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Law concerning Murder by Persons Unknown

21

If, in the land that the L ord your God is giving you to possess, a body is found lying in open country, and it is not known who struck the person down, 2then your elders and your judges shall come out to measure the distances to the towns that are near the body. 3The elders of the town nearest the body shall take a heifer that has never been worked, one that has not pulled in the yoke; 4the elders of that town shall bring the heifer down to a wadi with running water, which is neither plowed nor sown, and shall break the heifer’s neck there in the wadi. 5Then the priests, the sons of Levi, shall come forward, for the L ord your God has chosen them to minister to him and to pronounce blessings in the name of the L ord, and by their decision all cases of dispute and assault shall be settled. 6All the elders of that town nearest the body shall wash their hands over the heifer whose neck was broken in the wadi, 7and they shall declare: “Our hands did not shed this blood, nor were we witnesses to it. 8Absolve, O L ord, your people Israel, whom you redeemed; do not let the guilt of innocent blood remain in the midst of your people Israel.” Then they will be absolved of bloodguilt. 9So you shall purge the guilt of innocent blood from your midst, because you must do what is right in the sight of the L ord.

Female Captives

10 When you go out to war against your enemies, and the L ord your God hands them over to you and you take them captive, 11suppose you see among the captives a beautiful woman whom you desire and want to marry, 12and so you bring her home to your house: she shall shave her head, pare her nails, 13discard her captive’s garb, and shall remain in your house a full month, mourning for her father and mother; after that you may go in to her and be her husband, and she shall be your wife. 14But if you are not satisfied with her, you shall let her go free and not sell her for money. You must not treat her as a slave, since you have dishonored her.

The Right of the Firstborn

15 If a man has two wives, one of them loved and the other disliked, and if both the loved and the disliked have borne him sons, the firstborn being the son of the one who is disliked, 16then on the day when he wills his possessions to his sons, he is not permitted to treat the son of the loved as the firstborn in preference to the son of the disliked, who is the firstborn. 17He must acknowledge as firstborn the son of the one who is disliked, giving him a double portion of all that he has; since he is the first issue of his virility, the right of the firstborn is his.

Rebellious Children

18 If someone has a stubborn and rebellious son who will not obey his father and mother, who does not heed them when they discipline him, 19then his father and his mother shall take hold of him and bring him out to the elders of his town at the gate of that place. 20They shall say to the elders of his town, “This son of ours is stubborn and rebellious. He will not obey us. He is a glutton and a drunkard.” 21Then all the men of the town shall stone him to death. So you shall purge the evil from your midst; and all Israel will hear, and be afraid.

Miscellaneous Laws

22 When someone is convicted of a crime punishable by death and is executed, and you hang him on a tree, 23his corpse must not remain all night upon the tree; you shall bury him that same day, for anyone hung on a tree is under God’s curse. You must not defile the land that the L ord your God is giving you for possession.


18. If a man have a stubborn. What God had previously adverted to in two clauses, tie now embraces in a general law, for it cannot be doubted but that by rebellious children all are designated who are abusive or insulting to their father and mother. For if it be a capital crime to be disobedient to parents, much more is it to strike, or beat them, and to assail them with reproachful words. In sum, Moses declares that those are deserving of death who are of such a stubborn and intractable disposition as to reject the authority of their father and mother, and to hold them in contempt. Whence also we infer what it is to honor our father and mother, for the punishment is only denounced for the transgression of the Commandment. When, therefore, the law delivers over to death all who contumaciously rebel against the discipline of their parents, it follows that they have refused them their due honor. An admirable means, however, of moderating the severity of the law is introduced, when God requires the case to be decided on the evidence of the father and mother; and commands that it should be publicly heard, so that none may be condemned at the will of private individuals. By the Roman law the power of life and death over his children 1111     “A father among the Romans had the power of life and death over his children. He could not only expose them when infants, but, even when his children were grown up, he might imprison, scourge, send them bound to work in the country, and also put them to death by any punishment he pleased, if they deserved it. Sall. Cat., 39.; Liv., 2:41; 8:7; Dionys., 8:79.” — Adam’s Rom. Antiq. was given to the father, because it was not probable that fathers would be carried away by such senseless inhumanity as to deal cruelly with their own bowels; but, since sometimes fathers are found who are not unlike wild beasts, and examples show us that many, blinded by hate or avarice, have not spared their own children, this concession of the Roman law is justly to be repudiated. I allow, indeed, that those who desired to inflict punishment on their children called their friends into council; but, whereas, the walls of a private dwelling conceal many disgraceful things, God imposed a much better restraint on parents when He did not suffer them to go further than to lay the information and to give their testimony. For, although he would have credit given to their testimony, still, when the children were brought to the tribunal of the judges, a legal trim undoubtedly ensued; and this form of proceeding is prescribed, viz., that the father and mother should bring their son and make their complaint before the judges of his incorrigible stubbornness. It is true that the sentence is immediately subjoined; yet we must infer, nevertheless, that the judges pronounced it before the criminal was stoned, else it would have been ridiculous that they should sit there like cyphers. The very mention of a trial, therefore, implies that the son was heard in his defense, so as to clear himself of the crime, if he was not guilty of it: for, suppose the moroseness of the father and mother were notorious; or that the father accused the son by the instigation of a stepmother; or that any unworthy spite were discovered; or that the father and mother had conspired to destroy their son in a fit of passion: the defense of the cause is, therefore, implied in the adverb then, 1212     The particle ו sometimes has this force, but is here translated in A V and for it would have been more than absurd that the son should be condemned without being heard. Especially, when he was to be stoned by the whole people, it was necessary that he should be first convicted; and on this ground he was brought forth publicly, that he might be allowed to plead his cause. But although those were condemned who were addicted to other vices also, yet Moses expressly mentions gluttons and drunkards, to show that, although no capital crime were alleged, still, dissolute profligacy was sufficient, if the son could not be corrected by his parents; for it is plain that those are in a desperate state who have so east away submissiveness and shame as to receive no profit from the admonitions of their parents. From the end of the verse we gather what was the twofold object of the punishment — that the earth should be purged of the sins whereby it was in a manner, polluted, and that the death of him who had transgressed might be an example to all.


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