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The Lord Forbid That I Should Give You the Inheritance of My Fathers

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The Lord Forbid That I Should Give You the Inheritance of My Fathers PRIMOGENITURE IN THE OLD TESTAMENT Towards a Theological-Ethical Understanding of Patriarchy in Ancient Israel Laiu Fachhai Dissertation presented for the Degree Doctor of Theology at the University of Stellenbosch Promoter: Prof. HL Bosman December 2007 DECLARATION I, the undersigned, hereby declare that the work contained in this dissertation is my own original work and has not previously in its entirety or in part been submitted at any university for a degree. ________________________ _________________________ Signature Date i ABSTRACT As the title suggests, this research is a study of primogeniture in the Old Testament towards a theological-ethical understanding of patriarchy in ancient Israel. Using the Ancient Near East as a wider context of the Old Testament, the research first analysed the Ancient Near East texts relating to primogeniture, i.e., texts relating to inheritance and succession. In so doing the research reveals that primogeniture was a generally practiced custom of most of the Ancient Near East societies, serving as a cornerstone for their patriarchal culture. The research also demonstrates that there were exceptions to the rule. For example, the Elamites practiced matrilineal and matrilocal customs. Within the general practice of primogeniture among most of the Ancient Near East societies, firstborns were often displaced in favour of younger sons. In some cases, daughters and wives could also inherit and own properties, although succession to the throne by daughters was rare. The central focus of the research is a socio-rhetorical criticism of the primogeniture text of Deuteronomy 21:15-17. Like in the Ancient Near East, this study also discovers that primogeniture was a generally practiced custom as well as a cornerstone of ancient Israel’s patriarchy. However, exceptions to this rule in ancient Israel seemed to be even more notorious than in those of other ancient Near East societies. The custom was often not followed. Daughters could also inherit. Firstborns were displaced by their younger brothers for prime heirship of the family as well as succession to the throne. This violation of primogeniture custom was theologically and ethically qualified and politically and ideologically appropriated. The research thus concludes that these theological-ethical qualifications as well as political-ideological appropriation of the violation of primogeniture based on socio-economic and religious-political changes of society indicate that patriarchy according to the Old Testament is not a static divine blueprint for all societies of all generations. Rather, patriarchy in ancient Israel was a dynamic socio-historical and theological- ethical process which was subjected to change, modification, reinterpretation, and re-appropriation according to socio-economic and religious-political developments of a given society. In the name of patriarchy, women had been denied their rights, robbed of their dignity and worth, and regarded as a second class image of God in many societies, then and now. Committed to correcting these wrongs, this research – arguing that patriarchy in the Old Testament is not so much a privilege as it is to a responsibility – challenges the contemporary hierarchical patriarchal ideologies, and contends for gender equality in all walks of life, remembering that we are all created equally in the image of God. ii OPSOMMING Soos die titel aandui, dek hierdie studie eersgeborenheid in die Ou Testament om 'n teologies-etiese begrip van die patriargie in antieke Israel te bewerkstellig. Teen die Antieke Nabye Ooste (ANO) as wyer konteks van die Ou Testament, analiseer die navorsing ten eerste die ONO-tekste wat betrekking het op eersgeborenheid, met ander woorde tekste wat verwys na vererwing en opvolging. In die proses het die navorsing aan die lig gebring dat eersgeborenheid 'n wydverspreide praktyk in die meeste ANO- gemeenskappe was en as hoeksteen vir hul voortbestaan en patriargale stelsels gedien het. Die navorsing het ook aangetoon dat uitsonderings op hierdie reël voorgekom het. So het die Elamiete byvoorbeeld matriliniêre gebruike gehad, asook waar die man by die vrou se familie gaan woon het. In die algemene gebruik van eersgeborenheid onder meeste van die ANO-gemeenskappe, is eersgeborenes dikwels vervang ten gunste van jonger seuns. In sommige gevalle kon dogters en eggenotes ook erflatings ontvang en vaste eiendomme besit, alhoewel troonopvolging deur dogters baie selde voorgekom het. Die sentrale fokus van die navorsing is 'n sosioretoriese kritiek op die eersgeborenheidsteks in Deuteronomium 21:15-17. Soos ten opsigte van die ANO, het die studie ook vasgestel dat eersgeborenheid 'n algemeen aanvaarde praktyk en ook hoeksteen van antieke Israel se patriargie gevorm het. Maar die uitsonderings op hierdie reël in antieke Israel was skynbaar selfs meer opspraakwekkend as in ander ANO- gemeenskappe. Die gebruik is dikwels nie nagevolg nie. Dogters kon ook vererf. Eersgeborenes is deur hul jonger broers vir die belangrikste erfporsie van die familie vervang, asook vir troonopvolging. Hierdie verbreking van die eersgeborenheidsgebruik is teologies en eties gekwalifiseer en polities en ideologies toegepas. Die navorsing kom dus tot die gevolgtrekking dat hierdie teologies-etiese kwalifikasies, asook die polities-ideologiese toepassing van die verbreking van eersgeborenheid, gebaseer op sosio-ekonomiese en religieus-politieke veranderinge in die gemeenskap, aandui dat patriargie volgens die Ou testament nie 'n statiese, godgegewe bloudruk vir alle gemeenskappe van alle generasies daarstel nie. Patriargie in antieke Israel was eerder 'n dinamiese sosiohistoriese en telogies-etiese proses, wat onderworpe was aan verandering, aanpassing, herinterpretasie en hertoepassing ingevolge soio-ekonomiese en religieus-politieke ontwikkelinge van 'n gegewe gemeenskap. In die naam van patriargie is vroue in baie gemeenskappe, destyds en vandag nog, ontneem van hul regte, van hul waardigheid en van hul waarde gestroop en beskou as 'n tweede klas beeld van God. Hierdie navorsing is toegewy aan die regstel van hierdie onregte en is van mening dat patriargie in die Ou testament nie sodanig 'n voorreg was nie as 'n verantwoordelikheid en daag daarmee die hedendaagse hiërargiese patriargale ideologieë uit. Dit spreek hom uit ten gunste van geslagsgelykheid in alle gebiede van die lewe, met in ag neming dat ons almal gelyk geskape is in die beeld van God. iii CONTENTS ABSTRACT i ACKNOWLEDGEMENT x ABREVIATIONS xi Chapter One INTRODUCTION 1.1 MOTIVATION AND OBJECTIVE OF THE STUDY 1 1.2 RESEARCH PROBLEM 12 1.3 RESEARCH HYPOTHESIS 12 1.4 METHODOLOGICAL CONSIDERATIONS 12 1.4.1 Qualification of the research title 12 1.4.2 A multidimensional exegesis with a theological-ethical emphasis 13 1.4.3 Researcher’s individual ideological location and relation to groups as an Interpretive methodology 18 1.4.4 Text and inclusive language 20 1.4.5 Structural outline of the research 20 Chapter Two A SURVEY OF PRIMOGENITURE IN THE ANCIENT NEAR EAST TEXTS 22 2.1 RATIONALE OF THE STUDY 22 2.2 A REVIEW OF SOME PUBLICATIONS ON ANCIENT NEAR EAST TEXTS 24 2.3 A BRIEF REVIEW OF SCHOLARLY OPINIONS ON THE ANCIENT NEAR EAST LAW COLLECTIONS 25 2.4 MARRIAGE AND FAMILY IN ANCIENT NEAR EAST 29 2.5 PRIMOGENITURE IN FAMILY INHERITANCE 30 2.5.1 Introductory observations 30 2.5.2 Inheritance in Mesopotamia 31 2.5.2.1 The Laws of Ur-Namma (ca. 2112-2095 BCE) on inheritance 31 2.5.2.2 A Sumerian court case on inheritance 32 2.5.2.3 Certain cases on the division of inheritance 34 2.5.2.4 The Laws of Lipit-Ishtar (1934-1924 BCE) on inheritance 35 iv 2.5.2.5 The Laws of Eshnunna (ca. 1770 BCE) on inheritance 39 2.5.2.6 The Laws of Hammurabi (ca. 1792-1750 BEC) on inheritance 40 2.5.2.7 Middle Assyrian Laws (11th century BCE) on inheritance 46 2.5.2.8 New Babylonian Laws on inheritance 49 2.5.3 Inheritance in Egypt 50 2.5.4 Inheritance in Syro-Palestine 52 2.5.4.1 Alalakh marriage contract (15th century) 52 2.5.4.2 Mari adoption contract (15th century) 52 2.5.4.3 The division of the estate between Appu’s two sons 54 2.5.5 Summary observation on inheritance in the Ancient Near East 55 2.6 PRIMOGENITURE IN ROYAL SUCCESSION 57 2.6.1 Introductory observations 57 2.6.2 Royal succession in Mesopotamia 58 2.6.2.1 Primogeniture in the mythical assembly (court) of the gods 58 2.6.2.2 Succession in Ur III Dynasty 59 2.6.2.3 Akkad dynastic prophecy 59 2.6.2.4 Royal succession in Old Babylon 60 2.6.2.5 New Assyrian inscription on royal succession 60 2.6.3 Royal succession in Egypt 61 2.6.4 Royal succession in Syro-Palestine 62 2.6.4.1 The public proclamation of Ammitaku 62 2.6.4.2 The autobiography of King Idrimi on royal succession (ca. 1500 BCE) 63 2.6.4.3 Royal succession in Ugarit 63 2.6.5 Hittite royal succession 64 2.6.5.1 A treaty of Hittite King Tudhaliya IV with his vassal King Kurunta of Tarhuntašša 64 2.6.5.2 The proclamation of Telipinu on Hittite royal succession 64 2.6.5.3 Vassal king’s duty in situation of strife for succession to the Hittite suzerain throne 65 2.6.6 Summary observations on royal succession in the Ancient Near East 65 2.7 INHERITANCE BY DAUGHTERS AND WIVES IN THE ANCIENT NEAR EAST 67 2.7.1 Introductory observations 67 2.7.2 Inheritance by daughters and wives in Mesopotamia 67 2.7.2.1 Certain cases on the division of inheritance 67 v 2.7.2.2 The Laws of Lipit-Ishtar on inheritance by daughters and wives 68 2.7.2.3 The Laws of Eshnuna on bridewealth and dowries 70 2.7.2.4 The Laws of Hammurabi on inheritance by daughters and wives 71 2.7.2.5
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