Care had been taken by some preceding laws for the vigorous and effectual persecution of a wilful murderer (Deu 19:11 etc.), the putting of whom to death was the putting away of the guilt of blood from the land; but if this could not be done, the murderer not being discovered, they must not think that the land was in no danger of contracting any pollution because it was not through any neglect of theirs that the murderer was unpunished; no, a great solemnity is here provided for the putting away of the guilt, as an expression of their dread and detestation of that sin.

I.The case supposed is that one is found slain, and it is not known who slew him, Deu 21:1. The providence of God has sometimes wonderfully brought to light these hidden works of darkness, and by strange occurrences the sin of the guilty has found them out, insomuch that it has become a proverb, Murder will out. But it is not always so; now and then the devil's promises of secresy and impunity in this world are made good; yet it is but for a while: there is a time coming when secret murders will be discovered; the earth shall disclose her blood (Isa 26:21), upon the inquisition which justice makes for it; and there is an eternity coming when those that escaped punishment from men will lie under the righteous judgment of God. And the impunity with which so many murders and other wickednesses are committed in this world makes it necessary that there should be a day of judgment, to require that which is past, Ecc 3:15.

II.Directions are given concerning what is to be done in this case. Observe,

1.It is taken for granted that a diligent search had been made for the murderer, witnesses examined, and circumstances strictly enquired into, that if possible they might find out the guilty person; but if, after all, they could not trace it out, not fasten the charge upon any, then, (1.) The elders of the next city (that had a court of three and twenty in it) were to concern themselves about this matter. If it were doubtful which city was next, the great sanhedrim were to send commissioners to determine that matter by an exact measure, Deu 21:2, Deu 21:3. Note, Public persons must be solicitous about the public good; and those that are in power and reputation in cities must lay out themselves to redress grievances, and reform what is amiss in the country and neighbourhood that lie about them. Those that are next to them should have the largest share of their good influence, as ministers of God for good. (2.) The priests and Levites must assist and preside in this solemnity (Deu 21:5), that they might direct the management of it in all points according to the law, and particularly might be the people's mouth to God in the prayer that was to be put up on this sad occasion, Deu 21:8. God being Israel's King, his ministers must be their magistrates, and by their word, as the mouth of the court and learned in the laws, every controversy must be tried. It was Israel's privilege that they had such guides, overseers, and rulers, and their duty to make use of them upon all occasions, especially in sacred things, as this was. (3.) They were to bring a heifer down into a rough and unoccupied valley, and to kill it there, Deu 21:3, Deu 21:4. This was not a sacrifice (for it was not brought to the altar), but a solemn protestation that thus they would put the murderer to death if they had him in their hands. The heifer must be one that had not drawn in the yoke, to signify (say some) that the murderer was a son of Belial; it must be brought into a rough valley, to signify the horror of the fact, and that the defilement which blood brings upon a land turns it into barrenness. And the Jews say that unless, after this, the murderer was found out, this valley where the heifer was killed was never to be tilled nor sown. (4.) The elders were to wash their hands in water over the heifer that was killed, and to profess, not only that they had not shed this innocent blood themselves, but that they knew not who had (Deu 21:6, Deu 21:7), nor had knowingly concealed the murderer, helped him to make his escape, or been any way aiding or abetting. To this custom David alludes, Psa 26:6, I will wash my hands in innocency; but if Pilate had any eye to it (Mat 27:24) he wretchedly misapplied it when he condemned Christ, knowing him to be innocent, and yet acquitted himself from the guilt of innocent blood. Protestatio non valet contra factum - Protestations are of no avail when contradicted by fact. (5.) The priests were to pray to God for the country and nation, that God would be merciful to them, and not bring upon them the judgments which the connivance at the sin of murder would deserve. It might be presumed that the murderer was either one of their city or was now harboured in their city; and therefore they must pray that they might not fare the worse for his being among them, Num 16:22. Be merciful, O Lord, to thy people Israel, Deu 21:8. Note, When we hear of the wickedness of the wicked we have need to cry earnestly to God for mercy for our land, which groans and trembles under it. We must empty the measure by our prayers which others are filling by their sins. Now,

2.This solemnity was appointed, (1.) That it might give occasion to common and public discourse concerning the murder, which perhaps might some way or other occasion the discovery of it. (2.) That it might possess people with a dread of the guilt of blood, which defiles not only the conscience of him that sheds it (this should engage us all to pray with David, Deliver me from blood-guiltiness), but the land in which it is shed; it cries to the magistrate for justice on the criminal, and, if that cry be not heard, it cries to heaven for judgment on the land. If there must be so much care employed to save the land from guilt when the murderer was not known, it was certainly impossible to secure it from guilt if the murderer was known and yet protected. All would be taught, by this solemnity, to use their utmost care and diligence to prevent, discover, and punish murder. Even the heathen mariners dreaded the guilt of blood, Jon 1:14. (3.) That we might all learn to take heed of partaking in other men's sins, and making ourselves accessory to them ex post facto - after the fact, by countenancing the sin or sinner, and not witnessing against it in our places. We have fellowship with the unfruitful works of darkness if we do not reprove them rather, and bear our testimony against them. The repentance of the church of Corinth for the sin of one of their members produced such a carefulness, such a clearing of themselves, such a holy indignation, fear, and revenge (Co2 7:11), as were signified by the solemnity here appointed.

The elders of that city shall bring down the heifer unto a rough valley,.... Cities being generally built on hills, and so had adjacent valleys, to which there was a descent; but here a rough valley, or the rougher part of it, was selected for this purpose. As a valley is low, and this a rough one, it may be an emblem of Christ's being brought into this lower world, from heaven to earth, to do the will of his Father, which was to work out the salvation of his people; and of his coming into the lower parts of the earth, the womb of the virgin, at his incarnation, and to the grave at his death, Psa 139:15, and of the low estate he came into by the assumption of human nature; through appearing in the form of a servant, being in indigent circumstances, and ministered to by others, and needing the assistance of angels in the wilderness and garden, by which it appeared he was made lower than they; by his being despised of men, and forsaken by his Father; all which are proofs of the low estate he was brought into, fitly signified by a valley, and which was a rough valley to him; in which he was roughly treated, his life being sought after in his infancy by Herod, which obliged the flight of his parents with him into Egypt; and being not received, but rejected by his own, as the King Messiah, whom they would not have to reign over them, and loaded with opprobrious names by them; and who often sought and attempted by various ways to take away his life; and when apprehended and examined before the high priest, and in Pilate's hall, was used in the rudest manner, being spit upon, buffeted, and scourged; and when led out to be crucified, was treated in the most barbarous and scornful manner, and was put to death in the most painful and shameful way; and, above all, was severely handled by the justice of God, being numbered among the transgressors, when the sword of justice was awaked against him, and he was not in the least spared, but wrath came upon him to the uttermost for the sins of his people; so that this world he was brought into proved a rough valley indeed to him. This some take to be an emblem of the hard heart of the murderer who had committed such a barbarous and cruel action as to kill a man; or of the hard heart of a sinner, into which Christ is brought through the ministry of the word; or of the infamous place, Calvary, where Christ was brought to suffer death; but the former is best. Some interpret it, a "strong stream" (q), or "rapid torrent"; so Maimonides (r) and others; and indeed in valleys there are generally streams or brooks of water, but this seems not so well to agree with what follows:

which is neither cared nor sown; that is, neither ploughed nor sown, but quite an uncultivated place; and this the Jews understand not of what it had been, or then was, but what it should be hereafter; that from henceforward it should never be manured, but lie barren and useless; so it is said in the Misnah (s), the place is forbid sowing or tilling, but is free to dress flax in, or to dig stones out of it: so R. Joseph Kimchi (t) interprets this of a fat and fruitful valley, which was not to be tilled nor sown from thenceforward for time to come; the reason of which he thinks was, that they might be the more careful of their countries and borders, and how they encouraged bloody minded men to dwell among them; that no slain person might be found there, and so they lose a choice part of their possessions; and to the same purpose Maimonities (u): and this became true of the fruitful land of Judea and Jerusalem, after the sufferings and death of Christ there, Luk 21:24.

and shall strike off the heifer's neck there in the valley; with an axe, on the back part of it, in the midst of the valley, as the Targum of Jonathan, and the same is said in the Misnah (w): in this it was a type of Christ, who was put to death at the instigation of the elders of the Jewish nation, Mat 27:1 and without the gates of Jerusalem at Golgotha; see Heb 13:11.

(q) "ad torrentem fortem", Montanus. (r) Hilchot Rotzeach, c. 9. sect. 2, so Abarbinel in Muis. & Ben Melech. (s) Ut supra. (Sotah, c. 9. sect. 5.) (t) Apud D. Kimchi, Sepher Shorash, rad. (u) Moreh Nevochim, par. 3. c. 40. (w) Ut supra. (Sotah, c. 9. sect. 5.)