
V. 5. by their word] See Annot. on Chap. 17. 11.
V. 6. wash their hands] Murder defileth the hands with bloud, Isa. 1. 15. and washing the hands was a ceremonie of clearing a mans selfe from the guilt of it, as we see in Pilate, Matth. 27. 24.
V. 7. this bloud] By this it seemes either the slaine man was brought where the Heifer was kild, or the Heifer to the place where the slaine man lay.
neither have our] We neither saw the deed when it was done, nor knew the living man that slew the slaine.
V. 8. Be mercifull] This was the prayer which the Priest made in the audience of the people.
lay not innocent bloud] That is, the bloud of the slaine. But if they were not guilty of it, what need they pray for mercy; or that the guilt might not be imputed unto them? Because it was not enough not to have their hands or hearts polluted with so hainous a crime, but they must so farre cleare themselves from it, as in this manner, to shew their detestation of it, else they were to be reputed, and deserved to be punished as guilty, though not in so high a degree as the murderer.
V. 9. So shalt thou put away] So speaketh Moses to the Priest, shewing that thus they might acquit themselves of the guilt of that fact, which otherwise in some degree would be charged upon them: See Annot. on Chap. 17. v. 7.
V. 12. shave her head] Which may be taken as a token of mourning for her finall parting from her parents, vers. 13. whom by that ceremonie she lamented, as to her utterly lost and dead, especially if they or either of them were killed in the warre; where is permitted unto her to mourne after the manner of her Countrey; or her head might be shaven for the reason alledged in the next Annot.
pare her nailes] The Originall hath no more but [she shall make her nailes] which some render that she shall make or suffer them to grow, or, let her nourish her nailes; and then the meaning may be, that the deformitie of her shaven head, and long nailes should allay the affections of him that tooke her, that he might not take her to wife, unlesse she would shew her selfe a true Convert to the right Religion. But most read the words pare her nailes, and the Originall word being rendered (as it is by some) make, or dresse; by dressing of her nailes may be meant paring of her nailes; and so it might be to admonish her to put off her former manners, and to betake her selfe to a contratie course; which is further implied by putting off the attire of her captivitie, (according to the custome of changing the garment in mourning, 2 Sam. 14. 2. See Josephus Antiq. l. 4. c. 8.) for she must revolt from her former Religion, and professe the Religion of the Hebrewes, else she was not to be taken to wife, Exod. 34. 16.
V. 13. bewaile her father] See Annot. on vers. 12.
a full monethmonth] That time was observed in mourning for A… ron, Numb. 20. 29. and for Moses, Deut. 34. 8. but withall there might be somewhat more in this matter, as that the man that tooke her might learne to be moderate in his desires, and to curbe his concupiscence in this monethly forbearance; and in that time he might be better acquainted with her disposition, and so he might the better judge whether she were fit or worthy to be his wife or no.
thy wife] This was permitted onelyonly in the warres, otherwise they could not marry strangers; nor so neither, but by such an especiall allowance as this is.
V. 14. no delight in her] If he were actually married, he had not liberty to leave her though he hated her, Chap. 22. vers. 13. 19. but if upon some purpose of marriage, or intemperate desires he had lien with her, (which is meant by humbling her, which though mentioned without reproofe is not allowed) and had not yet married her, she was of a captive to be made a free woman againe.
let her goe whither she will] Heb. thou shalt set her free to her soule. That is, give her power to doe according as her soule desireth; as in servitude the soule may be said to be subject to the higher power, Rom. 13. 1.
V. 15. have two wives] In this supposition pluralitie or more wives then one is not allowed, being contrary to the first institution of marriage, Gen. 2. 24. to which our Saviour reduceth the Pharisees for resolution of a matrimoniall question, Matth. 19. 4, 5. See Annot. on Gen. 4. 19. but presupposing the practice, he resolveth the case concerning the first-borne sonne of the hated wife, which was held also in second marriages.
V. 17. double portion] As if a man have two sonnes, his estate being divided into three parts, the first borne was to have two; the other, one; and if he have many sonnes, he is to have double to them, as he must have a third part for their sixth, a fourth for their eighth, a fifth for their tenth throughout.
the right of the first-borne is his] Except he deserve to be deprived of it, as Reuben did, Gen. 49. 3, 4. 1 Chron. 5. 1.
V. 18. voyce of his mother] For it is the mothers duty also to instruct her children, Prov. 1. 8. & 31. 1.
when they have chastened him] This goeth beyond words: and if this chastening will either not be received; or if thereby he be not bettered, then when all other meanes were fruitlesse, and hopelesse, the Magistrate was to be appealed unto.
V. 19. lay hold on him] Or, cause him to be apprehended.
V. 20. stubborne] Contumacie, or stubbornesse in a dissolute person shewes he is incorrigible, therfore he deserveth to die by the Law.
a glutton] Heb. an eater, or devourer of flesh, and a drinker, or carouser of wine: Because usually men are most excessive in such kind of meat and drinke; though there may be and is gluttony and drunkennesse committed in other meates and drinkes.
V. 21. stone him] Which death was also appointed to blasphemers and Idolaters; so that to disobey the parents, and to be stubborne against their authoritie, is an horrible sinne.
V. 23. all night] For Gods Law by his death being satisfied, he required not that there should be still a vis…ble monument, or remembrance of his wrath: See Josh. 10. 26. but it was otherwise in the case of Saul and his sonnes, 2 Sam. 21. 9, 10.
accursed] A temporall curse it is to all that under goe it, Gal. 3. 13. which is seconded with an eternall malediction on such as die in their sinnes without repentance.
that thy land be not defiled] That there might not be a visible monument of an accursed thing to remain: there was a defilement, which was onelyonly a scandalous looking on the dead malefactors, whereby some might take occasion to murmur at the justice done upon them, and strangers might thinke the worse of Gods people for having such malefactors among them. Or, by these words, [that thy land be not defiled] may be meant that great offenders are to be put out of all manner of communion of men, being indeed vile as dung, Psal. 83. 10. which was to be covered in the earth, Deut. 23. 13.