JUDICIAL (LEGAL) SYSTEM

COURTS AND JUDGES

1. Num.15:16 The same Torah (instructions) and regulations will apply both to you and to the foreigners living among you.

2. Deut.16:18 You shall appoint judges and officers in all your towns which YHWH your Elohim gives you, according to your tribes, and they shall judge the people with righteous judgment.

Tit.1:5 For this reason I left you in Crete, that you should set in order the things that are lacking, and appoint elders in every city as I commanded you.

3. Deut.25:1 If there is a controversy between men, and they come into court and the judges decide between them, justifying the innocent and condemning the guilty.

4. Ex.23:2 Do not join a crowd that intends to do evil. When you are on the witness stand, do not be swayed in your testimony by the opinion of the majority.

5. Lev.24:22 You are to apply the same standard of judgment to the foreigner as to the citizen, because I am YHWH your Elohim.

6. Deut.24:17 Make sure foreigners and orphans get their just rights. Don’t take the cloak of a widow as security for a loan. Don’t ever forget that you were once slaves in Egypt and YHWH your Elohim, got you out of there. Therefore I command you to do this thing.

Mtt.18:23 The Kingdom of YHWH is like a king who decided to square accounts with his servants. As he got under way, one servant was brought before him who had run up a debt of a ten thousand talents. And because he could not pay, his master ordered him to be sold, with his wife and his children and everything that he possessed, and payment to be made. The poor wretch threw himself at the king’s feet and begged, “Give me a chance and I’ll pay it all back.” Touched by his plea, the king let him off, erasing the debt. “The servant was no sooner out of the room when he came upon one of his fellow servants who owed him a hundred talents. He seized him by the throat and demanded, ‘Pay up. Now!” The poor wretch threw himself down and begged, “Give me a chance and I’ll pay it all back.” But he wouldn’t do it. He had him arrested and put in jail until the debt was paid. When the other servants saw this going on, they were outraged and brought a detailed report to the king. The king summoned the man and said, “You evil servant! I forgave your entire debt when you begged me for mercy. Shouldn’t you be compelled to be merciful to your fellow servant who asked for mercy?” The king was furious and put the screws to the man until he paid back his entire debt. And that’s exactly what my Father in heaven is going to do to each one of you who doesn’t forgive unconditionally anyone who asks for mercy.

7. Deut.19:15 Never convict anyone of a crime on the testimony of just one witness. The facts of the case must be established by the testimony of two or three witnesses (by the mouth of two or three witnesses the matter shall be established).

Mtt.18:16 If he doesn’t listen, take one or two others with you so that every accusation can be supported by the testimony of two or three witnesses.

1Tim.5:19 Do not receive an accusation against an elder except from two or three witnesses.

8. Ex.23:8 Take no bribes, for a bribe makes you ignore something that you clearly see. A bribe blinds the discerning and perverts the words of the righteous.

9. Deut.16:19 You shall not pervert justice. You shall not show partiality, nor take a bribe, for a bribe blinds the eyes of the wise and twists the words of the righteous.

10. Lev.19:15 Always judge your neighbors fairly, neither favoring the poor nor showing deference to the rich. Judge on the basis of what is right.

11. Ex.23:6 You shall not pervert the judgment of your poor in his dispute.

12. Ex.23:3 You shall not show partiality to a poor man in his dispute.

13. Deut.17:8 If a matter arises which is too hard for you to judge, between degrees of guilt for bloodshed, between one judgment or another, or between one punishment or another, matters of controversy within your gates, then you shall arise and go up to the place which YHWH your Elohim chooses. And you shall come to the priests, the Levites, and to the judge there in those days, and inquire of them. They shall pronounce upon you the sentence of judgment. You shall do according to the sentence which they pronounce upon you in that place which YHWH chooses. And you shall be careful to do according to all that they order you. Follow their instructions precisely. Don’t leave out anything; don’t add anything. Anyone who presumes to override or twist the decision handed down by the priest or judge who was acting in the Presence of YHWH your Elohim, is as good as dead – root him out, rid Israel of the evil. And all the people shall hear and fear – that will put an end to presumptuous behavior.

Act.15:2 Therefore, when Paul and Barnabas had no small dissension and dispute with them, they determined that Paul and Barnabas and certain others of them should go up to Jerusalem, to the apostles and elders, about this question.

Act.15:6 Now the apostles and elders came together to consider this matter.

14. Deut.19:16 If a false witness rises against any man to testify against him of wrongdoing, then both men in the controversy shall stand before YHWH, before the priests and the judges who serve in those days. And the judges shall make careful inquiry, and indeed, if the witness is a false witness, who has testified falsely against his brother, then you shall do to him as he thought to have done to his brother; so you shall put away the evil from among you. And those who remain shall hear and fear, and hereafter they shall not again commit such evil among you.

Dan.6:24 And the king gave the command, and they brought those men who had accused Daniel, and they cast them into the den of lions – them, their children, and their wives.

CITIES OF REFUGE

15. Num.35:11 You shall appoint cities to be cities of refuge for you, that the manslayer who kills any person accidentally may flee there. They shall be cities of refuge for you from the avenger, that the manslayer may not die until he stands before the congregation in judgment.

These examples show that YHWH understands human emotions very clearly. While giving such commands as ‘do not kill’, ‘do not seek revenge’, ‘do not be quick to anger’, etc., our Father, at the same time, understands that humans are not perfect and can commit such a sinful actions (Prov.29:22), thereby breaking these commandments unintentionally. For this type of situation the commandment about cities of refuge was given.

16. Num.35:13 And of the cities which you give, you shall have six cities of refuge. You shall appoint three cities on this side of the Jordan, and three cities you shall appoint in the land of Canaan, which will be cities of refuge. These six cities shall be for refuge for the children of Israel, for the stranger, and for the sojourner among them, that anyone who kills a person accidentally may flee there.

17. Deut.19:4 And this is the case of the slayer who shall flee there in order that he may live. Whoever kills his neighbor unintentionally, for whom he had no enmity in time past.

18. Deut.19:5 As when a man goes into the wood with his neighbor to hew wood, and his hand strikes with the ax to cut down the tree, and the head slips off the handle and lights on his neighbor and kills him – he may flee to one of those cities and live. Lest the avenger of the blood pursue the slayer while his mind and heart are hot with anger and overtake him, because the way is long, and slay him though he was not deserving of death, since he had not hated the victim in time past.

19. Num.35:26 But if the manslayer at any time goes outside the limits of the city of refuge where he fled, and the avenger of blood finds him outside the limits of his city of refuge, and the avenger of blood kills the manslayer, he shall not be guilty of blood, because he should have remained in his city of refuge until the death of the high priest. But after the death of the high priest the manslayer may return to the land of his possession. And these things shall be a statute of judgment to you throughout your generations in all your dwellings.

20. Num.35:32 And you shall take no ransom for him who has fled to his city of refuge, that he may return to dwell in the land before the death of the priest. 

21. Deut.19:11 But if anyone hates his neighbor, lies in wait for him, rises against him and strikes him mortally, so that he dies, and he flees to one of these cities, then the elders of his city shall send and bring him from there, and deliver him over to the hand of the avenger of blood*, that he may die. Your eye shall not pity him, but you shall put away the guilt of innocent blood from Israel, that it may go well with you.

* ‘avenger’ – in Hebrew גָּאַל  (gaal) also means ‘kinsman’, ‘relative’. The Torah excludes the concept of revenge (Lev.19:18). This verse is talking about the responsibility for shed blood in front of his relatives. Judges decided the punishment in these situations and not relatives of the murdered man.

METHOD OF PUNISHMENT

22. Deut.25:2 If the person in the wrong is sentenced to be flogged, the judge will command him to lie down and be beaten in his presence with the number of lashes appropriate to the crime.

23. Deut.25:3 No more than forty lashes may ever be given; more than forty lashes would publicly humiliate your neighbor. If you hit him more than forty times, you will degrade him to something less than human.

2Cor.11:24 From the Jews five times I received forty stripes minus one.

DEATH PENALTY

24. Deut.17:6 But never put a person to death on the testimony of only one witness*. There must always be at least two or three witnesses. The witnesses must throw the first stones, and then all the people will join in. In this way, you will purge all evil from among you. Deut.19:15 The facts of the case must be established by the testimony of two or three witnesses (by the mouth of two or three witnesses the matter shall be established). Num.35:30 All murderers must be executed, but only if there is more than one witness. No one may be put to death on the testimony of only one witness.

* John chapter 8 describes a story of a woman, who committed adultery. Yeshua refused to stone her since, according to the Torah, it was not allowed to judge without any witnesses (which were apparently absent).

Capital punishment is the last resort for dealing with systematic and wicked sins. The emphasis is not on the punishment itself but on the justice behind it: it is not just to punish someone without any witnesses or legitimate proof. Today’s modern society is not capable of justifying capital punishment; however, it is still practiced in many countries up to this day.

25. Deut.17:12 Anyone arrogant enough to reject the verdict of the judge or of the priest who represents YHWH your Elohim must be put to death. Such evil must be purged from Israel. Then everyone will hear about it and be afraid to act so arrogantly. 

The focus of this commandment is: “Get that sinful man away from Israel” and “all are frightened and will not be more stubborn.” Rebellion against the government, which the Almighty has set to manage the affairs and to administer justice according to His Law (Torah), is unacceptable (see. Numbers chapter 16).

Tit.3:1 Remind your people to submit to the government and its officers. They should be obedient, always ready to do what is good.

Rom.13:1 Let every soul be subject to the governing authorities. For there is no authority except from YHWH, and the authorities that exist are appointed by YHWH. Therefore whoever resists the authority resists the ordinance of YHWH, and those who resist will bring judgment on themselves. For rulers are not a terror to good works, but to evil. Do you want to be unafraid of the authority? Do what is good, and you will have praise from the same. For he is minister of YHWH to you for good. But if you do evil, be afraid; for he does not bear the sword in vain; for he is YHWH’s minister, an avenger to execute wrath on him who practices evil. Therefore you must be subject, not only because of wrath but also for conscience’ sake. For because of this you also pay taxes, for they are YHWH’s ministers attending continually to this very thing.

1Pet.2:13 For the sake of YHWH, submit yourselves to every human authority – whether to the emperor as being supreme, or to governors as being sent by him to punish wrongdoers (Lawbreakers) and praise those who do what is good (Righteous). For this is the will of YHWH, that by doing good you may put to silence the ignorance of foolish men (Lawbreakers). 

Unfortunately, some religious teachings distort the meaning of the statements by Paul and Peter about authority. They do not take them in the context of the commandments of the Most High and create a mistaken impression that Paul and Peter were calling for submission to any existing authority. However, this does not correspond to their actual teachings. Paul and Peter say that rulers are “servants of YHWH” and that they should punish lawbreakers and support the righteous.

The primary criterion for choosing authorities has always been and remains the same: the person (or persons) in leadership positions should be those who possess spiritual authority – loving and revering YHWH, following His commandments. The purpose of their rule is to guide the people to live a righteous life – to follow the commandments, to curb lawlessness, and to administer justice. Based on Scripture, it is quite evident that the function of authority is to uphold the order of YHWH.

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26. Num.35:31 Also, you must never accept a ransom payment for the life of someone judged guilty of murder and subject to execution; murderers must always be put to death.

27. Ex.21:14 But if a man comes willfully upon another to slay him craftily, you shall take him from My altar to which he may have fled for protection, that he may die.

28. Deut.24:16 The fathers shall not be put to death for the children, neither shall the children be put to death for the fathers; only for his own sin shall anyone be put to death.

29. Deut.21:22 And if a man has committed a sin worthy of death and he is put to death and, you hang him on a tree, his body shall not remain all night upon the tree, but you shall surely bury him on the same day, for a hanged man is accursed (cursed) by YHWH. Thus you shall not defile your land which YHWH your Elohim gives you for an inheritance.

Josh.8:29 And the king of Ai he hanged on a tree until evening. And as soon as the sun was down, Joshua commanded that they should take his corpse down from the tree, cast it at the entrance of the gate of the city, and raise over it a great heap of stones that remains to this day.

Josh.10:26 And afterward Joshua struck them and killed them, and hanged them on five trees. And they were hanging on the trees until evening. So it was at the time of the going down of the sun that Joshua commanded, and they took them down from the trees, cast them into the cave where they had been hidden, and laid large stones against the cave’s mouth, which remain until this very day.

Yeshua was judged for the sins of the world: he was crucified on a tree and taken down before the night fell: 1Pet.2:24 He Himself bore our sins in his body on the stake, so that we might die to sins and live for righteousness – by his wounds you were healed (Is.53:5). Gal.3:13 The Messiah redeemed us from the curse of the Law (from the curse but not from the Law itself!), having become a curse for us, for the Tanakh says, “Cursed (accursed) is everyone who hangs on a tree” (Deut.21:22).

UNSOLVED CRIME

30. Deut.21:1 If anyone is found slain, lying in the field in the land which YHWH your Elohim is giving you to possess, and it is not known who killed him, then your elders and your judges shall go out and measure the distance from the slain man to the surrounding cities. And it shall be that the elders of the city nearest to the slain man will take a heifer which has not been worked and which has not pulled with a yoke. The elders of that city shall bring the heifer down to a valley with flowing water, which is neither plowed nor sown, and they shall break the heifer’s neck there in the valley. Then the priests, the sons of Levi, shall come near, for YHWH your Elohim has chosen them to minister to Him and to bless in the name of YHWH. By their word every controversy and every assault shall be settled. And all the elders of that city nearest to the slain man shall wash their hands over the heifer whose neck was broken in the valley. Then they shall answer and say, “Our hands have not shed this blood, nor have our eyes seen it. Provide atonement, O YHWH, for Your people Israel, whom You have redeemed, and do not lay innocent blood to the charge of Your people Israel.” And atonement shall be provided on their behalf for the blood. So you shall put away the guilt of innocent blood from among you when you do what is right in the sight of YHWH.  

This commandment shows that the elders must take it very seriously when it comes to maintaining order in their cities. Even when it was not known who committed the murder, they still lifted up their prayers to YHWH in order to protect their nation from the curse of the committed sins. Nowadays, the blood of Yeshua covers these curses; however, the responsibility for the sins still lies on us, and the responsibility for the order in the cities lies on the rulers and political leaders.