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
Now the answer to such a question depends upon what we can find
elsewhere in the people’s previous experience in the desert, in Canaan,
or in dim memories of far-off Babylonian days. That is to say, if these
really denoted distinct epochs in their history with distinct
civilizations. For if a law on these points already existed, was
recalled, or observed in force, which proves to be practically the same
as that here adopted, or could be ascertained on inquiry by Hebrew
legislators, then the view that they did not attempt to ascertain it,
nor recalled it, nor observed it, but independently concocted a fresh
law, and in so doing hit upon exactly the same result as they might have
ascertained, recalled, or observed, needs only to be stated to refute
itself. An appeal to inspiration to explain this kind of miracle is only
laughable, and if the best of men professed to so account for any of his
actions in ordinary life, we could only doubt his sanity so long as we
believed his sincerity.
The Code of Hammurabi had existed for five hundred years or more, and it
shows what a settled folk of same racial type under much the same
conditions did achieve on the subject. We must, then, show that the Book
of the Covenant treats things differently, or that its author could not
well be aware of this Code, before we can safely deny that he is
indebted to it. Such reasoning has led many scholars to assert roundly
that the Hebrew legislation is derived directly from the Babylonian. But
for argument’s sake let us start by assuming that the regulations in the
Book of the Covenant are original and devised solely to meet the
circumstances in Canaan at some early period in the Israelite
predominance there, and let us consider these regulations more closely.
The regulations appear to concern a Hebrew slave. The first question we
ask in astonishment is: How came a Hebrew to be a slave? We probably all
know of amazing feats of exegetical dexterity achieved over this
question. The Book of the Covenant, however, only adduces the one case
of a man sold by the judicial authority for a theft which he was unable
to restore (Exodus xxii. 3). The later law in Deuteronomy xv. 12 appears
to add the slave acquired by purchase. Who had then the right to sell
him? If a Babylonian was captured by the enemy and offered for sale as a
slave to his compatriots he had to be ransomed by his own family, his
city, or the state, and was restored to freedom and not enslaved any
longer. Surely a Hebrew would not be worse treated. The law of P.
explains the case more clearly (Leviticus xxv. 39): ‘If thy brother be
waxen poor with thee, and sell himself unto thee.’ We may regard this as
later, but can we deny that the case itself was not supposed all along?
It is most probable that the only way in which a Hebrew could become a
slave in his own land to serve a Hebrew master was in some such fashion,
which is not really slavery at all.
Public-domain text, read in full here on John Shaqi.
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