yield, nor were they to spare the tempters. The accumulation of synonyms (pity, spare, conceal) serves to make the passage more emphatic. כּסּה, to cover, i.e., to keep secret, conceal. They were to put him to death without pity, viz., to stone him (cf. Lev 20:2). That the execution even in this case was to be carried out by the regular authorities, is evident from the words, “thy hand shall be first against him to put him to death, and the hand of all the people afterwards,” which presuppose the judicial procedure prescribed in Deu 17:7, that the witnesses were to cast the first stones at the person condemned.
Verse 12
This was to be done, and all Israel was to hear it and fear, that no such wickedness should be performed any more in the congregation. The fear of punishment, which is given here as the ultimate end of the punishment itself, is not to be regarded as the principle lying at the foundation of the law, but simply, as Calvin expresses it, as “the utility and fruit of severity,” one reason for carrying out the law, which is not to be confounded with the so-called deterrent theory, i.e., the attempt to deter from crime by the mode of punishing (see my Archäologie, ii. p. 262).
verses 13-14
The third case is that of a town that had been led away to idolatry. “If thou shalt hear in one of thy cities.” בּאחת, not de una, of one, which שׁמע with בּ never can mean, and does not mean even in Job 26:14. The thought is not that they would hear in one city about another, as though one city had the oversight over another; but there is an inversion in the sentence, “if thou hear, that in one of thy cities...worthless men have risen up, and led the inhabitants astray to serve strange gods.” לאמר introduces the substance of what is heard, which follows in Deu 13:14. יצא merely signifies to rise up, to go forth. מקּרבּך, out of the midst of the people.
verses 15-16
Upon this report the people as a whole, of course through their rulers, were to examine closely into the affair (היטב, an adverb, as in Deu 9:21), whether the word was established as truth, i.e., the thing was founded in truth (cf. Deu 17:4; Deu 22:20); and if it really were so, they were to smite the inhabitants of that town with the edge of the sword (cf. Gen 34:26), putting the town and all that was in it under the ban. “All that is in it” relates to men, cattle, and the material property of the town, and not to men alone (Schultz). The clause from “destroying” to “therein” is a more minute definition of the punishment introduced as a parenthesis; for “the cattle thereof,” which follows, is also governed by “thou shalt smite.” The ban was to be executed in all its severity as upon an idolatrous city: man and beast were to be
