Exegetical and Hermeneutical Commentary of Deuteronomy 1:16
And I charged your judges at that time, saying, Hear [the causes] between your brethren, and judge righteously between [every] man and his brother, and the stranger [that is] with him.
16. judges ] Unless the previous emendation be accepted the term judges appears here for the first time in the passage.
Hear and judge righteously ] The two indispensables: patient, equal hearing, and impartial decision.
your brethren ] Your fellow-Israelites.
the stranger that is with him ] His Gr or sojourner: any non-Israelite who leaving his own kin settles under the protection of an Israelite family or individual; in distinction from the ‘ezra or born Israelite (Jos 8:33). The Ar. equivalents are ar and ar. See W. R. Smith, OTJC 2 , 342 n., and Rel. Sem. 75 ff. In E the Gr is not to be wronged, Exo 22:21; Exo 23:9, and to have rest on the Sabbath, Exo 23:12; cp. Exo 20:8. In D his equal rights at law are reiterated here, Deu 24:17, Deu 27:19; not to be oppressed, Deu 24:14, but cherished, Deu 10:19; to share with the Levite and the poor, Deu 14:29, Deu 16:11-14, Deu 24:19 ff., Deu 26:11 ff.; to rest on the Sabbath, Deu 5:14; enter the covenant, Deu 29:11; and keep the Law, Deu 31:12; only he is to have freedom in meats forbidden to Israel, Deu 14:21; if Israel persists in sin the Gr shall rise over him, Deut 18:43. See on Deu 10:19 and Deu 14:21 where the different treatment of the Gr in P is noted.
Fuente: The Cambridge Bible for Schools and Colleges
That converseth or dealeth with him. To such God would have justice equally administered as to his own people, partly for the honour of religion, and partly for the interest which every man hath in matters of common right.
Fuente: English Annotations on the Holy Bible by Matthew Poole
And I charged your judges at that time,…. When they were appointed and constituted, even the heads and rulers before spoken of; this charge is also new, and not recorded before:
saying, hear the causes between your brethren; hear both sides, and all that each of them have to say; not suffer one to say all he has to say, and oblige the other to cut his words short, as the Targum of Jonathan paraphrases it; but give them leave and time to tell their case, and give the best evidence they can of it:
and judge righteously; impartially, just as the case really appears to be, and according to the evidence given:
between every man and his brother; between an Israelite and an Israelite:
and the stranger that is with him; between an Israelite and proselyte, whether a proselyte of the gate, or of righteousness; the same justice was to be done to them as to an Israelite.
Fuente: John Gill’s Exposition of the Entire Bible
16. And I charged your judges. This charge is not found in Exo 18:0, where the only object of Moses was to point out the origin of the alteration; but now omitting the praise of his father-in-law, he merely recalls to the recollection of the Israelites what he did with them. The sum, however, of the exhortation is, that they should adjudicate impartially between their brethren; which is more fully expressed in the next verse, where they are forbidden to “acknowledge faces.” (206) For there can be no greater corruption than to judge from personal appearance, which always draws away men’s minds from the merits of the ease. Wherefore Christ rightly opposes these two things to one another, to “judge righteous judgment,” and “according to the appearance.” (Joh 7:24.) This even philosophers have perceived, when they have advised that, as far as possible, judges should be restrained by fixed laws, lest;, being left free, they should be swayed this way or that by favor or ill will. And, in point of fact, wherever there is a sufficient capacity of intellect, equity and rectitude will prevail, unless respect to persons influences the judge. It, is plain from the context, where Moses forbids the making a distinction between small and great, what is meant by “acknowledging persons.” But although judges often inflict injury upon the poor and wretched out of contempt of them, yet Moses adverts to the more common fault, when he charges them “to be afraid of no man;” since it very often happens that those who are otherwise just, and disposed to study what is equitable and right, are made to swerve through fear of the threats of the powerful, and dare not; manfully encounter their ill will. Moses, therefore, requires magnanimity in judges, so that they may not hesitate to bring upon themselves the hatred of any, in their defense of a good cause. But we must specially observe the reason whereby he corrects their fear and alarm; for he says that they are to be afraid of no mortal man, because “the judgment is God’s.” He does not here merely remind them, as it; appears to some, that an account must be rendered to God; but shows how absurd it is to turn from the right course out of the fear of man, because thus the majesty of God is prostituted and exposed to scorn; as much as to say that this honor must be paid to God, whose representatives they are, that they should look upon all men as beneath them, and restrain the audacity of rite wicked with such inflexible magnanimity, that God alone may have the preeminence. The same is the object of Jehoshaphat’s words:
“
Take heed what ye do: for ye judge not for man but for the Lord.” (2Ch 19:6.)
If this were thoroughly impressed upon the minds both of magistrates and pastors, they would not vacillate so often; for relying on God’s aid, they would stand firmly against all the terrors by which they are so pitifully agitated. Wherefore let all those who are called to any public office, sustain themselves by this doctrine, that they are doing God’s work, who is well able to keep them safe from the violence as well as the craftiness of the whole world. Yet, at the same time we are taught by these words that all posts of command are sacred to God, so that whosoever are called to them should reverently and diligently serve God, and ever reflect that His is the dominion whereof they are the ministers.
(206) So margin A. V.
Fuente: Calvin’s Complete Commentary
(16) And I charged your judges . . . saying.These instructions given by Moses are an admirable expansion, but only an expansion, of those of Jethro(Exo. 18:21), that the judges must be able men, such as fear God, men of truth, hating covetousnessa sentence older than the Decalogue itself.
Fuente: Ellicott’s Commentary for English Readers (Old and New Testaments)
Ver. 16, 17. I charged your judges, &c. It was ordered by Solon, that all the Athenian judges should take this oath, “I will hear the plaintiff and defendant both alike.” The Jews understand the words in the 16th verse as enjoining, that a judge was not to hear any man when the adversary was absent; but both parties were to be there present. Respecting the stranger, see Lev 24:22 and against partiality in judgment, Lev 19:15. Plutarch tells us, in his treatise of Isis and Osiris, that at Thebes were placed the statues of their judges, without hands, with their chief or president at their head, having his eyes turned downward; signifying thereby, that justice ought neither to be accessible to bribes, nor guided by favour or affection. See Isa 11:3-4. For the judgment is God’s, means, that as they were God’s ministers, and acted by his authority, therefore they ought to give judgment with perfect equity, resolution, and impartiality, always remembering that they were the representatives of the Almighty, and accountable to him. The expression denotes, that their integrity ought to be in some sort incorruptible, like that of God himself, in whose place they acted; and provided they behaved with courage and uprightness, they might be assured that God would protect them in the discharge of their duty. See 2Ch 19:6 Spencer de Leg. Heb. lib. i. c. 4. See also Callim. Hymn. ad Jov. ver. 81. translation, ver. 128.
Fuente: Commentary on the Holy Bible by Thomas Coke
Deu 1:16 And I charged your judges at that time, saying, Hear [the causes] between your brethren, and judge righteously between [every] man and his brother, and the stranger [that is] with him.
Ver. 16. Hear the causes, &c. ] Hear them out. In the Forum of Rome the accuser had six hours allotted him to accuse, the accused had nine hours to make his answer a
And judge righteously.
a Ulpian., in Orat. Demosth. de fal legat.
b .
Fuente: John Trapp’s Complete Commentary (Old and New Testaments)
NASB (UPDATED) TEXT: Deu 1:16-18
16Then I charged your judges at that time, saying, ‘Hear the cases between your fellow countrymen, and judge righteously between a man and his fellow countryman, or the alien who is with him. 17You shall not show partiality in judgment; you shall hear the small and the great alike. You shall not fear man, for the judgment is God’s. The case that is too hard for you, you shall bring to me, and I will hear it.’ 18I commanded you at that time all the things that you should do.
Deu 1:16-17 Moses charged these new tribal judges to be impartial (cf. Deu 16:19; Deu 24:17). Impartiality is a characteristic of God (cf. Deu 10:17). Israel was meant to be a people and society that revealed the character of YHWH so that the world would come to place their trust and faith in Him. Since the Fall (i.e., Genesis 3) this has been God’s plan. Israel failed, but the ideal Israelite (i.e. Jesus, cf. Isaiah 53) succeeded (e.g., Joh 14:5-11).
alien Non-Jews were to be treated as equals in the legal realm (cf. Lev 19:33-35). Israel was to deal with them graciously (cf. Lev 23:22; Deu 10:19; Deu 24:17; Deu 27:19). Israel had been aliens in Egypt (cf. Exo 22:21; Exo 23:9) and knew how it felt!
righteously See Special Topic below.
SPECIAL TOPIC: RIGHTEOUSNESS
You shall not show partiality in judgment The term partiality is literally face (BDB 815). The VERB (BDB 647, KB 699, Hiphil IMPERFECT) means to regard. The point being that as a person approached the judge, the judge should not attempt to see or recognize who it was coming before him, but to hear the case fairly and impartially. The judge was to treat all cases without prejudice (cf. Lev 19:15).
You shall not fear man This VERB (BDB 158 III, KB 185, Qal IMPERFECT) means dread or awe. In this context dread is demanded. In Deuteronomy this term is used in two contexts. God’s leaders/judges are not to fear the reactions of men to their decisions (Deu 1:17) and God’s people are not to fear the messages of false prophets (Deu 18:22).
This term is used often in the Psalms to express the covenant believer’s respect and awe of YHWH (e.g., Deu 33:8; Deu 22:23).
The case that is too hard for you, you shall bring to me Moses was God’s representative to the people. He was seen as a prophet (cf. Deu 1:18; Deu 18:15-22).
Fuente: You Can Understand the Bible: Study Guide Commentary Series by Bob Utley
charged: Deu 27:11, Deu 31:14, Num 27:19, 1Th 2:11, 1Ti 5:21, 1Ti 6:17
Hear: Deu 16:18, Deu 16:19, Exo 23:2, Exo 23:3, Exo 23:7, Exo 23:8, Lev 19:15, 2Sa 23:3, 2Ch 19:6-10, Psa 58:1, Joh 7:24
the stranger: Deu 10:18, Deu 10:19, Deu 24:14, Exo 22:21, Exo 23:9, Lev 24:22
Reciprocal: Exo 21:6 – the judges Jdg 11:10 – be witness 2Ch 19:9 – in the fear Pro 18:5 – not Pro 31:9 – General Eze 18:8 – hath executed
Fuente: The Treasury of Scripture Knowledge
Deu 1:16. The stranger That converseth or dealeth with him. To such God would have justice equally administered as to his own people, partly for the honour of religion, and partly for the interest which every man hath in matters of common right.