Law 12 Mosaic Law Ms. Ripley
Moses and Mosaic Law
Centuries after Hamrnurabi died,Moses gave laws to the Hebrew people. Many of these laws were similar to those listed in the Code of Hammurabi. This Mosaic law is set out in the first five books of the Old Testament. The Bible tells the story of Moses climbing Mount Sinai to receive from God the Ten Commandments engraved on two stone tablets. The Ten Commandments, which forbid such acts as killing, adultery, and bearing false witness, continue to hold a central position in the teachings of both the Jewish and Christian faiths.
http://www.canadianlawsite.com/10commandments.htm
Mosaic Law (Applying The Law, Liepner, p.8)
The book of Exodus in the Bible describes how Moses led the Jews out of their captivity in Egypt. Moses was regarded as a divinely chosen leader-the link between Jews and God.
At one point during the forty years of wandering away from Egypt Moses was summoned to the cloud-covered top of Mount Sinai by God. There, amid thunder and lightning, Moses received the tablets containing the Ten Commandments.
Whenever a member of the group wished to enquire of God or had a dispute with his neighbour, he would come to Moses. In the case of a dispute, Moses would decide the issue according to the laws of God as they had been revealed to him.
This task eventuality became too much for one person to contend with, so Moses's father-in-law gave him the following advice:
You shall represent the people before God, and bring their cases to God; and you shall teach them the statutes (laws) and the decisions. . . . Moreover from all the people choose able men such as fear God, men who are trustworthy and who hate a bribe, and place such men over the people . . . and let them judge the people at all times; every great matter they shall bring to you, but any small matter they shall decide for themselves. (Exodus 18:19-22)
Moses accepted this wise advice and established a judicial system for his people based upon it.
Although the Mosaic law was summarized in the Ten Commandments, there developed, in fact, many other laws that governed the people. Excerpts of these laws have been taken from the book of Exodus, where God outlines the laws to Moses.
Selected Excerpts from the Book of Exodus
The Administration of Justice
You shall not make a false report, or join hands with the wicked to be a malicious witness. (23: 1)
And you shall not take a bribe, for a bribe blinds the officials and subverts the cause of the righteous. (23;8)
The Protection of Property
If a. man steals an ox, or a sheep, and kills it or sells it he shall restore five oxen for an ox and four sheep for a sheep. (22:1)
If a thief is found breaking in, and is struck so that he dies, there shall be no blood guilt for him. (22:2)
If a man causes. another man's field or vineyard to be. grazed over or allows his beast loose and it feeds in another man's field, he shall make restitution from the best in his Own field or in his Own vineyard. (22:5)
Protection of People
Whoever strikes a man so that he dies shall be put to death. (21:12)
Whoever strikes his father or his mother shall be put to death. (21:15)
If men quarrel together and one man strikes another with a stone or with his fist, and he does not die but keeps his bed. then if the man rises again and walks abroad with his staff, he that struck him shall be clear only if he shall pay for the loss of his time, and shall cause him to be thoroughly healed. (21 :18-19)
Employment Practices
If you buy a Hebrew servant, he will be obliged to serve you for six years, but in the seventh year he will be set free for nothing, (21 :2)
If a man strikes the eye of his servant, or the eye of his maid, and destroys it he shall let the slave go free for the eye's sake. (21:26)
If we contrast the Code of Hammurabi with the Mosaic law we can see some important differences. The Mosaic law, although based on the "eye for an eye, tooth for a tooth" philosophy (Exodus 21:12), tended to be more humane than the Babylonian code because the Hebrews recognized that punishment should be reserved for the guilty rather than an innocent relative.
The Mosaic laws also distinguished between an accident and a deliberate act. This can be seen by comparing the following two laws:
If an ox gore a man or a woman, so that they die, then the. ox shall be surely stoned, and his flesh shall not be eaten; but the owner of the ox shall be free. (Exodus 21:28)
But if the ox has been accustomed to gore in the past, and its owner has been warned, and has not kept it in, and it kills a man or a women, the ox shall be stoned, and its owner shall also be put to death. (Exodus 21:29)
A notable development in the Israelite understanding of law at this time was the conviction that there was a real relationship between obedience to the law and one's relationship with God. In the code He says to His people, "Do not slay the innocent or the righteous for I will not acquit the wicked" (Exodus 23:7). The emphasis on the duty of the individual to lead a moral and religious life was an extremely important factor in ensuring obedience to the law. This appeal to divine authority still continues within our society today as a means of encouraging good conduct. A quick glance at a twenty-five cent coin will illustrate what we mean. Around the bust of the Queen you will see the inscription: Elizabeth IJ D.G. Regina. This is an abbreviation for Elizabeth II Dei Gratia Regina, a Latin phrase meaning Elizabeth II, Queen by the Grace of God.. Another title given to the Queen is that of Fidei Defensor or Defender of the faith.
The law that, according to the Old Testament, God gave to the Israelites through Moses. The Moaic law begins with the Ten Commandments and includes the many rules of religious observance given in the first five books of the Old Testament. In Judaism, these books are called the Torah, or “the Law.”
Mosaic Law Questions
1. How did Mosaic law differ from the Code of Hammurabi ?
2. Explain the concepts of retribution and restitution.
3. Which concept is more likely to be used in today’s Canadian society in regards to criminal law?