(1) Woe unto them that decree unrighteous decrees . . .—The division of the chapters is again misleading. Isaiah 10:1-4 continue the discourse of Isaiah 9, and end with the final knell, “For all this . . .” With Isaiah 10:5 a new section begins, and is carried on to Isaiah 12:6, which deals, for the first time in the collection of Isaiah’s writings, exclusively with Assyria, and is followed in its turn by utterances that deal with Babylon and other nations. The formula with which the section opens reminds us of that of Isaiah 5:8; Isaiah 5:11; Isaiah 5:18; Isaiah 5:22, and suggests the thought that the prophet is speaking not only or chiefly of the northern kingdom, as in Isaiah 9:21, but of Israel as including Judah. The evils the prophet denounces are, it will be noted, identical with those in Isaiah 1:23; Isaiah 5:23. For the second clause of the verse, read, “and the scribes who register oppression.” All the formalities of justice were observed punctiliously. The decision of the unjust judge was duly given and recorded, but the outcome of it all was that the poor, the widow, and the fatherless got no redress. The words for “prey” and “rob” are those used in the mysterious name of Isaiah 8:1. They occur again in Isaiah 10:6. It would seem as if the prophet sought in this way to impress the thought of the great law of divine retribution. Men were reaping as they had sown.

And that write ... - Hebrew, 'And to the writers who write violence.' The word translated "grievousness," עמל ‛âmâl, denotes properly "wearisome labor, trouble, oppression, injustice." Here, it evidently refers to the judges who declared oppressive and unjust sentences, and caused them to be recorded. It does not refer to the mere scribes, or recorders of the judicial opinions, but to the judges themselves, who pronounced the sentence, and caused it to be recorded. The manner of making Eastern decrees differs from ours: they are first written, and then the magistrate authenticates them, or annuls them. This, I remember, is the Arab manner, according to D'Arvieux. When an Arab wanted a favor of the emir, the way was to apply to the secretary, who drew up a decree according to the request of the party; if the emir granted the favor, he printed his seal upon it; if not, he returned it torn to the petitioner. Sir John Chardin confirms this account, and applies it, with great propriety, to the illustration of a passage which I never thought of when I read over D'Arvieux. After citing Isaiah 10:1, 'Wo unto them that decree unrighteous decrees, and to the writers that write grievousness,' for so our translators have rendered the latter part of the verse in the margin, much more agreeably than in the body of the version, Sir John goes on, 'The manner of making the royal acts and ordinances hath a relation to this; they are always drawn up according to the request; the first minister, or he whose office it is, writes on the side of it, "according to the king's will," and from thence it is sent to the secretary of state, who draws up the order in form.' - Harmer.

Isa 10:1-4. Fourth strophe.

1. them that decree—namely, unrighteous judges.

write grievousness, &c.—not the scribes, but the magistrates who caused unjust decisions (literally, "injustice" or "grievousness") to be recorded by them (Isa 65:6) [Maurer], (Isa 1:10, 23).The woe of unjust oppressors, Isaiah 10:1-4: of Assyria for their pride and ambition: his folly in it, Isaiah 10:5-19. A remnant of Israel shall be saved, and that speedily, Isaiah 10:20-27. Sennacherib marching toward Jerusalem, Isaiah 10:28-31. His judgment, Isaiah 10:32-34.

Woe unto them that decree unrighteous decrees! unto those magistrates who make unjust laws, and give unjust sentences.

That write; either,

1. The scribes, who were assistant to the magistrates, and ofttimes did promote or execute such decrees; or,

2. The unjust magistrates, whose decrees were usually written. So the same thing is repeated in other words. Only this writing may note their obstinacy or perseverance in their unjust decrees, and their proceeding to the execution of them.

Grievousness; grievous things, such unjust decrees as cause grief and vexation to their subjects.

and that write grievousness which they have prescribed; laws grievous and intolerable being made by them, they wrote them, or ordered them to be written, to be engrossed and promulgated, published them, and obliged the people to be subject to them. This some understand of the scribes of judges, who sat in court, and wrote out the decrees and sentences made by them; but it rather intends the same persons as before; and not ecclesiastical but political governors are meant, and such as lived before the Babylonish captivity; or otherwise the whole is applicable to the Scribes and Pharisees, to the Misnic doctors, the authors of the oral law, the fathers of tradition, whose decisions and decrees were unrighteous and injurious, and contrary to the commands of God; heavy burdens, and grievous to be borne, and very oppressive of the poor, the fatherless, and the widow; for which they are reproved by Christ, Matthew 15:3 Jarchi says it is an Arabic (g) word, which signifies scribes.

(g) So and Scriba, Golius, col. 1999; so the word is used in the Chaldee and Syriac languages. See Castel. col. 1828, 1829.

(a) Who write and pronounce a wicked sentence to oppress the people: meaning, that the wicked magistrate, who were the chief cause of mischief, would be first punished.