Deuteronomy 17:9

Deuteronomy 17:9 . Unto the priests — 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, comprehended here under the priests, whereof he was the chief. By judges, here, seems to be meant those supreme judges of the nation, whom God raised up when the Israelites were oppressed by their enemies, such as Gideon, Jephthah, Samson, Samuel, &c. Such judges were, by their office, invested with the highest authority, civil as well as military; for to judge Israel was to administer justice, as well as to command armies. Moses seems to intimate, that the Hebrew commonwealth was to retain, after his death, the same form as it had now when he was alive; for he himself was the supreme judge, or administrator of justice, to whom the more difficult causes were to be referred, Deuteronomy 1:17 . So Joshua was judge after him, and many other.

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, Psalm 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 Exodus 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.

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 Exodus 18:23-27 ). The Supreme court Deuteronomy 17:9 is referred to in very general terms as sitting at the sanctuary Deuteronomy 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 2 Chronicles 19:4-11 organized his judicial system very closely upon the lines here laid down.

De 17:8-13. The Priests and Judges to Determine Controversies. 8-13. If there arise a matter too hard for thee in judgment—In all civil or criminal cases, where there was any doubt or difficulty in giving a decision, the local magistrates were to submit them by reference to the tribunal of the Sanhedrim—the supreme council, which was composed partly of civil and partly of ecclesiastical persons. "The priests and Levites," should rather be "the priests—the Levites"; that is, the Levitical priests, including the high priest, who were members of the legislative assembly; and who, as forming one body, are called "the judge." Their sittings were held in the neighborhood of the sanctuary because in great emergencies the high priest had to consult God by Urim (Nu 27:21). From their judgment there was no appeal; and if a person were so perverse and refractory as to refuse obedience to their sentences, his conduct, as inconsistent with the maintenance of order and good government, was then to be regarded and punished as a capital crime.

9 . unto the priests the Levites ] See on Deuteronomy 10:8 , Deuteronomy 18:1 . The omission of these words by LXX B is due to careless copying, and in no way supports Steuernagel’s analysis of the text into two laws (see introd. note). unto the judge that shall be in those days ] That is of course either the King, as in 2 Samuel 14:3 ; 2 Samuel 15:2 ff., 1 Kings 3:16 ff., or some official or officials appointed by him, 2 Samuel 15:3 , and Jeremiah 26, according to which Jeremiah was tried, on the complaint of the priests, by the sarim, lay officers or princes , under the King. The plur. is thus used in Deuteronomy 19:17 : the priests and the judges which shall be in those days . inquire ] darash as in Deuteronomy 13:14 , q.v.shew ] Heb. declare to or announce to . sentence ] Heb. word .