A History of Ancient Near Eastern Law

(Romina) #1

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3.3.1.4 Testimony against oneself is not presented in the law col-
lections, but Achan confessed after divination identified him as the
culprit. The confession provided grounds to search his tent, where
the stolen items were found ( Josh. 7:20–23).

3.3.2 Documents
Since we do not have actual legal trials, we do not know what weight
legal documents carried, but both divorce and sale documents are
mentioned. One hint may be in Jeremiah’s purchase of his cousin’s
field, which he has written in two copies and sealed ( Jer. 32:9–11).
He himself does not expect to use the field until after the Exile; the
sale documents might have established his ownership at that time.

3.3.3 Material Evidence
In the case of Achan, the stolen items were found in his tent. In
the case of the bride accused of not being virginal, the father brings
the wedding sheets before the tribunal to show that they are or are
not bloody (Deut. 22:13–21). A shepherd may bring the remains of
an animal in his care to show that it had been devoured by a wild
beast (Exod. 22:12).

3.4 Supranatural Procedures


God, the cosmic judge, decides the fate of nations by their actions.
On a human scale, God is a witness to oaths and to a Hebrew
slave’s decision not to go free, and God is judge in circumstances
in which a human court could not expect to reach a conclusion.

3.4.1 The third commandment prohibits using God’s name for wrong-
ful purposes. Since false witness is a separate commandment, this
refers to lightly taking and breaking promissory, asseverative, and
exculpatory oaths.^28

3.4.2 “Approaching God”
A householder from whose house deposited goods have been taken
must “approach God” to declare his lack of complicity (Exod. 22:6–7);
two people who contest ownership of any animal, cloth or other lost
property are to “approach God,” and the one declared guilty pays
double (Exod. 22:8).

(^28) Huffmon, “The Third Commandment...”
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