Moses was the nation's judge after Israel left Egypt. At Jethro's suggestion, just before the giving of the Sinaitic law (Exodus 18; , etc.), he appointed captains, rulers of thousands, hundreds, fifties, and tens, namely, the recognized heads of tribes or of chief houses in them, to judge at all seasons small matters, reserving the great ones for himself to decide, upon the principles which he should learn from God. These would number 78,600. But the elders (chosen from the elders who headed Israel in seeking freedom, and from the officers, the reluctant instruments of Egyptian tyranny: ; , etc.), appointed , etc., were only seventy (the same number as had gone up with Moses unto the Lord in the mountain, Exodus 24), endued by God with the Spirit as Moses' council. This council fell into desuetude under the judges and kings; but after the monarchy the Sanhedrin was modeled on this prototype.
Regard to locality modified the genealogical principle of selection upon Israel's entrance into Canaan (). The Levites, as the ultimate sources under God of jurisprudence, taught the people the law, to enable the judges and those judged to understand the right principle of decisions (-13). The "judges" are mentioned . Their sacro-sanctity is marked by their bearing the designation "gods," as exercising some of God's delegated power: ; ; , Hebrew "gods" for "'judges," God being the source of all justice. The qualifications of a judge are given (), "able men, such as fear God, men of truth, hating covetousness"; "not wresting judgment, not respecting persons, neither taking a gift" (so universal a practice with Eastern judges), ; "not respecting the person of the poor, nor honouring the person of the mighty" (); "not afraid of the face of man, for the judgment is God's" ().
Especially compare Jehoshaphat's charge to his judges (-7). Judging was the only royal function, under the theocracy, which was committed to man, and being moreover in the hands of the people's natural leaders it held a very high place in popular estimation. The place of judgment was the open space before the gate, the place of public resort (; ). The higher order of judges were called "princes," the lower "elders" (; ; representing the Hebrew nasiy', sar, nadiyb, nagid; nasiy' expressing "high birth", nadiyb "princely qualities", nagid "prominent station", sar "active official authority). In the elders of Succoth are 77, i.e. 70, the number of Jacob's family with which Succoth was connected (; ), with the sacred seven added ().
The custody, in the sanctuary, of the standard weights and measures made an appeal to the priesthood in disputes a necessity; and in final appeals the high priest, as chief legal authority, decided difficult cases before the time of the kings (; ). The Hebrew shophetim, "judges", correspond to the suffetes, the chief magistrates of Phoenician colonies. None of the nation's deliverers called "judges" (-19; ) were of a priest's family; Eli was not a deliverer or saviour (; ; ). Their main office was to judge or rule righteously ("feed" or tend, ) in deciding cases (; ; ; ), this function of the priesthood being in abeyance after the time of Joshua; their delivering Israel was an act of Jehovah's "righteousness" or faithfulness to His covenant, consequent upon the people's penitently turning to Him (; ).
These extraordinary judges, raised by God, the temporal as well as spiritual King of Israel, as His vicegerents, between Joshua and the kings were 13: Othniel, Ehud, Shamgar, Deborah and Barak, Gideon, Abimelech (an usurper), Tola, Jair Jephtha, Ibzan, Elon, Abdon (Bedan ), Samson. (On the dates see CHRONOLOGY.) "Saving" Israel is applied to them frequently ( margin, Judges 31; ; ; , margin); the Lord "raised them up" () at intervals, as need required, by causing His Spirit to come upon them (; ; ; ); Barak was called by a prophetess, Deborah (Judges 4); His providence overruled the people's choice in Jephthah's case. The judges ruled more continuously from Gideon's time; his sons are regarded as his natural successors (-3); so Samuel's sons (; ), he ruled until his death; so too Eli ().
Afterward, the king was expected to hear causes in person, and therefore should write and read continually a copy of the law (-4; -19). David probably delegated some of the judicial office to the 6,000 Levites, and especially Chenaniah and his sons (; ). Solomon was most famed for his judgments (; ; -4; -6; -34; ).
Two examples of forms of procedure occur: a civil case (), in which Boaz calls in ten elders to witness the redemption by him of the kinsman's right from the one whose claim was first, and whom he summoned to appear"in the gate," the usual place of judgment; and a criminal one (-14), where the eiders and nobles judge, on the testimony of witnesses, in the presence of the people. So in the case of the manslayer (-6; ; -25). Fees were not allowed judges (), but were regarded as bribery. Professed advocates were unknown in early times; but voluntary pleading for the defenseless was esteemed meritorious (; ; ).