Justice in Israel

(Deuteronomy 16:18 - 17:13)

"In all the towns that Jehovah your god is giving you, you should appoint judges and officials for each of the tribes.  They must pass judgment fairly, and not pervert justice by showing partiality or by taking a bribe (for bribes blind the eyes of the wise and twist the words of the righteous).  Pursue justice and justice alone so that you may prosper when you take possession of the land Jehovah your god is giving you. 

"You must not plant any kind of tree to be worshiped as an Asherah or erect a stone image for worship beside the altar you have built for Jehovah your god, for such things are detested by him. 

"Do not sacrifice to Jehovah your god cattle or sheep that possess any flaw or defect, for that would be offensive to Jehovah.

"When you have settled in the towns Jehovah your god is giving you, it may happen that a man or woman does evil in the sight of Jehovah your god and violates his pact by serving and bowing down to other gods, or by worshiping the sun or the moon or other heavenly bodies -- which I have forbidden.  If there is such a report and you come to hear of it, you must investigate the matter thoroughly.  If it is established that such an abominable act has been committed in Israel, then the man or woman who has committed it must be taken to the town gates and stoned to death.  Evidence must always be presented by 2 or 3 witnesses. No one should be sentenced to death on the testimony of a single witness.  The first stones must be hurled by the hands of the witnesses, after which the rest of the populace join in.  The evil in your midst is thusly purged.

"If a case arises in your towns that proves difficult to decide, whether it be a determination of what sort of homicide or assault may have been committed or some matter involving conflicting legal rights, then take it to a place of worship chosen by Jehovah your god and present it to the Levite priests or to whatever judge is currently in office.  Consult with them and they will render a verdict for you.  You must carry out the decisions they give you at a place of worship chosen by Jehovah your god.  Carefully take note of all the instructions they tell you.  Abide by their interpretation of the law and follow their directions in regard to carrying out the verdict.  Do not alter their judgment in any way, by making it either harsher or more lenient.  Anyone who shows contempt for the judge or the priest that represents Jehovah your god and rejects their decision must be put to death to purge the evil from Israel.  All the people will hear of it, be afraid, and never again act with such contempt.”

Notes

1. There is a continued emphasis upon the exclusive worship of Jehovah, for that seems to be the common element, the glue that holds together the tribes of the nation of Israel.  To pursue, worship, and serve other gods is more than sacrilege and a betrayal of Jehovah, it is a repudiation of national identity, justifying heresy and apostasy as capital offenses.  In reality, though, the Hebrews were, through most of their history, not at all monotheistic nor was the worship of gods other than Jehovah an anomaly, even if it might have been an abomination to the Levite priests of Jehovah. 

2. Asherah were living trees or wooden poles set up near Canaanite shrines to honor Asherah, a fertility goddess.   

3. The reliance upon corroborated testimony and evidence resulting from an honest investigation, as well as insistence upon unbiased and incorruptible judges provide a sound basis for a justice system.  That they were espoused by the Israelites, a group of primitive nomads, is admirable.  But one wonders, though, whether these concepts were actually honored during the time of Moses or whether they were developed later when Hebrew civilization, no longer nomadic, had became more sophisticated.  The lapse in time from when the events in the Books of Moses took place to when they were first recorded and to when the records might have been compiled, edited, added to, and censured is many hundreds of years.  Therefore, we can never know what aspects of Hebrew law and custom are contemporary with the "historical" account and what are anachronistic.

4. The provision that the witnesses against a law breaker must be the primary executioners would seem a bit barbaric to us, but does make some rough sense.  And the idea that severity of punishment is necessary to prevent future crime is certainly something we understand.  However much as deterrent sentences have been and still are imposed, they do not constitute justice, which demands that the punishment be in proportion to the seriousness of the crime and that law breakers are punished only for their own crimes and not for future possible crimes committed by others.  There seems to be an assurance here that putting to death those who are guilty of heresy or of ignoring or altering the judgment of a priest will generate such fear that it will scotch any potential law breaker.  Experience and long history have shown, though, that draconian punishments, such as making minor crimes capital offenses, have rarely had the deterrent effect expected; more often than not they are counterproductive.