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.
17:1 Bullock or sheep - Either greater or smaller sacrifices, all being comprehended under the two most eminent kinds.
17:2 ln transressing his covenant - That is, in idolatry, as it is explained Deu 17:3, which is called a transgression of God's covenant made with Israel, both because it is a breach of their faith given to God and of that law which they covenanted to keep; and because it is a dissolution of that matrimonial covenant with God, a renouncing of God and his worship, and a chusing other Gods.
17:3 The host of heaven - Those glorious creatures, which are to be admired as the wonderful works of God, but not to be set up in God's stead.By condemning the most specious of all idolaters, he intimates, how absurd a thing it is to worship stocks and stones, the works of men's hands.I have not commanded - That is, I have forbidden. Such negative expressions are emphatical.
17:6 Witnesses - Namely, credible and competent witnesses. The Jews rejected the testimonies of children, women, servants, familiar friends or enemies, persons of dissolute lives or evil fame.
17:7 First upon him - God thus ordered it, for the caution of witnesses, that, if they had thro' malice or wrath accused him falsely, they might now be afraid to imbrue their hands in innocent blood; and for the security and satisfaction of the people in the execution of this punishment.
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.
17:10 Thou - Thou shalt pass sentence: he speaks to the inferior magistrates; who were to give sentence, and came hither to be advised about it.
17:11 Thou shalt do - In particular suits between man and man, altho' the judge be hereby confined to his rule in giving the sentence, yet it seems but fit and reasonable that people should be bound simply to acquiesce in the sentence of their last and highest judge, or else there would have been no end of strife.
17:12 Do presumptuously - That will proudly and obstinately oppose the sentence given against him. The evil - The evil thing, that scandal, that pernicious example.
17:13 When thou shalt - He only foresees and foretells what they would do, but doth not approve of it. Yea when they did this thing for this very reason, he declares his utter dislike of it, Deu 8:7.
17:15 Thy God shall chuse - Approve of, or appoint. So it was in Saul and David. God reserved to himself the nomination both of the family, and of the person. Thy brethren - Of the same nation and religion; because such a person was most likely to maintain true religion, and to rule with righteousness, gentleness, and kindness to his subjects; and that he might be a fit type of Christ their supreme king, who was to be one of their brethren.
17:16 He shall not multiply horses - Tho' he might have horses for his own use, yet he was not to have many horses for his officers and guard, much less for war, lest he should trust in them. The multiplying horses is also forbidden, lest it should raise too great a correspondence with Egypt which furnished Canaan with them. The Lord hath said - The Lord hath now said to me, and I by his command declare it to you. Ye shall no more return that way - Into Egypt, lest ye be again infected with her idolatries.
17:17 Turn away - From God and his law.
17:18 He shall write - With his own hand, as the Jews say. Out of that - Out of the original, which was carefully kept by the priests in the sanctuary, that it might be a perfect copy, and that it might have the greater influence upon him, coming to him as from the hand and presence of God.
17:19 All the days of his life - 'Tis not enough to have Bibles, but we must use them, yea, use them daily. Our souls must have constant meals of that manna, which if well digested, will afford them true nourishment and strength.
17:20 If his heart be not lifted up - He intimates, that the scriptures diligently read, are a powerful means to keep him humble, because they shew him in that, tho' a king, he is subject to an higher monarch, to whom he must give an account of all his administrations, and receive from him his sentence agreeable to their quality, which is sufficient to abate the pride of the haughtiest person in the world.