Lex Talionis

The cuneiform Laws of Hazor, from the first half of the 2^nd millennium B.C.E., suggest that biblical laws had roots in Canaanite law. This challenges, for example, the idea that the Bible’s lex talionis was borrowed from Hammurabi’s laws. While some ancient Near Eastern laws draw distinctions between social classes, Leviticus later makes clear that all human lives are equally valuable.

In his Sermon on the Mount, Jesus challenges the talion law of “an eye for an eye and a tooth for a tooth,” instructing his followers to turn the other cheek. While this may be admirable as a personal practice, society requires a policy for protecting its people. Positioned between the extremes of total annihilation of the enemy and passive acceptance of aggression, the principle of talion law advocates for measured justice.

Cursing YHWH is more than simply expressing contempt and irreverence. In the biblical world view, it is attempted deicide, and thus is punishable by death.

A wife who intervenes in a fight to save her husband by grabbing his opponent’s testicles is punished by having her hand cut off (Deut 25:11–12). What is the nature of her offense? Why isn’t her intent to save her husband a mitigating factor? What is the relationship between the punishment and the crime?

When a man accidentally kills a pregnant woman in a brawl, Exodus requires him to pay “life for a life.” This is generally understood as either capital punishment or monetary repayment. Its legal formulation in context, however, suggests substitution, i.e., the offender has to hand over a woman from his own family.

Was Israel ever a tribal society? Although some scholars accept the Bible’s depiction of Israel’s pre-monarchic society as a confederation of tribes, others have dismissed this as ahistorical. Can a study of biblical law help us resolve this question?

The author of the Covenant Collection in Exodus knew the Laws of Hammurabi and revised them to fit with Israelite legal and ethical conceptions. This is clear when we compare their laws of assault in each.