-----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.