J. Duncan - M. Derrett, «Ἔνοχος (Mt 5, 21-22) and the Jurisprudence of Heaven.», Vol. 19 (2006) 89-97
Besides the normal meaning, ἔνοχος has special dimension in the Sermon
on the Mount. Unaware of this commentators missed a great opportunity.
95
Ἔνοχος (Mt 5, 21-22) and the Jurisprudence of Heaven
Moses (Ex 21,24; Lev 24,20; Dt 19,21) other considerations apply: why
injure anyone yourself, however obnoxious, even a non-Israelite? Suffer
injury (cf. 1 Cor 7,7) and yield in any civil suit. Similarly one should
not repudiate impressments. Those that beg are not to be refused, since
according to Jewish ideas, this too is an injury29; and to refuse a common
(non-commercial) loan likewise30. The beggar and applicant for such a
loan are equally children of God. Retaliation is sinful, even if the bet din
orders you to pay damage! The jurisdiction of an Israelite court can be
lame. Should one make gifts in the form of loans? How honest is this?31
(6) Love of Enemies
This is Jesus’s original injunction32. The pentateuchal command to love
the neighbour (Lev 19,18), supplemented by the prophetic command to
hate enemies of God (Ps 139,21-22), known to the enthusiasts of Qumran33,
is strange. How can love be commanded? The Asian mind distinguished
“liking†from “loveâ€: one identified to one’s clan-member, for society was
always collective (and in parts still is). Love of enemies and even praying
for them, would recognise that they too are children of God, a fact the
angelic auditors knew but terrestrial judges did (and do) not.
An example may illuminate us. Maimonides, consummate exponent
of Torah, asked what was the position where a sceptic, heretic, or gentile,
went to work in a pit, descending into it by a ladder. Could one remove the
ladder on the pretext of need to repair one’s roof? What if the sceptic, etc.,
suffocated? One is not liable34. Maimonides is aware of the jurisdiction of
Heaven. He follows b. Qidd. 91b and b. Sanh. 77a, but he is not influenced
by the cliché on which we depend35. Was not the man who withdrew the
ladder guilty in the eyes of Heaven? Maimonides does not say so. Jesus
insists one earns merit by treating the righteous and the wicked alike
(5:46) which of course the pious and the heathen and tax-gatherers agree
in not doing. There are pieces of the Pentateuch valid in Heaven (Lev
19,2; Dt l8,13) but not yet on earth.
Sifre on Deuteronomy §§ 116-17; Bonsirven, Textes §305.
29
Commercial transactions are rare without the profit motive. Note Lk 6,35. Nevertheless
30
the transactions here is a commodatum (Justinian, Digest 13.6, 3 §3). At Lk 11,5,8: δῶσει
represents χÏήσει.
Sifre on Deuteronomy § 116, trans. Hammer 262. Remember “Greek gifts†(Virgil,
31
Aen. II 49) and see Philo, Cher. 122-3; b. B.B. 9b, Ber 17a.
Davies-Allison (n. 48 below) 552. Marius Reisen, “Love of enemies in the context of
32
antiquityâ€, NTS 47/4 (2001) 411-27.
Josephus, B.J. 2.135,139,151-3; 1QS 1,10-11; cf. 1,4; 9,21-3.
33
Maimonides, Code XI.V.3,11; 4,10, trans. Klein (n. 6 above) 205, 208. “Blodd will be
34
required of him†can suggest a heavenly sentence.
Ibid., XI.V.2,2, trans. Klein 199.
35