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:
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EXPOSITORY (ENGLISH BIBLE)
21:1-9 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 sins. And we have fellowship with the unfruitful works of darkness, if we do not reprove them.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. CHAPTER 21

De 21:1-9. Expiation of Uncertain Murder.

1-6. If one be found slain … lying in the field, and it be not known who hath slain him—The ceremonies here ordained to be observed on the discovery of a slaughtered corpse show the ideas of sanctity which the Mosaic law sought to associate with human blood, the horror which murder inspired, as well as the fears that were felt lest God should avenge it on the country at large, and the pollution which the land was supposed to contract from the effusion of innocent, unexpiated blood. According to Jewish writers, the Sanhedrin, taking charge of such a case, sent a deputation to examine the neighborhood. They reported to the nearest town to the spot where the body was found. An order was then issued by their supreme authority to the elders or magistrates of that town, to provide the heifer at the civic expense and go through the appointed ceremonial. The engagement of the public authorities in the work of expiation, the purchase of the victim heifer, the conducting it to a "rough valley" which might be at a considerable distance, and which, as the original implies, was a wady, a perennial stream, in the waters of which the polluting blood would be wiped away from the land, and a desert withal, incapable of cultivation; the washing of the hands, which was an ancient act symbolical of innocence—the whole of the ceremonial was calculated to make a deep impression on the Jewish, as well as on the Oriental, mind generally; to stimulate the activity of the magistrates in the discharge of their official duties; to lead to the discovery of the criminal, and the repression of crime.

Thy elders and thy judges; those of thy elders who are judges; for the latter word explains and restrains the former, the judges or rulers of all the neighbouring cities, who were all concerned in this inquiry.

They shall measure, unless it be evident and confessed which city is nearest, for then measuring was superfluous.

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 the Targum of Jonathan, the cities round about the slain. Maimonides (m) says, they do not behead the heifer for, nor measure, but to a city in which there is a sanhedrim: if it is found between two cities (that is, at an equal distance), both bring two heifers (Maimonides (n) says they bring one between them, which is most reasonable); but the city of Jerusalem does not bring an heifer to be beheaded: the reason is, because it was not divided to the tribes (o). This measuring, one would think, should be only necessary when it was not certain which was the nearest city; and yet Maimonides (p) says, even when it was found on the side of a city, which was certainly known to be nearest, they measured; the command, he observes, is to measure.

(l) Sotah, c. 9. sect. 1.((m) Hilchot Rotzeach, c. 9. sect. 4. (n) Ib. sect. 8. (o) Maimon Hilchot Rotzeachs, c. 9. sect. 8. (p) lb. c. 9. sect. 1.

Then thy elders and thy judges shall come forth, and they shall measure unto the cities which are round about him that is slain:
EXEGETICAL (ORIGINAL LANGUAGES)
2. 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.

Deuteronomy 21:2Expiation of a Murder Committed by an Unknown Hand. - Deuteronomy 21:1 and Deuteronomy 21:2. If any one was found lying in a field in the land of Israel (נפל fallen, then lying, Judges 3:25; Judges 4:22), having been put to death without its being known who had killed him (וגו נודע לא, a circumstantial clause, attached without a copula, see Ewald, 341, b. 3), the elders and judges, sc., of the neighbouring towns, - the former as representatives of the communities, the latter as administrators of right, - were to go out and measure to the towns which lay round about the slain man, i.e., measure the distance of the body from the towns that were lying round about, to ascertain first of all which was the nearest town.
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