Deuteronomy 17:6

At the mouth of two witnesses, or three witnesses, shall he that is worthy of death be put to death; but at the mouth of one witness he shall not be put to death.

EXPOSITORY (ENGLISH BIBLE)

Benson Commentary

Deuteronomy 17:6. Witnesses — Namely, credible and competent witnesses. The Jews rejected the testimonies of children, women, servants, familiar friends, or enemies, persons of dissolute lives or evil fame.

Matthew Henry's Concise Commentary

17:1-7 No creature which had any blemish was to be offered in sacrifice to God. We are thus called to remember the perfect, pure, and spotless sacrifice of Christ, and reminded to serve God with the best of our abilities, time, and possession, or our pretended obedience will be hateful to him. So great a punishment as death, so remarkable a death as stoning, must be inflicted on the Jewish idolater. Let all who in our day set up idols in their hearts, remember how God punished this crime in Israel.

Barnes' Notes on the Bible

Compare Deuteronomy 13:1 ff. Here special reference is made to the legal forms to be adopted, Deuteronomy 17:5-7. The sentence was to be carried into effect at "the gates" (compare Genesis 19:1 note) of the town in which the crime was committed; because, as "all the people" were to take a part, an open space would be requisite for the execution. Note the typical and prophetical aspect of the injunction; compare Acts 7:58; Hebrews 13:12.

Jamieson-Fausset-Brown Bible Commentary

De 17:2-7. Idolaters Must Be Slain.

2-7. If there be found among you … man or woman, that hath wrought wickedness—The grand object contemplated in choosing Israel was to preserve the knowledge and worship of the one true God; and hence idolatry of any kind, whether of the heavenly bodies or in some grosser form, is called "a transgression of His covenant." No rank or sex could palliate this crime. Every reported case, even a flying rumor of the perpetration of so heinous an offense, was to be judicially examined; and if proved by the testimony of competent witnesses, the offender was to be taken without the gates and stoned to death, the witnesses casting the first stone at him. The object of this special arrangement was partly to deter the witnesses from making a rash accusation by the prominent part they had to act as executioners, and partly to give a public assurance that the crime had met its due punishment.

Matthew Poole's Commentary

At the mouth, i.e. upon the testimony delivered upon oath before the magistrates.

Three witnesses, to wit, credible and competent witnesses. The Jews rejected the testimonies of madmen. children, women, servants, familiar friends, or enemies, persons of dissolute lives and evil fame.

Gill's Exposition of the Entire Bible

At the mouth of two witnesses, or three witnesses, shall he that is worthy of death be put to death,.... The idolater found guilty was to be stoned; two witnesses were sufficient to prove a fact, if three the better, but, on the testimony of one, sentence might not be pronounced. Aben Ezra observes, that some say, if two witnesses contradict two other, a third turns the scale and determines the matter; and others say, that two who are wise men will do, and three of others; and because it is said "at the mouth" of these witnesses, it is concluded, that a testimony should be verbal and not written; should not be recorded, neither in pecuniary cases nor in capital ones, but from the mouth of the witnesses, as it is said "at the mouth", &c. at their mouth, and not from their handwriting (e):

but at the mouth of one witness he shall not be put to death; so careful is the Lord of the lives of men, that none should be taken away but upon full and sufficient evidence, even in cases in which his own glory and honour is so much concerned.

(e) Maimon. Hilchot Eduth, c. 3. sect. 4.

Geneva Study Bible

At the mouth of two witnesses, or three witnesses, shall he that is worthy of death be put to death; but at the mouth of one witness he shall not be put to death.

EXEGETICAL (ORIGINAL LANGUAGES)

Cambridge Bible for Schools and Colleges

6. At the mouth of two witnesses or at the mouth of three witnesses] So Sam. and LXX, as in Deuteronomy 19:15, where the law, here applied to a particular case, is more generally stated. Cp. P, Numbers 35:30.

Pulpit Commentary

Verses 6, 7. - Only on the testimony of more than one witness could the accused be condemned (of Numbers 35:30); and the hand of the witnesses was to be first against him to put him to death - a rule which would tend to prevent accusations being lightly adduced, as none would venture to witness against any one unless so deeply convinced of his guilt that they were willing to assume the responsibility of inflicting on him the last penalty with their own hands. Worthy of death be put to death; i.e. adjudged or appointed to death; literally, the dead man shall die. מֵת, the part. of מוּת, to die, is here equivalent to בֶּן מָוֶת, son of death (1 Samuel 20:31), or אִישׁ מָוֶת, a man of death (1 Kings 2:26), i.e. one assigned to death, already the property of death, and so as good as dead. Put the evil away; literally, consume or sweep away the evil. The verb בָּעַר means primarily to consume by burning. Deuteronomy 17:6

Keil and Delitzsch Biblical Commentary on the Old Testament

If such a case should occur, as that a man or woman transgressed the covenant of the Lord and went after other gods and worshipped them; when it was made known, the facts were to be carefully inquired into; and if the charge were substantiated, the criminal was to be led out to the gate and stoned. On the testimony of two or three witnesses, not of one only, he was to be put to death (see at Numbers 35:30); and the hand of the witnesses was to be against him first to put him to death, i.e., to throw the first stones at him, and all the people were to follow. With regard to the different kinds of idolatry in Deuteronomy 17:3, see Deuteronomy 4:19. (On Deuteronomy 17:4, see Deuteronomy 13:15.) "Bring him out to thy gates," i.e., to one of the gates of the town in which the crime was committed. By the gates we are to understand the open space near the gates, where the judicial proceedings took place (cf. Nehemiah 8:1, Nehemiah 8:3; Job. Deu 29:7), the sentence itself being executed outside the town (cf. Deuteronomy 22:24; Acts 7:58; Hebrews 13:12), just as it had been outside the camp during the journey through the wilderness (Leviticus 24:14; Numbers 15:36), to indicate the exclusion of the criminal from the congregation, and from fellowship with God. The infliction of punishment in Deuteronomy 17:5. is like that prescribed in Deuteronomy 13:10-11, for those who tempted others to idolatry; with this exception, that the testimony of more than one witness was required before the sentence could be executed, and the witnesses were to be the first to lift up their hands against the criminal to stone him, that they might thereby give a practical proof of the truth of their statement, and their own firm conviction that the condemned was deserving of death, - "a rule which would naturally lead to the supposition that no man would come forward as a witness without the fullest certainty or the greatest depravity" (Schnell, das isr. Recht).

(Note: "He assigned this part to the witnesses, chiefly because there are so many whose tongue is so slippery, not to say good for nothing, that they would boldly strangle a man with their words, when they would not dare to touch him with one of their fingers. It was the best remedy, therefore, that could be tried for restraining such levity, to refuse to admit the testimony of any man who was not ready to execute judgment with his own hand" (Calvin).)

המּת (Deuteronomy 17:6), the man exposed to death, who was therefore really ipso facto already dead. "So shalt thou put the evil away," etc.: cf. Deuteronomy 13:6.