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Court, JudicialInsight on the Scriptures, Volume 1
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Under the Law. With the Exodus of the Israelites from Egypt, Moses as Jehovah’s representative became judge. At first he was trying to handle all the cases, which were so numerous that he was busy from morning to evening. On the counsel of Jethro he appointed capable men as chiefs of thousands, of hundreds, of fifties, and of tens. (Ex 18:13-26) It does not appear that this meant that there was one specially appointed judge for every seven or eight able-bodied males. Rather, the nation was organized with chiefs authorized to handle smaller cases whenever necessary. But anything unusually complicated or difficult, or a matter of national importance, was to be brought to Moses or to the sanctuary before the priests.
These hard matters for judgment included the following: Where the husband was suspicious of the chastity of his wife (Nu 5:11-31), a case of bloodshed where there was a dispute (De 17:8, 9), and certain cases where revolt was charged against a man but where the evidence was unclear or suspicious (De 19:15-20). The priests would officiate in a case of unsolved murder.—De 21:1-9.
There were no regular provisions for appeal from the lower courts to the higher, but if the chiefs of tens could not decide a case they could refer it to the chiefs of fifties, and so on, or directly to the sanctuary or to Moses.—Ex 18:26; De 1:17; 17:8-11.
The men selected as judges were to be capable, trustworthy men, fearing Jehovah, hating unjust profit. (Ex 18:21) They were generally family heads or heads of tribes, older men of the city in which they acted as judges. The Levites, who were set aside by Jehovah as special instructors in the Law, served prominently also as judges.—De 1:15.
Many are the admonitions against the perversion of judgment, taking of bribes, or partiality. (Ex 23:6-8; De 1:16, 17; 16:19; Pr 17:23; 24:23; 28:21; 29:4) A poor man was not to be favored merely because he was poor, nor was the rich man to be given advantage over the poor. (Le 19:15) The rights of the alien resident were to be regarded, and they were not to be treated unjustly. The judges were not to oppress such ones, nor widows and orphans, who seemed to have no protector, for Jehovah was their fatherly Judge and Protector. (Le 19:33, 34; Ex 22:21; 23:9; De 10:18; 24:17, 18; 27:19; Ps 68:5) Accordingly, the alien residents were required to respect the law of the land. (Le 18:26) But these statutes and counsels from Jehovah came to be disregarded by the princes and judges in Israel, such disregard being one of the causes for God’s adverse judgment of the nation.—Isa 1:23; Eze 22:12; 1Sa 8:3; Ps 26:10; Am 5:12.
Since the judges were to be upright men, judging according to Jehovah’s law, they represented Jehovah. Therefore, standing before the judges was considered as standing before Jehovah. (De 1:17; 19:17; Jos 7:19; 2Ch 19:6) The term “assembly” or “congregation” in most cases means the general assembly of the people, but in speaking of taking cases for judgment before the assembly or congregation the Bible refers to the representative members thereof, the judges, as at Numbers 35:12, 24, 25 and Matthew 18:17.
The local court was situated at the gate of a city. (De 16:18; 21:19; 22:15, 24; 25:7; Ru 4:1) By “gate” is meant the open space inside the city near the gate. The gates were places where the Law was read to the congregated people and where ordinances were proclaimed. (Ne 8:1-3) At the gate it was easy to acquire witnesses to a civil matter, such as property sales, and so forth, as most persons would go in and out of the gate during the day. Also, the publicity that would be afforded any trial at the gate would tend to influence the judges toward care and justice in the trial proceedings and in their decisions. Evidently there was a place provided near the gate where the judges could comfortably preside. (Job 29:7) Samuel traveled in a circuit of Bethel, Gilgal, and Mizpah and “judged Israel at all these places,” as well as at Ramah, where his house was located.—1Sa 7:16, 17.
The judges were to be treated with respect, inasmuch as they stood in a position representing Jehovah. (Ex 22:28; Ac 23:3-5) When a decision was handed down by the priests, by the Levites at the sanctuary, or by the judge who was acting in those days (for example, Moses or Samuel), it was binding, and anyone who refused to abide by the decision was put to death.—De 17:8-13.
If a man was sentenced to receive a beating with rods, he was to be laid prostrate before the judge and beaten in his presence. (De 25:2) Justice was administered speedily. The only instances where a person was held for a time was when a matter was difficult and the judgment had to be received from Jehovah. Then the accused was held in custody until the decision was received. (Le 24:12; Nu 15:34) The Law did not provide for imprisonment. Only later on, as the nation deteriorated, and also during the time of Gentile domination, was imprisonment practiced.—2Ch 18:25, 26; Jer 20:2; 29:26; Ezr 7:26; Ac 5:19; 12:3, 4.
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Court, JudicialInsight on the Scriptures, Volume 1
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The judges were to be treated with respect, inasmuch as they stood in a position representing Jehovah. (Ex 22:28; Ac 23:3-5) When a decision was handed down by the priests, by the Levites at the sanctuary, or by the judge who was acting in those days (for example, Moses or Samuel), it was binding, and anyone who refused to abide by the decision was put to death.—De 17:8-13.
If a man was sentenced to receive a beating with rods, he was to be laid prostrate before the judge and beaten in his presence. (De 25:2)
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Court, JudicialInsight on the Scriptures, Volume 1
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After the kingdom was established in Israel the cases of the most difficult nature were taken either to the king or to the sanctuary. The Law, at Deuteronomy 17:18, 19, required the king, upon taking his throne, to write out for himself a copy of the Law and to read in it daily, so that he would be properly qualified to judge difficult cases.
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