1
Abstract
No ancient Near Eastern parallels exist for the presentation of civil and criminal law as
clauses attaching to a covenant, established between a God and a people or nation. In the
Hebrew Bible, this conception is widespread. In particular, the Covenant Code (Exod 21-23),
the Holiness Code (Lev 17-25), and the Deuteronomic Code (Deut 12-26) all—though in
different ways—pretend to draw their force from a covenant between YHWH and Israel. In
the present chapter, the notion of covenant and the various elaborations of covenant theology
are explored. It is suggested that the combination of law and covenant was first established in
Exod 19-24, and that the other law codes adopted the idea, together with an important number
of laws (more in the case of Deuteronomy than in the Holiness Code), from there.
Keywords
Covenant, covenant theology, vassal treaty, constitutional arrangement, temple rights,
criticism of the monarchy.
Chapter
Covenant
Jan Joosten
In the Book of Exodus it is recounted how Moses, after leading Israel out of Egypt, receives a
miscellany of laws from God, transmits them orally to the Israelites, and writes them down.
He then takes the “book of the covenant ( ”)ספר הבריתand reads it in the hearing of the people,
who commit to obeying them:
Exod 24:3-4, 7
3 Moses came and told the people all the words of the LORD and all the ordinances;
and all the people answered with one voice, and said, “All the words that the LORD
2
has spoken we will do.” 4 And Moses wrote down all the words of the LORD. (…)
7 Then he took the book of the covenant, and read it in the hearing of the people; and
they said, “All that the LORD has spoken we will do, and we will be obedient.”
The notion of covenant does not come entirely out of the blue. Before the revelation of the
Ten Commandments and the ensuing miscellaneous laws, YHWH tells the Israelites, via
Moses: “Now therefore, if you obey my voice and keep my covenant, you shall be my
treasured possession out of all the peoples” (Exod 19:5). And in Exod 24:8 there is again
mention of the “blood of the covenant,” which serves as ritual confirmation of the
arrangement. Nevertheless, the information given to the reader on this covenant is sparse and
indirect. The term emerges as something self-evident: what is established between YHWH
and Israel at Mount Sinai, and what makes the divine laws and regulations binding, is a
covenant. Everyone knows that, and everyone knows what is involved. Similarly laconic
mentions of a covenant entailing divine laws are found elsewhere in Pentateuch (see notably
Exod 34:10, 27, 28; Lev 26:15; Deut 4:13; 28:69): the Ten Commandments, the priestly
legislation in Leviticus, and Deuteronomic law are all related to a covenant between the God
of Israel and his people.
What must have been self-evident to the first readers or hearers of the Pentateuchal
story—and mostly remained so in confessional circles, whether Jewish or Christian—is
profoundly problematic to modern-day scholars. No ancient Near Eastern parallels exist for
the presentation of civil and criminal law as clauses attaching to a covenant established
between a God and a people or nation. This raises the question of the origin of the motif in
Israelite tradition. Is it possible to retrace the historical conditions and processes that issued in
the conjunction of “covenant theology” and divine Torah as it is found in the Pentateuch?
When did it happen, and why? A second factor of perplexity is the diversity of conceptions
attached to the notions of covenant and law. Although the idea of covenant is rarely explicitly
defined, contextual factors—the structure and rhetoric of the texts mentioning the covenant,
3
the narration into which they are embedded—indicate fundamentally divergent views
underlying various passages. This raises the question of the history of tradition: how did the
idea that the covenant involved detailed legislation pass from one circle to the next, and how
was it adapted to different milieus and historical contexts? The present chapter will seek
answers to these questions.
1. THE HEBREW WORD BERIT: MEANING AND REFERENCE
Before tackling the historical-critical questions, it will be helpful to formulate some
reflections on the Hebrew noun berit “covenant.” Words and concepts are to be kept apart, of
course, but one cannot approach the biblical notion of covenant without analysing the
vocabulary used to express it. The central term is berit ()בּ ְִרית. The word occurs some 287
times in the OT in a wide variety of contexts (Weinfeld 1973). In studying this Hebrew term,
it has proven crucial to distinguish between lexical meaning and contextual meaning (Silva
1983: 101-112, 137-148). While the word itself has a rather formal and abstract meaning,
reference to specific social, political and religious realities is defined by contextual factors
(Lohfink 1991: 165, n. 11).
In spite of many extended studies of the semantics of the word, its lexical meaning is
still, unfortunately, uncertain. To most scholars the word primarily means: “compact, binding
agreement.” It denotes a relationship established between two parties, while stressing the
officially binding nature of that relationship. A fuller definition stressing some additional
points is: “an elected, as opposed to natural, relationship of obligation established under
divine sanction” (Hugenberger 1994: 215). To others, the basic meaning is rather: “obligation,
commitment”; the word designates the binding commitment taken on by one or both of the
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parties to an agreement, or even a unilateral decision (Kutsch 1984).1 A berit virtually always
presupposes a bilateral agreement (rarely an agreement between three parties, see 2 Kgs
11:17; Hos 2:20), involving two elements: specific obligations, and loyalty to the covenant
partner. Whether berit specifically designates only the obligations while presupposing the
loyalty, or whether it refers to the entire arrangement is hard to say; it is also relatively
unimportant. The effect of a covenant is to establish peace, shalom, between the parties as is
spelled out in several passages, and expressed also in the nominal phrase “a covenant of
peace.”2
Reference to specific types of agreement is effectuated through contextual
determination. The status of the parties engaging in the berit, the motivations, contents and
purposes of the agreement all contribute to define the contextual reference of the word. Thus
the word may refer to a personal pledge between friends, see notably 1 Sam 18:3; 20:8, 42;
23:18. Although the pact between David and Jonathan has political implications, it is still an
agreement between two individuals and should not be assimilated to a vassal treaty. The term
may also refer to the marriage relationship (Hugenberger 1994):
Mal 2,14
… because the LORD was witness to the covenant between you and the wife of your
youth, to whom you have been faithless, though she is your companion and your wife
by covenant.
In one passage, the berit is a solemn agreement to carry out a specific program—in effect a
conspiracy to depose the reigning queen and install a new king in her stead (2 Kgs 11:4; cf.
Jer 34:8).
1
Whether the word can indicate a decision taken without any consideration of another party (as is argued by
Kutsch 1984: 343) is doubtful, however.
2
See Num 25:12; Isa 54:10; Ezek 34:25; 37:26; Josh 9:15; 1 Kgs 5:26! Mal 2:5.
5
In most cases involving two human parties, berit is expressly an instrument of national
or international politics. The reference may be to a treaty between independent nations:
1 Kgs 5:26(12)
And there was peace between Hiram and Solomon; and the two of them made a treaty.
Or the reference may be to a treaty between an empire and its vassal state (e.g. Ez 17,11-21).
Although berit does not by itself mean “treaty,” it would be futile to deny that these contexts
speak about a treaty, or even to question that such a reference attaches to the word berit.
Translating the word as “treaty” is in these passages a viable option. Occasionally, however,
the reference of the word may be to political realities of a different sort. Thus, we find the
word denoting a constitutional agreement between a monarch and his subjects, e.g.:
2 Sam 5:3
So all the elders of Israel came to the king at Hebron; and King David made a covenant with them
at Hebron before the LORD, and they anointed David king over Israel.
The berit creates a relation of mutual obligation between the northern tribes and David
personally.
As was indicated above, covenants involve divine sanction; they are never purely
between human beings. When Zedekiah violates his treaty with the Babylonians, YHWH
condemns this course of action saying: “As I live, I will surely return upon his head my oath
that he despised, and my covenant that he broke” (Ezek 17:19). The treaty with the
Nebuchadnezzar had been sealed with an oath by YHWH, Zedekiah’s god. Breaking it was an
act against YHWH as much as against the Babylonian overlord. Nevertheless, when YHWH
is presented as one of the parties to the covenant, this is a significant step. While covenants
put under divine sanction are widely attested in ANE texts of the second and first millennium
BCE (Kitchen and Lawrence 2012), covenants between a human partner and a god are very
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rare outside the Hebrew Bible (Lewis 1996: 404-410). Theological uses of the word berit
have to be understood in light of usage in inter-human contexts. This does not mean
theological uses are necessarily metaphorical: the meaning of the word is sufficiently flexible
to apply to an agreement established between a god and a group of humans. Admittedly it is
not always possible to decide which ideas underlie “covenant theology” in every single
passage. Moreover, at some point the word berit turned into a blanket term designating the
relationship between Israel and YHWH in general. Becoming more prominent in theological
contexts than in human ones, the word berit mutated from a multi-purpose noun into a
technical religious term.3
Although berit is the correct word for covenant, a covenant can be spoken of without
mentioning the word. A good example is YHWH’s commitment to David in 2 Sam 7:5-16,
which is referred to as a berit neither in the divine discourse, nor in the surrounding narrative.
When David recalls it, however, in 2 Sam 23:5, he does use the term: “Is not my house like
this with God? For he has made with me an everlasting covenant!” (similarly Ps 89:4-5). This
example throws light on the seemingly erratic distribution of the noun in the legal passages in
the Pentateuch: Israelite readers in antiquity would recognize the binding agreement
established between YHWH and Israel as a covenant even before the word was used.
2. Forms of covenant theology
The link between covenant and law, the subject of the present essay, is limited to theological
contexts. YHWH’s covenant with Israel imposes a body of civil, criminal and ritual laws
upon the people. As noted above, this motif is unattested elsewhere in the ancient Near East.
3
Similarly the noun minhah “gift” came in time to designate a type of sacrifice, and torah “instruction” took on
the meaning of religious law. This specifically religious meaning of berit is found in the latest biblical books like
Malachi and Daniel, and also in the Dead Sea Scrolls.
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One Sumerian text from the third millennium has been held up as a parallel to the biblical
material (Weinfeld 1972: 152). The Reforms of Uru-inimgina (aka Uru-kagina), conclude the
enumeration of new rules with a summary statement: “Uru-inimgina made a compact with the
divine Nin-Girsu that the powerful man would not oppress the orphan and widow” (CoS II:
407-408). But the parallel is at best partial: Uru-inimgina establishes the new rules in his
quality of king, the god does not initiate the arrangement (cf. Josh 24:25).
In the Hebrew Bible the notion of a God imposing a covenant implying law is
prominent and represented in several different versions. Exodus 19-24, Exodus 34, Leviticus
26 and Deuteronomy use the term berit in reference to the arrangement giving force to Godgiven laws. Before inquiring into the rationale of this linkage, it will be helpful to explore
some of the conceptions underlying covenant theology itself.
2.1. The covenant as a vassal treaty
A powerful hypothesis proposed first by George Mendenhall views covenant theology on the
model of ancient Near Eastern vassal treaties (1954). Israel is like a clan or nation swearing
allegiance to their suzerain, the God YHWH. Mendenhall founded the idea on similarities
between Hittite vassal treaties, as analysed by Viktor Korošec, and the Sinai pericope in the
Book of Exodus. Hittite treaty formularies of the fifteenth and fourteenth century BCE exhibit
roughly the following structure (Korošec 1931):
a) Preamble
b) Historical prologue
c) Stipulations
d) Provision for the deposition and reading of the treaty document
e) Divine witnesses
f) Curses and blessings.
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Mendenhall found all these elements, partially in the same order, in Exod 19-24. He
concluded from this observation that the Decalogue represented the stipulations of a covenant
established between YHWH and Israel in the thirteenth century BCE, close to the time of the
Hittite treaties. Mendenhall’s hypothesis was accepted by many and developed in various
directions by other scholars (Baltzer 1960; McCarthy 1963). But his view did not win over all
biblical scholars. A valid criticism is that the Bible does not transmit the full text of a treaty
document, but narrative accounts of its enactment (Bickerman 2007: 26). Consequently, some
scholars of biblical covenant theology have dismissed the analogy with vassal treaties entirely
(Perlitt 1969).
Mendenhall’s thesis nevertheless lives on in scholarship until today. The most fruitful
elaborations of the covenant-as-treaty approach concern the book of Deuteronomy, or rather:
the Deuteronomic Code, Deuteronomy without its appendices in chapters 29-34, and before
the addition of its latest literary strata. The nearest ancient Near Eastern parallels are not the
Hittite treaties described by Korošec, but the Neo-Assyrian Vassal Treaties of Esarhaddon
(VTE) published by Donald J. Wiseman (1958). Frankena and Weinfeld were able to show
that many passages in Deuteronomy reflect language and motifs at home in VTE (Frankena
1965; Weinfeld 1972). The main passages are concentrated in Deut 13 (and 17:2-7), where
apostasy is defined as high treason (Dion 1991), and Deut 28, the blessings and curses
sanctioning the covenant (Steymans 1995). The date of VTE—672 BCE—is close to the one
attributed to Deuteronomy in critical scholarship since Wilhelm L. M. de Wette (Levinson
and Stackert 2012), and Judah was certainly within the orbit of Neo-Assyrian influence and
power at the time the Neo-Assyrian treaties were composed.4 The authors of the
Deuteronomic Code may have conceived of the covenant as a kind of turning of the tables,
4
The VTE were found in the Eastern part of the Assyrian Empire, but similar treaty documents also served in
the West (Steymans 2013).
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with YHWH taking the place of the Neo-Assyrian suzerain. In the form Frankena and
Weinfeld have given to the thesis it continues to enjoy wide, though not universal, acceptance
(Otto 1996; Levinson and Stackert 2012; more critically Koch 2008; Crouch 2014).
2.2. The covenant as a disposition of temple rights
A very different conception of the covenant is found in the Holiness Code (Joosten 1998).
Although express mentions of a covenant between YHWH and Israel are found only in the
concluding paraenetic chapter (Lev 26:9, 15, 44, 45), the ordinances and commandments on
whose observance the covenant is made to depend are those spelled out serially in the
preceding chapters. The covenant, berit, of Lev 26:9, 15, 44, 45 is the arrangement by which
Israel is obliged to observe the rules and regulations contained in the preceding chapters. Its
contours are the following (Joosten 1996):
a) The arrangement was established by YHWH when he led the Israelites out of Egypt.
The exodus is a change of master: from slavery in Egypt, the Israelites went over into
the service of YHWH. The commandments define the specifics of their servitude.
b) The central requirement for Israel is to shun impurity and observe holiness. All the
commandments are tailored to this one goal: to conform Israel’s behaviour to the
nature of their God (Lev 19:2), so as to enable God’s indwelling among them in an
earthy sanctuary (Lev 26:11).
c) The arrangement has a well-defined spatial dimension: the Israelites are to be settled
on land belonging to YHWH. The land occupied by Israel is conceived of as an
extension of the sanctuary: purity and holiness are to be observed throughout the land
to make YHWH’s indwelling feasible (Lev 18:24-28; 20:3).
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The Holiness Code’s covenant is one of of sacred correlation. If correctly observed, it will
abundantly benefit Israel (Lev 26:3-13). But the initiative is solely YHWH’s, who established
it in the past, by bringing his people out of Egypt.
The peculiar conception of the covenant encountered in the Holiness Code finds many
parallels in ancient Near Eastern texts. As has impressively been documented by Moshe
Weinfeld, throughout the ancient Near East, cities or regions could be liberated from taxes
and corvée and consecrated to service of the gods whose sanctuary was situated in their midst
(Weinfeld 1995: 97-120). In spite of local and temporal variations, a basic scheme transpires
in a multitude of ANE texts:
• the inhabitants of the city or region consecrated are considered divine property, they
may not be sold to a third party;
• a well-delimited territory is considered to belong to the gods;
• all impurity and injustice are to be banished from this territory;
• the divine presence in the sanctuary guarantees the inviolability of the territory
• however, irritating the gods may lead to their departure and dire consequences.
It is to just such an arrangement, applied to the cities of Nippur, Sippar and Babylon, that
reference is made in a text going under the title “Advice to a Prince,” edited by W. G.
Lambert (1960: 112-115): Anu, Enlil and Ea, the great gods, have affirmed the freedom of the
inhabitants of the three cities (lines 29-30); kings are advised, therefore, not to tax them,
impose corvée upon them or maltreat them in any way (lines 9-28; 31-58); non-respect of the
arrangement will lead to the gods’ quitting their dwellings (lines 58-59). Interestingly, this
arrangement is called a “covenant” (“treaty” in Lambert's translation), using the Akkadian
term riksu (line 51), referring here, as it appears, not to a political treaty between human
parties, but to the disposition taken by the gods in favour of the said cities.
*
11
The notions of covenant underlying Deuteronomy and the Holiness Code differ radically.
Much of Deuteronomy is oriented toward demands of exclusive loyalty toward YHWH. In the
Holiness Code loyalty and exclusive faithfulness are much less prominent; instead, issues of
purity of the land and respect for the sanctuary are central. In Deut 28, the chapter of
blessings and curses sanctioning the covenant, the only rule expressly spelled out is the
prohibition to worship other gods (Deut 28:14, see also vv. 36, 64). In contrast, the one law
repeatedly referred to in the parallel chapter in the Holiness Code is that on the sabbatical rest
of the land (Lev 26:34, 35, 43). Assimilating the covenant mentioned in Lev 26 to that of
Deuteronomy, or viewing the one as a developed form of the other, is unhelpful (Joosten,
1998).
That covenant theology might be based on various institutional models should not
come as a surprise. In Ezek 16:59-62, the berit between YHWH and his people is presented in
the image of yet another human institution, namely marriage.
3. Covenant and law
The comparative perspective has opened up a novel way of understanding biblical covenant
theology. But it has done very little to explain the junction of covenant and law. On the
contrary, the ancient Near East parallels only throw the uniqueness of the biblical
combination of covenant and law into relief. Neither the vassal-treaty model, nor that of
provisions for sacred spaces calls for the inclusion of civil and criminal law. Had
Deuteronomy only demanded loyalty, and the Holiness Code only respect for the sanctuary,
they would have conformed to expectations. Instead, both corpora include a host of laws with
scant connection to the relation between YHWH and Israel they spell out.
If the extension of the covenant stipulations to include civil, criminal and ritual law
cannot be accounted for on the basis of the conceptions underlying Deuteronomy and
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Holiness Code, the most likely explanation is that it reflects earlier tradition. This brings us
back to Exod 19-24 (attributed to the Elohist in the classical documentary hypothesis, Driver
1913: 31-32; Baden 2012: 117-118). As was stated above, the non-priestly Sinai pericope
refers to a covenant between YHWH and Israel (Exod 19:5; 24:7-8), which implies a code of
laws (or two: the Decalogue in Exod 20:1-17, the Covenant Code in Exod 21-23). Moreover,
the literary dependence of Deuteronomy and the Holiness Code on the Covenant Code has
been argued on good grounds (for Deuteronomy, see Levinson 1998; for Lev 17-26, see
Milgrom 2001:2154-3155; Kilchör 2015). Is it possible, then, that the covenant framework
too was borrowed from the Covenant Code into Deuteronomy and the Holiness Code? And
does the conception of the covenant in the Covenant Code explain the conjunction of
covenant and law? It appears both questions can be answered cautiously with yes.
Setting out from the “altar law” in Exod 20:18-22, which together with Exod 19:3-8
and Exod 24:3-8 provides a kind of framework into which the laws have been inserted,
Simeon Chavel has recently attempted to define the tenor of the basic narrative stretching out
from Exod 19 to 24 (Chavel 2015). The basic thrust of this textual complex is anti-monarchic,
directing Israelites from royal sanctuaries with their pomp to cultic spaces throughout the
land.
[T]he narrative attacks an Israelian and Judean ideology in which royal success defines territorial extent,
shapes the polity, enshrines divine power in temples, and controls divine blessing (Chavel , 169).
The basic stratum of Exod 19-24 projects the image of a nation directly subordinate to
YHWH, without any need for an earthly king. Linking up with the scathing criticisms of the
eighth-century prophets Amos and Hosea, it seeks to redress the abuse and injustices created
in the wake of the monarchy. Differently from the prophets, it does not offer only criticism,
13
but imagines a different type of society, with clear utopic traits, in which such wrongs could
never occur.
Chavel argues convincingly that both Deuteronomy and the priestly texts of the
Pentateuch respond to the vision projected in the framework texts of Exod 19-24, accepting
their central, anti-royal, claim while at the same time blunting some of their sharpest edges
(Chavel 2015: 202-207). Although he barely addresses issues of covenant theology and
covenant law, the implications of his argument are that both the notion of a covenant with
YHWH and the combination of covenant and law would have been part of what the later
corpora accepted in their discussion with the earlier narrative. On the view advanced by
Chavel, the presence of the covenant-law combination in both Deuteronomy and the Holiness
Code is no longer anomalous, but readily understood.
At this juncture, the pressing question is whether the idea of covenant expressed in
Exod 19-24 accounts for the inclusion of a law book any better than in Deuteronomy or the
Holiness Code. This would indeed seem to be the case. Structural considerations led
Mendenhall to claim that the covenant of Exod 19-24 was modelled on vassal treaties, but his
hypothesis could be confirmed by very little additional evidence. The outlook of
Deuteronomy is indeed dominated by questions of diplomacy and international affairs, as is
shown by the issues on which it legislates (war and peace, Deut 20:1-9; 20:10-20; 21:10-14;
neighbouring nations Deut 23:2-8), and the character of blessings and curses (Deut 28:10-13,
33-44). In this context, picturing the relation to YHWH on the model of Neo-Assyrian treaty
documents makes sense. In contrast, Exod 19-24 is much more provincial. The question at
issue in Exodus is not to whom Israel as a nation owes its outward allegiance, but what is the
inner politico-religious makeup of the Israelite nation. The point is that YHWH rules over his
people directly, not through the intermediary of the king. In other words, the covenant of
Exod 19:5; 24:7, 8, is not a vassal treaty, but a constitutional arrangement comparable to the
14
one referred to in 2 Sam 5:3 quoted above. The divine king YHWH cuts a covenant with the
Israelites at Sinai just as David concluded his berit with the northern tribes in Hebron
(compare also 2 Kgs 11:17). In this perspective, the inclusion of a law book makes good
sense. Comparative evidence suggests that kings and laws go together. Practically all law
codes of the ancient Near East are associated with kings or kingly figures. Admittedly, no
royal law codes are referred to in the Hebrew Bible. Royal rulings are mentioned in 1 Sam
30:25, however, and regal reforms taking the form of a berit are associated with kings in 2
Kgs 23:3 and Jer 34:8-10.
The inclusion of a law book also makes sense in view of the intention to imagine an
alternative society in which the abuses criticized by Amos and Hosea could be avoided. The
prophetic spirit of the Covenant Code has often been noted. Many of the themes and motifs
found in Exod 21-23 overlap issues addressed in the eighth-century prophets (Crüsemann
1988).
4. Conclusions
The Biblical scenario in which a covenant between a God and a people involves a corpus of
civil, criminal and ritual laws is unique in the entire ancient Near East. It appears to have been
created at a highly significant moment in the history of Israel, shortly after the fall of Samaria
had created global havoc, exposing the politico-religious pretensions of the monarchy and
raising the authority of prophets like Amos and Hosea (who had predicted the catastrophe). A
narrative was produced according to which YHWH, in times long past, proposed to rule Israel
on the condition that they keep his laws and commandments. The vision of society projected
in this narrative cuts against all the main political and religious trappings of contemporary
Judean society: the king, his court and administration, the royal sanctuaries and their
personnel. Substituting the national God for the earthly king, the vision is modelled on
15
constitutional arrangements as referred to a few times in the historical books (2 Sam 5:3; 2
Kgs 11:17).
In the seventh century, the authors of Deuteronomy accepted the narrative lock, stock
and barrel, but tweaked it in the light of Neo-Assyrian texts and practices that had become
influential in their time. From “king of Israel,” YHWH became “the great king” in the image
of the Assyrian emperor who had sought to extend his authority throughout the civilized
world of the time. The metaphor of covenant underlying the texts changed in subtle ways
from a constitutional agreement to a vassal treaty. In truth, this new conception had no place
for a code of law, but the law was taken over nevertheless, and enthusiastically so.
The priestly school too related to the vision and claims of the story contained in Exod
19-24, although with more reserve than the Deuteronomic authors. In the Holiness Code, the
constitutional arrangement is transmuted into the typically priestly scheme of provisions for
sacred space. YHWH is no longer pictured as a king, but as a God who grants certain rights to
a sanctuary with its lands, and to its personnel. The law is recast as a set of regulations on
purity and holiness: stealing, lying, oppressing the poor, etc., are presented as cultic defects.
The recalibration leads to a different selection of laws than in the Covenant Code, including
notably two chapters on sexual conduct. Nevertheless, a lot of overlap between the two
corpora remains.
The term berit, covenant, turns out to be very flexible indeed. All three texts use it in
reference to an agreement between YHWH and Israel, but each with a different set of
implications. It seems entirely possible that earlier theological traditions used the word with
yet other connotations: the tradition of the covenant between YHWH and David may be older
than the earliest strand of Exod 19-24; and additional traditions may have existed that were
not included in the writings that have come down to us. Perhaps there always was something
“contractual” about the relationship between Israel and their God (Kawashima 2014).
16
Dating the basic narrative in Exod 19-24 to the final quarter of the eighth century is no
more than an informed guess. The main considerations are that this date accounts for the
reception of the narrative in Deuteronomy and the Holiness Code. It also chimes with the
almost total lack of reference to the covenant in the eighth century prophets. If Amos and
Hosea had known of a divine covenant stipulating the need to protect the poor and to practice
justice, they might have referred to it. In prophets of the late seventh and sixth century—
Jeremiah, Ezekiel and Second Isaiah—the motif is very much present. The relatively late date
also explains the absence of the lawgiving in many “historical summaries” of salvation
history (Deut 26:5-9; Josh 24; Jud 11; Ps 106 (Rad 1975: 124).
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