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Year 1, Week 10, Day 3

I have a brief observation for today’s reading of Exodus 22-23.

Today’s reading continues providing various case laws, which the nation of Israel were to use to govern themselves before the LORD. As I pointed out previously, this section of case laws is rooted in the Ten Commandments, and provides aid for applying the eternal Law of God to the particularly cultural settings in which Israel existed. These case laws help us to see that Israel was to be governed, not in an arbitrary fashion, but in a wise and just fashion. So, even though the particular expression of these case laws may not always be immediately relevant to us today in their expressed application, they are built on God’s eternal moral will (as given to us in the Ten Commandments), and provide a framework from us today to discern how justice can best be administered today.

What I was struck by in today’s reading is God’s concern for justice. God’s Law provides the basis for societal justice: “Righteous are you, O LORD, and right are your rules. You have appointed your testimonies in righteousness and in all faithfulness.” (Psalm 119:137-138). God’s concern for justice is displayed through His stating of various case laws, which were specifically pertinent to the nation of Israel, but which provide us wisdom to know how to consider what justice consists of even today. For instance, matters of restitution as well as deterrents are built into just laws: “If a man steals an ox or a sheep, and kills it or sells it, he shall repay five oxen for an ox, and four sheep for a sheep.” (Exodus 22:1). Now, the threat of losing our oxen or sheep is not too great today, for none of us owns an ox or a sheep. But before we completely dismiss this case law, we should consider the principles of justice that it expressed. A first principle for establishing justice is the matter of restitution. If someone is caught stealing something of yours, they will need to compensate you. In fact, they will need to compensate you in a way that is of more value than the item they stole. This may feel harsh, but the issue behind restitution is another important principle of establishing justice. Deterrents aid in the goal of achieving a just society. The thought of having to pay back, perhaps to an even greater value than what was taken, is meant to serve as a means of dissuading me from stealing in the first place. Furthermore, the greater temptation toward the item that might be stolen should be coupled with the greater value attached to satisfying justice when the thief is caught. Since an ox was of greater value than a sheep, the temptation was greater; but a greater deterrent was in place to curb the desire to take it.

A just society shows great care and concern toward the poor and vulnerable: “You shall not wrong a sojourner or oppress him, for you were sojourners in the land of Egypt. You shall not mistreat any widow or fatherless child. If you do mistreat them, and they cry out to me, I will surely hear their cry, and my wrath will burn” (Exodus 22:21-24a). But that genuine concern for the poor, which entails mercy, is coupled with being impartial toward the poor in matters of justice: “nor shall you be partial to a poor man in his lawsuit.” (Exodus 23:3). From the example above, what if a poor man steals your ox and is caught. He probably was tempted to steal your ox because he was poor and needed the animal or its value for himself. How can he afford to make restitution of five oxen, when he didn’t have one to start with? In a society that encourages justice, a pathway would be provided for the thief to make restitution. Often, that came through enslavement, that is, the one who stole would surrender himself to become a servant so that he would work off his debt. Ancient Israel forbade man stealing, that is, kidnapping people against their will and forcing them to work for you; but a voluntary enslavement (perhaps we would call this indentured labour) was practiced as a means of acquiring work and/or satisfying justice.

A just society is defined by what it prohibits. What a society prohibits is reflected in what it penalizes. Notice the actions that are prohibited and penalized in these case laws. A just society assumes certain rights, but the greater emphasis of a just society is on obligations and responsibilities. For in focusing rightly on responsibilities over rights, our focus shifts from ourselves and our rights to others and their rights. So rights are upheld in a just society, but that is through the encouragement of living responsibly. These case laws assume rights (right to life, right to property, etc.), but the emphasis is upon prohibiting the violation of rights of others through fostering responsible living. When rights are emphasized over living responsibly, neither rights nor responsibility will be achieved. However, when responsibility is emphasized over rights, both can be enjoyed and rightly celebrated.

A just society is reflected in two ways that are very foreign to many today. These case laws teach us that marriage is an issue of justice; thus, physical human intimacy outside of marriage is unjust, for it is a taking of what does not belong to you: “If a man seduces a virgin who is not betrothed and lies with her, he shall give the bride-price for her and make her his wife. If her father utterly refuses to give her to him, he shall pay money equal to the bride-price for virgins.” (Exodus 23:16-17). A society that does not value marriage is fundamentally unjust. But these case laws also teach us that the worship of God is also an issue of justice; thus, all throughout this section we find requirements for worship: “Three times in the year you shall keep a feast to me. You shall keep the Feast of Unleavened Bread. As I commanded you, you shall eat unleavened bread for seven days at the appointed time in the month of Abib, for in it you came out of Egypt. None shall appear before me empty-handed” (Exodus 23:14-15); as well as prohibitions against false worship: “You shall not permit a sorceress to live…Whoever sacrifices to any god, other than the LORD alone, shall be devoted to destruction.” (Exodus 22:18,20).

Deciphering the case laws today can be a challenge and is subject to much error. For instance, I once heard a teacher forbidding the consumption of cheeseburgers today on the basis of “You shall not boil a young goat in its mother's milk.” (Exodus 23:19b). His point was something about not mixing meat and dairy products together. His missing the point demonstrates the challenge of how we read and apply these case laws today. Some are easier to transfer than others, but with all of them, we need help from above: “Your testimonies are righteous forever; give me understanding that I may live” (Psalm 119:144).

What struck you in today’s reading? What questions were prompted from today’s reading?

Pastor Joe