Chapter 1
RELIGION
A dictionary definition of religion is given:
An apprehension, awareness, or conviction of the existence of a supreme being, or more widely, of supernatural powers or influences controlling one's own, humanity's, or nature's destiny; also, such an apprehension, etc., accompanied by or arousing reverence, love, gratitude, the will to obey and serve, and the like; religious experience or insight; often, specif., that awakening of religious belief, convictions, etc., as in conversion; as, one without religion; man only is capable of religion; to get religion. Webster's New International Dictionary Unabridged 2105, (1948).
Earliest human kind undoubtedly worshiped the natural elements and even offered sacrifices varying from stones to members of the human kind to gain the favor of these deities or "gods", or to turn away the devastating wrath of such alleged deities or "gods". Thus, because there were so many natural phenomena, each one of which was controlled by a "god", it can be said in a general sense that early humankind was inclined to be polytheistic (many gods), which was exemplified in a structure built in Rome to worship all "gods" called the Pantheon.
MONOTHEISM
Over time, the polytheistic religions of the ancients slowly evolved or were revolutionized or evolutionized into the current forms of Eastern religions. However, of most importance to this work is the fact of the evolution, or revolution, that resulted in the current forms most recognized among Western religions, termed Monotheism, which can be defined as the belief in but one "God".
There is controversy among the host of religious scholars as to who was the first to advocate the "one God", that underpins present Western monotheism.
Some advocate that it was Amenhotep IV (Ikhnaton), who came into his reign around 1375 B.C.E. (Before the Common Era) (died mysteriously about 1358 B.C.E.) tried to establish a religion of universal monotheism based upon the solar disk, which was identified as Aton, whom Iknaton alleged was "the only god in existence". He alleged that "Aton was the author of the moral order of the world and the rewarder of men of integrity and purity of heart. He envisaged the new god as an eternal creator and sustainer of all that is of benefit to man, and as a heavenly father who watches with benevolent care over all of his creatures. Conceptions like these of the unity, righteousness, and benevolence of God were not attained again until the time of the Hebrew prophets some 600 years later." Western Civilizations, Edward McNall Burns, W.W. Norton Company, Inc., New York, Eighth Edition, 1973.
Further, about Amenhotep IV, it has been said:
"To his own nation he was afterwards known as 'the criminal of Akhetaton', but however much we may censure him for the loss of the empire, which he allowed to slip from his fingers, however much we may condemn the fanaticism with which he pursued his aim, even to the violation of his own father's name and monuments, there died with him such a spirit as the world had never seen before---a brave soul, undauntedly facing the momentum of immemorial tradition, and thereby stepping out from the long line of conventional and colourless Pharoahs, he might disseminate ideas far beyond and above the capacity of his age to understand. Among the Hebrews, seven or eight hundred years later, we look for such men, but the modern world has yet adequately to value or even acquaint itself with this man, who, in an age so remote and under conditions so adverse, became not only the world's first idealist and the world's first individual, but also the earliest monotheist, and the first prophet of internationalism---the most remarkable figure of the Ancient World before the Hebrews." Interpreting Western Civilization, Vol.1, 21, Brison D. Gooch, Ed., The Dorsey Press, 1969.
Therefore, contrary to today's widely held belief, one can with assurance at the very least give the full credit for the introduction of the "one god" idea to Amenhotep IV (Ikhnaton or Akhnoton), and most certainly not to the Hebrews.
THE LAW
Similarly, today it is commonly believed that the first codified "laws" were those given in first part, the Torah ("Law") of the three parts of the Hebrew Bible.
Torah is defined as:
The Pentateuch, or "Law of Moses."
The Hebrew Bible is divided into three parts: (1) The Torah, "Law", or Pentateuch. (2) The Prophets...(3) The Kethubim, or the "Writings," generally termed Hagiographs. Biblical law in general. Webster's New International Dictionary Unabridged 2671, (1948).
Pentateuch is defined as:
The first five books of the Old Testament, collectively...Webster's New International Dictionary Unabridged 1813, (1948).
The "Law" of Moses, regarded as the "Ten Commandments", which was allegedly given to Moses by a "God" on Mt. Sinai through the means of two stone tablets into which a "God" had carved the "Ten Commandments", thus the "Law of Moses" is commonly regarded as the ten commandments, which is given in the prevailing Jewish division as follows:
1st commandment: "I am the Lord..."(verse 2); this may be considered a preamble, implying the duty to believe in God:
2nd commandment: "You shall have no other gods beside Me. You shall not make for yourself a sculptured image..."
3rd commandment: "You shall not swear falsely..."
4th commandment: "Remember the Sabbath day..."
5th commandment: "Honor your father and your mother"
6th commandment: "You shall not murder"
7th commandment: "You shall not commit adultery"
8th commandment: "You shall not steal"
9th commandment: "You shall not bear false witness..."
10th commandment: "You shall not covet..." The Torah, A Modern Commentary, 534, W. Gunther Plait, ed., Union of American Hebrew Congregations, New York, (1981).
Of course, the "Law of Moses" (Mosaic Code) occurred long after the "oldest known of these ancient codes (Babylonian), that of King Kammurabi...It (Babylonian) is the oldest known legal code in existence, antedating the Mosaic code by at least a thousand years...and was compiled by a king living about 2300 B.C....Khammurabi (who) is generally associated with Amraphel, the contemprary of Abraham; and it cannot be questioned that these laws formed a part of the traditions which the Hebrews brought with them to their new home." The History of Mesopotamia, 498.
"THE CODE OF HAMMURABI
"Sometime in the 18th century B.C. five centuries before Moses ascended Mount Sinai to receive the law, the Babylonian king Hammurabi climbed the steps of the temple of Esagila in Babylon to erect a black stone stela, nearly eight feet high, inscribed with his laws for the kingdom. A relief carved at the top of the stone showed Hammurabi standing before the god of justice to receive his scepter as king and lawgiver. "Hammurabi styled himself 'the king of justice' who would 'promote the welfare of the people' and 'cause justice to prevail in the land' so that 'the strong might not oppress the weak.'
"Hammurabi's laws appear to be not so much a systematic and comprehensive code as a selection of the king's legal judgments. Numerous subjects such as homicide, arson, regulation of sales, and ordinary marriage procedures are hardly touched. The code seemed to assume the existence of a vast body of unwritten common law that regulated everyday life.
"Though not so extensive or well-preserved, similar codes of nations around Babylonia have been discovered, dating both before and after the reign of Hammurabi.
"In style Hammurabi's laws were all casuistic law, describing what was to be done in particular cases---for example, 'If a man accused another man and brought a charge of murder against him, but has not proved it, his accuser shall be put to death.' Cases of personal injury were judged by the 'eye for an eye' principle (lex talonis), except that distinctions in social class could modify the penalty. The code stated that "If a man of the upper class had knocked out a tooth of a man of his own rank, they shall knock out his tooth. If he has knocked out a commoner's tooth he shall pay one-third mina of silver.'
"Hammurabi's laws were quite different from the laws of Moses, although both had roots in the broad common law of the ancient Middle East. Hammurabi's code was royal law and did not bear the dominant religious stamp of Israel's law or claim to be a revelation of divine law. It did not blend religious and ritual requirements together with civil and criminal law, nor did it see that law as part of a covenant between God and the people." ABC'S OF THE BIBLE, 159, Reader's Digest, Pleasantville, N.Y., 1991.
To put this into perspective:
"The origin of the Hebrew people is still a puzzling problem. Certainly they were not a separate race, nor did they have any physical characteristics sufficient to distinguish them clearly from other nations around them.
"Most scholars agree that the original home of the Hebrews was the Arabian Desert. The first definite appearance of the founders of the nation of Israel, however, was in northwestern Mesopotamia.
"Apparently as early as 1800 B.C. a group of Hebrews under the leadership of Abraham had settled there. Later Abraham's grandson Jacob led a migration westward and began the occupation of Palestine. It was from Jacob, subsequently called Israel, that the Israelites derived their name. Sometime after 1600 B.C. certain tribes of Israelites, together with other Hebrews, went down into Egypt to escape the consequences of famine. They appeared to have settled in the vicinity of the Delta and to have been enslaved by the Pharaoh's government. Around 1300-1250 B.C. their descendants found a new leader in the indomitable Moses, who freed them from bondage, led them to the Sinai Peninsula, and persuaded them to become worshipers of Yahweh, a god whose name is sometimes written erroneously as Jehovah. Hitherto Yahweh had been the deity of Hebrew shepherd folk in the general locality of Sinai. Making use of a Yahwist cult as a nucleus, Moses welded the various tribes of his followers into a confederation, sometimes called the Yahweh Amphictyony. I was this confederation which played a dominant role in the conquest of Palestine, or the Land of Canaan." Western Civilizations, Their History and Their Culture, Edward McNall Burns, 75-6, 8th ed., W.W. Norton & Co., New York, 1973.
Thus, it should be understood that the Hebrews who migrated from Northwestern Mesopotamia carried with them the knowledge and the obedience to the laws of Khammurabi (Hammurabi) when they migrated to Palestine and then, later, to Egypt. Moses, who was raised and educated as a part of the Pharaohic royalty, and undoubtedly knew of Amenhotep IV (Ikhnaton)(c.1375 B.C.E. (Before the Common Era)-1358 B.C.E.) and monotheism based upon the solar disk, Aton, whom Iknaton alleged was "the only god in existence", thus was not only knowledgeable about the laws used in the governance of Egypt, but would have acquired knowledge of the laws of Khammurabi (Hammurabi) from the Hebrews in Egypt, and later from his father-in-law, Reuel or Jethro or Hobab, the priest of Midian (from whom Moses could also have learned of Yahweh and the "religion" surrounding that deity).
Therefore, the Mosaic Code was derived from the background of the common laws of the Middle East, the laws of Khammurabi (Hammurabi) acquired by the Hebrews in Mesopotamia, from the laws of Egypt and from their own experiences and thoughts, but the Mosaic Code was not the first codified law, nor was it entirely without contribution from the Code of Hammurabi and other sources.