Peter Pett's Commentary on the Bible
Deuteronomy 17:8-13
The Place Of Final Appeal (Deuteronomy 17:8).
But if a case was brought which was too hard for the local justices to decide, there was to be a final place of appeal made up of the levitical priests and the chief judge of the day (Deuteronomy 17:9). Their decision would be final. We can compare this with how Moses was the final court of appeal while he was still over the people (Deuteronomy 1:17 b).
Analysis in the words of Moses:
a If there arise a matter too hard for you in judgment, between blood and blood, between plea and plea, and between stroke and stroke, being matters of controversy within your gates (Deuteronomy 17:8 a).
b Then shall you arise, and get yourself up to the place which Yahweh your God shall choose (Deuteronomy 17:8 b).
c And you shall come to the priests the Levites, and to the judge that shall be in those days, and you shall enquire, and they will show you the sentence of judgment, and you shall do according to the tenor of the sentence which they shall show you from that place which Yahweh shall choose (Deuteronomy 17:9 a).
c And you shall observe to do according to all that they shall teach you, according to the tenor of the law which they shall teach you, and according to the judgment which they shall tell you, you shall do. You shall not turn aside from the sentence which they shall show you, to the right hand, nor to the left (Deuteronomy 17:10).
b And the man who does presumptuously, in not listening to the priest who stands to minister there before Yahweh your God, or to the judge (Deuteronomy 17:12 a).
a Even that man shall die, and you shall put away the evil from Israel, and all the people shall hear, and fear, and no more act presumptuously (Deuteronomy 17:12).
This is more progressive than chiasmus. But in ‘a' the method of judgment for difficult cases is laid out, and in the parallel the warning given that not to accept the verdict of that court (the court being seen to be fair) will mean being put to death so that all may fear and give due respect to the court which meets before Yahweh. For to dispute the sacred court is doing evil in Israel by encouraging anarchy. In ‘b' they arise and go to the place which Yahweh their God chooses and in the parallel they are to heed the ones who minister there before Yahweh their God. In ‘c' they enquire and receive the verdict and are to do according to the tenor of the sentence, and in the parallel they must receive the sentence which has been according to the tenor of Yahweh's Instruction and not divert from it.
‘ If there arise a matter too hard for you in judgment, between blood and blood, between plea and plea, and between stroke and stroke, being matters of controversy within your gates, then shall you arise, and get yourself up to the place which Yahweh your God shall choose, and you shall come to the priests the Levites, and to the judge that shall be in those days, and you shall enquire, and they will show you the sentence of judgment, and you shall do according to the tenor of the sentence which they shall show you from that place which Yahweh shall choose, and you shall observe to do according to all that they shall teach you, according to the tenor of the law which they shall teach you, and according to the judgment which they shall tell you, you shall do. You shall not turn aside from the sentence which they shall show you, to the right hand, nor to the left.'
If any case proved too hard for the local elders to judge, whether it be a question of differentiation between murder and other forms of manslaughter, or between the approach to be taken on one type of plea as against another, or between grievous bodily harm and lesser violence, with the case producing differing views among the elders as they judged the matter within the gate. Then they must rise up and take the details of the case to the Central Sanctuary, to the place where Yahweh was pleased to dwell. They must come to the levitical priests and the judge of that day, and enquire there as to what to do.
This is the first mention in Deuteronomy of the levitical priests (‘the priests the Levites') under that title. The phrase is found regularly in Deuteronomy (Deuteronomy 17:9; Deuteronomy 17:18; Deuteronomy 18:1; Deuteronomy 24:8; Deuteronomy 27:9) in contrast with ‘the Levite(s)' (Deuteronomy 12:12; Deuteronomy 12:18; Deuteronomy 14:27; Deuteronomy 14:29; Deuteronomy 16:11; Deuteronomy 16:14; Deuteronomy 18:7; Deuteronomy 26:11; Deuteronomy 27:14; Deuteronomy 31:25) and is used regularly by others who certainly separate between priests and Levites (2 Chronicles 23:18; 2 Chronicles 30:27; Ezekiel 43:19; Ezekiel 44:15; Ezekiel 48:13). It is also found in Jeremiah 33:18; Joshua 3:3; Joshua 8:33. For further consideration see discussion at Deuteronomy 18:1.
“The judge that shall be in those days.” This would suggest that Israel might have someone who could act as supreme judge, a recognised individual of unique status, to have a say in such cases, or possibly a small group of such recognised judges acting in turn. He/they possibly also had general jurisdiction over the people. Moses may have been thinking of the one who would replace him, and the ones who would follow after, for as the recognised head of Israel he had been responsible for judging (Exodus 18:13) as well as exercising authority over the people. We can compare here the term ‘judge', as used in the book of Judges, of people who ruled over ‘Israel'.
“And you shall do according to the tenor of the sentence which they shall show you from that place which Yahweh shall choose, and you shall observe to do according to all that they shall teach you, according to the tenor of the law which they shall teach you, and according to the judgment which they shall tell you, you shall do. You shall not turn aside from the sentence which they shall show you, to the right hand, nor to the left.” Whatever decision or sentence was passed by this body at the place where Yahweh had chosen to dwell they must observe to do. This would be the place of final appeal. This would apply whether the matter was one of interpreting teaching or of passing judgment. Once decided there was to be no avoiding it, and no seeking to give it different meanings. It was in fact important that once a final decision had been reached the matter was seen as closed.
This was, of course, on the basis that they were revealing themselves to be reliable judges by following Moses' requirements for them. They were required to demonstrate how their decision was in accordance with God's Instruction (Torah). Once they became patently dishonest the prophets attacked them openly. But the people were still required to carry out their decisions (compare Jesus verdict on the Pharisees - Matthew 23:3).
Comparing this and Deuteronomy 16:18 with the reign of Jehoshaphat (‘Yahweh has judged') it seems that Jehoshaphat followed the pattern laid down here (2 Chronicles 19). Jehoshaphat appointed judges up and down the land, and established a supreme court in Jerusalem headed by ‘Levites, priests and the heads of the families of Israel for the judgment of Yahweh and for controversies' (2 Chronicles 19:8).
‘ And the man who does presumptuously, in not listening to the priest who stands to minister there before Yahweh your God, or to the judge, even that man shall die, and you shall put away the evil from Israel.'
Anyone who openly rejected the final verdict of the court pronounced by the Judge and ‘the Priest', the court having consisted of ‘the judge' and the priests, whether it be the accused or the justices, was to be put to death, for it would be to attack the very authority on which justice was based. It would be to act evilly against the highest religious and civil authorities acting together. For the point was that ‘the Priest' ministered before Yahweh, and was therefore appointed to act in His name, while the Judge was appointed over the people. But there would be no distinction between cases. All would be seen as covenant law.
‘ And all the people shall hear, and fear, and no more act presumptuously.'
The result of the death sentence on anyone who openly attacked the decision of the final court of appeal, whether the accused or the justices, would be that all Israel would hear about it, and fear, and not act presumptuously in the same way.
The purpose of the death sentence was, of course, to dissuade anyone from taking up such a position, thus establishing the final authority of the court. The hope was that it would never need to be carried out.
We learn from all this the importance of the establishment of true justice, and that in the end that must be found in conformity to His word and to His Law.