“If a case comes before you at your city gate which is too difficult for you to judge, concerning bloodshed, civil suit, personal injury or any other controversial issue; you are to get up, go to the place which Adonai your God will choose, and appear before the cohanim, who are L’vi’im, and the judge in office at the time. Seek their opinion, and they will render a verdict for you.”-Deuteronomy 17:8-9
Alrighty, we are continuing to slog our way through Deuteronomy Chapter 17.
So let’s get to it.
From verse 8, the government officials are instructed to set up a “higher court”.
What was the purpose of the higher court?
Well, when matters became too difficult for the lower courts to handle, it was turned over to the higher court.
Pretty simple, right?
Ahh…but not so fast.
Understand that this was NOT a court of appeals like we have in our modern day justice system.
One did NOT have the option of getting a ruling made by the lower court overturned.
We’re simply talking about a situation where the case being judged was too challenging and complicated for the lower court to handle on their own or maybe the elders couldn’t come to an agreement on a final verdict.
In either instance, the case was turned over to the higher court for a final decision to be rendered.
So get this clear.
In the Torah, there was no such thing as an appeals system.
It didn’t exist.
Once the lower court decided the matter, that was it baby.
You had to pay your parking ticket…
…or pay whatever the consequences were…
…for whatever petty crime you had committed.
Next, notice it says that the case is to be brought…
...”to a place the Lord your God has chosen”.
This is referring to the central tribunal.
Contrary to popular understanding, the central tribunal was NOT necessarily where the Tabernacle was located.
Instead, the location could have been any one of the 48 Levitical cities that were scattered throughout the Holy Lands.
The central tribunal used was probably the one located closest to where the lower court was that was judging on any particular matter.
Now how exactly did this central tribunal work?
Well, this is where possessing a strong understanding of how tribal systems worked in the ancient Middle East can come in real handy.
Once Israel was established in the Promised Land, each of the 12 tribes had their own territory and their own lower courts.
However, if the lower court judges couldn’t come to an agreement, then it was sent up to the higher court.
The higher court was comprised of Levite priests who possessed a more advanced understanding of God’s Law and thus were in a much better position to render proper judgement on the tougher cases.
We can see from this structure that the priesthood carried authority over ALL of Israel because it was their duty to judge on any of the tough cases brought to them from any of the twelve tribes.
Let’s take a look at verse 10.
“You will then act according to what they have told you there in that place which Adonai will choose; you are to take care to act according to all their instructions.”-Deuteronomy 17:10
This verse makes it clear that once the Levitical Priesthood made a decision, not only was it final BUT…
…the ruling was to apply to all of the 12 Hebrew tribes.
The punishment (if there was one) was to be carried out immediately and fully AND…
…there was to be no going back.
The judgement was permanent.
Next, take a look at verses 12-13.
“Anyone presumptuous enough not to pay attention to the cohen appointed there to serve Adonai your God or to the judge — that person must die. Thus you will exterminate such wickedness from Israel — all the people will hear about it and be afraid to continue acting presumptuously.”-Deuteronomy 17:12-13
Wow!
This is interesting.
If the local tribal leaders refuse to obey the ruling of the higher court (the Levitical Priesthood), then they are to be executed.
Now that’s a serious threat.
This reminds me of how the southern states rebelled against the federal ruling that segregation was unconstitutional.
Alright, like many of the other harsher parts of God’s law, there was a practical reason behind this ruling as well.
But again, in order to properly understand what it is you have to understand the nuances of the tribal system as they existed in the ancient Middle East.
Heck, I would even go so far as to say…
…if you want to understand the Scriptures themselves properly…
…you’ve just got to understand the nuances of the tribal system…
…as they existed in the ancient Middle East.
So here’s the main thing you’ve just got to get.
In the ancient Middle East, above all LOYALTY to one’s tribe was everything.
The notion of several tribal chiefs or princes bowing down to one central authority ran against the grain of everything they believed and thought.
Instead, each individual tribe was hell-bent to in any way possible achieve domination and superiority over all the other tribes.
In fact, we see this phenomenon of warring tribes and internal strife happening in the Middle East today within the Muslim countries.
And out in the wilderness, this was also the constant challenge Moses had to deal with.
Moses was constantly in a battle with the 12 tribal chiefs of Israel to try and get them to come together so that at least some semblance of national unity could be achieved.
And even after Israel had settled in the Promised Land, per God’s command, each of the 12 tribes received their land allotment resulting in a degree of autonomy and independence that unfortunately diminished any perceived need for national unity and cooperation with the other tribes to achieve mutual protection.
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