XXI.
Deuteronomy 21:1-9. UNDETECTED HOMICIDES.
(1) If one be found slain — It is remarkable that in our own time the most effectual remedy against outrages of which the perpetrators cannot be discovered is a fine upon the district in which they occur.
(2) Thy elders and thy judges shall come forth. — Rashi says these were to be special commissioners, members of the great Sanhedrin.
(3-4) An heifer, which hath not been wrought with... a rough valley which is neither eared nor sown. — Rashi’s note on this is curious: “The Holy One, blessed be He! said, ‘A yearling heifer which hath borne no fruit shall come and be beheaded in a place which yieldeth no fruit, to atone for the murder of the man whom they did not suffer to bear fruit.’ Some have thought that the valley was neither to be eared (ploughed) nor sown from that time forward.” The verbs are not past in the Hebrew, and the words may bear this meaning. If so, the district in which the murder occurred would be mulcted in that portion of land for ever.
(5) And the priests. — See on Deuteronomy 21:8.
(7) Our hands have not shed this blood, neither have our eyes seen it. — “Not that the chief magistrates of the city are supposed to have shed this blood; but that they have not contrived or procured the murder by any maintenance or partnership in the deed” (Rashi). We cannot but feel how impossible such solemn public declarations would be if the murderer had been harboured by the inhabitants of the place.
(8) Be merciful, O Lord. — In the sense of the publican’s prayer in St. Luke 18 “be propitiated,” literally, cover. The mercy seat is the “covering” of the Law, which protects Israel from it. The sacrifices are a “covering” for the sinner from a punishment of sin. According to Rashi, the prayer in the eighth verse is spoken by the priests; and it seems probable enough. No part in the transaction is assigned to them, unless it be this. And their presence was certainly necessary.
And the blood shall be forgiven them. — Literally, shall be covered for them. Not the same expression as Leviticus 4:20; Leviticus 4:26; Leviticus 4:31; Leviticus 4:35. But we can hardly follow the Jewish commentators into the question whether, if the perpetrator of the murder were afterwards discovered, the blood of the heifer which had been shed already could be allowed to atone for it, so that the murderer need not be punished.