Relation and Significance of the Homicide Law in Exodus 21:12-14 on the Law of Hammurabi 207

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· 저자명 : 곽은성

초록

Since Friedrich Delitzsch delivered his landmark lecture “Babel und Bibel,” scholars have compared the linguistic and cultural aspects between Hebrew scriptures and Near Eastern literature to demonstrate their similarities or differences and to figure out the relationship between them. The discovery of the Laws of Hammurabi (LH) in 1901 has led scholars to endeavor to find a relationship between LH and the Covenant Code (CC). In this context, this paper aims to investigate the dependency in the relationship between both codes, especially focusing on the homicide law in Exodus 21:12-14 and LH 207; and to consider the claim that the homicide law in CC is directly dependent on LH.
I, first, observe similarities and differences in the homicide law of LH 207 and Ex 21:12-14. Second, by comparing other homicide laws in the Ancient Near East (ANE), I show that several resemblances between Ex 21:12-14 and other ANE homicide laws exist. In this regard, the commonalities between CC and LH could be understood as a result of the common cultural tradition in the ANE rather than of the direct dependence of CC on LH. Third, focusing on the differences between the codes, I present the unique thought of ancient Israel, which does not have a parallel with ANE (or LH) thoughts and materials. The major difference between CC and ANE laws is in offering a place (מקום) where the unintentional manslayer could flee for protection. Through understanding other biblical laws in Nm 35 and Dt 19, this uniqueness of CC homicide law is due to the fact that ancient Israel’s homicide laws have a distinctive emphasis on blood. In accordance with the existence of a common legal tradition in the ANE and the unique thought of ancient Israel, I argue that the homicide law in CC cannot be evidence of the direct dependency of CC on LH. I also demonstrate that only the biblical laws have a unique understanding and integration of blood in their homicide law, which was established based on the relationship with the LORD.

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