A History of Ancient Near Eastern Law

(Romina) #1

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punishment is never imposed for property offenses, but is reserved
for homicide, adultery, and (other) religious infractions. Pecuniary
sanctions range from equal restitution to fivefold damages. Slavery
is prescribed only for a thief who cannot pay the pecuniary penalty
(Exod. 22:2). Corporal punishments are very limited. Where flogging
was prescribed, the number of lashes could vary “according to his
wickedness” but could not exceed forty lashes, for the sake of the
culprit’s dignity (Deut. 25:3).

8.1.2 Execution could be followed by further indignities to the corpse.
A murderer can be impaled after execution, but only until nightfall
(Deut. 21:22–23). Joshua impaled the king of Ai in this way, but
also only until evening ( Josh. 8:29). David treated the murderers of
Ishbosheth even worse, first cutting offtheir hands and feet and then
impaling them (2 Sam. 4:12). After Achan and his family were stoned,
their bodies and their booty were burned ( Josh. 7:24–25). But burning
bodies was regarded as a horrific act (Amos 2:1–2; cf. 2 Kings 3:27).

8.1.3 The most serious divine sanction is karet, extirpation of lineage,
reserved for direct offenses against God, such as apostasy, necro-
mancy, and incest.^69 It may be cumulative with human sanctions.

8.1.4 “Bloodguilt” (damim) is incurred by certain offenses. The per-
petrators have to die, but the text does not always indicate whether
execution is by people or God.

8.1.5 Pollution
Certain crimes were seen as polluting the land, with important con-
sequences for the nature and execution of penalties. The land had
to be kept pure, for God dwelled in it in the midst of Israel (Num.
35:34). The polluted land “vomited out” the earlier inhabitants; if
Israel pollutes the land, they will lose it (Lev. 18:24–30).

8.1.5.1 Sexual offenses were a major pollutant. A father should not
make his daughter a harlot so that the land will not become full of
depravity (Lev. 19:29). The sexual relationships forbidden in Leviticus
18, such as incest and bestiality, would pollute the land, which would

(^69) Frymer-Kensky, “Pollution, Purification and Purgation.. .”; Wold, “The Kareth
Penalty in P...”
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