Deuteronomy 21:13
Ver. 13. And she shall put the raiment of her captivity from off her,.... Her beautiful garments, and gay apparel, in which she was taken captive; and which tended to stir up the stronger affection for her, and greater desire after her; and therefore, as some think, were ordered to be removed, to abate the ardour of love to her. Jarchi observes, that the daughters of the Gentiles used to adorn themselves in war, that they might cause others to commit fornication with them; and another writer before referred to says {o}, the daughters of Heathens used to adorn themselves in raiment of silk, and purple, and fine linen, and needlework, to allure and entice men with them; and therefore the law obliges to put off her beautiful garments, and clothe her with old worn out ones, that she might be less agreeable to him; though the putting off her fine clothes, and being clad with sordid ones, might be only as a token of mourning; as it was customary at such times to lay aside richer clothing, and put on sackcloth, Jon 3:6
and shall remain in thine house: shut up there, and never stir out, as the same writer interprets it. Maimonides {p} says, that she was to be with him in the house, that going in and out he might see her, and she become abominable to him; though perhaps it was only that he might have an opportunity of observing her manners, and of conversing with her, in order to make a proselyte of her; so the Targum of Jonathan interprets it of dipping herself, and becoming a proselytess in his house; or else, as the rest, her abiding in the house, and not going out, might be on account of mourning, as follows:
and bewail her father and her mother a full month; who were either dead in the battle, or however she had no hope of seeing them any more, being a captive, and likely to be settled in another man's house in a foreign country, and so take her farewell of her father's house in this mournful manner. The Jews are divided about the sense of these words; some take them simply to signify her parents, others her idols, according to Jer 2:17. The Targum of Jonathan is,
"and weep for the idols of the house of her father and her mother;''
meaning not for the loss of them, but for the idolatry of her father's house she was now convinced of, being become a proselytess, according to the paraphrast; but the last seems only to have respect to the loss of her father and mother, which she was to bewail a whole month, or "a moon of days" {q}; as many days as the moon is going its course, which it finishes in twenty seven days, seven hours, and forty three minutes, and this is called the periodical month; but is longer in passing from one conjunction of it with the sun to another, called the synodical month, and its quantity is twenty nine days, twelve hours, and forty four minutes. Maimonides {r} says, she was to stay in his house three months, one month of mourning, and two after that, and then he was to marry her. The reason of this the Targum of Jonathan explains, by paraphrasing the words thus,
"and shall stay three months, that it may be known whether she is with child;''
that is, by his lying with her before when taken with her beauty, that so he might distinguish this child begotten on her in Heathenism, from what he might have by her after marriage, which is supposed to be the case of Tamar and Absalom; but as there is no foundation in the text for a permission to lie with her before marriage, so neither for these additional months; only one month was required, which was the usual time for mourning for deceased relations; see Nu 20:29and after that thou shalt go in unto her; and not before:and be her husband, and she shall be thy wife he continuing to love her, and she having become a proselytess.{o} R. Abraham Seba in Tzeror. Hammor, fol. 146. 2. {p} Ut supra. (Hilchot Melachim, c. 8. sect. 2.) {q} Mymy xry "luna dierum", Montanus, Piscator, Grotius. {r} Ut supra (Hilchot Melachim, c. 8.), sect. 6. Deuteronomy 21:14Ver. 14. And it shall be, if thou have no delight in her;.... Either some time after marriage:then thou shalt let her go whither she will; by a bill of divorce, as the Targum of Jonathan, who understands it in this sense, and as the connection of the words seems to require; or else before marriage, at the month's end, or any time before, that if his affections cooled towards her, and all the above methods tended to abate his love of her, then he was obliged to dismiss her, or to grant her her freedom, and let her go wherever she pleased; she was no longer his captive, nor his servant:but thou shalt not sell her at all for money; as he might have done if he had not made such a proposal to her, and obliged her to the observance of such rites and ceremonies as he did, in order to make her his wife:thou shalt not make merchandise of her; which seems to express the same thing, and therefore something else is rather intended; as that he should neither make any gain of her by selling her to another, nor retain her in his own service, nor make use of her as a slave; so Jarchi says, that in the Persian language they call service by this word, and which also he says he learnt from an eminent writer of theirs, R. Moses Hadarsan; with which Maimonides {s} agrees, who explains it, shall make no use of her service, or serve himself by her; he should have no profit by her, either by sale, or servitude:because thou hast humbled her; which phrase it must be owned is often, used of unlawful commerce with a woman, of defiling her, or violating her chastity; and so may seem to confirm the notion of those who think that he lay with her before he took her to his house, and therefore, upon a refusal to marry her afterwards, was obliged to this loss; though the word signifies any kind of affliction, as this was a very great one, a great mortification to her, to be taken into his house, to have her head shaved, and her nails pared, or suffered to grow, and her fine clothes changed for sordid ones; and all this with a profession of a design to marry her, and yet after all is deceived and disappointed by him; wherefore for such a conduct toward her he was obliged to give her her freedom.{s} Ut supra. (Hilchot Melachim, c. 8. sect. 2.) Deuteronomy 21:15Ver. 15. If a man have two wives,.... Which is supposed, but not approved of, though permitted because of the hardness of men's hearts; for it was not so from the beginning, when only one man and one woman were created, and joined together in marriage; but as it was connived at, and become customary, a law is made to prevent confusion, and preserve order in families:one beloved and another hated; or less loved, yet continued his wife, and not divorced. Aben Ezra observes, this follows upon the former, because it is there said, that though first he had a desire to her (the captive beautiful woman), yet afterwards had no delight in her:and they have borne him children both, the beloved and the hated; as Rachel and Leah did to Jacob, who were, the one very much beloved by him, and the other less:and if the firstborn son be hers that was hated; or not so much beloved as the other, as was the case in the above instance. Deuteronomy 21:16Ver. 16. Then it shall be, when he maketh his sons to inherit that which he hath,.... By a will in writing, or byword of mouth, or by a deed of gift, actually bestowing his goods upon them, and dividing among them what he is for the present possessed of; see Lu 15:12,that he may not make the son of the beloved firstborn before the son of the hated, [which is] indeed the firstborn; that is, when such is the case, that the son of his wife he has the least value for is really his firstborn, he may not, through favour and affection to the wife he loves better, prefer her son, and declare him to be the firstborn, by devising to him or bestowing on him the double portion of his goods; for so to do would not be right, or agreeably to the will and law of God; for though previous to this law the birthright was given to Joseph, the eldest son of Rachel, the most beloved wife of Jacob, before Reuben who was the son of Leah, less beloved by him, and was in fact his firstborn; yet this was owing to the sin of Reuben, and by the appointment of God; see Ge 49:3. Deuteronomy 21:17Ver. 17. But he shall acknowledge the son of the hated for the firstborn,.... Own him and declare him to be so, both by his will and the division of goods by him; or he shall "separate" him, as Onkelos; distinguish him from all his other sons, and make known to all, as the Targum of Jonathan, that he is his firstborn:by giving him a double portion of all that he hath; or, "that is found with him" {t}; which he was in the possession of when he made his will, or divided his goods; and so refers not to what might come into his hands afterwards, or should be his in reversion afterwards; in this the firstborn had not his double portion, only in what his father was for the present possessed of; so that if a man had two sons, his goods were divided into three parts, and the firstborn took two parts, and the other the third; if three sons, they were divided into four parts, of which the firstborn had two parts, and the others each of them one; if four sons, they were divided into five parts, and the firstborn took two, and the other three one apiece, and so in proportion; the division was made according to their number:for he is the beginning of his strength; as Jacob said, of Reuben,See Gill on "Ge 49:3" the right of the firstborn is his; before this law was given, there was a birthright, or a privilege belonging to the firstborn, which gave him the preeminence in the family to his brethren; but whether he was entitled to a double portion of goods, previous to this law, is not certain; however, by this it was his right, and might not be alienated from him; for, according to the Jewish canons {u},"if a man say, such an one my son, the firstborn, shall not take the double portion, and my son such an one shall not inherit with his brethren, he says nothing, cause he disposes contrary to what is written in the law.''This law of the firstborn in the mystery of it may respect our Lord Jesus Christ, the firstborn of God, and the firstborn of Mary; and who had a double portion of the gifts and grace of the Spirit, or rather the Spirit without measure, the oil of gladness he was anointed with above his fellows, and is the firstborn among many brethren, among whom in all things he has the preeminence; and also the elect of God, the church of the firstborn, whose names are written in heaven, who have a double portion, both temporal and spiritual things, the promise of this life and that to come, grace here and glory hereafter; and the ultimate glory is but one inheritance, they all share alike in, being equally children, and all firstborn; and it may have regard also to the Jewish and Gentile churches, the former was the beloved wife, the latter some time not beloved, and yet the children of the Gentile church have a larger measure of the Spirit than those of the jewish church had; see Ro 9:25.{t} wl aumy rva "quod inventum fuerit ei", Pagninus, Montanus., {u} Misn. Bava Bathra, c. 8. sect. 5. Deuteronomy 21:18Ver. 18. If a man have a stubborn and rebellious son,.... It is observed {w} that this law quickly follows, and is subjoined to that which relates to the marriage of a woman taken captive, because often from such marriages wicked and refractory children have sprung, and which they exemplify in the case of Absalom, whose mother they say David took in war and married: the character of such a son follows, and by which it may be known that he is stubborn and rebellious; stubborn in his nature, and rebellious in his actions; behaves contrary to the laws of God, and the instructions of his parents; what he should do, that he does not; and what he should not do, that he does; will not do what is commanded him, and will do what is forbidden him, notwithstanding all counsels, admonitions, and corrections given him;which will not obey the voice of his father, or the voice of his mother; is disobedient to the commands of either of them; seePr 30:17 and, when they have chastened him, will not hearken to them; when they have reproved him by words, and corrected him with blows; the Jews understand this of scourging or beating by the order of the sanhedrim, after admonition given; it is said {x},"they admonish him before three (a court of judicature consisting of three judges), and they beat him; but it seems rather to respect private corrections of their own by words and stripes, which having no effect, they were to proceed as follows.''{w} Moses Kotensis Mitzvot Torah, pr. affirm. 122. Kimchi in 2 Sam. 3. 3. {x} Misn. Sandedrin, c. 8. sect. 4. Deuteronomy 21:19Ver. 19. Then shall his father and his mother lay hold on him,.... With their own hands, or cause him to be apprehended by others, in which they were to agree, and which the Jews gather from hence;"if (say they {y}) the father is willing (to bring him to justice), and the mother not willing, if his father is not willing and the mother is willing, he is not reckoned a stubborn or rebellious son, until they both agree:''and bring him out unto the elders of his city; according to the Misnah {z}, the sanhedrim, or court of judicature, consisting of twenty three; for they say, that after he has been admonished and scourged by order of the bench of three, if he returns to his corrupt and wicked ways again, he is judged by the court of twenty three:and unto the gate of his place; or city, where the court sat; so the Targums of Onkelos and Jonathan, to the gate of the sanhedrim of his place.{y} Misn. Sanhedrin, c. 8. sect. 4. {z} Ibid. Deuteronomy 21:20Ver. 20. And they shall say unto the elders of his city,.... In open court, what follows, at the same time, according to the Targum of Jonathan, acknowledging their own sins, for which such a calamity had befallen them, saying,"we have transgressed the decree of the word of the Lord, because is born unto us a son that is stubborn, &c.''see Joh 9:2this our son is stubborn and rebellious, he will not obey our voice; one of an obstinate disposition, will have his own will and way, is perverse and refractory; honours not, but despises his parents, and is disobedient to their commands, unruly and ungovernable: the Jews gather {a} many things from hence, for which there is little foundation, as that they must be neither dumb, nor blind, nor deaf; though what they further observe is not much amiss, concerning this rebellious child, that the law respects a son and not a daughter, because a daughter generally is more tractable; and less capable of doing mischief than a son; and a son and not a man, for if at man's estate, and for himself, he is not under the power of his parents; and yet not a child or a little one, for that is not comprehended in the commands; he must be according to them thirteen years of age and one day, and he must be a son and not a father {b}:[he is] a glutton and a drunkard; which, according to the Misnah {c}, is one that eats half a pound of flesh, and drinks half a log of Italian wine; R. Jose says, a pound of flesh and a log of wine; but the decision was not according to him; the first rule stood: now half a pound of flesh, and half a log of wine, which was about three egg shells, or a quarter of a pint, would be at this day reckoned very little by our grandsons of Bacchus, as Schickard observes {d}; but in an age of severer discipline, as he says, in the tender candidates of temperance, it was reckoned too much, and was a presage of a future glutton: and it must be further observed to denominate him a rebellious son, what he ate and drank was to be what he stole from his parents, and did not eat and drink it at home, but abroad, and in bad company; so Jarchi remarks on the text, he is not guilty until he steals, and eats half a pound of flesh, and drinks half a log of wine; in which he seems to have respect to the Jewish canon {e},"if he steals from his father and eats it in a place in his father's power, or from others and eats it in a place in their power, or from others and eats it in a place in his father's power; he is not reckoned a stubborn and rebellious son, unless he steals from his father, and eats it in a place in the power of others,''see Pr 23:20, the Jews seem to refer to this when they charged Christ with being a glutton and a winebibber, Mt 11:19 being desirous of having him thought as such an one.{a} Misn. Sanhedrin, c. 8. sect. 4. {b} Ut supra, (Misn. Bava Bathra, c. 8.) sect. 1. Maimon. & Bartenora in ib. {c} Ib. sect. 2. {d} Jus Regium Heb. c. 5. Theor. 17. p. 364. {e} Misn. Sanhedrin, c. 8. sect. 3. Deuteronomy 21:21Ver. 21. And all the men of his city shall stone him with stones, that he die,.... The populace; that is, after his trial is finished, and he is condemned to die; and he was not stoned until the three first judges were there (by whom he was admonished, and ordered to be beaten), as it it said, "this is our son", this is he that was beaten before you {f}; and according to the Targum of Jonathan,"if he feared (God, and showed any token of repentance) and received instruction, and they (his parents) desired to preserve him alive, they preserved him; but if he refused and was rebellious, then they stoned him;''but the Jews say this law, and that of retaliation, were never put into execution:so shalt thou put away evil from among you; put a stop to, and prevent such an evil for the future, and remove the guilt of it; or, as the Targum of Jonathan, him that doeth that evil:and all Israel shall hear, and fear; it being to be publicly notified throughout the land, that such an one suffered death for such a crime, which would be a means of deterring others from the same; so Jarchi remarks,"here (says he) a proclamation was necessary to be made by the sanhedrim, as that such an one was stoned because he was stubborn and rebellious;''for the mystical sense of this see Eph 2:2.{f} Misn. Sanhedrin, c. 3. sect. 4. Deuteronomy 21:22Ver. 22. And if a man have committed a sin worthy of death,.... This before mentioned, or any other that deserves death, any kind of death, as strangling, killing with the sword, burning and stoning, to which the Jews restrain it here:and he be to be put to death, and thou hang him, on a tree; is condemned to stoning, and after that they hang him, as the Targum of Jonathan; and according to the Jewish Rabbins, as Jarchi observes, all that were stoned were to be hanged, and only men, not women {g}; for it is remarked that it is said "him" and not "her" {h}: about this there is a dispute in the Misnah {i};"all that are stoned are hanged, they are the words of R. Eliezer; but the wise men say none are to be hanged but the blasphemer and idolater; a man is to be hanged with his face to the people, a woman with her face to the tree, they are the words of R. Eliezer; but the wise men say, a man is to be hanged, but no woman, to whom R. Eliezer replied, did not Simeon Ben Shetach hang women in Ashkelon? they answered him, he hung eighty women (at once), but they do not judge or condemn two in one day;''so that this was a particular case at a particular time, and not be drawn into an example: in the same place it is asked,"how they hang one? they fix a beam in the earth, and a piece of wood goes out of it (near the top of it, as one of the commentator {k} remarks), and join his two hands together and hang him;''that is, by his hand, not by his neck, as with us, but rather in the crucifixion; only in that the hands are spread, and one hand is fastened to one part of the cross beam, and the other to the other end.{g} Misn. Sotah, c. 3. sect. 8. {h} Maimon. & Bartenora in. ib. {i} Misn. Sanhedrin, c. 6. sect. 4. {k} Bartenora in Misn. Sanhedrin, c. 6. sect. 4. Deuteronomy 21:23Ver. 23. His body shall not remain all night upon the tree,.... Which is to be understood of any and everyone that was hanged, and not of the rebellious son only; of whom Josephus {l} says, that he was to be stoned by the multitude without the city, and having remained a whole day for a spectacle unto all, was to be buried at night; and indeed such a person was not to remain hanging on the tree any part of the night, but to be taken down at sun setting; so the Targum of Jonathan,"ye shall bury him at sun setting;''so says Maimonides {m}, they hang a man near the setting of the sun and loose him immediately, and if he continues they transgress a negative precept, "his body shall not remain", &c. yea, according to him and to the Misnah {n}, and which agrees with the practice of the Jews to this day, not only those that were put to death by the sanhedrim, but whoever suffered his dead to remain unburied a night transgressed a negative command, unless he kept him for his honour, to get for him a coffin and shroud:but thou shalt in any wise bury him in that day: by all means, if possible; malefactors were not buried in the sepulchre of their fathers, but there were two burying places provided by the sanhedrim, one for those that were stoned and burnt, and another for those that were killed with the sword and strangled {o}; and even the instruments of their death were to be buried also, as Maimonides {p} relates, the tree on which he is hanged is buried with him, that there may be no remembrance of the evil, and they say, this is the tree on which such an one was hanged; and so the stone with which he is stoned, and the sword with which he is killed, and the napkin with which he is strangled, all are buried in the place where he is put to death, but not in the grave itself:for he that is hanged is accursed of God: plainly appears to be so, having committed some foul sin which has brought the curse of God upon him, and which being hanged on a tree was a plain proof and declaration of; and therefore having hereby suffered the rigour of the law, the curse of it, his body was ordered to be taken down; for the words are not a reason of his being hanged, but a reason why being hanged, and so openly accursed, he should not remain hanging, but be taken down and buried: the meaning is not, as Onkelos gives it, that"because he sinned before the Lord he is hanged,''and particularly was guilty of blasphemy; which is given as the reason of his being hanged, and as the sense of this passage; on the mention of which it is said {q},"it is as if he should say, wherefore is he hanged? because he cursed God, and the name of God was found profaned:''but though this, or any other capital crime, may be allowed to be the reason of the man's being hanged, and so apparently accursed; yet this is not the reason of his being loosed from thence, but his having bore the curse and satisfied the law: and hence this is applied to Christ by the apostle, in Ga 3:13 showing, that his hanging on the tree was an indication and proof of his being made sin and a curse for his people, or that he bore the curse of the law for their sins, and that the taking of him down from the tree, and burying him, signified the removing the curse from him and his people for whom he suffered; or that thereby he redeemed them from the curse of the law, as the apostle expresses it:that thy land be not defiled, which the Lord thy God giveth thee for an inheritance: which is another reason for taking down the body from the tree and burying it, lest the land of Canaan, which the Lord had given them for an inheritance, and which was typical of the undefiled inheritance, 1Pe 1:4 should be polluted, both in a natural sense, through the putrefaction and corruption, and the disagreeable smell of a dead body, and in a ceremonial sense, as every carcass was defiling, if a person but entered where it was; and therefore a dead body was not to be left hanging openly in the air, and rotting there.{l} Antiqu. l. 4. c. 8. sect. 24. {m} Hilchot Sanhedrin, c. 15. sect. 7. {n} Sanhedrin, c. 6. sect. 5. {o} Sanhedrin, c. 6. sect. 5. {p} Ut supra, (Hilchot Sanhedrin, c. 15.) sect. 9. {q} Misn. Sanhedrin, c. 6. sect. 4.
John Gill's Exposition of the Entire Bible.