John H. Hayes

Interpreting Ancient Israelite History, Prophecy, and Law


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realities of early Israel were being subject to intense methodological scrutiny. Hayes’s work captured the major criticisms that precipitated this change, assessed their weight, and, rightly, pronounced the collapse of the older theory. By comparing this essay with the preceding examination of Wellhausen, readers can identify important ways in which Noth both built upon and moved beyond Wellhausen’s approaches. Moreover, this essay once again embeds a seminal figure and theory within the context of the wider interpretive trends that preceded and gave shape to more well-known formulations.

      The final three articles in this collection relate to Hayes’s work on the legal texts in the Hebrew Bible, exemplified throughout his teaching career by his popular graduate seminars on Leviticus and Deuteronomy. “Restitution, Forgiveness, and the Victim in Old Testament Law” originated in 1982 as part of a Festschrift for a retiring colleague at Trinity University and appeared in Trinity University Studies in Religion. Given his colleague’s interest in Christian ethics, the article adopted an explicitly ethical engagement with the Hebrew Bible laws concerning cases between persons, and it remains a suggestive model of what such engagement may look like. Hayes proposed that the focus of the Hebrew Bible’s formulations in such cases was primarily, if not solely, on the restoration of the victim rather than the punishment of the perpetrator. The article once again exemplifies the effort to embed such analysis within the reception history of the relevant laws, with a special eye to post-biblical Jewish writings.

      The remaining two articles in the volume offer a similar reexamination of the interpretive issues connected with the long-standing scholarly notion of covenant and its origins within ancient Israelite culture and the biblical literature. The first article originated as the dictionary entry for “Covenant” in the Mercer Dictionary of the Bible (1990). Following his thick-description approach to the history and formulation of such concepts, Hayes offered a general survey of covenant as both a term and idea within the Hebrew Bible and its ancient Near Eastern background. The discussion remains one of the clearest surveys of the concept, which stresses the diversity of the ways covenant was understood and employed. Moreover, Hayes advanced a theory that remains significant for current study of covenant as an idea, as well as the conceptual background of the prophets in particular. The historical and literary analysis led Hayes to endorse the conclusion that the idea of a bi-lateral covenant between Yahweh and Israel was not known before the work of deuteronomistic circles of the seventh century BCE. Rather, the eighth-century prophets in particular drew upon conceptions associated with international political treaties and assumed a triangular covenant notion in which Yahweh was the guarantor of Israel’s treaty with partners such as Assyria and Babylonia.

      Similarly, the final essay here, “Covenant and Hesed: The Status of the Discussion,” provided a critical evaluation of the popular connections long-made in scholarship between the concept of covenant and the Hebrew term, hesed. This piece is the only article included in the volume that was not published previously. It originated as the Boone M. Bowen lecture given at the First Methodist Church in Clemson, South Carolina shortly after Bowen’s death in 1987. In the true spirit of Hayes’s consistent emphasis on evaluating ideas of scholarship within their formative intellectual currents, the article offers one of the most comprehensive assessments of the development of the notion of covenant within Hebrew Bible scholarship from the 1920s to the mid-1980s—a virtual snapshot of how covenant as a theological, social, and institutional concept emerged from Max Weber forward and where that discussion stood near the end of the twentieth century. Additionally, Hayes successfully set out the history of the connection of the term hesed with the concept of covenant before explaining the more recent challenges to this association. For today’s