The Old Testament and Christian limited areas of life, Jews believe that God
revealed two laws to Moses on Mount Sinai – a
ethics written law and an oral law. The former is found in the Jewish scriptures, and pre-eminently in the Old Testament or Jewish/Hebrew first five books (the Torah). The second was Bible? passed down by word of mouth from Moses to Joshua to the prophets, and eventually to the In the past thirty years there has been a move in rabbis of the era after the fall of Jerusalem in 70 British and North American scholarship to use the CE, who began to write it down in the Mishnah term ‘Hebrew Bible’ (less often, ‘Jewish Bible’ or (early third century CE), the Tosephta (fourth ‘Jewish scriptures’) in place of ‘Old Testament’. century CE), and the Babylonian and Jerusalem The question affects ethics, as will be shown Talmuds (fourth to ninth centuries CE).2 This shortly. The reason for the move has been a wish leads to the second implication, which is that to be sensitive to Judaism, and to avoid the there has been, and continues to be, a process of impression, undoubtedly created in many legal and scriptural interpretation within Judaism people’s minds by the term ‘Old Testament’, that designed to discover God’s will for every detail of the books designated by this name are inferior to daily life. Further, although there have been, and or superseded by those known as the New continue to be, great authorities on how to Testament. In addition, there has been the feeling interpret the laws, the field is not occupied merely in some quarters that the Christian term ‘Old by experts. In orthodox Judaism, all devout Testament’ is inappropriate in academia. It is believers are students of the laws, and have easier to be sympathetic to the reasons for the devoted many hours of their lives to studying not move than to feel that the underlying problem has only the scriptures but the dozens of volumes that been satisfactorily dealt with. The terms ‘Jewish contain the oral law. Within Christianity a quite Bible’ and ‘Jewish scriptures’ most naturally refer different path was taken; and it is clear that the to texts held sacred by and used distinctively question of the extent to which Christians, and in within Judaism. They are legitimate designations particular Christians who were not Jews, should in that context. ‘Hebrew Bible’ is more obey the laws of the Old Testament deeply problematic, because, on analogy with ‘English divided the early church and left its mark on the Bible’, it most naturally refers to the Bible in New Testament. The matter was made more Hebrew, although few students who take courses difficult by the fact that church and synagogue in the ‘Hebrew Bible’ in universities and colleges congregations were often rivals in areas such as actually read it in that language. There is the Syria and Asia Minor. The letters of Paul indicate further problem that ‘Hebrew Bible’ and ‘Old that there were conflicts between those who Testament’ are not synonymous. For the majority believed that Christ’s death and resurrection had of Christians for most of the history of the church, ‘fulfilled’ the law and removed from Christians the ‘Old Testament’ has not only designated the obligation of strict observance of it, and twenty-four books of the Bible in Hebrew, but has ‘Judaisers’ in the church, who took strict also included the thirteen to sixteen books that observance to be part of Christian discipleship. Protestants call the Apocrypha, but which are The Pauline party came out on top, and in the scripture for the Roman Catholic and Orthodox Acts of the Apostles, a book representing the churches.1 A partial compromise would be for Pauline viewpoint, a ‘Council of Jerusalem’ is ‘Jewish Bible/scriptures’ to be used in the context described, which decided that non-Jewish of Judaism and ‘Old Testament’ in the context of Christians should observe only the following Old Christianity. The matter is particularly relevant for Testament laws: to abstain from eating meat that ethics, because the two faiths have developed had been sacrificed to idols (not an explicitly Old markedly different approaches to using the texts Testament law but an interpretation of the that they have in common in their scriptures. In prohibition of idolatry in the Ten Commandments), Judaism the scriptures reveal God’s explicit to avoid blood (i.e. to eat only ‘kosher’ meat) and guidance for the regulation of every facet of the to avoid unchastity (Acts 15:1–29, especially vv. daily life of the faithful believer. This belief has 28–9). Whether or not there was a Council of two implications. First, because the laws actually Jerusalem, the point is that Acts 15 expresses a contained in the scriptures deal with only very view about Christian obligation that was held in at least some Pauline churches.3 As this chapter will modern readers that David can be held up as a indicate later, this ‘minimalist’ view of Christian moral example in the ways that the Old obligation to the Old Testament laws contrasts Testament does. Indeed, one of the factors that sharply with some Reformation and modern led to the rise of modern critical study of the Bible reformed views that as much of the Old was the refusal of scholars to go on justifying the Testament as possible should be legislated upon questionable moral behaviour of Old Testament contemporary societies. Problems of the moral characters. This is not the only problem, however. content of the Old Testament Popular Some of the actual laws contained in the Old misconceptions about the Old Testament, such Testament are illegal in modern society. For as that its God is a God of wrath, spill over into its example, the death penalty is prescribed not only moral tone, with passages being cited such as for homicide (Exodus 21:12) but also for striking those about dashing the heads of babies against one’s father or mother, stealing a man (i.e. rocks (Psalm 137:9) or the demand of ‘an eye for depriving him of his freedom), cursing one’s an eye’ (Exodus 21:24). There is no denying that parents, sacrificing to any god other than the God the Old Testament contains material that is of Israel and apostasy (Exodus 21:15–17, 22:20; offensive to modern readers, and that some of its Deuteronomy 13:6–11). Also to be put to death leading characters behave in ways that are illegal are a stubborn and rebellious son, a woman as well as offensive in a modern society. For found not to be a virgin on her first night of example, Jacob (Genesis 29:21–30) and Elkanah marriage, a man and woman caught in the act of (the father of Samuel: 1 Samuel 1:2) have two adultery, a man and woman who commit incest, wives, a reminder that ancient Israelite society and a man who has intercourse with a male as was polygamous. Joshua, at God’s command, with a woman (Deuteronomy 21:18–21, 22:13– kills the entire population of conquered towns 21, 22–4; Leviticus 20:11–13) [see Chapter 19]. (Joshua 6:21), something that would be regarded There is evidence that the death penalty was not as a war crime today. David commits adultery being enforced in Judaism for at least some of with the wife of one of his soldiers who is away these offences by the end of the first century fighting, and then arranges for the man to be CE;5 but one of the implications of the presence killed in battle when it is discovered that he has of laws such as those listed immediately above is made the woman pregnant (2 Samuel 11). David that any use of the Old Testament in ethics that does not go uncensored (see 2 Samuel 12:1–15), simply quotes a passage and seeks to apply it yet he is described elsewhere as a man after directly to modern society must confine itself to God’s own heart (1 Samuel 13:14) and as one those laws that are not yet illegal in modern whose heart was wholly true to God (1 Kings society, and must explain why these laws 15:3). For much of Christian history, these and continue to be applicable today when others are other difficulties were explained and justified in so much at odds with modern ethical sensitivity. various ways. The inhabitants of cities destroyed How the Old Testament has been used in by Joshua were said to be wicked people who Christian ethics One striking feature of the New deserved to be punished; and in any case, if God Testament is how little reference it makes to the commanded something it must be right – not, Old Testament in regard to conduct and incidentally, the view of the author of Genesis morality.6 Jesus is presented as someone who 18:22–33, who argued that God must act in rejects the common interpretation of the law accordance with what is just.4 The actions of about not working on the sabbath (Mark 2:23–8, David were justified on the basis of the distinction 3:1–6) and who radicalises the law in such a way between what he did in his official capacity as a that it can hardly be observed (for example king, where he was blameless, and what he did Matthew 5:27: ‘every one who looks at a woman as a private individual, where he was morally lustfully has already committed adultery with her culpable. Although this is not an arbitrary in his heart’). Paul summarises some of the Ten distinction – an army officer acting in accordance Commandments and ‘any other commandment’ with proper ‘rules of engagement’ will not be held under the heading of loving one’s neighbour guilty of murder if he orders his men to shoot at (Romans 13:8–10). It is also arguable that in an enemy, whereas a civilian who tells an sending back the slave Onesimus to his master accomplice to shoot a member of the public will Philemon (if this is what the letter to Philemon is be accused of murder – it is unlikely to convince about), Paul is ignoring the stipulation in Deuteronomy 23:15–16 that ‘you shall not give up laws that were moral from those that were to his master a slave who has escaped from his ceremonial and judicial. The moral laws contained master to you’. The absence of reference to the the obligations of natural law, and were therefore Old Testament law continues with the texts known binding upon all humans. The ceremonial and as the Apostolic Fathers. The Didache, which judicial laws were applications of natural law aims to guide its readers in the way of directed to the specific circumstances of ancient righteousness, has hardly any reference to the Israel. In the form that they took in the Old Old Testament, while The Shepherd of Hermes, Testament they were not, therefore, universally which sets out twelve commandments for binding. Indeed, even the supreme expressions of Christian living, has only one commandment that the moral law in the Ten Commandments, could be derived from the Old Testament: that on immutable as they were, needed to be interpreted divorce. However, the author of The Shepherd is in order to be applied; and it was permissible for probably dependent on Matthew’s gospel in this the sabbath law to be broken if one was acting in instance. The Epistle of Barnabas explicitly the interests of human welfare.7 The distinction rejects the Old Testament sacrificial system, between moral laws, and ceremonial and judicial quoting Isaiah 1:11–14 and Jeremiah 7:22 (or civil) laws, was taken up with the Reformation, (famous prophetic critiques of sacrifice) in support and stated, for example, in the seventh of the (Barnabas 2:5–6). It spiritualises ordinances such Thirty-Nine Articles of Religion of the Church of as those about clean and unclean foods (these England. The article states that, of the ‘Law given laws actually refer to different types of person from God by Moses’, those parts ‘touching whose company should be avoided), and it Ceremonies and Rites, do not bind Christian men, declares that Old Testament laws about the nor the Civil precepts thereof ought of necessity sabbath are not be taken literally by Christians to be received in any commonwealth’. Only the (Barnabas 10:1–9, 15:1–9). When the Old moral commandments were necessarily binding. Testament begins to be taken more seriously, it is However, it was not always easy to decide which on the basis of a kind of dispensationalism. The commandments were moral and which were Apostolical Constitutions (probably dating from ceremonial and civil. The main reformers, Luther, the fourth century and compiled in Syria) Calvin and Tyndale, apparently took the view that distinguishes between laws given before the the sabbath commandment was ceremonial and incident of the Golden Calf and those given after therefore not binding upon Christians. In the view it (Exodus 32; see Apostolical Constitutions of Calvin and Tyndale it was up to a local VI.19–30). The laws and sacrifices prescribed congregation or community to decide which day after the Golden Calf incident are designed to should be the Lord’s Day (it did not have to be correct Israel’s apostasy and are not binding on Sunday), while Luther objected to any Christians. The laws given prior to this incident ecclesiastical authority that declared a day such include the Ten Commandments (which become as Sunday to be holy, and he regarded such a increasingly important for the church) and laws of declaration as an affront to Christian liberty.8 If it which many begin with the word ‘If’. These laws is a surprise that such radical attitudes to the Old must be taken seriously by Christians; but they Testament law should have been followed, in are not necessarily prescriptions. For example, certain areas of Protestantism, by the Exodus 20:24 does not say ‘Make an altar of development of strict sabbatarianism, the reason earth’; it says ‘If you make an altar, make it of is that some strands of the Reformation believed earth.’ Sophistication in handling the Old that as much of the Old Testament as possible Testament is increasingly evident as it wins back should be legislated upon Christian nations. the ground that it appears to have lost, at any rate Representative of this view is Martin Bucer’s De in moral issues, in the early church. Aquinas was regno Christi (On the kingdom of Christ), written influenced by the Jewish scholar Maimonides’ shortly before Bucer’s death in 1551 and masterpiece The Guide of the Perplexed (c. dedicated to Edward VI of England. Bucer 1190) and by its argument that the Old Testament accepted that Christians were not bound by the laws could be defended rationally as instruments civil and ceremonial laws of Moses; but he also designed to keep the Israelites from paganism argued that since there can be no laws more and to promote their physical health. Like others honorable, righteous, and wholesome than those before him, Aquinas distinguished Old Testament which God, himself, who is eternal wisdom and goodness, enacted, if only they are applied under the same time, he argues that God’s will as God’s judgement to our own affairs and activities, revealed in the Old Testament for all sexual I do not see why Christians, in matters which relationships is monogamous heterosexual pertain to their own doings should not follow the marriage (Genesis 2:24) in spite of the evidence laws of God more than those of any men.9 In that Old Testament society was polygamous. practice this meant that the king, like David, Kaiser’s book is a scholarly attempt to defend Solomon, Asa, Hezekiah, Josiah and Nehemiah, ‘biblical principles’ against modern secular should regulate the life and attitudes of the people attitudes, yet it acknowledges the force of modern through education, decrees and the secular attitudes by conceding that Old administration of justice. Bucer advocated the Testament morality has to be defended against death penalty for blasphemy, violation of the the charge of immorality. A quite different sabbath, adultery, rape and certain types of false ‘conservative’ approach is that of Christopher testimony. Examples of the differing ways in Wright, whose work is characterised and to some which the Old Testament has been used in ethics extent shaped by awareness of the history of how could be multiplied. Although they do not the Old Testament has been used in ethics.12 necessarily inform us about how the Old Wright argues that Israel is God’s paradigm of Testament can or should be used today, they what a nation ought to be. This enables him to indicate that there has been a good deal of take full account of the historical and cultural variation and of hermeneutical sophistication in conditions in which ancient Israel existed, and to such use. Anyone who gives the impression that contrast Israel with its neighbours so as to point to use the Old Testament simply involves taking a out striking differences that ultimately indicate the passage and applying it straightforwardly to moral character of God. The application of Old today’s world, and that this procedure upholds Testament laws is seen as a sophisticated biblical principles, is flying in the face of history. process in which laws must be understood in their Contemporary uses of the Old Testament in Old Testament context so that their primary Christian ethics Contemporary uses can broadly objective can be discerned. Once this has been be divided into ‘conservative’ and ‘liberal’ found, it needs to be reformulated in terms of approaches, with considerable diversity within modern circumstances, also taking into account each division. Walter C. Kaiser’s Toward Old the fact that, in ancient Israel as well as in Testament Ethics is a learned attempt to defend modern society, moral decisions were not and are the moral integrity of the Old Testament and to not made in neutral circumstances, but in advocate the view that its commandments are the circumstances where the choice will be between revealed will of God.10 Thus he tackles head-on two evils. Wright asks, when interpreting and the moral deficiencies of some Old Testament applying an Old Testament law, ‘What is the characters and laws that were pointed out in balance of creation ideals and fallen realities, of ‘Problems of the moral content’ above, and seeks justice and compassion, in this law?’13 Two to blunt the criticism that these deficiencies aspects of Wright’s work are problematical. First, provoke. He uses, for example, the distinction as a ‘conservative’ scholar he accords a much between people acting in their capacity as office- higher literal historical value to the Old Testament holders, and people acting as private individuals. than most critical scholars would. Second, in his His particular view of the Bible and of God leads reconstructions of Israel as a paradigm in contrast him to conclude that, in some cases, our to Canaanite society, he is too dependent on conviction that some of God’s commands are Norman Gottwald’s pioneering work in The Tribes immoral rests upon ‘a deficiency in our view of of Yahweh.14 Few scholars would now accept things and our ability to properly define terms or that it is possible to know anything about ancient grasp the whole of the subject’.11 Kaiser Israel in the period from 1250 BCE to 1050 BCE. recognises that Old Testament laws cannot On the other hand, Wright’s general position is necessarily be plucked from their context and similar to that of scholars who approach Old applied directly to today’s world, and he sets out Testament ethics and their application to today’s some ‘principles for moral interpretation of the Old world from ‘liberal’ historical-critical standpoints. Testament’, which are ways of getting at universal This position sees the value of the Old Testament moral statements behind Old Testament laws that in terms of example rather than precept. It holds are situated in Hebrew language and culture. At that within the Old Testament there are attempts to define and legislate compassion toward the Old Testament can best contribute to Christian poor and the oppressed, as well as toward the ethics by example rather than precept – that is, by environment and the non-human inhabitants of challenging modern society to imitate its the earth. These attempts cannot be directly principles in ways appropriate to today’s world – applied to today’s industrialised world, since they three factors can be dealt with satisfactorily. First deal with the problems of a society based upon is the fact that the laws of the Old Testament subsistence agriculture; but they stress the cover only very limited areas of everyday life even importance of justice and solidarity, including in the context of ancient Israel. It was pointed out solidarity with the natural environment, and are a at the beginning of this chapter that orthodox challenge to today’s world to work out these Jews believe in an oral law that supplements the values under modern conditions. A notable written law, and Roman Catholic moral theology example of an historical-critical presentation of has traditionally appealed to ‘natural law’ in order this position is in Eckart Otto’s Theologische Ethik to supplement what is contained in the Bible. Any des Alten Testaments, which concentrates on use of the Old Testament in terms of precepts – major collections of laws in the Old Testament, that is, applying Old Testament laws directly to such as the Book of the Covenant (Exodus 21:1– modern society – is going to find itself restricted 23:19) and Deuteronomy 12–26.15 Otto sees by the limited coverage of the Old Testament these collections as attempts to bring originally itself. Second, this restriction will be further limited secular moral precepts into the realm of Israel’s by the fact that many Old Testament laws are religion, so that they express, and are used to put either illegal or unacceptable in a modern society. into practice, God’s solidarity with humankind, The ‘precept’ approach limits itself in practice to and especially with the poor and oppressed. the area of human sexuality and the family. The Working along similar lines, I have drawn ‘example’ approach, fully recognising the attention to the presence in the Old Testament of particularity and situatedness of many Old ‘imperatives of redemption’ and ‘structures of Testament laws, can address far wider areas of grace’.16 Imperatives of redemption are motive modern life, including matters of justice, the clauses: that is, statements that give the reason economy and the environment. Third, the why God commands certain things. A frequently ‘example’ approach recognises fully that morality found motive clause is ‘you shall remember that and ethics are of concern to secular as well as you were slaves in the land of Egypt, and the religious interests. To the extent that some Old Lord your God redeemed you; therefore I Testament laws have close parallels with, for command you this today’ (Deuteronomy 15:15). It example, the much older laws of Hammurabi, it is an imperative of redemption because it refers can be said that the Old Testament to God’s freeing of Israel from slavery in Egypt. In acknowledges and draws upon a ‘natural turn, this action has certain implications for Old morality’.17 If contemporary Christian ethicists are Testament morality. God did not liberate a people to devise ‘structures of grace’, they will need the so that they could enslave or oppress each other. help and expertise of modern ‘secular’ experts in This leads to the enjoining of the ‘structures of the fields of law and sociology. Yet the ‘example’ grace’, which are administrative and practical approach maintains that religion has a part to play arrangements designed to introduce in the shared religious and non-religious graciousness and compassion into the details of enterprise of morality and ethics by providing everyday life. In Deuteronomy 15:13–14 there is a prophetic insights that can shape morality and ‘structure of grace’ in the form of a command that deepen sensitivity. Further considerations The a released slave should receive from his master Old Testament contains a good deal of evidence generous gifts of animals, grain and wine. The of moral debate that went on in ancient Israel. If implication is that these will enable him to start life this is noticed, the view that the Old Testament is as a free man with better prospects of avoiding primarily a source of commandments in the form future slavery than if he were merely released ‘thou shalt not’ will be considerably modified. penniless. Another ‘structure of grace’, in Exodus Second, recent developments in ethics and in 23:12, makes the main beneficiaries of the particular the discourse or communicative ethics command that no work should be done on the of Jürgen Habermas and his followers can shed sabbath the domesticated ox and ass, and the new light on moral discourse in the Old slaves of a household. If it is accepted that the Testament.18 Three stories about an ancestor (Abra(ha)m twice and Isaac once) saying that his oppressed for whom there is no help against their wife is in fact his sister (Genesis 12:10–20, 20:1– oppressors (Ecclesisastes 4:1), there is 18, 26:6–11) raise the question whether it is wickedness in the place where justice should be legitimate to deceive people in order to secure a administered (3:16), there are people who more important end. In these stories, the purpose accumulate wealth and honour but who do not of the deceit is to save the life of a male ancestor, live to enjoy them (6:2), there is a poor wise man who believes that he will be killed by the foreign whose wisdom delivered a city but whose deed is ruler in whose territory he finds himself so that the forgotten (9:14–16). There are wicked people who ruler can take the wife into his harem. These succeed in life and righteous ones who do not stories can also be seen in a new light in terms of (7:15). At the very least, such observations discourse ethics, as will be argued shortly. The indicate that there are realism, compassion and same dilemma is explored in 1 Samuel 20:1–34, even despair at the heart of the Old Testament’s where both Jonathan and David lie about the wrestling with moral issues. In this regard, reason for David’s non-appearance at Saul’s new Ecclesiastes becomes one of the most appealing moon festival. They know that Saul is likely to try texts for modern readers. Discourse, or to kill David if he is present. Thus a lesser evil – communicative, ethics as worked out by lying – is agreed upon in order to avoid a greater Habermas is an attempt to define the conditions evil – attempted murder. That the lie will be under which ethical norms could be agreed by all wrong, even if necessary, is indicated by the fact those who had a legitimate interest in a matter, that Jonathan will not volunteer the lie but tell it without coercion. The approach is directed only if challenged by Saul about David’s absence. especially against ethical relativism, and A different dilemma is explored in Exodus 1:15– Habermas lays particular stress upon willingness 20 where the two(!) midwives charged with killing to be persuaded by the force of the better the burgeoning number of Hebrew boys at birth argument. The twin ideas of discourse and of on the orders of the pharaoh refuse to carry out willingness to be persuaded by the force of the the orders. In order to justify themselves, they tell better argument are clearly evident in Genesis the lie that robust Hebrew women (unlike 18:22–33. They are also apparent in Genesis Egyptian women) give birth before the midwives 20:1–17, the second of the three stories in which get to them. The question of whether or not one an ancestor deceives his foreign host by saying should obey the unjust orders of those in authority that his wife is his sister. The foreign host is is one that has become particularly acute in the Abimelech, king of Gerar, and the narrative modern world. In Genesis 18:22–33, a long contains an interesting dialogue between discussion (again illuminated by discourse ethics) Abimelech and God, who comes to the king in a is recorded between God and Abraham dream. God warns Abimelech that he is a dead concerning whether God should destroy Sodom if man because he has taken a married woman into even ten righteous people are found in the city. his harem. Abimelech, in his reply, appeals to the Two questions are raised. ‘Shall not the Judge of force of the better argument: ‘Lord, wilt thou slay all the earth do right?’, asks Abraham (Genesis an innocent people? Did he [Abraham] not 18:25). In other words, is there a notion of justice himself say to me “She is my sister”? And she derived from ‘natural morality’ to which God herself said, “He is my brother.” In the integrity of should be subject? Second, is the just my heart and the innocence of my hands I have punishment of a wicked majority more important done this.’ The narrator justifies God’s warning by than the unjust punishment of a righteous making God say that it is he who has prevented minority, or vice versa? The passage implies the Abimelech from having intercourse with Sarah; answer that it is more desirable to avoid wrongly but the boldness with which the narrator punishing the innocent (which means that the describes Abimelech’s dialogue with God is wicked would go unpunished), if any can be evidence for moral agonising in ancient Israel, found. It is also important to note that parts of the and recognition of the importance of appeal to the Old Testament attack the view that the universe is force of the better argument. Conclusion a moral universe, one in which virtue is rewarded According to popular perceptions, the Old and vice is punished. This attack is most explicitly Testament contains crude morality and operates mounted in Ecclesiastes and is based upon the mainly at the level of ‘thou shalt not’. This chapter author’s observations of life. There are the has not tried to evade any difficulties. It has tried to show, however, that throughout Christian history the Old Testament has been used in sophisticated ways in ethics, and that modern research has revealed its moral sensitivities, the importance of dialogue, the appeal to the force of the better argument, and its attempts to make the practical arrangements of society reflect and express God’s compassion for and solidarity with the world and all its inhabitants. A full appreciation of the range of its ethical concerns guards against simplistic application and enlarges the challenges that it presents to modern readers, including ethicists.