Deuteronomy 17:8

“If there arise a matter too hard for thee in judgment, etc.] This is spoken to inferior judges in cities in the country, who sometimes might have cases too wonderful and mysterious, as the word signifies, or secret and hidden, such as were out of their reach and beyond their capacity, and so be very difficult for them to determine what should be done: 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…”

“THE PRIESTS AND JUDGES TO DETERMINE CONTROVERSIES. (Deu 17:8-13) If there arise a matter too hard for thee in judgment--In all civil or criminal cases, where there was any doubt or difficulty in giving a decision, the local magistrates were to submit them by reference to the tribunal of the Sanhedrim--the supreme council, which was composed partly of civil and partly of ecclesiastical persons. "The priests and Levites," should rather be "the priests--the Levites"; that is, the Levitical priests, including the high priest, who were members of the legislative assembly; and who, as forming one body, are called "the judge." Their sittings were held in the neighborhood of the sanctuary because in…”

“The cases in question are such as the inferior judges did not feel able to decide satisfactorily, and which accordingly they remitted to their superiors (compare Exodus 18:23-27). The Supreme court Deuteronomy 17:9 is referred to in very general terms as sitting at the sanctuary Deuteronomy 17:8. “The judge” would no doubt usually be a layman, and thus the court would contain both an ecclesiastical and a civil element. Jehoshaphat 2 Chronicles 19:4-11 organized his judicial system very closely upon the lines here laid down. return to 'Top of Page'”

“For thee - He speaks to the inferior magistrates, who were erected in several cities. If thou hast not skill to determine, between blood and blood - That is, in capital causes. Between plea and plea - In civil causes, about words or estates. Between stroke and stroke - In criminal causes, concerning blows, or wounds inflicted by one man upon another. Matters of controversy - That is, such things being doubtful, and the magistrates divided in their opinions about it. Chuse - Namely to set up his tabernacle, or temple there; because there was the abode, both of their sanhedrim, which was constituted of priests and civil magistrates, and of the high - priests, who were to consult God by Urim,…”

“17:8 whether someone is guilty of murder or only of manslaughter: In Old Testament law, as in modern jurisprudence, murder was intentional, manslaughter was accidental (cp. 19:1-13).”

“arise: Deu 1:17; Exo 18:26; Kg1 3:16-28; Ch2 19:8-10; Hag 2:11; Mal 2:7 between blood: Deu 19:4, Deu 19:10, Deu 19:11; Exo 21:12-14, Exo 21:20, Exo 21:22, Exo 21:28, Exo 22:2; Num 35:11, Num 35:16, 19-34 get thee up: Deu 12:5, Deu 19:17; Psa 122:4, Psa 122:5 Deuteronomy 17:9”

“The Higher Judicial Court at the Place of the Sanctuary. - Just as the judges appointed at Sinai were to bring to Moses whatever cases were too difficult for them to decide, that he might judge them according to the decision of God ( Exo 18:26 and Exo 18:19); so in the future the judges of the different towns were to bring all difficult cases, which they were unable to decide, before the Levitical priests and judges at the place of the sanctuary, that a final decision might be given there. Deu 17:8-9 "If there is to thee a matter too marvellous for judgment (נפלא with מן, too wonderful, incomprehensible, or beyond carrying out, Gen 18:14, i.e., too difficult to give a judicial decision…”