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Chapter 2
THE CIVIL LAW OF ISRAEL
Rationale
WHAT DOES THE 4,000-year-old civil law of Israel have to do with Christian values in the marketplace? Remember, the Bible declares, “. . . all Scripture is God breathed and profitable for teaching, rebuking, correcting and training in righteousness . . .” TIMOTHY 3:16). So as you study the Old Testament you see that there are many laws and guidelines that relate to marketplace decision-making. It is profitable to examine these Old Testament laws of Israel to learn biblical principles that can guide you in how to treat others in the business world. Much of God’s wisdom, truth, and principles on this subject are addressed in the book of Exodus. In this chapter these principles are developed by examining the ancient laws and the different views on how and when to apply them today. There are three divisions of the Law found in the book of Exodus:
- The first division is moral law or the Ten Commandments (EXODUS
20). - The second division is Israel’s civil law or the Book of the Covenant
(EXODUS 21-24). - The third division is the ceremonial law (EXODUS 25-40).
The moral law, or Ten Commandments is the most familiar. The civil law, or Book of the Covenant, can be regarded as an expansion of the moral principles of the Ten Commandments as they apply to civil life. They are followed by the ceremonial law which has to do with laws governing the construction of the tabernacle and the functions of the priests. These three types of law — the moral law, the civil law, and the ceremonial law — are referred to throughout the Old Testament.
Are These Laws to be Applied Today?
This leads to another question. How are we to determine if any or all of the Old Testament law should be applied today? One can hardly imagine performing sacrifices, as the Jews did, or executing people for the many offenses, such as sorcery, blasphemy, and homosexuality, that were punishable by death in Israel. On the other hand, the laws of the Old Testament are the laws of God. Three views on this question are given here.
The Traditional View
The traditional answer distinguishes between the three categories of law — moral, civil, and ceremonial. It says that the moral law is binding upon all people at all times, because it is an expression of the moral character of God in whose image we are made. God’s character is unchanging. Therefore, it is always wrong to dishonor one’s parents, murder, commit adultery, steal, lie, and so on. The very survival of society depends on adherence to such laws. As to the other categories of law, neither one is to be applied today, though for different reasons. The civil law should not be applied, because it was given to Israel only, as a nation ruled directly by God. The correct word for this type of government is theocracy. Israel was the only theocracy under the one, true God. Therefore the nations of the world are free to develop their own laws. The ceremonial law does not apply today, because it was intended to point to the future saving work of Jesus Christ and has been fulfilled by Him.
Dispensationalism
Dispensationalism offers an entirely different approach. It regards the dispensation of the law as being replaced by the current dispensation of grace, so that in the most complete and literal sense we are now no longer “under law, but under grace” (ROMANS 6:15). We have to been freed from law. We are not required to obey the ceremonial law, the civil law, or even the Ten Commandments. The dispensationalists quote Galatians 5:1, which says, “It is for freedom that Christ has set us free. Stand firm, then, and do not let yourselves be burdened again by a yoke of slavery.”
Does this mean that Christians are free to steal, murder, and do other admittedly bad and harmful things? Obviously not. Instead, two replies are given. One is that when we become Christians we are given the Holy Spirit or the life of Christ to be in us. Because we have the life of Christ within us, we will want to behave like Jesus Christ. Second, all but one of the Ten Commandments is repeated in some form in the New Testament and should therefore be obeyed as a lasting expression of God’s will for us. The one commandment that is not repeated in the New Testament is the fourth: “Remember the Sabbath day by keeping it holy” (ExoDus 20:8). We have not been told to obey this command because we have been given the Lord’s Day instead. The Sabbath day had a different function than what we observe as “the Lord’s Day.” Sabbath day was a day of sacrifice, whereas our Lord’s Day is a day of rest and worship.
Reconstructionism Or Theonomy
In recent decades a new movement has arisen which is the opposite of dispensationalism. Dispensationalists stress that Christians are free from all three types of Old Testament law, except to the extent that the moral law is reiterated in the New Testament. This new movement, known as Reconstruction or Theonomy (literally, “the law of God“), insists that the entire law is binding, and not only for Christians. It is binding upon the nations of the world, too, and for all time, though the secular nations may not yet know it or acknowledge it.
Theonomists believe that “every single stroke of the law must be seen by the Christian as applicable to this very age between the advents of Christ.” Theonomists want to reconstruct society in accordance with that law, which is where the name Reconstructionism comes from. 5This would mean, among other things, doing away with democracy and re-instituting a biblical form of slavery. It would also mean applying the death penalty for such crimes as witch-craft, Sabbath breaking, apostasy, blasphemy, adultery, homosexuality, rape, incest, and even cases of proven, persistent incorrigibility in children. It is the duty of the state to enforce such punishments.
Theonomists do not, however, propose to overthrow existing governments in order to establish such states. They are not revolutionaries. Instead, they expect “Christian states” to develop naturally as the Gospel of Christ spreads and large majorities of the world’s people become Christians. Thus, the theonomists are post-millennial in their eschatology. They anticipate an eventual rule of Christ through the church in a future Christian millennium or Golden Age.
Theonomy: An Evaluation
The appeal of reconstructionism is its concern for the law of God and its vision of a just society ruled by Jesus Christ. But according to its opponents it has great weaknesses. One weakness is its inconsistency. It insists that the entire law must be applied to society. But theonomists know that this cannot include the ceremonial law; we cannot reinstate sacrifices since these have been fulfilled and thus abrogated by Christ. Here then are at least some laws that ought not to be applied today. Moreover, Jesus transcended some Old Testament laws by His teaching, thus establishing an important new standard for Christians. For example, the Old Testament articulates the lex talionis: “eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise” (ExoDus 21:24, 25). This statement is really a stereotype formula given not to the individual but rather to judges as a general statement by which they can make the punishment fit the crime — neither too harsh nor too lenient. But Jesus went even further when He said, “Do not resist an evil person. If someone strikes you on the right cheek, turn to him the other also” (MATTHEW 5:39). Jesus also transcended the Old Testament dietary laws, teaching that “nothing that enters a man from the outside can make him ‘unclean‘,” to which Mark adds, “In saying this, Jesus declared all foods ‘clean‘” (MARK 7:18, 19). Also, the early church declared the Gentile believers were allowed to transcend some Old Testament laws like circumcision and that they were not required to obey the whole law of Moses to be saved (ACTS 15: 1-21).
Another weakness is theonomy’s post-millennialism. Christians are to pray for justice and work for it. But we are not going to see the establishment of a perfectly just kingdom in this world apart from the coming of Jesus Christ in power. Paul spoke of a day when God will establish justice: “God is just: He will pay back trouble to those who trouble you” (II THESSALONIANS 1: 6). But “this will happen [only] when the Lord Jesus is revealed from heaven in blazing fire with his powerful angels” (verse 7), not before. We must wait for it.
Two Guidelines to Follow
1) Stress Points of Agreement
Where does this leave us? These three systems are incompatible. Nevertheless, all hope of agreement is not lost. For one thing, all agree on the validity of the moral law, though for different reasons. For another, all agree that the ceremonial law has been fulfilled in Jesus Christ and must therefore be understood in terms of His work. Stressing these points of agreement is a good place to start.
2) Emphasize Principles Rather Than Specifics
The only point of substantial difference is in regard to the civil law and how it is to be applied (or not applied) in today’s society. This is why this matter is being dealt with here. Believers of most persuasions can agree on some things. Even if you disagree on whether or not the civil law is to be applied to secular governments today, it nevertheless contains within it principles that are considered basic human rights on which justice should be based. Even if these laws are not appropriated exactly in the modern day legal setting, it can at least be said that justice expressed itself in this form in Israel under the theocracy. Then consideration must be given to the form these principles should take today if we could incorporate them into our own legal systems. If that should prove impossible, then how can these principles be expressed in the more limited government of the church or, better yet, how can these basic principles become the benchmark from which we measure our personal dealings in the marketplace and with family members? Once the basic principles have been established, then the specific points of disagreement may become insignificant in light of the importance of God’s teaching.
Principles from the “Book of the Covenant” / Exodus 21
Now that it has been recognized that there are foundational principles upon which Christians can agree, we can look at the civil laws in the Book of the Covenant and consider what principles can be derived from them. More importantly, how does God say we are to treat other people?
One note of clarification is in order. As implied above, taking principles from these passages doesn’t necessarily mean Christians should follow these practices to the letter. For example, principles taken from passages on slavery in no way suggest that employees should be compared to slaves. Nevertheless, the concepts in these laws shed light on how to treat people in general and employees in particular.
Laws Concerning Hebrew Slaves / Exodus 21:1-11
It bothers some people that the Bible seems to accept slavery as a fact of life and does not denounce it as a terrible evil. However, recognize that slavery was a fact of ancient life in virtually all countries, and the economy of most lands depended on it. However, over time, Christianity did away with slavery. It was a long process of altering the way free men and women came to regard the slave, seeing him or her as a human being equal in rights and opportunities to themselves. The basis for that radical moral shift first appears in Exodus.
No Permanent, Involuntary Servitude
A unique feature of the laws regarding Hebrew slaves is that there was no such thing as a permanent, involuntary servitude of a Hebrew to a Hebrew master. A person could become a slave through debt, war, or birth, but this was not to continue indefinitely. The very first law concerning a Hebrew servant is that “he is to serve you for six years. But in the seventh year, he shall go free” (EXODUS 21:2). In fact, as we learn from other legislation, not only were masters to let their slaves go free in the seventh year, they were to provide them with a share of the flock, threshing floor, and winepress, so that they might be able to start a new life and not unavoidably fall into slavery again (DEUTERONOMY 15:12-15).
Respect Shown To The Family
A second thing noted is the respect given to the family, even that of the slave. If a slave had a wife when he entered the service of his master, he had the right to take her with him when he was set free. However, if he had been given a wife by his master, the wife remained the owner’s until her time of freedom came. This is far different from the way slave families were treated in the early days of the United States.
Right Of The Slave To Choose Own Destiny
Another striking element in this set of laws is the right of slaves to choose slavery permanently if they wished. This would suggest that slavery in Israel was not always utterly undesirable and the slave’s dignity was preserved in part by their right to determine their own destiny.
Rights Of A Daughter Sold As A Servant
The fourth provision concerns a daughter sold to another as a servant. It protects her rights, particularly her right to a husband and a home. She could not be trifled with. If she had been purchased for the master’s son to be his wife, she was to be given the rights she would have had if she were the master’s own daughter. These laws recognize that slaves were people made in God’s image and were therefore to be treated with respect.
Laws Relating to Personal Injury and Property / Exodus 21:12 Chapter 22
Another set of laws concerns personal injury and personal property. Some principles derived from these are examined briefly below.
Physical Injury Laws: Rights Irrespective of Class
The most significant thing about the laws concerning personal injury is that there is no distinction between the various classes of society, which was a common feature of other ancient legal systems as, for instance, the famous law Code of Hammurabi. Here individuals are protected, and the rights of individuals are acknowledged, even if the person is a slave (EXODUS 21:15 27).
Personal Property Laws: Restitution To Offended Party Not The State
The principle of restitution is developed strongly in this section. Here distinctions are made between losses that occur innocently or, as we would say, due to “acts of God,” and losses that involve negligence, theft, or dishonesty. If no guilt is involved, no compensation is required; it is an imperfect world. However, if there has been neglect or dishonesty, the offending party must repay the other person either one for one, two for one, or five to one, depending on the degree of guilt. +The laws fall into three classes in this section:
1) laws concerning theft (EXODUS 22:1-4);
2) laws concerning damage to private property (EXODUS 22:5-6); and,
3) laws concerning dishonesty (EXODUS 22:745).
It is significant that in none of these laws is there any thought of the crime being a crime against the state or of the state’s responsibility to imprison the one who is found guilty. Instead, the crime is against the one injured, and the demand is for restitution. This important principle is embraced by many concerning the need to reform criminal law because imprisoning people guilty of nonviolent crimes is unwise, unproductive, and unjust. Instead of being put in prison, the offender should be made to restore the property or otherwise compensate the one injured.
Laws of Justice and Mercy / Exodus 23: 1-9
Most of these laws concern justice in the courts. Thus, “Do not spread false reports” leads immediately into “Do not help a wicked man by being a malicious witness” (verse 1). “Do not follow the crowd in doing wrong” is followed by “When you give testimony in a lawsuit, do not pervert justice by siding with the crowd, and do not show favoritism to a poor man in his lawsuit” (verses 2, 3). Bribes were common in the ancient east, even in Israel (I SAMUEL 8:3; PSALM 26:10; PROVERBS 17:23; ISAIAH 1:23; MICAH 3:11), but they pervert justice and must therefore be rejected (verse 8).
The last verse prohibits taking advantage of an alien. This probably has to do with denying legal justice to foreigners and not merely private mistreatment.
Sabbath Laws I Exodus 23:10-19
These matters may be thought to belong in the section dealing with ceremonial law, since they have to do with the Sabbath and the Sabbath year. However, the reason they are included here is that they also concern justice for the land on the one hand and justice to God on the other.
Land was not to be worked without respite, paralleling the eventual freedom of a worker after six years of toil. It, too, was to be given a Sabbath year’s rest that it might recover its vitality. The people did not always do this, however. They worked the land mercilessly, just as people work themselves mercilessly today. But later the seventy-year-long Babylonian captivity was explained as having been necessary to make up for the people’s failure to observe these “rest” years (II CHRONICLES 36:21). Observance of the sabbatical years reached a climax every fifty years, which was known as the year of Jubilee. It had its own special privileges and laws (LEVITICUS 25:8-55).
The weekly Sabbath is imposed for similar reasons. It was so “your ox and your donkey may rest and the slave born in your household, and the alien as well, may be refreshed” (EXODUS 23:12). The laws concerning a sabbatical year’s rest for the land looked ahead to when the people would be settled in Canaan tilling the soil.
The Year Of Jubilee
As mentioned above, the law of Jubilee is related to the Sabbath laws. Found in Leviticus 25, the laws for the year of Jubilee are one of the most amazing pieces of legislation in the Old Testament. At least they are amazing to those who have grown up thinking that an unhindered and unlimited accumulation of wealth is one’s ultimate goal. The laws specify that every 50 years all the land of the Israelites will be returned to the families of the original owners in order to insure an ongoing equitable distribution of land for all.
The Jubilee legislation had as its basic theme the liberation of that which was bound. As a result it reminded the Israelites every fifty years of the fact that at one time, the people of God had been bound in Egypt, victims of an oppressive native regime, but that they had been liberated at the time of the Exodus by a miraculous display of divine power. They were now free citizens, living in their own land, which itself was a gift of God, but being bound to Him by a covenant relationship they were only free to serve Him to the exclusion of all others gods. As a holy nation their hearts and minds were to be set upon God and His holiness, and they were not to think in terms of accumulating vast holdings of property over periods of time lest they succumbed to the materialism of the surrounding nations.
The prescribed interruption in the normal course of national life once each half-century would furnish an opportunity for reflection upon covenant values, and remind the nation that man does not live by bread alone.
Nothing in our experience as Christians living today under predominantly secular governments exactly parallels the conditions established by the laws for the year of Jubilee. But the intent of those laws and the principles embodied in them are eternally valid. The Jubilee laws did not prohibit an industrious Jew from prospering financially. In fact, there are many promises that if the people obeyed God they would indeed prosper. Nevertheless, Jubilee was a curb on massive land accumulation especially at the expense of poorer families. It was a constant reminder that although wealth can be good and can be well used, there are things that are more important than riches, such as families and protection of the poor. Jubilee was a curb on greed.
The Jubilee principle was based on the ultimate ownership of the land by God. In other words, we are stewards of what God has given us, and stewards are accountable to their master for what they have. It is not enough to put worldly goods in their proper perspective or even use them responsibly as God’s stewards. It is also necessary to feed on the very Word of God, since it is only spiritual food that will nourish the soul, and it is the soul, not material things, that is eternal.
Application
The experience that the Israelites had of receiving revelation and the very laws of God must have been wonderful. The New Testament applies it to believers today not by urging us to seek an additional special revelation from God, but by reminding us that what we have is even better. The author of Hebrews writes:
“Therefore, brothers, since we have confidence to enter the Most Holy Place by the blood of Jesus, by a new and living way opened for us through the curtain, that is, his body, and since we have a great high priest over the house of God, let us draw near to God with a sincere heart in full assurance of faith” (Hebrews 10: 19-22).
Thus, we may approach God boldly and without fear. However, we must do so in “the obedience of faith.” When the law was read to the people of Israel, they responded, “We will do everything the Lord has said, we will obey (EXODUS 24:7). Are we willing to obey everything God has commanded us?
NEXT: Chapter 3: Foundation Principles
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Chapter 2: The Civil Law Of Israel
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