What is the Covenant Code or the Book of the Covenant (Exodus 20:22-23:33)?

When Moses came to the people and told them "all the words of Jehovah, and all the judgments," all the people replied "with one voice, and said, All the words that Jehovah has said will we do!" Moses then recorded all these words in a book, spoken of in Ex. 24:7 as "the book of the covenant," and referred to in Hebrews 9:19 as "the book itself." It was according to the terms recorded in this book that covenant relations were to be established and maintained.

Accordingly, the statute-book is longer. Fitting it is that we should find it so. And so we do. Exodus 21, 22, 23, gives us the statutes which, at the beginning, and before they entered on their possession, had been decreed for the ruling of this elect and redeemed nation, in their civil relationships, and in their national religion. Ordinances of divine service pointing to "good things to come" accompany this economy or covenant. But these chapters are the statutebook, the book that was sprinkled with blood in the day of the covenant between the God of Israel and His people. (Exodus 24:7.)

We may observe this order in these Books, as regards the Jews. After all the prospective announcements in Genesis, we find them formed as a people, in Exodus, delivered out of the land of Egypt, and thus consecrated prerogatively for His name, and the Sabbath given them before the law, etc. - and, I may add, the manna and the water out of the rock, but even so to the rebellious - and dealt with as His people, but also by mediation, as in the conflict with Amalek. Then comes the terms of the covenant as formed, in principle, with the people themselves for their present inheritance; Exodus 19, "If ye will obey … then ye shall be a peculiar treasure," etc., "And all the people answered together and said, All that the Lord hath spoken we will do." Here then was formed the voluntary engagement, on principle, on the Lord's notice. To chapter 23 is then the Book of the covenant enjoined of God, which they again acknowledged, and it was sealed with blood, ratified on the part of God. Then Aaron, Nadab, and Abihu, and the seventy elders went up into the Mount, and "saw the God of Israel" - but we must take notice that the ten words were spoken to the people themselves, before the people drew afar off and Moses drew near unto the thick darkness.

The terms of the covenant are here settled, the covenant itself dedicated and sealed, and Jehovah shows Himself as "the God of Israel." (Ex. 24:10.) The nation thus solemnly affianced to Jehovah is put under the ministry of an angel, who was to prove himself either an avenger or rewarder, according to their desert. (Ex. 23:20–23.)*

[*I am aware that this great transaction between Jehovah and Israel consists of two parts, which for many purposes are to he considered distinct. The first part consists of the publication of the Ten Commandments (Ex. 20:1-17), commonly called the moral law. The second part is the enactment of the statutes of the nation. (Ex. 21 — 23.) For many purposes these are to be treated as distinct, but they are commonly in scripture, I believe, considered as together constituting Jehovah's covenant with Israel from Mount Sinai, and which proved in the end a furnace to them. For both the commandments and the statutes alike called for obedience, and put Israel under works of law, which obedience they had themselves pledged, and which law they had voluntarily adopted (Ex. 19:8; Ex. 24:3, 7), and for breach and despite of which they are even to this day suffering the judgment of the fiery mount. The people were still standing in the presence of that mount, while the statutes of the kingdom, as well as the Ten Commandments, were delivered. (Ex. 24:17.)]

In Exodus 24 we have presented to us what is commonly spoken of as the "ratification of the covenant." In the chapters we have already considered there has been, in the most solemn manner, the unfolding of the terms, and their interpretation, on which God's relationship with His people could be maintained, according to the inflexible demands of righteousness and holiness.

Verses 1-17 of Exodus 20 put on record the ten commandments which specially summarized the demands made by the holy law of God. The next chapter opens with the "judgments," which were to be set before them. If we turn to Malachi 4:4, we find both "statutes" and "judgments" mentioned as well as the "law." The three words evidently cover all the legislation that reached Israel through Moses, and as we begin to consider the legislation we shall do well to note that in the days of Malachi, nearly a thousand years after it was first given, it was still as binding as at the beginning. It was for "all Israel," and valid all through that dispensation. What God originates at the beginning of any dispensation stands good, and He never swerves from it however much His people may do so.

This, however, so far was as it should be. This cry of fear was the proper seasonable fruit of the ground on which Israel now stood, as the Lord Himself afterwards says (Deut. 5:28-29). And according to this fear they stand afar off. But the mediator draws near to the thick darkness where God was, and there, as between the Lord of Israel and His people, he receives the statutes of the kingdom which were to make Israel the Lord's nation — a separated people, who were to have the Lord for their God and King, bearing His image and superscription upon them. And he is promised also an angel to go before him, presiding, as it were, over this covenant of the nation, in whom the name of the Lord of Israel was to be; so that if they obeyed Him they should be blest, but, if they refused, He would not pardon their transgressions (Ex. 21 - 23).*

This law contained moral directions for the life of each Israelite, ceremonial directions (i.e. the laws of the offerings) for the children of Israel to serve God and also legal directions to regulate the daily life of the people. The principle of "an eye for an eye, and a tooth for a tooth" belongs to the latter group. It is not a principle for the conscience of a particular individual but a legal direction for the authorities and judges of Israel. This is clear from Exodus 21:22 and Deuteronomy 19:18 where the judges are expressly mentioned. The direction was based on the principle of absolute fairness in requiting the deed and was to be a warning and deterrent to the people (Deut. 19:20).

"And if men strive together, and one smite another with a stone, or with his fist, and he die not, but keepeth his bed: if he rise again, and walk abroad upon his staff, then shall he that smote him be quit: only he shall pay for the loss of his time, and shall cause him to be thoroughly healed. And if a man smite his servant, or his maid, with a rod, and he die under his hand; he shall be surely punished. Notwithstanding, if he continue a day or two, he shall not be punished for he is his money. If men strive, and hurt a woman with child, so that her fruit depart from her, and yet no mischief follow; he shall be surely punished, according as the woman's husband will lay upon him; and he shall pay as the judges determine. And if any mischief follow, then thou shalt give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe. And if a man smite the eye of his servant, or the eye of his maid, that it perish; he shall let him go free for his eye's sake. And if he smite out his manservant's tooth, or his maidservant's tooth; he shall let him go free for his tooth's sake." (vv. 18-27.)

Two things only need be noted, leaving the details for the reader himself. The first is, that all these enactments reveal the tenderness of God in protecting the bodies of His people — and specially of those occupying a subject position. The second is, that we find here the true character of law. Grace is absent. It is eye for an eye, and tooth for a tooth, etc. Our blessed Lord especially cites these provisions to point out their contrast with grace. He says, "Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth: but I say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also." (Matt. 5:38-39.) On the ground of law an exact equivalent is demanded — no more, and no less; but grace can remit every claim; for dealt with in grace ourselves, our whole debt remitted, we must act on the same principle in our relationships with one another. Be it, however, never forgotten, that the foundation of grace itself is laid deep in righteousness, and hence it reigns through righteousness (Rom. 5:21), having thus been established upon an everlasting and immutable basis.

These verses (Ex. 21:1-7) are not properly a part of the covenant, "Now these are the judgments that thou shalt set before them." In Ps. 19:7-11, we get several distinct things mentioned - testimony, statutes, commandments, judgments; these last I apprehend to be God's decision on certain points. "The judgments of the Lord are true and righteous altogether."

The very first thing God has decided here, is a particular about service: "If thou buy an Hebrew servant." If he were a captive, he would be in the power of his master; but this judgment is concerning one under the law, an Hebrew servant. The Gentiles were never under the law, and I do not find this judgment brought into the New Testament. The apostle Paul only gives directions of unqualified submission to the master, whether a believing or an unbelieving one; this judgment applies to those who are under the law, and not to those who are not under the law.