A History of Ancient Near Eastern Law

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indict those who, demanding fees for judgment, were not willing to
hear the cases of those who could not pay the fee (Amos 5:12; Isa.
1:23; Jer. 5:28). Isaiah urges Israel to judge the orphans and wid-
ows (Isa. 1:17–18).

3.2.2 The Court in Session^27
The judges sat for the judgment. The number of judges is not
specified, and it may be that in simple cases one judge would have
sufficed. Family law procedures may have anticipated all the men
of the town sitting together.
The actual procedure in a lawsuit has to be gleaned from state-
ments in the prophets and proverbs, some of which use lawsuits as
a metaphor for God’s relationship with Israel. The parties would
stand and the accuser might approach the accused (Isa. 50:8), but
in Naboth’s trial, he was seated at the head of the people, and the
witness sat facing him and testified against him (1 Kings 21:13). The
accuser would declare the particulars of his case, and the other party
would then examine his statement (Prov. 18:17). The accused might
have a representative (vindicator) to assist him to help him examine
the witness (Isa. 50:8 and Job, throughout). Judgment would be given
in the morning ( Jer. 21:11–12; Zeph. 3:5).

3.3 Evidence


3.3.1 Witnesses


3.3.1.1 Conviction requires two or more witnesses (Deut. 17:6; 19:15).


3.3.1.2 False Witness
Prohibition of false witness is included in the Ten Commandments
and the Book of the Covenant, which enjoins Israel not to enter
conspiracies to be an 'ed ̇amas(Exod. 23:1). According to Deuteronomy
19:16–20, a witness who proved false was to suffer the same penalty
that the accused would have suffered if convicted.

3.3.1.3 Where the penalty is stoning, the witness must throw first
(Deut. 17:7), accepting the responsibility for the sentence and its
execution.

(^27) See Mackenzie, “Judicial Procedure...”
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