ANE:Treaties in Tanakh and the Ancient Near East/0
Treaties in Tanakh and the Ancient Near East
Overview
Archaeological finds have revealed many treaties from the ancient Near East which share much in common with their Biblical counterparts. As such, these documents can shed light on specific aspects of the Biblical examples which are otherwise obscure or overlooked. At the same time, the differences between the protocols and content of the treaties serve to highlight some of the unique features of Israelite treaties, and especially of Hashem's covenant with the nation.Treaties in Tanakh
The term ברית appears 284 times in Tanakh, suggesting that a significant number of relationships in Tanakh are covenantal in nature. In some cases, the term refers to treaties between individual people or countries, such as the treaties between Avraham and Avimelekh, Shelomo and Chiram, 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.1
- Obligatory treaties – These treaties, in contrast, are conditional on the fulfilling of certain stipulations. These include both suzerainty treaties between unequal parties, in which a vassal is expected to fulfill the treaty's conditions in obedience to an overlord (who, in turn, might promise protection or the like), 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
Second and first millennium (BCE) treaties have been found involving many countries including Egypt, Assyria, Mari, and Babylonia. However, the vast majority of discoveries stem from two eras and locales: the Hittite kingdom of Anatolia (15th-13th c. BCE),2 and the Neo-Assyrian Empire (8th-7th c. BCE). Both show significant similarities to Biblical covenants, though it is the parallels to the Hittite suzerain treaties which will constitute the main focus of this topic.3 These treaties tend to share the same six basic elements:4
- Preamble – The opening introduced the person who composed the treaty, giving his title and attributes.5
- Historical introduction – The 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.6
- Stipulations– These included both general and specific obligations of the vassal to his overlord. Though these vary from treaty to treaty, some common duties included the payment of tribute, provision of military aid, and extradition of fugitives. The subordinate king was also often prohibited from entering into alliances with kings other than the sovereign.
- Deposition and Public Reading – In several treaties,7 provisions for depositing the treaty in the temple (of both the vassal and suzerain) and for periodic public readings thereof were laid forth.8
- 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 terms9
- Curses and Blessings – The treaties usually 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, involving blood sacrifices.
Points of Contact: Covenantal Form
I. Shared Format – The treaty format described above has clear echoes in Tanakh. The most striking parallel is Hashem's covenant with the Nation of Israel. In each of the three covenants, the original in Sinai (Shemot 19-24), its confirmation in Moav (Sefer Devarim), and Yehoshua's renewal thereof in Shekhem (Yehoshua 24), many of the above components appear:
- Covenant at Sinai – The Decalogue opens with a short preamble and historical prologue as Hashem introduces Himself: "אָנֹכִי י"י אֱלֹהֶיךָ אֲשֶׁר הוֹצֵאתִיךָ מֵאֶרֶץ מִצְרַיִם מִבֵּית עֲבָדִים."10 The next 11 verses lists various stipulations, including the prohibition against other gods,11 imperative to keep the Sabbath, and interpersonal directives.12 In contrast to Hittite treaties, the Sinai covenant does not conclude with the calling of Divine witnesses and a list of blessings and curses. The latter are instead embedded into the stipulations13 while the former are replaced by the tablets (לֻחֹת הָעֵדֻת) and the ark (אֲרוֹן הָעֵדוּת) who themselves serve as testimony to the covenant. Shemot 24 describes the nation's ratifying of the covenant with an oath of obedience ("נַעֲשֶׂה וְנִשְׁמָע"), sprinkling of blood, and sacrificial meal. Finally, Hashem commands that the tablets be housed in the Mishkan (Shemot 25).
- Covenant in Moav – Sefer Devarim as a whole can also be seen to follow the treaty pattern. Chapters 1-3 constitute the historical prologue, Chapters 4-26 include the various stipulations, while Chapters 27-28 list the various blessings and curses. The following chapters discuss the covenantal oath (29:8-14), directive to read the covenant every seven years (31:10-13),14 deposition of the ברית near the Ark of the Covenant (31:24-26) and witnesses in the form of the heavens and earth (30:19, 31:28ff).
- Covenant in Shekhem – Yehoshua's renewal of the covenant in Yehoshua 24 follows the same general format. After introducing the speaker (2a) , verses 2b-13 review various benevolent deeds done by Hashem for the nation throughout their history. Verses 14-15 stipulate exclusive worship of Hashem, while verses 19-20 warn that disobedience will result in calamity. The nation promises obedience (24:16-18, 21) and are themselves set up at witnesses to the covenant (24:20), alongside a monumental stone erected as testimony (24:26-27).
Unique Features
Despite the overall similarity in form, certain features stand out in the Biblical covenants:
- Stipulations – In all ancient near eastern treaties the conditions laid forth are aimed solely at the benefit of the overlord and never deal with the interpersonal behavior of the members of the vassal state. Hashem's covenant is thus unique in that He expects His vassals to observe laws not only aimed at Him but also their fellow man.
- Witnesses – Since monotheistic belief in Hashem precludes the existence of other gods, no individual deities are called as witnesses and substitutes in the form of natural elements, the people themselves, and stones are found.
- Deposition in Mishkan – Ancient near eastern treaties were written in duplicate, with a copy to be placed in the temple of the gods of both the sovereign and vassal. In Tanakh, as well, there were two tablets made, but since the sovereign and Deity are one and the same, both copies were deposited in the Mishkan. [According to this theory each tablet contained all ten utterances, and not five as is commonly suggested.]15
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