Exodus 21-23:9

[Josh]

8/3/06:

Because Exodus/ Leviticus/ Numbers/ Deuteronomy don't go in strict chronological order from this point on (the Israelites receiving the law on Mt. Sinai), there is a lot of overlap in their subject matter. So from here on I'll try to post parallel passages in Lev./ Num./ Deut. so you can read those along with the chapters in Exodus for further detail.

Exodus 21-23:9 is all about social/ civil/ moral laws for Israel. Here are other similar passages in the Pentateuch:

On civil/ moral law in general (sexuality, marriage, murder, accidental death, property rights, etc..):

Deuteronomy 15:12-18, Leviticus 25:39-55 Leviticus 18 and 19:1-4,9-18, Numbers 5, Deuteronomy 18:9-13, Deuteronomy 21:1-9, Deuteronomy 21:10-25:16.

On punishment for breaking the law:

Leviticus 20 and 24:10-23, Deuteronomy 19:15-21.

(Note: not an exhaustive list, and I specifically left out anything having to do with ceremonial law and/ or cities of refuge, which we'll get to later)

The most common questions/ perplexities you guys observed in these civil law passages regarding two things basically:

-the nature of slavery/ servitude in the Old Testament

-the severity of the proscribed punishments (stoning, etc.)

[Josh]

Revised 9/8/06

These chapters touch on "servants"- opening up a larger discussion on slavery/ servanthood in the OT. Honestly, there are a lot of details we just don't have about how all this worked in ancient Israel, but here are some basic points to keep in mind.

1. Three legal ways of becoming a servant: certain criminal activity (see Exodus 22:2-3 as an example), being a foreigner captured in warfare, or being sold (or selling yourself) because of financial debt.

2. Hebrews who were sold or sold themselves because of poverty/ debt were to be treated as paid servants (not as slaves) with expanded rights, such as being released on the seventh year and/or every 50th Hebrew year (Exodus 21:2, Lev 25: 8-12, 39-43) This was like the ancient equivalent of social security (of course way less pleasant)-- without this these people would have perished. Non-Hebrews, however, could be bought and sold as slaves for life (Lev 25: 44-46).

3. In ancient societies, servitude for criminals and POWs fulfilled the role of the modern prison-term (and was arguably preferable over death when defeated in war-- at least if the Israelites were following the law here).

4. Numerous laws granted servants certain rights of renumeration for abuses (21:2-11, 20-21, 26-27, for example). In other words, 'masters' weren't to be allowed to treat servants 'however they wanted'.

5. OT "slavery" was not racially based (as in singling out some specific race), but nationalistically based and the result of economic, military, and criminal justice considerations. You find a somewhat similar situation in the New Testament Roman world, but without such generous laws as are set forth here.

6. The kidnapping of people to sell as slaves was expressly forbidden by Mosaic Law and punishable by death:
Exodus 21:16.

6. Although these laws provide for 'ways out' and some protection for servants, the unfortunate fact is that the Hebrews seem to have frequently disregarded these laws in defiance of God and acted like the nations around them.

7. Lastly, note the tone of the Mosaic law toward the servant:

Deuteronomy 15:

12 If a fellow Hebrew, a man or a woman, sells himself to you and serves you six years, in the seventh year you must let him go free. 13 And when you release him, do not send him away empty-handed. 14 Supply him liberally from your flock, your threshing floor and your winepress. Give to him as the LORD your God has blessed you. 15 Remember that you were slaves in Egypt and the LORD your God redeemed you. That is why I give you this command today.

Contrary to a black and white dichotomy between the Old Covenant and the New, the Mosaic law quite often exhorts the reader to go beyond the 'letter of the law'.

P.S.:

Remember, also, with no welfare system as we know it, the options for the destitute were much more limited in the ancient world. Considering the stark possibility of starving to death or being killed by enemies you can't defend yourself against, servanthood takes on a somewhat more benign light (note I'm talking servanthood here, not necessarily to be confused with slavery)

[Josh]

9/5/06:

Although Exodus doesn't address sex in this section of civil law, several other sections in the Pentateuch do. Since I'm not sure whether we're going to have a forum for Leviticus- Deuteronomy, I'll post a summary of laws related to sexual behavior:

Forbibben by Mosaic Law:

Incest (with biological relatives or legal relatives)

Rape

Homsexual Sex

Bestiality

Adultery

Sex outside of Marriage

Sex During the Menstrual Period

Cross-dressing

Most of these are punishable by death

(see Leviticus 18, Numbers 5:11-31, Deuteronomy 22:13-30, Deuteronomy 22:5)

[Josh]

9/13/06:

Punishment for serious infractions of the Mosaic Law was death by stoning.

Lesser infractions typically involved fines and/or public humiliation of some kind, and in some cases servitude.

See these passages for examples: Leviticus 20 and 24:10-23, Deuteronomy 19:15-21

Other considerations:

No jails

Keep in mind that long-term prison sentences were simply not a viable option in the ancient world. This may partly explain the severity of proscribed punishments (although the severity of punishments has other very important signficant meanings as well, I'd argue).

Death Penalty?

For more on the topic of a Christian view on the Death Penalty, jump over to the Ponderings Forum for a lively debate:

www.aletheia.proboards76.com/index.cgi?board=ponderings&action=display&thread=1171167139