Deuteronomy 16:18 | Jamieson, Fausset & Brown

Judges and officers shall thou make thee,.... Judges were fixed in the sanhedrim, or court of judicature, and those that have lawsuits come before them; officers are masters of the staff and whip, and they stand before the judges, and go into markets, streets, and shops, to order the weights and measures, and to smite all that do wrong; and all they do is by order of the judges; so Maimonides (s): the qualifications of judges to be chosen and constituted by the people are thus described by him. In the sanhedrim, greater or lesser, they place only men wise and understanding, expert in the wisdom of the law, and masters of great knowledge, and that know some of the other sciences, as medicine, arithmetic, astronomy, and astrology, the ways of soothsayers, diviners, and wizards, and the vanities of idolatry, that they may know how to judge them; and they set in the sanhedrim only priests, Levites, and Israelites, who are genealogized; nor do they set an old man there, nor an eunuch, nor a king, but an high priest, if he is qualified with wisdom; and they must be free from blemishes, and of a good stature and appearance, and understand many languages, and not hear by an interpreter; and though all this was not precisely required of the sanhedrim of three judges, yet these same things ought to be in everyone of them, wisdom, and meekness, and fear, and hatred of money, and love of truth, and love of men, and to be of a good report (t) and these were to be placed in

all thy gates which the Lord thy God giveth thee throughout thy tribes; that is, in every city, as Onkelos, and so Jarchi; and usually the courts of judicature were held in the gates of cities, and it was only in the land of Israel, not without it, that they were obliged to set up courts of judicature, as Maimonides (u) observes; who also asks, how many courts were fixed in Israel, and what the number they consisted of? to which he answers, they fixed at first the great court in the sanctuary, and it was called the great sanhedrim, and its number were seventy one; and again, they set up two courts of twenty three, one at the door of the court, and the other at the door of the mountain of the house (and so in the Misnah) (w); and they set up in every city in Israel, in which were one hundred and twenty (men or families) or more, a lesser sanhedrim, which sat in the gate, and their number were twenty three judges; in a city in which there were not one hundred and twenty, they placed three judges, for there is no court less than three (x):

and they shall judge the people with just judgment; give a right and just sentence in all cases that come before them, according to the laws of God, and the rules of justice and equity.

(s) Hilchot Sanhedrin, c. 1. sect. 1.((t) Ib. c. 2. sect. 1, 2, 3, 4, 5, 6, 7. (u) Ib. c. 1. sect. 2.((w) Sanhedrin, c. 10. sect. 2.((x) Ib. sect. 3, 4.

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. Civil order - that indispensable condition of the stability and prosperity of nations and states - rests upon a conscientious maintenance of right by means of a well-ordered judicial constitution and an impartial administration of justice. - For the purpose of settling the disputes of the people, Moses had already provided them with judges at Sinai, and had given the judges themselves the necessary instructions for the fulfilment of their duties (Ex 18). This arrangement might suffice as long as the people were united in one camp and had Moses for a leader, who could lay before God any difficult cases that were brought to him, and give an absolute decision with divine authority. But for future times, when Israel would no longer possess a prophet and mediator like Moses, and after the conquest of Canaan would live scattered about in the towns and villages of the whole land, certain modifications and supplementary additions were necessary to adapt this judicial constitution to the altered circumstances of the people. Moses anticipates this want in the following provisions, in which he first of all commands the appointment of judges and officials in every town, and gives certain precise injunctions as to their judicial proceedings (Deut 16:18-17:7); and secondly, appoints a higher judicial court at the place of the sanctuary for the more difficult cases (Deu 17:8-13); and thirdly, gives them a law for the future with reference to the choice of a king (Deu 16:14-20).

Deu 16:18-20

Appointment and Instruction of the Judges. - Deu 16:18. "Judges and officers thou shalt appoint thee in all thy gates (place, see at Exo 20:10), which Jehovah thy God shall give thee, according to thy tribes." The nation is addressed as a whole, and directed to appoint for itself judges and officers, i.e., to choose them, and have them appointed by its rulers, just as was done at Sinai, where the people chose the judges, and Moses inducted into office the persons so chosen (cf. Deu 1:12-18). That the same course was to be adopted in future, is evident from the expression, "throughout thy tribes," i.e., according to thy tribes, which points back to Deu 1:13. Election by majorities was unknown to the Mosaic law. The shoterim, officers (lit., writers, see at Exo 5:6), who were associated with the judges, according to Deu 1:15, even under the previous arrangement, were not merely messengers and servants of the courts, but secretaries and advisers of the judges, who derived their title from the fact that they had to draw up and keep the genealogical lists, and who are mentioned as already existing in Egypt as overseers of the people and of their work (see at Exo 5:6; and for the different opinions concerning their official position, see Selden, de Synedriis, i. pp. 342-3). The new features, which Moses introduces here, consist simply in the fact that every place was to have its own judges and officers, whereas hitherto they had only been appointed for the larger and smaller divisions of the nation, according to their genealogical organization. Moses lays down no rule as to the number of judges and shoterim to be appointed in each place, because this would depend upon the number of the inhabitants; and the existing arrangement of judges over tens, hundreds, etc. (Exo 18:21), would still furnish the necessary standard. The statements made by Josephus and the Rabbins with regard to the number of judges in each place are contradictory, or at all events are founded upon the circumstances of much later times (see my Archologie, ii. pp. 257-8). - These judges were to judge the people with just judgment. The admonition in Deu 16:19 corresponds to the instructions in Exo 23:6 and Exo 23:8. "Respect persons:" as in Deu 1:17. To this there is added, in Deu 16:20, an emphatic admonition to strive zealously to maintain justice. The repetition of the word justice is emphatic: justice, and nothing but justice, as in Gen 14:10, etc. But 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 (Deu 16:21, Deu 16:22, and Deu 17:1), and then proceeds in Deu 17:2-7 to describe more fully the judicial proceedings in the case of idolaters.

Here is, I. Care taken for the due administration of justice among them, that controversies might be determined, matters in variance adjusted, the injured redressed, and the injurious punished. While they were encamped in the wilderness, they had judges and officers according to their numbers, rulers of thousands and hundreds, Exo 18:25. When they came to Canaan, they must have them according to their towns and cities, in all their gates; for the courts of judgment sat in the gates. Now, 1. Here is a commission given to these inferior magistrates: "Judges to try and pass sentence, and officers to execute their sentences, shalt thou make thee." However the persons were pitched upon, whether by the nomination of their sovereign or by the election of the people, the power were ordained of God, Rom 13:1. And it was a great mercy to the people thus to have justice brought to their doors, that it might be more expeditious and less expensive, a blessing which we of this nation ought to be very thankful for. Pursuant to this law, besides the great sanhedrim that sat at the sanctuary, consisting of seventy elders and a president, there was in the larger cities, such as had in them above 120 families, a court of twenty-three judges, in the smaller cities a court of three judges. See this law revived by Jehoshaphat, Ch2 19:5, Ch2 19:8. 2. Here is a command given to these magistrates to do justice in the execution of the trust reposed in them. Better not judge at all than not judge with just judgment, according to the direction of the law and the evidence of the fact. (1.) The judges are here cautioned not to do wrong to any (Deu 16:19), nor to take any gifts, which would tempt them to do wrong. This law had been given before, Exo 23:8. (2.) They are charged to do justice to all: "That which is altogether just shalt thou follow, Deu 16:20. Adhere to the principles of justice, act by the rules of justice, countenance the demands of justice, imitate the patterns of justice, and pursue with resolution that which appears to be just. Justice, justice, shalt thou follow." This is that which the magistrate is to have in his eye, on this he must be intent, and to this all personal regards must be sacrificed, to do right to all and wrong to none.

II. Care taken for the preventing of all conformity to the idolatrous customs of the heathen, Deu 16:21, Deu 16:22. They must not only not join with the idolaters in their worships, not visit their groves, nor bow before the images which they had set up, but, 1. They must not plant a grove, nor so much as a tree, near God's altar lest they should make it look like the altars of the false gods. They made groves the places of their worship either to make it secret (but that which is true and good desires the light rather), or to make it solemn, but the worship of the true God has enough in itself to make it so and needs not the advantage of such a circumstance. 2. They must not set up any image, statue, or pillar, to the honour of God, for it is a thing which the Lord hates; nothing belies or reproaches him more, or tends more to corrupt and debauch the minds of men, than representing and worshipping by an image that God who is an infinite and eternal Spirit.

16:18-17:13 The community of Israel, like any political entity, needed leaders of different kinds to provide cohesion and guidance. The Lord directed Moses to establish an appropriate leadership structure. He also laid out the criteria for selecting the leaders and the responsibilities of each office.

16:18 The combination of the words judges and officials might suggest that here the two terms are functionally synonymous. Usually officials is a generic title applied to any public leader, but here it seems to refer to an administrator of law and justice or something like police officers, as in modern Hebrew. • fairly: The idea was to measure up to an objective standard of equity that neither public nor private pressure could alter.

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