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
We cannot suppose the Book of the Covenant preserved in its original
state. Even if we suppose it was promulgated solely to decide those
cases on which conflicting usage was causing disturbance, say between
nomad Israelites settling down and the long settled Canaanite town
dwellers; no one can be prepared to claim that it is complete. There
must have been more of it. What we have now preserved may have been cut
down to present limits for various reasons. It may be that later
legislation superseded some of its regulations which later writers would
thus think not worth recording. If the Code had been embodied in a
document, that source may have become fragmentary in some way by the
time the compiler of Exodus rescued it from oblivion. A careful perusal
of the laws of Moses as arranged in their strata, by PROFESSOR KENT for
example, will show that Hebrew writers had no hesitation in repeating
earlier legislation. Hence we cannot argue that no more was preserved
solely because it was embodied in later legislation.
Nor can we feel sure that no additions have been made to it. Some
clauses seem to be very incongruous in their present context. This
phenomenon, however, is not entirely absent from the Code of Hammurabi,
which certainly has not been interpolated. But we must start on the Book
of the Covenant, as critics have rescued it from its surroundings and
set it down for us.
At once an external feature strikes us. In the Book of the Covenant many
have discerned a systematic arrangement of the laws in pentads or
decads. The Ten Commandments at once occur to one’s mind as a parallel.
What is the significance of this partiality for five and ten? We are
expressly told that the Ten Commandments were on two tables. We should
not be surprised had there been seven. Some will think the human
equipment of five fingers led to the adoption of five as a convenient
method of remembrance. In some such way five or ten may have conveyed
the idea of numerical completeness. Unfortunately the division of the
laws made by PROFESSOR V. SCHEIL in his _editio princeps_ of the Code is
both arbitrary and inaccurate. No one has yet ventured to revise the
numbering of the sections into which he divided the text of the Code;
though several scholars have pointed out the inconsistencies. The
lecturer, however, was struck by the fact that a more natural division
at once shows an arrangement in _pentads_; and lately PROFESSOR D. G.
LYON has worked out this idea, as can be most conveniently followed in
the rendering of the Code given by PROFESSOR R. W. ROGERS in his
_Cuneiform Parallels to the Old Testament_. Such an attempt will be
resented by some as a purely subjective attempt to work up a likeness to
the Mosaic laws and disputed accordingly. But the lecturer was led to it
in the beginning solely by the fact that SCHEIL’s division did not agree
with that made by the Babylonian scribes in the fragments of their
copies which have survived.
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