Introduction The study of the ancient Near Eastern “ covenant” or “ treaty” has had far-reaching implications for Old Testament studies in general. The past decades have given to the biblical scholar data from covenant structure and vocabulary which shed light on the biblical text itself and upon the historicopolitical relations between the Israelites and their neighbors. Some have contented that covenant is the key word of Israelite faith and is best applied to the relation of the people with their God. Indeed, the continuity of the covenant structure, form(ularies) and to a surprisingly large extent, the language of these covenants is astounding, being common to the peoples of the ancient Near East from the fourth millennium down to the Hellenistic and Roman periods. We are not surprised, therefore, to see the influence of covenant structure and vocabulary upon the biblical texts itself and we must, in the process of exegesis, strive to determine the divine purpose for casting the eternal word in these forms.
Much work has been effectively done in the paralleling of the decalogue with the Suzerain- Vassel treaty form, known best to us from the Hittite treaties of Hattusas. Many have shown that the biblical record mapping the relations between יהוה and Israel is set in a Suzerain-Vassel treaty form, including the overall structure of Deuteronomy. Some have attempted to show similar parallels between the Abrahamic covenant and the Suzerain-Vassal treaty without much success. Too many differences exist between the classic “ Hittite” treaty and the Abrahamic corpus. Weinfeld, among others, has shown that the Abrahamic texts bear marked parallels to the Grant-type treaty in distinction to the Suzerain-Vassal type. It will be the purpose of this paper to summarize these parallels and suggest some exegetical implications.
The Identity and Structure of the Royal Grant Treaty in the Ancient Near East
Royal grant treaties or covenants have been found in Hittite, Babylonian and Neo-Assyrian texts and most recently in materials from Ras Shamra. They are particularly known from the Babylonian kudurru or boundary stones, texts which cover a period from B.C. 1450 to B.C. 550, i.e., the whole period of Babylonian history during which Boundary-stones were employed for the protection of private property. While the number of texts is not astounding, there are certainly sufficient number to establish a pattern of covenant form and to shed light on certain biblical texts as well.
King has suggested that the kudurru stones were employed at a time when the authority of the government was not sufficiently powerful to guarantee respect for the real estate of private individuals. Thus, to the documents of the Royal grant were added divine curses and the witness of the gods. The land was thus put under the protection of the gods in lieu of governmental protection. This would particularly apply to favored individuals who were asked by the king to settle among hostile populations. The first characteristic of the Royal grant is seen in the basic posture of the covenant. While in the Suzerain-vassal treaty, the rights of the Great King are guaranteed by the treaty, in the Royal grant the rights of a favored individual are protected. In each case, the curses are directed against any who would infringe upon the rights of the land owner.
This is an abrupt change from the Suzerain-vassal treaty which directed the curses toward a disloyal vassal. The royal seal likewise confirmed the rights of the one to whom the land was given. The king himself pledges his power to assure the reality of the grant. In one text, the seal is connected with an oath.
Furthermore, in the grant by Abba-El to a favored servant, the king does take the oath: “ (May I be cursed) if I take back what I gave you.” Thus, while the actual oath ceremony is not explicitly spelled out in the extant texts, the presence of the royal seal certainly demonstrates that the favored individual was the object of royal protection pledged by the king and demonstrated by his seal.
A second characteristic of the Royal grant is the fact that the loyal service of the favored individual is generally seen as the impetus for the grant. The grant of Ashurbanipal to his servant Bulta illustrates this:
Baltya . . . whose heart is devoted (whole) to his master, served me (stood before me) with truthfulness, acted perfectly (walked in perfection) in my palace, grew up with a good name and kept the charge of my kingship.”
The loyal service may prompt the giving of land or the exemption of taxes on land already owned. In either case, the king rewards loyal service.
A third characteristic of the Royal grant is that the gift of land and dynasty form the basic theme. The issue of land ownership in the ancient world was one of great importance, illustrated by the number of land-ownership documents extant. Furthermore, dynastic succession is inseparably tied to land ownership, in as much as the granted parcel of land becomes the property not only of the favored individual but also of his “ house,” i.e., family. Additionally, in many of the land grants, the gift consists not only of the land, but also of the houses, crops and peoples living on the land. The gift is given to all future generations of the favored recipient and is therefore seen as a perpetual inheritance. The common verbiage is “ he sealed it and gave it to him forever.”
Since the land parcel itself forms the central issue in the Royal grants, the description and surveying of the parcel is likewise standard. Witnesses, including those who have done the surveying, are listed. The land itself is described by natural landmarks, such as rivers or by listing owners of adjacent land tracs.
Finally, a regular element in the grant formulary is the identification and titulature of the king himself. These parallel other royal titulatures in other types of treaties and name the king with appellative modifiers as well as identifying the favored individual, often with a historical note as to his service and loyalty. There appears to be no necessary order, the titulature coming in the middle of the land description in one text. In another instance, a royal officer acts on behalf of the king, but at a later time the land owner successfully invoked the king to add his personal name and seal, ensuring the legality of the claim.
Parallels Between The Covenant of Grant and The Abrahamic Covenant
The parallels of the ancient Near Eastern Royal grant treaty to the Genesis texts of God’s dealing with Abraham seem apparent. While a danger may exist in the temptation “ to read Old Testament theology out of ANET instead of out of the Old Testament,” we may be assured that any understanding of a set, literary and legal form from the ancient world can only aid us in better understanding the biblical text.
The Abrahamic covenant is not so labelled until Genesis 15:18. In this introit of Genesis 12:1-3, all of the elements of the covenant are present. It functions as a prelude, each motif given in succinct fashion, awaiting embellishment and enlargement in the subsequent texts. Interestingly, the whole covenant section begins with Abraham going to possess a granted parcel of land in a foreign country. If the kudurru were particularly germane in a situation where governmental powers could not protect private land ownership, this situation makes the grant-type formula natural. Such a grant is given in abbreviated form in the phrase of Genesis 12:7: לְזַרְעֲךָ אֶתַן אֶת הָאָרֶץ הַזּאת, “ to your seed I will give this land.” There is a contrast, however. While Abraham could not rely upon an established government for protection and security, the King who is affording the grant is no common king. The requirement of faith comes into clear focus on this very issue: יהוה not only will keep His word, He has the ability to do so. Abraham is required to cast himself upon his God in an act of pure faith.
The promises which are included in this original statement of יהוה to Abraham envelope the whole scope of God’s redemptive covenant. Specifically for our purposes it is essential to note that the covenant is unilateral in its inception and that curses are given to protect Abraham, not to induce his loyalty or obedience ( מְקַלֶלְךָ אָאֹר אַבָרֲכָה מְבָרְכֵיךָ , “ I will bless those who bless you and the one cursing you I will curse.)
The final promise in this initial prelude is of course the most significant, for it is the promise of the Redeemer. This promise of universal blessing is listed last and occupies this same position where ever it is found in subsequent covenant texts. It would appear that this regular, final position is for emphasis.
This final phrase containing a universal blessing has given rise to debate. Some have concluded that the hithpael occurrences of הֶאֶמִן, should govern the niphal instances and that therefore a reflexive sense should be seen. Scharbert, on the basis of a set “ blessing-formula,” proposes “ then all the nations of the earth shall confer on themselves blessing under your name/with reference to you.” This interpretation is based upon the assertion that the T-stem of Semitic languages is rarely passive, a notion now unacceptable. In a decisive yet mostly unacknowledged article, Allis shows definitively that the T-stem demonstrates a marked tendency to be used as a passive. Furthermore, evidence is given in the same work to show that the passive use of a normally reflexive verb is not, contrary to modern criticism, reserved to late usage. Given the fact that the hithpael may indeed be used passively, that the Vulgate, Septuagint, and Targums (Samaritan, Babylonian [Onkelos] and Jerusalem [Pseudo Jonathan]) all take the niphal of Gen. 12:3 as passive, that the New Testament writers likewise consider the verb to be passive, there seems to be little evidence for taking the phrase as reflexive.
When in fact the passive sense is allowed to stand, the promise to Abraham is seen as the embodiment of יהוה ‘s plan of redemption. As such, it’s unilateral nature, initially seen in its affinity to the grant treaty, is all the more emphasized. The redemptive blessing to mankind is the ultimate promise and it is guaranteed as the gift of the King.
The material which follows this initial, covenant blessing only enlarges upon the promises. This unfolding of the covenant begins with a survey of the land (13:14ff) and Abraham is admonished to “ walk about the land through its length and breadth,” directly paralleling the surveying process of the Royal grant. Likewise, the perpetuity of the land grant is stressed in remarkably similar language (13:15).
Chapter fifteen of Genesis constitutes the covenant ratification ceremony. In it the promises of the covenant are restated, the land is specifically described by natural landmarks and by naming the adjacent lands and an oath ceremony is conducted. There are parallels to the grant treaty in each of these.
Initially, יהוה reminds Abraham that He stands as a Suzerain. The repeated motif of hardship and disaster following the promises of 12:1-3 emphasize the fact that Abraham existed in a land where he lacked the protection of a familiar city-state. His successful coalition with his neighbors and their concerted ability to ward off the kings of the north was in no way permanent. Spring would undoubtedly bring more battles and יהוה lovingly reminds Abraham that He would provide protection for His favored vassal.
The structure of the chapter may be marked by Abraham’s requests. The first (15:2) regards his lack of offspring and the second (15:8) his need of covenant assurance or validity that he would in fact be given the land and be allowed to possess it.
The first request draws our attention to the perpetual aspects of the grant; for if the favored individual has no offspring, much of the grant’s value is lost. Abraham, having received the promise of the land must have understood it as a perpetual grant, for he questions the propriety of passing the grant on to Eliezar. Abraham is promised offspring from his own body and the stars, like the dust previously (13:16) is given as ample illustration of the vastness of Abraham’s progeny.
Some, feeling the editorial nature of 15:6, have construed the verb וְהֶאֱמִן בָּיהוה, (” and he believed in יהוה” ) as delocutive, rendering it “ and he said, ‘Amen’ in יהוה‘s name),” paralleling it to the soldier’s “ amen” in the Hittite “ Soldier’s Oath.” This seems unlikely, however, since an oath during covenant ratification occurs in relationship to the curses. Here, the promises are explicit, but the curses are yet to be acted out. Moreover, there exists no evidence that such a response was ever practiced in either the Suzerain-Vassal or Grant type treaties. Further, the New Testament usage of Genesis 15:64 employs it as a transitive verb and not as a delocutive, following the LXX. Finally, the following בָּיהוה is difficult if הֶאֱמִן , is taken as a delocutive. The suggestion “ Declare Amen in יהוה ‘s name” on the analogy of Isaiah 65:16 does not take into consideration that אמן†in the hiphil followed by ב† regularly means “ to believe in.” The traditional, transitive sense is therefore the best. In light of this, the data simply do not commend the conclusion that Abraham is a participant in the oath-taking of the covenant. Nor is Abraham’s oath in 14:22 construed with the covenant ceremony of the following chapter.
The oath-taking in Genesis 15 is clearly presented as the sole work of יהוה. Abraham is put into a deep sleep (15:12) prior to the actual oath ceremony, even though the fact that he slaughtered the animals for the ceremony indicates he anticipated his personal participation. The text does speak of two objects, representing the presence of יהוה, passing through the pieces (v. 17). Weinfeld has shown direct parallels between braziers and torches and covenant ratification. Thus, in a kind of “acting out,” יהוה† pledges Himself to uphold the covenant at the risk of dismemberment. Nothing could more plainly signal the fact that in this covenant the Suzerain (יהוה) obligates Himself under oath to establish the covenant.
The conclusion of the chapter (vv. 18-21) is cast in formal, covenant language. The phrase בַּיּוֹם א כָּרַת יהוה אֶת אַבְרָם בְּרִית הָה, “ On that day, יהוה made a covenant with Abram” is the precise language of the grant. Likewise, in typical fashion, the land parcel is delineated by natural landmarks (rivers) and by the lands adjacent (listed by clans).
It should be noted that in this covenant ratification, the land has played the dominate role. While the covenant includes other blessings, such as a great name, innumerable progeny, protection and general blessing, in the ceremony itself the land-grant has all but eclipsed these promises. The reason seems clear—the author intends to cast the covenant in the tradition of a land-grant.
In Genesis 17, specific stipulations are added to the Abrahamic covenant. At first glance it may appear as though the promissory nature of the covenant is now clouded by conditions and stipulations more characteristic of a bilateral covenant.
The chapter opens with the promise of יהוה to establish (הקים) A stipulation, somewhat akin to the command to leave country and family in 12:1, is הִתְהַלֵךְ לְפָנַי וֶהְיֵה תָמִים, “ walk before me and be blameless.’ Similar phrasiology is employed in the grant treaties as a description of a loyal vassal or servant of the king. Here, it foreshadows the words of commendation at Mt. Moriah, where Abraham shows himself to be a blameless, loyal servant indeed (Gen. 22:16-17).
The ceremony of circumcision is likewise construed in this chapter as a stipulation of the covenant. All male covenant members are to be marked by this sign (vv. 9-10) and neglect constitutes a “ breaking” ( הפר ) of the covenant. In light of what has been said thus far, how are these stipulations to be understood?
First, the position of chapter 17 emphasizes that circumcision has primarily to do with the issue of the promised seed. The fact that Abraham attempted to establish the promise by Hagar (chapter 16) is immediately shown to be deficient by the events of chapter 17. The rite itself, involving the member of procreation, primarily teaches this aspect as well. God will establish His covenant by entirely above-human means. Therefore, the flesh must be done away with. This likewise makes the use of the divine name אֵל שַׁדַי (El Shaddai) significant, as regularly connected with the promise of progeny. Thus, in this context the promise of seed is emphasized above the other promises to the extent that circumcision rightly stands as the sign of the whole covenant (vv. 10-14). In these stipulations the text emphasizes the individualistic requirements of the covenant. Similarly, the Grant treaties, while unilateral and promissory in nature, still contained an element of reciprocity. Obedience and loyalty, for which the grant was given, were expected to continue in the future. What is more, while the favored individual could loose his rights to the covenant by his behavior, this could not alter the covenant as given to the future generations. As J. B. Torrance remarks, the unilateral covenant does not eliminate the need for response, but the obligations of love are not the conditions of love. Examples of this aspect exist in the extant grant treaties, as in the treaty between Hattusilis II and Ulmi-Tesup:
After you, your son and grandson will possess it, nobody will take it away from them. If one of your descendants sins (uastai-) the king will prosecute him at his court. Then when he is found guilty… if he deserves death he will die. But nobody will take away from the descendant of Ulmi-Tesup either his house or his land in order to give it to a descendant of somebody else.
The parallel to Leviticus 26:40-45 is unmistakable. Thus, like the grants, if Abraham or any of his descendants are disobedient, they will forfeit their rights in the covenant, but its established longevity cannot be altered. As Beecher has said:
. . . it is not difficult to solve the verbal paradox involved in thus declaring this promise to be both conditional and unconditional. So far forth as its benefits accrue to any particular person or generation in Israel, it is conditioned on their obedience. But in its character as expressing God’s purpose of blessing from the human race, we should not expect it to depend on the obedience or disobedience of a few. So we are not surprised to find passages in which the other aspects of the case appears. Israel may sin, and may suffer grievous punishment; but Israel shall not become extinct, like other sinning peoples. The promise is for eternity, and Israel shall be maintained in existence, that the promise may not fail.
All of these data give clear indication that we may take the Grant treaty as a pattern by which the Abrahamic covenant has been structured. This is not a rigid parallel, since the Genesis passages are not themselves legal documents but are narratives. Nevertheless, the basic components are evident, and the genre of the Royal grant seems quite handy as a tool to aid in a deeper understanding and more accurate interpretation of these pivotal texts.
An example of the way in which a study of this nature may aid the biblical exegete is in the meaning and interpretation of עוֹלָם† as found in the context of the Abrahamic covenant.
Some have attempted, on the basis of lexicographic data, to give עוֹלָם† a meaning “ for a long time,” not wanting to admit any sense of “ eternality.” It is readily admitted that on a strictly lexicographical basis, the meaning of “long time” is quite acceptable. However, in light of the preceding materials, עוֹלָם must be understood and interpreted by its use in the covenant formulary. As such, in the biblical covenant it functions in precisely the same way as the parallel terms in the secular treaties, denoting the eternal aspects of the grant. The emphasis of the grant is that nothing can change the ultimate purpose of the covenant, and this emphasis must likewise be allowed to come into the biblical exegesis. To argue that sin or disobedience has annulled or cancelled the Abrahamic covenant is to disregard the structure and pattern of the covenant itself. This is an excellent example of an instance where lexicography must be instructed by the literary genré in which the word is found. In this way, what was in the past claimed on the basis of theological extrapolation alone may now rest upon the very structure and meaning of the text as well.