than that they had incurred the deep displeasure of Yahweh? And, casting about for some means to regain his lost favor, what offered greater promise of success than strict observance of the rites which priests claimed Yahweh had commanded? A Sabbath devoted solely to worship, a Day of Atonement in which the national soul profoundly humbled itself, were fruits of the tragic experiences through which they had passed. The priestly laws reflect the great change in which sacrifice became central, instead of the lofty ethical exhortations of the prophets.

But even the code of 444 B. C. known as P did not answer all perplexing questions or accomplish the desired result. To meet new conditions new laws were adopted from time to time, were announced to the people, and in time took their place in the sacred volume of the Torah. By 250 B. C. most of the present Law was definitely compiled and accepted as authority. These later laws did not constitute any definite body of ordinances which could be called a code. They are cited, however, to show the latest development of that entire system of statutes, ordinances, decisions and judgments which collectively form the Torah, the great Law Book of Israel.

8

A general glance at these various codes and their chronology convinces us that the Law was much less ancient than has been popularly supposed. Instead of having its origin in Moses in 1300 B. C. only a law here and there of the most rudimentary type can be traced so far back. Some of them date as late as 250 B. C. The great bulk of them came into existence between 800 and 400 B. C., at least so far as their present written form is concerned. Without these facts constantly in mind. no study of Old Testament Law can be accurate or complete.

9

Summary

By way of summary we may say that the Pentateuch is made up of (1) two streams of narrative or history, that in which the term Yahweh is used and hence is designated as J, and that in which Elohim is used, and known as E. These two accounts sometimes cover the same ground, and sometimes differ widely. Modern criticism has traced the passages belonging to each and arranged each in a continuous story. These were united by a later editor and are known among scholars as JE; and (2) the legal sections, or the Torah proper. The latter are nearly all found in Exodus 20-23, 25-31, 34-35; Leviticus 1-8, 11-25, 27; Numbers 5-10, 18, 19, 27-30; Deuteronomy 4 to 26. The bulk of the civil law is contained in Exodus 21-23 and Deuteronomy 21-25. The Law of Holiness, Leviticus 17-26, is interpolated in the Priestly Code, although clearly out of place there. Laws of Inheritance are chiefly in Numbers 27 and 36. The ceremonial law P in Exodus 25-31, 35-40; Leviticus 1-16, 27. The Decalogue is in JE. The "Words" are in Exodus 2023-26, 22 18-24. 28-31, 23 1-19, Judgments in Exodus 211, 22 17. 25-27 C is older than E; and D is largely a repetition and expansion of the non-priestly parts of JE and is not possibly of Mosaic origin. (Jewish Cyc., Vol. 5, p. 542.) That the laws in JE, Exodus 20-23, are the foundation of the Deuteronomic legislation becomes certain. For example, Deuteronomy 1727 is an expansion of Exodus 22 24, Deuteronomy 16 1-7, of Exodus 23 14-17, and Deuteronomy 18 10. 11, of Exodus 22 18. E dates from 900 to 750 B. C., J from 850 to 750 B. C.

OLD TESTAMENT LAW

Classification, Text and
Explanatory Notes

ORIGIN OF ISRAEL'S LAWS

Historical Note

The uniform tradition of the Jews through their entire history ascribed the origin of their laws to their great lawgiver, Moses. Yahweh spake to his chosen people and Moses received the divine commands as their representative. Laws were therefore Yahweh's laws. If they were obeyed they brought his favor. If disobeyed his displeasure would be heavy upon them. Divine sanction gave these laws great authority. Without that sanction they would have counted but little.

In time all laws were referred back to Moses, although most of them were enacted centuries after his death. As time passed his name became the synonym of majesty, authority, divine favor. Statutes and ceremonies were ascribed to him although applying to facts and conditions that arose centuries later. Codes were accepted because stamped with his name. The tradition grew until nothing could shake the implicit faith of the Jews in their great teacher, judge and lawgiver.

The Torah was the divine message of Jehovah to Israel through Moses.

The laws of Israel were given through Moses by direct command of Jehovah.

23 24

Neh. 8 1-3

1-4. 29

26

These laws must be read to the people every seven years. (D) Dt. 31 9-13

And placed by the side of the Ark of the Covenant.

(D) Dt. 31

26

There are wonderful promises to Israel if these laws are observed.

1 The letters J., E., etc., refer to the various codes or constituent elements of the Pentateuch as heretofore described.

NOTE: It has been thought unnecessary to set out in full all the passages cited. The text is set out in sufficient instances to illustrate the various laws, leaving the student to refer to the Bible for the other passages cited. Citations are repeated under different headings where applicable. The text follows the citation to which it belongs.

PUBLIC LAW

A

CIVIL GOVERNMENT

I

KIND OF GOVERNMENT

1

Historical Note

1. The Patriarchal Age. In primitive times the family was the unit of Hebrew life. The conditions of living were so simple that no elaborate form of government was possible and but few laws were needed. The father as head of the family was the supreme ruler, with power of life and death in certain instances. The tribal form of government gradually grew out of this system and was fully developed at the time of the conquest of Canaan. The earliest laws make no reference to king, state, or judges.

2. Government by Judges. When the Jewish tribes were united together with some degree of solidarity, certain men by personal ascendancy acquired power over the scattered tribes. These men were called Judges. Their authority was based rather on voluntary submission than express sanction.

3. The Monarchy. The danger of invasion and overthrow by the Philistines resulted in the election of Saul as King. Under his immediate successors, David and Solomon, the fortunes of the Jews reached their highest point. With various vicissitudes the Kingdom survived until the Babylonian Captivity.