Determine the cause of the poor and the orphan. We are here briefly taught that a just and well-regulated government will be distinguished for maintaining the rights of the poor and afflicted. By the figure synecdoche, one part of equitable administration is put for the whole; for it cannot be doubted that rulers are bound to observe justice towards all men without distinction. But the prophet, with much propriety, represents them as appointed to be the defenders of the miserable and oppressed, both because such persons stand in need of the assistance of others, and because they can only obtain this where rulers are free from avarice, ambition, and other vices. The end, therefore, for which judges bear the sword is to restrain the wicked, and thus to prevent violence from prevailing among men, who are so much disposed to become disorderly and outrageous. According as men increase in strength, they become proportionally audacious in oppressing the weak; and hence it is that rich men seldom resort to magistrates for help, except when they happen to fall out among themselves. From these remarks, it is very obvious why the cause of the poor and needy is here chiefly commended to rulers; for those who are exposed an easy prey to the cruelty and wrongs of the rich have no less need of the assistance and protection of magistrates than the sick have of the aid of the physician. Were the truth deeply fixed in the minds of kings and other judges, that they are appointed to be the guardians of the poor, and that a special part of this duty lies in resisting the wrongs which are done to them, and in repressing all unrighteous violence, perfect righteousness would become triumphant through the whole world. Whoever thinks it not beneath him to defend the poor, instead of allowing himself to be carried hither and thither by favor, will have a regard only to what is right. We may farther learn from this passage, that although magistrates may not be solicited for succor, they are accounted guilty before God of negligence, if they do not, of their own accord, succor those who stand in need of their interference. When iniquity openly prevails, and when, on account of it, sighs and lamentations are everywhere heard, it is in vain for them to pretend that they cannot redress wrongs, unless complaints are addressed to them. Oppression utters a sufficiently loud cry of itself; and if the judge, sitting on a high watch-tower, seems to take no notice of it, he is here plainly warned, that such connivance shall not escape with impunity.

Defend the poor and fatherless - literally, judge; that is, Pronounce just judgment; see that right is done to them. This is required everywhere in the Scriptures. The meaning is not that judgment is to be pronounced in their favor because they are poor, or because they are orphans, for this would be to do what they had just been charged with as in itself wrong, accepting of persons; that is, showing favor on account of condition or rank, rather than on account of a just claim. The idea is, that the poor and the fatherless, having no natural protectors, were likely to be wronged or oppressed; that they had none to defend their claims; and that magistrates, therefore, as if they were their natural protectors, should see that their rights were maintained. See the notes at Isaiah 1:17.
Do justice to the afflicted and needy - See that justice is done them; that they are not wronged by persons of wealth, of power, and of rank. Such care does religion take of those who have no natural guardians. The poor and the needy - the widow and the fatherless - owe to the religion of the Bible a debt which no language can express.

Defend the poor - You are their natural protectors under God. They are oppressed: punish their oppressors, however rich or powerful: and deliver them.

Defend the poor and fatherless,.... Or, judge (d) them; such as have no money to enter and carry on a suit, and have no friends to assist and advise them, and abide by them; these should be taken under the care and wing of judges; their cause should be attended to, and justice done them; their persons should be protected, and their property defended and secured for, since they are called gods, they ought to imitate him whose name they bear, who is the Father of the fatherless, the Judge of the widows, and the helper of the poor that commit themselves to him, Psalm 10:14, such a righteous judge and good magistrate was Job; see Job 29:12,
do justice to the afflicted and needy; or "justify" (e) them, pronounce them righteous, give the cause for them, not right or wrong, nor because they are poor and needy, but because they are in the right; for, if wicked, they are not to be justified, this is an abomination to the Lord; see Leviticus 19:15.
(d) "judicate", V. L. Pagninus, Montanus, Musculus, Junius & Tremellius, Gejerus, Michaelis. (e) "justificate", V. L. Pagninus, Montanus, Vatablus, Musculus, Cocceius, &c.

So must good judges act (Psalm 10:14; Job 29:12).