Deuteronomy 21:22-23. — HANGING.
(22) And he be put to death. — Better, and he hath been put to death. Hanging followed death in Israel (Joshua 10:26-27).
(23) His body shall not remain all night. — Observed by Joshua, but broken by the Gibeonites (2 Samuel 22:9-10; 2 Samuel 22:14).
He that is hanged is accursed of God. — In the LXX., “Cursed of God is every one that hangeth upon a tree,” and cited in this form by St. Paul (Galatians 3:13). We cannot see why he should be pronounced cursed, except for the sake of that which was designed by “the determined counsel and foreknowledge of God,” that His Son Jesus Christ should bear our sins in His own body on the tree, and redeem us from the curse of the Law, by being “made a curse for us.”
Rashi’s note upon this shows how strangely the rays of truth are sometimes refracted in the Jewish mina: “‘He that is hanged is the curse of God’ — that is, he is the King’s disgrace. For man was made in the likeness of His image. And Israel are his children. There were two twin brothers, who were much alike. One was made king, the other was taken up for highway robbery, and was hanged. Every one who saw him said, ‘There hangs the king!’” From this note it is clear that Rashi takes the words to mean, “He that is hanged is God’s disgrace,” because man is “made after the similitude of God.” There is no doubt as to the shame of the punishment which our Lord endured and despised.
Thou shalt in any wise bury him that day. — Another law, remarkably and providentially fulfilled in our Lord’s death. We do not read that the robbers who were crucified with Him were buried, though their bodies were removed from the cross. It is not improbable that this law was also intended to prevent the barbarous practice of leaving men impaled op sharp stakes or suspended upon crosses from day to day until they died of pain and thirst. It certainly is a disgrace to the Divine image to treat it thus.