Case of Murder

1

If the corpse of a slain man is found in the land which the Lord, your God, will give you, and it is not known who killed him,

2

your judges and leaders shall go out to measure the distance between the victim and the surrounding cities to

3

determine which city is nearest to the dead man. And the leaders of that city shall take a calf that has never been used for work or borne a yoke.

4

And they shall bring it down to an overflowing brook, to a place which has never been plowed or sown, and there they shall break its neck.

5

The priests, descendants of Levi, shall be present, for the Lord chose them to minister and give the blessings in his name, and they decide on all lawsuits or criminal cases.

6

Then all the elders of the city nearest to the man found dead shall wash their hands in the brook over the calf whose neck was broken.

7

And they shall pronounce these words,

“Our hands did not shed this blood, and our eyes did not see it.

8

Forgive, O Lord, your people of Israel whom you rescued, and do not charge them with this shedding of innocent blood.”

9

So they shall be absolved from this blood; you shall have removed from your midst the guilt of innocent blood and have done what is right in the eyes of the Lord.

 

Law on Prisoners of War

10

When you go to war against your enemies, and the Lord, your God, delivers them over to you,

11

if you see among the captives a beautiful woman, and you fall in love with her and desire to have her as your wife,

12

you shall bring her to your house. First, she shall shave her head and clip her nails.

13

She shall take off the dress of a captive and stay in your house. And she will mourn for her father and mother for a month, after which you may have relations with her. So you shall be her husband, and she shall be your wife.

14

If, in time, she no longer pleases you, you shall set her free. You shall not sell her for money nor make her your slave since you have taken her by force.

 

Rights of the Eldest Son

15

When a man has two wives and prefers one to the other, supposing that both of them bear him children, and the firstborn is the son of the wife he loves less,

16

then on the day he divides the inheritance among his children, he cannot give the right of the firstborn to the son of the woman he prefers, at the expense of the true firstborn who is the son of the woman he loves less.

17

On the contrary, he should recognize the child of the woman he loves less as the firstborn and give him a double share of all his property. He is his firstborn, and to him belongs the right of the firstborn.

 

The Case of the Rebellious Son

18

If a man has a stubborn and rebellious child who does not pay attention to what his father or mother commands and does not listen to them when they call him,

19

his parents shall seize him and bring him before the leaders of the city, to the gate of judgment,

20

and shall say to them: “This son of ours is stubborn and rebellious, he does not pay any attention to us; he is spoiled and a drunkard.”

21

Then all the men of this town shall stone him to death. In this way shall you banish evil from your midst, and all Israel, upon knowing this, shall fear.

 

The Executed

22

If a man, guilty of any crime that deserves death, has been put to death by hanging him on a tree,

23

his body must not remain hanging there through the night. But you shall bury him on the same day because the hanged man is a curse of God. So you shall not defile the land that the Lord, your God, gives you as an inheritance.

Commentaries

21:1 - 21:9

Case of Murder.

A significant concern for the Israelites was bloodshed, which could bring severe misfortunes and emphasize the importance of protecting life; therefore, this case involves the discovery of a dead body without knowing who the culprit is. The situation could not be ignored; simply finding a corpse made the person who discovered it responsible for the crime. It was then decided that the residents of the nearest village to the corpse were required to atone for the guilt (2s). By following the rite described in verses 3-6, the guilt is transferred to a heifer that has not yet been used for plowing, and the formula in verses 7f is recited, thus absolving Israel of all guilt related to bloodshed. 

21:10 - 21:14

Law on Prisoners of War.

At a time when there was little concern for gender equality, this law regarding the treatment of prisoners of war marked a notable step forward. It requires a radical change for her, involving uprooting from her family (13) and starting a new life as an Israelite (12f) without the right to express herself freely; however, certain conditions for fair treatment are outlined regarding her dismissal or rejection: she must not be sold; no transactions should be made with her after she has been taken as a woman (14). The woman, as the primary family member, leads this section; what stands out most is her extreme situation: as a prisoner of war.

21:15 - 21:17

Rights of the Eldest Son.

This law contrasts with the cases of Abraham’s firstborn, Ishmael, and Isaac’s firstborn, who was not Jacob but Esau. They were not children of the “dearest” woman, yet they were firstborns and still had to accept that their younger brother would inherit. This behavior, which has been common in Israel, aimed to correct unfair attitudes toward the eldest son. It is possible that a father, in an attempt to flatter one of his wives, would neglect to protect his firstborn son because he was the son of the least favored wife. 
This was a time when polygamy was common (cf. 1 Sm 1:2; 2 Sm 5:13; 1 Kgs 11:1-3). It is not intended to criticize polygamy; rather, it is about protecting the property of the rightful heir.

21:18 - 21:21

The Case of the Rebellious Son.

This passage describes a problem with a stubborn son, possibly showing conflicts among brothers over inheritance (21:15-17). The family ideally should be the best place for a child’s first lessons. But when issues come up with a rebellious son, the community’s elders are called in. Interestingly, there is no process for correcting a wayward son; instead, he is immediately stoned to death. Where is justice in this? It seems to act as a “pedagogical” method meant to encourage parents to discipline their children carefully, so they wouldn’t have to take the extreme step of handing their children over to be stoned by the community’s men. 

21:22 - 21:22

The Executed.

The theme of the executioner originates from the person who had to be stoned by community members. The method of execution did not involve hanging from a tree; instead, a person was not executed by hanging, but once executed, the defendant was sometimes displayed from a tree as a warning to others. However, this display ended at sunset, and he had to be buried the same day to prevent bringing a curse or impurity to the earth. This passage serves as an argument for the executioners of Jesus to hasten his death along with his two companions; according to the Law, they had to be buried the same day. For his part, St. Paul sees in the image of Jesus hanging on the cross a profound teaching for the Galatians: Jesus Christ has taken upon himself the curse of God (Gal 3:13). 


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