Carl Friedrich Keil and Franz Delitzsch Old Testament Commentary

The judgment scene. To the heavens above (מעל, elsewhere a preposition, here, as in Gen 27:39; Gen 49:25, an adverb, desuper, superne) and to the earth God calls (קרא אל, as, e.g., Gen 28:1), to both לדין עמּו, in order to sit in judgment upon His people in their presence, and with them as witnesses of His doings. Or is it not that they are summoned to attend, but that the commission, Psa 50:5, is addressed to them (Olshausen, Hitzig)? Certainly not, for the act of gathering is not one that properly belongs to the heavens and the earth, which, however, because they exist from the beginning and will last for ever, are suited to be witnesses (Deu 4:26; Deu 32:1; Isa 1:2, 1 Macc. 2:37). The summons אספוּ is addressed, as in Mat 24:31, and frequently in visions, to the celestial spirits, the servants of the God here appearing. The accused who are to be brought before the divine tribunal are mentioned by names which, without their state of mind and heart corresponding to them, express the relationship to Himself in which God has placed them (cf. Deu 32:15; Isa 42:19). They are called חסידים, as in the Asaph Psa 79:2. This contradiction between their relationship and their conduct makes an undesigned but bitter irony. In a covenant relationship, consecrated and ratified by a covenant sacrifice (עלי־זבח similar to Psa 92:4; Psa 10:10), has God placed Himself towards them (Ex 24); and this covenant relationship is also maintained on their part by offering sacrifices as an expression of their obedience and of their fidelity. The participle כּרתי here implies the constant continuance of that primary covenant-making. Now, while the accused are gathered up, the poet hears the heavens solemnly acknowledge the righteousness of the Judge beforehand. The participial construction שׁפט הוּא, which always, according to the connection, expresses the present (Nah 1:2), or the past (Jdg 4:4), or the future (Jer 25:31), is in this instance an expression of that which is near at hand (fut. instans). הוּא has not the sense of ipse (Ew. 314, a), for it corresponds to the "I" in אני שׁפט or הנני שׁפט; and כּי is not to be translated by nam (Hitzig), for the fact that God intends to judge requires no further announcement. On the contrary, because God is just now in the act of sitting in judgment, the heavens, the witnesses most prominent and nearest to Him, bear witness to His righteousness. The earthly music, as the סלה directs, is here to join in with the celestial praise. Nothing further is now wanting to the completeness of the judgment scene; the action now begins.