Daily Archives: 2017-09-07 23:31:08 UTC

Comparing Biblical Laws on Marriage, Inheritance and Sexual Relations with Other Ancient Codes

As per the previous posts, the table here is a simplified summary of some of the points Russell Gmirkin discusses in Plato and the Creation of the Hebrew Bible. It is far from being a complete representation of his discussion. It is best read as an easy reference guide in conjunction with the detail covered in the book. The table is only a starting guide: it will be expanded and modified as the details of laws are further explored. I expect to do a few more similar tables for other types of laws. (Still putting on hold the discussion of the final chapter of Plato and the Creation of the Hebrew Bible as I backtrack to sections I covered too briefly earlier or inadvertently omitted altogether.)

ANE = Ancient Near Eastern laws

Greece/Plato = Laws as implemented in Athens and/or Laws presented as ideals by Plato in Laws

MARRIAGE & INHERITANCE Bible ANE Greece/Plato
Two wives permitted X*
Bride-price custom (groom paid the father of bride) X
Dowry custom (bride had property from father, managed by her husband)
State cared for widows and orphans without near kin X
Bride could be won by heroic deeds (in myth and legend) X
Heiresses (where there are no sons to inherit) X
Levirate marriage (deceased husband’s next of kin to marry widow) X
!
PERMISSIBLE SEXUAL RELATIONS (Some acts tolerated though frowned upon)  Bible  ANE Greece/Plato 
With spouse
Husband with his concubine or servant/slave girl
Man with prostitutes
Man with companion (hetaira) X X
Married woman or betrothed virgin, with husband
Foreign women permitted to be prostitutes
Temple prostitution X  ?  
!
 PROHIBITED SEXUAL RELATIONS Bible ANE Greece/Plato
Consensual male homosexuality X X/
—- Penalty: death    /X
Homosexual rape and/or seduction/rape of minors     ✓
Bestiality
—- Penalty for bestiality: death   X/^
Cross-dressing X^^ X^^
Incest and other inter-familial relations
Prostitution of priest’s daughter, death by burning
Prostitution by native free woman and men X
—- Penalty for being prostitute, “cut off from people” / loss of civic rights    X  
Adultery, meaning sex with another man’s wife
Caught in the act, death # #
Suspicion of wife, wife to undergo Trial by Ordeal X 
Other extra-marital sex
— If consensual with another’s betrothed virgin still living with father pending marriage
—- Death penalty for both parties above  X
— If in city (or house), and girl/married woman did not cry for help    
—- Both were stoned  
— If in country, assumed girl/married woman was raped  
—- and the man was executed
— If the girl was not betrothed,    
—- man had to pay bride price and marry her and never divorce    @
— If the betrothed virgin was a slave,  
—- she was scourged and man had to offer trespass offering of a ram  X@@
Other Penalties
—- Parent could slay a pregnant daughter whose seducer was unknown X%
—- Adulteresses subject to public shaming  
— False accusation that bride was not a virgin – financial penalty to father  
— True accusation that bride was not a virgin – the bride was stoned for prostituting herself in father’s house

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* 4i3 BCE Athenian assembly voted to allow men to have concubines for legitimate children (to compensate for war losses)

Hittites ruled sexual acts with some animals was capital crime; otherwise, disqualified from priesthood or palace service
^^ Transvestites had special positions in temples or religious rituals

Husband permitted but not obligated to kill the adulterer

@ Man agreed to marry the daughter or give her a dowry
@@ Man paid financial penalty

% Father or brothers could sell the girl into prostitution

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Biblical assault and theft laws compared with Mesopotamian and Greek counterparts

As per the previous post, the table here is a simplified summary of some of the points Russell Gmirkin discusses in Plato and the Creation of the Hebrew Bible. It is far from being a complete representation of his discussion. It is best read as an easy reference guide in conjunction with the detail covered in the book. The table is only a starting guide: it will be expanded and modified as the details of laws are further explored. I expect to do a few more similar tables for other types of laws. (Still putting on hold the discussion of the final chapter of Plato and the Creation of the Hebrew Bible as I backtrack to sections I covered too briefly earlier or inadvertently omitted altogether.)

I have added more illustrative and explanatory notes at the end of the table this time.

ANE = Ancient Near Eastern laws

Greece/Plato = Laws as implemented in Athens and/or Laws presented as ideals by Plato in Laws

ASSAULT Bible ANE Greece/Plato
1. General principle: lex talionis (eye for an eye) X
2. Compensate loss of income and medical expenses *
3. Assault on parent punished by amputation of hand X X
4. Assault on parent punished by death X **
5. Maiming a slave entitles the slave to freedom X
6. Class based penalties:
–greater penalties for commoners against nobles;
–lesser penalties for nobles against commoners
X X***
7. Lesser (or no) punishments for assaults on slaves
!
 WHEN MEN FIGHT (with a woman nearby)….  Bible  ANE Greece/Plato 
And one injures a pregnant woman:
— Money compensation for loss of fetus
 
And one injures a pregnant woman so that she later dies:
— Execution of the man
And a woman grabs/crushes the testicles of one to assist the other:
— Cut off her hand or finger
 
 !
THEFT Bible ANE Greece/Plato
Thieves breaking into a house at night to be slain ^  ^
Highwayman — death penalty
“Normal” daylight theft — financial penalties
Kidnapping — death penalty
Temple theft — death penalty
Public property theft — death penalty
Stealing from a house on fire — get thrown into the fire ^^
All property theft — only financial penalties, no death penalty ^^^ X X

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* financial compensation for damages if unintentional or double the amount if willful
** Death was a maximum penalty but judges were to decide if it was warranted in each case
*** Greek laws in fact reversed the principle; hubris, the crime of humiliating another person to aggrandize oneself was worthy of death

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the house owner himself was free to kill the thief
^^ this appears to me to be an obvious example of a theoretical or literary law; one presumes the fire would have burnt itself out by the time the trial was held.
^^^ See below

Illustrative and explanatory notes follow….. read more »