Carl Friedrich Keil and Franz Delitzsch Old Testament Commentary

The judges chosen were arranged as chiefs (שׂרים) over thousands, hundreds, fifties, and tens, after the analogy of the military organization of the people on their march (Num 31:14), in such a manner, however, that this arrangement was linked on to the natural division of the people into tribes, families, etc. (see my Archologie, 140). For it is evident that the decimal division was not made in an arbitrary manner according to the number of heads, from the fact that, on the one hand, the judges were chosen from the heads of their tribes and according to their tribes (Deu 1:13); and on the other hand, the larger divisions of the tribes, viz., the families (mishpachoth), were also called thousands (Num 1:15; Num 10:4; Jos 22:14, etc.), just because the number of their heads of families would generally average about a thousand; so that in all probability the hundreds, fifties, and tens denote smaller divisions of the nation, in which there were about this number of fathers. Thus in Arabic, for example, "the ten" is a term used to signify a family (cf. Hengstenberg, Dissertations v. ii. 343, and my Arch. 149). The difference between the harder or greater matters and the smaller matters consisted in this: questions which there was not definite law to decide were great or hard; whereas, on the other hand, those which could easily be decided from existing laws or general principles of equity were simple or small. (Vide Joh. Selden de Synedriis i. c. 16, in my Arch. 149, Not. 3, where the different views are discussed respecting the relative positions and competency of the various judges, about which there is no precise information given in the law.) So far as the total number of judges is concerned, all that can be affirmed with certainty is, that the estimated number of 600 judges over thousands, 6000 over hundreds, 12,000 over fifties, and 60,000 over tens, in all 78,600 judges, which is given by Grotius and in the Talmud, and according to which there must have been a judge for every seven adults, is altogether erroneous (cf. J. Selden l.c. pp. 339ff.). For if the thousands answered to the families (Mishpachoth), there cannot have been a thousand males in every one; and in the same way the hundreds, etc., are not to be understood as consisting of precisely that number of persons, but as larger or smaller family groups, the numerical strength of which we do not know. And even if we did know it, or were able to estimate it, this would furnish no criterion by which to calculate the number of the judges, for the text does not affirm that every one of these larger or smaller family groups had a judge of its own; in fact, the contrary may rather be inferred, from the fact that, according to Deu 1:15, the judges were chosen out of the heads of the tribes, so that the number of judges must have been smaller than that of the heads, and can hardly therefore have amounted to many hundreds, to say nothing of many thousands.