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Deuteronomy

About this book
Chapter 21

1 If a homicide victim should be found lying in a field in the land the Lord your God is giving you, and no one knows who killed him, 2 your elders and judges must go out and measure how far it is to the cities in the vicinity of the corpse. 3 Then the elders of the city nearest to the corpse must take from the herd a heifer that has not been worked—that has never pulled with the yoke— 4 and bring the heifer down to a wadi with flowing water, to a valley that is neither plowed nor sown. There at the wadi they are to break the heifer’s neck. 5 Then the Levitical priests will approach (for the Lord your God has chosen them to serve him and to pronounce blessings in his name, and to decide every judicial verdict) , 6 and all the elders of that city nearest the corpse must wash their hands over the heifer whose neck was broken in the valley.⁠ 7 Then they must proclaim, “Our hands have not spilled this blood, nor have we witnessed the crime. 8 Do not blame your people Israel whom you redeemed, O Lord, and do not hold them accountable for the bloodshed of an innocent person.” Then atonement will be made for the bloodshed. 9 In this manner you will purge the guilt of innocent blood from among you, for you must do what is right before the Lord. 10 When you go out to do battle with your enemies and the Lord your God allows you to prevail and you take prisoners, 11 if you should see among them an attractive woman whom you wish to take as a wife, 12 you may bring her back to your house. She must shave her head, trim her nails, 13 discard the clothing she was wearing when captured, and stay in your house, lamenting for her father and mother for a full month. After that you may sleep with her and become her husband and she your wife. 14 If you are not pleased with her, then you must let her go where she pleases. You cannot in any case sell her; you must not take advantage of her, since you have already humiliated her. 15 Suppose a man has two wives, one he loves and one he hates30, and they both bear him sons, with the firstborn being the child of the less-loved wife.⁠ 16 In the day he divides his inheritance he must not appoint as firstborn the son of the favorite wife in place of the other wife’s son who is actually the firstborn. 17 Rather, he must acknowledge the son of the less-loved wife as firstborn and give him the double portion of all he has, for that son is the beginning of his father’s procreative power—to him should go the right of the firstborn.⁠ 18 If a person has a stubborn, rebellious son who pays no attention to his father or mother, and they discipline him to no avail, 19 his father and mother must seize him and bring him to the elders at the gate of his city. 20 They must declare to the elders of his city, “Our son is stubborn and rebellious and pays no attention to what we say—he is a glutton and drunkard.”⁠ 21 Then all the men of his city must stone him to death. In this way you will purge wickedness from among you, and all Israel will hear about it and be afraid. 22 If a person commits a sin punishable by death and is executed, and you hang the corpse on a tree,⁠ 23 his body must not remain all night on the tree; instead you must make certain you bury him that same day, for the one who is left exposed on a tree is cursed by God.⁠ You must not defile your land that the Lord your God is giving you as an inheritance.

Texts in conversation

Compare Deuteronomy 21:23 and Joshua 8:29

Hebrew Bible

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Summary

Joshua describes defeated kings executed and hung on trees until evening, echoing Deuteronomy 21 that a body exposed on a tree must not remain overnight. This places Joshua’s actions in continuity with the Torah and also influenced by Assyrian practices.

Passages

Deuteronomy 21:23

Hebrew Bible
21 Then all the men of his city must stone him to death. In this way you will purge wickedness from among you, and all Israel will hear about it and be afraid. 22 If a person commits a sin punishable by death and is executed, and you hang the corpse on a tree, 23 his body must not remain all night on the tree; instead you must make certain you bury him that same day, for the one who is left exposed on a tree is cursed by God. You must not defile your land that the Lord your God is giving you as an inheritance.
750–400 BCE (scholarly estimate) Read in Deuteronomy

Joshua 8:29

Hebrew Bible
27 But Israel did plunder the cattle and the goods of the city, in keeping with the Lord’s orders to Joshua. 28 Joshua burned Ai and made it a permanently uninhabited mound (it remains that way to this very day). 29 He hung the king of Ai on a tree, leaving him exposed until evening. At sunset Joshua ordered that his corpse be taken down from the tree. They threw it down at the entrance of the city gate and erected over it a large pile of stones (it remains to this very day). 30 Then Joshua built an altar for the Lord God of Israel on Mount Ebal, 31 just as Moses the Lord’s servant had commanded the Israelites. As described in the law scroll of Moses, it was made with uncut stones untouched by an iron tool. On it they offered burnt sacrifices to the Lord and sacrificed tokens of peace.
600–501 BCE (scholarly estimate) Read in Joshua

References

"... In my opinion, the description of impalement in Joshua 8:29 was not initially designed to illustrate Deuteronomic law, but rather takes its inspiration from the prevalent Neo-Assyrian practice directed against foreign enemies in wartime. The reliefs of the conquest of Lachish illustrate how Sennacherib carried out this practice in Judah during his third campaign. In my opinion, the early conquest account did not object to the idea that the Israelites should treat the kings of Canaan in the same fashion that Assyrians had treated Judean captives during the campaigns of the seventh century. I think that a later scribe, in the late sixth century or later, assumed that the rationale that was added to the law in Deuteronomy 21:22–23 should also apply to the period of the conquest in order to preserve the land of Israel’s inheritance from pollution. To this end, he added the details about removing the body of the king of Ai at sunset and interning his corpse in the cairn. In this case, a late Deuteronomistic revision of the Ai narrative employed the law in Deuteronomy 21:22–23 in an exegetical fashion ..."
Cynthia Edenburg, “Paradigm, Illustrative Narrative, or Midrash: The Case of Josh 7-8 and Deuteronomic/istic Law,” in The Reception of Biblical War Legislation in Narrative Contexts: Proceedings of the EABS Research Group "Law and Narrative", ed. Christoph Berner (Berlin: de Gruyter, 2015), 163–178.

References are not endorsements of their contents. Read each reference in full to understand its author's intentions in using these texts.

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Deuteronomy 21:23 and Joshua 8:29

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