8 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 shall choose;
*Minor differences ignored. Grouped by changes, with first version listed as example.
If there arise a matter too hard for thee. The principal office of the priests is here described under a single head, viz., that they should declare what was right in doubtful and obscure matters out of the Law of God; for although God seems only to refer to civil controversies, yet there is no doubt but that by synecdoche He appoints them to be interpreters of the doctrine of the Law. That their authority might be more reverenced in general, He commands the people to acquiesce in their judgment even on the most disagreeable points: for if their sentence is to be submitted to where a man's life is in question, or when any disputes are to be settled, much more is all exception taken away with respect to God's worship and spiritual doctrine. I confess that the priests are not the sole judges here appointed, but that others of the people are associated with them as colleagues, yet the dignity of the priesthood is especially exalted. The opinion which some hold, that the high priest alone is intended by the word judge, is easily refuted; because Moses distinctly enumerates the priests, the Levites, and the judge. But it is probable that there is by enallage a change of number in it; for it appears from the sacred history that several were appointed, where Jehoshaphat is related to have chosen "of the Levites, and of the priests, and of the chief of the fathers of Israel" to preside at Jerusalem in judgment. (2 Chronicles 19:8.) Assuredly the pious king would have been unwilling to depart in the very least degree from the rule of the Law, and his zeal is praised by the Holy Spirit Himself: but this was the arrangement made, as appears a little further on, that the high priest held the primacy "in matters of the Lord," and the king's governor attended to civil causes and earthly affairs. And thus again is confirmed what I have lately adverted to, i.e., that the office of teaching was entrusted to the priests, that they might solve any difficult questions, which is also supported by the words of Jehoshaphat, when he says, "And what cause soever shall come to you of your brethren -- between blood and blood, between law and commandment, statutes and judgments, ye shall even warn them that they trespass not against the Lord." (2 Chronicles 19:10.) Certainly, as the cognisance of capital crimes properly belonged to judges of the other tribes, so determinations as to precepts and statutes, and the interpretation of the whole Law, was the peculiar province of the priests; nor can we doubt but that the words of Malachi, (Malachi 2:7,) "the priests' lips should keep knowledge, and they should seek the law at his mouth: for he is the messenger of the Lord of hosts," were taken from this passage. Now, to come to the sum of this, God appoints the seat of judgment to be at the sanctuary; for, although in the first verse He seems to nominate the priests and judges indiscriminately to the decision of earthly quarrels, yet in the fourth verse from this He sufficiently shews that another province is committed to the priests, i.e., to keep the people in sound and pure doctrine, and to expound what is right -- in a word, to be the teachers of the Church. But, although the people were to assent to whatever they should decide, so that it would be sinful for them to decline from it to the right hand or the left, yet a tyrannical power was not thus put into their hands, as if, when they had arbitrarily changed light into darkness, their perverted decisions were to be deemed oracular. Their interpretation was to be received without appeal; yet, on the other hand, this rule was prescribed to them, that they should speak as from the mouth of God. It is true that the word here used is, tvrh, [1] thorah; which, although it means teaching, yet undoubtedly signifies that teaching which is comprised in the Law, nay, it is equivalent to the word law. And of this Jehoshaphat is a faithful interpreter, when he enumerates the divisions, of which Scripture everywhere shews the Law of Moses to consist. Although phy, phi, taken metaphorically, is equivalent in Hebrew to discourse, yet it here emphatically expresses the sentence which shall be taken from the pure teaching of the Law. The children of Israel, therefore, are commanded to do what the priests shall have taught them; but how? according to the sentence taken from the Law. Nor can it be doubted but that God at the same time furnished those, whom He desired to exalt to such a high dignity, with the spirit of understanding and rectitude, that they might not deliver any improper sentence. And this also is conveyed by the promise, "They shall shew thee the sentence of judgment:" since it would have been absurd that the people should have obeyed God in vain, and to their own destruction. Since now one sole Priest, who is also our Master, even Christ, is set over us, wo be unto us if we do not simply submit ourselves to His word, and are not ready to obey Him, with all the modesty and teachableness that becomes us.
1 - l-phy tvrh, ver. 11. "According to the sentence of the law," A. V. The noun tvrh is avowedly formed from the verb, yrh whose most ordinary meaning in Hiphil is to teach. Hence the noun in its primary meaning signifies teaching. phy is the mouth, and hence the voice, which proceeds from it. l-phy according to the word, or declaration. --. W.
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 Exodus 18:23-27).
The Supreme court Deuteronomy 17:9 is referred to in very general terms as sitting at the sanctuary Deuteronomy 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 2-Chronicles 19:4-11 organized his judicial system very closely upon the lines here laid down.
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.
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:
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, Exodus 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.
Courts of judgment were to be set up in every city. Though their judgment had not the Divine authority of an oracle, it was the judgment of wise, prudent, experienced men, and had the advantage of a Divine promise.
THE PRIESTS AND JUDGES TO DETERMINE CONTROVERSIES. (Deuteronomy 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 (Numbers 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.
The Higher Judicial Court at the Place of the Sanctuary. - Just as the judges appointed at Sinai were to bring to Moses whatever cases were too difficult for them to decide, that he might judge them according to the decision of God (Exodus 18:26 and Exodus 18:19); so in the future the judges of the different towns were to bring all difficult cases, which they were unable to decide, before the Levitical priests and judges at the place of the sanctuary, that a final decision might be given there.
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.
*More commentary available at chapter level.