Willis : Hebrew Law 
21 
against idolatry, sorcery, false prophecy, perjury, disfigure- 
ment of the dead, as to clean and unclean animals, sacrifice 
of children, landmarks, responsibility for murder when the 
murderer was unknown, marriage of captive women, filial dis- 
obedience, kidnapping, treatment of sons, burial, estrays, 
dress, protection of birds, regulation of building and use of 
animals, slander, adultery, fornication, rape, prostitution, 
sanitation in war, indecency, interest, vows, harvest and 
threshing, leprosy, assault and battery, weights and meas- 
ures . 73 The criminal law had further development in the 
Priestly code, but for the most part the new provisions cov- 
ered religious and ceremonial matters. This was due largely 
to the nature of the government after the Babylonian deporta- 
tion . 74 The new provisions covered such topics as : Sabbath 
73 1 2-27 Deut. 
74 Note on Historical Development of Hebrew Criminal Law. 
The earlier practice of vengeance and retaliation, even after its abolition, required 
the iron rule of justice found in 21 Exod. 23-25 ; 19 Deut. 21 ; 24 Lev. 19, and 5 Num. 8. 
Apostasy and Treason. The oldest enactments forbade worship of other gods, with- 
out any definite penalty (20 Exod; 34 Exod.). The early Hebrews had been worshippers 
of many gods (31 Gen. 19-34; 35 Gen. 1-4; 24 Josh. 2; 8 Judg. 22-27; 17 Judg. 1-16; 
3 Hos. 4). The Deuteronomic code prescribed a penalty, stoning, but there is no record 
of the infliction of any such penalty (17 Deut. 2-7). Solicitation to apostasy was to be 
punished in the same way and this punishment extended to relatives (13 Deut. 1-5) ; 
and a town guilty of apostasy was to have like punishment (13 Deut. 12-18). 
Idolatry. Idolatry was prohibited by all of the codes (34 Exod. 17-20, 23 ; 20 Exod. 
4-6; 5 Deut. 8-10; 19 Lev. 4; 26 Lev. 1) ; but the only punishment prescribed was the 
curse (27 Deut. 15) and the threat of exile (4 Deut. 25-28) of the Deuteronomic code. 
Divination and sorcery were punished in the early codes by exile and in the later 
by death by stoning (22 Exod. 18; 18 Deut. 9-14; 20 Lev. 27 ; 19 Lev. 26). 
Sacrifice of children was made punishable by death by the Priestly code (18 Lev. 
21 ; 20 Lev. 2, 3) ; and apparently was made punishable by exile in the Deuteronomic 
code (12 Deut. 29-31; 18 Deut. 10). 
Blasphemy. Blasphemy, at first regarded as an offense against God and punish- 
able by God (22 Exod. 28; 20 Exod. 7; 5 Deut. 11), was in the Priestly code made an 
offense against the state and punishable by stbning (18 Lev. 21; 24 Lev. 15-16). 
False prophecy was recognized as a crime by the Deuteronomic code, but this offense 
also was at this time to be punished by Jehovah (18 Deut. 19-22). Likewise reverence 
of sanctuary and sacred things (22 Lev. 3; 7 Lev. 20-21). 
Sabbath. In the early codes the Sabbath was regarded simply as a day of rest (34 
Exod. 21; 23 Exod. 12) ; in Deuteronomy, as a day of rest and memorial day (5 Deut. 
12-15) ; but in the Priestly code as a sacred day (made for God instead of man) and 
its non-observance was punishable by death (19 Lev. 3, 30; 26 Lev. 2; 35 Exod. 2, 3). 
Compare Jesus’ position upon this subject (12 Matt. 1-14). 
Parents. The son’s disobedience of his parents was punishable by death according 
to the earliest law, and this continued to be the rule thruout Hebrew history (21 Exod. 
17, 15; 21 Deut. 18-21; 20 Lev. 9). 
Murder. There are very few provisions upon the subject of murder in the Hebrew 
codes, evidently because the law thereon never developed much beyond the law of 
vengeance, except as modified by the altar asylum for the innocent (21 Exod. 12-14), 
the three cities of refuge for the innocent (19 Deut. 1-13), and the six cities of refuge 
for the innocent (19 Deut. 1-13) with the right of freedom after the death of the high 
priest (35 Num. 14-29). 
Assault and Battery. In the primitive codes this was only a tort (21 Exod. 20-21, 
22-25, 26-27), but was made a quasi crime by the later codes (27 Deut. 24; 24 Lev. 19). 
Criminal Negligence. This was recognized as both a tort and a crime, varying with 
the circumstances (21 Exod. 28-32). 
Kidnapping was made a crime (21 Exod. 16; 24 Deut. 7). 
Adultery. Adultery was prohibited by one of the primitive codes, but no penalty 
was prescribed (20 Exod. 14) ; but the death penalty for both parties was prescribed 
by both the Deuteronomic and the Priestly codes (22 Deut. 22-24 ; 18 Lev. 20 ; 20 Lev. 
10; 5 Num. 12-31). 
Rape. Rape was recognized as a crime by the Deuteronomic code only, and the 
penalty prescribed was death to the man (22 Deut. 25-27). 
Seduction. Seduction was treated by all the codes as more of a tort than a crime. 
In the primitive code the redress was marriage and payment of dowry (22 Exod. 16-17). 
