LECTURE III

In the first and second lectures we have dwelt upon the external

features of the two codes of law to be compared, and pointed out some

things remarkably similar. We have now to consider the various theories

which have been propounded to account for them. The progress of the

discussion has shown that the higher critics are as eager as the

orthodox Jewish or Christian writers to repel the oft-repeated

assertions of dependence.

There are obviously many ways of treating the resemblances and

accounting for the differences, and some of them may, and probably will,

long be held which do not attempt to take account of more than a

selection of the facts. That theory will surely be finally accepted

which takes account of all the facts. Hasty dogmatism only succeeds in

imposing on the credulous public and provokes the resentment of those

whose judgement is alone worth considering. I should esteem it then a

real misfortune if anything I might say should lead any one to form a

conclusion based solely on what he considers to be my opinion. Therefore

I expressly warn you that I have not given you my opinion, nor do I

intend to do so. I desire solely to make you aware of the facts, and

invite you to form your own opinion.

Now the first thing to deal with is the general similarity of the Code

to the Book of the Covenant, considered as our best witness to the

primitive Hebrew law. It has been calculated that out of forty-five, or

possibly fifty-five judgements preserved in this old Hebrew law,

thirty-five have points of contact with the Hammurabi Code, and quite

half are parallel. Of course, there are also marked differences to be

accounted for. The Hebrew law appears to have legislated for a small

people, among whom human life was precious and property scanty. The

Babylonian law protects property with far severer penalty, and makes

little account of a criminal’s life. This is appropriate to a nation of

commercial instincts and a wealthy populous state. It recognizes grades

of wealth and position. The theft of an ox is punished by a five-fold

restoration in the Hebrew law, in the Babylonian by thirty times its

value, or in the plebeian’s case by a ten-fold penalty. We may estimate

the difference by saying that in the desert five oxen was about all a

man had, and his family would probably have to help him to pay, and so

the penalty was an effective restraint; while in Babylonia, thirty oxen

were to many men not more costly, and even the commoner was twice as

wealthy as an Israelite. It is, however, more likely that the penalties

were not calculated at all upon an estimate of what they meant to the

criminal, but on an artificial system of the value of numbers. For

example, in Israel, five may have been ideally complete. PROFESSOR D. H.

MÜLLER has most ingeniously worked out the possible significance of the

numbers.

It is not particularly profitable to insist upon the superior humanity

of either code. Impartial judges, acquainted with ancient codes, will

perceive that the balance between the rights of the individual and those

of the State is always very difficult to hold level. Severe penalties

may be due to the determination to suppress crime at any cost. The

desire to save the criminal from the results of his crime is not to be

expected of any early legislator. Only when his life was worth more to

the State than the loss he was likely to cause could the criminal hope

for pardon. As Hammurabi put it, the king might wish to save his

servant’s life.

Points of close agreement are numerous. The treatment of sorcery, the

law of deposit, the punishment of kidnapping, injury to a pregnant

woman, regulations as to shepherds, and a score more may be noted as

very similar. These are given in many books, very conveniently in

PROFESSOR S. R. DRIVER’s _Genesis_ in the _Cambridge Bible for Schools_.

Now on such a view of the general similarities many have expressed the

opinion that the Hebrew laws are a more or less revised adaptation of

the Babylonian law, perhaps as locally already modified in Canaan to

suit the prejudices of the invaders while they were changing their

habits of life and became a settled people. But this view is not vivid

enough for others. There is a certain delight which some feel in

propounding views calculated to shock some one. The cruder view that the

Hebrew lawgiver, call him Moses or some higher critical periphrasis for

the same thing, sat down with a cuneiform copy of the Code before him

and copied out the Babylonian laws with some adaptations, may have been

enunciated with some such amiable wish, but was too crude to disturb any

one. It is barely worth record. The differences between the Codes are

too important for us to adopt it. If he made a copy it was a very bad

copy. Some allowance for the difference in age must also be made. Such a

length of time as five hundred to a thousand years must have been marked

by great changes in Babylonia or in Canaan. The advent of the

Israelites must have introduced new forces into the life of Palestine.

Here we have to weigh carefully our evidence, which points on the whole

to the Israelite contribution being more primitive in type, and in some

degree a return to early conditions which held before the time of

Hammurabi in Babylonia. Dear as these changes were to the later Jewish

mind, they were not what we should call improvements.

But when merely considering such general resemblances, along with such

marked differences, we can readily see that a theory of common origin

will suffice to account for the likenesses; while many subordinate

theories can be put forward to account for the differences. Between the

theories of these differences it must be impossible to decide until we

know more accurately the exact circumstances of the Israelites at, or

soon after, their conquest of Canaan. We may, for example, have to

regard the conquest as extending over a long period and admitting of

many gradations of supremacy in different parts. It is not likely that a

clean sweep was made of the old inhabitants and their customs at any one

epoch or place. We may have to extend this period of conquest down to

the end of the time of the Judges. Parallels are not wanting in the

history of Babylonia. The so-called Amorites had been some centuries in

the land before Hammurabi’s supremacy, even before they appear as

founding a dynasty.

A favourite theory of the resemblances is that they are due to a common

Semitic origin. Let us examine that theory more closely. In support of

it we have to show that the common features are of a Semitic type. This

is more difficult than is generally supposed. When practically the only

pastoral nomads whose customs were at all well known to theologians were

the Arabs and, as usually assumed, the Israelites, many features were

put down as Semitic which are now recognized as rather due to the

exigencies of the nomadic life. The recognition of the Babylonians as a

type of settled Semites led by slow gradations to the admission of other

features as also Semitic, while some things hitherto only known among

Semites have been recognized as the common possession of many unrelated

folk. Gradually, and probably unconsciously, ‘common Semitic origin’ has

become a mere euphemism for ‘Babylonian’. For to what part of the

Semitic world can we look for so advanced a civilization as to be common

both to the Babylonian and Israelite law? It must be at least as

advanced as the things common to those laws and yet not presuppose a

state of society which could not be true of a Semitic people. It would

be interesting if we can find anywhere a clear sketch of what

conceivable state of society the common Semitic origin really implies.

It might then be argued that no such society ever existed. At present

all we can say is that we do not know where to find it. It is really

only a convenient term, like evolution, to conceal our ignorance of

history.

If it could be shown that just those features which are common to the

Hammurabi Code and the Israelite, and therefore presumably existed in

the common Semitic origin, are unlike anything in the Sumerian or

pre-Semitic laws of Babylonia, then the fact of a common Semitic origin

might have to be admitted without our being able to fix upon a locality

for it. In Babylonia a predominance of Semites, at least in the north,

may be dated, perhaps a thousand years before Hammurabi, under Sargon of

Akkad. But while we know of Sumerian Family Laws and have references to

legal reforms under the Sumerian Kings of Babylonia even in pre-Sargonic

times, we have not yet sufficient material from those early days to know

exactly how far Hammurabi’s Code was really an advance upon older

Sumerian law. Slowly but surely we are learning that precisely the same

legal forms were in use, long before Hammurabi, among the Sumerians of

the south. The legal documents of Hammurabi’s age are full of the old

Sumerian words and phrases, used just as dog-Latin or Norman-French was

in our deeds of early English times. We could not claim a common use of

Teutonic translations of Roman law terms in England and Germany, if such

existed, as proof of a common Teutonic origin for the laws. But the

Hammurabi Code is full of Semitic translations of Sumerian terms. This

would be quite fatal to the theory of common Semitic origin but for the

fact that the Sumerians had been conquered so long before by Sargon, and

we cannot yet clearly sift out what may have been due to his Semitic

followers from what may have been imposed on them by the subject

Sumerians. The conquest of Babylonia by Elam may have affected its laws

more than we think. The barbarous Elamite punishments survived in

Babylonia, in Mesopotamia, even in Israel, two thousand years or more.

But one can hardly argue much from that. The early history of Babylonian

law is still very obscure, and we can only state probabilities of more

or less cogency.

The Semitic origin seems afflicted by lack of cogency. One must respect

it for the attachment which certain estimable divines show to it. One

rather wonders whether Noah was a Semite as well as his eldest son, and

whether these laws really go back as early as Shem. Elam had claims to

be a Semite, and an early Semitic kingdom in Elam seems to have been

long predominant there. Was Elam the real common Semitic home both of

Amorites and Israelites? There was a district not far from the border of

Elam over which Kudur-Mabuk, the father of Rîm-Sin, once ruled, and

which was known as the land of the Amorites. Thence the First Dynasty of

Babylon may have come. Whether the ancestors of Abraham in Ur of the

Chaldees were once Amorites or earlier Elamites we cannot yet decide.

But with all these speculations scientific folk show small patience: for

they have another way of solving the problem.

It is most probable that some of the features which Hammurabi’s Code has

in common with the early Hebrew legislation are only slightly modified

from the still earlier codes which date from the time of earlier

Sumerian supremacy in Babylonia. Hence we should remember that a common

Semitic origin may really be only a step towards a reference of both to

an early Babylonian origin. At present we are not likely to find

evidences of early Semitic custom anywhere so early by some thousand

years as in Babylonia; and though we are quite justified in supposing

that Arab customs may be older still, as they certainly are more

primitive, we can never date them with certainty except when we can show

them to arise purely and simply out of local circumstances. Then we may

perhaps affirm that they must always have been the custom in Arabia and

treat them as a witness to early Semitic law. On this side of the

question Mr. S. A. COOK’s work is invaluable.

But the evolutionist or scientific man has a much easier solution. He

has made a comparison of laws among such foreign folk as are wholly

unconnected with Semites or Sumerians. It is found that all men

everywhere do hit upon much the same solution of the same social

problem. We may say that the likenesses we perceive between the Code of

Hammurabi and the Hebrew laws are due to the natural dictates of human

experience. If we take up the laws, one by one, which are common to the

two systems, we can account for almost all the likenesses in this way.

Some very remarkable similarities have been shown by PROFESSOR D. H.

MÜLLER to exist between the Code of Hammurabi and the Twelve Tables of

the Roman Law. PROFESSOR COHN, of Zürich, has pointed out strong

likenesses to the laws of the West Goths. On the other hand, DR. H.

GRIMME has pointed out some very close agreements between the Mosaic

Laws and an ancient Semitic Law of Bogos, which goes back before the

coming of the Amhara into Abyssinia. There are some likenesses even with

the old Indian laws of Manu, and even the laws of the Aztecs have been

compared. We could not expect much assent if we argued for a common

parentage of these widely scattered laws and their descent from the Code

of Hammurabi.

The scientific view is that the common laws are due to common human

experience, which is much the same everywhere. It is closely allied with

the doctrine of evolution as applied to human institutions. If we could

only assume that the nations developed each separately and

independently, without mutual intercourse, it might suffice. But for

ages before the institutions we are considering, both Babylonia and

Palestine had been the meeting-place of many peoples. We cannot tell by

any _a priori_ method which race introduced which custom. All we know is

that an improvement is often readily adopted by people from those with

whom they come in contact, even when not forced upon them by conquest.

But we also know that even superior usefulness or comfort is not always

sufficient to keep a custom alive. We now know that without much

apparent reason even an essential craft may die out. In fact, this

common humanity origin of common customs is very useful, like the theory

of evolution, to account for observed results when we have no knowledge

of what preceded them and can only guess at the previous history. One

can then, without fear of contradiction, assert what we consider most

likely to have led up to them as their antecedents. But these easy

explanations do not absolve us from careful research where history can

be produced to work upon. The evolution of human institutions, if such

be a legitimate expression to use, has many a set-back or reaction, and

we may very well at any time be comparing progress in one history with

reaction in another.

But while the evolutionary theory of human institutions may be appealed

to for satisfying our curiosity when no possible answer can be given by

history, there are things often to be observed which it does not well

account for, and then recourse to it is the reverse of scientific. An

illustration taken from the arts may help to clear our minds on this

point. It may be assumed that all men everywhere may be expected to hit

upon the device of burning clay vessels until they obtain some rude form

of pottery and then develop the potter’s art to some extent. We may call

this evolution. Not only can the making of pots and pans be adduced from

all parts of the globe, but truly astonishing resemblances can be

discovered between pottery from districts so remote that we cannot

believe there can ever have been communication between them. Here an

independent evolution has produced the same results in unconnected

areas. If that were all, the modern science of pottery evidence would be

impossible. We cannot afford time or space even to sketch here the

chief results of the intensive comparative study of pottery, which has

become so powerful a weapon in the hands of the modern archaeologist.

Not only the age of the stratum on which it was found, but even the

nationality of the maker, can frequently be asserted beyond reasonable

question. Every one must be familiar with such statements as that

Mycenaean pottery has been found on some site or other recently examined

in Greece, Asia Minor, or Palestine. We are led to suppose that there is

something distinctive about it which fixes its origin and age quite

unmistakably. Now this is not its special fitness for meeting a want

which could be met no other way, so that every people everywhere must

have produced Mycenaean pottery once they reached the compelling stage

of civilization which demanded it. It is some non-essential feature

which marks its distinction from all other than deliberate imitations of

it. It must be something that appeals to a taste which could only arise

after the thing itself had arisen. The admiration felt for Mycenaean

pottery would lead to a demand for it, and that might lead to imitation

of it, but no conceivable set of circumstances could have led men to

achieve it independently. If this could be conceded, the whole science

built on modern study of pottery comes to an end. The presence of such

pottery in Palestine does not indeed prove that any Mycenaean potter

ever visited the country, but that his wares were brought there, were

valued and in request. Further, the pottery came within fairly definite

limits of time.

Now it is this sort of non-essential, for the most part useless but

approved, characteristic which shows conscious imitation, adoption, or

adaptation, that proves influence, indebtedness, or copying. In this

case instanced, in the absence of all documentary evidence, by its

frequency of occurrence, by its adaptation to local circumstance or

other local appropriateness, we also fix the locality of its origin.

Conclusions of this kind are accepted as legitimate in most modern

researches into prehistoric times.

So if we could fasten upon just such a point in the Code of Hammurabi

which appears so artificial or arbitrary, so purely local in its

character that we cannot imagine it to have independently arisen

elsewhere, we could use it as a test case to decide whether the great

amount of common matter found in that Code and also the Laws of Moses

may be set down as due to common Semitic origin, or to common human

genius faced by similar needs. There is no question as to the relative

age of the codes to be compared; we know definitely which is older and

more original.

Let us then consider a case which, like the need for pottery, might

arise anywhere when men had reached the same stage of civilization. A

man has lent money to another, or its equivalent in goods. The debtor,

as is commonly the case among men, finds himself unable to repay the

loan, for he has consumed the goods and been unable to acquire what will

replace them. His labour is probably of some value; it should be worth

more than his keep; the surplus value, if he can find employment and

wages, should in time enable him to repay the debt. Now in his area

employment may be scarce, wages low; but at any rate he may offer to

work for his creditor. The custom of making such an offer, which differs

little from taking service for wages, except that the wage has already

been prepaid, may arise almost anywhere. It is probably universal

amongst civilized peoples. The creditor soon can count on it as his

right to demand his debtor’s labour to repay the loan. He probably

calculates upon it as his security when he lends, and, if prudent, lends

no more than he can reasonably expect to be repaid in this fashion.

Thus far common human experience and its dictates. As a responsible man

and the head of his family, the debtor, at least among the Semites, had

power over the labour of the other members of his family. There may be

peoples where this power does not exist, if so, the power may be called

a Semitic trait. But in both the Code of Hammurabi and the Book of the

Covenant we have some reason to suppose the debtor would have power to

offer not only his own labour but that of his wife, often the better

worker of the two, or that of a son or daughter, or of a slave, as well

as or instead of his own. Exactly how far his power over the members of

his own household extended may be set down, if we chose, as depending

upon Semitic custom, if we can show that this extent of power is common

to all Semites, at any rate in early times, and is not shared with

non-Semitic folk. The parallels in Roman law do show that it did not

remain exclusively Semitic, unless it be held that the Twelve Tables

were so influenced by Eastern civilization as to have derived this

feature ultimately from a Semitic source. It was probably Sumerian also,

but there we may perhaps derive it from an early Semitic source. At any

rate we do find it common to both Babylonia and Israel, whether they

derived it from a common source or obtained it independently.

Now how long shall the debtor or his hostage serve the creditor to pay

off the debt? The creditor might well say in the case of a slave, who in

practice was often taken as an antichretic pledge for a loan, his labour

being supposed to pay the interest on the loan without affecting the

capital, that he had a right to keep him always. Theoretically this was

true if the loan was about the value of the slave. It would practically

be accepting the slave as a payment of the loan. The value of a slave

was often very little in excess of the cost of keeping him, feeding,

clothing, and housing him. Indeed, he was even an anxiety after he

became adult. The owner usually did wisely in providing him with a

slave-girl for wife and so breeding a family of slaves, who after they

had been kept to adult age might be sold profitably. But even this was a

speculation, and at the best not a very profitable business. The

creditor who accepted the debtors slave as a hostage for debt usually

took the opportunity of a sale to pass him on. A slave-girl had other

uses than her work and was usually more saleable. Hence she was more

likely to be accepted and offered as a hostage.

The Code of Hammurabi here steps in with a remarkable set of

restrictions upon the freedom of action of the debtor and creditor. The

debtor cannot complain if the creditor sells the slave given him as

hostage. But if it is a slave-girl who has borne children to the debtor,

she cannot be sold. She may be pledged or given to work off a debt, but

not alienated by the creditor (§ 118).

If the debtor has handed over wife, son, or daughter as hostage, they

have to be treated as freemen still. They are not to forfeit freedom for

ever. The Code orders their release at the end of three years’ service.

It is a noteworthy interference with the above power of a man over his

family (§ 116), Semitic or not. In such cases as these there is no

account whatever taken of the amount of debt. It is an arbitrary

interference on the part of a lawgiver with commercial principles, or

selfish instinct, in favour of the weak against the strong. It seems

clearly to be an innovation, for though earlier kings had declared

amnesty from debt on special occasions, that was a more primitive

measure of pity and a generous use of other men’s money peculiarly

unfair to the soft-hearted lender. This was a bold, calculated move in

the direction of humane regulation. It had its risks of abuse, and if

Hammurabi had stopped there, he might have done more harm than good. For

he would have left it open to the hard-hearted creditor to try and exact

more work, the utmost farthing in fact, out of his temporary slave.

Accordingly he declared that if the hostage for debt died of blows or

want in the creditor’s house, the creditor should suffer the same family

bereavement as he had brought on the debtor by his cruelty, a regulation

which might lead the creditor’s family to moderate his exactions, or

forfeit the average price of the slave he killed by ill use, and, what

the creditor would feel most keenly of all, lose all further claim on

the debtor.

Now by such regulations Hammurabi set a very effective limit on two

markedly Oriental vices. Men love to gamble by borrowing for present

enjoyment on security of some contingent future wealth. They pledge

crops, land, houses, family with gleeful irresponsibility. But others

are avaricious and only too willing to lend on decent security or even

most speculative future profit. Hammurabi’s Amorites and Babylonians

were by no means above these abuses. He forbade speculation in crops,

&c., and by his regulations on these points put a very stringent

restraint on debt. The debtor’s powers of borrowing were greatly

narrowed. A prudent lender found himself checked by the consideration

that if the debtor did not pay he would never be able to reclaim more

than three years’ average work out of the debtor, his wife, son, or

daughter. He would have a shrewd guess at what these assets were worth.

So the lawgiver cut at the root of much of the misery which his

predecessors tried to redress by their slap-dash amnesty.

We do well to remember that a respectable, pious, poor man in Babylonia

could usually borrow from his local temple without interest, and that by

the Code agricultural loans could not be pressed if the crop failed.

Hence we see that most of the debts which Hammurabi made so difficult

must have been due to improvidence, laziness, or a weak use of the

facility to borrow offered by wealthy, lazy, and avaricious

money-lenders.

The Hebrew legislation on the subject is precisely similar save that the

term is six years. Whether three or six, the term is so absolutely

arbitrary that no possible explanation can be given to account for it.

It equally ignores the amount of debt, the value of the debtor’s work,

and the sacredness of contract. Had both legislations hit upon a three

years’ term, we might have racked our brains to find a reason why in the

world three years should have commended itself to both lawgivers. We

should have been tempted to think that these Semites had some sanctity

about the term which made it appropriate to select. At any rate we

should have wondered what a money-lender in Israel had done to deserve

to get twice as much work for his money as the Babylonian. Some might

even have been tempted to see early evidence of Jewish aptitude for

business. Others would doubtless begin to play with the importance of

the value seven to the Jewish mind. Then one would begin to see the

influence of P. as in the first chapter of Genesis. Unfortunately the

Babylonians of the Hammurabi period had about as much reverence for

seven as for three, and perhaps as much for both as the Israelite in the

Book of the Covenant.

But it is a poor compliment to a lawgiver of any age to suppose that

sacred numbers influenced the nature of his laws. Doubtless the Jubilee

release was economically an advance on sporadic amnesty, but to make a

debtor’s lot twice as hard and a money-lender’s security double,

especially as there is no reason to suppose that in Israel the temple

was the poor man’s bank, all for sake of seven is not a fair charge

against Moses or any lawgiver unless it is absolutely certain. The

change from three to six is not easy to account for on scientific

sociological grounds.

But one of the Hebrew Scriptures does attempt to account for the change,

and evidently regards it as a change to be accounted for. The

Deuteronomic writer argues that the creditor ought not to deem it hard

that he should release his debtor at the end of six years because he had

so served a double term. We may note that as it now stands the text says

‘double the hire of a hireling’. That is purely irrelevant. A slave’s

value was surely less to the holder, not more than that of a hireling,

for his keep had to be subtracted, and his work was hardly likely to be

so valuable as that of a freeman. The profit of a hireling is the excess

of the value of his work above what is paid for it. The hire of a

hireling was surely not just half the value of his own work or of a

slave’s work. Indeed, it is not easy to see what the double of a

hireling’s hire has to do with the question. The writer was right in

saying the term of six years was double something, and there can be no

question that it was double three years, and therefore double the term

fixed by Hammurabi five hundred or more years before. The creditor seems

to have resented letting the debtor go at all, at any rate till he had

worked off all his debt. The writer clearly knew that the creditor had

already obtained twice what he had to expect under other circumstances,

and believed he would admit the fact. It was double the Babylonian

allowance.

Can this undesigned coincidence be accidental? Is either Semitic custom

or human experience competent to explain the significance of the

doubleness being pointed out in this way?

If Canaanite custom before the Exodus had a term of three years’ service

in such cases, the same as the Hammurabi Code, surely that was due to

Babylonian law, unless, as some would maintain, the Amorite dynasty to

which Hammurabi belonged really came from Canaan, in which case

Hammurabi imposed Canaanite law on Babylonia. It was a non-essential,

anyway; it could nowhere have been the outcome of special circumstances

likely to occur again. It was not a creditor’s law, for he obviously

wanted liberty to keep the debtor’s hostage till he had satisfied his

own desires; it was not a debtor’s law, for he would have surely

preferred the three years’ limit. It was a concession to the creditor to

meet that hard-hearted person’s wishes.

It is not the large stock of common matter in the two legislations about

a hostage for debt but the disguised yet undeniable adaptation which

seems so significant.

Let us now consider another somewhat different case. Death by burning is

a horrible punishment, and was so recognized by the later Jewish

lawyers, who contrived a legal fiction to do away with its literal

infliction even on the scandalous criminals for whom it was intended.

Hammurabi orders it twice. It would be very difficult to account by

common Semitic custom or evolutionary methods for its being inflicted,

if at all, only twice. Yet the laws of Moses inflict it twice also. If

these arose independently, what is there from any intelligible point of

view to demand its infliction at all—but, if at all, why twice and only

twice? And that too in laws so similar?

Well now, in both laws the incest of mother and son is one case. The

heinousness of that crime may suffice to justify the hideous penalty.

Hammurabi (§§ 157-8) clearly distinguishes incest with a man’s own

mother and with a step-mother. Leviticus (xx. 14; xxi. 9) makes a

curious specification of the case; whether to include other cases or not

is not very clear. But evidently this great crime met the same unique

punishment.

Hammurabi’s second case is that of a votary, or vestal virgin, who left

her cloister to open a wine shop or frequent it for strong drink. At

first sight we might regard this as a protest against a vestal’s

intemperance solely. But women did keep wine shops, and their conduct of

them is regulated by the Code. We may recall the case of Rahab in Joshua

ii. 1. The second case in Hebrew law is Lev. xxi. 9: the priest’s

daughter who is unchaste is to be burned with fire. Now why are other

women of the priest’s family not included? Is priest’s daughter to be

taken, like the _mârat amêlim_ in the Code, to mean a woman of the

priestly family? Or is it simply a priestess? Surely it is just a

periphrasis, perhaps once a gloss on a word become obsolete, for a vowed

woman like Jephthah’s daughter. There is at first sight not much

likeness between the two second cases. But this one evidently puzzled

the Jewish commentators, who probably had a traditional knowledge of

the real meaning. First Josephus explains the crime not as mere

unchastity but as ‘opening a tavern’. Was he thinking of Rahab the

tavern-keeper who was also a harlot? Or had he an inkling that the crime

was the same as Hammurabi had in view? The association of the tavern

with immorality was close in Old Testament ideas. Perhaps Hammurabi also

had it in mind, for unchastity would be specially revolting in a vestal

virgin. Surely the priest’s daughter also was a votary. The Rabbis of

the Talmud evidently suspected something disguised in the text, for they

make a comment upon it which is truly surprising if the text be taken

literally. They ask, Shall not a priestess or priest’s daughter be

treated better than a tavern-keeper? They too knew that in some cases a

tavern-keeper had to be burned. We ask, Why and where, if she were not

also a vowed woman and in the Hammurabi Code? We need not assume that

either Josephus or they had read or heard of Hammurabi’s Code, or would

have regarded it with anything but detestation if they had. All the more

suggestive is it that these learned men should regard the verse as

meaning just what that Code did mean.

These points are like the meaningless but obviously Egyptian symbols,

often used for decorative purposes on seals, found in Syrian or Hittite

seals, which show the influence of the Nile and are never disputed as

due to copying, though no longer understood and used for decorative

purposes solely.

Some scholars are inclined to attach even more importance to the

singular likenesses in literary form, and above all to the disposition

of both the Code and the Book of the Covenant in groups of five or ten.

It may be remembered in this connexion that according to the author of

the Acts of the Apostles Moses was traditionally learned in all the

learning of the Egyptians. Taking that statement as literally true, we

now know from the Tell-el-Amarna tablets that that learning included the

knowledge of cuneiform at least on the part of some Egyptian scribes

before the Exodus. Philo tells us that Moses was also learned in the

learning of the Assyrians who were correspondents of Egypt in the same

period, of the Babylonians who wrote to the same kings at the same time,

and the Chaldeans, who were then known as an independent kingdom in the

Southern Sea lands of Babylonia. These and similar traditions are

usually dismissed by critics as mere senseless attempts to enhance the

reputation of Moses for wisdom and knowledge, which included that of the

wisest nations of antiquity. But in view of what we have seen already

may there not have been a different reason for these claims? Did not

these learned men, who themselves knew much of that knowledge, recognize

in the Books of Moses many startling parallels to the wisdom of

Babylonia? Was it not the only acceptable way to account for such

parallels to assert boldly that Moses did know these things, but in such

a way that, guided by God, he used them so far as they were in

accordance with Divine revelation; independently indeed as exercising

his own discretion in selecting from them, but dependently in so far as

they had found out already by man’s wisdom or the light of nature that

which was good and of good report?

The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples The Schweich Lectures · 第 7 / 27 题