Messianic Education Trust
		Living in Exile     Shoftim   (Deut 16:18 - 21:9)

D'varim/Deuteronomy 17:2   If there is found in your midst, in one of your gates that the L-rd your G-d is giving you ...

View whole verse and interlinear translation ...

This verse comes at the head of a block of text, verses 2-7, that is going to talk about people who might do evil in the eyes of The Name ...

HaShem: literally, Hebrew for 'The Name' - an allusion used to avoid pronouncing the Tetragrammaton, the so-called 'ineffable' name of G–d
HaShem, breaking the covenant, by turning away from HaShem to worship other gods, the sun or moon or any of the host of the heavens. Turning to worship other gods breaks the first commandment - "I the L-RD am your G-d who brought you out of the land of Egypt, the house of bondage: You shall have no other gods beside Me" (D'varim 5:6-7, NJPS) - perhaps the most fundamental part of the covenant. Left unchallenged, it undermines the identity and existence of the Israelite people since the oft-repeated punishment is destruction of the state and exile. Here, as an individual matter, Moshe applies the command, "Whoever sacrifices to a god other than the L-RD alone shall be proscribed" (Shemot 22:19, NJPS). The Who Is ...

Ramban: Rabbi Moshe ben Nachman Girondi or Nachmanides (born in Gerona, 1194; died in Israel 1270), Spanish rabbi, author and physician; defended Judaism in the Christian debates in Barcelona before making aliyah
Ramban says that "this does not refer to the land of Israel alone; even outside the land one who worships idols is to be punished with stoning." The Who Is ...

Sforno: Rabbi Ovadiah Sforno (1470-1550 CE), Italian rabbi, philosopher and physician; born in Cesena, he went to Rome to study medicine; left in 1525 and after some years of travel, settled in Bologna where he founded a yeshiva which he conducted until his death
Sforno explains that "one who serves strange gods is considered as though he denies all the commandments and nullifies them" echoing James who tells us that "whoever keeps the whole law but fails in one point has become accountable for all of it" (James 2:10, ESV).

A significant condition imposed on the pursuit of justice is also given: "A person shall be put to death only on the testimony of two or more witnesses; he must not be put to death on the testimony of a single witness" (D'varim 17:6, NJPS). This is expressed both positively and negatively: an execution may not go ahead on the evidence of a single witness; an execution may only go ahead on the evidence of two or more witnesses. Although the Hebrew text here is "שְׁנַיִם עֵדִים אוֹ שְׁלֹשָׁה עֵדִים two witnesses or three witnesses", the Ramban says that however many witnesses there are, they must all come to court and give their testimony, "even if there are a hundred of them." This condition is considered sufficiently important that it warrants being revisited again in the same parasha: "A single witness may not validate against a person any guilt or blame for any offense that may be committed; a case can be valid only on the testimony of two witnesses or more" (D'varim 19:15, NJPS). Now the multiple evidence rule is extended from capital cases to any offence. The ancient rabbis agreed, concluding that "this is the general principle: wherever Scripture says 'if there be found', the finding must be attested by two or three witnesses" ( What Is ...

Sifrei: An early composite midrash/commentary on B'Midbar and D'varim; probably composed around the time of the Mishna (200CE); known and referenced in the Talmud; the B'Midbar portion from the school of R. Simeon, the D'varim portion from that of R. Akiva
Sifrei 148).

Looking at the first verb in our text - יִמָּצֵא, the Nif'al 3ms prefix form of the root מצא, to find, so here "it will/shall be found" or "it is found" - Rabbi Who Is ...

Hirsch: Rabbi Samson Raphael Hirsch (1808-1888 CE), German rabbi, author and educator; staunch opponent of the Reform movement in Germany and one of the fathers of Orthodox Judaism
Hirsch reports that "מצא  is the term habitually used for noting something based on the evidence of witnesses." Witnesses come forward to share their concerns about a situation or to disclose explicitly that an offence has been committed; at this point "it is found". The long phrase "בְּאַחַד שְׁעָרֶיךָ  in one of your gates that the L-rd your G-d is giving you" leads Hirsch to point out that "it is the nation to whom these words are addressed. In whatever place in its domain the crime has been committed, it has been committed 'in the nation' and it is incumbent on the nation as a whole, in its members as witnesses, and its representatives, or the delegates of its representatives, as courts of justice, to uphold the Law against criminality." It is the responsibility of the nation to police its people and ensure that the rule of law is being upheld, for the sake of the people and for the sake of HaShem's good name and reputation as Moshe said: "Observe them faithfully, for that will be proof of your wisdom and discernment to other peoples, who on hearing of all these laws will say, 'Surely, that great nation is a wise and discerning people'" (D'varim 4:6, NJPS).

Christopher Wright deduces six principles of judicial practice from the wider passage:¹

1. the law applies to men and women without distinction
2. the charges are to be a matter of public knowledge
3. there is to a full investigation and clear proof before proceeding to trial
4. the trial and any subsequent execution are to be conducted in public
5. there must be multiple consistent witnesses of the offence
6. those who bring the charges must take the lead in carrying out the sentence

These ensure that justice is fair, appropriate, thorough and cannot be bought or manipulated by those with money or influence. There can be no special pleading on the basis of age, gender, poverty or social status. Walter Brueggemann points out that "a theocratic vision of social power here makes no clear distinction between 'religious' violations of loyalty to YHVH and other, civic affronts against neighbour."² A crime is a crime, an offense is an offense, no matter the field or arena where it may have been committed; the processes and procedures for adjudicating accusations and disputes must be equally strict, rigorous and transparent in all cases.

Speaking about injustice routinely perpetrated by the elite of the northern kingdom of Israel in Samaria during the days of the divided monarchy, the prophet Amos says that "they hate anyone promoting justice at the city gate, they detest anyone who speaks the truth" (Amos 5:10, CJB). Tight control of the justice system - which was administered in the city gates - was essential to maintain the rule of the elite, to ensure that the poor were unable to obtain a just hearing in their favour against the landowners and government officials. Amos voices HaShem rebuking Israel because "they have sold for silver those whose cause was just" (2:6, NJPS). This almost certainly means that the elite were in the habit of manipulating the justice system by the payment of bribes, the corruption of witnesses and any other stratagems that money could buy to secure their own advantage in any case that was brought against them. This is, of course, in direct violation of the Torah's very explicit safeguarding commands: "You shall not subvert the rights of your needy in their disputes ... Do not take bribes, for bribes blind the clear-sighted and upset the pleas of those who are in the right" (Shemot 23:6,8, NJPS).

We can see that the demands for justice endure into the Apostolic Writings. When He is teaching about the way the disciples are to handle disputes within the ekklesia, Yeshua speaks about second stage meeting, saying, "take one or two others along with you, that every charge may be established by the evidence of two or three witnesses" (Matthew 18:16, ESV). Rav Sha'ul applies the same rules both within congregations - "every charge must be established by the evidence of two or three witnesses" (2 Corinthians 13:1, ESV) - and for leaders: "Do not admit a charge against an elder except on the evidence of two or three witnesses" (1 Timothy 5:19, ESV). It seems that the body of Messiah, though it is to hoped that disputes between disciples should never happen - "Why not rather suffer wrong? Why not rather be defrauded?" (1 Corinthians 6:6, ESV) - need to recognise that they live in this current age so must be prepared with the same fair, transparent and rigorous procedures for making sure that justice happens.

In the middle of his first letter to the congregations at Corinth, Rav Sha'ul spoke to them very sharply about a situation that they had allowed to continue, a matter of "sexual immorality among you, and of a kind that is not tolerated even among pagans" (1 Corinthians 5:1, ESV), insisting: "Let him who has done this be removed from among you" (v. 2, ESV). The congregation is to assemble and they are to expel the sinning brother from membership of the group. No if's and but's about it; they are to "deliver this man to Satan for the destruction of the flesh, so that his spirit may be saved in the day of the Lord" (v. 5, ESV); this is to done in both the name and the power of Yeshua Himself. Disciples who have clearly sinned and in spite of being called to repentance continue to sin must be removed from the community. The writer to the Hebrews is unyielding: "Anyone who has set aside the law of Moses dies without mercy on the evidence of two or three witnesses" (Hebrews 10:28, ESV). We do not and should not carry out capital punishment, but we are to carry out the equivalent of cutting someone of from their people: expelling them from fellowship and membership in our congregations.

We live in litigious days and the eyes of the world are on us, seeking to find fault and ways to discredit Yeshua by discrediting His disciples. As exiles we must be squeaky clean and hold to the highest standards as part of our witness, tolerating no sin in ourselves and amongst each other. We must not only follow due process but be seen to do so; as faithful disciples, making sure that we "give no opportunity to the devil" (Ephesians 4:27, ESV). Nevertheless, Sha'ul urges: "Brothers, if anyone is caught in any transgression, you who are spiritual should restore him in a spirit of gentleness" (Galatians 6:1, ESV). We cannot abandon those who have, for the moment, fallen into sin: "We who are strong have an obligation to bear with the failings of the weak, and not to please ourselves" (Romans 15:1, ESV). We must work to stand alongside them and restore them to the truth, that they might repent and be readmitted to our midst as fellow disciples once more, on the journey of following the Master. This is His will and purpose for us in these days, "not wishing that any should perish, but that all should reach repentance" (2 Peter 3:9, ESV). Let us not be found wanting!

1. - Christopher J. H. Wright, Deuteronomy (Grand Rapids, MI: Baker, 2012), page 206.

2. - Walter Brueggemann, Deuteronomy Abingdon Old Testament Commentaries, (Nashville, TN: Abingdon Press, 2001), page 181.

Further Study: Psalm 141:3-4; 2 Timothy 2:24-26; James 5:19-20

Application: While the rules of due process may seem cumbersome and worldly at times, it is essential that we do follow through the steps so that we know who we are and exactly where we stand, so that we can rightly determine brothers who need attention and help in regaining their footsteps on the way of righteousness. Seek the Master's guidance as you move forward and stay alert.

Buy your own copy of the Drash Book for Deuteronomy/D'varim now at Amazon US or Amazon UK.

© Jonathan Allen, 2025

Messianic Trust Home Page	Join Weekly Email	More Weekly Drashot
Last Week	Support the work of producing this weekly commentary	Next Week
Last Year - 5784	Scripture Index	Next Year - 5786