Law in the Hebrew Bible

What is the purpose of biblical law?

Law is the largest genre in the Torah, which is the first and, for Jews, the most important part of the Bible. God’s giving of the laws to Israel is the central event in the Torah. In the biblical view, rules and laws are essential to interaction between God and his first human creatures; they are built into the conditions God set for human life from the beginning. In his first statement after placing the newly created human in the Garden of Eden, God forbids him to eat from the tree of knowledge of good and bad; and the violation of that command causes Adam and Eve to be expelled from the garden (Genesis 2–3). The story suggests that the drive to know good and bad, or right and wrong, was inherent in humanity from the very beginning. The first murder soon follows. Cain killed Abel and was punished with banishment from the land and from God’s presence (Genesis 4:11–14). After the flood, God explicitly forbade murder, decreeing it a capital offense (Genesis 9:5–6). Thus, very early in human history, human life is proclaimed sacrosanct, and the law punishing murder is established.

The very origin of Israel and its raison d’être are intimately linked with acting justly and adhering to the law. God singles out Abraham so that “he may instruct his children and his posterity to keep the way of the Lord by doing what is just and right, in order that the Lord may bring about for Abraham what He promised him” (Genesis 18:19)—implying that God’s promises to Israel are contingent on obedience. After the exodus, God gives Israel detailed laws as part of the covenant that God established with them at Mount Sinai. Psalm 105 sees the exodus from Egypt and the settlement in the Promised Land as having occurred so that Israel “might keep His laws and observe His teachings” (Psalm 105:44–45). Much of the Bible tells of Israel’s failure to obey God’s laws, a failure that is seen as the reason why many troubles came upon Israel, culminating in the destruction of the Temple and the exile to Babylonia. Even so, Israel is always called to return to obedience. In sum, law, and the principles that undergird it, dominates all areas of life in Israel and pervades biblical thought.

What role does justice play in biblical law?

The Bible expresses a strong principle of justice: “Justice, justice shall you pursue” (Deuteronomy 16:20). The rule of law should prevail; society should be governed justly. To achieve this goal, the laws are to be taught to the entire people, not just to government officials and legal specialists.

The Bible’s idea of justice does not mean that everyone was treated equally. Such a modern idea is not found in the ancient world. Legal rights depended on one’s status—male or female, Israelite or foreigner, free person or slave. But although those rights were not all the same, the rights of all persons were protected. Women were socially unequal to men and legally subordinate to them in certain, but not all, areas of life. Women did not normally hold property, and a husband could annul the vow of his wife. And yet the laws require children to honor both their father and mother, and the punishment for injuring or killing a man or a woman was the same. Servitude was permitted. Only foreigners could be owned for life. Israelites could not be held against their wishes beyond a term of six years (Exodus 21:2–6; Deuteronomy 15:12–18) or the jubilee (fiftieth) year (Leviticus 25:39–55); they were in essence indentured servants, although both types of servant are called by the same term (eved, translated as “slave”). The underlying cause of indentured servitude was poverty. An indigent person might indenture himself or a member of his household in return for support or to repay a debt. An indigent father might sell his minor daughter, apparently for marriage or concubinage (Exodus 21:7–11). A convicted thief who could not make restitution was sold by the court to raise the money to pay what he owed. The law required humane treatment of all slaves—Israelites and foreigners alike (Exodus 21:20–21, 26–27; Deuteronomy 15:13–14).

Because Israel was enjoined to remember its experience as slaves in Egypt, the laws are pervaded by a concern for the weak and disadvantaged members of society, particularly slaves, widows, orphans, resident aliens, and the poor.