The Deuteronomic Code is the name given by academics to the
law code
A code of law, also called a law code or legal code, is a systematic collection of statutes. It is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the cod ...
set out in chapters 12 to 26 of the
Book of Deuteronomy
Deuteronomy ( grc, Δευτερονόμιον, Deuteronómion, second law) is the fifth and last book of the Torah (in Judaism), where it is called (Hebrew: hbo, , Dəḇārīm, hewords Moses.html" ;"title="f Moses">f Moseslabel=none) and ...
in the
Hebrew Bible
The Hebrew Bible or Tanakh (;"Tanach" ''Random House Webster's Unabridged Dictionary''. Hebrew: ''Tān ...
. The code outlines a special relationship between the
Israelites
The Israelites (; , , ) were a group of Semitic-speaking tribes in the ancient Near East who, during the Iron Age, inhabited a part of Canaan.
The earliest recorded evidence of a people by the name of Israel appears in the Merneptah Stele o ...
and
Yahweh
Yahweh *''Yahwe'', was the national god of ancient Israel and Judah. The origins of his worship reach at least to the early Iron Age, and likely to the Late Bronze Age
The Bronze Age is a historic period, lasting approximately fr ...
and provides instructions covering "a variety of topics including religious ceremonies and ritual purity, civil and criminal law, and the conduct of war". They are similar to other collections of laws found 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 ...
Covenant Code at Exodus 20–23, except for the portion discussing the
Ethical Decalogue
The Ten Commandments ( Biblical Hebrew עשרת הדברים \ עֲשֶׂרֶת הַדְּבָרִים, ''aséret ha-dvarím'', lit. The Decalogue, The Ten Words, cf. Mishnaic Hebrew עשרת הדיברות \ עֲשֶׂרֶת הַדִּבְ ...
, which is usually treated separately. This separate treatment stems not from any concern over authorship, but merely because the Ethical Decalogue is treated academically as a subject in its own right.
Almost the entirety of Deuteronomy is presented as the last few speeches of Moses, beginning with an historical introduction as well as a second introduction which expands on the Ethical Decalogue, and ending with hortatory speeches and final words of encouragement. Between these is found the law code, at Deuteronomy 12–26. In critical scholarship, this portion, as well as the majority of the remainder of Deuteronomy, was written by the Deuteronomist.
Dating and authorship
It is difficult to date the laws found in the Deuteronomic Code. There are many laws unique to Deuteronomy, such as the prohibition of sacrifice outside "the place which the Lord your God will choose" (Deuteronomy 12:5) and having a national Passover sacrifice in a national shrine (Deuteronomy 16:1-8). In contrast, other books in the Pentateuch refer to altars throughout Israel without condemnation. Both of these laws were observed for the first time under King
Josiah
Josiah ( or ) or Yoshiyahu; la, Iosias was the 16th king of Judah (–609 BCE) who, according to the Hebrew Bible, instituted major religious reforms by removing official worship of gods other than Yahweh. Josiah is credited by most biblical ...
, giving credence to the theory that Deuteronomy was written around that time. Many of the other laws can be found elsewhere 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 ...
, and it is likely the Deuteronomistic author(s) were influenced by such laws. Biblical scholar
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 Sto ...
notes two examples, the Covenant Code and the Ritual Decalogue found in Exodus 20:22-23:33 and Exodus 34 respectively.
Characteristics
It is characteristic of the discourses of the Deuteronomic Code that the writer's aim is throughout parenetic, making passing allusions to history, for example at Deuteronomy 13:4-5, and 24:9, for the sake of the lessons that the writer believes deducible from it. In the treatment of the laws, they are not merely collected, or a series of legal enactments repeated, but developed with reference to the moral and religious purposes which they can subserve, and to the motives from which it is perceived that the Israelite is ought to obey them.
The Deuteronomic Code reflects particular social concerns, more specifically in dealing with the poor and underprivileged. The Deuteronomic Code places special emphasis on the lower class and marginalized. For example, women and children, widows, foreigners and the poor. Deuteronomy 15:12-15 illustrates one example in which a former slave is to receive gifts. The law code seems methodically to provide legal compensation for those who are victimised by the inequities and brutalities that may otherwise inhere in the social system. Duties involving directly the application of a moral principle are especially insisted on, particularly justice, integrity, equity, philanthropy, and generosity; for example insisting on strict impartiality and judges being appointed in every city, as well as insisting that fathers are not to be condemned judicially for the sins of their children, nor vice versa, in stark contrast to some other passages. Nevertheless, despite this general philanthropic nature, breaches of the moral code are punished severely: death is the penalty not only for murder, but also for unchastity, and even for disrespectful behaviour by a son.
The style of the Deuteronomic discourses is very marked, being particularly distinct when compared with the style of the rest of the torah. Not only do particular words and expressions, embodying often the writer's characteristic thoughts, recur with remarkable frequency, giving a distinctive colouring to every part of his work, but the long and rolling clauses in which the author expresses himself are a new feature in Hebrew literature. Nowhere else in the Old Testament does there breathe such an atmosphere of generous devotion or of benevolence, neither is there such strong eloquence when duties are elsewhere set forward.
Comparison to other Torah law codes
According to textual criticism, Deuteronomy is only remotely related to the Priestly Code and there are certainly no verbal parallels. Some of the institutions and observances codified in the Priestly Code are indeed mentioned, mainly burnt-offerings, peace offerings, heave-offerings, the distinction between "clean" and "unclean", and rules about
leprosy
Leprosy, also known as Hansen's disease (HD), is a long-term infection by the bacteria '' Mycobacterium leprae'' or '' Mycobacterium lepromatosis''. Infection can lead to damage of the nerves, respiratory tract, skin, and eyes. This nerve da ...
. However, they are destitute of the central significance with which they are placed in the Priestly Code.
Conversely, the distinction between priests and other Levites, the Levite cities, the jubilee year, the offering of cereal crops, sin offerings, and
Yom Kippur
Yom Kippur (; he, יוֹם כִּפּוּר, , , ) is the holiest day in Judaism and Samaritanism. It occurs annually on the 10th of Tishrei, the first month of the Hebrew calendar. Primarily centered on atonement and repentance, the day' ...
, which are fundamental institutions in the Priestly code, are not mentioned at all in the Deuteronomic Code. In the laws which do touch common ground, there are frequently large discrepancies, which in some cases are regarded irreconcilable by critical scholarship. In the documentary hypothesis, this large variation is explained, by the Code being identified as the work of a group of priests, centred at Shiloh, who were rival to the
Aaron
According to Abrahamic religions, Aaron ''′aharon'', ar, هارون, Hārūn, Greek ( Septuagint): Ἀαρών; often called Aaron the priest ()., group="note" ( or ; ''’Ahărōn'') was a prophet, a high priest, and the elder brother ...
id group to whom the Priestly Code is assigned.
Unlike the Priestly Code, with the laws contained in the
Holiness Code
The Holiness code is used in biblical criticism to refer to Leviticus chapters 17–26, and sometimes passages in other books of the Pentateuch, especially Numbers and Exodus. It is so called due to its highly repeated use of the word ''holy' ...
, the Deuteronomic Code has some parallels, chiefly moral injunctions. Nevertheless, although in such cases the substance is often similar, the expression is nearly always different, for example the commandment concerning mourning at Deuteronomy 14:1 reflects Leviticus 19:28, and likewise the commandments of mixing kinds, at Leviticus 19:15 is reflected at Deuteronomy 16:19-20, but both occur in quite different phrasing. Thus it can not be said that the legislation of Deuteronomy is in any sense an expansion or development of the Holiness Code itself, although the underlying laws appear to have a greater affinity.
As far as critical scholarship is concerned, the Covenant Code, and the Ritual Decalogue which partially repeats it, can be seen to form the foundation of the Deuteronomic legislation. This is evident partly from the numerous verbal coincidences, whole clauses, and sometimes even an entire law, being repeated verbatim, and partly from the fact that frequently a law in Deuteronomy consists of an expansion, or application to particular cases, of a principle laid down more briefly in the Covenant Code or Ritual Decalogue. This can, for example, be seen in Deuteronomy 16:1-17, concerning the three annual feasts, which are described very basically in the Covenant Code, at Exodus 23:14-17. The civil and social enactments which are new to Deuteronomy make provision chiefly for cases likely to arise in a more highly organised community than is contemplated in the legislation of the Covenant Code, and therefore critical scholarship regards the Deuteronomic Code as a development of the Covenant Code reflecting the increased organisation of society in the time between the two.
Repeatedly and pointedly the older laws of the Covenant Code are restated in Deuteronomy in terms which inescapably suggest the influence of Amos, Hosea and Isaiah. The difference between the two codes may be summarised as further tempering law on behalf of the offender, and providing a still more merciful view with respect to the weak, and powerless. It is a matter of dispute whether the author knew the Covenant Code and Ritual Decalogue as separate works, or after they had been united into JE, as rather than copying, the laws of the Deuteronomic Code are variously free modification or enlargement of them. Consequently, amongst critical scholarship, some think it to be simply an enlarged edition of the old code, whereas others feel it to have been intended as a replacement.
In the Deuteronomic Code, it is strictly laid down that sacrifice is to be offered at a single central sanctuary. However, in the
Book of Joshua
The Book of Joshua ( he, סֵפֶר יְהוֹשֻׁעַ ', Tiberian: ''Sēp̄er Yŏhōšūaʿ'') is the sixth book in the Hebrew Bible and the Christian Old Testament, and is the first book of the Deuteronomistic history, the story of Isr ...
to the Books of Kings (I Kings 6), sacrifices are frequently described as offered in various parts of the land, without any suggestion, by either the characters present in the narrative, or the narrator themselves, that any law, such as that of Deuteronomy, is being broken. Other laws appear to more specifically point to a ''terminus post quem'', after which the code must have been composed. The law concerning the king, and the prohibitions against "multiplying horses", "multiplying wives", and "multiplying silver and gold", at Deuteronomy 17:14-20, appears to be coloured by reminiscences of Solomon ''(c. 950 bce)'', and the forms of idolatry referred to, especially worship of the "host of heaven", as described at Deuteronomy 17:3, appear to refer to behaviour during the reign of
Ahaz
Ahaz (; gr, Ἄχαζ, Ἀχάζ ''Akhaz''; la, Achaz) an abbreviation of Jehoahaz II (of Judah), " Yahweh has held" (; akk, 𒅀𒌑𒄩𒍣 ''Ya'úḫazi'' 'ia-ú-ḫa-zi'' Hayim Tadmor and Shigeo Yamada, ''The Royal Inscriptions of Tigla ...
''(c. 730 bce)''.
The Deuteronomic Code is composed of several
mitzvot
In its primary meaning, the Hebrew word (; he, מִצְוָה, ''mīṣvā'' , plural ''mīṣvōt'' ; "commandment") refers to a commandment commanded by God to be performed as a religious duty. Jewish law () in large part consists of discus ...
or commandments, approximately one third of the mitzvot in the Torah, and is therefore a major constituent of Jewish Law. While several of the laws are repetitions of those present elsewhere in the Torah, many have notable variations, and there are additionally many further laws which are unique to the code.
Laws similar to those elsewhere in the Torah
; Laws of religious observance
* Against worshipping other gods and committing
human sacrifice
Human sacrifice is the act of killing one or more humans as part of a ritual, which is usually intended to please or appease gods, a human ruler, an authoritative/priestly figure or spirits of dead ancestors or as a retainer sacrifice, wherei ...
, at Deuteronomy 12:29-31
* Prohibiting deliberate disfigurement as an act of
mourning
Mourning is the expression of an experience that is the consequence of an event in life involving loss, causing grief, occurring as a result of someone's death, specifically someone who was loved although loss from death is not exclusively ...
, at Deuteronomy 14:1-2
* Concerning clean and unclean animals, at Deuteronomy 14:3-20
* Prohibiting the consumption of animals who have not been killed by mankind, at Deuteronomy 14:21
* Against Asherah groves and ritual pillars, at Deuteronomy 16:21-22
* Against blemished sacrifices, at Deuteronomy 17:1
; Laws concerning officials
* Ordering impartiality of judges, at Deuteronomy 16:19-20
; Criminal law
* Concerning witnesses, at 19:15-21
* Concerning adultery and
seduction
Seduction has multiple meanings. Platonically, it can mean "to persuade to disobedience or disloyalty", or "to lead astray, usually by persuasion or false promises".
Strategies of seduction include conversation and sexual scripts, paralingual ...
, at Deuteronomy 22:22-29
* Against
kidnap
In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/ asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the ...
, at Deuteronomy 24:7
* Ordering just weights and measures, at Deuteronomy 25:13-16
; Civil law
* Ordering the restoration of lost property once found, at Deuteronomy 22:1-4
* Prohibition of mixing kinds, at Deuteronomy 22:9-11
* Concerning
tzitzit
''Tzitzit'' ( he, ''ṣīṣīṯ'', ; plural ''ṣīṣiyyōṯ'', Ashkenazi: '; and Samaritan: ') are specially knotted ritual fringes, or tassels, worn in antiquity by Israelites and today by observant Jews and Samaritans. are usually ...
, at Deuteronomy 22:12
* Against marrying a step-mother, at Deuteronomy 22:30
* Against
usury
Usury () is the practice of making unethical or immoral monetary loans that unfairly enrich the lender. The term may be used in a moral sense—condemning taking advantage of others' misfortunes—or in a legal sense, where an interest rate is ch ...
, at Deuteronomy 23:19-20
* Concerning vows, at Deuteronomy 23:21-23
* Concerning pledges, at Deuteronomy 24:6, and 24:10-13
* Concerning leprosy, at Deuteronomy 24:8-9
* Concerning the wages of a hired servant, at Deuteronomy 24:14-15
* Ordering justice towards strangers, widows, and
orphan
An orphan (from the el, ορφανός, orphanós) is a child whose parents have died.
In common usage, only a child who has lost both parents due to death is called an orphan. When referring to animals, only the mother's condition is usuall ...
s, at Deuteronomy 24:17-18
* Concerning the scraps of crops, at Deuteronomy 24:19-22
Laws differing from those elsewhere in the Torah
; Laws of religious observance
* Prohibiting offerings and vows outside a single central sanctuary, at Deuteronomy 12:1-28
* Concerning the
tithe
A tithe (; from Old English: ''teogoþa'' "tenth") is a one-tenth part of something, paid as a contribution to a religious organization or compulsory tax to government. Today, tithes are normally voluntary and paid in cash or cheques or more ...
, at Deuteronomy 14:22-29
* Concerning relief of debt in the seventh year, at Deuteronomy 15:1-11
* Ordering the offering to
Yahweh
Yahweh *''Yahwe'', was the national god of ancient Israel and Judah. The origins of his worship reach at least to the early Iron Age, and likely to the Late Bronze Age
The Bronze Age is a historic period, lasting approximately fr ...
of the firstborn males, at Deuteronomy 15:19-23
* Concerning the three annual feasts, at Deuteronomy 16:1-17
; Criminal law
* Concerning
manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ...
and murder, at Deuteronomy 19:1-13
; Civil laws
* Concerning slavery, at Deuteronomy 15:12-18
* Concerning cleanliness in the camp, at Deuteronomy 23:9-14
Laws unique, within the Torah
; Laws of religious observance
* Against
false prophet
In religion, a false prophet is a person who falsely claims the gift of prophecy or divine inspiration, or to speak for God, or who makes such claims for evil ends. Often, someone who is considered a "true prophet" by some people is simulta ...
s, at Deuteronomy 13
* Ordering idolaters to be stoned to death, at Deuteronomy 17:2-7
; Laws concerning officials
* Ordering judges to be appointed in every city, at Deuteronomy 16:18
* Ordering there to be a supreme central tribunal, at Deuteronomy 17:8-13
* Restrictions on the king, at Deuteronomy 17:14-20
* Concerning the rights, and revenue, of the
Levite
Levites (or Levi) (, he, ''Lǝvīyyīm'') are Jewish males who claim patrilineal descent from the Tribe of Levi. The Tribe of Levi descended from Levi, the third son of Jacob and Leah. The surname ''Halevi'', which consists of the Hebrew d ...
s, at Deuteronomy 18:1-8
* Concerning the future (unspecified) prophet, at Deuteronomy 18:9-22
* Restrictions on admittance to the priesthood, at Deuteronomy 23:1-8
; Military law
* Concerning behaviour during war, at Deuteronomy 20, and 21:10-14
; Criminal law
* Ordering a ritual atonement by the people for untraced murder, at Deuteronomy 21:1-9
* Concerning the corpse of a criminal, at Deuteronomy 21:22-23
; Civil laws
* Against the removal of
boundary marker
A boundary marker, border marker, boundary stone, or border stone is a robust physical marker that identifies the start of a land boundary or the change in a boundary, especially a change in direction of a boundary. There are several other t ...
s, at Deuteronomy 19:14
* Concerning primogeniture, at Deuteronomy 21:15-17
* Ordering undutiful sons to be stoned to death, at Deuteronomy 21:18-21
* Against crossdressing, at Deuteronomy 22:5
* Prohibiting taking a mother bird at the same time as its nest, at Deuteronomy 22:6-7
* Ordering roofs to be constructed with
parapet
A parapet is a barrier that is an extension of the wall at the edge of a roof, terrace, balcony, walkway or other structure. The word comes ultimately from the Italian ''parapetto'' (''parare'' 'to cover/defend' and ''petto'' 'chest/breast'). ...
s, at Deuteronomy 22:8
* Prohibiting newly married women from being slandered, at Deuteronomy 22:13-21
* Concerning escaped slaves, at Deuteronomy 23:15-16
* Against
religious prostitution
Sacred prostitution, temple prostitution, cult prostitution, and religious prostitution are rites consisting of paid intercourse performed in the context of religious worship, possibly as a form of fertility rite or divine marriage (). Scholars ...
, at Deuteronomy 23:17-18
* Concerning the crops of a neighbour, at Deuteronomy 23:24-25
* Concerning
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
, at Deuteronomy 24:1-4
* Against punishing the family of a criminal, at Deuteronomy 24:16
* Limiting the number of lashes, at Deuteronomy 25:1-3
* Against muzzling oxen during threshing, at Deuteronomy 25:4
* Concerning levirate marriage, at Deuteronomy 25:5-10
* Ordering women to be modest, at Deuteronomy 25:11-12
; Ritual
* The ritual of the
firstfruits
FIRSTFRUITS is a United States counterintelligence program and database that tracks unauthorized disclosures of intelligence material in the news media. The project's goal is to reduce losses of collection capability due to journalists. The data ...
and of the tithe, including a prayer, at Deuteronomy 26:1-15