Text -- Deuteronomy 17:1-12 (NET)

17:1 You must not sacrifice to him a bull or sheep that has a blemish or any other defect, because that is considered offensive to the Lord your God. 17:2 Suppose a man or woman is discovered among you– in one of your villages that the Lord your God is giving you– who sins before the Lord your God and breaks his covenant 17:3 by serving other gods and worshiping them– the sun, moon, or any other heavenly bodies which I have not permitted you to worship. 17:4 When it is reported to you and you hear about it, you must investigate carefully. If it is indeed true that such a disgraceful thing is being done in Israel, 17:5 you must bring to your city gates that man or woman who has done this wicked thing– that very man or woman– and you must stone that person to death. 17:6 At the testimony of two or three witnesses they must be executed. They cannot be put to death on the testimony of only one witness. 17:7 The witnesses must be first to begin the execution, and then all the people are to join in afterward. In this way you will purge evil from among you.

Appeal to a Higher Court

17:8 If a matter is too difficult for you to judge– bloodshed, legal claim, or assault– matters of controversy in your villages– you must leave there and go up to the place the Lord your God chooses. 17:9 You will go to the Levitical priests and the judge in office in those days and seek a solution; they will render a verdict. 17:10 You must then do as they have determined at that place the Lord chooses. Be careful to do just as you are taught. 17:11 You must do what you are instructed, and the verdict they pronounce to you, without fail. Do not deviate right or left from what they tell you. 17:12 The person who pays no attention to the priest currently serving the Lord your God there, or to the verdict– that person must die, so that you may purge evil from Israel.

Commentary -- Word/Phrase Notes (per phrase)

Wesley: Deu 17:1

Either greater or smaller sacrifices, all being comprehended under the two most eminent kinds.

Wesley: Deu 17:2

That is, in idolatry, as it is explained Deu 17:3, which is called a transgression of God's covenant made with Israel, both because it is a breach of their faith given to God and of that law which they covenanted to keep; and because it is a dissolution of that matrimonial covenant with God, a renouncing of God and his worship, and a chusing other Gods.

Wesley: Deu 17:3

Those glorious creatures, which are to be admired as the wonderful works of God, but not to be set up in God's stead. By condemning the most specious of all idolaters, he intimates, how absurd a thing it is to worship stocks and stones, the works of men's hands.

Wesley: Deu 17:3

That is, I have forbidden. Such negative expressions are emphatical.

Wesley: Deu 17:6

Namely, credible and competent witnesses. The Jews rejected the testimonies of children, women, servants, familiar friends or enemies, persons of dissolute lives or evil fame.

Wesley: Deu 17:7

God thus ordered it, for the caution of witnesses, that, if they had thro' malice or wrath accused him falsely, they might now be afraid to imbrue their hands in innocent blood; and for the security and satisfaction of the people in the execution of this punishment.

Wesley: Deu 17:8

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.

Wesley: Deu 17:8

In civil causes, about words or estates.

Wesley: Deu 17:8

In criminal causes, concerning blows, or wounds inflicted by one man upon another.

Wesley: Deu 17:8

That is, such things being doubtful, and the magistrates divided in their opinions about it.

Wesley: Deu 17:8

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.

Wesley: Deu 17:9

That is, unto the great council, which consisted chiefly of the priests and Levites, as being the best expositors of the laws of God, by which all those controversies were to be decided. And the high-priest was commonly one of that number, understood here under the priests, whereof be was the chief.

Wesley: Deu 17:9

Probably the high-priest, to whom it belonged to determine, some at least, of those controversies, and to expound the law of God. And he may be distinctly named, tho' he be one of the priests, because of his eminency, and to shew that amongst the priests, he especially was to be consulted in such cases.

Wesley: Deu 17:9

Heb. The word, or matter of judgement, that is, the true state of the cause, and what judgment or sentence ought to be given in it.

Wesley: Deu 17:10

Thou shalt pass sentence: he speaks to the inferior magistrates; who were to give sentence, and came hither to be advised about it.

Wesley: Deu 17:11

In particular suits between man and man, altho' the judge be hereby confined to his rule in giving the sentence, yet it seems but fit and reasonable that people should be bound simply to acquiesce in the sentence of their last and highest judge, or else there would have been no end of strife.

Wesley: Deu 17:12

That will proudly and obstinately oppose the sentence given against him.

Wesley: Deu 17:12

The evil thing, that scandal, that pernicious example.

JFB: Deu 17:1

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 (Exo 12:5; Lev 1:3).

JFB: Deu 17:2-7

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.

JFB: Deu 17:8-13

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 (Num 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.

Clarke: Deu 17:1

Wherein is blemish - God must not have that offered to him which thou wouldst not use thyself. This not only refers to the perfect sacrifice offered by Christ Jesus, but to that sincerity and uprightness of heart which God requires in all those who approach him in the way of worship.

Clarke: Deu 17:4

If it be told thee - In a private way by any confidential person. And thou hast heard of it; so that it appears to be notorious, very likely to be true, and publicly scandalous. And hast inquired diligently - sought to find out the truth of the report by the most careful examination of persons reporting, circumstances of the case, etc. And, behold, it be true - the report is not founded on vague rumor, hearsay, or malice. And the thing certain - substantiated by the fullest evidence. Then shalt thou bring forth that man, Deu 17:5. As the charge of idolatry was the most solemn and awful that could be brought against an Israelite, because it affected his life, therefore God required that the charge should be substantiated by the most unequivocal facts, and the most competent witnesses. Hence all the precautions mentioned in the fourth verse must be carefully used, in order to arrive at so affecting and so awful a truth.

Clarke: Deu 17:6

Two witnesses - One might be deceived, or be prejudiced or malicious; therefore God required two substantial witnesses for the support of the charge.

Clarke: Deu 17:8

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.

Clarke: Deu 17:12

The man that will do presumptuously - The man who refused to abide by this final determination forfeited his life, as being then in a state of rebellion against the highest authority, and consequently the public could have no pledge for his conduct.

Calvin: Deu 17:2

2.If there be found among you The same punishment is here decreed against idolaters, to which apostates had been before condemned; and thus either transgression is declared a capital crime. Hence we gather that it is accounted before God no less weighty a sin to violate His worship by gross and impure superstitions, than openly and professedly to fall away from religion altogether. Thus in Eze 20:39, He bids farewell to the Jews, and as it were emancipates them, that they may go every one after his idols, when they are no longer contented with Him alone. Whilst God, however, is so rigid an exactor of punishment, He would not have judgment pronounced precipitately. These are tokens of severity, that a woman as well as a man is to be slain; that the whole people should unite in stoning them; that the evil should be removed from the midst of the land, lest the abomination should continue unpunished. On the other hand moderation is to be observed, since diligent inquiry is to be made, nor is sentence to be pronounced unless the matter is fully proved; and again, that the trial may be lawful, the accusation of one man is not to convict the accused. God therefore would not have the judges, under pretext of zeal, shed blood inconsiderately; but only, after mature inquiry, the criminal was to be punished in proportion to his transgression. By synecdoche he speaks of their cities under the name of “gates,” and alludes to the land having been “given” them, that they might not shew their want of gratitude to God by profaning it. He marks too the heinous nature of the offense, by calling it the “transgressing of God’s covenant;” as much as to say that all who go aside unto idols are covenant-breakers. For the thief, and the fornicator, and the drunkard, and such like transgress the Law indeed, but still are not placed in this category. In fine, it is not simple impiety which is here punished, but the perfidy whereby true religion is forsaken, after men have devoted themselves to God, and professed themselves to be of the number of His people. The repetition of the words “that man or that woman,” more fully confirms what I have said, viz., that although the weakness of the female sex may extenuate their guilt, yet must they not be pardoned in such a case as this, where God’s worship is directly violated. Although mention is only made of the sun, and moon, and stars, the same thing applies to images also; nay, inasmuch as it is baser to transfer God’s honor to dead stones or stocks, than to those constellations in which something divine shines forth, so much more detestable are they who plunge themselves into such stupidity.

Calvin: Deu 17:4

4.Then three shalt inquire ³⁰⁷ diligently. Although this moderation here refers only to the present matter, yet should it always be maintained in judicial proceedings, lest innocent persons should be treated with undue severity. Again, we must remember what I have said elsewhere, that judges are here not only restrained from precipitate condemnation, but also stimulated to beware of passing over, in idleness or negligence, anything that was necessary to be known. For they often fail in their duty, because they wilfully connive at guilt; and thus that which would be manifest if they would be at the pains to make more diligent inquiry, does not come to light. God, then, would not have them slumber nor take no notice of sinister reports, but rather inquire diligently as to things which may have come to their cars, so that no crime may remain unpunished. The same is the case as to witnesses; for whilst it would be unjust to pronounce sentence on the testimony of one man, still, if two or three will not suffice, there would be no end to litigation. Fitly, then, has God prescribed to judges both that they shall not be rashly credulous, and yet that they shall be content with the lawful number of witnesses; but this point will be more largely treated of elsewhere in commenting both on the Sixth and Ninth Commandments.

Calvin: Deu 17:7

7.The hands of the witnesses shall be first It was not without reason that God would have criminals put to death by the hand of those by whose testimony they were condemned. The ancient people did not employ public executioners, that there might be more solemnity, modesty, and reverence in the infliction of punishments. This office he peculiarly enjoins upon the witnesses, because the tongue of many is too hasty, not to say worse of it, so that they do not hesitate to stab people verbally, when they would not dare to lay a finger upon them. This, then, was an excellent remedy for the repression of light accusations, not to admit the testimony of any, whose hand was not prepared to execute the sentence. Stoning was indeed a sad and horrible kind of punishment; but it is probable that God made choice of it because it required the application of many hands. If hanging had not been in use, God would have commanded in vain that the corpse of a man who had been hanged should be taken down from the tree before sunset. (Deu 21:23.) There were, therefore, other kinds of capital punishment; but when the land was to be purged, as by a propitiation, by the death of the sinner, he was to be stoned by the hands of the whole people, since it would have been cruel for him to be slain by a lingering death, which would have been the case if they had stoned him one after another. The reason why the people were commanded to cast the stones with one consent was, that they might give proof of their zeal, and manifest their great indignation that God’s worship had been violated.

Calvin: Deu 17:8

8.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. (2Ch 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.” (2Ch 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, (Mal 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, תורה , ²⁰⁶ 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 פי , 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.

Calvin: Deu 17:12

He pronounces a similar punishment on those who shall have contumaciously rejected the judgment of the priests. We have already seen that the prophetical office was united with the priesthood; since, according to Mal 2:4, the covenant of God was with Levi, that his descendants might be the guardians of His knowledge, and the interpreters of His law: yet God often punished the laxity of the priests, by setting other teachers over his people. At any rate, both were ambassadors for Him. Since, therefore, the authority of the prophets had been sanctioned above, the same rights are now conferred upon the priests; nor is this surprising, for it was no trifling crime to despise God, the appointer of this order. Yet we must remember what I have elsewhere stated, that the priests were not armed with tyrannical authority, so that it was sinful to reject whatever they might have decreed according to their own fancy. For neither did God dethrone Himself when He appointed them, nor did He bind men’s consciences to obey their ordinances without distinction, but only would put reins on the audacity of those who have no scruple in undervaluing the government of the Church. For this must be considered, that foul and horrible would be the disorder, if men were promiscuously permitted to reject whatever the rulers of the Church may have appointed; and it would be ridiculous that persons should be called to govern, to whom no dignity should be accorded; and, therefore, natural reason itself shews and dictates, that the reverence, which is here demanded, is due to all lawful commands. God was the author of the priesthood: He, too, ordained judges. What could be more absurd than that they should be despised and laughed at with impunity, who presided in the name and by the command of God? But He has never exalted a mortal man so high as to abdicate His own rights; nay, it was often necessary boldly to reject what the priests had commanded. Urijah the priest built a profane altar in the fashion of that at Damascus, which Ahaz had sent, and offered a sacrifice thereon, ⁵⁵ (2Kg 16:12,) was it necessary that Isaiah should acquiesce in this? Nay, detestable was the adulation of all who assented to the decree of a wicked and perfidious priest. Moreover, we see that the prophets were very often so far from agreeing with the priests, that they waged open war with them. But the whole of this matter is decided by the words of Moses, for he does not unreservedly condemn all who should not obey, but restricts his law by the addition of a special mark, viz., if the contempt should arise from presumption or arrogance. Therefore it was not else a capital crime to disobey the priest or the judge, unless any one should insolently and proudly oppose himself to the ordinance established by God. Otherwise this exception would have been interposed without reason. In fine, the priests of old were to be obeyed, as far as it concerned the public peace that the pastors ordained by God should be reverently honored; yet so as that there should be no departure from God Himself, the one Head and Prince of all pastors. We have elsewhere seen how foolishly the Papists take this to themselves ⁵⁶

Defender: Deu 17:6

It is implied that the second and/or third witnesses must not be in collusion with the first or with each other, attempting to bear a united false witness against the accused person. Such false witness invoked severe penalties (Deuteronomy 15-19). Also the seriousness of the charge, even if found true, was emphasized by requiring the witnesses to be the first ones to carry out the execution (Deu 17:7). Additional references include Mat 18:16; Joh 8:16-18; 2Co 13:1; 1Ti 5:19; Heb 10:28."

TSK: Deu 17:1

Exo 12:5; Lev 22:20-25; Mal 1:8, Mal 1:13, Mal 1:14; Heb 9:14; 1Pe 1:19

Thou shalt : Deu 15:21

sheep : or, goat, any evil favouredness, Gen 41:3, Gen 41:4, Gen 41:19

for that : Deu 23:18, Deu 24:4, Deu 25:16; Pro 6:16, Pro 11:1, Pro 15:8, Pro 20:10

TSK: Deu 17:2

within any of thy gates : The expression, ""within any of thy gates,""denoted all residing in the cities, and all who went in and came out at the gates of them; so that it included the inhabitants of the whole land.

man : Deu 17:5, Deu 13:6-18, Deu 29:18

in transgressing : Deu 4:23, Deu 29:25, Deu 31:20; Lev 26:15, Lev 26:25; Jos 7:11, Jos 7:15, Jos 23:16; Jdg 2:20; 2Ki 18:12; Jer 31:32; Eze 16:38; Hos 6:7, Hos 8:1; Heb 8:9, Heb 8:10

TSK: Deu 17:3

the sun : Deu 4:19; 2Ki 21:3; Job 31:26, Job 31:27; Jer 8:2; Eze 8:16

which : Jer 7:22, Jer 7:23, Jer 7:31, Jer 19:5, Jer 32:35

TSK: Deu 17:4

inquired : Deu 13:12-14, Deu 19:18; Pro 25:2; Joh 7:51

TSK: Deu 17:5

stone them : Deu 13:10, Deu 13:11, Deu 21:21, Deu 22:21, Deu 22:24; Lev 24:14, Lev 24:16; Jos 7:25

TSK: Deu 17:6

Deu 19:15; Num 35:30; Mat 18:16; Joh 8:17, Joh 8:18; 2Co 13:1; 1Ti 5:19; Heb 10:28

TSK: Deu 17:7

of the witnesses : Deu 13:9; Act 7:58, Act 7:59

So thou : Deu 17:12, Deu 13:5, Deu 19:19, Deu 24:7; Jdg 20:13; 1Co 5:13

TSK: Deu 17:8

arise : Deu 1:17; Exo 18:26; 1Ki 3:16-28; 2Ch 19:8-10; Hag 2:11; Mal 2:7

between blood : Deu 19:4, Deu 19:10, Deu 19:11; Exo 21:12-14, Exo 21:20, Exo 21:22, Exo 21:28, Exo 22:2; Num 35:11, Num 35:16, 19-34

get thee up : Deu 12:5, Deu 19:17; Psa 122:4, Psa 122:5

TSK: Deu 17:9

the priests : Jer 18:18; Hag 2:11; Mal 2:7

they shall : Deu 19:17-21; Eze 44:24

TSK: Deu 17:10

Mat 22:2, Mat 22:3

TSK: Deu 17:11

According to : Jos 1:7; Mal 2:8, Mal 2:9; Rom 13:1-6; Tit 3:1; 1Pe 2:13-15; 2Pe 2:10; Jud 1:8

to the right : Deu 17:20, Deu 5:32, Deu 28:14; Jos 1:7, Jos 23:6; 2Sa 14:19; Pro 4:27

TSK: Deu 17:12

will do : Deu 13:5, Deu 13:11; Num 15:30; Ezr 10:8; Psa 19:13; Hos 4:4; Mat 10:14; Heb 10:26-29

and will not hearken : Heb. not to hearken, Jer 25:3-14

the priest : Deu 10:8, Deu 18:5, Deu 18:7; Luk 10:16; Joh 12:48, Joh 20:23; 1Th 4:2, 1Th 4:8

that man : Heb 10:28

thou shalt : Deu 17:7, Deu 13:5; Pro 21:11; 1Ti 5:20

Commentary -- Word/Phrase Notes (per Verse)

Barnes: Deu 17:1

This verse belongs in subject to the last chapter. It prohibits once more (compare Deu 15:21) that form of insult to God which consists in offering to Him a blemished sacrifice.

Any evil-favoredness - Render any evil thing. The reference is to the faults or maims enumerated in Lev 22:22-24.

Barnes: Deu 17:2-7

Compare Deu 13:1 ff. Here special reference is made to the legal forms to be adopted, Deu 17:5-7. The sentence was to be carried into effect at "the gates"(compare Gen 19:1 note) of the town in which the crime was committed; because, as "all the people"were to take a part, an open space would be requisite for the execution. Note the typical and prophetical aspect of the injunction; compare Act 7:58; Heb 13:12.

Barnes: Deu 17:8-13

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 Exo 18:23-27).

The Supreme court Deu 17:9 is referred to in very general terms as sitting at the sanctuary Deu 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 2Ch 19:4-11 organized his judicial system very closely upon the lines here laid down.

Poole: Deu 17:1

Any bullock or sheep i.e. either greater or smaller sacrifices, all being comprehended under the two most eminent kinds. See Lev 22:20,21 .

An abomination i.e. abominable, as Deu 18:12 .

Poole: Deu 17:2

Man or woman the weakness and tenderness of that sex shall not excuse her sin, nor prevent her punishment.

In transgressing his covenant i.e. in idolatry, as it is explained Deu 17:3 , which is called a transgression of God’ s covenant made with Israel, partly because it is a breach of their faith given to God, and of that law which they covenanted to keep; and principally because it is a dissolution of their matrimonial covenant with God, a renouncing of God and his worship and service, and a choosing other gods.

Poole: Deu 17:3

Those glorious creatures, which are to be admired as the wonderful works of God, but not to be set up in God’ s stead, nor worshipped as gods: see Job 31:26 . By condemning the most specious and reasonable of all idolaters, he intimates how absurd a thing it is to worship stocks and stones, the works of men’ s hands.

Which I have not commanded i.e. I have forbidden, to wit, Ex 20 . Such negative expressions are oft emphatical, and imply the contrary, as Pro 10:2 17:21 24:23 .

Poole: Deu 17:4

Told thee by any person, thou shalt not slight so much as a rumour or flying report of so gross a crime.

Inquired diligently by sending messengers, examining witnesses, &c.

Poole: Deu 17:6

At the mouth i.e. upon the testimony delivered upon oath before the magistrates.

Three witnesses to wit, credible and competent witnesses. The Jews rejected the testimonies of madmen. children, women, servants, familiar friends, or enemies, persons of dissolute lives and evil fame.

Poole: Deu 17:7

Shall be first upon him either laid upon his head to design the person, or stretched out to throw the first stone at him. God thus ordered it, partly for the caution of witnesses, that if they had through malice or wrath accused him falsely, they might now be afraid to imbrue their hands in innocent blood; partly for the security and satisfaction of the people in the execution of this punishment.

The hand of all the people who, being all highly and particularly obliged to God, are bound to express their zeal for his honour and service, and their detestation of all persons and things so highly dishonourable and abominable to him.

Poole: Deu 17:8

Too hard for thee he speaks to the inferior magistrates, who were erected in several cities, as appears by the opposition of these to them at Jerusalem. If, saith he, thou hast not skill or confidence to determine so weighty and difficult a cause.

Between blood and blood i.e. in capital causes in matter of bloodshed, whether it be wilful or casual murder, whether punishable or pardonable by those laws, Exo 21:13,20,22,28 22:2 Num 35:11,16,19 De 19:4,10 .

Between plea and plea in civil causes or suits between plaintiffs and defendants about words or estates.

Between stroke and stroke i.e. either first in ceremonial causes,

between plague and plague between the true leprosy, which is ofttimes called the plague , and the seeming and counterfeit leprosy, which was oft-times hard to determine. And under this, as the most eminent of the kind, may seem to be contained all ceremonial uncleannesses. But this seems not probable,

1. Because the final determination of the matter of leprosy is manifestly left to any particular priest, Le 13 14 .

2. Because the person suspected of leprosy was not to be brought to Jerusalem, to be tried there, but was to be shut up in his own city and house, Lev 13:4,5 ; and the judges at Jerusalem neither could nor would determine his case without once seeing the person.

3. Because the case of leprosy was not hard or difficult, as those causes are said to be, but plain and evident, and so particularly and punctually described, that the priest needed only eyes to decide it. Or rather,

2. In criminal causes, concerning blows or wounds inflicted by one man upon another, and to be requited to him by the sentence of the magistrate according to that law, Exo 21:23-25 , wherein there might be many cases of great difficulty and doubt, about which see the annotations there.

Matters of controversy i.e. such things or matters of blood and pleas and strokes being doubtful, and the magistrates divided in their opinions about it; for if it was a clear case, this was not to be done. Some make this an additional clause to comprehend these and all other things, thus as if he had said, and in general,

any words or matters of strifes or contentions

1. Which the Lord shall choose, to wit, to set up his worship and tabernacle or temple there; because there was the abode, both of their sanhedrim, or chief council, which was constituted of priests and civil magistrates, who were most able to determine all controversies, and of the high priests, who were to consult God by Urim, Num 27:21 , in great matters, which could not be decided otherwise.

Poole: Deu 17:9

Unto the priests the Levites i.e. unto the great council, which it is here denominated from, because it consisted chiefly of the priests and Levites, as being the best expositors of the laws of God, by which all those controversies mentioned Deu 17:8 were to be decided. And the high priest was commonly one of that number, and may seem to be understood here under the priests, whereof he was the chief.

Unto the judge: this judge here is either,

1. The supreme civil magistrate, who was made by God the keeper of both tables, and was by his office to take care of the right administration both of justice and of religion, who was to determine causes and suits by his own skill and authority in civil matters, and by the priests’ direction in spiritual or sacred causes. But this seems obnoxious to some difficulties, because,

1. This judge was obliged to dwell in the place of God’ s worship, which the civil magistrate was not, and ofttimes did not.

2. This judge was one whose office it was to expound and teach others the law of God, as it here follows, Deu 17:11 , therefore not the civil magistrate. Or,

2. The high priest, who was obliged to live in this place, to whom it belonged to determine some at least of those controversies mentioned Deu 17:8 , and to teach and expound the law of God. And he may be distinctly named, though he be one of the priests, partly because of his eminency and superiority over the rest of them, as after

all David’ s enemies Saul is particularly mentioned, Psa 18:1 ; and partly to show that amongst the priests he especially was to be consulted in such cases. But this also seems liable to objections.

1. That he seems to be included under that general expression of the

priests and Levites

2. That the high priest is never in all the Scripture called simply the judge, but generally called the priest, or the high priest , or chief priest , or the like; and it is most probable if Moses had meant him here, he would have expressed him by some of his usual names and titles, and not by a strange title which was not likely to be understood.

3. That divers controversies between blood and blood, plea and plea , stroke and stroke , were not to be determined by the high priest, but by other persons, as appears by Exo 18:22 Deu 1:16,17 . Or,

3. The sanhedrim or supreme council, which, as was said before, consisted partly of priests, and partly of wise and learned persons of other tribes, as is confessed by all the Jewish and most other writers. And so this is added by way of explication, partly to show that the priests and Levites here mentioned, as the persons to whom all hard controversies are to be referred, are not all the priests and Levites which should reside in Jerusalem, but only such of them as were or should be members of that great council by whom, together with their fellow-members of other tribes, these causes were to be decided; partly to intimate that that great council, which had the chief and final determination of all the above-said controversies, was a mixed assembly, consisting of wise and good men, some ecclesiastical, and some secular; as it was most meet it should be, because many of the causes which were brought unto them were mixed causes. As for the conjunctive particle and , that may be taken either disjunctively for or, as it is Exo 21:15,17 , compared with Mat 15:4 ; and Num 35:5,6 , compared with Mat 12:37 Lev 6:3,5 2Sa 2:19,21 ; or exegetically, for that is , or to wit, as Jud 7:24 1Sa 17:40 1Sa 28:3 2Ch 35:14 ; and so the sense may be, the priests, the Levites, or the judge , as it is Deu 17:12 ; or, the priests, the Levites, that is, the judge, or the judges appointed for this work. And though the word judge be in the singular number, and may seem to denote one person, yet it is only an enallage, or change of the number, the singular for the plural, judges , which is most frequent, as Gen 3:2,7 49:6 1Sa 31:1 1Ki 10:22 2Ki 11:10 , compared with 2Ch 9:21 23:9 and in the Hebrew, 1Ch 4:42 , where divers officers are called one head . And so it is most probably here,

1. Because the following words Which belong to this run altogether in the plural number, they, they, they , &c., here and Deu 17:10,11 .

2. Because here is the same enallage in the other branch, the same person or persons being called the priests here , and the priest Deu 17:12.

3. Because for the judge here is put the judges , Deu 19:17 , where we have the same phrase used upon the same or a like occasion, the men between whom the controversy is shall stand before the Lord , before the priests and the judges, which shall be in those days . Nor is it strange, but very fit and reasonable, that so many persons being all united in one body, and to give judgment or sentence by the consent of all, or the greatest part, should be here called by the name of one judge , as indeed they were; and for that reason the priests are spoken of in the plural number, because they were many, as also the other members of that assembly were, and the judge in the singular number, because they all constituted but one judge. The sentence of judgment , Heb. the word or matter of judgment , i.e. the true state and right of the cause, and what judgment or sentence ought to be given in it.

Poole: Deu 17:10

Thou shalt i.e. thou shalt pass sentence; for he speaks to the inferior magistrates, as was before noted, who were to give sentence, and came hither to be advised about it.

Thou shalt observe to do It is very observable that this place doth not speak of all controversies of faith, as if they were to believe every thing which they should teach; but only of some particular matters of practice and strife between man and man, to which it is plainly limited, Deu 17:8 . And they are not here commanded to believe, but only to

do which is thrice repeated.

Poole: Deu 17:11

According to the sentence of the law which they shall teach thee: these words are a manifest limitation of the foregoing assertion, that they were to do according to all that the judge or judges informed him. And they seem to limit and regulate,

1. The judges in their sentence, that they shall not, upon pretence of this supreme authority put into their hands, presume to teach or direct otherwise than the law prescribes.

2. The people in their obedience; first they shall not simply obey them in all things, but so far forth as their sentence is according to the law and word of God, but not when their commands are evidently contrary to God’ s laws, for then, say even popish commentators on this place, they must obey God rather than man. And this cannot be denied by any man of sense, upon supposition that this place speaks of, and this power given to the priest or judge reacheth to, all controversies or questions of faith and manners, as the papists would extend it: for put case these priests or judges’ should give a sentence directly contrary to the express words of God’ s law, Thou shalt worship a graven image , as Aaron did in the case of the calf, thou shalt profane the sabbath, thou shalt dishonour thy father and mother, thou shalt murder, steal, commit adultery , &c., I ask, were the people in this case bound to do as the judge determined, or not? If any say they were, such a bold and wicked assertion must need strike all sober Christians with horror; and if they say they were not, then this must needs be taken for a limitation. But this place speaks only of particular suits between man and man, as is apparent from the notes on See Poole "Deu 17:8" . And in all such cases, although the judge be hereby confined and tied to his rule in giving the sentence, yet it seems but fit and reasonable that people should be bound simply to acquiesce in the sentence of their last and highest judge, or else there would have been no end of strife.

Poole: Deu 17:12

That will do presumptuously i.e. that will proudly and obstinately oppose the sentence given against him. This is opposite to ignorance and error, Exo 21:13,14 .

The evil either,

1. The evil thing, that scandal, that pernicious example. Or,

2. That evil, refractory, pernicious person, whose practice herein tends to the dissolution of all government, and the ruin of the common-wealth of Israel.

Haydock: Deu 17:1

Ox. By this name all bulls, cows, &c., are designated. For it was not lawful to sacrifice any thing which had lost any member, Exodus xii. 5., and Leviticus i. 3.

Haydock: Deu 17:2

Covenant, by incurring the evil of idolatry. (Calmet) (Hebrews x. 29.)

Haydock: Deu 17:3

The host of heaven. That is, the stars. (Challoner) ---

This species of idolatry was the most ancient and common in the East. Job (xxxi. 26, 28) takes notice of the adoration of the sun and of the moon, and calls it a very great iniquity, and a denial against the most high God. He lived in Arabia, and probably not far from the place where Moses was addressing the Israelites. (Haydock) ---

The pagans looked upon the sun and moon as the king and queen of heaven, and the stars as their guards. Plato says (in Phædro) that "the sun marches at the head of the gods, in a winged chariot, and the eleven other gods lead on their bands of demons," or the stars, &c.

Haydock: Deu 17:5

Stoned, not far from the gates, where they received sentence. Thus the sabbath-breaker was stoned without the camp, (Numbers xv. 35,) and St. Stephen out of the city of Jerusalem, Acts vii. 57. When only a few were concerned, the twenty-three judges passed sentence: but if a whole tribe had been guilty, the cognizance of the affair was left to the Sanhedrim. When a city was infected with this abomination, it was wholly destroyed. But no one was punished, except two witnesses (ver. 6,) attested that formal idolatry, by sacrifice, &c., had been committed. (Selden, Syned. iii. 4.)

Haydock: Deu 17:6

Slain. When the action was public, this formality was not requisite, chap. xiii. 9. ---

Him. One witness was never admitted to prove any crime; neither would the Jews receive for witnesses, women, infants under thirteen, slaves, publicans, thieves, &c. (Josephus, [Antiquities?] iv. last chapter.) The Rabbins also reject other notorious offenders, enemies, relations, and those who had not a competent knowledge of the law, &c. (Ap. Selden, Syn. ii. 13. 11.; and Grotius) ---

But we could wish for some authors of more credit. (Calmet)

Haydock: Deu 17:7

Kill him. Thus testifying that they approve the sentence, and are willing that his blood should be required at their hands, if they had accused him falsely. The criminal was hurled down a precipice by one of the witnesses, and, if he survived, he was stoned by the other, and by the whole people. Maimonides asserts, that the execution took place on some great festival, for the terror and instruction of the multitude; but others call this in question. (Fagius) (Calmet)

Haydock: Deu 17:8

If thou perceive, &c. Here we see what authority God was pleased to give to the church-guides of the Old Testament, in deciding, without appeal, all controversies relating to the law; promising that they should not err therein; and punishing with death such as proudly refused to obey their decisions: and surely he has not done less for the church-guides of the New Testament. (Challoner) ---

Hard. Hebrew also means, "doubtful, hidden, divided;" so that the opinions of the judges do not agree. In matters of fact, the thing is more easily investigated on the spot. But in these cases, where the law is ambiguous, as even the divine ordinances frequently are, being delivered in human language, (Grotius) a living judge is necessary. God remits the Jews in the council of the priests, at the head of whom was the sovereign pontiff, who was the natural and supreme judge of such difficulties, ver. 9, 12. (Haydock) ---

And blood, to decide when murder must be punished with death, and when the right of an asylum may be claimed. (Calmet) ---

The Vulgate renders the same words, 2 Paralipomenon xix. 10. ---

Between kindred and kindred, as the different degrees cause many embarrassments, with regard to marriages, &c. (Tirinus) ---

The Rabbins understand that the judge had to declare when a woman was rendered unclean, Leviticus xii. 4. (Lyranus) ---

And cause, or law-suit; some thinking that a greater sum for reparation of an injury should be required, others judging that one of the contending parties should be set at liberty, while the other judges are of a contrary sentiment. Hebrew, "between judgment and judgment," when a doubt arises whether laymen or the Levites may be the proper judges. The Rabbins only remit three cases to the tribunal of the latter, respecting, 1. The red heifer; 2. the woman accused of adultery by her jealous husband; 3. the heifer to be offered in sacrifice, for a murder committed by a person unknown, chap. xxi. 5. ---

And leprosy. Various difficulties might arise concerning this matter, of which the priests had to pass sentence, Leviticus xiii. Some render the Hebrew negah, "wound." The law of retaliation required a scrupulous nicety. Blood, cause, and leprosy, may denote lawsuits of a criminal, less important, and ceremonial nature. (Jansenius) ---

Vary. Hebrew, " which are matters of contention within thy gates."

Haydock: Deu 17:9

Judge. Moses does not specify whether the contending parties, or the judges themselves thought proper to have the matter debated before a higher court. The Rabbins observe, that appeals to the Sanhedrim were only the last resort, and that the sentence of that tribunal was to be complied with under pain of death, ver. 12. (Selden, Syned. iii. 2. 2.) The judge here mentioned, according to them and the generality of commentators, after Josephus, Philo, &c., is no other than the high priest, as the Scripture plainly indicates, chap. xxi. 5., and Ezechiel xliv. 24. He abode near the tabernacle, and God enabled him to explain the law, when he was arrayed with the ephod, and the Urim and Thummim. Some moderns, who have an interest to lessen the authority of the ecclesiastical jurisdiction, with Calvin, Ainsworth, &c., pretend that an appeal was to be made to the priests, in disputes which concerned religion, and to the civil magistrate in other cases. The latter were indeed commissioned to pass sentence in the different cities. 2 Paralipomenon xix. 5. (Calmet) ---But an appeal to the high priest, in doubtful cases, could not be denied. The government of the Jews was a theocracy, and the pontiff acted as the vicegerent of God. (Haydock)

Haydock: Deu 17:10

Preside. The high priests who are to succeed each other. (Worthington)

Haydock: Deu 17:11

According, &c. This law was to be the rule of the priests, in passing sentence. It was not left to the judgment of individuals to comply or not, according as they might explain the law for themselves. Such a proceeding would be nugatory, as they would thus be themselves the ultimate judges of their own cause. (Haydock) ---

They shall seek the law at his (the priest's) mouth, Malachias ii. 7. Protestants make, therefore, a very frivolous restriction, when they allow his sentence to bind only "so long as he is the true minister of God, and pronounceth according to his word." (Bible, 1603.) (Worthington) ---

If any had been proud enough among the Jews, to persuade himself that he understood the law better than the high priest, he would not on that account have escaped death. (Haydock) ---

The authority of the Christian Church is not inferior to that of the Synagogue, only, "instead of death, excommunication is now inflicted" on the rebellious. (St. Gregory, Matthew xviii. 17.; St. Augustine, q. 38.) In effect, St. Paul assures us that the priests of the law, serve unto the example and shadow of heavenly things. But now he (Christ) ...is the mediator of the better covenant, which is established on better promises, Hebrews viii. 5. If therefore the privilege of deciding points of faith and morality, without danger of mistake, was granted to the synagogue, can any one doubt but that Christ would provide as ample a security to his Church, with which he has promised to remain for ever, and with his Holy Spirit to teach her all the truth ? (Haydock) ---

St. Augustine dwells upon this argument (Doct. 4.) and proves the infallibility both of the Jewish and of the Christian Church. Hence Christ said, with respect to the former, which was not yet rejected, All therefore whatsoever they shall say to you, observe and do: but according to their works, do ye not: for they say the truth, and do not practise what they require of others. If the heads of the Catholic Church should be equally immoral, their true doctrine must not therefore be despised, lest Christ and his Father be at the same time despised. For this is the express admonition of our heavenly lawgiver, hear the Church: (Matthew xvii. 17,) and this he does not require without giving us a full assurance, that we may do it without fear of being led astray. The sole command of God implies as much, if he had said no more. For can he order us to sin? The pretended reformers, who blushed not to make this blasphemous assertion, might easily swallow down the other, respecting the defection and fallibility of the whole Church; and might even believe, that the whole world had been drowned in abominable idolatry for eight hundred years and more. (Hom. on the peril of idolat. p. 3.) How much more they do not determine, lest they should be forced to tell when the religion of the Catholics began, and that they will never do without dating from Christ and the apostles, the foundations of the only true Church. (Haydock) ---

The Jews had such a respect for the decisions of their Rabbins, in consequence of this command of God, that some hesitate not to assert, that if one of them should declare that the left hand was the right, they would believe him; and they condemn the refractory to most grievous torments in hell. (Buxtorf, Syn. i.) ---

We must shew the most profound submission to the decrees of the Church. (Calmet) ---

Yet we are not bound to assent to the decisions of every teacher. Only, when the Church speaks, we must not refuse to obey, nor pretend to appoint ourselves judges of what she teaches. A private doctor, however eminent, may fall into some absurdities, but the major part of the pastors of the Church, with the Pope at their head, never can. In vain have the records of nineteen centuries been ransacked, to find a single instance of such a general agreement in error. If the Synagogue passed a wicked sentence upon Jesus Christ, we must reflect that the forms here required (ver. 8,) were neglected; and it was then expiring, and giving place to a better covenant, as the prophets had foretold. Yet even in that sentence, which was so unjust on the part of Caiphas, St. John (xi. 51.) acknowledges the truth of God. And this he spoke not of himself: but being the high priest, that year, he prophesied that Jesus should die for the nation, and not only for the nation, but to gather together in one the children of God that were dispersed. The Synagogue could claim submission no longer, after the great prophet had come to abrogate the law of fear, and to substitute that of love. Hence while he was there to teach himself, (Hebrews i. 2,) there was no danger of deception for the people. But the covenant which he has established is to last for ever: no prophet or lawgiver is promised to introduce any change, or greater perfection, so that no one can plead for an excuse of his rebellion, that the Church may deceive and pass an erroneous judgment; or, if he do, he must be cut off from the society of the faithful, by the spiritual sword; and, dying in that state, without the Church for his mother, he need never expect that God will acknowledge him for his son. See St. Cyprian, Unity of the Catholic Church. If an individual pastor should pass such a perverse sentence, the case would be very different. Yet, even in such trying cases, an humble conduct will be the best security and proof of innocence, and God will reward those who have suffered unjustly. (Haydock)

Haydock: Deu 17:12

And the decree. Some copies read with Sixtus V ex decreto, by &c., "decree," (Haydock) as if a lay-judge stood ready to put the sentence in execution. (Calmet) ---

But there was no necessity of any farther judgment after the high priest had spoken, who is here declared the sovereign judge. (St. Cyprian, ep. 55.) Hebrew, "or to the judge." Amama ridicules his friend, Ant. a Dominis, for saying that the Hebrew and Vulgate have et decreto. (Haydock) ---

The Rabbins inform us, that if any judge refused to acquiesce in the decision, and endeavoured to draw others into his opinion, in matters of consequence, (as those are where the guilty is ordered to be cut off,) he was to be strangled, on a festival day, at Jerusalem, that all the people hearing it might fear, ver. 13. (Selden, Syned. iii. 3.) (Calmet)

Gill: Deu 17:1

Thou shalt not sacrifice unto the Lord thy God any bullock or sheep wherein is blemish,.... No sacrifice of any sort, whether burnt offering, sin offering, or peace offering, was to have any blemish in it; typical of the unblemished and immaculate Lamb of God, who, being without sin, offered himself without spot to God, and so could take away the sins of others by the sacrifice of himself; see Lev 22:18,

or any evilfavouredness; any sickness or disease upon it of any sort, which made it ill favoured to the sight, or disagreeable to the smell, or however unacceptable for sacrifice:

for that is an abomination to the Lord thy God; every such blemished and ill favoured sacrifice; see Mal 1:8.

Gill: Deu 17:2

If there be found among you, within any of thy gates which the Lord thy God giveth thee,.... In any of their cities in the land of Canaan:

man or woman that hath wrought wickedness in the sight of the Lord thy God: as all that is wrought is in the sight of the omniscient God; here it means not any kind of wickedness, for there is none lives without committing sin of one sort or another, all which is known to God the searcher of hearts, but such wickedness as is after described:

in transgressing his covenant; that is, his law, and particularly the first table of it, which respects divine worship, and which is in the nature of a marriage contract or covenant; which, as that is transgressed by adultery committed by either party, so the covenant between God and Israel was transgressed by idolatry, which is spiritual adultery, and going a whoring after other gods, as it follows:

Gill: Deu 17:3

And hath gone,.... The Targum of Jonathan adds, after the evil imagination or concupiscence, lusting after other lovers, and forsaking the true God, and departing from his worship:

and served other gods; strange gods, the idols of the people, other gods besides the true God; the creature besides the Creator:

and worshipped them; by bowing down before them, praying to them, or ascribing their mercies and blessings to them, and giving them the glory of them:

either the sun, or moon, or any of the host of heaven: the two great luminaries, and the planets, constellations, and stars, any of them; which kind of idolatry very early obtained, and was in use at this time among the Heathens, and was an iniquity to be punished by the judge, Job 31:26, which sin, though so strictly forbidden, the people of Israel sometimes fell into, 2Ki 21:3.

which I have not commanded: and which is a sufficient reason, in matters of worship, to avoid and abstain from anything, that God has not commanded it; for in things of that nature nothing should be done but what he has ordered, who is a jealous God, and will not suffer any to take upon them to direct what should be done as a religious service and duty; and if any are so presumptuous, they must expect it will be resented; see Isa 1:12 and especially with respect to the object of worship, as here, and which relate to things if not forbid expressly, yet tacitly, to do which was an abomination to the Lord.

Gill: Deu 17:4

And it be told thee, and thou hast heard of it, and inquired diligently,.... A report of this kind was not to be neglected; though it was not to be concluded upon as certain by hearsay, it was to be looked into, and the persons that brought it thoroughly examined; so the Targum of Jonathan,"and inquired the witnesses well,''what proof and evidence they could give of the fact, who the persons were, when and where, and in what manner the sin was committed:

and, behold, it be true, and the thing certain; upon examining the witnesses the case is plain and out of all question:

that such abomination is wrought in Israel; to do it in any country was abominable, but much more so in the land of Israel, among the professing people of God, who had the knowledge of the true God, and had had so many proofs of his deity, his power and providence, as well as received so many favours and blessings from him, and had such laws and statutes given them as no other people had.

Gill: Deu 17:5

Thou shall bring forth that man or that woman which have committed the wicked thing,.... Idolatry in any of the above instances: this must be supposed to be done after he or she have been had before a court of judicature, and have been tried and found guilty, and sentence passed on them, then they were to be brought forth to execution:

unto thy gates; the Targum of Jonathan says, unto the gates of your sanhedrim, or court of judicature; but Jarchi observes, that this is a mistake of the paraphrase, for he says, we are taught by tradition that "thy gate" is the gate in which he has served or committed idolatry; and so says Maimonides ^d, they do not stone a man but at the gate where he served or worshipped; but if the greatest part of the city are Heathens, they stone him at the door of the sanhedrim; and this is received from tradition, that "to thy gates" is the gate at which he served, and not where his judgment is finished:

even that man or that woman; this is repeated, and the woman as well as the man is expressed, to show that no compassion is to be had on her as is usual, nor to be spared on account of the weakness and tenderness of her sex, but she as well as the man must be brought forth and executed according to her sentence, without any mercy shown; and this is observed to show the resentment of the divine Majesty, and his indignation at this sin:

and shalt stone them with stones until they die; of the manner of stoning men and women; see Gill on Act 7:58.

Gill: Deu 17:6

At the mouth of two witnesses, or three witnesses, shall he that is worthy of death be put to death,.... The idolater found guilty was to be stoned; two witnesses were sufficient to prove a fact, if three the better, but, on the testimony of one, sentence might not be pronounced. Aben Ezra observes, that some say, if two witnesses contradict two other, a third turns the scale and determines the matter; and others say, that two who are wise men will do, and three of others; and because it is said "at the mouth" of these witnesses, it is concluded, that a testimony should be verbal and not written; should not be recorded, neither in pecuniary cases nor in capital ones, but from the mouth of the witnesses, as it is said "at the mouth", &c. at their mouth, and not from their handwriting ^e:

but at the mouth of one witness he shall not be put to death; so careful is the Lord of the lives of men, that none should be taken away but upon full and sufficient evidence, even in cases in which his own glory and honour is so much concerned.

Gill: Deu 17:7

The hands of the witnesses shall be first upon him to put him to death,.... Of everyone of them, as Aben Ezra; they were to cast the first stone at him, which would be a further trial and confirmation of their testimony; for if they readily and without reluctance first began the stoning of the idolater, it would not only show their zeal for the honour of the divine Being, but an unconsciousness of guilt in their testimony, and be an encouragement to others to proceed with safety:

and afterwards the hands of all the people; should be employed in taking up stones, and casting at him until he was dead:

so thou shall put the evil away from among you; both the evil man and the evil committed by him, which by this means would be prevented from spreading, seeing by his death others would be deterred from following his example; as well as the evil of punishment, which otherwise would have come upon the nation, had they connived at so gross an iniquity.

Gill: Deu 17:8

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, Exo 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.

Gill: Deu 17:9

Thou shalt come unto the priests, the Levites,.... The priests that are of the tribe of Levi, as the Targum of Jonathan, and so Jarchi; for Aben Ezra says there are priests that are not of the genealogy of Levi; such there were indeed in Jeroboam's time, 1Ki 12:31. Maimonides ^f observes, that it is ordered that there should be in the great sanhedrim priests and Levites, as it is said: "and thou shalt come unto the priests, and the judge that shall be in those days, and inquire"; judge is here put for judges, of which the great court consisted, being priests, Levites, and Israelites; See Gill on Deu 16:18, though others think that only a single person is meant, such as Othniel, Ehud, Gideon, Samson, &c. but then as there was not always such an one in being, I should rather think that the judge here, if a single person, is the president or prince of the great sanhedrim, who succeeded Moses, and sat in his place; and of him and his court, the priests, and Levites and Israelites that composed it, inquiry was to be made:

and they shall show thee the sentence of judgment; give their judgment in the difficult case proposed, and declare what is right to be done, and what sentence is to be pronounced.

Gill: Deu 17:10

And thou shalt do according to the sentence which they of that place which the Lord shall choose shall show thee,.... The judges of the inferior courts were to return and proceed on the difficult case according to the judgment of the great court at Jerusalem, and follow the directions and instructions they should give them:

and thou shalt observe to do according to all that they inform thee; not only observe and take notice of what they say, but put it in practice, and not in some things and some circumstances only, but in all and everything they should give them information about relating to the case in question.

Gill: Deu 17:11

According to the sentence of the law which they shall teach thee,.... For they were not to make any new law, but to teach the law of God, and so far as their sense and opinion of things agreed with that law they were to be regarded:

and according to the judgment which they shall tell thee, thou shalt do; what were law and justice, what were fit and right to be done, according to the will of God, which they should declare unto them, that was carefully to be done by them:

thou shalt not decline from the sentence they shall show thee, to the right hand nor to the left; by setting up after, all their own judgments against theirs to whom they had applied for information and direction, which to have done would have been very insolent and affronting; they were not to depart from the determination they made of the case, on pretence of knowing better, nor even in any minute circumstance to deviate from it, but strictly and closely to keep unto it; though not to follow them so implicitly as to receive from them and embrace things the most absurd and unreasonable, as Jarchi suggests; who says, that their sense was to be abided by, even if they should say that the right hand is the left, and the left hand the right.

Gill: Deu 17:12

The judge of the country court that makes his application to that at Jerusalem for information and direction; if, after all, he is conceited in his own opinion, and rejects theirs, and is obstinate, and will not be guided and directed, but will take his own way, and pursue his own sense of things, and act according to that:

and will not hearken to the priest that standeth to minister there before the Lord thy God; the priests of the tribe of Levi, of whom the court generally consisted, Deu 17:9, priest for priests; though some think the high priest is meant, to whom the character very well agrees; but he was not always at the head of the sanhedrim, nor indeed a member of it, unless he had the proper qualifications; see Deu 18:18.

or unto the judge; or judges; See Gill on Deu 17:9. L'Empereur ^g thinks, that the supreme senate, or grand sanhedrim, was twofold, according to the diversity of ecclesiastic and political matters; since where it treats of the supreme senators, or chief persons in the court, the priest is manifestly distinguished from the judge (i.e. priests or judges); now the man that has asked advice of them, and will not be directed by it, but takes his own way, this being so great a contempt of, and insult upon, the great senate of the nation:

even that man shall die; and this was by strangling, for so the rebellious older, as such an one is called, was to die according to the Misnah ^h; and it is said ⁱ, that the death spoken of in the law absolutely (without specifying what kind of death) is strangling:

and thou shall put away the evil from Israel; the evil man that is rebellious against the supreme legislature of the nation, and the evil of contumacy he is guilty of, deterring others from it by his death.

Commentary -- Verse Notes / Footnotes

NET Notes: Deu 17:1

¹ tn Heb “to the Lord your God.” See note on “he” in 16:1.

² tn The Hebrew word תּוֹעֵבָה (to’evah, “an abomination”; cf. NAB) describes persons, things, or practices offensive to ritual or moral order. See M. Grisanti, NIDOTTE 4:314-18; see also the note on the word “abhorrent” in Deut 7:25.

NET Notes: Deu 17:2

¹ tn Heb “gates.”

² tn Heb “does the evil in the eyes of the Lord your God.”

NET Notes: Deu 17:3

¹ tc The MT reads “and to the sun,” thus including the sun, the moon, and other heavenly spheres among the gods. However, Theodotion and Lucian read “or to the sun,” suggesting perhaps that the sun and the other heavenly bodies are not in the category of actual deities.

² tn Heb “which I have not commanded you.” The words “to worship” are supplied in the translation for clarification.

NET Notes: Deu 17:4

¹ tn Heb “an abomination” (תּוֹעֵבָה); see note on the word “offensive” in v. 1.

NET Notes: Deu 17:5

¹ tn Heb “gates.”

² tn Heb “stone them with stones so that they die” (KJV similar); NCV “throw stones at that person until he dies.”

NET Notes: Deu 17:7

¹ tn Heb “the hand of the witnesses.” This means the two or three witnesses are to throw the first stones (cf. NCV, TEV, CEV, NLT).

² tn Heb “the hand of all the people.”

NET Notes: Deu 17:8

¹ tn Heb “between blood and blood.”

² tn Heb “between claim and claim.”

³ tn Heb “between blow and blow.”

⁴ tn Heb “gates.”

⁵ tc Several Greek recensions add “to place his name there,” thus completing the usual formula to describe the central sanctuary (cf. Deut 12:5, 11, 14, 18; 16:6). However, the context suggests that the local Levitical towns, and not the central sanctuary, are in mind.

NET Notes: Deu 17:12

¹ tn Heb “who acts presumptuously not to listen” (cf. NASB).

Geneva Bible: Deu 17:1

Thou shalt not sacrifice unto the LORD thy God [any] bullock, or sheep, wherein is ^{( a )} blemish, [or] any evilfavouredness: for that [is] an abomination unto the LORD thy God.

^{( a )} You shall not serve God for selfish means as the hypocrites do.

Geneva Bible: Deu 17:2

If there be found among you, within any of thy gates which the LORD thy God giveth thee, man or ^{( b )} woman, that hath wrought wickedness in the sight of the LORD thy God, in transgressing his covenant,

^{( b )} Showing that the crime cannot be excused by the frailty of the person.

Geneva Bible: Deu 17:3

And hath gone and served other gods, and worshipped them, either the sun, or moon, or any of the host of heaven, which I have not ^{( c )} commanded;

^{( c )} By which he condemns all religion and serving of God which God has not commanded.

Geneva Bible: Deu 17:7

The hands of the ^{( d )} witnesses shall be first upon him to put him to death, and afterward the hands of all the ^{( e )} people. So thou shalt put the evil away from among you.

^{( d )} By which they declared that they testify the truth.

^{( e )} To signify a common consent to maintain God's honour and true religion.

Geneva Bible: Deu 17:9

And thou shalt come unto the priests the Levites, and unto the ^{( f )} judge that shall be in those days, and enquire; and they shall shew thee the sentence of judgment:

^{( f )} Who will sentence as the priests counsel him by the Law of God.

Geneva Bible: Deu 17:11

According to the sentence of the law which they shall teach thee, and according to the judgment which they shall tell thee, ^{( g )} thou shalt do: thou shalt not decline from the sentence which they shall shew thee, [to] the right hand, nor [to] the left.

^{( g )} You shall obey their sentence that the controversy may have an end.

Geneva Bible: Deu 17:12

And the man that will do presumptuously, and will not hearken unto the priest that standeth to ^{( h )} minister there before the LORD thy God, or unto the judge, even that man shall die: and thou shalt put away the evil from Israel.

^{( h )} So long as he is the true minister of God, and pronounces according to his word.

Commentary -- Verse Range Notes

TSK Synopsis: Deu 17:1-20

1 The things sacrificed must be sound.

2 Idolaters must be slain.

8 Hard controversies are to be determined by the priests and judges.

12 The contemner of that determination must die.

14 The election;

16 and duty of a king.

MHCC: Deu 17:1-7

No creature which had any blemish was to be offered in sacrifice to God. We are thus called to remember the perfect, pure, and spotless sacrifice of Christ, and reminded to serve God with the best of our abilities, time, and possession, or our pretended obedience will be hateful to him. So great a punishment as death, so remarkable a death as stoning, must be inflicted on the Jewish idolater. Let all who in our day set up idols in their hearts, remember how God punished this crime in Israel.

MHCC: Deu 17:8-13

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.

Matthew Henry: Deu 17:1-7

Here is, I. A law for preserving the honour of God's worship, by providing that no creature that had any blemish should be offered in sacrifice to him, Deu 17:1. This caveat we have often met with: Thou shalt not sacrifice that which has any blemish, which renders it unsightly, or any evil matter or thing (as the following word night better be rendered), any sickness or weakness, though not discernible at first view; it is an abomination to God. God is the best of beings, and therefore whatsoever he is served with ought to be the best in its kind. And the Old Testament sacrifices in a special manner must be so, because they were types of Christ, who is a Lamb without blemish or spot (1Pe 1:19), perfectly pure from all sin and all appearance of it. In the latter times of the Jewish church, when by the captivity in Babylon they were cured of idolatry, yet they were charged with profaneness in the breach of this law, with offering the blind, and the lame, and the sick for sacrifice, Mal 1:8.

II. A law for the punishing of those that worshipped false gods. It was made a capital crime to seduce others to idolatry (ch. 13), here it is made no less to be seduced. If the blind thus mislead the blind, both must fall into the ditch. Thus God would possess them with a dread of that sin, which they must conclude exceedingly sinful when so many sanguinary laws were made against it, and would deter those from it that would not otherwise be persuaded against it; and yet the law, which works death, proved ineffectual. See here,

1. What the crime was against which this law was levelled, serving or worshipping other gods, Deu 17:3. That which was the most ancient and plausible idolatry is specified, worshipping the sun, moon, and stars; and, if that was so detestable a thing, much more was it so to worship stocks and stones, or the representations of mean and contemptible animals. Of this it is said, (1.) That it is what God had not commanded. He had again and again forbidden it; but it is thus expressed to intimate that, if there had been no more against it, this had been enough (for in the worship of God his institution and appointment must be our rule and warrant), and that God never commanded his worshippers to debase themselves so far as to do homage to their fellow-creatures: had God commanded them to do it, they might justly have complained of it as a reproach and disparagement to them; yet, when he has forbidden it, they will, from a spirit of contradiction, put this indignity upon themselves. (2.) That it is wickedness in the sight of God, Deu 17:2. Be it ever so industriously concealed, he sees it, and, be it ever so ingeniously palliated, he hates it: it is a sin in itself exceedingly heinous, and the highest affront that can be offered to Almighty God. (3.) That it is a transgression of the covenant. It was on this condition that God took them to be his peculiar people, that they should serve and worship him only as their God, so that if they gave to any other the honour which was due to him alone that covenant was void, and all the benefit of it forfeited. Other sins were transgressions of the command, but this was a transgression of the covenant. It was spiritual adultery, which breaks them marriage bond. (4.) That it is abomination in Israel, Deu 17:4. Idolatry was bad enough in any, but it was particularly abominable in Israel, a people so blessed with peculiar discoveries of the will and favour of the only true and living God.

2. How it must be tried. Upon information given of it, or any ground of suspicion that any person whatsoever, man or woman, had served other gods, (1.) Enquiry must be made, Deu 17:4. Though it appears not certain at first, it may afterwards upon search appear so; and, if it can possibly be discovered, it must not be unpunished; if not, yet the very enquiry concerning it would possess the country with a dread of it. (2.) Evidence must be given in, Deu 17:6. How heinous and dangerous soever the crime is, yet they must not punish any for it, unless there were good proof against them, by two witnesses at least. They must not, under pretence of honouring God, wrong an innocent man. This law, which requires two witnesses in case of life, we had before, Num 35:30; it is quoted, Mat 18:16.

3. What sentence must be passed and executed. So great a punishment as death, so great a death as stoning, must be inflicted on the idolater, whether man or woman, for the infirmity of the weaker sex would be no excuse, Deu 17:5. The place of execution must be the gate of the city, that the shame might be the greater to the criminal and the warning the more public to all others. The hands of the witnesses, in this as in other cases, must be first upon him, that is, they must cast the first stone at him, thereby avowing their testimony, and solemnly imprecating the guilt of his blood upon themselves if their evidence were false. This custom might be of use to deter men from false-witness bearing. The witnesses are really, and therefore it was required that they should be actually, the death of the malefactor. But they must be followed, and the execution completed, by the hands of all the people, who were thus to testify their detestation of the crime and to put the evil away from among them, as before, Deu 13:9.

Matthew Henry: Deu 17:8-13

Courts of judgment were ordered to be erected in every city (Deu 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, 1. It is here taken for granted that sometimes a case might come into their court too difficult for those inferior judges to determine, who could not be thought to be so learned in the laws as those that presided in the higher courts; so that (to speak in the language of our law) they must find a special verdict, and take time to advise before the giving of judgment (Deu 17:8): If there arise a matter too hard for thee in judgment, which it would be no dishonour to the judges to own the difficulty of, - suppose it between blood and blood, the blood of a person which cried and the blood of him that was charged with the murder which was demanded, when it was doubtful upon the evidence whether it was wilful or casual, - or between plea and plea, the plea (that is, the bill or declaration) of the plaintiff and the plea of the defendant, - or between stroke and stroke, in actions of assault and battery; in these and similar cases, thought the evidence were plain, yet doubts might arise about the sense and meaning of the law and the application of it to the particular case. 2. These difficult cases, which hitherto had been brought to Moses, according to Jethro's advice, were, after his death, to be brought to the supreme power, wherever it was lodged, whether in a judge (when there was such an extraordinary person raised up and qualified for that great service, as Othniel, Deborah, Gideon, etc.) or in the high-priest (when he was by the eminency of his gifts called of God to preside in public affairs, as Eli), or, if no single person were marked by heaven for this honour, then in the priests and Levites (or in the priests, who were Levites of course), who not only attended the sanctuary, but met in council to receive appeals from the inferior courts, who might reasonably be supposed, not only to be best qualified by their learning and experience, but to have the best assistance of the divine Spirit for the deciding of doubts, Deu 17:9, Deu 17:11, Deu 17:12. They are not appointed to consult the urim and thummim, for it is supposed that these were to be consulted only in cases relating to the public, either the body of the people or the prince; but in ordinary cases the wisdom and integrity of those that sat at the stern must be relied on, their judgment had not the divine authority of an oracle, yet besides the moral certainty it had, as the judgment of knowing, prudent, and experienced men, it had the advantage of a divine promise, implied in those words (Deu 17:9), They shall show thee the sentence of judgment; it had also the support of a divine institution, by which they were made the supreme judicature of the nation. 3. The definitive sentence given by the judge, priest, or great council, must be obeyed by the parties concerned, upon pain of death: Thou shalt do according to their sentence (Deu 17:10); thou shalt observe to do it, thou shalt not decline from it (Deu 17:11), to the right hand nor to the left. Note, It is for the honour of God and the welfare of a people that the authority of the higher power be supported and the due order of government observed, that those be obeyed who are appointed to rule, and that every soul be subject to them in all those things that fall within their commission. Though the party thought himself injured by the sentence (as every man is apt to be partial in is own cause), yet he must needs be subject, must stand to the award, how unpleasing soever, and bear, or lose, or pay, according to it, not only for wrath, but also for conscience' sake. But if an inferior judge contradict the sentence of the higher court and will not execute the orders of it, or a private person refuse to conform to their sentence, the contumacy must be punished with death, though the matter were ever so small in which the opposition was made: That man shall die, and all the people shall hear and fear, Deu 17:12, Deu 17:13. See here, (1.) The evil of disobedience. Rebellion and stubbornness, from a spirit of contradiction and opposition of God, or those in authority under him, from a principle of contempt and self-willedness, are as witchcraft and idolatry. To differ in opinion from weakness and infirmity may be excused and must be borne with; but to do so presumptuously, in pride and wickedness (as the ancient translations explain it), this is to take up arms against the government, and is an affront to him by whom the powers that be are ordained. (2.) The design of punishment: that others may hear and fear, and not do the like. Some would be so considerate as to infer the heinousness of the offence from the grievousness of the penalty, and therefore would detest it; and others would so far consult their own safety as to cross their humours by conforming to the sentence rather than to sin against their own heads, and forfeit their lives by going contrary to it. From this law the apostle infers the greatness of the punishment of which those will be thought worthy that trample on the authority of the Son of God, Heb 10:28, Heb 10:29.

Keil-Delitzsch: Deu 17:1

Not only did the inclination to nature-worship, such as the setting up of the idols of Ashera and Baal , belong to the crimes which merited punishment, but also a manifest transgression of the laws concerning the worship of Jehovah, such as the offering of an ox or sheep that had some fault, which was an abomination in the sight of Jehovah (see at Lev 22:20.). "Any evil thing," i.e., any of the faults enumerated in Lev 22:22-24.

Keil-Delitzsch: Deu 17:2-7

If such a case should occur, as that a man or woman transgressed the covenant of the Lord and went after other gods and worshipped them; when it was made known, the facts were to be carefully inquired into; and if the charge were substantiated, the criminal was to be led out to the gate and stoned. On the testimony of two or three witnesses, not of one only, he was to be put to death (see at Num 35:30); and the hand of the witnesses was to be against him first to put him to death, i.e., to throw the first stones at him, and all the people were to follow. With regard to the different kinds of idolatry in Deu 17:3, see Deu 4:19. (On Deu 17:4, see Deu 13:15.) "Bring him out to thy gates," i.e., to one of the gates of the town in which the crime was committed. By the gates we are to understand the open space near the gates, where the judicial proceedings took place (cf. Neh 8:1, Neh 8:3; Job. Deu 29:7), the sentence itself being executed outside the town (cf. Deu 22:24; Act 7:58; Heb 13:12), just as it had been outside the camp during the journey through the wilderness (Lev 24:14; Num 15:36), to indicate the exclusion of the criminal from the congregation, and from fellowship with God. The infliction of punishment in Deu 17:5. is like that prescribed in Deu 13:10-11, for those who tempted others to idolatry; with this exception, that the testimony of more than one witness was required before the sentence could be executed, and the witnesses were to be the first to lift up their hands against the criminal to stone him, that they might thereby give a practical proof of the truth of their statement, and their own firm conviction that the condemned was deserving of death, - "a rule which would naturally lead to the supposition that no man would come forward as a witness without the fullest certainty or the greatest depravity"(Schnell, das isr. Recht).

(Note: "He assigned this part to the witnesses, chiefly because there are so many whose tongue is so slippery, not to say good for nothing, that they would boldly strangle a man with their words, when they would not dare to touch him with one of their fingers. It was the best remedy, therefore, that could be tried for restraining such levity, to refuse to admit the testimony of any man who was not ready to execute judgment with his own hand"( Calvin ).)

המּת (Deu 17:6), the man exposed to death, who was therefore really ipso facto already dead. "So shalt thou put the evil away," etc.: cf. Deu 13:6.

Keil-Delitzsch: Deu 17:8-13

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 (Exo 18:26 and Exo 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.

Deu 17:8-9

" If there is to thee a matter too marvellous for judgment ( נפלא with מן , too wonderful, incomprehensible, or beyond carrying out, Gen 18:14, i.e., too difficult to give a judicial decision upon), between blood and blood, plea and plea, stroke and stroke (i.e., too hard for you to decide according to what legal provisions a fatal blow, or dispute on some civil matter, or a bodily injury, is to be settled), disputes in thy gates (a loosely arranged apposition in this sense, dispute of different kinds, such as shall arise in thy towns); arise, and get thee to the place which Jehovah thy God shall choose; and go to the Levitical priest and the judge that shall be in those days, and inquire ."Israel is addressed here as a nation, but the words are not to be supposed to be directed "first of all to the local courts (Deu 16:18), and lastly to the contending parties"( Knobel ), nor "directly to the parties to the suit"( Schultz ), but simply to the persons whose duty it was to administer justice in the nation, i.e., to the regular judges in the different towns and districts of the land. This is evident from the general fact, that the Mosaic law never recognises any appeal to higher courts by the different parties to a lawsuit, and that in this case also it is not assumed, since all that is enjoined is, that if the matter should be too difficult for the local judges to decide, they themselves were to carry it to the superior court. As Oehler has quite correctly observed in Herzog's Cyclopaedia, "this superior court was not a court of appeal; for it did not adjudicate after the local court had already given a verdict, but in cases in which the latter would not trust itself to give a verdict at all."And this is more especially evident from what is stated in Deu 17:10, with regard to the decisions of the superior court, namely, that they were to do whatever the superior judges taught, without deviating to the right hand or to the left. This is unquestionably far more applicable to the judges of the different towns, who were to carry out exactly the sentence of the higher tribunal, than to the parties to the suit, inasmuch as the latter, at all events those who were condemned for blood (i.e., for murder), could not possibly be in a position to alter the decision of the court at pleasure, since it did not rest with them, but with the authorities of their town, to carry out the sentence.

Moses did not directly institute a superior tribunal at the place of the sanctuary on this occasion, but rather assumed its existence; not however its existence at that time (as Riehm and other modern critics suppose), but its establishment and existence in the future. Just as he gives no minute directions concerning the organization of the different local courts, but leaves this to the natural development of the judicial institutions already in existence, so he also restricts himself, so far as the higher court is concerned, to general allusions, which might serve as a guide to the national rulers of a future day, to organize it according to the existing models. He had no disorganized mob before him, but a well-ordered nation, already in possession of civil institutions, with fruitful germs for further expansion and organization. In addition to its civil classification into tribes, families, fathers' houses, and family groups, which possessed at once their rulers in their own heads, the nation had received in the priesthood, with the high priest at the head, and the Levites as their assistants, a spiritual class, which mediated between the congregation and the Lord, and not only kept up the knowledge of right in the people as the guardian of the law, but by virtue of the high priest's office was able to lay the rights of the people before God, and in difficult cases could ask for His decision. Moreover, a leader had already been appointed for the nation, for the time immediately succeeding Moses' death; and in this nomination of Joshua, a pledge had been given that the Lord would never leave it without a supreme ruler of its civil affairs, but, along with the high priest, would also appoint a judge at the place of the central sanctuary, who would administer justice in the highest court in association with the priests. On the ground of these facts, sit was enough for the future to mention the Levitical priests and the judge who would be at the place of the sanctuary, as constituting the court by which the difficult questions were to be decided.

(Note: The simple fact, that the judicial court at the place of the national sanctuary is described in such general terms, furnishes a convincing proof that we have here the words of Moses, and not those of some later prophetic writer who had copied the superior court at Jerusalem of the times of the kings, as Riehm and the critics assume.)

For instance, the words themselves show distinctly enough, that by "the judge"we are not to understand the high priest, but the temporal judge or president of the superior court; and it is evident from the singular, " the priest that standeth to minister there before the Lord "(Deu 17:12), that the high priest is included among the priests. The expression " the priests the Levites "(Levitical priests), which also occurs in Deu 17:18; Deu 18:1; Deu 21:5; Deu 24:8; Deu 27:9; Deu 31:9, instead of "sons of Aaron,"which we find in the middle books, is quite in harmony with the time and character of the book before us. As long as Aaron was living with his sons, the priesthood consisted only of himself and his sons, that is to say, of one family. Hence all the instructions in the middle books are addressed to them, and for the most part to Aaron personally (vid., Ex 28 and 29; Lev 8-10; Num 18:1, etc.). This as all changed when Aaron died; henceforth the priesthood consisted simply of the descendants of Aaron and his sons, who were no longer one family, but formed a distinct class in the nation, the legitimacy of which arose from its connection with the tribe of Levi, to which Aaron himself had belonged. It was evidently more appropriate, therefore, to describe them as sons of Levi than as sons of Aaron, which had been the title formerly given to the priests, with the exception of the high priest, viz., Aaron himself. - In connection with the superior court, however, the priests are introduced rather as knowing and teaching the law (Lev 10:11), than as actual judges. For this reason appeal was to be made not only to them, but also to the judge, whose duty it was in any case to make the judicial inquiry and pronounce the sentence. - The object of the verb " inquire "(Deu 17:9) follows after "they shall show thee,"viz., "the word of right," the judicial sentence which is sought (2Ch 19:6).

Deu 17:10-11

They shall do " according to the sound of the word which they utter "(follow their decision exactly), and that "according to the sound of the law which they teach," and "according to the right which they shall speak." The sentence was to be founded upon the Thorah , upon the law which the priests had to teach.

Deu 17:12-13

No one was to resist in pride, to refuse to listen to the priest or to the judge. Resistance to the priest took place when any one was dissatisfied with his interpretation of the law; to the judge, when any one was discontented with the sentence that was passed on the basis of the law. Such refractory conduct was to be punished with death, as rebellion against God, in whose name the right had been spoken (Deu 1:17). (On Deu 17:13, see Deu 13:12.)

Constable: Deu 5:1--26:19

IV. MOSES' SECOND MAJOR ADDRESS: AN EXPOSITION OF THE LAW chs. 5--26

". . . Deuteronomy contains the most comprehensive body of laws in the Pentateuch. It is clearly intended to be consulted for guidance on many aspects of daily life, in sharp contrast with the laws of Leviticus, which are very restricted in scope and mainly concern the functions of the priesthood."⁶⁸

"Two of the major elements [in ancient Near Eastern covenant texts] . . . are lists of stipulations, the first of a general, principal nature and the second of a more specific and applicational kind. That is, the first spelled out in broad strokes the kinds of actions and reactions the Great King expected of his vassal, and the other offered examples of how these general expectations could and should be worked out in everyday life within the relationship.

"While a general correspondence exists between Deuteronomy and the secular treaty texts, especially in form, there are significant differences as well. Among these are the narrative sections and the extensive parenesis [exhortation], both of which are lacking in the extrabiblical models. It is important to note here, moreover, that Deuteronomy, in addition to being a covenant text, is also a law code, or, more precisely, contains a law code. The general stipulation section (5:1-11:32) and the specific stipulation section (12:1-26:15) function as such a law code and thus serve both in this capacity and in that of covenant stipulation. To put it more succinctly, the stipulations of the Deuteronomic covenant constitute the law code for the nation Israel that was about to enter the new conditions and expectations of life in the land of promise. This is why the following principles resemble both legal statutes and covenant stipulations at one and the same time."⁶⁹

Constable: Deu 12:1--25:19

B. An exposition of selected covenant laws 12-25

Moses' homiletical exposition of the law of Israel that follows explains reasons for the covenant laws that arose from the Ten Commandments. This address concludes with directions for celebrating and confirming the covenant (26:1-15). The section contains a mixture of laws previously revealed to the Israelites and other laws not previously revealed in the code given at Sinai (Exod. 20:1-23:19). This is instruction preached rather than codified as comprehensive legislation.

"The specific laws in this section were given to help the people subordinate every area of their lives to the LORD, and to help them eradicate whatever might threaten that pure devotion."¹⁴³

"Placement of the instruction about worship at the sanctuary in first position indicates clearly its priority for Deuteronomy, which assumes that the starting point for the proper, full, and exclusive love of the Lord (the primary demand of the first and second commandments and the Shema) is found in the way Israel carries out the activities of worship."¹⁴⁴

There is an obvious general movement from laws dealing with Israel's religious life (12:1-16:17) to those affecting her civil life (16:18-22:8) and finally to those touching personal life (22:9-26:15).

Two writers suggested the following outlines for these chapters.¹⁴⁵

Commandment	Merrill	Kaufman	Description
1	12:1-31	ch. 12	Fidelity
2	12:32-13:18	ch. 12	Worship
3	14:1-21	13:1-14:27	Name of God
4	14:22-16:17	14:28-16:17	Sabbath
5	16:18-18:22	16:18-18:22	Authority
6	19:1-22:8	19:1-22:8	Murder
7	22:9-23:18	22:9-23:19	Adultery
8	23:19-24:7	23:20-24:7	Theft
9	24:8-25:4	24:8-25:4	False witness
10	25:5-19	25:5-16	Coveting

". . . the entire second discourse of Moses (Deut. 5-26) is a single literary unit that convincingly demonstrates that the moral law informs the statutes, judgments . . . and commands of God."¹⁴⁶

In contrast with the Book of the Covenant (Exod. 20-23), the Deuteronomic Code, as some scholars prefer to call this section (chs. 12-26), is a popular exposition rather than a formal legal code. Its purpose was to explain to the generation entering the land all the laws that needed clarification, emphasis, and application, in view of Israel's imminent entrance into Canaan. These laws reflect a centralized, monarchical society.

The value of this section of Scripture to the Christian today lies primarily in its revelation of the heart, mind, and will of God. The modern student of these chapters should look for this kind of insight here.

Constable: Deu 16:18--19:1

5. Laws arising from the fifth commandment 16:18-18:22

The fifth commandment is, "Honor your father and your mother" (5:16). What follows is legislation that advocates respecting authority figures in the nation, which was an extended family.

"With the regency of Yahweh and the proper protocol by which He had to be approached having been established, the covenant text then addresses the human leaders who serve Him and exercise authority over the nation at large."¹⁸⁵

"Just as in its religious worship the Israelitish nation was to show itself to be the holy nation of Jehovah, so was it in its political relations also. This thought forms the link between the laws already given and those which follow."¹⁸⁶

Constable: Deu 16:18--17:14

Judges and similar officials 16:18-17:13

As in the other sections of Deuteronomy here too Moses' emphasis was on underlying principles more than on procedures. Here he stressed the principle of justice.

16:18-20 Probably the people chose the judges, and the leaders of the nation appointed them (cf. 1:13). "Judges" were individuals responsible for administering justice, and "officers" were administrators charged with the enforcement of law, perhaps similar to modern police officers.¹⁸⁷ The number of these in each town probably varied according to the needs of each community.

". . . in order to give the people and the judges appointed by them a brief practical admonition, as to the things they were more especially to observe in their administration of justice, Moses notices by way of example a few crimes that were deserving of punishment (vers. 21, 22, and chap. xvii. 1), and then proceeds in chap. xvii. 2-7 to describe more fully the judicial proceedings in the case of idolaters."¹⁸⁸

"For most of us today, the notion that it is always and everywhere wrong for a judge to take a gift from a litigant probably seems so obvious as to be virtually self-evident. Nevertheless, the fact remains that that idea has historically been far from apparent to a large part of humankind. In the ancient Near East, for instance, almost every society regarded the practice of judges taking gifts from litigants as being perfectly moral and absolutely legitimate . . .

". . . a gift-giver placed upon a recipient a binding moral obligation to respond in kind . . .

"Importantly, such reciprocity is not considered morally reprehensible. Indeed the failure of either judge or litigant to reciprocate is what is deemed immoral and unjust . . ."¹⁸⁹

In this respect then Israel was to be different from other nations.

". . . in Israel, as in much of the ancient world, the human judge was considered proxy for the divine judge. For instance, . . . in II Chronicles 19:6-7 . . ."¹⁹⁰

"Deuteronomy is passionately concerned about justice (Hebrew tsedeq, mishpat): Justice, and only justice, you shall pursue' (16:20, which makes this a condition of living and prospering in the land). This follows from the doctrine of Israel as a community of brothers' equal before God."¹⁹¹

16:21-22 An asherah (v. 21) was perhaps a sacred tree or group of trees or more probably a wooden pole that the Canaanites used in the worship of their female fertility goddess, Asherah. Asherah was evidently both the name of a Canaanite goddess as well as a cult object used in her worship. The pagans usually made their sacred pillars (v. 22) of stone or wood and used them in the worship of Baal, the male Canaanite god of fertility, and Asherah.

"In Canaan the asherah (trees,' pillars,' or groves') were associated with oracular verdicts by their gods and goddesses."¹⁹²

The judges were not to tolerate the planting (v. 21) of these trees or poles that were so common in Canaan that the people regarded them as a prominent part of the native culture.

Judges customarily dispensed justice in the open space near the main gate of the towns. This area was the main congregating place of the community (cf. Ruth 4:1-12).

17:1-7 God specified the method of execution as stoning for idolaters as well as other capital offenders. At least two and preferably three witnesses had to be willing to take the lead in stoning the convicted offender (vv. 6-7). These requirements were safeguards against injustice and perjury.

"The evidence must be adequate and credible; and anyone ready to make a serious accusation must be prepared to be executioner as well as witness."¹⁹³

17:8-13 Verses 2-7 explain a specific example of how the judges were to deal with a particular type of case. In these verses we have the legal procedure they were to follow in general.

When the priests would set up the tabernacle in the land the nation was to establish a supreme court to provide judgment in cases too difficult for the local judges. The location of this legal center may have been at the tabernacle¹⁹⁴, or it may have been at some other place.¹⁹⁵ At least two men would decide the case: a judge and a priest. The priest's function was to clarify how the law of God related to the case. The decision of this court was final, and the people were to regard it as the will of God. People who rejected the decisions of this court were to die because to do so was to rebel against the will of God (v. 12).

Guzik: Deu 17:1-20

Deuteronomy 17 - Laws Pertaining to the Rulers of Israel

A. Laws regarding justice and courts.

1. (1-5) Religious offenses.

You shall not sacrifice to the LORD your God a bull or sheep which has any blemish or defect, for that is an abomination to the LORD your God. If there is found among you, within any of your gates which the LORD your God gives you, a man or a woman who has been wicked in the sight of the LORD your God, in transgressing His covenant, who has gone and served other gods and worshiped them, either the sun or moon or any of the host of heaven, which I have not commanded, and it is told you, and you hear of it, then you shall inquire diligently. And if it is indeed true and certain that such an abomination has been committed in Israel, then you shall bring out to your gates that man or woman who has committed that wicked thing, and shall stone to death that man or woman with stones.

a. You shall not: This section, much like Exodus 21-23, is meant to give instructions to the judges of Israel in how to administrate justice for the nation. It is case law, upon which legal precedents for future cases may be understood.

b. Which has any blemish or defect, for that is an abomination to the LORD your God: God commanded that no one can bring to Him a sacrifice which has any blemish or defect, for that is an abomination to the LORD. God did not recognize the giving of cast-off, worthless items, as a true sacrifice unto Him. We have a tendency to always want to give God second best - if not third or fourth best. But God will not receive such a sacrifice.

i. There are countless jokes illustrating this point. One common on describes a farmer whose cow gave birth to twins, and he swore he would give one of the calves to God. He didn't decide which one to give to God, until one day one of the calves died. He said to his wife: "Guess what? God's calf died today!"

ii. Israel did not always live up to this standard: And when you offer the blind as a sacrifice, is it not evil? And when you offer the lame and sick, is it not evil? Offer it then to your governor! Would he be pleased with you? Would he accept you favorably?" Says the LORD of hosts. (Malachi 1:8)

iii. David powerfully illustrated the idea behind this commandment went he refused to accept the threshing floor of Araunah as a gift, which David was going to give to the LORD as the place to build the temple. David said, nor will I offer burnt offerings to the LORD my God with that which costs me nothing (2 Samuel 24:24). David understood that if it didn't cost something, it wasn't a sacrifice.

c. Who has gone and served other gods and worshiped them: Judges are also commanded to make sure that any who have gone after idolatry are to be investigated, and if found to be guilty, are to be executed.

2. (6-7) The standard of evidence in capital crimes.

Whoever is deserving of death shall be put to death on the testimony of two or three witnesses; he shall not be put to death on the testimony of one witness. The hands of the witnesses shall be the first against him to put him to death, and afterward the hands of all the people. So you shall put away the evil from among you.

a. Whoever is deserving of death shall be put to death on the testimony of two or three witnesses: There was never to be capital punishment unless there was evidence from at least two independent, unimpeachable sources.

i. We may comfort ourselves that we would never judge someone guilty of murder so quickly, without proper evidence. Yet many will murder someone's reputation in their own mind or in the minds of others with no witnesses, much less one.

ii. God is concerned about the murder of reputation, as well as physical murder, and commands that one should not receive an accusation against an elder except from two or three witnesses (1 Timothy 5:19) - the same standard as for proving murder.

iii. Remember 1 Timothy 5:19 does not say "except from two or three gossips"; it says except from two or three witnesses. If a matter is false, it does not become true because many people hear it or many people repeat it.

b. The hands of the witnesses shall be the first against him to put him to death: Additionally, the witnesses had to be so certain of what they saw, that they were willing to initiate the actual execution. This made certain that no one would be executed for a crime they did not commit.

i. This puts the words of Jesus regarding the woman taken in adultery in John 8 in perspective: He who is without sin among you, let him throw a stone at her first (John 8:7). Jesus asked for the official witness to step forward and identify themselves on record as having witnessed this act of adultery, yet was hypocritical enough to bring the woman and not the man.

c. And afterward the hands of all the people: The execution was a community event, in the sense that it was supported by the community. The whole village would know the justice of what was being done.

3. (8-13) Provision made for higher courts.

If a matter arises which is too hard for you to judge, between degrees of guilt for bloodshed, between one judgment or another, or between one punishment or another, matters of controversy within your gates, then you shall arise and go up to the place which the LORD your God chooses. And you shall come to the priests, the Levites, and to the judge there in those days, and inquire of them; they shall pronounce upon you the sentence of judgment. You shall do according to the sentence which they pronounce upon you in that place which the LORD chooses. And you shall be careful to do according to all that they order you. According to the sentence of the law in which they instruct you, according to the judgment which they tell you, you shall do; you shall not turn aside to the right hand or to the left from the sentence which they pronounce upon you. Now the man who acts presumptuously and will not heed the priest who stands to minister there before the LORD your God, or the judge, that man shall die. So you shall put away the evil from Israel. And all the people shall hear and fear, and no longer act presumptuously.

a. If a matter arises which is too hard for you to judge: God allowed for courts of appeal in Israel. These were higher courts where cases were taken beyond the local judges to the priests, the Levites - who were understood to be wiser judges because of their knowledge of God's Word

b. Now the man who acts presumptuously and will not heed the priest . . . that man shall die: The authority of the judges had to be respected, therefore contempt of court was a capital crime. God thought it essential that the courts and the judges be respected by the people of Israel.

B. Laws pertaining to kings.

1. (14-15) God's indirect promise of a future king for Israel.

When you come to the land which the LORD your God is giving you, and possess it and dwell in it, and say, "I will set a king over me like all the nations that are around me," you shall surely set a king over you whom the LORD your God chooses; one from among your brethren you shall set as king over you; you may not set a foreigner over you, who is not your brother.

a. I will set a king over me like all the nations that are around me: God looked forward - some 400 years forward - into Israel's future, to the time when they would demand a king. God warned them to set a king over you whom the LORD your God chooses, and that person had to be an Israelite and not a foreigner.

b. I will set a king over me: It is interesting to consider whether or not God wanted an earthly king over Israel. 1 Samuel 8:6-9, the record of Israel's demand for king, puts the request for a king in a negative light. One might ask if God really did want Israel to never have an earthly king, and if He wanted them to recognize Him alone as king.

i. It is a debatable issue; but consider that Israel's history without a king (the time of the book of Judges) was not a period of national glory. Perhaps we can say that God wanted Israel to have a king, but of His choosing, and at His timing. Saul is a perfect example of a king out of God's will, chosen by the nation and at their timing; David is a perfect example of a king chosen by God and in His timing.

2. (16-17) Commands for the king.

But he shall not multiply horses for himself, nor cause the people to return to Egypt to multiply horses, for the LORD has said to you, "You shall not return that way again." Neither shall he multiply wives for himself, lest his heart turn away; nor shall he greatly multiply silver and gold for himself.

a. He shall not multiply horses for himself: The future king of Israel must not put undue trust in military might.

b. Neither shall he multiply wives for himself: The future king of Israel must not put undue emphasis on physical indulgence and personal status.

c. Nor shall he greatly multiply silver and gold for himself: The future king of Israel must not put undue emphasis on personal wealth.

d. Lest His heart turn away: Each of these issues is a matter of balance. The king had to have some military power, but not too much; one wife and certain comforts, but not too much; some personal wealth, but not too much. Such balances are often the hardest to keep.

i. Solomon was a notorious breaker of these commands. He had forty thousand stalls of horses for his chariots (1 Kings 4:26), and Solomon had horses imported from Egypt (1 Kings 10:28). He had seven hundred wives, princesses, and three hundred concubines; and his wives turned away his heart (1 Kings 11:3). He surpassed all the kings of the earth in riches (1 Kings 10:23).

ii. Yet, all along, we might see Solomon knowing the commands of Deuteronomy 17, yet deceiving himself by asking the self-justifying questions, "How much is 'multiply'? I can handle this. I haven't gone too far." It might seem self-evident that 700 wives and 300 concubines is multiplying wives to yourself, but one should never underestimate the ability of the human heart to deceive itself in such situations.

iii. Each of these three areas reflects the places where many modern Christian leaders fall: In regard to power, pleasure, or money. God's commands for leaders have not changed; and neither has the need to be on guard against the self-deception in these things which felled Solomon.

3. (18-20) The king and the word of God.

Also it shall be, when he sits on the throne of his kingdom, that he shall write for himself a copy of this law in a book, from the one before the priests, the Levites. And it shall be with him, and he shall read it all the days of his life, that he may learn to fear the LORD his God and be careful to observe all the words of this law and these statutes, that his heart may not be lifted above his brethren, that he may not turn aside from the commandment to the right hand or to the left, and that he may prolong his days in his kingdom, he and his children in the midst of Israel.

a. He shall write for himself: It is striking to think of the king of Israel, laboring over parchment with a pen, making a personal copy of the law of Israel. This shows how greatly God wanted the word of God to be on the hearts of His rulers; God wanted every king to also be a scribe.

i. "Incidentally, the phrase a copy of this law (18) appears incorrectly in the LXX as 'this second law', to deuteronomion touto. It was this misunderstanding that gave rise to the English name Deuteronomy." (Thompson)

b. It shall be with him, and he shall read it all the days of his life: The word of God was to be constant companion of the king of Israel, and something he read every day.

i. All need the word of God; but the greater our responsibilities, the greater our need to depend on the truth of God's word.

c. That he may learn to fear the LORD his God and be careful to observe all the words of this law: Staying in the word of God was intended to build a reverence for God and a holy life in the king.

i. It is striking to consider that reading a book - the Great Book, the Bible - can keep a person from sin. We may not understand all the spiritual work behind the word of God, but staying in the word will keep one from sin. It has been well written in many Bibles: "This book will keep you from sin. Sin will keep you from this book."

ii. Luther said he would rather live in hell with the Bible than to live in Paradise without the Bible.

d. That his heart may not be lifted up: Staying in the word of God would keep the king properly humble, and help him to not think of himself as above those he ruled over.

i. "The Scriptures, diligently read and studied, are a powerful and probable means to keep him humble, because they show him that, though a king, he is subject to a higher Monarch, to whom he must give an account . . . sufficient to abate the pride of the haughtiest person in the world, if he duly consider it." (Poole)

© 2006 David Guzik - No distribution beyond personal use without permission

Introduction / Outline

JFB: Deuteronomy (Book Introduction)

DEUTERONOMY, the second law, a title which plainly shows what is the object of this book, namely, a recapitulation of the law. It was given in the form of public addresses to the people; and as Moses spoke in the prospect of his speedy removal, he enforced obedience to it by many forcible appeals to the Israelites, concerning their long and varied experience both of the mercies and the judgments of God. The minute notices of the heathen people with whom they had come in contact, but who afterward disappeared from the pages of history, as well as the accounts of the fertility and products of Canaan, and the counsels respecting the conquest of that country, fix the date of this book and the time of its composition by the hand of Moses. The close, however, must have been added by another; and, indeed, it is supposed by some to have formed the original preface to the Book of Joshua.

JFB: Deuteronomy (Outline)

• MOSES' SPEECH AT THE END OF THE FORTIETH YEAR. (Deu. 1:1-46)
• THE STORY IS CONTINUED. (Deu. 2:1-37)
• CONQUEST OF OG, KING OF BASHAN. (Deu. 3:1-20)
• AN EXHORTATION TO OBEDIENCE. (Deu 4:1-13)
• A PARTICULAR DISSUASIVE AGAINST IDOLATRY. (Deu. 4:14-40)
• A COMMEMORATION OF THE COVENANT IN HOREB. (Deu. 5:1-29)
• MOSES EXHORTS ISRAEL TO HEAR GOD AND TO KEEP HIS COMMANDMENTS. (Deu. 6:1-25)
• ALL COMMUNION WITH THE NATIONS FORBIDDEN. (Deu. 7:1-26)
• AN EXHORTATION TO OBEDIENCE. (Deu. 8:1-20)
• MOSES DISSUADES THEM FROM THE OPINION OF THEIR OWN RIGHTEOUSNESS. (Deu. 9:1-25)
• GOD'S MERCY IN RESTORING THE TWO TABLES. (Deu. 10:1-22)
• AN EXHORTATION TO OBEDIENCE. (Deu. 11:1-32)
• MONUMENTS OF IDOLATRY TO BE DESTROYED. (Deu 12:1-15)
• BLOOD PROHIBITED. (Deu 12:16-25)
• HOLY THINGS TO BE EATEN IN THE HOLY PLACE. (Deu 12:26-32)
• ENTICERS TO IDOLATRY TO BE PUT TO DEATH. (Deu 13:1-5)
• WITHOUT REGARD TO NEARNESS OF RELATION. (Deu 13:6-18)
• GOD'S PEOPLE MUST NOT DISFIGURE THEMSELVES IN MOURNING. (Deu 14:1-2)
• WHAT MAY BE EATEN, AND WHAT NOT. (Deu. 14:3-21)
• OF BEASTS. (Deu 14:4-8)
• THE SEVENTH YEAR, A YEAR OF RELEASE FOR THE POOR. (Deu 15:1-11)
• HEBREW SERVANTS' FREEDOM. (Deu 15:12-19)
• THE FEAST OF THE PASSOVER. (Deu. 16:1-22)
• THINGS SACRIFICED MUST BE SOUND. (Deu 17:1)
• IDOLATERS MUST BE SLAIN. (Deu 17:2-7)
• THE PRIESTS AND JUDGES TO DETERMINE CONTROVERSIES. (Deu 17:8-13)
• THE ELECTION AND DUTY OF A KING. (Deu 17:14-20)
• THE LORD IS THE PRIESTS' AND THE LEVITES' INHERITANCE. (Deu 18:1-8)
• THE ABOMINATIONS OF THE NATIONS ARE TO BE AVOIDED. (Deu 18:9-14)
• CHRIST THE PROPHET IS TO BE HEARD. (Deu 18:15-19)
• OF THE CITIES OF REFUGE. (Deu 19:1-13)
• THE LANDMARK IS NOT TO BE REMOVED. (Deu 19:14)
• TWO WITNESSES REQUIRED. (Deu 19:15)
• PUNISHMENT OF A FALSE WITNESS. (Deu 19:16-21) But if convicted of perjury, it will be sufficient for his own condemnation, and his punishment shall be exactly the same as would have overtaken the object of his malignant prosecution. (See on Exo 21:23; see also Lev 24:20).
• THE PRIESTS' EXHORTATION TO ENCOURAGE THE PEOPLE TO BATTLE. (Deu. 20:1-20)
• EXPIATION OF UNCERTAIN MURDER. (Deu 21:1-9)
• THE TREATMENT OF A CAPTIVE TAKEN TO WIFE. (Deu 21:10-23)
• OF HUMANITY TOWARD BRETHREN. (Deu 22:1-4)
• THE SEX TO BE DISTINGUISHED BY APPAREL. (Deu 22:5-12)
• WHO MAY AND WHO MAY NOT ENTER INTO THE CONGREGATION. (Deu. 23:1-25)
• OF DIVORCES. (Deu. 24:1-22)
• STRIPES MUST NOT EXCEED FORTY. (Deu. 25:1-19)
• THE CONFESSION OF HIM THAT OFFERS THE BASKET OF FIRST FRUITS. (Deu 26:1-15)
• THE PEOPLE ARE TO WRITE THE LAW UPON STONES. (Deu 27:1-10)
• THE TRIBES DIVIDED ON GERIZIM AND EBAL. (Deu 27:11-13)
• THE BLESSINGS FOR OBEDIENCE. (Deu. 28:1-68)
• AN EXHORTATION TO OBEDIENCE. (Deu. 29:1-29)
• THE COMMANDMENT IS MANIFEST. (Deu 30:11-14)
• DEATH AND LIFE ARE SET BEFORE THE ISRAELITES. (Deu 30:15-20)
• MOSES ENCOURAGES THE PEOPLE AND JOSHUA. (Deu 31:1-8)
• HE DELIVERS THE LAW TO THE PRIESTS, TO READ IT EVERY SEVENTH YEAR TO THE PEOPLE. (Deu 31:9-13)
• MOSES' SONG, WHICH SETS FORTH THE PERFECTIONS OF GOD. (Deu. 32:1-43)
• THE MAJESTY OF GOD. (Deu. 33:1-28)
• MOSES FROM MOUNT NEBO VIEWS THE LAND. (Deu 34:1-12)

TSK: Deuteronomy (Book Introduction)

The book of Deuteronomy marks the end of the Pentateuch, commonly called the Law of Moses; a work every way worthy of God its author, and only less than the New Testament, the Law and Gospel of our Lord and Saviour Jesus Christ. Its antiquity places it at the head of all the writings in the world; and the various subjects it embraces render it of the utmost importance to every part of the civilized world. Its philosophy, history, geography, and chronology entitle it to the respect of the whole human race; while its system of theology and religion demonstrably proves it to be a revelation from God. The Law of Moses is more properly the Law of Jehovah, יהוה [Strong’s 03068] תורה [Strong’s 08451], torah yehowah , the grand title of the Pentateuch. Could we conceive Moses to have been the author of this system, we must consider him more than mortal - no wisdom of man has ever yet invented such a Code of Laws. His merit, however, has been disputed, and his laws severely criticised, by persons whose interest it was to prove religion a cheat, because they had none themselves. To some, whose mental taste and feeling are strangely perverted, everything in heathenism wears not only the most fascinating aspect, but appears to lay claim to and possess every excellence; and hence they have called up Confucius, Menu, Zoraster, and Mohammed himself, to dispute the palm with Moses! On this subject in general, it may be just necessary to add, that the utmost that can be said of all laws, merely human, is, that they restrain vices, through the terror of punishment. God’s law not only restrains vice, but it infuses virtue. It alone brings man to the footstool of his Maker; and keeps him dependent on the strong for strength, on the wise for wisdom, and on the merciful for grace. It abounds with promises of support, and salvation for the present life, which no false system dared ever to propose. every where, Moses, in the most confident manner, pledges his God for the fulfilment of all the exceeding great and precious promises, with which his laws are so plentifully interspersed; and while they were obedient they could say, " Not one word hath failed us, of all the good things which the Lord our God spake concerning us." Who that dispassionately reads the Pentateuch, that considers it in itself and in its reference to that glorious Gospel which it was intended to introduce, can for a moment deny it the palm of infinite superiority over all the systems ever framed or imagined by man? Well might the Israelitish people triumphantly exclaim, " There is none like the God of Jeshurun!" and with what striking propriety does the glorious legislator add, " Happy art thou, O Israel! who is like unto thee? O people, saved of the Lord!" Finally, the treasures of wisdom and knowledge, which are amassed in these five books, have enriched the whole civilized earth, and, indeed, greatly promoted that very civilization. They have been a kind of text-book to almost every writer on geology, geography, chronology, astronomy, natural history, ethics, jurisprudence, political economy, theology, poetry, and criticism, from the time of Moses to the present day - books to which the choicest writers and philosophers in Pagan antiquity, have been deeply indebted; and which were the text-books to all the prophets - books from which the flimsy writers against Divine Revelation have derived their natural religion, and all their moral excellence - books written in all the energy, and purity, of the incomparable language in which they are composed; and lastly, books, which for importance of matter, variety of information, dignity of sentiment, accuracy of facts, impartiality, simplicity, and sublimity of narration, tending to improve and ennoble the intellect and ameliorate the physical and moral condition of man, have never been equalled, and can only be paralleled by the Gospel of the Son of God! Fountain of endless mercy, justice, truth, and beneficence! How much are thy gifts and bounties neglected by those who do not read this law; and by those who having read it, are not morally improved by it, and made wise unto salvation!

TSK: Deuteronomy 17 (Chapter Introduction)

Overview

Deu 17:1, The things sacrificed must be sound; Deu 17:2, Idolaters must be slain; Deu 17:8, Hard controversies are to be determined by the priests and judges; Deu 17:12, The contemner of that determination must die; Deu 17:14, The election; Deu 17:16, and duty of a king.

Poole: Deuteronomy (Book Introduction)

FIFTH BOOK of MOSES, CALLED DEUTERONOMY

THE ARGUMENT

Moses, in the two last months of his life, rehearseth what God had done for them, and their frequent murmurings, rebellions, and constant ingratitude. He begs to enter into the land, but is permitted only to see it. He forbiddeth any communion with the nations for several reasons, De 8 . He gives a short repetition of those sundry laws, moral, ceremonial, judicial, and military, which he had given them, from whence this book is called DEUTERONOMY. Then, after many exhortations, he prophesieth of Christ; afterwards he shows how matters of war are to be managed, and, giving many other particular directions with reference to duties, conditions, and persons of both sexes, he pronounceth blessings on the obedient, and curses on the disobedient: he then gives a charge for laying up and reading of the law at certain times, and every seven years to be solemnly read before all the people; he composeth a song for common use, comprising the wonderful things here mentioned: he prophesieth of Christ’ s coming, and the calling of the Gentiles, seeth the land, and dieth, leaving Joshua, after he had consecrated him, to succeed.

Poole: Deuteronomy 17 (Chapter Introduction)

CHAPTER 17

They are not to offer blemished sacrifices, Deu 17:1 . Idolaters are to be put to death, Deu 17:2-7 . Doubts in difficult matters to be resolved by priests and judges, Deu 17:8-13 . To choose a king of their own brethren, and not a stranger, Deu 17:14,15 . The duty of their king, Deu 17:16-20 .

MHCC: Deuteronomy (Book Introduction)

This book repeats much of the history and of the laws contained in the three foregoing books: Moses delivered it to Israel a little before his death, both by word of mouth, that it might affect, and by writing, that it might abide. The men of that generation to which the law was first given were all dead, and a new generation was sprung up, to whom God would have it repeated by Moses himself, now they were going to possess the land of Canaan. The wonderful love of God to his church is set forth in this book; how he ever preserved his church for his own mercies sake, and would still have his name called upon among them. Such are the general outlines of this book, the whole of which shows Moses' love for Israel, and marks him an eminent type of the Lord Jesus Christ. Let us apply the exhortations and persuasions to our own consciences, to excite our minds to a believing, grateful obedience to the commands of God.

MHCC: Deuteronomy 17 (Chapter Introduction)

(Deu 17:1-7) All sacrifices to be perfect, Idolaters must be slain.

(Deu 17:8-13) Difficult controversies.

(Deu 17:14-20) The choice of a king, His duties.

Matthew Henry: Deuteronomy (Book Introduction)

An Exposition, with Practical Observations, of The Fifth Book of Moses, Called Deuteronomy

This book is a repetition of very much both of the history and of the laws contained in the three foregoing books, which repetition Moses delivered to Israel (both by word of mouth, that it might affect, and by writing, that it might abide) a little before his death. There is no new history in it but that of the death of Moses in the last chapter, nor any new revelation to Moses, for aught that appears, and therefore the style here is not, as before, The Lord spoke unto Moses, saying. But the former laws are repeated and commented upon, explained and enlarged, and some particular precepts added to them, with copius reasonings for the enforcing of them: in this Moses was divinely inspired and assisted, so that this is as truly the word of the Lord by Moses as that which was spoken to him with an audible voice out of the tabernacle of the congregation , Lev 1:1. The Greek interpreters call it Deuteronomy, which signifies the second law, or a second edition of the law, not with amendments, for there needed none, but with additions, for the further direction of the people in divers cases not mentioned before. Now, I. It was much for the honour of the divine law that it should be thus repeated; how great were the things of that law which was thus inculcated, and how inexcusable would those be by whom they were counted as a strange thing! Hos 8:12. II. There might be a particular reason for the repeating of it now; the men of that generation to which the law was first given were all dead, and a new generation had sprung up, to whom God would have it repeated by Moses himself, that, if possible, it might make a lasting impression upon them. Now that they were just going to take possession of the land of Canaan, Moses must read the articles of agreement to them, that they might know upon what terms and conditions they were to hold and enjoy that land, and might understand that they were upon their good behaviour in it. III. It would be of great use to the people to have those parts of the law thus gathered up and put together which did more immediately concern them and their practice; for the laws which concerned the priests and Levites, and the execution of their offices, are not repeated: it was enough for them that they were once delivered. But, in compassion to the infirmities of the people, the laws of more common concern are delivered a second time. Precept must be upon precept, and line upon line, Isa 28:10. The great and needful truths of the gospel should be often pressed upon people by the ministers of Christ. To write the same things (says Paul, Phi 3:1) to me indeed is not grievous, but for you it is safe. What God has spoken once we have need to hear twice, to hear many times, and it is well if, after all, it be duly perceived and regarded. In three ways this book of Deuteronomy was magnified and made honourable: - 1. The king was to write a copy of it with his own hand, and to read therein all the days of his life, ch. 17, 18, 19. 2. It was to be written upon great stones plastered, at their passing over Jordan, Deu 27:2, Deu 27:3. 3. It was to be read publicly every seventh year, at the feast of tabernacles, by the priests, in the audience of all Israel, Deu 31:9, etc. The gospel is a kind of Deuteronomy, a second law, a remedial law, a spiritual law, a law of faith; by it we are under the law of Christ, and it is a law that makes the comers thereunto perfect.

This book of Deuteronomy begins with a brief rehearsal of the most remarkable events that had befallen the Israelites since they came from Mount Sinai. In the fourth chapter we have a most pathetic exhortation to obedience. In the twelfth chapter, and so on to the twenty-seventh, are repeated many particular laws, which are enforced (ch. 27 and 28) with promises and threatenings, blessings and curses, formed into a covenant, ch. 29 and 30. Care is taken to perpetuate the remembrance of these things among them (ch. 31), particularly by a song (ch. 32), and so Moses concludes with a blessing, ch. 33. All this was delivered by Moses to Israel in the last month of his life. The whole book contains the history but of two months; compare Deu 1:3 with Jos 4:19, the latter of which was the thirty days of Israel's mourning for Moses; see how busy that great and good man was to do good when he knew that his time was short, how quick his motion when he drew near his rest. Thus we have more recorded of what our blessed Saviour said and did in the last week of his life than in any other. The last words of eminent persons make or should make deep impressions. Observe, for the honour of this book, that when our Saviour would answer the devil's temptations with, It is written, he fetched all his quotations out of this book, Mat 4:4, Mat 4:7, Mat 4:10.

Matthew Henry: Deuteronomy 17 (Chapter Introduction)

The charge of this chapter is, I. Concerning the purity and perfection of all those animals that were offered in sacrifice (Deu 17:1). II. Concerning the punishment of those that worshipped idols (Deu 17:2-7). III. Concerning appeals from the inferior courts to the great sanhedrim (Deu 17:8-13). IV. Concerning the choice and duty of a king (Deu 17:14, etc.).

Constable: Deuteronomy (Book Introduction)

Introduction

Title

The title of this book in the Hebrew Bible was its first two words, elleh haddebarim, which translate into English as "these are the words" (1:1). Ancient Near Eastern suzerainty treaties began with exactly the same words.¹ So the Jewish title gives a strong clue to the literary character of Deuteronomy.

The English title comes from the Septuagint (Greek) translation. "Deuteronomy" means "second law" in Greek. We might suppose that this title arose from the idea that Deuteronomy records the law as Moses repeated it to the new generation of Israelites who were preparing to enter the land. This is not the case. It came from a mistranslation of a phrase in 17:18. There God commanded Israel's kings to prepare "a copy of this law" for themselves. The Septuagint translators mistakenly rendered this phrase "this second [repeated] law." The Vulgate (Latin) translation, influenced by the Septuagint, translated the phrase "second law" as deuteronomium from which Deuteronomy is a transliteration. Deuteronomy is to some extent, however, a repetition to the new generation of the Law God gave at Mt. Sinai. Thus God overruled the translators' error and gave us a title for the book in English that is appropriate in view of the contents of the book.

Date and Writer

Moses evidently wrote this book on the plains of Moab shortly before his death, which occurred about 1406 B.C.

The Mosaic authorship of this book is quite easy to establish. The book claims to be the words of Moses (1:5, 9; 5:1; 27:1, 8; 29:2; 31:1, 30; 33:1, 29) and his writing (31:9, 22, 24). Other Old Testament books also assert the Mosaic authorship of Deuteronomy (1 Kings 2:3; 8:53; 2 Kings 14:6; 18:6, 12). Jesus Christ believed Moses wrote Deuteronomy (Matt. 19:7-8; Mark 10:3-5; 12:19; John 5:46-47) as did the Apostle Peter (Acts 3:22), Stephen (Acts 7:37-38), Paul (Rom. 10:19; 1 Cor. 9:9), and the author of the Epistle to the Hebrews (Heb. 10:28).

"The authorship of no other book in the Old Testament is so explicitly emphasized."²

The form in which Moses wrote Deuteronomy is very similar to that of ancient Near Eastern suzerainty-vassal treaties dating before and during the Mosaic era. This structural evidence confirms an early date of composition.³

Most conservative commentators prefer to regard the record of Moses' death and a few editorial comments as the work of a later writer or writers. Of course, Moses could have written these verses too.

In spite of such conclusive evidence some scholars prefer a later date for Deuteronomy. The critics favor a post-Mosaic but pre-seventh century date, a seventh century date in King Josiah's era, or a postexilic date.⁴

Scope

Deuteronomy is similar to Leviticus in that both books contain a record of instructions and speeches almost exclusively. Deuteronomy is not so much a book of history, as Genesis, Exodus, and Numbers are, as it is a book of law. In contrast to Leviticus, however, Moses addressed Deuteronomy to all the Israelites more than to the priests and Levites.

The scope of history covered in Deuteronomy is very brief. All the events recorded took place on the plains of Moab probably within a few weeks just before Israel's entrance into Canaan.

"According to the Index locorum of Nestle's Novum Testamentum Graece Deuteronomy is quoted or otherwise cited at least 95 times in the New Testament (compared to 103 for Genesis, 113 for Exodus, 35 for Leviticus, and 20 for Numbers), making it one of the favorite Old Testament books of Jesus and the apostles."⁵

Character

"The book of Deuteronomy is the document prepared by Moses as a witness to the dynastic covenant which the Lord gave to Israel in the plains of Moab (cf. 31:26)."⁶

Theology

"In line with the general correspondence of the form of a thing to its function, it is safe to say that one cannot understand the theology of Deuteronomy without reference to its covenant form and structure . . . It is no exaggeration to maintain that the concept of covenant lies at the very heart of the book and may be said to be the center of its theology.

"Covenant by its very definition demands at least three elements--the two contracting parties and the document that describes and outlines the purpose, nature, and requirements of the relationship. Thus the three major rubrics of the theology of Deuteronomy are (1) Yahweh, the Great King and covenant initiator; (2) Israel, the vassal and covenant recipient; and (3) the book itself, the covenant organ, complete with the essentials of standard treaty documents. This means, moreover, that all the revelation of the book must be seen through the prism of covenant and not abstractly removed from the peculiar historical and ideological context in which it originated."⁷

"The theological values of Deuteronomy can hardly be exaggerated. It stands as the wellspring of biblical historical revelation. It is a prime source for both OT and NT theology. Whether the covenant, the holiness of God, or the concept of the people of God is the unifying factor of OT theology, each finds emphasis and remarkable definition in Deuteronomy."⁸

Message⁹

Let me share with you a couple of quotations that point out the importance of this book.

"Deuteronomy is one of the greatest books of the Old Testament. Its significance on the domestic and personal religion of all ages has not been surpassed by any other book in the Bible. It is quoted over eighty times in the New Testament . . . in all but six books . . . and thus it belongs to a small group of four Old Testaments books (Genesis, Deuteronomy, Psalms, and Isaiah) to which the early Christians made frequent reference."¹⁰

"The book of Deuteronomy is the most important book in the Old Testament from the standpoint of God's revelation to man."¹¹

Deuteronomy is not just a recapitulation of things previously revealed in Exodus, Leviticus, and Numbers. It is a selective digest of matters most important to the average Israelite in his or her relationship with God. Moses spoke as an aged father to his children. These are the parting words of the man who communed with God face to face. His words in Deuteronomy spring from a personal and intimate knowledge of God that had matured over 120 years.

One of the striking features of this book is the frequent references to love that recur throughout it. God's love for the patriarchs and later the whole nation of Israel is obvious in the previous four books of the Pentateuch, but Moses never articulated it directly. In Deuteronomy for the first time Moses revealed that it was God's love for Israel that motivated Him to deal with the Israelites as He had.

One of the great revelations of this book is the motivation of God. God's love for people moved Him to bless. Moses referred to God's love for people as the motivation of His government in three of the book's major sections.

It constitutes the climax of Moses' first address to the people (1:6-4:40) in which he reviewed God's faithfulness to the Israelites. It was because God loved them that He had treated them as He had (4:32-40, esp. v. 37).

In the second address, which is an exposition of the Mosaic Law (chs. 5-26), Moses explained that God's love motivated His laws (7:7-11; 10:12-22, esp. v. 15; 15:16; 23:5; et al.).

In the conclusion of the book, which records Moses' blessing of the nation (ch. 33), he again reminded the people of God's love for them (33:2-5, esp. v. 3a).

Not only does Deuteronomy reveal that God's love is what motivates Him to govern His people as He does. It also emphasizes that man's love for God should be what motivates us to obey God (cf. 1 John 4:19). This theme too recurs throughout the book.

In Moses' review of the law (chs. 5-26) he called on the Israelites to love God (5:9-10; 6:4-5; 7:9; 10:12-13; 11:1, 13-14, 22-23; 13:1-13, esp. vv. 1-3; 19:8-9). The Israelites' obedience to God's laws expressed their love for God. Love is the most proper and adequate motivation for obedience and service.

We hear this theme again in Moses' third address (chs. 29-30) in which Moses exhorted the new generation of Israelites to obey their covenant, the Mosaic Covenant (30:6, 15-20).

The message of the book then is that God's love for man is the motivation of His government, and man's love for God should be the motivation of his obedience.

This emphasis on love appears even more striking in comparison with other ancient Near Eastern suzerain-vassal treaties. The ancient Near Eastern kings delineated clearly the rights of the ruler and the responsibilities of the subjects in these documents. However the motivation was self-interest, the opposite of love. Concern for others was present, but self-interest predominated.

Since Moses set Deuteronomy in the form of a suzerain-vassal treaty we can learn much about how he viewed Israel's relationship to God.

To quote Thompson again, "Both the literary shape of Deuteronomy and its underlying central concept provide an important clue to the basic theology of the book. Yahweh, the God of Israel, appears in a strong covenantal setting. He is the great King, the Lord of the covenant. From this central concept Israel's finest theological ideas derived."¹²

These "ideas" include the fact that Yahweh is the Lord of the covenant and the God of history.

Obedience to God and His covenant brings blessing whereas disobedience incurs curses. Israel was the people of the covenant.

The people were to worship their Lord by loving Him with their hearts and remembering Him and His acts with their minds.

There are perhaps four basic implications of this revelation and these correspond to four major sections of the book.

1. It is important to remember God's past faithfulness to appreciate His love (1:6-4:40). God commanded the Israelites to remember. Forgetfulness was a sin that would lead them to ingratitude and ultimately to apostasy. To forget was to rebel against God. Remembering the past would remind the people of God's love and rekindle their love for Him. Love as well as trust rests on confidence. We can love God only when we have confidence in Him.

2. God's laws are an expression of His love (chs. 5-26). Because man is a sinner he needs divine laws. God's provision of these laws is an expression of His love for mankind. The specific laws in the Mosaic Code expressed God's love because God intended them to result in Israel's blessing and welfare. Often we think laws are undesirable because they curb our freedom. However, God curbs our freedom to keep us from evil, not to keep us from good.

3. Only love for God will adequately motivate a person to be obedient to God's laws (chs. 27-28). These laws in Israel were so severe that the only motive strong enough to produce consistent obedience was love. Moses urged the Israelites to cultivate their love for God as they prepared to renew the covenant. Self-confidence had failed their fathers, and it would fail them too. Obedience to God can be a joyful or a bitter experience depending on one's motivation.

When we know God we love Him, and when we love God we will want to obey Him.

4. Obedience to God demonstrates love for Him (chs. 29-30). While it is possible to obey God with lesser motives, it is impossible to be consistently obedient without love for God. Consistent obedience is not the same as sinless perfection. The measure of one's love for God is the measure of his or her obedience to the revealed will of God (1 John 5:3). The degree of our commitment to do the will of God is the true measure of our love for God. The real test of our love for God is what we do more than how we feel.

Constable: Deuteronomy (Outline)

Outline

I. Introduction: the covenant setting 1:1-5

II. Moses' first major address: a review of God's faithfulness 1:6-4:40

A. God's past dealings with Israel 1:6-3:29

1. God's guidance from Sinai to Kadesh 1:6-46

2. The march from Kadesh to the Amorite frontier 2:1-23

3. The conquest of the kingdom of Sihon 2:24-37

4. The conquest of the kingdom of Og 3:1-11

5. A review of the distribution of the conquered land 3:12-20

6. Moses' anticipation of future blessing 3:21-29

B. An exhortation to observe the law faithfully 4:1-40

1. The appeal to hearken and obey 4:1-8

2. God's appearance at Mt. Horeb 4:9-14

3. The prohibition of idolatry 4:15-24

4. The consequences of idolatry 4:25-31

5. The uniqueness of Yahweh and Israel 4:32-40

III. Historical interlude: preparation for the covenant text 4:41-49

A. The appointment of cities of refuge in Transjordan 4:41-43

B. Introduction to the second address 4:44-49

IV. Moses' second major address: an exposition of the law chs. 5-26

A. The essence of the law and its fulfillment ch. 5-11

1. Exposition of the Decalogue and its promulgation ch. 5

2. Exhortation to love Yahweh ch. 6

3. Examples of the application of the principles chs. 7-11

B. An exposition of selected covenant laws 12-25

1. Laws arising from the first commandment 12:1-31

2. Laws arising from the second commandment 12:32-13:18

3. Laws arising from the third commandment 14:1-21

4. Laws arising from the fourth commandment 14:22-16:17

5. Laws arising from the fifth commandment 16:18-18:22

6. Laws arising from the sixth commandment 19:1-22:8

7. Laws arising from the seventh commandment 22:9-23:18

8. Laws arising from the eighth commandment 23:19-24:7

9. Laws arising from the ninth commandment 24:8-25:4

10. Laws arising from the tenth commandment 25:5-19

C. Covenant celebration, confirmation, and conclusion ch. 26

1. Laws of covenant celebration and confirmation 26:1-15

2. Summary exhortation 26:16-19

V. Preparations for renewing the covenant chs. 27:1-29:1

A. The ceremony at Shechem 27:1-13

B. The curses that follow disobedience to specific stipulations 27:14-26

C. The blessings that follow obedience 28:1-14

D. The curses that follow disobedience to general stipulations 28:15-68

E. Narrative interlude 29:1

VI. Moses' third major address: an exhortation to obedience chs. 29:2-30:20

A. An appeal for faithfulness 29:2-29

1. Historical review 29:2-8

2. The purpose of the assembly 29:9-15

3. The consequences of disobedience 29:16-29

B. A call to decision ch. 30

1. The possibility of restoration 30:1-10

2. The importance of obedience 30:11-20

VII. Moses' last acts chs. 31-34

A. The duties of Israel's future leaders 31:1-29

1. The presentation of Joshua 31:1-8

2. The seventh year covenant renewal ceremony 31:9-13

3. The commissioning of Joshua 31:14-23

4. The preservation of God's words 31:24-29

B. The Song of Moses 31:30-32:44

1. The introduction to the song 31:30

2. The song itself 32:1-43

3. The conclusion to the song 32:44

C. Narrative interlude 32:45-52

1. Moses' exhortation to obedience 32:45-47

2. The announcement of Moses' death 32:48-52

D. Moses' blessing of the tribes ch. 33

E. Moses' death and burial: narrative epilogue ch. 34

You will notice that there is a general alternation between narrative (sections I, III, V, and VII) and didactic (sections II, IV, and VI) material. However there is some mixture of narrative and didactic material in sections V and VII.

We can also divide the revelation in this book according to the general arrangement of the typical form of a suzerain-vassal treaty that was common in the ancient Near East.¹³

I. Preamble: Covenant mediator 1:1-5

II. Historical prologue: Covenant history 1:6-4:49

III. Stipulations: Covenant life chs. 5-26

A. The Great Commandment chs. 5-11

B. Ancillary commandments chs. 12-26

IV. Sanctions: Covenant ratification chs. 27-30

V. Dynastic disposition: Covenant continuity chs. 31-34

Constable: Deuteronomy

Deuteronomy

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Copyright 2003 by Thomas L. Constable

Haydock: Deuteronomy (Book Introduction)

INTRODUCTION.

THE BOOK OF DEUTERONOMY.

This Book is called Deuteronomy, which signifies a second law , because it repeats and inculcates the ordinances formerly given on Mount Sinai, with other precepts not expressed before. The Hebrews, from the first words in the Book, call it Elle Haddebarim . (Challoner) --- It may be divided into many discourses, which Moses made to the people during the last two months of his life. (Haydock) --- The first was delivered by him on the first day of the eleventh month of the fortieth year, since the deliverance of the Hebrews out of Egypt, and relates various particulars which had occurred to them. In chap. iv. 41, and following, and a supplement from the Book of Numbers is given to this discourse. Chap. v., a fresh exhortation to the people commences, which continues until chap. xxii., where the famous blessings and maledictions, from the mountains of Garizim and Hebal, are related. In the following chapters, Moses exhorts the people, in the most pathetic manner, to be faithful to the Lord, adding the strongest threats and promises to enforce their compliance; and having appointed Josue to succeed him, and repeated that beautiful canticle which God ordered them to write, (chap. xxxi. 19,) he gives the Book of Deuteronomy, to be kept with care, (ver. 9,) blesses the tribes like a good and tender father, and gives up his soul to God on Mount Nebo in the 120th year of his age. (Calmet) --- There can be no doubt but that Moses was the author of this book, as well as of the four preceding ones; though the last chapter may, perhaps, form a part of the Book of Josue, which formerly was written immediately after the works of Moses, without any such marks of distinction as we find at present. The whole Bible seemed to make but one verse. How easily, therefore, might the account of the death of Moses be taken in, as forming a part of the Pentateuch, when the different books came to be distinguished by separate titles! Such an insertion cannot hurt the general claim of Moses to be the author of the Pentateuch; or, if it should be thought to do so, no absolute proof can be brought to shew that he did not write this chapter also, by the spirit of prophecy. All the people spoke to Esdras, the scribe, to bring the book of the law of Moses, which the Lord had commanded, to Israel. The whole nation of the Jews has all along maintained, that Moses wrote these books: and he himself repeatedly asserts that he was ordered to leave on record many things of importance. Hence both internal and external evidence concur to establish his title to them; and if we be not disposed to cavil with all other authors, and to deny that Demosthenes, for example, Cæsar, and others, have written the works which bear their names, we must confess that the Pentateuch is to be attributed to the Jewish legislator. Yet if this were a matter of doubt, the things contained in these books could not, on that account, be controverted. How many anonymous works have been published which are of unquestionable authority! Many of the books of Scripture are of this nature. But as we have every reason to believe, that they have come down to us without any material corruption, and were written by people of veracity, by divine inspiration, they deserve to be regarded as authentic records. This is true, whether we speak of the originals or of the versions authorized by the Church; though it should suffice to stop the mouths of infidels, if we can procure an authentic history of the Bible by the collation of the different copies which are extant. Thus, where the Hebrew editions appear to be incorrect, they may receive great light from the Samaritan copy of the Pentateuch, and from the versions of the Septuagint, and of other respectable authors on the whole Bible. The variations, which we may discover, are not of such moment, but that, if the very worst copy were selected, we should find the same great outlines of Scripture history, the same precepts of faith and morality. The laws of Moses, which are scattered through his five books, may be seen all together in their natural order, collected by Cornelius a Lapide and Calmet. But the spirit of God was pleased to intersperse historical facts among them, which both shew the occasion on which they were given, and enable us to read them with greater pleasure and satisfaction. The four preceding books might be compared to the four Gospels; Deuteronomy represents the whole, (Ven. Bede) and may be styled a Diatessaron, as it recalls to our mind the great Creator of all things, who was about to fulfil the promises which he had made to the Patriarchs. Almost all those to whom Moses addresses himself, had been unborn or very young, when their parents received God's commands at Sinai, and wandered in the desert. He therefore gives them an account of what had happened during the last eventful period of forty years. He shews what had brought on so many disasters, and cautions his hearers, that if they imitate the perfidy of their fathers, as he foresees, with sorrow, that they will, (chap. xxxi.) they must expect to be treated with no less severity. This prediction we behold verified, at the present day, in the persons of the scattered remnants of Israel. How sublime! how terrifying are the truths which Moses enforces with so much earnestness! The same threats which he denounces against the perfidious Jews, regard us in some measure. If we feel not their effects at present, in being driven out from our country, we have more reason to fear lest we should be excluded from our heavenly inheritance, if we do not repent. (Haydock)

Gill: Deuteronomy (Book Introduction)

INTRODUCTION TO DEUTERONOMY

This book is sometimes called "Elleh hadebarim", from the words with which it begins; and sometimes by the Jews "Mishneh Torah", the repetition of the law; and so in the Syriac version, with which agrees the Arabic title of it; and when the Greeks, and we after them, call it "Deuteronomy", it is not to be understood of a second, a new, or another law, but of the law formerly delivered, but now repeated, and also more largely explained; to which are likewise added several particular laws, instructions, and directions; all which were necessary, on account of the people of Israel, who were now a new generation, that either were not born, or not at an age to hear and understand the law when given on Mount Sinai; the men that heard it there being all dead, excepting a very few; and these people were also now about to enter into the land of Canaan, which they were to enjoy as long as they kept the law of God, and no longer, and therefore it was proper they should be reminded of it; and besides, Moses was now about to leave them, and having an hearty desire after their welfare, spends the little time he had to be with them, by inculcating into them and impressing on them the laws of God, and in opening and explaining them to them, and enforcing them on them, which were to be the rule of their obedience, and on which their civil happiness depended. And sometimes the Jews call this book "the book of reproofs", because there are in it several sharp reproofs of the people of Israel for their rebellion and disobedience; and so the Targums of Jonathan and Jerusalem begin it by calling it the words of reproof which Moses spake, &c. That this book was written by Moses there can be no doubt, from Deu 1:1, only the eight last verses, which give an account of his death, and of his character, were wrote by another hand, equally inspired by God, as either Eleazar the priest, as some, or Samuel the prophet, as others; or, as it is the more commonly received opinion of the Jews, Ezra; though it is highly probable they were wrote by Joshua his successor. This book was written and delivered by Moses, at certain times in the last month of his life, and towards the close of the fortieth year of the children of Israel's coming out of Egypt. And that it is of divine authority need not be questioned, when the several quotations out of it are observed, as made by the apostles of Christ, in Act 3:22, Heb 10:30 out of Deu 18:15 and by our Lord himself, Mat 18:16 from Deu 19:15. Yea, it is remarkable, that all the passages of Scripture produced by Christ, to repel the temptations of Satan, are all taken out of this book, Mat 4:7 compared with Deu 8:3, and the voice from heaven, directing the apostles to hearken to him, refers to a prophecy of him in Deu 18:15.

Gill: Deuteronomy 17 (Chapter Introduction)

INTRODUCTION TO DEUTERONOMY 17

This chapter begins with a caution not to sacrifice anything to the Lord that is blemished or ill favoured, Deu 17:1, an order is given to put to death men or women guilty of idolatry, where it is clearly proved upon them, Deu 17:2 and it is directed that when cases are too hard for inferior judges to determine, they should be brought to Jerusalem to the priests, Levites, and judges, which formed the great consistory there, whose sentence was to be adhered unto on pain of death, Deu 17:8, and rules are given about the choice of a king, and he is informed what he must not do, and what he should do, Deu 17:14.