The Deuteronomic Code

From the Jewish Encyclopedia

Deuteronomic and Primitive Codes.

The Deuteronomic code, notwithstanding its many peculiarities, can not properly be designated as a new code; it represents rather a revised and improved edition of the Book of the Covenant, made in conformity with the new ideas of the time. Deuteronomy contains very few ceremonial and ritual laws not found in early sources, and it may also be unhesitatingly assumed that even those few laws which are found there for the first time were not new at this period, but had existed long before, and, perhaps, had been previously committed to writing. Nevertheless it would be difficult to overestimate the importance ofthis code; it is not only a great reformative legal work, but it is also, in a certain sense, the first authoritative code (see Deuteronomy). For, probably, the laws of the primitive codes were generally accepted only after a long period of limited usage, being for many years restricted to particular classes; for example, to the priests. It was different with the Deuteronomic code according to the modern critical view. Under the leadership of King Josiah (II Kings xxiii. 3) the whole people agreed to regard the laws laid down in this code as authoritative. It is the first book of laws for the people, its predecessors being intended chiefly for judges and priests; and it retained this position as the people's code, although it underwent some changes in the course of time.

Characteristics of the Deuteronomic Code.

The centuries between the time when the primitive codes were committed to writing and the time of the Deuteronomist were the period of activity of the greater prophets, whose influence on legislation is apparent. Hence many laws in Deuteronomy derived from the old codes show material revision. Thus the father's authority over his minor daughter is largely curtailed. Deut. xv. 12, in contradiction to Ex. xxi. 7, orders that a daughter sold into slavery by her father shall be free in the seventh year, and that during her time of service she can not be forced by her master to become his wife. But though the Deuteronomic code, in comparison with the primitive codes, represents on the whole a great advance in religious and moral matters, its laws being distinguished by their humanitarian spirit, still there are many provisions that make the later code appear at first glance much more severe than its predecessors. Formerly it had been decreed that he who sacrifices to strange gods shall be excommunicated (Ex. xxii, 19): in Deuteronomy such an offense is punished by death (xvii. 5), equally severe punishment being meted out to one who leads astray into apostasy or magic. But it is easy to understand this rigor of the new code in view of the fact that, shortly before it was compiled, the ruling party in Judea, supported by the authority of the godless king Manasseh, attempted to destroy utterly the followers of God. The opposing party under Josiah could not count on victory unless it proceeded with utmost rigor against idolaters, for by such means only could it hope to counteract the influence of those who had betrayed their faith. Expressed antagonism to heathendom is one of the most prominent characteristics of this code; the centralization of worship in one place—Jerusalem—as well as many other provisions, is explicable only from such an attitude. In consequence of the close connection between the ceremonial and the legal aspects of Jewish law, the religious point of view of this code influenced the social legislation also. The institution of cities of refuge in Deuteronomy (iv. 41-43) is closely connected with the abolition of the local sanctuaries which formerly afforded protection (Ex. xxi. 13).

The Deuteronomic Code

Revised Laws

Laws of religious observance

Prohibiting offerings and vows outside a single central sanctuary, at Deuteronomy 12:1-28
Concerning thetithe, at Deuteronomy 14:22-29
Concerning relief of debt in the seventh year, at Deuteronomy 15:1-11
Ordering the offering toYahwehof the firstborn males, at Deuteronomy 15:19-23
Concerning the three annual feasts, at Deuteronomy 16:1-17

Criminal law

Concerningmanslaughterand murder, at Deuteronomy 19:1-13

Civil laws

Concerning slavery, at Deuteronomy 15:12-18
Concerning cleanliness in the camp, at Deuteronomy 23:9-14

New Laws

Laws of religious observance

Againstfalse prophets, at Deuteronomy 13
Ordering idolaters to be stoned to death, at Deuteronomy 17:2-7

Laws concerning officials

Ordering judges to be appointed in every city, at Deuteronomy 16:18
Ordering there to be a supreme central tribunal, at Deuteronomy 17:8-13
Restrictions on the king, at Deuteronomy 17:14-20
Concerning the rights, and revenue, of the Levites, at Deuteronomy 18:1-8
Concerning the future (unspecified) prophet, at Deuteronomy 18:9-22
Restrictions on admittance to the priesthood, at Deuteronomy 23:1-8

Military law

Concerning behaviour during war, at Deuteronomy 20, and 21:10-14

Criminal law

Ordering a ritual atonement by the people for untraced murder, at Deuteronomy 21:1-9
Concerning the corpse of a criminal, at Deuteronomy 21:22-23

Civil laws

Against the removal ofboundary markers, at Deuteronomy 19:14
Concerningprimogeniture, at Deuteronomy 21:15-17
Ordering undutiful sons to be stoned to death, at Deuteronomy 21:18-21
Againsttransvestitism, at Deuteronomy 22:5
Prohibiting taking a mother bird at the same time as its nest, at Deuteronomy 22:6-7
Ordering roofs to be constructed withparapets, at Deuteronomy 22:8
Prohibiting newly married women from being slandered, at Deuteronomy 22:13-21
Concerning escaped slaves, at Deuteronomy 23:15-16
Against religious prostitution, at Deuteronomy 23:17-18
Concerning the crops of a neighbour, at Deuteronomy 23:24-25
Concerningdivorce, at Deuteronomy 24:1-4
Against punishing the family of a criminal, at Deuteronomy 24:16
Limiting the number of lashes, at Deuteronomy 25:1-3
Against muzzling oxen duringthreshing, at Deuteronomy 25:4
Concerning levirate marriage, at Deuteronomy 25:5-10
Ordering women to be modest, at Deuteronomy 25:11-12

Ritual

The ritual of the firstfruits and of the tithe, including a prayer, at Deuteronomy 26:1-15