Sunday 26 April 2015
The Meaning of the Shema (Deuteronomy 6:4)
Monday 3 November 2014
The temptations of Jesus and Roman Law
In Roman law there was a mode of transfer of ownership called traditio. If you wished to make over a thing to me, you 'tradited' the thing to me, that is to say, you put me in possession, in control, of the thing, and the moment you had done this it became mine. As is to be expected, the Roman jurists had a great deal to say about what amounted to control, about what exactly was needed in various circumstances for control, and with it ownership, to pass from one party to the other. Everything would be clear, for example, if in order to pay you I took a coin and handed it over to you. You would now have command of the coin, traditio would manifestly be completed, the coin would therefore belong to you and my debt would be paid...Special problems arose in the case of land and buildings. Evidently, these cannot be delivered as simply as movables; they cannot be physically handed over by the former owner to the new like a horse or a sack of corn. In this dilemma, the Romans appear to have recognized a way of transferring control without a literal 'handing over'. More precisely, there appears to have been an ancient rule concerning land and buildings, to the effect that, provided you took me to the spot and pointed out the property to me, this counted as traditio: I acquired control and the transfer was good. It was not even necessary for me to step on the land or touch it with my hands: I might seize it, it was held, with my eyes.2
A form of traditio in which the thing to be transferred to the acquirer was placed with his knowledge and consent in his sight (in conspectu) so that he might take possession thereof whenever he pleased.3 4
when the property was indicated or pointed at, providing that it was within sight of the parties and capable of being taken at once into the transferee's control. This type of delivery was of obvious relevance in cases where the thing to be delivered could not easily be handled, e.g. land or heavy movables5
When God led [Moses] to the top of a mountain and from there showed him Palestine, he was not merely granting him a last personal wish, but was performing an act with a definite legal effect. God, the owner, pointed out the land to him, fines demonstrabat, indicated to him the boundaries of the territory, and thereby made him its sovereign.7
8 Again, the devil took Him to a very high mountain and showed Him all the kingdoms of the world and their glory; 9 and he said to Him, “All these things I will give You, if You fall down and worship me.” 10 Then Jesus said to him, “Go, Satan! For it is written, ‘You shall worship the Lord your God, and serve Him only.’” (Matthew 4:8-10 NASB)
5 And he led Him up and showed Him all the kingdoms of the world in a moment of time. 6 And the devil said to Him, “I will give You all this domain and its glory; for it has been handed over to me, and I give it to whomever I wish. 7 Therefore if You worship before me, it shall all be Yours.” 8 Jesus answered him, “It is written, ‘You shall worship the Lord your God and serve Him only.’” (Luke 4:5-8 NASB)
The other narrative containing the idea of transfer of land by pointing it out and seeing it, many centuries later than that of Abraham, is the narrative of the temptation of Jesus, with Satan's offer of all the kingdoms of the world...I am not suggesting that there is any emphasis on the legal points; all that I mean to say is that the notion of transfer of ownership by one party offering and pointing out the object and the other accepting and seeing it is here noticeable in the background. Indeed, it is no mere coincidence that the property to be transferred is here offered from a high place, as in the case of Moses and in that from the Digest where 'my vendor from my tower points out neighbouring land to me'. It would be easier thus to overlook the land, fines demonstrare. Satan was a good lawyer, and, incidentally, aware how attractive the glory of the world must look when you are so placed that you can take it all in at one glance: the transaction that he contemplated failed only through non-acceptance by the other party.9
Here the phrase 'as far as Zoar' refers to the southern end of the Dead Sea, which is not visible from the summit of Mount Nebo, because of the mountain range extending from the viewer's left that blocks the view such that only the northern part of the Dead Sea is visible. Moses was given a vision of the promised land in its entirety that no tourist today can see without ascending into the skies. Perhaps this fact helps to explain the subsequent tradition known as The Assumption of Moses, with its account of Moses being taken directly to heaven rather than dying a natural death. Jude 9 appears to refer to such a tradition, which was apparently well known in early Jewish circles. At any rate, it would require such an airborne experience for Moses to actually see all that the biblical text says he saw in his vision from the summit of Mount Nebo.12
1 Davies, W. (2000, April). A Gentle Hawk. Retrieved October 31, 2014, from http://www.law.berkeley.edu/library/daube/davies.html↩
2 Daube, D. (1969). Studies in Biblical Law. New York: KTAV Publishing, pp. 26-27.↩
3 Berger, A. (1968). Encyclopedic Dictionary of Roman Law. American Philosophical Society, p. 740.↩
4 See also Buckland, W.W. (2007). A Text-Book of Roman Law: From Augustus to Justinian. Cambridge University Press, p. 227.↩
5 Du Plessis, P. (2010). Borkowski's Textbook on Roman Law. Oxford University Press, p. 181.↩
6 Van der Merwe, C.G. & Du Plessis, J.E. (Eds.). (2004). Introduction to the Law of South Africa. Kluwer Law International, p. 215.↩
7 Daube, op. cit., p. 28.↩
8 Daube, op. cit., p. 39.↩
9 Daube, op. cit., pp. 35-36.↩
10 Bock, D.L. (1994). Luke 1:1-9:50. Grand Rapids: Baker Academic, p. 63.↩
11 This need not actually imply that the devil actually had this authority, since the devil is a liar (John 8:44; Revelation 12:9). However, for the offer to be tempting, the devil's claim would need to be at least credible. To this end it is worth noting that Jesus and the New Testament writers regarded the devil as having considerable power, to the point of being referred to as "the ruler of this world" (John 12:31; cf. Acts 26:18; 1 John 5:19; Revelation 2:13).↩
12 Christensen, D.L. (2002). Deuteronomy 21:10-34:12. Mexico City: Thomas Nelson, p. 871. Emphasis added.↩