Covenants and Treaties in the Ancient Near East

The first covenant relationship in the Old Testament is seen between God and Noah in Genesis 6:18 and it extends throughout the Old Testament until Jeremiah explains how God promises there will be a "new covenant written on human hearts," as promised in the book of Jeremiah 31:31-37.

Unlike contracts (which emphasize a performance of terms) a covenant, or treaty, relies on personal loyalty within a relationship. (for example, Jacob and Laban), or Abraham and Abimelech). As in the latter example, sometimes the two parties are unequal in power, so the following elements were often used:

1. Covenants are person-oriented, based on a desire for relationship.
2. The stronger party usually initiates the relationship.
3. Terms are not negotiated but based on the grace of the stronger party.
4. Obligations are kept out of loyalty.
5. Covenants are usually in effect indefinitely.
6. Breaking a covenant involves damaging the relationship.

Ancient Near East (ANE) history documents the use of covenant treaties among suzerains and vassals during the Hittite Empire from about 1450 to 1200 B.C.  This practice is also written about in the Old Testament books of Exodus, Deuteronomy, and in Joshua 24.

Preamble (Names the Suzerain "sovereign")	Ex. 20:1	Deut. 1:1-5	Josh. 24:2
Historical Prologue (History of Relationship)	Ex. 20:2	Deut. 1:6 through 4:49	Josh. 24:2-13
Basic Stipulations	Ex. 20:3-17	Deut. 5 through 11	Josh. 24:14-15
Detailed Stipulations	Ex. 21 - 23	Deut. 12 through 26
Deposit/Public Reading (Money brought and a public reading)	Ex. 25:16	Deut. 31:9-13, 24-26	Josh. 24:26
List of witnesses (names or objects identified as "witnesses")	Ex. 24:4	Deut. 31:16-30	Josh. 24:22, 27
Cursings and Blessings		Deut. 28:1-68	Josh. 24:19-20
Public Oath or Ceremony	Ex.24:1-11	Deut. 27

These notes and explanations are from the textbook, They Spoke from God: A Survey of the Old Testament (250-253). 

This helps explain the loyalty that the Sovereign God was requiring of the Israelites. The covenant relationship was different than a legalistic agreement. If a party breaks a legal contract, it is not binding and the offended party can leave. But in a covenant agreement, the injured party is hurt and grieved. The covenant, however, continues as long as the initiator wills it.

In this case, the initiator was God. This is the message of the story and relationship between God and the Israelites throughout the Old Testament. Although they had grieved the Lord and would continue to sin, God was required to be loyal and faithful to His promises and to be present with His people.

This relationship is extended in the New Testament as well, and it is referred to in many passages. Eventually it would be changed to a "new covenant" between God and all mankind (for example: Luke 22:20, Hebrews 8:7-13, Ephesians 2:11-13).