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SOCIAL JUSTICE and the VISION of DEUTERONOMY Peter T. Vogt* I

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SOCIAL JUSTICE and the VISION of DEUTERONOMY Peter T. Vogt* I JETS 51/1 (March 2008) 35–44 SOCIAL JUSTICE AND THE VISION OF DEUTERONOMY peter t. vogt* i. introduction It has long been argued that the book of Deuteronomy presents a “human- itarian vision” for community life in Israel. Indeed, Moshe Weinfeld argues that “the primary aim of the Deuteronomic author is the instruction of the people in humanism, and in furtherance of this goal he adapts the various lit- erary traditions which were at his disposal.”1 Weinfeld divides the humanist laws of Deuteronomy into three major categories. They are: (1) Laws emphasizing the value of human life and human dignity. Ex- amples of these laws include the treatment of runaway slaves (Deut 23:16) and women war captives (Deut 21:10–14); restrictions on excessive corporal punishment, lest the victim be “degraded” (Deut 25:1–3); proper disposition of a corpse after an execution (Deut 21:22–23); and the regulation of the construction of roof parapets in order to minimize danger to human life (Deut 22:8). (2) Laws dealing with interpersonal social relations. These include calls for assisting aliens, orphans, widows, and the poor, as well as enjoining a positive attitude toward these marginal groups (Deuteronomy 15; etc.), reg- ulation of property rights (Deut 23:25), and warnings regarding the treat- ment of a hated wife and her son (Deut 21:15–16). (3) Laws dealing with the humane treatment of animals. Examples include prohibition of taking both mother and her young from the nest (Deut 22:6–7), and the requirement to refrain from muzzling an ox while it is treading out grain.2 Each category of laws may be seen as having a practical, human-centered basis rather than explicitly religious or theological ones, in Weinfeld’s view. This humanistic tendency is seen as having its roots in ANE wisdom lit- erature. Weinfeld notes that similarities in language between Proverbs and certain points in Deuteronomy suggest that the editorial framework of Deuteronomy, at least, was composed subsequent to the book of Proverbs, and maintains that the authors of the book were scribes trained in the wisdom traditions of the ANE.3 * Peter T. Vogt is associate professor of Old Testament at Bethel Seminary, 3949 Bethel Drive, St. Paul, MN 55112. 1 Moshe Weinfeld, “The Origin of the Humanism in Deuteronomy,” JBL 80 (1961) 242. 2 Ibid. 241, n. 1. 3 Moshe Weinfeld, Deuteronomy 1–11: A New Translation with Introduction and Commentary (AB 5; New York: Doubleday, 1991) 55–57. 36 journal of the evangelical theological society This humanitarian emphasis in Deuteronomy is coupled with a per- ceived tendency toward demythologization and secularization, in Weinfeld’s view. That is, Weinfeld maintains that Deuteronomy represents a repudia- tion of the theological understanding of earlier sources, and this more sophis- ticated understanding of the nature and presence of Yahweh, coupled with Deuteronomy’s tendency toward centralization of life and worship to a central sanctuary (Jerusalem, in Weinfeld’s view), results in a removal of certain institutions and practices from the realm of the sacred. Thus, the humani- tarian emphasis in Deuteronomy may be seen as an outgrowth of the tendency toward demythologization, secularization, and centralization. The new under- standing of Yahweh and his presence that is seen in Deuteronomy necessi- tates a new basis for understanding relations among the people of Yahweh. This new basis is found in humanism. It is, in my estimation, undeniable that Deuteronomy reflects tremendous concern for the dignity of all human beings, and that it does, in fact, repre- sent a different emphasis as compared to the earlier books of the Torah. Clearly, certain laws from the Book of the Covenant or Leviticus have been reworked to address the particular audience of Deuteronomy. Other laws are unique to Deuteronomy and reflect a somewhat different emphasis. But the question is why there are these differences, and whether or not the best explanation for them lies in a radical program of demythologization, secularization, and centralization such as that posited by Weinfeld. A thorough evaluation of Weinfeld’s understanding of the Deuteronomic program and its bases is, of course, well beyond the scope of this work. Else- where, I have argued for alternative explanations of the textual phenomena and presented a more thorough critique of the prevailing view of the book.4 This article will more specifically focus on the laws of release in Deuter- onomy 15 in order to account for the unique aspects of the laws in that chapter as compared to earlier books. I will argue that Deuteronomy 15 extends the concerns of the laws of release in Exodus and Leviticus by establishing a system whereby even the landless poor are cared for. Significantly, care of the landless and poor is established in Deuteronomy as one of the most im- portant measures of the effectiveness of the people of Israel in living out loyalty to Yahweh and, therefore, being the people of God. Thus, social justice is an important expression of relationship with Yahweh, and as such has at its core a profound theological and spiritual foundation, rather than a secularized humanitarianism. ii. the vision of deuteronomy 1. Laws of release in Deuteronomy 15. While social justice issues per- vade the entire book of Deuteronomy, we will focus on the laws of release 4 See my book, Deuteronomic Theology and the Significance of Torah: A Re-Appraisal (Winona Lake, IN: Eisenbrauns, 2006). One Line Short social justice and the vision of deuteronomy 37 in Deuteronomy 15. Deuteronomy 15 calls for the release of debts in the seventh year, and also for the release of slaves, who probably entered servi- tude because of indebtedness. Although it is debated whether this release originally was intended to be a total cancellation of the debt or referred to suspension of demands for payment during the seventh year, there is no doubt that later Jewish tradition understood this to be a complete cancellation of the debt.5 There are interesting parallels to this law of release in other legal texts in the OT. In Exodus 23, the law states that there is to be a release of the land, such that land is not to be cultivated by the landowner in the seventh year. The purpose for this “rest” for the land is so that the poor may harvest the food, and so that wild animals will also be able to eat of it (Exod 23:11). During this year of release, the produce of the land becomes common property, not just belonging to the landowner. Similarly, Leviticus 25 calls for the seventh year to be established as a year of rest—a Sabbath rest— such that the land is not tilled. The parallel law in Deuteronomy 15 is a third law demanding a release of some sort. It is important to note just what is happening in these three laws. In Exodus and Leviticus, the land is left fallow for a year. In Exodus, there is a clear humanitarian motivation for doing so, namely so that the poor and wild animals will be able to eat of the land. Clearly, this law is present to address the needs of the landless poor, since any landowner would be able to eat the produce of their own land, even during the fallow year (as Leviticus makes clear). In Leviticus, the motivation is more religious than humani- tarian, although it is possible or even likely that the form of the law in Leviticus is making explicit a religious motive that is implicit in the Exodus law.6 The humanitarian issues are addressed in other laws in Lev 19:9–10 and 23:22, so it would be a mistake to conclude that the concerns of Leviticus are exclusively religious and not humanitarian. In the same way, it would be wrong to conclude that Exodus is devoid of a religious motivation. Most relevant for our purposes, however, is the fact that in Leviticus, as in Exodus, the immediate beneficiaries of the law are landless poor. Indeed, it is hard to see how the year of the release of land benefits landowners in any way, as they are prohibited from harvesting the crops and selling them and, as Exodus notes, the poor may eat of what grows there. This stands in contrast to the provision in Deut 23:25, which protects the property owner from someone harvesting his grain from the fields. The law of release in Deuteronomy 15, however, extends concern for the poor to include landowners struggling under the crushing burden of debt. 5 Christopher J. H. Wright, Deuteronomy (NIBC; Peabody, MA: Hendrickson, 1996) 188. Peter C. Craigie sees this law as referring to the suspension of payments, not a cancellation of the debt itself (Deuteronomy [NICOT; Grand Rapids: Eerdmans, 1976] 236–37), as does J. Gordon McConville (Deuteronomy [AOTC 5; Leicester: Apollos; Downers Grove: Intervarsity, 2002] 258–60). 6 Christopher J. H. Wright, God’s People in God’s Land: Family, Land and Property in the Old Testament (Grand Rapids: Eerdmans, 1990) 146. 38 journal of the evangelical theological society It is easy to see how economic pressures could force a struggling landowner to borrow. Failed crops, increased taxation, or simple mismanagement could result in a landowner not being able to meet his obligations, and therefore having to borrow in order to meet them. Continued misfortune could lead to the loss of land and home, or even result in the selling of family members or themselves into slavery in order to pay off debts. The law of release in Deuteronomy 15 is expressly intended to put an end to this course of events.
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