Deuteronomy 21: Law Concerning Murder by Persons Unknown / Female Captives
Warfare and murder. Today will be a bloody interesting day.
There is a lot of speech in the first section, which sets it apart from many other commandments. The more notable laws feature either an example or speech, rather than simply stating the commandment that is to be followed (which may or may not be followed by a reason such as "for the Lord your God brought you up out of the land of Egypt"). I call these "notable" because they are uncommon and might seem peculiar in comparison to modern legislation. In our legal system crimes are judged based on a set of laws that are shaped by past crimes. Lawyers use these past crimes to argue a case, but the laws themselves do not tell a story. Here laws do tell a story - in fact are told by a story. Let's listen in
Rules of Warfare: Deuteronomy 20
Moses, speaking on behalf of God, informs the congregation regarding warfare. The Israelites are told not to be afraid of armies larger than their own, with horses and chariots. After all, God brought them up out of Egypt against Pharaoh's forces. YHWH Sabaoth, the God fashioned for war, defends them.
Then a scene is painted for us. A priest appears before troops prepared for battle. He says,
"Hear, O Israel! Today you are drawing near to do battle against your enemies. Do not lose heart, or be afraid, or panic, or be in dread of them; for it is the Lord your God who goes with you, to fight for you against your enemies, to give you victory."The official will then attempt to weed out those who should not fight, asking questions of the gathered men: "Has anyone built a new house but not dedicated it? He should go back to his house, or he might die in the battle and another dedicate it." Anyone with unfinished business should return home to finish the business. It is not good to die in battle with things left to do. Similarly, men should return home who have planted a vineyard but not yet enjoyed its fruits, or have become engaged but are not yet married. Men who are afraid, the officials urge, should return home because "he might cause the heart of his comrades to melt like his own."
(Deut. 20.3-4)
Heart metaphors are common throughout the bible. They may be hardened, as was Pharaoh's, or they may be softened or melted as they are here. A hardened heart does not seem to necessarily be a bad thing. Rather, a hard heart indicates assuredness and strength in one's convictions. The opposite of a melted heart is a hard one, so the Israelites will need a hardened heart in battle.
The biblical author then shifts topics.
When drawing near to fight a town, the Israelites should first offer it peace terms. Under these terms the foreign people will become slaves. If the foreign people do not accept these terms, the Israelites will conquer them, with the aid of YHWH Sabaoth. All the men shall be killed and the women, children, livestock, and spoil of the town taken as booty. This is portrayed as a gift from God, which it does seem to be.
The biblical author then amends the commandment. The peace treaty is to be offered only to towns that are "very far away" from the Israelites. The towns that the Lord is giving as an inheritance must be utterly annihilated: Hittites, Amorites, Canaanites, Perizzites, Hivites, Jebusites alike. This is so that the Israelites will not pick up any bad habits from them, like worshipping foreign gods. At least, that is the reason given. The annihilation of anything that breathes keeps the promised land holy, separate to God. There will be none there that worship other gods. The regulation may indicate that worship of other gods by foreigners was okay - they only had to become slaves. The promised land, however, was holy and not to be contaminated by improper practices.
One final regulation is given regarding warfare. The Israelites may not cut down fruit-bearing trees when besieging a town: "Are trees in the field human beings that they should come under siege from you?" (Deut. 20.19). This is not animism, but rather a rhetorical question that might speak to the importance of keeping food sources in the land. Perhaps it could even be considered applied environmentalism. In any case, the reasoning behind this regulation will become clear in 2 Kings.
Law Concerning Murder by Persons Unknown: Deuteronomy 21.1-9
This law describes a ceremony akin to the scapegoat ceremony, both of which use animals as vessels that are capable of bearing human guilt.
If a dead body is found in open country, and it is unknown who killed the victim, the elders are to measure to the nearest town. [Presumably it is then assumed that this town is "guilty" in a symbolic sense, since nothing can be proved.] The elders in that town will sacrifice a heifer that has never done work by breaking its neck down in a wadi with running water. The priests shall then pronounce blessings for the victim. The elders of the town nearest the body should wash their hands over the heifer and declare, "Our hands did not shed this blood, nor were we witnesses to it. Absolve, O Lord, your people Israel, whom you redeemed; do not let the guilt of innocent blood remain in the midst of your people Israel" (Deut. 21.8). This absolves them of blood guilt.
The ceremony serves as a wonderful metaphor cleansing the death from the people. The transitory water of the wadi draws the blood away from the heifer and the hands of the people, just as the ceremony itself draws the guilt away from the town and the people within it.
Female Captives: Deuteronomy 21.10-14
Instructions are given regarding war brides. A woman captured in war is to be brought into the capturing man's house, where she will undergo a month-long ritual of mourning for her father and mother. She will also remove all traces of her previous life: shave her head, pare her nails, discard her clothing. Once the previous life has been symbolically removed and a moth has passed, a man may take her as his wife. If the man is not pleased with her, he should not sell her as a slave, but rather let her go free, since he has "dishonored her." The word "dishonor" carries with it a sexual connotation, probably indicating sexual coercion. All's not fair in love and war.
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