The Expositor's Bible: The Book of DeuteronomyHarper, Andrew
Religion
The Expositor's Bible: The Book of Deuteronomy
Harper, Andrew
Bible. Deuteronomy -- Commentaries
[109] Cf. Doughty, _Arabia Deserta_, vol. i., p. 249.
But a change would doubtless be wrought whenever the appointment
of a king took place. Then national law would appear, in embryo at
least; and at first, until custom had grown up in this region also,
it would largely be an expression of the will of the king, and of
the royal officers instructed and trained by the king. But it would
have free and unchallenged course only when it claimed authority
in matters lying outside of the family and tribal jurisdictions.
Wherever it attempted to interfere with tribal or family rights,
danger to the kingship of the most acute kind would be sure to
arise. In all probability, it was disregard of this axiomatic truth
which made Solomon's reign so burdensome to the people and tore
the kingdom asunder under Rehoboam. Ahab too fell a victim to his
disregard of it. Lastly, the introduction of elaborate written codes
of law would, if it came as the crown of such a development, depose
custom from its supremacy, though it would not abolish it; and would
substitute for it as the main element in all judicial matters the
written prescription, which is the necessary presupposition of a
fully organised judiciary of the modern type, with a regulated and
definite power of appeal.
But in the case of ancient Israel there is a distinguishing element
which has to be fitted into this ordinary scheme of progression,
and that is the Divine revelation to Moses. Taken up at the
tribal stage by the Mosaic revelation, the Israelite tribes were
touched and welded into coherence, if not quite as a nation, at
least as the people of Yahweh, so that during all the distracting
days of the Judges they kept up in essentials their social and
religious unity.[110] And with the religious union there must have
come administrative uniformity to some considerable extent. The
jurisdiction of the heads of households, of heads of families, and
of the tribal elders would be as little interfered with as possible;
but, as we have seen, all customs and rights had to be reviewed from
the point of view of the new religion, and appeal to Moses as the
prophet of it must have often been unavoidable. Just as his first
followers were continually coming to Mohammed, to ask whether this
or that ancient custom could be followed by professors of Islam, so
there must have been constant appeals to Moses. So long as he lived,
therefore, he, and after him Joshua and Moses' fellow-tribesmen
the sons of Levi, as being specially zealous for the religion of
Yahweh, must have been constantly called in to assist the customary
judges; and so the habit of appeal must have grown in Israel long
before there was any king. Thus also a common standard of judgment
would be established. That standard must necessarily have been the
law of Yahweh, _i.e._ the new Yahwistic principles and all that
might _prima facie_ be deduced from them, together with so much
of custom and tradition as had been accepted as compatible with
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