Sermon on the Mount

The Principle of an “Eye for an Eye” – Matthew 5:38-42

The tradition of the Mosaic Law was a “one for one” retribution. In legal terms, this is known as lex talonis (law according to kind). A similar principle appears in the Code of Hammurabi, although Quarles points out lex talonis only applied to persons of the same social standing. Quarles, Sermon, 145. The Torah ideally applied to all people regardless of social standing, but it seems obvious from the prophetic books the poor did not receive the same justice as the wealthy.

Between the fall and the flood, there was no law and people sought justice through unparalleled blood vengeance. For example, Genesis4:23-24 implies vengeance could be ten-fold. After the flood God instituted human government to control anarchy and capital punishment for murder.

The Mosaic Law used the principle of compensation for a loss, using the phrase “eye for an eye” (Exod 21:23-24; Lev 24:19-20; Deut 19:21). Although it sounds harsh, the goal of this legal principle was to prevent excessive penalties and uncontrolled vengeance (Pennington, Sermon, 197) but also excessive leniency for the wealthy or powerful (“you must not show pity”) (Quarles, Sermon, 145). It was possible for a wealthy, elite person to demand a harsh penalty against a poor person, or for a wealthy person to avoid a harsh penalty because of their status in the society. “Eye for an eye” insures all people are treated fairly in the legal system.

By the time of Jesus, the “eye for an eye” principle was expanded to include monetary compensation for loses (Josephus, Ant. 4.8.35, §280). If someone was injured they had a legal right to monetary compensation from the one who injured them. This is probably the most basic sense of morality humans share. If someone harms you, you have a right to get “pay back.” Nobody teaches children to behave this way, yet when children argue they follow this principle. If someone does it to me, it is therefore right for me to do it back to them.

Even though “eye for an eye” was a legal principle, total retaliation was not common in Second Temple Judaism. In fact, there are many examples of Second Temple texts which recommend forgiveness and living in harmony with outsiders. Consider Sirach 28:1-8, for example. God is the one who keeps accounts of wrongs, therefore the wise person forgives their neighbor and does not harbor anger toward someone who does them wrong.

Sirach 28:1–8 (NRSV) The vengeful will face the Lord’s vengeance, for he keeps a strict account of their sins. 2 Forgive your neighbor the wrong he has done, and then your sins will be pardoned when you pray. 3 Does anyone harbor anger against another, and expect healing from the Lord? 4 If one has no mercy toward another like himself, can he then seek pardon for his own sins? 5 If a mere mortal harbors wrath, who will make an atoning sacrifice for his sins? 6 Remember the end of your life, and set enmity aside; remember corruption and death, and be true to the commandments. 7 Remember the commandments, and do not be angry with your neighbor; remember the covenant of the Most High, and overlook faults. 8 Refrain from strife, and your sins will be fewer; for the hot-tempered kindle strife.

Although the date of 2 Enoch is uncertain, the writer of the book expresses a similar view. Since God will provide justice on the Day of Judgment, the wise person ought to live in “peace and harmony.”

2 Enoch 50:2-6 Now therefore, my children, live in patience and meekness for the number of your days, so that you may inherit the endless age that is coming. 3 ‹And› every assault and every wound and burn and every evil word, 4if they happen to you on account of the Lord, endure them; and, being able to pay them back, do not repay them to ‹your› neighbor, because it is the Lord who repays, and he will be the avenger for you on the day of the great judgment. 5 Lose gold and silver for your brother, so that you may receive a treasure (not) according to flesh on the day of judgment. 6‹And› stretch out your hands to the orphan and to the windows, and according to (your) strength help the wretched, and they will be like a shelter at the time of the test.

This principle of non-retaliation was part of the oath made by the Qumran community. Once again, the wise person does not cling “sustain anger” with unjust people, but they await God to judge them on the “day of vengeance.”

1QS 10.19-21 I {shall not sustain angry resentment for those who convert} /shall not be involved/ in any dispute with the men of the pit /until the day/ of vengeance. However, my anger I shall not remove from unjust men, nor shall I be appeased, until he carries out his judgment. I shall not sustain angry resentment for those who convert from iniquity, but I shall have no mercy or all those who deviate from the path. I shall not comfort the oppressed until their path is perfect. I shall not retain Belial within my heart.

This is also Paul’s view in Romans 12. In verse 16 he tells his readers to live in harmony with one another and in verse 19 he says “never avenge yourselves, but leave it to the wrath of God, for it is written, ‘Vengeance is mine, I will repay, says the Lord.’”

As with the other examples from the Law in the Sermon on the Mount, Jesus wants his disciples to reflect the heart of God revealed in the Law. Rather than seek revenge for perceived damages, Jesus’s people ought to set aside their rights in order to serve one another in humility. Jesus himself is the best example of setting aside rights to serve. In John13 he humbly serves his disciples by washing their feet in order to demonstrate how they ought to serve one another. In Mark 10:45 Jesus says he did not come to be served, but to serve others by giving his life as a ransom for many.

How should we push “setting aside one’s rights”? Can a Christian live out this principle as they play sports? Does this apply to Christians bringing lawsuits against one another? Against no-Christians? Does this apply only to interpersonal relationships, or does it extend to business ethics? How does one “do business” and live out the ideal of non-retaliation?

The Offense of Jesus’s Teaching on Adultery and Oaths

Perhaps an audience of Jewish listeners would have resonated with Jesus’s statements on murder (5:21-26) and adultery (5:27-30). At least in principle everyone can agree that anger and lust are the internal motivations for the external sins of murder and adultery. Even if one is not a follower of Jesus, controlling anger and lust is a positive and healthy goal. Greek philosophy encouraged people to balance their passions and to be in control of their inner thoughts.

But when Jesus taught on divorce and oath-making, he was challenging accepted practices of the Jewish world of the first century. It is likely few people who heard Jesus teach were adulterers and maybe no one was a murderer. But divorce was a far more common issue and everyone has made a promise or two they regretted and would like to have a legal way out of their oath. For some in the original audience, Jesus has moved from preaching to meddling.

After writing over one hundred pages on Jesus’s view of divorce, John Meier comments his prohibition of divorce would have disturbed his otherwise sympathetic listeners (Marginal Jew, 3:182). The same is true for his prohibition of oath-making in Matthew 5:33-37. As Meier points out, no Jewish teaching in the first century completely prohibited making oaths and vows. Even the closest parallel to Jesus, the Essenes, swore vows to obey the rules of the Community. The Pharisees would have reacted strongly to Jesus’s teaching on both divorce and oath-making (Meier, 3:205). Unfortunately we do not have their side of the argument, nor does Jesus explain his rationale for making these sweeping prohibitions.

It would appear the earliest Christians either did not know Jesus’s prohibition on oaths or they interpreted it differently. Paul made oaths in his letters. For example, 1 Corinthians 1:23, God calls on God as a witness, more or less swearing his claims are true by invoking God! Similarly, in Philippians 1:8 he says “with God as my witness.” The book of Acts appears to describe him taking a Nazarite vow (Acts 18:18) and later participating in the conclusion of vows (Acts 21:26). The writer of Hebrews refers to swearing an oath by something greater (6:16). Although the command against oath making was taken literally in the early days of the church, by the Middle Ages “the entire tradition of the major churches has almost uniformly disregarded Matt 5:33-37 and accepted oaths, even if it often did so with a bad conscience” (Matthew 1-7, 267–268).

So Jesus says “do not swear an oath at all” and the rest of church history figures out ways around the command. In his recent commentary on the Sermon on the Mount, Jonathan Pennington says “Jesus is not overturning or abolishing the original commandment. He is not opposed to oath or vow making” (293). Charles Quarles argues Jesus prohibited “misleading oaths” intended to allow a person to break their promise if it was to their advantage (Sermon, 144). For Pennington, oaths and vows can be made only if the disciple of Jesus intends to fulfill them.

Perhaps.

These interpretations allow Christians to serve in the military (which demands oaths) or give testimony in court, or even have a mortgage, which is more or less an oath to pay back a loan. Modern society demands oath-making, so we have to find some way to deal with Jesus’s actual words. Modern society demands the possibility of divorce, so we need to find a way around Jesus’s actual words.

But did Jesus intend for his disciples to find ways around his words when modern culture finds them too inconvenient? I would suggest the ideal disciples of Jesus honor marriage in such a way that divorce is not an issue; the idea disciple honors truth to the point there is no need for making an oath. For the ideal disciple of Jesus, all their words are “with God as my witness.”

Do Not Make Oaths at All! – Matthew 5:33-37

As demonstrated above, there was a great deal of discussion within Second Temple Judaism on the issue of making oaths and vows. Rather than define what sorts of circumstances would allow for an oath or vow could be set aside, Jesus tells his disciples to no swear oaths of any kind. Craig Keener summarizes Jesus’s teaching here as “oaths are a poor substitute for integrity” (Matthew, 192).

Truth MemeSince the Law is clear God’s name cannot be used to guarantee an oath, the Jewish people would swear by other things, with varying degrees of surety. A Greek might swear by any number of gods. In the treaty of Corinth. For example, “I swear by Zeus, Gaia, Helios, Poseidon, Athena, and Ares, by all gods and goddesses, that I will maintain peace and will not break the treaties concluded with Philip of Macedon.” The Hippocratic Oath began with the words “I swear by Apollo the physician, Aesculapius, and Health, and All-heal, and all the gods and goddesses…” By invoking the name of a god the person making the oath is calling on the god to judge them if they break their word.

Jesus forbids swearing by heaven, earth or Jerusalem as well as searing by “your head.” In Matthew 23:16-22 Jesus implies the Pharisees also swore by the temple, the altar. In each case someone is substituting something for swearing by the name of God. For Jesus, any substitute for God in an oath is just as binding as swearing by God’s name.

Swearing by one’s head may refer to one’s own life. A similar phrase appears in the Mishnah:

m.San 3:2  [If] he said to him, “If one litigant said to the other, ‘I accept my father as reliable,’ ‘I accept your father as reliable,’ ‘I accept as reliable three herdsmen [to serve as judges],’ “R. Meir says, “He has the power to retract.” And sages say, “He has not got the power to retract.”  [If] one owed an oath to this fellow, and his fellow said, “[Instead of an oath], take a vow to me by the life of your head,” R. Meir says, “He has the power to retract.” And sages say, “He has not got the power to retract.”

The problem with swearing by something is that breaking the vow not only dishonors the vow maker, but also the name (or thing) invoked (France, Matthew, 250). Jesus quoted the first part of Leviticus 19:12, the second have says the one who swears falsely “profanes the name of the Lord.” If one “swears to God” to do something and the oath-maker fails, the God himself is dishonored.

Rather than guaranteeing one’s word by swearing an oath, Jesus demands his disciples be truth-speaking people. The true disciple of Jesus speaks the truth and keeps their word when they give it. If someone is committed to the truth then their word will be respected and there is no need for an oath.

How can the disciple of Jesus live out this ideal of speaking the truth? Ulrich Luz points out “Once again the history of the text’s interpretation is characterized by attempting to remove the text’s sting and to soften it or to evade its demand” (Luz, Matthew 1–7, 266). The problem of “never swear an oath” is that virtually every society requires some sort of oath-making. This may be legal or economic. For example, if one gives testimony in a court case one must swear they are telling the truth. Any business relationship requiring payments is more or less an oath to pay off a debt by a certain time. Could a society function without legally binding contracts?

Most interpreters therefore argue Jesus is forbidding the sorts of frivolous oaths permitted by the traditions of the Pharisees. Pastors might extend this to flippant use of God’s name (“I swear to God…”)

It is also possible Jesus has in mind the used of God’s name in magical incantations. It was common in ancient cultures to use a god’s name in magical curses or blessings. Later magical papyri use Yahweh, Jesus, and other Christian “power words,” in modern swearing the speaker is using God’s name to invoke a curse on another: “God damn it” is calling on God to curse someone.

These are certainly appropriate applications of the respect for the name of God based on the commands of the Torah. But is this what Jesus is talking about in Matthew 5:33-37? He is demanding his disciples be known as people of integrity, people who can be trusted to keep their words so that their “yes” is just as certain as someone who has sworn an oath by the gold of the Temple.

Unfortunately, Christians do not live up to this level of integrity. Many are willing to ignore the truth if it furthers a political agenda, many are willing to state outright lies in order to score points in a public debate. Although philosophers might have debated the nature of truth for a long time, recently the American public has endured alternative facts, different interpretations of events, and errors or obvious falsifications presented as truth. Five minutes on Facebook will show that both sides of the political landscape are comfortable telling lies if it makes the other side look worse.

As Christians, we are to be people of integrity, people worthy of trust, but some of the worst lies I have read come from people who claim to follow Jesus. But it is not just politics (or what passes for political dialog today), Christians lack integrity in other areas as well. How do Christians fail to be people of integrity? Can someone regain a reputation for integrity?

Making Oaths in the Jewish World – Matthew 5:33-37

The Law permitted swearing oaths. In Matthew 5:33, Jesus quotes the first part of Leviticus 19:12 along with Numbers 30:2 and (possibly) Deuteronomy 23:21. Oaths were used in both legal and religious contexts. A promise between two people might include oaths. One vivid example is David swearing an oath to Bathsheba that her son would be the next king (1 Kings 1:29-30).

Witness swearing on the bible telling the truth in the court room

A vow often follows the form of “if, then.” A person might make a vow to God asking him for something. If God acts, the worshiper would then fulfill their vow. In 1 Samuel 1:1-11 Hannah makes a vow to God: If God gives her a child, she will dedicate that child to the Lord as a Nazarite.

The Law recognized the possibility of a rash vow. In Leviticus 5:4-6 the one who has made a rash vow can confess their sin and makes an appropriate sacrifice. The judge Jephthah is well-known for making a rash vow (Judg 11:30-31).

In the Mishnah, there is an entire section on vows, Nedarim. (The Hebrew word נֶדֶר, neder means “vow.”)

Nedarim 3:1 “Four [types of] vows did sages declare not binding: (1) Vows of incitement, (2) vows of exaggeration, (3) vows made in error, and (4) vows [broken] under constraint.”

This section of the Mishnah includes a series clarifications on how vows are interpreted, such as “He who vows not to drink wine is permitted to eat a cooked dish which has the taste of wine” (6:7) and “He who takes a vow not to have wine is permitted to have apple wine” (6:9). There is a discussion of loosing a vow in particular circumstances, such as “They unloose [vows] by reference to festival days and Sabbaths. At first they said, “On those particular days [the vows] are not binding, but for all other days they are binding” (9:6). A father may loose the vow of his betrothed daughter (10:1, the rest of the section discusses how that passed to various people if the father dies, lest the poor girl keep her own vows!)

There is a remarkable parallel in 2 Enoch 49:1-3. The writer of this paragraph emphasizes speaking the truth as opposed to swearing an oath. A potential problem with 2 Enoch is the possibility the text has been influence by the words of Jesus in the transmission process.

2 Enoch 49:1-2“For I am swearing to you, my children—But look! I am not swearing by any oath at all, neither by heaven nor by earth nor by any other creature which the Lord created. For ‹|the Lord|› said, ‘There is no oath in me, nor any unrighteousness, but only truth.’ So, if there is no truth in human beings, then let them make an oath by means of the words ‘Yes, Yes!’ or, if it should be the other way around, ‘No, No!’

The wisdom literature has much to say about keeping one’s word. For example, Ecclesiastes 5:8, “When you vow a vow to God, do not delay paying it, for he has no pleasure in fools.” Sirach 41:19 considers breaking an oath as shameful as bad manners: “Be ashamed of breaking an oath or agreement, and of leaning on your elbow at meals” (NRSV). Likewise, Sirach 18:22-23 says:

Sirach 18:22–23 (NRSV) Let nothing hinder you from paying a vow promptly, and do not wait until death to be released from it. Before making a vow, prepare yourself; do not be like one who puts the Lord to the test.

The Qumran Community reach a similar conclusion to Jesus. Lacy K. Crocker, points out “The Temple Scroll, however, based on an interpretation of Deuteronomy 23:21–23, emphasizes that it is better to abstain from making a vowing in order to avoid committing a transgression by failing to fulfill one’s vow” (see Josephus, JW 2.135 for the rejection of oaths by the Essenes.)

The point here is that there was an ongoing discussion at the time of Jesus over what constituted a binding oath and how one might get out of a vow if necessary. Some writers thought an oath could be made in such a way as to allow for a way out. Others warn against this sort of maneuvering as coming too close to breaking an oath to risk the wrath of God. Better to avoid making oaths at all.

But at the core of keeping one’s oaths is simple honesty. If someone does not keep their promises, they are dishonest. That Jesus would demand his disciples speak the truth is no surprise, he is standing on the Hebrew Bible. In Zechariah 8:17, the Lord himself declares “love no false oath, for all these things I hate.”

Before looking at the details of Jesus’s words on oaths, it is worth pausing and asking what it means to me “people of the truth.” Is telling the truth something which is non-negotiable for the disciple of Jesus? What about a foolish oath? Or a promise made without all of the information? What about saying something to win an argument which is not entirely true (but not totally false either). Can the true disciple of Jesus tolerate deception even if the results are positive? Think about the average Facebook post in these politically troubled times. Can the disciple of Jesus really resort to “alternative facts”?

Divorce in the Old Testament

Divorce was not commonplace in Israel and there are no examples of divorce in the narrative portions of the Hebrew Bible. A husband might divorce his wife for any reason, but in practice childlessness and adultery are the two chief causes of divorce. In most cases childlessness is dealt with through a second wife or a concubine rather than divorce. For example, Abraham and Hagar (Gen 16), Jacob and Bilah (Gen 30:1-8), Elkanah and Penniah (1 Sam 1). So what does the Bible say about divorce?

Deuteronomy 24:1-4 is the only divorce text in the Law, but there was considerable diversity of opinion on how to interpret the “shameful thing” Deuteronomy 24. The problem in Deuteronomy 24 is the definition of “indecency” (ESV). This was the subject of sometimes fierce debate among teachers of the Law within the Pharisaical tradition. The Hebrew word (עֶרְוָה) refers to something shameful (such as nakedness), but it is used often for sexual sin (Lev 18:6-19 uses this word 24 times for sexual sins, “to uncover the nakedness”).

Divorce papersBy the first century, there were two views on the meaning of the “shameful thing.” One view followed the great rabbi Shammai and understood this to refer to a women was caught in adultery or found not to be a virgin at marriage. Only in this case was a man permitted to divorce his wife. This is the situation Joseph was in when he discovered his betrothed wife Mary was already pregnant. He wanted to “divorce her quietly” not only because he was a righteous man, but also because the situation would have been cultural shameful to him.

The other view followed the rabbi Hillel and taught that man could divorce his wife for any reason. The phrase “indecent” was interpreted as “find favor,” thus if the wife no longer finds favor in the husband’s eye she could be divorced. Hillel said if a wife ruined dinner, a man could write a certificate of divorce.  There is not much evidence this ever happened, but the point is Hillel permitted divorce for reasons other than adultery.

M.Git 9:10 And the House of Hillel say, “Even if she spoiled his dish, “since it is said, ‘because he has found in her indecency in anything.’” R. Aqiba says, “Even if he found someone else prettier than she, since it is said, ‘and it shall be if she find no favor in his eyes.’” The Mishnah goes further, allowing for divorce if the wife becomes deaf (m.Yebam 14:1), if she develops epilepsy, tetanus, warts, or leprosy, or failed in her duties about the home. In addition, a man can divorce his wife if she has a physical deformity, including a wedge shaped head, a turnip shaped head, or even if she has poor posture and thinning hair! As one might expect, the woman does not have the same right to divorce her balding, warty husband.

One potential check on divorce was that most marriages were arranged by the parents and wedding contracts protected the wife from an easy divorce (return of dowry, a penalty if adultery was not a factor). If a man made a frivolous charge against his wife in order to divorce her, he was liable to be sued and lose reputation and honor, as well as paying penalty to support his ex-wife. Until the first century A.D., even Roman women rarely were able to divorce their husbands.

Divorce was discouraged in the wisdom tradition. Proverbs 5:15-20 and Ecclesiastes 9:7-10 develop this creation mandate to encourage the person of wisdom to enjoy their spouse exclusively. In addition, the Song of Solomon 8:6-7 praises exclusive love within a marriage. The Second Temple period wisdom literature was more direct. Written about 200 B. C., Sirach 7:19 and 7:26 is a warning against a hasty divorce, yet 25:25-26 permits a man to divorce an “evil wife.” These sayings are directed at the husband, it is almost certain Sirach would not have expected a woman to divorce her husband.

Sirach 7:19 (NRSV) Do not dismiss a wise and good wife, for her charm is worth more than gold.

Sirach 7:26 (NRSV) Do you have a wife who pleases you? Do not divorce her; but do not trust yourself to one whom you detest.

Sirach 25:25–26 (NRSV) Allow no outlet to water, and no boldness of speech to an evil wife. If she does not go as you direct, separate her from yourself.

Jesus does not follow the trajectory which resulted in the any-reason divorce. Rather he seems to focus on the positive view of marriage in which partners are devoted to one another for life. How does this background help understand Jesus’s teaching on divorce in Matthew 5:31-32?