Universal Law
Moses' law on theft is stated in terms of oxen and sheep:
"If a man shall steal an ox, or a sheep, and kill it, or sell it; he shall restore five oxen for an ox, and four sheep for a sheep."
(Exodus 22:1).
If the Bible student did not already know that the Israelites
were a pastoral people, it might be possible to guess! Had the law
been delivered to an Inuit fishing village on the coast of
Greenland, where the land, covered by glaciers, affords no grazing
for oxen or sheep, would the law have been so stated? Might it not
have been more helpfully stated in terms of the theft of valuable
fishing equipment, or some other familiar theft-bait, rather than a
form of property unknown to the people?
Where is the maritime
law in the law of Moses: the law which specifies who has the right
to salvage derelict vessels abandoned at sea, who is at fault in
collisions, and the like? It is not there, not because God hates mariners, but because the Jews were not a
sea-going people. Had the law been delivered to Carthage, a sea-going power,
these matters would have been addressed in detail. Different nations
differ in their habitual occupations, situation and circumstance. There is no reason to think God expects all human
beings to tend herds of sheep. In some places the terrain is
unfavorable; it is not God who is ignorant that circumstances
differ, but men, and not even all of those.
You will not find, as a rule, either Jewish or Christian Bible
expositors who consider the law of Moses, considered as the legislation
binding upon a civil polity, to be a universal law,
mandatory for all peoples at all times in all places. One singular
exception are the 'theonomists' of the present day. There are a
number of reasons for the reticence on this point of the earlier
commentators. First of all, the law itself delimits
its own authority in phrases like,
“And the LORD spoke to Moses, saying, 'Speak to the children of Israel, and say to them: ‘When you come into the land which I give to you, and reap its harvest, then you shall bring a sheaf of the first-fruits of your harvest to the priest. He shall wave the sheaf before the LORD, to be accepted on your behalf; on the day after the Sabbath the priest shall wave it.”
(Leviticus 23:10-11).
So when and where is this law applicable, according to the most meticulous and punctilious
literalism: at all times and in all places, or "when you come into the land," just like it says?
The impulse to theonomy begins with sincere admiration for the law: "Justice, only
justice, must we follow, and it is not of man, but from the Lord and in
His law, not man's." (Rousas John Rushdoony,
Institutes of Biblical Law, Volume 2, 121. Justice and the Rule of Law,
Kindle location 10421). This law is assumed to be unchanging, indeed
unchangeable, because God does not change: "God's laws can no more be
repealed than God can be. They are a part of the constitution of
things." (Rousas J. Rushdoony, Institutes of Biblical
Law, Volume 2, Kindle location 13671, Section 158. The Tree of Life.)
Moses' theocratic polity lacked a
legislative branch, and therefore, they contend, it is blasphemy for man
to attempt to legislate: "A fact concerning biblical law which is seldom
realized is that God made no provision for a lawmaking body, because He
did not intend that there be one. We cannot understand the biblical
order if we fail to grasp the fact that God alone is the lawmaker. Men
cannot make laws without sinning, nor can judges add or subtract from
the law." (Rousas J. Rushdoony, Institutes of
Biblical Law, Volume 2, Kindle location 13312, Section 154, The Exercise
of Discretion). A closer study of exactly what the law says would have pointed to
difficulties with the concept that the law which came down at Mount Sinai
was ever intended to be universally applicable.
But what blows theonomy sky-high is the Sermon on the Mount. When
a theft takes place, to them, it is critical the community
prosecutes to the fullest extent of the law; that is what God wants,
in fact it's almost all He ever wants. So why is that not Jesus'
instruction? Well, they guess. . .because Judaea was under military
occupation; it's an anomaly, a temporary aberration! According to Rushdoony, the instruction to turn the other cheek was
a temporary expedient only applicable to a situation comparable to
the Roman military occupation of Judaea, where resistance was essentially
futile:
"What Jesus advocates is for Christians to bribe the offending official. A bribe is a gift over and above what is legally required or asked for—a gift which will encourage the offending party to leave the Christian and the church in peace.
. .In other words, the bribe pacifies the receiver, just as Solomon said it does. The ethic of the Sermon on the Mount is grounded on the principle that a godly bribe (of goods or services) is sometimes the best way for Christians to buy temporary peace and freedom for themselves and the church, assuming the enemies of God have overwhelming temporal power. Such a bribe must be given in good conscience in order to achieve a righteous end.
. . Nevertheless, this one fact should be apparent: turning the other cheek is a bribe."
(Rushdoony, R. J., The Institutes of Biblical Law, Vol. 1 (The Institutes of Biblical Law Series) (pp. 1185-1186). Chalcedon Foundation. Kindle Edition.)
One is hard pressed to imagine a more preposterous instance of
scripture-twisting. It accomplishes Rushdoony's object, which is that
turning the other cheek, as Jesus commanded, was admittedly obligatory for them,
but not for us. It gets erased. They are as far as the East is from the
West from being 'Red-Letter
Christians.' Moses brought down legislation from the mount, and so did
Jesus. Gospel authors like Matthew stress the parallels between Moses
and Jesus, but in this scheme, there is no parallel, because unlike
Moses, Jesus is not free to legislate. He can only repeat what Moses
already said. Tossing out the Lord's commands is not an option, but that is
just what they do.
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