Deuteronomic Code
Encyclopedia
The Deuteronomic Code is the name given by academics to the law code within the Book of Deuteronomy. It contains "a variety of topics including religious ceremonies and ritual purity, civil and criminal law, and the conduct of war". They are similar to other collections of laws found in the first five books of the Tanakh
Tanakh
The Tanakh is a name used in Judaism for the canon of the Hebrew Bible. The Tanakh is also known as the Masoretic Text or the Miqra. The name is an acronym formed from the initial Hebrew letters of the Masoretic Text's three traditional subdivisions: The Torah , Nevi'im and Ketuvim —hence...

 (the Torah
Torah
Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...

) such as the Covenant Code
Covenant Code
The Covenant Code, or alternatively Book of the Covenant, is the name given by academics to a text appearing in the Torah at Exodus - . Biblically, the text is the second of the law codes given to Moses by God at Mount Sinai...

 found in Exodus 20-23, except for the portion discussing the Ethical Decalogue, which is usually treated separately. This separate treatment stems not from any concern over authorship, but merely because the Ethical Decalogue is, academically, a subject in its own right.

Almost the entirety of Deuteronomy is presented as the last few speeches of Moses
Moses
Moses was, according to the Hebrew Bible and Qur'an, a religious leader, lawgiver and prophet, to whom the authorship of the Torah is traditionally attributed...

, beginning with an historical introduction as well as a second introduction which expands on the Ethical Decalogue, and ending with hortatory speeches and final words of encouragement. Between these is found the law code, at Deuteronomy 12-26. In critical scholarship, this portion, as well as the majority of the remainder of Deuteronomy, was written by the Deuteronomist
Deuteronomist
The Deuteronomist, or simply D, is one of the sources underlying the Hebrew bible . It is found in the book of Deuteronomy, in the books of Joshua, Judges, Samuel, and Kings and also in the book of Jeremiah...

.

Laws of the Deuteronomic Code

The Deuteronomic Code forms several mitzvah
Mitzvah
The primary meaning of the Hebrew word refers to precepts and commandments as commanded by God...

, approximately one third of the mitzvot in the Torah, and is therefore a major constituent of Jewish Law. While several of the laws are repetitions of those present elsewhere in the Torah, many have notable variations, and there are additionally many further laws which are unique to the code.

Laws similar to those elsewhere in the Torah

Laws of religious observance
  • Against worshipping other gods, at Deuteronomy 12:29-31
  • Prohibiting deliberate disfigurement as an act of mourning
    Mourning
    Mourning is, in the simplest sense, synonymous with grief over the death of someone. The word is also used to describe a cultural complex of behaviours in which the bereaved participate or are expected to participate...

    , at Deuteronomy 14:1-2
  • Concerning clean and unclean animals, at Deuteronomy 14:3-20
  • Prohibiting the consumption of animals who have not been killed by mankind, at Deuteronomy 14:21
  • Against Asherah
    Asherah
    Asherah , in Semitic mythology, is a Semitic mother goddess, who appears in a number of ancient sources including Akkadian writings by the name of Ashratum/Ashratu and in Hittite as Asherdu or Ashertu or Aserdu or Asertu...

     groves and ritual pillars, at Deuteronomy 16:21-22
  • Against blemished sacrifices, at Deuteronomy 17;1


Laws concerning officials
  • Ordering impartiality of judges, at Deuteronomy 16:19-20


Criminal law
  • Concerning witnesses, at 19:15-21
  • Concerning adultery and seduction
    Seduction
    In social science, seduction is the process of deliberately enticing a person to engage. The word seduction stems from Latin and means literally "to lead astray". As a result, the term may have a positive or negative connotation...

    , at Deuteronomy 22:22-29
  • Against kidnap, at Deuteronomy 24:7
  • Ordering just weights and measures, at Deuteronomy 25:13-16


Civil law
  • Ordering the restoration of lost property once found, at Deuteronomy 22:1-4
  • Prohibition of mixing kinds, at Deuteronomy 22:9-11
  • Concerning tzitzit
    Tzitzit
    The Hebrew noun tzitzit is the name for specially knotted ritual fringes worn by observant Jews. Tzitzit are attached to the four corners of the tallit and tallit katan.-Etymology:The word may derive from the semitic root N-TZ-H...

    , at Deuteronomy 22:12
  • Against marrying a step-mother, at Deuteronomy 22:30
  • Against usury
    Usury
    Usury Originally, when the charging of interest was still banned by Christian churches, usury simply meant the charging of interest at any rate . In countries where the charging of interest became acceptable, the term came to be used for interest above the rate allowed by law...

    , at Deuteronomy 23:19-20
  • Concerning vows, at Deuteronomy 23:21-23
  • Concerning pledges, at Deuteronomy 24:6, and 24:10-13
  • Concerning leprosy, at Deuteronomy 24:8-9
  • Concerning the wages of a hired servant, at Deuteronomy 24:14-15
  • Ordering justice towards strangers, widows, and orphan
    Orphan
    An orphan is a child permanently bereaved of or abandoned by his or her parents. In common usage, only a child who has lost both parents is called an orphan...

    s, at Deuteronomy 24:17-18
  • Concerning the scraps of crops, at Deuteronomy 24:19-22

Laws differing from those elsewhere in the Torah

Laws of religious observance
  • Prohibiting offerings and vows outside a single central sanctuary, at Deuteronomy 12:1-28
  • Concerning the tithe
    Tithe
    A tithe is a one-tenth part of something, paid as a contribution to a religious organization or compulsory tax to government. Today, tithes are normally voluntary and paid in cash, cheques, or stocks, whereas historically tithes were required and paid in kind, such as agricultural products...

    , at Deuteronomy 14:22-29
  • Concerning relief of debt in the seventh year, at Deuteronomy 15:1-11
  • Ordering the offering to Yahweh
    Yahweh
    Yahweh is the name of God in the Bible, the God of Abraham, Isaac, Jacob, Jews and Christians.The word Yahweh is a modern scholarly convention for the Hebrew , transcribed into Roman letters as YHWH and known as the Tetragrammaton, for which the original pronunciation is unknown...

     of the firstborn males, at Deuteronomy 15:19-23
  • Concerning the three annual feasts, at Deuteronomy 16:1-17


Criminal law
  • Concerning manslaughter
    Manslaughter
    Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...

     and murder, at Deuteronomy 19:1-13


Civil laws
  • Concerning slavery, at Deuteronomy 15:12-18
  • Concerning cleanliness in the camp, at Deuteronomy 23:9-14

Laws unique, within the Torah, to the Deuteronomic Code

Laws of religious observance
  • Against false prophet
    False prophet
    In religion, a false prophet is one who falsely claims the gift of prophecy, or who uses that gift for evil ends. Often, someone who is considered a "true prophet" by some people is simultaneously considered a "false prophet" by others....

    s, at Deuteronomy 13
  • Ordering idolaters to be stoned to death, at Deuteronomy 17:2-7


Laws concerning officials
  • Ordering judges to be appointed in every city, at Deuteronomy 16:18
  • Ordering there to be a supreme central tribunal, at Deuteronomy 17:8-13
  • Restrictions on the king, at Deuteronomy 17:14-20
  • Concerning the rights, and revenue, of the Levites, at Deuteronomy 18:1-8
  • Concerning the future (unspecified) prophet, at Deuteronomy 18:9-22
  • Restrictions on admittance to the priesthood, at Deuteronomy 23:1-8


Military law
  • Concerning behaviour during war, at Deuteronomy 20, and 21:10-14


Criminal law
  • Ordering a ritual atonement by the people for untraced murder, at Deuteronomy 21:1-9
  • Concerning the corpse of a criminal, at Deuteronomy 21:22-23


Civil laws
  • Against the removal of boundary marker
    Boundary marker
    A boundary marker, boundary stone or border stone is a robust physical marker that identifies the start of a land boundary or the change in a boundary, especially a change in a direction of a boundary...

    s, at Deuteronomy 19:14
  • Concerning primogeniture
    Primogeniture
    Primogeniture is the right, by law or custom, of the firstborn to inherit the entire estate, to the exclusion of younger siblings . Historically, the term implied male primogeniture, to the exclusion of females...

    , at Deuteronomy 21:15-17
  • Ordering undutiful sons to be stoned to death, at Deuteronomy 21:18-21
  • Against transvestitism, at Deuteronomy 22:5
  • Prohibiting taking a mother bird at the same time as its nest, at Deuteronomy 22:6-7
  • Ordering roofs to be constructed with parapet
    Parapet
    A parapet is a wall-like barrier at the edge of a roof, terrace, balcony or other structure. Where extending above a roof, it may simply be the portion of an exterior wall that continues above the line of the roof surface, or may be a continuation of a vertical feature beneath the roof such as a...

    s, at Deuteronomy 22:8
  • Prohibiting newly married women from being slandered, at Deuteronomy 22:13-21
  • Concerning escaped slaves, at Deuteronomy 23:15-16
  • Against religious prostitution, at Deuteronomy 23:17-18
  • Concerning the crops of a neighbour, at Deuteronomy 23:24-25
  • Concerning divorce
    Divorce
    Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...

    , at Deuteronomy 24:1-4
  • Against punishing the family of a criminal, at Deuteronomy 24:16
  • Limiting the number of lashes, at Deuteronomy 25:1-3
  • Against muzzling oxen during threshing
    Threshing
    Threshing is the process of loosening the edible part of cereal grain from the scaly, inedible chaff that surrounds it. It is the step in grain preparation after harvesting and before winnowing, which separates the loosened chaff from the grain...

    , at Deuteronomy 25:4
  • Concerning levirate marriage, at Deuteronomy 25:5-10
  • Ordering women to be modest, at Deuteronomy 25:11-12


Ritual
  • The ritual of the firstfruits and of the tithe, including a prayer, at Deuteronomy 26:1-15

Characteristics

It is characteristic of the discourses of the Deuteronomic Code that the writer's aim is throughout parenetic, making passing allusions to history, for example at Deuteronomy 13:4-5, and 24:9, for the sake of the lessons that the writer believes deducible from it. In the treatment of the laws, they are not merely collected, or a series of legal enactments repeated, but developed with reference to the moral and religious purposes which they can subserve, and to the motives from which it is perceived that the Israelite is ought to obey them.

The Deuteronomic Code reflects particular social concerns, more specifically in dealing with the poor and underprivileged. The Deuteronomic Code places special emphasis on the lower class and marginalized. For example, women and children, widows, foreigners and the poor. Deuteronomy 15:12-15 illustrates one example in which a former slave is to receive gifts. The law code seems methodically to provide legal compensation for those who are victimised by the inequities and brutalities that may otherwise inhere in the social system. Duties involving directly the application of a moral principle are especially insisted on, particularly justice, integrity, equity, philanthropy, and generosity; for example insisting on strict impartiality and judges being appointed in every city, as well as insisting that fathers are not to be condemned judicially for the sins of their children, nor vice-versa, in stark contrast to the sins of the father being visited upon the children even unto the tenth generation, as elsewhere. Nevertheless, despite this general philanthropic nature, breaches of the moral code are punished severely: death is the penalty not only for murder, but also for unchastity, and even for disrespectful behaviour by a son.

The style of the Deuteronomic discourses is very marked, being particularly distinct when compared with the style of the rest of the torah. Not only do particular words and expressions, embodying often the writer's characteristic thoughts, recur with remarkable frequency, giving a distinctive colouring to every part of his work, but the long and rolling clauses in which the author expresses himself are a new feature in Hebrew literature. Nowhere else in the Old Testament does there breathe such an atmosphere of generous devotion or of benevolence, neither is there such strong eloquence when duties are elsewhere set forward.

Comparison to other Torah law codes

With the Priestly Code
Priestly Code
The Priestly Code is the name given, by academia, to the body of laws expressed in the Torah which do not form part of the Holiness Code, the Covenant Code, the Ritual Decalogue, or the Ethical Decalogue. The Priestly Code constitutes the majority of Leviticus, as well as some of the laws...

, Deuteronomy is only remotely related, according to textual criticism, and there are certainly no verbal parallels. Some of the institutions and observances codified in the Priestly Code are indeed mentioned, mainly burnt-offerings, peace-offerings, heave-offerings, the distinction between clean and unclean, and rules about leprosy
Leprosy
Leprosy or Hansen's disease is a chronic disease caused by the bacteria Mycobacterium leprae and Mycobacterium lepromatosis. Named after physician Gerhard Armauer Hansen, leprosy is primarily a granulomatous disease of the peripheral nerves and mucosa of the upper respiratory tract; skin lesions...

. However, they are destitute of the central significance with which they are placed in the Priestly Code.

Conversely, the distinction between priests and other Levites, the Levite cities, the jubilee year, the offering of cereal crops, sin-offerings, and Yom Kippur
Yom Kippur
Yom Kippur , also known as Day of Atonement, is the holiest and most solemn day of the year for the Jews. Its central themes are atonement and repentance. Jews traditionally observe this holy day with a 25-hour period of fasting and intensive prayer, often spending most of the day in synagogue...

, which are fundamental institutions in the Priestly code, are not mentioned at all in the Deuteronomic Code. In the laws which do touch common ground, there are frequently large discrepancies, which in some cases are regarded irreconcilable by critical scholarship. In the documentary hypothesis
Documentary hypothesis
The documentary hypothesis , holds that the Pentateuch was derived from originally independent, parallel and complete narratives, which were subsequently combined into the current form by a series of redactors...

, this large variation is explained, by the Code being identified as the work of a group of priests, centred at Shiloh, whom were rival to the Aaron
Aaron
In the Hebrew Bible and the Qur'an, Aaron : Ααρών ), who is often called "'Aaron the Priest"' and once Aaron the Levite , was the older brother of Moses, and a prophet of God. He represented the priestly functions of his tribe, becoming the first High Priest of the Israelites...

id group to whom the Priestly Code is assigned.

Unlike the Priestly Code, with the laws contained in the Holiness Code
Holiness code
The Holiness Code is a term used in biblical criticism to refer to Leviticus 17-26, and is so called due to its highly repeated use of the word Holy. It has no special traditional religious significance and traditional Jews and Christians do not regard it as having any distinction from any other...

, the Deuteronomic Code has some parallels, chiefly moral injunctions. Nevertheless, although in such cases the substance is often similar, the expression is nearly always different, for example the commandment concerning mourning at Deuteronomy 14:1 reflects Leviticus 19:28, and likewise the commandments of mixing kinds, at Leviticus 19:15 is reflected at Deuteronomy 16:19-20, but both occur in quite different phrasing. Thus it can not be said that the legislation of Deuteronomy is in any sense an expansion or development of the Holiness Code itself, although the underlying laws appear to have a greater affinity.

As far as critical scholarship is concerned, the Covenant Code
Covenant Code
The Covenant Code, or alternatively Book of the Covenant, is the name given by academics to a text appearing in the Torah at Exodus - . Biblically, the text is the second of the law codes given to Moses by God at Mount Sinai...

, and the Ritual Decalogue
Ritual Decalogue
The Ritual Decalogue is a list of laws in the Book of Exodus, . These laws are similar to the Covenant Code and are followed by the phrase ten commandments...

 which partially repeats it, can be seen to form the foundation of the Deuteronomic legislation. This is evident partly from the numerous verbal coincidences, whole clauses, and sometimes even an entire law, being repeated verbatim, and partly from the fact that frequently a law in Deuteronomy consists of an expansion, or application to particular cases, of a principle laid down more briefly in the Covenant Code or Ritual Decalogue. This can, for example, be seen in Deuteronomy 16:1-17, concerning the three annual feasts, which are described very basically in the Covenant Code, at Exodus 23:14-17. The civil and social enactments which are new to Deuteronomy make provision chiefly for cases likely to arise in a more highly organised community than is contemplated in the legislation of the Covenant Code, and therefore critical scholarship regards the Deuteronomic Code as a development of the Covenant Code reflecting the increased organisation of society in the time between the two.

Repeatedly and pointedly the older laws of the Covenant Code are restated in Deuteronomy in terms which inescapably suggest the influence of Amos, Hosea and Isaiah. The difference between the two codes may be summarised as further tempering law on behalf of the offender, and providing a still more merciful view with respect to the weak, and powerless. It is a matter of dispute whether the author knew the Covenant Code and Ritual Decalogue as separate works, or after they had been united into JE
JE
JE is a hypothetical intermediate source text of the Torah postulated by the DH. It is a combination and redaction of the Jahwist and Elohist source texts. According to this hypothesis, J was composed c. 950 BC, E was composed c. 850 BC, and the two were combined into JE c. 750 BC. JE was...

, as rather than copying, the laws of the Deuteronomic Code are variously free modification or enlargement of them. Consequently, amongst critical scholarship, some think it to be simply an enlarged edition of the old code, whereas others feel it to have been intended as a replacement.

In the Deuteronomic Code, it is strictly laid down that sacrifice is to be offered at a single central sanctuary. However, in the Tanakh
Tanakh
The Tanakh is a name used in Judaism for the canon of the Hebrew Bible. The Tanakh is also known as the Masoretic Text or the Miqra. The name is an acronym formed from the initial Hebrew letters of the Masoretic Text's three traditional subdivisions: The Torah , Nevi'im and Ketuvim —hence...

, from the Book of Joshua
Book of Joshua
The Book of Joshua is the sixth book in the Hebrew Bible and of the Old Testament. Its 24 chapters tell of the entry of the Israelites into Canaan, their conquest and division of the land under the leadership of Joshua, and of serving God in the land....

 to the Books of Kings
Books of Kings
The Book of Kings presents a narrative history of ancient Israel and Judah from the death of David to the release of his successor Jehoiachin from imprisonment in Babylon, a period of some 400 years...

 (I Kings 6), sacrifices are frequently described as offered in various parts of the land, without any suggestion, by either the characters present in the narrative, or the narrator themselves, that any law, such as that of Deuteronomy, is being broken. Other laws appear to more specifically point to a terminus post quem, after which the code must have been composed. The law concerning the king, and the prohibitions against multiplying horses, multiplying wives, and multiplying silver and gold, at Deuteronomy 17:14-20, appears to be coloured by reminiscences of Solomon
Solomon
Solomon , according to the Book of Kings and the Book of Chronicles, a King of Israel and according to the Talmud one of the 48 prophets, is identified as the son of David, also called Jedidiah in 2 Samuel 12:25, and is described as the third king of the United Monarchy, and the final king before...

 (c. 950 bce), and the forms of idolatry referred to, especially worship of the host of heaven, as described at Deuteronomy 17:3, appear to refer to behaviour during the reign of Ahaz
Ahaz
Ahaz was king of Judah, and the son and successor of Jotham. He is one of the kings mentioned in the genealogy of Jesus in the Gospel of Matthew....

 (c. 730 bce).

Dating and Authorship

It is difficult to date the laws found in the Deuteronomic Code. Many of the laws can be found elsewhere in the Torah, and it is likely the Deuteronomistic author(s) were influenced by such laws. Biblical scholar Michael Coogan notes two examples, the Covenant Code and the Ritual Decalogue found in Exodus 20:22-23:33 and Exodus 34 respectively.

It is remarkable that Amos
Book of Amos
The Book of Amos is a prophetic book of the Hebrew Bible, one of the Twelve Minor Prophets. Amos, an older contemporary of Hosea and Isaiah, was active c. 750 BCE during the reign of Jeroboam II, making the Book of Amos the first biblical prophetic book written. Amos lived in the kingdom of Judah...

 (c. 760 bce), Hosea
Hosea
Hosea was the son of Beeri and a prophet in Israel in the 8th century BC. He is one of the Twelve Prophets of the Jewish Hebrew Bible, also known as the Minor Prophets of the Christian Old Testament. Hosea is often seen as a "prophet of doom", but underneath his message of destruction is a promise...

 (c. 750 bce), and the undisputed portions of Isaiah
Isaiah
Isaiah ; Greek: ', Ēsaïās ; "Yahu is salvation") was a prophet in the 8th-century BC Kingdom of Judah.Jews and Christians consider the Book of Isaiah a part of their Biblical canon; he is the first listed of the neviim akharonim, the later prophets. Many of the New Testament teachings of Jesus...

 (Isaiah 1-39 ["First Isaiah"], c. 700 bce) show no certain traces of any influence from the Deuteronomic Code, or its style, while Jeremiah
Jeremiah
Jeremiah Hebrew:יִרְמְיָה , Modern Hebrew:Yirməyāhū, IPA: jirməˈjaːhu, Tiberian:Yirmĭyahu, Greek:Ἰερεμίας), meaning "Yahweh exalts", or called the "Weeping prophet" was one of the main prophets of the Hebrew Bible...

 exhibits marks of these things on nearly every page, especially in his prose
Prose
Prose is the most typical form of written language, applying ordinary grammatical structure and natural flow of speech rather than rhythmic structure...

. The prophetic teachings, the leading theological ideas, and the principles which the author seeks to inculcate, exhibit many points of contact with that of Jeremiah and Ezekiel, and especially with the characteristic principles of the compiler of the Book of Kings, who must have lived after the events described in that Book, or during the later ones. If the code had been composed between Isaiah and Jeremiah, these facts would be exactly accounted for.

It is for these reasons that the unanimous opinion of modern biblical criticism is that Deuteronomy is not the work of Moses, as is the traditionally held opinion, but that it was, in its main parts, written in the seventh century B.C., during the reign of Josiah. It is not difficult to realize the significance which the book must have had if it were written at this time. It would have formed a great protest against the prevalent tendencies of the age, a century, as Jeremiah readily testifies, in which religious viewpoints, other than that of centralised worship of Yahweh, was making serious encroachments in the Kingdom of Judah
Kingdom of Judah
The Kingdom of Judah was a Jewish state established in the Southern Levant during the Iron Age. It is often referred to as the "Southern Kingdom" to distinguish it from the northern Kingdom of Israel....

, associated with its decline. The Deuteronomic code thus may be described as the prophetic reformulation and adaptation to new needs of an older legislation, essentially the work not of a jurist or statesman, but of a prophet.

It should be noted, though, that traditionalists generally maintain that the Deuteronomic code was, indeed, the work of Moses. As regards the contention that the earlier books do not emphasize the centrality of the Temple worship in Jerusalem, those books primarily discuss the service in the desert Tabernacle. Nevertheless, Leviticus 17 clearly mandates a centralized venue of sacrifice. The similarity to the works of Jeremiah appears to be a result of the renewed interest in Deuteronomy during the reign of King Josiah, but with Jeremiah borrowing from the conventions of Deuteronomy - not the other way around.
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