Hebrew Legal Fictions and the Development of Deuteronomy
Scholars have long proposed that a subset of biblical laws in Deuteronomy 19–25 is rooted in an older collection of family laws. These laws include Deut 21:15–17, the case of a man with two wives; Deut 22:13–19, the case of a man who accuses his wife of adultery; Deut 22:28–29, the case of an assaulted virgin; Deut 24:1–4, the case of a two-time divorcee; Deut 25:5–10, the case of a widow and her negligent in-law; and several others. These and several other texts bear striking parallels to the Mesopotamian legal-pedagogical genre of fictional cases, however, suggesting that the biblical texts reflect an analogous group. Only later were these units supplemented and put to new ends, an act that created the illusion of a law collection in Deuteronomy.