A Relationship Guide (21:1-23)
Neal Pollard
There are two distinct subjects considered in this chapter. The first has to do with unsolved murders near an Israelite city (1-9). The second has to do with domestic issues, especially as it regards marriage and childrearing (10-23). We cannot forget that the Old Law served as both religious and national (political) guide. It was a God-centered law meant to lead them in every aspect of life. While we are dual citizens today, of our nation and of a spiritual institution, by following Christ’s law (Gal. 6:2) we make better citizens, neighbors, spouses, parents, children, etc.
What to do with a murder mystery (1-9). Moses covers a practical matter, that of a dead body found in open country the circumstances surrounding which are unknown (1). First, a determination is to be made concerning which city it is closest to (2). Second, the elders in the closest city are to perform a ritual to shield it from bloodguiltiness (3-9). This consists of slaughtering an unbroken heifer which the priests offer as atonement to make the people of that city innocent of the deceased’s blood.
What to do with a captive bride (10-14). As they prepare to conquer, God anticipates a scenario which would no doubt repeatedly play out. A man finds a woman among their enemies he finds beautiful and he takes captive (10-11). Her head is to be shaved, her nails trimmed, her wardrobe made to conform with that of the Israelites, and she is to be given a month to mourn her parents (12-13). If after that the man is not pleased with her, she must be set free with no strings attached. She cannot be sold or mistreated because she has been humiliated (14). Note the mechanisms of deterrence which no doubt discouraged the wanton practice of this sort.
What to do with an unloved wife (15-17). This is in a case like Jacob’s, in his obvious preference for Rachel over Leah. If a man has two wives, one loved and one “unloved,” the right of the firstborn must be honored. There was no way for him to circumvent the chronological order of the birth of his sons. If the unloved wife bore him the first son, that son must be honored with the rights of the firstborn (reviewed in verse 17).
What to do with a rebellious son (18-21). If parents have a stubborn and rebellious son, so incorrigible that he will not profit from even discipline and punishment, they have the mandate to bring him out to the elders of the city to be judged (19). The parents, testifying to his sin (20), would trigger the citywide stoning of this son (21). What a sobering deterrent this would be!
What to do with a capital criminal (22-23). Moses omits the adjudicating process in the case of one who does something worthy of death (see such passages as 27:15-26 or Leviticus 19-21). Here, he simply deals with the sentencing. That person is to be hanged, then buried the same day in order to avoid defiling the land they will have inherited (23). Here, Moses says in parenthetical observation, “for he who is hanged is accursed of God.” Paul quotes this and applies it to Christ in Galatians 3, saying, “Christ redeemed us from the curse of the Law, having become a curse for us—for it is written, ‘Cursed is everyone who hangs on a tree’” (13). We have subtle reminders in this chapter of the difficulty of keeping the Old Law. What we could not do, Jesus did by becoming sin for us though He did no sin (2 Cor. 5:21). Unlike this condemned soul in Deuteronomy 21, Jesus was innocent and instead took on the guilt of our sins by “hanging on a tree.”
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