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It will be the object of this
article to give a brief analysis of the substance of this law, to point
out its main principles, and to explain the position which it occupies
in the progress of divine revelation. In order to do this the more
clearly, it seems best to speak of the law, 1st. In relation to the
past; 2d. In its own intrinsic character.
1.
(a) In reference to the past , it is all-important, for
the proper understanding of the law, to remember its entire dependence
on the Abrahamic covenant. See (Galatians 3:17-24) That covenant had a
twofold character. It contained the "spiritual promise" of the Messiah;
but it contained also the temporal promises subsidiary to the former.
(b) The nature of this relation of the law to the promise is
clearly pointed out. The belief in God as the Redeemer of man, and the
hope of his manifestation as such int he person of the Messiah, involved
the belief that the Spiritual Power must be superior to all carnal
obstructions, and that there was in man spiritual element which could
rule his life by communion with a spirit from above. But it involved
also the idea of an antagonistic power of evil, from which man was to be
redeemed, existing in each individual, and existing also in the world at
large. (c) Nor is it less essential to remark the period of the
history at which it was given. It marked and determined the
transition of Israel from the condition of a tribe to that of a nation,
and its definite assumption of a distinct position and office in the
history of the world. (d) Yet, though new in its general conception, it
was probably not wholly new in its materials. There must
necessarily have been, before the law, commandments and revelations of a
fragmentary character, under which Israel had hitherto grown up. So far
therefore as they were consistent with the objects of the Jewish law,
the customs of Palestine and the laws of Egypt would doubtless be
traceable in the Mosaic system. (e) In close connection with, and almost
in consequence of, this reference to antiquity, we find an
accommodation of the law to the temper and circumstances of the
Israelites, to which our Lord refers int he case of divorce, (Matthew
19:7,8) as necessarily interfering with its absolute perfection. In many
cases it rather should be said to guide and modify existing usages than
actually to sanction them; and the ignorance of their existence may lead
to a conception of its ordinances not only erroneous, but actually the
reverse of the truth. (f) In close connection with this subject we
observe also the gradual process by which the law was revealed to
the Israelites. In Ex 20-23, in direct connection with the revelation
from Mount Sinai, that which may be called the rough outline of the
Mosaic law is given by God, solemnly recorded by Moses, and accepted by
the people. In Ex 25-31, there is a similar outline of the Mosaic
ceremonial. On the basis of these it may be conceived that the fabric of
the Mosaic system gradually grew up under the requirements of the time.
The first revelation of the law in anything like a perfect form is found
in the book of Deuteronomy. yet even then the revelation was not final;
it was the duty of the prophets to amend and explain it in special
points, (Ezekiel 18:1) ... and to bring out more clearly its great
principles.
2.
In giving an analysis of the substance of the law , it
will probably be better to treat it, as any other system of laws is
usually treated, by dividing it into-- I. Laws Civil; II. Laws Criminal:
III. Laws Judicial and Constitutional; IV. Laws Ecclesiastical and
Ceremonial. I. LAWS CIVIL.
3.
LAW OF PERSONS. (a) FATHER AND SON. --the
power of a father to be held sacred; cursing or smiting, (Exodus
21:15,17; Leviticus 20:9) and stubborn and willful disobedience, to be
considered capital crimes. But uncontrolled power of life and death was
apparently refused to the father, and vested only in the congregation. (
21:18-21) Right of the first-born to a double portion of the
inheritance not to be set aside by partiality. ( 21:15-17)
Inheritance by daughters to be allowed in default of sons, provided,
(Numbers 27:6-8) comp. Numb 36:1 ... that heiresses married in their own
tribe. Daughters unmarried to be entirely dependent on their
father. (Numbers 30:3-5) (b) HUSBAND AND WIFE. --the
power of a husband to be so great that a wife could never be sui
juris , or enter independently into any engagement, even before God.
(Numbers 30:6-15) A widow or a divorced wife became independent, and did
not against fall under her father’s power. ver. (Numbers 30:9)
Divorce (for uncleanness) allowed, but to be formal and irrevocable.
( 24:1-4) Marriage within certain degrees forbidden. (Leviticus
18:1) ... etc. A slave wife, whether bought or captive, not to be
actual property, nor to be sold; if illtreated, to be ipso facto
free. (Exodus 21:7-9; 21:10-14) Slander against a wife’s
virginity to be punished by fine,a nd by deprived of power of divorce;
on the other hand, ante-connubial uncleanness in her to be punished by
death. ( 22:13-21) the raising up of seed (Levirate law) a formal
right to be claimed by the widow, under pain of infamy, with a view to
preservation of families. ( 25:5-10) (c) MASTER AND SLAVE. --Power
of master so far limited that death under actual chastisement was
punishable, (Exodus 21:20) and maiming was to give liberty ipso facto
. vs. (Exodus 21:26,27) The Hebrew slave to be freed at the
sabbatical year, and provided with necessaries (his wife and children to
go with only if they came to his master with him), unless by his own
formal act he consented to be a perpetual slave. (Exodus 21:1-6;
15:12-18) In any case, it would seem, to be freed at the jubilee,
(Leviticus 25:10) with his children. If sold to a resident alien, to be
always redeemable, at a price proportioned to the distance of the
jubilee. (Leviticus 25:47-54) Foreign slaves to be held and
inherited as property forever, (Leviticus 25:45,46) and fugitive slaves
from foreign nations not to be given up. ( 23:15) (d) STRANGERS. --These
seem never to have been sui juris , or able to protect
themselves, and accordingly protection and kindness toward them are
enjoined as a sacred duty. (Exodus 22:21; Leviticus 19:33,34)
4.
LAW OF THINGS. (a) LAWS OF LAND (AND PROPERTY).-- (1) All land
to be the property of God alone , and its holders to be deemed his
tenants. (Leviticus 25:23) (2) All sold land therefore to
return to its original owners at the jubilee, and the price of sale
to be calculated accordingly; and redemption on equitable terms to be
allowed at all times. (Leviticus 25:25-27) A house sold to be
redeemable within a year; and if not redeemed, to pass away altogether,
ch. (Leviticus 25:29,30) But the houses of the Levites , or those
in unwalled villages, to be redeemable at all times, in the same way as
land; and the Levitical suburbs to be inalienable. ch. (Leviticus
25:31-34) (3) Land or houses sanctified , or tithes, or unclean
firstlings, to be capable of being redeemed, at six-fifths value
(calculated according to the distance from the jubilee year by the
priest); if devoted by the owner and unredeemed, to be hallowed at the
jubilee forever, and given to the priests; if only by a possessor, to
return to the owner at the jubilee. (Leviticus 27:14-34) (4)
Inheritance . (b) LAWS OF DEBT. -- (1) All debts (to an
Israelite) to be released at the seventh (sabbatical year; a blessing
promised to obedience, and a curse on refusal to lend. ( 15:1-11) (2)
Usury (from Israelites) not to be taken. (Exodus 22:25-27; 23:19,20)
(3) Pledges not to be insolently or ruinously exacted. (
24:6,10-13,17,18) (c) TAXATION. -- (1) Census-money , a poll-tax
(of a half shekel), to be paid for the service of the tabernacle.
(Exodus 30:12-16) All spoil in war to be halved; of the combatants’
half, one five-hundreth, of the people’s, one fiftieth, to be paid for a
"heave offering" to Jehovah. (2) Tithes .-- (a) Tithes of all
produce to be given for maintenance of the Levites. (Numbers
18:20-24) (Of this one tenth to be paid as a heave offering for
maintenance of the priests. vs. (Numbers 18:24-32) ) (b) Second tithe
to be bestowed in religious feasting and charity, either at the holy
place or (every third year) at home. ( 14:22-28) (c) First-fruits
of corn, wine and oil (at least one sixtieth, generally one fortieth,
for the priests) to be offered at Jerusalem, with a solemn declaration
of dependence on God the King of Israel. (Numbers 18:12,13; 26:1-15)
Firstlings of clean beasts; the redemption money (five shekels) of
man and (half shekel, or one shekel) of unclean beasts to be given to
the priests after sacrifice. (Numbers 18:15-18) (3) Poor laws. --
(a) Gleanings (in field or vineyard) to be a legal right of the
poor. (Leviticus 19:9,10; 24:19-22) (b) Slight trespass (eating
on the spot) to be allowed as legal. ( 23:24,25) (c) Wages to be
paid day by day. ( 24:15) (4) Maintenance of priests. (Numbers
18:8-32) (a) Tenth of Levites’ tithe . (See 2a.) (b) The heave
and wave offerings (breast and right shoulder of all peace
offerings). (c) The meat and sin offerings , to be eaten
solemnly and only in the holy place. (c) First-fruits and
redemption money. (See 2c.) (e) Price of all devoted things ,
unless specially given for a sacred service. A man’s service, or that of
his household, to be redeemed at 50 shekels for man, 30 for woman, 20
for boy and 10 for girl. II. LAWS CRIMINAL.
5.
OFFENCES AGAINST GOD (of the nature of treason.) 1st
Command. Acknowledgment of false gods , (Exodus 22:20) as e.g.
Molech, (Leviticus 20:1-5) and generally all idolatry . ( 13;
17:2-5) 2nd Command. Witchcraft and false prophecy. (Exodus
22:18; 18:9-22; Leviticus 19:31) 3rd Command. Blasphemy .
(Leviticus 24:15,16) 4th Command. Sabbath-breaking . (Numbers
15:32,36) Punishment in all cases, death by stoning . Idolatrous
cities to be utterly destroyed.
6.
OFFENCES AGAINST MAN. 5th Command. Disobedience to
or cursing or smiting of parents , (Exodus 21:15,17; Leviticus
20:9; 21:18-21) to be punished by death by stoning, publicly adjudged
and inflicted; so also of disobedience to the priests (as judges) or the
Supreme Judge. Comp. (1 Kings 21:10-14) (Naboth); (2 Chronicles 24:21)
(Zechariah). 6th Command. (1) Murder to be punished by death
without sanctuary or reprieve, or satisfaction. (Exodus 21:12,14;
19:11-13) Death of a slave, actually under the rod, to be punished.
(Exodus 21:20,21) (2) Death by negligence to be punished by
death. (Exodus 21:28-30) (3) Accidental homicide : the avenger of
blood to seek safety by flight to a city of refuge, there to remain till
the death of the high priest. (Numbers 35:9-28; 4:41-43; 19:4-10) (4)
Uncertain murder to be expiated by formal disavowal and sacrifice by
the elders of the nearest city. ( 21:1-9) (5) Assault to be
punished by lex talionis , or damages. (Exodus 21:18,19,22-25;
Leviticus 24:19,20) 7th Command. (1) Adultery to be punished by
death of both offenders; the rape of a married or betrothed woman, by
death of the offender. ( 22:13-27) (2) Rape or seduction of an
unbetrothed virgin to be compensated by marriage, with dowry (50
shekels), and without power of divorce; or, if she be refused, by
payment of full dowry. (Exodus 22:16,17; 22:28,29) (3) Unlawful
marriages (incestuous, etc.) to be punished, some by death, some by
childlessness. (Leviticus 20:1) ... 8th command. (1) Theft to be
punished by fourfold or double restitution; or nocturnal robber might be
slain as an outlaw. (Exodus 22:1-4) (2) Trespass and injury of
things lent to be compensated. (Exodus 23:5-15) (3) Perversion of
justice (by bribes, threats, etc.), and especially oppression of
strangers, strictly forbidden. (Exodus 22:9) etc. (4) Kidnapping
to be punished by death. ( 24:7) 9th Command. False witness to be
punished by lex talionis . (Exodus 23:1-3; 19:16-21) Slander of a
wife’s chastity, by fine and loss of power of divorce. ( 22:18,19) A
fuller consideration of the tables of the Ten Commandments is given
elsewhere. [TEN COMMANDMENTS] III. LAWS JUDICIAL AND
CONSTITUTIONAL.
7.
JURISDICTION. (a) Local judges (generally Levites as more
skilled in the law) appointed, for ordinary matters, probably by the
people with approbation of the supreme authority (as of Moses in the
wilderness), (Exodus 18:25; 1:15-18) through all the land. ( 16:18) (b)
Appeal to the priests (at the holy place), or to the judge
; their sentence final, and to be accepted under pain of death. See (
17:8-13) comp. appeal to Moses, (Exodus 18:26) (c) Two witnesses
(at least) required in capital matters. (Numbers 35:30; 17:6,7) (d)
Punishment , except by special command, to be personal, and not to
extend to the family. ( 24:16) Stripes allowed and limited, ( 25:1-3) so
as to avoid outrage on the human frame. All this would be to a great
extent set aside --1st. By the summary jurisdiction of the king, see
(1 Samuel 22:11-19) (Saul); (2 Samuel 12:1-5; 14:4-11; 1 Kings 3:16-28)
which extended even to the deposition of the high priest. (1 Samuel
22:17,18; 1 Kings 2:26,27) The practical difficulty of its being carried
out is seen in (2 Samuel 15:2-6) and would lead of course to a certain
delegation of his power. 2nd. By the appointment of the Seventy,
(Numbers 11:24-30) with a solemn religious sanction. In later times
there was a local sanhedrin of twenty-three in each city, and two such
in Jerusalem, as well as the Great Sanhedrin, consisting of seventy
members, besides the president, who was to be the high priest if duly
qualified, and controlling even the king and high priest. The members
were priest, scribes (Levites), and elders (of other tribes). A court of
exactly this nature is noticed as appointed to supreme power by
Jehoshaphat. See (2 Chronicles 19:8-11)
8.
ROYAL POWER. The king’s power limited by the law, as
written and formally accepted by the king; and directly forbidden to be
despotic. (Military conquest discouraged by the prohibition of the use
of horses. See (Joshua 11:6) For an example of obedience to this law see
(2 Samuel 8:4) and of disobedience to it see (1 Kings 10:26-29) (
17:14-20) comp. 1Sam 10:25 Yet he had power of taxation (to one tenth)
and of compulsory service, (1 Samuel 8:10-18) the declaration of war,
(1 Samuel 11:1) ... etc. There are distinct traces of a "mutual
contract," (2 Samuel 5:3) a "league," (2 Kings 11:17) the remonstrance
with Rehoboam being clearly not extraordinary. (1 Kings 13:1-6) The
princes of the congregation . --The heads of the tribes, see (Joshua
9:15) seem to have had authority under Joshua to act for the people,
comp. (1 Chronicles 27:16-22) and in the later times "the princes of
Judah" seem to have had power to control both the king and the priests.
See (Jeremiah 26:10-24; 38:4,5) etc.
9.
ROYAL REVENUE. (1) Tenth of produce. (2) Domain land.
(1 Chronicles 27:26-29) Note confiscation of criminal’s land. (1 Kings
21:15) (3) Bond service , (1 Kings 5:17,18) chiefly on
foreigners. (1 Kings 9:20-22; 2 Chronicles 2:16,17) (4) Flocks and
herds. (1 Chronicles 27:29-31) (5) Tributes (gifts) from
foreign kings. (6) Commerce ; especially in Solomon’s time.
(1 Kings 10:22,29) etc. IV. ECCLESIASTICAL AND CEREMONIAL LAW.
10.
LAW OF SACRIFICE (considered as the sign and the appointed
means of the union with God, on which the holiness of the people
depended). a. ORDINARY SACRIFICES. (a) The whole burnt offering,
(Leviticus 1:1) ... of the herd or the flock; to be offered continually,
(Exodus 29:38-42) and the fire on the altar never to be extinguished.
(Leviticus 6:8-13) (b) The meat offering, (Leviticus 2; 6:14-23)
of flour, oil and frankincense, unleavened and seasoned with salt. (c)
The peace offering, (Leviticus 3:1; Leviticus 7:11-21) of the
herd or the flock; either a thank offering or a vow or free-will
offering. (d) The sin offering or trespass offering . Le
4,5,6 (a) For sins committed in ignorance. Le 4 (b) For vows unwittingly
made and broken, or uncleanness unwittingly contracted. Levi 5 (c) For
sins wittingly committed. (Leviticus 6:1-7) b. EXTRAORDINARY SACRIFICES.
(a) At the consecration of priests. Le 8,9 (b) At the
purification of women. Le 12 (c) At the cleansing of lepers.
Le 13,14 (d) On the great day of atonement. Le 16 (e) On the
great festivals. Le 23
11.
LAW OF HOLINESS (arising from the union with God through
sacrifice). a. HOLINESS OF PERSONS. (1) Holiness of the whole people
as "children of God," (Exodus 19:5,6; Leviticus 11-15,17,18; 14:1-21)
shown in (a) The dedication of the first-born, (Exodus 13:2,12,13;
22:29,30) etc.; and the offering of all firstlings and first-fruits.
Deuteronomy 26, etc. (b) Distinction of clean and unclean food. Levi 11;
Deuteronomy 14. (c) Provision for purification. Levi 12,13,14,15; (
23:1-4) (d) Laws against disfigurement. (Leviticus 19:27; 14:1) comp. (
25:3) against excessive scourging. (e) Laws against unnatural marriages
and lusts. Le 18,20 (2) Holiness of the priests (and Levites) .
(a) Their consecration. Le 8,9; Ex 29 (b) Their special qualifications
and restrictions. (Leviticus 21:1; Leviticus 22:1-9) (c) Their rights, (
18:1-6; Numbers 18:1) ... and authority. ( 17:8-13) b. HOLINESS OF
PLACES AND THINGS. (a) The tabernacle with the ark, the vail, the
altars, the laver, the priestly robes, etc. Ex 25-28,30. (b) The holy
place chosen for the permanent erection of the tabernacle, ( 12:1;
14:22-29) where only all sacrifices were to be offered and all tithes,
firstfruits, vows, etc., to be given or eaten. c. HOLINESS OF TIMES. (a)
The Sabbath. (Exodus 20:9-11; 23:12) etc. (b) The sabbatical
year. (Exodus 23:10,11; Leviticus 25:1-7) etc. (c) The year of
jubilee. (Leviticus 25:8-16) etc. (d) The passover. (Exodus
12:3-27; Leviticus 23:4,5) (e) The feast of weeks (pentecost).
(Leviticus 23:15) etc. (f) The feast of tabernacles . (Leviticus
23:33-43) (g) The feast of trumpets. (Leviticus 23:23-25) (h)
The day of atonement . (Leviticus 23:26-32) etc. Such is the
substance of the Mosaic law. The leading principle of the whole is its
THEOCRATIC CHARACTER, its reference, that is, of all action and thoughts
of men directly and immediately to the will of God. It follows
from this that it is to be regarded not merely as a law, that is, a rule
of conduct based on known truth and acknowledged authority, but also as
a revelation of God’s nature and his dispensations. But this
theocratic character of the law depends necessarily on the belief in
God , as not only the creator and sustainer of the world, but as, by
special covenant, the head of the Jewish nation. This immediate
reference to God as their king is clearly seen as the groundwork of
their whole polity. From this theocratic nature of the law follow
important deductions with regard to (a) the view which it takes of
political society; (b) the extent of the scope of the law; (c) the
penalties by which it is enforced; and (d) the character which it seeks
to impress on the people. (a) The Mosaic law seeks the basis of its
polity, first, in the absolute sovereignty of God; next, in the
relationship of each individual to God, and through God to his
countrymen. It is clear that such a doctrine, while it contradicts none
of the common theories, yet lies beneath them all. (b) The law, as
proceeding directly from God and referring directly to him, is
necessarily absolute in its supremacy and unlimited in its
scope. It is supreme over the governors, as being only the delegates
of the Lord, and therefore it is incompatible with any despotic
authority in them. On the other hand, it is supreme over the governed,
recognizing no inherent rights in the individual as prevailing against
or limiting the law. It regulated the whole life of an Israelite. His
actions were rewarded and punished with great minuteness and strictness
--and that according to the standard, not of their consequences but of
their intrinsic morality. (c) The penalties and rewards by which
the law is enforced are such as depend on the direct theocracy. With
regard to individual actions, it may be noticed that, as generally some
penalties are inflicted by the subordinate and some only the supreme
authority, so among the Israelites some penalties came from the hand of
man, some directly from the providence of God. (d) But perhaps the most
important consequence of the theocratic nature of the law was the
peculiar character of goodness which it sought to impress on the
people. The Mosaic law, beginning with piety as its first object,
enforces most emphatically the purity essential to those who, by their
union with God, have recovered the hope of intrinsic goodness, while it
views righteousness and love rather as deductions from these than as
independent objects. The appeal is not to any dignity of human nature,
but to the obligations of communion with a holy God. The subordination,
therefore, of this idea also to the religious idea is enforced; and so
long as the due supremacy of the latter was preserved, all other duties
would find their places in proper harmony. |