B.

The Torah Constitution

God’s constitutional covenant established an egalitarian society. A society were all citizens are considered equal in the eyes of God
and in the eyes of the law. Wealth and honor, social status, or poverty were not to be factors affecting justice in the land. This political
philosophy is captured in the Greek idiom that “justice is blind.” 1 These precepts in Torah and in Greek culture became the foundation
of the United States Constitution, enabling a society based on liberty that had not existed since the founding of Israel at Mt. Sinai.

To understand Ezekiel’s controversial passages, it is important that we understand the system of justice, governance, and
Temple protocol that YHWH established in ancient Israel. These are the religious precepts established within God’s Law.

Green: USA has historically fulfilled for the past 200 years.
Blue: USA may or may not do, but you can personally fulfill and DO this instruction within the Law.
ONLY in the Land, in Jerusalem, or at the Temple.

Precepts of the Law

I. 1 God. 1 Law. 1 Nation of people. 1 Land.
A. One God, who revealed himself to Abraham, Isaac, Jacob, and Moses (Genesis 12; 26:1-4; 28:10-16; Exodus 3; 20:3)
B. The Law of YHWH applies equally to all people (Exod 12:49; Lev 7:7; 18:26-27; 15:16, 29; Num 15:14-16)
C. One nation before God (Exod 4:22; 9:6,13; Deut 29:12-15)
D. One land (Genesis 12:7; ch.15; 17:8; Exod 6:4)
E. The 10 categories are the foundation of the entire constitution (Exod 20:1-17). The Law of Moses fulfills/elaborates each of
these categories by establishing a practical application.

II. Government
A. Three branches (Jer 30:20; 33:20-26)
Levites, Judah, and a 2-house legislature: the ‘edah senate and the qahal congregation
B. Levites
1. Federal Court
2. High priest as Supreme court justice (Deut 1:17; 17:8-11)
3. A Center for Disease Control (CDC), determining contagion aned epidemic

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 4. Office of Historian (1 Chr 16:4)
4. Served as educators who taught YHWH’s constitution to Israel’s citizens (Lev 10:11; 14:57; Deut 24:8)
C. Judah
1. National leadership (constitutional monarchy- Gen 49:10; Deut 17:14, 16-19; Jer 33:2-21, 24-26)
2. Administrative duties such as archive and historian ()
3. Military leadership
4. Led in national observance of Torah, especially during the holy days
5. King could also issue verdicts in court cases
6. King administered ceremonies during the Holy days.

D. Two Houses
1. The ‘Edah (similar to a House of Lords)
a. Tribal leaders who functioned as a senate voting for policy for their local communities (Exod 34:31; Num 7:2; Num 1:16)
b. Municipal and state judges (Num 35:24-25; Josh 20:4-6)
c. Local leaders (Deut 1:13-18; 17:9-13;)
d. Militia (Num 27:15-20; Jdg 21:10)
2. The Qahal (similar to a House of Commons)
a. All citizens: men, women, children, converts (eligible to join congregation) (Num 10:7)
b. Voted during the 3 national assemblies ()
c. Could hold public office (Exod 18:21-22; Deut 1:13-18, 17:9-13)

II. Constitutionally-defined taxation limited to 10% of income, increased to 20% with a monarchy (Lev 27:30-34; D eut 12:17; 14:22-29;
1 Sam 8:15).
A. Tithes originally established at 10% (Lev 27:30-34; Deut 12:17; 14:22-29)
B. Tithes supported the priests (Lev 18:26-32; Num 18:26-32; Deut 12:17)
C. 1% of tithes supported the indigent and un-landed convert/immigrant ()
D. Tithes, vows, freewill offerings to be spent celebrating during 3 annual feasts (Deut 12:17-18, 12:26, 14:25-26)
E. The monarchy added another 10% income tax to support a military, administrative, and an executive branch for a total taxation
of 20% (1 Sam 8:15)

III. Property rights

A. Lay citizens
1. Every male citizen inherited portions of tribal lands ()
2. Females inherited, if their father lacked a male heir (Num 27:1-11)
3. Arable lands could not be sold. They could be leased until the Jubilee. Lands were inherited by one’s children or near
kinsman if the family line died out (Leviticus 13; Lev 25:23)
4. Land in cities sold like modern real estate. It did not “go out” (return to the original family) in the Jubilee (Lev 25:29-
31)
5. Land inherited by nearest relatives
B. Government and its employees

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 1. Levites had no arable land ownership. Government/Levitical land limited to defined city suburb boundaries
2. The king’s land limited to a set estate. King could not appropriate citizen’s lands.

Immigration.
I. Converts: rights
A. Immigrants must pledge to uphold constitution, become circumcised, and observe holidays (Exod 12:48-49)
B. No distinction in rights under the Law between ger (sojourner) and ezrech (natural-born citizen), once the citizen
commits to join Israel. Citizens had full access to the joys and benefits of Israel’s covenant (Lev 19:33-34; Isa 56:1-
3, 6-8)
C. Eligible for welfare since they were disadvantaged by restricted access to private property.

II. Restricted options for immigration

A. Ownership of tribal lands by native-born Israelites, limited immigration avenues.
B. Immigrants could lease, but never own the arable countryside. This meant they usually had to live in cities and were
impoverished.

G. National Holidays
A. Reasons for:
1. National holidays for social justice and rest from labor (Exod 20:10; Deut 5:14).
Prevented man from enslaving himself through over-working (Lev 26:13)
2. Sign of compliance with Sinai Covenant (Exod 31:16-??)
B. Stipulations for Holy Day observance:
1. No weekday work is done (only life-sustaining, essential operations-Exod 12:16 ).
2. Community gathers for a “Holy Convocation” (Exod 12:16
3. Feasting and celebrating, except for atonement ()
C. Designated Holy Days.
1. Weekly 7th Day Sabbath (Exod 20:8-11; Lev 23:1-4)
2. Wave Sheaf (Aviv 17th, day after weekly Sabbath during Feast of Unleavened Bread. Aviv 16th begins count to Shavout-
Lev
23:10-16)
d. Yom Teruah (Day of Shouting, 1st Day 7th mo.- Lev 23:24-25),
e. Atonement (No celebration. Fasting. 7th mo. 10th day -Lev 23:27-32)
E. Three annual Feasts held in Jerusalem every 7 years (Deut 16:16; 31:10)
1. Passover and Unleavened Bread (7 Days - Exod 12:15, 17, 49; 23:15; 34:18; Lev 23:6-8).
Evening of the 14 to evening of the 21st (Exod 12:18; Lev 23:14)
1st and 7th days of feast - no work (Exod 12:16)
Holy convocations on 1st and 7th
2. Shavout (1 day), commemorating the giving of the Torah (50 days after Aviv 16th- Lev 34:22; Deut 16:10-21)
3. Sukkot (7 days - Exod 34:22; Lev 23:34; Deut 16:13).
1st and 8th days-Sabbaths, no work, celebrations.

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 Holy Convocations on 1st and 8th
Torah read at Sukkot every Release year (Deut 31:10-13)
F. Yearly Holidays
a. Release Year every 7 years.
a. Land fallowed/enriched
b. Indebted servants released
c. Depts forgiven (in cases of poverty)
b. Jubilee
a. Land fallowed/enriched/fertilized
b. Servants who had pledged long servitude released ()
c. Land “goes out”. Redistricted, heirs (marriage and death) noted. Land is named in the family that now
has possession of the land ()
d. Genealogical records kept, tied to ownership of arable lands.
G. Jubilee Economic System
a. Land Rests every 7 years. Replenish nutrients
b. Indebted citizens return to tribal lands in the 50th Jubilee
c. Land realigned to account for deaths and marriages. Genealogies updated
F. Everyone living in the land of Israel was to observe Israel’s holy days (Exod 12:19, 48-49)

H. Voting
A. Native citizens, descendants of Jacob
1. All citizens who own tribal lands have voting rights
2. If a citizen commits a felony crime, he/she loses voting rights
B. Immigrants
1. Immigrants/gers/converts from friendly nations, enter the congregation (qahal), gain right to vote in the 3 rd generation
(Deut 23:7-8)
b. Immigrants from hostile nations (like modern-day Iran) enter into the qahal in the 10 th generation (Deut 23:3-6)

I. Treason
1. If any person in Israel argues that the Constitution is not relevant for his/her generation, he/she has committed treason.
2. If any person entices an Israelite to worship another god or to forsake the covenant, he has committed treason (Deut 12:6-
8)
3. If any citizen knows that another within the land of Israel has advocated for abandoning the constitution or for worshipping
other gods, he is required to bring charges for the case to be tried in a fair court of law. If the defendant is found
guilty, it is a capital offense (Duet 13:8-11) of Israel entices an Israelite to worship other gods or to forsake the
covenant,

II. Justice
A) Courts of Law:
1. Punishment should equal the crime, not exceeding or declining from it (Exod 21:24-25)
2. Seek justice— exonerate righteous, condemn the wicked (Exod 23:7; Deut 25:1)
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 a. Presumed innocence (Deut 19:15)
b. Protect the innocent (Exod 23:7)
B). Establishes equity under the law. Deference or honor should not be given to a man because he is poor
nor due to his wealth. Cases should not be affected by personal poverty. The goal is to always seek justice
based on laws, not the persons involved (Exod 23:3, 6)
C). 1. Must be 2-3 witnesses for a verdict to be reached; (Deut 17:6; 19:15)
2. Forensic or physical evidence is a “witness” (Deut 22:13-19)2
D). Ban on bribes or 'pay for play' (Exod 23:8)
E). Perjury as a crime (Exod 23:1, 7; Deut 19:15)
F). Murder, theft, and adultery are crimes ()
G). Ignorance or insanity were not valid defenses. Every person was required to be educated and to know the Law and their rights under it
(Lev 5:17)
H). Do not pity or empathy to the guilty convict (Duet 7:16; 13:8; 19:13, 21).
I). Following the Torah creates strong families who do not commit crimes ().

III. Crime and Civil Society

A) Penalties for murder, involuntary manslaughter, and kidnapping (Exod 21:12-16)
1. Ban payment of blood money (in Islam known as Diyaa): life for life in cases of intentional murder (Num 35:31-32)
2. Involuntary manslaughter and Refuge Cities (Num 35:9-29)
3. Death penalty for rapists when there was no doubt the incident was rape (Deut 22:25-26)
4. Death penalty for any and all types of kidnapping, which includes human trafficking (Deut 24:7)
5. Of an injured person or pregnant woman (Exod 21:18-21, 23)
B). Children shall not be held liable for their parents' crimes nor parents for their children's crimes (Deut 24:16). Each man is
held accountable for his own actions ().

B) Theft (criminal)
1. Penalty and restitution for larceny (theft) whether intentional or not (Exod 22:1-5, 7-15)
a. If an item is unable to be recovered, the thief repays 4-5 times the value of the stolen item to its owner (Exod
22:1)
b. If the thief is caught in the act and the item(s) is recovered, the thief repays double (Exod 22:4)
c. Movement of boundary line or encroachment on neighbor’s land (Deut 19:14; 27:17. See also Prov 23:10-11)

2. Theft (civil)
a. Unintended theft simply compensates owner’s full loss (Exod 22:5-6)
b. If loss occurs under another’s care (an item is borrowed) and damaged, the borrower repays double its current
replacement value (Exod 22:9)
c. If an item is stolen while being borrowed, the borrower repays current market value (Exod 22:12)
d. Ban on oppressing others (Exod 22:21-24, 25-27; 23:9)
3. Personal Injury
a. The negligent party shall repay lost wages, property, and cause the victim to be “thoroughly healed” (Exod 21:18-

2
See YE1, 274-275.
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 19)
b. If loss of life or paralysis, or permanent damage occurred, the matter was referred to a criminal court (Exod
21:18)

1. If any citizen knows that his fellow country-man has violated the covenant, he is required to bring the matter before the judges.

C) Individuals and victims should not take the law into their own hands. Seek justice through the courts
(Lev 19:18; Num 35:25; Deut 1:13-18. This prevented anarchy, chaos and family/tribal feuds in society.)

IV. Liability, negligence, and restitution (civil):

A. In regard to property, during the course of work, or aggressive animals (Exod 21:28-34)
B. Fires and wildfires (Exod 22:6)

IV. Contractual agreements

A. Civil Contracts
A. All civil contracts were to invoke and be written in the name of YHWH. This could be extended to coinage (Deut 6:13)
B. God will not hold guiltless those who do not honor his name [by implication, a contract in his name] (Deut 5:11)
B. Contractee required to fulfill agreements (Num 30:1-2; Ps 15:4)
5. Ban on bribes or 'pay for play' agreements (Exod 23:8)

B. Lending agreements
A. Lending with interest-bearing loans can only be extended with reasonable rates among the middle and upper class citizens
(Deut 24:10). Business loans would also be included in this class.
1. A lender may not enter the borrower’s home to collect collateral (Deut 24:10-11)
2. A lender may only secure or hold as surety property among the upper classes. He has no right to hold assets
belonging to the poor. (Deut 24:12) The modern practice of liens would satisfy this requirement for both rich and poor.
B. Protection for the poor
1. Ban on usury (high interest loans made to the poor) or any interest-bearing monetary, food, or essential living
loan to the poor for all Israelites (Exod 22:25; Lev 25:36-37).
2. Essential items for daily living (i.e. a car or home) may not be taken from an individual and held as collateral
sources so as to cause duress to a borrower’s daily life (Exod 22:26; Deut 24:10-14).
3. Immigrants/converts (ger) are covered by the protections extended to the poor (Deut 24:14,18)
4. Women and orphans are afforded special protections and should dealt with generously (Deut 24:17)
4. Usury permissible with foreigners (non-converted people, citizens of other nations-Deut 23:30)
C. Do not withhold wages for hire. Pay at agreed intervals (Deut 24:14-15)

V. The Bill of rights for Hebrew and foreign bond Servants:

A. Limits for Hebrew indentured service (Exod 21:1-11)
B. Mistreatment of servants and constitutionally guaranteed protection of human rights (Exod 21:24-27)

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 C. All workers and slaves are entitled to 1 day of rest per week, plus national holidays (Exod 21:27, 23:12; Lev 23:7, 8, 21,
25, 35-36; 25:6)

VI. Morality Code (Exod 22:16-17, 19)

A. Marriage
1. Marriage between a man and woman (Gen 2:24)
a. Divorce-both are free to divorce and both can freely remarry (Deut 24:1-3)
b. Divorcees cannot remarry each other (Deut 24:4)
2. If a couple has pre-marital sex, they are encouraged to marry quickly. If the woman and her family refuse, the man must
pay a hefty fine (Exod 22:16) and the woman is free to marry another.

B. Banned sexual and emotional relationships

1. Defines incest and identifies the near of kin relations that are unhealthy. Violation is a capital offence (Lev 18:6-18)
a. Adultery is a capital offence (Lev 18:20)3)
b. Homosexuality is a capital offence (Lev 18:22)
c. Bestiality is banned (Lev 18:23)
C. Witches, fortune tellers, enchanters, necromancers, wizards, those who channel spirits is a capital offence (Exod 22:18;
Deut 18:10-12).

VII. Health Code: applied to all on national soil

A. Hygiene
1. Intercourse during menstruation is banned (Lev 18:19)
2. Bathe when one becomes unclean ()
3. Flush the toilet! Dispose of human waste so as not to contaminate living quarters (Deut 23:13)
B. Circumcision
1. Male child
2. Performed on 8th Day
3. Sign that one is heir to Abrahamic covenants (Gen 17:13-14)
B. Diet
1. Only eat clean meats (Lev 20:25):
a. Cattle and herds: must chew cud and have cleft hoof (cow, bison, goat, lambs, ox)
b. fouls:
2. Ban on consuming blood and fat (). If one violated this command, he was to wash body and clothes and remain
unclean until evening (Lev 17:15)
3. Ban on eating an animal that “died of itself.” Protocol for violating this law is bathing and washing of clothes
(Lev 17:15)
4. If one ingests blood or pork, he loses voting rights (Lev 17:10)
C. Disease control and prevention
1. Visible rash or illness: quarantine ?? days and recheck
2. Check ???

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VII. The Rights of God
A. Only YHWH is Israel’s God.
B. Do not make covenants with other deities (Exod 23:32; Deut 7:2)
C. Do not worship the gods of Canaan or participate in their cults (Lev 18:30; Deut 18:9. cf Jer 10:3).
D. Within Israel’s national borders: overthrow and destroy other deities’ images, drive the wicked out of the
land, do not make covenants with them, lest they lead you astray. (Exod 23:24, 32-33; Num 33:50-54)
E. Recognize YHWH by his name revealed to Moses and call upon him ().

Temple Regulations Choq/Chaqah

Regulations governing the Tabernacle/Temple. These are not constitution. They are prophecy, based on Leviticus 26/Deuteronomy
28-30:10. (See Isa 8:16, 20)

These are the protocols that the Obscure Temple Decrees within the Law governed:

1). Inheritance and Primogeniture (Num 27:1-11)

2). Vows—only to God (Numbers 30)
3). The Tabernacle of Testimony (Exod 27:21)
4). Levitical priesthood and the sacrificial system (Lev 3:16-17; 7:34-35; 10:12-15; ch 16; Num 18:23; 19:2-21)
5). Priestly clothing (Exod 28:42-43; 29:29)
6). The priesthood should not drink wine or strong drink when entering the Tabernacle (Lev 10:9)
7). The sons of Aaron should manage the Burnt Offering (Lev 6:9-18)
8). The 7-branched Menorah should always be lit by the high priest (Lev 24:1-4)
9). Priests blow with trumpets to call the congregation together (Num 10:1-10)
10). Healing through bitter waters (Exod 15:25-26)
11). That purification by fire is followed by waters of separation (Num 31:21-24)
12). Making Clean: Water of Separation and purification of sin through the Red Heifer’s Ashes kept outside the camp (Num 19:1-10)

There are about 20 categories of judgment (mishpat) within the Torah, which establish a Law code based on justice, equity, and
judgment ().
Unfortunately, most English translations do not maintain the distinction between these branches of Constitutional Hebrew
Law. Choq is the Hebrew word for Statute.’3 In the KJV, choq is often mistranslated as 'laws' (Gen 47:26, 1 Chr 16:17, Ps 94:20,
105:10) or 'ordinances' (Exod 12:24, 18:20; Num 18:8, 2 Chr 35:25, Ps 99:7; Isa 24:5; Jer 31:36, Ezek 45:14) instead of consistently
being translated as statutes. Mishpat, the Hebrew for ‘judgment,’4 is mistranslated as 'laws' (Lev 24:22), 'ordinances' (Exod 15:25),
'ceremonies' (Num 9:3), and 'manner' (Exod 21:9, Lev 5:10, 9:16; Num 9:14, 15:16, 29:18). Thus, most translations, even the JPS
Tanakh, do not maintain the differing function and weight of constitutional law within the Law of Moses.

3
SEC 2706; 2708; BDB ; TWOT ; CHALLOT
4
SEC 4941; BDB ; TWOT ; CHALLOT
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