8 If you are not able to give a decision as to who is responsible for a death, or who is right in a cause, or who gave the first blow in a fight, and there is a division of opinion about it in your town: then go to the place marked out by the Lord your God;
To which the tribes went up, even the tribes of the Lord, for a witness to Israel, to give praise to the name of the Lord. For there seats for the judges were placed, even the rulers' seats of the line of David.
Then in Jerusalem he gave authority to certain of the Levites and the priests and the heads of families of Israel to give decisions for the Lord, and in the causes of those living in Jerusalem. And he gave them their orders, saying, You are to do your work in the fear of the Lord, in good faith and with a true heart. And if any cause comes before you from your brothers living in their towns, where the death punishment is in question, or where there are questions of law or order, or rules or decisions, make them take care that they are not in the wrong before the Lord, so that wrath may not come on you and on your brothers; do this and you yourselves will not be in the wrong.
Then two loose women of the town came and took their places before the king; And one of them said, O my lord, I and this woman are living in the same house; and I gave birth to a child by her side in the house. And three days after the birth of my child, this woman had a child: we were together, no other-person was with us in the house but we two only. In the night, this woman, sleeping on her child, was the cause of its death. And she got up in the middle of the night and took my son from my side while your servant was sleeping; and she took it in her arms and put her dead child in my arms. And when I got up to give my child the breast, I saw that it was dead; but in the morning, looking at it with care, I saw that it was not my son. And the other woman said, No; but the living child is my son and the dead one yours. But the first said, No; the dead child is your son and the living one mine. So they kept on talking before the king. Then the king said, One says, The living child is my son, and yours is the dead: and the other says, Not so; but your son is the dead one and mine is the living. Then he said, Get me a sword. So they went and put a sword before the king. And the king said, Let the living child be cut in two and one half given to one woman and one to the other. Then the mother of the living child came forward, for her heart went out to her son, and she said, O my lord, give her the child; do not on any account put it to death. But the other woman said, It will not be mine or yours; let it be cut in two. Then the king made answer and said, Give her the child, and do not put it to death; she is the mother of it. And news of this decision which the king had made went through all Israel; and they had fear of the king, for they saw that the wisdom of God was in him to give decisions.
So that in all your land, which the Lord your God is giving you for your heritage, no man may be wrongly put to death, for which you will be responsible. But if any man has hate for his neighbour, and waiting for him secretly makes an attack on him and gives him a blow causing his death, and then goes in flight to one of these towns;
He whose right it is to give punishment for blood, may himself put to death the taker of life when he comes face to face with him. If in his hate he put a sword through him, or waiting secretly for him sent a spear or stone at him, causing his death; Or in hate gave him blows with his hand, causing death; he who gave the death-blow is to be put to death; he is a taker of life: he whose right it is to give punishment for blood may put to death the taker of life when he comes face to face with him. But if a man has given a wound to another suddenly and not in hate, or without design has sent something against him, Or has given him a blow with a stone, without seeing him, so causing his death, though he had nothing against him and no desire to do him evil: Then let the meeting of the people be judge between the man responsible for the death and him who has the right of punishment for blood, acting by these rules: And let the people keep the man responsible for the death safe from the hands of him who has the right of punishment for blood, and send him back to his safe town where he had gone in flight: there let him be till the death of the high priest who was marked with the holy oil. But if ever he goes outside the walls of the safe town where he had gone in flight, And the giver of punishment, meeting him outside the walls of the town, puts him to death, he will not be responsible for his blood: Because he had been ordered to keep inside the safe town till the death of the high priest: but after the death of the high priest the taker of life may come back to the place of his heritage. These rules are to be your guide in judging through all your generations wherever you may be living. Anyone causing the death of another is himself to be put to death on the word of witnesses: but the word of one witness is not enough. Further, no price may be given for the life of one who has taken life and whose right reward is death: he is certainly to be put to death. And no price may be offered for one who has gone in flight to a safe town, for the purpose of letting him come back to his place before the death of the high priest. So do not make the land where you are living unholy: for blood makes the land unholy: and there is no way of making the land free from the blood which has come on it, but only by the death of him who was the cause of it. Do not make unclean the land where you are living and in which is my House: for I the Lord am present among the children of Israel.
He who gives a man a death-blow is himself to be put to death. But if he had no evil purpose against him, and God gave him into his hand, I will give you a place to which he may go in flight. But if a man makes an attack on his neighbour on purpose, to put him to death by deceit, you are to take him from my altar and put him to death.
Worthy.Bible » Commentaries » Matthew Henry Commentary » Commentary on Deuteronomy 17
Commentary on Deuteronomy 17 Matthew Henry Commentary
Chapter 17
The charge of this chapter is,
Deu 17:1-7
Here is,
Deu 17:8-13
Courts of judgment were ordered to be erected in every city (ch. 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,
Deu 17:14-20
After the laws which concerned subjects fitly followed the laws which concern kings; for those that rule others must themselves remember that they are under command. Here are laws given,