ANE Laws

What we know about abortion in the ancient world from legal and medical texts.

Why the promiscuous daughter of a priest and Tamar, the widowed daughter-in-law of Judah, are sentenced to die by fire. The “poetic justice” of immolation.

Egyptian and Mesopotamian abortion-inducing recipes attest to the practice of abortion in the ancient Near East. While the Middle Assyrian Laws prohibit the practice, the Torah offers no ruling. Nevertheless, throughout the Bible, expressions like נִשְׁמַת חַיִּים, “the breath of life” (Genesis 2:7), imply that life begins at first breath.

Whom does this law address?

Ancient Near Eastern law collections do not unequivocally prohibit a son from marrying his father's wife, and neither do modern incest laws. And yet, the Bible repeats this prohibition multiple times. Six reasons why.

Upon a childless husband’s death, Deuteronomy states “his wife shall not marry a strange man outside.” This phrase originated as a contract clause, and the case was a practice exercise for scribes who were learning contract clauses.

Even before Israel receives laws at Sinai, Exodus tells how Jethro the Midianite advises Moses to establish judges, a unique origin story for the judicial system with no parallel in ancient Near Eastern law collections. Deuteronomy revises the story to credit Moses with this idea after the revelation at Horeb.

To marry a woman, a man had to first pay her father a מֹהַר (mohar), “bride-price.” Although Laban allows Jacob to marry Rachel before working off his debt, she only has her first child at the end of the seven-year period.

A wife who intervenes in a fight to save her husband by grabbing his opponent’s testicles is punished by having her hand cut off (Deut 25:11–12). What is the nature of her offense? Why isn’t her intent to save her husband a mitigating factor? What is the relationship between the punishment and the crime?

Deuteronomy’s requirement to destroy a city whose inhabitants worship another god and to leave it as an eternally desolate mound, can be understood in the context of ancient Near Eastern vassal treaties. Specifically, Hittite texts describe how kings dealt with rebellious vassal cities, by destroying them utterly and dedicating their land to the gods.

Drawing on biblical and ancient Near Eastern evidence about the consequences of swearing falsely, I suggest a new understanding of the asham case (Lev 5:20-26) involving property violation and a subsequent false oath.

When a man accidentally kills a pregnant woman in a brawl, Exodus requires him to pay “life for a life.” This is generally understood as either capital punishment or monetary repayment. Its legal formulation in context, however, suggests substitution, i.e., the offender has to hand over a woman from his own family.

Leviticus’ list of conjugally-forbidden relations was extensive for its time. While the Karaites expanded the list greatly, the rabbis did so only slightly, leaving modern-day rabbinic Judaism with more relatives permitted for marriage than most western societies.

Leviticus allows priests and their families to enjoy the donations and sacrifices to YHWH. This differs from Hittite practice of forbidding priests access to holy objects outside of limited ritual contexts. What is the reason for the difference between these two priestly systems?

Although incest taboos are found in the majority of cultures, medieval Jewish thinkers found this to be an insufficient explanation for the Torah’s prohibitions. 

An attempt to control the disparity between the rich and the poor and create a righteous society

The word שור in Hebrew can refer to an ox or a bull, but which animal is the protagonist of the celebrated law of שור נגח, “the goring bovine”? 

Despite its lengthy coverage of tzaraat, biblical “leprosy,” the Torah omits discussion of its cause, its infectiousness, and its treatment. Comparison to the Mesopotamian rituals pertaining to a strikingly similar disease, Saḫaršubbû, shows that these omissions were far from accidental.

How do the laws of Leviticus 18 compare to the laws and practices of the Babylonians, Hittites, and Egyptians, and to the rest of the Bible?