2 Chronicles 19:11
2Ch 19:8-11 Besides this, Jehoshaphat established at Jerusalem a supreme tribunal for the decision of difficult cases, which the judges of the individual cities could not decide. 2Ch 19:8. “Moreover, in Jerusalem did Jehoshaphat set certain of the Levites, and of the priests, and of the chiefs of the fathers'-houses of Israel, for the judgment of the Lord, and for controversies (לריב).” From this clause Berth. correctly draws the conclusion, that as in Jerusalem, so also in the fenced cities (2Ch 19:5), it was Levites, priests, and heads of the fathers'-houses who were made judges. This conclusion is not inconsistent with the fact that David appointed 6000 of the Levites to be shoterim and judges; for it does not follow from that that none but Levites were appointed judges, but only that the Levites were to perform an essential part in the administration of the law. The foundation of the judicial body in Israel was the appointment of judges chosen from the elders of the people (Exo 18:21.; Deu 1:15.) by Moses, at Jethro’s instigation, and under the divine sanction, David had no intention, by his appointment of some thousands of Levites to be officials (writers) and judges, to set aside the Mosaic arrangement; on the contrary, he thereby gave it the expansion which the advanced development of the kingdom required. For the simple relationships of the Mosaic time, the appointment of elders to be judges might have been sufficient; but when in the course of time, especially after the introduction of the kingship, the social and political relations became more complicated, it is probable that the need of appointing men with special skill in law, to co-operate with the judges chosen from among the elders, in order that justice might be administered in a right way, and in a manner corresponding to the law, made itself increasingly felt; that consequently David had felt himself called upon to appoint a greater number of Levites to this office, and that from that time forward the courts in the larger cities were composed of Levites and elders. The supreme court which Jehoshaphat set up in Jerusalem was established on a similar basis. For יהוה למשׁפּט we have in 2Ch 19:11 דּבר־יהוה לכל, i.e., for all matters connected with religion and the worship and instead of קריב we have המּלך דּבר לכל, for every matter of the king, i.e., for all civil causes. The last clause, 2Ch 19:8, ירוּשׁלים ויּשׁבוּ, cannot signify that the men called to this supreme tribunal went to Jerusalem to dwell there thenceforth (Ramb., etc.), or that the suitors went thither; for שׁוּב does not denote to betake oneself to a place, but to return, which cannot be said of the persons above named, since it is not said that they had left Jerusalem. With Kimchi and others, we must refer the words to the previous statement in 2Ch 19:4, וגו בּעם ויּצא, and understand them as a supplementary statement, that Jehoshaphat and those who had gone forth with him among the people returned to Jerusalem, which would have come in more fittingly at the close of 2Ch 19:7, and is to be rendered: “when they had returned to Jerusalem.” The bringing in of this remark at so late a stage of the narrative, only after the establishment of the supreme tribunal has been mentioned, is explained by supposing that the historian was induced by the essential connection between the institution of the supreme court and the arrangement of the judicatories in the provincial cities, to leave out of consideration the order of time in describing the arrangements made by Jehoshaphat.
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