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Text -- Deuteronomy 17:8 (NET)

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Context
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.
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Names, People and Places, Dictionary Themes and Topics

Dictionary Themes and Topics: STRIKE | Priest | Pleading | PLEAD | PENTATEUCH, 2B | Moses | MURRAIN | MURDER | LAW OF MOSES | Judge | HARD; HARDINESS; HARDDINESS; HARDLY | Gate | Galilee | GATE, EAST | Court | Church | CONTROVERSY | Assault and Battery | APPEAL | more
Table of Contents

Word/Phrase Notes
Wesley , JFB , Clarke , Calvin , TSK

Word/Phrase Notes
Barnes , Poole , Haydock , Gill

Verse Notes / Footnotes
NET Notes

Verse Range Notes
TSK Synopsis , MHCC , Matthew Henry , Keil-Delitzsch , Constable , Guzik

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Commentary -- Word/Phrase Notes (per phrase)

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 ...

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.

In civil causes, about words or estates.

Wesley: Deu 17:8 - -- In criminal causes, concerning blows, or wounds inflicted by one man upon another.

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.

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 mag...

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.

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 t...

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 17:8 - -- 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...

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.

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...

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.

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 ...

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Commentary -- Word/Phrase Notes (per Verse)

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 super...

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 17:8 - -- 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 Jerusal...

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.

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...

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."

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 ...

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.

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Commentary -- Verse Notes / Footnotes

NET Notes: Deu 17:8 Several Greek recensions add “to place his name there,” thus completing the usual formula to describe the central sanctuary (cf. Deut 12:5...

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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 o...

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, prud...

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...

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 diff...

Constable: Deu 5:1--26:19 - --IV. MOSES' SECOND MAJOR ADDRESS: AN EXPOSITION OF THE LAW chs. 5--26 ". . . Deuteronomy contains the most compre...

Constable: Deu 12:1--25:19 - --B. An exposition of selected covenant laws 12-25 Moses' homiletical exposition of the law of Israel that...

Constable: Deu 16:18--19:1 - --5. Laws arising from the fifth commandment 16:18-18:22 The fifth commandment is, "Honor your fat...

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 pr...

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 sacrific...

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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 for...

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 E...

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 th...

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 th...

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 ...

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 ...

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, ...

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 ...

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 ...

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. Concer...

Constable: Deuteronomy (Book Introduction) Introduction Title The title of this book in the Hebrew Bible was its first two words,...

Constable: Deuteronomy (Outline) Outline I. Introduction: the covenant setting 1:1-5 II. Moses' first major address: a review...

Constable: Deuteronomy Deuteronomy Bibliography Adams, Jay. Marriage, Divorce and Remarriage in the Bible. Phillipsburg, N.J.: Presbyt...

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 ...

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 "Mishne...

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...

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