Mishpatim – Exodus 21:1-24:18
LA JOLLA, California — This parasha contains the first body of legislation in the Torah, and is called in English the”Book of the Covenant.” It is by no means complete. In general, it emphasizes humanitarian considerations, provoked by and promised, by the divine.
I have chosen three passages, with regard to seeking, via the internet, similarities with other ancient literature.
I. Exodus 21:8-11 (Re: female slaves) “…If she proves to be displeasing to her master (for a wife)…he must let her be redeemed…he…not have the right to sell her to outsiders…If he marries another, he must not withhold from this one her food, her clothing, or her conjugal rights. If he fails…in these three ways, she shall go free without payment.”
A perusal of ancient pagan documents reveals variation, but overall generous treatment, of the woman whose husband divorces her. The Code of the Babylonian Hammurabi (c. 1750 BC) is an example of high generosity. In one scenario, she is entitled to take her dowry and also half the field, orchard, and property so that she could rear her children. If she had no children, the husband owed her the full amount of her marriage price and also her dowry before he was allowed to divorce. If there was no marriage price, he had to give sixty shekels of silver in settlement.
Class distinction was a consideration as well. If a husband was a peasant, he owed her only twenty shekels. One code (of Eshnunna) included a very severe penalty for a man who, in divorce of his wife who had borne children, intended to marry another. He was to be driven from his house and from whatever he owned. The assumption here was that his wife and children were entitled to stay on the property.
The ancients were not so generous in the case of a woman who divorced her husband. In a worst case scenario, she was subjected to capital punishment, e.g. bound and thrown into water or from a tower. In other places, she could be sold into slavery or charged a substantial financial penalty. [1]
II. Exodus 21:12-13 “He who fatally strikes a man shall be put to death. If he did not do it by design…I will assign you a place to which he can flee.”
This is an early Biblical reference to “cities of refuge,” an idea that found popularity in Christian medieval Europe into the 17th Century CE. In our times it has found a significant following in today’s Western world, particularly with respect to undocumented immigrants fleeing danger in their home countries. Unfortunately some are criminals!
A search in the internet yields that in ancient Greek and Roman society, all temples to the gods could harbor runaway slaves and criminals to a certain extent. These asylums were established under the belief that the gods were inviolable, and thus their temples and holy sites shared this untouchable aspect.
As in the Hebrew version, refuge petitioners were screened for innocence vs. guilt. If truly guilty, they had to pay the punishment and, if applicable, atone. [2]
III. Exodus 22:20 “You shall not wrong a stranger or oppress him, for you were strangers in the land of Egypt.”
On the internet, I learned ‘every ancient pagan culture worldwide had strong traditions of hospitality. The Greek Odyssey contains a poignant example: When Nausica found Odysseus washed up on the shore, she cared for him with classical hospitality.
One writer: “If you think back to the times when small villages were scattered among great forests, the arrival of a stranger with news of other places, new stories, new songs, and new jokes, maybe even new farming or weaving or metalworking techniques, must have been very welcome.”
‘The gods and goddesses of Paganism-who frequently came to earth to test the hospitality of mortals, and reward those that were hospitable…would agree that hospitality is a sacred practice and should be held in high honor.’ [3]
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[1] Bradley, Carol P. “Women in Hebrew and Ancient Near Eastern Law.” Studia Antiqua 3, no. 1 (2003)
https://scholarsarchive.byu.edu/studiaantiqua/vol3/iss1/5
[2] https://compote.slate.com/images/5735e310-a8d6-4157-81d0-led77b55da0c.jpg
[3] https://www.patheos.com/blogs/sermonsfrom the mound/2016/08/hospitality-for-the-stranger/
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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.