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Deuteronomy

About this book
Chapter 19

1 When the Lord your God destroys the nations whose land he is about to give you and you dispossess them and settle in their cities and houses, 2 you must set apart for yourselves three cities in the middle of your land that the Lord your God is giving you as a possession. 3 You shall build a roadway and divide into thirds the whole extent of your land that the Lord your God is providing as your inheritance; anyone who kills another person should flee to the closest of these cities. 4 Now this is the law pertaining to one who flees there in order to live, if he has accidentally killed another without hating him at the time of the accident. 5 Suppose he goes with someone else to the forest to cut wood and when he raises the ax to cut the tree, the ax head flies loose from the handle and strikes his fellow worker so hard that he dies. The person responsible may then flee to one of these cities to save himself. 6 Otherwise the blood avenger will chase after the killer in the heat of his anger, eventually overtake him, and kill him, though this is not a capital case since he did not hate him at the time of the accident. 7 Therefore, I am commanding you to set apart for yourselves three cities. 8 If the Lord your God enlarges your borders as he promised your ancestors and gives you all the land he pledged to them, 9 and then you are careful to observe all these commandments I am giving you today (namely, to love the Lord your God and to always walk in his ways), then you must add three more cities to these three. 10 You must not shed innocent blood in your land that the Lord your God is giving you as an inheritance, for that would make you guilty.⁠ 11 However, suppose a person hates someone else and stalks him, attacks him, kills him, and then flees to one of these cities. 12 The elders of his own city must send for him and remove him from there to deliver him over to the blood avenger to die. 13 You must not pity him, but purge from Israel the guilt of shedding innocent blood, so that it may go well with you. 14 You must not move your neighbor’s boundary marker,28⁠ which will have been defined in the inheritance you will obtain in the land the Lord your God is giving you. 15 A single witness may not testify against another person for any trespass or sin that he commits. A matter may be legally established only on the testimony of two or three witnesses. 16 If a false witness testifies against another person and accuses him of a crime,⁠ 17 then both parties to the controversy must stand before the Lord, that is, before the priests and judges who will be in office in those days. 18 The judges will thoroughly investigate the matter, and if the witness should prove to be false and to have given false testimony against the accused, 19 you must do to him what he had intended to do to the accused. In this way you will purge the evil from among you. 20 The rest of the people will hear and become afraid to keep doing such evil among you. 21 You must not show pity; the principle will be a life for a life, an eye for an eye, a tooth for a tooth, a hand for a hand, and a foot for a foot.

Texts in conversation

Compare Code of Hammurabi §3 and Deuteronomy 19:16

Ancient Near East, Babylonian · Hebrew Bible

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Summary

Deuteronomy 19 follows established ancient Near Eastern legal traditions, found in the Code of Hammurabi, by judging false accusation by the punishment the witness intended. The Code of Hammurabi sets a precedent by making this its first law.

Passages

Code of Hammurabi §3

Ancient Near East, Babylonian · Babylonian Legal Text
When Marduk sent me to rule over men and to give the land the protection of justice, I did what was right and just and promoted the well-being of the oppressed. 1 If anyone accuses another of a capital crime but cannot prove it, the accuser shall be put to death. 2 If anyone brings an accusation against a man, and the accused goes to the river and leaps into it: if he sinks in the river, his accuser shall take possession of his house. But if the river proves him innocent and he escapes unhurt, the one who brought the accusation shall be put to death, and the one who leaped into the river shall take possession of his accuser's house. 3 If anyone brings an accusation of a crime before the elders and does not prove the charge, and the charge carries the death penalty, he shall be put to death. 4 If he convinces the elders to impose a fine of grain or money, he shall receive the fine that the case produces.
1750 BCE (scholarly estimate) Read in the Code of Hammurabi

Deuteronomy 19:16

Hebrew Bible
15 A single witness may not testify against another person for any trespass or sin that he commits. A matter may be legally established only on the testimony of two or three witnesses. 16 If a false witness testifies against another person and accuses him of a crime, 17 then both parties to the controversy must stand before the Lord, that is, before the priests and judges who will be in office in those days. 18 The judges will thoroughly investigate the matter, and if the witness should prove to be false and to have given false testimony against the accused, 19 you must do to him what he had intended to do to the accused. In this way you will purge the evil from among you. 20 The rest of the people will hear and become afraid to keep doing such evil among you. 21 You must not show pity; the principle will be a life for a life, an eye for an eye, a tooth for a tooth, a hand for a hand, and a foot for a foot.
750–400 BCE (scholarly estimate) Read in Deuteronomy

References

"... The law of retaliation as a punishment for false witnesses is also found in the Code of Hammurabi, a law code from 18th-century BCE Babylonia ... The Code of Hammurabi of Babylon, dating to ca. 1750 BC, begins with the necessity of having a truthful witness as its very first legal determination. ..."
Malka Strasberg Edinger, A Diligent Inquiry (Jewish Theological Seminary, 2018), 1–3.

References are not endorsements of their contents. Read each reference in full to understand its author's intentions in using these texts.

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Code of Hammurabi §3 and Deuteronomy 19:16

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