Judges 21:5

Jdg 21:5 And the children of Israel said, Who [is there] among all the tribes of Israel that came not up with the congregation unto the LORD? For they had made a great oath concerning him that came not up to the LORD to Mizpeh, saying, He shall surely be put to death.

Ver. 5. Who is there among all the tribes of Israel?] i.e., What city or country is there that did not send in their help? This inquisition was made, likely, by God’s appointment, in answer to that compassionate expostulation and request of theirs, {Jdg 21:3} for the just punishment of those neutrals of Jabeshgilead. Neutrality was banishment by Solon’s laws, death by God’s. {a}

For they had made a great oath.] An oath seconded with a curse, as Jdg 21:18.

{a} Agell., lib. ii., cap. 12.

John Trapp, A Commentary or Exposition upon All the Books of the Old and New Testament (1647–1656) — public domain. Text from a community e-Sword module.

Jdg 21:5. That came not up with the congregation — When summoned to come together under a great penalty upon those who absented themselves. For they had made a great oath — That is, a solemn oath, joined with some terrible execration against the offenders herein. This oath probably was made by the great assembly of their rulers (called the whole congregation) when they summoned the people to Mizpeh, as the other oath (mentioned Jdg 21:1) was made after the people were come thither, upon the Benjamites’ refusal to do justice. He shall surely be put to death — Because, by refusing to execute the vengeance due to such malefactors, they were presumed to be guilty of the crime, and therefore liable to the same punishment, as was the case of that city that would not deliver up an idolater, dwelling among them, to justice.

Joseph Benson's Commentary on the Old and New Testaments (1811–1818) — public domain. Text from a community e-Sword module.

(5) Who is there . . .?—This verse is anticipatory of Jdg_21:8.

They had made a great oath.—Another detail which has been omitted up to this point. The spirit of this cherem was exactly the same as that which we find in Jdg_5:23 : “Curse ye Meroz . . . because they came not to the help of the Lord, to the help of the Lord against the mighty.” Now that these victories had been so complete, they probably were sick with slaughter, and would not have inquired after any defaulters but by way of finding an expedient to mollify the meaning of their rash oath. We see once more in this narrative both the force derivable from a vow and the folly and wickedness of fierce vows rashly taken in moments of passion. It is obvious that the direct meaning of the vow, taken in connection with the curse under which they had placed the Benjamites, had been to annihilate the tribe.

A Bible Commentary for English Readers, edited by Charles John Ellicott (1878–1897) — public domain. Text from a community e-Sword module.

5. The first half of the v. anticipates Jdg_21:8; while the second half is awkwardly expressed (lit. ‘the great oath was in respect of him that came not up’ etc.). Like the previous v., this can only be regarded as a later addition; together they interrupt the natural connexion between Jdg_21:3; Jdg_21:6. to Mizpah was no doubt intended to harmonize with Jdg_21:1; the people are at Beth-el according to Jdg_21:2-3.

The Cambridge Bible for Schools and Colleges (gen. ed. J. J. S. Perowne; Cambridge University Press, 1878–1918) — public domain. Text from a community e-Sword module.

And the children of Israel said,.... One to another, after they had offered their sacrifices, and while they were together in Shiloh:

who is there among all the tribes of Israel, that came not up with the congregation unto the Lord? when they were summoned to come to Mizpeh, to consult together about the affair of the Levite's concubine, as appears by what follows:

for they had made a great oath; in a very awful and solemn manner, with a curse annexed to it, as that about not giving a wife to Benjamin, Jdg 21:18.

concerning him that came not up to the Lord to Mizpeh: not about him who did not go out to battle against Benjamin, nor about every individual that did not come to consult about it; but every city that did not send their proper representatives or quota to assist in that affair:

he shall surely be put to death; this was sent along with the summons, in order to quicken their attention to them.

John Gill's Exposition of the Whole Bible (1746–1763) — public domain (CC PDM 1.0). Text via the HelloAO Bible API.

Slain. Why then did they deem it lawful to reserve the virgins? or if they meant only those who were fit for war, why were the married women, &c., involved in the common ruin? The people of Jabes deserved chastisement, for seeming to connive at the wickedness of Gabaa, and by separating themselves from the religious sacrifice of the rest. But it does not appear that they were legally summoned, nor had the majority of the people a right to execute such summary justice upon a few, who perhaps might not have been acquainted with their vows and new made laws. (Haydock)

George Leo Haydock (1774–1849), Haydock's Catholic Family Bible and Commentary, 1859 edition — public domain. Excludes Psalms (Douay-Rheims chapter numbering differs from Protestant) and Deuterocanonical books (Catholic canon only).

A great oath. i.e. a solemn oath, joined with some terrible execration against the offenders herein.

He shall surely be put to death; because by refusing to execute the vengeance due to such malefactors, they were justly presumed guilty of the crime, and therefore liable to the same punishment, as was the case of that city that would not deliver up an idolater dwelling among them to justice.

Matthew Poole's English Annotations on the Holy Bible (1683–1685) — public domain. Text from a community e-Sword/MySword module.

5. A great oath — Here is the record of another oath, of which nothing was said in the account of the council at Mizpeh given in Jdg_20:1-11. According to Henry, this oath was taken “while the general convention of the states was gathering together, and was waiting for a full house before they would proceed.” But all the tribes felt bound by it. It was an age of fearful oaths and vows, and when such vows were once uttered it was not thought possible or honourable to be released from them. Witness the case of Jephthah.

Daniel D. Whedon (gen. ed.), Commentary on the Old and New Testaments (1874–1909) — public domain. Text from a community e-Sword module.

And the children of Israel said. The idea evidently occurred to them that they might supply wives to the 600 Benjamites in the way that actually came to pass, and they asked the question, Who is there among all the tribes , etc., with this view.

The penalty of desertion.

It was quite in accordance with the rude and cruel age of the judges that a whole town should be visited with the death-penalty for deserting the tribes in the assembly of war. The punishment was not so unreasonable as it might appear at first sight, though there are circumstances in the whole transaction which reflect discredit on the Israelites.

I DESERTION IS A GREAT CRIME. In war-time, even among civilised nations, desertion is punished with death.

1. Negative wickedness may be as bad as positive sin. If we know that an equally injurious result will follow inaction, this is equally guilty with an active offence. Thus the refusal of a ship"s master to save a drowning man is morally equal to the guilt of murdering him.

2. We must not measure the value of our actions by their individual effects, but by the effects of the principles they express. One act of desertion may have no perceptible effect. But if one is justifiable, many are, and thus the principle of freedom to desert allows of total desertion resulting in total ruin. Desertion from the cause of Christ is a great sin. To refrain from obeying his call to action is as guilty as to actively disobey him.

3. The crime which is heinous when committed by one man is equally bad when committed by a whole community. We should not think of destroying a town for the crime for which we should execute an individual; but this is because of our horror of wholesale slaughter, etc., and not because evil desert is lessened when it is shared by a number.

II CHARITY IS NO EXCUSE FOR THE NEGLECT OF DUTY, That was a terrible work to which the tribes were summoned the slaughter of the Benjamites. Yet if they felt it to be a necessary act of justice sanctioned by God, as they evidently did feel it to be, they had no right to shrink from it out of feelings of kindliness. It is terrible to be called to such a duty; but it is brave and noble to accept the odium when the necessity is felt, and weak and selfish to avoid it. Charity is not honoured by the sacrifice of justice. It is more charitable to punish wickedness than to let it work its evil unchecked. Charity to the criminal often means cruelty to the victim. There is a danger lest we should become so mild that we should virtually punish the innocent in order to spare the guilty.

III THE PURITY OF JUSTICE IS VIOLATED WHEN PUNISHMENT IS ADMINISTERED WITH INTERESTED MOTIVES. It appears that the great motive of the Israelites in executing the threat of their oath on the people of Jabesh-Gilead was not a regard for strict justice, but a desire to secure wives for the escaped Benjamites. This motive vitiated the character of their action. The difficulty of executing punitive justice lies in the danger of other motives than a simple regard for right entering rote our conduct. We desecrate the temple of justice when we convert it into a house of merchandise. A.

The Pulpit Commentary (1880–1919), ed. H.D.M. Spence-Jones & Joseph S. Exell — public domain. Text from a community e-Sword module.

Great oath - That is a solemn oath joined with some terrible execration against the offenders herein. Put to death - Because by refusing to execute the vengeance due to such malefactors, they were justly presumed guilty of the crime, and therefore liable to the same punishment, as was the case of that city that would not deliver up an Idolater dwelling among them, to justice.

John Wesley, Explanatory Notes Upon the Whole Bible (1754–1765) — public domain. Text via the GEBible commentary corpus.