belief in the divine origin of the law. In the primitive laws of Exodus
xxi.-xxiii., in connection with a case of disputed responsibility for
injury to property, the command is given: _the cause of both parties
shall come before God; he whom God shall condemn shall pay double to his
neighbor_ (xxii. 8, 9). In ancient times all cases of dispute were thus
laid before God and decided by the lot or by God's representatives,
usually the priests. When, in time, customs and oral laws grew up on the
basis of these decisions, a similar divine origin and authority were
naturally attributed to them. Individually and collectively they
were designated by the same suggestive term, _torah_. When they were
ultimately committed to writing, the legal literature bore this title.
In the Hebrew text it still remains as the designation of the first
group of Old Testament books which contain the bulk of Israel's laws.
[Sidenote: _Its ultimate basis in fact_]
A belief in the divine origin of law was held by most ancient peoples.
In connection with the tablet which records the laws of Hammurabi, we
have a picture of Shamash the sun-god giving the laws to the king. In
the epilogue to these laws he states that by the command of Shamash, the
judge supreme of heaven and earth, he has set them up that judgment may
shine in the land. The statements in the Old Testament that Jehovah
talked face to face with Moses or wrote the ten words with his finger on
tablets of stone reflect the primitive belief which pictured God as a
man with hands and voice and physical body; still they are the early
concrete statement of a vital, eternal truth. Not on perishable stone,
but in the minds of the ancient judges, and in the developing ethical
consciousness of the Israelitish race, he inscribed the principles of
which the laws are the practical expression. If he had not revealed
them, there would have been no progress in the knowledge of justice
and mercy. The thesis of the Old Testament, and of Hammurabi also, is
fundamentally true. The vivid forms in which both expressed that thesis
were admirably fitted to impress it upon the mind of early man.
[Sidenote: _Method in which Hebrew law grew_]
The early Israelitish theory of the origin, of law provided fully for
expansion and development to meet the new and changed conditions of
later periods. Whenever a new question presented itself, it could be
referred to Jehovah's representatives, the priests and prophets; and
their _torah_, or response, would forthwith become the basis for the new
law. Malachi ii. 6,7 clearly defines this significant element in the
growth, of Israel's legal codes: _the torah of truth was in the mouth
of the priest... and the people should seek the torah at his mouth._
Similarly Haggai commands the people to ask a _torah_ from the priests
in regard to a certain question of ceremonial cleanliness (ii, 11).
Until a very late period in Israelitish history, the belief was
universal that Jehovah was ever giving new decisions and laws through
his priests and prophets, and therefore that the law itself was
constantly being expanded and developed. This belief is in perfect
accord with all historical analogies and with the testimony of the Old
Testament histories and laws themselves. Not until the days of the
latest editors did the tendency to project the Old Testament laws back
to the beginning of Israel's history gain the ascendency and leave
its impression upon the Pentateuch. Even then there was no thought of
attributing the literary authorship of all of these laws to Moses. This
was the work of still later Jewish tradition.
[Sidenote: _Moses' relation to Israelitish law_]
The earliest Old Testament narratives indicate clearly the real
historical basis of the familiar later tradition, and vindicate and
help us in the effort to define the title, _Law of Moses_. The early
Ephraimite narratives describe Moses as a prophet rather than as a mere
lawgiver. In Exodus xviii. they give us a vivid picture of his activity
as judge. To him the people came in crowds, with their cases, _to
inquire of God_ (15). In 16, to his father-in-law Jethro, he states:
_whenever they have a matter of dispute they come to me, that I may
decide which of the two is right, and make known the statutes of God and
his decisions (tôrôth)_. Jethro then advises him to appoint reliable
men, gifted with a high sense of justice, to decide minor cases,
while he reserves for himself the difficult questions involving new
principles. The origin and theory of Israel's early laws are vividly
presented in Jethro's words to Moses in verses 19, 20: _You be the
people's advocate with God, and bring the cases to God, and you make
known to them the statutes and the decisions, and show them the way
wherein they must walk, and the work that they must do._
[Sidenote: _Historical basis of the tradition of Mosaic authorship_]
It appears from these and other passages that Moses' traditional title
as the father of Israelitish legislation is well established. As a
prophet, he proclaimed certain fundamental principles that became the
basis of all later codes. As a judge, he rendered decisions that soon
grew into customary laws. As a leader and organizer, he laid the
foundations of the later political and institutional growth of the
nation. Furthermore, it is probable that he taught the people certain
simple commands which became the nucleus of all later legislation.
Naturally and properly, as oral laws subsequently grew up and were
finally committed to writing, they were attributed to him. Later, when
these laws were collected and codified, they were still designated
as _Mosaic_, even, though the authors of these codes added many
contemporary enactments to the earlier laws. Thus the traditions, as
well as the theory, of Israelitish law fortunately raised no barrier
against its normal growth. It was not until the late Jewish period, when
the tradition became rigid and unnatural, that the rabbis, in order to
establish the authority of contemporary laws, were forced to resort to
the grotesque legal fictions which appear in the Talmud.
[Sidenote: _Evidences that the earliest laws were oral_]
The earliest Hebrew laws, like the traditions, were apparently long
transmitted in oral form. The simple life of the desert and early Canaan
required no written records. Custom and memory preserved all the laws
that were needed. Also, as we have seen, before the Hebrews came into
contact with the Canaanites and Phoenicians, they do not seem to have
developed the literary art. Instead, they cast their important commands
and laws into the form of pentads and decalogues. The practical aim
seems to have been to aid the memory by associating a brief law with
each finger of the two hands. The system was both simple and effective.
It also points clearly to a period of oral rather than written
transmission.
[Sidenote: _The earliest Hebrew laws_]
The nucleus of all Israelitish law appears to have been a simple
decalogue, which gave the terms of the original covenant between
Jehovah and his people, and definitely stated the obligations they must
discharge if they would retain his favor. The oldest version of this
decalogue is now embedded in the early Judean narrative of Exodus xxxiv.
There is considerable evidence, however, that it once stood immediately
after the Judean account of Jehovah's revelation of himself at Sinai,
and was transposed to its present position in order to give place
for the later and nobler prophetic decalogue of Exodus xx. 1-17. Its
antiquity and importance are also evidenced by the fact that it has
received many later introductory, explanatory, and hortatory notes.
Exodus xxxiy. 28 preserves the memory that it originally consisted of
simply ten words. The slightly variant version of these original ten
words Is also found in Exodus xx. 23, xxiii. 12, 15, 16, 18, 29, 30.
Furthermore, it probably once occupied a central position in the
corresponding Northern Israelltish account of the covenant at Sinai.
[Sidenote: _The oldest decalogue_]
With the aid of these two different versions, that of the North and
that of the South, it is possible to restore approximately the common
original:
I. Thou shalt worship no other God.
II. Thou shalt make no molten gods,
III. Thou shalt observe the feast of unleaven bread.
IV. Every first-born is mine.
V. Six days shalt thou toil, but on the seventh thou shalt rest.
VI. Thou shalt observe the feast of weeks and ingathering at the end of
the year,
VII. Thou shalt not offer the blood of my sacrifice with leaven. VIII.
The fat of my feast shall not be left until morning.
IX. The best of the first-fruits of thy land shalt thou bring to the
house of Jehovah.
X. Thou shalt not seethe a kid in its mother's milk.
[Sidenote: _Its date_]
These laws bear on their face the evidence of their primitive date and
origin. They define religion not in the terms of life, as does the
familiar prophetic decalogue of Exodus xx., but, like the old Babylonian
religion, in the terms of the ritual. Loyalty to Jehovah, as the God of
the nation, and fidelity to the demands of the cult is their watchword.
Their antiquity and the central position they occupy in Old Testament
legislation are shown further by the fact that all of them are again
quoted in other codes, and most of them four or five times in the Old
Testament. Three of them apply to agricultural life; but agriculture is
not entirely unknown to the nomadic life of the wilderness. Possibly
in their present form certain of these commands have been adapted to
conditions in Canaan, but the majority reflect the earliest stages in
Hebrew history. In all probability the decalogue in its original form
came from Moses, as the earliest traditions assert, although comparative
Semitic religion demonstrates that many of the institutions here
reflected long antedated the days of the great leader.
[Sidenote: _The_ Judgements _of Exodus xxi., xxii_]
Although in part contemporary, the next stage in the development
of Israelitish law is represented by the civil, social, and humane
decalogues in Exodus xx. 28 to xxiii. 19. The best preserved group is
found in xxi.1 to xxii.20, and bears the title _Judgments_, which recalls
Hammurabi's title to his code, The _Judgments_ of Righteousness. Like
this great Babylonian code, the Hebrew _Judgments_ deal with civil and
social cases, and are usually introduced by the formula, _If so and so_,
followed by the penalty or decision to be rendered. They are evidently
intended primarily for the guidance of judges. The parallels with the
code of Hammurabi are many, both in theme, form, and penalty, although
there is no conclusive evidence that the Hebrew borrowed directly
from the older Babylonian. Undoubtedly many of the striking points of
resemblance are due simply to common Semitic ideas and institutions and
to the recurrence of similar questions. But on the whole, the Hebrew
laws place a higher estimate on life and less on property. They reflect
also a simpler type of civilization than the Babylonian.
[Sidenote: _Their arrangement and contents_]
When three or four obviously later additions have been removed, the
_Judgments_ are found to consist of five decalogues, each divided
into two pentads which deal with different phases of the same general
subject. They are as follows:
_First Decalogue: The Rights of Slaves._
First Pentad: Males, Ex. xxi. 2,3a, 3b, 4,5-6. Second Pentad: Females,
xxi. 7, 8, 9,10, 11.
_Second Decalogue: Assaults._
First Pentad: Capital Offences, xxi. 12, 13,14, 15, 16.
Second Pentad: Minor Offences, xxi. 18-19, 20, 21, 26, 27.
_Third Decalogue: Laws regarding Domestic Animals._
First Pentad: Injuries by Animals, xxi. 28, 29, 30, 31, 32.
Second Pentad: Injuries to Animals, xxi. 33-34, 35, 36; xxii. 1,4.
_Fourth Decalogue: Responsibility for Property._
First Pentad: In General, xxii. 5, 6, 7, 8, 9.
Second Pentad: In Cattle, xxii. 10-11, 13, 14, l5a, I5b.
_Fifth Decalogue: Social Purity._
First Pentad: Adultery, Deut. xxii. 13-19, 20-21, 22, 23-24, 25-27.
Second Pentad: Fornication and Apostasy, Ex. xxii. 16, 17, 18, 19, 20.
[Sidenote: _Their date_]
Many of these laws anticipate the settled agricultural conditions of
Palestine. Society, however, is very simple. The decalogue and peatad
form also points clearly to an early period, when the laws were
transmitted orally. Many of the laws probably came from the days of the
wilderness wandering, and therefore go back to the age of Moses, in some
cases much earlier, as is shown by close analogies with the code of
Hammurabi. Although in their present written form these oral _Judgments_
bear the marks of the Northern Israelitish prophetic writers who have
preserved them, the majority, if not all, may with confidence be
assigned to the days of David and Solomon.
[Sidenote: _The early humane and ceremonial laws_]
The remaining verses of Exodus xx. 23 to xxiii. 19, contain, groups of
humane and ceremonial laws. In the process of transmission they have
been somewhat disarranged, but, with the aid of the fuller duplicate
versions in Deuteronomy, four complete decalogues can be restored and
part of a fifth. The following analysis will suggest their general
character and contents:
HUMANE AND CEREMONIAL LAWS
_First Decalogue: Kindness._
First Pentad: Towards Men, Ex. xxii. 2la, 22-23, 25a, 25b, 26-27.
Second Pentad; Towards Animals, Ex, xxiii. 4 [Deut. xxii. 1], Deut.
xxii. 2, 3; Ex. xxiii. 5
[Deut. xxii. 4], Deut. xxii. 6-7.
_Second Decalogue: Justice_.
First Pentad: Among Equals, Ex. xxiii. 1a, 1b, 2a, 2b, 3.
Second Pentad: On the Part of those in Authority, xxiii, 6, 7a, 7b, 7c,
8.
_Third Decalogue: Duties to God._
First Pentad: Worship, Ex. xx. 23a, 23b, 24, 25, 26.
Second Pentad: Loyalty, Ex. xxii. 28, 29a, 29b, 30, 31.
_Fourth Decalogue: Sacred Seasons._
First Pentad: Command to Observe them, xxiii. 10-11, 12, l5a, 16a, 16b.
Second Pentad: Method of Observing them, xxiii, 17, 18a, 18b, 19a, 19b.
[Sidenote: _Period represented by the primitive codes_]
Here the primitive ceremonial decalogue has been expanded into the third
and fourth group given above. Like the _Judgments_, these decalogues
bear testimony to their northern origin, and probably they also have
had much the same history, although their relation to the primitive
decalogue and the fact that they are prefixed and added to the solid
group of _Judgments_, would seem to indicate that they were somewhat
later. These two collections, together with their older prototype, the
ancient decalogue, represent the growth of Israel's laws during the
four centuries beginning with Moses and extending to about 800 B. C. To
distinguish them from later collections they may be designated as the
_Primitive Codes_.
[Sidenote: _The need for new laws_]
The eighth and seventh centuries before Christ which brought to the
Hebrews great crises and revolutionary changes in both their political
and religious life, witnessed the epoch-making work of Amos, Hosea,
Isaiah, and Micah. This remarkable group of prophets proclaimed so many
new principles that a fundamental revision and expansion of Israel's
primitive codes became necessary in order to adapt the latter to the new
needs of the age. The reactionary reign of Manasseh had also brought out
plainly the contrast between the older heathen cults, still cherished
by the people, and the exalted ideals of the true prophets. If the
prophetic teachings were to become operative in the life of the
nation, it was also seen that they must be expressed in concrete legal
enactments, which could be universally understood and definitely
enforced.
[Sidenote: _Application of prophetic principles in the life of the
people_]
Accordingly, a group of prophets, disciples of the older masters,
and inspired by the spirit of reform, devoted themselves to this
all-important task. The results of their work are represented by the
prophetic law-book of Deuteronomy. Through its pages glow the new
ethical teachings of the prophets of the Assyrian period. The elements
of Hosea's doctrine, love to God and love to men and kindness to the
needy and oppressed, in their new setting and application, make it one
of the evangels of the Old Testament. Its lofty standards of justice
and social responsibility reflect the impassioned addresses of Amos
and Hosea. Since the new laws, as a whole, represented the practical
application of the messages of the prophets to life, they were justly
and appropriately placed in the mouth of Moses, the real and traditional
head of the nation and of the prophetic order.
[Sidenote: _Relation to the older laws_]
A comparison of this prophetic law-book with the older primitive laws
shows that the latter were made the basis of the new codes, since most
of them, in revised form, are also found in Deuteronomy. The prophetic
lawmakers, however, in the same spirit that actuated Jesus in his
attitude toward the ancient law, freely modified, supplemented, and in
some cases substituted for the primitive enactments, laws that more
perfectly embodied the later revelation.
[Sidenote: _Promulgation and date of the prophetic codes_]
The nature of the reforms instituted by Josiah, according to II Kings
xxii., clearly prove that the laws which inspired them were those of
Deuteronomy, and that this was the law-book discovered in the temple by
Hilkiah the priest and publicly read and promulgated by the king in 621
B.C. Originally it was probably prepared by the prophetic reformers as a
basis for their work; but it incorporates not only most of the primitive
codes, but also many other ancient laws and groups of laws, some
doubtless coming from the earliest periods of Israel's history. It also
appears to have been further supplemented after the reformation of
Josiah. In general it represents the second great stage in Old Testament
law, as it rapidly developed between 800 and 600 B.C. under the
inspiring preaching of the remarkable prophets of the Assyrian period.
[Sidenote: _Their historical and permanent value_]
These laws represent, in many ways, the high-water mark of Old Testament
legislation. Every effort is made to eliminate that which experience had
proved to be imperfect in the older laws and customs. The chief aim
is to protect the rights of the wronged and dependent. The appeal
throughout is not to the fear of punishment--in a large number of laws
no penalty is suggested--but to the individual conscience. Not merely
formal worship is demanded, but a love to God so personal that it
dominates the individual heart and soul and finds expression through
energies completely devoted to his service. These laws required strict
justice, but more than that, mercy and practical charity toward the
weak and needy and afflicted. Even the toiling ox and the helpless
mother-bird and her young are not beyond the kin of these wonderful
laws. Under their benign influence the divine principles of the prophets
began to mould directly the character and life of the Israelitish race.
The man who lives in accord with their spirit and injunctions to-day
finds himself on the straight and narrow way, hallowed by the feet of
the Master.
IX
INFLUENCES THAT GAVE RISE TO THE PRIESTLY LAWS AND HISTORIES
[Sidenote: _Influences in the exile that produced written ceremonial
laws_]
The Babylonian exile gave a great opportunity and incentive to the
further development of written law. While the temple stood, the
ceremonial rites and customs received constant illustration, and were
transmitted directly from father to son in the priestly families. Hence,
there was little need of writing them down. But when most of the priests
were carried captive to Babylonia, as in 597 B.C., and ten years later
the temple was laid in ruins and all sacrifice and ceremonial worship
suddenly ceased, written records at once became indispensable, if the
customs and rules of Israel's ritual were to be preserved. The integrity
and future of the scattered Israelitish race also largely depended upon
keeping alive their distinctive traditions. Torn from their altars,
the exiled priests not only had a strong incentive, but likewise the
leisure, to write. The ritualistic zeal of their Babylonian masters
doubtless further inspired them. The result was, that during the
Babylonian exile and the following century most of the ceremonial laws
in the Old Testament appear to have been first committed to writing.
[Sidenote: _Ezekiel's Code_]
Even Ezekiel, the prophet of the early exile, yielded to the influence
of his early priestly training and the needs of the situation. In 572 he
issued the unique code found in chapters xl.-xlviii. of his prophecy. It
provides for the rebuilding of the temple, and defines the duties of its
different officials and the form of ritual that is to be observed. The
whole is intended primarily to emphasize, through the arrangement of the
sanctuary and the forms of the ceremonial, the transcendent holiness of
Jehovah. Ezekiel also proclaims, through this elaborate program for the
restored community, the certainty that the exiles would be allowed to
return and rebuild the temple. He evidently reproduces many of the
proportions and regulations of the first temple, but, with the same
freedom that characterizes the authors of the Deuteronomic codes, he
unhesitatingly sets aside earlier usages where something better has been
revealed.
[Sidenote: _Genesis and character of the Holiness Code_]
Ezekiel's code was never fully adopted by the later Jews, for much of
it was symbolic rather than practical; but it powerfully influenced
subsequent lawmakers, and was indicative of the dominant tendency of
the day. Even before he issued his code, some like-minded priest had
collected and arranged an important group of laws, which appear to
have been familiar to Ezekiel himself. They are found in Leviticus
xvii.-xxvi., and have felicitously been designated as the _Holiness
Code_, because they constantly emphasize the holiness of Jehovah and the
necessity of the people's being holy in thought and act. In chapters
xvii.-xix. most of the original laws are still arranged in the decalogue
and pentad form. This strong evidence that they had been transmitted by
word of mouth from a much earlier period is supported by their contents.
They resemble and supplement the primitive laws of Exodus xx. 23
to xxiii. 19. Many of them probably came from the early periods of
Israelitish history. Most of the laws, like those of the prophetic codes
in Deuteronomy, are ethical and humane rather than ceremonial. The
code, as a whole, is a remarkable combination of prophetic and priestly
teaching. It marks the transition from the age of the prophets,
represented by Deuteronomy, to that of the priests and ritual,
represented by the priestly codes proper. Like every important early
collection of laws, It also has been much supplemented by later editors;
the original Holiness Code, however, may be given a date soon after the
first captivity in 597 B.C.
[Sidenote: _The priestly codes_]