18 You shall make judges and officers in all your gates, which Yahweh your God gives you, according to your tribes; and they shall judge the people with righteous judgment.
*Minor differences ignored. Grouped by changes, with first version listed as example.
Judges and officers shalt thou make. I have placed this passage among the Supplements of the Fifth Commandment, for, if it pleases God that judges should be appointed for ruling the people, it follows that their laws and edicts should be obeyed; and thus the parental authority extends also to them. But, in order that the people may more readily submit themselves to judges, God reminds them that the human race could not otherwise be preserved. Public utility, therefore, renders the authority of magistrates pleasant and agreeable, though it would else be hateful. But, although it be not conceded to all to elect their judges, because God honored His chosen people with this prerogative, still he here recommends in general a regular government, since He signifies that human society cannot hold together unless the lawful rulers have authority to execute justice. Whether, then, magistrates are appointed by the suffrages of the people, or imposed in any other way, let us learn that they are the necessary ministers of God, to confine all men under the yoke of the laws. The latter passage, which I have annexed from Deuteronomy 7, refers to the same thing, viz., that even in war discipline is necessary, lest all things should be thrown into confusion. Now, if it pleases God that certain superior officers should have the command, it follows that they must be obeyed; for it would be ridiculous to appoint governors, if it were lawful to despise them with impunity. When, therefore, God sets military commanders over the people, He enforces the duty of humble submission.
These verses are closely connected in subject with the following chapter, and introduce certain directions for the administration of justice and the carrying on of the civil government of the people in Canaan. During the lifetime of Moses, he himself, especially inspired and guided by God, was sufficient, with the aid of the subordinate judges (compare Exodus 18:13 ff), for the duties in question. But now that Moses was to be withdrawn, and the people would soon be scattered up and down the land of Canaan, regular and permanent provision must be made for civil and social order and good government.
Judges and officers shalt thou make - Judges, שפטים shophetim, among the Hebrews, were probably the same as our magistrates or justices of the peace. Officers, שטרים shoterim, seem to have been the same as our inquest sergeants, beadles, etc., whose office it was to go into the houses, shops, etc., and examine weights, measures, and the civil conduct of the people. When they found any thing amiss, they brought the person offending before the magistrate, and he was punished by the officer on the spot. They seem also to have acted as heralds in the army, Deuteronomy 20:5. See also Rab. Maimon in Sanhedrin. In China, for all minor offenses, the person when found guilty is punished on the spot, in the presence of the magistrate or mandarin of justice.
(i) Judges and officers shalt thou make thee in all thy gates, which the LORD thy God giveth thee, throughout thy tribes: and they shall judge the people with just judgment.
(i) He gave temporary authority to the people to choose magistrates for themselves.
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.
Care is taken for the due administration of justice. All personal regards must be laid aside, so that right is done to all, and wrong to none. Care is taken to prevent following the idolatrous customs of the heathen. Nothing belies God more, or tends more to corrupt the minds of men, than representing and worshipping, by an image, that God, who is an almighty and eternal Spirit, present every where. Alas! even in gospel days, and under a better dispensation, established upon better promises, there is a tendency to set up idols, under one form or another, in the human heart.
Judges and officers shalt thou make--These last meant heralds or bailiffs, employed in executing the sentence of their superiors.
in all thy gates--The gate was the place of public resort among the Israelites and other Eastern people, where business was transacted and causes decided. The Ottoman Porte derived its name from the administration of justice at its gates.
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 (Deuteronomy 17:8-13); and thirdly, gives them a law for the future with reference to the choice of a king (Deuteronomy 16:14-20).
Judges - Chief magistrates to examine and determine causes and differences. Officers - Who were subordinate to the other to bring causes and persons before him, to acquaint people with the sentence of the judges, and to execute their sentence. Thy gates - Thy cities, which he here calls gates, because there were seats of judgment set. Pursuant to this law, in every town which contained above an hundred and twenty families, there was a court of twenty three judges; in the smaller towns, a court of three judges.
*More commentary available at chapter level.