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Treaties in Tanakh and the Ancient Near East

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Treaties in Tanakh

The term ברית appears 284 times in Tanakh.  At times, it refers to treaties between individual people or countries, such as the treaties between Avraham and Avimelekh, Shelomo and Hiram, or Achav and Ben Hadad.  At other times it refers to a covenant between Hashem and man, such as Hashem's covenant with Noach, Avraham, or the nation of Israel. 

These covenants/treaties fall into two main categories:

• Promissory treaties – In these, the more powerful party unconditionally promises something or obligates themselves to the less powerful party.  An example would be Hashem's unconditional promises to Avraham or David. 
•  Obligatory treaties – These treaties, in contrast, are conditional on the fulfilling of certain conditions.  These include both suzerainty treaties in which a vassal is expected to unilaterally fulfill the stipulations of the treaty in obedience to a master (suzerain), and parity agreements where two equal parties agree to obey the same set of conditions. Hashem's covenant with Israel exemplifies the former, while Yaakov and Lavan's treaty illustrates the latter.

Treaties in the Ancient Near East

Archaeological finds have revealed many treaties from the ancient Near East which have much in common with their Biblical counterparts.  As such, they both shed light on specific aspects of Biblical covenants and serve to highlight some of their unique features.

Second millennium treaties have been found relating to many countries including Egypt, Assyria, Mari, and Babylonia, but it is the Hittite suzerainty treaties which are most significant for Biblical studies, as they seem to be the most similar to Biblical covenants.¹ The various treaties tend to share the same basic elements:²

• Preamble – This section introduced the person who composed the treaty, giving his title and attributes.³
• Historical introduction – This prologue recounted the events leading up to the decision to make the covenant.  These often focused on the benefits bestowed by the suzerain on his vassal, providing the basis for the expectation of obedience.⁴
• Stipulations– These included both general and specific obligations of the vassal to his overlord.⁵
• Deposition and Public Reading – In several treaties,⁶ provisions for depositing the treaty in the temple (of both the vassal and suzerain) and for periodic public readings thereof were laid forth.⁷ 
• Divine witnesses – Various gods and the natural elements (perhaps also perceived as deities) were called upon to witness the treaty, and sometimes to  punish those who did not keep its terms⁸
• Curses and Blessings – The treaties ended with a list of curses and benedictions.

In addition to the above, there was often also an oath of acceptance by the vassal and some sort of ratification ceremony, often involving sacrifices.

¹ A significant number of these have been discovered and they tend to better preserved than others. Some have survived as almost complete documents, making them a very useful resource.  The treaties were found in two main archives, at the ancient capital of the Hittites, Hattusas, and at Ugarit, modern day Ras Shamra. 

² Not every treaty contains all the elements listed, nor do they always preserve the order presented below, but as a whole the treaties appear to share this same basic format. [Many of the non-Hittite treaties have a similar form as well.] The basic sections were first noted by Viktor Korosec, in his article, Hethitische Staatsverträge, ein Beitrag zu ihrer juristischen Wertung, Leipziger rechtswissenschaftliche Studien, vol. 60 (1931): 12–14. G. Mendenhall built off his work in his article, "Covenant Forms in Israelite Tradition," Biblical Archaeologist 17 (1954): 50-76, where he highlighted the importance of the Hittite treaties for Biblical study.  Many scholars have since discussed the common form of the treaties, though they differ regarding some of the specifics.

³ Thus, for example in a Hittite treaty between Muršilis and Duppi-Tešub, we read, "These are the words of the Sun Muršilis, the great king, the king of the Hatti land, the
valiant, the favorite of the Storm-god, the son of Šuppiluliumas, the great king, the king of the Hatti land, the valiant."

⁴ For example, see the prologue in the Treaty Between Mursilis and Duppi-Tessub of Amurru.

⁵ Though these vary from treaty to treaty, some common duties included the payment of tribute, provision of military aid, and extradition of fugitives. Often, the vassal's borders were also delineated.

⁶ This element is not as widespread as the others.  An example can be found in the Treaty Between Suppiluliumas and Kuriwaza. 

⁷ While deposition in a shrine might have served to sanctify the treaty (and invite Divine vengeance on disloyal vassals), the periodic reading probably served the practical function of ensuring that the entire populace was familiar with the treaty's stpiulations.

⁸ See the invocation of the gods in theTreaty Between Mursilis and Duppi-Tessub of Amurru and the Treaty Between Suppiluliumas and Kuriwaza.