(1) Congregation.--This rendering comes of a mistaken derivation of the Hebrew word elem, which offers some difficulty. As pointed, it must mean silence (comp. Psalms 56 title, the only other place it occurs); and some, regardless of sense, would render, "do ye truly in silence speak righteousness." Of the many conjectures on the passage, we may choose between reading elim (short for elim = gods), and here, as in Exodus 21:6; Exodus 22:8; Psalm 82:6, applied to the judges) and ulam (with the LXX., Syriac, and Arabic, in the sense of but. To speak righteousness is, of course, to pronounce a just judgment. If we prefer the former of these (with most modern scholars), it is best to take sons of men in the accusative rather than the vocative, do ye judge with equity the sons of men.

Verse 1. - Do ye indeed speak righteousness, O congregation! The rendering of elem (אֵלֶם) by "congregation" is contrary to all analogy, and quite untenable. It must either mean "dumb ones," or be a corruption of elim (אֵלִים) - "mighty ones" (comp. Psalm 29:1). In either case it is an epithet applied to the judges of the people, and not to the congregation. Do ye judge uprightly, O ye sons of men? Both questions are asked in bitter irony, as is clear from the context.

58:1-5 When wrong is done under the form of law, it is worse than any other; especially it is grievous to behold those who profess to be children of God, joining together against any of his people. We should thank the Lord for merciful restraints; we should be more earnest in seeking renewing grace, more watchful over ourselves, and more patient under the effects of fallen nature in others. The corruption of their nature was the root of bitterness. We may see in children the wickedness of the world beginning. They go astray from God and their duty as soon as possibly they can. And how soon will little children tell lies! It is our duty to take pains to teach them, and above all, earnestly to pray for converting grace to make our children new creatures. Though the poison be within, much of it may be kept from breaking forth to injure others. When the Saviour's words are duly regarded, the serpent becomes harmless. But those who refuse to hear heavenly wisdom, must perish miserably, for ever.Do ye indeed speak righteousness, O congregation?.... Of the mighty, as in Psalm 82:1; the judges of the land, who were many, and therefore called a congregation, as it is necessary they should; for, being many, they are not so easily bribed; and besides, one may see that in a cause which another does not. The word signifies a "sheaf" (t); and so it is by some rendered, to which a bench or assembly of judges may be compared; because consisting of many, and a select body, who should unite together in a sentence or decree, and act uprightly, like a sheaf of wheat standing upright; see Genesis 37:7; some think the word has the signification of dumbness, or silence; so Jarchi and R. Moses (u); as "elem" in Psalm 56:1, title, and render it, "do ye indeed speak dumb justice?" or "the dumbness of justice" (w); or are you dumb, or your mouth silent, when ye should speak righteousness? and so the psalmist accuses them for their criminal silence, in not contradicting Saul and his courtiers when they spake against him; and for not advising him to another kind of conduct towards him. All men ought to speak that which is right and truth; but especially judges on the bench, who are to judge the people with just judgment, Deuteronomy 16:18; but here this is doubted of, and called in question; at least their sincerity in giving judgment: yea, it is denied; for this interrogation carries in it a strong denial; and the meaning is, that they did not speak righteousness, or that which was just and right in the cause of David, when before them;

do ye judge uprightly, O ye sons of men? no, they did not; they were unjust judges. The psalmist calls them "the sons of men", as in 1 Samuel 26:19, in distinction from God the Judge of all, and to put them in mind of their frailty and mortality; for though they were gods by office, they were but men, and should die like men, and be accountable to the supreme Judge for all their proceedings in judgment here, Psalm 82:1.

(t) "e manipulo", Tigurine version, Junius & Tremellius, Piscator; "e manipulo justifiae", Cocceius. (u) In Aben Ezra in loc. (w) So Varenius, Reinbech, Michaelis.