The Heap of Witness

"And Jacob was wroth, and chode with Laban: and Jacob answered and said to Laban, What is my trespass? What is my sin, that thou hast so hotly pursued after me? Whereas thou hast searched all my stuff, what hast thou found of all thy household stuff? Set it here before my brethren and thy brethren, that they may judge betwixt us both. This twenty years have I been with thee; thy ewes and thy she goats have not cast their young, and the rams of thy flock have I not eaten. That which was torn of beasts I brought not unto thee; I bare the loss of it; of my hand didst thou require it, whether stolen by day, or stolen by night. Thus I was; in the day the drought consumed me, and the frost by night; and my sleep departed from my eyes. Thus have I been twenty years in thy house; I served thee fourteen years for thy two daughters, and six years for thy cattle: and thou hast changed my wages ten times. Except the God of my father, the God of Abraham, and the fear of Isaac, had been with me, surely thou hadst sent me away now empty. God hath seen mine affliction and the labor of my hands, and rebuked thee yesternight. And Laban answered and said unto Jacob, These daughters are my daughters, and these children are my children and these cattle are my cattle, and all that thou seest is mine: and what can I do this day unto these my daughters, or unto their children which they have born? Now therefore come thou, let us make a covenant, I and thou: and let it be for a witness between me and thee. And Jacob took a stone, and set it up for a pillar. And Jacob said unto his brethren, Gather stones; and they took stones, and made an heap: and they did eat there upon the heap. And Laban called it Jegarsahadutha: but Jacob called it Galeed. And Laban said, This heap is a witness between me and thee this day. Therefore was the name of it called Galeed; and Mizpah; for he said, The Lord watch between me and thee, when we are absent one from another. If thou shalt afflict my daughters, or if thou shalt take other wives beside my daughters, no man is with us; see, God is witness betwixt me and thee. And Laban said to Jacob, Behold this heap, and behold this pillar, which I have cast betwixt me and thee; this heap be witness, and this pillar be witness, that I will not pass over this heap to thee, and that thou shalt not pass over this heap and this pillar unto me, for harm. The God of Abraham, and the God of Nahor, the God of their father, judge betwixt us. And Jacob sware by the fear of his father Isaac. Then Jacob offered sacrifice upon the mount, and called his brethren to eat bread; and they did eat bread, and tarried all night in the mount. And early in the morning Laban rose up, and kissed his sons and his daughters, and blessed them: and Laban departed, and returned unto his place." (Genesis 31:36-55)

Jacob is slow to anger, how could he be perceived otherwise having had the patience and fortitude to remain in such an unfair relationship with Laban for these past twenty years? But now, especially having been accused of stealing from Laban, Jacob gives forth in righteous indignation, and rightly so.

All that Jacob speaks to Laban, Laban knows is true. I can imagine Laban shrinking as the offenses are piled upon him one by one of his unfair treatment of his relative Jacob; but he is too proud to apologize. But Laban knows that God is concerned with the affairs of Jacob. Laban knows, therefore, that God is aware and listening even now to Jacob's speech about Laban's injurious actions towards Jacob.

This is why the ever-shrewd Laban hits upon the idea that rather than attack Jacob in any way (seeing as how God has already warned him off of Jacob even in his speech much less in any other regard by which Laban might have profited further) it would be better to establish Jacob as a covenant friend and protector.

You will notice that all of the covenant terms are dictated by Laban; Jacob contributes nothing to the terms of the covenant. It is after all, Laban who needs protection from the God of Jacob; and not Jacob that needs protection from Laban. God has shown Himself mighty on Jacob's behalf. But Jacob is not vengeful and is willing to be at peace with Laban.

When Laban invokes the surety of this covenant upon the God of Abraham, and the God of Nahor, and the God of their father (who is Terah) – Jacob does not reiterate the same invocation. This is because he knows idol worship has entered into the family of Terah through Nahor and his son Laban. He will have no part of the "gods" of Nahor and Laban. Instead he invokes "the fear of his father Isaac." What he is invoking is the fear of God that Isaac has for the God of Abraham. This is a reverential and healthy fear. In which Isaac lives as he is not dead and already with God as Abraham is. Jacob fears "the God of Abraham" as well, but does not call Him his own God yet. To Jacob, He is still "the God of Abraham" and "the fear of Isaac."

Jamieson, Fausset & Brown Commentaries describe the heap of stone in this way:

"The way in which this covenant was ratified was by a heap of stones being laid in a circular pile, to serve as seats, and in the center of this circle a large one was set up perpendicularly for an altar. It is probable that a sacrifice was first offered, and then that the feast of reconciliation was partaken of by both parties seated on the stones around it. To this day heaps of stones, which have been used as memorials, are found abundantly in the region where this transaction took place."

The covenant or peace treaty (and such it is as violence might have ensued without it) between Laban and Jacob is confirmed or ratified with an animal sacrifice, as a slain animal represents what should happen to the covenant participants should they break their covenant. Covenant was a deadly serious business and never taken lightly.

Bread is broken between the covenant parties and their brethren, and the fellowship of reconciliation goes on all night long. And in the morning Laban blesses them all and leaves to return home again.