8 If there arise 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 shall you arise, and go up to the place which Yahweh your God shall choose;
Where the tribes go up, even Yah's tribes, According to an ordinance for Israel, To give thanks to the name of Yahweh. For there are set thrones for judgment, The thrones of David's house.
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 Yahweh, and for controversies. They returned to Jerusalem. He charged them, saying, Thus shall you do in the fear of Yahweh, faithfully, and with a perfect heart. Whenever any controversy shall come to you from your brothers who dwell in their cities, between blood and blood, between law and commandment, statutes and ordinances, you shall warn them, that they not be guilty towards Yahweh, and so wrath come on you and on your brothers: this do, and you shall not be guilty.
Then there came two women who were prostitutes, to the king, and stood before him. 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. It happened 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. This woman's child died in the night, because she lay on it. She arose at midnight, and took my son from beside me, while your handmaid slept, and laid it in her bosom, and laid her dead child in my bosom. 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 bore. The other woman said, No; but the living is my son, and the dead is your son. This said, No; but the dead is your son, and the living is my son. Thus they spoke before the king. Then said the king, The one says, This is my son who lives, and your son is the dead: and the other says, No; but your son is the dead, and my son is the living. The king said, Get me a sword. They brought a sword before the king. 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 the living child was to the king, for her heart yearned over her son, and she said, Oh, my lord, give her the living child, and in no way kill it. But the other said, It shall be neither mine nor yours; divide it. Then the king answered, Give her the living child, and in no way kill it: she is the mother of it. 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 not be shed in the midst of your land, which Yahweh your God gives you for an inheritance, and so blood be on you. But if any man hate his neighbor, and lie in wait for him, and rise up against him, and strike him mortally so that he dies, and he flee into one of these cities;
The avenger of blood shall himself put the murderer to death: when he meets him, he shall put him to death. If he thrust him of hatred, or hurled at him, lying in wait, so that he died, or in enmity struck him with his hand, so that he died; he who struck him shall surely be put to death; he is a murderer: the avenger of blood shall put the murderer to death, when he meets him. But if he thrust him suddenly without enmity, or hurled on him anything without lying in wait, or with any stone, by which a man may die, not seeing him, and cast it on him, so that he died, and he was not his enemy, neither sought his harm; then the congregation shall judge between the striker 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, where 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, where he flees, and the avenger of blood find him outside of the border of his city of refuge, and the avenger of blood kill 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. These things shall be for a statute [and] ordinance to you throughout your generations in all your dwellings. Whoever kills 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 you shall take no ransom for the life of a murderer who is guilty of death; but he shall surely be put to death. You shall take no ransom for him who is fled to his city of refuge, that he may come again to dwell in the land, until the death of the priest. So you shall not pollute the land in which you are: for blood, it pollutes the land; and no expiation can be made for the land for the blood that is shed therein, but by the blood of him who shed it. You shall not defile the land which you inhabit, in the midst of which I dwell: for I, Yahweh, dwell in the midst of the children of Israel.
"One who strikes a man so that he dies shall surely be put to death, but not if it is unintentional, but God allows it to happen: then I will appoint you a place where he shall flee. If a man schemes and comes presumptuously on his neighbor to kill him, you shall take him from my 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.