Verse 21. - The penalty of such crimes was death; but the power of inflicting this was not among the Hebrews - as among some other ancient peoples, the Greeks and Romans, for instance - left with the father; the punishment could be inflicted only by the community, with the sanction of the magistrate. A Hebrew parent might chastise his child with severity, but not so as to affect his life (Proverbs 19:18, "Chasten thy son while there is hope, but raise not thy soul [let not thy passion rise so high as] to slay him"). While parental authority was sacredly preserved, a check was by the Law imposed on hasty passion.

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.And all the men of his city shall stone him with stones, that he die,.... The populace; that is, after his trial is finished, and he is condemned to die; and he was not stoned until the three first judges were there (by whom he was admonished, and ordered to be beaten), as it it said, "this is our son", this is he that was beaten before you (f); and according to the Targum of Jonathan,"if he feared (God, and showed any token of repentance) and received instruction, and they (his parents) desired to preserve him alive, they preserved him; but if he refused and was rebellious, then they stoned him;''but the Jews say this law, and that of retaliation, were never put into execution:

so shalt thou put away evil from among you; put a stop to, and prevent such an evil for the future, and remove the guilt of it; or, as the Targum of Jonathan, him that doeth that evil:

and all Israel shall hear, and fear; it being to be publicly notified throughout the land, that such an one suffered death for such a crime, which would be a means of deterring others from the same; so Jarchi remarks,"here (says he) a proclamation was necessary to be made by the sanhedrim, as that such an one was stoned because he was stubborn and rebellious;''for the mystical sense of this see Ephesians 2:2.

(f) Misn. Sanhedrin, c. 3. sect. 4.