Punitive Damages

Add guilt upon their guilt, and let them have no part in Your bounty.  Psalm 69:28 [Hebrew Bible]  Robert Alter

Guilt – In order to understand the ramifications of this Hebrew word—ʿāwōn—we need to read the explanation provided by Schultz:

We note in the first place that the noun is a collective. Thus God says of the midsdeeds/[sic] perversions of the Amorite: “The perversion (singular) of the Amorite is not complete” (Gen 15:16). The widow of Zarephath complains to Elijah that he came to “bring my perversion/ iniquity (singular) to remembrance” (I Kgs 17:18). Thus it occurs in such formulas as “to bear (nāśāʾ) ʿāwōn (Gen 4:13; Ex 34:7; Hos 14:3; Ps 85:3); ”to take away (ʿābar) (Hiphil) ʿāwon(Zech 3:4), “to visit (pāqad) ʿāwōn (Ex 20:5);” etc. This notion of totality is also seen in the association of individual misdemeanor with that of the group: “and the goat shall bear on itself all their perversions/iniquities (plural)” (Lev 16:22); “ … and the lord struck him with the perversion/iniquity (singular) of all of us” (Isa 53:6).

Moreover, as the above references indicate, it denotes both the deed and its consequences, the misdeed and its punishment. Both notions are present, but sometimes the focus is on the deed (“sin”), and at other times on the outcome of the misdeed (“punishment”), and sometimes on the situation between the deed and its consequence (“guilt”). As an example of the focus on the misdeed demanding punishment: “this sin will become for you like a high wall, cracked and bulging, that collapses suddenly, in an instant (Isa 30:13; cf. Ezk 18:30; 44:12; Hos 5:5; Job 31:11, 28). With the emphasis on the punishment: ”Arise … or you will be swept away in the punishment of the city (cf. Jer 51:7; Ps 39:12; 106:43; Job 13:26; 19:29; Ezr 9:7). With the emphasis on “guilt”: “upon me be the blame” (I Sam 25:25; see below for numerous examples).

The remarkable ambivalence between the meanings “sin as an act” and “penalty” shows that in the thought of the ot sin and its penalty are not radically separate notions as we tend to think of them. Rather in the ot the action of man and what happens to him are presupposed to be directly related as one process within the basic divine order. This connection has been called a “synthetic view of life” (von Rad, G.,Theology of the Old Testament I, p. 205). The root ḥāṭāʾ “sin” displays the same basic “synthetic” concept; e.g. Num 32:23; “but if you fail to do this, you will have sinned (ḥăṭāʾtem) against the lord, and you may be sure that your sin (ḥaṭṭāʾtĕkem) will find you out.” The second occurrence, the nominal form of the root, denotes “the penalty” for the act (cf. Num. 12:11). Thus sin had the inevitable effect of destroying the individual and/or the community and must be rooted out. b.k.w.] . . . Guilt is the major consequence of ʿāwōn on the inner man. This element is not easily distinguished from the function of the term as a sum for past misdeeds, but BDB lists over thirty instances in which the element of guilt is prominent (p. 731).

Along with the inner impact of ʿāwōn, there are consequences which affect the family, the tribe, the nation, the nations and nature.[1]

Now we see that David is not specifically describing the moral and ethical condition of his foes.  His view includes the punishment that must inevitably accompany this verdict.  It’s not merely increasing their feelings or fear of unrighteous acts.  It’s increasing judgment as well.  David is exhorting God to set aside the usual “measure for measure” justice of the ancient Hebrew world.  He wants punitive damages.  And what does it mean to heap ʿāwōn upon ʿāwōn?  The second phrase of the line gives us a clue.  “No part in Your bounty.”  You might think this just means “Go to Hell.  Do not pass ‘Go.’  Do not collect $200.”  But David is not interested in the “afterlife” version of punishment (if he even imagined such a thing).  “No bounty” in this world means no rain for crops, no offspring from sheep, no water in the wells, no children—not any of the things that make life tolerable, comfortable, or purposeful.  All of which depend on God’s graciousness.  Take that away and life becomes torment.  Punitive damages.

Topical Index: ʿāwōn, guilt, sin, consequences, Psalm 69:28

[1] Schultz, C. (1999). 1577 עָוָה. R. L. Harris, G. L. Archer Jr., & B. K. Waltke (Eds.), Theological Wordbook of the Old Testament (electronic ed., p. 651). Chicago: Moody Press.

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