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.

The appointing of judges -- Moses did it first.

Deuteronomy Chapter 16, Part 2: Law of the Administration of the Judges

Deuteronomy 16:18-22 – Gems and Thoughts from the Passage

It is not clear whether the judges are separate from the officers. I would think that the officers were the administrative or military assistants to the judges. The job of the judges was to “judge the people with righteous judgment.” That’s a tall order.

You have to love the instructions Moses was given for the work of these judges, and also for himself – which in turn means these principles on justice apply to us.

God said a) don’t distort justice, b) don’t be partial, and c) don’t take any bribes. These judges were not to be thought of us Supreme Court type of judges – they were more than that. The Jewish word for judge is “shaphat” and it means much more.  It includes ruler, defender, deliverer, and liberator. I can’t help but laugh when I think about the closest thing that we may have to the Old Testament Judges. Today I would call them Politicians. Now stop and think about whether or not they a) distort justice, b) are partial, or c) take bribes. Enough said.

Bribes, the text says, blind the wise and pervert the words of the righteous. We know the first is true for sure. And as far as the second goes, how many times have we heard politicians make great appeals or speeches on a particular topic only to find out that privately they have done the opposite – including taking bribes from the opponents of the very thing they were orating about?

And God was saying, “hey, if you want to live in and possess the land – you can only do it by being just.”

Wrap-up

With our small group we have just begun a study on the book of Judges. I wish I could say that all of Israel’s judges followed the rules for judges that God gave to Moses and that he passed down through the generations. They did not. While God used them mightily, the majority of them failed big time during their lives. It’s not easy being just.

As I write this short devotional, I cannot ignore that America is in the midst of appointing a new judge for their Supreme Court. There was a battle royale for the last Supreme Court Justice that was appointed. The battle will be fiercer this time around for two reasons. First, we are very close to the Presidential election and while there is good precedent for having the judge appointed even before an election by the President and the Senate if they are of the same party, the opposition is saying ‘no – wait until the election to see who wins and let them appoint’.  Secondly, it will be fiercer because depending on who is appointed – a conservative constitutionalist or a more liberal progressive justice that believes in actually writing law (normally a responsibility of Congress), the famous Roe vs. Wade case with respect to abortion rights is due for review, and the outcome could change America.

Much is at stake. Much was at stake for the Israelites. The rules haven’t changed as to what is a good judge. And God hasn’t changed with respect to being totally in control no matter who Moses appointed and no matter who American politicians nominate and ultimately approve. God’s ‘will’ is guaranteed.

Finally, being just is not just for justices. It is for you and me.  This is our opportunity to examine our lives and ask: are we distorting justice in any way in our own lives, or in how we view the lives of our loved ones, or others beyond? Are we partial in any way when asked to adjudicate a matter that may seem insignificant to us, but it is the difference between life or death for others, or so they feel? And finally, are we sure we don’t take any bribes, keeping in mind that bribes may come in many forms, some more subtle than others?

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

Eye For Eye, Tooth For Tooth -- Exodus 21:22-25

“And if men struggle with each other and strike a woman with child so that she has a miscarriage, yet there is no further injury, he shall surely be fined as the woman’s husband may demand of him; and he shall pay as the judges decide.  But if there is any further injury, then you shall appoint as a penalty life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise.”
 

Here is that famous passage, the words of which we have often heard quoted when we talk about “getting revenge” – wanting equal value compensation for what was taken from us.  From this stems the idea of a ‘victim’ being made ‘whole’ at the expense of the ‘offender’ or ‘criminal’.

Again what we notice is that God knew men would be fighting each other and that often such a fight would involve a woman, one way or another.  Thus we have these verses dealing with just that, and in particular, what is to happen when the woman is pregnant and she loses the child as a result of being injured during the fight between the men.

If the woman miscarries a fetus after being involved in a physical struggle but she herself does not suffer other injury, then only a fine is to be levied.  The ‘life for life, eye for eye’ principle does not go into effect unless the woman herself is further injured.  But we may well ask “What about the baby? Was that not a life? Should not the principle of life for life have applied in this case?”  Good questions.

I do not believe God was ignoring the fetus at all.  Elsewhere in scripture God shows His true feelings about the miracle He creates in a woman’s womb.  Here are some of them:

·      Did not He who made me in the womb make him, And the same one fashion us in the womb? (Job 31:15)

·      Yet Thou art He who didst bring me forth from the womb; Thou didst make me trust when upon my mother's breasts. Upon Thee I was cast from birth; Thou hast been my God from my mother's womb. (Psalm 22:9-10)

·      For Thou didst form my inward parts; Thou didst weave me in my mother's womb. I will give thanks to Thee, for I am fearfully and wonderfully made; Wonderful are Thy works, And my soul knows it very well. My frame was not hidden from Thee, When I was made in secret, And skillfully wrought in the depths of the earth. Thine eyes have seen my unformed substance; And in Thy book they were all written, The days that were ordained for me, When as yet there was not one of them. (Psalm 139:13-16)

·      Thus says the LORD who made you And formed you from the womb, who will help you, `Do not fear, O Jacob My servant; And you Jeshurun whom I have chosen. (Isaiah 44:2)

·      Thus says the LORD, your Redeemer, and the one who formed you from the womb, "I, the LORD, am the maker of all things, Stretching out the heavens by Myself, And spreading out the earth all alone, (Isaiah 44:24)

And if that is not enough to convince you He does not ignore the fetus, the Scriptures also speak of at least five key figures of history who were called from the womb:
Samson:

Then the woman came and told her husband, saying, "A man of God came to me and his appearance was like the appearance of the angel of God, very awesome. And I did not ask him where he came from, nor did he tell me his name. "But he said to me, `Behold, you shall conceive and give birth to a son, and now you shall not drink wine or strong drink nor eat any unclean thing, for the boy shall be a Nazirite to God from the womb to the day of his death.'" (Judges 13:6-7, see also Judges 16:17)

Jesus (prophecy):

• Listen to Me, O islands, And pay attention, you peoples from afar. The LORD called Me from the womb; From the body of My mother He named Me. (Isaiah 49:1)
• And now says the LORD, who formed Me from the womb to be His Servant, To bring Jacob back to Him, in order that Israel might be gathered to Him (For I am honored in the sight of the LORD, And My God is My strength), (Isaiah 49:5)
• Yet Thou art He who didst bring me forth from the womb; Thou didst make me trust when upon my mother's breasts. Upon Thee I was cast from birth; Thou hast been my God from my mother's womb. (Psalm 22:9-10)

Jeremiah:

"Before I formed you in the womb I knew you, And before you were born I consecrated you; I have appointed you a prophet to the nations." (Jeremiah 1:5)

John the Baptist:

"For he will be great in the sight of the Lord, and he will drink no wine or liquor; and he will be filled with the Holy Spirit, while yet in his mother's womb." (Luke 1:15)

Paul:

But when He who had set me apart, even from my mother's womb, and called me through His grace, was pleased (Galatians 1:15)

Scripture answers scripture.  Where there appears to be a conflicting idea or thought, we look to the whole of the Bible and see what the overwhelming position on the issue is.  So, in our current passage, the focus is not the fetus but on punishing those who do harm to others.  It is not that there is no punishment for causing a miscarriage, but it is left up to the husband of the woman and the courts to determine what it is.

However, damage caused in the case of men struggling with each other and a woman is injured further, then the punishment reverts to the ‘eye for eye, tooth for tooth’ principle.

I was wondering about the point, or points, of the passage.  They didn’t seem to come out as clearly as they do in some of the other passages.  However, on some further reflection and study, I did come up with three:

1.     God again indicates how He comes to the defense of the weak and vulnerable.

2.     God does not support punishment that exceeds the crime.

3.     The victim and the victim’s family matter, but they also have to be reasonable as determined by the courts.

We would do well to examine our current justice systems to see how we are doing in these areas.  A comparative study between countries or cultures would yield some interesting results.

[Are you looking for a speaker at your church, your club, school, or organization? Ken is available to preach, teach, challenge, and/or motivate. Please contact us.]

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God’s Employment Standards Act: Part 2 -- Exodus 21:5-6

“‘But if the slave plainly says, “I love my master, my wife and my children; I will not go out as a free man,” then his master shall bring him to God, then he shall bring him to the door or the doorpost.  And his master shall pierce his ear with an awl; and he shall serve him permanently.’”
 

While God did not prescribe slavery, He still cares about those who are in slavery.  In the passage before this one, God stipulates that no one can be owned as a slave for longer than six years, at which point he becomes a free man, but has to leave his master only with what he came with.   That presented quite a dilemma for those slaves that married and/or perhaps had children while serving their masters as the new additions to the family (wife and/or children) had to be left behind.

I cannot help but think of the fact that leaving one’s master as a slave is akin to leaving this world the way Job described in the book about him (Job 1:21) where we read, “Naked I came from my mother's womb, And naked I shall return.”  That is the natural plight of man and woman.  We deserve nothing more.

But God once again provides a way out for the slave or the person who wants something more.  As part of his dignity, the slave has the option to save his family under certain conditions.  The first condition is that he loves his master as well as his wife and children.  The second condition is that he is prepared to give up his freedom permanently.

Once that is decided, and once the master agrees to keep him (and what master would not for had this been a bad slave, I am sure he would have been discarded of long ago), the master than takes “him to God”.  Most commentators take that to mean that somehow the arrangement that is about to be formalized be done so before the judges that had been appointed by Moses to rule the people (Exodus 18) or at the very least before witnesses, as representative of those holding us accountable before God (much like at a marriage ceremony today).

This arrangement was to be an everlasting commitment and thus there needed to be a sign that clearly denoted it as such.  In this case, the sign was a hole pierced through the ear of the slave.

The parallel aspects between this slave to physical bondage and us as slaves to sin are not too difficult to detect here.  Like the slave in this passage, we have a choice to make as to whether we want to go freely into the world and try to profit from it (much like the Prodigal Son parable we read about in the New Testament) or whether we want to remain in the household of our Master and in our case our Creator.  If we choose the latter, then we become His permanently and our confession of faith before others and God, along with how we live in service to Him, become the marks of commitment.

And Christ, the Son of God, is our ultimate role model in this.  He became as a servant who emptied Himself, gave up any personal status (became of no reputation), and humbled Himself to serve, not by law, but by willingness (Philippians 2:6-7).  Thus we can refer to Him as the ‘pierced ear servant’ who freely, by choice, submitted Himself to His Father’s will.

Yes, God provides a way out from our bondage to sin and in so doing we can be saved, provide for our loved ones, and serve our Master.   Are you there yet?

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[Are you looking for a speaker at your church, your club, school, or organization? Ken is available to preach, teach, challenge, and/or motivate. Please contact us.]

Thanks for dropping by. Sign up to receive free updates. We bring you relevant information from all sorts of sources. Subscribe for free to this blog or follow us by clicking on the appropriate link in the right side bar. And please share this blog with your friends. Ken Godevenos, Church and Management Consultant, Accord Consulting.  And while you’re here, why not check out some more of our recent blogs shown in the right hand column.  Ken.

________________________________________________________________________

 

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