(18) Judges and officers.--A fresh section of the book, as read in the synagogues, begins with these words.
The land is now considered as the seat of the Kingdom of Jehovah, to the end of ch. 18. See Introduction for a complete analysis, and comp. Joshua 23:2, which shows that these magistrates were already appointed.
Verses 18-20. - Moses had at an earlier period appointed judges to settle disputes among the people, and had given instructions to them for the discharge of their duty (Exodus 18; Deuteronomy 1:12-18). Whilst the people were in the wilderness, united as one body and under the leadership of Moses, this arrangement was sufficient; but a more extended arrangement would be required when they came to be settled in Canaan and dispersed in towns and villages over the whole land. In prospect of this, Moses here enacts that judges and officers were to be appointed by the people in all their gates, in all their places of residence, which the Lord should give them. Verse 18. - Judges and officers. The "officers" (shoterim, writers) associated with the judges both in the earlier arrangements and in that which was to succeed were secretaries and clerks of court, and acted also as assessors and advisers of the judges. No instruction is given as to the number of judges and officers, or as to the mode of appointing them; nor was this necessary. The former would be determined by the size and population of the place where they were appointed, and the latter would, as a matter of course, follow the method instituted by Moses in the earlier arrangement (see Deuteronomy 1:13-15; Exodus 18:21-26).
16:18-22 Care is taken for the due administration of justice. All personal regards must be laid aside, so that right is done to all, and wrong to none. Care is taken to prevent following the idolatrous customs of the heathen. Nothing belies God more, or tends more to corrupt the minds of men, than representing and worshipping, by an image, that God, who is an almighty and eternal Spirit, present every where. Alas! even in gospel days, and under a better dispensation, established upon better promises, there is a tendency to set up idols, under one form or another, in the human heart.
Judges and officers shall thou make thee,.... Judges were fixed in the sanhedrim, or court of judicature, and those that have lawsuits come before them; officers are masters of the staff and whip, and they stand before the judges, and go into markets, streets, and shops, to order the weights and measures, and to smite all that do wrong; and all they do is by order of the judges; so Maimonides (s): the qualifications of judges to be chosen and constituted by the people are thus described by him. In the sanhedrim, greater or lesser, they place only men wise and understanding, expert in the wisdom of the law, and masters of great knowledge, and that know some of the other sciences, as medicine, arithmetic, astronomy, and astrology, the ways of soothsayers, diviners, and wizards, and the vanities of idolatry, that they may know how to judge them; and they set in the sanhedrim only priests, Levites, and Israelites, who are genealogized; nor do they set an old man there, nor an eunuch, nor a king, but an high priest, if he is qualified with wisdom; and they must be free from blemishes, and of a good stature and appearance, and understand many languages, and not hear by an interpreter; and though all this was not precisely required of the sanhedrim of three judges, yet these same things ought to be in everyone of them, wisdom, and meekness, and fear, and hatred of money, and love of truth, and love of men, and to be of a good report (t) and these were to be placed in
all thy gates which the Lord thy God giveth thee throughout thy tribes; that is, in every city, as Onkelos, and so Jarchi; and usually the courts of judicature were held in the gates of cities, and it was only in the land of Israel, not without it, that they were obliged to set up courts of judicature, as Maimonides (u) observes; who also asks, how many courts were fixed in Israel, and what the number they consisted of? to which he answers, they fixed at first the great court in the sanctuary, and it was called the great sanhedrim, and its number were seventy one; and again, they set up two courts of twenty three, one at the door of the court, and the other at the door of the mountain of the house (and so in the Misnah) (w); and they set up in every city in Israel, in which were one hundred and twenty (men or families) or more, a lesser sanhedrim, which sat in the gate, and their number were twenty three judges; in a city in which there were not one hundred and twenty, they placed three judges, for there is no court less than three (x):
and they shall judge the people with just judgment; give a right and just sentence in all cases that come before them, according to the laws of God, and the rules of justice and equity.
(s) Hilchot Sanhedrin, c. 1. sect. 1.((t) Ib. c. 2. sect. 1, 2, 3, 4, 5, 6, 7. (u) Ib. c. 1. sect. 2.((w) Sanhedrin, c. 10. sect. 2.((x) Ib. sect. 3, 4.
The land is now considered as the seat of the Kingdom of Jehovah, to the end of ch. 18. See Introduction for a complete analysis, and comp. Joshua 23:2, which shows that these magistrates were already appointed.
all thy gates which the Lord thy God giveth thee throughout thy tribes; that is, in every city, as Onkelos, and so Jarchi; and usually the courts of judicature were held in the gates of cities, and it was only in the land of Israel, not without it, that they were obliged to set up courts of judicature, as Maimonides (u) observes; who also asks, how many courts were fixed in Israel, and what the number they consisted of? to which he answers, they fixed at first the great court in the sanctuary, and it was called the great sanhedrim, and its number were seventy one; and again, they set up two courts of twenty three, one at the door of the court, and the other at the door of the mountain of the house (and so in the Misnah) (w); and they set up in every city in Israel, in which were one hundred and twenty (men or families) or more, a lesser sanhedrim, which sat in the gate, and their number were twenty three judges; in a city in which there were not one hundred and twenty, they placed three judges, for there is no court less than three (x):
and they shall judge the people with just judgment; give a right and just sentence in all cases that come before them, according to the laws of God, and the rules of justice and equity.
(s) Hilchot Sanhedrin, c. 1. sect. 1.((t) Ib. c. 2. sect. 1, 2, 3, 4, 5, 6, 7. (u) Ib. c. 1. sect. 2.((w) Sanhedrin, c. 10. sect. 2.((x) Ib. sect. 3, 4.