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- The laws of the Hebrews were conceived in the same manner. Two types of law are noted in the Hebrew law codes: (1) casuistic, or case, law, which contains a conditional statement and a type of punishment to be meted out; and (2) apodictic law, i.e., regulations in the form of divine commands (e.g., the Ten Commandments).
www.britannica.com/topic/Hebraic-law
Two types of law are noted in the Hebrew law codes: (1) casuistic, or case, law, which contains a conditional statement and a type of punishment to be meted out; and (2) apodictic law, i.e., regulations in the form of divine commands (e.g., the Ten Commandments).
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As cases, they are all embedded in the situations faced by the people of Israel. Indeed, throughout the Pentateuch (the Torah), it can be difficult to sift out the specific laws from the surrounding narrative and exhortation. Four sections of the case law are particularly applicable to work today.
This chapter will first present an overview of legal practice in ancient Israel, showing, through a case study of homicide and blood feud, that far from being an autonomous, circumscribed field, law was rather a rule-bound pursuit of remedy for injury intimately tied to family and clan networks, as well as political or state institutions.
- Chaya Halberstam
- 2017
- 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...
The laws are formulated in the traditional casuistic style. The casuistic formulation of law, which predominates throughout all of the above-mentioned extra-biblical corpora, consists of a protasis, containing the statement of the case, and an apodosis, setting forth the solution, i.e., penalty.
A safer position to take is to regard all Israel’s laws, whether categoric or apodictic, as permeated with the light of the new revelation of Yahweh. The second type of law to be found in the Torah is casuistic, or case-law. This normally introduces an instance, ending with a “then...,” as in the Mesopotamian case-law codes.
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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]
