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For readers who may be interested in this general subject of allegedly conflicting laws in the Mosaic Code, we recommend the work of the British legal expert Harold M. Wiener, who in his "Essays on Pentateuchal Criticism" (1909) and "Pentateuchal Studies" (1912) (cited in R.K. Harrison
Old Testament Introduction
,p.30) showed that there was no proven case of conflict between any of the pairs of laws that had been cited by Documentarian critics as proof of multiple authorship of the Torah. It is instructive to note that if a similar methodology were applied to the Code of Hammurabi (inscribed on a single diorite stela in Babylon ca. 1750 B.C.), a similar claim might be advanced.

Kitchen (
Ancient Orient
, p. 134) remarks:

"Thus, it is easy to group social laws and cult-regulations into small collections on the basis of their content or form and postulate their gradual accretion in the present books

[i.e., of the Pentateuch], with the practical elimination of Moses. One may do this equally to the Hammurapi laws (on content), and postulate there a hypothetical process of accretion of laws into groups of themes prior to conflation in Hammurapi's so-called 147

`code.' But this does not eliminate Hammurapi from àuthorship' of his `code.' His laws are known from a monument of his own time in his own name; therefore, any accretions of laws in his collection occurred before his work....Furthermore, there are apparent contradictions or discrepancies in the Hammurapìcode' that arèno less glaring than those which serve as the basis of analyzing strata in the Bible' (M. Greenberg,
Yehezkel
Kaufmann Jubilee Volume
, 1960, p.6). These obviously have no bearing on the historical fact of Hammurapi [
sic
] having incorporated them in his collection." (See also Kitchen,
Ancient Orient
, p. 148.)

Is Deuteronomy 22:5-- "The woman shall not wear that which pertaineth unto a
man, neither shall a man put on a woman's garment"--applicable today?

The word
keli
(translated "what pertains to") is a rather imprecise word. Sometimes it means "vessel" or "container"; sometimes "implement," "equipment"; sometimes

"weapon" or even "adornment." It is apparently only in this context that it refers to clothing (
keli
is any kind of manufactured product); although conceivably it might refer to adornments or jewelry. The word for garment in the second part of the verse is
simlah
, which primarily means mantle or cloak, but then becomes more loosely applied to clothing of almost any kind that covers the body.

The basic principle here is that each of the two sexes is to appreciate and honor the dignity of its own sex rather than to adopt the appearance or role of the opposite sex. If a man is thankful to God that he was created a male and the woman that she was a female, then they should be happy to dress the part of a man or a woman, as the case may be, rather than imitating the costume of another.

Deuteronomy 22:5 completely excludes transvestism or any kind of impersonation of the opposite sex. Probably the practice of sex perversion and homosexuality, particularly in connection with pagan worship of fertility gods, accentuated the need of such a provision. Whether it implies God's disapproval of men's styles that resemble a woman's style of clothing (e.g., the Scottish kilt) or of women's clothing that resembles the costume of a man is another question. It is probably safe to say, for example, that most men would be quite reluctant to put on a pair of woman's slacks, even though they do superficially resemble men's trousers. Their style and cut are significantly different.

The specific range of styles worn by each sex tends to differ somewhat from one decade to another, and so it is impractical to lay down any hard and fast rule beyond the simple principle enunciated above. Yet it is a very important matter to God, since the verse ends with the solemn words "for all that do so are abomination unto the LORD thy God." It is therefore very questionable whether this particular provision of the Mosaic Law is to be relegated to the status of mere ritual matters, to be done away with by the emancipation of the New Testament believers from the yoke of the Old Testament legal code. Proper dress and modest clothing are certainly stressed in the New Testament as important for a convincing Christian testimony before the world (cf. 1 Tim. 2:9), and the dedicated believer is to dress to please the Lord rather than himself.

148

Aren't the Mosaic instructions concerning divorce in Deuteronomy 24:1-4 at
variance with the teaching of Jesus (Mark 10:2-12) and Paul (1 Cor. 7:10-16)?

Deuteronomy 24:1-4 does not actually bestow any divine approval or blessing on divorce as such. It simply recognizes that divorce was practiced in Israelite society and seeks to mitigate the hardship and injustice accruing to the wife when her husband, displeased with her for some reason, decides to put her away and send her back to her parents. The ASV renders v.1 thus: "When a man taketh a wife, and marrieth her, then it shall be, if she find no favor in his eyes, because he hath found some unseemly thing in her, that he shall write her a bill of divorcement, and give it in her hand, and send her out of his house." The NASB modifies the translation so as to eliminate the prescriptive thrust of the passage, rendering it: "When a man takes a wife...and it happens that she finds no favor in his eyes because he has found some indecency in her, and he writes her

[
wekatab lah
can be so rendered, instead of in a prescriptive way as it is in KJV and ASV] a certificate of divorce and puts it in her hand and sends her out from his house,"

leaving the sentence to continue on through vv. 2-4, rather than stopping at the end of v.1.

Whichever way the verse is construed, it indicates that the husband must put the divorce certificate in his wife's hand as he sends her away. This had the effect of surrendering all his rights to the dowry that she had brought into the marriage. Otherwise he might wrongfully appropriate the dowry property as his own, falsely alleging that she had voluntarily left him for an indefinitely long visit at her parents' home and that no real divorce had taken place.

When this passage was mentioned to Jesus in Mark 10:2-12 (and in the parallel account in Matt. 19:1-9), He explained to the Pharisees who questioned Him, "Because of your hardness of heart he [Moses] wrote you this commandment" (NASB). He then discussed Genesis 2:24 with this closing comment: "AND THE TWO SHALL BECOME ONE

FLESH; consequently they are no longer two, but one flesh. What therefore God has joined together, let no man separate" (vv. 8-9, NASB). He then went on to specify (following Matthew's fuller report of the wording): "And I say to you, whoever divorces his wife, except for [sexual] immorality, and marries another commits adultery" (Matt.

19:9, NASB). In other words, it was never God's intention or desire for divorce to occur after a true and lawful marriage--unless the relationship was broken up by an adulterous union with a third party. The pre-Christian practice of divorce was therefore in that class of offenses that were permitted for a time because of the "hardness of men's hearts" but which would be done away with (along with polygamy and slavery) by those who belonged to the kingdom of God. Under the new covenant these concessions to selfishness and unkindness would be abolished; and the true, original purpose of God would be exalted in godly walk of believers who look to Christ Himself as their model.

In the sense that what Deuteronomy 24 permitted was no longer to be allowed in the New Testament age, there was a very definite change. But the Deuteronomy provision was to be recognized as a merely temporary measure, not really corresponding to God's ideal and purpose in marriage, and destined for abrogation in the new age ushered in by the Messiah, Jesus Christ.

149

As for 1 Corinthians 7:10-16, it is more than doubtful that this deals with true divorce.

See the article discussing this passage, entitled: "Does 1 Corinthians 7:10-16 authorize divorce for desertion?"

Deuteronomy 24:16 says that children will not be killed for the sins of the fathers.

Yet 2 Samuel 12:15-18 shows that the baby born to David and Bathsheba died
because of their sin. Later, in 2 Samuel 21:5-9, Saul's seven grandchildren were put
to death because of his sin, in order to bring the three year famine to an end. How
do we reconcile these?

Deuteronomy 24:16 lays down a general principle that human courts and human governments are not to impute to children or grandchildren the guilt of their parents or forebears when they themselves have not become implicated in the crime committed. It is clearly recognized in Scripture that each person stands on his own record before God. If one is personally guilty of unbelief or wickedness and fails to repent and trust in God's mercy through the blood shed on the altar, that person will die for his own sin--not for that of his father. But if the child is upright and a true believer, he is justified before God; yet he cannot be justified on the basis of his father's righteousness if he himself rejects the grace of God (Jer. 31:29-30; Ezek. 18:1-20). On at least one occasion it is mentioned in the history of Judah that after the assassination of King Joash, his son Amaziah punished only his assassins themselves, sparing their children (2 Kings 14:6).

Although this legal principle of dealing with each person according to his deeds is firmly laid down in Scripture, it is also made clear that God retained for Himself the responsibility of ultimate judgment in the matter of capital crime. In the case of the child conceived by Bathsheba of David when she was married to Uriah, the loss of that baby (in that Old Testament setting) was a judgment visited on the guilty parents for their gross sin (which actually merited the death penalty under Lev. 20:10). It is by no means suggested that the child was suffering punishment for his parents' sin but that they were being punished by his death.

In the case of King Saul's grandchildren, no ordinary crime was involved. It was a matter of national guilt on a level that affected Israel as a whole. We are not given any information as to the time or the circumstances of Saul's massacre of the Gibeonites, but we are told that it was a grave breach of a covenant entered into back in the days of Joshua and enacted in the name of Yahweh (Josh. 9:3-15). All the nation was bound by this oath for all the days to come, even though it had been obtained under false pretenses.

Therefore when Saul, as head of the Israelite government, committed this atrocity against the innocent Gibeonites, God saw to it that this covenant violation did not go unpunished.

He sent a plague to decimate the population of all Israel, until the demands of justice could be met. God had delayed this visitation until it would do the least possible damage to the security of the nation, that is, until after the surrounding nations had been defeated and subdued to the rule of King David.

150

However, the high mortality resulting from the famine compelled David to inquire of the Lord what was the reason for this new calamity. God's answer came to him: "It is for Saul and his bloody house, because he put the Gibeonites to death" (2 Sam. 21:1, NASB).

Saul himself and his sons had already fallen in battle, slain by the Philistines at the battle of Mount Gilboa; but the full measure of his guilt had yet to be paid for. This vengeance had to be visited on seven descendants of that king, for seven was a number symbolizing the complete work of God. Israel had to learn by this solemn object lesson that their covenants with foreign nations, sworn to in the name of Yahweh, had to be observed at all costs.

Under special circumstances, then, the general rule of safeguarding children against punishment for the sins of their parents was subject to exceptions, so far as God's administration of justice was concerned. In each of the above cases it is fair to conclude that if the children involved had been permitted to live out a normal lifespan, they would have chosen to follow in the evil example of their forebears and thus occasioned much suffering and woe to others. Only God could know that for a certainty, however, for only He can foreknow the potential of each new soul. For man to inflict such preventive penalty without express permission from God (as in the case of Joshua and the population of Jericho) would be the height of injustice and presumption.

How could Moses have written the first five books of the Bible when the fifth book,
Deuteronomy, reports his burial in an unknown grave?

Obviously Moses did not write in advance the account of his own death. Deuteronomy 34 is an obituary written by a friend and contemporary, possibly Joshua the son of Nun (v.9). Under the guidance and inspiration of the Holy Spirit, then, Joshua possibly appended an appropriate record of the death and burial of his revered master and framed the eloquent praise with which the book closes.

What inference may we draw from this? Does the insertion of an obituary in the final work of any author imply that he was not truly the author of the main text of that book?

Before me lies a copy of Roland de Vaux's excellent volume
Archaeology and the Dead
Sea Scrolls
. This is a revised English edition of the Schweich Lectures he delivered at Oxford in 1959, published by Oxford University in 1973. On page vi is a brief foreword signed by Kathleen Kenyon, which opens with the following words: "It is sad that Roland de Vaux did not live to see the translation of his Schweich Lectures appear." This, then, is a kind of obituary notice that is added to the main text of the book. In other terminal works produced by famous authors, the obituary appears as the last chapter in the book.

Often that obituary is not signed.

So it is with Deuteronomy, the final work composed by Moses under the inspiration of God. Just as no responsible student of literature would think of impugning the authenticity of de Vaux's volume simply because of the obituary inserted by Kenyon, so doubts should not be raised as to the genuineness of the Mosaic authorship of Deuteronomy 1-33--or indeed of any of the books of the Pentateuch--simply on the ground of the obituary contained in chapter 34.

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