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 unto the place which Jehovah thy God shall choose;
Whither the tribes go up, even the tribes of Jehovah, `For' an ordinance for Israel, To give thanks unto the name of Jehovah. For there are set thrones for judgment, The thrones of the house of David.
Moreover in Jerusalem did Jehoshaphat set of the Levites and the priests, and of the heads of the fathers' `houses' of Israel, for the judgment of Jehovah, and for controversies. And they returned to Jerusalem. And he charged them, saying, Thus shall ye do in the fear of Jehovah, faithfully, and with a perfect heart. And whensoever any controversy shall come to you from your brethren that dwell in their cities, between blood and blood, between law and commandment, statutes and ordinances, ye shall warn them, that they be not guilty towards Jehovah, and so wrath come upon you and upon your brethren: this do, and ye shall not be guilty.
Then there came two women that were harlots, unto the king, and stood before him. And the one woman said, Oh, my lord, I and this woman dwell in one house; and I was delivered of a child with her in the house. And it came to pass the third day after I was delivered, that this woman was delivered also; and we were together; there was no stranger with us in the house, save we two in the house. And this woman's child died in the night, because she lay upon it. And she arose at midnight, and took my son from beside me, while thy handmaid slept, and laid it in her bosom, and laid her dead child in my bosom. And when I rose in the morning to give my child suck, behold, it was dead; but when I had looked at it in the morning, behold, it was not my son, whom I did bear. And the other woman said, Nay; but the living is my son, and the dead is thy son. And this said, No; but the dead is thy son, and the living is my son. Thus they spake before the king. Then said the king, The one saith, This is my son that liveth, and thy son is the dead: and the other saith, Nay; but thy son is the dead, and my son is the living. And the king said, Fetch me a sword. And they brought a sword before the king. And the king said, Divide the living child in two, and give half to the one, and half to the other. Then spake the woman whose the living child was unto the king, for her heart yearned over her son, and she said, Oh, my lord, give her the living child, and in no wise slay it. But the other said, It shall be neither mine nor thine; divide it. Then the king answered and said, Give her the living child, and in no wise slay it: she is the mother thereof. And all Israel heard of the judgment which the king had judged; and they feared the king: for they saw that the wisdom of God was in him, to do justice.
that innocent blood be not shed in the midst of thy land, which Jehovah thy God giveth thee for an inheritance, and so blood be upon thee. But if any man hate his neighbor, and lie in wait for him, and rise up against him, and smite him mortally so that he dieth, and he flee into one of these cities;
The avenger of blood shall himself put the murderer to death: when he meeteth him, he shall put him to death. And if he thrust him of hatred, or hurled at him, lying in wait, so that he died, or in enmity smote him with his hand, so that he died; he that smote him shall surely be put to death; he is a murderer: the avenger of blood shall put the murderer to death, when he meeteth him. But if he thrust him suddenly without enmity, or hurled upon him anything without lying in wait, or with any stone, whereby a man may die, seeing him not, and cast it upon him, so that he died, and he was not his enemy, neither sought his harm; then the congregation shall judge between the smiter and the avenger of blood according to these ordinances; and the congregation shall deliver the manslayer out of the hand of the avenger of blood, and the congregation shall restore him to his city of refuge, whither he was fled: and he shall dwell therein until the death of the high priest, who was anointed with the holy oil. But if the manslayer shall at any time go beyond the border of his city of refuge, whither he fleeth, and the avenger of blood find him without the border of his city of refuge, and the avenger of blood slay the manslayer; he shall not be guilty of blood, because he should have remained in his city of refuge until the death of the high priest: but after the death of the high priest the manslayer shall return into the land of his possession. And these things shall be for a statute `and' ordinance unto you throughout your generations in all your dwellings. Whoso killeth any person, the murderer shall be slain at the mouth of witnesses: but one witness shall not testify against any person that he die. Moreover ye shall take no ransom for the life of a murderer, that is guilty of death; but he shall surely be put to death. And ye shall take no ransom for him that is fled to his city of refuge, that he may come again to dwell in the land, until the death of the priest. So ye shall not pollute the land wherein ye are: for blood, it polluteth the land; and no expiation can be made for the land for the blood that is shed therein, but by the blood of him that shed it. And thou shalt not defile the land which ye inhabit, in the midst of which I dwell: for I, Jehovah, dwell in the midst of the children of Israel.
He that smiteth a man, so that he dieth, shall surely be put to death. And if a man lie not in wait, but God deliver `him' into his hand; then I will appoint thee a place whither he shall flee. And if a man come presumptuously upon his neighbor, to slay him with guile; thou shalt take him from mine altar, that he may die.
Worthy.Bible » Commentaries » Commentary Critical and Explanatory on the Whole Bible » Commentary on Deuteronomy 17
Commentary on Deuteronomy 17 Commentary Critical and Explanatory on the Whole Bible
CHAPTER 17
De 17:1. Things Sacrificed Must Be Sound.
1. Thou shalt not sacrifice … any bullock, or sheep, wherein is blemish—Under the name of bullock were comprehended bulls, cows, and calves; under that of sheep, rams, lambs, kids, he- and she-goats. An ox, from mutilation, was inadmissible. The qualifications required in animals destined for sacrifice are described (Ex 12:5; Le 1:3).
De 17:2-7. Idolaters Must Be Slain.
2-7. If there be found among you … man or woman, that hath wrought wickedness—The grand object contemplated in choosing Israel was to preserve the knowledge and worship of the one true God; and hence idolatry of any kind, whether of the heavenly bodies or in some grosser form, is called "a transgression of His covenant." No rank or sex could palliate this crime. Every reported case, even a flying rumor of the perpetration of so heinous an offense, was to be judicially examined; and if proved by the testimony of competent witnesses, the offender was to be taken without the gates and stoned to death, the witnesses casting the first stone at him. The object of this special arrangement was partly to deter the witnesses from making a rash accusation by the prominent part they had to act as executioners, and partly to give a public assurance that the crime had met its due punishment.
De 17:8-13. The Priests and Judges to Determine Controversies.
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 (Nu 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.
De 17:14-20. The Election and Duty of a King.
14. When thou … shalt say, I will set a king over me—In the following passage Moses prophetically announces a revolution which should occur at a later period in the national history of Israel. No sanction or recommendation was indicated; on the contrary, when the popular clamor had effected that constitutional change on the theocracy by the appointment of a king, the divine disapproval was expressed in the most unequivocal terms (1Sa 8:7). Permission at length was granted, God reserving to Himself the nomination of the family and the person who should be elevated to the regal dignity (1Sa 9:15; 10:24; 16:12; 1Ch 28:4). In short, Moses foreseeing that his ignorant and fickle countrymen, insensible to their advantages as a peculiar people, would soon wish to change their constitution and be like other nations, provides to a certain extent for such an emergency and lays down the principles on which a king in Israel must act. He was to possess certain indispensable requisites. He was to be an Israelite, of the same race and religion, to preserve the purity of the established worship, as well as be a type of Christ, a spiritual king, one of their brethren.
15. thou mayest not set a stranger over thee, which is not thy brother—that is, by their free and voluntary choice. But God, in the retributions of His providence, did allow foreign princes to usurp the dominion (Jer 38:17; Mt 22:17).
16. he shall not multiply horses to himself—The use of these animals was not absolutely prohibited, nor is there any reason to conclude that they might not be employed as part of the state equipage. But the multiplication of horses would inevitably lead to many evils, to increased intercourse with foreign nations, especially with Egypt, to the importation of an animal to which the character of the country was not suited, to the establishment of an Oriental military despotism, to proud and pompous parade in peace, to a dependence upon Egypt in time of war, and a consequent withdrawal of trust and confidence in God. (2Sa 8:4; 1Ki 10:26; 2Ch 1:16; 9:28; Isa 31:3).
17. Neither shall he multiply wives to himself, that his heart turn not away—There were the strongest reasons for recording an express prohibition on this point, founded on the practice of neighboring countries in which polygamy prevailed, and whose kings had numerous harems; besides, the monarch of Israel was to be absolutely independent of the people and had nothing but the divine law to restrain his passions. The mischievous effects resulting from the breach of this condition were exemplified in the history of Solomon and other princes, who, by trampling on the restrictive law, corrupted themselves as well as the nation.
neither shall he greatly multiply … silver and gold—that is, the kings were forbidden to accumulate money for private purposes.
18-20. he shall write him a copy of this law in a book—The original scroll of the ancient Scriptures was deposited in the sanctuary under the strict custody of the priests (see on De 31:26; 2Ki 22:8). Each monarch, on his accession, was to be furnished with a true and faithful copy, which he was to keep constantly beside him, and daily peruse it, that his character and sentiments being cast into its sanctifying mould, he might discharge his royal functions in the spirit of faith and piety, of humility and a love or righteousness.
20. that he may prolong his days in his kingdom, he and his children—From this it appears that the crown in Israel was to be hereditary, unless forfeited by personal crime.