Study This Verse
Public-domain commentary
Matthew Henry
From his Commentary on the Whole Bible. Henry comments on passages, not single verses — this entry covers Deuteronomy 1:9–18. His three-level outline is real structure in the source text, so it is rendered as structure.
Moses here reminds them of the happy constitution of their government, which was such as might make them all safe and easy if it was not their own fault. When good laws were given them good men were entrusted with the execution of them, which, as it was an instance of God's goodness to them, so it was of the care of Moses concerning them; and, it should seem, he mentions it here to recommend himself to them as a man that sincerely sought their welfare, and so to make way for what he was about to say to them, wherein he aimed at nothing but their good. In this part of his narrative he insinuates to them,
I.That he greatly rejoiced in the increase of their numbers.
He owns the accomplishment of God's promise to Abraham (Deu 1:10): You are as the stars of heaven for multitude; and prays for the further accomplishment of it (Deu 1:11): God make you a thousand times more. This prayer comes in in a parenthesis, and a good prayer prudently put in cannot be impertinent in any discourse of divine things, nor will a pious ejaculation break the coherence, but rather strengthen and adorn it. But how greatly are his desires enlarged when he prays that they might be made a thousand times more than they were! We are not straitened in the power and goodness of God, why should we be straitened in our own faith and hope, which ought to be as large as the promise? larger they need not be. It is from the promise that Moses here takes the measures of his prayer: The Lord bless you as he hath promised you. And why might he not hope that they might become a thousand times more than they were now when they were now ten thousand times more than they were when they went down into Egypt, about 250 years ago? Observe, When they were under the government of Pharaoh the increase of their numbers was envied, and complained of as a grievance (Exo 1:9); but now, under the government of Moses, it was rejoiced in, and prayed for as a blessing. The consideration of this might give them occasion to reflect with shame upon their own folly when they had talked of making a captain and returning to Egypt.
II.That he was not ambitious of monopolizing the honour of the government, and ruling them himself alone, as an absolute monarch, Deu 1:9.
Though he was a man as well worthy of that honour, and as well qualified for the business, as ever any man was, yet he was desirous that others might be taken in as assistants to him in the business and consequently sharers with him in the honour: I cannot myself alone bear the burden, Deu 1:12. Magistracy is a burden. Moses himself, though eminently gifted for it, found it lay heavily on his shoulders; nay, the best magistrates complain most of the burden, and are most desirous of help, and most afraid of undertaking more than they can perform.
III.That he was not desirous to prefer his own creatures, or such as should underhand have a dependence upon him; for he leaves it to the people to choose their own judges, to whom he would grant commissions, not durant bene placito - to be turned out when he pleased; but quam diu se bene gesserint - to continue so long as they approved themselves faithful. Take you wise men, that are known to be so among your tribes, and I will make them rulers, Deu 1:13. Thus the apostles directed the multitude to choose overseers of the poor, and then they ordained them,. Act 6:3, Act 6:6. He directs them to take wise men and understanding, whose personal merit would recommend them. The rise and origin of this nation were so late that none of them could pretend to antiquity of race, and nobility of birth, above their brethren; and, having all lately come out of slavery in Egypt, it is probable that one family was not much richer than another; so that their choice must be directed purely by the qualifications of wisdom, experience, and integrity. "Choose those," says Moses, "whose praise is in your tribes, and with all my heart I will make them rulers." We must not grudge that God's work be done by other hands than ours, provided it be done by good hands.
IV.That he was in this matter very willing to please the people; and, though he did not in any thing aim at their applause, yet in a thing of this nature he would not act without their approbation. And they agreed to the proposal: The thing which thou hast spoken is good, Deu 1:14. This he mentions to aggravate the sin of their mutinies and discontents after this, that the government they quarrelled with was what they themselves had consented to; Moses would have pleased them if they would have been pleased.
V.That he aimed to edify them as well as to gratify them; for,
1.He appointed men of good characters (Deu 1:15), wise men and men known, men that would be faithful to their trust and to the public interest.
2.He gave them a good charge, Deu 1:16, Deu 1:17. Those that are advanced to honour must know that they are charged with business, and must give account another day of their charge.
(1.)He charges them to be diligent and patient: Hear the causes. Hear both sides, hear them fully, hear them carefully; for nature has provided us with two ears, and he that answereth a matter before he heareth it, it is folly and shame to him. The ear of the learner is necessary to the tongue of the learned, Isa 50:4.
(2.)To be just and impartial: Judge righteously. Judgment must be given according to the merits of the cause, without regard to the quality of the parties. The natives must not be suffered to abuse the strangers any more that the strangers to insult the natives or to encroach upon them; the great must not be suffered to oppress the small, nor to crush them, any more than the small, to rob the great, or to affront them. No faces must be known in judgment, but unbribed unbiased equity must always pass sentence.
(3.)To be resolute and courageous: "You shall not be afraid of the face of man; be not overawed to do an ill thing, either by the clamours of the crowd or by the menaces of those that have power in their hands." And he gave them a good reason to enforce this charge: "For the judgment is God's. You are God's viceregents, you act for him, and therefore must act like him; you are his representatives, but if you judge unrighteously, you misrepresent him. The judgment is his, and therefore he will protect you in doing right, and will certainly call you to account if you do wrong."
3.He allowed them to bring all difficult cases to him, and he would always be ready to hear and determine, and to make both the judges and the people easy. Happy art thou. O Israel! in such praise as Moses was.
Historical interpretation
Historical Reception
One surviving comment on this verse from the historical church.
Thou shalt not long for division, but shalt bring those who contend to peace. Thou shalt judge righteously, thou shalt not respect persons in reproving for transgressions. Thou shalt not be undecided whether it shall be or no.
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Summary
Deuteronomy 1:16 records Moses' solemn charge to the newly appointed judges of Israel, laying down foundational principles for the administration of justice as the nation prepared to enter the Promised Land. This verse underscores the divine imperative for impartiality, righteousness, and comprehensive equity, extending the protective arm of the law not only to native Israelites but also, remarkably, to the resident alien among them, thereby establishing a legal framework rooted in God's own just and compassionate character and reflecting His covenant demands for a holy people.
Context
Literary Context
Deuteronomy 1:16 is situated within Moses' opening address to the new generation of Israelites, delivered on the plains of Moab before their imminent entry into Canaan. This chapter serves as a historical prologue, recounting the journey from Horeb (Mount Sinai) and the pivotal events that shaped Israel's identity and governance. Specifically, Moses recalls the immense burden of judging every dispute among the vast multitude of people and the subsequent, divinely-guided delegation of authority by appointing capable leaders to serve as judges. This verse details the precise charge given to these men, emphasizing their responsibilities in administering justice fairly and comprehensively. It is an integral part of Moses' sermonic appeal, reminding the people of God's past provisions and their ongoing obligations under the covenant, thereby setting the moral and legal stage for the detailed laws that follow throughout the book of Deuteronomy.
Historical & Cultural Context
At this juncture in their history, Israel stood on the cusp of transitioning from a nomadic wilderness community to a settled nation in the Promised Land. Such a monumental transition necessitated a robust and organized judicial system to maintain order, resolve disputes, and ensure societal cohesion. In the broader ancient Near East, legal systems often exhibited stark class distinctions, with different standards of justice applied to various social strata, and foreigners frequently lacked legal standing or protection. However, God's law, as articulated through Moses, introduced a radical concept of equal justice for all, including the vulnerable "stranger" (Hebrew: ger). This provision was revolutionary, reflecting a divine concern that transcended ethnic or social boundaries and stood in stark contrast to the prevailing norms of the time, where foreigners often lacked legal recourse or protection.
Key Themes
Deuteronomy 1:16 encapsulates several key themes central to the book of Deuteronomy and the broader Pentateuch. The primary theme is Divine Justice and Righteousness, emphasizing that human justice must mirror God's own perfect character. The command to "judge righteously" implies decisions based on truth, equity, and unwavering adherence to God's moral standards, not personal bias or gain. Closely related is the theme of Impartiality, as judges were commanded to "Hear the causes between your brethren" without favoritism, ensuring all parties received a fair hearing. Furthermore, the explicit inclusion of "the stranger that is with him" highlights God's profound concern for the Vulnerable and Marginalized. This theme of caring for the non-native resident is reiterated throughout the Pentateuch, underscoring the expansive and compassionate nature of God's covenant law, as seen in passages like Deuteronomy 10:18-19 where Israel is commanded to love the stranger because they themselves were strangers in Egypt. This verse also implicitly touches upon the theme of Delegated Authority, showing the practical organization necessary for a large community to function under God's law while maintaining fidelity to divine principles. The principles here are foundational to the covenant relationship established at Mount Sinai.
Exposition and Analysis
Key Word Analysis
This verb (H6680) signifies an authoritative command or instruction, often with legal or military connotations, implying a binding mandate. When Moses "charged" the judges, it was not merely a suggestion but a divinely ordained directive, emphasizing the serious and non-negotiable nature of their judicial responsibilities. It highlights that their authority derived from God through Moses, making their judgments an extension of divine will.
This foundational Hebrew term (H6664) denotes conformity to an ethical or moral standard, particularly God's standard of justice and righteousness. It goes beyond mere legal correctness to encompass moral integrity, fairness, and equity. To "judge righteously" means to render decisions that are just, true, and aligned with God's character and covenant demands, ensuring that justice is not perverted but rather reflects divine truth and equity.
This term (H1616) refers to a resident alien or sojourner, a non-Israelite who had settled among the community. Unlike a passing traveler, the gêr had taken up residence and was often vulnerable, lacking tribal land, family support, or full legal standing in many ancient societies. The explicit inclusion of the gêr in the judicial mandate underscores the radical inclusivity and humanitarian concern embedded within God's law for Israel, demonstrating His care for all, regardless of origin.
Verse Breakdown
"And I charged your judges at that time, saying, Hear [the causes] between your brethren,"
This opening clause establishes Moses' direct and authoritative role in instituting the judicial system, emphasizing the divine origin of the judges' mandate. The command to "hear the causes" underscores the critical first step in justice: diligent, unbiased listening. Judges were to give full, attentive consideration to both sides of a dispute among fellow Israelites, ensuring that no party was dismissed or unheard, thereby reflecting a commitment to thoroughness and impartiality from the outset of any legal proceeding.
"and judge righteously between [every] man and his brother,"
This is the core mandate for the judges concerning disputes among Israelites. It demands not just a verdict, but a "righteous" one—a judgment that is morally upright, equitable, and consistent with God's revealed law. This principle ensures that justice is administered fairly, without favoritism, corruption, or prejudice, upholding the integrity of the community's legal system and reflecting God's own just character in their societal structures.
"and the stranger [that is] with him."
This crucial addition expands the scope of justice beyond the covenant community of Israel. It commands that the same standard of righteous judgment applied to Israelites must also be extended to the resident alien. This provision was revolutionary for its time, demonstrating God's universal concern for all humanity and mandating Israel to be a society where even the most vulnerable non-native residents received fair and equal treatment under the law, reflecting the compassion they themselves experienced as strangers in Egypt.
Literary Devices
Deuteronomy 1:16 employs several literary devices to convey its profound message and underscore its importance. The pervasive Didactic Tone is characteristic of Moses' sermonic style throughout Deuteronomy, aiming to instruct, persuade, and deeply impress upon the people the gravity and divine origin of these laws. The use of Direct Address ("your judges," "your brethren") creates a personal and immediate connection, emphasizing the direct responsibility placed upon the community's leaders and, by extension, upon the people themselves to live within a just society. There is a clear element of Repetition and Expansion in the phrasing, moving from "between your brethren" to "between every man and his brother, and the stranger that is with him." This rhetorical technique first establishes the internal community focus and then deliberately expands it to include the gêr, highlighting the comprehensive and radically inclusive nature of God's justice. The verse also utilizes precise Legal Language ("charged," "judges," "hear causes," "judge righteously") which firmly situates this instruction within a formal governmental and judicial context, underscoring the practical implementation of divine principles in daily life and the establishment of a righteous legal framework.
Theological and Thematic Connections
Deuteronomy 1:16 profoundly reveals God's character as the ultimate righteous Judge, who desires His people to reflect His attributes in their societal structures. The command for impartial and righteous judgment is not merely a legalistic requirement but a call to embody God's covenant faithfulness and moral perfection. It teaches that true justice flows from a divine source, demanding that human systems of law and governance mirror the moral perfection of their Creator. The radical inclusion of the "stranger" demonstrates God's expansive love and concern for all humanity, transcending ethnic and national boundaries, and challenging His people to extend compassion and equity even to those outside their immediate community. This principle forms a cornerstone of biblical ethics, emphasizing that how a society treats its most vulnerable is a direct reflection of its adherence to divine standards and its understanding of God's own heart.
Reflection and Application
Deuteronomy 1:16 offers timeless and transformative principles that resonate deeply with contemporary challenges in leadership, conflict resolution, and societal ethics. For believers today, it serves as a powerful reminder that justice is not merely a secular concept but a divine mandate, rooted in the very character of God. We are called to approach disagreements and disputes with a commitment to impartial listening, seeking truth above personal bias or favoritism, and exercising discernment. In our personal interactions, professional dealings, and civic engagement, we are to strive for righteousness and fairness, reflecting God's integrity in all our decisions. Crucially, the verse compels us to actively advocate for and protect the vulnerable, the marginalized, and those who may lack a voice in our communities, just as God commanded Israel to care for the stranger. It also highlights the importance of wise delegation of authority and equipping others to carry out responsibilities justly, a principle applicable in families, churches, organizations, and governments, ensuring that God's standards of equity are upheld in every sphere of influence and that His kingdom values are manifested.
Questions for Reflection
FAQ
What was the significance of appointing judges at this specific time?
The appointment of judges, as recounted in Deuteronomy 1, was critically significant because Israel was transitioning from a nomadic existence in the wilderness to a settled life as a nation in the Promised Land. A large and diverse population required an organized and efficient system of governance to maintain order, resolve disputes, and administer God's laws effectively. Moses, burdened by the immense task of judging every case himself, had previously received counsel from his father-in-law Jethro in Exodus 18 to delegate this authority. This moment in Deuteronomy reiterates and formalizes that delegation, underscoring the practical necessity of a robust judicial framework for the nascent nation's stability and faithfulness to the covenant, ensuring that justice would be accessible and equitable for all.
How does this verse relate to other ancient Near Eastern legal codes?
Deuteronomy 1:16, like other parts of the Mosaic Law, stands out in stark contrast to many ancient Near Eastern legal codes (such as the Code of Hammurabi or the Middle Assyrian Laws). While these codes often prescribed different penalties or standards of justice based on social class or status, God's law for Israel emphasized a radical principle of equal justice for all, including the vulnerable "stranger" (gêr). The explicit command to "judge righteously between every man and his brother, and the stranger that is with him" demonstrates a unique divine concern for impartiality and the protection of the marginalized, rooted in God's own character and Israel's past experience as strangers in Egypt. This ethical distinctiveness elevated Israel's legal system beyond mere social order to a profound reflection of divine righteousness and compassion.
Does "judge righteously" imply a specific legal process, or a broader ethical standard?
The phrase "judge righteously" (Hebrew: shaphat tsedeq) implies both a specific legal process and a broader ethical standard. On one hand, it demands adherence to the specific laws and statutes given by God through Moses, ensuring that verdicts are legally sound according to divine revelation. On the other hand, tsedeq (righteousness) encompasses a moral uprightness, integrity, and fairness that transcends mere legalistic application. It calls judges to exercise discernment, wisdom, and impartiality, ensuring that justice is administered with equity and compassion, reflecting God's own character. Therefore, it's not just about following rules but about embodying a just and moral disposition in the application of those rules, ensuring that the spirit of the law is upheld alongside its letter, leading to true and holistic justice.
Christ-Centered Fulfillment
Deuteronomy 1:16, with its profound emphasis on righteous and impartial judgment, particularly for the vulnerable, finds its ultimate fulfillment in the person and work of Jesus Christ. He is the perfect and ultimate Judge, whose very nature is righteousness and justice, as prophesied in Isaiah 11:3-4. Unlike human judges who are prone to error or bias, Jesus embodies perfect equity, hearing every cause with divine wisdom and rendering judgments that are always true and just. His earthly ministry consistently demonstrated a radical concern for "the stranger," the marginalized, the outcast, and the vulnerable, fulfilling the spirit of the Deuteronomic law. From His parables, such as the Good Samaritan, which redefined "neighbor" to include the despised, to His direct interactions with the sick, the poor, and the ostracized, Jesus exemplified the compassionate justice God always intended for His people to practice. Furthermore, the New Covenant, inaugurated by Christ's sacrifice, goes beyond external legal codes to write God's law on our hearts (Jeremiah 31:33), empowering believers through the Holy Spirit to live out these principles of justice and righteousness in a fallen world. As followers of Christ, we are called to be agents of His kingdom, reflecting His impartial love and advocating for justice, knowing that one day He will return to judge the living and the dead with perfect righteousness (Acts 17:31) and establish His eternal reign of perfect justice.