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Deuteronomy 21:23 - Bury swiftly, avoid land's defilement.

Deuteronomy 21:23 - דברים 21:23

Hebrew Text

לֹא־תָלִין נִבְלָתוֹ עַל־הָעֵץ כִּי־קָבוֹר תִּקְבְּרֶנּוּ בַּיּוֹם הַהוּא כִּי־קִלְלַת אֱלֹהִים תָּלוּי וְלֹא תְטַמֵּא אֶת־אַדְמָתְךָ אֲשֶׁר יְהוָה אֱלֹהֶיךָ נֹתֵן לְךָ נַחֲלָה׃

English Translation

his body shall not remain all night upon the tree, but thou shalt surely bury him that day: (for he that is hanged is accursed of God;) that thy land be not defiled, which the Lord thy God gives thee for an inheritance.

Transliteration

Lo-talin nivlato al-ha'etz ki-kavor tikberenu ba'yom ha'hu ki-kilat Elohim taluy ve'lo tetame et-admatecha asher Adonai Elohecha noten lecha nachala.

Hebrew Leining Text

לֹא־תָלִ֨ין נִבְלָת֜וֹ עַל־הָעֵ֗ץ כִּֽי־קָב֤וֹר תִּקְבְּרֶ֙נּוּ֙ בַּיּ֣וֹם הַה֔וּא כִּֽי־קִלְלַ֥ת אֱלֹהִ֖ים תָּל֑וּי וְלֹ֤א תְטַמֵּא֙ אֶת־אַדְמָ֣תְךָ֔ אֲשֶׁר֙ יְהֹוָ֣ה אֱלֹהֶ֔יךָ נֹתֵ֥ן לְךָ֖ נַחֲלָֽה׃ <span class="mam-spi-samekh">{ס}</span>        
לֹא־תָלִ֨ין נִבְלָת֜וֹ עַל־הָעֵ֗ץ כִּֽי־קָב֤וֹר תִּקְבְּרֶ֙נּוּ֙ בַּיּ֣וֹם הַה֔וּא כִּֽי־קִלְלַ֥ת אֱלֹהִ֖ים תָּל֑וּי וְלֹ֤א תְטַמֵּא֙ אֶת־אַדְמָ֣תְךָ֔ אֲשֶׁר֙ יְהֹוָ֣ה אֱלֹהֶ֔יךָ נֹתֵ֥ן לְךָ֖ נַחֲלָֽה׃ {ס}        

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Parasha Commentary

General Context of the Verse

This verse appears in Devarim (Deuteronomy) 21:23 and addresses the halachic requirement to bury the body of an executed criminal on the same day he is hanged. The Torah emphasizes the prohibition of leaving the body overnight, as doing so would constitute a desecration of the deceased and the land of Israel.

Explanation of the Prohibition

Rashi explains that leaving the body hanging overnight is a form of degradation (bizayon) to the deceased, which is forbidden even for a criminal. The Talmud (Sanhedrin 46b) elaborates that this mitzvah applies not only to those executed by hanging but to all deceased individuals, as delaying burial is considered disrespectful to the divine image (tzelem Elokim) in which all humans are created.

The Concept of "Kilalat Elokim" (Curse of God)

The phrase "כִּי־קִלְלַת אֱלֹהִים תָּלוּי" ("for he that is hanged is accursed of God") is interpreted by Rambam (Hilchot Sanhedrin 15:7) to mean that the public display of a hanged body reflects poorly on God, as it appears as though the Creator has been shamed through the degradation of His creation. The Sefer HaChinuch (Mitzvah 537) adds that this teaches the sanctity of human life and the importance of treating even sinners with dignity in death.

Preventing Defilement of the Land

The verse concludes by stating that leaving a body unburied would defile the land of Israel. The Sifrei (a halachic Midrash) explains that the land’s holiness is diminished when human dignity is violated. The Ramban (Nachmanides) further connects this to the broader principle that the land of Israel is uniquely sensitive to moral and spiritual impurity, as seen in the expulsion of the Canaanites due to their abominations.

Practical Halachic Implications

  • The Shulchan Aruch (Yoreh De'ah 357:1) rules that burial must take place as soon as possible, preferably on the day of death.
  • This mitzvah applies even to criminals, reinforcing the Torah’s emphasis on human dignity.
  • The prohibition extends metaphorically to any unnecessary delay in burial, emphasizing the importance of kavod ha-met (honoring the dead).

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Sanhedrin 46b
The verse is discussed in the context of the laws regarding the hanging of a criminal after execution, emphasizing the requirement to bury the body on the same day to avoid defiling the land.
📖 Sotah 9b
The verse is referenced in a discussion about the severity of leaving a body unburied and its implications for the sanctity of the land.

Frequently Asked Questions

Q: Why does the Torah say not to leave a hanged body overnight?
A: The Torah commands us to bury the body on the same day to show respect for human dignity, as leaving a body hanging is considered a disgrace (Rashi on Deuteronomy 21:23). Additionally, it prevents defilement of the land, which is holy as it is a gift from Hashem.
Q: What does 'for he that is hanged is accursed of God' mean?
A: This phrase teaches that hanging is a sign of divine disapproval for certain severe sins (Sanhedrin 46b). However, we must still treat the body with respect by burying it promptly, as every person is created in the image of Hashem.
Q: How does this verse apply to Jewish burial practices today?
A: This verse establishes the Jewish value of quick burial (k'vod hamet). Today, Jewish law requires burying the deceased as soon as possible, typically within 24 hours, unless there are extenuating circumstances (Shulchan Aruch, Yoreh De'ah 357:1).
Q: Why does the Torah connect proper burial with not defiling the land?
A: The land of Israel is holy, and improper treatment of human remains can spiritually defile it (Sifrei Devarim 21:23). This teaches that how we treat the dead affects the spiritual state of our environment and society.
Q: Does this verse only apply to criminals who were executed?
A: While the immediate context refers to executed criminals, halacha extends this principle to all Jewish burials (Mishneh Torah, Hilchot Sanhedrin 15:8). The respect shown even to sinners teaches us about the infinite value of every human life.