TIP OF THE DAY 69: The 3 Decalogues, tort law, haustafeln

MJ. Smith · 2024-11-22T21:56:55+00:00

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I am adding these posts to the previous tip list L/V 10 Tip of the Day ; Here I am testing the use of comments to expand the length of the post. Please comment on how you think this might work as a way around the post length restriction.

QUESTION: What is the ritual (or cultic) decalogue?

SOFTWARE: An all search on ritual decalogue produced a garbage synopsis but did provide some actual hits.

ANSWER: from Singer, Isidore, ed. The Jewish Encyclopedia: A Descriptive Record of the History, Religion, Literature, and Customs of the Jewish People from the Earliest Times to the Present Day, 12 Volumes. New York; London: Funk & Wagnalls, 1901–1906.

“Decalogue of Exodus 34

From the point of view of Pentateuchal analysis Wellhausen (“Die Composition des Hexateuchs und der Historischen Bücher des Alten Testaments,” 1885, pp. 84, 85, and passim) maintains that the Jahvist (J) contains an altogether different decalogue; viz., that of Ex. 34:14–26. Goethe, in his “Zwo Fragen, 1773,” was the first to suggest this. This decalogue is concerned merely with ritual affairs. Holzinger (Commentary on Exodus, p. 119) proposes the following brief sentences as its contents:

Thou shalt not worship any strange god.

Thou shalt not make thee any molten images.

Thou shalt observe the Feast of Maẓẓot [Pesaḥ].

The first-born are Mine [Yhwh’s].

Thou shalt observe the Feast of Weeks.

Thou shalt observe the Feast of the Ingathering.

Thou shalt not mix with leaven the blood of My offerings.

The fat of My feast shall not remain with thee until the next morning.

The choicest of the first-fruits of the land shalt thou bring to the house of Yhwh, thy God.

Thou shalt not seethe the kid in the milk of its mother.

In order to extract these “ten words” from the passage, many other laws therein contained of seemingly equal importance have to be omitted, as also the reasons assigned for their observance. This attempt to reconstrue another decalogue may be said to be a failure, all the more as it is conceded that the decalogue in P (Ex. 20.) is virtually anterior to that (Ex. 34.) in J (Holzinger, l.c. p. 120). Still less satisfactory, because altogether unreasonable, is the venture to recover the Decalogue from fragments in Ex. 34:27, 28, and 23:10–16 (Meissner, “Der Dekalog,” Halle, 1893; Staerk, “Das Deuteronomium,” pp. 29 et seq., 40, Leipsic, 1894).[1]”

An alternative from Perplexity after it told me that none existed:

The "Ritual Decalogue" or "Cultic Decalogue" is indeed found in Exodus 34:11-26. This set of commandments is distinct from the more famous Ethical Decalogue (Ten Commandments) found in Exodus 20 and Deuteronomy 5. The Ritual Decalogue focuses more on religious observances and practices. Here are the main points of the Ritual Decalogue:

1. Do not make a covenant with the inhabitants of the land (Ex 34:12-15)

2. Do not make cast idols (Ex 34:17)

3. Observe the Feast of Unleavened Bread (Ex 34:18)

4. The firstborn belongs to God (Ex 34:19-20)

5. Observe the Sabbath (Ex 34:21)

6. Observe the Feast of Weeks and Ingathering (Ex 34:22)

7. All males must appear before God three times a year (Ex 34:23-24)

8. Do not offer blood sacrifice with leavened bread (Ex 34:25a)

9. Do not leave the Passover sacrifice until morning (Ex 34:25b)

10. Bring the first fruits to the house of the Lord (Ex 34:26a)

11. Do not boil a young goat in its mother's milk (Ex 34:26b)

This set of commandments is sometimes referred to as the "Ten Commandments" in Exodus 34:28, which has led some scholars to suggest it may be an earlier or alternate version of the Decalogue.

Yhwh’s Yahweh, Jehovah

Yhwh Yahweh, Jehovah

P Priestly Code

l.c. in the place cited

et seq. and following

[1] Isidore Singer, ed., The Jewish Encyclopedia: A Descriptive Record of the History, Religion, Literature, and Customs of the Jewish People from the Earliest Times to the Present Day, 12 Volumes (New York; London: Funk & Wagnalls, 1901–1906), 495.

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MJ. Smith

QUESTION: What is the ethical ten decalogue?

SOFTWARE: Logos/Verbum provides a useful but incomplete interactive for the ethical decalogue Counting the Ten Commandments. Bellingham, WA: Faithlife, 2014.

ANSWER: A more nuanced answer which notes that either Exodus 20:2-17 or Deuteronomy 5:6-21 may serve as the base text is found at

XX	P	R	T	S	A	C	L	Commandment (KJV)
XX	P	R	T	S	A	C	L	Commandment (KJV)	Exodus 20:1–17 Verses	Deuteronomy 5:4–21 Verses
—	—	(0)	1	—	—	1	—	I am the Lord thy God	2	6
1	1	1	2	1	1	1	1	Thou shalt have no other gods before me	3	7
2	2	2	2	1	1	1	1	Thou shalt not make unto thee any graven image	4–6	8–10
3	3	3	3	2	2	2	2	Thou shalt not take the name of the Lord thy God in vain	7	11
4	4	4	4	3	3	3	3	Remember the sabbath day, to keep it holy	8–11
4	4	4	4	3	3	3	3	Observe the sabbath day, to keep it holy		12–15
5	5	5	5	4	4	4	4	Honour thy father and thy mother	12	16
6	8	6	6	5	5	5	5	Thou shalt not murder	13	17
7	6	7	7	6	6	6	6	Thou shalt not commit adultery	14	18
8	7	8	8	7	7	7	7	Thou shalt not steal	15	19
9	9	9	9	8	8	8	8	Thou shalt not bear false witness against thy neighbour	16	20
10	10	10	10	9	10	10	9	Thou shalt not covet thy neighbour's house	17a
10	10	10	10	9	10	10	9	Thou shalt not desire thy neighbour's house		21b
10	10	10	10	9	9	9	10	Thou shalt not covet thy neighbour's wife	17b	21a
10	10	10	10	9	10	10	10	or his slaves, or his animals, or anything of thy neighbour	17c	21c
—	—	—	—	10	—	—	—	You shall set up these stones, which I command you today, on Aargaareezem. (Tsedaka)	14c	18c

Categorization

There are two major approaches to categorizing the commandments. One approach distinguishes the prohibition against other gods (verse 3) from the prohibition against images (verses 4–6):

LXX: Septuagint (3rd century BC), generally followed by Eastern Orthodox Christians.

P: Philo (1st century), has an extensive homily explaining the order, with the prohibition on adultery "the greatest of the commands dealing with persons", followed by the prohibitions against stealing and then killing.

R: Reformed Christians follow Calvin's Institutes (1536) which follows the Septuagint; this system is also in the Anglican Book of Common Prayer.

Another approach combines verses 3–6, the prohibition against images and the prohibition against other gods, into a single command while still maintaining ten commandments. Samaritan and Jewish traditions include another commandment, whereas Christian traditions will divide coveting the neighbor's wife and house.

T: Jewish Talmud (c.200 CE), makes the "prologue" the first "saying" or "matter."

S: Samaritan Pentateuch (c.120 BCE), contains additional instruction to Moses about making a sacrifice to Yahweh, which Samaritans regard as the 10th commandment.

A: Augustine (4th century), follows the Talmud in combining verses 3–6, but omits the prologue as a commandment and divides the prohibition on coveting into two commandments, following the word order of Deuteronomy 5:21 rather than Exodus 20:17.

C: Roman Catholicism largely follows Augustine, which was reiterated in the Catechism of the Catholic Church (1992) changing "the sabbath" into "the lord's day" and dividing Exodus 20:17, prohibiting covetousness, into two commandments.

L: Lutherans follow Luther's Large Catechism (1529), which follows Augustine and Roman Catholic tradition but subordinates the prohibition of images to the sovereignty of God in the First Commandment] and uses the word order of Exodus 20:17 rather than Deuteronomy 5:21 for the ninth and tenth commandments.1

1 accessed 11/18/2024 12:55:23 AM https://en.wikipedia.org/wiki/Ten_Commandments https://en.wikipedia.org/wiki/Ten_Commandments

MJ. Smith

QUESTION: What is tort law?

SOFTWARE: Logos/Verbum does not have a tort law category.

ANSWER: from Jewish Virtual Library: Issues in Jewish Ethics: Tort Law

“General tort law refers to the rights, obligations and remedies that is applied by courts to provide relief for persons who have suffered harm from the wrongful acts of others. The liability of various tortfeasors is discussed in relative detail in the Torah and Talmud.”

“Principle Categories of Torts

Four principal cases of torts are considered in the Torah:

(1) where someone opens a pit into which an animal falls and dies (Ex. 21:33–4);

(2) where cattle trespass into the fields of others and do damage (Ex. 22:4);

(3) where someone lights a fire which spreads to neighboring fields (Ex. 22:5);

(4) where an ox gores man or beast (Ex. 21:28–32, 35–6).

To these has to be added the case where a man injures his fellow or damages his property. The Talmud calls the cases contained in the Torah primary categories of damage and these serve as archetypes for similar groups of torts. The principal categories of animal torts are shen (tooth) – where the animal causes damage by consuming; regel (foot) – where the animal causes damage by walking in its normal manner; and keren (horn) – where the animal causes damage by goring with the intention of doing harm or does any other kind of unusual damage. The other principal categories of damage are bor (pit) – any nuisance which ipso facto causes damage; esh (fire) – anything which causes damage when spread by the wind; and direct damage by man to another's person or property. These principal categories and their derivative rules were expanded to form a complete and homogeneous legal system embracing many other factual situations. As a result they were capable of dealing with any case of tortious liability which might arise.“1

1 accessed11/17/2024 5:10:55 PM https://www.jewishvirtuallibrary.org/tort-law-in-judaism

MJ. Smith

QUESTION: What is haustafeln?

SOFTWARE: An all search on haustafeln yielded useful results.

ANSWER: from Porter, Stanley E. Handbook to Exegesis of the New Testament. Vol. 25. New Testament Tools and Studies. Leiden; New York: Brill, 1997.

Haustafeln. Another form of a list or catalogue is the group of texts which set out the responsibilities of members of a household, which Martin Luther appropriately called Haustafeln(Eph. 5:21–6:9; Col. 3:18–4:1; 1 Pet. 2:13–3:17). These are based on the three pairs set out by Aristotle: master-slave, husband-wife, father-child (Pol. 1:1253b1–14; |I.AA-I.AB|. 1134b9–18; 1160a23–1161a10; cf. also Pseudo-Aristotle, M.M. 1:119465–28). Hellenistic moralists, especially Stoics, developed codes of behavior around these three pairs (e.g. Chrysippus in Pseudo-Plutarch, Mor. 7e; Aristo, who opposes the arrangement in Seneca, Ep. 94:1–2; Arius Didymus [in Stobaeus 2:7:26 = 2:148: 5–149:24 Wachsmuth]). Others expanded the relationships in various directions (e.g. Hierocles, On Duties). The same expansion is evident in the New Testament and early Christian texts (1 Tim. 2:8–15; 6:1–2; Titus 2:1–10; 1 Clem. 1:3; 21:6–9; Ignatius, Pol. 4:1–6:1; Polycarp, Phil. 4:2–6:1).

The source from which early Christians drew their Haustafelnhas been the occasion of an extended debate in the twentieth century. The main contours of the discussion are as follows. Early in the century, Martin Dibelius argued that Col. 3:18–4:1 was a Christianized version of a Stoic household code. Karl Weidinger (Dibelius’s student), David Schroeder, and James Crouch have subsequently all pointed out that Greek-speaking Jews had already adopted household codes (Pseudo-Phocylides 175–227; Philo, Dec. 165–67; Hypoth. 8:7:3; Josephus, Apion 2:189–209). More recently, Dieter Lührmann, Klaus Thraede, and David Balch have argued that the discussions derive from the Hellenistic discussion of the topos On Household Management (περίοἰκονομίας) which derives from Aristotle’s earlier presentation. The strength of the last position is the way the New Testament texts function contextually. It appears that New Testament authors are encouraging early Christians to live the basic values of the larger world in order to avoid unnecessary criticism (e.g. 1 Pet. 2:11–12). This suggests that the appropriation may have been direct.[1]

[1] Gregory E. Sterling, “Hellenistic Philosophy and the New Testament,” in Handbook to Exegesis of the New Testament, vol. 25, New Testament Tools and Studies (Leiden; New York: Brill, 1997), 328–329.

MJ. Smith

QUESTION: What role does ritual/cultic law play in the parable of the Good Samaritan?

ANSWER: From Perplexity:

Based on the search results, there are a few key points about the cultic laws that may have influenced the priest and Levite to pass by the injured man in the parable of the Good Samaritan:

1. Purity laws: Priests and Levites were subject to special purity regulations in Jewish law. According to Leviticus 21:1-3, priests were forbidden from touching a dead body, which would make them ritually impure.

2. Concern about ritual impurity: The description of the victim as "half dead" may have raised concerns about potential ritual impurity if they touched him.

3. Prioritizing cultic duties: As members of the temple caste system, priests and Levites may have felt obligated to maintain their ritual purity in order to carry out their temple duties.

4. Weighing different laws: The priest and Levite may have felt conflicted between the law of loving one's neighbor and the laws of cultic purity, ultimately choosing to avoid potential impurity.

5. Focus on maintaining God's favor: There was a belief that avoiding cultic impurity was essential for maintaining God's favor on the political state and its citizens.

However, it's important to note that Jesus does not explicitly state these reasons in the parable. Some scholars argue that Jesus was using the story to critique rigid legalism and prioritizing cultic purity over compassion. The parable emphasizes the Samaritan's compassionate response rather than debating the minutiae of Jewish law.1

1 and https://scielo.org.za/pdf/vee/v29n1/15.pdf and and https://sitemap.bibleodyssey.com/articles/reading-the-household-codes-critically/ and and https://www.christianity.com/wiki/bible/the-story-of-the-good-samaritans-deeper-meaning.html and and https://www.cbeinternational.org/resource/womans-role-new-testament-household-codes/ http://bilgrimage.blogspot.com/2019/12/ruth-krall-good-samaritan-pious-parable.html https://en.wikipedia.org/wiki/New_Testament_household_code https://www.psephizo.com/life-ministry/aristotle-and-the-household-codes/ https://www.christianity.com/wiki/bible/bible-story-of-the-good-samaritan-verses-and-meaning.html

MJ. Smith

QUESTION: How does Logos/Verbum analyze: No one shall defile himself for a dead person among his relatives, 2 except for his nearest kin: his mother, his father, his son, his daughter, his brother; 3 likewise, for a virgin sister, close to him because she has had no husband, he may defile himself for her.[1]?

ANSWER:

Morpology: verb, Hiṯpaʿʿēl, yiqtōl (imperfect), third person, masculine, singular

Speaker: God

Addressee: Moses

Command {Type: "Prohibition"; Verb Class: "Communication" }

Command {Type: "Prohibition"; Verb Class: "Touching" }

Longacre Genre { Primary: `LongacreGenre:Beh: Hort` }

Mitzvoth { Applicable Today: true; Classification: "Sacrifices and Priestly Gifts"; Command: "A Common Priest Defiling Himself for Any Dead Person Except Those Prescribed in Scripture"; Number: "N166"; State: "Negative" }

Source Criticism { Critic: "Eissfeldt"; Source: "P" }

Cultural Concepts: Regulations About Dead Bodies and Carcasses

Cultural Concepts: Regulations About the Priests

Longacre Genre: Behavioral: Hortatory

Literary Typing: Law, Ritual

Sentence Type: Declarative Sentence

Speech Acts: Informative: Assertive

Speech Acts: Obligative: Directive

Genre: Andersen-Forbes: Divine Instruction

=====

Group: Law: Holiness code

Type: casuistic law

Noahide? Not Noahide

Reformed classification: ceremonial law

Jewish classification: chukkim

Binding on: priests, sons of Aaron

Aggrieved party: God (?)

Sanction: not given; research in Talmud.

I trust that at this point you can find the definitions of the values, even those that are abbreviated. Everything above the divider can be searched on; those below is user data which may or may not have rules making it searchable.

[1]The Holy Bible: New Revised Standard Version (Nashville: Thomas Nelson Publishers, 1989), Le 21:1–3.