
Text -- Deuteronomy 17:8-13 (NET)




Names, People and Places, Dictionary Themes and Topics



collapse allCommentary -- 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.

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.

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 tho...
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 distin...
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.
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.
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 t...
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.

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

The evil thing, that scandal, that pernicious example.

Wesley: Deu 17:13 - -- He only foresees and foretells what they would do, but doth not approve of it. Yea when they did this thing for this very reason, he declares his utte...
He only foresees and foretells what they would do, but doth not approve of it. Yea when they did this thing for this very reason, he declares his utter dislike of it, 1Sa 8:7.
JFB -> Deu 17:8-13
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.

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 rebel...
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 17:8 - -- 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,

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 prophet...
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

Calvin: Deu 17:13 - -- 13.And all the people He shews from the object of the enactment why the proud despisers (of the priests) were not to be spared; for punishments have ...
13.And all the people He shews from the object of the enactment why the proud despisers (of the priests) were not to be spared; for punishments have reference to common example, whilst, on the other hand, impunity is a bait to sin, and the nurse of unbridled licentiousness. And, assuredly, when He commands that the whole people should be inspired with terror, it is a hint that, unless presumption should be corrected, and the bold and wicked should be restrained by severe discipline, the door would be opened to them to destroy the Church.
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 ...

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, ...

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 25:3-1...

collapse allCommentary -- Word/Phrase Notes (per Verse)
Barnes -> Deu 17:8-13
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.

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,...
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 ...
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...
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, Ex...
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 17:8 - -- 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."

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 cou...
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)

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, ac...
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 execut...
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)

Haydock: Deu 17:13 - -- Pride. Hebrew, "do presumptuously," as the Protestants translate. How will they excuse their leaders, Luther, &c., and themselves, from this grievo...
Pride. Hebrew, "do presumptuously," as the Protestants translate. How will they excuse their leaders, Luther, &c., and themselves, from this grievous charge? If the person, who presumed to assert that the leprosy had not infected some one, whom the priests condemned, (ver. 8,) could not escape death, shall we esteem those innocent whom the whole Church rejects? Hic niger est, hunc tu Romane caveto. (Horace) (Haydock)
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.

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 ...
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 court...
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 a...
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 ow...
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.

Gill: Deu 17:13 - -- And all the people shall hear, and fear,.... All the people of Israel in their own cities, and particularly the judges in those cities; they shall hea...
And all the people shall hear, and fear,.... All the people of Israel in their own cities, and particularly the judges in those cities; they shall hear of what is done to the obstinate and disobedient elder, and shall be afraid to commit the like offence, lest they should come into the same punishment:
and do no more presumptuously; after his example; hence, Jarchi says, they wait till the feast comes, and then put him to death; and so it is said k, they bring him up to the great sanhedrim which is at Jerusalem, and there keep him until the feast (the next feast), and put him to death at the feast, as it is said:
all the people shall hear, and fear.

expand allCommentary -- 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...

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 sent...

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 ...

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 t...

expand allCommentary -- Verse Range Notes
TSK Synopsis -> Deu 17:1-20
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
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
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
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...
