Deuteronomy and the Book of the Covenant

A close reading of the Deuteronomic Code (Deuteronomy 12-26) shows this legal collection to be a commentary of sorts on the earlier collection of Hebrew laws, the Book of the Covenant (Exodus 21-23). Again and again, the Deuteronomic writer refers to and builds upon specific themes and principles raised in the earlier collection of laws.

While the Book of the Covenant seems to provide structure to a simple, semi-sedentary agricultural village society, the Deuteronomic code speaks to a more complex society and economy of city states, monarchical government, social class divisions, and external pressures from neighboring peoples.

At the same time, Deuteronomy builds on earlier traditions from the period of the conquest of Canaan and the tribal confederacy. We see this earlier influence most clearly in Deuteronomy's emphasis on the necessity of standardized ritual worship in a single sanctuary, the centrality of covenant and the renewal of the covenant, the negative regard for the institution of the monarchy, and the repeated appeal to the "holy war" tradition. 

These early themes are remolded – updated and expanded to changing social and economic realities – by Deuteronomy's new emphasis on an absolute centralization of the sanctuary (with the attendant destruction of all local shrines and the end of family-based worship), the "name theology" which moves away from the primitive notion of the sanctuary as God's dwelling place, the fleshing-out of the concept of the election of Israel, and updating of laws beyond property rights to social justice concerns (care for the widows, the orphaned, and the immigrant) – themes first found in Hebrew literature in the pages of the Deuteronomic code.

Refer to the linked document below to compare the relatively primitive legislation of the Book of the Covenant and the clear extension and updating of early principles in the Deuteronomic code.

Download The Book of the Covenant and Deuteronomic Code Parallels.

Law Collections of the Pentateuch

There are four distinct, self-contained collections of laws found in the Hebrew Pentateuch – the "books of Moses": Genesis, Exodus, Leviticus, Numbers, and Deuteronomy. Each of these collections is clearly delineated by (1) opening and closing formulae, (2) repetitive vocabulary – key words and phrases that are regularly used in introductory formulae, transitional passages, and points of particular emphasis – and (3) recurring themes – large overall literary motifs that tie the individual laws together into a cohesive whole.

These four legal collections are 

• The Decalogue (The Ten Commandments) – Exodus 20
• The Book of the Covenant – Exodus 21-23
• The Holiness Code – Leviticus 17-26
• The Deuteronomic Code – Deuteronomy 12-26

 In the Pentateuch, these law collections are nestled within lengthy narrative passages that tell the story of ancient Israel's exodus from Egypt, initial reception of the law at Mount Sinai, generational wandering in the desert, and impending entrance into Canaan. Along with these narratives are a smorgasbord of rules and regulations which are not a coherent whole, but rather a compilation of loosely connected laws. Since most of these laws reflect a priestly outlook focusing on Hebrew worship, sanctuaries, sacrifices, and Levitical oversight, this loose conglomeration is often referred to as the "Priestly Code." This name should not be taken to suggest that these laws have the same literary unity and cohesion as the Decalogue, the Book of the Covenant, the Holiness Code, and the Deuteronomic Code.

Each of the collected law books – the Decalogue, the Book of the Covenant, the Holiness Code, and the Deuteronomic Code – reveals clues as to the time and social setting of their collection. Each collection seems to codify – place in written form – laws that speak to a specific and changing historical setting. Clearly, these collections are often built around existing and, in some cases, much earlier individual laws. Equally true, there seems to be a progression among the law "books" with later collections building on earlier collections, revising more primitive laws to apply them to changing social and economic realities.

This trajectory – devotion to early law codes that are revisited and re-applied in future generations – is exactly the same trajectory we see in the later "oral" law and the centuries-long debates among the Jewish rabbis about when and where and how ancient Israel's laws are to be applied in later generations.

Second Temple Judaism and Works Righteousness

Second temple Judaism was not a religion of works righteousness. Judaism was always – and still is – a religion of electing grace and covenant relationship. Such faith is not found only in the Qumran community and documents from the late second temple period. "Election precedes covenant which is lived out by following Torah instruction" is the heart of Exodus 19-20 and Deuteronomy 6-7 – which is, in turn, the heart of the Hebrew scriptures. (This is also the heart of Jesus' and Paul's understanding and practice of Torah faithfulness.)

Paul clearly states in Galatians 2:15-16: "We who are Jews by birth and not sinful Gentiles know that a person is not justified by the works of the law." Torah was given in the context of covenant. Covenant was born from gracious election. To be Torah observant never meant living a life of "sinless perfection meriting salvation." Rather it meant to live under the umbrella of God's election and covenant, observing Torah instructions as moral and purity imperatives and availing one's self of the redemptive provisions of the sacrificial system when falling short.

The tendency to fall into legalism is an ever-present temptation in all expressions of ethical monotheism – and I am quite sure that some in second temple Israel succumbed to self-righteousness and exclusion of those who did not live up to their standards. But this is not the essence of biblical faith. Jesus did not find shortcomings in the law of Moses. And in whatever way we understand Paul (unless we want to admit that he is the true founder of the Christian faith), we must start with his fundamental agreement with Jesus' own faith and his proclamation that the "end of the age" was dawning. This proclamation included the defeat of the powers, the restoration of Israel, the inclusion of the Gentiles in the people of God, and the resurrection of the dead – of which Jesus is the first fruits and the certain guarantee that the "kingdom of God" has come. This vision is the fulfillment of the Hebrew faith, not its rejection.

Both Jesus and Paul were Torah observant Jews. Neither argued that Jews were no longer bound by Torah obligations. Jesus charged the Pharisees with hypocrisy, failing to live up to the standards they set for others; he never charged them with heresy. When asked the greatest commandment, he quoted Deuteronomy and Leviticus. To the rich ruler's question, he replied, "Observe the law." The context for interpreting the teaching of Jesus and Paul is Torah observant Judaism at the end of the "old age" and the coming of the "new." It is precisely the end time inclusion of the Gentiles – and their relationship to the traditional Hebrew faith – that raises the controversies that Paul struggles against in his letters.

Jesus, Paul, and Early Rabbinic Schools

The rhetoric and teaching methods of Jesus and Paul are best understood as part of the emerging rabbinic movement that would come to dominate Judaism after the destruction of the second temple. Like the Pharisees – the contemporaries of Jesus and Paul and the predecessors of the post-temple rabbis – both Jesus and Paul engaged in public Torah interpretation and controversy.

Jesus' disagreements with his opponents did not mean he rejected Torah obligations. They meant exactly the opposite. Jesus actively engaged in the interpretive debates about Torah interpretation between the early rabbinic schools of Hillel and Shammai – sometimes agreeing with one, sometimes the other, and sometimes challenging both with his own fresh application of the Torah to the challenges of the day. Many sayings of Jesus are halakhic statements that amend or modify traditional Torah precepts to conform to contemporary conditions. The collected sayings of Jesus in Matthew's "Sermon on the Mount" are quite simply the "Torah according to Jesus" – comparable to the collected Torah interpretations of other first century rabbis. Jesus ethics and eschatology only make sense inside second temple Judaism.

Paul – a Pharisee probably of the house of Shammai – never rejected his Jewish roots, education, or affiliation after his "conversion" to Christ. Although his Jewish worldview was radically reordered by the resurrection of Jesus and its eschatological implications, Paul remain a student of the Hebrew scriptures. His letters are replete with appeals to authoritative scriptural references. It appears that he remained Torah observant until his death – even though he embraced the prophetic role of "apostle to the Gentiles." Paul's "rabbinic" rhetoric is on display in the lively "debates" with his opponents in his letters.

Unlike Jesus, Paul seldom argued with Jewish scholars about the interpretation of Torah. Rather, his rhetorical flourishes were reserved for those who attacked the basic premise of his mission: the inclusion of Gentiles as "Gentiles" (with no Torah demand) in the end time people of God. Paul's opponents were perhaps Jews who demanded a proselyte conversion to Judaism before Gentile eligibility for inclusion into God's people. More likely, these opponents were Gentile proselytes who had themselves already taken on Torah obligation and felt that their fellow Gentile must follow the same path into God's end time community. Whichever may be the case, Paul wielded the Hebrew scriptures and rabbinic forms of rhetoric as weapons in the wars with those who would deny the validity of his mission to the Gentiles.

Deuteronomy and Ancient Near Eastern Treaties

Adopted from J. A. Thompson's The Significance of the Ancient Near Eastern Treaty Pattern.

In 1954, G. E. Mendenhall (1954) recognized that the treaty pattern and language of the ancient Near East (ANE) is often repeated in the Old Testament covenant passages. The Hittites as early as the second millennium BCE formulated the basic structure of suzerainty (or vassal) treaties. This basic structure was later revised by the Assyrians in the 750s BCE – the vassal treaties of Esarhaddon's succession (VTE).

The standard elements in these treaties were

•   the preamble, which gave the names and titles of the parties involved,
•  the historical prologue which outlined the events that led up to the treaty,
•  the stipulations, which were of two kinds—the general principles on which future relations were to be built, and the specific stipulations which arose out of these general principles,
•  the divine witnesses and guarantors of the treaty, and
•  the associated blessings and curses for treaty keeping and violation. 

Other elements appear in many of the ANE treaties such as

•   the requirement to deposit the treaty in the temple,
•    to read it periodically in a public assembly, and
•    to secure the continuity of the treaty by a suitable succession on the vassal's throne.

 There is also a good deal of evidence that a religious ceremony accompanied the ratification of a treaty. Quite commonly blood sacrifices were offered on such an occasion. The formal oath, of acceptance and the preparation, sealing, handing over and acceptance of the treaty document were also essential elements in the total proceedings.

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The book of Deuteronomy is organized around the ANE vassal treaty structure.

• Preamble: Deuteronomy 1:1-5
• Historical prologue: Deuteronomy 1:6-4:40
• Basic stipulation of allegiance: Deuteronomy 5-11
•  Covenantal clauses: Deuteronomy 12-26
• Invocation of witnesses: Deuteronomy 4:26; 30:19; 31:28
• Blessings and curses: Deuteronomy 28

 Deuteronomy "ends" with a covenant renewal ceremony described in Deuteronomy 29-30, where the assembled Israel "renews" the vows from Sinai.  This is followed by the succession of Joshua to Moses' leadership role of Yahweh's vassal people, Israel.

This covenant renewal ceremony is repeated at Shechem under the leadership of Joshua following the "conquest" of the Canaanites (Joshua 24) and again at Gilgal under the leadership of Samuel (I Samuel 14).

Later Jewish practice associated the giving and renewal of the covenant (specifically, the giving of Torah and Israel's renewed commitment to it) with the feast day of Shavuot (Pentecost).

Ancient Near Eastern Texts and the Earliest Biblical Writings (4 of 4)

Encoding the Covenant Law in the Bible (Part 4 of 4)

            The compilation of written law codes in the ancient Near East is well known. Several Hittite treaties have clauses requiring their periodic reading in public, and the same would be true of what Moses wrote (cf. 31:24). In the treaty between Suppiluliumas and Kurtiwaza, for instance, the code was to be read “at regular intervals.”[7] The precise extent of what Moses actually wrote is debated. It is unnecessary to suppose that he wrote the entirety of the Torah as we now have it (especially the account of his own death), but it is equally unnecessary to suppose that everything was recorded later from oral tradition, as some scholars have suggested (or was made up later and does not even date back to Moses). Linguistically, we have only sparse indications of the state of the Hebrew language at this early period, and whatever form Moses used, it may well have needed updating later. Indeed, the Hebrew text of Moses’ song contains more than a dozen hapax legomena as well as some complicated syntax which remain as challenges for any translator. However one wants to speculate on exactly what Moses wrote, the text clearly indicates that he wrote some form of the covenant law and delivered it to the priests and elders for safekeeping and periodic reading. There was to be a public reading every seven years during the Festival of Booths “at the place God would choose” (cf. 15:1ff.; 16:13-15).

There are even some passages describing Moses as writing, such as, Dt. 31:9, which refers to an unspecified section of law codes, Dt. 31:19, 22, (referring to chapter 32), and 31:24ff. (probably referring to the Decalogue). Such references suggest that portions were written out as smaller segments prior to the compilation of the whole. The rabbinical custom of referring to everything in the Pentateuch as the words of Moses, of course, was adopted by the writers of the New Testament, but this convenience of speech does not necessarily support the view that Moses personally penned the entire corpus. One can only speculate how long elements in Deuteronomy and other books in the Pentateuch may have been preserved as oral tradition before being codified. A generation later, Joshua is commanded to obey the “book of the law” (Jos. 1:7-8), a reference that seems to refer to the contents of Deuteronomy 5-26 or 5-30. Joshua is familiar with the law code that altars were not to be fashioned using an iron tool (Jos. 8:31; Dt. 27:5), and indeed, the whole ceremony in the Shechem Pass is based on the anticipation of this ceremony as described in Deuteronomy (Jos. 8:30-35; Dt. 27). Even later, Joshua is said to have drawn up decrees and laws which then were recorded in the “Book of the Law of God”, so apparently Joshua, also, had a hand in the composition of the Torah (cf. Jos. 24:25-26). Even later references also cite the “Book of the Law,” expressions that clearly seem to refer to at least portions of Deuteronomy (cf. 2 Kg. 14:6//2 Chr. 25:4; Dt. 24:16). Certainly some of the prophets knew of law codes that were preserved in Deuteronomy (cf. Hos. 5:10//Dt. 19:14; Am. 8:5 and Mic. 6:10ff.//Dt. 25:13ff.; Am. 4:4//Dt. 14:28; Hos. 4:4ff.//Dt. 17:12), but whether all these things were an oral memory or reference to a written code is unclear.

These, then, are some of the factors that must be considered when assessing the earliest written documents in the Bible. As Christians, we believe that God superintended this production, which is what we mean by the term inspiration. At the same time, these biblical texts bear the stamp of history so that it can be fairly said that this is the Word of God in the words of humans.

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[7] ANET (1969), p. 205.

Ancient Near Eastern Texts and the Earliest Biblical Writings (3 of 4)

Law Codes

            Along with literary writings, many of the political writings uncovered from the ancient world have proven relevant to our understanding of the Old Testament.  Among these, law codes in particular have provided links between the Bible and the ancient Near Eastern world.  Two of the more well-known examples are the Nuzi texts and the Code of Hammurabi which bear special relevance to the Patriarchal and Mosaic periods of Israelite history respectively.

            The Nuzi texts consist of about 20,000 clay tablets inscribed by a people called the Hurrians who lived in the Zagros mountains around the 15^th century BC.  The texts consist primarily of private and public legal documents which, while not particularly interesting to read, are very helpful for understanding the social customs of the period.  In many cases, the social conditions and customs described in the Nuzi tablets parallel those described in the Patriarchal period of the Old Testament (i.e., the period of Abraham, Isaac, and Jacob).  For example, the laws of inheritance at Nuzi held that a double-portion of a father’s estate was to be given to the eldest son.  In addition, the eldest son held the right to sell his double-portion if he so chose (cf. Jacob and Esau, Gen. 25:29-34).  The laws of inheritance at Nuzi also indicate that if a man had no son to be his heir he could adopt an heir of his choice (cf. Abraham and Eliezer, Gen. 15:1-3) or produce an heir through his wife’s maidservant (cf. Abraham and Hagar, Gen:16:1-4). The Nuzi texts also contain regulations concerning the possession of household gods (Gen. 31:19) as well as the practice of conferring oral blessings on others (cf. the blessing of Isaac, Gen. 27:1-40; the blessing of Jacob, Gen. 49:1-28).  Parallels such as these have provoked a good deal of speculation and debate among scholars with regard to the historical setting of the Patriarchal narratives.

            Another ancient Near Eastern law code called the Code of Hammurabi was inscribed on a pillar by the great Babylonian king Hammurabi sometime around the 18^th century BC.  As with the Nuzi texts, there are various parallels between the Code of Hammurabi and the Old Testament.  The first and, perhaps, most striking of these is Hammurabi’s claim to have been given the code by Shamash (i.e. the sun-god) on a mountaintop (cf. Exodus 19:20).  The Code of Hammurabi also contains various structural similarities to the Law of Moses as contained in Exodus 20-23, although nothing resembling the Ten Commandments is found in either the Code of Hammurabi or any other ancient Near Eastern law code for that matter.  In both codes, the principle of Lex Talionis (i.e. “an eye for and eye, a tooth for a tooth”, cf. Ex. 21:24; Lv. 24:20; Dt. 19:21) provides the basic framework for the concept of justice and, in addition, many of the specific case laws are remarkably similar. These include punishments for striking one’s parents (cf. Exodus 21:15), assaulting a pregnant woman (Exodus 21:22), failing to restrain a goring ox (Exodus 21:28-32), theft (Exodus 22:1), and adultery (Exodus 22:16).  As with other ancient Near Eastern texts, the significance of these similarities is debated among scholars who arrive at different conclusions.

 

Summary

            While this brief introduction to ancient Near Eastern texts is far from exhaustive, it does provide a taste of what scholars are doing when comparing the Bible to other ancient Near Eastern texts.  The four texts dealt with above constitute only a small portion of what ancient Near Eastern literature has to offer the field of Biblical studies, but they are certainly among the most complete and relevant in the field.  Some other texts frequently addressed in relation to the Bible include: the Sumerian King List (describes ten rulers from before the flood with reigns lasting from 18,000-40,000 years), the Legend of Adapa (Mesopotamian legend mentioning the tree of life), the Amarna Letters (letters written from Palestine requesting Egypt’s aid against a group of people called the Hapiru—possibly Hebrews), the Baal Cycle of Myths (Canaanite mythology about the god Baal), the Ur-Nammu Law Code, the Lipit-Ishtar Law Code, the Hittite Law Code, and the Eshnunna Law Code.

            The relationship between these ancient Near Eastern texts and the text of the Bible have intrigued scholars for many years. One thing generally agreed upon is that of these ancient texts, the biblical texts were composed later than the Mesopotamian texts by even the earliest possible date for the exodus. Hence, one cannot argue that the Mesopotamians borrowed from the Bible. The inverse is possible, of course. The authors of the Bible may have borrowed ideas from the Mesopotamian texts, and in fact, most historical-critical scholars arrive at such a conclusion. Still, at least two other reasonable possibilities exist. One is that there was a common stock of ancient oral tradition that was older than and lay behind both the biblical and Mesopotamian materials. The other is that the Genesis accounts of the creation and flood may be apologetic material aimed at correcting the false cosmogonies of Mesopotamia. Either of these hypotheses would account for the linguistic links and literary parallels between the various texts.

Ancient Near Eastern Texts and the Earliest Biblical Writings (2 or 4)

Creation Texts

            One of the most important literary themes in the ancient Near East was cosmogony (i.e., the story of how things came into being).  Among the cosmogonies of the ancient Near East, the earliest and most enduring were produced by those cultures to whom we owe the invention of writing, Mesopotamia and Egypt. The Mesopotamian cosmogony, in particular, bears a number of resemblances to the creation account found in Genesis 1 and continues to be a subject of perennial interest to scholars and archaeologists.

            The Mesopotamian cosmogony, Enuma Elish or “when on high”, originated in ancient Babylonia probably sometime around 1800 BC.  The story tells how the world was created by the gods of fresh water and salt water, Apsu and Tiamat, and how through their union the other gods and goddesses were born.  Almost immediately, however, discord arose between the primordial gods and their descendants, and Apsu and Tiamat decided to kill off their offspring.  Upon discovering this, one of the lesser gods, Ea, killed Apsu, while another god, Marduk, was chosen to lead the others in war against Tiamat.  Marduk, the god of storm, eventually defeated Tiamat with weapons of thunder, lightening, and wind, and took his place as king among the gods.  Marduk then attended to the task of creation.  Out of one half of Tiamat’s body he made the earth, and out of the other half he made the heavens. Out of the blood of one of Tiamat’s appointees, Marduk appointed Ea to fashion human beings… “savage man I will create, and he shall be charged with the service of the gods, that they might be at ease!”4.  Finally, Marduk appointed different roles to the gods, set the cosmos in order, and celebrated with a divine banquet.

While the theological differences between Enuma Elish and the Biblical account of creation are obvious enough, there are nevertheless numerous parallels.  The larger part of these are purely linguistic in nature, but the most striking, and the one for which Enuma Elish is the most famous, concerns the order of creation.  In both accounts, the creation of the universe occurs in discrete phases, with the gods or God resting on the last.  Furthermore, the details of each specific phase of creation are identical: the first involving the creation of light; the second, the dome of the sky; the third, the creation of dry land, and so on. The strength of this parallel has led to an unending debate among scholars concerning the precise nature of the relationship between Enuma Elish and Genesis chapter 1. Scholarly opinion ranges from the view that there is no close relationship between the two5 to the view that the latter is directly dependant upon the former6.

 

Flood Texts

            Interestingly, more than 200 flood texts have survived from cultures around the world. The earliest flood texts come from Mesopotamia and Egypt and record the occurrence of a world-wide deluge parallel to the one spoken about in Genesis 6-9.  Of the two, the Mesopotamian account is again the one that bears the closest resemblance to the story in the Bible.

            The Mesopotamian flood story is actually only one part of a much larger literary work called the Epic of Gilgamesh.  The work was written somewhere in the vicinity of ancient Babylonia by no later than the end of the Early Bronze Age (ca. 2000 BC).  In the epic, the story tells how the hero king and semi-divine being, Gilgamesh, overworks his subjects to such an extent that the gods endeavor to divert his attention by creating for him a companion, Enkidu, of equal strength and ambition. Quick to become friends, Gilgamesh and Enkidu embark on a series of successful heroic adventures.  Eventually, Enkidu dies prompting Gilgamesh to undertake the greatest and most challenging quest of all—the search for eternal life.  In his quest, Gilgamesh searches to the ends of the earth to find the legendary Utnapishtim, who alone among humans is said to have attained eternal life.  When Gilgamesh finally finds Utnapishtim, Utnapishtim recounts to Gilgamesh the story of the great flood and how he alone among humans survived and was granted the gift of eternal life by the gods.  As for Gilgamesh, however, Utnapishtim remarks that he can expect no such gift from the gods.  However, Utnapishtim does tell Gilgamesh of a secret plant hidden at the bottom of the sea which, if one eats it, can rejuvenate the life of one that has grown old.  Thereupon, Gilgamesh recovers this plant and attempts to return home with it, but is deceived by a serpent who eats it while he is bathing in a pool.  At long last, Gilgamesh despairs of his search for eternal life and endeavors to take joy in the work of his hands.

            As in Enuma Elish, the thematic differences between the Babylonian account of the flood and the Biblical account of the flood are readily apparent.  Nevertheless, some remarkable parallels exist.  For example, in Utnapishtim’s flood narrative, he tells of how, being warned by the gods that a flood was imminent, he built a ship and sealed it with pitch in order to survive (cf. Gen. 6:13-14).  In addition, just like Noah, Utnapishtim kept animals on the ship in order to preserve the various species (cf. Gen. 6:19-21).  Utnapishtim also sent birds out of his ship in order to ascertain whether or not the flood had stopped (cf. Gen. 8:6-12).  When at last the flood had ceased, the ship came to rest on a mountain where, upon exiting his ship, Utnapishtim offered sacrifices to the gods (cf. Gen. 8:20).  As in Enuma Elish, the relationship between the book of Genesis and the Epic of Gilgamesh continues to be a source of scholarly interest and debate.

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4 J. Pritchard, The Ancient Near East: An Anthology of Texts and Pictures (Princeton: Princeton University, 1958), p. 38.

5 K. Kitchen, The Bible in its World (Downers Grove, IL:  IVP, 1977), p. 26-27.

6 E. Speiser, Genesis [AB] (Garden City, NY: Doubleday, 1964), pp. 9-11.

Ancient Near Eastern Texts and the Earliest Biblical Writings (Part 1 of 4)

The Origin and Development of Writing

            The first indisputable examples of writing appear on clay tablets and were found at the site of Uruk in lower Mesopotamia.  These mark the transition from “prehistoric” to “historic” civilization and are roughly contemporaneous with the onset of the Early Bronze Age (i.e. 3200 BC).  The content of these early texts has proved for the most part to be undecipherable.  However, scholars are generally agreed that the Uruk texts constitute an early written form of the Sumerian language.  Shortly after the appearance of this cuneiform (i.e. “wedge-shaped”) writing in Mesopotamia, writing also appeared in Egypt in the form of hieroglyphics (i.e. “sacred-carvings”)1.  Mesopotamia and Egypt, therefore, are our earliest sources for the study of the written history of humankind.

            From this point of origin, writing went through several stages of historic development in the ancient Near East2.  This development is important to bear in mind since it is easy to fall into the misconception that ancient languages were written with letters, as in our western alphabet.  Sumerian and Egyptian, however, were not written with letters and did not have an alphabet.  In an alphabet, letters consist of symbols written to represent simple sounds, such as, the letters “a” or “b”.  In Sumerian and Egyptian, words were written with symbols representing either whole words, which are called logograms, or whole syllables, which are called syllabograms.  Thus, for example, a single symbol stands for the Sumerian word “dinger” (god), while another symbol stands for the syllable “nig” (which could be used to form any number of words).  This manner of writing is referred to as logo-syllabic writing and is the earliest system known to have been used in the world.  Of the two forms of logo-syllabary just mentioned, cuneiform became the dominant one used throughout the ancient Near East, while the use of hieroglyphics remained almost exclusively within the province of Egypt.

            From this brief introduction, it is easy to see how cumbersome such a system of writing could become.  While modern English writers are able to represent every word in their vocabulary with a 26 letter alphabet, the earliest logo-syllabaries of the Sumerians could contain up to 2000 different symbols, all with different meanings. To complicate matters more, the meanings of most of the symbols varied across time and space so that, eventually, signs could acquire up to five or six possible meanings all of which would have to be determined by the context of their usage.  Hence, literacy in the ancient world was a rare privilege enjoyed only by professional scribes and the elite, well-educated few.  After the conquest of the Sumerians by the Akkadians, logograms began to gradually disappear from regular usage except in a few idiomatic expressions, while written language came to be represented almost entirely in syllabograms. This manner of writing is referred to as syllabic writing and persisted throughout the latter part of the Early Bronze Age and all of the Middle Bronze Age (i.e. 2000-1550 BC).

            The earliest examples of consonantal writing begin to appear in Palestine sometime around the beginning of the Late Bronze Age (i.e. 1550 B.C.)3. Next to the invention of writing itself, this is easily the most significant historic development in the history of writing.  The transition to consonantal writing began with the insight that syllables (such as, for example, “nig”) could be broken down into a relatively small group of sounds called consonants (e.g., “n” and “g”) which could be rearranged in various ways to formulate words.  Thus, the Palestinian consonantary, as it is called, could now represent the full range of human language with only 22 symbols, each representing a consonant—an unimaginably efficient system of writing when compared to the 2000 symbols used in the logo-syllabary of the Sumerians! Archaeologists have uncovered numerous attempts at developing this consonantary in Palestine and Sinai in the Late Bronze Age, but the one that eventually caught on and was disseminated to the rest of the Mediterranean world was that of the coastal Phoenicians.  From this point on, literacy and writing grew in proportion to the facility with which it could be carried out.

            The last and most familiar development in ancient Near Eastern writing is the advent of the alphabet, which appeared sometime around 800 BC in Greece.  The Greek alphabet, named after its first two letters “alpha” and “beta”, incorporated all the advantages of the Palestinian consonantary, but it also included within its scope the representation of vowels. This innovation required that a few additional letters be used in the formulation of words, but also overcame a certain amount of ambiguity inherent in the consonantal system due to the absence of vowels. (For example, in a consonantal system of writing, the symbol “blck” could be interpreted as either “black” or “block”.) The Greek system was passed on to the Romans and preserved in Latin, which is the basis of modern western language.

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1 The long-standing debate about whether writing first developed in Mesopotamia or Egypt seems, at present, to be resolved in favor of the former on the basis of the clay tablets discovered at Uruk.  Fresh evidence, however, could easily open this debate again.

2  Traditionally, archaeologists and linguists only recognized three basic systems of writing.  The most recent analyses, however, suggest six systems, four of which are treated here (i.e. logo-syllabic, syllabic, consonantal, and alphabetic).  For a fuller treatment of these four systems as well as abugida and hangul, cf. Peter T. Daniels, “Writing and Writing Systems” Oxford Encyclopedia of Archaeology in the Neat East, ed. E. Meyers (New York: Oxford University, 1997) 5.352-358.

3 Possibly the earliest example of consonantal writing in ancient Palestine is a fragmentary potsherd from Gezer dated to approximately 1650 BC.  The potsherd is inscribed with only three symbols, the interpretation of which is a matter of debate.

Moses, Deuteronomy and Josiah: Part 3 of 3

          Hilkiah, a priest, made a critical discovery relatively early in the reign of Josiah of Judah. The discovery of a scroll during repairs to the temple suggests that it might have been a foundation document (2 Kg. 22:3-8//2 Chr. 34:8-16). Foundation texts were well-known in the ancient Near East, documents including royal inscriptions and information to any king who might undertake a restoration of the building in future days. The Book of the Law might have been enshrined in such a foundation box or concealed in the temple walls. Alternatively, it could have been found in the temple archives. In the Kings record, it was simply called the “book of the Torah,” a title that is somewhat ambiguous, since presumably all the books of Moses were single scrolls (2 Kg. 22:8-10; cf. 2 Chr. 34:14ff.). However, when the scroll was read to Josiah and later read and interpreted by the prophetess Huldah, the king’s reaction was immediate and visceral. It was apparent from what was rehearsed that the national life of Judah was in serious violation of the statutes contained in this scroll, and the contents of the scroll became a powerful incentive for Josiah’s reforms, including a heart-felt renewal of the ancient covenant (2 Kg. 23:1-3). In accord with what was written in this scroll, Josiah directed a nation-wide purge of pagan elements. He burned all the implements dedicated to Ba’al and Asherah and did away with their priests. He dismantled all vestiges of the astral cult. He destroyed the shrines and altars of paganism, smashing them to bits, and he even carried his reforms beyond his national borders to the ancient high places of northern Israel. Finally, he instituted a Passover celebration that was unlike anything the citizens of Judah had seen since the period of the judges. All this sweeping reform was prompted by “the requirements of the Torah written in the book that Hilkiah the priest had discovered in the temple of Yahweh” (2 Kg. 23:4-24). The assessment of Josiah’s work was that “neither before nor after Josiah was there a king like him who turned to Yahweh as he did—with all his heart and with all his soul and with all his strength, in accordance with all the law of Moses” (2 Kg. 23:25).

          While no title to the newly discovered book of the law was given in either 2 Kings or 2 Chronicles, virtually all interpreters conclude that it must have been some form of Deuteronomy. None of the scrolls of Genesis, Exodus, Leviticus or Numbers seemed likely to have caused such distress. The king’s anguished reaction to its contents, especially the threat of severe divine reprisals for disobedience, seem consonant with the curses of Deuteronomy 28. Further, the language “book of the Torah” is used in Deuteronomy about itself (Dt. 28:58, 61; 31:26; cf. Jos. 1:8). The law of the king in Deuteronomy 17:14-20 made the king liable for maintaining moral leadership for the nation. Combined, all these factors makes Deuteronomy the most likely candidate for what was discovered by Hilkiah. The fact that the assessment of Josiah’s reforms was framed in words directly taken from the language of Deuteronomy 6:5 (cf. 2 Kg. 23:25) only strengthens this conclusion.

          How came this book to be deposited in the temple and effectively lost? Here, there are several theories. Some suggest that technically it was not lost at all but was a fresh composition. Collins and others bluntly conclude that “the finding of the book [was] a fiction, designed to ensure its ready acceptance by the people.” While he concedes that some earlier material may have been edited and incorporated into the book, the larger composition was the product of Josiah’s own scribes. Both Deuteronomy and the traditions in Joshua, Judges, Samuel and Kings were either composed or edited from a Deuteronomic perspective at this time, and the process went on for some years even after Josiah’s reign ended at his death. Such a reconstruction not only would provide a rationale for Josiah’s reforms, it would explain the similarities between the Book of Deuteronomy and the vassal treaties of Esarhaddon, which are from about the same period.

          Other scholars, however, are reluctant to sever Deuteronomy so completely from the older traditions. Some suggest that the larger corpus of Deuteronomy was composed earlier in the northern kingdom before its Assyrian exile. Here, Deuteronomy’s origin was believed to be among priestly Levites or northern prophets who, in light of what was happening in the north, set down traditions in opposition to the prevailing Ba’al cult in order to stem the tide of apostasy. Fleeing southward after the fall of the northern kingdom, they brought with them their text, which was hidden in the temple, possibly during the dark days of Manasseh’s kingship in Judah, when Manasseh’s so thoroughly reversed the reforms of his father Hezekiah (cf. 2 Kg. 21:1-9). Indeed, during Manasseh’s reign, Jerusalem was filled “from end to end” with the innocent blood of all who opposed him (2 Kg. 21:16), which certainly would have been an understandable context for hiding a Torah scroll whose very existence might have meant life or death. The scroll presumably was hidden in the temple for preservation and only rediscovered during the safer period of Josiah’s reign when workers were refurbishing the central sanctuary.

          An even more conservative alternative to the above scenarios is the suggestion that Deuteronomy was composed in the time of Solomon as a direct rebuke to Solomon’s self-exaltation and apostasy (cf. Dt. 17:14-20; 1 Kg. 11:1-13). Deuteronomy is clear: the king of Israel must not elevate himself (he must be a “brother” Israelite), he must not amass a large chariot corps, and he must not surround himself with a large harem. All these things Solomon did! Deuteronomy, by contrast, shows that power in Israel would not be concentrated in any single individual, but spread through other officials, such as, judges (Dt. 16:18), priests (Dt. 18:5) and prophets (Dt. 18:15) as well as a king (Dt. 17:14ff.). Those who held offices as judges or kings were to be appointed by the people themselves, not some central figure (Dt. 16:18; 17:15), and the real authority for the nation lay not in any single person, but in the Torah itself (Dt. 31:10-13). Hence, the nation of Israelites was to be a true brotherhood living under the covenant of Torah. This primacy of the Torah explains the central role of Moses, who mediates God’s will by his speeches (cf. Dt. 4:14), and it is to be carried out by the people within their families (Dt. 6:7-9). Such a setting for Deuteronomy would be earlier and different in orientation than the context of the Josianic reforms. That Deuteronomy fulfilled an important role in Josiah’s reform need not be discounted, but the ideas in Deuteronomy are older and more primitive than a 7^th century BC context.

Moses, Deuteronomy and Josiah: Part 2 of 3

The upshot of all this is that there are several theories about the date of Deuteronomy’s literary composition, some of them compatible with a high view of Scripture and some not so compatible. Until the modern period, the Jewish and Christian consensus was that it was composed in the Mosaic Period, either by Moses himself or by those close to him. Indeed, when Hilkiah found the “Book of the Torah” in the temple, the Hebrew text describes it as having been given “through the hand of Moses” (2 Chr. 34:14). Only since the late 18^th and early 19^th centuries has this consensus been seriously questioned. Many conservative scholars still maintain this position, especially since Christ and other New Testament writers cite Deuteronomy as simply “Moses” (e.g., Mt. 19:8//Dt. 24:4; 1 Co. 9:9//Dt. 25:4; He. 10:28//Dt. 17:6). Of course, such references would still be true, even if Deuteronomy was compiled at a later date, so long as the historicity of the sayings were not called into question.

A second theory is that while Deuteronomy probably contains substantial units that go back to the time of Moses himself, the final form of Deuteronomy was not achieved until perhaps the time of Samuel or David. It is in this period that the centrality of the priest disappears and the centrality of the king appears (cf. Dt. 17:14-20). The political union of the Israelite tribes under a single king made the centralization of worship both possible and desirable, perhaps inevitable (cf. Dt. 12).

The third theory is currently the most widely accepted among historical-critical scholars—that Deuteronomy belongs to the 7^th century BC, where it became the motivating force behind Josiah’s reform. While many scholars hold to this position, they do not all carry the same assumptions. Some continue to attribute substantial portions of Deuteronomy to the time of Moses, preserved by oral tradition, and finally supplemented and compiled in the 7^th century. Others, more negatively, regard Deuteronomy as a pious fraud—that the speeches of Moses essentially were concocted and put into his mouth. Either way, the similarity between the suzerainty structure of Deuteronomy and the vassal treaties of Esarhaddon, who also was in the 7^th century, lend weight to this conclusion. The laws concerning the king (Dt. 17) and the centralization of worship (Dt. 12), not to mention the blessings and curses (Dt. 28), figure prominently in Josiah’s reforms. As mentioned earlier, some scholars argue that much of Deuteronomy was composed by Levites in the northern kingdom and brought to Judah after the exile of the northern tribes. Others theorize that it was composed in the south.

The most radical theory is that Deuteronomy was composed after the exile of Judah. Here, Deuteronomy is viewed as an idealistic, imaginative work composed after the kingdoms of Israel and Judah no longer existed. In reaching a conclusion about Deuteronomy’s author and date, two factors are very important to conservative scholars. While the book is formally anonymous (i.e., it does not name its composer outright), the essential historicity and authenticity of its narratives and speeches must be maintained. Such a view seems essential for regarding Deuteronomy as divinely inspired. To be sure, evangelical scholars are not opposed to seeing oral or written sources that may underlie the present form of Deuteronomy as well as the rest of the Pentateuch. Indeed, they are not necessarily opposed to an editorial process that extended from the time of Moses into the late monarchy. Still, they are not free to bring into question the historical claims of its content. If Deuteronomy says that Moses said such and such, then Moses said it. One should not assume, of course, that the words attributed to Moses are the equivalent to some sort of tape recording. It is more important to acknowledge that we have the voice of Moses in Deuteronomy if not the precise words of Moses. Perhaps an appropriate analogy may be found in the gospel sayings of Jesus, which vary from gospel to gospel and originally were uttered in Aramaic, though we have them in Greek. We accept that we have the voice of Jesus if not always the precise words of Jesus. Whenever and however Deuteronomy reached the final form in which it has been passed down to us, conservatives remain committed to the Mosaicity of the Pentateuch in general and Deuteronomy as a constituent part of it. J. Barton Payne, an older evangelical scholar but one who was sensitive to the broader issues, is representative when he says, “The term Mosaicity may refer to those parts composed by Moses—whether actually written down by him or not—such as the address in Deuteronomy 1:6—4:40 or the song in 33:2-39.” And again, “Still, it means that the rest of the words, which Scripture does not specifically assign to Moses, need not be attributed to him. These include [among other things]…the description of his death.”

Moses, Deuteronomy and Josiah: Part 1 of 3

Evangelicals have long had a struggle with the authorship of the books in the Pentateuch. Because they are called the “Books of Moses” and because various passages in the New Testament quote from them as “Moses”, they bristle when there is any suggestion that Moses may not have written every word or that the final form of these books may have had a lengthy redactional history. I remember when teaching at William Tyndale College, where I taught the course on the Torah, that this was a perennial issue fraught with uneasiness, not only from students coming from fundamental churches, but also from their parents and pastors. Unfortunately, even sincere Christians with a Biblicist point of view do not always pay attention to the actual texts themselves, sometimes giving a knee-jerk reaction that betrays a less than careful reading.

It should first of all be understood that a distinction should be maintained between historical events themselves and the documentation of those events in writing. The two may or may not be coincidental. If, for instance, a 21^st century writer sets down the history of India during the British Commonwealth, the modern reader would not suppose that he had fabricated his material out of thin air just because he was not old enough to have seen it personally. Similarly, there is no necessary requirement that the narratives about Moses and his teaching must have been codified while he was still alive or necessarily set down by Moses himself. Indeed, there are reasons for thinking this might not be the case, not the least of which is the account of his death at the close of Deuteronomy (cf. 34). Further, the closing verses of Deuteronomy that “since then no prophet has risen in Israel like Moses” presumes a hand later than Moses (34:10-12).

Sometimes, the point of view in Deuteronomy is as though the writer were standing in the mainland of Israel and looking over to the Transjordan, a perspective that seems to assume entry into the land. This point of view is especially to be seen in the handful of “across Jordan” passages that seem to speak of the land to the east of the Jordan as across the river (cf. 1:1, 5; 3:8; 4:41, 46-47, 49). Such language seems to presuppose occupation west of the Jordan, which of course could not have been possible until after the death of Moses. At the same time, there are even more passages using the same Hebrew expression that reflect the vantage point of standing in Moab to the east of the Jordan (cf. 2:29; 3:20, 25, 27; 4:14, 21-22, 26; 6:1; 9:1; 11:8, 11, 30-31; 12:10; 27:2, 4, 12; 30:18; 31:2, 13; 32:47). What should be recognized is that both these perspectives are embedded in the same book, the former in narrative sections that seem to have been written after the entry into the land, and the latter in speech sections that quote words that Moses said. This is no more than what one would expect for a document that describes the speeches of Moses but was compiled after Moses died.

The language in the covenant renewal section (Dt. 29) suggests that at least the exile of the northern kingdom was already complete when this passage was codified.

 

Therefore, Yahweh’s anger burned against this land, so that he brought on it all the curses written in this book. In furious anger and in great wrath Yahweh uprooted them from their land and thrust them into another land, as it is now.

                                                                                                Dt. 29:27-28

 

The editorial clause “as it is now” (literally, “as on this day”) clearly suggests a time far removed from Moses. Hence, it is not required that Deuteronomy be composed as a literary piece by Moses for it to contain authentic history about Moses.

At the same time, there are some passages describing Moses as writing, such as, 31:9, which refers to an unspecified section of law codes, 31:19, 22, (referring to chapter 32), and 31:24ff. (likely referring to the Decalogue). Such references suggest that portions were written out as smaller segments prior to the compilation of the whole. The rabbinical custom of referring to everything in the Pentateuch as the words of Moses, of course, was adopted by the writers of the New Testament, but this convenience of speech does not necessarily support the view that Moses personally penned the entire corpus. One can only speculate how long elements in Deuteronomy and other books in the Pentateuch may have been preserved as oral tradition before being codified. A generation later, Joshua is commanded to obey the “book of the Torah” (Jos. 1:7-8), a reference that seems to refer to the contents of Deuteronomy 5-26 or 5-30. Joshua is familiar with the law code that altars were not to be fashioned using an iron tool (Jos. 8:31; Dt. 27:5), and indeed, the whole ceremony in the Shechem Pass is based on the anticipation of this ceremony as described in Deuteronomy (Jos. 8:30-35; Dt. 27). Even later, Joshua is said to have drawn up decrees and laws which then were recorded in the “Book of the Law of God” (cf. Jos. 24:25-26), so it seems that Joshua, also, had a hand in the composition. Even later references also cite the “Book of the Torah,” expressions that clearly seem to refer to at least portions of Deuteronomy (cf. 2 Kg. 14:6//2 Chr. 25:4; Dt. 24:16). Certainly some of the prophets knew of law codes that are preserved in Deuteronomy (cf. Hos. 5:10//Dt. 19:14; Am. 8:5 and Mic. 6:10ff.//Dt. 25:13ff.; Am. 4:4//Dt. 14:28; Hos. 4:4ff.//Dt. 17:12), but whether all these things were from oral memory or references to a written document is unclear.