Covenant Code
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The Covenant Code, or Book of the Covenant, is the name given by academics to a text appearing in the
Torah The Torah (; hbo, ''Tōrā'', "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. In that sense, Torah means the s ...
, at
Exodus Exodus or the Exodus may refer to: Religion * Book of Exodus, second book of the Hebrew Torah and the Christian Bible * The Exodus, the biblical story of the migration of the ancient Israelites from Egypt into Canaan Historical events * Ex ...
-; or, more strictly, the term ''Covenant Code'' may be applied to Exodus 21:1–22:16. Biblically, the text is the second of the law codes given to
Moses Moses hbo, מֹשֶׁה, Mōše; also known as Moshe or Moshe Rabbeinu (Mishnaic Hebrew: מֹשֶׁה רַבֵּינוּ, ); syr, ܡܘܫܐ, Mūše; ar, موسى, Mūsā; grc, Mωϋσῆς, Mōÿsēs () is considered the most important pro ...
by
God In monotheistic thought, God is usually viewed as the supreme being, creator, and principal object of faith. Swinburne, R.G. "God" in Honderich, Ted. (ed)''The Oxford Companion to Philosophy'', Oxford University Press, 1995. God is typically ...
at
Mount Sinai Mount Sinai ( he , הר סיני ''Har Sinai''; Aramaic: ܛܘܪܐ ܕܣܝܢܝ ''Ṭūrāʾ Dsyny''), traditionally known as Jabal Musa ( ar, جَبَل مُوسَىٰ, translation: Mount Moses), is a mountain on the Sinai Peninsula of Egypt. It is ...
. This legal text provides a small but substantive proportion of the mitzvot within the Torah, and hence is a source of Jewish Law.


Academic context

The date that the Covenant Code was composed, and the details of how it found its way into the Bible, continue to be debated. Most proponents of the
documentary hypothesis The documentary hypothesis (DH) is one of the models used by biblical scholars to explain the origins and composition of the Torah (or Pentateuch, the first five books of the Bible: Genesis, Exodus, Leviticus, Numbers, and Deuteronomy). A vers ...
associate it with either the Elohist ("E") materials, or, less commonly, the
Yahwist The Jahwist, or Yahwist, often abbreviated J, is one of the most widely recognized sources of the Pentateuch (Torah), together with the Deuteronomist, the Priestly source and the Elohist. The existence of the Jahwist is somewhat controversial, ...
("J") materials. (These are two of the four sources of the classic documentary hypothesis, the other two being the Deuteronomic ("D") material and Priestly ("P") material.) According to Joel Baden, "The Covenant Code is a part of E; the priestly laws f Leviticus and Numbersare part of P; and the deuteronomic laws f Deuteronomy 12-26stand at the center of D." Regardless of precise positions on the process, scholars agree that the Covenant Code was produced by a long process in which it changed over time. A study of continuing importance is that of
Albrecht Alt Albrecht Alt (20 September 1883, in Stübach (Franconia) – 24 April 1956, in Leipzig), was a leading Germany, German Protestantism, Protestant theology, theologian. Eldest son of a Lutheran minister, he completed high school in Ansbach and stud ...
, who in 1934 published an analysis of the Covenant Code which hinges on the distinction between casuistic and apodictic law. The Covenant Code consists largely of case or casuistic law (often in the form of an "if-then" statement, in which specific situations are addressed),Coogan, Michael D., ''A Brief Introduction to the Old Testament'', Oxford University Press, 2009, p. 424 as for example Exodus 21:33–36. Apodictic laws (characterized by absolute or general commands or prohibitions, as in the Ten Commandments) on the other hand, also appear in the Covenant Code, for example in Exodus 21:17 ("Whoever curses father or mother shall be put to death").Coogan, pp. 109–110 Alt claimed, though some scholars disagree, that the apodictic laws were a feature only found in Israelite codes. Scholars do, however, agree that the contrast between the apodistic and casuistic forms is a clue to how multiple sources of law were edited together into the Covenant Code, although there remain disagreements over the precise details. The form and content of the code is similar to many other codes from the near east of the early first
millennium A millennium (plural millennia or millenniums) is a period of one thousand years, sometimes called a kiloannum (ka), or kiloyear (ky). Normally, the word is used specifically for periods of a thousand years that begin at the starting point (ini ...
BC. It also resembles the
Babylon ''Bābili(m)'' * sux, 𒆍𒀭𒊏𒆠 * arc, 𐡁𐡁𐡋 ''Bāḇel'' * syc, ܒܒܠ ''Bāḇel'' * grc-gre, Βαβυλών ''Babylṓn'' * he, בָּבֶל ''Bāvel'' * peo, 𐎲𐎠𐎲𐎡𐎽𐎢 ''Bābiru'' * elx, 𒀸𒁀𒉿𒇷 ''Babi ...
ian
Code of Hammurabi The Code of Hammurabi is a Babylonian legal text composed 1755–1750 BC. It is the longest, best-organised, and best-preserved legal text from the ancient Near East. It is written in the Old Babylonian dialect of Akkadian, purportedly by Hamm ...
. According to many scholars, such as
Martin Noth Martin Noth (3 August 1902 – 30 May 1968) was a German scholar of the Hebrew Bible who specialized in the pre-Exilic history of the Hebrews and promoted the hypothesis that the Israelite tribes in the immediate period after the settlement in Can ...
and
Albrecht Alt Albrecht Alt (20 September 1883, in Stübach (Franconia) – 24 April 1956, in Leipzig), was a leading Germany, German Protestantism, Protestant theology, theologian. Eldest son of a Lutheran minister, he completed high school in Ansbach and stud ...
, the covenant code probably originated as a civil code with the Canaanites, and was altered to add Hebrew religious practices.
Michael Coogan Michael D. Coogan is lecturer on Hebrew Bible/Old Testament at Harvard Divinity School, Director of Publications for the Harvard Semitic Museum, editor-in-chief of Oxford Biblical Studies Online, and professor emeritus of religious studies at Stone ...
sees a noticeable difference between the Covenant Code and the non-biblical codes like the Code of Hammurabi. The Covenant Code, like other biblical codes, differs from these by including among the laws dealing with criminal and civil matters various regulations concerning worship. Both, however, set the laws in an explicitly religious context.


Relationship to the Ritual Decalogue

Some of the commandments in the Covenant Code overlap noticeably with the commandments in the
Ritual Decalogue The Ritual Decalogue is a list of laws at . These laws are similar to the Covenant Code and are followed by the phrase "ten commandments" ( he, עשרת הדברים ', in ). Although the phrase "Ten Commandments" has traditionally been interpre ...
. Robert Pfeiffer suggested that the Covenant Code is an expansion of the Ritual Decalogue. Carol Meyers holds that the direction of influence is in the opposite direction: that Exodus 34 borrows material from within the Covenant Code.


Evident values

The Covenant Code portrays the values of the society in which it was produced, some of which are different from Western twentieth-century values. With the ancient cultural view of women as property of men, the casuistic law regarding the seduced virgin i
Exodus 22:16–17
portrays a woman who, as the property of her father, has had her value diminished by the loss of her virginity. However, this law still calls for restitution to be paid by the man who seduced her. A second example comes fro
Exodus 21:20–21
which describes the punishment required for a slave owner who strikes his slave with a rod. If the slave survives his or her injuries there is no punishment required because he or she does not have the same rights as Israelite males. In some instances, the values represented in the Covenant Code are more similar to present-day, Western values. Two examples include the placing of mothers on the same level as fathers i
Exodus 21:15, 17
and providing for special care of members of lesser social classes, including converts, widows and orphans
Exodus 22:21–22
.


References

{{reflist Documentary hypothesis Book of Exodus