Dt 13,2-6 presents a short legal pronouncement about the apostate prophet/ dreamer characterized by its rhetorical framework. Since the points of contact with some ancient vassal treaties are inconclusive the short pronouncement does not seem to respond to a specific pre-exilic historical situation. Instead, an intertextual reference explaining the destruction of Jerusalem reveals a later dating. In this article, I discuss the possibility of interpreting this legislation as a rhetorical elaboration from polemic material (Jr 23,9-40) seeking both to accuse a type of mantic prophecy for the catastrophe, and create a new prophecy for the pot-exilic period.