A History of Ancient Near Eastern Law

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1.1.4 Narratives

In addition to the legal storyette, the Pentateuchal narratives, par-

ticularly those of Genesis, often demonstrate the legal customs and

family arrangements that existed throughout the ancient Near East.

These do not always conform to Pentateuchal legislation, since Deute-

ronomy and the Priestly documents represent classical Israel’s norms,

which are often innovations or other changes.^18

1.2 “The Prophets”

1.2.1 The Historical Narratives

The Books of Joshua, Judges, Samuel, and Kings, edited by the

Deuteronomistic historian, often contain narratives with legal infor-

mation. Like the Genesis narratives, Judges and Samuel reflect the

old law of Israel—Near Eastern customary law that is sometimes at

variance with the particular rules envisioned in Pentateuchal law.

There are fewer narratives in the Book of Kings, but some illumi-

nate classical Israelite law.

1.2.2 The Classical Prophets

In their indictments of Israel, the prophets reveal both what laws

were not being followed and what the legal situation was.

1.3 The Writings

1.3.1 Proverbs gives advice on legal matters. Occasionally, petitions

or thanksgiving in Psalms reveal legal information.

1.3.2 Chronicles presents another account of Israel’s history, with

a different editorial agenda. It thus represents a different reflection

of such issues as marriage with gentiles. Moreover, Chronicles, Nehe-

miah, and Ezra were written in the light of the composed Torah, and

use various exegetical techniques to harmonize variations in Penta-

teuchal Law.^19

(^18) See Daube, Biblical Law, 1–73. The relationship of these narratives to the laws
has often been explored by Carmichael, who holds that the laws result from con-
sideration of historical events (Origins of Biblical Lawand Law and Narrative in the Bible).
(^19) See Fishbane, Biblical Interpretation in Ancient Israel.
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