Author(s):
Wißmann, Hans
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Niehr, Herbert
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Ogris, Werner
[German Version] I. Religious Studies – II. Old Testament – III. Legal History
I. Religious Studies Trial by ordeal is a means of decision-making as to the guilt or innocence of a suspect in legal cases where there is no available evidence or testimony, and where no guilty plea has been entered. In place of an oath, but in ¶ line with the inherent logic of the oath, a conditional self-curse was sometimes employed; this would apply in cases where, for example, a slave was disqualified from a hearing under oath, and a divine declaration of the truth was sought, as a special case of divination. Although trial by ordeal (Ger.
Gottesurteil, Lat.
iudicium Dei) assumes a personal God who is willing to establish the truth and is capable, on the basis of his omniscience, of being the supreme and final authority, the various ways in which trial by ordeal is carried out suggest the notion of an almost automatic result from potentially dangerous elements: in trial by fire, the innocent person under ordeal is able to withstand touching fire or hot iron. In trial by water, the manacled suspect sinks if innocent (being accepted by the water, as it were); if guilty, he or she is rejected by the water and so swims (this was often applied as a test of witches as late as the 15th and 16th cents.). In trial by food, in the case of the poison ordeal, especially widespread in Africa, the poison harms or kills the guilty. In all these cases, however, the conclusiveness of the ordeal is tied to ability to survive such trials, and ultimately, such survivals are supernatural or miraculous, as in the testing of evidence by the so-called ordeal of the bier, in which the corpse of the murdered person starts to bleed in the presence of his unidentified murderer. The eschatological ordeals of Zoroastrianism (Zarathustra) are intended to correspond to the execution of justice and the investigation of the guilty, and their identification. Not only does the soul of the righteous deceased pass with ease over the “bridge of the decider” (Činvat Bridge) to its final habitation in the hereafter, while the soul of the enemy of the faith discovers the bridge to be like a sharp sword which it cannot cross, and plummets into an infernal abyss (Bundahišn, ch. 30); but also, at the end of time, all mankind has to step through fire and molten metal. The righteous will experience this glowing heat as “lukewarm milk,” but …