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.