Exodus 20:22–26

Excursus: Covenant Stipulations of 21:1–23:19

Exodus 20:22–23:33 is a long section of speech from the Lord to Moses. In the speech’s center is a list of stipulations—as is typical for ancient Near Eastern covenants (cf. Comment section on 20:1–21)—for the Israelites to follow (21:1–23:19). The list is framed by exhortations focusing on proper worship (20:22–26) and on obeying the stipulations and worshiping the Lord alone (23:20–33). This frame therefore emphasizes that covenant obedience begins and ends with acknowledging who the Lord is and worshiping him rightly.

Regarding the covenant stipulations the Israelites are to obey (21:1–23:19), two general observations may be made. First, some of these either repeat the Ten Commandments (e.g., 20:23; 23:10–12) or flesh them out with specific applications (e.g., 21:12–14, 17; 22:1, 3–4, 20; 23:1–3, 7), though many others come alongside the Ten Commandments to fill out the picture of what it means for Israel to live as the Lord’s “kingdom of priests and a holy nation” (19:6). Second, the stipulations themselves are often referred to as the Covenant Code, since they are understood to make up the “Book of the Covenant” mentioned in 24:7. But, as suggested at 24:3–11, it is perhaps better to understand 24:7 as referring to most or all of 20:1–23:33. Either way, 21:1–23:19 is clearly a distinct section in which the Lord now speaks directly to Moses and not to all the Israelites, as he did in 20:1–17.

In addition to these general observations it may be noted that there is some debate regarding how the stipulations in 21:1–23:19 are to function in Israel’s everyday life and, in particular, whether they are to guide courts of law. These stipulations are similar in form (and in some cases content) to other collections of ancient Near Eastern laws.442 These other collections have traditionally been referred to as “law codes,” but this designation is commonly called into question today since we currently use the term “law code” to refer to systematically arranged legislation, often comprehensive in nature, that law courts consult. By way of contrast ancient Near Eastern law collections are not systematic in today’s sense of the word, nor comprehensive, nor is there strong evidence that the courts consulted them regularly. Consequently, many have argued that these collections are primarily “the work of scribes in their attempt to construct what can be called scientific or academic treatises.”443 And, while some conclude that such treatises were descriptive of actual legal practice, others argue that these treatises were theoretical in nature and not representative of, nor intended for, actual legal practice.444

This perspective regarding ancient Near Eastern law has impacted the discussion surrounding biblical law. For example there is an increased preference to use the term “law collection” in place of “law code” to refer to material such as Exodus 21:1–23:19. This is a positive development insofar as it helps us not to read modern conceptions of law codes—such as their systematic or comprehensive nature—onto ancient law collections.445 But there is also an increased tendency to distance what is found in biblical laws from Israel’s actual legal practice. For some, biblical law is primarily theoretical, with no real relationship to Israelite courts. For others, biblical law describes the reality of Israel’s legal practice even if it was not consulted as binding legislation in the same way a court might consult a body of law today. Still others disconnect biblical law from legal practice and connect it to the life of wisdom, viewing its goal as directing moral or religious behavior and not life in the courts.446

In deciding between these options at least two conclusions may be drawn in light of the immediate and larger contexts of Exodus 21–23. First, the stipulations found in Exodus 21:1–23:19 were indeed to guide the Israelites’ moral and religious lives. This is evident from the simple fact that their immediate context is one of covenant (cf. Comment section on 20:1–21); as such, these stipulations are to guide the Israelites’ behavior before the Lord, their covenant King. To put it differently, in his covenant with the Israelites the Lord has called them to be “a kingdom of priests and a holy nation” (19:6); these stipulations describe what that looks like. Thus it is little wonder that the Israelites are commanded to “teach them diligently to your children, and . . . talk of them when you sit in your house, and . . . write them on the doorposts of your house and on your gates” (Deut. 6:7–9).447 These are central to faithful covenant living.

But second, the larger Pentateuchal context makes it most natural to conclude that these stipulations are to guide local courts. Whether or not other ancient Near Eastern societies looked to their law collections to inform legal practice,448 at least two narratives indicate the Israelites are supposed to and in fact do so. In Numbers the daughters of Zelophehad bring a question regarding inheritance rights (Num. 27:3–4), which local courts would be expected to adjudicate. But since this is a new situation Moses brings their case before the Lord, who responds by issuing a ruling to guide this case and then a series of case laws to guide further decisions regarding inheritance (Num. 27:5–11). As a later passage makes clear, the Lord’s original ruling and the subsequent case laws are both considered binding (cf. Num. 36:1–9). Similarly, in Leviticus 24 the Israelites are unsure about what to do in a matter that requires formal judgment. Moses again seeks direction from the Lord, who responds by naming the penalty to carry out (Lev. 24:14)—which the Israelites do (Lev. 24:23)—and then by naming the underlying legal stipulations informing what to do in similar situations in the future (Lev. 24:15–16). In short, when the Lord provides stipulations through Moses in Numbers 27 and Leviticus 24, they are to guide Israelite courts going forward, making it most natural to assume this to be the case with the stipulations in Exodus 21:1–23:19 as well, which the Lord also provides through Moses. This conclusion also fits beautifully in light of the immediate context, which has just described a series of judges that Moses is to appoint and then teach the Lord’s laws (Ex. 18:13–26), making it natural to conclude that the stipulations Moses receives in chapters 21–23 are to be passed on to guide their decisions.

Three important principles must be kept in mind when reading and applying laws. First, laws reflect the lawgiver’s values. One reason that most societies prohibit murder and theft is because they value life and the right to private property. As applied to biblical law, the stipulations found in 21:1–23:19 provide us an opportunity to learn what the Lord values, both for individuals and society, and we do well to identify those underlying values where we can. Second, as discussed earlier, laws often indicate a minimum standard of behavior, an “ethical floor” below which one must not sink. The underlying values, however, often point to a higher ideal, an “ethical ceiling” for which we are to strive in order to embody the Lord’s character (cf. esp. Response section on 20:1–21, “How Should the Ten Commandments Be Read?”). Finally, these stipulations are best read as legal paradigms, models that could be applied to related issues even when not specifically mentioned by the stipulation. Exodus 21:23–25, for example, states that, when one person injures another, the punishment must be “life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe.” But this list is not exhaustive (no mention is made of the ear or the nose, e.g.) but it does not need to be; as a model, this law teaches the principle that punishments must be appropriate to the crime, and Israelite courts are expected to apply this principle to physical injuries of any sort even if not listed here. In reading any law the sensitive interpreter will therefore ask, How might the values and principles underlying this law relate to other situations even if they are not explicitly named?449Exodus 21:1–23:19

Exodus 21:1–11