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
For now, when one fancies he can discern a surprising likeness between
some clause in the Code of Hammurabi and some verse in the Bible, he is
wise to keep his surprise to himself until he has procured and studied
the latest critical subdivision of the laws of Israel and satisfied
himself to which source or sources his verse belongs. Then one has to
ransack other authorities to know whether this ruling is one which is
widely accepted, and even more important, whether it had been
independently reached or was constructed with an eye to the very
likeness to Babylonian law which it dreaded to acknowledge.
Consequently we have to be very careful to-day. We cannot use our
comparisons, even if they should suggest identity, to restore to more
ancient dates the Mosaic items which seem to be most closely in accord
with Hammurabi’s laws. For here tradition itself imports many
difficulties. If we set Moses the lawgiver at his old place in history,
just before the entrance of the Israelites into Canaan, and accept the
traditional synchronism of Abraham and Amraphel, then if we accept the
modern identification of Amraphel with Hammurabi we are landed in this
difficulty: the Hammurabi Code is thus as much older than the Mosaic law
as Abraham is before Moses. On the authority of Moses himself that means
430 years. Now the Babylonians reckoned 650 years from the death of
Hammurabi to the death of Kadashman-Ellil, who was corresponding with
Amenophis King of Egypt while that king was still sovereign of
Palestine, and therefore before Moses. This is the lowest figure yet
suggested based on documentary sources, and gives at least 700 years
between the two codes. How can we reconcile the disparity in dates?
The Higher Critics do not mend matters. They would bring down the date
of the early Mosaic laws much later, necessitating a period of more than
a thousand years between the two codes. It would take hours to argue out
the merits of various systems of chronology, and the truth probably is
that we have not yet recovered reliable data to fix either Babylonian or
Biblical chronology with sufficient accuracy. Babylonian chronology is,
however, in much the better state, and late rulings make the death of
Hammurabi fall somewhere near 1916 B.C. But how we are to reconcile
such a date for Abraham with the Biblical data is a knotty question to
which I can contribute no help to solution.
Public-domain text, read in full here on John Shaqi.
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