YAHWEH's COVENANT ON SINAI
Ruwach and form of the Law of YAHWEH
The twofold originality of the Law, Ruwach and form
Towards the end of the last century, and more especially in more recent years, archaeological excavations have discovered a considerable number of legislative texts of the ancient Near East. Yet in the present stage of our information there is nothing in all this harvest of documents to be compared with the Law of Mosheh. On the one hand we have the legal texts of Sumer, Egypt, Mesopotamia and the Hittite kingdoms. On the other hand are the ‘Ten Words’ of Sinai. The difference, both in form and Ruwach, is obvious and undeniable.
In Ruwach: from that date the individual’s moral conduct was to be regulated not by a penal code but -and this was a novel, unexpected and revolutionary notion -by the Law of an invisible and SET APART YAHWEH, WHO knows everything, sees everything and reads man’s soul like an open book.
In form: the common law of the ancient East was an inextricable mass in which it was easy to be lost and entangled, and which endeavoured to cover all kinds of particular cases; now there appeared a code of ten articles in which everything was said in a form that was both succinct and inclusive.
The Book of the Covenant; immediate solution for problems
Quite certainly the Law constitutes the kernel of Hebrew legislation. But it must be admitted that it is a rather abstract and generalized text; this was of set purpose. But the oriental of ancient times needed the precepts of the Law expressed in concrete formulas of a more accessible kind. Hence the Book of the Covenant.
There is no cause for surprise then if it appears to us as a collection of practical laws, providing the immediate solution for problems which crop up at every moment in daily life. In fact the Book of the Covenant is the application of the Law on the civil, criminal and set apart planes, all set down without methodical plan and with unexpected repetitions and occasional observations.
The Scriptures relates that the Book of the Covenant is the result of conversations which Mosheh had with YAHWEH on several occasions. HE spoke to him face to face. It remains to be seen, however, whether we possess the authentic text of these confrontations on Sinai. Everything points to the fact of the Book of the Covenant having developed over at least the whole period of the sojourn in the desert. In addition, reading of these articles shows clearly their close relationship with the old Semitic or Mesopotamian 5 common law of which they bear the obvious stamp. It must be added that this Book of the Covenant (like the Scriptural legislation in Shemoth, Vayiqra, Benidbar, and Devarim) was constantly revised during the following centuries by the Hebrew scribes, who were obliged to adapt the laws in accordance with the historical evolution taking place. But they took such care to remain in spiritual dependence on Mosheh that it is sometimes difficult to date the texts, except, of course, when characteristic anachronisms (articles concerning work in the fields, cultivation of the vine, beasts for ploughing, houses -so many features that do not apply to a civilization of wandering shepherds) show us clearly that the juridical text attributed to Mosheh was in fact adapted to new circumstances, brought up to date, completed and put in order.
5 Orientalists have remarked on the curious points of resemblance of the Book of the Covenant with the collections of Mesopotamian laws discovered in some of the libraries of the valley of the Two Rivers -the code of Lipit-ishtar, the code of Eshunna, the code of Hammurabi (now in the Louvre museum in Paris), the Hittite code It should be noted that there is no question here of direct borrowing from these oriental texts. It is one, rather, of the entirely normal continuity, in the circumstances, of the ancient Mesopotamian common law which assumed different shapes during the centuries and in contact with different civilizations.
The Covenant ratified; for ever to be hoped, between YAHWEH and HIS people (Shemoth 24)
The conditions of the Covenant, as laid down by YAHWEH, had now to be communicated to the Yisraelites. And so Mosheh received from YAHWEH the order to read out in public the articles of the Law and to ask the people whether they accepted the agreement. In answer they all cried out with enthusiasm ‘We will observe all the commands that YAHWEH has decreed’. At once Mosheh took care to put all the commands received on Sinai in writing. 6 The next day he read out the set apart text to the people gathered at the foot of the mountain.
Before the reading of the Book of the Covenant half of the blood of the sacrificed animals was cast on the altar. After the reading, the other half of the blood was used by Mosheh to sprinkle the people. ‘This,’ he said, ‘is the blood of the Covenant that YAHWEH has made with you, containing all these rules.’ Thus the ‘bond of life’ was established between the contracting parties, Yisrael became the People of YAHWEH.
This account belongs to the Elohistic tradition (Shemoth 24:7-8). A few lines further on in this same chapter the Yahwistic tradition provides another version of the events (Shemoth 24:9-11); here it is a question of a meal taken in the presence of YAHWEH on the mountain. Mosheh was there, of course, together with Aaron and his two sons and the seventy elders of Yisrael. There was a solemn sharing together of bread and salt; in this can be recognized the form of a ceremonial fellowship meal according to an archaic pattern. It should be noted that the two rites (sprinkling of blood, set apart meal) are in no way mutually exclusive. Obviously the Covenant had now been ratified, for ever it was to be hoped, between YAHWEH and HIS people.
6 Mosheh, as a former Egyptian scribe, must certainly have known the hieroglyphic writing of the Egyptians and cuneiform writing as well. He also knew, probably, the ancient Semitic writing of which archaeologists have discovered curious traces on the rocks in certain regions of Sinai -the characters of the last named probably resembled Phoenician writing. A subsidiary question arises here what language did Mosheh speak? Probably one of the Semitic dialects used in Lower Mesopotamia and related to Babylonian. This was the language inherited from the patriarchs. After 1200, when the Yisraelites settled in the Promised Land, they adopted Canaanite, which subsequently, with certain changes, was to become the language called Hebrew.
The Mosaic Law or Torah; The People of YAHWEH spiritually armed with the Law of YAHWEH
The Law, the very foundation of the Law, had been handed over, but this could be no more than the beginning of Mosheh’ work. Before leaving the region of Sinai, the Chosen People, called to the loftiest of spiritual missions, had to be endowed with a complete system of laws, with clear principles. The People of YAHWEH had to be spiritually armed with the Law of YAHWEH.
After the ratification of the Covenant the epic story continues: YAHWEH ordered Mosheh to take once more the steep path leading to the upper slopes of Horeb, then hidden in the clouds. Accompanied by the faithful Joshua, Mosheh climbed up the mountain. For six days the two Yisraelites camped half-way up awaiting YAHWEH's commands. On the seventh day YAHWEH summoned Mosheh: he was to go up alone towards the cloud and Joshua was to await his return. During this time Mosheh was to learn the principal themes of the Law.
There can obviously be no question in a book of this nature
of studying in detail this Mosaic Law or Torah, which is scattered about in
different books of the Old Covenant. Here all that can be attempted is a summary
which, respecting both the thought and the spirit of this legislation, divides
its numerous articles under three heads:
Set apart and moral elements;
Liturgical elements;
Social elements.
The Mosaic Law: the set apart and moral code, YAHWEH is a spiritual ABBA
YAHWEH is a ‘jealous ABBA’, ‘YAHWEH’S NAME is the Jealous ONE’ HE HIMSELF declared to Mosheh (Shemoth 20:5; 24:14). By this is to be understood that HE categorically refused to share worship and adoration with the other deities venerated by neighbouring peoples (Shemoth 20:3; 22:19; 34:14). YAHWEH of Sinai was not to be put on the same footing as the idols of Mesopotamia, Canaan and Egypt. HE vehemently rejected these nothings as HE termed the Egyptian idols. To YAHWEH, and to HIM alone, were due the homage, prayer and adoration of the people whom HE had chosen.
It was forbidden even to utter the name of another god. ‘Let it not be heard from your lips (Shemoth 23:3). It was equally forbidden, of course, to blaspheme the NAME of YAHWEH (Shemoth 22:27) or to set up on the altar gods of silver and gold. YAHWEH is a spiritual ABBA.
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