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  • 1
    Article
    Article
    In:  The Oxford Handbook of Biblical Law (2019) 489-503
    Language: English
    Year of publication: 2019
    Titel der Quelle: The Oxford Handbook of Biblical Law
    Angaben zur Quelle: (2019) 489-503
    Keywords: Women (Jewish law) ; Children (Jewish law) ; Slaves (Jewish law) ; Rabbinical literature History and criticism
    Abstract: Rabbinic law on women, children, and slaves developed on the basis of biblical law and in the context of the Greco-Roman and Sasanian cultural environments in which Palestinian and Babylonian rabbis lived. The discussions were innovative in their adaptation of biblical law to new circumstances. From a sociological point of view, women, children, and slaves were dependents of the householder who were generally associated with the private sphere of the household. At the same time, they differed from each other with regard to honor, which only free persons possessed, and with regard to gender, since male children were raised to become Torah-observant male Jews themselves. Palestinian rabbinic law shows interesting similarities with and differences to Roman law of which rabbis would have been aware even if direct influences cannot be established.
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  • 2
    Article
    Article
    In:  The Oxford Handbook of Biblical Law (2019) 319-332
    Language: English
    Year of publication: 2019
    Titel der Quelle: The Oxford Handbook of Biblical Law
    Angaben zur Quelle: (2019) 319-332
    Keywords: Bible Comparative studies ; Loyalty oaths ; Vows Biblical teaching ; Covenant theology Biblical teaching ; Jewish law Biblical teaching ; Law History To 333 B.C. ; Assyro-Babylonian literature Relation to the Bible
    Abstract: The chapter surveys evidence from West Asian and Mesopotamian sources, focusing on texts written in Akkadian, Aramaic, Hebrew, and Hittite. Although modern scholarship distinguishes international treaties from domestic loyalty oaths, the difference is not recognized in ancient Near Eastern documents. Both types of agreements are discussed under five headings: relationships between treaties and other legal documents; the concept of the vassal treaty; forms; ratification; and covenants with gods. Each heading points to areas of ongoing research and discussion. These include the administration of oaths; difficulties in identifying vassal treaties; origin and development of treaty forms; and motivations for producing treaty documents. Among issues relevant to biblical studies are links between treaties and dynastic promises; categorization of biblical treaty texts; the role of sacrifice; and connections between covenants and vows.
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  • 3
    Article
    Article
    In:  The Oxford Handbook of Biblical Law (2019) 45-58
    Language: English
    Year of publication: 2019
    Titel der Quelle: The Oxford Handbook of Biblical Law
    Angaben zur Quelle: (2019) 45-58
    Keywords: Bible Criticism, interpretation, etc. ; Trials in the Bible ; Jewish law Biblical teaching
    Abstract: The chapter examines the Old Testament evidence concerning the nature of the trial procedure in ancient Israel. Although the evidence is limited in comparison with the abundance of material available in the ancient Near East, the laws in the Pentateuch and the narratives in the Old Testament do provide indirect evidence for the way in which the judicial system operated in Israel and Judah. The elders played a prominent role in trials at a local level, and it is probable that the main qualification for eldership was possession of landed property. Appeal against arbitrary decisions by the local assemblies could be made directly to the king, though, in practice, this responsibility was probably delegated to his officials. In cases where there were no witnesses present the matter could be directed to God for a verdict by means of a “trial by ordeal.”
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  • 4
    Article
    Article
    In:  The Oxford Handbook of Biblical Law (2019) 79-99
    Language: English
    Year of publication: 2019
    Titel der Quelle: The Oxford Handbook of Biblical Law
    Angaben zur Quelle: (2019) 79-99
    Keywords: Bible. Criticism, interpretation, etc. ; Jewish law Biblical teaching ; Ritual in the Bible ; Sacrifice Biblical teaching ; Fasts and feasts Biblical teaching
    Abstract: The juncture of time, place, and performance was the gestation arena of the development of Israelite ritual and theology. The discussion in this chapter will therefore begin with an elucidation of distinct times and then proceed to examine the sacrificial system. The holy days include the Sabbath, pentateuchal festivals, New Moon, Purim, and miscellaneous festivals mentioned in passing. Each is explored with reference to its name, origins, and rituals. Passover is highlighted as the origin of national festivals and institutional sacrifice. Its mythic narrative as the formation point for the nation of Israel thus preserves an obscure historical truth. The sacrificial system is then presented through its pre-institutional origins, its development in the Covenant Code and Deuteronomy, and its standardization in the priestly writings. Major issues discussed include the centralization of the cult and the issue of profane slaughter, the principal types of sacrifice, and the manifold function of the cultic system in Israelite worship. Both the holy days and the sacrifices are analyzed, with broad reference to scholarly debate, for their theological, social, and legal aspects, concluding with their joint significance for Israelite religion. They bestowed relevance for every major event in the individual Israelite’s life, on joyous and distressful occasions alike, in a unified experience of mediation between the individual and the deity, as well as solidification of relationships between individual and community.
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  • 5
    Article
    Article
    In:  The Oxford Handbook of Biblical Law (2019) 199-216
    Language: English
    Year of publication: 2019
    Titel der Quelle: The Oxford Handbook of Biblical Law
    Angaben zur Quelle: (2019) 199-216
    Keywords: Josiah, ; Bible. Theology ; Bible. Criticism, interpretation, etc. ; Jewish law Biblical teaching ; D document (Biblical criticism)
    Abstract: This chapter assesses the role of Deuteronomy as a document of reform. This is done by looking at the literary development of the book from a document advocating cultic centralization to a theological program that shapes Israelite identity. Deuteronomy transforms the way biblical Israel thinks about law and religion. By creating a concept of a community which enters into a quasi-contractual relationship with the deity, Deuteronomy takes the first steps toward a sovereign people. As a result, law and justice are no longer the duties of the “state” but of each individual who subscribes to the creed in Deuteronomy 6:4. The issues addressed and regulated in Deuteronomy work toward the creation of a book-oriented religion that ensures the survival of the community.
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  • 6
    Article
    Article
    In:  The Oxford Handbook of Biblical Law (2019) 257-274
    Language: English
    Year of publication: 2019
    Titel der Quelle: The Oxford Handbook of Biblical Law
    Angaben zur Quelle: (2019) 257-274
    Keywords: Bible. Criticism, Redaction ; Bible Canon ; History ; Jewish law Biblical teaching
    Abstract: Legal material is crucial for the Pentateuch’s formation. After an overview of pentateuchal research and documentary hypotheses, the legal collections and their interrelationship are discussed. Although a pre-exilic deuteronomic core, rewriting the Covenant Code, is likely, its final editing is a post-exilic development, with priestly laws and the Holiness Code following. The evolving Pentateuch becomes a distinct entity in the fourth century bce, but the text remains in a certain flux through the Hellenistic period. As a foundational document, consolidating the Judean and Samaritan communities alike, it reflects concerns with the revived temple cult(s) and Persian influence on Israelite practice. The Pentateuch receives special status earlier than the Prophets and the Writings. The transition from descriptive instruction to prescriptive law, from formative ideal to normative legislation, is a continuous process through the Hellenistic and Roman periods, with bearing on tensions around legal interpretation during the late Second Temple period.
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  • 7
    Article
    Article
    In:  The Oxford Handbook of Biblical Law (2019)
    Language: English
    Year of publication: 2019
    Titel der Quelle: The Oxford Handbook of Biblical Law
    Angaben zur Quelle: (2019)
    Keywords: Bible Comparative studies ; Bible. Criticism, interpretation, etc. ; Code of Hammurabi ; Jewish law Biblical teaching ; Law History To 333 B.C. ; Assyro-Babylonian literature Relation to the Bible
    Abstract: Comparative studies between biblical law and the ancient Near Eastern collections of laws began after the publication of the Laws of Hammurabi in 1902. Biblical law appears to have a relationship to cuneiform law. Literary dependence of one text on another text presupposes that the borrower and the source had direct contact with each other. When and where did the ancient Israelites have such contact with the Laws of Hammurabi? Two periods and places have been proposed that ostensibly fit the situation. Neither of the two examples often referred to by scholars as examples of the relationship of the Covenant Code to the laws of Hammurabi can be considered a translation of the Laws of Hammurabi by the Covenant Code. Although the protases are quite similar, they are not identical; and the apodoses which contain the penalties are different. A logical conclusion is that the penalties appearing in the Covenant Code reflect Israelite conceptions.
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  • 8
    Article
    Article
    In:  The Oxford Handbook of Biblical Law (2019) 367-382
    Language: English
    Year of publication: 2019
    Titel der Quelle: The Oxford Handbook of Biblical Law
    Angaben zur Quelle: (2019) 367-382
    Keywords: Judaism History To 70 A.D. ; Jewish law History ; Jewish law in post-biblical literature ; Law History ; Eretz Israel History To 70 A.D.
    Abstract: The Torah of Moses was recognized as the ancestral law of Judah from the time of Ezra. Its status was revoked briefly by Antiochus Epiphanes. In the Hasmonean era there was a turn to intensive halakhic discussion, attested in the Dead Sea Scrolls. This was a factor in the rise of sectarianism. The papyri from the early second century ce take a flexible attitude to laws, drawing on Jewish or Roman law as seemed advantageous. The literature from the Hellenistic Diaspora treats the law broadly as a summary of Jewish tradition. Despite some claims that the law functioned as a civic law in the Diaspora, there are only a few instances in the papyri where Jews base appeals on Jewish law, and we do not know what the judges decided in those cases.
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  • 9
    Article
    Article
    In:  The Oxford Handbook of Biblical Law (2019) 7-18
    Language: English
    Year of publication: 2019
    Titel der Quelle: The Oxford Handbook of Biblical Law
    Angaben zur Quelle: (2019) 7-18
    Keywords: Bible Criticism, interpretation, etc. ; Covenant theology Biblical teaching ; Treaties ; Assyro-Babylonian literature Relation to the Bible
    Abstract: No ancient Near Eastern parallels exist for the presentation of civil and criminal law as clauses attaching to a covenant, established between a God and a people or nation. In the Hebrew Bible, this conception is widespread. In particular, the Covenant Code (Exod. 21–23), the Holiness Code (Lev. 17–25), and the Deuteronomic Code (Deut. 12–26) all—though in different ways—pretend to draw their force from a covenant between YHWH and Israel. The present chapter explores the notion of covenant and the various elaborations of covenant theology. It is suggested that the combination of law and covenant was first established in Exodus 19–24, and that the other law codes adopted the idea, together with an important number of laws (more in the case of Deuteronomy than in the Holiness Code), from there.
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  • 10
    Article
    Article
    In:  The Oxford Handbook of Biblical Law (2019) 59-78
    Language: English
    Year of publication: 2019
    Titel der Quelle: The Oxford Handbook of Biblical Law
    Angaben zur Quelle: (2019) 59-78
    Keywords: Bible. Criticism, interpretation, etc. ; Women Biblical teaching ; Slaves in the Bible ; Children Biblical teaching ; Strangers Religious aspects ; Judaism ; Jewish law Biblical teaching
    Abstract: This chapter examines the treatment of women, children, slaves, and foreigners in biblical law, focusing on a few topics related to each of these groups that highlight some methodological issues and current debates within the field. Topics covered include the adultery and rape laws, deviant behavior by children and its punishment, the slavery manumission laws, the case of the daughter sold into slavery in Exodus 21:7–11, and the identity and status of the ger in biblical law. Some of the issues discussed in the context of these topics are the relationship between the content of the legal collections and law as it was actually practiced in ancient Israel and the relative dating of each of the legal collections and the relationship between them.
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