Deu 16:18-17:7 | KD | STEP | Appointment and Instruction of the Judges. - Deu 16:18. “ Judges and officers thou shalt appoint thee in all thy gates (place, see at ), 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. ). 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 ), who were associated with the judges, according to , 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 ; 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. ( ), 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 Archäologie , ii. pp. 257-8). - These judges were to judge the people with just judgment. The admonition in corresponds to the instructions in and Exo 23:8. “Respect persons:” as in Deu 1:17. To this there is added, in , an emphatic admonition to strive zealously to maintain justice. The repetition of the word justice is emphatic: justice, and nothing but justice, as in , 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 ( , , and ), and then proceeds in to describe more fully the judicial proceedings in the case of idolaters.

‏ Deuteronomy 16:18-22

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 Archäologie, 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. Deu 16:21

“Thou shalt not plant thee as asherah any wood beside the altar of Jehovah.” נטע, to plant, used figuratively, to plant up or erect, as in Ecc 12:11; Dan 11:25; cf. Isa 51:16. Asherah, the symbol of Astarte (see at Exo 34:13), cannot mean either a green tree or a grove (as Movers, Relig. der Phönizier, p. 572, supposes), for the simple reason that in other passages we find the words עשׂה, make (1Ki 14:15; 1Ki 16:33; 2Ki 17:16; 2Ki 21:3; 2Ch 33:3), or הצּיב, set up (2Ki 17:10), העמיד, stand up (2Ch 33:19), and בּנה, build (1Ki 14:23), used to denote the erection of an asherah, not one of which is at all suitable to a tree or grove. But what is quite decisive is the fact that in 1Ki 14:23; 2Ki 17:10; Jer 17:2, the asherah is spoken of as being set up under, or by the side of, the green tree. This idol generally consisted of a wooden column; and a favourite place for setting it up was by the side of the altars of Baal. Deu 16:22

They were also to abstain from setting up any mazzebah, i.e., any memorial stone, or stone pillar dedicated to Baal (see at Exo 23:24).

‏ Deuteronomy 17:1-7

Deu 17:1

Not only did the inclination to nature-worship, such as the setting up of the idols of Ashera and Baal, belong to the crimes which merited punishment, but also a manifest transgression of the laws concerning the worship of Jehovah, such as the offering of an ox or sheep that had some fault, which was an abomination in the sight of Jehovah (see at Lev 22:20.). “Any evil thing,” i.e., any of the faults enumerated in Lev 22:22-24. Deu 17:2-7

If such a case should occur, as that a man or woman transgressed the covenant of the Lord and went after other gods and worshipped them; when it was made known, the facts were to be carefully inquired into; and if the charge were substantiated, the criminal was to be led out to the gate and stoned. On the testimony of two or three witnesses, not of one only, he was to be put to death (see at Num 35:30); and the hand of the witnesses was to be against him first to put him to death, i.e., to throw the first stones at him, and all the people were to follow. With regard to the different kinds of idolatry in Deu 17:3, see Deu 4:19. (On Deu 17:4, see Deu 13:15.) “Bring him out to thy gates,” i.e., to one of the gates of the town in which the crime was committed. By the gates we are to understand the open space near the gates, where the judicial proceedings took place (cf. Neh 8:1, Neh 8:3; Job. Deu 29:7), the sentence itself being executed outside the town (cf. Deu 22:24; Act 7:58; Heb 13:12), just as it had been outside the camp during the journey through the wilderness (Lev 24:14; Num 15:36), to indicate the exclusion of the criminal from the congregation, and from fellowship with God. The infliction of punishment in Deu 17:5. is like that prescribed in Deu 13:10-11, for those who tempted others to idolatry; with this exception, that the testimony of more than one witness was required before the sentence could be executed, and the witnesses were to be the first to lift up their hands against the criminal to stone him, that they might thereby give a practical proof of the truth of their statement, and their own firm conviction that the condemned was deserving of death, - “a rule which would naturally lead to the supposition that no man would come forward as a witness without the fullest certainty or the greatest depravity” (Schnell, das isr. Recht). ^{▼▼“He assigned this part to the witnesses, chiefly because there are so many whose tongue is so slippery, not to say good for nothing, that they would boldly strangle a man with their words, when they would not dare to touch him with one of their fingers. It was the best remedy, therefore, that could be tried for restraining such levity, to refuse to admit the testimony of any man who was not ready to execute judgment with his own hand” (Calvin).} המּת (Deu 17:6), the man exposed to death, who was therefore really ipso facto already dead. “So shalt thou put the evil away,” etc.: cf. Deu 13:6.