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Biblical law is primarily casuistic: if–then clauses which are each mini hypothetical narratives, posing a tense protasis and concluding with an appropriate, and often satisfying, resolution.56 Assnat Bartor describes them in narratological terms: The outstanding poetic accomplishment that is reflected in the casuistic laws is the production ...
- Chaya Halberstam
- Slavery and The Law
- Consequences of Violence
- Other Laws
We cannot comment on all these laws, but can discuss a few illustrative cases. The first issue raised may surprise the reader in the context of the exodus: “when you buy a Hebrew slave. . . .” If Israel had its origin in liberation from slavery, how could buying a Hebrew slave be condoned? But in fact slavery is taken for granted, and remains a pro...
In general, the laws of Exodus stand in the legal tradition of the ancient Near East. The classic example is the case of the ox that gores (Exod 21:28). Laws on this subject are found in the codes of Eshnunna (§§53-54) and Hammurabi (§§250-51) in the early second millennium B.C.E. The Mesopotamian codes differ from the biblical one in placing great...
Several other laws require a brief comment. Exodus 22:16 stipulates that if a man seduces a virgin, he must pay the bride-price for her and make her his wife. The woman is not consulted as to her feelings. The issue is primarily an economic one. A woman who has been defiled would not be able to find another husband (compare the story of the rape of...
This chapter has surveyed several aspects of the notion of law in ancient Israel and the Hebrew Bible. First, it explored legal practice in ancient Israel, noting that legal education and even adjudication were continuous with general education in the torah of YHWH, and with other political or cultic offices.
- Chaya Halberstam
- 2017
Sep 1, 2009 · This chapter presents the basic evidence of the common sequential ordering of the casuistic ("if . . . then . . .") laws of the Covenant Code (Exodus 21:2–22:19) and the Laws of Hammurabi. It notes fourteen points of correlation running throughout the two texts, covering essentially the whole of the Covenant Code's casuistic laws.
The casuistic laws spelled out penalties for offenses, including many relating directly to commerce, especially in the case of liability for loss or injury. The so-called lex talionis , which also appears in Leviticus 24:17-21 and Deuteronomy 19:16-21, is central to the concept of retribution. [1]
raises special problems for the social and legal historian. Through close analysis of the laws of bailment (i.e., temporary safekeeping) in Exodus 22, Yael Landman probes the relationship of law in the biblical law collections and law-in-practice in ancient Israel and exposes a vision of divine justice at the heart of pentateuchal law.
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Ancient Israel And Its Literature Society Of Biblical Lite By Assnat Bartor 2010 Paperback James W. Watts Reading Law as Narrative Assnat Bartor,2010 Casuistic or case law in the Pentateuch deals with real human affairs; each case law entails a compressed story that can encourage reader engagement with seemingly dry legal text. This book is the
