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, Judges 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.

The congregation then resolved upon a plan, through the execution of which a number of virgins were secured for the Benjaminites. They determined that they would carry out the great oath, which had been uttered when the national assembly was called against such as did not appear, upon that one of the tribes of Israel which had not come to the meeting of the congregation at Mizpeh. The deliberations upon this point were opened (Judges 21:5) with the question, "Who is he who did not come up to the meeting of all the tribes of Israel, to Jehovah?" In explanation of this question, it is observed at Judges 21:5, "For the great oath was uttered upon him that came not up to Jehovah to Mizpeh: he shall be put to death." We learn from this supplementary remark, that when important meetings of the congregation were called, all the members were bound by an oath to appear. The meeting at Mizpeh is the one mentioned in Judges 20:1. The "great oath" consisted in the threat of death in the case of any that were disobedient. To this explanation of the question in Judges 20:5, the further explanation is added in Judges 21:6, Judges 21:7, that the Israelites felt compassion for Benjamin, and wished to avert its entire destruction by procuring wives for such as remained. The word ויּנּחמוּ in Judges 21:6 is attached to the explanatory clause in Judges 21:5, and is to be rendered as a pluperfect: "And the children of Israel had shown themselves compassionate towards their brother Benjamin, and said, A tribe is cut off from Israel to-day; what shall we do to them, to those that remain with regard to wives, as we have sworn?" etc. (compare Judges 21:1). The two thoughts, - (1) the oath that those who had not come to Mizpeh should be punished with death (Judges 21:5), and (2) anxiety for the preservation of this tribe which sprang from compassion towards Benjamin, and was shown in their endeavour to provide such as remained with wives, without violating the oath that none of them would give them their own daughters as wives, - formed the two factors which determined the course to be adopted by the congregation. After the statement of these two circumstances, the question of Judges 21:5, "Who is the one (only one) of the tribes of Israel which," etc., is resumed and answered: "Behold, there came no one into the camp from Jabesh in Gilead, into the assembly." שׁבטי is used in Judges 21:8, Judges 21:5, in a more general sense, as denoting not merely the tribes as such, but the several subdivisions of the tribes.

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.

21:5 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.

17:7-13 Micah thought it was a sign of God's favour to him and his images, that a Levite should come to his door. Thus those who please themselves with their own delusions, if Providence unexpectedly bring any thing to their hands that further them in their evil way, are apt from thence to think that God is pleased with them.