Monday, November 14, 2022

Herbert Niehr on מִשְׁפָּט and צְדָקָה

  

2.3. Cosmic Traits of mšpṭ and ṣdqh

 

The cosmic traits of mšpṭ and ṣdqh have rarely been treated by Old Testament scholars. It is above all the interrelation of mšpṭ and ṣdqh with the royal ideology that is to be stressed here. The axiomatic point of insight to be reconsidered is the fact that the king as YHWH’s anointed representative is responsible for maintaining the cosmic order, a task that has to be enacted daily. The way of fulfilling this royal task if twofold: In the temple, YHWH’s earthly abode, the cult is to be upheld according to the prescribed rituals in order to ensure YHWH’s presence in his cult statue. In society, justice has to be established n order to ensure the durability of the society and to prevent social upheavals that could overthrow the throne, thus causing chaos even in the realm of the cult. Therefore the king unites the divine and the earthly sphere and prevents chaos.

 

In the Old Testament texts the cosmic traits of the binomial can be found in three kinds of metaphorical language. In the first place a comparison is made of mšpṭ and ṣdqh in connection with plants (see Isa. 5.1-7; Hos. 10.4; Amos 5.7; 6.12). Hereby the picture of fertility is expressed. Second, mšpṭ and ṣdqh can be compared with water (see Isa. 32.1 f.; Amos 5.24; Ps. 36.7 and the texts that show that YHWH pours out ṣdqh from heaven like rain: Isa. 45.8; Hos. 10.12; cf. Ps. 85.12f.). In these images, aspects of plenitude, vitality and refreshment are evoked. The third metaphor is given in connection with light (see Isa. 42.1, 3; 59.5; Hos 6.5; Zeph. 3.5; Hab. 1.4; Ps. 37.6). This metaphor is taken from the realm of the sun-god, who acts as judge and gives mšpṭ and ṣdqh as his gifts. Because YHWH has taken over this role of the sun-god more and more, as well be shown in the next paragraph, it is he who gives justice like light.

 

But the king too could be described in solar (and also in rain) imagery that shows him to be responsible for the world order (see 2 Sam. 23.3f.; Ps. 72.5f.; Prov. 16.15). In postroyal times it was the personalized wisdom that acted as a king and established the cosmic order by mšpṭ and ṣdqh (see Prov 8.14f., 20).

 

2.4. mšpṭ and ṣdqh as YHWH’s Gifts and Hypostases

 

When discussing the cosmic traits of mšpṭ and ṣdqh in the preceding paragraph we came across YHWH’s acting as the sun-god. From the eighth century BCE onward YHWH’s solarization becomes evident. Responsible for this fact that are the Judahite royal ideology and the coming astralization of the Northwest Semitic religions during the first millennium BCE.

 

In the Old Testament texts solar functions are conferred on YHWH in certain contexts. According to Hos 6.5, YHWH says: ‘My justice (mšpṭy) dawns like morning light’ (NEB). Here YHWH’s justice is portrayed as the gift of the sun-god, mirroring a common picture of ANE judicial ideology. Zephaniah 3.5 draws on the same imagery. The text says about YHWH ‘Every morning he gives his judgment (mšpṭw) to light’ (NEB). YHWH once again is portrayed as the sun-god, who rises in the morning to speak justice. Further Old Testament texts describe YHWH’s theophany in solar terms and ascribe to him the bringing forth of justice. The best-known text is from the postexilic prophet Malachi, who stresses: ‘But for you who fear my name, the sun of righteousness shall rise with healing in his wings’ (Mal. 3.20; NEB).

 

. . .

 

mšpṭ and ṣdqh can be judged as hypostases at those places where they are constructed as subjects of a verb. So they are not only gifts of the solarized god YHWH, but they can be active themselves. So we are entitled to speak about the hypostization or personification of the constitutive principles in Judahite and Judaean religion, a process that has its prototype in Mesopotamia and that is also attested in Ugaritic and Phoenicia.

 

The best-known examples of this process are Pss. 89.15 and 97.2, where mšpṭ and ṣdqh are the foundations of YHWH’s throne (see also Prov. 16.12; 25.5f; 29.14). In Isa. 9.6 the same principles are the foundations of David’s throne. Several other texts show the personficiation of the binomial (see Isa. 1.21; 32.16; 59.9, 14). In Ps. 85.11-14, ṣdqh together with other beings like ‘mt or šlm can be characterized as attendant deities.

 

One should also pay attention to those texts that have YHWH and ṣdqh in parallelism (see Isa. 51.1; 61.3; Ps. 4.6). Later Jewish apocalyptic texts show more attestations of the personification of ṣdqh.

 

2.5. The Constitutive Principles of Justice and Order during the Time of the Second Temple

 

The institution of the monarchy had gradually disappeared from Judaea during the sixth century BCE and there were kings again in Judaea only in the time of the Hasmoneans. It should not be ignored that although the Judahite Davidic monarchy had disappeared, Judaea was still governed by monarchic overlords of Persian or Hellenistic provenance. Several Judaean politicians and theologians saw their rescue from this foreign domination in the investiture of a Davidic king who was to become the universal overlord. Thus monarchic hopes were never given up in Judaea—at least by the governing class—until their realization in the period of the Hasmoneans.

 

The texts that convey these hopes for a future king of Davidic origin to come and to establish justice all over the world has traditionally been dealt with as ‘messianic’ texts. But this is rather problematic as has been shown during the last years. It is not possible to delve into these texts here at any length. There is only one characteristic trait that should be considered here, the striving for equity and justice all over the world, which the expected Davidic king is to bring about.

 

The most important texts that demonstrate the relevance of mšpṭ and ṣdqh as constitutive principles for the functioning of the cosmos and the well-being of the society are Isa. 9.1-6, 11 and Psalms 45 and 72. One could add isa. 16.5-6; 32.1; Jer. 23.5; 33.15 and Zech. 9.9f. These postexilic texts mirror the universal relevance of the royal ideology in all its aspects. Here and in other non-messianic texts we encounter an ‘interrelationship between justice, order, fertility and prosperity.’

 

A very interesting expectation of the loyal king is given with the figure of Malkiṣedeq, an idealistic personification of the just king conceived of during the postexilic period. The reign over Jerusalem is subjected to him (Gen. 14.18-20). According to Ps. 110.4 the future Davidic king is made priest after the manner of Malkiṣedeq. In Qumran Malkiṣedeq is one of the decisive saviours of his people (11QMelch).

 

A short side glance on the subject of the Old Testament law codes is necessary at this point. As there was no king in those days between the beginning of the sixth century BCE and the time of the Hasmoneans the leaders of Judaea had to look out for alternatives to the royal distribution of justice. Now the time had come for the law codes to become decisive rules for everyday life. Older collections—perhaps in the case of the Book of the Covenant and of the legal parts of the book of Deuteronomy from late royal times—were actualized, and new ones—like the Holiness Code—were composed. In royal times such collections had had no function in the administration of justice. (Herbert Niehr, “The Constitutive Principles For Establishing Justice and Order in Northwest Semitic Societies with Special Reference to Ancient Israel and Judah,” in Patronage in Ancient Palestine and in the Hebrew Bible: A Reader, ed. Emanuel Pfoh [The Social World of Biblical Antiquity—Second Series 12; Sheffield: Sheffield Phoenix Press, 2022], 160-61, 162-63)

 

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