The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples: The Schweich LecturesJohns, C. H. W. (Claude Hermann Walter)
History
The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples: The Schweich Lectures
Johns, C. H. W. (Claude Hermann Walter)
Jewish law; Law -- Iraq -- Babylonia
In my first lecture I tried to set out in brief some of the most
striking features of the Babylonian Code of Laws due to the famous king
Hammurabi, especially such as were likely to be useful for our
comparison with the laws of Israel. We must, however, have a precise
idea of the laws of Israel before we can institute a comparison.
Now this is by no means so easy to obtain as one might expect. It is
indeed true that the laws of the Hebrew peoples, as set out in the
so-called Books of Moses, have been the subject of uninterrupted and
intense study by the Jews themselves for many centuries, and that not
only for their antiquarian interest but as of supreme importance for
religion and morals in the life of to-day. Most of us have heard of the
Rabbinic writings, of the Mishna and Gemara, of the Talmud, and may even
know the names of some of the famous Rabbis, lawyers, and doctors who
have commented upon them. But, I fear, few of us have any clear idea of
the stupendous work which they represent. Perhaps the new Jewish
Encyclopaedia may give us a better idea. Christian scholars, such as the
famous Dr. John Lightfoot, made much use of the treasures of the Jewish
writers, but modern scholars appear to have paid small attention to this
type of learning.
Nevertheless we are sometimes assured that the discussions of the Jewish
Rabbis embody all the most assured results of modern criticism.
Certainly they do contain an amount of material for the elucidation of
the Mosaic laws which is almost bewildering in extent. When the
traditional information and explanation which they furnish are freely
taken into account we shall doubtless be in a far better position to
understand much that is now very obscure. Certain it is that some
scholars who have made a special study of this large traditional body of
interpretation, such as D. H. MÜLLER, NATHAN, and PICK, have been
willing to admit most striking likenesses between the Rabbinic rules and
old Babylonian law. In fact, it seems to be the case that the later
Jewish interpretation of the Mosaic law so closely follows Babylonian
law that it may be regarded as no less a commentary on that legislation.
Our task would soon be at an end if we could be sure that this
traditional view was not strongly influenced by the Jewish exile, but
really represented what the old Jewish law was intended to be. For it
is practically indistinguishable from the Code of Hammurabi except for
the peculiar usages based upon a separate religion and a progressive
interpretation in favour of the criminal due to benevolence and humane
sentiment.
Public-domain text, read in full here on John Shaqi.
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