The Criminal Code of Ancient Israel
Slavery in the Bible vs. Jails and
prisons: A comparison of two systems
No Jails in the law of Moses
No
Jails in Judaism.
God's
perfect justice system had no jails!
God chose slavery rather than prison
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Slavery Instead
of Jails in Mosaic Legal System!
Have you ever noticed that there were no prisons in the law of Moses? People
were stoned, beaten, fined but NEVER
sent to prison or confined in any way including shackles or stocks etc. This brand new study sheds a positive light on the role slavery had
in rehabilitating criminals and providing welfare for the poor. Confinement
was something completely foreign in the Jewish Legal system.
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Introduction:
- God never
instructed Jews in the Law of Moses to ever put anyone in prison. There
were no jails in the original judicial system of the Hebrews.
- In place of
prisons, God provided a better system: slavery.
- Confinement
of any type including jail, stocks, shackles, hooks etc. was something
completely foreign in the Jewish Legal system.
- Jails predated
the law of Moses (1446 BC) by over 500 years.
- Joseph confined
to a pit by his brothers and was also cast into prison in Egypt around
1905 BC.
- Two weeks
before the Law of Moses was given on Mt. Sinai, a man was put in
confinement (jail) in the wilderness of Sin for gathering sticks on the
Sabbath. This was before the law of Moses was revealed: "Those who
found him gathering wood brought him to Moses and Aaron and to all the
congregation; and they put him in custody because it had not been
declared what should be done to him. Then the LORD said to Moses, “The
man shall surely be put to death; all the congregation shall stone him
with stones outside the camp.”" (Numbers 15:33–35)
- Samson was cast
in a Philistine prison in Gaza in 1050 BC.
- The first time
anyone is cast into an Israeli/Hebrew prison was Ahab in 853 BC (1 Kings
22:27).
- In 650 BC, the
Assyrians captured Manassah and he was carried away bound in chains with
a hook in his nose: "Therefore the Lord brought the commanders of
the army of the king of Assyria against them, and they captured Manasseh
with hooks, bound him with bronze chains and took him to Babylon." (2
Chronicles 33:11)
- In face all the
surrounding nations had prisons but not Israel as a direct provision of
the law. Later in Israel's history, especially in the period starting
with the kings, there were prisons.
- Every legal
system in the world is based upon the Old Testament Law of Moses.
- The Mosaic
judicial and penal system was all encompassing, complex and divinely inspired.
- We have come to
accept jail as a standard method of "corrections" when in fact
it has never been God's way.
- Jails and
prisons are man's invention.
- Jails are
destructive to individuals, costly to society and ineffective in
correcting anyone.
- Slavery is a
much better system than sending someone to jail for a long list of
reasons.
- Slavery in the
Bible is a perfect system that would work perfect even today but few
understand the original system.
- We should
abolish jails and the welfare system then re-institute slavery according
to the Law of Moses as a substitute solution for both.
- Master summary
chart:
Huge social, economic and personal
benefits of slavery over jail and welfare.
Comparison of welfare system,
criminal codes and Penal System
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Law of Moses: slavery for
criminals and poor
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Modern Prison system of Jails
or welfare for poor
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No Jails
in Israel even though all surrounding nations had them. In 1905 BC Joseph was
thrown in a prison in Egypt.
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Many Jails
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Nobody
ever put in jail
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Millions locked
up in jails
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Criminals
or poor are slaves of individuals
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Criminals
are slaves of the state. Poor dependent on state.
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A man of
bad character lives with a normal, well adjusted hard working and successful
family as a positive mentor and role model.
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All
criminals of bad character are together, influencing each other for the
worse. "Bad company corrupts good morals", further corrupting
society.
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Criminals
or poor are put to work in private businesses, are productive and learn a
trade.
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No work at
all. Totally unproductive.
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Criminals
or poor are employed and therefore add positively to GDP (gross domestic
product) and add value to the economy.
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Criminals
cost $100,000-150,000 per inmate per year to the economy causing a negative
downward drag in the GDP. Welfare costs $20,000 per year.
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Criminals
and poor can get married and have children adding new market share to the
economy and causing economic growth.
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Criminals
cannot get married or have children in prison, thus forcing immigration of people
who bring in a new culture and religion that slowly replaces that of the
native population further corrupting society.
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The
criminals or poor remain autonomous and self-reliant in all areas of personal
life and must prepare their own food, make their own clothes, get their own
firewood and build their own shelters.
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Criminals
become dependent for food, clothing, heat, shelter, further corrupting
society.
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Rebellious
and disobedient slaves with no self-discipline were transformed into people
of good character when they were beaten with rods as discipline but if they
suffered any physical abuse where they were disabled for more than two days
or suffered from such beatings a broken tooth, arm, blindness to an eye, they
were automatically freed as a slave.
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Ineffective
methods like time out benches, loss of privileges, solitary confinement.
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Slavery
could only last a max of 7 years then they were released on the Sabbatical 7th
year.
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Prisoners
can be put in jail for life.
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When
Slaves "have done their hard time as slaves" they are rehabilitated
and productive members of society the day they walk free with a real world
skill set and practical apprentice-like trade experience and are valuable to
others to hire.
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Prisoners
leave jail unable to function on a daily basis or get a job because they are
just as unskilled as the day they arrived in jail so they go from jail to
welfare.
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Often
slaves opted to remain slaves for life to their original slave owner after
they were freed because they saw how much better their life was as a slave,
then it would be by themselves as freemen.
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No one
enjoys their time in jail or chooses to go back. Those who do, are total
misfits anyways and proof that jails are "club Fed".
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Slaves
were treated like modern employees.
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Prisoners
are treated like animals.
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Slaves
rated their experience with the slave owner as positive
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Prisoners
rate their experience in jail as negative.
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Slavery
gave the poor a "working wage" when they worked so their children
would be taught the work ethic.
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The
children of welfare parents often end up on welfare themselves because they
never saw or learned a work ethic, further corrupting society.
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Slavery
begets children who are productive.
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Welfare
begets children on welfare, further corrupting society.
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God's
superior plan was slavery not jails for criminals and the poor
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Man
inferior plan is slavery in jails and a lifetime of dependence on welfare,
further corrupting society.
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Slavery
transforms bad people into good people.
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Jail and welfare
transforms bad people into even worse people.
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Slavery
works better than a prison system or welfare.
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Prison
system is ineffective. Welfare will only be effective when it is turned into
WORKFARE.
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I. The Legal
system in ancient Israel was sophisticated:
Law
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Courts
(gates, cities of Refuge)
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Mosaic
Judiciary
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Rules of evidence
(2-3 witnesses)
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Judges
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- The court
system: The Old Testament had an entire
hierarchy of lower and higher ranking judges identical to our legal system
today. You could appeal cases to the "supreme court" who had a
final say.
- The first
Mosaic courts were Moses himself at Sinai when he would judge all cases
himself. Jethro, his father-in-law, suggested he set up system with a
military like hierarchy of "leaders of
thousands, of hundreds, of fifties and of tens". The pattern
was set up so that only the most difficult cases were brought to Moses.
The same carried over in Canaan after the conquest. If the ordinary
appointed judges could not figure out a solution, they were brought to a
high ranking priest or judge in a city of refuge.
- “It came about
the next day that Moses sat to judge the people, and the people stood
about Moses from the morning until the evening. Now when Moses’
father-in-law saw all that he was doing for the people, he said, “What is
this thing that you are doing for the people? Why do you alone sit as
judge and all the people stand about you from morning until evening?”
Moses said to his father-in-law, “Because the people come to me to inquire
of God. “When they have a dispute, it comes to me, and I judge between a
man and his neighbor and make known the statutes of God and His laws.”
Moses’ father-in-law said to him, “The thing that you are doing is not
good. “You will surely wear out, both yourself and these people who are
with you, for the task is too heavy for you; you cannot do it alone. “Now
listen to me: I will give you counsel, and God be with you. You be the
people’s representative before God, and you bring the disputes to God,
then teach them the statutes and the laws, and make known to them the way
in which they are to walk and the work they are to do. “Furthermore, you
shall select out of all the people able men who fear God, men of truth,
those who hate dishonest gain; and you shall place these over them as leaders of thousands, of hundreds, of fifties and of
tens. “Let them judge the people at all times; and let it be that
every major dispute they will bring to you, but every minor dispute they
themselves will judge. So it will be easier for you, and they will bear
the burden with you. “If you do this thing and God so commands you, then
you will be able to endure, and all these people also will go to their
place in peace.” So Moses listened to his father-in-law and did all that
he had said. Moses chose able men out of all Israel and made them heads
over the people, leaders of thousands, of hundreds, of fifties and of
tens. They judged the people at all times; the difficult dispute they
would bring to Moses, but every minor dispute they themselves would
judge. Then Moses bade his father-in-law farewell, and he went his way
into his own land.” (Exodus 18:13-27)
- “If any case is
too difficult for you to decide, between one kind of homicide or another,
between one kind of lawsuit or another, and between one kind of assault
or another, being cases of dispute in your courts, then you shall arise
and go up to the place which the Lord your God chooses. “So you shall
come to the Levitical priest or the judge who is in office in those days,
and you shall inquire of them and they will declare to you the verdict in
the case. “You shall do according to the terms of the verdict which they
declare to you from that place which the Lord chooses; and you shall be
careful to observe according to all that they teach you. “According to
the terms of the law which they teach you, and according to the verdict
which they tell you, you shall do; you shall not turn aside from the word
which they declare to you, to the right or the left. “The man who acts
presumptuously by not listening to the priest who stands there to serve
the Lord your God, nor to the judge, that man shall die; thus you shall
purge the evil from Israel. “Then all the people will hear and be afraid,
and will not act presumptuously again.” (Deuteronomy 17:8-13)
- Courts: city
gates and Cities of refuge: There were six
cities of refuge distributed geographically as a place to run to hear your
legal case without fear of harm until after the verdict. The cases were
heard in the gate of the city by judges of various ranks. If found
innocent, the person had to stay in the city of Refuge until the death of
the High Priest. No money could be paid to mitigate the death penalty once
pronounced. If a person was found innocent, money could not be paid to allow
the man to return home before the death of the High Priest.
- These cities
include: Hebron, Bezer, Shechem, Ramoth-gilead, Golan, Kedesh-naphtali.
- Jerusalem,
though the later capital, was never a city of refuge.
- "“Speak to the sons of Israel and say
to them, ‘When you cross the Jordan into the land of Canaan, then you
shall select for yourselves cities to be your cities of refuge, that the
manslayer who has killed any person unintentionally may flee there. ‘The
cities shall be to you as a refuge from the avenger, so that the
manslayer will not die until he stands before the congregation for trial.
‘The cities which you are to give shall be your six cities of refuge.
‘You shall give three cities across the Jordan and three cities in the
land of Canaan; they are to be cities of refuge. ‘These six cities shall
be for refuge for the sons of Israel, and for the alien and for the
sojourner among them; that anyone who kills a person unintentionally may
flee there. ‘But if he struck him down with an iron object, so that he
died, he is a murderer; the murderer shall surely be put to death. ‘If he
struck him down with a stone in the hand, by which he will die, and as a
result he died, he is a murderer; the murderer shall surely be put to
death. ‘Or if he struck him with a wooden object in the hand, by which he
might die, and as a result he died, he is a murderer; the murderer shall
surely be put to death. ‘The blood avenger himself shall put the murderer
to death; he shall put him to death when he meets him. ‘If he pushed him
of hatred, or threw something at him lying in wait and as a result he
died, or if he struck him down with his hand in enmity, and as a result
he died, the one who struck him shall surely be put to death, he is a
murderer; the blood avenger shall put the murderer to death when he meets
him. ‘But if he pushed him suddenly without enmity, or threw something at
him without lying in wait, or with any deadly object of stone, and
without seeing it dropped on him so that he died, while he was not his
enemy nor seeking his injury, then the congregation shall judge between
the slayer and the blood avenger according to these ordinances. ‘The
congregation shall deliver the manslayer from the hand of the blood
avenger, and the congregation shall restore him to his city of refuge to
which he fled; and he shall live in it until the death of the high priest
who was anointed with the holy oil. ‘But if the manslayer at any time
goes beyond the border of his city of refuge to which he may flee, and
the blood avenger finds him outside the border of his city of refuge, and
the blood avenger kills the manslayer, he will not be guilty of blood
because he should have remained in his city of refuge until the death of
the high priest. But after the death of the high priest the manslayer
shall return to the land of his possession. ‘These things shall be for a
statutory ordinance to you throughout your generations in all your
dwellings. ‘If anyone kills a person, the murderer shall be put to death
at the evidence of witnesses, but no person shall be put to death on the
testimony of one witness. ‘Moreover, you shall not take ransom for the life of a murderer
who is guilty of death, but he shall surely be put to death. ‘You shall
not take ransom for him who has fled to his city of refuge, that he may
return to live in the land before the death of the priest. ‘So you shall not pollute the land in which you are; for
blood pollutes the land and no expiation can be made for the land for the
blood that is shed on it, except by the blood of him who shed it. ‘You
shall not defile the land in which you live, in the midst of which I
dwell; for I the Lord am
dwelling in the midst of the sons of Israel.’ ”" (Numbers
35:10–34)
- "Then the
Lord spoke to Joshua, saying, “Speak to the sons of Israel, saying,
‘Designate the cities of refuge, of which I spoke to you through Moses,
that the manslayer who kills any person unintentionally, without
premeditation, may flee there, and they shall become your refuge from the
avenger of blood. ‘He shall flee to one of these cities, and shall stand
at the entrance of the gate of the city and state his case in the hearing
of the elders of that city; and they shall take him into the city to them
and give him a place, so that he may dwell among them. ‘Now if the
avenger of blood pursues him, then they shall not deliver the manslayer
into his hand, because he struck his neighbor without premeditation and
did not hate him beforehand. ‘He shall dwell in
that city until he stands before the congregation for judgment, until the
death of the one who is high priest in those days. Then the
manslayer shall return to his own city and to his own house, to the city
from which he fled.’ ” So they set apart Kedesh
in Galilee in the hill country of Naphtali and Shechem in the hill country of Ephraim, and Kiriath-arba (that is, Hebron) in the hill
country of Judah. Beyond the Jordan east of Jericho, they designated Bezer in the wilderness on the plain from the
tribe of Reuben, and Ramoth in Gilead from
the tribe of Gad, and Golan in Bashan from
the tribe of Manasseh. These were the appointed cities for all the sons
of Israel and for the stranger who sojourns among them, that whoever
kills any person unintentionally may flee there, and not die by the hand
of the avenger of blood until he stands before the congregation."
(Joshua 20:1-9)
- Standards of
evidence admissibility: Accusations must have
at least two or more witnesses. The victim needed two witnesses for a
total of three persons minimum in order to execute someone.
- “Like a club
and a sword and a sharp arrow Is a man who bears false witness against
his neighbor.” (Proverbs 25:18)
- “This is the
third time I am coming to you. Every
fact is to be confirmed by the
testimony of two or three witnesses.” (2 Corinthians 13:1)
- “A single
witness shall not rise up against a man on account of any iniquity or any
sin which he has committed; on the evidence of two or three witnesses a
matter shall be confirmed.” (Deuteronomy 19:15)
- “‘If anyone
kills a person, the murderer shall be put to death at the evidence of
witnesses, but no person shall be put to death on the testimony of one
witness.” (Numbers 35:30)
- “On the
evidence of two witnesses or three witnesses, he who is to die shall be
put to death; he shall not be put to death on the evidence of one
witness. “The hand of the witnesses shall be first against him to put him
to death, and afterward the hand of all the people. So you shall purge
the evil from your midst.” (Deuteronomy 17:6-7)
II.
The Penal system in the Old Testament had no jails but was effective in
punishing crime:
A. Death (capital
punishment) for 15 general categories of capital offenses:
- Methods of
execution under the Old Testament law of Moses:
- The expression "Capital
offense" comes from the Latin word for head: "caput",
indicating the person could lose their head. However decapitation of the
head by sword or the French guillotine etc., was never prescribed in the
Mosaic legal system as a method of execution.
- stoning
(Leviticus 24:14)
- burning
(Leviticus 20:14; 21:9)
- arrow (Exodus
19:13).
- After death,
they were hung or impaled on a tree/stake than taken down the same
evening and buried: Deuteronomy 21:22-22.
- Capital
punishment was carried forward into the New Testament: Romans 13:1-5
- Death for Apostasy:
- Worshiping idols:
Ex 22:20, Lev 20:2-5, Deut 17:2-7
i. ““He who sacrifices to any god, other than to the Lord alone, shall be utterly
destroyed.” (Exodus 22:20)
ii. ““You shall also say to the sons of Israel: ‘Any man from the sons
of Israel or from the aliens sojourning in Israel who gives any of his
offspring to Molech, shall surely be put to death; the people of the land shall
stone him with stones. ‘I will also set My face against that man and will cut
him off from among his people, because he has given some of his offspring to
Molech, so as to defile My sanctuary and to profane My holy name. ‘If the
people of the land, however, should ever disregard that man when he gives any
of his offspring to Molech, so as not to put him to death, then I Myself will
set My face against that man and against his family, and I will cut off from
among their people both him and all those who play the harlot after him, by
playing the harlot after Molech.” (Leviticus 20:2-5)
iii. ““If there is found in your midst, in any of your towns, which the Lord your God is giving you, a man or a
woman who does what is evil in the sight of the Lord your God, by transgressing His covenant, and has gone
and served other gods and worshiped them, or the sun or the moon or any of the
heavenly host, which I have not commanded, and if it is told you and you have
heard of it, then you shall inquire thoroughly. Behold, if it is true and the
thing certain that this detestable thing has been done in Israel, then you
shall bring out that man or that woman who has done this evil deed to your
gates, that is, the man or the woman, and you shall stone them to death. “On
the evidence of two witnesses or three witnesses, he who is to die shall be put
to death; he shall not be put to death on the evidence of one witness. “The
hand of the witnesses shall be first against him to put him to death, and
afterward the hand of all the people. So you shall purge the evil from your
midst.” (Deuteronomy 17:2-7)
- A person who
leads you away from the one true God into another religion: Deut 13:6-11
i. ““If your brother, your mother’s son, or your son or daughter, or
the wife you cherish, or your friend who is as your own soul, entice you
secretly, saying, ‘Let us go and serve other gods’ (whom neither you nor your
fathers have known, of the gods of the peoples who are around you, near you or
far from you, from one end of the earth to the other end), you shall not yield
to him or listen to him; and your eye shall not pity him, nor shall you spare
or conceal him. “But you shall surely kill him; your hand shall be first
against him to put him to death, and afterwards the hand of all the people. “So
you shall stone him to death because he has sought to seduce you from the Lord
your God who brought you out from the land of Egypt, out of the house of
slavery. “Then all Israel will hear and be afraid, and will never again do such
a wicked thing among you.” (Deuteronomy 13:6-11)
- Entire cities
were to be destroyed who abandoned the one true God: Deut 20:12-14.
i. ““However, if it does not make peace with you, but makes war against
you, then you shall besiege it. “When the Lord your God gives it into your
hand, you shall strike all the men in it with the edge of the sword. “Only the
women and the children and the animals and all that is in the city, all its
spoil, you shall take as booty for yourself; and you shall use the spoil of
your enemies which the Lord your God has given you.” (Deuteronomy 20:12-14)
- Sorcerer, medium,
spiritualist, calling on the dead: Ex 22:18; Lev 20:27; Deut 18:9-12
i. ““You shall not allow a sorceress to live.” (Exodus 22:18)
ii. “‘Now a man or a woman who is a medium or a spiritist shall surely
be put to death. They shall be stoned with stones, their bloodguiltiness is
upon them.’ ”” (Leviticus 20:27)
iii. ““When you enter the land which the Lord your God gives you, you shall not learn to imitate the
detestable things of those nations. “There shall not be found among you anyone
who makes his son or his daughter pass through the fire, one who uses divination,
one who practices witchcraft, or one who interprets omens, or a sorcerer, or
one who casts a spell, or a medium, or a spiritist, or one who calls up the
dead. “For whoever does these things is detestable to the Lord; and because of these detestable things
the Lord your God will drive them
out before you.” (Deuteronomy 18:9-12)
- False prophet:
Deut 13:1-5; 18:20
i. “If a prophet or a dreamer of dreams arises among you and gives you
a sign or a wonder, and the sign or the wonder comes true, concerning which he
spoke to you, saying, ‘Let us go after other gods (whom you have not known) and
let us serve them,’ you shall not listen to the words of that prophet or that
dreamer of dreams; for the Lord
your God is testing you to find out if you love the Lord your God with all your heart and with all your soul.
“You shall follow the Lord your
God and fear Him; and you shall keep His commandments, listen to His voice,
serve Him, and cling to Him. “But that prophet or that dreamer of dreams shall
be put to death, because he has counseled rebellion against the Lord your God who brought you from the
land of Egypt and redeemed you from the house of slavery, to seduce you from
the way in which the Lord your
God commanded you to walk. So you shall purge the evil from among you."
(Deuteronomy 13:1-5)
ii. ‘But the prophet who speaks a word presumptuously in My name which I
have not commanded him to speak, or which he speaks in the name of other gods,
that prophet shall die.’" (Deuteronomy 18:20)
- Death for Blasphemy, curing God, speaking evil of God: Lev 24:15-16
- “You shall
speak to the sons of Israel, saying, ‘If anyone curses his God, then he
will bear his sin. ‘Moreover, the one who blasphemes the name of the Lord
shall surely be put to death; all the congregation shall certainly stone
him. The alien as well as the native, when he blasphemes the Name, shall
be put to death." (Leviticus 24:15-16)
- Death for Fornication/sex sins:
- deviant sex:
Lev 20:13
i. ‘If there is a man who lies with a male as those who lie with a
woman, both of them have committed a detestable act; they shall surely be put
to death. Their bloodguiltiness is upon them." (Leviticus 20:13)
- Bestiality, sex
with animal: Lev 20:15-16
i. ‘If there is a man who lies with an animal, he shall surely be put
to death; you shall also kill the animal. ‘If there is a woman who approaches
any animal to mate with it, you shall kill the woman and the animal; they shall
surely be put to death. Their bloodguiltiness is upon them." (Leviticus
20:15-16)
- Rape, non-consensual
sex with married/betrothed woman: Deut 22:25
i. “But if in the field the man finds the girl who is engaged, and the
man forces her and lies with her, then only the man who lies with her shall
die." (Deuteronomy 22:25)
- Adultery: sex
with married or betrothed woman: Lev 20:10-12;23-24
i. ‘If there is a man who commits adultery with another man’s wife, one
who commits adultery with his friend’s wife, the adulterer and the adulteress
shall surely be put to death. ‘If there is a man who lies with his father’s
wife, he has uncovered his father’s nakedness; both of them shall surely be put
to death, their bloodguiltiness is upon them. ‘If there is a man who lies with
his daughter-in-law, both of them shall surely be put to death; they have
committed incest, their bloodguiltiness is upon them." (Leviticus
20:10-12)
ii. ‘Moreover, you shall not follow the customs of the nation which I
will drive out before you, for they did all these things, and therefore I have
abhorred them. ‘Hence I have said to you, “You are to possess their land, and I
Myself will give it to you to possess it, a land flowing with milk and honey.”
I am the Lord your God, who has
separated you from the peoples." (Leviticus 20:23-24)
- Discovered not
to be a virgin on your wedding night: Deut 22:20-21
i. “But if this charge is true, that the girl was not found a virgin,
then they shall bring out the girl to the doorway of her father’s house, and
the men of her city shall stone her to death because she has committed an act
of folly in Israel by playing the harlot in her father’s house; thus you shall
purge the evil from among you." (Deuteronomy 22:20-21)
- The daughter of
a priest practicing prostitution: Lev 21:9
i. ‘Also the daughter of any priest, if she profanes herself by
harlotry, she profanes her father; she shall be burned with fire."
(Leviticus 21:9)
- Incest with
daughter or step daughter: Lev 20:17,14,30
i. ‘If there is a man who takes his sister, his father’s daughter or
his mother’s daughter, so that he sees her nakedness and she sees his
nakedness, it is a disgrace; and they shall be cut off in the sight of the sons
of their people. He has uncovered his sister’s nakedness; he bears his
guilt." (Leviticus 20:17)
ii. ‘If there is a man who marries a woman and her mother, it is
immorality; both he and they shall be burned with fire, so that there will be
no immorality in your midst." (Leviticus 20:14)
- Sex with mother
or step mother: Lev 20:20
i. ‘If there is a man who lies with his uncle’s wife he has uncovered
his uncle’s nakedness; they will bear their sin. They will die childless."
(Leviticus 20:20)
- Death for Breaking the Sabbath: Ex 31:14; 35:2
- ‘Therefore you are to observe the
sabbath, for it is holy to you. Everyone who profanes it shall surely be
put to death; for whoever does any work on it, that person shall be cut
off from among his people." (Exodus 31:14)
- “For six days work may be done, but on
the seventh day you shall have a holy day, a sabbath of complete rest to
the Lord; whoever does any
work on it shall be put to death." (Exodus 35:2)
- Death to Parents who sacrifice their children to idols: Lev 20:2-5
- “You shall also
say to the sons of Israel: ‘Any man from the sons of Israel or from the
aliens sojourning in Israel who gives any of his offspring to Molech,
shall surely be put to death; the people of the land shall stone him with
stones. ‘I will also set My face against that man and will cut him off
from among his people, because he has given some of his offspring to
Molech, so as to defile My sanctuary and to profane My holy name. ‘If the
people of the land, however, should ever disregard that man when he gives
any of his offspring to Molech, so as not to put him to death, then I Myself
will set My face against that man and against his family, and I will cut
off from among their people both him and all those who play the harlot
after him, by playing the harlot after Molech." (Leviticus 20:2-5)
- Death to Non-Levites entering the holy or most holy
place in the tabernacle: Num 1:51
- “So when the
tabernacle is to set out, the Levites shall take it down; and when the
tabernacle encamps, the Levites shall set it up. But the layman who comes
near shall be put to death." (Numbers 1:51)
- Death for Striking, cursing or disrespecting your
parents: Ex 21:15,17; Lev 20:9
- “He who strikes his father or his mother
shall surely be put to death." (Exodus 21:15)
- “He who curses his father or his mother
shall surely be put to death." (Exodus 21:17)
- ‘If there is anyone who curses his
father or his mother, he shall surely be put to death; he has cursed his
father or his mother, his bloodguiltiness is upon him." (Leviticus
20:9)
- Death to children who will not obey parents (stubborn, rebellious, glutton, drunkard): Deut 21:18-21
- “If any man has
a stubborn and rebellious son who will not obey his father or his mother,
and when they chastise him, he will not even listen to them, then his
father and mother shall seize him, and bring him out to the elders of his
city at the gateway of his hometown. “They shall say to the elders of his
city, ‘This son of ours is stubborn and rebellious, he will not obey us,
he is a glutton and a drunkard.’ “Then all the men of his city shall
stone him to death; so you shall remove the evil from your midst, and all
Israel will hear of it and fear." (Deuteronomy 21:18-21)
- Death for Murder: Gen 9:6,
Ex 21:12, Num 35:16-21, premeditation: Exodus 21:14
- “Whoever sheds man’s blood, By man his
blood shall be shed, For in the image of God He made man." (Genesis
9:6)
- “He who strikes a man so that he dies
shall surely be put to death." (Exodus 21:12)
- ‘But if he struck him down with an iron
object, so that he died, he is a murderer; the murderer shall surely be
put to death. ‘If he struck him down with a stone in the hand, by which
he will die, and as a result he died, he is a murderer; the murderer
shall surely be put to death. ‘Or if he struck him with a wooden object
in the hand, by which he might die, and as a result he died, he is a murderer;
the murderer shall surely be put to death. ‘The blood avenger himself
shall put the murderer to death; he shall put him to death when he meets
him. ‘If he pushed him of hatred, or threw something at him lying in wait
and as a result he died, or if he struck him down with his hand in
enmity, and as a result he died, the one who struck him shall surely be
put to death, he is a murderer; the blood avenger shall put the murderer
to death when he meets him." (Numbers 35:16-21)
- “If, however, a man acts presumptuously
toward his neighbor, so as to kill him craftily, you are to take him even
from My altar, that he may die." (Exodus 21:14)
- Death for Kidnapping or selling a man into slavery: Ex 21:16; Deut 24:7
- “He who kidnaps a man, whether he sells
him or he is found in his possession, shall surely be put to death."
(Exodus 21:16)
- “If a man is caught kidnapping any of
his countrymen of the sons of Israel, and he deals with him violently or
sells him, then that thief shall die; so you shall purge the evil from
among you." (Deuteronomy 24:7)
- Death for Perjury, false witness: Deut 19:16-21
- Whatever harm
would have been caused by the lie, was done to the liar, life for life,
eye for eye, tooth for tooth, hand for hand, foot for foot
- “If a malicious
witness rises up against a man to accuse him of wrongdoing, then both the
men who have the dispute shall stand before the Lord, before the priests
and the judges who will be in office in those days. “The judges shall
investigate thoroughly, and if the witness is a false witness and he has
accused his brother falsely, then you shall do to him just as he had
intended to do to his brother. Thus you shall purge the evil from among
you. “The rest will hear and be afraid, and will never again do such an
evil thing among you. “Thus you shall not show pity: life for life, eye
for eye, tooth for tooth, hand for hand, foot for foot."
(Deuteronomy 19:16-21)
- Death for Rejecting the verdict of a judge/priest at the
city gate: Deuteronomy 17:6-13
- “On the
evidence of two witnesses or three witnesses, he who is to die shall be
put to death; he shall not be put to death on the evidence of one
witness. “The hand of the witnesses shall be first against him to put him
to death, and afterward the hand of all the people. So you shall purge the
evil from your midst. “If any case is too difficult for you to decide,
between one kind of homicide or another, between one kind of lawsuit or
another, and between one kind of assault or another, being cases of
dispute in your courts, then you shall arise and go up to the place which
the Lord your God chooses. “So you shall come to the Levitical priest or
the judge who is in office in those days, and you shall inquire of them
and they will declare to you the verdict in the case. “You shall do
according to the terms of the verdict which they declare to you from that
place which the Lord chooses; and you shall be careful to observe
according to all that they teach you. “According to the terms of the law
which they teach you, and according to the verdict which they tell you,
you shall do; you shall not turn aside from the word which they declare
to you, to the right or the left. “The man who acts presumptuously by not
listening to the priest who stands there to serve the Lord your God, nor
to the judge, that man shall die; thus you shall purge the evil from
Israel. “Then all the people will hear and be afraid, and will not act
presumptuously again." (Deuteronomy 17:6-13)
- Death for Failure to restrain an animal known to be
dangerous that kills someone: Ex 21:29
- The animal
owner is stoned if his animal kills another
- “If, however,
an ox was previously in the habit of goring and its owner has been
warned, yet he does not confine it and it kills a man or a woman, the ox
shall be stoned and its owner also shall be put to death." (Exodus
21:29)
B. Eye for eye: Exodus 21:23-25; Leviticus 24:17-20; Deut
19:21
- "“But if there is any further
injury, then you shall appoint as a penalty life for life, eye for eye,
tooth for tooth, hand for hand, foot for foot, burn for burn, wound for
wound, bruise for bruise." (Exodus 21:23-25)
- "‘If a man takes the life of any
human being, he shall surely be put to death. ‘The one who takes the life
of an animal shall make it good, life for life. ‘If a man injures his
neighbor, just as he has done, so it shall be done to him: fracture for
fracture, eye for eye, tooth for tooth; just as he has injured a man, so
it shall be inflicted on him." (Leviticus 24:17-20)
- "“Thus you shall not show pity: life
for life, eye for eye, tooth for tooth, hand for hand, foot for
foot." (Deuteronomy 19:21)
C. Slavery: People were forced into slavery for a max
of 7 years if they had nothing for repayment of debts/restitution/fines to pay
for their debts/crimes.
- Slavery in the
Bible was a perfect system that replaced jail and eliminated the need for
a welfare system. This system would work today in Canada and USA if
implanted exactly as the Bible says.
- The modern
system slavery we are familiar with was condemned by God in the Law of
Moses. Slavery in the Mosaic judicial system would work much better!
- The Abolition
of modern slavery was because of a Bible thumping Christian named William
Wilberforce.
- Slaves were
kidnapped and sold, treated them like animals, physically abused them
without any hope of ever getting free.
- People who
kidnapped slaves under the Law of Moses were stoned to death. If they
were physically abused, the slaves were freed the next day. The Bible
placed a max limit of 7 years as a slave and then everyone went free.
- God's way is so
superior to anything man could think up.
- Slavery in the
America's had no resemblance to Biblical slavery.
- Modern slavery
always involved native Africans kidnapping their own people and selling
them for profit into slavery to the white man, who in turn resold them for
profit. There was also no release date, nor limits on the physical harm
the slave owner could inflict upon the rebellious or disobedient slave.
Mosaic slavery therefore, was a rehabilitation/welfare system that
protected the slavery from physical harm, kidnapping coupled with an
anti-return provision if the slave chose to run away.
- Kidnapping and
selling a man into slavery was a death penalty offence: Ex 21:16; Deut
24:7
- “He who kidnaps a man, whether he sells
him or he is found in his possession, shall surely be put to death."
(Exodus 21:16)
- “If a man is caught kidnapping any of
his countrymen of the sons of Israel, and he deals with him violently or
sells him, then that thief shall die; so you shall purge the evil from
among you." (Deuteronomy 24:7)
- Slaves were set
free after a max of 7 years on the Sabbatical year
- “If you buy a
Hebrew slave, he shall serve for six years; but on the seventh he shall
go out as a free man without payment." (Exodus 21:2)
- Ever 7th
year was a Sabbatical year in a cycle.
- This means that
if you were became a slave on "year 1" of the sabbatical yearly
cycle, you would be a slave for six more years. If you became a slave on
"year 5" of the sabbatical yearly cycle you would only be a
slave for 1-2 years.
- A thief unable
to make restitution was sold as a slave, not sent to jail:
- Even today,
judges will give criminals an option of either paying a fine or going to
jail in place of paying the fine.
- “If a man
steals an ox or a sheep and slaughters it or sells it … He shall surely
make restitution; if he owns nothing, then he
shall be sold for his theft. “If what he stole is actually found
alive in his possession, whether an ox or a donkey or a sheep, he shall
pay double.” (Exodus 22:1-4)
- Financially
bankrupt people could be sold as slaves to pay civil debts or criminal
fines but went free on the sabbatical (7th)
year: Exodus 21:2; Leviticus 22:1-11; Deuteronomy 15:12-15
- “If you buy a Hebrew slave, he shall
serve for six years; but on the seventh he shall go out as a free man
without payment." (Exodus 21:2)
- "Then the Lord spoke to Moses, saying, “Tell Aaron and his sons
to be careful with the holy gifts of the sons of Israel, which they dedicate
to Me, so as not to profane My holy name; I am the Lord. “Say to them, ‘If any man
among all your descendants throughout your generations approaches the
holy gifts which the sons of Israel dedicate to the Lord, while he has an
uncleanness, that person shall be cut off from before Me; I am the Lord. ‘No man of the descendants
of Aaron, who is a leper or who has a discharge, may eat of the holy
gifts until he is clean. And if one touches anything made unclean by a
corpse or if a man has a seminal emission, or if a man touches any
teeming things by which he is made unclean, or any man by whom he is made
unclean, whatever his uncleanness; a person who touches any such shall be
unclean until evening, and shall not eat of the holy gifts unless he has
bathed his body in water. ‘But when the sun sets, he will be clean, and
afterward he shall eat of the holy gifts, for it is his food. ‘He shall
not eat an animal which dies or is torn by beasts, becoming unclean by
it; I am the Lord. ‘They
shall therefore keep My charge, so that they will not bear sin because of
it and die thereby because they profane it; I am the Lord who sanctifies them. ‘No
layman, however, is to eat the holy gift; a sojourner with the priest or
a hired man shall not eat of the holy gift. ‘But if a priest buys a slave
as his property with his money, that one may eat of it, and those who are
born in his house may eat of his food." (Leviticus 22:1-11)
- “If your kinsman, a Hebrew man or woman,
is sold to you, then he shall serve you six years, but in the seventh
year you shall set him free. “When you set him free, you shall not send
him away empty-handed. “You shall furnish him liberally from your flock
and from your threshing floor and from your wine vat; you shall give to
him as the Lord your God
has blessed you. “You shall remember that you were a slave in the land of
Egypt, and the Lord your
God redeemed you; therefore I command you this today." (Deuteronomy
15:12-15)
- Receipt for the Purchase of a Debt Slave (Cuneiform
tablet from Alalakh: 1480 BC)
- "This level VII tablet records the purchase of a
debt slave. Debt slavery was well known in the ancient Near East. The use
of the andarārum was a special dispensation that allowed all
those in debt to be freed of their debts. In order to circumvent this
possibility, Sumunnabi had a special clause written into the agreement.
Perhaps this type of permanent servitude, with no exclusions, was what
Leviticus 25:39–42 addressed. It required release of all those in debt
during the Year of Jubilee. See also the usage of the Hebrew cognate, derôr,
in Isaiah 61:1; Jeremiah 34:8, 15, 17; Ezekiel 46:17. See Wright
1990:123–128, 249–258; Hess 1994a:203. (Context of Scripture, Richard S.
Hess, Receipt for the Purchase of a Debt Slave, from Alalakh 1480 BC, COS
3.100, 2003 AD)
Purchase (lines 1–5)
Twenty-three and one third
silver shekels
are debited against Ugaia.
For service in her household
Ms. Sumunnabi
has purchased (her).
Exclusion clause (lines 6–7)
At a general release
she may not be released.
Witnesses (lines 8–12)
Diniaddu,
Zunna,
Irkabtum,
šangű-priest of Ishtar,
Irpa-Addu.
Date (lines 13–15)
In the year of Irkabtum,
in the month of Addanati,
15 on the seventeenth day.
|
- A bankrupt father
could sell his children into slavery to pay for his debts in place of
himself: Exodus 21:7; Nehemiah 5:3-5
- A great incentive for kids to help out
around the house! "Listen little Johnny, if you don't help out with
work around the house and farm, I will sell you as a slave to a
slave-over who will teach you how to do hard work and at the end of 7
years you will be glad to come home and work hard!"
- "Now a certain woman of the wives
of the sons of the prophets cried out to Elisha, “Your servant my husband
is dead, and you know that your servant feared the Lord; and the creditor has come to take my two
children to be his slaves.”" (2 Kings 4:1)
- "There were others who said, “We are mortgaging our fields, our vineyards and our houses that we might get grain because
of the famine.” Also there were those who said, “We have borrowed money
for the king’s tax on our fields and our vineyards. “Now our flesh is
like the flesh of our brothers, our children like their children. Yet behold, we are forcing our sons and our
daughters to be slaves, and some of our daughters are forced into bondage
already, and we are helpless because our fields and vineyards belong to
others.”" (Nehemiah 5:3-5)
- "“If a man
sells his daughter as a female slave, she is not to go free as the male
slaves do." (Exodus 21:7)
- Slaved could redeem themselves or be
redeemed by relatives:
- "‘Or in case a man has no kinsman, but so recovers his means as to find
sufficient for its redemption, then he shall
calculate the years since its sale and refund the balance to the man to
whom he sold it, and so return to his property." (Leviticus
25:26–27)
- "‘Now if the means of a stranger or
of a sojourner with you becomes sufficient, and a countryman of yours
becomes so poor with regard to him as to sell himself to a stranger who
is sojourning with you, or to the descendants of a stranger’s family,
then he shall have redemption right after he has been sold. One of his brothers may redeem him, or his
uncle, or his uncle’s son, may redeem him, or one of his blood relatives
from his family may redeem him; or if he prospers, he may redeem himself.
‘He then with his purchaser shall calculate from
the year when he sold himself to him up to the year of jubilee; and the
price of his sale shall correspond to the number of years. It is like the
days of a hired man that he shall be with him. ‘If there are still many
years, he shall refund part of his purchase price in proportion to them
for his own redemption; and if few years remain until the year of
jubilee, he shall so calculate with him. In proportion to his years he is
to refund the amount for his redemption. ‘Like a man hired year by year
he shall be with him; he shall not rule over him with severity in your
sight. ‘Even if he is not redeemed by these means, he shall still go out
in the year of jubilee, he and his sons with him. ‘For the sons of Israel
are My servants; they are My servants whom I brought out from the land of
Egypt. I am the Lord your God." (Leviticus 25:47–55)
- Men could
voluntarily become slaves for the rest of their lives or until the Jubilee
(every 49 years): Leviticus 25:39-42; Exodus 21:5-6; Deuteronomy 15:16-17
- "‘If a countryman of yours becomes
so poor with regard to you that he sells himself to you, you shall not
subject him to a slave’s service. ‘He shall be with you as a hired man,
as if he were a sojourner; he
shall serve with you until the year of jubilee.
‘He shall then go out from you, he and his sons with him, and shall go
back to his family, that he may return to the property of his forefathers.
‘For they are My servants whom I brought out from the land of Egypt; they
are not to be sold in a slave sale." (Leviticus 25:39-42)
- "“But if the slave plainly says, ‘I
love my master, my wife and my children; I will not go out as a free
man,’ then his master shall bring him to God, then he shall bring him to
the door or the doorpost. And his master shall pierce his ear with an
awl; and he shall serve him
permanently." (Exodus 21:5-6)
- "“It shall come about if he says to
you, ‘I will not go out from you,’ because he loves you and your
household, since he fares well with you; then you shall take an awl and
pierce it through his ear into the door, and he shall be your servant forever. Also you shall do likewise to your maidservant."
(Deuteronomy 15:16-17)
- Children of
slaves born while they were slaves, were the property of the slave owner:
Leviticus 22:11
- Slaves were
valued at 30 shekels of silver: Exodus 21:32
- “If the ox
gores a male or female slave, the owner shall give his or her master thirty shekels of silver, and the ox shall be
stoned." (Exodus 21:32)
- Joseph was sold
for 20 pieces of silver: "Then some Midianite traders passed by, so
they pulled him up and lifted Joseph out of the pit, and sold him to the
Ishmaelites for twenty shekels of silver. Thus they brought Joseph into
Egypt." (Genesis 37:28)
- Jesus was
betrayed for 30 pieces of silver:
1. "I said to them, “If it is good in
your sight, give me my wages; but if not, never mind!” So they weighed out
thirty shekels of silver as my wages. Then the Lord said to me, “Throw it to
the potter, that magnificent price at which I was valued by them.” So I took
the thirty shekels of silver and threw them to the potter in the house of the
Lord." (Zechariah 11:12-13)
2. “What are you willing to give me to betray
Him to you?” And they weighed out thirty pieces of silver to him."
(Matthew 26:15)
- Slaves could be
purchased from outside Israel: Leviticus 25:44-46
- "‘As for
your male and female slaves whom you may have—you may acquire male and
female slaves from the pagan nations that are around you. ‘Then, too, it
is out of the sons of the sojourners who live as aliens among you that
you may gain acquisition, and out of their families who are with you,
whom they will have produced in your land; they also may become your
possession. ‘You may even bequeath them to your sons after you, to
receive as a possession; you can use them as permanent slaves. But in
respect to your countrymen, the sons of Israel, you shall not rule with severity
over one another." (Leviticus 25:44-46)
- Slaves could be
beaten with a rod, but not to death: Exodus
21:20-21; 26-27
- Before you
"have a cow" that the Bible allows beating of slaves, remember that
in the USA and Canada, inmates in prisons were routinely beaten until
very recently. All jails historic and present have beaten inmates to
bring them into obedience. Only in the last 25 years and only in western
countries have beatings been abolished. But then again, these same
countries have also abolished the death penalty and made it illegal for
parents to even spank children. No wonder there is such problem with
youth and a high crime rate!
- If a slave
owner does any bodily harm to a slave that disables the slave for more
than two days, the slave is set free.
- If a slave
owner so much as knocks out a tooth or inures an eye or, he is set free.
- "“If a man strikes his male or
female slave with a rod and he dies at his hand, he shall be punished.
“If, however, he survives a day or two, no vengeance shall be taken; for
he is his property." (Exodus 21:20-21)
- "“If a man strikes the eye of his
male or female slave, and destroys it, he shall let him go free on
account of his eye. “And if he knocks out a tooth of his male or female
slave, he shall let him go free on account of his tooth." (Exodus
21:26-27)
- It was illegal
to return a run-away slave to his master if he escaped: Deuteronomy
23:15-16
- Slave owners
could track down their slaves, but others could not report to the slave
owner the location of the slave.
- "“You
shall not hand over to his master a slave who has escaped from his master
to you. “He shall live with you in your midst, in the place which he
shall choose in one of your towns where it pleases him; you shall not
mistreat him." (Deuteronomy 23:15-16)
- However,
nations outside Israel paid bounties to run-away slave hunters. Once
again the moral code of the God of Israel was much higher than the
nations.
- A cache of cuneiform clay tablets have been uncovered
at Alalakh, which is a Bronze Age city identified with Tell ʿAṭšan
(or Atchana; 36°15´N; 36°23´E). (ABD, Alalakh)
- One of the tablets is a treaty that regulates the
reward/bounty for returning male and female slaves. The women were valued
twice what the men were valued at! “bounty for returning a captured
slave: If a man: 500 copper shekels reward. If a woman, 1000 copper
shekels reward" (see tablet below)
- "HOW MUCH FOR A HEBREW SLAVE? THE MEANING OF
MIŠNEH IN DEUT 15:18 “Do not consider it a hardship to set your servant
free, because his service to you these six years has been worth twice
as much as that of a hired hand (מִשְׁנֶה שְׂכַר שָׂכִיר).”
This translation (NIV) of Deut 15:18a, the conclusion of the deuteronomic
law concerning a Hebrew slave, represents in modern language a very old
traditional understanding of that verse. That traditional reading was
challenged by M. Tsevat in 1958. Tsevat argued that משנה
in Deut 15:18 does not have its usual meaning “twice, double,” but is to
be understood on the basis of a supposed Akkadian cognate mištannu, occurring at Alalakh, meaning “equivalent, quid pro quo.”
The passage should be translated, according to Tsevat, “he has served you
the equivalent of the hire of a hired servant six years.” Tsevat
sees the same meaning of the word in Jer 16:18, “I will give them the משנה
of their iniquity and their sin” (RSV: “I will doubly recompense their
iniquity and their sin”). Tsevat’s proposal appears to remove a
difficulty in the interpretation of these verses, and it has been
accepted by many commentators, including D. J. Wiseman, the original editor of the Alalakh texts. G. von Rad, in a 1967 article, carried Tsevat’s
argument one step farther. Just as משנה
may mean “equivalent” as well as “double,” von Rad argues, so the same
broader semantic range can also be detected in the synonymous word כִּפְלַיִם.
Thus in Isa 40:2, “She has received from Yhwh’s hand כפלים
[traditionally ‘double’] for all her sins,” von Rad would translate “the
equivalent/ recompense for all her sins.” Tsevat’s suggestion, though it
has not met with universal acceptance, has not to my knowledge been
directly challenged in the thirty years since it was first put forward.
It is cited with favor in Peter Craigie’s recent commentary on
Deuteronomy and is clearly the scholarly basis for the rendering in NRSV:
“for six years they have given you services worth the wages of hired
laborers.” But a closer look at the comparative evidence, some of it not
available in 1958, suggests that despite its wide acceptance, the
proposed parallel is illusory. The
Akkadian word in question occurs four times in a single text from Alalakh
stratum IV (Alalakh Text 3). It is an international treaty between King
Idrimi and a certain Pillia concerning the capture and extradition of
fugitive slaves. From that
context it is clear that the mištannu is something given by the
master of a runaway to a person who seizes the slave and returns the
escapee to his or her owner: “If
it (the captured slave) is a man, then he (the captor) will be paid 500
copper [shekels] as his reward [mi-iš-ta-an-na-šu], and if it is a
woman, then he will be paid 1000 copper [shekels] as his reward [mi-iš-ta-an-na-šu].”
Two difficulties stand in the
way of identifying Alalakh mištannu and Hebrew משנה
in Deut 15:18. The first is semantic; the second concerns the form and
etymology of mištannu. 1. First, the semantic problem: משנה
is a well-attested noun in biblical and postbiblical Hebrew. Related to
the root שנה, its meaning varies
according to context (“double, duplicate, deputy [second in command],
second-best, repetition”). All of these nuances reflect clearly the
common sense of “double” or “second.” Mištannu, on the other hand,
is not a common word at all. Wiseman would relate it etymologically to
the verb šanű, “to repeat, do again” (the Akkadian cognate of
Hebrew שנה). But mištannu
has not to my knowledge been found anywhere in the entire Akkadian corpus
except for Alalakh Text 3. Akkadian has well-attested derivatives from šanű,
but this word is not one of them. A genuine semantic parallel for the
range of meaning Tsevat proposes for משנה
would be an Akkadian noun that ordinarily means “double,” but in some
contexts has the alternative sense “equivalent.” This is not the case
with mištannu at all. It is an extremely rare word having only
a specialized meaning relating to compensation for a slave. 2. A more
serious objection concerns the morphology of mištannu. The
termination -nnu is not a normal one for an Akkadian noun. Tsevat
recognized the anomaly and attempted to answer it with the ad hoc
suggestion of a secondary doubling of the n or a by-form of the
root with a second n. But a more likely explanation was put
forward by M. Mayrhofer in a brief critical note published in 1965, which
has been largely ignored by biblical scholars. Mayrhofer observes that in
Akkadian texts from Hurrian territory (including other texts from Alalakh
IV), the Hurrian article -nni often appears in the akkadianized
form -nnu, and that in several cases the word-element preceding
this ending can be recognized as Indo-Aryan in origin. He goes on to note
that the element mišta- can easily be explained from an Indo-Aryan
etymology: *miždhá->mīḍhá- [Sanskrit] “pay,
price” (cf. Greek μισθός, “pay, hire”). Thus if Mayrhofer is
correct, mištannu is not a Semitic word at all, and the
possibility of any direct connection with Hebrew משנה is ruled out. Even if his Indo-Aryan
etymology is uncertain, when we consider the rarity and uncertain
derivation of mištannu, and the great distance in time, place, and
culture between Alalakh stratum IV and the environment of Deuteronomy,
the supposed parallel is too tenuous to justify retranslating a Hebrew
text that is intelligible as it is. What, then, does משנה
in Deut 15:18 mean? The best answer is the simplest: משנה
has its traditional sense “double” (cf. Gen 43:12, 15; Exod 16:5, 22; Isa
61:7; Jer 17:18; Zech 9:12; Job 42:10). The sense of the verse is, “It
shall not seem hard to you …, for he has served you six years, and has
been worth twice as much to you as a hired servant.…” “Twice as much,” then, turns out not to be a
legal formula after all, much less an implication that hired laborers
loafed half the time. It is simply a vivid way of stating a harsh but
self-evident fact: you get more work for less pay from a slave than from
an employee!" (Journal
of Biblical Literature, How Much for a Hebrew Slave? The Meaning of
Mišneh in Deut 15:18, James M. Lindenberger Vancouver School of Theology
Centre, vol 110, p479-482, 1991 AD)
D. Restitution, Fines,
seizing of assets:
Proverbs 17:26; Numbers 5:6-8
- “If a man steals
an ox or a sheep and slaughters it or sells it, he shall pay five oxen for
the ox and four sheep for the sheep. “If the thief is caught while
breaking in and is struck so that he dies, there will be no
bloodguiltiness on his account. “But if the sun has risen on him, there
will be bloodguiltiness on his account. He shall surely make restitution;
if he owns nothing, then he shall be sold for his theft. “If what he stole
is actually found alive in his possession, whether an ox or a donkey or a
sheep, he shall pay double.” (Exodus 22:1-4)
- “If men struggle
with each other and strike a woman with child so that she gives birth
prematurely, yet there is no injury, he shall surely be fined as the
woman’s husband may demand of him, and he shall pay as the judges decide.”
(Exodus 21:22)
- Graduated fines
for various sins based on income level: Lamb/dove/grain Leviticus 5:1-13
- False accusation
of loss of virginity: Deut 22:19
- Fines became the
income of the overseeing priest: Numbers 5:9-10
- If a man could not
make restitution, he was sold as a slave to the one whom he owned the
money, or the proceeds of the sale of the slave (30 pieces of silver) were
given to him in lieu of restitution.
E. General liability
for carelessness:
- Long term Medical liability:
- Very similar to
our laws of liability for auto accidents, you are responsible for the
medical and living expenses of the person you hurt.
- "“If men
have a quarrel and one strikes the other with a stone or with his fist,
and he does not die but remains in bed, if he gets up and walks around
outside on his staff, then he who struck him shall go unpunished; he
shall only pay for his loss of time, and shall take care of him until he
is completely healed." (Exodus 21:18-19)
- Your animal
kills another animal:
- "“If a man
opens a pit, or digs a pit and does not cover it over, and an ox or a
donkey falls into it, the owner of the pit shall make restitution; he
shall give money to its owner, and the dead animal shall become his. “If
one man’s ox hurts another’s so that it dies, then they shall sell the
live ox and divide its price equally; and also they shall divide the dead
ox. “Or if it is known that the ox was previously in the habit of goring,
yet its owner has not confined it, he shall surely pay ox for ox, and the
dead animal shall become his." (Exodus 21:33-36)
- You set a
fire that gets out of control and damages another's property:
- "“If a
fire breaks out and spreads to thorn bushes, so that stacked grain or the
standing grain or the field itself is consumed, he who started the fire
shall surely make restitution." (Exodus 22:6)
- Property is
damaged, lost or stolen while under your care:
- "“If a man
gives his neighbor money or goods to keep for him and it is stolen from the
man’s house, if the thief is caught, he shall pay double. “If the thief
is not caught, then the owner of the house shall appear before the
judges, to determine whether he laid his hands on his neighbor’s
property. “For every breach of trust, whether it is for ox, for donkey,
for sheep, for clothing, or for any lost thing about which one says,
‘This is it,’ the case of both parties shall come before the judges; he
whom the judges condemn shall pay double to his neighbor. “If a man gives
his neighbor a donkey, an ox, a sheep, or any animal to keep for him, and
it dies or is hurt or is driven away while no one is looking, an oath
before the LORD shall be made by the two of them that he has not laid
hands on his neighbor’s property; and its owner shall accept it, and he
shall not make restitution. “But if it is actually stolen from him, he
shall make restitution to its owner. “If it is all torn to pieces, let
him bring it as evidence; he shall not make restitution for what has been
torn to pieces. “If a man borrows anything from his neighbor, and it is
injured or dies while its owner is not with it, he shall make full
restitution. “If its owner is with it, he shall not make restitution; if
it is hired, it came for its hire." (Exodus 22:7-15)
F. Amputation of hands,
feet, limbs etc:
Deuteronomy
25:11-12
- The Great
Edict of Horemheb (1300 BC) describes how the Egyptians would cut off
the nose of criminals as a permanent mark of humiliation and warning to
others and sent to Tharu. They were sent to the furthest city on the
border of Egypt and Israel called Rhinoculura in the late
Hellenistic/early Roman period (100 BC). Rhinoculura "rhino" =
nose "culura" = cut off. Rhinoceros = horn/nose + one or the
"One horned/nosed" beast! Rhinoculura was called Tharu in 1480
BC and in the Bible is it known as "Arish" as in the Wadi
Arish, the historic border river between Israel and Egypt.
- "“If two
men, a man and his countryman, are struggling together, and the wife of
one comes near to deliver her husband from the hand of the one who is
striking him, and puts out her hand and seizes his genitals, then you
shall cut off her hand; you shall not show pity." (Deuteronomy
25:11-12)
- Under the
"eye for eye" law, if a man cuts off another's hand or foot
etc., his hand or foot would be cut off by the one whom he injured.
- While amputation
of hands is prescribed by Muhammad under Sharia law for simple theft,
there was only one specific reason listed in the Law of Moses to amputate
a hand.
- A woman to grabs
a man's testicles to injure or crush them, which prevents him from having
children.
- Notice the
section before this condemns a man who will not raise up children through
his dead brother's wife: "“When brothers live together and one of
them dies and has no son, the wife of the deceased shall not be married
outside the family to a strange man. Her husband’s brother shall go in to
her and take her to himself as wife and perform the duty of a husband’s
brother to her. “It shall be that the firstborn whom she bears shall
assume the name of his dead brother, so that his name will not be blotted
out from Israel. “But if the man does not desire to take his brother’s
wife, then his brother’s wife shall go up to the gate to the elders and
say, ‘My husband’s brother refuses to establish a name for his brother in
Israel; he is not willing to perform the duty of a husband’s brother to
me.’ “Then the elders of his city shall summon him and speak to him. And
if he persists and says, ‘I do not desire to take her,’ then his
brother’s wife shall come to him in the sight of the elders, and pull his
sandal off his foot and spit in his face; and she shall declare, ‘Thus it
is done to the man who does not build up his brother’s house.’ “In Israel
his name shall be called, ‘The house of him whose sandal is
removed.’" (Deuteronomy 25:5-10)
- Therefore it is
understandable that reproductive organs were considered sacred and off
limits for women. Under the "eye for eye" law, if a man injures
another man's testicles, his testicles would be cut off.
- Since women
have no testicles, at least they didn’t used to until Canadian law
started allowing men who merely think they are women into the ladies
bathroom, they lost their hand instead.
- So Men who
injured another man's testicles had his cut off. Women had their hand cut
off. Which would you chose if you were a man, your testicles or your
hand?
- Some men think women got a lighter sentence for the
same crime. Where is the equality? Once again, women get the better deal! Deuteronomy 25:11-12
G. Public beating with
rod, birching, whipping posts, verbal rebuke/scolding:
- Notice that no one was ever put in
stocks, tied or chained to a post or restrained after the punishment was
over. Until very recently prisons and insane asylums would use the
whipping bench. But in Israel, the man had to voluntarily lay himself down
on the ground to be beaten with a rod by his victim!
- Public scolding's and rebukes took place
at the city gate:
- "“So the elders of that city shall
take the man and chastise him" (Deuteronomy 22:18)
- Adults were beaten in public up to 40
times. This is the origin of the "39 lashes": Deuteronomy
25:1-3; Proverbs 17:26; Proverbs 10:13; Proverbs 26:3
- Public whippings, floggings, birching in
the open town square were practiced in the USA and Canada up to 50 years
ago.
- "“If there is a dispute between men
and they go to court, and the judges decide their case, and they justify
the righteous and condemn the wicked, then it shall be if the wicked man
deserves to be beaten, the
judge shall then make him lie down and be beaten
in his presence with the number of stripes according to his guilt. “He may beat him forty times but no more, so that he does not beat him with many more stripes than
these and your brother is not degraded in your eyes." (Deuteronomy
25:1–3)
- "It is also not good to fine the
righteous, Nor to strike the noble for their uprightness." (Proverbs
17:26)
- "On the lips of the discerning,
wisdom is found, But a rod is for the back of him who lacks understanding."
(Proverbs 10:13)
- "A whip is for the horse, a bridle
for the donkey, And a rod for the back of fools." (Proverbs 26:3)
- "“And that slave who knew his
master’s will and did not get ready or act in accord with his will, will
receive many lashes, but the one who did not know it, and committed deeds
worthy of a flogging, will receive but few. From everyone who has been
given much, much will be required; and to whom they entrusted much, of
him they will ask all the more." (Luke 12:47–48)
- Innocent apostle Paul: "Are they
servants of Christ?—I speak as if insane—I more so; in far more labors,
in far more imprisonments, beaten
times without number, often in danger of death.
Five times I received from the Jews thirty-nine lashes. Three times
I was beaten with rods, once I was stoned, three times I was shipwrecked, a night
and a day I have spent in the deep." (2 Corinthians 11:23–25)
- Innocent Jesus: "But He was pierced
through for our transgressions, He was crushed for our iniquities; The
chastening for our well-being fell upon Him, And by His scourging we are
healed." (Isaiah 53:5) "Pilate then took Jesus and scourged
Him." (John 19:1)
- Christians today: "“But beware of
men, for they will hand you over to the courts and scourge you in their
synagogues; and you will even be brought before governors and kings for
My sake, as a testimony to them and to the Gentiles." (Matthew
10:17–18)
- Children were to be beaten with rods:
Proverbs 23:13-14; Proverbs 13:24; Deuteronomy 21:18
- Birching, the strap and the paddle were
used throughout the USA and Canada by principles in schools up into the
1980's. Indeed, this author got the strap 9 times by the grade school
principal on the hand with a leather strap for his multitude of
misbehaviors and adventures and look how he turned out! A preacher! Who
could argue with the wisdom of my principle now? As the proverb goes:
"If a child is misbehaving, sit the child on your lap and lovingly
and calmly comb his hair with a brush. If he continues to misbehave, use
the other end of the brush on the other end of the child on your
lap."
- If spankings didn’t work, they were
taken to the priest and stoned to death as rebellious children: Deut 21:18-21 (see Capital punishment
section)
- "Do not hold back discipline from
the child, although you strike him with the rod, he will not die. You
shall strike him with the rod and rescue his soul from Sheol."
(Proverbs 23:13–14)
- "He who withholds his rod hates his
son, But he who loves him disciplines him diligently." (Proverbs
13:24)
- "“If any man has a stubborn and
rebellious son who will not obey his father or his mother, and when they
chastise him, he will not even listen to them," (Deuteronomy 21:18)
- Modern laws that criminalize parents who
spank their children are satanic!
H. "cut off from
the people" (possibly death):
- The meaning of
being "cut off from the people" is not certain:
- It could be
interpreted as a king Public shunning, humiliation, shaming, marking,
ostracized or banishment
- It could mean
death.
- Adult
uncircumcised male:
- "“But an
uncircumcised male who is not circumcised in the flesh of his foreskin,
that person shall be cut off from his people; he has broken My
covenant.”" (Genesis 17:14)
- Eating leavened
bread during the Feast of Unleavened Bread:
- "‘Seven
days you shall eat unleavened bread, but on the first day you shall
remove leaven from your houses; for whoever eats anything leavened from
the first day until the seventh day, that person shall be cut off from
Israel." (Exodus 12:15)
- Manufacturing
anointing oil:
- "‘Whoever
shall mix any like it or whoever puts any of it on a layman shall be cut
off from his people.’ ”" (Exodus 30:33)
- Sex with a
menstruating woman:
- "‘If there
is a man who lies with a menstruous woman and uncovers her nakedness, he
has laid bare her flow, and she has exposed the flow of her blood; thus
both of them shall be cut off from among their people." (Leviticus
20:18)
- Eating blood:
- "‘And any
man from the house of Israel, or from the aliens who sojourn among them,
who eats any blood, I will set My face against that person who eats blood
and will cut him off from among his people. ‘For the life of the flesh is
in the blood, and I have given it to you on the altar to make atonement
for your souls; for it is the blood by reason of the life that makes atonement.’"
(Leviticus 17:10–11)
- Worshipping
while ritually unclean:
- "‘But the
person who eats the flesh of the sacrifice of peace offerings which
belong to the LORD, in his uncleanness, that person shall be cut off from
his people." (Leviticus 7:20)
- Not cleansing
yourself after touching dead person: "‘Anyone who touches a corpse,
the body of a man who has died, and does not purify himself, defiles the
tabernacle of the LORD; and that person shall be cut off from Israel.
Because the water for impurity was not sprinkled on him, he shall be
unclean; his uncleanness is still on him." (Numbers 19:13)
- Eating a
sacrifice three days after being killed:
- "‘Now when
you offer a sacrifice of peace offerings to the LORD, you shall offer it
so that you may be accepted. ‘It shall be eaten the same day you offer
it, and the next day; but what remains until the third day shall be
burned with fire. ‘So if it is eaten at all on the third day, it is an
offense; it will not be accepted. ‘Everyone who eats it will bear his iniquity,
for he has profaned the holy thing of the LORD; and that person shall be
cut off from his people." (Leviticus 19:5–8)
- Forsaking the
day of Atonement:
- "“On
exactly the tenth day of this seventh month is the day of atonement; it
shall be a holy convocation for you, and you shall humble your souls and
present an offering by fire to the LORD. “You shall not do any work on
this same day, for it is a day of atonement, to make atonement on your
behalf before the LORD your God. “If there is any person who will not
humble himself on this same day, he shall be cut off from his people. “As
for any person who does any work on this same day, that person I will
destroy from among his people." (Leviticus 23:27–30)
Conclusion:
- Confinement
of any type including jail, stocks, shackles and hooks etc. was something
completely foreign in the Jewish Legal system.
- This
is remarkable, since all the nations surrounding Israel used jails,
shackles and stocks.
- “the word spoken
through angels (Law of Moses) proved unalterable, and every transgression
and disobedience received a just penalty” (Hebrews 2:2)
- The Old
Testament law offered slavery an alternative to a prison systems found in
surrounding Gentile nations.
- The Mosaic
Penal Code prescribes beatings, scolding, death, fines and slavery but
never imprisonment.
- This
system, if instituted correctly, would transform and dramatically improve
the moral fiber of society in general, reduce crime, eliminate welfare
for the "capable of work but unemployed" poor, save billions of
dollars, boost the economy and reduce the need for immigration.
- The Abolition of
Slavery by a Bible thumping Christian named William Wilberforce.
- Slaves were
kidnapped and sold, treated them like animals, physically abused them
without any hope of ever getting free.
- People who
kidnapped slaves under the Law of Moses were stoned to death. If they
were physically abused, the slaves were freed the next day. The Bible
placed a max limit of 7 years as a slave and then everyone went free.
- God's way is so
superior to anything man could think up.
- Slavery is
regulated in the New Testament for Christians:
- “Slaves, in all things obey those who are your masters
on earth, not with external service, as those who
merely please men, but with sincerity of heart, fearing the Lord.
Whatever you do, do your work heartily, as for the Lord rather than for
men, knowing that from the Lord you will receive the reward of the
inheritance. It is the Lord Christ whom you serve. For he who does wrong
will receive the consequences of the wrong which he has done, and that
without partiality. Masters,
grant to your slaves justice and fairness,
knowing that you too have a Master in heaven.” (Colossians 3:22-4:1)
- “Slaves, be obedient to those
who are your masters according to the flesh, with fear and trembling, in
the sincerity of your heart, as to Christ; not by way of eyeservice, as
men-pleasers, but as slaves of Christ, doing the will of God from the
heart. With good will render service, as to the Lord, and not to men,
knowing that whatever good thing each one does, this he will receive back
from the Lord, whether slave or free. And masters, do the same things to them, and give up threatening, knowing that both their Master and
yours is in heaven, and there is no partiality with Him.” (Ephesians
6:5-9)
- Today we have a
greater problem and that is slavery to sin, which we can be set free
through the blood of Christ.
- “Jesus answered
them, “Truly, truly, I say to you, everyone who commits sin is the slave
of sin.” (John 8:34)
- “For if we have
become united with Him in the likeness of His death, certainly we shall
also be in the likeness of His resurrection, knowing this, that our old
self was crucified with Him, in order that our body of sin might be done
away with, so that we would no longer be slaves
to sin; for he who has died is freed from sin.” (Romans 6:5-7)
- “Therefore,
since the children share in flesh and blood, He Himself likewise also
partook of the same, that through death He might render powerless him who
had the power of death, that is, the devil, and might free those who
through fear of death were subject to slavery all their lives.” (Hebrews
2:14-15)
- “Do you not
know that when you present yourselves to someone as slaves for obedience,
you are slaves of the one whom you obey, either of sin resulting in
death, or of obedience resulting in righteousness? But thanks be to God
that though you were slaves of sin, you became obedient from the heart to
that form of teaching to which you were committed, and having been freed
from sin, you became slaves of righteousness.” (Romans 6:16-18)
- “Were you called (ie became a Christian)
while a slave? Do not worry about it; but if you are able also to become
free, rather do that. For he who was called in the Lord while a slave, is
the Lord’s freedman; likewise he who was called while free, is Christ’s
slave. You were bought with a price; do not become slaves of men.” (1
Corinthians 7:21-23)
- We were bought by Christ with his blood
and are how his slaves and his property:
- “You were bought with a price; do not
become slaves of men.” (1 Corinthians 7:23)
- “For you have been bought with a price:
therefore glorify God in your body.” (1 Corinthians 6:20)
- “But false prophets also arose among the
people, just as there will also be false teachers among you, who will
secretly introduce destructive heresies, even denying the Master who bought them, bringing swift destruction upon themselves.” (2 Peter 2:1)
- The price of a slave was 30 pieces of
silver and that is how much Judas betrayed Jesus for who went on to die on
the cross and buy us as slaves with his blood!
By Steve Rudd: Contact the author for comments, input or corrections.
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