he book of Deuteronomy has attracted a great deal of scholarly discussion about the nature of Israel's covenant in relation to extra-biblical covenants. Given the shape of Deuteronomy as a call to covenant faithfulness it is not surprising that major components of Deuteronomy have parallels in ancient treaty ceremonies that initiated covenant relationships between two parties. Treaty documents associated with such ceremonies were a permanent record of the conditions of the relationship. The term covenant can be used for both the type of relationship between the parties and the document that defines that relationship.
Certain parallels between Deuteronomy and ancient treaty documents are so close that some scholars have argued that Deuteronomy is explicitly a treaty document such as was used in Hittite and Assyrian covenant ceremonies (Mendenhall 1955; Kline 1963). Today this view is considered a bit of an overstatement. Deuteronomy is not itself a treaty document, though most certainly it contains covenant language and major elements of such ancient treaty texts. More likely, Deuteronomy is an anthology of sermons based on the covenant concept.
Ancient treaty documents such as those known from the Hittites and Assyrians were legal texts used to administer conquered kingdoms. Using somewhat antiquated terminology, such an administrative document is usually called a suzerainty treaty, a suzerain being a feudal lord who controlled a vassal state. The most extensive body of suzerainty treaties comes from the Hittite empire of the Late Bronze Age (c. 1400-1200 B.C.E.). Equally important and closer in time to the Deuteronomist are legal documents from the Neo-Assyrian empire (935-612 B.C.E.) that make extensive use of the treaty form.
Figure 5.3 The Ancient Middle East, highlighting Hittite and Neo-Assyrian Empires
Close study of these Hittite and Neo-Assyrian treaty documents has revealed that they have a number of components in common (see Pritchard 1969: 199-206, 529-541). A complete treaty document would contain the following elements.
1. Introduction. Sometimes called the preamble, this section introduces and identifies the parties in the treaty.
2. Historical Background. This section details the history of the relationship between the parties.
3. Conditions. These conditions, or stipulations, are the terms of the treaty. Among other things, the suzerain places demands the vassal's total loyalty.
4. Publication. This describes where the treaty document would be stored and when it would be recited in public.
5. Divine Witnesses. This specifies the gods who would be called on to witness the making of the treaty (equivalent to a notary public today) and enforce any breach of the treaty.
6. Blessing and Curse. This was a list of the good and bad things that would happen to the vassal if the treaty was kept or broken.
The book of Deuteronomy contains remarkable parallels to the components of ancient treaty documents, as the following list suggests.
1. Introduction. 4:44-49. Moses speaking for Yahweh. "This is the law that Moses set before the Israelites" (4:44). This is the setting for the covenant addresses.
2. Historical Background. 5-11. This recollects Israel's experience at Horeb and in the wilderness, which is the occasion for Moses to warn the people to be obedient.
3. Conditions. 12-26. The central law code: "These are the laws and rules that you must diligently keep" (12:1).
4. Publication. 27:1-10. Covenant ceremony: "Write on the stones all the words of this law" (27:8). Covenant renewal every seven years with public reading is specified in 31:10.13
5. Divine Witnesses. "I call as witnesses against you today heaven and earth" (30:19). Yahweh himself would guard the covenant and enforce it.
6. Blessing and Cursing. 28. "If you obey Yahweh your God, . . . all these blessings will come upon you" (28:1-2). Later, chapter 28 spells out the curses.
The profound similarities between Deuteronomy and the ancient treaty form suggest that the Deuteronomist intentionally framed Yahweh's relationship with Israel in treaty terms. Clearly, the Deuteronomist was influenced by broader ancient Middle Eastern legal traditions, and utilized them to shape the relationship Yahweh established with his people Israel. He used the political metaphor of treaty and covenant to conceptualize the spiritual relationship between Yahweh and Israel.
If Deuteronomy was intentionally made analogous, at least in part, to a suzerainty treaty, the theological effect may be that Yahweh stands in the role of the suzerain and Israel takes the place of his vassal. Other nations had a king as their suzerain, but Israel had Yahweh. In other words, Deuteronomy, viewed as a suzerainty treaty, presents Yahweh as the Great King of Israel. Though provision for a human king was given, that king would be subject to the Torah of the Great King (see 17:14-20).
