Judicial systems and the 10 Commandments

Parasha for February 15, 2020

Yitro – Exodus 18:1-20, 23

By Irv Jacobs, M.D.

Irv Jacobs

LA JOLLA, California — This parasha deals with a complimentary visit by Moses’ father-in-law Yitro to the Israelite camp; his offer of advice to Moses to delegate judicial duties on a hierarchical basis, rather than exhaust himself doing it all himself; Israelites then move toward Sinai amid God’s instructions; and there receive the Ten Commandments and instructions to build an altar.

I have chosen two passages, with regard to seeking similarities, from the Internet, with other ancient literature.

I. Exodus 18:17-22 Yitro: “The thing you are doing is not right…you…wear yourself out…seek out…capable men…trustworthy men…as chiefs of thousands, hundred, fifties, and tens…and let them judge the people…bring every major dispute to you, but let them decide…every minor dispute.”

Pharaoh Haremhab (ca. 1333-1306/?1295 BC, New Kingdom), somewhat similarly issued a decree for the reformation of the Egyptian judiciary.  He sought out “persons of integrity, good in character,” and placed them in the towns.  He charged them: “Do not enter into close relations with other people, do not accept a gift from another.” He divided legal power, particularly between Upper and Lower Egypt, and reintroduced local religious authorities, after the death of the infamous Akhenaten. [1] 

Horenhab was a commoner, who seized the throne soon after the death of Akhenaten, a time of political and religious crisis.

In general, Egypt experienced fairly disciplined legal practices, from 6000 BC until the time of Rameses III (1186-1155 BC), who became less concerned with the welfare of his subjects and more concerned with himself. Tomb-robbing and false witnesses became prevalent, and officials were on the take.  The Empire declined, with only short periods of correction, until Egypt was annexed by Rome in 30 BC. [2]

Deir el-Medina, west of present day Luxor, was inhabited by civil servants. Its records greatly contributed to present day knowledge of the ancient Egyptian judicial system. The Book of the Dead, found in a tomb, is also considered a source.

Rhetoric and eloquence were valued qualities in ancient Egypt. Those who mastered reading and writing their sacred alphabet, and could express themselves well, stood in the highest regard, particularly in judicial matters. [3]

At the top of the judicial hierarchy was the king, considered a god, and just beneath him was the vizier.  The vizier heard the top court cases, supplemented by the above-mentioned lower magistrates.

42 Ideals of Ma’at
(Graphic: Wikipedia)

II. Exodus 20:1-14 “God spoke all these words, saying:  ‘I the Lord am your God who brought you out of the land of Egypt, the house of bondage:  etc, etc”‘ (i.e. The Ten Commandments)

Egyptian law was also believed to have been handed down to mankind by the gods, at the moment of creation, and the gods were held responsible for establishing and perpetuating the law. Egypt had multiple creation myths, which generally picture watery chaos brought into order over a long period of time by the god Atum, who was associated with the sun.  The various stories involve multiple gods and goddesses, but contain elements found in the Hebrew creation story, e.g. a separation of waters from the sky, and appearance of dry land.

There are inscriptions in tombs and on stelae and papyri, which record early legal transactions, the earliest dating from around 2575-2150 BCE, during the Old Kingdom. Egyptian law ranks with Sumerian as the world’s oldest system, considered on a level of sophistication with the later Greeks. [4] [5]

The earliest inscriptions include the 42 Ideals of Ma’at,  the ancient Egyptian goddess of truth, justice, harmony, and balance, who first appears during the period known as the Old Kingdom (c. 2613 – 2181 BCE), but no doubt existed in some form earlier.  These ideals suggest something akin to a set of Commandments.  Attached is an English translation of it, courtesy of Google and Wikipedia.
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[1] The JPS Torah Commentary, Exodus, N.Sarna, 1991, The Jewish Publication Society, p. 100
[3] Law and Order in Ancient Egypt, MA-Thesis-Ancient History Leiden University, A.J. van Loon, S0103594, 12/15/2014
[4] https://www..ancient.eu/Egyptian_Law
[5] https://www.historymuseum.ca/cmc/exhibitions/civil/egypt/egcr09e.html

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Irv Jacobs is a retired medical doctor who delights in Torah analysis.  He often delivers a drosh at Congregation Beth El in La Jolla, and at his chavurah.