וַיִּקְבְּר֣וּ אֶת־עַצְמוֹת־שָׁא֣וּל וִיהוֹנָֽתָן־בְּ֠נוֹ בְּאֶ֨רֶץ בִּנְיָמִ֜ן בְּצֵלָ֗ע בְּקֶ֙בֶר֙ קִ֣ישׁ אָבִ֔יו וַֽיַּעֲשׂ֔וּ כֹּ֥ל אֲשֶׁר־צִוָּ֖ה הַמֶּ֑לֶךְ וַיֵּעָתֵ֧ר אֱלֹהִ֛ים לָאָ֖רֶץ אַֽחֲרֵי־כֵֽן׃ (פ)
사울과 그 아들 요나단의 뼈와 함께 베냐민 땅 셀라에서 그 아비 기스의 묘에 장사하되 모두 왕의 명대로 좇아 행하니라 그 후에야 하나님이 그 땅을 위하여 기도를 들으시니라
Rabbeinu Bahya
We have observed an example of the punishment which accrued to the Jewish people who had sworn an oath in public in the matter of פלגש בגבעה, (Judges 20,9) not to go home until they had punished the men of Givah for their vicious rape. This oath was a public declaration in the presence of Pinchas the High Priest (20,28). We find there that the people of Yavesh Gilead who had not participated in the punitive expedition against the people of Benjamin were killed, men, women and children because they had dishonoured their publicly given oath (Judges 21,10).This was a harsher punishment than is applied to people who desecrate the Sabbath. Another instance where the severity of not complying with a public oath is demonstrated was the edict of King Saul that no one was to taste any food until after the battle against the Philistines (Samuel I 14,24). Yonatan, King Saul’s eldest son, who had been unaware of his father’s decree and the public oath accepting it, had tasted a little honey in all innocence. In spite of Yonatan’s not having heard the prohibition the King was going to execute him had not the people intervened. (verses 44-45). At any rate, we learn from there that when someone deliberately violates his oath, (or an oath that he had agreed to though not initiated, he is subject to the death penalty.
I can show you that the Torah has compared the severity of violating an oath to the sin of adultery The Torah writes here in connection with swearing a false or unnecessary oath that G’d will never totally forgive a person guilty of this. You will also find the expression לא ינקה in Proverbs 6,29 where Solomon applies it to someone who indulges in sexual intercourse with someone else’s wife. We find that G’d punished the entire nation by a famine because King Saul had failed to honor an oath sworn to the Gibeonites by the leaders of the Jewish people under the rule of Joshua. G’d told David in Samuel II 21,1 that the famine was the punishment for Saul having killed some Gibeonites in contravention of an holy oath sworn to them at the time of Joshua. Only after this gross injustice had been wiped out by David handing over seven descendants of Saul did G’d again turn to His people with goodwill. (Samuel II 21,14).
Another tragedy involving non-compliance with an oath was the killing of Shimi ben Geyrah who had been sworn by Solomon on pain of death not to leave Jerusalem where he had been under house arrest since the death of David. Kings I 2,42 makes it clear that Solomon executed him for violating this oath. It is noteworthy that in all the Ten Commandments we find a specific reward promised for compliance only in connection with the commandment to honour father and mother, whereas a specific punishment is reserved for violation of the commandment not to worship idols and not to swear an unnecessary oath.
Many people think that the sin of murder and adultery are far worse than the sin of swearing a needless oath and they wonder why the Torah has reserved its condemnation for the sin of swearing an unnecessary oath rather than for committing murder or adultery. The answer is simple. Murder and adultery are the kinds of sins which cannot be committed all the time. One needs a special opportunity in order not to be caught; in the case of adultery one also needs a willing partner. Not only that; having murdered one person whom one hates is unlikely to lead to the same person again murdering other people against whom he harbors no ill will. Similarly, it is unlikely that someone wants to commit adultery again and again with different women as his libido may not have been aroused by them. Committing the sin of swearing unnecessary oaths, however, does not satisfy one’s evil urge and is not subject to special opportunities but is likely to become a way of life with a person who has indulged in that sin without being caught. The very fact that he who commits this sin generally does not even get a feeling of special satisfaction from doing it makes it such a dangerous sin, one which is liable to become a norm rather than the exception. This is why the Torah reserved the warning that G’d will never completely forgive someone who knowingly commits this sin. If Israel were guilty of no other sin than indulging in such oaths this would be enough to add years to our collective exile. Thus far the words of Ibn Ezra on this subject.
I can show you that the Torah has compared the severity of violating an oath to the sin of adultery The Torah writes here in connection with swearing a false or unnecessary oath that G’d will never totally forgive a person guilty of this. You will also find the expression לא ינקה in Proverbs 6,29 where Solomon applies it to someone who indulges in sexual intercourse with someone else’s wife. We find that G’d punished the entire nation by a famine because King Saul had failed to honor an oath sworn to the Gibeonites by the leaders of the Jewish people under the rule of Joshua. G’d told David in Samuel II 21,1 that the famine was the punishment for Saul having killed some Gibeonites in contravention of an holy oath sworn to them at the time of Joshua. Only after this gross injustice had been wiped out by David handing over seven descendants of Saul did G’d again turn to His people with goodwill. (Samuel II 21,14).
Another tragedy involving non-compliance with an oath was the killing of Shimi ben Geyrah who had been sworn by Solomon on pain of death not to leave Jerusalem where he had been under house arrest since the death of David. Kings I 2,42 makes it clear that Solomon executed him for violating this oath. It is noteworthy that in all the Ten Commandments we find a specific reward promised for compliance only in connection with the commandment to honour father and mother, whereas a specific punishment is reserved for violation of the commandment not to worship idols and not to swear an unnecessary oath.
Many people think that the sin of murder and adultery are far worse than the sin of swearing a needless oath and they wonder why the Torah has reserved its condemnation for the sin of swearing an unnecessary oath rather than for committing murder or adultery. The answer is simple. Murder and adultery are the kinds of sins which cannot be committed all the time. One needs a special opportunity in order not to be caught; in the case of adultery one also needs a willing partner. Not only that; having murdered one person whom one hates is unlikely to lead to the same person again murdering other people against whom he harbors no ill will. Similarly, it is unlikely that someone wants to commit adultery again and again with different women as his libido may not have been aroused by them. Committing the sin of swearing unnecessary oaths, however, does not satisfy one’s evil urge and is not subject to special opportunities but is likely to become a way of life with a person who has indulged in that sin without being caught. The very fact that he who commits this sin generally does not even get a feeling of special satisfaction from doing it makes it such a dangerous sin, one which is liable to become a norm rather than the exception. This is why the Torah reserved the warning that G’d will never completely forgive someone who knowingly commits this sin. If Israel were guilty of no other sin than indulging in such oaths this would be enough to add years to our collective exile. Thus far the words of Ibn Ezra on this subject.
Ramban
AND THOU SHALT HANG HIM. “Our Rabbis have said:103Sanhedrin 45b. All that have been stoned must be hanged. It is this which is stated, for he that is hanged is a reproach unto G-d,104Verse 23. and is a degradation of the King, for man is made in the image of the King, and the Israelites are His children. There is a parable of two brothers who resembled each other etc.”105“One became king and the other was arrested for robbery and hanged. Whoever saw him hanging said that the king was hanged.” (Rashi, quoting the words of the Rabbis in Sanhedrin 46b). This is Rashi’s language. “All that have been stoned must be hanged” are the words of an individual Sage [i.e., Rabbi Eliezer],103Sanhedrin 45b. but the law is according to the words of the Sages that no offender [executed by] stoning is hanged save the blasphemer and the idolator. This is the sense of the phrase, for he that is hanged is a reproach unto G-d,104Verse 23. — because people will say, “Why was this person hanged? Because he blasphemed G-d or worshipped a particular idol by means of this particular service, and he saw therein this sign or wonder.” The discussion of the idol and the service thereof are considered a k’lalah [“a reproach” to G-d]. Or it is an expression of “degradation” as the Rabbi [Rashi] mentioned, from the expressions and he cursed me with a grievous ‘k’lalah (curse);106I Kings 2:8. that his sons did bring ‘a curse’ upon themselves107I Samuel 3:13. [both verses being expressions of] contempt. And the parable concerning the twin brothers contains a secret; it does not refer, as the Rabbi thought, to the Israelites who are called the children of G-d.108See above, 14:1. Aboth 3:15.
In line with the simple meaning of Scripture the verse is stating: “If a man has committed a great sin for which he is deserving of death and of hanging on a tree because of the grievous nature of his sin, nevertheless his body shall not remain all night upon the tree,104Verse 23. for the most accursed and blasted of all people is the hanged. Among all forms of death, there is none as ugly and despicable like it [this degradation of the human body], and it is not fitting that we defile the Land and that G-d’s curse be within the Holy Land, for there the Eternal commanded the blessing, even life forever.109Psalms 133:3. Therefore Joshua commanded and they took them down off the trees.110Joshua 10:27.
In my opinion the affair of Saul’s children who were left hanging111II Samuel 21:1-10. Related there is the event of a three-year famine in the days of King David. When he asked G-d the reason for it, he was told that it was in punishment of Saul’s mistreatment of the Gibeonites. (See Note 116 for the nature of Saul’s sin.) When David asked the Gibeonites how they could be appeased, they requested that they be given seven men of Saul’s family whom they would hang. As much as the king tried to mollify them, they insisted upon satisfying their lust for vengeance upon members of Saul’s family. When David acceded to their wishes, they left the victims hanging for a long period of time until the rains came. — The question here arises as to why David allowed the victims to be left hanging when the Torah states, his body shall not remain all night upon the tree? The answer follows in the text. — It should also be pointed out that because of their display of cruelty the Gibeonites were forever banned from marrying into Israel (Yebamoth 79a). was because they were not hanged by a court of Israel, nor by any Israelite. Rather, David who turned them [the seven members of Saul’s family] over to the Gibeonites to do as they pleased with them, and it was they who hanged them [Saul’s relatives] and did not wish to bury them in order to demonstrate their vengeance against Saul’s family, and those that remain shall hear, and fear.98Ibid., 19:20: And those that remain shall hear, and fear. But when water was poured upon them from heaven112II Samuel 21:10. then David knew that their sin had been forgiven, and that G-d was entreated for the Land,113Ibid., Verse 14. that the Eternal had remembered the Land114See Ruth 1:6. with rain and the famine would end. Then he commanded and they [the Israelites] buried them with their fathers115See II Samuel 21:13-14. in honor of their royal status. David bore no guilt at all [in the entire affair], for we were commanded only that we not defile the Land by allowing someone whom we hanged [to remain on a gallows overnight]. Now, G-d did not want to forgive their sin [i.e., the sin of Saul’s conduct towards the Gibeonites] immediately in order to let it be known that G-d loves proselytes, as our Rabbis have said.116Joshua had made the Gibeonites hewers of wood and drawers of water for the congregation, and for the altar of the Eternal (Joshua 9:26). When Saul smote Nob, the city of the priests (I Samuel 22:19) the Gibeonites were thus deprived of their source of livelihood. It was this grudge that they held against Saul and his family. When they finally satisfied their vengeful feelings against the members of Saul’s family, all the heathens proclaimed “There is no nation as worthy of our allegiance as Israel! See how the G-d of Israel atoned for a wrong inflicted upon wretched proselytes through the sons of kings!” At that time, one hundred and fifty thousand heathens were converted to Judaism, because it was shown that G-d loves proselytes (Yebamoth 79a).
And Rabbi Abraham ibn Ezra said by way of the plain meaning of Scripture [that the phrase ki kilelath Elokim talui104Verse 23. means] “that it is G-d Who invokes the evil, and the curse will descend upon the place near the hanged person, for there is a secret [in the fact that the contaminated air surrounding the corpse] affects the soul [of the living]. Therefore thou defile not thy Land. ”104Verse 23. Thus whoever allows the body [of a criminal] to hang overnight transgresses both a negative commandment [his body shall not remain all night upon the tree]104Verse 23. and a positive commandment117These are so listed among the Taryag (613) Commandments. See “The Commandments,” Vol. I, pp. 243-244, and Vol. II, p. 65. [but thou shalt surely bury him the same day].104Verse 23. Our Rabbis have likewise interpreted118Sanhedrin 46a-b. that the same law applies to all other dead, that whoever suffers his dead to remain overnight, except in order to render it honor,119Such as the need for more time to secure a coffin, burial clothes, mourners, etc. (ibid.). If the burial is delayed for any of these reasons, no transgression is committed. [violates the above commandments]. Just as [leaving the criminal hanging overnight upon] “the tree” is a form of disgrace, so all forms of disrespect [shown to the dead are also forbidden]. Now, according to the opinion of the Rabbis [that this law applies equally to every deceased, we must say] that the phrase ki kilelath Elokim talui104Verse 23. states that “although this criminal is deserving of disgrace” because of his great sin, nevertheless you shall not do so. And the parable of the two brothers [mentioned above] applies to everyone who suffers his dead to remain overnight. So also the curse [emanating from a corpse] to which Rabbi Abraham ibn Ezra referred, applies to every house where there is a dead person, and therefore he defiles everyone that cometh into the tent, and every thing that is in the tent.120Numbers 19:14.
In line with the simple meaning of Scripture the verse is stating: “If a man has committed a great sin for which he is deserving of death and of hanging on a tree because of the grievous nature of his sin, nevertheless his body shall not remain all night upon the tree,104Verse 23. for the most accursed and blasted of all people is the hanged. Among all forms of death, there is none as ugly and despicable like it [this degradation of the human body], and it is not fitting that we defile the Land and that G-d’s curse be within the Holy Land, for there the Eternal commanded the blessing, even life forever.109Psalms 133:3. Therefore Joshua commanded and they took them down off the trees.110Joshua 10:27.
In my opinion the affair of Saul’s children who were left hanging111II Samuel 21:1-10. Related there is the event of a three-year famine in the days of King David. When he asked G-d the reason for it, he was told that it was in punishment of Saul’s mistreatment of the Gibeonites. (See Note 116 for the nature of Saul’s sin.) When David asked the Gibeonites how they could be appeased, they requested that they be given seven men of Saul’s family whom they would hang. As much as the king tried to mollify them, they insisted upon satisfying their lust for vengeance upon members of Saul’s family. When David acceded to their wishes, they left the victims hanging for a long period of time until the rains came. — The question here arises as to why David allowed the victims to be left hanging when the Torah states, his body shall not remain all night upon the tree? The answer follows in the text. — It should also be pointed out that because of their display of cruelty the Gibeonites were forever banned from marrying into Israel (Yebamoth 79a). was because they were not hanged by a court of Israel, nor by any Israelite. Rather, David who turned them [the seven members of Saul’s family] over to the Gibeonites to do as they pleased with them, and it was they who hanged them [Saul’s relatives] and did not wish to bury them in order to demonstrate their vengeance against Saul’s family, and those that remain shall hear, and fear.98Ibid., 19:20: And those that remain shall hear, and fear. But when water was poured upon them from heaven112II Samuel 21:10. then David knew that their sin had been forgiven, and that G-d was entreated for the Land,113Ibid., Verse 14. that the Eternal had remembered the Land114See Ruth 1:6. with rain and the famine would end. Then he commanded and they [the Israelites] buried them with their fathers115See II Samuel 21:13-14. in honor of their royal status. David bore no guilt at all [in the entire affair], for we were commanded only that we not defile the Land by allowing someone whom we hanged [to remain on a gallows overnight]. Now, G-d did not want to forgive their sin [i.e., the sin of Saul’s conduct towards the Gibeonites] immediately in order to let it be known that G-d loves proselytes, as our Rabbis have said.116Joshua had made the Gibeonites hewers of wood and drawers of water for the congregation, and for the altar of the Eternal (Joshua 9:26). When Saul smote Nob, the city of the priests (I Samuel 22:19) the Gibeonites were thus deprived of their source of livelihood. It was this grudge that they held against Saul and his family. When they finally satisfied their vengeful feelings against the members of Saul’s family, all the heathens proclaimed “There is no nation as worthy of our allegiance as Israel! See how the G-d of Israel atoned for a wrong inflicted upon wretched proselytes through the sons of kings!” At that time, one hundred and fifty thousand heathens were converted to Judaism, because it was shown that G-d loves proselytes (Yebamoth 79a).
And Rabbi Abraham ibn Ezra said by way of the plain meaning of Scripture [that the phrase ki kilelath Elokim talui104Verse 23. means] “that it is G-d Who invokes the evil, and the curse will descend upon the place near the hanged person, for there is a secret [in the fact that the contaminated air surrounding the corpse] affects the soul [of the living]. Therefore thou defile not thy Land. ”104Verse 23. Thus whoever allows the body [of a criminal] to hang overnight transgresses both a negative commandment [his body shall not remain all night upon the tree]104Verse 23. and a positive commandment117These are so listed among the Taryag (613) Commandments. See “The Commandments,” Vol. I, pp. 243-244, and Vol. II, p. 65. [but thou shalt surely bury him the same day].104Verse 23. Our Rabbis have likewise interpreted118Sanhedrin 46a-b. that the same law applies to all other dead, that whoever suffers his dead to remain overnight, except in order to render it honor,119Such as the need for more time to secure a coffin, burial clothes, mourners, etc. (ibid.). If the burial is delayed for any of these reasons, no transgression is committed. [violates the above commandments]. Just as [leaving the criminal hanging overnight upon] “the tree” is a form of disgrace, so all forms of disrespect [shown to the dead are also forbidden]. Now, according to the opinion of the Rabbis [that this law applies equally to every deceased, we must say] that the phrase ki kilelath Elokim talui104Verse 23. states that “although this criminal is deserving of disgrace” because of his great sin, nevertheless you shall not do so. And the parable of the two brothers [mentioned above] applies to everyone who suffers his dead to remain overnight. So also the curse [emanating from a corpse] to which Rabbi Abraham ibn Ezra referred, applies to every house where there is a dead person, and therefore he defiles everyone that cometh into the tent, and every thing that is in the tent.120Numbers 19:14.