This chapter begins with a caution not to sacrifice anything to the Lord that is blemished or ill favoured, Deu 17:1, an order is given to put to death men or women guilty of idolatry, where it is clearly proved upon them, Deu 17:2 and it is directed that when cases are too hard for inferior judges to determine, they should be brought to Jerusalem to the priests, Levites, and judges, which formed the great consistory there, whose sentence was to be adhered unto on pain of death, Deu 17:8, and rules are given about the choice of a king, and he is informed what he must not do, and what he should do, Deu 17:14.
or any evilfavouredness; any sickness or disease upon it of any sort, which made it ill favoured to the sight, or disagreeable to the smell, or however unacceptable for sacrifice:
for that is an abomination to the Lord thy God; every such blemished and ill favoured sacrifice; see Mal 1:8.
man or woman that hath wrought wickedness in the sight of the Lord thy God: as all that is wrought is in the sight of the omniscient God; here it means not any kind of wickedness, for there is none lives without committing sin of one sort or another, all which is known to God the searcher of hearts, but such wickedness as is after described:
in transgressing his covenant; that is, his law, and particularly the first table of it, which respects divine worship, and which is in the nature of a marriage contract or covenant; which, as that is transgressed by adultery committed by either party, so the covenant between God and Israel was transgressed by idolatry, which is spiritual adultery, and going a whoring after other gods, as it follows:
and served other gods; strange gods, the idols of the people, other gods besides the true God; the creature besides the Creator:
and worshipped them; by bowing down before them, praying to them, or ascribing their mercies and blessings to them, and giving them the glory of them:
either the sun, or moon, or any of the host of heaven: the two great luminaries, and the planets, constellations, and stars, any of them; which kind of idolatry very early obtained, and was in use at this time among the Heathens, and was an iniquity to be punished by the judge, Job 31:26, which sin, though so strictly forbidden, the people of Israel sometimes fell into, Kg2 21:3.
which I have not commanded: and which is a sufficient reason, in matters of worship, to avoid and abstain from anything, that God has not commanded it; for in things of that nature nothing should be done but what he has ordered, who is a jealous God, and will not suffer any to take upon them to direct what should be done as a religious service and duty; and if any are so presumptuous, they must expect it will be resented; see Isa 1:12 and especially with respect to the object of worship, as here, and which relate to things if not forbid expressly, yet tacitly, to do which was an abomination to the Lord.
and, behold, it be true, and the thing certain; upon examining the witnesses the case is plain and out of all question:
that such abomination is wrought in Israel; to do it in any country was abominable, but much more so in the land of Israel, among the professing people of God, who had the knowledge of the true God, and had had so many proofs of his deity, his power and providence, as well as received so many favours and blessings from him, and had such laws and statutes given them as no other people had.
unto thy gates; the Targum of Jonathan says, unto the gates of your sanhedrim, or court of judicature; but Jarchi observes, that this is a mistake of the paraphrase, for he says, we are taught by tradition that "thy gate" is the gate in which he has served or committed idolatry; and so says Maimonides (d), they do not stone a man but at the gate where he served or worshipped; but if the greatest part of the city are Heathens, they stone him at the door of the sanhedrim; and this is received from tradition, that "to thy gates" is the gate at which he served, and not where his judgment is finished:
even that man or that woman; this is repeated, and the woman as well as the man is expressed, to show that no compassion is to be had on her as is usual, nor to be spared on account of the weakness and tenderness of her sex, but she as well as the man must be brought forth and executed according to her sentence, without any mercy shown; and this is observed to show the resentment of the divine Majesty, and his indignation at this sin:
and shalt stone them with stones until they die; of the manner of stoning men and women; see Gill on Act 7:58.
(d) Hilchot Sanhedrin, c. 15. sect. 2.
but at the mouth of one witness he shall not be put to death; so careful is the Lord of the lives of men, that none should be taken away but upon full and sufficient evidence, even in cases in which his own glory and honour is so much concerned.
(e) Maimon. Hilchot Eduth, c. 3. sect. 4.
and afterwards the hands of all the people; should be employed in taking up stones, and casting at him until he was dead:
so thou shall put the evil away from among you; both the evil man and the evil committed by him, which by this means would be prevented from spreading, seeing by his death others would be deterred from following his example; as well as the evil of punishment, which otherwise would have come upon the nation, had they connived at so gross an iniquity.
between blood and blood; that is, whether a man is guilty of shedding innocent blood or not; when such a case is depending between a person charged with it and the relatives of the deceased, or between a man slayer and the avenger of blood, and the question is, whether he may have the benefit of a city of refuge or not, and there are some circumstances attending it which make it difficult how to determine:
between plea and plea; of the plaintiff on one side and of the defendant on the other, and both have so much to say in their own cause, that it is hard to decide which is in the right and which is in the wrong, whether in capital or pecuniary cases; it chiefly if not solely respects civil things in controversy:
and between stroke and stroke; blow or wound which one man received from another, and for which he commences a suit of law upon it, Exo 21:18 or for assault and battery; and so Aben Ezra interprets it of blows and bruises; but the Jewish writers generally interpret it of the plague, or stroke of leprosy; so the Targums of Jonathan and Jerusalem; but the examination of such a case did not belong to the civil magistrate, but to a priest; nor was such a person had up to Jerusalem to be searched, but was shut up in a house until further evidence could be got; and, besides, the signs of the leprosy are so distinctly given, that at waiting a proper time, there was seldom or ever any difficulty about determining it:
being matter of controversy within thy gates; or what are matters of controversy about anything else; for the phrase is general, as Aben Ezra observes, and takes in everything in which anything difficult might occur; so Jarchi interprets it of things which the wise men of a city are divided about; one pronounces a person or thing unclean, another clean, one condemning and another justifying, and so far rightly; for this respects not controversies between men, that may be brought into courts of judicature, but controversies or divisions arising in these courts upon them, between the judges themselves, they not agreeing in their opinions:
then shalt thou arise and get thee up into the place which the Lord thy God shall choose; to Jerusalem, to the great sanhedrim or court of judicature, to which the inferior judges were to apply themselves, in matters of moment and difficulty, for instruction, information, and direction; it being supposed that in such a court such like cases may have been brought before them, and they were expert and understanding in them.
and they shall show thee the sentence of judgment; give their judgment in the difficult case proposed, and declare what is right to be done, and what sentence is to be pronounced.
(f) Hilchot Sanhedrin, c. 2. sect. 2.
and thou shalt observe to do according to all that they inform thee; not only observe and take notice of what they say, but put it in practice, and not in some things and some circumstances only, but in all and everything they should give them information about relating to the case in question.
and according to the judgment which they shall tell thee, thou shalt do; what were law and justice, what were fit and right to be done, according to the will of God, which they should declare unto them, that was carefully to be done by them:
thou shalt not decline from the sentence they shall show thee, to the right hand nor to the left; by setting up after, all their own judgments against theirs to whom they had applied for information and direction, which to have done would have been very insolent and affronting; they were not to depart from the determination they made of the case, on pretence of knowing better, nor even in any minute circumstance to deviate from it, but strictly and closely to keep unto it; though not to follow them so implicitly as to receive from them and embrace things the most absurd and unreasonable, as Jarchi suggests; who says, that their sense was to be abided by, even if they should say that the right hand is the left, and the left hand the right.
and will not hearken to the priest that standeth to minister there before the Lord thy God; the priests of the tribe of Levi, of whom the court generally consisted, Deu 17:9, priest for priests; though some think the high priest is meant, to whom the character very well agrees; but he was not always at the head of the sanhedrim, nor indeed a member of it, unless he had the proper qualifications; see Deu 18:18.
or unto the judge; or judges; See Gill on Deu 17:9. L'Empereur (g) thinks, that the supreme senate, or grand sanhedrim, was twofold, according to the diversity of ecclesiastic and political matters; since where it treats of the supreme senators, or chief persons in the court, the priest is manifestly distinguished from the judge (i.e. priests or judges); now the man that has asked advice of them, and will not be directed by it, but takes his own way, this being so great a contempt of, and insult upon, the great senate of the nation:
even that man shall die; and this was by strangling, for so the rebellious older, as such an one is called, was to die according to the Misnah (h); and it is said (i), that the death spoken of in the law absolutely (without specifying what kind of death) is strangling:
and thou shall put away the evil from Israel; the evil man that is rebellious against the supreme legislature of the nation, and the evil of contumacy he is guilty of, deterring others from it by his death.
(g) In Misn. Middoth, c. 5. sect. 3. (h) Sanhedrin, c. 10. sect. 2. (i) Maimon. Issure Biah, c. 1. sect. 6.
and do no more presumptuously; after his example; hence, Jarchi says, they wait till the feast comes, and then put him to death; and so it is said (k), they bring him up to the great sanhedrim which is at Jerusalem, and there keep him until the feast (the next feast), and put him to death at the feast, as it is said:
all the people shall hear, and fear.
(k) Misn. Sanhedrin, c. 10. sect. 4.
and shalt possess it, and shalt dwell therein; be entirely in the possession of it, and settled in it; it seems to denote some time of continuance in it, as it was, before they thought of setting a king over them, about which are the following instructions:
and shalt say, I will set a king over me, like as all the nations that are round about me; which was what would and did lead them to such a thought and resolution; observing that the neighbouring nations had kings over them, they were desirous of being like them as to the form of their civil government, and have a king as they had.
"ye shall seek instruction from the Lord, and after set him king, &c.''which was to be done by the mouth of a prophet, or by Urim, as Aben Ezra observes:
one from among thy brethren shall thou set king over thee: that is, one of their own nation, an Israelite, a brother both by nation and religion:
thou mayest not set a stranger over thee that is not thy brother; one of another nation, that is not of the family of Israel, as Aben Ezra notes, even not an Edomite, though called sometimes their brother; and Herod, who was an Idumean, was set up, not by them, but by the Romans; now in this their king was a type of the King Messiah, of whom it is said, "their nobles shall be of themselves", Jer 30:21.
nor cause the people to return to Egypt, to the end that he should multiply horses; which was a country that abounded with them, and therefore he was not to encourage, and much less oblige his subjects to travel thither or trade with that people for the sake of increasing his stock of horses, Isa 31:1.
forasmuch as the Lord hath said unto you, ye shall henceforth return no more that way; not that going into Egypt on any account whatsoever was forbidden, as for trade and merchandise in other things, or for shelter and safety, for which some good men fled thither; but for outward help and assistance against enemies, and for horses on that account, and particularly in order to dwell there, from which the Jews in the times of Jeremiah were dissuaded by him, and threatened by the Lord with destruction, in case they should, Jer 42:15. When the Lord said this is not certain; it may be when they proposed to make a captain, and return unto Egypt; or he said this in his providence, this was the language of it ever since they came out of it, or however this he now said; see Deu 28:68.
(g) Sanhedrin, c. 2. sect. 4. (h) Hilchot Melachim, c. 3. sect. 3.
(k) Maimon. Issure Biah, c. 1. sect. 2. Misn. ut supra. (Sanhedrin, c. 10. sect. 4.). T. Bab. Sanhedrin, fol. 21. 1. Targum Jon. & Jarchi in loc. (l) Maimon. ib. sect. 4. Misn. ut supra.
(m) T. Bab. Sanhedrn, fol. 21. 2. (n) Ut supra (Maimon. Hilchot Sanhedrin, c. 2.), sect. 1.
that he may learn to, fear the Lord his God; to serve and worship him both internally and externally, he having the fear of God always before his eyes, and on his heart, which the holy law of God directs to and instructs in:
to keep all the words of this law, and these statutes, to do them; not only such as concerned him as a king, but all others that concerned him as a man, a creature subject to the Lord, and as an Israelite belonging to the church and commonwealth of Israel, and so includes all laws, moral, ceremonial, and judicial.
(o) Maimon. Hilchot Melachim, c. 3. sect. 1.
and that he turn not aside from the commandment, to the right hand or to the left; not in the least deviate from the law of God in the whole of his conduct, and particularly in the exercise of his kingly office:
to the end that he may prolong his days in his kingdom; ruling well according to the laws of God being the way to rule long:
he and his children in the midst of Israel; this shows, as Jarchi observes, that if his son was fit for the kingdom, he was to be preferred to any other man; for though it was elective, yet to be continued in the same family, provided they walked in the ways of the Lord, and observed his laws.