excerpt from Joshua and the Promised Land
by Roy H. May, Jr.
Two social practices recorded in the Book of Joshua require discussion: capital punishment and forced labor. In addition to the massive execution of foes vanquished in battle, two instances of capital punishment are recorded. These are the execution of Achan and his family (Joshua 7:1-26), and Balaam (13:22). Forced labor is mentioned several times in reference to the Gibeonites (9:21, 23, 27) and Canaanites (16:10; 17:13).
Capital punishment was part of the legal system of Israel just as it was throughout the ancient Near East. Offenses punishable by death included child sacrifice, cursing one's parents, committing adultery and a variety of sexual offenses, blasphemy, working as a wizard or medium, and killing another human being. The Book of Deuteronomy concludes that a man or women was guilty of a capital offense if they did "what is evil in the sight of the Lord your God, and transgresses his covenant by going to serve other gods and worshiping them" (17:2c-3a). The death penalty was imposed for taking life or for endangering the covenant. Both practices grew out of concerns for the existence of the larger community. All laws probably were ancient customs that were written down as formal laws after the introduction of monarchy.
Achan violated Joshua's order against taking booty from Jericho (6:18-19). "The city and all that is in it shall be devoted to the Lord for destruction" (6:17). This was the ban or herem. All booty belonged to Yahweh the Divine Warrior. Thus taking "things devoted to destruction" (6:18) could cause harm to Israel. Furthermore, gold, silver, and other metal objects were considered sacred to Yahweh. They were to be placed in the treasury. Achan violated the ban by taking these things for himself.
The violation became known only after the initial attempt to take the city of Ai ended in Israel's defeat (7:2-5). When Joshua inquired of Yahweh the reason for the disaster, he was informed that Israel had sinned; "they have transgressed my covenant...they have stolen, they have acted deceitfully, and they have put them among their own belongings" (7:11). Through a process of elimination, Achan was located as the one who had stolen prohibited items. He confessed to the crime. Then he was executed. His children and animals were also killed. Even his personal property, including the items he had stolen, were burned (7:24-26).
Why was the punishment so harsh? Why were Achan's family and animals put to death? Why was his property burned. The crime was considered especially severe because it endangered the whole of Israel. Israel depended entirely on Yahweh for military victory. Any displeasure on Yahweh's part meant that power would be withheld from Israel (7:12). Only by eradicating the evil could the relationship be restored. The reason for including the family, animals, and property has to do with ancient Israel's concept of sin. Evil was understood as a kind of contamination similar to a contagious disease that spreads to others. Those nearest the evildoer, especially those genetically related or owned by the culprit, were considered contaminated. So was one's property. Thus, they also were guilty. Only death could stop the contamination and eradicate the evil.
There is no stated reason for Balaam's execution. It is noted only that he was among those who were put to death following military victory by the Reubenites (east of the Jordan River). However, since he was a well-known personality and is the only person listed by name, it would seem that he was singled out for execution (13:22). The crime apparently was divination or "fortune telling." Divination was widespread in the ancient Near East. Through divination it was believed that the future could be told and the will of the deities known. This was done by manipulating certain objects, observing animal behavior, or interpreting dreams in order to understand special signs. By knowing in advance what was to happen, one could prepare and protect oneself. Divination was sometimes practiced in ancient Israel. Those in important sectors, especially the Deuteronomists, were opposed to it. For the Deuteronomists, divination was among "abhorrent practices" (Deut. 18:9) that were to be driven out of Israel when it entered the Promised Land (Deut. 18:9-14). Since Balaam was well-known in various traditions of early Israel (he is prominent in the Book of Numbers), singling him out as one executed upon entering the Promised Land underscored divination as a practice to be eliminated. However, Balaam was also blamed for using his powers against Israel (Deut. 23:4). He also caused some Israelites to worship Baal at Peor (Num. 25:1-3, 31:16). Indeed, Joshua 22:17 bitterly recalls "the sin of Peor from which even yet we have not cleansed ourselves, and for which a plague came upon the congregation of the Lord." These were probably the reasons for his execution.
Capital punishment and mass slaughter in ancient Israel seem excessively harsh. They shock our moral sensibilities. They can be understood only in the context of the times, Israel's concept of evil and its eradication, and the Hebrews' fear of defeat or calamity if Yahweh's laws weren't fulfilled. The moral question of war and capital punishment is still debated: both continue to be widely practiced in the world today.
The other practices that must be discussed are slavery and forced labor. Slavery was an integral part of the ancient Near East. Along with other forms of forced labor, it was permitted in Israel. Slavery and forced labor, however, were not the main sources of labor. The Israelite economy was not based on them as in, for example, ancient Rome or the pre-Civil War South in the United States. Free, family labor was the norm. Most slaves were household servants or concubines, rather than field workers. Only rich Israelites would have had slaves, bonded servants, or others. Poor Israelites could sell themselves to richer neighbors out of economic necessity for specific periods of time. Hebrew slaves were to be freed at periodic intervals. Non-Israelites could be enslaved permanently. Different from most forms of slavery, the slaves of Israelites retained some legal standing (for example, Ex. 21:26-27). This provided them limited protection. 14)
Slavery and forced labor are mentioned in the Book of Joshua as if they were present during the conquest and tribal period. However, these customs probably emerged during later times. Forms of slavery existed early on, but forced labor of free citizens seems to have been started by Solomon. Furthermore, the editor of the Book of Joshua probably refers to enslaving Canaanites because it was evident they had never been exterminated. Some explanation was required that put Israel on top. There is no historical evidence that "Canaanites" as whole peoples were enslaved, although individuals were. The Gibeonites also continued to live among the Israelites and fulfilled many domestic or non-military functions. Again, the editor of the Book of Joshua sought an explanation by claiming that Joshua and the Israelites forced them into subservience. This supposedly was based on the Gibeonites' own act of submission (9:11). When making a treaty, it was standard for the seeking party to subject itself to the other. So, according to the Book of Joshua, the Gibeonites became "hewers of wood and drawers of water" (9:21) for the Israelites. However, there is no historical evidence to support this Deuteronomistic conclusion.
14. For slavery in the Old Testament, see Muhammad A. Dandameyer, "Slavery (OT)," in David Noel Freedman, ed., The Anchor Bible Dictionary, vol. 6 (New York, London, Toronto, Sydney, Auckland: Doubleday, 1992), pp. 62-65. (return to text)
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