Wednesday, August 2, 2023

Seder 154: Deuteronomy 23:21-24:18---Justice in Contracts and Loans

 Several of the cases in Dt 23:21-24:18 are about righteousness in matters of promises and contracts.  For example, verses 21-23 of Deuteronomy 23 are about keeping one's word in formal promises made to God.

Deuteronomy 24:1-4 describes a situation where a woman has been divorced a husband and then remarries.  If that second marriage ends, the first husband is prohibited from remarrying the woman.  This case is meant to protect the woman from mistreatment by the first husband.  

This case is best known to Christians from the questions it raised later about what ground for divorce is being referred to in verse 1.  What is the "matter of indecency" mentioned there?  In Jesus' day the two main schools of Pharisees disagreed on how to interpret this verse.  The House of Shammai felt that only sexual immorality was in view here, while the House of Hillel believed that divorce was all right for "any cause."  Jesus was asked for his view, and he basically came down on the side of Shammai.  

A number of the cases in Deuteronomy 24 are about making sure not to take undue advantage of vulnerable members of society.  People in need should not be forced to give up something vital as collateral for a loan, for example (v 6).  Workers should be paid promptly (vv 14-15).  Widowsm orphans, and strangers should not be exploited (vv 17-18).

One principle that raises questions is Deuteronomy 24:16:  "Fathers shall not be put to death because of their children, nor shall children be put to death because of their fathers.  Each one shall be put to death for his own sin."  This is another place where the Torah differs from some other Ancient Near Eastern law codes.  For example, Hammurabi's Code includes this provision:  "If a citizen strike the wife of another citizen .... if the woman dies, they shall execute that man's daughter."  

One may ask about the relationship between Dt 24:16 and Exodus 34:7, which describes God as "visiting the iniquity of the fathers on the children and the children's children, to the third and fourth generation." This latter passage is not saying that God will punish people's descendants for sins of their parents that they are not committing.  Rather, as commentator Douglas Stuart explains, "it describes God's just punishment of a given type of sin in each new generation as that sin continues to be repeated down through the generations."  Current sins do tend to affect future generations.  

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