The Eightfold Path of Pauline Enlightenment

 

Outline of Document (when I’m less lazy I’ll make these link to the right place)

1. What Does Paul Mean by “Circumcision”

2. What Does Paul Mean by “Law?”

3. How does Paul use the “law” or Sinai covenant and the term “covenant” in general?

4. The Meaning of “Under the Law”

5. What is “Works of the Law?”

6. Paul’s Use of Israel’s Covenant Breaking and Redemption:

7. The Corporate Nature of God’s Salvation for Israel and Hence Us

8. Paul Uses Israel’s Journey as an Analogy for Our Own.

1. What Does Paul Mean by “Circumcision”

The most important point is that Peter in Acts 15 and Paul in Galatians are talking about circumcision in the context of table fellowship with the church and salvation. The reason why table fellowship and salvation are associated will be made clear later:

 

11 But when Cephas came to Antioch, I opposed him to his face, because he stood self-condemned; 12 for until certain people came from James, he used to eat with the Gentiles. But after they came, he drew back and kept himself separate for fear of the circumcision faction. 13 And the other Jews joined him in this hypocrisy, so that even Barnabas was led astray by their hypocrisy. 14 But when I saw that they were not acting consistently with the truth of the gospel, I said to Cephas before them all, “If you, though a Jew, live like a Gentile and not like a Jew, how can you compel the Gentiles to live like Jews?” (Galatians 2:11-14)

You who want to be justified by the law have cut yourselves off from Christ; you have fallen away from grace (Gal 5:4)

Paul prefixes Galatians 5:4 with the example of circumcision: “Once again I testify to every man who lets himself be circumcised that he is obliged to obey the entire law.” (Gal 5:3) However, Paul had Timothy circumcised and throughout all his letters criticizing “circumcision,” he never feels the need to give justification for why this well known apostle was circumcised at his behest. Therefore, Paul can’t be referring to just the act of circumcision when he is preaching against circumcision but something more. Paul rather seems to use circumcision (sometimes) in a nationalistic context like the following:

25 Circumcision indeed is of value if you obey the law; but if you break the law, your circumcision has become uncircumcision. 26 So, if those who are uncircumcised keep the requirements of the law, will not their uncircumcision be regarded as circumcision? 27 Then those who are physically uncircumcised but keep the law will condemn you that have the written code and circumcision but break the law. 28 For a person is not a Jew who is one outwardly, nor is true circumcision something external and physical. 29 Rather, a person is a Jew who is one inwardly, and real circumcision is a matter of the heart—it is spiritual and not literal. Such a person receives praise not from others but from God. Then what advantage has the Jew? Or what is the value of circumcision? 2 Much, in every way. For in the first place the Jews were entrusted with the oracles of God.

(Romans 2:25-3:2 emphasis mine)

I find myself close to J. D. G. Dunn’s views that:

Paul does not exclude “works of law” as the way to righteousness because such works were an attempt to earn salvation by amassing merit before God, or because such works could not be obeyed perfectly. Although “works of law” refers to the whole law, the term focuses on “identity markers” or “badges” of the covenant which separated Jews from Gentiles, vis. circumcision, food laws, and the observance of certain days. Thus when Paul speaks against “works of law,” he is not speaking against works in general, but against the particular works of the covenant which created a distinction between Jews and Gentiles. Paul’s polemic is not against “activism” but “nationalism.” He attacks any Jewish notion of privilege because of her covenantal status. The Jews wrongly boasted in their nation privilege as God’s elect people, but they did not boast in their good works.

https://www.jstor.org/stable/1561358 (see page 6 (or 222 in the journal))

 

The only difference in my view is that particular things like not eating with gentiles and adult circumcision–that is circumcision not associated with eating the Passover or non-Passover-adult circumcision are not in the Torah.

While circumcision may be necessary in the Torah to be treated as native born and observe the Passover (Exodus 12:48) this implies that there was no requirement to circumcise yourself as an adult to sojourn in Israel. In fact, I think you could argue that the circumcision that Abraham and his household observed was a one time thing–afterward they were required to circumcise their children on the eighth day and anyone that was bought with money. However, these two requirements imply that other adults coming into the household–especially just traveling with the household wouldn’t need to be circumcised. And this is very similar to the issue Paul was dealing with–whether you could eat with or be around other Jews in the synagogue if you weren’t circumcised. However, this additional point (of adult circumcision not being required) is not necessary to argue that people who were uncircumcised could be in Israel–they just wouldn’t be able to own land. In the diaspora (which was the context Paul was writing in) and in the context of fellowship within the church (which was also Paul’s context for writing) circumcision would have been even less necessary and just an outward sign of Jewishness–hence why Paul compares a Jew inwardly and Jew outwardly.

The LXX confirms that the command to cut off anyone not circumcised was specifically for those on the eighth day:

And the uncircumcised male who shall not be circumcised in the flesh of his foreskin in the [2day 1eighth], [2shall be utterly destroyed 1that soul] from its race, for my covenant he effaced. (Gen 17:14 ABP)

Any uncircumcised male who is not circumcised in the flesh of his foreskin shall be cut off from his people; he has broken my covenant.” (Gen 17:14 NRSV)

Matthew Theissen even argues that this verse excludes Ishmael from the covenant and is why Abraham responds that “Oh that Ishmael might live in your sight!” to which God says that the covenant is for Isaac. Theissen uses the Samaritan Pentateuch, the Septuagint, and Jubilees (all of which specify the 8th day) to argue that this was the original writing. He also states that Arabs were historically circumcised after the 8th day which would explain part of the distinction between Isaac and Ishmael. (see the book “Contesting Conversion” pg 24-41) This further emphases the distinction Paul draws between the circumcision of the spirit and the circumcision of the flesh (which is not commanded after the 8th day except if you wanted to eat the Passover). Observe the statements in the verses right after Gen 17:14 to see whether this context fits

15 God said to Abraham, ‘As for Sarai your wife, you shall not call her Sarai, but Sarah shall be her name. 16 I will bless her, and moreover I will give you a son by her. I will bless her, and she shall give rise to nations; kings of peoples shall come from her.’ 17 Then Abraham fell on his face and laughed, and said to himself, ‘Can a child be born to a man who is a hundred years old? Can Sarah, who is ninety years old, bear a child?’ 18 And Abraham said to God, ‘O that Ishmael might live in your sight!’ 19 God said, ‘No, but your wife Sarah shall bear you a son, and you shall name him Isaac. I will establish my covenant with him as an everlasting covenant for his offspring after him. 20 As for Ishmael, I have heard you; I will bless him and make him fruitful and exceedingly numerous; he shall be the father of twelve princes, and I will make him a great nation. 21 But my covenant I will establish with Isaac, whom Sarah shall bear to you at this season next year.’ 22 And when he had finished talking with him, God went up from Abraham. (Gen 17:15-22)

In addition, every place that circumcision refers to a group in the new testament and the time is specified–it is on the eighth day:

22 Moses gave you circumcision (it is, of course, not from Moses, but from the patriarchs), and you circumcise a man on the sabbath. 23 If a man receives circumcision on the sabbath in order that the law of Moses may not be broken, are you angry with me because I healed a man’s whole body on the sabbath? (John 7:22-23)

Then he gave him the covenant of circumcision. And so Abraham became the father of Isaac and circumcised him on the eighth day; and Isaac became the father of Jacob, and Jacob of the twelve patriarchs. (Acts 7:8)

3 For it is we who are the circumcision, who worship in the Spirit of God and boast in Christ Jesus and have no confidence in the flesh— 4 even though I, too, have reason for confidence in the flesh.

4 If anyone else has reason to be confident in the flesh, I have more: 5 circumcised on the eighth day, a member of the people of Israel, of the tribe of Benjamin, a Hebrew born of Hebrews; as to the law, a Pharisee; (Philipians 3:3-5)

Furthermore, we see that in this eighth day context, one’s circumcision status because of a decision their father made has no effect on whether that person follows the commandments:

Circumcision is nothing, and uncircumcision is nothing; but obeying the commandments of God is everything. (1 Corinthians 7:19)

It said Abraham received the promise before HIS adult circumcision.

10 How then was it reckoned to him? Was it before or after he had been circumcised? It was not after, but before he was circumcised. 11 He received the sign of circumcision as a seal of the righteousness that he had by faith while he was still uncircumcised. The purpose was to make him the ancestor of all who believe without being circumcised and who thus have righteousness reckoned to them, 12 and likewise the ancestor of the circumcised who are not only circumcised but who also follow the example of the faith that our ancestor Abraham had before he was circumcised.

13 For the promise that he would inherit the world did not come to Abraham or to his descendants through the law but through the righteousness of faith. (Romans 4:13)

Since Abraham is said not to have “law” at the time and his act of faith is contrasted with his adult circumcision it seems to be implying that adult circumcision is part of the “law” as Paul uses it. Yet Abraham came before the giving of the Passover sacrifice.

13 sin was indeed in the world before the law, but sin is not reckoned when there is no law. 14 Yet death exercised dominion from Adam to Moses, even over those whose sins were not like the transgression of Adam, who is a type of the one who was to come. (Romans 5:13-14)

However, we know that adult circumcision (not for eating the Passover sacrifice) is not in the law of Sinai. So clearly the “law” (as Paul uses it) must be an analogy for something else. I argue later that it is an analogy for “works of law” which did include adult circumcision. The fact that it is an analogy for something else makes sense since if we look at it literally Abraham was given the covenant because he obeyed God’s voice and his laws:

4 I will make your offspring as numerous as the stars of heaven, and will give to your offspring all these lands; and all the nations of the earth shall gain blessing for themselves through your offspring, 5 because Abraham obeyed my voice and kept my charge, my commandments, my statutes, and my laws.” (Gen 26:4-5)

Again I will state that this restriction of the command to circumcise on the eighth day for descendants of Abraham is not necessary for my argument, it is just an additional strength or an a-fortiori. Even if adult circumcision is necessary we could ask the question: why would Paul be speaking against the act of circumcision in the Torah if the other things he groups together with it aren’t? That is, identity, salvation, and table fellowship. He his negating the whole and not the specific act of circumcision here in Galatians since he explicitly says that circumcision will cause you to be cut off from Christ and is a way of justifying yourself through works.

Summary: Paul preaches against circumcision that is meant to convey a nationalistic or racial identity and says this cannot lead to salvation. Rather, both Jews, and Gentiles can be saved. This should be obvious from the context but to make this argument even stronger you can observe that things like non-passover-adult-circumcision and not eating with gentiles are not in the Torah which means the context of what Paul is saying is about things not in the Torah at all. This then must mean that Paul is speaking about an issue not even related to commandments in the Torah.

2. What Does Paul Mean by “Law?”

So we have just seen that Paul sometimes uses “law” to refer to Sinai law, not other parts of the first five books. This is most clearly evident in Galatians:

My point is this: the law, which came four hundred thirty years later, does not annul a covenant previously ratified by God, so as to nullify the promise. (Gal 3:17 NRSV)

Paul also does this in Romans: comparing the covenant of Moab with Sinai in Romans 10:5-10 with quotes from Lev 18:5 and Deut 30:11-14. Since both things are quoted

5 Moses writes concerning the righteousness that comes from the law, that “the person who does these things will live by them.” 6 But the righteousness that comes from faith says, “Do not say in your heart, ‘Who will ascend into heaven?’” (that is, to bring Christ down) 7 “or ‘Who will descend into the abyss?’” (that is, to bring Christ up from the dead). 8 But what does it say?

“The word is near you,
on your lips and in your heart” (Romans 10:5-8)

As we previously saw Abraham is said not have law because he was before Moses even though Abraham had at least one of the instructions that was in the “law” which was circumcision on the eighth day. So we see here that in Romans “law” is clearly being used in covenant form and not in terms of individual commands. We see the context of “law” being Sinai law is setup a whole five chapters before Romans 10 in Romans 5:

13 sin was indeed in the world before the law, but sin is not reckoned when there is no law. 14 Yet death exercised dominion from Adam to Moses, even over those whose sins were not like the transgression of Adam, who is a type of the one who was to come. (Romans 5:13-14)

Galatians as we have seen is an example where Paul uses “law” as “Sinai law” explicitly. In Romans it is heavily implied because of the contrast between Moab and Sinai and by replacing “the law” with Christ since he is the living Torah which also enables Israel to follow the law. 1 Timothy 1:9 is another example where “law” can’t just mean “law” but rather the condemnation of Sinai probably more in context of the putative legal system (see Galatians 3:19) than the corporate responsibility for breaking the Sinai covenant:

9 This means understanding that the law is laid down not for the innocent but for the lawless and disobedient, for the godless and sinful, for the unholy and profane, for those who kill their father or mother, for murderers, (1 Timothy 1:9)

In addition, his comparison of the faith of Abraham (in Genesis) to “the law” wouldn’t make sense if he is using “the law” to refer to the first five books (Torah)–since Abraham is in those books.

Even today the ritual of circumcision is used in a nationalistic sense to convey Jewishness. I was told if I were to become Jewish I would need to “convert” (part of that ritual is to become circumcised). Interestingly enough, if my mother was Jewish I would not need to convert. Whether someone is Jewish today seems to depend on whether they are descended from someone who is Jewish as much as it does someone who goes through the ritual of conversion. So you have something that turns into a nationality or race once you enter into it. There was even a Jewish person who told me he got into an argument with a more conservative Jew about whether it was necessary to keep a really good track of your Jewish heritage and convert to Judaism if you couldn’t prove you were Jewish. This Jew he argued with was saying that Jewish souls lose their purity if they aren’t careful to make sure they are actually Jewish. This sounds related to at least righteousness if not salvation. This is also what E. P. Sander’s argued, that a major view in Judaism in the first century was that by keeping certain acts of purity like circumcision you would save yourself by being recognized by God as the covenant people of God, rather than a religion of more straightforward legalism:

[George Foot Moore] . . . pointed out that rabbinic Judaism was not a religion of legalism.

This point was not sufficiently driven home, however, until the publication in 1977 of E. P. Sanders’ book Paul and Palestinian Judaism. A New Testament scholar with a good grasp of rabbinic literature, Sanders drove the final and most powerful nail into the coffin of the traditional Christian caricature of Judaism. Sanders’ extensive treatment of the Tannaitic literature, the Dead Sea Scrolls, and the Apocrypha and Pseudepigrapha was designed, like the efforts of Montefiore and Moore, to describe and define Palestinian Judaism on its own terms, not as the mirror reflection of Christianity. Unlike Montefiore and Moore, Sanders has been immensely successful in convincing New Testament scholars. Sanders has coined a now well-known phrase to describe the character of first-century Palestinian Judaism: “covenantal nomism.” The meaning of “covenantal nomism” is that human obedience is not construed as the means of entering into God’s covenant. That cannot be earned; inclusion within the covenant body is by the grace of God. Rather, obedience is the means of maintaining one’s status within the covenant. And with its emphasis on divine grace and forgiveness, Judaism was never a religion of legalism.

https://academic.logos.com/a-summary-of-the-new-perspective-on-paul/

 

Becoming circumcised was not required for sojourning with Israel which is closer to the type of association Paul is speaking of with table fellowship and salvation. Not even James believed you had to become part of national Israel to be saved as he states in Acts 15:17. So even if the Torah required adult circumcision without the Passover sacrifice the idea that it wouldn’t have required it for salvation goes without saying.

However, if the Torah did not require adult circumcision without Passover observance then Gentiles in the first century might have had to become Jews first (at the very least they had to go to stay in an outer court and couldn’t offer their sacrifices in the same way Jews could) This contradiction between what the Torah stated and what Judaism taught at the time is evident in these quotes:

“. . . in the Torah a Gentile was permitted to bring a sacrifice in the same way any Israelite does, presumably right to the altar of the Tabernacle (Num 15:14-16). . . .

Did Jews of the first century consider Gentiles impure and therefore exclude them from the inner courts of the temple? There are several Second Temple texts which indicate eating with Gentiles was a serious problem for some (many? most?) Jews. Joseph and Asenath 7:1, “Joseph never ate with the Egyptians, for this was an abomination to him”

Jubilees 22:16: And you also, my son, Jacob, remember my words, and keep the commandments of Abraham, your father. Separate yourself from the Gentiles, and do not eat with them, and do not perform deeds like theirs. And do not become associates of theirs. Because their deeds are defiled, and all their ways are contaminated, and despicable, and abominable.”

Tobit 1:10–12: After I was carried away captive to Assyria and came as a captive to Nineveh, everyone of my kindred and my people ate the food of the Gentiles, 11 but I kept myself from eating the food of the Gentiles. 12 Because I was mindful of God with all my heart,”

Judith 12:1–2: Then he commanded them to bring her in where his silver dinnerware was kept, and ordered them to set a table for her with some of his own delicacies, and with some of his own wine to drink. 2 But Judith said, “I cannot partake of them, or it will be an offense; but I will have enough with the things I brought with me.

Although Gentile exclusion was not a “core belief” of Judaism in the Second Temple period, it is clear that by the first century Judaism was not a particularly open religion nor were Gentiles welcome to participate fully in worship of the God of Israel.

https://readingacts.com/2017/04/06/core-beliefs-of-second-temple-judaism-gentiles-and-the-temple/

 

There is also some indication that bringing Gentiles near the temple like Paul did was in fact polluting it according to some Jews:

Details about the pilgrimage of diaspora Jews to the Jerusalem temple also come up in a few places in the narrative about the life and ministry of Paul later in the book of Acts. After Paul had arrived in Jerusalem, he met with the Christian community there and received advice about how to demonstrate his faithfulness to Judaism in order to disprove criticisms leveled against him by his opponents. The leaders of the church recommend that he accompany and assist certain individuals in fulfilling a vow (Acts 21:17–24). After the required purification process, Paul would enter the temple with these men. Apparently, the Jews from Asia were also in Jerusalem and at the temple at this time (21:27), it is likely during the celebration of Pentecost (cf. 20:16). These Jews knew that Paul had traveled to Jerusalem with Gentiles. So, they assumed that Paul had brought these men into the temple with him and polluted it (21:28), especially in light of the rumors of his slack teaching regarding the Jewish laws (21:21). The text simply notes that these Jews were from Asia. It does not specify that they had made a pilgrimage to Jerusalem in order to worship at the temple, but this is a reasonable possibility since they apparently were present in Jerusalem during a festival.

The Jerusalem Temple in Diaspora: Jewish Practice and Thought during the Second Temple Period, pg 76–110, 3 Acts of the Apostles

 

Later this inconsistency between what Judaism taught and what the Torah taught was changed:

The Rabbis say (Hullin13b): ‘Sacrifices are to be accepted from Gentiles as they are from Jews,’ although this saying dates from after the destruction of the Temple.

https://www.myjewishlearning.com/article/sacrifice/

 

Many Jews who lived far away in the diaspora didn’t observe the Passover at the temple where they could eat the Passover sacrifice probably because of travel expenses and the massive amount of time it would take:

All of these sources reaffirm the essential popularity of making pilgrimage to Jerusalem among diaspora Jews in general. In other words, during a given festival in Jerusalem it is very likely that many diaspora Jews could be found in Jerusalem who had travelled from all over the world.

Yet, at the same time, there are few indications that this practice was common among all diaspora Jews. It is likely that many, if not most, diaspora Jews never went to Jerusalem during one of the festivals.5 However, as was the case with the financial contributions of diaspora Jews, we will highlight the possibility that diaspora Jews vicariously participated in pilgrimage to Jerusalem through the representatives sent from their community. The Jerusalem Temple in Diaspora: Jewish Practice and Thought during the Second Temple Period, pg 76

The Jerusalem Temple in Diaspora: Jewish Practice and Thought during the Second Temple Period, pg 76

The Torah says to celebrate Passover for seven days, but Jews in the Diaspora lived too far away from Israel to receive word as to when to begin their observances and an additional day of celebration was added to be on the safe side.

https://www.bbc.co.uk/religion/religions/judaism/holydays/passover_1.shtml

 

In addition, there may have been a different view about the need to travel to Jerusalem specifically during the Passover if this Mishnaic tradition was followed during the time of Paul:

Every year his parents went to Jerusalem for the Feast of Passover. When he was twelve years old, they went up for the feast, according to the custom of the feast. When they had fulfilled the days [of the feast], his parents started home, unaware that the boy Jesus had stayed behind in Jerusalem. (Luke 2:41-43)

Three times a year—on the Feast of Unleavened Bread, on the Feast of Weeks, and on the Feast of Booths—all your males shall appear before the LORD your God in the place that he will choose. They shall not appear before the LORD empty-handed. (Deut. 16:16)

During the Second Temple period these verses were not understood to mean that one was obliged to make a pilgrimage to Jerusalem three times a year, but rather that pilgrimage was associated with these festivals. Pilgrimage was considered a commandment that “has no measure,” as stated in Mishnah, Peah 1:1: “The following are the things for which no definite quantity is prescribed…appearing [before the LORD]….”

Thus, the commandment to “go up” to Jerusalem might be observed once every few years or perhaps only once in a lifetime.

https://www.jerusalemperspective.com/2392/

 

My point in saying all this is that if the Torah only required adult circumcision for the Passover sacrifice then it would not be relevant for people living in many of the far away places to which Paul was writing and may not have even been able to participate in eating the sacrifice until they converted to Judaism.

Summary: Paul can’t be referring to “law” as the “Torah” because he seperates “law” from Abraham and from Moab. He also uses “law” in a way that would include adult circumcision but this could only be argued to be part of the covenant of Abraham–not the covenant of Sinai since Sinai does not mention adult circumcision except in context of the Passover which Abraham did not have. In addition, all cases in which adult circumcision is commanded by Sinai were not relevant to the people Paul was talking to.

3. How does Paul use the “law” or Sinai covenant and the term “covenant” in general?


He sometimes uses them metaphorically to refer to a soteriologies–that of works of law in contrast to accepting grace:

21 Tell me, you who desire to be under the law, do you not hear the law? 22 For it is written that Abraham had two sons: the one by a bondwoman, the other by a freewoman. 23 But he who was of the bondwoman was born according to the flesh, and he of the freewoman through promise, 24 which things are symbolic. For these are the two covenants: the one from Mount Sinai which gives birth to bondage, which is Hagar— 25 for this Hagar is Mount Sinai in Arabia, and corresponds to Jerusalem which now is, and is in bondage with her children— 26 but the Jerusalem above is free, which is the mother of us all. 27 For it is written:

“Rejoice, O barren,
You who do not bear!
Break forth and shout,
You who are not in labor!
For the desolate has many more children
Than she who has a husband.”

28 Now we, brethren, as Isaac was, are children of promise. 29 But, as he who was born according to the flesh then persecuted him who was born according to the Spirit, even so it is now. 30 Nevertheless what does the Scripture say? “Cast out the bondwoman and her son, for the son of the bondwoman shall not be heir with the son of the freewoman.” 31 So then, brethren, we are not children of the bondwoman but of the free.

5 Stand fast therefore in the liberty by which Christ has made us free, and do not be entangled again with a yoke of bondage. 2 Indeed I, Paul, say to you that if you become circumcised, Christ will profit you nothing. 3 And I testify again to every man who becomes circumcised that he is a debtor to keep the whole law. 4 You have become estranged from Christ, you who attempt to be justified by law; you have fallen from grace. 5 For we through the Spirit eagerly wait for the hope of righteousness by faith. (Gal 4:21-Gal 5:5 NKJV)

In the cultural/political context all the definitions of these concepts in Paul’s letter are readily apparent:
A. “Flesh”
B. “Spirit” the group that is persecuted by those of the flesh.
C. “the letter” (of the law) not mentioned here but “the letter” is used in opposition to “the spirit” of the law in 2 Corinthians 3:6 and Romans 7:6
D. “Faith” and “works”

First “flesh” in Galatians seems to refer to the zealot ideology who persecuted early Christians and wanted to overthrow the roman empire through violence as opposed to those of the spirit which were associated with Hillel:

Flusser discussed the political aspect of the rabbinic concept of the Kingdom of Heaven, arguing that originally “the Kingdom of Heaven” was an anti-Zealot slogan. At the end of the Second Temple period there were various groups of militant Jewish nationalists who advocated armed revolt against the Roman Empire. These insurgent groups believed that national liberation could be achieved through violent means. They believed that their armed struggle would provoke divine intervention on Israel’s behalf and the eschatological events of the final redemption would be set in motion as a result of their terrorist activities. It seems likely that at least one stream of militant Jewish nationalism emerged from the School of Shammai. This militant Jewish nationalist ideology was countered by the Hillelite stream of Pharisaic Judaism with the concept of the Kingdom of Heaven. According to Hillelite ideology, violent militant insurgence can only replace the Roman Empire with a kingdom of flesh and blood: . . .

https://www.jerusalemperspective.com/13546/

 

Rabbi Abbahu (Third and Fourth Century) said: Jerusalem was destroyed because its citizens intentionally “omitted recitation of Shema morning and evening” (Babylonian Talmud, Shabbos 119b). Rather than reciting the Shema (Deuteronomy 6: 4-9), a prayer indicating one’s total devotion to God and spiritual values (“You shall love the Lord, your God, with all your heart, with all your soul, and with all your resources”), the people were drinking wine and liquor. This is probably the Talmud’s way of describing how the people became materialistic and pleasure seeking and lost interest in living a moral life.

https://ssrn.com/abstract=3226583 Lessons Learned from the Destruction of Jerusalem and the Second Temple:
How to Truly Make America Great Again, by Hershey H. Friedman

The school of Shammai’s emphasis on the letter of the law is probably why Paul associates the persecutors of those of the spirit with the letter.

The Talmud describes an incident that occurred before the destruction of the Temple. The students were asked to go up to the upper chamber of the house of Channaniah b. Chizkiyah b. Garon. Unfortunately, the students from the School of Shammai took out spears and swords and killed (most commentaries cannot accept that Shammaites killed Hillelites and interpret this passage to mean threatened to kill) any Hillelite that was about to climb the steps and vote. Lau (2007: 223-224), cites evidence from the Cairo Geniza that there was an actual civil war between the two schools. It appears that the Shammaites did kill the Hillelites. Needless to say, the Shammaites were in the majority and passed religiously stringent laws known as “The Eighteen Articles” (Jastrow and Mendelsoh, 2002). The Talmud (Jerusalem Talmud Shabbos 1:4) notes that “this day was as grievous for the Jewish people as the day on which the Golden Calf was made.” These measures erected a ritualistic barrier between Jew and Gentile making it difficult for the two groups to socialize (Schmidt, 2001: 140-141).

https://ssrn.com/abstract=3226583 Lessons Learned from the Destruction of Jerusalem and the Second Temple:
How to Truly Make America Great Again, by Hershey H. Friedman

Paul even refers to himself as previously being a zealot or zealous and that that caused him to persecute Christians:

The article explores Gal 1.14 and Acts 22.3, two statements where Paul is said to be a ζηλωτη´ς. The term is a noun, meaning ‘Zealot’. However, interpreters and commentators have always interpreted the term as an adjective, meaning ‘zealous’. By understanding Paul’s statement as an adjective, interpreters and commentators have dissociated Paul from the Zealot movement which was emerging during this period of time within Judaism. However, Paul appears in these passages to claim that the Zealot movement was a powerful influence upon his formative Jewish life and theology and was a motivating factor in his persecution of the Christians. This article proposes that we seriously consider Zealot influences in the formative years of Paul.

https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S002868859800099X

In Phil 3:6 and Gal 1:13-14 Paul describes his persecution of the church as an expression of zeal; it was as a “zealot for the traditions of [his] fathers” that he “persecuted the church and tried to destroy it.” While the concept of zeal in first-century Judaism requires careful consideration, in general terms it referred to the use of force to defend the Torah against a perceived threat. Paul’s use of the term with reference to his persecution, then, indicates that he perceived the Christian movement as posing in some way a threat to the Torah.

But in what way? What was it about the church that Paul found objectionable? How in his view did it represent a threat to the Torah? The question is of interest for its own sake, of course, and Pauline scholarship has suggested a range of answers….

and [Zealot] was by no means restricted to opposition to foreign oppression (e.g., 2 Apoc. Bar. 66:1-8). In this later connection it might be mentioned that not until the war with Rome was “Zealot” taken over as a self-designation for a party advocating armed rebellion against Rome. Prior to that time–and in particular, when Paul described himself as a zelotes (Gal 1:14)–the term (contrary to popular belief) did not designate one as a member of an identifiable party.

https://www.jstor.org/stable/43717961?read-now=1&refreqid=excelsior%3A3bd0dcd839d324c209a8af8dc7d73155&seq=19#page_scan_tab_contents

 

This factionalism associated with the zealots and Shammai was so much a problem that the Talmud and other sources state that divisions among Jews were the major reason that the Temple was destroyed:

 

While the First Temple was destroyed due to idol worship, illicit relationships and murder, our Sages attribute the destruction of the Second Temple to the baseless hatred that prevailed among the Jews. If the Jews had been united, they would have merited G‑d’s protection. They would have withstood the Romans. It was the factionalism among Jews that ultimately brought about the destruction of the Second Temple.

https://www.chabad.org/library/article_cdo/aid/953558/jewish/The-Four-Factions.htm

 

However, considering that the people during the Second Temple period were engaged in Torah study, observance of mitzvot, and acts of kindness, and that they did not perform the sinful acts that were performed in the First Temple, why was the Second Temple destroyed? It was destroyed due to the fact that there was wanton hatred during that period. This comes to teach you that the sin of wanton hatred is equivalent to the three severe transgressions: Idol worship, forbidden sexual relations and bloodshed.

https://www.sefaria.org/Yoma.9b.11?lang=bi&with=all&lang2=en

 

These divisions were so bad that the Zealots fought against each other during the siege and even destroyed the grain supplies in order to provoke the populace to break the siege against the Romans:

Spurning all overtures for peace, the Zealots inside Jerusalem fought amongst themselves as much as against the Romans, while Titus surrounded the city with a siege wall and simply waited.

https://christianhistoryinstitute.org/magazine/article/not-one-stone-left-upon-another

The Roman authorities then sent Vespasian Caesar against the Jews. He came and laid siege to Jerusalem for three years. There were at that time in Jerusalem these three wealthy people: Nakdimon ben Guryon, ben Kalba Savua, and ben Tzitzit HaKesat. The Gemara explains their names: Nakdimon ben Guryon was called by that name because the sun shined [nakad] on his behalf, as it is related elsewhere (see Ta’anit 19b) that the sun once continued to shine in order to prevent him from suffering a substantial loss. Ben Kalba Savua was called this because anyone who entered his house when he was hungry as a dog [kelev] would leave satiated [save’a]. Ben Tzitzit HaKesat was referred to by that name because his ritual fringes [tzitzit] dragged along on blankets [keset], meaning that he would not walk in the street with his feet on the ground, but rather they would place blankets beneath him. There are those who say that his seat [kiseh] was found among the nobles of Rome, meaning that he would sit among them.

These three wealthy people offered their assistance. One of them said to the leaders of the city: I will feed the residents with wheat and barley. And one of them said to leaders of the city: I will provide the residents with wine, salt, and oil. And one of them said to the leaders of the city: I will supply the residents with wood. The Gemara comments: And the Sages gave special praise to he who gave the wood, since this was an especially expensive gift. As Rav Ḥisda would give all of the keys [aklidei] to his servant, except for the key to his shed for storing wood, which he deemed the most important of them all. As Rav Ḥisda said: One storehouse [akhleva] of wheat requires sixty storehouses of wood for cooking and baking fuel. These three wealthy men had between them enough commodities to sustain the besieged for twenty-one years.

There were certain zealots among the people of Jerusalem. The Sages said to them: Let us go out and make peace with the Romans. But the zealots did not allow them to do this. The zealots said to the Sages: Let us go out and engage in battle against the Romans. But the Sages said to them: You will not be successful. It would be better for you to wait until the siege is broken. In order to force the residents of the city to engage in battle, the zealots arose and burned down these storehouses [ambarei] of wheat and barley, and there was a general famine.

https://www.sefaria.org/Gittin.56a.8?lang=bi

 

These divisions were only solved afterwards by Gamaliel who was of the school of Hillel:

The guiding principle in all of Gamaliel’s actions is set forth in the words which he spoke on the occasion of his quarrel with Eliezer b. Hyrcanus (B. M. 59b): “Lord of the world, it is manifest and known to Thee that I have not done it for my own honor nor for that of my house, but for Thy honor, that factions may not increase in Israel.” The ends which Gamaliel had in view were the abolition of old dissensions, the prevention of new quarrels, and the restoration of unity within Judaism. To attain these objects he consistently labored to strengthen the authority of the assembly at Jabneh as well as his own, and thus brought upon himself the suspicion of seeking his own glory. His greatest achievement was the termination of the opposition between the schools of Hillel and Shammai, which had survived even the destruction of the Temple. In Jabneh, says tradition (Yer. Ber. 3b; ‘Er. 13b), a voice from heaven (“bat ḳol”) was heard, which declared that, although the views of both schools were justifiable in principle (as “words of the living God”), in practise only the views of Hillel’s school should be authoritative.

https://www.jewishencyclopedia.com/articles/6495-gamaliel-ii

 

In addition to this reason, the Talmud also states that the adherence to just the letter of the law was another reason Jerusalem (and hence the Temple) was destroyed:

Rabbi Yochanan (c. 180-279 CE) avers that Jerusalem was destroyed because the judges established their rulings on the basis of Torah law without going beyond the letter of the law (Babylonian Talmud, Bava Metzia 30b). The Talmud sees going beyond the requirements of the law — lifnim mishurat hadin (literally, inside the line of the law) — as a Torah requirement; obeying the strict letter of the law is not enough.

https://ssrn.com/abstract=3226583 Lessons Learned from the Destruction of Jerusalem and the Second Temple:
How to Truly Make America Great Again, by Hershey H. Friedman

 

The Gemara asks: But wasn’t Rabbi Yishmael, son of Rabbi Yosei, an elderly person and it was not in keeping with his dignity to tend to the item? Why did he purchase the wood and render it ownerless in order to absolve himself of the obligation to lift the burden if he had no obligation to do so in the first place? The Gemara answers: In the case of Rabbi Yishmael, son of Rabbi Yosei, he conducted himself beyond the letter of the law, and he could have simply refused the request for help.

The Gemara cites a source for going beyond the letter of the law in the performance of mitzvot. As Rav Yosef taught in a baraita with regard to the verse: “And you shall teach them the statutes and the laws, and shall show them the path wherein they shall walk and the action that they must perform” (Exodus 18:20). The baraita parses the various directives in the verse. “And you shall teach them,” that is referring to the structure of their livelihood, i.e., teach the Jewish people trades so that they may earn a living; “the path,” that is referring to acts of kindness; “they shall walk,” that is referring to visiting the ill; “wherein,” that is referring to burial; “and the action,” that is referring to acting in accordance with the letter of the law; “that they must perform,” that is referring to acting beyond the letter of the law.
. . .
It was taught in the baraita: “That they must perform”; that is referring to acting beyond the letter of the law, as Rabbi Yoḥanan says: Jerusalem was destroyed only for the fact that they adjudicated cases on the basis of Torah law in the city. The Gemara asks: Rather, what else should they have done? Should they rather have adjudicated cases on the basis of arbitrary decisions [demagizeta]? Rather, say: That they established their rulings on the basis of Torah law and did not go beyond the letter of the law.

https://www.sefaria.org/Bava_Metzia.30b.13?lang=bi

In addition to being factionalist, the zealots were also nationalists and were threatened by Christianity’s loosening of the seperation between Jew and Gentile:

The Zealots were passionate nationalists who broke away from the Pharisees because they wanted to fight the Romans at all costs, while the Pharisees hesitated. (Although the Pharisees too wanted to be free of Roman rule, they thought it wiser to pursue peace. They feared the Roman reprisals to a no-holds-barred revolt would destroy the nation.)

https://www.chabad.org/library/article_cdo/aid/953558/jewish/The-Four-Factions.htm (emphasis mine)

The Judaisms at the time where generally tolerant; but to “strain the limits of tolerance with respect to Israel’s identifying symbols and boundary markers was to pose a socio-theological threat” … Persecution arises not because a group holds ideas at variance with the norm, but because it does so in ways that threaten social cohesion” Paul most probably saw the early Christians as representing such a threat, and acted as a zealot, “trying to destroy” their groups (Gal 1,13.23)
. . .
Hence the evidence of fervent zeal present in the works of Philo as demonstrated in the present study is interesting for understanding zeal in the first century CE; as such it is also illuminating when considering the nature of the zeal of the young Saul’s persecutions of the early followers of Jesus of Nazareth.

https://www.jstor.org/stable/42614399?read-now=1&refreqid=excelsior%3A0eedbe2137f04ffc7eed4da8013f731c&seq=22#page_scan_tab_contents

In this talk the Sacarii are assumed to be part of the Zealots:

Now, here is a very, very important point. And if you don’t understand this, it’s going to be hard to read the book of Galatians. Christians did not agitate in the Roman Empire. They did not put forward their position to an extent that the Romans would persecute them. The ones who were really the agitators were what were called the Jewish zealots. These Jewish zealots were fierce, like Paul to a certain extent. Even in some ways worse than Paul — were fierce for maintaining the principles of Judaism. There was actually a name for some of them. It was called Sacarii, which is the name of a long knife with a curved blade. This knife was used by these Jewish zealots to actually go into a crowd when there was a great feast and they would just slip that knife into those people who they thought were not holding to the principles of Judaism. And it was a frightening thing. This is the kind of terrorism that we even see today in the Middle East. It seems to be part of the character of the Middle East. But these Jews not only caused trouble in Israel and Palestine but all over the empire. And the Roman Empire in seeing how this agitation was disturbing and causing turmoil in their big cities not only persecuted the Jews but in the process persecuted Christians, as well. And there was this kind of confusion as to what a Christian was. Was he a Jew? Was he a Christian? Jewish Christian? We’re going to see that that confusion was part of the persecution that was significant in the early Christian communities. The emperor you perhaps know in the year 50 expelling the Jews from Rome was Claudius. And Jewish Christians not only were part of the persecution by Romans but — and this is a key point — the Jewish zealots, these Sacarii, were targeting Christians. Because they perceived them as being somewhat Jewish because they were holding to the Old Testament. And yet like Paul because they were no longer believing in circumcision and works of the law, they were considered to be betrayers of the Jewish faith. So here we see a combination of Romans and Jewish zealots persecuting Christians. From 50 until the destruction of the temple in Jerusalem in 70, these Sacarii, these Jewish zealots were causing great difficulties in the church. 

https://media.ctsfw.edu/Item/GetFullText/1213

Interestingly enough, the principles that lead to the rebuilding of the temple relate to things in the teachings of Hillel and later of Jesus.

 

Hillel said: “That which is hateful to you, do not do to your fellow. That is the whole Torah.” Jesus said: “Do unto to others what you would have them do to you, for this sums up the Law and the Prophets.” (Matthew 7:12)


Hillel said: “Pass not judgment upon thy neighbor until thou hast put thyself in his place.” Jesus said, “Do not judge, and you will not be judged. Do not condemn, and you will not be condemned.” (Luke 6:37)


Hillel said: “Whoever would make a name loses the name… whoever makes use of the crown perishes.” Jesus said: Whoever tries to keep his life will lose it, and whoever loses his life will preserve it.” (Luke 32:33)


In addition, several of Hillel’s general attitudes were similar to those of Jesus, for example his openness to discourse with Gentiles, his emphasis on the spirit of the law over the letter of the law, his humility and gentleness of spirit, and his compassion for the poor. This has led some to speculate that Jesus was influenced by the teachings of Hillel, if not directly, at least through the sayings popularized by Hillel’s school.

https://www.newworldencyclopedia.org/entry/Hillel_the_Elder


Abraham Ibn Ezra (1089- 1167), philosopher, poet, biblical commentator, highlights that the remedy that will lead to the restoration of the Temple is stated in the verse “You shall love your fellow as yourself” (Leviticus 19:18).

https://ssrn.com/abstract=3226583 Lessons Learned from the Destruction of Jerusalem and the Second Temple:
How to Truly Make America Great Again, by Hershey H. Friedman

 

Apocalyptic Pharisees, firmly believed that only God could rule over people. They were opposed to violence and preached love and, according to Zeitlin, were the “forerunners of Christianity” (Zeitlin, 1961)

https://ssrn.com/abstract=3226583 Lessons Learned from the Destruction of Jerusalem and the Second Temple:
How to Truly Make America Great Again, by Hershey H. Friedman

 

There is a clear contrast between the house of Shammai, the Zealots/Sicarri, and the people who wanted peace:

Politically, there were Jews that were friendly with Rome, those that were anti-Roman but did not feel that the Jews were strong enough to defeat the Romans, and those that opposed Rome. The Zealots were extremists, who wanted total independence from Rome and were quite willing to go to war; they became active around 6 C.E. The Sicarii used terror tactics and killed anyone who sympathized with Rome. The word sicarii means short dagger in Latin; the Sicarii’s favorite weapon was a short dagger which they concealed in their clothing and used to murder their victims in public places. The Zealots and the Sicarii joined forces to fight the Romans. The rebellion against Rome started in 66 C.E. and ended with the destruction of the Second Temple in 70 C.E. The Shammaites supported the Zealots and did not want to yield to a foreign power (Jastrow and Mendelsohn, 2002).

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3226583

 

The few references to the Sicarii in the Talmud already belong to the period of the war itself. First there is the Mishnah (Makhshirim 1:6): “It once happened that the men of Jerusalem hid their fig-cakes in the water because of the Sicarii, and the sages declared them not susceptible [to ritual uncleanness].” Similarly in Avot de-Rabbi Nathan (7 p. 20, version (b), ed. Schechter, 19452): “When Vespasian came and surrounded Jerusalem… the Sicarii took the initiative and set fire to all the granaries.” In Eccles. R. to 7:12 there is mention of Ben Batiaḥ, “the head of the Sicarii in Jerusalem,” and to the same category of information belongs the story of *Abba Sikra, the leader of the biryonim, the son of the sister of Rabban *Johanan b. Zakkai (Git. 56a).

As is evident from the interchange of Sicarii and Zealots (Kanna’im) in the text of Avot de-Rabbi Nathan, and as one can also infer from the use of the name Sicarii in Acts, it is by no means certain that in the talmudic passages the word necessarily refers to the Fourth Philosophy and to the adherents of the Galilean dynasty. It is possible that the word is sometimes used more flexibly than in Josephus.

https://www.encyclopedia.com/religion/encyclopedias-almanacs-transcripts-and-maps/zealots-and-sicarii

 

In the year 66, Florus, the last Roman procurator, stole vast quantities of silver from the Temple. The outraged Jewish masses rioted and wiped out the small Roman garrison stationed in Jerusalem. Cestius Gallus, the Roman ruler in neighboring Syria, sent in a larger force of soldiers. But the Jewish insurgents routed them as well.

This was a heartening victory that had a terrible consequence: Many Jews suddenly became convinced that they could defeat Rome, and the Zealots’ ranks grew geometrically. Never again, however, did the Jews achieve so decisive a victory.

When the Romans returned, they had 60,000 heavily armed and highly professional troops. They launched their first attack against the Jewish state’s most radicalized area, the Galilee in the north. The Romans vanquished the Galilee, and an estimated 100,000 Jews were killed or sold into slavery.

Throughout the Roman conquest of this territory, the Jewish leadership in Jerusalem did almost nothing to help their beleaguered brothers. They apparently had concluded—too late, unfortunately—that the revolt could not be won, and wanted to hold down Jewish deaths as much as possible.

The highly embittered refugees who succeeded in escaping the Galilean massacres fled to the last major Jewish stronghold—Jerusalem. There, they killed anyone in the Jewish leadership who was not as radical as they. Thus, all the more moderate Jewish leaders who headed the Jewish government at the revolt’s beginning in 66 were dead by 68—and not one died at the hands of a Roman. All were killed by fellow Jews.

https://www.jewishvirtuallibrary.org/the-great-revolt-66-70-ce (emphasis mine)

 

This idea of preventing divisions that Judaism took away from this is pretty well summed up in the general background of the story of the Oven of Akhnai in the Talmud:

There are many different themes in the story of the Oven of Akhnai. In the backdrop of the story is the status of Judaism prior to Rabban Gamaliel and the views that developed among the late Pharisaic or early Rabbinic Jews. During the Second Temple period there existed numerous forms of Judaism. Jewish factions during the Second Temple period harshly denounced one another and sometimes were violent towards each other. Following the destruction of Jerusalem in 70 CE, the Rabbis pondered why the destruction occurred. The Rabbis concluded that the Second Temple was destroyed due to “baseless hate” (Yoma 9b). In their retelling of the destruction, they point to divisions and a lack of empathy for one another.

The Rabbis under Rabban Gamaliel sought to unify Judaism and end wanton sectarianism. Rabban Gamaliel’s school recognized a degree of validity in varying statements, but chose to follow the more lenient philosophy of the school of Hillel. Jewish leaders like Rabban Gamaliel sought to create a cohesive Jewish community where major issues were settled, a system was in place to decide divisive issues, and minor issues could be tolerated. Rejection of this cooperation and an embrace of sectarianism was condemned in the strongest terms. Rabban Gamaliel himself was known to at times be too forceful in humiliating those who formed divisions.

https://en.wikipedia.org/wiki/The_Oven_of_Akhnai#Interpretations

 

As we have already mentioned, Paul uses a comparison of the covenant of Moab with Sinai to refer to different soteriologies in Romans 10:5-10 which quotes from Lev 18:5 and Deut 30:11-14 using it to compare works with faith. I will later argue that Christ being the “end” or “culmination” of the law also fits into this:

1 Brothers and sisters, my heart’s desire and prayer to God for them is that they may be saved. 2 I can testify that they have a zeal for God, but it is not enlightened. 3 For, being ignorant of the righteousness that comes from God, and seeking to establish their own, they have not submitted to God’s righteousness. 4 For Christ is the end of the law so that there may be righteousness for everyone who believes. (Romans 10:1-5)

I think why Paul contrasts works of the law to faith is that “faith” (as it is used) is more of an attitude than an individual set of actions. It’s not our own work that saves but our reverence of God’s commands and hence of God that causes God to save us. This is why Jesus answers with the commandments to someone who asks what he must do to inherit eternal life Mark 10:17-19. Right after he says that he has “kept” all these things, implying there was an understanding that reverencing or guarding the commandments lead to eternal life. Jesus’s response implies he agrees with this. This is the opposite of what Israel did with the law in the past. Keil and Delitzsch comment on the meaning of “faith” in Paul’s quotation from Habakkuk:

(from ‘âman, to be firm, to last) firmness (Exodus 17:12); then, as an attribute of God, trustworthiness, unchangeable fidelity in the fulfilment of His promises (Deuteronomy 32:4; Psalm 33:4; Psalm 89:34); and, as a personal attribute of man, fidelity in word and deed (Jeremiah 7:28; Jeremiah 9:2; Psalm 37:3); and, in his relation to God, firm attachment to God, an undisturbed confidence in the divine promises of grace, firma fiducia and fides, so that in ‘ĕmūnâh the primary meanings of ne’ĕmân and he’ĕmı̄n are combined.. . .It is also indisputably evident from the context that our passage treats of the relation between man and God, since the words themselves speak of a waiting (chikkâh) for the fulfilment of a promising oracle, which is to be preceded by a period of severe suffering. “What is more natural than that life or deliverance from destruction should be promised to that faith which adheres faithfully to God, holds fast by the word of promise, and confidently waits for its fulfilment in the midst of tribulation? It is not the sincerity, trustworthiness, or integrity of the righteous man, regarded as being virtues in themselves, which are in danger of being shaken and giving way in such times of tribulation, but, as we may see in the case of the prophet himself, his faith. To this, therefore, there is appended the great promise expressed in the one word יחיה” (Delitzsch). And in addition to this, ‘ĕmūnâh is opposed to the pride of the Chaldaean, to his exaltation of himself above God; and for that very reason it cannot denote integrity in itself, but simply some quality which has for its leading feature humble submission to God, that is to say, faith, or firm reliance upon God.

https://biblehub.com/commentaries/kad/habakkuk/3.htm

 

This matches up with God requiring them to repent and accept their sin but not to start doing everything perfectly:


40 But if they confess their iniquity and the iniquity of their ancestors, in that they committed treachery against me and, moreover, that they continued hostile to me— 41 so that I, in turn, continued hostile to them and brought them into the land of their enemies; if then their uncircumcised heart is humbled and they make amends for their iniquity, 42 then will I remember my covenant with Jacob; I will remember also my covenant with Isaac and also my covenant with Abraham, and I will remember the land. 43 For the land shall be deserted by them, and enjoy its sabbath years by lying desolate without them, while they shall make amends for their iniquity, because they dared to spurn my ordinances, and they abhorred my statutes. 44 Yet for all that, when they are in the land of their enemies, I will not spurn them, or abhor them so as to destroy them utterly and break my covenant with them; for I am the Lord their God; 45 but I will remember in their favor the covenant with their ancestors whom I brought out of the land of Egypt in the sight of the nations, to be their God: I am the Lord.
46 These are the statutes and ordinances and laws that the Lord established between himself and the people of Israel on Mount Sinai through Moses.

(Lev 26:14-46)

 

Summary:

A. “Flesh” is the zealot ideology that Paul clearly refers to himself being in at one time persecuting those of the spirit
B. “Spirit” is a focus heavenly things and not on earthly things like wars and power struggles. Jesus contrasts his kingdom of heaven with a kingdom of this world. The kingdom of heaven was a Hillelite slogan against the kingdom of flesh and blood by the zealots:

Jesus answered, “My kingdom is not from this world. If my kingdom were from this world, my followers would be fighting to keep me from being handed over to the Jews. But as it is, my kingdom is not from here.” (John 18:36) (emphasis mine)

In addition, Jesus previously has associated those of the “spirit” with his kingdom. In the literature around the time this is associated with followers of Hillel and being opposed to a violent overthrow of the Roman empire which could only result in a kingdom of “flesh and blood”

3 Jesus answered him, “Very truly, I tell you, no one can see the kingdom of God without being born from above.” 4 Nicodemus said to him, “How can anyone be born after having grown old? Can one enter a second time into the mother’s womb and be born?” 5 Jesus answered, “Very truly, I tell you, no one can enter the kingdom of God without being born of water and Spirit. 6 What is born of the flesh is flesh, and what is born of the Spirit is spirit. 7 Do not be astonished that I said to you, ‘You must be born from above.’ (John 3:3-7)

The word for “world” he uses “kosmos” in the Greek has the sense of “world system” as well as other things like “evil age” in the following diagram:

While the corresponding Hebrew has the idea of military or wealth:

C. “the letter” (of the law) not mentioned here but “the letter” is used in opposition to “the spirit” of the law in 2 Corinthians 3:6 and Romans 7:6. The letter of the law is in reference to the school of Shammai.

D. “Faith” and “works” are two different ways of relating God and salvation. “Faith” cannot be completely different than “guarding the commandments” since Jesus says this leads to salvation in (Mattthew 19:16-19) but rather is a different way of relating to God and salvation. More will follow on this in the following section.

4. The Meaning of “Under the Law”

Paul did not view being obligated to follow the law as the same as being under the law. Here he claims that he is not under the law but still with the law. Hence he won’t have to face the consequences or penalty of the law but still believes he should follow the law:

20 To the Jews I became as a Jew, in order to win Jews. To those under the law I became as one under the law (though I myself am not under the law) so that I might win those under the law. 21 To those outside the law I became as one outside the law (though I am not free from God’s law but am under Christ’s law) so that I might win those outside the law. (1 Corinthians 9:20-21)

In fact, if “under the law” means “required to follow the law” then Jesus contradicts Paul.

17 As he was setting out on a journey, a man ran up and knelt before him, and asked him, ‘Good Teacher, what must I do to inherit eternal life?’ 18 Jesus said to him, ‘Why do you call me good? No one is good but God alone. 19 You know the commandments: “You shall not murder; You shall not commit adultery; You shall not steal; You shall not bear false witness; You shall not defraud; Honour your father and mother.”’ (Mark 10:17-22)

25 Just then a lawyer stood up to test Jesus. ‘Teacher,’ he said, ‘what must I do to inherit eternal life?’ 26 He said to him, ‘What is written in the law? What do you read there?’ 27 He answered, ‘You shall love the Lord your God with all your heart, and with all your soul, and with all your strength, and with all your mind; and your neighbour as yourself.’ 28 And he said to him, ‘You have given the right answer; do this, and you will live.’ (Luke 10:25-28)

Matthew includes the statement “which ones” however this is related to the weight of commands and not an abrogation of them since Mathew 5:17-19 talks about none of the commands passing away:

16 Then someone came to him and said, “Teacher, what good deed must I do to have eternal life?” 17 And he said to him, “Why do you ask me about what is good? There is only one who is good. If you wish to enter into life, keep the commandments.” 18 He said to him, “Which ones?” And Jesus said, “You shall not murder; You shall not commit adultery; You shall not steal; You shall not bear false witness; 19 Honor your father and mother; also, You shall love your neighbor as yourself.” 20 The young man said to him, “I have kept all these; what do I still lack?” 21 Jesus said to him, “If you wish to be perfect, go, sell your possessions, and give the money to the poor, and you will have treasure in heaven; then come, follow me.” 22 When the young man heard this word, he went away grieving, for he had many possessions. (Matthew 19:16-22 NRSV)

One resolution to this apparent contradiction is that Jesus was meaning to say that keeping the law 100% is impossible and said “If you want to enter life, keep the commandments” to the rich young ruler as sort of a reductio ad absurdum.

This is necessary if you believe that “under the law” and “with the law” are the same because of what Paul says in Galatians:

15 We ourselves are Jews by birth and not Gentile sinners; 16 yet we know that a person is justified not by the works of the law but through faith in Jesus Christ. And we have come to believe in Christ Jesus, so that we might be justified by faith in Christ, and not by doing the works of the law, because no one will be justified by the works of the law. 17 But if, in our effort to be justified in Christ, we ourselves have been found to be sinners, is Christ then a servant of sin? Certainly not! 18 But if I build up again the very things that I once tore down, then I demonstrate that I am a transgressor. 19 For through the law I died to the law, so that I might live to God. I have been crucified with Christ; 20 and it is no longer I who live, but it is Christ who lives in me. And the life I now live in the flesh I live by faith in the Son of God, who loved me and gave himself for me. 21 I do not nullify the grace of God; for if justification comes through the law, then Christ died for nothing.(Galatians 2:15-21 NRSV)

One problem I have with this idea is that I don’t think it was ever expected for people to keep the law perfectly–there was atonement given in the law itself. Also, many people are called “righteous” or even “blameless” in the Bible. Paul calls himself “blameless” with regards to the law Philippians 3:6, Zechariah and Elizabeth are called “blameless” with regards to the law as well: Luke 1:6, God tells Abraham to be “blameless” and he will establish his covenant with him: https://studybible.info/interlinear/Genesis%2017:1-2 or “perfect”/”complete” in the corresponding Hebrew https://www.blueletterbible.org/lang/lexicon/lexicon.cfm?Strongs=H8549&t=KJV I think these statements are either hyperbole or an assertion that they had done all the discrete works in the law commanded of them–but my point is that it is reasonable for the rich young ruler to assert that he “kept” https://studybible.info/search-interlinear/strongs/G5442 the commandments. “kept” doesn’t even rise to the level of being “blameless” but just to “value” or “guard.”

In addition, the idea of salvation by works doesn’t even occur in Judaism around this time (Paul and Palestinian Judaism: A Comparison of Patterns of Religion [Sanders, E. P.]) However, some Jews did have the idea that certain physical acts or rituals of purity would set them apart from the nations and allow God to recognize them as his people–enabling God to give them grace. Jesus doesn’t seem to be addressing that misconception here in Matthew since the “love your neighbor” command Jesus gives actually corresponds with:

By this everyone will know that you are my disciples, if you have love for one another. (John 13:35)

You shall keep my statutes and my ordinances; by doing so one shall live: I am the Lord. (Lev 18: 1-5)

See, I have set before you today life and prosperity, death and adversity. (Deuteronomy 30:15)

I don’t see loving each other as merely a work–otherwise you could be recognized as a disciple of Christ by a mere work. “love your neighbor” is also not a discrete set of works you can do–so I don’t think Jesus is addressing the issue of salvation by works. Jesus also tells him to give up his possessions which is not in the law–so it doesn’t seem like he is causing him to become aware that he is guilty under the law–Jesus shows him that he can’t do the thing that will make him “complete” or “fully grown” as he states: https://studybible.info/strongs/G5046

For more information see this article:

https://hebrewroots.communes.org/2020/07/19/paradoxes-of-poverty-and-salvation/

In addition, it is also stated that Israel would eventually keep the law:


6 Moreover, the Lord your God will circumcise your heart and the heart of your descendants, so that you will love the Lord your God with all your heart and with all your soul, in order that you may live. 7 The Lord your God will put all these curses on your enemies and on the adversaries who took advantage of you. 8 Then you shall again obey the Lord, observing all his commandments that I am commanding you today, 9 and the Lord your God will make you abundantly prosperous in all your undertakings, in the fruit of your body, in the fruit of your livestock, and in the fruit of your soil. For the Lord will again take delight in prospering you, just as he delighted in prospering your ancestors, 10 when you obey the Lord your God by observing his commandments and decrees that are written in this book of the law, because you turn to the Lord your God with all your heart and with all your soul.
11 Surely, this commandment that I am commanding you today is not too hard for you, nor is it too far away. 12 It is not in heaven, that you should say, “Who will go up to heaven for us, and get it for us so that we may hear it and observe it?” 13 Neither is it beyond the sea, that you should say, “Who will cross to the other side of the sea for us, and get it for us so that we may hear it and observe it?” 14 No, the word is very near to you; it is in your mouth and in your heart for you to observe.

(Deut 30:6-14)


Even in the old testament they were supposed to be under grace: Daniel 9:18; Gen. 6:8; Ex. 33:12, 17; Judges 6:17f; Jer. 31:2. All of Paul’s arguments about “faith” are in fact from Genesis about Abraham or from Habakkuk.

There are many people referred to as righteous in the old testament even though Paul says that no one is justified by law. So I don’t think it makes sense to say that they were ever expected to do everything in the law perfectly all the time or that a proper reading of the Torah would ever lead you to the idea that doing some of the law as an individual would lead to salvation.

So there are a lot of problems with “under the law” meaning “required to do the law.” Under the law means subject to the penalty for sin by the law–which falls on everyone because Paul is referring to people groups as a whole and Israel broke Sinai while the gentiles committed idolatry in Romans 1. Paul says in Romans 3 that the following passages charge Jews and Gentiles with being “under sin” 

1 Therefore you have no excuse, whoever you are, when you judge others; for in passing judgment on another you condemn yourself, because you, the judge, are doing the very same things. 2 You say, “We know that God’s judgment on those who do such things is in accordance with truth.” 3 Do you imagine, whoever you are, that when you judge those who do such things and yet do them yourself, you will escape the judgment of God? . . . 

9 There will be anguish and distress for everyone who does evil, the Jew first and also the Greek, 10 but glory and honor and peace for everyone who does good, the Jew first and also the Greek. 11 For God shows no partiality. 12 All who have sinned apart from the law will also perish apart from the law, and all who have sinned under the law will be judged by the law. (Romans 2:1-9)

14 When Gentiles, who do not possess the law, do instinctively what the law requires, these, though not having the law, are a law to themselves. 15 They show that what the law requires is written on their hearts, to which their own conscience also bears witness; and their conflicting thoughts will accuse or perhaps excuse them 16 on the day when, according to my gospel, God, through Jesus Christ, will judge the secret thoughts of all. (Romans 2:14-16)

25 Circumcision indeed is of value if you obey the law; but if you break the law, your circumcision has become uncircumcision.
. . . 
28 For a person is not a Jew who is one outwardly, nor is true circumcision something external and physical. (Romans 3:25-28)
. . .  

He then asks what advantage the Jews have if they sinned like the Gentiles and quotes from Psalm 51 about asking God to have mercy because of inherent sin. This matches with Sinai being broken for all Israel from the time of birth like in Galatians it says Jesus was “born under law”

1 Have mercy on me, O God,
according to your steadfast love;
according to your abundant mercy
blot out my transgressions.
2 Wash me thoroughly from my iniquity,
and cleanse me from my sin.

3 For I know my transgressions,
and my sin is ever before me.
4 Against you, you alone, have I sinned,
and done what is evil in your sight,
so that you are justified in your sentence
and blameless when you pass judgment.
5 Indeed, I was born guilty,
a sinner when my mother conceived me. (Psalm 51:1-5)

Paul then asks what advantage has the Jew if they all are under sin, and the answer he has is that they know the law which shows he is not making an anti-nomian argument:

1 Then what advantage has the Jew? Or what is the value of circumcision? 2 Much, in every way. For in the first place the Jews were entrusted with the oracles of God. 3 What if some were unfaithful? Will their faithlessness nullify the faithfulness of God? 4 By no means! Although everyone is a liar, let God be proved true, as it is written,

“So that you may be justified in your words,
and prevail in your judging.”

5 But if our injustice serves to confirm the justice of God, what should we say? That God is unjust to inflict wrath on us? (I speak in a human way.) 6 By no means! For then how could God judge the world? 7 But if through my falsehood God’s truthfulness abounds to his glory, why am I still being condemned as a sinner? 8 And why not say (as some people slander us by saying that we say), “Let us do evil so that good may come”? Their condemnation is deserved! (Romans 3:1-8)

Comparing this with Romans 3:9 we see this is about charging Jews and Gentiles as being under the power of sin. In addition afterwards in Romans 3:10-23 says that being under the law is being under sin (specifically compare v. 9 with v. 19) So we have a “power of sin” sandwich with “under the law” for bread. This clearly means that being under law is being under sin and hence the penalty of the law for sin which the previous passages have already made clear. This fits the idea of sin bringing death because Israel broke the covenant which promised life because of idolatry, compare the following:

9 What then? Are we better than they? Not at all. For we have previously charged both Jews and Greeks that they are all under sin.

10 As it is written:

“There is none righteous, no, not one;
11 There is none who understands;
There is none who seeks after God.
12 They have all turned aside;
They have together become unprofitable;
There is none who does good, no, not one.”
13 “Their throat is an open tomb;
With their tongues they have practiced deceit”;
“The poison of asps is under their lips”;
14 “Whose mouth is full of cursing and bitterness.”
15 “Their feet are swift to shed blood;
16 Destruction and misery are in their ways;
17 And the way of peace they have not known.”
18 “There is no fear of God before their eyes.”

19 Now we know that whatever the law says, it says to those who are under the law, that every mouth may be stopped, and all the world may become guilty before God. 20 Therefore by the deeds of the law no flesh will be justified in His sight, for by the law is the knowledge of sin.

21 But now the righteousness of God apart from the law is revealed, being witnessed by the Law and the Prophets, 22 even the righteousness of God, through faith in Jesus Christ, to all and on all who believe. For there is no difference; 23 for all have sinned and fall short of the glory of God, 24 being justified freely by His grace through the redemption that is in Christ Jesus, 25 whom God set forth as a propitiation by His blood, through faith, to demonstrate His righteousness, because in His forbearance God had passed over the sins that were previously committed,(Romans 3:9-23)

“. . . the house of Israel and the house of Judah have broken the covenant that I made with their ancestors” (Jer 11:10)

“She saw that for all the adulteries of that faithless one, Israel, I had sent her away with a decree of divorce; yet her false sister Judah did not fear, but she too went and played the whore.” (Jer 3:8)

2 Speak to the people of Israel and say to them: I am the Lord your God. 3 You shall not do as they do in the land of Egypt, where you lived, and you shall not do as they do in the land of Canaan, to which I am bringing you. You shall not follow their statutes. 4 My ordinances you shall observe and my statutes you shall keep, following them: I am the Lord your God. 5 You shall keep my statutes and my ordinances; by doing so one shall live: I am the Lord. (Lev 18: 1-5)

See, I have set before you today life and prosperity, death and adversity. (Deuteronomy 30:15)

This fits with the idea of “result” or “penalty” of the law if we have the idea that sin results in death. Other examples follow where Paul seems to be almost equating under law and under sin, at the very least “under law” must lead to being “under sin” and vice versa since he has stated the whole world is under sin. In this next paragraph we can that Paul parallels living under law with being under sin and contrasts that with grace. If the law was no longer in effect there would be no need for grace. (Romans 4:15, Romans 5:13) However he is also talking to believers. If being “not under law” meant that some of the law is done away Paul is introducing a double standard for some people. This distinction wouldn’t make sense since all the people he is writing to believe in Christ. Paul even refers to sin here as “lawlessness.” Clearly Christ is parallel with not sinning and not being under the curses of sin rather than not having any sort of law. If there was no law there would be no need to redeem us from since where there is no law sin is not accounted. Also, note Paul here is mixing together the idea of being redeemed from the curse of the law and also being made righteous. This is the analogy of Israel’s journey to righteousness with the new covenant applied to individuals (which we will discuss later).

5 For if we have been united with him in a death like his, we will certainly be united with him in a resurrection like his. 6 We know that our old self was crucified with him so that the body of sin might be destroyed, so we might no longer be enslaved to sin. 7 For whoever has died is freed from sin. 8 But if we died with Christ, we believe that we will also live with him. 9 We know that Christ, being raised from the dead, will never die again; death no longer has dominion over him. 10 The death he died, he died to sin once for all, but the life he lives, he lives to God. 11 So you also must consider yourselves dead to sin and alive to God in Christ Jesus.12 Therefore do not let sin reign in your mortal bodies, so that you obey their desires. 13 No longer present your members to sin as instruments of unrighteousness, but present yourselves to God as those who have been brought from death to life, and present your members to God as instruments of righteousness. 14 For sin will have no dominion over you, since you are not under law but under grace. 15 What then? Should we sin because we are not under law but under grace? By no means! 16 Do you not know that, if you present yourselves to anyone as obedient slaves, you are slaves of the one whom you obey, either of sin, which leads to death, or of obedience, which leads to righteousness? 17 But thanks be to God that you who were slaves of sin have become obedient from the heart to the form of teaching to which you were entrusted 18 and that you, having been set free from sin, have become enslaved to righteousness. 19 I am speaking in human terms because of your limitations. For just as you once presented your members as slaves to impurity and lawlessness, leading to even more lawlessness, so now present your members as slaves to righteousness, leading to sanctification. 20 When you were slaves of sin, you were free in regard to righteousness. 21 So what fruit did you then gain from the things of which you now are ashamed? The end of those things is death. 22 But now that you have been freed from sin and enslaved to God, the fruit you have leads to sanctification, and the end is eternal life. 23 For the wages of sin is death, but the free gift of God is eternal life in Christ Jesus our Lord. (Romans 6:1-23)

Here again he is talking about making Israel righteous through the new covenant (which the promises of Abraham alluded to)

21 Is the law then opposed to the promises of God? Certainly not! For if a law had been given that could make alive, then righteousness would indeed come through the law. 22 But the scripture has imprisoned all things under the power of sin, so that what was promised through faith in Jesus Christ might be given to those who believe. 23 Now before faith came, we were imprisoned and guarded under the law until faith would be revealed. 24 Therefore the law was our disciplinarian until Christ came, so that we might be justified by faith (Gal 3:21-25)

 

7 What then should we say? That the law is sin? By no means! Yet, if it had not been for the law, I would not have known sin. I would not have known what it is to covet if the law had not said, “You shall not covet.” 8 But sin, seizing an opportunity in the commandment, produced in me all kinds of covetousness. Apart from the law sin lies dead. 9 I was once alive apart from the law, but when the commandment came, sin revived 10 and I died, and the very commandment that promised life proved to be death to me. 11 For sin, seizing an opportunity in the commandment, deceived me and through it killed me. 12 So the law is holy, and the commandment is holy and just and good.

13 Did what is good, then, bring death to me? By no means! It was sin, working death in me through what is good, in order that sin might be shown to be sin, and through the commandment might become sinful beyond measure.

14 For we know that the law is spiritual; but I am of the flesh, sold into slavery under sin. 15 I do not understand my own actions. For I do not do what I want, but I do the very thing I hate. 16 Now if I do what I do not want, I agree that the law is good. 17 But in fact it is no longer I that do it, but sin that dwells within me. 18 For I know that nothing good dwells within me, that is, in my flesh. I can will what is right, but I cannot do it. 19 For I do not do the good I want, but the evil I do not want is what I do. 20 Now if I do what I do not want, it is no longer I that do it, but sin that dwells within me. (Romans 7:7-20)

10 For all who rely on the works of the law are under a curse; for it is written, “Cursed is everyone who does not observe and obey all the things written in the book of the law.” 11 Now it is evident that no one is justified before God by the law; for “The one who is righteous will live by faith.” 12 But the law does not rest on faith; on the contrary, “Whoever does the works of the law will live by them.” 13 Christ redeemed us from the curse of the law by becoming a curse for us—for it is written, “Cursed is everyone who hangs on a tree”— (Galatians 3:10-13)

There were provisions in the law for sacrifices to cover transgressions of it–so transgressions alone wouldn’t mean that they broke the covenant as a whole people. However,–I think–that they broke it by not continuing to reverence or guard it over all:

14 But if you will not obey me, and do not observe all these commandments, 15 if you spurn my statutes, and abhor my ordinances, so that you will not observe all my commandments, and you break my covenant, 16 I in turn will do this to you: I will bring terror on you; consumption and fever that waste the eyes and cause life to pine away. You shall sow your seed in vain, for your enemies shall eat it. (Lev 26:14-16)

For “under” in “under the law” I actually get my interpretation of “under” from Maccabees 7:36 which talks about the results of God’s covenant “everlasting life” this might seem opposite to how Paul uses “under the law”–but the difference is that Maccabees is referring to the whole law including Abraham and Moab which promised to fix Israel’s transgressions return them to the land and give them life.


Here I give some of my sources for the meaning of “under the law” and show that “under” can be interpreted in various ways depending upon what is metaphorically “on top” therefore I think Maccabees 7:36 comes closest to “law” with “covenant” that I could find. For example let’s look at Galatians 4:21

Tell me, ye who are willing to be under G5259 law, the law do ye not hear? (Gal 4:21 YLT)

For “under G5259 law G3551” Paul earlier compares “works of the law”–which is an Essene teaching that one could be justified by keeping certain laws–to the work of Christ. Paul argues against “works of the law” and contrasts it with faith in many different places. Gesenius connects H8478 to G5259 “under” in Greek and lists places when it can be used to designate being under to “authority” for instance “under her husband” means “under the authority of her husband”

Gesenius says:

Prep. below, beneath, under (ὑπό) . . . Of a woman it is said, she commits whoredom, adultery, under her husband, Nu. 5:19; Eze. 23:5, i.e. she commits whoredom who ought to obey the authority of her husband.

https://www.blueletterbible.org/lang/lexicon/lexicon.cfm?Strongs=H8478&t=KJV

 

In addition Luke 7:8 and Matthew 8:9 clearly make this connection of being “under” someone to being “under the authority of” someone.

8 For I also am a man set under G5259 authority, G1849 with soldiers under G5259 me; and I say to one, ‘Go,’ and he goes, and to another, ‘Come,’ and he comes, and to my slave, ‘Do this,’ and the slave does it.” (Luke 7:8 New Revised Standard Version)

9 For I also am a man under G5259 authority, G1849 with soldiers under G5259 me; and I say to one, ‘Go,’ and he goes, and to another, ‘Come,’ and he comes, and to my slave, ‘Do this,’ and the slave does it.” (Matthew 8:9 New Revised Standard Version)

Gesenius gives Nu. 5:19 and Eze. 23:5 as examples which both have the context of punishment for the wrong-doing while “under” the husband.

19 Then the priest shall make her take an oath, saying, “If no man has lain with you, if you have not turned aside to uncleanness while under your husband’s authority, be immune to this water of bitterness that brings the curse. (Numbers 5:19 NRSV)

19 `And the priest hath caused her to swear, and hath said unto the woman, If no man hath lain with thee, and if thou hast not turned aside [to] uncleanness under thy husband, be free from these bitter waters which cause the curse;(Num 5:19 YLT)

19 And [3shall adjure 4her 1the 2priest], and he shall say to the woman, If no one has gone to bed with you, if you have not violated to be defiled being under [2husband 1your own], be innocent from [2by the 3water 4of rebuke 1this accursing]! (Num 5:19 ABP)

Gesenius’s usage in Ezekiel 23 may relate to “consequences” or “power” from doing something while “under” an authority

5 And go a-whoring doth Aholah under Me, And she doteth on her lovers, On the neighbouring Assyrians, (Ezekiel 23:5 YLT)

5 And Aholah fornicated from me, and doted upon her lovers, upon the Assyrians being next to her; (Ezekiel 23:5 ABP)

However, what does it mean to be “under authority?” If we go with this meaning I would suggest it means close to “under power” which is actually the first listed meaning for the word “authority” used in Luke 7:8 and Matthew 8:9 “under G5259 authority, G1849 with soldiers under G5259 me”

G1849

ἐξουσία,-ας+ N1F 0-1-0-39-39=79
2 Kgs 20,13; Ps 113(114),2; 135 (136),8.9; Prv 17,14
power, authority 1 Ezr 4,28; control over [τινος] Ps 135(136),8; permission [+inf.] 1 Mc 11,58; office,
magistracy Dn 3,2; ἐξουσίαι (the) authorities (personification of invisible, angelic powers) DnLXX
7,27
see ἀρχή
Cf. CARAGOUNIS 1986 68-70 (DnLXX 7,27); HORSLEY 1982 83-84; SCHOLTISSEK 1993, 85-88;
→NIDNTT; TWNT

http://www.glasovipisma.pbf.rs/phocadownload/knjige/greek%20lexicon%20for%20the%20septuagint.pdf

 

In addition, the usage of this word in the new testament seems to fit better with “power” than plain “authority.” See Usage of “authority” (G1849):

https://www.blueletterbible.org/lang/lexicon/lexicon.cfm?Strongs=G1849&t=KJV

After all, what good is authority if you don’t have the power to carry it out? The meaning of “under” seems to depend on what is metaphorically on top.

Compare the following usages of “under” with alternate translations, it seems the meaning of “under” is related to what is metaphorically on top, see the following. I have decided that “under covenant” is the closest parallel to “under law” and is in the book of Maccabees:

Gen 9:2:

2 And the fear of you and trembling will be upon all the wild beasts of the earth, upon all the winged creatures of the heaven, and upon all the things moving upon the earth, and upon all the fishes of the sea. Under your hands I have given them to you. (Gen 9:2 ABP)

2 The fear and dread of you shall rest on every animal of the earth, and on every bird of the air, on everything that creeps on the ground, and on all the fish of the sea; into your hand they are delivered. (Gen 9:2 NRSV)

Esther 8:13:

. . . to the future, that we may maintain the government in undisturbed peace for all men, adopting [needful] changes, and ever judging those cases which come under [our] notice, with truly equitable decision. . . . (Esther 8:13 Brenton Translation of the Septuagint)

. . . In the future we will take care to render our kingdom quiet and peaceable for all, by changing our methods and always judging what comes before our eyes with more equitable consideration. . . (Esther 8:13 NRSVACE)

Bar 1:12:

And the Lord will give us strength, and lighten our eyes, and we shall live under the shadow of Nabuchodonosor king of Babylon, and under the shadow of Balthasar his son, and we shall serve them many days, and find favour in their sight. (Baruch 1:12 Brenton Septuagint Translation)

The Lord will give us strength, and light to our eyes; we shall live under the protection of King Nebuchadnezzar of Babylon, and under the protection of his son Belshazzar, and we shall serve them for many days and find favour in their sight. (Bar 1:12 NRSVACE)

2 Maccabees 7:36:

36 For our brothers after enduring a brief suffering have drunk of ever-flowing life, under God’s covenant; but you, by the judgment of God, will receive just punishment for your arrogance. (2 Maccabees 7:36 NRSVACE)

For our brethren, who now have suffered a short pain, are dead under God’s covenant of everlasting life: but thou, through the judgment of God, shalt receive just punishment for thy pride. (2 Maccabees 7:36 Brenton Septuagint Translation)

Deuteronomy 33:3:

3 And he spared his people, and all the ones being sanctified by your hands; these [2under 3you 1are]; and he received of his words (Deuteronomy 33:3 ABP)

3 Indeed, O favorite among peoples,
all his holy ones were in your charge;
they marched at your heels,
accepted direction from you. (Deuteronomy 33:3 NRSV)

3 Also He [is] loving the peoples; All His holy ones [are] in thy hand, And they — they sat down at thy foot, [Each] He lifteth up at thy words. (Deuteronomy 33:3 YLT)

Esther 3:6:

6 But he thought it beneath him to lay hands on Mordecai alone. So, having been told who Mordecai’s people were, Haman plotted to destroy all the Jews, the people of Mordecai, throughout the whole kingdom of Ahasuerus. (Esther 3:6 NRSV)

6 And he took counsel to remove all [2under 3the 5of Artaxerxes 4kingdom 1the Jews]. (Esther 3:6 ABP)

6 and it is contemptible in his eyes to put forth a hand on Mordecai by himself, for they have declared to him the people of Mordecai, and Haman seeketh to destroy all the Jews who [are] in all the kingdom of Ahasuerus — the people of Mordecai. (Esther 3:6 YLT)

6 and took counsel to destroy utterly all the Jews who were under the rule of Artaxerxes. (Esther 3:6 Brenton)

 

The closest I could find to being under “law” in the Greek Septuagint was in 2 Maccabees 7:36 which speaks of dying “under (God’s) covenant” i.e. ὑπὸ διαθήκην (θεοῦ). The result or consequence of dying while “under God’s covenant” is “everlasting life.”


hypó, hoop-o’; G5259 example usage in the Septuagint:

For our brethren, who now have suffered a short pain, are dead under God’s covenant of everlasting life: but thou, through the judgment of God, shalt receive just punishment for thy pride. (2 Maccabees 7:36 Brenton Septuagint Translation)

36 For our brothers after enduring a brief suffering have drunk of ever-flowing life, under God’s covenant; but you, by the judgment of God, will receive just punishment for your arrogance. (2 Maccabees 7:36 NRSV)

 

ὑπό+ P 61-42-43-140-212=498
Gn 9,2; 16,9; 18,4.8; 19,8
[τινος]: by (with a pass. verbal form indicating the agent) Gn 26,29; from Ps 73(74),22; under, in (indicating reason) Jb 30,4; under Jb 8,16

[τι, τινα]: under (with verb of motion) 1 Mc 6,46; under (place) Gn 18,8; under, at the foot of Ex 24,4; under (in geogr. sense) Dt 3,17; beyond Ex 3,1; about (time) Jos 5,2; little before Jon 4,10; in the course of, during 3 Mc 7,12; under (as subordination) 1 Ezr 3,1; under, in the hand of 2 Mc 3,6; under (reason) Ex 23,5 ὑπὸ τὸν οὐρανόν under heaven, on earth Ex 17,14; ὑπὸ τὴν ὄψιν under (our) notice Est 8,12i; ὑπὸ χεῖρας in (your) hands Gn 9,2; ὑπὸ τὴν σκιάν in the shadow Bar 1,12; ὑπὸ διαθήκην (θεοῦ) under (God’s) covenant 2 Mc 7,36; ὑπὸ φόρον under tribute 1 Mc 8,2; ὑπὸ καιρόν within the space of one day 2 Mc 7,20; ὑφ’ ἕν at one stroke Wis 12,9
Cf. DORIVAL 1994, 56; JOHANNESSOHN 1910 1-82; 1926 174-184; →NIDNTT

http://www.glasovipisma.pbf.rs/phocadownload/knjige/greek%20lexicon%20for%20the%20septuagint.pdf

Summary: Paul says not being under the law is not the same as being without the law, he also says all who under the law are under the penalty of the law for sin. Israel was always under grace in the old testament and has prophecies to have God help them “keep” the law. There is nothing that Paul is saying to contradict this and there are many problems with the idea that Jesus was issuing a reductio ad absurdem for not being able to follow the law perfectly–rather he was just saying to keep/guard the commandments. To say that he is contradicts with what we know about first century Judaism and what is said in the old testament, while to say that under the law is the same as obligated to follow the law introduces a contradiction between Jesus and Paul. There are serious problems with all the views presented except for the idea of “under the law” meaning “under the result” or “under the penalty” of the law. This has been positively argued for with the only parallel I have found of under “law” or covenant in Maccabees. In addition “under covenant” fits with Paul’s usage of “under law” in that he is speaking of the specific covenant of Sinai.

5. What is “Works of the Law?”

It is a concept related to Essene teaching that you were justified by certain acts of following the law mostly related to ideas of purity. However, (in Essene thought) the acts of purity would distinguish you from the nations and allow God to save you by grace. Judaism mostly did not believe in salvation by works (see E. P. Sanders “Paul and Palestinian Judaism”) but in your works distinguishing you from the nations and allowing God to save you. Paul seems to argue this is basically the same thing as works:

Now to him who works, the wages are not counted as grace but as debt. But to him who does not work but believes on Him who justifies the ungodly, his faith is accounted for righteousness,

(Romans 4:4-5)

 

“The topic of the work is reflected in the phrase tohorat haqodesh, “the purity of the holy.” Stated simply: “Do not allow the holy to be profaned by what is impure.”

“The issues include bringing Gentile corn into the Temple, the presentation of Gentile offerings, and the cooking of sacrificial meat in unfit (impure) vessels. Other rulings concern cleansing of lepers, admitting the blind and the deaf into the Temple; and permitting intermarriage with Ammonite and Moabite converts, long forbidden to enter the congregation of Israel (Deuteronomy 23:3). Other issues involve the transmission of impurity by a flow of water (musaq), the intermixture of wool and linen (sha‘atnez), plowing with diverse animals (qilayyim) and perhaps the climax of the discussion: the intermarriage of priests with the common people.

“Most of the rulings espoused by the author of MMT are based directly upon Biblical law (for example, the prohibition against plowing with unlike animals in Deuteronomy 22:10). A few others are interpretations or amplifications of Mosaic prescriptions (for example, bans on Gentile offerings and dogs in the Temple). The list clearly reflects a conservative reaction against a relaxation of Torah precepts.”

http://www.sabbathreformation.com/article-paul-works-of-the-law-and-mmt-118800746.html

 

1) Paul’s έργων νόμου “works of the law,” Rom. 3:20, 28; Gal. 2:16 [trs]; 3:2, 5 10) is likely a translation of מעשי התורה, found in all of ancient Hebrew literature only at 4QMMT C 27 (4Q398 14-17 ii 3). . . .

2) 4QMMT C 27 also echoes the languages of Gal. 3:6b where Paul quotes Gen 15:6 and argues that righteousness is reckoned on the bases of faith. The Qumran writer posits righteousness on the bases of works of the law.

https://www.jstor.org/stable/4193122 (pg. 1)


In addition it appears highly likely that Paul was reacting to a position that was espoused in 4QMMT by the Qumran covenanters, namely, that a person was reckoned righteous by keeping “works of the law.“

https://www.jstor.org/stable/4193122 (pg.2)

 

Paul is not against works but against works for the purpose of salvation through identity. Also interestingly Dunn agrees with the idea that Paul is speaking of a subset of the law which included circumcision:

Dunn provides a coherent framework for both Paul’s positive statements about the law and his negative statements. It was not the law itself which Paul criticized, but rather its misuse as a social barrier. This misuse of the law is what Paul means by the term “the works of the law”:

‘Works of law’, ‘works of the law’ are nowhere understood here, either by his Jewish interlocutors or by Paul himself, as works which earn God’s favor, as merit-amassing observances. They are rather seen as badges: they are simply what membership of the covenant people involves, what mark out the Jews as God’s people;…in other words, Paul has in view precisely what Sanders calls ‘covenantal nomism.’ And what he denies is that God’s justification depends on ‘covenantal nomism,’ that God’s grace extends only to those who wear the badge of the covenant.

The “badges” or “works” particularly at issue were those of circumcision and food laws, not simply human efforts to do good. The ramifications of this observation for traditional Protestantism are far-reaching:

More important for Reformation exegesis is the corollary that ‘works of the law’ do not mean ‘good works’ in general, ‘good works’ in the sense disparaged by the heirs of Luther, works in the sense of achievement….In short, once again Paul seems much less a man of sixteenth-century Europe and much more firmly in touch with the reality of first-century Judaism than many have thought.

Dunn also emphasizes the ramifications for the traditional dichotomy between faith and works:

We should not let our grasp of Paul’s reasoning slip back into the old distinction between faith and works in general, between faith and ‘good works’. Paul is not arguing here for a concept of faith which is totally passive because it fears to become a ‘work’. It is the demand for a particular work as the necessary expression of faith which he denies.

https://academic.logos.com/a-summary-of-the-new-perspective-on-paul/

 

You can see an example of how works of law and flesh is contrasted with works to righteousness, faith, spirit, promise, freedom, or salvation. This has already been apparent from previous quotations but may be worth going over with this new focus:

10 For all who rely on the works of the law are under a curse; for it is written, “Cursed is everyone who does not observe and obey all the things written in the book of the law.” 11 Now it is evident that no one is justified before God by the law; for “The one who is righteous will live by faith.” 12 But the law does not rest on faith; on the contrary, “Whoever does the works of the law will live by them.” 13 Christ redeemed us from the curse of the law by becoming a curse for us—for it is written, “Cursed is everyone who hangs on a tree”— 14 in order that in Christ Jesus the blessing of Abraham might come to the Gentiles, so that we might receive the promise of the Spirit through faith. (Gal 3:10-14 NKJV)

Here Paul sets up the analogy of Galatians 4 by first saying that God’s covenant cannot be annulled which would include the law. It is interesting that a lot of people view Paul as saying the old covenant is done away with when Paul actually uses a kal vachomer argument to say that if a covenant by man cannot be annulled then a covenant by God certainly cannot be annulled:

15 To give a human example, brothers: even with a man-made covenant, no one annuls it or adds to it once it has been ratified. . . . the law, which came 430 years afterward, does not annul a covenant previously ratified by God, so as to make the promise void. 18 For if the inheritance comes by the law, it no longer comes by promise; but God gave it to Abraham by a promise. (Gal 3:15-18)

15 Brothers and sisters, I give an example from daily life: once a person’s will has been ratified, no one adds to it or annuls it. 16 Now the promises were made to Abraham and to his offspring; it does not say, “And to offsprings,” as of many; but it says, “And to your offspring,” that is, to one person, who is Christ. 17 My point is this: the law, which came four hundred thirty years later, does not annul a covenant previously ratified by God, so as to nullify the promise. 18 For if the inheritance comes from the law, it no longer comes from the promise; but God granted it to Abraham through the promise.

19 Why then the law? It was added because of transgressions, until the offspring would come to whom the promise had been made; and it was ordained through angels by a mediator. 20 Now a mediator involves more than one party; but God is one.

21 Is the law then opposed to the promises of God? Certainly not! For if a law had been given that could make alive, then righteousness would indeed come through the law. 22 But the scripture has imprisoned all things under the power of sin, so that what was promised through faith in Jesus Christ might be given to those who believe.

23 Now before faith came, we were imprisoned and guarded under the law until faith would be revealed. 24 Therefore the law was our disciplinarian until Christ came, so that we might be justified by faith. 25 But now that faith has come, we are no longer subject to a disciplinarian, (Gal 3:15-25)

Here again Paul makes it clear that works of the law put you under the law, showing that it is a false soteriology of justification by certain works of the law rather than the law itself since he just said that God’s covenants cannot be annulled. Rather Paul is using the broken law at Sinai as an analogy for this false soteriology because Sinai brings death without grace (since it was broken) and because you need the grace of the new covenant to get the blessings of Sinai:

4 But when the fullness of time had come, God sent his Son, born of a woman, born under the law, 5 in order to redeem those who were under the law, so that we might receive adoption as children.
. . . 

21 Tell me, you who desire to be [under the law], will you not listen to the law? 22 For it is written that Abraham had two sons, one by a slave woman and the other by a free woman. 23 One, the child of the slave, was born according to the flesh; the other, the child of the free woman, was born through the promise. 24 Now this is an allegory: these women are two covenants. One woman, in fact, is Hagar, from Mount Sinai, bearing children for slavery. 25 Now Hagar is Mount Sinai in Arabia and corresponds to the present Jerusalem, for she is in slavery with her children. 26 But the other woman corresponds to the Jerusalem above; she is free, and she is our mother. 27 For it is written,

“Rejoice, you childless one, you who bear no children,
burst into song and shout, you who endure no birth pangs;
for the children of the desolate woman are more numerous
than the children of the one who is married.”

28 Now you, my friends, are children of the promise, like Isaac. 29 But just as at that time the child who was born according to the flesh persecuted the child who was born according to the Spirit, so it is now also. 30 But what does the scripture say? “Drive out the slave and her child; for the child of the slave will not share the inheritance with the child of the free woman.” 31 So then, friends, we are children, not of the slave but of the free woman.

1 For freedom Christ has set us free. Stand firm, therefore, and do not submit again to a yoke of slavery.

2 Listen! I, Paul, am telling you that if you let yourselves be circumcised, Christ will be of no benefit to you. 3 Once again I testify to every man who lets himself be circumcised that he is obliged to obey the entire law. 4 You who want to be justified by the law have cut yourselves off from Christ; you have fallen away from grace. 5 For through the Spirit, by faith, we eagerly wait for the hope of righteousness.

6 For in Christ Jesus neither circumcision nor uncircumcision counts for anything; the only thing that counts is faith working through love.

. . . 
17 For what the flesh desires is opposed to the Spirit, and what the Spirit desires is opposed to the flesh; for these are opposed to each other, to prevent you from doing what you want. 18 But if you are led by the Spirit, you are not [under the law].

(Gal 4:4-5:5 changed to be consistently translating the Greek words for “under the law”)

I think argue from this that, works doesn’t just refer to the law itself. since these ideas of purity in “works of the law” were not actually specified in the Torah–nor do I think it was the intention. The intention of the law was to keep Israel separate (it calls them to be a separate/holy people) according to their actions and behavior but Israel had no immigration laws. Certain people weren’t allowed to be in Israel without accepting God (Deuteronomy 23:1-9) However, once you accepted the God of Israel you were considered an Israelite. Ruth was a Moabite and was on the list of people in Deuteronomy 23 that could not enter into Israel–yet when she accepts God she is considered an Israelite

In the ancient world, Paula Fredriksen observes, “gods really did run in the blood. Put differently: cult, as enacted and as imagined defined ethnicity”

The Idea of Israel in Second Temple Judaism pg xiv

 

The Moabites are also referred to as “the people of chemosh” Numbers 21:29 for example and “chemosh” was the god they worshipped:

11 But Boaz answered her, “All that you have done for your mother-in-law since the death of your husband has been fully told me, and how you left your father and mother and your native land and came to a people that you did not know before. 12 May the Lord reward you for your deeds, and may you have a full reward from the Lord, the God of Israel, under whose wings you have come for refuge!” (Ruth 2:11-12)

Compare with:


. . . your people shall be my people,
and your God my God. (Ruth 1:16)

So, “under the law” means figuratively–“under the result” or under the punishments of the Sinai law–if it weren’t to be fixed by the prophecies in the covenant’s of Abraham and Moab that point to Christ. This is used as an analogy for the purity oriented “works of the law” which focused on nationality and outward appearance rather than inward matters of the heart. These distinctions are necessary in order to avoid a contradiction because it seems that Jesus endorses salvation by law elsewhere–I would just add that “keep the commandments” seems to mean “guard” or “cherish” which is different than wrote observance:

And he said to him, “Why do you ask me about what is good? There is only one who is good. If you wish to enter into life, keep the commandments.” (Matthew 19:17)

In addition, Jesus restates the love command in the law “love your neighbor as yourself” through his example: (it was common for Jewish teacher’s to restate commandments in the Torah with their own interpretation as their own commandments–getting this from David Bivin)

34 I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. 35 By this everyone will know that you are my disciples, if you have love for one another.” (John 13:34-35)

He even makes reference to his father’s commandments:


10 If you keep my commandments, you will abide in my love, just as I have kept my Father’s commandments and abide in his love. 11 I have said these things to you so that my joy may be in you, and that your joy may be complete.12 “This is my commandment, that you love one another as I have loved you. 13 No one has greater love than this, to lay down one’s life for one’s friends. 14 You are my friends if you do what I command you. (John 15:10-14)

I think Christ’s teachings focused on weightier matters of the law and his interpretation was light on purity issues or issues of outward appearance. Compare Christ’s description of himself with his description of of the other teachers of the law:

28 “Come to me, all you that are weary and are carrying heavy burdens, and I will give you rest. 29 Take my yoke upon you, and learn from me; for I am gentle and humble in heart, and you will find rest for your souls. 30 For my yoke is easy, and my burden is light.” (Matthew 11:28-30)

They tie up heavy burdens, hard to bear, and lay them on the shoulders of others; but they themselves are unwilling to lift a finger to move them. (Matthew 23:4)

There’s no “work” that can be summed up as “loving your neighbor” therefore it is impossible for the law as a whole to be completely works orientated–which I think also helps resolve this potential contradiction.

Summary: works of the law is a false soteriology of justification by keeping certain boundary markers. 

 

6. Paul’s Use of Israel’s Covenant Breaking and Redemption:

Israel broke the covenant which promised life:

“. . . the house of Israel and the house of Judah have broken the covenant that I made with their ancestors” (Jer 11:10)

She saw that for all the adulteries of that faithless one, Israel, I had sent her away with a decree of divorce; yet her false sister Judah did not fear, but she too went and played the whore. (Jer 3:8)

2 Speak to the people of Israel and say to them: I am the Lord your God. 3 You shall not do as they do in the land of Egypt, where you lived, and you shall not do as they do in the land of Canaan, to which I am bringing you. You shall not follow their statutes. 4 My ordinances you shall observe and my statutes you shall keep, following them: I am the Lord your God. 5 You shall keep my statutes and my ordinances; by doing so one shall live: I am the Lord. (Lev 18: 1-5)

See, I have set before you today life and prosperity, death and adversity. (Deuteronomy 30:15)

As I showed before there were provisions in the law for sacrifices to cover transgressions of it–so transgressions alone wouldn’t mean that they broke the covenant as a whole people but rather a failure to reverence it.

Later it sums up the effects of the law by saying: (also note the associating of loving God with obeying his commandments)

15 See, I have set before you today life and prosperity, death and adversity. 16 If you obey the commandments of the Lord your God that I am commanding you today, by loving the Lord your God, walking in his ways, and observing his commandments, decrees, and ordinances, then you shall live and become numerous, and the Lord your God will bless you in the land that you are entering to possess.
(Deuteronomy 30:15-19)

The covenant of Moab predicts they would break the law and prophecies that God would cause Israel to follow the law and be his people again

…Then you shall again obey the Lord, observing all his commandments that I am commanding you today… (Deuteronomy 30:8)

This is the same promise as Jeremiah 31:31-37 where he says he will write the law on their hearts and make them a nation again in their own land (reuniting the house of Judah and Ephraim) Ezekiel also refers to the same thing:

25 I will sprinkle clean water upon you, and you shall be clean from all your uncleannesses, and from all your idols I will cleanse you. 26 A new heart I will give you, and a new spirit I will put within you; and I will remove from your body the heart of stone and give you a heart of flesh. 27 I will put my spirit within you, and make you follow my statutes and be careful to observe my ordinances. 28 Then you shall live in the land that I gave to your ancestors; and you shall be my people, and I will be your God. (Ezekiel 36:25-27)

This was to fulfill what God promised Abraham and hence why Paul uses the connection to the Abrahamic covenant:


It is not because of your righteousness or the uprightness of your heart that you are going in to occupy their land; but because of the wickedness of these nations the Lord your God is dispossessing them before you, in order to fulfill the promise that the Lord made on oath to your ancestors, to Abraham, to Isaac, and to Jacob (Deuteronomy 9:5)

And this is the reason the holy spirit was sent–as a down payment for the promises of Abraham:

20 For in him every one of God’s promises is a “Yes.” For this reason it is through him that we say the “Amen,” to the glory of God. 21 But it is God who establishes us with you in Christ and has anointed us, 22 by putting his seal on us and giving us his Spirit in our hearts as a first installment. (2 Corinthians 1:20-22)

5 He destined us for adoption as his children through Jesus Christ, according to the good pleasure of his will, . . . 13 In him you also, when you had heard the word of truth, the gospel of your salvation, and had believed in him, were marked with the seal of the promised Holy Spirit; 14 this is the pledge of our inheritance toward redemption as God’s own people, to the praise of his glory. (Ephesians 1:5-14)

Similarly, Jason Staples explains: (in a response to a comment on his blog about how to translate Romans 10:4)

Good question. This is a very difficult and controversial verse, as the word telos can mean a range of things, including “goal,” “end,” “culmination,” “climax,” etc.

I think the verse is best translated “For Christ is the culmination of the law for righteousness in everyone who trusts.”

What Paul’s referring to here is that Christ’s death and subsequent sending of the spirit has enabled righteousness in those who put their trust in Jesus, facilitating the righteousness the prophets had promised God would grant to Israel (e.g., Jeremiah 31:31–34, Ezek 36:24, Deut 30:1–10). That’s why he proceeds to explain that Jesus is the “one who does these things” and thereby lived by them—the resurrection is the proof that Jesus is the righteous one of the Torah, and it’s why he then quotes Deut 30 to explain that those who believed Israel needed to be sufficiently righteous to bring the messiah had things backwards—it’s not that Israel’s righteousness would bring the messiah, it’s that the messiah came to make Israel righteous.
https://www.jasonstaples.com/bible/paul-never-says-by-faith-alone/

Essentially the prophecies in the covenant of Moab and promises of Abraham fix the rest of the covenant(s) (including Sinai) which were broken–and enable Israel to obtain the blessings of those covenants (life). The prophecies in Moab and the promises of Abraham are similar in this regard (and both point to Christ and his sending of the holy spirit in John 16:7). The importance of this in Paul’s writing will be shown later.

7. The Corporate Nature of God’s Salvation for Israel and Hence Us

We are grafted into the commonwealth of Israel Ephesians 2:12-13. In addition Israel is a priesthood to the world (Exodus 19:5-6) (1 Peter 2:5-9) and hence they can be said to carry God’s redemption to the nations. (compare Isaiah 42:6-7, Deuteronomy 4:5-8) Similarly Adam was a priest as Christ is a priest being the second Adam (1 Corinthians 15:45-48) If something goes wrong with Israel’s relationship with God it effects the whole world–just as Adam’s sin and Christ’s sacrifice have consequences for everyone. One example of this type of corporate non-individualist thinking appears in the prayer that Daniel makes for Israel in Daniel 9 where he confesses Israel’s sins as if they are his own.

Hence, Paul is often not speaking to people as individuals but people as part of Israel and God’s people in the greater historical context. One example of this is in Romans 1-3. Here specifically he groups Jews together with the nation of Israel throughout history:

1 Then what advantage has the Jew? Or what is the value of circumcision? 2 Much, in every way. For in the first place the Jews were entrusted with the oracles of God. (Romans 3:1-2)

He also seems to group Israel and the nations together and say they are both collectively guilty. The nations for idolatry despite the witness of nature and Israel for committing that same idolatry despite the witness of the law. This is thinking that seems to be prevalent in the Bible and hence Israel’s particular tribal culture. 

This isn’t to say we are collectively guilty for things, just that the consequences of that sin unfortunately still do affect us–just like someone might have a bad childhood out of no fault of their own and be effected by the sins of their parents. For more details so Corporate Responsibility in the Hebrew Bible by Joel S. Kaminsky.

8. Paul Uses Israel’s Journey as an Analogy for Our Own.

Paul speaking corporately says:

30 What then are we to say? Gentiles, who did not strive for righteousness, have attained it, that is, righteousness through faith; 31 but Israel, who did strive for the righteousness that is based on the law, did not succeed in fulfilling that law. 32 Why not? Because they did not strive for it on the basis of faith, but as if it were based on works. They have stumbled over the stumbling stone, (Romans 9:30-33)

While Paul speaking individually says the same of Christ in our lives redeeming us from the curse of the law:

1 Do you not know, brothers and sisters—for I am speaking to those who know the law—that the law is binding on a person only during that person’s lifetime? 2 Thus a married woman is bound by the law to her husband as long as he lives; but if her husband dies, she is discharged from the law concerning the husband. 3 Accordingly, she will be called an adulteress if she lives with another man while her husband is alive. But if her husband dies, she is free from that law, and if she marries another man, she is not an adulteress.

4 In the same way, my friends, you have died to the law through the body of Christ, so that you may belong to another, to him who has been raised from the dead in order that we may bear fruit for God. 5 While we were living in the flesh, our sinful passions, aroused by the law, were at work in our members to bear fruit for death. 6 But now we are discharged from the law, dead to that which held us captive, so that we are slaves not under the old written code but in the new life of the Spirit. (Romans 7:1-6)

I think the reason Paul uses the analogy of the Sinai covenant for “works of law”–is that justifying yourself through the Sinai covenant is bound to fail since Israel has already broken the law as a whole and Israel is a priesthood to the world. If something goes wrong with Israel’s relationship with God it affects the whole world–just as Adam’s sin and Christ’s sacrifice have consequences for everyone. God’s plan is actually to cause Israel to follow the law by writing it on their hearts (Jer 31:31-33)

However, in contrast to the Sinai covenant, the Covenant of Moab in Deuteronomy 30 (which Paul contrasts in Romans 10:5-10 which quotes from Lev 18:5 and Deut 30:11-14) and the Abrahamic covenant that Paul contrasts with Sinai in Galatians 4 and Galatians 3:10-14 promised a fix. The Abrahamic and Moab covenants prophesied to fix the brokenness of the covenant by God’s action–based on God’s promises and not based on the acts of man.

It’s not that Israel’s righteousness would bring the messiah, it’s that the messiah came to make Israel righteous.”
https://www.jasonstaples.com/bible/paul-never-says-by-faith-alone/

Paul often uses the idea that the law brings death and knowledge of sin which allows Israel to accept grace and life under the new covenant. Paul seems to apply this idea to individuals in these passages using crucifixion as analogous with death and life in the new covenant as analogous with Israel’s and our righteousness/justification by faith. Essentially our failure to keep the law (similar to Israel) makes us aware of our need for grace and allows us to be humble and accept it–we have faith in God and his grace and practice the law in thankfulness for being saved, rather than rely on the law itself:” Here is another example of Paul using the journey of Israel to speak to individuals. Observe the first quote which is corporate:

15 We ourselves are Jews by birth and not Gentile sinners; 16 yet we know that a person is justified not by the works of the law but through faith in Jesus Christ. And we have come to believe in Christ Jesus, so that we might be justified by faith in Christ, and not by doing the works of the law, because no one will be justified by the works of the law. 17 But if, in our effort to be justified in Christ, we ourselves have been found to be sinners, is Christ then a servant of sin? Certainly not! 18 But if I build up again the very things that I once tore down, then I demonstrate that I am a transgressor. 19 For through the law I died to the law, so that I might live to God. I have been crucified with Christ; 20 and it is no longer I who live, but it is Christ who lives in me. And the life I now live in the flesh I live by faith in the Son of God, who loved me and gave himself for me. 21 I do not nullify the grace of God; for if justification comes through the law, then Christ died for nothing.(Gal 2:15-21)

Now right after he uses it in a more individualistic way:

23 Now before faith came, we were imprisoned and guarded under the law until faith would be revealed. 24 Therefore the law was our disciplinarian until Christ came, so that we might be justified by faith. 25 But now that faith has come, we are no longer subject to a disciplinarian, 26 for in Christ Jesus you are all children of God through faith. 27 As many of you as were baptized into Christ have clothed yourselves with Christ. (Gal 3:21-26)

Similarly Paul speaks in a corporate way here:

12 and likewise the ancestor of the circumcised who are not only circumcised but who also follow the example of the faith that our ancestor Abraham had before he was circumcised.

13 For the promise that he would inherit the world did not come to Abraham or to his descendants through the law but through the righteousness of faith. 14 If it is [those] of the law who are to be the heirs, faith is null and the promise is void. 15 For the law brings wrath; but where there is no law, neither is there violation.

16 For this reason it depends on faith, in order that the promise may rest on grace and be guaranteed to all his descendants, not only to [those] of the law but also to those who share the faith of Abraham (for he is the father of all of us, (Romans 4:12-16)

Compare this with the more individualistic statements:

1 What then are we to say? Should we continue in sin in order that grace may abound? 2 By no means! How can we who died to sin go on living in it? 3 Do you not know that all of us who have been baptized into Christ Jesus were baptized into his death? 4 Therefore we have been buried with him by baptism into death, so that, just as Christ was raised from the dead by the glory of the Father, so we too might walk in newness of life.

5 For if we have been united with him in a death like his, we will certainly be united with him in a resurrection like his. 6 We know that our old self was crucified with him so that the body of sin might be destroyed, and we might no longer be enslaved to sin. 7 For whoever has died is freed from sin. 8 But if we have died with Christ, we believe that we will also live with him. 9 We know that Christ, being raised from the dead, will never die again; death no longer has dominion over him. 10 The death he died, he died to sin, once for all; but the life he lives, he lives to God. 11 So you also must consider yourselves dead to sin and alive to God in Christ Jesus. (Romans 6:1-11)

Note the following is corporate even more than talking about people raised in Judaism. It is about the Jewish people throughout history. It is even more corporate than using circumcision literally for being circumcised on the eighth day and therefore growing up as Jewish:

25 Circumcision indeed is of value if you obey the law; but if you break the law, your circumcision has become uncircumcision. 26 So, if those who are uncircumcised keep the requirements of the law, will not their uncircumcision be regarded as circumcision? 27 Then those who are physically uncircumcised but keep the law will condemn you that have the written code and circumcision but break the law. 28 For a person is not a Jew who is one outwardly, nor is true circumcision something external and physical. 29 Rather, a person is a Jew who is one inwardly, and real circumcision is a matter of the heart—it is spiritual and not literal. Such a person receives praise not from others but from God. Then what advantage has the Jew? Or what is the value of circumcision? 2 Much, in every way. For in the first place the Jews were entrusted with the oracles of God.

(Romans 2:25-3:2 emphasis mine)

So in summary Galatians and Romans are often using “law” for “Sinai law” or “Sinai covenant.” Paul is not comparing the “old” and “new” covenants there but the unconditional-blessings given to Abraham with conditional-blessings at Sinai (which Israel broke). He’s using the covenant of Abraham as an analogy for repenting and accepting mercy (Jeremiah 3:12-14) with the work of Christ and grace compared with justifying yourself through “works of law” and being susceptible to Sinai curses: Gal 3:16-18, Gal 3:10-12, Deuteronomy 27:26. Likewise in Romans 10:5-10 Paul compares the Moab covenant to Sinai with quotes from Lev 18:5 and Deut 30:11-14. Some Jewish tradition considers Sinai lacking and hence the need for Moab: https://www1.biu.ac.il/indexE.php?id=15430&pt=1&pid=14638&level=0&cPath=43,14206,14376,14638,15430 Paul uses a similar analogy in Galatians 4:21~.

Essentially the promises of Abraham and the prophecies at Moab fix the deficiencies of the covenant of Sinai–since Sinai didn’t have provisions to make the people righteous. Sinai was broken not because it was a bad covenant–it just didn’t have the ability to make the people not rebellious–unlike the work of the holy spirit (sent by Christ, promised to Abraham, and prophecied at Moab). The consequences of breaking Sinai are death but Moab and Abraham’s covenant point to Christ who will enable Israel (through his sending of the holy spirit) to keep the law and intercede for the nations also grafting us into their commonwealth. This is also why Jesus can say “If you wish to enter into life, keep the commandments” but Paul in Galatians can say that we not justified by works of the law (Galatians 2:15-21) The meaning of “keep” is different than “do perfectly” and the “works of the law” is in the context of purity observances that don’t touch the weightier matters of attitude like “love your neighbor” or “love God” In addition “law” is being used to refer to “Sinai covenant” which without the promises would lead to death on it’s own.

 

The “Royal Law” in James 2:8 Also Means “Straight Law”

Last update 2022-10-25
I had an argument with someone who kept referring to James 2:8 as redefining the law as love. He wasn’t meaning this the same way Rabbi Hillel did: “That which is hateful to you, do not do to your fellow. That is the entire Torah, and the rest is commentary. Now go and study.” However, he meant that we could decide what is loving from our own reason and from nature like he thinks Romans 1 implies. He also thought that some of the Torah was no longer necessary because it did not relate to love. Thinking about this and possible responses led me to discover a different way of taking this verse. I would like to share that here as well as some other observations I have used to argue against this person’s position.
Some of this will be pretty trivial for those who are not coming at this from a rigid Bible-only perspective since you will know to interpret things based on their historical context and that Christianity was originally just a sect of Judaism.  It would also seem unlikely that Jesus’s brother James would have changed this especially given that James is was refered to by Jews as “James the Just” meaning he kept the Torah well. Coincidentally, another translation would be “James the righteous” since it uses the Hebrew word commonly translated as righteous, “tzadik,” which in a physical sense means “straight.” Finally, Royal law” is probably better rendered “Royal Instruction” since Torah is more like instructions than laws. So first a couple preliminary observations:
1. I first want to emphasize this point: to take “royal law” as having to refer to “all the law” is a mistake. Yet I think this is what you have to do to say that this redefines the law as just this since it could just be saying that one of the laws the “royal” one is especially important and that you would do well to observe it. Yet even if it does there are traditions that precede the book of James and use the golden rule to refer to the whole Torah without implying a redefinition or an abrogation: “That which is hateful to you, do not do to your fellow. That is the entire Torah, and the rest is commentary. Now go and study.” https://www.chabad.org/library/article_cdo/aid/5410546/jewish/Is-Hillels-Teaching-the-Same-as-the-Golden-Rule.htm
2. If you do well to observe the “royal Torah (instruction)” it doesn’t mean that you can just break the other torahs (instructions). That is like saying that in 2 Peter 1:19 that they only had to listen to Peter’s prophetic word not their father’s or any other prophets: “and we have more firm the prophetic word; which well you do heeding, as a lamp shining forth in a dismal place”
This is also also like saying that “besides you did well partaking together with my affliction” means that Paul meant that you didn’t need to do anything else besides partake with him: https://studybible.info/interlinear/Philippians%204:14

So now lets look at the full context of James 2:8 which is prefaced by James 1:27:

religion pure and undefiled with the God and Father is this, to look after orphans and widows in their tribulation — unspotted to keep himself from the world. (James 1:27)

1 My brethren, hold not, in respect of persons, the faith of the glory of our Lord Jesus Christ, 2 for if there may come into your synagogue a man with gold ring, in gay raiment, and there may come in also a poor man in vile raiment, 3 and ye may look upon him bearing the gay raiment, and may say to him, `Thou — sit thou here well,’ and to the poor man may say, `Thou — stand thou there, or, Sit thou here under my footstool,’ — 4 ye did not judge fully in yourselves, and did become ill-reasoning judges. 5 Hearken, my brethren beloved, did not God choose the poor of this world, rich in faith, and heirs of the reign that He promised to those loving Him? 6 and ye did dishonour the poor one; do not the rich oppress you and themselves draw you to judgment-seats; 7 do they not themselves speak evil of the good name that was called upon you? 8 If, indeed, royal law ye complete, according to the Writing, `Thou shalt love thy neighbour as thyself,’ — ye do well; (James 2:1-8)

 15 `Ye do not do perversity in judgment; thou dost not lift up the face of the poor, nor honour the face of the great; in righteousness h6664 thou dost judge thy fellow. 16 `Thou dost not go slandering among thy people; thou dost not stand against the blood of thy neighbour; I [am] Jehovah. 17 `Thou dost not hate thy brother in thy heart; thou dost certainly reprove thy fellow, and not suffer sin on him. 18 `Thou dost not take vengeance, nor watch the sons of thy people; and thou hast had love to thy neighbour as thyself; I [am] Jehovah. (Leviticus 19:15)

The context is about not showing favoritism, especially not respecting rich above poor or vice versa.

The Royal Law in James 2:8 probably is most confidently interpreted as “chief instruction” since Thayer’s lexicon says the word βασιλικός is:

metaphorically, principal, chief: νόμος James 2:8 https://www.blueletterbible.org/lexicon/g937/kjv/tr/0-1/

βασιλικός, -ή, -όν (< βασιλεύς),
[in LXX for מֶלֶךְ and its cognates ;]
royal, belonging to a king: χώρα, Act 12:20; ἐσθής, Act.12:21; νόμος β., a supreme law, “a law which governs other laws and so has a specially regal character” (Hort), or because made by a king (LAE, p. 3673), Jas.2:8; τις, one in the service of a king, a courtier, Refs (WH, mg., βασιλίσκος).†

Also, the word νόμος or “law” in the sense of that time was closer to “instruction” today since ancient law was more malleable and adaptable to new situations than ours–many instructions in the Torah do not even apply in a legal sense. This is to say that James is reaffirming what Jesus said about love of neighbor being the most important commandment and Jesus in turn is reaffirming what Hillel said:

That which is hateful to you, do not do to your fellow. That is the entire Torah, and the rest is commentary. Now go and study.
https://www.chabad.org/library/article_cdo/aid/5410546/jewish/Is-Hillels-Teaching-the-Same-as-the-Golden-Rule.htm

Jesus just formulated it in a positive affirmation. However, in addition to this interpretation I want to give an alternative here that I also think is interesting–that of fair or straight/even instruction.

On Isaiah 40:4 the Jamieson-Fausset-Brown Bible Commentary says:

Eastern monarchs send heralds before them in a journey to clear away obstacles, make causeways over valleys, and level hills. So John’s duty was to bring back the people to obedience to the law and to remove all self-confidence, pride in national privileges, hypocrisy, and irreligion, so that they should be ready for His coming (Mal 4:6; Lu 1:17).

In addition, walking straightly or fairly is used as a metaphor for following the instruction of God (see Psalm 23:3 mentioned later).

If you look at the context of James 2:8 you see that it is about treating people fairly despite wealth, this is paralleled in Lev 19:18 where it quotes “love your neighbor” from just a couple verses before in Lev 19:15. There it says this is done by righteous i.e. צֶדֶק transliterated “ṣeḏeq” (h6664) https://www.blueletterbible.org/lexicon/h6664/kjv/wlc/0-1/ sometimes translated as “justice” has a more positive rescuing context than in our legal system.

15 You shall not render an unjust judgement; you shall not be partial to the poor or defer to the great: with justice you shall judge your neighbour. 16 You shall not go around as a slanderer among your people, and you shall not profit by the blood of your neighbour: I am the Lord.

17 You shall not hate in your heart anyone of your kin; you shall reprove your neighbour, or you will incur guilt yourself. 18 You shall not take vengeance or bear a grudge against any of your people, but you shall love your neighbour as yourself: I am the Lord. (Leviticus 19:15-18)

Also, if you look at the context of most of the usages of “tzadik” h6664 or righteousness it is about judging fairly or not crookedly especially in regard to the poor. Also, the first definition Gesenius has for tzadik h6664 https://www.blueletterbible.org/lexicon/h6664/kjv/wlc/0-1/ is “in a physical sense straightness” and in Psalm 23:3 Gesenius says it is used to mean “straight paths” in

My soul He refresheth, He leadeth me in paths of righteousness, h6664 For His name’s sake, (Psalm 23:3)

So in addition to the royal law (instruction) being chief (another definition for “Melek”) of the instructions I see another possible meaning. That of a straight or even instruction (i.e righteous or fair instruction) which fits with the straight path or royal highway (since the crooked roads were considered to be too lowly for the king to go in on) they would make for a king. I also think that it is easy to make a mistake and see the “instruction” here as referring to whole of the instructions, which it doesn’t, “law” or “torah” can refer to a single instruction. (and it is indeed singular in James 2:8 so it allows for that meaning) So the royal instruction is a singular instruction for administering/following the rest of the instructions. In addition “righteousness,” by how it is used elsewhere, is more about administering the rest of the instructions fairly than the whole rest of the Torah itself–so you could also argue from the idea of righteousness it is about administering God’s law in a fair way. See, if you look at the context of James 2:8 you see that it is about treating people fairly despite wealth, this is paralleled in Lev 19:15 where it says this is done by righteous h6664 judgement. Also, if you look at the context of righteousness it is about judging fairly or not crookedly especially in regard to the poor: https://www.blueletterbible.org/lexicon/h6664/kjv/wlc/0-1/

Also the first definition Gesenius has for h6664  https://www.blueletterbible.org/lexicon/h6664/kjv/wlc/0-1/ is “in a physical sense straightness” and in Psalm 23:3 Gesenius says it is used to mean “straight paths”  “My soul He refresheth, He leadeth me in paths of righteousness, h6664 For His name’s sake,” (Psalm 23:3)

The same word h6664 righteousness is paralleled by uprightness or equity h4339 in Psalms 98:9 which also means straightnesshttps://www.blueletterbible.org/lexicon/h4339/kjv/wlc/0-1/

Before Jehovah, For He hath come to judge the earth, He judgeth the world in righteousness, And the people in uprightness! h4339 (Psalm 98:9)

The same word “ṣeḏeq” or “righteousness” is paralleled by מֵישָׁר mêšār (h4339) “uprightness” or “equity” in Psalms 98:9 which also means “straightness.” https://www.blueletterbible.org/lexicon/h4339/kjv/wlc/0-1/

Before Jehovah, For He hath come to judge the earth, He judgeth the world in righteousness, (h6664) And the people in uprightness! (h4339) (Psalm 98:9)

Another occurrence of “ṣeḏeq” is where it mentions the word for “king.” In fact, “Melchizedek” means “king of righteousness” according to Gesenius https://www.blueletterbible.org/lexicon/h4442/kjv/wlc/0-1/

And the strength of the king Hath loved judgment, Thou — Thou hast established uprightness; h4339 Judgment and righteousness h6666 in Jacob, Thou — Thou hast done. (Psalm 99:4)

Melchizedek is an old Canaanite name meaning “My King Is [the god] Sedek” or “My King Is Righteousness” (the meaning of the similar Hebrew cognate). Salem, of which he is said to be king, is very probably Jerusalem. Psalm 76:2 refers to Salem in a way that implies that it is synonymous with Jerusalem, and the reference in Genesis 14:17 to “the King’s Valley” further confirms this identification.
https://www.britannica.com/biography/Melchizedek

And the strength of the king Hath loved judgment, Thou — Thou hast established uprightness; (h4339) Judgment and righteousness (h6666) in Jacob, Thou — Thou hast done. (Psalm 99:4)

If you argue that the “righteous instruction” has to refer to the whole of the instructions then you are saying that one cannot gain righteousness from following the Torah and that instead the Torah itself is righteousness. That is one of the many things you would have to argue for the “righteous Torah” or “royal Torah” to redefine the Torah. However, righteousness can clearly be thought of as separate from the Torah and is in fact the way the Torah is administered or followed and the general character by which the other instructions can be described:
8 and which [is] the great nation which hath righteous statutes and judgments according to all this law which I am setting before you to-day? (Deuteronomy 4:8)
25 and righteousness it is for us, when we observe to do all this command before Jehovah our God, as He hath commanded us. (Deuteronomy 6:25)
13 for not the hearers of the law [are] righteous before God, but the doers of the law shall be declared righteous: — (Romans 2:13)
In summary, the context of “royal instruction” is about judging fairly between rich and poor which is the same context of Lev 19:15 from which James quotes “love your neighbor.” This is partially because the word for righteousness and a parallel of that word have the idea of “straightness” which is metaphorically “fairness.” In addition, righteousness hence straightness is already associated with kingly conduct in the bible through the meaning of Melchizedek and the royal highway that they built for the king to come into the city. However, since righteousness is about administering the instructions fairly rather than the rest of the instructions itself I think it can be seen as a affirming the instructions being administered fairly rather than replacing the instructions with anything. This is because the “royal law” in James means “royal instruction” (which is a better translation for Torah) or “straight instruction” and hence is to administer Torah in a righteous or fair way without respecting rich above poor or vice versa.

One might also take this as not showing favoritism by a fairness/evenness because we are all equally made in the image of God and the royal instruction is to walk with straightness past the superficial and get to the essence of God in man. This is because love of God is the other greatest commandment that Jesus mentions yet it can also be summed up with loving your neighbor. Similarly, Yehuda Shurpin says about Hillel’s teaching. Despite trying to make the case that it is different than the golden rule I think it is great how close it comes to what this article is talking about:

Hillel’s teaching can be read thusly:

“What is hateful to you”—having one of your shortcomings revealed—“do not do to your fellow”—do not expose his faults and imperfections, whether in worldly matters, in his relations with others, or in his spiritual behavior. Do not make them noticeable and concrete. Instead, let your love for them cover over their faults to the point that they evoke no repulsion, just like your own.

When you love a person because of his or her very soul, no (external) shortcomings will interfere with this love, and any perceived evil will be swallowed up by the love.

When we understand that our souls are all one and do not see each other’s flaws, G‑d also overlooks our flaws and blesses us with an abundance of good—including the future Redemption, “the day that is all good.”

https://www.chabad.org/library/article_cdo/aid/5410546/jewish/Is-Hillels-Teaching-the-Same-as-the-Golden-Rule.htm

Follow The Lamb, Part 2: The Revelation

http://renewedheartministries.com/presentation/Follow-the-Lamb I’m paraphrasing (and analyzing in part) this series of lectures on Revelation by Herb Montgomery because it relates to the kingdom of God. I am going do this for parts 1-11 and 17 as I have already covered the others. Herb argues that there is a change in teaching in the new testament to pacifism–from the Tanahk (or Old Testament)–and argues that Revelation supports this. This also interests me because our paper “Unless He Gives up All His Possessions” argues for a change in teaching in the Brit Chadashah (New Testament) with regards to possessions but only due to a different situation arising after Christ. The TNIV translation is used unless otherwise noted. Below are links to the paraphrased material:
Lecture:  https://renewedheartministries.com/sermons/followthelamb/02therevelation.mp3
handout: https://renewedheartministries.com/sermons/followthelamb/outlines/02revelation.pdf

When you come to the book of Revelation, there are three categories to how most people interpret it:

1. Preterism is the school of thought where everything was talking about the destruction of Jerusalem in A.D. 70

2. Historicism makes Revelation about events throughout history.

3. Futurism makes everything about Christ’s second coming. Herb is convinced that the most damage is done here with misinterpretations of the book of Revelation.

Everyone here probably fits into one of these three schools of thought. However, Herb says that the book of Revelation doesn’t fully fit into any of those schools of thought. Instead, we must start with the ethical teachings of Jesus and the first audience and see how they would have interpreted the book of Revelation and that it was about whatever comes down the pike follow the Lamb.

Here’s a simple outline starting with Revelation 1:1-8

Revelation 1.1-8—The revelation from Jesus Christ, which God gave him to show his servants what must soon take place. He made it known by
sending his angel to his servant John, who testifies to everything he saw—
that is, the word of God and the testimony of Jesus Christ. Blessed is the
one who READS ALOUD the words of this prophecy, and blessed are
those who HEAR IT and take to heart what is written in it, because the
time is near . . .

The “time is near” produces problems for us but for those people at the time it inspires hope. The way it would have been communicated is through oral reading of one person to an audience. Revelation was not written as something people would read and study but rather as something to be listened to–this brings out different meanings in the text with auditory cues.

Revelation 22.6-21—The angel said to me, “These words are trustworthy
and true. The Lord, the God who inspires the prophets, sent his angel to
show his servants the things that must soon take place.” “Look, I am com-
ing soon! Blessed are those who keep the words of the prophecy in this
scroll.” I, John, am the one who heard and saw these things . . .

Two things repeated in the epilogue that is also in the prologue “his angle” and “things which must shortly come to pass.” Let’s use these two anchor points Rev 1:1-8 and Revelation 22:6-21 as reason to interpret these things

Revelation 1.9-11—I, John, your brother and companion in the SUF-
FERING and KINGDOM and PATIENT ENDURANCE that are ours
in Jesus, was on the island of Patmos because of the word of God and
the testimony of Jesus. On the Lord’s Day I was IN THE SPIRIT, and
I heard behind me a loud voice like a trumpet, which said: “Write on a
scroll what you see and send it to the seven churches: to Ephesus, Smyrna,
Pergamum, Thyatira, Sardis, Philadelphia and Laodicea.”

Suffering, being part of the kingdom, and patient endurance are all included in the present and are all associated with following Jesus. There are three audio transitions of “in the spirit” the first one in Rev 1:9-11. Try picking one of those churches and pretending you are listening to it from their perspective. The second here

Revelation 4.2—At once I was IN THE SPIRIT, and there before me was
a throne in heaven with someone sitting on it.

There are two branches in the book of Revelation:

1. The defeat of a Harlot:

Revelation 17.3—Then the angel carried me away IN THE SPIRIT into a
wilderness . . .

2. The victory of a bride:

Revelation 21.10—And he carried me away IN THE SPIRIT to a moun-
tain great and high . . .

There’s a repetition or parallel between Rev 17 and Rev 21

Revelation 17.1-3—One of the seven angels who had the seven bowls
came and said to me, “Come, I will show you the punishment of the great
prostitute, who sits by many waters. With her the kings of the earth com-
mitted adultery, and the inhabitants of the earth were intoxicated with
the wine of her adulteries.” Then the angel carried me away in the Spirit
into a wilderness. There I saw a woman sitting on a scarlet beast that was
covered with blasphemous names and had seven heads and ten horns.

Between these parallels you have the whole book of Revelation. You have 7 seals, 7 trumpets, and 7 plagues. You have the “in the spirit” in chapter 4, the next time is in Rev 17 and again in Rev 21. Not only are Rev 17 and 21 similar but look at Rev 19:9-10:

Revelation 19.9-10—Then the angel said to me, “Write: ‘Blessed are those
who are invited to the wedding supper of the Lamb!’” And he added,
“These are the true words of God.” At this I fell at his feet to worship
him. But he said to me, “Don’t do that! I am a fellow servant with you
and with your brothers and sisters who hold to Jesus’ testimony. Worship
God! For the testimony of Jesus is the Spirit of prophecy.”

You’ll see Rev 22 is different than Rev 19 because this also serves as a repetition of the prologue with “that must soon take place”

Revelation 22.6-9—The angel said to me, “These words are trustworthy
and true. The Lord, the God who inspires the prophets, sent his angel to
show his servants the things that must soon take place.” “Look, I am com-
ing soon! Blessed are those who keep the words of the prophecy in this
scroll.” I, John, am the one who heard and saw these things. And when I
had heard and seen them, I fell down to worship at the feet of the angel
who had been showing them to me. But he said to me, “Don’t do that! I
am a fellow servant with you and with your fellow prophets and with all
who keep the words of this scroll. Worship God!”

The end of the bride section is the end harlot section but John also throws in a parallel to the prologue “that must soon take place.” Don’t take Revelation chronologically, the vision actually starts in chapter 4. Right before the harlot section in Revelation 16 John hears “it is done” which is parallel with 21:

Revelation 16.17—The seventh angel
poured out his bowl into the air,
and out of the temple came a loud
voice from the throne, saying, “IT IS
DONE!”

Revelation 21.6—He said to me:
“IT IS DONE. I am the Alpha and
the Omega, the Beginning and the
End. To the thirsty I will give water
without cost from the spring of the
water of life.

It ends the same way where John tries to worship the angel. These were parallels that his audience would have heard.

Three Series of Sevens

Revelation 4.5—From the throne came flashes of lightning, rumblings
and peals of thunder.

Seven Seals 6:1-8:5

Revelation 8.5—Then the angel took the censer, filled it with fire from the
altar, and hurled it on the earth; and there came peals of thunder, rum-blings, flashes of lightning and an EARTHQUAKE.

Seven Trumpets: 8.6-11.19

Earthquake is taken for granted and a “a great hailstorm” is added:

Revelation 11.19—Then God’s temple in heaven was opened, and within
his temple was seen the ark of his covenant. And there came flashes of
lightning, rumblings, peals of thunder, an earthquake and A GREAT
HAILSTORM.

Seven Bowls: 15:1-16:21

When we end the seven bowls there is nothing added but they are elaborated:

Revelation 16.18-21—Then there came flashes of lightning, rumblings,
peals of thunder and a severe earthquake. No earthquake like it has ever
occurred since the human race has been on earth, so tremendous was the
quake. The great city split into three parts, and the cities of the nations
collapsed. God remembered Babylon the Great and gave her the cup
filled with the wine of the fury of his wrath. Every island fled away and
the mountains could not be found. From the sky huge hailstones, each
weighing about a hundred pounds, ell on people. And they cursed God
on account of the plague of hail, because the plague was so terrible.

Revelation 8.1-6—When he opened the SEVENTH SEAL, there was
silence in heaven for about half an hour. And I saw the seven angels who
stand before God, and SEVEN TRUMPETS were given to them. Another
angel, who had a golden censer, came and stood at the altar. He was given
much incense to offer, with the prayers of all God’s people, on the golden
altar before the throne. The smoke of the incense, together with the
prayers of God’s people, went up before God from the angel’s hand. Then
the angel took the censer, filled it with fire from the altar, and hurled
it on the earth; and there came peals of thunder, rumblings, flashes of
lightning and an earthquake. Then the seven angels who had the seven
trumpets prepared to sound them

The three series of 7 end in parallel fashion. He takes the seven trumpets and interlocks them in the 7th seal. 7th seal introduces the 7 trumpets and at the 7 trumpets you would expect him to introduce the 7 plagues–but he doesn’t.

Revelation 11.19—Then God’s TEMPLE in heaven was OPENED, and
within his temple was seen the ark of his covenant. And there came
flashes of lightning, rumblings, peals of thunder, an earthquake and a
great hailstorm.

However, when he picks back up the plagues. He repeats here what he said under the seventh trumpet and adds the seven angels. 12,13,14 are an intermission and 15 snaps back in with the 7 plagues with the 7th trumpet.

Revelation 15.5-6—After this I looked, and I saw in heaven the TEMPLE—
that is, the tabernacle of the covenant law—and it was OPENED. Out of
the temple came the seven angels with the seven plagues

He actually does lock in the 7 plagues with the 7th trumpet. This has been an exercise of seeing parallels. The first half of the next presentation is the most important presentation (part 3) the first part of (part 4) is the second most important presentation. We will go into the ethical teachings of Jesus and how they relate to Revelation which will be key to unlocking the book.

Follow The Lamb, Part 1: Why Revelation

http://renewedheartministries.com/presentation/Follow-the-Lamb I’m paraphrasing (and analyzing in part) this series of lectures on Revelation by Herb Montgomery because it relates to the kingdom of God. I am going do this for parts 1-11 and 17 as I have already covered the others. Herb argues that there is a change in teaching in the new testament to pacifism–from the Tanahk (or Old Testament)–and argues that Revelation supports this. This also interests me because our paper “Unless He Gives up All His Possessions” argues for a change in teaching in the Brit Chadashah (New Testament) with regards to possessions but only due to a different situation arising after Christ. The TNIV translation is used unless otherwise noted. Below are links to the paraphrased material:
Lecture:  https://renewedheartministries.com/sermons/followthelamb/01whyrevelation.mp3
handout: https://renewedheartministries.com/sermons/followthelamb/outlines/01whyrevelation.pdf

There has been significant damage done using this book. Herb’s particular knee-jerk response hearing something about Revelation is for his eyes to roll. The book of Revelation Herb argues is not about winning people to following theLamb but to current followers of the Lamb to enable them to be more faithful.

The revelation from Jesus Christ, which God gave him to show his servants what must soon take place. He made it known by sending his angel to his servant John, who testifies to everything he saw . . . John, To the seven churches in the province of Asia: (Rev 1:1-4)

Hence, Herb notes that this was written to God’s “servants.”

The chronology of transmission is God gave the revelation to his angle who gave it to John. Did Christ give this to John to predict the future or did Christ give this in order to encourage people who already believe? Herb argues the latter. Christianity in this time period meant to give up your life and face persecution. Nero was the first persecutor of Christianity with others to follow.

Today Christianity is presented as a way to improve your life. However, this was not how it was in the first century. If making a decision to follow Jesus meant giving up your life, would that make things different for you? Andrew gave a powerful testimony of what it means to follow Jesus, it was such a powerful argument that when he went to the chopping block where he would be executed a Roman soldier saw his faith and the Roman soldier said to the judge something like: “if you are going to execute him for following Jesus execute me too because I have become a follower of Jesus.”

There are several options when attacked with persecution 1 to fight 2 to flee or 3 to follow the lamb. Revelation was written to encourage the third option.

The book of revelation was not given to make wild predictions about the future. The book of Revelation was given to help those who heard its words to become more faithful followers of Jesus.

What did it mean to follow Jesus? To follow his example and teachings.

Matthew 4.23—Jesus went throughout Galilee, teaching in their syna-gogues, proclaiming the good news [euangelion] of the kingdom, and healing every disease and sickness among the people.

What does “the good news” mean? In society at that time it had a different meaning than for us today. A messenger would carry “the good news” or the eungaleon which meant that a new kingdom was victorious. It is a military term but be careful because the warfare of the lamb is not of this world but is spiritual.

John 18:36
New Revised Standard Version
36 Jesus answered, “My kingdom is not from this world. If my kingdom were from this world, my followers would be fighting to keep me from being handed over to the Jews. But as it is, my kingdom is not from here.”

STRONGS NT 3340: μετανοέω “repent” is also a military term in that day–when an officer yelled “repent” they would change direction. “repent” did not mean to “feel sorry” for the direction they were walking to begin with but to change directions.

Luke 4.43—But he said, “I must pro-
claim the good news [euangelion] of the
kingdom of God to the other towns also,
because that is why I was sent.”

This means “a new kingdom has come to town” you were walking in one direction now walk in another. This is a new way of doing life. And what you are going to find is this new way of doing life is based on a radically different way of seeing God. Jesus hung out with sinners–which meant something different in that day. Today everyone is a sinner but that makes it lose its strength. However, the term “sinner” had been coined by the religious people of that day for people who were living in opposition to the Torah–they were excommunicated or disfellowshipped from the covenant community. Jesus was accused of being friends with the tax collectors and other sinners who were in cohorts with Rome.

Jesus was living radically differently by hanging out with these people. This is what Jesus gives to us–a radical way of seeing God and ourselves through mercy. This idea threatened the religious leaders so much that they ended up crucifying him.

We have a more housebroken Jesus in a our churches today that is more comfortable to us–but this is not what we find in the first century.

Matthew 10.7-8—As you go, proclaim this
message: ‘The KINGDOM OF HEAVEN
has come near.’ Heal the sick, raise the
dead, cleanse those who have leprosy,
drive out demons. Freely you have re-
ceived, freely give.

The kingdom of heaven is not a kingdom in heaven but rather a kingdom of heaven to earth through Jesus and his followers. We do not see Jesus going around getting people to say a special prayer so that they can go to heaven when they die. He is not trying to promote a plan of getting people to heaven, rather he was bringing heaven to earth. There was not a lot of time spent on talking about people’s eternal destiny but rather he spent time with people making a difference in their lives.

Luke 10.9—Heal the sick who are there
and tell them, ‘The kingdom of God has
come near to you.’

Luke 9.6—So they set out and went from
village to village, proclaiming the good
news [euangelion] and healing people
everywhere.

I am convinced that Jesus has given us a way to heal the world around us. If Jesus went out telling people to heal the sick there is an emphasis difference between that and many churches today. If we got back to the ethical teachings of Jesus we might have an empowerment to proclaim those ethics. Many people do not feel it is important to get involved in matters of social justice. However, this is different than Jesus who said to go out and bring healing. Jesus used the metaphors of watching seeds sprout and doe rise. The kingdom conquering will not be exciting–it comes gradually.

Matthew 13.31-32—He told them another
parable: “The kingdom of heaven is like
a mustard seed, which a man took and
planted in his field. Though it is the small-
est of all seeds, yet when it grows, it is the
largest of garden plants and becomes a
tree, so that the birds come and perch in
its branches.”

It is something that would remain underground until it surfaces and gradually takes over. How Jesus said to heal our world was through coming under people not through going over people or trying to overpower people but by coming under and doing things subversively–not through force or compulsion but through humble servant love. Kind of like a yeast that causes a lump of doe to gradually rise.

Acts 8.12—But when they believed Philip
as he proclaimed the good news of THE
KINGDOM OF GOD and the name of
Jesus Christ, they were baptized, both men
and women.

Acts 19.8—Paul entered the synagogue and
spoke boldly there for three months, argu-
ing persuasively about THE KINGDOM
OF GOD.

Acts 20.25— Now I know that none of you among whom I have gone about preaching THE KINGDOM will ever see me again.

Practically overnight during the time of constantine, Christianity went from a persecuted minority to a persecuting majority. We eventually found those bearing the name of Jesus executing heretics, Muslims, Jews, and witches.

Augustine has a lot of good in it but Herb is not a fan. What is in Augustine that is wrong is wrong to such a degree that it radically changed the course of Christianity. Who became marginalized during this? Jesus. The heroes of the church during the fourth century were warriors and there was such a difference that some secular historians like Rodney Stark say that the pre-Constantine and post-Constantine Christianity is a totally different religion.

Emphasis in Christianity changed from the ethical teachings of Jesus to belief in the virgin birth or Resurrection and other doctrines. In the apostles creed it goes from “born of a virgin” to “crucified by Pontius Pilate” with a comma. Is there anything that they skipped over?–The entire life of Jesus and his teachings. Out of the four versions of the Jesus story that we have only two of them mention the virgin birth. What does that say to you? Two of the authors of the Jesus story we have say that you could be a follower of Jesus and not even know about the virgin birth.

People never attack the teachings of Jesus when they attack Christianity–they attack doctrines like the Resurrection because you can’t just have these unique teachings come out of first century without there being a teacher. Herb does not care about the details but about the transformative power of these teachings, the wisdom of them, and that these are the way that the world will be healed. Rather than coming about believing in Jesus through doctrines Herb believes in Jesus through an affinity for his teachings–following Jesus means following his teachings not believing the doctrines. This is context that we will be looking at the book of Revelation in.

Luke 6.20-26—Looking at his disciples, he said: “Blessed are you who are
poor, for yours is the kingdom of God. Blessed are you who hunger now,
for you will be satisfied. Blessed are you who weep now, for you will laugh.
Blessed are you when people hate you, when they exclude you and insult
you and reject your name as evil, because of the Son of Man. Rejoice in
that day and leap for joy, because great is your reward in heaven. For that
is how their ancestors treated the prophets. But woe to you who are rich,
for you have already received your comfort. Woe to you who are well fed
now, for you will go hungry. Woe to you who laugh now, for you will
mourn and weep. Woe to you when everyone speaks well of you, for that
is how their ancestors treated the false prophets.

Blessed are those who weep now–not in general–because you will laugh. This is about a radical rearrangement. It is taking society and turning it on its head. Those who would receive the blessing of what Jesus was coming to accomplish are what we would call the underdogs. The people who are benefiting from society at this time–Jesus is saying “woe” to them–not a cry a condemnation–but a cry of lament.

Luke 6.27-36—But to you who are listening I say: Love your enemies, do
good to those who hate you, bless those who curse you, pray for those
who mistreat you. If someone slaps you on one cheek, turn the other also.
If someone takes your coat, do not withhold your shirt. Give to everyone
who asks you, and if anyone takes what belongs to you, do not demand
it back. Do to others as you would have them do to you. If you love those
who love you, what credit is that to you? Even sinners love those who love
them. And if you do good to those who are good to you, what credit is
that to you? Even sinners do that. And if you lend to those from whom
you expect repayment, what credit is that to you? Even sinners lend to
sinners, expecting to be repaid in full. But love your enemies, do good
to them, and lend to them without expecting to get anything back. Then
your reward will be great, and you will be children of the Most High,
because he is kind to the ungrateful and wicked. Be merciful, just as your
Father is merciful.

The reason Herb believes that most people grossly misunderstand the book of Revelation is because they come from the post Constantine school of Christianity. However, if we actually return to the ethical teachings of Jesus as a backdrop to the book of Revelation and what it says you get a radical new understanding of the book and a flavor of what it meant to the very first audience who heard the book.

We have to start with this question: How did the very first audience take the message of John and how did it inspire them to be more faithful followers of Christ and his kingdom? After that other theories will be able to be made of double meanings and allusion to future events–but you have to first understand Revelation in its original context to know how to build off of it.

The lamb is mentioned 28 times in the book of revelation which is a significant number that we will learn about soon. However, for now know that the Lamb is the centerpiece of this book.


A Biblical Case For Free Speech About Idolatry

last updated: 2021-04-28

All Bible translations are in the NRSV unless otherwise noted.

This verse–read literally–would seem to indicate that all mention of idolatrous names are prohibited:

12 Six days you shall do your work, but on the seventh day you shall rest, so that your ox and your donkey may have relief, and your homeborn slave and the resident alien may be refreshed. 13 Be attentive to all that I have said to you. Do not invoke the names of other gods; do not let them be heard on your lips.
14 Three times in the year you shall hold a festival for me.
(Exodus 23:13 emphasis mine)

However, there are a few questions to ask:

1 Are there punishments for violations of this commandment?

2 Did this command apply to foreigners?

3 What does this command mean?

Not All Commandments Have Punishments

The Torah is known for having some harsh punishments but a lot of commands have no punishment–specifically you can make the case that only some of the negative commands have punishments and none of the positive commands have punishments. The ones that do appear to have punishments are really just a lack of obtaining the benefit gained from the command.

One example is the Passover command. I argue it is a conversion ritual to become a citizen of Israel. This gives you citizenship in Israel which comes with responsibilities and rights. However, if you don’t keep the Passover you are no longer considered a citizen: I argue that since there is no punishment listed for this commandment and not all commandments have punishments that we can assume there is no punishment for this command.

This Commandment Does Not Apply to Foreigners

It should also come as no surprise that some foreigners are explicitly permitted to break laws without punishments–an example–eating something that dies of itself:

The fat of an animal that died or was torn by wild animals may be put to any other use, but you must not eat it. (Leviticus 7:24)

You shall be people consecrated to me; therefore you shall not eat any meat that is mangled by beasts in the field; you shall throw it to the dogs. (Exodus 22:31)

It’s interesting in one verse it is thought to not be fit for human consumption (something that is only thrown to the dogs) but if there are aliens that disagree with that idea they can still partake in it.

You shall not eat anything that dies of itself; you may give it to aliens residing in your towns for them to eat, or you may sell it to a foreigner. For you are a people holy to the Lord your God. You shall not boil a kid in its mother’s milk. (Deuteronomy 14:21)

I’m not arguing for moral relativism, I think all of God’s commands are good, I just think for practical purposes you couldn’t expect foreigners to follow a lot of the commands when they had not heard of them and it was not the Israelite’s domain of authority to make sure the foreigners obeyed them. Foreigners were given freedom in many regards, however there are some exceptions:

This shall be a statute to you forever: In the seventh month, on the tenth day of the month, you shall deny yourselves, and shall do no work, neither the citizen nor the alien who resides among you. (Leviticus 16:29)

All persons, citizens or aliens, who eat what dies of itself or what has been torn by wild animals, shall wash their clothes, and bathe themselves in water, and be unclean until the evening; then they shall be clean.
(Leviticus 17:15)

These laws give strong indication that not all the laws in the Torah apply to, or should be, enforced on aliens–otherwise why would it need to specify that laws applied to both? There is also some leeway with certain types of commands–for instance I think Lev 17:15 indicates that a foreigner can become unclean just like a native but no one is required to be clean–only with regards to interacting with the temple/tabernacle.

There are places where it says “the same law shall be for a foreigner and a native” however if we take this literally it would contradict with the laws about foreigners versus native servants and the laws about lending at interest to foreigners and natives in the land:

35 If any of your kin fall into difficulty and become dependent on you, you shall support them; they shall live with you as though resident aliens. 36 Do not take interest in advance or otherwise make a profit from them, but fear your God; let them live with you. 37 You shall not lend them your money at interest taken in advance, or provide them food at a profit. 38 I am the Lord your God, who brought you out of the land of Egypt, to give you the land of Canaan, to be your God.

39 If any who are dependent on you become so impoverished that they sell themselves to you, you shall not make them serve as slaves. 40 They shall remain with you as hired or bound laborers. They shall serve with you until the year of the jubilee. 41 Then they and their children with them shall be free from your authority; they shall go back to their own family and return to their ancestral property. 42 For they are my servants, whom I brought out of the land of Egypt; they shall not be sold as slaves are sold. 43 You shall not rule over them with harshness, but shall fear your God. 44 As for the male and female slaves whom you may have, it is from the nations around you that you may acquire male and female slaves. 45 You may also acquire them from among the aliens residing with you, and from their families that are with you, who have been born in your land; and they may be your property. 46 You may keep them as a possession for your children after you, for them to inherit as property. These you may treat as slaves, but as for your fellow Israelites, no one shall rule over the other with harshness.
(Leviticus 25:35-46 emphasis mine) [1]

In addition “the same law shall be for a foreigner and a native” is only said in the context of certain laws:

48 If an alien who resides with you wants to celebrate the passover to the Lord, all his males shall be circumcised; then he may draw near to celebrate it; he shall be regarded as a native of the land. But no uncircumcised person shall eat of it; 49 there shall be one law for the native and for the alien who resides among you.(Exodus 12:48-49)

21 One who kills an animal shall make restitution for it; but one who kills a human being shall be put to death. 22 You shall have one law for the alien and for the citizen: for I am the Lord your God. 23 Moses spoke thus to the people of Israel; and they took the blasphemer outside the camp, and stoned him to death. The people of Israel did as the Lord had commanded Moses.
(Leviticus 24:22)

28 And the priest shall make atonement before the Lord for the one who commits an error, when it is unintentional, to make atonement for the person, who then shall be forgiven. 29 For both the native among the Israelites and the alien residing among them—you shall have the same law for anyone who acts in error. 30 But whoever acts high-handedly, whether a native or an alien, affronts the Lord, and shall be cut off from among the people.
(Numbers 15:28-30)

14 An alien who lives with you, or who takes up permanent residence among you, and wishes to offer an offering by fire, a pleasing odor to the Lord, shall do as you do. 15 As for the assembly, there shall be for both you and the resident alien a single statute, a perpetual statute throughout your generations; you and the alien shall be alike before the Lord. 16 You and the alien who resides with you shall have the same law and the same ordinance.
(Numbers 15:14-6)

13 But anyone who is clean and is not on a journey, and yet refrains from keeping the passover, shall be cut off from the people for not presenting the Lord’s offering at its appointed time; such a one shall bear the consequences for the sin. 14 Any alien residing among you who wishes to keep the passover to the Lord shall do so according to the statute of the passover and according to its regulation; you shall have one statute for both the resident alien and the native.
15 On the day the tabernacle was set up, the cloud covered the tabernacle, the tent of the covenant; and from evening until morning it was over the tabernacle, having the appearance of fire.
(Numbers 9:14)

Exodus 23:13 Means to Not Worship Other Gods

First lets agree on one thing, Exodus 23:13 cannot be taken as it is literally read:

Be attentive to all that I have said to you. Do not invoke the names of other gods; do not let them be heard on your lips. (Exodus 23:13)

There are multiple places where the titles of other gods are mentioned in the Torah such as “Baal” Jdg 2:11, Jdg 2:13, Jdg 3:7 etc . . . https://www.blueletterbible.org/lang/lexicon/lexicon.cfm?Strongs=H1168&t=KJV and “Baal” was indeed the name associated with that god because the Biblical writers replaced names that had “baal” in it with “bosheth” to signal a rejection of “baal.” [2]

So what does this mean?

Do not “invoke” the names

Hebrew is a language more focused on action than english. “To invoke” in English when associated with a god has the idea of “invoking to worship.” “Invoke” is a better translation of the word than the KJV has (“remember”) but even “to invoke” doesn’t give the idea that this word seems to be associated with action almost all the time: https://www.blueletterbible.org/lang/lexicon/lexicon.cfm?Strongs=H2142&t=KJV

the “names” of other gods

https://www.blueletterbible.org/lang/lexicon/lexicon.cfm?page=3&strongs=H8034&t=KJV#lexResults If we use the “name” of God for a reference point–it is actions that God does that reflect his authority or character:

5 The Lord descended in the cloud and stood with him there, and proclaimed the name, “The Lord.” 6 The Lord passed before him, and proclaimed,

“The Lord, the Lord,
a God merciful and gracious,
slow to anger,
and abounding in steadfast love and faithfulness,
7 keeping steadfast love for the thousandth generation,
forgiving iniquity and transgression and sin,
yet by no means clearing the guilty,
but visiting the iniquity of the parents
upon the children
and the children’s children,
to the third and the fourth generation.”

8 And Moses quickly bowed his head toward the earth, and worshiped.
(Exodus 34:5-8)

do not let them be “heard

Even “heard” can mean “heed” or “pay attention” with your actions:

But they did not listen or incline their ear, to turn from their wickedness and make no offerings to other gods. (Jer 44:5)

17 And to the man he said,

“Because you have listened to the voice of your wife,
and have eaten of the tree
about which I commanded you,
‘You shall not eat of it,’
cursed is the ground because of you;
in toil you shall eat of it all the days of your life;
(Gen 3:17)

and Sarai said to Abram, “You see that the Lord has prevented me from bearing children; go in to my slave-girl; it may be that I shall obtain children by her.” And Abram listened to the voice of Sarai. (Gen 16:2)

And the angel of the Lord said to her,

“Now you have conceived and shall bear a son;
    you shall call him Ishmael,
    for the Lord has given heed to your affliction.
(Gen 16:11)

I would argue that none of this is about words or names but about actions and possibly worship. At most this restriction on speech would prevent you from “invoking” the name of another god in a worshipful way but it wouldn’t prevent you from talking about that god, the worship of that god, or possibly even advocating for such worship. There are other verses that imply that the “name on the lips” and “name being remembered” are indeed idioms for worship:

Be attentive to all that I have said to you. Do not invoke h2142 the names h8034 of other gods; do not let them be heard on your lips. h6310 (Exodus 23:13)

For I will remove the names of the Baals from her mouth, h6310 and they shall be mentioned h2142 by name h8034 no more. (Hosea 2:17)

On that day, says the Lord of hosts, I will cut off the names h8034 of the idols from the land, so that they shall be remembered h2142 no more; and also I will remove from the land the prophets and the unclean spirit. (Zechariah 13:2)

Another reason we can see this active worship interpretation is correct is because of the clear punishment for idolatry elsewhere and the fact that it only prohibits people advocating the worship of other gods “in secret” not openly:

6 If anyone secretly entices you—even if it is your brother, your father’s son or your mother’s son, or your own son or daughter, or the wife you embrace, or your most intimate friend—saying, “Let us go worship other gods,” whom neither you nor your ancestors have known, 7 any of the gods of the peoples that are around you, whether near you or far away from you, from one end of the earth to the other, 8 you must not yield to or heed any such persons. Show them no pity or compassion and do not shield them. 9 But you shall surely kill them; your own hand shall be first against them to execute them, and afterwards the hand of all the people. 10 Stone them to death for trying to turn you away from the Lord your God, who brought you out of the land of Egypt, out of the house of slavery. 11 Then all Israel shall hear and be afraid, and never again do any such wickedness.

12 If you hear it said about one of the towns that the Lord your God is giving you to live in, 13 that scoundrels from among you have gone out and led the inhabitants of the town astray, saying, “Let us go and worship other gods,” whom you have not known, 14 then you shall inquire and make a thorough investigation. If the charge is established that such an abhorrent thing has been done among you, 15 you shall put the inhabitants of that town to the sword, utterly destroying it and everything in it—even putting its livestock to the sword. 16 All of its spoil you shall gather into its public square; then burn the town and all its spoil with fire, as a whole burnt offering to the Lord your God. It shall remain a perpetual ruin, never to be rebuilt. 17 Do not let anything devoted to destruction stick to your hand, so that the Lord may turn from his fierce anger and show you compassion, and in his compassion multiply you, as he swore to your ancestors, 18 if you obey the voice of the Lord your God by keeping all his commandments that I am commanding you today, doing what is right in the sight of the Lord your God.
(Deuteronomy 13:6-18 emphasis mine)

2 If there is found among you, in one of your towns that the Lord your God is giving you, a man or woman who does what is evil in the sight of the Lord your God, and transgresses his covenant 3 by going to serve other gods and worshiping them—whether the sun or the moon or any of the host of heaven, which I have forbidden— 4 and if it is reported to you or you hear of it, and you make a thorough inquiry, and the charge is proved true that such an abhorrent thing has occurred in Israel, 5 then you shall bring out to your gates that man or that woman who has committed this crime and you shall stone the man or woman to death. 6 On the evidence of two or three witnesses the death sentence shall be executed; a person must not be put to death on the evidence of only one witness. 7 The hands of the witnesses shall be the first raised against the person to execute the death penalty, and afterward the hands of all the people. So you shall purge the evil from your midst.
(Deuteronomy 17:2-7)

Conclusion

This command does not prohibit speech except possibly the worship of a god by invoking his name. However, advocating for worship or speaking about the god may not have been prohibited. Even if it was this would only apply to natives not foreigners. In addition advocating for worship elsewhere is only prohibited if it is done in secret and not allowed to be evaluated by the community.

1 Are there punishments for violating this commandment? No

2 Did this command apply foreigners? No.

3 What does this command mean? Not to worship other gods and possibly not advocate for such.

[1] Just to clarify, I don’t think the word translated “advance” interest is talking about something different than regular interest, see the following:

Two Types of Interest?

The Hebrew term for interest, נֶשֶׁךְ (nešekh), appears in all three of the Torah’s legal collections prohibiting interest, and in Leviticus, it is paired with תַרְבִּית (see also Ezek 18:8, 13; Prov 28:8), which also means interest. This seeming redundancy has led many commentators to understand these terms as two different types of interest.

* NJPS translates נֶשֶׁךְ as “advanced interest” (i.e., paid at the time of the loan or earlier) and תַרְבִּית as “accrued interest” (i.e., paid upon the repayment of the loan or after).

* The Mishnah (Bava Metzia 5:1), however, understands נֶשֶׁךְ as an advance agreement that the borrower will pay back more than the amount of the original loan and תַרְבִּית as paying back the loan of one form of produce with another form of produce that has risen in value, that the borrower did not have on hand at the time of the deal.

Although the verse in Leviticus may very well be including more than one form of interest, it is unlikely that the inverse is the case, namely that Exodus and Deuteronomy meant to forbid only one form of interest. Instead, these sources probably meant נֶשֶׁךְ as a catch-all term for interest. In all three sources, the point appears to be that an Israelite should not apply the “bite” of interest to loans given to his poor brethren.

https://www.thetorah.com/article/what-is-wrong-with-charging-interest (accessed 2021-02-06)

[2] Ishbosheth, also spelled Isboseth, also called Ishbaal, or Eshbaal, (flourished 11th century BC), in the Old Testament (II Samuel 2:8–4:12), fourth son of King Saul and the last representative of his family to be king over Israel (the northern kingdom, as opposed to the southern kingdom of Judah). His name was originally Ishbaal (Eshbaal; I Chronicles 8:33; 9:39), meaning “man of Baal.” Baal, which could mean “master,” was a title of dignity. Because the name came to be increasingly associated with Canaanite fertility gods, Hebrew editors later substituted bosheth, meaning “shame,” for baal.

https://www.britannica.com/biography/Ishbosheth (accessed 2021-02-07)

The Brit Chadashah: What Won’t Be Done to God’s Commandments and Covenants

What You Can’t do to The Covenants

What you cannot do to a covenant would necessarily apply to the commandments. The commandments are just the instructions from an amalgamation of covenants. You can also have the same commandments in multiple covenants i.e. the law of pouring out blood for slaughter is in the Gen 9 covenant and the Sinai covenant of Leviticus 17.

27 Then what becomes of boasting? It is excluded. By what law? By that of works? No, but by the law of faith. 28 For we hold that a person is justified by faith apart from works prescribed by the law. 29 Or is God the God of Jews only? Is he not the God of Gentiles also? Yes, of Gentiles also, 30 since God is one; and he will justify the circumcised on the ground of faith and the uncircumcised through that same faith. 31 Do we then overthrow the law by this faith? By no means! On the contrary, we uphold the law.
. . .
13 For the promise that he would inherit the world did not come to Abraham or to his descendants through the law but through the righteousness of faith. (Romans 3:1-4:13)

Romans 3:31 uses “law” to speak of the Sinai covenant https://studybible.info/compare/Romans%203:31 uses καταργέω https://studybible.info/strongs/G2673 to say “the law do we render useless through faith? May it not be” in the following tense (note “law” is singular)

Tense: Present
Number: Plural

https://studybible.info/mac/V-PAI-1P

Ephesians 2:14 https://studybible.info/compare/Ephesians%202:14 uses λύω https://studybible.info/strongs/G3089 in parallel with the word καταργέω https://studybible.info/strongs/G2673 λύω in this form:

Tense: Aorist
Number: Singular

https://studybible.info/mac/V-AAP-NSM

Galatians 3:17 https://studybible.info/compare/Galatians%203:17 states that the promises of Abraham cannot be nullified by Sinai. However, this may be because the promises of Abraham have not fulfilled their purpose yet (there are ways you could exclude this verse from the evidence) it uses the same word καταργέω https://studybible.info/strongs/G2673

Tense: Aorist
Mood: iNfinitive

https://studybible.info/mac/V-AAN

Romans 3:31 says positively that they “establish” https://studybible.info/strongs/G2476 the law (Sinai covenant) this is viewed as being opposed to καταργέω and “establish” is in this tense (note “law” is singular):

Tense: Present
Number: Plural

https://studybible.info/mac/V-PAI-1P

Hebrews 10:9 uses the same word as in Romans 3:31 for “uphold” https://studybible.info/strongs/G2476 for “he does away with the first to establish the second” https://studybible.info/compare/Hebrews%2010:9 in this tense:

Tense: Aorist
Number: Singular

https://studybible.info/mac/V-AAS-3S

In Hebrews 10:9 the “does away with” https://studybible.info/strongs/G337 is in this form (and seems to be opposed to “establish”)

Tense: Present
Number: Singular

https://studybible.info/mac/V-PAI-3S

Covenant Conclusions

Based on Romans 3:31 and Galatians 3:17 it is hard to make the argument that Sinai can be λύω or καταργέω. Galatians 3:17 also says that a covenant cannot be made void G208 so to καταργέω the promise. This I think indicates that G208 has a similar meaning to καταργέω.

Romans 3:31 seems to be talking about properly interpreting the law . . . that is to say, they do not throw down Sinai but they establish it by proper interpretation since an improper interpretation would make it broken down. This idiom of interpretation only works if it is in parallel with the actual state of the law. If the law is broken down or in the process of being broken down Paul’s statements don’t make sense. The fact that it is used in this interpretive idiom can be evidenced by observing the parallels here: https://studybible.info/search-interlinear/strongs/G208 Matthew 15:6 and Mark 7:13 use G208 as an idiom for properly interpreting or practicing and Galatians 3:17 uses G208 in parallel with καταργέω

What You Can’t do to The Commandments:

Matthew 5:17 https://studybible.info/interlinear/Matthew%205:17 says you can’t https://studybible.info/strongs/G2647 καταλύω the law. However this is just derived from “down” κατά and “break” λύω i.e. “break down”

Tense: Aorist
Mood: iNfinitive

https://studybible.info/mac/V-AAN

Mathew 5:19 https://studybible.info/compare/Matthew%205:19 says you cannot λύω https://studybible.info/strongs/G3089 the commandments:

Tense: Aorist
Number: Singular

https://studybible.info/mac/V-AAS-3S

John 10:35 says the same https://studybible.info/compare/John%2010:35 in the following tense:

Tense: Aorist
Mood: iNfinitive

https://studybible.info/mac/V-APN

Hence Ephesians 2 when it uses the same word λύω to speak of the “barrier” that “barrier” cannot be the commandments (or Sinai as we have seen previously): https://studybible.info/compare/Ephesians%202:14

Tense: Aorist
Number: Singular

https://studybible.info/mac/V-AAP-NSM

Ephesians 2:15 uses καταργέω in parallel with Ephesians 2:14 to speak of the same barrier: https://studybible.info/compare/Ephesians%202:15

Tense: Aorist
Number: Singular

https://studybible.info/mac/V-AAP-NSM

Conclusion for Commandments

It looks like all the same restrictions that apply to covenants apply to commandments not just through the restrictions on covenants but specifically by their own restrictions as well.

Hebrews in Light of Paul’s Analogies

Last updated: 2021-08-09

Most of the time Paul uses covenants as analogies for soteriologies. See here:

https://hebrewroots.communes.org/2018/11/04/the-two-covenants-of-galatians-4/

However, I think in Hebrews Paul uses covenants as analogies for the priesthoods and ministries of those covenants. He uses kal-vahomer to argue that the new priesthood is greater than the old just like the new covenant is greater than the old. In fact, the new covenant priesthood is so much greater than the old priesthood that it is as if the old priesthood was “faulty” and “weak” because they could not perfect Israel. However, Paul does not mean this literally since he elsewhere states that the Levitical priesthood was never designed to take away sin:

1 Since the law has only a shadow of the good things to come and not the true form of these realities, it can never, by the same sacrifices that are continually offered year after year, make perfect those who approach. 2 Otherwise, would they not have ceased being offered, since the worshipers, cleansed once for all, would no longer have any consciousness of sin?

(Hebrews 10:1-2)

 

13 For if the blood of goats and bulls, with the sprinkling of the ashes of a heifer, sanctifies those who have been defiled so that their flesh is purified, 14 how much more will the blood of Christ, who through the eternal Spirit offered himself without blemish to God, purify our conscience from dead works to worship the living God!

(Hebrews 9:13-14)

 

The first problematic chapter is 7:

11 Now if perfection had been attainable through the levitical priesthood—for the people received the law under this priesthood—what further need would there have been to speak of another priest arising according to the order of Melchizedek, rather than one according to the order of Aaron? 12 For when there is a change in the priesthood, there is necessarily a change in the law as well. 13 Now the one of whom these things are spoken belonged to another tribe, from which no one has ever served at the altar. 14 For it is evident that our Lord was descended from Judah, and in connection with that tribe Moses said nothing about priests.

15 It is even more obvious when another priest arises, resembling Melchizedek, 16 one who has become a priest, not through a legal requirement concerning physical descent, but through the power of an indestructible life. 17 For it is attested of him,

“You are a priest forever,
according to the order of Melchizedek.”

18 There is, on the one hand, the abrogation of an earlier commandment because it was weak and ineffectual 19 (for the law made nothing perfect); there is, on the other hand, the introduction of a better hope, through which we approach God.

(Hebrews 7:11-18 emphasis mine)

 

Notice the subject is the priesthood and the fact that the Levitical priesthood could not accomplish what Christ could. There is no indication of a change of rules that humans are supposed to follow rather a transposition of priesthoods. In verse 12 “change” means “transpose” and is used that way in Hebrews 11:5 to speak of Enoch being “transposed” into heaven: https://studybible.info/search-interlinear/strongs/G3346

This same idea is stated more explicitly here:

23 Thus it was necessary for the sketches of the heavenly things to be purified with these rites, but the heavenly things themselves need better sacrifices than these. 24 For Christ did not enter a sanctuary made by human hands, a mere copy of the true one, but he entered into heaven itself, now to appear in the presence of God on our behalf.

(Hebrews 9:23-24)

 

So the law was not changed from one thing to another but rather moved in practice from earth to heaven.

In verse 18 the corresponding Hebrew can mean “transgression” or “offering for transgression” See 1 Samuel 24:11 https://studybible.info/search-interlinear/strongs/G115 and compare with this: https://www.blueletterbible.org/kjv/1sa/24/11/t_conc_260011
You’ll see this as the corresponding word: https://www.blueletterbible.org/lang/lexicon/lexicon.cfm?Strongs=H6588

Indeed in Hebrews 9:26 it is translated as “to remove” but could just as easily mean “as an offering for” compare this https://studybible.info/interlinear/Hebrews%209:26 with the following:

for then he would have had to suffer again and again since the foundation of the world. But as it is, he has appeared once for all at the end of the age to remove sin by the sacrifice of himself.

(Hebrews 9:26)

 

Following this new translation then in verse 18 Paul is speaking only in terms of the transgression of the laws of the Levitical priesthood. Those laws were transgressed either because the priesthood was made of imperfect humans unlike Christ or–more likely–the priesthood’s temple was destroyed and made them unable to carry out the laws. If the later, then this was because Israel was not perfected and God allowed the enemies of Israel to destroy the Temple. Observe the context which is all about the priesthood. If we translate Hebrews 9:26 and Hebrews 7:16-22 with the same meaning that the Greek has in 1 Samuel 24:11 then we end up with the following:

for then he would have had to suffer again and again since the foundation of the world. But as it is, he has appeared once for all at the end of the age [as an offering for] sin by the sacrifice of himself.

(Hebrews 9:26)

 

16 one who has become a priest, not through a legal requirement concerning physical descent, but through the power of an indestructible life.
17 For it is attested of him,“You are a priest forever,
according to the order of Melchizedek.”
18 There is, on the one hand, the [transgression] of an earlier commandment because it was weak and ineffectual 19 (for the law made nothing perfect); there is, on the other hand, the introduction of a better hope, through which we approach God. 20 This was confirmed with an oath; for others who became priests took their office without an oath,
21 but this one became a priest with an oath, because of the one who said to him,

“The Lord has sworn
and will not change his mind,
‘You are a priest forever’”—

22 accordingly Jesus has also become the guarantee of a better covenant.

(Hebrews 7:16-22 emphasis mine with the translation changed to the Hebrew meaning of “abrogation” in verse 18)

 

This is one of the quirks of Hebrew where “transgression” can mean “offering for transgression” which makes the “offering” literally become the “transgression” being consumed on the alter.

Finally, we see that the reason the priesthood in verse 18 was weak was because of the ministry of the Levitical priesthood that was not designed to take away sin unlike the new covenant ministry. Paul does not mean this literally though because he is aware that the Levitical priesthood was never designed to take away sin—just to point to Christ and bring the knowledge of sin. Observe the parallels here:

(for the law made nothing perfect); there is, on the other hand, the introduction of a better hope, through which we approach God.

(Hebrews 7:19)

 

1 Since the law has only a shadow of the good things to come and not the true form of these realities, it can never, by the same sacrifices that are continually offered year after year, make perfect those who approach. 2 Otherwise, would they not have ceased being offered, since the worshipers, cleansed once for all, would no longer have any consciousness of sin? 3 But in these sacrifices there is a reminder of sin year after year. 4 For it is impossible for the blood of bulls and goats to take away sins.

(Hebrews 10:1-3)

 

And every priest stands day after day at his service, offering again and again the same sacrifices that can never take away sins.

(Hebrews 10:11)

 

This understanding will help us with the most problematic chapter 8:

1 Now the main point in what we are saying is this: we have such a high priest, one who is seated at the right hand of the throne of the Majesty in the heavens, 2 a minister in the sanctuary and the true tent that the Lord, and not any mortal, has set up. 3 For every high priest is appointed to offer gifts and sacrifices; hence it is necessary for this priest also to have something to offer. 4 Now if he were on earth, he would not be a priest at all, since there are priests who offer gifts according to the law. 5 They offer worship in a sanctuary that is a sketch and shadow of the heavenly one; for Moses, when he was about to erect the tent, was warned, “See that you make everything according to the pattern that was shown you on the mountain.” 6 But Jesus has now obtained a more excellent ministry, and to that degree he is the mediator of a better covenant, which has been enacted through better promises. 7 For if that first [covenant] had been faultless, there would have been no need to look for a second one.

8 God finds fault with them when he says:

“The days are surely coming, says the Lord,
when I will establish a new covenant with the house of Israel
and with the house of Judah;
9 not like the covenant that I made with their ancestors,
on the day when I took them by the hand to lead them out of the land of Egypt;
for they did not continue in my covenant,
and so I had no concern for them, says the Lord.
10 This is the covenant that I will make with the house of Israel
after those days, says the Lord:
I will put my laws in their minds,
and write them on their hearts,
and I will be their God,
and they shall be my people.
11 And they shall not teach one another
or say to each other, ‘Know the Lord,’
for they shall all know me,
from the least of them to the greatest.
12 For I will be merciful toward their iniquities,
and I will remember their sins no more.”

13 In speaking of “[a] new [covenant],” he has made the first [one] obsolete. And what is obsolete and growing old will soon disappear.

(Hebrews 8:1-13 emphasis mine)

 

I have put in brackets where the word “covenant” is supplied in the NRSV. In verse 13 most Christians interpret the covenant as a whole as growing old and disappearing. However we must look at this in light of the subject of the previous verses:

6 But Jesus has now obtained a more excellent ministry, and to that degree he is the mediator of a better covenant, which has been enacted through better promises. 7 For if that first [covenant] had been faultless, there would have been no need to look for a second one.

8 God finds fault with them when he says:

(Hebrews 8:6-8 emphasis mine)

 

1. The new covenant is said to be better only to the degree that Jesus is a more excellent minister, this implies that the law/instruction remains the same for humans who aren’t priests.

2. God finds fault with a plural entity: the Levitical priesthood and Israel, not a singular covenant.

3. The term “faultless” https://studybible.info/search-interlinear/strongs/G273 is about being faultless under law (hence the transgression of the priesthood) and  “finds fault” https://studybible.info/search-interlinear/strongs/G3201 is about complaining or finding fault.

4. Verse 7 has parallels implying it is about the priesthood:

For if that first [covenant] had been faultless, there would have been no need to look for a second one (Hebrews 8:7)

Now if perfection had been attainable through the levitical priesthood—for the people received the law under this priesthood—what further need would there have been to speak of another priest arising according to the order of Melchizedek, rather than one according to the order of Aaron?

(Hebrews 7:11)

 

8 When he said above, “You have neither desired nor taken pleasure in sacrifices and offerings and burnt offerings and sin offerings” (these are offered according to the law), 9 This is a symbol of the present time, during which gifts and sacrifices are offered that cannot perfect the conscience of the worshiper,

(Hebrews 10:8-9)

 

So moving on to verse 13:

In speaking of “[a] new [covenant],” he has made the first [one] obsolete. And what is obsolete and growing old will soon disappear [i.e. be destroyed].

(Hebrews 8:13 NRSV with my changes in brackets)

 

The focus of the “fault” is on the priesthood and the ministry of that covenant which just was not designed to take away sin: it only brought knowledge of that sin and was used to point to the one that makes an offering for sin. However, you could even say that inserting/supplying “covenant” is correct because of Paul’s use of the “law” analogy to refer to the priesthood and ministry (as we see elsewhere e.g. Hebrews 7:17-19). However, “covenant” could even be literally supplied correctly if Paul is using the idea of “covenant” in the broader sense of the rules and administration of those rules under the priesthood. This would be in contrast to 2 Corinthians 3 where he makes a distinction between the ministry and the covenant:

https://hebrewroots.communes.org/2020/11/29/2-corinthians-3-and-kal-va-homer/

The word for “disappear” is used to talk about the literal destruction of human things and concepts such as nations. This implies a human priesthood and ministry being destroyed with the destruction of the Temple: https://studybible.info/search-interlinear/strongs/854/start/30 This would be translated as follows:

In speaking of “new,” he has made the first obsolete. And what is obsolete and growing old will soon be destroyed.

(Hebrews 8:13 NRSV with my changes)

 

So it is entirely consistent with Torah to say literally that the “covenant” will be destroyed in the broader sense that it will become obsolete because the ministry that is part of it will be destroyed and is already in the process of being made obsolete by the Holy Spirit. Once the law is written on the heart by the Holy Spirit and is obeyed the curses incurred by Israel at Sinai become obsolete by their lack of a sinful target. However, Paul is probably just using the idea of “covenant” as an analogy for the priesthood. Either way I think he is using the idea of “covenant” in Jeremiah to explain the destruction of the Temple and the eventual destruction of the priesthood’s ministry. (there is some evidence that the sacrifices continued after the temple was destroyed) What is interesting is that Paul never supplies the word “covenant” why not? We shall see later.

Hebrews implies this destruction elsewhere:

8 By this the Holy Spirit indicates that the way into the sanctuary has not yet been disclosed as long as the first tent is still standing. 9 This is a symbol of the present time, during which gifts and sacrifices are offered that cannot perfect the conscience of the worshiper,

(Hebrews 9:8-9)

 

To shore up the fact that Hebrews 8:13 is indeed focusing on the priesthood and not the covenant rules you can observe the parallel in Hebrews 10:9 where it implies God is in the process of “taking up” the old sacrifices to replace it with the new ministration (probably the Holy Spirit). However, notice that when Paul talks about the “sacrifice” of Christ on the cross he uses the past tense perfect “sanctified” in contrast to him progressively “taking up” the priesthood in Hebrews 10:9 or the old covenant ministration progressively becoming obsolete in Hebrews 8:13. This is because the law takes time to be written on Israel’s heart in contrast to the discrete death of Christ on the cross.

8 When he said above, “You have neither desired nor taken pleasure in sacrifices and offerings and burnt offerings and sin offerings” (these are offered according to the law), 9 then he added, “See, I have come to do your will.” He [takes up] the first in order to establish the second. 10 And it is by God’s will that we have been sanctified through the offering of the body of Jesus Christ once for all.

(Hebrews 10:8-10 NRSV with my modification in verse 9)

 

Why does Paul leave out the word “covenant” in Hebrews 8:13? The entire context is about the priesthood but as an extra percaution Paul I think leaves out the word “covenant” because he doesn’t want you to think that the “covenant” in the more specific sense of God’s rules at Sinai will be done away with. God’s Sinai covenant is fine and its Levitical priesthood acted as the shadow to point to the greater priesthood of Christ. The Levitical priesthood can only be said to be “faulty” in that it did not accomplish what the new covenant priesthood will. Paul is using the covenants as analogies for the priesthoods: in a sense the new priesthood is so great that it is as if the Levitical priesthood was faulty. (kal-vahomer!)

Finally, Paul says it is becoming obsolete. This is at variance with those who insist this is related to the discrete work of Christ on the cross or in his resurrection:

But when Christ had offered for all time a single sacrifice for sins, “he sat down at the right hand of God,”

(Hebrews 10:12)

 

Rather, what Christ did on the cross was only the beginning of a process of the ministry of the Holy Spirit writing the law on our hearts which is better than the human priests who cannot actually take away sin:

And every priest stands day after day at his service, offering again and again the same sacrifices that can never take away sins.

(Hebrews 10:11)

 

The first covenant only becomes obsolete in the sense of its ministry because of the work of Christ through the holy spirit to write the law on Israel’s heart makes pointing to that work obsolete. However, that process was started by the discrete event of Christ going to heaven to send the Holy Spirit:

For this reason he is the mediator of a new covenant, so that those who are called may receive the promised eternal inheritance, because a death has occurred that redeems them from the transgressions under the first covenant.

(Hebrews 9:15)

 

” 14 For by a single offering he has perfected for all time those who are sanctified. 15 And the Holy Spirit also testifies to us, for after saying,

16 “This is the covenant that I will make with them
after those days, says the Lord:
I will put my laws in their hearts,
and I will write them on their minds,”

17 he also adds,

“I will remember their sins and their lawless deeds no more.”

18 Where there is forgiveness of these, there is no longer any offering for sin.

(Hebrews 10:14-18)

 

The last problematic chapter is 10:

1 Since the law has only a shadow of the good things to come and not the true form of these realities, it can never, by the same sacrifices that are continually offered year after year, make perfect those who approach. 2 Otherwise, would they not have ceased being offered, since the worshipers, cleansed once for all, would no longer have any consciousness of sin? 3 But in these sacrifices there is a reminder of sin year after year. 4 For it is impossible for the blood of bulls and goats to take away sins. 5 Consequently, when Christ came into the world, he said,

“Sacrifices and offerings you have not desired,
but a body you have prepared for me;
6 in burnt offerings and sin offerings
you have taken no pleasure.
7 Then I said, ‘See, God, I have come to do your will, O God’
(in the scroll of the book it is written of me).”

8 When he said above, “You have neither desired nor taken pleasure in sacrifices and offerings and burnt offerings and sin offerings” (these are offered according to the law), 9 then he added, “See, I have come to do your will.” He [takes up] the first in order to establish the second. 10 And it is by God’s will that we have been sanctified through the offering of the body of Jesus Christ once for all.

(Hebrews 10:1-10 NRSV with my modifications)

 

In verse 10 I’ve changed the word “abolishes” since it can also mean “take up” like how Pharaoh’s daughter “took [Moses] up” in Acts 7:21 https://studybible.info/search-interlinear/strongs/337/start/60 so it could mean that God took up the ministry of the covenant into heaven with a heavenly priesthood or it could mean that the ministry of the earthly priesthood is destroyed in order that the second ministry is established: to explain the destruction of the Temple.

Paul well knows that the Levitical priesthood will be reestablished in Ezekiel 44-48. Also Zechariah 14 talks of the festivals being reestablished at Jerusalem (so presumably the priesthood and the Temple is again in action) This is just Paul’s way of reassuring people in a time where it looked like the world had ended for Jews. The Temple was destroyed and the sacrifices ceased (or were soon going to) and people were wondering if they could still carry on. Paul tells them that this could have been completely expected and that it really isn’t a big deal after all since what the Temple pointed to was the true Temple in the heavens. I hope you are also reassured.

Conclusion

I think we see throughout this that the focus is on the priesthood being changed and that the “law” is just used as an analogy for it’s ministry and priesthood. The old covenant could only be said to become obsolete in the sense that the ministry of it (death) is no longer needed to bring awareness of sin with the new covenant perfecting people. Paul leaves no room in the context to say he is speaking of anything but the priesthood and even goes so far as to leave the word “covenant” out when making his analogy–yet people still misunderstand him.

  1. The new covenant is said to be better only to the degree that Jesus is a more excellent minister, this implies that the law/instructions remains the same for humans.
  2. Paul uses covenants as analogies for priesthoods just like he uses covenants as analogies for soteriologies or ministries in his other works.
  3. God finds fault with a plural entity: the priesthood or Israel, not a singular covenant.
  4. The term “faultless” https://studybible.info/search-interlinear/strongs/G273 is about being faultless under law (hence the transgression of the priesthood) and “finds fault” https://studybible.info/search-interlinear/strongs/G3201 is about complaining or finding fault.
  5. Paul knows that the Levitical priesthood was never designed to take away sin. If he calls it “faulty” it is only because of the failings of that priesthood or more likely because it is so inferior to the new priesthood that it is “faulty” by comparison.
  6. Paul is reassuring people. He does this by saying that the Temple could be expected to be destroyed since Christ had just come to inaugurate the new covenant and that when the old priesthood ceases to operate completely we will have an even better priesthood so take heart!

2 Corinthians 3 And Kal Va-Homer

Last updated: 2021-04-30

All verses are in the NRSV unless otherwise noted. Familiarize yourself with kal va-homer here: http://www.yashanet.com/studies/revstudy/hillel.htm

Was Paul Disparaging the Old Covenant?

Let start with some context. When the elders said to Paul “Thus all will know that there is nothing in what they have been told about you, but that you yourself observe and guard the law” (Acts 21:24) What this says (if you read the context) is the following:

1 Paul was not telling Jews to forsake the mosaic law

2 He was showing he was not doing this by his personal example of following the law

3 Paul himself observes and guards the law


It can be inferred from this that Paul thought the law was still valuable at least for Jews. What we have Paul say in 2 Corinthians 3 cannot contradict that. In addition Paul says that “For circumcision is indeed profitable if you keep the law; but if you are a breaker of the law, your circumcision has become uncircumcision.” (Romans 2:25)  “we uphold the law” (Romans 3:31)  “having in the law the embodiment of knowledge and truth” (Romans 2:20) “I delight in the law of God” (Rom 7:22) Paul connects sinning with being lawless and needing forgiveness: “Blessed are those whose lawless deeds are forgiven, And whose sins are covered” (Romans 4:7) To say the law is no longer relevant or truthful or defines what sin is at the time of Paul’s writing is to make Paul contradict himself.

Paul also says a covenant cannot be annulled and he often uses “law” as synonymous with “Sinai law” as he does in the following:

15 Brothers and sisters, I give an example from daily life: once a person’s will has been ratified, no one adds to it or annuls it. 16 Now the promises were made to Abraham and to his offspring; it does not say, “And to offsprings,” as of many; but it says, “And to your offspring,” that is, to one person, who is Christ. 17 My point is this: the law, which came four hundred thirty years later, does not annul a covenant previously ratified by God, so as to nullify the promise. 18 For if the inheritance comes from the law, it no longer comes from the promise; but God granted it to Abraham through the promise.

19 Why then the law? It was added because of transgressions, until the offspring would come to whom the promise had been made; and it was ordained through angels by a mediator. 20 Now a mediator involves more than one party; but God is one. 21 Is the law then opposed to the promises of God? Certainly not! For if a law had been given that could make alive, then righteousness would indeed come through the law. 22 But the scripture has imprisoned all things under the power of sin, so that what was promised through faith in Jesus Christ might be given to those who believe. (Gal 3:15-22)



However many people state that Paul declared an “end to the law.” This is a misconception that Jason Staples corrects in a comment on his blog referencing Romans 10:4. His response will give us context for interpreting 2 Corinthians 3:

Good question. This is a very difficult and controversial verse, as the word telos can mean a range of things, including “goal,” “end,” “culmination,” “climax,” etc.

I think the verse is best translated “For Christ is the culmination of the law for righteousness in everyone who trusts.”

What Paul’s referring to here is that Christ’s death and subsequent sending of the spirit has enabled righteousness in those who put their trust in Jesus, facilitating the righteousness the prophets had promised God would grant to Israel (e.g., Jeremiah 31:31–34, Ezek 36:24, Deut 30:1–10). That’s why he proceeds to explain that Jesus is the “one who does these things” and thereby lived by them—the resurrection is the proof that Jesus is the righteous one of the Torah, and it’s why he then quotes Deut 30 to explain that those who believed Israel needed to be sufficiently righteous to bring the messiah had things backwards—it’s not that Israel’s righteousness would bring the messiah, it’s that the messiah came to make Israel righteous.

https://www.jasonstaples.com/bible/paul-never-says-by-faith-alone/

Paul often uses the idea that the law brings death and knowledge of sin which allows Israel to accept grace and life under the new covenant. Paul seems to apply this idea to individuals in these passages using crucifixion as analogous with death and life in the new covenant as analogous with Israel’s and our righteousness/justification by faith. Essentially our failure to keep the law (similar to Israel) makes aware of our need for grace and allows us to be humble and accept it–we have faith in God and his grace and practice the law in thankfulness for being saved, rather than rely on the law itself:

For through the law I died to the law, so that I might live to God. I have been crucified with Christ; (Gal 2:19)

21 Is the law then opposed to the promises of God? Certainly not! For if a law had been given that could make alive, then righteousness would indeed come through the law. 22 But the scripture has imprisoned all things under the power of sin, so that what was promised through faith in Jesus Christ might be given to those who believe.
23 Now before faith came, we were imprisoned and guarded under the law until faith would be revealed. 24 Therefore the law was our disciplinarian until Christ came, so that we might be justified by faith. 25 But now that faith has come, we are no longer subject to a disciplinarian, 26 for in Christ Jesus you are all children of God through faith. 27 As many of you as were baptized into Christ have clothed yourselves with Christ. (Gal 3:21-26)

For the law brings wrath; but where there is no law, neither is there violation. (Romans 4:15)

12 Therefore, just as sin came into the world through one man, and death came through sin, and so death spread to all because all have sinned— 13 sin was indeed in the world before the law, but sin is not reckoned when there is no law. 14 Yet death exercised dominion from Adam to Moses, even over those whose sins were not like the transgression of Adam, who is a type of the one who was to come.
15 But the free gift is not like the trespass. For if the many died through the one man’s trespass, much more surely have the grace of God and the free gift in the grace of the one man, Jesus Christ, abounded for the many. 16 And the free gift is not like the effect of the one man’s sin. For the judgment following one trespass brought condemnation, but the free gift following many trespasses brings justification. 17 If, because of the one man’s trespass, death exercised dominion through that one, much more surely will those who receive the abundance of grace and the free gift of righteousness exercise dominion in life through the one man, Jesus Christ.
18 Therefore just as one man’s trespass led to condemnation for all, so one man’s act of righteousness leads to justification and life for all. 19 For just as by the one man’s disobedience the many were made sinners, so by the one man’s obedience the many will be made righteous. 20 But law came in, with the result that the trespass multiplied; but where sin increased, grace abounded all the more, 21 so that, just as sin exercised dominion in death, so grace might also exercise dominion through justification leading to eternal life through Jesus Christ our Lord. (Romans 5:12-21)

12 Therefore, do not let sin exercise dominion in your mortal bodies, to make you obey their passions. 13 No longer present your members to sin as instruments of wickedness, but present yourselves to God as those who have been brought from death to life, and present your members to God as instruments of righteousness. 14 For sin will have no dominion over you, since you are not under law but under grace.
15 What then? Should we sin because we are not under law but under grace? By no means! 16 Do you not know that if you present yourselves to anyone as obedient slaves, you are slaves of the one whom you obey, either of sin, which leads to death, or of obedience, which leads to righteousness? 17 But thanks be to God that you, having once been slaves of sin, have become obedient from the heart to the form of teaching to which you were entrusted, 18 and that you, having been set free from sin, have become slaves of righteousness. 19 I am speaking in human terms because of your natural limitations. For just as you once presented your members as slaves to impurity and to greater and greater iniquity, so now present your members as slaves to righteousness for sanctification.
20 When you were slaves of sin, you were free in regard to righteousness. 21 So what advantage did you then get from the things of which you now are ashamed? The end of those things is death. 22 But now that you have been freed from sin and enslaved to God, the advantage you get is sanctification. The end is eternal life. 23 For the wages of sin is death, but the free gift of God is eternal life in Christ Jesus our Lord. (Romans 6:12-23)

4 In the same way, my friends, you have died to the law through the body of Christ, so that you may belong to another, to him who has been raised from the dead in order that we may bear fruit for God. 5 While we were living in the flesh, our sinful passions, aroused by the law, were at work in our members to bear fruit for death. 6 But now we are discharged from the law, dead to that which held us captive, so that we are slaves not under the old written code but in the new life of the Spirit.
7 What then should we say? That the law is sin? By no means! Yet, if it had not been for the law, I would not have known sin. I would not have known what it is to covet if the law had not said, “You shall not covet.” 8 But sin, seizing an opportunity in the commandment, produced in me all kinds of covetousness. Apart from the law sin lies dead. 9 I was once alive apart from the law, but when the commandment came, sin revived 10 and I died, and the very commandment that promised life proved to be death to me. 11 For sin, seizing an opportunity in the commandment, deceived me and through it killed me. 12 So the law is holy, and the commandment is holy and just and good. (Romans 7:4-12)

Commentary on 2 Corinthians 3


1 Are we beginning to commend ourselves again? Surely we do not need, as some do, letters of recommendation to you or from you, do we?

I think David Guzik said it well on enduringword.com:

a. Epistles of commendation: Such letters were common and necessary in the early church. A false prophet or apostle could travel from city to city and easily say, “Paul sent me, so you should support me.” To help guard against problems like this, letters of recommendation were often sent with Christians as they traveled.

i. Paul himself sent letters of commendation on many occasions (Romans 16:1-21 Corinthians 16:316:10-112 Corinthians 8:16-24). Now Paul will describe his letter of recommendation.

https://enduringword.com/bible-commentary/2-corinthians-3/

Moving on to the next verses:

2 You yourselves are our letter, written on our hearts, to be known and read by all; 3 and you show that you are a letter of Christ, prepared by us, written not with ink but with the Spirit of the living God, not on tablets of stone but on tablets of human hearts. 4 Such is the confidence that we have through Christ toward God. 5 Not that we are competent of ourselves to claim anything as coming from us; our competence is from God, 6 who has made us competent to be ministers of a new covenant, not of letter but of spirit; for the letter kills, but the Spirit gives life.

3 . . . you are a letter of Christ: Letters of commendation are good but we having living commendations: you! (kal-vahomer)

5 Not that we are competent of ourselves to claim anything as coming from us; our competence is from God: We do not rely on ourselves for commendation just as we do not rely on ourselves to keep the letter of law (Sinai) to save us. We rely on Christ for commendation just as we rely on Christ to make Israel able to keep the law. Paul is using this an analogy to “works of the law” (an Essene teaching of purity and that keeping certain works distinguishes and saves you) compared with a soteriology of grace: the law simply makes you aware that you need to be saved so that you do works out of thankfulness to God for his grace.

6 . . . To be ministers of a new covenant, not of letter but of spirit; for the letter kills, but the Spirit gives life: The ministration of the law would bring death on its own since Israel broke Sinai just like a works of the law soteriology. However, Christ enables us to achieve the blessings of Sinai–life–by enabling Israel to keep the law by writing it on our hearts through the holy spirit (a down-payment of the coming fullness of the promises of Abraham)–a soteriology of grace. In fact, in the dead sea scrolls the “new covenant” refers to “the exact interpretation of the law” of the law. ( see: https://oxford.universitypressscholarship.com/view/10.1093/acprof:oso/9780199592104.001.0001/acprof-9780199592104-chapter-4 )

To quote from the book:

The oldest reference to the new covenant (CD 6:19) occurs in a document that is essentially a list of precepts (CD 6:19) occurs in a document that is essentially a list of precepts (CD 6:11-7:4) followed by a hortatory epilogue (CD 7:4-8:3). The way in which a number of the precepts are formulated indicates that their function was to server a reminders of points in a more detailed body of legal material, namely, the laws contained in CD 9-16. Thus, for example, the admonition ‘Keep the sabbath day according to its exact rules’ (CD 6:18) is meaningless without the precise legislation of CD 10:14-11-18. This legislation mentions two other covenants, the ‘covenant of Abraham’ (CD 12:11) and the ‘covenant which Moses concluded with Israel’ (CD 15:8-9). The relationship between these two covenants need not detain us here; it has been discussed thoroughly by R. F. Collins. What is important is the relationship between the Mosaic covenant and the new covenant.

The context of the allusion to the Mosaic covenant furnishes a partial answer:

Likewise is the ruling during the whole epoch of wickedness with regard to everyone who turns from his corrupt way. On the day that he speaks to the overseer of the Many, they shall muster him with the oath of the covenant which Moses concluded with Israel, namely, the covenant to return to the Law of Moses with all his heart and all his soul. (CD 15:6-10)

page 55 Keys to Second Corinthians Jerome Murphy-O’Connor https://oxford.universitypressscholarship.com/view/10.1093/acprof:oso/9780199592104.001.0001/acprof-9780199592104)

It is evidently a question of the reception of a new member into the Essene community, an interpretation that is confirmed by the renntetion of the central element in the recption ceremony at Qumran:

When they join the community, let whoever comes to the council of the community enter into the covenant of God in the presence of all the volunteers, and let him undertake by oath of the obligation to be converted to the Law of Moses according to all of his commands with all his heart and all his soul (1QS 5:7-9)

. . .

In essence the new covenant was but a renewal of the Mosaic covenant revitalized by the exploitation of its virtualities (cf. CD 5:8-11).

The intimate connection of the Essene new covenant with the law is confirmed by the other reference in the later stratum of CD:

All who entered the new covenant in the land of Damascus and who returned, and who acted treacherously and departed from the well of living water, shall not be reckoned in the council of the people and shall not be written in their records from the time the Teacher is gathered in until the arrival of the Messiah from Aaron and from Israel. (CD 19:33-5)

The shall receive the same judgment as their companions who turned back with the men scoffing, for they spoke heresy against the ordinance of righteousness and rejected the covenant and bond which they affirmed in the land of Damascus, that is, the new covenant. (CD 20:11-12)

(page 56 Keys to Second Corinthians Jerome Murphy-O’Connor https://oxford.universitypressscholarship.com/view/10.1093/acprof:oso/9780199592104.001.0001/acprof-9780199592104)

It should be noted however that the “The new covenant in CD is not thought of as the fulfillment of prophecy of Jer 31:31, and it is doubtful that it had any eschatological connotation in pre-Qumran usage.” (pg 55 ibid)

This makes sense since the new covenant will teach all men the law through Christ and write it on their heart so that they will not even need to teach each other. It has to be teaching more than just the words of the law if they are not teaching each other–since just knowing the words they would still need to interpret and teach the exact interpretation of those words.

Here we start seeing that it is talking about the “ministry” of the new and old covenants and not the covenants themselves:

7 Now if the ministry of death, [chiseled] (just means “impressed”) in letters on stone [tablets], came in glory so that the people of Israel could not gaze at Moses’ face because of the glory of his face, a glory now set aside, 8 how much more will the ministry of the Spirit come in glory? 9 For if there was glory in the ministry of condemnation, much more does the ministry of justification abound in glory! 10 Indeed, what once had glory has lost its glory because of the greater glory; 11 for if what was set aside came through glory, much more has the permanent come in glory! (2 Cor 3 NRSV with my modifications)

7 . . . came in glory so that the people of Israel could not gaze at Moses’ face because of the glory of his face, a glory now set aside: I thought for a while that “came in glory” (in verse 7) and “came through glory” (in verse 11) might be making a distinction. Maybe one is talking about the covenant and the other is talking about the ministry of the covenant. However, I think that would be too confusing even for Paul. I think the subject is the ministry of the covenants throughout 2 Corinthians 3:3-13.

The fact is that the “ministration” (διακονία) of the old covenant is the subject here, not the covenant itself and this is referring to the same thing that is spoken of in 2 Cor 3:7-10 since Paul does vary his prepositions to express the same relation and it would be at variance with the context. Even Christian commentators have agreed with this, such as Meyer’s N.T. Commentary which also says that this cannot refer to the “mosaic religion in general”

τὸ καταργούμενονthat which is in the act of passing away. This the reader was to apply to the διακονία of Moses[164] spoken of in 2 Corinthians 3:7-10, in so far, namely, as this ministry is in the course of its abolition through the preaching of the gospel by means of the διακονία τῆς δικαιοσύνης. . . .

διὰ δόξηςsc.ἐστιδιά expresses the situation, condition, and so is a circumlocution for the adjective. Stallbaum, ad Plat. Phileb. p. 192; Bernhardy, p. 235; Fritzsche, ad Rom. I. p. 138. ἐν δόξῃ (2 Corinthians 3:7) is not different in sense; but the supposition of Estius, Billroth, Olshausen, Osiander, Neander, Hofmann, that διά indicates only what is transient, and ἐν what is abiding, is mere fancy. Paul is fond of varying the prepositions in designating the same relation. Comp. Romans 3:30Romans 5:10Romans 15:2Galatians 2:16Philemon 1:5. Comp. also Kühner, II, p. 319.

[164] Not to the Mosaic religion in general, which ceases through Christ (Theodoret, Theophylact, and many others, including Emmerling and Flatt),—which is quite at variance with the context. See vv. 7–10.

https://biblehub.com/commentaries/meyer/2_corinthians/3.htm

Interestingly the form of the word indicates the glory of Moses face is in the process of being set aside which means it’s not literally talking about Moses’s face but rather the ministry of death. Once Sinai brings death and makes Israel aware of it’s sin, Israel can then accept grace and humbly repent allowing the law to be written their hearts.

8 how much more will the ministry of the Spirit come in glory: If the ministry of death was awesome the ministry of the new covenant will be even better because it redeems from death. Kal va-homer!

Note that it contrasts the ministry of death with the ministry of the Spirit. Thayer’s in fact defines the word “ministry” as:

1) service, ministering, esp. of those who execute the commands of others
2) of those who by the command of God proclaim and promote religion among men
2a) of the office of Moses
2b) of the office of the apostles and its administration
. . .

https://studybible.info/strongs/G1248

The Spirit writes the law on our hearts but it is not the law itself. The ministry of death is the ministry of Sinai but is not Sinai itself. Sinai brings death because of transgression, yet it is not death itself: so the separation between the covenant and the ministry spoken of here is of two degrees: death not being Sinai, and the ministry not being death itself. Later Paul in fact parallels himself with Moses a minister of a covenant:

12 Since, then, we have such a hope, we act with great boldness, 13 not like Moses, who put a veil over his face to keep the people of Israel from gazing at the end of the glory that was being set aside. (2 Cor 3:13)

So why does it refer to the “the ministry of death, [impressed] in letters on stone?” It might be referring to the giving of the law by mediators at mount Sinai of which Moses was one:

19 Why then the law? It was added because of transgressions, until the offspring would come to whom the promise had been made; and it was ordained through angels by a mediator. 20 Now a mediator involves more than one party; but God is one. (Galatians 3:19-20)

2 For if the message declared through angels was valid, and every transgression or disobedience received a just penalty, 3 how can we escape if we neglect so great a salvation? It was declared at first through the Lord, and it was attested to us by those who heard him, (Hebrews 2:2-3)

You are the ones that received the law as ordained by angels, and yet you have not kept it.” (Acts 7:53)

However, the word “chiseled” could be translated “impressed” (as the ABP) and the word “tablets” is supplied, so I think this language is not even referring to the giving of the law at Sinai but talking about the symbols used for the work of the ministry of Sinai as opposed to the ministry of the Holy Spirit in other places. The word “letters” has already been used by Paul in 2 Cor 3 to speak of the ministry of Sinai https://studybible.info/search-interlinear/strongs/G1121 and it uses the same language to contrast the “stone” with the “Spirit” in Ezekiel:

19 I will give them one heart, and put a new spirit within them; I will remove the heart of stone from their flesh and give them a heart of flesh, 20 so that they may follow my statutes and keep my ordinances and obey them. Then they shall be my people, and I will be their God. (Ezekiel 11:19-20)

26 A new heart I will give you, and a new spirit I will put within you; and I will remove from your body the heart of stone and give you a heart of flesh. 27 I will put my spirit within you, and make you follow my statutes and be careful to observe my ordinances. (Ezekiel 36:26-27)

Even if it is really talking about the covenant and not the ministry we are left with the fact that Paul is using ministry of death as a symbol. If this is a symbol then Paul could be using the ministry of death as a symbol for the covenant’s effects or for works of law like he does in other places in Galatians and Romans. However, I have taken the ministry view since it is repeated consistently throughout 2 Corinthians 3:3,7,8,9a,9b, 2 Corinthians 4:1,2 and Corinthians 5:18 and Paul seems to be drawing attention to this qualifier to avoid talking about the covenants themselves.

9 For if there was glory in the ministry of condemnation, much more does the ministry of justification abound in glory!: The ministry of Sinai came in glory and it brought death, how much more glorious is the ministry of the new covenant that will bring life? Again this could be an analogy for comparing a soteriology of works of law to faith/grace which Paul does in his other writings. Notice, that the glory of that ministry is in the process of being “set aside” that is associated with the ministry of Sinai not the covenant of Sinai itself. It is set aside by the natural reason that Israel no longer needs to experience the curses of Sinai if they have been perfected under the new covenant and are following the law–instead they will achieve the blessings of Sinai–life–through the promises of Abraham and through the Moabite covenant. I talk about this in more detail here:

11 for if what was set aside came through glory, much more has the permanent come in glory!: The glory of Moses’s face faded after he talked with God and his ministry (the ministry of the old covenant) will be set aside but in the new covenant everyone will have direct access to God through the holy spirit and the glory of the new covenant will never fade because that ministry is forever!

According to Galatians 3 and Romans 7 the old covenant curses must still apply–otherwise why do we need to be saved from it? In addition, we will see why the old covenant cannot be set aside because of Matthew’s statements and by what is implied by Paul in Ephesian 2 and Colossians 2. The fact is what is being “set aside” here is not the old covenant.

We will see the journey of Israel being used as an analogy for the journey individuals as we move on in 2 Cor 3. However, the analogies used here are more subtle than they are in Romans and Galatians:

12 Since, then, we have such a hope, we act with great boldness, 13 not like Moses, who put a veil over his face to keep the people of Israel from gazing at the end of the glory that was being set aside.

We do not hide the glory of the ministry of the law like Moses did but preach the correct understanding of the law boldly! This is because the ministry of the new covenant brings us closer to God unlike the ministry of the old covenant which only had the letter and not the spirit. The ministry of the new covenant allows us to come more boldly to God and have confidence in our understanding of the law because of the holy spirit writing it on our hearts.

14 But their minds were hardened. Indeed, to this very day, when they hear the reading of the old covenant, that same veil is still there, since only in Christ is it set aside. 15 Indeed, to this very day whenever Moses is read, a veil lies over their minds; 16 but when one turns to the Lord, the veil is removed.

Only Christ through the Holy Spirit and the ministry of the new covenant allows you to break the barrier between the law and your heart (what the NRSV more accurately translates as “mind”) which is the hardness of our hearts so we can receive the law in our hearts.

17 Now the Lord is the Spirit, and where the Spirit of the Lord is, there is freedom. 18 And all of us, with unveiled faces, seeing the glory of the Lord as though reflected in a mirror, are being transformed into the same image from one degree of glory to another; for this comes from the Lord, the Spirit. (2 Corinthians 3:1-18)

Christ allows us to keep the law and have freedom from the Curses of Sinai. The new covenant through the holy spirit makes us more into an image of Christ who fulfilled the law.

Commentary on 2 Corinthians 4

1 Therefore, since it is by God’s mercy that we are engaged in this ministry, we do not lose heart. 2 We have renounced the shameful things that one hides; we refuse to practice cunning or to falsify God’s word; but by the open statement of the truth we commend ourselves to the conscience of everyone in the sight of God.

We do not water down the gospel by saying (as some of Paul’s opponents have said) that works of the law are necessary along with Christ for salvation. To put your trust in keeping the law well enough or certain works of the law (like circumcision) well enough is to veil the gospel and make Christ useless.

3 And even if our gospel is veiled, it is veiled to those who are perishing. 4 In their case the god of this world has blinded the minds of the unbelievers, to keep them from seeing the light of the gospel of the glory of Christ, who is the image of God.

The gospel can also be misunderstood just like the law and this will cause people to perish.

5 For we do not proclaim ourselves; we proclaim Jesus Christ as Lord and ourselves as your slaves for Jesus’ sake. 6 For it is the God who said, “Let light shine out of darkness,” who has shone in our hearts to give the light of the knowledge of the glory of God in the face of Jesus Christ.

This is a quote from Isaiah 9:2 in the context of the Millennial kingdom and the return of the lost tribes (both things that Christ started the process for with his sending of the holy spirit) https://www.biblegateway.com/passage/?search=Isaiah+9 the NKJV notes also include Malachi 4:2, Luke 1:78 and 2 Peter 1:19 which I think have similar messianic themes. Meyer’s N.T. Commentary also includes Isaiah 60:1

[195] Ewald, following the reading λάμψει, supposes an allusion to Isaiah 60:1, Job 12:22, or to some lost passage.

https://biblehub.com/commentaries/meyer/2_corinthians/4.htm

There are some parallels to observe with Isaiah 60 and Paul’s mission to Israel and the lost tribes here:

7 But we have this treasure in clay jars, so that it may be made clear that this extraordinary power belongs to God and does not come from us.

This same word for “clay jars” is used in Jeremiah 19:1,19:11,19:14. This is right after chapter 18 which speaks of the Israel as clay being shaped by a potter and evil being intended for Israel in the form of exile from the land and loss of nationhood:

6 Can I not do with you, O house of Israel, just as this potter has done? says the Lord. Just like the clay in the potter’s hand, so are you in my hand, O house of Israel. 7 At one moment I may declare concerning a nation or a kingdom, that I will pluck up and break down and destroy it, 8 but if that nation, concerning which I have spoken, turns from its evil, I will change my mind about the disaster that I intended to bring on it. 9 And at another moment I may declare concerning a nation or a kingdom that I will build and plant it, 10 but if it does evil in my sight, not listening to my voice, then I will change my mind about the good that I had intended to do to it. 11 Now, therefore, say to the people of Judah and the inhabitants of Jerusalem: Thus says the Lord: Look, I am a potter shaping evil against you and devising a plan against you. Turn now, all of you from your evil way, and amend your ways and your doings.

(Jeremiah 18:6-11)

Jeremiah 19 speaks of the breaking of these vessels, hence the exile of Israel and hence the lost tribes:

10 Then you shall break the jug in the sight of those who go with you, 11 and shall say to them: Thus says the Lord of hosts: So will I break this people and this city, as one breaks a potter’s vessel, so that it can never be mended. In Topheth they shall bury until there is no more room to bury. 12 Thus will I do to this place, says the Lord, and to its inhabitants, making this city like Topheth. 13 And the houses of Jerusalem and the houses of the kings of Judah shall be defiled like the place of Topheth—all the houses upon whose roofs offerings have been made to the whole host of heaven, and libations have been poured out to other gods. (Jeremiah 19:10-13)

Likewise the same word for clay jars in 2 Corinthians 4:6 is used in Isaiah 30:14 and in Isaiah chapter 29 it speaks also of Israel as clay vessels:

13 The Lord said:
Because these people draw near with their mouths
and honor me with their lips,
while their hearts are far from me,
and their worship of me is a human commandment learned by rote;
14 so I will again do
amazing things with this people,
shocking and amazing.
The wisdom of their wise shall perish,
and the discernment of the discerning shall be hidden.

15 Ha! You who hide a plan too deep for the Lord,
whose deeds are in the dark,
and who say, “Who sees us? Who knows us?”
16 You turn things upside down!
Shall the potter be regarded as the clay?
Shall the thing made say of its maker,
“He did not make me”;
or the thing formed say of the one who formed it,
“He has no understanding”? (Isaiah 29:13-16)

Likewise Isaiah 30 speaks of the breaking of these vessels:

12 Therefore thus says the Holy One of Israel:
Because you reject this word,
and put your trust in oppression and deceit,
and rely on them;
13 therefore this iniquity shall become for you
like a break in a high wall, bulging out, and about to collapse,
whose crash comes suddenly, in an instant;
14 its breaking is like that of a potter’s vessel
that is smashed so ruthlessly
that among its fragments not a sherd is found
for taking fire from the hearth,
or dipping water out of the cistern.

(Isaiah 30:12-14)

Similar language is used to refer to Israel in Hosea as vessels of wrath (Israel who was exiled) and vessels of mercy (Judah who stayed in the land) Paul uses this language also in Romans 9 to refer to the same thing.

What I think Paul is doing in 2 Cor 4:6-7 is talking about the light of Christ in the new covenant that would have been hidden in Israel if the lost tribes had not been exiled and suffered. It is only by the suffering and exile of the lost tribes that the clay vessels are broken and the light of Christ is revealed to all the nations:

6 For it is the God who said, “Let light shine out of darkness,” who has shone in our hearts to give the light of the knowledge of the glory of God in the face of Jesus Christ.7 But we have this treasure in clay jars, so that it may be made clear that this extraordinary power belongs to God and does not come from us.

(2 Corinthians 4:6-7)

For more information on these symbols see:

8 We are afflicted in every way, but not crushed; perplexed, but not driven to despair; 9 persecuted, but not forsaken; struck down, but not destroyed; 10 always carrying in the body the death of Jesus, so that the life of Jesus may also be made visible in our bodies. 11 For while we live, we are always being given up to death for Jesus’ sake, so that the life of Jesus may be made visible in our mortal flesh. 12 So death is at work in us, but life in you.

13 But just as we have the same spirit of faith that is in accordance with scripture—“I believed, and so I spoke”—we also believe, and so we speak,

It continues on talking about the suffering of Israel and the lost tribes. “I believe, and so I spoke” is a quote from Psalm 116:10 and Psalm 116 is about the millennial kingdom where all peoples will worship God:

It is a question of the praise of the Lord by all peoples. The second verse expresses the reason for the first verse: the goodness of the Lord has been experienced in the past, and his faithfulness will last forever. If we take into consideration the whole book of psalms, we see that this psalm comes to sum up and conclude all the psalms of the hallel, and even all the preceding psalms since Psalm 107, for they invite Israel and all nations to praise ‘Eternal.

https://en.wikipedia.org/wiki/Psalm_116

Psalm 116:10 specifically refers to speaking of the deliverance from death that was received in verse 8-9:

8 For you have delivered my soul from death,
my eyes from tears,
my feet from stumbling.
9 I walk before the Lord
in the land of the living.
10 I kept my faith, even when I said,
“I am greatly afflicted”; (Psalm 116:8-10)

Moving on in 2 Corinthians 3:14-15:

14 because we know that the one who raised the Lord Jesus will raise us also with Jesus, and will bring us with you into his presence. 15 Yes, everything is for your sake, so that grace, as it extends to more and more people, may increase thanksgiving, to the glory of God.

The Resurrection of Israel in the millennial kingdom will be extended to more and more people from other nations with the deliverance from the ministry of death.

16 So we do not lose heart. Even though our outer nature is wasting away, our inner nature is being renewed day by day. 17 For this slight momentary affliction is preparing us for an eternal weight of glory beyond all measure, 18 because we look not at what can be seen but at what cannot be seen; for what can be seen is temporary, but what cannot be seen is eternal. (2 Corinthians 4:1-18)

This present life is temporary and is a forshadowing of life with God since we are saved through the new covenant enabling Israel to keep the law and by having the law written on our hearts.

Paul compares Moab to Sinai in Romans 10 and the Abrahamic Covenant to Sinai in Galatians 3–as an analogy for faith and works of law. In 2 Corinthians 3 I believe he is comparing Sinai (specifically its curses) to the new covenant an analogy of works of law verses faith .

What is Set Aside?

Ephesians 2:15 uses the same language for “set aside” as in 2 Corinthians 3:7, 2 Corinthians 3:11, and 2 Corinthians 3:13. Ephesians cannot be referring to the law being “set aside” because it has a parallel in Colossians 2:14 which specifically talks about human philosophy and elemental spirits not law. Therefore the language of “set aside” must refer to something human there and I believe it does refer to that in 2 Cor 3 too: salvation by works of the law.

If the law is καταργήσας [in Eph 2:14] then it is no longer in effect at all–it is not just surpressed. This is because the “law of commands and ordinances” is referred to as the “hostility between us” and it says that he has “broken down” or “loosed” the hostility between us:

“For he is our peace; in his flesh he has made both groups into one and has broken down the dividing wall, that is, the hostility between us. 15 He has abolished the law with its commandments and ordinances, that he might create in himself one new humanity in place of the two, thus making peace” (Eph 2:14-15)

This is the same word used in Matthew 5:19, 6:19

Therefore, whoever breaks one of the least of these commandments, and teaches others to do the same, will be called least in the kingdom of heaven; but whoever does them and teaches them will be called great in the kingdom of heaven. (Matthew 5:19)

I will give you the keys of the kingdom of heaven, and whatever you bind on earth will be bound in heaven, and whatever you loose on earth will be loosed in heaven.” (matthew 16:19)

It can’t use the same word to describe what has been done to the law that it uses to say in Matthew 5:19 will never be done to the law. Therefore, in Ephesians 2:14-15 it can’t be referring to the law and if you look at the parallel in Colossians 2 this is evident since it refers to proto-gnostic human teachings:

Paul described the heresy in Colossae as a “hollow and deceptive philosophy, which depends on human tradition and the elemental spiritual forces of this world” (Col. 2:8 cf. Col. 2:4, 18). Gnostics believed that they alone had wisdom (sophia) and knowledge (gnōsis). Paul stated, however, that true wisdom and knowledge are hidden in Christ (Col. 2:3).  

A pre-gnostic or syncretistic heresy was also being taught in the church at Ephesus.[3] Paul addressed aspects of this heresy in his letters to Timothy. Timothy was caring for the church at Ephesus at that time.[4]

https://margmowczko.com/kephale-gnosticism-paul/ also see: https://gnosticteachings.org/glossary/e/2321-elementals.html

8 See to it that no one takes you captive through philosophy and empty deceit, according to human tradition, according to the elemental spirits of the universe, and not according to Christ. 9 For in him the whole fullness of deity dwells bodily, 10 and you have come to fullness in him, who is the head of every ruler and authority. 11 In him also you were circumcised with a spiritual circumcision, by putting off the body of the flesh in the circumcision of Christ; 12 when you were buried with him in baptism, you were also raised with him through faith in the power of God, who raised him from the dead. 13 And when you were dead in trespasses and the uncircumcision of your flesh, God made you alive together with him, when he forgave us all our trespasses, 14 erasing the record that stood against us with its legal demands. He set this aside, nailing it to the cross. 15 He disarmed the rulers and authorities and made a public example of them, triumphing over them in it.

16 Therefore do not let anyone condemn you in matters of food and drink or of observing festivals, new moons, or sabbaths. 17 These are only a shadow of what is to come, but the substance belongs to Christ. 18 Do not let anyone disqualify you, insisting on self-abasement and worship of angels, dwelling on visions, puffed up without cause by a human way of thinking, 19 and not holding fast to the head, from whom the whole body, nourished and held together by its ligaments and sinews, grows with a growth that is from God.

20 If with Christ you died to the elemental spirits of the universe, why do you live as if you still belonged to the world? Why do you submit to regulations, 21 “Do not handle, Do not taste, Do not touch”? 22 All these regulations refer to things that perish with use; they are simply human commands and teachings. 
(Colossians 2:8-22)

Conclusion

So to sum up 2 Corinthians 3 I believe it is talking about an understanding of the law. Just as a true understanding of the law can be veiled and misunderstood so can a true understanding of the gospel and hence salvation. Observe the following:

  1. 2 Cor 3 is referring to the ministry of the covenants and not the covenants themselves.
  2. . “NOT OF THE LETTER but of the Spirit. For the letter kills, but the Spirit gives life” The letter without the work of the spirit will bring death since we cannot keep the law without the holy spirit writing it on our hearts.
  3. “the ministry of death, carved in letters on stone” refers to the curses of Sinai (Sinai had blessings too)
  4. 2 Cor 3 merely refers back to the new covenant which is simply the law being written on our hearts and in the Dead Sea Scrolls is used to refer to ‘the exact interpretation of the law’ (see: https://oxford.universitypressscholarship.com/view/10.1093/acprof:oso/9780199592104.001.0001/acprof-9780199592104-chapter-4 )–which the new covenant brings us through it being put on our hearts by the holy spirit. So even if the letters of the Sinai covenant pass away it has no semantic effect since the same law is written on our hearts anyway.
  5. Paul uses the Sinai covenant as an analogy to compare a soteriology based on works of law (since that understanding would lead to death since Israel broke the Sinai covenant and needed redemption from it’s curses) to a soteriology based on faith (since Christ would enable Israel to be righteous under the Sinai covenant through the holy spirit writing the law on our hearts) I talk about some of these ideas here: https://hebrewroots.communes.org/2018/11/04/the-two-covenants-of-galatians-4/
  6. “the people of Israel could not gaze at Moses’ face because of the glory of his face, a glory now set aside” Notice it is the glory that is “set aside” not the old covenant itself since through the work of the holy spirit Israel will attain the blessings of the old covenant.
  7. As we have already discussed the language of “set aside” is used in Ephesians and Colossians to talk about human teachings being set aside.
  8. For a kal va-homer argument to work the thing you are comparing needs to be good already. I can’t say that my living room is well-lit because “my basement has no lights how much brighter is my living room?” The argument is meaningless. Maybe my living room is brighter than my basement but it doesn’t mean my living room well-lit because there is literally no light in my basement. For the new covenant to be great the old covenant has to be good at least and not something that is just set aside.

The Torah Was Before Sinai

last updated 2021-07-31

Abraham Followed the Torah

All verses are in the NRSV unless otherwise noted. The first occurrence of the word “torah” H8451 in the Bible is here:

because Abraham obeyed my voice and kept my charge, my commandments, my statutes, and my laws.” H8451

(Gen 26:5)

That is parallel with Deuteronomy 11:1 which uses all those words but replaces “torah” with “mishpat” (judgments) and that word “mishpat” is also used in Gen 18:19:

No, for I have chosen him, that he may charge his children and his household after him to keep the way of the Lord by doing righteousness and justice; H4941 thaso that the Lord may bring about for Abraham what he has promised him.”

(Gen 18:19)

We also have Moses instructing the Children of Israel in these concepts before Sinai, specifically “torah” H8451 and “choq” H2706

15 Moses said to his father-in-law, “Because the people come to me to inquire of God. 16 When they have a dispute, they come to me and I decide between one person and another, and I make known to them the statutes H2706 and instructions H8451 of God.

(Exodus 18:15-16)

So there’s a parallel between Gen 26:5 and Deut 11:1 and these words are used to describe what Abraham obeyed from God and they are all used to describe what God gave the children of Israel at Sinai. In addition, the one-word “tsadaka” in Gen 18:19 that doesn’t occur in the places we already mentioned is used here:

No, for I have chosen him, that he may charge his children and his household after him to keep the way of the Lord by doing righteousness and justice; H6666 so that the Lord may bring about for Abraham what he has promised him.”

(Gen 18:19)

And it will be righteousness H6666 for us, if we are careful to do all this commandment before the Lord our God, as he has commanded us.’

(Deu 6:25 ESV)

In addition the word mitzvah used in Deu 6:25 is also in Gen 26:5

because Abraham obeyed my voice and kept my charge, my commandments, H4687 my statutes, and my laws.”

(Gen 26:5)

A full color-coded comparison is here:

Gen 18:19 . . . צְדָקָה וּמִשְׁפָּט . . .
Gen 26:5 מִשְׁמֶרֶת מִצְוָה חֻקָּה תּוֹרָה . . .
Ex 18:16 חֻקֵּי . . . תֹּורֹתָֽיו . . .
Deu 6:25 מִצְוָה . . . וּצְדָקָה . . .
Deut 11:1 מִשְׁמֶרֶת חֻקָּה מִשְׁפָּט מִצְוָה . . .

Here it is displayed out of order so you can see the parallel in Deut 11:1 and Gen 26:5 more easily:

Gen 26:5 מִשְׁמֶרֶת מִצְוָה חֻקָּה תּוֹרָה . . .
Deut 11:1 מִשְׁמֶרֶ חֻקָּה מִשְׁפָּט מִצְוָה . . .
Ex 18:16 חֻקֵּי . . . תֹּורֹתָֽיו . . .
Gen 18:19 . . . צְדָקָה וּמִשְׁפָּט . . .
Deu 6:25 מִצְוָה . . . וּצְדָקָה . . .

I’m not saying that every law in the Torah was known or followed before Sinai, the tabernacle did not exist and the levitical priesthood was not setup so there are plenty of laws that just didn’t apply at that time. What I am arguing however is that the law does not change unless the situation changes.

The Festivals Were Setup in Genesis

In addition the word “Moed” in Genesis 1:14 can be argued to be referring to “festivals” see the following paper:

And God said, “Let there be lights in the dome of the sky to separate the day from the night; and let them be for signs and for seasons H4150 and for days and years,

(Gen 1:14)

Shavuot Was Celebrated by Noah

The idea that Shavuot (one of the festivals) was observed before Sinai appears early in the Dead Sea Scrolls in Jubilees according to britannica.com:

Jubilees, in its final form, was likely written about 100 BC, though it incorporates much older mythological traditions.

https://www.britannica.com/topic/Book-of-Jubilees

Here is the passage from Jubilees:

17* Therefore, it is ordained and written in the heavenly tablets that they should observe the feast of Shebuot in this month, once per year, in order to renew the is covenant in all (respects), year by year. 18* And all of this feast was celebrated in heaven from the day of creation until the days of Noah, twenty-six jubilees and five weeks of years. And Noah and his children kept it for seven jubilees and one week of years until the day of the death of Noah. And from the day of the death of Noah, his sons corrupted it until the days of Abraham, and they ate blood. 19 But Abraham alone kept it. And Isaac and Jacob and his sons kept it until your days, but in your days the children of Israel forgot it until you renewed it for them on this mountain.

20 And you, command the children of Israel so that they might keep this feast in all of their generations as a commandment to them. One day per year in this month they shall celebrate the feast, 21* for it is the feast of Shebuot and it is the feast of the first fruits. This feast is twofold and of two natures. Just as it is written and engraved concerning it, observe it. 22 This is because I have written it in the book of the first law, which I wrote for you, so that you might observe it in each of its appointed times, one day per year. And I have told you its sacrificial offering so that the children of Israel might remember them and observe them in their generations in this month one day each year.

23* And on the first of the first month and on the first of the fourth month and on the first of the seventh month and on the first of the tenth month are the days of remembrance and they are the days of appointed times in the four parts of the year. They are written and inscribed for an eternal witness. 24 And Noah ordained them for himself as feasts for eternal generations because they were a memorial for him. 25 And on the first of the first month, he was told to make an ark. And on it the land dried up, and he opened up and saw the land. 26* And on the first of the fourth month, the mouths of the deeps of the abysses which were beneath were shut. And on the first of the seventh month, all of the mouths of the depths of the earth were opened, and the water began to go down into them. 27 On the first of the tenth month the heads of the mountains appeared, and Noah rejoiced. 28 And therefore he ordained them for himself as feasts of remembrance forever, and thus they are ordained. 29 And they set them upon the heavenly tablets. Each one of them is thirteen weeks from one to another of the remembrances, from the first to the second, and from the second to the third, and from the third to the fourth. 30 And all of the days which will be commanded will be fifty-two weeks of days, and all of them are a complete year. 31 Thus it is engraved and ordained on the heavenly tablets, and there is no transgressing in a single year, from year to year. [1] (Charlesworth, J. H. (1985).

The Old Testament pseudepigrapha and the New Testament: Expansions of the “Old Testament” and Legends, Wisdom, and Philosophical Literature, Prayers, Psalms and Odes, Fragments of Lost Judeo-Hellenistic Works (Vol. 2, pp. 67–68). New Haven; London: Yale University Press.) (Jubilees 6.16–31)

Genesis Had the Same Dietary Laws

Changing the subject slightly there are a few places where people say Genesis implies that the dietary laws changed, one is here:

28 God blessed them, and God said to them, “Be fruitful and multiply, and fill the earth and subdue it; and have dominion over the fish of the sea and over the birds of the air and over every living thing that moves upon the earth.” 29 God said, “See, I have given you every plant yielding seed that is upon the face of all the earth, and every tree with seed in its fruit; you shall have them for food. 30 And to every beast of the earth, and to every bird of the air, and to everything that creeps on the earth, everything that has the breath of life, I have given every green plant for food.” And it was so (Gen 1:28-30)

I think this is a misconception. In Gen 1 God creates the food chain (in general) from the bottom up: Gen 1:11 (vegetation), Gen 1:20 (sea creatures and birds), Gen 1:20 (cattle and creeping things and wild animals), Gen 1:26 (humans). It even says that man shall:

“. . . have dominion over the fish of the sea and over the birds of the air and over every living thing that moves upon the earth” (Gen 1:28)

So this seems to be about God giving sustenance to all animals through his provision of plants. In addition it seems that either the accounts in Gen 1 and 2 are contradictory (since God in Gen 2 has not yet made animals at all) or that God had not actually provided animals in the garden for Adam at first. (hence Gen 1 is an account of creation overall and Gen 2 is more specific to the garden) Therefore when God says “I give you every green plant for food” he is speaking to a state where there are no animals to choose from yet so he can’t be said to imply “you can’t eat meat.” See below:

18 Then the Lord God said, “It is not good that the man should be alone; I will make him a helper as his partner.” 19 So out of the ground the Lord God formed every animal of the field and every bird of the air, and brought them to the man to see what he would call them; and whatever the man called every living creature, that was its name. 20 The man gave names to all cattle, and to the birds of the air, and to every animal of the field; but for the man there was not found a helper as his partner. (Gen 2:18-20)

There are a couple arguments against the idea that this was a state where there are no animals yet:

1 The ESV translates 19 as “Now out of the ground the Lord God had formed every beast of the field . . .” This suggests that it is referring to the creation of animals in Gen 1

2 “I will make him a helper as his partner” actually refers to Eve and not the animals.

The problem is that “So” (in my preferred translation the NRSV) at the beginning of the verse connects the creation and presentation of the animals with finding a helper for Adam and that verse 18 “I will make him a helper as his partner” is parallel with verse 20 “but for the man there was not found a helper as his partner,” so we have the animals being presented as possible helpers to Adam

Also compare with the fact that it focuses on the garden at the beginning of the chapter:

In the day that the Lord God made the earth and the heavens, 5 when no plant of the field was yet in the earth and no herb of the field had yet sprung up—for the Lord God had not caused it to rain upon the earth, and there was no one to till the ground; 6 but a stream would rise from the earth, and water the whole face of the ground— 7 then the Lord God formed man from the dust of the ground, and breathed into his nostrils the breath of life; and the man became a living being. 8 And the Lord God planted a garden in Eden, in the east; and there he put the man whom he had formed.
. . .
15 The Lord God took the man and put him in the garden of Eden to till it and keep it. 16 And the Lord God commanded the man, “You may freely eat of every tree of the garden; 17 but of the tree of the knowledge of good and evil you shall not eat, for in the day that you eat of it you shall die.” (Genesis 2:15-17)

Interestingly enough the story in Genesis 2 seems to have the order of creation differently (if you try to say it is talking about the same thing that Gen 1 is and is not just talking about the garden)

. . . In the day that the Lord God made the earth and the heavens, 5 when no plant of the field was yet in the earth and no herb of the field had yet sprung up—for the Lord God had not caused it to rain upon the earth, and there was no one to till the ground; 6 but a stream would rise from the earth, and water the whole face of the ground— 7 then the Lord God formed man from the dust of the ground, and breathed into his nostrils the breath of life; and the man became a living being. 8 And the Lord God planted a garden in Eden, in the east; and there he put the man whom he had formed. 9 Out of the ground the Lord God made to grow every tree that is pleasant to the sight and good for food, the tree of life also in the midst of the garden, and the tree of the knowledge of good and evil. (Gen 2:4-9)

This shows it must be talking about specifically the land of Israel or the land around Eden, not the entire earth.

What about the dietary requirements in Gen 9:3?

Every moving thing that lives shall be food for you; and just as I gave you the green plants, I give you everything. (Genesis 9:3)

No, the context is clearly about having the power and ability to eat said animals, not about being given permission. The phrase “just as I gave you the green plants” merely means “you will have the ability to eat ALL the animals just as you have with the plants.” Obviously not all plants or animals are good to eat:

1 God blessed Noah and his sons, and said to them, “Be fruitful and multiply, and fill the earth. 2 The fear and dread of you shall rest on every animal of the earth, and on every bird of the air, on everything that creeps on the ground, and on all the fish of the sea; into your hand they are delivered. 3 Every moving thing that lives shall be food for you; and just as I gave you the green plants, I give you everything. 4 Only, you shall not eat flesh with its life, that is, its blood. 5 For your own lifeblood I will surely require a reckoning: from every animal I will require it and from human beings, each one for the blood of another, I will require a reckoning for human life.

6 Whoever sheds the blood of a human,
by a human shall that person’s blood be shed;
for in his own image
God made humankind.

7 And you, be fruitful and multiply, abound on the earth and multiply in it.” (Gen 8:1-7)

If you don’t believe me then why could Israelites as far back as they can remember eat mushrooms? https://www.aish.com/atr/Mushrooms-Kosher-Status-Blessing.html The mushroom’s unkosher status should have been restated later in the Torah or there should be at least some traditions saying that mushrooms are non-kosher if the lists in Genesis were exclusive. Yet the lists in Genesis are not exclusive, they are merely declaring God’s provision in different ways.

Genesis Had Similar Sacrifices

Why did God tell Noah specifically to take extra “clean” animals on the ark and why did Noah sacrifice them? Many sacrifices require the priest who is sacrificing them to eat some of the animal. In addition the same word that is used for “clean” animals that Noah took on the ark is only used in reference to animals to talk about dietary cleanness:

46 This is the law pertaining to land animal and bird and every living creature that moves through the waters and every creature that swarms upon the earth, 47 to make a distinction between the unclean and the clean, H2889 and between the living creature that may be eaten and the living creature that may not be eaten.

(Lev 11:46-47)

1 Then the Lord said to Noah, “Go into the ark, you and all your household, for I have seen that you alone are righteous before me in this generation. 2 Take with you seven pairs of all clean H2889 animals, the male and its mate; and a pair of the animals that are not clean, H2889 the male and its mate; 3 and seven pairs of the birds of the air also, male and female, to keep their kind alive on the face of all the earth. 4 For in seven days I will send rain on the earth for forty days and forty nights; and every living thing that I have made I will blot out from the face of the ground.” 5 And Noah did all that the Lord had commanded him.

(Gen 7:1-5)

Abel Drained the Blood and Separated Fat Portions

Now it is possible that the specific sacrifices that Noah gave are simply whole burnt offerings that weren’t eaten. However, offerings are elsewhere always food and it would break the pattern if Abel and Noah were offering animals that weren’t supposed to be food. In addition Abel seems to separate the fat portions from his flock, which is parallel with later laws in the Torah:

and Abel for his part brought of the firstlings of his flock, their fat H2459 portions. And the Lord had regard for Abel and his offering,

(Gen 4:4)

9 You shall present its fat H2459 from the sacrifice of well-being, as an offering by fire to the Lord: the whole broad tail, which shall be removed close to the backbone, the fat H2459 that covers the entrails, and all the fat H2459 that is around the entrails; 10 the two kidneys with the fat H2459 that is on them at the loins, and the appendage of the liver, which you shall remove with the kidneys. 11 Then the priest shall turn these into smoke on the altar as a food offering by fire to the Lord.

(Lev 3:9-11)

Then the priest shall turn these into smoke on the altar as a food offering by fire for a pleasing odor. All fat H2459 is the Lord’s.

(Lev 3:16)

Interestingly the word used for Abel’s sacrifice is also used to describe a non-bloodly sacrifice :

This means that draining the blood may have been known at this time, possibly from the law expressed in this verse:

“Only, you shall not eat flesh with its life, that is, its blood.”

(Gen 9:4)

Why would Abel know about this if he wasn’t eating animals? Even though this isn’t explicitly stated in Genesis we must remember that Genesis leaves a massive amount of information out of the story: let the reader investigate this on their own. Once again I don’t believe the law changes unless the situation changes since the law is good and unless the situation changes there is no reason to suggest a different law would be good. If people or animals changed in a way that was relevant to dietary laws at some points in Genesis this would be a good reason to say that maybe the dietary laws changed. However, we just don’t have the information to decide this. In addition, I think I’ve found information that implies that this wasn’t the case.

Laban The Priest Avoids Becoming Unclean

There’s multitude of evidence for other laws being practiced before Sinai: Laban (a priest) avoids looking in the baggage that Rachel is sitting on when she is menstruating. This is similar to the laws of the priests of Aaron for having to purify themselves if they touch anything unclean. However, since Rachel says she cannot rise and Laban could have purified himself and continued serving as a priest the next day this particular parallel with Sinai law is weak:

34 Now Rachel had taken the household gods and put them in the camel’s saddle, and sat on them. Laban felt all about in the tent, but did not find them. 35 And she said to her father, “Let not my lord be angry that I cannot rise before you, for the way of women is upon me.” So he searched, but did not find the household gods.

(Genesis 31:32-36)

The Lord spoke to Moses, saying: 2 Direct Aaron and his sons to deal carefully with the sacred donations of the people of Israel, which they dedicate to me, so that they may not profane my holy name; I am the Lord. 3 Say to them: If anyone among all your offspring throughout your generations comes near the sacred donations, which the people of Israel dedicate to the Lord, while he is in a state of uncleanness, that person shall be cut off from my presence: I am the Lord. 4 No one of Aaron’s offspring who has a leprous disease or suffers a discharge may eat of the sacred donations until he is clean. Whoever touches anything made unclean by a corpse or a man who has had an emission of semen, 5 and whoever touches any swarming thing by which he may be made unclean or any human being by whom he may be made unclean—whatever his uncleanness may be— 6 the person who touches any such shall be unclean until evening and shall not eat of the sacred donations unless he has washed his body in water.

(Leviticus 22:1-6)

The Levirate Marriage and Priestly Laws

A stronger parallel is the penalty for a priest’s daughter engaging in harlotry existing before Sinai along with the levirate marriage that Tamar is claiming: https://hebrewroots.communes.org/2020/05/23/the-priesthood-of-tamar/ in addition the laws of the priesthood seem to exist as well at least in a form that is similar to the levitical priests (but maybe after the order of Melchizedek) https://hebrewroots.communes.org/2019/05/19/yeshua-and-the-heart-of-sabbath-law/

Finally we have Exo 19:22 where priests are talked about before the laws for priests are given:

Even the priests who approach the Lord must consecrate themselves or the Lord will break out against them.”

(Exodus 19:22)

Conclusion

We have many examples of the law being practiced before Sinai:

  1. Abraham followed a parallel of the requirements in Deuteronomy 11:1. Also, all the same words were used to describe God’s laws and statutes before Sinai. In addition Moses taught the Israelites the law before Sinai.
  2. The feasts being practiced before Sinai based on “moedim” translated as “festivals” in Genesis 1 and the book of Jubilees saying that Shavuot was kept as far back as Noah
  3. Sacrifices in Genesis
  4. Clean and not clean animals in Genesis
  5. Sacrifices in Genesis that respect these distinctions
  6. Implied dietary laws in Genesis based on the distinction of clean and not clean and the fact that Abel poured out the blood and distinguished the fat portions in his sacrifices just as the levitical priesthood did
  7. Laws regarding priests with David and his servants eating the showbread and Tamar being ordered to be killed and burnt with fire which is the punishment for a priest’s daughter who engages in harlotry
  8. Priests before the law was given in Exodus 19:22

Genocide in the Bible

Here I’m not going to attempt to give rules of interpretation for when something in the Bible is or is not ordering genocide. However, I will point out a few problems with concluding that a verse that looks like it is commanding genocide is actually commanding it.

The language in the Bible is often imprecise and different than how we would use it today. For instance, the word for male “zakuwr” (H2138 ) sometimes just means men older than “infants” (see below)

13 and Jehovah thy God hath given it into thy hand, and thou hast smitten every male H2138 of it by the mouth of the sword. 14 Only, the women, and the infants, and the cattle, and all that is in the city, all its spoil, thou dost seize for thyself, and thou hast eaten the spoil of thine enemies which Jehovah thy God hath given to thee. 15 So thou dost do to all the cities which are very far off from thee, which are not of the cities of these nations. 16 `Only, of the cities of these peoples which Jehovah thy God is giving to thee [for] an inheritance, thou dost not keep alive any breathing; 17 for thou dost certainly devote the Hittite, and the Amorite, the Canaanite, and the Perizzite, the Hivite, and the Jebusite, as Jehovah thy God hath commanded thee, 18 so that they teach you not to do according to all their abominations which they have done to their gods, and ye have sinned against Jehovah your God.

(Deuteronomy 20:13-18 YLT)

“Am” (H5971) for “people” can just mean “men” (seeming to exclude infants and very young children). It is also used in synonymously with “iysh” H376 (men) see below:

Before they lie down, the men H5971 of the city — men of Sodom — have come round about against the house, from young even unto aged, all the people from the extremity;

(Gen 19:4)

And Absalom and all the people, H5971 the men H376 of Israel, have come in to Jerusalem, and Ahithophel with him,

(2 Sa 16:15)

And the people, h5971 the men H376 of Israel, strengthen themselves, and add to set the battle in array in the place where they arranged themselves on the first day.

(Jdg 20:22)

Here’s another example in war of “all the people coming out” when it is
really all the men:

`And we turn, and go up the way to Bashan, and Og king of Bashan cometh out to meet us, he and all his people, H5971 to battle, [to] Edrei. (Deu 3:1)

Also this kind of implies that the “am” (literally “people” but here meaning “men”) were counted separately from the women especially in wartime:

and he bringeth back the whole of the substance, and also Lot his brother and his substance hath he brought back, and also the women and the people. H5971

(Gen 14:16)

Here the Amalekites come back later, so H5971 “am” “all the people” must not have been destroyed (king Agag is killed by Samuel later as well) First: Samuel hears a word from the lord that night then, second: Samuel rises early the next day to condemn Saul and kill Agag. This means Agag would have to impregnate a woman during the one day he was captured:


and he catcheth Agag king of Amalek alive, and all the people H5971 he hath devoted by the mouth of the sword;

(1 Sa 15:8)

Joshua uses “am” (h5971) or “people” to talk about the destruction of Ai which is a bit ambigous as to whether everything was destroyed or not:

16 And all the people h5971 that were in Ai were called together to pursue after them: and they pursued after Joshua, and were drawn away from the city.
17 And there was not a man left in Ai or Bethel, that went not out after Israel: and they left the city open, and pursued after Israel.
18 And the LORD said unto Joshua, Stretch out the spear that is in thy hand toward Ai; for I will give it into thine hand. And Joshua stretched out the spear that he had in his hand toward the city.
19 And the ambush arose quickly out of their place, and they ran as soon as he had stretched out his hand: and they entered into the city, and took it, and hasted and set the city on fire.

24 And it came to pass, when Israel had made an end of slaying all the inhabitants h3427 of Ai in the field, in the wilderness wherein they chased them, and when they were all fallen on the edge of the sword, until they were consumed, that all the Israelites returned unto Ai, and smote it with the edge of the sword. (Joshua 8:16-24)

(it does not mention anything about the women or the children being slain when they go into the city, it is fighting men, or people of fighting age, that are drawn out of the city and are slain)
However, it gets a little ambiguous in the next few verses:

24 And it came to pass, when Israel had made an end of slaying all the inhabitants h3427 of Ai in the field, in the wilderness wherein they chased them, and when they were all fallen on the edge of the sword, until they were consumed, that all the Israelites returned unto Ai, and smote it with the edge of the sword.
25 And so it was, that all that fell that day, both of men and women, were twelve thousand, even all the men of Ai.
26 For Joshua drew not his hand back, wherewith he stretched out the spear, until he had utterly destroyed all the inhabitants of Ai.
27 Only the cattle and the spoil of that city Israel took for a prey unto themselves, according unto the word of the LORD which he commanded Joshua.

(Joshua 8:24-27)

The argument for “yashab” (H3427) “inhabitants” (which is used in Joshua 8:24) being just the men is much weaker, but there is still a possibility, such as here where it seems to separate out women and infants from the “inhabitants.” Also if they separated out women and infants in the command it shows that they did not normally kill women and infants in war which would go contrary to a lot of what is assumed about this bronze age culture in the Bible:

9 And the people numbered themselves, and lo, there is not there a man of the inhabitants H3427 of Jabesh-Gilead. 10 And the company send there twelve thousand men of the sons of valour, and command them, saying, `Go — and ye have smitten the inhabitants H3427 of Jabesh-Gilead by the mouth of the sword, even the women and the infants.

(Judges 21:9-10)

Below you could read it as “smite the inhabitants” but “utterly destroy everything else in the city including the animals” In most translation the pronoun “it” is used instead of “them”, meaning the rest of the verse, could be referring to other things in the city. And in most translations it says “all that is therein” instead of “all who are therein”, meaning it is probably referring to people’s possessions. The word for smite is mostly used to talk about partial destruction, or attacking.

`Thou dost surely smite the inhabitants H3427 of that city by the mouth of the sword; devoting it, and all that [is] in it, even its cattle, by the mouth of the sword;

(Deuteronomy 13:15)

Biblical Views of Divorce, Remarriage, and Adultery

Ok so this is super controversial. First there is the opinion from Finny Kuruvilla at http://www.watchmangospelsigns.com/ (which is rather well thought out) that divorce is permitted but only in extreme circumstances and remarriage is forbidden in all circumstances:

I endorse Finny’s critique of the literal Erasmian interpretation which I think has multiple problems. However, there are a few problems I have with Finny’s view:

1. To hold Finny’s view you need to interpret Deuteronomy 24 as regulating something that is wrong under all circumstances.

While this is possible, it seems unlikely due to the fact there is no punishment listed for the behavior except not marrying your previously married wife. Also, we must assume that if divorce and remarriage are wrong under all circumstances then remarriage to the original husband is worse:

1 Suppose a man enters into marriage with a woman, but she does not please him because he finds something objectionable about her, and so he writes her a certificate of divorce, puts it in her hand, and sends her out of his house; she then leaves his house 2 and goes off to become another man’s wife. 3 Then suppose the second man dislikes her, writes her a bill of divorce, puts it in her hand, and sends her out of his house (or the second man who married her dies); 4 her first husband, who sent her away, is not permitted to take her again to be his wife after she has been defiled; for that would be abhorrent to the Lord, and you shall not bring guilt on the land that the Lord your God is giving you as a possession. (Deuteronomy 24:1-4)

I will add the caveat that divorce is certainly something that is wrong under many circumstance, or is at least more wrong than some of the offenses that people often have divorced over:

13 And this you do as well: You cover the Lord’s altar with tears, with weeping and groaning because he no longer regards the offering or accepts it with favor at your hand. 14 You ask, “Why does he not?” Because the Lord was a witness between you and the wife of your youth, to whom you have been faithless, though she is your companion and your wife by covenant. 15 Did not one God make her? Both flesh and spirit are his. And what does the one God desire? Godly offspring. So look to yourselves, and do not let anyone be faithless to the wife of his youth. 16 For I hate divorce, says the Lord, the God of Israel, and covering one’s garment with violence, says the Lord of hosts. So take heed to yourselves and do not be faithless. (Malachi 2:13-16 NRSV)

2. Finny’s view implies that the certificate of divorce has no effect

The certificate of divorce has the effect of separating you from your spouse. This is because it has the effect of making it impossible for your wife to come back after marrying someone else according to Deuteronomy 24. If you can’t remarry after a divorce then the divorce certificate seems to have no effect: you are still tied to your spouse. This does not fit with a whole law written regulating the certificate of divorce. If all it does is allow you to leave then you are still married to them; therefore what is the problem with remarrying the same person?

3. If you take literally what Mark 10:11-12 says that remarriage after divorce for any reason is adultery . . .

If you take literally what Mark 10:11-12 says then you must believe that what Jesus says in Mark 10:5-9 means that divorce for any reason is unlawful. However, Paul explicitly states that in some cases divorce can happen even though it should not happen:

10 To the married I give this command—not I but the Lord—that the wife should not separate from her husband 11 (but if she does separate, let her remain unmarried or else be reconciled to her husband), and that the husband should not divorce his wife. (1 Cor 7:10-11)

4. The context in which Finny argues “eunuchs are divorced people who can’t remarry” doesn’t fit.

The only place where this occurs is in Matthew 19 and here we see what they are objecting to is the difficulty of divorce in the context of not being able to divorce your wife for “any cause.” They aren’t afraid of marrying then getting divorced and having to be Eunuchs (which they would be without marrying anyway), they are afraid of marriage itself:

3 Some Pharisees came to him, and to test him they asked, “Is it lawful for a man to divorce his wife for any cause?” . . .

8 He said to them, “It was because you were so hard-hearted that Moses allowed you to divorce your wives, but from the beginning it was not so. 9 And I say to you, whoever divorces his wife, except for unchastity, and marries another commits adultery.”

10 His disciples said to him, “If such is the case of a man with his wife, it is better not to marry.” 11 But he said to them, “Not everyone can accept this teaching, but only those to whom it is given. 12 For there are eunuchs who have been so from birth, and there are eunuchs who have been made eunuchs by others, and there are eunuchs who have made themselves eunuchs for the sake of the kingdom of heaven. Let anyone accept this who can.”

(Matthew 19:3-12 NRSV)

5. Matthew tends to clarify Mark.

The fact that Matthew makes the context of Jesus’s statement about being able to divorce for “any reason” means that Jesus was reacting to a lax standard of divorce. His response therefore would be in the context of frivolous divorces.

Some Pharisees came to him, and to test him they asked, “Is it lawful for a man to divorce his wife for any cause?” (Matthew 19:3)

Another example of possible clarification is the following:

As another example, within Matthew’s community unchastity was evidently recognized as legitimate grounds for divorce. It may have been in the communities of Mark and Luke as well, but they failed to stipulate the exception in this particular saying of Jesus. Matthew clarifies the issue by inserting the phrase “except for unchastity:”

http://synoptic-problem.com/matthew_synoptic_revisionist.html

Some may respond that Jesus’s statement would have to be summarized as “you may not divorce your wife for any cause but only except for unchastity” This makes sense but it seems like he still had a strict view on it. What about if one spouse was trying to kill the other? Well, this author https://www.divorce-remarriage.com/ argues that Jesus was only addressing a certain type of divorce. See the Pharisees had split up the grounds for divorce of “some indecency” in Deuteronomy 24:1 into “adultery” and “a cause.” Jesus was addressing only this type of divorce and saying you couldn’t divorce for any cause. When he says “except for porneia” (“porneia” is the word translated “adultery”) it is literally “not porneia” https://studybible.info/interlinear/Matthew%2019:9 That is, he is implying “any cause” by saying “not porneia” because that is how those divorces were split up: into “adultery” and “a cause.” It is just a restatement of the “any cause” phrase in their earlier question: “is it lawful for a man to divorce his wife for any cause?” These divorces were the most common since you didn’t have to prove anything in court but only present “a cause.” Jesus does not address the other types of divorce where other grounds are presented like in Exodus 21:10-11 Also, the cultural context backs this up:

By the first century there was general agreement concerning most aspects of divorce and remarriage within rabbinic Judaism. According to divorce law, the decision to end the marriage contract was that of the husband, because he had to write the divorce certificate. A wife could force a husband to divorce her if she could prove to a rabbinic court that he had broken the marriage contract, but it seldom happened. The author claims that one development during these times influenced almost all divorces among Jews. The Hillelites introduced a new interpretation of Deuteronomy 24:1 by which they allowed divorce for “any matter”, while the Shammaites interpreted the same text as saying “for a matter of indecency”. Most Jewish divorces therefore took place on Hillelite grounds, because there was no need to prove anything in court. It is worth noting that the Shammaites accepted the validity of this type of divorce even though it was contrary to what they would have decided. Meanwhile, in the greater Greco-Roman context it became easier for both men and woman to initiate a divorce, and anyone could divorce simply by separating from one’s spouse.

http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S0259-94222008000400026

I have reached my conclusions mostly just by comparing the texts of the gospels and the Hebrew Bible and being aware of the tendency of Matthew to clarify things. Here we see that a scholar has reached similar conclusions by looking at the cultural context of the first century:

Instone-Brewer approaches the problem of Jesus’ radical teaching about divorce and remarriage from an interesting angle. An important investigation in this regard concerns the abbreviated texts that we find in the Gospels. He claims that usually the exegesis was largely absent from these debates because these text were regularly used in the synagogue and because it was widely known at the time. By the second century what used to be common knowledge was quickly disappearing, largely because of the disappearance of the Shammaite group. Commonly understood phrases were also removed, but would have been mentally added by first century readers. The added phrase “for any matter” as it appears in Matthew 19:3 which does not appear in Mark or Luke, is one such example.

This phrase referred to the Hillelite interpretation of Deuteronomy 24:1, an interpretation Jesus did not agree with at all – hence the view that remarriage after this type of divorce is invalid. As far as this issue is concerned, Jesus differed from opinions within Judaism, including that of the Shammaites. Furthermore, the author concludes that in instances where the Gospels are completely silent about an important matter like the silence about remarriage after the death of a spouse or Jesus’ opinion about the grounds for divorce in Exodus 21:10-11, Jesus’ silence can be ascribed to the fact that on these points he agreed with the unanimously held opinion of Judaism. One such example is Jesus’ silence about the Old Testament grounds for divorce. The author claims that the assumption that Jesus regarded the exception of porneia as the only ground for divorce is wrong, because it would mean that the Shammaites too had allowed divorce only on the grounds of adultery, which is simply not the case. At first these arguments appear to be rather weak but the author’s extensive research is convincing. The author delicately adds to the exegeses and arguments from their abbreviated forms and concludes six separate matters about which Jesus taught.

http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S0259-94222008000400026

6. What about Paul’s sayings in 1 Corinthians 7? Do they imply remarriage is impossible after a divorce?

10 To the married I give this command—not I but the Lord—that the wife should not separate from her husband 11 (but if she does separate, let her remain unmarried or else be reconciled to her husband), and that the husband should not divorce his wife. (1 Corinthians 7:10-11)

Paul’s sayings may only apply to the Roman custom of divorce through separating since he was writing to people living in the secular city of Corinth:

Chapter seven shows that the world in which Paul lived was completely different from that in which Jesus lived. It is shown that Paul reacts mainly to the practice in the Greco-Roman world in terms of which anyone could divorce simply by separating from one’s spouse. Like Jesus, Paul emphasized ways to stay married, rather than ways to divorce.

http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S0259-94222008000400026

7. Jesus as the New Covenant Mediator may have been focusing on the heart

27 “You have heard that it was said, ‘You shall not commit adultery.’ 28 But I say to you that everyone who looks at a woman with lust has already committed adultery with her in his heart. 29 If your right eye causes you to sin, tear it out and throw it away; it is better for you to lose one of your members than for your whole body to be thrown into hell. 30 And if your right hand causes you to sin, cut it off and throw it away; it is better for you to lose one of your members than for your whole body to go into hell.

31 “It was also said, ‘Whoever divorces his wife, let him give her a certificate of divorce.’ 32 But I say to you that anyone who divorces his wife, except on the ground of unchastity, causes her to commit adultery; and whoever marries a divorced woman commits adultery.

(Matthew 5:27-32)

In context, Jesus’s statements could be more about intent than about the physical requirements of a divorce. For instance, above where Jesus says “everyone who looks at a woman with lust has already committed adultery with her in his heart.” Jesus is not literally saying that they are guilty of adultery but that as the New Covenant Mediator he trying to allow the law to be written on people’s hearts and coveting in your heart is against that purpose. (you have to take your thoughts captive as Paul says) Similarly, Jesus is not saying if your eye or your hand causes you to sin once then you have to cut them off because your eye or your hand can’t cause you to sin. He is saying to value your eternal existence more than your present existence in your physical body.

Therefore Jesus’s comments on divorce may be about divorce that was caused by a heart intent/condition that was not concerned with trying to keep the marriage together. Also, maybe the context is a heart intent that wanted to divorce in order to marry someone else.

Why is this important?

I talked to a woman whose husband was beating her (and if I remember correctly–threatened to kill her) and she felt she couldn’t divorce him until he committed adultery because of Matthew 19:8. Luckily he did eventually commit adultery. Let me ask you this, what if she was one of the very early Christians who didn’t have access to all the gospels and only had access to Matthew or Luke? (Mark is also supposed to have been written before Matthew) If she only read Mark and read it literally (like she did Matthew) she might be dead.

Threatening to kill someone violates the marriage covenant because if one person dies the covenant is nullified and shows you are willing to break it yourself. Beating someone I would think is worse than committing adultery. (I know the law says you can stone someone for adultery but this seems to have only been done in rare cases and forgiveness seems to be allowed, such as the case of Hosea)

I definitely think you can divorce for more causes than adultery. I think if your life is in danger or your emotional health is in danger those are reasonable causes. Emotional abuse can be physically dangerous to you–it can be unhealthy and take years off your life. It can make you at risk for suicide. I’m not as sure about remarriages after divorce. However, I’ve presented some evidence that remarriage is justified in certain cases as well.

Philosophical Considerations

One thing that has bothered me about marriage is the question of “what is it and for what purpose?” Does marriage begin when you have sex with someone because you are “certainly” supposed to marry someone afterward according to Exodus 22:16-18? If that is it then why is remarriage allowed upon death according to Romans 7? It would seem that if marriage is started with sex and it lasts forever then having sex with multiple people during your lifetime would be wrong. Yet if someone had multiple spouses die during their lifetime they would be able to do this. Therefore, limiting sexual partners isn’t of the utmost importance for the intent of marriage. In fact, there is no part of the Torah that prevents you from going into a cancer ward and marrying people one right after the other as they are dying. In addition, sex with a betrothed woman is treated just like adultery in the Torah, so marriage has to be about more than just regulating sex or commitment to one person for each individual.

More likely, it seems that marriage is a combination of sex and a covenant (betrothal), although if you have the sex you are supposed to make the covenant. Marriage then is not primarily concerned with limiting the number of people you have sex with during your life (although that tends to be one of its effects) but marriage may be primarily concerned with maintaining societal health, providing a stable environment for children, and ensuring people and households are emotionally/financially stable. If a marriage is so bad that it damages those things more than it upholds them then maybe it should be terminated.

Conclusion

Based on my own observations the following conclusions and summary are likely correct:

The conclusions:

The Bible’s message for those suffering within marriage is both realistic and loving

Marriage should be lifelong, but broken marriage vows can be grounds for divorce

Biblical grounds for divorce include adultery, abuse and abandonment

Jesus urged forgiveness but allowed divorce for repeated unrepentant breaking of marriage vows

Only the victim, not the perpetrator of such sins, should decide when or whether to divorce

Anyone who divorces on biblical grounds or who is divorced against their will can remarry.


Very quick summary:

This book interprets the words of Jesus and Paul through the eyes of first century readers who knew about the ‘Any Cause’ divorce which Jesus was asked about (“Is it lawful to divorce for ‘Any Cause’” – Mt.19.3). Christians in following generations forgot about the ‘Any Cause’ divorce and misunderstood Jesus.

The ‘Any Cause’ divorce was invented by some Pharisees who divided up the phrase “a cause of indecency” (Dt.24.1) into two grounds for divorce: “indecency” (porneia which they interpreted as ‘Adultery’) and “a cause” (ie ‘Any Cause’). Jesus said the phrase could not be split up and that it meant “nothing except porneia”. Although almost everyone was using this new type of divorce, Jesus told them that it was invalid, so remarriage was adulterous because they were still married.

The Old Testament allowed divorce for the breaking of marriage vows, including neglect and abuse, based on Exod.21.10f. Jesus was not asked about these biblical grounds for divorce, though Paul alluded to them in 1Cor.7 as the basis of marriage obligations. This book argues that God never repealed these biblical grounds for divorce based on broken marriage vows. They were exemplified by Christ (according to Eph.5.28f) and they became the basis of Christian marriage vows (love, honour, and keep).

https://www.divorce-remarriage.com/

 

 

Paradoxes of Poverty and Salvation: What does “poor” mean? do Paul and the Gospels agree on salvation?

I talk in more detail about the law issue here:

https://hebrewroots.communes.org/2018/11/04/the-two-covenants-of-galatians-4/

I want to examine two paradoxes here. 1. The poor being rich. 2 The law not saving you and saving you.

In the story of the rich young ruler, the commandments are sufficient for attaining eternal life. However, notice that even though the rich young ruler says he keeps the commandments he still believes that he isn’t doing something right. Maybe it is his method of keeping them that may be at fault? Could it be that the commandments naturally lead to a communal life? (love your neighbor as yourself) This may especially be the case after the holy spirit came at the church in Acts. The holy spirit writes the laws on our hearts. The holy spirit dwells in the body of believers. To attain selflessness and have the law written on our hearts we may need to act as one part of a greater body. I argue in detail for similar things here: https://hebrewroots.communes.org/wp-content/uploads/2020/03/Unless-He-Gives-up-All-His-Possessions.pdf There may have been a tendency to use “poor” to mean people who lived communally in the Greek scriptures (Christian writings)

The term “Ebionite” was widely used in proto-orthodox and orthodox sources to refer to “Jewish-Christian” groups, or at least one group (it is likely that there were lots of these groups, and it may be that the church fathers assumed they were all the same group when in fact they had different views, different theologies, different practices, and so on). Some of the church fathers indicate that the name came from the founder of the group Ebion. But that’s a legend. Almost certainly the term came from the Hebrew word “Ebyon” which means “poor.” The normal hypothesis is that these Jewish-Christians accepted the early Christian policy of giving away their possessions for others and so took on lives of voluntary poverty. The church fathers who know the linguistic meaning of their name claimed that they were called “the poor ones” because they were “poor in faith.” (!)

https://ehrmanblog.org/ebionites-gospel-members/ emphasis mine, accessed 2020-07-23

The Ebyonim were the original Christian movement. It was a community that was centered in Jerusalem, led by James the brother of Jesus and Peter, who looks to have been one of Jesus’s closest companions. Their name (ebyonim is Hebrew for “the Poor”) would seem to be reflective of their communal life (as reflected in the beginning of the Acts of the Apostles in the New Testament). All who entered the community called the Ebyonim “sold everything they had and gave it to the Poor.” We can glean a sense of who they were, in part from the condemnations of Irenaeus and others in the Apostolic Christian movement, in part from their own writings, and in part by reading between the lines of the New Testament. Today, an increasing number of scholars are asking whether Ebionite tradition is the closest follow-up to the real Jesus.

https://www.mesacc.edu/~thoqh49081/summer2014/270/early.ebyonim.html (accessed 2020-10-28, emphasis mine)

44 All who believed were together and had all things in common; 45 they would sell their possessions and goods and distribute the proceeds to all, as any had need. (Acts 2:45 NRSV)

34 There was not a needy person among them, for as many as owned lands or houses sold them and brought the proceeds of what was sold. 35 They laid it at the apostles’ feet, and it was distributed to each as any had need. (Acts 4:34-35 NRSV)

29 And do not keep striving for what you are to eat and what you are to drink, and do not keep worrying. 30 For it is the nations of the world that strive after all these things, and your Father knows that you need them. 31 Instead, strive for his kingdom, and these things will be given to you as well.

32 “Do not be afraid, little flock, for it is your Father’s good pleasure to give you the kingdom. 33 Sell your possessions, and give alms. Make purses for yourselves that do not wear out, an unfailing treasure in heaven, where no thief comes near and no moth destroys. 34 For where your treasure is, there your heart will be also. (Luke 12:25-34 NRSV)

Notice the kingdom is associated with selling your possessions and living communally in Luke. It is interesting that the same terminology could have been used for the “poor” in the Greek Scriptures. Jesus actually says that those who leave everything will receive a hundredfold more in this life which matches the paradoxical language here:

As sorrowful, yet alway rejoicing; as poor, G4434 yet making many rich; as having nothing, and yet possessing all things. (2 Corinthians 6:10)

The same word may be used in these verses to speak of the “poor” who live communally (although this is by no means certain and some may have double meanings)

For it hath pleased them of Macedonia and Achaia to make a certain contribution for the poor G4434 saints which are at Jerusalem. (Rom 15:26 KJV)

Only they would that we should remember the poor; G4434 the same which I also was forward to do. (Gal 2:10 KJV)

And he lifted up his eyes on his disciples, and said, Blessed be ye poor: G4434 for yours is the kingdom of God. (Luk 6:20 KJV)

Blessed are the poor G4434 in spirit: for theirs is the kingdom of heaven. (Mat 5:3 KJV)

Then the disciples, every man according to his ability, determined to send relief unto the brethren which dwelt in Judaea: (Act 11:29 KJV)

Hearken, my beloved brethren, Hath not God chosen the poor G4434 of this world rich in faith, and heirs of the kingdom which he hath promised to them that love him? (James 2:5)

The same paradoxical language is used in a negative way in Revelation. Previously, poverty on paper through communal living is meant to convey greater real material riches and spiritual riches, while here the opposite is meant:

Because thou sayest, I am rich, and increased with goods, and have need of nothing; and knowest not that thou art wretched, and miserable, and poor, G4434 and blind, and naked: (Rev 3:17 KJV)

The following parallels include everyone who joins the kingdom of heaven movement being rewarded a hundredfold with houses and other material possessions. This means that they would have hundreds of people that would share their houses and possessions with them and ensure that the would never lack their basic needs including food or drink, see: Matthew 6:31-33 and Luke 18:29-34. Also pay attention to the what Yeshua says about keeping the commandments:

17 As he was setting out on a journey, a man ran up and knelt before him, and asked him, “Good Teacher, what must I do to inherit eternal life?” 18 Jesus said to him, “Why do you call me good? No one is good but God alone. 19 You know the commandments: ‘You shall not murder; You shall not commit adultery; You shall not steal; You shall not bear false witness; You shall not defraud; Honor your father and mother.’” 20 He said to him, “Teacher, I have kept all these since my youth.” 21 Jesus, looking at him, loved him and said, “You lack one thing; go, sell what you own, and give the money to the poor, and you will have treasure in heaven; then come, follow me.” 22 When he heard this, he was shocked and went away grieving, for he had many possessions.

23 Then Jesus looked around and said to his disciples, “How hard it will be for those who have wealth to enter the kingdom of God!” 24 And the disciples were perplexed at these words. But Jesus said to them again, “Children, how hard it is to enter the kingdom of God! 25 It is easier for a camel to go through the eye of a needle than for someone who is rich to enter the kingdom of God.” 26 They were greatly astounded and said to one another, “Then who can be saved?” 27 Jesus looked at them and said, “For mortals it is impossible, but not for God; for God all things are possible.”

28 Peter began to say to him, “Look, we have left everything and followed you.” 29 Jesus said, “Truly I tell you, there is no one who has left house or brothers or sisters or mother or father or children or fields, for my sake and for the sake of the good news, 30 who will not receive a hundredfold now in this age—houses, brothers and sisters, mothers and children, and fields, with persecutions—and in the age to come eternal life. 31 But many who are first will be last, and the last will be first.”

(Mark 10:17-31 NRSV)

16 Then someone came to him and said, “Teacher, what good deed must I do to have eternal life?” 17 And he said to him, “Why do you ask me about what is good? There is only one who is good. If you wish to enter into life, keep the commandments.” 18 He said to him, “Which ones?” And Jesus said, “You shall not murder; You shall not commit adultery; You shall not steal; You shall not bear false witness; 19 Honor your father and mother; also, You shall love your neighbor as yourself.” 20 The young man said to him, “I have kept all these; what do I still lack?” 21 Jesus said to him, “If you wish to be perfect, go, sell your possessions, and give the money to the poor, and you will have treasure in heaven; then come, follow me.” 22 When the young man heard this word, he went away grieving, for he had many possessions.

23 Then Jesus said to his disciples, “Truly I tell you, it will be hard for a rich person to enter the kingdom of heaven. 24 Again I tell you, it is easier for a camel to go through the eye of a needle than for someone who is rich to enter the kingdom of God.” 25 When the disciples heard this, they were greatly astounded and said, “Then who can be saved?” 26 But Jesus looked at them and said, “For mortals it is impossible, but for God all things are possible.”

27 Then Peter said in reply, “Look, we have left everything and followed you. What then will we have?” 28 Jesus said to them, “Truly I tell you, at the renewal of all things, when the Son of Man is seated on the throne of his glory, you who have followed me will also sit on twelve thrones, judging the twelve tribes of Israel. 29 And everyone who has left houses or brothers or sisters or father or mother or children or fields, for my name’s sake, will receive a hundredfold, and will inherit eternal life. 30 But many who are first will be last, and the last will be first.

(Mattthew 19:16-30 NRSV)

18 A certain ruler asked him, “Good Teacher, what must I do to inherit eternal life?” 19 Jesus said to him, “Why do you call me good? No one is good but God alone. 20 You know the commandments: ‘You shall not commit adultery; You shall not murder; You shall not steal; You shall not bear false witness; Honor your father and mother.’” 21 He replied, “I have kept all these since my youth.” 22 When Jesus heard this, he said to him, “There is still one thing lacking. Sell all that you own and distribute the money to the poor, and you will have treasure in heaven; then come, follow me.” 23 But when he heard this, he became sad; for he was very rich. 24 Jesus looked at him and said, “How hard it is for those who have wealth to enter the kingdom of God! 25 Indeed, it is easier for a camel to go through the eye of a needle than for someone who is rich to enter the kingdom of God.”

26 Those who heard it said, “Then who can be saved?” 27 He replied, “What is impossible for mortals is possible for God.”

28 Then Peter said, “Look, we have left our homes and followed you.” 29 And he said to them, “Truly I tell you, there is no one who has left house or wife or brothers or parents or children, for the sake of the kingdom of God, 30 who will not get back very much more in this age, and in the age to come eternal life.”

(Luke 18:18-30 NRSV)

Compare this to the following:

15 We ourselves are Jews by birth and not Gentile sinners; 16 yet we know that a person is justified not by the works of the law but through faith in Jesus Christ. And we have come to believe in Christ Jesus, so that we might be justified by faith in Christ, and not by doing the works of the law, because no one will be justified by the works of the law. 17 But if, in our effort to be justified in Christ, we ourselves have been found to be sinners, is Christ then a servant of sin? Certainly not! 18 But if I build up again the very things that I once tore down, then I demonstrate that I am a transgressor. 19 For through the law I died to the law, so that I might live to God. I have been crucified with Christ; 20 and it is no longer I who live, but it is Christ who lives in me. And the life I now live in the flesh I live by faith in the Son of God, who loved me and gave himself for me. 21 I do not nullify the grace of God; for if justification comes through the law, then Christ died for nothing.

(Galatians 2:15-21 NRSV)

I think we need to consider three things for this second paradox:

  1. The language is different “keep” as opposed to “work”
    In Luke 18:21 “keep” is G5442
    in Matthew 19:17 “keep” is G5083
    in Mark 10:20 “keep” is G5442

This is guarding and treasuring not just observance:
https://studybible.info/search-interlinear/strongs/G5442
https://studybible.info/search-interlinear/strongs/G5083

  1. The Essene context that “works of the law” has https://www.jstor.org/stable/4193122 suggest this was obtaining salvation through observances and purity rather than Mathew’s list of substantial matters and heart/attitude conditions Matt 19:18-19 (Jesus the new covenant mediator focuses on heart: Matthew 5:38~, Jer 31:33) This may also be why communal living is emphasized since living communally requires putting the community first rather than yourself.
  2. Galatians is using “law” for “Sinai law.” Paul’s not comparing the “old” and “new” covenants but the unconditional-blessings given to Abraham with conditional-blessings at Sinai (which Israel broke). He’s using the covenant of Abraham as an analogy for repenting and accepting mercy (Jeremiah 3:12-14) with the work of Christ and grace compared with justifying yourself through “works of law” and being susceptible to Sinai curses: Gal 3:16-18, Gal 3:10-12, Deuteronomy 27:26. Likewise in Romans 10:5-10 Paul compares the Moab covenant to Sinai with quotes from Lev 18:5 and Deut 30:11-14. Some Jewish tradition considers Sinai lacking and hence the need for Moab: https://www1.biu.ac.il/indexE.php?id=15430&pt=1&pid=14638&level=0&cPath=43,14206,14376,14638,15430 Paul uses a similar analogy in Galatians 4:21~ See the following article:

The Covenant on the Plains of Moab
By Haggai Ben-Arzi*

At the end of this week’s reading, the Torah summarizes Moses’ orations, emphasizing that another covenant was made between the Holy One, blessed be He, and the people of Israel: “These are the terms of the covenant which the Lord commanded Moses to conclude with the Israelites in the land of Moab, in addition to the covenant which He had made with them at Horeb” (Deut. 28:69).

This raises a fundamental question: why was there need for another covenant? After all, when the covenant was made at Mount Sinai the people of Israel undertook to obey the Torah and its commandments, as we read in Exodus:

“Then he [Moses] took the record of the covenant and read it aloud to the people. And they said, ‘All that the Lord has spoken we will faithfully do!’ Moses took the blood and dashed it on the people and said, ‘This is the blood of the covenant that the Lord now makes with you concerning all these commands’” (Ex. 24:7-8).

An answer to this question is given in Tractate Shabbat (88a). Regarding the verse, “and they took their places at the foot of the mountain” (Ex. 19:17), Rabbi Abdimi said, “This teaches that the Holy One, blessed be He, overturned the mountain upon them like an [inverted] cask, and said to them, ‘If you accept the Torah, ‘tis well; if not, there shall be your burial.’” In other words, according to the gemara, the covenant at Mount Sinai was made under duress, and any agreement made under duress is not legally and morally binding.

Indeed, that is what the gemara concludes: “This furnishes a strong protest [modaa rabba] against the Torah.” Modaa rabba signifies legal grounds for cancelling a contractual agreement; “If the Holy One, blessed be He, were to take them to court on charges of not upholding their undertakings, they could answer: we agreed under duress” (Rashi, loc. cit., s.v., “moda`a rabbah”).

The coercive element in the covenant at Mount Sinai can be interpreted in various ways. Rabbenu Tam ascribes the coercion to Divine Revelation at Mount Sinai: “For it was by the Word [of G-d], lo, under duress” (loc. cit., Tosefot, s.v., “moda`a rabba le-oraita). In other words, direct Revelation of the Lord created a situation in which there was no free choice, for who can refuse the direct word of G-d?

The element of coercion can also be explained in terms of the emotional state of the Israelites at Mount Sinai. They were still in a state of shock and utter confusion; having left Egypt only seven weeks earlier, they were still agitated by the dramatic events of fleeing the country, being chased by the Egyptians, the Red Sea being split, and encountering tremendous hardships in the wilderness. In such an emotional state any consent or undertaking could have no “resolve,” a necessary condition for making consent binding.[1] For this reason they accepted an undertaking whose terms and implications they barely knew.

If the covenant at Mount Sinai was faulty and lacking, then another covenant was needed that would not have the deficiencies of the previous covenant. Indeed, the covenant on the Plains of Moab was made at the end of the trek through the wilderness, forty years after the exodus from Egypt. During these forty years the people learned the entire Torah and knew exactly what obligations they were taking upon themselves. During these forty years they learned the significance of obeying the commandments, both as individuals and as a nation.

The covenant on the Plains of Moab was thus concluded with full awareness and clarity of mind. This covenant is the one that binds later generations, and not the covenant at Mount Sinai. Only here does Scripture say, “I make this covenant, with its sanctions, not with you alone, but both with those who are standing here with us this day before the Lord our G-d and with those who are not with us here this day” (Deut. 29:13-14). The midrash (Tanhuma 3, and Rashi, loc. cit.) learns from this: “[The covenant was made] also with future generations.”

Regarding the covenant on the Plains of Moab one can ask where the people’s consent appears. At Sinai, the Israelites declared their consent three times: “All the people answered as one, saying, ‘All that the Lord has spoken we will do!’” (Ex. 19:8); “and all the people answered with one voice, saying, ‘All that things that the Lord has commanded we will do!’” (Ex. 24:3), and “Then he took the record of the covenant and read it aloud to the people. And they said, ‘All that the Lord has spoken we will faithfully do!’” (Ex. 24:7).

In the covenant on the Plains of Moab, which as we said was binding on the people for future generations as well, only Moses spoke and the people remained silent. What sort of covenant is this if the people do not express their explicit consent to be party to it?

The people’s response turns out to have been given in actions, not in words. Immediately after the covenant on the Plains of Moab they crossed the Jordan River to the Plains of Jericho, where a great circumcision ceremony took place for all the Israelites born in the wilderness. “This is the reason why Joshua had the circumcision performed…none of the people born after the exodus, during the desert wanderings, had been circumcised…and it was these that Joshua circumcised, for they were uncircumcised” (Josh. 5:4-7). The people’s consent to the covenant found expression in their agreeing to observe the commandment of circumcision, just as Abraham entered a covenant with G-d by circumcising himself and his son:

God further said to Abraham, “As for you, you and your offspring to come throughout the ages shall keep My covenant. Such shall be the covenant between Me and you and your offspring to follow which you shall keep: every male among you shall be circumcised. You shall circumcise the flesh of your foreskin, and that shall be the sign of the covenant between Me and You…Thus shall My covenant be marked in your flesh as an everlasting pact.” (Gen. 17:9-13)

Indeed, immediately after the covenant of circumcision at Jericho, the Holy One, blessed be He, told Joshua, “Today I have rolled away from you the disgrace of Egypt” (Josh. 5:9).[2] The process of the exodus from Egypt and forging the bond between the Holy One, blessed be He, and the people of Israel, did not reach its conclusion at Sinai, rather in the covenant on the Plains of Moab, which begins with Moses, on the eastern side of the Jordan River, and concludes with Joshua son of Nun, on the western side of the Jordan River.

The covenant on the Plains of Moab is what created mutual accountability within the Jewish people. Regarding the verse, “Concealed acts concern the Lord our G-d; but with overt acts, it is for us and our children ever to apply all the provisions of this Teaching” (Deut. 29:28), Rashi says, based on the gemara (Sanhedrin 43b): “Even for overt acts [transgressions committed openly] He did not punish the people collectively until after they crossed the Jordan River…and became accountable one for another.”

This mutual accountability, which requires that we care and be responsible for every Jew, is what turns us from a collection of individuals into a well-formed national entity. The Israelites became a people in the full sense of the word only after the covenant on the Plains of Moab: “to enter into the covenant of the Lord your G-d, which the Lord your G-d is concluding with you this day, with its sanctions; to the end that He may establish you this day as His people and be your G-d, as He promised you” (Deut. 29:11-12). We became a people neither with the exodus from Egypt, nor at Mount Sinai, but only upon entering the land that we were to settle.

Actually, one could also argue “moda`a rabba le-oraita” regarding the covenant on the Plains of Moab. According to Rabbenu Tam, the covenant at Mount Sinai was lacking because there was no free choice in the face of Divine Revelation. But revelation did not come to an end at Mount Sinai. Throughout their wanderings in the wilderness the people witnessed overt miracles—the pillar of fire and pillar of cloud that went before the people and protected them; the manna, the quail, and Miriam’s well, which fed the people in an unnatural way. Although a distinction should be drawn between direct Revelation at Mount Sinai and the miracles in the wilderness, as Maimonides notes (Sefer ha-Mada, Hilkhot Yesodei Torah, ch. 8, halakhah 1 and 2), does not latter state of ongoing miracles in which the Israelites lived for decades essentially deprive a person of free choice?

This is apparently why Joshua did not make do with the covenants of Moses, and towards the end of his life arranged a ceremony renewing the covenant in Shechem: “Joshua assembled all the tribes of Israel at Shechem. He summoned Israel’s elders and commanders, magistrates and officers; and they presented themselves before G-d” (Josh. 24:1).[3] On this occasion he gave them anew the choice whether to stand by the Lord and His Teaching or to abandon the Lord and go in the ways of other peoples: “Now, therefore, revere the Lord and serve Him with undivided loyalty…Or, if you are loath to serve the Lord, choose this day which ones you are going to serve” (Josh. 24:14-15). As in the covenant at Mount Sinai, here too the people rose to the challenge placed before them by their leader and undertook to worship the Lord:

But the people replied to Joshua, “No, we will serve the Lord.” Thereupon Joshua said to the people, “You are witnesses…” And the people declared to Joshua, “We will serve none but the Lord our G-d and will obey none but Him.” (Josh. 24:21-25)

The advantages of the covenant at Shechem are clearly evident. By the end of Joshua’s life the people had experienced decades of fighting for conquest of the land, most of the battles being in difficult conditions and without supernatural intervention.[4] Here the people not only knew the Torah but also were familiar with the combination of the Promised Land and the Torah, not only with overt Divine Providence, but also and primarily with covert Providence, operating through nature and history. Here the people were no longer “a people that dwells apart,” rather a people that rubs up against the peoples of Canaan and is influenced by their culture.

This is where the true test came, and the Israelites stood it with flying colors, evincing the highest level of faithfulness to the Lord and adherence to the Torah: “We will serve none but the Lord our G-d, and we will obey none but Him” (Josh. 24:24). Henceforth the relationship between God and His people does not end with Revelation at Mount Sinai, rather it begins there, continues with the covenant on the Plains of Moab and the Plains of Jericho, concludes with the covenant of Joshua at Shechem. This city was rightfully dubbed “the city of the Covenant,” for there alone was the covenant between the people and their G-d concluded.

Translated by Rachel Rowen

Dr. Haggi Ben-Arzi teaches at the Center for Basic Jewish Studies, as well as Yellin College and Lifschitz College in Jerusalem. His book, Megillat Sheshet ha-Yamim was recently published.

[1] “Resolve” requires an emotional state of consciousness enabling a person to make a decision on the basis of responsible consideration. Therefore the Halakhah stipulates that any agreement made without absolute and complete resolve is not legally binding. For further reading, cf. Maimonides, Mishneh Torah, Sefer Kinyan, Hilkhot Mekhirah, ch. 11, esp. hal. 2 and 6.

[2] The place where this covenant was made is called Gilgal, based on the Hebrew verb, galoti (= “I have rolled away”). Some people identify biblical Gilgal with the Deir Hajla (the monastery of St. Gerasimos), situated one kilometer west of the Jordan River, near Kibbutz Beit Ha-Arava and the outpost Beit Hogla. Near the monastery on the Jordan River is a prominent hill that some people identify as Gibeath-Ha’araloth (“Hill of Foreskins”).

[3] This invocation is reminiscent of the invocation introducing the covenant on the Plains of Moab: “You stand this day, all of you, before the Lord your G-d—your tribal heads, your elders and your officials, all the men of Israel” (Deut. 29:9).

[4] Save for the miracles that accompanied the first stage of crossing the Jordan River and the people entering the land (at Jericho, Beth Horon, and the Valley of Ayalon).

https://www1.biu.ac.il/indexE.php?id=15430&pt=1&pid=14638&level=0&cPath=43,14206,14376,14638,15430

What Does The Bible Say About Abortion?

The answer is nothing directly. However, there are a few things that are quite suggestive.

There are three positions I’ve seen people argue from the Bible:
1. Personhood begins at conception.
2. Personhood begins at some point in the womb.
3. Personhood does not exist in the womb.

I’ve used the term “personhood” because there may be cases where the fetus was not treated as a “person” but was still considered valuable (maybe partially as valuable as a “life”) as we will see. First an overview of some verses:

A. Verses Implying Personhood in The Womb

8 Your hands fashioned and made me;
and now you turn and destroy me.
9 Remember that you fashioned me like clay;
and will you turn me to dust again?
10 Did you not pour me out like milk
and curdle me like cheese?
11 You clothed me with skin and flesh,
and knit me together with bones and sinews.
12 You have granted me life and steadfast love,
and your care has preserved my spirit.
13 Yet these things you hid in your heart;
I know that this was your purpose.
14 If I sin, you watch me,
and do not acquit me of my iniquity.
15 If I am wicked, woe to me!
If I am righteous, I cannot lift up my head,
for I am filled with disgrace
and look upon my affliction.
16 Bold as a lion you hunt me;
you repeat your exploits against me.
17 You renew your witnesses against me,
and increase your vexation toward me;
you bring fresh troops against me.

18 “Why did you bring me forth from the womb?
Would that I had died before any eye had seen me,
19 and were as though I had not been,
carried from the womb to the grave.
20 Are not the days of my life few?
Let me alone, that I may find a little comfort
21 before I go, never to return,
to the land of gloom and deep darkness,
22 the land of gloom and chaos,
where light is like darkness.”

(Job 10:8-22 NRSV)

13 For it was you who formed my inward parts;
you knit me together in my mother’s womb.
14 I praise you, for I am fearfully and wonderfully made.
Wonderful are your works;
that I know very well.
15 My frame was not hidden from you,
when I was being made in secret,
intricately woven in the depths of the earth.
16 Your eyes beheld my unformed substance.
In your book were written
all the days that were formed for me,
when none of them as yet existed.
17 How weighty to me are your thoughts, O God!
How vast is the sum of them!
18 I try to count them—they are more than the sand;
I come to the end—I am still with you.

19 O that you would kill the wicked, O God,
and that the bloodthirsty would depart from me—
20 those who speak of you maliciously,
and lift themselves up against you for evil!
21 Do I not hate those who hate you, O Lord?
And do I not loathe those who rise up against you?
22 I hate them with perfect hatred;
I count them my enemies.
23 Search me, O God, and know my heart;
test me and know my thoughts.
24 See if there is any wicked way in me,
and lead me in the way everlasting.

(Psalm 139:13-24 NRSV)

Thus says the Lord who made you,
who formed you in the womb and will help you:
Do not fear, O Jacob my servant,
Jeshurun whom I have chosen.

(Isaiah 44:2 NRSV)

Thus says the Lord, your Redeemer,
who formed you in the womb:
I am the Lord, who made all things,
who alone stretched out the heavens,
who by myself spread out the earth;

(Isaiah 44:24 NRSV)

When Elizabeth heard Mary’s greeting, the child leaped in her womb. And Elizabeth was filled with the Holy Spirit

(Luke 1:41 NRSV)

For as soon as I heard the sound of your greeting, the child in my womb leaped for joy.

(Luke 1:44 NRSV)

Did not he who made me in the womb make them?
And did not one fashion us in the womb?

(Job 31:15 NRSV)

I’ve left out one that I don’t find as convincing. Jeremiah 1:5 seems to say that God knew Jeremiah before he was formed in the womb. This seems to be an argument for life starting before conception.

“Before I formed you in the womb I knew you,
and before you were born I consecrated you;
I appointed you a prophet to the nations.”

(Jeremiah 1:5)

A. Conclusion

You might argue that Jeremiah 1:5 destroys the previous arguments since it implies life before conception which is not possible. However, I think it is used metaphorically and there are less metaphorical indications of personhood beginning in the womb just like the baby in Elizabeth’s womb jumped. (indicating he was already aware of the Holy Spirit) These verses overall count against position 3. “Personhood does not exist in the womb”

B. Torah Ignores Fetal Personhood in Punishments of Sexual Immorality

When the daughter of a priest profanes herself through prostitution, she profanes her father; she shall be burned to death.

(Leviticus 21:9 NRSV)

No caveat is added to say “make sure she is not actually pregnant when you kill her.” Tamar’s father is assumed to be a priest since Judah declares this judgment on her and other than this case there is no other place where there is an example of this punishment:

About three months later Judah was told, “Your daughter-in-law Tamar has played the whore; moreover she is pregnant as a result of whoredom.” And Judah said, “Bring her out, and let her be burned.” 25 As she was being brought out, she sent word to her father-in-law, “It was the owner of these who made me pregnant.” And she said, “Take note, please, whose these are, the signet and the cord and the staff.” 26 Then Judah acknowledged them and said, “She is more in the right than I, since I did not give her to my son Shelah.” And he did not lie with her again.

(Gen 38:24 NRSV emphasis mine)

The punishment is not executed but the context shows it would have been carried out while she was about three months into her pregnancy. There are other examples of laws that seem to make no provision for when the woman is pregnant:

13 Suppose a man marries a woman, but after going in to her, he dislikes her 14 and makes up charges against her, slandering her by saying, “I married this woman; but when I lay with her, I did not find evidence of her virginity.” 15 The father of the young woman and her mother shall then submit the evidence of the young woman’s virginity to the elders of the city at the gate. 16 The father of the young woman shall say to the elders: “I gave my daughter in marriage to this man but he dislikes her; 17 now he has made up charges against her, saying, ‘I did not find evidence of your daughter’s virginity.’ But here is the evidence of my daughter’s virginity.” Then they shall spread out the cloth before the elders of the town. 18 The elders of that town shall take the man and punish him; 19 they shall fine him one hundred shekels of silver (which they shall give to the young woman’s father) because he has slandered a virgin of Israel. She shall remain his wife; he shall not be permitted to divorce her as long as he lives.

20 If, however, this charge is true, that evidence of the young woman’s virginity was not found, 21 then they shall bring the young woman out to the entrance of her father’s house and the men of her town shall stone her to death, because she committed a disgraceful act in Israel by prostituting herself in her father’s house. So you shall purge the evil from your midst.

(Deuteronomy 22:13-21 NRSV)

1 while Jesus went to the Mount of Olives. 2 Early in the morning he came again to the temple. All the people came to him and he sat down and began to teach them. 3 The scribes and the Pharisees brought a woman who had been caught in adultery; and making her stand before all of them, 4 they said to him, “Teacher, this woman was caught in the very act of committing adultery. 5 Now in the law Moses commanded us to stone such women. Now what do you say?” 6 They said this to test him, so that they might have some charge to bring against him. Jesus bent down and wrote with his finger on the ground. 7 When they kept on questioning him, he straightened up and said to them, “Let anyone among you who is without sin be the first to throw a stone at her.” 8 And once again he bent down and wrote on the ground. 9 When they heard it, they went away, one by one, beginning with the elders; and Jesus was left alone with the woman standing before him. 10 Jesus straightened up and said to her, “Woman, where are they? Has no one condemned you?” 11 She said, “No one, sir.” And Jesus said, “Neither do I condemn you. Go your way, and from now on do not sin again.”]]

(John 8:1-12 NRSV)

23 If there is a young woman, a virgin already engaged to be married, and a man meets her in the town and lies with her, 24 you shall bring both of them to the gate of that town and stone them to death, the young woman because she did not cry for help in the town and the man because he violated his neighbor’s wife. So you shall purge the evil from your midst.

(Deuteronomy 22:23-24)

What if God assumed that every time the Israelites carried out an execution it was before an egg would be fertilized? However, it turns out that this is impossible:

Conception may take place as soon as three minutes after sexual intercourse, or it may take up to five days. Implantation occurs five to 10 days after fertilization, which means anywhere from five to 15 days after you had sex.

https://www.verywellfamily.com/does-lying-on-your-back-after-sex-help-with-conception-1960291#:~:text=Conception%20may%20take%20place%20as,days%20after%20you%20had%20sex. (accessed 2020-06-07)

The short answer is that the egg and sperm can meet within minutes to up to 12 hours after ejaculation.

https://www.healthline.com/health/pregnancy/how-long-does-it-take-to-get-pregnant-after-sex#fertilization (accessed 2020-06-07)

Here is another law that is interesting:

18 The priest shall set the woman before the Lord, dishevel the woman’s hair, and place in her hands the grain offering of remembrance, which is the grain offering of jealousy. In his own hand the priest shall have the water of bitterness that brings the curse. 19 Then the priest shall make her take an oath, saying, “If no man has lain with you, if you have not turned aside to uncleanness while under your husband’s authority, be immune to this water of bitterness that brings the curse. 20 But if you have gone astray while under your husband’s authority, if you have defiled yourself and some man other than your husband has had intercourse with you,” 21 —let the priest make the woman take the oath of the curse and say to the woman—“the Lord make you an execration and an oath among your people, when the Lord makes your uterus drop, your womb discharge; 22 now may this water that brings the curse enter your bowels and make your womb discharge, your uterus drop!” And the woman shall say, “Amen. Amen.”

23 Then the priest shall put these curses in writing, and wash them off into the water of bitterness. 24 He shall make the woman drink the water of bitterness that brings the curse, and the water that brings the curse shall enter her and cause bitter pain. 25 The priest shall take the grain offering of jealousy out of the woman’s hand, and shall elevate the grain offering before the Lord and bring it to the altar; 26 and the priest shall take a handful of the grain offering, as its memorial portion, and turn it into smoke on the altar, and afterward shall make the woman drink the water. 27 When he has made her drink the water, then, if she has defiled herself and has been unfaithful to her husband, the water that brings the curse shall enter into her and cause bitter pain, and her womb shall discharge, her uterus drop, and the woman shall become an execration among her people. 28 But if the woman has not defiled herself and is clean, then she shall be immune and be able to conceive children.

(Numbers 5:18-28 NRSV)

This one has varied interpretations. Some commentators interpret this ritual to induce an abortion and others do not: http://www.apologeticspress.org/apPubPage.aspx?pub=1&issue=1291&article=2888 While it seems more likely to me that she is just made unable to have children, (which was indeed a curse in that culture) if she had a fertilized egg when she did the ritual then she would not be able to carry the pregnancy–hence the fetus would die regardless. If the wife could tell she was pregnant it would be unlikely for the husband (as suspicious as he was) to want to destroy his wife’s child since it could still be his even if she did commit adultery. I would also think this would be looked down upon given what we had discussed in A. but my point is she could still have a fertilized egg.

The issue that might make this inconclusive is that this is a punishment from God and God can abide by different rules, like when God killed David’s son as a result of his sin with Bathsheba right? True, but the timing of this ritual is dependant on man. God could have specified that they were to wait a month or so from the time of the alleged adultery to see if she was pregnant. Maybe God would take care not to kill an already fertilized egg but this would require waiting nine months and there’s nothing in the ritual to indicate to wait this long before you assumed she was innocent.

There is one decent argument I have thought of in response to the things I have put in B. It is that the Torah sometimes skimps on detail and the detail of not hurting a fetus may have been assumed just like I assumed that the husband wouldn’t want his fully pregnant wife to go through this ritual. Here are a few of examples of evidence for this idea:

  1. The punishment of “burning with fire” was actually “stoning then burning with fire” see 9. in https://hebrewroots.communes.org/2020/04/09/a-list-of-torah-misconceptions-in-short/
  2. Even the punishment of stoning has been interpreted with various details added: throwing someone off a cliff onto rocks and throwing rocks: https://hermeneutics.stackexchange.com/questions/1953/how-would-stoning-of-an-adulterer-actually-be-carried-out-under-the-law-of-moses Slingers were common to the Biblical era. The first mention of slingers is in Jdg 20:16 and David had access to this technology even as a young shepherd. “Slingers were common to all ancient Mediterranean nations including Israel.” (Lost Treasures of the Bible: Understanding the Bible Through Archaeological Artifacts in World Museum’s pg. 171 accessed 2020-06-27)

    We can even imagine a scenario where an acceptable practice of stoning was slinging the stones at the criminal. This practice could have been forgotten during a period of exile. Indeed Exodus 19:13 groups archery and stoning together: “No hand shall touch them, but they shall be stoned or shot with arrows; whether animal or human being, they shall not live.’ When the trumpet sounds a long blast, they may go up on the mountain.”
  3. You can interpret the Torah in many ways without an instruction manual of how to interpret it. Even with the Talmud you can interpret it in different ways. This to me is not a problem and I think this shows that there is some flexibility in interpreting the Torah. However, it is just interesting how the Jewish tradition has insisted that the Torah needed an Oral Torah tradition to help in coming to more conformity:

The law given in Ex. xviii. 2 says that a Hebrew slave acquired by any person shall serve for six years; but it does not state why and how such a slave may be acquired. The law furthermore provides that if such a slave has served for six years, his wife, if he has one, shall go free with him; but it does not state that the wife of the slave accompanies him to his master’s house, nor does it define her relation to the master. The law in Deut. xxiv. 1 et seq. says that if a man dismisses his wife with a bill of divorce (“sefer keritut”), and she marries again but is dismissed with a bill of divorce by her second husband also, the first husband may not remarry her. The fact that a woman may be divorced by such a bill has not, however, been mentioned, nor is it stated how she is divorced by means of the “sefer keritut,” or what this document should contain, although it must have had a certain form and wording, though possibly not that of the later “geṭ.” These examples, to which many more might be added, are held to imply that in addition to and side by side with the written law there were other laws and statutes which served to define and supplement it, and that, assuming these to be known, the written law did not go into details. It appears from the other books of the Old Testament also that certain traditional laws were considered to have been given by God, although they are not mentioned in the Pentateuch. Jeremiah says to the people (Jer. xvii. 21-22): “Bear no burden on the Sabbath day, nor bring it in by the gates of Jerusalem; neither carry forth a burden out of your houses on the Sabbath day, neither do ye any work, but hallow ye the Sabbath day, as I commanded your fathers.” In the Pentateuch, on the other hand, there is only the interdiction against work in general (Ex. xx. 9-11); nor is it stated anywhere in the Torah that no burdens shall be carried on the Sabbath, while Jeremiah says that the bearing of burdens, as well as all other work, was forbidden to the fathers. It is clear, furthermore, from Amos viii. 5, that no business was done on the Sabbath, and in Neh. x. 30-32 this prohibition, like the interdiction against intermarrying with the heathen, is designated as a commandment of God, although only the latter is found in the Pentateuch (Deut. vii. 3), while there is no reference to the former. Since the interdictions against carrying burdens and doing business on the Sabbath were regarded as divine laws, although not mentioned in the Pentateuch, it is inferred that there was also a second code.

http://www.jewishencyclopedia.com/articles/11750-oral-law

B. Conclusion

Given the evidence in A. that life was thought to start at some point in the womb we may argue that the Torah does not speak of executing women who are pregnant beyond the point life was thought to start. It would also be unusual for a woman far along in her pregnancy to commit adultery and since executions seem to happen immediately after someone is found guilty we don’t have evidence against 2. “Personhood begins at some point in the womb.” However, while we could try other explanations, Judah’s command to kill Tamar is given three months later but this is only one case and cannot be used to make sweeping generalizations. This coupled with the fact that there is no command or example in the Bible to delay an execution based on pregnancy provides evidence against point 1. “Personhood begins at conception.”

C. Argument From Nature

So admittedly this is the naturalistic fallacy: that because something happens in nature it is good. However, if we want to argue that humans are specifically designed by God and not completely the product of random mutation and evolution we would expect the body to avoid killing a person inside it:

Around half of all fertilized eggs die and are lost (aborted) spontaneously, usually before the woman knows she is pregnant. Among women who know they are pregnant, about 10% to 25% will have a miscarriage. Most miscarriages occur during the first 7 weeks of pregnancy. The rate of miscarriage drops after the baby’s heartbeat is detected.

https://medlineplus.gov/ency/article/001488.htm#:~:text=Around%20half%20of%20all%20fertilized,first%207%20weeks%20of%20pregnancy.

Hence, maybe a fertilized egg is not a person after all. However, this is one of the weaker arguments in my opinion.

C. Conclusion

I don’t think this gets us anywhere but maybe it does for other people and I thought it was good to get the reader thinking on this subject.

D. The Infamous Verse About Two Men Fighting

We can use this verse to support almost all three positions depending on the translation. I will point out that since this is just talking about an accidental abortion and not an intentional one this verse is not conclusive either. In addition it is uncertain whether the damages refer to the woman or the child or both:

1. Personhood begins at (close to) conception:

22 “When men strive together and hit a pregnant woman, so that her children come out, but there is no harm, the one who hit her shall surely be fined, as the woman’s husband shall impose on him, and he shall pay as the judges determine. 23 But if there is harm, then you shall pay life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, stripe for stripe.

(Exodus 21:22-24 ESV)

She wouldn’t know she was pregnant till some time after conception and wouldn’t experience a miscarriage unless the pregnancy progressed further than conception (as we observed, around 50% of fertilized eggs don’t survive and the woman doesn’t notice this)

2. Personhood begins at some point in the womb.

22And if [3should do combat 1two 2men], and should strike a woman [2in 3the womb 1having one], and should come forth her child not completely formed, with a fine he shall be penalized, in so far as [5should put upon him 1the 2husband 3of the 4woman], and he shall give by means of what is fit. 23And if [2completely formed 1it should be], he shall give life for life, 24eye for eye, tooth for tooth, hand for hand, foot for foot, 25burning for burning, wound for wound, stripe for stripe.

(Exodus 21:22-25 ABP)

3. Personhood does not exist in the womb.

22 When people who are fighting injure a pregnant woman so that there is a miscarriage, and yet no further harm follows, the one responsible shall be fined what the woman’s husband demands, paying as much as the judges determine. 23 If any harm follows, then you shall give life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, stripe for stripe.

(Exodus 21:22-24 NRSV)

The difference between the NRSV and the ESV is just translational (and ill explain that later) but the difference between the LXX and the MT are possibly a little more interesting.

There’s basically five positions in regard to this difference.

1. The LXX is not trying to be consistent with the Hebrew at all.
2. The LXX is a paraphrase clarifying the scenario of miscarriage
3. The LXX is a paraphrase clarifying the scenario where the woman wasn’t harmed (miscarriage is assumed in all scenarios)
4. The LXX is a paraphrase that only covers the scenarios the Hebrew does
5. The LXX is an accurate literal translation of the Hebrew.

In favor of 1. is Daniel Schiff citing Richard Freund.

1. The LXX is not trying to be consistent with the Hebrew at all.

How did the Septuagint arrive at this widely variant rendering? In each of the three Genesis occurrences of the Hebrew term ason, the Septuuagint employs a form of the Greek noun malakia, generally translated as “affliction,” for ason. Had the Septuagint utilized malakia in Exodus 21:22-25, it would have conveyed a sufficiently similar sense to the original Hebrew that it would have been highly unlikely to have become the cornerstone of a wholly divergent approach to the status of the fetus. But, in Exodus 21:22-25, instead of malakia, the Septuagint twice uses the Greek participle exeikonismenon to translate ason. A scholar of Hellenistic Judaism, Richard Freund, has made the case that the translator of these verses, who either deliberately bypassed or was ignorant of the translation used elsewhere, arrived at this version through a process of homophonic substitution. This technique was not uncommon in both Greek and rabbinic texts. According to this explanation, the translator probably transliterated ason into some form of the Greek word soma, meaning “human life,” and then replaced this Greek transliteration with a synonymous term that offered a more profound theological resonance. This resonance can be readily apprehended through the literal translation of exeikonismenon: “made from the image,” which evokes an immediate connection to the wording of Genesis 1:27, “In the image of God, God created man.” Freund posits that the usage of the verb exeikonizein in the Septuagint and Philo establishes a strong connection to the “made from the image” metaphor. This remarkable textual allusion led Freund to conclude that “[i]t is clear from the LXX use of exeikonizein in Exodus 21:22-23 that the transator had some idea, principle, or presupposition in mind, which made him deliberately violate a literal translation in favor of a more complex formulation.

It is possible, moreover, to conjecture why this “more complex formulation” was preferred by the translator. Using exeikonismenon, the tranlator’s literal rendering of verse 23 would be “If it be made in the image, he shall give life for life.” This implies that one who kills a fetus that is already “made from the image” deserves death. But the translator must have been aware of the fact that one of the Torah’s six references to being “made from the image” explicitly calls for capital punishment of a murderer on the grounds that he had destroyed a being “made from the image”: “Whoever sheds the blood of man, by man shall his blood be shed; for in God’s image did God make man.” It is, therefore, reasonable to deduce that the Septuagint translator, through the employment of exeikonismenon, intended to create a link between feticide and homicide by way of the “made from the image” formulation. As a result, “formation” became critical because it was only when the fetus had attained a form that could be considered to be recognizably “in God’s image” that it would be considered sufficiently human that its destruction would become the equivalent of homicide.

The nature of the impact of Hellenistic thought on this section of the Septuagint has been much discussed. The scholar Victor Aptowitzer contends that the Septuagint’s portrayal of the status of the fetus effectively compromised between two schools of Greek philosophy, Plato (the Academy) and the Stoics. While the Stoics saw the fetus as being an integral part of the mother’s womb, the Academy regarded it as an independent living being. Hence the compromise entailed viewing the fetus either as dependent or as independent, contingent upon formation. Others have pointed to the similarities between the Septuagint’s focus on the pivotal role of formation and the Aristotelian thought which held that full human status was conferred at formation, since it was at that juncture that the soul was thought to infuse the body.

But perhaps the most significant Hellenistic idea of all was to be found in the notion that the willful abortion of a formed fetus was to be considered one of the most serious transgressions imaginable, deserving of the death penalty. From a range pagan and Hellenistic sources, Moshe Weinfeld, a prominent thinker in a the field, has demonstrated that the Assyrian attitude of dermined opposition to the woman who self-aborted was generally dominant in the Hellenistic world. Thus, bringing about the loss of a fetus was cited regularly alongside witchcraft, murder adultery, and theft as principle societal crimes. In contrast to the strong stance against feticide, however, the Hellenistic world often legitimated a relaxed attitude of “complete lawlessness” to infanticide, especially for children who were in any way defective.

Abortion in Judaism
By Daniel Schiff pages 13-15
accessed via https://books.google.com/books?id=xh9vy_dvO6YC&pg=PA12&lpg=PA12&dq=Exodus+21:22-25+septuagint+vs+dead+sea+scrolls&source=bl&ots=3yyXUAauED&sig=ACfU3U3UZvUn7zNSRepuS5MW6Zdk_Mnm5w&hl=en&sa=X&ved=2ahUKEwi8oPavuqPqAhV_mHIEHVk8DrkQ6AEwAXoECDIQAQ#v=onepage&q=Exodus%2021%3A22-25%20septuagint%20vs%20dead%20sea%20scrolls&f=false 2020-07-11

It’s would be a bit disturbing for people who hold both the Hebrew and Septuagint in high regard if this were true. However, this is not the only idea I can present about what is going on with the LXX’s translation. Also to my knowledge, Freund and Schiff present no direct evidence of Soma being the transliteration or of the LXX writers needing to compromise between Stoicism and Platonism. Even if the Hebrew is covering more scenarios than the LXX i.e. both live birth, miscarriage, and whether or not the woman was harmed, the transliteration would be unnecessary given that the LXX could by clarifying what the Hebrew meant by “no harm” in the case of miscarriage–that the child is not completely formed. (it wouldn’t be considering harm to the woman) This will be discussed in the next section.

2. The LXX is a paraphrase clarifying the scenario of miscarriage

If the Hebrew is ambiguous and refers to both “live birth” and “miscarriage” the Septuagint could be only trying to translate and clarify one of the scenarios covered–that of miscarriage. These two diverging interests in the course of their writings derive naturally from the different situations of the LXX translators and the writer of the Masoretic text. Chapter 21 of Exodus is near the beginning of the legal code given in the Hebrew Bible (having just started in chapter 19 at Sinai) The original author of the Hebrew text would not have a whole corpus of later law to draw on to explain the cases of live birth and cases of harm to the mother. However, the writer of the LXX already had the whole legal corpus of the Hebrew Torah to draw on. Therefore I speculate that the writer of the LXX didn’t feel the need to cover all the situations but instead chose to clarify one ambiguous one.

To outline an argument for the position that the Hebrew includes multiple scenarios (including live birth and harm to the mother) I will quote William H. C. Propp in his Bible commentary “Exodus 19-40 A New Translation With Introduction and Commentary” which states:

21:22. men fight. In a somewhat confusing and still comprehensible manner, 21:22-25 treats at least three ambiguities raised by the preceding laws (cf. Loewenstamm 1977; 246-57): What happens when a third party is injured in the course of a fight? If the third party is a pregnant woman who miscarries, is the abortion manslaughter? How does one redress non-deadly injuries? Rather than resort to textual dissection, as in most critical treatments, I regard this complexity as an original characteristic of the First Code. Unlike the cuneiform law collections, which delight in listing numerous eventualities, Israelite legal scholars proved their virtuosity by posing a small number of cases possessing broad implications.

Thus the basic question, that of the innocent bystander, is not answered directly. We are not told what happens should a male onlooker suffer such-and-such an injury. Rather, a pregnant woman is posited. From her case, we are presumably meant to extrapolate for all unintended harm (so Mek. nəzîqîn 8). Combatants who hurt a bystander are subject to punishment, depending upon the nature of the injury. 

The second issue this law treats is more philosophical: is a fetus a person? Is a pregnant woman comparable to, say, a woman carrying her infant in her arms? Is the death of the fetus manslaughter, so that he who jostled the mother is subject to blood vengeance? Is he entitled to asylum?

The answer to the third question, what is the punishment for nonlethal injuries, is simple: “eye for eye, tooth for tooth,” etc. I will discuss the Torah’s famous lex talionis below.

Although many ancient Near Eastern law codes treat injury to a pregnant woman and her fetus (or even gravid livestock; see Hittite Laws  §77, 84), this surely cannot have been a common occurrence. Paul (1970: 71 n. 1) infers that we have a case of literary interdependence among the codes and Finkelstein (1981: 19 n. 11) rather simplistically posits an origin in a single, real case of premature labor and miscarriage. But these suppositions do not answer the question: why among all crimes and accidents likely and unlikely should the codes have borrowed and shared legislation concerning miscarriage? The answer is that, like legal scholars everywhere, ancient legislators were attracted to the unusual and ambiguous (e.g., on Roman law, see Watson 1991: 12).

they stike. Either of the men, not both together (Luzzatto).

a pregnant woman. I assume that the woman is an innocent bystander, not a participant as in Deut 25:11-12. (I find unwarranted Daube’s [1947: 108] inference that she is wife to one of the parties, and that the blow is therefore deliberate.)

her child. My translation follows Sam, LXX, etc. wəlādād ‘her child’ (see TEXTUAL NOTE). MT, however, reads yəlāde(y)hā ‘her children.’ This must be taken as referring either to the potential for multiple pregnancies–“(all) her babies, (however many)”–or else to all the stuff of childbirth: water, blood, child(ren), afterbirth.

comes out. The minority view is that the verb yāṣā(‘) here connotes a successful abeit premature birth (Jackson 1975: 95, 99; Durham 1987: 323). The majority view is that yāṣā(‘) indicates a miscarriage (most recently Houtman 20000: 161. It is true that the ancient Near Eastern parallels (quoted below envision an aborted pregnancy, and it is true that the expression “come out” (yṣ’) is used apropos of abortion or the immediate death of a newborn in Num 12:12; Job 3:11 (Schwienhorst-Schönberger 1990: 94). But, as we shall observe, the cuneiform law codes have a different aim than the First Code. In fact, the Hebrew verb yāṣā(‘) more often refers to live births (e.g., Gen 25:25-26; 38:28-30).

The text seems deliberately ambiguous. Something comes out of the pregnant woman. There are four possible outcomes: healthy mother and child, dead-or-injured mother and healthy child, healthy mother and dead-or-injured child, and dead-or-injured mother and child. The following clauses attempt to address these eventualities.

injury. The disputed noun ‘a̅sôn otherwise appears only in Gen 42:4, 38; 44:29; Sir 31/34:22; 38:18; 41:9. Both the biblical context and the Arabic cognate ’asiya ’be distressed’ suggest the meaning “harm” (e.g., Baentsch 1903: 193). Some claim, however, that the meaning is more specifically “fatality” (e.g. Josephus Ant. 4.8.278). The Rabbis, for example, think that ’a̅sôn here refers to the woman’s death (Mek. nəzîqîn 8). (For more discussion of the history of interpretation, see Isser [1990] and TEXTUAL NOTE.)

Even though the argument that ‘a̅sôn implies a fatality draws support from the ancient Near Eastern codes, which cosider only the death of mother or child, I think this approach is incorrect. As observed above, the First Code is in one important way not comparable to the cuneiform documents. The Hittite Laws contain 200 clauses and the Code of Hammurapi 282. treating all manner of torts. In contrast, the technique in Exodus 21 is to compress multiple legal issues into a small number of complex, paradigmatic cases. In my holistic reading, 21:22-25 is about all injuries caused to third parties, and indeed about all injuries. If the biblical writer wished clearly to describe the death of the woman or her offspring, he would have used the verb mwt ’die.’ On the contrary, he makes it explicit what constitutes ’a̅sôn: death; damage to an eye, a tooth, an arm, a leg; a burn, a wound or a stripe (Schwienhorst-Schönberger 1990: 93). Not all of these can occur during childbirth to either mother or offspring, but, again, the case is intended to have broad application. 

It remains unclear whether “injury” applies only to the mother, or to mother and child. By the theory that v 22 describes a miscarriage, ‘a̅sôn can only connote the mother’s death or injury; the baby is already dead. But if, as I think, v22 describes premature labor, then the “injury” would be to either the mother or the infant. If the child is viable and the mother is unharmed, then the man who accidentally justled her owes the women’s husband a modest fine for endangerment and inconvenience (Durham 1987: 323).

3. The LXX is a paraphrase clarifying the scenario where the woman wasn’t harmed (miscarriage is assumed in all scenarios)

If I were to take this position I would have to argue that the Hebrew text really only speaks of miscarriage. More specifically we know that damages to a person are covered elsewhere in the Torah so the Septuagint is focusing on the situation of no harm being done to the mother. This position is made easier by the fact that the singular “child” is the lectio difficilior.

Propp says that the singular form of “child” is the lectio difficilior. This means “more difficult reading” and in textual criticism, this is called “lectio difficilior portior” or “the more difficult reading is stronger.” The theory is that it is more likely the original reading due to the scribes being more likely to change a text to an easier reading than to change it to a harder reading. “Child” in the singular is also the reading of the Samaritan Pentateuch. See Propp:

21:22. And if. Kenn 650 B lacks “And.”
men. See TEXTUAL NOTE to 21:18

her child comes out. Reading a singular verb and subject with Sam, LXX, Tg. Neofiti I and probably Vg: wyṣ’ wldh, vs. MT wyṣ’w yldyh ‘and her children come out.’ The alternation between wyṣ’ w- (Sam) and wyṣ’w y- (MT) may reflect the similarity of waw and yodh in Roman-period script (Cross 1961a; Qimron 1971). The plural subject of MT is hard to understand–unless it refers, not just to children, but to all that comes forth during parturition. More likely, however, yldyh has simply been copied from 21:4. The noun wālād used by Sam et al. is paralleled only in Gen 11:30 and 2 Sam 6:23 (Kethibh in many MSS), making it lectio difficilior. Syr appears to conflate the aforesaid variants: wnpqwn ‘wlh ‘and her fetus (sing.) come out (pl.).’

pg. 121, “Exodus 19-40 A New Translation With Introduction and Commentary”

However, how do we get the following to be what is translated by the LXX? (see also LXX below)

22 When people who are fighting injure a pregnant woman so that there is a miscarriage, and yet no further harm follows, the one responsible shall be fined what the woman’s husband demands, paying as much as the judges determine.

(Exodus 21:22 NRSV)

22And if [3should do combat 1two 2men], and should strike a woman [2in 3the womb 1having one], and should come forth her child not completely formed, with a fine he shall be penalized, in so far as [5should put upon him 1the 2husband 3of the 4woman], and he shall give by means of what is fit.

(Exodus 21:22 ABP)

The following lex talionis must in the Hebrew apply to both the woman and fetus and apply to the fetus on a sliding scale. Therefore, apply to stages of fetal development like in LXX:

23 If any harm follows, then you shall give life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, stripe for stripe.

(Exodus 21:22-25 NRSV)

23And if [2completely formed 1it should be], he shall give life for life, 24eye for eye, tooth for tooth, hand for hand, foot for foot, 25burning for burning, wound for wound, stripe for stripe.

(Exodus 21:22-25 ABP)

Assuming that this law doesn’t cover a delayed miscarriage, there is also some medical evidence that a live birth in this situation would have been unheard of in the ancient setting.

First, it is important to note that injury to the fetus in utero may be direct or indirect. Direct injury is rare, mainly occurring late in pregnancy when the head is deep in the pelvis and major trauma causes fetal skull fracture. A recent review of the obstetric literature revealed only 19 such reported cases. The outcome was almost uni-versally fetal demise, except when cesarean section was performed. There is no report of that particular surgical procedure having been performed in the ancient Near East.

Indirect injury to the fetus occurs when there is disruption of the oxygen supply coming through the umbilical cord. Rarely trauma may result in uterine rupture with grave consequences for mother and infant without immediate surgical intervention. Such event occurs in less than one percent of trauma. More commonly, in six percent of blunt trauma during pregnancy there is an overt disruption of the normal connection between the placenta and the uterus. Fetal mortality in such cases, given the best obstetric and neonatal care available in the United States, is 34 percent. Another reference cites 30 to 68 percent fetal mortality. Without intravenous methods of fluid therapy for the mother and surgical intervention, it is obvious that the fetal outcome in the vast majority of these cases would be death. Timms states that “following uterine rupture or significant placental separation, rapid exploration [surgically] and fetal delivery provide the only chance for fetal survival.”

Less severe abdominal trauma may result in smaller disruptions of the placenta from the uterus, and less catastrophic outcomes. It is unknown how often an occult (self-limiting) placental separation takes place in these situations, but it may be the cause of common complaints such as “increased uterine activity” or slight cramping. Most of these cases progress to a normal outcome. In an excellent study of trauma in pregnancy Crosby suggests that if fetal oxygenation is impaired, labor or fetal death will occur within 48 hours.

Premature labor is a serious problem after trauma and is aggressively treated in appropriate cases these days with medication to stop uterine contractions. The lungs of the developing infant are not ready for life outside the womb until 33 to 34 weeks gestation (out of 40 weeks in a “full-term” pregnancy). In a nonhospital setting, the mortality rate of these infants is very high.

There are only a few instances, in a nontechnological era, in which blunt trauma serious enough to cause abortion of the fetus would result in a viable birth. If medical data has anything to say about Exodus 21:22, it indicates that the overwhelming probability for such a situation is an outcome of trauma-induced abortion with fetal demise.

https://faculty.gordon.edu/hu/bi/ted_hildebrandt/otesources/02-exodus/text/articles/congdon-ex21-abortion-bsac.htm

4. The LXX is a paraphrase that only covers the scenarios the Hebrew does

This position is similar to the last one but here “harm” (ason) must only be applied to the fetus and the woman must be unharmed even in the Hebrew. ‘a̅sôn would have to be interpreted as only referring to a “death” (as Propp mentioned that some take this position based on the context of the word and of other law codes covering just the death of the fetus). The following paper assumes a contradiction between no harm (ason) and a miscarriage but this can be resolved by saying the fetus may only be described as having “died” when it was “fully formed” as it the Septuagint explains. The idea that the LXX covers all the scenarios the Hebrew does is made difficult because there isn’t direct evidence that “harm” only applies to the mother.

B. Is the Harm to the Woman or the Fetus?
The RSV renders the word אָסֹ֑ון in v 23 as kill and attributes it solely to the mother. Other translations render it as “mischief”, “serious injury” or “harm”.1 That אָסֹ֑ון means some form of harm is well attested. אָסֹ֑ון occurs only three other times in the Hebrew Bible.

3 Then ten of Joseph’s brothers went down to buy grain from Egypt. 4 But Jacob did not send Benjamin, Joseph’s brother, with the others, because he was afraid that harm might come to him.

38 But Jacob said, “My son will not go down there with you; his brother is dead and he is the only one left. If harm comes to him on the journey you are taking, you will bring my gray head down to the grave in sorrow.”

27 “Your servant my father said to us, ‘You know that my wife bore me two sons. 28 One of them went away from me, and I said, “He has surely been torn to pieces.” And I have not seen him since. 29 If you take this one from me too and harm comes to him, you will bring my gray head down to the grave in misery.’”

In each case it refers to Jacob’s fear that Benjamin will be harmed as his brother Joseph was. In the narrative, the harm that befell Joseph (or at least that Jacob thought had befallen him) was being killed by a wild animal. Moreover, its use later in the narrative is associated with the fear that he will be executed in prison.

The question is whether in this context it refers to harm to the mother. Some translations render the passage as “no further harm”. However, nothing in the Hebrew grammar demands this. In the Hebrew it is unspecified who the harm applies to and several arguments have been proposed suggesting that the harm is harm to the fetus and not the woman.

Westbrook argues that the word אָסֹ֑ון means “a disaster for which no one can be held responsible”. He then suggests אָסֹ֑ון is predicated of the child. Verse 22 deals with a case where one can assign responsibility and v 23 a case where one cannot. This interpretation has the added advantage of explaining the change from the third person “he shall pay” in v 22 to the first person “you shall pay” in v 23. In the first case the person responsible pays. In the second case, where the perpetrator is unknown, the whole community does.

The problem with this argument is that Westbrook’s claim that אָסֹ֑ון means “a disaster for which no one can be held responsible” is not well attested by the evidence. Moreover, as noted by Sprinkle several uses of אָסֹ֑וןin both the Hebrew Bible and in later Hebrew Apocrypha suggest the contrary. For example, the fear that Benjamin would be killed in Genesis does not have this feature. His brothers agreed to take responsibility and his execution by Egyptian officials is not an event in which one is unsure of who is responsible. In addition, Jacob believed a wild animal caused Joseph’s death so it is doubtful that אָסֹ֑ון carries the nuance that Westbrook suggests.

A second line of argument claims that the nuances of the word אָסֹ֑ון fit more naturally with the death of a fetus than the death of the mother. Kline argues,

A calamitous loss involving serious injury or even death is denoted by ason. In the only other Biblical context where ason is found it describes the grievous calamity that Jacob fears will befall Benjamin on the Journey to Egypt. (Gen 42:4, 38; 44:29). The choice of this unusual word in Ex 21:22 (problematic if the reference were to injury or death of the woman, for which the more common terminology would be expected) is readily explained if ason refers to the less everyday circumstance of the calamitous loss of offspring by violently induced miscarriage.

Similarly, Jackson argues,

[W]hy should an unusual word like aswn be used in Exod. xxi 23 to refer to death, when the ordinary verb mwt would appear to have served equally well? Fatal injuries are a common enough topic in the Misphatim, but on every other occasion the normal verb is used. There must be some reason why it is not used in Exod. xxi 22, 23. Part of the reason is that the word aswn, as is evident from the Jacob- Benjamin narrative, stresses the effect on the happening on some person other than the direct victim. Perhaps the best translation is “calamity”…

Later on in the same work he adds,

Had it [aswn] referred to the woman, it would be impossible to understand why the normal word for death was not used. But where a foetus is concerned, any hesitation to use the normal terminology of death is quite reasonable…We have seen that elsewhere it emphasizes the effect of the death or serious injury upon someone other than the victim himself.

Neither of these arguments is compelling. Jackson appeals to Gen 42:4, 38 and 44:29 where Jacob stresses that harm to Benjamin will cause him to die of grief and infers from this that אָסֹ֑ון means a harm that affects someone other than the direct victim but this does not follow. The fact that I note that the death of someone close to me will devastate me does not mean that the effect on a third person is written in to the meaning of the term ‘death’.

Moreover, both Kline’s and Jackson’s arguments suffer from the fact that the word אָסֹ֑ון is so rare in the Hebrew Bible that the samples they appeal to are too few to be decisive. The fact that the few references that occur have a special nuance is insufficient to ground an inference that this nuance is part of the meaning.

There is a more serious problem in attributing the harm as applicable to the fetus. The translation only makes sense if the passage refers to a premature birth and not a miscarriage. If the passage refers to a miscarriage then a miscarriage has occurred but the fetus did not die. This renders the text self-contradictory. I argued earlier that this text does refer to a miscarriage and that the premature-birth interpretation was subject to serious criticisms. In light of this, the argument ceases to be tenable. Once it is established that the text refers to a miscarriage the question of whom the mischief refers to is easily solved. If the blow has killed the fetus, it cannot be the fetus that is not killed in v 23. Further, if already dead, the fetus cannot be said to have undergone further harm.

Feticide, the Masoretic Text and the Septuagint by Matthew Flannagan, accessed 2020-07-12 https://www.academia.edu/2243554/Feticide_the_Masoretic_Text_and_the_Septuagint

Another way to make this position is if the difference in punishment between verse 22 and 23 deals with a level of intent. “The Janus Face of Prenatal Diagnostics: A European Study Bridging Ethics, Psychoanalysis, and Medicine” says:

(When translating Exodus 21:22, the Septuagint, i.e., the early Greek translation of the Old Testament introduces a distinction between a “formed” and an “imperfectly formed” foetus, not present in the Hebrew original (Childress & Macquarrie, 1986). This difference has been interpreted as indicating a difference in the evaluation of the life of a foetus and a living human being (Ferngren, 1987). However, such an interpretation is not the only possible one. The different judgements can be explained by reference to the different kinds of act. The first act is a non-intended accident, while the second is a deliberate killing.

https://www.google.com/books/edition/_/NOlgDwAAQBAJ?hl=en&gbpv=1&pg=PA291&dq=why+does+the+septuagint+translate+exodus+21+differently?

This is a view in the Talmud:

The Gemara asks: Granted, according to the Rabbis, who say that if one intended to kill this individual and he killed that individual he is liable, there is support for their opinion from that which is written: “If men struggle and they hurt a pregnant woman so that her child departs from her, and there is no tragedy, he shall be punished, as the husband of the woman shall impose upon him, and he shall give as the judges determine” (Exodus 21:22). It can be inferred form the verse that if there is a tragedy, i.e., if the woman dies, there is no payment of restitution. And Rabbi Elazar says: It is with regard to a quarrel that involves the intent of each to cause the death of the other that the verse is speaking, as it is written: “But if there shall be a tragedy then you shall give a life for a life” (Exodus 21:23). This is proof that in a case where one intended to kill one individual and he killed a pregnant woman instead, he is liable to be executed, which is why he does not pay restitution.

https://www.sefaria.org/Sanhedrin.79a.10?lang=bi&with=all&lang2=en

I find it interesting that this view on the Hebrew and on the LXX can be unified (to some extent) with the idea of intent by speculating that it makes sense for the two men fighting to be held responsible for the fetus if the woman appeared pregnant. If she did not then it wouldn’t make sense to say that they were aware of this and hold them responsible for any negligence that they might be accused of in regards to the fetus itself.

5. The LXX is an accurate literal translation of the Hebrew.

This position is outlined below by Thomas F. McDaniel:

When Nina Collins (1993: 290) concluded with reference to
Exod 21:22 “Yet the verse as a whole fails to make sense” she
was referring to the Hebrew Masoretic text of this verse and its
many variant translation, not to the Hebrew Vorlage behind the
Greek translation in the Septuagint (250 B.C. to 132 B.C.), a
translation which makes perfect sense.

. . .

In addition to the well recognized אָסוֹן which was related to the (asaya) “he grieved, mourned,” there was, as noted above, also the word אסון which was related to the (sawaya) “he made it equal, he became full-grown in body” and “of regular build and growth.” This אסון is a perfect match for the Septuagint’s έξεικονισμένον, “to make like, to be perfectly fully formed.” Thus the אסון in the Vorlage of the Septuagint could have been read as אֶסְוֹן (eswon) or אֶסְוָן (eswan) from the stem סוה — with (a) a prosthetic א, (b) an affixed ן, and (c) the ו of the אסון being a consonant rather than a vowel letter. Contra the MT plural וְיָצְאוּ יְלָדֶיהָ “and her children come out,” the Septuagint has the singular καί έξέλθη τό παιδίον αύτῆϛ, “and her child came out,” which is in agreement with the Samaritan Pentateuch which has the singular ויצא ולדה. Once the singular ויצא ולדה “and her child came out” is in focus it becomes obvious that the subject of the masculine singular verb יהיה in the phrase ולא יהיה אסון (v. 22) and ואם אסון יהיה (v. 23) is the singular ולדה “her child,” permitting the following translation of these phrases: “. . . her child come out but HE is not fully formed, . . . but if HE is fully formed.” The masculine “child” is obviously gender inclusive like the אדם “man” in Gen 1:27 and 5:2.

Simply by substituting the antecedent noun child for the pronoun HE the Septuagint text in 21:22–23 stipulated: “And if two men strive and smite a woman with child, and her CHILD BE NOT FULLY FORMED, he shall be forced to pay a penalty as the woman’s husband may lay upon him, he TRANSLATION OF EXODUS 21:22–23 7 shall pay what seems fitting. But if the CHILD BE FULLY FORMED, he shall give life for life.” This law was so perfectly clear that Sprinkle (1993:247) well noted:

The penalty paid is assessed on the basis of the stage of the development of the dead fetus. The rationale for this view is that the later the stage of pregnancy, the more time has been lost to the woman, the greater the grief for the loss of a child, and the more difficult. This may have been the view of the LXX, which paraphrases וְלֹא יהְיֶה אָסוֹן as “imperfectly formed child” and translates בִּפְלִלִים “with valuation.” Furthermore, Speiser’s view gains credibility in that penalties for miscarriage actually do vary with the age of the dead fetus in the parallel ancient Hittite Law §17, which states, “If anyone causes a free woman to miscarry—if (it is) the 10th month, he shall give ten shekels of silver, if (it is) the 5th month, he shall give five shekels of silver and pledge his state as security.”

A fetus aborted in an accidental miscarriage which is not fully formed—nor equal to an infant born prematurely—was to be treated as property. 19 However, if the aborted fetus was fully formed—and equal to an infant born prematurely—it was to be treated as a person. A property which is accidentally destroyed called for a fine to be paid by the destroyer. But the lex talionis became applicable when a person—including a fully developed fetus—was accidentally injured or killed. Accordingly, in Mosaic law a woman’s fertilized egg or an imperfectly formed fetus was not considered to be a vp,n, a person. 20 Only a fetus that was אֶסְוָן / אֶסְוֹן (eswon / eswan) “fully formed” was recognized as a נפֶשׁ, a person.

http://tmcdaniel.palmerseminary.edu/LXX_EXO_%2021_22-23.pdf

D. Discussion

While I find Propp’s analysis interesting for point “2. The LXX is only trying to be partially consistent by clarifying part of the Hebrew” and McDaniel’s argument tempting for perfect harmony between the LXX and the Hebrew I have to disagree. Propp does not delve into the language used in the parallel legal codes he cites which also use generic terms for “go out” in reference to a miscarriage. I also tend to bias ancient consensus interpretations of a text against the later non-consensus of scholars which would make me more inclined to follow “3. The LXX is a paraphrase clarifying the scenario where the woman wasn’t harmed (miscarriage is assumed in all scenarios).” Russell Fuller deals with the premature birth interpretation in his article “EXODUS 21:22-23: THE MISCARRIAGE INTERPRETATION AND THE PERSONHOOD OF THE FETUS”

For the past thirty years most evangelicals have argued that Exod 21:22
does not refer to a miscarriage but to a premature birth. These evangelicals have offered the following points as evidence: (1) Biblical Hebrew has a technical word for “miscarriage” (sakol). If the author had intended to write about a miscarriage, he would have most likely used this word. Since, however, the author chose yasa, a word usually found with normal births, he probably envisioned a premature birth induced by the assault. Jack Cottrell affirms: “There is absolutely no linguistic justification for translating v. 22 to refer to a miscarriage.” (2) Biblical Hebrew has a technical word for “miscarried fetus” (nepel). Since the author chose yeled, he probably had live children—or at least the possibility of live children—in view.

Again, this suggests a premature birth. (3) Hebrew Däsön (“harm, damage”) is indefinite, and therefore should apply equally to both mother and fetus. Again, had the author intended to limit this word he could have inserted läh to clarify that the harm referred only to the mother and not to the fetus. (4) Although recognizing analogues between ancient Near Eastern literature and the Bible, adherents of the premature-birth view suggest that in Exod 21:22 the ancient Near Eastern legal tradition adds little or nothing to the understanding of the passage.

The first three points are actually one argument: the technical language argument. If Exod 21:22 refers to a miscarriage, why does the author employ such general language? Why not use more precise, technical terms? An author of course chooses a given word over another for his own reasons, leaving the interpreter only to speculate about the author’s decision. In Exod 21:22 the author chose yasa, a general term, meaning “to go/come out.” It specified normal births (Job 1:21; Jer 1:5) and a miscarriage (or perhaps a stillbirth, Num 12:12). There are, however, no passages in the HB where yäsäD clearly refers to a premature birth. Interestingly, the laws of Hammurapi and the Middle Assyrian laws described the miscarriage in general terms (nadû, “to cast down”; saläDu, “to cast, to drop”).


Hebrew säköl (like its cognates in Arabic, Ugaritic, Aramaic and Syriac), on the other hand, means “to bereave the loss of a child.” Although säköl is used in the context of miscarriages (or stillbirths, or perhaps even infant deaths) the word does not mean “to miscarry” or “miscarriage.” In Exod 21:22 the assailant is guilty of inducing the children (fetuses) to come out of the womb (a miscarriage, I believe), not of causing a mother “to bereave the loss of her child.” Why Moses chose yeled instead of nepel is more difficult to determine. Perhaps he desired a more euphemistic term, and he may have chosen yeled, at least indirectly, to indicate the personhood of the fetus. Similarly the laws of Hammurapi and the Middle Assyrian laws employed a euphemistic circumlocution, sa libbisa, “that of her womb,” instead of the technical words for fetus (izbu, kübu) or nid hbbi, a miscarried fetus. Why Moses did not further define Däsön by adding läh or lähem (läm) is uncertain. Perhaps he simply did not deem it necessary.

Although the “technical language argument” may, at first glance, seem to support the premature-birth view, upon further reflection the general language of Exod 21:22 actually favors the miscarriage interpretation. In fact the language is so general that there must have been a broader, cultural context to prevent doubt as to the law’s intent. The ancient Near Eastern analogues all supply that broader context. Indeed, in all Biblical and ancient Near Eastern legal literature and in almost all the general literature there are no references to premature births. It simply was not directly addressed. Therefore if Moses were introducing a new, unique law, previously unknown (at least from the sources we now possess) to the general society and culture, concerning a premature birth, he would have avoided ambiguity and misunderstanding by using precise language, especially if similar laws from the broader society, such as laws concerning miscarriage, might confuse the issue. Moses, on the contrary, by using general language in Exod 21:22, most likely intended his readers to understand this law according to the broader context of society. therefore he considered it unnecessary to insert läh after Däsön (or to write nepel instead of yeled) since that society and culture understood to whom the ason applied. Moreover the ancient Near Eastern law codes also employed general, nontechnical language. Thus the general language of Exod 21:22 actually supports the miscarriage interpretation rather than the premature-birth interpretation.

The interpretational history of Exod 21:22 also favors the miscarriage view. The miscarriage interpretation, despite its general language that could have misled later interpreters, held unanimous consent from the LXX to Martin Luther—some 1800 years. John Calvin was the first to suggest the premature birth view. He was later followed by the nineteenth-century German scholars such as Keil, Geiger and Dillmann. Yet none of these scholars had the complete picture. The ancient Near Eastern evidence was still underground. We cannot of course say whether this evidence would have changed their position. Nevertheless, they probably would have reexamined their opinions. Since the 1970s, the decade of the Roe v. Wade decision, the premature birth view has captured most of evangelicalism. But notwithstanding the recent ascendancy of the premature birth interpretation, at least among evangelicals, the miscarriage interpretation has the most impressive interpretational history and the securest exegetical foundation.

https://pdfs.semanticscholar.org/50b2/064cf1d09be12389ecebc8c235b1bd3ec628.pdf

To me the LXX is merely trying to clarify part of the situations described: unharmed mother and miscarriage. Additional evidence for the LXX being consistent with the Hebrew might come from Josephus who knew both Hebrew and Greek and seems to have no problem following the Hebrew:

33. (277) If men strive together, and there be no instrument of iron, let him that is smitten be avenged immediately, by inflicting the same punishment on him that smote him: but if when he is carried home he lie sick many days, and then die, let him that smote him escape punishment; but if he that is smitten escape death, and yet be at great expense for his cure, the smiter shall pay for all that has been expended during the time of his sickness, and for all that he has paid the physician. (278) He that kicks a woman with child, so that the woman miscarry, let him pay a fine in money, as the judges shall determine, as having diminished the multitude by the destruction of what was in her womb; and let money also be given the woman’s husband by him that kicked her; but if she die of the stroke, let him also be put to death, the law judging it equitable that life should go for life.

(Josephus, F., & Whiston, W. (1987). The works of Josephus: complete and unabridged (p. 122). Peabody: Hendrickson.)

Assertions range from the statement of Tachauer that Josephus employed only a Hebrew text to that of Schalit that Josephus used only the Greek Bible. The overwhelming majority of scholars, however, have taken an intermediate position, suggesting that Josephus used both, in addition to, perhaps, an Aramaic targum.

(Chapter 13 Use, Authority and Exegesis of Mikra in the Writings of Josephus by Louis H. Feldma) http://media.sabda.org/alkitab-2/PDF%20Books/Working%20PDF/Mikra/Mikra%2005.pdf

However, this is also not certain since it also argued that the LXX wasn’t available to him at the time he wrote this summary of the law and he–like any other author–can be unreliable:

The general result of the study can be outlined briefly at the outset: as he stated himself( AJ 1:5 f., CAp 1:54) he did translate from much-used library books in Hebrew containing many learned corrections and glosses; this source will be termed H. The first library in which the scrolls were written, stored, corrected and used until the 70 war is most probably the Temple archive; the text-type is quite close to the Hebrew source of the Septuagint (hereafter) but, strangely enough, this supposedly well known Greek translation of the Pentateuch was not available to him, at least not before the last stages of his work, though he knew and quoted the Letter of Aristeas, which expounds at length the story of this translation and gives it all due authority.

https://www.academia.edu/5229484/Josephus_and_the_Pentateuch

In many cases Josephus’ paraphrase is at odds with all the biblical witnesses we know, though he stresses his faithfulness to his sources (AJ 1:17): he adds speeches or omits whole chapters; he reshapes his material, not only by formal changes, but also by adducing many exegetical traditions, no less than laws and customs, which cannot have been extracted directly from the biblical letter. Moreover, the archetype of all the extant mss of the Antiquities is most probably two or three centuries later than the original scrolls, written by Josephus and/or his assistents. It has many alterations, either mistakes or learned corrections; the latter are more misleading, since they give way to granting Josephus pieces of information he never uttered. Of course, it is impossible to deal properly with Josephus’ Bible before an identification of all these alterations.

https://www.academia.edu/5229484/Josephus_and_the_Pentateuch

There is one more thing we must address:

If a man intentionally struck a pregnant woman for the purpose of killing the fetus, the punishment would be most severe—probably death. Therefore to claim that the fetus is not a person and that the Bible permits abortion simply on the grounds of an unintentional but negligent assault on the mother and fetus in Exod 21:22 is reckless if not disingenuous.

https://pdfs.semanticscholar.org/50b2/064cf1d09be12389ecebc8c235b1bd3ec628.pdf

In the footnote they point out :

Scholars have considered Josephus’ comments on Exod 21 22 and on abortion an ìnterpretational crux. On the one hand, Josephus held to the traditional Jewish interpretation in Ant4.278. “He that kicks a pregnant woman, so that the woman miscarry, let him be fined by the judges as for having destroyed in the womb (and) having diminished the multitude, and let money be given to the husband of the woman for it (ι.e. the fetus).” On the other hand, in Ap.2.202 he holds that intentional abortion is murder. “The law commands (us) to rear all (of our offspring), and forbids to abort the fetus, neither to destroy (it after birth), but she will appear to be a child killer (teknoktonos) if she destroyed a soul and diminished the race.” V Aptowitzer claims that these two statements are a “gross contradiction” and that “in the first case a law is reproduced, hence the language of the lawgiver, in the second case a moral valuation is involved, hence the language of the moralist.” “Observations on the Criminal Law of the Jews,” JQR.15 (1924) 87 η 117 This explanation, however, will not do Josephus clearly appeals to the law and indicts the one who commits an intentional abortion as a “child killer.” (Josephus used the cognate word teknoktonia to describe Herod when he murdered his sons Ant 16.392, J W 1 543 ) Perhaps he considered the Exodus case as an unintentional assault, although his loose paraphrase of Exod 21.22 does not directly indicate this since he considers intentional abortion as murder. If so, Josephus’ views are not contradictory. Indeed they parallel some of the ancient Near Eastern laws Josephus’ statement in Ap.2.202 curiously resembles Did 2.2 and Barn 19.5 “You shall not kill a child by abortion, neither will you kill (the child) after it is born ” Could these statements reflect a common axiom of both Jew and Christian concerning abortion in the late first and early second centuries?

https://pdfs.semanticscholar.org/50b2/064cf1d09be12389ecebc8c235b1bd3ec628.pdf

However, as Propp points out on page 225:

For Exod 21:23, a question immediately arises. Is this not an accidental injury? It is, but evidently not one exempted by 21:13. In other words, we are to interpret 21:13 in the manner of Num 35:22-23; Deut 19:5: “acts of God” are true accidents like workplace injuries, not the unintended consequences of animosity. The same might be inferred from Exod 21:18: two men fight and one kills the other without previous intent. If the stricken party recovers, his assailant is cleared. The tacit assumption is that, if he does not recover, his adversary is a murderer, even in the absence of premeditation. In other words, what we reckon as manslaughter, the Bible considers murder. If people wish to brawl, they may, but they risk incurring capital charges if either participant or bystander dies.

Exodus 21:23 mandates execution should the pregnant woman die. But execution of whom, the male combatant or his wife? Strict talion in a patriarchal society would require the latter (Houtman 20000: 165). Hammurapi §§116, 210, 230 and Middle Assyrian Laws §55 offer examples of a man’s wife or children being mharmed for his offenses against another’s wife or children. Still, we cannot be certain.

On Propp’s last statements, it seems the Bible did not practice this type of retributive talion, it rather only punished the person responsible. It is uncertain if Josephus’ statements are indeed contradictory but maybe we could posit four levels of intentionality to reconcile them: 1. fully intentional, 2. negligent (partially intentional), 3 unintentional but directly following from your actions (go a city of refuge), 4. completely unintentional. (no need to go to a city of refuge) Maybe this verse then falls into covering “2. negligent (partially intentional)” they were fighting with the intent to hurt and ended up hurting someone nearby. Propp seems to not include item 2. or 4. as a possible category. The idea that these verses are addressing negligence (2.) is backed up by the context afterward. Contrary to Propp there is no evidence that Exod 21:18 would necessarily result in capital punishment if one man died. It could also be a case of negligence since the verse about a slave being monetarily compensated for his damages appears right after and negligence seemed to punished with equal retribution or equivalent monetary compensation that was laid on the perpetrator by a representative of the victim. An example of this idea occurs in the following context with an ox that is and is not known to gore where there seems to be 2. and 4. levels of intentionality covered i.e. 4. you are either killed or have to pay monetary compensation because of negligence when your ox is known to gore (no going to city of refuge), 2. there is no need to go to a city of refuge when your ox gores someone because the ox’s action is not your action:

22 When people who are fighting injure a pregnant woman so that there is a miscarriage, and yet no further harm follows, the one responsible shall be fined what the woman’s husband demands, paying as much as the judges determine. 23 If any harm follows, then you shall give life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, stripe for stripe.

26 When a slaveowner strikes the eye of a male or female slave, destroying it, the owner shall let the slave go, a free person, to compensate for the eye. 27 If the owner knocks out a tooth of a male or female slave, the slave shall be let go, a free person, to compensate for the tooth. 28 When an ox gores a man or a woman to death, the ox shall be stoned, and its flesh shall not be eaten; but the owner of the ox shall not be liable. 29 If the ox has been accustomed to gore in the past, and its owner has been warned but has not restrained it, and it kills a man or a woman, the ox shall be stoned, and its owner also shall be put to death. 30 If a ransom is imposed on the owner, then the owner shall pay whatever is imposed for the redemption of the victim’s life. 31 If it gores a boy or a girl, the owner shall be dealt with according to this same rule. 32 If the ox gores a male or female slave, the owner shall pay to the slaveowner thirty shekels of silver, and the ox shall be stoned.

(Ex 21:22-32 NRSV)

As can be seen from this and the context, negligence is repaid either with literal lex talionis retribution or with monetary compensation depending on what is laid on the perpetrator. However, another idea must be considered the term “life for life” or other such phrases in a lex talionis cannot be taken literally at all:

1. Is the Death of the Woman a Capital Offence?

One influential interpretation argues that this phrase merely expresses a legal formula which is expounded in proverbial form. The principle is that whatever punishment is imposed (and in this immediate case the punishment is a fine) must be proportionate to the harm inflicted on the victim. Sarna notes “[r]abbinic tradition understood the biblical formulation to mean monetary payment and not physical retaliation” and he defends this interpretation. Drazin notes that the Halacah in b. B.K 84a and Sanhedrin 79a and Mekach understand the phrase to refer to a principle of commensurate compensation. Plaut states that “few passages in the Torah have been so thoroughly misunderstood” and suggests the text is best understood as requiring “the value of an eye for the loss of an eye”, “the value of a limb for its loss and so on”. Rachels, Harrison, et al. do not engage with this tradition of exegesis. They appear merely to assume a literalistic reading without argument.

There are, I think, good reasons for accepting the traditional, rabbinic exegesis on this point. Here I will provide six. While none of them may be decisive in themselves, jointly, I believe, they provide a strong case for reading v 23 in the traditional fashion.

The first reason is how phraseology such as that found in v 23 functions in such a genre as Exodus is written in. As noted above, this section of the book of Exodus in terms of its structure, literary form and language parallels the structure and language of Ancient Near Eastern (A.N.E.) legal texts. Interestingly enough, the legal formulas such as ‘an eye for an eye or a tooth for a tooth’ are not uncommon in such codes. In Old Babylonian law the hand that assaults is severed, a man who kisses another’s wife has his lips cut off, a person who steals bees is to be stung by bees. A person who had thrown his victim into an oven was to be thrown into an oven. A man who raped another’s wife would be sentenced to having his own wife or daughter raped. A negligent builder whose house collapsed and killed another’s son would be sentenced to having his own son killed. In act, the Code of Hammurabi states that if a man knocks out the eye of one of the upper classes, his eye must be knocked out.

Westbrook notes that such laws “reflect the scribal compilers’ concern for perfect symmetry and delicious irony rather than the pragmatic experience of the law courts”. The method used in legal texts was “to set out principles by the use of often extreme examples”. He goes on to note “[s]ome law codes impose physical punishments and others payments for the same offenses, while some codes have a mixture of the two. There is not necessarily a contradiction.” He explains that “in highlighting one or the other alternative, the codes are making a statement as to their view of the gravity of the offence”. Westbrook argues that serious wrongs “gave rise to a dual right in the victim or his family, namely to take revenge on the culprit, or to make composition with the culprit and accept payment in lieu of revenge”. He goes on to note, “[t]his right was a legal right, determined and regulated by the court”. The courts could “fix the level of composition payment” making “revenge a contingent right, which was only revived if the culprit failed to pay”. When talionic legal formulae occur in A.N.E. legal texts they merely express that the punishment be proportional to the crime. This could involve punishment in kind (which would be proportional to the crime) but in most cases it would probably involve monetary compensation. The phraseology is compatible with either.

J Finkelstein makes a similar point reflecting on what appears to be very harsh capital (and sometimes vicarious) sentences in the code of Hammurabi and the absurdity and impossibility of putting them into practice. He states that Mesopotamian penalty prescriptions,

[W]ere not meant to be complied with literally even when they were first drawn up, [But rather they] serve an admonitory function. If one would be bold enough to restate Hammurabi’s 230 as a direct admonition it might run to this effect: “woe to the contractor who undertakes construction and in his greed cuts corners”.

There is evidence then to suggest that when talionic formulae occur in A.N.E. legal texts they do not necessarily function as commandments to inflict literal mutilation in kind. They rather function as a kind of hyperbolic, ironical way of denouncing the crime and expressing a principle of proportionality.

The second reason for understanding the lex talionis in this fashion follows on from the first. A careful reading of the Hebrew Bible suggests that something like what Westbrook and Finkelstein argue is true of the Torah. Verses 29-32 deal with a case where an ox gores another person to death due to negligence on the part of the owner. This is a case of negligent homicide as opposed to premeditated killing; the penalty rendered is that the negligent person shall be put to death. However, immediately proceeding this, provision is made for a monetary fine to be paid instead of execution. This suggests that the command to execute was not considered incompatible with payment of monetary compensation proportional to the offence. The phrase “he shall be put to death” is not always to be taken literally.

https://www.academia.edu/2243554/Feticide_the_Masoretic_Text_and_the_Septuagint

This brings into question the very distinction of the lex talionis from the fine in verse 22, is one necessarily more serious than the other?

I would argue that the ox is a different situation because of the level of intent. In addition, I would argue that “life for life” is often used literally, although lesser punishments like “eye for eye” are not based on the servant who goes free based on any significant damage. Yet the servant who is killed is not covered by monetary compensation see misconception 8: https://hebrewroots.communes.org/2020/04/09/a-list-of-torah-misconceptions-in-short/ Also the death of someone “life for life” is demanded based on man being made in the image of God:

Whoever sheds the blood of a human,
by a human shall that person’s blood be shed;
for in his own image
God made humankind. (Gen 9:6 NRSV)

life for life. This NOTE and the following treat the Old Testament’s notorious lex talionis or “law of ritribution” (Exod 21:23-25; Lev 24:17-22; cf. Deut 19:19). In this context, “life for life” almost certainly prescribes a capital punishment (Luzzatto). (Hypothetically, nepes tahat nepes could also indicate giving the aggrieved part a child or a wife to replace the deceased–cf. Gen 4:25–but such recompense would be impossible with eyes, teeth etc., and so probably is not intended here, especially since no recipient is specified.)

The principle “life for life” appears also in nonjudicial contexts. Jehu admonishes his guard, 2Kgs 10:24, “The man who escapes from among the men I am about to bring upon your hands–his life for his life (napso tahat napso),” apparently meaning that anyone who lets a Baal-worshipper escape will forfeit his own life. And in 1 Kgs 20:39, a prisoner is entrusted to a soldier with the words, “Your life for his life (napseka tahat napso); or you must weigh out a talent of silver.”

. . .

Exodus 21:23 mandates execution should the pregnant woman die . . .

What if the pregnant woman merely miscarries? If fetal death counts under “injury,” then someone must die. But who? It must be either the assailant (cf. Middle Assyrian Laws A §50) or perhaps his youngest child, in the true spirit of talion. (One might argue that Deu 24:16 “Fathers shall not be put to death on account of sons; and sons, they shall not be put to death on account of fathers,” attacks this very practice, but, more likely, the subject is vicarious punishment; e.g., if a murderer fled abroad, his son was executed in his stead.)

“Life for life” raises one other question: the term nepes technically refers to both human and animal life. Obviously, one cannot compound a murder or manslaughter just by killing a sheep. But if I kill your sheep, is my punishment to kill one of my own? Or do I owe you a sheep? Lev 24:17-18, 21 explicity addresses these issues:

And a man, should he strike (dead) any human’s life (nepes), must be put to death, death. And should one strike (dead) an animals’s life, he must repay it, life for life (nepes tahat nepes). . . . And whoever strikes (dead) a beast must repay it, but whoever strikes a human must be put to death.

page 225-226

D. Conclusion

I think you see by now that the interpretation of the text is uncertain enough that we may not be able to make any definite conclusions about it with regard to the ethical nature of abortion. You may also notice that none of these ideas help us get to where exactly conception begins. Philo does have some commentary on it:

(135) Thus the souls which are already pregnant are naturally likely to bring forth children, rather than those which are now receiving the seed. But as the eyes of the body do oftentimes see obscurely, and often on the other hand see clearly, so in the same manner does the eye of the soul, at times, receive the particular impressions conveyed to it by things in a most confused and indistinct manner, and at other times it beholds them with the greatest purity and clearness; (136) therefore an indistinct and not clearly manifested conception resembles an embryo which has not yet received any distinct character or similitude within the womb: but that which is clear and distinctly visible, is like one which is completely formed, and which is already fashioned in an artistic manner as to both its inward and its outward parts, and which has already received its suitable character. (137) And with respect to these matters the following law has been enacted with great beauty and propriety: “If while two men are fighting one should strike a woman who is great with child, and her child should come from her before it is completely formed, he shall be muleted in a fine, according to what the husband of the woman shall impose on him, and he shall pay the fine deservedly. But if the child be fully formed, he shall pay life for life.”

For it was not the same thing, to destroy a perfect and an imperfect work of the mind, nor is what is only likened by a figure similar to what is really comprehended, nor is what is only hoped for similar to what really exists. (138) On this account, in one case, an uncertain penalty is affixed to an uncertain action; in another, a definite punishment is enacted by law against an act which is perfected, but which is perfected not with respect to virtue, but with reference to what is done in an irreproachable manner, according to some act. For it is not she who has just received the seed, but she who has been for some time pregnant, who brings forth this offspring, professing boasting rather than modesty. For it is impossible that she who has been pregnant some time should miscarry, since it is fitting that the plant should be conducted to perfection by him who sowed it; but it is not strange if some mishap should befall the woman who was pregnant, since she was afflicted with a disease beyond the art of the physician.[2] (Yonge, C. D. with Philo of Alexandria. (1995). The works of Philo: complete and unabridged (p. 316). Peabody, MA: Hendrickson.)

(108) But if any one has a contest with a woman who is pregnant, and strike her a blow on her belly, and she miscarry, if the child which was conceived within her is still unfashioned and unformed, he shall be punished by a fine, both for the assault which he committed and also because he has prevented nature, who was fashioning and preparing that most excellent of all creatures, a human being, from bringing him into existence. But if the child which was conceived had assumed a distinct shape in all its parts, having received all its proper connective and distinctive qualities, he shall die; (109) for such a creature as that is a man, whom he has slain while still in the workshop of nature, who had not thought it as yet a proper time to produce him to the light, but had kept him like a statue lying in a sculptor’s workshop, requiring nothing more than to be released and sent out into the world.[3] (Yonge, C. D. with Philo of Alexandria. (1995). The works of Philo: complete and unabridged (p. 605). Peabody, MA: Hendrickson.)

This should be interpreted in light of this information (note Flannigan follows a non-literal lex talionis interpretation unlike me in the case of death)

The LXX’s teaching about an assault upon a woman does not contradict the MT’s teaching on this question. While the LXX does not mention harm to the mother in this passage, causing harm to the mother falls readily under the other laws dealing with assault where an assailant is required to compensate his victim for damages suffered. Hence, its teaching on this question is essentially the same as the MT’s even if the presentation of it differs.

Nor does the teaching of the LXX regarding feticide contradict the teaching of the MT. The MT states that if a person kills a fetus he or she must pay a fine based upon an assessment. While the mode of assessment is not specified, evidence suggests that there existed a practice that based it upon the age of the fetus. The LXX does not contradict this. It states that if a person kills a fetus he or she must pay an assessment and it bases the assessment upon the age of the fetus.

The difference between the two is that the LXX specifies exactly how this assessment is to be carried out. It claims that when the conceptus is formed the payment must be a payment for homicide. The Hebrew is silent as to how the assessment is to be carried out so it does not deny that this is the correct way to carry out the assessment. Hence, the LXX is entirely compatible with the Hebrew here. As Scott notes, “This Greek interpretation of the passage reveals how the law had come to be applied over centuries of use, at least in the Alexandrian, Jewish community”.

The distinction made between a formed and unformed conceptus strengthens this conclusion. The distinction appears to be drawn from Greek natural philosophy. Kapparis notes, “Formation was a crucial concept in connection with the human identity of the unborn in Hippocratic medicine”. He adds,

In the understanding of many, [Hippocratic doctors] the acquisition of human identity was not something that happened at birth but well before that, when the foetus was sufficiently formed to be considered a human being.

Kapparis draws attention to numerous examples of the formed/unformed distinction in numerous, ancient, embryological writings. Galen for example noted that two contemporary studies, The Commentaries on the Demonstration and On the views of Hippocrates and Plato, defended the view “[t]hat what is in the womb is already a living being when it is formed in all its members”. Similarly, the Hippocratic study On the Nature of the Child, affirms that a conceptus “becomes a child” when it attains form. A similar view appears to be expressed by Socrates in Platonic dialogues.

The formed/unformed distinction appears in numerous other works. Soranus mentions the distinction and suggests that abortions should be performed only when the conceptus is unformed.

Interestingly, authors who mentioned the formed/unformed distinction tended to place its occurrence at roughly the same time, though they differed on the precise details. Diogenes Laertius informs us of the Pythagorean view.

This first creation [the conceptus] is formed in forty days, and then, in accordance with the law of harmony, the baby is perfected and born after seven, or nine, or maximum ten months.

Empedocles similarly argued that formation started on the 39th day and was completed on the 49th. Asclepiades noted the formed/unformed distinction and suggested that for males formation occurred between the 26th and 50th days and females were formed around 60 days. The tract, On the Nature of the Child, states a male fetus is formed

after 30 days and female fetuses were formed on the 42nd day. The author of On Seven Months Child, states a male conceptus is formed at 40 days while a female is formed after this.

Perhaps the most influential of Greek biologists was Aristotle. Aristotle developed the Hippocratic views with more sophistication. He argued that the soul was the life principle of the body. A conceptus began with a vegetative soul and then gradually acquired a sensitive soul. It became fully human when it achieved form, which occurred 40 days after conception for a boy or 90 for a girl. Aristotle’s views were based on empirical investigations. Other biologists from the period also based their views on empirical observation either from miscarriages and abortions that had occurred in humans or on analogy with the embryological development with animals.

There appeared then to be an established distinction in ancient Greek embryology between a formed and unformed fetus. The similarity between the Hippocratic/Aristotelian position and the LXX can hardly be a coincidence. It appears Alexandrian Jews utilised the biological information of their day, concluded that a formed conceptus was a human being and hence applied the law accordingly. In many ways this is unsurprising because even with Palestinian Rabbinical Judaism, Aristotelian embryology was often appealed to by Jewish scholars. Several examples bear this out.

The first comes from Nid. 3:2-7. Here the question arises about how the cleanliness laws recorded in Leviticus 12 apply to a woman who has miscarried. The law prescribes that a woman who has given birth to a child is unclean for forty days if the child born is a boy and eighty days if it is a girl. The question raised is when does miscarrying a fetus constitute giving birth to a child?


The answer given is that a miscarriage qualifies as the birth of a child if the conceptus has the form of a human being. It is stated that this happens on the forty-first day after conception. The justification provided for this ruling is precisely the kind of empirical studies that Greek biologists had appealed to.

A second example occurs in Ker. 1:3-5. The law requires that after a woman has undergone her post-birth period of uncleanness she is required to make a sacrifice. The question is asked, does this apply if she miscarries a fetus? The answer is the same as in the previous case, after forty-one days the conceptus has form. At this stage, a miscarriage is considered the birth of a child.

The third example comes from Bek. 8:1. Here the issue is the application of Exodus 13:12 where it states that a woman must redeem her first-born son with an offering. The question arises as to whether a child born to a woman who had miscarried previously is considered the first-born son. The answer is yes but only if the miscarried conceptus had not been formed which occurs at forty-one days after conception.

Four things then are evident. Firstly, in translating the LXX Alexandrian scholars aimed at “a gloss or commentary rather than a literal rendering of the Hebrew text”. They were “attempting to embody — in a widely accessible form — then-current applications of the Scriptures”. Secondly, it was common practice even in Rabbinical Judaism to utilise Greek natural philosophy in applying the Torah to various issues. Thirdly, the dominant, Greek, natural philosophy placed an important stress upon form in determining the human status of a conceptus. Fourthly, the LXX appears to utilise this distinction in applying the Torah to the question of feticide.

The best explanation appears to be that Alexandrian Jews utilised Greek embryology in an effort to apply the Torah to the question of feticide. The law told them that if a person killed a fetus they had to be punished based on an assessment of the maturity of the fetus. The science of the day taught them that a conceptus was human when it attained human form around 40 days post-conception. Hence, they concluded that if a person killed a formed conceptus this was homicide.

Consequently, the LXX is perhaps best seen as simply complementing the MT and offering an interpretation as to how to apply the law that it prescribes. The scribes behind the LXX did not so much attempt accurate translation of the text but rather faithful interpretation of it to explain its requirements to others. The Hebrew text taught that if a man killed a fetus one was to base the punishment upon an assessment based upon its level of development. This is precisely what the Alexandrian Jews did. Utilising the empirical information of the day they made such an assessment and concluded that early in the pregnancy it constituted homicide. In order to determine if their conclusion were mistaken or correct, the time of hominisation must be assessed. It is not determined by examining the text. The text simply demands that the assessment be made. The question is whether it was made correctly. Are there good grounds for holding that a formed conceptus is a human being? If there are then the LXX does propose a faithful application of the law.

https://www.academia.edu/2243554/Feticide_the_Masoretic_Text_and_the_Septuagint

Conclusion

I take position 3. “The LXX is a paraphrase clarifying the scenario where the woman wasn’t harmed (miscarriage is assumed in all scenarios)” so harm could apply to the woman. The LXX only addresses a scenario where the woman isn’t harmed. I take lex talionis as an additional punishment to the fine and I take it literally in the case of “life for Iife” and non-literally in the case of lesser mutilations. I take Exodus 21:22-25 as speaking to “negligence” where a literal “life for life” or monetary compensation can be applied to the offender based on what the husband of the woman demands.

While we can see some implications with regards to fetal personhood in the case of miscarriage in Ex 21:22-25 they do not appear certain to me especially given that the uncertain nature of the lex talionis and intent in this case. Josephus interestingly was against intentional abortion and yet interpreted the passage as a miscarriage along with all the other commentaries of his time. Hence, I prefer to weight the evidence in sections A and B more heavily.

The conclusion I can come to is that fetal personhood happens at some point during pregnancy. Josephus interestingly elevates an intentional abortion of any type to be punished with death but this is not consistent with the evidence in section B. The only way to make it consistent is to say that the timing of justice is paramount and invalidates fetal personhood in executing perpetrators of sexual immorality. However, I think that exceptions were made for pregnancies if the fetus was thought to be “fully formed” or similar based on my tentative understanding of the lex talionis in Ex 21:22-25. I think this is possible because many details on how to carry out punishments could be left out of the Torah and fetal personhood is elsewhere supported in the Bible. Fetal personhood is also supported by the extra-biblical sources which indicate that believers did value fetal personhood: https://glanier.wordpress.com/2014/01/26/abortion-in-the-scrolls-and-the-didache/

The value of the fetus before being “fully formed” would then be up for debate at different stages. A newly fertilized egg seems to not be considered valuable but later stages seem to be since a fine is imposed in Ex 21:22 even before it was called “fully formed” (even this is not certain if it were only about compensation for trauma but is itself made complicated by the fact that this may have been an unintentional act). What I have drawn from all this is that these topics are nowhere near as easy to decide as I had once thought. This does not suggest there isn’t value in the fetus before it attains a status of personhood so abortion (after the time of conception and before it is “fully formed”) is difficult to comment on with certainty.

The Priesthood of Tamar

Last updated: 2021-08-19

What on earth am I talking about? Well, in a former post, I described a theory that David had the priesthood of Melchizedek because he was able to eat the show-bread and offer sacrifices:
https://hebrewroots.communes.org/2019/05/19/yeshua-and-the-heart-of-sabbath-law/ In addition, David’s son’s are called “priests” in 2 Samuel 8:18. The question I answer in this post is: where did David get that priesthood? Here’s the first mention of Melchizedek in the Bible: (All verses are in the NRSV unless otherwise noted)

17 After his return from the defeat of Chedorlaomer and the kings who were with him, the king of Sodom went out to meet him at the Valley of Shaveh (that is, the King’s Valley). 18 And King Melchizedek of Salem brought out bread and wine; he was priest of God Most High. 19 He blessed him and said,

“Blessed be Abram by God Most High,
maker of heaven and earth;
20 and blessed be God Most High,
who has delivered your enemies into your hand!”

And Abram gave him one-tenth of everything. (Gen 14:17-20)

Here’s what Hebrews says about the previous passage:

1 This “King Melchizedek of Salem, priest of the Most High God, met Abraham as he was returning from defeating the kings and blessed him”; 2 and to him Abraham apportioned “one-tenth of everything.” His name, in the first place, means “king of righteousness”; next he is also king of Salem, that is, “king of peace.” 3 Without father, without mother, without genealogy, having neither beginning of days nor end of life, but resembling the Son of God, he remains a priest forever.

4 See how great he is! Even Abraham the patriarch gave him a tenth of the spoils. 5 And those descendants of Levi who receive the priestly office have a commandment in the law to collect tithes from the people, that is, from their kindred, though these also are descended from Abraham. 6 But this man, who does not belong to their ancestry, collected tithes from Abraham and blessed him who had received the promises. 7 It is beyond dispute that the inferior is blessed by the superior. 8 In the one case, tithes are received by those who are mortal; in the other, by one of whom it is testified that he lives. 9 One might even say that Levi himself, who receives tithes, paid tithes through Abraham, 10 for he was still in the loins of his ancestor when Melchizedek met him. (Hebrews 7:1-10)

The Christian Courier has this to say about Hebrews 7:3:

None of the expressions in Hebrews 7:3 is to be assigned a literal meaning. Rather, they are terms that depict the nature of Melchizedek’s priesthood, in contrast to the Aaronic priesthood, as such prevailed under the Mosaic regime.

A careful consideration of the context is essential in the interpretation of these expressions.

It was not that Melchizedek was “without father, without mother” literally, or that he had no genealogical background.

No, the truth being conveyed was this. Whereas the Aaronic priesthood resulted from being a part of a family line (i.e., the descendants of Aaron, Moses’ brother) the priesthood of Melchizedek was bestowed directly by God.

And it was precisely in this manner that the Lord Jesus was appointed as our High Priest. He did not inherit it by means of a physical lineage (cf. Hebrews 7:14).

https://www.christiancourier.com/articles/920-questions-about-melchizedek

They give an example in ancient literature:

An Example of Ancient Language
There is an interesting text from one of the Amarna letters (more than 350 clay tablets from the Royal Egyptian archives, cir. 1400-1360 B.C.) that illustrates this matter. These letters were produced by scribes in Canaan, Phoenicia, and southern Syria.

In one of these letters (No. 286) there is the claim of Abdu-Heba, king of Urusalim [Jerusalem], which says:

“Behold, as for me, it was not my father and not my mother who set me in this place; the arm of the mighty king brought me into the house of my father!” (Pritchard, 1958, pp. 269-270).

This is not to suggest that Abdu-Heba was Melchizedek, only that the circumstance of bestowal in the former’s case is strikingly similar to the language regarding Melchizedek.

Melchizedek was not without physical parents. The reality was, he did not owe his position to them. The same was true with reference to Christ. It was not his Hebrew lineage that brought him to the priesthood. It was by means of a direct appointment of Jehovah.

https://www.christiancourier.com/articles/920-questions-about-melchizedek

The passage they refer to is this one:

For it is evident that our Lord was descended from Judah, and in connection with that tribe Moses said nothing about priests. (Hebrews 7:14)

However, im going to modify their approach slightly. What if this priesthood is bestowed by God like the priesthood of Phinehas but is also for his descendants?

7 When Phinehas son of Eleazar, son of Aaron the priest, saw it, he got up and left the congregation. Taking a spear in his hand, 8 he went after the Israelite man into the tent, and pierced the two of them, the Israelite and the woman, through the belly. So the plague was stopped among the people of Israel. 9 Nevertheless those that died by the plague were twenty-four thousand.
10 The Lord spoke to Moses, saying: 11 “Phinehas son of Eleazar, son of Aaron the priest, has turned back my wrath from the Israelites by manifesting such zeal among them on my behalf that in my jealousy I did not consume the Israelites. 12 Therefore say, ‘I hereby grant him my covenant of peace. 13 It shall be for him and for his descendants after him a covenant of perpetual priesthood, because he was zealous for his God, and made atonement for the Israelites.’” (Num 25:1-13 NRSV emphasis mine)

They also go on to quote F. F. Bruce who notes that what is left out of scripture may be treated as divinely inspired in the same way as scripture itself:

No beginning of days or end of life
Nor is the phrase, “having neither beginning of days nor end of life,” to be pressed literally. Surely no one contends that Melchizedek is still alive somewhere upon the earth! Here is the reality of the situation.

According to the biblical record, the Levitical priests served in the tabernacle from the time they were twenty-five years of age, until they were fifty (Numbers 8:24-25), but no such limit is suggested in the scripture record regarding Melchizedek.

As far as the Genesis narrative reveals, there was neither beginning nor end to his administration. And, as F. F. Bruce observed, in this respect “the silences of the Scripture were as much due to divine inspiration as were its statements” (1990, p. 160).

In the case of Christ, our “High Priest” (this designation being used seventeen times in the epistle to the Hebrews), the Lord will serve in this capacity throughout the span of his entire reign, until such fades into that eternal administration (cf. Revelation 5:13b).

https://www.christiancourier.com/articles/920-questions-about-melchizedek

Where else do we see someone without a genealogy? In fact, there’s someone mentioned without even a name, Tamar’s father:

Then Judah said to his daughter-in-law Tamar, “Remain a widow in your father’s house until my son Shelah grows up”—for he feared that he too would die, like his brothers. So Tamar went to live in her father’s house. (Gen 48:11 NRSV)

We might say of him “he is without father and mother and without name just as God answered the question of his name with ‘I am.'” This isn’t to suggest that he is God just a typology of God. When Judah finds out that she has become pregnant he gives the same punishment for her that was given for the daughter of a priest:

When the daughter of a priest profanes herself through prostitution, she profanes her father; she shall be burned to death. (Leviticus 21:9 NRSV)

About three months later Judah was told, “Your daughter-in-law Tamar has played the whore; moreover she is pregnant as a result of whoredom.” And Judah said, “Bring her out, and let her be burned.” (Gen 38:24 NRSV)

As a side note I don’t think it meant “burned alive” (see misconception 9) and I don’t think this was mandated as an exact punishment (see misconception 10) here: https://hebrewroots.communes.org/2020/04/09/a-list-of-torah-misconceptions-in-short/

Tamar means “palm tree.” https://www.blueletterbible.org/lang/lexicon/lexicon.cfm?Strongs=H8559&t=KJV Palm branches are symbolic of victory in the Bible and are used in John and Revelation:

So they took branches of palm trees and went out to meet him, shouting,

“Hosanna!
Blessed is the one who comes in the name of the Lord—
the King of Israel!” (John 12:13 NRSV emphasis mine)

4 And I heard the number of those who were sealed, one hundred forty-four thousand, sealed out of every tribe of the people of Israel:

5 From the tribe of Judah twelve thousand sealed,
from the tribe of Reuben twelve thousand,
from the tribe of Gad twelve thousand,
6 from the tribe of Asher twelve thousand,
from the tribe of Naphtali twelve thousand,
from the tribe of Manasseh twelve thousand,
7 from the tribe of Simeon twelve thousand,
from the tribe of Levi twelve thousand,
from the tribe of Issachar twelve thousand,
8 from the tribe of Zebulun twelve thousand,
from the tribe of Joseph twelve thousand,
from the tribe of Benjamin twelve thousand sealed.

9 After this I looked, and there was a great multitude that no one could count, from every nation, from all tribes and peoples and languages, standing before the throne and before the Lamb, robed in white, with palm branches in their hands. 10 They cried out in a loud voice, saying,

“Salvation belongs to our God who is seated on the throne, and to the Lamb!”

11 And all the angels stood around the throne and around the elders and the four living creatures, and they fell on their faces before the throne and worshiped God, 12 singing,

“Amen! Blessing and glory and wisdom
and thanksgiving and honor
and power and might
be to our God forever and ever! Amen.”

13 Then one of the elders addressed me, saying, “Who are these, robed in white, and where have they come from?” 14 I said to him, “Sir, you are the one that knows.” Then he said to me, “These are they who have come out of the great ordeal; they have washed their robes and made them white in the blood of the Lamb.

15 For this reason they are before the throne of God,
and worship him day and night within his temple,
and the one who is seated on the throne will shelter them.
16 They will hunger no more, and thirst no more;
the sun will not strike them,
nor any scorching heat;
17 for the Lamb at the center of the throne will be their shepherd,
and he will guide them to springs of the water of life,
and God will wipe away every tear from their eyes.” (Rev 7:4-17 NRSV emphasis mine)

This imagery of victory and judgement is also used in Psalm 110 to speak of Melchizedek and you can see that his priesthood was a priesthood to the world rather than to just the house of Israel:

1 The Lord says to my lord,
“Sit at my right hand
until I make your enemies your footstool.”

2 The Lord sends out from Zion
your mighty scepter.
Rule in the midst of your foes.
3 Your people will offer themselves willingly
on the day you lead your forces
on the holy mountains.
From the womb of the morning,
like dew, your youth will come to you.
4 The Lord has sworn and will not change his mind,
“You are a priest forever according to the order of Melchizedek.”

5 The Lord is at your right hand;
he will shatter kings on the day of his wrath.
6 He will execute judgment among the nations,
filling them with corpses;
he will shatter heads
over the wide earth.
7 He will drink from the stream by the path;
therefore he will lift up his head. (Psalm 110:1-7)

Keil and Delitzsch note:

The New Testament also assumes elsewhere that David in this Psalm speaks not of himself, but directly of Him, in whom the Davidic kingship should finally and for ever fulfil that of which the promise speaks. For Psalm 110:1 is regarded elsewhere too as a prophecy of the exaltation of Christ at the right hand of the Father, and of His final victory over all His enemies: Acts 2:34. https://biblehub.com/commentaries/kad/psalms/110.htm

A priesthood–as we saw with Phinehas–can be an intercession for man before God in order to abolish sin and prevent wrath from falling. Since Tamar’s treatment fits a priest’s daughter we may speculate that Tamar’s father was a priest even though Moses said nothing about priests being in Judah.

For it is evident that our Lord was descended from Judah, and in connection with that tribe Moses said nothing about priests. (Hebrews 7:14)

Tamar is also in the genealogy of David and hence Christ. The priesthood of Melchizedek is messianic in nature and so it may have descended from Eve.

I will put enmity between you and the woman,
and between your offspring and hers;
he will strike your head,
and you will strike his heel.” (Gen 3:15)

Hence Tamar may be able to carry on the priesthood since it descends through the female line as well as the male line. This priesthood may have originally started with Adam but then been given to Eve after the fall: https://sbts-wordpress-uploads.s3.amazonaws.com/equip/uploads/2018/10/SBJT-22.2-Adam-as-Priest-Beale.pdf Even if the women weren’t priests themselves it may be the case that it could be passed through the female line. Also, the interventions that God does to make sure Tamar conceives (such as killing Onan) seems to oddly focus on her rather than Judah (since Judah had other descendants) This passage from Ruth is also interesting: (bolded words are mine)

9 Then Boaz said to the elders and all the people, “Today you are witnesses that I have acquired from the hand of Naomi all that belonged to Elimelech and all that belonged to Chilion and Mahlon. 10 I have also acquired Ruth the Moabite, the wife of Mahlon, to be my wife, to maintain the dead man’s name on his inheritance, in order that the name of the dead may not be cut off from his kindred and from the gate of his native place; today you are witnesses.” 11 Then all the people who were at the gate, along with the elders, said, “We are witnesses. May the Lord make the woman who is coming into your house like Rachel and Leah, who together built up the house of Israel. May you produce children in Ephrathah and bestow a name in Bethlehem; 12 and, through the children that the Lord will give you by this young woman, may your house be like the house of Perez, whom Tamar bore to Judah.”

13 So Boaz took Ruth and she became his wife. When they came together, the Lord made her conceive, and she bore a son. 14 Then the women said to Naomi, “Blessed be the Lord, who has not left you this day without next-of-kin; and may his name be renowned in Israel! 15 He shall be to you a restorer of life and a nourisher of your old age; for your daughter-in-law who loves you, who is more to you than seven sons, has borne him.” 16 Then Naomi took the child and laid him in her bosom, and became his nurse. 17 The women of the neighborhood gave him a name, saying, “A son has been born to Naomi.” They named him Obed; he became the father of Jesse, the father of David.

18 Now these are the descendants of Perez: Perez became the father of Hezron, 19 Hezron of Ram, Ram of Amminadab, 20 Amminadab of Nahshon, Nahshon of Salmon, 21 Salmon of Boaz, Boaz of Obed, 22 Obed of Jesse, and Jesse of David. (Ruth 4:9-22 NRSV)

Obed means “to serve” and he is the ancestor of the suffering servant who brings victory over the serpent and makes his enemies his footstool. Perez means “breach” and is used for an invasion into a city and sometimes where the wrath of God fell in judgement:

7 The anger of the Lord was kindled against Uzzah; and God struck him there because he reached out his hand to the ark; and he died there beside the ark of God. 8 David was angry because the Lord had burst forth with an outburst upon Uzzah; so that place is called Perez-uzzah, to this day. (2 Samuel 6:7-8 NRSV)

Here Moses has a priestly function by turning away the wrath of God:

Therefore he said he would destroy them—
had not Moses, his chosen one,
stood in the breach before him,
to turn away his wrath from destroying them. (Psalm 106:23)

Richard Bauckham also has this to say on pages six and seven of his article: “Tamar’s Ancestry and Rahab’s Marriage: Two Problems in the Matthean Genealogy” showing that the view I presented of Tamar was in Jewish tradition:

In addition ‘The Encyclopedia of Jewish Women” states:

According to the Biblical account, Tamar was most likely a Canaanite. The midrash is relatively silent on her life before she married into the family of Judah. One tradition asserts that she was an orphan and was converted in order to marry (BT Sotah 10a), while another claims that she was the daughter of Melchizedek, king of Salem, who was “a priest of God Most High” (Gen. 14:18). Consequently, Judah judged her according to the laws pertaining to the daughter of a priest (which are set forth in Lev. 21:9) and ordered that she be burnt when he thought that she had become pregnant as a result of an illicit tryst (Gen. Rabbah 85:10).

https://jwa.org/encyclopedia/article/tamar-midrash-and-aggadah

I know Tamar’s priesthood is mostly speculation but it’s quite fascinating if it were true.

A “Young” Woman’s Vows Annulled

I was going to put this with my short list of misconceptions but the content got to be too long. I will refer to things in this post so you might want to read it: https://hebrewroots.communes.org/2020/04/09/a-list-of-torah-misconceptions-in-short/

12. Misconception “A woman’s vows in her father’s house could only be annulled when she was young.”

This may not be a misconception but I thought I’d add my alternate interpretation here as well. The verses in question are here:

3 When a woman makes a vow to the Lord, or binds herself by a pledge, while within her father’s house, in her youth, 4 and her father hears of her vow or her pledge by which she has bound herself, and says nothing to her; then all her vows shall stand, and any pledge by which she has bound herself shall stand. 5 But if her father expresses disapproval to her at the time that he hears of it, no vow of hers, and no pledge by which she has bound herself, shall stand; and the Lord will forgive her, because her father had expressed to her his disapproval.

6 If she marries, while obligated by her vows or any thoughtless utterance of her lips by which she has bound herself, 7 and her husband hears of it and says nothing to her at the time that he hears, then her vows shall stand, and her pledges by which she has bound herself shall stand. 8 But if, at the time that her husband hears of it, he expresses disapproval to her, then he shall nullify the vow by which she was obligated, or the thoughtless utterance of her lips, by which she bound herself; and the Lord will forgive her. 9 (But every vow of a widow or of a divorced woman, by which she has bound herself, shall be binding upon her.) 10 And if she made a vow in her husband’s house, or bound herself by a pledge with an oath, 11 and her husband heard it and said nothing to her, and did not express disapproval to her, then all her vows shall stand, and any pledge by which she bound herself shall stand. 12 But if her husband nullifies them at the time that he hears them, then whatever proceeds out of her lips concerning her vows, or concerning her pledge of herself, shall not stand. Her husband has nullified them, and the Lord will forgive her. 13 Any vow or any binding oath to deny herself, her husband may allow to stand, or her husband may nullify. 14 But if her husband says nothing to her from day to day, then he validates all her vows, or all her pledges, by which she is obligated; he has validated them, because he said nothing to her at the time that he heard of them. 15 But if he nullifies them some time after he has heard of them, then he shall bear her guilt. 16 These are the statutes that the Lord commanded Moses concerning a husband and his wife, and a father and his daughter while she is still young and in her father’s house. (Numbers 30:3-15)

What if “youth” here just means “under authority” like a “servant.” Indeed some people are more mature than others regardless of their age. The fact that it speaks about the woman’s vows being able to be annulled by her husband later means there isn’t necessarily a concern for the woman’s youth or inexperience just a concern for the authority structure in the household and of protecting the woman from making rash vows (men are not protected in this way at any point) However, women and men are always allowed to run away from any authority. (as we have learned in my previous post)

It’s true that the translators are a lot smarter than me and they translate the word נָעֻר as “youth.” For the usage see here: https://www.blueletterbible.org/lang/lexicon/lexicon.cfm?Strongs=H5271&t=KJV

However, some other very smart people have declared that the word is simply another form of: נַעַר

Properly, pass. participle from נַעַר (H5288) as denominative

https://www.blueletterbible.org/lang/lexicon/lexicon.cfm?Strongs=H5271&t=KJV

Hence, the core meaning is the same (see: https://www.blueletterbible.org/lang/lexicon/lexicon.cfm?strongs=H5288&t=KJV ) and Gesenius writes this at one point of the masculine form:

In other places boy is rather the name of function, and denotes servant . . . Gen. 37:2 נַעַר הוּא “he (was) servant with the sons of Bilhah,” etc. . . 2 Kings 5:20; 8:4: Exod. 33:11; 2 Ki. 4:12; used also of common soldiers . . . 1 Kings 20:15, 17, 19; 2 Kings 19:6

https://www.blueletterbible.org/lang/lexicon/lexicon.cfm?strongs=H5288&t=KJV

Indeed, it uses the same term for “youth” when a woman returns to her father’s house when older “as in her youth” and says she can eat the same things she could in her “youth.” In addition, along with the family, it was only servants bought with money that could also eat these holy things:

10 No lay person shall eat of the sacred donations. No bound or hired servant of the priest shall eat of the sacred donations; 11 but if a priest acquires anyone by purchase, the person may eat of them; and those that are born in his house may eat of his food. 12 If a priest’s daughter marries a layman, she shall not eat of the offering of the sacred donations; 13 but if a priest’s daughter is widowed or divorced, without offspring, and returns to her father’s house, as in her youth, she may eat of her father’s food. No lay person shall eat of it. 14 If a man eats of the sacred donation unintentionally, he shall add one-fifth of its value to it, and give the sacred donation to the priest. 15 No one shall profane the sacred donations of the people of Israel, which they offer to the Lord, 16 causing them to bear guilt requiring a guilt offering, by eating their sacred donations: for I am the Lord; I sanctify them. (Leviticus 22:10-16 NRSV)

The annulling of vows by the father may have partially been to prevent the curse in Genesis from taking place, compare the following:

To the woman he said,
“I will greatly increase your pangs in childbearing;
in pain you shall bring forth children,
yet your desire shall be for your husband,
and he shall rule over you.” (Gen 3:16 NRSV)

16 When a man seduces a virgin who is not engaged to be married, and lies with her, he shall give the bride-price for her and make her his wife. 17 But if her father refuses to give her to him, he shall pay an amount equal to the bride-price for virgins. (Exodus 22:16-17 NRSV)

A woman may rashly vow to marry a controlling husband but think better of it later as this research may show:

Even worse, these masculine men often embody the Dark Triad, a personality constellation that encompasses Machiavellianism, psychopathy, and narcissism. So, what in the world is appealing about these objectionable individuals? Quite simply, they possess high-quality genes that they will pass down to their future children.

. . .
What did the researchers find? Women preferred aggressive men as short-term mates, and particularly during ovulation. This finding builds on previous work demonstrating that women find male characteristics such as dominance and masculine facial features especially attractive when they are fertile.

https://www.psychologytoday.com/us/blog/head-games/201305/the-allure-aggressive-men

We have also learned the following in my previous post:

A. Even sons in their father’s house had no income of their own and had to follow all the orders of their father. (Luke 15:11-32)

B. Good sons are said to “serve” their fathers with the same word used for “servant” in Malachi 3:17.

C. That a servant is not different from a son until inheritance. (Galatians 4:1-3)

D. That sex with the capability of producing children is an obligation of men to women.(Ex 21:10) (Gen 30:14-18) (Gen 38:8-10)

In addition to D. one of the Jewish interpretations of Leviticus 19:29 in the Talmud is to not deny your daughter her right to get married when she is young:

(Fol. 76) You shall not profane your daugher (Lev. 19, 29). R. Eliezer says: “This refers to one who marries off his [young] daughter to an old man.” R. Akiba says: “This refers to one who leaves his daughter unmarried until she enters the age of womanhood.” R. Cahana in the name of R. Akiba said (Ib. b) Who is to be considered poor and shrewd-wicked? He who has left his daughter unmarried until she enters the age of womanhood.”

Ein Yaakov (Glick Edition), Sanhedrin 9:1

Gesenius has this for the word used in Leviticus 19:29:

(3) to lay open, to give access to [“to profane, from the idea of opening”], hence—(a) חִלֵל הַבַּת Lev. 19:29, to prostitute one’s daughter, comp, Lev. 21:7,14.

https://www.blueletterbible.org/lang/lexicon/lexicon.cfm?Strongs=H2490&t=KJV

So these things about making sure the father lets his daughter get married may fit with my interpretation but it would also fit with the standard interpretation of “youth.” If that standard interpretation is correct then by specifying “in her youth” it’s implying the father should make sure she doesn’t have to remain in his house afterward. Given what we know about household authority and not being able to resolve “why are her vows able to be annulled when she is older by her husband” this would make some sense.

The last question is “could the word be interpreted both “youth” and “under authority” in this case?” If that was the case the associated meanings I have come up with for both interpretations would seem to apply.