Book Reviewed: Hebrew law in Biblical times, by Ze’ev W. Falk

Law and Religion in Ancient Israel

This book is a conceptual approach to Hebrew law which is largely based on the books of Old Testament and Torah. It documents the life in ancient Israel and the norms practiced with emphasis on a range of topics including, property and contracts, personal rights, family relationships, inheritance, crime and punishment. The ancient Hebrew tradition did not distinguish between the norms of religion, morality and law. A citizen was required to obey all of them with equal consciousness. Torah includes both Rabbinic Judaism's written law and oral law that enforces Jewish religious teachings throughout history, including the Mishnah, the Talmud, the Midrash and more. Torah’s narratives, statements of law, and statements of ethics are referred to as biblical law or commandments.

The Pentateuch, the first five books of the twenty-four books of the Tanakh (Hebrew Bible) including perushim (rabbinic commentaries) refers to the books of Genesis, Exodus, Leviticus, Numbers, and Deuteronomy. They include the oldest codes of law including the Ten Commandments. The covenants of the Pentateuch are agreements made between God and Abraham and the ancient Israelites. Deuteronomy 30:5 and 30:20; Genesis 15:18-21 and 17:8 and Jeremiah 31:30-33 details the covenant that explicitly entitles Hebrew population to own the land of Israel.

The author quotes from the five books of Pentateuch extensively to narrate the social structure, government and the law that regulated life in ancient Israel. A wide range of specific topics are discussed including, royal administration, kingship, local government, role of synagogue, administration of justice, the operation of courts, rabbinic interpreters, contracts, property law, ownership, barter and sale; civilian rights and how it differed from its application to women, foreigners, and slaves; family law, divorce, polygyny, endogamy, children and male succession; crime and punishment.

The Hebrew laws were dominantly sexist, and all interpreters of law and holy books were men. Slavery was tolerated for a variety of reasons. The law and religion were inseparable and the name of god was very convenient to enforce law that was discriminatory.