Justice in the Ancient Near East

by Dr. Eitan Bar
17 minutes read

As humans, we have the tendency to be overly judgmental due to a combination of psychological, religious, and social factors. However, the ability to quickly assess situations and people was always crucial for survival and social cohesion. Psychologically, judgment helps simplify the complexity of human behavior and social interactions, providing a sense of control and predictability. Socially, cultural and religious norms and values shape our perceptions of what is acceptable or desirable, leading us to judge those who deviate from these standards. Personal insecurities and the desire to elevate one’s social status also strongly drive judgmental behavior, as comparing ourselves to others can affirm our values or sense of self-worth.

A truly competent judge diligently gathers and scrutinizes all relevant data and evidence, listens attentively to diverse perspectives, and poses critical questions. This thorough process requires considerable time and effort to ensure fair and just decision-making. Despite this, we often judge each other harshly and unjustly, relying on gossip, incomplete information, and prejudice. This hasty judgment lacks the rigorous methods necessary for fairness, leading to injustice in our interactions and society. In contrast, divine justice prioritizes restorative justice over retributive justice. If it were not so, our very existence would be in question.

Therefore, one of humanity’s major challenges is that we tend to be overly judgmental and often lack the skills to judge justly or with compassion. Our judgments are frequently based on partial data, such as gossip and one-sided perspectives. Simultaneously, religion often judges harshly, believing it has a God-given mandate to condemn and ostracize those who fail to uphold its moral standards and traditions. This approach often leads to significant misunderstandings and social discord.

Biblical Justice

Mercy and truth are met together; righteousness and peace have kissed each other.

Psalm 85:10

The Augustinian-Calvinist view of justice is often synonymous with retribution. This perspective, deeply ingrained in Christian consciousness, equates justice with the dispensation of punishment, where the scales are balanced by penalizing the wrongdoer. However, this view of justice differs markedly from the concept of justice in Ancient Near Eastern (ANE) societies, especially the one reflected in the biblical narrative and Judaism. In these societies, justice was less about retribution and more about restoring order, peace, and, most importantly, reconciliation.

Ancient Near Eastern (ANE) Justice

Consider the biblical injunction to “love your neighbor as yourself,” a principle that echoes throughout the scriptures. This commandment encapsulates the essence of ANE justice—it’s about harmonious coexistence and the prevention of harm to others. Of course, punishment can be severe in extreme cases, but generally speaking, when harm does occur, the goal isn’t to exact punishment for its own sake but to mend the breach and restore peace and harmony.

Take, for example, the biblical approach to premarital sex. In the Old Testament law, the “punishment” for premarital sex was not a corporal or a public display of repentance but rather a marriage, provided the couple was willing and able. The Law seems to prioritize the stability of the relationship and the rehabilitation of the individuals involved rather than mere retribution.

Thus, the biblical concept of justice is not about vengeance but about reconciliation and restoration. It’s about correcting wrongs in a way that repairs society, not about inflicting pain for the sake of divine sadistic satisfaction. Biblical justice is motivated by love and compassion, not vindictiveness.

Justice in Judaism

In Judaism, justice, or “TZEDEK,” is a foundational concept deeply woven into the fabric of Jewish law, ethics, and theology. It is the opposite of a legalistic black-and-white approach and a divine imperative that seeks to reflect the very character of God. Jewish tradition teaches that God’s throne is built on two pillars: DIN (judgment) and RACHAMIM (mercy). These two attributes are seen as complementary forces that guide the divine approach to justice, ensuring that it is both fair and compassionate.

The Hebrew Bible emphasizes justice as a key component of righteousness. In Deuteronomy 16:20, the Torah commands, “Justice, justice shall you pursue,” a verse that underscores the importance of fairness and equity in all aspects of life. Many Jewish scholars interpret the repetition of the word “justice” as a call to not only seek justice but to do so justly, with integrity and righteousness. However, Jewish justice is not rigid or harsh. It is tempered by mercy and compassion, reflecting the belief that while justice is necessary, it must be balanced with understanding and forgiveness.

The Jewish legal system, as codified in the Talmud, also reflects this balance between judgment and mercy. For example, the Sanhedrin, the ancient Jewish court, was extremely cautious in cases involving capital punishment. The Mishnah (Makkot 1:10) states that a Sanhedrin that executed one person in seven years was considered bloodthirsty, highlighting the value placed on life and the reluctance to impose the ultimate penalty. This cautious approach stems from the belief that while justice must be served, it should not be pursued without consideration of the potential for repentance and transformation, akin to God’s character.

Furthermore, the prophetic tradition in Judaism emphasizes that true justice involves care for the vulnerable and marginalized. The prophets often condemned Israel for not upholding justice for the poor, widows, orphans, and strangers, frequently leaving them with no choice but to resort to criminality.

The prophet Micah summarizes the essence of biblical ethical teaching with the words: “He has told you, O mortal, what is good; and what does the Lord require of you but to do justice, and to love kindness, and to walk humbly with your God?” (Micah 6:8). This captures the harmonious relationship between justice, mercy, and compassion, which are essential in the pursuit of a just society. By pursuing justice with compassion, Israelites were called to create a society that is not only fair but also caring and inclusive, embodying the divine ideals of righteousness and compassion.

Who Determines Justice?

In a courtroom, it is the judge, often called by the title “Justice,” who determines the just outcome. Similarly, God is not subject to any external rules and is the ultimate arbiter—He creates the rules. This isn’t just about God’s ability to punish sin; it’s about His sovereign choice to either punish or forgive. If human judges possess this discretion, why wouldn’t God, with infinitely greater authority and wisdom, have the same latitude?

The Unjust Nature of Eternal Hellfire

According to God’s law, justice is to be proportional—you can’t burn someone for lying and cheating, but they have to pay a fine (Leviticus 6:2-5). The principle of “an eye for an eye” (Exodus 21:24) was meant to ensure that punishment fits the crime, preventing excessive retribution and overreaction. Eternal Hellfire, however, represents an infinitely disproportionate punishment for finite human sins. The notion of endless torment for the mistakes of a limited lifespan contradicts the very concept of justice as portrayed in the Torah. If God’s justice is truly just, it cannot condone the idea of eternal suffering as a consequence of the sins of a single lifetime. Such a punishment not only violates the principle of proportionality in God’s own Law but also distorts the image of God into that of a sadistic tyrant rather than a loving, corrective Father.

Consider, for example, the Old Testament law that limits a maximum of 40 lashes as punishment, even for severe crimes (Deuteronomy 25:3). In a society where it was common for slaves to be beaten to death, laws were enacted to prevent the degradation of an individual beyond what was deemed just. If God’s Law is so careful to limit and prevent excessive punishment in earthly matters, how much more so would this apply to eternal matters? The idea of eternal Hellfire, therefore, seems not only disproportionate but contrary to the very laws, values, and character of God as revealed in the Bible.

The Compassionate Nature of God’s Justice

Mercy triumphs over judgment.

James 2:13

Imagine a little girl named Leah. Leah is seven years old, in first grade, and fully capable of making her own decisions. In the morning, she disobeyed her mom, and on the way to school, upset and emotional, Leah said something very unkind to her mom that hurt her feelings. Although Leah saw she had hurt her mom’s feelings, Leah refused to apologize. That day, a terrorist attack took place in the school, and 7-year-old Leah was murdered without ever repenting for her behavior. If it was up to you, would you sentence this child to eternal torture? Assuming your answer is “Of course not!” then let me ask you – who is more gracious and compassionate, you or God?

The Bible portrays God’s justice as fundamentally compassionate and merciful (Exodus 34:6-7, Psalm 103:8-14). These attributes seem at odds with the concept of the Augustinian-Calvinist eternal Hellfire, particularly as such punishment serves no corrective or rehabilitative purpose.

Much like the Hebrew Scriptures, the New Testament instances of punishment often aim to restore or correct rather than to inflict endless suffering. For example, in 1 Corinthians 5:5, the purpose of handing someone over to Satan is “so that his spirit may be saved on the day of the Lord.”

Jesus’ parables, such as the Prodigal Son (Luke 15:11-32) and the Unforgiving Servant (Matthew 18:21-35), emphasize God’s readiness to forgive and the transformative power of mercy. These stories highlight the temporary nature of separation from God and the ultimate goal of reconciliation and restoration.

Our Struggle Is Not Against Flesh and Blood

Sure, we are more intelligent than cats and dogs, but we are still very much finite and limited in our mental capacity and understanding of ourselves, life, truth, and God. In contrast with our Creator, we are not all-knowing, all-understanding, etc. Satan knows that, and he successfully blinds people’s eyes to God’s truth from both outside the Church and within it. He also corrupts and vilifies what is good and moral, demonstrating a deliberate strategy to lead humankind astray. This is not to say we, humans, have no responsibility or liability. Still, Satan has been around far longer than you and me, and I believe that God’s justice considers our susceptibility to confusion by Satan, who is a master of deceit.

From my own experience, many—perhaps most—people don’t reject Christ per se, but rather a distorted religious image of him. This often stems from two primary sources: harmful doctrines that have infiltrated the church through malevolent forces and traumatic experiences inflicted by religious individuals and organizations, frequently rooted in those harmful doctrines.

It’s important to remember that Satan himself—if we consider him to be an actual figure, such as a fallen angel—used Scripture to try to tempt and deceive Jesus. If the Devil found it advantageous to manipulate Scripture in his encounter with Christ, it stands to reason he continues to use the Bible to mislead and deceive Christians. Often, Satan convinces Christians that they are being “biblical” when, in reality, they selectively use verses—typically out of context—to support their own agendas and preconceived notions. This deception leads them to believe they are preaching the gospel while, in fact, they are driving people away from it. This, I believe, God’s justice also takes into consideration.

Given this, it’s plausible that many who need “saving” are already within the church, needing to be rescued from misguided beliefs about a cruel, merciless, hateful God. These beliefs are perpetuated by Christians who, though well-intentioned, mistakenly think they are adhering to biblical principles. As a result, these deceptive doctrines push people further away from God. In this case, who is to blame for their unbelief? Obviously, faith is far more complex than a simple binary choice.

Paul reminds us in Ephesians 6:12 that “our struggle is not against flesh and blood, but against the rulers, against the authorities, against the powers of this dark world and against the spiritual forces of evil,” indicating that the origins of sin and evil extend beyond human actions to include evil spiritual forces. This implies that God does not attribute the entirety of sin to humanity alone, acknowledging that spiritual influences significantly contribute to leading people astray. Paul’s recognition emphasizes that the struggle against sin is a combined spiritual and human endeavor, necessitating divine assistance over mere punishment.

Satan’s capacity to obscure God’s truth and to taint what is good and moral forms part of a calculated strategy to lead humans astray. While this doesn’t relieve humanity of our responsibility (and why many people “live in hell”), it does recognize Satan as a liar and deceiver, intent on confusing us, eroding our trust in God, and guiding us onto destructive paths. Moreover, many reject not the true God of Israel but a distorted, frightening religious image of god created by corrupt doctrines encountered in the Church—doctrines introduced by no less than malevolent spiritual evil forces. Nonetheless, I am convinced that, in the end, God’s grace will prevail over Satan’s lies, as well as our limited human understanding, confusion, and error.

Rejecting ‘Jesus’ vs. Rejecting ‘jesus’

Before World War II, my Jewish grandmother Charlotte faced considerable persecution from local Christians in Eastern Europe who acted in the name of Christ. Then, during the Holocaust, she was captured by the Nazis and subjected to intense abuse and torture. At one point, they tied her up and forcibly removed her fingernails. As she screamed, the Nazi soldiers justified their actions to her by accusing her of killing Christ. Nazi soldiers frequently rationalized their evil actions toward Jewish individuals by citing well-known Christian figures, including Martin Luther.

Then, during Christmas, she and other Jews in the concentration camps would hear Nazi soldiers, accompanied by their families, joyfully singing Christmas carols on their way to church. These were the very soldiers who tortured and attempted to kill her, but she was only wounded, feigned death, and managed to escape and join the partisans. Her experiences under the guise of Jesus’ name led her to reject with great passion what she perceived as ‘Christianity’ until her final day.

My point is this: Is God now continuing what Hitler began, burning Jews like my grandma in fiery flames of Hellfire for eternity because she couldn’t come to believe in a false and antisemitic “Jesus” exhibited to her by Protestant European Christians? Or is God’s justice more understanding than that of the Nazis?

Schadenfreude

As a descendant of a family of Holocaust survivors, I very much acknowledge that people who live in a cruel, painful, and abusive world often derive comfort and a sense of justice from the belief that those who have wronged them will face eternal punishment in the afterlife. For instance, consider a mother whose 5-year-old daughter was murdered. She has no means to confront the perpetrator or seek justice for her daughter, and the only solace she might find is in the idea that God will one day bring justice and that the perpetrator will suffer eternal torment in Hellfire. Thus, removing the concept of Hellfire can feel like taking away the comforting assurance and sense of revenge or satisfaction that the person who caused immense pain will face eternal punishment.

However, this is an emotional argument rather than a theological one. While it is painful to challenge and uproot such long-held and comforting ideas, it’s essential to recognize the underlying emotion—Schadenfreude, known as deriving pleasure from the suffering of others. In God’s kingdom, Schadenfreude is not acceptable: “Do not gloat when your enemy falls; when they stumble, do not let your heart rejoice” (Proverbs 24:17).

In taking pleasure or comfort in the suffering of others, we risk becoming the very thing we despise—those who revel in cruelty and suffering.

Furthermore, no form of punishment, however long, can resurrect a lost loved one. Consider a theoretical scenario where your child committed a murder. Will subjecting them to a thousand years of torture and then executing them bring back the victim? Clearly, the answer is no. Punishment itself is not the ultimate goal; rather, it serves as a means to an end, which ideally is repentance and rehabilitation. True justice seeks the reformation of the offender and the hope of eventual reconciliation.

In Jewish law, there is an emphasis on rehabilitating even the most serious criminals rather than merely executing them. Likewise, in most Western countries today, prisons often strive to provide inmates with opportunities for education, therapy, and skill-building, aiming to reintegrate them into society as reformed individuals. This approach is rooted in a belief in second chances and the potential for transformation, recognizing the humanity of even those who have committed grave offenses. If human institutions, with all their imperfections, can extend such grace and compassion, how much more should we expect from God, who is infinitely more loving and merciful? It stands to reason that if hell exists, it would align more closely with the concept of rehabilitation—a place of correction and transformation—rather than a place of eternal, unending, sadistic torture. God’s judgment should be seen not as an end but as a means to ultimate restoration. The ultimate redemption in this framework is the belief that God will one day resurrect and fully restore all things:

He will wipe every tear from their eyes. There will be no more death or mourning or crying or pain, for the old order of things has passed away. He who was seated on the throne said, “I am making everything new!”

Revelation 21:4-5

Therefore, no trauma on earth lasts forever, regardless of its intensity. Our pain and suffering are fleeting when viewed against the backdrop of eternity. God’s promises provide hope far surpassing the desire for revenge through another’s suffering, reminding us that God’s grand design is one of healing and renewal, aiming to “reconcile to himself all things, whether things on earth or things in heaven” (Colossians 1:20).

Not only will our pain be erased, but so too will the pain of others, including those who have wronged us. This is the challenging essence of forgiveness and grace, which I understand is emotionally taxing, as I have also grappled with it. But consider this: If God commands us to love our enemies (Matthew 5:44), wouldn’t He demonstrate this command to an even greater degree by also loving His enemies? And let us not forget that “love does no harm to a neighbor.” (Romans 13:10). Instead, “love is kind and keeps no record of wrongs.” (1 Corinthians 13:4-5).

Ultimately, being gifted with eternal life does not mean wrongdoers will be rewarded, esteemed, or privileged. Some may enter heaven without the highest honors, and even the humblest position, such as “cleaning the Kingdom’s streets,” is considered a privilege—particularly for those who have committed grave sins. But this is the essence of mercy and grace—receiving good when it’s not deserved. Matthew 5:45 reminds us that God “causes His sun to rise on the evil and the good, and sends rain on the righteous and the unrighteous.” I suspect this principle is not just temporal but extends into eternity.

Please do not misinterpret this as a dismissal of justice or belittling of sin. God isn’t a radical pacifist, a powerless dude without any real authority who overlooks sin. He will bring justice, and I personally believe that sinners will experience a grievous process in hell, but even there, they will eventually encounter God’s mercy, coming out purified. Hell, in this view, serves as a place of correction and purification rather than eternal torture. God’s justice is aimed at healing, not endless suffering. Otherwise, God would be no different from a vengeful torturer who delights in pain or schadenfreude, which is far from the loving and restorative nature of the God of Israel.

What About Hitler?!

A common counter-argument I often hear goes like this: “Are you saying that Hitler, who murdered six million Jews, isn’t burning forever in Hellfire right now?!”

Using an exception as a counterargument to refute a general claim is known as the “Overgeneralization Fallacy.” This fallacy occurs when someone takes a rare or unusual case and presents it as a common scenario, thereby attempting to discredit a broader, more general argument. It involves drawing a conclusion based on insufficient evidence or on an isolated example that doesn’t represent the typical situation. This fallacy overlooks the fact that exceptions don’t necessarily disprove a general trend or rule.

I’m not Hitler’s judge, and while from an emotional standpoint, as a Jew, I would undoubtedly be delighted at the notion of Hitler facing eternal punishment in Hellfire, my emotional justice is not God’s. But consider the great irony in the objection: The fundamentalist ECT view posits that the six million “unsaved Jews” killed by Hitler—some of my own family members included—are burning right there in Hellfire alongside Hitler and the Nazis. This begs the following ethical question: If it was up to you, would you prefer Hitler and the six million Jews he killed to suffer for eternity, or would you prefer all of them to go through a purifying process and eventually get saved?

Likewise, if God predestined billions for eternal torment in fire, as Calvinistic theology holds, then even Hitler, who gassed “only” several million people, might be considered merciful by comparison.

By the way, let’s not forget—Hitler wasn’t born with an inherent hatred for Jews. No one is born a hater; such animosity is developed over time. Hitler’s virulent antisemitism was not an original idea of his; it was cultivated in an environment steeped in nearly 1,900 years of Christian antisemitism. This was the prevailing attitude within much of Christianity as Hitler was growing up. Hitler wasn’t born in a non-Christian country such as Singapore, Nepal, Madagascar, Peru, or Suriname but in Christian Europe, a region deeply influenced by Protestant theology. Research has clearly shown the connection between Hitler’s hatred for Jews and the antisemitic teachings that had long been embedded in Christian Europe. Hitler was not an isolated anomaly; he was the culmination of centuries of Christian antisemitism. He grew up with the Bible and openly admired Martin Luther, frequently quoting him.

Similar to Hitler, the responsibility for grave sins cannot be attributed to a single person; such individuals are often the culmination of familial, historical, and cultural forces that have developed over centuries.

As previously stated, determining the destiny of the Devil is beyond my authority. Since I perceive very little distinction between the Devil and figures like Hitler, Stalin, Pol Pot, or Mao Zedong, I would also assert that deciding their fate is not within my remit. Instead, I much rather focus on the many non-Christians I know and love and rely on what the Scriptures say clearly about God’s will for them (e.g., 1 Timothy 4:10; Romans 5:18; 1 John 2:1-2; 1 Corinthians 15:22; Colossians 1:20; Philippians 2:10; 1 Timothy 2:3-6; Acts 3:21; Psalm 22:27), which is far more comforting than accepting the grim and unsettling notion that the billions these three murderers butchered now suffer in eternal flames with them.

Conclusion

Hellfire’s justice portrays God as vengeful and excessively punitive rather than just and merciful, contradicting His nature as described throughout Scripture. For example, Psalm 145:9 says, “The Lord is good to all; he has compassion on all he has made.” Likewise, Ezekiel 33:11 says, “Say to them, ‘As surely as I live, declares the Sovereign LORD, I take no pleasure in the death of the wicked, but rather that they turn from their ways and live.”

In the New Testament, the crucifixion of our Savior stands as the ultimate representation of human cruelty. Yet, Jesus responded not with anger or vengeance but with a profound plea for forgiveness:

Father, forgive them, for they do not know what they are doing.

Luke 23:34

This prayer reveals the depth of Jesus’ compassion, demonstrating that even in His most tremendous suffering, His heart was inclined toward mercy. It wasn’t just a passing request but a deep, divine expression of His desire to pardon even those who caused Him harm.

God, who shares this forgiving nature, undoubtedly takes Jesus’ plea seriously. To reject such a heartfelt prayer would contradict God’s very character. Therefore, Jesus’ request serves as a powerful reminder of the boundless nature of God’s grace, and it challenges us to approach forgiveness in the same way—recognizing that even the most grievous offenses are not beyond divine mercy.


This article was a copy-paste from my new book on hell: HELL: A Jewish Perspective on a Christian Doctrine




All Articles






You may also like:

Dr. Eitan Bar
Author, Theologian, Activist