Shoftim. Deuteronomy 16:18-21:9
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1 Shoftim Deuteronomy 16:18-21:9
2 De 16:19 You shall not wrest justice: you shall not respect persons; neither shall you take a bribe; for a bribe does blind the eyes of the wise, and pervert the words of the righteous. Ex 23:2,6,8; Le 19:15; De 1:17; Pr 17:23; 24:23; Ec 7:7
3 De 16: 18 Judges and officers shall you make you in all your gates, which Yahweh your God gives you, according to your tribes; and they shall judge the people with righteous judgment. 19 You shall not wrest justice: you shall not respect persons; neither shall you take a bribe; for a bribe does blind the eyes of the wise, and pervert the words of the righteous.
4 Bribes in the ANE 10:17. gods accepting bribes. In the religious beliefs of the ancient Near East the gods could be manipulated because they were believed to have needs. Sacrifice and temple upkeep were part of a program of taking care of them and feeding them. By providing the food, clothing and shelter that the gods needed, an individual could win the favor of the deity. This text makes it clear that Yahweh is not to be thought of in the same way as the gods of Israel s neighbors. This also reflects the picture of Yahweh as a just judge who refuses to distort justice for personal gain.
5 The King 17: king chosen by deity. The Sumerian King List, which purports to contain the names of kings from before the flood until the end of the Ur III dynasty (c b.c.), begins with the line, When the kingship was lowered from heaven. The assumption throughout Mesopotamian history is that every ruler received his certification to reign from the gods. Thus Hammurabi ( b.c.) speaks in the prologue to his law code of the gods establishment of an enduring kingship in Babylon and how the gods Anum and Enlil specifically chose him to rule on behalf of the people. The result is an obligation imposed on the king to rule wisely and with justice, never abusing his power and being responsible to the commands and requirements of the gods. The situation is slightly different in Egypt, where each pharaoh was considered to be a god. IVP Bible Commentary
6 De 17:16 Only he shall not multiply horses to himself, nor cause the people to return to Egypt, to the end that he may multiply horses; because Yahweh has said to you, You shall henceforth return no more that way. 17:16. proliferation of horses. Since horses were used primarily to draw chariots and carry horsemen into battle, the acquisition of large numbers of these animals implies either an aggressive foreign policy or a monarch who wishes to impress his people and his neighbors with his wealth and power. The reference to Egypt is suggestive of dependence on that nation as an ally and a supplier of horses for war (Is 36:6 9). Such alliances in the late monarchy period proved disastrous for Israel and Judah and were roundly condemned by the prophets (Is 31:1 3; Mic 5:10).
7 De 17:17 Neither shall he multiply wives to himself, that his heart not turn away: neither shall he greatly multiply to himself silver and gold.
8 17:17. royal marriage as alliance. Marriage was a tool of diplomacy throughout the ancient Near East. For instance, Zimri-Lim, the king of Mari (eighteenth century b.c.), used his daughters to cement alliances and establish treaties with his neighboring kingdoms. Similarly, Pharaoh Thutmose IV ( b.c.) arranged a marriage with a daughter of the Mitannian king to demonstrate good relations and end a series of wars with that middle Euphrates kingdom. Solomon s seven hundred wives and three hundred concubines (1 Kings 11:3) were a measure of his power and wealth (just as horses are in Deut 17:16), especially his marriage to the daughter of the pharaoh (1 Kings 3:1). While the political advantages were quite evident, the danger of such marriages is demonstrated in the introduction of the worship of other gods by Solomon s wives (1 Kings 11:4 8).
9 17:17. Royal Treasuries. The theme of excessive acquisition of royal symbols of power (horses, wives, gold and silver) continues in this admonition against overtaxing the people simply to fill the royal treasury. All of the categories of wealth are said to lead to excessive pride, apostasy and a rejection or diminution of Yahweh s role (compare 8:11 14). The vanity of kings who amass wealth without purpose other than pride is found in Ecclesiastes 2:8 11 and Jeremiah 48:7. The treasuries typically contained the precious metal assets of temple and state, including contributions as well as plunder. Though coinage or bullion may have been included, much of it would be in the form of jewelry, vessels for ritual use, religious objects or the various accessories of royal or wealthy households. Payment of tribute at times required drawing from or even emptying the treasuries (see 1 Kings 14:26; 2 Kings 18:15). Excavations or descriptions of temples and palaces often indicate rooms as treasuries, and royal officers included keepers of the treasuries.
10 The King is to submit to YHVH 17: king subject to the law. In Egypt and Mesopotamia the king was the fountainhead of law. It was his task to perceive and maintain the order that was built into the universe (Egyptian ma at; Mesopotamian me). The king could not be brought to justice, except by the gods. He was not above the law, but there was no mechanism by which he could be tried in a human court. Judicially this may have been no different in Israel, though the prophets, as spokesmen for the deity, could call the king to account.
11 Capital Punishment Cases 19:1. Late Bronze Canaanite cities. Most of what is known about Late Bronze Canaanite cities comes from archaeological excavations and surveys and the inscriptions of the Egyptian Pharaohs who ruled that region. Evidence suggests that the major cities of this period (Jerusalem, Shechem, Megiddo) were walled, but settlements were spaced fairly far apart. The central hill country was sparsely inhabited prior to 1200 b.c. The population was mixed, containing peoples who had come from the Hittite kingdom, Syria, Mesopotamia and the desert areas of Arabia. The Egyptians apparently had some difficulty governing the area and were required on numerous occasions to send military expeditions to quell revolts and end brigandage (reported in the fourteenth-century b.c. Amarna letters as well as in the victory inscriptions of Amenophis II [c b.c.] and of Merenptah [c b.c.]).
12 19:2 3. refuge cities in ancient Near East. See the comment on Numbers 35:6 34 for a discussion of the cities of refuge in Israel. The concept of asylum and refuge is quite old. Babylonian and Hittite texts both speak of sacred space where all are to be protected. The inhabitants of the great temple cities of Nippur, Sippar and Babylon were granted special status because of the protection afforded by patron deities of these places. The principle was that only the god could withdraw protection from persons here, and thus no one could shed their blood without an omen or sign from the god (Herodotus has an example from the classical period). Egyptian tradition regarding asylum appears to apply only to the temple precinct rather than to the entire city. This would parallel the biblical examples in which a fugitive takes refuge at the altar (1 Kings 1:50 53; 2:28 34).
13 Asylum and Refuge in the Holy City Mesopotamian documents tell of the divine protection accorded to ancient temple cities. Residents of cities with kidinnu rights are called freedmen of the great gods, šubarrê ilāni rabûti, and in a Mesopotamian text from the eighth century, entitled Advice to a Prince, we read of the cities Nippur, Sippar and Babylon, that the great gods established the freedom rights of the residents of these cities. From a letter of the Babylonian people we learn that whoever enters into [Babylon] is assured the right of kidinnūtu and even a dog entering the city shall not be killed. This is reminiscent of the cities designated as a place of asylum, granting protection to all who enter (see Hittite text above, p. 105). p 121 Elsewhere it is written that it is forbidden to shed the blood of a Nippurite, since he is dedicated to Enlil. The granting of the status of city of asylum to holy cities by the authorities has a long history in the Ancient Near East. The oldest evidence about the Asylum right is that of Kylon in the insurrection against the archonship of Athens (632 B.C.E.). He together with his men took refuge in the temple of Athena. When they were asked to descend to the city in order to stand before the trial they tied themselves with a rope to the statue of the goddess Athena. The rope was torn and this was seen as a sign that the goddess withdrew her protection from the rebels. This enabled Megacles and his colleagues to kill them (Herodotus V, 72; Thucidides I, 126; Plutarch, Solon 12).
14 19:14. moving boundary stones. Since the land had been given to the people by God and apportioned according to a God-given formula, to move boundary stones and thus appropriate territory unlawfully was a crime of theft against God. The antiquity of laws concerning property rights is affirmed by inscriptions on sixteenthcentury b.c. Kassite kudurru boundary stones, admonitions in eleventh-century b.c. Egyptian wisdom literature against relocating a surveyor s stone (Teachings of Amenemope) and in the curse in Hosea 5:10. Each example calls on the gods to protect the owner s rights against encroachment.
15 De 19: 15 One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sins: at the mouth of two witnesses, or at the mouth of three witnesses, shall a matter be established. 16 If an unrighteous witness rise up against any man to testify against him of wrong-doing, 17 then both the men, between whom the controversy is, shall stand before Yahweh, before the priests and the judges who shall be in those days; 18 and the judges shall make diligent inquisition: and, behold, if the witness is a false witness, and has testified falsely against his brother;
16 19: the role of witnesses in the ancient judicial system. Witnesses were an essential part of the judicial system in the ancient world. One sign of this is that Israelite law required two witnesses to convict a person of a crime (Num 35:30; Deut 17:6; 1 Kings 21:13). Both Hammurabi s code and the Middle Assyrian laws rely heavily on the presence of witnesses to certify business transactions and to testify in civil and criminal cases.
17 Chapter 19 and the Letters of Paul 1Co 5:11 But now I have written unto you not to keep company, if any man that is called a brother be a fornicator, or covetous, or an idolater, or a railer, or a drunkard, or an extortioner; with such an one no not to eat.
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20 19:21. lex talionis. The legal principle of an eye for an eye or lex talionis ( law of retaliation ) is found in both the biblical law codes and the codes of Mesopotamia. Biblical examples (Ex 21:24; Lev 24:20) express the desire to eliminate a corrupting or unclean element in society. The admonition is to have no mercy on the culprit. Mesopotamian law contains both the idealized version of lex talionis and an amelioration to set limits of compensation. For instance, the law collection of Eshnunna sets a fine of one mina of silver for the loss of an eye. In the personal liability laws found in Hammurabi s code, reciprocity for injury may be an exactly equivalent injury, a fine or mutilation, depending on the social status of the injured party and the accused. Even in the cases where exact reciprocity is required by Mesopotamian law, it is quite possible that a monetary equivalent was taken in compensation (if not explicitly included in the law), rather than an eye or a tooth being actually removed.
21 Unsolved Murder 21:1 9. innocent blood procedures and concepts. See the comments on Numbers 19 dealing with the significance of the purification ritual and the use of the red heifer. These comments also deal with the importance of expiation for the shedding of innocent blood. In Hittite law if a body was found out in the open country, the person s heir was entitled to some property from the town nearest the place where the body was found, up to three leagues distance. This legislation is more concerned with the rights of the heir than with the issue of innocent bloodshed.
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24 This is especially true of Jesus most famous oration, the Sermon on the Mount, which is a reformulation of the Torah he studied and to which he was committed. A small sampling: Jesus: (Matt 5:5) Blessed are the meek, for they shall inherit the earth. Hebrew Bible: (Psalms 37) The meek shall inherit the earth, and delight themselves in the abundance of peace. Jesus: (Matt 5:8) Blessed are the pure in heart, for they shall see G-d. Hebrew Bible: (Psalms 24) Who shall ascend the mount of the Lord the pure-hearted. Jesus: (Matt 5:39) But if anyone strikes you on the right cheek, turn to him the other also. Hebrew Bible: (Lamentations 3:30) Let him offer his cheek to him who smites him. Jesus: (Matt 6:33) But seek first his kingdom and his righteousness, and all these things shall be yours as well. Hebrew Bible: (Psalms 37:4) Delight yourself in the Lord, and He shall give you the desires of your heart. Jesus: (Matt 7:7) Ask, and it will be given you; search, and you will find; knock, and the door will be opened for you. Hebrew Bible: (Jer 29:13) When you search for me, you will find me; if you seek me with all your heart. Jesus: (Matt 7:23) Then I will declare to them, I never knew you; go away from me, you evildoers. Hebrew Bible: (Psalms 6:9) Depart from me, all you workers of evil The book is also for Jews who remain deeply uncomfortable with Jesus because of the Church s long history of anti-semitism, the deification of Jesus, and the Jewish rejection of any Messiah who has not fulfilled the Messianic prophecies. We Jews will forever reject the divinity of any man, the single most emphatic prohibition of our Bible. And we can never accept the Messiahship of any personality, however noble or well-intended, who died without ushering in the age of physical redemption. But as Christians and Jews now come together to love and support the majestic and humane Jewish state, it s time that Christians rediscover the deep Jewishness and religious Jewish commitment of Jesus, while Jews reexamine a lost son who was murdered by a brutal Roman state who sought to impose Roman culture and rule upon a tiny yet stubborn nation who will never be severed from their eternal covenant with the G-d of Israel.
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