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.
