The Israelites Actually Had an Appeals Court

 (Courtesy State of Missouri)

Deuteronomy Chapter 17, Part 2: When A Case Is Too Difficult To Decide

Deuteronomy 17:8-13 – Gems and Thoughts from the Passage

This is a fascinating passage, especially in light of the Supreme Court Justice opening and upcoming confirmation hearings in the United States. I should also point out at the onset that a number of commentators believe that there were local priests in each city of the Israelites (see Deut. 16:18), but what is considered as the ‘appeal level’ here in these verses is a higher body. According to Matthew Henry:

These difficult cases, which hitherto had been brought to Moses, according to Jethro's advice, were, after his death, to be brought to the supreme power, wherever it was lodged, whether in a judge (when there was such an extraordinary person raised up and qualified for that great service, as Othniel, Deborah, Gideon, etc.) or in the high-priest (when he was by the eminency of his gifts called of God to preside in public affairs, as Eli), or, if no single person were marked by heaven for this honour, then in the priests and Levites (or in the priests, who were Levites of course), who not only attended the sanctuary, but met in council to receive appeals from the inferior courts, who might reasonably be supposed, not only to be best qualified by their learning and experience, but to have the best assistance of the divine Spirit for the deciding of doubts, v. 9.

Verse 8 implies that there will be cases that are too difficult for the children of God to determine the appropriate resolution thereof. And these cases will need to be referred to a “higher” authority. The verse says they are to “go the place where God chooses”.

And in the case of the Israelites, verse 9 tells us that that place was “the Levitical priest or the judge who is in office at the time”. One judge who will give you the correct verdict or the council of priests. David Guzik says, “God allowed for courts of appeal in Israel. These were higher courts where cases were taken beyond the local judges to the priests, the Levites - who were understood to be wiser judges because of their knowledge of God's Word.” Notice that the required wisdom to judge difficult cases stemmed from a “knowledge of God’s Word.”

Given my age, and my career (counselling, negotiating, mediating), sometimes I have the privilege and responsibility of trying to help people out with life’s problems. I can assure you from personal experience that the value and positive impact of any advice I give is directly proportional to the extent that it comes from God and His word, and not my own thinking. And the more I rely on God and His Word to help me help someone, the more access I have to God’s Wisdom. 

Verse 10 instructs the Israelites to do exactly what the priest or judge directs them to do with regard to the case. Again, David Guzik has something to offer here:

“The authority of the judges had to be respected, therefore contempt of court was a capital crime. God thought it essential that the courts and the judges be respected by the people of Israel.”

And thus, we have the interesting part expressed in verse 11. The text says that those instructions will be accordance “to the terms of the law”. Good judges and good priests rule and determine cases “in accordance with the law”.  [I will let you draw your own conclusions about the current American dispute about whether Supreme Court Justices should simply stick to the law and just interpret it (the conservative approach) or whether they can actually make new law (the progressive approach).]

Verse 11 also tells us that we have a responsibility to roll with the decision of the judge(s). [I can’t help but think of one state governor whose own state Supreme Court recently ruled against her Covid-19 lockdown actions and yet she has decided to defy that decision and continue with here illegalities.] The next verse states what happens to people who don’t accept the decisions of the judge(s).

Verse 12 says, they “shall die”.  And they have to, in order for evil to be purged from the land. When and how that happens is up to God but given the fact that He is a just God, it will happen.

The last verse in the passage, verse 13, suggests that given the teachings above, people would be motivated to act carefully and in accordance with the laws of God and the decisions of the judges.

Wrap-up

Where do you and I stand with respect to the decisions of appeal courts today? What is to be our response to those decisions?  What if the decisions contradict God’s Word? These are just some things we need to consider as we live in a day and age where not all “judges” seek or apply God’s Wisdom in deciding cases.

It would be great if you would share your thoughts or questions on this blog in the comments section below or on social media.