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First, we are not to equate Mosaic legislation with the moral. Laws are often a compromise between the ideal and the enforceable. The Mosaic Law is truly a moral improvement on the surrounding ANE cultures — justifiably called “spiritual” and “good” (Romans 7:14,16) and reflective of Yahweh’s wisdom (Deuteronomy 6:5–8). Yet it is self-confessedly less than ideal. Contrary to New Atheists’ assumptions, the Law is not the permanent, fixed theocratic standard for all nations.

Polygamy, for instance, is practiced — contrary to God’s ideals in Genesis 2:24 and contrary to the prohibition in Leviticus 18:18 — perhaps in part because its prohibition would have been difficult to enforce, even if the biblical writers hoped for something better (cp. Deuteronomy 17:17; 1 Kings 11:3). Like divorce and other inferior moral conditions (cp. Matthew 19:8), polygamy was tolerated rather than upheld as an ultimate moral standard.

Second, the Mosaic law reveals God’s forbearance because of human hard-heartedness. Matthew 19:8 indicates that divorce was permitted — not commanded — because of hard hearts; it was not so “from the beginning.” The same can be said of a strong patriarchalism, slavery, and warfare common in the ANE context; these are in violation of Genesis 1,2’s creational ideals. Rather than banishing all evil social structures, Sinaitic legislation frequently assumes the practical facts of fallen human culture while pointing Israel to God’s greater designs for humanity.

God shows shows remarkable forbearance in the OT: “He passed over the sins previously committed” (Romans 3:25, NASB); elsewhere Paul declares: “Therefore having overlooked the times of ignorance, God is now declaring to men that all people everywhere should repent, because He has fixed a day in which He will judge the world in righteousness through a Man whom He has appointed, having furnished proof to all men by raising Him from the dead” (Acts 17:30,31, NASB). In the OT, God puts up with sinful human structures as less-than-ideal.

Third, the Mosaic Law — an improved, more-humanized legislation — attempts to restrain and control an inferior moral mindset without completely abolishing these negative structures. While negative aspects of slavery are retained, slaves achieve astonishing rights in contrast to the rest of the ANE. Even so, Deuternomy 15 expresses the hopeful goal of eventually eradicating slavery while both (a) diminishing the staying power of slavery in light of the exodus and (b) controlling the institution of slavery in light of the practical fact misfortune in a subsistence culture could reduce anyone to poverty and indebtedness.¹⁹

The same kind of progression is evident in legislation regarding women, primogeniture, and the like.

Fourth, the Mosaic Law contains seeds for moral growth, offering glimmers of light pointing to a higher moral path. Yes, God prohibits worship of other gods, but His ultimate desire is that His people love Him wholeheartedly. Love is not reducible to the Law’s restraining influence, and enjoying God’s presence is not identical to idol-avoidance.

The model of Yahweh’s character and saving action is embedded within and surrounding Israel’s legislation — a “compassionate drift” in the Law, which includes protection for the weak, especially those who lacked the natural protection of family and land (namely, widows, orphans, Levites, immigrants and resident aliens); justice for the poor; impartiality in the courts; generosity at harvest time and in general economic life; respect for persons and property, even of an enemy; sensitivity to the dignity even of the debtor; special care for strangers and immigrants; considerate treatment of the disabled; prompt payment of wages earned by hired labor; sensitivity over articles taken in pledge; consideration for people in early marriage, or in bereavement; even care for animals, domestic and wild, and for fruit trees.²⁰

In their zealous preoccupation with the negative in OT ethics, New Atheists neglect these warm undertones in the Law of Moses itself, exemplified in Yahweh’s gracious, compassionate character and His saving action.

Fifth, the Mosaic Law contains an inherent planned obsolescence, which is to be fulfilled in Christ. Despite the significant moral advances at Sinai, the Law is not the final word. God promised a new covenant that would progress beyond the old (e.g., Jeremiah 31; Ezekiel 36,37). According to Hebrews, Jesus brings “substance” to the OT’s “shadows,” fully embodying humanity’s and Israel’s story. Thus, stopping at OT texts without allowing Christ — the second Adam and the new, true Israel — to illuminate them, our reading and interpretation of the OT will be greatly impoverished. If the NT brings out more fully the heart of God, then we must not let the “tail” (the OT) wag the “dog” (the NT) as the New Atheists commonly do.