Family-Based Social Structure

In the ancient Near East, all levels of society—including the judicial system—fell into a family and clan-based social structure (Puckett, “Law and Authority in Ancient Israel,” 1:173–74). Communities consisted of houses containing a nuclear family arranged in compounds. Nearby communal family tombs held multiple generations (Stager, “Archaeology of the Family,” 20). The biblical mentions of the “father’s house” (בֵּית אָב, beith av) or “clan” (מִּשְׁפָּחָה, mishpachah) attest to these communal compounds. The oldest male ruled in such households. The story of Abram, Sarai, and Hagar recorded in Gen 16:5–6 depicts judicial rule by the head of a clan. In this passage, Sarai brings a charge against her maid Hagar and appeals to Abram’s authority. She takes action against Hagar only after Abram gives her permission to do so. Genesis 38:24 also attests to judicial rule by the head of a clan, as Judah pronounces sentence upon his daughter-in-law, Tamar, when she is found pregnant. Matthews points out that the biblical record provides no indication of a presentation of evidence, defense, or official hearing (Matthews, Manners and Customs in the Bible, 30).