חוקת העונשים מקומראן ומקורותיה המקראיים

This article analyzes the Penal Code of the Qumran sectarians, a list of some thirty sins and their punishments. Found in both the Rule of the Community and in the Damascus Document, aside from some differences regarding the duration of the period of exclusion associated with certain sins, the two lists are otherwise nearly identical. Their listing of the same sins, in the same order of appearance, suggests that the grouping, and order, of these sins and punishments are not random, and possess an underlying rationale. I argue that three biblical pericopes dealing with the holiness of the people of Israel and their dwelling place comprise the underlying basis for the Penal Code. Violators of these laws endanger the holiness of the community and must therefore be excluded. In other words, the Penal Code actually manifests the Yaḥad's self-perception as the Holy Congregation. The idea that the Penal Code's structure is based on readings of three specific biblical units has implications for our understanding of the development of Midrash. This aspect is treated in the article's concluding section.