1tn Heb “slain [one].” The term חָלָל (khalal) suggests something other than a natural death (cf. Num 19:16; 23:24; Jer 51:52; Ezek 26:15; 30:24; 31:17-18). 2tn The Hebrew text includes “to possess it,” but this has not been included in the translation for stylistic reasons. 3tn Heb “struck,” but in context a fatal blow is meant; cf. NLT “who committed the murder.” 4tn Heb “surrounding the slain [one].” 5tn Heb “slain [one].” 6tn The combination “a wadi with flowing water” is necessary because a wadi (נַחַל, nakhal) was ordinarily a dry stream or riverbed. For this ritual, however, a perennial stream must be chosen so that there would be fresh, rushing water. 7sn The unworked heifer, fresh stream, and uncultivated valley speak of ritual purity – of freedom from human contamination. 8tn Heb “the priests, the sons of Levi.” 9tn Heb “in the name of the Lord.” See note on Deut 10:8. The pronoun has been used in the translation for stylistic reasons to avoid redundancy. 10tn Heb “by their mouth.” 11tn Heb “every controversy and every blow.” 12tn Heb “slain [one].” 13tn Heb “wadi,” a seasonal watercourse through a valley. 14tn Heb “our eyes.” This is a figure of speech known as synecdoche in which the part (the eyes) is put for the whole (the entire person). 15tn Heb “seen”; the implied object (the crime committed) has been specified in the translation for clarity. 16tn Heb “Atone for.” 17tn Heb “and do not place innocent blood in the midst of your people Israel.” 18tn Heb “in the eyes of” (so ASV, NASB, NIV). 19tn Heb “gives him into your hands.” 20tn Heb “the prisoners.” The pronoun has been used in the translation for stylistic reasons, to avoid redundancy. 21sn This requirement for the woman to shave her head may symbolize the putting away of the old life and customs in preparation for being numbered among the people of the Lord. The same is true for the two following requirements. 22tn Heb “she is to…remove the clothing of her captivity” (cf. NASB); NRSV “discard her captive’s garb.” 23tn Heb “sit”; KJV, NASB, NRSV “remain.” 24tn Heb “go unto,” a common Hebrew euphemism for sexual relations. 25sn Heb “send her off.” The Hebrew term שִׁלַּחְתָּה (shillakhtah) is a somewhat euphemistic way of referring to divorce, the matter clearly in view here (cf. Deut 22:19, 29; 24:1, 3; Jer 3:1; Mal 2:16). This passage does not have the matter of divorce as its principal objective, so it should not be understood as endorsing divorce generally. It merely makes the point that if grounds for divorce exist (see Deut 24:1-4), and then divorce ensues, the husband could in no way gain profit from it. 26tn The Hebrew text uses the infinitive absolute for emphasis, which the translation indicates by the words “in any case.” 27tn The Hebrew text includes “for money.” This phrase has not been included in the translation for stylistic reasons. 28tn Or perhaps “must not enslave her” (cf. ASV, NAB, NIV, NRSV, NLT); Heb “[must not] be tyrannical over.” 29sn You have humiliated her. Since divorce was considered rejection, the wife subjected to it would “lose face” in addition to the already humiliating event of having become a wife by force (21:11-13). Furthermore, the Hebrew verb translated “humiliated” here (עָנָה, ’anah), commonly used to speak of rape (cf. Gen 34:2; 2 Sam 13:12, 14, 22, 32; Judg 19:24), likely has sexual overtones as well. The woman may not be enslaved or abused after the divorce because it would be double humiliation (see also E. H. Merrill, Deuteronomy [NAC], 291). 30tn Heb “one whom he loves and one whom he hates.” For the idea of שָׂנֵא (sane’, “hate”) meaning to be rejected or loved less (cf. NRSV “disliked”), see Gen 29:31, 33; Mal 1:2-3. Cf. A. Konkel, NIDOTTE 3:1256-60. 31tn Heb “both the one whom he loves and the one whom he hates.” On the meaning of the phrase “one whom he loves and one whom he hates” see the note on the word “other” earlier in this verse. The translation has been simplified for stylistic reasons, to avoid redundancy. 32tn Heb “when he causes his sons to inherit what is his.” 33tn Heb “the hated.” 34tn See note on the word “other” in v. 15. 35tn Heb “measure of two.” The Hebrew expression פִּי שְׁנַיִם (piy sh˙nayim) suggests a two-thirds split; that is, the elder gets two parts and the younger one part. Cf. 2 Kgs 2:9; Zech 13:8. The practice is implicit in Isaac’s blessing of Jacob (Gen 25:31-34) and Jacob’s blessing of Ephraim (Gen 48:8-22). 36tn Heb “his generative power” (אוֹן, ’on; cf. HALOT 22 s.v.). Cf. NAB “the first fruits of his manhood”; NRSV “the first issue of his virility.” 37tn Heb “and he does not listen to them.” 38tc The LXX and Smr read “to the men,” probably to conform to this phrase in v. 21. However, since judicial cases were the responsibility of the elders in such instances (cf. Deut 19:12; 21:3, 6; 25:7-8) the reading of the MT is likely original and correct here. 39tn The Hebrew term בִּעַרְתָּה (bi’artah), here and elsewhere in such contexts (cf. Deut 13:5; 17:7, 12; 19:19; 21:9), suggests God’s anger which consumes like fire (thus בָעַר, ba’ar, “to burn”). See H. Ringgren, TDOT 2:203-4. 40tc Some LXX traditions read הַנִּשְׁאָרִים (hannish’arim, “those who remain”) for the MT’s יִשְׂרָאֵל (yisra’el, “Israel”), understandable in light of Deut 19:20. However, the more difficult reading found in the MT is more likely original. 41tn Heb “him.” 42tn The Hebrew text uses the infinitive absolute for emphasis, which the translation indicates by “make certain.” 43tn Heb “hung,” but this could convey the wrong image in English (hanging with a rope as a means of execution). Cf. NCV “anyone whose body is displayed on a tree.” 44sn The idea behind the phrase cursed by God seems to be not that the person was impaled because he was cursed but that to leave him exposed there was to invite the curse of God upon the whole land. Why this would be so is not clear, though the rabbinic idea that even a criminal is created in the image of God may give some clue (thus J. H. Tigay, Deuteronomy [JPSTC], 198). Paul cites this text (see Gal 3:13) to make the point that Christ, suspended from a cross, thereby took upon himself the curse associated with such a display of divine wrath and judgment (T. George, Galatians [NAC], 238-39).
1tn Heb “slain [one].” The term חָלָל (khalal) suggests something other than a natural death (cf. Num 19:16; 23:24; Jer 51:52; Ezek 26:15; 30:24; 31:17-18).
2tn The Hebrew text includes “to possess it,” but this has not been included in the translation for stylistic reasons.
3tn Heb “struck,” but in context a fatal blow is meant; cf. NLT “who committed the murder.”
4tn Heb “surrounding the slain [one].”
5tn Heb “slain [one].”
6tn The combination “a wadi with flowing water” is necessary because a wadi (נַחַל, nakhal) was ordinarily a dry stream or riverbed. For this ritual, however, a perennial stream must be chosen so that there would be fresh, rushing water.
7sn The unworked heifer, fresh stream, and uncultivated valley speak of ritual purity – of freedom from human contamination.
8tn Heb “the priests, the sons of Levi.”
9tn Heb “in the name of the Lord.” See note on Deut 10:8. The pronoun has been used in the translation for stylistic reasons to avoid redundancy.
10tn Heb “by their mouth.”
11tn Heb “every controversy and every blow.”
12tn Heb “slain [one].”
13tn Heb “wadi,” a seasonal watercourse through a valley.
14tn Heb “our eyes.” This is a figure of speech known as synecdoche in which the part (the eyes) is put for the whole (the entire person).
15tn Heb “seen”; the implied object (the crime committed) has been specified in the translation for clarity.
16tn Heb “Atone for.”
17tn Heb “and do not place innocent blood in the midst of your people Israel.”
18tn Heb “in the eyes of” (so ASV, NASB, NIV).
19tn Heb “gives him into your hands.”
20tn Heb “the prisoners.” The pronoun has been used in the translation for stylistic reasons, to avoid redundancy.
21sn This requirement for the woman to shave her head may symbolize the putting away of the old life and customs in preparation for being numbered among the people of the Lord. The same is true for the two following requirements.
22tn Heb “she is to…remove the clothing of her captivity” (cf. NASB); NRSV “discard her captive’s garb.”
23tn Heb “sit”; KJV, NASB, NRSV “remain.”
24tn Heb “go unto,” a common Hebrew euphemism for sexual relations.
25sn Heb “send her off.” The Hebrew term שִׁלַּחְתָּה (shillakhtah) is a somewhat euphemistic way of referring to divorce, the matter clearly in view here (cf. Deut 22:19, 29; 24:1, 3; Jer 3:1; Mal 2:16). This passage does not have the matter of divorce as its principal objective, so it should not be understood as endorsing divorce generally. It merely makes the point that if grounds for divorce exist (see Deut 24:1-4), and then divorce ensues, the husband could in no way gain profit from it.
26tn The Hebrew text uses the infinitive absolute for emphasis, which the translation indicates by the words “in any case.”
27tn The Hebrew text includes “for money.” This phrase has not been included in the translation for stylistic reasons.
28tn Or perhaps “must not enslave her” (cf. ASV, NAB, NIV, NRSV, NLT); Heb “[must not] be tyrannical over.”
29sn You have humiliated her. Since divorce was considered rejection, the wife subjected to it would “lose face” in addition to the already humiliating event of having become a wife by force (21:11-13). Furthermore, the Hebrew verb translated “humiliated” here (עָנָה, ’anah), commonly used to speak of rape (cf. Gen 34:2; 2 Sam 13:12, 14, 22, 32; Judg 19:24), likely has sexual overtones as well. The woman may not be enslaved or abused after the divorce because it would be double humiliation (see also E. H. Merrill, Deuteronomy [NAC], 291).
30tn Heb “one whom he loves and one whom he hates.” For the idea of שָׂנֵא (sane’, “hate”) meaning to be rejected or loved less (cf. NRSV “disliked”), see Gen 29:31, 33; Mal 1:2-3. Cf. A. Konkel, NIDOTTE 3:1256-60.
31tn Heb “both the one whom he loves and the one whom he hates.” On the meaning of the phrase “one whom he loves and one whom he hates” see the note on the word “other” earlier in this verse. The translation has been simplified for stylistic reasons, to avoid redundancy.
32tn Heb “when he causes his sons to inherit what is his.”
33tn Heb “the hated.”
34tn See note on the word “other” in v. 15.
35tn Heb “measure of two.” The Hebrew expression פִּי שְׁנַיִם (piy sh˙nayim) suggests a two-thirds split; that is, the elder gets two parts and the younger one part. Cf. 2 Kgs 2:9; Zech 13:8. The practice is implicit in Isaac’s blessing of Jacob (Gen 25:31-34) and Jacob’s blessing of Ephraim (Gen 48:8-22).
36tn Heb “his generative power” (אוֹן, ’on; cf. HALOT 22 s.v.). Cf. NAB “the first fruits of his manhood”; NRSV “the first issue of his virility.”
37tn Heb “and he does not listen to them.”
38tc The LXX and Smr read “to the men,” probably to conform to this phrase in v. 21. However, since judicial cases were the responsibility of the elders in such instances (cf. Deut 19:12; 21:3, 6; 25:7-8) the reading of the MT is likely original and correct here.
39tn The Hebrew term בִּעַרְתָּה (bi’artah), here and elsewhere in such contexts (cf. Deut 13:5; 17:7, 12; 19:19; 21:9), suggests God’s anger which consumes like fire (thus בָעַר, ba’ar, “to burn”). See H. Ringgren, TDOT 2:203-4.
40tc Some LXX traditions read הַנִּשְׁאָרִים (hannish’arim, “those who remain”) for the MT’s יִשְׂרָאֵל (yisra’el, “Israel”), understandable in light of Deut 19:20. However, the more difficult reading found in the MT is more likely original.
41tn Heb “him.”
42tn The Hebrew text uses the infinitive absolute for emphasis, which the translation indicates by “make certain.”
43tn Heb “hung,” but this could convey the wrong image in English (hanging with a rope as a means of execution). Cf. NCV “anyone whose body is displayed on a tree.”
44sn The idea behind the phrase cursed by God seems to be not that the person was impaled because he was cursed but that to leave him exposed there was to invite the curse of God upon the whole land. Why this would be so is not clear, though the rabbinic idea that even a criminal is created in the image of God may give some clue (thus J. H. Tigay, Deuteronomy [JPSTC], 198). Paul cites this text (see Gal 3:13) to make the point that Christ, suspended from a cross, thereby took upon himself the curse associated with such a display of divine wrath and judgment (T. George, Galatians [NAC], 238-39).