THE CONSTITUTION

OF ANCIENT ISRAEL

A look at the facts by

Gary Ray Branscome

“When he [a ruler] sits on the throne, he shall write down… a copy of this law… And he shall keep it with him” (Deuteronomy 17:18-19).

Although citizens of the United States tend to think of a national constitution as something relatively new in the history of the world, that is not the case. The English have long described their government as a constitutional monarchy. However, their constitution, unlike the American Constitution, does not consist of just one legal document, but of all the laws and documents that frame their government, delineate the role of those who hold office, and limit the power of the king.

          Once that is understood, it should be easy to see that the Torah (the Law of Moses) was the constitution of ancient Israel. That one document not only framed their government, and delineated the roles of those who held official positions, but acknowledged God as the highest authority, defined rulers as His servants, and provided the entire nation with a unique identity. The purpose of this essay is to examine that constitution.

The Torah

Beginning with Genesis, the record of creation defines the God of Israel as the creator of Heaven and earth. The lineages then provide the ancestry of Abraham, and that is followed by a history of Israel that not only defines Israel as a people, but defines their relationship to God, and to neighboring nations.

          The twentieth chapter of the book of Exodus sets forth the Ten Commandments as the basic Law of the land [the law of the state, not the church]. And, those laws were written in stone because they apply to all mankind, and summarize the law written on the heart of man at creation. At the same time, the Sabbath Day commandment makes it clear that the God of Israel is the God who created all things in seven days.

          The verses and chapters following the Ten Commandments (Exodus 20:1-17) provide additional laws as well as precedents for the application of God’s Law. And, far from being oppressive the Ten Commandments are basic to the English and American system of law. In the eighth century, King Alfred, ruling in what is now England, included the Ten Commandments along with other precepts from the Law of Moses in the laws of his kingdom. Those laws became the basis of English common law, and later [especially as defined by Sir William Blackstone’s commentary] the American system of law. [Other European countries have legal systems based on Roman law.]

In his commentary Sir William Blackstone pointed out that the laws of God are superior in obligation to all other laws; that no human laws should be allowed to contradict them; that human laws are of no validity if they contradict God's laws and that all valid laws derive their force from the Divine original. Referring to this Biblical influence upon our law, lawyer and columnist David Limbaugh once said:

“Joe Farah made the excellent point that ‘The Ten Commandments form the very basis of Western law.’ We should be aware that other Biblical laws were also foundational to our system of jurisprudence.  In the Book of Exodus following the Ten Commandments are further laws, sometimes collectively referred to as the Book of the Covenant. As a lawyer I was fascinated to discover just how much of our law - torts, contracts, property and criminal law - is obviously traceable to this section of scripture.

Indeed, English jurist William Blackstone observed that the entire English legal system, including the jury system, the court system and the practice of oaths, was based on the Bible. The American legal system, of course, is based on the English system. U.S. Supreme Court Justice Joseph Story in 1829 wrote, ‘There never has been a period in which the Common Law did not recognize Christianity as lying at its foundations.’

Don't be fooled by the secular elite into believing that our Founding Fathers feared any intrusion of Biblical precepts into our governmental system.”

[Note: The distinction between first and second degree murder and manslaughter comes from Exodus 21:12-14 & Numbers 35:9-17, and our distinction between the executive, legislative and judicial function of government comes from Isaiah 33:22.]

 Church and State

The Law of Moses also laid out the design for a tabernacle, and established a priesthood. However, even though that religious system was established by law it was not supported by taxation, but by the people’s tithe. And, we know that tithe was not a tax because those who failed to pay (or skimped) were not punished by the government (Malachi 3:8). At the same time the synagogues and churches that came centuries later bear the imprint of that religious system. Like modern churches, the priesthood called the people to repentance, while [through various sacrifices] offering them God’s promise of forgiveness (Galatians 3:17-18). In addition, it was also the job of the priests to teach the people God’s Law (2Chronicles 15:3). And, some priests were to serve as judges (1Chronicles 23:3-4).

Centuries later — when the Jews first began to meet in synagogues — the layout and teaching function of the synagogues was patterned after that of the temple. For example, each synagogue had a box in the front that contained its scrolls. That box corresponded to the “Ark of the Covenant,” and in some synagogues it was where it could be seen, in others it was behind a curtain. In traditional churches that box remains but is wrongly called an “altar”.

Even though the Bible does not describe the Priest-led worship services held at the Temple, we know that they included prayers, psalms, Bible readings and instruction in God’s Word, because when the Jews who had been carried into Babylon began to worship in synagogues their worship services were patterned after those in the temple. Prayers would be read or recited by the congregation, psalms would be sung or chanted, portions of Scripture would be read with explanations, and the people were instructed in God’s Word (Luke 4:15-20). That formal style of worship has continued to our present day, it was the style of worship in the synagogues that Christ attended, and the ancient liturgies of the Christian church grew out of it.

In the synagogue a Rabbi took over the teaching role of the priest. On the Sabbath day he would lead worship, and during the week he would teach the boys to read and do math, instruct them in the laws of Israel, and have them memorize long portions of Scripture. For that reason, synagogues are said to have a threefold purpose: 1- a house of fellowship, 2- a house of worship, and 3- a house of learning. [The usurpation of education by the state is a departure from the Biblical roles of church and state.]

[Regarding the role of the priests as teachers and judges see: Leviticus 10:11, 2Chronicles 15:3, 1Chronicles 23:3-4, 2Chronicles 35:3, Deuteronomy 24:8.]

In the system established by Moses, the state was to be an instrument of God’s justice and wrath, while the church (priesthood) was to be an instrument of God’s mercy and forgiveness. Furthermore, the words, “I wanted mercy, not sacrifice,” tell us that the sacrifices God instituted were not works, but God’s way of giving all who had a repentant heart His promise of forgiveness in Christ – the same promise given to Abraham. As it is written, “If the inheritance comes by the law, it is not given by promise: but God gave it to Abraham by promise,” and that promise, “cannot be nullified by the law,” (Galatians 3:17-18). The biblical separation of church and state is violated whenever the power of the state is wielded by the church, used to keep God’s Word from the people, or used to punish and silence those who expose and condemn evil.

One Law for All

The constitution of Ancient Israel did not allow rulers to be above the law, or to rule with a double standard. On the contrary, rulers were required to follow the Law (Deuteronomy 17:14-20). And, the words, “You shall have one law, for both the foreigner, and for him who was born in the land,” tell us that foreigners were not allowed to ignore the laws of the land, nor were they to be denied the protection of law (Leviticus 24:22). [See Exodus 12:49, 22:21, Numbers 9:14, 15:15-16, 15:29-31.] Because the Law was to be applied equally, all bribes or gifts were condemned in no uncertain terms. [See Exodus 23:6-9, 1Samuel 8:3, Proverbs 15:27, Deuteronomy 16:19, 24:17.]

Slavery

One totally false and unfair claim is the claim that the Bible approves of slavery. Nothing could be further from the truth! Slavery only exists because of sin, and God has delivered His people from sin. For that reason, the words, “He who steals a man, and sells him, or is caught with him, shall surely be put to death,” pronounce God’s wrath upon anyone who engages in human trafficking (Exodus 21:16). It is true that in the culture of ancient Israel those who were bankrupt would sometimes agree to work for room and board for anyone who would pay their debt. However, the words, “If you buy a Hebrew servant, he shall serve six years: and in the seventh he shall go out free without paying anything,” limit that kind of servitude to a period of indenture (Exodus 21:2).

The Bible further restricts that sort of indenture by saying, “If your brother who lives with you has grown poor, and is sold to you; you shall not compel him to serve as a slave. But he shall be with you as a hired servant, and as a traveler, and shall serve you until the year of jubilee.  And then he shall depart from you, both he and his children with him, and shall return to his own family and return to the property of his fathers. For they are my servants, which I brought forth out of the land of Egypt: they shall not be sold as slaves. You shall not rule over him with harshness; but shall fear your God” (Leviticus 25:39-43).

Now it is true that God allowed His people to purchase slaves from the heathen nations around them. However, that was an act of mercy because those purchased were already slaves and bringing them into Israel could result in their salvation. [See Exodus 21:2-9, Leviticus 25:38-55, Deuteronomy 23:15-20.]

Choosing a Ruler

While the constitution of ancient Israel allowed God’s people to choose a king to head up the executive branch of government, the man they chose had to be subject to God, and rule in accord with the Law of God. In Deuteronomy 17: 14-20 Moses told them that: 1-any man they empowered to rule should be approved by God; 2- he should know how to read and write, and make his own copy of the Torah; 3- he should keep that copy of God’s Law before him and read from it regularly so that he would fear God and rule in accord with God’s Law; and 4- he should not think of himself as superior to his brethren (subjects), use his position to make himself rich, or do what was contrary to the Law of God.

However, when the children of Israel did ask for a king, God was not pleased because they were not asking for a constitutional monarch who would rule in accordance with the Law of God, but for a military dictator like those who ruled the nations around them. About that choice God said, “They [the people] have rejected me [God], that I should not be king over them… however solemnly warn them as to what the king who reigns over them will be like” (1Samuel 8:7-9). And. Samuel’s warning clearly reveals the fact that the people wanted a military dictator. Here is what he said, “This will be the way of the king who shall reign over you: He will take your sons, and put them to his use, in his chariots, on his horses; or running in front of his chariots. And he will appoint them for his use as captains over thousands, and captains over fifties; and will make them plant his ground, and reap his harvest, and make his weapons of war, and equipment for his chariots. And he will take your daughters to be perfumers, cooks, and bakers. And he will take your fields, and your vineyards, and your olive groves, even the best of them, and give them to his servants. And he will take the tenth of your grain, and of your vineyards, and give it to his officers, and to his servants. And he will take your menservants, and your maidservants, and your best young men, and your donkeys, and make them do his work. He will take the tenth of your flocks: and you will be his servants. And you shall cry out on that day because of your king that you have chosen for yourselves; and the LORD will not hear you on that day. Nevertheless the people refused to listen to the voice of Samuel; and they said, No; we will have a king over us;” (1Samuel 8:11-19).

What the children of Israel failed to realize was that God’s Commandments were their “Bill of Rights”. The commandment, “You shall not murder,” gave them the right to life (Exodus 20:13). The words, “He who steals a man, and sells him, or is caught with him, shall surely be put to death,” gave them the right to liberty (Exodus 21:16). And, the commandment, “You shall not steal,” gave them the right to their property (Exodus 20:15). If you read Samuel’s warning carefully, he is warning God’s people that a worldly king will take away those rights at will, taking their property and making them his servants.

Cities of Refuge

The constitution of ancient Israel called for six cities to be set apart as “cities of refuge,” and that plan was brilliant (Numbers 35:6). The idea was that a “slayer,” who killed “any person unintentionally,” could “flee there,” in order to avoid a possibly violent confrontation with local law enforcement (Numbers 35:11-14). The modern equivalent might be having the guilty party voluntarily turn himself into the police until his case could be heard.

Sacrifice and Willful Sin

Because, there are always some who try to abuse a sacramental system, thinking that they can sin willfully and then just bring a sacrifice (or partake of the Lord’s Supper) and get away with it: the New Testament warns those who partake of the Lord’s Supper with an unrepentant heart (1Corinthians 11:27-29), and the Law of Moses bars those who sin presumptuously from bringing sacrifice. As it is written, “The priest shall make atonement for the soul that sins ignorantly… But the soul that does anything presumptuously, whether he is born in the land, or a stranger, the same reproaches the LORD; and that soul shall be cut off from among his people… his iniquity shall be upon him” (Numbers 15:28-31). [Compare with Hebrews 10:26.] The Bible is not saying that someone who sins presumptuously can never receive forgiveness, David received forgiveness. But God’s promise of forgiveness is not for the unrepentant. [See Psalm 19:13, Deuteronomy 17:12-13.]

Conclusion

The real division in our society is not between left and right, but between those who love the biblical roots of our free government, and those who hate that biblical influence

I see no evidence that the Torah was viewed as a religious document (in the modern sense) before the Babylonian captivity. Up to that time is was just the law of the land. And, when The Torah (The Law) is viewed as a legal document, rather than a religious document its relevance to us, and its relationship to our own legal system, becomes much more obvious. Because its rules regarding cleanliness and diet had no punishments connected with them, they can be seen as health regulations, instituted for the people’s own good. And, while The Torah did contain laws calling for an establishment of religion [the laws regarding the priesthood, tabernacle, and sacrifices] what it says about God is historical fact (not religion).

If the children of Israel had implemented the form of government that God gave them they would have had a government far superior to any that existed at that time — a government that could be described as a republic [a government in which rulers must obey the law] or, with a king, a constitutional monarchy. And the men who founded our American government freely acknowledged the biblical roots of the government they founded. So the idea that the first amendment requires a total separation of all biblical influence from government is a satanic lie straight out of the pit of hell. That amendment was intended to protect the free exercise of our Christian beliefs, not restrict them, or exclude them from government.