Thursday, May 29, 2014

Mercy and Justice in the laws of the Old Testament

In chapter 20 we find the basic law, the ten great foundation stones. These are also found in Deuteronomy 5:6-21, Mosiah 13:12-24, Matthew 5:17-37, D&C 42:18-29; 59:5-9 As we study these laws we discover they form the foundation for all proper human conduct. They show us the three great priorities of life. The first four teach us our proper relationship with God, The fifth establishes the importance of family. The last five regulate our relationships with others.

Thou shalt have no other gods before me.
Thou shalt not make unto thee any graven image.
Thou shalt not take the name of the Lord thy God in vain.
Remember the Sabbath day, to keep it holy.
Honor they father and thy mother
Thou shalt not kill
Thou shalt not commit adultery
Thou shalt not steal
Thou shalt not bear false witness
Thou shalt not covet

Basic characteristics of biblical law:
First- The basic principles are declared (The Ten Commandments)
Second- The major portion of the law is case law or how to apply the law in specific circumstances.
Third- The law has a purpose and direction which is the restitution of God’s order.

“The law is primarily negative. Eight of the Ten Commandments and many of the other laws deal with what ought not to be done rather than with what should be done. Many today view negative laws with distaste. They feel they are very restrictive, and they often prefer positive laws which, by assuring our rights, appear to grant freedom. The appearance, however, is false. God gave the laws to Israel not to shackle them but to guarantee the greatest individual freedom.”

 Explaining how this is so, one scholar stated:
“A negative concept of law confers a double benefit: first, it is practical, in that a negative concept of law deals realistically with a particular evil. It states, ‘Thou shalt not steal,’ or, ‘Thou shalt not bear false witness.’ A negative statement thus deals with a particular evil directly and plainly: it prohibits it, makes it illegal. The law thus has a modest function; the law is limited, and therefore the state is limited. The state, as the enforcing agency, is limited to dealing with evil, not controlling all men.
Second, and directly related to this first point, a negative concept of law insures liberty: except for the prohibited areas, all of man’s life is beyond the law, and the law is of necessity indifferent to it. If the commandment says, ‘Thou shalt not steal,’ it means that the law can only govern theft: it cannot govern or control honestly acquired property. When the law prohibits blasphemy and false witness, it guarantees that all other forms of speech have their liberty. The negativity of the law is the preservation of the positive life and freedom of man.” (Rushdoony, Institutes of Biblical Law, pp. 101–2.)
Remember that in God’s preface to the Ten Commandments He said, “I am the Lord thy God, which have brought thee out of the land of Egypt, out of the house of bondage” (Exodus 20:2; emphasis added). In saying this, Jehovah reminded Israel that the very purpose of the law was to make them free and keep them free."(Old Testament Student Manual)

Comparison to New Testament law:
Abinadi said that the law (Mosaic) was “a very strict law” of “performances and of ordinances” given because Israel was a “stiffnecked people” (Mosiah 13:29–30). In the law of Christ, a general principle such as “whatsoever ye would that men should do to you, do ye even so to them” (Matthew 7:12) covered situations similar to those mentioned in Exodus 21. But in the higher law of the gospel specific additional commandments were not required. Under the law of Christ a person does not have to be told to guard against negligence or to make restitution for accidental loss. He will do it because he loves his neighbor. The law of Moses specified how the law was lived in daily, practical situations, but it still taught the law of Christ.

Lets look at some specifics:
·         Exodus 21:22-25
“If men strive, and hurt a woman with child, so that her fruit depart from her, and yet no mischief (death) follow: he shall be surely punished, according as the woman’s husband will lay upon him; and he shall pay as the judges determine. And if any mischief follow, then thou shalt give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe.
The basic law is “Thou shalt not kill”
“Certain crimes were so serious that they required the death penalty. This fact clearly shows, first, the seriousness of murder, and, second, that the death penalty, when carried out by legally constituted authority, is not a violation of the sixth commandment.”
As we read these verses it is a case of accidental abortion and helps us realize the seriousness of abortion.
“If an abortion caused by accident was to be punished severely, one can assume that deliberate abortion without justifiable cause was far more serious.”
By this we can see the value of life and especially the life of an innocent child. To see the churches official position on abortion follow this link: http://www.mormonnewsroom.org/official-statement/abortion

·         Exodus 21:26-27
26 And if a man smite the eye of his servant, or the eye of his maid, that it perish; he shall let him go free for his eye’s sake.
27 And if he smite out his manservant’s tooth, or his maidservant’s tooth; he shall let him go free for his tooth’s sake.
The basic law is “Thou shalt not steal”
This example of case law teaches us the principle that one can steal through negligence or accident. It is an example of stealing the physical wholeness from another. It shows how restitution is to be made. The law of Moses is not a law of retaliation, but a law of reparation.
If we translate this to the law of Christ, we will feel a responsibility to those we have harmed by accident. We will restore them in whatever way we can.

We see similar examples of this same principle in the following verses.
·         Exodus 21:28-32
28 If an ox gore a man or a woman, that they die: then the ox shall be surely stoned, and his flesh shall not be eaten; but the owner of the ox shall be quit.
 29 But if the ox were wont to push with his horn in time past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman; the ox shall be stoned, and his owner also shall be put to death.
 30 If there be laid on him a sum of money, then he shall give for the ransom of his life whatsoever is laid upon him.
 31 Whether he have gored a son, or have gored a daughter, according to this judgment shall it be done unto him.
 32 If the ox shall push a manservant or a maidservant; he shall give unto their master thirty shekels of silver, and the ox shall be stoned.
Most of us don’t have oxen any more, but to keep in the spirit of animals and translate this to a potential situation today. Let’s say we have a dog. If our dog viciously attacks someone, the dog should be put down. If we knew our dog was capable of this and maybe has even done it in the past, then not only is the dog responsible, but we are also responsible.

These next verses address property that is put in the care of another. “The law was concerned with making restitution to the offended parties. The ratio of restitution is established. Multiple restitution rests on a principle of justice. Restitution must calculate not only the present and future value of a thing stolen, but also the specialized skills involved in its replacement.”
If we consider criminal law now, there is very little of the principle of restitution. We must file a civil suit to recover any damages.
·         Exodus 22:7-13
“If a man shall deliver unto his neighbour money or stuff to keep, and it be stolen out of the man’s house; if the thief be found, let him pay double. If the thief be not found, then the master of the house shall be brought unto the judges, to see whether he have put his hand unto his neighbour’s goods. For all manner of trespass, whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing, which another challengeth to be his, the cause of both parties shall come before the judges; and whom the judges shall condemn, he shall pay double unto his neighbour. If a man deliver unto his neighbour an ass, or an ox, or a sheep, or any beast, to keep; and it die, or be hurt, or driven away, no man seeing it: Then shall an oath of the LORD be between them both, that he hath not put his hand unto his neighbour’s goods; and the owner of it shall accept thereof, and he shall not make it good. And if it be stolen from him, he shall make restitution unto the owner thereof. If it be torn in pieces, then let him bring it for witness, and he shall not make good that which was torn.

In these verses responsibility is determined for goods held in custody. It might be embezzled or lost through neglect. There also needed to be protection for the person holding the property if the property suffered damage or disappeared without fault. Embezzlement was punished by paying double. If it was a doubtful cause, the trustee was allowed to clear himself by an oath. A clear case was determined by evidence or proof that it happened through unavoidable accident.
If we use this as an example of living Christ like, we will be willing to restore double for those things that happened by our neglect or intentional embezzlement. If we have put our property in the trust of another and something happens to it, if there is any doubt we need to let it go and not continue to blame the other for the loss of our property.

As we consider these next verses, we see how important it is to the Lord that we care for each other.
Caring for widows and the fatherless is so important that the Lord lists afflicting them as one of the crimes worthy of death. Restitution for afflicting them in any way can only be made by one’s own life and the Lord reserves that right to Himself.
In living a Christ like life, we will go out of our way to help the widows and the fatherless.
·         Exodus 22:22-24
22 ¶Ye shall not afflict any widow, or fatherless child.
 23 If thou afflict them in any wise, and they cry at all unto me, I will surely hear their cry;
 24 And my wrath shall wax hot, and I will kill you with the sword; and your wives shall be widows, and your children fatherless.

How do we treat those who would make us their enemies? We would help them and treat them with respect as we should do to all.
·         Exodus 23:4-7
4 If thou meet thine enemy’s ox or his ass going astray, thou shalt surely bring it back to him again.
 5 If thou see the ass of him that hateth thee lying under his burden, and wouldest forbear to help him, thou shalt surely help with him.
 6 Thou shalt not wrest the judgment of thy poor in his cause.
 7 Keep thee far from a false matter; and the innocent and righteous slay thou not: for I will not justify the wicked.

The Mosaic Law is not a law of retaliation but of restitution. It is a law requiring a high degree of morality, justice, and righteousness, and requirements to do good to one’s neighbor.

In Galatians 3:24 we read:
Wherefore the law was our schoolmaster to bring us unto Christ, that we might be justified by faith.”

As we study the Mosiac law written in the Old Testament, we need to look how the principles brought out help us learn to be more Christ like. They take the basic laws of the Ten Commandments and teach us how to apply them to our lives. As we do, we will find the freedom and feel the love because that is what our loving Heavenly Father wants for us and His purpose in giving us these laws. They school us and train us to be more faithful and bring us freedom and joy.

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