The Expositor's Bible: The Book of DeuteronomyHarper, Andrew
Religion
The Expositor's Bible: The Book of Deuteronomy
Harper, Andrew
Bible. Deuteronomy -- Commentaries
In the Book of the Covenant, which in this matter represents so
early a period that there is no mention of "judges," only of
Pelilim,[112] _i.e._ arbitrators (Exod. xxi. 22), so that the tribal
and family heads can alone have exercised judicial functions, we
find the most solemn warnings against any legal perversion of right
to gain popularity, against yielding to the vulgar temptation to
oppress the poor, or to the subtler and, for generous minds, more
insidious temptation, to give an unjust judgment out of pity for
the poor. Israel was, moreover, to keep far from bribery, "which
blindeth them that have sight, and perverteth righteous causes." In
no way was the law to be used for criminal or oppressive purposes.
From the very first, therefore, in Israel the higher principles of
faith and life set themselves to combat _à outrance_ the tendency to
unjust judgment, which seems now, at least, quite ineradicable in
the East, save among the Bedouin.[113]
[112] A probable parallel to these may be found in the non-official
arbiters mentioned by Doughty, _Arabia Deserta_, vol. i. pp. 145 and
502-3.
[113] Doughty, vol. i., p. 249.
A still higher note is struck in the repetition of the law in the
Book of Deuteronomy. In chap. i., originally part of a historic
introduction to the book proper, we read: "Hear the causes between
your brethren, and judge righteously between a man and his brother,
and the stranger that is with him. Ye shall not respect persons in
judgment; ye shall hear the small and the great alike; ye shall not
be afraid of the face of man; for the judgment (_i.e._ the whole
judicial process and function) is God's; and the cause that is too
hard for you ye shall bring unto me (Moses), and I will hear it."
Yes, the judgment is God's. Just as the whole of moral duty towards
man was raised by the Decalogue to a new and more intimate relation
with God, so here justice, the fundamental necessity of a sound and
stable political state, is lifted out of the conflict of mean and
selfish motives, in which it must eventually go down, and is set on
high as a matter in which the righteous God is supremely concerned.
In this, as in all things, Israel was called to a lonely eminence of
ideal perfection by the character of the God whom they were bound
to serve. Therefore it strikes us with no surprise that justice
is insisted upon almost with passion in Deut. xvii. 20: "Justice,
justice shalt thou pursue after, that thou mayest live and possess
the land which Yahweh thy God giveth thee"; or that it is made one
of the conditions of Israel's permanence as a nation. In chap. xxiv.
17 we read, "Thou shalt not wrest the judgment of the stranger, nor
of the fatherless; nor take the widow's raiment to pledge"; in xxv.
1 and 2, "If there be a plea between men, ... then they (_i.e._ the
judges) shall justify the righteous and condemn the wicked." For
any other course of conduct would bring guilt upon the nation in
Public-domain text, read in full here on John Shaqi.
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