The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples: The Schweich Lectures — John Shaqi
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
Very little more need be said than that the Jews, with their wonderful
adaptability to the customs of the land of their adoption which has
always rendered them the best of citizens, readily assimilated all that
was good in Babylonia while preserving also the best things in their own
ancient law and jealously guarding whatever was sacred by its religious
value. Such a course was not only sane and sensible; it affords a proof
of the great hold which Hammurabi’s Code still had in Babylonia at the
time of the Exile and much later; it sets the seal of approval on its
regulations as the judgement of some of the most penetrating intellects
the world has seen, and furnishes a brilliant example of a learned but
not pedantic attitude which we may do well to imitate.
We shall have reason to refer presently to some of the later Jewish
traditions and to appreciate their value.
It is the case that among Christians also the laws of Moses have been
studied with deep interest and increasingly careful scholarship.
Possibly too little attention has been paid by the modern Christian
scholar to ancient tradition. At any rate, the chief part of the
difficulties which we are likely to find in comparing the two
legislations arise from the results of the studies pursued by orthodox
modern Christian, or at any rate non-Jewish, scholars which have been
carried out for the most part without reference to Jewish
susceptibilities or Rabbinic interpretations.
Modern scholarship has succeeded in fixing and separating out of the
Books of Moses a number of different sources or documents. In the case
of the laws these may be regarded as different codes promulgated at very
different dates, or in some cases mere pious wishes for future
observance, ultimately worked up into a loosely combined book written in
the interest of a party of religious zealots whose prominence later led
to the system of thought known to us as Judaism.
We must accept these results, so far as we can get a distinct notion of
them, and refer to the separate codes rather than to a single body of
laws known as those of Moses. No one can venture to dispute these
decisions on pain of being reckoned reactionary and obscurantist. These
scholars hold the seat of authority, and it would be rash presumption to
question their ruling. Nor have I any wish to do this. Yet it may be
hoped that they will pardon a sigh of regret on our part that we are now
unable to compare the Mosaic law as a whole with the Code of Hammurabi.
It would be so much easier for the lecturer, and the indebtedness of
Moses to Hammurabi so much more convincing to you. Sadly as many have
lamented the tearing of the great law-book of Moses into pieces as
rendering it a mere thing of shreds and patches, they may take comfort
that its present condition renders it much harder to recognize the
characteristic texture of the Babylonish garment.
Public-domain text, read in full here on John Shaqi.
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