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
The Hebrew legislation on the subject is precisely similar save that the
term is six years. Whether three or six, the term is so absolutely
arbitrary that no possible explanation can be given to account for it.
It equally ignores the amount of debt, the value of the debtor’s work,
and the sacredness of contract. Had both legislations hit upon a three
years’ term, we might have racked our brains to find a reason why in the
world three years should have commended itself to both lawgivers. We
should have been tempted to think that these Semites had some sanctity
about the term which made it appropriate to select. At any rate we
should have wondered what a money-lender in Israel had done to deserve
to get twice as much work for his money as the Babylonian. Some might
even have been tempted to see early evidence of Jewish aptitude for
business. Others would doubtless begin to play with the importance of
the value seven to the Jewish mind. Then one would begin to see the
influence of P. as in the first chapter of Genesis. Unfortunately the
Babylonians of the Hammurabi period had about as much reverence for
seven as for three, and perhaps as much for both as the Israelite in the
Book of the Covenant.
But it is a poor compliment to a lawgiver of any age to suppose that
sacred numbers influenced the nature of his laws. Doubtless the Jubilee
release was economically an advance on sporadic amnesty, but to make a
debtor’s lot twice as hard and a money-lender’s security double,
especially as there is no reason to suppose that in Israel the temple
was the poor man’s bank, all for sake of seven is not a fair charge
against Moses or any lawgiver unless it is absolutely certain. The
change from three to six is not easy to account for on scientific
sociological grounds.
Public-domain text, read in full here on John Shaqi.
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