All Bible translations are in the NRSV unless otherwise noted.
This verse–read literally–would seem to indicate that all mention of idolatrous names are prohibited:
12 Six days you shall do your work, but on the seventh day you shall rest, so that your ox and your donkey may have relief, and your homeborn slave and the resident alien may be refreshed. 13 Be attentive to all that I have said to you. Do not invoke the names of other gods; do not let them be heard on your lips. 14 Three times in the year you shall hold a festival for me. (Exodus 23:13 emphasis mine)
However, there are a few questions to ask:
1 Are there punishments for violations of this commandment?
2 Did this command apply to foreigners?
3 What does this command mean?
Not All Commandments Have Punishments
The Torah is known for having some harsh punishments but a lot of commands have no punishment–specifically you can make the case that only some of the negative commands have punishments and none of the positive commands have punishments. The ones that do appear to have punishments are really just a lack of obtaining the benefit gained from the command.
This Commandment Does Not Apply to Foreigners
It should also come as no surprise that some foreigners are explicitly permitted to break laws without punishments–an example–eating something that dies of itself:
The fat of an animal that died or was torn by wild animals may be put to any other use, but you must not eat it. (Leviticus 7:24)
You shall be people consecrated to me; therefore you shall not eat any meat that is mangled by beasts in the field; you shall throw it to the dogs. (Exodus 22:31)
It’s interesting in one verse it is thought to not be fit for human consumption (something that is only thrown to the dogs) but if there are aliens that disagree with that idea they can still partake in it.
You shall not eat anything that dies of itself; you may give it to aliens residing in your towns for them to eat, or you may sell it to a foreigner. For you are a people holy to the Lord your God. You shall not boil a kid in its mother’s milk. (Deuteronomy 14:21)
I’m not arguing for moral relativism, I think all of God’s commands are good, I just think for practical purposes you couldn’t expect foreigners to follow a lot of the commands when they had not heard of them and it was not the Israelite’s domain of authority to make sure the foreigners obeyed them. Foreigners were given freedom in many regards, however there are some exceptions:
This shall be a statute to you forever: In the seventh month, on the tenth day of the month, you shall deny yourselves, and shall do no work, neither the citizen nor the alien who resides among you. (Leviticus 16:29)
All persons, citizens or aliens, who eat what dies of itself or what has been torn by wild animals, shall wash their clothes, and bathe themselves in water, and be unclean until the evening; then they shall be clean. (Leviticus 17:15)
These laws give strong indication that not all the laws in the Torah apply to, or should be, enforced on aliens–otherwise why would it need to specify that laws applied to both? There is also some leeway with certain types of commands–for instance I think Lev 17:15 indicates that a foreigner can become unclean just like a native but no one is required to be clean–only with regards to interacting with the temple/tabernacle.
There are places where it says “the same law shall be for a foreigner and a native” however if we take this literally it would contradict with the laws about foreigners versus native servants and the laws about lending at interest to foreigners and natives in the land:
35 If any of your kin fall into difficulty and become dependent on you, you shall support them; they shall live with you as though resident aliens. 36 Do not take interest in advance or otherwise make a profit from them, but fear your God; let them live with you. 37 You shall not lend them your money at interest taken in advance, or provide them food at a profit. 38 I am the Lord your God, who brought you out of the land of Egypt, to give you the land of Canaan, to be your God.
39 If any who are dependent on you become so impoverished that they sell themselves to you, you shall not make them serve as slaves. 40 They shall remain with you as hired or bound laborers. They shall serve with you until the year of the jubilee. 41 Then they and their children with them shall be free from your authority; they shall go back to their own family and return to their ancestral property. 42 For they are my servants, whom I brought out of the land of Egypt; they shall not be sold as slaves are sold. 43 You shall not rule over them with harshness, but shall fear your God. 44 As for the male and female slaves whom you may have, it is from the nations around you that you may acquire male and female slaves. 45 You may also acquire them from among the aliens residing with you, and from their families that are with you, who have been born in your land; and they may be your property. 46 You may keep them as a possession for your children after you, for them to inherit as property. These you may treat as slaves, but as for your fellow Israelites, no one shall rule over the other with harshness. (Leviticus 25:35-46 emphasis mine) 
In addition “the same law shall be for a foreigner and a native” is only said in the context of certain laws:
48 If an alien who resides with you wants to celebrate the passover to the Lord, all his males shall be circumcised; then he may draw near to celebrate it; he shall be regarded as a native of the land. But no uncircumcised person shall eat of it; 49 there shall be one law for the native and for the alien who resides among you.(Exodus 12:48-49)
21 One who kills an animal shall make restitution for it; but one who kills a human being shall be put to death. 22 You shall have one law for the alien and for the citizen: for I am the Lord your God. 23 Moses spoke thus to the people of Israel; and they took the blasphemer outside the camp, and stoned him to death. The people of Israel did as the Lord had commanded Moses. (Leviticus 24:22)
28 And the priest shall make atonement before the Lord for the one who commits an error, when it is unintentional, to make atonement for the person, who then shall be forgiven. 29 For both the native among the Israelites and the alien residing among them—you shall have the same law for anyone who acts in error. 30 But whoever acts high-handedly, whether a native or an alien, affronts the Lord, and shall be cut off from among the people. (Numbers 15:28-30)
14 An alien who lives with you, or who takes up permanent residence among you, and wishes to offer an offering by fire, a pleasing odor to the Lord, shall do as you do. 15 As for the assembly, there shall be for both you and the resident alien a single statute, a perpetual statute throughout your generations; you and the alien shall be alike before the Lord. 16 You and the alien who resides with you shall have the same law and the same ordinance. (Numbers 15:14-6)
13 But anyone who is clean and is not on a journey, and yet refrains from keeping the passover, shall be cut off from the people for not presenting the Lord’s offering at its appointed time; such a one shall bear the consequences for the sin. 14 Any alien residing among you who wishes to keep the passover to the Lord shall do so according to the statute of the passover and according to its regulation; you shall have one statute for both the resident alien and the native. 15 On the day the tabernacle was set up, the cloud covered the tabernacle, the tent of the covenant; and from evening until morning it was over the tabernacle, having the appearance of fire. (Numbers 9:14)
Exodus 23:13 Means to Not Worship Other Gods
First lets agree on one thing, Exodus 23:13 cannot be taken as it is literally read:
Be attentive to all that I have said to you. Do not invoke the names of other gods; do not let them be heard on your lips. (Exodus 23:13)
There are multiple places where the titles of other gods are mentioned in the Torah such as “Baal” Jdg 2:11, Jdg 2:13, Jdg 3:7 etc . . . https://www.blueletterbible.org/lang/lexicon/lexicon.cfm?Strongs=H1168&t=KJV and “Baal” was indeed the name associated with that god because the Biblical writers replaced names that had “baal” in it with “bosheth” to signal a rejection of “baal.” 
So what does this mean?
Do not “invoke” the names
Hebrew is a language more focused on action than english. “To invoke” in English when associated with a god has the idea of “invoking to worship.” “Invoke” is a better translation of the word than the KJV has (“remember”) but even “to invoke” doesn’t give the idea that this word seems to be associated with action almost all the time: https://www.blueletterbible.org/lang/lexicon/lexicon.cfm?Strongs=H2142&t=KJV
5 The Lord descended in the cloud and stood with him there, and proclaimed the name, “The Lord.” 6 The Lord passed before him, and proclaimed,
“The Lord, the Lord, a God merciful and gracious, slow to anger, and abounding in steadfast love and faithfulness, 7 keeping steadfast love for the thousandth generation, forgiving iniquity and transgression and sin, yet by no means clearing the guilty, but visiting the iniquity of the parents upon the children and the children’s children, to the third and the fourth generation.”
8 And Moses quickly bowed his head toward the earth, and worshiped. (Exodus 34:5-8)
do not let them be “heard“
Even “heard” can mean “heed” or “pay attention” with your actions:
But they did not listen or incline their ear, to turn from their wickedness and make no offerings to other gods. (Jer 44:5)
17 And to the man he said,
“Because you have listened to the voice of your wife, and have eaten of the tree about which I commanded you, ‘You shall not eat of it,’ cursed is the ground because of you; in toil you shall eat of it all the days of your life; (Gen 3:17)
and Sarai said to Abram, “You see that the Lord has prevented me from bearing children; go in to my slave-girl; it may be that I shall obtain children by her.” And Abram listened to the voice of Sarai. (Gen 16:2)
And the angel of the Lord said to her,
“Now you have conceived and shall bear a son; you shall call him Ishmael, for the Lord has givenheed to your affliction. (Gen 16:11)
I would argue that none of this is about words or names but about actions and possibly worship. At most this restriction on speech would prevent you from “invoking” the name of another god in a worshipful way but it wouldn’t prevent you from talking about that god, the worship of that god, or possibly even advocating for such worship. There are other verses that imply that the “name on the lips” and “name being remembered” are indeed idioms for worship:
Be attentive to all that I have said to you. Do not invoke h2142 the names h8034 of other gods; do not let them be heard on your lips. h6310 (Exodus 23:13)
For I will remove the names of the Baals from her mouth, h6310 and they shall be mentioned h2142 by name h8034 no more. (Hosea 2:17)
On that day, says the Lord of hosts, I will cut off the names h8034 of the idols from the land, so that they shall be remembered h2142 no more; and also I will remove from the land the prophets and the unclean spirit. (Zechariah 13:2)
Another reason we can see this active worship interpretation is correct is because of the clear punishment for idolatry elsewhere and the fact that it only prohibits people advocating the worship of other gods “in secret” not openly:
6 If anyone secretly entices you—even if it is your brother, your father’s son or your mother’s son, or your own son or daughter, or the wife you embrace, or your most intimate friend—saying, “Let us go worship other gods,” whom neither you nor your ancestors have known, 7 any of the gods of the peoples that are around you, whether near you or far away from you, from one end of the earth to the other, 8 you must not yield to or heed any such persons. Show them no pity or compassion and do not shield them. 9 But you shall surely kill them; your own hand shall be first against them to execute them, and afterwards the hand of all the people. 10 Stone them to death for trying to turn you away from the Lord your God, who brought you out of the land of Egypt, out of the house of slavery. 11 Then all Israel shall hear and be afraid, and never again do any such wickedness.
12 If you hear it said about one of the towns that the Lord your God is giving you to live in, 13 that scoundrels from among you have gone out and led the inhabitants of the town astray, saying, “Let us go and worship other gods,” whom you have not known, 14 then you shall inquire and make a thorough investigation. If the charge is established that such an abhorrent thing has been done among you, 15 you shall put the inhabitants of that town to the sword, utterly destroying it and everything in it—even putting its livestock to the sword. 16 All of its spoil you shall gather into its public square; then burn the town and all its spoil with fire, as a whole burnt offering to the Lord your God. It shall remain a perpetual ruin, never to be rebuilt. 17 Do not let anything devoted to destruction stick to your hand, so that the Lord may turn from his fierce anger and show you compassion, and in his compassion multiply you, as he swore to your ancestors, 18 if you obey the voice of the Lord your God by keeping all his commandments that I am commanding you today, doing what is right in the sight of the Lord your God. (Deuteronomy 13:6-18 emphasis mine)
2 If there is found among you, in one of your towns that the Lord your God is giving you, a man or woman who does what is evil in the sight of the Lord your God, and transgresses his covenant 3 by going to serve other gods and worshiping them—whether the sun or the moon or any of the host of heaven, which I have forbidden— 4 and if it is reported to you or you hear of it, and you make a thorough inquiry, and the charge is proved true that such an abhorrent thing has occurred in Israel, 5 then you shall bring out to your gates that man or that woman who has committed this crime and you shall stone the man or woman to death. 6 On the evidence of two or three witnesses the death sentence shall be executed; a person must not be put to death on the evidence of only one witness. 7 The hands of the witnesses shall be the first raised against the person to execute the death penalty, and afterward the hands of all the people. So you shall purge the evil from your midst. (Deuteronomy 17:2-7)
This command does not prohibit speech except possibly the worship of a god by invoking his name. However, advocating for worship or speaking about the god may not have been prohibited. Even if it was this would only apply to natives not foreigners. In addition advocating for worship elsewhere is only prohibited if it is done in secret and not allowed to be evaluated by the community.
1 Are there punishments for violating this commandment? No
2 Did this command apply foreigners? No.
3 What does this command mean? Not to worship other gods and possibly not advocate for such.
 Just to clarify, I don’t think the word translated “advance” interest is talking about something different than regular interest, see the following:
Two Types of Interest?
The Hebrew term for interest, נֶשֶׁךְ (nešekh), appears in all three of the Torah’s legal collections prohibiting interest, and in Leviticus, it is paired with תַרְבִּית (see also Ezek 18:8, 13; Prov 28:8), which also means interest. This seeming redundancy has led many commentators to understand these terms as two different types of interest.
* NJPS translates נֶשֶׁךְ as “advanced interest” (i.e., paid at the time of the loan or earlier) and תַרְבִּית as “accrued interest” (i.e., paid upon the repayment of the loan or after).
* The Mishnah (Bava Metzia 5:1), however, understands נֶשֶׁךְ as an advance agreement that the borrower will pay back more than the amount of the original loan and תַרְבִּית as paying back the loan of one form of produce with another form of produce that has risen in value, that the borrower did not have on hand at the time of the deal.
Although the verse in Leviticus may very well be including more than one form of interest, it is unlikely that the inverse is the case, namely that Exodus and Deuteronomy meant to forbid only one form of interest. Instead, these sources probably meant נֶשֶׁךְ as a catch-all term for interest. In all three sources, the point appears to be that an Israelite should not apply the “bite” of interest to loans given to his poor brethren.
 Ishbosheth, also spelled Isboseth, also called Ishbaal, or Eshbaal, (flourished 11th century BC), in the Old Testament (II Samuel 2:8–4:12), fourth son of King Saul and the last representative of his family to be king over Israel (the northern kingdom, as opposed to the southern kingdom of Judah). His name was originally Ishbaal (Eshbaal; I Chronicles 8:33; 9:39), meaning “man of Baal.” Baal, which could mean “master,” was a title of dignity. Because the name came to be increasingly associated with Canaanite fertility gods, Hebrew editors later substituted bosheth, meaning “shame,” for baal.
Let start with some context. When the elders said to Paul “Thus all will know that there is nothing in what they have been told about you, but that you yourself observe and guard the law” (Acts 21:24) What this says (if you read the context) is the following:
1 Paul was not telling Jews to forsake the mosaic law
2 He was showing he was not doing this by his personal example of following the law
3 Paul himself observes and guards the law
It can be inferred from this that Paul thought the law was still valuable at least for Jews. What we have Paul say in 2 Corinthians 3 cannot contradict that. In addition Paul says that “For circumcision is indeed profitable if you keep the law; but if you are a breaker of the law, your circumcision has become uncircumcision.” (Romans 2:25) “we uphold the law” (Romans 3:31) “having in the law the embodiment of knowledge and truth” (Romans 2:20) “I delight in the law of God” (Rom 7:22) Paul connects sinning with being lawless and needing forgiveness: “Blessed are those whose lawless deeds are forgiven, And whose sins are covered” (Romans 4:7) To say the law is no longer relevant or truthful or defines what sin is at the time of Paul’s writing is to make Paul contradict himself.
Paul also says a covenant cannot be annulled and he often uses “law” as synonymous with “Sinai law” as he does in the following:
15 Brothers and sisters, I give an example from daily life: once a person’s will has been ratified, no one adds to it or annuls it. 16 Now the promises were made to Abraham and to his offspring; it does not say, “And to offsprings,” as of many; but it says, “And to your offspring,” that is, to one person, who is Christ. 17 My point is this: the law, which came four hundred thirty years later, does not annul a covenant previously ratified by God, so as to nullify the promise. 18 For if the inheritance comes from the law, it no longer comes from the promise; but God granted it to Abraham through the promise.
19 Why then the law? It was added because of transgressions, until the offspring would come to whom the promise had been made; and it was ordained through angels by a mediator. 20 Now a mediator involves more than one party; but God is one. 21 Is the law then opposed to the promises of God? Certainly not! For if a law had been given that could make alive, then righteousness would indeed come through the law. 22 But the scripture has imprisoned all things under the power of sin, so that what was promised through faith in Jesus Christ might be given to those who believe. (Gal 3:15-22)
However many people state that Paul declared an “end to the law.” This is a misconception that Jason Staples corrects in a comment on his blog referencing Romans 10:4. His response will give us context for interpreting 2 Corinthians 3:
Good question. This is a very difficult and controversial verse, as the word telos can mean a range of things, including “goal,” “end,” “culmination,” “climax,” etc.
I think the verse is best translated “For Christ is the culmination of the law for righteousness in everyone who trusts.”
What Paul’s referring to here is that Christ’s death and subsequent sending of the spirit has enabled righteousness in those who put their trust in Jesus, facilitating the righteousness the prophets had promised God would grant to Israel (e.g., Jeremiah 31:31–34, Ezek 36:24, Deut 30:1–10). That’s why he proceeds to explain that Jesus is the “one who does these things” and thereby lived by them—the resurrection is the proof that Jesus is the righteous one of the Torah, and it’s why he then quotes Deut 30 to explain that those who believed Israel needed to be sufficiently righteous to bring the messiah had things backwards—it’s not that Israel’s righteousness would bring the messiah, it’s that the messiah came to make Israel righteous.
Paul often uses the idea that the law brings death and knowledge of sin which allows Israel to accept grace and life under the new covenant. Paul seems to apply this idea to individuals in these passages using crucifixion as analogous with death and life in the new covenant as analogous with Israel’s and our righteousness/justification by faith. Essentially our failure to keep the law (similar to Israel) makes aware of our need for grace and allows us to be humble and accept it–we have faith in God and his grace and practice the law in thankfulness for being saved, rather than rely on the law itself:
For through the law I died to the law, so that I might live to God. I have been crucified with Christ; (Gal 2:19)
21 Is the law then opposed to the promises of God? Certainly not! For if a law had been given that could make alive, then righteousness would indeed come through the law. 22 But the scripture has imprisoned all things under the power of sin, so that what was promised through faith in Jesus Christ might be given to those who believe. 23 Now before faith came, we were imprisoned and guarded under the law until faith would be revealed. 24 Therefore the law was our disciplinarian until Christ came, so that we might be justified by faith. 25 But now that faith has come, we are no longersubject to a disciplinarian, 26 for in Christ Jesus you are all children of God through faith. 27 As many of you as were baptized into Christ have clothed yourselves with Christ. (Gal 3:21-26)
For the law brings wrath; but where there is no law, neither is there violation. (Romans 4:15)
12 Therefore, just as sin came into the world through one man, and death came through sin, and so death spread to all because all have sinned— 13 sin was indeed in the world before the law, but sin is not reckoned when there is no law. 14 Yet death exercised dominion from Adam to Moses, even over those whose sins were not like the transgression of Adam, who is a type of the one who was to come. 15 But the free gift is not like the trespass. For if the many died through the one man’s trespass, much more surely have the grace of God and the free gift in the grace of the one man, Jesus Christ, abounded for the many. 16 And the free gift is not like the effect of the one man’s sin. For the judgment following one trespass brought condemnation, but the free gift following many trespasses brings justification. 17 If, because of the one man’s trespass, death exercised dominion through that one, much more surely will those who receive the abundance of grace and the free gift of righteousness exercise dominion in life through the one man, Jesus Christ. 18 Therefore just as one man’s trespass led to condemnation for all, so one man’s act of righteousness leads to justification and life for all. 19 For just as by the one man’s disobedience the many were made sinners, so by the one man’s obedience the many will be made righteous. 20 But law came in, with the result that the trespass multiplied; but where sin increased, grace abounded all the more, 21 so that, just as sin exercised dominion in death, so grace might also exercise dominion through justification leading to eternal life through Jesus Christ our Lord. (Romans 5:12-21)
12 Therefore, do not let sin exercise dominion in your mortal bodies, to make you obey their passions. 13 No longer present your members to sin as instruments of wickedness, but present yourselves to God as those who have been brought from death to life, and present your members to God as instruments of righteousness. 14 For sin will have no dominion over you, since you are not under law but under grace. 15 What then? Should we sin because we are not under law but under grace? By no means! 16 Do you not know that if you present yourselves to anyone as obedient slaves, you are slaves of the one whom you obey, either of sin, which leads to death, or of obedience, which leads to righteousness? 17 But thanks be to God that you, having once been slaves of sin, have become obedient from the heart to the form of teaching to which you were entrusted, 18 and that you, having been set free from sin, have become slaves of righteousness. 19 I am speaking in human terms because of your natural limitations. For just as you once presented your members as slaves to impurity and to greater and greater iniquity, so now present your members as slaves to righteousness for sanctification. 20 When you were slaves of sin, you were free in regard to righteousness. 21 So what advantage did you then get from the things of which you now are ashamed? The end of those things is death. 22 But now that you have been freed from sin and enslaved to God, the advantage you get is sanctification. The end is eternal life. 23 For the wages of sin is death, but the free gift of God is eternal life in Christ Jesus our Lord. (Romans 6:12-23)
4 In the same way, my friends, you have died to the law through the body of Christ, so that you may belong to another, to him who has been raised from the dead in order that we may bear fruit for God. 5 While we were living in the flesh, our sinful passions, aroused by the law, were at work in our members to bear fruit for death. 6 But now we are discharged from the law, dead to that which held us captive, so that we are slaves not under the old written code but in the new life of the Spirit. 7 What then should we say? That the law is sin? By no means! Yet, if it had not been for the law, I would not have known sin. I would not have known what it is to covet if the law had not said, “You shall not covet.” 8 But sin, seizing an opportunity in the commandment, produced in me all kinds of covetousness. Apart from the law sin lies dead. 9 I was once alive apart from the law, but when the commandment came, sin revived 10 and I died, and the very commandment that promised life proved to be death to me. 11 For sin, seizing an opportunity in the commandment, deceived me and through it killed me. 12 So the law is holy, and the commandment is holy and just and good. (Romans 7:4-12)
Commentary on 2 Corinthians 3
1 Are we beginning to commend ourselves again? Surely we do not need, as some do, letters of recommendation to you or from you, do we?
I think David Guzik said it well on enduringword.com:
a. Epistles of commendation: Such letters were common and necessary in the early church. A false prophet or apostle could travel from city to city and easily say, “Paul sent me, so you should support me.” To help guard against problems like this, letters of recommendation were often sent with Christians as they traveled.
2 You yourselves are our letter, written on our hearts, to be known and read by all; 3 and you show that you are a letter of Christ, prepared by us, written not with ink but with the Spirit of the living God, not on tablets of stone but on tablets of human hearts. 4 Such is the confidence that we have through Christ toward God. 5 Not that we are competent of ourselves to claim anything as coming from us; our competence is from God, 6 who has made us competent to be ministers of a new covenant, not of letter but of spirit; for the letter kills, but the Spirit gives life.
3 . . . you are a letter of Christ: Letters of commendation are good but we having living commendations: you! (kal-vahomer)
5 Not that we are competent of ourselves to claim anything as coming from us; our competence is from God: We do not rely on ourselves for commendation just as we do not rely on ourselves to keep the letter of law (Sinai) to save us. We rely on Christ for commendation just as we rely on Christ to make Israel able to keep the law. Paul is using this an analogy to “works of the law” (an Essene teaching of purity and that keeping certain works distinguishes and saves you) compared with a soteriology of grace: the law simply makes you aware that you need to be saved so that you do works out of thankfulness to God for his grace.
6 . . . To be ministers of a new covenant, not of letter but of spirit; for the letter kills, but the Spirit gives life: The ministration of the law would bring death on its own since Israel broke Sinai just like a works of the law soteriology. However, Christ enables us to achieve the blessings of Sinai–life–by enabling Israel to keep the law by writing it on our hearts through the holy spirit (a down-payment of the coming fullness of the promises of Abraham)–a soteriology of grace. In fact, in the dead sea scrolls the “new covenant” refers to “the exact interpretation of the law” of the law. ( see: https://oxford.universitypressscholarship.com/view/10.1093/acprof:oso/9780199592104.001.0001/acprof-9780199592104-chapter-4 )
To quote from the book:
The oldest reference to the new covenant (CD 6:19) occurs in a document that is essentially a list of precepts (CD 6:19) occurs in a document that is essentially a list of precepts (CD 6:11-7:4) followed by a hortatory epilogue (CD 7:4-8:3). The way in which a number of the precepts are formulated indicates that their function was to server a reminders of points in a more detailed body of legal material, namely, the laws contained in CD 9-16. Thus, for example, the admonition ‘Keep the sabbath day according to its exact rules’ (CD 6:18) is meaningless without the precise legislation of CD 10:14-11-18. This legislation mentions two other covenants, the ‘covenant of Abraham’ (CD 12:11) and the ‘covenant which Moses concluded with Israel’ (CD 15:8-9). The relationship between these two covenants need not detain us here; it has been discussed thoroughly by R. F. Collins. What is important is the relationship between the Mosaic covenant and the new covenant.
The context of the allusion to the Mosaic covenant furnishes a partial answer:
Likewise is the ruling during the whole epoch of wickedness with regard to everyone who turns from his corrupt way. On the day that he speaks to the overseer of the Many, they shall muster him with the oath of the covenant which Moses concluded with Israel, namely, the covenant to return to the Law of Moses with all his heart and all his soul. (CD 15:6-10)
page 55 Keys to Second Corinthians Jerome Murphy-O’Connor https://oxford.universitypressscholarship.com/view/10.1093/acprof:oso/9780199592104.001.0001/acprof-9780199592104)
It is evidently a question of the reception of a new member into the Essene community, an interpretation that is confirmed by the renntetion of the central element in the recption ceremony at Qumran:
When they join the community, let whoever comes to the council of the community enter into the covenant of God in the presence of all the volunteers, and let him undertake by oath of the obligation to be converted to the Law of Moses according to all of his commands with all his heart and all his soul (1QS 5:7-9)
. . .
In essence the new covenant was but a renewal of the Mosaic covenant revitalized by the exploitation of its virtualities (cf. CD 5:8-11).
The intimate connection of the Essene new covenant with the law is confirmed by the other reference in the later stratum of CD:
All who entered the new covenant in the land of Damascus and who returned, and who acted treacherously and departed from the well of living water, shall not be reckoned in the council of the people and shall not be written in their records from the time the Teacher is gathered in until the arrival of the Messiah from Aaron and from Israel. (CD 19:33-5)
The shall receive the same judgment as their companions who turned back with the men scoffing, for they spoke heresy against the ordinance of righteousness and rejected the covenant and bond which they affirmed in the land of Damascus, that is, the new covenant. (CD 20:11-12)
(page 56 Keys to Second Corinthians Jerome Murphy-O’Connor https://oxford.universitypressscholarship.com/view/10.1093/acprof:oso/9780199592104.001.0001/acprof-9780199592104)
It should be noted however that the “The new covenant in CD is not thought of as the fulfillment of prophecy of Jer 31:31, and it is doubtful that it had any eschatological connotation in pre-Qumran usage.” (pg 55 ibid)
This makes sense since the new covenant will teach all men the law through Christ and write it on their heart so that they will not even need to teach each other. It has to be teaching more than just the words of the law if they are not teaching each other–since just knowing the words they would still need to interpret and teach the exact interpretation of those words.
Here we start seeing that it is talking about the “ministry” of the new and old covenants and not the covenants themselves:
7 Now if the ministry of death, [chiseled] (just means “impressed”) in letters on stone [tablets], came in glory so that the people of Israel could not gaze at Moses’ face because of the glory of his face, a glory now set aside, 8 how much more will the ministry of the Spirit come in glory? 9 For if there was glory in the ministry of condemnation, much more does the ministry of justification abound in glory! 10 Indeed, what once had glory has lost its glory because of the greater glory; 11 for if what was set aside came through glory, much more has the permanent come in glory! (2 Cor 3 NRSV with my modifications)
7 . . . came in glory so that the people of Israel could not gaze at Moses’ face because of the glory of his face, a glory now set aside: I thought for a while that “came in glory” (in verse 7) and “came through glory” (in verse 11) might be making a distinction. Maybe one is talking about the covenant and the other is talking about the ministry of the covenant. However, I think that would be too confusing even for Paul. I think the subject is the ministry of the covenants throughout 2 Corinthians 3:3-13.
The fact is that the “ministration” (διακονία) of the old covenant is the subject here, not the covenant itself and this is referring to the same thing that is spoken of in 2 Cor 3:7-10 since Paul does vary his prepositions to express the same relation and it would be at variance with the context. Even Christian commentators have agreed with this, such as Meyer’s N.T. Commentary which also says that this cannot refer to the “mosaic religion in general”
τὸ καταργούμενον] that which is in the act of passing away. This the reader was to apply to the διακονία of Moses spoken of in 2 Corinthians 3:7-10, in so far, namely, as this ministry is in the course of its abolition through the preaching of the gospel by means of the διακονία τῆς δικαιοσύνης. . . .
διὰ δόξης] sc.ἐστι. διά expresses the situation, condition, and so is a circumlocution for the adjective. Stallbaum, ad Plat. Phileb. p. 192; Bernhardy, p. 235; Fritzsche, ad Rom. I. p. 138. ἐν δόξῃ (2 Corinthians 3:7) is not different in sense; but the supposition of Estius, Billroth, Olshausen, Osiander, Neander, Hofmann, that διά indicates only what is transient, and ἐν what is abiding, is mere fancy. Paul is fond of varying the prepositions in designating the same relation. Comp. Romans 3:30; Romans 5:10; Romans 15:2; Galatians 2:16; Philemon 1:5. Comp. also Kühner, II, p. 319.
 Not to the Mosaic religion in general, which ceases through Christ (Theodoret, Theophylact, and many others, including Emmerling and Flatt),—which is quite at variance with the context. See vv. 7–10.
Interestingly the form of the word indicates the glory of Moses face is in the process of being set aside which means it’s not literally talking about Moses’s face but rather the ministry of death. Once Sinai brings death and makes Israel aware of it’s sin, Israel can then accept grace and humbly repent allowing the law to be written their hearts.
8 how much more will the ministry of the Spirit come in glory: If the ministry of death was awesome the ministry of the new covenant will be even better because it redeems from death. Kal va-homer!
Note that it contrasts the ministry of death with the ministry of the Spirit. Thayer’s in fact defines the word “ministry” as:
1) service, ministering, esp. of those who execute the commands of others 2) of those who by the command of God proclaim and promote religion among men 2a) of the office of Moses 2b) of the office of the apostles and its administration . . .
The Spirit writes the law on our hearts but it is not the law itself. The ministry of death is the ministry of Sinai but is not Sinai itself. Sinai brings death because of transgression, yet it is not death itself: so the separation between the covenant and the ministry spoken of here is of two degrees: death not being Sinai, and the ministry not being death itself. Later Paul in fact parallels himself with Moses a minister of a covenant:
12 Since, then, we have such a hope, we act with great boldness, 13 not like Moses, who put a veil over his face to keep the people of Israel from gazing at the end of the glory that was being set aside. (2 Cor 3:13)
So why does it refer to the “the ministry of death, [impressed] in letters on stone?” It might be referring to the giving of the law by mediators at mount Sinai of which Moses was one:
19 Why then the law? It was added because of transgressions, until the offspring would come to whom the promise had been made; and it was ordained through angels by a mediator. 20 Now a mediator involves more than one party; but God is one. (Galatians 3:19-20)
2 For if the message declared through angels was valid, and every transgression or disobedience received a just penalty, 3 how can we escape if we neglect so great a salvation? It was declared at first through the Lord, and it was attested to us by those who heard him, (Hebrews 2:2-3)
You are the ones that received the law as ordained by angels, and yet you have not kept it.” (Acts 7:53)
However, the word “chiseled” could be translated “impressed” (as the ABP) and the word “tablets” is supplied, so I think this language is not even referring to the giving of the law at Sinai but talking about the symbols used for the work of the ministry of Sinai as opposed to the ministry of the Holy Spirit in other places. The word “letters” has already been used by Paul in 2 Cor 3 to speak of the ministry of Sinai https://studybible.info/search-interlinear/strongs/G1121 and it uses the same language to contrast the “stone” with the “Spirit” in Ezekiel:
19 I will give them one heart, and put a new spirit within them; I will remove the heart of stone from their flesh and give them a heart of flesh, 20 so that they may follow my statutes and keep my ordinances and obey them. Then they shall be my people, and I will be their God. (Ezekiel 11:19-20)
26 A new heart I will give you, and a new spirit I will put within you; and I will remove from your body the heart of stone and give you a heart of flesh. 27 I will put my spirit within you, and make you follow my statutes and be careful to observe my ordinances. (Ezekiel 36:26-27)
Even if it is really talking about the covenant and not the ministry we are left with the fact that Paul is using ministry of death as a symbol. If this is a symbol then Paul could be using the ministry of death as a symbol for the covenant’s effects or for works of law like he does in other places in Galatians and Romans. However, I have taken the ministry view since it is repeated consistently throughout 2 Corinthians 3:3,7,8,9a,9b, 2 Corinthians 4:1,2 and Corinthians 5:18 and Paul seems to be drawing attention to this qualifier to avoid talking about the covenants themselves.
9 For if there was glory in the ministry of condemnation, much more does the ministry of justification abound in glory!: The ministry of Sinai came in glory and it brought death, how much more glorious is the ministry of the new covenant that will bring life? Again this could be an analogy for comparing a soteriology of works of law to faith/grace which Paul does in his other writings. Notice, that the glory of that ministry is in the process of being “set aside” that is associated with the ministry of Sinai not the covenant of Sinai itself. It is set aside by the natural reason that Israel no longer needs to experience the curses of Sinai if they have been perfected under the new covenant and are following the law–instead they will achieve the blessings of Sinai–life–through the promises of Abraham and through the Moabite covenant. I talk about this in more detail here:
11 for if what was set aside came through glory, much more has the permanent come in glory!: The glory of Moses’s face faded after he talked with God and his ministry (the ministry of the old covenant) will be set aside but in the new covenant everyone will have direct access to God through the holy spirit and the glory of the new covenant will never fade because that ministry is forever!
According to Galatians 3 and Romans 7 the old covenant curses must still apply–otherwise why do we need to be saved from it? In addition, we will see why the old covenant cannot be set aside because of Matthew’s statements and by what is implied by Paul in Ephesian 2 and Colossians 2. The fact is what is being “set aside” here is not the old covenant.
We will see the journey of Israel being used as an analogy for the journey individuals as we move on in 2 Cor 3. However, the analogies used here are more subtle than they are in Romans and Galatians:
12 Since, then, we have such a hope, we act with great boldness, 13 not like Moses, who put a veil over his face to keep the people of Israel from gazing at the end of the glory that was being set aside.
We do not hide the glory of the ministry of the law like Moses did but preach the correct understanding of the law boldly! This is because the ministry of the new covenant brings us closer to God unlike the ministry of the old covenant which only had the letter and not the spirit. The ministry of the new covenant allows us to come more boldly to God and have confidence in our understanding of the law because of the holy spirit writing it on our hearts.
14 But their minds were hardened. Indeed, to this very day, when they hear the reading of the old covenant, that same veil is still there, since only in Christ is it set aside. 15 Indeed, to this very day whenever Moses is read, a veil lies over their minds; 16 but when one turns to the Lord, the veil is removed.
Only Christ through the Holy Spirit and the ministry of the new covenant allows you to break the barrier between the law and your heart (what the NRSV more accurately translates as “mind”) which is the hardness of our hearts so we can receive the law in our hearts.
17 Now the Lord is the Spirit, and where the Spirit of the Lord is, there is freedom. 18 And all of us, with unveiled faces, seeing the glory of the Lord as though reflected in a mirror, are being transformed into the same image from one degree of glory to another; for this comes from the Lord, the Spirit. (2 Corinthians 3:1-18)
Christ allows us to keep the law and have freedom from the Curses of Sinai. The new covenant through the holy spirit makes us more into an image of Christ who fulfilled the law.
Commentary on 2 Corinthians 4
1 Therefore, since it is by God’s mercy that we are engaged in this ministry, we do not lose heart. 2 We have renounced the shameful things that one hides; we refuse to practice cunning or to falsify God’s word; but by the open statement of the truth we commend ourselves to the conscience of everyone in the sight of God.
We do not water down the gospel by saying (as some of Paul’s opponents have said) that works of the law are necessary along with Christ for salvation. To put your trust in keeping the law well enough or certain works of the law (like circumcision) well enough is to veil the gospel and make Christ useless.
3 And even if our gospel is veiled, it is veiled to those who are perishing. 4 In their case the god of this world has blinded the minds of the unbelievers, to keep them from seeing the light of the gospel of the glory of Christ, who is the image of God.
The gospel can also be misunderstood just like the law and this will cause people to perish.
5 For we do not proclaim ourselves; we proclaim Jesus Christ as Lord and ourselves as your slaves for Jesus’ sake. 6 For it is the God who said, “Let light shine out of darkness,” who has shone in our hearts to give the light of the knowledge of the glory of God in the face of Jesus Christ.
This is a quote from Isaiah 9:2 in the context of the Millennial kingdom and the return of the lost tribes (both things that Christ started the process for with his sending of the holy spirit) https://www.biblegateway.com/passage/?search=Isaiah+9 the NKJV notes also include Malachi 4:2, Luke 1:78 and 2 Peter 1:19 which I think have similar messianic themes. Meyer’s N.T. Commentary also includes Isaiah 60:1
 Ewald, following the reading λάμψει, supposes an allusion to Isaiah 60:1, Job 12:22, or to some lost passage.
There are some parallels to observe with Isaiah 60 and Paul’s mission to Israel and the lost tribes here:
7 But we have this treasure in clay jars, so that it may be made clear that this extraordinary power belongs to God and does not come from us.
This same word for “clay jars” is used in Jeremiah 19:1,19:11,19:14. This is right after chapter 18 which speaks of the Israel as clay being shaped by a potter and evil being intended for Israel in the form of exile from the land and loss of nationhood:
6 Can I not do with you, O house of Israel, just as this potter has done? says the Lord. Just like the clay in the potter’s hand, so are you in my hand, O house of Israel. 7 At one moment I may declare concerning a nation or a kingdom, that I will pluck up and break down and destroy it, 8 but if that nation, concerning which I have spoken, turns from its evil, I will change my mind about the disaster that I intended to bring on it. 9 And at another moment I may declare concerning a nation or a kingdom that I will build and plant it, 10 but if it does evil in my sight, not listening to my voice, then I will change my mind about the good that I had intended to do to it. 11 Now, therefore, say to the people of Judah and the inhabitants of Jerusalem: Thus says the Lord: Look, I am a potter shaping evil against you and devising a plan against you. Turn now, all of you from your evil way, and amend your ways and your doings.
Jeremiah 19 speaks of the breaking of these vessels, hence the exile of Israel and hence the lost tribes:
10 Then you shall break the jug in the sight of those who go with you, 11 and shall say to them: Thus says the Lord of hosts: So will I break this people and this city, as one breaks a potter’s vessel, so that it can never be mended. In Topheth they shall bury until there is no more room to bury. 12 Thus will I do to this place, says the Lord, and to its inhabitants, making this city like Topheth. 13 And the houses of Jerusalem and the houses of the kings of Judah shall be defiled like the place of Topheth—all the houses upon whose roofs offerings have been made to the whole host of heaven, and libations have been poured out to other gods. (Jeremiah 19:10-13)
Likewise the same word for clay jars in 2 Corinthians 4:6 is used in Isaiah 30:14 and in Isaiah chapter 29 it speaks also of Israel as clay vessels:
13 The Lord said: Because these people draw near with their mouths and honor me with their lips, while their hearts are far from me, and their worship of me is a human commandment learned by rote; 14 so I will again do amazing things with this people, shocking and amazing. The wisdom of their wise shall perish, and the discernment of the discerning shall be hidden.
15 Ha! You who hide a plan too deep for the Lord, whose deeds are in the dark, and who say, “Who sees us? Who knows us?” 16 You turn things upside down! Shall the potter be regarded as the clay? Shall the thing made say of its maker, “He did not make me”; or the thing formed say of the one who formed it, “He has no understanding”? (Isaiah 29:13-16)
Likewise Isaiah 30 speaks of the breaking of these vessels:
12 Therefore thus says the Holy One of Israel: Because you reject this word, and put your trust in oppression and deceit, and rely on them; 13 therefore this iniquity shall become for you like a break in a high wall, bulging out, and about to collapse, whose crash comes suddenly, in an instant; 14 its breaking is like that of a potter’s vessel that is smashed so ruthlessly that among its fragments not a sherd is found for taking fire from the hearth, or dipping water out of the cistern.
Similar language is used to refer to Israel in Hosea as vessels of wrath (Israel who was exiled) and vessels of mercy (Judah who stayed in the land) Paul uses this language also in Romans 9 to refer to the same thing.
What I think Paul is doing in 2 Cor 4:6-7 is talking about the light of Christ in the new covenant that would have been hidden in Israel if the lost tribes had not been exiled and suffered. It is only by the suffering and exile of the lost tribes that the clay vessels are broken and the light of Christ is revealed to all the nations:
6 For it is the God who said, “Let light shine out of darkness,” who has shone in our hearts to give the light of the knowledge of the glory of God in the face of Jesus Christ.7 But we have this treasure in clay jars, so that it may be made clear that this extraordinary power belongs to God and does not come from us.
(2 Corinthians 4:6-7)
For more information on these symbols see:
8 We are afflicted in every way, but not crushed; perplexed, but not driven to despair; 9 persecuted, but not forsaken; struck down, but not destroyed; 10 always carrying in the body the death of Jesus, so that the life of Jesus may also be made visible in our bodies. 11 For while we live, we are always being given up to death for Jesus’ sake, so that the life of Jesus may be made visible in our mortal flesh. 12 So death is at work in us, but life in you.
13 But just as we have the same spirit of faith that is in accordance with scripture—“I believed, and so I spoke”—we also believe, and so we speak,
It continues on talking about the suffering of Israel and the lost tribes. “I believe, and so I spoke” is a quote from Psalm 116:10 and Psalm 116 is about the millennial kingdom where all peoples will worship God:
It is a question of the praise of the Lord by all peoples. The second verse expresses the reason for the first verse: the goodness of the Lord has been experienced in the past, and his faithfulness will last forever. If we take into consideration the whole book of psalms, we see that this psalm comes to sum up and conclude all the psalms of the hallel, and even all the preceding psalms since Psalm 107, for they invite Israel and all nations to praise ‘Eternal.
Psalm 116:10 specifically refers to speaking of the deliverance from death that was received in verse 8-9:
8 For you have delivered my soul from death, my eyes from tears, my feet from stumbling. 9 I walk before the Lord in the land of the living. 10 I kept my faith, even when I said, “I am greatly afflicted”; (Psalm 116:8-10)
Moving on in 2 Corinthians 3:14-15:
14 because we know that the one who raised the Lord Jesus will raise us also with Jesus, and will bring us with you into his presence. 15 Yes, everything is for your sake, so that grace, as it extends to more and more people, may increase thanksgiving, to the glory of God.
The Resurrection of Israel in the millennial kingdom will be extended to more and more people from other nations with the deliverance from the ministry of death.
16 So we do not lose heart. Even though our outer nature is wasting away, our inner nature is being renewed day by day. 17 For this slight momentary affliction is preparing us for an eternal weight of glory beyond all measure, 18 because we look not at what can be seen but at what cannot be seen; for what can be seen is temporary, but what cannot be seen is eternal. (2 Corinthians 4:1-18)
This present life is temporary and is a forshadowing of life with God since we are saved through the new covenant enabling Israel to keep the law and by having the law written on our hearts.
Paul compares Moab to Sinai in Romans 10 and the Abrahamic Covenant to Sinai in Galatians 3–as an analogy for faith and works of law. In 2 Corinthians 3 I believe he is comparing Sinai (specifically its curses) to the new covenant an analogy of works of law verses faith .
What is Set Aside?
Ephesians 2:15 uses the same language for “set aside” as in 2 Corinthians 3:7, 2 Corinthians 3:11, and 2 Corinthians 3:13. Ephesians cannot be referring to the law being “set aside” because it has a parallel in Colossians 2:14 which specifically talks about human philosophy and elemental spirits not law. Therefore the language of “set aside” must refer to something human there and I believe it does refer to that in 2 Cor 3 too: salvation by works of the law.
If the law is καταργήσας [in Eph 2:14] then it is no longer in effect at all–it is not just surpressed. This is because the “law of commands and ordinances” is referred to as the “hostility between us” and it says that he has “broken down” or “loosed” the hostility between us:
“For he is our peace; in his flesh he has made both groups into one and has broken down the dividing wall, that is, the hostility between us. 15 He has abolished the law with its commandments and ordinances, that he might create in himself one new humanity in place of the two, thus making peace” (Eph 2:14-15)
This is the same word used in Matthew 5:19, 6:19
Therefore, whoever breaks one of the least of these commandments, and teaches others to do the same, will be called least in the kingdom of heaven; but whoever does them and teaches them will be called great in the kingdom of heaven. (Matthew 5:19)
I will give you the keys of the kingdom of heaven, and whatever you bind on earth will be bound in heaven, and whatever you loose on earth will be loosed in heaven.” (matthew 16:19)
It can’t use the same word to describe what has been done to the law that it uses to say in Matthew 5:19 will never be done to the law. Therefore, in Ephesians 2:14-15 it can’t be referring to the law and if you look at the parallel in Colossians 2 this is evident since it refers to proto-gnostic human teachings:
Paul described the heresy in Colossae as a “hollow and deceptive philosophy, which depends on human tradition and the elemental spiritual forces of this world” (Col. 2:8 cf. Col. 2:4, 18). Gnostics believed that they alone had wisdom (sophia) and knowledge (gnōsis). Paul stated, however, that true wisdom and knowledge are hidden in Christ (Col. 2:3).
A pre-gnostic or syncretistic heresy was also being taught in the church at Ephesus. Paul addressed aspects of this heresy in his letters to Timothy. Timothy was caring for the church at Ephesus at that time.
8 See to it that no one takes you captive through philosophy and empty deceit, according to human tradition, according to the elemental spirits of the universe, and not according to Christ. 9 For in him the whole fullness of deity dwells bodily, 10 and you have come to fullness in him, who is the head of every ruler and authority. 11 In him also you were circumcised with a spiritual circumcision, by putting off the body of the flesh in the circumcision of Christ; 12 when you were buried with him in baptism, you were also raised with him through faith in the power of God, who raised him from the dead. 13 And when you were dead in trespasses and the uncircumcision of your flesh, God made you alive together with him, when he forgave us all our trespasses, 14 erasing the record that stood against us with its legal demands. He set this aside, nailing it to the cross. 15 He disarmed the rulers and authorities and made a public example of them, triumphing over them in it.
16 Therefore do not let anyone condemn you in matters of food and drink or of observing festivals, new moons, or sabbaths. 17 These are only a shadow of what is to come, but the substance belongs to Christ. 18 Do not let anyone disqualify you, insisting on self-abasement and worship of angels, dwelling on visions, puffed up without cause by a human way of thinking, 19 and not holding fast to the head, from whom the whole body, nourished and held together by its ligaments and sinews, grows with a growth that is from God.
20 If with Christ you died to the elemental spirits of the universe, why do you live as if you still belonged to the world? Why do you submit to regulations, 21 “Do not handle, Do not taste, Do not touch”? 22 All these regulations refer to things that perish with use; they are simply human commands and teachings. (Colossians 2:8-22)
So to sum up 2 Corinthians 3 I believe it is talking about an understanding of the law. Just as a true understanding of the law can be veiled and misunderstood so can a true understanding of the gospel and hence salvation. Observe the following:
2 Cor 3 is referring to the ministry of the covenants and not the covenants themselves.
. “NOT OF THE LETTER but of the Spirit. For the letter kills, but the Spirit gives life” The letter without the work of the spirit will bring death since we cannot keep the law without the holy spirit writing it on our hearts.
“the ministry of death, carved in letters on stone” refers to the curses of Sinai (Sinai had blessings too)
Paul uses the Sinai covenant as an analogy to compare a soteriology based on works of law (since that understanding would lead to death since Israel broke the Sinai covenant and needed redemption from it’s curses) to a soteriology based on faith (since Christ would enable Israel to be righteous under the Sinai covenant through the holy spirit writing the law on our hearts) I talk about some of these ideas here: https://hebrewroots.intentionalcommunities.world/2018/11/04/the-two-covenants-of-galatians-4/
“the people of Israel could not gaze at Moses’ face because of the glory of his face, a glory now set aside” Notice it is the glory that is “set aside” not the old covenant itself since through the work of the holy spirit Israel will attain the blessings of the old covenant.
As we have already discussed the language of “set aside” is used in Ephesians and Colossians to talk about human teachings being set aside.
For a kal va-homer argument to work the thing you are comparing needs to be good already. I can’t say that my living room is well-lit because “my basement has no lights how much brighter is my living room?” The argument is meaningless. Maybe my living room is brighter than my basement but it doesn’t mean my living room well-lit because there is literally no light in my basement. For the new covenant to be great the old covenant has to be good at least and not something that is just set aside.
All verses are in the NRSV unless otherwise noted. The first occurrence of the word “torah” H8451 in the Bible is here:
because Abraham obeyed my voice and kept my charge, my commandments, my statutes, and my laws.” H8451
That is parallel with Deuteronomy 11:1 which uses all those words but replaces “torah” with “mishpat” (judgments) and that word “mishpat” is also used in Gen 18:19:
No, for I have chosen him, that he may charge his children and his household after him to keep the way of the Lord by doing righteousness and justice; H4941 thaso that the Lord may bring about for Abraham what he has promised him.”
We also have Moses instructing the Children of Israel in these concepts before Sinai, specifically “torah” H8451 and “choq” H2706
15 Moses said to his father-in-law, “Because the people come to me to inquire of God. 16 When they have a dispute, they come to me and I decide between one person and another, and I make known to them the statutes H2706 and instructions H8451 of God.
So there’s a parallel between Gen 26:5 and Deut 11:1 and these words are used to describe what Abraham obeyed from God and they are all used to describe what God gave the children of Israel at Sinai. In addition, the one-word “tsadaka” in Gen 18:19 that doesn’t occur in the places we already mentioned is used here:
No, for I have chosen him, that he may charge his children and his household after him to keep the way of the Lord by doing righteousness and justice; H6666 so that the Lord may bring about for Abraham what he has promised him.”
And it will be righteousness H6666 for us, if we are careful to do all this commandment before the Lord our God, as he has commanded us.’
(Deu 6:25 ESV)
In addition the word mitzvah used in Deu 6:25 is also in Gen 26:5
because Abraham obeyed my voice and kept my charge, my commandments, H4687 my statutes, and my laws.”
I’m not saying that every law in the Torah was known or followed before Sinai, the tabernacle did not exist and the levitical priesthood was not setup so there are plenty of laws that just didn’t apply at that time. What I am arguing however is that the law does not change unless the situation changes.
The Festivals Were Setup in Genesis
In addition the word “Moed” in Genesis 1:14 can be argued to be referring to “festivals” see the following paper:
And God said, “Let there be lights in the dome of the sky to separate the day from the night; and let them be for signs and for seasons H4150 and for days and years,
Shavuot Was Celebrated by Noah
The idea that Shavuot (one of the festivals) was observed before Sinai appears early in the Dead Sea Scrolls in Jubilees according to britannica.com:
Jubilees, in its final form, was likely written about 100 BC, though it incorporates much older mythological traditions.
Here is the passage from Jubilees:
17* Therefore, it is ordained and written in the heavenly tablets that they should observe the feast of Shebuot in this month, once per year, in order to renew the is covenant in all (respects), year by year. 18* And all of this feast was celebrated in heaven from the day of creation until the days of Noah, twenty-six jubilees and five weeks of years. And Noah and his children kept it for seven jubilees and one week of years until the day of the death of Noah. And from the day of the death of Noah, his sons corrupted it until the days of Abraham, and they ate blood. 19 But Abraham alone kept it. And Isaac and Jacob and his sons kept it until your days, but in your days the children of Israel forgot it until you renewed it for them on this mountain.
20 And you, command the children of Israel so that they might keep this feast in all of their generations as a commandment to them. One day per year in this month they shall celebrate the feast, 21* for it is the feast of Shebuot and it is the feast of the first fruits. This feast is twofold and of two natures. Just as it is written and engraved concerning it, observe it. 22 This is because I have written it in the book of the first law, which I wrote for you, so that you might observe it in each of its appointed times, one day per year. And I have told you its sacrificial offering so that the children of Israel might remember them and observe them in their generations in this month one day each year.
23* And on the first of the first month and on the first of the fourth month and on the first of the seventh month and on the first of the tenth month are the days of remembrance and they are the days of appointed times in the four parts of the year. They are written and inscribed for an eternal witness. 24 And Noah ordained them for himself as feasts for eternal generations because they were a memorial for him. 25 And on the first of the first month, he was told to make an ark. And on it the land dried up, and he opened up and saw the land. 26* And on the first of the fourth month, the mouths of the deeps of the abysses which were beneath were shut. And on the first of the seventh month, all of the mouths of the depths of the earth were opened, and the water began to go down into them. 27 On the first of the tenth month the heads of the mountains appeared, and Noah rejoiced. 28 And therefore he ordained them for himself as feasts of remembrance forever, and thus they are ordained. 29 And they set them upon the heavenly tablets. Each one of them is thirteen weeks from one to another of the remembrances, from the first to the second, and from the second to the third, and from the third to the fourth. 30 And all of the days which will be commanded will be fifty-two weeks of days, and all of them are a complete year. 31 Thus it is engraved and ordained on the heavenly tablets, and there is no transgressing in a single year, from year to year.  (Charlesworth, J. H. (1985).
The Old Testament pseudepigrapha and the New Testament: Expansions of the “Old Testament” and Legends, Wisdom, and Philosophical Literature, Prayers, Psalms and Odes, Fragments of Lost Judeo-Hellenistic Works (Vol. 2, pp. 67–68). New Haven; London: Yale University Press.) (Jubilees 6.16–31)
Genesis Had the Same Dietary Laws
Changing the subject slightly there are a few places where people say Genesis implies that the dietary laws changed, one is here:
28 God blessed them, and God said to them, “Be fruitful and multiply, and fill the earth and subdue it; and have dominion over the fish of the sea and over the birds of the air and over every living thing that moves upon the earth.” 29 God said, “See, I have given you every plant yielding seed that is upon the face of all the earth, and every tree with seed in its fruit; you shall have them for food. 30 And to every beast of the earth, and to every bird of the air, and to everything that creeps on the earth, everything that has the breath of life, I have given every green plant for food.” And it was so (Gen 1:28-30)
I think this is a misconception. In Gen 1 God creates the food chain (in general) from the bottom up: Gen 1:11 (vegetation), Gen 1:20 (sea creatures and birds), Gen 1:20 (cattle and creeping things and wild animals), Gen 1:26 (humans). It even says that man shall:
“. . . have dominion over the fish of the sea and over the birds of the air and over every living thing that moves upon the earth” (Gen 1:28)
So this seems to be about God giving sustenance to all animals through his provision of plants. In addition it seems that either the accounts in Gen 1 and 2 are contradictory (since God in Gen 2 has not yet made animals at all) or that God had not actually provided animals in the garden for Adam at first. (hence Gen 1 is an account of creation overall and Gen 2 is more specific to the garden) Therefore when God says “I give you every green plant for food” he is speaking to a state where there are no animals to choose from yet so he can’t be said to imply “you can’t eat meat.” See below:
18 Then the Lord God said, “It is not good that the man should be alone; I will make him a helper as his partner.” 19 So out of the ground the Lord God formed every animal of the field and every bird of the air, and brought them to the man to see what he would call them; and whatever the man called every living creature, that was its name. 20 The man gave names to all cattle, and to the birds of the air, and to every animal of the field; but for the man there was not found a helper as his partner. (Gen 2:18-20)
There are a couple arguments against the idea that this was a state where there are no animals yet:
1 The ESV translates 19 as “Now out of the ground the Lord God had formed every beast of the field . . .” This suggests that it is referring to the creation of animals in Gen 1
2 “I will make him a helper as his partner” actually refers to Eve and not the animals.
The problem is that “So” (in my preferred translation the NRSV) at the beginning of the verse connects the creation and presentation of the animals with finding a helper for Adam and that verse 18 “I will make him a helper as his partner” is parallel with verse 20 “but for the man there was not found a helper as his partner,” so we have the animals being presented as possible helpers to Adam
Also compare with the fact that it focuses on the garden at the beginning of the chapter:
In the day that the Lord God made the earth and the heavens, 5 when no plant of the field was yet in the earth and no herb of the field had yet sprung up—for the Lord God had not caused it to rain upon the earth, and there was no one to till the ground; 6 but a stream would rise from the earth, and water the whole face of the ground— 7 then the Lord God formed man from the dust of the ground, and breathed into his nostrils the breath of life; and the man became a living being. 8 And the Lord God planted a garden in Eden, in the east; and there he put the man whom he had formed. . . . 15 The Lord God took the man and put him in the garden of Eden to till it and keep it. 16 And the Lord God commanded the man, “You may freely eat of every tree of the garden; 17 but of the tree of the knowledge of good and evil you shall not eat, for in the day that you eat of it you shall die.” (Genesis 2:15-17)
Interestingly enough the story in Genesis 2 seems to have the order of creation differently (if you try to say it is talking about the same thing that Gen 1 is and is not just talking about the garden)
. . . In the day that the Lord God made the earth and the heavens, 5 when no plant of the field was yet in the earth and no herb of the field had yet sprung up—for the Lord God had not caused it to rain upon the earth, and there was no one to till the ground; 6 but a stream would rise from the earth, and water the whole face of the ground— 7 then the Lord God formed man from the dust of the ground, and breathed into his nostrils the breath of life; and the man became a living being. 8 And the Lord God planted a garden in Eden, in the east; and there he put the man whom he had formed. 9 Out of the ground the Lord God made to grow every tree that is pleasant to the sight and good for food, the tree of life also in the midst of the garden, and the tree of the knowledge of good and evil. (Gen 2:4-9)
This shows it must be talking about specifically the land of Israel or the land around Eden, not the entire earth.
What about the dietary requirements in Gen 9:3?
Every moving thing that lives shall be food for you; and just as I gave you the green plants, I give you everything. (Genesis 9:3)
No, the context is clearly about having the power and ability to eat said animals, not about being given permission. The phrase “just as I gave you the green plants” merely means “you will have the ability to eat ALL the animals just as you have with the plants.” Obviously not all plants or animals are good to eat:
1 God blessed Noah and his sons, and said to them, “Be fruitful and multiply, and fill the earth. 2 The fear and dread of you shall rest on every animal of the earth, and on every bird of the air, on everything that creeps on the ground, and on all the fish of the sea; into your hand they are delivered. 3 Every moving thing that lives shall be food for you; and just as I gave you the green plants, I give you everything. 4 Only, you shall not eat flesh with its life, that is, its blood. 5 For your own lifeblood I will surely require a reckoning: from every animal I will require it and from human beings, each one for the blood of another, I will require a reckoning for human life.
6 Whoever sheds the blood of a human, by a human shall that person’s blood be shed; for in his own image God made humankind.
7 And you, be fruitful and multiply, abound on the earth and multiply in it.” (Gen 8:1-7)
If you don’t believe me then why could Israelites as far back as they can remember eat mushrooms? https://www.aish.com/atr/Mushrooms-Kosher-Status-Blessing.html The mushroom’s unkosher status should have been restated later in the Torah or there should be at least some traditions saying that mushrooms are non-kosher if the lists in Genesis were exclusive. Yet the lists in Genesis are not exclusive, they are merely declaring God’s provision in different ways.
Genesis Had Similar Sacrifices
Why did God tell Noah specifically to take extra “clean” animals on the ark and why did Noah sacrifice them? Many sacrifices require the priest who is sacrificing them to eat some of the animal. In addition the same word that is used for “clean” animals that Noah took on the ark is only used in reference to animals to talk about dietary cleanness:
46 This is the law pertaining to land animal and bird and every living creature that moves through the waters and every creature that swarms upon the earth, 47 to make a distinction between the unclean and the clean, H2889and between the living creature that may be eaten and the living creature that may not be eaten.
1 Then the Lord said to Noah, “Go into the ark, you and all your household, for I have seen that you alone are righteous before me in this generation. 2 Take with you seven pairs of all clean H2889 animals, the male and its mate; and a pair of the animals that are not clean, H2889 the male and its mate; 3 and seven pairs of the birds of the air also, male and female, to keep their kind alive on the face of all the earth. 4 For in seven days I will send rain on the earth for forty days and forty nights; and every living thing that I have made I will blot out from the face of the ground.” 5 And Noah did all that the Lord had commanded him.
Abel Drained the Blood and Separated Fat Portions
Now it is possible that the specific sacrifices that Noah gave are simply whole burnt offerings that weren’t eaten. However, offerings are elsewhere always food and it would break the pattern if Abel and Noah were offering animals that weren’t supposed to be food. In addition Abel seems to separate the fat portions from his flock, which is parallel with later laws in the Torah:
and Abel for his part brought of the firstlings of his flock, their fat H2459 portions. And the Lord had regard for Abel and his offering,
9 You shall present its fat H2459 from the sacrifice of well-being, as an offering by fire to the Lord: the whole broad tail, which shall be removed close to the backbone, the fat H2459 that covers the entrails, and all the fat H2459 that is around the entrails; 10 the two kidneys with the fat H2459 that is on them at the loins, and the appendage of the liver, which you shall remove with the kidneys. 11 Then the priest shall turn these into smoke on the altar as a food offering by fire to the Lord.
Then the priest shall turn these into smoke on the altar as a food offering by fire for a pleasing odor. All fat H2459 is the Lord’s.
Interestingly the word used for Abel’s sacrifice is also used to describe a non-bloodly sacrifice :
This means that draining the blood may have been known at this time, possibly from the law expressed in this verse:
“Only, you shall not eat flesh with its life, that is, its blood.”
Why would Abel know about this if he wasn’t eating animals? Even though this isn’t explicitly stated in Genesis we must remember that Genesis leaves a massive amount of information out of the story: let the reader investigate this on their own. Once again I don’t believe the law changes unless the situation changes since the law is good and unless the situation changes there is no reason to suggest a different law would be good. If people or animals changed in a way that was relevant to dietary laws at some points in Genesis this would be a good reason to say that maybe the dietary laws changed. However, we just don’t have the information to decide this. In addition, I think I’ve found information that implies that this wasn’t the case.
Laban The Priest Avoids Becoming Unclean
There’s multitude of evidence for other laws being practiced before Sinai: Laban (a priest) avoids looking in the baggage that Rachel is sitting on when she is menstruating. This is similar to the laws of the priests of Aaron for having to purify themselves if they touch anything unclean. However, since Rachel says she cannot rise and Laban could have purified himself and continued serving as a priest the next day this particular parallel with Sinai law is weak:
34 Now Rachel had taken the household gods and put them in the camel’s saddle, and sat on them. Laban felt all about in the tent, but did not find them. 35 And she said to her father, “Let not my lord be angry that I cannot rise before you, for the way of women is upon me.” So he searched, but did not find the household gods.
The Lord spoke to Moses, saying: 2 Direct Aaron and his sons to deal carefully with the sacred donations of the people of Israel, which they dedicate to me, so that they may not profane my holy name; I am the Lord. 3 Say to them: If anyone among all your offspring throughout your generations comes near the sacred donations, which the people of Israel dedicate to the Lord, while he is in a state of uncleanness, that person shall be cut off from my presence: I am the Lord. 4 No one of Aaron’s offspring who has a leprous disease or suffers a discharge may eat of the sacred donations until he is clean. Whoever touches anything made unclean by a corpse or a man who has had an emission of semen, 5 and whoever touches any swarming thing by which he may be made unclean or any human being by whom he may be made unclean—whatever his uncleanness may be— 6 the person who touches any such shall be unclean until evening and shall not eat of the sacred donations unless he has washed his body in water.
Finally we have Exo 19:22 where priests are talked about before the laws for priests are given:
Even the priests who approach the Lord must consecrate themselves or the Lord will break out against them.”
We have many examples of the law being practiced before Sinai:
Abraham followed a parallel of the requirements in Deuteronomy 11:1. Also, all the same words were used to describe God’s laws and statutes before Sinai. In addition Moses taught the Israelites the law before Sinai.
The feasts being practiced before Sinai based on “moedim” translated as “festivals” in Genesis 1 and the book of Jubilees saying that Shavuot was kept as far back as Noah
Sacrifices in Genesis
Clean and not clean animals in Genesis
Sacrifices in Genesis that respect these distinctions
Implied dietary laws in Genesis based on the distinction of clean and not clean and the fact that Abel poured out the blood and distinguished the fat portions in his sacrifices just as the levitical priesthood did
Laws regarding priests with David and his servants eating the showbread and Tamar being ordered to be killed and burnt with fire which is the punishment for a priest’s daughter who engages in harlotry
Ok so this is super controversial. First there is the opinion from Finny Kuruvilla at http://www.watchmangospelsigns.com/ (which is rather well thought out) that divorce is permitted but only in extreme circumstances and remarriage is forbidden in all circumstances:
I endorse Finny’s critique of the literal Erasmian interpretation which I think has multiple problems. However, there are a few problems I have with Finny’s view:
1. To hold Finny’s view you need to interpret Deuteronomy 24 as regulating something that is wrong under all circumstances.
While this is possible, it seems unlikely due to the fact there is no punishment listed for the behavior except not marrying your previously married wife. Also, we must assume that if divorce and remarriage are wrong under all circumstances then remarriage to the original husband is worse:
1 Suppose a man enters into marriage with a woman, but she does not please him because he finds something objectionable about her, and so he writes her a certificate of divorce, puts it in her hand, and sends her out of his house; she then leaves his house 2 and goes off to become another man’s wife. 3 Then suppose the second man dislikes her, writes her a bill of divorce, puts it in her hand, and sends her out of his house (or the second man who married her dies); 4 her first husband, who sent her away, is not permitted to take her again to be his wife after she has been defiled; for that would be abhorrent to the Lord, and you shall not bring guilt on the land that the Lord your God is giving you as a possession. (Deuteronomy 24:1-4)
I will add the caveat that divorce is certainly something that is wrong under many circumstance, or is at least more wrong than some of the offenses that people often have divorced over:
13 And this you do as well: You cover the Lord’s altar with tears, with weeping and groaning because he no longer regards the offering or accepts it with favor at your hand. 14 You ask, “Why does he not?” Because the Lord was a witness between you and the wife of your youth, to whom you have been faithless, though she is your companion and your wife by covenant. 15 Did not one God make her? Both flesh and spirit are his. And what does the one God desire? Godly offspring. So look to yourselves, and do not let anyone be faithless to the wife of his youth. 16 For I hate divorce, says the Lord, the God of Israel, and covering one’s garment with violence, says the Lord of hosts. So take heed to yourselves and do not be faithless. (Malachi 2:13-16 NRSV)
2. Finny’s view implies that the certificate of divorce has no effect
The certificate of divorce has the effect of separating you from your spouse. This is because it has the effect of making it impossible for your wife to come back after marrying someone else according to Deuteronomy 24. If you can’t remarry after a divorce then the divorce certificate seems to have no effect: you are still tied to your spouse. This does not fit with a whole law written regulating the certificate of divorce. If all it does is allow you to leave then you are still married to them; therefore what is the problem with remarrying the same person?
3. If you take literally what Mark 10:11-12 says that remarriage after divorce for any reason is adultery . . .
If you take literally what Mark 10:11-12 says then you must believe that what Jesus says in Mark 10:5-9 means that divorce for any reason is unlawful. However, Paul explicitly states that in some cases divorce can happen even though it should not happen:
10 To the married I give this command—not I but the Lord—that the wife should not separate from her husband 11 (but if she does separate, let her remain unmarried or else be reconciled to her husband), and that the husband should not divorce his wife. (1 Cor 7:10-11)
4. The context in which Finny argues “eunuchs are divorced people who can’t remarry” doesn’t fit.
The only place where this occurs is in Matthew 19 and here we see what they are objecting to is the difficulty of divorce in the context of not being able to divorce your wife for “any cause.” They aren’t afraid of marrying then getting divorced and having to be Eunuchs (which they would be without marrying anyway), they are afraid of marriage itself:
3 Some Pharisees came to him, and to test him they asked, “Is it lawful for a man to divorce his wife for any cause?” . . .
8 He said to them, “It was because you were so hard-hearted that Moses allowed you to divorce your wives, but from the beginning it was not so. 9 And I say to you, whoever divorces his wife, except for unchastity, and marries another commits adultery.”
10 His disciples said to him, “If such is the case of a man with his wife, it is better not to marry.” 11 But he said to them, “Not everyone can accept this teaching, but only those to whom it is given. 12 For there are eunuchs who have been so from birth, and there are eunuchs who have been made eunuchs by others, and there are eunuchs who have made themselves eunuchs for the sake of the kingdom of heaven. Let anyone accept this who can.”
(Matthew 19:3-12 NRSV)
5. Matthew tends to clarify Mark.
The fact that Matthew makes the context of Jesus’s statement about being able to divorce for “any reason” means that Jesus was reacting to a lax standard of divorce. His response therefore would be in the context of frivolous divorces.
Some Pharisees came to him, and to test him they asked, “Is it lawful for a man to divorce his wife for any cause?” (Matthew 19:3)
Another example of possible clarification is the following:
As another example, within Matthew’s community unchastity was evidently recognized as legitimate grounds for divorce. It may have been in the communities of Mark and Luke as well, but they failed to stipulate the exception in this particular saying of Jesus. Matthew clarifies the issue by inserting the phrase “except for unchastity:”
Some may respond that Jesus’s statement would have to be summarized as “you may not divorce your wife for any cause but only except for unchastity” This makes sense but it seems like he still had a strict view on it. What about if one spouse was trying to kill the other? Well, this author https://www.divorce-remarriage.com/ argues that Jesus was only addressing a certain type of divorce. See the Pharisees had split up the grounds for divorce of “some indecency” in Deuteronomy 24:1 into “adultery” and “a cause.” Jesus was addressing only this type of divorce and saying you couldn’t divorce for any cause. When he says “except for porneia” (“porneia” is the word translated “adultery”) it is literally “not porneia” https://studybible.info/interlinear/Matthew%2019:9 That is, he is implying “any cause” by saying “not porneia” because that is how those divorces were split up: into “adultery” and “a cause.” It is just a restatement of the “any cause” phrase in their earlier question: “is it lawful for a man to divorce his wife for any cause?” These divorces were the most common since you didn’t have to prove anything in court but only present “a cause.” Jesus does not address the other types of divorce where other grounds are presented like in Exodus 21:10-11 Also, the cultural context backs this up:
By the first century there was general agreement concerning most aspects of divorce and remarriage within rabbinic Judaism. According to divorce law, the decision to end the marriage contract was that of the husband, because he had to write the divorce certificate. A wife could force a husband to divorce her if she could prove to a rabbinic court that he had broken the marriage contract, but it seldom happened. The author claims that one development during these times influenced almost all divorces among Jews. The Hillelites introduced a new interpretation of Deuteronomy 24:1 by which they allowed divorce for “any matter”, while the Shammaites interpreted the same text as saying “for a matter of indecency”. Most Jewish divorces therefore took place on Hillelite grounds, because there was no need to prove anything in court. It is worth noting that the Shammaites accepted the validity of this type of divorce even though it was contrary to what they would have decided. Meanwhile, in the greater Greco-Roman context it became easier for both men and woman to initiate a divorce, and anyone could divorce simply by separating from one’s spouse.
I have reached my conclusions mostly just by comparing the texts of the gospels and the Hebrew Bible and being aware of the tendency of Matthew to clarify things. Here we see that a scholar has reached similar conclusions by looking at the cultural context of the first century:
Instone-Brewer approaches the problem of Jesus’ radical teaching about divorce and remarriage from an interesting angle. An important investigation in this regard concerns the abbreviated texts that we find in the Gospels. He claims that usually the exegesis was largely absent from these debates because these text were regularly used in the synagogue and because it was widely known at the time. By the second century what used to be common knowledge was quickly disappearing, largely because of the disappearance of the Shammaite group. Commonly understood phrases were also removed, but would have been mentally added by first century readers. The added phrase “for any matter” as it appears in Matthew 19:3 which does not appear in Mark or Luke, is one such example.
This phrase referred to the Hillelite interpretation of Deuteronomy 24:1, an interpretation Jesus did not agree with at all – hence the view that remarriage after this type of divorce is invalid. As far as this issue is concerned, Jesus differed from opinions within Judaism, including that of the Shammaites. Furthermore, the author concludes that in instances where the Gospels are completely silent about an important matter like the silence about remarriage after the death of a spouse or Jesus’ opinion about the grounds for divorce in Exodus 21:10-11, Jesus’ silence can be ascribed to the fact that on these points he agreed with the unanimously held opinion of Judaism. One such example is Jesus’ silence about the Old Testament grounds for divorce. The author claims that the assumption that Jesus regarded the exception of porneia as the only ground for divorce is wrong, because it would mean that the Shammaites too had allowed divorce only on the grounds of adultery, which is simply not the case. At first these arguments appear to be rather weak but the author’s extensive research is convincing. The author delicately adds to the exegeses and arguments from their abbreviated forms and concludes six separate matters about which Jesus taught.
6. What about Paul’s sayings in 1 Corinthians 7? Do they imply remarriage is impossible after a divorce?
10 To the married I give this command—not I but the Lord—that the wife should not separate from her husband 11 (but if she does separate, let her remain unmarried or else be reconciled to her husband), and that the husband should not divorce his wife. (1 Corinthians 7:10-11)
Paul’s sayings may only apply to the Roman custom of divorce through separating since he was writing to people living in the secular city of Corinth:
Chapter seven shows that the world in which Paul lived was completely different from that in which Jesus lived. It is shown that Paul reacts mainly to the practice in the Greco-Roman world in terms of which anyone could divorce simply by separating from one’s spouse. Like Jesus, Paul emphasized ways to stay married, rather than ways to divorce.
7. Jesus as the New Covenant Mediator may have been focusing on the heart
27 “You have heard that it was said, ‘You shall not commit adultery.’ 28 But I say to you that everyone who looks at a woman with lust has already committed adultery with her in his heart. 29 If your right eye causes you to sin, tear it out and throw it away; it is better for you to lose one of your members than for your whole body to be thrown into hell. 30 And if your right hand causes you to sin, cut it off and throw it away; it is better for you to lose one of your members than for your whole body to go into hell.
31 “It was also said, ‘Whoever divorces his wife, let him give her a certificate of divorce.’ 32 But I say to you that anyone who divorces his wife, except on the ground of unchastity, causes her to commit adultery; and whoever marries a divorced woman commits adultery.
In context, Jesus’s statements could be more about intent than about the physical requirements of a divorce. For instance, above where Jesus says “everyone who looks at a woman with lust has already committed adultery with her in his heart.” Jesus is not literally saying that they are guilty of adultery but that as the New Covenant Mediator he trying to allow the law to be written on people’s hearts and coveting in your heart is against that purpose. (you have to take your thoughts captive as Paul says) Similarly, Jesus is not saying if your eye or your hand causes you to sin once then you have to cut them off because your eye or your hand can’t cause you to sin. He is saying to value your eternal existence more than your present existence in your physical body.
Therefore Jesus’s comments on divorce may be about divorce that was caused by a heart intent/condition that was not concerned with trying to keep the marriage together. Also, maybe the context is a heart intent that wanted to divorce in order to marry someone else.
Why is this important?
I talked to a woman whose husband was beating her (and if I remember correctly–threatened to kill her) and she felt she couldn’t divorce him until he committed adultery because of Matthew 19:8. Luckily he did eventually commit adultery. Let me ask you this, what if she was one of the very early Christians who didn’t have access to all the gospels and only had access to Matthew or Luke? (Mark is also supposed to have been written before Matthew) If she only read Mark and read it literally (like she did Matthew) she might be dead.
Threatening to kill someone violates the marriage covenant because if one person dies the covenant is nullified and shows you are willing to break it yourself. Beating someone I would think is worse than committing adultery. (I know the law says you can stone someone for adultery but this seems to have only been done in rare cases and forgiveness seems to be allowed, such as the case of Hosea)
I definitely think you can divorce for more causes than adultery. I think if your life is in danger or your emotional health is in danger those are reasonable causes. Emotional abuse can be physically dangerous to you–it can be unhealthy and take years off your life. It can make you at risk for suicide. I’m not as sure about remarriages after divorce. However, I’ve presented some evidence that remarriage is justified in certain cases as well.
One thing that has bothered me about marriage is the question of “what is it and for what purpose?” Does marriage begin when you have sex with someone because you are “certainly” supposed to marry someone afterward according to Exodus 22:16-18? If that is it then why is remarriage allowed upon death according to Romans 7? It would seem that if marriage is started with sex and it lasts forever then having sex with multiple people during your lifetime would be wrong. Yet if someone had multiple spouses die during their lifetime they would be able to do this. Therefore, limiting sexual partners isn’t of the utmost importance for the intent of marriage. In fact, there is no part of the Torah that prevents you from going into a cancer ward and marrying people one right after the other as they are dying. In addition, sex with a betrothed woman is treated just like adultery in the Torah, so marriage has to be about more than just regulating sex or commitment to one person for each individual.
More likely, it seems that marriage is a combination of sex and a covenant (betrothal), although if you have the sex you are supposed to make the covenant. Marriage then is not primarily concerned with limiting the number of people you have sex with during your life (although that tends to be one of its effects) but marriage may be primarily concerned with maintaining societal health, providing a stable environment for children, and ensuring people and households are emotionally/financially stable. If a marriage is so bad that it damages those things more than it upholds them then maybe it should be terminated.
Based on my own observations the following conclusions and summary are likely correct:
The Bible’s message for those suffering within marriage is both realistic and loving
Marriage should be lifelong, but broken marriage vows can be grounds for divorce
Biblical grounds for divorce include adultery, abuse and abandonment
Jesus urged forgiveness but allowed divorce for repeated unrepentant breaking of marriage vows
Only the victim, not the perpetrator of such sins, should decide when or whether to divorce
Anyone who divorces on biblical grounds or who is divorced against their will can remarry.
Very quick summary:
This book interprets the words of Jesus and Paul through the eyes of first century readers who knew about the ‘Any Cause’ divorce which Jesus was asked about (“Is it lawful to divorce for ‘Any Cause’” – Mt.19.3). Christians in following generations forgot about the ‘Any Cause’ divorce and misunderstood Jesus.
The ‘Any Cause’ divorce was invented by some Pharisees who divided up the phrase “a cause of indecency” (Dt.24.1) into two grounds for divorce: “indecency” (porneia which they interpreted as ‘Adultery’) and “a cause” (ie ‘Any Cause’). Jesus said the phrase could not be split up and that it meant “nothing except porneia”. Although almost everyone was using this new type of divorce, Jesus told them that it was invalid, so remarriage was adulterous because they were still married.
The Old Testament allowed divorce for the breaking of marriage vows, including neglect and abuse, based on Exod.21.10f. Jesus was not asked about these biblical grounds for divorce, though Paul alluded to them in 1Cor.7 as the basis of marriage obligations. This book argues that God never repealed these biblical grounds for divorce based on broken marriage vows. They were exemplified by Christ (according to Eph.5.28f) and they became the basis of Christian marriage vows (love, honour, and keep).
I want to examine two paradoxes here. 1. The poor being rich. 2 The law not saving you and saving you.
In the story of the rich young ruler, the commandments are sufficient for attaining eternal life. However, notice that even though the rich young ruler says he keeps the commandments he still believes that he isn’t doing something right. Maybe it is his method of keeping them that may be at fault? Could it be that the commandments naturally lead to a communal life? (love your neighbor as yourself) This may especially be the case after the holy spirit came at the church in Acts. The holy spirit writes the laws on our hearts. The holy spirit dwells in the body of believers. To attain selflessness and have the law written on our hearts we may need to act as one part of a greater body. I argue in detail for similar things here: https://hebrewroots.intentionalcommunities.world/wp-content/uploads/2020/03/Unless-He-Gives-up-All-His-Possessions.pdf There may have been a tendency to use “poor” to mean people who lived communally in the Greek scriptures (Christian writings)
The term “Ebionite” was widely used in proto-orthodox and orthodox sources to refer to “Jewish-Christian” groups, or at least one group (it is likely that there were lots of these groups, and it may be that the church fathers assumed they were all the same group when in fact they had different views, different theologies, different practices, and so on). Some of the church fathers indicate that the name came from the founder of the group Ebion. But that’s a legend. Almost certainly the term came from the Hebrew word “Ebyon” which means “poor.” The normal hypothesis is that these Jewish-Christians accepted the early Christian policy of giving away their possessions for others and so took on lives of voluntary poverty. The church fathers who know the linguistic meaning of their name claimed that they were called “the poor ones” because they were “poor in faith.” (!)
The Ebyonim were the original Christian movement. It was a community that was centered in Jerusalem, led by James the brother of Jesus and Peter, who looks to have been one of Jesus’s closest companions. Their name (ebyonim is Hebrew for “the Poor”) would seem to be reflective of their communal life (as reflected in the beginning of the Acts of the Apostles in the New Testament). All who entered the community called the Ebyonim “sold everything they had and gave it to the Poor.” We can glean a sense of who they were, in part from the condemnations of Irenaeus and others in the Apostolic Christian movement, in part from their own writings, and in part by reading between the lines of the New Testament. Today, an increasing number of scholars are asking whether Ebionite tradition is the closest follow-up to the real Jesus.
44 All who believed were together and had all things in common; 45 they would sell their possessions and goods and distribute the proceeds to all, as any had need. (Acts 2:45 NRSV)
34 There was not a needy person among them, for as many as owned lands or houses sold them and brought the proceeds of what was sold. 35 They laid it at the apostles’ feet, and it was distributed to each as any had need. (Acts 4:34-35 NRSV)
29 And do not keep striving for what you are to eat and what you are to drink, and do not keep worrying. 30 For it is the nations of the world that strive after all these things, and your Father knows that you need them. 31 Instead, strive for his kingdom, and these things will be given to you as well.
32 “Do not be afraid, little flock, for it is your Father’s good pleasure to give you the kingdom. 33 Sell your possessions, and give alms. Make purses for yourselves that do not wear out, an unfailing treasure in heaven, where no thief comes near and no moth destroys. 34 For where your treasure is, there your heart will be also. (Luke 12:25-34 NRSV)
Notice the kingdom is associated with selling your possessions and living communally in Luke. It is interesting that the same terminology could have been used for the “poor” in the Greek Scriptures. Jesus actually says that those who leave everything will receive a hundredfold more in this life which matches the paradoxical language here:
As sorrowful, yet alway rejoicing; as poor, G4434 yet making many rich; as having nothing, and yet possessing all things. (2 Corinthians 6:10)
The same word may be used in these verses to speak of the “poor” who live communally (although this is by no means certain and some may have double meanings)
For it hath pleased them of Macedonia and Achaia to make a certain contribution for the poor G4434 saints which are at Jerusalem. (Rom 15:26 KJV)
Only they would that we should remember the poor; G4434 the same which I also was forward to do. (Gal 2:10 KJV)
And he lifted up his eyes on his disciples, and said, Blessed be ye poor: G4434 for yours is the kingdom of God. (Luk 6:20 KJV)
Blessed are the poor G4434 in spirit: for theirs is the kingdom of heaven. (Mat 5:3 KJV)
Then the disciples, every man according to his ability, determined to send relief unto the brethren which dwelt in Judaea: (Act 11:29 KJV)
Hearken, my beloved brethren, Hath not God chosen the poor G4434 of this world rich in faith, and heirs of the kingdom which he hath promised to them that love him? (James 2:5)
The same paradoxical language is used in a negative way in Revelation. Previously, poverty on paper through communal living is meant to convey greater real material riches and spiritual riches, while here the opposite is meant:
Because thou sayest, I am rich, and increased with goods, and have need of nothing; and knowest not that thou art wretched, and miserable, and poor, G4434 and blind, and naked: (Rev 3:17 KJV)
The following parallels include everyone who joins the kingdom of heaven movement being rewarded a hundredfold with houses and other material possessions. This means that they would have hundreds of people that would share their houses and possessions with them and ensure that the would never lack their basic needs including food or drink, see: Matthew 6:31-33 and Luke 18:29-34. Also pay attention to the what Yeshua says about keeping the commandments:
17 As he was setting out on a journey, a man ran up and knelt before him, and asked him, “Good Teacher, what must I do to inherit eternal life?” 18 Jesus said to him, “Why do you call me good? No one is good but God alone. 19 You know the commandments: ‘You shall not murder; You shall not commit adultery; You shall not steal; You shall not bear false witness; You shall not defraud; Honor your father and mother.’” 20 He said to him, “Teacher, I have kept all these since my youth.” 21 Jesus, looking at him, loved him and said, “You lack one thing; go, sell what you own, and give the money to the poor, and you will have treasure in heaven; then come, follow me.” 22 When he heard this, he was shocked and went away grieving, for he had many possessions.
23 Then Jesus looked around and said to his disciples, “How hard it will be for those who have wealth to enter the kingdom of God!” 24 And the disciples were perplexed at these words. But Jesus said to them again, “Children, how hard it is to enter the kingdom of God! 25 It is easier for a camel to go through the eye of a needle than for someone who is rich to enter the kingdom of God.” 26 They were greatly astounded and said to one another, “Then who can be saved?” 27 Jesus looked at them and said, “For mortals it is impossible, but not for God; for God all things are possible.”
28 Peter began to say to him, “Look, we have left everything and followed you.” 29 Jesus said, “Truly I tell you, there is no one who has left house or brothers or sisters or mother or father or children or fields, for my sake and for the sake of the good news, 30 who will not receive a hundredfold now in this age—houses, brothers and sisters, mothers and children, and fields, with persecutions—and in the age to come eternal life. 31 But many who are first will be last, and the last will be first.”
(Mark 10:17-31 NRSV)
16 Then someone came to him and said, “Teacher, what good deed must I do to have eternal life?” 17 And he said to him, “Why do you ask me about what is good? There is only one who is good. If you wish to enter into life, keep the commandments.” 18 He said to him, “Which ones?” And Jesus said, “You shall not murder; You shall not commit adultery; You shall not steal; You shall not bear false witness; 19 Honor your father and mother; also, You shall love your neighbor as yourself.” 20 The young man said to him, “I have kept all these; what do I still lack?” 21 Jesus said to him, “If you wish to be perfect, go, sell your possessions, and give the money to the poor, and you will have treasure in heaven; then come, follow me.” 22 When the young man heard this word, he went away grieving, for he had many possessions.
23 Then Jesus said to his disciples, “Truly I tell you, it will be hard for a rich person to enter the kingdom of heaven. 24 Again I tell you, it is easier for a camel to go through the eye of a needle than for someone who is rich to enter the kingdom of God.” 25 When the disciples heard this, they were greatly astounded and said, “Then who can be saved?” 26 But Jesus looked at them and said, “For mortals it is impossible, but for God all things are possible.”
27 Then Peter said in reply, “Look, we have left everything and followed you. What then will we have?” 28 Jesus said to them, “Truly I tell you, at the renewal of all things, when the Son of Man is seated on the throne of his glory, you who have followed me will also sit on twelve thrones, judging the twelve tribes of Israel. 29 And everyone who has left houses or brothers or sisters or father or mother or children or fields, for my name’s sake, will receive a hundredfold, and will inherit eternal life. 30 But many who are first will be last, and the last will be first.
(Mattthew 19:16-30 NRSV)
18 A certain ruler asked him, “Good Teacher, what must I do to inherit eternal life?” 19 Jesus said to him, “Why do you call me good? No one is good but God alone. 20 You know the commandments: ‘You shall not commit adultery; You shall not murder; You shall not steal; You shall not bear false witness; Honor your father and mother.’” 21 He replied, “I have kept all these since my youth.” 22 When Jesus heard this, he said to him, “There is still one thing lacking. Sell all that you own and distribute the money to the poor, and you will have treasure in heaven; then come, follow me.” 23 But when he heard this, he became sad; for he was very rich. 24 Jesus looked at him and said, “How hard it is for those who have wealth to enter the kingdom of God! 25 Indeed, it is easier for a camel to go through the eye of a needle than for someone who is rich to enter the kingdom of God.”
26 Those who heard it said, “Then who can be saved?” 27 He replied, “What is impossible for mortals is possible for God.”
28 Then Peter said, “Look, we have left our homes and followed you.” 29 And he said to them, “Truly I tell you, there is no one who has left house or wife or brothers or parents or children, for the sake of the kingdom of God, 30 who will not get back very much more in this age, and in the age to come eternal life.”
(Luke 18:18-30 NRSV)
Compare this to the following:
15 We ourselves are Jews by birth and not Gentile sinners; 16 yet we know that a person is justified not by the works of the law but through faith in Jesus Christ. And we have come to believe in Christ Jesus, so that we might be justified by faith in Christ, and not by doing the works of the law, because no one will be justified by the works of the law. 17 But if, in our effort to be justified in Christ, we ourselves have been found to be sinners, is Christ then a servant of sin? Certainly not! 18 But if I build up again the very things that I once tore down, then I demonstrate that I am a transgressor. 19 For through the law I died to the law, so that I might live to God. I have been crucified with Christ; 20 and it is no longer I who live, but it is Christ who lives in me. And the life I now live in the flesh I live by faith in the Son of God, who loved me and gave himself for me. 21 I do not nullify the grace of God; for if justification comes through the law, then Christ died for nothing.
(Galatians 2:15-21 NRSV)
I think we need to consider three things for this second paradox:
The language is different “keep” as opposed to “work” In Luke 18:21 “keep” is G5442 in Matthew 19:17 “keep” is G5083 in Mark 10:20 “keep” is G5442
The Essene context that “works of the law” has https://www.jstor.org/stable/4193122 suggest this was obtaining salvation through observances and purity rather than Mathew’s list of substantial matters and heart/attitude conditions Matt 19:18-19 (Jesus the new covenant mediator focuses on heart: Matthew 5:38~, Jer 31:33) This may also be why communal living is emphasized since living communally requires putting the community first rather than yourself.
Galatians is using “law” for “Sinai law.” Paul’s not comparing the “old” and “new” covenants but the unconditional-blessings given to Abraham with conditional-blessings at Sinai (which Israel broke). He’s using the covenant of Abraham as an analogy for repenting and accepting mercy (Jeremiah 3:12-14) with the work of Christ and grace compared with justifying yourself through “works of law” and being susceptible to Sinai curses: Gal 3:16-18, Gal 3:10-12, Deuteronomy 27:26. Likewise in Romans 10:5-10 Paul compares the Moab covenant to Sinai with quotes from Lev 18:5 and Deut 30:11-14. Some Jewish tradition considers Sinai lacking and hence the need for Moab: https://www1.biu.ac.il/indexE.php?id=15430&pt=1&pid=14638&level=0&cPath=43,14206,14376,14638,15430 Paul uses a similar analogy in Galatians 4:21~ See the following article:
The Covenant on the Plains of Moab By Haggai Ben-Arzi*
At the end of this week’s reading, the Torah summarizes Moses’ orations, emphasizing that another covenant was made between the Holy One, blessed be He, and the people of Israel: “These are the terms of the covenant which the Lord commanded Moses to conclude with the Israelites in the land of Moab, in addition to the covenant which He had made with them at Horeb” (Deut. 28:69).
This raises a fundamental question: why was there need for another covenant? After all, when the covenant was made at Mount Sinai the people of Israel undertook to obey the Torah and its commandments, as we read in Exodus:
“Then he [Moses] took the record of the covenant and read it aloud to the people. And they said, ‘All that the Lord has spoken we will faithfully do!’ Moses took the blood and dashed it on the people and said, ‘This is the blood of the covenant that the Lord now makes with you concerning all these commands’” (Ex. 24:7-8).
An answer to this question is given in Tractate Shabbat (88a). Regarding the verse, “and they took their places at the foot of the mountain” (Ex. 19:17), Rabbi Abdimi said, “This teaches that the Holy One, blessed be He, overturned the mountain upon them like an [inverted] cask, and said to them, ‘If you accept the Torah, ‘tis well; if not, there shall be your burial.’” In other words, according to the gemara, the covenant at Mount Sinai was made under duress, and any agreement made under duress is not legally and morally binding.
Indeed, that is what the gemara concludes: “This furnishes a strong protest [modaa rabba] against the Torah.” Modaa rabba signifies legal grounds for cancelling a contractual agreement; “If the Holy One, blessed be He, were to take them to court on charges of not upholding their undertakings, they could answer: we agreed under duress” (Rashi, loc. cit., s.v., “moda`a rabbah”).
The coercive element in the covenant at Mount Sinai can be interpreted in various ways. Rabbenu Tam ascribes the coercion to Divine Revelation at Mount Sinai: “For it was by the Word [of G-d], lo, under duress” (loc. cit., Tosefot, s.v., “moda`a rabba le-oraita). In other words, direct Revelation of the Lord created a situation in which there was no free choice, for who can refuse the direct word of G-d?
The element of coercion can also be explained in terms of the emotional state of the Israelites at Mount Sinai. They were still in a state of shock and utter confusion; having left Egypt only seven weeks earlier, they were still agitated by the dramatic events of fleeing the country, being chased by the Egyptians, the Red Sea being split, and encountering tremendous hardships in the wilderness. In such an emotional state any consent or undertaking could have no “resolve,” a necessary condition for making consent binding. For this reason they accepted an undertaking whose terms and implications they barely knew.
If the covenant at Mount Sinai was faulty and lacking, then another covenant was needed that would not have the deficiencies of the previous covenant. Indeed, the covenant on the Plains of Moab was made at the end of the trek through the wilderness, forty years after the exodus from Egypt. During these forty years the people learned the entire Torah and knew exactly what obligations they were taking upon themselves. During these forty years they learned the significance of obeying the commandments, both as individuals and as a nation.
The covenant on the Plains of Moab was thus concluded with full awareness and clarity of mind. This covenant is the one that binds later generations, and not the covenant at Mount Sinai. Only here does Scripture say, “I make this covenant, with its sanctions, not with you alone, but both with those who are standing here with us this day before the Lord our G-d and with those who are not with us here this day” (Deut. 29:13-14). The midrash (Tanhuma 3, and Rashi, loc. cit.) learns from this: “[The covenant was made] also with future generations.”
Regarding the covenant on the Plains of Moab one can ask where the people’s consent appears. At Sinai, the Israelites declared their consent three times: “All the people answered as one, saying, ‘All that the Lord has spoken we will do!’” (Ex. 19:8); “and all the people answered with one voice, saying, ‘All that things that the Lord has commanded we will do!’” (Ex. 24:3), and “Then he took the record of the covenant and read it aloud to the people. And they said, ‘All that the Lord has spoken we will faithfully do!’” (Ex. 24:7).
In the covenant on the Plains of Moab, which as we said was binding on the people for future generations as well, only Moses spoke and the people remained silent. What sort of covenant is this if the people do not express their explicit consent to be party to it?
The people’s response turns out to have been given in actions, not in words. Immediately after the covenant on the Plains of Moab they crossed the Jordan River to the Plains of Jericho, where a great circumcision ceremony took place for all the Israelites born in the wilderness. “This is the reason why Joshua had the circumcision performed…none of the people born after the exodus, during the desert wanderings, had been circumcised…and it was these that Joshua circumcised, for they were uncircumcised” (Josh. 5:4-7). The people’s consent to the covenant found expression in their agreeing to observe the commandment of circumcision, just as Abraham entered a covenant with G-d by circumcising himself and his son:
God further said to Abraham, “As for you, you and your offspring to come throughout the ages shall keep My covenant. Such shall be the covenant between Me and you and your offspring to follow which you shall keep: every male among you shall be circumcised. You shall circumcise the flesh of your foreskin, and that shall be the sign of the covenant between Me and You…Thus shall My covenant be marked in your flesh as an everlasting pact.” (Gen. 17:9-13)
Indeed, immediately after the covenant of circumcision at Jericho, the Holy One, blessed be He, told Joshua, “Today I have rolled away from you the disgrace of Egypt” (Josh. 5:9). The process of the exodus from Egypt and forging the bond between the Holy One, blessed be He, and the people of Israel, did not reach its conclusion at Sinai, rather in the covenant on the Plains of Moab, which begins with Moses, on the eastern side of the Jordan River, and concludes with Joshua son of Nun, on the western side of the Jordan River.
The covenant on the Plains of Moab is what created mutual accountability within the Jewish people. Regarding the verse, “Concealed acts concern the Lord our G-d; but with overt acts, it is for us and our children ever to apply all the provisions of this Teaching” (Deut. 29:28), Rashi says, based on the gemara (Sanhedrin 43b): “Even for overt acts [transgressions committed openly] He did not punish the people collectively until after they crossed the Jordan River…and became accountable one for another.”
This mutual accountability, which requires that we care and be responsible for every Jew, is what turns us from a collection of individuals into a well-formed national entity. The Israelites became a people in the full sense of the word only after the covenant on the Plains of Moab: “to enter into the covenant of the Lord your G-d, which the Lord your G-d is concluding with you this day, with its sanctions; to the end that He may establish you this day as His people and be your G-d, as He promised you” (Deut. 29:11-12). We became a people neither with the exodus from Egypt, nor at Mount Sinai, but only upon entering the land that we were to settle.
Actually, one could also argue “moda`a rabba le-oraita” regarding the covenant on the Plains of Moab. According to Rabbenu Tam, the covenant at Mount Sinai was lacking because there was no free choice in the face of Divine Revelation. But revelation did not come to an end at Mount Sinai. Throughout their wanderings in the wilderness the people witnessed overt miracles—the pillar of fire and pillar of cloud that went before the people and protected them; the manna, the quail, and Miriam’s well, which fed the people in an unnatural way. Although a distinction should be drawn between direct Revelation at Mount Sinai and the miracles in the wilderness, as Maimonides notes (Sefer ha-Mada, Hilkhot Yesodei Torah, ch. 8, halakhah 1 and 2), does not latter state of ongoing miracles in which the Israelites lived for decades essentially deprive a person of free choice?
This is apparently why Joshua did not make do with the covenants of Moses, and towards the end of his life arranged a ceremony renewing the covenant in Shechem: “Joshua assembled all the tribes of Israel at Shechem. He summoned Israel’s elders and commanders, magistrates and officers; and they presented themselves before G-d” (Josh. 24:1). On this occasion he gave them anew the choice whether to stand by the Lord and His Teaching or to abandon the Lord and go in the ways of other peoples: “Now, therefore, revere the Lord and serve Him with undivided loyalty…Or, if you are loath to serve the Lord, choose this day which ones you are going to serve” (Josh. 24:14-15). As in the covenant at Mount Sinai, here too the people rose to the challenge placed before them by their leader and undertook to worship the Lord:
But the people replied to Joshua, “No, we will serve the Lord.” Thereupon Joshua said to the people, “You are witnesses…” And the people declared to Joshua, “We will serve none but the Lord our G-d and will obey none but Him.” (Josh. 24:21-25)
The advantages of the covenant at Shechem are clearly evident. By the end of Joshua’s life the people had experienced decades of fighting for conquest of the land, most of the battles being in difficult conditions and without supernatural intervention. Here the people not only knew the Torah but also were familiar with the combination of the Promised Land and the Torah, not only with overt Divine Providence, but also and primarily with covert Providence, operating through nature and history. Here the people were no longer “a people that dwells apart,” rather a people that rubs up against the peoples of Canaan and is influenced by their culture.
This is where the true test came, and the Israelites stood it with flying colors, evincing the highest level of faithfulness to the Lord and adherence to the Torah: “We will serve none but the Lord our G-d, and we will obey none but Him” (Josh. 24:24). Henceforth the relationship between God and His people does not end with Revelation at Mount Sinai, rather it begins there, continues with the covenant on the Plains of Moab and the Plains of Jericho, concludes with the covenant of Joshua at Shechem. This city was rightfully dubbed “the city of the Covenant,” for there alone was the covenant between the people and their G-d concluded.
Translated by Rachel Rowen
Dr. Haggi Ben-Arzi teaches at the Center for Basic Jewish Studies, as well as Yellin College and Lifschitz College in Jerusalem. His book, Megillat Sheshet ha-Yamim was recently published.
 “Resolve” requires an emotional state of consciousness enabling a person to make a decision on the basis of responsible consideration. Therefore the Halakhah stipulates that any agreement made without absolute and complete resolve is not legally binding. For further reading, cf. Maimonides, Mishneh Torah, Sefer Kinyan, Hilkhot Mekhirah, ch. 11, esp. hal. 2 and 6.
 The place where this covenant was made is called Gilgal, based on the Hebrew verb, galoti (= “I have rolled away”). Some people identify biblical Gilgal with the Deir Hajla (the monastery of St. Gerasimos), situated one kilometer west of the Jordan River, near Kibbutz Beit Ha-Arava and the outpost Beit Hogla. Near the monastery on the Jordan River is a prominent hill that some people identify as Gibeath-Ha’araloth (“Hill of Foreskins”).
 This invocation is reminiscent of the invocation introducing the covenant on the Plains of Moab: “You stand this day, all of you, before the Lord your G-d—your tribal heads, your elders and your officials, all the men of Israel” (Deut. 29:9).
 Save for the miracles that accompanied the first stage of crossing the Jordan River and the people entering the land (at Jericho, Beth Horon, and the Valley of Ayalon).
11. Misconception “A woman’s vows in her father’s house could only be annulled when she was young.”
This may not be a misconception but I thought I’d add my alternate interpretation here as well. The verses in question are here:
3 When a woman makes a vow to the Lord, or binds herself by a pledge, while within her father’s house, in her youth, 4 and her father hears of her vow or her pledge by which she has bound herself, and says nothing to her; then all her vows shall stand, and any pledge by which she has bound herself shall stand. 5 But if her father expresses disapproval to her at the time that he hears of it, no vow of hers, and no pledge by which she has bound herself, shall stand; and the Lord will forgive her, because her father had expressed to her his disapproval.
6 If she marries, while obligated by her vows or any thoughtless utterance of her lips by which she has bound herself, 7 and her husband hears of it and says nothing to her at the time that he hears, then her vows shall stand, and her pledges by which she has bound herself shall stand. 8 But if, at the time that her husband hears of it, he expresses disapproval to her, then he shall nullify the vow by which she was obligated, or the thoughtless utterance of her lips, by which she bound herself; and the Lord will forgive her. 9 (But every vow of a widow or of a divorced woman, by which she has bound herself, shall be binding upon her.) 10 And if she made a vow in her husband’s house, or bound herself by a pledge with an oath, 11 and her husband heard it and said nothing to her, and did not express disapproval to her, then all her vows shall stand, and any pledge by which she bound herself shall stand. 12 But if her husband nullifies them at the time that he hears them, then whatever proceeds out of her lips concerning her vows, or concerning her pledge of herself, shall not stand. Her husband has nullified them, and the Lord will forgive her. 13 Any vow or any binding oath to deny herself, her husband may allow to stand, or her husband may nullify. 14 But if her husband says nothing to her from day to day, then he validates all her vows, or all her pledges, by which she is obligated; he has validated them, because he said nothing to her at the time that he heard of them. 15 But if he nullifies them some time after he has heard of them, then he shall bear her guilt. 16 These are the statutes that the Lord commanded Moses concerning a husband and his wife, and a father and his daughter while she is still young and in her father’s house. (Numbers 30:3-15)
What if “youth” here just means “under authority” like a “servant.” Indeed some people are more mature than others regardless of their age. The fact that it speaks about the woman’s vows being able to be annulled by her husband later means there isn’t necessarily a concern for the woman’s youth or inexperience just a concern for the authority structure in the household and of protecting the woman from making rash vows (men are not protected in this way at any point) However, women and men are always allowed to run away from any authority. (as we have learned in my previous post)
In other places boy is rather the name of function, and denotes servant . . . Gen. 37:2 נַעַר הוּא “he (was) servant with the sons of Bilhah,” etc. . . 2 Kings 5:20; 8:4: Exod. 33:11; 2 Ki. 4:12; used also of common soldiers . . . 1 Kings 20:15, 17, 19; 2 Kings 19:6
Indeed, it uses the same term for “youth” when a woman returns to her father’s house when older “as in her youth” and says she can eat the same things she could in her “youth.” In addition, along with the family, it was only servants bought with money that could also eat these holy things:
10 No lay person shall eat of the sacred donations. No bound or hired servant of the priest shall eat of the sacred donations; 11 but if a priest acquires anyone by purchase, the person may eat of them; and those that are born in his house may eat of his food. 12 If a priest’s daughter marries a layman, she shall not eat of the offering of the sacred donations; 13 but if a priest’s daughter is widowed or divorced, without offspring, and returns to her father’s house, as in her youth, she may eat of her father’s food. No lay person shall eat of it. 14 If a man eats of the sacred donation unintentionally, he shall add one-fifth of its value to it, and give the sacred donation to the priest. 15 No one shall profane the sacred donations of the people of Israel, which they offer to the Lord, 16 causing them to bear guilt requiring a guilt offering, by eating their sacred donations: for I am the Lord; I sanctify them. (Leviticus 22:10-16 NRSV)
The annulling of vows by the father may have partially been to prevent the curse in Genesis from taking place, compare the following:
To the woman he said, “I will greatly increase your pangs in childbearing; in pain you shall bring forth children, yet your desire shall be for your husband, and he shall rule over you.” (Gen 3:16 NRSV)
16 When a man seduces a virgin who is not engaged to be married, and lies with her, he shall give the bride-price for her and make her his wife. 17 But if her father refuses to give her to him, he shall pay an amount equal to the bride-price for virgins. (Exodus 22:16-17 NRSV)
A woman may rashly vow to marry a controlling husband but think better of it later as this research may show:
Even worse, these masculine men often embody the Dark Triad, a personality constellation that encompasses Machiavellianism, psychopathy, and narcissism. So, what in the world is appealing about these objectionable individuals? Quite simply, they possess high-quality genes that they will pass down to their future children.
. . . What did the researchers find? Women preferred aggressive men as short-term mates, and particularly during ovulation. This finding builds on previous work demonstrating that women find male characteristics such as dominance and masculine facial features especially attractive when they are fertile.
We have also learned the following in my previous post:
A. Even sons in their father’s house had no income of their own and had to follow all the orders of their father. (Luke 15:11-32)
B. Good sons are said to “serve” their fathers with the same word used for “servant” in Malachi 3:17.
C. That a servant is not different from a son until inheritance. (Galatians 4:1-3)
D. That sex with the capability of producing children is an obligation of men to women.(Ex 21:10) (Gen 30:14-18) (Gen 38:8-10)
In addition to D. one of the Jewish interpretations of Leviticus 19:29 in the Talmud is to not deny your daughter her right to get married when she is young:
(Fol. 76) You shall not profane your daugher (Lev. 19, 29). R. Eliezer says: “This refers to one who marries off his [young] daughter to an old man.” R. Akiba says: “This refers to one who leaves his daughter unmarried until she enters the age of womanhood.” R. Cahana in the name of R. Akiba said (Ib. b) Who is to be considered poor and shrewd-wicked? He who has left his daughter unmarried until she enters the age of womanhood.”
Ein Yaakov (Glick Edition), Sanhedrin 9:1
Gesenius has this for the word used in Leviticus 19:29:
(3) to lay open, to give access to [“to profane, from the idea of opening”], hence—(a) חִלֵל הַבַּת Lev. 19:29, to prostitute one’s daughter, comp, Lev. 21:7,14.
So these things about making sure the father lets his daughter get married may fit with my interpretation but it would also fit with the standard interpretation of “youth.” If that standard interpretation is correct then by specifying “in her youth” it’s implying the father should make sure she doesn’t have to remain in his house afterward. Given what we know about household authority and not being able to resolve “why are her vows able to be annulled when she is older by her husband” this would make some sense.
The last question is “could the word be interpreted both “youth” and “under authority” in this case?” If that was the case the associated meanings I have come up with for both interpretations would seem to apply.
Here I’ve compiled a list of common misconceptions about the Torah. The number comes first with the misconception in quotes and my response follows below. These are ordered in a way so the later responses are based on the previous but other than that the order is arbitrary.
1. Misconception: “The Torah endorses slavery.”
Calling servants in the Torah “slaves” in the modern sense is an anachronism. Servants are free to run away. (Deuteronomy 23:15-16) This today would be called “a job” but with a long contract. The servant was free to break that contract but would face consequences from not being trusted to keep contracts with other people or employers. Indeed owners of actual slaves sometimes prevented slaves from reading parts of the Bible that were against what they were doing: https://www.history.com/news/slave-bible-redacted-old-testament
2. Misconception: “You could force your daughter to marry someone.”
Although there are cases where women seem to be promised in a way that treats them like property, e.g. ‘Then Caleb said, “Whoever attacks Kiriath-sepher and takes it, I will give him my daughter Achsah as wife.”’ (Judges 1:12) this is not endorsed anywhere in the Torah. While women may have felt cultural pressure to comply with their father it follows from 1. that you couldn’t force someone to marry you or someone else because they could run away even if they were only a servant. How much more a daughter? In addition, you couldn’t capture someone in the first place and hence you couldn’t force anyone physically to do anything without a legal reason, see Exodus 21:16 and Deuteronomy 24:7. Later in Jewish law this principle still remains: there is no such thing as “jail” in Jewish law, only a temporary holding for judgment. This is incredibly libertarian for ancient law which was usually less individualist than today. I would argue that jail today is immoral according to the Torah, just give someone their punishment and let them go.
3. Misconception: “After a waiting period you could rape captives and force them to marry you.”
The passage in question follows:
10 When you go out to war against your enemies, and the Lord your God hands them over to you and you take them captive, 11 suppose you see among the captives a beautiful woman whom you desire and want to marry, 12 and so you bring her home to your house: she shall shave her head, pare her nails, 13 discard her captive’s garb, and shall remain in your house a full month, mourning for her father and mother; after that you may go in to her and be her husband, and she shall be your wife. 14 But if you are not satisfied with her, you shall let her go free and not sell her for money. You must not treat her as a slave, since you have dishonored her. (Deu 21:10-14)
It follows from the previous that Deuteronomy 21:11 does not mean you can force someone to marry you. Marriage was arranged with the father of the woman and this law states that you are still allowed to marry someone that has no father. The phrase in Deuteronomy 21:13 “go in to her” does not describe sexual relations as you might think from reading other parts of the Bible because the Hebrew words there are literally “go in” and “husband” and are not elsewhere used to imply sex. Therefore there is not even a possible implication that you can have sex with her simply because the time is over. The word translated “dishonor” is used in Deuteronomy 22:24 for consensual sex so there is no implication of rape.
4. Misconception: “Rape wasn’t taken very seriously in the society of the Bible.”
This idea is often used in order to make excuses for interpretations of the Bible that are rape-friendly but nothing could be further from reality. There’s no case in that Bible where rape was taken lightly. The rape of the concubine in Judges was avenged by a national civil war. (Judges 19-21) The rape of Tamar by Amnon was avenged by Amnon’s death and possibly was the cause of another national civil war because David didn’t punish Amnon. (2 Samuel 13) What’s commonly called the rape of Dinah in Gen 34:2 was avenged by genocide. (Gen 34:25-31) According to this article, it may have even been consensual, but the crime was just taking advantage of an inexperienced young woman: https://www.myjewishlearning.com/article/dinah/ Do we even take rape that seriously today? I think not.
Women were protected from having their conjugal duty diminished “If he takes another wife to himself, he shall not diminish the food, clothing, or marital rights of the first wife.” (Ex 21:10) and Rachel and Leah were able to trade a night with Jacob for mandrakes Gen 30:14-18. Also note that it’s the less attractive Leah that tells Jacob: “‘You must come in to me; for I have hired you with my son’s mandrakes.’ So he lay with her that night.” God killed Onan for not having sex in a way that would cause pregnancy when he was supposed to perform the duty of the Levarite in Genesis 38:8-10. Rather than sex being an obligation of women, it seems that it was an obligation of men especially for the purpose of giving women children. This probably breaks a lot of the preconceptions most people have about the Biblical culture.
5. Misconception: “A virgin was supposed to marry her rapist.”
Given that Israelite culture tended to avenge rape with genocide and civil war, slipping this idea into the law would be difficult. The passage in question follows:
28 “If a man finds a young woman who is a virgin, who is not betrothed, and he seizes her and lies with her, and they are found out, 29 then the man who lay with her shall give to the young woman’s father fifty shekels of silver, and she shall be his wife because he has humbled her; he shall not be permitted to divorce her all his days. 30 “A man shall not take his father’s wife, nor uncover his father’s bed. (Deuteronomy 22:28-30)
The word in Deuteronomy 22:28 (“taphas” Qal Perfect form in Hebrew) is never used for rape elsewhere and is totally different and unrelated to the word used in Deuteronomy 22:25 for rape “chazaq” which is also in the causative form the “hiphil.” If they wanted to say this was rape they could have easily used the same word with the same form again to describe it in the previous case. In verse 28 it says “and they are found out” implying both are responsible and consenting in contrast to the rape in Deuteronomy 22:25-27 which refers to the man and the woman separately. The location (town or city) is not specified, unlike the situations before making this a seemingly different situation than the rape that is described before. “Taphas” is used in the same form in Gen 4:21 for playing the lyre and pipe . . . Here “taphas” is translated “seize” but is used in the context of persuasion:
Someone will even seize a relative, a member of the clan, saying, “You have a cloak; you shall be our leader, and this heap of ruins shall be under your rule.” (Isaiah 3:6)
He is holding onto him in order to persuade him. Any forcible seizure would be short-lived given the power of kings in that day and age. In addition, Num 5:13 uses the “niphal” stem (Aspect: Perfect) as a reflexive to mean a woman who “caught in the act” (NRSV) of adultery. In Deu 21:19 it is used in the Qal Perfect form to mean “take hold of him” to bring to the judges.
While “taphas” is used in contexts of war for the “capture” of people in battle or otherwise (hence probably why the NRSV above translates it as “seize”) it does not by itself imply force was used on those people (the threat of force is only implied by the situation). The question is: do we know how it is used in the context of a sexual encounter with a woman? No, it is only used in that context here in Deuteronomy 22:28. However, even if Taphas means “capture” or “non-consent” in this case there are other options besides interpreting it as rape which I will explain.
While Taphas is a different word than that used for rape immediately prior, it is also not used in Deuteronomy 22:22,23 to describe consensual sex. Instead of “hold” (taphas) H8610 and “lie with” (shachav) H7901 in Deuteronomy 22:28; the words used in verses 22 and 23 are “find” (matza) H4672 and “lie with” (shachav) H7901. So why the difference? If “taphas” implies a lack of consent or a “capture” then we may answer that both the father and the daughter had to consent to the marriage. The father’s authority can be established in many different places. The daughter’s authority to refuse can be established if you read the entirety of this blog post. If the father didn’t consent then that implies a “non-consent” or “capture” of the daughter which would fit with the word “taphas” being used to describe the non-consensual (but not necessarily violent) capture of people. In fact, the parallel of Deuteronomy 22:28 in Exodus 22:16 is in the context of damages to the household possessions via theft or negligence and Keil and Delitzsch say of Exodus 22:16:
The seduction of a girl, who belonged to her father as long as she was not betrothed (cf. Exodus 21:7), was also to be regarded as an attack upon the family possession. Whoever persuaded a girl to let him lie with her, was to obtain her for a wife by the payment of a dowry (מהר see Genesis 34:12); and if her father refused to give her to him, he was to weigh (pay) money equivalent to the dowry of maidens, i.e., to pay the father just as much for the disgrace brought upon him by the seduction of his daughter, as maidens would receive for a dowry upon their marriage. The seduction of a girl who was betrothed, was punished much more severely (see Deuteronomy 22:23-24).
This is backed up by the following verse Exodus 22:17 “But if her father refuses to give her to him, he shall pay an amount equal to the bride-price for virgins.” Therefore, if “taphas” H8610 in Deuteronomy 22:28 is used at all to describe a “capture” or “non-consent” then verses 29-30 give the context of what the “capture” or “non-consent” was from:
29 the man who lay with her shall give fifty shekels of silver to the young woman’s father, and she shall become his wife. Because he violated her he shall not be permitted to divorce her as long as he lives. 30 A man shall not marry his father’s wife, thereby violating his father’s rights. (Deuteronomy 28:29-30)
If it is a “capture” it is a “capture” from the father’s authority not from the woman’s own will since both the father and the woman must be willing to accept the man. The rights of the father are not randomly started in verse 30 but are a continuation of the right of the father to not have his daughter taken away (“captured”) without his consent and his right to the bride-price. In addition, this law is merged with the law about seduction in Exodus 22:16-17 in Philo, Josephus, and the Dead Sea Scrolls (11Q Temple Scroll). This law is merely specifying the bride-price that was mentioned in Exodus and as a common-law addition, it is clarifying that you couldn’t use the loop-hole of divorce for the marriage commanded in Exodus.
All that being said there are plenty of examples where “taphas” is used to mean “wield” or “play” which seems like a much more likely association for a sexual encounter. I’m just giving an argument that even if you take it in the stronger ways it is used it doesn’t necessarily imply rape. This article has more details on the Hebrew in question: https://cbmw.org/2018/03/05/did-old-testament-law-force-a-woman-to-marry-her-rapist/
6. Misconception: “Masters could treat their slaves like animals and break up marriages once they got children.”
The verses in question:
1 These are the ordinances that you shall set before them: When you buy a male Hebrew slave, he shall serve six years, but in the seventh he shall go out a free person, without debt. 3 If he comes in single, he shall go out single; if he comes in married, then his wife shall go out with him. 4 If his master gives him a wife and she bears him sons or daughters, the wife and her children shall be her master’s and he shall go out alone. 5 But if the slave declares, “I love my master, my wife, and my children; I will not go out a free person,” 6 then his master shall bring him before God. He shall be brought to the door or the doorpost; and his master shall pierce his ear with an awl; and he shall serve him for life. (Ex 21:1-6)
You also couldn’t break up a marriage even if you were the employer of a servant. The servant that is said to go out in Ex 21:4 is clearly just becoming an independent (non-servant) if you read the context. This says nothing about the status of his marriage. He would want to stay employed with you so he could see his wife and kids consistently. Also according to Jesus:
3 He answered them, “What did Moses command you?” 4 They said, “Moses allowed a man to write a certificate of dismissal and to divorce her.” 5 But Jesus said to them, “Because of your hardness of heart he wrote this commandment for you. 6 But from the beginning of creation, ‘God made them male and female.’ 7 ‘For this reason a man shall leave his father and mother and be joined to his wife, 8 and the two shall become one flesh.’ So they are no longer two, but one flesh. 9 Therefore what God has joined together, let no one separate.” (Mark 10:7-9 emphasis mine)
7. Misconception: “You could trick someone into being your servant forever by giving him a wife.”
You couldn’t trick someone into serving you forever by setting them up with a wife they wanted to be around consistently, see Exodus 21:1-6 and Deuteronomy 15:16-17.
then his master shall bring him before God. He shall be brought to the door or the doorpost; and his master shall pierce his ear with an awl; and he shall serve him for life. (Ex 21:6)
Although it says “serve him for life” this doesn’t tell us exactly how their relationship changes. A son is also said to serve the father. Consider the following:
B. You are taking him to the doorpost where the law of God was posted.
C. God gave the Israelites the right to stay on the land and own the houses and land they had. (Leviticus 25:22-34)
D. Sons are said to serve the father. The same word for servant is used in Malachi 3:17 and a son is not different than a servant until inheritance comes into play Galatians 4:1-3
E. Sons had to follow all the commands of the father and did not have their own source of income as implied by Luke 15:11-32.
F. A servant is said to become an heir if he is pampered in many translations of Proverbs 29:21, see ESV and YLT for examples. However, the Hebrew is uncertain and different translations render it differently.
G. The only other examples of blood being put on the earlobes in a ceremony is of a transfer from a lower status to a higher one: the cleansing of the leper and the consecration of the priests: Lev 14:1-4, Leviticus 8:1~
H. Karel van der Toorn is a secular theologian who has studied the Biblical ceremony of piercing the ear with an awl and has concluded that it is was an adoption ceremony. (see the book “God in Context”)
8. Misconception: “You could beat your servants for no reason and you weren’t punished unless they died within a day.”
The relevant verses follow:
20 When a slaveowner strikes a male or female slave with a rod and the slave dies immediately, the owner shall be punished. 21 But if the slave survives a day or two, there is no punishment; for the slave is the owner’s property. (Ex 21:20-21 NRSV)
Now it’s obvious you couldn’t beat someone to death as it says here where the same word is used for “strikes:” “Whoever strikes a person mortally shall be put to death.” (Exodus 21:12) Actually, if you did any significant (or maybe permanent) damage to your servant they would become an independent: Exodus 21:26-27 The reason you could punish servants (assuming you were the head of a household) is that you were part of the legal system. Just as today we might post the law of the land on the courthouse so in that time the laws of God were posted on the gates (where the elders sat) and on the doorposts of houses: Deuteronomy 6:9 and Deuteronomy 11:20. Regardless of whether you agree with the implications of where the law was posted, it is a fact that the legal system was much more distributed in the Torah than in most modern societies. Take for example the avenger of blood in Deuteronomy 19:11-12 which was just a person in the victim’s family.
The mention of the servant as “property” is literally “money” and there is a curious similarity to the previous verses which talk about compensating individuals for loss of work and cost of recovery in a fight:
18 When individuals quarrel and one strikes the other with a stone or fist so that the injured party, though not dead, is confined to bed, 19 but recovers and walks around outside with the help of a staff, then the assailant shall be free of liability, except to pay for the loss of time, and to arrange for full recovery. (Exodus 21:18-19)
The case in verse 21 for the servant living one or two days is not for when it looked like they had died of their injuries because beating someone near death would do significant (and by definition permanent) damage and hence make the servant an independent causing the death of the servant to be avenged as an independent person. (just for those who think Ex 21:12 didn’t apply with servants for some reason) Rather verse 21 is for a case where it is unknown what killed the servant.
However, is there a connection to the two independent men fighting and compensation? I think verse 21 simply specifies that since the servant was a source of income and value to the employer that any uncertainty in what caused the death should be decided in the employer’s favor since he is presumed to have suffered a loss from this. This seems to not be the case with independent men since nothing is said about whether the victim dies a day or two later.
Another view (that I’m not in favor of) is that the employer would not be liable for the loss of time of the servant unlike the two men fighting since the employer suffers a loss from having to support the servant while recovering. If this were the case it would suggest that the punishment for a servant could be rather harsh. I don’t agree with this for several reasons: 1. The passage does not specify what to do when the servant is confined to bed but recovers. It only specifies what to do if the servant is confined to bed and then dies. It would be nonsensical to assume anything about compensating the servant in a case where he dies. 2. The Bible also prevents harsh beatings even if they would only be “degrading:” “Forty lashes may be given but not more; if more lashes than these are given, your neighbor will be degraded in your sight.” (Deuteronomy 25:3 NRSV) Life-threatening beatings would seem to be excluded by preventing “degrading” beatings.
9. Misconception: “The Torah Condones Burning People Alive”
The relevant verses follow:
When the daughter of a priest profanes herself through prostitution, she profanes her father; she shall be burned to death. (Leviticus 21:9 NRSV)
This wasn’t actually “burned to death” but “burned after death.” Compare this more literal translation with the story of Achan in Joshua 7 where he is condemned to be burned with fire but is stoned then burned with fire:
`And a daughter of any priest when she polluteth herself by going a-whoring — her father she is polluting; with fire she is burnt. (Leviticus 21:9 YLT)
See the excerpt on Achan below:
15 And the one who is taken as having the devoted things shall be burned with fire, together with all that he has, for having transgressed the covenant of the Lord, and for having done an outrageous thing in Israel.’” . . . 25 Joshua said, “Why did you bring trouble on us? The Lord is bringing trouble on you today.” And all Israel stoned him to death; they burned them with fire, cast stones on them, 26 and raised over him a great heap of stones that remains to this day. Then the Lord turned from his burning anger. Therefore that place to this day is called the Valley of Achor. (Leviticus 7:15-26 NRSV)
10. Misconception: “The punishments in the Torah are exact.”
The punishments in the Torah are actually maximum punishments. For instance, the punishment for adultery is said to be death (Leviticus 20:10) but Hosea was able to not punish his wife for adultery (possibly by just not reporting it–which is another thing the Torah did not mandate) and it also speaks of accepting compensation for adultery in Proverbs:
32 But he who commits adultery has no sense; he who does it destroys himself. 33 Blows and disgrace are his lot, and his shame will never be wiped away. 34 For jealousy arouses a husband’s fury, and he will show no mercy when he takes revenge. 35 He will not accept any compensation; he will refuse a bribe, however great it is. (Proverbs 6:32-35)
It also states that the owner of an ox that is accustomed to gore shall be put to death–but then states right after that payment can also be required of him:
28 When an ox gores a man or a woman to death, the ox shall be stoned, and its flesh shall not be eaten; but the owner of the ox shall not be liable. 29 If the ox has been accustomed to gore in the past, and its owner has been warned but has not restrained it, and it kills a man or a woman, the ox shall be stoned, and its owner also shall be put to death. 30 If a ransom is imposed on the owner, then the owner shall pay whatever is imposed for the redemption of the victim’s life. 31 If it gores a boy or a girl, the owner shall be dealt with according to this same rule. 32 If the ox gores a male or female slave, the owner shall pay to the slaveowner thirty shekels of silver, and the ox shall be stoned. (Exodus 21:28-32)
David also gives deviant judgements from the letter of the law based on circumstances:
4 When the woman of Tekoa came to the king, she fell on her face to the ground and did obeisance, and said, “Help, O king!” 5 The king asked her, “What is your trouble?” She answered, “Alas, I am a widow; my husband is dead. 6 Your servant had two sons, and they fought with one another in the field; there was no one to part them, and one struck the other and killed him. 7 Now the whole family has risen against your servant. They say, ‘Give up the man who struck his brother, so that we may kill him for the life of his brother whom he murdered, even if we destroy the heir as well.’ Thus they would quench my one remaining ember, and leave to my husband neither name nor remnant on the face of the earth.”
8 Then the king said to the woman, “Go to your house, and I will give orders concerning you.” 9 The woman of Tekoa said to the king, “On me be the guilt, my lord the king, and on my father’s house; let the king and his throne be guiltless.” 10 The king said, “If anyone says anything to you, bring him to me, and he shall never touch you again.” 11 Then she said, “Please, may the king keep the Lord your God in mind, so that the avenger of blood may kill no more, and my son not be destroyed.” He said, “As the Lord lives, not one hair of your son shall fall to the ground.” (2 Samuel 14:1-33)
The penalty in the above should have been death but David may have in mind principles of taking care of the widow and the orphan that are also in the law.
1 and the Lord sent Nathan to David. He came to him, and said to him, “There were two men in a certain city, the one rich and the other poor. 2 The rich man had very many flocks and herds; 3 but the poor man had nothing but one little ewe lamb, which he had bought. He brought it up, and it grew up with him and with his children; it used to eat of his meager fare, and drink from his cup, and lie in his bosom, and it was like a daughter to him. 4 Now there came a traveler to the rich man, and he was loath to take one of his own flock or herd to prepare for the wayfarer who had come to him, but he took the poor man’s lamb, and prepared that for the guest who had come to him.” 5 Then David’s anger was greatly kindled against the man. He said to Nathan, “As the Lord lives, the man who has done this deserves to die; 6 he shall restore the lamb fourfold, because he did this thing, and because he had no pity.” (2 Samuel 12:1-5)
The following has a good explanation of the above:
Recall the parable of the poor man’s ewe in the book of Samuel.4 David has slept with Bathsheba, the wife of Uriah, one of his soldiers on the battlefront. The prophet Nathan wishes to compel the errant king into an awareness of his misdoing. He brings up a fictitious case in which a man blessed with large flocks steals and slaughters the ewe of his neighbor, a poor man who owned nothing but the ewe, which he loved very much.
The king does not realize that the parable is a metaphor of his own lust for women, of whom he has had many. Asked by Nathan to adjudicate this hypothetical case, he imposes a punishment on the thief. Now, if biblical law were statutory law, David would need only to consult Exodus 21:37: “If a man steals an ox or a sheep and slaughters it or sells it, he shall pay five oxen for the ox and four sheep for the sheep.” David, however, deviates from this ostensible statute. In addition to obligating the thief to four-fold restitution—as per Exodus—he also sentences him to death.
Also, the phrase “an eye for an eye” in the lex talionis passages could be literally translated as “an eye under an eye” and there is a different phrase used in Deuteronomy (where a false witness attempts to incriminate someone) to say that the same punishment should be implemented on that witness.
From a statutory perspective, David’s actions are out of line, a violation of the cardinal tenet of strict construction: interpreting the law as literally as possible. Seen as common law, however, the proposal in Exodus of four-fold restitution for a stolen and slaughtered sheep is not prescriptive but rather an example of justice in the given circumstances: presumably, a case of the thief’s need for food or cash. David, clearly aware of the Torah’s teaching, applies it to a case in which the thief’s actions are flagrant and contemptible in the extreme. The thief is not some poor person desperate to feed his family, while the victim is not only poor himself but has been brutally robbed of his only, beloved possession. Such avarice and callousness warrant the perpetrator’s death.
There are negative and positive commandments and there are not (in general) legal punishments for breaking the positive ones. Negative commands use the Hebrew words for “no” and “not” which are לא and אין to describe what one should avoid doing, such as “thou shalt not” in the ten commandments. However a negative can also be implied, like describing a rebellious son and issuing punishment for him. (implication: don’t be a rebellious son)
18 If someone has a stubborn and rebellious son who will not obey his father and mother, who does not heed them when they discipline him, 19 then his father and his mother shall take hold of him and bring him out to the elders of his town at the gate of that place. 20 They shall say to the elders of his town, “This son of ours is stubborn and rebellious. He will not obey us. He is a glutton and a drunkard.” 21 Then all the men of the town shall stone him to death. So you shall purge the evil from your midst; and all Israel will hear, and be afraid. (Deuteronomy 21:18-21 NRSV)
However, what if this is actually the case throughout? It would be another rule of interpretation we could use. Just like the rules of Hillel are found throughout the Bible, Hillel just described the rules as Newton described the law of gravity. Hillel no more instituted the rules of Hillel than Newton instituted gravity. So it is possible that this is a principle of biblical law and we can make an argument based on the idea of positive commandments not having a legal punishment.
One of the positive Passover commandments states:
10 Speak to the Israelites, saying: Anyone of you or your descendants who is unclean through touching a corpse, or is away on a journey, shall still keep the passover to the Lord. 11 In the second month on the fourteenth day, at twilight, they shall keep it; they shall eat it with unleavened bread and bitter herbs. 12 They shall leave none of it until morning, nor break a bone of it; according to all the statute for the passover they shall keep it. 13 But anyone who is clean and is not on a journey, and yet refrains from keeping the passover, shall be cut off from the people for not presenting the Lord’s offering at its appointed time; such a one shall bear the consequences for the sin. (Numbers 9:10-13)
My argument follows:
1. The Passover is a positive command and therefore does not have a legal punishment.
2. “Cut off from the people [of israel]” taken literally, means not being considered an Israelite.
3. “Cut off a from people [of israel]” would not be punishment for foreigners who were already not israelite.
4. Therefore if you gain the status of Israelite via the Passover then being considered a foreigner would not be a legal punishment, you would just not get the benefit of the Passover.
5 But if “cut off from people” is legal punishment this contradicts with number 1.
6. To reconcile, we suppose the Passover gave the legal right to be Israelite. Therefore, being cut off is not a legal punishment, just a lack of benefit from the positive command.
Additional evidence seems to imply the Passover was a conversion ritual:
If an alien who resides with you wants to celebrate the passover to the Lord, all his males shall be circumcised; then he may draw near to celebrate it; he shall be regarded as a native of the land. But no uncircumcised person shall eat of it; (Exodus 12:48)
It’s interesting that this idea of positive and negative commandments assumes that God can decide to write things in a specific way in order to convey a message. “God said let there be light and there was light” is written as “וַיֹּאמֶר אֱלֹהִים יְהִי אֹור וַֽיְהִי־אֹֽור” you’ll notice that “and there was light” and “let there be light” are written in the same way ” וַֽיְהִי־אֹֽור” and ” יְהִי אֹור” except for the vav (meaning “and”) and the nikkud (nikkud weren’t added till later). How can this be? Because of the vav conversive which changes the tense of the statement, so they can be written the same way even though the tenses are different. However, the vav does not force this to be the case all the time. Therefore, this may be conveying “it happened exactly as God said it would” through the syntax. If I see a pattern in the way punishment is given for negative and positive commandments then that may be evidence of a pattern that has meaning.
For instance, with the positive command of honoring your father, you can do things that wouldn’t honor your father that should not be legally punished like squandering your inheritance. Another example, Christ criticized some Pharisees for teaching that people can make offerings of things instead of supporting/honoring their father. Mark 7:10-12. However, it would be inappropriate for the legal system to step in and tell them that you had to give your parents things to support them, this is a family matter. (at the very least it would be inappropriate if it dictated the specifics)
But can “cut off” really mean that? The LXX has what may appear to a more violent interpretation of “cut off.” “that soul shall be utterly destroyed from it’s people” https://studybible.info/interlinear/Numbers%209:13 For those who aren’t familiar with the Septuagint (LXX), it is simply a translation of the Hebrew and is trying to convey the meaning behind the Hebrew. It will also reflect their understanding of the Hebrew at that time. I think it is a good reference which was quoted by Jesus and his disciples but I don’t view it as the final authority on something. It is something that must be weighed with the rest of the evidence. It is also useful because it is translated sometimes from more ancient Hebrew texts than the Masoretic so you can use the Dead Sea scrolls as a second witness to see if a certain reading is correct (for example it turns out the Goliath is not as tall as he is the Masoretic text according to the witness of the Septuagint and the Dead Sea Scrolls)
In addition, the LXX also uses some greek words that mean violence in much less forceful ways, for example, read the context of these and often “force” just means “persuade” https://studybible.info/search-interlinear/strongs/G971Also, the LXX translates “cut off” as “destroyed from his race” which isn’t the same thing as destroyed. Also, observe that that same word is used to just mean “destroyed” without the corresponding “from his race” qualification: https://studybible.info/search-interlinear/strongs/G1842 If something is qualified it is usually not the same as the unqualified thing and should be restricted to that context, another example would be “olam” or “forever” it is sometimes used in context of a human life where it just means “forever until death” The LXX actually uses “forever” to translate “all of his days” from the Hebrew multiple times (i.e. https://studybible.info/interlinear/ex%2021:6 )
Going back to positive commandments, another interesting set of verses is:
25 The priest shall make atonement for all the congregation of the Israelites, and they shall be forgiven; it was unintentional, and they have brought their offering, an offering by fire to the Lord, and their sin offering before the Lord, for their error. 26 All the congregation of the Israelites shall be forgiven, as well as the aliens residing among them, because the whole people was involved in the error. 27 An individual who sins unintentionally shall present a female goat a year old for a sin offering. 28 And the priest shall make atonement before the Lord for the one who commits an error, when it is unintentional, to make atonement for the person, who then shall be forgiven. 29 For both the native among the Israelites and the alien residing among them—you shall have the same law for anyone who acts in error. 30 But whoever acts high-handedly, whether a native or an alien, affronts the Lord, and shall be cut off from among the people. 31 Because of having despised the word of the Lord and broken his commandment, such a person shall be utterly cut off and bear the guilt. (Numbers 15:30)
This would seem to include any sin, including breaking positive commands. So is “cut off from among the people” a legal punishment here? Not in my mind; the law is part of the covenant and if you reject part of the law by sinning purposely then you reject the whole covenant. (James 2:10) Therefore it’s hard to see if this is actually punishment or is just a statement of the result of purposely rejecting part of the covenant. You get the benefit of the covenant by being Israelite, if you reject it you lose that benefit. Therefore this may not actually be punishment but a lack of obtaining the benefit of the covenant.
Interestingly, in addition to sinning on purpose, verse 30 may refer to taking an improper place of judgment for oneself. The previous context is about forgiving sins and the following context is about them asking what to do to a man who had picked up sticks on the sabbath so the would judge properly.
It actually uses the same word to talk about claiming responsibility for something yourself: (“ought” is supplied in the KJV)
Were it not that I feared the wrath of the enemy, lest their adversaries should behave themselves strangely, and lest they should say, Our hand is high, H7311 and the LORD hath not done all this. (Deu 32:27 KJV)
But the soul that doeth ought presumptuously, H7311 whether he be born in the land, or a stranger, the same reproacheth the LORD; and that soul shall be cut off from among his people. (Num 15:30 KJV)
The Septuagint uses the same word here for people who refuse to listen to the priest to carry out the law properly:
And the man who ever should do in pride G5243 to not obey the priest standing beside to officiate in the name of the lord your God, or the judge who ever should be in those days, then [2shall die 1that man], and you shall lift away the wicked one from out of Israel. (Deut 17:12)
And the soul who shall do a thing by hand through pride G5243 — of the native born, or of the foreigners — [3God 1this one 2provokes], and [2shall be utterly destroyed 1that soul] from out of its people,(Num 15:30)
11 You must carry out fully the law that they interpret for you or the ruling that they announce to you; do not turn aside from the decision that they announce to you, either to the right or to the left. 12 As for anyone who presumes to disobey the priest appointed to minister there to the Lord your God, or the judge, that person shall die. So you shall purge the evil from Israel. 13 All the people will hear and be afraid, and will not act presumptuously again. (Deut 17:11-13 NRSV)
While none of that conclusively shows it also refers to presumptuous judgment it does provide an interesting parallel. If you purposely reject God’s authority structure by taking up judgment and not listening to the priest you also reject God’s covenant.
Update 2020-03-14: I have found a possible flaw in my idea of “cut off from people” (KJV version) This seems to parallel “put to death” with “cut off from people”:
Exo 31:14 Ye shall keep the sabbath therefore; for it is holy unto you: every one that defileth it shall surely be put to death: for whosoever doeth any work H4399 therein, that soul shall be cut off from among his people.
Exo 31:15 Six days may work H4399 be done; but in the seventh is the sabbath of rest, holy to the LORD: whosoever doeth any work H4399 in the sabbath day, he shall surely be put to death.
Exo 35:2 Six days shall work H4399 be done, but on the seventh day there shall be to you an holy day, a sabbath of rest to the LORD: whosoever doeth work H4399 therein shall be put to death.
One possible explanation to save my theory is that both happen. Not only is the person killed but they are no longer considered an Israelite since working is a purposeful act of breaking the covenant.
All verses are in the NRSV unless otherwise noted. When I first started writing this I thought I had to admit that the Bible did not explicitly prohibit rape of an unmarried unbetrothed woman. However, I have now realized that the Bible does explicitly prohibit rape in Ex 21:16 and Deut 24:7 because it prohibits the capture/seizure of people which is part of rape. I argue that Deuteronomy 22:28-29 is connected with Exodus 22:16-17 and is about seduction and not rape but I don’t have time to make that argument here, instead see this article: https://cbmw.org/topics/sex/did-old-testament-law-force-a-woman-to-marry-her-rapist
I do think rape is explicitly against other laws–for instance it would at least be covered under the laws concerning damages to people and certainly against the law to love your neighbor. However, I will argue that just because it is not explicitly named that the Bible’s attitude should not be taken as lax towards it. In fact, I will argue that under the biblical law that rape requires the death penalty.
So why isn’t rape itself explicitly mentioned in the law? For a few reasons I suspect
1 The first one is pretty obvious: it was covered directly by other laws against capturing and indirectly by laws against slavery which came almost immediately in the giving of the law.
There was no reason to add specific cases to a good comprehensive general one. This comes by observing that the Tanakh is very much against capturing and slavery:
Whoever kidnaps h1589 a person, whether that person has been sold or is still held in possession, shall be put to death. (Exodus 21:16)
If someone is caught kidnaping h1589 another Israelite, enslaving or selling the Israelite, then that kidnaper shall die. So you shall purge the evil from your midst. (Deuteronomy 24:7)
Notice it uses the same Hebrew word for “steal” in the 10 commandments. There are some translations that have “and” in-between each case here rather than “or” which causes some to argue that it only prohibited the combination of them: kidnapping, selling, and found in their possession. However, in YLT this seems to be the result of translating the vav literally and consistently as “and” and is not a mandate for how to understand the vav in that particular context. Keil and Delitzsch correct the misconception that vavs can only mean “and” and note the severity with which this capturing was treated:
Maltreatment of a father and mother through striking (Exodus 21:15), man-stealing (Exodus 21:16), and cursing parents (Exodus 21:17, cf. Leviticus 20:9), were all to be placed on a par with murder, and punished in the same way. By the “smiting” (הכּה) of parents we are not to understand smiting to death, for in that case ומת would be added as in Exodus 21:12, but any kind of maltreatment. . . . Man-stealing was also no less a crime, being a sin against the dignity of man, and a violation of the image of God. For אישׁ “a man,” we find in Deuteronomy 24:7, נפשׁ “a soul,” by which both man and woman are intended, and the still more definite limitation, “of his brethren of the children of Israel.” The crime remained the same whether he had sold him (the stolen man), or whether he was still found in his hand. (For ו – ו as a sign of an alternative in the linking together of short sentences, see Proverbs 29:9, and Ewald, 361.) This is the rendering adopted by most of the earlier translators, and we get no intelligent sense if we divide the clauses thus: “and sell him so that he is found in his hand.”
This attitude is consistent with the Bible’s libertarian treatment of individual freedom and the prohibition against forced servitude:
15 Slaves who have escaped to you from their owners shall not be given back to them. 16 They shall reside with you, in your midst, in any place they choose in any one of your towns, wherever they please; you shall not oppress them. (Deuteronomy 23:15-16 )
It even says the type of slavery that happened in Egypt was wrong since it says that you shall not crush (H3905) the sojourners like has been done to you in Egypt:
You shall not wrong or oppress H3905 a resident alien, for you were aliens in the land of Egypt. (Exodus 22:21)
This is because the same word H3905 is used to describe the oppression of the Egyptians upon the Israelite:
The cry of the Israelites has now come to me; I have also seen how the Egyptians oppress H3905 them. (Exodus 3:9)
You shall not oppress H3905 a resident alien; you know the heart of an alien, for you were aliens in the land of Egypt. (Exodus 23:9)
we cried to the Lord, the God of our ancestors; the Lord heard our voice and saw our affliction, our toil, and our oppression. H3906 (Deu 26:7)
It in fact says that you should treat sojourners as natives:
The alien who resides with you shall be to you as the citizen among you; you shall love the alien as yourself, for you were aliens in the land of Egypt: I am the Lord your God. (Leviticus 19:34)
It says that you should never rule over anyone like the Egyptians did to the Israelites (the context in Ezekiel is criticizing their behavior):
The Egyptians became ruthless H6531 in imposing tasks on the Israelites, (Exo 1:13)
You have not strengthened the weak, you have not healed the sick, you have not bound up the injured, you have not brought back the strayed, you have not sought the lost, but with force and harshness you have ruled H6531 them. (Ez 34:4)
So if they couldn’t behave like the Egyptians and they couldn’t capture or force people to stay with them then what motivation could servants have for staying? I think this was a way for people who had gotten into debt (by committing a crime or otherwise) to get back on their feet by making an extended contract with someone. The servant could break that contract but if they broke it for no good reason then other people would be less likely to want to have them as a servant. It also says to provide them with resources when they went out, this may have been partially motivation for staying. In addition this may imply that they came in with nothing, hence were working to get back on their feet:
And when you send a male slave out from you a free person, you shall not send him out empty-handed. 14 Provide liberally out of your flock, your threshing floor, and your wine press, thus giving to him some of the bounty with which the Lord your God has blessed you. (Deuteronomy 15:13)
There are intricacies to these contracts that often escape our notice; servants could be given authority to manage the household and manage the marriage of a son (Genesis 24:2) and also may have been heirs automatically when no children were present (Genesis 15:3). They could own property (2 Samuel 19:17), and they, or a relation, could buy their freedom regardless of the master’s will to keep them (Lev 25:47–50).
And it seems to have had a positive connotation:
Then she said, “May I continue to find favor in your sight, my lord, for you have comforted me and spoken kindly to your servant, even though I am not one of your servants.” (Ruth 2:13)
You could replace “servant” with “daughter” and it would still make sense. Interestingly a son is said to serve the father and it uses the same word that means “servant” elsewhere:
They shall be mine, says the Lord of hosts, my special possession on the day when I act, and I will spare them as parents spare their children who serve H5647 them. (Mal 3:17)
Since you have to capture someone to rape them and you can’t capture people this would outlaw rape. Also raping a person is like taking them temporarily as a sex slave so the prohibition against forced servitude or slavery would indirectly outlaw rape as well.
2 The second reason it does not explicitly mention rape is because of the nature of ancient law which is not meant to be comprehensive:
Excursus: The Paradigmatic Nature of Biblical Law
Modern societies generally have opted for exhaustive law codes. That is, every action modern society wishes to regulate or prohibit must be specifically mentioned in a separate law. Under the expectations of this exhaustive law system, state and/or federal law codes run to thousands of pages and address thousands of individual actions by way of requirement or restriction or control or outright banning of those actions. By this approach, all actions are permitted that are not expressly forbidden or regulated. Thus it is not uncommon that criminals in modern Western societies evade prosecution because of a “technicality” or a “loophole” in the law—their undesirable actions are not exactly prohibited or regulated by a written law, so they cannot be convicted even though an objective observer may be convinced that what they did surely deserved punishment.
Ancient laws did not work this way. They were paradigmatic, giving models of behaviors and models of prohibitions/punishments relative to those behaviors, but they made no attempt to be exhaustive. Ancient laws gave guiding principles, or samples, rather than complete descriptions of all things regulated. Ancient people were expected to be able to extrapolate from what the sampling of laws did say to the general behavior the laws in their totality pointed toward. Ancient judges were expected to extrapolate from the wording provided in the laws that did exist to all other circumstances and not to be foiled in their jurisprudence by any such concepts as “technicalities” or “loopholes.” When common sense told judges that a crime had been committed, they reasoned their way from whatever the most nearly applicable law specified to a decision as to how to administer proper justice in the case before them. Citizens of ancient Israel, and especially its judges, had to learn to extrapolate from whatever laws they had received from Yahweh to whatever justice-challenging situation they were dealing with. The number of laws dealing with any given application of justice might be few, but that would not prevent justice from being applied. It would simply have been the case that all parties were expected to appeal for guidance to those laws that did exist, whether or not expressed specifically in terms that dealt with the case under consideration. In other words, the Israelites had to learn to see the underlying principles in any law and not let the specifics of the individual casuistic citation mislead them into applying the law too narrowly.
God’s revealed covenant law to Israel was paradigmatic. No Israelite could say: “The law says I must make restitution for stolen oxen or sheep (Exod. 22:1), but I stole your goat. I don’t have to pay you back,” or “The law says that anyone who attacks his father or mother must be put to death (Exod. 21:15), but I attacked my grandmother, so I shouldn’t be punished,” or “The law says that certain penalties apply for hitting someone with a fist or a stone (Exod. 21:18), but I kicked my neighbor with my foot and hit him with a piece of wood, so I shouldn’t be punished.” Such arguments would have insulted the intelligence of all concerned and made no impact on those rendering judgments. It is in connection with the paradigmatic nature of Israel’s covenant law that Jesus, following the established tradition in Judaism, could make so sweeping an assertion as that two laws sum up all the rest [Matt. 22:34-40]. Properly understood, two laws do indeed sum up everything in the entire legal corpus of the Old Testament. So do ten laws (the Ten Words/Commandments); so do all six hundred and thirteen. The numbers go no higher, nor would they need to. If a reasonable number of comprehensive and comprehensible laws (as few as two, as many as six hundred and thirteen) are provided to a people as paradigms for proper living, there is no excuse for that people to claim ignorance of how to behave or to claim innocence when their sins are found out.
. . .
A final implication of paradigmatic law: not all laws will be equally comprehensive in scope. That is, some will be very broad in their applicability (love Yahweh your God) and some much more narrow (do not bear false witness). One might ask, “Why not say ‘don’t be dishonest in any way,’ which would be broader and more comprehensive than ‘don’t bear false witness’?” But that would be missing the way paradigmatic law works: through a somewhat randomly presented admixture of rather specific examples of more general behaviors and very general regulations of broad categories of behavior, the reader/listener comes to understand that all sorts of situations not exactly specified (either because a law is so broad or so narrow) are also implicitly covered. In other words, when all the laws are considered together, one’s impression is that both the very narrow, precise issues and the very broad, general issues fall under the purview of God’s covenant. The wide variability of comprehensiveness is intended to help the person desiring to keep the covenant to say, “I now see that in the tiniest detail as well as in the widest, most general way, I am expected to try to keep this law—in all its implications, not just in terms of its exact wording.” Some commandments are thus less broad in scope in the way they are expressed than is necessary to cover all the intended actions; others are so broad in scope in the way they are expressed that one could never think up all the ways they might be applied. This is just as it should be. The narrow and the broad taken together suggest the overall comprehensiveness of God’s covenant will for his people. (p. 442-45) https://www.rodneychrisman.com/2010/08/11/the-paradigmatic-nature-of-biblical-law/ see original source: https://books.google.com/books?id=8H9E00e5PSwC&pg=PA442#v=onepage&q&f=false
3 There was already a law mandating that servants not be held against their will. This can be combined with the rule of “light and heavy” to also outlaw holding anyone against their will which is a prerequisite for rape.
15 Slaves who have escaped to you from their owners shall not be given back to them. 16 They shall reside with you, in your midst, in any place they choose in any one of your towns, wherever they please; you shall not oppress them. (Deuteronomy 23:15-16 )
Essentially servants would have had the least rights in the society, so if people with the least rights couldn’t be held against their will then how much more the non-servants? Light and heavy is described below:
Kal Vahomer (Light and heavy)
The Kal vahomer rule says that what applies in a less important case will certainly apply in a more important case. A kal vahomer argument is often, but not always, signaled by a phrase like “how much more…”
The Rabbinical writers recognize two forms ok kal vahomer:
kal vahomer meforash – In this form the kal vahomer argument appears explicitly. kal vahomer satum – In which the kal vahomer argument is only implied. There are several examples of kal vahomer in the Tenach.
For example: Behold the righteous shall be recompensed in the earth: much more the wicked and the sinner. (Proverbs 11:31)
And: If you have run with footmen and they have wearied you, then how can you contend with horses? (Jerermiah 12:5a)
Other Tenach examples to look at: Deuteronomy 31:27; 1 Samuel 23:3; Jerermiah 12:5b; Ezekiel 15:5; Esther 9:12
There are several examples of kal vahomer in the New Testament. Y’shua often uses this form of argument.
For example: If a man receives circumcision on the Sabbath, so that the Law of Moses should not be broken, are you angry with me because I made a man completely well on the Sabbath? (Jn. 7:23)
And: What man is there among you who has one sheep, and if it falls into a pit on the Sabbath, will not lay hold of it and lift it out? Of how much more value then is a man than a sheep? Therefore it is lawful to do good on the Sabbath. (Mt. 12:11-12)
Other examples of Y’shua’s usage of kal vahomer are: Matthew 6:26, 30 = Luke 12:24, 28; Mathhew 7:11 = Luke 11:13; Matthew 10:25 & John 15:18-20; Matthew 12:12 & John 7:23
4 The fourth reason rape may not have been mentioned is because of cultural differences that made it not as important to address directly.
Unlike the Greeks and Romans, the ANE was not very ‘into’ using slaves/captives for sexual purposes, even though scholars earlier taught this:
“During the pinnacle of Sumerian culture, female slaves outnumbered male. Their owners used them primarily for spinning and weaving. Saggs maintains that their owners also used them for sex, but there is little actual evidence to support such a claim” [OT:EML:69]
There’s no case in the Bible where rape was taken lightly. The rape of the concubine in Judges was avenged by a national civil war. (Judges 19-21) The rape of Tamar by Amnon was avenged by Amnon’s death and possibly was the cause of another national civil war because David didn’t punish Amnon. (2 Sam. 13) What’s commonly called the rape of Dinah (Gen 34:2) (which may have even been consensual) was avenged by genocide. (Gen 34:25-31) Do we even take rape that seriously today? I think not.
The one possible exception to this pattern is in judges 21 where the men of Benjamin are given women that were captured from Jabesh-Gilead, in addition, they are invited to steal women at a festival which they accomplish. However, a few points: 1. This was a terrible time in Israel and the story illustrates that. 2. There is also genocide and killing going on left and right so the fact that another atrocity is overlooked is expected. 3. The women of Jabesh-Gilead that Benjamin take are specifically those that have never lain with a man. There is no way to test for virginity reliably–especially in that day–and so this was most likely because the women were too young to have been with a man, hence they would have had to wait for them to mature before marriage. 4. It is never said that they raped anyone, rather the women seeing that they were taken and that their fathers were not going to do anything about it may have eventually acquiesced willingly (although admittedly this still terrible and is not consensual since it is done under duress and manipulation). Nevertheless, these cases differ from the explicitly stated cases of rape and do not show an–overall–cultural acquiescence to those cases.
In the Torah women were protected from having their conjugal duty diminished “If he takes another wife to himself, he shall not diminish the food, clothing, or marital rights of the first wife.” (Ex 21:10) and Rachel and Leah were able to trade a night with Jacob for mandrakes Gen 30:14-18. Also note that it’s the less attractive Leah that tells Jacob: “‘You must come in to me; for I have hired you with my son’s mandrakes.’ So he lay with her that night.” God killed Onan for not having sex in a way that would cause pregnancy when he was supposed to perform the duty of the Levarite in Genesis 38:8-10. Hannah’s prayer was answered by God when she cried because she was not able to become pregnant and was ridiculed by her rival 1 Samuel 1:1-28. Part of one of the Jewish interpretations of Leviticus 19:29 in the Talmud is to not deny your daughter her right of marriage for too long:
Ein Yaakov (Glick Edition), Sanhedrin 9:1 (Fol. 76) You shall not profane your daugher (Lev. 19, 29). R. Eliezer says: “This refers to one who marries off his [young] daughter to an old man.” R. Akiba says: “This refers to one who leaves his daughter unmarried until she enters the age of womanhood.” R. Cahana in the name of R. Akiba said (Ib. b) Who is to be considered poor and shrewd-wicked? He who has left his daughter unmarried until she enters the age of womanhood.”
Rather than sex being an obligation of women, it seems that it was an obligation of men especially for the purpose of giving women children. This probably breaks a lot of the preconceptions most people have about the Biblical culture.
Here’s an interesting statement on how culture really determines what people are likely to do:
At the same time, many of the men who have violated a woman sexually do not meet clinical diagnostic criteria as either sociopaths, sexual deviants, or for that matter neurologically (or intellectually) impaired. While “stranger danger” stirs deep, easy dread (and is hence a useful trope for screenwriters and politicians), most sexual violence takes place among otherwise normative people who are familiar with each other and are involved in some type of relationship. This raises the possibility that to these perpetrators, the violence appears, in context, normative. By this argument, a sizable proportion of the men who attack women are following, rather than flaunting, social dictates.
The role of social dictates in shaping individual behavior is often overlooked because we are inclined to favor internal causes when explaining other people’s behavior. This tendency is so fundamental that it has a name: The Fundamental Attribution Error. (When evaluating our own, particularly negative behavior, however, we often rely on less damning external explanations. To wit: you’re late for work because you’re lazy. I’m late because of traffic. This is called the “actor-observer effect”).
It turns out, however, that social and situational variables often override individual characteristics in predicting one’s behavior and overall future. If I need to predict whether you’ll be dancing next Friday night, it’s better for me to inquire about where you’ll be that night than about your extraversion score on a personality test. If I want to know whether you’ll become wealthy, I’m better off basing my prediction on whether your parents are wealthy than on the conscientiousness score on your personality test. We are more beholden to our circumstances than we tend to believe. This is true in general; and it’s true for sexual violence in particular. For example, contextual and group factors (such as orders from the leadership, pre-conflict rates of sexual violence, intra-group dynamics, gender inequality) predict the prevalence of war rapes better than the personalities or characteristics of individual soldiers.
Circumstances matter in part because they set (or remove) certain hard parameters. Regardless of your personal characteristics, if you’re at your wedding, you’re going to dance. The fact also remains that if you are born in Afghanistan to poor parents, you have no access to capital. If you’re born in Manhattan to wealthy parents, you do. Circumstances, particularly social ones, also matter greatly because as herd animals, we are utterly dependent on the approval, acceptance, cooperation, and support of others. Thus, we are wired to notice, take into account, and align with the behavior of those around us.
If you’re still telling yourself that you are your own person, doing your thing, not giving a damn about what others think—then you need to grow up and face the (social) facts. Society gives you life. It is your main source of strength and identity. Without it you’re hopeless—an ant that has lost its colony. Society provides you with the tools and rules for living. It has fearsome powers of reward and retribution. In other words society, as the sociologist Randall Collins has argued brilliantly, is God. https://www.psychologytoday.com/us/blog/insight-therapy/201902/when-men-attack-why-and-which-men-sexually-assault-women
We expect people back then to be like they are today. However, this isn’t always the case. The first difference we do know is that they were a polygynist society which is sometimes caused by a need to deal with the issue of lack of men (sometimes caused by war):
However, this is speculation. I haven’t had any luck on finding what the actual gender ratio was in biblical times and when I have found articles there seem to be different opinions.
However, some things I can observe from the law and culture is that: 1. there is no premarital sex, a man who sleeps with a woman is supposed to marry her “he shall surely marry her” and “unless the father absolutely refuses” in Exodus 22:16 and Deuteronomy 22:29 (I argue that this is indeed a seduction but don’t have time to go into this now) Here’s something I wrote that touches on premarital sex: https://hebrewroots.intentionalcommunities.world/2019/02/03/gesenius-and-leviticus-1929/ This makes early sexual competition over mates virtually non-existent if followed correctly. 2. Marriage is arranged by the family at a young age which also prevents any rejection based on sexual prowess that seems to increase the risk of men becoming rapists. It is possible however that someone’s wife would reject them and that might increase the risk of rape. However, based on my arguments on the Torah the consent of both the person being married and the guardian was required because the Torah gives the freedom to run away for any reason based on not holding servants against their will and the rule of light and heavy. Also, the modern rise in narcissistic personality disorder may be a result of modern living and individualism all of which would be absent in the tribal society of the Bible: https://www.psychologytoday.com/us/blog/freedom-learn/201401/why-is-narcissism-increasing-among-young-americans
The following is about rape being associated with narcissism:
Heavy drinking, perceived pressure to have sex, a belief in “rape myths” — such as the idea that no means yes — are all risk factors among men who have committed sexual assault. A peer group that uses hostile language to describe women is another one. Yet there also seem to be personal attributes that have a mediating effect on these factors. Men who are highly aroused by rape porn — another risk factor — are less likely to attempt sexual assault if they score highly on measures of empathy, Dr. Malamuth has found. What about the idea that rape is about power over women? Some experts feel that research into hostile attitudes toward women supports this idea. In general, however, researchers say motives are varied and difficult to quantify. Dr. Malamuth has noticed that repeat offenders often tell similar stories of rejection in high school and of looking on as “jocks and the football players got all the attractive women.”As these once-unpopular, often narcissistic men become more successful, he suspects that “getting back at these women, having power over them, seems to have become a source of arousal.”
I should be clear when arguing this that I am not blaming women rejecting men for causing men to rape. I am saying based on science allowing men to freely compete and be rejected by women on an individual basis seems to increase the likelihood that narcissistic men will rape. A family-based method of choosing mates would redirect anger towards a rival family which could be bad as well, it’s just not likely to result in rejected narcissistic men blaming women. There’s a similar behavior in orangutans for those who find animal studies helpful in explaining human behavior:
One possible reason for the rapes, she said, is because it takes so long for males to mature in the rain forest. In zoos, captive male orangutans usually become mature at age 13 or 14. In the rain forest of Borneo, however, they do not become mature until age 20, only then developing the cheek pads and large throat sac of a male adult. Although they are capable of sexual activity before that, females in heat are not attracted to them, so their only sexual option becomes force.
There’s a Biblical ethics paper I am working on that will address more misconceptions like this and fill in some details on how ancient Israelite law was supposed to work. I think there is a huge amount of bias in the way people interpret the Bible from chronological bigotry. Us moderns looking backwards/downwards like to feel good about ourselves and like we are making moral progress. We also just like to be able to feel outraged about something, whether it’s Harambe’s killing or ancient people mistreating their women. This seems to be the case irrespective of our level of knowledge on these topics. However, the bias that comes with interpreting the law through a lens that assumes words like “slave” (used by some translations of the Bible) meant the same thing back then as it does today is even worse. If we poison the well with misunderstandings as bad as that, it’s no wonder that we see other parts of the law as barbaric.