Deuteronomy 9:5

9:5 It is not because of your righteousness, or even your inner uprightness, ¹  that you have come here to possess their land. Instead, because of the wickedness of these nations the Lord your God is driving them out ahead of you in order to confirm the promise he ²  made on oath to your ancestors, ³  to Abraham, Isaac, and Jacob.

Deuteronomy 21:23

21:23 his body must not remain all night on the tree; instead you must make certain you bury ⁴  him that same day, for the one who is left exposed ⁵  on a tree is cursed by God. ⁶  You must not defile your land which the Lord your God is giving you as an inheritance.

Deuteronomy 25:5

Respect for the Sanctity of Others

25:5 If brothers live together and one of them dies without having a son, the dead man’s wife must not remarry someone outside the family. Instead, her late husband’s brother must go to her, marry her, ⁷  and perform the duty of a brother-in-law. ⁸ 

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¹ tn Heb “uprightness of your heart” (so NASB, NRSV). The Hebrew word צְדָקָה (tsÿdaqah, “righteousness”), though essentially synonymous here with יֹשֶׁר (yosher, “uprightness”), carries the idea of conformity to an objective standard. The term יֹשֶׁר has more to do with an inner, moral quality (cf. NAB, NIV “integrity”). Neither, however, was grounds for the Lord’s favor. As he states in both vv. 4-5, the main reason he allowed Israel to take this land was the sinfulness of the Canaanites who lived there (cf. Gen 15:16).

² tn Heb “the Lord.” See note on “he” in 9:3.

³ tn Heb “fathers.”

⁴ tn The Hebrew text uses the infinitive absolute for emphasis, which the translation indicates by “make certain.”

⁵ tn Heb “hung,” but this could convey the wrong image in English (hanging with a rope as a means of execution). Cf. NCV “anyone whose body is displayed on a tree.”

⁶ sn The idea behind the phrase cursed by God seems to be not that the person was impaled because he was cursed but that to leave him exposed there was to invite the curse of God upon the whole land. Why this would be so is not clear, though the rabbinic idea that even a criminal is created in the image of God may give some clue (thus J. H. Tigay, Deuteronomy [JPSTC], 198). Paul cites this text (see Gal 3:13) to make the point that Christ, suspended from a cross, thereby took upon himself the curse associated with such a display of divine wrath and judgment (T. George, Galatians [NAC], 238-39).

⁷ tn Heb “take her as wife”; NRSV “taking her in marriage.”

⁸ sn This is the so-called “levirate” custom (from the Latin term levir, “brother-in-law”), an ancient provision whereby a man who died without male descendants to carry on his name could have a son by proxy, that is, through a surviving brother who would marry his widow and whose first son would then be attributed to the brother who had died. This is the only reference to this practice in an OT legal text but it is illustrated in the story of Judah and his sons (Gen 38) and possibly in the account of Ruth and Boaz (Ruth 2:8; 3:12; 4:6).