The Lawyers and Judges: ―Scribes‖ in the Bible
For the most part, the law of Israel is found in the Laws of Moses, the Torah. Through the centuries, the
elders, priests, and rabbis interpreted it and recorded their rulings in the Mishna and Talmud.
The interpreters of the law, whom we would call lawyers, were teachers or experts in the law. They acted
both as court lawyers, as well as synagogue lawyers in matters of religious law (Matt 22:35; Luke 7:30;
10:25; 11:45, 46, 52; 14:3; Titus 3:13). The scribe acted as the function of a lawyer in his pronouncements of
legal decision.
Local government authority was based in the council of elders or judges. Since the time of the exodus, elders
were established who were heads of families and rulers of clans. Once the people began to settle in villages,
the elders became a more central authority on the local scene with community-wide influence.
During the settlement period, it was the elders who represented the collective wisdom of the community
(Prov 31:23). Internal group laws were not written, but formed a tradition passed along by the elders to insure
the group‘s security, integrity, hospitality, progeny, property, family solidarity, and the worship of the one
YHWH. The elders supervised legal procedures and were arbiters of local disputes. They formulated legal
policy based on the legal traditions and customs of the group and the law given to them in the Sinai
(Deut 16:18-20).
In the unwalled villages, their ―courtroom‖ was probably the threshing floor, which was a central meeting
place of the people. Later, as the villages acquired walls, the elders could be found at the city gates, where
they heard legal cases and arbitrated disputes. For example, when Ruth confronted Boaz at the threshing
floor, he went to the city gate and sat with the elders to decide her case (Ruth 4:1-2). This system of ―court‖
was found throughout the biblical period.
In the Bible, the gateway into the walled city was more than the entrance and exit to a city. Figuratively, it
represented the place of authority and the glory of the city (Isaiah 3:26). The gate represented the place of
authority of a city, where the elders sat. Scripture even refers to supernatural authority as the ―gates of
heaven‖ (Gen 28:17) and the ―gates of hell‖ (Matt 16:18).
The biblical term, ―to be within the gates‖, referred to being under the authority of the elders of the city, who
presided in the gates (Deut 22:15; 25:7). In battle, to ―possess the gates‖ was to possess the city
(Gen 22:17; 24:60).
The Israelites were instructed to establish this authority with judges at the city gates (Deut 16:18) as a place
of judgment to insure justice and obedience to YHWH‘s laws by the people.
Another function of the elders at the gate was to protect the city and their people from the outside world. The
gate was the most vulnerable point in these ancient, walled cities, and it was necessary to place judges there
to interview those entering the city to be sure their presence was welcomed. Evildoers, who might cheat,
steal, or break the laws of the city, were not allowed to enter or stay in the city (Deut 17:2-5).
At Tel Dan, far to the north of the Hulah Valley in the tribal area of Dan, the main city gate was uncovered,
and there, the archaeologists found the seat of the chief elder, who sat on a throne-like platform with other
elders to evaluate and interview those coming into the city and also hear and judge over the grievances of
those within the city.
During the period of the Judges, YHWH gave a wider level of authority to specific Judges raised up for an
appointed task. The role of these Judges was different to that of the elders at the gates of each city. The
Judges of the Book of Judges were charismatic leaders whose primary role was as deliverers to evict foreign
invaders; e.g., Ehud, who drove out the Moabites, Ammonites, and Amalekites; and Gideon, the Midianites.
While these Judges could advise on areas of public life, they were not primarily judicial or religious leaders.
However, they probably did hear cases that could not be decided by the heads of households or the council
of elders.
None of the Judges, except Samuel, were truly national in scope; and most functioned in a regional area with
their authority extending to one or more tribal units only. Judges could call upon other tribal groups to assist
in a military campaign, but it was up to the tribal leaders to decide whether or not to join. For example, when
Deborah called upon the Israelites to join her in a campaign against Jabin, King of Hazor—the clans of
Reuben, Gilead, Dan, and Asher chose not to respond (Judges 5:16,17).