Biblical Hebrew Forum

["Lisbeth S. Fried" <lizfried AT umich.edu>]

Title: Re: Monotheism was: "admittedly syncretistic..

Dear Jonathan,

 

-----Original Message-----
From: Jonathan D. Safren [mailto:yon_saf AT bezeqint.net]
Sent: Sat, January 26, 2002 3:57 PM
To: lizfried AT umich.edu; Biblical Hebrew
Subject: Re: Monotheism was: "admittedly syncretistic..

Dear Liz,

 

 

{LSF} Hasn't  Ray Westbrook discussed this? I don't think apodictic laws are that rare but maybe they are. If they are rare in the law codes and not rare in the Vassal Treaties, that's interesting. (To me, anyway, maybe everyone else knows this.)

 

[JDS] I haven't seen a single apodictic law in any of the ANE law codes. In the treaties, the apodictic formulation is not in laws but in treqaty stipulations: "With my friends you shall be friends"

 

[LSF] I think there are some, but they refer to taxes, or anduarums, or something like that.

 

 

 

As for the ANE codes, they serve to demonstrate the justness of the monarch (cf. the intro. and conclusion to CH). \legal-administrative documents from the same places and periods demonstrate that the actual legal practices were different.

 

[LSF] The same is here as well, only I suppose the monarch is YHWH.

 

[JDS] Where does it say that YHWH is giving thelaws/covenant because he is just?  

 

[LSF] Right. I don't think it says it anywhere, but isn' t that the conclusion you're supposed

to draw. Indeed, that's the conclusion Rolf has drawn.

 

 

[LSF] No murder isn't always punished by death, cf Exodus 21:20. No punishment is listed. How do you translate naqom yenaqem?

 

[JDS] He shall be avenged. Blood vengeance, meanng the death penalty. In other words, a slave is worthy of blood vengeance just as is a free man. That;s the punishment. Casuistic law always has a sanction.

 

[LSF} I'm not sure about this.It seems if so, then it would say mut, yamut. I don't think a punishment,

except what is avenged by God, i/e., if he has an accedental death. But there is no punishment

assigned. The slave was his property, and the presumption is you don't purposely destroy

your own property. So the assumption probably is that you can't murder your own slave

(Like you can't rape your wife?), so that there is no death penalty.

 

Liz

Jonathan