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
(iv) The case where the man chooses to stay is instructive from many
points: for a Hebrew could thus become a slave for ever. There were no
degradations if no grades were recognized, and there were no religious
disabilities. It did not even preclude wealth. The boring of his ear by
the awl was a significant way of nailing his obedience, of which the
ear was the organ and symbol, to a particular house.
So far in our comparison of the Code and the Book of the Covenant we
have been content to show likenesses and contrasts. But there are not
lacking cases in which some have not failed to see deliberate conscious
change. One of the most surprising things in the Book of the Covenant,
if it belongs there at all, is the prohibition to ‘favour the poor man’,
Exod. xxiii. 3. The direction must be addressed to persons in the
position of judges. It is sometimes maintained that the Book of the
Covenant shows no trace of judges. However that may be, the directions
must be addressed to those who decided causes, judges under some other
name.
Now why was the poor man not to be favoured? We should not be at all
surprised at judges being told not to favour the rich man. It can never
have been superfluous in the East. But the Code does favour the
_mushkênu_. We have seen that he was called ‘a poor man’ by several
translators after the rendering ‘noble’ had been given up. That was
partly because the Hebrew _meskîn_ has always been taken to mean a poor
man. Perhaps the original text of Exod. xxiii. 3 had _meskîn_. Then the
later redactor, who seems to have known the Code, may have wished to
obliterate a tell-tale word. The Code did favour the _mushkênu_ in the
sense that he could do wrong at less expense than his superiors. Also
his offerings in the Temple were allowed to be smaller. Now this is
exactly how Leviticus does favour a poor man, and that again suggests
that by ‘poor man’ the Hebrew legislator did mean the same as the
Babylonian _mushkênu_. Now if this otherwise very odd remark in Exod.
xxiii. 3 was really old, one wonders that the Leviticus law does so
favour ‘the poor’. But Exod. xxiii. 3 might well be passed later to
abrogate this Babylonian tendency. Exod. xxx. 15 expressly forbids the
rich to pay more or the poor less. The same word for ‘poor’ occurs in
all cases. Did then the early Hebrew law aim at reversing the Code’s
rule that ‘poor men’, or rather ‘plebeians’, should pay less? We may
suppose that the Canaanites were the _mushkênu_ in Israel. The
‘sojourners’ obviously were. But Hammurabi had neither riches nor
poverty in view when he favoured the _mushkênu_. By the Tell-el-Amarna
period the name had lost its exact value and become even in Babylonia
more contemptuous. Later in Israel it became a name for a beggar. Did
the Hebrew legislator catch the word when it only conveyed the meaning
‘poor’, and use his own term to avoid ambiguity?
Public-domain text, read in full here on John Shaqi.
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