8 If there arise a matter too hard for thee in judgment, between blood and blood, between cause and cause, and between stroke and stroke, matters of controversy within thy gates, then shalt thou arise, and go up to the place which Jehovah thy God will choose.
Whither the tribes go up, the tribes of Jah, a testimony to Israel, to give thanks unto the name of Jehovah. For there are set thrones for judgment, the thrones of the house of David.
-- And moreover in Jerusalem did Jehoshaphat set some of the Levites and priests, and of the chief fathers of Israel, for the judgment of Jehovah and for causes. -- 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 what cause soever comes to you of your brethren that dwell in their cities, between blood and blood, between law and commandment, statutes and ordinances, ye shall even warn them that they trespass not against Jehovah, and so wrath come upon you and upon your brethren: this do and ye shall not trespass.
Then came two women, harlots, to the king, and stood before him. And the first woman said, Ah, my lord! I and this woman abode 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; no stranger was with us in the house, only we two were in the house. And this woman's child died in the night; because she had lain 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 son in my bosom. And when I rose in the morning to give my child suck, behold, it was dead; and I considered it in the morning, and behold, it was not my son, whom I bore. And the other woman said, No, for the living is my son, and the dead is thy son. And this one said, No, but the dead is thy son, and the living is my son. Thus they spoke before the king. Then said the king, The one says, This that is living is my son, and thy son is the dead; and the other says, No, for thy son is the dead, and my son is the living. And the king said, Bring 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 spoke the woman whose was the living child to the king, for her bowels yearned over her son, and she said, Ah, my lord! give her the living child, and in no wise put it to death. But the other said, Let it be neither mine nor thine; divide it. And the king answered and said, Give this one the living child, and in no wise put it to death: she is its mother. 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 blood come not upon thee. But if a man hate his neighbour, and lie in wait for him, and rise up against him, and smite him mortally that he die, and he flee into one of these cities,
the avenger of blood, he shall put the murderer to death; when he meeteth him, he shall put him to death. And if he thrust at him out of hatred, or hurl at him intentionally, so that he die, or from enmity smite him with his hand, so that he die, he that smote him shall certainly 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 have thrust at him suddenly without enmity, or have cast upon him anything unintentionally, or [have smitten him] with any stone wherewith one may die, without seeing him, and have cast it upon him so that he die, and he was not his enemy, neither sought his harm: then the assembly shall judge between the smiter and the avenger of blood according to these judgments; and the assembly shall rescue the manslayer out of the hand of the avenger of blood, and the assembly shall restore him to the city of his refuge, whither he had fled; and he shall abide in it until the death of the high-priest, who was anointed with the holy oil. But if the manslayer shall in any way come outside the limits of the city of his refuge whither he hath fled, and the avenger of blood find him outside the limits of his city of refuge, and the avenger of blood kill the manslayer, there shall be no blood-guiltiness upon him; for the manslayer should have remained in the city of his refuge until the death of the high-priest; but after the death of the high-priest he may return into the land of his possession. And this shall be unto you a statute of right throughout your generations in all your dwellings. Whoever shall smite a person mortally, at the mouth of witnesses shall the murderer be put to death; but one witness shall not testify against a person to cause him to die. And ye shall take no satisfaction for the life of a murderer, who is guilty of death, but he shall certainly be put to death. And ye shall take no satisfaction for him that hath fled to the city of his refuge, that he should come again to dwell in the land, until the death of the priest. And ye shall not pollute the land wherein ye are; for blood, it polluteth the land; and there can be no atonement made for the land, for the blood that hath been shed therein, but by the blood of him that shed it. And ye shall not defile the land that ye inhabit, in the midst whereof I dwell; for I am Jehovah who dwell in the midst of the children of Israel.
He that striketh a man, so that he die, shall certainly be put to death. But if he have not lain in wait, and God have delivered [him] into his hand, I will appoint thee a place to which he shall flee. But if a man act wantonly toward his neighbour, and 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.