Deuteronomy 21:19

Then shall his father and his mother lay hold on him, and bring him out unto the elders of his city, and unto the gate of his place;

EXPOSITORY (ENGLISH BIBLE)

Benson Commentary

Deuteronomy 21:19. His father and mother — The consent of both is required, to prevent the abuse of this law to cruelty. And it cannot reasonably be supposed that both would agree without the son’s abominable and incorrigible wickedness, in which case it seems a righteous law, because the crime of rebellion against his own parents did so fully signify what a pernicious member he would be in the commonwealth of Israel, who had dissolved all his natural obligations. Unto the elders — Which was a sufficient caution to preserve children from the malice of any hard-hearted parents, because these elders were first to examine the cause with all exactness, and then to pronounce the sentence.

Matthew Henry's Concise Commentary

21:18-21 Observe how the criminal is here described. He is a stubborn and rebellious son. No child was to fare the worse for weakness of capacity, slowness, or dulness, but for wilfulness and obstinacy. Nothing draws men into all manner of wickedness, and hardens them in it more certainly and fatally, than drunkenness. When men take to drinking, they forget the law of honouring parents. His own father and mother must complain of him to the elders of the city. Children who forget their duty, must thank themselves, and not blame their parents, if they are regarded with less and less affection. He must be publicly stoned to death by the men of his city. Disobedience to a parent's authority must be very evil, when such a punishment was ordered; nor is it less provoking to God now, though it escapes punishment in this world. But when young people early become slaves to sensual appetites, the heart soon grows hard, and the conscience callous; and we can expect nothing but rebellion and destruction.

Barnes' Notes on the Bible

The formal accusation of parents against a child was to be received without inquiry, as being its own proof. Thus the just authority of the parents is recognized and effectually upheld (compare Exodus 20:12; Exodus 21:15, Exodus 21:17; Leviticus 20:9); but the extreme and irresponsible power of life and death, conceded by the law of Rome and other pagan nations, is withheld from the Israelite father. In this, as in the last law, provision is made against the abuses of a necessary authority.

Jamieson-Fausset-Brown Bible Commentary

18-21. If a man have a stubborn and rebellious son—A severe law was enacted in this case. But the consent of both parents was required as a prevention of any abuse of it; for it was reasonable to suppose that they would not both agree to a criminal information against their son except from absolute necessity, arising from his inveterate and hopeless wickedness; and, in that view, the law was wise and salutary, as such a person would be a pest and nuisance to society. The punishment was that to which blasphemers were doomed [Le 24:23]; for parents are considered God's representatives and invested with a portion of his authority over their children.

Matthew Poole's Commentary

The consent of both father and mother is required to prevent the abuse of this law to cruelty. And it cannot reasonably be supposed that both would agree without manifest necessity, and the son’s abominable and incorrigible wickedness, in which case it seems a fit and righteous law, because the crime of rebellion against his own parents was so high in itself, and did so fully signify what a pernicious member and son of Belial he would be in the commonwealth of Israel, who had dissolved all his natural obligations. Yet the Jews say this law was never put in practice, and therefore it might be made for terror and prevention, and to render the authority of parents more sacred and powerful.

Bring him out unto the elders of his city; which was a sufficient caution to preserve children from the malice of any hard-hearted parents, because these elders were first to examine the cause with all exactness, and then to pronounce the sentence.

Gill's Exposition of the Entire Bible

Then shall his father and his mother lay hold on him,.... With their own hands, or cause him to be apprehended by others, in which they were to agree, and which the Jews gather from hence;"if (say they (y)) the father is willing (to bring him to justice), and the mother not willing, if his father is not willing and the mother is willing, he is not reckoned a stubborn or rebellious son, until they both agree:"

and bring him out unto the elders of his city; according to the Misnah (z), the sanhedrim, or court of judicature, consisting of twenty three; for they say, that after he has been admonished and scourged by order of the bench of three, if he returns to his corrupt and wicked ways again, he is judged by the court of twenty three:

and unto the gate of his place; or city, where the court sat; so the Targums of Onkelos and Jonathan, to the gate of the sanhedrim of his place.

(y) Misn. Sanhedrin, c. 8. sect. 4. (z) Ibid.

Geneva Study Bible

Then shall his father and his mother lay hold on him, and bring him out unto the elders of his city, and unto the gate of his place;

EXEGETICAL (ORIGINAL LANGUAGES)

Cambridge Bible for Schools and Colleges

19. lay hold] Deuteronomy 22:28; cp. Deuteronomy 9:17. Bring out, Deuteronomy 17:5, q.v., Deuteronomy 22:21; Deuteronomy 22:24. Elders of his city, see on Deuteronomy 19:12 and Deuteronomy 16:18. Gate of his place, as the local seat of judgement, Deuteronomy 22:15, Deuteronomy 25:7; cp. Ruth 4:1 f., Amos 5:10; Amos 5:12; Amos 5:15, Isaiah 29:21.

Deuteronomy 21:19

Keil and Delitzsch Biblical Commentary on the Old Testament

Punishment of a Refractory Son. - The laws upon this point aim not only at the defence, but also at the limitation, of parental authority. If any one's son was unmanageable and refractory, not hearkening to the voice of his parents, even when they chastised him, his father and mother were to take him and lead him out to the elders of the town into the gate of the place. The elders are not regarded here as judges in the strict sense of the word, but as magistrates, who had to uphold the parental authority, and administer the local police. The gate of the town was the forum, where the public affairs of the place were discussed (cf. Deuteronomy 22:15; Deuteronomy 25:7); as it is in the present day in Syria (Seetzen, R. ii. p. 88), and among the Moors (Hst, Nachrichten v. Marokkos, p. 239).