Deuteronomy 17:8
| If thou perceive that there be among you a hard and doubtful matter in judgment between blood and blood, cause and cause, leprosy and leprosy, and thou see that the words of the judges within thy gates do vary: arise and go up to the place, which the Lord thy God shall choose:
| If thou perceive, etc. Here we see what authority God was pleased to give to the church-guides of the Old Testament, in deciding, without appeal, all controversies relating to the law; promising that they should not err therein; and punishing with death such as proudly refused to obey their decisions: and surely he has not done less for the church-guides of the New Testament. (Challoner) --- Hard. Hebrew also means, "doubtful, hidden, divided;" so that the opinions of the judges do not agree. In matters of fact, the thing is more easily investigated on the spot. But in these cases, where the law is ambiguous, as even the divine ordinances frequently are, being delivered in human language, (Grotius) a living judge is necessary. God remits the Jews in the council of the priests, at the head of whom was the sovereign pontiff, who was the natural and supreme judge of such difficulties, ver. 9, 12. (Haydock) --- And blood, to decide when murder must be punished with death, and when the right of an asylum may be claimed. (Calmet) --- The Vulgate renders the same words, 2 Paralipomenon 19:10. --- Between kindred and kindred, as the different degrees cause many embarrassments, with regard to marriages, etc. (Tirinus) --- The Rabbins understand that the judge had to declare when a woman was rendered unclean, Leviticus 12:4. (Lyranus) --- And cause, or lawsuit; some thinking that a greater sum for reparation of an injury should be required, others judging that one of the contending parties should be set at liberty, while the other judges are of a contrary sentiment. Hebrew, "between judgment and judgment," when a doubt arises whether laymen or the Levites may be the proper judges. The Rabbins only remit three cases to the tribunal of the latter, respecting, 1. The red heifer; 2. the woman accused of adultery by her jealous husband; 3. the heifer to be offered in sacrifice, for a murder committed by a person unknown, Deuteronomy 21:5. --- And leprosy. Various difficulties might arise concerning this matter, of which the priests had to pass sentence, Leviticus xiii. Some render the Hebrew negah, "wound." The law of retaliation required a scrupulous nicety. Blood, cause, and leprosy, may denote lawsuits of a criminal, less important, and ceremonial nature. (Jansenius) --- Vary. Hebrew, "which are matters of contention within thy gates."
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