18 If a man have a stubborn and rebellious son, who will not obey the voice of his father, or the voice of his mother, and, though they chasten him, will not listen to them;
*Minor differences ignored. Grouped by changes, with first version listed as example.
If a man have a stubborn. What God had previously adverted to in two clauses, tie now embraces in a general law, for it cannot be doubted but that by rebellious children all are designated who are abusive or insulting to their father and mother. For if it be a capital crime to be disobedient to parents, much more is it to strike, or beat them, and to assail them with reproachful words. In sum, Moses declares that those are deserving of death who are of such a stubborn and intractable disposition as to reject the authority of their father and mother, and to hold them in contempt. Whence also we infer what it is to honor our father and mother, for the punishment is only denounced for the transgression of the Commandment. When, therefore, the law delivers over to death all who contumaciously rebel against the discipline of their parents, it follows that they have refused them their due honor. An admirable means, however, of moderating the severity of the law is introduced, when God requires the case to be decided on the evidence of the father and mother; and commands that it should be publicly heard, so that none may be condemned at the will of private individuals. By the Roman law the power of life and death over his children [1] was given to the father, because it was not probable that fathers would be carried away by such senseless inhumanity as to deal cruelly with their own bowels; but, since sometimes fathers are found who are not unlike wild beasts, and examples show us that many, blinded by hate or avarice, have not spared their own children, this concession of the Roman law is justly to be repudiated. I allow, indeed, that those who desired to inflict punishment on their children called their friends into council; but, whereas, the walls of a private dwelling conceal many disgraceful things, God imposed a much better restraint on parents when He did not suffer them to go further than to lay the information and to give their testimony. For, although he would have credit given to their testimony, still, when the children were brought to the tribunal of the judges, a legal trim undoubtedly ensued; and this form of proceeding is prescribed, viz., that the father and mother should bring their son and make their complaint before the judges of his incorrigible stubbornness. It is true that the sentence is immediately subjoined; yet we must infer, nevertheless, that the judges pronounced it before the criminal was stoned, else it would have been ridiculous that they should sit there like cyphers. The very mention of a trial, therefore, implies that the son was heard in his defense, so as to clear himself of the crime, if he was not guilty of it: for, suppose the moroseness of the father and mother were notorious; or that the father accused the son by the instigation of a stepmother; or that any unworthy spite were discovered; or that the father and mother had conspired to destroy their son in a fit of passion: the defense of the cause is, therefore, implied in the adverb then, [2] for it would have been more than absurd that the son should be condemned without being heard. Especially, when he was to be stoned by the whole people, it was necessary that he should be first convicted; and on this ground he was brought forth publicly, that he might be allowed to plead his cause. But although those were condemned who were addicted to other vices also, yet Moses expressly mentions gluttons and drunkards, to show that, although no capital crime were alleged, still, dissolute profligacy was sufficient, if the son could not be corrected by his parents; for it is plain that those are in a desperate state who have so east away submissiveness and shame as to receive no profit from the admonitions of their parents. From the end of the verse we gather what was the twofold object of the punishment -- that the earth should be purged of the sins whereby it was in a manner, polluted, and that the death of him who had transgressed might be an example to all.
1 - "A father among the Romans had the power of life and death over his children. He could not only expose them when infants, but, even when his children were grown up, he might imprison, scourge, send them bound to work in the country, and also put them to death by any punishment he pleased, if they deserved it. Sall. Cat., 39.; Liv., 2:41; 8:7; Dionys., 8:79." -- Adam's Rom. Antiq.
2 - The particle v sometimes has this force, but is here translated in A V and
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.
The stubborn, rebellious, gluttonous, and drunken son is to be stoned to death - This law, severe as it may seem, must have acted as a powerful preventive of crime. If such a law were in force now, and duly executed, how many deaths of disobedient and profligate children would there be in all corners of the land!
If a man have a stubborn and rebellious son, which will not obey the voice of his father, or the voice of his (k) mother, and [that], when they have chastened him, will not hearken unto them:
(k) For it is the mother's duty also to instruct her children.
If a man have a stubborn and rebellious son,.... It is observed (w) that this law quickly follows, and is subjoined to that which relates to the marriage of a woman taken captive, because often from such marriages wicked and refractory children have sprung, and which they exemplify in the case of Absalom, whose mother they say David took in war and married: the character of such a son follows, and by which it may be known that he is stubborn and rebellious; stubborn in his nature, and rebellious in his actions; behaves contrary to the laws of God, and the instructions of his parents; what he should do, that he does not; and what he should not do, that he does; will not do what is commanded him, and will do what is forbidden him, notwithstanding all counsels, admonitions, and corrections given him:
which will not obey the voice of his father, or the voice of his mother; is disobedient to the commands of either of them; see Proverbs 30:17 and, when they have chastened him, will not hearken to them; when they have reproved him by words, and corrected him with blows; the Jews understand this of scourging or beating by the order of the sanhedrim, after admonition given; it is said (x),"they admonish him before three (a court of judicature consisting of three judges), and they beat him; but it seems rather to respect private corrections of their own by words and stripes, which having no effect, they were to proceed as follows.''
(w) Moses Kotensis Mitzvot Torah, pr. affirm. 122. Kimchi in 2 Sam. 3. 3. (x) Misn. Sandedrin, c. 8. sect. 4.
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.
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 [Leviticus 24:23]; for parents are considered God's representatives and invested with a portion of his authority over their children.
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).
*More commentary available at chapter level.