The History of Terrorism
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Sitz im Leben
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Bergsma therefore points out the incongruity of Wellhausen's ascribing an exilic or post-exilic date to the Jubilee and Sabbatical-year legislation, since this would conflict with the Sitz im Leben of Israel during, and after, the exile. In addition, Bergsma shows that the problem that this legislation was addressing was a problem recognized by the kings of Babylon in the second millennium BC, which naturally suggests the possibility of a much earlier date of codification. These Babylonian kings (to whom could be added Ammi-Saduqa[24]) occasionally issued decrees for the cancellation of debts and/or the return of the people to the lands they had sold. Such "clean slate" decrees were intended to redress the tendency of debtors, in ancient societies, to become hopelessly in debt to their creditors, thus accumulating most of the arable land into the control of a wealthy few. The decrees were issued sporadically.
Finally, if the only purpose of the jubilee legislation was to serve as a pretext for the return of the exiles' lands, certainly much simpler laws than the jubilee could have been written and ascribed to Moses. All that would be necessary is a short statement mandating the return of property to any Israelite who returned after being exiled. In point of fact, precisely such brief, pointed laws are extant in the Mesopotamian codes, for example, the code of Hammurabi § 27 and the Laws of Eshnuna § 29. But on the contrary, the jubilee legislation never addresses the situation of exile. The only form of land alienation addressed in the text is sale by owner. If the priesthood in the early Persian period really wanted a legal pretext for the return of lost lands, they would surely have written themselves a law that directly addressed their situation.[23]
John Bergsma provides a further argument against an exilic or post-exilic date for the codifying of the Jubilee and Sabbatical-year legislation, saying that the Sitz im Leben (life situation) of the exilic or post-exilic period is not at all addressed by this legislation.
The Jubilee from Leviticus to Qumran: A History of Interpretation (book)