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Part 20 claim

Subject: Law

A claim other than a claim by the claimant against the defendant. It includes (1) a counterclaim by the defendant against the claimant; (2) a counterclaim by the defendant against a third ...

Commandments

Commandments   Reference library

Aryeh Cohen

The Oxford Encyclopedia of the Bible and Law

Reference type:
Subject Reference
Current Version:
2015
Subject:
Religion, Law
Length:
5,353 words

...as related in Exodus 34 , which is ritually oriented, is original, with Exodus 20 , the moral revelation, being secondary. This accords with the idea regnant in nineteenth-century biblical criticism that Israelite monotheism developed from the cultic to the ethical. One problem with this theory is that the Decalogue in Exodus 20 does not have the type of moral exhortation familiar from the Prophets. There is some evidence that a list of commandments similar in part to the Decalogue was extant in ancient Israel ( Neh 9:13 ; Hos 4:2 ; 12:10 ; Jer...

Holiness Code and Writings

Holiness Code and Writings   Reference library

Jeffrey Stackert

The Oxford Encyclopedia of the Bible and Law

Reference type:
Subject Reference
Current Version:
2015
Subject:
Religion, Law
Length:
5,111 words

...Exodus 31 —is the creation account in Genesis 1:1—2:4a . Some scholars have argued that this text belongs to H (e.g., Milgrom, 2003 ). However, this claim fails to take adequate account of the underlying P narrative and its literary fiction ( Stackert, 2011a ). Yet even in the midst of such debate, several texts outside of the Holiness Code can be confidently ascribed to H. These include Exodus 12:14–20 ; Leviticus 11:43–45 ; 16:29–34a ; and Numbers 9:1–14 ; 15:22–41 ; 18:1–32 ; 27:1–11 . Though it remains disputed, Israel Knohl has offered a...

Property

Property   Reference library

Geoffrey Parsons Miller

The Oxford Encyclopedia of the Bible and Law

Reference type:
Subject Reference
Current Version:
2015
Subject:
Religion, Law
Length:
5,942 words

...Bible suggests, is sufficient to claim title to it (although the Bible recognizes that the Canaanites were in the land at that time, the narrative portrays the territory as essentially vacant). The gesture of walking the length and breadth of the land is analogous to explorers of more modern times who raised a flag on newly discovered territory in order to claim it for the nations that sponsored their expeditions. Still another basis for Israel’s title to the Promised Land is the notion of right of conquest. The first part of the book of Joshua sets out the...

Injury and Assault

Injury and Assault   Reference library

Klaus-Peter Adam

The Oxford Encyclopedia of the Bible and Law

Reference type:
Subject Reference
Current Version:
2015
Subject:
Religion, Law
Length:
5,927 words

...; cf. Pss 86:14 ; 119:78 , 122 ; Sir 11:9 ). The noun negaʿ , “stroke” ( Deut 17:8 ; 21:5 ), can sometimes be used metaphorically to indicate a slaying or a plague of leprosy ( Lev 13:2–3 , 9 , 20 , 25 , 27 ; 14:3 , 32 , 54 ; Deut 24:8 ); it indicates a deadly stroke in Isaiah 53:8 . The verb √ n-g-p , “to strike/kick,” with a part of the body is used in Exodus 21:22 to describe injury to a pregnant woman; and in Exodus 21:35 of a goring ox. The verb √ n-k-h designates physical injury, especially deadly injury ( Exod 21:12 )....

Law in the Writings

Law in the Writings   Reference library

F. Rachel Magdalene and Bruce Wells

The Oxford Encyclopedia of the Bible and Law

Reference type:
Subject Reference
Current Version:
2015
Subject:
Religion, Law
Length:
7,965 words

...wisdom and law is, therefore, important. Similar statements are found in legal and wisdom texts on the treatment of one’s parents ( Exod 21:17 ; Prov 20:20 ), deceptive business practices ( Deut 25:15 ; Prov 11:1 ; 16:11 ), and property boundaries ( Deut 19:14 ; Prov 22:28 ; 23:10 ). Did wisdom influence law or vice versa? One view claims that, in ancient Israel, wisdom preceded law, in historical and in literary terms. Early Israel functioned as a loose collection of households and kinship groups and had no binding law. Disputes were resolved...

Book of the Covenant

Book of the Covenant   Reference library

Eckart Otto

The Oxford Encyclopedia of the Bible and Law

Reference type:
Subject Reference
Current Version:
2015
Subject:
Religion, Law
Length:
5,919 words
Illustration(s):
1

...coherence by genealogical ties faded in social turmoil caused by overpopulation of land, division of labor, urbanization, and social conflicts. The Covenant Code is framed with social privilege law in Exodus 21:2–11 ; 23:10–12 , following the altar law in Exodus 20:24–26 , which claimed that each cultic place where these laws of the Covenant Code were proclaimed was a legitimate sanctuary. These privilege laws frame the order of material case law in Exodus 21:12—22:29 and the order of procedural law in Exodus 23:1–3 , 6–8 . In the structure of the...

Decalogue

Decalogue   Reference library

Edward L. Greenstein

The Oxford Encyclopedia of the Bible and Law

Reference type:
Subject Reference
Current Version:
2015
Subject:
Religion, Law
Length:
6,004 words

...two versions of the Decalogue in Exodus 20 and Deuteronomy 5 are very close in formulation. There are no differences between them up till the command to observe the sabbath ( Exod 20:8 ; Deut 5:12 ). At that point there are, in addition to some very minor variations, such as joining the brief commands following “You are not to murder” (trans. Fox, 1995 ) with the connective wāw (“and”), a few significant variations, which appear to be adjustments to the Deuteronomic context (see below), for the most part in the sabbath commandment. The Decalogue...

Legal Rhetoric

Legal Rhetoric   Reference library

Dale Patrick

The Oxford Encyclopedia of the Bible and Law

Reference type:
Subject Reference
Current Version:
2015
Subject:
Religion, Law
Length:
8,050 words

...sacrificial altars to one place, is worded so that it echoes the Book of the Covenant, in particular, Exodus 20:24 , “An altar of earth you shall make for me and sacrifice on it your burnt offerings ( ʿōlôt ) and your well-being offerings ( šĕlāmîm ), your sheep and your cattle; in every place where I cause my name to be remembered I will come to you and bless you. …” The sites would be all over the countryside, performing the function of claiming territory surrounding the altar as belonging to Yhwh. Deuteronomy 12 retains the idea of a place chosen by Yhwh...

Deuteronomic Law

Deuteronomic Law   Reference library

Daniel I. Block

The Oxford Encyclopedia of the Bible and Law

Reference type:
Subject Reference
Current Version:
2015
Subject:
Religion, Law
Length:
9,528 words

...repudiate the legitimacy of another—especially when both claimed divine authority. Although most critical scholars associate the Deuteronomic Law either with the reforms of Josiah or Neo-Assyrian treaty forms, some have recently argued that the laws of Deuteronomy derive from the Persian period. Among the factors that supposedly point to a Persian era provenance for the Deuteronomic Law are the following (see Pakkala, 2009 ): (1) The monarch plays no role in Urdeuteronomium ( 17:14–20 is deemed a later addition). (2) Assuming no state...

Methods in Studying Ancient Law

Methods in Studying Ancient Law   Reference library

David P. Wright and Clare K. Rothschild

The Oxford Encyclopedia of the Bible and Law

Reference type:
Subject Reference
Current Version:
2015
Subject:
Religion, Law
Length:
10,419 words

...is part of continuing scholarship rather than just an organizing framework, evidence shows that native conceptions of law and the way of categorizing it were different from a jurisprudential schema. The main example of the wider scope of biblical law is its incorporation of apodictic demands together with casuistically formulated laws. For example, the Book of the Covenant, or Covenant Code, which appears to be the oldest law collection of the Pentateuch, encircles its casuistic laws ( Exod 21:2—22:19 ) with apodictic laws ( Exod 20:23–26 ; 22:20—23:19...

Sexual Legislation

Sexual Legislation   Reference library

Carolyn Pressler

The Oxford Encyclopedia of the Bible and Law

Reference type:
Subject Reference
Current Version:
2015
Subject:
Religion, Law
Length:
9,072 words

...boundaries that many of the laws seek to protect are those marking out one kinsman’s sexual rights from another’s. That a “woman’s nakedness” is the nakedness of the man with claims over her suggests that her sexuality is more than his possession; it is part of his very personhood. The phrase also indicates that the prohibitions have to do with honor and shame. To violate a man’s claims over the sexuality of his wife or granddaughters was to violate his own person. Elsewhere in the Hebrew Bible, “uncovering nakedness” almost always refers to a woman,...

Punishment and Restitution

Punishment and Restitution   Reference library

Trevor W. Thompson

The Oxford Encyclopedia of the Bible and Law

Reference type:
Subject Reference
Current Version:
2015
Subject:
Religion, Law
Length:
8,280 words

...§28; LH §§129–130, 153; MAL A §§13–15, 23; Exod 20:14 ; Prov 6:32–35 ); (9) sex with your father’s wife ( Lev 20:11 ; cf. Deut 27:20; LH §§157–158); (10) sex with your son’s wife ( Lev 20:12 ; cf. LH §155); (11) sex with both a mother and her daughter ( Lev 20:14 ); (12) promiscious daughter of a priest ( Lev 21:9 ; see below); (13) giving false testimony in capital cases ( Deut 19:16–21 ; LL §17; LH §§1–4); (14) rebelling against parents ( Deut 21:18–21 ); (15) making a false claim of virginity about a woman ( Deut 22:13–21 ; 15, the woman is put...

Trial Procedure

Trial Procedure   Reference library

Shalom E. Holtz

The Oxford Encyclopedia of the Bible and Law

Reference type:
Subject Reference
Current Version:
2015
Subject:
Religion, Law
Length:
4,693 words

...elements in prophetic speeches can be considered an analogue ( Deut 32:1 ; Isa 1:2 ; Jer 6:19 ; Mic 6:2 ). This aspect of the complaint is probably a rhetorical device meant to support the claim, rather than a procedural speech-act in and of itself. Threat of a potential sanction is another means of lending force to a complaint (e.g., Judg 6:30 ; 12:1 ; 20:13 ). The dispute can come to an end if the person to whom the complaint is addressed admits guilt (e.g., 1 Sam 24:17–18 ; 26:21 ), sometimes with a declaration that the opponent is in the right...

Suicide

Suicide   Reference library

Justin R. Howell

The Oxford Encyclopedia of the Bible and Law

Reference type:
Subject Reference
Current Version:
2015
Subject:
Religion, Law
Length:
6,994 words

...that the event of his death ( Judg 16:23–31 )—where he also kills the Philistine rulers and thousands more ( 16:27 )—is not only an act of revenge but also part of a divine plan to free the Israelites from the dominion of the Philistines ( Judg 14:1–9 , 19 ; 15:9–20 ). Similarly, when Eleazar slew the elephant from below, only to have it fall upon and kill him ( 1 Macc 6:46 ), the author claims that “he gave his life to save his people and to win for himself an everlasting name” ( 1 Macc 6:44 )—even as another author justifies the death of Eleazar and...

Righteousness

Righteousness   Reference library

James Dunn

The Oxford Encyclopedia of the Bible and Law

Reference type:
Subject Reference
Current Version:
2015
Subject:
Religion, Law
Length:
5,808 words

...land of Egypt, out of the house of slavery; you shall have no other gods before me” ( Exod 20:1–3 ). The law at Sinai was given to a people already graced by God’s redemptive initiative. It was given not to enable Israel to become God’s people but to show Israel how to live as God’s people. This double emphasis is well expressed in the term “covenantal nomism,” indicating both the recognition that Israel’s covenant relationship was an act of pure generosity on the part of God and the acceptance that the people of God should live in accordance with the law (...

Law in the Prophets

Law in the Prophets   Reference library

Tova Ganzel

The Oxford Encyclopedia of the Bible and Law

Reference type:
Subject Reference
Current Version:
2015
Subject:
Religion, Law
Length:
4,111 words

...the enforcement of the law is, with the exception of Jeremiah 26 , left to God. Prophets’s reflections on the law. Ezekiel includes the startling assertion, “Moreover I gave them statutes that were not good and ordinances by which they could not live” ( Ezek 20:25 ). Engaging this claim—that God gave the Israelites bad laws in order to punish them—traditional commentators explain that God enabled the people to sin but that the bad lawmaking actually originated among the people. Another explanation is that once God determined that Israel was to be...

Deposit and Pledge

Deposit and Pledge   Reference library

Mark E. Biddle

The Oxford Encyclopedia of the Bible and Law

Reference type:
Subject Reference
Current Version:
2015
Subject:
Religion, Law
Length:
3,267 words

...the rights of the depositor to regain the deposited property or its equivalent value (cf. CAP 20, l. 7 [ 420 b.c.e. ]). Second, in order to prevent the inevitable disputes that arise from solely verbal agreements, legislation denies validity to any agreement not entered into before witnesses or in written form (LH §§122–124). Third, the case law contemplates a number of scenarios in which the holder may attempt to defraud the depositor—for example, by claiming that the deposit has been “lost,” especially in the absence of any evidence of theft by a third...

Biblical Law

Biblical Law   Reference library

Bruce Wells and Robert Matthew Calhoun

The Oxford Encyclopedia of the Bible and Law

Reference type:
Subject Reference
Current Version:
2015
Subject:
Religion, Law
Length:
15,027 words

...rather, set forth the maximum penalties allowed. Revenge for homicide was death. Those who wished to claim that their commission of a homicide was accidental could seek temporary safety in a city of asylum. A formal trial would then determine the nature of the act ( Num 35:10–28 ; Deut 19:1–13 ; cf. Josh 20:2–6 ). Death also functioned as revenge for adultery—sex between a married or betrothed woman and any man other than her husband/fiancé ( Lev 20:10 ; Deut 22:22–27 )—and for kidnapping ( Exod 21:16 ; Deut 24:7 ). With theft, revenge likely took...

Dead Sea Scrolls

Dead Sea Scrolls   Reference library

Alex P. Jassen

The Oxford Encyclopedia of the Bible and Law

Reference type:
Subject Reference
Current Version:
2015
Subject:
Religion, Law
Length:
7,945 words

...manuscript from Cave 11 (11Q20) ( Charlesworth, 2011 ). This manuscript is dated to the beginning of the first century c.e. and was copied by the same scribe responsible for Pesher Habakkuk (1QpHab). Though there are some points of divergence, 11Q20 on the whole agrees with 11Q19 in cases of textual overlap and is therefore best understood as a second copy of the text. Three additional manuscripts are related to the Temple Scroll , though the nature of their relationship to the text represented in 11Q19–20 is unclear ( Charlesworth, 2011 )....

Sanhedrin

Sanhedrin   Reference library

Isaiah M. Gafni

The Oxford Encyclopedia of the Bible and Law

Reference type:
Subject Reference
Current Version:
2015
Subject:
Religion, Law
Length:
4,903 words

...claim that the court’s members were chosen from “three rows of disciples of the sages that sat before the court” ( m. Sanh. 4:4). None of these descriptions appear in any of the Greek references to the Sanhedrin, whose members were frequently determined by family ties or their personal acquaintance with the convener of any given council. Who Presided over the Sanhedrin? Yet another question relates to the identity of the Sanhedrin’s chief officer. While the Greek sources project the High Priest as the council’s central figure, the rabbinic sources claim...

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