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Commentary on Deuteronomy 21 verses 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.
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SUMMARY
Deuteronomy 21:22 presents a specific judicial stipulation within the Mosaic Law concerning capital punishment, mandating that if an individual commits a capital offense and is executed, their body may be publicly displayed by hanging on a tree or pole. This act was not typically the method of execution itself but a post-mortem exhibition designed to signify extreme disgrace, publicly acknowledge the severity of the offense, and serve as a powerful deterrent, all while underscoring the defiling nature of grievous sin in the sight of a holy God and the necessity of prompt burial.
CONTEXT
Literary Context: This verse is situated within a substantial legal corpus in Deuteronomy (chapters 12-26), which comprises various statutes and ordinances delivered by Moses to the Israelites as they prepared to enter the Promised Land. Specifically, it belongs to a cluster of judicial laws (Deuteronomy 19-25) addressing matters of crime, punishment, and the maintenance of societal order. Deuteronomy 21 itself covers diverse legal scenarios, from the expiation of unsolved murders to regulations concerning marriage with female captives. The law regarding the hanged man, found in Deuteronomy 21:22-23, functions as a stark conclusion to this segment on judicial procedures, immediately preceding laws pertaining to property rights and social responsibilities. The subsequent imperative to bury the body before nightfall in Deuteronomy 21:23 is intrinsically linked, highlighting the transient nature of the public display and the urgent need to prevent further defilement of the land.
Historical & Cultural Context: In the broader ancient Near East, the public display of executed criminals was a widespread practice, frequently employed to humiliate the individual and instill fear in potential offenders. However, Israelite law, as articulated here, uniquely regulated this custom. Unlike some surrounding cultures where impalement or hanging might serve as the primary method of execution, in Israel, capital punishment was typically carried out through stoning, burning, or strangulation. Hanging on a "tree" or pole was generally a post-execution act, serving as a public declaration of the individual's extreme disgrace and divine curse. This practice was further distinguished by its strict requirement for burial before sundown, a humane and theological distinction from other cultures that might leave bodies exposed for days. This rapid burial prevented prolonged defilement of the land, as the presence of a cursed body was considered an abomination, thereby ensuring the land remained holy for God's people, reflecting principles articulated in Numbers 35:33.
Key Themes: The passage powerfully underscores several core themes. Firstly, Divine Justice and Holiness are paramount, demonstrating God's absolute demand for righteousness and the severe consequences for capital offenses, particularly those that defile the community and the land. The public display served as a visible manifestation of this justice and the gravity of sin. Secondly, the theme of The Curse of God is explicitly introduced in the subsequent verse, Deuteronomy 21:23, which declares that "he that is hanged is accursed of God." This concept is central, signifying a state of profound alienation from God's favor due to grievous sin. Lastly, the theme of Cleansing and Preventing Defilement of the Land is crucial. The law's immediate follow-up to bury the body before nightfall underscores the belief that leaving a "cursed" body exposed would pollute the land, rendering it unfit for God's presence and His people. This ritual act was an essential component of maintaining the covenant purity of Israel, a concept woven throughout the Pentateuch, as seen in Leviticus 18:25.
EXPOSITION AND ANALYSIS
Key Word Analysis
Verse Breakdown
Literary Devices
The passage employs several literary devices to convey its powerful message. Legal Language is foundational, as the verse is presented as a direct, prescriptive law, typical of the Deuteronomic code, using conditional clauses ("if... then...") to outline specific judicial procedures. The phrase "worthy of death" functions as a Euphemism for capital offenses, indicating the severity without explicitly listing the specific crimes. The act of "hanging on a tree" is a potent Symbolism of public shame, disgrace, and divine curse, a visual representation of the ultimate consequence of sin against God's law. This imagery is not merely descriptive but carries profound theological weight, foreshadowing its later reinterpretation in the New Testament. The brevity and directness of the command contribute to its Didactic purpose, serving as a clear instruction for the Israelite judiciary and a stark warning to the populace.
THEOLOGICAL AND THEMATIC CONNECTIONS
Deuteronomy 21:22, especially when read with its immediate successor, Deuteronomy 21:23, profoundly illustrates the gravity of sin and the uncompromising nature of God's justice under the Old Covenant. The public display of the executed criminal underscored that certain sins carried not only a physical death penalty but also a spiritual curse, a state of being "accursed of God." This law served as a stark reminder of the defiling power of sin and the necessity of ritual purity for the land and the people of Israel. It highlighted God's holiness and His intolerance for unrighteousness, establishing a theological framework for understanding the concept of divine judgment and the consequences of rebellion against His commands.
REFLECTION AND APPLICATION
Deuteronomy 21:22, though detailing an ancient judicial practice, offers profound insights into the nature of sin, justice, and God's holiness that remain deeply relevant for believers today. It compels us to recognize the extreme seriousness with which God views sin, particularly those transgressions that bring defilement and disruption to His created order and His people. The public display of the "cursed" body served as a stark, tangible reminder that sin has ultimate consequences, not just for the individual but for the community and the land itself. For us, this should cultivate a deep reverence for God's standards and a sober understanding of the destructive power of sin in our lives and in the world. It calls us to reflect on the immense cost of our redemption and the radical grace that has delivered us from the curse that our own sin would have justly incurred. This passage, therefore, should lead us to greater gratitude for the atoning work of Christ and a renewed commitment to living lives that honor God's holiness, seeking to cleanse our own hearts and contribute to the purity of the church community.
Questions for Reflection
FAQ
Was "hanging on a tree" the actual method of execution in ancient Israel?
Answer: No, in most cases, "hanging on a tree" (or pole/stake) was not the primary method of execution in ancient Israel. Capital punishment typically involved stoning, burning, or strangulation, depending on the specific offense. The act described in Deuteronomy 21:22 was usually a post-mortem display of a body that had already been put to death. This public exhibition served as a powerful symbol of extreme disgrace and divine judgment, signifying that the individual had committed a sin so grievous as to be considered "accursed of God," as explicitly stated in Deuteronomy 21:23. The body was then required to be removed and buried before nightfall to prevent further defilement of the land.
CHRIST-CENTERED FULFILLMENT
Deuteronomy 21:22, particularly in conjunction with Deuteronomy 21:23 ("For he that is hanged is accursed of God"), finds its profound Christ-centered fulfillment in the atoning work of Jesus on the cross. The Apostle Paul directly references this passage in Galatians 3:13, declaring, "Christ hath redeemed us from the curse of the law, being made a curse for us: for it is written, Cursed is every one that hangeth on a tree." Jesus, though utterly sinless, willingly took upon Himself the full weight of humanity's sin and its resulting curse. His death on the cross, a "tree" or wooden stake, was not merely a physical execution but a divine act where He absorbed the public shame, the divine wrath, and the spiritual alienation that our sins justly deserved. By becoming "a curse for us," Jesus bore the very judgment and defilement symbolized by the hanged man in Deuteronomy, thereby redeeming us from the law's condemnation and reconciling us to God. This ultimate sacrifice demonstrates the unfathomable depth of God's love and mercy, providing a way for us to be declared righteous and free from the curse of sin, as beautifully articulated in 2 Corinthians 5:21. Through His crucifixion, Jesus transformed the symbol of ultimate curse into the means of ultimate blessing and salvation for all who believe.