or.
In view of all these similarities, the question naturally arises
whether the Babylonian legal system exerted any influence upon the
lawmakers of the Hebrews, for the resemblances are too close to be
explained entirely on the basis of coincidence. Those who admit some
relation between the two legislations are not in agreement as to the
nature of the connection. Some hold that there is direct dependence;
that the author or authors of the laws of the Pentateuch was or were
acquainted with the laws of Hammurabi, and made these laws the basis of
the Hebrew legislative system. The possibility of such dependence
cannot be denied. Surely, an acquaintance with the Code of Hammurabi
in the Arabian {200} desert or in Palestine at the time of the exodus
or later cannot appear strange in view of the evidence of the
Tel-el-Amarna tablets, showing that some time before the exodus
intercourse between Babylon and the West was frequent; that religious,
political, and literary influence was widespread, and that the language
of Babylon was the _lingua franca_ throughout Canaan. On the other
hand, there are those who believe that the parallels and analogies
between the two codes are due to the common Semitic origin of the two
systems. The Babylonians and the Hebrews were Semites, originally
dwelling in a common home. When they left this home they carried with
them their common traditions, laws, customs, and practices. In their
new homes they developed them and impressed upon them their own
individuality. The result among the Hebrews, determined in a large
measure by their peculiar religion, is seen in the legislation of the
Pentateuch, while the outcome in Babylon is best represented by the
Code of Hammurabi.
Which of these two explanations is correct it may be impossible to say
with absolute certainty. To me it seems that both contain elements of
truth. Sometimes the one, sometimes the other may be correct, while in
other cases the similarities may be due to coincidence. In any case,
the value of the Pentateuchal legislation remains {201} unaffected, for
it depends, not upon its origin or process of growth, but, rather, upon
its inherent spirit and character.
Attention may further be called to the existence in Babylonia of
stories showing almost startling resemblances to the accounts of the
creation of the world, of the origin of man and of sin, of a Deluge,
and other narratives contained in the first eleven chapters
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