Rebellion Against Parental Authority (Deuteronomy 21:18-21).
Parental concern for the son as revealed in Deuteronomy 21:15-17 now leads on to the case where a son is a rebellious troublemaker. Again the desire is to maintain the harmony of the family. In Deuteronomy 21:15-17 the father was seen as behaving badly towards his son, and was forbidden by law to do so. Here the son was seen as behaving badly towards his father and mother to such an extent that they could no longer guarantee to control him.
In a patriarchal society like Israel this was tantamount to anarchy. Control in such a society was maintained by the father of the family, the father of the wider family, the father of the clan and finally the father of the tribe. Thus if the fatherhood could not control someone there was nowhere else to go.
Analysis using the words of Moses:
a If a man has a stubborn and rebellious son, who will not obey the voice of his father, or the voice of his mother, and, though they chasten him, will not take any notice of them,
b Then shall his father and his mother lay hold on him, and bring him out to the elders of his city, and to the gate of his place,
b And they shall say to the elders of his city, “This our son is stubborn and rebellious, he will not obey our voice; he is a glutton, and a drunkard.”
a And all the men of his city shall stone him to death with stones. So shall you put away the evil from the midst of you, and all Israel shall hear, and fear.
Note that in ‘a' the son is rebellious and will not respond to discipline, and in the parallel he is toned to death for his rebelliousness. In ‘b' he is brought to the elders of the city and in the parallel the tell the elders of his crimes.
‘ If a man has a stubborn and rebellious son, who will not obey the voice of his father, or the voice of his mother, and, though they chasten him, will not take any notice of them, then shall his father and his mother lay hold on him, and bring him out to the elders of his city, and to the gate of his place, and they shall say to the elders of his city, “This our son is stubborn and rebellious, he will not obey our voice; he is a glutton, and a drunkard.” '
This does not refer to the normal rows that can occur in the best of families. If necessary that could have been dealt with by a severe beating. There was no limit to a father's right to have his son beaten as long as he did not die. This refers to a son who had broken all the rules of society laid down by his parents, who was destroying the family name, and making constant problems for them in their relationships with the tribe. He had become wild and indisciplined, and broken the covenant constantly, becoming a menace to society and uncontrollable. Though they had chastened him, and such chastening could be pretty severe (Proverbs 23:13-14 suggests such a severity of beating that the parents backed away from it; compare Proverbs 13:24; Proverbs 19:18), it had not worked. All efforts to control him had proved useless. He had stubbornly gone on in his rebellious way causing trouble and concern not only for his parents but for the society in which he lived. He was a menace to all.
For a father and mother to agree together to hand their son over to the authorities in those days (note that the witness of both was required) was the sign of how bad things were. They themselves would be publicly admitting their inability to control their own son. They would do it in this case for the sake of society. He could no longer be allowed to wreak havoc on everyone, and they could no longer act as his guarantee. They were left without any options.
They took him by force and brought him to the gate of the city where the judges and elders met, testifying to his behaviour before them. ‘Glutton' and ‘drunkard' were two abusive terms which together signified his total depravity. His greed expressed by his crimes and his totally disorderly behaviour putting everyone at risk could only be described in this way. The facts, if not already widely known, would be sought before sentence was passed. Few elders and judges would have wanted to act in such a case without good reason. Without good reason every father among them would have drawn back from it.
‘ And all the men of his city shall stone him to death with stones. So shall you put away the evil from the midst of you, and all Israel shall hear, and fear.'
To rebel in this way against parents was to rebel against God. It was to be out of control in society. (All means had been tried to persuade him to be otherwise). The punishment was therefore stoning, possibly because as the equivalent of a blasphemer the son was seen as ‘unclean' and none would want to touch him. Compare here Exodus 21:15; Exodus 21:17; Leviticus 20:9. It was also a method of execution in which all could partake and thus share out among them any feelings of guilt that might arise. The whole city was called on to perform the execution (had they been in any doubt they would simply have refused). It is possible that the father and mother were not obliged to take part. It put the onus on all. It had now passed out of their hands. This serves to demonstrate that all would be aware of the justice of the sentence.
There is in fact no known case where this actually took place, which means hopefully that it was a warning that was mainly heeded. We must always remember that in the end severe sentences were at least partly intended to prevent crimes from happening. But human nature is such that it must have happened at some time.