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Isaiah condemns bought verdicts as a betrayal of the judicial duty protected by Hammurabi's laws. Bribery lets guilty people purchase the court's protection while denying it to the innocent, turning an office of justice into a source of profit.
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2500 BCE
1000+ CE
Code of Hammurabi 1:28
Babylonian Legal Text
Ancient Near East
4 If he convinces the elders to impose a fine of grain or money, he shall receive the fine that the case produces. 5 If a judge tries a case, reaches a decision, and presents his judgment in writing, and an error later appears in his decision through his own fault, he shall pay twelve times the fine he set in the case, he shall be publicly removed from the judge's bench, and he shall never sit there again to render judgment. 6 If anyone steals the property of a temple or of the court, he shall be put to death, and the one who receives the stolen goods from him shall also be put to death.
Isaiah 5:23
Hebrew Bible
22 Beware, those who are champions at drinking, who display great courage when mixing strong drinks. 23 They pronounce the guilty innocent for a payoff, they ignore the just cause of the innocent. 24 Therefore, as flaming fire devours straw and dry grass disintegrates in the flames, so their root will rot, and their flower will blow away like dust. For they have rejected the law of the Lord of Heaven’s Armies, they have spurned the commands of the Holy One of Israel. 25 So the Lord is furious with his people; he lifts his hand and strikes them. The mountains shake, and corpses lie like manure in the middle of the streets. Despite all this, his anger does not subside, and his hand is ready to strike again.
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Notes and References
“... 5:23. judges bribed in ancient Near East. As evidenced by the preface to the Code of Hammurabi (c. 1750 B.C.) and the statements made by the eloquent peasant in Egyptian wisdom literature (c. 2100 B.C.), the standard for behavior by those in authority is to protect the rights of the poor and weak in society. True justice (see Lev 19:15) is expected of kings, of- ficials and local magistrates. In fact the world turned upside down theme found in the book of Judges and in prophetic literature (1:23) describes a society in which “laws are enacted, but ignored” (for example in the Egyptian Visions of Neferti [c. 1900 B.C.]). An efficiently administered state in the ancient Near East depends on the reliability of the law and its enforcement. To this end every organized state creates a bureaucracy of judges and local officials to deal with civil and criminal cases. It is their task to hear testimony, investigate charges made, evaluate evidence and execute judgment (detailed in the Middle Assyrian Laws and the Code of Hammurabi). There are some cases, however, that require the attention of the king (see 2 Sam 15:2-4) and appeals are occasionally forwarded on to that highest magistrate (as in the Mari texts). The temptation for judges and government officials to accept bribes is found in every time and place (see Prov 6:35; Mic 7:3). Taking bribes becomes almost institutionally accepted in bureaucratic situations as competing parties attempt to outmaneuver each other (see Ezra 4:4-5; Mic 3:11). However, at least on the ideal level, arguments and penalties are imposed to eliminate or at least lessen this problem. Thus Hammurabi’s Code 5 places harsh penalties on any judge who alters one of his decisions (presumably because of a bribe), including stiff fines and permanent removal from the bench. Exodus 23:8 forbids the taking of bribes and the perversion of justice as an offense against God, the weak and innocent, and the entire community (see Amos 5:12). ...”
Walton, John H.
The IVP Bible Background Commentary: Old Testament
(p. 590) InterVarsity Press, 2000
* The use of references are not endorsements of their contents. Please read the entirety of the provided reference(s) to understand the author's full intentions regarding the use of these texts.
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