Seton Hall University eRepository @ Seton Hall Seton Hall University Dissertations and Theses Seton Hall University Dissertations and Theses (ETDs) Spring 5-13-2017 The oC venant of Deuteronomy and the Study of the Ancient Israelite Jurisprudence Kenneth C. Anyanwu [email protected] Follow this and additional works at: https://scholarship.shu.edu/dissertations Part of the Biblical Studies Commons, and the Jewish Studies Commons Recommended Citation Anyanwu, Kenneth C., "The oC venant of Deuteronomy and the Study of the Ancient Israelite Jurisprudence" (2017). Seton Hall University Dissertations and Theses (ETDs). 2543. https://scholarship.shu.edu/dissertations/2543 SETON HALL UNIVERSITY THE COVENANT OF DEUTERONOMY AND THE STUDY OF THE ANCIENT ISRAELITE JURISPRUDENCE. A THESIS SUBMITTED TO THE FACULTY OF THE JEWISH- CHRISTIAN STUDIES PROGRAM IN THE DEPARTMENT OF RELIGION IN PARTIAL FULFILLMENT OF REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS IN JEWISH CHRISTIAN STUDIES. BY KENNETH C. ANYANWU SOUTH ORANGE, NEW JERSEY APRIL 2017 i ©2017 KENNETH C. ANYANWU ii Approved Mentor Date Member of the Thesis Committee Date Member of the Thesis Committee Date iii Dedication This thesis is dedicated to the most precious Holy Spirit of God, the Spirit of wisdom and of understanding, the Spirit of counsel and of might (Isaiah 11:3) and to all lovers of wisdom, knowledge and learning. iv Acknowledgements Wisdom is inestimable, it is valued more than gold and understanding is priceless and regarded more than silver (Proverb 16:16); this enterprise is inspired by almighty God who is wisdom par excellence. It is undertaking in consonance with his injunction “Be eager to present yourself as acceptable to God, a workman who causes no disgrace, imparting the word of truth without deviation.” (2 Timothy 2:15) As a sequel to this, I want first and foremost to express my deep, sincere and unalloyed gratitude and appreciation to the Alpha and Omega, the Ancient of the Days, God the Almighty, who made this adventure a grand success. It is indeed a dream come true and I remain indebted to God for the particular concern he has shown me all through this exhilarating but challenging program. I remember in a special way, the Director of the Institute of Judaeo – Christian Studies, the Rev. Dr. Lawrence Frizzell, whom I describe as a living encyclopedia. I am very grateful for the great opportunity to participate in this program and benefit from his vast wealth of knowledge. I am indeed gratified. In the same vein, I thank my other professors, Rev. Dr. David Bossman and Rabbi Brill. I very much enamor your tutorial and pedagogical prowess. I thank also the vessel whom God used to avail me with the contact to the program, in the person of Sr. Rose Ahaneku; I am indeed grateful. Worthy of mention is the Secretary of the institute of Judaeo - Christian Studies, my good friend Jay Wolferman, who has been a great source of support and assistance to me all through this period. In fact, I have imbibed his philosophy of “Do it yourself “and that has now become my guiding principle. I am indeed very grateful. I thank my family for their support and prayers. I remember v my friends and classmates, Fr. John Opara, Irmina Czapiewska, Eve Shea, Ravan Cottrell and Fr Everest Baniyet- Njei. Finally, I thank all those who in one way or the other contributed in making my study at the Seton Hall University ( South Orange New Jersey) an impressive success, I pray that the good Lord will bless and reward you all abundantly. vi ABSTRACT “Happy are those whose way is blameless, who walk in the law of the LORD. Happy are those who keep his decrees, who seek him with their whole heart, who also do no wrong, but walk in his ways. (Psalm 119: 1 – 3) All through the ages, law and justice has been a condition for a smooth, egalitarian and peaceful society. A society devoid of law and justice is not only unthinkable but a bedlam of chaos, anarchy and disorder. No wonder the ancient Greek philosopher and sage, Aristotle said, “At his best, man is the noblest of all animals; separated from law and justice he is the worst.” Generally speaking, law moves those who are subject to it to act aright. It belongs to the law to command and to forbid. Law is a rule and measure of acts, whereby man is induced to act or is restrained from acting: for “lex” [law] is derived from “ligare” [to bind], because it binds one to act. Justice is a concept that applies only to other-directed human actions. The question of justice and injustice only arises when there are multiple individuals and some practical considerations regarding their situations and or interactions with one another. In one sense, it is a concrete, objective, and recognizable principle (i.e., respect for individual rights) that provide the foundation for a free society According to Jochen Boecher in his book, The Administration of Justice in the Old Testament, “There is neither doubt nor dispute among scholars over the enormous importance of law in ancient Israel. The law influenced the life and thought of Old Testament man to an amazing extent. The consequence of this is that even the theological concepts of the Old Testament were essentially molded by Israel’s thinking on the Law.” (27) vii The concept of covenant is at the basis of ancient Israelite law and justice. The Israelites had to keep this covenant by obeying the laws of God in order to enjoy the blessings attached to them. In the context of the ancient Israelite law and justice, the Law is not merely a binding force but a loving guide offered by God to his people. Just as a parent provides guidance for a child, so the Lord provides guidance for Israel. This guidance is loving and protective, even if at times it may be strict and even difficult (Deuteronomy 8:1 – 5); because this guidance is an expression of God’s benevolence, it is gracious. Similarly, just as a child experiences delight in following a parent’s guidance, so Israel may experience delight in following the Lord’s guidance (Psalm 19:8). Thus, both the giving and the receiving of the Torah are gestures of love and joy. Jewish tradition has a festival called “simhat torah”, which means “rejoicing over Torah”. In this festival, the participants parade around the synagogue holding the sacred scroll of the Torah over their heads dancing and singing for joy. This festival, which continues to this day, has its roots in the Deuteronomic understanding of God’s will for Israel. At the beginning and at the end of law code ( Deut.12:7,12,18; and 26:11, respectively ) as well as in between ( 14:26;16:11,14 ), Israel is told to “ rejoice “ or “ celebrate.” While the gift of a bounteous land and its harvests is sometimes the immediate cause for celebration (14:26; 16:11, 14), in the end, Israel is also called to “rejoice in all the good which the Lord your God has given to you” (26:11RSV). For Deuteronomy, this gift of grace also includes the law itself. The giving of the law is an expression of God’s love; thus, obedience to the law is a joyful act of love in response. viii ABBREVIATIONS Chron……………………………………Chronicles Col……………………………………… Colossians Deut………………………………………Deuteronomy Eph……………………………………… Ecclesiasticus Exod………………………………………Exodus Ezek………………………………………Ezekiel Gen……………………………………… Genesis Hos……………………………………… Hosea Kgs…………………………………………Kings Lev…………………………………………Leviticus Matt…………………………………………Matthew Prov…………………………………………Proverbs Ps……………………………………………Psalms Rom…………………………………………Romans b. Talmud……………………………………Babylonian Talmud BCE…………………………………………Before Common Era CCC…………………………………………Catechism of the Catholic Church CE……………………………………………Common Era Impf…………………………………………..Imperfect JBL……………………………………………Journal of Biblical Literature Kid…………………………………………….Kiddushin m. Avoth………………………………………Mishnah Avoth NRSV…………………………………………New Revised Standard Version NAB…………………………………………...New American Bible ix ZAW NE ………………………….Zeitshrift fir alttestamentliche Weisenchaft Neu folge JNES……………………………….Journal of Near Eastern Studies B.A…………………………………Biblical Archeologist ICC…………………………………International Critical Commentary HUCA………………………………Hebrew Union College Award JSOT Journal for Study of Old Testament. x Contents Acknowledgements…………………………………………………………………………………………………………………..i Abstract…………………………………………………………………………………………………………………………………….ii Abbreviations…………………………………………………………………………………………………………………………….iv Introduction……………………………………………………………………………………………………………………………….1 1. The book of the covenant (Exodus 20 – 23)……………………………………………………………………………….3 1.1 The Historical Background of the book of the covenant………………………………………………………….3 1.2 Mount Sinai and the book of the covenant…………………………………………………………………………………11 1.3 The book of the covenant and the code of Hammurabi………………………………………………………......15 11. The book of Deuteronomy as the second book of the covenant……………………………………………….20 2.1 The book of Deuteronomy: Historical locale and context…………………………………………………………20 2.2 The Authorship of the book of Deuteronomy…………………………………………………………………………….23 2.3 The Structure and form of the book of Deuteronomy……………………………………………………………….24 2.4 The Discovery of the book of Deuteronomy……………………………………………………………………………..25 A) Traditions that supports the link between the reforms of Josiah and Deuteronomy………………..27 B) Objections to the traditions……………………………………………………………………………………………………………28 2.5 The types of laws in ancient Israel…………………………………………………………………………………………….29 111. The Development of legal and ethical norms in Israel…………………………………………………………..32 3.1 Legal and ethical norms in Israel (pre-state and Mosaic laws)……………………………………………..32