In Luther's writings concerning Law and Gospel, he had already observed concerning the phrase, "I am Yahweh your God, who brought you out of the land… - George E. Mendenhall

The messages of the prophets are essentially indictments of Israel for breach of covenant. They preserved some memory of the old traditions, but were not so naive as to think that the literal demands of the old law would be adequate in their own times. There is no condemnation of the stratification of society as such, rather a condemnation of the injustice and extortion which was done by the powerful. To take a specific example, the old law knew as security for a loan only the pledge (Exod. 22:26). In a simple economy, loans were evidently of an amount which would usually be adequately secured by giving to the creditor some property to hold until the loan was repaid. In case of default, the debtor's property simply reverted to the creditor. No other form of security is presupposed in the Covenant Code, and it is specifically forbidden that an Israelite be a "creditor" to one of his fellows. Already in the reign of Saul the situation had changed, Those who gathered about David as outlaws included those who had "creditors" (I Sam. 22:2), and who therefore had to flee. Under the old pledge system of security there would be no possible occasion for flight from the community in case of default. A totally different legal doctrine had come into practice whereby the person of the debtor was security for a loan. Upon default the creditor could seize him (or his family) as a slave, possibly without any legal action at all. The only alternative to slavery would have been flight. This doctrine is identical to that of Babylonian law, and no doubt of the Canaanites as well. It is in the law of the monarchy that Canaanite influence is doubtless to be posited, but it is a legal tradition in total contradiction to the customs and morality of early Israel. Amos protested violently against the way the legal doctrine was practiced, as did most of the prophets (Am. 2:6; Hos. 12:8-9; Mic. 2:1-2). The later lawcodes illustrate beautifully the way in which the early traditions, and the needs of business were brought into harmony. The older pledge system was simply inadequate for a commercial economy; and if the person of the debtor was to be protected, so also must the rights of the creditor to some security for his loan to be guaranteed. Therefore, Deuteronomy and the Holiness Code (Lv. 17-26) accept the doctrine of bodily liability, but place restrictions upon the powers of the creditor over the defaulting debtor. In the Holiness Code he is not to be treated as a slave, nor given the legal status of a slave, but rather to be as a hired laborer.

Further, such Levite names as Mūšī, Merārī, Qīšī and others raise the question of whether or not the curious "ethnic" nature of the Levites may not be explained by their pre-Israelite origin as Luwians, who also were evidently noteworthy for their expertise in rituals (<small>footnote: The original "secular" and warlike nature of the Levites has been a mystery for decades; cf. especially Genesis 34 and 49:5</small>). The shift from Luwi to Lēwi is of course exactly paralleled by shifts from sǔm to šēm, and ‘um to ‘ēm, and the "ethnic" Luwi fell together with the Semitic lawī- ‘lent, dedicated.’ Only Luwi can explain the ē by "umlaut."

The covenant form is essential not only for understanding certain highly unusual features of the Old Testament faith, but also for understanding the existence of the community itself and the interrelatedness of the different aspects of early Israel's social culture. Here we reach a clear watershed, so to speak, in historical research. Do the people create a religion, or does the religion create a people? Historically, when we are dealing with the formative period of Moses and the Judges, there can be no doubt that the latter is correct, for the historical, linguistic and archaeological evidence is too powerful to deny. Religion furnished the foundation for a unity far beyond what had existed before, and the covenant appears to have been the only conceivable instrument through which the unity was brought about and expressed. If the very heart and center of religion is "allegiance," which the Bible terms "love," religion and covenant become virtually identical. Out of this flows nearly the whole of those aspects of biblical faith that constitute impressive contrasts to the ancient paganism of the ancient Near Eastern world, in spite of increasingly massive evidence that the community of ancient Israel did not constitute a radical contrast to them either ethnically, in material culture, or in many patterns of thought or language.