If there arises a matter too hard for you in judgment, between blood and blood, between plea and plea, and between stroke and stroke, being matters of controversy within your gates, then you shall arise, and go up to the place which Yahweh your God chooses. You shall come to the priests who are Levites and to the judge who shall be in those days. You shall inquire, and they shall give you the verdict. You shall do according to the decisions of the verdict which they shall give you from that place which Yahweh chooses. You shall observe to do according to all that they shall teach you. According to the decisions of the law which they shall teach you, and according to the judgment which they shall tell you, you shall do. You shall not turn away from the sentence which they announce to you, to the right hand, nor to the left. The man who does presumptuously in not listening to the priest who stands to minister there before Yahweh your God, or to the judge, even that man shall die. You shall put away the evil from Israel. All the people shall hear and fear, and do no more presumptuously.
Parallel Translations
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If there arises a matter too hard for you in judgment, between blood and blood, between plea and plea, and between stroke and stroke, being matters of controversy within your gates, then you shall arise, and go up to the place which Yahweh your God chooses.
You shall come to the priests who are Levites and to the judge who shall be in those days. You shall inquire, and they shall give you the verdict.
You shall do according to the decisions of the verdict which they shall give you from that place which Yahweh chooses. You shall observe to do according to all that they shall teach you.
According to the decisions of the law which they shall teach you, and according to the judgment which they shall tell you, you shall do. You shall not turn away from the sentence which they announce to you, to the right hand, nor to the left.
The man who does presumptuously in not listening to the priest who stands to minister there before Yahweh your God, or to the judge, even that man shall die. You shall put away the evil from Israel.
All the people shall hear and fear, and do no more presumptuously.
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If there arise a matter too hard for thee in judgment, between blood and blood, between plea and plea, and between stroke and stroke, being matters of controversy within thy gates: then shalt thou arise, and get thee up into the place which the LORD thy God shall choose;
And thou shalt come unto the priests the Levites, and unto the judge that shall be in those days, and enquire; and they shall shew thee the sentence of judgment:
And thou shalt do according to the sentence, 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:
According 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 which they shall shew thee, to the right hand, nor to the left.
And the man that will do presumptuously, and will not 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.
And all the people shall hear, and fear, and do no more presumptuously.
Show all 3 translations
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If there arise a matter too hard for thee in judgment, between blood and blood, between plea and plea, and between stroke and stroke, even matters of controversy within thy gates; then shalt thou arise, and get thee up unto the place which the LORD thy God shall choose.
And thou shall come unto the priests the Levites, and unto the judge that shall be in those days; and thou shalt inquire; and they shall declare unto thee the sentence of judgment.
And thou shalt do according to the tenor of the sentence, which they shall declare unto thee from that place which the LORD shall choose; and thou shalt observe to do according to all that they shall teach thee.
According to the law which they shall teach thee, and according to the judgment which they shall tell thee, thou shalt do; thou shalt not turn aside from the sentence which they shall declare unto thee, to the right hand, nor to the left.
And the man that doeth presumptuously, in not hearkening 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 exterminate the evil from Israel.
And all the people shall hear, and fear, and do no more presumptuously.
Examined in Scripture Analysis
Commandments (2)
The laws of the Torah, each cited and shown as a primary source.
Cross-references (63)
- Deuteronomy 13:11 (vv12–13) All Israel shall hear, and fear, and shall not do any more wickedness like this among you.
- Deuteronomy 12:5 (v8) But to the place which Yahweh your God shall choose out of all your tribes, to put his name there, you shall seek his habitation, and you…
- Ezekiel 44:24 (v9) “ ‘ “In a controversy they shall stand to judge. They shall judge it according to my ordinances. They shall keep my laws and my statutes in…
- Haggai 2:11 (vv8–9) “Yahweh of Armies says: Ask now the priests concerning the law, saying,
- Malachi 2:7 (vv8–9) For the priest’s lips should keep knowledge, and they should seek the law at his mouth; for he is the messenger of Yahweh of Armies.
Show all 60 cross-references
- Numbers 15:30 (v12) “ ‘But the soul who does anything with a high hand, whether he is native-born or a foreigner, blasphemes Yahweh. That soul shall be cut off…
- Deuteronomy 13:5 (v12) That prophet, or that dreamer of dreams, shall be put to death, because he has spoken rebellion against Yahweh your God, who brought you…
- Deuteronomy 19:20 (v13) Those who remain shall hear, and fear, and will never again commit any such evil among you.
- Joshua 1:7 (v11) Only be strong and very courageous. Be careful to observe to do according to all the law which Moses my servant commanded you. Don’t turn…
- Deuteronomy 1:17 (v8) You shall not show partiality in judgment; you shall hear the small and the great alike. You shall not be afraid of the face of man, for…
- Deuteronomy 10:8 (v12) At that time Yahweh set apart the tribe of Levi to bear the ark of Yahweh’s covenant, to stand before Yahweh to minister to him, and to…
- Deuteronomy 17:7 (v12) The hands of the witnesses shall be first on him to put him to death, and afterward the hands of all the people. So you shall remove the…
- Deuteronomy 18:5 (v12) For Yahweh your God has chosen him out of all your tribes to stand to minister in Yahweh’s name, him and his sons forever.
- Deuteronomy 18:7 (v12) then he shall minister in the name of Yahweh his God, as all his brothers the Levites do, who stand there before Yahweh.
- Deuteronomy 19:17-21 (v9) then both the men, between whom the controversy is, shall stand before Yahweh, before the priests and the judges who shall be in those…
- Ezra 10:8 (v12) and that whoever didn’t come within three days, according to the counsel of the princes and the elders, all his possessions should be…
- Jeremiah 18:18 (v9) Then they said, “Come! Let’s devise plans against Jeremiah; for the law won’t perish from the priest, nor counsel from the wise, nor the…
- Hosea 4:4 (v12) “Yet let no man bring a charge, neither let any man accuse; for your people are like those who bring charges against a priest.
- 1 Thessalonians 4:8 (v12) Therefore he who rejects this doesn’t reject man, but God, who has also given his Holy Spirit to you.
- 1 Timothy 5:20 (v12) Those who sin, reprove in the sight of all, that the rest also may be in fear.
- Hebrews 10:26-29 (v12) For if we sin willfully after we have received the knowledge of the truth, there remains no more a sacrifice for sins, but a certain…
- Exodus 18:26 (v8) They judged the people at all times. They brought the hard cases to Moses, but every small matter they judged themselves.
- Exodus 21:12-14 (v8) “One who strikes a man so that he dies shall surely be put to death, but not if it is unintentional, but God allows it to happen; then I…
- Exodus 21:20 (v8) “If a man strikes his servant or his maid with a rod, and he dies under his hand, the man shall surely be punished.
- Exodus 21:22 (v8) “If men fight and hurt a pregnant woman so that she gives birth prematurely, and yet no harm follows, he shall be surely fined as much as…
- Exodus 21:28 (v8) “If a bull gores a man or a woman to death, the bull shall surely be stoned, and its meat shall not be eaten; but the owner of the bull…
- Exodus 22:2 (v8) If the thief is found breaking in, and is struck so that he dies, there shall be no guilt of bloodshed for him.
- Numbers 35:11 (v8) then you shall appoint for yourselves cities to be cities of refuge for you, that the man slayer who kills any person unwittingly may flee…
- Numbers 35:16 (v8) “ ‘But if he struck him with an instrument of iron, so that he died, he is a murderer. The murderer shall surely be put to death.
- Numbers 35:19-34 (v8) The avenger of blood shall himself put the murderer to death. When he meets him, he shall put him to death. If he shoved him out of hatred,…
- Deuteronomy 5:32 (v11) You shall observe to do therefore as Yahweh your God has commanded you. You shall not turn away to the right hand or to the left.
- Deuteronomy 17:20 (v11) that his heart not be lifted up above his brothers, and that he not turn away from the commandment to the right hand, or to the left, to…
- Deuteronomy 18:20 (v12) But the prophet who speaks a word presumptuously in my name, which I have not commanded him to speak, or who speaks in the name of other…
- Deuteronomy 19:4 (v8) This is the case of the man slayer who shall flee there and live: Whoever kills his neighbor unintentionally, and didn’t hate him in time…
- Deuteronomy 19:17 (v8) then both the men, between whom the controversy is, shall stand before Yahweh, before the priests and the judges who shall be in those days;
- Deuteronomy 25:1 (v11) If there is a controversy between men, and they come to judgment and the judges judge them, then they shall justify the righteous and…
- Deuteronomy 28:14 (v11) and shall not turn away from any of the words which I command you today, to the right hand or to the left, to go after other gods to serve…
- Joshua 23:6 (v11) “Therefore be very courageous to keep and to do all that is written in the book of the law of Moses, that you not turn away from it to the…
- 2 Samuel 14:19 (v11) The king said, “Is the hand of Joab with you in all this?” The woman answered, “As your soul lives, my lord the king, no one can turn to…
- 1 Kings 3:16-28 (v8) Then two women who were prostitutes came to the king, and stood before him. The one woman said, “Oh, my lord, I and this woman dwell in one…
- 2 Chronicles 19:8-10 (v8) Moreover in Jerusalem Jehoshaphat appointed Levites and priests, and of the heads of the fathers’ households of Israel, for the judgment of…
- Psalms 19:13 (v12) Keep back your servant also from presumptuous sins. Let them not have dominion over me. Then I will be upright. I will be blameless and…
- Psalms 122:4-5 (v8) where the tribes go up, even Yah’s tribes, according to an ordinance for Israel, to give thanks to Yahweh’s name. For there are set thrones…
- Proverbs 4:27 (v11) Don’t turn to the right hand nor to the left. Remove your foot from evil.
- Proverbs 21:11 (v12) When the mocker is punished, the simple gains wisdom. When the wise is instructed, he receives knowledge.
- Jeremiah 25:3-14 (v12) From the thirteenth year of Josiah the son of Amon, king of Judah, even to this day, these twenty-three years, Yahweh’s word has come to…
- Matthew 10:14 (v12) Whoever doesn’t receive you, nor hear your words, as you go out of that house or that city, shake the dust off your feet.
- Luke 10:16 (v12) Whoever listens to you listens to me, and whoever rejects you rejects me. Whoever rejects me rejects him who sent me.”
- John 12:48 (v12) He who rejects me, and doesn’t receive my sayings, has one who judges him. The word that I spoke will judge him in the last day.
- John 20:23 (v12) If you forgive anyone’s sins, they have been forgiven them. If you retain anyone’s sins, they have been retained.”
- Romans 13:1-6 (v11) Let every soul be in subjection to the higher authorities, for there is no authority except from God, and those who exist are ordained by…
- 1 Thessalonians 4:2 (v12) For you know what instructions we gave you through the Lord Jesus.
- Titus 3:1 (v11) Remind them to be in subjection to rulers and to authorities, to be obedient, to be ready for every good work,
- 1 Peter 2:13-15 (v11) Therefore subject yourselves to every ordinance of man for the Lord’s sake: whether to the king, as supreme; or to governors, as sent by…
- 2 Peter 2:10 (v11) but chiefly those who walk after the flesh in the lust of defilement and despise authority. Daring, self-willed, they are not afraid to…
- Jude 1:8 (v11) Yet in the same way, these also in their dreaming defile the flesh, despise authority, and slander celestial beings.
- Numbers 15:30-31 (v13) “ ‘But the soul who does anything with a high hand, whether he is native-born or a foreigner, blasphemes Yahweh. That soul shall be cut off…
- Deuteronomy 19:10-11 (v8) This is so that innocent blood will not be shed in the middle of your land which Yahweh your God gives you for an inheritance, leaving…
- Malachi 2:8-9 (v11) But you have turned away from the path. You have caused many to stumble in the law. You have corrupted the covenant of Levi,” says Yahweh…
- Matthew 22:2-3 (v10) “The Kingdom of Heaven is like a certain king, who made a wedding feast for his son, and sent out his servants to call those who were…
60 distinct cross-references across this passage (63 total citations).
Cross-references from openbible.info (CC BY 4.0)
Explain this passage (19 sources)
Historical commentary, presented as a primary source — not an endorsement.
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Geneva Bible translators 1599 · Public Domain On vv9, 11, 12 Who shall give sentence as the Priests counsel him…
Who shall give sentence as the Priests counsel him by the Law of God.
Geneva Bible (1599) marginal notes — public domain.
John Trapp 1656 · Public Domain On v8 Deu 17:8 If there arise a matter too hard…
Deu 17:8 If there arise a matter too hard for thee in judgment, between blood and blood, between plea and plea, and between stroke and stroke, [being] matters of controversy within thy gates: then shalt thou arise, and get thee up into the place which the LORD thy God shall choose;
Ver. 10. According to all that they inform thee,] viz., Agreeable to the sentence of the law. {Deu 17:11} The Jews from this text foolishly seek footing for their traditions, which they so much magnify. {Mat 15:1-2}
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.
Matthew Poole 1685 · Public Domain On vv8–12 Too hard for thee; he speaks to the inferior…
Too hard for thee; he speaks to the inferior magistrates, who were erected in several cities, as appears by the opposition of these to them at Jerusalem. If, saith he, thou hast not skill or confidence to determine so weighty and difficult a cause.
Between blood and blood, i.e. in capital causes in matter of bloodshed, whether it be wilful or casual murder, whether punishable or pardonable by those laws, Exo 21:13,20,22,28; 22:2; Num 35:11,16,19; Deu 19:4,10.
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Between plea and plea; in civil causes or suits between plaintiffs and defendants about words or estates.
Between stroke and stroke, i.e. either first in ceremonial causes,
between plague and plague, between the true leprosy, which is ofttimes called the plague, and the seeming and counterfeit leprosy, which was oft-times hard to determine. And under this, as the most eminent of the kind, may seem to be contained all ceremonial uncleannesses. But this seems not probable,
1. Because the final determination of the matter of leprosy is manifestly left to any particular priest, Le 13 14.
2. Because the person suspected of leprosy was not to be brought to Jerusalem, to be tried there, but was to be shut up in his own city and house, Lev 13:4,5; and the judges at Jerusalem neither could nor would determine his case without once seeing the person.
3. Because the case of leprosy was not hard or difficult, as those causes are said to be, but plain and evident, and so particularly and punctually described, that the priest needed only eyes to decide it. Or rather,
2. In criminal causes, concerning blows or wounds inflicted by one man upon another, and to be requited to him by the sentence of the magistrate according to that law, Exo 21:23-25, wherein there might be many cases of great difficulty and doubt, about which see the annotations there.
Matters of controversy, i.e. such things or matters of blood and pleas and strokes being doubtful, and the magistrates divided in their opinions about it; for if it was a clear case, this was not to be done. Some make this an additional clause to comprehend these and all other things, thus as if he had said, and in general,
any words or matters of strifes or contentions.
1. Which the Lord shall choose, to wit, to set up his worship and tabernacle or temple there; because there was the abode, both of their sanhedrim, or chief council, which was constituted of priests and civil magistrates, who were most able to determine all controversies, and of the high priests, who were to consult God by Urim, Num 27:21, in great matters, which could not be decided otherwise.
Matthew Poole's English Annotations on the Holy Bible (1683–1685) — public domain. Text from a community e-Sword/MySword module.
Matthew Henry 1710 · Public Domain On v8 Courts of judgment were ordered to be erected in…
Courts of judgment were ordered to be erected in every city (Deu 16:18), and they were empowered to hear and determine causes according to law, both those which we call pleas of the crown and those between party and party; and we may suppose that ordinarily they ended the matters that were brought before them, and their sentence was definitive; but, 1. It is here taken for granted that sometimes a case might come into their court too difficult for those inferior judges to determine, who could not be thought to be so learned in the laws as those that presided in the higher courts; so that (to speak in the language of our law) they must find a special verdict, and take time to advise before the giving of judgment (Deu 17:8): If there arise a matter too hard for thee in judgment, which it would be no dishonour to the judges to own the difficulty of, - suppose it between blood and blood, the blood of a person which cried and the blood of him that was charged with the murder which was demanded, when it was doubtful upon the evidence whether it was wilful or casual, - or between plea and plea, the plea (that is, the bill or declaration) of the plaintiff and the plea of the defendant, - or between stroke and stroke, in actions of assault and battery; in these and similar cases, thought the evidence were plain, yet doubts might arise about the sense and meaning of the law and the application of it to the particular case. 2. These difficult cases, which hitherto had been brought to Moses, according to Jethro's advice, were, after his death, to be brought to the supreme power, wherever it was lodged, whether in a judge (when there was such an extraordinary person raised up and qualified for that great service, as Othniel, Deborah, Gideon, etc.) or in the high-priest (when he was by the eminency of his gifts called of God to preside in public affairs, as Eli), or, if no single person were marked by heaven for this honour, then in the priests and Levites (or in the priests, who were Levites of course), who not only attended the sanctuary, but met in council to receive appeals from the inferior courts, who might reasonably be supposed, not only to be best qualified by their learning and experience, but to have the best assistance of the divine Spirit for the deciding of doubts, Deu 17:9, Deu 17:11, Deu 17:12. They are not appointed to consult the urim and thummim, for it is supposed that these were to be consulted only in cases relating to the public, either the body of the people or the prince; but in ordinary cases the wisdom and integrity of those that sat at the stern must be relied on, their judgment had not the divine authority of an oracle, yet besides the moral certainty it had, as the judgment of knowing, prudent, and experienced men, it had the advantage of a divine promise, implied in those words (Deu 17:9), They shall show thee the sentence of judgment; it had also the support of a divine institution, by which they were made the supreme judicature of the nation. 3. The definitive sentence given by the judge, priest, or great council, must be obeyed by the parties concerned, upon pain of death: Thou shalt do according to their sentence (Deu 17:10); thou shalt observe to do it, thou shalt not decline from it (Deu 17:11), to the right hand nor to the left. Note, It is for the honour of God and the welfare of a people that the authority of the higher power be supported and the due order of government observed, that those be obeyed who are appointed to rule, and that every soul be subject to them in all those things that fall within their commission. Though the party thought himself injured by the sentence (as every man is apt to be partial in is own cause), yet he must needs be subject, must stand to the award, how unpleasing soever, and bear, or lose, or pay, according to it, not only for wrath, but also for conscience' sake. But if an inferior judge contradict the sentence of the higher court and will not execute the orders of it, or a private person refuse to conform to their sentence, the contumacy must be punished with death, though the matter were ever so small in which the opposition was made: That man shall die, and all the people shall hear and fear, Deu 17:12, Deu 17:13. See here, (1.) The evil of disobedience. Rebellion and stubbornness, from a spirit of contradiction and opposition of God, or those in authority under him, from a principle of contempt and self-willedness, are as witchcraft and idolatry. To differ in opinion from weakness and infirmity may be excused and must be borne with; but to do so presumptuously, in pride and wickedness (as the ancient translations explain it), this is to take up arms against the government, and is an affront to him by whom the powers that be are ordained. (2.) The design of punishment: that others may hear and fear, and not do the like. Some would be so considerate as to infer the heinousness of the offence from the grievousness of the penalty, and therefore would detest it; and others would so far consult their own safety as to cross their humours by conforming to the sentence rather than to sin against their own heads, and forfeit their lives by going contrary to it. From this law the apostle infers the greatness of the punishment of which those will be thought worthy that trample on the authority of the Son of God, Heb 10:28, Heb 10:29.
Matthew Henry's Commentary on the Whole Bible (1708–1710) — public domain (CC PDM 1.0). Text via the HelloAO Bible API.
John Gill 1763 · Public Domain On vv8–13 If there arise a matter too hard for thee…
If there arise a matter too hard for thee in judgment,.... This is spoken to inferior judges in cities in the country, who sometimes might have cases too wonderful and mysterious, as the word signifies, or secret and hidden, such as were out of their reach and beyond their capacity, and so be very difficult for them to determine what should be done:
between blood and blood; that is, whether a man is guilty of shedding innocent blood or not; when such a case is depending between a person charged with it and the relatives of the deceased, or between a man slayer and the avenger of blood, and the question is, whether he may have the benefit of a city of refuge or not, and there are some circumstances attending it which make it difficult how to determine:
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between plea and plea; of the plaintiff on one side and of the defendant on the other, and both have so much to say in their own cause, that it is hard to decide which is in the right and which is in the wrong, whether in capital or pecuniary cases; it chiefly if not solely respects civil things in controversy:
and between stroke and stroke; blow or wound which one man received from another, and for which he commences a suit of law upon it, Exo 21:18 or for assault and battery; and so Aben Ezra interprets it of blows and bruises; but the Jewish writers generally interpret it of the plague, or stroke of leprosy; so the Targums of Jonathan and Jerusalem; but the examination of such a case did not belong to the civil magistrate, but to a priest; nor was such a person had up to Jerusalem to be searched, but was shut up in a house until further evidence could be got; and, besides, the signs of the leprosy are so distinctly given, that at waiting a proper time, there was seldom or ever any difficulty about determining it:
being matter of controversy within thy gates; or what are matters of controversy about anything else; for the phrase is general, as Aben Ezra observes, and takes in everything in which anything difficult might occur; so Jarchi interprets it of things which the wise men of a city are divided about; one pronounces a person or thing unclean, another clean, one condemning and another justifying, and so far rightly; for this respects not controversies between men, that may be brought into courts of judicature, but controversies or divisions arising in these courts upon them, between the judges themselves, they not agreeing in their opinions:
then shalt thou arise and get thee up into the place which the Lord thy God shall choose; to Jerusalem, to the great sanhedrim or court of judicature, to which the inferior judges were to apply themselves, in matters of moment and difficulty, for instruction, information, and direction; it being supposed that in such a court such like cases may have been brought before them, and they were expert and understanding in them.
John Gill's Exposition of the Whole Bible (1746–1763) — public domain (CC PDM 1.0). Text via the HelloAO Bible API.
John Wesley 1765 · Public Domain On vv8–13 For thee - He speaks to the inferior magistrates,…
For thee - He speaks to the inferior magistrates, who were erected in several cities. If thou hast not skill to determine, between blood and blood - That is, in capital causes. Between plea and plea - In civil causes, about words or estates. Between stroke and stroke - In criminal causes, concerning blows, or wounds inflicted by one man upon another. Matters of controversy - That is, such things being doubtful, and the magistrates divided in their opinions about it. Chuse - Namely to set up his tabernacle, or temple there; because there was the abode, both of their sanhedrim, which was constituted of priests and civil magistrates, and of the high-priests, who were to consult God by Urim, in matters which could not be decided otherwise.
John Wesley, Explanatory Notes Upon the Whole Bible (1754–1765) — public domain. Text via the GEBible commentary corpus.
Adam Clarke 1810 · Public Domain On vv8, 12 Verse 8. If there arise a matter too hard…
Verse 8. If there arise a matter too hard for thee] These directions are given to the common magistrates, who might not be able to judge of or apply the law in all cases that might be brought before them. The priests and Levites, who were lawyers by birth and continual practice, were reasonably considered as the best qualified to decide on difficult points.
Adam Clarke's Commentary on the Bible (1810–1826) — public domain. Text from a community e-Sword/MySword module.
Joseph Benson 1811 · Public Domain On vv8, 9, 10, 13 Deu 17:8. If there arise a matter too hard…
Deu 17:8. If there arise a matter too hard for thee — These words are to be considered as addressed to the ordinary judges, or inferior magistrates, who were appointed in every city. Between blood and blood — That is, in capital causes, whether a man hath committed wilful or casual murder. Between plea and plea — In civil causes, about words or estates, when the question is, whose cause or plea is the better? Between stroke and stroke — In criminal causes; in the case of wounds or blows inflicted by one man upon another, of which see Exo 21:20. Being matters of controversy — That is, such things being doubtful, and the magistrates being divided in their opinions about them. Thou shalt get thee unto the place which the Lord shall choose — Namely, to set up his tabernacle or temple there; because there was the abode, both of their sanhedrim, which was constituted of priests and civil magistrates, and of the high-priests, who were to consult God, by Urim, in matters which could not be decided otherwise.
Joseph Benson's Commentary on the Old and New Testaments (1811–1818) — public domain. Text from a community e-Sword module.
Albert Barnes 1834 · Public Domain On v8 The cases in question are such as the inferior…
The cases in question are such as the inferior judges did not feel able to decide satisfactorily, and which accordingly they remitted to their superiors (compare Exo 18:23-27).
The Supreme court Deu 17:9 is referred to in very general terms as sitting at the sanctuary Deu 17:8. “The judge” would no doubt usually be a layman, and thus the court would contain both an ecclesiastical and a civil element. Jehoshaphat 2Ch 19:4-11 organized his judicial system very closely upon the lines here laid down.
Albert Barnes' Notes on the Bible (1834–1885) — public domain. Text from a community e-Sword/MySword module.
Haydock's Catholic Bible Commentary 1859 · Public Domain On vv8–13 If thou perceive, &c. Here we see what authority…
If thou perceive, &c. Here we see what authority God was pleased to give to the church-guides of the Old Testament, in deciding, without appeal, all controversies relating to the law; promising that they should not err therein; and punishing with death such as proudly refused to obey their decisions: and surely he has not done less for the church-guides of the New Testament. (Challoner) --- Hard. Hebrew also means, "doubtful, hidden, divided;" so that the opinions of the judges do not agree. In matters of fact, the thing is more easily investigated on the spot. But in these cases, where the law is ambiguous, as even the divine ordinances frequently are, being delivered in human language, (Grotius) a living judge is necessary. God remits the Jews in the council of the priests, at the head of whom was the sovereign pontiff, who was the natural and supreme judge of such difficulties, ver. 9, 12. (Haydock) --- And blood, to decide when murder must be punished with death, and when the right of an asylum may be claimed. (Calmet) --- The Vulgate renders the same words, 2 Paralipomenon xix. 10. --- Between kindred and kindred, as the different degrees cause many embarrassments, with regard to marriages, &c. (Tirinus) --- The Rabbins understand that the judge had to declare when a woman was rendered unclean, Leviticus xii. 4. (Lyranus) --- And cause, or law-suit; some thinking that a greater sum for reparation of an injury should be required, others judging that one of the contending parties should be set at liberty, while the other judges are of a contrary sentiment. Hebrew, "between judgment and judgment," when a doubt arises whether laymen or the Levites may be the proper judges. The Rabbins only remit three cases to the tribunal of the latter, respecting, 1. The red heifer; 2. the woman accused of adultery by her jealous husband; 3. the heifer to be offered in sacrifice, for a murder committed by a person unknown, chap. xxi. 5. --- And leprosy. Various difficulties might arise concerning this matter, of which the priests had to pass sentence, Leviticus xiii. Some render the Hebrew negah, "wound." The law of retaliation required a scrupulous nicety. Blood, cause, and leprosy, may denote lawsuits of a criminal, less important, and ceremonial nature. (Jansenius) --- Vary. Hebrew, "which are matters of contention within thy gates."
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).
Robert Jamieson, A. R. Fausset & David Brown 1871 · Public Domain On v8 THE PRIESTS AND JUDGES TO DETERMINE CONTROVERSIES. (Deu 17:8-13)
THE PRIESTS AND JUDGES TO DETERMINE CONTROVERSIES. (Deu 17:8-13)
If there arise a matter too hard for thee in judgment--In all civil or criminal cases, where there was any doubt or difficulty in giving a decision, the local magistrates were to submit them by reference to the tribunal of the Sanhedrim--the supreme council, which was composed partly of civil and partly of ecclesiastical persons. "The priests and Levites," should rather be "the priests--the Levites"; that is, the Levitical priests, including the high priest, who were members of the legislative assembly; and who, as forming one body, are called "the judge." Their sittings were held in the neighborhood of the sanctuary because in great emergencies the high priest had to consult God by Urim (Num 27:21). From their judgment there was no appeal; and if a person were so perverse and refractory as to refuse obedience to their sentences, his conduct, as inconsistent with the maintenance of order and good government, was then to be regarded and punished as a capital crime.
Jamieson, Fausset & Brown — Commentary Critical and Explanatory on the Whole Bible (1871) — public domain (CC PDM 1.0). Text via the HelloAO Bible API.
Daniel D. Whedon 1874 · Public Domain On vv8, 9, 12 8. If there arise a matter too hard for…
8. If there arise a matter too hard for thee — The meaning evidently is this: In cases where it is difficult to decide, as to a fatal blow or in disputes about civil matters, or in cases of bodily injury, the subject must be referred for adjudication to this high judicial court. The judges appointed at Sinai were to bring to Moses such cases as they found it impossible to decide.
So after the people became settled in the land there was to be a place for the final adjudication of difficult cases. This was not an appeal from the parties involved, but a referring of the matter by the local judges.
Daniel D. Whedon (gen. ed.), Commentary on the Old and New Testaments (1874–1909) — public domain. Text from a community e-Sword module.
The Cambridge Bible for Schools and Colleges 1878 · Public Domain On vv8–13 8. If there arise a matter too hard for…
8. If there arise a matter too hard for thee] Heb. if a matter be too wonderful (or extraordinary) for thee; cp. Deu_22:11. In Deu_1:17, and Exo_18:22; Exo_18:26 (E), hard translates other Heb. words.
between blood and blood] i.e. between accidental manslaughter and wilful murder, Deu_4:42, Deu_19:4 f., Deu_19:11 f.; E, Exo_21:12-14.
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between plea and plea] Probably questions of property, as in Exo_22:1 ff., etc.
between stroke and stroke] Questions of compensation for bodily injuries, such as are defined in E, Exo_21:18 ff.
matters of controversy within thy gates] Summary of the previous clauses—all local cases. See on Deu_12:12, Deu_16:18.
get thee up] Of resort to the Sanctuary, 1Sa_1:3, etc., Psa_122:4.
the place, etc.] See on Deu_12:5.
8–13. Of the Judges of Final Appeal
Local cases too hard for the local courts (see Deu_16:18-20, on which this passage immediately follows) are to be taken before the Priests, the Levites at the Sanctuary, and the Judge of the time (Deu_17:8 f.), whose decisions must be strictly obeyed (Deu_17:10 f.); the man who presumptuously refuses to obey shall die (Deu_17:12 f.).—Sg. address. The association of a lay judge with the priests is remarkable. Because of this and because he regards Deu_17:8 b and Deu_17:9 a as doublets and Deu_17:10 and Deu_17:11 as another pair of doublets, Steuern. analyses the passage into two originally distinct laws (with editorial additions), one constituting the Priests of the Altar a court of appeal, the other recognising the Judge (i.e. the King) as the final authority. But Deu_17:8 b and Deu_17:9 a are not doublets, and although Deu_17:10 and Deu_17:11 are redundant it is impossible to discriminate in them two distinct sources. More probably the passage is intended to sanction the double practice prevailing in Israel from the earliest times, and during the monarchy, of the discharge of justice by both the priestly and the civil heads of the people. How the authority was divided is nowhere stated except in 2Ch_19:8-11, which attributes to King Jehoshaphat (873–849) the institution of a double court consisting of Levites, priests, and heads of families. Over this the chief priest was set in all the matters of Jehovah, and a prince was set over it in all the King’s matters. But it is uncertain whether the passage merely reflects the procedure of justice in the Chronicler’s own day or is a genuine memory of that which prevailed under the monarchy. See the present writer’s Jerusalem, i. 379 n., 387 f.
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.
Ellicott's Commentary for English Readers 1878 · Public Domain On v8 Deu_17:8-20. THE SUPREMACY IN ISRAEL OF THE WRITTEN LAW…
Deu_17:8-20. THE SUPREMACY IN ISRAEL OF THE WRITTEN LAW OF GOD.
(8) If there arise a matter too hard for thee.—Literally, too wonderful.
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Between blood and blood, between plea and plea, and between stroke and stroke.—The “blood” and the “plea” seem to indicate criminal and civil cases. The word “stroke” is the common word for “plague” in the Pentateuch and elsewhere. It may possibly refer to cases of ceremonial purity or impurity, especially in reference to disease. There is an evident allusion to this law in the history of King Jehoshaphat (2Ch_19:8-10). There the words are “between blood and blood, between law and commandment, statutes and judgments.” The questions are (1) between two contending parties; (2) between the law as a general rule and its application to particular duties, institutions and requirements. Other passages in the same chapter recall Deu_16:18-20.
Matters of controversy within thy gates—i.e., in the local courts of their several cities. The “gate” was the place of judgment. In 2Ch_19:10, the phrase is more clearly expressed, thus, “what cause soever shall come unto you of your brethren that dwell in their cities.”
Into the place which the Lord thy God shall choose.—This implies what was afterwards ordered before Moses’ death, that the standard copy of the Law would be kept beside the Ark of the Covenant, in the sacred place (Deu_31:26).
(9) Thou shalt come unto the priests the Levites—i.e., “the priests that come of the tribe of Levi” (Rashi). Some modern critics say the writer of Deuteronomy knew no distinction between priests and Levites; but see above on Deu_11:6, and also the notes on Deu_31:9; Deu_31:25.
The priests, the Levites, and . . . the judge.—The order agrees exactly with the constitution which Moses left behind him at his death. This has been already indicated in Num_27:15-21. Joshua was to “stand before Eleazar.” Eleazar was to ask counsel from Jehovah, and at his word Joshua and all the people were to go in and out. The order, when the two are mentioned together in the Book of Joshua, is invariably “Eleazar the priest and Joshua the son of Nun,” not vice versâ. The priests are the custodians of the Law; the judge or chief magistrate is the executor of it. (Comp. Mal_2:7-8.) The principle is not altered by the substitution of a king for the judge, or by the addition of a prophet.
That shall be in those days.—Rashi and the New Testament are curiously agreed in the application of this part of the commandment. Our Lord, in Mat_23:2-3, says of the Scribes and Pharisees (the judges of His day) that they “sit in Moses’ seat: All therefore whatsoever they bid you observe, that observe and do.” Rashi says here, “Although he is not like the rest of the judges that were before him, thou must hearken to him. There is no judge for thee except the judge that is in thy days.”
(9-11) And they shall shew thee the sentence of judgment . . . According to the sentence of the law . . . thou shalt do.—This passage should be carefully noted. The function of the priest and judge was to show, inform, teach, and tell the applicant the sentence of the law, i.e., of the written law. The four English verbs have only three equivalents in Hebrew, viz., tell, teach and say. It is not sufficiently observed that this defines the relation between the Church and the Bible from the time the Law (which was the germ of the Bible) was delivered to the Church, and that the relation between the Church and the Bible is the same to this day. The only authority wherewith the Church (of Israel, or of Christ) can “bind” or “loose,” is the written Law of God. The binding (or forbidding) and loosing (or permitting) of the Rabbis—the authority which our Lord committed to His Church—was only the application of His written word. The Rabbis acknowledge this from one end of the Talmud to the other by the appeal to Scripture which is made in every page, sometimes in almost every line. The application is often strained or fanciful; but that does not alter the principle. The written word is the chain that binds. Nor does the varying relation between the executive and legislative authority alter the principle. Where the law of Jehovah is the law of the land, death may be the penalty of disobedience. Where it is only the law of the Christian community, exclusion may be the extreme penalty that is possible. But still the relation between the written word and the ministers of the Church is the same. The Church is the “witness and keeper of Holy Writ,” and can only shew from thence the sentence of judgment. The sentence is an application of the law, not a mere invention of the authorities themselves; and it would be easy to show from history how every misapplication of the Divine code brought with it surely, sooner or later, its own refutation, and the overthrow of the unfaithful government. The prophets not seldom took the place of tribunes of the people in cases of oppression. No one lifted up a more distinct protest from the law itself against the misapplication of the law than the Prophet like unto Moses, who formally acknowledged the authority of them that sat in Moses’ seat.[3]
[3] Manifestly, when copies of the Law were scarce, and when a good deal of it, like this Book of Deuteronomy, was general, and even prophetic, a board of authorised interpreters, or appliers, of the law to matters of detail was an absolute necessity. (See Introduction to Deuteronomy for more on this head.)
(12) And the man that will do presumptuously . . . shall die.—This word “presumptuously” occurs for the first time in this place. (See also Deu_18:22.) It is connected with “pride,” and denotes a proud self-assertion against the law. The penalty of death arises necessarily out of the theocracy. If God is the king of the nation, rebellion against His law is treason, and if it be proud and wilful rebellion, the penalty of death is only what we should expect to see inflicted. As soon as the law of Jehovah is in any way separated from the law of the land, this state of things may be altered. It is remarkable that in Ezra’s commission from Artaxerxes we find permission to identify the law of Jehovah with the law of the Persian empire to the full extent of this precept, “Whosoever will not do the law of thy God, and the law of the king, let judgment be executed speedily upon him, whether it be unto death, banishment, confiscation of goods, or imprisonment” (Ezr_7:25-26.) But such penalties, except in a theocratic government, are obviously out of place in matters connected with religion.
A Bible Commentary for English Readers, edited by Charles John Ellicott (1878–1897) — public domain. Text from a community e-Sword module.
The Pulpit Commentary 1880 · Public Domain On vv8–10 Vers. 8-13. So long as Moses was with the…
Vers. 8-13. So long as Moses was with the people, they had in him one to whom, in the last resort, eases might be brought for decision which were found too difficult for the ordinary judges. (Exo_18:19-26) But, as he was not to be always with them, it was needful to provide a supreme court, to which such cases might be carried when they could no longer be decided by him; and such a court is here appointed to be held at the sanctuary.
A matter too hard for thee; literally, too marvelous; something extraordinary, and which could not be decided by the ordinary rules of the judicature. Between blood and blood, between plea and plea, and between stroke and stroke; i.e. in cases where blood had been shed and death had ensued, either accidentally or from murderous intent (Exo_21:13, etc.; Num_35:9, etc.) in cases of disputed rights and claims; (cf. 2Ch_19:10) and in cases where corporeal injury had been suffered, whether in strife or from assault; (Exo_21:18, etc.) and, in general, wherever matters of controversy disputes as to what was lawful and right, might arise in their towns and villages. In all such cases recourse was to be had to the court at the sanctuary the priests the Levites," i.e. the priests who were of the tribe of Levi, and to the judge presiding there the lay judge associated with the high priest as president (see Oehler, in Herzog"s "Encyclop.," vol. 5. p. 58). It is not intended by this that an appeal was to lie from the lower court to the higher, or that the parties in a suit might carry it at once to the supreme judge; the meaning rather is that, when the ordinary judges found an ease too difficult for them to deal with, they were themselves to transmit it to the supreme court for decision.
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Vers. 8-13. Religion the guard of justice.
In the preceding chapter, vers. 18-20, judges and officers are specified as appointed by Goel to be the guardians of justice and right. The Hebrew is very emphatic in ver. 20, "Justice, justice, shalt thou follow," etc. Manifold complications, however, would be sure to arise as the nation advanced, and as the primitive simplicity of their first settlement passed into more fixed arrangements as to property, etc. In such difficult cases, it might not be easy, and perhaps it would not always be possible, for the judges and shoterim to determine what was just. The legislator is here bidden, therefore, to make provision in case such perplexities should arise. When the people should come to the land which the Lord their God gave them, there would be one place which the Lord would choose to put his Name there. There should "thrones of judgment" sit. The priests, who would have to offer sacrifices and to intercede for the people before God, would also be expected to be so versed in the Law of God, that they could appropriately he regarded as the highest court of appeal, by whose decision the highest sanctions of religion would be brought to declare and enforce "justice, justice." Their decision was held to be given them by light from on high. And when such decision was in accordance with the Divine will, the people were bound by it. To resist it was "a presumptuous sin;" and, withal, it was one of so deep a dye, that it was not safe for Israel that any man should continue among them, who spurned the highest decisions which could possibly be given. At the same time, there were sundry checks and counter-checks against the abuse of this law. The authority of this highest court was relative or conditional, not absolute. If priests became unfaithful, and their judgments unjust, then the sin of presumption was chargeable upon them (cf. Deu_18:20; see also Jeremiah"s, Ezekiel"s, and Malachi"s charges against such unfaithful expounders) Note, further, that as early as the time of the Judges, when the priests profaned their office, God set them aside, and wrought and taught by means of the prophet Samuel. So that the supreme court bound the people only so far as it was what it was designed to be, even God"s appointment for securing justice, by investing it with the sublime sanctions of religion.
But when it was that, and so far as it answered its end, its utterances were to the people as the voice of God.
Now, we all know that, as a formal institution, this court of appeal has long since passed away. But we greatly mistake if there are not couched here sundry momentous principles, of which no age, country, or race can afford to lose sight. These principles are
I THAT RELIGION IS THE TRUE GUARANTEE OF JUSTICE BETWEEN MAN AND MAN. That in the course of time the essence of religion may have so evaporated, and its place be so taken up by forms and ceremonies, that the connection between religion and justice may seem to be lost, must be admitted to be a possibility, but it does not alter the principle here enunciated. The guarantee of justice between man and man is found in a power of appeal on both sides to a law of immutable right mutually acknowledged. To such a law conscience, the regulative faculty, points with steady finger. Such law obeyed, she approves the obedience, and when disobeyed, she condemns the disobedience. Both the approval and the condemnation of the voice within are witnesses to the existence and government of a Great Judge of all, who, seated on the throne of universal empire, issues his mandates to the world! And in the appeal from human acts to the judgment of the Great Supreme, lies the safeguard of justice between man and man. In a word, religion is the sole adequate guarantee of morality. Both are comprehended under the one word, "righteousness." Religion is righteousness towards God; morality is righteousness towards man. If man ever comes to regard himself as the supreme existence, empowered to make right right, and wrong wrong, instead of regarding himself as subject to the everlasting laws of right, the best and dearest privileges of the human family will be in imminent peril, and at best can endure but for a while!
II RELIGIOUS SANCTIONS FIND THEIR EXPRESSION IN THE LAW OF GOD. See Ps 19, in which the Psalmist extols the pure and holy Law of Jehovah, as being the written expression of perfect right. In the Ten Commandments the various phases of the right in act or thought are set forth. And according to the ordinance alluded to in this paragraph, when a case arose which was too difficult to be solved by the lower authorities, it might be taken up to a higher court, that the will of the Lord might thereby be discovered by the most trustworthy exposition of the bearings of God"s Law on each particular case.
III GOD"S HOUSE IS TO BE THE SEAT AND CENTER WHERE RIGHTEOUSNESS IS ENTHRONED, EXPOUNDED, AND ENFORCED. If in Israel a poor man could not get justice elsewhere, he was to be sure of it in God"s house. It was a pious Hebrew"s delight to inquire in God"s temple. And we do not think adequately of the temple service if we merely regard it as consisting of sacrifice and mediation; the holy house was also a place where men could learn the mind and will of God in their bearing on the life of man both in general and in specific cases. And one of the delights of the Psalmist"s heart was this: "there are set thrones of judgment." And so now, in God"s house, not only are we bidden to "behold the Lamb of God," but "to live soberly, righteously, and godly in this present world.
IV GOD"S MINISTERS ARE TO BE THE EXPOUNDERS OF RIGHTEOUSNESS. There are no priests now, as of yore. But the Church of God has a ministry, and by this ministry the truth of God is to be "opened up" and "commended to every man"s conscience as in the sight of God.
V WHEN GOD"S HOLY AND RIGHTEOUS LAW IS EXPOUNDED TO THE PEOPLE, THEY ARE LOYALLY TO ACCEPT IT, SUBMIT TO IT, AND OBEY IT. And this, not because of him whose voice speaks, but because of him in whose behalf the preacher speaks. Men are to receive the truth, not as the word of man, but as the Word of God. (cf. 2Co_10:5)
VI REFUSAL TO OBEY THE WILL OF GOD, WHEN CLEARLY EXPOUNDED, IS A PRESUMPTUOUS SIN. (See passages where same Hebrew word is used which is here rendered "presumptuous," specially. (Psa_19:13) The epithet indicates the greatness of the sin. It is one which Jehovah specially hates, severely rebukes, and utterly condemns. He "resisteth the proud." He hides things from the wise and prudent. He scorneth the scorners. He taketh the wise in their own craftiness. First pride, then shame. "What shall the end be of them that obey not the gospel of God?
Vers. 8-13. The priest and the judge.
The priests, in association with a judge or judges, (Deu_19:17) constituted a supreme tribunal to which difficult causes were carried, and whose judgment was to be final. The priest had naturally a place in this supreme court:
1. As representing God in the theocracy.
2. As a member of the distinctively learned class of the nation.
1. As one whose special office it was to teach and interpret the Law of. (Lev_10:11; Deu_33:10; Eze_44:24; Mal_2:7) The differentiation of functions in society has long since taken learning in the law out of the hands of the clergy, but we may remark
2. THAT SPIRITUAL AND CIVIL FUNCTIONARIES MAY RENDER EACH OTHER IMPORTANT ASSISTANCE. The spheres of civil and spiritual jurisdiction are indeed distinct. Yet as the lawyer and judge, with their legal expertness, their knowledge of forms, and their experience in sifting evidence, are often of the greatest service in processes purely ecclesiastical, so, on the other hand, the best of them stand in need of that higher direction and enlightenment of the conscience from God"s Word, which it is the business of a body of spiritual teachers to supply. The ministers of religion have a function:
1. In upholding the Law of God as the supreme standard of right.
2. In furnishing general enlightenment to the conscience.
3. In reminding judges, the highest of them, of their duties and responsibilities before God as set "for the punishment of evildoers, and for the praise of them that do well". (1Pe_2:14)
II THAT LAWS BASED ON GOD"S WORD HAVE ATTACHING TO THEM A DIVINE AS WELL AS A HUMAN AUTHORITY. The duty of the priest was not to invent laws, but to interpret the existing Law of God. To it all cases of right had ultimately to be appealed. God"s Law, as exhibiting the unalterable principles of right, underlies human law and gives to it authority. Whatever may happen in courts on earth, no decision will stand in the court of heaven which that Law is found to condemn. Laws e.g. which invade rights of conscience, which (as in slave-holdingcountries) place the life of one man at the mercy of another, which are favorable to illicit relations of the sexes, which make light of divorce, which bear unequally on different classes of the community, which prop up abuses, etc., may be submitted to, but cannot be justified. Where, on the contrary, the law of a land is in essential harmony with the principles of righteousness, obedience to it becomes a duty of religion. He who sets it at naught strives with God not less than with man, is "as they which strive with the priest," and does "presumptuously". J.O. (cf. Hos_4:4)
Vers. 8-13. The ruling -power of the priests in the Jewish Church.
The government among the Israelites was first by an eldership elected on the representative principle. Thus in Gen_1:7 we find at the funeral of Jacob "all the elders of the land of Egypt." Again, when Moses came from Midian to emancipate his brethren, he was directed to consult "the elders of Israel," who were to go in with him before Pharaoh. (Exo_3:16, Exo_3:18) After the Exodus, the priests were appointed as the ministers of religion; and with these were associated the elders selected to the number of seventy from those already in office, and to whom God gave his Spirit. (Num_11:16, etc.) When the people settled in Canaan, they were directed to elect judges for judgment. This was the distribution and development of the eldership. And in case of any special difficulty, the aggrieved parties were to repair to the place of the central altar, and there lay the matter before the priests and the judge. It follows that the priests had co-ordinate ruling power with the elders or judges, that they were rulers and officiating ministers besides. And here we have to notice
I THESE CHURCH OFFICERS EXERCISED THEIR AUTHORITY UNDER GOD AS KING. The Church was a theocracy, and God was regarded as ever present with his officers and people. The same is true in the Church still. It is a theocracy; an ever-present Jesus still presides even where two or three are met together for the purposes of Church government. (Mat_18:20)
II THE PRIESTS AND THE JUDGE ARE TO SHOW THE PARTIES THE DIVINE LAW ON THE SUBJECT. The decision is to be expository of existing law, not a decision on the ground of expediency. Now this necessarily follows from the Kingship of God. His will must be paramount. His officers simply try to find out his will. A national parliament may manufacture laws; but Church officers take their laws from the inspired Statute-book. It is exposition of Divine Law that the ruler in God"s Church is really concerned with.
III THE CHURCH OFFICERS REQUIRED IMPLICIT OBEDIENCE FROM THE PEOPLE TO THEIR INTERPRETATION OF GOD"S WILL. In a rude age this was needful, implicit obedience such as we require from children. But when we reach the corresponding part of the New Testament economy, the exhortation is, Prove all things, hold fast that which is good". (1Th_5:21) The right of private judgment is admitted, and regulates the obedience. Just as when children grow to manhood, the implicit obedience demanded gives place to persuasion and the appeal to conscience.
IV PRESUMPTUOUS DISREGARD OF GOD"S WILL EXPRESSED BY THE PRIEST AND JUDGE WAS PUNISHED WITH DEATH. This was disobedience in its generic form, and came under the penalty of death, just as in Eden. The aggrieved parties had appealed for light to God"s officer; he was to be their Arbitrator, and they contracted to abide by his decision. Disobedience under such circumstances would overthrow the order both of Church and State. Hence the death penalty.
Presumptuous disregard of Divine commandments is not now less heinous than it was then, though it may escape for the time being such a terrible penalty. The judgment of God is only postponed. Should the presumption continue, the penalty will come at last with compound interest.
V THE PATIENT STUDY OF GOD"S WORD IS SURELY A DUTY WHEN PRESUMPTUOUS DISREGARD OF GOD"S WILL IS SO HEINOUS A SIN. It should be our supreme desire to know what God would have us to do. This can only be known through systematic and patient study of the holy oracles. The priest with the Urim and Thummim is not now available. We must content ourselves with a quieter way. The Book is given instead of the oracle, and we are directed to consult it for ourselves. Approaching it in a patient, obedient spirit, we shall find it unlocking many a mystery to us, and affording us the light we need. R.M.E.
Vers. 8-13. High court of appeal.
We can imagine a condition of human society in which wrong-doing would at once declare itself by some visible pain or sign. We can imagine a condition of society in which God would himself step forth and punish every offence against truth or virtue. But then, men would lose the benefits of moral training which the present system ensures. This necessity for men to take part in the administration of justice brings large advantage.
I HUMAN INTERESTS OFTEN BECOME VERY COMPLICATED. The interests men have in property, liberty, reputation, often become very involved. This arises largely from the operation of selfishness. Every item which will add to a man"s self-importance he will sue for by every process of law. This comes from the neglect of the comprehensive precept, "Thou shalt love thy neighbor as thyself." Another great difficulty in the administration of justice arises from men"s untruthfulness. The day will dawn when a stigma of shame will brand the man who withholds or violates the truth. If now, in every judicial inquiry, the whole truth, pure and simple, were forthcoming, decision and verdict would be a simple result.
II THE MOST HOLY WILL BE, CAETERIS PARIBUS, THE MOST SAGACIOUS. The man who lives nearest to God will obtain the most of God"s wisdom. He will be free from base and selfish motive. He will be the most trusted by his fellows. He will have fullest access to God when intricate questions have to be solved. If any man lack wisdom, let him ask of God." "Unto the upright there ariseth light in the darkness." But pretended piety will serve no practical good.
III EVERY JUDGE AMONG MEN ACTS SPECIALLY IN THE STEAD OF GOD. To be the administrator of justice, to adjudicate between right and wrong, is the highest office which men can fill. No position is more responsible; none more honorable. For all practical purposes, his decision must be regarded as the decision of God. Otherwise, there will be no termination to litigation and strife. From the verdict of the highest human judge, there is but one court of appeal, viz. the court of heaven. Without doubt, many judicial decisions on earth will be reversed by the Great Judge of all. This is sweet solace to the injured now. Yet it is nobler to suffer wrong at the hands of men than to resist by violence. For the present, we are to accept the sentence of the judge as absolute and obligatory. Our feet must diverge neither to the right hand nor to the left.
IV CONTUMACY IS CRIME, PUNISHABLE BY DEATH. To despise the verdict of the judge is to weaken the authority of the State is to sow the seeds of anarchy and ruin. Defective administration of law is better than none. Rebellion is as the sin of witchcraft, and stubbornness is as idolatry." Yet, if contempt of human authority be accounted a capital crime, how much more criminal must be contumacy against God!
V CAPITAL PUNISHMENT HAS FOR ITS END THE GOOD OF THE COMMUNITY. It is an advantage to remove from the circle of human society a pest a firebrand. The authority of law, the sacredness of justice, are set on high in flaming characters, and on all classes of the community the impression is salutary. Reverence for constituted authority is strengthened, and unbiased minds learn the heinous wickedness of disobedience. The effect is virtue, order, peace. D.
The Pulpit Commentary (1880–1919), ed. H.D.M. Spence-Jones & Joseph S. Exell — public domain. Text from a community e-Sword module.
The Biblical Illustrator 1887 · Public Domain On v9 Thou shalt not learn to do after the abominations…
Deu_17:9-14
Thou shalt not learn to do after the abominations of those nations.
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Heathen abominations avoided
One reason to shun the practices of idolatry springs from the nature of the evils themselves.
1. They are cruel. Children pass through the fire. Cruelty is one of the highest scandals to piety, says Seeker. The dark places of the earth are full of the habitations of cruelty--homesteads of violence (Psa_74:20).
2. They are enticing. Divination, enchanter, and witch have their spells. Idolatry, a shameful creed of craft and cruelty, delights in what fills the sensuous imagination. Who hath bewitched (fascinated) you, that ye should not obey the truths. (Gal_3:1.)
3. They are defiling abominations. Paintings and sculptures, laws and legends, reveal the awful corruptions of the heathen world.
4. They are destructive. Because of these abominations the Lord doth drive them out. Sin drives away from God here and from heaven hereafter. The fruit of idolatry and superstitions is death (Lev_20:23). (J. Wolfendale.)
That useth divination.
Magical arts and divination
1. Different names are here assigned to persons dealing in the arts of magic. One that useth divination; professing to gain power and knowledge more than human. One that practiseth augury or covert arts. An enchanter: the original suggesting the serpent, and implying the practice of charming serpent, yet always connected with the arts of divination. A sorcerer: the Hebrew word signifying one who mutters incantations, but only in the bad sense of seeking help from others than God. A charmer: a word which suggests binding as with the spell of enchantment. A consulter with a familiar spirit: the English phrase signifies spirits who stand in such a relation to the performer that they come at his call. Of course it is pretended that these spirits are other and greater than human. The original Hebrew (Ob) comes down to us in the African Obe-man, who still follows the same profession, by means of similar arts. A wizard is one who claims superhuman wisdom, the old English accurately translating the Hebrew; the distinctively wise one. The word is restricted in usage to superior wisdom gained by the arts of magic. A necromancer: precisely the spiritist of modern times, or rather of all time, who claims to have communion with the spirits of dead men.
2. This analysis of the original words may aid toward some just conception of the associated ideas which cluster round the magic arts of the Hebrew age. Their name and their arts are legion. Think of so many classes--professions--of men and women naturally shrewd, sharp, cunning; practising upon the superstitions and fears of the million; working upon their imagination, haunting them with the dread of unknown powers, bringing up to them ghosts from the invisible world, claiming to give auguries of the future, playing in every way upon their fears and hopes, to extort their money or to make sport of their fears or to gratify their own or others malice. A system so near akin in spirit and influence to idolatry, which so thoroughly displaces God from the hopes and fears of men, and which seeks so successfully to install these horrible superstitions in His place--a system, which perverts the powers of the world to come to subserve ungodliness, and which practically rules out the blessed God from the sphere of mens homage, fears, and hopes--this system has always been worked by wicked and never by good men, has always subserved all, iniquity, but piety and morality never--this has been a master-stroke of Satans policy, and one of the most palpable fields of his triumph through all the ages. (H. Cowles, D. D.)
The Lord thy God hath not suffered thee so to do.--
The deterring power of Divine grace
It is recognised as a principle amongst legislators and magistrates, that the great end of punishment is the prevention of crime. And there is no doubt that, up to a certain point, this object is gained. The public execution will strike terror into many, though numbers, again, more hardened in wickedness, will depart from the spectacle, and perhaps commit the very crime for which they have just seen a fellow creature die. It is not, however, that they actually set at nought the punishment; it is rather that there are always so many chances of escape, the men transgress in the hope that they shall elude detection, The fearfulness of a threatening, even though combined with the certainty of execution, will not always, nor even commonly, deter men from violating the commandments of God. There is no need for having recourse to imagination for the destruction of a people on account of their wickedness, and their inheritance passing into the possession of others. This is only what actually occurred in the instance of the land of Canaan, whose inhabitants were exterminated because of their crimes, and it was then handed over to a new population. There was here what might strictly be called a public execution. There was no giving a secret commission to the angel of death to move through the doomed ranks, and lay them low; which might perhaps have left it doubtful whether or not there had been any judicial interference; but the Israelites were put visibly into the place of public executioners, being charged with the terrible commission--Thou shalt smite them, and utterly destroy them; thou shalt make no covenant with them, nor show mercy unto them. They were sent expressly to punish a guilty and condemned population. And the first memorable thing, if you examine the Scriptural record, is that God Himself placed no dependence on the influence and effect of the public execution; for His Word is full of warning to the Israelites, that they would fall under the like condemnation if they imitated the practices of those whom they destroyed. So far from its being reckoned on as an insupposable or even an improbable thing, that they who had been commissioned to slay multitudes on account of their sin would themselves practise the sin so fearfully and openly visited, there is the frequent repetition of energetic denunciations of that sin; and Moses is directed to urge the Israelites, with all earnestness and affection, to take heed that they provoke not the Lord by following the example of their predecessors in the land. You must be further aware, that so far from having been unnecessary, the warning actually failed in deterring the Israelites from the accursed practices; so that it was not against improbable danger that Moses directed his parting admonitions. For when the Israelites had destroyed the Canaanites, and taken possession of their land, they quickly gave in to the very abominations which had been visited with all the fearfulness of a public execution. You read of them in the earliest period of their settlement--They forsook the Lord, and served Baal and Ashtaroth. And their whole history, up to the time when God was provoked to let loose against them the power of the Assyrian, is a record of rebellion under those special and flagrant forms which had marked the guilty career of the tribes which had perished by their sword. Where, then, was the supposed influence of a public execution? What ground is there for the imagination, that even were the Almighty visibly to interfere, and in His character of moral Governor of the universe to anticipate in certain cases those judgments which shall hereafter be poured out on the impenitent, there would be wrought any permanent effect on the great mass of men?--as though the thing wanted in order to repress the actings of unrighteousness were only a more open and express demonstration that punishment is to follow upon sin. And now you may be disposed to ask with what view we have endeavoured to show, that even what might be called a public execution, the present visible descent of the vengeance of God on the perpetrators of certain sins, would probably be ineffectual in deterring others from the practice of those sins--ineffectual even in regard of such persons as had the best means of knowing that the infliction was the direct and judicial consequence of the crime. We have but one object; not that of merely presenting a severe and repulsive picture of the depravity of our nature, but that of shutting you up to the conviction of the necessity, the indispensableness of the Divine grace, in order to your being withheld from the commission of sin. We would withdraw you, if we could, from all reliance on anything but the immediate workings of the Spirit of God, when the matter in question is the being able to resist this or that temptation, or to keep oneself undefiled by this or that wickedness. We would teach you, however harsh the teaching may sound, that there is no wickedness of which you are not capable, and that if you think yourselves secure against a sin just because the sin may be held in abhorrence, or because you may be thoroughly aware of Gods purpose of visiting it with extraordinary vengeance, you display a confidence in your own resolution and strength which, as savouring of pride, can only be expected to issue in defeat. This is virtually the doctrine of our text. For you will perceive that God ascribes it wholly to Himself that the Israelites were preserved from the abominations of the heathen. These nations hearkened unto observers of times, and unto diviners; but as for thee, the Lord thy God hath not suffered thee so to do. They would have been just as bad had they been left to themselves; but God had not suffered them to fall into such flagrant transgression. He had so acted upon them by His grace as to preserve them from sins, of which they had the seeds in their hearts, just as much as others, in whom those seeds were allowed to bring forth their fruits. And though the text speaks only of the past, making mention of preventing grace as having hitherto wrought upon the Israelites, it is clearly implied in the fact of a remonstrance against any future imitation of the heathen, that there would be no security for them except in their being still withheld by the influences of Gods Spirit. (H. Melvill, B. D.)
The Biblical Illustrator, edited by Joseph S. Exell (c. 1880s–1900s) — public domain. Text from a community e-Sword module.
Paul E. Kretzmann 1924 · Public Domain On v8 Difficult Questions to be Decided by the Priest
Difficult Questions to be Decided by the Priest
v. 8. If there arise a matter too hard for thee in judgment, one beyond the ability of the ordinary judge or officer to decide, between blood and blood, between plea and plea, and between stroke and stroke, where the legal enactments concerning a bodily injury, Exo 21:12 ff. concerning civil cases, and concerning quarrels are not clear enough for the officers before whom the matter is brought, being matters of controversy within thy gates, then shalt thou arise, namely, the men in authority in the individual cities or towns, and get thee up into the place which the Lord, thy God, shall choose, for there would always be priests on duty at the central Sanctuary;
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v. 9. and thou shalt come unto the priests, the Levites, the children of Levi, and unto the judge that shall be in those days, a sort of chief justice by the side of the high priest, and enquire; and they shall show thee the sentence of judgment, interpret the law which would find its application in that case, if necessary, after consulting the Lord directly, 1Sa 28:6;
v. 10. and thou shalt do according to the sentence which they of that place which the Lord shall choose shall show thee; and thou shalt observe to do according to all that they inform thee, the priests here corning into consideration as teachers of the Law;
v. 11. according to the sentence of the Law which they shall teach thee, and according to the judgment which they shall tell thee, thou shalt do, conform exactly to the decision of the supreme court; thou shalt not decline from the sentence which they shall show thee, to the right hand nor to the left, since the decision would rest upon the Law of Jehovah, with which the priests were to have a perfect acquaintance.
v. 12. And the man that will do presumptuously, act with haughty insolence, and will not hearken unto the priest that standeth to minister there before the Lord, thy God, acting as mediator between Jehovah and His worshipers whenever a sacrifice was made, or unto the judge, even that man shall die, for the rebellious behavior was in reality an offense against God, in whose name judgment had been given; and thou shalt put away the evil from Israel.
v. 13. And all the people shall hear, and fear, and do no more presumptuously, be deterred from choosing a similar insolent course. Christian pastors should remember that it is their duty to teach their congregation the Word of God, to make Holy Writ both the norm of doctrine and the rule of life.
Paul E. Kretzmann, Popular Commentary of the Bible (1921–1924) — public domain. Text from a community e-Sword module.
unfoldingWord translationNotes 2017 · CC BY-SA 4.0 On vv8, 10, 12 General Information:
General Information:
Moses continues speaking to the people of Israel.
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If a matter arises
"If there is a matter" or "If there is a situation"
one person's right and another person's right
A "right" is a person's legal authority to do something or to possess something.
within your city gates
Here "city gates" represents cities or towns. AT: "within your towns" (See: Synecdoche)
you will seek their advice
The abstract noun "advice" can be stated as a verb. AT: "you will ask them to advise you" (See: Abstract Nouns)
they will give you the verdict
The abstract noun "verdict" can be stated as a verb. AT: "they will decide on the matter" (See: Abstract Nouns)
translationWords
judge
gate
sanctuary
priest
Levi
judge, judges
servant
unfoldingWord translationNotes — © Distant Shores Media and the Door43 World Missions Community, licensed CC BY-SA 4.0. Source: git.door43.org/Door43/en_tn.
Tyndale Open Study Notes 2022 · CC BY-SA 4.0 On vv8, 9, 11, 12 17:8 whether someone is guilty of murder or only…
17:8 whether someone is guilty of murder or only of manslaughter: In Old Testament law, as in modern jurisprudence, murder was intentional, manslaughter was accidental (cp. 19:1-13).
Tyndale Open Study Notes — © Tyndale Open Resources, licensed CC BY-SA 4.0. Text via the HelloAO Bible API.