Laws and Legal

Justice in
Ancient Israel

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A period of some two hundred
years, Israel existed as a loosely
organized system of tribes/
clans(traditionally twelve).

A confederation of clans united

in covenant with YHWH. This
covenant both created Israel’s
society and held it together.
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Theory of tribal, no statehood, no central
government, no capital city, no
administrative machinery.
Tribal society was patriarchal in
organization, and without the stratification
characteristic of a feudal pattern of Canaan.
*A sacral league similar to Greece and Italy
which is in greek known as amphictyony.
List of twelve tribes,Aramaean tribes,
Ishmaelite tribes, Edomite tribes…etc.
Ark of the Covenant – where the tribesmen
would gather on the feast days to seek the
presence of YHWH and renew their allegiance
to him, and also to adjust matters of
controversy and mutual interest among the
clans.
Nasi – leader of each tribe who by virtue of his
position, stood under divine protection.
(Ex.22:28)
Covenant law – was a central
factor in Israel’s life from the
beginning.
Members of the community must
regulate their actions both
towards their God and toward one
another.
SOCIAL STRUCTURE
OF EARLY PERIOD IN
ISRAEL
How a civilization is divided into classes :
• Roles
• Responsibility
• privileges
• Family Justice

Father
• the sole legal authority.
• responsible for removing injustice
and seeing that justice is done
• sole person to receive appeals
and to pardon.
Example:
Genesis 16:5-6 (NIV)
5 Then Sarai said to Abram, “You are responsible
for the wrong I am suffering. I put my slave in your
arms, and now that she knows she is pregnant,
she despises me. May the Lord judge between you
and me.”
6 “Your slave is in your hands,” Abram said. “Do
with her whatever you think best.” Then Sarai
mistreated Hagar; so she fled from her.
2. Elders
• heads of the individual families
• they adjudicated disputes and were
looked up to for their wisdom of
their counsels.
• Were given cases to decide.
Example:
Deuteronomy 21:18-21 (NIV)
A Rebellious Son
18 If someone has a stubborn and
rebellious son who does not obey his
father and mother and will not listen to
them when they discipline him, 19 his
father and mother shall take hold of him
and bring him to the elders at the gate of
his town.
 • Local Justice
• Local Community – basic legal authority
-constituted in `legal assembly’- full
citizens: all Israelites (men) had the right to
speak and vote (except women, children,
temporary residents, strangers, slaves)
 Legal Assembly
purpose
– settle disputes in a quarrel.
 Where?
- court was held at the city gate,
the only large space in town.
-elders can play the role of
accuser and defendant or even
witness at the same time.

-trial was settled when the

accused person took an oath
declaring his or her innocence.
 Penalty
• Payment of money to the
offended party or flogging of the
guilty person
 • Death Penalty
• (stoning, burning for crimes of
incest and cultic prostitution)

*demanded on few cases such as

murder, blasphemy against God,
adultery of a woman, dishonor of
parents.
Example:
Deuteronomy 21:18-21 (NIV)
A Rebellious Son
18 If someone has a stubborn and rebellious son who
does not obey his father and mother and will not listen
to them when they discipline him, 19 his father and
mother shall take hold of him and bring him to the
elders at the gate of his town. 20 They shall say to
the elders, “This son of ours is stubborn and rebellious.
He will not obey us. He is a glutton and a drunkard.” 21
Then all the men of his town are to
stone him to death. You must purge the evil
from among you. All Israel will hear of it and be afraid.
The Book of Judges shows how the Israelite
amphictyony operated.
Clans maintain a precarious existence surrounded
by foes but without organized government. In times
of danger there would arise a judge.
Judge – a man of YHWH’s spirit.
-enjoyed great prestige but not a king.
-no absolute authority, not permanent, not
hereditary
- A type of authority perfectly expressive of
the faith and constitution of early Israel. The
God-king’s direct leadership of his people
through his spirit-designated representative.
 Royal Justice
• Clan leaders or war commander exercised
the power of making legal judgement.
• When Kings began to rule, the ultimate
power of judgement passed to them.
*laws were built on the old age customs
and judgements and that royal additions
came only in cases that needed new
solutions or had never occurred before
 Slavery law
Countries in the near east– Permitted
Leviticus 25:39-40
New International Version (NIV)

39 “‘If
any of your fellow Israelites become poor
and sell themselves to you, do not make them
work as slaves. 40 They are to be treated as hir
ed workers or temporary residents among you;
they are to work for you until the Year of Jubile
e.
Exodus 21:1-6 New International Version (NIV)
21 “These are the laws you are to set before them:
Hebrew Servants
2 “If you buy a Hebrew servant, he is to serve you for six

years. But in the seventh year, he shall go free, without p

aying anything. 3 If he comes alone, he is to go free alon
e; but if he has a wife when he comes, she is to go with
him. 4 If his master gives him a wife and she bears him s
ons or daughters, the woman and her children shall belo
ng to her master, and only the man shall go free.
5 “But if the servant declares, ‘I love my master and my w

ife and children and do not want to go free,’ 6 then his ma

ster must take him before the judges.[a] He shall take him
to the door or the doorpost and pierce his ear with an aw
l. Then he will be his servant for life.
Deuteronomy 15:2-5 New International Version (NIV)
2 This is how it is to be done: Every creditor shall can

cel any loan they have made to a fellow Israelite. Th

ey shall not require payment from anyone among the
ir own people, because the LORD’s time for canceling
debts has been proclaimed. 3 You may require paym
ent from a foreigner, but you must cancel any debt y
our fellow Israelite owes you. 4 However, there need
be no poor people among you, for in the land the LO
RD your God is giving you to possess as your inherita
nce, he will richly bless you, 5 if only you fully obey th
e LORD your God and are careful to follow all these c
ommands I am giving you today.
 Slavery law
Foreign slaves – mining, rowing ships
for the rest of their life's

Two conditions
1. Prisoners of war
2. Poverty
After exile, both types of slavery
gradually disappeared.