Why must a condemned man hanged on a tree be buried the same day?

Atlas of Saints · Chapter summary

The chapter says that one who hangs on a tree is accursed of God. His body must not remain there but must be buried the same day, and Israel must not defile the land the Lord will give it.

Chapter breakdown

If the body of a slain man is found in the land the Lord will give Israel and the murderer is unknown, the elders and judges must measure the distance from the body to every surrounding city. The elders of the nearest city must take a heifer from the herd that has neither drawn a yoke nor ploughed the ground. They must bring it to a rough, stony valley never ploughed or sown, and strike off its head there. The priests, sons of Levi, must come; the Lord has chosen them to minister to him and bless in his name, and by their word every matter is to be decided and what is clean or unclean judged. The city elders must come to the slain person and wash their hands over the heifer killed in the valley. They must say that their hands did not shed the blood and their eyes did not see it, and ask the Lord to be merciful to his redeemed people Israel and not charge innocent blood to them. The guilt of blood will be taken from them. Israel will be free from the innocent blood shed when it has done what the Lord commanded.

If Israel fights its enemies, the Lord delivers them into its hand, and it leads them away captive, a man who sees a beautiful captive woman, loves her, and wants her as wife must bring her into his house. She must shave her hair, pare her nails, remove the clothes in which she was captured, remain in his house, and mourn her father and mother for one month. After that he shall go in to her and sleep with her, and she shall be his wife. If she later does not please him, he must let her go free. He may not sell her for money or oppress her by force, because he has humbled her.

If a man has two wives, one beloved and the other hated, both have children by him, and the hated wife’s son is the firstborn, he may not make the beloved wife’s son firstborn or prefer him when dividing his property among his sons. He must acknowledge the hated wife’s son as firstborn and give him a double portion of all he has. The stated reason is that this is the first of his children and the first birthrights belong to him.

If a man has a stubborn, unruly son who will not hear his father’s or mother’s commands and, though corrected, disregards obedience, they must take him to the city elders at the gate of judgment. They must say that their son is rebellious and stubborn, disregards their warnings, and gives himself to revelling, debauchery, and banquetings—wild partying, immoral excess, and feasting. The people of the city must stone him, and he must die, to take evil from their midst and so all Israel may hear and fear.

When a man has committed a crime punishable by death and, condemned to die, is hanged on a gibbet, his body must not remain on the tree but must be buried that same day. The reason given is that one who hangs on a tree is accursed of God. Israel must not defile the land the Lord will give it in possession.

The story inside

The chapter begins and ends with directions about a dead body. In the first case the murderer is unknown: distance measurement identifies the nearest city, whose elders perform the stated actions and prayer, with the priests present. Freedom from the innocent blood is tied to doing what the Lord commands. In the final case the man has committed a death-punishable crime and been condemned to die and hanged. The body must be buried the same day, with the stated reason concerning the curse and the command not to defile the land. Between these cases, separate rules address a captive woman, a firstborn son, and a stubborn son. The chapter gives conditions and required actions, not a record of a particular investigation, marriage, inheritance, or execution.

Lessons worth keeping

1
The unknown-murder procedure has named actors and conditions. Elders and judges measure distances; the nearest city’s elders use a heifer and valley meeting the stated conditions, wash their hands, and speak and pray. The priests’ role includes deciding matters and judging clean and unclean.
2
The family directions retain their specific limits. The captive woman mourns both parents for one month and must be freed if she later does not please the man, without sale or forceful oppression. The firstborn of the hated wife receives a double portion of all the father has.
3
The burial direction includes both timing and reason. The condemned man’s body must be buried the same day, because one hanged on a tree is accursed of God, and Israel must not defile the land it will receive.

Test your recall

Why must the body of the condemned man hanged on a tree be buried the same day?

Source edition and notes

Douay–Rheims, revised by Richard Challoner (1749–1752). Project Gutenberg no. 1581. Locators refer to lines in the admitted pg1581.txt edition. Source notes may include Challoner commentary.

Lines 20746–20784
Deuteronomy Chapter 21 The expiation of a secret murder. The marrying a captive. The eldest son must not be deprived of his birthright for hatred of his mother. A stubborn son is to be stoned to death. When one is hanged on a gibbet, he must be taken down the same day and buried. 21:1. When there shall be found in the land, which the Lord thy God will give thee, the corpse of a man slain, and it is not known who is guilty of the murder, 21:2. Thy ancients and judges shall go out, and shall measure from the place where the body lieth the distance of every city round about: 21:3. And the ancients of that city which they shall perceive to be nearer than the rest, shall take a heifer of the herd, that hath not drawn in the yoke, nor ploughed the ground, 21:4. And they shall bring her into a rough and stony valley, that never was ploughed, nor sown: and there they shall strike off the head of the heifer: 21:5. And the priests the sons of Levi shall come, whom the Lord thy God hath chosen to minister to him, and to bless in his name, and that by their word every matter should be decided, and whatsoever is clean or unclean should be judged. 21:6. And the ancients of that city shall come to the person slain, and shall wash their hands over the heifer that was killed in the valley, 21:7. And shall say: Our hands did not shed this blood, nor did our eyes see it. 21:8. Be merciful to thy people Israel, whom thou hast redeemed, O Lord, and lay not innocent blood to their charge, in the midst of thy people Israel. And the guilt of blood shall be taken from them: 21:9. And thou shalt be free from the innocent’s blood, that was shed, when thou shalt have done what the Lord hath commanded thee.
Lines 20786–20802
21:10. If thou go out to fight against thy enemies, and the Lord thy God deliver them into thy hand, and thou lead them away captives, 21:11. And seest in the number of the captives a beautiful woman, and lovest her, and wilt have her to wife, 21:12. Thou shalt bring her into thy house: and she shall shave her hair, and pare her nails, 21:13. And shall put off the raiment, wherein she was taken: and shall remain in thy house, and mourn for her father and mother one month: and after that thou shalt go in unto her, and shalt sleep with her, and she shall be thy wife. 21:14. But if afterwards she please thee not, thou shalt let her go free, but thou mayst not sell her for money nor oppress her by might because thou hast humbled her.
Lines 20804–20814
21:15. If a man have two wives, one beloved, and the other hated, and they have had children by him, and the son of the hated be the firstborn, 21:16. And he meaneth to divide his substance among his sons: he may not make the son of the beloved the firstborn, and prefer him before the son of the hated. 21:17. But he shall acknowledge the son of the hated for the firstborn, and shall give him a double portion of all he hath: for this is the first of his children, and to him are due the first birthrights.
Lines 20816–20829
21:18. If a man have a stubborn and unruly son, who will not hear the commandments of his father or mother, and being corrected, slighteth obedience: 21:19. They shall take him and bring him to the ancients of the city, and to the gate of judgment, 21:20. And shall say to them: This our son is rebellious and stubborn, he slighteth hearing our admonitions, he giveth himself to revelling, and to debauchery and banquetings: 21:21. The people of the city shall stone him: and he shall die, that you may take away the evil out of the midst of you, and all Israel hearing it may be afraid.
Lines 20831–20839
21:22. When a man hath committed a crime for which he is to be punished with death, and being condemned to die is hanged on a gibbet: 21:23. His body shall not remain upon the tree, but shall be buried the same day: for he is accursed of God that hangeth on a tree: and thou shalt not defile thy land, which the Lord thy God shall give thee in possession.