Woe to them that decree. He now attacks the people more closely, as he did in the first and second chapters, to make them feel that they are justly afflicted; for men never acknowledge that they are justly punished till they have been manifestly convicted and constrained. Though they were sufficiently convicted by former proofs, still he found it necessary to come to particulars, that by means of them their hypocrisy might be exposed; for men are so brazen-faced as to think that any excuse shields them, and openly to accuse God. When they had become so shameless, it was impossible for him to rebuke them too sharply, or to carry his accusations beyond proper limits, so as to shut their mouths, whether they would or not. ml (gnamal) and 'vn (aven) are often joined together in Scripture, as in Psalm 7:14 'vn signifies vanity and iniquity, but the latter meaning agrees better with this passage. ml, (gnamal,) on the other hand, denotes vexation, and often the very cause of the vexation, that is, the oppression inflicted by the stronger on the weaker, when they abuse their authority and power. Having formerly shown that the wickedness originated from the governors themselves, (Isaiah 1:10,23,) he places them in the first rank, that they may undergo the punishment of the crimes which they had occasioned. This ought to be carefully observed, for they who are elevated to the highest rank imagine that they are exempted from the ordinary lot of other men, and that they are not bound to give account to God; and therefore he threatens that they will have this privilege, that they will be the first that are punished. Some think that two classes are here described, and draw a distinction between chqqym, (chokekim,) those who decree, and mktvym, (mechattebim,) those who write [1] But I do not approve of this, for he attacks generally, and without distinction, princes and magistrates, who oppressed the people by unjust and tyrannical decrees, in such a manner that they approached to absolute robbery; and therefore he includes every class of magistrates and governors.

Footnotes

1 - The prescribers. -- Stock. "Not the scribes, who write vexatious decrees, but the judges, who cause them to be written." -- Rosenmuller.

Wo unto them that decree unrighteous decrees - To those who frame statutes that are oppressive and iniquitous. The prophet here refers, doubtless, to the rulers and judges of the land of Judea. A similar description he had before given; Isaiah 1:10, Isaiah 1:23,
And that write - Hebrew, 'And to the writers who write violence.' The word translated "grievousness," עמל ‛âmâl, denotes properly "wearisome labor, trouble, oppression, injustice." Here, it evidently refers to the judges who declared oppressive and unjust sentences, and caused them to be recorded. It does not refer to the mere scribes, or recorders of the judicial opinions, but to the judges themselves, who pronounced the sentence, and caused it to be recorded. The manner of making Eastern decrees differs from ours: they are first written, and then the magistrate authenticates them, or annuls them. This, I remember, is the Arab manner, according to D'Arvieux. When an Arab wanted a favor of the emir, the way was to apply to the secretary, who drew up a decree according to the request of the party; if the emir granted the favor, he printed his seal upon it; if not, he returned it torn to the petitioner. Sir John Chardin confirms this account, and applies it, with great propriety, to the illustration of a passage which I never thought of when I read over D'Arvieux. After citing Isaiah 10:1, 'Wo unto them that decree unrighteous decrees, and to the writers that write grievousness,' for so our translators have rendered the latter part of the verse in the margin, much more agreeably than in the body of the version, Sir John goes on, 'The manner of making the royal acts and ordinances hath a relation to this; they are always drawn up according to the request; the first minister, or he whose office it is, writes on the side of it, "according to the king's will," and from thence it is sent to the secretary of state, who draws up the order in form.' - Harmer.

Woe to them that decree unrighteous decrees, and that (a) write grievousness [which] they have prescribed;
(a) Who write and pronounce a wicked sentence to oppress the people: meaning, that the wicked magistrate, who were the chief cause of mischief, would be first punished.

Woe unto them that decree unrighteous decrees,.... Or, "O ye that decree", &c. being a sign of the vocative case, and an interjection of calling, as Aben Ezra observes; though the Targum and other versions understand it of a threatening denounced; and is to be understood as lying against lawgivers and judges, political rulers and governors of the people, that made unrighteous laws; laws which were not agreeable to the law of God, nor right reason; and were injurious to the persons and properties of men; and which were calculated for the oppression of good men, especially the poor, and for the protection of wicked men, who made no conscience of spoiling them:
and that write grievousness which they have prescribed; laws grievous and intolerable being made by them, they wrote them, or ordered them to be written, to be engrossed and promulgated, published them, and obliged the people to be subject to them. This some understand of the scribes of judges, who sat in court, and wrote out the decrees and sentences made by them; but it rather intends the same persons as before; and not ecclesiastical but political governors are meant, and such as lived before the Babylonish captivity; or otherwise the whole is applicable to the Scribes and Pharisees, to the Misnic doctors, the authors of the oral law, the fathers of tradition, whose decisions and decrees were unrighteous and injurious, and contrary to the commands of God; heavy burdens, and grievous to be borne, and very oppressive of the poor, the fatherless, and the widow; for which they are reproved by Christ, Matthew 15:3 Jarchi says it is an Arabic (g) word, which signifies scribes.
(g) So and Scriba, Golius, col. 1999; so the word is used in the Chaldee and Syriac languages. See Castel. col. 1828, 1829.

These verses are to be joined with the foregoing chapter. Woe to the superior powers that devise and decree unrighteous decrees! And woe to the inferior officers that draw them up, and enter them on record! But what will sinners do? Whither will they flee?

Fourth strophe. (Isaiah 10:1-4)
them that decree--namely, unrighteous judges.
write grievousness, &c.--not the scribes, but the magistrates who caused unjust decisions (literally, "injustice" or "grievousness") to be recorded by them (Isaiah 65:6) [MAURER], (Isaiah 1:10, Isaiah 1:23).

Strophe 4. "Woe unto them that decree unrighteous decrees, and to the writers who prepare trouble to force away the needy from demanding justice, and to rob the suffering of my people of their rightful claims, that widows may become their prey, and they plunder orphans! And what will ye do in the day of visitation, and in the storm that cometh from afar? To whom will ye flee for help? and where will ye deposit your glory? There is nothing left but to bow down under prisoners, and they fall under the slain. With all this His anger is not turned away, but His hand is stretched out still." This last strophe is directed against the unjust authorities and judges. The woe pronounced upon them is, as we have already frequently seen, Isaiah's Ceterum censeo. Châkak is their decisive decree (not, however, in a denominative sense, but in the primary sense of hewing in, recording in official documents, Isaiah 30:8; Job 19:23); and Cittēb (piel only occurring here, and a perfect, according to Gesenius, 126, 3) their official signing and writing. Their decrees are Chikekē 'aven (an open plural, as in Judges 5:15, for Chukkē, after the analogy of גללי, עממי, with an absolute Chăkâkim underlying it: Ewald, 186-7), inasmuch as their contents were worthlessness, i.e., the direct opposite of morality; and what they wrote out was ‛âmâl, trouble, i.e., an unjust oppression of the people (compare πόνος and πονηρός).
(Note: The current accentuation, ומכתבים mercha, עמל tiphchah, is wrong. The true accentuation would be the former with tiphchah (and metheg), the latter with mercha; for ‛âmâl cittēbu is an attributive (an elliptical relative) clause. According to its etymon, ‛âmâl seems to stand by the side of μῶλος, moles, molestus (see Pott in Kuhn's Zeitschrift, ix. 202); but within the Semitic itself it stands by the side of אמל, to fade, marcescere, which coincides with the Sanscrit root mlâ and its cognates (see Leo Meyer, Vergleichende Grammatik, i. 353), so that ‛âmâl is, strictly speaking, to wear out or tire out (vulg. to worry).)
Poor persons who wanted to commence legal proceedings were not even allowed to do so, and possessions to which widows and orphans had a well-founded claim were a welcome booty to them (for the diversion into the finite verb, see Isaiah 5:24; Isaiah 8:11; Isaiah 49:5; Isaiah 58:5). For all this they could not escape the judgment of God. This is announced to them in Isaiah 10:3, in the form of three distinct questions (commencing with ūmâh, quid igitur). The noun pekuddah in the first question always signifies simply a visitation of punishment; sho'âh is a confused, dull, desolate rumbling, hence confusion (turba), desolation: here it is described as "coming from afar," because a distant nation (Asshur) was the instrument of God's wrath. Second question: "Upon whom will ye throw yourselves in your search for help then" (nūs ‛al, a constr. praegnans, only met with here)? Third question: "Where, i.e., in whose hand, will ye deposit your wealth in money and possessions" (câbōd, what is weighty in value and imposing in appearance); ‛âzab with b'yad (Genesis 39:6), or with Lamed (Job 39:14), to leave anything with a person as property in trust. No one would relieve them of their wealth, and hold it as a deposit; it was irrecoverably lost. To this negative answer there is appended the following bilti, which, when used as a preposition after a previous negation, signifies praeter; when used as a conjunction, nisi (bilti 'im, Judges 7:14); and where it governs the whole sentence, as in this case, nisi quod (cf., Numbers 11:6; Daniel 11:18). In the present instance, where the previous negation is to be supplied in thought, it has the force of nil reliquum est nisi quod (there is nothing left but). The singular verb (câra‛) is used contemptuously, embracing all the high persons as one condensed mass; and tachath does not mean aeque ac or loco (like, or in the place of), as Ewald (217, k) maintains, but is used in the primary and local sense of infra (below). Some crouch down to find room at the feet of the prisoners, who are crowded closely together in the prison; or if we suppose the prophet to have a scene of transportation in his mind, they sink down under the feet of the other prisoners, in their inability to bear such hardships, whilst the rest fall in war; and as the slaughter is of long duration, not only become corpses themselves, but are covered with corpses of the slain (cf., Isaiah 14:19). And even with this the wrath of God is not satisfied. The prophet, however, does not follow out the terrible gradation any further. Moreover, the captivity, to which this fourth strophe points, actually formed the conclusion of a distinct period.

Woe - Unto those magistrates who make unjust laws, and give unjust sentences. Grievousness - Grievous things, such unjust decrees as cause grief and vexation to their subjects.