Deuteronomy 21:2

_THEN THY ELDERS AND THY JUDGES SHALL COME FORTH, AND THEY SHALL MEASURE UNTO THE CITIES WHICH ARE ROUND ABOUT HIM THAT IS SLAIN:_ No JFB commentary on these verses....

1-9 If a murderer could not be found out, great solemnity is provided for putting away the guilt from the land, as an expression of dread and detesting of that sin. The providence of God has often wonderfully brought to light these hidden works of darkness, and the sin of the guilty has often strangely found them out. The dread of murder should be deeply impressed upon every heart, and all should join in detecting and punishing those who are guilty. The elders were to profess that they had not been any way aiding or abetting the sin. The priests were to pray to God for the country and nation, that God would be merciful. We must empty that measure by our prayers, which others are filling by their sins. All would be taught by this solemnity, to use the utmost care and diligence to prevent, discover, and punish murder. We may all learn from hence to take heed of partaking in other men's sin...

The elders represented the citizens at large, the judges the magistracy: priests Deuteronomy 21:5 from the nearest priestly town, were likewise to be at hand. Thus, all classes would be represented at the purging away of that blood-guiltiness which until removed attached to the whole community....

EXPOSITION EXPIATION OF UNCERTAIN MURDER. TREATMENT OF A CAPTIVE TAKEN TO WIFE. RIGHTS OF THE FIRSTBORN. A REBELLIOUS, REFRACTORY SON TO BE JUDGED AND PUNISHED. A MALEFACTOR WHO HAS BEEN HANGED TO BE BURIED ERE NIGHTFALL. One general idea, viz. the sacredness of human life and of personal rights, connects the laws in this chapter together, as well as connects them with the laws in the two preceding chapters....

THEN THY ELDERS AND THY JUDGES SHALL COME FORTH,.... From the city or cities near to which the murder was committed, to make inquiry about it, and expiation for it; so Aben Ezra interprets it of the elders of the cities near, but others understand it of the elders of the great sanhedrim at Jerusalem; so the Targum of Jonathan, "then shall go out from the great sanhedrim two of thy wise men, and three of thy judges;'' and more expressly the Misnah l, "three go out from the great sanhedrim in Jerusalem;'' R. Judah says five, "it is said "thy elders" two, and "thy judges" two,'' and there is no sanhedrim or court of judicature equal (or even), therefore they add to them one more: AND THEY SHALL MEASURE UNTO THE CITIES WHICH ARE ROUND ABOUT HIM THAT IS SLAIN; that is, from the place where the slain lies, as Jarchi rightly interprets it; on all sides of it, from the four corner's, as

17. THE EXPIATION OF AN UNCERTAIN MURDER AND VARIOUS INSTRUCTIONS CHAPTER 21 _ 1. The expiation of an unknown murder (Deuteronomy 21:1)_ 2. Concerning a wife, who had been a prisoner of war (Deuteronomy 21:10) 3. The right of the firstborn (Deuteronomy 21:15) 4. The punishment of a rebellious son (Deuteronomy 21:18) 5. The burial of one who hanged on a tree (Deuteronomy 21:22) The expiation of an unknown murder seems to find an interesting applicati

See W. R. Smith, _Kinship_ 1 p. 263 (= 64f. in _Kinship_ 2) for a similar law among the ancient Arabs. The ground of this law may be the belief that, until avenged or atoned for, a murdered man's blood defiles a land and its people. Note the idea that the community (here the nearest town) is responsible for the act of an individual. The conception of individual responsibility becomes specially prominent in Jeremiah 31:29; Ezekiel 14:12 ff., Ezekiel 18:2 f. The solidarity of the family, tribe, and nation had been emphasized in early writings, the whole suffering for the sins of each one; see Deuteronomy 13:7;...

_thy elders and thy judges_ The combination is remarkable, and recent commentators take one or the other as secondary. Steuern. retains _elders_(see introd. note), but Berth. and Marti are right in taking this as editorial since D does not elsewhere speak of the elders of the whole nation as P does....

_VER._ 2. _THY ELDERS AND THY JUDGES_— i.e. Of the neighbouring cities. See Numbers 11:16....

(b) Expiation for an Unknown Murderer's Crime (Deuteronomy 21:1-9) If one be found slain in the land which Jehovah thy God giveth thee to possess it, lying in the field, and it be not known who hath smitten him; 2 then thy elders and thy judges shall come forth, and they shall measure unto the cities which are round about him that is slain: 3 and it shall be, that the city which is nearest unto the slain man, even the elders _of_ that city shall take a heifer of the herd, which hath not been wrought with, and which hath not drawn in the yoke; 4 and the elders of that city shall bring down the heifer unto a valley with running water, which is neither plowed nor sown, and shall break the heifer's neck there in the valley. 5 And the priests the son of Levi shall come near; for them Jehovah thy God hath chosen to minister unto him, and to bless in the name of Jehovah; and accordi