In preparing your Deuteronomy essay, you might find it helpful to refer to the  Code of Hammurabi. The on-line version linked here is more complete than the version I passed out in class.

Deuteronomy II

    “Deuteronomy” is Greek for “second law” (or, “repetition of the law”).  Yet it’s the fifth book of Torah. The name I once thought was because Deuteronomy is the second book devoted mostly to law in strictest sense.  Genesis: stories of beginnings, Exodus: laws, but more concerned with events bringing Israel out of Egypt. Numbers: the wanderings in the wilderness.  Leviticus and Deuteronomy mostly laws--but even in case of Deuteronomy more than law--laws put in historical and philosophical framework. And that’s where the “repetition of the law” comes in.  There aren’t new laws here, but the laws are restated in another context.  The Hebrew name for book is "Elai h'debrim, "these are the words." It turns out to be a good title--perhaps a better title.  These are the words to live by, to put on your wall and on your head, and on your arm, to teach to year children, to preserve unchanged from one generation to next.


My generalization from last time: The Torah is perhaps the finest law code the ancient world produced: the book of Deuteronomy is an excellent example of this.

There are certainly some striking contrasts with other law codes.  *Did you notice other specific contrasts with the code of Hammurabi and the other Mesopotamian law codes?

--sons and daughters not put to death for father’s crime
--runaway slaves not to be given back
--crops are to be deliberately left in the field for the strangers, widows, and orphans: no15 shekel fine for stealing!

Other areas, many may not quite agree with generalization. One problem is that Torah regulates areas you might not think ought to be regulated, e.g. religion.  Not only does it forbid the worship of other gods, but it also limits worship of God of Israel to specific ceremonies, in specific places, led by specifically designated priests.  Further, it restricts the priestly class to one tribe.

*What about the elimination of idolatry?  Is this good or bad in terms of law? (Note the idea of ethical monotheism, and the fact that Socrates [cf., Euthyphro section 8], Plato, and Aristotle all also drift toward monotheism in their quest of justice. Why?]

*Ought the priesthood be limited in this way, and worship regulated in this way?  What would be consequences of not doing so? (Note ch. 13 v. 1-5).  Is the penalty listed appropriate here?

Note further the penalty for apostates of one's own family (13:6-8) and for apostate Israelite cities (13: 12-16).  But notice provision of vs. 16: why is spoil to be burnt?

Deuteronomy also regulates diet (14:3-21).  Why these restrictions?  What impact of following dietary regulations?  (Note vs. 21--can be sold or given away!!!).

Another requirement some might object to is tithing (Deut. 14:22-29).  Why the tithe?  Note use in vs. 29.

One of strengths of Deuteronomic code (and all Torah) is its concern for the weaker members of society.  Cf 15--seven year release of debts.  Here a particularly important law--notice what happens in any society that allows the loaning of money.  Deuteronomy solves problem.  And note that just because seventh year is close, doesn't mean you don't lend!!

Note also the seven year release of bondservants.  What's affect of this law on society?  What would be potential problem?  Note how that also is dealt with: servant not sent out empty, servant option of remaining in service.  (Awl through ear at first cruel, but necessary for slave!)

These kinds of laws are mixed with religious regulations.  *Why the law on firstlings and the Passover immediately following concern with slaves?  (Sacrificed animal shared as in all ancient cultures--this assured frequent sacrifice.  Also, note passover (16:1-15) rejoicing for all memory of one's own status as a bondservant (contra J.D. Rockefeller and the Social Darwinists).  Note 16:16-17 all are to give "as able."  A graduated tax???? (Later, ch. 24--prohibition against going over field more than once or harvesting tree more than once: remnant for stranger, widow, fatherless).

16:18-20 specific laws against bribery.

Deuteronomy also provides for trials, and note standard of evidence (17:5-7, contrast with code of Hammurabi!!!).

Also sophisticated: regulation of monarchy (17:15-20).  Implication: king is not above law.  Also in addition to king--a prophet.  Someone to speak God's will to people.  What's potential problem with a prophet?  How does Deuteronomy deal with this?  How is failure to adhere to true prophet punished (left to God!!!).  Here is where Deuteronomy impresses me. On one hand, an outward code all are to adhere to--outward worship, rules of moral conduct. But realization that there is a deeper area of obedience to God where God alone punishes, rewards. (See 18:15 ff.)

Impressive also is way Deuteronomy deals with homicides.  In Chapter 19, note the distinction between accidental death and murder.  A homicide can be innocent--not true among Greeks.  Cities of refuge set up--but will deliver guilty. (Note also the ritual in Ch. 21 for innocent blood).

Some standards same in Deuteronomy are similar to those in the Code of Hammurabi. False witness results in receiving penalty one sought to impose.  Eye for eye, tooth for tooth, hand for hand, foot for foot, life for life.  But notice the difference: false testimony must be proved false, one doesn’t get penalized just because one can’t prove one’s accusation.

What about this as a principle of justice?  Is this right?  Why not followed?

Note also the regulation also of warfare here.  Notice condidtions that will allow one to escape military duty: new house, new vineyard, new wife.  Is this a good idea?  Note also that fearful and faint hearted escape.  Is this a good idea?  How many do you think would take advantage of this?

What about the treatment of captive cities.  Is the regulation here good? (City given chance at tribute, if it doesn't pay tribute, men killed, spoils yours.)  But notice fruit trees not destroyed during siege!!  Captive women are given a full month to mourn before being taken as wives—and there is a tacit assumption that captured women are not to be raped.  Also, these women are not to be sold.

Deut. Also has some occasional jarring statements.  Note Ch 21:18 ff.-- rebellious sons to be punished by death.  Is this a good law???  What's effect of a law like this on the books???

A bit jarring also is the penalty for non-virgin bride (22).  *A good law? (Consider, though, how it undercuts a seducer’s lines). What about penalties for rape and adultery?  Forbidding of prostitution?  Homosexual prostitution?

Note Deuteronomy’s contrast to our own current societal direction in terms of sex.  Today, we seem to have the idea that whatever consenting adults do is ok. This isn’t the idea in Deuteronomy.  Not what kind of relationships are forbidden—and note also that these are almost all potentially exploitive relationships. 

What about law of divorce in Ch. 24? Again, here is a protection of women from a libertine society in which men just pass around women among one another.  

Note chapter 24:16--specific prohibition against putting children to death for father's crimes.

After all commands, ceremony cursing all who don't follow laws.  Group cursing.  What's reason for this??  Laws based on a Covenant, even divine law is a law agreed on by both parties.

Finally results of law: if you keep law, this will follow; if you don't this will follow.  Consequences of law made plain.

One other good thing about law: clear enough for all to understand.
(Read 30: 11-20).  [Note that, if laws had been completely different from other ancient law codes, they would have not have been so easy.

And note Moses plea (Deut. 30:9)—Choose life!!!

But, perhaps most impressive of all, is the fact that Deuteronomy ends with joy.  Moses finishes with a song, and with blessings on the tribes of Israel. 

"The eternal God is thy refuge, and underneath are the everlasting arms." (Ch. 33).

And you see what is going on here. Moses, the man who seemingly lost everything in his own pursuit of justice, has found here what he was looking for—and he’s joyful—both in the blessing and the curse.  Law is joy, because justice is joy—and because, ultimately, justice is done.  God is just, even if we are not….