Haydock's Catholic Bible Commentary: Deuteronomy
Chapter 21
Ver. 1. Land. The Jewish doctors hence infer, that if the corpse was found hanging or drowned &c., or nearer a town of the Gentiles than one of the Israelites, this law did not oblige. They are so exact as to dispute whether the distance must be measured from the nose or from the naval of the deceased. (Selden, Syned. iii. 7.) But the law shews us, that the author of the murder must be discovered, if possible, as the crime is so grievous as, in a manner, to defile the land, and draw down the vengeance of God, if it be carelessly left unpunished. (Calmet)
Ver. 2. Ancients and judges. After the strictest enquiry, if the murderer could not be discovered, the magistrates and senate of the neighbouring cities measured which city the corpse was nearest. (Josephus, [Antiquities?] iv. 8.) The Rabbins pretend that five of the Sanhedrim were commissioned to make this enquiry, along with the magistrates of the neighbourhood. Others think that the ancients were only the old men. The measuring took place only when the point was contested, and those cities are probably meant, which were of sufficient importance to have twenty-three judges fixed in them. (Calmet) --- It was presumed that the nearest had been guilty of greater negligence. (Haydock)
Ver. 3. Heifer, not above three years old, say the Rabbins. The pagans esteemed those victims more agreeable to the gods, which had not been yoked. Chermon observes, that the Egyptians rejected such as had been once "consecrated to labour." (Grotius) --- This circumstance might here indicate, that the murderer was a son of Belial, or "without yoke;" (chap xiii. 13.; Menochius) and the heifer was slain to shew what he deserved, and must expect if he be discovered. (Haydock)
Ver. 4. Valley. In such places murders are most frequently perpetrated. Hebrew may signify, "a desert," deep or inaccessible torrent, (Haydock) on the side of which the heifer was to be slain, and its body was then, it seems, thrown into the water. The ancients first washed their hands over her. Thus the victim of malediction against those who break a covenant, is buried in a ditch, or cast into the sea. (Homer, Iliad i.) --- Was. Some translate the Hebrew "shall be," as if the place was to be hereafter considered as unclean and accursed. (Calmet) --- The roughness and depth of the valley, denote the hardness of the murderer's heart, and the depth of his malice. (Menochius) --- Strike off, or cœdent, "cut the neck," (Haydock) at the top, without perhaps separating it entirely from the body. Blood was given for blood, and this was the chief design of the bloody sacrifices. For this reason, the Egyptians impressed a seal on the horns of the victim, representing a man kneeling, with his hands tied behind his back, as if ready to receive the stroke of death. (Plut.[Plutarch,?] Isis.)
Ver. 5. Judged. We see here again the great authority of the priests, chap. xvii. 9. Hebrew, "by their word shall every controversy and every stroke be tried," as the Protestants render it. (Haydock) --- Some understand by stroke, the leprosy, of which they were undoubtedly the judges. But it is better to explain it of all wounds, and even of death, (Calmet) concerning which Moses is here speaking. (Haydock) --- The Rabbins restrain the authority of priests as much as they can, to give greater power to their chimerical Sanhedrim. They pretend that here they had only to pronounce the blessing, ver. 8. Josephus ([Antiquities?] iv. 8,) joins the magistrates with them in the whole ceremony. This awful meeting of so many people, tended to discover the authors of the murder, as all would naturally converse together on the subject, and each person declaring what he knew, some suspicions might at last be formed, which might by degrees lead to the detection. Josephus says rewards were proposed to any who might make a discovery. Draco decreed, that on the very day when a murder was announced, if the author was not known, the whole people (of Athens) should be purified. (Calmet) --- Abulensis insinuates, that if the murderer was present in the crowd, he might be detected by blood gushing from the corpse of the deceased, &c., as God often brings murder to light in a wonderful manner. (Cic.[Cicero,?] Div. i.) (Tirinus)
Ver. 6. Wash. This was intended to testify that they were not guilty of the blood which had been shed, and that they wished to remove the punishment of it from themselves upon the head of the heifer, (Calmet) the representative of the unknown murderer. So Pilate conformed to this custom, when he condemned Christ on the bare accusation of the Jews; (Matthew xxvii. 24) and the priest, at mass, washes his hands, as an emblem of that innocence, with which he ought to approach to the holy of holies. (Haydock) --- Asterius was stricken with lightning, for touching the altar of Jupiter without having washed his hands. (Natal. Myth. i. 10. 14.) The pagans generally purified themselves with fumigations, or by sprinkling sea water upon their bodies. Achilles ordered the things which had been used to purify the Greeks, at the siege of Troy, to be thrown into the sea, as being unclean. (Iliad i.)
Ver. 7. It. Magistrates are in some degree responsible, if by their neglect the high roads are unsafe. (Calmet) --- They had testified that they had done their duty. (Worthington)
Ver. 9. And, &c. Hebrew, "Thou shalt put away," (Haydock) or "extinguish the voice of innocent blood," which otherwise would cry to heaven for vengeance, Genesis iv. 10. In this sacrifice, (Calmet) though it deserves not the name, (Menochius) we may consider Jesus Christ suffering for the sins of others. (Calmet)
Ver. 10. Captives. Some Rabbins say this was only lawful in what they call voluntary wars, which the Lord had not commanded, as in those which were waged against the devoted nations, it was not permitted to reserve the women, even though they should embrace the true religion. Calmet seems to be of the same opinion in the preceding chapter, to which he even refers. But here he thinks, that upon their complying with the condition specified, they might be married, as Rahab was, and consequently this law must be considered as an exception to those general laws, which prohibit matrimony with those nations of Chanaan, which were otherwise ordered to be entirely destroyed, chap. vi. 16. "We believe, says he, that if these women changed their religion, they might be espoused, of whatever nation they might be." He seems still to exclude the Chanaanite women, (chap. xxiii. 3,) which variation of sentiment shews that the point is not to be easily decided. (Haydock)
Ver. 11. Lovest her. The Jewish doctors explain this of an action, which modesty disallows, and which they tolerate nevertheless in the first transports of victory; (Selden, Jur. v. 13,) though the pagans condemned it as unjust and contrary to reason. (Grotius, Jur. iii. 4) --- All know with what reserve Alexander treated the captive women; and the Romans banished one Torquatus, for having violated a prisoner of war. (Plutarch) --- Yet the Jews blush not to assert, that such liberties might be taken even with married women, as their former marriage with a pagan was by some deemed null, and by others thought to be dissolved. (Josephus, [Antiquities?] iv. 8) (Calmet) --- The law, however, seems only to allow the marrying of those who had no husbands before, as the women are only said to mourn for father and mother, ver. 13. (Haydock) --- On these occasions the Chinese, and probably the Egyptians also, and the Roman matrons, formerly clothed themselves in white, while almost all other nations assumed black. (Tirinus)