Haydock's Catholic Bible Commentary: Deuteronomy
Ver. 12. Hair. In mourning, people did the reverse to what they were accustomed to do in the days of joy. The men let their hair grow, the women cut this ornament of their head, a thing which the prophets often threaten, Isaias xv. 23., and Jeremias xlvii. 5, &c. (Calmet) --- Nails. Some would translate the Hebrew "she shall make her nails grow," as a mark of sorrow, perhaps usual among the pagans faciet ungues. But the Septuagint, Philo, &c. agree with the Vulgate; (Menochius) and the Hebrew may very well have the same sense. We must not judge of the idea which others have of beauty, by our own sentiments. Some women in America have long nails, and esteem them as marks of beauty and nobility; and in China, they let those of the left hand grow, and cut them in mourning. (Hist. Sin. iii. 1.) The people of Mauritania take a pride in having long nails. (Strabo, xvii.) The Duke of Burgundy, not 300 years ago, was distinguished among the slain, before Nancy, in France, (Haydock) by the length of his nails; (Calmet) and, in ancient times, people never cut them in voyages at sea, unless to express their grief in extreme danger. Huic fluctus vivo radicitus abstulit ungues. (Propert. iii.; Petron.[Petronius?]) Why, therefore, might not these captives follow the same custom, as all depends on fashion? (Calmet) --- The woman being deprived of her ornaments, the passion of the soldier might probably abate. St. Jerome (ep. 84,) applies this to worldly learning, which he endeavoured to make subservient to the truth, after he had cut away what was dead and pernicious in it. (Du Hamel)
Ver. 13. Raiment. In mourning, people wore different clothes from what they did at other times, 2 Kings xiv. 2. --- One month. So long the mourning for Aaron and Moses continued, chap. xxxiv., and Numbers xx. (Menochius)
Ver. 14. Her. Nothing shews the weakness of the Hebrews more than this liberty, which the law was in a manner forced to allow, to prevent greater evils. The soldier who has married a captive, may abandon her, if he set her free, (Calmet) which was but a slight punishment for his inconstancy.
Ver. 15. Two wives. Moses never expressly (Haydock) sanctions polygamy; but he tolerates it frequently, as excused by custom, the example of the Patriarchs, &c.; a toleration which Christ has revoked, as contrary to the primary design of God, and the institution of matrimony. (Calmet) (Matthew xix.)
Ver. 16. Hated, or less loved. (Haydock) --- The inheritance goes to the first-born independently of the father's disposition, in order to prevent the disturbances which would otherwise have taken place in families, where the different wives would have been continually endeavouring to get their respective children preferred before the rest. David indeed assigned the throne to Solomon, to the exclusion of Adonias; but this was done by the command of God, 3 Kings i. 17. The regulation of Jacob, in favour of Joseph, was made prior to this law. The Jewish doctors inform us, that a father cannot disinherit any of his lawful heirs, except the judges ratify his sentence, while he is in health. But if he be dangerously ill, his verbal declaration will suffice, provided he appoint some one whom the law does not reject. For if he were to make a Gentile his heir, the will would be null. The testament must be made in the day time, for which they cite Ecclesiasticus xxxiii. 24. They say likewise that a father may, while living, give his effects to whom he pleases, and by this means disinherit his children; or he may give the succession to one of them, who is then considered as a tutor of the rest, and is bound to maintain them with necessaries till the year of jubilee, when each may claim his respective share. (Selden, Succes. c. xxiv.) But all these regulations seem to contradict the law. (Calmet)
Ver. 17. Double portion. If a person left six children, his effects were divided into seven equal parts, and the eldest son received two of them, though others think that he was entitled to one-half of the whole, (Calmet) in order to enable him to support the dignity of the family, (Haydock) and the greater expenses which he had to incur for sacrifices and solemn feasts. (Grotius) --- If he were dead, his children or heirs were entitled to his portion. This was the prerogative of the first-born, 1 Paralipomenon v. 2. (Selden) --- The right to the priesthood, if they might have claimed it before the law, was now given to the family of Aaron. Females had no privilege above one another. They received equal shares, when there was no male issue, Numbers xxxvi. (Haydock) --- First. Hebrew, "the beginning of his strength." See Genesis xlix. 3.
Ver. 18. Son. The Rabbins do not look upon children as bound by the law, till they be 13 years old. Their faults, before that age, are imputed to the father, and he is to be punished for them. When, therefore, a son has attained the competent years, the father makes attestation of it in the presence of ten Jews, declaring that he has instructed his son in the commandments, customs of the nation, and daily prayers; and that he now sets him at liberty to answer, in future, for his own faults, praying that God would enable him to lead a virtuous life. (Calmet)
Ver. 19. Ancients. In considerable cities there was a tribunal of three, and another of 23 judges. The former took cognizance of the first accusation, and condemned the stubborn child to be scourged: but the latter sentenced him to be stoned in case of a relapse, provided both parents concurred in prosecuting their son, as they would not both surely be guided by passion. (Theodoret, q. 20.) The Rabbins, according to their custom, modify this law, and exempt girls, orphans, and boys under 13 years of age. (Selden, Syned.) --- Josephus ([Antiquities?] xvi. 17,) says that the parents laid their hands on the head of the undutiful, and then all the people stoned him. Moses has not specified the punishment of parricides, (Calmet) as he deemed it next to impossible. (Haydock) --- But we may hence judge how he would have chastised so heinous a crime. The Romans formerly sewed such wretches in a leathern sack, (Cic.[Cicero,?] Invent. ii.) but afterwards they enclosed with them a dog, a cock, a viper, and a monkey; and having first whipped them so as to fetch blood, placed them in a chariot drawn by black oxen, and hurled them into the sea or into some river. (Justinian) --- Solomon sentences those who contemn their parents to be the food of crows and eagles, Proverbs xxx. 17. No restraints were laid by the ancient Greeks on the authority of a father, as he was esteemed the most equitable judge. (Sopater, ap. Grotius) (Calmet)