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;
But let your hearts be turned to the place which will be marked out by the Lord your God, among your tribes, to put his name there;
These are the words of the Lord of armies: Put now a point of law to the priests, saying,
In judging, do not let a man's position have any weight with you; give hearing equally to small and great; have no fear of any man, for it is God who is judge: and any cause in which you are not able to give a decision, you are to put before me and I will give it a hearing.
For it is right for the priest's lips to keep knowledge, and for men to be waiting for the law from his mouth: for he is the servant sent from the Lord of armies.
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.
Then the two men, between whom the argument has taken place, are to come before the Lord, before the priests and judges who are then in power;
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;
This is to be the rule for anyone who goes in flight there, after causing the death of his neighbour in error and not through hate;
And they were judges in the causes of the people at all times: the hard questions they put before Moses; but on every small point they gave decisions themselves.
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.
But if a man gives another man a blow with an iron instrument, causing his death, he is a taker of life and is certainly to be put to death.
Then let certain towns be marked out as safe places to which anyone who takes the life of another in error may go in flight.
If an ox comes to be the cause of death to a man or a woman, the ox is to be stoned, and its flesh may not be used for food; but the owner will not be judged responsible.
If men, while fighting, do damage to a woman with child, causing the loss of the child, but no other evil comes to her, the man will have to make payment up to the amount fixed by her husband, in agreement with the decision of the judges.
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 » 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.