Deuteronomy 16:18

18. Judges … shalt thou make thee] Heb. give or appoint for thyself.

and officers] scribes or marshals. See on Deu_1:15.

in all thy gates] The law is another consequence of the centralisation of the cultus. In ancient Israel ordinary cases were decided by the meeting of the community at the town’s gate, and the harder cases referred to the local sanctuary for decision by its priest as God’s representative; cp. the Elohim in E, Exo_21:6; Exo_22:8 ff., 1Sa_2:25. On the abolition of the local sanctuaries the former, the popular, court continued, as we see from the elders mentioned in Deu_19:12, Deu_22:13-21, Deu_25:5-10, and combined with the judges in Deu_21:2. But other provision had to be made for the superior procedure hitherto carried out at the local sanctuaries, and it is effected first as here by the appointment of local lay judges, and second in Deu_17:8 f. by the constitution of the Priests of the One Altar as a court of final reference. Josephus’ version, IV. Antt. viii. 14—seven judges for each township with two Levites as assessors—probably reflects the arrangements of his own time.

according to thy tribes] This survival of the old tribal interests (Deu_1:13), alongside of the new arrangement according to locality, is interesting.

and they shall judge, etc.] Deu_1:16.

II. Second Division of the Laws: the Officers of the Theocracy—Deu_16:18-20 … Deu_17:8-18

Five Laws on Judges and Justice, Appeal to the Sanctuary, the King, the Priests, the Prophets; interrupted by an isolated group of laws on the Worship, Deu_16:21 to Deu_17:7.

Deu_16:18-20. Of Judges and Justice

Judges with officers are to be appointed in every locality but according to tribes. Justice is to be pursued with strict impartiality.—Sg. Steuern. regards Deu_16:18 alone as original on the grounds that while it commits the discharge of justice to special Judges , vv. Deu_16:19 f. addresses the whole people as responsible for it; and that while Deu_16:18 presupposes Israel’s occupation of the land, Deu_16:20 b promises this as the reward of the people’s justice. But the former variation, though a possible, is not a certain, mark of diversity of authorship. The same author, after instituting the judges, might well address to the whole people his enforcement of the principles which were to inspire the institution, especially since (as we shall see) he left to the popular courts part of the duty of discharging justice. Deu_16:20 b, a couple of deuteronomic formulas, may well be a later scribe’s malapropos addition to the original law. There is no reason for doubting the integrity of the rest. Deu_16:19 is a close, but not exact, quotation from E. On the substance of this law see notes to Deu_1:9-18.

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.

Deu 16:18 Judges and officers shalt thou make thee in all thy gates, which the LORD thy God giveth thee, throughout thy tribes: and they shall judge the people with just judgment.

Ver. 18. With just judgment.] Heb., With judgment of justice. Ut fiat iustitia, runt coelum. Let heaven and earth be blended together, rather than magistrates be drawn to deal basely. It is reported by a late traveller, that in Zante, over the place of judgment, these two Latin verses are written on the wall in letters of gold: -

“ Hic locus odit, amat, punit, conservat, honorat,

Nequitiam, pacem, crimina, iura, bonos. ”

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.

Deu 16:18. Judges — Chief magistrates, to examine and determine causes and differences. Officers — Who were subordinate to the other, to bring causes and persons before them, to acquaint people with the sentence of the judges, and to execute their sentence. Thy gates — Thy cities, which he here calls gates, because there were the seats of judgment set. Pursuant to this law, in every town which contained above a hundred and twenty families, there was a court of twenty-three judges; in the smaller towns, a court of three judges.

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

18. In the administration of justice, when the Israelites should be settled in the Promised Land, there was need of a stable form of government. Moses had already arranged for the appointment of civil officers to settle the disputes of the people. See Exodus 18. That method was adapted to their life in the camp and on the march. Moses now provides for (1) civil officers in every town, and gives directions as to their judicial proceedings.

Deu_16:18 to Deu_23:7. (2) He arranges for a high judicial court at the central sanctuary. Deu_17:8-13. (3) Finally, he gives direction for the choice of a king. Deu_17:14-20.

Judges and officers shalt thou make thee in all thy gates — No rule is laid down as to the number of these officers. They were to be, probably, in proportion to the number of inhabitants.

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

Just as in its religious worship the Israelitish nation was to show itself to be the holy nation of Jehovah, so was it in its political relations also. This thought forms the link between the laws already given and those which follow. Civil order - that indispensable condition of the stability and prosperity of nations and states - rests upon a conscientious maintenance of right by means of a well-ordered judicial constitution and an impartial administration of justice. - For the purpose of settling the disputes of the people, Moses had already provided them with judges at Sinai, and had given the judges themselves the necessary instructions for the fulfilment of their duties (Ex 18). This arrangement might suffice as long as the people were united in one camp and had Moses for a leader, who could lay before God any difficult cases that were brought to him, and give an absolute decision with divine authority. But for future times, when Israel would no longer possess a prophet and mediator like Moses, and after the conquest of Canaan would live scattered about in the towns and villages of the whole land, certain modifications and supplementary additions were necessary to adapt this judicial constitution to the altered circumstances of the people. Moses anticipates this want in the following provisions, in which he first of all commands the appointment of judges and officials in every town, and gives certain precise injunctions as to their judicial proceedings (Deut 16:18-17:7); and secondly, appoints a higher judicial court at the place of the sanctuary for the more difficult cases (Deu 17:8-13); and thirdly, gives them a law for the future with reference to the choice of a king (Deu 16:14-20).

Deu 16:18-20

Appointment and Instruction of the Judges. - Deu 16:18. "Judges and officers thou shalt appoint thee in all thy gates (place, see at Exo 20:10), which Jehovah thy God shall give thee, according to thy tribes." The nation is addressed as a whole, and directed to appoint for itself judges and officers, i.e., to choose them, and have them appointed by its rulers, just as was done at Sinai, where the people chose the judges, and Moses inducted into office the persons so chosen (cf. Deu 1:12-18). That the same course was to be adopted in future, is evident from the expression, "throughout thy tribes," i.e., according to thy tribes, which points back to Deu 1:13. Election by majorities was unknown to the Mosaic law. The shoterim, officers (lit., writers, see at Exo 5:6), who were associated with the judges, according to Deu 1:15, even under the previous arrangement, were not merely messengers and servants of the courts, but secretaries and advisers of the judges, who derived their title from the fact that they had to draw up and keep the genealogical lists, and who are mentioned as already existing in Egypt as overseers of the people and of their work (see at Exo 5:6; and for the different opinions concerning their official position, see Selden, de Synedriis, i. pp. 342-3). The new features, which Moses introduces here, consist simply in the fact that every place was to have its own judges and officers, whereas hitherto they had only been appointed for the larger and smaller divisions of the nation, according to their genealogical organization. Moses lays down no rule as to the number of judges and shoterim to be appointed in each place, because this would depend upon the number of the inhabitants; and the existing arrangement of judges over tens, hundreds, etc. (Exo 18:21), would still furnish the necessary standard. The statements made by Josephus and the Rabbins with regard to the number of judges in each place are contradictory, or at all events are founded upon the circumstances of much later times (see my Archologie, ii. pp. 257-8). - These judges were to judge the people with just judgment. The admonition in Deu 16:19 corresponds to the instructions in Exo 23:6 and Exo 23:8. "Respect persons:" as in Deu 1:17. To this there is added, in Deu 16:20, an emphatic admonition to strive zealously to maintain justice. The repetition of the word justice is emphatic: justice, and nothing but justice, as in Gen 14:10, etc. But in order to give the people and the judges appointed by them a brief practical admonition, as to the things they were more especially to observe in their administration of justice, Moses notices by way of example a few crimes that were deserving of punishment (Deu 16:21, Deu 16:22, and Deu 17:1), and then proceeds in Deu 17:2-7 to describe more fully the judicial proceedings in the case of idolaters.

Keil & Delitzsch — Biblical Commentary on the Old Testament (1861–1891) — public domain (CC PDM 1.0). Text via the HelloAO Bible API. (Old Testament only.)

The Fifth Command

Deu_16:18 to Deu_18:22

Deu_16:18-22

18Judges and officers shalt thou make [give] thee in all thy gates, which the Lord thy God giveth thee, throughout thy tribes: and they shall judge the people with just judgment. 19Thou shalt not wrest [bend, turn aside] judgment; thou shalt not respect persons [the face] neither take a gift: for a gift doth blind the eyes of the wise, and pervert the words of the righteous. 20That which is altogether just, [Justice, justice] shalt thou follow, that thou mayest live, and inherit the land which the Lord thy God giveth thee. 21Thou shalt not plant thee a grove [as a tree-pillar]* of any trees near unto the altar of the Lord thy God, which thou shalt make thee. 22Neither shalt thou set thee up any image [image, pillar, statue]; which the Lord thy God hateth.

Deu_17:1.Thou shalt not sacrifice unto the Lord thy God any bullock, or sheep [and goat] wherein is blemish, or any evil favouredness [evil thing]1; for that is an abomination unto the Lord thy God. 2If there be found among you, within any of thy gates which the Lord thy God giveth thee, man or woman that hath wrought wickedness in the sight of the Lord thy God, in transgressing his covenant, 3And hath gone and served other gods, and worshipped them, either [and, indeed, to wit,] the sun, or moon, or any of the host [or the whole host] of heaven, which I have not commanded; 4And it be told thee, and thou hast heard of it, and inquired diligently, and behold it be true, [truth (is it)] and the thing [the word] certain, that such abomination is wrought in Israel: 5Then shalt thou bring forth that man or that woman, which have committed that wicked thing, unto thy gates, even that man or that woman, and shalt stone them with stones, till they die.2 6At the mouth of two witnesses, or three witnesses, shall he that is worthy of death [to be put to death] be put to death; but at the mouth of one witness he shall not be put to death. 7The hands of the witnesses shall be first upon him to put him to death, and afterward the hands of all the people. So thou shalt put the evil away from among you. 8If there arise a matter too hard for thee in judgment, between blood and blood, between plea and plea [cause and cause] and between stroke and stroke, being matters of controversy [contested cases] within thy gates: then shalt thou arise, and get thee up into the place which the Lord thy God shall choose; 9And thou shalt come unto the priests the Levites, and unto the judge that shall be in those days, and inquire; and they shall shew thee the sentence [word, what is right, sentence] of judgment: 10And thou shalt do according to the sentence [the sound, purport of the word]3 which they of that place which the Lord shall choose shall shew thee; and thou shalt observe to do according to all that they inform thee: 11According to the sentence of the law which they shall teach thee, and according to the judgment which they shall tell thee, thou shalt do: thou shalt not decline from the sentence [word] which they shall shew thee, to the right hand, nor to the left. 12And the man that will do presumptuously, and will not [not to] hearken unto the priest that standeth to minister there before the Lord thy God, or unto the judge, even that man shall die: and thou shalt put away the evil from Israel. 13And all the people [the whole people] shall hear, and fear, and do no more presumptuously. 14When thou art come unto the land which the Lord thy God giveth thee, and shalt possess it, and shalt dwell therein, and shalt say, I will set a king over me, like as all the nations that are about me; 15Thou shalt in any wise [So shalt thou only set him]4 set him king over thee whom the Lord thy God shall choose: one from among thy brethren shalt thou set king over thee: thou mayest not set a 16stranger over thee [give over thee a stranger] which is not thy brother. But [Only] he shall not multiply horses to himself, nor cause the people to return to Egypt, to the end that he should multiply horses: forasmuch [since]5 as the Lord hath said unto you, Ye shall henceforth return no more that way. 17Neither shall he multiply wives to himself, that his heart turn not away: neither shall he greatly multiply to himself silver and gold. 18And it shall be when he sitteth upon the throne of his kingdom, that he shall write him a copy of this law in a book out of that which Isaiah 19 before the priests the Levites. And it [the law] shall be with him, and he shall read therein [in the book] all the days of his life: that he may learn to fear the Lord his God, to keep all the words of this law and these statutes, to do them: 20That his heart be not lifted up above his brethren, and that he turn not aside from the commandment to the right hand or to the left: to the end that he may prolong 21his days in his kingdom, he, and his children, in the midst of Israel.

Deu_18:1-22.The priests the Levites, and all the tribe [the whole tribe] of Levi, shall have no part nor inheritance with Israel: they shall eat the offerings of the Lord made by fire, and his inheritance. 2Therefore shall they have no inheritance among their brethren: the Lord is their inheritance, as he hath said unto [promised] them. 3And this shall be the priest’s due [right] from the people, from them that offer a sacrifice, whether it be ox or sheep; and they shall give unto 4the priest the shoulder, and the two cheeks, and the maw. The first-fruit also of thy corn, of thy wine, and of thine oil, and the first of the fleece of thy sheep, shalt thou give him. 5For the Lord thy God hath chosen him out of all thy tribes, to stand to minister in the name of the Lord, him and his sons for eDeut Deu_16:6 And if a Levite come from any of thy gates out of all Israel, where he sojourned [where he was lodging, stranger] and come with all the desire of his mind unto the place which the 7Lord shall choose; Then [And] he shall minister in the name of the Lord his God, as all his brethren the Levites do, which stand there before the Lord. 8They shall have like portions to eat [part as part shall they eat] beside that which cometh of the sale of his patrimony.6 9When thou art come into the land which the Lord thy God giveth thee, thou shalt not learn to do after the abominations of those nations. 10There shall not be found among you any one that maketh his son or his daughter to pass through the fire, or that useth [practiseth]7 divination, or an observer of times [a seer] or an enchanter, or a witch, 11Or a charmer, or a consulter with familiar spirits, or a wizard, or a necromancer. 12For all that do these things are an abomination unto the Lord: and because of these abominations the Lord thy God doth drive them out from before thee. 13Thou shalt be perfect [whole, entire] with the Lord thy God. 14For these nations, which thou shalt possess, hearkened unto observers of times, and unto diviners: but as for thee, the Lord thy God hath not suffered thee [given to thee] so to do. 15The Lord thy God will raise up unto thee a Prophet from the midst of thee, of thy brethren, like unto me; unto him ye shall hearken. 16According to all that thou desiredst of the Lord thy God in Horeb in the day of the assembly, saying, Let me not hear again [not will I hear further, continue to hear] the voice of the Lord my God, neither let me see this great fire any more, that I die not. 17And the Lord said unto me, They have well spoken that which they have spoken. 18I will raise them up a Prophet from among their brethren, like unto thee, and will put [give] my words in his mouth; and he shall speak unto them all that I shall command him. 19And it shall come to pass, that whosoever will not hearken unto my words which he shall speak in my name, I 20will require it of him. But [Only] the prophet, which shall presume to speak a word in my name, which I have not commanded him to speak, or [and] that shall speak in the name of other gods, even that prophet shall die. 21And if thou say in thine heart, How shall we know the word which the Lord hath not spoken? 22When a prophet speaketh in the name of the Lord, if the thing [word] follow not, nor come to pass, that is the thing [word] which the Lord hath not spoken, but the prophet hath spoken it presumptuously [arrogantly]: thou shalt not be afraid of him.

EXEGETICAL AND CRITICAL

1. Deu_16:18 to Deu_17:8 . If Moses will now explain and apply the fifth command in the same manner he has hitherto used, comprehending the whole people, thus according to the end of Deuteronomy, and at the same time out of its fundamental purpose, which as its author he ever follows, he has an appropriate transition to it in the demands which he has made already, Deu_4:9-10, still more, Deu_6:7; Deu_6:20 sq.; Deu_11:19, upon parents, and the elder class generally, as the nearest objects of the fifth command. The doctrine of the law for the home life, is the practice of the law for the popular life in reference to justice and injustice. The thought, therefore, “of presenting it as a sacred people of Jehovah even in its political relations,” (Keil), does not introduce the transition to what follows, although it is true that “the civil order rests upon the conscientious fostering of justice, by virtue of judiciously arranged courts, and an impartial administration of justice.” Schultz, in the derivation from the same idea, refers better to “the leader and instructor who, armed with peculiar power, knowledge of the law, or revelation, puts rightly Israel’s departures over against his piety, and lays claim to his docility.” [Moses as the inspired leader and guide with his subordinate judges, met all the necessities of the people, but now, when he was about to leave them, and they were to enter upon entirely different circumstances, he provides for the new exigencies. The whole section accords with the spirit and design of Deuteronomy.—A. G.]. Deu_16:18. Comp. upon Deu_1:15-16; Deu_1:13, and the Doct. and Eth. remark 2. Now, judges in all the cities, on account of the altered relations in Canaan. But even now the institution proceeds from the people—only confidence, as is natural, can establish a position even similar to the parental. Thus the Israel addressed, judges itself best, by means of those chosen from and out of itself. Deu_16:19 gives three negative instructions for the administration of the judicial office, “each one reaching more widely to that which might lead to what was previously forbidden,” Schultz. Comp. Exo_23:6; Deu_27:19; Deu_1:17; Deu_10:17; Deu_27:25; Exo_23:8. The reason “brings into view first the power of judgment, then the word of judgment.” From the righteous judges, what they should be, we pass in Deu_16:20, to the positive qualities of righteousness, made more emphatic through the repetition (1Ti_6:11; Php_3:12; Php_3:14). The promise is similar to that of the fifth command. The examples now following the judicial section, according to the connection, preserve the inward thread of the first table, which the fifth command closes. Deu_16:21-22. Comp. upon Deu_7:5; Deu_12:31

Deu_17:1. Comp. Deu_15:21. כל דבר רע excludes any and every evil, defects of any kind whatever. Deu_17:2 generalizes concisely the three cases. Comp. Deu_13:13; Deu_4:25; Deu_4:13; Deu_4:23. Deu_17:3. As Deu_4:19, (Deu_13:7; Deu_13:14) אשר לא־ which service, sq. Israel is not set right through prohibition alone. Deu_17:4. Comp. Deu 13:15, 16, 19, sq., here the judicial investigation, the proceeding of the court. Deu_17:5. That man or, sq. There is no sparing even of the weaker sex in such a case. Hence it is emphatically repeated. את חדבר which was announced to thee. Unto thy gates, out before the city, as hitherto before the camp, Lev_24:14; Num_15:35 sq.; (Act_7:58; Heb_13:12). Symbolizing the removing of the evil out of the midst of Israel. Comp. further Deu_13:11. Deu_17:6. Num_35:30 (Mat_18:16; Joh_8:17; 2Co_13:1; Heb_10:28). הַמֵּת the dying (Gen_20:3) thus beyond rescue, because he was in a certain sense already dead, (Num_19:11). על־פי, the mouth condemns the man. Job_15:6; Luk_19:22. Deu_17:7 is as Deu_13:10; Deu_13:6. Does this at the same time express the entire certainty of the witnesses (Knobel), their conviction of the guilt (Schultz)? In any case it symbolized the individual and general readiness to eradicate the evil from the midst of Israel. [“It was calculated to ensure their sincerity and truthfulness, and to deter from false witness.”—A. G.].

2. Deu_17:8-13. A supplementary carrying out of Deu_1:17 (Exo_18:26; Exo_18:19) with reference to Canaan, and because Moses was not to be there. Deu_17:8. If there arise a matter too hard for thee. The people is represented as judging itself through the local courts, Deu_16:18 Too hard—one which the judge in the case could not or would not decide. He particularizes: blood and blood, as to the killing, whether wilful or unintentional, and hence what is right in the case and what not; (דִּין is the judgment); “according to what law it must be decided; (Herxheimer, in money matters”). נֶגַע is the injury resulting from a blow, thus here of bodily wounds (Exo_21:18 sq.), and not of leprosy. Matters of controversy—not, as Keil, Schultz, cases of quarrels, but as Knobel, legal cases, about which there may be controversy, as to whose decision different opinions may be given. עלה, if it means to ascend, is explained from the great importance, not from the position, and hence not from the location of Jerusalem. (Act_15:2). According to Meier the word signifies primarily to press in, draw near. Comp. Gen_46:31; Gen_46:29. Deu_17:9. The priests the Levites—See Intro., § 4, I. 22. [Great stress is laid upon this phrase in contrast with that used in the earlier books, “the priests, the sons of Aaron,” by those who oppose the Mosaic authorship. The lapse of time, and the events which had occurred between the earlier books and Deuteronomy, afford an easy and natural explanation of the difference. The position of the priests was now established. No Levite would question the fact that the priesthood attached to the family of Aaron. It was more important now, and more in accordance with the popular character of Deuteronomy, to bring out their popular tribal relations. The Levites, too, were in a sense a priestly tribe. They had in important respects a priestly position, and had priestly functions. They stood between the people and God. There may have been, too, a design on the part of Moses in selecting this phrase, as Wordsworth suggests, to appease any jealousies between the priests and the Levites; to remind the priests that the Levites were their brethren, and to remind the Levites that they shared in the honor and dignities of the priests. In any case, however, the explanation of this diversity is much easier upon the supposition that Moses wrote Deuteronomy, than upon that of a later writer, who still assumed to write as Moses. For it is incredible that any one who may have wished to palm off his work as that of Moses, should either have been ignorant of the terms of the earlier books, or should have carelessly neglected them, and thus have drawn attention to his imposture.—A. G.]. The phrase is general, and includes the high-priests. ואל ,אל co-ordinating those who declare the law, the teacher, (Deu_17:11, Lev_10:11), and the literal actual “judge.” The former precedes here, because in difficult cases like these in Deu_17:8, their activity is first laid under requisition. But the latter receives not “the second” place (Knobel), but his official position. Comp. Deu_19:17; Deu_26:3. The passage 2Ch_19:8-11, connects itself with this only in the most general way. Whoever has this later supreme court before his mind will not be so unprejudiced, nor distinguish so naturally from the personal position of Moses, the simple outlines of a superior competent court. He speaks freely for the future, but not from a more definite and precise present. The “judge” holds nearly the position of Moses over against the priesthood. That he probably, as a superior judge, as the president of the wider circle of judges (Deu_19:17), acted with the priests as a bench or college, upon the questions, the suits, from the local city courts, may be inferred from the words, and they shall show thee, sq.—נָגַד Hiph. to bring near, to point out, to inform. Deu_17:10. Not the litigating Israelite (Knobel, Schultz) since it is the execution of the sentence obtained, which is here treated of, but the lower court, which should see that it was done. (Keil). This injunction was truly in place, where there was a natural feeling of relative independence in the local courts, and to enforce upon every Israelite a more exemplary obedience to the supreme court appointed by God. The place which. Comp. Deu_19:17, which gives the relief and explanation. “If the judgment of any judge is to be regarded (Deu_1:17) as of God, so pre-eminently that before the Lord.” (Schultz). The mouth (sound) of the word, is the judicial sentence, which announces the instruction in the case in question, which must be retained as final. Deu_17:11. The sentence is particularized at first as the sound (mouth) of the law with reference to the priestly teacher of the law, because all depends upon the law of God, and then first as judgment with reference to the judge, upon whom rests the obligation of saying what is right, of pronouncing judgment. Observe the הַתּוֹרָה the earlier law, e.g., Exodus 21; not as Deu_17:18, התורה הזאת the deuteronomic. (Intro., § 2). (Mat_23:2 sq.). Comp. further Deu_5:29. Deu_17:12 closes with the application to every man. The malicious disposition can scarcely be treated otherwise. Comp. Deu_1:43. There also they would not hear. (1Pe_5:5). It is not men whom they would not hear, but God. Therefore: the priest, which is to be understood not of the High-priest only, if even especially of him (Heb_8:1), since it is only the official character of the priest generally which is here spoken of, and which presents the disobedience as against Jehovah. The same thing is self-evident from the judge, since he in the place of God speaks in the name of God (Deu_1:17). That standeth, sq.—Intro., § 4, I. 22. אֶת־ יְהוָֹה said, as Keil correctly remarks upon the distinction of the priests from the Levites, somewhat more specifically than לִפְנֵי יהוח. Comp. Gen_5:22; Gen_5:24; Gen_6:9; 1Sa_2:11; 1Sa_3:1; Mal_2:6, to wit, for the more intimate, more confidential converse, their nearness in society, (Gesenius). The priests served in the holy place, and through the High-priest their representative and head in the most holy. The rest here, as in Deu_17:7. Upon Deu_17:13 comp. Deu_13:12. (1Ti_5:20). [There is little room under the theocracy for the distinction between ecclesiastical and civil causes. The priests were no doubt the expounders and judges of the law, but the lay judges were not added to the court, to be judges of the facts in distinction from the law in the case, but in part out of existing and long-continued usage, probably reaching back to the patriarchal times, and partly, as a recognition of the right of the people as such, to be represented in the administration of justice. We do not know how the choice was made. There were probably different methods in use at different times. But the judge seems to have been a representative of the people.—A. G.].

3. Deu_17:14-20. The transition is natural from the judge to the kingdom (1Sa_8:5; 2Sa_15:4 sq.). Intro., § 4, I. 16. Deu_17:14. Two things are presupposed in this case, settled relations after the entrance into Canaan, and its occupation, then the self-determination of the people, and thus its inward development to the kingdom. As all the nations (heathen).—Not precisely an aberration, but still neither a mere thoughtless conformity. Comp. Deu_6:14; Deu_13:8, where the same expression occurs. (Intro., § 4, I. 16). After such a permission in the case, Deu_17:15 emphasizes the command (שום תשים), omnino non alium, quam quem, sq. (H. Michaelis) in order to prevent any possible clashing with the sovereignty of Jehovah. How the people should set the king over them is left open. Perhaps through their elders. How the divine choice should be manifested, whether by Urim, or the prophets, or by some clear fundamental leading is also undetermined. From among, sq., states what must be true under all circumstances, and is therefore once more negatively repeated. A stranger would never be the choice of Jehovah. The earlier restriction respects him who is above, the latter those below. (The historical criticism might with this go down even to Joh_19:15! 2Ki_15:19 sq.; Deu_16:7, do not indeed belong here (Knobel). As the last repeated determination with a certain sacred simplicity, sounds strangely, so also the first direction for the king in Israel. Deu_17:16. He shall have no fondness for horses, and that indeed not so much from any opposition to a warlike lust of conquest (which was not the case even, 1Ki_10:28 sq., where it occurs with reference to a royal pageant) as in opposition to the pride relying upon horses. Psa_20:7; Psa_33:16 sq.; Psa_147:10. (Isa_31:1). But this opposition restores in a genuinely Mosaic way the well-remembered historical event, Exo_14:15; Exo_19:21. It is the opposition between Israel and Egypt, expressed in a form which is intelligible only at the time of Moses, when “the people on the slightest occasion expressed its desire for Egypt, its purpose to return thither (Exo_14:11; Num_11:5 sq., 20; Deu_21:5), a reunion of the just sundered bands did not seem impossible.” Hengstenberg. Comp. Oehler in Herzog’sEncycl. The forbidden return to Egypt is thus placed as the very end of the multiplication of horses. “Moses feared that the king would seek the Egyptian lowlands (Deu_11:10-11) which were so much better fitted for the rearing of horses, instead of the mountainous Palestine. They must remain externally far off, that they may preserve the internal separation entire (Lev_18:3).” Schultz. Comp. Jos_11:6; Jos_11:9; Jdg_5:10; 2Sa_8:4. Solomon, even on account of the Mosaic relations, which he only considered, might have regarded the direction as antiquated. [And yet Solomon’s experience shows that the multiplication of horses could not be secured without intercourse with the Egyptians, which Moses saw it was important to prevent.—A. G.]. Nothing is said here “against the continual going to and from Egypt, as e.g., Jer_2:18; Jer_2:36.” Knobel.—As the Lord hath said (Deu_28:68), does not occur literally in the pentateuch, but Moses appeals to what was said, although not written, since this is so understood in the very leading out of Israel especially into Canaan. [“Egypt was the principal source whence the nations of Western Asia drew their supply of horses. It stands also everywhere in Scripture as the antithesis to the theocratic covenant and kingdom on earth. To cause the people to return to Egypt, which the multiplication of horses would naturally do, would be to reverse the great and beneficent work of God, which inaugurated the Mosaic covenant, the deliverance from the bondage of Egypt. Hence the prohibition.” Bib. Com.—A. G.]. The second direction (Deu_17:17) lies against another strong passion of oriental rulers. As the passion for horses would lead back to Egypt, so the multiplication of wives would draw them away from the Lord; the lust itself, indeed, much more if the wives were from the heathen (1Ki_11:3 sq.) Comp. Deu_11:16. [The restriction however does not forbid polygamy absolutely, but the excessive polygamy, such as was found in Solomon.—A. G.]. “The third prohibition concerns excessive luxury. (1Ki_10:14; 1Ki_10:27). Great wealth begets effeminacy and luxury, as well as pride and oppression.” J. H. Michaelis. Deu_17:18 gives the counter-means and way to good against all lust of the eye, lust of the flesh, and pride. Upon the throne. On the summit of human greatness, where all is wont to move according to his will, then he must have the will of the Most High for his aim and standard. He shall write him, if not with his own hand, yet cause to be written, Intro., § 2. Deu_17:19. עמּוֹ (his vade mecum) in his possession, in his mind, thought, and will. Comp. Intro., § 2; Deu_4:10; Deu_5:26; Deu_6:2; Deu_14:23. Deu_17:20. Comp. Deu_8:14; Deu_5:29. An hereditary kingdom. [While permission is given to the chosen people to be like the other nations in this respect, still their king is not to be like other kings. He must be approved by God, from among his brethren, restricted in all indulgences, and bound by the laws and institutions of the nation. The monarchy was allowed but guarded in the most careful way. A copy of this law. Sept. and Vulg., “he shall write for himself the Deuteronomy.” But “this law” includes the whole pentateuch, or rather its legal portions. See Deu_31:9; Deu_31:11; Deu_31:26. This passage which has been urged so strenuously as a proof of the later origin of Deuteronomy, contains really a strong proof of its Mosaic authorship. For it is not only conceivable that Moses should have provided for the contingency of the kingdom, such as he saw everywhere around him, and to which allusions had been made in the earlier books, Gen_17:16; Gen_36:31; but is entirely natural. The request of the people when they came to Samuel for a king, is couched in terms like these used here. Comp. 1Sa_8:5, with Deu_17:14. Samuel also evidently has this passage in his mind. 1Sa_10:24; 1Sa_12:14. Samuel does not reprove the people simply because they desired a king, but because their desire originated in wrong motives, and was pressed under circumstances which should have prevented it, and in the face of the remonstrances of the prophet. It was sinful because in the circumstances it indicated a sinful alienation of heart on the part of the people, from Jehovah, and the institutions He had established. A careful study of the passage 1 Samuel 8-12, will show in what respects the people sinned, and that there is no opposition between that passage and Deu_17:14-20. But the passage may not only be vindicated from objections which have been urged against it. It bears upon its face the marks of its Mosaic origin. The direction that the king should be taken from among thy brethren would have been out of place after the establishment of the kingdom in the line of David; the reference to Egypt and the return thither, are, as above remarked, intelligible only upon the assumption of the Mosaic authorship; the restrictions under which the king was placed are in full agreement with the whole spirit and tone of the Mosaic legislation, so much so that their absence would have been noticeable as a great omission; the direction as to the copy of this law, carries with it the implication that Moses is speaking, who was then expounding the law, and could not well have been inserted at a later time; in short every feature of the passage is in favor of its Mosaic origin. See also Hengstenberg, Authen., Keil, Introd., Havernick, Einleit., Bib. Com.—A. G.].

4. Deu_18:1-8. After the transition from the supreme court, especially from the judge to the king, the priests the Levites come into view; at first, indeed, generally, then the priests particularly, and lastly the Levites. Deu_18:1. The addition, all the tribe of Levi, shows that the Levitical priests were not the whole of Levi, that besides these there were Levites simply, and thus that there was a distinction between the two from the beginning. Comp. Num_18:20; Num_18:23 sq.; Deu_14:27; Deu_14:29; Deu_12:12; Deu_10:9. אִשֵּׁי יְהוָֹה (Lev_1:9), i.e., all that was sacrificed upon the altar by fire; as Lev_24:9 of the show bread, so here of the priest’s portion of the sacrifice.—And his inheritance, whatever beside belonged to Jehovah, and through Him to the tribe of Levi, priests and Levites, as the tithes, firstborn, first fruits. (Lev_7:4; Numbers 18) [“These were God’s portion of the substance of Israel, and as the Levites were His portion of the persons of Israel, it was fitting that the Levites should be sustained from these.” Bib. Com.—A. G.]. The prominent thought that Jehovah is his inheritance, expressly stated in Deu_18:2, (Deu_10:9) leads to the detailed supplementary statement in Deu_18:3, which thus presupposes what in general belongs to Levi, on the part of Jehovah, and now details what on the part of the people is the particular due or right of the priests, (Deu_4:1; 1Sa_8:9 sq.; 1Sa_10:25) which must be conceded to them by every judge or ruler. Intro., § 4, I. 20. A new assignment, not precisely to those, offering the sacrifies (Num_18:18; Exo_29:27; Lev_7:34) but to the priests in general. זבח as Deu_12:15; Deu_12:21, to which kind of slaying the article הַזֶּבַח may indicate. Knobel understands it of sacrificial victims (comp. 1Sa_2:13 sq.) in which case there would be required from the people in this class of sacrifices not only the wave-breast and heave-leg, (shoulder) but also the foreleg (Num_6:19) the two cheeks, and the maw (the so-called fourth stomach of the ruminants). Something good from each of the three chief parts of the animal (Keil regards the slaying as connected with the sacrificial feasts in the wider sense, and not as any of the three kinds of expiatory sacrifices). [The portions here assigned to the priests are in addition to those given to them in Leviticus. It seems to be a provision to meet the altered circumstances when the people were located in Canaan, and all the animals could no longer be slain at the door of the tabernacle. It is a “more generous rather than a scantier provision.”—A. G.]. Deu_18:4 contains also, with reference to the first-fruits, on the part of the people, a supplementary direction, beside that well-known in (Num_18:12 sq.) even the first of the fleece which as resulting from the care and nurture of men is the proper gift of the people. Deu_18:5 gives the ground or reason for this direction, altogether in the style of the time of Moses, for him, the priest, hath God chosen, him as Aaron and his sons (Lev_7:34); to minister in the name of Jehovah, a more general expression than in Deu_17:12 (comp. Deu_5:7) but the special distinction appears clearly in Deu_21:5. The priest in the strict sense, hence it is said he officiates in charge, stands to minister, in the name of the Lord, at all events in the full power of that mediatorial position assigned him by God. Deu_18:6. Allusion is now made peculiarly to the Levites. In itself the clause here as Deu_27:14; Deu_31:25, might be understood of the priests, but both the expression and the whole statement of the case and the connection, lie against this view of Baumgarten. Intro., § 4, I. 22. The situation implied is that of Deu_12:12; Deu_14:27. Intro., § 4, I. 21. Herxheimer: “Where he has officiated as judge, or from one of the Levitical cities.” [The Levite would naturally be called in his official duties to other cities than those assigned him.—A. G.]. With all the desire, sq. (Deu_12:15) because he so wishes, and has liberty to do so, and shows such piety, since no other interest impels him, than to share in the services at the sanctuary. [Wordsworth: “Not from love of change, or from a restless passion for excitement, or from an ambitious craving for self-display and popular applause in a great and populous city.”—A. G.]. The place of Jehovah is his peculiar home, and all desires for this are a spiritual homesickness. The Levitical service is, also, in the name of the Lord, and although in a subordinate sense, still not less truly nor with any less right Comp. Intro., § 4, I. 22. In the charge of the Lord, in any case in the position assigned by Him (Num_1:53; Num_3:7; Num_8:9-19; chap. 18), they represent the whole people, minister the service of Israel. The expression is the general one for the servant of Jehovah, including both the higher and the lower. With this agrees the purpose in the exposition of the fifth command, to give the Levites a parental character, in accordance with the condensed statement, Deu_18:1-2, (as Deu_10:8-9) and this all the more since they were commended to the same love, to guard, preserve the priestly dignity of their tribe. As all his brethren. By itself this (even more than Deu_18:6) might include the priests as Levites, and allude to the whole service at the place of the Sanctuary, but the connection favors the limitation to the Levites simply. There were, as it appears, Levites settled at the sanctuary, or for the time engaged there, placed over against the Levite drawn from his city, perhaps at one of the three feasts, to the sanctuary. Comp. still further Intro., § 4, I. 22. The conclusion, as already prepared for in Deu_18:6-7, now follows in Deu_18:8. With a similarity in service and dignity, there must be also a like enjoyment. The portions (they had no other חֵלֵק Deu_18:1), which were then given them to eat belonged equally to the one coming from afar, as to those found there. Keil understands the living from the incoming of the tithes, the portions of the sacrifices, the free-will gifts prescribed by the earlier law, which were not exclusively assigned to the priests.” Schultz more in accordance with the connection, and more reasonably, places it as parallel with Deu_18:3 sq., and regards it as referring “to the tithe, firstborn, and other sacrificial meals arranged at the place of the sanctuary” (Deu_12:6 sq.; 17 sq.; Deu_14:22 sq.; Deu_15:19) and the enjoined invitation of the Levites to them. What follows is difficult. Not so much the text; for it comes essentially to the same thing, whether we read with Knobelלְבַד מִן and point, ממְּכָרָיו (מֶכֶר perhaps the required sale) or take לְכַד for לְכַד מִן and point: מִמְכָּרָיו from מִמְכָּר (מָכַר) the sale, that sold, or to be sold. The difficulty lies in the sense of the words: עַל־הָאָבוֹת. The most obvious sense is by or upon the fathers, i.e., whatever was saleable of his, or belonged to him, (the removed Levite) was laid upon the family fathers at home, to ascertain and offer for sale. In any case, it is not private or personal property which is here regarded. Keil, Knobel, take הָאָכוֹת for אָכוֹת בֵּיח (Exo_6:25; Num_2:34) and understand the clause of the private income as a member of the family, through the sale of his family possessions or the profits of them, thus; beside his sales, the net proceeds of them according to the house of the fathers, i.e., determined according to the degree of his genealogy, or his relationship. Not as Schultz and the Sept.: πλὴν τῆς πράσεως αὐτοῦ τῆς κατὰ πατριάν. Comp. Lev_25:33 sq. The Levite could sell his house, or could draw the rent for it. [The text is difficult, but the sense is perfectly clear. The Levite who came from a distance to the sanctuary to engage in its service, whatever might be his resources from other quarters, was not to be deprived of his equal share with those who were in attendance at the sanctuary. Part as part they shall eat.—A. G.].

5. Deu_18:9-22. Finally, as a conclusion, partly supplementary to the previous official personages and arrangements, partly controlling them, at the same time completing the compensation for the departing Moses, is the prophetic institution, and indeed growing out of the necessity for an authentic revelation of God, against the varied heathen superstitions and apostasy. Deu_18:9. Comp. Deu_17:14. Thou shalt not learn—(Deu_5:1; Deu_14:23; Deu_17:19). There will be teachers enough of the falsehood (Deuteronomy 13). “The abominations are set over against the holy service.” Herxheimer. Comp. Deu_12:30 sq.; Deu_7:25. Deu_18:10 refers at once to the Moloch-worship, (Lev_18:21; Lev_20:2 sq.), as Schultz remarks, “because all the following individual dark arts arise out of the demonized cultus which represents the destructive potencies of nature through Moloch, as witchcraft goes hand in hand with the devil among the old Germans.” Knobel holds that the Moloch-worship is “placed here at the very beginning of this enumeration as the worst kind of idolatry, out of which these dark arts are born.” The descriptive term chosen, עָבַר Hiph., reminds us significantly of the venerable national name “Hebrews,” (Deu_15:12) and may at the outset call attention to the opposition between all such conduct and the national consciousness. The act was purificatory (a consecration). See Art. Moloch, Herz.Enc., IX., p. 717. [But also Smith’sBib. Dict., Art. Moloch, in which the expiatory nature of the rite is defended.—A. G.]. Comp. Keil upon Lev_18:21. The general designation for soothsayer is קָֹסַם, to divide, decide, give an oracle; a pun upon כֹּזֵב liar, Eze_13:6. Comp. Jos_13:22. Observer—according to Meierענן to cover, hence of secret discourses; the whispering magician. According to others (Schultz) from עָנַן thick cloud: cloud interpreter, or from עַיִן (eye) either one who fascinates through an evil eye, or one who observes signs, an Augur (Lev_19:26) Enchanter—נָחַשׁ agrees well with serpent, as significant of its movements. The serpent is נָחַש from its thrusting, piercing bite, according to the primitive signification of the verb, which is not as Keil, to hiss, but to press, to seize, and hence inwardly to forebode, conceive, to understand by signs, Gen_44:5; Num_24:1; Num_23:23. Hence well used here for sign interpreter. Comp. Hengst.Balaam, p. 122 sq. Witch—כָשׁף to divide, unveil, (Meier), the adjurer. Deu_18:11. Charmer—binding or making fast through magic, without, however, thinking of magic knots (Keil); as fascinare, κατάδησμος. אֹוב is the spirit ghost, not as turning back, but as drawing back, returning, shade (Sept.: Ventriloquist from the hollow tone [“bottle”]). One who possesses a kind of power over spirits, so that he needs only to ask or inquire. Lev_19:31; Lev_20:6; Lev_20:27; 1Sa_28:7 sq. Wizard, a prudent, cunning man (as the wise woman). Lastly, one who seeks from the dead, i.e., cites, adjures them. Deu_18:12. Comp. Lev_18:24 sq.; Lev_20:23. A resumption of Deu_18:9. Deu_18:13. As the abomination from תָעַב to retire, withdraw, so תָּמִים from תָּמַם to shut up, bring together; thus as opposed to each other. God must withdraw Himself from that, and Israel should cleave together with Jehovah. The perfect, entire dependence upon Him distinguishes the people of God from the heathen. Deu_18:14; Deu_9:1. Comp. upon Deu_18:10. Not so does Israel hearken, should it hearken, or need to hearken. Upon the “gift” rests the duty; that granted, this is conceded. Deu_18:15 carries out perfectly that already given, through that which is now first to be given, and indeed in a parallel manner (Deu_18:18) with the king, Deu_17:15 : from the midst of thee, by which also in opposition to Deu_18:9 it is said, that Israel would have no occasion to stray into heathenism, and would not need any Balaam. For נָבִיאComp. Doct. and Eth., Deu_13:1. As in Deu_17:14 the discourse is of the kingdom, so here of the prophetic order as it ever and always through a prophet (not one only) corresponds to the necessity made so clear at Sinai, and to the desire of the people. Of thy brethren, connected with thee in the closest manner; thy duty his, and thy sorrow his sorrow, etc. Like unto me. This is not explained by from the midst of thee, scarcely to fix the limits towards the heathen divination, but becomes clear through what follows, from which it is clear also, that the comparison is not as to the peculiar personality of Moses in the individuality of his revelation, (Deu_34:10), but only as to what he had done and had been at Sinai at the request of Israel (As I am one such), Lange, Pos. Dog., p. 609. It is the promise “of a line of prophets, which is embraced in the prophet, who is the counterpart of Moses.” Typical and Messianic, Joh_1:45; Joh_6:14; Joh_4:25; Joh_5:44 sq.; Act_3:22; Act_7:37; Luk_24:19. See Doctrinal and Ethical.—Will raise up, with reference to Deu_13:2. Also: Unto him ye shall hearken, in allusion to Deu_13:4 and Deu_18:14 (Mat_17:5). Deu_18:16. God through this promise granted the desire of the people, which, after the departure of Moses, would become a necessity. Comp. upon Deu_5:20 sq.; Deu_9:10; Deu_10:4. Deu_18:17. Comp. Deu_5:25. Deu_18:18. Moses already at that time received the promise, but announces it here first, because, in its personal reference to Moses (Introd. § 4, I. 16), the right point of time was now first reached with his approaching departure, and thus in Deuteronomy. The import of the as me, Deu_18:15, gives now the explanation of as thee, 1) the mediated word of God, as through Moses, God no longer speaking directly to the people: thus far the preparation (the divine inspiration, Num_23:5); 2) the unconditional certainty of the word: thus now the legitimation, the official character. To the office so legitimated a corresponding conduct is due on the part of Israel, Deu_18:19, which indeed follows already from the fact that Israel had asked such a mediation at Sinai (Deu_18:16). Moses thus shows how the true prophet will speak the words of Jehovah given into his mouth, namely, simply give them again, not perhaps to conceal the threatening by the promise, but speak all that is given him by the Lord. דָרַשׁ, literally, to reclaim, as out of the hand of the doer (Gen_9:5), thus here מֵעִמּו, de chez-lui. With regard to the prophetic order promised, something is given over to Israel, and indeed to every individual, which he has with him, of which he is conscious, and as to which Jehovah demands the proper use, the fitting honor or obedience, but in case this fails, then calls to account, demands restitution and satisfaction through punishment, and in this way reclaims that which was given from the disobedient.—[See Act_3:23, in which the apostle brings out more fully than even the Sept.: I will take vengeance, the full meaning of these words. It is equivalent to the “highest theocratical punishment, that of excision from the chosen people.” See Alexanderin loco.—A. G.]—But still the prophet must be legitimated according to Deu_18:18, and hence the resumption, Deu_18:20, of the words in question, and (Deu_17:12-13) the declared penalty on account of the flagrant offence in two cases. Finally we have the criterion of the false prophet in the first case. Deu_18:21-22. In a prophet of false gods, the thing announced (Deu_13:3) may happen; in the false prophet of Jehovah, the first case, Deu_5:20, tho non-occurrence gives the criterion. Fear, horror, hence forbearance, were possible on account of the name of Jehovah, in which the prophet spake.

DOCTRINAL AND ETHICAL

1. Comp. Doct. and Eth. 2, upon Deu_1:6 to Deu_4:40.

2. “The necessity for a king is the necessity for a head, who embracing the entire external, natural and civil community in his person, might be able to defend and regulate. As soon as Israel, from its beginnings fixed by God, had grown into an actual nation, it so developed itself, that it must have a natural head, and thus preserve its perfectly free organic form (Gen_17:6; Gen_17:16; Gen_35:11; Gen_36:31; Num_23:21; Num_24:7; Num_24:17). The king is the natural manifestation of the perfectly free and independent man. Is there a true king in Israel, then Israel must be perfectly free and independent; for it lies in the very nature of the king that his perfection is not for himself; he must permit his whole fulness to flow out over his people. Hence the true king is the completion of the freedom, and generally of the history of Israel.” Baumgarten.

3. The kingdom and the prophetic order are parallel developments of the future in Israel, as they appear also in this section. They represent the two extreme points of the Israelitish national life, the most external and inward sides of that life, which have their reconciliation in the high-priesthood. The distinction between the kingly and prophetic order, growing into an opposition, is a tragic element in the future history of Israel. It must be so that the Scripture may be fulfilled, although first of all the bare variance of the offices which circumscribe the nationality of Israel, kindles the ever-burning desire after that which should unite them all and the whole Israelitish nationality in itself.

4. “The prophetic order is not made superfluous or unnecessary through the revelation of the law; but the path for it is thus opened.” Schullz. “Moses foresaw that Israel through disobedience, thus through the great deep of dissolution, would break through all the strength of the ordinances established by the law.” Baumgarten. For the insufficiency of the “judges and king, the priests and Levites,” Schultz appeals to “that transition to more settled relations now in prospect,” according to Deu_17:14, to the “elders of the people” (Deu_4:25), to the approaching “error and apostacy (chap. 31),” the threatened “seducing through the false prophets (Deu_13:2; Deu_18:20),” “the restoration according to Deu_4:29; Deu_30:1 sq. It becomes the pure, fundamental spiritual power of the word” (Baumgarten), and indeed of the authentic word, “which the Lord speaks,” to lead over, preserve, and help, and heal. But to these representatives of God, who keep the revelation of God continually present and living, for the special necessities of the time, and indeed in intelligible words, who thus literally deserve the name of parental teachers, a fitting, natural reverence shown through obedience, is due, which is no more to be rendered upon the mere authority derived from the revelation of the law, but upon the original force of the continuously efficient word” (Schultz).

5. “As nature preserves its consecration to the divine service and its sacred functions for the existence of the divine kingdom in the cultus, so history in the promise” (Beck, Christl. Lehrn. I. 398). The “gradually unfolding and organically united promises” marking the secret advance of the history of salvation which should come from the Jews, down to its consummation, are the building-stones of the temple in which humanity shall worship the Father, as they, the promises, form the mystical body of the Messiah before the Word was made flesh. Comp. Lange’s Pos. Dogm., the thoughtful, § 67, and upon Gen., p. 247 sq. The promise of salvation in the progress of the centuries from its general, human, real character, arrives in Abraham and Isaac at the cradle of the people, advances to the popular national character of its organs in Jacob from whom the tribes spring, to its tribal distinction in Moses, the prophet-prince, representing the whole economy of God, in whom thus centres, not as in the seed of Eve the simple idea of the human race, nor as in the patriarchs the idea of the people, nor as in Judah the idea of the tribe, but the idea of the divine civil officer (Heb_3:5), appears here in the divine civil service, centralizing itself in the personality of Moses as the bearer of the future salvation.” Beck.

6. As to the Messianic character of the passage, Deu_18:15; Deu_18:18, as “the promise of God is mediated and introduced through the condition and character of men, it is the fore-announcement of the future as it is contained in the germ of the present” (Lange). The “constellation of the present” does not proclaim the necessity for a second Moses. For without regarding the general historical law, according to which so comprehensive a genius does not soon repeat itself, only an Elisha follows an Elijah, the stand-point of the law rules still in Deuteronomy, fixes the institution, determines the arrangement, ordains the officers (Intro. 4, I. 16), for the peculiar historical, national development of Israel in Canaan, in which individual personalities must first form and mould themselves. Joshua is the personal deputy of Moses truly, but in limited, specific labors. For the present there was no need for the individual further, but for the condition in which the essential mediation of Moses, the prophetic, might be sown by God as a fruitful seed which should ever put forth personalities until the last, whom they all together typify, and who fulfils them perfectly in himself (1Pe_1:11). With this agrees the singular form of the promise here, and the express comparison with Moses as it is actually and historically explained, Deu_18:16 sq. The latter explanation especially, which must give the limitation to the “as I,” “as thee,” opposes every exposition which emphasizes the peculiar method of Moses in a wider (Havernick8) (Hofmann9), or a narrower sense (Kurtz,10 Auberlen, Tholuck. The typico-Messianic interpretation agrees best, both with the letter, and with the development of the Old Testament promise of the Messiah generally, and with the Mosaic time especially. In the latter reference Lange calls attention “to the completion of the prophecy of Moses through that of Balaam.” as Melchisedec appears by the side of Abraham. Balaam (Num_24:17) predicts the glory and the power of the kingdom out of Jacob—Israel. Thus the earlier (3) hinted distinction between the kingdom and the prophetic order is characteristically personified in the two prophets. The typical priesthood, as it is contained in the priestly royal Israel (Exo_19:6) comes first into view, Deuteronomy 33. A direct reference to the Messiah must moreover lead beyond the likeness to Moses, indeed to an opposition with him, into which even Kurtz and Schultz fall (Isaiah 42, 49, 50, 61). [See also and with reference to these same passages, Alexander on Isa., Vol. II., Introduction. While it is true that the promise runs parallel with the history in its progress, and is more or less determined by the condition and circumstances of men, this does not lie against the direct Messianic interpretation of this passage. It is not Messianic only in its germ-like character, unfolding itself through the long line of prophets until it reaches perfection in him who is the prophet. It has evidently from the connection in which it stands, on the one hand, opposed to the magic arts which the people were to shun, and on the other to the false prophets; and from the necessities of the people of God, after the departure of Moses, a distinct reference to that line of prophets, who were all like unto Moses so far as this, that God “put his words into their mouth.” But its main reference is to Christ. The New Testament constantly so represents it, Act_3:22-23; Act_7:37; Joh_1:19; Joh_4:25; Luk_11:50-51; Mat_17:5. The earlier Jewish expositors all applied the passage to the Messiah, and the great body of Christian commentators so explain it; only they do not make this its exclusive meaning. The question whether Moses understood his prophecy as thus pointing out the person of the Messiah has nothing to do with its interpretation. The prophets sometimes uttered what they did not fully understand, and they were often perhaps more distinctly conscious of the scope and meaning of the prophecies than we are disposed to admit. But it is clear that this question, whatever view may be held in regard to it, has no real bearing upon the exegesis. That must be settled upon other grounds. Nor is it of any weight against the direct Messianic interpretation, that Christ is in so many respects unlike Moses, greater than Moses, or even provided he is like unto him in this, that as a prophet he stands between men and God, and speaks the words of God, Joh_8:28. But if there is nothing in the person who speaks this prophecy, nor in the time at which it was uttered, nor in the immediate connection in which it stands, nor in its general relation to the whole progressive unfolding of the promise of salvation, inconsistent with the direct reference to the Messiah, if all these are much more in favor of that reference, as might be shown, then the passages in the New Testament which expressly apply it to Christ would seem to leave no room to doubt that this is the correct view.—A. G.]

HOMILETICAL AND PRACTICAL

Deu_16:18 sq. Luther: “Thou seest here that God Himself administers His own law, ordains judges, etc. Thou seest also what a disposition a judge must have, viz. that he must overcome all lusts and the enticements of fear, love, favor, compassion, of avarice, expectation, reputation, life and death, and prefer simply the simplest truth and righteous judgment. How will he look to God alone, if the heart has not been made strong by faith? A very difficult, rare and exalted thing, is a single and righteous eye in a judge, and men without avarice are rare birds, rarer than a black swan.” [Still they are found. Luther’s experience led him to a severe judgment. But it is sad to think that there is so much ground for the severity.—A. G.]

Deu_17:1. Starke: “In collections we should give good and not uncurrent coin.” Deu_17:2. Luther: “He well says: wickedness in the sight of the Lord, for nothing is fairer, better, more sacred in the sight of men, than idolatry, godlessness, dissimulation, and a careful appearance of reverence.” Deu_17:4. Berl. Bib.: “No connivance, but also no reception of every accusation as true, without investigation.” Deu_17:12. Richter: “How strictly God requires obedience to rulers and overseers.” Deu_17:15. Piscator: “The great virtues of a Christian ruler: he must be a brother, care for the common good, have a compassionate heart, and thus not cause the severe punishments and service of a foreign ruler; he must not hold too splendid a court, nor use too great expense, not rely upon his power, strength, wealth, etc., and thus without the utmost need, from pride and haughtiness cause war; he must not be hindered in his administration by pleasure, idleness, and the like; he must not from avarice burden his subjects, and occasion sin in the magistrates: above all he must diligently read the word of God for himself, that he may not be led away from the light by unchristian theologians, study humility as a man among men, direct his whole administration by the will of God.” Baumgarten: “It was the last stubborn act of the Egyptian king, that he with his chariots pursued the defenceless Israel (Exo_14:6 sq.; 23), but even in this his pride, with his chariots and riders, sank in the depths of the sea (Exo_14:25 sq.; Deu_15:2; Deu_15:4; Deu_15:18) and thus completed the separation between Israel and Egypt.” Starke: “Kings and lords are for the people, not the reverse.” Deu_17:16. Wurth. Bib.: “Great lords have also their laws.” Starke: “He is the richest king who has the richest subjects.” The Bible the best glass for rulers—Judgment and dominion have their roots in righteousness (Deu_16:12) and faithfulness (Deu_17:16 sq.).

Deu_18:1 sq. Baumgarten: “Not merely in the arrangement of the camp, but in the abode in the promised land, Levi appears as the innermost and spiritual Israel, since Levi has no inheritance in the land, but as if a quickening spirit is scattered through all the tribes in his cities.” Schultz: “As they lose their position they gain in the Lord ideally the possession of the whole.” Starke: “Christians, for the sake of Christ, must cheerfully forego all temporal things lying against their eternal inheritance in heaven.” Piscator: “The servants of the church and school should not be burdened with care for their support.” [Wordsworth: “A memento for the priesthood in every age of the Church, that they be not entangled with the affairs of this life.”—A. G.]. Deu_18:6. Piscator: “The way should not be barred to any one, but whoever desired to serve the Lord, to study the law, and learn the will of God, should be permitted to do so, should be helped on his way, and be provided with everything necessary.” Deu_18:9. Starke: “A Christian at a godless place should not follow the people there in wickedness, 1Pe_4:1 sq.” Deu_18:10-14. Berl. Bib.: “The believer should seek after the wisdom which is from above. Jam_3:17. (Col_2:8).” Baumgarten: “In the general uncertainty and perplexity of life, and the shortsightedness of men, even the heathen desires a divine word. Thus they turn in various ways to the spirits of nature, but which make themselves known as the gods of the dead, and are an abomination in the eyes of the living and good God.” [The intense desire to know what is future or unseen leads men now to resort to these modes of divination. Wordsw.: “These abominable sins have even found an entrance, and a welcome, into the saloons of the cities of Christendom, comp. Rev_21:8.”—A. G.]. Deu_18:15. Luther: “This is the most renowned passage of this book, and Moses introduces it here in the most fitting way when he was speaking of the priesthood, the authorities, and of all the servants of God.” Baumgarten: “Israel was to receive the divine word in extraordinary cases in a purely human and historical way. The mediation of Moses, the type of the prophets of Israel, to whom he attributes the same originality. Even the dead synagogue had such an idea of the originality and independence of the prophetic word, that it is a sentence of the Talmud,” (Maimonides on the Mischna). “In all that the prophet says to thee you should hearken to him, even if he oversteps the law, the service of idols excepted.” Piscator: “A glorious testimony by Moses to Christ, the chief of all the prophets.” Rissler: “Moses a type of Christ in the circumstance of his life, and his pre-eminence in his office. Moses at his birth in great danger of being destroyed, as the other children, at the command of the king; the child Jesus was to be killed soon after His birth, with the other children, at the command of Herod. Moses through his foster-mother kept in life; Jesus rescued from the danger of death through His foster-father. When Moses came to the help of his oppressed brethren they thrust him from them (Act_7:25); Jesus came to His own, but they received Him not, Joh_1:11. Moses was, notwithstanding, the redeemer of his people; Jesus has redeemed men from the service of Satan and sin, and brought His spiritual Israel into the liberty of the children of God. Heb_2:14 sq.; Joh_8:36. Moses was the mediator of the Old Covenant, Jesus of the New Testament. Heb_8:5 sq.; Deu_9:15 sq. Moses with his zeal, placed himself in the breach for his people. Exo_32:22 sq.; Jesus was actually cut off from the land of the living. Isa_53:8. Moses is the only person who united in himself, as long as he lived, the prophetic, priestly, and kingly offices; Jesus is the only teacher, high-priest, and King of His Church eternally. Moses was faithful in all his house as a servant; Jesus as a Son over His own house. Even the contrast between the office of the two is emphasized in 2 Corinthians 3.” [Wordsworth abounds in similar analogies,—A. G.]. Berl. Bib.: “As in the first four books there are four glorious types of the priestly office and work of Christ; Isaac, the passover lamb, the goat on the day of atonement, and the brazen serpent; so now of his prophetic office.” Piscator: “The distinction between Moses and Christ: 1) In person: Moses a poor sinful man; Christ a true man without sin. 2) In doctrine: Moses taught the law which no man can bear; Christ preaches the Gospel to troubled hearts. Joh_1:18. 3) In their benefits: Moses an earthly ruler could not destroy sin and death; Christ is the true Mediator. 1Ti_2:5.” [See also Henry, Scott, Calvin, for further practical hints.—A. G.].

Footnotes:

*[Deu_16:21. Lit., Thou shalt not plant thee as an Asherah any tree. The Asherah was an image of Astarte.—A. G.].

[1][Deu_17:1. מוּם,—Sept. μῶμος—Christ is ἄμωμος, 1Pe_1:19. Wordsworth.—A. G.].

[2][Deu_17:5. Lit., And they shall die.—A. G.].

[3][Deu_17:10. Lit., The mouth of the word which they shall declare to thee from that place, etc.—A. G.].

[4][Deu_17:15. Lit., Setting thou shalt set over thee a king of whom Jehovah thy God shall choose him.—A. G.]

[5][Deu_17:16. Lit., And Jehovah.—A. G.].

[6][Deu_18:8. Schroeder: As the margin, his sales (i.e., his saleable or sold possession) by the fathers.—A. G.].

[7][Deu_18:10. The Kosem. The word is connected with the idea of cutting, and probably means an astrologer. The Meonen, one who uses hidden arts. The Menachesh, a serpent charmer. The Mecashaphim, from a root to reveal, and thus a fortune-teller—a revealer of secrets. The Chober, one who binds, fascinates, and thus a charmer. The Shoel-Ob, probably ventriloquists, who used these arts in the pretended conversations with their familiars. See further on the significance of these names, Farrar, in Smith’s Bib. Dict. art Divination. Thomson, Land and Book, I., pp. 214, 215. —A. G.].

[8]Theol. of the O. T., p. Deu 130: “The essential identity of the contents of prophecy and the law.”

[9]Schrift. II. 1 ff. Deu 139: “The human mediation of the revelation of God in opposition to the overwhelming manifestation of God Himself.”

[10]Gesh. des A. B. II., p. Deu 522: “One entrusted with the whole house of Jehovah, conversing with God face to face.” Num_12:6 sq.; Deu_34:10; Hebrews 3.

Lange's Commentary on the Holy Scriptures (Critical, Doctrinal, and Homiletical), ed. John Peter Lange, English translation edited by Philip Schaff (1864–1880) — public domain. Text from a community e-Sword module.

13. Justice and the Choice of a King

CHAPTERS 16:18-17:20

1. Appointment of judges and their instruction (Deu 16:18-22; Deu 17:1)

2. The higher court at the place He chooses (Deu 17:8-13)

3. The choice and right of the king (Deu 17:14-20)

This chapter leads us upon new ground. The obligations of the religious life of Israel were stated in the first part of chapter 16 and now the government of the people in the land is commanded. “Just as in its religious worship the Israelitish nation was to show itself to be the holy nation of Jehovah, so was it in its political relations also. This thought forms the link between the laws already given and those which follow. Civil order, that indispensable condition of the stability and prosperity of nations and states, rests upon a conscientious maintenance of right, by means of a well-ordered judicial constitution and an impartial administration of justice” (F. Delitzsch). Judges and officials were to be appointed and a higher judicial court for more difficult cases to be established, the latter at the place of the sanctuary. Idolatry is prominently mentioned again because it is the most serious matter, both individually and nationally, to forsake the one Jehovah. Apostasy from Jehovah and His covenant is wickedness. Chapter 16:21-22 also has reference to idolatry. The idolatrous altars and images were set up under, or, beside green trees. See 1Ki 14:23; 2Ki 17:10; Jer 17:2. Then there is provision made for the choice of a king. The Lord foresaw Samuel’s time, when the people would reject Him as their King and desire to be like other nations; and foreseeing their failures He made provision for this emergency.

“And yet the wisdom and grace of God are only the more, not the less, conspicuous in this provision. True, of Saul it was said, ‘I gave thee a king in Mine anger, and took him away in My wrath’ (Hos 13:11). But this only brings out God’s real choice--David, ‘the beloved,’ type of One who is indeed that, and in whom a King is found who reigns forever. He is the One of whom the king that Deuteronomy announces is the shadow. Brought forth when priesthood has failed in Eli, and prophet in Samuel, the true king is God’s resource for Israel and the earth. For neither priesthood nor prophecy alone will set right the earth, or bring in the time when it shall be filled with the glory of the Lord. He must come to whom the throne belongs, and who shall bring back judgment to righteousness; He in whom Prophet, Priest, and King are one,--a threefold cord that never shall be broken” (Numerical Bible).

A comparison of verse 16 and 17 with 1 Kings 9-11 is most interesting. What failure man is in himself. And Solomon was the wisest and most influential of all the kings. This fact that Solomon did the very opposite from what the king should do has led the critics to say that this passage was written after Solomon. As if God did not know all this beforehand! But there is not allusion to Solomon’s kingdom at all in the words Moses spoke.

Arno C. Gaebelein, The Annotated Bible (1913–1922) — public domain. Text from a community e-Sword module.

16:18–17:13 The community of Israel, like any political entity, needed leaders of different kinds to provide cohesion and guidance. The Lord directed Moses to establish an appropriate leadership structure. He also laid out the criteria for selecting the leaders and the responsibilities of each office.

16:18 The combination of the words judges and officials might suggest that here the two terms are functionally synonymous. Usually officials is a generic title applied to any public leader, but here it seems to refer to an administrator of law and justice or something like police officers, as in modern Hebrew. • fairly: The idea was to measure up to an objective standard of equity that neither public nor private pressure could alter.

Tyndale Open Study Notes — © Tyndale Open Resources, licensed CC BY-SA 4.0. Text via the HelloAO Bible API.

He gave authority to that people for a time to choose themselves magistrates.

Geneva Bible (1599) marginal notes — public domain. Text via Bolls.life.

Here is, I. Care taken for the due administration of justice among them, that controversies might be determined, matters in variance adjusted, the injured redressed, and the injurious punished. While they were encamped in the wilderness, they had judges and officers according to their numbers, rulers of thousands and hundreds, Exo 18:25. When they came to Canaan, they must have them according to their towns and cities, in all their gates; for the courts of judgment sat in the gates. Now, 1. Here is a commission given to these inferior magistrates: "Judges to try and pass sentence, and officers to execute their sentences, shalt thou make thee." However the persons were pitched upon, whether by the nomination of their sovereign or by the election of the people, the power were ordained of God, Rom 13:1. And it was a great mercy to the people thus to have justice brought to their doors, that it might be more expeditious and less expensive, a blessing which we of this nation ought to be very thankful for. Pursuant to this law, besides the great sanhedrim that sat at the sanctuary, consisting of seventy elders and a president, there was in the larger cities, such as had in them above 120 families, a court of twenty-three judges, in the smaller cities a court of three judges. See this law revived by Jehoshaphat, Ch2 19:5, Ch2 19:8. 2. Here is a command given to these magistrates to do justice in the execution of the trust reposed in them. Better not judge at all than not judge with just judgment, according to the direction of the law and the evidence of the fact. (1.) The judges are here cautioned not to do wrong to any (Deu 16:19), nor to take any gifts, which would tempt them to do wrong. This law had been given before, Exo 23:8. (2.) They are charged to do justice to all: "That which is altogether just shalt thou follow, Deu 16:20. Adhere to the principles of justice, act by the rules of justice, countenance the demands of justice, imitate the patterns of justice, and pursue with resolution that which appears to be just. Justice, justice, shalt thou follow." This is that which the magistrate is to have in his eye, on this he must be intent, and to this all personal regards must be sacrificed, to do right to all and wrong to none.

II. Care taken for the preventing of all conformity to the idolatrous customs of the heathen, Deu 16:21, Deu 16:22. They must not only not join with the idolaters in their worships, not visit their groves, nor bow before the images which they had set up, but, 1. They must not plant a grove, nor so much as a tree, near God's altar lest they should make it look like the altars of the false gods. They made groves the places of their worship either to make it secret (but that which is true and good desires the light rather), or to make it solemn, but the worship of the true God has enough in itself to make it so and needs not the advantage of such a circumstance. 2. They must not set up any image, statue, or pillar, to the honour of God, for it is a thing which the Lord hates; nothing belies or reproaches him more, or tends more to corrupt and debauch the minds of men, than representing and worshipping by an image that God who is an infinite and eternal Spirit.

Matthew Henry's Commentary on the Whole Bible (1708–1710) — public domain (CC PDM 1.0). Text via the HelloAO Bible API.

Judges and officers shalt thou make--These last meant heralds or bailiffs, employed in executing the sentence of their superiors.

in all thy gates--The gate was the place of public resort among the Israelites and other Eastern people, where business was transacted and causes decided. The Ottoman Porte derived its name from the administration of justice at its gates.

Jamieson, Fausset & Brown — Commentary Critical and Explanatory on the Whole Bible (1871) — public domain (CC PDM 1.0). Text via the HelloAO Bible API.

Verse 18. Judges and officers shalt thou make] JUDGES, שפטים shophetim, among the Hebrews, were probably the same as our magistrates or justices of the peace. OFFICERS, שטרים shoterim, seem to have been the same as our inquest sergeants, beadles, &c., whose office it was to go into the houses, shops, &c., and examine weights, measures, and the civil conduct of the people. When they found any thing amiss, they brought the person offending before the magistrate, and he was punished by the officer on the spot. They seem also to have acted as heralds in the army, De 20:5. See also Rab. Maimon in Sanhedrin. In China, for all minor offences, the person when found guilty is punished on the spot, in the presence of the magistrate or mandarin of justice.

Adam Clarke's Commentary on the Bible (1810–1826) — public domain. Text from a community e-Sword/MySword module.

(18) Judges and officers.—A fresh section of the book, as read in the synagogues, begins with these words.

The land is now considered as the seat of the Kingdom of Jehovah, to the end of ch. 18. See Introduction for a complete analysis, and comp. Jos_23:2, which shows that these magistrates were already appointed.

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

Thou shall not wrest judgment,.... Or pervert it, pass a wrong sentence, or act contrary to justice; this is said to the judges as a direction to them, and so what follows:

thou shalt not respect persons; so as to give the cause on account of outward circumstances and relations; as in favour of a rich man against a poor man merely for that reason, or of a near relation or intimate friend and acquaintance against a stranger, but justice should be administered without favour or affection to any; as Jarchi puts it, he was to make no difference in his address and behaviour to contending parties before him; he was not to be tender and soft to one and hard to the other, or let one stand and another sit:

neither take a gift: as a bribe to give the cause wrong: at Thebes, in Egypt, as Diodorus Siculus (y) relates, in a court on a wall, were images of judges to the number of thirty; in the midst of them was the chief judge; having Truth hanging down from his neck (which seems to be in imitation of the Urim of the high priest of the Jews), his eyes shut, and many books by him; by which image was shown, that judges should receive nothing, and that the chief judge should look to truth only:

for a gift doth blind the eyes of the wise, and pervert the words of the righteous; see Exo 23:8 the Jews have a saying, that a judge that takes a bribe, and perverts judgment, does not die of old age, or till his eyes become dim (z).

(y) Bibliothec. l. 1. c. 45. (z) Misn. Peah, c. 8. sect. 9.

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

These verses are closely connected in subject with the following chapter, and introduce certain directions for the administration of justice and the carrying on of the civil government of the people in Canaan. During the lifetime of Moses, he himself, especially inspired and guided by God, was sufficient, with the aid of the subordinate judges (compare Exo 18:13 ff), for the duties in question. But now that Moses was to be withdrawn, and the people would soon be scattered up and down the land of Canaan, regular and permanent provision must be made for civil and social order and good government.

Deu 16:21

A grove ... - Render, Thou shalt not plant for thee any tree as an idol: literally as an Asherah,” “i. e.” an image of Astarte or Ashtaroth, the Phoenician goddess (compare Deu 7:5 note, Deu 7:13 note). The word is rendered “grove” by the King James Version also in Deu 7:5; Deu 12:3; Exo 34:13; Jdg 6:25, but cannot be maintained, for the word is connected with various verbs which are quite inapplicable to a grove. The wooden idol in question was the stem of a tree, stripped of its boughs, set upright in the ground, and rudely carved with emblems.

Albert Barnes' Notes on the Bible (1834–1885) — public domain. Text from a community e-Sword/MySword module.

Magistrates, (magistros,) "masters;" people learned in the law, who may assist the judges with their counsel in any emergency. Hebrew shotrim, "officers, heralds, lictors," &c., chap. i. 15. (Haydock) --- Bonfrere (in Exodus xviii. 25,) thinks that these were the judges set over each tribe, or else the assessors of the judges. (Menochius) --- The Rabbins mention three tribunals of the Jews: 1. The Sanhedrim, consisting of seventy judges, with a prince at the head of them; 2. the twenty-three judges, who resided in considerable cities; 3. the tribunal of three judges, who administered justice in the villages, which had not above 120 inhabitants. But Josephus ([Antiquities?] iv. last chapter.) only mentions, that Moses established in each city seven judges, who had each two officers of the tribe of Levi. --- Gates, where the judges sat.

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).

Judges; chief magistrates to examine and determine causes and differences.

Officers, who were inferior and subordinate to the other, to bring causes and persons before them, to acquaint people with the mind and sentence of the judges, and to execute their sentence, Deu 20:5,9; Jos 1:10,11; 3:2,3. In all thy gates, i.e. thy cities, which he here calls

gates, because there were seats of judgment set. Compare 1Ch 23:4.

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

Vers. 18-20. Moses had at an earlier period appointed judges to settle disputes among the people, and had given instructions to them for the discharge of their duty. (Ex 18; Deu_1:12-18) Whilst the people were in the wilderness, united as one body and under the leadership of Moses, this arrangement was sufficient; but a more extended arrangement would be required when they came to be settled in Canaan and dispersed in towns and villages over the whole land. In prospect of this, Moses here enacts that judges and officers were to be appointed by the people in all their gates, in all their places of residence, which the Lord should give them.

Judges and officers. The "officers" (shoterim, writers) associated with the judges both in the earlier arrangements and in that which was to succeed were secretaries and clerks of court, and acted also as assessors and advisers of the judges. No instruction is given as to the number of judges and officers, or as to the mode of appointing them; nor was this necessary. The former would be determined by the size and population of the place where they were appointed, and the latter would, as a matter of course, follow the method instituted by Moses in the earlier arrangement. (see Deu_1:13-15; Exo_18:21-26)

Vers. 18-20. (See Homily, Deu_10:17 Deu_11:1, "God no respecter of persons.

Vers. 18-21. Model judges.

I JUDGES OCCUPY A HIGH AND RESPONSIBLE POSITION.

1. They are necessary. They require to be set up "in all thy gates... throughout thy tribes.

2. They represent God. (Deu_1:17) They are called "gods". (Psa_82:1) They are clothed with a portion of God"s authority. (Rom_13:1)

1. They are set to uphold the sacred interests of justice.

2. They may, by wresting judgment, or by hasty and wrong decisions, inflict irremediable injury on the innocent.

3. The right discharge of their functions conduces in the highest degree to the stability, happiness, and material prosperity of society.

II JUDGES ARE REQUIRED TO EXECUTE JUST JUDGMENT.

1. They are not to be swayed by private partialities political, social, ecclesiastical.

2. They are not to make distinctions between rich and poor, i.e. "respect persons.

3. They are not to accept bribes.

4. They are, as administrators of a justice which is impersonal, to judge in every case according to absolute right. J.O.

Vers. 18-20. Impartial judges.

We have here the election of judges or magistrates laid down as a duty. In the election they are to secure impartial and incorruptible men. A bribe is not to be thought of by the judges nor are they to respect persons. And here let us notice

I THAT ALL JUDGMENT AMONG MEN IS THE FORESHADOWING OF A DIVINE JUDGMENT AT THE LAST. We live under a moral Governor who has not yet delivered final judgment upon his creatures. That final review of life is naturally expected from the imperfect justice of the world. Men in their judgments can at best only approximate to what will be the Divine decision.

II GOD DEMANDS IMPARTIAL JUDGES FROM HIS PEOPLE BECAUSE HE IS THE IMPARTIAL JUDGE HIMSELF. The impartiality of God"s administration will be vindicated at last. All seeming violations of the principle will be exhibited in their true light. For instance, God"s plan of salvation is the very essence of impartiality, since it proposes to save men without regard to any personal consideration, as a matter of free grace alone. Whosoever takes exception to this is taking exception to the Divine impartiality.

Again, in providence we shall doubtless find that, by a series of compensations and of drawbacks, each person"s lot in life is impartially and graciously ordered. The favorites of fortune" find some drop of bitterness in their cup, and the sweetness is more apparent than real.

III MEN NEED NOT TRY TO BRIBE GOD, HOWEVER THEY MAY SUCCEED WITH MEN. For although this may seem a strong way of putting it, it is nevertheless the attempt that sinners thoughtlessly make. For instance, when an anxious soul thinks that a certain amount of conviction of sin, a certain amount of penitence, a certain amount of frames and feelings, will secure acceptance and peace, he is proposing to bribe God. It is as if an insane person tried to corrupt a judge on the bench by the present of a bundle of rags our righteousnesses are as filthy rags." God will take no bribe. He will accept no man"s person. Unless we give up the idea of personal claim and personal fitness for his reception of us, we cannot be accepted.

IV WE MAY EXPECT AN IMPARTIAL JUDGMENT AT THE LAST. It is Jesus who is to sit on the throne when the appeal cases from the injustice of earth to the justice of heaven are heard. He knows our cases so thoroughly that he cannot, as he would not, err. All wrongs shall then be righted; all unfair advantage taken shall then be condemned. "Behold, the judge standeth at the door" Let us see to it that we learn of him impartiality, and men shall regard us as truly Godlike in our dealings with them! R.M.E.

Vers. 18-22. The administration of justice.

True religion is related to true morality as the parent is related to the child. God cares as much that right dispositions should prevail between man and man as between man and God. By an eternal decree, religion and morality have been conjoined, and no man can put them asunder. He that loves God will love his brother also.

I THE ADMINISTRATION OF SOCIAL JUSTICE IS ENTRUSTED TO IMPERFECT MEN. The laws of the Jews were framed in heaven, and were conveyed to men by the mediation of angels, but the administration and execution of these laws were imposed on men selected from among themselves. What men cannot do God will do for them; what men can do for themselves, God requires them to accomplish. This administration of Divine Law by men was a magnificent training for higher once. In the best sense, God desires that men "should be as gods." By handling the affairs of justice, they would best grow in the understanding of the Divine government.

II EVERY TOWN WAS A TYPE OF THE WHOLE KINGDOM. Magistrates were to be appointed in every community, who should be kings in their sphere of jurisdiction. Such magistrates were the people"s choice, and thus they were initiated into the art of self-government. Justice well administered in every town would secure the order and well-being of the nation. The burden of governing the whole nation would thus be reduced to a thousand infinitesimal burdens each one easily to be borne. Duty well done in every individual sphere would make the world happy and prosperous.

III THE SACRED INTERESTS OF JUSTICE OUTWEIGH ALL PERSONAL CONSIDERATIONS. Gifts from friends are not to be despised; but if they have the feeblest tendency to weaken our sense of right or to bring discredit on public justice, they must be declined. If a man accepts the office of a ruler, he must be prepared to forego many private advantages and pleasures. He is the steward of public interests the servant of justice. He is no longer his own master. Personal friendships must be forgotten in the judicial court. No regard must be had to any other interest save the interest of righteousness. One thing the magistrate must do, and one only; he must be the mouthpiece of eternal righteousness. He may err, but he must be honest. Simple integrity of purpose is the chief qualification to rule. He who candidly desires to do right will be guided by an unerring hand.

IV THE CAUSE OF PUBLIC JUSTICE IS SERVED BY PUBLICITY. The administration of justice was to be in the gate in the place of public concourse. From the free conflict of public opinion sparks of truth will be elicited. So weak and vacillating is ofttimes human purpose, that the blaze of mortal eyes is needed to keep that purpose steadfast. This mode of administering justice had also a deterrent influence on the immature and the vile; it educated the public conscience.

V JUSTICE HONESTLY ADMINISTERED SECURES NATIONAL PROSPERITY. It is the lesson of universal history that official injustice loosens all the bonds of society, and brings a kingdom into utter ruin. Men will patiently tolerate many abuses of power, but the public abuse of justice quickly brings deadly retribution. On the other hand, an honest and prompt administration of righteous law is the seed of order, content, and mutual confidence. It gives a sense of security; it fosters patriotism; it develops courage; it brings the smile and benediction of God. D.

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

Judges - Chief magistrates to examine and determine causes and differences. Officers - Who were subordinate to the other to bring causes and persons before him, to acquaint people with the sentence of the Judges, and to execute their sentence. Thy gates - Thy cities, which he here calls gates, because there were seats of judgment set. Pursuant to this law, in every town which contained above an hundred and twenty families, there was a court of twenty three Judges; in the smaller towns, a court of three Judges.

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

Precepts of Right Judgment

v. 18. Judges and officers shalt thou make thee in all thy gates, in all cities and towns, which the Lord, thy God, giveth thee, throughout thy tribes, Deu 1:12-18. So the judges were to have assistants, not only for clerical work, but also as counselors and as keepers of the genealogical records; and they shall judge the people with just judgment, with a strict regard for righteousness and justice.

v. 19. Thou shalt not wrest judgment, stretch the right, turn it aside from the right path, Exo 23:2-6; Exodus 8. Thou shalt not respect persons, either out of deference to a powerful person or out of sympathy with a needy man, neither take a gift, a bribe; for a gift doth blind the eyes of the wise and pervert the words of the righteous, corrupt the good cases of those that are in the right.

v. 20. That which is altogether just shalt thou follow, pursuing justice, and justice only, that thou mayest live, and inherit the land which the Lord, thy God, giveth thee. Some bad transgressions that might come to the attention of the authorities are now named.

v. 21. Thou shalt not plant thee a grove, erect a wooden pillar which was used in the worship of Asherah, a heathen goddess, of any trees near unto the altar of the Lord, thy God, which thou shalt make thee.

v. 22. Neither shalt thou set thee up any image, statue or pillar, such as were erected in honor of Baal, Exo 23:33; which the Lord, thy God, hateth. The constant repetition of the same precept serves the same purpose as our daily examination for the purpose of cleansing our lives and of growing in sanctification.

Paul E. Kretzmann, Popular Commentary of the Bible (1921–1924) — public domain. Text from a community e-Sword module.

General Information:

Moses continues speaking to the people of Israel.

You must make judges

"You must appoint judges" or "You must choose judges"

within all your city gates

Here "gates" represents a city or town. AT: "within all your towns" (See: Synecdoche)

they will be taken

This can be stated in active form. AT: "you will choose them" (See: Active or Passive)

judge the people with righteous judgment

"judge the people fairly"

You must not take justice away by force

Moses speaks of justice as if it were a physical object that a strong person can violently pull away from a weak person. This can be stated in positive form. Your language might have one word that means "use force to take away." AT: "You must not be unfair when you judge" or "You must make just decisions" (See: Metaphor and Double Negatives)

You must not

Here "You" refers to those who will be appointed as judges and officers. (See: Forms of You)

for a bribe blinds the eyes of the wise and perverts the words of the righteous

Taking a bribe is spoken of as if the bribe were corrupting the people. AT: "for even a wise man who accepts a bribe will become blind, and even a righteous man who accepts a bribe will tell lies" (See: Metaphor)

a bribe blinds the eyes of the wise

A wise person who accepts a bribe so that he does not speak against something evil is spoken of as if he becomes blind. (See: Metaphor)

the wise

The nominal adjective "the wise" can be translated as an adjective. AT: "a wise person" or "wise people" (See: Nominal Adjectives)

perverts the words of the righteous

The nominal adjective "righteous" can be translated as an adjective. AT: "causes a righteous person to lie" (See: Nominal Adjectives)

follow after justice, after justice alone

justice is spoken of as a person who is walking. A person who is doing what is fair and just is spoken of as if he was following close behindjustice. AT: "do only what is fair" (See: Metaphor)

inherit the land that Yahweh your God is giving you

Receiving the land that God is giving to the people is spoken of as if the people are inheriting the land from God. (See: Metaphor)

translationWords

judge, judges

gate

tribe

righteous

just

partial

bribe

wise

word

life

inherit

unfoldingWord translationNotes — © Distant Shores Media and the Door43 World Missions Community, licensed CC BY-SA 4.0. Source: git.door43.org/Door43/en_tn.

שפטים ושטרים JUDGES AND BAILIFFS — שופטים are the judges who pronounce sentence, and שוטרים are those who chastise the people at their (the judges’) order [beating and binding the recalcitrant] with a stick and a strap until he accepts the judge’s sentence (Sanhedrin 16b and Rashi thereon; cf. Sifrei Devarim 144:6).

בכל שעריך IN ALL THY GATES — i.e. in each town (Sifrei Devarim 144:3).

לשבטיך THROUGHOUT THY TRIBES — This is to be connected with תתן לך, thus: judges and bailiffs shall you make yourself for your tribes in all all your cities that the Lord, your God, gives you.

לשבטיך THROUGHOUT THY TRIBES — This teaches that judges must be appointed for each tribe separately and each city separately (Sifrei Devarim 144:4; Sanhedrin 16b).

ושפטו את העם וגו׳ AND THEY SHALL JUDGE THE PEOPLE [WITH JUST JUDGMENT] — This means, appoint judges who are expert and righteous to give just judgment (cf. Sifrei Devarim 144:7).

Rashi on the Tanakh — English translations: “The Judaica Press complete Tanach with Rashi, translated by A. J. Rosenberg” (CC BY 4.0); “Pentateuch with Rashi's commentary by M. Rosenbaum and A.M. Silbermann, 1929-1934” (public domain); “The Metsudah Tanach series, Lakewood, N.J” (CC BY 4.0); and “The Book of Joshua, Metsudah Publications, 1997” (CC BY 4.0). Text via Sefaria.

JUDGES ‘V’SHOTRIM’ SHALT THOU MAKE THEE IN ALL THY GATES WHICH THE ETERNAL THY G-D GIVETH THEE. He has commanded in the Torah, the word of both parties shall come before ha’elohim (the judges); indicates that “the judges” had received ordination. and he shall pay as the judges determine., 21:22. If so, He commanded [by implication] that Israel is to have judges, and here he [Moses] explained that they are to appoint judges in all their cities when G-d will give them the Land. For outside of the Land they are not required to appoint a court for themselves; rather, when an aggrieved party complains, people qualified to judge are to arise for him and according to their ordinances shall they judge it. Or the parties are to go up to the Land in the proper time [i.e., when there are courts of ordained judges functioning in the Land of Israel], and there, they will adjudicate it in the place of righteousness. He added here [that it is obligatory to appoint] shotrim, who are the ones that execute the judgment.Accordingly, Israelites living outside of the Land are not commanded to appoint for themselves judges in the cities. And so wrote Harav Rabbi Moshe ben Maimon. 1:2. But in Tractate Makkoth the Rabbis have taught: “And these things shall be for a statute of judgment unto you throughout your generations in all your dwellings. This teaches that the laws of Sanhedrin are binding both within and without the Land. If so, why is it stated Judges and officers shalt thou make thee in all thy gates? In the Land you are to appoint [judges] in every district and in every city; outside the Land you are to appoint [judges] in every district, but you are not obligated to do so in every city.” From this text it would appear that we are required to appoint a Sanhedrin outside the Land — not in every city as in the Land of Israel, but in every district. If so, this commandment is binding at all times in civil cases and in matters that may be adjudicated outside the Land. Nowadays, however, that ordination has ceased, Sages in the Land of Israel would agree to reinstitute ordination, they are empowered to do so (Mishneh Torah, Shoftim, Hilchoth Sanhedrin 4:11). Such an attempt was made by Rabbi Yaakov Beirav of Safed in the middle of the sixteenth century in the days of Rabbi Yoseph Karo, author of the Shulchan Aruch. The attempt failed for various reasons, one of them being that Rambam concluded his statement with the equivocal phrase “and the matter needs yet a final decision.” since, according to Torah-law, all judicial functions are void — for it is written, “[And these are the ordinances which thou shalt set] before them, and not before commoners ” and we [not being ordained,] are commoners, and would not be empowered to adjudicate outside the Land except for the Rabbinical ordinance that we “carry out the commission of the former ones [who had received ordination]” (marriage contract), inheritance, damages, etc. But matters not of common occurrence [such as one animal damaging another] or not involving a monetary loss [such as the additional amount levied as a fine upon returning stolen goods] are not enforceable. See Choshen Mishpat, I, for further clarification of this principle. — we are not at all bound, according to Torah-law, by the commandment to appoint judges.

THROUGHOUT THY TRIBES. “This refers to the expression [at the beginning of the verse] shalt thou make thee. This teaches that courts are to be set up in each and every tribe, and in each and every city.” This is Rashi’s language, and so it is also stated in Tractate Sanhedrin. But I know not the meaning of this text, for, since we have appointed courts in each and every city, there are many courts in every tribe [thus making it redundant to specify “throughout thy tribes”]! Perhaps the intent of the verse is to state that if there is a city belonging to two tribes, such as Jerusalem in which there is a share for [the tribe of] Judah and [for the tribe of] Benjamin, that we are to seat two courts therein. And so the Rabbis concluded in Chapter Cheilek that they may divide one city among two tribes, and so, indeed, was Jerusalem shared by Judah and Benjamin.And it is possible to explain that Scripture obligated [the nation] to appoint a court [exercising authority] over the whole tribe and it is to judge all [its people], and then we are to appoint a court for each and every city that is to judge that [particular] city. Now, although all these courts were alike in number of judges, consisting of twenty-three in criminal cases and three in civil cases, [people] most superior in wisdom among them were appointed over the whole tribe, while those inferior to them [were designated for the courts] of each and every city. Parties to a suit could force one another to adjudicate only before the court in their city, not before the court of another city. Even if both parties happened to be in another city one could still say, “Let us go before the court of our own city.” But the [supreme] court of the tribe could force any of the people of that tribe to stand trial before it. And even if the litigants are in their own city one can still say, “I want to go to the Great Court of the tribe.” Similarly, if the courts of the cities are in doubt [concerning the law], they are to come before the Great Court of the tribe and request [its decision]. Thus just as a Great Sanhedrin [of seventy-one judges] was appointed over all courts of all Israel, so one [supreme] court was to be appointed over each and every tribe. And if [the judges of that court] found it necessary to ordain or decree any matter for their own tribe, they were empowered to so decree and ordain and, to that tribe, their word was equivalent to the decree of the Great Sanhedrin over all Israel. This is “the court” mentioned in Tractate Horayoth wherein we are taught, “If the court of one of the tribes rendered a decision [that was unwittingly contrary to a negative commandment, punishable by excision] and that tribe acted according to their word, that tribe is obligated [to bring the prescribed offering], but the rest of the tribes are not liable.” And by way of the plain meaning of Scripture the sense of the verse is [to be inverted as follows]: “Judges and officers shalt thou make thee throughout all thy tribes in all thy gates,” the verse stating that they are to appoint judges over their tribes, and they are to judge in all their gates. Thus the judges of the tribe are to judge in all its cities.

Ramban (Nachmanides) on the Tanakh — English translation: “Commentary on the Torah by Ramban (Nachmanides). Translated and annotated by Charles B. Chavel. New York, Shilo Pub. House, 1971-1976” (CC BY 4.0). Text via Sefaria.