Interpretation 1: The Hebrew word “elohim” means judges.

Arguments in favour of this view

1.     This interpretation can already be found with John Calvin and is also supported in the annotations with the Dort Bible translation of 1619.

2.     This interpretation goes back to ancient Aramaic, Syriac, and Greek (the Septuagint) translations of the Old Testament of Exodus 21:6; Exodus 22:8–9, and Exodus 22:28 where elohim is also understood as judges.

3.     The context in Exodus 21:1 – 22:31 concerns situations where the functioning of judges is desired—yes, even required: in matters of, for example, a slave who could have been set free but chooses voluntarily to continue his employment; potential practices of embezzlement; and the subjection to all kinds of laws that applied to everyday life.

4.     This interpretation is supported by Psalm 58:1–2 where the addressed “elohim” clearly appear to be judges, considering the rest of this Psalm.

5.     In Psalm 82 the addressed “elohim” cannot be gods. After all, there is only one God, who himself mocks the dead idols of the heathen nations (see Isaiah 44:6–20, Isaiah 46:5–7; Jeremiah 10:1–11).

Arguments against this view:

1.     The primary and most common meaning of “elohim” in the Old Testament, even though it is in the plural, is God. This indicates that this meaning should always be tested first.

2.     In Exodus 21:6 there is no compelling reason to give “elohim” a different meaning. A slave who could become a free person, yet chose to remain in the service of his master, was to be taken to “elohim,” to God, that is, to the sanctuary, there to declare once again, coram Deo, that he was indeed intent on staying with his master. According to Deuteronomy 15:12–18, the next act—the temporary fixing of the slave’s ear to the door or door post—did not take place at the sanctuary as well, but at the house of the master of the slave. The slave is not bound to the sanctuary, but to his master’s house. The repetition of the verb to bring indicates that it refers to two distinct actions.

3.    In Exodus 22:8 and Exodus 22:9, “elohim” can also very well be translated as God. Someone suspected of embezzlement could exonerate himself by taking an oath of purity. Should he swear falsely, he would be cursed (see 1 Kings 8:31–32). To swear such an oath, he had to approach “elohim.” This may very well mean approaching God at the sanctuary. In Psalm 82:8, the Samaritan Pentateuch (the edition of the five books of Moses) therefore reads “Yahweh” instead of elohim.

4.    In Exodus 22:28, judges seems like the best translation as a parallelism with rulers in the same verse. But the translation your God can just as well be defended: all the laws and regulations that Moses presents here to the people were not devised by their judges but come from God. Some might sigh under it and curse God. And therefore, there are also the leaders who monitor compliance with these provisions. Therefore, the warning is: Do not do that!

5.    In Psalm 58:2 the Hebrew language does not use elohim but “elim.” This could be a misspelling of “elohim.” However, it is unnecessary to assume this because “elim,” literally translated, means “rams” (in a flock), and is used more than once in the Old Testament in a metaphorical sense for chiefs and officials (see Exodus 15:15; 2 Kings 24:15; Ezekiel 32:21).

6.    In Psalm 82:1 it is more reasonable to translate elohim not with judges but with gods—this time in the plural. Psalm 82:2–4 seems to indicate that earthly authorities, especially Israelite judges, are addressed. But that explanation fails at Psalm 82:6, where elohim parallels sons of the Most High and where it is said of them: like men you shall die, and fall like any prince. It is difficult to conclude from this anything other than that the elohim themselves are not terrestrial beings. Psalm 82 deals with the contrast between gods (who are believed to be immortal) and humans (who are known to be mortal).

In Psalm 82 the idols of the Gentiles are addressed—yes, they are denounced by the God of Israel. They are told their doom. The poet makes use of the idea among the heathen peoples that their gods are regularly gathered in a meeting of the gods. Such a gathering is a well-known religious motif in ancient Near Eastern literature.

7.       The name for the LORD in Psalm 82 as the Most High also fits very well over against those so-called gods. Several times in the Old Testament the LORD is typified as the God of gods (see e.g., Joshua 22:22, 1 Chronicles 16:25, 2 Chronicles 2:5, Psalm 50:1–23, Psalm 96:4, Psalm 135:5, Psalm 136:2, Daniel 11:36) where we do not think of judges or rulers. In the Old Testament the Lord himself also addresses the gods and idols of the heathen peoples as if they were living opponents (see, e.g., Jeremiah 46:25, Jeremiah 50:2)

Interpretation 2: The Hebrew word “elohim” means (false) gods in Psalm 82:1.

Arguments in favour of this view:

See the arguments against the first interpretation.

The most plausible interpretation:

Interpretation 2