The book of Deuteronomy proposes a theocratic social order as optimal for the people of God. It allows secular, in particular royal, power, yet Deuteronomy noticeably limits the king's rights. The point is not that from the point of view...
The book of Deuteronomy proposes a theocratic social order as optimal for the people of God. It allows secular, in particular royal, power, yet Deuteronomy noticeably limits the king's rights. The point is not that from the point of view of the Torah precisely hierocracy, the rule of the priesthood, is the only possible form of social order for the people of God: the legislation of Exodus, for example, does not insist on hierocracy.
The book of Deuteronomy was written quite late, perhaps around the middle of the ninth century BC, when traditionalism with its religious order had gone into the past forever, and society, particularly in the Kingdom of Israel where the book was written, was essentially pagan. The leaders of the prophetic movement of this era were sure that only strict centralization of worship and the authority of the priesthood could in such conditions protect the people from paganism. Their views found expression in Deuteronomy.
But besides this strictly historical aspect, there is in it something universal, independent of any historical specifics. Supreme judicial authority is entrusted to the temple priesthood not only because it, and also the prophetic communities, alone were in those days the guardians of pure Yahwism, without any pagan influences or additions.
It is entrusted to them first of all because the temple priesthood in the era of the First Temple was the bearer of a more or less generally accepted value system. Judicial procedure is impossible without such a generally accepted value system, just as any legislation is impossible without it: a society whose value norms do not coincide with the laws in force cannot be forced to observe those laws.
Values, in turn, require an absolute spiritual foundation, an absolute source. No human community and no institution created by people can be such an absolute source: only God can put every dot on every i when it comes to spiritual and moral values. It is not accidental that the history of the Torah at Sinai begins with its being given to Moses as a prophet of God.
In the age of Moses, Joshua, and the Judges, God's people were the chief interpreters of this God-given Torah, and the people, seeing them as people of God, listened to their words. In the era of the First Temple the people likewise listened to the words of the Levitical priests.
It is not surprising that Deuteronomy, in new and changed conditions, entrusts the highest judicial authority to them: now they become the interpreters of the Torah. But the system of spiritual and moral values remains the same. And the logic of the Torah as active legislation also remains the same: the expression and embodiment in law of this system of values, so that the Torah may become an instrument for organizing the life not only of an individual person, but also of a whole people in its social and state life.
17 A charge, concerning sacrifices, Deu 17:1.
Concerning putting idolaters to death, Deu 17:2-7.
Concerning the decision of cases by the sanhedrim, Deu 17:8-13.
Concerning the choice and duty of a king, Deu 17:14-20.
17:8 For thee - He speaks to the inferior magistrates, who were erected in several cities. If thou hast not skill to determine, between blood and blood - That is, in capital causes. Between plea and plea - In civil causes, about words or estates. Between stroke and stroke - In criminal causes, concerning blows, or wounds inflicted by one man upon another. Matters of controversy - That is, such things being doubtful, and the magistrates divided in their opinions about it. Chuse - Namely to set up his tabernacle, or temple there; because there was the abode, both of their sanhedrim, which was constituted of priests and civil magistrates, and of the high - priests, who were to consult God by Urim, in matters which could not be decided otherwise.
17:9 Unto the priests - That is, unto the great council, which consisted chiefly of the priests and Levites, as being the best expositors of the laws of God, by which all those controversies were to be decided.And the high - priest was commonly one of that number, understood here under the priests, whereof be was the chief. The judge - Probably the high - priest, to whom it belonged to determine, some at least, of those controversies, and to expound the law of God. And he may be distinctly named, tho' he be one of the priests, because of his eminency, and to shew that amongst the priests, he especially was to be consulted in such cases.The sentence of judgment - Heb. The word, or matter of judgement, that is, the true state of the cause, and what judgment or sentence ought to be given in it.