Ancient Near Eastern Index – Parashat Mishpatim/0

Ancient Near Eastern Index – Parashat Mishpatim

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Treaties

• Archaeological finds have revealed many treaties from the Ancient Near East which have much in common with their Biblical counterparts. Many of the treaties found share certain set elements including: a preamble introducing the parties to the treaty, a historical introduction, the treaty stipulations, provisions for public reading of the treaty, divine witnesses, and curses and blessings. These components have clear echoes in the treaties of Tanakh, including that of Sinai, Moav and Shekhem. For discussion, see Treaties in Tanakh and the Ancient Near East.

Law: General

• See M. Greenberg, Some Postulates of Biblical Criminal Law, for contrasts between the underlying values of Biblical law and laws of surrounding Ancient Near Eastern cultures, and the ramifications of these differences in laws relating to adultery, murder, and vicarious punishment. Greenberg demonstrates that Biblical law is unique in identifying God, rather than the king, as its source. Consequently, adultery is viewed by Tanakh as a sin against God, not simply an affront against the husband. Similarly, the sanctity of human life, and its incomparability to the value of property, is a basic premise of Biblical law but not of other ancient law codes. Tanakh is also unique in prohibiting vicarious punishment. All of these differences derive from the belief that law derives from God’s will, and the corresponding notion of sanctity in the legal context.
• See Tanakh and the Literature of the Ancient Near East I and Tanakh and the Literature of the Ancient Near East II, by R. Amnon Bazak, for comparison and contrast of Biblical and Ancient Near Eastern law in general. He, too, notes that a fundamental difference between the two is that Tanakh views law as deriving from the will of Hashem rather than that of the king, which leads to many practical ramifications.  Among these are that Tanakh includes apodictic laws such as those of the Ten Commandments, whereas Ancient Near East laws are consistently expressed casuistically.  
• See The Torah and Ancient Near Eastern Law Codes which analyzes points of contact and difference between the various law codes, noting that the variations reflect both the different underlying values and principles of the cultures, and their different conceptions of justice and punishment. While the Torah attempts to lay forth principles of right and wrong and to set up a just society, the primary goal of the other codes is to preserve law and order. The topic also includes a case study comparing the laws of the goring ox in various codes.
• See Biblical and Cuneiform Law Codes, by Raymond Westbrook, for information about the Ancient Near East law codes that have survived and analysis of their nature and purpose. 
• See M. Greenberg, Some Postulates of Biblical Criminal Law, for contrasts between the underlying values of Biblical law and laws of surrounding Ancient Near Eastern cultures, and the ramifications of these differences in laws relating to adultery, murder, and vicarious punishment.  Greenberg demonstrates that Biblical law is unique in identifying God, rather than the king, as its source.  Consequently, adultery is viewed by Tanakh as a sin against God, not simply an affront against the husband.  Similarly, the sanctity of human life, and its incomparability to the value of property, is a basic premise of Biblical law but not of other ancient law codes.  Tanakh is also unique in prohibiting vicarious punishment. All of these differences derive from the belief that law derives from God’s will, and the corresponding notion of sanctity in the legal context.    

Idolatry

• See Idolatry, by Moshe Halbertal and Avishai Margalit, for a comprehensive analysis of paganism from the perspective of monotheistic religions, with a focus on Judaism.
• See The Biblical Idea of Idolatry, by Jose Faur, for information about Ancient Near Eastern notions of idolatry and Tanakh’s rejection of idolatrous beliefs. This article briefly outlines and rejects Yehezkel Kaufmann’s theory that “Israel was totally unaware of the nature of pagan beliefs.” Kaufmann’s The Religion of Israel is available here.

Theft and Kidnapping

• See The Meaning of Theft in Ancient Near Eastern Law, by Hossein Badamchi, for analysis of different types of theft and their punishments in ancient law codes, including kidnapping.