The Origin and Permanent Value of the Old TestamentKent, Charles Foster
Religion
The Origin and Permanent Value of the Old Testament
Kent, Charles Foster
Bible. New Testament -- Criticism, interpretation, etc.; Bible. New Testament -- History; Bible. Old Testament -- Introductions
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_]
Public-domain text, read in full here on John Shaqi.
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