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
On these we may remark, first that in Israel the term of six years
imposed by the Book of the Covenant was evidently resented, and has to
be explained as really a double term (Deuteronomy xv. 18). Surely that
indicates a knowledge on the part of the later lawgiver of what was not
generally known in Israel, to wit, that the term had once been three
years. Where and when, we may well ask? Surely not in Israel, or the
creditor would not have so resented a regulation which gave him twice as
much for his money. Nor in his neighbour cities of Canaan, or he would
still have recognized his improved position. It must have been somewhere
at a time now forgotten in a state of things which he would be expected
still to respect. Where else could it be than in Babylonia, the home of
his father Abraham? Would any one have quoted him a law unless it was
one he was likely to respect as eminently just? He may not have known
that law by the name of the Code of Hammurabi, but simply as ‘ancient
law’ so highly revered by Orientals in all ages. ‘Ye have heard that it
was said by them of old time’ was enough.
Here some one may be disposed to raise the objection that the creditor
was not told that the six years was double the term allowed by ancient
law, but simply that it was ‘the double of the hire of a hired servant’.
Now if that does not mean the same thing it has no sense at all. For a
term cannot be double the hire of anything. It is the value in work of
the term of service which is double a hire. We must express both terms
in the same denomination. In what sense could six years ever be double
of anything but three years? How can we imagine three years to have any
special connexion with the term of a hired servant? Is there any
evidence that servants were usually hired for three years? The term in
Israel, as in Babylon, must always have been matter of free contract.
The writer has in his mind the other regulation that the hostage for
debt must not be treated worse than a hired servant, and explains the
six years’ term as double what the debtor would be likely to agree to if
he was in the position of a hired servant and free to contract about the
term. Why should he be thus expected to fix upon three years as a term?
Probably because the custom, which had come down from the time when
Canaan observed the same usages which Hammurabi codified, regarded three
years as a proper term. If this view be thought not convincing, it may
be rejected.
Public-domain text, read in full here on John Shaqi.
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