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Chapter 17

Deuteronomy 17

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¹Thou shalt not sacrifice unto the LORD thy God any bullock, or sheep, wherein is blemish, or any evilfavouredness: for that is an abomination unto the LORD thy God.^a

²¶ If there be found among you, within any of thy gates which the LORD thy God giveth thee, man or woman, that hath wrought wickedness in the sight of the LORD thy God, in transgressing his covenant,

³And hath gone and served other gods, and worshipped them, either the sun, or moon, or any of the host of heaven, which I have not commanded;

⁴And it be told thee, and thou hast heard of it, and enquired diligently, and, behold, it be true, and the thing certain, that such abomination is wrought in Israel:

⁵Then shalt thou bring forth that man or that woman, which have committed that wicked thing, unto thy gates, even that man or that woman, and shalt stone them with stones, till they die.

⁶At the mouth of two witnesses, or three witnesses, shall he that is worthy of death be put to death; but at the mouth of one witness he shall not be put to death.

⁷The hands of the witnesses shall be first upon him to put him to death, and afterward the hands of all the people. So thou shalt put the evil away from among you.

⁸¶ If there arise a matter too hard for thee in judgment, between blood and blood, between plea and plea, and between stroke and stroke, being matters of controversy within thy gates: then shalt thou arise, and get thee up into the place which the LORD thy God shall choose;

⁹And thou shalt come unto the priests the Levites, and unto the judge that shall be in those days, and enquire; and they shall shew thee the sentence of judgment:

¹⁰And thou shalt do according to the sentence, which they of that place which the LORD shall choose shall shew thee; and thou shalt observe to do according to all that they inform thee:

¹¹According to the sentence of the law which they shall teach thee, and according to the judgment which they shall tell thee, thou shalt do: thou shalt not decline from the sentence which they shall shew thee, to the right hand, nor to the left.

¹²And the man that will do presumptuously, and will not hearken unto the priest that standeth to minister there before the LORD thy God, or unto the judge, even that man shall die: and thou shalt put away the evil from Israel.^b

¹³And all the people shall hear, and fear, and do no more presumptuously.

¹⁴¶ When thou art come unto the land which the LORD thy God giveth thee, and shalt possess it, and shalt dwell therein, and shalt say, I will set a king over me, like as all the nations that are about me;

¹⁵Thou shalt in any wise set him king over thee, whom the LORD thy God shall choose: one from among thy brethren shalt thou set king over thee: thou mayest not set a stranger over thee, which is not thy brother.

¹⁶But he shall not multiply horses to himself, nor cause the people to return to Egypt, to the end that he should multiply horses: forasmuch as the LORD hath said unto you, Ye shall henceforth return no more that way.

¹⁷Neither shall he multiply wives to himself, that his heart turn not away: neither shall he greatly multiply to himself silver and gold.

¹⁸And it shall be, when he sitteth upon the throne of his kingdom, that he shall write him a copy of this law in a book out of that which is before the priests the Levites:

¹⁹And it shall be with him, and he shall read therein all the days of his life: that he may learn to fear the LORD his God, to keep all the words of this law and these statutes, to do them:

²⁰That his heart be not lifted up above his brethren, and that he turn not aside from the commandment, to the right hand, or to the left: to the end that he may prolong his days in his kingdom, he, and his children, in the midst of Israel.

Footnotes:

¹ ^a17.1 sheep: or, goat

¹² ^b17.12 and will…: Heb. not to hearken

Jamieson-Fausset-Brown
John Gill
Keil-Delitzsch
Matthew Henry
Tyndale

Introduction

THINGS SACRIFICED MUST BE SOUND. (Deu 17:1) Thou shalt not sacrifice . . . any bullock, or sheep, wherein is blemish--Under the name of bullock were comprehended bulls, cows, and calves; under that of sheep, rams, lambs, kids, he- and she-goats. An ox, from mutilation, was inadmissible. The qualifications required in animals destined for sacrifice are described (Exo 12:5; Lev 1:3).

Verse 2

IDOLATERS MUST BE SLAIN. (Deu 17:2-7) If there be found among you . . . man or woman, that hath wrought wickedness--The grand object contemplated in choosing Israel was to preserve the knowledge and worship of the one true God; and hence idolatry of any kind, whether of the heavenly bodies or in some grosser form, is called "a transgression of His covenant." No rank or sex could palliate this crime. Every reported case, even a flying rumor of the perpetration of so heinous an offense, was to be judicially examined; and if proved by the testimony of competent witnesses, the offender was to be taken without the gates and stoned to death, the witnesses casting the first stone at him. The object of this special arrangement was partly to deter the witnesses from making a rash accusation by the prominent part they had to act as executioners, and partly to give a public assurance that the crime had met its due punishment.

Verse 8

THE PRIESTS AND JUDGES TO DETERMINE CONTROVERSIES. (Deu 17:8-13) If there arise a matter too hard for thee in judgment--In all civil or criminal cases, where there was any doubt or difficulty in giving a decision, the local magistrates were to submit them by reference to the tribunal of the Sanhedrim--the supreme council, which was composed partly of civil and partly of ecclesiastical persons. "The priests and Levites," should rather be "the priests--the Levites"; that is, the Levitical priests, including the high priest, who were members of the legislative assembly; and who, as forming one body, are called "the judge." Their sittings were held in the neighborhood of the sanctuary because in great emergencies the high priest had to consult God by Urim (Num 27:21). From their judgment there was no appeal; and if a person were so perverse and refractory as to refuse obedience to their sentences, his conduct, as inconsistent with the maintenance of order and good government, was then to be regarded and punished as a capital crime.

Verse 14

THE ELECTION AND DUTY OF A KING. (Deu 17:14-20) When thou . . . shalt say, I will set a king over me--In the following passage Moses prophetically announces a revolution which should occur at a later period in the national history of Israel. No sanction or recommendation was indicated; on the contrary, when the popular clamor had effected that constitutional change on the theocracy by the appointment of a king, the divine disapproval was expressed in the most unequivocal terms (Sa1 8:7). Permission at length was granted, God reserving to Himself the nomination of the family and the person who should be elevated to the regal dignity (Sa1 9:15; Sa1 10:24; Sa1 16:12; Ch1 28:4). In short, Moses foreseeing that his ignorant and fickle countrymen, insensible to their advantages as a peculiar people, would soon wish to change their constitution and be like other nations, provides to a certain extent for such an emergency and lays down the principles on which a king in Israel must act. He was to possess certain indispensable requisites. He was to be an Israelite, of the same race and religion, to preserve the purity of the established worship, as well as be a type of Christ, a spiritual king, one of their brethren.

Verse 15

thou mayest not set a stranger over thee, which is not thy brother--that is, by their free and voluntary choice. But God, in the retributions of His providence, did allow foreign princes to usurp the dominion (Jer 38:17; Mat 22:17).

Verse 16

he shall not multiply horses to himself--The use of these animals was not absolutely prohibited, nor is there any reason to conclude that they might not be employed as part of the state equipage. But the multiplication of horses would inevitably lead to many evils, to increased intercourse with foreign nations, especially with Egypt, to the importation of an animal to which the character of the country was not suited, to the establishment of an Oriental military despotism, to proud and pompous parade in peace, to a dependence upon Egypt in time of war, and a consequent withdrawal of trust and confidence in God. (Sa2 8:4; Kg1 10:26; Ch2 1:16; Ch2 9:28; Isa 31:3).

Verse 17

Neither shall he multiply wives to himself, that his heart turn not away--There were the strongest reasons for recording an express prohibition on this point, founded on the practice of neighboring countries in which polygamy prevailed, and whose kings had numerous harems; besides, the monarch of Israel was to be absolutely independent of the people and had nothing but the divine law to restrain his passions. The mischievous effects resulting from the breach of this condition were exemplified in the history of Solomon and other princes, who, by trampling on the restrictive law, corrupted themselves as well as the nation. neither shall he greatly multiply . . . silver and gold--that is, the kings were forbidden to accumulate money for private purposes.

Verse 18

he shall write him a copy of this law in a book--The original scroll of the ancient Scriptures was deposited in the sanctuary under the strict custody of the priests (see on Deu 31:26; Kg2 22:8). Each monarch, on his accession, was to be furnished with a true and faithful copy, which he was to keep constantly beside him, and daily peruse it, that his character and sentiments being cast into its sanctifying mould, he might discharge his royal functions in the spirit of faith and piety, of humility and a love or righteousness.

Verse 20

that he may prolong his days in his kingdom, he and his children--From this it appears that the crown in Israel was to be hereditary, unless forfeited by personal crime. Next: Deuteronomy Chapter 18

Introduction

INTRODUCTION TO DEUTERONOMY 17 This chapter begins with a caution not to sacrifice anything to the Lord that is blemished or ill favoured, Deu 17:1, an order is given to put to death men or women guilty of idolatry, where it is clearly proved upon them, Deu 17:2 and it is directed that when cases are too hard for inferior judges to determine, they should be brought to Jerusalem to the priests, Levites, and judges, which formed the great consistory there, whose sentence was to be adhered unto on pain of death, Deu 17:8, and rules are given about the choice of a king, and he is informed what he must not do, and what he should do, Deu 17:14.

Verse 1

Thou shalt not sacrifice unto the Lord thy God any bullock or sheep wherein is blemish,.... No sacrifice of any sort, whether burnt offering, sin offering, or peace offering, was to have any blemish in it; typical of the unblemished and immaculate Lamb of God, who, being without sin, offered himself without spot to God, and so could take away the sins of others by the sacrifice of himself; see Lev 22:18, or any evilfavouredness; any sickness or disease upon it of any sort, which made it ill favoured to the sight, or disagreeable to the smell, or however unacceptable for sacrifice: for that is an abomination to the Lord thy God; every such blemished and ill favoured sacrifice; see Mal 1:8.

Verse 2

If there be found among you, within any of thy gates which the Lord thy God giveth thee,.... In any of their cities in the land of Canaan: man or woman that hath wrought wickedness in the sight of the Lord thy God: as all that is wrought is in the sight of the omniscient God; here it means not any kind of wickedness, for there is none lives without committing sin of one sort or another, all which is known to God the searcher of hearts, but such wickedness as is after described: in transgressing his covenant; that is, his law, and particularly the first table of it, which respects divine worship, and which is in the nature of a marriage contract or covenant; which, as that is transgressed by adultery committed by either party, so the covenant between God and Israel was transgressed by idolatry, which is spiritual adultery, and going a whoring after other gods, as it follows:

Verse 3

And hath gone,.... The Targum of Jonathan adds, after the evil imagination or concupiscence, lusting after other lovers, and forsaking the true God, and departing from his worship: and served other gods; strange gods, the idols of the people, other gods besides the true God; the creature besides the Creator: and worshipped them; by bowing down before them, praying to them, or ascribing their mercies and blessings to them, and giving them the glory of them: either the sun, or moon, or any of the host of heaven: the two great luminaries, and the planets, constellations, and stars, any of them; which kind of idolatry very early obtained, and was in use at this time among the Heathens, and was an iniquity to be punished by the judge, Job 31:26, which sin, though so strictly forbidden, the people of Israel sometimes fell into, Kg2 21:3. which I have not commanded: and which is a sufficient reason, in matters of worship, to avoid and abstain from anything, that God has not commanded it; for in things of that nature nothing should be done but what he has ordered, who is a jealous God, and will not suffer any to take upon them to direct what should be done as a religious service and duty; and if any are so presumptuous, they must expect it will be resented; see Isa 1:12 and especially with respect to the object of worship, as here, and which relate to things if not forbid expressly, yet tacitly, to do which was an abomination to the Lord.

Verse 4

And it be told thee, and thou hast heard of it, and inquired diligently,.... A report of this kind was not to be neglected; though it was not to be concluded upon as certain by hearsay, it was to be looked into, and the persons that brought it thoroughly examined; so the Targum of Jonathan,"and inquired the witnesses well,''what proof and evidence they could give of the fact, who the persons were, when and where, and in what manner the sin was committed: and, behold, it be true, and the thing certain; upon examining the witnesses the case is plain and out of all question: that such abomination is wrought in Israel; to do it in any country was abominable, but much more so in the land of Israel, among the professing people of God, who had the knowledge of the true God, and had had so many proofs of his deity, his power and providence, as well as received so many favours and blessings from him, and had such laws and statutes given them as no other people had.

Verse 5

Thou shall bring forth that man or that woman which have committed the wicked thing,.... Idolatry in any of the above instances: this must be supposed to be done after he or she have been had before a court of judicature, and have been tried and found guilty, and sentence passed on them, then they were to be brought forth to execution: unto thy gates; the Targum of Jonathan says, unto the gates of your sanhedrim, or court of judicature; but Jarchi observes, that this is a mistake of the paraphrase, for he says, we are taught by tradition that "thy gate" is the gate in which he has served or committed idolatry; and so says Maimonides (d), they do not stone a man but at the gate where he served or worshipped; but if the greatest part of the city are Heathens, they stone him at the door of the sanhedrim; and this is received from tradition, that "to thy gates" is the gate at which he served, and not where his judgment is finished: even that man or that woman; this is repeated, and the woman as well as the man is expressed, to show that no compassion is to be had on her as is usual, nor to be spared on account of the weakness and tenderness of her sex, but she as well as the man must be brought forth and executed according to her sentence, without any mercy shown; and this is observed to show the resentment of the divine Majesty, and his indignation at this sin: and shalt stone them with stones until they die; of the manner of stoning men and women; see Gill on Act 7:58. (d) Hilchot Sanhedrin, c. 15. sect. 2.

Verse 6

At the mouth of two witnesses, or three witnesses, shall he that is worthy of death be put to death,.... The idolater found guilty was to be stoned; two witnesses were sufficient to prove a fact, if three the better, but, on the testimony of one, sentence might not be pronounced. Aben Ezra observes, that some say, if two witnesses contradict two other, a third turns the scale and determines the matter; and others say, that two who are wise men will do, and three of others; and because it is said "at the mouth" of these witnesses, it is concluded, that a testimony should be verbal and not written; should not be recorded, neither in pecuniary cases nor in capital ones, but from the mouth of the witnesses, as it is said "at the mouth", &c. at their mouth, and not from their handwriting (e): but at the mouth of one witness he shall not be put to death; so careful is the Lord of the lives of men, that none should be taken away but upon full and sufficient evidence, even in cases in which his own glory and honour is so much concerned. (e) Maimon. Hilchot Eduth, c. 3. sect. 4.

Verse 7

The hands of the witnesses shall be first upon him to put him to death,.... Of everyone of them, as Aben Ezra; they were to cast the first stone at him, which would be a further trial and confirmation of their testimony; for if they readily and without reluctance first began the stoning of the idolater, it would not only show their zeal for the honour of the divine Being, but an unconsciousness of guilt in their testimony, and be an encouragement to others to proceed with safety: and afterwards the hands of all the people; should be employed in taking up stones, and casting at him until he was dead: so thou shall put the evil away from among you; both the evil man and the evil committed by him, which by this means would be prevented from spreading, seeing by his death others would be deterred from following his example; as well as the evil of punishment, which otherwise would have come upon the nation, had they connived at so gross an iniquity.

Verse 8

If there arise a matter too hard for thee in judgment,.... This is spoken to inferior judges in cities in the country, who sometimes might have cases too wonderful and mysterious, as the word signifies, or secret and hidden, such as were out of their reach and beyond their capacity, and so be very difficult for them to determine what should be done: between blood and blood; that is, whether a man is guilty of shedding innocent blood or not; when such a case is depending between a person charged with it and the relatives of the deceased, or between a man slayer and the avenger of blood, and the question is, whether he may have the benefit of a city of refuge or not, and there are some circumstances attending it which make it difficult how to determine: between plea and plea; of the plaintiff on one side and of the defendant on the other, and both have so much to say in their own cause, that it is hard to decide which is in the right and which is in the wrong, whether in capital or pecuniary cases; it chiefly if not solely respects civil things in controversy: and between stroke and stroke; blow or wound which one man received from another, and for which he commences a suit of law upon it, Exo 21:18 or for assault and battery; and so Aben Ezra interprets it of blows and bruises; but the Jewish writers generally interpret it of the plague, or stroke of leprosy; so the Targums of Jonathan and Jerusalem; but the examination of such a case did not belong to the civil magistrate, but to a priest; nor was such a person had up to Jerusalem to be searched, but was shut up in a house until further evidence could be got; and, besides, the signs of the leprosy are so distinctly given, that at waiting a proper time, there was seldom or ever any difficulty about determining it: being matter of controversy within thy gates; or what are matters of controversy about anything else; for the phrase is general, as Aben Ezra observes, and takes in everything in which anything difficult might occur; so Jarchi interprets it of things which the wise men of a city are divided about; one pronounces a person or thing unclean, another clean, one condemning and another justifying, and so far rightly; for this respects not controversies between men, that may be brought into courts of judicature, but controversies or divisions arising in these courts upon them, between the judges themselves, they not agreeing in their opinions: then shalt thou arise and get thee up into the place which the Lord thy God shall choose; to Jerusalem, to the great sanhedrim or court of judicature, to which the inferior judges were to apply themselves, in matters of moment and difficulty, for instruction, information, and direction; it being supposed that in such a court such like cases may have been brought before them, and they were expert and understanding in them.

Verse 9

Thou shalt come unto the priests, the Levites,.... The priests that are of the tribe of Levi, as the Targum of Jonathan, and so Jarchi; for Aben Ezra says there are priests that are not of the genealogy of Levi; such there were indeed in Jeroboam's time, Kg1 12:31. Maimonides (f) observes, that it is ordered that there should be in the great sanhedrim priests and Levites, as it is said: "and thou shalt come unto the priests, and the judge that shall be in those days, and inquire"; judge is here put for judges, of which the great court consisted, being priests, Levites, and Israelites; See Gill on Deu 16:18, though others think that only a single person is meant, such as Othniel, Ehud, Gideon, Samson, &c. but then as there was not always such an one in being, I should rather think that the judge here, if a single person, is the president or prince of the great sanhedrim, who succeeded Moses, and sat in his place; and of him and his court, the priests, and Levites and Israelites that composed it, inquiry was to be made: and they shall show thee the sentence of judgment; give their judgment in the difficult case proposed, and declare what is right to be done, and what sentence is to be pronounced. (f) Hilchot Sanhedrin, c. 2. sect. 2.

Verse 10

And thou shalt do according to the sentence which they of that place which the Lord shall choose shall show thee,.... The judges of the inferior courts were to return and proceed on the difficult case according to the judgment of the great court at Jerusalem, and follow the directions and instructions they should give them: and thou shalt observe to do according to all that they inform thee; not only observe and take notice of what they say, but put it in practice, and not in some things and some circumstances only, but in all and everything they should give them information about relating to the case in question.

Verse 11

According to the sentence of the law which they shall teach thee,.... For they were not to make any new law, but to teach the law of God, and so far as their sense and opinion of things agreed with that law they were to be regarded: and according to the judgment which they shall tell thee, thou shalt do; what were law and justice, what were fit and right to be done, according to the will of God, which they should declare unto them, that was carefully to be done by them: thou shalt not decline from the sentence they shall show thee, to the right hand nor to the left; by setting up after, all their own judgments against theirs to whom they had applied for information and direction, which to have done would have been very insolent and affronting; they were not to depart from the determination they made of the case, on pretence of knowing better, nor even in any minute circumstance to deviate from it, but strictly and closely to keep unto it; though not to follow them so implicitly as to receive from them and embrace things the most absurd and unreasonable, as Jarchi suggests; who says, that their sense was to be abided by, even if they should say that the right hand is the left, and the left hand the right.

Verse 12

The judge of the country court that makes his application to that at Jerusalem for information and direction; if, after all, he is conceited in his own opinion, and rejects theirs, and is obstinate, and will not be guided and directed, but will take his own way, and pursue his own sense of things, and act according to that: and will not hearken to the priest that standeth to minister there before the Lord thy God; the priests of the tribe of Levi, of whom the court generally consisted, Deu 17:9, priest for priests; though some think the high priest is meant, to whom the character very well agrees; but he was not always at the head of the sanhedrim, nor indeed a member of it, unless he had the proper qualifications; see Deu 18:18. or unto the judge; or judges; See Gill on Deu 17:9. L'Empereur (g) thinks, that the supreme senate, or grand sanhedrim, was twofold, according to the diversity of ecclesiastic and political matters; since where it treats of the supreme senators, or chief persons in the court, the priest is manifestly distinguished from the judge (i.e. priests or judges); now the man that has asked advice of them, and will not be directed by it, but takes his own way, this being so great a contempt of, and insult upon, the great senate of the nation: even that man shall die; and this was by strangling, for so the rebellious older, as such an one is called, was to die according to the Misnah (h); and it is said (i), that the death spoken of in the law absolutely (without specifying what kind of death) is strangling: and thou shall put away the evil from Israel; the evil man that is rebellious against the supreme legislature of the nation, and the evil of contumacy he is guilty of, deterring others from it by his death. (g) In Misn. Middoth, c. 5. sect. 3. (h) Sanhedrin, c. 10. sect. 2. (i) Maimon. Issure Biah, c. 1. sect. 6.

Verse 13

And all the people shall hear, and fear,.... All the people of Israel in their own cities, and particularly the judges in those cities; they shall hear of what is done to the obstinate and disobedient elder, and shall be afraid to commit the like offence, lest they should come into the same punishment: and do no more presumptuously; after his example; hence, Jarchi says, they wait till the feast comes, and then put him to death; and so it is said (k), they bring him up to the great sanhedrim which is at Jerusalem, and there keep him until the feast (the next feast), and put him to death at the feast, as it is said: all the people shall hear, and fear. (k) Misn. Sanhedrin, c. 10. sect. 4.

Verse 14

When thou art come unto the land which the Lord thy God giveth thee,.... The land of Canaan: and shalt possess it, and shalt dwell therein; be entirely in the possession of it, and settled in it; it seems to denote some time of continuance in it, as it was, before they thought of setting a king over them, about which are the following instructions: and shalt say, I will set a king over me, like as all the nations that are round about me; which was what would and did lead them to such a thought and resolution; observing that the neighbouring nations had kings over them, they were desirous of being like them as to the form of their civil government, and have a king as they had.

Verse 15

Thou shalt in any wise set him king over thee whom the Lord thy God shall choose,.... The Jews take this to be a command to set a king over them: whereas it is only a permission in case they should desire and determine on having one, as God foresaw they would; and this with a limitation and restriction to appoint none but whom God should choose, and which was their duty and interest to attend unto; for none could choose better for them, and was what he had a right unto, and it became them to submit to it, since he was their King in a civil and special sense, and another was only his viceregent; accordingly we find, when they expressed their desire to have a king in the time of Samuel, and it was granted, though not without some resentment, the Lord chose their first king for them, Saul, and, after him, David, and even Solomon, David's son; and though, in later times, they appointed kings without consulting him, it is complained of, Hos 8:4 hence this clause is prefaced in the Targum of Jonathan, "ye shall seek instruction from the Lord, and after set him king, &c.''which was to be done by the mouth of a prophet, or by Urim, as Aben Ezra observes: one from among thy brethren shall thou set king over thee: that is, one of their own nation, an Israelite, a brother both by nation and religion: thou mayest not set a stranger over thee that is not thy brother; one of another nation, that is not of the family of Israel, as Aben Ezra notes, even not an Edomite, though called sometimes their brother; and Herod, who was an Idumean, was set up, not by them, but by the Romans; now in this their king was a type of the King Messiah, of whom it is said, "their nobles shall be of themselves", Jer 30:21.

Verse 16

But he shall not multiply horses to himself,.... That he might not put his trust and confidence in outward things, as some are apt to trust in horses and chariots; and that he might not tyrannise over and distress his subjects by keeping a number of horses and chariots as a standing army, and chiefly for a reason that follows; he was to have no more than for his own chariot, so Jarchi, and so the Misnah (g) and Maimonides (h); the Targum of Jonathan restrains it to two: nor cause the people to return to Egypt, to the end that he should multiply horses; which was a country that abounded with them, and therefore he was not to encourage, and much less oblige his subjects to travel thither or trade with that people for the sake of increasing his stock of horses, Isa 31:1. forasmuch as the Lord hath said unto you, ye shall henceforth return no more that way; not that going into Egypt on any account whatsoever was forbidden, as for trade and merchandise in other things, or for shelter and safety, for which some good men fled thither; but for outward help and assistance against enemies, and for horses on that account, and particularly in order to dwell there, from which the Jews in the times of Jeremiah were dissuaded by him, and threatened by the Lord with destruction, in case they should, Jer 42:15. When the Lord said this is not certain; it may be when they proposed to make a captain, and return unto Egypt; or he said this in his providence, this was the language of it ever since they came out of it, or however this he now said; see Deu 28:68. (g) Sanhedrin, c. 2. sect. 4. (h) Hilchot Melachim, c. 3. sect. 3.

Verse 17

Neither shall he multiply wives to himself, that his heart turn not away,.... From attending to the duty of his office, the care and government of his people, and from serious religion; and particularly from the worship of the true God, as the heart of Solomon was turned away from it by his numerous idolatrous wives, Kg1 11:3, it is a common notion of the Jews that a king might have eighteen wives, and no more (k): neither shall he greatly multiply to himself silver and gold; he might increase his wealth, but not greatly, lest his heart should be lifted up with pride by it, and lest his subjects should be oppressed and burdened with taxes for that purpose; or he, being possessed of so much, should make use of it to enslave them, and especially should be so elated with it as to deny God, and despise his providence, and disobey his laws; see Pro 30:9. The Jews generally say (l), that he ought not to multiply more than what will pay the stipends or wages of his servants, and only for the treasury of the house of the Lord, and for the necessity of the congregation (or commonwealth), and for their wars; but not for himself, and his own treasury. (k) Maimon. Issure Biah, c. 1. sect. 2. Misn. ut supra. (Sanhedrin, c. 10. sect. 4.). T. Bab. Sanhedrin, fol. 21. 1. Targum Jon. & Jarchi in loc. (l) Maimon. ib. sect. 4. Misn. ut supra.

Verse 18

And it shall be, when he sitteth upon the throne of his kingdom,.... When he is settled on it, and is even amidst all the pomp and glory of it: that he shall write him a copy of this law in a book; which copy the Septuagint and Vulgate Latin versions interpret of this book of Deuteronomy, which is a summary abstract and repetition of the various laws of God to the people of Israel; though the Jewish writers commonly understand it of the whole Pentateuch, the five books of Moses; which perhaps may be enlarging it too much, as it would be reducing it to too little to restrain it to this law concerning kings, as the Targum of Jonathan. The word "Mishneh", rendered "copy", signifies "double"; hence some take it to mean a double exemplar or copy of the law he was obliged to write out, whereby it would be the more imprinted on his mind, and he would be furnished with it for his use at home and abroad, as the Jewish writers observe; so Jarchi by the copy understands two books of the law, one to be left in his treasury, the other to go out and in with him. The same is said in the Talmud (m), and with which Maimonides (n) agrees, whose words are,"at the time a king sits on the throne of his kingdom, he writes for himself a book of the law, besides what his fathers left him; and he copies it out of the book of the court by the order of the sanhedrim of seventy one; if his fathers have left him none, or it is lost, he writes two books of the law, one he leaves in the house of his treasures, which he is commanded, as everyone of Israel is, and the second never departs from him;''but one may seem sufficient on all occasions, and for all purposes; and this was to be wrote out of that which is before the priests and Levites; the original copy of it, which was deposited in the side of the ark; see Deu 31:26. (m) T. Bab. Sanhedrn, fol. 21. 2. (n) Ut supra (Maimon. Hilchot Sanhedrin, c. 2.), sect. 1.

Verse 19

And it shall be with him,.... Always, when at home or abroad, sitting on his throne or lying down, or wherever he went, unless in such places where it was not proper to read it, as the Jews observe (o): and he shall read therein all the days of his life; every day of his life; meditate on it night and day, as a good man does, that he might be well versed in it, and know how to govern his people according to it: that he may learn to, fear the Lord his God; to serve and worship him both internally and externally, he having the fear of God always before his eyes, and on his heart, which the holy law of God directs to and instructs in: to keep all the words of this law, and these statutes, to do them; not only such as concerned him as a king, but all others that concerned him as a man, a creature subject to the Lord, and as an Israelite belonging to the church and commonwealth of Israel, and so includes all laws, moral, ceremonial, and judicial. (o) Maimon. Hilchot Melachim, c. 3. sect. 1.

Verse 20

That his heart be not lifted up above his brethren,.... On account of his office, the dignity of it, considering that he was subject to the law of God, and accountable to the Lord for all his actions: and that he turn not aside from the commandment, to the right hand or to the left; not in the least deviate from the law of God in the whole of his conduct, and particularly in the exercise of his kingly office: to the end that he may prolong his days in his kingdom; ruling well according to the laws of God being the way to rule long: he and his children in the midst of Israel; this shows, as Jarchi observes, that if his son was fit for the kingdom, he was to be preferred to any other man; for though it was elective, yet to be continued in the same family, provided they walked in the ways of the Lord, and observed his laws. Next: Deuteronomy Chapter 18

Introduction

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.

Verse 2

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). (Note: "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.

Verse 8

The Higher Judicial Court at the Place of the Sanctuary. - Just as the judges appointed at Sinai were to bring to Moses whatever cases were too difficult for them to decide, that he might judge them according to the decision of God (Exo 18:26 and Exo 18:19); so in the future the judges of the different towns were to bring all difficult cases, which they were unable to decide, before the Levitical priests and judges at the place of the sanctuary, that a final decision might be given there. Deu 17:8-9 "If there is to thee a matter too marvellous for judgment (נפלא with מן, too wonderful, incomprehensible, or beyond carrying out, Gen 18:14, i.e., too difficult to give a judicial decision upon), between blood and blood, plea and plea, stroke and stroke (i.e., too hard for you to decide according to what legal provisions a fatal blow, or dispute on some civil matter, or a bodily injury, is to be settled), disputes in thy gates (a loosely arranged apposition in this sense, dispute of different kinds, such as shall arise in thy towns); arise, and get thee to the place which Jehovah thy God shall choose; and go to the Levitical priest and the judge that shall be in those days, and inquire." Israel is addressed here as a nation, but the words are not to be supposed to be directed "first of all to the local courts (Deu 16:18), and lastly to the contending parties" (Knobel), nor "directly to the parties to the suit" (Schultz), but simply to the persons whose duty it was to administer justice in the nation, i.e., to the regular judges in the different towns and districts of the land. This is evident from the general fact, that the Mosaic law never recognises any appeal to higher courts by the different parties to a lawsuit, and that in this case also it is not assumed, since all that is enjoined is, that if the matter should be too difficult for the local judges to decide, they themselves were to carry it to the superior court. As Oehler has quite correctly observed in Herzog's Cyclopaedia, "this superior court was not a court of appeal; for it did not adjudicate after the local court had already given a verdict, but in cases in which the latter would not trust itself to give a verdict at all." And this is more especially evident from what is stated in Deu 17:10, with regard to the decisions of the superior court, namely, that they were to do whatever the superior judges taught, without deviating to the right hand or to the left. This is unquestionably far more applicable to the judges of the different towns, who were to carry out exactly the sentence of the higher tribunal, than to the parties to the suit, inasmuch as the latter, at all events those who were condemned for blood (i.e., for murder), could not possibly be in a position to alter the decision of the court at pleasure, since it did not rest with them, but with the authorities of their town, to carry out the sentence. Moses did not directly institute a superior tribunal at the place of the sanctuary on this occasion, but rather assumed its existence; not however its existence at that time (as Riehm and other modern critics suppose), but its establishment and existence in the future. Just as he gives no minute directions concerning the organization of the different local courts, but leaves this to the natural development of the judicial institutions already in existence, so he also restricts himself, so far as the higher court is concerned, to general allusions, which might serve as a guide to the national rulers of a future day, to organize it according to the existing models. He had no disorganized mob before him, but a well-ordered nation, already in possession of civil institutions, with fruitful germs for further expansion and organization. In addition to its civil classification into tribes, families, fathers' houses, and family groups, which possessed at once their rulers in their own heads, the nation had received in the priesthood, with the high priest at the head, and the Levites as their assistants, a spiritual class, which mediated between the congregation and the Lord, and not only kept up the knowledge of right in the people as the guardian of the law, but by virtue of the high priest's office was able to lay the rights of the people before God, and in difficult cases could ask for His decision. Moreover, a leader had already been appointed for the nation, for the time immediately succeeding Moses' death; and in this nomination of Joshua, a pledge had been given that the Lord would never leave it without a supreme ruler of its civil affairs, but, along with the high priest, would also appoint a judge at the place of the central sanctuary, who would administer justice in the highest court in association with the priests. On the ground of these facts, sit was enough for the future to mention the Levitical priests and the judge who would be at the place of the sanctuary, as constituting the court by which the difficult questions were to be decided. (Note: The simple fact, that the judicial court at the place of the national sanctuary is described in such general terms, furnishes a convincing proof that we have here the words of Moses, and not those of some later prophetic writer who had copied the superior court at Jerusalem of the times of the kings, as Riehm and the critics assume.) For instance, the words themselves show distinctly enough, that by "the judge" we are not to understand the high priest, but the temporal judge or president of the superior court; and it is evident from the singular, "the priest that standeth to minister there before the Lord" (Deu 17:12), that the high priest is included among the priests. The expression "the priests the Levites" (Levitical priests), which also occurs in Deu 17:18; Deu 18:1; Deu 21:5; Deu 24:8; Deu 27:9; Deu 31:9, instead of "sons of Aaron," which we find in the middle books, is quite in harmony with the time and character of the book before us. As long as Aaron was living with his sons, the priesthood consisted only of himself and his sons, that is to say, of one family. Hence all the instructions in the middle books are addressed to them, and for the most part to Aaron personally (vid., Ex 28 and 29; Lev 8-10; Num 18:1, etc.). This as all changed when Aaron died; henceforth the priesthood consisted simply of the descendants of Aaron and his sons, who were no longer one family, but formed a distinct class in the nation, the legitimacy of which arose from its connection with the tribe of Levi, to which Aaron himself had belonged. It was evidently more appropriate, therefore, to describe them as sons of Levi than as sons of Aaron, which had been the title formerly given to the priests, with the exception of the high priest, viz., Aaron himself. - In connection with the superior court, however, the priests are introduced rather as knowing and teaching the law (Lev 10:11), than as actual judges. For this reason appeal was to be made not only to them, but also to the judge, whose duty it was in any case to make the judicial inquiry and pronounce the sentence. - The object of the verb "inquire" (Deu 17:9) follows after "they shall show thee," viz., "the word of right," the judicial sentence which is sought (Ch2 19:6). Deu 17:10-11 They shall do "according to the sound of the word which they utter" (follow their decision exactly), and that "according to the sound of the law which they teach," and "according to the right which they shall speak." The sentence was to be founded upon the Thorah, upon the law which the priests had to teach. Deu 17:12-13 No one was to resist in pride, to refuse to listen to the priest or to the judge. Resistance to the priest took place when any one was dissatisfied with his interpretation of the law; to the judge, when any one was discontented with the sentence that was passed on the basis of the law. Such refractory conduct was to be punished with death, as rebellion against God, in whose name the right had been spoken (Deu 1:17). (On Deu 17:13, see Deu 13:12.)

Verse 14

Choice and Right of the King. - Deu 17:14, Deu 17:15. If Israel, when dwelling in the land which was given it by the Lord for a possession, should wish to appoint a king, like all the nations round about, it was to appoint the man whom Jehovah its God should choose, and that from among its brethren, i.e., from its own people, not a foreigner or non-Israelite. The earthly kingdom in Israel was not opposed to the theocracy, i.e., to the rule of Jehovah as king over the people of His possession, provided no one was made king but the person whom Jehovah should choose. The appointment of a king is not commanded, like the institution of judges (Deu 16:18), because Israel could exist under the government of Jehovah, even without an earthly king; it is simply permitted, in case the need should arise for a regal government. There was no necessity to describe more minutely the course to be adopted, as the people possessed the natural provision for the administration of their national affairs in their well-organized tribes, by whom this point could be decided. Moses also omits to state more particularly in what way Jehovah would make known the choice of the king to be appointed. The congregation, no doubt, possessed one means of asking the will of the Lord in the Urim and Thummim of the high priest, provided the Lord did not reveal His will in a different manner, namely through a prophet, as He did in the election of Saul and David (1 Sam 8-9, and 16). The commandment not to choose a foreigner, acknowledged the right of the nation to choose. Consequently the choice on the part of the Lord may have consisted simply in His pointing out to the people, in a very evident manner, the person they were to elect, or in His confirming the choice by word and act, as in accordance with His will. Three rules are laid down for the king himself in Deu 17:16-20. In the first place, he was not to keep many horses, or lead back the people to Egypt, to multiply horses, because Jehovah had forbidden the people to return thither by that way. The notion of modern critics, that there is an allusion in this prohibition to the constitution of the kingdom under Solomon, is so far from having any foundation, that the reason assigned - namely, the fear lest the king should lead back the people to Egypt from his love of horses, "to the end that he should multiply horses" - really precludes the time of Solomon, inasmuch as the time had then long gone by when any thought could have been entertained of leading back the people to Egypt. But such a reason would be quite in its place in Moses' time, and only then, "when it would not seem impossible to reunite the broken band, and when the people were ready to express their longing, and even their intention, to return to Egypt on the very slightest occasion; whereas the reason assigned for the prohibition might have furnished Solomon with an excuse for regarding the prohibition itself as merely a temporary one, which was no longer binding" (Oehler in Herzog's Cyclopaedia: vid., Hengstenberg's Dissertations). (Note: When Riehm objects to this, that if such a prohibition had been unnecessary in a future age, in which the people had reached the full consciousness of its national independence, and every thought of the possibility of a reunion with the Egyptians had disappeared, Moses would never have issued it, since he must have foreseen the national independence of the people; the force of this objection rests simply upon his confounding foreseeing with assuming, and upon a thoroughly mistaken view of the prophet's vision of the future. Even if Moses, as "a great prophet," did foresee the future national independence of Israel, he had also had such experience of the fickle character of the people, that he could not regard the thought of returning to Egypt as absolutely an impossible one, even after the conquest of Canaan, or reject it as inconceivable. Moreover, the prophetic foresight of Moses was not, as Riehm imagines it, a foreknowledge of all the separate points in the historical development of the nation, much less a foreknowledge of the thoughts and desires of the heart, which might arise in the course of time amidst the changes that would take place in the nation. A foresight of the development of Israel into national independence, so far as we may attribute it to Moses as a prophet, was founded not upon the character of the people, but upon the divine choice and destination of Israel, which by no means precluded the possibility of their desiring to return to Egypt, even at some future time, since God Himself had threatened the people with dispersion among the heathen as the punishment for continued transgression of His covenant, and yet, notwithstanding this dispersion, had predicted the ultimate realization of His covenant of grace. And when Riehm still further observes, that the taste for horses, which lay at the foundation of this fear, evidently points to a later time, when the old repugnance to cavalry which existed in the nation in the days of the judges, and even under David, had disappeared; this supposed repugnance to cavalry is a fiction of the critic himself, without any historical foundation. For nothing more is related in the history, than that before the time of Solomon the Israelites had not cultivated the rearing of horses, and that David only kept 100 of the war-horses taken from the Syrians for himself, and had the others put to death (Sa2 8:4). And so long as horses were neither reared nor possessed by the Israelites, there can be no ground for speaking of the old repugnance to cavalry. On the other hand, the impossibility of tracing this prohibition to the historical circumstances of the time of Solomon, or even a later age, is manifest in the desperate subterfuge to which Riehm has recourse, when he connects this passage with the threat in Deu 28:68, that if all the punishments suspended over them should be ineffectual, God would carry them back in ships to Egypt, and that they should there be sold to their enemies as men-servants and maid-servants, and then discovers a proof in this, that the Egyptian king Psammetichus, who sought out foreign soldiers and employed them, had left king Manasseh some horses, solely on the condition that he sent him some Israelitish infantry, and placed them at his disposal. But this is not expounding Scripture; it is putting hypotheses into it. As Oehler has already observed, this hypothesis has no foundation whatever in the Old Testament, nor (we may add) in the accounts of Herodotus and Diodorus Siculus concerning Psammetichus. According to Diod. (i. 66), Psammetichus hired soldiers from Arabia, Caria, and Ionia; and according to Herodotus (i. 152), he hired Ionians and Carians armed with brass, that he might conquer his rival kings with their assistance. But neither of these historians says anything at all about Israelitish infantry. And even if it were conceivable that any king of Israel or Judah could carry on such traffic in men, as to sell his own subjects to the Egyptians for horses, it is very certain that the prophets, who condemned every alliance with foreign kings, and were not silent with regard to Manasseh's idolatry, would not have passed over such an abomination as this without remark or without reproof.) The second admonition also, that the king was not to take to himself many wives, and turn away his heart (sc., from the Lord), nor greatly multiply to himself silver and gold, can be explained without the hypothesis that there is an allusion to Solomon's reign, although this king did transgress both commands (Kg1 10:14. Deu 11:1.). A richly furnished harem, and the accumulation of silver and gold, were inseparably connected with the luxury of Oriental monarchs generally; so that the fear was a very natural one, that the future king of Israel might follow the general customs of the heathen in these respects.

Verse 18

And thirdly, instead of hanging his heart upon these earthly things, when he at upon his royal throne he was to have a copy of the law written out by the Levitical priests, that he might keep the law by him, and read therein all the days of his life. כּתב does not involve writing with his own hand (Philo), but simply having it written. הזּאת התּורה משׁנה does not mean τὸ δευτερονόμιον τοῦτο (lxx), "this repetition of the law," as הזּאת cannot stand for הזּה; but a copy of this law, as most of the Rabbins correctly explain it in accordance with the Chaldee version, though they make mishneh to signify duplum, two copies (see Hvernick, Introduction). - Every copy of a book is really a repetition of it. "From before the priests," i.e., of the law which lies before the priests or is kept by them. The object of the daily reading in the law (Deu 17:19 and Deu 17:20) was "to learn the fear of the Lord, and to keep His commandments" (cf. Deu 5:25; Deu 6:2; Deu 14:23), that his heart might not be lifted up above his brethren, that he might not become proud (Deu 8:14), and might not turn aside from the commandments to the right hand or to the left, that he and his descendants might live long upon the throne.

Introduction

The charge of this chapter is, I. Concerning the purity and perfection of all those animals that were offered in sacrifice (Deu 17:1). II. Concerning the punishment of those that worshipped idols (Deu 17:2-7). III. Concerning appeals from the inferior courts to the great sanhedrim (Deu 17:8-13). IV. Concerning the choice and duty of a king (Deu 17:14, etc.).

Verse 1

Here is, I. A law for preserving the honour of God's worship, by providing that no creature that had any blemish should be offered in sacrifice to him, Deu 17:1. This caveat we have often met with: Thou shalt not sacrifice that which has any blemish, which renders it unsightly, or any evil matter or thing (as the following word night better be rendered), any sickness or weakness, though not discernible at first view; it is an abomination to God. God is the best of beings, and therefore whatsoever he is served with ought to be the best in its kind. And the Old Testament sacrifices in a special manner must be so, because they were types of Christ, who is a Lamb without blemish or spot (Pe1 1:19), perfectly pure from all sin and all appearance of it. In the latter times of the Jewish church, when by the captivity in Babylon they were cured of idolatry, yet they were charged with profaneness in the breach of this law, with offering the blind, and the lame, and the sick for sacrifice, Mal 1:8. II. A law for the punishing of those that worshipped false gods. It was made a capital crime to seduce others to idolatry (ch. 13), here it is made no less to be seduced. If the blind thus mislead the blind, both must fall into the ditch. Thus God would possess them with a dread of that sin, which they must conclude exceedingly sinful when so many sanguinary laws were made against it, and would deter those from it that would not otherwise be persuaded against it; and yet the law, which works death, proved ineffectual. See here, 1. What the crime was against which this law was levelled, serving or worshipping other gods, Deu 17:3. That which was the most ancient and plausible idolatry is specified, worshipping the sun, moon, and stars; and, if that was so detestable a thing, much more was it so to worship stocks and stones, or the representations of mean and contemptible animals. Of this it is said, (1.) That it is what God had not commanded. He had again and again forbidden it; but it is thus expressed to intimate that, if there had been no more against it, this had been enough (for in the worship of God his institution and appointment must be our rule and warrant), and that God never commanded his worshippers to debase themselves so far as to do homage to their fellow-creatures: had God commanded them to do it, they might justly have complained of it as a reproach and disparagement to them; yet, when he has forbidden it, they will, from a spirit of contradiction, put this indignity upon themselves. (2.) That it is wickedness in the sight of God, Deu 17:2. Be it ever so industriously concealed, he sees it, and, be it ever so ingeniously palliated, he hates it: it is a sin in itself exceedingly heinous, and the highest affront that can be offered to Almighty God. (3.) That it is a transgression of the covenant. It was on this condition that God took them to be his peculiar people, that they should serve and worship him only as their God, so that if they gave to any other the honour which was due to him alone that covenant was void, and all the benefit of it forfeited. Other sins were transgressions of the command, but this was a transgression of the covenant. It was spiritual adultery, which breaks them marriage bond. (4.) That it is abomination in Israel, Deu 17:4. Idolatry was bad enough in any, but it was particularly abominable in Israel, a people so blessed with peculiar discoveries of the will and favour of the only true and living God. 2. How it must be tried. Upon information given of it, or any ground of suspicion that any person whatsoever, man or woman, had served other gods, (1.) Enquiry must be made, Deu 17:4. Though it appears not certain at first, it may afterwards upon search appear so; and, if it can possibly be discovered, it must not be unpunished; if not, yet the very enquiry concerning it would possess the country with a dread of it. (2.) Evidence must be given in, Deu 17:6. How heinous and dangerous soever the crime is, yet they must not punish any for it, unless there were good proof against them, by two witnesses at least. They must not, under pretence of honouring God, wrong an innocent man. This law, which requires two witnesses in case of life, we had before, Num 35:30; it is quoted, Mat 18:16. 3. What sentence must be passed and executed. So great a punishment as death, so great a death as stoning, must be inflicted on the idolater, whether man or woman, for the infirmity of the weaker sex would be no excuse, Deu 17:5. The place of execution must be the gate of the city, that the shame might be the greater to the criminal and the warning the more public to all others. The hands of the witnesses, in this as in other cases, must be first upon him, that is, they must cast the first stone at him, thereby avowing their testimony, and solemnly imprecating the guilt of his blood upon themselves if their evidence were false. This custom might be of use to deter men from false-witness bearing. The witnesses are really, and therefore it was required that they should be actually, the death of the malefactor. But they must be followed, and the execution completed, by the hands of all the people, who were thus to testify their detestation of the crime and to put the evil away from among them, as before, Deu 13:9.

Verse 8

Courts of judgment were ordered to be erected in every city (Deu 16:18), and they were empowered to hear and determine causes according to law, both those which we call pleas of the crown and those between party and party; and we may suppose that ordinarily they ended the matters that were brought before them, and their sentence was definitive; but, 1. It is here taken for granted that sometimes a case might come into their court too difficult for those inferior judges to determine, who could not be thought to be so learned in the laws as those that presided in the higher courts; so that (to speak in the language of our law) they must find a special verdict, and take time to advise before the giving of judgment (Deu 17:8): If there arise a matter too hard for thee in judgment, which it would be no dishonour to the judges to own the difficulty of, - suppose it between blood and blood, the blood of a person which cried and the blood of him that was charged with the murder which was demanded, when it was doubtful upon the evidence whether it was wilful or casual, - or between plea and plea, the plea (that is, the bill or declaration) of the plaintiff and the plea of the defendant, - or between stroke and stroke, in actions of assault and battery; in these and similar cases, thought the evidence were plain, yet doubts might arise about the sense and meaning of the law and the application of it to the particular case. 2. These difficult cases, which hitherto had been brought to Moses, according to Jethro's advice, were, after his death, to be brought to the supreme power, wherever it was lodged, whether in a judge (when there was such an extraordinary person raised up and qualified for that great service, as Othniel, Deborah, Gideon, etc.) or in the high-priest (when he was by the eminency of his gifts called of God to preside in public affairs, as Eli), or, if no single person were marked by heaven for this honour, then in the priests and Levites (or in the priests, who were Levites of course), who not only attended the sanctuary, but met in council to receive appeals from the inferior courts, who might reasonably be supposed, not only to be best qualified by their learning and experience, but to have the best assistance of the divine Spirit for the deciding of doubts, Deu 17:9, Deu 17:11, Deu 17:12. They are not appointed to consult the urim and thummim, for it is supposed that these were to be consulted only in cases relating to the public, either the body of the people or the prince; but in ordinary cases the wisdom and integrity of those that sat at the stern must be relied on, their judgment had not the divine authority of an oracle, yet besides the moral certainty it had, as the judgment of knowing, prudent, and experienced men, it had the advantage of a divine promise, implied in those words (Deu 17:9), They shall show thee the sentence of judgment; it had also the support of a divine institution, by which they were made the supreme judicature of the nation. 3. The definitive sentence given by the judge, priest, or great council, must be obeyed by the parties concerned, upon pain of death: Thou shalt do according to their sentence (Deu 17:10); thou shalt observe to do it, thou shalt not decline from it (Deu 17:11), to the right hand nor to the left. Note, It is for the honour of God and the welfare of a people that the authority of the higher power be supported and the due order of government observed, that those be obeyed who are appointed to rule, and that every soul be subject to them in all those things that fall within their commission. Though the party thought himself injured by the sentence (as every man is apt to be partial in is own cause), yet he must needs be subject, must stand to the award, how unpleasing soever, and bear, or lose, or pay, according to it, not only for wrath, but also for conscience' sake. But if an inferior judge contradict the sentence of the higher court and will not execute the orders of it, or a private person refuse to conform to their sentence, the contumacy must be punished with death, though the matter were ever so small in which the opposition was made: That man shall die, and all the people shall hear and fear, Deu 17:12, Deu 17:13. See here, (1.) The evil of disobedience. Rebellion and stubbornness, from a spirit of contradiction and opposition of God, or those in authority under him, from a principle of contempt and self-willedness, are as witchcraft and idolatry. To differ in opinion from weakness and infirmity may be excused and must be borne with; but to do so presumptuously, in pride and wickedness (as the ancient translations explain it), this is to take up arms against the government, and is an affront to him by whom the powers that be are ordained. (2.) The design of punishment: that others may hear and fear, and not do the like. Some would be so considerate as to infer the heinousness of the offence from the grievousness of the penalty, and therefore would detest it; and others would so far consult their own safety as to cross their humours by conforming to the sentence rather than to sin against their own heads, and forfeit their lives by going contrary to it. From this law the apostle infers the greatness of the punishment of which those will be thought worthy that trample on the authority of the Son of God, Heb 10:28, Heb 10:29.

Verse 14

After the laws which concerned subjects fitly followed the laws which concern kings; for those that rule others must themselves remember that they are under command. Here are laws given, I. To the electors of the empire, what rules they must go by in making their choice, Deu 17:14, Deu 17:15. 1. It is here supposed that the people would, in process of time, be desirous of a king, whose royal pomp and power would be thought to make their nation look great among their neighbours. Their having a king is neither promised as a mercy nor commanded as a duty (nothing could be better for them than the divine regimen they were under), but it is permitted them if they desired it. If they would but take care to have the ends of government answered, and God's laws duly observed and put in execution, they should not be tied to any one form of government, but should be welcome to have a king. Though something irregular is supposed to be the principle of the desire, that they might be like the nations (whereas God in many ways distinguished them from the nations), yet God would indulge them in it, because he intended to serve his own purposes by it, in making the regal government typical of the kingdom of the Messiah. 2. They are directed in their choice. If they will have a king over them, as God foresaw they would (though it does not appear that ever the motion was made till almost 400 years after), then they must, (1.) Ask counsel at God's mouth, and make him king whom God shall choose; and happy it was for them that they had an oracle to consult in so weighty an affair, and a God to choose for them who knows infallibly what every man is and will be. Kings are God's viceregents, and therefore it is fit that he should have the choosing of them: God had himself been in a particular manner Israel's King, and if they set another over them, under him, it was necessary that he should nominate the person. Accordingly, when the people desired a king, they applied to Samuel a prophet of the Lord; and afterwards David, Solomon, Jeroboam, Jehu, and others, were chosen by the prophets; and the people are reproved for not observing this law, Hos 8:4 : They have set up kings but not by me. In all cases God's choice, if we can but know it, should direct, determine, and overrule ours. (2.) They must not choose a foreigner under pretence of strengthening their alliances, or of the extraordinary fitness of the person, lest a strange king should introduce strange customs of usages, contrary to those that were established by the divine law; but he must be one from among thy brethren, that he may be a type of Christ, who is bone of our bone, Heb 2:14. II. Laws are here given to the prince that should be elected for the due administration of the government. 1. He must carefully avoid every thing that would divert him from God and religion. Riches, honours, and pleasures are the three great hindrances of godliness (the lusts of the flesh, the lusts of the eye, and the pride of life), especially to those in high stations: against these therefore the king is here warned. (1.) He must not gratify the love of honour by multiplying horses, Deu 17:16. He that rode upon a horse (a stately creature) in a country where asses and mules were generally used looked very great; and therefore though he might have horses for his own saddle, and chariots, yet he must not set servants on horseback (Ecc 10:7) nor have many horses for his officers and guards (when God was their King, his judges rode on asses, Jdg 5:10; Jdg 12:14), nor must he multiply horses for war, lest he should trust too much to them, Psa 20:7; Psa 33:17; Hos 14:3. The reason here given against his multiplying horses is because it would produce a greater correspondence with Egypt (which furnished Canaan with horses, Kg1 10:28, Kg1 10:29) than it was fit the Israel of God should have, who were brought thence with such a high hand: You shall return no more that way, for fear of being infected with the idolatries of Egypt (Lev 18:3), to which they were very prone. Note, We should take heed of that commerce or conversation by which we are in danger of being drawn into sin. If Israel must not return to Egypt, they must not trade with Egypt; Solomon got no good by it. (2.) He must not gratify the love of pleasure by multiplying wives (Deu 17:17), as Solomon did to his undoing (Kg1 11:1), that his heart, being set upon them, turn not away from business, and every thing that is serious, and especially from the exercise of piety and devotion, to which nothing is a greater enemy than the indulgence of the flesh. (3.) He must not gratify the love of riches by greatly multiplying silver and gold. A competent treasure is allowed him, and he is not forbidden to be good husband of it, but, [1.] He must not greatly multiply money, so as to oppress his people by raising it (as Solomon seems to have done, Kg1 12:4), nor so as to deceive himself, by trusting to it, and setting his heart upon it, Psa 62:10. [2.] He must not multiply it to himself. David multiplied silver and gold, but it was for the service of God (Ch1 29:4), not for himself; for his people, not for his own family. 2. He must carefully apply himself to the law of God, and make that his rule. This must be to him better than all riches, honours, and pleasures, than many horses or many wives, better than thousands of gold and silver. (1.) He must write himself a copy of the law out of the original, which was in the custody of the priests that attended the sanctuary, Deu 17:18. Some think that he was to write only this book of Deuteronomy, which is an abstract of the law, and the precepts of which, being mostly moral and judicial, concerned the king more than the laws in Leviticus and Numbers, which, being ceremonial, concerned chiefly the priests. Others think that he was to transcribe all the five books of Moses, which are called the law, and which were preserved together as the foundation of their religion. Now, [1.] Though the king might be presumed to have very fair copies by him from his ancestors, yet, besides those, he must have one of his own: it might be presumed that theirs were worn with constant use; he must have a fresh one to begin the world with. [2.] Though he had secretaries about him whom he might employ to write this copy, and who perhaps could write a better hand than he, yet he must do it himself, with his own hand, for the honour of the law, and that he might think no act of religion below him, to inure himself to labour and study, and especially that he might thereby be obliged to take particular notice of every part of the law and by writing it might imprint it in his mind. Note, It is of great use for each of us to write down what we observe as most affecting and edifying to us, out of the scriptures and good books, and out of the sermons we hear. A prudent pen may go far towards making up the deficiencies of the memory, and the furnishing of the treasures of the good householder with things new and old. [3.] He must do this even when he sits upon the throne of his kingdom, provided that he had not done it before. When he begins to apply himself to business, he must apply himself to this in the first place. He that sits upon the throne of a kingdom cannot but have his hands full. The affairs of his kingdom both at home and abroad call for a large share of his time and thoughts, and yet he must write himself a copy of the law. Let not those who call themselves men of business think that this will excuse them from making religion their business; nor let great men think it any disparagement to them to write for themselves those great things of God's law which he hath written to them, Hos 8:12. (2.) Having a Bible by him of his own writing, he must not think it enough to keep it in his cabinet, but he must read therein all the days of his life, Deu 17:19. It is not enough to have Bibles, but we must use them, use them daily, as the duty and necessity of everyday require: our souls must have their constant meals of that manna; and, if well digested, it will be true nourishment and strength to them. As the body is receiving benefit by its food continually, and not only when it is eating, so is the soul, by the word of God, if it meditate therein day and night, Psa 1:2. And we must persevere in the use of the written word of God as long as we live. Christ's scholars never learn above their Bibles, but will have a constant occasion for them till they come to that world where knowledge and love will both be made perfect. (3.) His writing and reading were all nothing if he did not reduce to practice what he wrote and read, Deu 17:19, Deu 17:20. The word of God is not designed merely to be and entertaining subject of speculation, but to be a commanding rule of conversation. Let him know, [1.] What dominion his religion must have over him, and what influence it must have upon him. First, It must possess him with a very reverent and awful regard to the divine majesty and authority. He must learn (and thus the most learned must by ever learning) to fear the Lord his God; and, as high as he is, he must remember that God is above him, and, whatever fear his subjects owe to him, that, and much more, he owes to God as his King. Secondly, It must engage him to a constant observance of the law of God, and a conscientious obedience to it, as the effect of that fear. He must keep all the words of this law (he is custos utriusque tabulae - the keeper of both tables), not only take care that others do them, but do them himself as a humble servant to the God of heaven and a good example to his inferiors. Thirdly, It must keep him humble. How much soever he is advanced, let him keep his spirit low, and let the fear of his God prevent the contempt of his brethren; and let not his heart be lifted up above them, so as to carry himself haughtily or disdainfully towards them, and to trample upon them. Let him not conceit himself better than they because he is greater and makes a fairer show; but let him remember that he is the minister of God to them for good (major singulis, but minor universis - greater than any one, but less than the whole). It must prevent his errors, either on he right hand or on the left (for there are errors on both hands), and keep him right, in all instances, to his God and to his duty. [2.] What advantage his religion would be of to him. Those that fear God and keep his commandments will certainly fare the better for it in this world. The greatest monarch in the world may receive more benefit by religion than by all the wealth and power of his monarchy. It will be of advantage, First, To his person: He shall prolong his days in his kingdom. We find in the history of the kings of Judah that, generally, the best reigns were the longest, except when God shortened them for the punishment of the people, as Josiah's. Secondly, To his family: his children shall also prosper. Entail religion upon posterity, and God will entail a blessing upon it.

Verse 1

17:1 A sick or defective animal had little monetary value, so it was no sacrifice to surrender it to the Lord (cp. 15:21).

Verse 3

17:3 The forces of heaven are visible objects such as the sun, moon, and stars, as well as invisible beings such as angels. Worship of anyone or anything created by God is a clear violation of the second commandment (see 5:9).

Verse 4

17:4 Anything offensive to the Lord could be called a detestable thing (see 7:25; 12:31; 13:14).

Verse 5

17:5 the gates: A typical town in ancient Israel was small (about 10 acres or less) and crowded. It had few open areas except for a plaza just inside or outside the main gate where public meetings were held, including trials and other judicial proceedings. The place here is clearly outside of the town because stoning to death would not occur inside the walls (22:24; 1 Kgs 21:10) except under unusual circumstances (Deut 22:21).

Verse 7

17:7 The instruction for witnesses to throw the first stones guarded against unfounded allegations. False testimony carried serious consequences. Requiring a witness to take the leading role in an execution helped guarantee the reliability of his testimony; he would personally bear the guilt if he took the life of an innocent person (see John 8:1-11). • The people would purge the evil from among you by executing those whose sin brought the stain of guilt upon the community of Israel (see “Purge the Evil” Theme Note; cp. 1 Cor 5:12-13 and study note).

Verse 8

17:8 whether someone is guilty of murder or only of manslaughter: In Old Testament law, as in modern jurisprudence, murder was intentional, manslaughter was accidental (cp. 19:1-13).

Verse 9

17:9 priests or the judge: Both types of officials could decide matters of either a religious or a secular nature.

Verse 11

17:11 do not modify it: This Hebrew term envisions keeping on a straight path (cp. Prov 4:25-27; Heb 12:13). Once a verdict has been rendered, the sentence must be applied according to the law and the rules of evidence. Justice must be carried out on an unswerving path of fairness and righteousness.

Verse 12

17:12 purge the evil: The effects of evil should not be allowed to fester in the community. Like a cancer, they must be completely eradicated.

Verse 15

17:15 the man the Lord your God chooses: Human monarchy was not contrary to God’s will for Israel (cp. 1 Sam 8:6-7)—God promised Abraham and Sarah that their descendants would include kings (Gen 17:6, 16; see also Gen 35:11). But the abuses of kingship were condemned. The theology that views the Messiah in a kingly role (2 Sam 7:11-15; Pss 2; 110; Isa 9:6-7) provides for both human and divine royalty.

Verse 16

17:16 never return to Egypt: Going there would show a king’s lack of dependence on God, who had redeemed Israel from bondage to Egypt. The best horses were found in Egypt (see 1 Kgs 10:28-29).

Verse 17

17:17 many wives: Polygamy is neither prohibited nor sanctioned here. This guideline was meant to moderate and regulate the practice. In the ancient world, kings married many wives to cement political alliances with other kingdoms, showing trust in human power rather than God’s provision. David (2 Sam 5:13; 12:11) and Solomon (1 Kgs 11:3-4) both ignored this warning to their own great harm and that of the nation. • must not accumulate: The amassing of wealth was another sign of dependence on human resources.

Verse 18

17:18 This body of instruction (literally this torah) refers to the book of Deuteronomy or perhaps only to this passage concerning the Israelite monarchy. For torah, see study note on 4:44.

Beware of a Satanic Set-Up

Are You Ready for a Relationship?

How Quickly We Turn Aside

(Through the Bible) Ecclesiastes 7-12

(Through the Bible) 1 Kings 9-16

(Through the Bible) Deuteronomy 17-20

Personal Revival

Wait Upon the Lord

How to Study Your Bible - Part 2

Look to God and Not to Egypt

Week of Meetings 1986-01

(Through the Bible) Deuteronomy

Uzziah's Pride - Famous King to Excluded Leper by James Jennings

Old Testament Survey - Part 23

Gospel Meetings s.h.c.- 03 Now Then Do It!

1 John 5:9

The Evil Origin of a Good King

And David Took Him More Wives Out of Jerusalem.

An Antidote for Pride

Stephen - Thy Witness

Watchman or Gossip? Contentiously Contending - 7

Introduction

Verse 2

Verse 8

Verse 14

Verse 15

Verse 16

Verse 17

Verse 18

Verse 20

Introduction

Verse 1

Verse 2

Verse 3

Verse 4

Verse 5

Verse 6

Verse 7

Verse 8

Verse 9

Verse 10

Verse 11

Verse 12

Verse 13

Verse 14

Verse 15

Verse 16

Verse 17

Verse 18

Verse 19

Verse 20

Introduction

Verse 2

Verse 8

Verse 14

Verse 18

Introduction

Verse 1

Verse 8

Verse 14

Verse 1

Verse 3

Verse 4

Verse 5

Verse 7

Verse 8

Verse 9

Verse 11

Verse 12

Verse 15

Verse 16

Verse 17

Verse 18