Blog 201. When is משפט Justice and When Judgment?

⦁ ▸ Note BDB does NOT use “justice” for משפט. For this, we should not be so “mechanical” or “machine-like” in our translations. We should be “impeccable” with our word. Many times in what I have shared previously, using BDB as the basis for the more literal translations, I have used “judgment” when it felt uncomfortable to do so. That discomfort actually was the reason for doing this blog.

▸ ESD h4941. מִשְׁפָּט mišp̱âṭ; from h8199. שָׁפַט šâp̱aṭ; properly, a verdict (favorable or unfavorable) pronounced judicially, especially a sentence or formal decree (human or (participant’s) divine law, individual or collective), including the act, the place, the suit, the crime, and the penalty; abstractly, justice, including a participant’s right or privilege (statutory or customary), or even a style: — + adversary, ceremony, charge, x crime, custom, desert, determination, discretion, disposing, due, fashion, form, to be judged, judgment, just(-ice, -ly), (manner of) law(-ful), manner, measure, (due) order, ordinance, right, sentence, usest, x worthy, + wrong.

AV (421) – judgment 296, manner 38, right 18, cause 12, ordinance 11, lawful 7, order 5, worthy 3, fashion 3, custom 2, discretion 2, law 2, measure 2, sentence 2, misc 18;

1. judgment, justice, ordinance
   1. judgment
      1. act of deciding a case
      2. place, court, seat of judgment
      3. process, procedure, litigation (before judges)
      4. case, cause (presented for judgment)
      5. sentence, decision (of judgment)
      6. execution (of judgment)
      7. time (of judgment)
   2. justice, right, rectitude (attributes of God or man)
   3. ordinance
   4. decision (in law)
   5. right, privilege, due (legal)
   6. proper, fitting, measure, fitness, custom, manner, plan

▸ h8199. שָׁפַט šâp̱aṭ; a primitive root; to judge, i.e. pronounce sentence (for or against); by implication, to vindicate or punish; by extension, to govern; passively, to litigate (literally or figuratively): — + avenge, x that condemn, contend, defend, execute (judgment), (be a) judge(-ment), x needs, plead, reason, rule.

AV (203) – judge (v) 119, judge (n) 60, plead 11, avenged 2, condemn 2, execute 2, judgment 2, defend 1, deliver 1, misc 3;

1. to judge, govern, vindicate, punish
   1. (Qal)
      1. to act as law-giver or judge or governor (of God, man)
         1. to rule, govern, judge
      2. to decide controversy (of God, man)
      3. to execute judgment
         1. discriminating (of man)
         2. vindicating
         3. condemning and punishing
         4. at theophanic advent for final judgment
   2. (Niphal)
      1. to enter into controversy, plead, have controversy together
      2. to be judged
   3. (Poel) judge, opponent-at-law (participle)

▸ CWSBD H4941. מִשְׁפָּט mišpāṭ: A masculine noun meaning a judgment, a legal decision, a legal case, a claim, proper, rectitude. The word connotes several variations in meanings depending on the context. It is used to describe a legal decision or judgment rendered: it describes a legal decision given by God to be followed by the people (Isa. 58:2; Zeph. 2:3; Mal. 2:17). These decisions could come through the use of the Urim and Thummim (Num. 27:21). The high priest wore a pouch called the breastpiece of justice, containing the Urim and Thummim by which decisions were obtained from the Lord (Ex. 28:30). Doing what was right and just in the Lord’s eyes was far more important than presenting sacrifices to Him (Gen. 18:19; Prov. 21:3, 15). God was declared to be the Judge of the whole earth who rendered justice faithfully (Gen. 18:25; Isa. 30:18). In the plural form, the word describes legal judgments, cases, examples, laws, and specifications.

The word describes the legal case or cause presented by someone. The Servant spoken of by Isaiah asked who brought his case of justice against him (Isa. 50:8); Job brought his case to vindicate himself (Job 13:18; 23:4). The legal claim or control in a situation is also described by the word. Samuel warned the people of the civil and legal demands a king would place on them (1 Sam. 8:9); Moses gave legislation to protect the rightful claim of daughters (Ex. 21:9). The Hebrew word also described the legal right to property (Jer. 32:8). Not surprisingly, the place where judgments were rendered was also described by this word; disputes were to be taken to the place of judgment (Deut. 25:1). Solomon built a hall of justice where he served as judge (1 Kgs. 7:7).

The word also describes plans or instructions: it describes the building plans for the Tabernacle (Ex. 35); and the specifications for the Temple (1 Kgs. 6:38); the instructions the angelic messenger gave to Samson’s parents about how he was to be brought up (Judg. 13:12). In a more abstract sense, it depicts the manner of life a people followed, such as the Sidonians (Judg. 18:7; 1 Sam. 2:13).

The word means simple justice in some contexts, often in parallel with synonymous words, such as ḥōq (H2706) or ṣeḏeq (H6664), meaning ordinance or righteousness. It describes justice as one thing Jerusalem was to be filled with along with righteousness (Isa. 1:21). Justice and righteousness characterize the Lord’s throne (Ps. 89:14[15]); and these were coupled with love and faithfulness (cf. Ps. 101:1; 111:7). Executing or doing justice was the central goal that Yahweh had for His people (Jer. 7:5; Ezek. 18:8), for that equaled righteousness (Ezek. 18:9).

Concordance

H4941. מִשְׁפָּט mišpāṭ masc. noun

(justice, judgment, ordinance)

Hundreds of occurrences…

• We have spoken before of the Urim (light) and Thummim (perfection) before and will speak of them again, LORD willing. It was a process of turning guidance over to God, whether in any given circumstance, a standard of enlightenment or a standard of perfection should be used. 

▸ TWOT 2443 שָׁפַט (shāpaṭ) judge, govern.

Derivatives

2443a † שֶׁפֶט (shepeṭ) judgment.

2443b † שְׁפוֹט (shepôṭ) judgment.

2443c † מִשְׁפָּט (mishpāṭ) justice, ordinance.

The primary sense of שָׁפַט is to exercise the processes of government. Since, however, the ancients did not always divide the functions of government, as most modern governments do, between legislative, executive, and judicial functions (and departments) the common translation, “to judge,” misleads us. For, the word, judge, as שָׁפַט is usually translated, in modern English, means to exercise only the judicial function of government. Unless one wishes in a context of government, civil, religious, or otherwise consistently to translate as “to govern or rule,” the interpreter must seek more specialized words to translate a word of such broad meaning in the modern world scene. For the participle NIV uses “leader.”

The meaning of שָׁפַט is further complicated by the fact that although the ancients knew full well what law-whether civil, religious, domestic or otherwise-was, they did not think of themselves as ruled by laws rather than by men as modern people like to suppose themselves to be. The centering of law, rulership, government in a man was deeply ingrained. “The administration of justice in all early eastern nations, as among the Arabs of the desert to this day, rests with the patriarchal seniors… Such… would have the requisite leisure, would be able to make their decisions respected, and through the wider intercourse of superior station would decide with fuller experience and riper reflection.”

Hence the following analysis of use of this basic word for exercise of government appears.

1. To act as ruler. This might be done by the congregation of Israel (Num 18:22-28), by individual judges (Deut 1:16; Jud 16:31; 1 Sam 7:16, 17), by a king (Jud 8:20); by Messiah (Ps 72:4) or even God himself (96:13). God alone can exercise the true ultimate rulership for, he is “the one judging all the earth” (Gen 18:25). But Moses deciding cases (whether criminal, domestic, religious or otherwise) acts for God and by divine authority (Ex 18:13, 15) and the same is true of other rulers in the OT theocracy (Deut 1:17).

2. By way of eminence, שָׁפַט means to decide cases of controversy as judge in civil, domestic, and religious cases, In such cases it was the judge’s duty specifically to judge with מִשְׁפָּט Judgment, justice) and צֶדֶק / צְדָקָה (righteousness) (see Ps 72:2-4) and in case of charges “they shall justify the righteous and condemn the wicked” (Deut 25:1).

3. Inasmuch in a situation of government by persons rather than merely of laws, the civil officer (the שׁוֹפֵט “one judging”) had the executive as well as judicial powers. He also executed or caused to be executed judicial decisions. Hence, for example, in David’s appeal to God as judge in his controversy with Saul he declares, “The Lord Will be a judge and he shall judge (שָׁפַט) between me and thee and he will see and will plead my case and he will judge me (יִשְׁפְּטֵנִי i.e. “deliver me”) out of thy hand” (1 Sam 24:15 [H 16]). Hence such words as deliver, vindicate, condemn, punish, and related words of judicial executive import are justly used in the translations.

4. Because all true authority is God’s and he shall ultimately act as judge of the world in the last great assize, he is שׁוֹפֵט pre-eminent (Ps 96:13; 50:6; 75:8 [H 7] and meanwhile through providence he is always supreme שׁוֹפֵט (94:2; cf. 103:19) of the universe.

All the above uses are in the Qal.

The Niphal, in the occasional reciprocal sense of that stem, furnishes cases where the sense of governmental process is extended to carrying on a case of litigation. In such cases אֵת “with” is furnished before the object of the verb; thus, “I will enter into judgment with thee” (Jer 2:35; cf. Ezek 17:20; 20:35, 36; 38:22, in each God is actor and speaker). “Plead,” in the legal sense of plead a case often occurs, viz. “that I may plead with you before the Lord” (1 Sam 12:7); “have a controversy” (Isa 43:26, BDB) and “execute judgment” (66:16, RSV).

The Poel participle has the sense of denunciatory judgment, as “those who condemn” (Ps 109:31, RSV), “accuser” (Job 9:15), and “the judgment s against you” (Zeph 3:15).

שָׁפַט, with its derivative noun מִשְׁפָּט, is the commonest word to designate the function of government in any realm and in any form. It apparently differs from the rarer דִּין (verb and noun) chiefly in being the more formal and technical term while דִּין is more poetic.

שֶׁפֶט. Judgment, always plural שְׁפָטִים . Like שְׁפֹט, this noun seems to take its meaning from שָׁפַט BDB, p. 1047, judgment in the penal sense, i.e. punishment. In several cases the punishments are divine punishments. The plagues of Egypt are divine שְׁפָטִים (Ex 6:6; 7:4; 12:12). God punished Jerusalem with sword, famine, evil beasts and pestilences, all called God’s “four… שְׁפָטִים (Ezek 14:21). שְׁפָטִים inflicted by men may be divine punishments (16:41; cf. v. 38). Civil magistrates’ punishments of breakers of human laws are also called שְׁפָטִים (Prov 19:29).

There is a definite theology of punishment as retribution, vindicative of justice, both divine and human, expressed in שֶׁפֶט and שְׁפֹט .

שְׁפוֹט. A judgment. This word in the two cases of its appearance takes the sense of punishment (penal judgment), parallel to meaning 3c of BDB (p. 1047) “condemning and punishing.” The harlot’s judgment is to be slain with the sword (Ezek 23:10). שְׁפוֹט is parallel to sword, famine, and pestilence, divine punishments (2 Chr 20:9).

מִשְׁפָּט. Justice, ordinance, custom, manner. Represents what is doubtless the most important idea for correct understanding of government whether of man by man or of the whole creation by God. Though rendered “judgment” in most of the Hebrew Bible, this rendering is often defective for us moderns by reason of our novel way of distinctly separating legislative, executive, and judicial functions and functionaries in government. Hence שָׁפַט, the common verb (from which our word מִשְׁפָּט is derived) meaning “to rule, govern,” referring to all functions of government is erroneously restricted to judicial processes only, whereas both the verb and noun include all these functions.

An analysis of all uses in the Bible turns up at least thirteen related, but distinct, aspects of the central idea, which if to be rendered by a single English word with similar range of meaning, ought by all means to be the word “justice.” Even the ASV, which inclines strongly toward regular rendering of Hebrew and Greek words has thus updated the rendering of מִשְׁפָּט, though not regularly (contrast “thy judgments” (Ps 72:1) with “with justice” 72:2). The noun מִשְׁפָּט can be used to designate almost any aspect of civil or religious government, as follows:

1. The act of deciding a case of litigation brought before a civil magistrate. BDB finds 204 instances beginning at Ex 21:31–though RSV and NASB disallow this first, rendering otherwise. But most of the occurrences are very clear (Deut 25:1; Josh 20:6 are examples).

2. The place of deciding a case of litigation. A clear case of this rather rare (because indecisive) use is 1 Kgs 7:7.

3. The process of litigation is called מִשְׁפָּט . There are many doubtful cases, it being hard to distinguish between meanings 1 and 2. An instance is Isa 3:14. “Litigation” would be an apt rendering for this class. The clearest instances employ עִם with a following noun “a judgment with so-and-so” (Job 22:4 or אֶת (Ps 143:2).

4. A case of litigation (i.e. a specific cause brought to the magistrate). Solomon, e.g., asked God for understanding that he might “hear מִשְׁפָּט “-a case brought before him (1 Kgs 3:11, ASV marg.) If this case be disallowed (RSV) then Job’s מִשְׁפָּט עָרַכְתִּי (“I have set in order [my] case” Job 13:18) seems unassailable. See also 1 Kgs 8:59. This usage parallels the noun רִיב .

5. A sentence or decision issuing from a magistrate’s court. This is very common. In such cases the prevalent “judgment” as rendering is entirely correct (1 Kgs 20:40). In Jer 26:11, 16 “worthy of death” renders מָוֶת מִשְׁפָּט, in each case clearly meaning, a sentence of death.

6. The time of judgment. A clear case is Ps 1:5; Eccl 12:14, “God will bring every work into מִשְׁפָּט ” is close to presenting the same.

BDB assert that “execution of judgment” in general is the meaning in a group including the preceeding instance. The cases cited, however, seem better classified in relation to the idea or attribute of justice.

All the above are examples mainly of מִשְׁפָּט in the judicial side of government.

There now follows a use closely parallel to what men now think of as authority.

7. Sovereignty, the legal foundation of government in the sense of ultimate authority or right. Men today are accustomed to finding this in constitutions and the nature of man (“natural rights”) but in the Hebrew Scriptures (a) all authority is God’s and it is this authority which is denominated מִשְׁפָּט . “The מִשְׁפָּט is God’s” (Deut 1:17); “The lot is cast into the lap; but the whole מִשְׁפָּט thereof is of the Lord” (Prov 16:33). Individual men, as created by God, have inalienable מִשְׁפָּטִים (“rights”). (See R. D. Culver, Toward a Biblical View of Civil Government, 1974). (b) The magistrate’s מִשְׁפָּט is conferred by God as best shown by the reference to King Messiah’s magisterial authority (Ps 72:1-2). Of course the doctrine of providence is basic to this idea (103:19; cf. Rom 13:1ff.). This universal reign and rule of God seems to be the idea conveyed by מִשְׁפָּט in Jer 8:7, “My people do not know the law [ מִשְׁפָּט ] of God.”

There are also uses involving the legislative side of government.

8. The attribute of justice in all correct personal civil administration is emphasized.

(a) This justice is primarily an attribute of God, all true מִשְׁפָּט finding its source in God himself and therefore carrying with it his demand. “When therefore the Scripture speaks of the מִשְׁפָּט of God, as it frequently does, the word has a particular shade of meaning and that is not so much just statutes of God as the just claims of God. God, who is the Lord, can demand and He does demand” (Koehier, OT Theology, pp. 205-206). All the right justice, authority, etc.) there is his, “because Jehovah is the God of justice” this sense (Ps 37:28). Ps 36:6 [H 7] in ketîb reads, “Thy מִשְׁפָּט (singular) is a great abyss.” (b) מִשְׁפָּט, as justice, i.e. rightness rooted in God’s character, ought to be an attribute of man in general and of judicial process among them (106:37). Wise men speak it (37:30) and think it (Prov 12:5) and God requires it of them (Mic 6:8). The righteous enjoy it (Prov 21:15) and righteous magistrates employ it in judgment (Mic 3:1; cf. Prov 29:4).

9. מִשְׁפָּט also designates an ordinance of law-often used co-ordinately with חֹק “ordinance” (Ex 15:25) and תּוֹרָה “law” (Isa 42:4). The Pentateuchal ordinances are מִשְׁפָּט (Lev 5:10; 9:16, et al.), in fact the individual ordinances of Mosaic law are מִשְׁפָּט (Deut 33:10, 21; 16 times in Ps 119).

10. A plan (Ex 26:30) or 11. custom (2 Kgs 17:33) or even 12. a fitting measure taken (1 Kgs 5:8) seem to come under the scope of this word, though they are extended meanings, hardly standard.

13. One’s right under law, human or divine, is denominated מִשְׁפָּט (Deut 18:3; Jer 32:7).

Frequently associated with צֶדֶק and צְדָקָה in OT descriptions of God’s reign and ways with his creatures, this idea lies at the very heart of a true understanding of the Biblical world-and-life view.

Note: The breastplate worn by the high priest is called a “breastplate of judgment” (Ex 28:15, 29-30), not from any alleged revelation given by the stones Urim and Thummim but because the breastplate covered Aaron’s heart and “they shall be upon Aaron’s heart when he goeth in before the Lord and Aaron shall bear the judgment (מִשְׁפָּט) of the children of Israel upon his heart before the Lord continually. What Aaron was concerned with before God was Israel’s justification, i.e. judicial sentence (see above) of guiltiness. Thus “in prophetic vision as in actual oriental life, the sentence of justification was often expressed by the nature of the robe worn…. Isa 61:10 is a good illustration of this.” Also see 62:3; Rev 3:5; 7:9; 19:14; Est 6:8-9, 12 (A. C. Hervey, Smith’s Dictionary of the Bible, Hackett ed., II, pp. 1066-67). Bibliography:

McKenzie, Donald A., “The Judge of Israel,” VT 17:118-21. THAT, II, pp. 999-1009.

R.D.C.

• The bold emphases are added by this writer.
• We have this tendency to ingest the idea of “judgment” instead of the idea of “justice.” Justice includes an attribute of God, which is mercy/compassion. It is not black-and-white. Where would Creation be without color? If someone says “use your own judgment,” what standard are you using? Remember God’s standard includes compassion.

The passage below seems to indicate that, in David’s understanding, משפט in the hands of the LORD is different from משפט in the hands of man. It is troublesome to this writer that BDB uses only the concept of judgment, thus all places where I have done “more literal per BDB” indicate “judgment.” MANY times, it should really be “justice.” This was strongly pointed out to this writer in discussions in my life of a small group of people that later became known as Common Ground Community.

⦁ 2 Samuel 24:10-25   (ESV  The LORD’S Judgment of David’s Sin)

10 But David’s heart struck him after he had numbered the people. And David said to the LORD, “I have sinned greatly in what I have done. But now, O LORD, please take away the iniquity of your servant, for I have done very foolishly.” 11 And when David arose in the morning, the word of the LORD came to the prophet Gad, David’s seer, saying, 12 “Go and say to David, ‘Thus says the LORD, Three things I offer you. Choose one of them, that I may do it to you.’” 13 So Gad came to David and told him, and said to him, “Shall three years of famine come to you in your land? Or will you flee three months before your foes while they pursue you? Or shall there be three days’ pestilence in your land? Now consider, and decide what answer I shall return to him who sent me.” 14 Then David said to Gad, “I am in great distress. Let us fall into the hand of the LORD, for his mercy is great; but let me not fall into the hand of man.”

15 So the LORD sent a pestilence on Israel from the morning until the appointed time. And there died of the people from Dan to Beersheba 70,000 men. 16 And when the angel stretched out his hand toward Jerusalem to destroy it, the LORD relented from the calamity and said to the angel who was working destruction among the people, “It is enough; now stay your hand.” And the angel of the LORD was by the threshing floor of Araunah the Jebusite. 17 Then David spoke to the LORD when he saw the angel who was striking the people, and said, “Behold, I have sinned, and I have done wickedly. But these sheep, what have they done? Please let your hand be against me and against my father’s house.”

18 And Gad came that day to David and said to him, “Go up, raise an altar to the LORD on the threshing floor of Araunah the Jebusite.” 19 So David went up at Gad’s word, as the LORD commanded. 20 And when Araunah looked down, he saw the king and his servants coming on toward him. And Araunah went out and paid homage to the king with his face to the ground. 21 And Araunah said, “Why has my lord the king come to his servant?” David said, “To buy the threshing floor from you, in order to build an altar to the LORD, that the plague may be averted from the people.” 22 Then Araunah said to David, “Let my lord the king take and offer up what seems good to him. Here are the oxen for the burnt offering and the threshing sledges and the yokes of the oxen for the wood. 23 All this, O king, Araunah gives to the king.” And Araunah said to the king, “May the LORD your God accept you.” 24 But the king said to Araunah, “No, but I will buy it from you for a price. I will not offer burnt offerings to the LORD my God that cost me nothing.” So David bought the threshing floor and the oxen for fifty shekels of silver. 25 And David built there an altar to the LORD and offered burnt offerings and peace offerings. So the LORD responded to the plea for the land, and the plague was averted from Israel.

Below is the passage known in Judaism as the Thirteen Attributes of God. If one looks at the meaning of the spectrum/continuum of the group משפט, there is a “sense” along this continuum/spectrum of constraint to freedom. And recall discussion by Yeshua/Jesus of “setting captives free.” We can be captive in many ways, not simply behind literal iron bars.

⦁ Genesis 2:19

19 Now out of the ground the LORD God had formed every beast of the field and every bird of the heavens and brought them to the man to see what he would call them. And whatever the man called every living creature, that was its name.

• Let’s give now the gift of some time, time to ponder what is shared here…

Ⓒ Copyright Philip E. Gates; LogAndSpeck.com, February 2026. Please cite if you use this material.