18 Appoint judges and officials for each of your tribes in every town the Lord your God is giving you, and they shall judge the people fairly. 19 Do not pervert justice or show partiality. Do not accept a bribe, for a bribe blinds the eyes of the wise and twists the words of the righteous. 20 Follow justice and justice alone, so that you may live and possess the land the Lord your God is giving you.
by Christopher J. H. Wright

Leadership in Israel: Judges and Kings · Some scholars regard the section 16:18–18:22 as related to the fifth commandment, just as the previous section (usually defined as 14:28–16:17) is based on the sabbatical rhythm of the fourth commandment. The fifth commandment focuses on the honor due to parents, who are the first form of social authority encountered in life. Parental authority, however, is a model for other forms of authority and leadership in society (as is seen in the use of “father” for various kinds of honored or important persons in many societies).
The way Deuteronomy sets four offices of authority and leadership in Israel side by side in this section (judge, king, priest, and prophet) gives us an insight into its “constitutional” intentions. The clear distinction and separati…
Having presented the most basic principles and stipulations of the covenant that will govern their life in the Promised Land, Moses now expands on these concepts, adding specific examples, principles and details that relate to the covenant and the worship of God. In general, the arrangement of the topics discussed in this section (12-26) follows the order of topics addressed in the Ten Commandments.
For example, Deuteronomy 12–13 reflects expansions and implications of the first three of the Ten Commandments, relating to who God is and how he alone is to be worshiped. Thus this section underscores that God himself determines the way he will be worshiped, and Israel is not to follow the ways of her pagan neighbors in worshiping her God. Idolatry is very, very serious, God declares, and adv…
18 Appoint judges and officials for each of your tribes in every town the Lord your God is giving you, and they shall judge the people fairly. 19 Do not pervert justice or show partiality. Do not accept a bribe, for a bribe blinds the eyes of the wise and twists the words of the righteous. 20 Follow justice and justice alone, so that you may live and possess the land the Lord your God is giving you.
The teaching now moves to discussing what the fifth commandment means, for more is intended than simply honor and respect to one’s parents—it involves respect for all whom God has placed in authority over his people.
First, “judges and officials” (16:18–20) are to rule “fairly,” without “pervert[ing] justice,” “show[ing] partiality,” or “accept[ing] a bribe.” Failure to exercise absolute fairness will result in their failure to live and possess the land (16:20) that God is giving to them.
Israel’s source of authority must not be replaced by an idol such as an Asherah pole or a sacred stone (16:21–22), nor should any defective sacrifice be accepted in legal matters; the same rule that is in force for worship is in force here too (17:1).
Three rules of evidence are given in 17:2–7. Justi…
Leadership in Israel: Judges and Kings: Some scholars regard the section 16:18–18:22 as related to the fifth commandment, just as the previous section (usually defined as 14:28–16:17) is based on the sabbatical rhythm of the fourth commandment. The fifth commandment focuses on the honor due to parents, who are the first form of social authority encountered in life. Parental authority, however, is a model for other forms of authority and leadership in society (as is seen in the use of “father” for various kinds of honored or important persons in many societies).
The way Deuteronomy sets four offices of authority and leadership in Israel side by side in this section (judge, king, priest, and prophet) gives us an insight into its “constitutional” intentions. The clear distinction and separatio…
Direct Matches
A gift given in order to influence a decision or judgment. The OT law prohibits giving a bribe with the result that a false judgment (the innocent proclaimed guilty or vice versa) is delivered (Exod. 23:8; Deut. 16:19; 27:25; see also Ps. 15:5). Some proverbs (Prov. 17:8; 18:16; 21:14), however, speak more positively about bribes (or gifts). Perhaps the circumstance of a gift is the issue. The giving of a gift in order to circumvent justice is wrong, but there are some situations where bribes can open doors to good ends.
Judges covers the period between the death of Joshua and the rise of the monarchy in Israel. It was a turbulent period, as the people did not seem to have any center in God. The bulk of the book narrates the stories of judges, mostly military leaders, whom God sent to Israel on those occasions when they turned to him for help (Othniel, Ehud, Shamgar, Deborah, Gideon, Jephthah, and Samson). The book also includes brief mentions of judges who are not associated with violent actions against the enemy (Tola, Jair, Ibzan, Elon, and Abdon [10:1 5; 12:8–15]), as well as the story of an abortive attempt to establish kingship during this time (Abimelek [chap. 9]).
Indeed, the stories of the judges who were deliverers tend to follow a relatively set pattern. They begin with the sin of the people, which leads to their oppression by a foreign power. The suffering of the people shocks them into realizing that they need God, and they turn to him for help. In such instances, God responds by giving the people a judge, really a military leader, who then delivers them from the power of their oppressors. However, after a period of peace, the people sin again, and another oppressor takes control.
The two stories in the appendix of the book of Judges simply add emphasis to the dark picture painted in the body of the book. These are two accounts of family sins that expand into national tragedies. Individuals from the tribe of Levi, the priestly tribe dedicated to special service to God, play a particularly negative role in the appendix.
This phrase “in those days Israel had no king” (17:6; 18:1; 19:1; 21:25) is repeated throughout the appendix of the book and alerts the reader to one of the major themes of the book. Who will be the human leader of the people of God? The imperfect judges and the fragmentary condition of the tribes as well as their sad spiritual state cause the reader to yearn for something better: the rise of divinely appointed kingship in Israel. The books of Samuel and Kings, which follow, narrate the promise and ultimate failure of kingship, which itself will lead to the expectation of something even more, the Messiah.
Of several Hebrew words for “judgment,” two are important here.
The word shepet is used of God, who brings the judgments upon the Egyptians in the plagues (Exod. 6:6; 7:4; 12:12). Ezekiel prophesies God’s judgment on Israel and other nations (e.g., Ezek. 5:10; 16:41; 25:11). The word is also applied to human beings, as the Syrians execute judgment on Israel (2 Chron. 24:24).
The most frequent noun is mishpat. Abraham is noted for mishpat, “judgment/justice” (Gen. 18:19). God by attribute is just (Gen. 18:25); he shows justice toward the orphan and the widow (Deut. 10:18) and brings judgment on behalf of the oppressed (Ps. 25:9). At the waters of Marah, God makes a judgment, an ordinance for the people (Exod. 15:25). Similarly, the mishpatim, “judgments/ordinances,” become law for life in Israel (Exod. 21:1). In making judicial judgments, the Israelites are to be impartial (Lev. 19:15), and they are to use good judgment and justice in trade (Lev. 19:35; Prov. 16:11). Israel will be judged for rejecting God’s judgments (Ezek. 5:7 8) and worshiping false gods (Jer. 1:16). Those accused of crime will come to judgment/trial (Num. 35:12). The children of Israel come to their judges for judgment (Judg. 4:5). God will bring each person to a time of judgment regarding how his or her life is spent (Eccles. 11:9).
One key word in the NT is krisis. It has a range of meaning similar to mishpat. In the NT, judgment is rendered for thoughts and words as well as deeds (Matt. 5:21–22; 12:36). Future, eschatological judgment is a key theme for Jesus (Matt. 10:15; 11:22, 24; 12:42), Paul (2 Thess. 1:5), and other NT writers (Heb. 9:27; 10:27; 2 Pet. 2:9; 3:7; 1 John 4:17; Jude 15; Rev. 14:7). Jesus himself will be the judge (John 5:22). The only way to avoid condemnation is by having eternal life in the Messiah (John 5:24).
Another key word in the NT is krima. It may refer to condemnation (Matt. 7:2; Rom. 3:8) or to judgment, again including the eschatological judgment (Acts 24:25). Krima is the word most frequently used by Paul. He also often presents judgment as already realized (e.g., Rom. 2:2–3; 5:16). In the later epistles judgment may be realized as well (2 Pet. 2:3; Jude 4). James points out that not many should presume to be teachers, because they will be judged more strictly (James 3:1).
The concept of justice pervades the Bible, especially, though not exclusively, the OT. The biblical concept of justice is an embodiment of two contemporary concepts: righteousness and justice. The former designates compliance with the divine norm, while the latter emphasizes conformity to a societal standard of what is right and equitable. Focusing exclusively on the latter hinders the correct understanding of justice in the biblical sense.
The source of justice is God himself. It flows from his essential character as one who is both just and righteous, whose actions are flawless, perfect, upright, and just (Deut. 32:4; 1 Sam. 12:7; 2 Sam. 22:31; Job 37:23; Ps. 89:14). God is the righteous lawgiver, hence the one who establishes the norm for right conduct (Deut. 4:4 8; Ps. 19:7–9). He requires justice of all his creatures (cf. Gen. 9:5–6; Exod. 21:12, 28–29). God also judges righteously (Gen. 18:25; 1 Kings 8:32; Ps. 9:4, 9; Jer. 9:24) and defends and vindicates the weak and oppressed (Deut. 10:18; Ps. 103:6). The responsibility of maintaining justice in the human community, however, he delegates to its leaders, such as civil magistrates or political officials, and requires them to execute this responsibility with integrity, equity, and impartiality (Deut. 1:16–17; 16:18–20; Ps. 82:2–4; Prov. 31:8–9; John 7:24; 1 Pet. 2:13–14). God’s requirement of justice in the human community is not limited to its leaders only; it is incumbent upon everyone therein (Ps. 15:1–5; Mic. 6:8; Zech. 7:9; 8:17; Matt. 23:23).
Israel shared the cosmology of its ancient Near Eastern neighbors. This worldview understood the earth as a “disk” upon the primeval waters (Job 38:13; Isa. 40:22), with the earth having four rims or “corners” (Ps. 135:7; Isa. 11:12). These rims were sealed at the horizon to prevent the influx of cosmic waters. God speaks to Job about the dawn grasping the edges of the earth and shaking the evil people out of it (Job 38:12 13).
Israel’s promised land was built on the sanctuary prototype of Eden (Gen. 13:10; Deut. 6:3; 31:20); both were defined by divine blessing, fertility, legal instruction, secure boundaries, and were orienting points for the world. Canaan was Israel’s new paradise, “flowing with milk and honey” (Exod. 3:8; Num. 13:27). Conversely, the lack of fertile land was tantamount to insecurity and judgment. As Eden illustrated for Israel, any rupture of relationship with God brought alienation between humans, God, and the land; this could ultimately bring exile, as an ethically nauseated land “vomits” people out (Lev. 18:25, 28; 20:22; see also Deut. 4; 30).
For Israel, land involved both God’s covenant promise (Gen. 15:18–21; 35:9–12) and the nation’s faithful obedience (Gen. 17:1; Exod. 19:5; 1 Kings 2:1–4). Yahweh was the earth’s Lord (Ps. 97:5), Judge (Gen. 18:25), and King (Ps. 47:2, 7). Both owner and giver, he was the supreme landlord, who gifted the land to Israel (Exod. 19:5; Lev. 25:23; Josh. 22:19; Ps. 24:1). The land was God’s “inheritance” to give (1 Sam. 26:19; 2 Sam. 14:16; Ps. 79:1; Jer. 2:7). The Levites, however, did not receive an allotment of land as did the other tribes, since God was their “portion” (Num. 18:20; Ps. 73:26). Israel’s obedience was necessary both to enter and to occupy the land (Deut. 8:1–3; 11:8–9; 21:1; 27:1–3). Ironically, the earth swallowed rebellious Israelites when they accused Moses of bringing them “up out of a land flowing with milk and honey” (Num. 16:13). As the conquest shows, however, no tribe was completely obedient, taking its full “inheritance” (Josh. 13:1).
In the OT, wisdom is a characteristic of someone who attains a high degree of knowledge, technical skill, and experience in a particular domain. It refers to the ability that certain individuals have to use good judgment in running the affairs of state (Joseph in Gen. 41:33; David in 2 Sam. 14:20; Solomon in 1 Kings 3:9, 12, 28). It can also refer to the navigational skills that sailors use in maneuvering a ship through difficult waters (Ps. 107:27). Furthermore, wisdom includes the particular skills of an artisan (Exod. 31:6; 35:35; 1 Chron. 22:15 16). In all these cases, wisdom involves the expertise that a person acquires to accomplish a particular task. In these instances “wisdom” is an ethically neutral term, or at least that dimension is not emphasized. The wise are those who have mastered a certain skill set in their field of expertise.
The uniqueness of the OT wisdom literature (Job, Proverbs, Ecclesiastes, etc.) is that it highlights the moral dimension of wisdom. Here “wisdom” refers to developing expertise in negotiating the complexities of life and managing those complexities in a morally responsible way that honors God and benefits both the community and the individual. Although it is difficult to pin down a concise definition, one can gain a better understanding of wisdom by investigating two important dimensions: wisdom as a worldview, and the traits of a person who is considered to be wise.
Who is wise? First, the wise are those involved in a lifelong process of character development. They manifest the virtues of righteousness, justice, and equity (Prov. 1:3; 2:9). The embodiment of these virtues culminates in the description of the woman of noble character at the conclusion of Proverbs (31:10–31). She exhibits self-control, patience, care, diligence, discipline, humility, generosity, honesty, and fear of the Lord (cf. James 3:13–18). She is the epitome of wisdom in its maturity and the model that all should emulate.
Second, the wise know the value of words and how to use them. They know when to speak, what to say, and how to say it (Job 29:21–22; Prov. 15:23; 25:11; Eccles. 3:7; 12:9–10). Wisdom and the wise place a premium on the power of words.
Third, the wise place great importance on relationships and on interaction with others. The wise person is the one who is open to the give-and-take of relationships (Prov. 27:5–6, 17, 19). Such a person develops the humility necessary to receive correction and criticism from others. Hearing criticism and changing wrong behavior are integral to wisdom (3:1–11). The wise appreciate insightful criticism because it helps them live life more productively (15:12). Wisdom is, ultimately, relational.
Fourth, the wise person develops the art of discernment (Prov. 1:2, 4–6). The sage is equipped with the ability to think critically. The very quality of wisdom itself invites the re-forming and rethinking of ideas. Sages are not interested in pat answers (26:4–5). Proverbs 16:1–9 throws a wrench in the conventional cogs of wisdom, claiming that although humans make their plans, God has the final say. Both Job and Ecclesiastes go head to head with conventional beliefs, probing more deeply into the complexities of life and the relationship between human and divine. No easy answers exist here. In contrast, fools do not use their mental faculties. They view wisdom as a commodity, a matter of learning some techniques, accepting certain beliefs, and memorizing a few proverbs (17:16). The wise, however, know that wisdom involves the art of critical thinking and interacting with others.
Fifth, and most fundamental, the wise person takes a God-centered focus toward life. Wisdom literature affirms, “The fear of the Lord is the beginning of wisdom” (Prov. 9:10; cf. Prov. 1:7; Job 28:28; Eccles. 12:13). That this is the beginning step in the process of gaining wisdom means that one who misses this step can proceed no further along the path to wisdom. The fear of the Lord is to wisdom as the letters of the alphabet are to forming words. The wise gain wisdom by being in relationship with the Lord (Prov. 3:5–8). The fear of the Lord is the beginning as well as the culmination of wisdom.
Wisdom is a highly prized quality, superior to might and power (Prov. 25:15; Eccles. 9:13–16), and one must diligently seek it (Prov. 2:1–5). Yet in the end, wisdom is a gift that only God can give (Prov. 2:6–8; 1 Kings 3:9).
Direct Matches
A gift given in order to influence a decision or judgment. The OT law prohibits giving a bribe with the result that a false judgment (the innocent proclaimed guilty or vice versa) is delivered (Exod. 23:8; Deut. 16:19; 27:25; see also Ps. 15:5). God, as the ultimate giver of justice, accepts no bribes (Deut. 10:17). The prophets condemn God’s people for accepting bribes and perverting justice (Isa. 1:23; Amos 5:12; Mic. 3:13). Proverbs 6:35; 17:23 associate the bribe with foolish behavior. Some proverbs (Prov. 17:8; 18:16; 21:14), however, speak more positively about bribes (or gifts). Perhaps the circumstance of a gift is the issue. The giving of a gift in order to circumvent justice is wrong, but there are some situations where bribes can open doors to good ends.
The Hebrew term shopet, often translated “judge,” refers to officials granted various forms of authority over the people. In many instances it is judicial authority employed to arbitrate in legal disputes (e.g., Exod. 2:14; Deut. 17:9, 12; Isa. 3:2). However, the Hebrew word, together with corresponding words in related ancient languages such as Ugaritic and Akkadian, is less restrictive than the English and legitimately refers to those whose function expands beyond the dispensation of justice to those with more full-fledged roles as governors or rulers over the people (e.g., Amos 2:3; Mic. 4:14; and in particular throughout the book of Judges).
In the OT, as the ultimate judge (Gen. 18:25; Isa. 33:22; James 4:12) God delegated the administration of justice to the appointed leader of the people of Israel—initially Moses (Exod. 18:13–16); then, during the monarchy, the ruling king (e.g., 1 Kings 3:16–28); and later, Ezra. However, the task of adjudicating every matter was too onerous for a single leader, and thus a judicial hierarchy was established to alleviate the burden of the ruler (Exod. 18:21–23; cf. Num. 11:16–17; Deut. 1:12–17; 16:18–20; Ezra 7:25). Surprisingly, the rulers (or “judges”) who governed Israel during the period recounted in the book of Judges are almost never shown as passing judgment in disputes (the one exception is Judg. 4:4). Rather, they are generally depicted as overcoming foreign threats (Judg. 2:16).
Although civil courts were available for resolving disputes in NT times, Paul encourages believers to avoid making recourse to them in favor of resolving disputes within the church with the assistance of a member of the church recognized as having sufficient wisdom to adjudicate (1 Cor. 6:1–8).
The Bible makes strong distinctions between righteous and sinful judging. God commands his people to exercise fair and impartial judgment, especially to society’s poor and helpless (e.g., Exod. 23:1–9; Prov. 31:9; Isa. 1:17), punishing the perversions of favoritism and bribery (Deut. 16:19; Amos 5:12). The NT warns against partiality (James 2:1–9) and judging by outward appearances (John 7:24). Jesus denounces selfish and hypocritical judgment: “Do not judge, or you too will be judged” (Matt. 7:1 [cf. Luke 6:37]). This kind of judging presumes moral superiority over others (Rom. 2:1–5) and reveals an unrepentant heart, blind to its own sinfulness. It criticizes others over spiritually disputable matters (“specks” [see Matt. 7:3–5]), whereas Christian love defers such judgments to God (Rom. 14:1–18). Believers still must confront sin in the church (Matt. 18:15–17; Heb. 3:12–13; James 5:19–20) and the world (2 Cor. 10:5), but they must do so in a humble, gentle spirit (Gal. 6:1) that repents of its own sin before addressing another’s (Matt. 7:5).
The concept of justice pervades the Bible, especially, though not exclusively, the OT. The key biblical terms that convey this concept include mishpat, tsedeq/tsedaqah, yashar in the OT and the dik- word group in the NT (whose noun and verb forms are translated respectively as “righteous” and “justify” or their respective cognates). The biblical concept of justice is an embodiment of two contemporary concepts: righteousness and justice. The former designates compliance with the divine norm, while the latter emphasizes conformity to a societal standard of what is right and equitable. Focusing exclusively on the latter hinders the correct understanding of justice in the biblical sense. Additionally, the biblical understanding of this concept is encumbered by the use of differing English terms to translate the same Hebrew or Greek terms.
Mishpat and Tsedaqah
Mishpat inherently encompasses the idea of judicial activism consisting in the provision of standard criteria (legislation, instructions, directives) for conduct and adjudication, and/or the actual arbitration between parties with the goal of ascertaining culpability or otherwise and administering the requisite sanctions or acquittal. Tsedaqah, on the other hand, emphasizes the established norm of just order for right conduct both in the larger society and for individuals. Whereas mishpat emphasizes the action that seeks to establish or enforce right patterns of behavior for the common good, tsedaqah stresses the practice (or lack thereof) of such a norm in society, or between individuals, or an individual’s compliance with such a norm.
When used in combination as a hendiadys (or word pair), these two terms signify an inherent requirement for conformity to an established norm (whether in the religious sphere or in civil society) or the requirement of loyalty or right conduct between individuals. To the person who stands to benefit from this norm, it approximates a right (i.e., a claim). Conversely, implicit duty is placed upon the person who ensures the conformity to such an established norm. This fact is better appreciated when we reckon with the covenantal nature of requirements for justice in the ancient world, in which both parties have both claim and responsibility. Broadly speaking, this concept also implies good governance, which accrues order to life and common benefits to all members of the community.
This idea is exemplified even in passages that do not use this precise phraseology (mishpat utsedaqah). Judah’s widowed daughter-in-law, Tamar, had an inherent right to be provided with a (kinsman-redeemer) husband to raise up progeny for her deceased husband, while Judah had the incumbent duty of giving her in levirate marriage to his surviving son. When Judah failed to execute his duty, Tamar entrapped him into an incestuous relationship, from which she conceived. When condemned to die for adultery in a clannish court setting, Tamar revealed the identity of her unborn child’s father, to which Judah responded by saying, “She is more righteous than I, since I wouldn’t give her to my son Shelah” (Gen. 38:26). That is, she acted more in conformity to the norm than he did. In another instance, Yahweh, while challenging the Judeans concerning their loyalty to him in a covenant lawsuit setting, asks, “A son honors his father, and a slave his master. If I am a father, where is the honor due me? If I am a master, where is the respect due me?” (Mal. 1:6). It is Yahweh’s right as father and master to receive honor and respect, while it is their duty to give him both.
God as the Source and Model of Justice
To be just, then, implies conformity to that which is right—yashar (the standard or norm). In Scripture, this standard is the revealed divine will and character. Compliance to it is often expressed in biblical narrative as doing what is “right [or good] in the Lord’s sight” (Deut. 6:18; 12:28; 1 Kings 14:8; 22:43), while its antithesis is doing what is “evil in the eyes of the Lord” (Judg. 2:11; 1 Kings 11:6; 14:22) or doing what some human figure(s) “saw fit” (Deut. 12:8; Judg. 17:6; 21:25).
Therefore, the source of justice is God himself. It flows from his essential character as one who is both just and righteous, whose actions are flawless, perfect, upright, and just (Deut. 32:4; 1 Sam. 12:7; 2 Sam. 22:31; Job 37:23; Ps. 89:14). God is the righteous lawgiver, hence the one who establishes the norm for right conduct (Deut. 4:4–8; Ps. 19:7–9). He requires justice of all his creatures (cf. Gen. 9:5–6; Exod. 21:12, 28–29). God also judges righteously (Gen. 18:25; 1 Kings 8:32; Ps. 9:4, 9; Jer. 9:24) and defends and vindicates the weak and oppressed (Deut. 10:18; Ps. 103:6). The responsibility of maintaining justice in the human community, however, he delegates to its leaders, such as civil magistrates or political officials, and requires them to execute this responsibility with integrity, equity, and impartiality (Deut. 1:16–17; 16:18–20; Ps. 82:2–4; Prov. 31:8–9; John 7:24; 1 Pet. 2:13–14). God’s requirement of justice in the human community is not limited to its leaders only; it is incumbent upon everyone therein (Ps. 15:1–5; Mic. 6:8; Zech. 7:9; 8:17; Matt. 23:23).
Executing justice requires doing all that is essential to bring about the divine order implicit in creation and explicit in revealed truth, to produce harmony in all relationships in which humankind is involved (divine-human, human-human, and human-nature). This has the twofold result of restraining evil and advancing the benefits of just living within the human society. Thus, the fruits of justice are to be seen in all spheres of human life, such as spirituality (2 Cor. 5:17–21), morality and ethics (Phil. 4:8; Col. 3:5–9; Titus 2:11–13), social justice (Exod. 22:21–24; Isa. 56:1; Amos 2:6–7; Ezek. 22:7–29; James 2:1–9), and economic justice (Amos 5:11; 8:4–6; James 5:1–6), as well as in the environment (Deut. 20:19–20; Pss. 96:9–13; 104:1–31; Eccles. 2:5–6; Rom. 8:19–22).
Additionally, the outworking of justice produces (re)distribution and retribution. Distribution means that those blessed materially share of their blessings with those in need (Deut. 15:1–15; Ps. 112:5–9; Prov. 28:27; Isa. 58:1–11; 2 Cor. 8–9). Retribution relates to the vindication and deliverance of the oppressed and judgment on the wicked (1 Sam. 2:7–10; Job 36:5–10; Ps. 72:4; Luke 4:17–20). This is both attested in biblical Israel’s experience (Isa. 1:17–20; 5:1–9; Jer. 5:26–29; Mic. 2:1–3) and is being anticipated at the final judgment (Isa. 66:24; Dan. 12:1–3; Matt. 25:31–46; 2 Thess. 1:5–10). The vindicated obtain God’s love and grace, while the judged receive his justice. Justice and love, therefore, are the two sides of God’s holiness.
Terminology used in the KJV to denote partiality. The NT repeatedly affirms that God is not a respecter of persons; that is, he does not show partiality based on worldly standards or appearances. Peter recognized this when God chose to pour out his Holy Spirit on Gentile believers, not merely Jewish believers (Acts 10:34). God will judge all people, including Christians, with impartiality (Rom. 2:11; Eph. 6:9; Col. 3:25; 1 Pet. 1:17). Since God is not a respecter of persons, those who serve him should not display partiality (Lev. 19:15; Deut. 16:19; Prov. 28:21; James 2:1, 9).
Secondary Matches
Ancient court systems reflected the needs, values, and structures of the broader society. Not surprisingly, the court systems in nomadic and urban societies are quite different. Nomadic courts were more informal, based more on custom than law. The context of nomadic justice was located primarily within the family and clan. Those with disputes sought out elders and wise leaders to settle them. Urban court systems used more-fixed institutions of judges under the supervision of priests and kings. Even in an urban system the court functioned on a case-by-case basis and drew little or no distinction between criminal and civil offenses. Cases dealt primarily with an injury and the compensation for the injury. The basic process involved stating a case before a judge, each side calling witnesses, and the judge giving a judgment.
Old Testament
Courts in ancient Israel reflected features of both nomadic and urban court systems as well as the broader judicial practices of the ancient Near East. In ancient Israel a case could be tried by the elders, a judge, a priest, or the king. The elders were heads of families and leading citizens. They sat at the city gate (Prov. 31:23), where they heard cases (Ruth 4:1–12), oversaw property transactions (Gen. 23:10–20), settled disputes, and imposed penalties (Deut. 22:18–19). As Israelite society developed, judges were appointed from each tribe and town to administer justice (Deut. 16:18). If a case was too difficult, the judge could transfer the case to a higher court and judge (Exod. 18:21–22). Once a higher court gave a verdict, the participants and lower courts were bound by the decision (Deut. 17:8–13). Priests distinguished between the holy and the common, between clean and unclean (Lev. 10:10). However, they could judge all types of cases, not just religious ones (Deut. 21:5; Ezek. 44:23–24).
With the establishment of the monarchy, the king became the highest judge, and the elders and priests became minor judges. David appointed judges from the Levites over all Israel to administer justice (1 Chron. 26:29), but he also heard cases himself. Solomon provided the quintessential example of a wise judge as he settled the case of the two women and the one remaining child (1 Kings 3:16–28). Solomon moved the court from the city gate to the “Hall of Justice” in his palace (1 Kings 7:7). Jehoshaphat reformed Judah’s court system and established two courts, one over cases concerning God, the other over cases concerning the king (2 Chron. 19:5–11).
The OT does not provide a detailed description of the Israelite court procedures; however, glimpses into the procedures can be pieced together from several passages. Whether at the city gate, sanctuary, or palace, a private person who appeared as a plaintiff initiated the judicial action (Deut. 25:7–8). The parties stood before the judge, while the judge was seated (Deut. 19:17). However, the judge stood to pronounce judgment (Isa. 3:13). The plaintiff was the satan, “accuser” or “adversary” (Ps. 109:6). The accusation could be given orally (Isa. 41:21) or in writing (Job 31:35–36). There was no public prosecutor or defender. Each party brought its own case and witnesses. A conviction required at least two witnesses (Num. 35:30; Deut. 19:15). Witnesses accepted responsibility for the sentence, which is why they had to throw the first stones when such a penalty was in order (Deut. 17:7; John 8:7). If they provided false testimony, they faced the punishment for the crime about which they testified. Each side could produce physical evidence to make its case (Deut. 22:13–17). If a case lacked sufficient evidence or witnesses, an oath or an ordeal could be undertaken to support one’s case (Exod. 22:6–10). At times, lots were cast to select a guilty individual (Josh. 7:14–15) or to end a quarrel (Prov. 18:18). After everything had been examined, the judge acquitted the innocent and condemned the guilty (Deut. 25:1). Depending upon the crime, the penalty could be a fine, compensation, bodily punishment, or even death. Jail was primarily used for those awaiting trial and not as a punishment. If evidence and witnesses were lacking and a murder went unsolved, then a sacrifice was made to declare the community’s innocence and to atone for the community (Deut. 21:1–8).
Ideally, judges were just, righteous, fair, and defenders of the weak (Deut. 16:18–20). Unfortunately, multiple examples exist of false witnesses (Deut. 19:18) and corrupt judges who accepted bribes, perverted justice, and showed favoritism (Exod. 23:3, 8; Mic. 3:11). Ultimately, God was the supreme judge of all, protector of the weak, just, and no respecter of persons.
New Testament
During the NT period numerous lesser Sanhedrins, or councils, administered justice in Jewish communities. The lesser Sanhedrins consisted of twenty-three members, but the one in Jerusalem, the Great Sanhedrin, consisted of the high priest and seventy members comprised of priests, scribes, elders, and laity from among the Sadducees and the Pharisees. The Great Sanhedrin was the supreme legislative and judicial body, and it wielded its own police force (Acts 5:24–26). The Romans allowed the Great Sanhedrin broad authority over internal and religious matters, but they limited its ability to exercise capital punishment (John 18:31). The deaths of Stephen and James were probably lynchings rather than formal executions. Clearly, the Great Sanhedrin had the authority to administer corporal punishment (2 Cor. 11:24).
The Mishnah provides insight into the Great Sanhedrin’s judicial procedure. However, several of the procedures stand in tension with the procedures described in the Gospels concerning Jesus’ trial. Cases were to be heard only during the day, but at least a hearing into the charges facing Jesus occurred at night. The proceedings against Jesus were held at the high priest’s palace instead of properly at the court (John 18:13). Capital cases could not be heard the day before the Sabbath or a festival, but Jesus was condemned on Friday during Passover.
The trials of Jesus and Paul fit well with what is known about Roman law. Roman regional rulers heard cases involving public order but usually left smaller issues in the hands of local courts. For example, Pilate, a prefect, initially wanted to release Jesus, and Gallio, the proconsul of Achaia, refused to hear the charges against Paul. Such officials could also delay a decision for extended periods of time. Hoping to receive a bribe, the procurator Felix held Paul for two years without a judgment (Acts 24:26). Roman officials also had the discretion to send defendants to their home province. Pilate sent Jesus to Herod because Jesus was from Galilee, and Felix inquired about Paul’s home in Cilicia. When hearing a case, the Roman official gave the defendant and the accuser opportunities to make their respective cases and to call witnesses. Pilate gave Jesus an opportunity to defend himself, and Festus explained that it is “not the Roman custom” to condemn someone who has not yet faced the accusers and put on a defense against their charges (Acts 25:16). As a Roman citizen, Paul was afforded rights in the court system. When Paul was imprisoned and beaten without trial, he demanded an apology from the Philippian officials (16:37). Paul’s Roman citizenship also gave him the right to appeal to Caesar (25:11).
Paul expected Christians to abide by the decisions of the courts (Rom. 13:1–3), but he also encouraged Christians to avoid taking other Christians to court (1 Cor. 6:1–11) because they should be able to settle disputes within the church.
Jeremiah is the second of the Major Prophets, after Isaiah and before Ezekiel, an order determined by the chronology of the beginning of their prophetic work. Jeremiah and Ezekiel were basically contemporaries, but the latter began his ministry after Jeremiah. The book of Jeremiah is the longest of the prophets (21,835 words), compared to Ezekiel (18,730 words) and Isaiah (16,932 words). Readers ancient and modern are attracted to the book not only by its stirring message but also because Jeremiah is the most transparent of all the prophetic personalities, often referred to as the Weeping Prophet.
Historical Background
Authorship and date. The superscription of the book announces that it contains “the words of Jeremiah son of Hilkiah, one of the priests at Anathoth in the territory of Benjamin” (1:1). His prophetic ministry is then described as taking place between the thirteenth year of King Josiah and the eleventh year of King Zedekiah, equivalent to 626–586 BC, a period of great turbulence (see next section). Chapters 40–44 narrate events in the period immediately after the fall of Jerusalem.
On the one hand, there is no good reason to question the existence of the historical Jeremiah or the attribution to him of the prophecy that bears his name. On the other hand, the text indicates that the book was not written at one sitting but rather is the product of a process. Chapter 36 mentions that the prophet wrote down his sermons in 605 BC, and when King Jehoiakim burned the scroll, the narrator relates that Jeremiah again dictated them to Baruch, who wrote them all down, and Jeremiah added many more oracles (36:32). The book describes a close relationship between Jeremiah and his associate Baruch. It is possible that the stories about Jeremiah were written down and added by this close friend.
Ancient Near Eastern historical context. When Jeremiah started his prophetic work in 626 BC, the world was undergoing major political change. Assyria had been the dominant superpower for the preceding centuries. It had incorporated the northern kingdom of Israel into its vast empire in 722 BC, and Judah had been forced to pay tribute. In 626 BC, however, Babylon began its rebellion against Assyria. Nabopolassar, a Chaldean chieftain, now king of Babylon, threw off the yoke of Assyrian bondage, and over what was almost two decades he eradicated Assyria and inherited the empire.
In 626 BC Josiah was king of Judah. His father, Amon, and his grandfather Manasseh had been evil kings, promoting false worship. But Josiah served Yahweh, and soon before Jeremiah began his work, the king began to purify the religious institutions of Judah (2 Chron. 34:3b–7). Jeremiah’s early ministry then occurred in an environment that would find support from the royal court. In 609 BC, however, Josiah tried to block Necho of Egypt from reinforcing the remnants of Assyria against Babylon and in the process lost his life. Although the Egyptians were unsuccessful in helping Assyria survive, they were able to exercise control over Judah and placed a pro-Egyptian king, Jehoiakim, on the throne. Even so, by 605 BC Egypt could not stop Babylon under their new king, Nebuchadnezzar, from demanding that Judah be their vassal (Dan. 1:1–3). Jehoiakim revolted against Babylon in 597 BC. By the time the avenging Babylonian army arrived, Jehoiakim was gone, replaced by his son Jehoiachin. The latter was promptly deported to Babylon and replaced by Zedekiah. The book of Jeremiah records that both Jehoiakim and Zedekiah were determined opponents of the prophet. In any case, Zedekiah too eventually rebelled against Babylon, and this time Nebuchadnezzar not only captured and exiled many leaders but also systematically destroyed the city. He then incorporated Judah into his empire as a province and appointed a Judean governor, Gedaliah. Jeremiah 40–44 describes how Jewish insurgents assassinated Gedaliah and killed off the Babylonian garrison troops. Many of the remaining Jewish people then fled to Egypt against God’s will as announced by Jeremiah, who was forced to go with them.
These events provide the background to the prophetic oracles and the actions narrated in the book of Jeremiah. Some of Jeremiah’s words and actions are specifically dated to these events, while others are not dated.
Text
Jeremiah is one of the few books of the OT that present a significant text-critical issue. The main Hebrew text (the MT) is clearly different from the Greek text. The latter is about one-eighth shorter than the former, lacking about 2,700 words. In addition, the order of the book is different. The oracles against the foreign nations are chapters 46–51 in the Hebrew but are found right after 25:13 in the Greek. The DSS attest to early Hebrew manuscripts that reflect the Greek tradition, and therefore we cannot attribute the difference to translation error or intentional rearrangement. A better solution is to remember that the book of Jeremiah as we know it in the Hebrew is the result of a long history of composition. The Greek text may reflect an earlier shorter version. The longer Hebrew text then represents the final authoritative edition of the book and is rightly used for modern translations.
Literary Types
The book as a whole is a compendium of prophetic oracles and stories about Jeremiah. The following distinct literary types are found in the book.
Poetical prophetic oracles of judgment and salvation. Chapters 2–25 are composed primarily of poetic oracles of judgment directed toward God’s people. They are God’s words to his people uttered by the prophet. Chapters 46–51 are also judgment oracles, but these are directed toward foreign nations such as Egypt and Babylon. Although salvation oracles are found in the first part of the book, chapters 30–31 form a striking collection of such oracles, the best known of which is the anticipation of the new covenant (31:31–34).
Poetical confessions/laments. Jeremiah’s confessions are in the form of laments in which he complains about the burdens brought on by his prophetic task. These laments have many similarities with laments in the psalms, including elements such as an invocation, a declaration of innocence, an invocation against enemies, and divine response. While the laments have a certain ritual form, there is no good reason to deny that they authentically represent the emotions of the prophet. The confessions/laments are found in 11:18–23; 12:1–6; 15:15–21; 17:14–18; 18:19–23; 20:7–17.
Prose oracles. Jeremiah’s oracles come in the form of prose as well as poetry. Similarities have been drawn between these oracles (a good example is 7:1–8:3) and the theology of the book of Deuteronomy. Some want to use this similarity to deny a connection with the historical Jeremiah, but there is no good reason to deny that Jeremiah could reflect the theology of this foundational book.
Prose biographical material. A significant part of the prose material may be described as biographical, in that it relates events in Jeremiah’s life (chaps. 26–29; 34–45). These descriptions often carry a prophetic oracle. It is likely that these biographical descriptions were written by someone other than Jeremiah (Baruch?).
Prophetic sign-acts. Perhaps a special category of biographical material is the description of events and acts of Jeremiah’s that carry prophetic significance. A good example is 13:1–11, which narrates Jeremiah’s trip to the Euphrates River to bury his dirty underwear.
Outline
I. Introduction and Jeremiah’s Call (1:1–19)
II The First Half of Jeremiah’s Ministry (2:1–25:14)
A Sermons, oracles, and sign-acts (2:1–24:10)
B Summary (25:1–14)
III. The Second Half of Jeremiah’s Ministry: Judgment and the Fall of Jerusalem (25:15–51:64)
A. Judgment against the nations (25:15–38)
B. Stories about Jeremiah and reports of oracles (26:1–29:32)
C. The Book of Consolation: Salvation oracles (30:1–33:26)
D. Stories about Jeremiah and oracles of judgment (34:1–38:28)
E. Account of the exile (39:1–44:30)
F. Oracle to Baruch (45:1–5)
G. Oracles against foreign nations (46:1–51:64)
IV. Epilogue (52:1–34)
Structure
The book of Jeremiah does not have a clearly delineated structure. In this respect, Jeremiah is not unique among the prophets. Nonetheless, we may still make some general observations about the shape of the book and its large sections, even though we cannot always account for why one oracle follows another. When they are given chronological indicators, they are not arranged sequentially.
There are reasons to think that chapter 25 plays a pivotal role in the book, though it may be that this was more explicit in an earlier form of the book (when the oracles against the foreign nations followed immediately after it; cf. the Greek version). Even so, 25:1–14 summarizes the message of chapters 2–24, and then 25:15–38 announces judgment against the nations. Chapter 1, then, is an introduction to the book, with its account of the prophet’s commissioning, and chapter 52 is an epilogue describing the fall of Jerusalem.
Within these two large sections we can recognize blocks of material. Chapter 1 introduces the prophet, recounts his call, and presents two undated oracles that serve to introduce important themes of the book.
Chapters 2–24 follow as a collection of sermons, poetic and prose oracles, and prophetic sign-acts that are undated. Indeed, it is often difficult to tell when one oracle ends and another begins. It is likely that these are the oracles that come from the first part of the prophet’s ministry, that is, his first scroll, described in chapter 36.
After chapter 25 summarizes the first part of the book and turns attention to the judgment against the nations, a block of prose material follows consisting of stories about Jeremiah as well as reports of oracles (chaps. 26–29).
Chapters 30–33 are a collection of salvation oracles, a break from the heavy barrage of judgment in the book up to this point. Traditionally, these chapters are known as the Book of Consolation. Chapters 30–31 are poetic oracles, while chapters 32–33 are prose.
Chapters 34–38 return to prose stories about Jeremiah and oracles of judgment. This section culminates with the first account of the fall of Jerusalem.
The next section, chapters 39–44, gives the distressing account of the exile and the continuing failures on the part of those who stay in the land with Jeremiah. They end up in Egypt because of their lack of confidence in God’s ability to take care of them. Chapter 45 is an oracle directed toward Baruch, Jeremiah’s associate.
The book ends with a collection of oracles against foreign nations (chaps. 46–51), culminating with a lengthy prophetic statement directed toward Babylon. The book concludes with a second account of the fall of Jerusalem.
Theological Message
Jeremiah is a complex book with many themes. One of the central ideas, however, is covenant. The Bible often uses the idea of a covenant to describe the relationship between God and his people. A covenant is a divinely initiated and defined agreement. God makes promises and calls on his people to observe certain requirements. Research has found that the biblical covenants are close in form and concept to ancient Near Eastern treaties between the kings of superpowers and those of much less powerful nations (vassal treaties). The powerful, sovereign king announces the law to the vassal, and it is accompanied by curses and blessings. If the vassal obeys, then the king gives a reward, but if the vassal disobeys, then the king issues punishment.
There is a series of covenantal relationships between God and his people (Noah [Gen. 9]; Abraham [Gen. 12:1–3; 15; 17]; Moses [Exod. 19–24]; David [2 Sam. 7]), but most relevant for our understanding of Jeremiah is the covenant with Moses as reaffirmed in Deuteronomy. The Mosaic covenant emphasizes law (see Deut. 5–26) and has an extensive section of curses and blessings (Deut. 27–28).
Jeremiah and many of the other prophets may be styled “lawyers of the covenant.” God sends them to his people when they disobey the law. Their job is to warn the people to change their lives and live in conformity with God’s will or else the curses of the covenant will come into effect.
Jeremiah’s oracles focus on warning the people that they are covenant breakers, particularly in the matter of worshipping false gods (Jer. 10–11). The hope is that the people will repent and thus avoid the most extreme punishment. But it is not only the judgment oracles that are related to the covenant; so too are the salvation oracles. In Jer. 31:31–34 the prophet announces that God will replace the old covenant with a new one, which will be more internal, more intense, and more intimate.
New Testament Connections
Jeremiah anticipates the founding of a new and better covenant, and the NT witnesses to the fulfillment of this expectation. As he passed the cup to his disciples, Jesus said, “This cup is the new covenant in my blood, which is poured out for you” (Luke 22:20 [cf. 1 Cor. 11:24–25]). The cup, representing Christ’s death, functions as the sign of the new covenant. The point is that the new covenant is founded on the death and resurrection of Christ.
The new covenant replaces the old. This is the argument of the book of Hebrews, which twice cites the relevant passage in Jeremiah to make the point (Heb. 8:8–12; 10:15–17; see also 2 Cor. 3). According to the author of Hebrews, the old covenant failed not because of a defect in God or his instrument but because of the people (Heb. 8:8). They consistently broke that covenant by disobeying the law explicated in the covenant with Moses. As a result, as Jeremiah himself announced, the people would be expelled from the land (reversing the fulfillment of the Abrahamic covenant), bringing to conclusion the monarchy, which is a provision of the Davidic covenant.
Terminology
The word “law,” often referred to as “Torah,” occurs 220 times in the OT and derives from a Hebrew root that means “to teach or instruct.” Biblical law is the body of instructions or teachings that serve to govern and maintain the covenant relationship between God and Israel. The distinctive relationship that Israel enjoyed with God was unparalleled in the ancient Near East. Unlike the Gentile nations, Israel received from Yahweh an instrument outlining his expectations of them, a set of guidelines by which to sustain that covenant relationship (Deut. 4:6–8). Outside the OT, the “Torah” or “Law” often refers to the first five books of the Bible, called the “Pentateuch” (Matt. 5:17–18; Luke 2:22). Second Temple Judaism commonly referred to the Pentateuch in this way.
The term “Torah” is not limited to cultic or ceremonial practice, but embraces civil and social law. In addition, the Torah refers to the prophetic word and more broadly incorporates the idea of parental instruction. The Hebrew word torah is employed in a variety of expressions, variously rendered in English versions: “the law” (Deut. 1:5; 4:8, 44; 2 Kings 23:24), the “Book of the Law” (Deut. 28:61; 29:21; Josh. 1:8; 2 Kings 22:8), the “Book of the Law of Moses” (Josh. 8:31; 23:6), the “law of Moses” (Josh. 8:32; 1 Kings 2:3), the “Book of the Law of God” (Josh. 24:26), and the “law of the Lord” (2 Kings 10:31)—all of these indicate the divine origin of the instructions or reinforce the association of the Torah with Moses as Israel’s mediator. The OT notes that Moses “wrote a Book of the Law,” which was placed by the ark for reference (Deut. 31:26) and read aloud every seven years, during the Feast of Tabernacles, to all the assembly (Deut. 31:9–13). The book is not mentioned again until its discovery in the temple during the reign of King Josiah (2 Kings 22:8). The discovery of the book initiated a religious reform by Josiah that focused on the centralization of worship and the destruction of idols.
The OT employs a number of close synonyms for “law,” including “commandments,” “testimony,” “judgments,” “statutes,” “ordinances,” “decrees,” and “precepts.” Each of these terms reflects varying nuances or particular aspects of the divine instruction. Unfortunately, all these words as translated into English subtly misrepresent the “law” as an odious external set of rules that inhibit human freedom and require punishment for disobedience. This perspective suggests that obedience to the divine law was coerced by the threat of divine judgment. Contrary to this misconception, the people of Israel rejoiced in following Yahweh’s instructions because their greatest desire was to please and live in harmony with him. Yahweh’s people enjoyed the privilege of receiving divine revelation consisting of directions that assured divine favor. Although perfect adherence to these instructions proved to be an impossible task, Yahweh’s covenant stipulations provided an ideal toward which his people were expected to make progress as they constantly strived to fulfill that ideal. The Torah in its broadest sense reflects a verbal expression of the character, nature, and will of God.
Types of Law
In general, Torah may be subdivided into three categories: judicial, ceremonial, and moral, though each of these may influence or overlap with the others. The OT associates the “giving of the Torah” with Moses’ first divine encounter at Mount Sinai (Exod. 19–23) following the Israelites’ deliverance from the land of Egypt, though some body of customary legislation existed before this time (Exod. 18). These instructions find expansion and elucidation in other pentateuchal texts, such as Leviticus and Deut. 12–24, indicating that God’s teachings were intended as the code of conduct and worship for Israel not only during its wilderness wanderings but also when it settled in the land of Canaan following the conquest.
More specifically, the word “law” often denotes the Ten Commandments (or “the Decalogue,” lit., the “ten words”) (Exod. 34:28; Deut. 4:13; 10:4) that were delivered to Moses (Exod. 20:1–17; Deut. 5:6–21). These commandments reflect a summary statement of the covenant and may be divided into two parts, consistent with the two tablets of stone on which they were first recorded: the first four address the individual’s relationship to God, and the last six focus on instructions concerning human relationships. Despite the apparent simplistic expression of the Decalogue, the complexity of these guidelines extends beyond individual acts and attitudes, encompassing any and all incentives, enticements, and pressures leading up to a thing forbidden. Not only should the individual refrain from doing the prohibited thing, but also he or she is obligated to practice its opposite good in order to be in compliance.
Judicial law. The Book of the Covenant (Exod. 20:22–23:33), closely associated with the Ten Commandments, immediately follows the Decalogue and may be subdivided into casuistic, or “case,” law (21:2–22:17) and a variety of miscellaneous laws, many which are apodictic, or absolute, commands. The divine instructions cannot address an infinite range of circumstances; consequently, the casuistic laws describe the judicial process in light of general situations, which form the precedence upon which future specific judgments can be made. Apodictic instructions, generally identified by imperatives or volitional forms, set forth a strict prohibition followed by the consequences of disobedience. Government in early Israelite history revolved around the authoritative decisions of judges, who declared a verdict based on custom or precedent (Exod. 18:13–27). The moral emphasis of the Decalogue and the Book of the Covenant provides the underlying theological reasons for obeying God’s law and forms an important part of the ethical foundation of pentateuchal discussions and elaborations of law.
Ceremonial law. Ceremonial, or cultic, law includes the instructions guiding the construction and preparation of the tabernacle for worship combined with the Levitical guidelines dictating the proper execution of ritual sacrifice and cultic practice. The significance of the tabernacle as a portable sanctuary of Yahweh and its integral connection with God’s promise to dwell among the Israelites are reinforced by the tabernacle’s association with the appearance of Yahweh at Sinai and the inauguration of the covenant. The tabernacle becomes the place where the people meet God through a mediator and seek continued divine favor through ritual purification, sacrifice, and atonement.
Leviticus systematically outlines the procedure for priestly selection and succession, details the consecration of cultic vessels and priests, describes conditions for participation and the celebration of sacred festivals (Lev. 16; 23–25), and addresses other issues such as blasphemy, sexual behavior, and false prophecy. The sacrificial regulations cover sin offerings (6:25), guilt offerings (7:1, 7), burnt offerings (6:9), grain offerings (6:14), and fellowship offerings (7:11). The book of Leviticus also provides extensive instruction concerning the designation of “clean” (consecrated) and “unclean” (profane), reinforcing the separateness of God’s chosen people (e.g., 11:46; 12:7; 13:59; 14:2, 32; 15:32–33). Uncircumcised foreigners were excluded from participation in Israel’s sacred assemblies.
Moral law. Economic hardship presented numerous challenges in Israelite society that were resolved through laws concerning debt and slavery. A series of laws sought to protect the property and rights of those indebted to creditors (Exod. 22:25–27; Deut. 24:6, 10–13; 2 Kings 4:1; Amos 2:8). Those who were enslaved in order to compensate for their debts had to be released after six years of service (Exod. 21:2, 11; Deut. 15:12–18). Property and persons who were turned over to creditors could often be redeemed (Lev. 25:25–28, 47–55). Those who harvested crops were instructed to leave the corners of fields and the remnants of crops for gleaning by the poor (Deut. 24:19–22; Ruth 2:2–6). The systematic mistreatment of the marginalized in society led to widespread corruption among the judiciary, angering Yahweh and leading to the exile (Isa. 1:15–17; Amos 2:6–7; 11–13). It is clear that this type of law was reenacted during the postexilic period (Neh. 5:1–13; Jer. 34:8–16).
Torah in Wisdom Literature and in the Prophets
OT wisdom literature develops the concept of Torah as human instruction for daily living, underscoring the dynamic character of the law and its permeation of all areas of life. Vigilant obedience to the law results in wise and godly conduct. In Proverbs, the son is admonished by the father to obey the Torah (Prov. 3:1; 4:2; 6:23), and the pupil is instructed by the teacher to respect the law (13:13) and to resist the company of those who do not obey the Torah (28:4), with such observance resulting in God’s blessings (29:18) and answers to prayer (28:9). The wise woman familiarizes herself with the Torah because the responsibility for instruction of her household lies with her (31:26).
The book of Psalms contains three compositions typically classified as Torah psalms (1; 19; 119). In Ps. 1 continual reflection on the Torah manifests itself in the prosperity and the wisdom of the obedient. Psalm 19 celebrates the benefits of keeping the Torah, including wisdom, joy, enlightenment, life, and moral discernment. In a lengthy acrostic arranged according to the Hebrew alphabet, Ps. 119 exploits the attitudes, effects, and practicality of the Torah as exemplified in the life of the faithful.
In the prophetic material, Torah refers to teaching administered in the name of Yahweh, either by the priests or the prophets. Moral decline, manifested by the social injustice of Israel’s leader-ship coupled with idolatry and syncretistic worship, was directly attributed to the failure of the priests to uphold the Torah and their negligence in instructing the community (Jer. 2:8; 8:8; Ezek. 7:26; 22:26; Hos. 8:1–12; Amos 2:4). The prophetic emphasis on justice and righteousness as characteristic qualities of God’s people highlights the importance placed on fair and equitable treatment (e.g., Isa. 5:23–24; 26:1–11; 48:17–19; 58:6–9; 59:9–14). The Torah provided the authoritative point of departure in the composition of prophetic messages and teachings, undergirding the authority and genuineness of the prophetic proclamations and exhortations to the contemporary audience. The messages of the prophets were in fact not new, but were simply the adaptation and transformation of pentateuchal texts already generally accepted by the community as authoritative.
Biblical Law and Ancient Near Eastern Sources
Biblical law did not develop in isolation from other legal systems; rather, it appears to follow long-established, widespread, and standardized patterns of Mesopotamian law. A persuasive number of parallels between customs and familial relationships addressed in the Nuzi tablets and archaic elements in the patriarchal narratives seem to suggest that the patriarchs operated under Hurrian law. The Nuzi tablets clarify the subjects of adoption, marriage, and economic transactions, apparently exerting an influence on the lives of the early OT patriarchs. The wife-sister accounts of Abram and Isaac, in which the marriage eligibility of Sarai and Rebekah arise (Gen. 12; 26), as well as Abraham’s proposed adoption of his servant Eliezer as an heir (Gen. 15:2–4) and his siring of Ishmael through Sarai’s servant Hagar (Gen. 16), reflect customary practice described in these documents.
A vast range of legal documents regulating judicial procedures provides material for comparative analysis with biblical texts. Included among these discoveries are a number of law collections, generally named after the ruler who commissioned them. Archaeologists have uncovered evidence, from as early as the twenty-first century BC, of two surviving Sumerian legal collections affirming the ancient origins of societal governance. The Laws of King Ur-Nammu, recorded during the last great period of Sumerian literacy (2111–2095 BC), are preserved in scribal copies from Nippur dated between 1800 and 1700 BC and consist of a fragment and two partial stone tablets. Written in a casuistic format, the texts attest to twenty-nine stipulations, including legislation addressing weights and measures; protections for widows, orphans, and the impoverished; sexual offenses; marital laws; slavery; false testimony; and property abuses.
A second Sumerian law collection dating from the nineteenth century BC, that of King Lipit-Ishtar, the fifth ruler of the Isin dynasty in lower Mesopotamia, consists of a prologue, thirty-eight wholly or partially restored laws, and an epilogue. These laws, bequeathed to Lipit-Ishtar by the Sumerian deities Anu and Enlil in order to “establish justice in the land,” represent civil laws governing business practices, slavery, property, family, and inadvertent injury to an individual. What appear to be an additional thirty-eight laws, comprising the second half of the code, have been destroyed along with part of the prologue. All these laws were recorded in a casuistic format.
The Laws of Eshnunna, written in Akkadian, consist of two tablets containing approximately sixty different laws. The authorship and date of origin remain unknown, but historians suggest that this law collection, which has no prologue or epilogue, was contemporary with the Code of Hammurabi (1728–1686 BC). Though written in a casuistic format, this artifact assigns penalties on the basis of social status.
The Code of Hammurabi, named for the sixth of eleven kings of the Old Babylonian dynasty, is perhaps the most famous and most complete of the ancient Mesopotamian collections. In 1902, French archaeologists discovered the code on a black diorite stela, nearly eight feet tall, in what was ancient Susa. Multiple copies of the code have been preserved. Written in Akkadian cuneiform, the law collection consists of 282 legal paragraphs created to promote public welfare and the cause of justice. The format of the code, which includes a prologue, an epilogue, and a category of cursings for disobedience and blessings for obedience, closely mirrors the structure of the book of Deuteronomy. The casuistic format addresses laws governing public order and individual private law. The penalties prescribed for capital offenses, of which there were thirty, were harsh and often cruel, including bodily mutilation, multiple punishments, and vicarious punishment. Retaliatory consequences for the protection of private property were exceptionally cruel, taking the form of torture or excessive fines. Often, those who were presumed guilty would be thrown into the river; survival indicated innocence, while drowning demonstrated guilt. A predominant feature was the lex talionis (the law of retaliation, or measure for measure), whereby a corresponding penalty was exacted against the offender based on the crime. For instance, if a child was killed, the death of the offender’s child was required. Capital crimes included theft of property and adultery. Contrary to biblical law, Hammurabi’s code made financial provision for the loss of life, whereas in the OT the value of life was immeasurable.
The argument from silence suggests that in the absence of a full biblical law code, legal instructions and stipulations in the biblical text consist primarily of codicil emendations, that is, additions and innovations to already existing laws. For example, the discussion on divorce in Deut. 21 describes the execution of a document without giving details concerning the content or form of such a document. The passage also mentions a yet undiscovered “book of divorce.” The absence of legal material on commercial and business law as well as specifics concerning inheritance and other common subjects points to a more comprehensive body of unwritten law reflecting preexisting societal norms. Israelite society was therefore indebted to its Mesopotamian predecessors for its implementation of law as a means of protecting citizens, and for many legal provisions eventually adapted by the biblical text.
The Character of Biblical Law
Although Israelite law was in some ways influenced by the legal codes of other ancient Near Eastern cultures, biblical law retained a distinct identity centered on the relationship between Yahweh and his chosen people. Law in the OT is presented not as secular instruction but rather as divine pronouncement, receiving its authority as an expression of the divine will. The entirety of the divine instruction originates with God, and he is both author and guarantor of the covenant with his people. The people of Israel, then, are held responsible to God for their actions and not just to a legislative body or human ruler. The will of the Israelite is wholly surrendered to the will of God to such a degree that every aspect of an individual’s life is inextricably connected to the divine teachings. God assigns the stipulations and requirements of the law to the entire corporate body of Israel. The responsibility for covenant fidelity does not lie solely with the community leadership; rather, it is shared by every individual in the community, whose dual role includes ensuring both the fair execution of justice in the community and personal observance of the law. God’s instructions are proclaimed publicly and apply equally to all social strata without distinction, apart from specific direction concerning slaves.
Torah becomes the corpus of teaching directed toward the entire community. The didactic purpose of the law is evident by the motive clauses appended to many apodictic and casuistic instructions that elaborate on the ethical, religious, or historical reasons for covenant faithfulness. The pedagogical aim serves to appeal to the Israelite conscience as a means of motivating obedience. In addition, the teaching that humanity is created in the divine image reinforces the sacredness of human life as a foundational concern of the law. Religious rather than economic values prevail, eliminating the death penalty for all property crimes. Individual culpability predominates in the biblical corpus, abolishing the notion of vicarious punishment advocated in extrabiblical legislation. Each offender pays the consequences of his or her behavior. Each person, created by God and enjoying equal status with all others, receives fair and equitable treatment.
The Law and the New Testament
The contemporary significance of the Torah is recognized in the NT by Jesus’ declaration that his incarnation served to fulfill the law (Matt. 5:17). He affirms the continued legitimacy of the law (Matt. 5:19) and appeals to the law as the governing authority for proper practice and behavior (Matt. 12:6, 42; Luke 4:1–11; Mark 7:9–12; 10:17–19).
The relationship between gospel and law in both Testaments demonstrates far greater continuity than is recognized by many Christians. Covenant theologians affirm that the Mosaic law described a “covenant of works,” which functions differently from the NT’s “covenant of grace,” while dispensationalists often teach that grace supersedes and abolishes the demands of the law. The conditional nature of the Mosaic covenant differs from that of the Abrahamic covenant, since the unconditional promise of the Abrahamic covenant suggests that the blessings promised to Abraham and his seed would be realized not because of human obedience but rather through divine fidelity (Gal. 3:15–27). The Mosaic covenant, or covenant of law, is not contrary to the promises of God (Gal. 3:21); instead, God graciously entered into relationship with the people of Israel, redeemed them from Egypt, and then gave them the law so that they would respond in humble obedience to his redeeming work. Thus, Mosaic law provided through a mediator a way for God to reveal himself to Israel. Consequently, the idea that Israelite religion was legalistic is mistaken. It did not teach that one could earn salvation by “keeping the law”; rather, an individual entered into the covenant with God by grace. When God established the covenant with his people, he forgave their sins. He did not demand a certain level of attainment as a prerequisite for entering into that relationship, nor did Israel have to obey the law perfectly in order to achieve salvation. Instead, the covenantal arrangement instituted a means of forgiveness through the sacrificial system, making the removal of the barrier of sin available to the people. Israel’s obedience to the law was a response to God’s gracious and redeeming work. Law and covenant were complementary.
Ongoing discussions explore the question concerning the relevance of the law for Christians today. Many scholars from past centuries, such as Martin Luther, claimed that the believer is freed entirely from the law of Moses, including its moral requirements. The OT law is binding only insofar as it agrees with the NT and mirrors natural law. John Calvin, on the other hand, maintained that the moral laws of the OT are obligatory for the believer, and he asserts that this is the principal function of law. Calvin’s sense of keeping the moral law does not compromise the message of grace, for keeping the moral law, as opposed to the ceremonial or civil law, does not earn salvation but instead forms the acceptable response of the believer to God’s grace. Other Reformation scholars suggested that the law was abolished with the coming of Christ, and, as a result, while the moral norms remain in effect, the ceremonial laws have been fulfilled with the coming of Christ. Although the penalties originally prescribed for disobedience are no longer effective, keeping the moral law reflects the proper outcome of a life lived by the Spirit of God. See also Ten Commandments; Torah.
Ancient court systems reflected the needs, values, and structures of the broader society. Not surprisingly, the court systems in nomadic and urban societies are quite different. Nomadic courts were more informal, based more on custom than law. The context of nomadic justice was located primarily within the family and clan. Those with disputes sought out elders and wise leaders to settle them. Urban court systems used more-fixed institutions of judges under the supervision of priests and kings. Even in an urban system the court functioned on a case-by-case basis and drew little or no distinction between criminal and civil offenses. Cases dealt primarily with an injury and the compensation for the injury. The basic process involved stating a case before a judge, each side calling witnesses, and the judge giving a judgment.
Old Testament
Courts in ancient Israel reflected features of both nomadic and urban court systems as well as the broader judicial practices of the ancient Near East. In ancient Israel a case could be tried by the elders, a judge, a priest, or the king. The elders were heads of families and leading citizens. They sat at the city gate (Prov. 31:23), where they heard cases (Ruth 4:1–12), oversaw property transactions (Gen. 23:10–20), settled disputes, and imposed penalties (Deut. 22:18–19). As Israelite society developed, judges were appointed from each tribe and town to administer justice (Deut. 16:18). If a case was too difficult, the judge could transfer the case to a higher court and judge (Exod. 18:21–22). Once a higher court gave a verdict, the participants and lower courts were bound by the decision (Deut. 17:8–13). Priests distinguished between the holy and the common, between clean and unclean (Lev. 10:10). However, they could judge all types of cases, not just religious ones (Deut. 21:5; Ezek. 44:23–24).
With the establishment of the monarchy, the king became the highest judge, and the elders and priests became minor judges. David appointed judges from the Levites over all Israel to administer justice (1 Chron. 26:29), but he also heard cases himself. Solomon provided the quintessential example of a wise judge as he settled the case of the two women and the one remaining child (1 Kings 3:16–28). Solomon moved the court from the city gate to the “Hall of Justice” in his palace (1 Kings 7:7). Jehoshaphat reformed Judah’s court system and established two courts, one over cases concerning God, the other over cases concerning the king (2 Chron. 19:5–11).
The OT does not provide a detailed description of the Israelite court procedures; however, glimpses into the procedures can be pieced together from several passages. Whether at the city gate, sanctuary, or palace, a private person who appeared as a plaintiff initiated the judicial action (Deut. 25:7–8). The parties stood before the judge, while the judge was seated (Deut. 19:17). However, the judge stood to pronounce judgment (Isa. 3:13). The plaintiff was the satan, “accuser” or “adversary” (Ps. 109:6). The accusation could be given orally (Isa. 41:21) or in writing (Job 31:35–36). There was no public prosecutor or defender. Each party brought its own case and witnesses. A conviction required at least two witnesses (Num. 35:30; Deut. 19:15). Witnesses accepted responsibility for the sentence, which is why they had to throw the first stones when such a penalty was in order (Deut. 17:7; John 8:7). If they provided false testimony, they faced the punishment for the crime about which they testified. Each side could produce physical evidence to make its case (Deut. 22:13–17). If a case lacked sufficient evidence or witnesses, an oath or an ordeal could be undertaken to support one’s case (Exod. 22:6–10). At times, lots were cast to select a guilty individual (Josh. 7:14–15) or to end a quarrel (Prov. 18:18). After everything had been examined, the judge acquitted the innocent and condemned the guilty (Deut. 25:1). Depending upon the crime, the penalty could be a fine, compensation, bodily punishment, or even death. Jail was primarily used for those awaiting trial and not as a punishment. If evidence and witnesses were lacking and a murder went unsolved, then a sacrifice was made to declare the community’s innocence and to atone for the community (Deut. 21:1–8).
Ideally, judges were just, righteous, fair, and defenders of the weak (Deut. 16:18–20). Unfortunately, multiple examples exist of false witnesses (Deut. 19:18) and corrupt judges who accepted bribes, perverted justice, and showed favoritism (Exod. 23:3, 8; Mic. 3:11). Ultimately, God was the supreme judge of all, protector of the weak, just, and no respecter of persons.
New Testament
During the NT period numerous lesser Sanhedrins, or councils, administered justice in Jewish communities. The lesser Sanhedrins consisted of twenty-three members, but the one in Jerusalem, the Great Sanhedrin, consisted of the high priest and seventy members comprised of priests, scribes, elders, and laity from among the Sadducees and the Pharisees. The Great Sanhedrin was the supreme legislative and judicial body, and it wielded its own police force (Acts 5:24–26). The Romans allowed the Great Sanhedrin broad authority over internal and religious matters, but they limited its ability to exercise capital punishment (John 18:31). The deaths of Stephen and James were probably lynchings rather than formal executions. Clearly, the Great Sanhedrin had the authority to administer corporal punishment (2 Cor. 11:24).
The Mishnah provides insight into the Great Sanhedrin’s judicial procedure. However, several of the procedures stand in tension with the procedures described in the Gospels concerning Jesus’ trial. Cases were to be heard only during the day, but at least a hearing into the charges facing Jesus occurred at night. The proceedings against Jesus were held at the high priest’s palace instead of properly at the court (John 18:13). Capital cases could not be heard the day before the Sabbath or a festival, but Jesus was condemned on Friday during Passover.
The trials of Jesus and Paul fit well with what is known about Roman law. Roman regional rulers heard cases involving public order but usually left smaller issues in the hands of local courts. For example, Pilate, a prefect, initially wanted to release Jesus, and Gallio, the proconsul of Achaia, refused to hear the charges against Paul. Such officials could also delay a decision for extended periods of time. Hoping to receive a bribe, the procurator Felix held Paul for two years without a judgment (Acts 24:26). Roman officials also had the discretion to send defendants to their home province. Pilate sent Jesus to Herod because Jesus was from Galilee, and Felix inquired about Paul’s home in Cilicia. When hearing a case, the Roman official gave the defendant and the accuser opportunities to make their respective cases and to call witnesses. Pilate gave Jesus an opportunity to defend himself, and Festus explained that it is “not the Roman custom” to condemn someone who has not yet faced the accusers and put on a defense against their charges (Acts 25:16). As a Roman citizen, Paul was afforded rights in the court system. When Paul was imprisoned and beaten without trial, he demanded an apology from the Philippian officials (16:37). Paul’s Roman citizenship also gave him the right to appeal to Caesar (25:11).
Paul expected Christians to abide by the decisions of the courts (Rom. 13:1–3), but he also encouraged Christians to avoid taking other Christians to court (1 Cor. 6:1–11) because they should be able to settle disputes within the church.
Covenant is one of the most significant concepts in the biblical material that affects our understanding of God, his relationship with his people (past, present, and future), and the structure and message of his word. Since the covenant concept is not a unique biblical idea, comparative literature from the world of the Scriptures has enriched our understanding of the nature and the function of covenant. This article highlights the covenant concept and the genre of covenant and provides a brief overview of the major biblical covenants.
Terminology
Defining “covenant.” What is a covenant (Heb. berit)? Most dictionaries refer to it as a pact/compact or an agreement. Although there is some uncertainty regarding the etymology of berit, the two most commonly suggested etymological derivations are from the Akkadian burru, which refers to the establishment of a legal situation by a testimony with an oath, or the Akkadian bittu, often translated as “to bind, fetter.” The NT counterpart word is diathēkē, defined as a “legal disposition of personal goods.” Interestingly, this NT term is used in reference to the initiative of one person who establishes the terms and provisions of the relationship, which is in keeping with unilateral OT covenants. Some OT dictionaries list the “covenant” root with the root for the word “to eat,” perhaps associating the covenant with a covenant meal.
If the concept of binding best represents the covenant terminology, then the covenant is something that binds parties together or obligates one party to the other. Although there are legal implications associated with covenant, the relational aspect of covenant should not be overlooked. A covenant is best understood as a relationship with related legalities. Marriage, for example, is a covenant that establishes and defines a relationship. This perhaps explains why God chose from the realm of relationships among humans the covenant metaphor to establish and communicate his intent in divine-human relationships. The concept of a covenant relationship between God and people is uniquely developed in the biblical material.
Some covenants are between persons of equal status (parity treaties); others are between a master and a servant (suzerainty treaties), between nations, between clans, and between a husband and a wife (Mal. 2:14). To “cut a covenant” at any level of society implies a solemn commitment to a relationship. Hittite treaties illustrate reports of covenant commitments that include a record of negotiations, formulations of terms, a statement that the act of covenant making actually happened, and a closure of negotiations with solemn ratification of the terms.
The most significant covenant relationship in the biblical material is the one between God and humankind. The uniqueness of Israel’s covenant relationship with Yahweh in contrast to all surrounding nations is established on the basis of Deut. 32:8–9. Although Yahweh gave the nations their inheritance, he selected Israel for his own personal care; he established a relationship with the nation independent of and prior to the nation’s association with his land. This was a unique application of the covenant that ran counter to the prevailing Semitic mind-set, which connected deities to specific geographic territories first and was concerned with the inhabitants of those areas only in a secondary sense. Individual OT believers celebrated their relationship with Yahweh and proclaimed him as the unrivaled universal God (Exod. 15; 1 Sam. 2; Isa. 40).
Other key terms. In addition to the “covenant” terminology word group, several other key terms fill out our understanding of this important concept.
“Oath” is a term used synonymously with “covenant” and functions at times to describe the making of a covenant. The oath emphasizes the liability and obligation associated in the relationship (Deut. 29:19). The oath can be taken by both parties (Gen. 26:28) or by just one party (Ezek. 17:13).
The word “testimony” refers to the contents of the two tablets of stone (Exod. 31:18) received by Moses from God at Mount Sinai. The Ark of the Covenant is also identified by the phrase “ark of the testimony” (Exod. 26:34; 30:6; 31:7 KJV, ESV). Testimony in the context of the covenant refers to the obligations placed upon the nation in covenant with Yahweh.
The term “word” can be understood in connection with covenant communication. The conquest of the land (a covenant promise) is viewed as a performance of the word of God (Deut. 9:5 KJV). The phrases “establish his covenant” (Deut. 8:18 KJV) and “perform his word” (Deut. 9:5 KJV) are parallel ideas within the overall concept of covenant. The sure “word of the Lord” to David in 2 Sam. 7:4 can be contrasted with worthless words of the nation used in making a covenant with God (Hos. 10:4).
Torah is a Hebrew term related to covenant. The terms berit and torah are found in parallel structure in Ps. 78:10. The binding arrangement between God and his people is ultimately based upon and regulated by the instructions of his word. The phrase “Book of the Law” (2 Kings 22:8) has the same covenant implications as the phrase “tablets of the Testimony” (Exod. 31:18 ESV, NASB). God indicted the priesthood for misguiding the people and causing them to stumble at the law (Mal. 2:5–8) and ultimately to be misguided in their relationship with him.
Khesed is another Hebrew term that is frequently used with relation to a covenant. Defined as “steadfast covenant loyalty,” it is also understood as grace, mercy, kindness, loving-kindness. Khesed is that characteristic of God which causes him to act consistently and faithfully regarding self-imposed obligations in covenant relationships despite the failure or success of the other party. The khesed of God will never cease (Lam. 3:19–21) because he keeps covenant and mercy (Deut. 7:9, 12). The loyalty of God to David is stated in 2 Sam. 7:14–15 and celebrated in Ps. 89:14, 24, 28, 33–34, 49. In contrast, the people are indicted for their lack of loyalty (Hos. 4:1).
Common phrases. The most common covenant-making phrase is “to cut a covenant.” Two possible practices lie behind this phrase. The first reflects a practice in Mesopotamia and Syria, cutting a covenant into a tablet with a stylus. This may be somewhat similar to what is found in Exod. 31:18, where it is said that the two tablets of stone were “inscribed by the finger of God.” The second practice behind this phrase is the cutting of sacrificial animals. The halving of animals was part of the covenant made with Abraham in Gen. 15:9–18. In a situation of covenant violation God tells Israel that he will treat them like the calf they cut in covenant making (Jer. 34:17–19). Covenant making is also described as establishing a covenant (2 Sam. 23:5), giving a covenant (Gen. 9:12), and erecting a covenant (Exod. 6:4).
Faithfulness and loyalty to a covenant are expressed by several phrases. “Keep a covenant” exhorts the covenant parties to watch, guard, exercise faithfulness to the terms of the relationship established (Exod. 34:7). “Observe a covenant” implies the demonstration of covenant fidelity in observing and doing (Gen. 17:9–10; Exod. 19:5; NIV: “keep my covenant”). God is obviously faithful in observing the covenant (Deut. 7:9–12). “Remember a covenant” conveys more than just a mental exercise, especially when God is the subject of the verbal action of remembering. When God remembers a covenant, he acts with resolve and intervention (Gen. 8:1; 19:29; 30:22; Exod. 2:24).
Covenant infidelity is expressed by the phrases “break the covenant” (Lev. 26:14–16; Jer. 11:10; 31:32; 33:20–21), “not faithful” (Ps. 78:37), “violate the covenant” (Deut. 17:2; Josh. 7:11, 15; 23:16), and “forsake the covenant” (Jer. 22:9; cf. Deut. 29:25; 1 Kings 19:10, 14).
The Covenant Genre
We now turn to the form, content, and function of a covenant, or the covenant genre. There is evidence of a common treaty form used by ancient Near Eastern peoples to govern relationships between nations and tribes. This evidence dates back to the third millennium BC and is derived from literary texts discovered in the ancient Near East. The most helpful contributions to this discussion come from the Hittites (1400–1200 BC), the Assyrians (800–600 BC), and the Babylonians. From this evidence, we are able to identify four ancient Near Eastern arrangements.
1. The intertribal treaty was a legal arrangement between tribes and clans for various purposes such as the purchase of land, trading, or peaceful coexistence. The arrangements made in this format were equally binding on both parties. A possible biblical example is the arrangement between Abraham and Abimelek in Gen. 21:22–34 or the arrangement between Abimelek and Isaac in Gen. 26:28.
2. The parity treaty was an arrangement made between kings and princes who were equal in each other’s eyes. This arrangement involved mutual participation, as illustrated in the economic relationship established between King Solomon and King Hiram of Tyre in 1 Kings 5:1–12.
3. The suzerainty treaty was established between two parties, one inferior and one superior. The distinctive emphasis of the treaty was on the superior party, the suzerain. In this arrangement the suzerain agrees to make certain provisions for the vassal. He agrees to defend the vassal in the case of attack, along with permitting the existence of the vassal nation. In addition, the suzerain has the right to take tribute from the vassal at any time. The vassal, for his part, agrees to a position of servanthood but not slavery. Vassals honor the suzerain with tribute and material goods.
There are six basic parts to the format of this treaty. Many scholars believe that the suzerainty treaty form has influenced the structure of the book of Deuteronomy.
(a) The treaty begins with the preamble that identifies the treaty’s author/originator (cf. Deut. 1:1–6a; 5:6a, 23–27).
(b) The second part is the prologue, which contains a review of the past relationship between the vassal and the suzerain constructed in an “I-Thou” format (cf. Deut. 1:6b–3:29; 2:7; 4:32–38). The purpose of this section is to review the previous acts of benevolence demonstrated by the suzerain toward the vassal. The faithfulness of the suzerain to the vassal would perhaps instill some measure of confidence for entrance into this relationship. In Hittite treaties there was often a grace ethic ideology that characterized the prologue and served as a basis of appeal for obedience. The Hittites demonstrated a measure of appreciation for conquered vassals and treated them with dignity by allowing them limited sovereignty. The Assyrians operated with a power ethic that motivated obedience by threatening dismemberment, torture, and even death. Yahweh appealed to Israel on the basis of the grace of redemption (Exod. 20:8–11; Deut. 5:12–15) and the privilege of revelation (Deut. 4:12; cf. Rom. 3:2).
(c) The stipulations are the third part of the treaty form. These are the expectations of the suzerain for the vassal (cf. Deut. 4:1–23; 6:4–7:2; 10:12–22; 12–26). The stipulations call for the vassal to be loyal in war, to loyally return political refugees, and to not murmur against the suzerain and his kingdom. The heart of the stipulation in Deuteronomy is the appeal to “love the Lord your God with all your heart and with all your soul and with all your strength” (6:5), one of the most important verses of the OT.
(d) The deposit and public reading of the treaty is the next division. This section instructs the vassal to place the treaty in his sanctuary and directs the vassal to publicly read the document from one to four times per year (cf. Deut. 10:1–5; 31:9–13). A regular reading was designed to keep the stipulations before the vassal in order to nurture respect for the suzerain.
(e) In the next part, a list of witnesses, usually gods, are called upon to observe the covenant and to punish any breach of it (cf. Deut. 30:19–20).
(f) The final part of the treaty is a section of blessing and curse. This section contains a list of potential rewards for faithfulness and terrifying possibilities of retribution for covenant violations (cf. Deut. 28–29).
4. The royal grant treaty, used in both biblical and secular literature, is somewhat similar to the suzerainty treaty. The distinctive difference is that the obligation of the grant is not on the vassal but rather on the suzerain to protect the rights of the vassal. In this format the curse is directed against any third party that would oppose the vassal or against the suzerain who would act unfaithfully against the vassal.
Covenants in the Bible
Types of covenants. The material on covenant form, content, and structure comes into play when attempts are made to interpret the major covenants recorded in the Bible (Noahic, Abrahamic, Mosaic, Davidic, and new). Initial discussions usually revolve around whether these covenants are conditional or unconditional. Although there is merit to this discussion, covenants should also be understood in light of which party is bearing the treaty obligation. As described above, the obligation of the suzerainty treaty is upon the vassal to fulfill the expectations of the suzerain. In the grant treaty the obligation is placed upon the suzerain to fulfill the treaty promises made to the vassal. There is a sense of conditionality and unconditionality in both treaty forms.
On this basis, the Mosaic covenant is most fittingly understood in light of the suzerainty treaty. This covenant made at Mount Sinai established Israel as a covenant nation. Yahweh never intended to create a relationship with Israel on the basis of this covenant. Rather, he chose this covenant form as the means to regulate his relationship with Israel, the nation that he had just graciously redeemed. The Mosaic covenant addressed every aspect of Israelite life. so that the prophetic charges against the nation’s transgressions were considered covenant violations.
The Abrahamic and Davidic covenants are more like a grant. In the Abrahamic covenant Yahweh is obligating himself to gift Israel with land, seed, and blessing (Gen. 12–17). The halving of animals in Gen. 15:9–20 resembles a covenant-cutting ceremony in which Yahweh, in the form of a smoking firepot, walks between the animals, obligating himself to the terms of the covenant. In the Davidic covenant (2 Sam. 7; Ps. 89), Yahweh obligates himself to provide David and his descendants a king and a kingdom. The new covenant is first referenced by Moses in Deut. 30:6 and then developed more extensively in Jer. 31:31–33 and Ezek. 36. Scholars debate the nature of this covenant and the promises associated with it. Some define it as a grant and speak of it in unconditional terms, while others view it as an administrative covenant. The new covenant anticipates a change in the heart of the vassal that ultimately facilitates keeping of the law. The OT Scriptures see this happening in connection with Israel’s occupation of the land at a future time.
Covenant leadership positions. In addition to the very specific covenant arrangements made by God in the OT defining and regulating the life and future of Israel, God established three key covenant leadership positions for the nation: prophet, priest, and king (Deut. 17–18). Their connection with the covenant is evident from the fact that their origin and function are detailed in the covenant book of Deuteronomy.
God provided a prophet (Deut. 18:9–22) for the nation so that it would not learn the abominations of the Canaanites and surrounding nations. God desired spiritual integrity for his people and established the prophet as his mouthpiece to speak what he commanded (Deut. 18:18–20). The prophet was to be an Israelite who fit a Moses-like pattern (Deut. 18:18–19). The writing and nonwriting prophets often called Israel back to covenant fidelity. They did this by using legal terminology to illustrate covenant violations, thus establishing covenant lawsuits against them. Isaiah 1 is a case made by God against the nation. In this lawsuit God functions as judge, jury, and lawyer.
The priest (Deut. 17:8–13; 18:1–8; 33:8–11) had a threefold function within the covenant community. He was a mediator of people before God and of God before people. This particular function of the priesthood was broad and encompassed much of its work. The priest was a teacher who sought from the Torah resolution to disagreements between parties (cf. Jer. 18:18). It is also worth noting that the teaching of the priest preceded sacrifice. Finally, he was a minister of sacrifice. The priest led Israel in worship and sacrifice, giving instruction concerning what was clean and unclean (Lev. 13–15).
The king was also a provision of the covenant (Deut. 17). Kingship was not a divine accommodation to the desire of Israel (1 Sam. 8) but rather a part of the overall covenant plan of God revealed to Abraham (Gen. 17:16). The promise of kingship was reiterated in Gen. 35:11; 49:10. The duty of the king involved administration of the kingdom on the basis of the word of God (Deut. 17:18–20; cf. Prov. 29:4, 14).
Covenant in the Old Testament. Covenant is a dominant theme that gives cohesiveness to the structure of the OT and distinguishes the history of Israel. The phrase “covenant history” can be used to describe the biblical literature that recounts the events and episodes of Israelite life. It is a macrogenre that characterizes the historical narratives of the OT. Although this large literary corpus of historical narrative shares a covenant perspective, the individual books within the narrative corpus are noted for the attention they give to various aspects of the covenant relationship. For example, Gen. 12–50 develops the covenant promises of seed and blessing through a number of subgenres such as genealogies and family stories. Joshua, on the other hand, engages several military subgenres to recount the tension between the promise of land occupation and the responsibility of Israel to occupy the land. Covenant history is a realistic presentation of the tensions associated with the covenant relationship between Yahweh and the nation of Israel.
Finally, the psalms have a direct covenant connection emphasizing covenant worship. Psalm 119 (esp. vv. 57–64) is filled with covenant terms that relate to God’s word (testimonies, laws, oath, judgments). Marching to the place of worship designated by the covenant is reflected in the Psalms of Ascent.
Covenant in the New Testament. Although the covenant theme is less pervasive in the NT, its christological significance is profound. The NT highlights the significant messianic role of Christ in relation to the covenants. Paul references the new covenant in both books of Corinthians (1 Cor. 11:25; 2 Cor. 3:6). Each celebration of the Lord’s Supper reminds us that the shed blood of Christ is the blood of the new covenant. The new covenant is cut in connection with or on the basis of his death, burial, and resurrection (1 Cor. 11:25). The writer of the book of Hebrews gives detailed attention to how the new covenant functions in contrast to the old Mosaic covenant. The writer explains that Jesus is the guarantor of a better covenant (7:22; 8:6–7). Finally, Paul indicates that we are now considered ministers of the new covenant ministry (2 Cor. 3:6).
Terminology
The word “law,” often referred to as “Torah,” occurs 220 times in the OT and derives from a Hebrew root that means “to teach or instruct.” Biblical law is the body of instructions or teachings that serve to govern and maintain the covenant relationship between God and Israel. The distinctive relationship that Israel enjoyed with God was unparalleled in the ancient Near East. Unlike the Gentile nations, Israel received from Yahweh an instrument outlining his expectations of them, a set of guidelines by which to sustain that covenant relationship (Deut. 4:6–8). Outside the OT, the “Torah” or “Law” often refers to the first five books of the Bible, called the “Pentateuch” (Matt. 5:17–18; Luke 2:22). Second Temple Judaism commonly referred to the Pentateuch in this way.
The term “Torah” is not limited to cultic or ceremonial practice, but embraces civil and social law. In addition, the Torah refers to the prophetic word and more broadly incorporates the idea of parental instruction. The Hebrew word torah is employed in a variety of expressions, variously rendered in English versions: “the law” (Deut. 1:5; 4:8, 44; 2 Kings 23:24), the “Book of the Law” (Deut. 28:61; 29:21; Josh. 1:8; 2 Kings 22:8), the “Book of the Law of Moses” (Josh. 8:31; 23:6), the “law of Moses” (Josh. 8:32; 1 Kings 2:3), the “Book of the Law of God” (Josh. 24:26), and the “law of the Lord” (2 Kings 10:31)—all of these indicate the divine origin of the instructions or reinforce the association of the Torah with Moses as Israel’s mediator. The OT notes that Moses “wrote a Book of the Law,” which was placed by the ark for reference (Deut. 31:26) and read aloud every seven years, during the Feast of Tabernacles, to all the assembly (Deut. 31:9–13). The book is not mentioned again until its discovery in the temple during the reign of King Josiah (2 Kings 22:8). The discovery of the book initiated a religious reform by Josiah that focused on the centralization of worship and the destruction of idols.
The OT employs a number of close synonyms for “law,” including “commandments,” “testimony,” “judgments,” “statutes,” “ordinances,” “decrees,” and “precepts.” Each of these terms reflects varying nuances or particular aspects of the divine instruction. Unfortunately, all these words as translated into English subtly misrepresent the “law” as an odious external set of rules that inhibit human freedom and require punishment for disobedience. This perspective suggests that obedience to the divine law was coerced by the threat of divine judgment. Contrary to this misconception, the people of Israel rejoiced in following Yahweh’s instructions because their greatest desire was to please and live in harmony with him. Yahweh’s people enjoyed the privilege of receiving divine revelation consisting of directions that assured divine favor. Although perfect adherence to these instructions proved to be an impossible task, Yahweh’s covenant stipulations provided an ideal toward which his people were expected to make progress as they constantly strived to fulfill that ideal. The Torah in its broadest sense reflects a verbal expression of the character, nature, and will of God.
Types of Law
In general, Torah may be subdivided into three categories: judicial, ceremonial, and moral, though each of these may influence or overlap with the others. The OT associates the “giving of the Torah” with Moses’ first divine encounter at Mount Sinai (Exod. 19–23) following the Israelites’ deliverance from the land of Egypt, though some body of customary legislation existed before this time (Exod. 18). These instructions find expansion and elucidation in other pentateuchal texts, such as Leviticus and Deut. 12–24, indicating that God’s teachings were intended as the code of conduct and worship for Israel not only during its wilderness wanderings but also when it settled in the land of Canaan following the conquest.
More specifically, the word “law” often denotes the Ten Commandments (or “the Decalogue,” lit., the “ten words”) (Exod. 34:28; Deut. 4:13; 10:4) that were delivered to Moses (Exod. 20:1–17; Deut. 5:6–21). These commandments reflect a summary statement of the covenant and may be divided into two parts, consistent with the two tablets of stone on which they were first recorded: the first four address the individual’s relationship to God, and the last six focus on instructions concerning human relationships. Despite the apparent simplistic expression of the Decalogue, the complexity of these guidelines extends beyond individual acts and attitudes, encompassing any and all incentives, enticements, and pressures leading up to a thing forbidden. Not only should the individual refrain from doing the prohibited thing, but also he or she is obligated to practice its opposite good in order to be in compliance.
Judicial law. The Book of the Covenant (Exod. 20:22–23:33), closely associated with the Ten Commandments, immediately follows the Decalogue and may be subdivided into casuistic, or “case,” law (21:2–22:17) and a variety of miscellaneous laws, many which are apodictic, or absolute, commands. The divine instructions cannot address an infinite range of circumstances; consequently, the casuistic laws describe the judicial process in light of general situations, which form the precedence upon which future specific judgments can be made. Apodictic instructions, generally identified by imperatives or volitional forms, set forth a strict prohibition followed by the consequences of disobedience. Government in early Israelite history revolved around the authoritative decisions of judges, who declared a verdict based on custom or precedent (Exod. 18:13–27). The moral emphasis of the Decalogue and the Book of the Covenant provides the underlying theological reasons for obeying God’s law and forms an important part of the ethical foundation of pentateuchal discussions and elaborations of law.
Ceremonial law. Ceremonial, or cultic, law includes the instructions guiding the construction and preparation of the tabernacle for worship combined with the Levitical guidelines dictating the proper execution of ritual sacrifice and cultic practice. The significance of the tabernacle as a portable sanctuary of Yahweh and its integral connection with God’s promise to dwell among the Israelites are reinforced by the tabernacle’s association with the appearance of Yahweh at Sinai and the inauguration of the covenant. The tabernacle becomes the place where the people meet God through a mediator and seek continued divine favor through ritual purification, sacrifice, and atonement.
Leviticus systematically outlines the procedure for priestly selection and succession, details the consecration of cultic vessels and priests, describes conditions for participation and the celebration of sacred festivals (Lev. 16; 23–25), and addresses other issues such as blasphemy, sexual behavior, and false prophecy. The sacrificial regulations cover sin offerings (6:25), guilt offerings (7:1, 7), burnt offerings (6:9), grain offerings (6:14), and fellowship offerings (7:11). The book of Leviticus also provides extensive instruction concerning the designation of “clean” (consecrated) and “unclean” (profane), reinforcing the separateness of God’s chosen people (e.g., 11:46; 12:7; 13:59; 14:2, 32; 15:32–33). Uncircumcised foreigners were excluded from participation in Israel’s sacred assemblies.
Moral law. Economic hardship presented numerous challenges in Israelite society that were resolved through laws concerning debt and slavery. A series of laws sought to protect the property and rights of those indebted to creditors (Exod. 22:25–27; Deut. 24:6, 10–13; 2 Kings 4:1; Amos 2:8). Those who were enslaved in order to compensate for their debts had to be released after six years of service (Exod. 21:2, 11; Deut. 15:12–18). Property and persons who were turned over to creditors could often be redeemed (Lev. 25:25–28, 47–55). Those who harvested crops were instructed to leave the corners of fields and the remnants of crops for gleaning by the poor (Deut. 24:19–22; Ruth 2:2–6). The systematic mistreatment of the marginalized in society led to widespread corruption among the judiciary, angering Yahweh and leading to the exile (Isa. 1:15–17; Amos 2:6–7; 11–13). It is clear that this type of law was reenacted during the postexilic period (Neh. 5:1–13; Jer. 34:8–16).
Torah in Wisdom Literature and in the Prophets
OT wisdom literature develops the concept of Torah as human instruction for daily living, underscoring the dynamic character of the law and its permeation of all areas of life. Vigilant obedience to the law results in wise and godly conduct. In Proverbs, the son is admonished by the father to obey the Torah (Prov. 3:1; 4:2; 6:23), and the pupil is instructed by the teacher to respect the law (13:13) and to resist the company of those who do not obey the Torah (28:4), with such observance resulting in God’s blessings (29:18) and answers to prayer (28:9). The wise woman familiarizes herself with the Torah because the responsibility for instruction of her household lies with her (31:26).
The book of Psalms contains three compositions typically classified as Torah psalms (1; 19; 119). In Ps. 1 continual reflection on the Torah manifests itself in the prosperity and the wisdom of the obedient. Psalm 19 celebrates the benefits of keeping the Torah, including wisdom, joy, enlightenment, life, and moral discernment. In a lengthy acrostic arranged according to the Hebrew alphabet, Ps. 119 exploits the attitudes, effects, and practicality of the Torah as exemplified in the life of the faithful.
In the prophetic material, Torah refers to teaching administered in the name of Yahweh, either by the priests or the prophets. Moral decline, manifested by the social injustice of Israel’s leader-ship coupled with idolatry and syncretistic worship, was directly attributed to the failure of the priests to uphold the Torah and their negligence in instructing the community (Jer. 2:8; 8:8; Ezek. 7:26; 22:26; Hos. 8:1–12; Amos 2:4). The prophetic emphasis on justice and righteousness as characteristic qualities of God’s people highlights the importance placed on fair and equitable treatment (e.g., Isa. 5:23–24; 26:1–11; 48:17–19; 58:6–9; 59:9–14). The Torah provided the authoritative point of departure in the composition of prophetic messages and teachings, undergirding the authority and genuineness of the prophetic proclamations and exhortations to the contemporary audience. The messages of the prophets were in fact not new, but were simply the adaptation and transformation of pentateuchal texts already generally accepted by the community as authoritative.
Biblical Law and Ancient Near Eastern Sources
Biblical law did not develop in isolation from other legal systems; rather, it appears to follow long-established, widespread, and standardized patterns of Mesopotamian law. A persuasive number of parallels between customs and familial relationships addressed in the Nuzi tablets and archaic elements in the patriarchal narratives seem to suggest that the patriarchs operated under Hurrian law. The Nuzi tablets clarify the subjects of adoption, marriage, and economic transactions, apparently exerting an influence on the lives of the early OT patriarchs. The wife-sister accounts of Abram and Isaac, in which the marriage eligibility of Sarai and Rebekah arise (Gen. 12; 26), as well as Abraham’s proposed adoption of his servant Eliezer as an heir (Gen. 15:2–4) and his siring of Ishmael through Sarai’s servant Hagar (Gen. 16), reflect customary practice described in these documents.
A vast range of legal documents regulating judicial procedures provides material for comparative analysis with biblical texts. Included among these discoveries are a number of law collections, generally named after the ruler who commissioned them. Archaeologists have uncovered evidence, from as early as the twenty-first century BC, of two surviving Sumerian legal collections affirming the ancient origins of societal governance. The Laws of King Ur-Nammu, recorded during the last great period of Sumerian literacy (2111–2095 BC), are preserved in scribal copies from Nippur dated between 1800 and 1700 BC and consist of a fragment and two partial stone tablets. Written in a casuistic format, the texts attest to twenty-nine stipulations, including legislation addressing weights and measures; protections for widows, orphans, and the impoverished; sexual offenses; marital laws; slavery; false testimony; and property abuses.
A second Sumerian law collection dating from the nineteenth century BC, that of King Lipit-Ishtar, the fifth ruler of the Isin dynasty in lower Mesopotamia, consists of a prologue, thirty-eight wholly or partially restored laws, and an epilogue. These laws, bequeathed to Lipit-Ishtar by the Sumerian deities Anu and Enlil in order to “establish justice in the land,” represent civil laws governing business practices, slavery, property, family, and inadvertent injury to an individual. What appear to be an additional thirty-eight laws, comprising the second half of the code, have been destroyed along with part of the prologue. All these laws were recorded in a casuistic format.
The Laws of Eshnunna, written in Akkadian, consist of two tablets containing approximately sixty different laws. The authorship and date of origin remain unknown, but historians suggest that this law collection, which has no prologue or epilogue, was contemporary with the Code of Hammurabi (1728–1686 BC). Though written in a casuistic format, this artifact assigns penalties on the basis of social status.
The Code of Hammurabi, named for the sixth of eleven kings of the Old Babylonian dynasty, is perhaps the most famous and most complete of the ancient Mesopotamian collections. In 1902, French archaeologists discovered the code on a black diorite stela, nearly eight feet tall, in what was ancient Susa. Multiple copies of the code have been preserved. Written in Akkadian cuneiform, the law collection consists of 282 legal paragraphs created to promote public welfare and the cause of justice. The format of the code, which includes a prologue, an epilogue, and a category of cursings for disobedience and blessings for obedience, closely mirrors the structure of the book of Deuteronomy. The casuistic format addresses laws governing public order and individual private law. The penalties prescribed for capital offenses, of which there were thirty, were harsh and often cruel, including bodily mutilation, multiple punishments, and vicarious punishment. Retaliatory consequences for the protection of private property were exceptionally cruel, taking the form of torture or excessive fines. Often, those who were presumed guilty would be thrown into the river; survival indicated innocence, while drowning demonstrated guilt. A predominant feature was the lex talionis (the law of retaliation, or measure for measure), whereby a corresponding penalty was exacted against the offender based on the crime. For instance, if a child was killed, the death of the offender’s child was required. Capital crimes included theft of property and adultery. Contrary to biblical law, Hammurabi’s code made financial provision for the loss of life, whereas in the OT the value of life was immeasurable.
The argument from silence suggests that in the absence of a full biblical law code, legal instructions and stipulations in the biblical text consist primarily of codicil emendations, that is, additions and innovations to already existing laws. For example, the discussion on divorce in Deut. 21 describes the execution of a document without giving details concerning the content or form of such a document. The passage also mentions a yet undiscovered “book of divorce.” The absence of legal material on commercial and business law as well as specifics concerning inheritance and other common subjects points to a more comprehensive body of unwritten law reflecting preexisting societal norms. Israelite society was therefore indebted to its Mesopotamian predecessors for its implementation of law as a means of protecting citizens, and for many legal provisions eventually adapted by the biblical text.
The Character of Biblical Law
Although Israelite law was in some ways influenced by the legal codes of other ancient Near Eastern cultures, biblical law retained a distinct identity centered on the relationship between Yahweh and his chosen people. Law in the OT is presented not as secular instruction but rather as divine pronouncement, receiving its authority as an expression of the divine will. The entirety of the divine instruction originates with God, and he is both author and guarantor of the covenant with his people. The people of Israel, then, are held responsible to God for their actions and not just to a legislative body or human ruler. The will of the Israelite is wholly surrendered to the will of God to such a degree that every aspect of an individual’s life is inextricably connected to the divine teachings. God assigns the stipulations and requirements of the law to the entire corporate body of Israel. The responsibility for covenant fidelity does not lie solely with the community leadership; rather, it is shared by every individual in the community, whose dual role includes ensuring both the fair execution of justice in the community and personal observance of the law. God’s instructions are proclaimed publicly and apply equally to all social strata without distinction, apart from specific direction concerning slaves.
Torah becomes the corpus of teaching directed toward the entire community. The didactic purpose of the law is evident by the motive clauses appended to many apodictic and casuistic instructions that elaborate on the ethical, religious, or historical reasons for covenant faithfulness. The pedagogical aim serves to appeal to the Israelite conscience as a means of motivating obedience. In addition, the teaching that humanity is created in the divine image reinforces the sacredness of human life as a foundational concern of the law. Religious rather than economic values prevail, eliminating the death penalty for all property crimes. Individual culpability predominates in the biblical corpus, abolishing the notion of vicarious punishment advocated in extrabiblical legislation. Each offender pays the consequences of his or her behavior. Each person, created by God and enjoying equal status with all others, receives fair and equitable treatment.
The Law and the New Testament
The contemporary significance of the Torah is recognized in the NT by Jesus’ declaration that his incarnation served to fulfill the law (Matt. 5:17). He affirms the continued legitimacy of the law (Matt. 5:19) and appeals to the law as the governing authority for proper practice and behavior (Matt. 12:6, 42; Luke 4:1–11; Mark 7:9–12; 10:17–19).
The relationship between gospel and law in both Testaments demonstrates far greater continuity than is recognized by many Christians. Covenant theologians affirm that the Mosaic law described a “covenant of works,” which functions differently from the NT’s “covenant of grace,” while dispensationalists often teach that grace supersedes and abolishes the demands of the law. The conditional nature of the Mosaic covenant differs from that of the Abrahamic covenant, since the unconditional promise of the Abrahamic covenant suggests that the blessings promised to Abraham and his seed would be realized not because of human obedience but rather through divine fidelity (Gal. 3:15–27). The Mosaic covenant, or covenant of law, is not contrary to the promises of God (Gal. 3:21); instead, God graciously entered into relationship with the people of Israel, redeemed them from Egypt, and then gave them the law so that they would respond in humble obedience to his redeeming work. Thus, Mosaic law provided through a mediator a way for God to reveal himself to Israel. Consequently, the idea that Israelite religion was legalistic is mistaken. It did not teach that one could earn salvation by “keeping the law”; rather, an individual entered into the covenant with God by grace. When God established the covenant with his people, he forgave their sins. He did not demand a certain level of attainment as a prerequisite for entering into that relationship, nor did Israel have to obey the law perfectly in order to achieve salvation. Instead, the covenantal arrangement instituted a means of forgiveness through the sacrificial system, making the removal of the barrier of sin available to the people. Israel’s obedience to the law was a response to God’s gracious and redeeming work. Law and covenant were complementary.
Ongoing discussions explore the question concerning the relevance of the law for Christians today. Many scholars from past centuries, such as Martin Luther, claimed that the believer is freed entirely from the law of Moses, including its moral requirements. The OT law is binding only insofar as it agrees with the NT and mirrors natural law. John Calvin, on the other hand, maintained that the moral laws of the OT are obligatory for the believer, and he asserts that this is the principal function of law. Calvin’s sense of keeping the moral law does not compromise the message of grace, for keeping the moral law, as opposed to the ceremonial or civil law, does not earn salvation but instead forms the acceptable response of the believer to God’s grace. Other Reformation scholars suggested that the law was abolished with the coming of Christ, and, as a result, while the moral norms remain in effect, the ceremonial laws have been fulfilled with the coming of Christ. Although the penalties originally prescribed for disobedience are no longer effective, keeping the moral law reflects the proper outcome of a life lived by the Spirit of God. See also Ten Commandments; Torah.
Terminology
The word “law,” often referred to as “Torah,” occurs 220 times in the OT and derives from a Hebrew root that means “to teach or instruct.” Biblical law is the body of instructions or teachings that serve to govern and maintain the covenant relationship between God and Israel. The distinctive relationship that Israel enjoyed with God was unparalleled in the ancient Near East. Unlike the Gentile nations, Israel received from Yahweh an instrument outlining his expectations of them, a set of guidelines by which to sustain that covenant relationship (Deut. 4:6–8). Outside the OT, the “Torah” or “Law” often refers to the first five books of the Bible, called the “Pentateuch” (Matt. 5:17–18; Luke 2:22). Second Temple Judaism commonly referred to the Pentateuch in this way.
The term “Torah” is not limited to cultic or ceremonial practice, but embraces civil and social law. In addition, the Torah refers to the prophetic word and more broadly incorporates the idea of parental instruction. The Hebrew word torah is employed in a variety of expressions, variously rendered in English versions: “the law” (Deut. 1:5; 4:8, 44; 2 Kings 23:24), the “Book of the Law” (Deut. 28:61; 29:21; Josh. 1:8; 2 Kings 22:8), the “Book of the Law of Moses” (Josh. 8:31; 23:6), the “law of Moses” (Josh. 8:32; 1 Kings 2:3), the “Book of the Law of God” (Josh. 24:26), and the “law of the Lord” (2 Kings 10:31)—all of these indicate the divine origin of the instructions or reinforce the association of the Torah with Moses as Israel’s mediator. The OT notes that Moses “wrote a Book of the Law,” which was placed by the ark for reference (Deut. 31:26) and read aloud every seven years, during the Feast of Tabernacles, to all the assembly (Deut. 31:9–13). The book is not mentioned again until its discovery in the temple during the reign of King Josiah (2 Kings 22:8). The discovery of the book initiated a religious reform by Josiah that focused on the centralization of worship and the destruction of idols.
The OT employs a number of close synonyms for “law,” including “commandments,” “testimony,” “judgments,” “statutes,” “ordinances,” “decrees,” and “precepts.” Each of these terms reflects varying nuances or particular aspects of the divine instruction. Unfortunately, all these words as translated into English subtly misrepresent the “law” as an odious external set of rules that inhibit human freedom and require punishment for disobedience. This perspective suggests that obedience to the divine law was coerced by the threat of divine judgment. Contrary to this misconception, the people of Israel rejoiced in following Yahweh’s instructions because their greatest desire was to please and live in harmony with him. Yahweh’s people enjoyed the privilege of receiving divine revelation consisting of directions that assured divine favor. Although perfect adherence to these instructions proved to be an impossible task, Yahweh’s covenant stipulations provided an ideal toward which his people were expected to make progress as they constantly strived to fulfill that ideal. The Torah in its broadest sense reflects a verbal expression of the character, nature, and will of God.
Types of Law
In general, Torah may be subdivided into three categories: judicial, ceremonial, and moral, though each of these may influence or overlap with the others. The OT associates the “giving of the Torah” with Moses’ first divine encounter at Mount Sinai (Exod. 19–23) following the Israelites’ deliverance from the land of Egypt, though some body of customary legislation existed before this time (Exod. 18). These instructions find expansion and elucidation in other pentateuchal texts, such as Leviticus and Deut. 12–24, indicating that God’s teachings were intended as the code of conduct and worship for Israel not only during its wilderness wanderings but also when it settled in the land of Canaan following the conquest.
More specifically, the word “law” often denotes the Ten Commandments (or “the Decalogue,” lit., the “ten words”) (Exod. 34:28; Deut. 4:13; 10:4) that were delivered to Moses (Exod. 20:1–17; Deut. 5:6–21). These commandments reflect a summary statement of the covenant and may be divided into two parts, consistent with the two tablets of stone on which they were first recorded: the first four address the individual’s relationship to God, and the last six focus on instructions concerning human relationships. Despite the apparent simplistic expression of the Decalogue, the complexity of these guidelines extends beyond individual acts and attitudes, encompassing any and all incentives, enticements, and pressures leading up to a thing forbidden. Not only should the individual refrain from doing the prohibited thing, but also he or she is obligated to practice its opposite good in order to be in compliance.
Judicial law. The Book of the Covenant (Exod. 20:22–23:33), closely associated with the Ten Commandments, immediately follows the Decalogue and may be subdivided into casuistic, or “case,” law (21:2–22:17) and a variety of miscellaneous laws, many which are apodictic, or absolute, commands. The divine instructions cannot address an infinite range of circumstances; consequently, the casuistic laws describe the judicial process in light of general situations, which form the precedence upon which future specific judgments can be made. Apodictic instructions, generally identified by imperatives or volitional forms, set forth a strict prohibition followed by the consequences of disobedience. Government in early Israelite history revolved around the authoritative decisions of judges, who declared a verdict based on custom or precedent (Exod. 18:13–27). The moral emphasis of the Decalogue and the Book of the Covenant provides the underlying theological reasons for obeying God’s law and forms an important part of the ethical foundation of pentateuchal discussions and elaborations of law.
Ceremonial law. Ceremonial, or cultic, law includes the instructions guiding the construction and preparation of the tabernacle for worship combined with the Levitical guidelines dictating the proper execution of ritual sacrifice and cultic practice. The significance of the tabernacle as a portable sanctuary of Yahweh and its integral connection with God’s promise to dwell among the Israelites are reinforced by the tabernacle’s association with the appearance of Yahweh at Sinai and the inauguration of the covenant. The tabernacle becomes the place where the people meet God through a mediator and seek continued divine favor through ritual purification, sacrifice, and atonement.
Leviticus systematically outlines the procedure for priestly selection and succession, details the consecration of cultic vessels and priests, describes conditions for participation and the celebration of sacred festivals (Lev. 16; 23–25), and addresses other issues such as blasphemy, sexual behavior, and false prophecy. The sacrificial regulations cover sin offerings (6:25), guilt offerings (7:1, 7), burnt offerings (6:9), grain offerings (6:14), and fellowship offerings (7:11). The book of Leviticus also provides extensive instruction concerning the designation of “clean” (consecrated) and “unclean” (profane), reinforcing the separateness of God’s chosen people (e.g., 11:46; 12:7; 13:59; 14:2, 32; 15:32–33). Uncircumcised foreigners were excluded from participation in Israel’s sacred assemblies.
Moral law. Economic hardship presented numerous challenges in Israelite society that were resolved through laws concerning debt and slavery. A series of laws sought to protect the property and rights of those indebted to creditors (Exod. 22:25–27; Deut. 24:6, 10–13; 2 Kings 4:1; Amos 2:8). Those who were enslaved in order to compensate for their debts had to be released after six years of service (Exod. 21:2, 11; Deut. 15:12–18). Property and persons who were turned over to creditors could often be redeemed (Lev. 25:25–28, 47–55). Those who harvested crops were instructed to leave the corners of fields and the remnants of crops for gleaning by the poor (Deut. 24:19–22; Ruth 2:2–6). The systematic mistreatment of the marginalized in society led to widespread corruption among the judiciary, angering Yahweh and leading to the exile (Isa. 1:15–17; Amos 2:6–7; 11–13). It is clear that this type of law was reenacted during the postexilic period (Neh. 5:1–13; Jer. 34:8–16).
Torah in Wisdom Literature and in the Prophets
OT wisdom literature develops the concept of Torah as human instruction for daily living, underscoring the dynamic character of the law and its permeation of all areas of life. Vigilant obedience to the law results in wise and godly conduct. In Proverbs, the son is admonished by the father to obey the Torah (Prov. 3:1; 4:2; 6:23), and the pupil is instructed by the teacher to respect the law (13:13) and to resist the company of those who do not obey the Torah (28:4), with such observance resulting in God’s blessings (29:18) and answers to prayer (28:9). The wise woman familiarizes herself with the Torah because the responsibility for instruction of her household lies with her (31:26).
The book of Psalms contains three compositions typically classified as Torah psalms (1; 19; 119). In Ps. 1 continual reflection on the Torah manifests itself in the prosperity and the wisdom of the obedient. Psalm 19 celebrates the benefits of keeping the Torah, including wisdom, joy, enlightenment, life, and moral discernment. In a lengthy acrostic arranged according to the Hebrew alphabet, Ps. 119 exploits the attitudes, effects, and practicality of the Torah as exemplified in the life of the faithful.
In the prophetic material, Torah refers to teaching administered in the name of Yahweh, either by the priests or the prophets. Moral decline, manifested by the social injustice of Israel’s leader-ship coupled with idolatry and syncretistic worship, was directly attributed to the failure of the priests to uphold the Torah and their negligence in instructing the community (Jer. 2:8; 8:8; Ezek. 7:26; 22:26; Hos. 8:1–12; Amos 2:4). The prophetic emphasis on justice and righteousness as characteristic qualities of God’s people highlights the importance placed on fair and equitable treatment (e.g., Isa. 5:23–24; 26:1–11; 48:17–19; 58:6–9; 59:9–14). The Torah provided the authoritative point of departure in the composition of prophetic messages and teachings, undergirding the authority and genuineness of the prophetic proclamations and exhortations to the contemporary audience. The messages of the prophets were in fact not new, but were simply the adaptation and transformation of pentateuchal texts already generally accepted by the community as authoritative.
Biblical Law and Ancient Near Eastern Sources
Biblical law did not develop in isolation from other legal systems; rather, it appears to follow long-established, widespread, and standardized patterns of Mesopotamian law. A persuasive number of parallels between customs and familial relationships addressed in the Nuzi tablets and archaic elements in the patriarchal narratives seem to suggest that the patriarchs operated under Hurrian law. The Nuzi tablets clarify the subjects of adoption, marriage, and economic transactions, apparently exerting an influence on the lives of the early OT patriarchs. The wife-sister accounts of Abram and Isaac, in which the marriage eligibility of Sarai and Rebekah arise (Gen. 12; 26), as well as Abraham’s proposed adoption of his servant Eliezer as an heir (Gen. 15:2–4) and his siring of Ishmael through Sarai’s servant Hagar (Gen. 16), reflect customary practice described in these documents.
A vast range of legal documents regulating judicial procedures provides material for comparative analysis with biblical texts. Included among these discoveries are a number of law collections, generally named after the ruler who commissioned them. Archaeologists have uncovered evidence, from as early as the twenty-first century BC, of two surviving Sumerian legal collections affirming the ancient origins of societal governance. The Laws of King Ur-Nammu, recorded during the last great period of Sumerian literacy (2111–2095 BC), are preserved in scribal copies from Nippur dated between 1800 and 1700 BC and consist of a fragment and two partial stone tablets. Written in a casuistic format, the texts attest to twenty-nine stipulations, including legislation addressing weights and measures; protections for widows, orphans, and the impoverished; sexual offenses; marital laws; slavery; false testimony; and property abuses.
A second Sumerian law collection dating from the nineteenth century BC, that of King Lipit-Ishtar, the fifth ruler of the Isin dynasty in lower Mesopotamia, consists of a prologue, thirty-eight wholly or partially restored laws, and an epilogue. These laws, bequeathed to Lipit-Ishtar by the Sumerian deities Anu and Enlil in order to “establish justice in the land,” represent civil laws governing business practices, slavery, property, family, and inadvertent injury to an individual. What appear to be an additional thirty-eight laws, comprising the second half of the code, have been destroyed along with part of the prologue. All these laws were recorded in a casuistic format.
The Laws of Eshnunna, written in Akkadian, consist of two tablets containing approximately sixty different laws. The authorship and date of origin remain unknown, but historians suggest that this law collection, which has no prologue or epilogue, was contemporary with the Code of Hammurabi (1728–1686 BC). Though written in a casuistic format, this artifact assigns penalties on the basis of social status.
The Code of Hammurabi, named for the sixth of eleven kings of the Old Babylonian dynasty, is perhaps the most famous and most complete of the ancient Mesopotamian collections. In 1902, French archaeologists discovered the code on a black diorite stela, nearly eight feet tall, in what was ancient Susa. Multiple copies of the code have been preserved. Written in Akkadian cuneiform, the law collection consists of 282 legal paragraphs created to promote public welfare and the cause of justice. The format of the code, which includes a prologue, an epilogue, and a category of cursings for disobedience and blessings for obedience, closely mirrors the structure of the book of Deuteronomy. The casuistic format addresses laws governing public order and individual private law. The penalties prescribed for capital offenses, of which there were thirty, were harsh and often cruel, including bodily mutilation, multiple punishments, and vicarious punishment. Retaliatory consequences for the protection of private property were exceptionally cruel, taking the form of torture or excessive fines. Often, those who were presumed guilty would be thrown into the river; survival indicated innocence, while drowning demonstrated guilt. A predominant feature was the lex talionis (the law of retaliation, or measure for measure), whereby a corresponding penalty was exacted against the offender based on the crime. For instance, if a child was killed, the death of the offender’s child was required. Capital crimes included theft of property and adultery. Contrary to biblical law, Hammurabi’s code made financial provision for the loss of life, whereas in the OT the value of life was immeasurable.
The argument from silence suggests that in the absence of a full biblical law code, legal instructions and stipulations in the biblical text consist primarily of codicil emendations, that is, additions and innovations to already existing laws. For example, the discussion on divorce in Deut. 21 describes the execution of a document without giving details concerning the content or form of such a document. The passage also mentions a yet undiscovered “book of divorce.” The absence of legal material on commercial and business law as well as specifics concerning inheritance and other common subjects points to a more comprehensive body of unwritten law reflecting preexisting societal norms. Israelite society was therefore indebted to its Mesopotamian predecessors for its implementation of law as a means of protecting citizens, and for many legal provisions eventually adapted by the biblical text.
The Character of Biblical Law
Although Israelite law was in some ways influenced by the legal codes of other ancient Near Eastern cultures, biblical law retained a distinct identity centered on the relationship between Yahweh and his chosen people. Law in the OT is presented not as secular instruction but rather as divine pronouncement, receiving its authority as an expression of the divine will. The entirety of the divine instruction originates with God, and he is both author and guarantor of the covenant with his people. The people of Israel, then, are held responsible to God for their actions and not just to a legislative body or human ruler. The will of the Israelite is wholly surrendered to the will of God to such a degree that every aspect of an individual’s life is inextricably connected to the divine teachings. God assigns the stipulations and requirements of the law to the entire corporate body of Israel. The responsibility for covenant fidelity does not lie solely with the community leadership; rather, it is shared by every individual in the community, whose dual role includes ensuring both the fair execution of justice in the community and personal observance of the law. God’s instructions are proclaimed publicly and apply equally to all social strata without distinction, apart from specific direction concerning slaves.
Torah becomes the corpus of teaching directed toward the entire community. The didactic purpose of the law is evident by the motive clauses appended to many apodictic and casuistic instructions that elaborate on the ethical, religious, or historical reasons for covenant faithfulness. The pedagogical aim serves to appeal to the Israelite conscience as a means of motivating obedience. In addition, the teaching that humanity is created in the divine image reinforces the sacredness of human life as a foundational concern of the law. Religious rather than economic values prevail, eliminating the death penalty for all property crimes. Individual culpability predominates in the biblical corpus, abolishing the notion of vicarious punishment advocated in extrabiblical legislation. Each offender pays the consequences of his or her behavior. Each person, created by God and enjoying equal status with all others, receives fair and equitable treatment.
The Law and the New Testament
The contemporary significance of the Torah is recognized in the NT by Jesus’ declaration that his incarnation served to fulfill the law (Matt. 5:17). He affirms the continued legitimacy of the law (Matt. 5:19) and appeals to the law as the governing authority for proper practice and behavior (Matt. 12:6, 42; Luke 4:1–11; Mark 7:9–12; 10:17–19).
The relationship between gospel and law in both Testaments demonstrates far greater continuity than is recognized by many Christians. Covenant theologians affirm that the Mosaic law described a “covenant of works,” which functions differently from the NT’s “covenant of grace,” while dispensationalists often teach that grace supersedes and abolishes the demands of the law. The conditional nature of the Mosaic covenant differs from that of the Abrahamic covenant, since the unconditional promise of the Abrahamic covenant suggests that the blessings promised to Abraham and his seed would be realized not because of human obedience but rather through divine fidelity (Gal. 3:15–27). The Mosaic covenant, or covenant of law, is not contrary to the promises of God (Gal. 3:21); instead, God graciously entered into relationship with the people of Israel, redeemed them from Egypt, and then gave them the law so that they would respond in humble obedience to his redeeming work. Thus, Mosaic law provided through a mediator a way for God to reveal himself to Israel. Consequently, the idea that Israelite religion was legalistic is mistaken. It did not teach that one could earn salvation by “keeping the law”; rather, an individual entered into the covenant with God by grace. When God established the covenant with his people, he forgave their sins. He did not demand a certain level of attainment as a prerequisite for entering into that relationship, nor did Israel have to obey the law perfectly in order to achieve salvation. Instead, the covenantal arrangement instituted a means of forgiveness through the sacrificial system, making the removal of the barrier of sin available to the people. Israel’s obedience to the law was a response to God’s gracious and redeeming work. Law and covenant were complementary.
Ongoing discussions explore the question concerning the relevance of the law for Christians today. Many scholars from past centuries, such as Martin Luther, claimed that the believer is freed entirely from the law of Moses, including its moral requirements. The OT law is binding only insofar as it agrees with the NT and mirrors natural law. John Calvin, on the other hand, maintained that the moral laws of the OT are obligatory for the believer, and he asserts that this is the principal function of law. Calvin’s sense of keeping the moral law does not compromise the message of grace, for keeping the moral law, as opposed to the ceremonial or civil law, does not earn salvation but instead forms the acceptable response of the believer to God’s grace. Other Reformation scholars suggested that the law was abolished with the coming of Christ, and, as a result, while the moral norms remain in effect, the ceremonial laws have been fulfilled with the coming of Christ. Although the penalties originally prescribed for disobedience are no longer effective, keeping the moral law reflects the proper outcome of a life lived by the Spirit of God. See also Ten Commandments; Torah.
Covenant is one of the most significant concepts in the biblical material that affects our understanding of God, his relationship with his people (past, present, and future), and the structure and message of his word. Since the covenant concept is not a unique biblical idea, comparative literature from the world of the Scriptures has enriched our understanding of the nature and the function of covenant. This article highlights the covenant concept and the genre of covenant and provides a brief overview of the major biblical covenants.
Terminology
Defining “covenant.” What is a covenant (Heb. berit)? Most dictionaries refer to it as a pact/compact or an agreement. Although there is some uncertainty regarding the etymology of berit, the two most commonly suggested etymological derivations are from the Akkadian burru, which refers to the establishment of a legal situation by a testimony with an oath, or the Akkadian bittu, often translated as “to bind, fetter.” The NT counterpart word is diathēkē, defined as a “legal disposition of personal goods.” Interestingly, this NT term is used in reference to the initiative of one person who establishes the terms and provisions of the relationship, which is in keeping with unilateral OT covenants. Some OT dictionaries list the “covenant” root with the root for the word “to eat,” perhaps associating the covenant with a covenant meal.
If the concept of binding best represents the covenant terminology, then the covenant is something that binds parties together or obligates one party to the other. Although there are legal implications associated with covenant, the relational aspect of covenant should not be overlooked. A covenant is best understood as a relationship with related legalities. Marriage, for example, is a covenant that establishes and defines a relationship. This perhaps explains why God chose from the realm of relationships among humans the covenant metaphor to establish and communicate his intent in divine-human relationships. The concept of a covenant relationship between God and people is uniquely developed in the biblical material.
Some covenants are between persons of equal status (parity treaties); others are between a master and a servant (suzerainty treaties), between nations, between clans, and between a husband and a wife (Mal. 2:14). To “cut a covenant” at any level of society implies a solemn commitment to a relationship. Hittite treaties illustrate reports of covenant commitments that include a record of negotiations, formulations of terms, a statement that the act of covenant making actually happened, and a closure of negotiations with solemn ratification of the terms.
The most significant covenant relationship in the biblical material is the one between God and humankind. The uniqueness of Israel’s covenant relationship with Yahweh in contrast to all surrounding nations is established on the basis of Deut. 32:8–9. Although Yahweh gave the nations their inheritance, he selected Israel for his own personal care; he established a relationship with the nation independent of and prior to the nation’s association with his land. This was a unique application of the covenant that ran counter to the prevailing Semitic mind-set, which connected deities to specific geographic territories first and was concerned with the inhabitants of those areas only in a secondary sense. Individual OT believers celebrated their relationship with Yahweh and proclaimed him as the unrivaled universal God (Exod. 15; 1 Sam. 2; Isa. 40).
Other key terms. In addition to the “covenant” terminology word group, several other key terms fill out our understanding of this important concept.
“Oath” is a term used synonymously with “covenant” and functions at times to describe the making of a covenant. The oath emphasizes the liability and obligation associated in the relationship (Deut. 29:19). The oath can be taken by both parties (Gen. 26:28) or by just one party (Ezek. 17:13).
The word “testimony” refers to the contents of the two tablets of stone (Exod. 31:18) received by Moses from God at Mount Sinai. The Ark of the Covenant is also identified by the phrase “ark of the testimony” (Exod. 26:34; 30:6; 31:7 KJV, ESV). Testimony in the context of the covenant refers to the obligations placed upon the nation in covenant with Yahweh.
The term “word” can be understood in connection with covenant communication. The conquest of the land (a covenant promise) is viewed as a performance of the word of God (Deut. 9:5 KJV). The phrases “establish his covenant” (Deut. 8:18 KJV) and “perform his word” (Deut. 9:5 KJV) are parallel ideas within the overall concept of covenant. The sure “word of the Lord” to David in 2 Sam. 7:4 can be contrasted with worthless words of the nation used in making a covenant with God (Hos. 10:4).
Torah is a Hebrew term related to covenant. The terms berit and torah are found in parallel structure in Ps. 78:10. The binding arrangement between God and his people is ultimately based upon and regulated by the instructions of his word. The phrase “Book of the Law” (2 Kings 22:8) has the same covenant implications as the phrase “tablets of the Testimony” (Exod. 31:18 ESV, NASB). God indicted the priesthood for misguiding the people and causing them to stumble at the law (Mal. 2:5–8) and ultimately to be misguided in their relationship with him.
Khesed is another Hebrew term that is frequently used with relation to a covenant. Defined as “steadfast covenant loyalty,” it is also understood as grace, mercy, kindness, loving-kindness. Khesed is that characteristic of God which causes him to act consistently and faithfully regarding self-imposed obligations in covenant relationships despite the failure or success of the other party. The khesed of God will never cease (Lam. 3:19–21) because he keeps covenant and mercy (Deut. 7:9, 12). The loyalty of God to David is stated in 2 Sam. 7:14–15 and celebrated in Ps. 89:14, 24, 28, 33–34, 49. In contrast, the people are indicted for their lack of loyalty (Hos. 4:1).
Common phrases. The most common covenant-making phrase is “to cut a covenant.” Two possible practices lie behind this phrase. The first reflects a practice in Mesopotamia and Syria, cutting a covenant into a tablet with a stylus. This may be somewhat similar to what is found in Exod. 31:18, where it is said that the two tablets of stone were “inscribed by the finger of God.” The second practice behind this phrase is the cutting of sacrificial animals. The halving of animals was part of the covenant made with Abraham in Gen. 15:9–18. In a situation of covenant violation God tells Israel that he will treat them like the calf they cut in covenant making (Jer. 34:17–19). Covenant making is also described as establishing a covenant (2 Sam. 23:5), giving a covenant (Gen. 9:12), and erecting a covenant (Exod. 6:4).
Faithfulness and loyalty to a covenant are expressed by several phrases. “Keep a covenant” exhorts the covenant parties to watch, guard, exercise faithfulness to the terms of the relationship established (Exod. 34:7). “Observe a covenant” implies the demonstration of covenant fidelity in observing and doing (Gen. 17:9–10; Exod. 19:5; NIV: “keep my covenant”). God is obviously faithful in observing the covenant (Deut. 7:9–12). “Remember a covenant” conveys more than just a mental exercise, especially when God is the subject of the verbal action of remembering. When God remembers a covenant, he acts with resolve and intervention (Gen. 8:1; 19:29; 30:22; Exod. 2:24).
Covenant infidelity is expressed by the phrases “break the covenant” (Lev. 26:14–16; Jer. 11:10; 31:32; 33:20–21), “not faithful” (Ps. 78:37), “violate the covenant” (Deut. 17:2; Josh. 7:11, 15; 23:16), and “forsake the covenant” (Jer. 22:9; cf. Deut. 29:25; 1 Kings 19:10, 14).
The Covenant Genre
We now turn to the form, content, and function of a covenant, or the covenant genre. There is evidence of a common treaty form used by ancient Near Eastern peoples to govern relationships between nations and tribes. This evidence dates back to the third millennium BC and is derived from literary texts discovered in the ancient Near East. The most helpful contributions to this discussion come from the Hittites (1400–1200 BC), the Assyrians (800–600 BC), and the Babylonians. From this evidence, we are able to identify four ancient Near Eastern arrangements.
1. The intertribal treaty was a legal arrangement between tribes and clans for various purposes such as the purchase of land, trading, or peaceful coexistence. The arrangements made in this format were equally binding on both parties. A possible biblical example is the arrangement between Abraham and Abimelek in Gen. 21:22–34 or the arrangement between Abimelek and Isaac in Gen. 26:28.
2. The parity treaty was an arrangement made between kings and princes who were equal in each other’s eyes. This arrangement involved mutual participation, as illustrated in the economic relationship established between King Solomon and King Hiram of Tyre in 1 Kings 5:1–12.
3. The suzerainty treaty was established between two parties, one inferior and one superior. The distinctive emphasis of the treaty was on the superior party, the suzerain. In this arrangement the suzerain agrees to make certain provisions for the vassal. He agrees to defend the vassal in the case of attack, along with permitting the existence of the vassal nation. In addition, the suzerain has the right to take tribute from the vassal at any time. The vassal, for his part, agrees to a position of servanthood but not slavery. Vassals honor the suzerain with tribute and material goods.
There are six basic parts to the format of this treaty. Many scholars believe that the suzerainty treaty form has influenced the structure of the book of Deuteronomy.
(a) The treaty begins with the preamble that identifies the treaty’s author/originator (cf. Deut. 1:1–6a; 5:6a, 23–27).
(b) The second part is the prologue, which contains a review of the past relationship between the vassal and the suzerain constructed in an “I-Thou” format (cf. Deut. 1:6b–3:29; 2:7; 4:32–38). The purpose of this section is to review the previous acts of benevolence demonstrated by the suzerain toward the vassal. The faithfulness of the suzerain to the vassal would perhaps instill some measure of confidence for entrance into this relationship. In Hittite treaties there was often a grace ethic ideology that characterized the prologue and served as a basis of appeal for obedience. The Hittites demonstrated a measure of appreciation for conquered vassals and treated them with dignity by allowing them limited sovereignty. The Assyrians operated with a power ethic that motivated obedience by threatening dismemberment, torture, and even death. Yahweh appealed to Israel on the basis of the grace of redemption (Exod. 20:8–11; Deut. 5:12–15) and the privilege of revelation (Deut. 4:12; cf. Rom. 3:2).
(c) The stipulations are the third part of the treaty form. These are the expectations of the suzerain for the vassal (cf. Deut. 4:1–23; 6:4–7:2; 10:12–22; 12–26). The stipulations call for the vassal to be loyal in war, to loyally return political refugees, and to not murmur against the suzerain and his kingdom. The heart of the stipulation in Deuteronomy is the appeal to “love the Lord your God with all your heart and with all your soul and with all your strength” (6:5), one of the most important verses of the OT.
(d) The deposit and public reading of the treaty is the next division. This section instructs the vassal to place the treaty in his sanctuary and directs the vassal to publicly read the document from one to four times per year (cf. Deut. 10:1–5; 31:9–13). A regular reading was designed to keep the stipulations before the vassal in order to nurture respect for the suzerain.
(e) In the next part, a list of witnesses, usually gods, are called upon to observe the covenant and to punish any breach of it (cf. Deut. 30:19–20).
(f) The final part of the treaty is a section of blessing and curse. This section contains a list of potential rewards for faithfulness and terrifying possibilities of retribution for covenant violations (cf. Deut. 28–29).
4. The royal grant treaty, used in both biblical and secular literature, is somewhat similar to the suzerainty treaty. The distinctive difference is that the obligation of the grant is not on the vassal but rather on the suzerain to protect the rights of the vassal. In this format the curse is directed against any third party that would oppose the vassal or against the suzerain who would act unfaithfully against the vassal.
Covenants in the Bible
Types of covenants. The material on covenant form, content, and structure comes into play when attempts are made to interpret the major covenants recorded in the Bible (Noahic, Abrahamic, Mosaic, Davidic, and new). Initial discussions usually revolve around whether these covenants are conditional or unconditional. Although there is merit to this discussion, covenants should also be understood in light of which party is bearing the treaty obligation. As described above, the obligation of the suzerainty treaty is upon the vassal to fulfill the expectations of the suzerain. In the grant treaty the obligation is placed upon the suzerain to fulfill the treaty promises made to the vassal. There is a sense of conditionality and unconditionality in both treaty forms.
On this basis, the Mosaic covenant is most fittingly understood in light of the suzerainty treaty. This covenant made at Mount Sinai established Israel as a covenant nation. Yahweh never intended to create a relationship with Israel on the basis of this covenant. Rather, he chose this covenant form as the means to regulate his relationship with Israel, the nation that he had just graciously redeemed. The Mosaic covenant addressed every aspect of Israelite life. so that the prophetic charges against the nation’s transgressions were considered covenant violations.
The Abrahamic and Davidic covenants are more like a grant. In the Abrahamic covenant Yahweh is obligating himself to gift Israel with land, seed, and blessing (Gen. 12–17). The halving of animals in Gen. 15:9–20 resembles a covenant-cutting ceremony in which Yahweh, in the form of a smoking firepot, walks between the animals, obligating himself to the terms of the covenant. In the Davidic covenant (2 Sam. 7; Ps. 89), Yahweh obligates himself to provide David and his descendants a king and a kingdom. The new covenant is first referenced by Moses in Deut. 30:6 and then developed more extensively in Jer. 31:31–33 and Ezek. 36. Scholars debate the nature of this covenant and the promises associated with it. Some define it as a grant and speak of it in unconditional terms, while others view it as an administrative covenant. The new covenant anticipates a change in the heart of the vassal that ultimately facilitates keeping of the law. The OT Scriptures see this happening in connection with Israel’s occupation of the land at a future time.
Covenant leadership positions. In addition to the very specific covenant arrangements made by God in the OT defining and regulating the life and future of Israel, God established three key covenant leadership positions for the nation: prophet, priest, and king (Deut. 17–18). Their connection with the covenant is evident from the fact that their origin and function are detailed in the covenant book of Deuteronomy.
God provided a prophet (Deut. 18:9–22) for the nation so that it would not learn the abominations of the Canaanites and surrounding nations. God desired spiritual integrity for his people and established the prophet as his mouthpiece to speak what he commanded (Deut. 18:18–20). The prophet was to be an Israelite who fit a Moses-like pattern (Deut. 18:18–19). The writing and nonwriting prophets often called Israel back to covenant fidelity. They did this by using legal terminology to illustrate covenant violations, thus establishing covenant lawsuits against them. Isaiah 1 is a case made by God against the nation. In this lawsuit God functions as judge, jury, and lawyer.
The priest (Deut. 17:8–13; 18:1–8; 33:8–11) had a threefold function within the covenant community. He was a mediator of people before God and of God before people. This particular function of the priesthood was broad and encompassed much of its work. The priest was a teacher who sought from the Torah resolution to disagreements between parties (cf. Jer. 18:18). It is also worth noting that the teaching of the priest preceded sacrifice. Finally, he was a minister of sacrifice. The priest led Israel in worship and sacrifice, giving instruction concerning what was clean and unclean (Lev. 13–15).
The king was also a provision of the covenant (Deut. 17). Kingship was not a divine accommodation to the desire of Israel (1 Sam. 8) but rather a part of the overall covenant plan of God revealed to Abraham (Gen. 17:16). The promise of kingship was reiterated in Gen. 35:11; 49:10. The duty of the king involved administration of the kingdom on the basis of the word of God (Deut. 17:18–20; cf. Prov. 29:4, 14).
Covenant in the Old Testament. Covenant is a dominant theme that gives cohesiveness to the structure of the OT and distinguishes the history of Israel. The phrase “covenant history” can be used to describe the biblical literature that recounts the events and episodes of Israelite life. It is a macrogenre that characterizes the historical narratives of the OT. Although this large literary corpus of historical narrative shares a covenant perspective, the individual books within the narrative corpus are noted for the attention they give to various aspects of the covenant relationship. For example, Gen. 12–50 develops the covenant promises of seed and blessing through a number of subgenres such as genealogies and family stories. Joshua, on the other hand, engages several military subgenres to recount the tension between the promise of land occupation and the responsibility of Israel to occupy the land. Covenant history is a realistic presentation of the tensions associated with the covenant relationship between Yahweh and the nation of Israel.
Finally, the psalms have a direct covenant connection emphasizing covenant worship. Psalm 119 (esp. vv. 57–64) is filled with covenant terms that relate to God’s word (testimonies, laws, oath, judgments). Marching to the place of worship designated by the covenant is reflected in the Psalms of Ascent.
Covenant in the New Testament. Although the covenant theme is less pervasive in the NT, its christological significance is profound. The NT highlights the significant messianic role of Christ in relation to the covenants. Paul references the new covenant in both books of Corinthians (1 Cor. 11:25; 2 Cor. 3:6). Each celebration of the Lord’s Supper reminds us that the shed blood of Christ is the blood of the new covenant. The new covenant is cut in connection with or on the basis of his death, burial, and resurrection (1 Cor. 11:25). The writer of the book of Hebrews gives detailed attention to how the new covenant functions in contrast to the old Mosaic covenant. The writer explains that Jesus is the guarantor of a better covenant (7:22; 8:6–7). Finally, Paul indicates that we are now considered ministers of the new covenant ministry (2 Cor. 3:6).
The words “persecute” and “persecution” refer to the act of pursuing and wrongly afflicting someone. The terms occur mostly in the NT, where typically they refer to persecution of Jesus’ followers. Their persecution takes varying forms, such as false legal accusations, imprisonment, or execution.
Persecution throughout the Bible. Within the NT, the English words “persecute” and “persecution” are, with few exceptions, translations of the Greek verb diōkō or the related noun diōgmos. However, diōkō can also mean simply “to pursue, follow after,” such as when the object of pursuit is righteousness or peace (Rom. 9:30; 1 Tim. 6:11; 2 Tim. 2:22; 1 Pet. 3:11). The term is used in this same sense in the LXX (Gen. 14:15; Deut. 16:20; 19:6; 2 Sam. 22:38). The Greek words were translated into English as “persecute” or “persecution” when the translators thought that the context also showed wrongful affliction. The corresponding Hebrew word radap shares this meaning.
In this sense of wrongful affliction, persecution occurs throughout the Bible. The Egyptian army pursues the people of Israel to the Red Sea (Exod. 14:8; Neh. 9:11). On two occasions, the people want to stone the prophet Moses to death (Exod. 17:3–4; Num. 14:10). Saul hunts David (1 Sam. 23:25; 24:14; 26:18). Saul wrongly slays the Gibeonites out of a sense of patriotism (1 Sam. 21:1–2). Jezebel kills God’s prophets (1 Kings 18:13). The prophet Uriah is slain (Jer. 26:23), and the prophet Jeremiah is incarcerated (Jer. 38:6–9). Isaiah, Ezekiel, and other prophets are strongly opposed, suggesting persecution (2 Chron. 36:16; Isa. 1:2–6; Ezek. 2:3–4; 3:7–9; Acts 7:52). Daniel is cast to the lions (Dan. 6:16). A king’s decree allows execution of all Jews for holding the laws of God above the king’s commands, indicating pagan religious hostility (Esther 3). Pagan hostility is shown by the later deaths of many Jews in the religious persecution described in 1 Maccabees and in the first-century uprisings in Egypt described by the Jewish philosopher Philo of Alexandria.
Persecution in the New Testament. In the NT, persecution begins with the imprisonment and beheading of John the Baptist (Mark 6:16–18; Josephus, Ant. 18.116–19). Jesus is accused by the religious authorities and eventually is tried and executed by Pilate. The religious authorities later flog Jesus’ apostles for teaching about him (Acts 5:40). The disciple Stephen is soon accused by false witnesses, tried, and executed by stoning (7:59–60). At this time, Saul (Paul) of Tarsus drags men and women from the Jerusalem church off to prison by authority from the chief priests. Saul has them beaten, and at their execution he casts votes against them (8:3; 22:4, 5, 19; 26:10). After this, Herod executes Jesus’ disciple James (12:2). Saul (Paul) converts, and then he suffers threats, beatings, stoning, and prison (Acts 13:50; 14:5, 19; 16:22–35; 24:27; 2 Cor. 11:23–25). Disciples in Macedonia and Achaia suffer; some Hebrew-speaking disciples suffer imprisonment and property seizure; and some disciples in Asia Minor die as martyrs (2 Cor. 1:6; 1 Thess. 1:6–7; Heb. 10:34; Rev. 2:8–13). Pagan persecution of Christians continued for nearly three centuries, sometimes far more severely, according to records compiled by Eusebius (Hist. eccl. 2.25; 3.17–19, 32–33; 4.8, 13, 15; 5.1–2; 6.1, 4, 41–42; 8.2–3, 7–13). Persecution was sporadic, often beginning with slander or legal accusations. It occurred in many regions, with leaders especially suffering. Records of persecution survived haphazardly.
Jesus says that we are to love and do good to our enemies and pray for our persecutors (Matt. 5:44; Luke 6:27). While being crucified, Jesus accordingly prays, “Father, forgive them” (Luke 23:34; cf. Acts 7:60). Preparing for arrest, Jesus warns his disciples to pray to avoid temptation, and he himself prays (Matt. 26:41). Both Jesus and Paul say that believers will be persecuted (Matt. 24:9; 1 Thess. 3:4; 2 Tim. 3:12), but God gives strength in persecution (Acts 14:22; 2 Cor. 12:10).
The words “persecute” and “persecution” refer to the act of pursuing and wrongly afflicting someone. The terms occur mostly in the NT, where typically they refer to persecution of Jesus’ followers. Their persecution takes varying forms, such as false legal accusations, imprisonment, or execution.
Persecution throughout the Bible. Within the NT, the English words “persecute” and “persecution” are, with few exceptions, translations of the Greek verb diōkō or the related noun diōgmos. However, diōkō can also mean simply “to pursue, follow after,” such as when the object of pursuit is righteousness or peace (Rom. 9:30; 1 Tim. 6:11; 2 Tim. 2:22; 1 Pet. 3:11). The term is used in this same sense in the LXX (Gen. 14:15; Deut. 16:20; 19:6; 2 Sam. 22:38). The Greek words were translated into English as “persecute” or “persecution” when the translators thought that the context also showed wrongful affliction. The corresponding Hebrew word radap shares this meaning.
In this sense of wrongful affliction, persecution occurs throughout the Bible. The Egyptian army pursues the people of Israel to the Red Sea (Exod. 14:8; Neh. 9:11). On two occasions, the people want to stone the prophet Moses to death (Exod. 17:3–4; Num. 14:10). Saul hunts David (1 Sam. 23:25; 24:14; 26:18). Saul wrongly slays the Gibeonites out of a sense of patriotism (1 Sam. 21:1–2). Jezebel kills God’s prophets (1 Kings 18:13). The prophet Uriah is slain (Jer. 26:23), and the prophet Jeremiah is incarcerated (Jer. 38:6–9). Isaiah, Ezekiel, and other prophets are strongly opposed, suggesting persecution (2 Chron. 36:16; Isa. 1:2–6; Ezek. 2:3–4; 3:7–9; Acts 7:52). Daniel is cast to the lions (Dan. 6:16). A king’s decree allows execution of all Jews for holding the laws of God above the king’s commands, indicating pagan religious hostility (Esther 3). Pagan hostility is shown by the later deaths of many Jews in the religious persecution described in 1 Maccabees and in the first-century uprisings in Egypt described by the Jewish philosopher Philo of Alexandria.
Persecution in the New Testament. In the NT, persecution begins with the imprisonment and beheading of John the Baptist (Mark 6:16–18; Josephus, Ant. 18.116–19). Jesus is accused by the religious authorities and eventually is tried and executed by Pilate. The religious authorities later flog Jesus’ apostles for teaching about him (Acts 5:40). The disciple Stephen is soon accused by false witnesses, tried, and executed by stoning (7:59–60). At this time, Saul (Paul) of Tarsus drags men and women from the Jerusalem church off to prison by authority from the chief priests. Saul has them beaten, and at their execution he casts votes against them (8:3; 22:4, 5, 19; 26:10). After this, Herod executes Jesus’ disciple James (12:2). Saul (Paul) converts, and then he suffers threats, beatings, stoning, and prison (Acts 13:50; 14:5, 19; 16:22–35; 24:27; 2 Cor. 11:23–25). Disciples in Macedonia and Achaia suffer; some Hebrew-speaking disciples suffer imprisonment and property seizure; and some disciples in Asia Minor die as martyrs (2 Cor. 1:6; 1 Thess. 1:6–7; Heb. 10:34; Rev. 2:8–13). Pagan persecution of Christians continued for nearly three centuries, sometimes far more severely, according to records compiled by Eusebius (Hist. eccl. 2.25; 3.17–19, 32–33; 4.8, 13, 15; 5.1–2; 6.1, 4, 41–42; 8.2–3, 7–13). Persecution was sporadic, often beginning with slander or legal accusations. It occurred in many regions, with leaders especially suffering. Records of persecution survived haphazardly.
Jesus says that we are to love and do good to our enemies and pray for our persecutors (Matt. 5:44; Luke 6:27). While being crucified, Jesus accordingly prays, “Father, forgive them” (Luke 23:34; cf. Acts 7:60). Preparing for arrest, Jesus warns his disciples to pray to avoid temptation, and he himself prays (Matt. 26:41). Both Jesus and Paul say that believers will be persecuted (Matt. 24:9; 1 Thess. 3:4; 2 Tim. 3:12), but God gives strength in persecution (Acts 14:22; 2 Cor. 12:10).
The titles, or superscriptions, of fifteen psalms include the designation “a song of ascents,” also called “a song of degrees.” The notion of ascending, or going up, has influenced the understanding of these psalms. The “going up” has been seen as going up to Jerusalem for a holy day, going up to Jerusalem as part of the return from the exile, going up the fifteen steps at the courts of the temple (a Jewish tradition in the Mishnah), or an aspect of their poetic style. These psalms occur together as a group, Pss. 120–134. They include different genres but share an emphasis on Jerusalem, which supports the idea that they were used on pilgrimage for a holy day (see Exod. 24:13; 34:23; Lev. 23:4; and Deut. 16 for religious journeys to Jerusalem). Harvest imagery in some of these psalms and the Mishnah tradition suggest the Feast of Tabernacles, but they need not have been limited to this festival.
The titles, or superscriptions, of fifteen psalms include the designation “a song of ascents,” also called “a song of degrees.” The notion of ascending, or going up, has influenced the understanding of these psalms. The “going up” has been seen as going up to Jerusalem for a holy day, going up to Jerusalem as part of the return from the exile, going up the fifteen steps at the courts of the temple (a Jewish tradition in the Mishnah), or an aspect of their poetic style. These psalms occur together as a group, Pss. 120–134. They include different genres but share an emphasis on Jerusalem, which supports the idea that they were used on pilgrimage for a holy day (see Exod. 24:13; 34:23; Lev. 23:4; and Deut. 16 for religious journeys to Jerusalem). Harvest imagery in some of these psalms and the Mishnah tradition suggest the Feast of Tabernacles, but they need not have been limited to this festival.
Covenant is one of the most significant concepts in the biblical material that affects our understanding of God, his relationship with his people (past, present, and future), and the structure and message of his word. Since the covenant concept is not a unique biblical idea, comparative literature from the world of the Scriptures has enriched our understanding of the nature and the function of covenant. This article highlights the covenant concept and the genre of covenant and provides a brief overview of the major biblical covenants.
Terminology
Defining “covenant.” What is a covenant (Heb. berit)? Most dictionaries refer to it as a pact/compact or an agreement. Although there is some uncertainty regarding the etymology of berit, the two most commonly suggested etymological derivations are from the Akkadian burru, which refers to the establishment of a legal situation by a testimony with an oath, or the Akkadian bittu, often translated as “to bind, fetter.” The NT counterpart word is diathēkē, defined as a “legal disposition of personal goods.” Interestingly, this NT term is used in reference to the initiative of one person who establishes the terms and provisions of the relationship, which is in keeping with unilateral OT covenants. Some OT dictionaries list the “covenant” root with the root for the word “to eat,” perhaps associating the covenant with a covenant meal.
If the concept of binding best represents the covenant terminology, then the covenant is something that binds parties together or obligates one party to the other. Although there are legal implications associated with covenant, the relational aspect of covenant should not be overlooked. A covenant is best understood as a relationship with related legalities. Marriage, for example, is a covenant that establishes and defines a relationship. This perhaps explains why God chose from the realm of relationships among humans the covenant metaphor to establish and communicate his intent in divine-human relationships. The concept of a covenant relationship between God and people is uniquely developed in the biblical material.
Some covenants are between persons of equal status (parity treaties); others are between a master and a servant (suzerainty treaties), between nations, between clans, and between a husband and a wife (Mal. 2:14). To “cut a covenant” at any level of society implies a solemn commitment to a relationship. Hittite treaties illustrate reports of covenant commitments that include a record of negotiations, formulations of terms, a statement that the act of covenant making actually happened, and a closure of negotiations with solemn ratification of the terms.
The most significant covenant relationship in the biblical material is the one between God and humankind. The uniqueness of Israel’s covenant relationship with Yahweh in contrast to all surrounding nations is established on the basis of Deut. 32:8–9. Although Yahweh gave the nations their inheritance, he selected Israel for his own personal care; he established a relationship with the nation independent of and prior to the nation’s association with his land. This was a unique application of the covenant that ran counter to the prevailing Semitic mind-set, which connected deities to specific geographic territories first and was concerned with the inhabitants of those areas only in a secondary sense. Individual OT believers celebrated their relationship with Yahweh and proclaimed him as the unrivaled universal God (Exod. 15; 1 Sam. 2; Isa. 40).
Other key terms. In addition to the “covenant” terminology word group, several other key terms fill out our understanding of this important concept.
“Oath” is a term used synonymously with “covenant” and functions at times to describe the making of a covenant. The oath emphasizes the liability and obligation associated in the relationship (Deut. 29:19). The oath can be taken by both parties (Gen. 26:28) or by just one party (Ezek. 17:13).
The word “testimony” refers to the contents of the two tablets of stone (Exod. 31:18) received by Moses from God at Mount Sinai. The Ark of the Covenant is also identified by the phrase “ark of the testimony” (Exod. 26:34; 30:6; 31:7 KJV, ESV). Testimony in the context of the covenant refers to the obligations placed upon the nation in covenant with Yahweh.
The term “word” can be understood in connection with covenant communication. The conquest of the land (a covenant promise) is viewed as a performance of the word of God (Deut. 9:5 KJV). The phrases “establish his covenant” (Deut. 8:18 KJV) and “perform his word” (Deut. 9:5 KJV) are parallel ideas within the overall concept of covenant. The sure “word of the Lord” to David in 2 Sam. 7:4 can be contrasted with worthless words of the nation used in making a covenant with God (Hos. 10:4).
Torah is a Hebrew term related to covenant. The terms berit and torah are found in parallel structure in Ps. 78:10. The binding arrangement between God and his people is ultimately based upon and regulated by the instructions of his word. The phrase “Book of the Law” (2 Kings 22:8) has the same covenant implications as the phrase “tablets of the Testimony” (Exod. 31:18 ESV, NASB). God indicted the priesthood for misguiding the people and causing them to stumble at the law (Mal. 2:5–8) and ultimately to be misguided in their relationship with him.
Khesed is another Hebrew term that is frequently used with relation to a covenant. Defined as “steadfast covenant loyalty,” it is also understood as grace, mercy, kindness, loving-kindness. Khesed is that characteristic of God which causes him to act consistently and faithfully regarding self-imposed obligations in covenant relationships despite the failure or success of the other party. The khesed of God will never cease (Lam. 3:19–21) because he keeps covenant and mercy (Deut. 7:9, 12). The loyalty of God to David is stated in 2 Sam. 7:14–15 and celebrated in Ps. 89:14, 24, 28, 33–34, 49. In contrast, the people are indicted for their lack of loyalty (Hos. 4:1).
Common phrases. The most common covenant-making phrase is “to cut a covenant.” Two possible practices lie behind this phrase. The first reflects a practice in Mesopotamia and Syria, cutting a covenant into a tablet with a stylus. This may be somewhat similar to what is found in Exod. 31:18, where it is said that the two tablets of stone were “inscribed by the finger of God.” The second practice behind this phrase is the cutting of sacrificial animals. The halving of animals was part of the covenant made with Abraham in Gen. 15:9–18. In a situation of covenant violation God tells Israel that he will treat them like the calf they cut in covenant making (Jer. 34:17–19). Covenant making is also described as establishing a covenant (2 Sam. 23:5), giving a covenant (Gen. 9:12), and erecting a covenant (Exod. 6:4).
Faithfulness and loyalty to a covenant are expressed by several phrases. “Keep a covenant” exhorts the covenant parties to watch, guard, exercise faithfulness to the terms of the relationship established (Exod. 34:7). “Observe a covenant” implies the demonstration of covenant fidelity in observing and doing (Gen. 17:9–10; Exod. 19:5; NIV: “keep my covenant”). God is obviously faithful in observing the covenant (Deut. 7:9–12). “Remember a covenant” conveys more than just a mental exercise, especially when God is the subject of the verbal action of remembering. When God remembers a covenant, he acts with resolve and intervention (Gen. 8:1; 19:29; 30:22; Exod. 2:24).
Covenant infidelity is expressed by the phrases “break the covenant” (Lev. 26:14–16; Jer. 11:10; 31:32; 33:20–21), “not faithful” (Ps. 78:37), “violate the covenant” (Deut. 17:2; Josh. 7:11, 15; 23:16), and “forsake the covenant” (Jer. 22:9; cf. Deut. 29:25; 1 Kings 19:10, 14).
The Covenant Genre
We now turn to the form, content, and function of a covenant, or the covenant genre. There is evidence of a common treaty form used by ancient Near Eastern peoples to govern relationships between nations and tribes. This evidence dates back to the third millennium BC and is derived from literary texts discovered in the ancient Near East. The most helpful contributions to this discussion come from the Hittites (1400–1200 BC), the Assyrians (800–600 BC), and the Babylonians. From this evidence, we are able to identify four ancient Near Eastern arrangements.
1. The intertribal treaty was a legal arrangement between tribes and clans for various purposes such as the purchase of land, trading, or peaceful coexistence. The arrangements made in this format were equally binding on both parties. A possible biblical example is the arrangement between Abraham and Abimelek in Gen. 21:22–34 or the arrangement between Abimelek and Isaac in Gen. 26:28.
2. The parity treaty was an arrangement made between kings and princes who were equal in each other’s eyes. This arrangement involved mutual participation, as illustrated in the economic relationship established between King Solomon and King Hiram of Tyre in 1 Kings 5:1–12.
3. The suzerainty treaty was established between two parties, one inferior and one superior. The distinctive emphasis of the treaty was on the superior party, the suzerain. In this arrangement the suzerain agrees to make certain provisions for the vassal. He agrees to defend the vassal in the case of attack, along with permitting the existence of the vassal nation. In addition, the suzerain has the right to take tribute from the vassal at any time. The vassal, for his part, agrees to a position of servanthood but not slavery. Vassals honor the suzerain with tribute and material goods.
There are six basic parts to the format of this treaty. Many scholars believe that the suzerainty treaty form has influenced the structure of the book of Deuteronomy.
(a) The treaty begins with the preamble that identifies the treaty’s author/originator (cf. Deut. 1:1–6a; 5:6a, 23–27).
(b) The second part is the prologue, which contains a review of the past relationship between the vassal and the suzerain constructed in an “I-Thou” format (cf. Deut. 1:6b–3:29; 2:7; 4:32–38). The purpose of this section is to review the previous acts of benevolence demonstrated by the suzerain toward the vassal. The faithfulness of the suzerain to the vassal would perhaps instill some measure of confidence for entrance into this relationship. In Hittite treaties there was often a grace ethic ideology that characterized the prologue and served as a basis of appeal for obedience. The Hittites demonstrated a measure of appreciation for conquered vassals and treated them with dignity by allowing them limited sovereignty. The Assyrians operated with a power ethic that motivated obedience by threatening dismemberment, torture, and even death. Yahweh appealed to Israel on the basis of the grace of redemption (Exod. 20:8–11; Deut. 5:12–15) and the privilege of revelation (Deut. 4:12; cf. Rom. 3:2).
(c) The stipulations are the third part of the treaty form. These are the expectations of the suzerain for the vassal (cf. Deut. 4:1–23; 6:4–7:2; 10:12–22; 12–26). The stipulations call for the vassal to be loyal in war, to loyally return political refugees, and to not murmur against the suzerain and his kingdom. The heart of the stipulation in Deuteronomy is the appeal to “love the Lord your God with all your heart and with all your soul and with all your strength” (6:5), one of the most important verses of the OT.
(d) The deposit and public reading of the treaty is the next division. This section instructs the vassal to place the treaty in his sanctuary and directs the vassal to publicly read the document from one to four times per year (cf. Deut. 10:1–5; 31:9–13). A regular reading was designed to keep the stipulations before the vassal in order to nurture respect for the suzerain.
(e) In the next part, a list of witnesses, usually gods, are called upon to observe the covenant and to punish any breach of it (cf. Deut. 30:19–20).
(f) The final part of the treaty is a section of blessing and curse. This section contains a list of potential rewards for faithfulness and terrifying possibilities of retribution for covenant violations (cf. Deut. 28–29).
4. The royal grant treaty, used in both biblical and secular literature, is somewhat similar to the suzerainty treaty. The distinctive difference is that the obligation of the grant is not on the vassal but rather on the suzerain to protect the rights of the vassal. In this format the curse is directed against any third party that would oppose the vassal or against the suzerain who would act unfaithfully against the vassal.
Covenants in the Bible
Types of covenants. The material on covenant form, content, and structure comes into play when attempts are made to interpret the major covenants recorded in the Bible (Noahic, Abrahamic, Mosaic, Davidic, and new). Initial discussions usually revolve around whether these covenants are conditional or unconditional. Although there is merit to this discussion, covenants should also be understood in light of which party is bearing the treaty obligation. As described above, the obligation of the suzerainty treaty is upon the vassal to fulfill the expectations of the suzerain. In the grant treaty the obligation is placed upon the suzerain to fulfill the treaty promises made to the vassal. There is a sense of conditionality and unconditionality in both treaty forms.
On this basis, the Mosaic covenant is most fittingly understood in light of the suzerainty treaty. This covenant made at Mount Sinai established Israel as a covenant nation. Yahweh never intended to create a relationship with Israel on the basis of this covenant. Rather, he chose this covenant form as the means to regulate his relationship with Israel, the nation that he had just graciously redeemed. The Mosaic covenant addressed every aspect of Israelite life. so that the prophetic charges against the nation’s transgressions were considered covenant violations.
The Abrahamic and Davidic covenants are more like a grant. In the Abrahamic covenant Yahweh is obligating himself to gift Israel with land, seed, and blessing (Gen. 12–17). The halving of animals in Gen. 15:9–20 resembles a covenant-cutting ceremony in which Yahweh, in the form of a smoking firepot, walks between the animals, obligating himself to the terms of the covenant. In the Davidic covenant (2 Sam. 7; Ps. 89), Yahweh obligates himself to provide David and his descendants a king and a kingdom. The new covenant is first referenced by Moses in Deut. 30:6 and then developed more extensively in Jer. 31:31–33 and Ezek. 36. Scholars debate the nature of this covenant and the promises associated with it. Some define it as a grant and speak of it in unconditional terms, while others view it as an administrative covenant. The new covenant anticipates a change in the heart of the vassal that ultimately facilitates keeping of the law. The OT Scriptures see this happening in connection with Israel’s occupation of the land at a future time.
Covenant leadership positions. In addition to the very specific covenant arrangements made by God in the OT defining and regulating the life and future of Israel, God established three key covenant leadership positions for the nation: prophet, priest, and king (Deut. 17–18). Their connection with the covenant is evident from the fact that their origin and function are detailed in the covenant book of Deuteronomy.
God provided a prophet (Deut. 18:9–22) for the nation so that it would not learn the abominations of the Canaanites and surrounding nations. God desired spiritual integrity for his people and established the prophet as his mouthpiece to speak what he commanded (Deut. 18:18–20). The prophet was to be an Israelite who fit a Moses-like pattern (Deut. 18:18–19). The writing and nonwriting prophets often called Israel back to covenant fidelity. They did this by using legal terminology to illustrate covenant violations, thus establishing covenant lawsuits against them. Isaiah 1 is a case made by God against the nation. In this lawsuit God functions as judge, jury, and lawyer.
The priest (Deut. 17:8–13; 18:1–8; 33:8–11) had a threefold function within the covenant community. He was a mediator of people before God and of God before people. This particular function of the priesthood was broad and encompassed much of its work. The priest was a teacher who sought from the Torah resolution to disagreements between parties (cf. Jer. 18:18). It is also worth noting that the teaching of the priest preceded sacrifice. Finally, he was a minister of sacrifice. The priest led Israel in worship and sacrifice, giving instruction concerning what was clean and unclean (Lev. 13–15).
The king was also a provision of the covenant (Deut. 17). Kingship was not a divine accommodation to the desire of Israel (1 Sam. 8) but rather a part of the overall covenant plan of God revealed to Abraham (Gen. 17:16). The promise of kingship was reiterated in Gen. 35:11; 49:10. The duty of the king involved administration of the kingdom on the basis of the word of God (Deut. 17:18–20; cf. Prov. 29:4, 14).
Covenant in the Old Testament. Covenant is a dominant theme that gives cohesiveness to the structure of the OT and distinguishes the history of Israel. The phrase “covenant history” can be used to describe the biblical literature that recounts the events and episodes of Israelite life. It is a macrogenre that characterizes the historical narratives of the OT. Although this large literary corpus of historical narrative shares a covenant perspective, the individual books within the narrative corpus are noted for the attention they give to various aspects of the covenant relationship. For example, Gen. 12–50 develops the covenant promises of seed and blessing through a number of subgenres such as genealogies and family stories. Joshua, on the other hand, engages several military subgenres to recount the tension between the promise of land occupation and the responsibility of Israel to occupy the land. Covenant history is a realistic presentation of the tensions associated with the covenant relationship between Yahweh and the nation of Israel.
Finally, the psalms have a direct covenant connection emphasizing covenant worship. Psalm 119 (esp. vv. 57–64) is filled with covenant terms that relate to God’s word (testimonies, laws, oath, judgments). Marching to the place of worship designated by the covenant is reflected in the Psalms of Ascent.
Covenant in the New Testament. Although the covenant theme is less pervasive in the NT, its christological significance is profound. The NT highlights the significant messianic role of Christ in relation to the covenants. Paul references the new covenant in both books of Corinthians (1 Cor. 11:25; 2 Cor. 3:6). Each celebration of the Lord’s Supper reminds us that the shed blood of Christ is the blood of the new covenant. The new covenant is cut in connection with or on the basis of his death, burial, and resurrection (1 Cor. 11:25). The writer of the book of Hebrews gives detailed attention to how the new covenant functions in contrast to the old Mosaic covenant. The writer explains that Jesus is the guarantor of a better covenant (7:22; 8:6–7). Finally, Paul indicates that we are now considered ministers of the new covenant ministry (2 Cor. 3:6).
Covenant is one of the most significant concepts in the biblical material that affects our understanding of God, his relationship with his people (past, present, and future), and the structure and message of his word. Since the covenant concept is not a unique biblical idea, comparative literature from the world of the Scriptures has enriched our understanding of the nature and the function of covenant. This article highlights the covenant concept and the genre of covenant and provides a brief overview of the major biblical covenants.
Terminology
Defining “covenant.” What is a covenant (Heb. berit)? Most dictionaries refer to it as a pact/compact or an agreement. Although there is some uncertainty regarding the etymology of berit, the two most commonly suggested etymological derivations are from the Akkadian burru, which refers to the establishment of a legal situation by a testimony with an oath, or the Akkadian bittu, often translated as “to bind, fetter.” The NT counterpart word is diathēkē, defined as a “legal disposition of personal goods.” Interestingly, this NT term is used in reference to the initiative of one person who establishes the terms and provisions of the relationship, which is in keeping with unilateral OT covenants. Some OT dictionaries list the “covenant” root with the root for the word “to eat,” perhaps associating the covenant with a covenant meal.
If the concept of binding best represents the covenant terminology, then the covenant is something that binds parties together or obligates one party to the other. Although there are legal implications associated with covenant, the relational aspect of covenant should not be overlooked. A covenant is best understood as a relationship with related legalities. Marriage, for example, is a covenant that establishes and defines a relationship. This perhaps explains why God chose from the realm of relationships among humans the covenant metaphor to establish and communicate his intent in divine-human relationships. The concept of a covenant relationship between God and people is uniquely developed in the biblical material.
Some covenants are between persons of equal status (parity treaties); others are between a master and a servant (suzerainty treaties), between nations, between clans, and between a husband and a wife (Mal. 2:14). To “cut a covenant” at any level of society implies a solemn commitment to a relationship. Hittite treaties illustrate reports of covenant commitments that include a record of negotiations, formulations of terms, a statement that the act of covenant making actually happened, and a closure of negotiations with solemn ratification of the terms.
The most significant covenant relationship in the biblical material is the one between God and humankind. The uniqueness of Israel’s covenant relationship with Yahweh in contrast to all surrounding nations is established on the basis of Deut. 32:8–9. Although Yahweh gave the nations their inheritance, he selected Israel for his own personal care; he established a relationship with the nation independent of and prior to the nation’s association with his land. This was a unique application of the covenant that ran counter to the prevailing Semitic mind-set, which connected deities to specific geographic territories first and was concerned with the inhabitants of those areas only in a secondary sense. Individual OT believers celebrated their relationship with Yahweh and proclaimed him as the unrivaled universal God (Exod. 15; 1 Sam. 2; Isa. 40).
Other key terms. In addition to the “covenant” terminology word group, several other key terms fill out our understanding of this important concept.
“Oath” is a term used synonymously with “covenant” and functions at times to describe the making of a covenant. The oath emphasizes the liability and obligation associated in the relationship (Deut. 29:19). The oath can be taken by both parties (Gen. 26:28) or by just one party (Ezek. 17:13).
The word “testimony” refers to the contents of the two tablets of stone (Exod. 31:18) received by Moses from God at Mount Sinai. The Ark of the Covenant is also identified by the phrase “ark of the testimony” (Exod. 26:34; 30:6; 31:7 KJV, ESV). Testimony in the context of the covenant refers to the obligations placed upon the nation in covenant with Yahweh.
The term “word” can be understood in connection with covenant communication. The conquest of the land (a covenant promise) is viewed as a performance of the word of God (Deut. 9:5 KJV). The phrases “establish his covenant” (Deut. 8:18 KJV) and “perform his word” (Deut. 9:5 KJV) are parallel ideas within the overall concept of covenant. The sure “word of the Lord” to David in 2 Sam. 7:4 can be contrasted with worthless words of the nation used in making a covenant with God (Hos. 10:4).
Torah is a Hebrew term related to covenant. The terms berit and torah are found in parallel structure in Ps. 78:10. The binding arrangement between God and his people is ultimately based upon and regulated by the instructions of his word. The phrase “Book of the Law” (2 Kings 22:8) has the same covenant implications as the phrase “tablets of the Testimony” (Exod. 31:18 ESV, NASB). God indicted the priesthood for misguiding the people and causing them to stumble at the law (Mal. 2:5–8) and ultimately to be misguided in their relationship with him.
Khesed is another Hebrew term that is frequently used with relation to a covenant. Defined as “steadfast covenant loyalty,” it is also understood as grace, mercy, kindness, loving-kindness. Khesed is that characteristic of God which causes him to act consistently and faithfully regarding self-imposed obligations in covenant relationships despite the failure or success of the other party. The khesed of God will never cease (Lam. 3:19–21) because he keeps covenant and mercy (Deut. 7:9, 12). The loyalty of God to David is stated in 2 Sam. 7:14–15 and celebrated in Ps. 89:14, 24, 28, 33–34, 49. In contrast, the people are indicted for their lack of loyalty (Hos. 4:1).
Common phrases. The most common covenant-making phrase is “to cut a covenant.” Two possible practices lie behind this phrase. The first reflects a practice in Mesopotamia and Syria, cutting a covenant into a tablet with a stylus. This may be somewhat similar to what is found in Exod. 31:18, where it is said that the two tablets of stone were “inscribed by the finger of God.” The second practice behind this phrase is the cutting of sacrificial animals. The halving of animals was part of the covenant made with Abraham in Gen. 15:9–18. In a situation of covenant violation God tells Israel that he will treat them like the calf they cut in covenant making (Jer. 34:17–19). Covenant making is also described as establishing a covenant (2 Sam. 23:5), giving a covenant (Gen. 9:12), and erecting a covenant (Exod. 6:4).
Faithfulness and loyalty to a covenant are expressed by several phrases. “Keep a covenant” exhorts the covenant parties to watch, guard, exercise faithfulness to the terms of the relationship established (Exod. 34:7). “Observe a covenant” implies the demonstration of covenant fidelity in observing and doing (Gen. 17:9–10; Exod. 19:5; NIV: “keep my covenant”). God is obviously faithful in observing the covenant (Deut. 7:9–12). “Remember a covenant” conveys more than just a mental exercise, especially when God is the subject of the verbal action of remembering. When God remembers a covenant, he acts with resolve and intervention (Gen. 8:1; 19:29; 30:22; Exod. 2:24).
Covenant infidelity is expressed by the phrases “break the covenant” (Lev. 26:14–16; Jer. 11:10; 31:32; 33:20–21), “not faithful” (Ps. 78:37), “violate the covenant” (Deut. 17:2; Josh. 7:11, 15; 23:16), and “forsake the covenant” (Jer. 22:9; cf. Deut. 29:25; 1 Kings 19:10, 14).
The Covenant Genre
We now turn to the form, content, and function of a covenant, or the covenant genre. There is evidence of a common treaty form used by ancient Near Eastern peoples to govern relationships between nations and tribes. This evidence dates back to the third millennium BC and is derived from literary texts discovered in the ancient Near East. The most helpful contributions to this discussion come from the Hittites (1400–1200 BC), the Assyrians (800–600 BC), and the Babylonians. From this evidence, we are able to identify four ancient Near Eastern arrangements.
1. The intertribal treaty was a legal arrangement between tribes and clans for various purposes such as the purchase of land, trading, or peaceful coexistence. The arrangements made in this format were equally binding on both parties. A possible biblical example is the arrangement between Abraham and Abimelek in Gen. 21:22–34 or the arrangement between Abimelek and Isaac in Gen. 26:28.
2. The parity treaty was an arrangement made between kings and princes who were equal in each other’s eyes. This arrangement involved mutual participation, as illustrated in the economic relationship established between King Solomon and King Hiram of Tyre in 1 Kings 5:1–12.
3. The suzerainty treaty was established between two parties, one inferior and one superior. The distinctive emphasis of the treaty was on the superior party, the suzerain. In this arrangement the suzerain agrees to make certain provisions for the vassal. He agrees to defend the vassal in the case of attack, along with permitting the existence of the vassal nation. In addition, the suzerain has the right to take tribute from the vassal at any time. The vassal, for his part, agrees to a position of servanthood but not slavery. Vassals honor the suzerain with tribute and material goods.
There are six basic parts to the format of this treaty. Many scholars believe that the suzerainty treaty form has influenced the structure of the book of Deuteronomy.
(a) The treaty begins with the preamble that identifies the treaty’s author/originator (cf. Deut. 1:1–6a; 5:6a, 23–27).
(b) The second part is the prologue, which contains a review of the past relationship between the vassal and the suzerain constructed in an “I-Thou” format (cf. Deut. 1:6b–3:29; 2:7; 4:32–38). The purpose of this section is to review the previous acts of benevolence demonstrated by the suzerain toward the vassal. The faithfulness of the suzerain to the vassal would perhaps instill some measure of confidence for entrance into this relationship. In Hittite treaties there was often a grace ethic ideology that characterized the prologue and served as a basis of appeal for obedience. The Hittites demonstrated a measure of appreciation for conquered vassals and treated them with dignity by allowing them limited sovereignty. The Assyrians operated with a power ethic that motivated obedience by threatening dismemberment, torture, and even death. Yahweh appealed to Israel on the basis of the grace of redemption (Exod. 20:8–11; Deut. 5:12–15) and the privilege of revelation (Deut. 4:12; cf. Rom. 3:2).
(c) The stipulations are the third part of the treaty form. These are the expectations of the suzerain for the vassal (cf. Deut. 4:1–23; 6:4–7:2; 10:12–22; 12–26). The stipulations call for the vassal to be loyal in war, to loyally return political refugees, and to not murmur against the suzerain and his kingdom. The heart of the stipulation in Deuteronomy is the appeal to “love the Lord your God with all your heart and with all your soul and with all your strength” (6:5), one of the most important verses of the OT.
(d) The deposit and public reading of the treaty is the next division. This section instructs the vassal to place the treaty in his sanctuary and directs the vassal to publicly read the document from one to four times per year (cf. Deut. 10:1–5; 31:9–13). A regular reading was designed to keep the stipulations before the vassal in order to nurture respect for the suzerain.
(e) In the next part, a list of witnesses, usually gods, are called upon to observe the covenant and to punish any breach of it (cf. Deut. 30:19–20).
(f) The final part of the treaty is a section of blessing and curse. This section contains a list of potential rewards for faithfulness and terrifying possibilities of retribution for covenant violations (cf. Deut. 28–29).
4. The royal grant treaty, used in both biblical and secular literature, is somewhat similar to the suzerainty treaty. The distinctive difference is that the obligation of the grant is not on the vassal but rather on the suzerain to protect the rights of the vassal. In this format the curse is directed against any third party that would oppose the vassal or against the suzerain who would act unfaithfully against the vassal.
Covenants in the Bible
Types of covenants. The material on covenant form, content, and structure comes into play when attempts are made to interpret the major covenants recorded in the Bible (Noahic, Abrahamic, Mosaic, Davidic, and new). Initial discussions usually revolve around whether these covenants are conditional or unconditional. Although there is merit to this discussion, covenants should also be understood in light of which party is bearing the treaty obligation. As described above, the obligation of the suzerainty treaty is upon the vassal to fulfill the expectations of the suzerain. In the grant treaty the obligation is placed upon the suzerain to fulfill the treaty promises made to the vassal. There is a sense of conditionality and unconditionality in both treaty forms.
On this basis, the Mosaic covenant is most fittingly understood in light of the suzerainty treaty. This covenant made at Mount Sinai established Israel as a covenant nation. Yahweh never intended to create a relationship with Israel on the basis of this covenant. Rather, he chose this covenant form as the means to regulate his relationship with Israel, the nation that he had just graciously redeemed. The Mosaic covenant addressed every aspect of Israelite life. so that the prophetic charges against the nation’s transgressions were considered covenant violations.
The Abrahamic and Davidic covenants are more like a grant. In the Abrahamic covenant Yahweh is obligating himself to gift Israel with land, seed, and blessing (Gen. 12–17). The halving of animals in Gen. 15:9–20 resembles a covenant-cutting ceremony in which Yahweh, in the form of a smoking firepot, walks between the animals, obligating himself to the terms of the covenant. In the Davidic covenant (2 Sam. 7; Ps. 89), Yahweh obligates himself to provide David and his descendants a king and a kingdom. The new covenant is first referenced by Moses in Deut. 30:6 and then developed more extensively in Jer. 31:31–33 and Ezek. 36. Scholars debate the nature of this covenant and the promises associated with it. Some define it as a grant and speak of it in unconditional terms, while others view it as an administrative covenant. The new covenant anticipates a change in the heart of the vassal that ultimately facilitates keeping of the law. The OT Scriptures see this happening in connection with Israel’s occupation of the land at a future time.
Covenant leadership positions. In addition to the very specific covenant arrangements made by God in the OT defining and regulating the life and future of Israel, God established three key covenant leadership positions for the nation: prophet, priest, and king (Deut. 17–18). Their connection with the covenant is evident from the fact that their origin and function are detailed in the covenant book of Deuteronomy.
God provided a prophet (Deut. 18:9–22) for the nation so that it would not learn the abominations of the Canaanites and surrounding nations. God desired spiritual integrity for his people and established the prophet as his mouthpiece to speak what he commanded (Deut. 18:18–20). The prophet was to be an Israelite who fit a Moses-like pattern (Deut. 18:18–19). The writing and nonwriting prophets often called Israel back to covenant fidelity. They did this by using legal terminology to illustrate covenant violations, thus establishing covenant lawsuits against them. Isaiah 1 is a case made by God against the nation. In this lawsuit God functions as judge, jury, and lawyer.
The priest (Deut. 17:8–13; 18:1–8; 33:8–11) had a threefold function within the covenant community. He was a mediator of people before God and of God before people. This particular function of the priesthood was broad and encompassed much of its work. The priest was a teacher who sought from the Torah resolution to disagreements between parties (cf. Jer. 18:18). It is also worth noting that the teaching of the priest preceded sacrifice. Finally, he was a minister of sacrifice. The priest led Israel in worship and sacrifice, giving instruction concerning what was clean and unclean (Lev. 13–15).
The king was also a provision of the covenant (Deut. 17). Kingship was not a divine accommodation to the desire of Israel (1 Sam. 8) but rather a part of the overall covenant plan of God revealed to Abraham (Gen. 17:16). The promise of kingship was reiterated in Gen. 35:11; 49:10. The duty of the king involved administration of the kingdom on the basis of the word of God (Deut. 17:18–20; cf. Prov. 29:4, 14).
Covenant in the Old Testament. Covenant is a dominant theme that gives cohesiveness to the structure of the OT and distinguishes the history of Israel. The phrase “covenant history” can be used to describe the biblical literature that recounts the events and episodes of Israelite life. It is a macrogenre that characterizes the historical narratives of the OT. Although this large literary corpus of historical narrative shares a covenant perspective, the individual books within the narrative corpus are noted for the attention they give to various aspects of the covenant relationship. For example, Gen. 12–50 develops the covenant promises of seed and blessing through a number of subgenres such as genealogies and family stories. Joshua, on the other hand, engages several military subgenres to recount the tension between the promise of land occupation and the responsibility of Israel to occupy the land. Covenant history is a realistic presentation of the tensions associated with the covenant relationship between Yahweh and the nation of Israel.
Finally, the psalms have a direct covenant connection emphasizing covenant worship. Psalm 119 (esp. vv. 57–64) is filled with covenant terms that relate to God’s word (testimonies, laws, oath, judgments). Marching to the place of worship designated by the covenant is reflected in the Psalms of Ascent.
Covenant in the New Testament. Although the covenant theme is less pervasive in the NT, its christological significance is profound. The NT highlights the significant messianic role of Christ in relation to the covenants. Paul references the new covenant in both books of Corinthians (1 Cor. 11:25; 2 Cor. 3:6). Each celebration of the Lord’s Supper reminds us that the shed blood of Christ is the blood of the new covenant. The new covenant is cut in connection with or on the basis of his death, burial, and resurrection (1 Cor. 11:25). The writer of the book of Hebrews gives detailed attention to how the new covenant functions in contrast to the old Mosaic covenant. The writer explains that Jesus is the guarantor of a better covenant (7:22; 8:6–7). Finally, Paul indicates that we are now considered ministers of the new covenant ministry (2 Cor. 3:6).
Covenant is one of the most significant concepts in the biblical material that affects our understanding of God, his relationship with his people (past, present, and future), and the structure and message of his word. Since the covenant concept is not a unique biblical idea, comparative literature from the world of the Scriptures has enriched our understanding of the nature and the function of covenant. This article highlights the covenant concept and the genre of covenant and provides a brief overview of the major biblical covenants.
Terminology
Defining “covenant.” What is a covenant (Heb. berit)? Most dictionaries refer to it as a pact/compact or an agreement. Although there is some uncertainty regarding the etymology of berit, the two most commonly suggested etymological derivations are from the Akkadian burru, which refers to the establishment of a legal situation by a testimony with an oath, or the Akkadian bittu, often translated as “to bind, fetter.” The NT counterpart word is diathēkē, defined as a “legal disposition of personal goods.” Interestingly, this NT term is used in reference to the initiative of one person who establishes the terms and provisions of the relationship, which is in keeping with unilateral OT covenants. Some OT dictionaries list the “covenant” root with the root for the word “to eat,” perhaps associating the covenant with a covenant meal.
If the concept of binding best represents the covenant terminology, then the covenant is something that binds parties together or obligates one party to the other. Although there are legal implications associated with covenant, the relational aspect of covenant should not be overlooked. A covenant is best understood as a relationship with related legalities. Marriage, for example, is a covenant that establishes and defines a relationship. This perhaps explains why God chose from the realm of relationships among humans the covenant metaphor to establish and communicate his intent in divine-human relationships. The concept of a covenant relationship between God and people is uniquely developed in the biblical material.
Some covenants are between persons of equal status (parity treaties); others are between a master and a servant (suzerainty treaties), between nations, between clans, and between a husband and a wife (Mal. 2:14). To “cut a covenant” at any level of society implies a solemn commitment to a relationship. Hittite treaties illustrate reports of covenant commitments that include a record of negotiations, formulations of terms, a statement that the act of covenant making actually happened, and a closure of negotiations with solemn ratification of the terms.
The most significant covenant relationship in the biblical material is the one between God and humankind. The uniqueness of Israel’s covenant relationship with Yahweh in contrast to all surrounding nations is established on the basis of Deut. 32:8–9. Although Yahweh gave the nations their inheritance, he selected Israel for his own personal care; he established a relationship with the nation independent of and prior to the nation’s association with his land. This was a unique application of the covenant that ran counter to the prevailing Semitic mind-set, which connected deities to specific geographic territories first and was concerned with the inhabitants of those areas only in a secondary sense. Individual OT believers celebrated their relationship with Yahweh and proclaimed him as the unrivaled universal God (Exod. 15; 1 Sam. 2; Isa. 40).
Other key terms. In addition to the “covenant” terminology word group, several other key terms fill out our understanding of this important concept.
“Oath” is a term used synonymously with “covenant” and functions at times to describe the making of a covenant. The oath emphasizes the liability and obligation associated in the relationship (Deut. 29:19). The oath can be taken by both parties (Gen. 26:28) or by just one party (Ezek. 17:13).
The word “testimony” refers to the contents of the two tablets of stone (Exod. 31:18) received by Moses from God at Mount Sinai. The Ark of the Covenant is also identified by the phrase “ark of the testimony” (Exod. 26:34; 30:6; 31:7 KJV, ESV). Testimony in the context of the covenant refers to the obligations placed upon the nation in covenant with Yahweh.
The term “word” can be understood in connection with covenant communication. The conquest of the land (a covenant promise) is viewed as a performance of the word of God (Deut. 9:5 KJV). The phrases “establish his covenant” (Deut. 8:18 KJV) and “perform his word” (Deut. 9:5 KJV) are parallel ideas within the overall concept of covenant. The sure “word of the Lord” to David in 2 Sam. 7:4 can be contrasted with worthless words of the nation used in making a covenant with God (Hos. 10:4).
Torah is a Hebrew term related to covenant. The terms berit and torah are found in parallel structure in Ps. 78:10. The binding arrangement between God and his people is ultimately based upon and regulated by the instructions of his word. The phrase “Book of the Law” (2 Kings 22:8) has the same covenant implications as the phrase “tablets of the Testimony” (Exod. 31:18 ESV, NASB). God indicted the priesthood for misguiding the people and causing them to stumble at the law (Mal. 2:5–8) and ultimately to be misguided in their relationship with him.
Khesed is another Hebrew term that is frequently used with relation to a covenant. Defined as “steadfast covenant loyalty,” it is also understood as grace, mercy, kindness, loving-kindness. Khesed is that characteristic of God which causes him to act consistently and faithfully regarding self-imposed obligations in covenant relationships despite the failure or success of the other party. The khesed of God will never cease (Lam. 3:19–21) because he keeps covenant and mercy (Deut. 7:9, 12). The loyalty of God to David is stated in 2 Sam. 7:14–15 and celebrated in Ps. 89:14, 24, 28, 33–34, 49. In contrast, the people are indicted for their lack of loyalty (Hos. 4:1).
Common phrases. The most common covenant-making phrase is “to cut a covenant.” Two possible practices lie behind this phrase. The first reflects a practice in Mesopotamia and Syria, cutting a covenant into a tablet with a stylus. This may be somewhat similar to what is found in Exod. 31:18, where it is said that the two tablets of stone were “inscribed by the finger of God.” The second practice behind this phrase is the cutting of sacrificial animals. The halving of animals was part of the covenant made with Abraham in Gen. 15:9–18. In a situation of covenant violation God tells Israel that he will treat them like the calf they cut in covenant making (Jer. 34:17–19). Covenant making is also described as establishing a covenant (2 Sam. 23:5), giving a covenant (Gen. 9:12), and erecting a covenant (Exod. 6:4).
Faithfulness and loyalty to a covenant are expressed by several phrases. “Keep a covenant” exhorts the covenant parties to watch, guard, exercise faithfulness to the terms of the relationship established (Exod. 34:7). “Observe a covenant” implies the demonstration of covenant fidelity in observing and doing (Gen. 17:9–10; Exod. 19:5; NIV: “keep my covenant”). God is obviously faithful in observing the covenant (Deut. 7:9–12). “Remember a covenant” conveys more than just a mental exercise, especially when God is the subject of the verbal action of remembering. When God remembers a covenant, he acts with resolve and intervention (Gen. 8:1; 19:29; 30:22; Exod. 2:24).
Covenant infidelity is expressed by the phrases “break the covenant” (Lev. 26:14–16; Jer. 11:10; 31:32; 33:20–21), “not faithful” (Ps. 78:37), “violate the covenant” (Deut. 17:2; Josh. 7:11, 15; 23:16), and “forsake the covenant” (Jer. 22:9; cf. Deut. 29:25; 1 Kings 19:10, 14).
The Covenant Genre
We now turn to the form, content, and function of a covenant, or the covenant genre. There is evidence of a common treaty form used by ancient Near Eastern peoples to govern relationships between nations and tribes. This evidence dates back to the third millennium BC and is derived from literary texts discovered in the ancient Near East. The most helpful contributions to this discussion come from the Hittites (1400–1200 BC), the Assyrians (800–600 BC), and the Babylonians. From this evidence, we are able to identify four ancient Near Eastern arrangements.
1. The intertribal treaty was a legal arrangement between tribes and clans for various purposes such as the purchase of land, trading, or peaceful coexistence. The arrangements made in this format were equally binding on both parties. A possible biblical example is the arrangement between Abraham and Abimelek in Gen. 21:22–34 or the arrangement between Abimelek and Isaac in Gen. 26:28.
2. The parity treaty was an arrangement made between kings and princes who were equal in each other’s eyes. This arrangement involved mutual participation, as illustrated in the economic relationship established between King Solomon and King Hiram of Tyre in 1 Kings 5:1–12.
3. The suzerainty treaty was established between two parties, one inferior and one superior. The distinctive emphasis of the treaty was on the superior party, the suzerain. In this arrangement the suzerain agrees to make certain provisions for the vassal. He agrees to defend the vassal in the case of attack, along with permitting the existence of the vassal nation. In addition, the suzerain has the right to take tribute from the vassal at any time. The vassal, for his part, agrees to a position of servanthood but not slavery. Vassals honor the suzerain with tribute and material goods.
There are six basic parts to the format of this treaty. Many scholars believe that the suzerainty treaty form has influenced the structure of the book of Deuteronomy.
(a) The treaty begins with the preamble that identifies the treaty’s author/originator (cf. Deut. 1:1–6a; 5:6a, 23–27).
(b) The second part is the prologue, which contains a review of the past relationship between the vassal and the suzerain constructed in an “I-Thou” format (cf. Deut. 1:6b–3:29; 2:7; 4:32–38). The purpose of this section is to review the previous acts of benevolence demonstrated by the suzerain toward the vassal. The faithfulness of the suzerain to the vassal would perhaps instill some measure of confidence for entrance into this relationship. In Hittite treaties there was often a grace ethic ideology that characterized the prologue and served as a basis of appeal for obedience. The Hittites demonstrated a measure of appreciation for conquered vassals and treated them with dignity by allowing them limited sovereignty. The Assyrians operated with a power ethic that motivated obedience by threatening dismemberment, torture, and even death. Yahweh appealed to Israel on the basis of the grace of redemption (Exod. 20:8–11; Deut. 5:12–15) and the privilege of revelation (Deut. 4:12; cf. Rom. 3:2).
(c) The stipulations are the third part of the treaty form. These are the expectations of the suzerain for the vassal (cf. Deut. 4:1–23; 6:4–7:2; 10:12–22; 12–26). The stipulations call for the vassal to be loyal in war, to loyally return political refugees, and to not murmur against the suzerain and his kingdom. The heart of the stipulation in Deuteronomy is the appeal to “love the Lord your God with all your heart and with all your soul and with all your strength” (6:5), one of the most important verses of the OT.
(d) The deposit and public reading of the treaty is the next division. This section instructs the vassal to place the treaty in his sanctuary and directs the vassal to publicly read the document from one to four times per year (cf. Deut. 10:1–5; 31:9–13). A regular reading was designed to keep the stipulations before the vassal in order to nurture respect for the suzerain.
(e) In the next part, a list of witnesses, usually gods, are called upon to observe the covenant and to punish any breach of it (cf. Deut. 30:19–20).
(f) The final part of the treaty is a section of blessing and curse. This section contains a list of potential rewards for faithfulness and terrifying possibilities of retribution for covenant violations (cf. Deut. 28–29).
4. The royal grant treaty, used in both biblical and secular literature, is somewhat similar to the suzerainty treaty. The distinctive difference is that the obligation of the grant is not on the vassal but rather on the suzerain to protect the rights of the vassal. In this format the curse is directed against any third party that would oppose the vassal or against the suzerain who would act unfaithfully against the vassal.
Covenants in the Bible
Types of covenants. The material on covenant form, content, and structure comes into play when attempts are made to interpret the major covenants recorded in the Bible (Noahic, Abrahamic, Mosaic, Davidic, and new). Initial discussions usually revolve around whether these covenants are conditional or unconditional. Although there is merit to this discussion, covenants should also be understood in light of which party is bearing the treaty obligation. As described above, the obligation of the suzerainty treaty is upon the vassal to fulfill the expectations of the suzerain. In the grant treaty the obligation is placed upon the suzerain to fulfill the treaty promises made to the vassal. There is a sense of conditionality and unconditionality in both treaty forms.
On this basis, the Mosaic covenant is most fittingly understood in light of the suzerainty treaty. This covenant made at Mount Sinai established Israel as a covenant nation. Yahweh never intended to create a relationship with Israel on the basis of this covenant. Rather, he chose this covenant form as the means to regulate his relationship with Israel, the nation that he had just graciously redeemed. The Mosaic covenant addressed every aspect of Israelite life. so that the prophetic charges against the nation’s transgressions were considered covenant violations.
The Abrahamic and Davidic covenants are more like a grant. In the Abrahamic covenant Yahweh is obligating himself to gift Israel with land, seed, and blessing (Gen. 12–17). The halving of animals in Gen. 15:9–20 resembles a covenant-cutting ceremony in which Yahweh, in the form of a smoking firepot, walks between the animals, obligating himself to the terms of the covenant. In the Davidic covenant (2 Sam. 7; Ps. 89), Yahweh obligates himself to provide David and his descendants a king and a kingdom. The new covenant is first referenced by Moses in Deut. 30:6 and then developed more extensively in Jer. 31:31–33 and Ezek. 36. Scholars debate the nature of this covenant and the promises associated with it. Some define it as a grant and speak of it in unconditional terms, while others view it as an administrative covenant. The new covenant anticipates a change in the heart of the vassal that ultimately facilitates keeping of the law. The OT Scriptures see this happening in connection with Israel’s occupation of the land at a future time.
Covenant leadership positions. In addition to the very specific covenant arrangements made by God in the OT defining and regulating the life and future of Israel, God established three key covenant leadership positions for the nation: prophet, priest, and king (Deut. 17–18). Their connection with the covenant is evident from the fact that their origin and function are detailed in the covenant book of Deuteronomy.
God provided a prophet (Deut. 18:9–22) for the nation so that it would not learn the abominations of the Canaanites and surrounding nations. God desired spiritual integrity for his people and established the prophet as his mouthpiece to speak what he commanded (Deut. 18:18–20). The prophet was to be an Israelite who fit a Moses-like pattern (Deut. 18:18–19). The writing and nonwriting prophets often called Israel back to covenant fidelity. They did this by using legal terminology to illustrate covenant violations, thus establishing covenant lawsuits against them. Isaiah 1 is a case made by God against the nation. In this lawsuit God functions as judge, jury, and lawyer.
The priest (Deut. 17:8–13; 18:1–8; 33:8–11) had a threefold function within the covenant community. He was a mediator of people before God and of God before people. This particular function of the priesthood was broad and encompassed much of its work. The priest was a teacher who sought from the Torah resolution to disagreements between parties (cf. Jer. 18:18). It is also worth noting that the teaching of the priest preceded sacrifice. Finally, he was a minister of sacrifice. The priest led Israel in worship and sacrifice, giving instruction concerning what was clean and unclean (Lev. 13–15).
The king was also a provision of the covenant (Deut. 17). Kingship was not a divine accommodation to the desire of Israel (1 Sam. 8) but rather a part of the overall covenant plan of God revealed to Abraham (Gen. 17:16). The promise of kingship was reiterated in Gen. 35:11; 49:10. The duty of the king involved administration of the kingdom on the basis of the word of God (Deut. 17:18–20; cf. Prov. 29:4, 14).
Covenant in the Old Testament. Covenant is a dominant theme that gives cohesiveness to the structure of the OT and distinguishes the history of Israel. The phrase “covenant history” can be used to describe the biblical literature that recounts the events and episodes of Israelite life. It is a macrogenre that characterizes the historical narratives of the OT. Although this large literary corpus of historical narrative shares a covenant perspective, the individual books within the narrative corpus are noted for the attention they give to various aspects of the covenant relationship. For example, Gen. 12–50 develops the covenant promises of seed and blessing through a number of subgenres such as genealogies and family stories. Joshua, on the other hand, engages several military subgenres to recount the tension between the promise of land occupation and the responsibility of Israel to occupy the land. Covenant history is a realistic presentation of the tensions associated with the covenant relationship between Yahweh and the nation of Israel.
Finally, the psalms have a direct covenant connection emphasizing covenant worship. Psalm 119 (esp. vv. 57–64) is filled with covenant terms that relate to God’s word (testimonies, laws, oath, judgments). Marching to the place of worship designated by the covenant is reflected in the Psalms of Ascent.
Covenant in the New Testament. Although the covenant theme is less pervasive in the NT, its christological significance is profound. The NT highlights the significant messianic role of Christ in relation to the covenants. Paul references the new covenant in both books of Corinthians (1 Cor. 11:25; 2 Cor. 3:6). Each celebration of the Lord’s Supper reminds us that the shed blood of Christ is the blood of the new covenant. The new covenant is cut in connection with or on the basis of his death, burial, and resurrection (1 Cor. 11:25). The writer of the book of Hebrews gives detailed attention to how the new covenant functions in contrast to the old Mosaic covenant. The writer explains that Jesus is the guarantor of a better covenant (7:22; 8:6–7). Finally, Paul indicates that we are now considered ministers of the new covenant ministry (2 Cor. 3:6).
Covenant is one of the most significant concepts in the biblical material that affects our understanding of God, his relationship with his people (past, present, and future), and the structure and message of his word. Since the covenant concept is not a unique biblical idea, comparative literature from the world of the Scriptures has enriched our understanding of the nature and the function of covenant. This article highlights the covenant concept and the genre of covenant and provides a brief overview of the major biblical covenants.
Terminology
Defining “covenant.” What is a covenant (Heb. berit)? Most dictionaries refer to it as a pact/compact or an agreement. Although there is some uncertainty regarding the etymology of berit, the two most commonly suggested etymological derivations are from the Akkadian burru, which refers to the establishment of a legal situation by a testimony with an oath, or the Akkadian bittu, often translated as “to bind, fetter.” The NT counterpart word is diathēkē, defined as a “legal disposition of personal goods.” Interestingly, this NT term is used in reference to the initiative of one person who establishes the terms and provisions of the relationship, which is in keeping with unilateral OT covenants. Some OT dictionaries list the “covenant” root with the root for the word “to eat,” perhaps associating the covenant with a covenant meal.
If the concept of binding best represents the covenant terminology, then the covenant is something that binds parties together or obligates one party to the other. Although there are legal implications associated with covenant, the relational aspect of covenant should not be overlooked. A covenant is best understood as a relationship with related legalities. Marriage, for example, is a covenant that establishes and defines a relationship. This perhaps explains why God chose from the realm of relationships among humans the covenant metaphor to establish and communicate his intent in divine-human relationships. The concept of a covenant relationship between God and people is uniquely developed in the biblical material.
Some covenants are between persons of equal status (parity treaties); others are between a master and a servant (suzerainty treaties), between nations, between clans, and between a husband and a wife (Mal. 2:14). To “cut a covenant” at any level of society implies a solemn commitment to a relationship. Hittite treaties illustrate reports of covenant commitments that include a record of negotiations, formulations of terms, a statement that the act of covenant making actually happened, and a closure of negotiations with solemn ratification of the terms.
The most significant covenant relationship in the biblical material is the one between God and humankind. The uniqueness of Israel’s covenant relationship with Yahweh in contrast to all surrounding nations is established on the basis of Deut. 32:8–9. Although Yahweh gave the nations their inheritance, he selected Israel for his own personal care; he established a relationship with the nation independent of and prior to the nation’s association with his land. This was a unique application of the covenant that ran counter to the prevailing Semitic mind-set, which connected deities to specific geographic territories first and was concerned with the inhabitants of those areas only in a secondary sense. Individual OT believers celebrated their relationship with Yahweh and proclaimed him as the unrivaled universal God (Exod. 15; 1 Sam. 2; Isa. 40).
Other key terms. In addition to the “covenant” terminology word group, several other key terms fill out our understanding of this important concept.
“Oath” is a term used synonymously with “covenant” and functions at times to describe the making of a covenant. The oath emphasizes the liability and obligation associated in the relationship (Deut. 29:19). The oath can be taken by both parties (Gen. 26:28) or by just one party (Ezek. 17:13).
The word “testimony” refers to the contents of the two tablets of stone (Exod. 31:18) received by Moses from God at Mount Sinai. The Ark of the Covenant is also identified by the phrase “ark of the testimony” (Exod. 26:34; 30:6; 31:7 KJV, ESV). Testimony in the context of the covenant refers to the obligations placed upon the nation in covenant with Yahweh.
The term “word” can be understood in connection with covenant communication. The conquest of the land (a covenant promise) is viewed as a performance of the word of God (Deut. 9:5 KJV). The phrases “establish his covenant” (Deut. 8:18 KJV) and “perform his word” (Deut. 9:5 KJV) are parallel ideas within the overall concept of covenant. The sure “word of the Lord” to David in 2 Sam. 7:4 can be contrasted with worthless words of the nation used in making a covenant with God (Hos. 10:4).
Torah is a Hebrew term related to covenant. The terms berit and torah are found in parallel structure in Ps. 78:10. The binding arrangement between God and his people is ultimately based upon and regulated by the instructions of his word. The phrase “Book of the Law” (2 Kings 22:8) has the same covenant implications as the phrase “tablets of the Testimony” (Exod. 31:18 ESV, NASB). God indicted the priesthood for misguiding the people and causing them to stumble at the law (Mal. 2:5–8) and ultimately to be misguided in their relationship with him.
Khesed is another Hebrew term that is frequently used with relation to a covenant. Defined as “steadfast covenant loyalty,” it is also understood as grace, mercy, kindness, loving-kindness. Khesed is that characteristic of God which causes him to act consistently and faithfully regarding self-imposed obligations in covenant relationships despite the failure or success of the other party. The khesed of God will never cease (Lam. 3:19–21) because he keeps covenant and mercy (Deut. 7:9, 12). The loyalty of God to David is stated in 2 Sam. 7:14–15 and celebrated in Ps. 89:14, 24, 28, 33–34, 49. In contrast, the people are indicted for their lack of loyalty (Hos. 4:1).
Common phrases. The most common covenant-making phrase is “to cut a covenant.” Two possible practices lie behind this phrase. The first reflects a practice in Mesopotamia and Syria, cutting a covenant into a tablet with a stylus. This may be somewhat similar to what is found in Exod. 31:18, where it is said that the two tablets of stone were “inscribed by the finger of God.” The second practice behind this phrase is the cutting of sacrificial animals. The halving of animals was part of the covenant made with Abraham in Gen. 15:9–18. In a situation of covenant violation God tells Israel that he will treat them like the calf they cut in covenant making (Jer. 34:17–19). Covenant making is also described as establishing a covenant (2 Sam. 23:5), giving a covenant (Gen. 9:12), and erecting a covenant (Exod. 6:4).
Faithfulness and loyalty to a covenant are expressed by several phrases. “Keep a covenant” exhorts the covenant parties to watch, guard, exercise faithfulness to the terms of the relationship established (Exod. 34:7). “Observe a covenant” implies the demonstration of covenant fidelity in observing and doing (Gen. 17:9–10; Exod. 19:5; NIV: “keep my covenant”). God is obviously faithful in observing the covenant (Deut. 7:9–12). “Remember a covenant” conveys more than just a mental exercise, especially when God is the subject of the verbal action of remembering. When God remembers a covenant, he acts with resolve and intervention (Gen. 8:1; 19:29; 30:22; Exod. 2:24).
Covenant infidelity is expressed by the phrases “break the covenant” (Lev. 26:14–16; Jer. 11:10; 31:32; 33:20–21), “not faithful” (Ps. 78:37), “violate the covenant” (Deut. 17:2; Josh. 7:11, 15; 23:16), and “forsake the covenant” (Jer. 22:9; cf. Deut. 29:25; 1 Kings 19:10, 14).
The Covenant Genre
We now turn to the form, content, and function of a covenant, or the covenant genre. There is evidence of a common treaty form used by ancient Near Eastern peoples to govern relationships between nations and tribes. This evidence dates back to the third millennium BC and is derived from literary texts discovered in the ancient Near East. The most helpful contributions to this discussion come from the Hittites (1400–1200 BC), the Assyrians (800–600 BC), and the Babylonians. From this evidence, we are able to identify four ancient Near Eastern arrangements.
1. The intertribal treaty was a legal arrangement between tribes and clans for various purposes such as the purchase of land, trading, or peaceful coexistence. The arrangements made in this format were equally binding on both parties. A possible biblical example is the arrangement between Abraham and Abimelek in Gen. 21:22–34 or the arrangement between Abimelek and Isaac in Gen. 26:28.
2. The parity treaty was an arrangement made between kings and princes who were equal in each other’s eyes. This arrangement involved mutual participation, as illustrated in the economic relationship established between King Solomon and King Hiram of Tyre in 1 Kings 5:1–12.
3. The suzerainty treaty was established between two parties, one inferior and one superior. The distinctive emphasis of the treaty was on the superior party, the suzerain. In this arrangement the suzerain agrees to make certain provisions for the vassal. He agrees to defend the vassal in the case of attack, along with permitting the existence of the vassal nation. In addition, the suzerain has the right to take tribute from the vassal at any time. The vassal, for his part, agrees to a position of servanthood but not slavery. Vassals honor the suzerain with tribute and material goods.
There are six basic parts to the format of this treaty. Many scholars believe that the suzerainty treaty form has influenced the structure of the book of Deuteronomy.
(a) The treaty begins with the preamble that identifies the treaty’s author/originator (cf. Deut. 1:1–6a; 5:6a, 23–27).
(b) The second part is the prologue, which contains a review of the past relationship between the vassal and the suzerain constructed in an “I-Thou” format (cf. Deut. 1:6b–3:29; 2:7; 4:32–38). The purpose of this section is to review the previous acts of benevolence demonstrated by the suzerain toward the vassal. The faithfulness of the suzerain to the vassal would perhaps instill some measure of confidence for entrance into this relationship. In Hittite treaties there was often a grace ethic ideology that characterized the prologue and served as a basis of appeal for obedience. The Hittites demonstrated a measure of appreciation for conquered vassals and treated them with dignity by allowing them limited sovereignty. The Assyrians operated with a power ethic that motivated obedience by threatening dismemberment, torture, and even death. Yahweh appealed to Israel on the basis of the grace of redemption (Exod. 20:8–11; Deut. 5:12–15) and the privilege of revelation (Deut. 4:12; cf. Rom. 3:2).
(c) The stipulations are the third part of the treaty form. These are the expectations of the suzerain for the vassal (cf. Deut. 4:1–23; 6:4–7:2; 10:12–22; 12–26). The stipulations call for the vassal to be loyal in war, to loyally return political refugees, and to not murmur against the suzerain and his kingdom. The heart of the stipulation in Deuteronomy is the appeal to “love the Lord your God with all your heart and with all your soul and with all your strength” (6:5), one of the most important verses of the OT.
(d) The deposit and public reading of the treaty is the next division. This section instructs the vassal to place the treaty in his sanctuary and directs the vassal to publicly read the document from one to four times per year (cf. Deut. 10:1–5; 31:9–13). A regular reading was designed to keep the stipulations before the vassal in order to nurture respect for the suzerain.
(e) In the next part, a list of witnesses, usually gods, are called upon to observe the covenant and to punish any breach of it (cf. Deut. 30:19–20).
(f) The final part of the treaty is a section of blessing and curse. This section contains a list of potential rewards for faithfulness and terrifying possibilities of retribution for covenant violations (cf. Deut. 28–29).
4. The royal grant treaty, used in both biblical and secular literature, is somewhat similar to the suzerainty treaty. The distinctive difference is that the obligation of the grant is not on the vassal but rather on the suzerain to protect the rights of the vassal. In this format the curse is directed against any third party that would oppose the vassal or against the suzerain who would act unfaithfully against the vassal.
Covenants in the Bible
Types of covenants. The material on covenant form, content, and structure comes into play when attempts are made to interpret the major covenants recorded in the Bible (Noahic, Abrahamic, Mosaic, Davidic, and new). Initial discussions usually revolve around whether these covenants are conditional or unconditional. Although there is merit to this discussion, covenants should also be understood in light of which party is bearing the treaty obligation. As described above, the obligation of the suzerainty treaty is upon the vassal to fulfill the expectations of the suzerain. In the grant treaty the obligation is placed upon the suzerain to fulfill the treaty promises made to the vassal. There is a sense of conditionality and unconditionality in both treaty forms.
On this basis, the Mosaic covenant is most fittingly understood in light of the suzerainty treaty. This covenant made at Mount Sinai established Israel as a covenant nation. Yahweh never intended to create a relationship with Israel on the basis of this covenant. Rather, he chose this covenant form as the means to regulate his relationship with Israel, the nation that he had just graciously redeemed. The Mosaic covenant addressed every aspect of Israelite life. so that the prophetic charges against the nation’s transgressions were considered covenant violations.
The Abrahamic and Davidic covenants are more like a grant. In the Abrahamic covenant Yahweh is obligating himself to gift Israel with land, seed, and blessing (Gen. 12–17). The halving of animals in Gen. 15:9–20 resembles a covenant-cutting ceremony in which Yahweh, in the form of a smoking firepot, walks between the animals, obligating himself to the terms of the covenant. In the Davidic covenant (2 Sam. 7; Ps. 89), Yahweh obligates himself to provide David and his descendants a king and a kingdom. The new covenant is first referenced by Moses in Deut. 30:6 and then developed more extensively in Jer. 31:31–33 and Ezek. 36. Scholars debate the nature of this covenant and the promises associated with it. Some define it as a grant and speak of it in unconditional terms, while others view it as an administrative covenant. The new covenant anticipates a change in the heart of the vassal that ultimately facilitates keeping of the law. The OT Scriptures see this happening in connection with Israel’s occupation of the land at a future time.
Covenant leadership positions. In addition to the very specific covenant arrangements made by God in the OT defining and regulating the life and future of Israel, God established three key covenant leadership positions for the nation: prophet, priest, and king (Deut. 17–18). Their connection with the covenant is evident from the fact that their origin and function are detailed in the covenant book of Deuteronomy.
God provided a prophet (Deut. 18:9–22) for the nation so that it would not learn the abominations of the Canaanites and surrounding nations. God desired spiritual integrity for his people and established the prophet as his mouthpiece to speak what he commanded (Deut. 18:18–20). The prophet was to be an Israelite who fit a Moses-like pattern (Deut. 18:18–19). The writing and nonwriting prophets often called Israel back to covenant fidelity. They did this by using legal terminology to illustrate covenant violations, thus establishing covenant lawsuits against them. Isaiah 1 is a case made by God against the nation. In this lawsuit God functions as judge, jury, and lawyer.
The priest (Deut. 17:8–13; 18:1–8; 33:8–11) had a threefold function within the covenant community. He was a mediator of people before God and of God before people. This particular function of the priesthood was broad and encompassed much of its work. The priest was a teacher who sought from the Torah resolution to disagreements between parties (cf. Jer. 18:18). It is also worth noting that the teaching of the priest preceded sacrifice. Finally, he was a minister of sacrifice. The priest led Israel in worship and sacrifice, giving instruction concerning what was clean and unclean (Lev. 13–15).
The king was also a provision of the covenant (Deut. 17). Kingship was not a divine accommodation to the desire of Israel (1 Sam. 8) but rather a part of the overall covenant plan of God revealed to Abraham (Gen. 17:16). The promise of kingship was reiterated in Gen. 35:11; 49:10. The duty of the king involved administration of the kingdom on the basis of the word of God (Deut. 17:18–20; cf. Prov. 29:4, 14).
Covenant in the Old Testament. Covenant is a dominant theme that gives cohesiveness to the structure of the OT and distinguishes the history of Israel. The phrase “covenant history” can be used to describe the biblical literature that recounts the events and episodes of Israelite life. It is a macrogenre that characterizes the historical narratives of the OT. Although this large literary corpus of historical narrative shares a covenant perspective, the individual books within the narrative corpus are noted for the attention they give to various aspects of the covenant relationship. For example, Gen. 12–50 develops the covenant promises of seed and blessing through a number of subgenres such as genealogies and family stories. Joshua, on the other hand, engages several military subgenres to recount the tension between the promise of land occupation and the responsibility of Israel to occupy the land. Covenant history is a realistic presentation of the tensions associated with the covenant relationship between Yahweh and the nation of Israel.
Finally, the psalms have a direct covenant connection emphasizing covenant worship. Psalm 119 (esp. vv. 57–64) is filled with covenant terms that relate to God’s word (testimonies, laws, oath, judgments). Marching to the place of worship designated by the covenant is reflected in the Psalms of Ascent.
Covenant in the New Testament. Although the covenant theme is less pervasive in the NT, its christological significance is profound. The NT highlights the significant messianic role of Christ in relation to the covenants. Paul references the new covenant in both books of Corinthians (1 Cor. 11:25; 2 Cor. 3:6). Each celebration of the Lord’s Supper reminds us that the shed blood of Christ is the blood of the new covenant. The new covenant is cut in connection with or on the basis of his death, burial, and resurrection (1 Cor. 11:25). The writer of the book of Hebrews gives detailed attention to how the new covenant functions in contrast to the old Mosaic covenant. The writer explains that Jesus is the guarantor of a better covenant (7:22; 8:6–7). Finally, Paul indicates that we are now considered ministers of the new covenant ministry (2 Cor. 3:6).
Covenant is one of the most significant concepts in the biblical material that affects our understanding of God, his relationship with his people (past, present, and future), and the structure and message of his word. Since the covenant concept is not a unique biblical idea, comparative literature from the world of the Scriptures has enriched our understanding of the nature and the function of covenant. This article highlights the covenant concept and the genre of covenant and provides a brief overview of the major biblical covenants.
Terminology
Defining “covenant.” What is a covenant (Heb. berit)? Most dictionaries refer to it as a pact/compact or an agreement. Although there is some uncertainty regarding the etymology of berit, the two most commonly suggested etymological derivations are from the Akkadian burru, which refers to the establishment of a legal situation by a testimony with an oath, or the Akkadian bittu, often translated as “to bind, fetter.” The NT counterpart word is diathēkē, defined as a “legal disposition of personal goods.” Interestingly, this NT term is used in reference to the initiative of one person who establishes the terms and provisions of the relationship, which is in keeping with unilateral OT covenants. Some OT dictionaries list the “covenant” root with the root for the word “to eat,” perhaps associating the covenant with a covenant meal.
If the concept of binding best represents the covenant terminology, then the covenant is something that binds parties together or obligates one party to the other. Although there are legal implications associated with covenant, the relational aspect of covenant should not be overlooked. A covenant is best understood as a relationship with related legalities. Marriage, for example, is a covenant that establishes and defines a relationship. This perhaps explains why God chose from the realm of relationships among humans the covenant metaphor to establish and communicate his intent in divine-human relationships. The concept of a covenant relationship between God and people is uniquely developed in the biblical material.
Some covenants are between persons of equal status (parity treaties); others are between a master and a servant (suzerainty treaties), between nations, between clans, and between a husband and a wife (Mal. 2:14). To “cut a covenant” at any level of society implies a solemn commitment to a relationship. Hittite treaties illustrate reports of covenant commitments that include a record of negotiations, formulations of terms, a statement that the act of covenant making actually happened, and a closure of negotiations with solemn ratification of the terms.
The most significant covenant relationship in the biblical material is the one between God and humankind. The uniqueness of Israel’s covenant relationship with Yahweh in contrast to all surrounding nations is established on the basis of Deut. 32:8–9. Although Yahweh gave the nations their inheritance, he selected Israel for his own personal care; he established a relationship with the nation independent of and prior to the nation’s association with his land. This was a unique application of the covenant that ran counter to the prevailing Semitic mind-set, which connected deities to specific geographic territories first and was concerned with the inhabitants of those areas only in a secondary sense. Individual OT believers celebrated their relationship with Yahweh and proclaimed him as the unrivaled universal God (Exod. 15; 1 Sam. 2; Isa. 40).
Other key terms. In addition to the “covenant” terminology word group, several other key terms fill out our understanding of this important concept.
“Oath” is a term used synonymously with “covenant” and functions at times to describe the making of a covenant. The oath emphasizes the liability and obligation associated in the relationship (Deut. 29:19). The oath can be taken by both parties (Gen. 26:28) or by just one party (Ezek. 17:13).
The word “testimony” refers to the contents of the two tablets of stone (Exod. 31:18) received by Moses from God at Mount Sinai. The Ark of the Covenant is also identified by the phrase “ark of the testimony” (Exod. 26:34; 30:6; 31:7 KJV, ESV). Testimony in the context of the covenant refers to the obligations placed upon the nation in covenant with Yahweh.
The term “word” can be understood in connection with covenant communication. The conquest of the land (a covenant promise) is viewed as a performance of the word of God (Deut. 9:5 KJV). The phrases “establish his covenant” (Deut. 8:18 KJV) and “perform his word” (Deut. 9:5 KJV) are parallel ideas within the overall concept of covenant. The sure “word of the Lord” to David in 2 Sam. 7:4 can be contrasted with worthless words of the nation used in making a covenant with God (Hos. 10:4).
Torah is a Hebrew term related to covenant. The terms berit and torah are found in parallel structure in Ps. 78:10. The binding arrangement between God and his people is ultimately based upon and regulated by the instructions of his word. The phrase “Book of the Law” (2 Kings 22:8) has the same covenant implications as the phrase “tablets of the Testimony” (Exod. 31:18 ESV, NASB). God indicted the priesthood for misguiding the people and causing them to stumble at the law (Mal. 2:5–8) and ultimately to be misguided in their relationship with him.
Khesed is another Hebrew term that is frequently used with relation to a covenant. Defined as “steadfast covenant loyalty,” it is also understood as grace, mercy, kindness, loving-kindness. Khesed is that characteristic of God which causes him to act consistently and faithfully regarding self-imposed obligations in covenant relationships despite the failure or success of the other party. The khesed of God will never cease (Lam. 3:19–21) because he keeps covenant and mercy (Deut. 7:9, 12). The loyalty of God to David is stated in 2 Sam. 7:14–15 and celebrated in Ps. 89:14, 24, 28, 33–34, 49. In contrast, the people are indicted for their lack of loyalty (Hos. 4:1).
Common phrases. The most common covenant-making phrase is “to cut a covenant.” Two possible practices lie behind this phrase. The first reflects a practice in Mesopotamia and Syria, cutting a covenant into a tablet with a stylus. This may be somewhat similar to what is found in Exod. 31:18, where it is said that the two tablets of stone were “inscribed by the finger of God.” The second practice behind this phrase is the cutting of sacrificial animals. The halving of animals was part of the covenant made with Abraham in Gen. 15:9–18. In a situation of covenant violation God tells Israel that he will treat them like the calf they cut in covenant making (Jer. 34:17–19). Covenant making is also described as establishing a covenant (2 Sam. 23:5), giving a covenant (Gen. 9:12), and erecting a covenant (Exod. 6:4).
Faithfulness and loyalty to a covenant are expressed by several phrases. “Keep a covenant” exhorts the covenant parties to watch, guard, exercise faithfulness to the terms of the relationship established (Exod. 34:7). “Observe a covenant” implies the demonstration of covenant fidelity in observing and doing (Gen. 17:9–10; Exod. 19:5; NIV: “keep my covenant”). God is obviously faithful in observing the covenant (Deut. 7:9–12). “Remember a covenant” conveys more than just a mental exercise, especially when God is the subject of the verbal action of remembering. When God remembers a covenant, he acts with resolve and intervention (Gen. 8:1; 19:29; 30:22; Exod. 2:24).
Covenant infidelity is expressed by the phrases “break the covenant” (Lev. 26:14–16; Jer. 11:10; 31:32; 33:20–21), “not faithful” (Ps. 78:37), “violate the covenant” (Deut. 17:2; Josh. 7:11, 15; 23:16), and “forsake the covenant” (Jer. 22:9; cf. Deut. 29:25; 1 Kings 19:10, 14).
The Covenant Genre
We now turn to the form, content, and function of a covenant, or the covenant genre. There is evidence of a common treaty form used by ancient Near Eastern peoples to govern relationships between nations and tribes. This evidence dates back to the third millennium BC and is derived from literary texts discovered in the ancient Near East. The most helpful contributions to this discussion come from the Hittites (1400–1200 BC), the Assyrians (800–600 BC), and the Babylonians. From this evidence, we are able to identify four ancient Near Eastern arrangements.
1. The intertribal treaty was a legal arrangement between tribes and clans for various purposes such as the purchase of land, trading, or peaceful coexistence. The arrangements made in this format were equally binding on both parties. A possible biblical example is the arrangement between Abraham and Abimelek in Gen. 21:22–34 or the arrangement between Abimelek and Isaac in Gen. 26:28.
2. The parity treaty was an arrangement made between kings and princes who were equal in each other’s eyes. This arrangement involved mutual participation, as illustrated in the economic relationship established between King Solomon and King Hiram of Tyre in 1 Kings 5:1–12.
3. The suzerainty treaty was established between two parties, one inferior and one superior. The distinctive emphasis of the treaty was on the superior party, the suzerain. In this arrangement the suzerain agrees to make certain provisions for the vassal. He agrees to defend the vassal in the case of attack, along with permitting the existence of the vassal nation. In addition, the suzerain has the right to take tribute from the vassal at any time. The vassal, for his part, agrees to a position of servanthood but not slavery. Vassals honor the suzerain with tribute and material goods.
There are six basic parts to the format of this treaty. Many scholars believe that the suzerainty treaty form has influenced the structure of the book of Deuteronomy.
(a) The treaty begins with the preamble that identifies the treaty’s author/originator (cf. Deut. 1:1–6a; 5:6a, 23–27).
(b) The second part is the prologue, which contains a review of the past relationship between the vassal and the suzerain constructed in an “I-Thou” format (cf. Deut. 1:6b–3:29; 2:7; 4:32–38). The purpose of this section is to review the previous acts of benevolence demonstrated by the suzerain toward the vassal. The faithfulness of the suzerain to the vassal would perhaps instill some measure of confidence for entrance into this relationship. In Hittite treaties there was often a grace ethic ideology that characterized the prologue and served as a basis of appeal for obedience. The Hittites demonstrated a measure of appreciation for conquered vassals and treated them with dignity by allowing them limited sovereignty. The Assyrians operated with a power ethic that motivated obedience by threatening dismemberment, torture, and even death. Yahweh appealed to Israel on the basis of the grace of redemption (Exod. 20:8–11; Deut. 5:12–15) and the privilege of revelation (Deut. 4:12; cf. Rom. 3:2).
(c) The stipulations are the third part of the treaty form. These are the expectations of the suzerain for the vassal (cf. Deut. 4:1–23; 6:4–7:2; 10:12–22; 12–26). The stipulations call for the vassal to be loyal in war, to loyally return political refugees, and to not murmur against the suzerain and his kingdom. The heart of the stipulation in Deuteronomy is the appeal to “love the Lord your God with all your heart and with all your soul and with all your strength” (6:5), one of the most important verses of the OT.
(d) The deposit and public reading of the treaty is the next division. This section instructs the vassal to place the treaty in his sanctuary and directs the vassal to publicly read the document from one to four times per year (cf. Deut. 10:1–5; 31:9–13). A regular reading was designed to keep the stipulations before the vassal in order to nurture respect for the suzerain.
(e) In the next part, a list of witnesses, usually gods, are called upon to observe the covenant and to punish any breach of it (cf. Deut. 30:19–20).
(f) The final part of the treaty is a section of blessing and curse. This section contains a list of potential rewards for faithfulness and terrifying possibilities of retribution for covenant violations (cf. Deut. 28–29).
4. The royal grant treaty, used in both biblical and secular literature, is somewhat similar to the suzerainty treaty. The distinctive difference is that the obligation of the grant is not on the vassal but rather on the suzerain to protect the rights of the vassal. In this format the curse is directed against any third party that would oppose the vassal or against the suzerain who would act unfaithfully against the vassal.
Covenants in the Bible
Types of covenants. The material on covenant form, content, and structure comes into play when attempts are made to interpret the major covenants recorded in the Bible (Noahic, Abrahamic, Mosaic, Davidic, and new). Initial discussions usually revolve around whether these covenants are conditional or unconditional. Although there is merit to this discussion, covenants should also be understood in light of which party is bearing the treaty obligation. As described above, the obligation of the suzerainty treaty is upon the vassal to fulfill the expectations of the suzerain. In the grant treaty the obligation is placed upon the suzerain to fulfill the treaty promises made to the vassal. There is a sense of conditionality and unconditionality in both treaty forms.
On this basis, the Mosaic covenant is most fittingly understood in light of the suzerainty treaty. This covenant made at Mount Sinai established Israel as a covenant nation. Yahweh never intended to create a relationship with Israel on the basis of this covenant. Rather, he chose this covenant form as the means to regulate his relationship with Israel, the nation that he had just graciously redeemed. The Mosaic covenant addressed every aspect of Israelite life. so that the prophetic charges against the nation’s transgressions were considered covenant violations.
The Abrahamic and Davidic covenants are more like a grant. In the Abrahamic covenant Yahweh is obligating himself to gift Israel with land, seed, and blessing (Gen. 12–17). The halving of animals in Gen. 15:9–20 resembles a covenant-cutting ceremony in which Yahweh, in the form of a smoking firepot, walks between the animals, obligating himself to the terms of the covenant. In the Davidic covenant (2 Sam. 7; Ps. 89), Yahweh obligates himself to provide David and his descendants a king and a kingdom. The new covenant is first referenced by Moses in Deut. 30:6 and then developed more extensively in Jer. 31:31–33 and Ezek. 36. Scholars debate the nature of this covenant and the promises associated with it. Some define it as a grant and speak of it in unconditional terms, while others view it as an administrative covenant. The new covenant anticipates a change in the heart of the vassal that ultimately facilitates keeping of the law. The OT Scriptures see this happening in connection with Israel’s occupation of the land at a future time.
Covenant leadership positions. In addition to the very specific covenant arrangements made by God in the OT defining and regulating the life and future of Israel, God established three key covenant leadership positions for the nation: prophet, priest, and king (Deut. 17–18). Their connection with the covenant is evident from the fact that their origin and function are detailed in the covenant book of Deuteronomy.
God provided a prophet (Deut. 18:9–22) for the nation so that it would not learn the abominations of the Canaanites and surrounding nations. God desired spiritual integrity for his people and established the prophet as his mouthpiece to speak what he commanded (Deut. 18:18–20). The prophet was to be an Israelite who fit a Moses-like pattern (Deut. 18:18–19). The writing and nonwriting prophets often called Israel back to covenant fidelity. They did this by using legal terminology to illustrate covenant violations, thus establishing covenant lawsuits against them. Isaiah 1 is a case made by God against the nation. In this lawsuit God functions as judge, jury, and lawyer.
The priest (Deut. 17:8–13; 18:1–8; 33:8–11) had a threefold function within the covenant community. He was a mediator of people before God and of God before people. This particular function of the priesthood was broad and encompassed much of its work. The priest was a teacher who sought from the Torah resolution to disagreements between parties (cf. Jer. 18:18). It is also worth noting that the teaching of the priest preceded sacrifice. Finally, he was a minister of sacrifice. The priest led Israel in worship and sacrifice, giving instruction concerning what was clean and unclean (Lev. 13–15).
The king was also a provision of the covenant (Deut. 17). Kingship was not a divine accommodation to the desire of Israel (1 Sam. 8) but rather a part of the overall covenant plan of God revealed to Abraham (Gen. 17:16). The promise of kingship was reiterated in Gen. 35:11; 49:10. The duty of the king involved administration of the kingdom on the basis of the word of God (Deut. 17:18–20; cf. Prov. 29:4, 14).
Covenant in the Old Testament. Covenant is a dominant theme that gives cohesiveness to the structure of the OT and distinguishes the history of Israel. The phrase “covenant history” can be used to describe the biblical literature that recounts the events and episodes of Israelite life. It is a macrogenre that characterizes the historical narratives of the OT. Although this large literary corpus of historical narrative shares a covenant perspective, the individual books within the narrative corpus are noted for the attention they give to various aspects of the covenant relationship. For example, Gen. 12–50 develops the covenant promises of seed and blessing through a number of subgenres such as genealogies and family stories. Joshua, on the other hand, engages several military subgenres to recount the tension between the promise of land occupation and the responsibility of Israel to occupy the land. Covenant history is a realistic presentation of the tensions associated with the covenant relationship between Yahweh and the nation of Israel.
Finally, the psalms have a direct covenant connection emphasizing covenant worship. Psalm 119 (esp. vv. 57–64) is filled with covenant terms that relate to God’s word (testimonies, laws, oath, judgments). Marching to the place of worship designated by the covenant is reflected in the Psalms of Ascent.
Covenant in the New Testament. Although the covenant theme is less pervasive in the NT, its christological significance is profound. The NT highlights the significant messianic role of Christ in relation to the covenants. Paul references the new covenant in both books of Corinthians (1 Cor. 11:25; 2 Cor. 3:6). Each celebration of the Lord’s Supper reminds us that the shed blood of Christ is the blood of the new covenant. The new covenant is cut in connection with or on the basis of his death, burial, and resurrection (1 Cor. 11:25). The writer of the book of Hebrews gives detailed attention to how the new covenant functions in contrast to the old Mosaic covenant. The writer explains that Jesus is the guarantor of a better covenant (7:22; 8:6–7). Finally, Paul indicates that we are now considered ministers of the new covenant ministry (2 Cor. 3:6).