The Legal Data from the Pre-monarchy period PROVES WOMEN WERE TREATED EQUALY AND FAIRLY.
The previous section on historical data had frequent illustrations of legal situations and transactions involving women, but the Law of Moses has a wealth of information that directly reveals God's heart for His daughters. In this section we will look at:
Passages which address women as to Religious responsibilities, offerings, and equal liability before God;
Passages which show equal value, treatment, punishment, and honor for women;
Passages which focus on women's legal rights, property codes, and relationship with the broader legal community; and
Passages which show either stricter requirements/penalties on men, and/or preferential treatment/special protection for women.
Passages which address women as to cultic responsibilities, offerings, and equal liability before God with men. Ex 20.10: but the seventh day is a Sabbath to the LORD your God. On it you shall not do any work, neither you, nor your son or daughter, nor your manservant or maidservant, nor your animals, nor the alien within your gates. Observation: This command from the Decalogue mentions all the household members EXCEPT the wife, implying that she is listed in the "you" under address. Ex 35.22: All who were willing, men and women alike, came and brought gold jewelry of all kinds: brooches, earrings, rings and ornaments. They all presented their gold as a wave offering to the LORD. Observations: Women were equally involved in offering expensive gifts to the LORD as a WAVE offering. Ex 35.29: All the Israelite men and women who were willing brought to the LORD freewill offerings for all the work the LORD through Moses had commanded them to do. Observations: Women were equally involved in offering FREEWILL offerings. Ex 38.3: They made the bronze basin and its bronze stand from the mirrors of the women who served at the entrance to the Tent of Meeting. Observation: Women had some kind of tabernacle service AT the tabernacle. This is where all the sacrifices were offered (Ex 29.10-11). Lev 10.14: But you and your sons and your daughters may eat the breast that was waved and the thigh that was presented. Eat them in a ceremonially clean place; they have been given to you and your children as your share of the Israelites' fellowship offerings. Observations: The daughters of the high priest could eat the sacrificial food. Num 6.2: The LORD said to Moses, 2 "Speak to the Israelites and say to them: `If a man or woman wants to make a special vow, a vow of separation to the LORD as a Nazirite, 3 he must abstain from wine and other fermented drink and must not drink vinegar made from wine or from other fermented drink. He must not drink grape juice or eat grapes or raisins. 4 As long as he is a Nazirite, he must not eat anything that comes from the grapevine, not even the seeds or skins. 5 "`During the entire period of his vow of separation no razor may be used on his head. He must be holy until the period of his separation to the LORD is over; he must let the hair of his head grow long. 6 Throughout the period of his separation to the LORD he must not go near a dead body. 7 Even if his own father or mother or brother or sister dies, he must not make himself ceremonially unclean on account of them, because the symbol of his separation to God is on his head. 8 Throughout the period of his separation he is consecrated to the LORD. 9 "`If someone dies suddenly in his presence, thus defiling the hair he has dedicated, he must shave his head on the day of his cleansing -- the seventh day. 10 Then on the eighth day he must bring two doves or two young pigeons to the priest at the entrance to the Tent of Meeting. 11 The priest is to offer one as a sin offering and the other as a burnt offering to make atonement for him because he sinned by being in the presence of the dead body. That same day he is to consecrate his head. 12 He must dedicate himself to the LORD for the period of his separation and must bring a year-old male lamb as a guilt offering. The previous days do not count, because he became defiled during his separation. 13 "`Now this is the law for the Nazirite when the period of his separation is over. He is to be brought to the entrance to the Tent of Meeting. 14 There he is to present his offerings to the LORD: a year-old male lamb without defect for a burnt offering, a year-old ewe lamb without defect for a sin offering, a ram without defect for a fellowship offering, 15 together with their grain offerings and drink offerings, and a basket of bread made without yeast -- cakes made of fine flour mixed with oil, and wafers spread with oil. 16 "`The priest is to present them before the LORD and make the sin offering and the burnt offering. 17 He is to present the basket of unleavened bread and is to sacrifice the ram as a fellowship offering to the LORD, together with its grain offering and drink offering. 18 "`Then at the entrance to the Tent of Meeting, the Nazirite must shave off the hair that he dedicated. He is to take the hair and put it in the fire that is under the sacrifice of the fellowship offering. Observations: This is the Nazarite vow--probably the highest form of dedication to the LORD in the OT. It was obviously for both men and women (v.2), with no apparent differences between their commitments--the offerings are the same, the regulations the same, the treatment the same. If the Nazarite were female, notice that she cannot defile herself EVEN FOR HER FATHER or BROTHER (c. 7). At the end of the process, she is required to make the hair-sacrifice HERSELF--not the priest (v.18). This procedure all takes place at the entrance to the Tent of Meeting (v.18). Evans (citing Vos) points out how high this level of consecration was: Vos points out that if we compare the elements involved with a vow, such as cleansing regulations, then 'the Nazirite vow...brought one in some respects to the level of consecration of a high priest.' [WS:WIB:29] Num 30: The first part of this chapter deals with religious vows. It starts out with a strong admonition to men to fulfill whatever they commit to, but then goes on to discuss various aspects of female vows. Although we will deal with this passage under a later category, it should be noted that there were no restrictions on vows by 'head of household' women--widows and divorcees (v. 9), nor on vows by OLDER daughters in households (v. 3). And it should also be noted, that under the conditions of vs 3-5, even YOUNG GIRLS could make vows to the LORD! He was always open to building relationships with them. From the inclusive 'you' (and description of the other family members as 'sons and daughters'), it is clear that God commanded BOTH husband and wife to travel and celebrate the cultic feasts. Cf. Deut 12.12, 18; 16.11,14: And there rejoice before the LORD your God, you, your sons and daughters, your menservants and maidservants, and the Levites from your towns, who have no allotment or inheritance of their own...Instead, you are to eat them in the presence of the LORD your God at the place the LORD your God will choose -- you, your sons and daughters, your menservants and maidservants, and the Levites from your towns -- and you are to rejoice before the LORD your God in everything you put your hand to...And rejoice before the LORD your God at the place he will choose as a dwelling for his Name -- you, your sons and daughters, your menservants and maidservants, the Levites in your towns, and the aliens, the fatherless and the widows living among you. ..Be joyful at your Feast -- you, your sons and daughters, your menservants and maidservants, and the Levites, the aliens, the fatherless and the widows who live in your towns... Deut 29.9ff: Carefully follow the terms of this covenant, so that you may prosper in everything you do. 10 All of you are standing today in the presence of the LORD your God -- your leaders and chief men, your elders and officials, and all the other men of Israel, 11 together with your children and your wives, and the aliens living in your camps who chop your wood and carry your water. 12 You are standing here in order to enter into a covenant with the LORD your God, a covenant the LORD is making with you this day and sealing with an oath, 13 to confirm you this day as his people, that he may be your God as he promised you and as he swore to your fathers, Abraham, Isaac and Jacob. 14 I am making this covenant, with its oath, not only with you 15 who are standing here with us today in the presence of the LORD our God but also with those who are not here today. Observations: Notice that the wives were specifically addressed as covenant parties. Deut 31.10ff: Then Moses commanded them: "At the end of every seven years, in the year for canceling debts, during the Feast of Tabernacles, 11 when all Israel comes to appear before the LORD your God at the place he will choose, you shall read this law before them in their hearing. 12 Assemble the people -- men, women and children, and the aliens living in your towns -- so they can listen and learn to fear the LORD your God and follow carefully all the words of this law. Observations: the women were specially included in the public reading of the Law. Deut 32.19: The LORD saw this and rejected them because he was angered by his sons and daughters. Observation: This verse in the Song of Moses pre-rehearses the fortunes of Israel. The mention of the word "daughters" illustrates that YHWH's relationship to His covenant people was not just with or through "the sons"!
Passages which show equal value, treatment, punishment, and honor for women Ex 20.12: "Honor your father and your mother, so that you may live long in the land the LORD your God is giving you. Observations: Mother was to be honored at the same level as Father--no distinction in honor. (also Lev 19.3) Ex 21:15, 17: "Anyone who attacks his father or his mother must be put to death. ..... "Anyone who curses his father or mother must be put to death. Observation: "Ancient Israel raised the role and authority of the mother to a new level when compared to her ancient Near Eastern neighbors, as exemplified in law codes where offenses against the mother were judged as seriously as those against the father." (Fontaine, in SAIANE:161) [see also Lev 20.9; Deut 27.16] Ex 21.26ff: "If a man hits a manservant or maidservant in the eye and destroys it, he must let the servant go free to compensate for the eye. 27 And if he knocks out the tooth of a manservant or maidservant, he must let the servant go free to compensate for the tooth. 28 "If a bull gores a man or a woman to death, the bull must be stoned to death, and its meat must not be eaten. But the owner of the bull will not be held responsible. 29 If, however, the bull has had the habit of goring and the owner has been warned but has not kept it penned up and it kills a man or woman, the bull must be stoned and the owner also must be put to death. 30 However, if payment is demanded of him, he may redeem his life by paying whatever is demanded. 31 This law also applies if the bull gores a son or daughter. 32 If the bull gores a male or female slave, the owner must pay thirty shekels of silver to the master of the slave, and the bull must be stoned. Observations: In each of these cases, the male and female are valued EQUALLY. Lev 12.6: "`When the days of her purification for a son or daughter are over, she is to bring to the priest at the entrance to the Tent of Meeting a year-old lamb for a burnt offering and a young pigeon or a dove for a sin offering. 7 He shall offer them before the LORD to make atonement for her, and then she will be ceremonially clean from her flow of blood. Observation: The offering was IDENTICAL for male or female babies. Lev 13: This chapter deals with various types of skin disorders, and it applied to men and women alike (cf. vs.29, 38). Lev 15: 18--sexual contact rendered BOTH parties unclean for the same length of time--no distinction. Lev 20.10-12: "`If a man commits adultery with another man's wife -- with the wife of his neighbor -- both the adulterer and the adulteress must be put to death. 11 "`If a man sleeps with his father's wife, he has dishonored his father. Both the man and the woman must be put to death; their blood will be on their own heads. 12 "`If a man sleeps with his daughter-in-law, both of them must be put to death. What they have done is a perversion; their blood will be on their own heads. Observations: Both parties in adultery were EQUALLY guilty and EQUALLY punished. (The man was not somehow 'less responsible' or under a 'looser standard'!) [see also Deut 22.22,23]Curiously, this equal punishment is a step forward for women of the time! So Carmody in WS:WWR:191: "...the provision in Deuteronomy 22.22 that imposes the death penalty on an adulterous couple. This is a landmark insofar as it treats the woman as equal to the men. By contrast, the law of adultery in many other cultures evolved in a way that never granted the woman fully human status. For example, ancient Greece placed the erring wife in the hands of her master, who was usually her husband or father. " Lev 20.27: "`A man or woman who is a medium or spiritist among you must be put to death. You are to stone them; their blood will be on their own heads.'" Observations: Male and Female bore equal punishment. Lev 21.1: The LORD said to Moses, "Speak to the priests, the sons of Aaron, and say to them: `A priest must not make himself ceremonially unclean for any of his people who die, 2 except for a close relative, such as his mother or father, his son or daughter, his brother, 3 or an unmarried sister who is dependent on him since she has no husband -- for her he may make himself unclean. Observations: Females were important enough for a priest to become unclean for! Num 5.1-3: The LORD said to Moses, 2 "Command the Israelites to send away from the camp anyone who has an infectious skin disease or a discharge of any kind, or who is ceremonially unclean because of a dead body. 3 Send away male and female alike; send them outside the camp so they will not defile their camp, where I dwell among them." Observation: Equal treatment for female and male. Num 5.6: "Say to the Israelites: `When a man or woman wrongs another in any way and so is unfaithful to the LORD, that person is guilty 7 and must confess the sin he has committed. He must make full restitution for his wrong, add one fifth to it and give it all to the person he has wronged. Observation: Either party is equally guilty, and equally expected to get the resources necessary for restitution. Num 18.11,19: "This also is yours: whatever is set aside from the gifts of all the wave offerings of the Israelites. I give this to you and your sons and daughters as your regular share. Everyone in your household who is ceremonially clean may eat it.........Whatever is set aside from the holy offerings the Israelites present to the LORD I give to you and your sons and daughters as your regular share. Observation: The high priest could share the dedicated offerings of the Lord with his daughters. Deut 13.6ff; 17.2ff; 29.18: 6 If your very own brother, or your son or daughter, or the wife you love, or your closest friend secretly entices you, saying, "Let us go and worship other gods" (gods that neither you nor your fathers have known, 7 gods of the peoples around you, whether near or far, from one end of the land to the other), 8 do not yield to him or listen to him. Show him no pity. Do not spare him or shield him. 9 You must certainly put him to death...........If a man or woman living among you in one of the towns the LORD gives you is found doing evil in the eyes of the LORD your God in violation of his covenant, 3 and contrary to my command has worshipped other gods, bowing down to them or to the sun or the moon or the stars of the sky, 4 and this has been brought to your attention, then you must investigate it thoroughly. If it is true and it has been proved that this detestable thing has been done in Israel, 5 take the man or woman who has done this evil deed to your city gate and stone that person to death.........Make sure there is no man or woman, clan or tribe among you today whose heart turns away from the LORD our God to go and worship the gods of those nations; make sure there is no root among you that produces such bitter poison. Observation: The punishment for idolatry and covenant treason were equal for men and women. Both had the power to influence the community and introduce such 'bitter poison' into the nation. Deut 15.12: If a fellow Hebrew, a man or a woman, sells himself to you and serves you six years, in the seventh year you must let him go free. Observation: Both women and men could sell themselves, and both were to go free under the same conditions--no inequality. Deut 20.10:When you march up to attack a city, make its people an offer of peace. 11 If they accept and open their gates, all the people in it shall be subject to forced labor and shall work for you. 12 If they refuse to make peace and they engage you in battle, lay siege to that city. 13 When the LORD your God delivers it into your hand, put to the sword all the men in it. 14 As for the women, the children, the livestock and everything else in the city, you may take these as plunder for yourselves. And you may use the plunder the LORD your God gives you from your enemies. Observation: This passage deals with nations at a distance from Israel (v. 15). Both the men and the women could be made into semi-slave labor or "plunder" (if the men were co-operative). If the men were not, only the women would survive for that. It is important to note that the captive women AND men (if they survived) were BOTH treated as 'plunder'--NOT JUST the women!Deut 23.17-18: 17 No Israelite man or woman is to become a shrine prostitute. 18 You must not bring the earnings of a female prostitute or of a male prostitute into the house of the LORD your God to pay any vow, because the LORD your God detests them both. Observation: Both sexes are equally prohibited from religious prostitution.
Passages which focus on women's legal rights, property codes, and relationship with the broader legal community. Ex 21.2-4: "If you buy a Hebrew servant, he is to serve you for six years. But in the seventh year, he shall go free, without paying anything. 3 If he comes alone, he is to go free alone; but if he has a wife when he comes, she is to go with him. 4 If his master gives him a wife and she bears him sons or daughters, the woman and her children shall belong to her master, and only the man shall go free. Observations: The exact nature of Hebrew 'slavery' is somewhat obscure. Practically, it looks more like a 6-year contracted labor agreement with room and board included. In the passage above, we want to notice that when a man sold himself as a servant, ALL that 'belonged' to the master was HIM--NOT HIS WIFE. She was not some kind of property that 'transferred' wherever the man went. And, in the case when the master gave the servant a wife (presumably from among his maidservants), it is no wonder it still 'belonged' to his household--no brideprice was paid. When the servant went free, he theoretically could accumulate the necessary capital (or negotiate with the master) to marry the maidservant. It is sufficient for our purposes here simply to note that the wife was not simply a 'automatically transferred asset' upon selling oneself into servanthood. We have noted before that property passed to the daughters of Zelophehad via inheritance (Num 27.1-7). Num 27.8-9: "Say to the Israelites, `If a man dies and leaves no son, turn his inheritance over to his daughter. 9 If he has no daughter, give his inheritance to his brothers. Observation: A daughter had HIGHER priority than her father's own brothers! ANE Context. In the Laws of Lipit-Ishtar (ruler of the city-state of Isin in Sumer, after the Third Dynasty of Ur, 1934-1924bc), this was also the case (Law b): "If a man dies without male offspring, an unmarried daughter shall be his heir" (LCMAM:26) Deut 21.18: If a man has a stubborn and rebellious son who does not obey his father and mother and will not listen to them when they discipline him, 19 his father and mother shall take hold of him and bring him to the elders at the gate of his town. 20 They shall say to the elders, "This son of ours is stubborn and rebellious. He will not obey us. He is a profligate and a drunkard. "Then all the men of his town shall stone him to death. You must purge the evil from among you. All Israel will hear of it and be afraid. Observation: This passage is VERY interesting. Not only do BOTH parents appear and BOTH speak to the elders at the Gate, but the capital punishment law requiring TWO WITNESSES (Deut 17.6--On the testimony of two or three witnesses a man shall be put to death, but no one shall be put to death on the testimony of only one witness. ), implies that the WIFE counted as a witness before the elders at the gates. Deut 22.15: then the girl's father and mother shall bring proof that she was a virgin to the town elders at the gate. 16 The girl's father will say to the elders, "I gave my daughter in marriage to this man, but he dislikes her. 17 Now he has slandered her and said, `I did not find your daughter to be a virgin.' But here is the proof of my daughter's virginity." Then her parents shall display the cloth before the elders of the town, Observation: Similar to the above--both father AND mother appear at the gates and produce arguments and evidence. Deut 25.5ff: If brothers are living together and one of them dies without a son, his widow must not marry outside the family. Her husband's brother shall take her and marry her and fulfill the duty of a brother-in-law to her. 6 The first son she bears shall carry on the name of the dead brother so that his name will not be blotted out from Israel. 7 However, if a man does not want to marry his brother's wife, she shall go to the elders at the town gate and say, "My husband's brother refuses to carry on his brother's name in Israel. He will not fulfill the duty of a brother-in-law to me." 8 Then the elders of his town shall summon him and talk to him. If he persists in saying, "I do not want to marry her," 9 his brother's widow shall go up to him in the presence of the elders, take off one of his sandals, spit in his face and say, "This is what is done to the man who will not build up his brother's family line." 10 That man's line shall be known in Israel as The Family of the Unsandaled. Observations: The removal of the sandal signified the transfer of inheritance rights to someone else (cf. Ruth 4.7-8). The expected future for a widow was to marry the brother (under Levirite law) and have a kid to pass the inheritance on to. In the case of a non-compliant brother (as in the case above), the widow BECAME the owner of the inheritance (like Naomi). This transfer of property was done at the city gates, indicating that a widow was a full legal agent in these types of transactions, and could 'force the issue' at will.[We have already noted the passage in Judges 5.11ff, in which it showed that the woman Deborah 'sat at the gates,' judging with the elders (and probably, judging them as well!).]
Passages which show either stricter requirements/penalties on men, and/or preferential treatment/special protection for women.
Although the above texts indicated that women were at least EQUAL TO men in most respects before God, there is a surprising number of passages which indicate either stricter standards for men, or preferential treatment by God for His daughters. Passages in which the men are held to stricter standards (or are singled out to make sure they understand!). Ex 20.17b: "You shall not covet your neighbor's wife, . Notice that the man is OBVIOUSLY singled out in the Ten Commandments by the reference to the neighbors "wife"! Ex 22.16: "If a man seduces a virgin who is not pledged to be married and sleeps with her, he must pay the bride-price, and she shall be his wife. 17 If her father absolutely refuses to give her to him, he must still pay the bride-price for virgins. Notice: the man had to make it good--NOT the female! The string of sharp commands for sexual purity in Leviticus 18 and Deut 27 is addressed to the male ONLY (the one exception out of 23 verses is vs.23). The male is constantly reminded of the culpability of infidelity and inappropriate sexual behavior. The female is almost ASSUMED everywhere to be 'more righteous'. Lev 19.20-22: "`If a man sleeps with a woman who is a slave girl promised to another man but who has not been ransomed or given her freedom, there must be due punishment. Yet they are not to be put to death, because she had not been freed. 21 The man, however, must bring a ram to the entrance to the Tent of Meeting for a guilt offering to the LORD. 22 With the ram of the guilt offering the priest is to make atonement for him before the LORD for the sin he has committed, and his sin will be forgiven. Notice: ONLY the man has to bring a sacrifice. ANE Context: This was apparently a common situation in the ANE, with similar laws showing up in the Law codes of Ur-Namma (ca. 2100 bc, city of Ur) and of Eshunna (ca. 1770 bc, city of Eshnunna in Sumer). However, in both these codes (LU 8; LE 64--see LCMAM:18,84), the offender merely pays money to the owner of the slave--there is no real moral guilt involved. In the biblical law, the man must answer to YHWH. Passages which provide special (favorable) protection, treatment, or privilege for women. Ex 21.7-11: "If a man sells his daughter as a servant, she is not to go free as menservants do. 8 If she does not please the master who has selected her for himself, he must let her be redeemed. He has no right to sell her to foreigners, because he has broken faith with her. 9 If he selects her for his son, he must grant her the rights of a daughter. 10 If he marries another woman, he must not deprive the first one of her food, clothing and marital rights. 11 If he does not provide her with these three things, she is to go free, without any payment of money. Observations: A man could sell either his sons or daughters (or himself) into the 6-year 'slavery' contracts But in the case of selling the daughter, there were the above constraints on him. One can see the protective nature of this passage, involving marital rights, familial rights, and/or gratuitous freedom. In all cases, the female is cared for and provided for! God build safeguards into the law to avoid exploitation of His daughters. Ex 22.16: "If a man seduces a virgin who is not pledged to be married and sleeps with her, he must pay the bride-price, and she shall be his wife. 17 If her father absolutely refuses to give her to him, he must still pay the bride-price for virgins. Observations: In this case, notice that the violated virgin is still protected. She either gets a home, or, if the father deems it NOT a good idea, she doesn't have to marry the guy! Lev 12.1ff: The LORD said to Moses, 2 "Say to the Israelites: `A woman who becomes pregnant and gives birth to a son will be ceremonially unclean for seven days, just as she is unclean during her monthly period. 3 On the eighth day the boy is to be circumcised. 4 Then the woman must wait thirty-three days to be purified from her bleeding. She must not touch anything sacred or go to the sanctuary until the days of her purification are over. 5 If she gives birth to a daughter, for two weeks the woman will be unclean, as during her period. Then she must wait sixty-six days to be purified from her bleeding. "`When the days of her purification for a son or daughter are over, she is to bring to the priest at the entrance to the Tent of Meeting a year-old lamb for a burnt offering and a young pigeon or a dove for a sin offering. 7 He shall offer them before the LORD to make atonement for her, and then she will be ceremonially clean from her flow of blood. . Observations. This is a fascinating passage. In verse 6, we see that the actual atonement 'price' for a boy or a girl baby was the same (=>equal value), but the amount of time the mother was ceremonially "unclean" was double for a girl than for a boy. Why the difference, given that the atonement value was the same? I think the answer might be found in the social understanding of ritual uncleanness. Ritual uncleaness was not a specifically moral notion--e.g. houses could be 'unclean' (Lev 14.36: The priest is to order the house to be emptied before he goes in to examine the mildew, so that nothing in the house will be pronounced unclean. ). If you look at the general restrictions on someone's behavior while unclean (esp. in Lev 15), you can see that they were not permitted to participate in religious ceremonies, they must avoid touching other community members (e.g. at the market), they must not handle items handled by others, they could not touch beds other than their own, they could not touch clay pots or wooden cooking utensils. In practical terms, they could do NOTHING but stay at home. They could do no housework or cooking, no shopping or cleaning. ALL THEY COULD DO is stay at home and "play with the kids"! What the above passage means, given this understanding of the practical dimensions of 'uncleanness' is that God was simply giving mothers more "time off" for having a girl than for having a boy! Whether this was for the mother's simple enjoyment of the mother-daughter experience, or for the additional bonding, or for additional communication of nurturing warmth (or all of the above), we will not be able to determine from the text. But the fact remains--the mother got to play with her girl babies twice as long as her boy babies before she had to 'go back to work'! Lev 15:19ff "`When a woman has her regular flow of blood, the impurity of her monthly period will last seven days, and anyone who touches her will be unclean till evening. Observation: This section describes the restrictions on the woman's activities during her period. In general, they mean exemption from required activities (including 'church'), from potentially uncomfortable sexual activities (cf. 15.24) and from many of the household duties (presumably handled by maidservants, children, relatives, or husband)--amounting to a great deal of flexibility. Lev 19.29:"`Do not degrade your daughter by making her a prostitute Notice: A rather clear case of protection Lev 22.12: If a priest's daughter marries anyone other than a priest, she may not eat any of the sacred contributions. 13 But if a priest's daughter becomes a widow or is divorced, yet has no children, and she returns to live in her father's house as in her youth, she may eat of her father's food. Observation: God made special provision for the dis-married daughters of priests. Lev 27.1ff: The LORD said to Moses, 2 "Speak to the Israelites and say to them: `If anyone makes a special vow to dedicate persons to the LORD by giving equivalent values, 3 set the value of a male between the ages of twenty and sixty at fifty shekels of silver, according to the sanctuary shekel; 4 and if it is a female, set her value at thirty shekels............. 8 If anyone making the vow is too poor to pay the specified amount, he is to present the person to the priest, who will set the value for him according to what the man making the vow can afford. Observations: This passages concerns 'temporary slave-servants' of YHWH. A male or female could dedicate himself/herself to the LORD's service, and typically would buy themselves back. If they did NOT pay the redemption price, they were actual servants for life, dedicated to cult-related work (including servants to the priests). Thus, such a vow/dedication amounted to semi-slavery. What is interesting about this passage is that the redemption value for women is LOWER than that for men. What this CANNOT mean, however, is that the value of female slaves is LESS THAN the value of male slaves, because the law concerning the murder/manslaughter of these indicated IDENTICAL values (cf. Ex 21.20-32 placed the exact same monetary values on both sexes). What this passage nets out at, then, is that the Law simply made it easier for women to buy their freedom than for men (or to have someone else buy it for them)! Perhaps this is a simple recognition of the lower earning power of female slaves(?), but in any case, God made provision for His daughters to have a better shot at buying their freedom than His sons! Num 5.12--the trial of bitter waters (Sotah) is a an amazing provision by God for a woman to publicly clear her name (and indict a dysfunctional husband in the process). This is the procedure invoked by a jealous and/or paranoid husband who suspected his wife of infidelity. God gave this law to protect the woman from physical and economic abuse from a capricious and petty husband. In many of the cultures of that day, men had absolute dictatorial rights over their wives. If they suspected adultery, they were allowed to kill the woman without any appeal on her part. There was not a process of justice, or process where they BOTH had to appear before a higher authority. In fact, in the Code of Hammurabi (c. 1720 BC.), CH 132, women who were suspected of this type of infidelity were required to throw themselves into the Euphrates river--if they drown, they were guilty; if not, they were innocent! (Pritchard, Ancient Near Eastern Texts, p. 171). God would instead provide a public vindication process, before His leaders, his people, and the couple. If the woman was vindicated, the man would bear the stigma of unfounded and paranoid jealousy, and slanderous accusation before his friends/family (with possible legal consequences). Her rights were protected by this very ceremony. This was a very, very advanced pro-women procedure for those times. By comparison, in the other law codes of that time, ANYONE could accuse her and force her to undergo the River Ordeal(!). So, the Laws of Ur-Nammu, 14 [ca. 2100bc, Ur in Sumer]: "If a man accuses the wife of a young man of promiscuity but the River Ordeal clears her..." (LCMAM:18). Lev 21.1-3: The LORD said to Moses, "Speak to the priests, the sons of Aaron, and say to them: `A priest must not make himself ceremonially unclean for any of his people who die, 2 except for a close relative, such as his mother or father, his son or daughter, his brother, 3 or an unmarried sister who is dependent on him since she has no husband Notice that the priest is told to provide for his unmarried sisters. God provided for her needs. Num 30.3ff: "When a young woman still living in her father's house makes a vow to the LORD or obligates herself by a pledge 4 and her father hears about her vow or pledge but says nothing to her, then all her vows and every pledge by which she obligated herself will stand. 5 But if her father forbids her when he hears about it, none of her vows or the pledges by which she obligated herself will stand; the LORD will release her because her father has forbidden her. 6 "If she marries after she makes a vow or after her lips utter a rash promise by which she obligates herself 7 and her husband hears about it but says nothing to her, then her vows or the pledges by which she obligated herself will stand. 8 But if her husband forbids her when he hears about it, he nullifies the vow that obligates her or the rash promise by which she obligates herself, and the LORD will release her. Observations: These passages are sometimes understood as being restrictive of women, when in actuality they are protective of YOUNG women. In both the first case (the young girl in her father's house) and the second case (a rash promise made by a newlywed), the husband can either let her vow stand (and she gets 'credit' from the Lord) or he can nullify it (and get her out of a difficult spot). This is an incredibly flexible and workable situation for the young. Num 30.10: "If a woman living with her husband makes a vow or obligates herself by a pledge under oath 11 and her husband hears about it but says nothing to her and does not forbid her, then all her vows or the pledges by which she obligated herself will stand. 12 But if her husband nullifies them when he hears about them, then none of the vows or pledges that came from her lips will stand. Her husband has nullified them, and the LORD will release her. 13 Her husband may confirm or nullify any vow she makes or any sworn pledge to deny herself. 14 But if her husband says nothing to her about it from day to day, then he confirms all her vows or the pledges binding on her. He confirms them by saying nothing to her when he hears about them. 15 If, however, he nullifies them some time after he hears about them, then he is responsible for her guilt." Observations: This situation is a bit more complex than the last, for at first blush it looks like the woman has NO independence at all in this matter. But a closer look reveals some interesting qualification to such a conclusion. First of all, we have cases of women making vows without any record of husband-consent (e.g. I Sam 1-2). So, we have to look at the text and context to see if there are any clues that might restrict the RANGE of application of this husband-approval requirement. There are two such considerations. First, the qualifying phrase at the end of verse 13--"to deny herself" is ALWAYS associated in the OT with 'no work' (cf. Lev 16.29; 16.31; 23.27-32; Num 29.7). In this context, this would amount to a vow to stop working at home, in the field, in the market--wherever. This might have disastrous consequences for the well-being of the family and/or community, and might be a decision that warranted a 'second opinion' (like the 'two witness' motif). Second, the nature of most vow-fulfillments entailed economic resources (e.g. sacrificing sheep or redeeming oneself as a temple-slave (Lev 27 above)). As such, it really required having solitary control over the finances--a situation that widows and divorcees had (cf. 30.9)--but not one of the average Israelite housewife. The person responsible for the 'debt' (so to speak) was protected in this case, from being over-committed by his wife. This over-commitment, in the typical case of the one-income family, would have also had possible adverse effects on the wife. So, a 'second opinion' in matters relating to finances was probably a protection for BOTH the man and the wife. Deut 21.11: 11 if you notice among the captives a beautiful woman and are attracted to her, you may take her as your wife. 12 Bring her into your home and have her shave her head, trim her nails 13 and put aside the clothes she was wearing when captured. After she has lived in your house and mourned her father and mother for a full month, then you may go to her and be her husband and she shall be your wife. 14 If you are not pleased with her, let her go wherever she wishes. You must not sell her or treat her as a slave, since you have dishonored her. Observation: Fontaine (SAIANE:157) refers to this as one of "Israel's more humanitarian values extending even to the treatment of female salves, the 'disposable' persons of the Ancient Near East." One can scarcely read the passage above (with its commands on male restraint!) without sensing God's concern for the protection of this captive female. Deut 22.13-19: 13 If a man takes a wife and, after lying with her, dislikes her 14 and slanders her and gives her a bad name, saying, "I married this woman, but when I approached her, I did not find proof of her virginity," 15 then the girl's father and mother shall bring proof that she was a virgin to the town elders at the gate. 16 The girl's father will say to the elders, "I gave my daughter in marriage to this man, but he dislikes her. 17 Now he has slandered her and said, `I did not find your daughter to be a virgin.' But here is the proof of my daughter's virginity." Then her parents shall display the cloth before the elders of the town, 18 and the elders shall take the man and punish him. 19 They shall fine him a hundred shekels of silver and give them to the girl's father, because this man has given an Israelite virgin a bad name. She shall continue to be his wife; he must not divorce her as long as he lives. Observation: In this passage, the reputation of the women, and the lifelong provision for her needs are focused on. God architects this situation to protect the woman against capricious men. ANE Context: In a similar case in the Laws of Lipit-Istar (ca. 1930bc), 33, anyone can accuse a woman of promiscuity, and the penalty for slander is only TEN shekels. [LCMAM:33] Deut 22.25-27: But if out in the country a man happens to meet a girl pledged to be married and rapes her, only the man who has done this shall die. 26 Do nothing to the girl; she has committed no sin deserving death. This case is like that of someone who attacks and murders his neighbor, 27 for the man found the girl out in the country, and though the betrothed girl screamed, there was no one to rescue her. Notice: God ASSUMES that the woman would have been righteous and 'cried out'! He builds this 'benefit of doubt' INTO the Law. The man dies; the woman is free. ANE Context: The Hittite Law in this regard is much harsher (p197, LCMAM:237): "If a man seizes a woman in the mountains (and rapes her), it is the man's offense, but if he seizes her in her house, it is the woman's offense; the woman shall die." In the biblical version of the 'in-town' rape, BOTH parties are equally guilty---the man is NEVER absolved from responsibility in ANY situations in biblical law (Deut 22.23-24). Deut 24.1: If a man marries a woman who becomes displeasing to him because he finds something indecent about her, and he writes her a certificate of divorce, gives it to her and sends her from his house, 2 and if after she leaves his house she becomes the wife of another man, 3 and her second husband dislikes her and writes her a certificate of divorce, gives it to her and sends her from his house, or if he dies, 4 then her first husband, who divorced her, is not allowed to marry her again after she has been defiled. Observation: This restriction on remarriage to the same party SEEMS to be aimed at the convenient "Vegas-style" divorce/weekend marriage/re-marriage. In this scenario, the primary wife (and hence the oldest) is temporarily divorced, the man marries some 'little young thing' for a short time, divorces the younger one when it is time to 'get back to life', and re-marries the older, proven, faithful, successful first wife. This type of mistreatment of the wife of 'his youth' (Prov 5.18; Mal 2.14-15) is precluded in some cases by this law. Deut 24.5: If a man has recently married, he must not be sent to war or have any other duty laid on him. For one year he is to be free to stay at home and bring happiness to the wife he has married. Observations: The Lord exempts a man from military service--not for the man's happiness, but for the happiness of the wife! God must be concerned about the happiness of those who do the special work of being a wife. On of the more important protections is something NOT in the law. In the famous Law of Hammurabi, for example, if a father killed a woman of the upper class, his DAUGHTER would be killed in punishment(!)--[P209-210 (LWMAM:122)], and if a builder build a structure that collapsed, killing a tenant's son, then the builder's SON would die in return [P230, (LWMAM:125)]. In biblical law, each person dies for their own crime (Dt 24.16: Fathers shall not be put to death for their children, nor children put to death for their fathers; each is to die for his own sin. ). Of special concern to God was the care for a special class of women--the widow. A few passages and observations will illustrate this.The OT law of Levirite marriage (Dt 25.5, et. al.) was obviously meant for the protection/care of widows. In the ANE context, the Hittite laws (P193, LCMAM:236) mirrored this: "If a man has a wife, and the man dies, his brother shall take his widow as wife. (If the brother dies,), his father shall take her..." This is, of course, why Tamar disguises herself as a shrine prostitute in Gen 38 to 'seduce' Judah, her father-in-law, who has NOT fulfilled this obligation to date. Deut 10.17: For the LORD your God is God of gods and Lord of lords, the great God, mighty and awesome, who shows no partiality and accepts no bribes. 18 He defends the cause of the fatherless and the widow, and loves the alien, giving him food and clothing. Deut 14.28:" At the end of every three years, bring all the tithes of that year's produce and store it in your towns, 29 so that the Levites (who have no allotment or inheritance of their own) and the aliens, the fatherless and the widows who live in your towns may come and eat and be satisfied, and so that the LORD your God may bless you in all the work of your hands." Notice that the tithes of every third year were designated for relief work that included needy widows. (cf. Dt 26.12 Deut 16.9 "Count off seven weeks from the time you begin to put the sickle to the standing grain. 10 Then celebrate the Feast of Weeks to the LORD your God by giving a freewill offering in proportion to the blessings the LORD your God has given you. And rejoice before the LORD your God at the place he will choose as a dwelling for his Name -- you, your sons and daughters, your menservants and maidservants, the Levites in your towns, and the aliens, the fatherless and the widows living among you." Notice that the Feast of Weeks had a special emphasis on helping the widows to rejoice. Deut 24.17: " Do not deprive the alien or the fatherless of justice, or take the cloak of the widow as a pledge. Remember that you were slaves in Egypt and the LORD your God redeemed you from there. That is why I command you to do this. When you are harvesting in your field and you overlook a sheaf, do not go back to get it. Leave it for the alien, the fatherless and the widow, so that the LORD your God may bless you in all the work of your hands. When you beat the olives from your trees, do not go over the branches a second time. Leave what remains for the alien, the fatherless and the widow. When you harvest the grapes in your vineyard, do not go over the vines again. Leave what remains for the alien, the fatherless and the widow." Observations: God made very explicit allowances and provisions for widows, and these regulations were instrumental in the case of the widow Naomi and her daughter-in-law Ruth (Ruth 2.16ff). Deut 27.19: "Cursed is the man who withholds justice from the alien, the fatherless or the widow." Then all the people shall say, "Amen!" Notice that this issue was one rehearsed in the public reading of the Covenant law, and in the strongest possible "curse" terms.we see an almost painstaking attention to detail in God's law, to protect the woman in society, to encourage her religious life, and to facilitate her contribution to biblical history. God seeks His daughters to worship Him in spirit and in truth.
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SCIENCE And The BIBLE, Do They Contradict???
February 28, 2008
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