DEU 21

Deuteronomy 21:22

WEB

If a man has committed a sin worthy of death, and he is put to death, and you hang him on a tree,

BSB

If a man has committed a sin worthy of death, and he is executed, and you hang his body on a tree,

KJV

¶ And if a man have committed a sin worthy of death, and he be to be put to death, and thou hang him on a tree:

Matthew Henry

Verses 18–23

Deuteronomy 21:18–23

Here is, I. A law for the punishing of a rebellious son. Having in the former law provided that parents should not deprive their children of their right, it was fit that it should next be provided that children withdraw not the honour and duty which are owing to their parents, for there is no partiality in the divine law. Observe,

1. How the criminal is here described. He is a stubborn and rebellious son, Deu 21:18. No child was to fare the worse for the weakness of his capacity, the slowness or dulness of his understanding, but for his wilfulness and obstinacy. If he carry himself proudly and insolently towards his parents, contemn their authority, slight their reproofs and admonitions, disobey the express commands they give him for his own good, hate to be reformed by the correction they give him, shame their family, grieve their hearts, waste their substance, and threaten to ruin their estate by riotous living - this is a stubborn and rebellious son. He is particularly supposed (Deu 21:20) to be a glutton or a drunkard. This intimates either, (1.) That these were sins which his parents did in a particular manner warn him against, and therefore that in these instances there was a plain evidence that he did not obey their voice. Lemuel had this charge from his mother, Pro 31:4. Note, In the education of children, great care should be taken to suppress all inclinations to drunkenness, and to keep them out of the way of temptations to it; in order hereunto they should be possessed betimes with a dread and detestation of that beastly sin, and taught betimes to deny themselves. Or, (2.) That his being a glutton and a drunkard was the cause of his insolence and obstinacy towards his parents. Note, There is nothing that draws men into all manner of wickedness, and hardens them in it, more certainly and fatally than drunkenness does. When men take to drink they forget the law, they forget all law (Pro 31:5), even that fundamental law of honouring parents.

2. How this criminal is to be proceeded against. His own father and mother are to be his prosecutors, Deu 21:19, Deu 21:20. They might not put him to death themselves, but they must complain of him to the elders of the city, and the complaint must needs be made with a sad heart: This our son is stubborn and rebellious. Note, Those that give up themselves to vice and wickedness, and will not be reclaimed, forfeit their interest in the natural affections of the nearest relations; the instruments of their being justly become the instruments of their destruction. The children that forget their duty must thank themselves and not blame their parents if they are regarded with less and less affection. And, how difficult soever tender parents now find it to reconcile themselves to the just punishment of their rebellious children, in the day of the revelation of the righteous judgment of God all natural affection will be so entirely swallowed up in divine love that they will acquiesce even in the condemnation of those children, because God will be therein for ever glorified.

3. What judgment is to be executed upon him: he must publicly stoned to death by the men of his city, Deu 21:21. And thus, (1.) The paternal authority was supported, and God, our common Father, showed himself jealous for it, it being one of the first and most ancient streams derived from him that is the fountain of all power. (2.) This law, if duly executed, would early destroy the wicked of the land. (Psa 101:8), and prevent the spreading of the gangrene, by cutting off the corrupt part betimes; for those that were bad members of families would never make good members of the commonwealth. (3.) It would strike an awe upon children, and frighten them into obedience to their parents, if they would not otherwise be brought to their duty and kept in it: All Israel shall hear. The Jews say, "The elders that condemned him were to send notice of it in writing all the nation over, In such a court, such a day, we stoned such a one, because he was a stubborn and rebellious son." And I have sometimes wished that as in all our courts there is an exact record kept of the condemnation of criminals, in perpetuam rei memoriam - that the memorial may never be lost, so there might be public and authentic notice given in print to the kingdom of such condemnations, and the executions upon them, by the elders themselves, in terrorem - that all may hear and fear.

II. A law for the burying of the bodies of malefactors that were hanged, Deu 21:22. The hanging of them by the neck till the body was dead was not used at all among the Jews, as with us; but of such as were stoned to death, if it were for blasphemy, or some other very execrable crime, it was usual, by order of the judges, to hang up the dead bodies upon a post for some time, as a spectacle to the world, to express the ignominy of the crime, and to strike the greater terror upon others, that they might not only hear and fear, but see and fear. Now it is here provided that, whatever time of the day they were thus hanged up, at sun-set they should be taken down and buried, and not left to hang out all night; sufficient (says the law) to such a man is this punishment; hitherto let it go, but no further. Let the malefactor and his crime be hidden in the grave. Now, 1. God would thus preserve the honour of human bodies and tenderness towards the worst of criminals. The time of exposing dead bodies thus is limited for the same reason that the number of stripes was limited by another law: Lest thy brother seem vile unto thee. Punishing beyond death God reserves to himself; as for man, there is no more that he can do. Whether therefore the hanging of malefactors in chains, and setting up their heads and quarters, be decent among Christians that look for the resurrection of the body, may perhaps be worth considering. 2. Yet it is plain there was something ceremonial in it; by the law of Moses the touch of a dead body was defiling, and therefore dead bodies must not be left hanging up in the country, because, by the same rule, this would defile the land. But, 3. There is one reason here given which has reference to Christ. He that is hanged is accursed of God, that is, it is the highest degree of disgrace and reproach that can be done to a man, and proclaims him under the curse of God as much as any external punishment can. Those that see him thus hang between heaven and earth will conclude him abandoned of both and unworthy of either; and therefore let him not hang all night, for that would carry it too far. Now the apostle, showing how Christ has redeemed us from the curse of the law by being himself made a curse for us, illustrates it by comparing the brand here put on him that was hanged on a tree with the death of Christ, Gal 3:13. Moses, by the Spirit, uses this phrase of being accursed of God, when he means no more than being treated most ignominiously, that it might afterwards be applied to the death of Christ, and might show that in it he underwent the curse of the law for us, which is a great enhancement of his love and a great encouragement to our faith in him. And (as the excellent bishop Patrick well observes) this passage is applied to the death of Christ, not only because he bore our sins and was exposed to shame, as these malefactors were that were accursed of God, but because he was in the evening taken down from the cursed tree and buried (and that by the particular care of the Jews, with an eye to this law, Joh 19:31), in token that now, the guilt being removed, the law was satisfied, as it was when the malefactor had hanged till sun-set; it demanded no more. Then he ceased to be a curse, and those that were his. And, as the land of Israel was pure and clean when the dead body was buried, so the church is washed and cleansed by the complete satisfaction which thus Christ made.

Cross-references: Deut 21:18 · Deut 21:20 · Prov 31:4 · Prov 31:5 · Deut 21:19 · Deut 21:21 · Ps 101:8 · Deut 21:22 · Gal 3:13 · John 19:31

Hebrew interlinear

H3588

כִּיkîy/kee/

conj — relative conjunction

Derivation: a primitive particle (the full form of the prepositional prefix) indicating causal relations of all kinds, antecedent or consequent;

(by implication) very widely used as a relative conjunction or adverb (as below); often largely modified by other particles annexed

KJV: and, (forasmuch, inasmuch, where-) as, assured(-ly), but, certainly, doubtless, else, even, except, for, how, (because, in, so, than) that, nevertheless, now, rightly, seeing, since, surely, then, therefore, (al-) though, till, truly, until, when, whether, while, whom, yea, yet.

כִּי

conj — that

כִּי conj. that, for, when

1. that

2.

a. Of time, when, of the past

b. elsewhere כִּי has a force approximating to if, though it usu. represents a case as more likely to occur than אִם

c. when or if, with a concessive force, i.e. though

3. Because, since

כִּי אם־

relative conjunction

כִּי אם־

1. each part. retaining its independent force, and relating to a different clause:

a. that if

b. for if

2. (About 140 t.) the two particles being closely conjoined, and relating to the same clause—

a. limiting the prec. clause, except

b. the if being neglected, and treated as pleonastic, so that the clause is no longer a limitation of the preceding clause but a contradiction of it: but rather, but

c. after an oath, surely

כִּי עַל כֵּן

forasmuch as

כִּי עַל כֵּן forasmuch as

H1961

הָיָהhâyâh/haw-yaw/

v — exist, be, become, come to pass

Derivation: a primitive root (compare 1933);

to exist, i.e. be or become, come to pass (always emphatic, and not a mere copula or auxiliary)

KJV: beacon, × altogether, be(-come), accomplished, committed, like), break, cause, come (to pass), do, faint, fall, follow, happen, × have, last, pertain, quit (one-) self, require, × use.

הָיָה

vb — fall out

הָיָה 3570 vb. fall out, come to pass, become, be

Qal

I.

1.

a. Fall out, happen

b. occur, take place, come about, come to pass

2. esp. & very oft., come about, come to pass

a.

(1). וַיְהִי and it came to pass that, most often (c. 292 t.)

(2). rarely also Pf. c. וְ conj. וְהָיָה

b. less oft. וְהָיָה Pf. consec. and it shall come to pass, or frequentat. came to pass (repeatedly, etc.)

II. Come into being, become

1.

a. abs., in lively narrative, arise, appear, come

b. sq. prep.

2. become

a. sq. pred. noun (to be viewed as implicit accus.)

b. sq. pred. adj.

c. become like

d. sq. pred. לְ pers.

e. sq. לְ pred.

f. oft. c. לְ pred. לְ pers.

g. with עַל and לְ

h. sts. c. לְ pers. only = became the property of, come into the possession of

III. Be (often with subbordinate idea of becoming)

1. exist, be in existence

2. abide, remain, continue

3. with word of locality, be in or at a place, be situated, stand, lie

4. as copula, joining subj. & pred.

5. periphrastic conjug.

Niph.

1. either be done, be brought about, or occur, come to pass

2. be done, finished, gone

H376

אִישׁʼîysh/eesh/

n-m — man

Derivation: contracted for 582 (or perhaps rather from an unused root meaning to be extant);

a man as an individual or a male person; often used as an adjunct to a more definite term (and in such cases frequently not expressed in translation)

KJV: also, another, any (man), a certain, champion, consent, each, every (one), fellow, (foot-, husband-) man, (good-, great, mighty) man, he, high (degree), him (that is), husband, man(-kind), none, one, people, person, steward, what (man) soever, whoso(-ever), worthy. Compare 802.

אִישׁ

n.m — man

אִישׁ 2166 n.m. man (= vir)

H2399

חֵטְאchêṭᵉʼ/khate/

n-m — crime, penalty

Derivation: from 2398;

a crime or its penalty

KJV: fault, × grievously, offence, (punishment of) sin.

חֵטְא

n.m — sin

חֵטְא n.m. sin

1. sin

2. guilt of sin

3. punishment for sin

H4941

מִשְׁפָּטmishpâṭ/mish-pawt'/

n-m — verdict, sentence, law, justice, right, privilege, style

Derivation: from 8199;

properly, a verdict (favorable or unfavorable) pronounced judicially, especially a sentence or formal decree (human or (participant's) divine law, individual or collective), including the act, the place, the suit, the crime, and the penalty; abstractly, justice, including a participant's right or privilege (statutory or customary), or even a style

KJV: adversary, ceremony, charge, × crime, custom, desert, determination, discretion, disposing, due, fashion, form, to be judged, judgment, just(-ice, -ly), (manner of) law(-ful), manner, measure, (due) order, ordinance, right, sentence, usest, × worthy, wrong.

מִשְׁפָּט

n.m — judgment

מִשְׁפָּט 422 n.m. judgment

1. judgment

2. justice, right, rectitude

3. ordinance

4. decision

5. one's (legal) right, privilege, due

6.

a. proper, fitting, measure

b. custom, manner

c. what manner of

d. plan

H4194

מָוֶתmâveth/maw'-veth/

n-m — death, dead, pestilence, ruin

Derivation: from 4191;

death (natural or violent); concretely, the dead, their place or state (hades); figuratively, pestilence, ruin

KJV: (be) dead(-ly), death, die(-d).

מָ֫וֶת

n.m — death

מָ֫וֶת 161 n.m. death

1. death, opp. life

2. death by violence

3. state of death or place of death

H4191

מוּתmûwth/mooth/

v — die, kill

Derivation: a primitive root;

to die (literally or figuratively); causatively, to kill

KJV: × at all, × crying, (be) dead (body, man, one), (put to, worthy of) death, destroy(-er), (cause to, be like to, must) die, kill, necro(-mancer), × must needs, slay, × surely, × very suddenly, × in (no) wise.

מוּת

vb — die

מוּת vb. die

Qal

1. die, of natural or other causes

2. die as a penalty = be put to death

Po‛lel. kill, put to death, despatch (intens.)

Hiph.

1. abs., elsewhere c. acc., subj. man

2. subj. God, by inflicting penalty

3. of animals killing men

4. bring to a premature death

Hoph. be killed, put to death

H8518

תָּלָהtâlâh/taw-law'/

v — suspend

Derivation: a primitive root;

to suspend (especially to gibbet)

KJV: hang (up).

תָּלָה

vb — hang

תָּלָה vb. hang

Qal hang

Niph. princes have been hung up by their hands

Pi. hang up for display

H853

אֵתʼêth/ayth/

prt — self, even, namely

Derivation: apparent contracted from 226 in the demonstrative sense of entity;

properly, self (but generally used to point out more definitely the object of a verb or preposition, even or namely)

KJV: [as such unrepresented in English].

אֵת

mark of the accusative

אֵת the mark of the accusative, prefixed as a rule only to nouns that are definite

H5921

עַלʻal/al/

prep — above, over, upon, against

Derivation: properly, the same as 5920 used as a preposition (in the singular or plural often with prefix, or as conjunction with a particle following);

above, over, upon, or against (yet always in this last relation with a downward aspect) in a great variety of applications

KJV: above, according to(-ly), after, (as) against, among, and, × as, at, because of, beside (the rest of), between, beyond the time, × both and, by (reason of), × had the charge of, concerning for, in (that), (forth, out) of, (from) (off), (up-) on, over, than, through(-out), to, touching, × with.

כִּי עַל כֵּן

forasmuch as

כִּי עַל כֵּן forasmuch as

עַל

subst — above

עַל, עָ֑ל

I. subst. height

II. As prep. upon, and hence on the ground of, according to, on account of, on behalf of, concerning, beside, in addition to, together with, beyond, above, over, by, on to, towards, to, against

1. Upon, of the substratum upon which an object in any way rests, or on which an action is performed

a.

(a). of clothing, etc., which any one wears

(b). With verbs of covering or protecting, even though the cover or veil be not over or above the thing covered, but around or before it

b. Of what rests heavily upon a person, or is a burden to him

c. Of a duty, payment, care, etc., imposed upon a person, or devolving on him

d. על is used idiom. to give pathos to the expression of an emotion, by emphasizing the person who is its subject, and who, as it were, feels it acting upon him

e. חָיָה עַל to live upon (as upon a foundation or support)

f. Of the ground or basis, on which a thing is done

2. It expresses excess

3. It denotes elevation or pre-eminence

4. It expresses addition

5. It expresses the idea of being extended, or suspended over anything, without however being in contact with it, above, over

6. From the sense of inclining or impending over, על comes to denote contiguity or proximity, Engl. by (or sts. on)

7. In connection with verbs of motion (actual or fig.)

8. By writers of the silver age, על is sts. used with the force of a dative

9. With other particles:

III. As conj.

a. עַל אֲשֶׁר because that

b. עַל כִּי similar in meaning, but less frequent

c. עַל alone:

(a). because

(b). notwithstanding that, although

IV. Compounds:

1. with כְּ (rare and late)

a. as concerning, as upon

b. the like of their deeds is the like of (that which) he will repay

2. מֵעַל from upon, from over, from by

H6086

עֵץʻêts/ates/

n-m — tree, wood

Derivation: from 6095;

a tree (from its firmness); hence, wood (plural sticks)

KJV: carpenter, gallows, helve, pine, plank, staff, stalk, stick, stock, timber, tree, wood.

עֵץ

n.m — tree

עֵץ 329 n.m. tree, trees, wood

1. (c. 150 t.)

a. a standing tree

b. coll. trees

2. (c. 175 t.; c. 120 t. pl., to denote pieces [or articles] of wood)

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