CHILDREN IN THE LEGAL CODES OF PENTATEUCH
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Date
2018
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Doctor of Philoshphy, Faculty of Theology, Department of Theology, Sam Higginbottom University of Agriculture, Technology & Sciences Allahabad, U.P., India
Abstract
The research entitled, “Children in the Legal Codes of Pentateuch” investigates whether the
biblical laws in Pentateuch promote and protect children’s rights or not, using historical critical
method and insights from cultural anthropology. Concepts of children and childhood are
complex and ambiguous in the Hebrew Bible. The Hebrew terms studied reveal a socially
constructed category determined and shaped by family structure, socio- economic factors and
gender rather than specific chronological age. Children were also considered as property in the
ancient Israel as they were integral in carrying out the socioeconomic goal of family household
(bêt äb) and were frequently victims of exploitation, violence, slavery, sexual abuse and death.
Daughters were considered less valued than the sons because they were given to another family
and clan in marriage and thus, lost to their father’s household.
The Pentateuchal laws pertaining to different categories of oppressed children- slaves, fetus,
sexual abuse, incest, orphans and child sacrifice compel us to take notice of the atrocities that
are committed against children by adults. These laws were intended to promote and protect
children from abusive treatment from ‘womb to tomb.’ It signifies that children are human
persons in their own right and deserves basic rights and protections from any threat to their
personhood. Exodus 21: 22-25 regards the fetus as a person fully and show profound interest
on the sanctity of life for the unborn child. Exod. 21: 7-11(cf. Deut. 21:10-14; Lev. 25:39-43)
encouraged the humane treatment of daughters sold out of poverty, that they have certain
inalienable rights and protected her from sexual abuse and exploitation. Exod. 22:15-16 and
Deut. 22:28-29 concern with violation of a young girl sexually in a context where a deflowered
maiden is considered to be less marketable for marriage in ancient Israel. Lev. 18: 9-11(cf. Lev.
20:17-21) attempts to avoid and discourage incest as it deprives children of their dignity and
worth as created in God’s image. The biblical legislations of Exod. 22:21-23 (cf. Deut. 10:18;
24: 17-22; 26:12) defend the rights of the orphan and demand that the weakest members of
society receive the same justice and rights as the strongest. Deut. 18: 10-12; Lev. 18: 21 and
Lev. 20: 2-5 prescribe laws that protect children from sacrificing to gods in the name of religion
and out of their superstitious beliefs and, promotes and protects children’s right to life and to
live that life in all its fullness. The presence of similar texts, ideology and concerns for
protection of children suggests the possibility that aspects of the Ancient West Asian tradition
and texts were known and used in Israelite legal texts, though in some places they retained
those laws or made improvements upon them.
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The biblical laws demonstrate that children were not just property of parents with no legal
status but had rights and possess an intrinsic dignity and worth. The image of God reflected in
children is not recognized when they are exploited, oppressed, marginalized and silenced.
Shalom which carries the connotations of wholeness, healing and justice can be established
when children are not considered as an object but human persons in their own right. The
theological underpinnings on which these biblical laws are based are significant and relevant
for subaltern children in India who suffer much from violence, oppression and exploitation.
The divine concern for children in the legal texts can be translated into our context as a
theological imperative to ensure protection, sustenance, survival and provide an inclusive
theology that values, respects, accepts, welcomes and protects the rights of vulnerable
Subaltern children in India. Thus, holistic development, empowering, protecting and defending
the rights of children from ‘womb to tomb’ is crucial and inevitable challenge for the church
and imperative for its ministry and mission. The biblical laws call for positive or affirmative
actions by humanity as a whole to provide safety net for vulnerable children and build a childfriendly
world.
Description
Department of Theology, Faculty of Theology, Doctor of Philosophy
IN
Old Testament
Imlienla Ao
I.D. No. 11PHTH102
2018
Keywords
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