Matthew Poole's Concise Commentary
Deuteronomy 17:8
Too hard for thee; he speaks to the inferior magistrates, who were erected in several cities, as appears by the opposition of these to them at Jerusalem. If, saith he, thou hast not skill or confidence to determine so weighty and difficult a cause. Between blood and blood, i.e. in capital causes in matter of bloodshed, whether it be wilful or casual murder, whether punishable or pardonable by those laws, Exodus 21:13,20,22,28 22:2 Numbers 35:11,16,19 Deu 19:4,10. Between plea and plea; in civil causes or suits between plaintiffs and defendants about words or estates. Between stroke and stroke, i.e. either first in ceremonial causes, between plague and plague, between the true leprosy, which is ofttimes called the plague, and the seeming and counterfeit leprosy, which was oft-times hard to determine. And under this, as the most eminent of the kind, may seem to be contained all ceremonial uncleannesses. But this seems not probable,
1. Because the final determination of the matter of leprosy is manifestly left to any particular priest, Le 13 14.
2. Because the person suspected of leprosy was not to be brought to Jerusalem, to be tried there, but was to be shut up in his own city and house, Leviticus 13:4,5; and the judges at Jerusalem neither could nor would determine his case without once seeing the person.
3. Because the case of leprosy was not hard or difficult, as those causes are said to be, but plain and evident, and so particularly and punctually described, that the priest needed only eyes to decide it. Or rather,
2. In criminal causes, concerning blows or wounds inflicted by one man upon another, and to be requited to him by the sentence of the magistrate according to that law, Exodus 21:23, wherein there might be many cases of great difficulty and doubt, about which see the annotations there. Matters of controversy, i.e. such things or matters of blood and pleas and strokes being doubtful, and the magistrates divided in their opinions about it; for if it was a clear case, this was not to be done. Some make this an additional clause to comprehend these and all other things, thus as if he had said, and in general, any words or matters of strifes or contentions.
1. Which the Lord shall choose, to wit, to set up his worship and tabernacle or temple there; because there was the abode, both of their sanhedrim, or chief council, which was constituted of priests and civil magistrates, who were most able to determine all controversies, and of the high priests, who were to consult God by Urim, Numbers 27:21, in great matters, which could not be decided otherwise.