4 tn Heb “Really [in] silence, what is right do you speak?” The Hebrew noun אֵלֶם (’elem, “silence”) makes little, if any, sense in this context. Some feel that this is an indictment of the addressees’ failure to promote justice; they are silent when they should make just decisions. The present translation assumes an emendation to אֵלִם (’elim), which in turn is understood as a defectively written form of אֵילִים (’elim, “rulers,” a metaphorical use of אַיִל, ’ayil, “ram”; see Exod 15:15; Ezek 17:13). The rhetorical question is sarcastic, challenging their claim to be just. Elsewhere the collocation of דָּבַר (davar, “speak”) with צֶדֶק (tsedeq, “what is right”) as object means “to speak the truth” (see Ps 52:3; Isa 45:19). Here it refers specifically to declaring what is right in a legal setting, as the next line indicates.
5 tn Heb “the sons of mankind.” The translation assumes the phrase is the object of the verb “to judge.” Some take it as a vocative, “Do you judge fairly, O sons of mankind?” (Cf. NASB; see Ezek 20:4; 22:2; 23:36.)