The Bible and Social Justice

PICKWICK Publications An imprint of WIPF and STOCK Publishers 199 West 8th Avenue, Suite 3, Eugene, OR 97401 Tel. (541) 344-1528 • Fax (541) 344-1506 Visit our Web site at www.wipfandstock.com The Bible and Social Justice Old Testament and New Testament Foundations for the Church’s Urgent Call Edited by Cynthia Long Westfall Bryan R. Dyer Although the cry for justice in human society is an important theme in the Bible, in many church and academic circles action for and discourse about social justice is carried on without a thorough exploration of this theme in Scripture. This volume brings together chapters by experts in the various sections of the Old and New Testaments to give a full spectrum of what the Bible has to say about social justice, and to point to ways forward for Christians seeking to think and act in harmony with God in pursuing social justice in the world today. M C M A ST E R N EW TE S TAME N T S T U D IE S ISBN: 978-1-4982-3807-6 | $27 | 240 pp. | paper “This book is unique: in it, noted biblical scholars weigh in on what the Bible says about social justice, a topical domain typically populated by sociologists, ethicists, and activists. The volume is remarkably comprehensive, sampling texts from across the biblical canon, and its discussions are robust and insightful. The volume introduces devout, learned evangelical voices into a conversation of great import both for the church and the poor and powerless in our world. Hear them well!” —Robert L. Hubbard, Jr. Professor (Emeritus) of Biblical Literature, North Park Theological Seminary, Chicago “Concern with social justice has rightly captured the imagination of those who follow Jesus. The Bible and Social Justice powerfully supports this passion with brilliant biblical exposition. I highly recommend this stimulating book that not only informs us, but stirs us to action.” —Tremper Longman III Robert H. Gundry Professor of Biblical Studies, Westmont College Cynthia Long Westfall is Assistant Professor of New Testament at McMaster Divinity College. Along with her academic work, she has ministered to those who are at risk for homelessness in Denver, Colorado, and Hamilton, Ontario. Bryan R. Dyer is the co-editor of Paul and Ancient Rhetoric (CUP, 2016), and currently works for Baker Academic as an Acquisitions Editor. Media, Examination, and Review Copies: Contact: James Stock (541) 344-1528, ext 103 or [email protected] Orders: Contact your favorite bookseller or order directly from the publisher via phone (541) 344-1528, fax (541) 344-1506 or e-mail us at [email protected] he Bible and Social Justice McMaster Divinity College Press McMaster New Testament Series Patterns of Discipleship in the New Testament (1996) he Road from Damascus: he Impact of Paul’s Conversion on His Life, hought and Ministry (1997) Life in the Face of Death: he Resurrection Message of the New Testament (1998) he Challenge of Jesus’ Parables (2000) Into God’s Presence: Prayer in the New Testament (2001) Reading the Gospels Today (2004) Contours of Christology in the New Testament (2005) Hearing the Old Testament in the New Testament (2006) he Messiah in the Old and New Testaments (2007) Translating the New Testament: Text, Translation, heology (2009) Christian Mission: Old Testament Foundations and New Testament Developments (2010) Empire in the New Testament (2011) he Church, hen and Now (2012) Rejection: God’s Refugees in Biblical and Contemporary Perspective (2015) Rediscovering Worship: Past, Present, and Future (2015) he Bible and Social Justice Old Testament and New Testament Foundations for the Church’s Urgent Call edited by Cynthia Long Westfall and Bryan R. Dyer The BiBLe anD SoCiaL JuSTiCe old Testament and new Testament Foundations for the Church’s urgent Call Copyright © 2015 Wipf and Stock Publishers. all rights reserved. except for brief quotations in critical publications or reviews, no part of this book may be reproduced in any manner without prior written permission from the publisher. Write: Permissions. Wipf and Stock Publishers, 199 W. 8th ave., Suite 3, eugene, oR 97401. Pickwick Publications an imprint of Wipf and Stock Publishers 199 W. 8th ave., Suite 3 eugene, oR 97401 McMaster Divinity College Press 1280 Main St. W. hamilton, on, Canada L8S 4K1 www.wipfandstock.com iSBn 13: 978-1-4982-3807-6 Manufactured in the u.S.a. 03/08/2016 Scripture portions marked niV are taken from he Holy Bible, New International Version® niV® copyright © 1973, 1978, 1984 by international Bible Society. used by permission of Zondervan. all rights reserved worldwide. Scripture marked RSV is taken from the Revised Standard Version of the Bible, copyright © 1946, 1952, and 1971, and marked from the nRSV, new Revised Standard Version of the Bible, copyright © 1989, national Council of the Churches of Christ in the united States of america. used by permission. all rights reserved. Scripture marked TniV is from he Holy Bible, Today’s New International Version® TniV® copyright © 2001, 2005 by Biblica www.biblica.com. all rights reserved worldwide. Scripture marked naSB is taken from the new american Standard Bible® copyright © 1960, 1962, 1963, 1968, 1971, 1972, 1973, 1975, 1977, 1995 by he Lockman Foundation. used by permission (www.Lockman.org). Scripture marked neB is taken from the new english Bible, copyright © Cambridge university Press and oxford university Press, 1961, 1970. all rights reserved. Scripture marked neT is taken from the neT Bible® copyright © 1996–2006 by Biblical Studies Press, L.L.C. all rights reserved. Scripture quotations marked (nLT) are taken from the Holy Bible, new Living Translation, copyright ©1996, 2004, 2007, 2013 by Tyndale house Foundation. used by permission of Tyndale house Publishers, inc., Carol Stream, illinois 60188. all rights reserved. Contents Preface / vii Contributors / ix Abbreviations / xiii Introduction / xvii —Cynthia Long Westfall and Bryan R. Dyer 1 imagining Justice for the Marginalized: a Suspicious Reading of the Covenant Code (exodus 21:1—23:33) in its ancient near eastern Context / 1 —Paul S. Evans 2 Wisdom’s Cry: embracing the Vision of Justice in old Testament Wisdom Literature / 35 —Mark J. Boda and Shannon E. Baines 3 Seek Yahweh, establish Justice: Probing Prophetic ethics. an orientation from amos 5:1–17 / 64 —M. Daniel Carroll R. 4 Social Justice or Personal Righteousness? What Jesus has to Say in Matthew and Mark / 84 —Craig A. Evans 5 Good news to the Poor: Social upheaval, Strong Warnings, and Sincere Giving in Luke–acts / 102 —Bryan R. Dyer 6 Reframing Social Justice in the Pauline Letters / 125 —Stanley E. Porter 7 Continue to Remember the Poor: Social Justice within the Poor and Powerless Jewish Christian Communities / 152 —Cynthia Long Westfall 8 Social Justice in the Book of Revelation: Reading Revelation from above / 176 —David L. Mathewson Index of Authors / 199 Index of Ancient Documents / 203 Preface T he 2012 h. h. Bingham Colloquium in the new Testament and old Testament foundations at McMaster Divinity College in hamilton ontario, Canada was entitled “he Bible and Social Justice.” he Colloquium was the sixteenth in a continuing series held here at the College. at the Colloquium, scholars from all over north america shared insights from representative selections across the biblical literature to address this important and controversial biblical theme, insights that demonstrated continuity and diversity in the way social justice was addressed and implemented in israel and the early church. an interested public attended, heard the papers, and responded with insightful questions and comments resulting in a fruitful exchange among the public and the scholars. We hope that this volume will be of interest to general readers and serve as a useful textbook or supplemental source for the study of the context of, content of, and interpretive approaches to the new Testament in the light of the old Testament and to its relevance to the contemporary church. We also trust that it makes a cogent contribution to the ongoing discussion of this important topic and ills a gap by adding voices to the relatively small but growing scholarship that addresses biblical social justice. he Bingham Colloquium is named ater Dr. herbert henry Bingham, who was a noted Baptist leader in ontario, Canada. his leadership abilities were recognized by Baptists across Canada and around the world. his qualities included his genuine friendship, dedicated leadership, unswerving Christian faith, tireless devotion to duty, insightful service as a preacher and pastor, and visionary direction for congregation and denomination alike. hese qualities endeared him both to his own church members and to believers in other denominations. he Colloquium has been endowed by his daughter as an act of appreciation for her father. We are pleased to be able to continue this tradition. he volumes in this series are published by McMaster Divinity College Press, in conjunction with Wipf & Stock Publishers of eugene, oregon. We appreciate this active publishing relationship. Finally, we wish to express our thanks to the many scholars, students, and church leaders who attended and contributed to the Bingham Colloquium on he Bible and Social Justice. Special appreciation goes to Stanley e. Porter, the convener of the Bingham Colloquium, who encouraged the proposal of this topic for the 2012 meeting and graciously allowed us to organize and oversee the event. it is our prayer that the papers from this conference, collected in this volume, will encourage further thinking and academic study of the theme of God’s justice within the words of Scripture. We further hope that these papers will challenge us as individuals, and collectively as the church, to live out God’s clear call to seek out justice in our time and context. Contributors Shannon e. Baines (PhD McMaster Divinity College) wrote her dissertation on social justice within the Minor Prophets and the Pentateuch in the old Testament. her Master of Religion thesis was titled “Provisions for the Poor in the Laws of Deuteronomy.” Shannon has worked at Yonge Street Mission as a Resource Worker serving the poor in downtown Toronto and was involved in the Mission’s church for a number of years. Mark J. Boda (PhD university of Cambridge) is Professor of old Testament at McMaster Divinity College. he has authored 9 books, edited 17 volumes of collected essays, and written over 90 articles on various topics related to the old Testament and Christian heology. Key areas of his interest include old Testament heology, prayer and penitence in old Testament and Christian heology, and Babylonian and Persian Period hebrew Books and history. M. Daniel Carroll R. (PhD university of Sheield) is Blanchard Professor of old Testament at Wheaton College. Prior to this, he taught at Denver Seminary for many years. Before going to Denver, he was professor of old Testament and ethics at Seminario Teológico Centroamericano in Guatemala City, Guatemala, and continues as adjunct there. he has written extensively on old Testament ethics, focusing especially on the prophetic literature. Related to his work on prophetic ethics, he is involved in eforts to reform immigration legislation in the uSa. Bryan R. Dyer (PhD McMaster Divinity College) wrote his dissertation on the topics of sufering and death in hebrews. Prior to this he worked for four years in full-time ministry and earned his Ma from Denver Seminary. he is the co-editor of Paul and Ancient Rhetoric and currently works for Baker academic as an acquisitions editor. ix Contributors Craig a. evans (PhD Claremont university) is the John Bisagno Distinguished Professor of Christian orgins at houston Baptist university. he taught at acadia Divinity College for many years and also McMaster university and Trinity Western university. he has published many books and scholarly articles on Jesus and the Gospels, including “Jesus’ ethic of humility,” Trinity Journal 13 (1992) 127–38, which in 1993 was awarded a Templeton Prize in humility heology. Paul S. evans (PhD university of St. Michael’s College) is assistant Professor of old Testament at McMaster Divinity College. he also taught biblical Studies at ambrose university College and Seminary in Calgary, alberta. he has published several articles on the books of Kings and Chronicles as well as an award-winning book on 2 Kings. he emphasizes the theological signiicance of the old Testament and the value of its application for the church today. David L. Mathewson (PhD university of aberdeen) is associate Professor of new Testament at Denver Seminary. he has taught at Gordon College, Wenham, Ma and at Gordon Conwell heological Seminary. Dave has authored books and articles on Revelation, the old Testament in the new Testament in Revelation, Greek grammar and linguistics, and verbal aspect, as well as diicult new Testament issues that can be resolved by linguistic analysis. Stanley e. Porter (PhD university of Sheield) is President, Dean, and Professor of new Testament at McMaster Divinity College. he has taught for over thirty years in post-secondary institutions in Canada, the uSa, and the uK. his publications include 18 authored books and over 250 journal articles and chapters, along with over a hundred other shorter pieces; he has also edited nearly 80 volumes. Stan has a wide range of academic specialties. one of his recent publications is How We Got the New Testament: Text, Transmission, Translation. Cynthia Long Westfall (PhD university of Surrey) is assistant Professor of new Testament at McMaster Divinity College. She has taught at all levels in institutions in north america, including Denver Seminary and Colorado Christian university. She has written and edited several books and written numerous articles about topics including hebrews, Jewish x Contributors Christianity, discourse analysis, linguistics, and gender. in Denver and hamilton, ontario she has focused on urban discipleship and has ministered to those who are at risk for homelessness in the urban community. xi abbreviations aB anchor Bible ABD Anchor Bible Dictionary, edited by David noel Freeman. 6 vols. new York: Doubleday, 1992. aBRL anchor Bible Reference Library ANET Ancient Near Eastern Texts Relating to the Old Testament. edited by James B. Pritchard. 3rd ed. Princeton: Princeton university Press, 1969. aSV american Standard Version Bible BBB Bonner biblische Beiträge BBR Bulletin for Biblical Research BBRSup Bulletin for Biblical Research Supplements BCoTWP Baker Commentary on the old Testament Wisdom and Psalms BDB Francis Brown, S. R. Driver, and Charles a. Briggs. Hebrew and English Lexicon of the Old Testament. oxford: Clarendon, 1907. BeCnT Baker exegetical Commentary on the new Testament BeTL Bibliotheca ephemeridum heologicarum Lovaniensium Bib Biblica Bibint Biblical interpretation Series BT he Bible Translator BZaW Beihete zur Zeitschrit für die alttestamentliche Wissenschat BZnW Beihete zur Zeitschrit für die neutestamentliche Wissenschat CBQ Catholic Biblical Quarterly ch(s). chapter(s) Chane Culture and history of the ancient near east xiii Abbreviations DOTP Dictionary of the Old Testament Prophets, edited by Mark J. Boda and J. Gordon McConville. Downers Grove, iL: interVarsity, 2012. esp. especially EvT Evangelische heologie HBT Horizons in Biblical heology iBC interpretation: a Bible Commentary for Teaching and Preaching iCC international Critical Commentary Int Interpretation JBL Journal of Biblical Literature JETS Journal of the Evangelical heological Society JGRChJ Journal of Greco-Roman Christianity and Judaism JJS Journal of Jewish Studies JSNT Journal for the Study of the New Testament JSnTSup Journal for the Study of the new Testament Supplement Series JSOT Journal for the Study of the Old Testament JSoTSup Journal for the Study of the old Testament Supplement Series LBS Linguistic Biblical Studies LhBoTS he Library of hebrew Bible / old Testament Studies LnTS he Library of new Testament Studies MnTS McMaster new Testament Studies MT Masoretic Text n note naC new american Commentary nCBC new Century Bible Commentary niBCoT new international Biblical Commentary on the old Testament niCnT new international Commentary on the new Testament niCoT new international Commentary on the old Testament xiv Abbreviations NIDB New Interpreter’s Dictionary of the Bible, edited by Katharine Doob Sakenfeld. 5 vols. nashville: abingdon, 2006–9. NIDOTTE New International Dictionary of Old Testament heology and Exegesis. edited by Willem a. VanGemeren. 5 vols. Grand Rapids: Zondervan, 1997. niGTC new international Greek Testament Commentary niVaC new international Version application Commentary nTL new Testament Library nTM new Testament Message NTS New Testament Studies oBT overtures to Biblical heology oTL old Testament Library PnTC Pelican new Testament Commentaries RBL Review of Biblical Literature SBL Society of Biblical Literature SBLDS Society of Biblical Literature Dissertation Series SBG Studies in Biblical Greek SnTa Studiorum novi Testamenti auxilia SnTSMS Society for new Testament Studies Monograph Series SoTSMS Society for old Testament Studies Monograph Series STDJ Studies on the Texts of the Desert of Judah TDNT heological Dictionary of the New Testament, edited by Gerhard Kittel and Gerhard Friedrich. Translated by Geofrey W. Bromily. 10 vols. Grand Rapids: eerdmans, 1964–76. TDOT heological Dictionary of the Old Testament, edited by G. Johannes Botterweck and helmer Ringgren. Translated by John T. Willis et al. 8 vols. Grand Rapids: eerdmans, 1974–2006. ThKnT heologischer handkommentar zum neuen Testament TLNT heological Lexicon of the New Testament, by C. Spicq. Translated and edited by J. D. ernest. 3 vols. Peabody, Ma: hendrickson, 1994. xv Abbreviations TnTC Tyndale new Testament Commentaries TTZ Trierer theologische Zeitschrit uniCeF united nations Children’s Fund v(v). verse(s) VT Vetus Testamentum WBC Word Biblical Commentary WunT Wissenschatliche untersuchungen zum neuen Testament YneR Yale near eastern Researches ZAW Zeitschrit für die alttestamentliche Wissenschat ZNW Zeitschrit für die neutestamentliche Wissenschat und die Kunde der älteren Kirche xvi introduction Cynthia Long Westfall and Bryan R. Dyer i t has been argued that a cry for justice is heard throughout the pages of Scripture. it is found in israel’s laws and commands, explored in its wisdom literature, and demanded by its prophets. it can be found in the teachings of Jesus, then repeated throughout the writings of the early church, and it serves as the background for Paul’s teaching and exhortations. he call to implement God’s justice here on earth, what we might deem “social justice,” remains vital to the church in its present context, but it needs deinition and further discussion. in recent years, the term social justice has become politicized, criticized, and oten used with a variety of meanings and for a variety of causes. our understanding of biblical social justice is this repeated cry for God’s justice throughout Scripture that targets conditions and behavior in the biblical writers’ days that correspond to conditions and oppression in our current local and global context. oten, however, social justice is deined not by words but by action: helping the poor, caring for the outcast, and giving a voice to the oppressed. it incorporates exposing injustice and confronting the systems that bring about oppression. his is no small task, and the pages of Scripture testify to its signiicance. Surprisingly, however, an exploration of this theme in the Bible is lacking in most academic and church circles. Such an important biblical concept deserves faithful and earnest attention by scholars who take the Bible’s cry for justice seriously with an eye to how it might be lived out in today’s context. To meet this need, the 2012 Bingham Colloquium focused on the topic “he Bible and Social Justice.” he colloquium brought together scholars from across north america to present substantial papers exploring the biblical theme of social justice. each paper was presented to a room of academic scholars, graduate students, and church practitioners. he xvii Introduction conversations following each paper were lively and constructive and discussions continued well ater the colloquium concluded. our hope is that rigorous study of the biblical theme of social justice was met with practical concerns for how the church might respond to our world’s cry for justice in the name of Christ. he eight papers are collected here in an efort to extend this conversation and to contribute to the much-needed resources concerning social justice for both academic and church study. he irst paper, by Paul S. evans on the Covenant Code in exodus 21–23, examines the role of old Testament law in developing a biblical theology of social justice. By focusing on this particular law code, held by some to be the most ancient in biblical literature, evans leshes out the concern for justice in a text that oten seems to have little contemporary relevance. To gain better understanding, evans irst places exodus 21–23 within the context of other law codes in the ancient near east. Such legal literature was common in the ane and israel’s concern for the marginalized went beyond what was found in the surrounding cultures. Looking at the purpose of the law code, evans argues that instead of functioning as true laws, the code was created—at least partially—to teach the principles behind legislative laws. he bulk of evans’s paper consists of a comparative reading of the Covenant Code and other ane law codes. examining such issues as class distinctions, concern for the vulnerable, slavery, and punishments, he concludes that israel’s law code demonstrates a higher concern for justice than other ane documents. his has implications for the church today, and evans brings attention to how the principles of the Covenant Code translate to contemporary issues—including care for the poor, alien, widow, orphan, and slave. Movement to contemporary culture brings certain tensions, however, as israel’s law code oten fails to meet the ethical standards of the twenty-irst century. he morality of the Covenant Code therefore has certain limitations, as many of its laws fall short of full rights for the marginalized and implementation of ethical ideals. in response to this, evans points to the hermeneutic of suspicion, demonstrated by Jesus in Matthew 19 regarding divorce. if the Mosaic law on divorce, while demonstrating a higher ethic than its ane counterparts, can be understood as an accommodation to hard-heartedness and not an ethical ideal, might we not also see aspects of the Covenant Code in this light? if so, evans argues, approaching these texts with a similar “suspicious reading” allows for identifying the redemptive direction of israel’s laws while noting their limitations. While not xviii Introduction easy, this is the task set before modern Christians when examining these sometimes diicult passages of sacred Scripture. in the second paper, Mark J. Boda and Shannon e. Baines examine the relationship between social justice and the old Testament Wisdom Literature. heir exploration is positioned in relationship to recent scholarship— particularly that of Pleins, Malchow, and houston—which disagree on the degree to which this literature addresses the issues of poverty/wealth and justice/injustice. Boda and Baines begin with the book of Proverbs—showing that through the genre of pithy sayings the book articulates a concern for justice in all facets of life. While recent studies have limited concepts of social justice to matters pertaining to aspects of poverty, Proverbs also speaks to justice in matters of honest living and fair treatment of others. Moving to the more philosophical stream of wisdom literature, Boda and Baines show how ecclesiastes presents the sobering realities of human existence—particularly in relation to justice and economics. he author’s strategy is irst to recognize the futility of life given these realities and then to present a mediating view between valuing wealth and praising poverty. in addition, the author encourages the readers to live in the assurance that God will judge oppression. he book of Job, according to Boda and Baines, airms the signiicance of social justice within the wisdom tradition while at the same time challenging its notions of justice. Further, Job demonstrates a movement away from an anthropocentric ixation on humanity, with a reminder of humanity’s place within the cosmos. he third paper, by M. Daniel Carroll R., turns our attention to the prophetic literature with its cry for justice and emphatic defense of the vulnerable. Focusing on amos 5:1–17, Carroll identiies the essential elements of the message of justice found throughout the prophetic literature. he identiies this section of amos as a chiasm and uses each of its corresponding sections to draw out the concern for justice found within. he outside sections of this passage (5:1–3, 16–17) are concerned with the punishments and violence of God toward injustice and those who perpetuate it—a topic of much debate. as Carroll points out, it is oten emphasized that God demands justice but rarely do such discussions delve into how God responds to injustice with punishment within history. as these verses make clear, a commitment to justice demands a developed theology of divine judgment. he second set of verses in the chiasm (5:4–6, 14–15) makes clear that justice is a vital part of acceptable religion before Yahweh. Religion must include a desire for justice, a call for virtue, and a future hope for xix Introduction global justice. amos 5:7 and 5:10–13 make up the next set of verses, which describe the abuse of justice in israel. as such, these verses specify what justice entails in practice. as Carroll points out, justice must be tied to legal principle along with moral principle—while the legal aspect may change in diferent contexts, the moral principle remains the same. Finally, amos 5:8–9, the center of the chiasm, grounds the concept of justice in the person of Yahweh. he demand for justice is established in the heart of God and his absolute sovereignty guarantees future global justice. he fourth paper, by Craig a. evans, looks at the language of “justice” or “righteousness” (δικαιοσύνη, δίκαιος) in the Gospels of Mark and Matthew. as evans points out, this vocabulary, and the theological concepts to which it gives expression, is complex and the Greek words are oten translated in a variety of ways. With this understanding, evans explores each occurrence of justice and righteousness language in Mark and Matthew—along with references to these concepts without the presence of these particular words. his last point is especially signiicant for the Gospel of Mark, where the notions of justice and righteousness are presupposed in the narrative and presentation of Jesus’ teaching. While words from the δίκαιος family appear just twice in Mark’s Gospel, evans demonstrates how the concepts ind expression in other ways. Mark could have been more explicit in his inclusion of justice/righteousness concepts but was content to let the implications of Jesus’ teaching speak for themselves. he Gospel of Matthew contains substantially more references to δίκαιος and its cognates than Mark (28 appearances). Dividing these occurrences into the material Matthew inherited from Mark and Q along with the material unique to Matthew’s Gospel, evans irst surveys the material and then explores the meaning in each use. evans argues that most occurrences of δίκαιος and δικαιοσύνη refer to ethical requirements—things that God and/or Jesus expect of his people. his does not account for all of the uses, as evans also shows where God’s own righteousness is being referred to. in the ith paper, Bryan R. Dyer examines the theme of justice in the life and teaching of Jesus and his earliest followers in Luke–acts. Looking irst at how justice was understood in old Testament prophetic literature, Dyer argues that this served as the background upon which Luke presented Jesus’ ministry. in the Gospel of Luke, quotations, allusions, and appeals to this prophetic literature—especially isaiah—become the lens through which the author portrays Jesus’ emphasis on justice. among many passages xx Introduction in Luke’s Gospel, 4:18–19 is signiicant in that Jesus quotes from isaiah to initiate and orient his public ministry as “good news for the poor.” Jesus’ concern for the poor—a term that includes various marginalized groups— certainly has a spiritual dimension, but Dyer argues that meeting people’s physical needs is a genuine concern for Jesus in Luke’s Gospel. in the acts of the apostles, the emphasis on justice is continued by the early Christian community—although references to the prophetic tradition are noticeably fewer. Yet the author presents the community as one where “there was not a needy person among them.” his description not only met an ideal of Greco-Roman society, but also fulills Yahweh’s standard of justice. Further, in acts, Luke emphasizes the practice of almsgiving as a counter-cultural response to the poor and needy. More than simply a one-time monetary donation, almsgiving, according to Dyer, should be understood as genuine solidarity with those in need and an undermining of cultural norms that perpetuate injustice. he sixth paper, by Stanley e. Porter, examines the notion of social justice in Paul’s letters. he begins by noting the shortcomings of the term “social justice” and reframes his use within a larger conception of human behavior in relation to God. his certainly has a social dimension, and Porter continues by setting the stage of the social world into which Paul’s letters speak. hree groups are highlighted as particularly disenfranchised by means of their socio-economic position within Roman society—women, slaves, and foreigners (including the Jews). Porter shows how Paul spoke directly to the heart of this socio-economic imbalance in the Roman world, focusing particularly on Gal 3:28. Porter points out that Paul’s response to the Roman socio-economic structure is the competing institution of the church. all of the major statements by Paul on socio-economic relations are grounded within the framework of what it means to be a follower of Christ. his causes believers to transform their own relationships into bonds within a new family—with God or Christ as the paterfamilias. Membership within this community carries its own obligations—one of which is the care of other members in appropriate ways. Porter argues that in Paul’s writing, caring for those in need begins within the body of Christ and has the goal of each member getting to a place where they too can contribute. Traditional barriers and boundaries were transformed within the church as new standards were developed. hus, according to Paul, true civility could only occur within the church, where members lived with respect and love for each other in the xxi Introduction expectation of the return of their Lord and Master, Jesus Christ. as Porter points out, this is a compelling model for believers today and may be the catalyst for the contemporary church to become more vibrant and distinctive within their surrounding culture. in the seventh paper, Cynthia Westfall describes how the letters and homilies of the General epistles and hebrews bring forward the prophetic voices of the old Testament on social justice and address them directly to the church. She claims that these letters and homilies are issued from and directed toward a Jewish worldview in which the old Testament concepts of social justice resonate and are relevant in the new contexts. heir attitude toward the Roman empire relects old Testament attitudes towards the oppressive empires of earlier times. in addition, Jewish Christianity in the irst century experienced a higher degree of marginalization than the non-Christian Jewish communities or the Gentile churches, so that they represented the needy, the oppressed and the marginalized. She proposes a working deinition of social justice that relects the elements found in the documents of the early Jewish Christian communities: it is “he provision by the individual believer and the church community of appropriate care for those sufering from need and oppression within the sphere of the community’s responsibility and inluence.” Westfall suggests that the Jewish Christian community represented by hebrews and the General epistles could be taken as synonymous with “the poor.” hey represent believers who sufer from need and oppression, because they experienced poverty, victimization, and sufering as well as identiied with the diicult experiences of the refugee or resident alien. he Jewish Christian corpus ofers suggestions for appropriate care within the community in terms of hospitality, the provision of life’s necessities, equalization, prophetic and theological teaching on justice, practical and theological correction of injustice, and the maintenance of a biblical narrative that frames the life and actions of the Christian community. Westfall describes how the Jewish Christian corpus mandated taking responsibility for ensuring social justice where injustice was encountered. he pragmatic capability in terms of resources and scope of the Jewish Christian communities for social justice was limited, but they enacted social justice beyond what could be expected. in contrast, Westfall asserts that believers in north america have comparatively vast social, economic, and political resources to bring to global participation with commensurate responsibility. xxii Introduction in the eighth and inal paper, David Mathewson explores the concern for social justice in Revelation. While the presence of this concern in Revelation is contested by some, Mathewson argues that Revelation addresses issues of social justice in a more implicit fashion that other biblical texts. John does not explicitly address care for the poor, widows, and others in need, but rather exposes the underlying system of injustice and violence within Rome. as such, Mathewson argues, Revelation addresses social justice by focusing on the broader issues of power and idolatry. as an apocalypse, or unveiling, Revelation exposes the true nature of things by critiquing imperial Roman rule. John’s critique is an ideological one that identiies Rome’s oppressive and exploitive practices. one way that John accomplishes this is by contrasting the Roman imperial cult and worship with worship of the true God. hroughout Revelation it is God, or the Lamb, who is seated on the throne—not the emperor. it is God who is sovereign and the bringer of peace—not Rome. in essence, then, John is exposing the arrogance and idolatry of Rome in light of true worship of God. Mathewson identiies a second way that John critiques Rome’s oppressive ideology: by addressing economic and social injustice. Focusing on three sections in Revelation (chs. 6, 17–18, 21–22), Mathewson shows how John portrays the Roman empire as exploitative and unjust in its economic practices while ofering a counter vision of a just and perfect society. as such, Revelation calls readers to actively confront the unjust and exploitative practices of empire while also identifying with the oppressed and victims of such injustice. in this way, according to Mathewson, Revelation—a book claiming to be an “unveiling”—may function to unveil our own commitments. he contributions described above extend the conversation on biblical social justice to new ground. academic discussions on biblical social justice have occurred primarily in the venue of Catholic scholarship due to both a historic focus and a more recent interaction with Liberation heology. on the other hand, in Protestant circles, there has been less of a distinctive focus in academic work, though certain groups have rallied around issues of social justice. Methodism has had a strong continuing tradition of social action. in north america, there was signiicant involvement with the abolitionist movement that ended slavery in the nineteenth century and in the civil rights movement in the mid-twentieth century. in the last quarter of the twentieth century, a movement for biblical social justice within the evangelical community was initiated by the publication of Ronald Sider’s xxiii Introduction Rich Christians in an Age of Hunger in 1977. however, the stress has largely been on activism and the conversation has primarily taken place in the domains of theology and ethics, while there has been a lack of robust discussion, if not neglect, by Protestant scholars in biblical studies. it is our hope and prayer that this volume will lay a foundation for further discussion. xxiv 1 imagining Justice for the Marginalized A Suspicious Reading of the Covenant Code (Exodus 21:1—23:33) in Its Ancient Near Eastern Context Paul S. evans inTRoDuCTion i t is for good reason that social justice is a topic of great concern in both the church and broader society today. For the church, at least, the roots of this concern go back to the literature of both the old and the new Testaments. in the old Testament there is tremendous emphasis on social justice in each of its major sections, with the most obvious and sustained emphasis being found in the prophetic books. however, the prophetic concern with social justice goes back further to old Testament legal collections. his should not be too surprising, given that ancient Jewish tradition held that the prophets in their missions to israel and Judah were merely exponents of the concerns of the Torah. in order to bring out this concern with social justice in the Torah itself, this essay will examine the legal collection contained in exod 21:1—23:33 with a view to inding its contribution to a biblical theology of social justice. his section of exodus has been called the 1 The Bible and Social Justice Covenant Code (hereater, CC) by scholars,1 and is widely held to consist of some of the most ancient laws in biblical literature.2 he labeling of these chapters as a “code,” that is, a law code, relects best the dominant assumption among most modern readers that the CC is a collection of laws that served as part of the actual law code to which judges appealed in adjudicating legal decisions in ancient israel. unfortunately, the understanding of it as a document that was to function in this way for an ancient community oten undermines attempts at underscoring its relevance for Christians today. ater all, we are not ancient israel and many of these laws clearly apply only to them. Furthermore, Christians oten fall into one of two camps regarding the actual morality of old Testament law. Some Christians, based on their strong faith in the character of the Scriptures as God’s word, hold irmly to the belief that the laws uphold the highest ethical ideals, and some, given the chance, would even support putting many of these laws into practice today. others have found the morality contained within these laws diicult to accept and falling below a modern ethical understanding of social justice. however, scholarly research on biblical legal literature has undermined these understandings of biblical law in important ways. his paper will critically engage salient points of this scholarly research on the CC in order to ofer further insights, and then suggest relevant implications regarding the role of the CC in developing a biblical theology of justice. The GenRe oF The CoVenanT CoDe he common view of these chapters, as suggested by the scholarly title, is that these laws were an actual legal code that was appealed to by the judiciary in making legal decisions in ancient israel. however, scholarly research on biblical legal literature has undermined this understanding of the CC. Two related issues are relevant here: the relationship between biblical legislation and other law codes from the ancient near east (hereater, 1. another popular label for these chapters is “he Book of the Covenant,” which derives its name from the narrative describing Moses’ descent from Mount Sinai with the tablets containing the Ten Words and additional laws. “hen he took the Book of the Covenant and read it to the people. hey responded, ‘We will do everything the LoRD has said; we will obey’” (exod 24:7). 2. olson, “Jagged Clifs,” 251. Van Seters has argued for an exilic date (Law Book) but see the compelling critiques by Levinson (“is the Covenant Code an exilic Composition?”), and otto (Review of Law Book). 2 evans—Imagining Justice for the Marginalized ane), and the question of whether these laws were really a law code or ever enforced at all. he CC and ANE Laws until the early twentieth century, biblical laws were the only legal literature from the ane known to interpreters. however, in the winter of 1901–2, French archaeologist Jacques de Morgan discovered a stele inscribed with the laws of the Babylonian king hammurabi, which date to approximately 1700 BCe.3 Subsequently, other legal material from the ane (e.g., Sumerian, assyrian, and hittite) was discovered, the majority of which predates the biblical material.4 Shortly ater their discovery many parallels between the ane codes and the biblical legal literature were noticed. hese similarities led most scholars to accept that there was a measure of dependence of biblical law on ane legal literature. Some5 saw ane codes as actual sources of biblical legislation,6 though most have stopped short of such conclusions as they have proved impossible to demonstrate with any certainty.7 Similarly, others8 suggested that the israelite laws depended on their Mesopotamian predecessors as a result of cultural difusion. however, this hypothesis is equally speculative and unable to be documented.9 More plausible is the suggestion of a common near eastern or Semitic legal tradition inherited by the israelites, which alleviates the need to posit actual literary dependence or cultural difusion to explain similarities between ane and biblical legislation.10 as Marshall writes: 3. hey were engraved near the beginning of his reign (ca. 1728–1686 BCe) (Blenkinsopp, Wisdom and Law, 95–96). 4. only the laws from the neo-Babylonian empire are more recent (ibid., 96). 5. e.g., alt suggested that the fundamental components of the CC were likely borrowed from the Canaanites (“origins”). Similarly, Meek, “origin of hebrew Law.” 6. e.g., Wright (Inventing God’s Law) has recently argued that the CC relies explicitly on the Code of hammurabi. Meyers notes parallel laws regarding stolen goods, bringing the case to god and paying back double. She concludes, “such correspondences suggest a direct textual dependence of the exodus rulings on the Code of hammurabi” (Exodus, 184). 7. Marshall, Israel and the Book of the Covenant, 19. 8. Bright, History, 89. 9. Marshall, Israel and the Book of the Covenant, 19. 10. Boecker suggests a common Semitic tradition (Law and the Administration of Justice, 77). others suggest israel shared in a continuing tradition of a near eastern 3 The Bible and Social Justice Given the geographical proximity of the ancient near eastern cultures producing these codes, the inluence that the similar environmental context must have had on social development and thus indirectly, its laws, and the reciprocal inluence among groups sharing the common Semitic tradition, such similarities may be expected.11 in sum, there is a general consensus in biblical scholarship that israel’s legal literature was not invented out of whole cloth but grew out of the already existing legal traditions of the ane.12 Moreover, israel’s concern for social justice was not unique but was something held in common with the surrounding cultures.13 it is evident that protecting the poor, widows, and orphans was common legal policy in ane legal texts.14 his can be seen even in Sumerian times in Mesopotamia,15 in egypt,16 and in ugaritic texts.17 in giving these laws to israel, it is abundantly clear that God communicated through legal and social norms common in the ane.18 While common law. however, the details are diicult to discover. Cf. Finkelstein, Ox, 17–20. 11. Marshall, Israel and the Book of the Covenant, 20. in many ways, the following statement by Blenkinsopp is fairly representative: “While in no case is it possible to derive israelite law directly from this mostly earlier material, it is now quite clear that early israel inherited a legal tradition which can be traced back to Mesopotamia of the third and second millennium BCe” (Wisdom and Law, 96). 12. as Baker writes: “although it is doubtful whether the compilers of the old Testament laws were familiar with the Mesopotamian and hittite law collections as such, it is likely that they were aware of legal principles common throughout the ancient near east” (Tight Fists, 306). 13. Fensham, “Widow, orphan,” 129; Waldow, “Social Responsibility,” 184–85; havice, “Concern for the Widow.” 14. Malchow, “Social Justice,” 299. For example, the Teachings of amenemope (egyptian) forbid stealing from the poor, cheating cripples, or encroaching on the ield of a widow. Cf. Lichtheim, “instruction of amenemope,” 116. he “Speech of the eloquent Peasant” (egyptian) describes a magistrate as “a father to orphans and a husband to the widow.” Cf. Shupak, “eloquent Peasant,” 100. 15. Kramer, Sumerians, 264; Fensham, “Widow, orphan,” 130–31. 16. ANET 407–410, 412–419, 421–424, 441–444. 17. ANET 149, 151. 18. Blenkinsopp also notes the narrative context of the CC, pointing out that just before these chapters the narrative describes “Moses’ father-in-law, Jethro, a Midianite and hence a non-israelite, ofering guidance to Moses concerning matters of judicial administration (exod 18:1–27)” already providing a precedent for “God’s wisdom mediated through a non-israelite culture.” he rightly comments, “a robust understanding of God as Creator ought to be open to considering and testing the wisdom, guidance 4 evans—Imagining Justice for the Marginalized this should not be too surprising, it is important to keep in mind moving forward. he wheel did not need to be reinvented. in dealing with similar legal concerns “israel did not start from scratch in working out the answers to such questions.”19 of course, belief in the inspiration of Scripture means we believe that God guided them in working out the answers to these questions. But the biblical writers clearly believed that God was at work in the other nations.20 his truth is ever relevant in modern issues related to social justice, as it sets a precedent for seeing God at work in non-Christian eforts in the area of social justice. Furthermore, the way the CC draws on secular legislation of its day models the way forward for meaningful partnership with secular humanitarian work today. The anCienT FunCTion oF The CoVenanT CoDe another issue that scholarly study has brought to the fore concerns the genre of both ane and biblical law codes. Recent research has questioned whether any of these law codes were actually used to settle legal disputes at all.21 First, there are no extant texts that suggest verdicts were settled by reference to law codes.22 housands of court cases and legal transactions are evidenced in extant Mesopotamian documents, yet it is clear that they were not based on the rulings of these ane law codes.23 Similarly, biblical evidence suggests that biblical legal literature was seldom (if ever) used for settling legal disputes or implemented in any way. his can be seen in biblical narratives, as they show very little correspondence with biblical legal material.24 For example, when ahab seeks naboth’s vineyard, there is no reference to biblical legislation (such as num 36:7–8), though it was very applicable.25 When David commits adultery (2 Sam 12:1–15) or other and laws ofered by other cultures, nations and communities that may not be our own” (Wisdom and Law, 98–99). 19. Goldingay, Israel’s Life, 38. 20. hat the CC is similar to other ane legal material “bears testimony to israel’s conviction that the Creator God is at work in the surrounding cultures; those societies are understood to be ordered in some ways congruent with God’s intentions for the world apart from speciic divine revelation” (Fretheim, Exodus, 241). 21. Marshall, Israel and the Book of the Covenant, 21. 22. Greengus, “Law in the oT.” 23. Meyers, Exodus, 183. 24. Patrick, Old Testament Law, 193–98. 25. Rofé, “Vineyard of naboth,” 90; Marshall, Israel and the Book of the Covenant, 21. 5 The Bible and Social Justice characters commit acts (e.g., worshipping false gods, murder) deemed worthy of capital punishment according to biblical law, these people are not sentenced in this way.26 Furthermore, Jer 34:8–23 gives clear evidence that biblical laws were not actually enforced, as it notes that people were not obeying legislation regarding the emancipation of slaves ater their set term of a maximum of six years.27 Second, neither biblical nor ane law codes appear suicient to service all the legal needs of their respective people. his can be clearly seen when one compares the eshnunna Laws (hereater, Le)28 and the Code of hammurabi (hereater, Ch).29 Both are Babylonian and written within a century of each other but each fail to cover valid cases the other gives. For example, both codes mention cases regarding the hiring of boats (Le §§3–5; Ch §§236–239, 275–277) but only the Ch (§240) deals with a case concerning the collision of a boat resulting in it sinking. he Le (§6) instead has a diferent case, not covered in the Ch, regarding someone damaging a boat while using it without the owner’s permission. if either law code attempted to be complete, one would expect both cases to be represented in it.30 Similarly, while the CC focuses on some important cases, it hardly covers the plethora of legal problems that would have arisen in ancient israelite society.31 Most scholars32 therefore believe that the CC is an incomplete collection. of course no law code is completely comprehensive, especially in ancient times where much law was transmitted orally.33 But it is clear that 26. Goldingay, Israel’s Life, 38. McKeating, “Sanctions.” 27. Sprinkle, Book of the Covenant, 66–67. 28. See ANET, 161–163. 29. See ANET, 163–180. 30. Greengus, “Biblical and ane Law,” 245. 31. as Blenkinsopp writes: “hey hardly qualify as law codes, since they are in no way comprehensive. hey contain, for example, no legislation on marriage and divorce, with the exception of Deut. 24:1–4, which presupposes divorce but says nothing about who may initiate it, under what circumstances, and with what consequences” (Sage, 39). 32. e.g., Boecker, Law and the Administration of Justice, 137–38; Patrick, Old Testament Law, 198–200. 33. as Meyers asserts, this is probably due to the fact that “many standard, widely accepted, and uncomplicated legal materials were probably transmitted in oral form” (Exodus, 183). Furthermore, as Greengus writes: “it is apparent . . . that the validity of the Babylonian laws did not depend upon their being written down” (“Biblical and ane Law,” 246). 6 evans—Imagining Justice for the Marginalized both ane and biblical law collections “were not intended to be complete codes of law.”34 if the CC was not meant to be a complete law code, what was its purpose? he intended role of the law can be seen in the abundance of so-called “motive clauses” found within biblical legal material.35 a motive clause is a phrase added to a command in order to give a rationale.36 For example, several laws concerning the oppression of non-israelites provide a motive clause encouraging empathy by reminding the audience of their former status of being “aliens in the land of egypt” (e.g., exod 22:21; 23:9).37 other motive clauses encourage sympathy regarding the plight of others, such as the law requiring the return of the garment taken in pledge (“it may be your neighbor’s only clothing” exod 22:26–27). Several other motive clauses can be found, some of which simply provide an explanation (e.g., “so that your ox and donkey may have relief ” exod 23:12) or tie the law to salvation history in some way (e.g., exod 23:15). he abundance of motive clauses in the CC mark its legislation as distinct from otherwise similar ane legislation. only approximately 5 to 6 percent of stipulations in comparable ane material provide such motive clauses, while in biblical legal literature nearly half of the stipulations contain such clauses.38 he presence of these motive clauses probably points to the intended function of these laws to teach moral standards to a broader audience, rather than to be used by the judiciary.39 he CC functioned to motivate ancient israelites to implement the “justice” that these laws represent.40 hat is, biblical law functions to “develop the conscience of the community.”41 as haas has put it, biblical law “does not so much tell us what to do as it teaches us how to think about what to do.”42 herefore, this 34. Greengus, “Biblical and ane Law,” 246. 35. Meyers, Exodus, 185. 36. Cf. Sonsino, Motive Clauses. 37. Meyers, Exodus, 185. 38. ibid. 39. ibid., 185–86. 40. Patrick, Old Testament Law, 198–200. 41. Bauckham, Bible in Politics, 39. Blenkinsopp similarly writes: “their intent was primarily didactic; the collections were put together to serve the purpose of moral education” (Sage, 39). 42. haas, “Quest,” 153. 7 The Bible and Social Justice suggests that these laws were created at least partially in order to teach the principles behind the laws themselves.43 understanding the purpose of these texts provides a key to their interpretation. if the CC was never meant to function as true law, two diferent approaches are undermined. First, and most obviously, any approach that attempts to implement them literally as law is obviously misguided (especially in light of the time-bound nature of the situations described therein). Second, an interpretive approach that would reject the relevance of the CC due to it being literally an ancient law code that was only applicable to its ancient israelite audience should be re-examined.44 The MoRaLiTY oF The CoVenanT CoDe as noted above, some interpreters, inluenced by theological presuppositions regarding their view of Scripture, hold that biblical legal literature represents a high morality that was uniformly superior to the morality of the day. other interpreters ind the morality of these laws suspect or even immoral at times. Previous to the early twentieth century, in the absence of comparative ane material, both of these positions were equally plausible. at that time one could assert that israelite laws were utterly unique in their morality, as it was impossible to assess whether the biblical legislation was humanitarian in nature when compared to other law codes of the time. however, modern comparative study of biblical and ane legislation has brought new insights that impact both of these interpretive conclusions.45 43. Greengus, “Biblical and ane Law,” 246. anderson notes that “the biblical laws . . . may not have been enforced within a judiciary system” but suggests that they were still quite inluential and likely were employed at least for public shaming by the community (Women, Ideology and Violence, 82). 44. if calling for only literal implementation, one should recognize that biblical law “belongs in the life of israel, which is distant from us” (Goldingay, Israel’s Life, 41). 45. of course there is no complete consensus concerning the results of comparative study of the legal literature of the old Testament and the ane. Some hold that old Testament morality was more or less of the same nature as that found in other ane law collections. Blenkinsopp’s statement would be representative of this position. he writes, “a comparison of the laws in the Mesopotamian collections with those of the Covenant Code does not support the view that the latter are in all respects more advanced and humanitarian in character. nor does it substantiate the liberal idea of a progressively enlightened approach to penal legislation . . . he Covenant Code stands apart not so much by virtue of its substance, but because of the historical-narrative context in which it is presented and its evolution, seen especially in the expansions” (Wisdom and Law, 98–99). Cf. olson, “Jagged Clifs,” 256. First, it must be noted that part of the reason Blenkinsopp argues this way is due to his redactional analysis of the CC in which he 8 evans—Imagining Justice for the Marginalized a comparative reading shows that much is held in common between the CC and ane legislation. however, focusing on the ways in which the former departs from the latter aids interpreters in determining its distinct vision of social justice and in identifying underlying principles or, as Meyers puts it, “speciically israelite values.”46 While the excavating of principles behind laws is an imprecise science,47 it is more likely that principles actually did lie behind this legislation rather than that “they are random imperatives with no rationale beyond the desire to get israel to live in obedience to God.”48 herefore, this study will now undertake a brief comparative reading that will focus on the CC’s distinctiveness in order to determine the principles and ideals it sets forth.49 separates “expansions” from the original versions of the laws, granting that the expansions show a movement towards higher morality. Blenkinsopp considers these “expansions” to be oten of “a general ethical” nature and divides verses in two without a clear rationale or method for doing so. For example, he divides exod 22:21 as follows: “You shall not wrong or oppress a resident alien, for you were aliens in the land of Egypt [italics indicating editorial ‘expansions]” (Wisdom and Law, 98). Second, one of his main objections to biblical morality is the use of the death penalty. however, several recent studies undermine this position concerning the morality of biblical laws as compared to ane law collections and in my opinion reveal the lack of sophisticated analysis (on the part of those who would hold to Blenkinsopp’s position) of the biblical laws in their ancient context (cf. Marshall, Israel and the Book of the Covenant; Sprinkle, Book of the Covenant; Baker, Tight Fists). 46. Meyers, Exodus, 185. 47. Moshe Greenberg has undertaken a detailed study to discern principles underlying israelite law and concluded that israelite values conlicted with those of other ane collections (“Some Postulates”). hanson, on the other hand, has argued for two diferent value systems represented in the CC, one oppressive (the case laws) and one liberating (the apodictic laws), explaining the diferent values through a traditio-historical reconstruction running from the former to the latter (“heological Signiicance”). Both studies have been criticized as “ignoring particularities and tensions” in the CC (olson, “Jagged Clifs,” 256). 48. Goldingay, Israel’s Life, 333. 49. Discerning the underlying values or principles can be accomplished, as Goldingay puts it: “By noting how its vision, its concrete examples and its teaching reaches beyond traditional societies and beyond the point where as “law” it ceases to hold” (Israel’s Life, 41). My analysis of the laws in the CC will be not be exhaustive but will focus on laws that have direct bearing on social justice and the care for the deprived such as laws that concern the poor, marginalized, disenfranchised, and needy. 9 The Bible and Social Justice DiFFeRenCeS BeTWeen BiBLiCaL anD ane CoDeS Class Distinctions he CC does not evince the same level of class-consciousness as ane legal collections, where punishments routinely varied with class distinctions. For example, in the Ch, laws concerning the “goring ox” stated that if the victim of the ox was a free person the owner was more liable than if the victim was a slave (Ch §§250–253). or in hittite laws concerning attempted burglary, the guilty party was ined if he was a free man, but if he was a slave the culprit was ined and also mutilated (hL §§93–97).50 Furthermore, punishments could vary from a ine to actual execution depending on whether the victim was a member of the nobility, a citizen, or simply a slave. For example, if a person was convicted of assaulting another person, the same injury the culprit inlicted on his victim was to be inlicted on the culprit. however, if the victim was a slave or of a lower class, instead of the retaliatory injury, a ine was imposed.51 however, in the CC, punitive measures are meted out to all violators regardless of the social status of the one whose property is stolen or the status of the thief.52 in sum, in the CC, all citizens are considered equal, resulting in punishments for a crime being “not hindered or magniied by class or wealth.”53 Severity of Punishments Generally speaking, the punishments in biblical legislation are more humane than those in ane legal collections. For example, the punishments for violations of property rights in biblical legislation “never involve mutilation, beating or death.”54 Furthermore, the CC calls for capital punishment less oten than other ane legal literature.55 For example, ane law codes commonly mandate death for thet (e.g., Ch §§6, 8, 21–22; Le §§12–13), which appears to “make property more valuable than human life.”56 50. For the hittite Laws see ANET, 188–197; Baker, Tight Fists, 19. 51. Meyers, Exodus, 186. 52. Baker, Tight Fists, 307. 53. Walton and Matthews, Bible Background, 97. as Meyers asserts, in exodus, “comparable biblical materials have no class diferentiations” (Exodus, 186). 54. Baker, Tight Fists, 307. 55. Meyers, Exodus, 186. 56. ibid. he only thet worthy of capital punishment in the CC is the stealing of 10 evans—Imagining Justice for the Marginalized he Sanctity of Human Life a comparative reading of the CC with ane law collections underscores the biblical view of the sanctity of human life. For example, in the case of the goring ox, only the CC demands that the ox who kills a human (slave or free) be stoned and its lesh not eaten. Comparable ane legislation is concerned with economic loss, providing compensation to victims, or in the case of the death of a slave, compensation to the owner of the slave. however, the CC is less concerned with economic loss than with “bloodguilt, because human life is of inestimable value.”57 Concern for the Vulnerable even a cursory reading of the CC reveals that it is deeply concerned with those who are most vulnerable in society (the poor, foreigners/aliens, widows and orphans, and slaves). as noted above, in ane laws. the king was to be concerned with the protection of the vulnerable,58 but the actual legislation gives limited rights to widows and orphans.59 however, the CC has many distinctives in this regard that point to a deeper concern and higher morality than in contemporary ane codes. Concern for the Poor Several laws within the CC clearly have the interests of the poor in view. here are laws concerned with lending money to the poor, and sharing produce with the poor. hese laws not only aim to encourage provision for the poor but also to curb the growth of wealth, which would result in greater separation of the classes. Lenders were not to charge interest to the poor. persons (exod 22:16), relecting the value placed on human life. his is in regards to the sufering of both the one abducted and probably their parents. abductions were most commonly of children and the parents would sufer greatly, not only emotionally but also materially, as they would have no one to take care of them in their old age. (his likely explains the literary location of this law ater laws concerning striking of parents and before laws concerning cursing or repudiating parents.) (Sprinkle, Book of the Covenant, 76.) 57. Baker, Tight Fists, 307. 58. e.g., see the prologues of the ur-nammu code and Ch, which clearly state that a “wise ruler” protects the rights of the poor, widows, and orphans. 59. Baker, Tight Fists, 308. 11 The Bible and Social Justice if you lend money to my people, the poor among you, do not be like a moneylender—do not charge interest (exod 22:25).60 in barring the charging of interest on a loan, this law not only favors aiding the poor but also discourages the accumulation of wealth.61 here is a clear focus on the rights of the borrower rather than those of the lender. his is contrary to ane legislation, which simply assumes the right of the lender to charge interest, and seeks to standardize interest rates. While interest taking functioned to trap the poor into permanent poverty, this law seeks to prevent such a state of afairs and prevent the rich from proiting from the misfortune of others. But why would someone lend without any gain to be had? he CC envisions an israelite of means lending to the poor “as an act of charity rather than for his own economic gain.”62 Further concern for the poor is evidenced in the law concerning security for a loan. if you take your neighbor’s cloak as security for a loan, you must return it to him before sunset (exod 22:26). again, as in the law barring the charging of interest, the CC is more concerned with the needs of the borrower (the poor) than those of the lender (the rich).63 here the law implies that taking something as a security deposit is appropriate as long as it does not cause the borrower hardship. however, since the poor would have little of value to give for security that they would not desperately need, “this law virtually eliminates security in practice.”64 hat is, lenders are to loan to the poor without any guarantee that they will be paid back. Fallowing practices were aimed at sharing with the poor. You will sow your ields and harvest your crops for six years, but during the seventh year you will let the land lie unploughed and not use it, so that the poor among your people may eat from it, and what they leave, the wild animals can eat. You will do the same with your vineyard and your olive grove (exod 23:10–11). 60. all biblical quotations in this essay are my own translations. 61. Meyers, Exodus, 186. 62. Sprinkle, Book of the Covenant, 171. 63. Baker, Tight Fists, 309. 64. ibid. 12 evans—Imagining Justice for the Marginalized he policy of allowing the land to lie fallow every seventh year similarly discourages wealth accumulation (by restricting the income derived from one’s land) and also beneits the poor in making provision for those in need. While allowing the land to lie fallow is found in ane legislations, it is always for agricultural purposes and has nothing to do with social welfare or concern for the poor.65 hus, the biblical laws in this regard are unparalleled in ane legal collections.66 of course, it is possible—if not likely—that it was known in israel that the fallowing of the land was necessary for agricultural purposes (the reasons mentioned in ane laws for allowing the land to lie fallow). if this is the case, the law here is giving a moral rationale for the practice and directs the community to the importance of social justice issues. his would concur with the next verse that provides a similar rationale for what originally was clearly a cultic law. Six days you will do your work, but on the seventh day do not work, in order that your ox and your donkey may rest and the slave born in your household may be refreshed and the resident alien also (exod 23:12). While the Decalogue (e.g., exod 20:10–11; also 31:17) gives the rationale for the Sabbath as modelling God’s example in resting ater six days of creation, the CC Sabbath-keeping is done for the sake of giving rest to those who are disenfranchised (or beasts of burden).67 By tying concern for the disenfranchised to one of the fundamental commandments of israel’s religion, the CC is clearly underscoring the importance of mercy and kindness to the powerless in society. Concern for the Alien68 While concern for the poor, the widow, and the orphan is expressed in ane legislation, concern for the foreigner or alien is unique to biblical 65. as Walton and Matthews explain: “in Mesopotamia ields were let fallow even more frequently to limit the impact of the salt in the water used for irrigation. he practice also helps to prevent exhaustion of the nutrients in the soil” (Bible Background, 118). 66. Baker, Tight Fists, 309. 67. elsewhere, the rationale for the Sabbath being kept holy is that it is a sign between God and his covenant people (e.g., exod 31:13–14; ezek 20:12–24). 68. Structurally, exod 22:20–27 and 23:1–9 are clear units within the CC that focus speciically on social justice. Signiicantly, laws concerning the alien form an inclusio around these units as the irst unit begins with such laws and the second unit ends with 13 The Bible and Social Justice legislation.69 he CC legislates care and concern for ethnic minorities in the israelite community and reminds its readers that they too were once foreigners in a strange land.70 in fact, the Torah warns about treatment of foreigners thirty-six times—that is more than commands regarding the Sabbath, circumcision, thet, falsehood, or loving God!71 exodus 22:21 states: “Do not mistreat or oppress an alien, for you were aliens in the land of egypt.” here the law does not cite a hypothetical case to legislate but instead simply forbids mistreatment using an unconditional statement.72 in some ways this is not really a law as much as it is an exhortation. it bars any oppression of ethnic minorities, even if such oppression would otherwise be legal. ater all, foreigners could be oppressed by being paid extremely low wages or by being sold goods at prices far above standard rates (since aliens would not necessarily know the going rate).73 Both of these practices could be legal (though immoral), but both are banned by this command.74 again, this is not really an enforceable law since illegal means of oppression would be hard to prove. his is a moral exhortation to the israelite community to treat aliens well. Concern for Slaves he CC opens and closes with laws concerning slaves.75 Before delving into the details of the legislation, it is important to irst note that the type of slavthe alien, clearly underscoring their importance (Sprinkle, Book of the Covenant, 182). Blenkinsopp argues that this structural arrangement is “indicative of the character and intent of the laws as a whole” (Wisdom and Law, 95). 69. as Sprinkle notes, this “enlightened attitude towards non-israelites” has “no parallel in Mesopotamian law” (Book of the Covenant, 172). 70. Baker, Tight Fists, 308. 71. Leibowitz, Studies in Shemot, 380; Sprinkle, Book of the Covenant, 172. 72. his is, of course, what alt referred to as apodictic law. apodictic law, though not completely unique among ane legislation as once thought, is still quite rare there compared to its frequency in israel’s legislation. as Meyers observes, “he appearance of so many non-juridical and unconditional exhortations in addition to the case rulings and rules is not typical of near eastern corpora” (Exodus, 185). 73. Sprinkle, Book of the Covenant, 171. 74. as Sprinkle writes, this verse then could “condemn an israelite plaintif even if he has every legal right to his judgment against a sojourner if, given the circumstances, he ought to have shown mercy” (Book of the Covenant, 185–86). 75. here has been some debate over what type of slavery is referred to here. While consensus is that the laws of exod 21:1–11 concern debt slavery, some scholars (Greenberg, “Crimes and Punishments,” 738; Sarna, Exodus; Chirichigno, Debt-Slavery, 148–85) 14 evans—Imagining Justice for the Marginalized ery in view here is debt slavery (temporary enslavement). in the ane, debt slavery occurred when those who found themselves in debt (commonly farmers, small landowners, etc.) for one reason or another (e.g., persistent drought or continued poor harvests) were forced into selling not only their land, but also a family member or themselves.76 his type of slavery was meant to be only temporary, with the servitude lasting only until the debt was paid of. hus it difered signiicantly from chattel slavery, where the servitude is permanent and the slave owner has “an absolute right of disposal over their slaves.”77 extant ane documents legislate debt-slavery. he Ch limited debt servitude to three years (Ch §117). at nuzi the term could last up to ity years,78 while assyrian laws had no limitation on the length of the term. he fact that the Ch limits the term as it does suggests that longer periods of service were probably common.79 it is unknown whether this three-year rule was actually put into practice. he laws of Lipit-ishtar (§14) inform us that a debt-slave had to serve an equivalent to twice the debt they owed.80 in light of high interest rates, many debt-slaves were likely enslaved for longer or even permanent terms of servitude.81 ane documents clearly show that debt-slaves were their master’s property. in fact, extant legislation never prohibits masters from killing their slave.82 Furthermore, if someone killed someone else’s slave the ramiication was merely a payment of the price of the slave to the owner (Lh §116). his has led some to suppose an owner could kill his own slave with impunity.83 at the least, it is clear that the master could maltreat a slave at will without fear of legal punishment.84 he CC permits a period of servitude up to a maximum of six years (exod 21:2). he imperfect verb (‫ )יעבד‬is probably “permissive,” in that it view the laws in exod 21:20–21, 26–27 as concerning chattel slaves. 76. Walton and Matthews, Bible Background, 111. 77. Baker, Tight Fists, 136. 78. eichler, Indenture at Nuzi, 20–21. 79. Sprinkle, Book of the Covenant, 68. 80. Baker, Tight Fists, 137. 81. ibid. 82. Sprinkle, Book of the Covenant, 68. 83. Dandamaev et al., Slavery in Babylonia, 79, 460–64. 84. Sprinkle, Book of the Covenant, 68. 15 The Bible and Social Justice states how long a slave “may” serve rather than how long they “must” serve.85 Presumably smaller debts could be paid of in shorter terms than six years.86 in light of the lengthy terms permitted at nuzi and in assyria, the biblical legislation is far more favorable to the slave. however, as mentioned, in Babylon the Ch limited the term to three years. it is likely that the CC’s term of six years with freedom granted in the seventh year patterned itself ater the sabbatical principle. Furthermore, the term legislated may correspond to a standard wage of workers. elsewhere the old Testament notes that three years is the standard term, as isa 16:14 equates three years to the “years of a hired laborer (‫)ׂכיר‬.” Furthermore, Deut 15:18 states that when a slave is set free ater six years the owner should be grateful, for the six year term provided “double wages” (‫מׂנה‬ ‫ )ׂכר‬to the owner. hat is, a hired worker would have served only three years for that wage, but the debt-slave serves double that length of time. his is very similar to the legislation in Lipit-ishtar, which says a slave has to pay back double before gaining freedom.87 Regarding a debt-slave’s wife and children, exod 21:3–6 has a charitable intent, though from a modern perspective it is more diicult to perceive. Two scenarios are introduced. First, if the slave was married before his indenture, his wife and children do not lose their freedom due to their association with him.88 Second, if a slave is given a wife by his master, both she and any children born of their union remain slaves even when his term ends. normally, a debt-slave would not be able to marry without the aid of his master since he could not aford the bride-price necessary to acquire a wife.89 herefore, this law allows a slave to have companionship and the joy of a family even in his state of servitude.90 however, that the slave must choose between freedom and his family is diicult to perceive as having a charitable intent. again, the interpreter 85. ibid., 69. 86. hus the nLT translation of exod 21:2: “if you buy a hebrew slave, he may serve for no more than six years. Set him free in the seventh year, and he will owe you nothing for his freedom.” 87. as Baker (Tight Fists, 148) writes: “six years’ service to repay the debt means the creditor gets a worker at half the usual cost.” 88. Sprinkle, Book of the Covenant, 70. he notes the same thing in Babylonia as a free woman married to a slave is not a slave (see 70 n. 1). 89. ibid., 70. 90. it also beneits the slave owner as it may improve the attitude of his slave and also provide more slaves for the master through the children born of the union (ibid.). 16 evans—Imagining Justice for the Marginalized must irst attempt to see this law in all of its time-boundedness. Due to the harsh conditions in ancient times, a slave who had been freed ater a six year period of servitude, who had no family when he entered his service and possibly little to no extended family (or else they might have prevented his indentured service), would likely have a daunting task ahead of him. as Sprinkle writes, the freedom to which he would leave “would be a precarious freedom, perhaps little more than freedom to be lonely or freedom to starve. Falling back into servitude again, possibly with a less congenial master, would not be unlikely.”91 Furthermore, from another perspective, this law may be implying that in israel “slaves are to be looked ater so well that they might prefer to continue in that status rather than claim their freedom.”92 in light of this reality, the legislation ofers a debt-slave an opportunity for securing his future by choosing to join the household on a permanent basis. Furthermore, it may be speaking into an environment where the master may simply want to exploit his servants for “breeding purposes” and then force them to leave.93 By giving the slave the option of staying, it implies the master has no choice in forbidding him to stay. hat is, the master cannot then give the slave’s wife to another if the slave chooses to stay. here it is signiicant that the slave is the one given the choice. Furthermore, the best chance for the children may be their staying with the master rather than departing with the emancipated slave, which could actually be why the text does not consider letting the slave’s wife and children leave with him.94 of course, according to biblical legislation, when the Jubilee occurs all would be freed at that point anyway. Perhaps this law gives the slave the option of securing his family until the Jubilee comes (or his owner dies, at which point the slave and his family are thereby freed).95 he CC legislates the option for temporary slaves once they have served their term. another hypothetical situation is of a father selling his daughter as a slave-wife, ‫( אמה‬a diicult thing to imagine to someone living in the West today). his action was likely motivated by poverty and the resulting debt due to the fact that the father could not aford a dowry.96 of course this 91. ibid. 92. Baker, Tight Fists, 308. 93. Sprinkle, Book of the Covenant, 71. 94. ibid. 95. ibid., citing Josephus, Ant. 4.28; m. Qidd. 1.2. 96. Sprinkle, Book of the Covenant, 71. 17 The Bible and Social Justice situation is very time-bound and assails our modern sensibilities in many ways. he daughter appears to have no choice in the matter, which is quite unacceptable from a modern Western point of view, though it does relect the realities of life in ancient times. his is not simply the same situation as the previous one, that is, she is not just a debt-slave with a diferent gender. he slave-wife (‫)אמה‬ is likely best understood as a concubine (cf. Gen 20:17; 21:10, 13; 31:33; exod 23:12).97 as in the previous discussion regarding debt-slaves, some brief discussion regarding the status of a concubine in the ane is necessary before assessing details in this law. Concubines normally had a higher status than slaves, as can be seen in the Ch where it states that if a concubine attempts to be equal with her owner’s wife, she is punished by being marked a slave (Ch §146).98 in fact, a concubine with children was really more like a second wife than like a normal slave.99 he duties of a concubine were generally to work in the home and produce children (thereby adding workers to the home).100 her status in comparison to the master’s wife would always be secondary and inferior. her children also would be of a secondary status, with no privileges of inheritance—though this could change in some instances.101 a concubine who had borne her master children but was then sold as a debt-slave could be redeemed by her master (Ch §119). a concubine and her children were freed upon their master’s death (Ch §171). Contracts regarding the sale of a daughter as a slave-bride have been discovered at nuzi.102 While in Babylon and assyria, children sold into slavery had no conditions attached to their situation, at nuzi there was some protection for a daughter, as she was guaranteed to be married and not forced into prostitution.103 She was promised to the master, a son, another man, or even a slave104 and it appears that the daughter could be bought and kept for some time before it was decided whom she would marry. 97. Baker, Tight Fists, 152. Cf. neufeld, Ancient Hebrew Marriage Laws, 121–24. 98. Baker, Tight Fists, 151. 99. ibid. 100. ibid., 150–51. 101. e.g., if the master married the concubine etc. (Lipit-ishtar §26). Cf. Baker, Tight Fists, 151. 102. Mendelsohn, Slavery, 10–12 neufeld, Ancient Hebrew Marriage Laws, 75–76. 103. Baker, Tight Fists, 152. 104. Baker notes that an assyrian contract refers to a sale wherein the girl marries 18 evans—Imagining Justice for the Marginalized in the scenario envisioned by the CC, it is clear that the girl was intended to be a concubine for either the master or his son, and not a debt-slave. a young woman/girl in such a situation was obviously very vulnerable and the CC seeks to ensure humane treatment for her in this situation. Speciic standards of treatment are put in place. When the girl is given to the son, the purchaser is to treat her as a daughter (exod 21:9)—that is, she must not be considered a slave but a genuine member of the family.105 if the girl is to be the purchaser’s concubine, she is to be given full rights as a wife. if the purchaser changes his mind regarding the woman, he is not permitted to sell her as a slave but must arrange for her redemption (exod 21:8).106 Lastly, if the purchaser takes another concubine, the CC legislates rights to food, clothing, and marital/conjugal rights for the irst one (exod 21:9). if the master fails to provide for her in this way she is to go free, and the debt that led to the arrangement is absolved (the text says this explicitly ‫אינ‬ ‫)כסף‬.107 herefore, in the case of a concubine, her “slavery” is temporary, just as with male debt-slaves. if she is married, she is not a slave; if she is not to be kept as a concubine, she is either “redeemed” or set free and the debt forgiven.108 as Baker observes, “his kindness towards concubines is in notable contrast to their utilitarian treatment in Mesopotamia.”109 Regarding corporal punishment of slaves, two rules are found in the CC. he irst concerns the beating of a slave (exod 21:20–21) and the second concerns permanently injuring a slave (exod 21:26–27). hese laws are exceptional in their ane context in that they are concerned about a master’s abuse of a slave. While there are laws110 regarding the treatment of slaves in ane legal material, none are concerned with the master’s treat“the purchaser’s son” in order to “settle debts” (Tight Fists, 152). 105. hough this likely does not imply that she is the son’s wife, as she remains the son’s concubine (Baker, Tight Fists, 152). 106. his is the only use of ‫ פדה‬in the hiphil in the entire old Testament. normally ‫ פדה‬means “to redeem” or “be redeemed” but with the causative sense it is clear the owner is to “cause” this redemption. exactly how this would happen is unspeciied. 107. Westbrook, “Female Slave,” 236. 108. as Sprinkle comments, this law, like the previous one, “works towards her freedom” and “relects the text’s humanitarian, moral concern” (Book of the Covenant, 72). 109. Baker, Tight Fists, 308. 110. For example, in Ch §199, §220 there are laws concerning the blinding of someone else’s slave or breaking one of their bones (the penalty for either is to pay the master half the price of a slave). if someone kills the slave of another, the culprit has to either replace the slave or pay the owner the price of a slave (§116, §214, §219). 19 The Bible and Social Justice ment of the slave, but only the abuse of someone else’s slave. in ane legislation, compensation is paid to the master, not the slave. in other words ane laws “are not designed to protect slaves at all, but to protect masters from loss if their slaves are injured or killed by others.”111 in the CC, there is regulation of how severely a master can beat a slave. if a man strikes his slave (male or female) with a rod, and he dies immediately, he must be avenged (exod 21:20–21). While beating with a stick was a common disciplinary action (e.g., Prov 10:13), even for children (Prov 13:24), this law is concerned with occasions where a master beats his slave to the point of death. if a master beats a slave so that the slave dies directly from the beating, the penalty is that “he shall be avenged” (exod 21:20). While most translations read that the master “shall be punished” the hebrew clearly states ‫“ נקם ינקם‬he shall certainly be avenged.” his phrase normally implies death, and this was the understanding of both the Samaritan Pentateuch and ancient Jewish interpretation.112 hat the death of a slave should result in the death of the master is unparalleled in ancient legislation, for in the light of the principle of talion, such a verdict asserts that slaves are equal in value to their master. Furthermore, this applies to both male and female slaves. But if ater a day or two, [the slave] gets up, he is not to be avenged, since [the slave] is his money (exod 21:21). in this scenario, the slave survives the beating, at least for a day or two. Two diferent translations are possible here: (1) ater a beating the slave dies ater a day or two; (2) the slave gets up and recovers ater a day or two. if the former translation is preferred, the issue concerns whether the killing of the slave was intentional or unintentional. While the slave dying on the spot showed intentionality, the survival of the slave for a period of time showed that the master did not intend to kill the slave but merely punish the slave, as was his right (the slave is his money).113 however, if the latter translation is preferred, the slave did not die at all, though he was severely injured.114 in this case, the master would have to care for the slave until he was well again (for the slave is his money) just as in the previous law concerning the injury 111. Baker, Tight Fists, 122. 112. ibid., 126. 113. e.g., this is the interpretation followed by Sprinkle, Book of the Covenant, 91. 114. Chirichigno, Debt-Slavery, 173–77. Baker, Tight Fists, 125, follows Chirichingo’s interpretation. 20 evans—Imagining Justice for the Marginalized of a free citizen (exod 21:19).115 either way, the law makes the penalty the same whether the victim is a slave or a free person. While the previous law covered scenarios where the slave either dies or recovers, another law covers instances where the slave is permanently injured.116 Two examples of injuries are given: the loss of a slave’s eye and the loss of a slave’s tooth. While it may be questioned why a tooth should be worth as much as an eye, it is likely that these two examples serve as a word-pair giving upper and lower limits for applying the law.117 While masters had the right to use corporal punishment, any permanent injury— from injuries as small as the loss of a tooth, to one resulting in permanent blindness—resulted in the slave being given their freedom. hough this does not apply the principle of lex talionis, the penalty greatly favors slaves as it gives them freedom even for something as small as the loss of a tooth. as Brueggemann writes, “he cost of an eye or a tooth to the master might deter brutality . . . the emancipation changes fundamental social relations.”118 hus, this law concerning permanent injury would make masters quite cautious in doling out corporal punishment. his law combined with the laws concerned with the beating of slaves might function to discourage masters from using corporal punishment at all, given the possibilities of loss on their investment. More importantly for our purposes, once again the CC is seen as “treating marginal people as human beings.”119 in summary, though slavery was not abolished in the CC, biblical legislation provided considerable protection for slaves and forbade their abuse.120 While ane laws treated slaves as property, in the CC slaves themselves had rights. he CC also encourages empathy for the slave, reminding the people that they were once slaves in egypt (exod 22:21; 23:9). Baker correctly writes: [a]lthough slavery was not abolished in ancient israel, the laws move in the direction of ameliorating the condition of slaves . . . if put into practice, laws such as these would serve to limit the worst 115. Baker, Tight Fists, 125. 116. ibid., 128. 117. Sprinkle, Book of the Covenant, 95–96; Baker, Tight Fists, 128. 118. Brueggemann, “Book of exodus,” 841. 119. Baker, Tight Fists, 129. his is also seen in the penalty for an ox goring a slave. he ox is still to be killed and its lesh to remain uneaten because a slave, like a free person, is human and human life is sacred. 120. ibid., 308. 21 The Bible and Social Justice efects of slavery and ensure that even slaves have basic human rights.121 Concern for Widows and Orphans in ane legislation, widows and orphans are universally mentioned as classes of powerless people in society. Due to the harsh conditions in ancient times, with war, famine, and disease being commonplace, widows and orphans were ubiquitous. Widows could not inherit their deceased husband’s property, and orphans could only inherit property (Ch §191) or learn a trade if adopted.122 Some Middle assyrian laws legislate provision for a widow and give her the right to remarry if her husband is taken prisoner in war (and presumed dead).123 Some hittite laws legislated a levirate obligation by her dead husband’s family, but most widows had to seek employment or attempt to ind a new husband (e.g., Ruth).124 in the CC, as in the laws concerning aliens, an unconditional prohibition is given: “Do not abuse a widow or an orphan” (exod 22:22). again, because there were available legal means to abuse these disenfranchised people, the apodictic prohibition would be impossible to enforce. his is a clear moral exhortation. however, the case for protection is made even more strongly than in the case of an alien. he next verses read: if you do [oppress them] and they cry out to me, i will surely hear their cry. My anger will burn, and i will kill you with the sword; your wives shall become widows and your children orphans (exod 22:23-24). While lost in translation, the change from singular ‘you’ to plural ‘you’ in the hebrew is very interesting in this verse. Basically it says “if you [singular] do this, you [plural] will pay the price—God will slay you [plural] with the sword.” in other words, if an individual abuses the powerless, others will end up sufering on account of that act. he guilt would be not only on the individual but on the community.125 121. ibid., 120. 122. Walton and Matthews, Bible Background, 116. 123. ibid. 124. ibid. 125. as Sprinkle writes, “if israelites passively stand aloof and do not succor the aflicted when an israelite oppresses his fellow, the nation as a whole by merit of its inaction can be held guilty of the ofense” (Book of the Covenant, 169). 22 evans—Imagining Justice for the Marginalized Assessment in sum, a comparative reading of the CC in its ane context shows that the CC consistently emphasizes compassion and justice for the marginalized and vulnerable. While some of the values in the CC can only be appreciated if their ane context is taken into account, others transcend time as the CC “emphasizes compassion, encouraging positive action to supply the needs of the poor rather than simply fulilling minimal legal requirements.”126 he CC evinces a deep concern to protect the vulnerable from abuse in a way that is “not characteristic of other ancient near eastern cultures or even of classical Greece and Rome.”127 Coming back to the question of the morality of the CC, a negative judgment in this regard is not merited if its ancient cultural context is taken into account.128 as our brief analysis has shown, in comparison to its ane context, the CC shows a higher morality in its ancient cultural context and moves in a “redemptive direction.”129 aPPLYinG The CoVenanT CoDe FoR a BiBLiCaL TheoLoGY oF SoCiaL JuSTiCe in light of the above, the CC has much to contribute to a biblical theology of social justice. First, the motivations employed in the CC are still relevant today. he CC used “motive clauses” that appealed to God’s authority, called for compassion, reminded israelites how God saved them in the past, and exhorted israel to emulate God’s concern for the vulnerable in society. Such “motive clauses” are completely appropriate to similarly motivate Christians today.130 Second, as we have seen, these laws represent ways in which israel sought to aid the vulnerable and marginalized in society. hey attempted “to prevent unjust acts, to stimulate giving, and at least partially to equalize the 126. Baker, Tight Fists, 311. 127. Meyers, Exodus, 187. 128. his conclusion is contra those who would see CC law as merely conforming to or falling below the morality of its day. e.g., hanson writes, “he case laws are typical of the ordinances found in the great cultures of Mesopotamia” (he People Called, 44). Cf. Blenkinsopp, Wisdom and Law, 98–99. 129. Lamb, God Behaving Badly, 63. 130. as Malchow writes, “hus, the ancient legal codes of the Pentateuch can assist the modern church in its attempt to bring justice to the poor” (“Social Justice,” 306). 23 The Bible and Social Justice position of the rich and poor.”131 Following the lead of the CC in these areas, believers are called upon to take comparable measures in today’s society. how might we apply “those principles in equivalent regulations for our context”?132 Concern for the Poor he concerns of the CC with aiding the poor have direct impact on the mission of believers today. hough the cultural context has changed, the task of Christians remains to ind ways to aid the poor. as we have seen, the CC actually sets a precedent for charitable giving as it removes any monetary motivations for lending to the poor (no interest, no deposit, or expectation of payment back). Furthermore, through fallowing practices the economic prosperity of people of means is actually restricted in order to provide resources for the poor. he modern practice of higher income earners paying a higher percentage of tax may be seen as following this principle, provided that governments use these funds to provide for the poor. Finally, religious observances (the Sabbath) and business practices (fallowing the land) are reinterpreted to emphasize how they serve the poor, providing a strong rationale for viewing modern religious observances as serving the poor in direct ways (e.g., sharing church monies with the poor, acts of service to the poor as serving God). Concern for the Alien one does not have to look far to see modern analogues to the sojourner or the alien. in Canada today there are many new immigrants who are in need. here are many areas in which the church can serve such people, not only through providing programs (such as, for example, teaching english), but by embracing them as true fellow-citizens and welcoming them into our communities. From a global perspective, concern for the alien inds an analogue in the refugee. here are estimated to be 15.2 million refugees in the world today who are displaced due to political persecution, economic hardship, or on-going war.133 in addition to refugees, it is estimated that there are over 26 million “internally displaced persons” who remain in their country but have been displaced due to armed conlict within their 131. ibid. 132. Goldingay, Israel’s Faith, 333. 133. Birkeland et al. Global Overview, 13. unhCR, a Year of Crises, 3. 24 evans—Imagining Justice for the Marginalized own land.134 he church’s eforts in overseas mission and charitable giving are vital in living out the implications of the CC today to take care of the sojourner and the alien. Solutions to these problems are not easy, but biblical ethics underscores the importance of working toward a solution and aiding these vulnerable people. Concern for Widows and Orphans he problems of widows and orphans remain in modern society. he united nations Children’s fund (uniCeF) and global partners generally deine an “orphan” as a child who has lost one or both parents.135 using this deinition, uniCeF estimates there are 153 million orphans on the planet today.136 he biblical concern with widows and orphans translates directly into the call for action in aiding these vulnerable people. in some cases (where both parents have been lost) this may mean adopting children and supporting orphanages, but in most cases it means providing support for one-parent families and children in need.137 Furthermore, this concern with orphans and widows can be applied to victims of divorce and household abuse that results in women and children being in situations very similar to those of widows and orphans. of course, in our society many women have been abandoned not by their legal husband but by their partner who is also the father of their child(ren). he local church must seek to live out the exhortation of the CC by coming to the aid of these oten marginalized people, lest the church as a whole incur guilt. Concern for Slaves he concern for slaves in the CC has immediate relevance for our modern context. Despite the fact that the West has oicially abolished slavery, it is estimated that there are approximately 20 million slaves in the world today. his is actually more slaves than there have been at any time in world history.138 134. unhCR, a Year of Crises, 3. 135. uniCeF, “orphans.” 136. uniCeF, State of the World’s Children, 103. 137. uniCeF points out that it is important to realize that most of the orphans are those who have lost one parent. “uniCeF’s ‘orphan’ statistic might . . . lead to responses that focus on providing care for individual children rather than supporting the families and communities that care for orphans and are in need of support.” (uniCeF, “orphans”). 138. Baker, Tight Fists, 120–21. 25 The Bible and Social Justice Furthermore, if we include the millions of child laborers, sweatshop workers, or those forced into the sex trade, the number is far larger.139 Given the complex nature of the problem, no easy solution is envisioned, but the biblical call to justice for slaves rings out in the CC. as Webb writes, “Scripture sides heavily with the plight of the slave, the poor and the oppressed. his life-breathing spirit, which bettered the conditions for slaves in the ancient world, should also inluence the application process today.”140 Similarly, even though in many instances it is not possible to abolish some types of slavery, at the minimum the church must be concerned with how best to ameliorate conditions for the marginalized and the oppressed as did the CC. LiMiTaTionS oF The CoVenanT CoDe Despite the high morality evinced by the CC in light of its ane cultural context, the CC cannot be said to represent ethical ideals so that it would be appropriate for its laws to be applied literally in our modern context. its laws “were not written to establish a utopian society with complete justice and equity. hey were written within a cultural framework with limited moves toward an ultimate ethic.”141 Limitations regarding the law’s morality can be easily illustrated. For example, the CC appears to legitimate the practice of temporary or debtslavery. While at irst blush debt-slavery could appear to be a necessary evil that allowed those in debt to become solvent, the situation is not as neat as this might suggest. he fact is that most who ended up being slaves were made so simply due to extreme poverty.142 orphaned, abandoned, or kidnapped children were some of the most common sources of slaves in the ane.143 (Children born to slaves were actually the main source of slaves in the irst millennium BCe.)144 not only this, but several studies have suggested that in most cases in the ane, loans were made to poor peasants primarily in order to acquire the latter’s land and/or enslave them.145 Lenders were aware that the poor would likely be unable to pay 139. ibid., 121. 140. Webb, Slaves, Women, 38. 141. ibid., 31. 142. Mendelsohn, Slavery, 14–16. 143. as were criminals (slavery as their punishment) and prisoners of war (Sprinkle, Book of the Covenant, 68). 144. Mendelsohn, Slavery, 14–16; Dandamaev et al., Slavery in Babylonia, 111; Sprinkle, Book of the Covenant, 68. 145. Baker, Tight Fists, 138. 26 evans—Imagining Justice for the Marginalized back what they owed and were motivated to lend in order to gain longterm laborers. in fact, the charging of interest may have been not just to make a proit on a loan but primarily in order to make the amount of the debt impossible to pay back.146 hus, although in theory the practice of debt-slavery was to be temporary, it oten became permanent. Furthermore, though the moral intent of the laws is evident when compared with ane legal collections, in their speciics these laws do not go far enough. 1. he law concerning the right of the freed slave to stay with his master in order to retain his wife and children could very well be used simply to turn a temporary slave into a permanent one. 2. of course the CC envisions a master-slave relationship wherein the treatment of the slave was so good that a freed slave might choose to stay on permanently, but this was clearly not the norm. he CC itself legislates situations where the master beats his slave and this is deemed to be fully allowable (exod 21:21). although the CC has more concern for the wellbeing of a slave than other ane legislation (mandating freedom for a lost tooth), it does not bar physical beatings or the institution of slavery. in fact, that a ine is given for the death of a slave reinforces the institution of slavery (the slave is “his money”; exod 21:21). 3. he practice of selling one’s daughter as a bride due to poverty falls short of an ethical ideal to say the least. his makes a woman mere chattel, even if the laws legislating the practice aim to make such a woman gain her freedom, either by being treated as a daughter or a true wife, or by being granted her freedom. he CC still does not bar or discourage the practice. however, clearly the whole institution of slavery needed abolishing—both permanent slavery (chattel) and temporary slavery (debt-slaves or concubines). JeSuS’ heRMeneuTiCS oF SuSPiCion in light of the limitations of the CC’s morality, with many of its laws falling short of full rights for the marginalized, drawing on the CC in constructing 146. ibid.; Cornell, Beginnings, 281–83. Baker points out that the fact that a multitude of loan documents have been found from the ane may suggest that debt-slaves served perpetually since such documents were to be destroyed when the debt was paid of. he writes, “he documents which have survived would therefore appear to represent loans that were never repaid, in which case it is likely that these debtors became permanent slaves of the creditors” (Tight Fists, 138). 27 The Bible and Social Justice a biblical theology of social justice is challenging. how might a modern interpreter understand its relevance for today? Furthermore, how are Christians best to understand how the CC functions as Christian Scripture? Jesus’ statements in Matthew 19 regarding the interpretation of Mosaic divorce law may provide a hermeneutical key to aid an interpreter in understanding the CC as Christian Scripture. Jesus himself noted the frequent tension between what was legislated by Moses and what was the ethical ideal. Jesus clearly stated that some parts of the law express ideals while others make allowance for human hard-heartedness. When asked about the morality of a man divorcing his wife, Jesus stated that the ideal was expressed in the beginning. [Jesus] answered, “have you not read that the Creator from the beginning ‘made them male and female,’ and said, ‘For this reason a man will leave his father and mother and be joined to his wife, and the two will become one lesh’? So they are no longer two, but one lesh. herefore let no one separate what God has joined together” (Matt 19:4–6). his interlocutors responded by pointing to Mosaic legislation regulating divorce, to which Jesus replied: Moses allowed you to divorce your wives because you were so hardhearted, but from the beginning it was not this way (Matt 19:8). Jesus’ hermeneutical move here is signiicant, as it sets a precedent for a suspicious reading of Scripture itself.147 Jesus states that this law concerning divorce was an accommodation to human hard-heartedness.148 if this particular law was accommodating, it is likely that other laws were also. in Matthew 19 the Pharisees misunderstand Scripture “due to their expectation of a uniform ethic” wherein “hey understood the words of Moses to relect God’s idealized will in every respect.”149 in other words, Jesus explicitly rejects interpretations of such laws as representing ethical ideals. it is important to note that the Mosaic divorce law, like the CC, represented a higher ethic in its ane context, as it was a move toward protecting 147. Goldingay, Israel’s Life, 339. 148. as Goldingay writes: “here are tensions within the Torah, and one explanation is that parts of the Torah express how things were at the Beginning (how God designed humanity to be) while parts make allowance for human sinfulness or ‘hardness of heart’” (Israel’s Faith, 338). 149. Webb, Slaves, Women, 43. 28 evans—Imagining Justice for the Marginalized the rights of the wife, who in that ancient patriarchal context needed to marry again in order to survive. hus the law was “an attempt to minimize the damage of living in a fallen world.”150 While it showed a move towards compassion and support for the vulnerable (the woman who was being divorced) it also accommodated itself to human sinfulness, at least part of which we now recognize as patriarchy. While the law beneits the vulnerable (the woman) it also supports the powerful (the man) in allowing the divorce and according the man the power to divorce his wife (a power which the wife did not possess). in other words, in seeking the role of the CC in a biblical theology of social justice, our study cannot end with an examination of this legislation in light of its historical context, but must re-read the CC suspiciously and ask whose interest this law serves, and look for ways in which the CC allows for human sinfulness.151 his hermeneutic of suspicion is so essential that, without it, interpretations run the risk of allowing the CC to justify slavery and help maintain a patriarchal, hierarchical ideology.152 a suspicious reading is called for lest the CC be used to construct gender roles, and/or class identities based on an ancient cultural context that the CC was merely accommodating and not attempting to promote. When one approaches with suspicion and questions whom the law beneits, and how it allows for human sinfulness, the redemptive direction of the laws can be seen to be instructive, while the limitations of the laws can be criticized and understood to be due to human stubbornness. his approach is not to undermine this text as Christian Scripture, but simply to follow Jesus’ lead in evaluating the continued relevance of biblical law for today. Furthermore, examining the way in which the CC approached and legislated ethical issues can serve as a model for implementing God’s vision of social justice. The CoVenanT CoDe aS a MoDeL FoR aPPRoaChinG The TaSK oF SoCiaL JuSTiCe ToDaY as we have seen the CC does not go so far as to represent an ethical ideal, but instead charts both a course (limited moves, some compromise, and 150. ibid., 41. 151. Goldingay, Israel’s Life, 339. 152. as anderson laments, biblical law “has been used historically and is used today to maintain patriarchy’s hierarchical ideologies and structures” (Women, Ideology, and Violence, 113). 29 The Bible and Social Justice awareness of the practicalities of life), and a destination (ethical ideals). however, this approach of accommodation and compromise is instructive. as Goldingay writes, [i]n seeking to be lenient without losing touch with God’s ideals, and to keep hold of God’s ideals without losing touch with the practicalities of where people are, [old Testament law] is modeling a path of discipleship for us to follow.153 in our eforts towards social justice, the role of compromise must not be overlooked. hough we strive for ideals, in reality and in view of the fallen state of humanity, limited moves are oten all that is possible.154 in his book From the Tower of Babel to Parliament Hill, Brian Stiller discusses the “appropriate role of compromise” in engaging our culture, and gives the example of debate on the abortion bill “Bill C-43” (which was tabled november 3, 1989). Some pro-life groups opposed the bill because it did not “go far enough in protecting the unborn.”155 Bill C-43 viewed life as existing upon conception but still allowed abortion in a limited number of exceptions. While Stiller viewed it as allowing too many exceptions, he was in favor of the bill as it “was public policy pointed in the right direction” and he believed that “over time, the number of exceptions could be reduced. he right principle was in place, even if some of the speciics were lawed.”156 however, the bill was defeated by one vote in the Senate, leaving Canada with no law providing restrictions on abortion. Stiller attributes this to “those who wanted to do right [but] failed to understand the legitimate place of compromise in the writing of public policy.”157 he CC and other old Testament laws represent a precedent for compromise, even within Christian Scripture. Just in case one thinks this is an “old Testament” approach and therefore irrelevant, the new Testament also follows the lead of old Testament law in this regard (e.g., in accommodating slavery).158 of course, our goal is to move towards the ideal, but starting where people are is the pastoral strategy modelled by Scripture itself.159 153. Goldingay, Israel’s Life, 42. 154. as Goldingay writes: “We do not lay out utopia but suggest steps in a direction” (ibid., 340). 155. Stiller, Tower of Babel, 201. 156. ibid., 202. 157. ibid. 158. Goldingay, Israel’s Life, 42. 159. Goldingay observes that “part of the Torah’s pastoral strategy [is] to start where 30 evans—Imagining Justice for the Marginalized his has implications for which laws should be supported, which policies created, or which direction taken in eforts toward social justice by Christians today. as we have seen, the CC did not forbid slavery, but it did seek to provide for the rights of slaves. Similarly, laws allowing abortion only in limited cases (in eforts to protect the lives of many or most of the unborn), or laws decriminalizing prostitution160 (in eforts to protect sex-trade workers) may be viewed as following the spirit of the CC if these laws truly function to protect the vulnerable. neither uphold an ethical ideal, and the laws themselves may need rewriting or eventually abolishing, but such approaches cannot be rejected a priori just because they do not uphold the ethical ideal. ConCLuSion in light of our discussion concerning the genre of the CC, its evident concern for the marginalized, and its approach in working toward—though not legislating—ethical ideals, interpreters who understand it to be Christian Scripture have greater demands placed on them than if this text simply asked us to literally implement certain laws. as Goldingay writes: if the teaching expresses a vision or provides illustrations of how principles may be embodied in life or teaches us about the way God wants us to look at diferent areas of life . . . We have to ask how we could redream and implement this vision, how we could embody it, how we need to change our thinking in the light of it.161 While literally implementing the laws would be diicult, in many ways it would be easier than having to think hard about the relevance of the principles contained therein and reimagining how such principles could be worked out in a modern context. he modern task is to imagine how we can work toward social justice today. hus, the hermeneutical approach requires not only awareness of the ancient cultural context of the CC but also astute awareness of the interpreter’s own context. an “‘act of imagination’ is people are” (ibid., 339). 160. Some opponents of prostitution advocate decriminalization for prostitutes, but continued laws against pimps and johns (Lucas, “Race, Class”). also, radical feminists argue that prostitution is an example of the subordination of women and not representative of women making a choice of what to do with their bodies, since they are coerced into it by men or economic factors. however, they push for its decriminalization (Sullivan, “Women’s Movement”). 161. Goldingay, Israel’s Life, 41. 31 The Bible and Social Justice required to bridge these two contexts.”162 nobody said it was an easy task, but it is the task that the CC exhorts modern Christians to embrace. We must imagine justice for the marginalized and work in faith toward making the dream one day a reality. BiBLioGRaPhY alt, albrecht. “he origins of israelite Law.” in Essays on Old Testament History and Religion, translated by R. a. Wilson, 101–71. Garden City, nY: Doubleday, 1967. anderson, Cheryl B. 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Downers Grove, iL: interVarsity, 2011. Leibowitz, nehama. Studies in Shemot. Translated by aryeh newman. Jerusalem: World Zionist organization, 1976. Levinson, Bernard. “is the Covenant Code an exilic Composition? a Response to John Van Seters.” in In Search of Pre-Exilic Israel, edited by John Day, 272–325. London: T. & T. Clark, 2004. Lichtheim, Miriam. “instruction of amenemope.” in he Context of Scripture, edited by W. W. hallo and K. Lawson Younger, 1.47:115–22. Leiden: Brill, 1997. Lucas, ann M. “Race, Class, Gender, and Deviancy: he Criminalization of Prostitution.” Berkeley Women’s Law Journal 47 (1995) 47–60. Malchow, Bruce V. “Social Justice in the israelite Law Codes.” Word & World 4 (1984) 299–306. Marshall, Jay W. Israel and the Book of the Covenant: An Anthropological Approach to Biblical Law. SBLDS 140. atlanta: Scholars, 1993. 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Sullivan, Barbara. “he Women’s Movement and Prostitution Politics in australia.” in he Politics of Prostitution: Women’s Movements, Democratic States and the Globalisation of Sex Commerce, edited by Joyce outshoorn, 21–40. new York: Cambridge university Press, 2004. un high Commissioner for Refugees (unhCR). a Year of Crises: Global Trends 2011. June 18, 2012. online: http://www.unhcr.org/4fd6f87f9.html uniCeF (united nations Children’s Fund). “orphans.” no pages. online: http://www. unicef. org/emailarticle/media/media_45279.rhtml. ———. State of the World’s Children 2012: Children in an Urban World. uniCeF: February, 2012. online: http://www.unicef.org/sowc2012/pdfs/SoWC%202012Main%20Report_en_13Mar2012.pdf. Van Seters, John. A Law Book for the Diaspora: Revision in the Study of the Covenant Code. oxford: oxford university Press, 2003. Waldow, hans eberhard von. “Social Responsibility and Social Structure in early israel.” CBQ 32 (1970) 182–204. Walton, John h., and Victor harold Matthews. he IVP Bible Background Commentary: Genesis—Deuteronomy. Downers Grove, iL: interVarsity, 1997. Webb, William J. Slaves, Women and Homosexuals: Exploring the Hermeneutics of Cultural Analysis. Downers Grove, iL: interVarsity, 2001. Westbrook, Raymond. “he Female Slave.” in Gender and Law in the Hebrew Bible and the Ancient Near East, edited by Victor h. Matthews, et al., 214–38. Sheield: Sheield academic, 1998. Wright, David P. Inventing God’s Law: How the Covenant Code of the Bible Used and Revised the Laws of Hammurabi. oxford: oxford university Press, 2009. 34