Scripture never says that all are equal. It does say that justice is justice regardless of who is involved. Some things are wrong in themselves. It’s not a question of the person standing before the court, but of you standing before God. Doing justice is in your own best interest, and is your duty before your Creator. Keep in mind that this whole thing is a covenant, and this is Covenant Law for a Covenant Nation.
Almost everyone you encounter in a covenant nation like ancient Israel would be your fellow Israeli, and quite likely some cousin. How does one regard a kinsman as an enemy without them being such a horrific criminal that they are at the very least ostracized by the whole community? Don’t be petty. The Covenant made allowances for dealing with really evil people, but don’t seek private revenge for wrongs done to you. God is the One who chose your relatives, so seek peace with Him about your troubles with difficult relatives. There are things you have to guard on everyone’s behalf for you to receive any part of it. The covenant is its own reward; obeying the Law is a blessing in itself.
Abraham was to all appearances an exceedingly well educated man, equal to any PhD today, with many decades of experience using that education. While he may have lacked in Canaan Land the educational resources available to him back home in the Akkadian Empire, he didn’t lack the means to transmit his vast knowledge to his children and grandchildren. It would have been his duty to do educate his progeny. This was a mark of nobility. Yet, we know for certain that nobility would only last for a few generations before we start to see whole clans begin falling behind on it. Not everyone has the temperament and aptitude for a solid education, any more than everyone is hard worker. These human failings could easily be transmitted to succeeding generations. It’s natural the rot spreads quicker than noble character.
Moses shares with Israel the revelation of God some 600 years after Abraham. The Covenant made some effort to make up for this natural disparity by warning people not to surrender to wild superstition. Given the stern warning not to let your community slip away from shalom, and the assertion that these people were a chosen nation, it’s easy to imagine whole villages of kinfolks who would become overly guarded in their simplistic reading of the Law. So this section begins with a warning to be very careful about such things.
They were to guard against rumors and idle gossip. The Hebrew language could be quite expressive and dramatic, so it would be too easy for Israelis to blow something small out of proportion. They are warned here not to look for an excuse to ruin the life of someone they didn’t like. Don’t follow the stampeding herd. If just one or two sensible people in every village took the time to double-check stories going around, it should be enough to prevent injustice. So Moses encourages everyone to seek being a fount of justice. In particular, Moses warns them to show no partiality to someone who is an underdog for any reason. This implies not showing preference for the big shots, either.
If a domestic animal goes astray, capture and return it to the owner. If it belongs to someone you regard as an enemy, don’t seek backdoor justice by letting it go, or driving it farther away. Settle your squabbles some other way, but treat those animals as God’s property merely on loan to the owner. If an animal is in distress, it won’t matter if the owner hates you, help him and his animal. Be the better person by living justly.
In verse 6, Moses uses a word specifically referring to someone who is dependent on others to survive, which is different from the term (“underdog”) used in the verses above. Don’t prey on someone who has no champion to defend him, because God will be his champion. You’ll see this over and over again throughout Scripture. Seek divine justice in all things. Don’t let someone die because of political pressure and social convenience. The whole idea of social stability is not from enforced conformity, but it comes from seeking peace with God. Refuse bribes on principle. Be suspicious of folks trying to influence you against your heart.
And the same goes for protecting outsiders to the Covenant. Moses reminds the people that they were once aliens and suffered pretty bad abuse simply because they weren’t part of the native population in Egypt. It was unjust then; don’t pretend it is suddenly okay now that you are the insiders. Show mercy to those who mean you no harm.
