The date that the Covenant Code was composed, and the details of how it found its way into the Bible, continue to be debated. Most proponents of the
documentary hypothesis associate it with either the
Elohist ("E") materials, or, less commonly, the
Yahwist ("J") materials. (These are two of the four sources of the classic documentary hypothesis, the other two being the Deuteronomic ("D") material and Priestly ("P") material.) According to Joel Baden, "The Covenant Code is a part of E; the priestly laws [of Leviticus and Numbers] are part of P; and the deuteronomic laws [of Deuteronomy 12–26] stand at the center of D." Regardless of precise positions on the process, scholars agree that the Covenant Code was produced by a long process in which it changed over time. A study of continuing importance is that of
Albrecht Alt, who in 1934 published an analysis of the Covenant Code which hinges on the distinction between casuistic and apodictic law. The Covenant Code consists largely of case or casuistic law (often in the form of an "if-then" statement, in which specific situations are addressed), as for example Exodus 21:33–36. Apodictic laws (characterized by absolute or general commands or prohibitions, as in the Ten Commandments) Alt claimed, though some scholars disagree, that the apodictic laws were a feature only found in Israelite codes. The form and content of the code is similar to many other codes from the Near East of the second
millennium BC. It also resembles the
Babylonian
Code of Hammurabi. According to many scholars including
Martin Noth and
Albrecht Alt, the covenant code probably originated as a civil code with the
Canaanites, and was altered to add Hebrew religious practices.
Michael Coogan sees a noticeable difference between the Covenant Code and the non-biblical codes like the Code of Hammurabi. The Covenant Code, like other biblical codes, differs from these by including among the laws dealing with criminal and civil matters various regulations concerning worship. Both, however, set the laws in an explicitly religious context. ==Relationship to the Ritual Decalogue==