Human Rights in Deuteronomy: With Special Focus on Slave Laws (Beihefte Zur Zeitschrift Fur Die Alttestamentliche Wissenschaft): 464

This study compares two Deuteronomic slave laws with their counterparts adopting a multidimensional examination including classified subject matters, rhetorical techniques, and the rationale of legal philosophy. This approach sheds light on the similarity and differences between the biblical and ANE slave laws, as well as the basic concepts of human rights presented in Deuteronomy. Abbreviations 15 1 Introduction and Methodological Considerations 17 Review of Literature 19 Problem Statement 25 Research Methodology 26 Projection of Research Significance 40 2 Exegesis of Deuteronomic Slave Laws 41 The Arrangement of Deuteronomic Slave Laws 41 Association of Elements Approach 41 Decalogue Correspondence Approach 42 The Limits and Problems of the Two Approaches 44 Chiastic Framework Approach 47 The Land and Agrarian Symbols in Deuteronomy with Reference to Its Slave Laws 50 Indebted Hebrew Slave Law (Deut 15:12–18) 55 The Structure of Deut 15:1–16:17 56 אָחִיךָ הָעִבְרִי אוֹ הָעִבְרִיָּה and חָפְשִׁי 57 אָחִיךָ הָעִבְרִי אוֹ הָעִבְרִיָּה 57 חָפְשִׁי 62 The Identification of Enslaved Members in the Indebted Family 64 The Provision for the Manumitted Slave in Deut 15:13–14 65 The Motive Clauses in Deut 15:15, 18 and Their Relationship with Deut 15:16–17 68 The Motive Clause in 15:15 in View of the Deuteronomic Pattern Language 69 The Relationship between the Motive Clauses in 15:15, 18 and the Exceptional Case in 15:16–17 74 The Meaning of מִשְׁנֶה and the Somatic Vocabulary in 15:18 76 Exegesis of Fugitive Slave Law (Deut 23:16–17) 78 Inner-Comparative Study between Deut 15:12–18 and Deut 23:16–17 81 Summary and Conclusion 82 3 Comparative Studies of Biblical Slave Manumission Laws 84 Deut 15:12–18 and Exod 21:2–11 84 Changes of Persons and Verbs from the Buyer’s to the Seller’s Point of View 85 Response to Van Seters’ Point of View 86 The Second Person Addressed in the Legislative Texts 89 The Polyvocality of Combined Discourses in the Legislative Texts 92 Reading the Law in Its Context 94 The Distinction of Verbs on Released Action 94 The Differences Regarding Female Slaves Manumission 95 Reading Exod 21:2–6 as a Gender-Inclusive Law 97 Separating Exod 21:2–6 and 7–11 as Two Different Laws 99 The Term ????? in Exod 21:7 100 The Special Marital Sale and Redemption in Exod 21:7–11 101 The Term ?????????? in Dt 15 and the Terms ???? and ????? in Ex 21 Denote Different Situations 105 Reading the Law in Its Context 106 Dissimilar Accounts and Ceremonies for a Permanent Slave 107 The Value and the Interest That the Law Promotes and Protects 107 Similar Ceremonies with Different Expressions 111 Discerning the Similarities and Differences between Dt 15 and Ex 21 with the Legal Categorizational System 113 Deut 15:12–18 and Lev 25:39–55 115 The Different Length of Term in Lev 25 116 The Types of Debt Slave in Lev 25 120 The Gender Inclusive Release in Lev 25 122 The Acquisition of Permanent Slaves in Lev 25 122 Problems Concerning the Claim of Supersession between the Laws 125 Discerning the Similarities and Differences between Dt 15 and Lev 25 with the Legal Categorizational System 126 Summary and Conclusion 127 4 Comparative Studies of ANE Slave Laws 129 Terminology of Slave and the Slave Systems in the ANE 130 The Terms for Slave in the ANE 131 The Roles of the Household and Merchant in the Economic and Slave Systems 133 The Acquisition of Slaves in the ANE 136 Redemption and Termination of Enslavement 138 Legal Status and Treatments of Slaves 140 More Forms of Human Bondage 142 Differences between Pawning for Debt and Debt Servitude 142 The Grouping Methods of the ANE Laws 144 Categories and Interpretations on ANE and Biblical Slave Laws 148 Laws of Slave Escape 148 Rewards of Returning a Runaway Slave (LU 17; LH 17; HL 22–24) and Punishments for Not Returning Runaway Slave (LL 12–13; LE 49– 50; LH 16, 18, 19, 20) 149 Prohibition against a Slave Crossing through the Main City-gate (LE 51, 52; LH 15) 149 The Grouping and Arrangement of Slave Escape Laws 150 Slave Purchase and Management 151 Discipline of a Rebellious Slave (LU 25–26, HL173b) 152 Unlawfully Taking Possession of a Slave (LE 40; LH 7) 152 Protection of a Slave Purchaser’s Right (LH 278–282; MAL C+G1) 153 Violations against Another Person’s Slave Property Rights and Punishments (LU 8, LE 31, Lev 19:20–22, LH 19, Exod 21:20–21, 26– 27, LH 205, LH 226–227, LE 55, 57, LH 252, Exod 21:32, LH 231, LL f; LH 213–214) 154 Raping Another Man’s Female Slave (LU 8; LE 31) 154 Sexual Intercourse with Another Man’s Betrothed Slave Woman (Lev 19:20–22) 155 Injuring Another Man’s Slave (LH 199) 156 Injuring One’s Own Slave (Exod 21:20–21, 26–27) 156 Injuring of a Free Man by a Slave (LH 205) 157 Intentional and Unintentional Cutting off a Slave’s Hairlock (LH 226–227) 157 Incidental Death of a Slave Caused by an Animal Biting or Goring (LE 55, 57; LH 252; Exod 21:32) 158 Incidental Death of a Slave Caused by a Builder’s Negligence (LH 231) 159 Incidental Miscarriage or Death of a Slave Woman Caused by Striking (LL f; LH 213–214) 160 Marital Issues Related to a Slave (LU 4–5; HL 31–36, 175; LH 146– 147) 161 Slave Marriages to Different Social Classes (LU 4–5; HL 31–36, HL 175) 161 A Slave Woman Bearing Children in Place of Her Mistress (LH 146–147) 163 Adoption Related to a Slave Woman (LE 33–35) 163 Special Cases of Slave Release (LL 14, 25–26) 164 The Grouping and Arrangement of Slave Purchase and Management Laws 164 Debt Servitude and Other Forms of Human Bondage 165 Human Distraint (LE 22–24; LH 114–116) 167 Debt-servitude (LH 117) 168 Human Pledge (LH 118–119; MAL A 39, 44, 48; C+G 2–3, 7) 169 The Grouping and Arrangement of Debt-Servitude and Human Bondage Laws 171 Discerning the Similarities and Differences between ANE and Biblical Slave Laws with the Legal Categorizational System 172 A Survey of Slavery between the ANE and the Modern World 175 Summary and Conclusion 178 5 The Laws and the Concepts of Human Rights in the ANE Law Books and in Deuteronomy 181 The Differing Cosmologies of the Bible and the ANE 181 Different Worldviews Presented between the Biblical and the ANE Law Books 186 The Lawgivers’ Spoken Words in the ANE 187 The Lawgivers’ Spoken Words in Deuteronomy 190 The Different Position on Morality Shaping in Deuteronomy 191 The Concept of Human Rights in Deuteronomy 196 Summary and Conclusion 197 6 Conclusion: Summary, Contributions, and Further Avenues of Research 199 The Import of This Study for Biblical Comparative Legal Studies 206 Appendix A: A Compilation of Biblical and Cuneiform Law Collections 209 Appendix B: Biblical and ANE Slave Laws and ANE Laws Related to Slave Issues 219 Bibliography 230 Index of Authors 248 Index of Scripture References 253

The humanitarian concerns of the biblical slave laws and their rhetorical techniques rarely receive scholarly attention, especially the two slave laws in Deuteronomy. Previous studies that compared the biblical and the ANE laws focused primarily on their similarities and developed theories of direct borrowing. This ignored the fact that legal transplants were common in ancient societies. This study, in contrast, aims to identify similarities and dissimilarities in order to pursue an understanding of the underlying values promoted within these slave laws and the interests they protected. To do so, certain innovative methodologies were applied. The biblical laws examined present two diverse legal concepts that contrast to the ANE concepts: (1) all agents are regarded as persons and should be treated accordingly, and (2) all legal subjects are seen as free, dignified, and self-determining human beings. In addition, the biblical laws often distinguish an offender’s “criminal intent,” by which a criminal’s rights are also considered. Based on these features, the biblical laws are able to articulate YHWH’s humanitarian concerns and the basic concepts of human rights presented in Deuteronomy.

Introduction And Methodological Considerations -- Exegesis Of Deuteronomic Slave Laws -- Comparative Studies Of Biblical Slave Manumission Laws -- Comparative Studies Of Ane Slave Laws -- The Laws And The Concepts Of Human Rights In The Ane Law Books And In Deuteronomy -- Conclusion : Summary, Contributions, And Further Avenues Of Research. Daisy Yulin Tsai. Originally Presented As The Author's Thesis (ph. D.)--trinity International University, 2011 Includes Bibliographical References (pages [214]-231) And Indexes.