mm Sag wBO&a 1 I ■ ■ ' ■ tiSBSSSgMfi sSr „m88qS8S8 /.;■;■■. -~- -. Ex Lihris c K. OGDI N Ufoe Stu&ent's ©It) Testament ISRAELS LAWS AND LEGAL PRECEDENTS THE STUDENT'S OLD TESTAMENT LOGICALLY AND CHRONOLOGICALLY ARRANGED AND TRANSLATED BY CHARLES FOSTER KENT, Ph.D. WOOLSEY PROFESSOR OF BIBLICAL LITERATURE IX YALE UNIVERSITY ARRANGEMENT OF VOLUMES I. Narratives of the Beginnings of Hebrew History. (Now Ready.) Introduction. The Beginnings of Human History. Traditional • i tin* Hebrews. Deliverance <>f the Hebrews from Egypt. Life of the Hebrews in the Wilderness and East of the Jorda 51 and Settlement of Canaan. II. Israel's Historical and Biographical Narratives. (Now Rea Introduction. The United Monarchy. History of Northern Israel. History of Judah. Re-establishmenl of the Jewish Com- munity in Palestine. The Maccabean Struggle. Life of the Jews of the Dispersion. III. Prophetic Sermons, Epistles, and Apocalypses Introduction. The Prophets of the Assyrian Period. Prophets . lali's Decline. Prophets of the Babylonian Exile. Prophets of the Persian Period. Prophets of the Greek and Maccabean IV. Israel's Laws and Legal Precedents. (Note Ready.) Introduction. Family Laws. Constitutional Laws. Criminal Humane Laws. Laws defining Obligations to Jehovah. Ceremonial Laws. V. Songs, Psalms, and Prayers Introduction. Tribal and National Songs. Songs of Lamenta- . Psalms. Royal and Messianic Psalms. Psalms of Thanksgiving. Psalmsof Praise and Adoration. Psalms of Pe- tition. Penitential Psalms. Psalmsof Faith ami Hope. Didactic Psalms. Songs of Love and Marria VI. Proverbs and Didactic Poems Introduction, Practical and Ethical Observatii ins and Precepts. nomic Essays. Numerical Enigmas. Dis- d of Evil Discussions regarding the Value ol Life and its Wise Enjoyment. Poems describing Wisdom. GROWTH AND APPROXIMATE DATES OF THE ( About 1200 Exodus from Egypt. 1130-1100 Settlement of Canaan. PROPHETIC TEACHINGS S C II R\ 1030 Establishment of Saul's Kingdom. lOlQDavid's Coronation at Hebron. / / rLooi E -rr E M M 97,1 Solomon's Coronation. 965 Completion of the Temple. 937 Division of the Hebrew Empire. DECALOGUE^ OF THE TWO TABLETS I I DECALOGUES (Ex.20 m-26,\ 22*i-2$is>) 875-850 Work of Elijah. 854 839 Campaigns of Shalmaneser II. I I JUDEAN 850-795 Work of Elisha. 843 Jehu's Tribute to Shalmaneser II. ylO Joash's Tribute to Hazael. VERSION (Ex. 34) \ EPHRAIM1TE BOOK^Oj 781 -740 Reign of Jeroboam II. 750-740 Preaching of Amos. <^ CEx.a)M- i PRIMITIVE CODES 7r 745 -736 Work of Hosea. 737-690 Work of Isaiah. 722-721 Capture of Samaria. DECISIONS OF /\ / \ / \ / _„U. 686-641 Reactionary Reign of Manasseh. 663 Ashurbanipal's Capture of Thebes. LATER JUDGES / PROPHETIC / DECALOGUE / (Ex.SOc" 17 !-' 626 Earlier Sermons of Zephaniah and Jeremiah. 621 Great Reformation of Josiah. LAW BOOK^F JOSIAH (Dt. 12-19,26) 597 The First Captivity. Work of Ezekiel. 5S6The Final Captivity. 560 Expulsion of Foreigners from Egypt. DEUTERONTJMIC CODES (Book of Dt.T~~ — — [ 535 Capture of Babylon by Cyrus. 520-516 Rebuilding of the Temple. 520 516 Reorganization of Persian Empire. 490 Battle of Marathon. 480 Battles of Thermopylae and Salamis. 470 Expulsion of Persians from Europe. 445 Rebuilding the Walls of Jerusalem. 432 Nehemiah's Second Visit. 400 Adoption of the Priestly Law by the Judean Community. PROBABLY CURRENT ONLY IN ORAL FORM EXPLANATION r KNOWN III D TESTAMENT LAWS AND LEGAL PRECEDENTS -MOSES 'ORAL DECISIONS C / DECISIONS OF LATERAL DGES DECALOGUES/ / JUDGMENTS (Ex.21 »-222<0 X CUSTOMS :IE COVENANT V / OF THE -J-E-RU=- TEACHINGS JUDEAN CIVIL SALEM OF AMOS IIOSEA ISAIAH MICAH AND RELIGIOUS DECALOGUES T E M- PLE \ -/ 7 VN / \\ \ -A- V \ \ HOLINESS CODE \ — EZEKIEl/S CODE (Ezek.40--I3) PRIESTLY \ (Lev.17-26) \ DIRECTIONS \ \ (Lev. 1-3, 5-7, 11-15 \ V x Nu.5,(5.15,19" H ) \ J V \ V / PRIESTLY CUSTOMS AND ,\\ FMESTLY / ^GROUNDWORK Y— PRIESTLY CODES TRADLTjm.': ■ »~.^ ■--/, / SUPPLEMENTAL PRIESTLY CODES TYPE AND COLOR: JITTEN FORM. IMPORTANT CODES Cbe ^tuDent'0 ©ID Cestament ISRAEL'S LAWS AND LEGAL PRECEDENTS FROM THE DAYS OF MOSES TO THE CLOSING OF THE LEGAL CANON BY CHARLES FOSTER KENT, Ph.D. Woolsey Professor of Biblical Literature in Tale University WITH PLANS AND DIAGRAMS HODDER AND STOUGHTON LONDON TORONTO NEW YORK PREFACE The Torah represents the first edition of the Old Testament, and in the life and thought of Judaism it has always retained that first phut-. In the reaction from this extreme emphasis upon the law, Christianity has perhaps underestimated the permanent value of the Old Testament legal literature. In rejecting that which is only national and temporal, it has also overlooked much that is vital and eternal. Law and prophecy are not antithetic, as is sometimes imagined, but rather different expres- sions of the same divine revelation, the one through the life and institu- tions of the nation, the other through the experience and minds of certain divinely enlightened men. The prophets proclaimed the principles which the lawgivers applied practically and concretely to the needs of their day and race. Both labored in their characteristic way to realize the will of God in the life of the nation and individual; but the lawgivers were in closest touch with that life and therefore in their writings picture it most concretely and vividly. That inner history, however, is almost completely obscured by the con- fused order in which the laws at present are found. Civil and ceremonial, criminal and humane, secular and religious, ancient and late laws and legal precedents are all mingled together, with little trace of systematic classification. The one who seeks to read or study them is constantly distracted, as in the book of Proverbs, by the sudden transitions; if he desires to determine the teaching of the Old Testament on a given theme, it is only after the most laborious research that he is able to bring similar laws together. Even when this preliminary work has been done, the result is often perplexing, for many of the laws contradict each other. The present confused order is the inevitable result of the complex process of collecting, editing and supplementing through which each of the legal books has passed. The laws of many ancient and modern nations present close analogies. Since law through gradual growth is adapted to the varying needs of succeeding generations, there is an inevi- table lack of order unless the whole body of enactments is frequently and thoroughly codified. The first requisite, therefore, if the Old Testament legal literature is to be studied intelligently and profitably, is that similar laws be grouped together, and then that those in each resulting group be arranged in their chronological order. For practical purposes it is important that all the regulations relating to a given subject be reproduced, even at the cost of occasional repetitions. It is also desirable to follow, as tar as it can be discovered, the original Hebrew order of classification. In Exodus 21 1 - 23 19 , which contains the oldest collection of laws in the Old Testament, 1063475 PREFACE there is evidence of careful arrangement (cf. p. 27 and Appendix II). It is in general: (1) personal and family laws; (2) criminal laws, comprising injuries to persons, property, and society; (3) humane laws, emphasizing the duty of kindness to animals and men; (4) religious laws, defining obli- gations to God; and (5) ceremonial laws, containing minute directions regarding worship and the ritual. Inasmuch as this order is both logical and in general accord with the relative historical development of these different groups of laws, it has been followed in the system of classification adopted in the present volume. The minor sub-divisions are determined by the nature of the laws themselves and the modern principles of legal codification. The laws within each section are also arranged in their chronological order, so that the history and development of each Israel- itish law and institution can be readily followed from their earliest to their latest stages. Nowhere in all legal literature can the genesis and growth of primitive law be traced so clearly as in Israel's codes thus restored. They also represent the most important corner-stones of our modern English laws and institutions and therefore challenge and richly reward the study of all legal and historical students. The Old Testament laws, arranged in their chronological order, reveal the deeper currents and forces in the life of ancient Israel of which the external events in that remarkable history were but the effect. In each successive code the presence and power of God can be clearly recognized. Through that divine influence, customs, originally very rude and bar- barous, are gradually transformed and ennobled, until they worthily express and effectively enforce the eternal standards of justice and love and mercy. Tt is also because these laws reveal Israel's and therefore humanity's faith and ethics in the making that they possess a great and permanent value. Each succeeding lawgiver, as did the great Teacher of Nazareth (cf. Mt. 5 17 - 21 ~ 48 ), felt under obligation to revise and bring to more perfect expression the divine ideals constantly revealed, in fuller measure to each succeeding generation. My great debt to the scholars who have contributed richly to our knowl- edge on the many subjects considered in this volume is suggested in the list of detailed references in Appendix I. The translations of the laws of Hammurabi arc from Johns' Babylonian and Assyrian Lairs, Contracts mid Letters — a work with which all students of Israel's laws should be acquainted. Again I am under great obligation to the members of my Biblical and Hebrew seminars for many valuable suggestions, and espe- cially to the Reverend Roy Mac Houghton in connection with the work of codification, to Mr. Darwin Ashley Leavitt for collaboration in the trans- lation of the priestly laws, and to the Reverend Morgan Millar for aid in revising the copy. C. F. K. Yale I'nivi k.sity, May, 1907. CONTENTS AND CLASSIFICATION INTRODUCTION THE HISTORY OF ISRAEL'S LAWS AND LEGAL PRECEDENTS PAGE I. The Babylonian Background of Israel's Laws :; II. The Origin and Growth of Israeutish Law 8 III. The Primitive Hebrew Codes 1 <; IV. The Deuteronomic Codes SI V. EZEKIEL AND THE HOLINESS CODE '■'•(< VI. The Priestly Codes 4.'J PERSONAL AND FAMILY LAWS A. PERSONAL RE- LATION AND CONDITION. I. Parents and Chil- dren. § 1. Honor and Obedience Due Parents 2. Authority of Father over Unmarried Daughter II. The Marriage Relation. § 3. Relatives be- tween Whom Marriage is Il- legitimate .... §4. Marriage with a Captive Classification of the Codes Primitive Ex. 21 15 - 17 Deutero- nomic Dt.5 l6 ,21 18-21, 27 16 [Ex. 20 121* Dt. 22™. 2720, L>L\ L'.'! Dt, 21 10 -i 4 Holiness Lev. 19 3a - 20 9 Lev. 18°- 18, 215, 24 Priestly SiipjiJ, mental Priestly Xu. :t(» PAH ' 54 * References in brackets represent duplicate passages not reproduced in text; those in parentheses are to later additions to earlier codes. CONTENTS AND CLASSIFICATION II. The Marriage R KLATION Cont'd. § 5. Marriage with Aliens . . . §6. Marriage of Priests §7. Marriage after Seduction §8. Levirate Marriage § 9. Authority of a Husband over His Wife 10. The Test of a Wife's Chas- tityand the Penalty for Un- chastity §11. Laws of Di- vorce III. IV. Masters and Hired Servants. § 12. Rights of Hired Servants Slaves and Masters. § 13. Enslave- ment of Israel- ites and Resi- dent Aliens . . . Classification of the Codes Primitive Deutero- Holiness Priestly . Ex. 34 12a - Nu. go'- 13 15 • 16 , Dt. 71-4 Ex. 22 16 Gen. 2 18 ' 23 - 24 ,Ex. 21 7-11 14. Permanent Slavery Ex. 21 5 6 Dt. 22 28 .» Dt. 25 5 " 10 Dt. 22 1321 Dt. 22 18 - 19, 28, 29 24 1 " 4 . . .' Dt. 24 14 15 Dt. 15 16 - 17 Lev. 21 7 13-15 Lev.l9 13b , 25 6 ,22 10b Lev. 25 39, 40a, 43 Supple- mental Priestly Nu. 30 6 - 8 ' 13-15 Nu. 5 29 - 13b, 30a, 14b ,30b, 16, 17, 19, 20, 22,25, 26b, 27a. 28 Lev. 44-16 25 PAGE 54 55 56 56 57 57 59 GO 01 61 CONTENTS AND CLASSIFICATION IV. Slaves and Masters — Cont'd. § 15. Sale of Slaves § 1G. Manumis- sion of Israel- itish Slaves. . . §17. Redemption of Israelitish Slaves § 18. Reception of Fugitive Slaves §19. Penalty for Injury Done to Slaves § 20. Reparation for Injury Done to Slaves § 21. Religious Privileges of Slaves Aliens. § 22. Rights and Duties of Resi- dent Aliens . . . § 23. Limitations and Rights of Foreigners B. RIGHTS PROPERTY. OF 24. Restoration of Lost Prop- erty Primitive Ex. 21 7 8 Ex. 21-' 4 26, 27 Ex. 21 20 ' 21, 20. 27 Ex. 21 32 . Ex. 22 21 , [23 9 ] Ex. 23 4, 5 Classification of the Codes Deutero- Holiness Priestly Dt. 15 12 - 15, 18 Dt. 23 15 - 16 Dt. 12 17 18 ) 16 10. 11 Dt. 24 14 17, 18 j_10 27 19 Dt. 15 3a , 23 20a , 14 21a, c Dt. 22 1 " 4 . ix Supple- iiu iiinl Priestly PAGE 62 Lev. 25 47 ' 48a , 53 1933, 34a 24 22 Lev. 25 Lev. 25 47 55 Ex. 12 ,:;1 '- 44 N 11 . 15 29- :! ". 35 is, l.-»"- 16 9l4 #< Ex. 1* CONTENTS AND CLASSIFICATION § 25. Reparation for Damage or Loss of Prop- erty § 2G. Theory of the Ownership of Land § 27. Conveyance of Real Prop- erty § 28. Redemption of Hereditary Land Primitive Ex. 21 33 ' 34 , 22 5 6 , 2J28-32, 35, 36 f 22 14, 15,7,8, 10-13, 9 29. Revision of Hereditary Land VI. Rights of In- heritance. § 30. The Law of Primogeniture . § 31. Rights of Daughters to Inherit § 32. Heiress to Marry Within Her Own Tribe Deutero- nomic Classification of the Codes Priestly Holiness Lev. 24 18 - 21a Dt. 21 15 17 355, G Lev. 6 1 5 Supple- mental Priestly Lev. 25 23 Lev. 25 15 16, 34 Lev. 25 24 27, 29-32 Lev. 25 13 28b, 31b, 33 [Nu. 36 3,41 Nu. 27 1 - 11 Nu. 36 112 CONTENTS AND CLASSIFICATION- CONSTITUTIONAL LAWS V POLITICAL OR- GANIZATION. § 33. Qualifica- tions for Citi- zenship § 34. The Census § 35. Division of the Land § 36. Respect Due Rulers § 37. Qualifica- tions and Duties of the King . . . B. MILITARY REG- ULATIONS. I. Organization of the Army. § 38. Legal Age of Service Primitive Ex. 32 28b § 39. Exemptions from Military Service § 40. Minor Offi- cers II. Regulations Gov- erning the Army in the Field. § 41. Cleanliness of the Camp . . § 42. Manner of Attack § 43. Division of the Booty Deutero- nomic Dt. 23 1 8 Classification of the Codes Holiness Priestly Josh. 18-- 10 Dt. 17 14 20 I Sam. 30 21-25 Dt. 20 la 5-7 f 2 4 5 Dt. 20 9 ,11 la, 13-15 Dt. 23 9 " 14 Dt. 20 1 4 10-12 Nu. 26 L>U 3» [12. 3]. Supple- mi ntnl Priestly Nu.1 1 " 3 , 3 14, 15 4I 3 Nil. 26 56 [:*:{••']. PAGl 77 PJu.l 48 ' 49 , Nu. 10 9 CONTENTS AM) CLASSIFICATION I. Crimes against Je- hovah — Continued § (il . Sacrifice of Children to Heathen Gods. § 0-2. Blasphemy. § 63. False Proph- ecy § 64. Desecra- tion of Sacred Things 65. Labor on the Sabbath. . . II. Crimes against the State. § 60. Bribery. . . . § 67. Perverting Justice § 68. Perjury. Primitive Ex. 22 28a Ex. 34 21 23 12 Ex. 23 8 Ex. 23 1 " 3 6, 7 § 69. Deliberate Defiance of the Law III. Crimes ag ai nst Morality and Decency. § 70. Adultery.. . Deutero- nomic Dt. 12 29 " 31 18 10a Dt. 5 11 [Ex. 20 7 ] Dt. 18 18 " 22 Classification of the Codes Priestly Dt. 5 12 - 15 [Ex. 20 8 Dt. 16 19b , 27 25 .... Dt. 16 19a 20 Dt. 5 20 [Ex. 20 lb ],Dt.l9 16-21 Dt.17 12 - 13 Holiness Lev. 19 12 , 18 21b , 24 15b, 16 Lev. lO 3013 22 3b Lev. 19 3b [ 20a ], 26 2a Lev. 18 21a 20 2 " 5 .... Nu. 18 22 . Ex. 35 2 - 3 Lev. 19 15 r35al Lev. 19 1 - Dt. 5 18 Lev. 18 20 , [Ex. 20 20 10 14 ], Dt. 22 22 " 24 Supple- mental Priestly Lev. 24 lu 13,23 Nu. 3 38b , 4 1 7 " 20 , Lev. 7 20 ' 21 Ex. 31 13b " 17 ,Nu.l5 32-36 PAGE 103 104 104 Nu. 15 3 °. 31 Nu. 5 12b - 13a, c, 15, 18, 21, 23, 24, 26a, 27b, 31 105 105 107 107 108 108 109 CONTENTS AND CLASSIFICATION III. Crimes against Morality and Decency — Cont'd . § 71. Illicit In- tercourse 72. Unlawful Marriage § 7'5. Sodomy.. . . § 74. Bestiality . § 75. Prostitution § 70. Indecent Assault § 77. Interchange of the Dress of the Sexes § 78. Unnatural Mixtures § 70. Kidnapping § 80. Covetous- ness Primitive Ex.32 19 . 81. Lying I V. Chimes ag a i nst the Person. § 82. Dishonor- ing Parents. . . . § 83. Murder § 84. Assault. Deutero- nomic Classification of the Codes Holiness Pru stly Lev.19 20 . Lev. 19 21 Dt. 22 30 , Lev. 18' ; 2720,22,23 18 20 1] - 12, 14, 17, L'O, L'l Dt.23 1718 Dt.25 1112 Dt. 22" Lev. 18--\ 20 ,:J .... . Lev. is- 5 25 , 30 15 ' 16, 18 19 ? 20 18 .... Lev. 19 29 , 21 9 ... . S 11 p/>l>- rru nial Priestly Ex. 21 16 . Ex.21 15 - 17 Ex. 21 '-' 14, 20, 21 Ex. 21 15 - 18,26,27 Dt. 22 9 " 11 Lev.19 19 . Dt. 24 7 Dt. 5 21 [Ex.20 17 ] Dt.5'«[21 i*" 21 . Ex. 2(> 12 , 27 16] 17 Dt. [Ex. 20 13 ], Dt. J9II-13 Dt.27 24 Lev.24 19 Lev. L9 llb [Lev. 10 3a, 20 9 ].. Lev. 2 1 21b Gen. ;» '■. PAGE 110 110 1 11 1 12 1 12 1 13 113 I 1 3 1 13 1 1 t 1 1 \ Nil. ••{"»" 1 I I I I V 116 CONTENTS AND CLASSIFICATION IV. Crimes a <; \ i nst the Person — Con- tinual. § 8.5. Personal In- jury § 86. Rape §87. Seduction. . § 88. Wronging the Defenceless § 89. Slander V. Crimes against Property . § 90. Theft §91. Land Steal- ing § 92. False Weights and Measures Print il ice Ex. 21 28 32, 22-25 Ex.22 16 - 17 Ex. 22 21a [21b] 22 (23,24) Ex. 23 la .. Ex. 22 l Driitero- nomic Classification of the Codes Holiness Priestly Dt. 22 25 " 27 Dt, 22 28 29 Dt. 24 14a , 271s, 19 Dt. 5 19 [Ex. 20 15 ], Dt. 23 24, 25 Dt. 19 14 , 27 17 .... Dt. 25 13 - 1 Lev. 19 14 33 Lev. 19 1G . Lev. 19 lla Lev. 19 35 37 Lev. 6 27 . Supple- mental Priestly HUMANE LAWS I. Kindness toward Animals. § 93. The Threshing Ox. . § 94. Wild Animals § 95. Beasts of Burden. . . § 96. The Mother and her Young II. Consideration for the Unfortunate. § 97. In Taking Pledges . . § 98. Return of Garments Taken in Pledge Primitive Ex.23 11 . . . Ex.23 12a - h . Ex. 34 26b .. Classification of the Codes Deuteronomic Dt. 2.5 4 Dt. 22 6 Dt. 24 10 - «. Dt. 24 12 - 13 , Holiness Lev. 25 57 Lev. 22 28 . CONTENTS AND CLASSIFICATION 11. Consideration for the Unfortunate — Continued § 99. Not to Take a Mill- stone in Pledge § 100. Moderation in In- flicting the Bastinado. . § 101. Exemption of the Relatives of Criminals from Punishment § 102. Precautions against Accident III. Treatment of Depend- ent Classes. § 103. Hired Servants § 104. Slaves § 105. Captives § 106. The Defenceless. . . § 107. The Poor IV. Philanthropic Provisions for the Needy. §108. Leaving the Glean- ings § 109. Sharing the Offer- ings § 110. Distribution of the Tithe § 111. Remission of In terest to the Poor § 112. Rest and Remission of all Interest on the Seventh Year § 113. Restoration of Property and Freedom in the Year of Jubilee . . Classification of the Codes Primitive Deutcronomic J I Dt. 24» ; Dt.25 2 3 Dt. 24 16 . Dt. 22 8 . Holiness PAG K 125 125 125 125 Dt.24 14 - 15 Lev. 19 13b 126 Ex. 23 12a - c , 24 2 Dt. 15 12 " 15 (Lev. 85 39 - "" l:; 126 Dt.21 10 " 14 1 11 Dt. 24 17 - 18 , 27 18 - 19 |Lev. 19 14 127 Dt. 15 711 Lev. 25 s5 12*3 Ex. 22 21a ( 21b ) 22 (23, 24 \ Ex.23 6 Kindly Attitude toward Others. § 114. Reverence for the Aged § 115. Love for Neighbors § 116. Love for Resident Alien Ex. 22'-^ Ex.23 10 - 11 . Ex.23 4 5 Dt.24 19 " 22 . Dt. 16 11 - 1 - [ 13 ' 14 ],26 u Dt. 14 28 - 29 , 26 12, 13 Dt. 23 19 - 20 .... Dt.15 1 - 10 . Lev. !!>''■ "' [23 Lev.25 3 3 Lev. 2* 1 -"- -" - Prirslh/ Lev. afi 8 40b-42 / lull hiss Lev. 19 Lev. 19 17 - 18 Dt. 10 lsl l9 . 128 1 ."> 120 L30 131 I;: J 133 133 CONTENTS AND CLASSIFICATION LAWS DEFINING OBLIGATIONS TO JEHOVAH I. National Obligations. § 117. To Abstain from Apostasy and Idolatry . . § 118. To Abstain from Heathen Rites § 111). To Abolish Heath- en Shrines § 120. To Preserve the Law § 121. To Study and Re- member the Law § 122. To Wear Constant Reminders of the Law . . § 12.'?. To Follow its Com- mands § 124. To Make No Heath- en Alliances § 125. To Be a Holy Na- tion II. Individual Obligations. § 126. Reverence Primitive Ex.34 14 - 17 . Ex.22 19 . Classification of the Codes Deuteronomic Ex. 34 12 ' 13 , 23 24,25a Ex. 22 31a . Dt. 5 7 8 [Ex. 20 1-5, 28b J)t # 5 9 - 10, 6 14,'l5 j 2 7 15] Dt. 12 2931 , 14 1 2 [18 9 ] Dt. 12 2 - 3, 7 5, 25 Dt.4 2 . Dt. 6 6 7 , ll 18a ri9i Dt. 6 s 9 , 22 12 Njl8b-201 Dt . 5 1,32, 33 >6 1- 3, 16, 17 yll, 12 gl, 5-14 JO, 12 - 13 jjl, 8, 9, 26-32 26 16 - 17 , 27 10 ' 26 , 4 5 - 6 , 30 15 16 Ex. 34 12 - W [ 15 - 16 ],23 31b " 33 ,Dt. 7 1 " 4 . Ex. 19 6a , Dt. 7 6 [14 2 - 21c ], 18 13 , 26 18 > 19 , 28 9 - 10 Dt. 5 s9 , 6 24 , 8 6 [4 10 , 6 2, 10 ' 13 , 10 12 '- 20 , 13 14 ,14 23 , 17 19 , 31 12 131 Holiness Lev. 26 1 . . . . Lev. 18 3 , l:)- 7 28 [20 23 ] Nu. 15 ( 37 - 38a) 38b-41 Lev. 18 4 - 5 - 26 19 19a, 27 f 20 8 22 ,25 18 ' 19 .... Lev. 19 2 , 3626 [ r Lev. 19 3213 [25 17bl PAGE 137 137 138 139 139 139 140 142 143 144 CONTENTS AND CLASSIFICATION I. Individual Obligations- Continued § 127. Gratitude § 128. Loyalty § 129. Obedience § 130. Love. §131. Service. Primitive Ex.34 14 . Classification of the Codes Deuteronomic Dt. 6 10 - 12 , 8 10 - 19 Ex. 23 13 , Dt. 5 6 Dt. 6 18 - 19 , 10 14 16 3()8-10 Dt. 6 4 - 5 , 1 (>'-'. - ± 1, 13-15 > golf, [19, 201 Ex. 23 25a . Dt. 6 13, 10 12 ' 2° [11 13-151 Holiness PACK 1 L4 1 1.-. 145 1 Mi 1 Mi CEREMONIAL LAWS Classification of the Codes A. SACRED OBJECTS AND SHRINES. I. The Ark and Tent of Meeting or Dwelling. § 132. The Ark § 133. The Original Tent of Meeting § 134. The Post-Exilic Conception of the Tent of Meeting or Dwelling § 135. Furnishings of the Dwelling § 136. Court of the Dwell- ing Primitive Nu. 10 33a ' °- 35 36 Ex.33 5 u Deuteronomic Dt. lO 1 " 5 , 31 24 " 26 II. Altars and Temples. § 137. Ancient Altars and Places of Sacrifice § 138. Solomon's Temple. Ex. 20 24 " 26 . . I Kgs. 6 2 " 6 ' 8 - 9 - 15-17 (18, 19) ^ 20 (21, 22) ? 29 (30) ^ 23a, 26, 23b-25, 27- 35 [Dt. 27 6 " Priestly Ex. 25 10 - Fx. 25 1 '\ 26 1 :;:; Ex.26 23 w ,27 ] 8 [Nu.s 1 1 (Ex. 3Q17-21, 1 '■. •_>,; 34 37) Fx. ',»7°- 19 . I V.) 151 152 154 L57 157 158 CONTENTS AND CLASSIFICATION II. Altars and Temples — ( 'mil in in 1 CONTENTS AND CLASSIFICATION II. The Priests. § 161. Qualifications § 162. Consecration § 163. Clothing § 164. Ceremonial Clean- liness § 165. Authority over the Levites § 166. Duties. 167. Means of Support. III. The High Priest. § 168. Installation. § 160. Clothing §170. Ceremonial Clean- liness § 171. Duties Clarification of the Codes loliness Lev. 21 (16.17a), 17b-21a(21b) 21c, 22a (22b), 23 '(24) Lev. 2l( la ), lb " 6a (6b \ 6c-9 22 (1, 2a), 2b (2c), 2d-9 Priestly Ex. 29 14 - 8 ~ 25 - 35,36a[ Lev>8 l-6, 13 " 36 , EX. 30 22 , 4Q12, 14-16] Ex.28 40 ( 41 ), 42 . 43 [29 8 - 9 , Lev. 8 13 j Lev. 10 8 - 9 Lev. 2 3- 5 " 18a (18b, 19a), 20 Lev.21 10 " 15 . Nu. 3 5 - 6 - 9 , 18 1 - 2a , 4 27 . Lev. 10 8a > 10 ' n , Nu. 18 5 - 7a , Lev^ 1 . 2 ^. 14 - 16 J Nu. 18 20 , Lev. •yll-14 (28, 29a), 29b-33 (34) 35, 36 [ 37 ], 10 14 ' ( 15 ), Ex.29 27 ' 28 ,Nu. 18 9 - 10 [Lev. 6 24-26, 7 l-7 s 5 11- 13],(jl4-16a(16b), 17a (17b), 17c, 18a (18b), 18c', Nu . 6 19, 20, l 8 25-32, 5 9, 10 jgll,14,19 15 2 °' 21, 1 8 12 ' 13, 15-18 [346-511 Lev. 24 5 9a Ex.29 57 Supplemental Priestly Lev. 10 6 30 17 " 21 . . Ex, Ex. 28 1 " 39 , 29 29 ' 30 Lev.10 89 Lev. I6 32 " 34a t 1 - 31 ], Ex.28 29 ' 30 Lev. 6 6b - 7 [13 14 ],Nu. 4 n - 15a - 16 Lev. 10 12 ' 13 [2 1-3], 7 9, 10 f Ley# 27 1 " 29 ], Nu. 5 5_8 , Lev. 7 s , Nu. 31 25 ' 29 . Ex.40 12 - 13 [Lev. 8 7 " 12 ] [Ex. 39 1 " 39 ] Ex. 30 10 , Lev. 6 19 " 22 , Ex. 30 7 ' 8 PAGE 192 103 104 105 106 107 108 203 203 206 206 CONTENTS AND CLASSIFICATION Clast ification of the Codes Primitive Deulcro- Holiness Priestly Supple- E. REGULATIONS llOlltic mental REGARDING Priestly CEREMONIAL CLEANLINESS. I. Food. § 172. Clean and Unclean A n i- mals, Birds and Dt. 14 ? ,,J Lev. •>()-' 20 Lev.llC 1 - 2a \ 21,-2.5. Lev. 11-' 27, 29 § 173. Blood and 44b-47 41-44a Fat Dt. 13 23 -25 [ Ui , 15*3] Lev. 19 26a 17IO- Lev. 3 17 , i^23b-25p6] § 174. Flesh of Animals Torn 14 Ceil. 9 4 . by Beasts or Dying a Natural Death Ex. 33 31 . Dt. 14 21a . Lev. 33 8 . Lev. 7 LM . J 7 15, 16 § 175. Meat Cere- monially Un- Lev. 7 19a . § 176. Leavened Ex. 34 25a Ex.12 18 2° [3318] § 177. Fruit of Lev. 19 23 L'.'i § 178. Rules Re- garding the Eating of Meat Ex.34 26b . Dt.l3[ 15 ], 20-27 Lev. 17 !a ( :5,) ). 1:1 /4IA4c-7a (7b^ 8, 9 ? 19* 8 , 33 Lev. 7' l8 II. Causes and Puri- 111 L6 fication of Cere- monial Unclean- NIOSS. § 179. Loathsome Diseases Dt. 24 8 . Lev. 23* a Lev.13,1 I l :<2. 64 57 ,-■>., 3, L3 15 [16- is, 25 33] L«V. I 1 53 PAGE 208 21 1 2 1 2 2 1 2 2 1 S 213 213 2 ! 5 CONTENTS AND CLASSIFICATION Classification of the Codes Primitive Deutero- Holiness Priestly II. Causes and Puri- nomic fication of Cere- monial Unclean- n ess — Continued § 180. Childbirth. Lev. 12i 8 § 181. Contact with the Dead Dt. 21 22 Lev. 32 4b - Nil. 19 14 § 182. The Car- 23, 1-5 tia 21 casses of Ani- mals . . Lev. 5 2 , § 183. With Per- ll 8 sons or Things Ceremonially Unclean Nil. 19 22 , L e v. 5 :i § 184. With Spoils [I5i- 24 ] of War . § 185. Special Laws Govern- ing the Nazir- ites Nu. 6 0' 2a) 2b -12 F. THE LAW OF CIRCUMCISION. § 186. Origin and Requirements Gen. 17 9 14, 21 4 , Lev. 12 3 , Ex. 1248 G. THE SACRED DUES. § 187. First-born Sons Ex. 34 19a - 20c 22 19b Ex. 13i 2 , Nu. 31 1- § 188. First-born 13, 44, 45 of Flock and Herd Ex. 34 19b - Dt. 14 23 " Nu. 18 is- 20 5 13 11- 27 1519-22 is [Lev. 13a 22 30 . 27 26 - 27 ]- § 189. Firstfruits. Ex. 34 26a Dt. 18 4 , Lev. 19 24 , Nu. 15(i 7 < [23i Qa ] 261-n 23 (i° a ), 10b, 11 18a) ? 18b- 21 § 190. Tithes Dt. 14 22 27^12-15 Nu. 18 25 32 § 191. Poll Tax Supple- mental Priestly Nil. 19 11 13 ,3li 9 .. Lev. II 24 28, 29b -40 Nu. 31 20 - 24 NU. 346-51 [8i 6 - 18 ] . . Lev. 27 3 °- 33 Ex.30 u - 16 CONTENTS AND CLASSIFICATION Classification of th e Codes Primitive Deufcro- nomic Holiness Priestly Supple- mental § 192. Voluntary Priestly Offerings Ex. 34 2 °c, Dt. 16 10 L c v. 2 2 23 29a 16, 17 [ 12 5-8" (17, 18a) L8b-20 § 193. Things Vowed or De- voted Dt. 23 21 " Nu. 6 13 " 21 N u. •'{ o. 23, 18 26 Lev.27 1 § 194. Spoils of 28 War Nu. ".i II. SACRIFICIAL 31 OFFERINGS. § 19.5. Animal s Suitable for Sacrifice Dt. 15 21 , 17 1 Lev.22 18b - 22a (22b) I. The Different 23-25 (26 ) Forms of Offer- ing ;s. L'7a (27b) § H)<>. Ordinary Animal Sacri- fice Ex. 10 24 25 , 18 12 Dt. 12 11 . . Lev. 3 1 - 78 § 197. The Holo- caust Gen. 8 20 , Dt. 12 u - Lev. I 3 " 13 , Lex. 1" '■ Ex. 20 24 , 27a 6 8 L3 Dt. 27 ,; § 198. Cereal-Of- ferings Ex. 34 25a Nu. 15 ('• 2&\ L/i ■ 1*. [Lev. 6 19 - 231 [23 18a ] Lev. '. ,1:i 2b 16 §199. Libations. . Gen. 28 18 , Nu. 15 [Lev. 3o 14 b, > J in [<; 15, 171 Ex. •.'!»" '-'. Lev. 2, 6 § 200. Showbread Ex. •-'.-»". Lev. 24 s § 201. Sacred Lamps and In- 9 cense Lev. 24 1 ' [101-7] Ex. :;o 7 " [Lev. 27 20, 2il •I CONTENTS AND CLASSIFICATION II. Different Kinds of Sacrificial Of- ferings. § 202. Peace-Of- ferings § 203. Guilt -Of- ferings Primitive Deutero- nomic Classification of the Codes Priestly Holiness Lev. 22 21 . 1958 Lev.19 20 . Lev. 3 1 6 16 7II-M [15-191 20, 21 (28, 29a\ 29b-32 Lev. 19 21 22 5H-19 6 1 '" 7 [Nu! 5 5 " 8 ], Lev. 7 1 7 Supple- mental Priestly PAGE 246 248 § 204. Sin-Off erings. §205. Yearly Sin-Off ering § 206. The Red Cow § 207. Leprosy Offering. . 208. Jealousy Offering. Classification of the Codes Primitive § 209. The Daily Sacrifice I. THE PRE-EXILIC CALEN- DAR. § 210. The Sabbath § 211. The Passover § 212. Feast of Unleav- ened Bread \ 213. Feast of Weeks or Harvest % 214. Feast of Ingather- ing or Tabernacles § 215. Sabbatical Year. . . Priestly Lev. 5 113 , Nu. 15 22-31 Nu. 16 29 " 34a t 1 ' 281 Lev. 14 2 -7. 10 [ii- 20] 21-23 T24-32, 48-521 NU. 5 121 >' 13a ' c ' 15, 18, 21, 23, 24, 26a, 27b, 31 Primitive Ex. 34 2 i, 23 12 . . Ex.34 25b ,23 18b , 12 21-23 Ex. 34 x7 - 18 [23 14, 15, 17] Ex. 34 22a , 23 16a Ex. 34 22b , 23 i6b Ex. 23 10 - " Deuteronomic Dt. 5 12 " 15 [Ex, 20 8 " 11 ] Ex. 12 25 27a , Dt j_gl, 2, 4b-7 Ex. 13 3 " 10 , Dt, 163, 4a, 8 Dt. 16 911 Dt.16 13 " 17 Dt.l5i- 3 ,31i° 12 Supplemental Priestly Lev. 4 1 " 31 [ 32_35 911], 8 i4 - 15 [10 16-20] 624-29(30) Nu. 19i- 13 [ 14 " -22 >31 21-24]. _ Ex. 29 s8 " 42 [Nu. 28i - 8 ], Ex# 30 249 253 253 255 255 256 257 258 259 260 261 262 CONTENTS AND CLASSIFICATION J. THE SACRED CALEN- DAR OF THE POST- EXILIC HIERARCHY. § 216. The New Moon . . . . § 217. The Sabbath Lev. 19 3b [ 3( \ 26 2 ], Ex. 31 ( 12 13a") ? 13b (13c) 13d, 14 § 218. Feast of the Pass- over and Unleavened Bread Lev. 23 ( 10a ), j 10b-12 (13) 14a (14b) § 219. Feast of Weeks or Firstfruits Lev. 23 1518a j (18b, 19a) 19b 20 (21) § 220. Feast of Trumpets. | . . §221. Day of Atonement Classification »j the Codes Holiness Priestly Supplemental Priestly 222. Feast of Taber- nacles Lev.23( 39a ), 39b (39c) 40, 41a (41b) 42-44 § 223. Sabbatical Year. . .Lev. 25 (*• 2a ), Ex. 35 1 3 , Gen, 22. 3 Lev. 23 48 , Ex, lgl-13, 43, 4.J -TM Nu.28 11 " 15 Ex.31 1 ' 17 ,Lev. 23 3 , Ex. L6 22 » Nil. Ifi32 ,28»- 10 . . . PAGE Ex. r»" -'". N'u. 28 16 " 25 , 'J 1 " . Nu.88 26 - 31 Lev.23 23 - 25 . Lev. 16 Lev.23 33 - 30 . 2b-5, 17-22 § 224. The Year of Jubilee j Nu. 29 1 " 6 . .. . Lev. 83 Nu. 29 7 " [Ex. 30 10 ] Nu.89 12 - 38 Lev. 25 s " 34, 39-41'. U 268 269 269 2 3 .' 274 274 APPENDIX I. Selected Bibliography and Detailed References -' • •' II. The Civil and Criminal Decalogues of Exodi s 21 and 22 III. Rights and Duties of Wives in Hammurabi's Code 291 IV. Reparation for Damage to Property V. Hammurabi's Laws of Inheritance VI. Hammurabi's Laws Regarding Assault '-"•'■ ' VII. Hammurabi's Penalties for Theft VIII. The Marseilles Sacrificial Tablet IX. Tables of Weights and Measures - X. The Post-Exilic Sacred Calendar. 300 CONTENTS AND CLASSIFICATION INDEX OF BIBLICAL PASSAGES Explanation of Typographical Symbols and Abbreviations Page xxxv CHART AND DIAGRAMS Growth and Approximate Dates of the Old Testament Laws and Legal Prece- dents Frontispiece Plan of the Traditional Dwelling or Tabernacle Page 155 Plans of Solomon's Temple Opposite page 158 Oriental Temples Opposite page 162 ( J eneral Plan of Ezekiel's Temple and Courts Page 164 Form of Ezekiel's Altar ? a g e iy7 Detailed Plan of Ezekiel's Temple Page 168 Ezekiel Plan for Allotting the Territory of Canaan Page 182 INDEX OF BIBLICAL PASSAGES Genesis > CHAPTERS PAGES 32, 3 2 64 ' 3I8.23 59 8 20 240 9 4 212 9 5 ' ° 115 9 23 ' 24 59 17 9 " 14 226 21 4 227 28 18 244 35 14 244 Exodus 10 24 - 25 239 12 4 " 13 265 12 14 ' 20 266 12 18 " 20 213 12 21 " 23 258 13 25 " 27a 259 12 43 67,266 12 43b - 44 65 1345-50 2 ({ 6 12 48 227 13 1 - 2 228 13 3 " 10 260 13 n " 13a 228 16 3 - 48 260 16 911 261 16 22 " 2 « 264 18 12 239 18 13 "26 86 19 6a 143 20 [1 - r 'l 137 20 [4 -°) 100 20 [7 ' 104 20 18 - 11 ' 106 20 [12 ' 114 20^31 115 20l 14 ] 109 20 ll5 J 119 Exodus CHAPTERS PACKS 20 [1G) 89, 108 20 t171 114 20 23b 100 20 24 240 20 24 - 26 157 21 2 126 21 2 " 4 ...-. 62 21 5 - ° 61 21 7 ' 8 62 21 7 " 11 59 21 12 " 14 91,114 21 15 15, 114, 116 21 16 113 21 17 15, 114 31 18 116 21 20 > 21 65, 115 31 22 " 25 117 21 26 - 27 63,65 21 28 " 32 117 3128-36 69 21 32 65 21 33 - 34 (»!> 22 1 " 4 Hi) 22 5 " 8 69 22 9 " 13 70 22 14 - 15 <»!> 22 16 56 22 16 - 17 118 22 18 102 22 19 97, 112, 137 22 19b 227 22 21 203 •>*-'''■ :; " 201 38 40 - 43 1!»* 29 1 " 4 193 INDEX OF BIBLICAL PASSAGES Exodus CHAPTERS PAGES 29 5 7 203 29 8 " 25 193 29 27 - 28 199 29 29 ' 30 205 29 35 - 36a 194 29 38 " 42 256 30 1 " 6 156 30 7 - 8 208,256 30 7 " 9 245 30 10 207 30 11 - 1 ' 1 233 30 17 " 21 156, 195 30 [22] 193 31 12 " 14 263 31 13b " 17 106 31 15 " 17 264 32 25 " 29 172 33 511 151 34 12a 54 34 12 - 13 138, 142 34 14 97, 137, 145 34 15 ' 16 54 34 17 100, 137 34 17 - 18 259 34 19a 227 34 19b - 2,J 228 34 20c 227,233 34 21 105,257 34 22a 260 34 22b 261 34 25a 213,229, 2-12 34 26b 124,213,258 35 1 " 3 263 35 2 - 3 106 39 [1 " 39) 203 40 tl2] 193 40 12 l3 203 40 [14 - 1C1 193 Leviticus l[2b, 3] 238 l^- 17 241 2 la 243 2 1 - - 197 Leviticus CHAPTERS PAGES 2 2b - 1(i 243 2 14 " 16 231 3 1 246 3 1 - 711 240 3 6 " 16 246 3 17 211 4 1 " 31 [: - > -' i ' 1 251 o 1 90 5 1 " 13 249 5 2 223 5 3 224 5 14 - 19 248 6 1 " 5 70 6 1 ' 7 249 6 2 " 7 119 6 6b ' 7 197 6 8 " 13 242 6 14 " 18 200 6 19 " 22 207 6t 19 - 23 l 244 6 [24 " 26] 198 6 24 " 30 253 7 1 " 7 249 7 8 202 7 9 - 10 200 7 11 " 14 199,247 7 15 " 18 215 7 19a 212 7 20 - 21 105,247 723b-25 [26] . . 211 7 24 212 7 28 " 32 247 7 28 " 36 199 8U- 61 193 8 [7 " 12] 203 8 [13 - 3el 193 8 14 - 15 252 9 [1 " 7] 245 10 6 - 7 196 10 8a 197 10 8 - 9 196, 206 10 10 - " 197 10 12 - 1:: 200 10 14 ' l5 199 10 [16 - 201 249 XXX Leviticus CHAPTERS PAGES ll 1 " 23 209 ll 8 223 ll 24 " 28 224 ll 26 - 27 210 1129, 30 210 ll 29b - 4 " 224 ll 41 - 44a 210 ll 44b - 47 210 12 1 ' 8 221 12 3 227 13 216 14 1 " 32 219 14 2 " 7 - W 255 14 33 ' 53 219 14 54 " 57 221 15U- 24 ] 224 15 2b - 3 221 15 13 - 14 221 16 1 " 34 269 16 3234a 206 17 3 " 5 162 17 39 214 17 7 162 17 10 " 14 211 17 15 - 1(i 212 18 3 102, 138 18 4 - 5 142 18 6 " 18 53, 110 18 19 112 18 20 109 18 21a 103 18 21b 104 18 22 Ill 18 23 " 25 112 18 24 102 18 24 ^ -'•' 54 18 2G 142 19 2 144 19 3a ">2, 114 19 3b 106,263 19 4 102 19 5 " 8 214,246 19 9 ' l0 129 19 Ua 119 19 ub 114 INDEX OF BIBLICAL PASSAGES Leviticus CHAPTERS PAGES 19 12 104, 108 19i3b 60, 126 19 14 118 jgio 88, 108 I9I6 90, 118 !9i7, 18 133 19i0a 142 1919 113 1020-22 110,248 1923-25 213 1924 230 1920a 211 1926b 103 1927 142 1927, 28 138 1929 112 1930b 105 1931 103 1932a 133 1932b 144 1933 118 19 33 ' 34 67 1935-37 120 20 2 " 5 103 20 6 103 20 8 142 20 t91 114 20 10 109 20 11 ' 12 Ill 20 13 112 20 14 Ill 20 15 - 16 112 20 17 Ill 20 18 112 30 20 ' 21 Ill 20 22 142 20-' 3 102 •>()-'■ - { > 209 »026 144 20 27 102 21 1 " 9 195 21 7 55 21 9 112 21 10 " 15 206 21 13 -!5 56 Leviticus CHAPTERS PAGES 21 16 " 24 192 22 1 " 4 68 22 1 " 9 195 22 3b in.', 22 4a 216 22 4b - 6a 222 22 8 212 22 10 " 16 215 22 10b 61 22 17 " 20 233 22 18b " 27 238 22 21 246 22 28 124 23 3 264 23 4 ' 8 265 23 10 - n 230 23 10 " 14 265 23 15 " 20 198 23 18 ' 21 268 23 [22] 129 3323-25 269 23 26 - 32 272 23 33 " 3fi 273 23 39 " 44 272 24 1 " 4 245 24 5 -9a 202 24 5 " 9 244 24 10 " 13 104 24 15b - 16 104 24 17 115 24I8 70 2419 117 2421a ?n 3421b 1 LI 24 22 67 2423 104 25 1 " 5 274 25 1 " 7 131 25 5 " 7 124 25 6 61 258-10 132, 274 25 10 63 25 13 72 25 15 - 1(i 71 25 17 " 22 ^< l xxxi Leviticus CHAPTERS '>.-,' s - 19 142 2620-22 LSI 185 70, 132 3623-34 275 25 24 ' 27 7 1 25 28b 3529-32 71 8629-34 [92 25 31b 25 33 72 25 34 7 1 25 35 128 25 35 " 38 130 25 39 - 40a 61, 126 25 39 " 42 275 25 40b " 12 132 Z5 43 126 25 43 " 4,i "I 25 47 - • J8:i <;<; 25 47 "^ 63 25 47b " 52 35 53 I sl 35, is L96 35-9 is? 35-10 is", 39 iim; 311-13 311,1-" 78 325, 26 188 329-32 188 335-37 188 338b in.-, 344-51 INDEX OF BIBLICAL PASSAGES Numbers CHAPTERS PAGES 4 1 " 3 78 4 4 - 5 188 ■I" " 15a 197 4 16 1!)8 4 15 189 4 17 " 20 105 4 24 " 33 189 4 27 197 5 5 " 8 202 5 9 - 10 201 5 12b - 13a 109, 255 5 13b 58 5 13c 109, 255 5 14b 58 5 15 109,255 5 16 - 17 58 5 18 109,255 5 20 58 5 21 109, 255 5 22 58 5 23 - 24 110,256 5 25 58 5 26a 110,256 5 26b - 27a 58 5 27b 110, 256 5 28 59 5 29 58 5 30 58 5 31 110,256 6 1 " 12 225 6 1321 235 6 19 " 20 200 8 5 " 22 186 8 23 " 2S 186 9 1 " 14 267 9 U 67 10 9 83 10 33a - c - v 149 10 35 ' 36 149 15 1 " 16 242 15 3a - b - 4a 244 15 5 - r,a 244 15 7 - 10 244 15 14 " 16 67 lo 17 ' 21 230 Numbers CHAPTERS PAGES 15 20 - 21 201 15 22 " 31 250 15 29 - 30 67 15 3031 108 15 3236 106,264 15 3741 139 16 2934a 253 17 11 " 1 " 185 17 1 2a 196 18 1 " 6 187 18 5 197 18 7a 197 18 9 - 10 200 18 11 201 18 12 " 14 201 18 15 " 18 201,228 18 19 201 18 20 199 18 21 191 18 22 105 18 23 - 24 191 18 25 " 32 201,232 19 113 253 19 11 " 13 223 19 14 " 21 223 19 22 224 25 6 " 13 5r, 26 2a - 3a 80 26 52 " 56 79 27 1 " 11 73 28 [1 " 81 256 28 9 - 10 264 28 11 " 15 262 28 16 " 25 267 28 26 ' 31 268 29 1 " 6 269 29 7 ' 11 272 29 12 " 38 273 30 116 234 30 3 " 5 52 30 6 " 8 57 30 13 " 15 57 31 la - 2 - 3 85 31 7 " 18 85 31 19 223 xxxii Numbers CHAPTERS PAGES 31 20 " 24 225 31 21 - 31 85 31 25 " 29 202 31 25 " 31 237 31 28 - 30 191 31 47 191 35 1 " 8 191 35 9 " 15 92 35 14 " 34 115 35 15 67 35 30 89 36 1 " 12 73 Deuteronomy l 16 66 116. 17 88 4 2 139 4 5 ' 6 142 4 15 " 28 101 4 41 " 43 92 5 1 140 5 6 145 5 7 98 5 7 - 8 137 5 8 " 10 100 5 11 104 5 12 " 15 106,258 5 16 52, 114 5 17 115 5 18 109 5 19 119 5 20 89, 108 5 21 114 5 29 144 5 32 - 33 140 6 1 " 3 140 6 4 - 5 146 6 6 - 7 139 6 6 " 9 94, 137 6 8 - 9 139 6 10 " 12 144 6 13 146 6 14 - 15 98 6 16 - 17 140 INDEX OF BIBLICAL PASSAGES Deuteronomy CHAPTERS PAGES 6 18, 19 145 '020-25 94 ,;-'» 144 71, 2 84 71-1 .55, 143 jsfi 101, 138 7« 143 711. 12 140 7I6 66,84 y22-26 84 725 139 ' 8 1 140 8 5 " 11 141 ; 8 6 144 8 in 145 8 19 145 S 1 '-'- 20 98 10 1 " 5 150 10 s 174 10 9 " 12 146 K) 1 - l:1 141 10 18b - 19 133 lO-'O 146 Ilia 81 ll 1 141, 146 118.9 120 L113-15 81, 146 1114-16 145 ll 1 ". 17 98 ll 18a 139 lltl8-2l] 94 ll 2 6-28 98 ll 26 " 32 141 IS 1 " 4 100 I'.'' :i 138 I8 t5 " 8] 233 12 10 ,s 161 12 n 240 f. ,in - 12] 177 12 1151 213 12""' 211 12 17 - ls 65 Vi^ 176 1220 27 214 l« 23 -25 211 Deuteronomy CHAPTERS PAGES 12 26 234 12 27a 241 12 2931 103, 138 13 1 " 18 99 14 1 ' 2 138 14 3 - 20 208 14 21a 212 14 21a ' c 67 14 22 ' 23 176 14 22 " 27 231 14 23 " 27 229 14 27 176 14 28 - 29 129, 177 15 1 " 3 262 15 1 " 10 131 15 3a 67 15 7 " 11 128 15 12 " 15 63, 126 15 16 - 17 62 15 18 63 IS 19 ' 22 229 15 2 1 238 15 [23] 211 16 1 2 259 16 3 - 4 260 16 4h " 7 259 16 5 ' (i 161 16 8 260 16 911 261 16 10 233 16 10 - ll 65 16 1014 176 16 n ' 12 129 16 13 " 17 . 261 1616- 17 233 16 18a 87 16l8b-20 88 16 19il 107 16 19h 107 1620 107 1621. 22 100 17 1 238 172-7 98 176 Si) 17 7 89 xxxiii Deuteronomy ill mm BRS 17 8 " 11 88 17 8 " 13 L74 I712, 13 90, 108 1714-20 80 18 la - b IT.". 18 la - c 176 18 2 1?:. 18 3 " 8 176 18 4 230 18 9 " 14 L02 18 10a 103 18 13 143 1818-22 104 19 1 ' 13 115 19 11 " 13 91, 115 19 u 120 1915 89 I9I6-21 go, 108 20 la s ' 20 1 " 4 20 2 " 4 175 20- r »- 7 si 20 9 SI 20'° 83 20 10 12 B2 20 12 ,s 83 3019, 20 st 311-5 £22 31 5b 174 2110-14 54, 84, 121 21 1 *- 17 72 3118-21 52, 1 1 \ 2122, 23 321-4 (iS 32 5 US 33 fi . 7 124 22 8 125 22 9 " 11 H3 22 i2 139 3313 21 .-.: 33I8, 19 .-.<» 3322-24 10!) 3325-27 11? 3328, 29 56, 59, I is 22 30 53, ll" INDEX OF BIBLICAL PASSAGES Deuteronomy CHAPTERS PAGES 23 1 " 8 77 23 9 " 14 82 23 15 - 16 64 23 17 - 18 112 23 18 234 23 19 - 20 130 23 20a 67 23 21 " 23 234 23 24 - 25 119 24 1 " 4 60 24 5 81 24 6 125 24 7 113 24 8 175,215 24 10 - u 124 24 12 - 13 125 24 14a 118 24 14 66 24 14 - 15 60, 126 24 16 125 24 17 - 18 66, 127 24 19 " 22 128 25 1 - 2 88 25 2 - 3 90, 125 25 4 123 25 5 - 6 72 25 5 " 10 56 25 11 - 12 113 25 131(; 120 26 1 137 26 1 " 4 175 26 1 " 11 230 26 1113 129 26 12 " 15 231 26 16 - 17 141 26 18 - 19 143 Deuteronomy CHAPTERS PAGES 27 1 " 4 92 27 [5 " 71 157 27 6 240 27 8 92 27 10 141 27 15 101 27 16 52, 114 27 17 120 27 18 > 19 118, 127 27 19 66 27 20 53, 110 27 21 112 27 22 - 23 53,110 27 24 117 27 25 88, 107 27 26 142 28 9 - 10 144 30 810 145 30 10 146 30 15 - 16 142 30 17 - 18 ..... 98 31 9 " 13 93 31 10 ' 12 262 31 24 " 26 150 31 [25 - 261 175 33 8a - 10 174 Joshua 8 30 " 35 93 18 2 - 10 78 I Samuel 30 21 " 25 83 I Kings CHAPTERS PAGES 6 2 " 6 - 9 158 6 15 " 36 158 7 13 " 51 159 I Chronicles 23-25 189 II Chronicles 41. 7 - 160 Ezekiel 40 1 " 27 162 40 28 " 47a 165 40 47b 166 40 48 - 49 168 41 1 " 4 168 41 5 " 15a 169 41 15b - 26 168 42 1 " 14 170 42 15 " 20 171 43 1 ' 12 171 43 13 " 27 166 44 177 45 1 " 8 182 45 9 " 17 180 45 21 " 25 180 46 115 180 46 16 ' 18 183 46 19 " 24 171 47 [48] 183 EXPLANATION OF TYPOGRAPHICAL SYMBOLS AND ABBREVIATIONS Text in roman type. Supplemental and editorial additions to an older section in smaller type. Superscriptions ix small capitals. Poetical passages are distinguished by smaller type and broken lines. Explanatory clauses, found in the original, in ( ). English equivalents of the more significant Hebrew proper names in [ ]. Words implied by the context or supplied to restore the original narratives, where these have been abridged in the process of editorial fusion, /'// italics. Foot-notes, presenting the reasons for the analysis and classification of the mate- rial, significant alternate readings, and explanatory material, in small roman type. Interpretative side-headings, giving a condensed summary of the accompanying text, on the margins in small roman type. Chapter numbers in arabic figures. Verse numbers in small figures placed above the line. Successive portions of a verse indicated by ' or , placed after the verse number. Thus, Genesis II. 4 (second part of the verse) to IV. 6 (first half) inclusive is written ." - 1'. Complete stories or literary units (with their parallels, if any) are numbered with arabic numerals successively throughout the entire volume and are referred to as sections. Thus, § -2 refers to § 2, The Primitive Story of Man's Creation and Fall, pp. 53-56. AmRV = American Revised Version (1901). AV = Authorized Version (1611). Apocr. = Apocrypha or apoc- ryphal. Aram. = Aramaic. Assyr. = Assyrian. Bab. = Babylonian. cf. = compare. e. g. = for example. f. = and following. Gk. = Greek B (Vatican) text of the O.T. General Abbreviations Gk.A = Alexandrian Gk. text of the ( I.T. Gk. S — Sinaitic Gk. text of the O.T. Heb. — Hebrew, i. e. = that is. Jos. = Josephus. Lat. = Latin (Vulgate) text of Jerome. Lit. = literally. Luc. = Lucian's Recension of the Greek O.T. N.T. = New Testament. Old Lat. = Old Latin Version of the O.T. Origen = Reading found in i Irigen's Hexapla. O.T. = Old Testament. - Pentateuch. RV= Revised Version (1885). Sam. = Samaritan Version of the I Sem. = Semitic. Syriac Version of the O.T. 1 - = Targum. Vs. = verse. Abbreviations for the Old Testament and Apocryphal Books Gen. = Genesis. Is. = Isaiah. Ex. = Exodus. Jer. = Jeremiah. Lev. = Leviticus. Lam. = Lamentations Num. or, Nu. = Numbers. Ezek. — Ezekiel. Dt = Deuteronomy. Dan. = Daniel. Josh. = Joshua. Hos. — Ho Judg. = Judges. Am. = Amos. Sam. = Samuel. t)l>. = Obadiah. Kgs. = Kings. Jon. — Jonah. Chr. = Chronicles. Mic. = Micah. Neh. = Nehemiah. Nah. = Nahum. Esth. = Esther. Hab. = Habakkuk. Ps. = Psalms. Zeph. = Zephaniah. Pr. = Proverbs. Hag. = Haggai. Ecc. = Ecclesiastes. Zech. = Zechariah. Sg. of Sgs. = Song of Songs. Mai. = Maiachi. Esdr. = Esdras. Wisd. Sol. = Wisdom of Solo- mon. B. Sir. = Ben Sira or bcclesi- eus. I taruch. Sg. of Three = Song of the Three < Ihildren. Sus Susanna. 1'ryr. of Man. Prayer of Manasses. Mai I I nocfa - Booh of 1 Inoch. Ps. of Sol. = Psalms of Solo- mon. X \ X V THE HISTORY OF ISRAELS LAWS AM) LEGAL PRECEDENTS INTRODUCTION THE BABYLONIAN BACKGROUND OF ISRAEL'S LAWS In the light of recent discoveries, the study of .ancient law begins to- The day, not with the legal system of Israel, of Greece, or of Rome, but with llf ""ii- that of early Babylonia. Long centuries before the days of Moses or |«at»on Minos or Romulus, the peoples living between the lower waters of tlie cienl Tigris and the Euphrates developed legal codes that deeply influenced all l^*~ subsequent legislation. This early rise of law in ancient Babylonia is pri- marily traceable to the physical contour and position of the land itself. For countless generations beyond the dawn of history, the rich alluvial territory lying between the two great rivers attracted the nomadic peoples of every quarter of southwestern Asia. The soil of this coveted region could be re- claimed from the annual floods, and permanently held against the strong foes ever pressing in from the east and west, only by the most arduous toil of hand and head. While Nature early spurred the mixed, virile popula- tion of ancient Babylonia to develop a high type of civilization, she gener< lusly rewarded its persistent labor. In return for skilful cultivation the land furnished lavish harvests; for the development of the arts it also provided abundant facilities, not the least of which was the soft clay of the river- banks, a material early utilized for buildings, for military defences, and for literary records. Natural gate-ways opened in every direction for commerce. The Tigris Why it and Euphrates with their tributaries penetrated far into the populous high lands to the east and north of Babylonia. On the west, the Arameans and | Arabs, the great land traders, carried Babylonian wares to the Phoenicians, wtion Egyptians, and southern Arabians, and in turn brought back the products of those other centres of ancient civilization. To the south, the Persian Gulf opened into the Indian Ocean and commanded the trade of Arabia and India. It is not strange, therefore, that Babylonia early developed a rich, dominantly commercial civilization, the influence of which radiated through- out the known world. This intense commercial activity explains why the art of writing and the Earij making of law attained in Babylonia so high a stage of development: com- |, J ,','„.",,, merce demands for its development exact written records and the protection "Jf^ of just and well-defined laws. Hence, for more than a thousand year- before surtof the days of Moses, the Babylonians had so far perfected their system of " writing that it was in as general use as writing was among the Greeks or 3 ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS Romans, or as it is to-day among most oriental peoples. The scribes con- stituted a large and important class in the community. Every important transaction was recorded in written contracts, usually duplicated to guard against injury to individual copies. All important judicial decisions were likewise recorded. Hundreds of thousands of these legal documents have already been discovered in the ruins of Babylonia and Assyria. Obviously, this remarkable command of the art of writing was of great service in the development of definite laws and legal codes. Among a primitive nomadic or agricultural people a few simple customs, at first transmitted orally from generation to generation, sufficed to meet the popular needs; but in a complex commercial civilization, a great variety of legal questions arose and were decided. It was the Babylonian custom to commit to writing all legal decisions; and these became the basis of an ever-growing body of written laws. The The few popular traditions attributing to a certain god the origin of Baby- f££ aer ~ Ionian law, throw no light upon its earliest beginnings. Its origin is far older family than the most primitive history and literature of the human race. In the legal phrase-books of the later scribes chance has preserved to us seven so- called Sumerian laws; they are written in the archaic language of the very early, though highly civilized, people that occupied the southern part of the Tigris-Euphrates valley before it came under the sway of the Semites. These laws were probably in existence in the fourth millennium B.C.; the origin of some of them doubtless goes thousands of years farther back. The frag- ments which have been preserved treat of family relations; as, for example, // a son has said to his father, "You are not my father," he may brand him, lay fetters upon him, and sell him (cf. for the others, Appendix II). The literary form and themes are the same as those of the later Babylonian and the early Old Testament laws. The re- By far the most important code yet discovered comes from about 2250 B.C. ™" tly It bears the name of the real founder of the Babylonian empire, already covered we ]i known to scholars through his letters and historical inscriptions, the Ham- great Hammurabi. The laws are clearly inscribed in forty -four columns mural u Qn , m a i most S q Uare block of black diorite. It was found by French excavators at Susa in December, 1901, and January, 1902. Five columns of the original inscription have been erased by the Elamite king who carried it off as spoil, probably from the temple of Shamash at Sippara where it was first set up. Three thousand six hundred lines, however, still remain. These were ar- bitrarily divided into sections and numbered by the first translator, Professor V. Scheil of Paris, and this division into sections has been generally adopted for reference. Pur- In the remarkable epilogue which he appended, Hammurabi plainly states ££f a e of the motives that guided him as a ruler, and led him to prepare and set up this code body of laws. He describes himself as the shepherd chosen by the gods to care for his people, to lead them into safe pastures, and to make them dwell in peace and security. That the great should not oppress the weak, to counsel the widow and orphan, to render judgment and to decide the decisions of the land, and to succor the injured, he wrote these noble words on his stele 4- THE BABYLONIAN BACKGROUND OF ISRAEL'S LAWS and placed them before his likeness. By the command of Shamash, the judge supreme of heaven and earth, that justice might .shine in tin land, he set up a bas-relief to preserve his likeness. At the head of the laws i^ an exceedingly suggestive picture representing Hammurabi receiving them from the seated sun-god Shamash. The epilogue also adds: The oppressed who has a suit to prosecute may conic to my image, that of a righteous king, and read my inscription and understand my precious words, and mm/ my stele elucidate his case. Let him see the law he seeks, and may he draw his breath and say, "This Hammurabi teas a rider who was to his people like the father who begot them. lie obeyed the order of Marduk his lord, he followed the com- mands of Marduk above and below. He delighted the heart of Marduk his lord, and granted happy life to his people forever." Let him recite the docurru ul . These words betray a benign, God-fearing, paternal ruler, actuated by the principles that underlie all just legislation. The contents of the code confirm the implications of its epilogue. The code consists entirely of civil laws dealing with specific legal questions thai were constantly arising in the empire over which Hammurabi ruled. Briefly e \ '[" ''■' and clearly the given offence or case of dispute is stated: then the penalty acter or course of legal action is definitely outlined: as, for example. // a man has borne false witness in a trial, or has not established the statement that he has made, if that case be a capital trial, the man shall be put to death. The code was evidently prepared for the guidance of judges no less than for those seeking justice. The aim, apparently, was not to present everj possible case, but, leaving the more unusual to be decided by the judge, t'> register the common and typical. Unlike most oriental literary products, the laws have been systematically classified. They are included under three great heads with subdivisions: I. Introduction on evidence and decisions; 11. Prop- erty, (l) personal, (2) real, and (3) in trade; III. Persons, (1) the family, (2) injuries, (3) laborers and labor. Within the smaller groups of laws, those defining the rights and obligations of the patrician classes precede those relating to the plebeians and slaves. This entire collection of laws is properly called the Code of Hammurabi. < Under his personal direction it undoubtedly assumed its present form, and by history him it was publicly promulgated and made the law of the empire. He stales distinctly that he received it from the god Shamash. The meaning of this statement, however, must be interpreted in the lighl of the code itself. Some of the laws, doubtless, were first formulated by Hammurabi; to this class may well belong those which attempt to fix a uniform price for hire and labor; but it is certain that the code as a whole rests on far older foundations. Many of its laws are assumed to be already in existence, and not a few of its legal phrases are found in contracts dating long before the lime of I lammurabi. Like the Indian Laws of Mann, or the Greek Gortyan Code, or the Roman Twelve Tables, the code is evidently a compilation incorporating many very early laws and customs. So comprehensive and so well adapted to the needs of Babylonia was the wonderful Code of Hammurabi thai for more than fifteen hundred years it continued to be the fundamental law of the Babj Ionian and Assyrian empires. 5 ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS Its in- How far did this highly developed Semitic code influence the laws of the fluence Hebrews ? The fact that it was in force through a large part of southwestern upon Israel's Asia for over a thousand years before the advent of the Hebrews, and that it bears striking analogy in theme, content, and form to many Old Testament laws, naturally prompts this query. The question is one that concerns not the reality but the method of divine revelation; for that revelation is as broad as human life and history. The vital consideration is whether the Infinite Judge made known the eternal principles of justice through the minds and life of the Babylonians as well as of the Hebrews ? If so, the history of the origin and growth of Israelitish law begins in ancient Babylonia long before the days of Hammurabi; and the code of that truly noble ruler marks, like the Book of the Covenant (Ex. 21-23) and Deuteronomy, one of the great receptive epochs of divine revelation through human laws and institu- tions. Early The final answer to this important question must, of course, be based on lonfan & detailed and careful comparison of the codes as a whole, and of the individual influ- i aws; to approach the study a glance at some historical points of contact fn° e between Babylonian and Israelitish civilization must here suffice. It is Canaan pro k a ble that out of the same peculiar nomadic life of north Arabia came the ancestors of the Hebrews and those of the Babylonian line of rulers to which Hammurabi belonged. A common Arabian origin may go far to ex- plain the many points of analogy between the two legal systems. In the oldest Babylonian inscriptions, far antedating the days of Hammurabi, the more ambitious rulers of the lower Tigris-Euphrates valley tell of conquests of theirs which extended to the eastern shore of the Mediter- ranean. Even during the periods when military prowess did not prepare the way, traders, bearing the civilization and thought and institutions of the East, carried on the peaceful but no less effectual conquest of Palestine. For three millenniums at least their conquests continued, until, as we know from contemporary chronology and the testimony of archaeology, the pre-Hebraic civilization of Canaan reflected predominantly that of Babylonia. Later There can be no doubt that the Babylonian culture influenced the Israelites contact through their own Semitic ancestors, and still more strongly through the tween Canaanites; but there are two periods in their history when that influence ion b and was overwhelming. The first period was when the Assyrians, the heirs Israel and conquerors of Babylon, held Palestine for nearly two centuries in their iron grasp; the second, when the new Babylonian empire under Nebuchad- rezzar conquered Judah and carried away to an exile under the shadow of the mistress of the East, the political, intellectual, and religious leaders of the Israelitish race. Nature The intricate manner in which the history of these two peoples is con- Baby 3 - stantl 7 interwoven is one of the most remarkable and significant facts of Ionian antiquity. That the younger and weaker was deeply influenced by the older and stronger is patent; in the case of the specific laws, however, that influence, though marked, appears to have been indirect rather than direct. ( i i adually, probably unconsciously, assimilating that which they inherited 6 ence THE BABYLONIAN BACKGROUND OF ISRAEL'S LAWS from the Semitic past, the early Israelites, wrought upon by the Divine, developed their own peculiar institutions and laws; for, striking as arc the external analogies with the laws of other ancient people, especially in cere- monial regulation, the majority of the Old Testament laws are informed by a spirit and purpose which have no ancient parallel. n THE ORIGIN AND GROWTH OF ISRAELITISH LAW Mean- In derivation and variety of meanings there is a wealth of suggestion in the° f the term torah, the Hebrew word for law. It comes from a verb which means Hebrew f Q paint ou t, to direct, and this in turn is probably to be traced back to an for law earlier root signifying to cast or throw the sacred lot or arrows employed in early times to determine the divine will. The verb is thus used in Joshua 18 6 to describe the casting of lots. Hence torah meant originally the decision obtained by the lot, and then it stood for the authoritative direction or decision that came from Jehovah and was made known to the people by his official representatives. Differ- Since Jehovah was represented in ancient Israel by several different classes kinds °f teachers, there were various kinds of torahs. One of the oldest and most of significant was the torah or decision of a judge like Moses, which soon came to be recognized as a precedent to be followed when cases similar to that which called it forth arose (Ex. 18 15 ? 16 > 20 ). The torah was sometimes the designation also of social and moral teachings (Is. 5 24 ), of political counsels (Is. 8 16 > 20 ), and of religious doctrines (Is. I 10 ) of prophets like Isaiah. In the prophetic books it frequently denotes the teachings of the prophets as a whole (c. g., Jer. 6 19 , 9 13 , 16 11 , 26 4 ). And constantly the wise men or sages through- out their writing refer to their own characteristic teachings that were usually cast in the form of proverbs (e. g., Pr. I 8 , 3 1 , 4 2 , Job 22 22 ) as the torah or instruction. In Psalm 78 1 a psalmist uses the same broad term to describe the didactic poem that follows. In all these passages the common idea is that the torah consists of a body of definite and authoritative directions or teach- ings coming ultimately from Jehovah himself. The From statements like that in Jeremiah 18 18 , however, it is clear that the oTthe torah was early regarded as the especial contribution of the priest. The priests enemies of Jeremiah justify their attack upon him by asserting that the torah (or lair) shall not perish from the priest, nor counsel from the icise, nor the word from the prophet (cf. also Ezek. 7 26 ). In its earliest and limited sense the torah was the specific decision or direction given by the priest, and ascer- tained by him, usually in response to some definite question, by means of the oracle or lot or other accepted method of ascertaining the will of the Deity. Thus according to Malachi 2 6 , the torah of truth was in the mouth of the priest . . . and the people should seek the torah at his mouth. In Haggai 2 U the people are commanded to ask a torah from the priests in regard to a certain ceremonial question. In the prophetic books charges are not infrequently brought against the priests because they have misused their authority as guardians of the torah (Mi. 3 11 , Zeph. 3 4 , Ezek. 22 26 , Mai. 2 8 . 9 ). From 8 THE ORIGIN AND GROWTH OF ISRAELITISH LAW the earliest times the priests, since they were the guardians of the oracles and constituted an established religions class that could readily be found at the different local sanctuaries, were resorted to as arbiters and judges in cases civil as well as ceremonial. According to the later Deuteronomic codes the supreme court of appeal included both priests and laymen; and its decision on a specific question was still called the torah or direction (l)t. 17"). As in the case of the teachings of the prophets and sages, torah in like manner became in time the regular designation of a group of technical directions ,.',','^'.17, regarding some specific subject, as, for example, the lomJt of the burnt-offering, " f ''"' of the cereal-offering, or of the Nazirite (Lev. (>■'• ' '■ -•"', 7 1 " ll » :;: . 1 1 "'. 12 7 , Torah 13 59 , Nu. 5 29, 30 ). Primarily these rides appear to have been intended for the guidance of the laity rather than the priests. Soon, however, the torah or law was the name applied to a code of laws (as, for example, that found in Dt. I 5 , 4 8, 44 , 17 18, 19 , etc.), or appeared in the familiar phrase the torah or law of Moses, which described the collection of codes ascribed by later genera- tions to the first great leader of the Hebrew race (Josh. I 7 - s , 8 31 - 32 , I Kgs II Kgs. 10 31 , 17 13 - 34 , 21 8 ). In the later Old Testament books and in the New Testament, The Torah has become the prevailing designation of the combination of narrative, poetrv, and law found in the first five books of the Hebrew Bible (I Chr. 16 40 , II Chr. 31 3 , Ezra 3 2 , Neh. 8 1 ). The legal torah in its broad application, therefore, included all the directions — civil, judicial. moral, ceremonial, or religious — that came from the lips or pens of priests or priestly scribes. As has been pointed out, when the early priest by the use of the oracle or Oricin sacred lot, or on his own authority as God's representative, rendered the de- i', ( .]„'f cision, it was Jehovah's torah. When this and kindred decisions became the precedents by which later judges were guided in deciding similar cases, they origin felt that they were simply applying Jehovah's law. Priestly editors who recorded the customary laws that grew up on the basis of these precedents, or else expanded or modified the primitive customs in order to adapt them to new conditions, felt, as did Ezekiel (cf. Ezek. 40-48), thai they were simply the agents of Jehovah. To be sure, the concrete, naive form in which they often expressed this fundamental belief cannot be interpreted with a blind literalness. The declaration that Jehovah talked face to face with Moses <>r wrote with his finger on tablets of stone reflects the primitive, anthropomorphic conceptions of God which are so prominent in the story of the Garden of Eden and the earliest patriarchal narratives. But this is only the early graphic manner of stating the eternal fact that God communicated his truths directly to his prophets and people, and inscribed a knowledge of his law. not with his finger on perishable stone but by means of individual and national experiences, upon the imperishable consciousness of the Israelitish race. The process of revelation was indeed more natural and sublimely accordant with God's methods of accomplishing his purpose than Israelitish tradition pictured if: and yet these concrete pictures impressed upon the minds of the earlj I hlmu - the divine origin of the law much more clearly and vividly than a more exact and therefore more abstract statement of the fact would have done. 9 ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS Pro- For the child now, as for the human race in its childhood, these concrete nature 6 pictures have a practical value, for they emphasize the essential truth that the ° f . ancient laws embody the will and possess the authority of God himself. To revela- some mature minds, however, that picture language obscures the almost through equally important fact that the revelation of God's will through the Old Testa- thelaw men t laws was progressive and adapted to the developing consciousness of the race. A torah was given only when demanded by human needs, and origi- nally it gave in each case specific directions to anticipate those immediate needs. That the different laws and codes reflect the developing moral and religious consciousness of many different ages, the character of the laws and codes themselves is conclusive evidence. The testimony of Israelitish history also confirms the conclusion that the ethical standards and laws varied greatly from generation to generation. Acts like the torture of enemies (II Sam. 8 2, 13 ) or the sacrifice of human beings to appease Jehovah (II Sam. 21 1 " 6 ), which were regarded as entirely legitimate by David and his con- temporaries, were unsparingly condemned by an Amos (l 3 - 13 ) or a Micah (6 7 > 8 ). Jesus himself proclaimed the fundamental principle of religious evo- lution to be, First the blade, then the ear, and then the full corn in the ear. His statement, that he came to fulfil the law, that is, to bring it to full and perfect expression, is equivalent to affirming that it represented a progressive unfold- ing not yet complete. Repeatedly he declared, Ye have heard that it was said to them of olden time, but I say to you, and then proceeded to substitute for the ancient law a nobler command. Origin It was only very late Judaism that attributed all the Old Testament laws °radi- to one man and age. There was a twofold reason for this; it was partly due tional to a mistaken worship of the authority of the past, a worship which failed to tion of realize that God's revelation was progressive, leading upward rather than the law d ownwaro < • anc l it was due partly to the tendency of later rabbis to recognize as authoritative only those books which were associated with the name of some early prophet or hero of the faith, such as Samuel or David or Solomon or Isaiah. The Old Testament itself, as is well known, does not directly attribute to Moses the literary authorship of even a majority of its laws; the passages that place them in his mouth belong to the later editorial framework of the legal books. Moses' The oldest records of Moses' work, and the history of the torah, suggest lafiorT the great leader's real relation to Israelitish legislation as a whole and justify ''' J he the title, The Law of Moses, so often applied to that legal lore. As a prophet Testa- and leader he called the Israelitish race into being; and he it was who legi'sla- inspired it with ideals, moral and religious, of which its later history and tion institutions were but the realization. There are good grounds for believing that the simple religious principles which he impressed upon his people were but the germinal ideas which, in the school of trying national experience, gradually unfolded into the torahs of the subsequent prophets and priests. His own age had no need of elaborate written codes. To his followers in the desert the detailed laws which grew up about the later monarchy and temple would have been meaningless. Exodus 18 1327 tells us that he gave the Israelites of his day what they needed; and the need was definite, detailed 10 THE ORIGIN AND GROWTH OF ISRAELITISH LAW directions and decisions on questions of doubt or dispute as these questions arose. From morning until evening the people crowded about him to inquire the will of God; and like a Bedouin sheik or a priestly judge of later [sraelitish history, he investigated each case and rendered a decision. As he thus de- cided which of two litigants was in the right, he also made knovm the statutes of God and his decisions, and thereby laid the foundation of later Israelii isfa law. As customary law gradually grew up on this concrete foundation, tradition naturally attributed its origin to Moses. When later scribes codified and committed to writing the constantly expanding body of oral laws, they also preserved the traditions of Mosaic origin. Even though they modified or supplemented the older laws in order to adapt them to new conditions and to embody the higher principles set forth by later prophets, they fell neither desire nor justification for altering the traditional title. The tendency, rather, of exilic and post-exilic Judaism was so to magnify and give graphic expres- sion to the ancient title that practically all of the Old Testament laws were made to come directly from the mouth of Moses. In the same dramatic manner are set forth the two great truths thai t underlie the authority of Israel's laws. The first truth is: back of the laws author- lie the work and teachings of the great prophets of Israel who proclaimed Jf-'yy the exalted principles which the laws embody. The second truth is: back of ing " the prophets, and speaking through them and the conscience of the Israelii ish law race, was Israel's God. The various processes and stages whereby the different laws attained their final form may be traced in detail; but they are of minor importance compared with the supreme fact that Israel's laws contain God's directions, adapted at each point to the intelligence and needs of the race. The fact that many of Israel's laws and institutions were inherited from The an older Semitic past does not affect the divineness of their origin; to receptive ;"'''.' n ,;'~ souls, however limited their spiritual perspective, the infinite God has in all taw*' ages and to all races revealed truth as fast as they have been able to receive it. Hammurabi and most ancient lawgivers not only acknowledged bul openly proclaimed their debt to the Divine. Israel received much from the past; but more than this, she developed unceasingly her own gift; her laws take on a wide human significance because they constantly incorporate the ampler principles enunciated by the nation's inspired prophets. It is this new element, reflecting as it does a nobler conception of God, of duly to him and to fellow-men, that makes the Old Testament laws unique. We have referred to the part played by torah; there are still other ( )ld Testa- Mean- ment legal terms equally suggestive of the processes by which Israel's laws '„','*;'. gradually grew. Mishpat, derived from the same root as the Hebrew word §*£ for judge, meant originally a judgment or a decision given in connection with ion a specific case. Like torcih, however, it was soon used to designate the enact- ment or law which grew up on the basis of the original decision, and embodied its underlying principle. In this sense it is used in Exodus it 1 and 84 , as a title to the body of specific laws found in aiMa 27 (introduced in each case by when or if) which anticipate certain crimes and prescribe definite penalties. At first it appears to have included only civil laws, as in Exodus and Numbers 27 11 and 35 24 , but in time it was applied to ceremonial laws 11 ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS as well (r. (/., Lev. 18 4, 5> 2(> , 19 37 ). In the historical books it is sometimes used in the sense of custom, suggesting the intermediate stage between a verbal decision and a fixed law. Other The other synonyms for law are comparatively late. Commandment is brew a characteristic term in the Deuteronomic legislation. It emphasizes the syno- divine authority back of the given law (e. g., Dt. 4 2, 40 , 5 29, 31 ). Testimonies for law (edwoth, edoth) is another Deuteronomic term (Dt. 4 45 , 6 17, 20 ), especially applied to moral and religious enactments solemnly proclaimed and attested by Jehovah. Precepts (pekkudim) is found only in the Psalms (note especially Ps. 119). Statute, from a root meaning to inscribe or engrave, suggests a period when writing on stone was well known. This term recalls the divine command to Isaiah (Is. 8 1 ) to write the essence of his prophecy on a tablet and set it up before the eyes of the people. The practice of inscribing the more important laws on tablets and putting them up before the people was common in antiquity, as witness the Code of Hammurabi, the Gortyan Laws of Crete, and the Twelve Tables of the Romans. The word statutes also occurs frequently in the Deuteronomic and priestly codes and suggests that the custom was not unknown among the Hebrews (cf. Dt. 27 2 ~ 4 ). In general it emphasizes the importance and established authority of the laws thus designated. Author- In the light of these studies, and of analogies among other kindred peoples, that it is thus possible to trace definitely the processes by which Israel's individual Jl en ~ d laws came into being. The original decisions that constituted the prece- the dents upon which oral and customary 7 law grew up, were rendered, (l) by dec1- na regularly appointed judges, usually leaders of the nation like Moses or heads wh"ch of families ( e - Ex - 18 13 ' 26 , Dt. I 9 " 18 ); (2) by military chieftains or kings shaped like David. In I Samuel 30 24 > 25 , for instance, there is a most instructive ex- lawa ample showing that the law regarding the distribution of booty, which Numbers 31 27 attributes to Moses, first arose as the result of a decision given by David after an expedition against the Amalekites. In addition to the authorities instanced under (l) and (2), we have to add (3) that the great majority of the Old Testa- ment laws doubtless grew out of the decisions of the priests (Mai. 2 6, 7 ), or (4) later, out of the renderings of the supreme court of appeal at Jerusalem (Dt. 17 8 " 12 ). Edi- There is no evidence, however, that a special legal commission or legislative work of body was ever intrusted with the task of formulating laws or of collecting the or codifying existing customs. This was contrary to the theory of ancient priests y • • i • • • • Israelitish law, the origin of which was early traced back directly through Moses, or the torahs of the priests, to Jehovah himself. To the priests, as proclaimers, interpreters, and guardians of the torah, fell the responsibility of collecting and codifying and also of developing the law. This is distinctly implied in Zephaniah 3 4 and Ezekiel 22 26 , where they are charged with having done violence to the torah. Thus the theory and practice underlying Israelit- ish law explain how it was possible readily to absorb foreign elements and at the same time to develop in accord with the higher moral standards and needs of each age. In the history of Israel's legal system five distinct periods may be dis- 12 THE ORIGIN AND GROWTH OF ISRAELITISH LAW tinguished. The first is the nomadic, the period which preceded the settle- The merit in Canaan. At this stage the customary Semitic law of the desert, five < supplemented by the specific rulings of their leaders and priests, sufficed epochs for the people's simple needs. The second may be designated as the early deveU agricultural or Canaanite period. It began with the settlement in Canaan ;;[""'" and extended down to the revolution of Jehu in 842 B.C. It was then thai the krael'a nomadic Hebrews gradually absorbed the Canaanites by conquesl and inter- la marriage and adopted largely their civilization, laws, institutions, sanctuaries, and, as the prophets frequently complain, not a few of their religious ideas and customs. The third may be denominated the prophetic period; that during which the great heralds of ethical and social righteousness impressed their new and revolutionary principles upon the conscience of the race. This period, extending from 842 to 586 B.C., was one of intense political and religious activity. It was in the interval between these two dates that the great moral and humane laws probably took form. The fourth period embraces the exilic and post-exilic times; it extends from 58b* to about 300 n.r. The nation rested under the shadow of the exile, and its religious leaders under the spell of the Babylonian and Persian religions. With the hierarchy in the ascendancy, the whole tendency of the age was toward ceremonialism. The end of this period marks the probable date at which the canon of the law was closed. The fifth period is that of the oral law, and extends on beyond New Testament times. In theory the legal canon was forever closed, but in practice the expansion of the law still went on in the schools of the scribes. Until after the fall of Jerusalem (70 a.d.), however, the results of these scribal labors were preserved simply in the form of oral tradition. Until the exile wrought a radical transformation in their habits, the Israelites The were not, as were the ancient Babylonians and Egyptians, a literary people. perfod Abhorring commerce as they did, their life was comparatively simple: their "[ " r:i1 own individual and national problems commanded most of their attention, mission Oral communication being easy, it was not until real needs arose that laws were likely to be committed to writing, or, at least, to gain wide currency in written form. Even the Book of the Covenant, though solemnly accepted as law in the days of Josiah, was simply read to the people (II Kgs. 2S 2 ). There is no evidence that more than one copy of it was made at the outset. In the numerous introductions to the laws in the Pentateuch, introductions written comparatively late, the references are chiefly to the oral reception and presentation of those law T s. Only in connection with the early decalogues is it distinctly stated that they were written down (<■. g., Ex. 24 4 , SI 18 , S2 16 , 3427, 28 ? i){_ 910); am l then the aim of the statement is to emphasize their divine origin. During the nomadic period there was no need tor written laws. The ultimate conquest of the Canaanites and the absorption of their civili- zation, gave the Hebrews their system of writing: in all probability, also, it introduced them directly or indirectly to the legal codes inherited from ',','"'""" Babylonia. It is possible that certain rules for the guidance of judges were lawa placed on record as early as the days of David. The reference in Bosea 8 12 may seem to imply the existence in Northern Israel of written torahs or direc- ts ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS Influ- ences of the exile that made the Is- raelites a liter- ary race Testi- mony of the laws them- selves to their gradual growth tions; but the context indicates that they were simply the moral teachings of the prophets, applied, possibly, in the form of laws to the life of the people. For the nation as a whole, oral law and custom undoubtedly sufficed far into the prophetic period, even until the reformation of Josiah, an event which we know was based on a definite written code. And the account we have of that reform movement makes it clear that the Book of fhe Covenant had its genesis in the desire to correct prevailing usages and to regulate the "life of the nation in accordance with the new doctrines of the prophets. The influences most potent in promoting the growth and study and use of the written law date from the beginning of the Babylonian exile. It was then that writing became the principal means of communication between the scattered remnants of the Israelitish race. The example of the Babylonians and Egyptians, among whom the leaders of Israel found themselves, could hardly fail to influence them. With the future of their race and religion depending largely upon the preservation of the rich heritage from the past, with the temple and sacred city in ruins and the ceremonial institutions in abeyance, the demand became imperative for written records of the customs and rules hitherto transmitted from priest to priest by usage and oral teachings. Torn from the temple and without occupation, the priests had, likeEzekiel, both leisure and incentive to become scribes and cast their inherited customs and laws into permanent form — a literary form which at once conserved Israel's heritage and adapted it to the changed conditions and beliefs that the exile brought in its train. Hence during the period beginning a little be- fore 621 and ending about 300 B.C. with the closing of the canon of the law, the great majority of the Old Testament laws, were, it is safe to say, not only first committed to writing, but also edited, codified, and given their final form. The character and present literary structure of the Old Testament laws con- firm, at every point, the plain implications of Israelitish history and contem- poraneous reference. Among the many indications of their gradual unfolding into successive codes is the fact that the same law is often repeated twice and, in some cases, four or five times; a fact obviously inconsistent with the late Jewish theory of their derivation from the one age and lawgiver. Then again, laws dealing with the same subjects as, for example, those defining the rights of slaves, inheritance, and temple dues, are found to stand in a progressive relation to each other; for in Deuteronomy these laws are given with much detail and often fundamentally modify the similar enactments in Exodus 21- 23; and in Leviticus the corresponding laws introduce various other elements not logically consistent with the preceding, if all are assigned to the same age. Furthermore, certain laws supplant each other; as, for example, that in Deuteronomy 12, decreeing that all sacrifice must be offered in Jerusalem, is in obvious contradiction to the law of Exodus 20 24> 26 ; since this law in Exodus provides for the rearing of a sacrificial altar at any suitable place and is in perfect keeping with the prevailing usage until the days of Josiah (cf. e. g., I Sam. 9 12 > 22 - 25 , I Kgs. 18 30 " 37 ). There is further evidence, of the most convincing character, that the various 14 THE ORIGIN AND GROWTH OF ISRAELITISH LAW groups of laws come from different ages and schools of writers; it is to be Evi- seen in the radical difference of vocabulary and literary style existing between ^at* the various groups. When it is also noted that these several groups have the "^y characteristics of the early prophetic, the late prophetic or Deuteronomic, from and the priestly narratives of the Pentateuch, respectively, the criteria are at eif er " hand by means of which the individual laws may be distinguished from each schools other and their approximate dates determined. Guided by these unmistak- writers able evidences and aided by the tireless labors of the scholars of the two cen- turies past, the student of to-day is able to rearrange the Old Testament laws in their approximate chronological order, and, on the basis of this order, trace the unfolding of Israel's legal and ceremonial institutions from the age of Moses to the days of Nehemiah (for a graphic representation of the growth and approximate dates of the codes cf. Frontispiece). 1.5 Ill THE PRIMITIVE HEBREW CODES The Since the priests did not write their history until after the exile (cf. Introd. oarh" * °f Vol. I. p. 47), the place to look for the primitive records of Hebrew law is Judean j n the early Judean prophetic narratives, committed to writing about 800 b.c. logue (cf. Introd.. Vol. I, pp. 31-37). In Exodus 34, the major portion of which is now generally assigned to these narratives (cf. Vol. I, note § 76), is found what appears to be the oldest recorded group of Hebrew laws. Like all ancient enactments they have been supplemented by many later hortatory and explanatory additions, which indicate incidentally the great importance attributed to the oldest laws by later generations. When these additions are removed the original laws are found to consist of ten brief words or command- ments; thus the designation in Exodus 34 28c , And Moses wrote wpon the tablets the ivords of the covenant, the ten commandments. According to the early Judean prophetic tradition associated with them, they are the original ten commandments written by Moses at Jehovah's dictation on two tablets of stone (Ex. 34 la - 4 - 27> 28 ). In the oldest Hebrew narratives, therefore, they are given the central position in the entire Old Testament legal system. This position is also supported by the fact that each of the regulations of that primitive decalogue is repeated in the same or expanded form elsewhere in other groups of laws. That most of the regulations are reproduced four or five times in successive codes, indicates how great was the authority and im- portance attributed to them by late lawgivers. Its The further evidence of their being the primitive corner-stone of Israelitish able " legislation is confirmed by their character. They define religion in the terms date f the ritual; they come, therefore, from a period long antedating Amos and Isaiah, both of whom defined religion in terms of life and love and service. In common with the utterances of all early religions these primitive com- mands emphasize simply the cultus. They do not necessarily condemn all representation of the Deity by images. Even the injunction, Thou shalt make no molten images, leaves a place for the family teraphim, the pillars, and the sacred symbols that figure in the stories of the patriarchs. This command simply prohibits the molten images made, probably, by foreign workmen and in imitation of heathen models; and possibly the second command in its present form (Ex. 34 17 ) is a Judean protest against the calves overlaid with gold, such as were set up by Jeroboam I at Dan and Bethel. The first command emphasizes the principle publicly enforced by Elijah, namely, that Jehovah alone shall be acknowledged as God by the Israelites. The remaining laws enjoin the faithful observance of the three great annual feasts, and the sabbath, and the offering of the customary sacrifices according to the demands of the 16 THE PRIMITIVE HEBREW CODES early ritual. At least three of the commands assume thai the Hebrews are agriculturists, and therefore already settled in Canaan. Others, as for ex- ample the command not to seethe a kid in its mother's milk, are clearly in- herited from the nomadic period, and may well go back to the days of Mi As a whole, however, these ten words in their present form cannot be definitely dated earlier than the days of the united kingdom. This decalogue appears to have had a place from the first in the early Judean Evi- narratives. Important evidence has already been presented (Vol. I, notes &£ff t §§ 75, 7(>) to the effect that the familiar prophetic decalogue of Exodus 20 1-17 " :is was substituted by a late prophetic editor for the older decalogue of Exodus oriS- 34. The importance of the former amply justified the transfer, although it j',?, 1 , 1 ,^. assigned to the beginning of Israel's history certain principles (as, for example, djately the rejection of all images) which were only gradually revealed to the more Exodus mature consciousness of the race. This substitution, however, was in perfect ''* keeping with the tendency that finds illustration in every department of Old Testament literature. In the light of the higher teachings and ideals of the prophets, the primitive definition of the obligations of the people to Jehovah had been supplanted by one much nobler. Exodus 19 25 states that Moses had gone down from the mount of revelation, although its present sequel (Ex. 20 1 " 1 ') implies that he was still on the mountain in the presence of God. The natural and immediate continuation of the early Judean prophetic narra- tive of 19 20 " 25 is found not in 20 but in 34; for the latter opens with the command to Moses to go up again on the mountain with tablets to receive the words of the covenant (cf. for the restored order, Vol. I, §§ 183, 184). The reference to the second tablets of stone in lh - 4b are evidently from the editor who substituted the prophetic decalogue of Exodus 20 1 " 17 . Fortunately he preserved the older version by resorting to the hannonistic method often employed by the editors of the Pentateuch when confronted by two conflicting parallel versions, and assigned it to a later setting. The Ephraimite or Northern Israelitish account of the sin of the people and of the destruction of the two tablets (32 15 ~ 19 ) suggested a method of reconciling the presence of two distinct decalogues. Accordingly the editor introduced the older immedi- ately after this account. The great inconsistency of his theory, however, is left unreconciled; for he offers no hint or explanation why one decalogue was inscribed on the first tablets and a totally dilferenl one on the duplicate tablets, notwithstanding the fact that the context clearly implies identical contents in both cases. Deuteronomy confirms (.5 22 > 31 , (>') the testimony of the earliest source. Origi- that only ten words or commands were publicly given to Moses at the mount J!; 1 ,..;. of revelation. This evidence is important, for it clearly implies that when tgmof the original book of Deuteronomy was written the additional laws now associ- lawa ated with Sinai must have stood in a different connection. The suggestion pound of the learned Dutch scholar, Kucnen, is at least plausible. It is that the inEx- editor who assigned the Deuteronomic code to its present position in Israel's history, just before the crossing of the Jordan, did SO because this was already the setting of the main collection of primitive laws. The only considerable body of early Hebrew laws of which there is any record is that now found in 17 ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS Exodus 20 23 -23 19 . A position at the close of Moses' career and just before the people passed over the Jordan to enter upon that agricultural life of Canaan, which these laws contemplate, was most appropriate. But in following this ancient precedent for the assignment of the body of the laws of Deuteronomy to this setting, it was impossible for the editor to leave the older enactments there, for the Deuteronomic legislation modifies and in some cases absolutely annuls certain of their commands. Nothing remained, therefore, but to transfer them to the earlier setting and to join them, as now found, with the ten words. This, be it noted, was in perfect harmony with the tendency, traceable from the exile, to associate more and more of Israel's laws with the initial revelation at Sinai. It was, moreover, exactly parallel with the corre- sponding tendency to attribute all to Moses. Origi- The theory that the code in Exodus 20 23 -23 19 was transferred from a unity later setting to its present position by a late prophetic editor, certainly has the and m- advantage of explaining, in a simple and reasonable manner, a great number dence of most puzzling facts. It may be questioned, however, whether the whole ^udg- of this composite group of laws or only the major collection of case laws in'i E* f° un d in 21 1 -22 10 was thus transferred. The unity of this group is clearly dus2l- marked. They all deal with civil and criminal questions. They all employ practically the same formula and are expressed in the third person rather than the second person singular. They are also introduced by the independent superscription: Now these are the Judgments that thou shalt set before them (21 1 ). If these Judgments were not originally found among Moses' farewell words, they may appropriately have followed the account in Exodus 18 13 ~ 26 of his work as judge, but this hypothesis suggests no sufficient cause for their transfer. Hence, Kuenen's conjecture is still the most probable. Their remarkable unity in form and content, and the presence also of a distinct superscription, leaves little doubt that they once constituted an independent group by themselves, and that they did not originally stand in the midst of the collection of ceremonial and humane laws which they divide into two unequal parts. Date The first question to be answered, therefore, is, What were the origin and origin primary position of the small groups of ceremonial and humane laws which of the remain (20 23 ~ 26 , 22 18 -23 19 ) after the Judgments have been removed ? Some ing later explanatory and hortatory glosses can be readily recognized (e. g., 22 21b - monial 24 ' 23 9b > 13> 15b ) ; but the majority evidently came from an early period in and hu- Israel's history. The permission to build altars and offer sacrifices at many laws different places (Ex. 20 24 " 25 ) suggests either greater antiquity than even Exodus 34 26 , or else the less restricted usage of Northern Israel. Further- more, this permission is one of the primitive regulations abrogated by Deuter- onomy 12. There is nothing in these groups of laws distinctly pointing to a date later than that of the united Hebrew kingdom. Their vocabulary connects them with the early Ephraimite rather than the Judean narratives. The early prominence of the prophets, the broader and more complex life of the northern kingdom, lead us to expect that there, rather than in little Judah, legal institutions first expanded and found record in detailed written laws. 18 THE PRIMITIVE HEBREW CODES The ceremonial enactments are but the repetition or expulsion of the laws Their in Exodus 34; laws which are the prototypes of the later and more detailed priestly laws of Leviticus. The humane commands reflect the spiril of the early Ephraimite narratives and embody certain fundamental ethical prin- ciples, like those of kindness to the poor and justice toward dependents, w hicfa are constantly assumed by Amos and Hpsea in their addresses to the Northern Israelites as universally accepted. The] represent the early Hebrew formu- lation of the noble humanitarian ideals thai had already hem partly incor- porated in Hammurabi's code and thai were destined later in Esraelitish and Christian law to find their fullest and mosl exalted expression. It is a most significant fact that within this rather heterogeneous collection The there are found in three groups, which stand by themselves (20 : : ! 23 12 " 19 ), practically all of the ten words of the primitive Judean decalogue in '■ f,h - Exodus 34. The many and striking variations in order and form Furnish conclusive proof that the two decalogues represent distind versions and not l " k ''"' mere scribal transcription from one original. Of course, the exact form and content of the ten words or commands alluded to in Exodus .'!t-' s1 '. and found in the preceding verses of the same chapter, cannot be absolutely determined, since they have Keen expanded and supplemented by later explanatory Dotes. Likewise, the initial commands in Exodus 20 23 have evidently Keen changed by a later editor; for, under the influence of the obviously later introductory phrase (--''). the prevailing form of address in the second person singular (thou) has been changed to the second person plural (ye). The frequency of this particular change is illustrated by a comparison of the variations of identical passages in the Greek and Hebrew versions even where then' i> no apparent cause (e. » of Exodus 20 23 has also been restored. The firsl command has evidently suffered in transmission, lor in it- presenl form it reads. Ye shall no! make with mi-, and the Greek version represents a futile attempt tocorreel it. It is exceedingly probable that this command was originally identical with the Judean version. Early Judean Prophetic Version I. Exodus 34 "Thou shall worship Early Ephraimite Parallel Exodus •-•<» ' rh..ii shalt m no other God, for Jehovah, whose name make no [other gods] with me I is Jealous, is a jealous ( rod. II. "Thou shall make thee no molten 20 '' ;, 'Thoii shall make thee gods. no gods of silver or gold. III. 18a The feasi of unleavened 'i'-i l8B The feasl of unleavei bread shall thou observe: seven days bread --halt thou observe: seven shalt thou eat unleavened bread, days shall thou eat unleavened bread. 19 ISRAEL'S LAWS AM) TRADITIONAL PRECEDENTS Kar/i/ .1 mli mi Prophetic Version IV. 19 » 20a * b Every first-born is mine: even all the male cattle, the first-born of ox and sheep. And the first-born of an ass shalt thou redeem with a lamb; and if thou wilt not redeem it, then thou shalt break its neck. All the first-born of thy sons shall thou redeem. V. 21 Six days shalt thou toil, but on the seventh thou shalt rest; in plowing time and harvest thou shalt rest. VI. 22 Thou shalt observe the feast of weeks, even of the first-fruits of wheat harvest, and of the ingathering at the end of the year. VII. 25a Thou shalt not offer blood of my sacrifice with leaven. the VIII. 25b The fat of the feast of the passover shall not be left all night until the morning. IX. 26a The best of the first-fruits of thy land shalt thou bring to the house of Jehovah thy God. X. 26b Thou shalt not seethe a kid in its mother's milk. Kuril/ Ephraimite Parallel 22 20h ' 30 The first-born of thy sons shalt thou give to me. Like- wise shalt thou do with thy ox and thy sheep; seven days shall it re- main with its mother; on the eighth day thou shalt give it to me. 23 12 Six days thou shalt do thy work, but on the seventh thou shalt rest, that thine ox and thine ass may have rest and that the son of thy handmaid and the resident alien may be refreshed. 16 [Thou shalt observe] the feast of harvest, the first-fruits of thy labors, which thou sowest in the field, and the feast of ingather- ing at the end of the year, when thou gatherest in thy labors from the field. 23 18a Thou shalt not offer the blood of my sacrifice with leaven. 18b The fat of my feast shall not be left all night until the morn- ing. 22 29a Thou shalt not delay to bring offerings from the abun- dance of thy harvests and the out- flow of thy presses. 23 19b Thou shalt not seethe a kid in its mother's milk. Signifi- cant points of agree- ment and varia- tion It is possible that the command in Exodus 34 20c , none shall appear before me empty, is original. It departs, however, from the prevailing formida; in Exodus 23 loc it breaks the connection and is probably a scribal insertion from 34. Its content also strongly suggests that it is a later addition; but, it not such an addition, the eighth command could reasonably be counted as one. Even if this change be adopted, the close correspondence between the two versions is not affected. In four cases (III, VTI, VIII, X) this correspondence is absolutely identical; in purport it is complete throughout the ten words. Both the variations and the remarkable points of agreement can be explained only on the hypothesis that they go back to a common original. It is sometimes claimed that the Ephraimite prophetic narratives had no 20 THE PRIMITIVE HEBREW CODES decalogue: yet such statements as those in Exodus 24 3, '-''. .'!I lsl '. 38 (which belong to the northern history), plainly declare thai it, like the early tbatttie Judean prophetic narratives, ;it first contained only the laws of the decalogue ' ■?!"*" 11 • . unite inscribed on two tablets. Exodus 20 21 ' -'-' ; ' is probabrj the original Ephraimite aarra- introduction to the ten words or brief commands thai mice immediately followed it. an introduction giving the account of the covenant at Horeb ' as that account originally stood in the Ephraunite narrative before the ad- i ditional religious and humane laws wen- combined with it. While it is impossible to determine with absolute certainty the exact form Date of the original ten words or commands underlying the two early prophetic Original decalogues, the probabilities all go to show thai they antedate the division of the two kingdoms in i).'!7 b.c. In the light of all the evidence obtainable there is good ground for concluding thai this original decalogue was promul- gated at least as early as thedaysof the united monarchy. The character of its commands, and their prominence in all later codes, strongly support this comparatively early date. On the basis of the two variant versions it may be conjecturally restored i jc-.-iiir.nl as follows: I. Thou shall worship no other God. II. Thou shalt make thee no molten gods. III. The feast of unleavened bread shalt thou observe. IV. Everv first-born is mine. V. Six days shalt thou toil, hut on the seventh thou shalt rest. VI. Thou shalt observe the feast of weeks and ingathering at the end of the year. VII. Thou shalt not offer the hi 1 of my sacrifice with leaven. VIII. The fat of my least shall not he left until morning. IX. The best of the first-fruits of thy land shalt thou bring to the house of Jehovah. X. Thou shalt not seethe a kid in its mother's milk. Two significant fads should here he noted: first, the persistence of the I tradition that this simple primitive decalogue was early inscribed on two tablets of stone; second, the emphasis that is laid upon it in all the different groups ; of narratives, except the late priestly, which substitutes for it the large bodj the two of legislation found in Exodus 26 31,35 W, and Leviticus. The different prophetic versions only reveal variations that are inevitable when a verj early tradition is transmitted through different channels. The early Judean prophetic narratives represent the words as having been written on the tablets h\ Moses (Ex. '.n-~- 28 ). The early Ephraimite narratives state thai the words were inscribed on the two tablets by the finger of God (Ex. H . 31 l8b ). The Deuteronomic narrative as usual follows the Ephraimite tradition (Dt 5 22 , !)•'• l0 ). A later I )eutcrononiic editor, possiblj the one who transferred the early Judean decalogue to its present position in Exodus 34, reproduces the contents of that chapter: hut at one point he abandons it in favor of the later tradition representing Jehovah himself as writing the word- (Dt. 10 4 ). He also adds (possibly following a lost Judean original, or the temple records quoted in 1 Kgs. 8 9 ) that at Jehovah's command Moses, before going up on 21 ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS the mount to receive the tablets of the law, prepared an ark of acacia wood, and that when he returned he put thern in the ark that he had made (Dt. 10 2, 3, 5). Ele- In the light of these facts it seems clear that the original tradition, namely, mm- 3 Tnat tne earliest decalogue was written on two tablets of stone, also goes back monto a t ] eas t to the early days of the united monarchy, a time when both the earliest North and the South shared it in common. Furthermore, a tradition so tiveiT persistent must have had an historical basis. The variations can easily be traced to the different narratives in which they appear; but the permanent elements, shared by all versions, are: (l) that the ten words were presented to the people by Moses as Jehovah's prophet; (2) that they were promulgated at the mount of revelation; (:>) that they contained the terms of the solemn covenant which bound Israel as a nation to Jehovah; and (4) that they were inscribed on two tablets of stone. Evi- Of the elements just named the first is exceedingly important, for it repre- ofaif sents the genesis of that tendency, which later became so prominent, to original attribute the giving of the law to Moses. The second reflects the beginning oral of that parallel tendency to trace the origin of legal institutions to the begin- kfgue n ^ n S °f Israel's history, which ultimately led the later editors of the law to associate the great body of the Old Testament legislation with Mount Sinai. As has already been noted, the contents of these commands support the con- clusion that at least the majority of them may well come from the time of Moses. In early Hebrew thought Sinai-Horeb long continued to be regarded as the place where Jehovah dwelt and where he could be consulted. The account of Elijah's flight to Horeb is a familiar illustration of this belief (I Kgs. 19 8 " 14 ). Back of the decalogue in its present versions, anticipating as they do settled agricultural conditions in Canaan, there was probably a more primitive oral decalogue, which came, as the tradition asserts, directly from Moses and the mount of God. Evi- The third element, the belief that the ten words embodied the terms of the that 6 original covenant which bound Israel as a nation to Jehovah, indicates that there when the early variant traditions first took form these ten words or commands early were regarded as possessing an absolute and unique authority. It is not k>gue to ° mucn to say that they represent the first stage in that process of canoniza- inscrib- tion which ultimately gave us the Old Testament. Out of a larger body of two traditional laws and institutions these ten commands stood forth invested tablets w ;^ x overshadowing authority. By following their injunctions the continued protection and favor of Israel's national God was assured. What gave these ten words their commanding position ? The fourth permanent element in the tradition suggests the simplest answer. It was because they were actually inscribed on two tablets of stone, and in characters which in time became archaic. It is impossible satisfactorily to explain this early and constantly recurring motif in the tradition on any other basis. Excellent Semitic parallels are found in the Code of Hammurabi and the Marseilles tablet. The second example, although comparatively late, is especially to the point because it reflects a Phoenician, and, therefore, a Ca- naanite custom. The tablet was set up in a temple and was intended to guide 22 THE PRIMITIVE HEBREW CODES the people in the discharge of their religious duty in connection with the ritual D (cf. Appendix VIII). The command in Exodus S4 268 to bring the besl of \; the first-fruits of the land to the house of Jehovah thy God would also seem to < indicate that the oldest decalogue was closely connected with a specific rfthe sanctuary; a sanctuary which, in the Judean narrative where it is found, \ could have been none other than Solomon's temple. The testimony of tin- extract from the temple records found in I hangs S 9 also connects the original ten words with the ark and Solomon's temple. Tradition. r<-t imr probably on an ultimate basis of fact, assigns their origin to Moses and th<- mount of revelation; but the varied historical data, as well a- the needs of the situation and the spirit of the age, suggest that the primitive ten words were not pul in written form until the reign of Solomon and in connection with the royal sanctuary reared by him. The decalogue form indicates that they were at first simply inscribed on the popular memory. A careful study of Exodus 20-' 23 18 den strates, after two or three : obvious scribal errors have been corrected (V. of Hammurabi, cast in the form of case law ami employ the third person, never the second person singular (// a man do so and so. such shall be //"' penalty). The same distinction reappears in the older laws preserved in Deuteronomy, although that code, assuming as a whole the prophetic point of view, uses thou prevailingly. The care with which this distinction is maintained i> illustrated by Exodus 21 14 , And if a man attack another mali- ciously, to slay him hi/ treachery, than shall take him from mine altar, t/nd he mail be put to death. The mention of the altar introduces the religious motif with the result that the corresponding thou is employed. The fundamental reason is probably because flu- appeal in the one case IS Origin directly to the individual conscience, and a penalty is rarely imposed; while distinct in the other, the fear of punishment is the motif, and the specific laws are : intended for the guidance of judges as well as the people. The civil and criminal laws also go back to earlier decisions and precedents as the ultimate basis of their authority, and aim simply to formulate and ti\ customs already largely in force. Here too, the indirect influence <>f Hammurabi's epoch- making code may perhaps be recognized in determining the form of the early Hebrew civil laws. It is in this connection significant thai the superscription to the oldest Hebrew group (HV-Qi 20 ) is but a variant of the title Judgment* of Righteousness which Hammurabi gave to bis collection of case law-. On the other hand, the direct address (thou) is alone employed in the religious and humane laws, probably because each command in the earliest decalogue was first given by a priest <>r prophet as divine torah. and in response to a specific question presented by an individual; or else, as the traditions imply, because the first group <>f commands wa- addressed l>\ Moses, speaking in the name of Jehovah, directly to the nation collectively. The distinct form ami classification of the civil and the religious laws in 23 ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS Origin- the earliest collection indicate that, as among the Babylonians, these two great ("a'ssiii- departments of Israel's laws originally grew up independently. Side by '■,">"" side with the ceremonial decalogues, which were in time supplemented and case expanded, the judgments or case laws were taking form. The early Ephraim- IjJ. us ite prophetic tradition in Exodus 18 12_2G associates their beginning with judg- Moses. The Judgments in Exodus 21 1 -22 20 are the earliest written evidences of the growth of criminal and civil laws. By their use of the word Elohim instead of Jehovah (21 G - 13 , 22 8 - n ), and by other linguistic marks, the Judgments reveal their relationship with the Ephraimite group of narratives. With this strand they are also connected in their present setting. Evi- Their setting, however, gives little aid in determining their date, for, as of their has been noted, they have been placed in their present position by some later da *. e editor of the book of Exodus. The laws themselves furnish the only real history answer to the question of their date. Many of them may come from Moses, others assume the settled agricultural conditions to which the Hebrews did not attain until after they entered Canaan (e. g., 22 5> G ). But Hebrew society is still primitive; there are no central courts of appeal; a decision can be secured at any one of the shrines or sanctuaries which the Israelites inherited from the Canaanites (Ex. 22 8 > 9 ); wealth consists of produce and cattle; the lex talionis is still prominent, though the more civilized principle of com- pensation is being introduced. There is, indeed, no reason for doubting that the majority, if not all, of these laws were in force in Israel as early as the days of David and Solomon. Their early date is also confirmed by the central place that is assigned to them in all later civil legislation. These facts, how- ever, do not necessarily imply that they were committed to writing at this early time. If Kuenen's conjecture be correct, they were introduced into the Ephra- imite narratives (about 750 B.C.) in connection with Moses' farewell. Their remarkable unity (cf. p. 18) also suggests that they were possibly once current as an independent law book. This conclusion would explain, further, wdiy they have retained their unity, though introduced into the midst of distinctly different law 7 s. Possibly they were not associated with the Pentateuch until assigned to their present position by a late editor. The indications, both of form and content, strongly indicate they must have been formulated long be- fore 750 b.c. Com- The remarkable correspondence between many of these individual laws ofthe" 1 an d those of Hammurabi, favors the conclusion that the principles under- Hebrew lying them, if not the detailed contents and form, were in part derived from with the older code through the Canaanites. They deal with similar questions Ham- and assume very much the same social conditions. Out of the forty-five murabi or fifty judgments at least thirty-five have points of contact with the laws of Hammurabi, and fully half are in part parallel. The variations are in most cases traceable to the different spirit and circumstances of the two peoples from whom they come. Thus, for example, there are great differences in the penalties imposed. As a rule the older code, which comes from a populous commercial nation, is much more severe in punishing any infringement of the rights of property; while the Hebrew laws, coming from a people whose 24 THE PRIMITIVE HEBREW CODES numbers were comparatively small, are more strenuous in protecting human life. The penalty for stealing an ox in the Hebrew code is five oxen (Ex. 22 1 ), but in Hammurabi's code thirty, or if the owner was a poor man. tenfold it-- value (§ 8). In general the same just and humane spirit is reflected in both systems, and the variations are those of degree rather than kind. The old law of an eye for an eye and a tooth for a todth, however, still figures prominently in both. In the older code slaves for debt were to be set tree al the end of three years instead of six (Ex. 21'-'); under the Babylonian laws daughters had the right of inheritance, a right which was not granted to them in Israel until a much later period; the rights of widows also are more carefully guarded in the older code. On the whole, the Babylonian laws appear to relied a much more highly developed stage of civilization: and this conclusion also favors the early dating of the Hebrew* code. The points of close agreement are many. Especially is this true of the laws Signifi- of deposit (cf. Ex. 22 7 " 12 and Hammurabi's code §§9-11, 120, 124 26), ^g| the punishment of kidnapping (cf. Ex. 21 16 and II. ('. $ 1 t), of injury to a points pregnant woman (cf. Ex. 21 22 " 25 an( j jj (y gg 209-14), of sorcery (cf. Ex. agree- 22 18 and H. C. §§ 1, 2), and the responsibility of shepherds (cf. Ex. 22 10 1:; %$* and H. C. § 266). That the later Hebrew code owes much to the older system variar seems probable, for the atmosphere in which the former developed was surcharged with Babylonian legal ideas; yet the points of variation are so many and so significant that the originality and individuality of the ( )ld Testa- ment code do not need demonstration. Both codes seek only to guard against crimes and to anticipate the more ('..in- common cases of dispute, and thus to establish principles and precedents to ',',",.' guide judges in deciding similar questions. Where a customary usage is fixed, it is often assumed and not restated. Much was necessarily left to the discretion of judges. A study of the Hebrew code in the light of the needs J^. u of early Hebrew society, leads to the conclusion thai it is Dot a fragment of a large code, but that the early code, with the probable exception of five laws, is preserved in its original and complete form. Furthermore, the civil code, unlike the corresponding ceremonial and The humane laws in Leviticus, Numbers, and Deuteronomy, has received only |',". r a few later supplemental additions. These can readily be recognized. The "j™JT penalty to be visited upon a son who reviles his father (21 17 ) was probably toil added by a scribe who was reminded of this law in Leviticus 20 fl by the very similar enactment in 15 . This, first written in the margin, has later been awkwardly introduced into the text in the tnidsl of a group of laws dealing simply with assault. Similarly, Exodus 21 26 contemplates the same crime and is clearly the immediate sequel of -'"■ 21 . The primitive laws in - which introduce a new subject, may well have been added by an carl\ editor familiar with the corresponding Babylonian and Assyrian Usage. 'I he Greek translators recognized the difficulty, but failed to eliminate it. Exodus 22 2, 3 is evidently also an early gloss, for it separates verse ' from it-- com- plement 4 and contains a different, although kindred, law. Furthermore 2> 3 assume that the thief is killed, while ' provides for his punishment in case the thing stolen is still in his possession. 25 ISRAEL'S LAWS AND TJLYDITIONAL PRECEDENTS Earlier During the first part of the last century the German scholar Bertheau* tempts detected the presence of decads in this primitive code, although he failed to *° re ~ recognize the unity of each. Professors Ewald, Dillmann, and especially Pro- cover o ■/ i ** the fessor Briggs, 4 " traced these groups of ten still further; Briggs also recognized de' 29 is identical with that in Exodus 22 16 , and that it is preceded (Dt. 22 10 " 19 . 2 °- 21 . 22 > 23 " 24 - 25 " 27 ) by a pentad of what appear to be primitive laws, all of which relate to social purity and join naturally with the corresponding pentad in Exodus 22 16, 17 > 18, 19, 20 , thus restoring a fifth decalogue. That Deuteronomy is based on the primitive codes, and that it contains certain early laws not found in the older collections, are facts now generally recognized. The assumption, therefore, that Deuteronomy has here preserved a pentad of laws, originally found in the primitive code, but removed by some editor or scribe to whose moral sense they were repug- nant, is exceedingly probable. Evi- Although the pentad regarding social purity (Ex. 22 16 " 20 ) has, hitherto, been that^ m P art assigned by scholars to the group of religious laws, it is clear that it Exodus all belongs to the collection of judgments. The form is the same; the thou belongs of the current translations of 18 is evidently due to a mistake. Hammurabi t h g a in his civil code (§§ 1, 2) provides for the punishment of sorcerers. Even original the law against sacrificing to an alien god was classified by the Hebrew law- ments givers among the enactments relating to social purity (Lev. 17 7 , Dt. 31 16 ). In Leviticus 18 21 the prohibition of sacrifice to Moloch or Milk is found be- tween the laws against adultery and sodomy. In the light of these facts it is now possible to distinguish the pentad of decalogues which probably constituted the original collection of judgments. The following analyses will indicate their contents as well as the nature of the code as a whole: § JUDGMENTS Anaiy- First Decalogue : The Rights of Slaves the° f First Pentad: Males, Exodus 21- 3a ' 3b - 4 - 5 " 6 . £J Second Pentad: Females, 21 7 - 8 - 9 > 10 - u . crimi- P al Second Decalogue : Assaults laws = First Pentad: Capital Offences, 21 12 - 13 - 14 - 15 > 16 . Second Pentad: Minor Offences, 21 18 " 19 - 20 - 21 - 26 - 27 . * Die sieben Gruppen mosdischer Gesetze in den mittleren Buchern des Pentateuchs, 1840. t Higher Criticism of the Hexateuch, pp. 211 ff. I Journal of the Society of Biblical Literature and Exegesis, 1893, pp. 79-93. § For these laws arranged in their grouping, ef. Appendix II. 26 THE PRIMITIVE HEBREW CODES Third Decalogue : Laws Regarding Domestic Animals First Pentad: Injuries by Animals, 21 28 - 29 - 30 - 31 > 3L> . Second Pentad: Injuries to Animals, 21 33 ~ 34, 36, 36, ggl, 4 . Fourth Decalogue : Responsibility for Property First Pentad: In General, 22 5 - 6 - 7 - •• 9 . Second Pentad: In Cattle, 22 10 " 11 - 13 - 14 - 15a - 15b . Fifth Decalogue : Social Purity First Pentad: Adultery, Deuteronomy 22 13 " 19 - 20 " 21 ' 22 > 23 " 24 ' -•'--'. Second Pentad: Fornication and Apostasy, Exodus 22 16, l ' • l8, '''■ -'". As in the Code of Hammurabi, a serious attempt at systematic classification Prin- is here apparent. The general order is: the rights of persons, the rights of o/clas- property, and the rights of society. Within each decalogue there is evidence nfica- also of careful grouping. Each pentad is a unit by itself. Whence this surprising order which is lacking in so many other parts of the Old Testament ? It may be due to the powerful influence of the older Babylonian code, or it may simply reflect the tendency of the legal mind. The ceremonial and humane laws found in 20 23 " 26 and 22 21 -28 19 , although The evidently somewhat disarranged, still reveal unmistakable traces of a similar £££. grouping in decalogues and pentads. The disarrangement, as a rule, does w not affect the unity of the pentads. It should be expected, however, thai the hu- powerful example of the early decalogue (cf. Ex. '54) would affeel the form of the kindred group of the religious even more than the civil laws where its lo K"e9 influence has already been traced. The indications favor the conclusion that the primitive decalogue of Exodus ,'it gradually developed in Northern Israel into four corresponding decalogues. At present Exodus 20 s 22 21 -23 19 contain only seven complete pentads, and 28 4 ' . which separate the kindred laws of 23 1-3 and 6-9 , two commands of an eighth. The remaining three of the pentads are to be found in Deuteronomy 22 1 " 7 , which in vers* - 1, 3 reproduce Exodus 23 4 > 5 word for word, only substituting brother for enemy. The two commands in Deuteronomy 22 2, :: are the immediate sequel of *; and the remaining command, 6 < \ which enjoins kindness to birds, is evidently primitive and belongs with this cycle of laws. Exodus 23 9 is a scribal duplicate of 22 21 . Rejecting the minor editorial additions, which are readily recognized, the following decalogues appear: CEREMONIAL AND EUMANE LAWS First Decalogue : Kindness First Pentad: Toward Men, Exodus 22 21a - »"• M »- 26b ' 26 " 27 . Second Pentad: Toward Animals. Exodus 23 4 [Deuteronomj 22 1 ], 22 2 ' Exodus 23 5 [Deuteronomy 22 4 ], 22 s - 7 . Second Decalogue : Justice First Pentad: Among Equals, Exodus 2S la - lb - 2a - 21 Second Pentad: On the Part of Those in Authority . 28 6 ' > ' ■' '■ • ' '• s - and liu- mana lawa ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS Third Decalogue : Duties to God First Pentad: Worship, Exodus 20 23a - 23b - 24 - 25 - 26 . Second Pentad: Loyalty, Exodus 22 28 - 29a - 29b, 30, 31. Fourth Decalogue : Sacred Seasons First Pentad: Command to Observe them, Exodus 23 10 " 11 - 12 - 15a - 16a - 16b . Second Pentad: Method of Observing them, Exodus 23 17 ' !8 a . 18b - 19a - 19b . Origi- These decalogues have been so disarranged that it is impossible to deter- ,'!; l ,i,, r mine with assurance their original order. If they followed the Judgments, a " ' nt tne - v P r °bablv began with duties to men and led up to duties to God. If the of these prophetic decalogue of Exodus 20 (Dt. 5) is an index, the original order was lcigues the reverse. Possibly the influence of this prophetic decalogue, which was esteemed so highly, explains the transfer of the decalogue regarding duties to God; so that one pentad precedes the Judgments and the other pentad precedes the decalogue concerning justice to one's fellow-men. The remark- able symmetry discernible in the grouping of these laws, leads us to expect another decalogue; such a decalogue as would make complete the pentad of decalogues in the group of religious and humane laws corresponding to that of the Judgments. The later grouping of the law in the five books of the Pentateuch, the five divisions of the Psalter, and the apparently five-fold grouping in the original Matthew's collection of the Sayings of Jesus are but a few of the many analogies that might be cited. A fifth ceremonial or humane decalogue might be found in Deuteronomy, but the attempt to define it without any guides would be precarious. The It is an interesting fact that a fifth religious decalogue is now found in the lo C |ue same context, and is none other than the familiar prophetic decalogue of °f Ex - Exodus 20 1 " 1 '. In its present arrangement the so-called Greater Book of 20 1 -" the Covenant (Ex. 20-24), with the additions from Deuteronomy, consists of exactly ten decalogues. In the initial decalogue of Exodus 20 the same division into pentads is also apparent; the first laws concerning duties to God and parents, the second concerning duties to one's fellow-men. Paral- In addition to those already noted (p. 17) there are, however, serious (.jjig ° difficulties involved in regarding this decalogue as originally associated with llfue ^ e P" m ^ive codes. Its first and second commands seem to be a briefer and more advanced version of the two laws in 20 23 . The prototype of the third is perhaps to be found in 22 28 , Thou shall not revile God. The fourth is a duplicate of 23 12 , Six days thou shall do thy work, but on the seventh thou shalt rest. The fifth, sixth, seventh, and eighth are briefer, more emphatic, statements of the principles underlying the criminal laws of Exodus 22 15 " 27 , 22 13 - 1G ; the ninth is but a restatement of the law in 23 1 . The The history of this noblest of decalogues must forever remain shrouded version m mystery. Without any close connection with its context, it stands, as we date* 8 nave seen ' alone. It is, indeed, a practical duplicate of the decalogue in Deuteronomy 5; the variations in the form of the original words of the fourth and tenth commandments, and the fact that a distinct and variant group of explanatory and hortatory glosses has grown up about many of the original 28 THE PRIMITIVE HEBREW CODES words (as for example, T/mit shall not wake untotha a graven image) Indicate that each decalogue has had an independent histoiy. At the same time it is clear that both versions go back to a common original. In the fourth com- mand the Deuteronomic version employs the more primitive word observe (cf. Ex. 34 22 ), and the tenth command, that which forbids coveting a neighbor's wife (Dt. 5 21a ), suggests an earlier stage of society than the corresponding house of Exodus 20 17 , which implies that the Hebrews are settled in Canaan; so that, on the whole, Deuteronomy 5 seems to represenl the older original. The prominent position of this decalogue in Deuteronomy indicates, however, that it is older than its setting; how much older can never be determined. Internal evidence does not assign it as a whole to a period earlier than the latter part of the eighth century, a time when the influence of the prophets of ethical righteousness was beginning to be felt in Israel, and all use of images in worship was viewed with disfavor by the most enlightened leaders. Pos- sibly it represents the briefer Judean version of the fuller and yet parallel Northern Israelitish decalogues in Exodus 20^ 23 19 . Us present form may simply be due to prophetic revision; its basis is perhaps a very l.ii.t popular decalogue, intended for the guidance of the people in their daily relations; while the decalogue in Exodus 34 defined their duties in con- nection with the ritual and the sanctuary. It is important to note that, with the exception of the second, and possibly the tenth command, then- i- nothing in the decalogue of Deuteronomy 5 (Ex. 20) fundamentally inconsistent with the conclusion that it came, in its original and simplest form, from Moses himself. In view of all these facts, and aided by means of analogy and imagination, Origin it is possible to construct an approximate history of the growth of Israel - ,| ( .,. :i . primitive codes. Why the decalogue, from the first and far down into Hebrew [gg£ history, was the prevailing form into which all laws and precepts were cast, finds its simplest and perhaps most satisfactory explanation in the obvious fact that every normal man from earliest childhood has two hands with the fingers on each. These ten fingers are ever present and suggestive aids to the memory not only of children, but of men as well. If this be the true explanation, a system so simple and yet so effective, is worthy of a genius like that of Moses. There is no reason for doubting that through Israel's first great prophet there was transmitted a primitive decalogue and possibly several— which defined in ten brief sentences the nation's obligations to its God. It is probable that these ten words were not originally inscribed on two tablets of stone by the finger of Jehovah, but upon the memory ol each individual Israelite by association with the fingers of his two hands. In tune the ceremonial decalogue, adapted to the new agricultural civilization and to the changed conditions and customs which the Israelites found in Canaan, was inscribed on two tablets of stone, and perhaps at first set up to the temple of Solomon. Naturally, after the division of the Hebrew kingdom, the Judean historians preserved tin- more exact version <>t it. As new ideals dawned upon the consciousness of the race, this primitive decalogue was supplemented, and became, especially in th,- North, the nucleus about which grew up a much larger body of ceremonial and humane enact- 29 ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS Growth mcnts. All these laws were modelled after the older original, and hence l°iw S eW were expressed in the form of a direct personal command (thou). Side by aml side with the memory that Moses was the author of the original ten words, logues was treasured the tradition that Jehovah's commands were cast in the form of decalogues and pentads. Possibly the priests in this effective way originally impressed the new enactments upon the minds of the people. As new needs arose and new standards were adopted, the priests could easily supplement the older laws by additional decalogues and pentads. Devel- Meantime the demands of the settled agricultural life had made necessary opment & corresponding group of civil and criminal laws. The customs of the agri- corre- cultural Canaanites, the inheritors of the older Babylonian laws, were adapted in™ " to these new needs and were doubtless, in modified form, largely adopted by ££d the Hebrews. When originally promulgated as a brief code, they were crimi- probably grouped in decalogues and pentads. If our explanation be correct, Seca- this form was intended primarily to aid the memory, and may be regarded as logues c ] ear p roo f ? therefore, that these laws, like the corresponding ceremonial group, were probably at first transmitted orally. This fact, then, would explain why all these primitive codes are cast in what at first glance seems to be a very artificial mould. The necessity of conforming to this mould would also explain why some subjects, which are passed over briefly in the Code of Ham- murabi -as, for example, injuries by animals (ef. H. C. §§ 250-52 and Ex. 21 28 " 32 ) — are expanded into five laws, while others, as for example the laws regarding property (Ex. 22 5 " 15 ), though deserving more detailed treatment, are accorded only the same space. A P - It is also probable that the Northern Israelitish school of prophetic historians |£°£j" first committed these civil decalogues to writing. Possibly, as Kuenen has dates urged, they associated them with Moses' farewell words. Just when they primi- were introduced into the midst of the ceremonial decalogues is not clear; codes possibly it was the work of the late prophetic editor who substituted the decalogue of Exodus 20 1 ' 17 and transferred the original Judean decalogue to its present position. At least it is probable that the majority of the laws found in Exodus 20 23 -23 19 and 34, were in force as early as the days of the united Hebrew kingdom; and that the five civil and criminal decalogues, and the four surviving ceremonial and humane decalogues, were to be found in written form by the eighth century B.C. These represent, therefore, the growth of Israel's laws and institutions from that early period, about 1150 to about 750 B.C., when Amos and Hosea and Isaiah appeared as the heralds of a new era in the political and religious life of the Hebrew race. To distinguish them from the legal systems of later periods, these oldest collections of laws may as a whole be appropriately designated as the Primitive Codes; for they record, in concrete form, the earliest revelation of the Divine will through the life and institutions of the ancient Israelites. 30 IV THE DEUTERONOMIC CODES The appearance of Assyrian armies in Palestine aboul the middle of the [ n flu- eighth century and the resulting conquest of both Northern and Southern ' Israel, not only destroyed the simplicity of early Hebrew life, but also intro- in- duced new conditions and problems. Assyrian ideas and religious institutions the threatened to supplant completely the more austere worship of Jehovah. It ,' was the series of grave crises arising from this changed state of affaiis thai called forth the first, and in many ways the noblest, group of Israel's prophets. Amos, Hosea, Isaiah and Micah. Their teachings established new ethical and religious standards in Israel. New needs, new conditions and new ideals, therefore, made a recasting of the old primitive codes a necessity. Fortunately the theory and character of Israelitish law made the needed revision possible. The prophet Isaiah, discouraged by faithlessness and apathy, turned Fniit- from the nobles and people to a little group of devoted disciples in whom he X'. "' saw the earnest of an ultimate acceptance of his teachings by the nation, workol J will preserve the revelation and .seal up the instruction among my disciples, earlier were the words that he uttered, words full of promise for the future ( Is. 8 16 ). The reactionary reign of Manasseh silenced the lips of the prophets. For forty or fifty years after the death of Isaiah, the old Canaanitish culls and especially the newly introduced Assyrian religion, commanded the devotion of the people of Judah and led them to forget almost entirely the exalted ethical teachings of the group of prophets who had followed Amos. The reaction, however, disclosed the crying needs of the situation; and these needs led the disciples of the true prophets to devote themselves to the formulation of the vital principles of their masters in laws so definite that the most obtuse could understand and apply them to the details of every -day thought and life. The noble results of the activity of these disciples are recorded in. the hook of Deu- teronomy. The spirit of this wonderful book is prophetic rather than priestly. The Their emphasis is placed on deeds and spirit rather than ceremonial. Worship j , ,' r ',', M is important only as it is an expression of an attitude of loyalty to Jehovah. Little is said about the ritual; and the prophet figures more prominently than the popu- priest(cf. 18). Love to God, love to man, kindness to the needy and oppressed, and even to animals, are the dominant notes in the hook. The appeal is not so much to fear of punishment as to the conscience "f the individual. The exact penalty for a given crime is often left to the judge. The omission of all technical data and the popular form of the enactments indicate that this hook was intended for the guidance of the people rather than of judges or priests. The whole is presented in the form of a farewell address in the mouth of 31 ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS Moses. In him, as their first great representative, the prophets are made to rise above the temporal and local conditions that called them forth, and to proclaim, with divine authority and in specific terms, the principles, humane, political, social, ethical and religious that underlay all their teachings. Their Yet I he codes of Deuteronomy do not represent a break with Israel's earlier tfonto legal traditions; they are, rather, a natural evolution. Three-fourths of the earlier laws found in the previous codes are represented in Deuteronomy. Those which were omitted (found in Ex. 21 18 -22 25, 28 > 29b ) were of interest only to judges when imposing penalties for specific crimes; and they did not, therefore, conserve the popular aim of the book of Deuteronomy. Although most of the earlier laws are reproduced in spirit, very few are quoted verbatim (cf. Ex. 34 26b , 23 19b and Dt. U 21c ). The days of a slavish worship of the letter of the law are, evidently, still in the future. Usually the purport of the primitive laws is reproduced in the peculiar language of the Deuteronomic writers, fully supplemented by explanations and exhortations (cf. e. g., Ex. 21 2 ~ 7 and Dt. 19 1 " 13 ). Often the usage represented by the earlier codes is modified or entirely abrogated. Thus the law of Exodus 20 24 ~ 26 , a law recog- nizing as perfectly legitimate the many altars scattered throughout ancient Israel, is annulled by the commands of Deuteronomy 12 1 " 28 , 16 5, 6 that de- clare illegal every sacrifice performed outside of Jerusalem. Sources In most instances the reasons for the new rulings can be traced either to prin- 6 the changed political and social conditions or to the teachings of some earlier ciples prophet. Hence an endeavor to guard against a heathen reaction like that under- { ' . ° . lying in the days of Manasseh, made it possible, after the fall of Samaria, to cen- onomy trcdi ze all worship in Jerusalem. Amos and Hosea regarded the local shrines of Palestine with little favor (Am. o 5 , 7 9 , Hos. 4 13 ). The lofty ideals of justice and social righteousness that permeate the book of Deuteronomy, are clearly traceable to the sermons of Amos and Isaiah; and its distinctive spirit, that of love to God and man, is the clear reflection of the central doctrine of Hosea. It was this epoch-making prophet, Hosea, who declared that the worship of heathen gods and the practising of heathen rites was whoredom, treason to Jehovah, and the cause of the nation's undoing. He demanded nothing less than that his people love Jehovah with all their heart and with all their soul, and with all their might. Moses' The assignment by the later editors of Deuteronomy of all the laws of this tion" noble prophetic law-book to Moses, is singularly appropriate. The public *? the address was the characteristic prophetic method of presenting truth. This i i imic is illustrated not only by the so-called oral prophecies but also by the prophetic histories, wherein long speeches containing the doctrines of their late pro- phetic editors, are put in the mouths of Moses, Joshua, Samuel and David. Indeed this literary form is common in all literature, especially in ancient writings (cf. Vol. II, p. 4). Israelitish history and tradition also united in attributing all primitive laws to the master-mind that first moulded the race. These laws furnished the foundation of the new codes. Not to have acknowl- edged the supreme debt to Moses would have been unwarranted. It is but fair to say thai they represent what the great prophet would have taught had he been confronted by the later needs and stood in the light of later revela- 32 THE DEUTERONOMIC (ODES tion. Through all the laws, early ancl late alike, the Bame God was mal known his will to men. It mattered little who was hi- spokesman; the laws themselves bore on their face the credentials of their divine origin. The evidence that the mass of the laws in Deuteronomy are a century <>r Evi- two later than those of the primitive codes, is cumulative and conclusive. Kingship, as well as prophecy, has become an important element in the state ! (l? 14 "-°). The crimes of such rulers as Solomon and Ahab are evidently in is later the mind of the prophet lawgivers ( 16, ''). A supreme court at Jerusalem ||l;!" has been established (17 vl,J ). Not only the many shrines but also the sacred i ,n '"'- pillars and asherahs (consecrated tree-poles), which were countenanced in the . early prophetic narratives and tolerated without protest from the prophets far down into the Assyrian period, are placed under the ban (12*, Hi-'-'). Many other heathen institutions that flourished during the reigns of Aha/ and Manasseh, are also strict h forbidden (IT 1 '). The Babylonian exile. In- it said, cast- its dark shadow across certain pages of 1 leuteronomy (< . ;/., [- The marks of that period are distinctive; the peculiar language and idea- of Deuteronomy are closely related to those of Jeremiah and the disciples who edited his book of prophecies. The evidence regarding the date of the Deuteronomic laws all points to d the latter part of the seventh century. The evils of the reign of Manasseh ,'! r '[ K i na j have become patent: and the prophetic lawgivers take up the task of guarding ' Israel against them for all future time. The spirit of the hook- a-- a whole is decidedly hopeful. Its authors -cciii to contemplate not the distant but the immediate possibility of reform. The rigorous enactments regarding the punishment of the devotees of the ancient heathen cult-, strongly suggest the spirit of the early reformers under Josiah, rather than the dark, reactionary reign of Manasseh. From beginning to end it is essentially a reform book. It seems probable, though the question can never be absolutely decided, that the original edition of Deuteronomy was completed Bomewhere between the beginning of Josiah's reign in 689 and the great reform in 621 B.C., rather than in the days of Manasseh or earlier, as has been sometimes urged. Thai this was the Book o) the Covenant, found, according to II Kings 22, I by Hilkiah the priest while conducting repairs in the temple, ha- been recog thatfj ni/ed by scholars since the days of Jerome. The reforms, instituted by the " :i ~ kiu^' after the newlv discovered law-book had been verified by the prophetic ! order, and publicly read and promulgated by him, are in perfect accord with the demand- of Deuteronomy. All the symbols of the heathen cult- were first cast out of the temple and destroyed (cf . Dt. 12 8 , 17 3 ). All the high pla< their altar-, and the -acred pillars, were broken down: the a-hcrah- were hewn in pieces (Dt. 12). Necromancy and witchcraft wen- suppressed (Dt. IS 11 ). Practically every recorded act in that greal reformation i- in accord with a specific command of Deuteronomy. Henceforth until the days of Ncheiniah and Ezra the life of the Jews of Palestine was regulated b\ this wonderful law book. Aside from the later introductions in 1 t. and the farewell speeches, exhortations, and blessings (<■(. Vol. I, p. 12), the book of I teuteronom] consists ISRAELS LAWS AND TRADITIONAL PRECEDENTS Analy- of seven rather loosely defined groups of laws. These are found in the distinc- tly tively legal sections, 5-26. The first includes the prophetic decalogue, laws of ,V - 1 , and is followed by a series of exhortations based on the first command. onomy The second group, l^-l? 7 , consists of ceremonial and religious laws. The third, 17 8 -18 22 , describes the appointment and duties of the officials — the judges, the king, the priests and the prophets — in the theocracy. In the fourth, 19, is found a collection of criminal laws. With this group is asso- ciated, by community of subject, the law in 21 1 " 9 regarding the expiation of an untraced murder. The fifth group, 20, 21 10 " 14 , consists of military laws to be observed in case of war. The sixth, 21 15 -25 19 , includes a miscellaneous collection of civil, criminal, humane, and religious laws. No systematic prin- ciple of classification is here apparent. Many of these laws are closely re- lated to those found in the other groups. They seem to represent the result of compilation, and to be a series of supplements added to the preceding collections. The seventh group, 26, relates to the presentation of the first- fruits and the triennial tithe. Lack of The laws of Deuteronomy are in general characterized by lack of logical ^ogica orc j er an( j arrangement, though, compared with the primitive codes, there is range- evidence of an attempt at classification. Except in the commands of 5 6 " 21 , and U16Ilt in a few citations from earlier collections (e. g., 22 1 " 4, 13 - 30 ), the system of grouping in decalogues and pentads has been abandoned; a fact probably due to the authors' expectation that their laws would be promulgated not in oral but in written form. Evi- It is obvious, also, that the book of Deuteronomy does not consist of one that eS c °d e coming from the same hand; for it bears all the marks of a collection the of minor codes which have been gradually brought together into their present come relations. The same subjects are treated in widely separated sections; and, schoot conversely, entirely disconnected themes are brought into close connection. of . In addition to the primitive enactments of Exodus 20-23, many other earlier laws have evidently been utilized as the basis of these revised codes. These, as a rule, can readily be recognized by their more primitive form and content (cf. 22). Yet so homogeneous are the phraseology, spirit, and purpose which characterize all the different codes that they establish the underlying unity of the book as a whole. This is more marked and significant than the evidence for different groups of laws from widely different dates. That the different collections or codes are the work of the same school of writers, who from time to time expanded and supplemented the original nucleus of laws, seems to be the true explanation of the repetitions and minor variations in language and point of view. The Both the peculiar structure of the book of Deuteronomy and the report of Book 18, Josiah's reformation in II Kings 22, favor the conclusion that the original of the Book of the Covenant, the basis alike of Deuteronomy and of the initial nant reforms, is represented by chapters 12-19 and 26. With this nucleus was probably associated from the first the original form of the blessings and curses in 28. These sections contain all the regulations which are reported to have been enforced by the reformers. To make the new code the comprehensive law-book of the realm, the mis- 34 THE DEUTERONOMIC CODES cellaneous groups of laws in 20-2.3 were doubtless early added. Then, with Com- the same aim, and by the same school of prophetic reformers, the decalogue !,V t V„." and exhortations in 5—11 were later joined. The provisions in 27 for the PJ°" public promulgation and enforcement of the law appear to belong to a later law- stratum of the book. The entire legal section (5-48), however, was in the present form probably complete, or nearly so, before the Babylonian exile. Its codes, therefore, represenl the development of Israel's law under the in- fluence of the great prophetic preachers and editors who lived and worked between 750 and C»(H) B.C. To distinguish them from the earlier primitive codes on the one side, and the later development of Israel's law on the other, they may appropriately be designated as the Devteronomic or Prophdic Codes (technically represented by IV). In them is found a large proportion of the noblest and most enduring legislation in the Old Testament. 35 EZEKIEL AND THE HOLINESS CODE The The promulgation of the Deuteronomic codes marked the beginning of the ciesln 11 " reign of the written law. Before that date oral laws and customs sufficed the . almost entirely for the needs of the people; but henceforth the authority of to de- the written law steadily increased until it ultimately overshadowed the word written °f the prophet and the counsel of the wise. To this tendency the revolutionary codes experiences of the Babylonian exile gave a powerful impetus. The new conditions amid which the survivors of the Jewish race found themselves, suddenly transformed them into a literary people (cf. p. 13). Upon the work of the scribe depended the preservation of their laws and institutions; and closely bound up with these was the future of the race. The exile also gave its religious leaders new points of view and the changed conditions made new laws necessary. Deuteronomy contained few ceremonial laws; but in the minds of the exiled priests in Babylon the ritual occupied the position of commanding importance. Hence they proceeded to record the customary usages of the destroyed temple, to improve upon these where improvement was necessary and feasible, and thus to develop codes adapted to the needs of that restored Jewish community which was the object of their dreams. Eze- The prophet Ezekiel clearly illustrates this tendency. Born a priest, activity probably trained at the temple and familiar with its institutions as well as as * with the recently promulgated Deuteronomic codes, he, together with other maker Jewish priests and nobles, was carried captive to Babylonia in 597 B.C. The first period of his residence in captivity was devoted to the work of preaching; but in 572 B.C., near the close of his ministry, he prepared the remarkable programme or code found in chapters 40-48 of his book. It is in the form of a detailed vision of the restored community and temple. Chapters 40-43 describe the new sanctuary on Mount Zion, 44-46 the ordinances to be observed in connection with it, while 47 and 48 give a picturesque account of the rehabilitation and allotment of the land of Israel. His new Many of the measurements and ceremonial laws of this code are undoubted- rev- ty reproductions of those of the pre-exilic temple, an institution with which ° lu ". Ezekiel was personally acquainted. He does not hesitate, however, to in- ing troduce entirely new regulations. The temple slaves of alien blood, who had tfons a " formerly ministered at the sanctuary, are forever excluded (44 7, 8 ). Also the Levites, the descendants of the priests of the local shrines outside Jerusalem, who, according to Deuteronomy 18 7 ' 8 were allowed to officiate at the temple, were now excluded from this privilege (44 13 ) and assigned to the menial duties hitherto performed by the temple slaves. Only the sons of Zadok were permitted to approach Jehovah's altar and to offer sacrifices to him. Thus 36 EZEKIEL AM) THE HOLINESS CODE Ezekie] for the first time establishes that siuirp distinction between priest and Levite which was soon universally accepted; l>ut in his code the high j »ri«--^i is simply the bead of the priesthood and is n<>t yet clad in special garments and invested with supreme authority as the civil and spiritual head of the comnniiiity. Instead of the later elaborate ceremonial of the da) of atone ment on the tenth of the seventh month (Nu. 99'' ll ), Ezekiel ordains thai twice cadi year at the beginning of the lirst and sixth months a rite of atonement be observed, but with a very different and much simpler sacrificial formula (45 18 -°). It is not strange thai later Jewish rabbis, confronted by these and other B wide variations, found greal difficult} in reconciling Ezekiel's code with their % mn ng own theory of the origin of [sraelitish law, and thai they were inclined to , - r: " 1 ~ regard it as a heretical. To the modern scholar Ezekiel is an invaluable i index to tlie true history of the Old Testament legislation; for his work can be deli n itch < la ted. Evidently his code is the successor of die Deuteronomic and the precursor of those priestly codes which became the ultimate formative norm of later Judaism. He is one of the pioneers in the movement emanating from the exiles in Babylonia that defined religion in the term- of the ritual and aimed to develop a detailed series of laws regulating the life of the in- dividual and, especially, the ceremonial services of the temple. His code, as such, was never practically adopted by the Jewish race. For B nearly two centuries more the Deuteronomic codes sufficed for the needs upon of the struggling community in Palestine. Much in Ezekiel's programme, jf^ff as for example the allotment of the land, was theoret ical, not practical. At the same time the principles that be emphasized, and most of the innovations that be advocated, were taken up by later priestl) lawgivers and in modified and more practical form were incorporated in the law book ultimately adopted h\ the Jews of Palestine. His primary aim in developing his code in this concrete and dramatic wav. was to Convince his contemporaries that Jehovah's people would certain!) be restored to their native land, and to inspire them to prepare for the return. The later codes, as well as subsequent history, demonstrate thai his higher prophetic purpose was realized. Thus he stands, not merely as the incarnation of the dominant spirit of the exile, but also as the man who. more than any other, shaped the life and thoUghl of later Judaism. Underlying all of Ezekiel's preaching and laws is the dominant conception n - of Jehovah's holiness. The arrangement of the temple, its ritual, the laws J,.""}'" guarding the ceremonial puritj of the priest, even the allotment of the land. these all are intended to guard the central sanctuar) and the Hoi) One in-vmh'i habiting it from coming again into contact w ith anything common or unclean. nBm Furthermore, these elaborate regulations were intended to impress Btrongl) upon the minds of his readers the supreme holiness of Jehovah and the cor responding obligation of his people to he holy. The vision of [saiah ( Is. 8 - 10 - 13, 15 ), is found nowhere else in the Old Testament except in Ezekiel, where it is very common (e. g., Ezek. 14 4 - '• 8 , 4-t 10 ' 12 ). The social crimes especially prohibited in the Holiness Code (e. g., 18 8 , 20 1012 - 17 , 19 13 - 15 - 36 , 20 9 , 21 1 " 5 ),* are denounced by Ezekiel in terms almost identical (e. g., 22 10 ' n , 187.8- 12, tt 3315, 25 ? 45^ 2 2 7 , 44 25 - 20 ). A like emphasis is also laid on the sanctity of the temple (cf. Lev. 19 30 , 20 3 , 21 12 - 23 , 26 2 and Ezek. 5 11 , 8 6 , 23 38 - 39 ). Both seek to guard the priesthood from all possible defilement. Thus in language, thought, and purpose, Ezekiel and the laws of the Holiness Code are bound together by closest ties. Ex- The points of contact are so many and so fundamental that they can be tirattof explained only on the assumption of a vital connection between the two. At the the same time minor variations in vocabulary and representation indicate that of like- Ezekiel was not the author of both. Thus, for example, the Holiness Code ness knows nothing of his distinction between the priests and Levites. It also sanctions, except in the case of the high priest (Lev. 21 14 ), the marriage of priests with widows, a practice which Ezekiel condemns (44 22 ). A detailed comparison of the two systems leads to the conclusion that both come from the same priestly circles and approximately the same date, but that Ezekiel was acquainted with the major portion of the laws in the Holiness Code. Con- In its present form the Holiness Code consists of ten or eleven groups of **f nta laws, which have evidently been disarranged at several points or else dis- Levit- turbed by insertions made by later priestly editors. The first group, 17 3 " 16 , and 18 includes a pentad of much expanded laws regarding the slaughter of animals and sacrifice. All except the last are introduced by the peculiar formula, Every man of the house of Israel ( 3 < 8 . 10 - 13 ). The completion of this decalogue is perhaps to be found in 18 3 - 4 , a passage which contains a group of brief commands emphasizing the duty of faithful allegiance to Jehovah. The next section, 18 6 ' 30 , embraces, as Professor Paton has pointed out,f two decalogues regarding purity in the social relations. Here, as in 19, the formula, / am Jehovah, marks the end of each pentad. The following in- dicates the method of classification: * For a detailed comparison of vocabulary, literary style and teachings, cf. Carpenter and Battersby, The Hexateuch. 1,147-51. t Jour, of Bib. Lit., 1897, Vol. XVI, 31 ff. 38 EZEKIEL AND THE HOLINESS CODE First Decalogue : Purity in Those Belated through Parents and Children First Pentad: Kinship of the First Degree, Leviticus is"- 7 y "'• ,0 . Second Pentad: Kinship of the Scon, I Degree, ls'i, l.-.i.-i. n, i\ Second Decalogue : Purity in Remoter Relationship First Pentad: Relationship through Marriage, is 1 "' 17 ^ 17h ' 1S - 19 . Second Pentad: Outside the Family, is-'"- -'• -'-'• »*■ -' :i,, . The remaining verses of chapter IS (- 4 - ;{0 ) contain a concluding exhortation; this, as a whole, is probably from the original editor of the code, but at Beveral points is supplemented by a later priest. Leviticus 1!) contains a large group of laws regarding religious, moral, and The ceremonial duties. Those in -' '" have evidently been disarranged. They loguea are in part parallel to the prophetic decalogue of Exodus 20 2 " 17 . The parallel y^^ is still more complete if the dislocated fragment in 24 15b-22 be combined with l!)- s . Possibly they represent the remnants of an original decalogue. Fur- thermore, if 3S l>e transferred to its Logical position after lla , two complete decalogues and one pentad of a third decalogue, are to lie found in '' ls . The end of each pentad is again marked by the formula. / OWJ Jehovah. The analysis is as follows: First Decalogue : Duties to Others First Pentad: Kindness to the Needy, L9»». 9b - 10 ». 10b - 10 °. Second Pentad: Bonesty in Business Relations, 19»». &> llb - "«• **. Second Decalogue : Laws against Injustice First Pentad: Toward Dependents, 19 18 *' 18b > 18o > 14 »- 14b . Second Pentad: In Legal Matters, 19 1B ». l5b - l6 °- "•'• l8b . Third Decalogue : l~iws against Pnklndness First Pentad: In the Heart, 17;i ' l7b « l8 »- l9a - l9b . Tt is in this last pentad that the Old Testament legislation reaches its nobles! expression: one of its commands, Thou shall love thy neighbor as thyself, is exalted bj Jesus to a position of transcendenl authority. Remnants of the second pentad, which probably dealt with unkindness to the helpless, are perhaps to be found in 19 88 * **, An alien . . . in your land ye shall not wrong. Thou shall I"*;- him as thyself. Leviticus 19 19 contains three laws against the mixing of dissimilar things. Duplicate versions of these arc found in Deuteronomy 2S 9 ". In the same context, •"'■ '-'. are found the remaining two laws of this pentad. One of them has, for Bome unknown reason, been removed from its natural connection in Leviticus l!» and is now found in Numbers r- :;7 ". This section has all the characteristics of the Holiness Cod.- an. I was probably one,- a pari of it. The second pentad of this decalogue is now to be found in - ,1 -' s ; but in ■-'"-■"■ Beveral incongruous laws regarding 89 ISRAELS LAWS AND TRADITIONAL PRECEDENTS illicit relations between a free man and a betrothed slave and the eating of the fruit of young trees, have been introduced. The following appears to have been the original form of the laws: Decalogue concerning Prohibited Practices First Pentad: Mingling of Dissimilar Things (Dt. 22 5 ), Leviticus 19 19b - 19 c, 19 d Numbers 15 37 " 41 . Second Pentad: Imitation of Heathen Practices, Leviticus 19 26a - 26b - 27 > 28a, 28b_ The remainder of the chapter, 29 " 37 , contains a composite of social and humane laws. Analy- Leviticus 20 2 " 7 - 27 prescribes the penalty to be imposed for apostasy and Levit- necromancy, while 20 8 " 26 contains a group of laws regarding chastity and ic " s ceremonial purity which are closely parallel to those in 18. The former passage (20 2 ~ 7 ) prescribes the penalties; in 18 the crimes are simply prohibited. Each group also employs different formulas and follows slightly different systems of classification. The laws in 18 are simpler, more homogeneous, and cast in the decalogue and pentad form, facts which indicate that these laws are probably much older than their present setting. Leviticus 21 x -22 16 contains the laws regarding the priests; 22 21 " 32 defines the animals suitable for sacrifice. Most of Leviticus 23 is evidently from a later priest, but in 10 - 20 > 39_42 are found certain early regulations regarding the observa- tion of the feasts of unleavened bread, weeks, and tabernacles. As has already been noted (p. 39), the detached group of criminal law 7 s in 24 15b " 22 evidently belong with 19. The rest of 24 is from a later priestly source. The original humane laws in 2o ( 2b - 7 - 14 - 17 " 22 - 24 - 25 - 35 " 40a - 43 -* 47 - 53 - 55b ) which aim through the institution of the Sabbatical and year of jubilee to relieve the unfortunate and needy, are also closely related to the other regulations of the Holiness Code. The many late priestly supplements are readily recog- nized. Levit- The concluding chapter (26) emphasizes, in the form of a hortatory address, the fundamental duty of loyalty to Jehovah and his commands. In thought and spirit this chapter closely resembles the concluding exhortations of Deuteronomy. The evils that will follow disobedience are solemnly pointed out; and in 30 ~ 39 a vivid picture is given of the horrors of exile. This is followed in 40 " 45 by the prospect of a restoration, if the people repent. The promise, however, is not nearly so definite or detailed as that contained in Ezekiel 40-48. The Holiness Code also has its own concluding formula ( 46 ) indicating clearly that it was once a complete and independent collection: These are the statutes and judgments and laws which Jehovah made between himself and the Israelites on Mount Sinai by the hand of Moses. Real The concluding exhortations, as well as the many civil, criminal and ( tt ^ ir;ic " humane laws, demonstrate that this remarkable code was more than a manual of the f or the use of priests. Like Deuteronomy, it was evidently intended to be a ness book for the people. As in Deuteronomy, the penalties are few, the appeal Code is to the individual conscience, and, in many sections, the direct second person singular, Thou, is employed. In contrast with the later priestly codes, 40 1CUS 26 EZEEXEL VXD THE HOLINESS CODE it has many other fundamental points of contact with the laws of Deuteronomy. It emphasizes the obligation to off er sacrifices only at Jerusalem and manifests the same uncompromising hostility to all heathen cults ( IT ; . ]•>■ 26 1 ). It makes no reference to the Utter sin-offerings and knows of only two kinds of animal sacrifice, the burnt-offering and the ordinary sacrifice. Ii> system of feasts is simple, corresponding closelj to those in Deuteronomj and the early prophetic narratives. For these feasts do fixed date has pel been established. The spring Feast is still simply a harvest festival and the later stern day of atonement is unknown. In the Holiness Code the humane element is also very prominent. The The spirit of the prophet pervades it. In this respect it is a worthy companion ^jjf piece and sequel of Deuteronomy. At the same time the interest in the ritual p«>-. is more marked and the point of vie* of the priest is constantly revealed. .'m.V"' It is a remarkable blending of these two \.t\ different motifs. In subject- S5J!" Uy matter and aim it stands midway between the prophetic codes of Deuteronomj , '"'"^ and the priestly codes of Ezekiel and the later writers who place the emphasis chiefly upon the ceremonial. In its original unity, before supplemented by the late priestly additions that were intended to bring it int.. conformity with the later point of view, the Holiness Code stands, also, in point of time between the Deuteronomic codes and that of KzeUel. It bears the marks of the Babylonian exile; and yet there is everywhere apparent an intimate acquaintance with the life of the pre-exilic .Indean stale. Likewise, K/eUcl's sermons, delivered before the final destruction of Jerusalem in 586 B.C., reveal in language, ideas, and aims, an intimate familiarity with the majority of its laws. It is probable, therefore, thai the original draft of this code was made between the first and final cap tivity (•">!>? 586 b.c), a period in which the more enlightened leaders, like Jeremiah and Ezekiel, saw clearly that the state was doomed, and thai Israel's laws and institutions, if they were to he preserved, must he put into written form. The presence of many duplicate version, ,,f the same law, the primitive I h- nature of certain of the regulations, the frequent points f contact with the ;.' 1 l i ' l, ' r early codes in Exodus SO^-fcS 10 , and the pentad and decalogue structure of several groups of laws, Btrongly suggest that the work of the exilic editor was largely the work of a compiler, and that many of its enactments come from a much earlier period in Hebrew history. This is especially true of the simple decalogues in l?-l!>. Their structure indicates that they were originally intended to he orally transmitted. Thej are apparently the Judean counterparts of the Northern Israditish Judgment* and of the religious and humane laws j,. Exodus 20 23 28 1B . Their roots ,,re probably t<> be traced to the Mosaic and nomadic periods of [graelitish history. In their pentad and decalogue form, however, they assume the settled agricultural life of Palestine. Furthermore, the majority of them reflect the ethical teach of the prophets of the eighth century B.C. It is therefore probable that they were not promulgated before the latter part of that century. Some <>f them, as for example those in 1?' IS', cannot he earlier that) the age of Deuteronomy. The remainder of the original Holiness Code apparently n ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS records the standards and ceremonial usages in vogue in Judah during the half century immediately before the exile; although many of them doubtless reflect customs as old as the Hebrew race. Thus, as in the case of every Old Testament code, a majority of the laws are much older than the date of the collection in which they are at present found; hence, it may truly be said that the later Jewish traditions which aim to emphasize the antiquity of Israel's laws are not without a large and substantial basis in fact. 42 VI THE PRIESTLY CODES For at least two centuries after the tall of Jerusalem in 586 B.C., the in- Growth fluences that had led Ezekiel and the author <>r authors of the Holiness < <><).• to develop their legal systems, continued t<> hear abundanl fruit. The resull ""■" :;i1 is a large body of heterogeneous regulations and traditional precedents, now scattered through Exodus, Leviticus and Numbers, l»ut all sharing certain marked characteristics which distinguish them sharply from Israel's earlier laws. The first characteristic is thai they all, with the exception of Numbers 27 1 " 11 , 35 and 30, relate to ceremonial observances. Thus at once are revealed the point of view of the priest and the dominant interest of exilic and post-exilic Judaism. These priestly laws represent the bridge over which the Israelitish race passed from the highly ethical and spiritual religion of the pre-exilic prophets to the rigorous ritualism of the scribes and Pharisees. Throughout, these laws assume the belief in one supreme I )citv, worshipped lhrir by his people at one central sanctuary. Though written, as most of them are, from the point of view of the wilderness, they ignore the unequivocal testimony of the earlier historical records, and assume that the institutions which developed in the later days of the kingdom or grew out of the changed conditions of the exile, were in full force in the age <>\' Moses. In this belief they share again the peculiar point of view of later Judaism. Like the Chronicler (cf. Vol. [I, pp. 27, 28), thej have, in their passionate love for the temple and its ritual, lost the historical perspective, and project back on the barren canvas of the wilderness the priestly ideals which lill their minds. Their vocabulary and conception of the ritual, a- compared with those of '>' the pre-exilic lawgivers, have also undergone a fundamental transformation. \ Thus, for example, the earlier word for sacrificial gifl (niiiihuli), a word that f'"" 1 signified both vegetable and animal offerings, is used fully ninety times, but earlier always with the restricted meaning of cereal-offering. Likewise, the pic exilic forms of sacrifice in which the individual offerers prominently participate, fall into the background; and in the later priestly codes practically all the sacrifices, with the exception of the sin offering, arc public and under the eharge of the priests and Leviles. Whole burnt-offerings, of which all or the greater part of the animal is consumed or given to the priestly representa- tives of Jehovah, take the place of those earlier Sacrificial feasts in w Inch onl\ a small pari was burnt and the major portion eaten by the offerer, his family and dependents, and the poor Levites. The ancient festivals cease to be joyous feasts closely connected with the harvests, and liecoine solemn religious assemblies celebrated at fixed dates and with only Blightlj varying public 48 ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS sacrifices. Certain new festivals, like the day of atonement, and certain new offerings, like the sin-offering, appear in these later laws. All these new ideas and institutions are the outgrowth of the sense of guilt impressed by the exile upon the consciousness of the race. These increased forms and sacrifices indicate also an ardent desire to attain a ceremonial purity more worthy of the favor of the Holy One. The separation between the priesthood and the laity, slight indeed in the earliest period, is now complete; and the distinction between priest and Levite, first made by Ezekiel, is now absolute; each class of temple ministers, moreover, have defined for them in detail their rights and limitations. Aims These radical distinctions evince the real animus of the later priestly law- priestly givers. Like Ezekiel and the authors of the Holiness Code, on the one hand, law- they were uplifted by an awful sense of the holiness and majesty of Jehovah; givers *- * . and on the other hand, like all their race after the great calamity of 586 B.C., they were crushed with a sense of national guilt. As individuals they were conscious of no great sins, but their race as a whole seemed to lie, rejected and polluted, under the dark shadow of Jehovah's displeasure. The prophetic doctrine of personal righteousness seemed inadequate to meet the needs of the situation. The priest, therefore, influenced by all the precedents of the past, by the example of the Babylonians and other contemporary nations and by the traditions of their own class, sought relief through the ritual. Forth- with they set to work to purge their ritual of its unworthy heathen elements, to elaborate it in such manner that it might prove adequate to the great need, to guard it by carefully formulated laws from all irregularity or perversion, and finally, so to establish its divine authority that the faithful observation of each regulation would be assured. Evi- Studied in the light of these common aims, the various priestly laws possess of grad- a rea ' unity. At the same time the evidence indicates clearly that they come ual , not from one but several hands, during a period of a century or two; for growth and within the priestly codes themselves there are repetitions of particular laws g n ^ er " in the same or different forms. Leviticus 6 8 -7 38 , for example, covers editors practically the same ground as chapters 1-5; and in some cases laws that appear to be late supplant or modify or supplement older regulations. The present structure of the priestly codes indicates, moreover, that they are made up of originally distinct, sometimes very loosely co-ordinated, groups of laws. The Such a group is found in Leviticus 1-3, 5-7, 11-15, Numbers 5, 6, direct 15 ail d 19 14 " 22 . It is distinguished from all other groups by the presence of tions such introductory or closing formulae as: This is the torah of the burnt-offering teach- (Lev. 6 9 ), or of the cereal-offering (Lev. 6 14 ), or of the guilt-offering (cf. also ing Lev. 6 25 , 7 11 , 11 4G , 12 7 , 14 1 - 54 , 15 32 , Nu. 5 29 , 6 21 , 19 14 ). This collection of laws is evidently a manual for the guidance of priests and worshippers in the discharge of their sacrificial obligations. It deals with the different kinds of sacrifice, the distinctions between clean and unclean, the rules of observance for priests and people, and the duties of those assuming the Nazirite vow. The majority of these laws are evidently based on toroth or decisions rendered by the priests (hence for the group the technical designation P l ). The fre- quently recurring phrase, according to the ordinance (e. g., Lev. 5 10 , Nu. 15 24 ), 44 THE PRIESTLY CODES also suggests that many of these laws simply reproduce established (possibly earlier documentary) regulations of the pre-exilic temple. In language and theme the priestly directions are rather closely related Their both to each other and to the Holiness Code. They have been revised certain points and adapted to the priestly point of view; but in their oldest ,i:lle form they were apparently associated with the pre-exilic ten! of meeting, not with the late priestly dwelling or tabernacle. Furthermore, occasional traces of pentads strengthen the conclusion thai this group of laws, like the Holiness Code, has as its nucleus certain pre-exilic priestly regulations. These earliest regulations have been supplemented by formularies of customs that had gradually grown up aboul the temple, and by rules of procedure given by older priests for the guidance of their younger colleagues ami for worshippers. The changed conditions of the exile led to further revision and supplementing, until these priestly directions attained their present form. To date them exactly is impossible. The older pentads probabrj go hack to the days of the two Hebrew kingdoms, and, in many cases, doubtless reflect still earlier customs. The final formulation of the laws as a whole cannot, however, be dated before the earlier part of the exile. They were probably joined to the other priestly codes at a considerably later date; for they have no organic connection with their context nor with the historical framework that furnishes the setting tor most of the later laws. The groundwork of the priestly codes (technically known as P«) consists T| 1P (1) of an historical introduction to the ( )ld Testament laws as 8 whole (desig SoISf nated in Vol. I, pp. 43 18, as the I. ah- Priestly Narratives), and (2) of ; , more "^jJjJJL or less homogeneous group of laws that is adjusted to this framework, i As has already been noted (Vol. I), the historical sections arc \.r\ terse, indeed little more than genealogical lists, excepl where they expand to in- troduce a covenant like that of the sabbath (Gen. I 1 2**), or an important legal institution like the rite of circumcision (Gen. 17). They trace Israel's history in outline to the settlement in Canaan; hut they find their true cul- mination in the covenant and traditional legislation at Sinai. Sinai ami the wilderness, therefore, furnish the setting lor all the laws peculiar to this ground- work. 'The dwelling or tabernacle takes the place of the later temple, and all the laws intended for subsequent use centre about it. In the wilderness, apart from all people and things that might defile, the ideal ceremonial purity of the congregation and camp is set forth in carefully elaborated regula- tions. To this groundwork belong the main body of the laws regarding thepassover i in Exodus K' 1 l:; ■ l:; '''. the detailed directions regarding the dwelling or ul | tabernacle in <■>'> -.»!>. the law of the sabbath (■>■'•■' ; ). the consecration of the priesthood (Lev. !> in), the dav of atonement (Ho. the -acred calendar (834-g »), the lamps and showbread (24 ] ">. the census at Sinai (\'u. I 1 l ), the Levites (3), the priestlj benediction the use of trumpets (Hi 1 8 ), and the duties and dues of the priests and Levites 1 18). The fact thai the >aine technical terms, peculiar idioms, and characteristic ideas bind to gether these laws and their historical Betting, suggests that they may ha\e once constituted an independent literary unit. It' so. thej may, on the basis '5 ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS of the narrative sections, be approximately dated somewhere between 450 and 400 b.c. (cf. Vol. I, p. 47). The What has been true of all legal codes was especially so in a period of intense mentl\ literary activity such as this; the work of revision and supplementing in all priestly likelihood began soon after the groundwork was complete. Whether the codes jj jj ness Q 0( le and the priestly directions were among the first additions cannot be definitely determined. Aside from these larger and older codes, the additions to the groundwork represent simply the continuation of the process that had already produced the earlier groups of priestly laws. These supple- mental priestly codes, however, have their own peculiarities in vocabulary and thought. They are intended to fill up the gaps in the older system of laws and to define more definitely the method of procedure. In this respect they are the immediate precursors of the oral law of later Judaism now found in the Mishna; for traditional precedents, such, for example, as the story of Zelophehad's daughters in Numbers 27 1 " 11 , here figure prominently, and are none other than earlier types of the halachic midrashim that became so popular with the later scribes. The tendency to make the ritual more elaborate is strong. Thus, an altar of incense, not previously known, is introduced; and the formal act of anointing, hitherto reserved for the consecration of the high priest, is now extended to the ordinary priests; the formula of blood- sprinkling, also, becomes more elaborate, and a secondary passover is added. These supplemental laws increase in many ways the income of the temple and priests; the tithe of the ground, for example, is extended to the herd, and the poll-tax becomes one-half instead of one-third of a shekel. Their The supplemental laws bulk large in the Pentateuch; but such is their pro- tents fixity and their reiteration of older regulations that their importance is far from proportionate to their volume. They mark the beginning of that intellectual, spiritual and literary deterioration which is still more in evidence in the Mishna and Talmud. To these supplemental codes belong the detailed and repetitious account of the preparation of the dwelling or tabernacle in Exodus 35-40, the law of the sin-offering (Lev. 4), the consecration of Aaron and his sons (8), the fiftieth year of jubilee (25 8 ' 17 - 23 - 25 " 55 ), vows and consecrated gifts (27), the order of the tribes (Nu. 2), the census of the adult males (4), the dedication of the altar (7), heterogeneous ceremonial laws (8 and 9), purification with the ashes of the red heifer (19), the law of inheritance illustrated by the case of Zelophehad's daughters (27 1 " 11 ), the calendar of sacred seasons (28, 29), regulations regarding vows made by men and women (30), the laws of war (31), and the marriage of an heiress (36). In addition to these independent regulations, almost all the important earlier priestly laws contain supplemental sections from the hands of the late priestly scribes, who sought thus to bring the older into harmony with the later institutions. Their Most of the supplemental priestly laws bear on their face the evidence of ^f" their late origin; but a few of them, those for example regarding vows, date probably reflect comparatively early usage. Obviously it is difficult to fix the date of these laws, for they clearly represent the growth of many years. Possibly some of them had already found a place in the law-book accepted about 400 b.c. by the Jewish community in Palestine (Neh. 10). It is prob- 46 THE PRIESTLY CODES able, however, thai the majority are later additions. The temple tax, for example, in the days of Ezra and Nehemiab was still one-third of ;i shekel (Neh. 10 32 ) and not one-half, as required by the supplemental law in Exodus 30 11 " 10 . And, as has already been noted, tin- date of the great day of atone- niciii musl have been fixed later, for th< re is no suggestion in Ezra or Nehe- miah of its having Keen observed on the tenth day of the seventh month. The tact that in Nehemiah 10 :<7 only the tithe of the ground is required, as in the earlier priesth codes, liken ise indicates that the definite supplemental law in Leviticus 37 30 ; ; . which add-, a tithe of the herd and of the (lock, was not vet incorporated in the law of Moses. With most of these later regula- tions, however, the ( hronicler was familiar. It is safe to say, therefore, that the priestly codes in their composite form were, with the possible exception of certain brief scribal additions, in existence ami accepted as authoritative by the Jewish race at lea^t as early as £50 B.< . As is well known, the influences which in divine providence produced the h priest!) codes did not cease to be felt when the canon of the law Was closed Old institutions continued to develop and new ones to come into existence. I'^'" h Hundreds of legal questions not anticipated by the Old Testament laws arose, and the final decisions in time came to have binding authority. Ill most cas.s traditional precedents associated with Moses were developed, usually as a product of scribal imagination, to lend support to that authority. For centuries these wen- treasured and augmented in the rabbinical schools. Lest they should supplant the written law of the Pentateuch, thej were at first preserved only in oral form; but at length their bulk defied the power of human memory. The scattering of the .lews after the destruction of Jerusalem in 70 \.i>.. also endangered their preservation. Accordingly by ^'(»(i \. I., they were committed t<> writing. The Mishna, which records the majority of them, itself ill time failed to answer all the <|iics|ion. thai changed conditions ami rabbinic imagination suggested: about it in turnjthere grew up during the succeeding centuries a vasl bodj of comments and traditional decisions, ultimately gathered together about 600 \.n.. in the <:reat treasury of Jewish thought and literature, the Babylonian Talmud. The priesth codes, in their final written form, stand at the middle point in l a process of legal development that began in remote Semitic antiquity j', r „',..'u v (cf. Frontispiece). For nearly two thousand \<-ars it can be traced In the life «od«« and literature of the braelitish race. N<> "lie will maintain that the priestly history < odes represent the zenith of that development ; it is rather to be found in the \'. ir \1',. Deuteronomic and Holiness codes. In many ways the priestly laws repre- "■'< '■'" sent a step backward to the more primitive stages when religion and religious duty were defined in the terms of the ceremonial There arc few institutions or rites in the priesth codes that were not in s lr ,, n( j vogue among other Semitic peoples and especially the Babylonians. Both ( I .,' I( .' 1 ! ,, f races had practically the same sacrificial terminology ; the same kinds of '""'"" vegetable and animal sacriliccs w eie offered; \ ictims a \ ear old were preferred - and thej must be without blemish; arks, altars, temples, tables of showbread, and the paraphernalia of sacrifice were nearly identical. The distinctions be tween clean and unclean food, and the law s of ceremonial purity were shared i: ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS in common. In almost every law of the priestly codes the influence of the inheritances from Israel's primitive past and of the Babylonian religion with which the exiled priests came into closest contact, is clearly reflected. Hence it was inevitable that the clear prophetic vision of God should often be ob- scured by the priesthood and the ritual, that the individual should become only a member of the congregation, and that forms strikingly similar to those of the peoples about should take the place of that personal worship which the prophets so fervently upheld. The And yet it must be remembered that the priestly laws are not antithetic value to the older prophetic legislation. Both continued to exist side by side until ancl fi they were united by a priestly editor. The priestly lawgivers assumed the cance ethical and personal teachings of the early codes as the basis upon which priestly they reared their ritual and hierarchy. They also appreciated the firm hold codes ^ na j. fjjg anc i en t ritual had upon the great body of their nation. Though its origin was in a sense heathen and its influence often debasing, they could not expel it if they would. Accordingly they devoted themselves to singling out those older laws and customs that were adapted to the new conditions, to eliminating the debasing elements in the prevailing religious rites, and to giving the ritual as a whole a nobler and more spiritual meaning. History records the success of their efforts. Through the period of greatest peril and trial they preserved their race and religion intact within the wall of separation which they reared high about them. And though without the heathen raged, within that sacred enclosure the faithful — as the Psalms abundantly attest — found inward peace and joy in the presence of the Eternal Father. 48 PERSONAL AND FAMILY LAWS PERSONAL AND FAMILY LAWS A Personal Relation and Condition PARENTS AND CHILDREN §1. Honor and Obedience Due Parents, Ex. 21". ', Dt 5" [Ex. x»0'-]. Dt. 21"-" 27", Lev. 19 3 *, 20» Prim if in- Codes Ex. 21 l5 He that striketh his father or his mother BhaU bo put to death, realty 17 IIc thai curseth his father or his mother shall be put to death. biLi im- personal Relation and Condition, Israel's primitive laws contain i to the kine f >r state or even to judges; bul i h<- master who stands ni the bead of the household is frequently mentioned, Ex. 21 . 22*. Be is regarded as the responsible and repres en tative member of Bociety. The earliesl laws themselves deal chiefly with questions thai concern the family. Tins characteristic is undoubtedly due to the fact thai they embody usages and axy laws thai come from 1 1 , * - early nomadic stage when there was no orgai and when the family or tribe was the only social unit. Throughout most of the period represented by fin- O.T., [sraelitish society rrtaineil its original simple organization. At the head "f the family was the father. Sharing with him the authority was ins wife, if she was tli" mother of sons. Nezl in rank, bul ever su to their father, with whom they usually continued t" live even after they had wives and chil- dren of their own. -i i i)„. sons. The daughters always occupied a very inferior position, minted as little better than slaves until they were married and became moth. servants, either foreigners or freedmen who possessed little property l>nt nol yel reduced by poverty to slavery, arc recognized in the laws. Much more numerous and important wen the household slaves. Both foreigners and native Israelites were found in their ranks. Out- side the family and regarded as wards of the community or state, were the aliens who had become permanenl residents in the land of Israel. 5 1 It is to the lasting glory of the O.T legislators thai they broke away from oriental tradition and demanded equal homage for both mother and father. The emphasis given to this law is doubtless due to the facl thai the authorit] of the father was oi f the eorner- of early [sraelitish society, and th_1 obedience to the human parents was closely akin to obedience to the Divine Parent. Semitic law never wenl a- far as the Roman, which gave to the father absolute power of hfe and death over his children. The Code of Hammurabi is still milder, for it nol only aims to protect the son's right of inheril igainsl the of the father bul also rule- that : me fianinul hi* [nlhtr, which exit* off from annship, fur the flrtt offence hr flmll pardon him. If h<- hat committed u grave ertfm f.me, thr father ahull cut 'i/7 hit *nn frnm *nti*hiii. The old Sumerian laws, however, made slavery the penalty for ■ son who repud his father: // n nun hat *niil In hit father, You nrr no/ my faihi r. hr may brand him, lay frttrr* i. him, and tell him, Ij a S4'n hux taid to his mother. You nrr not my mother, out thnll limmi hit drirr him out of lh> city, and mak- him 'i" mil •<] ih<- haute. The Babylonian, as well as the Hebrew father bad the ri»tht to nil his ohildren, if or to hire oul Ins son and to take Ins « . 51 Dt. 5 16 ] PARENTS AND CHILDREN Deuteronomic Codes Reward Dt. 5 16 Honor thy father and thy mother, as Jehovah thy God hath piety 3 ' commanded thee: that thy days may be long, and that it may go well with thee, in the land which Jehovah thy God giveth thee. a Proced- 21 18 If a man have a stubborn and rebellious son, who will not obey the iiTthe v °i ce °f his father, or the voice of his mother, and, though they chastise him, case of will not give heed to them, 19 his father and his mother shall take hold of him, disobe- and bring him before the elders of his city, and to the gate of the place dience w jj ere he li veSj 20 an( j fay s h a i] sa y to the elders of his city, This our son is stubborn and rebellious, he will not obey our voice; he is a spendthrift and a drunkard. 21 Then all the men of his city shall stone him to death; thus thou shalt put away the evil from thy midst, and all Israel shall hear, and fear. Public 27 16 Cursed be he who dishonoreth his father or his mother. And all demna- ^ ne P eo ple shall say, So may it be. b tion Holiness Code Reiter- Lev. 19 3a Ye shall fear each man his mother and his father. 20 9 For of the every one that curseth his father or his mother shall be put to death; he hath older cursed his father or his mother; his blood shall be upon his own head. law § 2. Authority of Father over Unmarried Daughter, Nu. 30 3 - 6 Supplemental Priestly Codes Father Nu. 30 3 When a woman maketh a vow to Jehovah, and bindeth her- annui° se ^ D y a pledge, while she is still in her father's house, in her youth, and her even a father heareth her vow, and her pledge with which she hath bound herself, made and her father saith nothing to her, then all her vows shall be valid, and every daugh- P^dge with which she hath bound herself shall be valid. 5 But if her father ter express his disapproval of her on the day that he heareth, none of her vows or her pledges with which she hath bound herself shall be valid; and Jehovah will forgive her, because her father expressed his disapproval of her. a Dt. 5 16 The variant in Ex. 20 12 reads, Honor thy father and thy mother that thy days may be long upon the land which Jehovah thy God giveth thee. Both contain the original brief com- mand of the prophetic decalogue, supplemented by a statement of the blessing that will surely follow its faithful observance. b Dt. 27 16 This verse comes from the later supplement to the book of Deuteronomy. It may, however, represent an old liturgical formula. The language of these curses, Dt. 27 1 *" 26 , is related to the Judgments in Ex. 21-22 20 , and the Holiness Code. § 2 The phraseology of this section connects it with some of the latest additions to the O.T. It is not closely joined to its context, 29 and 31, but rather supplements the laws re- garding vows in Lev. 27 and Nu. 6. It, however, probably reflects earlier usage and well illustrates the legal status of the unmarried Hebrew daughter, for a vow in ancient times was otherwise regarded as irrevocable. 52 FORBIDDEN MARRIAGES [Dr. 22 30 II THE MARRIAGE RELATION § 3. Relatives between whom Marriage is Illegitimate, l)t. 22 30 , 27- u - - •', Lev. 18«-". ■'• " Devieronomic Codes Dt. 'Z'l :i "A man shall not many his father's wife and shall not uncover With a his father's skirt. c >7 ^Cursed be he who lieth with his father's wife, %£&„ because he hath uncovered his father's skirt. And all the people shall sai So may it be. --Cursed be he who lieth with his half-sister, the daughter of his father, with a or the daughter of his mother. And all the people shall say, So may it be. J-^ 23 Cursed be he who lieth with his mother-in-law. And all the people With a shall Bay, So may it he. mother- * in-law Holiness Code LeY. 18 G None of you shall approach to any who are closely related to With him, to uncover their nakedness: I am Jehovah. "The nakedness of thy ;',' r 'X|.'- father, and the nakedness of thy mother, shall thou not uncover: >he is thy mother, mother; thou shalt not uncover her nakedness. 8 The nakedness of thy half- * father's wife shalt thou not uncover; it is thy father's nakedness. ''The nakedness of thy sister, the daughter d of thy mother, whether horn at home, or away, her nakedness thou shalt not uncover. '"The nakedness of thy son's daughter or of thy daughter's daughter, With a their nakedness thou shalt not uncover; for their nakedness is thine own. SJugh- "The nakedness of thy father's wife's daughter, begotten of thy father, who wr, is thy sister — her nakedness thou shall not uncover. '-Thou shalt not un- daugh- eovt r the nakedness of thy father'- Bister; -he is thy father's near kinswoman. \'.'X' u ,', r l3 Thou -halt not uncover the nakedness of thy mother's -i-ter: for .-he i- thy mother's near kinswoman. ' 'Thou shalt not uncover the nakedness of thy Marriage Relation. Since the familj was the moot important unit in ancient Semitic was always carefully guarded. So ■ ipletelj was attention fixed on the interests of tin; family and clan that ill'' parents always arranged the preliminaries, an. I the Feelings and wishes of the contracting parties were ran consulted. :;> nf laws and its counterpart, Lev. 20" ■ '■ ■ evidently intended primarily to guard the purity and peace of the family life. No distinction i- made between relationship by marriage and by t » 1 1. The three capital offences are marriage with a step- mother or a daughter in-law, or both a mother and Imt daughter, Lev. 20"' '-'• "• § 72. in none ol be alliance between bl I kinsmen. The 0.1 in the development of tlm mural oonscious- ' 'I"- nation in regard to marriage. The primitive law- an- silent and the earliest narra- ■■• of the Hebrews was similar to that among the Egyptians and I Man-, where marriage betweei ind in some cases between parents and children «a-< n.,t unknown. Thus according to Abraham married his balf-s li David's son Amnon had chosen to man otly the public opinion of hia day would have approved the act, II Sam. 13". Lot married two daui rding to the tradition in Gen 19 ; Jacob married tvt Father married his own aunt, II"- lau of I'-. urvived in the face of later public opinion, desire to perpetuate the family and to V.r>\> intact its hereditary wealth, waa stronger In the <• in. 22 " Evidently a euphemism; enter into marital relationi with • stepmother. d Lev. 18' A ci ibe has added, anticipating the detailed lau in, "us daughter «/ thy fathi r or. Lev. 18 14 ] THE MARRIAGE RELATION Holiness Code father's brother, thou shalt not approach his wife; she is thine aunt. 15 Thou shalt not uncover the nakedness of thy daughter-in-law; she is thy son's wife; thou shalt not uncover her nakedness. 16 Thou shalt not uncover the nakedness of thy brother's wife; it is thy brother's nakedness. With 17 Thou shalt not uncover the nakedness of a woman and her daughter; mother thou shalt not take her son's daughter, or her daughter's daughter, to un- ¥* d , cover her nakedness; they are near kinswomen ; it is unchastity. 18 And thou uaugh- * . " ter or shalt not take a woman as your wife in addition to her sister, to be her rival daugh- to uncover her nakedness, beside the other in her life-time. 24 Defile not ter ° r yourselves in any of these ways, for in all these ways the nations, which I am two casting out before you defiled themselves; 2o thus the land became defiled, and I visited its iniquity upon it and the land cast out its inhabitants. sisters §4. Marriage with a Captive, Dt. 21 I0 - 14 Deuteronomic Codes Forms Dt. 21 10 When thou goest forth to battle against thine enemies, and fimita- Jehovah thy God delivereth them into thy hands, and thou carriest them tions to awa y captive, n and seest among the captives a beautiful woman, and thou served hast a desire for her, and wouldest make her thy wife, 12 then thou shalt bring her home to thy house; and she shall shave her head, and pare her nails; 13 and she shall put off the garb of her captivity, and shall remain in thy house, and lament for her father and her mother a full month. After that thou mayest go in unto her, and be her husband, and she shall be thy wife. 14 But if thou have no delight in her, then thou shalt let her go where she will; but thou shalt not in any case sell her for money, thou shalt not deal with her as a slave, because thou hast humbled her. § 5. Marriage with Aliens, Ex. 34 12a . ". lfi , Dt. 7 1 - 4 , Nu. 25 6 - 13 Deuteronomic Codes No Ex. 34 12a Take heed 15 not to make any alliance with the inhabitants mar-" °f the land, lest, when they play the harlot after their gods and sacrifice riage to their gods and thou be invited, thou eat of their sacrifice; 16 and lest, if with & native — ■ peoples earlier period than the moral sense. The latter evidently developed rapidly under the preach- ing of the prophets, so that in Dt., and in the older decalogues preserved in the Holiness Code, it finds definite expression in laws which Ezek. makes the basis of one of his sermons, 22 10 ' ll . § 4 Female captives in war, like slaves, were adopted by the Israelitish community and family. Therefore the law provides for the marriage of Hebrews with them, simply stipulating that it shall not be done hastily and without consideration for the feelings of the captive. Having been raised to the position of a wife, she cannot again be sold as a slave. The Babylon- ian law also made the same provisions regarding female slaves, if they had borne children to the master. It further decreed, H. C. § 137, that if divorced the slave must be provided with means to support the children, and that when they had grown up she should have the equivalent of one son's share in her first husband's property and be free to marry the husband of her choice. § 5 The laws against intermarriage with foreigners cannot be traced back beyond the late prophetic codes. Indeed the supplemental editorial addition in Ex. 34 15 ' 16 and in Dt. 7 14 are probably little, if at all, earlier than the Babylonian exile. The suggestive silence of the primitive codes is explained by the references in the earlier historical narratives where the marriage of kings like David, Solomon, and Ahab, and of private citizens like Samson and the mother-in-law of Ruth with foreigners, is a common practice, uncondemned by the earlier writers. Non-intermarriage, however, was a corollary of Elijah's stern principle of non-alliance with foreigners. The Deuteronomic school first applied this principle rigidly to the life of the nation. The changed conditions of the Babylonian exile made non-intermarriage an absolute 54 MARRIAGE WITH ALIENS [Kx. S4 16 Deuteronomir Codes thou take their daughters as wives for thy sons, and their daughters play the harlot alter their gods, thou also make thy Bona play the harlot alter their gods. Dt. 7 l When Jehovah thy God shall bring thee into the land which thou I art going in to possess, and shall clear away many nations before thee, the ] Ilittites, the Girgashites, the Amorites, the Canaanites, the Perizzites, the * ntep " HiviteS, and the Jebusites, Seveu nations greater and mightier than thou, -and when .lehovah thy God shall deliver them into thy hands and thou I',',','.,. shalt smite them, then thou shall completely destroy them 6 without making l:i " any terms with them, or without showing any mercy to them: ''neither shall thou make marriages with them: thou shalt not give thy daughter to his son, nor shall thou take his daughter as a wife tor thy son. 'For he will turn away thy son from following me to serve other gods so that the anger of •lehovah will he kindled against you, and he will quickly destroy thee Priestly ( 'odes Xll. 25 6 Now, hehold, one of the Israelites came and broughl horn.- to \ tradi- his kinsmen a Midianite woman in the sight of Moses and of all the congrega- tion of the Israelites, while they wen- weeping at the door of the tent of 'j'" ,: meeting. 'And when I'hinehas, the son of Klea/ar, the son of Aaron the the jiriest, saw it, he rose up from the midst of the congregation and took a spear |-,''' r " :i1 in his hand, s and went after the man of Israel into the large tent and thrust inter- both of them through, the man of Israel and the woman, through the body, riage So the plague was stayed from the Israelites. ''And those who .lied of the plague were twenty-four thousand. '"And Jehovah spoke to Moses, saving, ll Phinehas, the bod of Eleazar, Reward the son of Aaron the priest, hath turned avvav my wrath from the Israelites, i',| im ,._ in that he was jealous with the jealousy which I myself show among them. li:1 -' so that I did not consume the Israelites in my jealousy. '-'Therefore say, ' Behold, I give to him my covenant of peace; l; and it shall he to him and his descendants after him the covenant of an everlasting priesthood; because he was jealous for his God and made atonement for the Israelite-.' § <;. Marriage of Priests, Lev. iV- l »-» Holiness ( ''»/< Lev. '! 1 'A priest ' shall not marry a woman w ho is a harlot or dishonored : N nor shall hi' inariv a woman who has heen divorced from her busband; for I, 1 ,';'"^ a priest is consecrated to his God. """" :l1 essential, if the i erve theii racial identity. The record* of I ira 9, 10 and Neh. 13 23 " 28 clearlj indicate that the Jen ol Pali ne continued to intermarry with fori as laic as MX) B.C. W itfa the adoption I the priestly law they appear t<> have accepted the he .lews nf the dispersion, so thai from tins time marital all with any on garded as illegal, The late priestlj precedent in Nu h:i~ evidently intended to aid in enforcing this law and t" trace i1 back t" Moses, cf, Introd. p. 46. Marriage with resident aliens who had permanently identified themselves with the Jewish community was permitted even in the case of a priest's daughter, al least in the II- Code, Lev. 22 • In. 7' I it., devote, put them under Ike ban, i. <•.. put them t" death. $ ti In iln- concrete and effective way the later lawgivers impre ss ed upon the minds pie through the symbolism of tin 1 ritual, moral as well as oeren ial obligal ' Lev. -'i ■ Beb he 55 - Lev. 21 13 ] THE MARRIAGE RELATION Holiness Code The 13 A high priest shall take a virgin as his wife. 14 A widow, or a divorced prfest woman, or a dishonored woman, or^ a harlot, such he shall not take; but a virgin of his own father's kin shall he take as his wife, 15 that he may not make his offspring dishonored among his father's kin : for I am Jehovah who sanctifieth him. § 7. Marriage after Seduction, Ex. 22 1 ", Dt. 22 28 . 29 Primitive Codes Seduc- Ex. 22 16 If a man entice a virgin who is not betrothed and lie with her, a vh°in he must make her his wife by paying a dowry for her. Deuteronomic Codes A wife Dt. 22 28 If a man find a virgin who is not betrothed and take hold of wedded ner an( * ^ e w i tn ^ er ' an( ^ tnev De cau ght in the act, 29 the man who lay with never her shall give to the girl's father fifty shekels of silver; moreover she shall be vorced his wife because he hath humbled her; he may not divorce her as long as he liveth. ■ § 8. Levirate Marriage, Dt. 25 510 Deuteronomic Codes The Dt. 25 5 If brothers dwell together, and one of them die without having ofTde- a son > th e wu?e °f th e deceased shall not be married to a man outside the clan; ceased h er husband's brother shall go in unto her, and make her his wife, and per- LTper- form the duty of a husband's brother to her. 6 The first son whom she ated by beareth shall succeed to the name of his brother who is dead, that his name { lis , may not become extinct in Israel. Proced- ?But ^ tne man doth not wis h to ta ^" e ms brother's wife, then she shall go ure if up to the elders at the city gate and say, My husband's brother refuseth to v^ving r perpetuate his brother's name in Israel; he will not perform the duty of a refused husband's brother to me. h 8 Then the elders of his city shall call him, and *? do speak to him; and if he stand, and say, I do not wish to take her, 9 then his duty brother's wife shall come to him in the presence of the elders, and loose his sandal from off his foot, and spit in his face; and she shall speak forth and say, Thus shall it be done to the man who will not build up his brother's house. 10 And his house shall be called in Israel, ' The house of him who hath his shoe loosed.' e Lev. 21 14 So Gk. The Heb. omits or. § 7 The prophetic lawgivers sought to guard against social immorality and the neglect of the marriage obligations by also imposing a definite marriage dowry and refusing divorce to the man who defied the laws of society. The amount fixed was fifty shekels in contrast to the thirty shekels usually paid for a slave. § 8 The aim of this law is to prevent the extinction of a family. Although recorded only in Dt., it is clearly an ancient institution, for it is assumed in the early Judean prophetic narra- tive of Gen. 38 8 ' '*■ 26 , and in the story of the marriage of Ruth and Boaz. The custom is not confined to the Hebrews, but is widely prevalent. The Hindu Laws of Manu enforce it in case the deceased leaves no issue of either sex. The same law is in force in Madagascar and among the Calchaquis of Brazil. The Hebrew version in Deuteronomy limits the law to cases where the deceased was living on the same estate with his brother and left no male heir. h Dt. 25 7 Cf. Ruth 4 1 . 56 AUTHORITY OF A 1 1 ISM AND [N. .80" § 9. Authority of a Husband over his Wife, Nu. 30*- 9 . «■" Supplemental Priestly Codes Nu. 30 fi If a woman be married while her vows are upon her, or the rash B utterance of her lips with which she hath hound herself, "and her husband ! hear of it, and say nothing to her on the daj thai he heareth of it, then her toan- vows shall be valid, and her pledges with which she hath hound herself shall tow be valid. 8 But if her husband express bis disapproval <>f her on the dav j'lj'i'/,'., that he heareth of it, then he rendereth her vow invalid, and the rash utter- ance of her lips, with which she hath hound herself; and Jehovah w ill forg her. 13 Every vow and every oath pledging some self-infliction' her husband may render valid or invalid. ''But if her husband say nothing to her for several days, then he hath rendered all her vows or all her pledges which rest upon her valid; he hath rendered them valid because he said nothing to her on the day that he heard of them. '"'But if he render them null and invalid, after he hath heard of thein, J he taketh her k iniquity upon himself. § 10. The Test of a Wife's Chastity and the Penalty for Unchastity, Dt. 22 13 " 21 Nu. 5-' 1 ' 13b> 3U *' Mb ' 3ub • 16 - l7, '•• '"• 22> *■■ 2f this evidence 1- aot necessarily 1 positive proof of unchastity. the crude law of the Qomad still accepts il a- a sufficient cause for divorce. Iln- law in In. 22' ' clearly reflects exceedingly primitive usage. Possibly still more primitive certainly more barbarous 1- the epical proposed 111 Nu. •"> to satisfy the jealous suspicions of a husband regarding Ins wife's chastity. The duplication 'if parallel ami yel distinctly variant phrases, thi <>f different points of view, ami in general the prolixity <>f the present law reveal the presence I tun originally distinct laws; one proposing a test by epical to determine whether the suspected wife >- guilty or innocent, the other outlining a method of punishing by ordeal a wife whose guilt is already established. The latter lav is given under} 70, which deals with adultery. 1 Ee law of jealous] was probably introduced in Nu. 6 i>\ one of the later priests. Similar rites were in vogue among many primitive peoples, e. (/.. the Hindus, of, T/n Lows of U for additional illustrations. hike all trials by or. leal, the injustice t<> the innocent 1- obvious. In the ca-c of the guilty the appeal to superstitious fear undoubtedly of ten revealed the culprit. Probeblj aid the sacred lot are ,, nl>- two of the many -miliar ntc< winch were m force among the early Hebrews. The Code of Hammurabi dealt with the problem much mora .-imply an. I humanely: § 131 If 11 mmi's wife hat In 1 n Hi-cits, ,i by her hutband, and has • .,iht li/my With another, she slmll twear her it ' return In her limise. Aii older custom, however, Btrikingl] similar to the Hebrew law in that it provides for trial by ordeal, 1- found in the same code § 182 // a mini's wife has the finger pointed «' her on account of another, but has nut 1 ■ caught lying with him, for htr husband's take tht shall plungt into tin ».j, r,d 1 57 Dt. 22 14 ] THE MARRIAGE RELATION Deuteronomic Codes charges, and give her an evil name and say, I married this woman, and when I came near to her, I did not find in her the evidences that she was a virgin, 15 then the father of the young woman and her mother shall take and bring evidences of the young woman's virginity to the elders of the city at the gate; 16 and the young woman's father shall say to the elders, I gave my daughter to this man as wife, and he turned against her; 17 and now see he hath framed shameful charges saying, 'I did not find in thy daughter the evidences that she was a virgin,' and yet these are the evidences of my daughter's virginity. Then they shall spread the garment before the elders of the city. 18 And the elders of that city shall take the man and punish him; 19 and they shall fine him a hundred shekels of silver, and give them to the young woman's father because the man hath given an evil name to a virgin of Israel ; and she shall be his wife; he may not divorce her as long as he liveth. Penalty 20 But if it prove to be true that the evidences that the young woman was \viie\s a virgin were not found, 21 then they shall bring out the young woman to the guilty (Joqp f her father's house, and the men of her city shall stone her to death because she hath committed a shameful act in Israel, in that she hath been a harlot in her father's house; thus shalt thou purge out the evil from thy midst. Supplemental Priestly Codes Trial Nil. 5 29 This is the law of jealousy : If a wife who is subject to her hus- ordeal band turn aside and is defiled, 13b and she remain undiscovered although she be defiled, 1 30a or if the spirit of jealousy seize a man and he be jealous of his wife, 14b even though she be not defiled, 30b then he shall set the woman before Jehovah and the priest shall execute upon her all this law : 16 the priest shall bring her near, and set her before Jehovah; 17 and the priest shall take holy water in an earthen vessel, and the priest shall take some of the dust that is on the floor of the dwelling and put it into the water. 19 Then the priest shall take oath of her, and shall say to the woman, If no man has lain with thee, and if thou hast not gone aside to uncleanness, while subject to thy husband, thou shalt be immune from this water of bitterness that causeth the curse. 20 But if thou hast gone aside, while subject to thy husband, and defiled thyself, and some man has lain with thee besides thy husband, 22 when this water that causeth the curse shall go into thy bowels, it shall cause thy body to swell, and thy thigh to fall away. And the woman shall say, So may it be ! So may it be ! 25 Then the priest shall take the cereal-offering of jealousy out of the woman's hand, and shall wave the cereal-offering before Jehovah, and bring it to the altar. m 26b Afterward he shall make the woman drink the water. 11 27a And when he hath made her drink the water, if she be defiled and hath been unfaithful to her husband, the water that 1 Nu. 5 13b Fragments of the original law of jealousy are found in 13 > 14 . These have been gathered up and repeated by the editor in 30 . On the basis of 13b > 14 > 30 the original can be restored as above. Cf. Carpenter and Harford-Battersby, Herat., II, 192. m Nu. 5 25 Possibly the last clause belongs to the duplicate narrative. ■ Nu. 5 26b This clause is omitted in the Gk. and Syr. 58 TEST OF A WIFE'S CHAS1 I I 5 [Ni Supplemental Priestly Codes causeth the curse shall enter into her and heroin,- bitter, and her body shall swell, and her thigh shall tall away. - s But if the woman have qoI defiled herself, hut he innocent, then she shall be free and shall bear offspring. § 11. Laws of Divorce Gen. 2"' - 3 M , Ex. '-'I 7 ", Dt .'.' Primitive ('<>,. make a helper suited to him. -'Then said the man. This, now, is hone of mv hone ; "" ! And flesh of my flesh. tityof This oik- shall he called woman. \\"' ir _ For from man was she taken. - 4 Therefore a man leaves father and mother and cleaves to his wife, SO that " they two become one flesh. Ex. 21 'If a man sell his daughter to he a slave, die shall not go free as ! do the male slaves. 8 If she does not please her master, who hath espoused her to himself, then he may let her he redeemed: he shall have n«. power to brew sell her to a foreign people, seeing he hath dealt deceitfully with her. '-'If he Sa£ espouse her to his son, he shall deal with her as with a daughter. "'If he "f? '" marry another wife, her food, her raiment, and her duty of marriage -hall master he not diminish. u If he do not these three thing- to ber, then -he ma out without having to pay any money. Deideronomic Codes Dt. 22 // a man shall charge his newly-wedded wife with unchastity ami c her innocence be established, l8 the elder- of that city -hall take the man and l\Z h * punish him; l9 and they shall line him a hundred shekel- of silver and give may them to the young woman's father because the man has given an evil name .'!"' to a virgin in Israel; and she shall he his wife; he maj not divorce her a- long " jr ''''' 1 as he lives. JS If a man findeth a young woman, who is a virgin hut i- not betrothed, and lay hands on her, and lie with her. and they he found, -'then the man who lay with her shall give to the young woman's lather fil't\ shekels of 5 11 rhe inferior position of the wife was an established canon in the ancient Semitic world. Shut -hr uas conceived •<< a- the possession of her busband, in- right of divorcing ber was taken for granted. Even the t lern Arab has only to lead In • « ife to the door of bis t,.,,t ami tell her to u<> and the marriage relation is severed. The Hebrew lawgivers sought, a- did Hammurabi, to interpose barriei in t I j • - way of hasty divorce. To this end they emphasised the sanctity of the marriage relation; and pro- tected the right i of the female slave who had been made her master's wife. Thej also required the husband to Formulate in writing tin- reasons for divorcing bis wife and to rive hei documenl No provision is made that she maj the charge is false or insuffi- cient; possibly this was left to her family or clan. The time and formalitj required to draw up a written charge would in itself be ■ powerful deterrent. The further provision that a di- vorced wife could not !><• taken back by her former husband also prevented ha-ts action. The Code of Hammurabi marks a -oil greater advance over the primil in regard to marriage. Cf, Appendix III. Ii even goes » fai as to provide that the husband must pay alimonj in case the divorced wife "as not unfaithful. Mori- surprising still, it i - (S 142) that, for sufficient cans,-, the wifeoould repudiate bar husband and take hi portion ami return to her father's home, 59 Process and limita- tions of di- vorce Dt.22 29 ] THE MARRIAGE RELATION Deuteronomic Codes silver, and she shall be his wife, because he hath humiliated her; he may not divorce her as long as he lives. 24 1 When a man taketh a wife, and marrieth her, if she find no favor in his eyes, because he hath found some indecency in her, he shall write her a bill of divorce, and deliver it into her hand, and send her out of his house. 2 And when she departeth out of his house, she may go and become another man's wife. 3 But if the second husband turn against her and write her a bill of divorce and deliver it into her hand, and send her out of his house, or if the second husband who took her to be his wife die, 4 her first husband who sent her away may not take her again to be his wife * after she is defiled; for that is an abomination before Jehovah, and thou shalt not involve in guilt the land which Jehovah thy God is about to give thee as an inheritance. Ill MASTERS AND HIRED SERVANTS § 12. Rights of Hired Servants, Dt. 24 14 . 15 , Lev. 19 13b , 25 6 . 22 10b D enter onom i c Codes Dt. 24 14 Thou shalt not oppress a hired servant who is poor and needy, whether he be one of thine own race, or of the resident aliens who are in thy land within thy town. 15 On the same a day shalt thou pay him his wages before the sun goeth down; for he is poor and setteth his heart upon it, and let him not cry against thee to Jehovah, and thou be guilty of a crime. Holiness Code Pay- Lev. 19 13b The wages of a hired servant shall not remain with thee wages° over night until the morning. Fair dealing with hired ser- vants ° Dt. 24 1 Lit., the nakedness of a thing. The reference is probably to indecent or immodest action. The exact meaning of the term was the subject of much discussion and difference of opinion among the Rabbis, cf. the Mishna tractat, Gittin. p 24 1 Lit., a writ of cutting off. q 24 4 The law seems to regard this second marriage as almost equivalent to adultery. It is closely connected with the teaching of Jesus in Mt. o 32 . § 12 The spirit of justice and consideration that characterizes the O.T. laws is here espe- cially prominent. The enactments aim simply to protect the rights of hired servants. This was necessary, since they were usually either poor or else foreigners, and therefore not possessed of the full rights of citizenship. In the later codes hired servants are always classed with aliens and excluded from the distinctively Israelitish religious privileges, indicating perhaps that at that time they were without exception foreigners. They were never adopted into the families of the Hebrews, as were the slaves, and therefore were not given the same rights. From Lev. 25 53 and Is. 21 16 it appears that hired servants frequently engaged their services for a year. Is. 16 14 makes the regular period three years — half that of a slave. From Dt. 24 14 - 15 and Job 14 5 ' 6 it is evident that the contract might be by the day or month. The significant point is that it was always for a stipulated period and that, for the time fixed, the obligations of the servant were probably very similar to those of a slave. » Dt. 24 15 Heb., this. b Dt. 24 15 Lit., it be sin in thee. The expression is peculiar to Dt. 60 RIGHTS OF BORED SERVANTS [Lei Holiru < ~l~> The sabbath of the land shall l>e for fond for youj for thee and for Privi- thy male and female slave, and for thy hired servant and for tin- settler who 1 ' t "~ resideth with thee. 22 l0b A hired servanl shall not cat i f that which Ls holy. ttuna IV SLAVES AM) M ASTERS § 13. Enslavement of Israelites and Resident Aliens, Lev. &>**• 40 »- **- 4,! 1 1 ol i hiss Code Lev. 25 ''If thy fellow countryman become poor and sell himself t<> < thee, thou shall not make him serve as a slave. " ,:i As a hired servant and , a- .1 -eltler shall he he to thee. ,:; Thoii shall not rule over him with harsh- ' ness, hut thou shall tear thy (rod. Supplemental Priestly Codes Lev. 'i~> "Any male or female slave, whom ye may have, ye shall buy l of the nations that are round aboul you. "'You may also buy them of the Wl',",^,; descendants of the settlers who reside among you, and of their families that He- are with you, that have been begotten in your land: ami they shall he your to be ' possession. '''Ye may also make them an inheritance for your children after you, to hold as a possession; ye may make them serve a- slaves forever; hut over your kinsmen the Israelites ye shall not rule with harshness one over another. I L4. Permanent Slavery, K.v 21». \ Dt. 1 .->'"• " Primitive Codes Ex. 'i l 'If a slave shall definitely say, I love my master, my wife, and The my children, I will not is<> free, 'then bis mazier shall bring him before „""'' , « Lev. 2'J""' /. r., parte "f the offerings winch the Heb, offeren end the priesta «itc allow p. I "'* Slaves and Masters. Tin- inatitution <>f slavery may l"' traced to tin- earlieel period "f Semitic history. Borne "f tl Idea) Babylonian tablets relate t.> the sale of slaves, the laws regulating tins ancient institution were most "f them established sges be for e the He) appeared on the horiaon "f history. Ii was one <>f 'In - chief corne r - s tones "f Bern I In general it represented not so much the oppres s ion as the protection <>f the wreak by the strong. It was 'In- chief refuge "f the poor, tin- weak and r t »<- unfortunate, for which antiquity otherwise made Little provision. Sinn- it «ras so oommon and apparent lj -" natural, little stigma attached t" it. I'll'' position and rights "f slaves in the ai were far superior § 13 While slavery probably arose from the custom "f taking captives in war. in later ..hi ,,f ten, i" have been the result "f poverty. It is assumed as :m i institution by tin- O.T. lawgivers; thej simply endeavored to ameliorate its harshness. The vers l»te pnestlj writers endeavored t" restrict ii entirely t" foreig ill. original Holiness Code, h o w eve r, appears t" have simply enjoined consideration in tin" treatment of Hebron slaves. } II Tin' mildness and comparative advantages "f the Hebrew institution "f slavery are vividly illustrated by these law- The ohoice "f liberty, however was not withou restrictions, f"r individual freedom meant the abandonment "f wife an>l children. Under *lii— strnnir pressure many Israelites undoubtedly preferred to assume the permanent hadgw "f slavery. Ii! Ex. 21 6 ] -LAVES AND :\L\STERS The later custom I.imit.-i tions of sale of fe- male Primitive Codes God," and shall lead him to the door, or the door-post, and his master shall bore through his ear with an awl; and the man shall be his slave as long as he liveth. / I i odes Dt. 15 l6 If a slave says to thee. I will not go out from thee, because he loveth thee and thy household, and because he is contented with thee, 1( then thou shaft take an awl and thrust it through his ear into the door, and he shall be thv slave forever. Thou shalt also do the same in the case of thy female slave. _ 15. Sale of Slaves, Ex. 21 7 < s Primitive Codes Ex. 21 "If a man sell his daughter to be a slave, she shall not go free as do the male slaves. 8 If she does not please her master, who hath espoused her to himself, he may let her be redeemed: only he shall have no power to slaves sell her to a foreign people, seeing he hath dealt deceitfully with her. 16. Manumission of Israelitish Slaves, Ex. 2P«- ™- -■, Dt. lo'--^ 1S , Lev. 25'° Primitive Codes Release after Ex. 21 2 If a man b buy a Hebrew slave, he shall serve six years, but in the seventh vear he shall go free without having to pay any ransom. 3 If years — — to tho*e in Rome or in modern times. In Babylonia, as in Israel, slaves were carefully guarded by law and common interests, so that their lot was very similar to that of trusted family servants to-dav In the East obedience to authority has always been emphasized more than the idea of personal libertv. The individual attained his true glory not by standing alone, but as an in- tegral part of an" illustrious family or tribe or nation. Each in turn recognized his responsi- bility to the whole, and. therefore, cruel masters and disloyal slaves appear to have been com- paratively rare. Faithful slaves enjoyed most of the privileges shown the children of the household, and often intermarried into the family. They were also sometimes made the heirs of childless masters, cf. Gen. 15 2 . . ■; 1'robablv to the family gods or penates placed in early times beside the door. ('•" I x 12 7 , and for a survival of the institution, Is. .57 J . The parallel in Dt. omits the reference to the household god, but preserves the same primitive ritual. It probably symbolized the initiation of the slave into the worship of the household god. and, therefore, his complete af ''""''iST 1 - the year of jubilee, note § 113. tnui ' Dt. 1 • V I. it., surround with a necklace, i. c. load him down with tree an - v d Dt. 15 H In this deeply philanthropic law the older regulations of Ex. lm ' regarding the ,1Ine children and wife acquired by the slave in servitude are ign or ed. * Dt. IV' /. , .. if a hired laborer had been engaged in bis stead the expense would have been double the cost of the slave. § 17 This law reflects the impoverished and pitiable condition of the Jews which resulted from the Babylonian exile. Nehemiab found in his day thai man] bad been sold as >la-. < foreigners, and he states that he and ln> followers, according t.i their means, had redeemed their fellow Jews who had been enslaved. This law. with the exception of " ' ■". which Was original to the Holiness ("ode. probably comes from the eeneral period of Nehenuah or soon after. It provides f nr the redemption of .lews from foreign masters, whenever the slave or his kinsmen could provide the necessary means. Naturally it could be enforced only within the jurisdiction of the Judean community in Palestine. It also emphasised the responsibility of procuring the liberation of an enslaved .lew whenever that was possible. Babylonian usage sueircsted the principles underlying this late regulation. Cases are on record of Babylonian .slaves buying their own freedom. A member of a noble family who 63 Lev. 2.5 47 ] SLAVES AND MASTERS Supplemented Priestly Codes foreigner or alien residing with thee, or to a descendant of the foreigner's family, 48 he may be redeemed after he has sold himself; one of his kinsmen may redeem him; 49 or his uncle, or his uncle's son may redeem him; or one of his near family kinsmen may redeem him; or, if he become rich, he may redeem himself. 50 And he shall reckon with his purchaser from the year that he sold himself to him to the year of the next jubilee; and the price of his release shall be according to the number of years of service on the same terms as a hired servant shall he be with him. 51 If there are yet many years, in proportion to them shall he give back the price of his redemption out of the money for which he was bought. 52 And if there remain but a few years until the year of jubilee, then he shall reckon with him; according to the vears of service still remaining shall he pay back the price of his redemp- tion^ To be 53 As a servant hired by the year shall he be with him; thou shalt not look kind'lv' on quietly while he rules him harshly. 54 And if he be not redeemed in any and re- f these ways, then he shall go free at the year of jubilee together with his in a the children. 55 For to me the Israelites are servants; they are my servants jubilee whom I brought out of the land of Egypt : I am Jehovah your God. § 18. Reception of Fugitive Slaves, Dt. 23 15 . 16 Dcuteronomic Codes Protec- Dt. 23 15 Thou shalt not deliver to his master a slave who has fled from and his master to thee. 16 He shall dwell with thee in thy land, in the place C PP- which he shall choose within one of thy towns, where it pleaseth him best, tion without your oppressing him. through some accident had been enslaved, could at any time be redeemed by that family and the master could not prevent it. In Persian times a member of the conquering race could not be legally enslaved. Cf. Johns' Babylonian and Assyrian Laws, Contracts and Letters, pp. 175, 176. 1 Lev. 25 52 /. e., he shall multiply the price paid by the number of years yet remaining until the year of jubilee and divide it by the total number of years from the time of his enslavement to the next year of jubilee. § 18 This law was probably retained and emphasized by the prophetic lawgivers because, making it possible for slaves to escape from cruel masters, it tended to relieve their Jot. In its origin it probably goes back to the nomadic period, when one tribe eagerly welcomed fugitives from a hostile tribe. It may also reflect the readiness of the Hebrews in later days to receive foreign additions to their ranks, since numbers were vitally necessary to their supremacy in the close competition which was always waged for the limited territory of Palestine. The flight of Shimei's slaves to Achish king of Gath, I Kgs. 2 39 , illustrates what was probably a common practice. Among the Hebrews themselves the enforcement of this law must have been beset with many complications. It is also counter to the laws of Hammurabi which are very explicit and strict on this point: § 16 If a man has harbored in his house a male or female slave from a patrician' s or ple- beian's house, and has not caused the fugitive to leave on the demand of the officer of the slaves condemned to public forced labor, that householder shall be put to death. § 17 If a man has caught either a male or female runaway slave in the open field and has brought him back to his owner, the owner of the slave shall give him two shekels of silver. § 18. // such a slave will not name his owner, his captor shall bring him to the palace, where he shall be examined as to his past and returned to his owner. § 19. // the captor has secreted that slave in his house and afterward that slave has been caught in his possession, he shall be put to death. § 20. // the slave has fled from the hands of his captor, the latter shall swear to the owner of the slave and he shall be free from blame. The wide variations illustrate the very different estimates placed on the value of property and the diverse points of view of the two legal systems. 64 injury PENALTY FOR INJURY TO SI w l 3 [Ex. 5 1!>. Penalty for Injury Done to Slaves, Ex. ,'l-' > 21 - J «. " Primitive ( 'odea Kx. 'i 1 -"It" a man strike lu> male <>r female slave with a stick so thai he Fatal die at once, the master must 1><- punished. -''If. however, the slave 1 survive £j uiy a day or two the master shall n<>t be punished, for it is his own 1"--. \nd if a man strike his male <>r female slave in the eye so as to destroy i it. be shall lei him go tree for his eye's sake. -'"Ami if he knock oui a tooth of his male <>r female Blave, he shall let him go tree for his tooth's sake. Jj 20. Reparation for Injury Done to Slaves, Ex. .'1 Primitive ( 'odea Ex. 21 -If an <>\ gore a male or female slave, then thirty shekel-, of Injury silver shall be given to their master, and the ox shall be stoned. § 21. Religious Privileges of Slaves, l)t. l£". ls , It; », Ex. I .' " Deideronomic ( 'odea I)t. 12 ''Thou maysl not eat within thine own gates the tithe of thy I ■ grain or thy new wine, or thine oil, or the firstlings from thy herd <>r thy > t \" r " flock, nor any of thy vows which thou vowest, nor thy voluntary offerings, nor anything which thou presentest as a gift ; is lmt thou shall eal them l>. fore Jehovah thy God in the place which Jehovah thy God shall choose, together ] with thy son and thy daughter, and thy male and female slaves, and the Levite who is within thy city; and thou shall rejoice before Jehovah thy God over all that thou hast acquired. 16 "'Thou shall keep the feast of weeks to Jehovah thy God aCCOrdil . to tin- measure of the voluntary offerings which thy hand shall present, proportion a- Jehovah thy God hath blessed thee. "J'hoii ami thy SOU* and thy daughter, thy male and female slaves, and the I. .vile who dwelletfa in thy town, and the resident alien, the fatherless ami the widow who live with thee, shall rejoice before Jehovah in the place where Jehovah thv God shall choose to have his Dame dwell. Priestly Codea I \- I - I bis is the regulation regarding the passover: M Each in man's slave, who is bought for money, after thou hast circumcised him , p*** shall partake of the passover meal. $ 18 mark :i diatinot advance "\.r current Bemitio uaage. rbeCode >>f Ham- murabi simply protects the right* of maaten and says nothing about the rights of - Although under the lid., laws the injury t" a slave «a~ not punished free man or woman, it ia axe lingly significant that it was punished at all. The diatim in the penal t j - further iUuatrated bj the law of Le\ 18 d J 71), which provides that illicit intercourse with a betrothed female slave shall In- punished, but not bj the I Free men and ^ • imen. • Ex. 21" Supplying it-< implied subjecta. In the original only the personal pronouns arc ii |20 The Code of Hammurabi further enacte thai I the surgeon must give another slave t<> the master, | 218. §21 Sin. .re regarded a- regular ami permanent members "f an family, they were aooorded full religioua privileges, whether aliens or n I irth. 65 Ex. 22 2 ALIENS ALIENS Justice and protec- tion Public con- demna- tion of injus- tice Not to hold perma- nently nor op- press a He- brew slave § 22. Rights and Duties of Resident Aliens, Ex. -2-2 :i [-23 9 ], Dt. 24 11 . a . 18 5 l 16 , -ZV, Lev. -2o 4T . 4 ^. 53 , 19 33 - 3 *, 24 2: , Nu. I5 n - 30 , 3o 15 , 15 14 " 18 , 9 1 * Primitive Codes Ex. 22 21 Thou shalt not wrong nor oppress a resident alien; for ye were resident aliens in the land of Egypt. Deuteronomic Codes Dt. 24 14 Thou shalt not oppress a hired servant who is poor and needy, whether he be one of thy fellow countrymen or one of thy resident aliens who are in thy land within thy gates. 1( Thou shalt not pervert the justice due to the resident alien, or to the fatherless, nor take the widow's garment in pledge: ls but thou shalt remember that thou wast a slave in Egypt and that Jehovah thy God redeemed thee from there. Therefore I command thee to do this thing. 1 16 And I charged your judges at that time, saying, Hear the cases between your fellow countrymen, and judge righteously between a man and his fellow countryman and the alien who resideth with him. 2 7 u 'Cursed be the one who perverteth the justice due the resident alien, fatherless, and widow. And all the people shall say, So may it be ! Holiness Code Lev. 25 4 Tf an alien or the one living with thee become rich and thy fellow countryman become poor beside bun, and gel] himself to the alien or the one living with thee, or to a descendant of the alien's family, 4Sa he may after he is sold be redeemed: one of his kinsmen may redeem him. a o3 As a hired servant year by year shall he remain with him; thou shalt not look on quietly while the resident alien rules him harshly. b Aliens. — True to their early nomadic instincts, the Israelites were generous in their treat- ment of aliens who came to seek their protection and hospitality. They distinguished sharply, however, between a foreigner (ben nekhar), one who retained his allegiance to his own tribe or nation, the protection of which he therefore continued to enjoy, and the resident alien (ger) who had taken up his permanent abode in and placed himself under the protection of an Israel- itish tribe. Their attitude toward aliens also underwent great transformations in succeeding ages under the influence of the stirring political experiences through which they passed. _- The resident alien figures prominently in Israelitish legislation. Usually he was one who had been attracted by the tribe of his adoption either through intermarriage or trade, or to escape debt at home or the consequences of a crime, or simply impelled by a desire to better his condition. The Hebrews were always ready to welcome such, for it tended to in- crease their numbers and strength in warring Palestine where peace was won only by constant warfare. Naturally the resident alien came without wealth or family support. Accordingly he was treated as a ward of the community and each succeeding code grants him greater rights and privileges. The Deuteronomic codes seek to insure to him not only justice but kindness, love and practical charity. In the Holiness and priestly codes, he is granted religious rites equal to those of the native Israelites, provided he submits to the rite of circumcision. With these comes equal responsibility in keeping Israel's law. Through this wide open door in later foreign proselytes passed the high wall of separation and became identified with the Jewish community. a Lev. 25* 8 "Vs. M appears to have been the original sequel of i7 . Vss. ■»■ ll are later addition?. b Lev. 2d 53 Lit., rule harshly over him in thy sight. 66 RIGHTS OF RESIDENT ALIENS [Lev. 10 33 Holiness Code 19 33 If an alien make his home with you in your land, ye shall do him Equal do wrong. :54:i The alien who makes his home with you shall be to you as w f,h' s the native horn among you. 24 - 2 Ye shall have the Bame law for the resident alien as for the native born: for I am Jehovah your God. Priestly Codes Nil. 15 -"-'Ye shall have the same law for him who doeth anything unin- Reei- tentionally, for him who is native horn among the Israelites, and for the l 1 '[|" r , 1 .. alien who makes his home among them. ;i(, But whoever doeth anything defiantly, '' whether he be native born or a resident alien, the same revileth laws Jehovah; thai one shall be cut off from among his people/ 1 35 15 For ;' the [sraelites and for the foreigner and for the alien residing amom; them, larael- there shall be six cities as a place of refuge; that every one who killeth any person unintentionally may flee to them. 15 14 If an alien reside among you, or if any one else be among you through- i out your generations, and wish to present an offering made by fire of an odor pleasing to Jehovah, as ye do, so shall he do. "*There shall be but one statute for the assembly, 6 both for you and for the alien who resideth among cus- you, f a statute forever throughout your generations; ye and the resident alien '"'"' s shall both be alike before Jehovah. "'There shall be one law ami one regu- lation for you, and for the alien who resideth among you. 9 14 K an alien reside among you, and wishetb to keep the passover to \u, Jehovah, according to the regulations governing the passover, and according J—,, to its ordinance, shall he do; ye shall have one statute, both for the resident alien, and lor him who is native born. tions § 28. Limitations and Rights of Foreigners, Dt. 15 3 », l 23 M «, H 21 »- c , Ex. W 3 Deuteronomic ( 'odes l)t. I ."> •■ •'( )f a foreigner thou mayest exact fa loan even during the i seventh year of release]. 'i'-> ^■To a foreigner thou mayest lend upon a ° alf 8 interest; but not to a fellow countryman. Vi'l" s . i I j 21 ' ' y,. shall not eat of anything that dieth of itself , but thou mayesl toeat sell it to a foreigner. f 1 " Priestly Codes Ex. t 2 ' : And Jehovah said to Moses and Aaron, This is the ordinance I \- of the passover: no foreigner shall eat of it. from p high hand. Y y '[_ r i >.. placed under the ban, deprived "f the privilege! "f ili«' olao and driven from the tril r community. \n. l .". ' ■ For tin ataembly is missing in the Syr. and Lat., and may be :i gloss <>r dui phj . ■ g i/. in, found in < ;k.. mil iii I teb. The Heb. word commonly used to designate an unnaturaliaed furfietirr "fm tit., stranger, and was applied to gods, men and lands. Ii included :ill nol identified by birth or choice or possession with Israel. Unlike the resident alien, the foreigner had no rights in the land I com the daj ot Mo ■ everyone and everything foreign was viewed askance, bitter experiences of the Babylonian exile deepened the feeling of hatred, 67 Ex.23 4 ] RIGHTS OF PROPERTY B Rights of Property § 24. Restoration of Lost Property, Ex. 23 4 - s , Dt. 22 1 -' Primitive Codes Prop- Ex. 23 4 If thou meet thine enemy's ox or ass going astray, thou shalt evir. of surely bring it back to him again. 5 If thou see the ass of him who hateth enemy fa ee lying prostrate under its burden, thou shalt in no case g leave it in its pro- plight; rather thou shalt, together with him, help it out. h tec ted Deuteronomic Codes Later Dt. 22 J Thou shalt not see thy fellow Israelite's ox or his sheep going of the astray, and withhold thy help 1 from them; thou shalt surely bring them again above to thy brother. 2 And if thy fellow Israelite do not live near thee, or if thou do not know him, then thou shalt bring it home to thine house, and it shall be with thee until thy fellow Israelite seek after it; then thou shalt restore it to him again. 3 Thus shalt thou do with his ass, and with his garment, and with every lost thing which belongeth to thy fellow Israelite, which he hath lost and thou hast found; thou mayst not withhold thy help. 4 Thou shalt not see thy fellow Israelite's ass or his ox fallen down by the way and withhold thy help from them; thou shalt surely help him to lift them up again. § 25. Reparation for Damage or Loss of Property, Ex. 21 2836 , 22 715 , Lev. 24 18 - 21a , 6 1 - 5 Primitive Codes Dam- Ex. 21 33 If a man open a cistern, or if a man dig a cistern but doth not suiting cover it, and an ox or an ass fall into it, 34 the owner of the cistern shall make from it good; he shall give money to the owners and the carcass shall be his. care- 2 2 5 If a man burn over a field or vineyard and let the fireJ spread so that it one s care- less- Rights of Property. — In the light of the later commercial habits of the Hebrews, it. is interesting to note that their laws have comparatively little to say about property and property rights: only a few simple directions, evidently coming from the early nomadic period, survive. They probably sufficed, however, to guide judges in the more complicated cases that later arose. The Deuteronomic lawgivers were primarily interested in maintaining the rights of the needy and oppressed, while the authors of the priestly law were chiefly concerned with the development of the ritual, so that the reason for their silence is evident. Life and worship, not things, interested them. , § 24 The high ethical note struck in the primitive codes, which enjoin kindness to an enemy, is astonishing (cf. § 115), especially as the Deuteronomic codes substitute, fellow Israelite. The reason for the substitution is probably to make the law applicable to all cases. b Ex. 23 5 Restoring the corrupt Heb. with the aid of Gk. and Luc, which have retained the negative. h Ex. 23 5 Following a reconstructed text suggested by the Gk. and Luc. and supported by the context. ■ Dt. 22 1 Lit., hide thyself. § 25 The corresponding principles operative in the Bab. system are illustrated by the laws of Hammurabi found in Appendix IV. In general the penalties are much more severe in the Babylonian code. ' 22 5 At an early period the text of this verse was misunderstood and is generally mis- interpreted. The current interpretation makes a domestic animal, instead of fire, that which destroys the vineyard. Slightly correcting the text the above reading is secured — a reading which is consonant with the context and especially 6 . 68 REPARATION FOR DAMAGE TO PROPERTY [Ex. 22 5 Pri in Hi ve Codes devoureth a neighbor's field, oui of the besl of his own field, and the best of his own vineyard, shall he make restitution. ''If fire break oui and catch in thorns so that the shocks of grain, or the Btanding grain, or the field are consumed, he thai kindled the fire must make restitution. 21 - s it' an o\ fatally gore a man or a woman, the ox shall he stoned, and Fatal its flesh shall not be eaten, but the owner of the ox shall be acquitted. 11 miiict- 29 But if the ox was already in the habit of goring, and it hath been re- e<1 h Y a ported to its owner, and he hath not kept it in, with the result thai it hath ox killed a man or a woman, the ox shall be stoned, and its owner shall also be put to death. 30 lf a ransom is fixed for him, he shall give for the redemp- tion of his life whatever amount is determined. ''Whether the ox hath gored a boy or a girl, this law shall be executed. 32 If the ox gore a male or female slave, thirty silver shekels shall be given Injury to their master, and the ox shall be stoned. 'j.'^, 35 If one man's ox hurt another's SO that it dieth, then they shall sell the I'uury live ox, and divide the money received from it; they shall also divide the ox by carcass between them. 30 Or if it be known that the ox was already in the a "" ,l "' r habit of goring, and its owner hath not kept it in, he must pay o\ tor ox, and the carcass shall belong to him. 22 14 If a man borrow an animal from his neighbor, and it be hurt or die Injury while its owner is not with it, the man must make restitution. 1 '"'If its J,',',.;.','/ owner be with it, the man need not make it good; being a hired animal, it animal came for its hire. 'If a man deliver to his neighbor money or pergonal property to keep, and I f it be stolen out of the man's lions,., if the thief lie found, he shall make double ™°^[ restitution." 1 8 If the thief be not found, then the master of the house shall -"" :i1 come before God" to prove whether or not he hath taken" his neighbor's goods, titty — ' held in 1 Ex 21 28 Hammurabi's law, S 250. reads: // a imil has gone »,,,!. (f), /, , .,/,,/// restore ox fur in, to the mi in r of the. ox. § 247 If a man hat hired an ox, ami knocked ">tt U» eye, he ihaU pay to the owner of the ox lial i § 248 // a mail lias hired an ax, ami has broken its hum. cut of] its lad. or torn its niuzcte, he shall /mi/ one-quarter of its price. § 249 // " '""" hat hired an ox, ami Cod has struck it. and it has died, the man that ' the OX shall male affidavit ami ls he was carrying, the agent shall specify the amount ,,n oath ami shall be acquitted. " Ex l'l''" do t<. one of t In- sanctuaries or consult a prirst thai li<- maj determine through il,.- aaored oracle whether In- is guilty or not. The analogy in the Code of Hammurabi luminal ing: 108 If "" a,/nit has taken money of a merchant, and his principal suspects him. that principal shall prosicut, his agent, put him on oath hi fore the tldirs, as to the no tin agent shall pay to the mt rchant ilm, fold what he misappropriated. ° Ex. 22* Lit.. put hit hand to. The analogies to th.. Code of Hammurabi .'in. especially close: § 120 If a man has deposited his corn for safe keeping in another' s houss and it has sufi damage in the granary, or if the owner of the house has opened the vtor, and I am 69 Ex. 22 10 ] RIGHTS OF PROPERTY Primitive Codes Loss of 10 If a man deliver to his neighbor an ass, or an ox, or a sheep, or any heldiil beast, to keep, and it die or be hurt or be driven away without any one's trust having seen it, n an oath sworn by Jehovah shall be between both of them to decide whether or not the one hath taken his neighbor's property; the owner must accept it, and the other need not make restitution. 12 If it be stolen from him, he shall make restitution to its owner. 13 If the animal be torn in pieces, let him bring it as evidence; he need not make good that which was torn. Proced- 9 In every case of breach of trust whether it concern ox, or ass, or sheep, breach or clothing, or any kind of lost thing of which one saith, This is it, the case of trust f both parties shall come before God; he whom God shall condemn shall make double restitution to his neighbor. Holiness Code Injury Lev. 24 18 He that smiteth a beast so that it dieth shall make it good, animal life for life - 21a And he that killeth a beast shall make it good. Priestly Codes General Lev. 6 1 Jehovah spoke thus to Moses, p 2 If anyone sin and break faith rarcHnE w ith Jehovah, by deceiving his neighbor in regard to a deposit, or a pledge, breach or bv robbing: or defrauding: his neighbor,^ 3 or if he have found something of trust i/o ct jd ... . or fraud which was lost, and deny it and perjure himself, if by doing any one of these things a man hath sinned and so is guilty, 4 he shall restore that which he took by robbery, or the thing which he obtained by fraud, or the deposit which was entrusted to him, or the lost thing which he found, 5 or anything about which he swore falsely; he shall restore it in full and shall add to it a fifth more; he shall give it to its rightful owner on the day that he is found guilty. § 26. Theory of the Ownership of Land, Lev. 25 23 Stifplemental Priestly Codes All land Lev. 25 23 The land shall not be sold in perpetuity; for the land is mine, trust 111 an d ye are resident aliens and settlers with me. for Jeho- va k or has disputed the amount of the corn that was stored in his house, the owner of the corn shall declare on oath the amount of his corn, and the owner of the house shall return him double. § 124 // a man has given on deposit to another, before witnesses, gold, silver, or any goods whatever, and his claim has been contested, he shall prosecute that man, and [the man] shall return double what he disputed. § 125 // a man has given anything whatever on deposit, and, where he has made /us deposit, something of his has been lost, together with something belonging to the owner of the house, either by house-breaking or a rebellion, the owner of the house who is in default shall make good all that has been given him on deposit, which he has lost, and shall return it to the owner of the goods. The owner of the house shall look after what he has lost and recover it from the thief. § 126 If a man has said that something of his is lost, which is not lost, or has alleged a depreciation, though nothing of his is lost, he shall estimate the depreciation on oath, and what- ever he has claimed he shall return double. p Lev. 6 1 - 5 Heb. 5 20 -' 4 . i Lev. 6'-' Intentionally or unintentionally. § 2G The theory of the ownership of the land comes from the very late priests and is akin to the idea, expressed in the some context 65 , that the Israelites are Jehovah's slaves. 70 CONVEYANCE OF SEAL PROPERTY [Lev. *&* Conveyance of Real Property, I- ■ **• u Supplemental Priestly Codes Lev. \J."> l6 According to the aumbei <»f the years ;iI*if years be small, -. thou shall reduce its price, for it is the number of the crops that he BeOetfa in thee. 'Hut the fields in the pasture land of the cities belonging to the Levites n may not be sold, for it is their perpetual possession. pasture hiii'l i. Redemption of Hereditary Land, Lev. 95 ' r ? »- M Supplemental Priestly Codes l-*'\. 'i.'t -'In all the land uf our possession ye shall allow the land to !><■ uietit redeemed. -'If thy fellow countryman become |i"or and Bell Borne of I ii- ',)'.„ ,",',"," possession, liis kinsman who is nearest t<> him shall come and redeem that which his brother hath sold. 'Am! if a man have no one to redeem it, and he become rich and Bi sufficient to redeem it, -'then let him count the years since its sale and refund ",'', rJ- the value of the remainder [until the year of jubflee] to the man to whom ''''•• , " ,l he Bold it: thus he may return to his possession. 'If a man sell a dwelling house in a walled city, he shall have the right Ri of redeeming it lor a whole year after it has been sold: for a year he shall tionof retain the righl of redemption. ; "Then if it is not redeemed within a year, (he house thai is in the walled city shall lie assured in | iet|iet nil v to him trailed who bought it, to him and his descendants; it shall not he released in the 1 ' year of jubilee. :l Hut the houses of the villages which have no walls around thelll. shall lie reckoned as belonging to the fields of the colilltn ", the light of redemption shall he retained for them and they shall be released in the year of jubflee. :f -'Hut in the case of the houses in the cities which belong to the Levites, the Levites shall have the perpetual right of redemption. 5 -T ii like tin- preceding, appear* to be :i late prieaUy supplement (<• the older law cf the sabbatical year. <'f. i{ ["here i- r videnoe that, in tin- long period preceding Nehemiah, the law "f the year "f jubilee, which provided that all land should n •ni-r-. mu known: and the proof that it was not in Force i- r.inclt. ■ enactment providM that all land shall be told at a price, proportionate t" the number of crops that can be raised on it before it must revert to its ciriirinal owner. $ 28 Tin' law in i'K a very old one and provide! that in tl hereditary land the nearest kinsman -hall have the lir-i right "f buying it, oontaina an account "(<"inr land thus purchased bj the prophet Jeremiah fr.>m hi* kinsman. The story '>f Naboth's vineyard, I K m carefully the hereditary rights uarded. The later supplemental la* reviving a primitivi thai lied at any tunc. 71 Lev. 25 13 ] RIGHTS OF PROPERTY §29. Reversion of the Hereditary Land, Lev. 25 i3 - ™ b - ™ b - 33 [Nu. 36 3 ' a ] Supplemental Priestly Codes ah Lev. 25 13 In the year of jubilee ye shall return each to his possession. and 28b At the jubilee [a poor man's land] shall be released and he shall return houses t his possession. 31b [Houses in villages without a wall] shall also be released walled at the jubilee. 33 If one of the Levites doth not r redeem [his hereditary to"e- S possession] the house that was sold in the city of their possession shall be y ert released at the year of jubilee; for the houses in the cities of the Levites are jubilee their possession among the Israelites. IV RIGHTS OF INHERITANCE §30. The Law of Primogeniture, Dt. 21 ,517 , 25 s - « Deuteronomic Codes Double Dt. 21 15 If a man have two wives, the one beloved and the other hated, o^ef- and both the one who is beloved and the one who is hated have born him destson children, and if the first-born son belong to her who is hated, 16 on the day able that he causeth his sons to inherit that which he hath, he shall not be allowed to give the right of the first-born to the son of the beloved wife to the exclu- sion of the eldest, the son of the one who is hated; 17 but he shall acknowledge the first-born, the son of the one who is hated, by giving him a double portion a of all that he hath, for he is the first product of his strength ; the right of the first-born is his. Incase 25 5 If brothers live together, and one of them die, and have no son, Levi- the wife of the deceased shall not be married to a man outside the clan; her rate husband's brother shall go in to her, and make her his wife, and perform riage the duty of a husband's brother to her. 6 Then the first son whom she bears shall succeed to b the name of the deceased brother, that his name may not become extinct in Israel. § 29 The late priestly point of view is manifest in this law; it aimed to overthrow the prevailing usage, which insured a permanent title to a purchaser. The genesis of the late regulation and its connection with the condition of the returning exiles will be discussed in § 113. Nu. 36 3 ' 4 contain the only other allusion in the Pentateuch to the year of jubilee, cf. § 32. r Lev. 25 33 The negative has been lost in the Heb. but is restored in the Lat., as the con- text demands. Rights of Inheritance. — Customary usage had so established the rights of inheritance among the Israelites that detailed enactments were unnecessary. In the earlier times the property passed to the male heirs, and upon them devolved the obligation to support the mother and the unmarried sisters. If there were no sons, the father's brothers assumed the duties of parents and inherited the property of the deceased. The present laws simply deal with exceptional cases. § 30 This law was disregarded by David who appointed Solomon as his successor, even though he was not his oldest son, I Kgs. I 11 " 13 . For the Bab. usage cf. Appendix V. a Dt. 21 17 Lit., mouth of two. b Dt. 25 6 Lit., stand upon. c Dt. 25 6 Lit., be blotted out. 72 RIGHTS OF DAUGHTERS TO INHERIT [Nu. 27 1 §31. Rights of Daughters to Inherit, Nil -!? 1 " Supplemental Priestly Codes Xu. 2 7 'There came Dear the daughters of Zelophehad, the son of Hepher, The the son of Gilead, the bod of Machir, the sod of Manasseh, of the families tionai of Manaeseh" the son of Joseph; and these are the Dames of his daughter-: ■ '"' Mahlah, Noah, Hoglah, Mileah. and Tirzah. -And they stood before Moses and before Klea/.ar the priest, and before the princes and all the congregation, at the door of the tent of meeting, saying, < )nr father died in the wilderness, and he did not belong to those who coDspired against Jehovah in the company of Korah; hut he died in consequence of his own sin: and he had no sons. 4 \Yhy should our father's name disappear' 1 from among his family because he had no son? Give us therefore an hereditary p"s- session among our father's kinsmen. 5 So Moses laid their ease before Jehovah. °Then Jehovah spoke thus to Moses, "What the daughters of Zelophehad Failing say is right, thou shalt surely give them an hereditary possessioD among nheri- their father's kinsmen, and thou -halt transfer to them their father's inheri- ' : .""'.'' M tance. ^Moreover thou shall speak thus to the Israelites, If a man die and pass to have no son then ye shall transfer his inheritance to his daughter. ''And it. . he have no daughter, then ye shall give his inheritance to his brothers. '"And ""'" if he have DO brothers, then ye shall give his inheritance to his father^ brothers. "And if his father have no brothers then he shall give his inheri tance to the nearest kinsman in his family, that he may possess it." This shall be an established ordinance 1 for the Israelites, as Jehovah commanded Moses. § 32. Heiress to Marry within her Own Tribe, Nu. .'{(J 113 Supplemental Priestly Codes Nil. :{(> 'The heads of the father's houses of the family 8 of the sons of I Gilead, the BOD of Machir, the son of Maiiasseh, of the families of the BODS tionai of Joseph, came near ami spoke before Moses 1, and before the princes, tin heads of the father's houses of the Israelites; -'and they said. .leho\ah coin manded my lord to give the laud by lot as an inheritance to the Israelites; and my lord was commanded by Jehovah to give the inheritance of Zelophe- $31 Ii was only in the latest period "f O.T. history thai daughter* were recognised as IpkuI heirs, of, (30, I in- present ti i lition, which attributes 'l ngin "f the institution to Moses, is clearly one of the latest parts of the « • T . and is cited t" give authority to this radical inn just departure from long established usage. In the Code of Hammurabi definite i ■ion u.-i^ made for inheritance bj daughters. Cf. VppendixV. In Job 12' daughters are a equal rights with sons. The account of t tie carrying out of the traditional precedent in Nu. 271-11 - a r( .,.,, r ,|,.,| m the late priestlj section of Jo a 1 7 - . from which n is clear thai the daugh- ters were originally inl.es. ■' Nu. '_'7' a; the familiet <>/ Manataeh, is probably secondary. Nu. 27' Lit., bt taken away, withdrawn, ' Nu. 27" Lit . ttatute of an ordinance. §32 This traditional precedent 1- a supplement of the preceding. It-* obji dec it impossible for ancestral propertj to pass From a clan. * Nu. 36 1 I' is possible thai f'>r family we should here read fain '■ Nu. :'.ii' ilk. adds, and, befort Eleatar the high pi 7S Nu. 36 2 ] MARRIAGE OF AN HEIRESS Supplemental Priestly Codes had our brother to his daughters. 3 If now they marry any of the sons of the other tribes of the Israelites, then their inheritance will be withdrawn from the inheritance of our fathers and will be added to the inheritance of the tribes to which their husbands belong; thus something will be taken away from the lot of our inheritance. 4 When the jubilee of the Israelites shall come, then their inheritance will be added to the inheritance of the tribe to which their husbands belong; thus their inheritance will be with- drawn from the inheritance of the tribe of our fathers. 1 Ruling 5 Then Moses gave this command to the Israelites in accord with the word male fe ~ °f Jehovah: The tribe of the sons of Joseph have spoken right. 6 This is he'rs the thing which Jehovah doth command concerning the daughters of Zelophe- not had, They may marry whom they think best; only they shall intermarry in prop^ te the family of their father's tribe, 7 so that no inheritance of the Israelites ^ rt > r shall pass from one tribe to another tribe; for the Israelites shall retain each their the inheritance of the tribe of his fathers. 8 Every daughter who cometh into possession of an inheritance of any tribe of the Israelites, shall become the wife of one of the family of her father's tribe, that the Israelites may possess each the inheritance of his father, 9 and that no inheritance may pass from one tribe to another; for the tribes of the Israelites shall cleave each to his own inheritance. The 10 Even as Jehovah commanded Moses, so did the daughters of Zelophehad; ti,ma"i llfor Mahlah, Tirzah, Hoglah, Milcah, and Noah, the daughters of Zeloph- prece- e had, were married to their father's cousins. 12 They were married into the families of the sons of Manasseh the son of Joseph; and so their inheri- tance remained in the tribe of their father's family. ' Nu. 36 4 This was probably added by a scribe who had in mind Lev. 25 13-18 . clan 74 CONSTITUTIONAL LAWS CONSTITUTIONAL LAWS Political < Irganiz ltion §33. Qualifications for Citizenship, Dt. 28 M Deuteronomic ( 'odes Dt. S3 'No one who is wounded in the stones or hath hia privy member Ea- cut off may enter into the assembly of Jehovah. 8 -Nn bastard shall enter '.'"'j into the assembly of Jehovah; even to the tenth generation none of his descendants shall enter into the assembly of Jehovah. No Ammonite or Moabite shall enter into the assembly of Jehovah; §JJd never even to the tenth generation shall one belonging t < » them enter into the assembly of Jehovah, 'because they did not meet von with bread and water mon _ in the way, when ye came forth from Egypt, and because they hired against . thee Balaam the boh of Beor from Pethor of Aram Naharaim, c to curse thee Nevertheless Jehovah thy God would do! hearken to Balaam; bul Jehovah Political Organization. -The life of the Hebrews before it mple thai few oonstitutional laws were necessary. Their political organisation waa not tin- result "f legislative enactments; il was rather the outgrowth of primitive institutions and an adapta- tion of these to new needs. The original unil of Hebrew as well as of all Semitic - the family. In time, by tin- natural processes of intermarriage and generation, this grew into the elan and tribe. The. iretically all members of the elan or tribe were direct descendants of the matter "f fact il contained in the past, a> do Arab tribes to-day, many aliens, admitted either through intermarriage or adoption "r a- slaves. .lu>t a~ the head "f » lie family was the father, so the most powerful and representative elder was head of the clan nr tribe. As to-day, th< en from a certain leading family; but I:* not necessarily succeeded bj his oldest son. The ablest man, thi the greatest oee, whether in actual wealth or physical ■- 1 r ■ ■ 1 1 l' 1 1 ■ or intellectual acumen or personal ■ n o< i influence, was chosen by » 1 1 « - members of 'In- tribe as their leader in war. and their arbitei dispute, li is important to note that his authority •• ute; it rested on common consent; he wi ervant • <( tin' tribal oommunity, His counsel- lors were the trii>al chieftains and elders, who represented the different clans and fai By almost unoonsciou the kimf.lom grew out "f this simpler institution. In the of tli«' Judges certain '■ used ■ common cause. Because they brought deliverance and protection t lnir authority was recognised during tln'ir I if el local federation of tribes, but at ilwir death the union was dissolved. Winn, howi energetic, able Philistines threatened ili< - independence of all the Hebrew tnl ■• it inn died one "i their local chiefs, who had demonstrated in ■ war with the Ami » Dt. 28' ridently paeans that he shall not share tl of the temple. '• I i this law is found in Lam i It, 33* According to the ancient Heb, tradition in Gen. Ifl tad Edomites were regarded as ba tard With deeper histoi ter editor ti attitude t" the ancient host iht v between the Hebrews and their vindictive n< bors across the Jordan. He may well have had in mind tin- cruel advantages which they took at the time » hen Jerusalem « and the Jews were fugitives or in exile. i In. 23«* ii. Nn. 20 77 Dt. 235] POLITICAL ORGANIZATION Deuteronomic Codes thy God turned the curse into a blessing for thee, because Jehovah thy God loved thee. d 6 Thou shalt never seek their peace nor their prosperity all thy days. But 'Thou shalt not abhor an Edomite, for he is thy kinsman; thou shalt not Edom- abhor an Egyptian, e because thou wast a resident alien in his land. 8 The ltesand children of the third generation that are born to them may enter into the tians assembly of Jehovah. § 34. The Census, Nil. I 1 - 3 , 3 14 . 15 , 4 1 - 3 Supplemental Priestly Codes Census Xu. 1 2 Jehovah gave this command to Moses in the Wilderness of Sinai, avail- Se m the tent of meeting, on the first day of the second month, in the second able for vear a ft e r they had come out of the land of Egypt : 2 Take a census of all the congregation of the Israelites, by their families, by their fathers' houses, according to the number of the names, all the males, by their heads, 3 from twenty years old and upward, all in Israel w T ho are able to go forth to war, shalt thou and Aaron f number by their hosts. Of the 3 14 Jehovah also commanded Moses in the Wilderness of Sinai : 15 Num- !S ber the Levites by their fathers' houses, by their families, every male from a month old and upward shalt thou number them. 4 1 Jehovah gave this command to Moses and Aaron : 2 Take a census of the Kohathites from among the Levites, by their families, by their fathers' houses, 3 from thirty years old and upward even to fifty years old, all who enter upon the service, to do the work in the tent of meeting. § 35. Division of the Land, Josh. 18 2 - 10 , Nu. 26 52 - 56 [33 54 ] Deuteronomic Codes The Josh. 18 2 Since there remained among the Israelites seven tribes which p T Q, had not yet divided their inheritance, 3 Joshua said to the Israelites, How phetic . tion re- ability to lead, to guide and represent them not only during his own life but at his death to garding transmit his authority to his descendants. Thus the Hebrew kingship came into existence, the -^ u ' ts traditions were democratic. The king was deliberately chosen as the servant of the original people. The only native precedents to shape its development were those connected with the allot- earlier institution of the sheik. In time the immediate followers and supporters of the king ment of grew into a nobility that in part took the place of the earlier tribal elders. The city organiza- Canaan tton a ' so succeeded that of the clan; but the old tribal bonds never entirely disappeared, and the people always clung tenaciously to their popular rights in opposition to the despotic poli- cies introduced by such rulers as Solomon and Ahab. d I)t. 23 4b > 5 Cf. Vol. I, § 98. The later editor who added these vss. evidently had before him the present composite narrative of Nu. 22, 23. e Dt. 23 7 The older hostile attitude toward the Egyptians has evidently disappeared, and the law reflects the later days when, before the exile, the Egyptians were the only allies of the Hebrews. § 34 The early Hebrews like the modern Arabs of the desert, regarded the taking of a census as displeasing to the Deity, cf. II Sam. 24. Vol. II, § 33. The earlier laws accordingly contain no regulations concerning it. Not until the Israelites had come into contact with the Babylonians and Persians did they formulate a definite census law. This was cast in the form of a legal precedent associated with Moses. Its theoretical and priestly character is obvious. It is one of the many very late traditional precedents by which the priestly schools aimed to establish on a Mosaic basis the institutions of their own day. f Nu. I 3 This clause is probably a late addition. § 35 The tradition that the land of Canaan was originally divided among the Hebrew tribes 78 DIVISION OF THE LAND [Josh. 18 3 Deuteronomic Codes long will you be remiss in taking possession of the land which Jehovah t In- God of your fathers hath given you? 'Appoint three men from each trilie and I will scud (hem, and they shall arise and walk through the land, and mark it nut for their inheritance; then they shall come t<> me. 'And they shall divide it into seven divisions for themselves. Judah shall remain in his territory on the south, and the house of Joseph shall re- main in their territory on the north. ''And ye shall mark out the land into seven divisions, and bring the plan here to me. Then I will cast lots for you here before Jehovah \ our ( rod. ' For the Levites have no portion among you, inasmuch as the priesthood of Jehovah is their inheritance: and Gad and Reuben and the half-tribe of Manasseh have received their inheritance on the easl side of the Jordan, which Moses the servant of Jehovah gave them. 8 So the men arose and departed. And Joshua gave this command to those who went to mark out the land: Go and walk through the laud, and mark it OUt and come again to me; and I will cast lots for you here before Jehovah in Shiloh. ''So the men went and passed through the land and marked it out in a book by cities into seven divisions; then they came to Joshua to the Camp at Shiloh. l0 And Joshua cast lots for them in Shiloh before Jehovah. Thus Joshua there divided the land among the Israelites according to their divisions. Supplemental Priestly Codes Nil. 26 '-'Jehovah said to Moses, " ,; Among these the land shall be appor- Tho tioned as an inheritance according to the number of names. •'' To the large ^^Ztw tribe thou shall give a proportionately large inheritance, and to the smaller • tribe thou shall give a proportionately small inheritance, t<> each according to those who are numbered as belonging to it shall its inheritance be given. ""Yet the land shall be divided l>\ lot, according to the names of the tribes of their fathers they shall inherit. '''According to the lot shall their inheri- tance be dh ided between the more numerous and less numerous tribes. § 36. Respect Due Rulers, Ex. 22 Primitive Codes Ex. 22 - s|, Thou shall not >■ . I i t ■ u: place had long been forgotten. The original basis is apparently r Judean prophetic storj bul this hag been reversed by a Deuteronomic editor - in its final fin-in it may here be classified with the Deuteronomic laws. Cf. Vol. I. I 117 late priestlj precedents in Nu. -'•"> ". 33 ' were intended to guide the returning ex establishing t lni r individual titles to tin- soil "f Palestine. The version in N i limply an abbre\ ial ii in i if thai in 2fi j 36 This brief law from the Bphraimite prophetic decalogue is linked with the command not '!> revile God. Evidently in the mind "f we primitive lawgiver tin- civil rulers .■ i r < • re- garded as the earthlj representatives of the divine King. Lit., among thy ]>■ 79 Dt. 17 11 ] POLITICAL ORGANIZATION § 37. Qualifications and Duties of the King, Dt. 17 1 *- 20 Deiiteronomic Codes Must Dt. 1 7 14 When thou comest to the land which Jehovah thy God is about native t° gi ve thee, and shalt possess it, and shalt dwell in it, and shalt say to thy- Tsrael- se ]f I w jH set over me a king as have all the nations that are round about ite me, 15 be sure to set over thee as king him whom Jehovah thy God shall choose; one from among thy fellow Israelites shalt thou set over thee as king; thou mayst not put a foreigner over thee who is not a fellow Israelite. Must 16 Only he shall not provide many horses for himself, nor shall he cause the ld People to return to Egypt in order that he may provide many horses, since crimes Jehovah hath said to you, Ye shall never again return that way. 17 Neither mon shall he take many wives for himself, lest his heart turn away; neither shall he collect for himself great quantities of silver and gold. Must 18 And when he sitteth upon his kingly throne he shall write for himself accord m a book a copy of this law which is in the charge of the Levitical priests ; h with 19 and he shall have it always with him, and he shall read in it daily as long Deuter- as he liveth, that he may learn to fear Jehovah his God, to take heed to observe laws' 110 a ^ *h e wol "ds of this law and these statutes, 20 that his heart be not lifted up above his kinsmen, and that he turn aside from this command neither to the right nor to the left in order that he and his descendants may continue long to rule in the midst of Israel. B Military Regulations ORGANIZATION OF THE ARMY § 38. Legal Age of Service, Nu. 26 2a . 3 * [l 2 - 3 ] Priestly Codes Twenty Nu. 26 2a Take a census of all the congregation of the Israelites, 3a from ancf 3 twenty years old and upward, all in Israel who are able to go forth to war over in Israel. §37 These laws seek primarily to regulate those abuses which became most glaringly apparent in the reigns of Solomon and Ahab. cf. I Kgs. 10 14 -ll l:! . They aim to maintain the original, simple, democratic ideal of the Hebrew kingship against the seductive and sub- versive influence which came in from the neighboring despotisms. In effect these regulations make the king a constitutional ruler, who stands in striking contrast to the tyrants who ruled in all the neighboring states. They also assume that primitive Hebrew conception of the king, as Jehovah's representative, responsible for all his acts to the Divine Sovereign, which was the historical and abiding basal idea of the theocracy. h Dt. 17 18 /. e., in the central sanctuary. Cf. 31 »■ 26 . Organization of the Army. — Except the royal body guard of six hundred in the days of Davi'l, cf. Vol. II, § 34, the Hebrews do not appear to have maintained a standing army. Throughout all their history their main defence was the militia, which was called out only in 80 LEGAL AGE OF SERVICE [Dt. 20 la §39. Exemptions from Military Service, J)t. -JO"- M . \.i. L<*. <0 , 2" Deutercmomic Codes Dt. 20 la \Vhen ye go out to fight against your foes, -"'the officers shall Those speak to the people. Baying, What man is there thai hath built a new house ^n!. but not dedicated it ? let him go and return to his house, lesl he specific casee where forced service might bring especial dis- comfort. The humane laws also reveal the growing interest in tin' welfare of the individual that characterises these later codes. Firsl Sfao. ■'; states that Judas observed these laws; but otherwise there is n<> evidence that they were at other times practically enforced. In the very lata priestly precedent, in Nu. I and 2, onb the l evitos are exempted from military s«-r- vioe. ■ Dt. 20* Lit., treated it on common, i. e., partaken "f its fruit after the fintfruit had l>cen acred i" Jehovah, I Dt. 24" lit., host. k Dt. 24' Lit., for hit house. § 40 According to I Mac. 3**, Judas Maccabua appointed on the battle field the oommanden of thousands, hundreds, tif i us. and tens. Tins law i- also substantiated by the later e> • precedent in Nu. i 1 " which, lik<' thai in I". I the custom back to Moses, !i is probably very ancient. The oommanden tlms appointed were the tribal chieftains already familiar with war and leadership. 81 Dt. 23 9 ] MARTIAL REGULATIONS II REGULATIONS GOVERNING THE ARMY IN THE FIELD § 41. Cleanliness of the Camp, Dt. 23"-" Deideronomic Codes Each Dt. 23 9 \Vhcn thou goest forth in a military campaign against thine guard° enem i es > thou shalt keep thyself from every evil thing. 10 If there be among against you anyone who is not clean as the result of an accident by night, then he shall ingit go away outside the camp, he must not come inside the camp. n But when evening cometh on, he shall bathe himself in water; and when the sun is set he may come inside the camp. 12 Thou shalt have a place also outside the camp, to which thou shalt go out; 13 and thou shalt have a paddle 1 among thy weapons, and when thou sittest down outside thou shalt dig a hole with it, and shalt turn back and cover thy excrement, 14 for Jehovah thy God ever goeth about in the midst m of thy camp, to deliver thee and to give thine enemies into thy hands; 11 therefore thy camp should be holy, that he may see no unclean thing in thee and turn away from thee. § 42. Manner of Attack, Dt. 20 1 - 4 . 10 - 12 , Nu. 10 9 Deuteronomic Codes En- Dt. 20 1 W r hen thou goest forth to battle against thine enemies, and age-" seest horses and chariots, and a people more than thou, be not afraid of them; ment for Jehovah thy God is with thee, he who brought thee up from the land of brave Egypt. 2 And when ye draw near to offer battle, the priest shall approach trust in an ^ speak to the people, 3 and say to them, Hear O Israel, ye are drawing God near this day to fight against your enemies; do not lose heart, fear not, nor tremble, neither be afraid because of them; 4 for Jehovah your God is going with you, to fight for you against your enemies in order to deliver you. p rP . 10 When thou drawest near to a city to fight against it, proclaim peace naries t° it.° n And if it make a peaceful response and open its gates to thee, then preced- shall all the people that are found in it be compelled to do forced labor for attack thee and serve thee. 12 But if it make no peace with thee but offer battle against thee, then thou shalt lay siege against it. § 41 While this law was of practical hygienic value, the motive which gave rise to it was evidently religious and ceremonial. The simple anthromorphic conception of Jehovah in u suggests that this law in its present form comes from an early period. From I Sam. 21 5 it may be inferred that the weapons of war, and probably the person of the warriors, were in ancient times solemnly consecrated. Cf. also II Sam. I 21 . The priestly law of Nu. 5 1 " 4 states that in the traditional march through the wilderness all lepers were excluded from the camp. Every one ceremonially impure, either because of an issue, Lev. 15 2 - 15 , or from contact with a corpse, was also shut out; but these laws, though based upon the same principle as the former, make no reference to a military camp. 1 Dt. 23 13 Lit., tent pin, i. e.. that is something pointed or similar in form to a tent pin. m Dt. 23 14 Lit., going to and fro. It means that Jehovah accompanied his people in all their campaigns. ■ Dt. 23 u Lit., before thee. ° Dt. 20 10 /. e., give it a chance to surrender without being attacked. § 42 War is regarded as inevitable Dy the lawgivers. Their effort is to regulate as far as possible its barbarity and to prevent needless loss of life. 82 MANNER OF ATTACK [Nu. 10 9 Priestly Codes Nil. lO ''When ye go l<» war in your land against (lie foe that oppressetll Call to you, ye shall sound an alarm with the trumpets; ami ye shall he remembered ,,: '" 10 before Jehovah your ( rod, and ye shall he saved from your enemies. : 1 :. Division of the Booty, I Sam. SO Prim Hi re Codes I Sam. •'{<> -'Now when David came to the two hundred men, who had Origin I). •en too faint to follow him, s<> that he had to leave them behind at the jawof Brook Besor, they went out to meet David, and the people who wen- with 39"*) him. And when they came near to the people, they saluted them. 22 Then button all the wicked and base scoundrels among the men who went with David booty began to say. Because they did not go with us, we will not give them any of the spoils that we have recovered, except to each, his wife and his children, that he may take them away and depart. '-'''Hut David said. Do not so, my 1. rot hers, after that which Jehovah hath given US, and after he hath preserved us and delivered the marauding hand that came againsl us into our hand. -'And who will give heed to you in this matter, for — As h the share of him who goeth down into battle, So is the >hare of him who reinainelh with the baggage. They shall all share alike. -'And from that time on he made it a statute and precedent in Israel to this day. § U. Disposal of the Spoils and Captives, t)t. 20 10 . '-'% ?'■ : . '«• "-*, 20". :n , sM ,n - H Xn. SI 1 *- '• ■'■ '- 18 . 2l - 31 Deuteronomic ( '<«/< s Dt. 20 '"When thou d rawest near to a city to fight against it, proclaim In the peace to it. '-But if it make no peace with thee, hut offer battle against thee, then thou shall la\ siege against it. l:; And when Jehovah thy God foea delivereth it into thy hand, thou shall put every male in it to the edge of the sword; ' 'hut the women, and the little ones, and the animals, and all that is in the city, even all its spoil, shall thou take to thyself as hoolv; and thou shall eat the spoil of thine enemies, which Jehovah thy God hath given thee. 5 n This enactment, embedded in the eaxly historical narrativi dly interesting, for it illustrates one of the common ways in which a law came into existence. Cf. Lntrod., p, 1 _'. 11 [t is a great relief to note thai these laws enjoining the merciless destruction of tin' Canaanites and Uidianites took form centuries after the conquest, and that tin- actual practice in the earlier day was far different. These laws also Btand in striking, contrast to the humane principles laid down bj l ■, r ' . and with the prevailing!} philanthropic spirit of the codes in which thej are found. The explanation lies in the fart that these later laws, an' dealing not with present but past conditions, ami arc thinking not "f the suffering "f the it hut . if tin' glaring evils in Israel's character and religion which were direct!} traceable to tin- influence <>f the early Canaanitish inhabitants of the land, whom the Hebrews absorbed. Kin... 1 thirst} laws were formulated in the days following the reaction of Manasaeb when the true prophets of Jehovah were engaged in a .Lath struggle with the ..I. I popular heathen cults. In essence thej declare that it would have been better f.>r Jehovah's people to have exterminated thi I an. I branch, than t.. have allowed it t.. remain a 1 stant men. 11 1 true lift and faith. 83 Dt. 20 15 ] MARTIAL regulations Deuteronomie Codes 15 Thus shalt thou do to all the cities that are very far off from thee, which are not of the cities of these nations. The 16 But of the cities of these peoples, that Jehovah thy God giveth thee for peoples an inheritance, thou shalt save alive nothing that breatheth; 17 but thou shalt Canaan utterly destroy 13 them, the Hittites, the Amorites, the Canaanites, the Periz- zites, the Hivites, and the Jebusites, as Jehovah thy God hath commanded thee, q 18 that they may not teach you to do according to all their abominations, which they have done to their gods, and so ye sin against Jehovah your God. 7 J But when Jehovah thy God shall bring thee into the land which thou art going in to possess, and shall clear away many nations before thee, the Hittites, the Girgashites, the Amorites, the Canaanites, the Perizzites, the Hivites, and the Jebusites, seven nations greater and mightier than thou, 2 and when Jehovah thy God shall deliver them into thy hands and thou shalt smite them, then thou shalt completely destroy them without making any terms with them or without showing any mercy to them. 16 But thou shalt consume r all the peoples that Jehovah thy God shall deliver into thy power; thou shalt show them no pity; neither shalt thou serve their gods for that would be a snare to thee. Gradu- 22 And Jehovah thy God will clear away those nations before thee little by com"* httle; thou mayst not consume them all at once, lest the wild beasts become plete too numerous for thee. 23 But Jehovah thy God will deliver them into thy mina- hand and will throw them into great confusion, until they are destroyed. of°both 24 And he will deliver their kings into thy hand, and thou shalt blot out their peoples name from the earth ; s no man will be able to stand before thee until thou cults hast destroyed them. 25 The graven images of their gods shall ye burn with fire; thou shalt not covet the silver or the gold that is on them, nor take it for thyself, lest thou be snared thereby, for it is an abomination to Jehovah thy God. 26 And thou shalt not bring an abomination into thy house, lest thou fall like it under the ban;* thou shalt utterly detest and abhor it, for it is placed under the ban. Fruit 20 19 When thou shalt besiege a city a long time in making war against it trees to j n or( j er t capture it, thou shalt not destroy its trees by wielding an ax against spared them; thou mayest eat of them, but thou shalt not cut them down; for is war the tree of the field a man, that it should be besieged by thee ? u 20 Only the trees which thou knowest are not fruit trees, thou mayst destroy and cut, that thou mayst build siege-works against the city that maketh war with thee, until it fall. Per- 21 10 When thou goest forth to battle against thine enemies, and Jehovah mission tn y q q( j d e iivereth them into thy hands, and thou earnest them away marry captive n and seest among the captives a beautiful woman, and thou male captive p Dt. 20' 7 Lit., place under the ban, devote. Dt. 20 17 E. g., 7 2 , Fx. 23 3133 . ' Dt. 7 16 Lit., eat. " Dt. 7'-' 4 The Heb. idiom is, make their name to perish from under heaven. 1 Dt. 7 215 /. e., be given up to destruction. u Dt. 20 19 Following the Gk. and Lat. in translating this clause as a question. 84 DISPOSAL OF THE SPOILS [Dt. 21 11 Deuteronomir Codes bast a desire for her, and wouldst make her thy wife, '-'then thou shall l>rin£ her home to thy house; and she shall shave her head ami |>arc her nails, l3 and she shall ])iit oil' the garb of her ca|iii\ ity ami shall remain in thy house, and bewail her lather ami her mother a lull month; after that thou shalt go in unto her, and be her husband, and she shall he thy wife. "Hut if thou have no delight in her, then thou shall let her ^ r <> where she will; hut thou shalt not sell her in any case for money; thou shall not deal with her as a slave, because thou hast humbled her. Supplemental Priestly Codes Nu. 31 la Jehovah --aid to Moses, 2 Avenge the Israelites on the Midian-Tbe ites; afterward thou shalt !>e gathered to thy father's kin. 'Therefore Moses §~J] gave this command to the people : Equip men from among you for the war. that they may go against Midian, to execute Jehovah's vengeance on Midian. dent 'So they made war on Midian. as Jehovah commanded Moses, and slew every male. They also slew the kings of Midian with the rot of their slain : Evi, Kekein, Zur. llur. and Eteba, the five kings of Midian; Balaam, too. the son of Heor, they slew with the sword. ''And the Israelites look captive the women of Midian with their little \ one And all their cattle, and all their flocks, and all their goods they took ] as hooty. '"Hut all their cities, in the places in which they dwelt, and all their enclosures they hurnt with fire. "And they took all the -poil and all and the hooty both of man and of heast. '-'And they broughl the Captives, and the hooty and the spoil to Moms and Klea/ar the priest . and to the congrega- tion of the Israelites at the camp in the plains of Moab, which are by the Jordan at Jericho. l; Then when Moms and Klea/ar the priest, and all the princes of the M congregation, went forth to meet them outside the camp, l4 Moses was angry \ u .~'\" u ~ with the officers of the host, (he captains of thousands and the captain- of regard- hundreds, who came from the service of the war. ' 'And Moses said to , M ,,. them. Have you saved all the women alive? '''Behold, these caused the Israelites, through the counsel of Balaam, to break faith with Jehovah' in the affair of Peor, and so the plague was among the congregation of Jehovah. ''Now therefore kill every male among the little one-, ami kill every woman who ha- entered into marital relation-. |s But all the female children, who have not entered into marital relation-, keep alive for \our- selves. -'And Eleazar the priesl said to the warrior- who went to the battle, This r> i- the statute of the law which Jehovah hath commanded Moses, -'-" < raly the gold, the silver, the brass, the iron, the tin. and the lead. - :: e\erv thing that <"•»*"'; may he put into the lire, ye shall put through the tire, that it may he clean; their it -hall surely he purified by means of the water of impurity; and all that can " not he nut into the fire you -hall put through the water. -'And ye shall wash pu«fi- your clothes on the seventh da\ . and dial I he clean; and afterwards \ e shall come into the camp." 85 Nu. 31 25 ] MARTIAL REGULATIONS Supplemental Priestly Codes Jeho- 25 Then Jehovah commanded Moses, 26 Make an estimate of the booty that portion was taken, both of man and of beast, thou, and Eleazar the priest, and the of the heads of the fathers' houses of the congregation, 27 and divide the booty into for the two parts; between the men skilled in war, who went out to battle, and all priests j.jjg congregation. 28 And levy a contribution for Jehovah upon the warriors who went out to battle : one in five hundred, of the persons, and of the oxen, and of the asses, and of the flocks : 29 take it from their half, and give it to Portion Eleazar the priest, as a special contribution to Jehovah. 30 And from the Levites Israelites' half thou shalt take one drawn out of every fifty, of the persons, of the oxen, of the asses, and of the flocks, even of all the cattle, and give them to the Levites who have charge of the dwelling of Jehovah. 31 And Moses and Eleazar the priest did as Jehovah commanded Moses. c The Judiciary § 45. Appointment of Judges, Ex. 18 13 - 26 , Dt. 16 18a Primitive Codes Moses' Ex. 18 13 Now Moses sat as judge to decide cases for the people, and judge 1 " the people stood about Moses from morning until evening. 14 But when Moses' father-in-law saw all that he was doing for the people, he said, What is this thing that you are doing for the people? why are you sitting all alone while all the people stand about you from morning until evening? 15 And Moses answered his father-in-law Because the people keep coming to me to inquire of God. 16 Whenever they have a matter of dispute, they come The Judiciary. — In its method of administering justice the ancient East differed widely from the modern West. The most striking difference was the absence in the ancient East of any distinct judicial organization. Political, judicial and religious duties were often dis- charged by the same officials. In Egypt, Babylonia and Israel the judges to whom cases were referred were quite invariably either civil officers or priests. Every prominent public official, from the king himself to the local tribal elders, could thus be called upon to act as judges. The result was that justice often miscarried for lack of system and a responsible organization to attend to its execution. Also in Babylonia, Egypt, and ancient Israel, most cases were tried not before one but several associated judges. In Babylonia such a judicial body might consist of from four to twelve, among whom were often found civil officials, scribes, priests and elders. A similar mixed court was established at Jerusalem during the latter days of the monarchy. In ancient Israel, however, ordinary eases were decided by the tribal or local elders assembled at the city gates, or else by the priests to whom the questions in dispute were referred at the local sanctuary and later at the temple at Jerusalem. Important cases could be carried to the king, as the ultimate authority, or later to the central court at Jerusalem, cf. § 47. It is not clear what determined the choice of a court. Probably much liberty was allowed to the individual litigants. If a crime was involved, the community or the local elders or the priests doubtless took the initiative, according to the nature of the offence. In the ancient East the litigants each presented and pled his own case, although in pre- paring it he was free to utilize the services of friends or scribes. The plaintiff and defendant, in Babylonia at least, also produced their own witnesses, who were duly sworn and carefully examined. For a full and illuminating presentation of the facts regarding judges, law-courts and legal processes, cf. John's Bab. and Assyr. Laws, Contracts arid Letters, pp. 80-112. § 45 The early Ephraimite prophetic account of Moses' activity as judge throws much light upon the origin of Israel's judiciary, cf. Introd., pp. 10, 11. The explicit law directing the establishment of local courts is comparatively late. 86 APPOINTMENT OF JUDGES [Ex. 18 10 Primitive Codes to me, thai I may decide which of the two is right, and make known the Statutes of God, and lii.s decisions. 17 Then Moses' father-in-law said to him, This thing which you are doing B i-; ii< it, good. 18 Botb you and these people who are about you will surely £"«>. wear yourselves out. for the task is too heavy for you: you are not able to point- perform it by yourself alone. "'Now hearken to me, I will give you good judges counsel. SO that God will he with you: You he the people's advocate with God, and bring the cases to God, -'"and you make known to them the statutes and the decisions, and show them the way wherein they must walk, and the work that they must do. -'Moreover you must provide out of all the people able, God-fearing, reliable men, hating unjust gain : and place such over them to be rulers of thousands, rulers of hundreds, rulers of fifties, and rulers of tens; 22 and let them judge the people at all times. Only every great matter let them bring to you; but every small matter let them decide t heiu>el\ es; so it will be easier for you, and they will bear the burden with you. - ; lf you do this thing and God so commands you. then you will be able to endure, and all these people also will go back to their places satisfied. 2 *So Moses hearkened to the advice of his father-in-law, and did all that he had said. 25 And Moses chose able men out of all Israel, and made them heads over the people, rulers of thousands, rulers of hundreds, rulers of fifties and rulers of tens. -''And they judged the people at all times: the difficult cases they brought to Moses, but every small matter they decided themselves. -'Then Moses let his father-in-law depart, and he went his way to his own land. Deuteronomic Codes l)t. 1G 18a Judges and officers shalt thou appoint according to thy tribes Local in all the cities which Jehovah is about to give thee. Jl " k '' ' § Mi. Duties of Judges, Kx. 23 6 - 8 , Dt. 16 18b2 °, 1«. 17 , 27", 25 l . *, Ley. 1!> 15 l "> Primitive Codes Ex. 23 ''Thou shalt not prevent justice being done to thy poor in hisToad- cause. ' Keep aloof 8 from every false matter. 1. Do not condemn the inno- ,' ( '. rJU ,- cent nor him who hath a JUSl cause. Do not vindicate' 1 the wicked. *ThoU H 00 '" shalt take no bribe, for a bribe blindeth the eyes of those who see and per- i \eiteth the cause of the righteous/' 16 I"- strong emphasis which the prophets placed on justice, especially in the law- courts, l«'ft its deep impress on Israel's laws. To insure justice to ;ill alike was one of the chiei aims <>f the Deuteronomic codes. I In- same lofty purpose actuated Bammurabi. This is illustrated by the drastic pun- ishment which he directs i" be inflicted upon ■ judge suspected of rendering a decision under influence: §5 If a judge has given a verdict, rendered a decision, granted <> written judgment, and afterward has altered hit judgment, tlmt fudge thaU !•> inns, cut,,! for altering the i>m he gave and shall pay twelvefold the penalty laid down in that judgment. Further, he shall be publicly expelled from hie judgment-seat ana shall not rttum nor take Ins scut with I ut i/ trial. " Kx. 2.'! 7 Lit., keep far mini/ from. L Kx. 'j:s 7 /. s., everj crooked conspiracy to prevent justice. r Ex. L':< 7 Lit., do not slay. >' Ex. 'j.'i 7 So g Q j et ft be Judge 25 x If there be a controversy between men and they come for a decision, nesT 1 and judgment is pronounced upon them, with the result that the righteous cor " . is vindicated and the wicked condemned, 2 and if the culprit deserveth to be punish- beaten, then the judge shall make him lie down and be beaten in his presence men with the number of blows corresponding to his crime. k Holiness Code To be Lev. 19 15 Ye shall do no injustice in rendering a judicial decision. 1 futely Thou shalt not show partiality to the poor nor have undue consideration impar- f or j^e powerful; but justly shalt thou judge thy neighbor. § 47. The Supreme Court of Appeal, Dt. 17 8 - 11 Deuteronomic Codes Diffi- Dt. 17 8 If a question involve bloodshed or conflicting claims, or the cases to plague of leprosy , m — questions of controversy within thy city too difficult be re - for thee to decide, — then thou shalt set out and go up to the place which the toTt Lord thy God shall choose; 9 and thou shalt come to the Levitical priests, and to the judge who shall be officiating in those days; and thou shalt inquire; and they shall make known to thee the proper judicial sentence. f Dt. 16 19 Lit., Know the faces of; RV, respect persons. e Dt. 16 19 Lit., words, statements. h Dt. 16 20 Lit., Justice, justice. The repetition intensifies the form of the command. ■ Dt. I 18 The event referred to is recorded in Ex. 18. Cf. § 45. i Dt. 27 25 Lit., to slay. k Dt. 2."> 2 The law goes on to add that the blows inflicted must be limited to thirty-nine. 1 Lev. 19 15 The first command contained in the vs. is repeated in 35 . § 47 The O.T. furnishes no further information regarding the appointment and constitu- tion of the central court at Jerusalem. In ancient times Moses, and later the Heb. kings (LI Sam. 12 1 - 6 , 15 2 ), were the final arbiters in disputed questions. The tradition in Ex. 18 implies that Moses appointed a judicial body, somewhat similar to the one the existence of ■which is implied in Dt. 17 8 " 11 . In II Chr. 19 s " the establishment of a central court of appeal, consisting of priests, Levites and the heads of the fathers' houses is attributed to Je- hoshaphat. The late tradition may reflect historical facts, for the present law in Dt. implies that such a tribunal was in existence in the days of Josiah. m Dt. 17 8 Lit., between blood and blood, between plea and plea, and between stroke and stroke, i. e., criminal, civil, and ceremonial cases. The latter refers to a stroke, like a plague, espe- cially leprosy, in connection with which the priests were expected to render a decision. 88 THE SUPREME COURT OF A1TEAL [Dr. IT 1 " Deuteronomic Codes 10 Thou shall also ad according to the tenor of the Bentence which they p-.i.- shall naake known to thee from thai place which Jehovah Bhall choose; and . thou shall do exactly as they direcl thee, ll acoording to the tenor <-i' tin- '>'{ ';- instruction which they shall give thee, and according to the decision which they shall imparl to thee, thou Bhall do without departing from the sentence '""" 1 which they shall make known to thee, cither to the righl hand or to the left. §48. Number of Witnesses Required to Convict, Dt. 10 , IV. \u. 86 M Deuteronomic Codes Dt. 19 l5 One witness shall not stand up alone to testify againsl a man Twore- for any crime, nor for any sin which he hath committed. 11 By tlie testimony tocon- of two or three witnesses must a matter be established. 17 ''On the testi- vict . of mony of two or three witnesses shall a man be condemned to death; he -hall inal not be put to death on the testimony of one witness. Supplemental Priestly Codes Xu. :{."> ; "ln every case of murder, the murderer shall be put to death on the testimony of witnesses; on the testimony of bul one witness shall no one suffer death. § 19. Duties of Witnesses, Ex. 23 1 -' K'ti'j, Dt. .V", 1? : , Lev. L9 I' rim it ire Codes Ex. 'i'-i 'Thou shalt not spread abroad a false report. Do not enter To toll into a conspiracy with a wicked man to be an unrighteous witness. -Thou \ r "l,\ x shalt not follow the majority in doing what is wrong. Thou shalt not hear 1 "" 1 , J . . ■,,-, i , i liiilliniK testimony m a case so as to penert justice." ' I lion shalt not show par- Imi the »• Pi i ' • l • truth Utility to a poor man m his case. Deuteronomic Codes Dt. o -"Thou shalt not hear false witness againsl thy neighbor. To take 17'The witnesses shall first raise their hands againsl a murderer to pill itiative him to death, and afterwards the hands of all the people. Thus thou shalt in the purge aua\ the evil from thv midst. tionof :i imir- derer 5 48 Tl 1 1 1 i 1 1 • • 1 1 1 wisdom qf this law, especially in capital offencee, i- obvious. o Dt. 19 / i i moral crime or some infringement "f the ceremonial law. • Prevarication i one of the most crying evils of the Easl I lit it tht talt of a man it t Mm accepted as g I ethic The Israeliti h la enuoualy sought to eliminate this deadly menace to the purity "t' tl"' i rta. to a dispute were probably under obligation to produce theit witne ses, .'i~ in ancient Babylonia under Hammurabi: ; Ij n man hat not hit witnettet ai hand, tht judgt *lmtl »x- tix months, inul if within km- montht he hat not produced Inn u itntttet, tht man hat /.• thall limr ilir penalty oj tht suit, o i.\. 23' Following a corrected text. 89 Lev. 19 10 ] THE JUDICIARY Holiness Code Not to Lev. 19 16 Thou shalt not go about as a tale bearer among thy people; malign Qor shalt thou seek the blood of thy neighbor : p I am Jehovah. charges Priestly Codes Not to Lev. 5 -1 If anyone sin when under oath as a witness by failing to give testi- a information concerning what he hath seen or known, q he shall bear the con- mony sequences of his iniquity. § 50. Punishment of False Witnesses, Dt. 19 115 - 21 Deuteronomic Codes Tosuf- Dt. 19 10 If a malicious witness stand up against a man to accuse him penalty °f treason, 1 " 17 then both the men who have the dispute shall stand before of. the Jehovah, before the priests and the judges who shall be officiating in those unjust- days; 18 and the judges shall thoroughly investigate; and should it prove charged that the witness is a false witness, and hath testified falsely against his country- man, 19 then shall ye do to him as he purposed to do to his fellow country- man; thus thou shalt purge away the evil from thy midst, 20 that those who remain may heed and fear, and never again commit any such crime in thy midst. 21 And thou shalt not show pity ; s life for life, eye for eye, tooth for tooth, hand for hand, foot for foot. § 51. Execution of Judicial Sentence, Dt. 25 2 - 3 Deuteronomic Codes Judge Dt. 25 2 If a culprit deserve to be beaten, the judge shall make him lie down and be beaten in his presence with the number of blows corresponding ness COf - to his crime. 3 Forty blows may he inflict upon him, but no more, lest, if punish- he add more blows than these, thy fellow countryman be held in contempt ment j^ ^ n J ne eves . § 52. Punishment for Contempt of Court, Dt. 17 12 - 13 Deuteronomic Codes Refusal Dt. 17 12 Should a man act presumptuously, so as not to hearken to the cepT" priest who standeth to minister there before the Lord thy God, or to the sen- tence of su- p Lev. 19 16 /. e., by trying to bring a capital charge against him and probably also by , false testimony in the courts, tnbu- '' '-ev. 5 1 Lit., and heareth the voice of the oath, and is a witness whether he hath seen or nal known, if he do not give information. r Dt. 19 lc /. e., against law and custom. § 50 The justice of the law is self-evident; the laxness of our modern legal usage is in un- fortunate contrast to it. 8 Dt. 19 21 Lit., thine eye shall not sliow pity. § 51 Punishment of the bastinado, as was common in Egypt, is evidently here contem- plated. The law further voices the humane spirit of the Deuteronomic codes. § 52 The decision referred to is that of the central tribunal at Jerusalem. The severity probably of the nature of a threat) for there is no evidence that it was actually enforced. 90 PUNISHMENT OF CONTEMPT OF COITIT [In i; Devieronomic ( 'odes judge, that man shall die. l3 Thusthou slialt purge awa\ the evil from [srael, thai all the people maj take heed, and fear, and never again act presumpt- uously. §53. The Object of Cities of Refuge, Ex. 21" '. I)t. In , r « \ u . :;.-,»->' Primitive Codes Ex. 21 l2 If a man strike another so that he die, the manslayer shall Early be put to death. l3 If a man lie aol in wait, l>ut God deliver him into^^™ his hand, then 1 will appoint thee a place t<> which be may flee. 'Ml' a man Mylum attack another maliciously to slaj him l>\ treachery . thou shalt take him from mine altar that he may be put to death. Devieronomic Codes Dt. 19 1 When Jehovah thy God shall cut off the nations, whose land i Jehovah thy God giveth thee, and thou shall dispossess them, and shalt'.. dwell in their cities, and in their houses, '-'thou shall set apart three cities for thyself in the midst of thy land, which Jehovah thy God is about to giveofref- thee as a possession. 3 ThoU shalt prepare the way, and divide the territory u ^'' of thy land, which Jehovah thy God will let thee inherit, into three parts, that every manslayer may flee thither. 'And this is the rule In regard to the manslayer, who may flee thither and For the live: whoso killeth his neighbor accidentally without having been his enemy anceof" formerly, ,r, as for example when a maneoetb into the forest with his neighbor ''"' '"" to cut wood, and he swingeth the ax with his hand to cut down a tree.' and man- the head slippeth from the helve and slriketh his neighbor, so that he die. the man shall lice to one of these cities and live: ''lot the avenger of blood pursue the manslayer, while he is enraged, " and overtake him. because the way is long, and take his life, although he did not deserve t<> die. sine,. |i<- was not formerly the dead man's enemy. Therefore I command that thou shalt set apart three cities. Wml if Jehovah thy God enlarge th\ bor ders as he hath sworn to thy fathers, and give thee ali the land which he promised to give to thy fathers, "if thou shall keep all this command to do it, which I command thee this day, in thai thou love Jehovah lh\ God, and walk ever in his ways, then shalt thou add three oiher cities, besides these three, '"that innocent blood may not l»e shed in the midsl of thy laud, which Jehovah thy ( rod giveth tine as an inheritance, and thus l.| 1 guilt he upon line "Bui if an\ man hale his neighbor, and lie in wail for him. and attack Butnot __^__ ..f the iniir- . The relentle Semitic law of blood revenge made :i place "f refuse f"r tin- innocent ■:■ man layei a nece itj imong the Hebrews. \- :on. .nur mosl ancient peoples, the altai asylum was an established institution in Israel. 'I In- law in Ex. 21 M aims to guard againsl When all the high places outside Jerusalem, with their altars, were abolished by the Deuter- onomic law and the reform measures "f Josiah it bet nient ii refuge. Apparently the towns selected were the i nli tin' customs alreadj fixed < '■ ' l>t. i'.i I it., hit hand impelleth with On " Dt. i't I i( , I /, hit heart (* hot. 91 Dt. 19 11 ] THE JUDICIARY Dcuicronomic Codes him and strike him mortally so that he die, and the murderer flee to one of the cities of refuge, 12 the elders of his city shall send and bring him, and deliver him into the hand of the avenger of blood, that he may die. 13 Thou shalt have no mercy on him, but shall purge away the innocent blood from Israel, that it may go well with thee. The 4 41 Then Moses set apart three cities on the other side v of the Jordan Jordan toward the sunrise, 42 that a manslayer who had slain his neighbor acci- cities dentally and without having been formerly his enemy might flee thither, and by fleeing to one of these cities might save his life : 43 Bezer in the wilder- ness on the table land for the Reubenites, Ramoth in Gilead for the Gadites, and Golan in Bashan for the Manassites. Supplemental Priestly Codes The Nil. 35 9 Jehovah gave this command to Moses : 10 Speak thus to the vision Israelites, and say to them, ' When ye pass over the Jordan into the land of of the Canaan, n ye shall select as suitable for yourselves, cities to be cities of refuge for you, that the manslayer who killeth any person unintentionally may flee thither. 12 And the cities shall be a refuge from the avenger of blood, that the manslayer may not be put to death until he can stand before the congregation for judgment. 13 And the cities which ye shall give shall be for you six cities of refuge. 14 Ye shall set apart three w cities beyond Jordan, and three cities shall ye set apart in the land of Canaan; they shall be cities of refuge. 15 These cities shall be a refuge for the Israelites and for the resident alien and the one who hath settled among them; that every one who hath killed another unintentionally may flee to them.' D Popular Instruction in the Law § 54. Publishing the Law, Dt. 27 1 - 4 . 8 , Josh. 8 30 - 32 Deuteronomic Codes Com- Dt. 27 * Moses and the elders of Israel gave this command to the towrite people : Keep all the commands which I lay upon you this day. 2 And the ; laws on v Dt. 4 41 /. e., on the east side. plas- »Nu. 35 14 Cf. for these cities, Josh. 20 7 . 8 . tered Popular Instruction in the Law. — The zeal of the authors of the Deuteronomic codes stones led them to resort to very positive means to impress the new law upon the popular conscious- ness. Their methods were similar to those of the great prophets like Isaiah. Just as he wrote his central teaching during the years 737-735 B.C. on a tablet and set it up before the people, Is. 8 1 , so the prophetic reformers of the days of Josiah decreed that the essentials of the law should be published before the eyes of the people. The method may be traced back at least as far as the days of the great Hammurabi. Primitive tablets were probably thus set up in Solomon's temple. Cf. Introd., p. 22. Doubtless the influence of the example of their Assyr- ian masters also affected the authors of Dt. The public reading of the law by Josiah is recorded in II Kgs. 24 2 . In the same way, a few years later, Baruch read certain of Jer.'s sermons to the people, Jer. 36 10 . Through the emphasis which the Deuteronomic lawgivers placed upon the instruction § 54 These passages in Dt. and Josh, are both later products of the Deuteronomic school. 92 pi blisiilm; thk law [d, Denteronomic Codes when ye shall pass over the .Jordan to the land which Jehovah thy God is about to give thee, thou shall >t a word of all that Moses commanded, which Joshua did not read before all the assembly of Israel, and the women, and the little ones, ami the resident aliens who were residing among them. mi children bj their parents, thej laid the foundation of the later educational system which was the strength and glory "i" Judaism. The decalogue structure i>f the primitive law however, thai catechetical instruction l>rn;in in the earliest period "f Israel's histoi I varied methods of inculcating the fundamental principles of the law proved i the later character "f the Jewish race amplj demon I » Dt. ;u " Blightly revising the Heb. text Heb., appear b< , 98 I ) i . . -n the early [sraelitea appears to have been thai Jehovah demanded the entire loyalty and devotion of In- people. Tin' command i.^ imbedded in the oldest decalogue, and is always erven the ■ I of chief prominence .'in. I authority. It was the corner b( r Israel's civic and i- life. The common worship of 'In- same .l bound together the ancestors of tin" Hebrews wandering in the wilderness. The battle cry which rallied the i pie in the days of the judges, was, Come "/' to tin help of Jehovah against the mighty, Jud. ■'>•'. Loyalty t" tin' God ' if the race was a stronger bond than even thai of blood. Hence ever} thing « hich t«-n. !••< i to lin-.-ik down or weaken tin- bond was naturally regarded as treason. When the Hebrews settled in Canaan and absorbed :■ large Canaanitish population an. I fell li<-ir in time to the high places and institutions of the native races, the *rr of thy lip: The vs. in it- pr< probably dary, but it may well r e pr e s e nt an earl} Ephraimite duplicate ol 97 Dt. 5 7 ] CRIMES AGAINST JEHOVAH Deuteronomic Codes Conse- Dt. 5 7 Thou shalt have no other gods f besides 8 me. quences g I4y e shall not go after other gods, — the gods of the peoples that are loyalty round about you h — 15 for Jehovah thy God who is in the midst of thee is a jealous God; take heed lest the anger of Jehovah thy God be kindled against thee, and he destroy thee from off the face of the earth. 8 19 If thou shalt forget Jehovah thy God and shalt follow after other gods, and serve and worship them, I solemnly warn you this day that ye shall surely perish. 20 As the nations that Jehovah maketh to perish before you, so shall ye perish, because ye would not harken to the voice of Jehovah your God. 30 17 If thy heart is rebellious and thou dost not take heed but art drawn away, and worship other gods, and serve them, 18 I declare to you this day, that ye shall surely perish; ye shall not enjoy long life in the land which thou art passing over the Jordan to go in to possess. 1 11 16 Take heed to yourselves, lest your heart be deceived, and ye turn aside, and serve other gods, and worship them, 17 and the anger of Jehovah be aroused against you, and he shut up the heavens, so that there shall be no more rain, and the land yield not its produce, and ye perish quickly from off the land which Jehovah is about to give you. 26 Behold, I set before you this day a blessing and a curse : 27 the blessing, if ye will heed the commands of Jehovah your God, which I command you this day; 28 and the curse, if ye will not heed the commands of Jehovah your God, but turn aside out of the way which I command you this day, in order to go after other gods, which ye have not known. Proced- 17 2 If there be found in the midst of thee, within any of thy cities which punish- Jehovah thy God is about to give thee, a man or a woman, who doeth that jngdis- which is evil in the sight of Jehovah thy God, in transgressing his covenant, to Je- 3 and hath gone and served other gods and worshipped them, or the sun, or ova the moon, or the host of heaven, which I have not commanded, 4 and it be re- ported to thee and thou hast heard of it, then shalt thou investigate thoroughly, and if it prove to be true and be established that such abomination hath been committed in Israel, 5 then thou shalt bring forth that man or woman, who hath done this evil, to thy gates, even the man or the woman; and thou shalt stone them to death. 6 On the testimony of two or three witnesses shall he who is condemned be put to death. He shall not be put to death on the testimony of one witness. 7 The hand of the witness shall first be raised against him to put him to death, and then the hands of all the people. Thus thou shalt purge the evil from thy midst. ' Dt. 5 7 The Heb. may also be translated pod. So Luc, Targ., and Gk. A. e Dt. 5 7 The duplicate of Ex. 20 3 . The Heb. expression which means lit. in my face, or in my presence, or before my face, is translated as above in accord with its obvious meaning in Gen. 28 9 , 31 50 , Lev. 18 18 , where it signifies to have a rival. In Job l u , 21 31 , Is. 65 3 it means before or openly. The command appears to demand that Jehovah's people shall give him the first place in their hearts, but also that they shall pay fealty to no other rival deity. '■ Dt. 6" The late prophetic addition in Ex. 23 24 - 25 repeats the injunctions of Dt. 6 14 and 8 19 . ' Dt. 30 17 ' I8 In view of their awkward connection with the context it seems probable that these vss. belong to a secondary section of the book of Dt. 98 APOSTASY [Dr. ]:;' § .58. Apostasy, Dt. 13 1 - 18 Deuieronom ic Codes I)t. 13 l H there arise in the midst of lliee a prophet, or one who dreams Death dreams, and lie give thee a sign or portent, -and the Sign <>r portent come to f,",' r n -m' v pass, in connection with which lie spoke to thee, saying. Let IIS go after other ; 'i">- gods w Inch fliiiu hasl not known, and let US serve tlieni; ; thon shall not listen proph- to the words of that prophet, or to that one who dreams dreams; tor Jehovah your (lod is testing you to know whether ye love Jehovah your God with all your heart and with all your soulJ 4 Ye shall follow Jehovah your God and fear him, and keep his commands, and obey his voice, and ye shall serve him, and remain true to him. k That prophet or that one who dreams dreams shall he put to death, because, against Jehovah your God, who brought you out of the land of EgypI and redeemed thee out of the condition of slavery, he hath spoken treason, 1 in order to draw thee aside out of the way in which Jehovah thy God commanded thee to walk. Thus shalt thou purge away, the evil from thy midst. ''If thy brother, the son of thy mother, or thy son, or thy daughter, or the Even wile of thy bosom, or thy friend, who is dear to thee as thy own soul, should °™ entice thee secretly, saying. Let us go and serve other £:od>, which neither relative thou nor thy father hast known, 'certain of the gods of the surrounding friend peoples, either near thee or far from thee, from one end of the earth to the other,'" "thou shall not yield nor listen to him, nor show pity to him. neither shalt thou span- him, nor shalt thou hide him from justice, ''but thou shalt surely kill him; thy hand shall be first raised againsl him to put him to death, then the hands of all the people. "'And thou shalt stone him to death, because he hath sought to draw thee away from Jehovah thy God, who brought thee out of the land of Egypl when thou wast a slave. "Thus all Israel shall hear and tear, and shall never again do any such wickedness as this is in thy midst. '-If thou shalt hear this report regarding one of thy cities, which Jehovah \n is about to give thee in which to dwell : l:; ( 'ertain f ellows have gone out from ','.',',',','"" thy midst and have drawn away tin' inhabitants of their city, saying. ' Let {""V!" us go and serve Other gods." which ye have not known, M thcn thou shall inquire and investigate, and carefully ascertain the facts. If it prove true ^ ,,',!' and be established thai such an abomination hath been committed in thy •»**»- midst, '''thou shall surely put the inhabitants of thai city to tin- sword, de- stroying il Utterly and all thai is in it." "'And thou shall gather all its spoil 5 ">s Religious f-deeeived, have been from time im- memorial, the bane of the Bast, which is always attentive to the man of fhe "pint. From the : A li.i I . . 1 Kgs. 22, until the days <>f Nehemiah these false prophets were not onb mis- leading the people, bu< also undermining the influence '>f the true men of God, In the days nf Jer, thej bave been most common and active. i Di. 13 i' udder trail ition to the plural perhaps indicates that these vss. are a later insertion. The . 1 I :; i ii . ii beUion. '" !.;• Tin- reference is primarily t" the Vssy. and Hal., cults which came in ■luring tin' of Manasseh an. I the exile. The Heb. has 1 1 > . - plural in the first part ..i the vs. u i;; 1 ' So Gk. The Heb. a. I.N awkwardly, "'ul \' male or female, '"the likeness of any beasl thai should is on the earth, the likeness of any winged^bird thai flieth in the heavens,] l8 the likeness of anything thai creepeth on the ground, the likeness of any fish that is in the water under the earth: 19 and lesl thou lift up thine eyes to heaven, and w hen thou scot the -un and the moon and the -tar-, even all the hosl of heaven, thou he draw n away and worship them, and serve these objects which Jehovah thy God hath allotted to all the peoples under the whole heaven. -"Hut you Jehovah hath taken and brought forth from the iron furnace, out of Egypt, that you may be a people, his own inheritance, as you now arc. -''Moreover Jehovah was angry with me because ofyou, and SWOre that 1 should nol go over the Jordan and that I should not go in to that good laud, which Jehovah thy God giveth thee as an inheritance; —hut 1 must die in this land, I cannot go over the Jordan: hut ye shall go over and possess that good land. 23 Take heed l<> yourselves, lesl von forgel the cove- nant of Jehovah your God, which he made with you. and make for yourselves a graven image in the form of anything which Jehovah thv God hath forbid- den thee. -'For Jehovah thy God i- a devouring tire, a jealous God ! -'When children, and children's children shall he horn, and ye shall have i been long in the land, and shall corrupt yourselves, and make a graven J, 1 ,'.',",.^,^. image in the form of anything, and shall do that which is evil in the Bight of f " r Jehovah thy God, t<> provoke him t<> anger, -'I call heaven and earth to witness againsl you this day. thai ye shall soon perish completely from the land w hah ye are cr, ( j nL r over the Jordan to possess; v e shall not remain many years upon it, hut shall he completely destroyed. ^Jehovah will also scatter you among the peoples, and only a small number of you shall he left among the nation-, among whom Jehovah shall lead you away. -\\nd there ve shall serve gods, the work of men's hand-, wood and -lone, which neither see nor hear nor eat nor smell. 1 l)t. i_" /. ... worship him .-it ill.' same plaoee and with the " l". i ' I!"- an. I die Following \ . ni-,. belong t" a later stratum in the Deuteronomic mi Lev. 19 4 ] CRIMES AGAINST JEHOVAH Holiness Code Jeho- Lev. 19 4 Turn not to idols, v nor make for yourselves molten gods : I am ^„t' Jehovah your God. idols, 26 l Ye shall make you no idols, nor shall ye erect for yourselves a graven true image or a pillar, nor shall ye set up any figured stone in your land, to bow crfwor- down to it : for I am Jehovah your God. ship § 60. Sorcery and Divination, Ex. 22 18 , Dt. 18 9 - 14 , Lev. 18 3 . v -, 20 23 - 27 , 19 26b - 31 , 20 6 Primitive Codes Death Ex. 22 18 A sorceress shall not live. w for the sorcer- ess Deuteronomic Codes No Dt. 18 9 When thou comest into the land which Jehovah thy God is form of aDou t t gj ve thee, thou shalt not learn to imitate the abominations of these then nations. 10 There shall none be found with thee who maketh his son or his stition daughter to pass through the fire, or who obtaineth oracles by lot, or a diviner, a toler- or one wno observeth omens, b or a sorcerer, u or a charmer, or a medium, ated or a wizard, or a necromancer. 12 For whoever doeth these things is an abomination to Jehovah; and because of these abominations Jehovah thy God is driving them out before thee. 13 Thou shalt be perfect with Jehovah thy God. 14 For these nations, that thou shalt dispossess, give heed to those who practice augury and to diviners; but as for thee, Jehovah thy God hath not permitted thee so to do. Holiness Code To Lev. 1 8 3 Ye shall not imitate the customs of the land of Egypt, in which aUhea- ) 7e dwelt, nor the customs of the land of Canaan, whither I am bringing you; then neither shall ye follow their established usages. 24 Defile not yourselves in toms any of these ways, for in all these ways have the nations which I am casting out from before you defiled themselves. 20 23 And ye shall not follow the established usages of the nations/ 1 which I am casting out before you; for they did all these things; therefore I abhorred them. Death 27 A man or a woman who is a medium or a wizard shall surely be put to all medi- urns and v Lev. 19 4 Or, do not regard unreal gods; lit., unreal thing. The later priestly writers wizards frequently use this contemptuous term as a synonym of idol. § 60 In I Sam. 28 9 it is stated that Saul drove out the wizards and mediums from his kingdom, but in his last extremity Israel's first king is represented as resorting to one of the representatives of the occult arts. The better sense of Israel's prophets and lawgivers re- volted against these survivals of a heathen past, as did also the more enlightened leaders of Assyria and Greece. The sorceress with her evil craft probably represents these cults in the primitive codes; but in Dt. they are all classed together and placed under the ban of divine disapproval. w Ex. 22 18 R. V., thou shalt not suffer a sorceress to live, but the above trans, is supported by the Heb., and the fact that the second person is not used in the context of the civil deca- logues, cf. Introd., p. 23. a Dt. 18 10 The exact form of divination is not known. Possibly it was by examining the form of the liver of sacrificial animals, as among the Babylonians and many ancient peoples. b Dt. 18 lu Probablv the flight of birds. c Dt. 18 u Gk., ventriloquists, cf. I Sam. 28. d Lev. 20 2 3 So Sam., Gk., Syr. and Targ. Heb., nation. 102 SORCERY AND DIVINATION [Lev. i "Holiness Code to death; ye shall stone them 6 ; they shall be responsible f<>r their <>\\n death- 1 J) - (,,, Ye shall not practise augury or divination. :;l Tuni ye nut t" those who arc mediums or wizards; aeek them nut oul to be defile(l by them: I am Jehovah your God. SO 8 Agains1 the person who turns to those who are mediums or wizards, to practise apostasy' with them, I will indeed sel mj face, and I will cut him off from among his people. §61. Sacrifice of Children to Heathen Gods, l)t. 12 MJ1 , 18 10 *, Lev. is ■. ,m»- - D enter onomic Codes Dt. 12 -'-'When Jehovah thy God shall cut off the nations from before Not to thee, which thou art going in to dispossess, and thou basl dispossessed j™^ them and dwellesl in their land, ''"take heed to thyself that thou he not en- bideoua snared after them, when they have lieen destroyed from before thee, and that thou inquire not after their gods, saying, How do these nations serve their gods? even so will I do likewise. ;il Thou shall not do thus to Jehovah thy God; because every abomination which Jehovah hateth have they done to their gods; for even their sons and their daughters do they burn in the tin- to their gods, 18 l0a None who maketh his son or his daughter to pass through the lire shall he found with thee. Priestly ( 'odes Lev. 18 21a And thou shall not give any of thy offspring to make them Death pass through the fire tO Molech. 20 -Moreover, thou shall >a\ to the penalty Israelites, Any one of the Israelites or of the aliens who reside in Israel, who giveth of his offspring to Molech. shall surely be put to death ; the people of the land shall stone him. 8 ;i I will also turn against 11 that man and will cut him off from among his people; because he hath given of his offspring to Molech, to defile my sanctuary and to profane my holy name. 'And If the people of the land do at all shut their eyes to thai man's doings, when he giveth of his offspring to Molech. and fail to put him to death, 'then 1 will turn against thai man and his family, and will cut him off, and all from among their people who follow after him to practice apostasy' with Molech. ■ Lev. -'(>'■ So Gk. Heb.. they ahail be atoned. 'Le> !0« Lit., ploy the harlot after, i. «., be disloyal to Jehovah. § i'i Hun ippa-ently a oommou praotioe among the ancient inhabit of Palestine, [he manj keleton of children round in the temple precincts of 1 1 1« - ruins :■' hi. I Taanach and the frequent allusions in ii in the < ' T confirm tl>i~ conjecture, I he ancienl Hebrews shared the Canaanitish belief that every first-born ehUd belonged i" the in the time of calamity the firsl impulse in tin- minds of the i pic was to wi hovah't favoi bj human sacrifice, Mi. 6 7 , When heathen influence was strong, a- in il»' days ■ it \ In/ and Manasseh, the same barbarous practice came into rogue. In the valley of I limn mi to the south of Jerusalem the Hebrews had been won! to burn their tone and their daugl ire Jer. 7 ' , 10 r [06 rhese reference uggest, however, thai the crime immitted in the later days only in the name of Baal or Molech (or Milk. Kino). The expression, to mal e i<> paee through the fire, appean to refer to the same ritr. probablj designatr ing Bome peculiar form \\ shall we recognize the message i>stof which Jehovah hath nol spoken? 22 then know thai if a prophet ^pi-ak in pV.VpL- the name of Jehovah, and the prediction be not fulfilled, follow not, nor 60 * come to pass, that it is a prediction which Jehovah hath nol Bpoken. The prophet hath spoken it presumptuously; thou need nol !><• afraid of him. §64. Desecration of Sacred Things, Lev L9 , .' .' , Nu. is--, 3 :,M \ 4 17 - 20 Lev. 7 : °. :1 Holiness Code Lev. 19 30b Reverence my sanctuary: I am Jehovah. Temple 22 :}1 'It'"' any man among yourselves or your descendants approach the Exclu- holy things which the Israelites have consecrated to Jehovah, having hisajjjbui uncleanness upon hiin, thut one shall be cut oil' from my presence : I am ^L*. Jehovah. Priestly Codes Nu. 18 —Henceforth the Israelites sliali nol come near the tent of meeting, lest they bear the consequences of their sin and die. Supplemental Priestly Codes Nu. .'$ 38b The stranger that cometh near the dwelling shall be put to death. Death 4 17 And Jehovah spoke thus to Moses and Aaron, ls ('ut ye nol off the penalty tribe of the families of the Kohatliites from among the Levites; l9 but thus d>> to them, that they may live and not die, when they approach the mosl holy things: Aaron and his sons shall go in, and appoint each of them to his service and to his burden; -"but they shall not go in to see the holy things even for a moment, lest they die. Priestly ( 'odes Lev. 7 -"One whoeateth of the flesh <>f the peace-offerings which belong Penalty to Jehovah, having his uncleanness upon him, shall be cul off from hi> people. iSt£«" •-''And when any one toucheth an unclean thing, the uncleanness of man, <>r "acred 1 1 ' • 111 '""'' an unclean beast, or any unclean swarming creature," and ealeth 01 the flesh of the sacrifice of peace-offerings, which belong to Jehovah, thai one shall be cut oil' from his people. I 65. Labor on the Sabbath, Ex. S4 a , 28" [20 1 "]• I M 5" ' . Lev. L9 ' ' ',2fl \ Ex. SB 9 *, SI 1 " ,r , Nu. 1J"- 38 Primitive Codes Ex. -i • -'Six days thou shalt work, but ' peculiai t" tin 1 exilic and post-exilic codes hi which tin- sanctity "f holy thing iUj emphasised, 1,1 !.i-\ 22 \ scribe ha-^ appended, Sap to tin * Lev. 22 ■'' I it., throughout your generation*; this is evidently :i si' Lev. 7 21 Bo the ■ Nor until it was made a religious institution bj later Judaism, was labor on thai day punished 105 Ex. 23 12 ] CRIMES AGAINST JEHOVAH Primitive Codes 23 12 Six days thou shalt do thy work, but on the seventh thou shalt rest, that thine ox and thine ass may have rest, and that the son of thy female slave and the resident alien may be refreshed. Deideronomic Codes Conse- Dt. 5 12 Observe the sabbath day to keep it holy, as Jehovah thy God torest commanded thee. 13 Six days thou shalt labor, and do all thy work; 14 but for , the seventh day is a sabbath to Jehovah thy God; in it thou shalt do no work, work- tii ing thou, nor thy son, nor thy daughter, nor thy male or female slave, nor thine ancf ox > nor thine ass, nor any of thy cattle, nor the alien who resideth within thy man city, that thy male and female slave may rest as well as thou. 15 Thou shalt also remember that thou wast a slave in the land of Egypt and that Jehovah thy God brought thee out from there by a mighty hand and an outstretched arm; therefore Jehovah thy God commanded thee to keep the sabbath day. p Holiness Code To be Lev. 19 3b Ye shall keep my sabbaths: I am Jehovah your God.Q fully 26 2a Ye shall keep my sabbaths and reverence my sanctuary. kept Priestly Codes Death Ex. 35 2 Six days shall work be done; 1 " but on the seventh ye shall have who" 6 a ^ a y consecrated to Jehovah, a sabbath of complete rest; 8 whoever doeth labors an y work in it shall be put to death. 3 Ye shall kindle no fire in any of your hovah's dwellings on the sabbath. day Supplemental Priestly Codes Sab- Ex. 31 13b Ye shall surely keep my sabbaths, for it is a sign between me the sign and you throughout your generations; that ye may know that I am Jehovah of the wno am sanctifying you.* 14 Ye shall keep the sabbath, therefore, for it is holy nant to you; every one who profaneth it shall surely be put to death; for whoever tween doeth any work in it, that one shall be cut off from among his people. 15 Six Jeho- (J a y S shall work be done, u but on the seventh day is a sabbath of complete and his rest, holy to Jehovah; whoever doeth any work on the sabbath, shall surely be peop e put to death. 16 Therefore the Israelites shall keep the sabbath, by observing the sabbath throughout their generations, as a perpetual covenant. 17 It is a sign between me and the Israelites forever, for in six days Jehovah made heaven and earth, and on the seventh day he rested and was refreshed. v Atra- Nil. 15 32 While the Israelites were in the wilderness, they found a man !rec°- al gathering sticks on the sabbath. 33 And those who found him gathering prece- dent as a crime. The traditional precedent of Nu. 15 32 " 36 is one of the latest additions to the Pen- tateuch. Cf. notes §§ 21GV217. p Dt. 5 12 - 15 The version of Ex. 20 8 " 11 is nearly identical. •> Lev. 19 3b This injunction is repeated in 20a . r Ex. 35 2 Gk. and Sam., shalt thou work. " Ex. 35 2 Or. cf. 16 2li and 31 15 , a day holy to Jehovah, a sabbath of solemn rest. 1 Ex. 31 13b , While these vss. have many of the idioms and ideas of the Holiness Code, they abound in the expressions peculiar to the later additions to the priestly codes. For an attempt to distinguish the earlier nucleus, cf. § 217. u Ex. 31 15 Gk., shalt thou work. vEx. 31 17 Cf. Gen. 2>. 3 . 106 LABOR ON THE SABBATH [NV. 15 33 Supplemental Priestly Codes sticks brought him l<> Moses and Aanm and t<> all the congregation. :;1 Aml they put him in confinement, because it had not Keen clearly explained what should he done to him. 3fi Then Jehovah said to Moses, The man shall surely he put to death: all the congregation shall stone him outside the camp. ""'So all the congregation led him outside th>- camp, and stoned him to death, as Jehovah commanded Moses. II CRIMES AGAINST THE STATK §<;<;. Bribery, Ex. 2S 8 , Dt MM"*, i Primitive Codes Ex. 23 8 Thou shalt take no bribe, for a bribe blindetih those who see, Pro- and perveiteth the cause of the righteous. bibatian Deuteriwoiitic Codes I)t. 16 l9b Thou shall not take a bribe, for a bribe blindeth the eyes of the wise and Bubvertetfa th<- cause of the righteous. 27 --'Cursed he he who taketh a bribe to condemn an innocent person. Publio And all the people shall say, So let it be. demo- tion §67. Perverting Justice, Ex. ^'5' ' •■ ; , Dt. lG ig * :o . Lev. l<) i:i <««i Prim dire ( 'odes Ex. 23 'Thou shalt not spread abroad* a false report. Do not enter Not to into a conspiracy with 1 ' a wicked man to he an unrighteous witness. -"I1k.ii l', 1 ""!",! shall not follow the majority in doing wrong. Thou shalt not hear testimony ' in a case, BO BS to pervert justice. :! Thou shalt not show partiality to a dm or poor man in his cause. ''Thou shall not prevent justice being | \ indicate'' a w icked man. Pi uteronomic < 'odes Dt. 16 ''''Thou shalt not pervert justice. Thou shall n,, I show par- ai tiality. ^Justice, an. I only justice shall thou follow, thai thou mayest live {^jjj and inherit the land which Jehovah thy Grod giveth thee. "> in- Crimes against the State. Sinoe in most oriminal offences Jehovah or else, m- in mur- iIit. the famih of the slain was regarded ai the plaintiff, f«-« misdemeanors were claaaed in llih. law as crimes againsl the itate, The] were limited implj to Lhoae aeti which endanger tin- integrity of the public tribunals, * Ex. 23' lie. take up. The lame word i- need in I 20 I I \ 23< I. it.. /■"' /'a/ li.iwl mill. Omitting the clause, fc turn aside after th« majority, which i" apparent!] bal repetition of the preceding olause. <;k.. %o at >" inn-ni lusf In., stay. I k. 23' Following the obviouslj superior reading of the *ik. and Sam. Lev. 19 15 ] CRIMES AGAINST THE STATE Holiness Code Lev. 19 15 Ye shall do no injustice in rendering a judicial decision. Thou shalt not show partiality to the poor nor have undue consideration for the powerful; but justly shalt thou judge thy neighbor. § 68. Perjury, Dt. 5 20 [Ex. 20 16 ], Dt. 19 16 - 21 , Lev. 19 12 Deuteronomic Code Pro- Dt. 5 20 Thou shalt not bear false witness against thv neighbor. i i ion jg i6jf a ma li c i ous witness stand up against a man to accuse him of ment to treason, 1/ then both the men who have the dispute shall stand before Jehovah, spond before the priests and the judges who shall be officiating in those days; 18 and to the the judges shall thoroughly investigate, and should it prove that the witness of the is a false witness, and hath testified falsely against his fellow countryman, test!- 19 then shall ye do to him, as he had purposed to do to his fellow countryman; mony thus shalt thou purge away the evil from thy midst. 20 And those who re- main shall hear and fear, and never again do any such evil in thy midst. 21 Thou shalt show no pity; life for life, eye for eye, tooth for tooth, hand for hand, foot for foot. Holiness Code Lev. 19 12 Ye shall not swear by my name falsely, so as to profane the name of thy God : I am Jehovah. § 69. Deliberate Defiance of the Law, Dt. 17 12 ^ 13 , Nu. 15 30 . 31 Deuteronomic Codes Death Dt. 17 12 Should a man act so presumptuously as not to hearken to the penalty priest who standeth to minister there before Jehovah thy God, or to the judge, that man shall die; thus thou shalt purge away the evil from Israel, 13 sothat all the people may hear, and fear, and never again act presumptuously. Priestly Codes Nil. 15 30 A person who acts wilfully, whether he is a native or a resident alien, the same blasphemeth Jehovah; and that one shall be cut off from among his kinsmen. 31 Because he hath despised the word of Jehovah and hath broken his command, that one shall utterly be cut off; he shall bear the consequences of his iniquity. § 68 Here the penalty enjoined in the Deuteronomic codes and that of Hammurabi is substantially the same: § 3 // a man has borne false witness in a trial, or has not established the statement that he has made, if that case be a capital trial, that man shall be put to death. § 4. // he has borne false witness in a civil law case, he shall pay the damages in that suit. § 69 The law in Dt. 17 12 - 13 deals simply with a case which had been decided by the cen- tral tribunal at Jerusalem. 106 AIM LTERY [Dr. 5 18 III CRIMES AGAINST MORALITY AND DECENCY §70. Adultery, Dt. 5" [Ex. 2Q l( \, D Lev. 18 Nn 5 1,b . 13 ». ». 15 , '"• 2 ', 23 - 2t . :9 *. 27b . 3I I)i hi, ronomic < '<>ilt s Dt. ."> ,v rh(,ii shall not commit adultery. JY: J limit ion 22 --'If ;i iii.ui be found lying with a married woman, they shall r»« it li of Death them die, the man who lay with the woman and 1 1 1 < - woman; thus shall thou !!,'.',',.,], v purge away the evil from Israel. -'• ; If m man find in the city ;i young woman who is a virgin betrothed to Uaoin a husband, and lie with her. 24 then ye shall 1 >ri 1 1 <^ them both oul to 1 1 ■< - gate !,y^_" f of that city and stone them to death, the damsel because she did not cry out, »>-••**»*-< i although she was in the city, and the man because he bath seduced his neighbor's wife; thus shall thou purge away the evil from thy midst. Holiness Code Lev. 18 ^Thou shall not enter into illicit intercourse with thy neighbor's Later wife to defile thyself with her. pr° hi " 130 '"It a man commit adultery* with his neighbor's wife, the adulterer as well as the adultrcss shall be put to death. Priestly Codes Nn. 5 t2b If a man's wife turn aside 8 and is unfaithful to him, ,:; '' ' and a Proced- maii enter into illicit relations with her and it he hid from her husband, and JlfL'"* then- lie no witness against her and she lie not caught in the act. ''then the ■ sua- man shall take hi- wife to the priest, and shall bring an offering for her, the tenth pari of an ephah of barley meal: he shall pour no oil upon it nor put frankincense on it. for it is a cereal offering of jealousy, a memorial cereal- offering, bringing iniquity t<> remembrance. I8 Then the priest shall place the woman before Jehovah, and loo-en the hair of the woman's head, and put in her hands the memorial cereal-offering, which i- the cereal offering of jealousy, and the priest shall hold in his hand the water of bitterness which causetb the curse. "Then the priest shall make the woman swear with the oath of execration. The — — oath "f 5 7n Most primitive people dealt ely with the crime of adultery. Thus I code of Hammurabi decrees thai '"" , 29 / ■■ ' lying with another, the)/ thali /><• etrangled and ■ ,/ would go ■ ■ ■vant. The aim in .-ill these laws was clearlj irity "f thr family and clan. The lax "f public opinion and modern lawn in dealing with this hid i" <i the ancient* who classed it with murder. 'I.i-v.-ju" \ scribe has added by mistake, with anotherman't ■ who committeth adulU lu for the reasons for ili«' analysis here presented This lav is one of the earlier sections of the priestlj codes, but it evidently reprodi torn. log Nu. 5 21 ] CRIMES AGAINST MORALITY Priestly Codes and the priest shall say to the woman, Jehovah make you an execration and an oath among thy people, when Jehovah causeth thy thigh to fall awav, and thy body to swell. 23 Then the priest shall write these execrations in a book, and he shall wipe them off into the water of bitterness, 24 and he shall make the woman drink the water of bitterness that causeth the curse, so that the water that causeth the curse may enter into her and become bitter. 26a The priest shall also take a handful of the cereal-offering, as its memorial- offering, and burn it upon the altar. 27b Thus the woman shall become an execration among her people. 31 The man shall be free from guilt, but that woman must bear her own guilt. § 71. Illicit Intercourse, Lev. 19 20 - 22 Holiness Code Proced- Lev. 19 20 If any man lieth carnally with a woman, who is a slave, be- P re , trothed to another man, but who has in nowise been redeemed nor given case of her freedom, there shall be a judicial inquiry, but they shall not be put to trothed death, h because she was not free. female slave priory Codes Lev. 19 21 The man shall bring his guilt-offering to Jehovah, to the entrance of the tent of meeting, a ram as a guilt-offering; 22 and the priest shall make atonement for him with the ram of the guilt-offering before Jehovah for his sin which he hath committed; then the sin which he hath committed shall be forgiven him. § 72. Unlawful Marriage, Dt. 22 30 , 27 20 . 22 - 23 , Lev. 18 918 , 20". 12 - ". »■ 20 . 21 Deutewnomic Codes With Dt. 22 30 A man shall not marry his father's wife, and shall not uncover mother ms father's skirt. Public 27 20 Cursed be he who lieth with his father's wife, because he hath un- demna- covere d hi s father's skirt. And all the people shall say. So may it be. tionof 22 Cursed be he who lieth with his half-sister, the daughter of his father, incest or the daughter f n j s mother. And all the people shall say, So may it be. 23 Cursed be he who lieth with his mother-in-law. And all the people shall say, So may it be. Holiness Code With a Lev. 18 6 None of you shall approach any who are closely related to him, mother to uncover their nakedness : I am Jehovah. 7 The nakedness of thy father sister an{ J the nakedness of thy mother, shalt thou not uncover; she is thy mother; h Lev. 19 20 Or, he shnll be examined, but he shall not die. § 72 The Hammurabi code is in part parallel to the O.T. laws: § 157 If a man, after his father's death, has lain in the bosom of his mother, they shall both oj them be burnt together. § 158 // a man. after his father's death, be caught in the bosom of his step-mother, who has borne children, that man shall be cut off from his father's house. 110 INLAW]'! J, MARRIAGE [Lev. is Holiness ( 'ode tlinii shall noi uncover her nakedness. The nakedness of thy father's wife Bhall thou noi uncover: it is thy father's n.-ik<t' thy mother, 1 whether born :it home <>r away, her nakedness thou shall n<>t uncover. '"The nakedness of thy son's daughter «>r of thy daughter's daughter, their with ■ nakedness thou shall noi uncover, for their nakedness [s thine own. "The SEugh- nakedness of thy father's wife's daughter, begotten of thy father, who is thy "'■"• sister, her nakedness thou shall not uncover. '-'Thou shall noi uncover daugh- the nakedness of thy lather's sister; Bhe is thy father's near kinswoman, i:',^.",'^ 1:; 'l'hou shall Ik it uncover the nakedness of th\ mother's sister, for Bhe is thj mother's near kinswoman. l *Thou shalt not uncover the nakedness of thy father's brother, thou shall not approach his wife. Bhe is thine aunt. Thou Bhall not uncover the nakedness of thy daughter-in-law ;J she is thy son's w itV; thou shalt noi uncover her nakedness. '''Thou shalt not uncover the naked with ness of thy brother's wife; it is thy brother's nakedness. ''Thou .shalt noi ,,",,'!, J„ :, r uncover the nakedness of a woman and her daughter; thou shall not lake : \ u,i , 1 • 1 1 . 11-11 1 II flMIgh- ner suns daughter, or tier daughters daughter, to uncover her nakedness; ter.or they are thy near kinswomen; it is unchastity. l8 And thou shall not take Su*- a woman as \oiir wife in addition to her sister, to he her rival, to uncover " r '"" her nakedness, beside the olher in her lifetime. sisters Lev. 20 l! A man who lieth with his father's wife has uncovered his fa-Penal- ther's nakedness: both of them shall surely lie |>ut to death; th<\ shall lie responsible for their own death. '-'And if a man lies with his daushter-in- ',"' 1 ^ fur law, l>o|h of them shall surelv he put to death: they have done what is nn - >.f natural: they shall be responsible for their own death. 1 'And if a man takelh a w ife and her mother, it is unchastity : lhe\ shall he burnt with lire, both he and they, that there may he no unchastity among you. ''And if a man shall lake his sister, whether his father's daughter, or his mother's daughter, 1 * he hath uncovered his sister's nakedness; he shall bear the consequences of his iniquity. *° And if a man shall lie with his uncle's wife, he hath uncovered his uncle's nakedness; they shall bear the consequences of their sin; they shall die childless. -'And if a man shall take his brother's wife, it is impurity; he hath uncovered his brother's nakedness; the] shall be childless. | 7:!. Sodomy, Lev. is Holiness Code Lev. Is Thou shall not lie with a man, as with a woman: il is an i abomination. bibitkM J»Cf. | :\ noted. ' I' corresponding Ian "f Hammurabi reada: { 156. // a man ha* hrtrothrd a maiden to )>>* mm and hi* eon hot known her, and afterward thr man ha* tain in hrr boeom, and '■■ 'hut man ahull be etrangled and thr ahull hr eoM into thr water. 1 I Heb. .I'M- m supplemental note providing for the punishment <>f both. iiml si •■ her noJcedneee, and the let hie noJcedneee, it ie •• diegraee: and men 'hull be rut ■ On- sitihi i>i ti r ;<<■"/''''• Lev. 20" 1 nil thou ehait imi nj thy mother's sn.hr. nor <>/' thy j'iih,r'n muter, fur he ulm doet thie hat made na/n near kin; they thall bear the eoneequeneei of thetr iniquity is alio mm ewkward gloss differing in style from il"' i text. $7:1 lor tlir orium ol the term todomy, of. Qen. 19**. In antiquity it was apparently a OOmmOD crime. 1 I 1 irrns Lev. 20 1:? ] CRIMES AGAINST MORALITY Holiness Code Death 20 13 If a man lieth with a man, as with a woman, both of them have com- penalty netted an abomination; they shall surely be put to death; they shall be responsible for their own death. § 74. Bestiality, Ex. 22'\ Dt. 27 21 , Lev. 18 23 - 25 , 20 15 . 16 , 18 19 , 20 18 Primitive Codes Ex. 22 19 Whoever lieth with a beast shall surely be put to death. Deuleronomic Codes Death Dt. 27 21 Cursed be he who lieth with any manner of beast. And all the penalty P eo pl e shall say, So may it be. Holiness Code Later Lev. 1 8 23 And thou shalt not lie with any beast to defile thyself with it, bLtions nor shall any woman stand before a beast, to he down to it; it is unnatural. 24 Defile not yourselves in any of these ways for in all these ways the nations, which I am casting out before you, defiled themselves; 25 thus the land became defiled and I visited its guilt upon it and the land cast forth its inhabitants. 20 15 If a man lieth with a beast, he shall surely be put to death and ye shall slay the beast. 16 And if a woman approach any beast to lie down with it, thou shalt kill the woman and the beast; they shall be put to death; their blood shall be upon them. 18 19 Thou shalt not approach a woman to uncover her nakedness as long as she is impure through her monthly uncleanness. 20 18 If a man shall lie with a woman having her sickness and shall un- cover her nakedness, 1 both of them shall be cut off from among their people. § 75. Prostitution, Dt. 23 17 - 18 , Lev. 19 29 , 21 9 Deuleronomic Codes Prohi- Dt. 23 17 None of the Israelitish women or men shall become a temple of tlon prostitute." 1 18 Thou shalt not bring the hire of a harlot or the wages of such temple a <\ „ into the house of Jehovah thy God for any vow, for both these are an prosti- " tutes abomination to Jehovah thy God. n Holiness Code Penalty Lev. 19 29 Profane not thy daughter by making her a harlot, lest the land priest's faN l nto harlotry, and the land become full of unchastity. daugh- 21 9 If the daughter of a priest profaneth herself by playing the harlot, she profaneth her father; she shall be burnt with fire. 1 Lev. 20 1S The Heb. adds what is probably a supplemental gloss, he has laid bare her fountain and she has uncovered the fountain of her blood. m Dt. 23 17 The current rendering, sodomite is incorrect. » Dt. 23 17 - I8 . Heb., 23 18 . 19 . 112 ter [NDECENT ASSAULT [Dr. 25 11 §76. Indecent Assault, Dt 26". " Deuteronomic ( 'odea Dt. !.~> "When men strive with one mother, and the wife of the one Penalty draweth near to deliver lier husband iron; the one who is attacking him, and ',""' lia " puttetfa forth her band, and taketh him by his private members, l2 thou shall in! off tier hand; thou .shall show no pity. §77. Interchange of the Dress of the Sexes, Dt .' Deuteronomic < 'odea Dt. 22 'A woman shall net wear any article pertaining to a man. neither Prohi- all a man put on a woman's gan abomination to Jehovah thy Grod. sliall a man put on a woman's garment, foi whoever doeth these things is an §78. Unnatural Mixtures, Dt. ~H° ■", Ixw. 19" Deuti ronomic ( 'odea Dt. 'I'l ''Thou shall not sow thy vineyard with two kinds of seed, lest the Prohi- whole be forfeited to the sanctuary; the seed which thou hast sown, and the increase of the vineyard. "'Thou shall not plough with an o\ and an a-- ( ( ,- gether. "Thou shalt not wear Stuff made of mixed wool and linen. Holinesa Code Lev. 1 U '''Ye shall keep my statutes. Thou shall not let thy cattle breed I with a different kind. Thou shall not sow thy field with two kind- of seed, ' U \ A \[ '"' and thou shall not wear a garment of mixed goods. §7!). Kidnapping, Ex. 21", Dt. 24 1 Primitive Codea EXi '! 1 "'He that Stealeth a man. and selleth him. or if he still he found Death in his hand, the thief shall surely he put to death. penalty Deuteronomic ( 'odea Dt. 24 'If a man he found stealing any of hi- fellow [sraelites, and he treat him a- a slave or sell him. then that thief shall die; thus -hall thou purge away the e\ il from thy mid-1 . § 76 This i-< ili<' urn' case in which the Heb. law countenance! 'In- mutilation "f the cut l he ruin i- t Thf Code "f Hammurabi is equally ievere in punishing tin''* heinous crime: 5 14. // it man hat itolen •< child, hi- ahull In put to death. 5 lo. // ■' man hat induced either « malt <>r female slave from the houee of > death. LIS Dt. 5 21 ] CRIMES AGAINST MORALITY § 80. Covetousness, Dt. 5 21 [Ex. 20"] Devteronomic Codes Prohi- Dt. 5 21 Thou shalt not covet thy neighbor's wife, neither shalt thou de- sire thy neighbor's house, his field, or his male or female slave, his ox, or his ass, or anything that is thy neighbor's. § 81. Lying, I^ev. 19 llb Holiness Code Prohi- Lev. 19 llb Ye shall not he to one another. bition IV CRIMES AGAINST THE PERSON § 82. Dishonoring Parents, Ex. 21 15 . " [20 12 , Dt. 5 16 , 21 18 - 21 , 27", Lev. 19 3 \ 20 8 ] Primitive Codes Penalty Ex. 21 15 He that striketh his father or his mother shall be put to death. treme 17 He that curseth his father or mother shall be put to death. in ex tremi cases § 83. Murder, Ex. 21 12 - 14 . 20 . » Dt. 5 17 [Ex 20 13 ], Dt. 19 1113 , Lev. 24 17 . 2Ib , Gen. 9 5 . 6 , Nu. 35 14 - 34 Primitive Codes Penalty Ex. 21 12 If a man strike another so that he die, the manslayer shall be ingto put to death. 13 If a man lie not in wait, but God deliver him into his hand, intent t jj en \ yr\\\ appoint thee a place to which he may flee. 14 If a man attack § SO The original injunction probably read, simply, thou shall not covet; the different codes have variously expanded it, in defining its application. Ex. 20 17 reads, Thou shalt not covet thy neighbor' s house, thou shalt not covet thy neighbor' s wife, nor his male or female servant, nor his ox, nor his ass, nor anything that is thy neighbor' s. Like the law of love in Lev. 19, it is one of the few enactments which define, as did Jesus, individual responsibility for the motives as well as the resulting acts. § 81 This law is in striking contrast to the oriental attitude toward telling the truth, which is expressed by the popular proverb, A lie is the salt of a man. §82 For the additional laws under this head cf. § 1. The Deuteronomic codes provide that the parents must present to the elders of the city a formal charge against their son, and then that the community stone him to death. The Holiness Code simply reiterates the in- junction of the primitive codes. For the corresponding regulations in the Code of Hammurabi, cf. note § 1. It also enacts that: § 195. // a son has struck his father, his hands shall be cut off. § 83' The Heb. laws aimed thoroughly to protect the innocent, as well as to punish the guilty. Each succeeding law sought more carefully to correct the abuses incidental to the pervading law of blood revenge and to guard only those who had committed unintentional mur- der. At the same time the responsibility for punishing a murderer is left not with the state but with the relatives of the slain. Cf. note § 53 for a discussion of the cities of refuge and Josh. 20 7 - 8 for the late priestly list of these cities. The detailed law in Nu. 35 14 " 34 is intro- duced in a very late priestly section, which, contrary to the earlier priestly codes, Nu. 18 20 - 24 , assigns forty-eight cities to the Levites. The linguistic evidence also indicates that it is one of the latest additions to the O.T., cf. note § 160. 114 Ml RDEB [Ex. 21 M Primitive < 'odes another maliciously to Blay him by treachery, thou shah take bim From my altar, thai he maj be |>ui to death. -"If a man strike bis male <>r female slave with a stjek bo thai he a murderer: the murderer shall surely he put to death. '''The avenger of blood shall himself put the murderer to death; when he ineeleth him. he shall put him to death. -"If he pushed him through hatred, or hurled anything - at him insidiously, bo that he died, -'or in enmity smote him with his hand, so that he died, he who smote him shall surely he put to death: he i^ a murderer; the avenger of blood shall pul the murderer to death, w Inn he uieeleth him. i \u 35" Bo Ok. and Sam • \n ::.," s.i t;k. lie!., omits, anything. 1 I.". Nu. 35 22 ] CRIMES AGAINST THE PERSON Supplemental Priestly Codes In case 22 But if he pushed him inadvertently and not out of enmity, or hurled at cfdental nnn anything without lying in wait, 23 or cast at him, without seeing him, J 1 ?™- any stone whereby a man may die, so that he died, and he had not been his enemy nor sought his harm, 24 then the congregation shall judge between the smiter and the avenger of blood according to these ordinances. 25 Thus the congregation shall rescue the manslayer from the hand of the avenger of blood, and the congregation shall send him back to his city of refuge, whither he had fled, that he may dwell therein until the death of the high priest, who was anointed with the holy oil. 26 But if the manslayer shall at any time go beyond the border of his city of refuge, whither he fled, 27 and the avenger of blood find him without the border of his city of refuge, and the avenger of blood slay the manslayer, he shall not be guilty of blood, ^be- cause he should have remained in his city of refuge until the death of the high priest; but after the death of the high priest the manslayer may re- return to his own land. Safe- 29 These shall serve as a statute and regulative ordinance for you through - guards QU j. y OUr generations in all your dwellings. 30 In every case of murder the justice murderer shall be put to death on the testimony of witnesses; on the testi- order mony of but one witness, however, shall no one suffer death. 31 Moreover ye shall take no ransom for the life of a murderer who is guilty of death, but he shall surely be put to death. 32 And ye shall take no ransom for him who hath fled to his city of refuge, that he may return to dwell in the land, until the death of the high 1- priest. 33 So ye shall not pollute the land wherein ye dwell, 8 for blood especially polluteth the land, and no expiation can be made for the land for the blood that is shed therein but by the blood of him who shed it. 34 So ye* shall not defile the land which ye inhabit, in the midst of which I dwell; for I, Jehovah, dwell in the midst of the Israelites. § 84. Assault, Ex. 21 15 . 18 . 26 . 27 , Dt. 27 24 , Lev. 24 19 Primitive Codes Penalty Ex. 2 1 15 He that striketh his father or his mother shall surely be put to if vie- i .i timisa ueatn. parent I8jf men contend and one strike the other with a stone or a club, u and he jury in- do not die, but is confined to his bed, then, if he rise again, and can walk out iiTa 6 supported on his staff, the one who struck him shall be acquitted; only he fight must pay for the loss of the other man's time until he is thoroughly healed. Injury 26 If a man strike his male or female slave in the eye, so as to destroy it, slave he shall let him go free because of the loss of his eye. 27 If he knock out his r Nu. 35 32 So Gk., Sam., and Syr. The Heb. omits, high. » Nu. 35 33 So Gk., Sam., and Syr. The Heb. has no verb. * Nu. 35 34 So Gk., Sam., and Syr. The Heb. has, thou shall. u Ex. 21 18 Or, fist. So Gk.; but the Targs. interpret, club, and this is best supported by the context. § 84 For the corresponding detailed laws of Hammurabi cf. Appendix VI. In both the Heb. and Bab. systems the lex talionis is still in force, although the tendency to substitute a milder penalty is apparent, and always when the victim is a slave. 116 ASSAULT [Kx. Jl ■ Primitive Codes male or female servant's tooth, he shall lei him go fro because <»f the loss of his tooth. Devteronomic < 'odes Dt. 27 -''( !ursed be be thai smiteth his neighbor in secret. And all the Public people shall sa\ , So may it be. demna- ti'.n Holiness Code Lev. 24 ,!, If a man disfigureth his neighbor, as be bath done, so shall it Penalty be done to him. [", r ,""'- tilation §85. Personal Injury, Ex. 21 ' -• -■■'* Primitive Codes Ex. 21 28 If an ox fatally gore a man or woman, the <>\ shall be stoned i and its flesh shall not be eaten, bul the owner of the <>\ shall he acquitted. j{ „'.',',"., i -■'But if the ox was already in the hahit of goring, and it hath I. een reported ' "■ •'"' to its owner and he hath not ke|>t it in, with the result thai it hath killed a man OI a woman, the OX shall he stoned and its owner also shall be put to death. :! "If a ransom is fixed for him, he shall give for the redemption of his life whatever amount is determined. "''Whether the OX hath gored ,i DOJ or a girl, this law shall he executed.^ 32 If the ox gore a male or female servant, thirty silver shekels shall he given to their master and the o\ shall he stoned. --'If men Strive together and hurt a pregnant woman SO that she hath a Ifin- miscarriage and yet no harm to her result, he shall he fined, as the woman's [jjjjjj^ husband shall determine,* and he shall pay for the miscarriage. -' ; Hnt if p««- an\ harm follow, then ihoii shall give life for life. - M e\e for eye. tooth for woman tooth, hand for hand, foot for fool, -'hranding for branding, wound for wound, stripe for stripe. N I 86. Rape, Dt. 22»-» Devteronomic ( 'odes \){. 22 ''If a man find a young woman who is 1. .■frothed in the field Death and the man force her and lie with her. then simph the man who la\ with f *". r "i\i!- > her shall die, -''hnt thon shall do nothing to the voting woman: the voting ■ woman hath committed no sin worthy of death, for this case is as when a man atlacketh his neighbor and slayeth him. -''for he found her in the field, the betrothed young woman cried out, bul there was none to save her. • Tin' lawn "f Hammurabi are very similar: 5 251 I i " man's ox be n gorer, and hat r, vealed its < ml propensity m •< r/<»rrr. and hr lias not blunted Ue horn or shut »/> tin- ox, and then Unit .,/ hit death, the owner shall pay hall << mina of lilver. S 262. // U '•< ■' Slavs ih.it hoe been killed, * inn/ one third of 'i mina of mlnr. '!■' Lit., according '■> this judgment (or ruling) shall it !■< done t<< him. w l-:v. _'l Sln-loK correcting th< ted by Budde i Beb. con- struction i- verj doubtful. It may possible be translated, as tht -mine. 'Ex. 21 - I -i the omewhal imilai lawa of Hammurabi, cf. Appendix VI, {{ 209-214. 117 Ex. 22 16 ] CRIMES AGAINST THE PERSON § 87. Seduction, Ex. 22 18 - 17 , Dt. 22 28 - 29 Primitive Codes Penalty Ex. 22 16 If a man entice a virgin, who is not betrothed and lie with her, he must make her his wife by paying a dowry for her. 17 If her father re- fuse absolutely to give her to him, he shall pay money equivalent to the dowry of young girls. Deuteronomic Codes The Dt. 22 28 If a man find a virgin, who is not betrothed, and take hold of law* h er > an d ue with her, and they be caught in the act, 29 then the man who lay with her shall give to the girl's father fifty shekels of silver; moreover she shall be his wife, because he hath humbled her; he may not divorce her as long as he lives. § 88. Wronging the Defenceless, Ex. 22 21 - 24 , Dt. 24 Ma , 27 18 . 19 , Lev. 19 14 . 33 Primitive Codes Aliens, Ex. 22 21 Thou shalt not wrong nor oppress a resident alien, for ye were and or- aliens residing in the land of Egypt, y 22 Ye shall not afflict any widow or phans fatherless child. 23 If thou afflict them at all and they cry to me, I will surely hear their cry; 24 and my wrath shall be aroused, and I will slay you with the sword, so that your wives shall be widows and your children fatherless. Deuteronomic Codes Hired Dt. 24 14a Thou shalt not oppress a hired servant who is poor and needy. vants 27 18 Cursed be the one who maketh the blind wander out of the way. Blind And all the people shall say, So may it be. Public 19 Cursed be the one who perverteth the justice due the resident alien, demna- fatherless, and widow. And all the people shall say, So may it be. tion Holiness Code Deaf, Lev. 19 14 Thou shalt not curse the deaf, nor put a stumbling block and ' before the blind; but thou shalt fear thy God: I am Jehovah. 33 And if an aliens a li en make his home with you 2 in your land, ye shall do him no wrong. §89. Slander, Ex. 23 la , Lev. 19 16 Primitive Codes Prohi- Ex. 23 la Thou shalt not spread abroad a false report. bition Holiness Code Lev. 19 16 Thou shalt not go about as a tale bearer among thy people; nor shalt thou seek the blood of thy neighbor : I am Jehovah. § 88 Cf. note § 106. y Ex. 22 21 This vs. is in part duplicated in 23 9 , Thou shalt not oppress a resident alien, for ye know how a resident alien feeleth. since ye were aliens residing in the land of Egypt. « Lev. 19 33 So Gk., Sam., and Syr. Heb., thee. § 89 The Heb. codes suggest no definite penalty for tnis pernicious crime. Hammurabi's Code, however, is grimly definite: § 127 // a man has caused the finger to be pointed at a votary, or a man's wife, and has not justified himself, that man shall be brought before the judges, arid have his forehead branded 118 THEFT [Ex. 28 1 V CRIMES AGAINST PROPERTY §90. Theft, Ex. 9St u * [80"l DL 6 Lev. 19" f'riniitive Codes \.\. 32 l Ifa man shall steal an oz or a sheep, and kill <>r sell it. he shall ivnai- restore five oxen for one ox and tour Bheep for one sheep. 'It' the theft be found in his hand alive, whether it be "\. or ass, or Bheep, he must pay twice its value. :;,, It' he have nothing, then he shall l><- sold t<> pay for what he hath stolen. It the thief be found breaking in and be struck down bo thai he die, u the one who Btriketh him is not guilty of murder. 3b If the sun hath risen, h-nun" the one who Btriketh him is guilty of murder; he musl make restitution. Deuteronomic Codes I)t. r> l °Thou shall not steal. 23 ''When thou coinest into thy neighbor's vineyard, thou mayesl eal of Probi- grapea thj till at thine own pleasure, bul thou shah not put any in thy vessel. Limita- -'Wheii thou comesl into th) neighbor's standing grain, thou mayesl gather'! " ? the head-- with thy hand," hut thou shall not put" a sickle to thy neighbor's natural Btanding grain. Sots" Holiness < 'ode Lev. 19 lla Thou -halt not steal. Priestly Codes hex. r> -It' any one Bin and break faith with Jehovah, by deceiving his i. neighbor in regard to a deposit or a pledge, or by robbing or defrauding bis f,'! r ' "" neighbor, 3 or if he hath found something which was lost and deny it and per ' h, \w _ I stolen jure himself, it by doing any one of these things 'a man hath sinned, and SO orob- iltv, he shall restore that which he to.ik by robbery, or the thing which he obtained by fraud, or the deposit which was entrusted to him, or wli,,j,| - v the lost thing which he found. °or anything about which he -wore falsely; he shall restore it in full, and shall add to it a fifth more: he -hall give it to its rightful owner on the daj when he is found guilty. 8 He -hall also l>rin^ to the priest his guilt-offering for Jehovah, a ram without blemish out of the Crimes against Property. :, noted in the fntrod., j>. 26, <>n<' <>f the funda- mental diffei I and Hal. codes is that, while the Code of Hammurabi ii prodigal of human life, the Heb. laws oarefullj guard it; bul in regard to property the em- vrersed. I or 'In- detailed Kali, law- regarding crimen against p roper t) of, Appen- dix \ II Tin' relatively -liirlit attention gives in tin' O.T. to tl><' rights of property i- one of the man) lines "f evidence proving that the interests ami ambitions "f the earl) I rather in national an. I religious than in material n ■ in 23 M Cf Mi i _" Lk, i'. 1 f..r the action ■•! iplea, which ■••■ ■■! «iili this ancient law I >• 1 ID Lev. 6 6 ] CRIMES AGAINST PROPERTY Priestly Codes flock, according to thy valuation, as a guilt-offering. 7 Then the priest shall make atonement for him before Jehovah, and he shall be forgiven for what- ever he may have done to incur guilt. § 91. Land Stealing, Dt. 19 14 , 27 17 Deuteronomic Codes Prohi- Dt. 19 14 Thou shalt not remove thy neighbor's landmark, which they bition Q £ f ormer generations have set, in thine inheritance which thou shalt inherit, in the land which Jehovah thy God giveth thee as a possession. Public 27 17 Cursed be he that removeth his neighbor's landmark. And all the dem- people shall say, So may it be. nation § 92. False Weights and Measures, Dt. 25 13 - 16 , Lev. 19 35 - 37 Deuteronomic Codes Prohi- Dt. 25 13 Thou shalt not have in thy bag diverse weights," a great and a of el?" small. 14 Thou shalt not have in thy house diverse measures, d a great and a honesty small. 15 A perfect and just weight shalt thou have; a perfect and just ness measure shalt thou have, that thou mayest live long in the land which Je- hovah thy God giveth thee. 16 For all who do these things, even all who do unrighteously, are an abomination to Jehovah thy God. Holiness Code Hon- Lev. 19 35 Ye shall do no unrighteousness in judgment, or with rule, or irfall w ' tn weight, or with measure. 36 Just balances, just weights, a just ephah, social and a just hin shall ye have : I am Jehovah your God, who brought you out busi- of the land of Egypt. 37 Ye shall therefore observe all my statutes and all reia- m y ordinances, and do them : I am Jehovah. ness rela- tions § 91 Boundary stones among the Babylonians, as well as the Hebrews, marked the limits of estates, and to move them was the usual mode of stealing land. The references in the pro- phetic and wisdom books indicate that the crime was a common one in Israel, cf. Hos. 5 10 , Pr. 22 2s , 23 10 , Job 24-. The Babylonians, Greeks and Romans placed the boundary stones under the protection of the gods, and regarded them as sacred. The Roman law provided that those who attempted to move them might be slain (Dron. Hal. ii, 74). The law of Dt. 27 17 recalls the curses of the ancient Bab. kings upon those who removed their neighbor's landmarks, cf. John's, Bab. and Assyr. Laws, Contracts and Letters, 191. § 92 These laws aim to counteract the common oriental custom of cheating in trade. When the weights used were ordinary stones, the temptation to steal was strong and its de- tection difficult. e Dt. 25 13 Lit., a stone and a stone, i. e., stones of different size. Cf. Am. 8 5 and Pr. 20 23 . d Dt. 25 H Lit., two different ephahs. Cf. Am. 8 5 , Mi. 6 10 and Ezek 45 10 . 120 HUMANE LAWS Hl'MAXK LAWS 1 KINDNESS TOWARDS W1MA1.S &9S. The Threshing Ox, Dt 15* Deuteronomir Codes Dt. 25 4 Thou shalt not muzzle the ox when it treadetb out the grain. Profit sharing §94. Wild Animals, Ex. 88", Lev. B5 W Primitive Codes Ex. 2'.i "The seventh year thou shalt let the land real and lie fallow. Object that the poor of thy people may eat; and what they leave the wild beasts shall eat. In like manner thou shalt do with thy vineyard and thy oli\<- yard. Humane Laws. — Although the majority of the law- included Under tin- heed liavi> already been classified elsewhere, they are hero aroused together ai :i basis for the oompre- benaive study of the moal distinctive element in the < t.T. codes \ comparison of the O.T. laws with the >till earlier Code of ELunmurabi or the eon temporary Assyrian, Egyptian or l'h'i ■loi-ian ■ ale far more points of *«»i«aj than differonoe. All ■ muoh the aame characteristic oriental institutions, mob ai the kingly form of government slavery, eoondary place of woman, and oeremonial worehip, oentring about oertain cf. [ntrod.,p.6. To theee bumane taws, however, the other legal systems of antiquit] pn few- parallels. They represent the high water mark of Heb. legislation. In them the teai I of the prophets, who preached not only justice but consideration for the need) and love to all men, find concrete expression. Like the prophets, who inspired them, thej me far above the sordid itandarda of their age and anticipate at many points the perf< cl teachings of the divine Prophet of Na/.areth Most of the O.T, laws have been superseded bj others better adapted to the changed conditions of to-day, but these humane laws, in spirit, if not in actual form. been incorporated in •mr modern systems or else remain lofty i finals towards which ahr- n is -low lv but surely moving. It is natural that the majority of them should be Found En the Deotero n omic • have been moat directly touched by the -pirit and lofty U the prophets of th Syrian period, of. Introd., p. :ti The hortatory form of man the powerful Influence of the prophets. In most of these laws no distinct penalt] it prescribed in case the Jrommand is not obeyed. Often the appeal is simply to the Individual conscience, and ehovan is r. gnised us the only judge who can execute. Sometimes, when great self-denial aired to keep a given law, as '^r example, the remission of interest to the needy, the promise is added that God will give prosperity to those who obej 1 Lsewhere the people are warned lest they incur Jehovah a displeasure by disobediei lently the appeal the national sense of gratitude because of the great deliverance ft Thus at almost every point they reveal the spirit of the inspired prophet in the heart of the I ike the teac h ings of Jesus they emphasise not merely the external act but the motive m th< of man. Above the brutal despotism and inhuman cruelty and selfish materialism of their they rise as beacon lights, guiding the human race on to the a ind philanthropic movements of to day. i 98 This and the kindred laws ,,f in repreaenl the • gnition and formulation of man's duty to the animal world over which he is called to ml.- fhej voice that profound love tor all ..f God's creatures which filled the heart I and which is thi i true religion. I Lev. 25 s ] KINDNESS TOWARDS ANIMALS Holiness Code Lev. 25 5 That which groweth of itself of thy harvest thou shalt not iv;i[>, and the grapes of thy undressed vine thou shalt not gather; it shall be a year of complete rest for the land. c The sabbath produce of the land shall be food for you; for thee, for thy male and female slave, for thy hired servant, and for the settler who resides with thee, 7 and for thy cattle and the beasts that are in thy land shall all the produce be for food. § 95. Beasts of Burden, Ex. 23 12ab Primitive Codes Sab- Ex. 23 12a> b Six days shalt thou do thy work, and on the seventh day re^t thou shalt rest, that thine ox and thine ass may have rest. § 96. The Mother and her Young, Ex. 34 28b , Dt. 22°. \ Lev. 22 28 Primitive Codes Con- Ex. 34 26b Thou shalt not seethe a kid in its mother's milk. Bidera- thTma- Deutcronomic Codes relation Dt. 22 6 If a bird's nest chance to be before thee in the way, in any tree or on the ground, with young ones or eggs, and with the mother sitting upon the young or upon the eggs, thou shalt not take the mother with the young; "thou shalt surely let the mother go, but the young thou mayest take for thy- self, that it may be well with thee, and that thou mayest live long. Holiness Code Lev. 22 28 [When an animal is offered to Jehovah], whether it be a cow or ewe, ye shall not kill both it and its young on the same day. II CONSIDERATION FOR THE UNFORTUNATE § 97. In Taking Pledges, Dt. 24 10 . ll Deiitcronomic Codes Tore- Dt. 24 l0 When thou lendest thy neighbor any kind of loan, thou shalt 1^,] [ r :i not go into his house to take a pledge from him. n Thou shalt stand with- " I:1 " s out, and the man to whom thou dost lend shall bring out the pledge to thee, feelings ° i o 5 90 The exact principle underlying these three kindred laws is not clear. Possibly it is an ancient superstition, but apparently it is a sentimental reason. The same reward is urged for observing the injunction in Dt. 22 6 . ", as the command to children to honor parents, Ti 1 '. In all of these cases the sanctity of the parental relation is evidently prominent in the minds of the lawgivers. Consideration for the Unfortunate. — Hammurabi in the epilogue to his code, cf. In trod., p. 5, and in the evident purpose manifest in his laws to protect the widows and or- phans, anticipates some of these regulations, but he nowhere reveals that delicate and chiv- alrous consideration for the feelings of the needy, which divines and guards against all acts which would inflict unnecessary pain on those whom the strong should protect. 124 RETURN OF GARMENTS [In 24 12 §98. Return of Garments Taken in Pledge, I)t. 84 1 *- I3 Deuteronomic Codes Dt. 24 12 In the case of a poor man, thou shall not Bleep with his pledge; 13 thou shalt surely restore to him the pledge at sunset, that he may Bleep in thought- his garment and bless thee; thus thou wilt he counted righteous before Jehovah thy God. §99. Not to Take a Millstone in Pledge, Dl Deuteronomic Codes Dt. 24 6 No man shall take the mill or the upper millstone as a pledge. ' for thereby he taketh a man's life as a pledge. § 100. Moderation in Inflicting the Bastinado, Dt. 25*. 3 Deuteronomic Codes Dt. 25 2 If a culprit deserves to be beaten, the judge shall make him lie To down to be beaten in his presence with the number of blows corresponding \. to his crime. 3 Forty blows he may inflict upon him, but no more, lest, if gjjj* he add more blows than these, thy fellow countryman be held in contempt in thine eyes. § 101. Exemption of Relatives of Criminals from Punishment, Dt -T p Deuteronomic Codes Dt. 24 16 Fathers shall not be put to death with their children, and I children shall not be put to death with their fathers: each man shall be pu1 .I to death simply for his own crime. oent §102. Precautions against Accident, Dt. 22 8 Deuteronomic Codes Dt. 22 8 When thou buildest a new house, thou shall make .-, parapet To^ for thy roof, that thou bring not blood upon thy house. ... ease any man ,,,,,,,,,, should fall from it. §99 The millstone was needed each day in winding the tframtor the use of the family. especially whore poverty made an abundant supply of food 'impossible. ' I 101. In the ancient East . he am. y of ten ^ared :, ***•«% Hh^case" of! olS.X°^ts?o^ls\K-4 i. V ,Hv Heb- ^ We1kSJa !&%& It was the outgrowth of theprimitiye Semitic conception o f c ^^ ml, ^ e * e c r X' y A k ma«iah , unit. The juster principle of md.v.d.ml responsibility m - ^r^V^ precedent may well dealing with the conspirators who slew his father 11 r*«s. II. ana be the basis of the present law. 125 Dt. 24 14 ] TREATMENT OF DEPENDENT CLASSES in TREATMENT OF DEPENDENT CLASSES § KK'5. Hired Servants, Dt. 24 14 '\ Lev. 19 13b Deuteronomic Codes To deal Dt. 24 14 Thou shalt not oppress a hired servant who is poor and needy, !^'','j" v whether he be of thy own race, or of the resident aliens who are in thy land justly within thy city. ] "'On the same day thou shalt pay him his wages before the hired sun goeth down, for he is poor, and setteth his heart upon it; and let him not cry against thee to Jehovah, and thou be guilty of a crime. ser- \ anta Holiness Code Lev. 19 13b The wages of a hired servant shall not remain with thee all night until the morning. § 104. Slaves, Ex. 23 12i - ", 21 2 , Dt. 15 12 - 15 , Lev. 25 39 . 40 »- 43 Prim it ire Codes To give Ex. 23 12a - c Six days shalt thou do thy work, and on the seventh day !,'„,! thou shalt rest, that the son of thy handmaid and the resident alien may be ulti- refreshed. freedom 21 2 If a man buy a Hebrew T slave, he shall serve six years, but in the slaves seventh year he shall go free without having to pay any ransom. Deuteronomic Codes To give Dt. 15 12 If one of thy own race, a Hebrew manor a Hebrew woman, ally 7. a be sold to thee, he shall serve thee six years; then in the seventh year thou shalt let him go free. 13 And when thou lettest him go free, thou shalt not let him go empty-handed; 14 rather thou shalt furnish him liberally from thy flock, and thy threshing-floor, and thy winepress; according as Jehovah thy God hath blessed thee thou shalt give to him. 15 And thou shalt remem- ber that thou wast a slave in the land of Egypt, and that Jehovah thy God redeemed thee; therefore I now command thee to do this thing. Holiness Code To be Lev. 25 39 If thy fellow countryman become poor and sell himself to Z'u'r- thee, thou shalt not make him serve as a slave. 40a As a hired servant and ate of as a settler shall he be to thee. 43 Thou shalt not rule over him with harsh- ue- brewa ness, but thou shalt fear thy God. 5 lo:i Cf. note 5 12. The supreme justice and present day applicability of the principle underlyinir this law are obvious. § 104 Cf. note § 16 and the additional laws under the same sections; cf. also note § 13. 126 Deuteronomic Codes CAPTIVES [l)i Jl 1 § 105. Captives, Dt. 21 10u Dt. 21 10 \Yhen thou goest forth to battle against thine enemies, and Ton- Jehovah thy God delivereth them into thy hands, and thou carriesl them ; away captive, 11 and seest among the captives a beautiful woman, and thou "»*■ hast a desire for her, and wouldst make her thy wife, '-'then thou shall bring her home to thy house, and she shall shave her head, and pare her nails, ' ; and , she shall put off the garb of her captivity and shall remain in thy house, ami Wlfc bewail her father and her mother a full month. After that thou shalt go in unto her, and be her husband, and she shall be thy wife. "Hut if thou have no delight in her, then thou shalt let her go where she will; hut thou shalt not in any case sell her for money, thou shalt not deal with her as a slave, because thou hast humbled her. § 106. The Defenceless, Ex. 22 2124 , Dt. 24 17 - '\ 27 1R . » Lev. 19" Primitive Codes Ex. 22 21 Thou shalt not wrong nor oppress a resident alien, for ye wore N aliens residing in the land of Egypt. "Ye shall not afflict any widow or .X'i'* fatherless child. 23 If thou afflict them at all, and they cry to me, I will surely ^^" hear their cry, 2 %nd my wrath shall be arouseil, and I will slay you with the pham sword, so that your wives shall be widows and your children father!. Deuteronomic Codes Dt. 24 17 Thou shalt not pervert the justice due the resident alien, or the fatherless, nor take a widow's garment as a pledge; l8 bui thou shalt re- member that thou wast a slave in Egypt, and that Jehovah thy God redeemed thee from there; therefore I command thee to do this thing. 27 18 Cursed be the one who maketh the blind wander out of the way. Or the And all the people shall say, So may it be. 19 Cursed be the one who per verteth the justice due the resident alien, fatherless, and widow. And all the people shall say, So may it be. Holiness Code Lev. 19 14 Thou shalt not curse the deaf, nor put a stumblingblock J before the blind; but thou shalt fear thy God : I am Jehovah. § 107. The Poor, Ex. '2:5", Dt 15 TU , Lev. I Primitive Codes Ex. 23 6 Thou shalt not prevent justice being done to thy poor in his N • cause. P'llC Inn tlOG AmoMm'oS anient peoples, resident aliens had no legal righto and were there- fore the oWte K ol% Eery form of injustice. Tins evil the lieh. lawgivers strenUOUaN sough toi ^ree? . 'widoWS orphans were unable to defend the, ™J^ m Jj^'guSreffi wrong them, and had no strong protectors. Accordingly thej also wen especial] ^ W-rSLaSttUl race have always shown poei remarkable and .oommendabh joyalg to its poorer members. This significant fact in history is doubtless due largel) to th. m fluence of these laws 127 I), l.v] TREATMENT OF DEPENDENT CLASSES Deuteronomic Codes Not to Dt. 15 "If there be with thee a poor man, one of thy fellow countrymen, , i,''m '" ;inv ()1 '''X cities in thy land which Jehovah thy God giveth thee, thou tothe si, a lt riot be hardhearted, nor shut thy hand from thy poor brother; 8 but poor thou shall surely open thy hand to him, and shalt lend him sufficient for his need as he wanteth. 9 Beware lest this base thought come in thy heart, The seventh year, the year of release, is at hand, and thou turn a deaf ear to thy poor brother," and thou give him nothing; and he cry to Jehovah againsl thee, and thou be guilty of a crime. b 10 Thou shalt surely give to him, and thy heart shall not be sad when thou givest to him, because for this Je- hovah 'thy God will bless thee in all thy work, and in all that thou under- takes! to do. n For the poor will never cease to be in the land; therefore I command thee, Thou shalt surely open thy hand to thy brother, to thy needy, and to thy poor in thy land. Holiness Code To sup- Lev. 25 35 If thy fellow countryman become poor and fall into poverty {'i',',' 1 with thee, thou shalt support him, and he shall five with thee. poor TV PHILANTHROPIC PROVISIONS FOR THE NEEDY § 108. Leaving the Gleanings, Dt. 24 19 - 22 , Lev. 19° • 10 [23 22 ] Deuteronomic Codes To Dt. 24 19 When thou reapest thy harvest in thy field, and hast forgot a >' :,vp 2 sheaf in thy field, thou shalt not go again to bring it; it shall be for the resi- aii dent alien, for the fatherless, and for the widow, that Jehovah thy God may I'i-'od™ bless thee in all the work of thy hands. 20 When thou beatest thy olive-tree, f ** thou shalt not go over the boughs again; it shall be for the resident alien, needy for the fatherless, and for the widow. 21 When thou gatherest the grapes of thy vineyard, thou shalt not glean it after thee; it shall be for the resident alien, for the fatherless, and the widow. 22 Thou shalt remember that thou wast a slave in the land of Egypt; therefore I command thee to do this thing. ' Dt. 15 s Lit, //"/ eye b? evil against. '< 1)1. I.V Lit, it be sin to thee. cf. also 23 21 . 24 IS . Philanthropic Provisions for the Needy. — It is from the social rather than the strictly legal point of view that those regulations are formulated. Some of them anticipate the prin- ciple assumed by modern socialism. They do not aim primarily to protect the rights of property or vested interests, but to define and facilitate the discharge of the obligations of society to its individual and needy members. They start with the assumption that those who have control of natural resources have certain duties to perform toward those less favored. They also seek by definite institutions to insure the more equable distribution of the products of the land. 128 LEAVING THE GLEANINGS [Lev. 1 :■" Holiness Code Lev. 19 9 When ye reap the harvest of your land, thou shalt not entirely reap the corners of thy field, neither shalt thou gather the gleanings <>|' thy harvest. 10 And thou shalt not glean thy vineyard, neither shall thou gather the scattered fruit of thy vineyard; thou shalt leave them for the [>o () r and for the resident alien : I am Jehovah your God. § 109. Sharing Offerings, Dt. 16". 12 1 13 - H1 , 26" Deuteronomic Codes Dt. 16 n When thou keepest the feast of weeks, thou shalt he joyful before Jehovah thy God, together with thy son and daughter and male and female ]{„'. slave and the Levite, who is within thy citv, and the resident alien, and the ** " I If* I 111 fatherless, and the widow, who are among thee, at the place in which Jehovah thy God shall choose to have his name dwell. 12 And thou shalt remember J^e that thou wast once a slave in Egypt, and observe these statutes. 26 11 Thou shalt rejoice in all the good which Jehovah thy God hath given to thee and thy house, together with the Levite and tin- alien in the midst of thee. § 110. Distribution of the Tithe, Dt. H :R . 29 , 26 12 . ,3 Deuteronomic Codes Dt. 14 28 At the end of every three years thou shalt bring out all the To give tithe of thine increase* 1 in that year and shalt deposit it within thy city. T , TA'i 29 That the Levite. because he hath no portion nor inheritance with thee, and g£e I the resident alien, and the fatherless, and the widow, who are in thy city, needy may come and eat and be satisfied, in order that Jehovah thy God ma\ blesa \'".' u ,{ thee in all the work to which thou puttest thy hand. e 26 12 When thou hast made an end of tithing all the tithe of thv produce in the third year, which is the year of tithing, thou shalt give it to the Levite, to the resident alien, to the fatherless, and to the widow, that they may eat within thy city, and be filled. 13 And thou shalt say before Jehovah thy God, I have put away f the consecrated things out of my house, and have also given them to the Levite, and to the resident alien, to the fatherless and to the widow, just as thou hast commanded me; I have not transgressed any of thy commands, neither have I forgotten them. "Lev. 19'° Lev. 23" is an exact repetition of 19». > oh . If has no connection with it- en text and its presence is probably due to a later editor or to a scriba «' rr '"_ , , , §109 The rejoicing at the chosen sanctuary in Jerusalem on the occasion of toe ha festivals included the slaughter of sacrificid animals and a general merrymi Jang. > ■ » ' _ The aim of the law is to provide that all the depend,,,; members o ">™« 'J ' " ' r , f '• >., u , . a part in these festivities, even as the people had had before «M days rf Jo« . " ■ r, ,i ,. at the ceremonies in connection with the local shrines. Dt. 16«. repeat- tl„ tions in connection with the feast of tabernacles, cf. § 214. d Dt. 14 28 /. e., from thv private granaries. e Dt 14 29 Lit. work of thy hand which thou doest. munity as their individual needs required. 129 le- Ex. S82 25 ] PHILANTHROPIC PROVISIONS §111. Remission of Interest to the Poor, Ex. 22 25 , Dt. 23 19 - 20 , Lev. 25 35 - 38 I 'rim it ire Codes' To take Ex. 22 25 If thou lend money to any of my people with thee who is poor, DO in- terest fr " ni him. the poor thou shalt not be to him as a creditor, neither shall ye demand interest of Deuteronomic Codes To take Dt. 23 19 Thou shalt not lend on interest to thy fellow countryman: interest on money, food or on anything that is lent on interest. 20 To a for- from a eigner thou mayest lend on interest; but to thy fellow countryman thou shalt brew not lend on interest, that Jehovah thy God may bless thee in all that thou undertakest to do, in the land to which thou art going to possess it. Holiness Code From a Lev. 25 35 If thy fellow countryman become poor, and fall into poverty ',1,'^ with thee, thou shalt support him, and he shall live with thee. 36 Take of brew hi m no interest or usury, but fear thy God, that thy fellow countryman may live with thee. 3/ Thou shalt not give him thy money on interest, nor give him thy food for usury. 38 I am Jehovah your God, who brought you forth out of the land of Egypt, to give you the land of Canaan, and to be your God. § 112. Rest and Remission of All Interest on the Seventh Year, Ex. 23 10 - n , Dt. 15 110 , Lev. 25 U7 . 20 - 22 Primitive Codes To Ex. 23 10 Six years thou shalt sow thy land, and shalt gather in its in- natural crease - n The seventh year thou shalt let the land rest and lie fallow, that prod- §111 The spirit, if not the literal form of these laws are still universally applicable. Their fu background is an exceedingly simple organization. Until the Babylonian exile forced the Israelites into the great currents of the world's trade, they remained simple farmers and shep- P oor herds, who despised the Canaanitish traders in their midst. Loans, therefore, were not made for commercial purposes but under the pressure of dire necessity. To exact interest from :i i r man was to force him or his family into slavery. This inevitable result Nehemiah bitterly condemns, although he and his friends had been accustomed to make loans on in- terest, Neh. 5. Also in the ancient East the rate of interest was usually exorbitant. In Babylonia it was at one time limited to 20 per cent. In Assyria 25 per cent per annum was not uncommon; in Egypt the legal rate was limited to 30 per cent, or 33J in case the loan was in grain. Like Nehemiah, the exiles and the later Jews, who engaged in commerce, did not hesitate to de- mand interest. Evidently the aim of these laws, as is definitely stated in the earliest and latest versions, was simply to protect the poor Israelites from unjust exactions, for to with- hold a loan entirely would be more harmful than to demand a moderate rate of interest. § 112 Cf. also note § 16, and for the laws regarding the liberation of slaves on the seventh year, § 104. It is significant that this law is found in the primitive as well as the Holiness Code. It implies the agricultural stage and, therefore, cannot be dated earlier than the set- tlement in Canaan. It represents the application of the sabbath principle of one period of rest in every seven to the cycle of the years. It is also made applicable to the land as well as to men and animals. The author of the Holiness Code, in Lev. 26 34 ' 35 , regards the exile as the enforced period of rest for the land. This statement confirms the inference from Jer. 34 that the law of the sabbatical year, both in its command to let the land lie fallow and to liberate all Heh. slaves at the end (if six years, was, at least before the exile, largely disregarded. Second Chr. 36 2] hears similar testimony. Until the days of Nehemiah the Judean com- munity continued to treat it as an ideal too high to be realized, until, in the covenant solemnly established in behalf of the people, they promised that on the seventh year they would leave the hunt uncultivated and refrain jrmit the exaction of any debt. Josephus avers that it was kept in the days <>f Alexander the Great, A ntiq. X I. v . I Mac. 6 49 ' H suggests that in the Greek period it had become a regular institution. Even Tacitus was acquainted with the law, Hist. 5*, and the Mishna Shebe'th states that only in Palestine was it fully observed. 130 THE SABBATICAL YEAR [Ex.23 11 Primitive Codes the poor of thy people may eat; and what they leave the wild beasts shall eat. In like manner thou shalt do with thy vineyard and thine oliveyard. Dcuteronomic Codes Dt. 15 *At the end of every seven years thou shall make a releas 2 And this is the nature of the release: every creditor shall remit thai which he hath lent to his neighbor; he shall not exact il of bis neighbor or fellow countryman, because Jehovah's release hath been proclaimed. '< H a for- eigner thou mayest exact it; but whatever of thine is with thy fellow country- man let thy hand release. Nevertheless there shall be no poor with thee, for Jehovah will surely bless thee in the land which Jehovah thy God giveth thee to possess as an inheritance, 5 if only thou diligently hearken to the voice of Jehovah thy God, to observe to do all this commands which 1 command thee this day. 6 For Jehovah thy God will bless thee, as he promised thee; and thou shalt lend to many nations, but thou shalt not borrow; and thou shalt rule over many nations, but they shall not rule over thee. 7 If there be with thee a poor man, one of thy fellow countrymen, in any of i thy cities in thy land which Jehovah thy God giveth thee, thou shall not be hardhearted, nor shut thy hand from thy poor brother; s l>ut thou shalt surely P open thy hand to him, and shalt surely lend him sufficient for his need as he wanteth. 9 Beware lest this base thought come in thy heart. The seventh year, the year of release, is at hand, and thou turn a deaf ear to thy poor | brother, and thou give him nothing, and he cry to Jehovah against thee, and thou be guilty of a crime. 10 Thou shalt surely give to him, and thy heart shall not be sad when thou givest to him; because for this Jehovah thy God will bless thee in all thy work, and in all that thou undertakes! to do. Holiness Code Lev. 25 ljehovah said to Moses on Mount Sinai, Speak to the Israelites and - to them, 'When ye have come to the land which 1 give you, the land shall restfor a sabbath to Jehovah. 3 Six years thou shall sow thy field, and six years thou shalt prune thy vineyard, and gather in its produce; 4 bu1 tin- seventh year shall be a sabbath of complete rest for the land, a sabbath to Jehovah; thou shalt neither sow thy field norprunethy vineyard. "That which growethof itself of thy harvest thou shall not reap, and the grapes of thy un- ,i„. dressed vine thou shalt not gather: il shall be a yearof complete rest for the '" land. 6 And the sabbath produce of the land shall be food for thee; for thee, for thy male and female slave, for thy hired servant, and for the settler who resideth with thee. 7 and for thy cattle and the beasts thai arc in thy land shall all the produce be for food. -"And if ye say. What shall we eat in the -v enthyear? behold, we may not sow or gather to our produce: ■'then I wil command my blessing upon you in the sixth year, and it shall bring forth produce for three years. -'-And ye shall sow the eighth year, but eat of the old stores; until the produce of the ninth year com.- in, ye shall eal of the old stores.' k Dt. 15 1 The word comes from a Heb. verb meaning, to fling down, IM drop. i.; i year Lev. 25 8 ] PHILANTHROPIC PROVISIONS § 113. Restoration of Property and Freedom in the Year of Jubilee, Lev. 25 8 - 16 . ». 40b - 42 Priestly Codes To pro- Lev. 25 8 Thou shalt count seven sabbaths of years, for seven times claim S( .ven years; and there shall be the equivalent of seven sabbaths of years, h and re- that is, forty-nine years. 9 Then thou shalt sound a loud horn on the tenth the sem day of the seventh month; on the day of atonement shall ye sound a horn ^ior th through 1 all your land. 10 And ye shall set apart as sacred the fiftieth year, and proclaim liberty throughout the land to all its inhabitants; it shall be a year of jubilee for you, and ye shall return each to his possession, and ye shall return each to his family. n A jubilee shall that fiftieth year be for you; ye shall not sow or reap that which groweth of itself in it, nor gather in the fruit of the undressed vines, 12 for it is a jubilee; it shall be holy to you ; ye shall eat its produce directly from the field. Tore- 13 At this year of jubilee ye shall return each to his possession. 14 And f u ore if thou sell any land to thy neighbor, or buy it of thy neighbor, ye shall not heredi- wrong each other. 15 According to the number of the years after the jubilee p'rSp- thou shalt buy land from thy neighbor, and according to the number of erty the crops until the next jubilee shall he sell it to thee. 16 If the number of years be great, thou shalt increase its price, but if the number of years be small, thou shalt reduce its price, for it is the number of the crops that he selleth to thee. 23 The land shall not be sold in perpetuity; for the land is mine, and ye are resident aliens and settlers with me. To re- 40b jf tnv f e ll ow countryman sell himself to thee as a slave, he shall serve tease all ^.j^ ^ ee to tne y ear Q f j u bil e e; 41 then he shall be released by thee, together brew w jth his children, and he shall return to his own family, and to the possession of his fathers shall he return. 42 For they are my servants, whom I brought from the land of Egypt; they shall not be sold as slaves. h Lev. 25 8 Lit., days. I Lev. 25 9 Lit., cause to pass through. § 113 The twenty-fifth chapter of Lev. presents many different problems. To the law in regard to the sabbatical year. 1 - 7 - 17 - 22 , and the injunctions not to take interest from a poor Israelite or to treat him harshly, if he has fallen into a condition of slavery, 35-40a, «, 47, 63, 55b > the laws regarding the year of jubilee have been so added that they frequently interrupt the context. The first group of laws, ••■'■ 19 - 2 -\ appears to belong to the Holiness Code. It is doubtful whether or not this code originally contained any reference to the year of jubilee. The pre-exilic writers are without exception silent even where, as for example, m Is. 5 and Mi. 2. we would expect a reference to it, were they acquainted with it. Moreover two of the chief regulations regarding the year of jubilee: the rest of the land and the freeing of Heb. slaves, are antithetic to the earlier law which prescribed the seventh instead of the fiftieth year. The passage, therefore, relating to the year of jubilee would seem to be a later priestly addition, which aimed by generous concessions, so to soften the strenuous demands of the older law that the principle might gain popular acceptance. There is no evidence, however, that the attempt succeeded; in fact the Rabbis admit that this law was never observed. The regulations regarding the right of redeeming hereditary estates is clearly based on an ancient and long established custom, cf. note § 28; but in the present form it is adapted to the law of the year of jubilee and is bound up with the decree that all hereditary lands must at that time revert to their original owners. This custom is not without precedent in the ancient world. Many Aryan peoples thus periodically redistributed their land among the heads of the families. Strabo states that the Dalmatians reassigned their lands every eight years. In certain village communities in Russia the custom has continued to the present. For additional illustrations cf. Maine, Village Communities, p. 81 f.. Driver and White, Leviticus, p. 100. The earliest allusion, however, in the O.T. to any such institution, is found in Ezek. 46 17 , where land given by the prince is to revert to him in the year of release. Whether the prophet refers to an already established institution or possibly here gives a suggestion which 132 slaves REVERENCE FOR THE AGED [Lev. 19 82 * V KINDLY ATTITUDE TOWARD OTHERS § 114. Reverence for the Aged, l>ev. 19 32 * Holiness Code Lev. 19 32a Thou shalt rise up before the hoary head, and honor the 1 person of an old man. § 115. Love for Neighbors, Ex. 23*. 5 , Lev. 19 17 - ,8 Primitive Codes Ex. 23 4 If thou meet thine enemy's ox or ass going astray, thou >halt i surely bring it back to him again. 5 If thou see the ass of him who hatetfa enemy thee lying prostrate under its burden, thou shalt in no case leave it in it- »;^ plight, rather thou shalt, together with him, help it out. J . you Holiness Code Lev. 19 17 Thou shalt not hate thy fellow countryman in thy heart; To love thou shalt warn thy neighbor and not incur sin on his account. k lv l hou u ' t .\ uil shalt not take vengeance, nor bear a grudge against the members of thy race; ] but thou shalt love thy neighbor as thyself: 1 am Jehovah. § 116. Love for Resident Aliens, Dt. 10 lsb . 19 Deuteronomic Codes Dt. 10 18b Jehovah so loveth the resident alien that he giveth to him TjoUm food and raiment. 19 Love then the resident alien; for ye were one- resident .,",.„ aliens in the land of Egypt. was later developed into the law of the year of jubilee cannol be definiteb determuMd. On the whole, the exile, with its changed conditions, inspiring new regulations ^ n d .«^ m \ en > as Ezek.'s elaborate program testifies, appears to furnish the background and date i law of the year of jubilee. He, however, raised it above its narrower Israelitisn si-m iik ami ■"■" >< ' cation. A suggestion of that broader application is found in the noble command in m. iu to love the foreigners residing in the land of Israel. ' Ex.23 5 Slightly correcting the Heb. text. . k Lev. 19 17 /. e., by failing to warn him and by cherishing hatred toward Dim, 133 LAWS DEFINING OBLIGATIONS TO JEHOVAH LAWS DEFINING OBLIGATIONS JEHOVAH TO NATIONAL OBLIGATIONS §117. To Abstain from Apostasy and Idolatry, Ex. 34". " [20 1 -*. m l Dt. 5 7 . 8 [». 10 , 6' 4 . 15 , 27 15 ], Lev. -2U 1 Primitive Codes Ex. 34 14 Thou shalt worship no other god, for Jehovah, whose name is Jealous, is a jealous God. 17 Thou shalt make thee no molten gods. Deuteronomic Codes Dt. 5 7 Thou shalt have no other gods besides me. 8 Thou shalt not make for thyself a graven image. Holiness Code Lev. 26 *Ye shall make no idols, nor shall ye ereel for yourselves a graven image or a pillar, nor shall ye set np any figured stone in your land to bow down to it; for I am Jehovah your God. §118. To Abstain from Heathen Rites, Ex. 22", Dt. 12" . ll [18«1 Lev. 18 3 , 19 27 - 28 [20 s ] Primitive Codes Ex. 22 19 Whoever sacrificeth to any god, excepl to Jehovah placed under the ban. shall b Laws that underl Ma Vol ological lega the Defining Obligations to Jehovah.- In this group <>f lawa tl lie and characterize the O.T. legislation, come most prominently lotto li ■ self alone the plaintiff, judge and executioner. ... I. i it i. .n-il lt«i §117 Only the typical regulations are here introduced. Cf. lot th<- additional uw . 60, 61, and the same sections for the laws which are nol repeated ben 57—59. § 118 Cf. notes 137 Dt. 12 29 ] national obligations Deutcronomic Codes Dt. 12 29 When Jehovah thy God shall cut off the nations from before thee, which thou art going in to dispossess, and thou hast dispossessed them, and dwellest iii their land; 30 take heed to thyself that thou be not ensnared after them, when they have been destroyed from before thee; and that thou in.juire not after their gods, saying, How do these nations serve their gods? even so will I do likewise. 31 Thou shalt not do thus to Jehovah thy God; for every abomination which Jehovah hateth, have they done to their gods; for even their sons and their daughters do they burn in the fire to their gods. 14 *Ye are the children of Jehovah your God; ye shall not cut yourselves, a nor make any baldness between your eyes for the dead. 2 For thou art a people holy to Jehovah thy God, and Jehovah hath chosen thee to be a people for his own possession, out of all peoples that are upon the face of the earth. Holiness Code Lev. 18 3 Ye shall not imitate the customs of the land of Egypt, in which ye dwelt, nor the customs of the land of Canaan, whither I am bringing you; neither shall ye follow their established usages. 19 27 Ye shall not round off the corners of your hair, nor shalt thou dis- figure the corners of thy beard. 28 Ye shall not make any incisions in your skin for the dead; nor shall ye tattoo any marks upon you: b I am Jehovah. § 119. To Abolish Heathen Shrines, Ex. 34 12 . 13 , 23 24 . 25 », Dt. 12 2 . 3 , 7 5 - 25 DeiUeronomic Codes Ml Ex. 34 12 Take heed to thyself, lest thou make a covenant with the in- |;i 1 ™: habitants of the land to which thou art going, lest it be for a source of cor- naiia ruption c in thy midst : 13 but ye shall break down their altars, and dash in then pieces their pillars, and cut down their asherahs. "i.'i'p 23 24 Thou shalt not bow down to their gods, nor serve them, nor imitate '" '"' their customs; but thou shalt tear them down completely, and break in pieces stroyed their pillars, 25a and serve Jehovah thy God. Dt. 12 2 Ye shall destroy all the places in which the nations, which ye shall dispossess, served their gods, upon the high mountains and upon the hills and under every green tree; 3 and ye shall break dow T n their altars, and dash in pieces their pillars, and burn their asherahs with fire; and ye shall hew down the graven images of their gods; and ye shall destroy their names out of that place. 7 5 But thus shall ye do to them : ye shall break down their altars, and dash in pieces their pillars, and hew down their asherahs, and burn their a Dt. 14 1 This custom was in vogue among the Hebs. even in the exile, cf. Jer. 16 6 , 41 s . b Lev. 1 9 3S All these marks doubtless indicated consecration to a special deity. c Ex. 34 12 Lit., be for a snare. $ 119 The commands in Ex. 34 12 . 13 and 23 24 . 25a interrupt their context and reveal the characteristic- words and phrases of the Deuteronomic editor, who probably gave them their present position. 138 TO ABOLISH HEATHEN SHRINES [Di Deuteronomie Codes graven images with fire. 25 The graven images of their gods shall v.- imni with fire; thou shalt not covet the silver or the gold tliat is on them, nor take it for thyself, lest thou be corrupted thereby, for it is an abomination to Je- hovah thy God. § 120. To Preserve the Law, Dt. 4 2 Deuteronomie Codes Dt. 4 2 Ye shall not add to the words which I command you. neither shall ye take anything from it, that ye may keep the commands of Jehovah your God which I command you. § 121. To Study and Remember the Law, Dt. 6 6 . \ ll 18 »t'»i Deuteronomie Codes Dt. 6 6 These words which I command thee this day, shall be upon thy Con- heart; 7 and thou shalt impress them upon thy children, and shall talk of them when thou sittest in thy house, and when thou walkesl by the way. """ and when thou liest down, and when thou risest up. 11 18 Therefore ye shall lay up these my words in your heart and in your I'.'/the soul. law § 122. To Wear Constant Reminders of the Law, Dt. 6 8 . », 22" [ll lsb - :u ], Nu. 15 37 - 41 Deuteronomie Codes Dt. 6 8 Thou shalt bind the [words of Jehovah] as a reminder on thy hand. | and have them as bands on thy forehead between thine eyes, "and 1 1 shalt write them on the posts of thy house and on thy doors. 22 12 Thou shalt make for thyself tassels d on the four corners of the Law covering* 5 with which thou coverest thyself. f Holiness Code Nil. 15 "Jehovah gave this command to Moses: 38 Speak to the Israelites, and bid them make for themselves tassels on the borders of their garments 8 throughout their generations, and that they put upon the tassel of each eor- § 121 Cf. also § 56. Dt. II 19 is a duplicate of 6 7 . § 122 Cf. also § 56. Dt. lli sb is a duplicate of 6* and 11-" of 8'. d Dt. 22 12 Lit., tvnsted cords, as in I Kk*. 7 17 . In later tunes these were made of eight threads of white wool and were tied at regular intervals in four double kti"t-. Dt. 22 12 /. e., the outer shawl or mantle, the modern abaye, to the four corners of which the tassels were fastened. . .. ' Dt. 22 12 The meaning of these symbols is explained in the following passage from Nu. 13 39 . iNu. 15 38b The brief section here introduced appears from its language and spirit have been taken from the Holiness Code. It is also closely parallel to Esek. i.'. It pt reflects an old custom, which appears to be assumed as well as knout, m Dt, 22 I atics pictured on the early Egyptian monuments «rar tasselB, SO thai the custom ma) UaTS been introduced by the ancestors of the Hebs. 139 Nu. 15 38 ] NATIONAL OBLIGATIONS Holiness Code ner a cord of blue; h 39 and it shall serve you as a tassel, that ye may look upon it, and remember all the commands of Jehovah, and do them, and that ye do not follow your own inclinations and desires 1 in accordance with which ye used to play the harlot j 40 that ye may remember and do all my commands, and be eonsecrated k to your God. 41 I am Jehovah your God, who brought you out of the land of Egypt, to be your God : I am Jehovah your God. § 1*3. To Follow Its Commands, Dt.5 1 . 32 . 33 , 6 1 - 3 . 16 . 17 ,7 n . 12 , 8 1 . 6 - 14 , 10 12 . 13 , jji, 8, 9, 26.32 2gi«, I? 27 10 - 28 4 5, 8 30 15 - 1S Lev. 18 4 - 5 - 2a 19 19a - 27 20 s - 22 25 18 - 19 Deuteronomic Codes The Dt. 5 Closes summoned all Israel, and said to them, Hear, O Israel, heecunL tne st;l t" tes aQ d tne ordinances which I speak in your ears this day, that ye Jeho- amy learn them, and take heed to do them. 32 Ye shall take heed to do 1 as com- Jehovah your God hath commanded you; ye shall not turn aside to the right mands or ^ Q ^ e j e f|. 33y e shall do all that Jehovah your God hath commanded you, that ye may live, and that it may be well with you, and that ye may live long in the land which ye shall possess. 6 1 Now this is the command, the statutes, and the ordinances, which Jehovah your God commanded to teach you, that ye might do them in the land which ye go over to possess; 2 that thou mightest fear Jehovah thy God, to keep all his statutes and his commands, which I command thee, together with thy son, and thy son's son, all the days of thy life: and that thou mayst live long. 3 Hear therefore, O Israel, and take heed to do it, that it may be well with thee, and that ye may become exceedingly many, as Jehovah the God of thy fathers hath promised thee, in a land abounding in milk and honey. Of l6 Ye shall not test Jehovah your God as ye tested him at Massah. m 17 Ye fahh"- ng shall diligently keep the commands of Jehovah your God, and his testimonies fully and his statutes, which he hath commanded thee. them 7 u Thou shalt therefore keep the commands, and the statutes, and the ordinances, which I command thee this day, to do them. 12 And if ye hearken to these ordinances, and keep and execute them, Jehovah thy God will keep with thee the covenant and the mercy which he promised by oath to thy fathers. 8 ] A11 the command which I command thee this day shall ye take heed to do, that ye may live and become numerous, and go in and possess the land which Jehovah promised by oath to your fathers. h Nu. lo 3 * /. e., the threads with which the tassels were fastened to the mantle. J Nu. 15 M Lit., heart and eyes. > Nu. 15 39 The Heb. text is exceedingly awkward. The reference is evidently to some form of apostasy. k Nu. lo 40 Lit., holy. § 123 The multiplicity of these injunctions illustrates the emphasis put upon the law, and especially the written law, from the days of Josiah. 1 Dt. 5 3 - Lit., to walk in the way. So also in 33 . "> Dt. 6 16 Cf. Ex. 17 2 - 7 . 140 I TO FOLLOW COMMANDS OF THE LAW [Dr. 8 s Deuteronomic Codes 5 Know, then, in thy heart, that as a man disciplineth his son, bo Jehovah Dutj thy God disciplineth thee. 6 And thou shalt keep the commands of Jehovah thy God, to walk in his ways, and to fear him. "For Jehovah thy God ifl j" bringing thee into a good land, a land of watercourses, of fountains and springs, flowing forth in vales and hills; 8 a land of wheat and barley, and vines and fig-trees and pomegranates: a land of olive trees and hone] land wherein thou shalt eat bread without scarcity, in which thou shalt lack nothing; a land whose stones are iron, and out of whose hills thou mays! dig copper. 10 And thou shalt eat and be full, and thou shalt bless Jehovah thy God for the good land which he hath given thee. ll Beware lesl thou forget Jehovah thy God, in not keeping his commands, and his ordinances, and his statutes, which I command thee this day: 12 lest, when thou hast eaten and art satisfied, and hast built beautiful houses, and art dwelling in them; 13 and when thy herds and thy flocks become numerous, and thy silver and thy gold is plentiful, and all that thou hast is multiplied, "then thy heart be filled with pride, n and thou forget Jehovah thy God, who brought thee forth out of the land of Egypt, out of the house of bondage 10 12 And now, Israel, what doth Jehovah thy God require of thee, bul To to fear Jehovah thy God, to walk in all his ways, and to love him. and t<> serve Jehovah thy God with all thy heart and with all thy soul, l3 and keen the commands of Jehovah, and his statutes, which I command thee this day for thy good ? 11 iTherefore thou shalt love Jehovah thy God, and keep his charg and his statutes, and his ordinances, and his commands ;it all times. 8 Therefore ye shall keep all the command which I command thee this day, that ye may be strong, and go in and possess the land, which ye are going over to possess; 9 and that ye may live long in the land which .Jehovah promised by oath to give to your fathers, and to their descendants, a land abounding in milk and honey. 26 See, I set before you this day a blessing and a curse : - >7 a blessing, if ye will hearken to the commands of Jehovah your God. which I command you this day; 28 and the curse, if ye shall not hearken to the commands of Jehovah your God, but turn aside out of the way which 1 command you this day, in order to go after other gods, which ye have not known. -"'And when Jehovah thy God shall bring thee into the land which thou art going to possess, thou shalt set the blessing upon Mount Gerizim and the curse upon Mount Ebal. 32 And ye shall give heed to all the statutes and the ordinances which 1 - I before you this day. 26 ^This day Jehovah thy God commanded thee to do these statutes - and ordinances; thou shalt, therefore, keep and <1<> them with all thy heart, and with all thy soul. 17 Thou hast caused Jehovah to say tin- .lav that he ■ ! will be thy God, and that thou wilt walk in his ways and keep his statutes, and his commands, and his ordinances, and hearken to his voice. 2 7 I l»>n • Dt. li^Yss.^ 3iTrL here omiUed, since they add only a local geographical ool 14-1 Dt. 27 >"] NATIONAL OBLIGATIONS Denteronomic Codes shalt therefore obey the voice of Jehovah thy God, and do his commands, and his statutes, which I command thee this day. -''Cursed he he that confirmeth not the words of this law to do them. Re- 4 5 Behold, I have taught you statutes and ordinances, even as Jehovah obedi- 0f my God commanded me, that ye should do so in the midst of the land which ence X v are going in to possess. 6 Keep, therefore, and do them; for this is your wisdom and your understanding'' in the sight of the peoples that shall hear all these statutes, and say, Surely this great nation is a wise and understand- ing people. 30 15 See, I have set before thee this day life and prosperity, and death and calamity; 16 in that I command thee this day to love Jehovah thy God, to walk in his ways, and to keep his commands and his statutes and his or- dinances, that thou niayst live and become numerous, and that Jehovah thy God may bless thee in the land which thou art going in to possess. Holiness Code Reit- Lev. 18 4 Mine ordinances shall ye execute, and my statutes shall ye mjVmc- keep, to 1<)llow t,iem : I am Jehovah your God. 5 Ye shall therefore keep tiona my statutes, and mine ordinances; which if a man do he shall live by them : to keep T " T , , the 1 am Jehovah. cum-' -''Keep my statutes and mine ordinances and let neither the native born man. is nor the alien residing among you do any of these abominable things. 19 19a Ye shall keep my statutes. 27 Ye shall observe all my statutes, and all mine ordinances, and do them : I am Jehovah. 20 8 Ye shall keep my statutes, and do them: I am Jehovah who sancti- ficth you. 22 Ye shall therefore keep all my statutes, and all mine ordinances, and do them, that the land, whither I bring you to dwell, may not cast you forth. 25 18 Ye shall execute my statutes and keep my ordinances and do them; l9 then ye shall dwell in the land securely, and the land shall yield its fruit and ye shall eat your fill and dwell in it securely. §124. To Make No Heathen Alliances, Ex. 34 12 ' I3 t 1516J , 23 31b - 33 , Dt. 7 Ui Devteronomic Codes No Ex. 34 12 Take heed to thyself, lest thou make a covenant with the in- [ v ru ' h e habitants of the land to which thou art going, lest it be a source of corrup- ii'.i- . . then I" '" In 1 I c, evidence of your wisdom and insight. pies ^ Uj j n ( ne earlier days of Israel's history alliances with other nations were common and 'onlv a few of (lie more zealous prophets protested, even though alliances in the ancient Semitic world meant the recognition of the gods of the allied peoples. From the days of the exile the principles proclaimed by Elijah and the expostulations of Hos., Is. and Jer. were reinforced by the painful outcome of the alliance with Egypt, so that the doctrine of no alli- ances gained popular acceptance, at least among the Jews of the dispersion. Cf. also note §44. 142 mtcr- mar- TO MAKE NO ALLIANCES [Ex. Deuteronomic Codes tion in thy midst; 13 but ye shall break down their altars, and dash in j.i. their pillars, and cut down their asherahs.'i 23 31b I will deliver the inhabitants of the land into thy power; and thou shalt drive thern out before thee. 32 Thou shalt make no covenanl with them nor with their gods. 33 They shall not dwell in thy land, lesl liny make thee sin against me; for if thou serve their gods, it will surdy be a source of corruption to thee. Dt. 7 1 When Jehovah thy God shall bring thee into the land which thou N art going to possess, and shall clear away many nations before thee, the Hittites, the Girgashites, the Amorites, the Canaanites, the l'< rizzites, the ; v Hivites, and the Jebusites, seven nations greater and mightier than thou, hear 2 and when Jehovah thy God shall deliver them into thy hands ami thou shalt smite them, then thou shalt completely destroy them without inak- i' 1 '" ing any terms with them or showing any mercy to them. 3 Neither shall thou make marriages with them; thy daughter thou shalt not give to his son, nor shalt thou take his daughter as a wife for thy son. 'For he will turn away thy son from following me, that they may serve other gods; thus will the anger of Jehovah be aroused against you, and he will destroy thee quickly. § 125. To Be a Holy Nation, Ex. 22 31 *, 19 6 % Dt. 7 6 [14 2 . "1 18", 26". ". 28*. 10 , Lev. 19 2 , 20 26 ™ Primitive Codes Ex. 22 31a Ye shall be holy men to me. Deuteronomic Codes Ex. 19 6a Ye shall be to me a kingdom of priests, and a holy nation Dt. 7 6 Thou art a people holy to Jehovah thy God; Jehovah thy (....I hath chosen thee out of all the peoples that are on the face of the earth to be to him a peculiar people. r 18 13 Thou shalt be perfect 8 with Jehovah thy God. 26 18 And Jehovah hath caused thee to say this day that thou wilt be \<> him a peculiar people, as he hath promised thee, and that thou shouldst keep all his commands; 19 and that he will set thee high above all nations i Ex. 34 12 ' 13 The language of a Deuteronomic editor is dearly apparent in this section. Sr> nlsn in <2"13lb-33 . . . §125 The conception of Jehovah's holiness, and its corollary the holiness ol l>- p, exceedingly prominent in the literature just before theexde.cf. ln.n„l . pp 3 H , ,, . v ness Code it becomes the chief basis of ethics. Its origin IS not I ■'■ ' "' " Is gave a great emphasis to the doctrine, rf. Is. I'.. The oldest expression of it in th( liter ture i • obably found in Ex. 22«», in connection with the ceremonial command not to elf any flesh' 1 t s ,rn beasts in the 6eld. although by some this vs. ;s regarded as a ater IddS because the law is cast in the plural rather than in the second n «n»nilar. as Keoldest decalogue. The striking passage, Ex. 19««, probablj comes from a late pro, editor, cf. Vol. I, note § 75. ' Dt. 7 6 Dt. 14 2 ' 21 are duplicates of this vs. . » Dt. 18 13 I. c, without physical, but especially moral blenusn 143 Dt . 26 19] national obligations Devteronomic Codes which he hath made, as a praise, and a name, and an honor; and that thou mays! be a people holy to Jehovah thy God as he hath promised. 28 9 Jehovah will establish thee as a people holy to himself, as he hath sworn to thee, if thou will keep the commands of Jehovah thy God, and walk in his ways. '"And all the peoples of the earth shall see that thou dost bear the name' of Jehovah; and they shall be afraid of thee. Holiness Code Lev. 19 2 Ye shall be holy, for I Jehovah, your God, am holy. 20 26 Ye shall be holy to me, for I, Jehovah, am holy and have separated you from the peoples that ye may be mine. II INDIVIDUAL OBLIGATIONS § 126. Reverence, Dt. 5 29 , 6 2 <, 8 8 [4 10 . 6 2 . 10 - 13 , 10 12 - 20 , 13 14 , 14 23 , 17 18 , 31 12 . "J, Lev. 19 32b [25 17b ] Devteronomic Codes To Dt. 5 29 Oh, that there were such a heart in them that they would fear hum- me > and kee P a11 m y commands at all times, that it might be well with them, |' lv and with their children forever ! 6 24 Jehovah commanded us to do all these statutes, to fear Jehovah our God, for our good at all times, that he might preserve us alive, as to-day. 8 6 Thou shalt keep the commands of Jehovah thy God, to walk in his ways and to fear him. Holiness Code Lev. 19 32b Thou shalt fear thy God: I am Jehovah. § 127. Gratitude, Dt. 6 1012 , 8 10 . 19 Devteronomic Codes Tore- Dt. 6 10 When Jehovah thy God shall bring thee into the land which he promised by oath to thy fathers, Abraham, Isaac, and Jacob, to give thee, great and attractive cities, which thou hast not built, n and houses full of mem- ber the Bource ofaU bless- ings t Dt. 28 10 Lit., art called Im. , ,.,..,,.,.. Individual Obligations. — In these commands the national and individual obligations are closely blended. .... , 126 The lawgivers like the sages, declared that an attitude of genuine reverence and piety toward I tod was essential to all right thinking and doing. In nearly a score of passages confined t" the Deuteronomic and Holiness codes, they emphasize the fundamental impor- tance of ill'' attitude, not of cringing terror, hut of fear inspired by a true appreciation of the divine character— a fear which keeps its possessor from all acts of wilful disobedience and guides him in the way of intelligent, loyal service. 144 GRATITUDE TO JEHOVAH [Dr. 6" Deuteronomic Codes all good things, which thou hast not filled, and cisterns hewed out, which thou hast not hewed out, vineyards and olive-trees, which thou hast not planted, and thou shalt eat and be full, 12 then beware lest thou forget Jehovah, who brought thee forth out of the land of Egypt, out of the house of bondage. 8 10 When thou shalt eat and be filled, then bless Jehovah thy God for the good land which he hath given thee. 19 But if thou dosi forget Jehovah tby God, and dost follow other gods and serve and worship them, 1 hear witness against you this day that ye shall surely perish. § 128. Loyalty, Ex. 34 H , 23 13 , Dt. 5 8 Primitive Codes Ex. 34 14 Thou shalt worship no other God; for Jehovah, whose name | is Jealous, is a jealous God. divided Deuteronomic Codes gUnce Ex. 23 13 Concerning all the things that I have said to you take heed; and make no mention of the name of other gods, neither let it be heard from thy mouth. a Dt. 5 G I am Jehovah thy God who brought thee out of the land of Egypt, out of the house of bondage. 'Thou shalt have no other gods besides me. § 129. Obedience, Dt. 6 ,s ,9 , 10 ,4 - , \ 30 s - 10 Deuteronomic Codes Dt. 6 18 Thou shalt do that which is right and good in the sight of Je hovah, that all may be well with thee, and that thou mayesl go in and pos- whole- sess the good land which Jehovah promised by oath to thy fathers, • '■'!.. clear away all thine enemies from before thee, as Jehovah hath promised. 10 14 Behold to Jehovah thy God belongeth the heaven and the heaven of heavens, b the earth wdth all that is therein. |: ' Nevertheless Jehovah set his love on thy fathers and be chose their descendants after them, even you out of all peoples, as at this time. 16 Therefore open your heart' 1 to him and no longer be stiff-necked. 30 8 Thou shalt return and obey the voice of Jehovah, and .I.. all his i commands which I command thee this day. !> And Jehovah thy God \\ ill J'.'.V " give thee in rich abundance* 5 all the work of thy hand, the fruit of th\ bodj and the fruit of thy cattle, and the fruit of thy ground, for good; for Jehovah will again rejoice over thee for good, as he rejoiced over thv fathers; '"if" » Ex. 23 13 The language and thought reveal the late prophetic origin of tin- pa b Dt 10 H / e. the highest heavens. Cf. later reflections <>( this noble passage in I Ki:- 8 27 , II Chr. 2 6 , Neh. 9 f \ Ps. 68". 148*. « Dt. 10 1S Lit., attached to thy fathers to love them. d Dt. 10 16 Lit., circumcise the foreskin „f your heart, t. > ■.. remove tne impediments win. D make it irresponsive to the divine commands, ct. Jer. -1', E»ek. I I e Dt. 30* Lit., will make thee have in excess. 145 Dt. 30 10 ] individual obligations Deuleronomic Cod is tlu hi shalt obey the voice of Jehovah thy God, to keep his commands and his statutes which are written in this book of the law; if thou turn to Jehovah with all thy heart, and with all thy soul. § 130. Love, Dt. 6 4 5 , 10 12 , ll 1 - ,31S , 30 18 ^- 2 °i Deuleronomic Codes To love Dt. 6 4 Hear. O Israel : Jehovah our God is one Jehovah. f 5 Therefore with all tnou s halt love Jehovah thy God with all thy heart, and with all thy soul, ,liv and with all thy might. 10 ^'And now Israel, what doth Jehovah thy God require of thee, but to fear Jehovah thy God, to walk in all his ways, and to love him and to serve Jehovah thy God with all thy heart and with all thy soul. 11 1 Therefore thou shalt love Jehovah thy God, and keep his charge, and his statutes, and his ordinances, and his commands, at all times. 13 If ye hearken diligently to my commands which I command you this dav, to love Jehovah your God and to serve him with all your heart and with all your soul. 14 I will give the rain of your land in its season, the earlier rain and the later rain, that thou mayest gather in thy grain, thy new wine, and thine oil. l5 And I will give grass in thy field for thy cattle, and thou shalt eat and be filled. 30 16 I command thee this day to love Jehovah thy God, to walk in his ways, and to keep his commands and his statutes and his ordinances, that thou mayest live and become numerous, and that Jehovah thy God may bless thee in the land which thou art going in to possess. § 131. Service, Ex. 23 :5i , Dt. 6 13 , 10 12 . 20 [ll 13 - 15 ] Deuteronomic Codes Ex. 23 25a Ye shall serve Jehovah your God. gerve Dt. 6 13 Thou shalt fear Jehovah thy God, and him shalt thou serve, bim am \ shalt swear by his name. all thy 10 12 And now Israel, what doth Jehovah thy God require of thee, but to fear Jehovah thy God, to walk in all his ways, to love and to serve Jehovah thy God with all thy heart and with all thy soul? 20 Thou shalt fear Jehovah thy God; him shalt thou serve; and to him shalt thou cleave, and by his name shalt thou swear. § 130 Love, pure and strong, commanding the intelligence and emotions and physical Ftrpneth of the individual, is made the basis of all law and religion in the great prophetic codes of Dt., as well as in the teaching of the divine Prophet of Nazareth, Mk. 12 29 - 30 1 Dt. 6* /. e., is unique among all gods. Possibly it was also intended to proclaim that Jehovah was the one true God. 146 CEREMONIAL LAWS CEREMONIAL LAWS A Sacred Objects and Shrinks I THE ARK AND TENT OF MEETING OR DWELLING § 132. The Ark, Nu. 10 33 ". ■.•.».", Dt. 10 1 5 , 3\ 2i 26 , Kx. 25 10 "» Primitive Codes Nu. 10 33a - c - e As the Israelites journeyed, the ark of Jehovah went Symbol before them to seek out a halting place for them. 35 And whenever the jJov5,'« ark started, Moses would say, testing Arise, O Jehovah, And let thine enemies be scattered ; And let those who hate thee flee before thee. Sacred Objects and Shrines- The tendency to associate the gods with o and objects was universal in antiquity, and Btill holds its sway m certain parts of the Orient Something concrete and objective was required to make the faith oi the worshippers real and personal Among the primitive Semites, as among all early people.--, the most com I Bacred objects were springs, trees and stones, for each aroused the wonderment and awe ol primitive man and suggested the special presence of a deity. The water pushing from the barren rook was 'a never-ending miracle, which also brought life and refreshment to thirst) man the tree springing likewise from the dark, seemingly lifeless earth, was regarded as a symbol of the life-giving power of the god. Hence sacred trees, or their symbols, lite aaherahs OT pole.-, were found beside nearly every ancient Semitic shrme. The dwellers in the wilderness or in rocky Palestine also saw in the great stoni immovable, defying storm and change through the centuries- the abiding-place of the deity. Sometimes the basis of the belief appears to have been the unusual form or charactei pi tne stone. Meteoric stones, like the sacred one at Mecca, naturally attracted the :.tr,,,ii.,„ 01 early man. On their face they bore the evidence of their unique origin. It il seen to fall, a blazing ball of fire from heaven, their divine character was at ono If a special revelation was given beside some stone, as, for example in the tradl It' the) had been nee ■ tablished. tion oi Jai i ib il a special leveiauon wan kivi-h in.-!uwc nom« ,-.....,..... , • at Bethel, the stone forever afterward was regarded as Bacred. In Phoenicia and ancient Canaan there were many such bethels, houses of god, stones in which the deiv«a> though. to dwell. In many cases a sanctuary grew up about the Bacred Btpne.asal Bethel and ft thus many of the ancient temples appear to have come into existence. § 132 Sacred arks were in common use among the ancient Semitic peo, i simply a box of acacia wood. Probably the true dimensions are representee w «• -« dition; about four feet long by two and one-fourth in width and depth. In t * ,e ° , 5{ e " t J^r"? it is called the ark of Jehovah or (he ark oi Qod. and was evidently r. he ■ ' l 149 written law Nu. 10 iG ] ARK AND TENT OF MEETING Primitive Codes 38 And when it rested he would say, Return, O Jehovah, To the ten thousands of thousands of Israel. Deitteronomic Codes Dt. 10 l At that time Jehovah said to me, Hew thee two stone tablets of'?lie like the first, and come up to me in the mountain, and make an ark of wood. a two e -'Ami I will write on the tablets the words that were on the first tablets which rfffi 3 thou didst brake, and thou shalt put them in the ark. 3 So I made an ark law of aca.ia wood and hewed two stone tablets like the first and went up into the mountain, having the two tablets in my hand. 4 And he wrote upon the tablets, in the same writing as before, the ten words b which Jehovah spoke to you in the mountain out of the midst of the fire in the day of the assembly. And Jehovah gave them to me. 5 Then I turned and came down from the mountain, and put the tablets in the ark which I had made; and there they are as Jehovah commanded me. c Of the Dt. 31 - 4 When Moses had made a final end of writing the words of this law' 1 in a book, 25 he gave this command to the Levites, who bore the ark of the covenant of Jehovah : 26 Take this book of the law and put it beside the ark of the covenant of Jehovah your God, that it may be there as a witness against you. e Priestly Codes Form Ex. 25 10 They shall make an ark of acacia wood : two cubits and a half ;;'/„!,„_ shall be its length, and a cubit and a half its width, and a cubit and a half ! '"- V f its height. 11 And thou shalt overlay it with pure gold, both within and tlic 'irk • • ■ without, and thou shalt make on the top of it round about a projecting rim the two tablets of the law. Accordingly in the Deuteronomic source it was called the ark of the covenant of Jehovah and in the priestly, the ark of the testimony. In the days of the settlement in Canaan, however, the ark figures in its original role as the abiding-place of the Deity and, therefore, in popular thought, as the invincible palladium which would bring victory be Hebrews, I Sam. 4 6, cf. Vol. II, § 4. On the whole the earliest allusions to the ark favor the conclusion that it was an empty throne supported and guarded by cherubim. The base was a wooden chest, which could be easily transported. This implication is strongly Mil .ported both by the use of arks among other Semitic peoples and by the late priestly tradition in Ex. 2.V-. For further data, cf. Dibelius, Die Lade Jahves. The history of the ark is only imperfectly recorded. There are no strong reasons for doubting the testimony of the early traditions, which trace its origin back to the period of the wilderness. Borne by the Hebrews in their advance to Canaan, it appears to represent in primitive thought the transfer of Jehovah from Sinai to Canaan, where he subsequently dwells with his people. After various experiences, it at last found a resting place in David's capital and became the central object of Solomon's temple. Possibly it was carried away by the Egyptian invader, Shishak, or survived until the destruction of the temple in 586 B.C., but more probably, in the damp climate of Palestine, it in time decayed and fell to pieces. The surprising fact is that the late priestly school revived and glorified the traditions of this symbol which came from the half-heathen past, and gave it a central place in their idealized history. Cf. for a possible explanation note § 134. a Dt. 10'- 3 These vss. are practically a repetition of the early Judean narrative of Ex. 34 14 , except that the latter contain no reference to the ark. Probably the original primitive code contained brief directions for the making of the ark, for which a late editor substituted the priestlv version. * t> Dt. lCH* This is a repetition of Ex. 34 28b . c Dt. 10> 5 These vss. evidently belong to one of the later passages of Dt. d Dt. 34 2 * I. e., the original Deuteronomic law. • Dt. 31 24 -- 6 These vss. are a later variant of 31 913 . 150 THE ARK [Ex. 25" Priestly Codes of gold. 12 And thou shalt cast for it four rings of gold and put them on its four feet, there shall be two rings on each side of it. l3 And thou shalt make poles of acacia wood, and overlay them with gold. 14 And thou shalt put the staves into the rings on the sides of the ark, in order with these to carry the ark. lo The poles shall be left in the rings of the ark; they .-hall Dot 1><- taken from it. 16 And thou shalt put the law f into the ark which I shall give. 17 And thou shalt make a cover of g pure gold : two and a half cubits long, and a cubit and a half wide. 18 And thou shalt make two cherubim 11 of gold — of beaten work shalt thou make them — at the two ends of the cover. 19 And thou shalt fasten a cherub to each end; on the cover thou -halt fasten the cherubim at its two ends. 20 And the cherubim shall hold their wings spread out on high, so that they will overspread the cover with their wings, while they face each other; the faces of the cherubim shall be turned toward the cover. 21 And thou shalt place the cover upon the ark; and in the ark thou shalt : put the law that I shall give thee. 22 And there I will meet with thee, and 1 will commune with thee from over the cover; from the place between the two cherubim which are upon the ark of the law I will make known to thee all tion the commands which I will give through thee to the Israelites. § 133. The Original Tent of Meeting, Ex. 33 s -" Primitive Codes Ex. 33 5 Jehovah said to Moses, Say to the Israelites. ' Ye are a wilful Origin people; if I go up into the midst of thee for one moment, I shall consume ',,.,,," thee, therefore put off thy ornaments from thee, that I may know what to do to thee.' 6 So the Israelites despoiled themselves of their ornaments from Mount Horeb onward, and with these Moses made a tent. 7 Now Moses used to take the tent and pitch it outside the camp at -nine [ta u* distance from the camp, and he called it the tent of meeting. And whenever anyone wished to consult Jehovah, he would go out to the tent of meeting, f Ex. 25 16 Lit., testimony, the late priestly collective term for the law. *Ex. 25 17 The traditional translation is, mercy-seal, I an the Heb. word comes from a root meaning to cover. The fact that this word usually has a symbolic and theological uignih- cation, is the basis of the current translation. . , _ . . h Ex. 23 18 The cherubim, like the colossi which guarded the Assyrian and Babylonian palaces or the bulls overlaid with gold in the sanctuaries of Dan and Bethel in the days of Jeroboam I, were symbolic of strength, the wings of a bird, of swifl flight, and the fa men, of intelligence. All these elements belonged to the common Semitic symbolism ol t § 133 As has already been shown in Vol. I, note § 79, the older prophetic and the late priestly narratives give two distinct pictures of the tent of meeting. According to the • Ephraimite prophetic account of Ex. 33 s -", it is small and stands outside the camp aj tance, and is in charge of Moses' attendant Joshua; but according to the priestly tradition in Ex. 35-40 and Nu. 2 it is an exceedingly elaborate structure, stands in the midst of the camj and may be entered only by the sons of" Aaron. The allusions in the earlier version (indicate that it was originally preceded by an account of its construction; but the late priestly editor of Ex. has left it out, because he was chiefly interested in the later detailed tradition ol its form and structure, now found in Ex. 35-40. . , . , , i • That there was some simple portable tent for the ark. and thai the sacred stones used m casting the lot were kept in connection with it seem exceedingly probable in the liglit ol t testimony of the comparatively early traditions. To this tent the people would naturally re- sort to determine the divine will through Moses. These fuels appeal to be the basis Ol the familiar later tradition of the dwelling or tabernacle. 151 ing Ex. 33 7 ] ARK AND TENT OF MEETING Prim it ire Codes which was outside the camp. 8 And whenever Moses went out to the tent, all the people would rise and stand, every man at his tent door, and look after Moses until he had gone into the tent. 9 And when Moses had entered into the tent, the pillar of cloud would descend and stand at the door of the tent, while Jehovah spoke with Moses. 10 And whenever the people saw the pillar of cloud standing at the door of the tent, every man stood up and worshipped, each at his tent door. n Thus Jehovah used to speak with Moses lace to face, as a man speaks to his friend. Then he would return to the camp; but his attendant Joshua, the son of Nun, a young man, did not leave the tent. § 134. The Post-Exilic Conception of the Tent of Meeting or Dwelling, Ex. 25 19 , 26 133 Priestly ( 'odes Slate- Ex. 25 1 Jehovah said to Moses, 2 Command the Israelites that they take the f ° r for me a special offering; from every man whose heart maketh him willing dwell- ye s |,.,n take my offering. 3 And this is the special offering which ye shall take from them*: gold, silver, brass, 4 violet, purple, and red cloth, fine linen, goats' hair, "'rams' skins dyed red, Egyptian leather, acacia wood, 6 oil for the light, spices for the anointing oil, and for the sweet incense, 7 onyx stones and precious stones for the ephod and for the breastplate. 8 And let them make me a sanctuary, that I may dwell among them. 9 Exactly as I show thee the plan of the dwelling and of all its furniture, even so shall ye make it. its cur- 26 ' Moreover thou shalt make the dwelling with ten curtains; of fine twined linen, and violet, and purple, and red cloth, with cherubim the work of the skilled artisans shalt thou make them. 2 The length of each curtain shall be twenty -eight cubits, and the width of each curtain four cubits : all § 134 Careful biblical students have long recognized the idealistic elements in this priestly tradition, first current in certain Jewish circles eight centuries after the days of Moses. In general character it is parallel to the Chronicler's idealized and glorified accounts of the days .,f David and Solomon and the pre-exilic temple. Cf. Vol. I, pp. 22-28. Gold and silver and gorgeous fabrics take the place of the plain wood, and goats' hair cloth which the desert life alone affords. Moses' attendant Joshua and the simple customs of the earlier age and narratives are supplanted by a highly developed priesthood and ritual. The institutions and ceremonial ideas of the post-exilic age are again projected back into the primitive life of the wilderness, that then origin and authority may be traced to Moses, the traditional fountain of all law. The plan and furnishings of the dwelling are also modelled after those of the pre- exilic and post-exilic temple, simply being adapted to the supposed conditions of the wilder- nesa wanderings. Throughout, that centralization of all worship into one sanctuary, which did not come until the days of Josiah, § 140, is assumed. It is not strange that there are occasional discrepancies. The conclusions of modern architects that a structure constructed on the plan here outlined would not bear its own weight is probably correct. To transport it a vast caravan of wagons and oxen would have been required. The complete absence of all reference to it in the pre-exilic literature, and the nee instead of the simple and very different tent of meeting, and many other convincing ■ lata confirm the conclusion that this account of the dwelling or tabernacle came from the minds of the late Jewish priests, familiar with the second temple. The value of this elaborate description is insignificant compared with that of many other Bections of the legal literature. In the past more attention has been devoted to it than it really deserves — often to the neglect of noble ethical laws, which possess a permanent value. The account of the dwelling and its furnishings and rites is important chiefly because it is an indirect picture of the second temple and of its institutions. The repetitious sections in Ex. 31 1 " 11 , '•'>■'> HI, which simply tell in the same language of the execution of the commands to build the dwelling, have not been reproduced. 152 tains THE POST-EXILIC CONCEPTION [Ex Priestly Codes the curtains shall have the same measure. 3 Each set of five curtains shall be joined to each other. 4 And thou shalt make loops of violet on the edge of the outer curtain in the first set; and likewise shalt thou do with the edge of the outer curtain in the second set. 1 "'Fifty loops shalt thou make on the one curtain, and fifty loops shalt thou make on the edge of the curtain that is in the second set; j the loops shall be opposite one another. 'And then shalt make fifty clasps of gold, and join the curtains to each other with Un- clasps, that the dwelling may be one whole. 7 Furthermore thou shalt make curtains of goats' hair for a tent over the Outer dwelling; eleven curtains shalt thou make for thai purpose. 8 The length „',',_'' of each curtain shall be thirty cubits, and the width of each curtain four cubits; the eleven curtains shall have the same measure. 9 Thou shalt join five curtains by themselves, and the other six curtains by themselves, and the sixth curtain in the forefront of the tent thou shalt lay double. '"More- over thou shalt make fifty loops on the edge of the outer curtain in the firsl set, and fifty loops on the edge of the outer curtain in the second set. k ll And thou shalt make fifty clasps of brass, and put the clasps into the loops, and thus join the tent together, that it may be one whole. 12 And as for tin excess 1 which remaineth of the curtains of the tent, the half curtain which remaineth, shall hang over the rear of the dwelling. 13 And the cubit on both sides, the excess length of the curtains of the tent, shall hang over both sides of the dwelling to cover it. 14 Thou shalt also make a protecting covering for the tent of rams' skins dyed red, and a protecting covering of Egyptian leather" 1 above. 15 Moreover thou shalt make the boards for the dwelling of acacia wood Sup- standing upright. lo Ten cubits shall be the length of each" board, and a ] cubit and a half the width of each board. 17 Each hoard shall have two tenons mortised to each other; thus shalt thou make all the hoards of the dwelling. 18 Thou shalt make the boards for the dwelling, twenty boards for the south side facing southward. 19 And thou shalt make forty sockets of silver under the twenty boards; two sockets under each hoard for its two tenons; 20 and for the second side of the dwelling, facing northward. >' twentj boards, 21 with their forty sockets of silver; two sockets under each hoard. 22 And for the rear of the dwelling westward thou shalt make six hoards. 23 And two boards shalt thou make for the corners of the dwelling at the rear. 24 They shall be of equal size - beneath, and likewise they shall he of equal ' 26 4 Or, on the edge of the one curtain at tin- end, at tin- place of joining . . .. "I second place of joining. i 26 5 Or, that is, at the second place of joining. k 26 10 Or, edge of the outer curtain at the place of joining, . . . that is outermost at the second place of joining. 1 26 12 Lit., Overhanging part. m 26 14 The exact meaning of the word is uncertain. It is probably of Egyptian derivation. The current translation, seal skins, is very doubtful. » 26 16 So Luc. and Syr. ° 26 18 Luc, north side. p 26 20 Luc. south side. o 26 24 Heb., twins. The meaning may be that these corner board- .ire BBCUrel] Fastened to the adjoining boards of both the side and rear wails. 153 Ex. 26 24 ] AKK AND TENT OF MEETING Priestly Codes size 1 " at the top even to the first ring; thus shall they both be made; the} 7 shall form the two corners. 2o So there shall be eight boards with their sockets of silver, sixteen sockets; two sockets under each board. Con- -''Moreover thou shalt make bars of acacia wood; five for the boards on the one side of the dwelling, 2 'and five bars for the boards on the other side of the dwelling, and five bars for the boards on the rear of the dwelling, facing westward. 28 The middle bar which holds the boards shall pass through from end to end. 29 And thou shalt overlay the boards with gold, and make their rings of gold as holders for the bars; and thou shalt overlay the bars with gold. 30 So thou shalt erect the dwelling according to its plan, as it was showed thee on the mountain. Veil be- 31 Furthermore thou shalt make a veil of violet, purple, and red cloth and the* 11 fine twined linen; with cherubim, the work of the skilled artisan shalt thou 8 k° ly make it. 32 Thou shalt hang it upon four pillars of acacia overlaid with most gold; their hooks shall be of gold, upon four sockets of silver. 33 And thou place shalt hang the veil under the clasps, and thou shalt bring in thither, within the veil, the ark of the testimony; thus the veil shall serve you as a partition between the holy place and the most holy. § 135. Furnishings of the Dwelling, Ex. 25 23 " 40 , 27 1 ' 8 [Nu. 8 4 1 Ex. 30 17 " 21 . »-«, 26 3437 Priestly Codes Table Ex. 25 23 Moreover thou shalt make a table* of acacia wood : two cubits sh,,w- long, a cubit wide, and a cubit and a half high. 24 Thou shalt overlay it bread u |j}, uure gold, and make thereon a crown of gold round about. 25 Thou shalt also make for it a border of a handbreadth round about; and thou shalt make a golden crown for its border round about. 26 Then thou shalt make for it four rings of gold, and fasten the rings at the four corners that are on its four feet. 27 Close by the border shall the rings be, as holders for the staves whereby the table is borne. 28 And thou shalt make the staves of acacia wood, and overlay them with gold : with them shall the table be borne. 29 Thou shalt also make for it dishes, and cups, and flagons, and bowls with \\ hich the libation is poured out; of pure gold'shalt thou make them. 30 And thou shalt set showbread upon the table before me continually. candfe" 31 Mbreover thou shalt make a candlestick of pure gold; of beaten work stick *" shalt thou make 11 the candlestick, even its base and its shaft; its cups, and v its gourds, and its flowers shall be of one piece with it. w 32 And there shall r 26 2 - 1 So Sam. and Luc. Heb., entire. ' 26 31 So Luc. and Syr. Heb., shall he make it. § 135 The diagram on the opposite page suggests the general plan and arrangements of the dwelling and its surrounding court. ' -•}:'' Luc, of pure gold and acacia wood. „. , u . 253 ! So Luc., Sam. and Syr. Heb., shall be made. A briefer description of the candle- stick is also given in Nu. 8 4 . '25 So Luc. Heb., its cups, its gourds and its flowers, i. e., its cuplike ornaments consist- ing of gourds and flowers. w 25 31 Lit., shall come forth from it. Cf. also Nu. 8 4 . 154 FURNISHINGS OF THE DWELLING [Ex. 2 Priestly Codes be six branches going out from its sides: three branches of the candlestick from each side. 33 There shall be three cups made like almond-blossoms on each branch, consisting of a gourd and a flower; so for the sis branches springing from the candlestick; 34 and on the candlestick four cups made like almond-blossoms, its gourds and flowers; 3o and a gourd under each pair of branches, of one piece with it, so a for the six branches springing from the candlestick. 3G Their gourds and their branches shall be one piece with it; the whole a single piece of beaten work of pure gold. :;, Tli<>u shall also make its lamps, seven; and thou b shalt set up its lamps that they may give light over against it. 38 And its snuffers and the snuffdishes, shall !»■ of pure gold. 39 Of a talent of pure gold thou c shalt make it. with all these vessels. 40 And see that thou make them after their plan, which was shown thee on the mountain. 27 ^Thou shalt make the altar of acacia wood, five cubits long, and five Bacri- cubits wide; the altar shall be square and its height shall be three cubits, :i 'j ( ^ r 2 And thou shalt make the horns for it on the four corners; the horns shall be ™dj of one piece with it; and thou shalt overlay it with brass. 3 And thou shall sfla make its pots for taking away its ashes, and its shovels and its basins, and its flesh-hooks, and its firepans; all its vessels shalt thou make of brass. 4 And thou shalt make for it a grating of network of brass; and upon the net shalt thou make four brazen rings at the four corners. 'And thou shalt put it under the ledge round the altar, that the net may reach half way up the ■ 25 35 So Luc. The Heb. omits, so. b 25" So Luc. Heb., he shall. c 25 39 So Luc. Heb., sltall he make it. NORTH 3 — □ — cr MOST HOLY L>, 1 I I I I l I I I I I I I I L l — i S/t"U'bread _, HOLY PLACE UAllar of Incense aC andUetiek Mil I I I I o Law uf Brass a u nn nnnnn nnn a a — □ □ — LL. SOUTH PLAN OF THE DWELLING AND ITS COl RT 155 Ex. 275] TENT OF MEETING OR DWELLING Priestly Codes altar. ''Thou shalt also make staves for the altar, staves of acacia wood, and overlay them with brass. 7 And in carrying it, its staves shall be put into tlic rings, and the staves shall be upon the two sides of the altar. 8 Hol- low, with planks shalt thou make it; as it was shown to thee on the mountain shalt thou make it. Supplemental Priestly Codes Ex. 30 l7 Jehovah also gave this command to Moses, 18 Thou shalt make a laver of brass, with its base of brass, to be used for washing. Thou shalt put it between the tent of meeting and the altar, and thou shalt put water in it, 19 so that Aaron and his sons may wash their hands and their feet in it; 20 when- ever they enter the tent of meeting, they shall wash with water, that they die aot; or whenever they come near the altar to minister, to burn an offering made by fire to Jehovah. 21 So they shall wash their hands and their feet, thai they die not. This shall be statute forever d for them, even for him and his descendants throughout their generations. Altar 30 ^loreover thou shalt make an altar upon which to burn incense; of cense acacia wood shalt thou make it. 2 A cubit shall be its length, and a cubit its u kith; it shall be square; and its height shall be two cubits; its horns shall be of one piece with it. 3 And thou shalt overlay it with pure gold, its top, and the sides round about, and its horns; and thou shalt make on it a rim e of gold round about. 4 And two golden rings shalt thou make for it under its rim. upon its two ribs; f upon the two sides of it thou shalt make them; and they shall serve 8 as holders for the staves with which to carry it. 5 And thou shalt make the staves of acacia wood, and overlay them with gold. 6 And thou shalt put it before the veil that is by the ark of the testimony, before the cover that is over the testimony, where I will meet with thee. Order Ex. 26 :u And thou shalt put the cover upon the ark of the testimony in the most holy place. 35 And thou shalt set the table without the veil, and the candlestick opposite the table on the south side of the dwelling; and thou shalt put the table on the north side. 36 Moreover thou shalt make a screen for the door of the tent, of violet, purple, and red cloth, and fine twined linen, embroidered work. 37 And thou shalt make for the screen five pillars of acacia wood, and overlay them with gold; their hooks shall be of gold; and thou shalt cast five sockets of brass for them. d 30- 1 Or, perpetual regulation. e 30 3 Harder or crown. ' 30 4 Upon its two ribs, is possibly secondary, a marginal note from 25 12 . e 30 4 Luc. and Sam. Heb., it shall be. of ar- r.-iriL;.' iin-nt 156 FURNISHINGS OF THE DWELLING [Ex. 27* § 136. Court of the Dwelling, Ex. 27 9 " 19 Priestly Code Ex. 27 9 Thus shalt thou make the court of the dwelling : for the -out hern Plan court there shall be hangings of fine twined linen a hundred cubits long <>n a a'm.i,- side; 10 and its pillars shall be twenty, and their sockets twenty, of l>ni--: the hooks of the pillars and their fillets shall be of silver. "And likewise for the north side h the hangings shall be a hundred cubits in length, and its pillars twenty, and their sockets twenty, of brass; the hooks of the pillars and their fillets, of silver. 12 And along the width of the court <>n the wesl side shall be hangings of fifty cubits; their pillars ten, and tin ir sockets ten. 13 And the court on the east side facing eastward shall be fifty cubits wide. 14 The hangings for the one side shall be fifteen cubits, their pillars three, and their sockets three. 15 And for the other side there shall be hangings of fifteen cubits; their pillars three, and their sockets three. "And for the gate of the court there shall be a screen of twenty cubits, of violet, and purple, and red cloth, and fine twined linen, embroidered work: their pillars four and their sockets four. 17 A11 the pillars of the court round about shall be filleted with silver; their hooks also shall be of silver, but their sockets of brass. 18 The length of the court shall be a hundred cubits, and the width fifty cubits, and the height five 1 cubits. i 19 A11 the utensils of the dwelling f< »r all its service, and all its pins, and all the pins of the court, shall be of bra--. II ALTARS AND TEMPLES §137. Ancient Altars and Places of Sacrifice, Ex. 20" * [Dt. 27 s "! Primitive Codes Ex. 20 24 An altar of earth shalt thou make for me. and shall sacrifice on Diror- it thy burnt-offerings, and thy peace-offerings, thy sheep, and thine oxen: in OOn- § 136 This description is so much condensed that the meaning is not always clear. h27 n So Luc. and Sam. The Beb. inserts, long Uon >2V* So Sam. Heb., five hundred. Luc, one hundred ■ and da undtt <>».<• aI „| kUnd fz7vT& has added by mistake from * ",offin* '«"<«' ' ■ '' brass. presented and also shared m tne sacrince ci. now g !■•■•■ "■ • ■• ; •V, , |, r ,,..der in force long after the naive, primitive idea- that suggested them had yielded to a broader faith. on hova 7 And Jehovah thy God, 157 Ex. 20 24 ] ALTARS AND TEMPLES Primitive Codes every place, where I record my name, 8 I will come to thee and I will bless thee. 25 But if thou make me an altar of stone, thou shalt not build it of hewn stones; for if thou swing an iron tool over it, thou hast polluted it. -'Thou shalt not ascend by steps to mine altar, b that thy nakedness may not be uncovered before it. § 138. Solomon's Temple, I Kgs. 6 26 . "• 9 - 15 " 35 Temple Records Dimen- I Kgs. 6 2 The length of the temple which King Solomon built for Jehovah ■-'""- was sixty and its breadth twenty cubits, and its height thirty cubits. 3 And the porch before the large room of the temple was twenty cubits wide, cor- responding to the width of the temple, and ten cubits deep before the temple. 'And for the temple he made windows with narrowed frames. Side- 'And around against the wall of the temple he built wings, both around cham- tne i ar g er room and the inner room, and made side-chambers round about. 6 The lower side-chamber was five cubits broad, and the middle six cubits broad, and the third seven cubits broad; for on the outside he made offsets around about the temple in order not to make an inset into the walls of the temple. 8 The entrance into the lower side-chambers was on the south side of the temple. And one could go up by winding stairs into the middle story, and from the middle into the third. 9 So he built the temple and finished it; and he covered the temple with cedar. Into- '"'And he built the walls of the temple within with boards of cedar, from orations && noor °f tne temple to the rafters of the ceiling, overlaying them on the inside with wood; and he covered the floor of the temple with boards of cypress. 16 And he built off the back twenty cubits from the innermost part of the temple with boards of cedar from the floor to the rafters; he built it within for an inner room, even for the most holy place. 17 And the temple, that is the large room before the inner room, was forty cubits long. 18 And there was cedar in the interior of the temple, carving in the form of gourds and open flowers; all was cedar, no stone was seen. 19 And he prepared an inner room in the interior of the temple in order to place there the ark of the covenant of Jehovah. ~°And the inner room was twenty cubits long and twenty cubits broad and twenty cubits high. And he overlaid it with pure gold. And he made an altar of cedar wood 21 before the inner room, and he overlaid it with gold. 22 And the whole temple was overlaid with gold, until all the temple was finished. 29 And he carved all the walls of the house round about with carved figures of cherubim and palm trees and opening flowers, both in the inner and outer rooms. 30 And the floor of the temple he overlaid with gold. The 23a And in the inner room he made two cherubim of olive wood. 26 The {rim 11 " height of the one cherub was ten cubits, and so was that of the other — 23b each a Ex. 20 2 ' Lit., muse my name to be remembered, i. e., at each of the many sacred places, where according to tradition Jehovah had revealed himself, as, for example, at Bethel. *> Ex. JO-"' /. e., the approach was to be by a natural incline. § 138 The account of Solomon's temple is here reproduced from Vol. II, pp. 181-6, that it may be possible to make a complete study of this important institution. For the variations from the Heb. text, cf. Vol. II, notes under § 51. For the plans cf. opp. page. 158 r- SOLOMON'S TEMPLE [I Kgs. G 23 b Temple Records ten cubits high. 24 And one wing of the cherub measured five cubits, and the other wing of the cherub also five cubits — ten cubits from the extremity of one wing to the extremity of the other. -"'And the other cherub also measured ten cubits : both the cherubim were of the same measurement and form. 27 And he set up the cherubim in the inner room of the temple, and the wings of the cherubim were stretched forth, so thai the win:: of the one touched the one wall, while the wing of the other cherub touched the other wall, and their wings touched one another in the middle of the temple 28 and he overlaid the cherubim with gold. 31 And the door of the inner room he made with folding doors of olive - wood; the pilasters formed a pentagonal. ''-And on the two doors of olive \)"' T "' wood he carved carvings of cherubim and palm trees and opening flowers, room and he spread the gold over the cherubim and the palm trees. 33 So also he made for the door of the large room posts of olive wood, four square, 34 and two folding leaves of cypress wood : the two leaves of the one door were folding, and the two leaves of the other door were folding. 35 And he carved cherubim and palm trees and opening flowers, and overlaid them with gold applied evenly to the carving. §139. Ornamentations and Furnishings of Solomon's Temple, I Kgs. 1 II Chr. 4 1 . '■ 8 [3 16 - 17 , 4 2 - 6 . 8 , 5 1 , Jer. 52 21 - 23 ] Temple Records I Kgs. 7 13 Then King Solomon sent ami brought Biram-abi from Tyre. 14 He was the son of a widow of the tribe of Naphtali, an Araniean worker in brass; and he was gifted with skill, understanding, and knowledge to carrj fj£n on all kinds of work in brass. And he came to King Solomon and did all his work. 15 For he cast the two pillars of brass for the porch of the temple. Eighteen cubits was the height of one pillar, and its circumference measured twelve cubits; the thickness of the pillar was four fingers- it was hollow. And the second pillar was similar. 16 And he made two capitals <>(' molten brass, to set upon the tops of the pillars: the height of the one capital was five cubits, and the height of the other capital was five cubits. 'And lie made two nets (woven work, festoons, chain-work) for the capitals which were on the top of the pillars; a net for the one capital, and a net tor the other capital. 18b And he made the pomegranates; and two row- of pomegranates in brass were upon the one network, -'"'and there were two hundred pomegranates — two rows around about the one capital. 8o And he did the same to the other capital. "And the capitals Hot were upon the top of the pillars in the porch were of lily-work— four cubits. -''Ann there win; capitals above also upon the two pillars, in connection with tin- bowl-shaped pari ol the pillar which was beside the network. 2, And he set up the pillar> at the porch of the temple: and he set up the pillar at the right and called it .la.hin: and he set up the pillar at the left and called it Boaz. B And upon m ^ e f en t n Jay f t ne m onth, in the fourteenth year after the proph- et's vision c Lev. 17 3 This law of one central sanctuary stands at the beginning of the Holiness Code, A later priestly editor has added clauses here and there to adapt it to its present context, which assumes the point of view of the Wilderness, and is concerned with the tent of meeting. d Lev. 17 7 Lit., after which they play the harlot. Ezekiel's Temple Plan. — Excepting the brief appendix, 29 17 " 21 , this plan of the restored temple and of its service represents Ezekiel's closing work. It is dated in the year 572 B.C.. twenty-five years after he was carried a captive to Babylon, and fourteen years after the fall of Jerusalem. The plan reveals at every turn the two great influences that had come into Ezekiel's life. The first was his acquaintance with the structure and institutions of the pre- exilic temple, in close connection with which he, as the son of a priest, had been reared. In his general plan of the temple proper he appears to have followed that of Solomon, cf. § 138, although there are variations in the detailed measurements. The other prominent influence is that of the Babylonian life and civilization amidst which he had lived for twenty-five years. This influence is most evident in the great guarded gateways and thick walls with which he in im- agination encircles his sanctuary. Like most of the Babylonian temples, that of Ezek. is, indeed, a small eity in itself, with many surrounding edifices for the uses of the priests and tlie ritual; and all is encircled by high walls which render it an almost invincible fortress. For the general type of oriental temples that he had in mind cf. the opposite page. Thus the pp iphet, in this concrete way, emphasized the holiness of the God who was to dwell in this sacred citadel, and the necessity of guarding Israel's Holy One from all that was ceremonially defiling, cf. Introd., pp. 37, 38. The Heb. text of Ezek. 40-48 is exceedingly corrupt. The original descriptions were often obscure; when these were not fully understood, scribal errors were sure to creep in. Mis- takes are also especially easy where detailed measurements and similar recurring formulas are common. In many cases the > EzekieVs Code city was taken, on that very day, the hand of Jehovah was laid upon me, and he brought me 2 in an inspired vision b to the land of Israel, and ><•) me down upon a very high mountain, on which was a city-like building toward the south. d 3 Thither he brought me, and there was a man whose appearance was like the appearance of bronze, with a flaxen Hue and a measuring teed in his hand; and he was standing in the gateway. 4 And the man said to me, Son of man, behold with thine eyes, and hear with thine cars, and give heed e to all that I shall show thee; for, in order that thou shouldst be show n it werl thou brought hither; declare all that thou seest to the house <>)' Israel. 5 There was a wall encircling a temple, and in the man's hand a measuring reed six cubits long, each cubit being equal to a cubit and a handbreadth' SJJJjf and he measured the thickness of the building, one reed; and the heighl one reed. 6 Then he came to the east gateway and went up its steps and measured i .-< the threshold of the gate one reed wide. g 7 And each guard-room was one reed long, and one reed broad; and between the guard-rooms were spaces b u:iV of five cubits; and the threshold of the gate at the vestibule of the gate on the inner side was one reed. 1 9 Then he measured the vestibule of the gate, eight cubits, and its jambs, two cubits; and the vestibule of the gate was on the inner side. 10 And the guard-rooms of the east gate were three on each side; all three were of the same dimensions; and the posts were on both sides. n And he measured the breadth of the entrance to the gateway, ten cubits; and the width j of the gate, thirteen cubits; 12 and there was a sill one and repeats the verb, probably from 3 . SSI S&.%K;ttiSlSo 4 il« the prophet came from thenorth. The tern- pie buildings referred to were also along the southern slope of the tempU QUI. e 40 4 Heb.. set thy heart upon. . H „ n ,i.,, K ,1 170 « 40 s Ezekiel's long cubit was probably about 21 inches. Herodotus CI. 171 the royal Babylonian cubit was three digits longer ban the u , ar> u - « 40« So Gk. In the Heb. a scribe has by mistake repeated last au . MO? these were the niches, three on each side of the passage way. lor in< i ^^So^feb 4 ^" ^ following gloss which contradicts ::;r v «n- intelligible. He measurer! also the vestibule 0} the gate on At i inner not found in the Gk. The error is probably due to the fad thai tn< scru> sun enti ?4 n The Heb. reads, the length of the gate thirteen mbUe, but gi^^antndg^' six cubits long and one in height and thickness. JS" g2S&S.°&l as , .tad demands Tetter p. I the v **$$»•£ G k SCU Heb. T S but fe&ttSo^yrSE a-ure *« I » 163 K/.i k. 40 16 ] EZEKIEL'S TEMPLE PLAN Ezekiel's Code "'And the guard-rooms and their jambs had windows," within the gate round about, and likewise the vestibule 1 " had windows round about within; and on each jamb were palm-trees. 17 Then he brought me into the outer court, and there were chambers tourt and a pavement made round about the court; thirty chambers were upon the pavement. l8 And the pavement was on the side of the gateways; it o 40 1 ' 1 Or, latticed. i id I*- The Heb. text is corrupt; a scribe has apparently confused the Heb. word for ves- tibule with the similar word for arch. Outer NORTHERN GATEWAY 500 UK CUBITS ■ &Q0 g==j CUBITS SOUTHERN GATEWAY GENERAL PLAN OF EZEKIEL'S TEMPLE 164 OUTER GATES AND COURT [Ezek. 10 EzekieTs Code corresponded to the length of the gateways, thai is, the lower pavement 19 Then he measured the breadth from the trout of the lower gate to the front of the inner court without, one hundred cubits on the easl and on the north. 20 And the north gateway of the outer court, he measured its length and North breadth. 21 And there were three guard-rooms on each side; and it- jambs and its vestibules^ corresponded to the measurement of the first gate; it- s length was fifty cubits, and its breadth twenty cubits. --'And its windows and its vestibule** and its palm trees measured the same as those of the east gate; and seven steps led up to it; its vestibule was within. 1 -"'And there was a gate to the inner court opposite the north gate, corresponding to the one on the east; 3 and he measured from gate to gate one hundred cubits. 24 And he led me toward the south; and he measured it- guard-rooms' S and its jambs and its vestibule; they were of the same dimensions a- the others. 25 And there were windows in it and in its vestibule round about cor- responding to the other windows; the length was fifty cubits, and the breadth twenty-five cubits. 26 And seven steps led up to it, and its vestibule 11 was within; and it had palm-trees, one on each side of its jambs. 2 'And there was a gate to the inner court on the south; and he measured from gate to gate toward the south a hundred cubits. § 142. The Inner Court, Ezek. 40 28 " 47 ' EzekieVs Code Ezek. 40 28 Then he brought me to the inner court at the south gate- Boutfa way; and he measured the south gateway: it measured the same as the others; ££! 29 its guard-rooms, and posts and vestibule were of the same dimensions as way the preceding; and there were windows in it and in its vestibule round about : it was fifty cubits long and twenty-five cubits wide. v 31 And its vestibule faced the outer court; and there were palm-trees beside its posts; and the ascent to it had eight steps. 3 2 And he brought me to the east side of the inner court : and he measured the gateway; it measured the same as the others; ; 'and its guard-rooms and K!lll ._ posts and vestibules were of the same dimension- as the preceding; and there ■ were windows in it and in the vestibule round about: it was fifty cubits long and twenty-five cubits wide. 34 And its vestibule faced the .niter court ; and there were beside its palm-trees posts, one on each side: and the ascent to it had eight steps. 35 Then he brought me to the north gateway: and he measured the gatewaj ; North it measured the same as the others. 36 An«l its guard-rooms and posts and vestibule s were of the same dimensions as the preceding: and th ere were- q 4021. 22 Standard Heb. text, arches. ' 40 22 So Gk. ll«l>.. before them. • 40 23 The Heb. has simply, to the rust. * 40 24 So Gk. The Heb. omits, and Us i/mird-rooms. vln'o Tr^fifckofriteV'A scribe add. in the Beb. different dimension!, Ita ***&£ roU nd^o^wa?to^%*cubU?lZ £d five cubU. wide. These, however, are 165 Ezek. 40 36 ] EZEKIEL'S TEMPLE PLAN Ezekid's Code windows in it and in the vestibule round about: it was fifty cubits long and twenty-five cubits wide. 37 And its vestibule faced the outer court; and there were beside its palm-trees posts, one on each side; and the ascent to it had eighl steps. Sacrifi- !s And there was a chamber with its opening into the vestibule of the gate- g?j lea way; w there they washed the burnt-offering. 39 And in the vestibule of the gateway were two tables on each side, on which were slain the burnt-offerings and the sin-offerings and the guilt-offerings. 4u And outside the entrance to the gateway on the north, were two tables. 41 There were four within and four without the gateway : eight tables, upon which the burnt-offerings were slain. 42 There were also four tables for the burnt-offering, of hewn stone, each a cubit and a half long, and a cubit and a half broad, and a cubit high; en which they laid the instruments wherewith the burnt-offerings and the sacrificial animals were slain, 4:i und projections, one handbreadth in length, were fastened within round about. And over the tables were protecting roofs to keep off the rain and the hot sun. a Cham- 44 He brought me outside the gate and into the inner court, and there were ',,;;; 1,,r two chambers on the inner court, b one by the north gate, facing the south, acting the other by the south gate facing the north. 45 And he said to me, This pnesta chamber, which faces the south, is for the priests, who have charge of the temple; 4fi and the chamber which faces the north is for the priests who have charge of the altar; they are the sons of Zadok, those of the sons of Levi who may come near to Jehovah to serve him. 47a And he measured the court, a hundred cubits wide, and a hundred cubits broad — a perfect square. § 143. The Great Altar, Ezek. 40 « b , 43 13 " 27 EzekieVs Code Dimen- Ezek. 40 47b The altar was in front of the temple. 43 13 And these are sions the- measurements of the altar in cubits of a cubit and a handbreadth : the base shall be a cubit high, one cubit wide, with a border around its edge about a span wide; and this shall be the height of the altar : 14 from the foun- dation base c to the lower ledge shall be two cubits, and the width one cubit; and from the smaller ledge to the greater ledge shall be four cubits, and the width one cubit. 15 And the altar hearth d shall be four cubits high; and above the hearth e shall be four horns, one cubit high. 1G And the altar w 4Q3S Following a text slightly corrected by the aid of the Gk. and in accord with the demands of the architectural plan. Heb.. by the posts, the gates. This chamber was probably one of the niches or guard-rooms. The Hob. reads, a chamber and its door with jambs at the gatewai/s. Probably the eastern gateway is the one here intended, although the context sug- gests the one on the north. . a 40 13 So Cik. Heb., and on the tables was the flesh of the oblation. i- to 1 1 S.i (Ik. The Heb. text is exceedingly corrupt. The Heb. also reads, east, in the last line instead of south gate, as the context strongly demands. § 143 The general plan of the great altar was probably modelled closely after that of Solo- ni. hi and is especially valuable, since for some reason the description of the latter has fallen out of the text of I Kgs. (i. The diagram opposite will suggest the form of Ezekiel's altar. « 43 M Lit., base of the earth; of the earth may be a scribal error. Gk., from the top of the base. 'i 43 ,s So Gk., Syr. and Lat. • 43 15 Again following the Gk 166 THE GREAT ALTAR [Ezi k. 40 lfl EzekieVs Code hearth shall be twelve cubits square. 17 And the ledge shall be fourteen cubits square; and the border about it shall be half a cubit; and the b one cubit wide round about. Its steps shall face the east. 18 Then he said to me, O man, thus saith the Lord Jehovah : 'The-.- arc i the regulations for the altar in the day when it is completed, " In order that burnt-offerings may be offered and blood sprinkled on it. l9 thou shall give* all:,r to the priests the Levites who are of the family of Zadok, who approach to serve me," saith the Lord Jehovah, "a young bullock as a Bin-offeril 20 And they 1 ' shall take some of its blood, and put it on the tour horns, and on the four corners of the ledge, and on the border round about; thus shall they cleanse it and make atonement for it. 21 They shall also take the bul- lock of the sin-offering, and it shall be burnt in the appointed place outside the temple. 22 And on the second day they shall offer a male goal without blemish as a sin-offering, and shall cleanse the altar, as they cleansed it with the bullock. 23 When they have made an end of cleansing it. thej shall offer a young bullock and a ram from the flock without blemish. -'Ami they shall present them before Jehovah, and the priests shall sprinkle salt upon them 1 and they shall offer them as a burnt-offering to Jehovah. -'"Sex en days shalt thou provide daily a goat as a sin-offering;' they shall also provide a young bullock, and a ram from the Hock, without blemish. -'I'<>r seven days shall they make atonement for the altar and purify and consecrate it. 27 At the end of these days, on the eighth day and thereafter, the priests shall present your burnt-offerings and your peace-offerings upon the altar; k ami I will accept you," saith the Lord Jehovah.' f 4319 The regular form of the religious commands. The community, not Bcek., is ad- dressed. He himself was one of the Levitical priests to which reference is made. g 4319 The sin-offering, as elsewhere in the priestly laws is nol f>>r moral but ceremonial defilement cf. note § 204. 11 43 20 So Gk. The Heb. has the second person singular throughout this and tin' following vss., except in —• 2 - r> . The Gk. evidently has the original reading and the variations ar.' din- to a scribe who was influenced by Ex. 29 36 , Lev. 18 11 when' the Becond person singular i> used. 1 43 24 /. e., the food for the Deity was prepared as an ordinarj 1 ' 43 25 So the Gk. anil the marginal reading of the Beb. k 43 27 Cf. for the similar ceremony in the priestly codes, Ex. 29 10 " 8 * 1 § 162, L\ I ALTAR HEARTH SMALLER LEDGE GREATER LEDGE 3' FOUNDATION BASE 167 Ezek. 40 48 ] EZEKIEL'S TEMPLE PLAN Porch Main lull I Must holy place Inte- rior decora- tions of the temple § 144. The Temple Proper, Ezck. 40 48 -41 4 . I5b - 26 Ezekiel's ( 'ode Ezek. 40 liS Then lie brought me to the porch of the temple, and meas- ured the jambs of the porch on each side, 1 five cubits in thickness, and the width of the gate was fourteen cubits and the pillars of the gate were three cubits thick on each side. 49 The dimensions of the porch were twenty by twelve™ cubits; and the ascent was by ten steps; 11 and there were pillars by the jambs on each side. 41 1 Then he brought me to the hall of the temple and measured the jambs, six cubits broad on each side. 2 And the breadth of the entrance was ten cubits; and the sides of the entrance were five cubits on each side; and he measured its length, forty cubits, and its width, twenty cubits. 3 Then went into the inner room and measured the jambs of its entrance, two cubits; and the entrance, six cubits; and the side-walls p of the entrance, seven cubits on each side. q 4 And he measured its length, twenty cubits, and its breadth, twenty cubits, before the hall of the temple. And he said to me, This is the most holy place. 15b And the hall of the temple, and the inner room and its porch were paneled, 1 " 16 and the windows latticed 8 and covered.* And the galleries round about on their three stories, opposite the threshold, were ceiled with wood round about, from the ground up to the windows," 17 and from the § 144 Cf. the description and plan of Solomon's temple, § 138. The plan below will in- dicate the general form of Ezek.'s temple. l 4Q48 Following the fuller and obviously better preserved Gk. reading. "" 40 49 So Gk. Heb., eleven. n 40 49 Again the Gk. has retained the original reading. ° 41 ' So Gk. A scribe has added to the Heb., the breadth of the tabernacle. p41 3 SoGk. o 41 3 This last clause is preserved only in the Gk. r 4i 15b Following the Gk. supported by the context. » 41 16 An exceedingly doubtful vs., cf. I Kgs. 6 4 > 15 , 7 4 . t 4ii6 Transferring this clause from the end of the vs. where it interrupts the sense. u 41 10 Or, roof, changing the text slightly. THE TEMPLE PROPER [Ezek. n 17 Ezekid's Code door to the inner room and without. And on ;ill the wall round aboul within and without were drawings'" l8 and carved cherubim and palm-trees, there being a palm-tree between every two cherubim. And each cherub had two faces; 19 the face of a man turned toward the palm-tree on the one Bide, and the face of a young lion turned toward the palm-tree on the other -i« 1< ■ : they were carved on all the temple round about. -'"From the ground to the top of the door were carved cherubim and palm-trees. The wall of the hall of the temple had w 21 pilasters. And before tin- holy place was something thai looked like 22 an altar of wood. x three cubits high, and two cubits in thickness and two cubits in width; and its corners, and its base and walls were of wood. And he said to me. This is the table that stands 8 before Jehovah. - ; And the base of the temple and the holy place had two doors. '-'And each door had turning leaves; two for each door. -"Cherubim and palm-trees were carved on them, as on the walls: 1 ' and there was a threshold in trout of the porch without. 26 And there were closed windows and palm-trees on both sides of the porch; thus were the side-chambers of the temple and the thresh- olds. §145. The Side-Chambers, Ezek. -il 5 " 15 " Ezekiel's Code Ezek. 41 5 Then he measured the thickness of the wall of the temple. P ■ six cubits; and the width of the side-chambers, four cubits, round aboul the temple on every side. 6 And the side-chambers were in three -lories, one-" above another, and thirty in each story; and there were abatements all around the walls of the temple that the side-chambers might be fastened to them and not in the walls of the temple. 7 And tin- side-chambers became wider as they went up higher and higher,' 1 for the temple grew narrower higher and higher up round about the temple; 6 and there was an ascent 1 from the lowest story to the highest by the middle story. \\nd 1 also si« that the temple had a raised platform round about: the foundations of the side chambers were a full reed in height, that is. six great cubits. "The thickness of the outer wall of the side-chambers, was five cubits; ami the space hit be- tween the side-chambers that belonged to the temple '"and the outer cham- bers was twenty g cubits wide round aboul the temple on each side. "And the doors of the side-chambers were toward the open space, on,- door toward .li- ini'ii- v 41 17 Lit., measured. w 41'-'° The Heb. repents, hall of the temple »4l" Restoring the word demanded by the contort an ' by the gk- . M ■■>•' V scribe las added to make the sense clear, on thi d t of toenail oftht "" ,,f ; 4128 The meaning of tins word is doubtful; proje, wd cormee hat been nr geste d d ii7 This vs is verv doubtful. The above translation is based upon two plausil i endations. Thlidea dSrly is that the upper chambers were larger because .1 u* , of th ^T T t7ioi!:'tlds. therefore there was width to the temple ab ' 41 7 Correcting a Blight error in the Ileb. «41 10 Or twenty-live cubits, ef. ". 1 69 men- Ezek. 41 11 ] EZEKIEL'S TEMPLE PLAN EzekieTs Code the north and another door toward the south; and the width of the open space of the platform was five cubits round about. Dimen- '-'And the building that faced the enclosure on the west was seventy cubits ^,','l'h,. wide: and the wall of the building was five cubits thick round about, and its western length ninety cubits. 13 So he measured the temple, a hundred cubits long; ing and and the enclosure, and the building, with its walls, a hundred cubits long; emp e 14 also the width of the front of the temple, with the eastern enclosure was one hundred cubits. l5a And he measured the length of the building in front of the rear enclosure, its galleries on both sides, one huudred cubits. § 140. Chambers and Kitchens for the Priests, Ezek. 42 114 , 46 1924 /.":< kid's Code Plan Ezek. 42 ^hen he brought me forth into the outer court on the north; " and he brought me to the chamber which faced the enclosure and the build- ing on the north. 2 One hundred cubits was its length on the north side,' 1 and the width was fifty cubits. 3 Opposite the space of twenty cubits 1 which belonged to the inner court, and the raised platform which belonged to the outer court, was a gallery on each side in three tiers. 4 And in front of the chambers was a passage-way to the inner court, ten cubits wide and one hundred^ cubits long; and their doors were on the north. 5 The upper chambers were smaller, for the galleries took away from these, more than from the lower and the middle chambers in the building; 6 that is, they were in three stories, and had no pillars like the pillars of the outer courts; there- fore the upper was smaller than the lowest and middle chambers. "And the outer wall by the side of the chambers along the outer court in front of the chambers was fifty cubits long; ^hat is, the length of the chambers in the outer court was fifty cubits, while in front of it was one hundred cubits. 9 Below these chambers was the entry on the east side, as one approached them from the outer court; 10 at the beginning k of the outer wall on the south, in front of the enclosure and the building, were chambers, n with the pas- sage-way before them; they were similar 1 to the chambers on the north; of the same length and width, the same exits and arrangements, and with their doors on the south. 12 There was a door at the beginning of the passage-way, directly in front of the wall on the east, as one approached them. 13 Then said he to me, the north and south chambers are the sacred cham- bers, where the priests who approach Jehovah shall eat the most holy things; there they shall deposit the most holy things, the cereal-offering, and the sin- offering, and the guilt-offering, for the place is holy. m I 146 Cf. the general plan p. 164. It is impossible to determine definitely from the description just what was the plan and arrangement of these chambers of the priests. >light!v correcting the Heb. I 42^ Cf. "41 io. i 42' SoGk. Heb.. one. k 42 10 Following a slightly corrected text, cf. 12 . 1 42 11 Slightly emending the text, m 42 13 The following vs. u is evidently a scribal insertion from 44 19 . 170 Their KITCHENS FOR THE PRIESTS [Era. 46" EzekieVs Code 46 19 Then he brought me through the entry, which was at tli«- aide <>f the Kiteh- gate, into the priests' sacred chamber on the north: and there was a place ' on the extreme western side. 20 And he said to me. This is the place where the priests shall boil the guilt-offering and the sin-offering, and bake the cereal-offering, so as not to bring Muni out into, the outer court, thereby making the people sacred." 21 Then he brought me into the outer court, and made me pass by the four corners of the court: and there in each corner of the court was a court. 22 In the four corners of the court there were small courts forty cubits long and thirty cubits wide; these four in the corners were of the same size. 23 And there was a row of stonesP round about each of the four, and places for boiling were constructed beneath the row of stones round about. 24 Then he said to me, These are the houses where the ministers of the temple shall boil the sacrifice of the people. § 147. Sanctity of the Temple and Land Consecrated by Jehovah's Presence, Kzek. 42 15 -48" EzekieVs Code Ezek. 42 15 Having finished the measurement of the inner temple he Tot*] brought me by way of the east gate, and measured it round about. l6 He measured on the east side five hundred cubits," with the measuring reed ^''.' |,le round about. 17 He measured on the north side five hundred cubits' by the ■ measuring reed round about. 18 He measured on the south side five hundred cubits by the measuring reed. 19 Then he turned to the west side and meas- ured five hundred cubits by the measuring reed, -"lb- measured it on the four sides; and 8 it had a wall round about, five hundred cubit- in length and five hundred cubits in width, to separate between the sacred and the common. 43 x Then he brought me to the east gate. 2 And behold the glorj >>( the Virion God of Israel came from the east; and his voice was like the sound of many hovah waters; and the earth shone with his glory. 3 And the vision which 1 -aw was like 1 that which I saw when he u came to destroy the city; an. I the visions were like that which I saw by the River (hebar: and I tell on my face. *Then the glory of Jehovah came into the temple by the east gate. "And the Spirit took me up, and brought me into the inner court; and, behold, the glorj d Jehovah filled the temple. »46-° The belief that contact with sacred things rendered those touched al therefore unfit for certain ordinary occupations was one >.f the fundamental beueta antiquity, cf. 42 113 , 44 19 . Lev. 18 . 27 . , , , , , , ■ . , i i °46" So Gk. and Syr. The Heb. text is doubtful; possibly it maj 1"' rendered inctotatf. P46 23 Or possibly, colonnade. , § 147 This section reveals the religious purpose which actuated Bask. In den loping una elaborate description of the temple. o 42 15 So Gk. Heb., reeds. , „ '42 17 Heb., reeds, but this is clearly due to a scribal error, of. the plan and tne 40i3. is. 19. 33. 47_ xhe same error is repeated in 1S - '•• • 42 20 So Gk. and Syr. The Heb. omits the and. »43 3 Following the Gk. »43 3 Heb., /, but the context demands he, cf. 1 and 10. 171 K/I K . 136] IXKKIEI/S TEMPLE PLAN / i Temple 'Then I heard one speaking to mo from the temple, as One stood by me. 7 And he said to me, man. this is the place of my throne, and the place for soles of my feet, where I will dwell in the midst of the Israelites forever. And the house of Esrael, they and their kings, shall no more defile my holy name' with their idolatry? and with the corpses of their kings s by placing their thresholds by my .threshold, and their door-posts beside my door-post, with only a wall between me and them, thus defiling my holy name by the abominations which they have committed: therefore I have destroyed them in mine anger. °Now let them put away their idolatry, and the corpses of their kings, far from me. that I may dwell in the midst of them forever. '"Do thou, O man. show the house of Israel the temple, its appearance and its pattern,* "that they may be a-hamed of all that they have done, minion J escr ibe to them the temple and its construction, its exits and its entrances and its form, and make known to them all its ordinances and laws: and write it down in their sight, that they may take heed to perform all its forms and ordinances. l2 This is the law of the temple : on the top of the mountain its whole territory shall be sacred. Behold, this is the law of the temple. B Sacked Officials I IN THE PRE-EXILIC HEBREW STATE 5 1 IS. Call of the Tribe of Levi, Ex. 3-2- 5 - 9 . Dt. 10 s Primitive Codes Zeal Ex. 32 25 Xow when Moses saw that the people had thrown off all re- Levitea straint (since Aaron had given them the reins, to become an object of derision and its The Heb. adds, in the high place. Heb.. whoredom. • acting the obviously corrupt Heb. with the aid of the Gk. Sacred Officials in the Pre-exilic ' Hebrew State. — According to the most primitive ■ thought and usage the head of the family was also its priest. As society became nmre complex, the chief priest of the tribe was the sheik, and of the nation the king. Thus the earliest rulers of the city states of ancient Babylonia and Assyria were still the heads of the nal - ich were subject to certain ceremonial restrictions, as for example the refraining from certain acts on the seventh day. Among the Egyptians, the Ethiopians and the Sabeans the king was also the chief priest of the nation. Many of the more modern illustrations of the same institution might be cited; the Mikado of Japan is perhaps the most familiar example. The original idea underlying these wide-spread institutions seems to have been that the god or gods chose certain men to represent them. The archaic Babylonian sign for king pic- tures the hand of the god resting upon the head of the man thus chosen and commissioned. 172 reward CALL OF THE TRIBE OF LEVI [Es Primitive Codes among their enemies), 26 Moses stood in the gate of the camp and said, Who- ever belongeth to Jehovah, come to me. And all the sons of 1 ,il (prob- ably symbolizing the fat ofthe sacrifice) was employed in consecrating both (dug and prieet. Thus the idea of the Messiah, the anointed, who represented both the god and the cation, was innate in earlier Semitic thought. Hebrew history furnishes many suggestions regarding the origin of the priesth I. Even down to the days of the exile, the head of the family performed the sacrifice, cf. Gideon offers a burnt-offering on the altar which he rears. Judg. 6 26 . Saul on the haul' builds an altar on which the warriors slay their booty, I Sam. 14 34 - ■ i: '. Only the Btrictei monialism of a later age condemned his offering a burnt-offering on the eve of battle. I Sam. 10 9 . King Solomon sacrificed as the chief priest of the nation at the dedication of the temple, I Kgs. 8 5 - 62 - 64 . Three times each year he also offered the sacrifice in behalf of the nation. I Kgs. 9 25 . In time, however, the ceremonial and other restrictions placed upon the chief priest of the nation limited the free exercise of the kingly functions. Among Bome earlj chief ruler was shorn of all real military and civil power, and became only the head of the national cult. Other kings, like David and Solomon, appointed certain royal priests and conferred upon them the priestly functions which originally belonged to the head of tin- nation. Priests like Zadok, and those appointed by Jeroboam I of Northern Israel al the royal tuaries of Dan and Bethel, were officers of the king and undoubtedly al first were supported by royal revenues. Thus arose in Israel, as among other Semitic people-, the distinct class of priests whose duty it was to attend to the details of the sacrificial ritual. § 148 The origin and functions of the sons of Levi appear to have been Bomewhal similar and yet different from those of the priests of the royal sanctuaries. '1 • to the sons of Levi in the earliest sources are unfortunately rare. The ancient oracle in Gen. 19 ' speaks in condemnation of some act of vengeance committed by them, because their anger was fierce and their wrath cruel. The consequence was that they were divided in Jacob and ac< in Israel. The act thus indicated is probably the basis of the story in Gen. 34. cf. Vol. 1 5-11 Gen. 49, the sons of Simeon are associated with those of Levi. The deed which elicited the re- buke attributed to Jacob, 34 w , was their pitiless zeal in slaying the f lanaanitee « iili whom their clansmen had just made a close alliance. Their motive was probably tia&t jeala hovah, which would tolerate no alliances with heathen peoples- the same jealousy that in- spired Elijah in later times. A similar spirit is revealed in the Northern [sraelitian ax unt of their bloody zeal in slaying their idolatrous kinsmen, cf. above. The Story comes from a period when the prophetic conscience had been aroused to condemn the golden calve-, long regarded as legitimate by the Northern Israelites; but it is only one of their devotion to the religion of Jehovah. This zeal was probably derived from then clansman Moses. It naturally explain- why they early suffered such a great disaster at the hands of the incensed Canaanites that the few who survived were scattered and went forth to find homes and a precarious existence among the other Hebrew tribes. I heir jealousy Jehovah, their relationship to the great leader Moses, and the fact thai th( tribal home nor unify also furnish a probable explanation of why they earlj became attached to the various shrines throughout the land of Israel. The ancient story in Judg. 17 and is furnishes a vivid and almosl contemporary Picture of this process. Micah the Ephraimite, having established a familj sanctuary with epnod and oracle, first appointed his son as its priest. Hut when a wandering I <•% ite came bj chance from Bethlehem in Judah. Micah at once engage.) him. by the payment ol a definite sun year, to stay and be a inline and priest to the Ephraimite household, 1" ' stole the priest and paraphernalia of the shrine- and so this l.evilc. Jonathan the grandson Ol Moses. ls : ". became the head of the priesthood of the famous sanctuarj at Dan. Thus it would appear that in this natural way the sons of Levi, the scattered cl of Moses, became i he guardians of many of Jehovah's oracles and local shrines. It «.. natural that in time the title, son of Levi, should be applied to all who belong tp thlf ■ Whatever may have been their ancestry. 30 thai like the terms, tOM OJ tin proplU of Korah, it simply designated the members of a caste or guild. 17.". D T . 108] PRE-EXILIC PRIESTS Deuteronomic Code* Conee- Dt. 10 8 A1 thai timc a Jehovah set apart the tribe of Levi, to bear the ark nMho" of ,,u ' covenanl of Jehovah, to stand before Jehovah to minister to him, b Levites aI „l to bless in his name, even to the present day. § I ft Duties of the Sons of Levi, Dt. 33 s *. 10 , 21 Sb [18 5 ], 17 813 , 31 25 - 2B , 24 8 , 26 1 "*, 20 2 " i Primitive Codes To ron- Dt. :$:i 8a Of Levi Moses said, oisiona Thy Thummim and thy Urim c are for thy holy one. d and ' "They show Jacob thy judgments, O Jehovah, °f c e r r ;. And Israel thy instruction, fices They bring to thy nostrils the savor of sacrifice, And whole burnt-offering to thine altar. Deuteronomic Codes To act Dt. 21 5b Jehovah thy God hath chosen the priests the sons of Levi to a ) i "' 1 "" minister to him, and to bless in the name of Jehovah. And according to minis- their sentence shall every dispute and case of assault* 3 be decided. To act 17 s lf a case involving bloodshed or conflicting claims, or the plague of fudges leprosy* — subjects of dispute within thine own city — be too difficult for thee i" <>"' to decide, then thou shalt set out and go up to the place which Jehovah thy of final God shall choose; 9 and thou shalt come to the Levitical priests, and the appeaJ judge who shall be in office in those days;* and thou shalt inquire, and they shall make known to thee the judicial decision. 10 And thou shalt act ac- cording to the tenor of the sentence, that they shall make known to thee from the place which Jehovah shall choose; and thou shalt do exactly as they direct thee: "according to the tenor of the instruction which they give thee, » Dt. 10 s This vs. originally once followed 5 , which tells of Moses' descent from Horeb with the ten words. It implies the incident recorded in Ex. 20 25 " 29 and possibly a fuller ac- count, now lost, of the call of the tribe of Levi at that time, cf. also 18 5 . 11 l)t. HP /. e., to serve as priests, cf. I Sam. 16 21 . § 149 The story of the young Levite, who was employed by Micah the Ephraimite, Judg. 17, 18, as well as the references in I Sam. to the activity of Eli and his sons, would seem to indicate that originally the sons of Levi were simply the guardians of the sacred objects like the ark and the Urim and Thummim and, later, of the local shrines; and that the sacrifices were slain by the individual offerers or by the heads of the family or tribe, or by a seer like Samuel, I Sam. 9 13 . As guardians of the sacred objects, the Levites also became the inter- preters of the divine oracles and therefore judges. Their functions thus appear from the first to have been somewhat different from those of the sons of Zadok to whom Solomon in time delegated his rights and duties as chief priest of the nation; although in early times the distinction between the seer and Levite and royal priest were not very clearly defined. c Dt. 33 8a The meaning of the vs. is obscure. The Thummim and Urim, always written elsewhere Urim and Thummim, Ex. 28 30 , Lev. 8 8 , Ezra 2 63 and I Sam. 14 41 were used in de- termining the lot. The two words apparently mean, perfections and lights. What the ob- jects were and how they were used is only a matter of conjecture From I Sam. 14 41 - 4 -, it may perhaps be inferred that they were stones and that the way they fell decided the lot. d Dt. 33 s " The reference appears to be to the tribe of Levi and their fidelity, possibly at the occasion recorded in Ex. 32 25 - 29 , although the subsequent context has led some scholars to maintain that Moses is intended. ■ Dt. 21 5 Lit., stroke. This statement is interjected into the midst of the law regarding an undetected murder, in the ceremonial purification of which the Levitical priests also par- ticipate. 1 Dt. 17* Lit., // there arise a case too hard for thee in judgment, between blood and blood, between plea and plea, and between stroke and stroke, e Dt. 17 9 Cf. note § 47. 174 DUTIES OF THE SONS OF LEVI [I>.. 17" Deuteronomic Codes and according to the decision which they shall impart to thee, shalt thou do, without departing from the sentence which they shall make known to thee, either to the right or to the left. 12 But should a man be 90 presumptuous as not to heed the decision of the priest who standeth there before Jehovah thy God, or of the judge, that man shall die; thus thou shall put away the evil from Israel, 13 in order that all the people may heed and tear, and never again act presumptuously. 24 s Guard carefully against the plague of leprosy in that thou faithfully 1 observe and follow all the directions which the Levitical priests give you. According to the commands which I gave them shall ye carefully do. 26 1 \Vhen thou shalt come into the land which Jehovah thy God is about io'p'.e- to give thee as an inheritance, and shalt possess it, and dwell therein, -t li. .11 JgJ' shalt take a part of the first of all the fruit of the ground, which thou shall ' ll> ' bring in from thy land that Jehovah thy God giveth thee; and thou shall put toJe- it in a basket, and thou shalt go to the place in which Jehovah thy God shall 1 "' v: ' 1 ' choose to have his name dwell. 3 And thou shalt come to the priest who shall be officiating in those days, and say to him, I declare this daj to Jehovah thy God, that I have come to the land which Jehovah promised by oath to our fathers to give us. 4 Then the priest shall take the basket out of thy hand, and set it down before the altar of Jehovah thy God. 20 2 When ye draw near to offer battle, the priest 1 ' shall approach and speak to the people 3 and say to them, Hear O Israel, ye are drawing near tlu- day to fight against your enemies; do not lose heart, fear not, nor tremble, <" neither be afraid because of them; 4 for Jehovah your God is going with you • to fight for you against your enemies in order to deliver you. §150. Prohibition Against the Levites Holding Property, Dt 18">. : [io»] Deuteronomic Codes Dt. 18 la - ,J The Levitical priests, even all the tribe of Levi, shall have ' no portion nor inheritance with Israel. L 'And they shall have no inheritance among their kinsmen; Jehovah is their inheritance, as lie hath declared t<> them.' h Dt. 20 2 As has already been noted, J Il\ war « a- regarded by the Hebrews as a sacrament. Sacrifices were also offered before the battle, I Sam. 7' '", I.; 1 ; ". The common idiom for declaring war was to consecrate " war, Is. 13 s , Mi. 3*, Jer. • >'. --'■"■ The preeenoe of the i is therefore assured, although the present custom is mentioned now hen- else. § 150 This law was doubtless intended to anticipate exaction- bj the priestly jo< ltr<> and to prevent the alienation of temple property for private ends. ■ Dt. 18- The passage here referred to i- not found in tin- O.T. although the same idea is repeatedly expressed, cf. Josh. 13". ", 18 7 , Nu. 18 '. I •< k. 1 1 . 175 Dr. [8ia] PRE-EXILIC PRIESTS S 151. Means of Support of the Sons of Levi, Dt. 18 l *. «. 3 " 8 , U 22 . »• 27 , 12 19 , JglO-H l±?S, 29 fig", 12 . 17 . 18 ] Deuteronomic Codes Certain Dt. 18 la - c Thc Levitical priests, even all the tribe of Levi, shall eat ;;;",',;. the offerings made by lire to Jehovah,* and of that which belongeth to him. pffe«^ 3 And this shall be the priests' due from the people, from those who offer a sacrifice whether it be ox or sheep : they shall give to the priests the shoulder and the two cheeks and the stomach. 4 The firstfruits of thy grain, of thy new wine, and of thine oil, and the first of the fleece of thy sheep thou shalt give him; "'tor Jehovah thy God hath chosen him and his sons out of all thy tribes, to stand to minister in the name of Jehovah forever. Rights ''And if a Levite cometh from any of thy towns k in all Israel, where he '""• , resideth, and cometh with a whole-hearted desire 1 to the place which Jehovah from s haU choose; "then he shall minister in the name of Jehovah his God, as do >:Tn,'.u- all his brethren the Levites, who serve Jehovah there. 8 They shall have like portions to eat, m besides that which cometh from the sale of his patri- mony. Por- 14 ~Of all the produce of thy seed thou shalt take a tenth of all that th°ean°- f groweth in the field each year; -'and before Jehovah thy God, in the place in nual which he shall choose to have his name dwell thou shalt eat the tithe of thy grain, of thy new wine, and of thine oil, and of the first-born of thy herd and of thy flock; that thou mayst learn to fear Jehovah thy God always. - 7 Also thou shalt not forget the Levite who dwelleth within thy town, for he hath no portion nor inheritance with thee. 12 19 Take heed not to forget the Levite as long as thou livest in thy land. A share 1 6 10 Thou shalt keep the feast of weeks to Jehovah thy God according to E the measure of the voluntary offerings which thy hand shall present in pro- '" k - portion as Jehovah thy God hath blessed thee. n Thou and thy son and thy daughter, thy male and female slaves, and the Levite who dwelleth in thy town, and the resident alien, the fatherless and the widow, who live with thee, shall rejoice before Jehovah, in the place where Jehovah thy God shall choose to have his name dwell. 12 And thou shalt remember that thou wast a bondman in Egypt; and thou shalt observe and do these statutes. S 151 The income of the pre-exilie Levitical priest? appears to have been very precarious, depending upon the wealth and importance of the shrine with which they were connected, and the generosity of the individual offerers. Dt. 18 s implies that certain of them had family ssions, but the passage is not entirely clear, and it is definitely stated elsewhere that the Levites were to have no inheritance, § 160. They are repeatedly classed with the resident alien, the fatherless, and the widow. As their numbers increased, their necessities probably pelled some of them to take up other occupations. In the Jewish community which Nehemiah found in Palestine, still living under the Deuteronomic law, the Levites had not received their portions and had gone to work in the fields, Neh. 13'°. It was the uncertainty. however, and their inability to collect their dues, rather than the insufficiency, which made the support of the pre-exilic priests so unsatisfactory. ' Dt. is 1 /. e., all offerings, a part of which was burnt as Jehovah's portion. The term occurs sixty-two times in the priestly and only once in the Deuteronomic codes. Dt. L8 e Lit., gates. 1 Dt. 18 6 Lit., with all the desire of his soul. " l)t. 18 M This provision was for the ministers of the ancient shrines, outside Jerusalem, which had been declared illegal by the I )euteronomic law. Second Kgs. 23 s states that Josiah destroyed all these high places in Judah and brought their priests to Jerusalem. Vs. '-' adds, however, thai the priests of the high places did not come up to the altar of Jehovah in Jerusalem, but ate unleavened bread among tlmr kinsmen. 176 MEANS OF SUPPORT [Dr. ItfW Deuteronomic Codes 13 Thou shalt keep the feast of tabernacles seven days, after thou hasl in the gathered in the output of thy threshing-floor and thy wine-press. ' 'An.l : thou shalt rejoice in thy feast, together with thy son and thy daughter, ami thy male and female slaves, and the Levite, the resident alien, the fatherless, and the widow who live with thee. 14 28 At the end of every three years thou shalt bring out all the tithe of i\, r t .,f thine increase in that year and shalt deposit it within thy city, -"'that the ,';' Levite, because he hath no portion nor inheritance with thee, and the resi- "<'"-■ dent alien, the fatherless, and the widow, who are in thy city, may come, and eat and be satisfied in order that Jehovah thy God may bless thee in all the work to which thou puttest thy hand. § 152. Slaves of the Sanctuary, Josh. 9 26 ' :7 Primitive Codes Josh. 9 26 Joshua saved the Gibeonites from the hand of the Israelites so that they did not slay them. 27 And Joshua made them at that time qj^ 8 hewers of wood and drawers of water, for the congregation, and fur the altar • of Jehovah (as they are to this day) in the place which lie should choose. II SACRED OFFICIALS IN EZEKIEI/S HIERARCHY § 153. Duties of the Levites and Priests, Ezek. 4 1 EzekieVs Code Ezek. 44 lr Fhen he took me back to the outer eastern gate of the sanct- >.,.,.-- uary, and it was closed. 2 Then he a said to me, This gate shall remain closed; ,','/}i„. it shall not be opened, and none shall enter by it; for Jehovah the God of ' Israel hath entered by it, therefore it shall remain closed. :; As for the prince he may sit therein b to eat bread in the presence of Jehovah: he shall enter by the vestibule of the gate, and by the same way shall he go out. § 152 Captives of war were in ancient times dedicated to the Deity in gratitude for the victories gained. Upon them fell the menial services in the sanctuaries. In Babylon and Egvpt they also cultivated the lands or herded the flocks belonguig to the temples. Chronicler in his list of the returned refers to a class called the M0ktntfn or temple abu however, reversed the ancient usage, cf. §153. For the setting oi the above passage from Josh. ef. Vol. I, 5 113. • . . , . ,. . , § 153 Ezekiel not only adopts manv of the existing regulations regarding the pn< lint he also introduces not a few innovations which reappear in the later priestly codes. He provides that the foreign slaves be kept out of the sanctuary. 'I heir former duties he assigns to the Levites, who had ministered before Josiah's reformation at the high places outside Jerusalem. He knows nothing about the sons of Aaron, but he distinctly stipulates thai the sons of Zadok. the Levitical priests of the Jerusalem temple, shall perform the more im- portant acts of sacrifice. ...... . , . , , Ezekiel also defines more rigorously the ceremonial limitations of the priesthood ana directs that thev have an increased and definite portion of the offering. '1 bus at even point his enactments 'mark the transition from the earlier Deuteronomic to the more complex later priestlv regulations. a 44 2 The Heb. adds, Jehovah. M4 3 So Gk., Syr., and Lat. The Heb. repeals, prince. 177 Ezek.44 4 ] OFFICIALS IN EZEKIEL'S HIERARCHY /.';< kid's Code 'Then lie took me by way of the north gate to the front of the temple; and I looked and behold, the glory of Jehovah filled the temple. And I fell on inv face. ''And Jehovah said to me, O man, give heed, see with thine eyes and hear with thine ears all that I tell thee regarding the regulations of the temple of Jehovah and all its laws, and observe carefully how to enter the temple by all of the exits of the sanctuary. 6 Say to the rebellious, even to I lie house of Israel, 'Thus saith the Lord Jehovah, "Enough of all your abominations, O house of Israel, 7 in that ye have brought foreigners, neither consecrated in heart nor flesh, d to be in my sanctuary to profane it, e when ye offered me bread, fat and blood; thus ye f have broken my covenant, with 8 all your abominations ! 8 And ye have not taken charge of my holy things but ye have set them as keepers 11 in charge of my sanctuary."' Duties "Therefore thus saith the Lord Jehovah, ' No foreigner, consecrated neither Leviti- m heart nor flesh, 1 of all the foreigners who are among the Israelites, shall enter my sanctuary. 10 But those Levites who went far from me, when Is- from rael went astray, who went astray from me after their idols,J shall bear their Ht'iit" guilt. n Yet they shall be ministers in my sanctuary, having oversight at sine i- the gates of the temple, and ministering in the temple, they shall slay the burnt-offering and the sacrifice for the people, and they shall stand before them and minister to them. 12 Since they were wont to minister to them before their idols, and were a stumbling-block of iniquity to the house of Israel; therefore I have taken a solemn oath k against them,' is the oracle of the Lord Jehovah, ' and they shall bear their guilt. 13 And they shall not approach me to act as priests to me, so as to come near any of my sacred tilings, or to those which are most sacred; but they shall bear their shame and the punishment for the abominations which they have committed; 14 I will make them responsible for the care of the temple, for all its service, and for all that shall be done therein. Duties lo But the priests the Levites, the sons of Zadok, 1 who took charge of my sons of sanctuary when the Israelites went astray from me, shall come near to me to Zad >k minister to me, and they shall stand before me to offer to me fat and blood,' is the oracle of the Lord Jehovah. 16 'They shall enter my sanctuary, and they shall approach near to my table to minister to me, and they shall keep my charge. ''When they enter the gates of the inner court, they shall wear linen garments, but they shall have on no wool while they are officiating in the gates of the inner court and in the temple. m 18 They shall have linen ' I l 5 /. e., the proper rules for entering the temple with offerings. ■ tl' Lit., iincimimcised, i. e., with no true religion. II l"li** Heb. adds, but the Gk. omits, my temple. ' 44 7 Sr> Gk., Syr. and Lat. Heb., they. «44" SoGk. Heb., to. h 44s s (jk T^g re f erence ; s to foreign attendants at the pre-exilie temple, cf. § 152, Ezra 8 20 . Neh. 7"". 1 449 r f|,j s jg ( ) lfl prototype of the Greek tablet found on the temple arch in 1870 by M. Clermont-Ganneau, which reads. No stranqer shall come within the balustrade and enclosure around the temple; whoever is caualit will be himself responsible for his death, which will follow. > I I" 1 /. c, the priests of the local shrines outside Jerusalem. k 44 12 Lit., lifted up my hand (in taking the oath). 1 4415 Tj, e Zadok who succeeded Abiathar as the head of the Jerusalem priesthood in the days of Solomon. I Kgs. 2 27 - 3S . m 44 17 Slightly correcting the Heb. 178 DUTIES OF THE PRIESTS [K/ik. ti* EzekieVs Code turbans upon their heads and linen breeches on their loins; they shall not gird themselves with anything thai causeth sweat." l9 Bul when thej go forth to the outer court to the people, they shall put off the garments in which they were officiating, and lay them in the sacred chambers; and they shall put on other garments, that they may n<>t sanctify the people p with their garments. 20 Neither shall they shave their heads, nor suffer their hair to grow long; they shall cut off their hair. 21 None of the priests shall drink wine, when they enter the inner court. --'Neither shall thej marry a widow nor a divorced woman, but only [sraelitish virgins or the widow of a priest. 23 And they shall teach my people the difference between the sacred and \ the common, and instruct them how to discern between the unclean and the clean. 24 And in a controversy they shall ad as judges, judging it ac- g^ cording to my ordinances. And they shall keep my laws and my statutes and in all my appointed feasts; and they shall maintain the sanctity of my sab- baths. 25 And they shall not approach a dead person to defile themselves: except i in the case of a father, or a mother, or a son. or a daughter, or brother, or unmarried sister.^ 26 And after his defilement, 1 a priest shall be given seven days. 27 And on the day that he goeth into the inner couiV '" nun- ister in the sanctuary, he shall offer his sin-offering,' is the oracle of the I ... r .l Jehovah. 28 And they shall have no* inheritance; I am their inheritance; and ye U shall give them no possession in Israel; 1 am their possession. -"'They shall \' H , Tt eat the cereal-offering, and the sin-offering, and the guilt-offering; and every devoted thing u in Israel shall be theirs. 30 Ane secondary. The meaning <>f the Beb. is do1 certain. °44 19 So Gk. The Heb. repeals, to the court. . , p44 19 The idea that sanctity, as well as ceremonial uncleanness. could be co mmuni cated by contact was firmly fixed in the Beb. mind. Cf. Lev. 6"; ", Josh .... 7 SoGk. A Heb. scribe has added by mistake, ti tary. t44» So Lat.an.l the demands of the text. The negative has been losl in the Beb. "44^ I. e., those things placed under the ban or dedicated t" Jeaovan. 179 Ezek. 459] OFFICIALS IN EZEKIEL'S HIERARCHY § 154. Duties of the Princes, Ezek. 45 917 - 21 " 25 , 46 115 Ezekiel's Code To rr 2 - Ezek. 45 9 Thus saith the Lord Jehovah, Enough, O princes of Israel ! weights I >,|( away violence and oppression, and practice justice and righteousness ! and Prge , nv people from your robberies, is the oracle of the Lord Jehovah, ures 10 Ye shall have just balances, and a just ephah, and a just bath. n The ephah v and the bath w shall be of one measure: the bath shall contain the tenth part of a homer, and the ephah the tenth part of a homer; the homer shall be the standard of measurement. 12 And the shekel shall be twenty gerahs; five shekels shall be valued as five shekels x , and ten as ten, and your maneh shall be fifty shekels. To pro- 13 This is the contribution that ye shall offer : the sixth part of an ephah Sate- ou * °f every homer of wheat; and ye shall give the sixth part of an ephah rial for ou ( f e verv homer of barley; 14 and the fixed proportion of oil, a shall be the fices tenth part of a bath out of every cor, the cor being ten baths ; b lo and one lamb out of a flock of two hundred, from all the families of Israel, as a cereal-offering, and a burnt-offering, and peace-offerings, to make atone- ment for them, saith the Lord Jehovah. 16 A11 the people of the land shall contribute to this special gift for the prince in Israel. "And it shall be the prince's part to give the burnt-offerings, and the cereal-offerings, and the libations at the feasts, and on the new moons, and on the sabbaths, at all the feast days of the house of Israel : he shall prepare the sin-offering, and the cereal-offering, and the burnt-offering, and the peace-offerings, to make atonement for the house of Israel. Also 21 In the first month, on the fourteenth day of the month, ye shall observe stated 6 the feast d of the passover; seven days unleavened bread shall be eaten. offer- 22Q n fa^ fay foe pri nce shall provide for himself and for all the people of the land a bullock as a sin-offering; 23 and during the seven days of the feast he shall provide a burnt-offering for Jehovah, seven bullocks and seven rams without blemish; and a male goat daily as a sin-offering. 24 And he shall provide a cereal-offering, an ephah to a bullock, and an ephah to a ram, and of oil a hin to an ephah. 25 In the seventh month, on the fifteenth day of the month, at the feast, shall he do the same during the seven days, for the sin-offering, the burnt-offering, the cereal-offering, and for the oil. Offer- 46 1 Thus saith the Lord Jehovah, The east gate of the inner court shall fo^the be shut during the six working days; but on the sabbath day, and on the * ab r day of the new moon it shall be open. 2 And the prince shall enter from § 154 The Exile, as a matter of fact, and Ezek. by formal enactment reversed the rela- tions between the priesthood and monarchy, so that the Jerusalem priests were no longer merely appendages of the royal court, but the central figures in the state; the chief functions of the prince was simply to provide certain stated offerings in the temple service. v 4.j u This was a dry measure and contained about 36 or 37 litres, cf. Appendix IX. w 45 11 The bath was a liquid measure, and contained about 8 gallons or 36 or 37 litres. *45 u SoGk. A » 45 14 A scribe has added from Dt. 14, of the bath of oil. b 4.5 1 j So Gk. The Heb. adds, a homer, for ten baths are a homer. » 46 15 So C,k. Heb.. from the well-watered. d 45-' 1 Transferring the word, feast, and slightly correcting the Heb. 180 DUTIES OF THE PRIN( ES [Ezek. u;-' EzekieVs Code without by the vestibule of the gate, and shall stand by the door-posl of tlie gate; and the priests shall prepare his burnt-offering and his peace-offerings, and he shall worship at the threshold of the gate, and then go out; bul le- gate shall not be shut until evening. 3 And the people of the land .shall wor- ship at the door of that gate before Jehovah on the sabbaths and on the new moons. 4 And the burnt-offering which the prince shall offer to Jehovah on the sabbath day shall be six lambs without blemish and one rain without blemish; 5 the cereal-offering being an ephah to a ram, and for the lambs as he is able to give, and of oil a hin to an ephah. 6 And on the day of the new moon it shall be a young bullock without Far blemish and six lambs, and a ram, without blemish; 'and he shall prepare |~ a cereal-offering, an ephah for the bullock, and an ephah for the ram. and moon for the lambs as he is able, and of oil a hin to an ephah. 8 And when the prince shall enter, he shall go in by the vestibule of the Manner gate, and he shall go forth by the same way. 9 But when the people of the land shall come before Jehovah in the feast days, he who enters by the north ■■•■ j gate to worship shall go out by the south gate; and he who enters by the south gate shall go out by the north gate; none shall return by the gate at which he came in, but shall go out straight ahead. 10 The prince shall go in with them, w r hen they go in, and go out, when they go forth. 11 And on the feast days and the festivals the cereal-offering shall be an on the ephah to a bullock, and an ephah to a ram, and for the lambs as he i- able to give, and of oil a hin to an ephah. lL 'And when the prince shall prepare • i ' l > x a voluntary -offering, a burnt -off ering or peace-offerings as a voluntary- offering to Jehovah, the east gate shall be opened for him. and he shall pre- sent his burnt-offering and his peace-offerings, as he doth on the sabbath day; then he shall go out; and after he has gone out the gate shall be shut. 13 And he e shall provide daily a lamb a year old without blemish as a burnt- offering to Jehovah; f each morning shall he provide it. ' 'Ami he shall pro- vide as a cereal-offering with it each morning the sixth part of an ephah, and the third part of a hin of oil, to moisten the fine meal, as a cereal-offering to Jehovah by a perpetual ordinance. lr5 Thus shall he provide the lamb, and the cereal-offering, and the oil, each morning, as a regular burnt-offering e 4013-14 go Gk.. Syr., and Lat. The Heb. has in these vss. the - nd person singular, although in ''', then, is used. The context supports the reading, he, throughout. ' 46 H So Gk. The Heb. adds, continually. 181 Ezek. 45 1 ] OFFICIALS IN EZEKIELS HIERARCHY To the temple and its minis- ters § 155. Apportionment of the Land to the Temple, Levites, City, Prince, and Tribes, Ezek. 45 1 " 8 , 46 16 " 18 , 47 [48] Ezekid's Code Ezek. 45 1 \Vhen ye allot the land as inheritance, ye shall offer as a special g'ft g to Jehovah, a sacred portion of the land, five thousand cubits long, and twenty 1 * thousand cubits wide; it shall be sacred throughout its entire extent. 3 And out of this area shalt thou measure off a space twenty- five thousand cubits long and ten thousand cubits wide, and on it shall the sanctuary, the most holy, 1 stand. 4 It is a holy portion of the land; it shall belong to the priests who are the ministers in the sanctuary, who draw near to minister to Jehovah; and it shall be a place for their houses, and an open space for the sanctuary. 2 Out of this a square of five hundred cubits shall be § 155 The question of the reassignment of the territory of Canaan was a prominent one in the minds of the priestly exiles in Babylonia. As a matter of fact the land about Jerusalem never passed out of the possession of the Jewish survivors of the great catastrophe of 586 B.C. This fact must have been known to Ezek. and his associates. His plan of apportionment, like many other elements in his program, must, therefore, be regarded as an ideal rather than a practical basis for reorganization. It aims concretely to emphasize the necessity of carefully protecting the temple, the abode of the Holy One, from all defiling contact with the outside world. The priests, the Levites, the prince and the different tribes all represent successive ranks of guardians about the sanctuary. Provision is also made for the priests and Levites proportionate to their importance in the new Jewish state. The accompanying diagram will illustrate Ezek.'s plan of allotment given in 48. Since this chapter simply gives these details, in Ezek.'s repetitious style, it has not been reproduced in the present text. 8 45 1 Lit., offer an oblation. h 45 1 So Gk. Heb., ten. The standard of measure is not given, but it is in all probability the cubit. The total area would contain between forty and fifty square miles. 1 45 3 Restoring the Heb. with the aid of the Gk. This space corresponded to the common pasture grounds about every ancient Heb. village. Heb., and a sanctuary for the sanctuary. Gk., houses set aside or assigned for their sanctification. DAN ASHER NAPHTALI >y MANASSEH EPHRAIM REUBEN 05 JUDAH ft? PRINCE'S DOMAIN | TERRITORY OF THE LEVITES PRINCE'S DOMAIN TEMPLE □ AND PRIESTS A '< » FIELDS!^™ IFIELDS 1.0,000 6,000 10,000 BENJAMIN SIMEON ISSACHAR ZEBULUN GAD APPORTIONMENT OF THE LAND [Ezi k. 4.,- EzekieVs Code for the sanctuary, with an open space fifty cubits wide around il.J "Ami a space twenty-five thousand cubits long and ten thousand wide shall belong to the Levites, the ministers of the temple; their possession shall it !»• for cities in which to dwell. k 6 And as the possession of the city, ye shall assign a space five thousand cubits wide, and twenty-five thousand long, beside the sacred reservation; it shall belong to the whole house of Israel. "And the prince shall have the space on both sides of the sacred reservation and the possession of the city, facing the sacred reservation and the possession of the city, on the wesl and on the east, and of the same length as one of the portions of the tribes, from the west border to the east border 8 of the land. It shall be hi- possession in Israel; and the princes 1 of Israel shall no more oppress my people, bul shall give the land to the house of Israel according to their tribes. 46 16 Thus saith the Lord Jehovah, If the prince make a gift to any • his sons, out of his inheritance, 111 it shall belong to his sons; it is (heir pos sion by inheritance. 17 But if he make a gift out of his inheritance to one "t his servants, it shall be his to the year of release; then it shall revert to tin- landed prince; but as for his inheritance, it shall belong to his sons. l8 Moreover erty*" the prince shall not take of the people's inheritance so as to deprive them by force of their possession; he shall give an inheritance to his MUh out of his own possession, that none of my people be scattered from his possession. 47 iThen he brought me to the door of the temple and there was water 8i issuing from under the threshold of the temple eastward -the temple faced the east — and the water came down 11 on the south side of the temple, to the jj south side of the altar. 2 Then he brought me out by the way of the north gate, and led me around outside to the eastern outer gate: and there water was flowing on the south side. 3 As the man went forth eastward with the line in his hand, he measured ' a thousand cubits, and he caused me to pass through waters, ankle-deep 4 Again he measured a thousand cubits, and caused me to pass through % waters, knee-deep. Again he measured a thousand cubits, and caused me to pass through waters, hip-deep. 5 Afterward he measured a thousand cub- its; and it was a river through which I could not pass, lor the waters were deep enough to swim in, a river that could not be forded. 6 And he said to me, Seest thou, man? Then he brought me back to I the bank of the river. 7 Now when I had returned, there on the bank of the . river were very many trees on both sides. s Then he said to me. I hese waters issue forth toward the eastern region, and shall descend \>> the Arabah; and they shall go to the Dead Sea into the sail waters; which waters -hall ' 45 2 This vs. evidently belongs here. k 45 6 So Gk. The Heb makes no sense. 1 45 8 So Gk. Heb., my princes. m 4G 16 So Gk. Heb., it is hia inheritance. » 47' So Gk., Syr., and Lat. In the Heb. a scribe has added from the lir-t part of the \ -.. "471 Ezek iirobal.lv has in mind one of the characteristic riven of Palestine, which one branch of the Jordan. Hows from its rocky source a full-fledged stream. Uso in ancient times a spring issued from the temple mount, of. l. D The Post-Exilic Hierarchy § 156. Traditions Regarding the Origin of the Hierarchy, Nu. 3 510 [17 1 " 11 , Ex. 28 1 ] Priestly Codes Nu. 3 5 Jehovah spoke thus to Moses, 6 Bring the tribe of Levi near, and CaD set them before Aaron the priest, that they may minister to him. 'Tiny , shall obey his orders and have charge of the whole congregation before the 3 tent of meeting, to perform the service of the dwelling. s Tlie\ shall also care for all the furniture of the tent of meeting, and have charge of the Israelites, to perform the service of the dwelling. ''Thou shall give the Levites to Aaron and to his sons; they shall be wholly given to him in behalf of the Israelites. 10 Thou shall also appoint Aaron and his sons t<> have charge of their priestly office; the layman who comes near shall be put to death. The Post-Exilic Hierarchy. — The f all of the Judean Btate in 586 B.C. and the long sub- jection to foreign masters which followed left the priests the one ruling class is Judaism. \\ nli the fall of the monarchy, civil as well as religious authority passed to the hierarchy. growing importance of the ritual also added to the prominence "I the priesthood. lue result was that from the days of Ezra and Nehemiah their numbers and duties and Lncome rapidly increased. Their organization was also more highly developed. \t the head ol the hierarchy stood the high priest, with at times almost royal authority. Next in rank were In- kinsmen and immediate associates the priests who were designated In the priestly codes a- I Aaron. Like the sons of Zadok in Ezek.'s hierarchy, note g L53, they were doubtless For the most part the descendants of the Levitical priests, wh.. had served at the pre-exilic Jerusalem temple cf below. The distinction between them and the Levites, the de priests 'of the pre-exilic sanctuaries outside of Jerusalem, was sharply defined, and the U were allowed to perform only the menial duties in connection with the temple. $156 The historical origin of the priesthood and of the later distinction he- priests and Levites has already been traced, cf. introd. under g 148. Later priestly tradition. however, following its natural tendencies, cf. Introd.. p. lit. C aected this origin direct > with Moses. According to Nu. 3*-"> as Jehovah's herald, he proclaimed at Suiai the unique legitimate priesthood can be found in the pre-exilic literatim-. It aua 1cm temnlewere appointees of David and Solomon. Ezek. recognizes onlj the Bona oi ana »k and knows nothinTof the sons of. Aaron. The late title «» ^^S^S^^S r7_. j „i.. •.._.. 1 „.^«Wv norlmti ntlier nriest.lv elans. Its origin 1- .lout. tin con- immence knows nothing ot the sons oi Aaron, in.- ,ao- MU . -y ■■ ' ri :,,',! .f.l lot Zadokites, and probably certain other priestly clans. Its origin "doubtful, but « seen renresent a compromise wth the exc usive position Bel loith bj l./ek. I li< /..nloki tiniu-d, however' t"'i,,,i,i the chief offices, and later apparently again came pronun as the party of the Sadducees 185 Nxj. 8 23 ] THE LEVITES I THE LEVITES § 157. Legal Age of Service, Nu. 8 23 ' 2 « Very Lute Supplemental Priestly Codes From Nu. 8 23 Jehovah said to Moses, 24 This is that which concemeth the live'tu" Levites : From twenty-five years old and upward they shall go in to fulfil fift y their service in the work of the tent of meeting. 25 At the age of fifty years they shall cease to render service, and shall serve no more; 26 they may min- ister with their kinsmen in the tent of meeting, to fulfil that duty, but shall perform no service. Thus shalt thou deal with the Levites concerning their duties. § 158. Consecration, Nu. 8 5 " 22 Supplemental Priestly Codes Rite of Nu. 8 5 Jehovah spoke thus to Moses, 6 Take the Levites from among the deans- j srae ]j trs alu \ cleanse them. "Thus shalt thou deal with them, in cleansing them; sprinkle them with the water of expiation, a and let them shave all their flesh with a razor, and let them wash their clothes, and cleanse them- selves. Public s Then let them take a young bullock, with its cereal-offering, fine meal ficeln mixed with oil; b and another young bullock .shalt thou take as a sin-offering. th eir ^Then thou shalt present the Levites before the tent of meeting; and thou shalt assemble the whole congregation of the Israelites; 10 and thou shalt present the Levites before Jehovah. And the Israelites shall lay their hands upon the Levites. c 12 The Levites also shall lay their hands upon the heads of the bullocks; then thou shalt offer the one as a sin-offering, and the other as a burnt-offering, to Jehovah, to make atonement for the Levites. 13 Thou shalt also set the Levites before Aaron, and before his sons, and offer them as a sacred offering d to Jehovah. § 157 Nu. 4 3 fixes the minimum age of service at thirty years; cf. § 34; 8 24 at twenty-five and the Chronicler at twenty, I Chr. 23 24 > 27 , II 31 I7 , Ezra 3 s . Apparently these different sources represent the usage in the succeeding periods to which they each belong. The increased duties of the Levites may well explain why in the Gk. period they were pressed into service at an earlier age. § 158 The law prescribing a detailed ceremony for the consecration of the Levites evidently belongs to the latest stratum of the Pentateuch. It is really an expansion of the simple law of Nu. 3'" 10 . In the process of repeated expansion several repetitions have crept in. cf. e. g., vss. •■ _ 15 and "• I3 - 15 . Vss. isb-22 contain an expanded version of the preceding regulations. Aaron is also assigned the central place in the narrative instead of Moses. The aim of the law is to provide a formal consecration for the Levites, as well as for the priests, Lev. 8. N .ii. 8 7 Heb., writer of sin, i. e., for the removal of sin. b Nu. 8 s The phrase, as a burnt-offering, is perhaps to be added, though found in none of the versions, of. 12 . r Nu. S lfJ Vs. M reads, Then Aaron shall offer (Heb., wave) the Levites before Jehovah as a sacred offering (Heb., wave-offering) in behalf of the Israelites, that it may be theirs to perform the service of Jehovah; it is clearly an explanatory interpolation. Aaron, not Moses, as in l:i . is commanded to present the Levites to Jehovah. 1 Nu. 8 13 Heb., wave them as a wave-offering. The original significance of the words ap- parently is lost here. So vss. 15 - 21 . 186 CONSECRATION [X, Supplementary Priestly Codes 14 Thus shalt thou separate the Levites from among the Israelites, that Pre- the Levites may be mine. 15 Afterwards shall the Levites go in to perform . the service of the tent of meeting; thus si .alt thou cleanse them and offei a sacred offering; "for they are wholly given to me from among instead of all that openeth the womb, even the first-born of all the Isr u taken them for myself. "For all the first-born among the Israelites are mine both I ot man and of beast; on the first day when 1 smote all the first-born in I of Lgypt I sanctified them for myself. >*And I have taken the Levites instead of all the first-born among the Israelites. '"And I have given the !• to Aaron and to his sons from among the Israelites, to perform th< Israelites in the tent of meeting and thus make atonemenl for the Israelites' that there may be no plague among the Israelites, when the Israelites comi sanctuary. 2 °So Moses and all the congregation of the Israelites dealt thus with the I according to all that Jehovah commanded Moses' concerning onal the Israelites dealt with them. -'So the Levites cleansi Ives from >in ' and they washed their clothes; and Aaron offered them as offering before Jehovah; and Aaron made atonement for them to cleanse them the Levites went to perform their service in the tent of meeting before Aaron, and before his sons; as Jehovah had commanded Moses concerning I they dealt with them. f § 159. Duties, Nu. 3 59 , 18 16 [8 15 . 2i ' 2i ], l 4753 , 3"- 2 «. 2 »-32. «*-» 4<. '. «. :«-« I Chr. 23 1 ' l6 -- 6] *■-*-, 25 1 " 8 Priestly Codes Nu. 3 5 Jehovah spoke thus to Moses, ''Bring the tribe of Levi Dear, I and set them before Aaron the priest, that they may minister to him. 7 They $$£ shall obey his orders, and have charge of the whole congregation before (In- tent of meeting, to perform the service of the dwelling. s Tlicv shall also care for all the furniture of the tent of meeting, and have charge of the Israel- ites, to perform the service of the dwelling. 9 Th . a. l w . 187 Nu. 18 3 ] THE LEVITES Priestly Codes obey thy orders, and have the care of all the tent; only they shall not come Qear to the vessels of the sanctuary and the altar, that they die not, neither they, nor ye. 4 And they shall be associated with thee, and have charge of the tent of meeting, to perform all the service of the tent, for no layman shall come near you. 5 But ye shall have charge of the sanctuary and the altar, that wrath may never again come upon the Israelites there. 6 And I, behold, I have taken your kinsmen the Levites from among the Israelites; they are a gift to you, given to Jehovah, to perform the service of the tent of meeting. Supplemental Priestly Codes To act Nu. 1 47 The Levites according to the tribe of their fathers were not tlrs° r " numbered among the Israeh'tes; 48 for Jehovah said to Moses, 49 Only the a '"' tribe of Levi shalt thou not number, neither shalt thou take a census of them guar\ Of the their fathers' houses; 30 from thirty years old and upward even to fifty years old thou shalt number them, every one who enteretb upon the service,' to do the work of the tent of meeting. 31 This is their responsibility in connec- tion with carrying and all their service in the tent of meeting: the boards of the dwelling, and its bars, and its pillars, and its sockets, ;; -'and the pillars of the court round about, and their sockets, and their pins, and their cords, with all their accessories, and with all the work which they required 33 This is the service of the families of the sons of Merari in connection with all their serving in the tent of meeting, under the supervision of Ithamar the son of Aaron the priest. Chronicler 's Ecclesiastical History I Chr. 23 *Now David was old and advanced in years when he mad.' \ Solomon his son king over Israel. 2 And he gathered together .ill the pru of Israel, with the priests and the Levites. 3 And the Levites thirty Mar- old and upward were numbered; and their Dumber by their ccii-iis. man by man, was thirty-eight thousand. 4 ()f these, twenty four thousand were to, oversee the work of the temple of Jehovah: and six thousand were offio and judges: ■''and four thousand were door-keepers; and four thousand praised Jehovah with the instruments which he k made tor giving praise. "For in '■ Nu. 4- 7 This last clause is perhaps a Bcribal add 1 Nu. ■) " Lit., warfare. i \ ii .4 "■■ ) i shall appoint I" them (cf. < !k. and :| by imm,- nil (so Gk. and Sam.) Mi committed to their charge to carry, is clearlj a latei k 1 Chr. 23 s So Gk. Heb., / made. 189 I Chb. 2827] THE LEVITES ( 'hranicler's Ecclesiastical History accordance with the last words of David the sons of Levi twenty years old and upward were numbered. 28 For their official duty was to wait on the sons of Aaron in connect ion with the service of the temple of Jehovah, in the courts, and in the chambers, and in the purifying of all the holy things, even the work of the service of the house of God 29 in connection with the show- bread 1 and the fine meal for a cereal-offering, whether of unleavened wafers or of thai which is baked in the pan or of that which is soaked, and in con- nection with all measurements of capacity or length; m 30 and to stand every morning to give thanks and praise to Jehovah, and likewise also in the evening; •'and to offer regularly all burnt-offerings to Jehovah, on the sabbaths, on the new moons, and on the appointed feasts, in their order according to the regulation concerning them. 32 They also had charge of the tent of meeting and of the holy place, and of the sons of Aaron their kinsmen in connection with the service of the house of Jehovah. As 25 'Moreover David and the commanders of the army set aside for the skiers service certain of the sons of Asaph and Heman and Jeduthun, w r ho proph- esied with harps, with lyres, and with cymbals. And the number of those who did the work according to their service was 2 of the sons of Asaph : Zaccur, and Joseph, and Nethaniah, and Asharelah, n the sons of Asaph, under the charge of Asaph, who prophesied at the direction of the king. 3 Of Jeduthun ; p the sons of Jeduthun : Gedaliah, Jizri, 2 In vs. u Jesarel, Luc, Aseivela. ° I Chr. 25 2 Heb., under the hands of. p I Chr. 25 3 Elsewhere, Ethan. o I Chr. 25 3 So »; Heb., Zeri. ' I Chr. 25 3 But five are mentioned, unless the father be included. I Chr. 25* A slight change in the vocalization of these proper names gives the fragment of a psalm which was probably in the Chr.'s mind: Be gracious to me, Jehovah, be gracious! Thou art my God! Thou hast given great and signal aid to those in affliction; Tii en. hast given many and full visions. * 1 Chr. 25 s /. e., to bless with many offspring. 190 PROPERTY AND MEANS OF SUPPORT [Ni § 160. Property and Means of Support, Nu. 18 2 >. - 3 - 24 , 31«. »°. it 351-*, Lev. 25 29 - 34 Priestly Codes Nu. 18 21 To the sons of Levi, behold, I give every tithe in brad as an The inheritance, in return for their service which they perform, even the service of the tent of meeting. 23 The Levites shall pert'onn the service of the tenl of meeting, and they shall bear the consequences of their iniquity; this shall be a statute forever throughout your generations: 11 among the Israelites they shall have no inheritance. 24 For the tithe of the Israelites, which they offer as a portion reserved for Jehovah. I have given to the Levites as an in- heritance; therefore I have said concerning them. Among the [sraelites they shall have no inheritance. Supplemental Priestly Codes Nu. 31 28 Levy a contribution for Jehovah upon the warriors who went - out to battle; one in five hundred, of the persons, and of the oxen, and of the asses, and of the flocks. 29 Take it from their half, and give it 1" Klea/ar " f " ;ir the priest, as a special contribution to Jehovah. ""And from the [sraelites 1 half, thou shalt take one drawn out of every fifty, of the persons, of the oxen, of the asses, and of the flocks, even of all the cattle, and give them to the Levites, who have the charge of the dwelling of Jehovah. '' ( )f the [sraelites' half, Moses took one drawn out of every fifty, both of man and of beast, and gave them to the Levites, who had charge of the dwelling of Jehovah, as Jehovah commanded Moses. 35 Jehovah spoke thus to Moses in the plains of Moab by the Jordan : at Jericho, 2 Command the Israelites that they give to the Levites out of' their hereditary possession cities to dwell in; and pasture land fur the cities ;' round about them shall ye give to the Levites. ''The cities shall they have §ub- to dwell in; and their pasture land shall be used for their cattle.' and for their m herds, and for all their beasts. 'The pasture land of the cities, which ye shall give to the Levites, shall extend outside the wall of the cil\ a thousand cubits in every direction. 5 Ye shall measure without the "" ' the tithe must have bountifully met their needs. , , , A , u Nu. is- :i This is possibly all a gloss with the exception of the last oianas. v Nu. 35 3 Lit., properly. . . . , . . . w Nu. 35 5 Vss. "• 5 cannot be harmonized as thej Btand, for the area is a circle in and a square in 5 . Either 6 is a gloss, or the author had not carefully < -idcrod his plan. 191 \i . .!.->'] THE LEVITES Supplemental Priestly Codes to the cities. 6 As for the cities which ye shall give to the Levites, ye shall set apart the six cities of refuge, whither the manslayer may flee; x and besides these ye shall set apart forty-two cities. 'The whole number of the cities which ye shall give to the Levitt's shall be forty -eight cities; them shall ye give together with their suburbs. 8 And concerning the cities which ye shall sei apart from I lie possession of the Israelites, from the great tribe ye shall take many, and from the small tribe ye shall take few; each tribe ac- cording to its inheritance which it is to receive shall set apart some of its cities for the Levites. IVrpet- Lev. 25 29 If a man sell a dwelling-house in a walled city, he shall have I ; , : ^ lt the right of redeeming it for a whole year after it has been sold; for a year in their sna ]] li e retain the right of redemption. 30 Then if it is not redeemed within tary a year, the house that is in the walled city shall be assured in perpetuity to him who bought it, to him and his descendants; it shall not be released in the year of jubilee. 31 But the houses of the villages which have no walls around them shall be reckoned as belonging to the fields of the country; the right of re- demption shall be retained for them, and they shall be released in the year of jubilee. 32 But in the case of the houses in the cities of the Levites, the cities which belong to the Levites, the Levites shall have the perpetual right of re- demption. 33 If, however, one of the Levites do not y redeem it, then the house that was sold in z the city that belongeth to him, shall be released at the year of jubilee; for the houses in the cities of the Levites are their posses- sion among the Israelites. 34 But the pasture land belonging to their cities may not be sold, for it is their perpetual possession. Ill THE PRIESTS § 161. Qualifications, Lev. 21 16 - 2 * Holiness Code Free- Lev. 21 1G .Jehovah gave this command to Moses, 17 Say to Aaron, ' No one of fr'.'.t'n thy descendants throughout their generations who hath a blemish, shall ap- phtS- P roacn t() or * er trie f°°d °f his God. 18 For no one who hath a blemish may approach; no one who is blind, or lame, or he who is mutilated in the face, a 1 Nu. 35 6 Slightly correcting the Heb., which is very awkward. y Lev. 25 33 The Heb. omits the negative. 1 Lev. 25^ Slightly correcting the' text. The Heb. has. and, for, in. § 161 The term, son of Aaron, as the regular designation of a priest, does not appear to have been round either in Kzek. or the Holiness Code, cf. note § 156. In the later process of priestly redaction, Aaron and the sons of Aaron have been introduced at many points into the older Holiness Code. In most cases, however, the hand of the editor is readily detected, the belief thai a priest should be physically perfect is verv ancient, and is in harmony with the characteristic teachings of the Holiness Code. Corresponding perfection and ceremonial purity were demanded in the case of both the offering and the individual offerer. It was in this graphic way that the prophetic ideal of moral perfection was impressed upon the popular mind by the later priestly teachers. ■ Lev. 21 »* Gk. and Syr., who hath a flat nose. 192 QUALIFICATIONS OF THE PRIESTS [Lev.21» Holiness Code or who hath a limb too long, 19 or a broken leg, <>r m broken arm. -'"or who is humpbacked or withered, or hath, defective eyesight, b or scurvy, or is scabbed, or whose testicles are destroyed; 21 no one of the descendants of Aaron the pi may thus come near to offer the offerings made by lire to Jehovah; li<- hath :i blemish ; he shall not come near to off er the food of his God. -Ik may eal the food of his God, both of the most holy and of the holy; 23 only he shall not go in to the veil, nor come near to the altar, because he hath a blemish; lesl he profane my sanctuaries; for I am Jehovah who sanctifieth them.' ■• I bus Moses spoke to Aaron, and to his sons, and to all the Israelites. § 162. Consecration, Ex. 29'-". "-«• "■ 3** rLe V . 8 i-«. w-m Ex. SO . LO ""J Priestly Codes Ex. 29 x And this shall be thy method of procedure in consecrating Prep- Aaron and his sons to minister to me as priests : take one young bullock ami . two rams without blemish, -'and unleavened bread, and unleavened < -ikes mixed with oil, and unleavened wafers smeared with oil : of line wheaten flour shalt thou make them; 3 and thou shall pul them in a basket, and bring in the basket, with the bullock and the two rams. 4 Then thou shalt bring Aaron and his sons to the entrance of the tent of Wash- meeting, and wash them with water. 8 And thou shalt bring his sons and clothe them with tunics, ''and shall Attuv gird them with sashes, c and fasten turbans on them; and they shall have the ^ b o( priesthood by a statute forever. Thus thou shalt install' 1 Aaron a.,. I In. sons. ' iOThen thou shalt bring the bullock before the tent of meeting; and Aaron FW and his sons shall lay their hands upon the head of the bullock, "and thou shalt kill the bullock before Jehovah at the entrance of the ten! ol meeting. ; i2Thou shalt take some of the blood of the bullock, and pul it on the horns of the altar with thy finger, and pour out all the rest of the blood at the base of the altar. 13 Ancl thou shalt take all the tat thai covereth the entrails, and the fatty mass next to the liver, and the two kidneys, and the tat thai is on them, and burn them upon the altar. "Hut the flesh of the bullock and .ts hide, and the contents of its entrails, thou shall burn vrith fire outside the camp; it is a sin-offering. ir 'Thou shalt also take one of the rams; Aaron and his sons shall lay their hands on the head of the ram. "'and thou shalt slay the ram, and take some of its blood, and .lash it round about against the alar. !'Then thou shalt cut the ran. in pieces, and wash its entrails, and its legs, and put them with the rest of its piece., and vrith its head, l «and thou shall burn the whole ram upon the altar: it is a burnt-offenng to Jehovah; it is a pleasant odor, an offering made by lire to .Jehovah. bLev. 21'° Or. white specks in the eye as Syr., or^i J™"** §162 These elaborate Us belong te ,tf». latest ^«™£ *? * Ultimately oven!l the extreme development m the O.T. ol that - " " , dinhtly different tern true mark-thc mord gag of the state and m* vriuaL to slight ( ] ^ ^ P^fe^T scribe I- addedVea^kward gloss, Aar >■' «- — <* ]Kx. 29 ■ Ex. 28«. « Prob. later than M 194 CEREMONIAL CLEANLIN] [Li . § 164. Ceremonial Cleanliness, Lev. 21 '^ 2-2' ", 10^ . I Holiness Code Lew 21 l Jehovah gave this command to Mo i . Speak t" the pi of Aaron and say to them, ' No priest shall defile himself for any one who i- dead among his people, 1 2 except for his aearesl kin, for his mother ;m as to profane himself. 5 They shall not make bald spots on their heads, nor shave "If the corni of their beards, nor make any cuttings in their flesh. ''Tiny shall be hob I" their God, and not profane the name of their God; for the offerings mad fire to Jehovah, the food of their God, they do offer; therefore they mils! I., holy. 7 A priest shall not marry a woman who is a harlot or dishonored, nor shall No he k marry a woman who has been divorced from her husband, l"r a priest ,,. is consecrated to his God. ,s Thou shall regard him as sacred, therefore, for he offereth the food of thy God; thou shall regard him as bolj ; for I. Jehovah, who sanctify them, 1 am holy. 9 If the daughter of a priest profane herself by playing the harlot, she profaneth her father; she shall be burnt with tin-.' 22 i Jehovah gave this command t . . Moses, Speak to Aaron an. I his Bons, that N they keep themselves separate from the holy things of the Israelites, whit they consecrate to me, and that they profane not my holy name: I am" Jehovah. 3 Say to them, 'Any one among all your descendants throughoul your generations, who approaeheth the holy things, which the Israelites consecrate to Jehovah, while he is unclean, that person shall be tut oil' from before me: I am Jehovah. 'No one of the descendants of Aaron win. b a leper, or hath a discharge may eat of the holy things, until he become clean. Anyone, moreover, who toucheth a thing" 1 that hath been made unclean i by a dead body, or a man who hath an emission of semen, 'or anyone who toucheth any swarming creature which may occasion uncleanness, or a man from whom' any sort of uncleanness may be contracted; 'the person who toucheth any such shall be unclean until evening and shall net cat of the holy things until he bathe his body in water. 7 \\hen the sun b -t he -hall become clean; and afterward he may eat of the holy things, because they 5 164 The ceremonial cleanliness of »ho priests was rigorously in ancient relieions. The Egyptian priests wore linen and were required to hath. The Persian priests observed strict rules of ceremonial cleanliness their mouth while sacrificing, Ies1 their breath nughl contaminate I offenr Thus by the example of the powerful nations with which they .-a.,,.- in o con act. as wt ■ ■- the dominant forces at work in their midst, posl exilic Judaism was led to plnre i . ■ . i more and more on external forms. The passages from theHo ethical motifs to the front. i Lev 2V I r. hv Participating m the funeral riles. i Lev 21^ Il.l. ' Zing a chie\ > (or husband) am /At corrupt Ind the SaraW differ. ' The res, adopted, tl gh the most prol>al)le restoration. . k Lev. 21' The Beb. has a pi. verb in this and the following da 1 Lev. 21 s So Gk. and Syr. Heb., you. m Lev. 22 4 Or, a person. 195 Lev. 22*] THE PRIESTS Holiness < 'ode are his food. 8 That which dieth a natural death, or is torn by beasts, he may not eat so as to be made unclean by it : I am Jehovah. 9 So shall they observe my injunction. If they incur sin on account of some holy thing, and die in consequence of profaning it : I am Jehovah who sanctifieth them.' Priestly Codes To take Lev. 10 8 Jehovah gave this command to Aaron, 9 Drink no wine or "'>Vi- strong drink, cither thou or thy sons, when ye go into the tent of meeting, cants lest V( . di e ; this shall be a statute forever throughout your generations. Supplemental Priestly Codes To Lev. 10 6 Moses said to Aaron, and to Eleazar and to Ithamar, his sons, frnm" 1 Do not unbind your heads" or rend your clothes, lest ye die, and he be angry "";"'"- with all the congregation; but your fellow countrymen, the whole house of Israel, may bewail the burning which Jehovah hath kindled. 7 Ye shall not go out from the entrance of the tent of meeting, lest ye die, for the anointing oil of Jehovah is on you. Then they did according to the com- mand of Moses. To Ex. 30 17 Jehovah also gave this command to Moses, 18 Thou shalt make before a hiver °f brass, with its base of brass, to be used for washing. Thou shalt °ffi ci_ put it between the tent of meeting and the altar, and thou shalt put water in it, 19 so that Aaron and his sons may wash their hands and their feet in it: -"whenever they enter the tent of meeting, they shall wash with water, that they die not; or whenever they come near the altar to minister, to burn an offering made by fire to Jehovah. 21 So they shall wash their hands and their feet, that they die not. This shall be a statute forever for them, even for him and his descendants throughout their generations. § 165. Authority over Levites, Nu. S 8 - 6 - n , 18'- 2a , 4" Priestly ('odes Levites Nil. 3 "'Jehovah spoke thus to Moses, ''Bring the tribe of Levi near, and ser . r set them before Aaron the priest, that, they may minister to him. 9 And the vants Israelites shall give the Levites to Aaron and to his sons; they shall be wholly given to him in behalf of the Israelites. Nil. 18 J Jehovah said to Aaron, Thou and thy sons and thy fathers' house with thee shall bear the guilt of the sanctuary; 11 and thou and thy sons with thee shall bear the guilt of your priesthood. 2a Thy kinsmen also, the tribe of Levi, the tribe of thy father, bring thou near with thee, that they may join themselves to thee and minister to thee. n Lev. 10' /. p.. by removing the turbans. ° Lev. 10° The reference is to the punishment of Aaron's sons, Nadab and Abihu, by fire from heaven because they had offered strange fire,- 1_5 . 'Nu. 18 1 Guilt of the sanctuary, >. e., the consequences of guilt incurred in connection with the sanctuary; cf. similarly, guilt of your priesthood.. 196 AUTHORITY OVER THE LEVTTES [N Supplemental Priestly Codes 4 27 At the bidding of Aaron and his sons the Gershonites shall perform all their service in connection with all thai they have t.. cany, and all that is in their care; ye shall assign to them by mum-i all the things committed t.. their charge to carry. § 16G. Duties, Lev. i0 8a . 10 - », Nu. 18 5 - 7 % Lev. 2*< - [ 9 - u ~^], G' b - 7 [ 13 - '«], Nu. 4 11 «». I0 Priestly Codes Lev. 10 8a Jehovah said to Aaron. l0 Thou and thy sons shall distinguish i between the holy and the common, and between the unclean and the clean; 1 n and ye shall teach the Israelites all the statutes which Jehovah hath ■ vealed to them through Moses. Nu. 18 5 And ye shall have charge of the sanctuary - and the altar thai i wrath may never again come upon the [sraelites. 7: 'lJnt thou and thj sons with thee shall limit the duties of your priestl) office to everything about the :,1,:ir altar and to that which is within the veil. Lev. 2 1 When anyone offereth a cereal-offering as a gift to Jehovah, 1 his gift shall be of fine meal; and he shall pour oil on it, and put frankincei * on it. 2 Then he shall bring it to Aaron's Bona the priests; and the Driest shall take from it a handful of the fine meal and oil. with all the frankincense. Then offering as a memorial of the offering, the priest shall burn them on the altar, an offering made by fire, of an odor pleasing to Jehovah. Supplemental Priestly Codes Lev. 6 6b If a man bring a guilt-offering to Jehovah, 'the priest shall Uao make atonement for him before Jehovah ; ami he shall !»■ forgiven for any- J thing which he may have done to incur guilt. 1 Nu. 4 u A!so over the golden altar the sons of Kohath shall spread a i violet cloth, and cover it with a covering of Egyptian leather, and shall put in its staves." 12 Then they shall take all the utensils of ministry which thej | use in ministering in the sanctuary, and pul them in a violel cloth, and cover them with a covering of Egyptian leather, and put them on the frame. 13 They shall also take away the ashes from the altar, and spread a purple cloth over it; 14 and they shall put on it all the utensils of the altar which the) use in ministering about it, the fire-pans, the fleshhooks, and the shovels, ami the i Nu. 4 27 So Gk. and cf. 30 . Heb. omits, by name, § 16G For the duties of the pro-exilic priests, cf. g 149, and of Eiek.'s priesthood Their earlier functions as guardians of the Oracle and as jui I as well wo • cases have disappeared in the priestly codes, and instead their activity i- limited t" th< ■ of the sanctuary and its sacrificial ritual, to the instructioo of the people concerning theu monial duties, and to distinguishing between red and apparent cases ol leprosy, of. I r Lev. 10 10 In its present form in the Heb. th p fragment, connected with its context. It probably was originally a priestly direction. » Nu. 18 5 Possibly the reference is to the oracle or holy of holies ■ it seems to include the sanctuary as a whole. Cf. for the context Vol. 1 <• Lev. 6 7 Lev. 14 also provides that the priests officiate in the ■-■in. my for toe cleansing of lepers, ef. § 179. "Nu. 4" VSS. "■ ] -' "' are possibly later than the r< 197 Nu.4 14 ] THE PRIESTS Supplemental Priestly Codes basins, all the utensils of the altar: then they shall spread over it a covering of Egyptian leather, and put in its staves. 15a When Aaron and his sons have finished covering the holy things, v and all the holy utensils, w as the camp is about to set forth, after that the sons of Kohath shall come to carry them, without, however, touching the holy things lest they die. s„m- l6 Eleazar the son of Aaron the priest shall have charge of the oil for the " t ' a ",\ rn light, and the fragrant incense, and the daily x cereal-offering, and the moriat anointing oil; he shall have oversight over all the dwelling, and all that is in it. the holy things* and the utensils which go with them. 2 § 167. Means of Support, Lev. 8S»»-», Nu. 18*\ Lev. 7»-"- »■» [«], 10"- ", Ex. 29 27 - 2S . Nu. 18«. '" [Lev. 6- 4 - 26 , 7 1 - 7 , 5 1113 ], Q iil \ 10> 2 . 13 [2 1 - 3 ], 7 9 - 10 , Nu. 6 19 - 2 °, 1828-32,59. io, 18", "• is, 15 2 «- 21 [Lev. 27 1 - 29 ], Nu. 18 12 . 13 - 15 - 18 [3 4 «- 51 ], Lev. 24 s " 9 *, Nu. 5-\ Lev. 7 s , Nu. 31"- J9 Holiness Code Offer- Lev. 23 15 Ye shall count from the day following the sabbath, from the j? 88 * 1 day that ye bring the sheaf of the wave-offering seven full weeks; 16 until feast of th e d a y following the seventh sabbath shall ye count fifty days; then ye shall weeks present a new C e r eal-offering to Jehovah. 17 Ye shall bring out of your dwellings two wave-loaves of two-tenths of an ephah; they shall be of fine meal, and they shall be baked with leaven, as firstfruits for Jehovah. 18 Ye shall present with the bread seven yearling lambs without blemish, and one young bullock, and two rams; they shall be a burnt-offering to Jehovah, with the accompanying cereal-offering and libations, an offering made by fire, of an odor pleasing to Jehovah. 19 Ye shall also offer one male goat as & sin-offermg, and" two male lambs a year old as a sacrifice of peace-offerings. 20 Then the priest shall wave them with the bread of the firstfruits as a wave-offering before Jehovah, with the two lambs ;>> they shall be a holy gift for Jehovah and shall belong to the priest. v Nu. 4 lr,:l Or, sanctuary. w Nu. 4 1 '' 1 * Or, uterisils of the sanctuary. 1 Nu. 4 16 Heb., continual, cf. Lev. »,' '■*. y Nu. 4 1 " Or. sanctuary and its utensils. *Nu. 4 K ' This vs. was probably the latest addition to the chapter. § 167 The priestly codes provide a definite and greatly increased income for the priests. I,, I,.,! ,,f l.rintr subjects of individual charity, as under the Deuteronomic codes, the priests now able to demand certain specific dues. Definite portions of every sacrifice that was offered uenl to them. The tithe of the tithe also added to their income. As already enacted by Ezek., all the special contributions and objects consecrated to Jehovah, § 153, fell to them. In addition the priestly laws provide that the money paid for the redemption of every first- born in a family, the best portions of the olive oil anil wine and the first ripe fruits as well as firsl of the dough of every baking, should go to the priests. In this way they shared in the fruits of practically every form of labor in which the later Jews engaged. The supplemental laws further roll up their income by enacting that the hides of the animals sacrificed as burnt- offerings and a portion of all the spoils of war should belong to the priests. Lev. 'JH 1S - '''■' The original animal sacrifice appears to have consisted simply of two lambs, l ». This section was probably added by a scribe who had in mind Nu. 28 27 " 30 , but who Confused the numbers of ram.- and bullocks. b Lev. 23 20 A very late interpolation. 198 MEANS OF SUPPORT [X..18 20 Priestly Codes Nil. 18 20 Jehovah said to Aaron, Thou shalt have DO inheritance in N their land, nor shalt thou have any portion among them; 1 am thy portion '.' and thy inheritance among the Israelites. Lev. 7 n This is the law concerning the sacrifice of peace-offeringi which one may offer to Jehovah: 12 if he offer it as a thank-offering, then he shall offer with the sacrifice of thanksgiving unleavened cakes mixed with " f oil, and unleavened wafers smeared with oil, and cakes mixed with oil. of fine meal well mixed. 13 With cakes of unleavened bread in addition t«. the sacrifice of his peace-offerings, which are given as a thank-offering, shall In- present his gift. 14 And out of his offering he shall present one cake of each kind as a contribution to Jehovah; it shall belong to the priest who dasheth the blood of the peace-offerings. c 28 Jehovah gave this command to Moses: w Sav to the Israelites, 'He who sacrificeth his peace-offerings to Jehovah shall bring his gift to Jehovah out of the peace-offerings which he sacrificeth. d 30 With Ins own hands he shall bring the offerings to be made by fire to Jehovah; the fat with the breast shall he bring, that the breast may be waved as a wave-offering before Jehovah. 31 The priest shall burn the fat on the altar; but the breast shall belong to Aaron and his sons. •''-And the right thigh shall ye give to the priest as a contribution out of the peace-offerings which ye sacrii 33 He among the sons of Aaron who offereth the blood of the peace-offerings and the fat shall have the right thigh as his due. 34 I"<>r the wave-breasi and the thigh that is set aside have I taken from the Israelites "Mi of the peace-offerings which they sacrifice and have given them to Aaron the priest and his sons as their due forever from the Israelites.' 35 This is the share 8 of Aaron, and the share of his sons, out of the offerii for Jehovah made by fire, in the day when Moses presented them to minister as priests to Jehovah, 36 which Jehovah commanded to be given by the Israel- ites on the day lie anointed them. It is ;i statute foievei throughout their generations.' 10 14 Thou and thy sons and thy daughters with thee shall eat in a clean I place the wave-breast and the thigh of the contribution, for thej are given as thy due, and thy sons' due, out of the peace-offerings which the Israelites ' sacrifice. 'The thigh of the contribution and the wave-breasi -hall they brine with the offerings of the fat made by fire to wave them as a wave-offering I - Jehovah ; they shall belong to thee and to thy son* as your due forever, as Jehovah hath commanded. '' Ex. 29 27 Thou shalt consecrate the breast of the wave^ffering, and the thigh of the contribution, which is waved, and that which is contributed, oi the ram of consecration, for Aaron and his sons; - s aud they >hall belong to c Lev. 7 1111 The form and contents of this passage indicate thai it w from the priestly directions. , , ,. , .. . . d Lev. 7 28 -' ,:i These vss. are evidently a supplement to the preceding pnestlj • l ' r ■ probably come, however, from the author of the priestly groundwork, of. [ntrod., pp. h. 18. e Lev. 7 32 Possibly a glof ' Lev. 7 M This vs. has the characteristics of the latest priestly editors «Lev 7 1 ' This word has been confused with our etymologically similar which anointina portion, and this < fusion has led to a gloss in \ OH tht m thai Vss. 35 > ™ may also be later additions to "". h Lev. 10'° Probably a still later gl 199 Ex.29 28 ] THE PRIESTS Priestly ( 'ode Aaron and his sons as their due forever from the Israelites; for it is a con- tribution; and it shall be a contribution from the Israelites out of the peace- offerings which they sacrifice, even their contribution to Jehovah. Nu. 18 '-'This shall be thy share of the most holy things, reserved from the lire: all their gifts, even all their cereal-offerings, all their sin-offerings, and all their gunt-offerings, with which they make restitution to me, shall be held most sacred by thee and thy sons. 10 In a most holy place shaft thou cat it; every male shall eat it; it shall be held sacred by thee. Of the Lev. G 14 This is the law concerning the cereal-offering : the sons of Aaron' X'; 1 . 1 " shall otter it before Jehovah, in front of the altar. 15 And he shall take up a ings handful of the line meal of the cereal-offering, and of the oil, and of the frankincense which is upon the cereal-offering, and shall burn it on the altar as an offering made by fireJ of pleasing odor, as a memorial k to Jehovah. '"The rest of it Aaron and his sons shall eat; it shall be eaten unleavened in a holy place: in the court of the tent of meeting they shall eat it. X/ It shall not be baked with leaven. I have given it as their portion of my offerings made by fire; like the sin-offering, and the guilt-offering, it is most holy. 18 Any male among the sons of Aaron may eat of it, as his everlasting due throughout your generations, from the offerings made by fire to Jehovah; but any layman who toucheth these offerings shall become holy. 1 Supplemental Priestly Codes Lev. 10 12 Then Moses gave command to Aaron, and to Eleazar and Ithamar, his sons who were left to him, Take the cereal-offering that is left over from the offerings made by fire to Jehovah and eat it unleavened be- side the altar; for it is most holy. m 13 And ye shall eat it in a holy place, for it is thy due and thy sons' due of the offerings of Jehovah made by fire; for thus I am commanded. 7 9 Every cereal-offering that is baked in the oven, and whatever is pre- pared in the stew-pan or on the griddle shall belong to the priest who offereth it." 10 But every cereal-offering, whether mixed with oil or dry, shall belong to the sons of Aaron, to all alike. Pricstl;/ Codes Of the Nil. (> 19 The priest shall take the boiled shoulder of the ram, and one rito<>f- unleavened cake from the basket, and one unleavened wafer, and shall lay fering them on the hands of the Nazirite, after he hath shaved off the evidence of his separation. 20 Then the priest shall wave them as a wave-offering 1 Lev. 6 14 The subsequent context indicates that this is a later insertion. The passage is from the priestly direct inns. J Lev. 6 15 So Gk. and Sam. Heb.. as a pleasing odor, cf. I 9 and 2". k Lev. (J 1 " As a memorial, possibly secondary, interrupting the usual form of expression. 1 Lev. 6 U Lit., whoever toucheth them shall be holy. i. e., infected with holiness, tabooed from any common occupation. m Lev. ID 1 -' This vs. incorporates earlier data in a very late setting. ■ Lev. 7 9 Possibly this vs. is also one of the later additions to the priestly codes. '.' ' Lit., his separation, i. e., shaved off his hair which hitherto had symbolized his Naziriteship. 200 MEANS OF SUPPORT [Ni Priestly Code before Jehovah; this is a holy gift for the priest, together with the w breast and thigh of the contribution; after this the Nazirite may drink wine. 18 25 Jehovah gave this command to Moses, 26 Thou shah s|„-ak to the \ Levites and say to them, 'When ye take from the [sraelites the tithe which I have granted you from them as your inheritance, ye shall make a contribu- ' tion from it to Jehovah, a tithe of Bhe tithe. ^Your contribution shall In- accredited to you as though it were the grain of the threshing-flour and the full produce of the winepress. 28 Thus ye also shall make a contribution to Jehovah of all your tithes which ye receive from the Israelites; and out of them ye shall give Jehovah's full contribution to Aaron the priest. -"'< >ut of all your gifts ye shall make the full contribution due to Jehovah, even the consecrated parts of these gifts, selecting il from the best of them.' I . re- fore say to them, 'When ye have contributed from your gifts the best partP of them, the rest shall be reckoned to the Levites a-; the produce of the thresh- ing-floor and of the winepress. :;1 Ye may eat it anywhere, ye au'•' Holt hf fits. r Nu' l* 1 " Lit., covenant of sail. The root idea ifl thai those »li" share thi are bound not only to refrain from injuring each other, bul to help each other wheoevi casion may demand. , _ , . ■ Nu. 18 14 - w This law is developed in Lev. 27' ' where the different | i dedi- cated to Jehovali are specified. Cf. < Nu. IS 1 - Lit., fat. 'JO I Nu. 18 1 '-] THE PRIESTS Priestly Codes First- hovah, both of man and beast shall be thine; only for the first-born of man f'',!mi.v f ,,,,,u s,lalt receive a ransom, and for the firstling of an unclean animal thou '" rl - shalt receive a ransom." 16 At a month old thou shalt receive its v ransom lock price according to thy valuation, the sum of five shekels, after the shekel of the sanctuary, which contains twenty gerahs. 17 But for the first-born of a cow, <>r the first-born of a sheep, or the first-born of a goat, thou shalt not receive a ransom; they are holy; thou shalt dash their blood against the altar, and burn their fat as an offering made by fire, of an odor pleasing to Jehovah. 18 Their flesh shall be thine; like the wave-breast and the right thigh, it shall be thine. show- Lev. 24 5 Thou shalt take fine meal and bake twelve cakes of it, with bread two-tenths of an ephah in each cake. 6 Thou shalt set them in two rows, six in a row, upon the table of pure gold w before Jehovah. "Thou shalt put pure frankincense upon each row, to serve as a memorial of the bread, an offering made by fire to Jehovah. 8 Every sabbath day the priest shall set it in order before Jehovah regularly; it is offered in behalf of the Israelites, in token of an everlasting covenant. 9a It shall belong to Aaron and his sons; they shall eat it in a holy place, for it is most holy. Supplemental Priestly Codes Guilt- Nu. 5 5 Jehovah gave this command to Moses : 6 Say to the Israelites, 'When a man or woman shall commit any sin such as men commit, x in break- ing faith a with Jehovah, and that person shall so incur guilt, "he shall con- fess the sin which he hath committed, b and shall restore in full that which he holds wrongfully, and shall add a fifth to it, and give it to him by wrong- ing whom he hath incurred guilt. 8 But if the man have no kinsman to whom the property wrongfully held may be restored, the property wrongfully held must be restored to Jehovah; the priest shall have it; besides the ram of the atonement, with which atonement is made for him.' Hide Lev. 7 8 As for the priest, who offereth any man's burnt-offering, he shall burnt- have as his own the hide of the burnt-offering which he hath offered. Nil. 31 2r> Jehovah gave this command to Moses : 26 Make an estimate of ings ° . i». irt the booty that was taken, both man and beast, thou, and Eleazar the priest, "' ''"' and the heads of the fathers' houses of the congregation; 27 and divide the spoils o o of war booty into two parts, between the men skilled in war, who went out to battle, and all the rest of the congregation. 28 Then levy a contribution for Jehovah upon the warriors who went out to battle : one in every five hundred, of the persons, and of the oxen, and of the asses, and of the flocks; 29 take it from their half and give it to Eleazar the priest as a special contribution to Jeho- vah. " Nu. IS''' Lit., thou shalt ransom. The Heb. word is probably wrongly pointed. Nu. Is" Its clearly refers to the first-born of man alone. w Lev. 24 6 Lit., pure table. 1 Nu. 5° Or, against men. ■ Nu. 5 6 Or, and so break faith. >■ Nu. 5 7 Heb., they shall confess their sin which they have committed. c Nu. ~>~ Or, make restitution for his guilt. Lit., restore his guilt. The word here used ordinarily means guilt-offering; and only here and in s has it the meaning indicated in the translation. 202 offer- ings INSTALLATION OF THE HIGH PRIEST [I IV THE HIGH PRIEST § 1G8. Installation, F.x. 29 s - 7 , 4(J>- ' [Lev. 8' ••-] Priestly Codes Ex. 29 5 Thou shalt take the garments, and clothe Aaron with the tunic. ; and the robe of the ephod, and the ephod, and the breastplate, and jjird hi with the skillfully wrought band of the ephod: 'and thou shalt set the turban '""""- on his head, and put the holy crown upon the turban. "Then thou shalt take the anointing oil, and pour it on his head, and anoint him. Supplemental Priestly Codes Ex. 40 12 Thou shalt bring Aaron and his sons to the entrance of the tent of meeting, and shalt wash them with water. ''Then thou shall clothe Aaron with the holy garments; and thou shalt anoint him, and consecrate him, that he may minister to me in the priest's office. § 169. Clothing, Ex. 28 139 , 29 2 »- 3 ° [39'- 3 «] Priestly Codes Ex. 28 ^ring thou near to thee Aaron thy brother, and hi- -on- with i him, from among the Israelites, that he may minister to me in the priest's office, even Aaron, Nadab and Abihu, Eleazar and Ithamar, Aaron's ><>n-.. 2 Thou shalt make holy garments for Aaron thy brother, as splendid adorn- ments; 3 and thou shalt give command to all who an- gifted, whom I have filled with the spirit of wisdom, a that they make Aaron's garments u> con- secrate him, that he may minister to me in the priest's office. 'And tl are the garments which they shall make: a breastplate, and an ephod, and a robe, b and a tunic of checker work, a turban and a sash; thus they shall make holy garments for Aaron thy brother, and his sous, that he may min- ister to me in the priest's office. • r 'Thcy shall use thread <>!' gold, and violet, and purple, and red cloth, and fine linen. The High Priest. — From the days "f Solomon a chief priest was over to be foun I during the Bab. exile, at the head of the Jerusalem priest! I. The nan ■ * the pre-exilic officials are known: Zadok, Jehoida and Hilkiah. Their title appears in the later pre-exilic literature to have always been chief priest. 'I lie same designation i- used Holiness Code. The title high priest i- peculiar to the pos^exiho priestly literatui suggestive of the exalted civil and religious authority exercised by the high i ■■ ■ over the sacred temple and the Jewish community thai gathered a I it. I he ■ the religious leaders of the Jewish race into close contact with the Babyloniana and I among whom the high priests enjoyed similar commanding authority It is probal fore, that many of the clement- in the later Jewish regulations regarding the high suggested by tne example of these powerful nations. . ,,,,,, n § 109 The high priest was in later Judaism the representative of the Heb. kings, the head and crown of the hierarchy. His co.-tum. • when officiating as the hud. pi i nation was correspondingly regal. Each article of his clothing and adornment sacred symbolic meaning. The exact meaning of manj ol the Beb. words empl description is doubtful. •Ex. 28 3 Lit., wise of mind. b Ex. 28 4 Or, mantle. 203 cape Jew- Ex.286] THE HIGH PRIEST Priestly Codes 6 They shall also make the ephod of gold, of violet, and purple, and red der- cloth, and fine twisted linen, with skillful workmanship. 7 It shall have two shoulder-pieces fastened together, that it may be held together at the two ends." 1 8 The skillfully WTOught band, which is upon it, with which to gird it on, shall be of like workmanship and of the same piece with it, of gold, and violet, and purple, and red cloth, and fine twisted linen. 9 Thou shalt also take two onyx stones e and engrave on them the names of the sons of Israel : "'six of their names on the one stone, and the names of the remaining six on the other stone, in the order of their birth. n With the workman- ship of an engraver in stone shalt thou engrave the two stones, with the names of the sons of Israel; thou shalt make them enclosed in settings of woven gold thread. 12 Thou shalt fasten the two stones on the shoulder-pieces of the ephod, as stones of memorial for the Israelites; thus Aaron shall bear their names before Jehovah on his two shoulders as a memorial. 13 Thou shalt also make settings of braided gold thread, 14 and two chains of pure gold; like cords shalt thou make them, w 7 ell twisted; and thou shalt attach the corded chains to the settings. 15 Thou shalt make a breastplate of judgment, 1 skillfully wrought; of like elle.i workmanship with the ephod thou shalt make it; of gold, of blue, and purple, plate and violet, and fine twisted linen, shalt thou make it. 16 It shall be square and folded double, a span long, and a span wide. 17 Thou shalt insert in it a setting of stones, four rows of stones; a row of carnelian, topaz, and emerald shall be the first row; 18 and the second row r shall contain a ruby, g a sapphire, and a jasper; 19 and the third row a jacinth, h an agate, and an amethyst; 20 and the fourth row a chrysalite, 1 and a beryl, and an onyx; they shall be interwoven with gold thread in their settings. 21 The stones shall correspond to the names of the sons of Israel, twelve according to their names; as a seal is engraved with one's name, they shall stand for the twelve tribes. 22 Thou shalt make upon the breastplate cordlike chains, well twisted, of pure gold.J 23 Thou shalt make upon the breastplate two rings of gold, and shalt attach the two rings at the two ends of the breastplate. 24 Then thou shalt put the two corded chains of gold in the two rings at the ends of the breastplate. 25 And the other tw 7 o ends of the corded chains thou shalt attach to the two settings, thus sewing them to the shoulder-pieces of the ephod at the front of it. 26 Thou shalt also make two rings of gold, and attach them at the two ends of the breastplate, at the inner edge of it, which is toward the side facing the ephod. k 27 Thou shalt also make two rings of r Ex. 28" Lit., the work of a skillful workman. 11 Ex. 28' The text is not clear. ' Ex. 28 9 Or, beryl, or malachite. Some gem, but just what kind is uncertain. ' Ex. 28 15 Or, pouch to hold the oracle. r Ex. 2S 1S Or, carbuncle . . . onyx. ' l.\. 28 19 Or, amber, or carbuncle. ' \.\. 28 20 Or, yellow jasper, . . . onyx . . . jasper. ' \'.\. 2s-'-' Po^sililv a kIoss; it is unnecessary after l *. k Ex. 28 22 - 30 The Gk. has a shorter and variant text for 22 - 30 , omitting 23 - 26 - 28 , and 25tt , placing 2 ' J before 21 , and omitting all mention of rings. The Gk. also represents the breast- ELate as suspended by two corded chains. Neither the Heb. or Gk. are satisfactory. Behind oth lies apparently a description of the breastplate hung by golden chains fastened to it, with 204 CLOTHING [Ex. Priestly Codes gold, and attach them to the two shoulder-pieces of the ephod underneath, at the front of it, close to the place of joining, above the skillfull) wrought band of the ephod. 28 The breastplate shall be secured 1>\ its rings to tin- rings of the ephod with a violet cord, so that it will !><• over the skillfully woven band of the ephod, and that the breastplate may not hang loose from the ephod. 29 Aaron shall bear the names of the Israelites in the breastplate of judgment upon his heart, when he goeth in to the holy place, as a memorial before Jehovah continually. 30 Thou shalt put inside the breastplate of judgment the Urim and the Thummim; 1 that they may be upon Aaron's heart, when he goeth in before Jehovah; thus Aaron .shall hear the judicial decisions of the Israelites upon his heart before Jehovah continually. 31 Thou shalt make the robe of the ephod all of violet. ''-There shall be Robe an opening at the top, m in the middle of it, with woven work about the opening, as in the case of a coat of mail," that it be not torn. • ;; ( >n tin- lower edge of it thou shalt make pomegranates of violet, and purple, and red, round about the border of it; and bells of gold between them round about, 34 a golden bell and a pomegranate, on the border of the robe round about. 35 And Aaron shall wear it while ministering; and the sound of it shall In- heard when he goeth in to the holy place before Jehovah, and when he cometh out, that he die not. 36 Thou shalt make a diadem of pure gold and engrave on it. HOI A' TO Di»p JEHOVAH. 37 Thou shalt attach to it a violet cord to secure it to the tnr- ',,a'm." r ban; at the front of the turban shall it be. 38 It shall be upon Aaron's tore head, and Aaron shall be responsible for the holy things, which the Israelites consecrate, for all their holy gifts; it shall be always upon his forehead, that they may be accepted before Jehovah. 39 Thou shalt weave the tunic of fine linen in checker work; and thou shalt make a turban of fine linen, and thou shalt make a sash of embroidered work. 29 29 And the holy garments of Aaron shall be for his sons after him, in i which to be anointed and installed. :ill Seven days shall the sou who l>e- cometh high priest in his place put them on, when he cometh into the tenl of meeting to minister in the holy place. their other ends made fast to the setting on the shoulder-pieces. The Heb. "f " mak< settings separate from the shoulder-pieces, thus differing from the earlier deaoript ma\ be accounted for l>v supposing that the reference to the onyx stones, with their in ■ tions corresponding to the twelve stones in (lie breastplate, i- a later addition. Other the Heb. is fairly consistent and intelligible. 1 Ex. 2S 30 Lit., Iht lights and (he perfections. For the earlier oracular use of these, cf. I Sam. II". '- (Gk.), Vol. II. §7. Originally they appear t" have been two stones used in casting the sacred lot to determine the divine wUl. Possiblj thej were -till employed bj th< priest in the same way; or they may have been Bimplj worn bj him when rendei decisions, as symbols of his divine authority. "' Ex. 28 32 Or, thcrr y/i/ill lie cm o\ tin It, -ml. n Ex. 28 3a Lit., like the opening of a root <>f mail. °Ex. 28 33 These hells are probably a survival from a more primitive period when they were deemed necessary to keep away the evil i 205 Lkv. 21 10 ] THE HIGH PRIEST § no. Ceremonial Cleanliness, Lev. 21" ' \ 10»- » Holiness < 'ode Lev. '- 1 l0 The priesl w 1 1 • » is chief among his brethren, on whose head the anointing oil has been poured, and who has been installed, so as to |»ut on ili«' garments.P shall doI unbind his head* 1 or rend his clothes, ll nor shall he go in to am dead bodj . or defile himself for his father or for his mother; ither shall he go oul of the sanctuary nor profane the sanctuary of his God; for the consecration imparted 1>> the anointing oil of his God is upon him : 1 am Jehovah. M .,, ! 11,- shall lake a virgin as his wife. l4 A widow, a divorced woman, or a "•"'■*' dishonored woman, or a harlot, such he shall not take: hut a virgin of his own lather's km shall he take as his wife. ' 'that he ma\ not make his de- scendants dishonored among his father's kin : 1 am Jehovah who sanctifietli him. Priestly ( 'odes \,, ,„ Lev. loMehoxah gave this command to Aaron. ''Prink no wine or strong drink, either thou or thj sons, when ye go into the tent of meeting, lest ye die; this shall be a statute forever throughout your generations. §i;i Duties, Lev. 16 . l\ > . gQ . Ley, ( ; ... i\. mv. s /' stly Codes On the L45V. 16 'The high priest, who shall be am tinted and in -tailed as priest atom* in Ins father's place-, shall make the atonement, and shall put on the holy Itlent 5 i:o Because of his superlatively sacred office and functions, especial sanctity was re- quired of the lush priest; he must always marry only a virgin :in/"' offering to the Most High, t/ie Almighty. i He stretched out his hand in the cup. And poured out the blood of tht orape; 11, poured it out at the foot of the altar, A sweet-smelling s" e,,r in the Most If'!/'', the King of all. '■■/'/,,„ shouted the sons of Aaron, 'II,,,, bleu on the trumpets of beaten i blew and sent forth a mighty Mast, rcmeiiibnnici befori the Most High. "Then "II the people together hasted, They fell down with their faces to the around. To worship their Lord, the Almighty, God Most High. i*Tht singers also praised h,m » ; /„ the whole house was there mode sweet mehxiy. ■ .,,/ tht people besought the Lord Most High, I,, prayer before him who is merciful, t rail il" service at On altar was ended; And his due ha/1 been rendered to him. ™Then the high priest went down and lifted up his hamls. Over the whole congregation of tht I --ra elites To give blessing to tht Lord with his lips. Ami in glory in his name. tlAnd he l,<, ned lu the scrotal tour ng from the Most Hign. '*hV. 6* T&&* i- i..eo„- 1 -..nf with the lae< hall of the™, and* «"««>* tfcev «;-■' Beb thou shalt, i error due tgthe m w rfading of the P. re ^» t " verb. „^;,-i sVr.. thou shalt > ■ " corrupt, and the rendering given is not certain 207 Lev. (»--] THE HIGH PRIEST Supplemental Priestly Codes ants, who shall minister in his place, shall offer it; all of it shall be burnt as an everlasting due to Jehovah. Incense Ex. 30 'On the altar of incense Aaron shall burn incense of sweet spices; lamps eacn morning, when he taketh care of the lamps, he shall burn it. 8 When Aaron setteth the lamps in place towards evening, he shall burn it as a per- petual incense before Jehovah throughout your generations. E Regulations Regarding Ceremonial Cleanliness I FOOD § 172. Clean and Unclean Animals, Birds and Insects, Dt. 14 3 " 20 , Lev. 20 25 - 26 ll 1 " 23 - :6 ' 27 - 29 . 30 . 41 -* 4a . «t>-47 Deuteronomic Codes Ani- Dt. 14 3 Thou shalt not eat any abominable thing. 4 These are the beasts suit- which ye may eat : the ox, the sheep, the goat, 5 the hart, the gazelle, the able roebuck, the wild goat, the addax, a the antelope, and the mountain sheep, food 6 And every beast that parteth the hoof and cleaveth the cleft of the two hoofs and cheweth the cud b among the beasts, that ye may eat. "Xever- Regulations Regarding Ceremonial Cleanliness. — An exalted conception of the holi- ness and perfection of the Deity underlies all the ceremonial laws. A holy and perfect God must be worshipped by a holy and perfect people. A prophet like Isaiah defined holiness and perfection in moral terms, cf. Is. 6; but Israel's priests, in common with those of Babylonia. where much the same ceremonial laws obtained, sought to give objective and concrete ex- pression to the principle of purity and perfection. As has been already noted, the Bab. exile gave a great impetus to this tendency, which, however, is traceable to the very beginnings of human history. The same general distinctions between clean and unclean food, the same general conceptions of defilement through contact with things ceremonially unclean, and the same emphasis upon the special purity of the priesthood were snared in common by the early Semitic peoples. Natural aversion at once explains why many things, as for example men afflicted with loathsome leprosy, were classified as unclean. All that suggested death or cor- ruption had no place in the presence of the Holy One. Possibly an intuitive sense also led the Israelites to place certain diseases and unsanitary practices under the ban. In some cases primitive totemistie ideas doubtless underlie even the later laws. § 172 The belief in the sanctity of the blood, which was regarded as the life of the animal, evidently explains why many of these animals were classified as unclean. Since blood was sacred to the Deity, no Israelite was allowed to eat it. Hence all animals mangled or dying a natural death, and therefore retaining their blood in their veins were unfit for food. The same was true of all beasts and birds of prey. Scavengers were classified as unclean for the same reason and because of their loathsome habits. These were excluded by the law concerning non-ruminating animals. The basis of the prohibition against ruminating animals which do not part the cleft hoof is not so clear. The camel may have been thus excluded either because of its great value, or more probably, because it was regarded as sacred among the early Arabs. The hare and the rock-badger may have been prohibited because their flesh or habits were re- pulsive to the Hebrews. The principle of natural aversion is evidently operative in the case of fish and insects, explaining why the eel and all swarming things are placed under the ban. The exception in the case of locusts is e'early a concession to prevailing usage. Evidently both the list in Dt. 14 and its close parallel in Lev. 11 are based on still earlier usage and may well be derived -from an earlier written source. Possibly the passage in Lev. 11 originally belonged to the Holiness Code. It has been supplemented in the latter part of the chapter 26-44:i f or t), P , P VS8< are m p ar t duplicates of l_23 . a Dt. 14 5 Gk., pygarg. followed by the English versions. b Dt. 14" Lit., bringeth up the cud. 208 CLEAN AND UNCLEAN ANIMALS [Dt. 14 7 J)< uteronomic Codes theless these ye shall not eat of those that chew the cud or of those that part the cleft hoof: the camel, the hare, and the rock-badger, because they chew the cud but do not part the hoof; they are unclean to you. 8 And the swine, because he parteth the hoof but cheweth not the cud, he i-^ unclean to you. Of their flesh ye shall not eat. and their carcasses ye shall not touch. ,J These ye may eat of all that are in the water.-,: whatever hath fins and i scales may ye eat; 10 and whatever hath not fins and scales ye shall n"t eat; it is unclean to you. n Of all clean birds ye may eat. 12 But these are they of which ye Bhall Birds not eat: the griffon-vulture, the bearded-eagle, the ospray, ' the falcon/ 1 and the kite after its kind, 14 and even- raven after its kind, '"'and the ostrich, the night-hawk, the sea-mew. and the hawk after its kind, "'the little owl, the great owl, the horned owl, e 17 the pelican, the carrion-vulture, the cormorant, 18 the stork, and the heron after its kind, and the hoopoe and the bat . 19 And all winged swarming creatures are unclean to you; they shall Dot l>e Insect* eaten. 20 Of all clean winged creatures ye may eat. Holiness Code Lev. 20 25 Ye shall make a distinction between the clean beast and the General unclean, and between the unclean fowl and the clean; and ye shall not make yourselves abominable with beast, or by bird, or by anything with which the ground teemeth, which 1 have distinguished for yon a> unclean. -''Hut ye shall be holy to me; for I, Jehovah, am holy, and have distingu i shed you from the peoples, that ye should be mine. Priestly Codes Lev. 11 l Jehovah pave this command to Moses an.! Aaron: «Say t.> the Ant- Israelites, ' These are the living things which ye may eat among all the beasts ' that are on the earth: 3 whatever parteth the hoof, and deaveth the cleft of the hoofs, that cheweth the cud among the beasts, that ye may eat. l N ertheless these shall ye not eat of those thai chew the , Jot, 39 whirl, is exceedingly common m : , .-'"."•• . , , \ «jrihd , ■- Dt. \\ Vi So Gk. and Sam., mi, .ported by the dose parallel m I**. U. a ion rnptiou ha- crept into the Heb. e Dt. 14 lG Gk., water ken, or ibis. 209 Lev . 11103 FOOD Priestly Codes thai bave not fins and scales, in the seas, and in the rivers, of all thai move in the waters, and of all the living creatures that are in the waters, they arc detestable to you, "and they shall be detestable f to you; ye shall not eat of their flesh, and their carcasses ye shall detest. 12 Whatever in the waters hath no fins nor scales is detestable to you. Birds l3 And these ye shall detest among the birds; they shall not be eaten, they are : the griffon-vulture, and the bearded-vulture, the ospray, 14 the kite, and the falcon after its kind, 15 every raven after its kind, 16 and the ostrich, the night-hawk, the sea-mew, and the hawk after its kind, "and the little owl, the cormorant, the great owl, 18 the horned owl, the pelican, the carrion vul- ture. l9 the stork, the heron after its kind, the hoopoe and the bat. Small '"All winged swarming things that go upon all fours are detestable to you. ; i i , i '|i. -'Yet these may ye eat of all winged swarming things that go upon all Jours, and which have legs above their feet, with which to leap upon the earth; 22 even insects lhese of them ye may eat . the i ocust a fter its kind, and the bald locust after its kind, and the cricket after its kind, and the grasshopper after its kind. 23 Hut all winged swarming things, which have four feet, are an abomination to you. ^Neither shall ye defile yourselves with any kind of swarming thing that moveth upon the earth. 45 For I am Jehovah that brought you out of the land of Egvpt, to be your God : ye shall therefore be holy, for I am holy. Resume 4G This is the law of the beast, and of the bird, and of every living creature that moveth in the waters, and of every creature that swarmeth upon the earth, 17 to make a distinction between the unclean and the clean, and be- tween the living thing that may be eaten and the living thing that may not be eaten.' Supplemental Priestly Codes \m- Lev. 11 26 'Every beast which parteth the hoof, but cleaveth not the cleft of mala the foot, nor cheweth the cud, is unclean to you; every one who toucheth them shall be unclean. 27 And whatever goeth upon its paws, of all beasts that go on all fours, is unclean to you; whoever toucheth their carcass shall be unclean until evening; they are unclean to you. Small 29 And these are they which are unclean to you among the swarming crea- \\\'\' u tures that swarm upon the earth : the weasel, the mouse, the great lizard ?nd after its kind, 30 and the gecko, the land-crocodile, and the chameleon. 41 And every swarming creature that swarmeth upon the earth is detestable; it shall not be eaten. 42 Whatever goeth on the belly, and whatever goeth on all fours, or whatever hath many feet, even all swarming creatures that swarm upon the earth, ye shall not eat, for they are detestable. 43 Ye shall not make yourselves detestable with any swarming creatures that swarmeth, neither shall ye make yourselves unclean with them, that ye should be de- filed thereby. 44a For I am Jehovah your God : sanctify yourselves therefore, and be ye holy; for I am holy.' £ Lev. II 11 Lit., a detestation. 210 BLOOD AND FAT [Dr. I . § 173. Blood and Fat, Dt. 12»-« [i*, 15- 3 ], Lev. 19 :,i », 17 10 -'\ .'i , ", < .. n. !m Deuteronomic Code Dt. 12 23 Firmly resist the temptation 8 to eal the blood; for the l»l I i- H the life, and thou shall not eal the life with the flesh. 24 Thou shall nol . I it; thou shalt pour it out on the earth as \\ .- 1 1 « ■ r . ' ' 25 Thou shall not eal it. ! that it may go well with thee and with thy children after thee, in case thou doest that which is right in the sight of Jehovah. Huh 1 1 ess Code Lev. 19 26a Yc shall not eal anything with the blood. 17 10 If any man of the house of Israel or of the aliens residing among I them, eateth of any blood, I will set my lace againsl him and will cul him off from among his people. ' ' For thelife of the flesh is in the blood; and I have given it to you upon the altar to make atonement for your souls; for it is the blood that maketh atonemenl by means of the life 5 in it. L2 Therefore I have said to the Israelites, None of you shall eat blood, neither shall any alien residing among you eat blood. l3 And it' any one of the Israelites, or of the aliens residing among them, Blood taketh in hunting any beast or bird that may be eaten; he shall pour oul it> blood and cover it with dust. ''For the life of all flesh is contained in t b.- blood; therefore I have said to the Israelites, Ye shall not eal of the lil<»"l of flesh; for the life of all flesh is its blood; whoever eateth <>l it shall be cul off. Priestly ( 'odes Lev. 3 17 Il shall be a perpetual statute throughout your generations in N all your dwellings, that ye shall eat neither fat nor blood. W'i^i 7 23b Ye shall eat no fat, neither of ox, or sheep, or goat. -'Ami the fat '' § 173 The belief that the blood represented 1 1 j « - iri The belief that ceremonial uncleanness could be communicated by contact is ac- cepted as a basal principle in the priestly laws, cf. also Hag. 2 13 . 212 LEAVENED BREAD [Ex.84 1 § 17G. Leavened Bread, Ex. S4 2 «" [23"], l'2 18 -=° Primitive Codes Ex. 34 25a Thou shalt nol offer the blood of m\ passovei sacrifice with N leavened bread. at the Supplemental Priestly Codes Ex. 12 18 On the fourteenth day of the first month in the evening, ye shall eat unleavened bread, until the evening of the twenty-firsl daj of the month. l9 Seven days shall qo leaven be found in your houses; for whoever eateth that which is leavened shall be cut off from the congregation of Israel, whether he be a resident alien, or a native-born. 20 Ye shall eat nothing leavened; in all your dwellings ye shall eat unleavened bread. § 177. Fruit of Young Trees, Lev. 19" ?5 Holiness Code Lev. 19 23 When ye shall come into the laud, and shall have planted any First- kind of trees for food, ye shall treat its fruit as uncircumcised; three years it L'.V-'r-- i shall be held by you to be uncircumcised; it shall not be eaten. -''But in the **£ fourth year all its fruit shall be holy, a (.raise offering to Jehovah. 'And in the fifth year ye may eat of its fruit, that it may yield to you its increase: I am Jehovah your God. § 178. Rules Regarding the Eating of Meat, Ex. 34* \ Dt. 12 U« Lev. 17 3 '', l!)-\ 22 10 -", 7 16 - 18 Prim Hive Codes Ex. 34 26b Thou shalt not seethe a kid in its mother's milk. ^d** S 170 The use of unleavened bread was limited to the passover Feast or onmnally to the agricultural spring festival, cf. note § 212. Amos sp< use of leavened bread 1 ui opn- nlction with the thanksgiving sacrifices at Bethel, I . I bree i planations have been offered to eXSthe use of unleavened bread: (1) that it is a survival o the nomadic usage when, leaven wSraelv employed; (2) because yeast represents fermentation and ■ ( ',r., ;, because a the early spring festival the bread was made from the first-ripe grain wtthoutwaiSTo* She ytast to :,',. The latter .nay well have given riae to the custom and the second explains its perpetuation and emphasis m lain- laws E 77 The first and best products of fruit trees, as wel as the first-born of the hat flock and the firstfruits of the held, wen- , secrated to Jehovah. Since the fru.t of tni sacrificial act. law when there af the religioi usalem, they Code and lai animals mu£ regulations i and the tenacity usage. The law „. who aimed to bring the original regulation into Harmonj cf. Introd., p. 46. 213 Dt. 12 20 ] FOOD I>, uteronomic Codes Per- Dt. 12 -'"When Jehovah thy God shall enlarge thy territory, as he hath Son" t.. promised thee, and thou shalt say, I will eat flesh, because thy soul desireth killani- t() e;lt j t; t] lou ma y e st eat as thou mayest desire. 21 If the place in which home' Jehovah thy God shall choose to put his name be too far from thee, thou shalt kill of thy herd and of thy flock, which Jehovah hath given thee, as I have commanded thee; and thou mayest eat in thine own home, as thou mayest desire. —Even as the gazelle and as the hart is eaten, so thou shalt cat of it : the unclean and the clean may both eat of it. Di 23 Only be sure that thou eat not the blood, for the blood is the life, and I'^ll thou shalt not eat the life with the flesh. 24 Thou shalt not eat it: thou shalt blood pour it out upon the earth as water. 25 Thou shalt not eat it: that it may go well with thee, and with thy children after thee, when thou shalt do that which is right in the sight of Jehovah. Sa.ri- 26 Only thou shalt take thy holy things which thou hast, and thy vows, anmLl- and ^ r " '<> t lit- place which Jehovah shall choose; 27 and thou shalt offer thy burnt-offerings, the flesh and the blood, upon the altar of Jehovah thy God; and the blood of thy sacrifices shall be poured out upon the altar of Jehovah thy God; and thou shalt eat the flesh. Holiness Code Lev. 17 3 If there be any man of the house of Israel who killeth an ox, tJons: or hinib, or goat, either within or without the camp 4 and doth not bring it all lani- ,,, ,1,,, en trance of the tent of meeting, to present it as an offering to Jehovah before the dwelling of Jehovah; blood-guilt shall be imputed to that man: he ai",''.'!„- hath shed blood, and that man shall be cut off from among his people, :, in P le order that the. Israelites may bring their sacrifices, which they are wont to sacrifice in the open fieldj to Jehovah, at the entrance of tlie tent of meeting, to the priest, anil sacrifice them as sacrifices of peace-offerings to Jehovah. ''And the priest shall dash the blood against the altar of Jehovah at the entrance of the tent of meeting, and burn the fat as an odor pleasing to Jehovah. 7 And they shall no more offer their sacrifices to the satyrs, k which they faithlessly worship. This shall be an everlasting statute for them throughout their generations. s If there be any man of the house of Israel, or of the aliens who ioide among them, who offereth a burnt-offering or sacrifice, 9 and doth not bring it to the door of the tent of meeting, to sacrifice it to Jehovah, that man shall be cut off from his people. 1 U When ye offer a sacrifice of peace-offerings to Jehovah, ye shall offer rificiaf" ■' s " ,M:| ' ve mav he accepted. 6 It shall be eaten the same day ye offer it or food on (} le following day: and if any of it remain until the third day, it shall be burnt with fire. "And if it be eaten at all on the third day, it is refuse; it -hall not be accepted: 8 but every one who eateth it shall be held guilty, because he hath profaned Jehovah's holy thing, and that person shall be cut off from his people. ..17 The llcli. repeats, thai they may bring. k Lev. 17 7 Cf. Is. 13'-'. :U", II Chr. II 15 where they figure as demon.- living in lonely places. 214 THE EATING OF Ml. AT [Lev.22 w Holiness Code 22 10 No laymen 1 shall eal <»f the holy thing;™ a s«-tt l»-r residing with the r priest or a hired servant shall not eal of thai which is holy. "Hut a bL whom a priest buyeth for money, shall eal of it. and such as are born in ! house, may eat of his bread. '-And if a priest's daughter Ik- married to a lay- man, she shall not eat of the special gifts of the holy things. ' 'lint if a pri. daughter be a widow, or divorced, and have n<> child, and hath returned to her father's house, as in her youth, she may eal of her father's bread; but no layman may eat of it. ' 'And if a man eat of the holy thing inadvertently, he shall add a fifth part to it, and shall give the holy thing to the priest. 1 "'The priests also shall not profane the holy things <>t' the Israelites, which they offer to Jehovah, "'so as to cause them to hear the iniquity that bringeth guilt, when they eat their holy things: I am Jehovah who sanctifieth them. Priestly Codes Lev. 7 '"'The flesh of any man's peace-offerings, which are presented a thanksgiving, shall he eaten on the day he offereth it. he shall leave none of it until morning. "'But if the sacrifice which he offereth !><• a votive fo offering or a voluntary-offering, it shall he eaten on the day that 1 ffereth his sacrifice; and on the following day that which r.maineth of it ma\ be eaten; 17 but that which yet remaineth of the flesh of the sacrifice on the third day musl he burnt with fire. l8 If any of the flesh of the sacrifice of his peace-offerings he eaten on the third day." it shall not he accepted, neither shall it he credited to him who offereth it: it shall !><• refuse and the person who eateth of it shall he held guilty. II CAUSES AND PURIFICATION < »l < EREMONIAL UNCLEANN1 SS § 179. Loathsome Diseases, Dt. 24», Lev. -'-' . IS, It - . IS [10-18. 2ft-M f X„. Devteronomic I 'odes Dt. 24 s Take heed in the plague of leprosy, that thou carefnlh observe and do just as the priests the Levites -hall instruct yon; a- I commanded them, so shall ye take heed to do. ^ l, v 22 10 Lit., one not belonging to thi pi erf s family. ... Lev 22'° / e. the pari of the Bacrificial offering which had fiml • '^v:": 1 ^' i,"; ';;,:;:, ,'!r,!::;;;;!v .,, W! ,. -, danger .* i T .„.i» K ,, r ,. *»thw In kee inu with their usual method, the later priests guarded against thu I l^nethe decision to the individual offerer, but bj fixing a defin Causes and Purification of Ceremonial Uncleanne. ^^fedTofr^ajTepl^yVB* I in Pate.**. (1) < 2 I 5 Lev. 22 4a ] CEREMONIAL UNCLEANNESS Holiness Code Priest Lev. 22 lu No one of the descendants of Aaron who is a leper, or hath .Ju di- a discharge may eat of the holy things until he become clean. fled Prirst/i/ Codes Inves- Lev. 13 * Jehovah gave this command to Moses and Aaron, 2 When a tion of man shall have in his skin a rising, or an eruption or a bright spot, and it teproay income in his skin the mark a of leprosy, then he shall be brought to Aaron priest the priest, or to one of his sons the priests, 3 and the priest shall look at the plague in his skin; and if the hair in the plague be turned white, and the plague be seen to be deeper than his skin, it is the plague of leprosy; and the priest shall look at him, and pronounce him unclean. 4 But if the bright spot in his skin be white and be seen to be no deeper than the skin, and the hair be not turned white, then the priest shall confine him who hath the plague seven days; 5 and the priest shall look at him the seventh day, and if in his eyes the plague be stayed and hath not spread in the skin, then the priest shall confine him seven days more; 6 and the priest shall look at him again the seventh day; and if the plague be dim, and hath not spread in the skin, the priest shall pronounce him clean, it is an eruption; and he shall wash his clothes, and be clean. 7 But if the eruption spread in the skin, after he hath showed himself to the priest for his cleansing, he shall show himself to the priest again, 8 and the priest shall look; and if the eruption hath spread in the skin, the priest shall pronounce him unclean, it is leprosy. Real 9 When the plague of leprosy is in a man, then he shall be brought to the white priest; 10 and the priest shall look; and, if there be a white rising in the skin, leprosy ant | j^ have turned the hair white, and there be a raw, open sore in the rising, n it is an old leprosy in his skin and the priest shall pronounce him unclean; he shall not confine him, for he is unclean. 12 And if the leprosy break out in the skin, and the leprosy cover all the skin of him iclio hath the plague, from his head even to his feet, as far as the priest can see; 13 then the priest shall look; and if the leprosy have covered all his flesh, he shall pronounce him clean %vho hath the plague; it is all turned white ; b he is clean. 14 But whenever raw flesh appeareth on him, he shall be unclean. 15 And the priest shall look on the raw flesh, and pronounce him unclean; the raw flesh is unclean; it is which first attacks the extremities with the result that the fingers and toes fall off at the joints. The limbs also gradually lose all sense of feeling as the disease gradually advances. Under proper care the malady may be kept partially in control and its victims have been known to live to an advanced age. More repulsive and malignant and common is the second type of leprosy, the-, tubercular elephantiasis, which first takes the form of red patches that later develop tubercles which in time ulcerate and eat far down into the flesh. The face and limbs swell, the eyes and tongue become affected and, at the end of about ten years, vital organs are attacked by the i -e and death ensues. This is the form of leprosy referred to in Job 2". 8 , 7 5 ' I5 , 10"' and is one of the must horrible and incurable of maladies. With these types of true leprosy the He- brews associated certain skin diseases, as for example, white leprosy, which took the form of white scales that often extended over most of the body and then gradually peeled off and dis- appeared, when the disease had run its course. Certain kinds of mould or fungus growth in garments and houses were also, because of the points of similarity, classified with human leprosy. " Lev. 13 2 Lit., the mark left by a stroke. RV., plague. It is the mark left by some malign disease like leprosy. b Lev. 13 13 Evidently the disease is the white leprosy, which in time left the patient well and sound. 216 LOATHSOME DISEASES [Lev. 19 Priestly Codes leprosy. 16 Or if the raw flesh change again, :mr a bright, reddish-white si then it shall be shown to the priest, -"and the priesl shall look; and if the spot be seen to be lower than the skin, and the hair be turned white, then the priest shall pronounce him unclean; it is the plague of leprosy, it hath broken out in the boil. -'But if the priesl look at it, and there be no white hairs in it and it be no lower than the skin, but be dim, then the priesl shall confine him seven days; 22 and if it be then spread in the .-kin. the priesl shall pronounce him unclean; it is a plague. 23 Bul if the brighl spol stay in its place, and be not spread, it is the scar of the boil; and the priesl shall pro- nounce him clean. 24 Or when the flesh hath in the skin a burn caused by fire, and the -ore .if v the burn become a bright spot, reddish-white or white, -'then the priesl shall " ; look at it; and if the hair in the bright spot be turned white, and it appear to be deeper than the skin, it is leprosy that hath broken out in tin- burn, and the priest shall pronounce him unclean; it is the mark of lepi but if the priest look at it, and there be no white hair in the bright spot, and it be no lower than the skin, but be dim, then the priesl shall confine him seven days, 27 and the priest shall look at him the seventh da} ; if it be then spread in the skin, the priest shall pronounce him unclean; it i- the mark of lepras} . 28 But if the bright spot stay in its place, and he not spread in the skin, hut be dim, it is the rising of the burn, and the priesl shall pronounce him (lean. for it is the scar of the burn. 29 And when a man or woman hath a mark on the head or on the beard, - 30 the priest shall look at the mark; and if it appear to be deeper than the skin, .and there be in it thin yellow hair, flu- priesl shall pronounce him un ' " ' clean; it is a scall, c it is leprosy of the head or beard. 81 And if the priesl look on the mark of the scall, and it appear to be no deeper than the -kin. and there be no black hair in it, the priesl shall confine him who hath the mark of the scall seven days; 32 and on the seventh da} the priesl -hall look at the mark, and if the scall be not spread, and there be no yellov hair in it. and the scall appear to be no deeper than the skin, ;; ; h«- shall shave himself, but the scall shall he not shave; and the priesl shall confine him who Ihitli the scall seven days more; :i, and on the seventh da} the priesl shall look at the scall, and if the scall be not spread in the skin, ami appear to be no deeper than the skin, the priest shall pronounce him clean; and he -hall wash hlfl clothes, and be clean. :if 'But if the scall spread in the -kin after hi- clean-ing. 3G the priest shall look ai him, and if the scall be Bpread in the -kin. the priesl need not look lor the yellow hair; he i- unclean. 7 But if in hi- eyes the Lev. 13 M Probabb :i ,i: ^17 Lev. 13 37 ] CEREMONIAL UNCLEANNESS Priestly t 'otic* scall be staved, and black hair be grown up in it, the scall is healed; he is clean, and the priest shall pronounce him clean. a 38 And when a man or a woman hath in the skin bright spots, bright white tetter spots, 39 the priest shall look; and if the bright spots in the skin be of a dull white, it is a tetter, it hath broken out in the skin; he is clean. Mark '"And if a man lose his hair from his head, he is bald; yet he is clean. bSid "And if his hair be fallen off from the front part of his head, he is forehead- spot bald; yet he is clean. 42 But if there be on the bald head, or the bald fore- head, a reddish-white mark, it is leprosy breaking out on his bald head, or his bald forehead. 43 Then the priest shall look upon him, and if the rising caused by the mark be reddish- white on his bald head, or on his bald fore- head, like the appearance of leprosy in the skin, ^he is a leprous man, he is unclean; the priest shall pronounce him unclean; his plague is on his head. Obliga- 4o And when a leper hath the mark of leprosy upon him, his clothes shall be lepers rent, and the hair of his head shall go loose, and he shall cover his upper lip, and cry. Unclean ! unclean ! d 46 A11 the days during which the mark is upon him he shall be unclean; and since he is unclean, he shall dwell alone; his dwelling shall be outside the camp. Lep- 4 ' When the mark of leprosy is in a garment, whether it be a woolen garment, spread- or a linen garment; 48 whether it be in the warp, or in the woof, of linen or of ing in a woo ] either in a skin, or in anything: made of skin; 49 if the mark be greenish gar- . . . . ment or reddish in the garment, or in the skin, or in the warp, or in the woof, or in anything of skin, it is the mark of leprosy, and shall be shown to the priest. 50 And the priest shall look Upon the mark and shut up tliat which hath the mark seven days : 51 and he shall look on the mark on the seventh day; if the mark be spread in the garment, either in the warp, or in the woof, or in the skin, whatever be the purpose for which skin is used, the mark is that of malignant leprosy; it is unclean. 5 -And he shall burn the garment, or the warp or the woof, whether it be of wool or of linen, or anything of skin, in which the mark is; for it is a malignant leprosy; it shall be burnt in the fire. Per- 53 And if the priest shall look, and the mark be not spread in the garment. marks either in the warp, or in the woof, or in anything of skin, 54 the priest shall command that they wash the thing in which the plague is, and he shall shut it up seven days more: 55 and the priest shall look, after the mark is washed; and if the mark have not changed its color, and the mark be not spread, it is unclean; thou shalt burn it in the fire; it is malignant, whether the bareness be within or without. Disap- 56 Bu1 if the priest look, and the mark be dim after it hath been washed, marks he shall tear it out of the garment, or out of the skin, or out of the warp, or out of the woof; 57 and if it still appear in the garment, either in the warp, or in the woof, or in anything of skin, it is breaking out; thou shalt burn with fire that in which the mark is. 58 But if the mark disappear from the gar- ment, either from the warp or the woof, or whatever thing of skin it be, d Lev. 13 45 /. e., he shall assume the garb and role of a mourner. 218 LOATHSOME DISEASES [Lev. 13 Priestly Codes when thou hast washed it, it shall be washed a 9econd time, and shall be clean. 59 This is the law of the mark of leprosy in a garment of wool or linen, either in the warp, or the woof , or anything of skin, to determine when to pro- nounce it clean, or to pronounce it unclean. ssjehovah said to Moses and Aaron," »«When ye have come into the land of I Canaan, which 1 give to you as a possi -mum, and I put the mark of leprosj on a I in the land of your possession; »«then hewho owneth the house shall i the priest: 'There seemeth to me to be a kind of mark in my houa shall command the house to be elliptic, 1 before he goeth in to examine the mark so that all that is in the house be nut made unclean; and afterward the priest shall go in to examine the house; 3"and he shall look at the mark; and it" the mark on the walls of the house be in greenish or reddish patch.- which appear to be deeper than the surface of the wall, '«the priest shall go out to the door of the house, and shut up the house seven days. ■'And the priest .-hall come the seventh day and shall look; and if the mark be Bpread in the walls of the house, "the priest shall command that they take out the Btones in which the mark is, and cast them into an unclean place outside the city. "Then he shall cause the house to be scraped throughout inside, and they shall pour out the mortar, that they scrape off, outside the city into an unclean place; "*and shall take other stones, and put them in the place of thus,, stones; and he shall take other mortar, and shall plaster the house. "And if the mark break out again in the house, after he hath taken out I stones, and after he hath scraped the house, and after it is plasten shall come in and look; and if the mark be Bpread in the house, it is a malignant leprosy in the house; it is unclean. 'And he shall break down the house, il and its timber, and all the mortar of the house; and he shall carry them out of the city to an unclean place. "Moreover he who goeth into the house during the time that it is shut up shall be unclean until evening. "And he who sleepeth in the house shall wash his clothes; and he who eatcth in the house -hall wash hi- dol 48 But if the priest come in, and look, and find that the mark hath Dot spread ' in the house, after the house was plastered; he shall pronounce the house cli because the mark hath disappeared. "And he shall take to cleanse the I two bird-, with cedar wood and scarlet, and hyssop: ''and he shall kill f the j n * OIa birds in an earthen vessel over running water: 'and he -hall take the cedar \v< and the hyssop, and the scarlet, and the Living bird, and dip them in the blood ol the slain bird, and in the running water, and sprinkle the house seven tin ■ he shall cleanse the huuse with llie blood of the bird, and with the running water, and with the living bird, and with the cedar wood, and with the hyssop, and with the scarlet; "but he shall let the Living bird go out of the city into the open field; so he shall make atonement for the house, and it shall l>c clean. 14 Jehovah gave this command to Moses: -This shall be the law of the Ritual leper in the day when he is cleansed; he shall l>r brought to the priest; 3 and the priest shall go out of the camp; and the priest shall look ; and if the mark of leprosy be healed in the leper, 'the priest shall command to lake for him who is to be flea used two living clean birds, cedar wood, scarlet, and h\ --op: 5 and the priest shall command to kill one of the bird- in an earthen vessel over running water. 6 He shall then take the living bird, the cedar wood, the scarlet, and the hyssop, and shall dip them and the living bird in the blood of the bird that was killed over the running water: 'and the blood lie -hall sprinkle seven times upon him who i- to be cleansed from the leprosy, ami shall pronounce him clean, and shall set free the living bird in the open field. 8 And he who is to be cleansed shall wash hi- clothe-, and shave oil all Lev. 14 33 - 53 The contents, as well a- the colophon in ' ' r . indicate thai I at the close of 1H 7 . While it doul uncient ritual, its I allusions to the rite of atonement, \ indicate that it u a late addition. 219 Lev. 148] CEREMONIAL UNCLEANNESS Priestly Codes his hair, and bathe himself in water; and he shall be clean; and after that he shall come into the camp, but shall dwell outside his tent seven days. 9 And on the seventh day he shall shave off all the hair of his head and his beard and his eyebrows, even all his hair he shall shave off, and he shall wash his clothes, and shall bathe his flesh in water; then he shall be clean. Com- '"And on the eighth day he shall take two male lambs without blemish, oAhe" and one ewe-lamb a year old without blemish, and as a cereal-offering three- Seans- ^ t>n ^ ls °f an ephah of fine meal mixed with oil, and one log f of oil. n And ing the priest who cleanseth him shall set the man who is to be cleansed and these things before Jehovah, at the entrance of the tent of meeting. 12 And the priest shall take one of the male lambs, and offer it with the log of oil as a guilt-offering, and wave them as a wave-offering before Jehovah; 13 then he shall kill the male lamb in the place where they kill the sin-offering and the burnt-offering in the place of the sanctuary; for the guilt-offering like the sin-offering belongeth to the priest; it is most holy. 14 And the priest shall take some of the blood of the guilt-offering, and shall put it on the tip of the right ear of him who is to be cleansed, and on the thumb of his right hand, and on the great toe of his right foot. 15 And the priest shall take some of the log of oil, and pour it into the palm of his own left hand; 16 and the priest shall dip his right finger in the oil that is in his left hand, and shall sprinkle some of the oil with his finger seven times before Jehovah. 17 And of the rest of the oil that is in his hand the priest shall put some on the tip of the right ear of him who is to be cleansed, and on the thumb of his right hand, and on the great toe of his right foot, and upon the blood of the guilt-offering; 18 and the rest of the oil that is in the priest's hand he shall put on the head of him who is to be cleansed. Thus the priest shall make atonement for him before Jehovah. 19 And the priest shall offer the sin-offering, and make atone- ment for him who is to be cleansed because of his uncleanness; and after- ward he shall kill the burnt -offering; 20 and the priest shall offer the burnt- offering and the cereal-offering upon the altar. Thus the priest shall make atonement for him, and he shall be clean. Offer- 21 And if he be poor, and his means are not sufficient for this, he shall take one rite in male lamb as a guilt-offering to be waved, to make atonement for him, and case of one -tenth of an ephah of fine meal mixed with oil as a cereal-offering, and a a poor log of oil, 22 and two turtle-doves, or two young pigeons, such as his means permit; and the one shall be a sin-offering, and the other a burnt-offering. 23 And on the eighth day he shall bring them for his cleansing to the priest, at the entrance of the tent of meeting, before Jehovah; 24 and the priest shall take the lamb of the guilt-offering, and the log of oil, and the priest shall wave them as a wave-offering before Jehovah. 25 And he shall kill the lamb of the guilt-offering; and the priest shall take some of the blood of the guilt- offering, and put it on the tip of the right ear of him who is to be cleansed, and on the thumb of his right hand, and on the great toe of his right foot. 26 And the priest shall pour some of the oil into the palm of his own left hand ; ' Lev. 14 10 According to the Rabbis the log was one-twelfth of a hin, i. e., about five- sixths of a pint. 220 LOATHSOME DISEASES [Lev. 14 Priestly Codes 27 andthe priest shall sprinkle with his right finger some <>f the oil tli.it is in his left hand seven times before Jehovah; -\md the priest shall put some of the oil that is in his hand on the tip of the right ear of him \\ ho is to 1»- cleansed, and on the thumb of his right hand, and OD the gnat toe <>f his right foot, and on the place of the blood of the guilt-offering; M and the rest of the oil that is in the priest's hand he shall put <>n the head of him who is to be cleansed, to make atonement for him before Jehovah. '"And he shall offer m f the turtle-doves, or of the young pigeons, as his means permit,* 31 the one as a sin-offering, and the other as a burnt-offering, with the cereal-offering; and the priest shall make atonement for him who is to be cleansed before J< hovah. 32 This is the law of him on whom is the mark of leprosy, whose means do not permit him to bring tin- regular sacrifices for his cleansing. 54 This is the law for every kind of mark of leprosy, and for a scall, "and Colo- for the leprosy of a garment and of a house, '''and for a rising, and lor a BCab, ' ' and for a bright spot, °'to show when each is unclean, and when it is clean; this is the law of leprosy. 15 2b \Vhen any man hath a discharge from his body," his discharge is Chronic unclean; 3 and his uncleanness shall continue as long as he hath the dis charge; whether the discharge continue or be stopped so that no discharge appeareth, he is in a state of uncleanness. 13 And when he who hath a discharge is cleansed of his discharge, he -hall i count seven days for his cleansing, and wash his clothes; and he shall bathe his body in running water, and become clean. 14 And on the eighth da) he shall take two turtle-doves, or two young pigeons, and conic before Jehovah at the entrance of the tent of meeting, and give them to the priest ; ' 'and the priest shall offer them, the one as a sin-offering, and the other as a liurnt- offering; and the priest shall make atonement for him before Jehovah for his discharge. 1 § 180. Childbirth, Lev. I-"" Priestly Codes Lev. 12 'Jehovah gave this command to M - •», Nu. 19"- 2 '. "- 13 , 31 1 ' Deuteronomic Codes Dis- Dt. 21 22 If a man have committed a sin deserving of death, and he be ofbodv put to death, and thou hang him on a tree, 1 23 his body shall not remain all of capi- night upon the tree, but thou shalt surely bury him the same day, for he that fender is hanged is accursed of God, that thou defile not thy land which Jehovah thy God is about to give thee as an inheritance. Rite in *If one be found slain in the land which Jehovah thy God is about to give imdf - f thee as a possession, lying in the open field, and it be not known who hath tected smitten him, 2 then thy elders and thy judges shall come out, and they shall measure the distance to the cities round about the one who is slain: 3 and the elders of the city which is nearest to the slain man shall take from the herd a heifer which hath done no work" 1 nor drawn in the yoke; 4 and the elders of that city shall bring down the heifer to a valley with running water, which hath been neither plowed nor sown, and shall break the heifer's neck there in the valley. 5 And the priests the sons of Levi shall come near; for them Jehovah thy God hath chosen to minister to him and to bless in the name of Jehovah, and every controversy and every blow shall be according to their sentence. Holiness Code Peril m l Lev. 2 2 4b If any man touch a thing that hath been made unclean by a dead Hie- body, 6a the person who toucheth any such thing shall be unclean until evening, ment J Lev. 12 s This was because it was widely held in antiquity that the abnormal puerperal conditions lasted longest after the birth of a girl. k Lev. 12 8 This vs. appears to be a later addition, since it follows the colophon in 7 . The evidence, however, is not decisive. § 181 The belief that a murdered man's blood defiled a land or people, until proper atone- ment was made, is an inheritance from earliest times. The rite in Dt. 21 1-5 is doubtless very ancient. The priests do not appear to have participated in the ceremony, but are simply present to lend their religious sanction. In the priestly codes any contact with a corpse or with anything that has touched it means ceremonial defilement. 1 Dt. 21 22 I. e., as a solemn warning to all evil-minded members of the community. m Dt. 21 3 Lit., which hath not been wrought with. 222 CONTACT WITH THE DEAD [Nu. 19" Priestly Codes Nu. 19 14 This is the law when any man dieth in ;i tent : Every one who Period cometh into the tent and every one who is in the tent shall be unclean seven '^ u . ,,f days. 15 And every open vessel which hath n<> covering tied over it is unclean. P unl >- 16 And whoever in the open field toucheth any one who has been slain with after a sword, or a dead body, or a bone of a man, or a grave, shall be unclean seven days. 17 And lor the one who is unclean they shall take of the ashes ^'< h of the burning of the sin-offering: and running" water .shall he added to it in a vessel; l8 and a man ceremonially clean shall take hyssop, and dip it in the water, and sprinkle it over the tent and over all the vessels, and over tin- persons who were there, and over him who touched the bone, or the slain, or the dead, or the grave; 19 and the one who is ceremonially clean shall sprinkle it qver the one who is unclean both on the third day and on the seventh day; and on the seventh day he shall purify him; and he shall wash his clothe-. and bathe himself in water, and shall be clean in the evening. 20 But the man who is unclean and doth not purity himself shall be cul Pen- off from the midst of the assembly, because he hath defiled the sanctuarj of Jehovah; the water of impurity hath not been sprinkled over him: he is / unclean. 21 And it shall beaperpetual statute to them: and he who sprinkleth law the water of impurity shall wash his clothes; and he who toucheth the water of impurity shall be unclean until evening. Supplemental Priestly Codes Nu. 19 "He who toucheth the dead, even any human corpse shall be i unclean seven days; 12 he must purity himself therewith on the third da; and on the seventh day, and so become clean ;" but if he do not purify himself !: on the third day, he shall not become clean. l3 Whoever toucheth a dead person, the corpse of any man that may have died, and doth not purify him self, defileth the dwelling of Jehovah; and that one shall he cul off from Israel, because the water of impurity was not sprinkled over him: he shall be unclean; his uncleanness is yet upon him. 31 19 Encamp outside the camp seven days: whoever hath killed any person, and whoever hath touched any slain, purify yourselves on the third day, and on the seventh day you and your captives. § 182. The Carcasses of Animals, Lev. 5», 11 s - "-»■ *■ Priestly Codes Lev. 5 2 If any one touch any unclean thing, either the carcass of an un I clean beast, or the carcass of an unclean domestic animal, or the carcass ol an unclean swarming creature, and the fact be hidden from him, and he be unclean, he shall be guilty. 11 »Of the flesh of swine ye shall not eat, and their carcasses ye -hall uo touch; they are unclean to you. » Nu. 19 16 /. e.. spring water, cf. Gen. 26", Zech. I I". Lev. 1 I >v ". ojiu. l!) 1 - Si) the *.lv- and Syr. 223 Lev. II- 4 ] CEREMONIAL UNCLEANNESS Supplemental Priestly Codes Means Lev. 11 24 By all kinds of unclean beasts and birds and swarming crea- ['",'[,„! hires ye shall become unclean; whoever toucheth their carcasses shall be ? f 5 o1 " unclean until evening; 25 and whoever carrieth the carcass of any of them shall wash his clothes and be unclean until evening. 26 Every beast which parteth the hoof, but cleaveth not the cleft of the foot nor cheweth the cud, is unclean to you; every one who toucheth them shall be unclean. 27 And whatever goeth upon its paws, of all beasts that go on all fours, is unclean to you; whoever toucheth the carcass of any of them shall be unclean until evening. 28 And he who carrieth the carcass of any of them shall wash his clothes and be unclean until evening; they are unclean to you. 29b The weasel, the mouse, the great lizard after its kind, 30 the gecko, the land- crocodile, and the chameleon, 31 these are they which are unclean to you among all swarming creatures; whoever toucheth them, when they are dead shall be unclean until evening. Cleans- 32 And everything upon which any of them, when it is dead, doth fall, objects shall be unclean; whether it be a wooden vessel, or clothing, or a skin, or a ed by" Si,c ^' whatever vessel it be, with which any work is done, it must be put into swarm- water, and it shall be unclean until the evening; then it shall be clean. 33 And crea if any of them fall into an earthen vessel, whatever is in it shall be unclean, tures anc [ t j le vesse i itself ye shall break. 34 A11 food in it which may be eaten, which is prepared with water, shall be unclean; and any liquid which may be drunk out of any such vessel shall be unclean. 35 And everything on which the carcass of any of these creatures falleth shall be unclean; whether oven or chaffing pot, it shall be broken in pieces; they are unclean and shall be unclean to you. 36 Nevertheless a fountain or a cistern in which water is collected shall be clean, but that which toucheth their carcass shall be unclean. 3 'And if the carcass of any of these fall upon any seed grain which is to be sown, it is clean. 38 But if water be put upon the seed, and the carcass of any of these fall upon it, it is unclean to you. Car- 39 And if any animal, the flesh of which ye may eat, die, he who toucheth its of clean carcass shall be unclean until evening. 40 And he who eateth of the carcass animals must was } 1 jjjg dothes, and be unclean until evening; he also who carrieth the carcass shall wash his clothes and shall be unclean until evening. p § 183. With Persons or Things Ceremonially Unclean, Nu. \Q--, Lev. 5 3 [15™] Priestly Codes Conta- Nu. 19 22 Whatever a person ceremonially unclean toucheth shall be un-" " unclean; and the one who toucheth it shall be unclean until evening. clean- p Lev. 11 3 9. i0 These vss. probably contain the earlier law which has been expanded in the preceding vss. § 183 A natural aversion, which was felt toward that which was revolting to the senses, is undoubtedly the basis of these as well as many other ceremonial laws. Lev. 15 develops this principle in detail. Persons of either sex afflicted with normal, abnormal or chronic discharges were regarded as unclean and capable of imparting ceremonial pollution to everything or everyone with which they came into direct contact. All imparted ceremonial impurity which re- quired thorough washing and bathing, and meant uncleanness, at least until sunset. 224 ness CONTACT WITB THINGS I N< LEAN [Lei Priestly Codex Lev. 5 3 If one touch the uncleanness of man, whatever it he. ami the fact be hid from liiin, when he knoweth of it, he -.hall be guilty. § 184. With Spoils of War, Nu. SI Supplemental Priestly Codes Nu. .'Jl - i] ()j tlw spoils nj war every garmenl ami all that i- made <>f -.kin. i and all work of goats' hair, ami all things made of u I. ye -hall purify. -'And Eleazar the priesl said to all the warriors who went to the battle, B This is the statute of the law which Jehovah hath commanded Mo* - < i' the gold, the silver, the brass, the iron, the tin. and the lead ^everything that may he put into the fire—ye shall put through the fin-, that it may be clean; it shall surely be purified by means of the water of impurity; and all that cannot be put into the fire ye shall put through the water. -'And ye shall wash your clothes on the seventh day ami shall he clean, and afterwards ye shall come into the camp.' § 18.5. Special Laws Governing the Nazirites, Nu. 6 Priest/;/ Codes Nu. 6 'Jehovah pave ihis command t.. Mi ik to the Israelites and i say to them, 'When any man or a woman shall make a special vow, the vow of a Nazirite, to separate himself to .lehovah. :; he shall separate himself from wine and strong drink; he shall drink no vinegar of w inc. or vinegar of strong drink, neither shall he drink any drink of grapes, nor eat fresh or dried grapes. 4 A11 the days of his separation he shall eat nothing that is home by the grape- vine, not even the unripe grapes or tendrils. i § 184 In this very late traditional precedent, associated with the war with thi tho later Jewish belief that everything thai had been touched by heathen bands was unclean assumes binding legal form. . ,. ■ r__ * is. - ) 'the word Vazirite means. ,,,,,■ separated or one who separate* ■-. irona ain ordinary practices. The Nazirite was also separated to Jet iA, that . w h selves hi ini'ir ■;in , iii>, m i_i luuoc ..■..•.■■. .. , second appear to have been byfar the most common. The lawol Nu. 6 contemplates only the km only for Hot allowed to BOW or to Ml mil iruiene K |u.oo- . ., .■• . ■• Sic. xix, 94». sin,,]:,,- restrictions were laid upon the ftecahttes, wb havoc he the older nomadic ideals. Jer. 35«. '. Am - with the i mph Hv Tehova!, to teach his people \m. J M ' Self-denial and devotion to '• So'SSSl idea^lnherent' Me : lent bu tion For -I ? mew hat s.nn n, . concerning the priesl , cf g 164, 170. I h. ba the law regard ne • , 0"^ r ; l . , X an early priestlj direction which has many pomto of kmshin with the ■I Nu. <;' RV, fro»i the kernels even to thi husk. rhe Hen. i oownsn jn the O.T. and the exact meaning is uncertain. 225 Nu. 6 5 ] CEREMONIAL UNCLEANNESS Priestly Codes To "'All the days of his vow of separation no razor shall pass over his head; r hairun- until the completion of the days which he separated himself to Jehovah, cut he shall be holy; he shall let the locks of the hair on his head grow long. Not to 6 A11 the days that he separateth himself to Jehovah he shall not come the Ch near a dead body. 7 He shall not make himself unclean for his father or dead his mother, for his brother or his sister, when they die, because his separa- tion to God is upon his head. 8 A11 the days of his separation he is holy to Jehovah. Pro- 9 And if any man die very suddenly beside him, and he defile the head iflcci- th us separated, the Nazirite shall shave his head on the day of his cleansing, dental- on the seventh day shall he shave it. s 10 And on the eighth day he shall filed bring two turtle-doves or two young pigeons, to the priest, at the entrance of the tent of meeting: n and the priest shall offer one as a sin-offering, and the other as a burnt-offering, and make atonement for him, for he hath sinned by coming into contact with the dead; thus he shall hallow his head that same day. 12 And he shall separate to Jehovah the days of his separa- tion,* and shall bring a male lamb a year old as a trespass-offering; but the preceding days shall not count, because his separation was defiled.' F The Law of Circumcision § 186. Origin and Requirements, Gen. 17 914 , 21*. Lev. 12 3 , Ex. 12« Priestly Codes Divine Gen. 17 9 God said to Abraham, As for thee, thou shalt keep my cove- mand nant, thou, and thy descendants after thee throughout their generations. to the . — — ' Nu. 6 5 /. e., shall not even be trimmed, cf. Judg. 13 5 , 16 17 , I Sam. I 11 . 8 Nu. 6 9 According to the Mishna, Temurah, vii, 4, the hair thus cut off was to be buried, because unclean. ' Nu. 6 12 /. e., he shall observe his vow the full time original 1 y agreed upon. § 186 The rite of circumcision was generally in force among western Semites. Herodotus asserts that they adopted it from the Egyptians, II, 36, 204. An intuitional appreciation of its hygienic importance, especially in hot tropical countries, may lie at the root of the insti- tution, but more probably it is a survival from the phallic worship that was widely extended in antiquity and still survives in portions of the far East to-day. It is certainly safe to say that circumcision was originally regarded as a religious rite. The peculiar story in Ex. 4 24 ' 26 connects the institution with Moses. It is his Kenite wife, however, who circumcised their son to deliver Moses from the wrath of Jehovah. The implication is that the custom was already in vogue among the Kenites. The priestly traditions represent it as revealed to Abraham and imposed upon all his descendants as a symbol of cleansing and consecration to Jehovah, and of the sacred covenant between God and his people. Closely connected with its religious origin was its early significance as a tribal and national mark. This meaning of the rite was strongly emphasized as distinctive by later Judaism, although the term uncircumcised Philistines implies the recognition by the biblical writers of the fact that, with this exception, the other peoples of Palestine, as well as the Hebrews, practiced circumcision. The expression bridegroom of blood in Ex. 4 25 and the tradition in Josh. 5 2 ' 3 ' 8 - 9 sug- gest that with the Israelites in the earlier periods, as among the ancient Arabs, circumcision did not, take place until adolescence or young manhood was reached. It was then the symbol of the admission of a youth to full marital, tribal, and religious rights. Only in later periods was it transferred to infancy, perhaps that the child from its earliest years might thus be placed 226 THE LAW OF CIRCUMCISION [Gen. it 1 " Priestly Codes 10 This is my covenant, which ye shall keep, between me and you and thy descendants after thee : every male among you shall be circumcised. "When- ever ye are circumcised, the flesh of your foreskin shall be a sign of a cov- enant between me and you. 12 And every male when he is eighl days thing •mne-.r-ince of the monarchy, with Ih. -.run,, ;, ol Jerusalem m ooo b . .. u» .... i--i- f t, i, K1 l their gats to the Divine King. The strong desire of the cm e- to win again t e favOT of Jdiovah also tended to multiply the numb, r o? .-acred dues, with the resul '•'-' under the priestly laws a very large proportfon of the income of every Israelite found E*> «■■'. " Timr^^^'A^ amPheru and Book was unrveBalh believed to be ,., It was appropriate, therefore" thai il should be given to Jehovah, pother illustration of the belief in the pre-eminence of the lirst-born is the law of primogeniture, of. 227 Ex. I.; 1 ] THE SACRED DUES Priestly Codes Ex. 13 l Jehovab gave lliis command to Moses: 2 Sanctify to me all the first-born, whatever openeth the womb among the Israelites, both of man ;iiid of beast: it is mine. Nil. 3 1J Jehovah spoke thus to Moses, 12 I have taken the Levites from stitute ;i" 10 "K the Israelites in the place of all the first-born that openeth the womb among the Israelites; 13 for all the first-born are mine; on the day that I smote all the first-born in the land of Egypt I consecrated to myself all the first-born in Israel, both man and beast; mine they shall be : I am Jehovah. ^Jehovah also gave this command to Moses : 45 Take the Levites in the place of all the first-born among the Israelites, and the cattle of the Levites in the place of their cattle; and the Levites shall be mine : I am Jehovah. Supplemental Priestly Codes Money- Nil. 3 46 And for the redemption of the two hundred and seventy-three i,'j,7 N ' of the first-born of the Israelites, who are over and above the number of the Levites, 47 thou shalt take five shekels 3, apiece according to the census; by the standard of the shekel of the sanctuary shalt thou take them (the shekel is twenty gerahs). 48 And thou shalt give the money, with which the odd number of them is redeemed, to Aaron and to his sons. 49 And Moses took the redemption-money from them who were over and above those who were redeemed by the Levites. 50 From the first-born of the Israelites he took the money, one thousand three hundred and sixty-five shekels, by the standard of the shekel of the sanctuary: 51 and Moses gave the redemption-money to Aaron and to his sons, according to the word of Jehovah, as Jehovah com- manded Moses. § 188. First-born of Flock and Herd, Ex. 34" b - 20 , 13 1113 *, 22 30 , Dt. 14 23 " 27 , 15 19 " 22 , Nu. 18 15 " ls [Lev. 27 26 - 27 ] Primitive Code Jeho- Ex. 34 19b All thy male cattle, the first-born of cow and sheep are mine. due S 20 And the firstling of an ass thou shalt redeem with a lamb; and if thou dost not wish to redeem it, then thou shalt break its neck. 13 n When Jehovah shall bring thee into the land of the Canaanites, as he promised by oath to thee and to thy fathers, and shall give it thee, 12 thou shalt set apart b to Jehovah all that openeth the womb; of all the first offsprings of beasts, which thou shalt have, the males shall belong to Jehovah. 13a And every first-born of an ass thou shalt redeem with a sheep; but if thou dost not wish to redeem it, then thou shalt break its neck. 22 30 Thou shalt give c to me the first-born of thine oxen, and thy sheep; seven days shall it be with its dam; on the eighth day thou shalt give it me. a Nu. 3 47 About three dollars or twelve shillings. § 188 This institution is firmly established in the earliest codes and dates from the no- madic period of Israel's history. The primitive Arabs also appear to have had it. 13 12 Lit., <•(/// se in pass over. c Ex. 22 30 Heb., Likewise shalt Uiou do. 228 FIRST-BORN OF FLOCK AND HERD [Dr. H 23 Deuteronomic Codes Dt. 14 ^Before Jehovah thy God, m the place in which he .-lull choose to i have liis name dwell, thou shalt eal the tithe of thy grain, of thy new wine, and of thine oil, and the first-born of thy herd and of thy flock, thai t li< >i i mayest M learn to fear Jehovah thy God always. -'And if the way be too long for thee, so that thou art not able to carry ii, because the place, where Jehovah thy God shall choose to set his name, is t<><> far from thee; when Jehovah thy God shall bless thee, 25 thou shall exchange thy offering for money, and shalt bind up the money in thy hand, and shall go to the place which Je- hovah thy God shall choose; -''and thou shall spend the money for whatever thou desireth, for oxen, or for sheep, or for wine, <>r for strong drink. <>r l'<>r whatever thine appetite craveth; and thou shalt cat there before Jehovah thy God, and thou shalt rejoice, together with thy household. "Thou shalt not forsake the Levite who is within thy city, for lie hath no portion nor inheritance with thee. 15 19 A11 the first-born males of thy herd and of thy flock thou shall con- I secrate to Jehovah thy God; thou shalt do do work with the first-born of thy !,| ; herd, nor shear the first-born of thy flock. -"Thou, together with th\ house- hold, shalt eat it before Jehovah thy God year l>y year in the place which Jehovah shall choose. 21 And if it have any blemish, such as lameness or blindness or any evil blemish whatever, thou shall not sacrifice it to Jehovah thy God. 22 Thou shalt eat it within thy gates; the unclean and the dean shall eat it alike, as the gazelle, and as the hart. Priestly Codes Nil. 18 '-"'Everything that opciieth the womb, of all flesh which they ■ offer to Jehovah, both of man and beasl shall be thine; only for the first-born of man thou shalt receive a rans and for the first-born of unclean beas thou shalt receive a ransom. "'At a month old thou shall receive it- ransom price according to thy valuation, the su I' five shekels, alter the shekel "I the sanctuary, which contains twenty gerahs. '"But for the first-born of a cow, or the first-born of a sheep, or the first-born of a goal, thou shalt not receive a ransom; they are holy: thou shalt dash their blood upon the altar. and shalt burn their fat as an offering made by lire a- an odor pleasing I" Jehovah. l8 Their flesh shall he thine; like the wave-breast and the nghl thigh, it shall he thine. § 189. Firstfnxits, Ex. 34 2 » [23 1 *], Dt. 18«, 26«-» Lev. 18 ,Nu. lo '. Lev. 2"-" 1' rim Hire Codes Ex. 3 I 26a The first of the firstfruita of thy ground thou -hall bring to i the house of .lehovah thy < rod. §189 It was natural that as the Hebrews passed over to the agricultu iW also Taring to Jehovah the first products of the field, as well as ol the herd the Canaanite I his institution was probablj m force Ion* before tl, Palestine. With the Babylonians vegetable offerings were m ft '•' •■ niula of Dt. 26, to be used whet fruits were pn en ted. is in pi B witn uu religious and didactic aims of the Deuteronomic lawi '."."I Dt. 18 4 ] the sacred dues Deutcronomic Codes Method Dt. 18 4 The firstfruits of thy grain, of thy new wine, and of thine oil, ritual an d the first of the fleece of thy sheep, shalt thou give to Jehovah, of pres- 26 x When thou shalt come into the land which Jehovah thy God is about tiuu to give thee as an inheritance, and shalt possess it, and dwell therein, 2 thou shalt take a part of the first of all the fruit of the ground, which thou shalt bring in from thy land that Jehovah thy God giveth thee; and thou shalt put it in a basket, and shalt go to the place in which Jehovah thy God shall choose to have his name dwell. 3 And thou shalt come to the priest who shall be officiating in those days, and say to him, I declare this day to Je- hovah thy God, that I have come to the land which Jehovah promised by oath to our fathers to give to us. 4 Then the priest shall take the basket out of thy hand, and set it down before the altar of Jehovah thy God. 5 And thou shalt speak out and say before Jehovah thy God, An Aramean d ready to perish was my father; and he went down into Egypt, and resided there as an alien, few in number; and he became there a nation, great, mighty, and populous. 6 And the Egyptians dealt evilly with us, and afflicted us, and laid upon us hard bondage. 7 Then we cried to Jehovah, the God of our fathers, and Jehovah heard our cry, and saw our affliction, and our toil, and our oppression; 8 and Jehovah brought us forth from Egypt with a strong hand, and with an outstretched arm, and with great terrors, and with signs, and with wonders; 9 and he hath brought us into this place, and hath given us this land, a land abounding in milk and honey. 10 Now, therefore, I have brought the first of the fruit of the ground, which thou, O Jehovah, hast given me. And thou shalt set it down before Jehovah thy God; n and thou shalt rejoice in all the good which Jehovah thy God hath given to thee and to thy household, together with the Levite and the alien who resideth in thy midst. Holiness Code Fruit Lev. 19 24 On the fourth year all the fruit of a young tree shall be holy, a praise-offering to Jehovah. First 23 10 Speak to the Israelites and say to them, When ye come into the land which I am about to give to you, and reap its harvest, ye shall bring the sheaf of the firstfruits of your harvest to the priest, n and he shall wave the sheaf before Jehovah that ye may be accepted; on the day following the sabbath the priest shall wave it. Priestly Codes First Nil. 15 17 .Tehovah gave this command to Moses: 18 Speak to the Israelites and say dough to them, ' When ye come into the land to which I am about to bring you, 19 and when ye eat of the bread of the land, ye shall offer up a special offering to Jehovah. 20 Of the first of your dough ye shall offer up a cake as a special offering; like the special offering from the threshing-floor, shall ye offer it. «»Dt. 26 s /. e., Jacob, cf. Gen. 24 10 . « 230 FIRSTFRUITS [Xr. IV 1 Priestly Codes 21 Of the first of your dough ye shall give to Jehovah a special offering throughout your generations.' 6 Supplementary Priestly Codes Lev. 2 14 If thou offer'a cereal-offering of first fruits to Jehovah, thou i shalt offer for the cereal-offering of thy firstfruits fresh grain in the ear, parched ',',',' ,', : ,'",.f with fire and crushed. l5 And thou shalt put oil on it. and lay frankini i on it; it is a cereal-offering. 16 And as a memorial of it the priesl shall burn *"' part of the crushed grain and part of the oil, with all tin- frankincense; it is an offering made by fire to Jehovah. § 190. Tithes, l')t. 14-"----, 26 12 "", \u. is , Lev 87»°- M Deuteronomic Codes Dt. 14 22 Of all the produce of thy seed thou shalt take a tenth of i all that groweth in the field each year, - :! and before Jehovah thy God, in the ' place in which he shall choose, to have his name dwell, thou shall ea1 the tithe of thy grain, of thy new wine, and of thine oil, am! the first-born of thy herd and of thy flock, that thou mayest learn to fear Jehovah thy God always. 24 And if the way be too long for thee, so that thou art not able to earn it, because the place which Jehovah thy God shall choose to sel his name, is too far from thee; when Jehovah thy God shall bless thee, -'thou -halt exchange thy offering for money, and shalt hind up the money in thy hand, and shalt go to the place which Jehovah thy God shall cl se; -'"'ami thou shalt spend the money for whatever thou desireth, for oxen, or lor Bheep, or for wine, or for strong drink, or for whatever thine appetite craveth; and thou shalt eat there before Jehovah thy God, and thou shalt rejoice together with thy household. 27 Also thou shalt not forget the Levite who dwelleth within thy town, for he hath no portion nor inheritance with thee. 26 12 When thou hast made an end of tithing all the tithe of th\ product in the third year, which is the year of tithing, then thou shall give it to the Levite, to the resident alien, to the fatherless, and to the widow, that the} e Nu. 15isb-2i This passage appears to have been taken from an earlier collection of priestly direetions. . § 190 The tithe, as a rate of taxation, was known among many earlj peoples, including the Babylonians (Jastrow, Relig. of Babs. ami Asxi/rs., I'.tisi. ihe I gyptiun " ul away the consecrated things out of my house, and have also given them i<> the Levite, and to the resident alien, to the fatherless and to the widow, just as thou hast commanded me; I have not transgressed any of thy commands, neither have I forgotten them : 14 I have not eaten it in my mourning,* neither have I put away any of it, while I was unclean, nor given of it for the dead; g I have hearkened to the voice of Jehovah my God; I have done just as thou hast commanded me. 15 Look down from thy holy habitation, from heaven, and bless thy people Israel, and the ground which thou hast given us, as thou promised by oath to our fathers, a land abounding in milk and honey. Priestly Codes Tithe Nu. 18 25 Jehovah gave this command to Moses, 26 Thou shalt speak tfthe 16 to the Levites, and say to them, 'When ye take from the Israelites the tithe for the which I have granted you from them as your inheritance, ye shall make a contribution from it to Jehovah, a tithe of the tithe. 27 And your contribu- tion shall be accredited to you, as though it were the grain of the threshing- floor, and as the full produce of the winepress. 28 Thus ye also shall make a contribution to Jehovah of all your tithes which ye receive of the Israelites; and out of them h ye shall give Jehovah's full contribution to Aaron the priest. 29 Out of all your gifts ye shall make the full contribution due to Jehovah, even the consecrated parts of these gifts, selecting it from the best of them.' 30 Therefore say to them, ' When ye have contributed from your gifts the best of them, the rest shall be reckoned to the Levites as the produce of the threshing-floor and of the winepress. 31 And ye may eat it anywhere, ye and your families; for it is your reward in return for your service in the tent of meeting. 32 When ye have contributed the best of your tithes, ye shall incur no guilt on account of it; and ye shall not profane the holy things of the Israelites, lest ye die.' Supplemental Priestly Codes ^ Tithe Lev. 27 30 A11 the tithe of the land, whether the seed of the land, or of herd 6 the fruit of the tree, belongeth to Jehovah; it is holy to Jehovah. 31 And if a | nd , man wish to redeem any of his tithe, he shall add to it the fifth part of it. 32 And all the tithe of the herd or the flock, the tenth of whatever passeth under the rod, 1 shall be holy to Jehovah. 33 The owner shall not look to see whether it is good or bad, nor shall he change it; and if he change it, both it and that for which it is changed shall be holy; it may not be redeemed. f Dt. 26 14 7. e., while ceremonially unclean. k Dt. 26 14 Probably referring to the custom of sending gifts of food to the relatives and friends of the dead, -f. II Sam. 3 35 , Jer. 16 7 , Ezek. 24 17 . Possibly the allusion is to the prac- tice of putting food on the grave, cf. Tobit 4 18 . b Nu. 18 2s I. e., the tithes. ' Lev. 27 32 /. e., is counted. 232 THE POLL TAX [Ex. 80" § 191. Poll Tax, Ex. :;o" 19 Supplemental Priestly Codes Ex. 30 ll Jehovah gave this command to Moses : l2 Wlien thou takes! the To i^ census of the Israelites according to their numbering, they shall give each a ransom for his life to Jehovah, when thou i iberesl them, thai no plag come upon them. l3 This is the sum that each shall give who passetfa over to those who are numbered, half a shekel according to the standard of the sanctuaryi (the shekel is twenty gerahs); hall' a shekel a^ an offering to Je- hovah. 14 Every one who passeth over to those who are numbered, from twenty years old and upward, shall present the offering of Jehovah. ' ■'Tin- rich shall not give more, and the poor shall not give less than the half shekel when they present the offering of Jehovah to make atonement for your lives. 16 And thou shah take the atonement money from tin- [sraelites aid shall give it for the service of the tent of meeting that it may he a memorial before Jehovah in behalf of the Israelites, to make atonement tor their 1 lives. § 192. Voluntary Offerings, Ex. 34-"*, 22 M * Dt 16 10 - '"• 1: [1-' I Primitive Codes Ex. 34 20c None shall appear before me empty handed. Ex. 22 29a Thou shalt not delay to oiler of thy harvest, and of the out- \Tm flow of thy presses. Deuteronomic Codes Dt. 16 10 Thou shalt keep the feast of weeks to Jehovah th\ Cod ac- I cording to the measure of the voluntary offering which thy hands shall pre sent, in proportion as Jehovah thy God blesseth thee. "Time time, in a ;;;_;!;;;, vear shall all thy males appear before Jehovah thy God in the place which he shall choose:' at the feast of unleavened bread, and at the feast of weeks, and at the feast of tabernacles; and they shall not appear before Jehovah empty-handed; 17 every man shall give as he is able, according to the indi- vidual gift with which' Jehovah thy God hath blessed thee. Holiness Code Lev. 22 "Jehovah gave this command to Rio es: "Speak to Aaron, and to his I sons, and to all the Israelites, and say to them, 'If any man of the houst ' _^_ §191 AcconlinK i- Neh. 10* 8 the annual temple taa consisted of rae-third of a ^Aekd The present law evident^ comes from a period later than the great reformation of 400 ..... This poll i.-.x, aboul thirty-three cents, ... the subsequent period m faithfully paid by all loval Jews and brought ...t.> the temple .-. verj large income. iEx30"i e fullweight tde] <»t of the current coins of Palestine, ' Ex. 30" Of. I 192 v'Vl..!, 1 , :!;;• glfte, depending upon the pre | , rosto of the individual i!;:„' „!.,„\ voluTtarS (rift £e7e^oubtless still brought to the sanotuary. 283 Lev. 22 18 ] THE SACRED DUES Holiness Code Israel, or of the aliens residing in Israel, bring his offering, whether it be any of the vows, or any of the voluntary offerings, which are brought to Jehovah as a burnt -offering; 19 in order that ye may be accepted, ye shall offer a male without blemish, of the bullocks, of the sheep, or of the goats. 20 But what- ever hath a blemish ye shall not offer, for it will not be accepted for you.' § 193. Things Vowed or Devoted, Dt. 23 21 - 23 - 18 , 12 26 , Nu. 30, 6"-«, Lev. 27 Deuteronomic Codes A tow Dt. 23 21 When thou vowest a vow to Jehovah thy God, thou shalt not 'i,',!,,'. delay to pay it; for Jehovah thy God will surely require it of thee and it will paid b e s j n on thy part. 22 But if thou refrain from making a vow, it shall be no sin on thy part. 23 That which thy lips have declared thou shalt faithfully do, according as thou hast vowed to Jehovah thy God, a voluntary offering, Not which thou hast promised by word of mouth. 18 Thou shalt not bring the iiuinur- hi re °f a harlot, or the wages of such a dog, into the temple of Jehovah thy al gain (; oc j f or a vow; for both these are an abomination to Jehovah thy God. At the 12 26 Thou shalt take the consecrated things which thou hast, and thy temp e vo ti ve _ ff er j n g S) ant j g to the place which Jehovah shall choose. Supplemental Priestly Codes A Nu. 30 1 Moses said to the heads of the tribes of the Israelites, This is v^ 8 the thing which Jehovah hath commanded : 2 ' When a man voweth a vow to Jehovah, or sweareth an oath to bind himself with a bond, he shall not break his word; he shall do just as he declared. Vow 3 Also when a woman maketh a vow to Jehovah and bindeth herself by a byan pledge, while she is still in her father's house, in her youth, 4 and her father unmar- heareth her vow, and her pledge with which she hath bound herself, and her daugh- father say nothing to her; then all her vows shall be valid, and every pledge with which she hath bound herself shall be valid. 5 But if her father express his disapproval of her on the day that he heareth, none of her vows, or of her pledges with which she hath bound herself, shall be valid; and Jehovah will forgive her, because her father expressed his disapproval of her. By a 6 And if she be married while her vows are upon her, or the rash utterance of her lips, with which she hath bound herself, 7 and her husband hear it, and § 193 The widespread Semitic custom of making vows is assumed by these laws. The classic O.T. example of a vow are, (1) that of Jephthah, Judg. ll 30ff , according to which he promised if Jehovah would give him the victory over his foes, to sacrifice the first one who came to meet him on his return; and (2) Saul's similar vow, which would have cost the life of his valiant son Jonathan had not the people interfered, I Sam. 14 24 - 45 . The vow was of the nature of a contract between the individual and Jehovah and was all the more binding because the Deity was one of the parties to it. The present laws, however, no longer recognize human sacrifice, but provide an equivalent offering in case a man, for example, vows that he will give one of his children to Jehovah. The priest, as Jehovah's representative determines the val- uation. Especially in the case of the poor, the danger of extortion was great as the law itself recognizes by making a special provision, Lev. 27 8 . The law regarding the redemption of per- sons and things vowed is very late, for it assumes the late regulation regarding the year of jubilee, but II Kgs. 12 4 contains a reference to the custom which indicates that the institution was in vogue at an early date. The Marseilles Tablet also demonstrates that it was known to the Phoenicians and probably the ancient Canaanites, as well as to the Hebrews, cf. Appendix VIII. 234 ter wife THINGS VOWED OR DEVOTED [X. .80' Supplemental Priestly Codes say nothing to her on the day that he heareth it; then her vows >hall be valid, and her pledges with which she hath hound herself shall be valid. *Bu1 if her husband express his disapproval of her on the day thai he heareth it, then he rendereth her vow invalid, and the rash utterance of her lips, with which she hath bound herself, and Jehovah will forgive her. 9 But in the case of the vow of a widow, or of one who is divorced, every- B thing with which she hath hound herself, shall be valid against her. "'And ™ d ™ if she vowed in her husband's house, or bound herself with a pledge 1>\ an oath, forced n and her husband heard it, and said nothing to her, and expressed no dis- approval of her, then all her vows shall be valid, and every pledge with which she bound herself shall be valid. 12 But if her husband made them mill and invalid, on the day that he heard them, then whatever die declared concern- ing her vows, or her pledge shall not be valid; her husband hath made them invalid, and Jehovah will forgive her. 1:! Kvery vow. and every oath pledging some self-infliction, her husband may render valid or invalid. "Hut if her husband say nothing to her from day to day, then he rendereth all her vows, or all her pledges which rest upon her valid; he hath rendered them valid because he said nothing to her on the day that he heard them. '"'Hut if la- render them null and invalid after he hath heard them, then he taketh her iniquity upon himself. 16 These are the statutes, which Jehovah commanded Moses, between a man and his wife, between a father and his daiiL r liler. while she is still a girl in her father's house.* Priestly Codes Nil. 6 13 This is the law of the Nazirite : When tin- days of his separation 111 ' are at an end he shall come 11 to the entrance of the tent of meeting. ' 'And he ,',' m .rmg shall offer as his gift to Jehovah, one yearling male lamb without blemish :1 J V" o r< ,,f dig as a burnt-offering, and one ewe-lamb a year old without blemish a> a m'u- period offering, and one ram without blemish as a peace-offering, ' 'and a basket of unleavened bread, cakes of fine meal mixed with oil, and unleavened wafers anointed with oil, and their cereal-offering and libations." '''And the priest shall present them before Jehovah, and shall offer his sin-offering, and his burnt-offering; 17 and he shall sacrifice the ram as a peace-offering to Jehovah, together with the basket of unleavened bread: the priest shall also present its cereal-offering and its libation. 18 Then the Nazirite shall .shave his consecrated 1 ' head at the entrance of Ritual the tent of meeting, and shall take his consecrated 1 ' hair.' 1 and put it on the ',',', ." fire which is under the sacrifice of peace-offering. '''And the priesl shall take the boiled shoulder of the ram, and one unleavened cake from the basket, and one unleavened wafer, and shall lay them on the hands of the Nazirite, m Nu. 6 13 Or, Naziritrsfui>. ■ Nu. G 13 Through what must be a scribal error tin* Heb. reads, ht thatt be brought, °Nu. 6 15 .-Wording to Nu. l.v ■'■ these consisted of about three and one-half pu meal and about seven pints of wine. p Nu. 6 18 I. it., of his separation or Naziriteship. i Nu. 6 18 The hair was regarded as sacred by many ancient peoples, and thi ible as a special offering. 235 Bi - of his uhllK Xl (; i9] THE SACRED DUES Priestly Codes after he hath shaved off the evidence of his separation. 20 Then the priest 'shall wave them as a wave-offering before Jehovah; this is an holy gift for the priest, together with the wave-breast and the thigh of the contribution; after that the Xazirite may drink wine. -'This is the law of the Nazirite who taketh a vow in regard to his gift to Jehovah In accordance with his separation, in addition to what he is able to obliga- offer; according to his vow which he voweth, so he must do in accordance with the law of his separation. Supplemented Priestly Codes Tariff Lev. 27 Jehovah gave this command to Moses: 2 Speak to the Israel- f !' r re ~ ites, and say to them, 'When a man fulfilleth a vow to Jehovah which in- tion'of volveth thv valuation of persons, 3 for a male between twenty and sixty years of age thy valuation shall be fifty shekels of silver, by the standard 1- of the "i'/lT- sanctuary. 4 And if it be a female, thy valuation shall be thirty shekels. "'And if it be between the age of five years and twenty years, thy valuation shall be for a male twenty shekels, and for a female ten shekels. 6 And if it be between the ages of one month and five years, thy valuation shall be for a male five shekels of silver, and for a female three shekels of silver. 'And if it be for the age of sixty years and upward, thy valuation shall be for' a male fifteen shekels, and for a female ten shekels. 8 But if the man be too poor to pay the valuation, the person vowed shall be placed 3 before the priest, and the priest shall value him; according to the means of him who made the vow shall the priest value him. Ani- 9 And if it be a beast, of a kind which may be offered to Jehovah, all that mals any man giveth of such to Jehovah shall be holy. 10 He shall not alter or ex- change it, a good for a bad, or a bad for a good; and if he exchange beast for beast, then both it and that for which it is exchanged shall be holy. u And if it be an unclean beast, of a kind which they do not offer to Jehovah, then he shall set the beast before the priest; 12 and the priest shall value it, esti- mating how good or bad it is; as thou, the priest, Valuest it, so shall it be. 13 But if he wish to redeem it, he shall add the fifth part to thy valuation. Houses 14 And when a man consecrateth his house to be holy to Jehovah, the priest shall value it, estimating how good or bad it is; as the priest valuest it, so shall it stand. 15 And if he who consecrated it wish to redeem his house, he shall add the fifth part of the money of thy valuation to it, and it shall be his. Hcredi- 1(i And if a man consecrate to Jehovah part of the field of his possession, Grids thy valuation shall be in proportion to the seed sown upon it to the sowing and thereof : if sown with a homer of barley it shall he valued at fifty shekels of ing silver. 17 If he consecrate his field from the year of jubilee, it shall stand according to thy valuation. 18 But if he consecrate his field after the jubilee, the priest shall reckon to him the money in proportion to the years that re- main until the year of jubilee; and an abatement shall be made from thy crops r Lev. 27 3 Lit., shekel. • Lev. 27 s Lit., one shall set; so also in n . 236 THINGS VOWED OK DEVOTED [Lkv. 27 u Supplemental Priestly Codes valuation. 19 And if he who consecrated the field wish f<> redeem It, then he shall add the fifth part of the money of thy valuation t<> it, and it shall be assured to him. -"Hut if he will not redeem the field, or if he have sold the field to another man, it shall not be redeemed any more; -Unit the field, when it is released in the jubilee, shall be holy to Jehovah, .1- a field devoted; it shall be the possession of the priest. -'-'And if he consecrate to Jehovah a field which he hath bought, which is not one of the fields of his possession, 2;5 the priest shall reckon to him the amount of thy valuation until the year <>! jubilee; and he shall give thy valuation in that day, as a thing holy to Jehovah. - 4 At the year of jubilee the field shall return to him of whom it was bought, even to him to whom the possession of the land belongeth. -'And all de- valuations shall be according to the shekel of the sanctuary; twent) gerahs shall be the shekel. 26 Only the firstling of animals, which as such belongeth to Jehovah, no i man shall consecrate whether it be ox or sheep, it is Jehovah's. -'And if it dean° be the firstling of an unclean beast, he shall ransom it according to thy \alua- andun- tion, and shall add to it the fifth part of it; or if it be not redet med, then it animals shall be sold according to thy valuation. 28 Nevertheless, no devoted thing, that a man may devote to Jehovah of all I that he hath, whether of man or beast, or of the field of his possession, -hill , be sold'or redeemed; every devoted thing is most holy to Jehovah. 2B None ;J®£°" devoted, that shall be devoted from among men, shall be ransomed; he shall surely be put to death.' * § 194. Spoils of War, Nu. 31 2S - 31 Supplemental Priest/// Codes Nu. 31 25 Jehovah commanded Moses. -''Make an estimate of the booty Part that was taken, both of man and of beast, thou, and Eleazar the priest, and | the heads of the lathers' houses of the congregation; -"and divide the booty into two parts between the men skilled in war, who went out to battle, and all the congregation. 2s And levy a contribution for Jehovah upon the war- riors who went out to battle: one in five hundred, of the persons, and of the oxen, and of the asses, and of the flocks; -"'take it from their half, and give it to Eleazar the priest, as a special contribution to Jehovah. "And from the Israelites' half thou shalt take one drawn out of every titty, of the persons, of the oxen, of the asses, and of the flocks, even of all the cattle, and give them to the Levites, who have charge of the dwelling of Jehovah. sl And Moses and Eleazar the priest did as Jehovah commanded Moses. 'Lev. 27 M This law doubtless refers (<> heathen captives ..r idolaters placed under the ""'sYm This late traditional precedent represent* one of the many ways in which later Judaism sought to secure for the temple and its officials a definite and pnerous mcome. I the earliest tunes a part of the spoils of war were d ubtless dedicated to the Deil Josh. 7. The Moslem law enacts that one-fifth of the Bpoil belongs to Qod, K.or, 237 Dt. 15 21 ] SACRIFICIAL OFFERINGS H Sacrificial Offerings § 19.5. Animals Suitable for Sacrifice, Dt. 15", 17», Lev. 22" b -» [l 2b - '] Deutcrononiic Codes Only Dt. 15 21 If an animal have any blemish, such as lameness or blindness animals or any evil blemish whatever, thou shalt not sacrifice it to Jehovah thy God. 17 'Thou shiilt not sacrifice to Jehovah thy God an ox, or a sheep, in which is a blemish or anything evil, for that is an abomination to Jehovah thy God. Holiness Code De- Lev. 22 18b If any man of the house of Israel or of the aliens residing in 'pecili- Israel bring his offering, whether it be any of the vows or voluntary offerings cations _ — Sacrificial Offerings. — The prophetic tradition in the story of Cain and Abel traces the institution of sacrifice back to the beginnings of human history. The earliest Bab. inscriptions contain frequent references to both animal and vegetable sacrifices. The Babylonians believed that the institution originated with the creation of the world. Thousands of years before the beginnings of Hebrew history the usages and laws of sacrifice had been developed, subject to local modifications. Most of the sacrificial terms employed in the O.T. had long been in use among the Babylonians. Like prayer and song, sacrifice in antiquity was almost universally regarded as a necessarv element in all religious worship. Perhaps the original, and certainly in the O.T. the prevailing idea of sacrifice is that of a gift or tribute to the Deity. Thus the oldest common designation of a sacrificial offering, minhah, was also employed to describe a gift proffered to a friend or a chieftain or an offended brother (as when Jacob returned to his brother Esau, Gen. 32 13 . IS ). In the ritual the minliah included animal as well as other sacrifi- cial offerings. The corresponding late priestly term, korban, gift or present, has a similar broad content. The laws and literature of sacrifice reflect the idea of the primitive age when the prevailing conceptions of the gods were exceedingly anthromorphic. Since early man was, like the normal small boy, usually possessed of a strongly developed appetite, it was inevitable that he should regard food as the gift most suitable and acceptable to his god. In the Bab. literature this idea is clearly and frequently expressed. In the Bab. account of creation the gods are represented as feasting and drinking together, cf. Vol. I, p. 366. Else- where we are told that the glorious gods smell the incense, the noble food of heaven, they enjoy the pure wine which no hand hath touched, 4 R. 19 54 , or again we find the parallel expressions, eat the food, accept his sacrifice, 4 R. 17 56 . As man's conceptions of the Deity became more spiritualized, he recognized that the god could not, as a human being, partake of the offerings brought to him; accordingly the parts set aside for the Deity were consumed by fire that he might smell the pleasant odor, even as when Noah sacrificed to Jehovah, Gen. 8 21 . At other times, Jehovah's portion was consumed by his representatives, the priests. In the case of animal sacrifices the most sacred part, the blood that represents the life, cf. note § 173, was poured out upon the ground or dashed against the altar that it might thus be presented to the Deity. It was natural that out of the belief that the Deity was pleased with gifts of food should grow the kindred conception of sacrifice as a sacrificial meal. Even in the later priestly ritual an ordinary sacrifice had all the ordinary accessories of the usual Heb. meal: the meat, cakes of meal mixed with olive oil, and a measure of wine. Judg. 6 19 contains one of the most striking of the many illustrations of this popular belief, for it states that when the Messenger of Jeho- vah came to him, Gideon went in and prepared a kid, and unleavened cakes from an ephah of flour; he put the broth in a pot, and brought it out to the divine Messenger. The tradition adds that after this meal had been laid out on the rock, and the broth had been poured out, the divine Messenger touched with his staff the food thus prepared, and a fire went up from the rock and consumed the food. The early narrative in I Sam. 9 and the sacrificial laws in Dt. give vivid pictures of the pre-exilic sacrificial meals at the local shrines and later at the central sanctuary in Jerusalem. Amid great rejoicing they shared their sacrificial offerings with their Divine Host, their fam- ilies, and the needy in the community. Each individual offerer slew and prepared his own sacrificial animal. As has already been noted, Introd., p. 43, the exile changed these feasts to fast~; tie- performance of the sacrificial offering also passed largely from the hands of the individual offerer to the priests, as the ritual became more elaborate and was more carefully guarded from all ceremonial defilement. The chief aim of sacrifice ceased to be praise and homage, and it came to represent more and more the effort of the individual and community to appease Jehovah's wrath and secure and retain his favor. 238 ANIMALS SUITABLE FOR SACRIFK I. [Lev. M"* Holiness Code which are brought to Jehovah as a burnt-offering, '''in order that \< ma} be accepted, ye shall offer a male without blemish, of the bullocks, <>f tin- sheep, or of the goats. 20 But ye shall not offer anything that hath a blemish, for it will not be accepted for you. "Whoever bringeth ;i sacrifice of peace-offei to Jehovah as a votive-offering a or as a voluntary offering from the herd or the flock, it must be perfect to be accepted; there musl Ik- no blemish in it. —Animals that are blind, or broken, <>r maimed, or that have running sores, or scurvy or are scabbed, ye shall not offer to Jehovah, nor make of them an offering by fire on the altar to Jehovah. L ' ! A bullock or a lamb, however, which hath any part too long or too short, 1 ' thou mayesl offer aa a voluntary offa but it will not be accepted as a votive-offering. -'Ye shall not offer l>< J hovah that which hath the testicles bruised, or crushed, or torn off. or cut off; ye shall not sacrifice such animals in your land:'' -'nor shall ye offer any of these from the hand of a foreigner as food for your < rod; because they are corrupt, there is a blemish in them,' 1 they will not be accepted for you. 26 Jehovah gave this command to Moses: -'When a bullock, or a sheep, or a \. goat, is born, it shall be seven days with its mother; and from the eighth day % and after it may be accepted as a gift, an offering made by fir ah. I THE DIFFERENT FORMS OF OFFERINGS § 196. Ordinary Animal Sacrifice {Zrhhnrh),Y.x. 10 3 «- ", 18", Dt 12", Lei Primitive Codes Ex. 10 24 Pharaoh summoned Moses, and said. Go ye. worship Jehovah; i irtj only let your flocks and your herds remain behind; let your little ones als< _■ with you. 25 But Moses said, Thou must also give into our hand sacrii and burnt-offerings, that we may sacrifice to Jehovah our God. 18 12 Jethro, Moses' father-in-law. took a burnt-offering and sacrii for God, and Aaron came with all the elders of Israel to eat with M father-in-law before God. » Lev. 22 21 Lit., to julfil n special vow. b Lev. 22~> < »r, xii/ii /-/hums or lacking. ' I.*v ■'•''-'' 1 it and in your land ye shall not do, >. a, sacrifice. .1"-. internn I ye do thu8,i. e., practice any of these four methods of castrating a nim al * . I In- former ren- dering does better justice to the text. ■' Lev -_'- Lit., their corruption ia m '■ ■ Different Forms of Offerings. — At least five distinct form- of sacnficinl offerm** r.in \f distinguished in the earliest periods of ferael's history- The form cho ■ ect of the offering, and to a great ext I upon the feeling vidual offerer, fn the later ritual, however, the form of the sacrifice « Several of the earlier independent offerings were combined; thus the I the central place, and the cereal-offerings and the libations were required nmpl] 3ne §'l96 By far the most common form of sacrifice both in ti>e earlier ai the onlmarv private animal sacrifice m which the victim wu kdled by tl ff< uary. Probably before, as after .1 rile, the pneet dashed it- Woo burnt the fat upon the altar, as Jehovah's port! « \ part went to the officiating ni ■ return for his services and the reel wan sumed by the offerer. In- family, fn.-, pendents in the temple courts. 239 Di. 12"] THE DIFFERENT FORMS OF OFFERINGS lh uteronomic Codes Tobe |)|. | •> "At the place in which Jehovah your God shall choose to have pn ';., his name dwell, thither shall ye bring all that I command you: your burnt- aJTthe offerings, and vnur sacrifices, your tithes, and the individual contributions of your hand, e and your choice vows which ye vow to Jehovah. Priestly Codes Method Lev. 3 1 When a man's gift is a sacrifice of peace-offerings/ if he bring of P«*»- j t fj. om t l, ( . herd, whether male or female, he shall offer one that is without tion blemish before Jehovah. 2 He shall lay his hand on the head of his offering and kill it at the entrance of the tent of meeting; and Aaron's sons, the priests, shall dash the blood against the altar round about. 3 Then he shall present from the sacrifice of peace-offerings an offering made by fire to Je- bpvah; the fat that covereth the entrails, and all the fat that is about the en- trails, '.ind the two kidneys, and the fat that is on them near the loins, and the fatty mass next to the liver, which mass he shall remove as far as the kidneys.^ "'Aaron's sons, the priests, h shall burn 1 it on the altar over the burnt-offering, which is upon the wood that is on the fire; it is an offering made by fire of an odor pleasing to Jehovah. 6 If his gift as a sacrifice of peace-offerings to Jehovah be from the flock, a male or a female, he shall offer it without blemish. 7a If he bring a lamb as his offering, he shall present it before Jehovah. § 1!)7. The Holocaust (Olah), Gen. 8 2 °, Ex. 20" Dt. 27 6 , 12". «•, Lev. I 317 , 6 s - 13 Primitive Code An Gen. 8 20 Noah built an altar to Jehovah, and took of every clean beast proc,.- and of every clean bird, and offered burnt-offerings on the altar, dent Ex. 20 - 4 An altar of earth thou shalt make to me, and shalt sacrifice On on it thy burnt-offerings, and thy peace-offerings, thy sheep, and thine oxen; Stare "i every place where I record my name I will come to thee and will bless thee. Dt. 2 7 6 Thou shalt build the altar of Jehovah thy God of unhewn stones; and thou shalt offer burnt-offerings on it to Jehovah thy God. D eider onomic Codes Only at Dt. 12 "At the place in which Jehovah your God shall choose to have temple his name dwell, thither shall ye bring all that I command you: your burnt- • Dt. 12" Lit., reserved portions of your hands. ' Lev. 3 l Or, thank-offerings. So vs. 6 . The term denotes primarily a sacrifice in token of alliance or friendship. This law in 3 17a was probably found originally among the priestly direction-. * Lev. 3 4 Or. with the kidneys. h Lev. 3 5 So Gk. Hob. omits, the priests. 1 Lev. 3 5 Lit., cause it to ascend in smoke. § 197 The holocaust or whole burnt-offering goes back to the beginnings of Heb. history. The entire anini;i] was consumed on the altar that it might thus be given entirely to Jehovah. In the priestly codes the victim itself appears to hrive been slain by the offerer; but in later practice it was left to the priests. The priestly laws also specify very definitely the ritual to be observed by them. 240 THE HOLOCAUST [Dr. 12" ])i iilrronomic Codes offerings, your sacrifices, your tithes, your individual contributions, and all your choice vows which ye vow to Jehovah. 27a And thou shall offer thy burnt-offerings, both the flesh and the blood, upon the altar of Jehovah thy God. Priestly .Codes Lev. 1 3 If his gift be a burnt-offering from the herd, he shall offer a Ritual maleJ without blemish; he shall present it at the entrance of the tent of offering meeting, that he may be accepted before Jehovah. 'He shall lay his hand on the head of the burnt-offering, and it shall lie accepted in his behalf to ti„- make atonement for him. 5 Then he k shall kill the bullock before Jehovah; " and Aaron's sons, the priests, shall bring the blood, and dash the l»l<>od round about against the altar that is at the entrance of the tent of meeting. 6 Then he shall flay the burnt-offering and cut it into pieces. 'And Aaron's sons, the priests, 1 shall put fire on the altar, and lay wood in order upon the fire; 8 and Aaron's sons, the priests, shall lay the pieces, together with"' the head and the suet, in order upon the wood thai is on the lire which is upon the altar; 9 but its entrails and its legs shall be washed" with water. Then the priest shall burn the whole on the altar; it is" a burnt-offering, an offering made by fire, of an odor pleasing to Jehovah. 10 If his gift be from the flock, a sheep or a goat p as a burnt-offering, he From shall offer a male without blemish. <■ tae original. "Lev. l> So Gk., Sam., and Syr. Heb. lacks, it VS. p Lev. I 10 Lit., of thi sheep or of the goats, i Lev. I 10 Gk. adds, mid he shall lay hit hand on its head. 'Lev. I'-' Gk. and Syr. have the verb in plural. •Lev. I 1 -' Gk.. the priests. 'Lev. l"- 17 A later supplement, as the title in - implies. "Lev. I " Heb., of birds. v Lev. 1" Heb., of turtle-dores or of i/oii'm pigeons. "Lev. 1 1(1 So Gk., Sam., and Yulg. The Heb. does not justify the translation, nm, ai in RV. By a slight correctiou the above reading is restored. Lev. I 17 ] THE DIFFERENT FORMS OF OFFERINGS Devteronomic ( 'odes on the wood thai is upon the fire; it is a burnt-offering, an offering made by fire, of an odor pleasing to Jehovah. Rule Lev. <> Mi'hovah spoke thus to Moses, "Command Aaron and his sons as follows: 'This is the law concerning the burnt-offering: The burnt-offering shall daily remain on the hearth upon the altar all night until the morning; and the offering fire of the altar shall be kept burning by means of it. 10 The priest shall clothe himself in his linen garment, x and put on his linen breeches; and he shall take up the ashes to which the fire hath consumed the burnt-offering on the altar, and he shall put them beside the altar. 11 Then he shall take off his garments, and put on other garments, and carry the ashes out of the camp to a clean place. 12 The fire on the altar shall be kept burning by means of the burnt-offering, it shall not go out; the priest shall burn wood on it every morning; and he shall arrange the burnt-offering upon it, and shall burn on it the fat of the peace-offerings. 13 Fire shall be kept burning on the altar continually; it shall not go out.' § 198. Cereal-offerings, Ex. 34 25a [23 18a ], Nu. 151-", Lev. 2 1 "- ">-" [6 18 -= 3 ] Primitive Codes With Ex. 34 25a Thou shalt not offer the blood of my sacrifice with leavened animal , , eacri- bread. fices Priestly Code To ac- Nil. 15 'Jehovah gave this command to Moses, 2 Speak to the Israelites, and pany say to them, 'When ye come into the land of your dwellings, which I give every you, 3 and wish to make an offering made by fire to Jehovah, a burnt-offering, offering or a sacrifice, as. a votive-offering a or as a voluntary offering, or at your ap- pointed seasons, to make an odor pleasing to Jehovah, from the herd or from the flock, 4 then he who bringeth his offering shall present to Jehovah a cereal -offering of a tenth of an ephah of fine meal mixed with the fourth of a hin of oil ; 5 and as wine for the libation, the fourth of a hin shalt thou prepare with the burnt-offering or the sacrifice, for each lamb. b 6 Or for a ram, thou shalt prepare as a cereal-offering two-tenths of an ephah of fine meal mixed with a third of a hin of oil; c 7 for the libation thou shalt bring a third of a hin of wine, an odor pleasing to Jehovah. 8 When thou preparest a bullock as a burnt-offering or as a sacrifice in fulfillment of a vow, or offered as any other form of peace-offerings d to Jehovah, 9 thou shalt e offer with the bullock a 1 Lev. 6 10 Syr., garments. § 198 Among the Babylonians the most common offerings were grain, fruit, and other products of the soil. In the earlier days these forms of offerings were also very common among the Hebs.: but in the priestly codes the cereal-offerings are only the necessary accompani- ments of the animal sacrifices. Possibly they are assigned to this secondary place in the sac- rificial system because grain was regarded as a product of the Canaanitish agricultural civili- zation, while animal sacrifices came from the flock and herd, and, therefore, were the gifts originally presented to Jehovah by the nomadic ancestors of the Hebs. ■ Nu. 15 s Lit., to fulfil a special vow. h Nu. 15 5 The Gk. adds, thou shalt do this as an offering of pleasant odor to Jehovah c Nu. lf>° Gk. adds, when ye offer it for a burnt-offering or for a sacrifice. d Nu. 15 8 Lit., for peace-offerings. 1 Nu. 15 J llcb., he shall. 242 CEREAL-OFFERINGS [Nu. i.v Priestly Code cereal-offering of three-tenths of an ephah of fine meal mixed with half a bin of oil; "'thou shall offer as the libation half a bin <»f wine, as an offering made by lire, df an odor pleasing to Jehovah.* n So shall it be done for each bullock, or for each rani, or for cadi of the Bind- male lambs, or of the kids. l2 Accor>1 holy, being a part of the offerings made by fire to Jehovah. Supplement \ fire to Jehovah. l2 As an offering of firstfruits ye shall bring them to Jeho vah; but they shall not lie burnt on the altar, to give forth a pleasant odor. f Nu. l. r >' n Most of this vs. is lacking in Gk. «Nu. 15 18 »'f. § 22, note °. . , , >■ Lev. '-'' llri... he. Cf. ». The rest of the vs. as fnr as frankmeenn is perhai 1 Lev. 2 8 ( >r. of tins* materials. > Lev. 2" So i;k., Sum., Syr., and Targ. ffeb., cause t« ascend m m> k Lev. 2 1 - Heb., come up as a pleasant odor "» the altar. 243 Lev. 2 13 ] THE DIFFERENT FORMS OF OFFERINGS Supplemental Priestly Codes 13 Evcrv cereal-offering which thou offerest 1 shalt thou season with salt, nor shalt thou suffer the salt which betokeneth the covenant" 1 of thy God to be lacking from thy cereal-offering; with all thy offerings thou shalt offer salt. 14 If thou offer a cereal-offering of firstfruits to Jehovah, thou shalt bring, as the cereal-offering of thy firstfruits, young ears of grain roasted at the fire and crushed." l5 Thou shalt pour oil on it, and lay frankincense on it; it is a cereal-offering. 16 Then as a memorial of it, the priest shall burn some of the crushed grain and some of the oil, together with all the frankincense; il is an offering made by fire to Jehovah. § 199. Libations, Gen. 28 1S , 35'*, Nu. L5 3 *- •>• *>• "■ 6a - ?• 10 [Lev. 23 13 , Ex. 29". « Lev. 2, 6 19 - 23 , Nu. 5' 5 . 6 15 - 17 ] Primitive Codes Early Gen. 28 18 Jacob rose up early in the morning, and took the stone that he dents had put under his head, and set it up for a pillar, and poured oil upon the top of it. 35 14 And Jacob set up at the place where God had spoken with him, a pillar of stone; and he poured a libation and oil upon it. Priestly Codes To ac- Nu. 15 3a - b Whenever ye make an offering, by fire to Jehovah from the pany herd or flock, 4a he who bringeth his offering to Jehovah shall offer 5 wine for all ani- { ne libation, a fourth of a hin shalt thou prepare with the burnt-offering or sacri- the sacrifice, for each lamb.° 6a For a ram "thou shalt offer as a libation a third of a hin of wine, as an odor pleasing to Jehovah. 10 For a bullock thou shalt offer as the libation half a hin of wine, as an offering made by fire of an odor pleasing to Jehovah. § 200. Showbread, Ex. 25 30 , Lev. 24'- fl PriesUy Codes Prep- Ex. 25 30 Thou shalt set showbread on the table before me continually. \™n Lev. 24 5 Thou shalt take fine meal, and bake twelve cakes of it; two- arid re- tenths of an ephah shall be in each cake. 6 Thou shalt set them in two rows, newal r 1 Lev. 2 13 Lit., every offering of thy cereal-offering. m Lev. 2 13 Lit., salt of the covenant. n Lev. 2 U Or, grits (i. e., crushed grain) and fresh fruit. § 199 The references in the early Ephraimite prophetic narratives to libations indicate that they also were early forms of offering. Like the cereal-offerings they were originally presented independently. The Mishna speaks of a votive or voluntary offering of wine, cf. Menahqth, 12, also of oil; but the priestly laws provide that the libation be used only with private gifts which include animal sacrifices. " Nu. 15 s f the bread, an ottering made by fire to Jehovah. s Every sabbath day the priesl shall arrange it before Jehovah regularly, on behalf of the [sraelites in token of an everlasting covenant. 9 It shall belong to Aaron and his sons; and they shall eat it in a holy place, for it i^ the mosl holy to him of the offerings made by fire to Jehovah, an everlasting due. §201. Sacred Lamps and Incense, Lei . Lev. 10 j. I Priestly Codes Lev. 24 l Jehovah spoke thus to Moses, 2 Command the Israelites, thai i they bring to thee pure oil of beaten olive for the light, thai the lamps may i.!,,,, ,',!. be lighted - each day. 3 Outside the curtain of the testimony, in the tent <•!' meeting, shall Aaron keep it in order from evening to morning before Je- hovah continually: it shall be a statute forever throughoul your generations. 4 IIe shall arrange the lamps on the lanipstand of pure 1 gold before Jehovah each day. Supplemented Priestly Codes Ex. 30 7 0n the altar of incense Aaron shall hum incense of sweel spices; Daily each morning, when he taketh care of the lamps, he shall hum it. B When Aaron lighteth 8 the lamps towards evening, he shall bum it as a perpetual incense before Jehovah throughout your generations. ''Ye shall offer no strange incense on it, nor burnt-offering, nor cereal-offering, and ye shall pour no libation on it. 5 20^ Incense appears to have 1-oon introduced a1 a late period into the Jewish ritual. There are i , Sear traces of it before the exile. Then it became a regular wscompaniment of Iverv ,,nva te ,1,,,,,^. except thai of the | i man. !< was also, bke the sacred Uunp a reirul-i r .-1 me it in the daily service of the temple. Lev. in' ■ contains a traditional pre. illu"tr',ti..K tl". divine [udgmenl upon those who depart from the rules laid down for the in- cense offering Lev. l'7'"' -' repeats the law "I - t ' ' - , Tl'"v24 2 Or, be set in their places; lit., to cause a lamp to ascend continually. 'Lev - l * Lit., pure lamp stand. » Ex. 30 s Or, settcth in their places; lit., cauteth to ascend. S >5 Lev. 22 21 ] THE DIFFERENT KINDS OF OFFERINGS II THE DIFFERENT KINDS OF SACRIFICIAL OFFERINGS §202. Peace-offerings, Lev. 22 21 , 19 5 8 , 3 1 . 6 16 , 7 1114 ' 15 -•»>. 20 . ». 28 " 32 Holiness Code From Lev. 22 21 Whoever bringeth a sacrifice of peace-offerings to Jehovah herd as a votive-offering or as a voluntary offering, from the herd or the flock, it must be perfect to be accepted; there must be no blemish in it. Rules Lev. 19 5 When ye offer a sacrifice of peace-offerings to Jehovah, ye ^ting shall offer it so that ye may be accepted. c It shall be eaten the same day ye dlt'cr it or on the following day; and if any of it remain until the third day, it shall be burnt with fire. "If it be eaten on the third day, it is refuse; it shall not be accepted; 8 but every one who eateth it shall be held guilty, a because he hath profaned Jehovah's holy thing; that person shall be cut off from his people. Priestly Codes Lev. 3 ^Vhen a man's gift is a sacrifice of peace-offerings, b if he bring it from the herd, whether male or female, he shall offer one that is without blemish before Jehovah. Ritual 6 If his gift as a sacrifice of peace-offerings to Jehovah be from the flock, the a male or a female, he shall offer it without a blemish. 7 If he bring a lamb flock Different Kinds of Sacrificial Offerings. — The present classification is based on the occa- sion or object of the different kinds of sacrificial offerings. No classification of the various types of sacrifice is entirely satisfactory because of their complexity. Some were used only by private individuals, others only for public sacrifices, and others were both public and private. Among the private sacrifices were the peace-offerings, the sin- and guilt-offerings, thank- offerings, special gifts, libations and incense. The public sacrifices included the daily holo- causts and accompanying offerings, the showbread, incense, the offerings on the sabbath, feast days and special occasions, the yearly sin-offering, the scape goat, the red cow and the sacrificial sin-offerings at the consecration of priests or the altar. The public sacrifices con- sisted simply of burnt- and sin-offerings, with occasional peace-offerings. § 202 Peace-offerings were the most common kind of private sacrifices. They are men- tioned frequently in the earlier O.T. writings, e. g., Ex. 32 ,J , I Sam. 10 s , II Sam. 6 17 - IS , 24 25 , [ Kgs. 3 1 *, !>-' ■"'. The same kind of sacrifices were also known to the Phoenicians, cf. Appendix VIII. The exact meaning of the Heb. word is not known. It was probably inherited from the Canaanites. In the Gk. translation of the historical books and in the versions of Aquila, Symmachus and Theodotion it is derived from the verb meaning, to be whole, safe, and is connected with the corresponding noun, peace; hence the current translation, peace-offerings. The underlying conception seems to be that they were offerings intended to establish harmo- nious relal ions between the Deity and the individual offerer. The same kind of offerings (shulmu) are also frequently referred to in the Bab. texts, and many passages throw light upon the cur- rent ideas. The following extracts from ancient prayers are to the point: Accept the gift he brings, receive his ransom money; let him walk before them on the ground of peace (shulme) 4 R. 54 47 or. May the man afflicted with fever be purified like shining metal bi/ means of a gracious peace-offering, K. 246. Adoration, praise, thanksgiving, the desire for physical healing or forgiveness, all found expression in ancient times through the peace-offering. It is prayer expressed in the terms of the ritual. In keeping with this idea we find the peace-offerings sometimes especially desig- nated as voluntary offerings, votive-offerings, and thank-offerings, to which the Rabbis added the pilgrimage or festal sacrifices, which were offered when the people resorted to the sanct- uary at the annual feasts. a Lev. 19 s Lit., shall bear [the consequences of] his iniquity. b Lev. 3 1 The laws in 3 and 7 were originally found in the collection of priestly directions, cf. Introd., p. 44. c Lev. 3 1 Cf. § 196. The method of procedure in offering an animal from the herd was the same as with a lamb 246 PEACE-OFFERINGS [Lev. & Priestly Codes as his offering, he shall present it before Jehovah; s he shall lay his hand <>n the head,of his offering, and kill it before the ten! of meeting, and Aaron's sons the priests shall dash the blood against the altar round about ''Then he shall present from the sacrifice of peace-offerings, as an offering made by fire to Jehovah, the fat of the lamb, the fat tail entire, which he -hall remove close to the back-bone, and the fat that coveretb the entrails, and all the fat that is about the entrails, 10 and the two kidneys, and the fat that i- OH them, near the loins, and the fatty mass next to the liver, which ma— he -hall remove as Far as the kidneys. d u Then the priest shall bum it on the altar; it i- the food given as an offering made by fire to Jehovah. 12 If his gift be a goat, then he shall present it before Jehovah: l3 he -hall If pf- lay his hand on its head and kill it before the tent of meeting: and Aaron's sons, the priests, shall dash the blood against the altar round about. 6 ' 'Th.-u ■ he shall offer from it his gift, as an offering made by fire to Jehovah : the fat that covereth the entrails, and all the fat that is about the entrails, '"'and the two kidneys, and the fat that is on them, near the loin-, and the fatty mass next to the liver, which mass he shall remove as far as the kidneys. "''I be priest shall burn them on the altar; it is the food given as an offering made by fire, of a pleasant odor; f all the fat belongeth to Jehovah. ' 7 n This is the law concerning the sacrifice of peace-offering- which 01 • may offer to Jehovah: 12 If he offer it as a thank-offering, he -hall ..tier with the sacrifice of thanksgiving unleavened cakes mixed with oil. and unleavened wafers smeared with oil. and cakes mixed with oil. of fine meal well mixed; offering 13 with cakes of leavened bread in addition tothe sacrifice of hi- peace-offerings which are given as a thank-offering, -hall he present his gift. ' 'And out "I his offering he shall present one cake of each kind as a contribution* to Jehovah; it shall belong to the priest who dasheth the blood of the peace offerings. 20 A person who eateth of the meat of the sacrifice of peace-offerings, which Penalty belong to Jehovah, while he is unclean. '' shall be cut off from hi- own people. 21 When any one toucheth any unclean thing, the uncleanness of man, or anj unclean beast, or any unclean swarming creature. 1 and then eateth oi the meat of the sacrifice of peace-offerings, which belong to Jehovah, that one shall be cut off from his own people. MJehovab gave this command to Moses, *»Say to the [sraelitee, 'He who D sacrificed: his peace-offerings to Jehovah -hall bring his gift to Jehovah out of the peace-offeringsi which he sacrificeth; "'"with his own hand- 1..- -h. bring the offerings to be made by fire to Jehovah: the fat with the breast shall he bring, that the breasl ma} !"• waved as a wave-offering before Je d Lev. 3 ln Or. with the kidneys. So u . ' ( ];:;/ I" ',',; '.„,,,, ,„ Jehovah. Possibly tin- aexl phrase is a margina] gloss, and it><- (,.,!('•<• Bhould end with the words as a deposit, or a pledge, ■ •! by robbing or defrauding his neighbor, 3 or if he have found something which was lost, and deny it and perjure himself, 'if by doing any one <»t' these things a man hath sinned and so is guilty, q he shall restore thai which he took by robber}', or the thing which he obtained by fraud, or the deposit which was entrusted to him, or the lost thing which he found, <>r anything about which he swore falsely, he shall restore it in full, and shall add to it a fifth more: be shall give it to its rightful owner on the day that he is found guilty. r ' He shall also bring to the priest his guilt-offering for Jehovah, a ram without blemish out of the flock, according to thy valuation, as a guilt-offering. 7 Then the priest shall make atonement for him before Jehovah, and lie shall be forgiven for whatever lie may have done to incur guilt. 7 x This is the law concerning the guilt-offering: It is most bolj ; -in the mumi place where they kill the burnt-offering shall they kill the guill offering, and the priest shall dash its blood against the altar round about. 3 He shall ■'■ offer all of its fat : the fat tail, and the fat that covereth the entrails, 'and the two kidneys, and the fat on them near the loins, and the fatty mass next to the liver, which mass he shall remove as far as the kidneys. 'Then the priest shall burn them on the altar as an offering made by tin- to Jehovah; it is a guilt-offering. 6 Any male among the priests ma\ cat of it; it shall be eaten in a holy place; it is most holy. 7 The guilt-offering is like the -in- offering; there is one law for both; the priest who maketh atonement with it shall have it. §204. Sin-offerings, Lev .5'-" Nu. 15«", Lev. t ' [ », 9»J 8" ' [10 Priestly Codes Lev. 5 x If any one sin, when under oath as a witness, by failing to give I information concerning what he hath seen or known, he shall bear the con sequences of his iniquity. 2 Or if any one touch any unclean thin-, cither the carcass of an unclean beast, or the carcass of an unclean domestic animal. 01 p Lev. 6i Heb. 5=°. , , . , . . q Lev. <>' Hel).. i" ""'/ "f »" these things by doing which n man nnnej > Lev <;• Or. when he bringeth his auiU-offering ; lit., i" the day of hxsamU. s 204 Tin Bignation misleading, foi these regulations ... not em I deliberate transgressions of the moral law, but rathei provide, CI) for purification a !. !, Qonial undfanness as for example, childbirth oi contact with , dead body The Mu.hn« aisumes that these offences were committed i. , advertently. In the second | -"(lor ing« antic i ate certain ignorant or unintentionaHtransgressions of the moral ..r <■.„•■,, ,,,al I laws. TheV aimed to restore the individual thus defiled to his normal relations with Jehormh and ""' Whrtw are mentioned in II Kga. 12" the dn^ffermgB do ..... appear totobew nrominen m the early Beb. ritual. They reflect rather the influenp ■ «■» Lr wiiiB in lr is on ceremonialism which charaoteriaes later Judaism, In prac. I w i u. ' ■ , ot rfullv mipressed upon the minds of the people the rrning \ .v," v. .-Mil • the ritual: an!;. in turn" they douh.le.s ..re-en,.,! a very ..,■.,., wav of gaining the sense of divine approval, ["he latei amhuamu provide that sive offerings may be presented by the i rei meml f"the.< ...mi. v. Ihe . at« Lev. 4 a so pn.seril.es the ntual to 1 bserved fo; the cleansing of the commui contains a traditional precede.,., which belonga ... the pra iUj undwork. 249 Lev. 5 2 ] THE DIFFERENT KINDS OF OFFERINGS Priestly Codes the carcass of an unclean swarming creature, s and the fact be hidden from him, if later he become aware of it,* and so become guilty; 11 3 or if he touch the uncleanness of man, whatever it be, v and the fact be hidden from him; if later he become aware of it, and so become guilty; 4 or if any one swear rashly with his li|>s whether to do evil or to do good, in any case w where a man uttereth a rash oath, and the fact be hidden from him; if later he become aware of it, and so become guilty in a case of this sort, 5 when he hath incurred guilt through any one of these causes, he shall confess the sin which he hath committed. 6 He shall bring to Jehovah as the penalty for the sin which he hath committed, x a female lamb or goat from the flock as a sin-offering, and the priest shall make atonement for him on account of his sin. Poor 7 If he cannot afford a lamb, a he shall bring to Jehovah as the penalty offering for tlie sin which he hath committed, two turtle-doves or two young pigeons, one as a sin-offering and the other as a burnt-offering. 8 He shall bring them to the priest, who shall offer that which is for the sin-offering first, and nip off its head at the neck, without wholly severing it. 9 He shall sprinkle some of the blood of the sin-offering against the side of the altar, and the rest of the blood shall be drained out at the base of the altar; it is a sin-offering. 10 Then he shall offer the second as a burnt-offering, according to the ordinance. 15 Thus the priest shall make atonement for him on account of the sin which he hath committed, and he shall be forgiven. For n But if he cannot afford two turtle-doves or two young pigeons, he shall ex? se bring as his offering for the sin which he hath committed, a tenth of an ephah tremely f fi ne me al as a sin-offering, without pouring any oil on it, or laying any frankincense on it, for it is a sin-offering. 12 He shall bring it to the priest, and as a memorial the priest shall take a handful of it, and burn it on the altar, upon the offerings of Jehovah made by fire; it is a sin-offering. 13 Thus the priest shall make atonement for him on account of the sin which he hath committed through any of these causes, and he shall be forgiven; and the rest shall belong to the priest, just as in the case of the cereal-offering. For of- Nu. 15 22 When ye err, and fail to do any of these commands, which oFthe Jehovah hath spoken to Moses, 23 even all that Jehovah hath commanded com- y OU through Moses, from the day that Jehovah gave command, and onward y through your generations, 24 then if the sin be committed inadvertently, without the knowledge of the congregation, all the congregation shall offer one young bullock as a burnt-offering, of an odor pleasing to Jehovah, together with the accompanying cereal -offering and libation, according to the ordinance, and one male goat as a sin-offering. 25 Then the priest shall make atonement for all the congregation of the Israelites, and they shall be forgiven; for it was an error, and they have brought their gift, an offering Lev. 5 2 The Gk. omits the remainder of this vs. It is probably a gloss. * Lev. 5 2 Heb., and he is unclean. But cf. 3b tb . u Lev. 5 2 Or, when he becomes aware of it he shall be guilty. So 3 - i . v Lev. 5 3 Lit., his uncleanness with which he is unclean. w Lev. 5 4 /. e., any sort of rash oath. 1 Lev. 5 6 So 7 ; elsewhere translated, guilt-offering. a Lev. 5 9 Lit., if his hand do not reach enough for a lamb. b Lev. 5 10 /. e., the manner prescribed in l 19 ff . 250 SIN-OFFERINGS \ , Priestly Codes made by fire to Jehovah, and their sin-offering before Jehovah, for their error. 2G Thus all the congregation of the [sraelites shah be Forgiven and the alien who resideth among them, for all the people are answerabh what is done inadvertently. ^ 27 If a person sin inadvertently, he shall offer a Female goal a year old i sin-offering. 28 The priest shall nuke atonement before Jehovah For the u person who erreth, when he sinneth inadvertently, t.» atone For him, and •* he shall be forgiven.' 1 -"Ye shall have one law For him who sinneth' ii d vertently both for him who is native horn among the Israelites and For the alien who resideth among them. ;i,l lhit the person who sinneth presumptu- ously,* whether he he native horn or a resident alien, the same blasphemetfa Jehovah; that person shall be cut off from anion-,' his people. Because he hath despised the word of Jehovah and hath broken his command, thai person shall be utterly cut off; he shall hear his punishment. Supplemented Priestly Codes Lev. 4 Jehovah gave this command to Moses : -Speak thus t.» the I-r. u ites, 'When any one sins inadvertently, by doing any <>nr of the things which J' .Jehovah hath forbidden, 8 3 if it be the anointed priest who hath sinned, so as to bring guilt on the people, he shall offer to Jehovah lor tin- sin which he hath committed, a young bullock without blemish as a sin-offering. 'He -hall bring the bullock to the entrance of the tent of meeting before Jehovah, and shall lay his hand on the head of the bullock, and kill the bullock before Jehovah. 5 Then the anointed priest shall take some of the blood "I" the bullock, and bring it into the tent of meeting; ''and the priest shall dip his finger in the blood, and sprinkle some of the blood seven times befon Je hovah, before the curtain of the sanctuary. 'The priest shall put some "i the blood on the horns of the altar of sweet incense, which is before Jehovah in the tent of meeting. 8 AI1 the fat of the hullock of the sin-offering he shall take away from it: the fat that covereth the entrails. 1 ' and all the fat that is about the entrails, 9 and the two kidneys, and the I. it that is on them, near the loins, and the fatty mass next to the liver, which mass he shall removi far as the kidneys, 10 as it is taken awa\ from the ox in sacrificing p< offerings; and the priest shall hum' them on the altar of burnt-offering. 11 The hide of the hullock, and all its flesh, with its head, and its legs, and its entrails with their contents, '-even the whole hullock shall he carried J Forth outside the camp to a clean place, where the ashes are thrown out, and he shall burn it on wood with fire: where the ashes arc throw i ) shall it he burnt. 13 And if the whole congregation of Israel err inadvertently, and their error Nu. L5 M lit., for in all tin- /)(•()/)/<' [belongeth what was ■' Nu. 15 28 The Lev. -I 1 " llrli.. cause them to ascend in em* > Lev. 4 1 *' Jh'li.. shall In carry. 25 1 munity Lev. 4 13 ] THE DIFFERENT KINDS OF OFFERINGS Supplemental Priestly Codes For the be hid from the eyes of the assembly, and if they have done any of the things ',','' , , 1 ,Vi 1 ,. which Jehovah hath forbidden and so become guilty, 14 when the sin which they have committed is known, the assembly shall offer a young bullock as a sin-offering, and bring it before the tent of meeting. 15 And the elders of the congregation shall lay their hands on the head of the bullock before Jeho- vah, and one of them shall kill the bullock before Jehovah. 16 And the anointed priest shall bring some of the blood of the bullock to the tent of meeting, 17 and the priest shall dip his finger in the blood and sprinkle it seven times before Jehovah, before the veil. 18 And he shall put some of the blood on the horns of the altar which is before Jehovah, in the tent of meet- ing; but all the rest of the blood he shall pour out at the base of the altar of burnt-offering, which is at the entrance of the tent of meeting. 19 And all the fat of the bullock he shall separate from it, and burn it upon the altar. 20 Thus shall he do with the bullock; as he did with the bullock of the sin- offering, so shall he do with this; and the priest shall make atonement for them, and they shall be forgiven. 21 And the bullock shall be carried out of the camp and burnt, as the first bullock was burnt; it is a sin-offering for the assembly. For a 22 When a ruler sinneth, and is guilty of doing any one of the things which ruler Jehovah his God hath forbidden and so is guilty, 23 if his sin, which he hath committed, be made known to him, he shall bring for his gift a male goat without blemish. 24 And he shall lay his hand on the head of the goat, and kill it in the place where they kill the burnt-offering before Jehovah ; it is a sin- offering. 25 And the priest shall take some of the blood of the sin-offering with his finger and put it on the horns of the altar of burnt-offering, and the rest of the blood he shall pour out at the base of the altar of burnt-offering; 26 and all the fat shall he burn on the altar, as the fat of the sacrifice of peace-offerings. Thus the priest shall make atonement for him on account of his sin, and he shall be forgiven. For a 27 If any one of the common people k sin inadvertently, by doing any of Individ- the things which Jehovah hath forbidden, and so become guilty, 28 and later ual his sin, which he hath committed, be made known to him, he shall bring as his offering a goat, a female without blemish, for his sin which he hath com- mitted. 29 He shall lay his hand on the head of the sin-offering, and kill the sin-offering at the place where the burnt-offering is killed. 30 Then the priest shall take some of the blood with his finger, and put it on the horns of the altar of burnt-offering, and all the rest of the blood shall he pour out at the base of the altar. 31 And all the fat shall he take away, as the fat is taken away from the sacrifice of peace-offerings; the priest shall burn it on the altar as an odor pleasing to Jehovah. Thus the priest shall make atonement for him, and he shall be forgiven.' 1 lor the Lev. 8 14 Then the bullock of the sin-offering was brought, and Aaron i n J, nfy " and his sons laid their hands on the head of the bullock of the sin-offering; of the i r '; U id Moses slew it, and took the blood, and put it on the horns of the altar altar * . k Lev. 4 27 Heb.. people of the land. ... , 1 Lev. 4 31 The law in 32 - 35 gives the same directions in case the sacrificial victim is a lamb. 252 SIN-OFFERINGS [I.i Supplemental Priestly Codes round about with his finger, and so purified the alf ;i r from -in. and poured out the rest of the blood at the base of the altar and so consecrated it. mal atonement for it. Priestly Codes Lev. 6 24 Jehovah said to Moses: Speak t<> Aaron and t<> hi- sons, and D - say to them, 'This is the law of the sin-off ering : In the place where the 1 .unit offering is killed shall the sin-offering be killed before Jehovah; it i- most holy. 2b The priest who offers it for sin shall cat it: in a holj place shall it be eaten, in the court of the tent <>f meeting. ^ Whoever toucheth the flesh of it shall become holy; and if any of the blood of it >hall be Bprinkled on a gar- ment, thou shalt wash the garment thus sprinkled in a holy place. -\viid every earthen vessel in which the flesh hath been boiled shall !«■ broken; and if it be boiled in a bronze vessel, this shall be scoured, and rinsed with water. 29 Any male among the priests may eal of it ; it is mosl boh, . m no sin-offering, of which any of the blood is broughl int., the nut <>f □ make atonement in the holy place, shalt 1'" eaten; it shall he burnt with §205. The Yearly Sin-offering, Nu. 16-*-<» <' ■«« Priestly Codes Nu. 16 29 It shall be an everlasting statute For you : On the tenth day of Etitoal the seventh month, ye shall afflict yourselves, and shall n<> work at all. , whether it be the native born or the alien who residetb anion- you; ^for on this day shall atonement be made for you. to cleanse you; ye shall be cleansed from all your sins before Jehovah. 3 'It is a sabbath of complete rest for you, and ye shall afflict yourselves: it is a statute forever. :; -'And the high priest who shall be anointed and installed as priest in his father'- place shall make the atonement, and shall put on the holy linen garments; ;: aml be shall make atonement for the holy sanctuary: and he shall make atonement for the tent of meeting, and for the altar: and he shall make atonement lor the priests, and for all the people of the assembly. Ma And this shall be an ever- lasting statute for you, that atonement be made f..r the Israelites because ol all their sins once every year. §206. The Red Cow, Nu. 1!)' ' ■ [" - . Sl»' •'•] Supplemental Priestly < 'odes Nu. 19 * Jehovah spoke thus to Moses and Aaron: Thi- i- the statute I of the law which Jehovah hath commanded, 'Speak" to the Israelites, that ^ — — — — — — — - \ I., lev (•,-'-"' The basis c.f this law is the earlier priestiy directions. ■ Lev 6 30 This vs. is an awkward addition to the preceding la* §206 This rite, like the kindred one in Dt 21' . H» , ■ ^enU^«ry old , , cases the rdle of the prienl is unimportant. He has evidently lwe n in r h. ^ ; 5fp^ " Nll p.,. il,i,.. s],n,k thou: M.-ses alone ii addreaaed and aaron ii diaw^rded. Tin plural subject is resumed in >, but the Gk. has the singular. 253 NY. i!)-'] THE DIFFERENT KINDS OF OFFERINGS Supplemental PrieMy Codes they bring thee ;i red cow, p faultless in which there is no blemish, and upon which a yoke hath never come. 3 And ye shall give her to Eleazar Q the priest, and she shall be taken outside the camp and be slain before him; 4 and Eleazar the priest shall take some of her blood with his finger, and sprinkle it toward the front of the tent of meeting seven times. 5 Then the cow shall be burnt in his sight; her hide and her flesh, and her blood, 1- with her dung, shall he burn. ''And the priest shall take cedar wood, hyssop, 53 and scarlet thread, and cast them into the midst of the burning carcass of the cow. 7 Then the priest shall wash his clothes and bathe his flesh in water, and afterwards he shall come into the camp, and the priest shall be unclean until evening. Wnd he that burnetii her shall wash his clothes and bathe his flesh in water, and shall be unclean until evening. 9 And a man ceremonially clean shall collect the ashes of the cow and lay them up without the camp in a clean place; and it shall be kept for the congregation of the Israelites as a water for the removal of impurity; it is a means of removing sin. 10 And he who collecteth the ashes of the cow shall wash his clothes, and be unclean until the evening; and it shall be for the Israelites and the alien who resideth among them, a statute forever, its use n He that toucheth the dead, even any human corpse, shall be unclean seven days; 12 that one must purify himself therewith on the third day and on the seventh day, and so become clean; but if he do not purify himself the third day and on the seventh, he will not become clean. 13 Every one who toucheth a dead person, the corpse of any man who may have died, and doth not purify himself, defileth the dwelling of Jehovah. That person shall be cut off from Israel; because the water for impurity was not thrown over 1 him, he shall be unclean; his uncleanness is yet upon him. older and yet in many respects parallel regulation of Dt. 21 , moral as well as ceremonial guilt is assumed; but in both cases a young cow (in Dt., heifer), which has done no work nor borne the yoke, is sacrificed. While the institution is evidently very old and may well come from an age when it was thought necessary to sacrifice to the spirit of the dead lest he take vengeance upon the living (cf. Bewer in JBL XXIV., 1 pp. 41-44). the law in Nu. 19 1 " 13 reveals the marks of late priestly adaptation. Its object is purely ceremonial cleansing. The sacrifice takes the form of a whole burnt-offering. Cedar wood, hyssop and scarlet thread, used in the cleans- ing of lepers. Lev. 14, are added to the mixture. These may be simply symbolic, or may represent primitive survivals or later importations. The closest parallel to the rite as a whole is the Roman custom of using the ashes of calves in lustration, Ovid, Fast. IV. 639, 72.5, 733. Cows' urine was also frequently employed in India for ceremonial purification, cf. Gray, Numbers, 246, 247. Red oxen were required tor certain sacrifices by the Egyptians. It seems clear that in this law several primitive motifs have been combined and adapted by the priestly lawgivers to the higher religious ends. The exact meaning of all the symbolism is not certain. The final product, the water for the removal of impurity, contained and therefore represented sacrificial blood and flesh and the whole burnt-offering, as well as medicating herbs, and therefore symbolized the methods of ceremonial purification in vogue in later priestly codes. Aside from the subsequent detailed directions, . regarding the use of the water of purification in the case of contact with a corpse, cf. § 181, and in the late law regarding the purification of the spoils of war, Nu. 31 23 , § 184, there is no reference to this rite in the O.T. Hence if ancient, it was only at a later period inserted in the Pentateuch. i Nu. 19- Not necessarily a heifer, as the current translations assume without any support in the lie!,. \n. I'.* :; Eleazar, not Aaron, is appointed to this task, for it involves ceremonial pol- lution. r Nu. 19 5 This is the only case in the O.T. law when the blood was burnt; the reason is because the ashes were later used for purification, or else it is a survival from a primitive age when the blood as well as the flesh was consumed in the burnt-offering. • Nu. 19* Hyssop is but a late conjecture of the Talmudists. From I Kgs. 4 33 it may be inferred that it was a climbing plant. 1 Nu. 19 13 The verb means to throw in copious quantities. 254 LEPROSY OFFERING [Lev. n- §207. Leprosy Offering, Lev. It — <« ["->J ?' -=3 [;*-3:. - Priestly Codes Lev. 14 2 This shall be the law of the leper in the daj when he i- cleansed: Ritual he shall he brought to the priest; :; ;m<• cleansed two living clean birds, cedar wood, scarlet, and hyssop; 'and the priesl shall command to kill one of the birds in an earthen vessel over r unning water. 'Ilr shall then take the living bird, the cedar wood, the scarlet and the hyssop, and shall dip them and the living bird in the blood of the bird that was killed over the running water; 'and he shall sprinkle the blood seven times upon him who is to be cleansed from the leprosy, and shall pronounce him clean: then he shall set free the living bird in the open field. "'And on the eighth day the cleansed leper shall take two male lambs without blemish, and one female land) a year old without blemish, and as a cereal-offering, three-tenths of an ephah of fine meal mixed with oil, and one log <»t' oil. -'And if the cleansed leper be poor, anil his means are not sufficient for p.-.r this, he shall take one male lamb as a guilt-offering to be waved, to make atonement for him, and one-tenth of an ephah of fine meal mixed with oil as a cereal-offering, and a log u of oil, --'and two turtle-dove- or two young pigeons, as his means permit: and the one shall be a sin-offering and the other a burnt-offering. - :J And on the eighth day he shall bring them for his cleansing to the priest, at the entrance of the tent of meeting, before Jehovah. v §208. Jealousy Offering, Nu. 5 12 >>. > 3 ». <• 16 - 1S - »■ 23 - : «- »••• ""•• »' Priestly Codes Nu. 5 12b If a man's wife turn aside and is unfaithful to him. ' !:,r and I a man enter into illicit relations with her and it be hid from her husband, and Ottering there be no witness against her and she be not caughl in the act. ' "then tin- man shall take his wife to the priest, and shall bring an offering for her, the tenth of an ephah of barley meal: he shall pour no oil upon it nor put frank- incense on it for it is a cereal-offering of jealousy, a memorial cereal-offering, bringing iniquity to remembrance. 18 Then the priest shall place- the woman before .Ichovah. and loo-en the Vlmin- hair of her head, and put in her hands the memorial cereal-offering, which is tin- cereal-offering of jealousy, and the prie-t shall hold in hi- hand the ■ : ." water of bitterness which causeth the CUTSe. -'Then the prie-t shall make the woman swear with the oath of execration, and tin- prie-t -hall -ay to the woman. Jehovah make you an execration and an oath among thy | pie, when Jehovah causeth your thigh to fall away, and your bod} to swell. §204 For the full details regarding the presentation of the .litT.-r.-nt k »*Lev. 14-' According to tlm Rabbis :t little leas than a pint * I ,, v | i Possibly ilii~ provision f"r the i"»>r man s offering is :t later aaaiuoo. § 208 For the origin and analysis of the la* of. aoti 255 N, 523] THE DIFFERENT KINDS OF OFFERINGS Priestly Codes Water - :? Then the priest shall write these execrations in a book, and he shall ' t ; , 1 l i ; 1 ,!^ wipe them off into the water of bitterness, 24 and he shall make the woman drink the water of bitterness that causeth the curse, so that the water that causeth the curse may enter into her and become bitter. 26a The priest shall also take a handful of the cereal-offering, as its memorial-offering, and burn it upon the altar. 27b Thus the woman shall become an execration among her people. 31 The man shall be free from guilt, but the woman must bear her own guilt. § 209. The Daily Sacrifice, Ex. 29^-« [Nu. 28»-»], Ex. 30'. * Supplemental Priestly Codes Mom- Ex. 29 38 Now this is what thou shalt offer upon the altar: two yearling f"nn° f " lambs regularly each day. 39 One lamb thou shalt offer in the morning, and the other lamb thou shalt offer towards evening; 40 and with the one lamb a tenth of an ephah of fine meal mixed with the fourth of a hin of beaten oil, and the fourth of a hin of wine as a libation. Even- 41 The other lamb thou shalt offer towards evening, and shalt deal with it fenng" as witib the cereal-offering of the morning and its libation, as a pleasant odor, an offering made by fire to Jehovah. 42 It shall be a regular burnt- offering throughout your generations at the entrance of the tent of meeting before Jehovah, where I will meet with thee, w to speak there to thee. x Incense Ex. 30 7 On the altar of incense Aaron shall burn incense of sweet spices; i'.;;;),,, each morning, when he taketh care of the lamps, he shall burn it. 8 When Aaron lighteth the lamps towards evening, he shall burn it as a perpetual in- cense before Jehovah throughout your generations. § 209 Neh. 10 23 seems to imply that in the days of Ezra and Nehemiah but one animal was offered daily. Before the exile the daily offering consisted of a burnt-offering in the morning and a cereal-offering in the evening, II Kgs. 16 15 . Ezek. assigns both of these offerings lo tin- morning. The Chronicler, however, speaks of two burnt-offerings, I Chr. 16 40 , II Chr. 13", : j .l : . It would appear that the double offering was introduced some time after 400 B.C. and that these laws, therefore, belong to the latest supplements to the priestly codes. w Ex. 29 4 '-' So Gk., Syr., and Sam. Heb., you. 1 Ex. 29 w Gk., reveal myself to you. 256 THE SABBATH [Ex. .:H I Thk Pbe-Exilic Sacked Calendah §210. The Sabbath, Ex. 3l-\ 28" [20« :. I >t. S ■ Primitive Codes Ex. .34 21 Six days shalt thou work, but on the Beventh day thou shall rest; in plowing time and in harvesl thou shall rest. The Pre-Exilic Sacred Calendar. — The external religiou tiquity centred about certain great festivals. This I tinns. In the earliest days the festivals were supremely significant, since the united worship of the family or tribe or cation. Through them the bond '■ different members of the community was strengthened by social ii I feasting, merrymaking and worship. The joyous element was also verj p before Jehovah, is the ordinary idiom used in I". to describe dancing, drinking and processions probably all entered into tin- great saci Am. 2 V , 5 21 , Judg. L'l". Is. 28 7 ' \ I Sam. 1". At these times, also, the ■ Jehovah and liis people was renewed, as the men and women brought up their gifts u tribute tn their Divine King. In the early period there were three great annual festivals. Thi oft-reiterat< I mm- mand, Three times in the year shall all thy mules appear !■ belongs to the oldest decalogues. It voices one of the fundamental requirements of Israel's primitive faith. In addition to the early festivals, the new moon and I apparently also date from Israel's earliest historical period. The moon, called by the He- brews the wanderer, not only fixed by it- different phases the calendar, but aJ occupied a central place in the religion of the primitive ancestors of the I i\ Ut and JIaran, whence the Help, traditions trace the origin of their ~ a. the moon god. was the chief deity. Even the -acred Mount Sinai hear- the n.ii f the moon g id. .1 refers to the worship of the moon; cf. also Ezek. .y and Is. 3 W . The new n d f< frequently mentioned in the earliest O.T. hooks, and was clearly one of the oldest of I institutions; it was, in fact, shared with all primitive Semitic peoples. Accordi I 20-1-6. 27. si jt waa celebrated by the clan with sacrificia] offerings. II : that it was also made tl CCasion for visits to tlie prophet-. Am. 8 s , Is. 1 ind H it with the sabbath and suggest that if was an occasion of merrymaking ai labor. Its omission in the pre-exilie laws is probably because the lawgivers wen to countenance its rites and associations. Throughout all the pre-exilic law.- the di> inspired prophetic endeavor to eliminate the older heathen customs an ' with the ancient festivals and to introduce nobler usages and to give them a rj ind spiritual content is prominent lv in evidence. §210 It is very probable that originally the Babbath was connected with the foul of the moon and that, like the feast of the new moon, its background is thi worship, suggested by many of Israel's earliest institution-. Whethi I the Heb. word sabbath be traced to the Assyrian, shabatu, to root meaning to tad off, interrupt, it suggests the changing phase- of the o. The d of the month into weeks in accordance w ith the four quarters of the moon was known in many parts of the ancient world. Thus the Hindus had such a division, with -: I the new and full moon, cf. Ps. 81?. En this connection it is ii.icr.--t ink' to I ■ that » Inn the dates of tie [sraelitish feasts were definitely fixed the days selected wei the I ill The moon ii-.-H also establishes the unit Beven, for seven day- .-.ft. r the first -f the new moon it is half full, and on the fourteenth it is full. The arbitrary fix at the end of every six days, irrespective of the lunar month, appeal the strong tendency already observed in the pre-exilic lawgivers to break awaj from all tra- ditions connected with primitive moon worship. The week among the Egyptians contained ten days, and then' are no clear in of the division of the month into weeks among the Babylonians. The forbiddii acts as unlucky on the 7th. 14th, 19th, 21st and 28th of the intercalary month I suggests, but certainly does not prove the existence of an institution in Babylon the Heb. sabbath. Furthermore at the time when the Jews came the Babylonians, the priestly lawgivers emphasised sabbath observance n distinctively [sraelitish institution. More probal.lv it was inherited from the agricultural Canaanites. I Itimately the origin of the Babbath is to be traced back to tin Of the Hebrews and the < 'a naanites, who paid chief homage to the moon, w light guided them ill their night journey- ..ut the plain- of North. like the new moon, it was doubtle b ob ervt i festival. \e a i remission of labor which accompanied everj ancient feast, cf. In the hai Israel's prophetic lawgivers the element of rest was givi n the fii was made secondary, probabl note § l'l 7. 257 Ex. 2S 12 ] THE PRE-EXILIC SACRED CALENDAR Primitive Codes 23 12 Six (lavs shalt thou do thy work, but on the seventh thou shalt rest, that thine <>\ and thine ass may have rest, and that the son of thy female slave, and the resident alien may be refreshed. Deuteronomic Codes Rest Dt. 5 12 Observe the sabbath day, to keep it holy, as Jehovah thy God ind man commanded thee. 13 Six days shalt thou labor and do all thy work, 14 but beast the seventh day is a sabbath to Jehovah thy God; in it thou shalt do no work, thou, nor thy son, nor thy daughter, nor thy male or female slave, nor thine ox, nor thine ass, nor any of thy cattle, nor the alien who resideth within thy city, that thy male and female slave may rest as well as thou. 15 Thou shalt also remember that thou wast a slave in the land of Egypt, and Jehovah thy God brought thee out from there by a mighty hand and an outstretched arm; therefore Jehovah thy God commanded thee to keep the sabbath. § 211. The Passover, Ex. 34 2Sb , 23 18b , 12 21 - 28 - 25 «», Dt. 16 1 - 2 - * b -' Primitive Codes Dis- Ex. 34 25b The sacrifice of the feast of the passover shall not be left until ?h°epa°- the morning. chal 23 ist>The fat of my feasts shall not remain all ruVht until the morn- lamb . J ° ing. Tradi- 12 21 Then Moses summoned all the elders of Israel and said to nn'gln them, Draw out and take lambs from the herds for your families and kill of pass- t ne passover. a 22 And ye shall take a bunch of hyssop, and dip it in the blood that is in the basin, and strike the lintel and the two side posts with § 211 As in the case of the modern Christmas festival, the passover in its ultimate form represents the fusion of several distinct and fundamentally different elements. At its basis probably lies the very ancient and widespread Semitic custom of sprinkling the poles of the tent with the blood of a sheep on special occasions in order to protect the occupants from pestilence and calamity. In time perhaps this became an established institution, and, pos- sibly by the nomadic ancestors of the Hebrews, was associated with the annual spring festival at the beginning of summer. This spring festival was the occasion when all the members of the clan came together to re-establish the bond with the tribal god. It was characterized by the slaughter of a lamb amidst feasting and rejoicing, cf. Barton, Semitic Origins, pp. 110, 111. Ex. 10 9 implies that it was already a fixed institution among the Hebrews in Egypt. The command in Dt. to celebrate it in the evening and not leave any flesh until the morning also suggests that it was originally a lunar feast, coming from a period when the ancestors of the Hebrews were moon worshippers. When the Hebrews entered Canaan they found smong the Canaanites the corresponding agricultural spring festival. In adopting the native civilization and rites, it was natural that ' they should combine the two. For the Canaanite feast cf. § 212. Possibly following the example of the Canaanites, the Hebrews added to the passover feast the custom of bringing to the sanctuaries the first-born of their herd. In time the original content of the feast was forgotten and Israel's religious teachers improved the opportunity to give to the Semitic spring festival, with its blended nomadic and agricultural elements, a truly national and religious meaning by associating it with the great deliverance from Egypt. This nobler interpretation is first clearly formulated in the Deuteronomic codes. In connecting it thus with a definite event in Israel's history, the prophetic lawgivers concretely emphasized the dominant note of thanksgiving which appears to have characterized the feast from its earliest beginnings. For the later modifications, cf. § 218. » Ex. 12- 1 '-' 7 The account of the deliverance from Egypt in Ex. 12 21 - 23 , with the exception of a few obvious editorial additions, appears to come from the early Judean prophetic narratives, cf. Vol. I, note § 71. Vss. - 5 - 7:l , which trace the origin of the passover to the deliverance from Egypt, have the striking literary characteristics and ideas of the Deuteronomic school of writers, cf. it with Ex. 13 3 and Dt. 6 10 , 16 1 . 4a " 7 . 258 THE PASSOVER [Ex. i .■•■ Primitive Codes the blood that is in the basin; but none of you shall go oul of the r of his house until morning. ^For Jehovah will pass through to smite the Ei tians; and when he seeth the Mood upoE the lintel and on the two side posts, Jehovah will pass over the door and will not suffer the Destroyer to come into your houses to smite you. Deuteronomio Codes Ex. 12 25 When ye come to the land which Jehovah will give jrou, as be hath promised, ye shall observe this service. -''Ami when your children shall say to you, What mean ye by this service? - 7:i ye shall Bay, "ll is the passover sacrifice to Jehovah who passed over the homes of the Israelites in Egypt* when he smote the Egyptians and delivered our houses. 9 Dt. 16 1 Observe the month Abib, 1 ' and keep the passover to Jehovah I thy God; for in the month Abib .Jehovah lh\ God brought thee forth From Egypt by night. d 2 And thou shalt sacrifice the passover to Jehovah thj God, both sheep and oxen, at the place where Jehovah shall choose to have bis name dwell. e 4b None of the flesh which thou sacrifices! the first day at evening shall Method remain throughout the night until th<- morning. v l'l mayest not sacrifice Serving the passover within any of thy cities, which Jehovah thy God givetfa thee; 6 but at the place where Jehovah thy God shall choose to have hi- name dwell, there thou shall sacrifice flic passover in the evening a- the sun goeth down, at the fixed time 1 when thou earnest forth From Egypt. "And thou shalt cook 8 and eat it in the place which Jehovah thy God shall choose; thru thou shall return home' 1 in the morning. §212. Feast of Unleavened Bread, Ex. !51 17 - '« [23 M - •'■■ 1: ), IS ' . I >t 16 '*• » I' rim it ire Codes Ex. 34 17 Three times in the year shall all thy males appear before the I Lord Jehovah. ls The feast of unleavened bread shall thou keep Seven b Dt. 16 1 The month Abib means the month of freah or young ears. If is the ancient Heb. name fur the month which corresponds to the Nisan (March- April), when the train in Palestine was just beginning to put forth the green heads. c Dt. Hi 1 Lit., make. d Dt. 16' Cf. Ex. 12». ' Dt. l « » - For the prohibition against eating leavened bread, of. the next section. ' lit. It; 11 /. c, the same time in the day. e Dt. 16 7 Lit., boil. In Ex. 12° the priestly writers prohibit boiling the paschal lamb in water. h Dt. 16 7 Lit., turn to go to thy trn/x. §212 The command to appear three times before Jehovah implies that, if the feast of unleavened bread was known to the earliest Heb. lawgivers, it had already been brought into close conjunction with the passover, as it is in the later Deuteronomio and priesUj i Such a fusion was in time natural, fur both apparently represent the primitive Semitic spring festival, the one, as it was observed by the agricultural Canaanitee, and the other by thi madic ancestors of the Hebrews. Having fused the two feasts, the Deuteronomio lawgivers naturally connect both with the deliverance from Egypt and call the unleavened bread the bread of affliction. Among the earlier agricultural inhabitants "f Canaan it was evidently the first of the three great harvest festivals the time when the Bickle was put t" the standing grain and the people brought to the Deity the first sheaf of grain, cf. Lev -'•»": possiblj cakes of unleavened bread and a sacrificial offering. It would appear that during tins busy first week of harvest the i pie had no tii >r desire to await the Blow working of the leaven, but gladly ate the bread made quickly from the unleavened dough, Cf. I thei Gen. 18 a 19 J and Josh. 5". Naturally in turn this custom nre\s into a fixed institution, 259 Ex. :U 18 ] THE PRE-EXILIC SACRED CALENDAR Primitive Codes days thou shall eat unleavened bread, as I commanded thee, at the time appointed in the month Abib; for in the month Abib thou earnest forth from Egypt. Devteronomic Codes Ex. 1 3 3 And Moses said to the people, 1 Remember this day, in which ye came forth from Egypt out of the house of bondage; for by a strong hand j Jehovah brought you out from that place; therefore shall no leavened bread be eaten. 'This day ye go forth in the month Abib. 5 And when Jehovah shall bring thee into the land of the Canaanites, and the Hittites, and the Aniorites, and the Hivites, and the Jebusites, which he promised by oath to thy fathers to give thee, a land abounding in milk and honey, thou shalt keep this service in this month. 6 Seven days thou shalt eat unleavened bread, and on the seventh day shall be the feast to Jehovah. [to his- "Unleavened bread shall be eaten throughout the seven days; there shall Big-nil- no leaven be seen with thee, nor shall leaven be seen with thee in all thy cauce territory'. 8 And thou shalt tell thy son in that day, It is because of what Jehovah did for me when I came forth out of Egypt. 9 And it shall serve as a sign to thee upon thy hand, and as a memorial between thine eyes, that the law of Jehovah may be in thy mouth; for with a strong hand Jehovah brought thee out of Egypt. 10 Thou shalt, therefore, keep this ordinance at a set time from year to year. Com- Dt. 16 3 Thou shalt eat no leavened bread with the passover; seven days w m n shalt thou eat unleavened bread therewith, even the bread of affliction, for the thou earnest forth from the land of Egypt in trepidation, that thou mayest re- over member the day when thou earnest forth out of the land of Egypt k all the days of thy life. 4a And for seven days no leaven shall be seen with thee in all thy territory. 8 Six days thou shalt eat unleavened bread; and on the seventh day shall be an assembly to Jehovah thy God; in which thou shalt do no work. §213. Feast of Weeks or Harvest, Ex. 34"», 23 16a , Dt. 16s- 11 Primitive Codes At end Ex. 34 22a Thou shalt observe the feast of weeks, even of the firstfruits grain of wheat harvest. harvest Originally the date of this harvest festival was fixed simply by the ripening grain. Hence it differed from year to year in different parts of the land. When at length it was closely com- bined with the passover feast and was celebrated not at the local shrines but at Jerusalem, a definite date became necessary; this is fixed in the exilic and post-exilic codes, cf. § 218. 1 Ex. 13 3 The basis of the law in Ex. 13 3 - 10 was probably found in the early Judean pro- phetic narratives. Linguistic evidence and the implications elsewhere in the narrative suggest that this originally read, 3a And Moses said to the people, 4 This day ye go forth in the month Abib. ''Seven days shall ye eat unleavened bread, and on the seventh day shall be a feast to Je- hovah In the present text, however, the person has been changed to, thou, possibly under the influence of Ex. 34 ls . i Ex. 13 3 Lit., slrenqth of hand. k Dt 16' Cf. Ex. 12 ri4 . ». § 213 The feast of weeks or harvest marked the end of the grain harvest. In the primitive codes the exact date is not fixed; in the Deuteronomic the date is still determined by the ripen- ing 'if the grain, but that it might be observed at the same time it is to be held seven weeks after the feast of unleavened bread. From Ex. 23 l6a it may be inferred that its oldest name 260 FEAST OF WEEKS OR BARVEST [I. Primitive Codes 23 16a Thou shalt observe the feast of harvest [the feast of] the firstfruits of thy labors, which thou hast sown in the field. Deuteronomic Codes Dt. 16 9 Seven weeks shalt thou number l<> thee; from the time thou Beven beginnest to put the sickle to the standing grain shall thou begin to number the seven weeks. l0 And thou shalt keep the least of weeks to Jehovah thy God according to the measure of the voluntary offering which tin hand shall present in proportion as Jehovah thy God blesseth thee. "Thou and thy son and thy daughter, thy male and female slaves, and the Levite, who dwelled] in thy city, and the resident alien, the fatherless and the widow, who live with thee, shall rejoice before Jehovah in the place where Jehovah thy God shall choose to have his name dwell. §214. Feast of Ingathering or Tabernacles, K\ 54 ■ . 23 , Dt. IG 13 " Primitive Codes Ex. 34 22b Thou shalt observe the fea>t of ingathering at the end of the Bar- year. Ex. 23 16b Thou shalt observe the feast of ingathering at the end of the year, when thou gatherest in the fruit of thy labors from the field. Deuteronomic Codes Dt. 16 13 Thou shalt keep the feast of tabernacles seven <\;ut its origin maj be traced back to the nomadic autumn festival when the Ixabs n torted, as they Mil to gather their Bupplj of dates. Its designati n the primitive codes well di was the feast of ingathering at the close of the summer, tn spirit it correspond* cl in Thanksgiving, its date is left indeterminate in the i ipparenth eelel, rated for only a daj or two and at the local sanctuarii I - mi. i :; ; but the Deuteronomic lawgivers extended it to a week and transferred it to the temple at .Jerusalem. They also designate it as the featt <>/ booth*, or following the ■ terminology, of tabernacles. < if the three great feasts it »a< the most important it did at the dose of the year's work. Thus Solomon chose it for the dedi< ation ul I I Kgs. 8 2 < '" In I Kgs. 1- •' it i- stated that Jeroboam arranged that tL observed in Northern Israel m the eighth instead of the Beventh month m '" Judah. Cf. for its later development, 1 222. Ex.23 10 ] THE PRE-EXILIC SACRED CALENDAR §215. Sabbatical Year, Kx. 23">. » Dt. 15™, 31i°-> 2 Primitive Codes Sharing Ex. 23 10 Six years thou shalt sow thy land, and gather in its increase; "' ',"" ll but the seventh year thou slialt let it rest and lie fallow; that the poor of prod- thy people may eat; and what they leave the wild beasts shall eat. In like UCt3 manner do with thy vineyard and thy oliveyard. Devteronomic Codes Tempo- Dt. 1 5 a At the end of every seven years thou shalt make a release. 2 And nScfn this is the nature of the release : every creditor shall remit that which he hath " hut to his neighbor; he shall not exact of his neighbor or fellow countryman, debtS because Jehovah's release hath been proclaimed. 3 Of a foreigner thou may- est exact it; but whatever of thine is with thy fellow countryman let thy hand release. Public 31 10 Moses gave the Israelites this command : At the end of every seven |','f :i ( ' 1 l 1 1 l !' K years in the year fixed for the release, at the feast of tabernacles, n when all °aw 6 Israel cometh to see the face of Jehovah thy God in the place which he shall choose, thou shalt read this law before all Israel. 12 Assemble the people, the men and the women and the children, as well as the aliens who reside within thy city, that they may hear, and learn, and fear Jehovah your God, and faithfully follow all the words of this law. 1 The Sacred Calendar of the Post-Exilic Hierarchy §216. The New Moon, Nu. 28 11 - 15 Supplemental Priestly Codes Regu- Nil. 28 n On the first days of your months ye shall offer a burnt-offering ferui's to Jehovah : two young bullocks and one ram, and seven yearling lambs §215 Cf. note § 112. , , , , « ' Dt. 31 12 The law referred to is the body of the book of Dt. The Sacred Calendar of the Post-Exilic Hierarchy. — The centralization of all wor- ship in Jerusalem and the Babylonian exile fundamentally transformed the character of Israel's religious festivals. Under the dark shadow of the exile they lost their old joyous nature. Cuilt- and sin-offerings took the place of the old family feasts and the entire energy of the community was devoted to regaining Jehovah's favor through an elaborate ritual. The great festivals were also detached from their original close connection with the agricultural occu- pations of the people; exact dates were now fixed for each, and nearly the same ritual was observed at all of them. Their older origin and meaning was also forgotten and they were associated in the later traditions more and more with great national events in Israel's history. Not only was the ritual made much more elaborate, but new religious feasts were added, cf. Appendix X. This was but the earlier manifestation of a tendency which. went on after the canon of the law was closed. During the Maccabean period five more festivals were added, including the feast of Purim, the feast of Dedication, and the feast of Nicanor. Thus the life of Judaism centred more and more about the terrfple, and the nation lived in the memory of the past and devoted its energies to the performance of the demands of its elaborate ritual. § 216 As has already been noted, cf. introd. note on the Primitive Sacred Calendar, § 210, the feast of the new moon was one of the oldest institutions among the Hebrews. Originally it appears to have been a family feast, celebrated with a clan sacrifice. If the pre-exile law- ttivits deliberately refused to recognize it, because it contained so many heathen customs, their effort to set it aside failed. Ezek. provides for worship on the new moon, as well as the sabbath, 46 3 . With the general centralization of worship which resulted from the application 262 THE NEW MOON [\i Supplemental Priestly Codes without blemish, 12 and three-tenths of an ephah of fine meal as a cereal- offering, mingled with oil, for cadi bullock, and two-tenthfl of an ephah (tf fine meal as a cereal-offering, mingled with oil, for one ram, l3 and a tenth of an ephah of fine meal mingled with oil as a cereal-offering for each lamb, as a burnt-offering of a pleasing odor, an offering made by lire to Jehovah. 14 And their libations shall be half a hin of wine for a bullock, ami a third of a hin for the ram, and a fourth of a hin for the lamb; this i> the burnt-offering of the new moon to be offered at every new moon throughout the year. 15 Moreover one male goat shall be offered as an offering to Jehovah, with the regular burnt-offering. §217. The Sabbath, Lev. 19 3 ^ [*», 26 s ], Ex. 81"-", 36' , Gen 2*. \ Ex. 81 "-», Lev. 23 3 , Ex. 16" -■* Nu. l^-- 30 , 28". " Holiness Code Lev. 19 3b Ye shall keep my sabbaths: I am Jehovah your God. Ex. 31 '-'Jehovah spoke thus to Mose , Say thou to the [araelit ' 5 e -hall |,| surely keep my sabbaths; for it is a sign between me and you throughout your generations that ye may know that I am Jehovah who am sanctifying you. 14 Ye shall keep the sabbath, therefore, for it is holy to you; everyone who profaneth it shall surely be put to death; for whoever doeth any work in it, that one shall be cut off from among his people.' Priestly Codes Ex. 35 1 Moses assembled all the congregation of the Israelites and I said to them, These are the things which Jehovah hath commanded you ","„■ :1 , of the Deuteronomic law, it oeasi-il in time to be a family feast. Thus transferred t" the temple, ■ it lost its older character and became simply a ceremonial function, observed, a- the above law directs by the offering of stated sacrifices. Thai Li -I'll occupied a place in the heart* of the people is shown by the references in Is. 66 2S and Judith 8*. §217 As has already been suggested in § L'lO. the sabbath in the most primitive- pa was apparently, like the new moon, a religious festival in honor of the Deity. The prophetic lawgivers, however, like the .-treat Prophet of Nazareth, for humane reasons gave the elemen t of rest the central position. As in the case of other institutions, the late priestly laws revised the primitive ritualistic conception of the sabbath and emphasised the necessitj of abstaining from labor, not for man's sake but as an element of worship. '1'he later I did not cease until in their tradil al precedent . connected as usual with Moses, thej made labor on that day a capital offence. In this group of laws we sec the first full expn of that tendency to make the sabbath a central and saving institution, which later made .ludai-m absurd and filled the Talmud with a vast body of minute and impossible law-. Again the conditions of the e\ile explain why the sabbath, heretofore only one of national festivals, assui 1 a central place in the post-exilic calendar. All the othi feasts had been by the law of Dt. bound closely to the now destroyed temple and saeied City; hence they necessarily, for a time at least, fell into abeyance. The sabbath alone could be ob- served by every member of the -eat tered race, « lei ever the exile had cast him. The sabbath, therefore, met the deep need, which the .lews in this and succeeding periods felt for a definite time for worship and communion with Jehovah. It satisfied then rehjpous needs, it kepi alive their faith, and its observance soon became the distinctive mark of a loyal member "f tin- race. For many it stood us tin- symbol of the whole I ittle wonder, there! that it bulks as largely us it does in the Literature and thought of earlier Judaism. Deeper still, underlying the institution and giving it eternal validity, is tin- fact that m its provision for rest and the recreation of body, mind and soul, it meets :i fundamental aiel universal human need. Il w:i the n olute need that led .le-u- to sweep away with one stroke all the traditions and misinterpretations, «iih "Inch men had covered " . and thereby to reveal it in its true character as one or God's supreme gifts to his toiling children. " Ex. 31 ,s " A very late priestly editoi has evidently here made extracts from the Holiness Code the basis for a more expanded sabbath law. the latei term an i pi.: i • an- readU) recognized. 263 sign Ex. 35 1 ] THE POST-EXILIC SACRED CALENDAR Priestly Codes to do. -Six d.ivs shall work be done; but on the seventh ye shall have a day consecrated to Jehovah, a sabbath of complete rest; b whoever doeth any work in it shall be put to death. 3 Ye shall kindle no fire in any of your dwellings on the sabbath. The Gen. 2 -When on the seventh day God had finished his work which he ^2m! had done, and nslcd on the seventh day from all his work which he had pie done, 3 God also blessed the seventh day and hallowed it; because in it he rested from all his work which he, God, had done in the process of creation. Supplemental Priestly Codes A holy Ex. 31 15 Six days shall work be done, but on the seventh is a sabbath of complete rest, holy to Jehovah; whoever doeth any work on the sabbath shall surely be put to death. I6 Therefore the Israelites shall keep the sab- bath, by observing the sabbath throughout their generations as a perpetual covenant. 17 It is a sign between me and the Israelites forever; for in six days Jehovah made heaven and earth, and on the seventh day he rested and was refreshed, l >ay of Lev. 2 3 3 Six days may work be done, but on the seventh day is a sabbath rest™ 11 °f complete rest, a holy religious assembly; ye shall do no work at all; it is a sabbath to Jehovah in all your dwellings. Tradi- Ex. 16 22 On the sixth day [the Israelites in the wilderness] gathered ! ,',',' !,'.?.'_ twice as much bread — two omers for each one — and all the rulers of the dents: congregation came and told Moses. 23 And he said to them, This is because the wil- Jehovah hath commanded, 'To-morrow shall be a day of rest, a sabbath con- demess secra t e( | ( () Jehovah. Bake that which you wish to bake and boil that which you wish to boil; but all that is left over lay up in order to keep it until to- morrow.' 24 So they laid it up until the next day, as Moses commanded, but it did not become foul, nor were there any worms in it. 25 And Moses said, Eat that to-day, for to-day is a sabbath to Jehovah; to-day you will not find it in the field. 26 Six days shall you gather it, but on the seventh day, the sabbath, there will be none. Public Nu. 15 32 While the Israelites were in the wilderness they found a man tfonof gathering sticks on the sabbath. 33 Then those who found him gathering fender sn ' c k s brought him to Moses and Aaron and to all the congregation. ''And they put him in confinement, because he had not clearly explained what should be done to him. 35 Jehovah said to Moses, The man shall surely be put to death, and the congregation shall stone him outside the camp. 36 So all the congregation led him outside the camp and stoned him to death, as Jehovah commanded Moses. Etegu- 28 9 Ye shall offer on the sabbath two yearling male lambs without blemish, i,'|, h ' " and two-tenths of an ephah of fine meal as a cereal-offering, mingled with offering Q \\^ iUU \ j( s [jbation; '"this is the burnt-offering of every sabbath, besides the regular burnt-offering and its libation. 1 I -.. :;.">-' Heb., n holy day, a sabbath of complete rest to Jehovah; but cf. 16 23 and 31 15 . c Lev. 23 :! J. it., a holy calling together. 264 THE SABBATH [Li §218. Feast of the Passover and Unleavened Bread, Lev. '23 10 -". »-», Ex. 12 1 - 1 *! 43 - **-m, 11 20 _\ u 28ii i -• two- tenths of an ephah of fine meal mixed with oil, d an offering made by fire to Jehovah as a pleasant odor; and its libation shall be of wine, tin- fourth of a bin. ''And ye shall eat neither bread, nor parched grain, nor fresh ears, until that day, until ye have brought the offering of your God; it is a statute forever through- out your generations in all your dwellings/ Priestly Codes » Lev. 23 4 These are the appointed seasons of Jehovah, the r. li^-i. »u - assemblies in the sanctuary, which ye shall proclaim in their appointed season. °On the fourteenth day of the firsl month towards evening 6 i- Jehovah's passover. 6 And on the fifteenth day of the same month is the feast of unleavened bread to Jehovah; seven days ye shall cat unleavened bread. 'On the first day ye shall have a religious assembly at the -ancillary: ye shall do no toilsome work. 8 But ye shall bring an offering made by lire to Jehovah for seven days; in the seventh day is a holy religious assembly at the sanctuary; ye shall do no toilsome work. Ex. 12 ^hen Jehovah spoke to Moses and Aaron in the land of Egypt, u saying, -This month shall be to you the beginning of months; ii shall !><• the ; first month of the year to you. 3 Speak to all the congregation of Israel saying, 'In the tenth day of this month they shall each provide For themst Ives a lamb, one for each individual family: 'and if the family be too .-mall for a lamb, then shall he and his next door neighbor take one together, according to the number of persons; according to each one's ability to eal shall ye make your reckoning for the lamb. 'Your lamb must be without blemish, a male, a year old; ye shall take it from the sheep or from the goats. 'And ye shall keep it until the fourteenth day of the same month; then the whole S 218 The Holiness Code make- n.> reference t" » I • * - pa waver or feast "f unli avened bn Lev. 23*- 8 I- an editorial epitoi f the older code. The language ami repn indicate thai these vss. in their present form are from one of the authors of tl ef. Ex. Ii!" ■-". In the priestly codes the fusion of the passover and the feosi ol bread and the date is definitely fixed, as it was in the da] '■ the four- teenth day of the first month of the Bab. calendar, i. e., Ni an lawgivers abandon the attempt of the Deuteronomio reformers to transfer thi lem and revert to the older custom of allowing each family to celebrate it at borne. In U' • with the tendency of the day, they provide, however, that an elaborate Baorifioial offering shall be offered at the temple each day of the feast. "•Lev. 23 1S - " The original law has evidently been expanded at this point bj rtly editor who was interested in the ritual • Lev. 23* Lit., between the two > verting a, a characti - f the late i writers. It means either between the time when the sun begins to sink in thi > or more probably between sunset and dark. Ex. 12 c ] THE POST-EXILIC SACRED CALENDAR Priestly ( 'odes assembly of the congregation of Israel shall kill it toward evening. 7 And they shall take of the blood and put it on the two door-posts and on the lintel of the houses in which they shall eat it. 8 And in the same night they shall eal the flesh roasted with fire; with unleavened bread and bitter herbs shall they eat it. 9 Be sure to eat it neither raw nor boiled in water, but roasted with (ire. retaining its head with its legs and inwards. 10 And ye shall keep nothing of it until morning; but that which remaineth of it until morning ye shall burn with fire. n And thus shall ye eat it, with your loins girded, your shoes on your feet, and your staff in your hand; and ye shall eat it in trem- bling haste, it is Jehovah's passover. 12 For I will go through the land of Egypt on that night, and smite all the first-born in the land of Egypt, both man and beast; and against all the gods of Egypt will I execute judg- ments : I am Jehovah. 13 And the blood shall be for your sakes as a token upon the houses where ye are; for where I see the blood I will pass over you, and no destructive blow shall come upon you, when I smite the land of Egypt.' Those 43 Jehovah said to Moses and Aaron, f This is the ordinance of the pass- 11 e over : No foreigner shall eat of it, 44 but every man's slave that hath been bought for money, when thou hast circumcised him, shall eat of it. 45 A resident alien and a hired servant shall not eat of it. 46 In one house shall it be eaten; thou shaft not carry any of the flesh out of the house; neither shall ye break a bone of it. 47 A11 the congregation shall keep it. 48 And when an alien shall reside with thee and wish to keep the passover to Jehovah, let all the male members of his family be circumcised, and then let him come near and keep it; and he shall be as a native born; but no uncircumcised person shall eat of it. 49 One and the same law shall apply to the native born and the foreigner residing among you. 50 Thus did all the Israelites; as Jehovah commanded Moses and Aaron, so did they. Supplemental Priestly Codes Re- Ex. 12 14 The [passover] day shall be a reminder to you and ye shall of°all" keep it as a feast to Jehovah throughout your generations; 8 by an ordinance leaven sna ji ve forever keep it as a feast. 15 Seven days shall ye eat unleavened bread; immediately on the first day ye shall put away leaven out of your houses, for whoever eateth leavened bread from the first day until the seventh day shall be cut off from Israel. 10 And on the first day ye shall hold a re- ligious assembly at the sanctuary, and on the seventh day a holy religious assembly at the sanctuary; no kind of work shall be done in them, except that which every man must do to eat, that only may be done by you. 17 And ye shall observe the regulation regarding unleavened bread, for on this very day I brought your hosts out of the land of Egypt; therefore ye shall observe this day throughout your generations as an ordinance forever. 18 On the four- f Ex. !_" " Since the point of view assumed in this section is the settled life in Canaan, cf. E0 , it is possible that these vss., which have no real connection with their context, are from a later priestly editor. 1-'" -'" In these vss. the historic event, recorded in 12 1 -' 3 , is made the basis of a permanent institution. It apparently comes from one of the later priestly editors of Ex. 266 FEAST OF THE PASSOVER [Ex Supplemental Priestly Codes teenth day of the first month in the evening ye shall eat unleavened 1 » r « ■ .- 1 < 1 . until the evening of the twenty-first day of the month. l9 Seven days shall no leaven be found in your houses; t'« • r whoever eatetfa thai which is leavened shall be cut off from the congregation of Israel, whether he 1»- a resident alien or a native born. 20 Ye shall eal nothing leavened; in ail your dwellings ye shall eat unleavened bread. Nu. 28 1( 'On the fourteenth day <>f the Srsl month is Jehovah's p. over." 17 And on the fifteenth day of tliis month shall l»- a feast; seven days shall unleavened bread be eaten. Is ln the first day >liall be a religious assembly at the sanctuary; ye shall do no toilsome work, l9 bui ye shah 1 offer an offering made by fire, a burnt-offering to Jehovah: two young bullocks, one ram, and seven male lambs a year old; they shall be without blemish; 20 and their cereal-offering, fine meal mingled with oil; three-tenths of an ephah shall ye offer for a bullock, and two-tenths lor the ram: -'a tenth thou shalt offer for each of the sewn lambs; --'and one male goal as a sin-offering. 1 to make atonement for you. - ; Ye shall offer these besides the burnt-offering of the morning, which is a regular burnt-offering. Z4 This same offering shall ye offer daily, for seven days, as food consumed by lire, an odor pleasing to Jehovah; it shall be offered in addition to the regular burnt-offering and its libation. 25 And on the seventh day ye shall have a religious assembly at the sanctuary; ye shall do no toilsome work. 9 l Jehovah gave this command to Moses in the Wilderness of Sinai.J irM.ii- in the first month of the second year alter they had come out of the land Egypt: 2 Let the Israelites keep the passover in its appointed season. I I the fourteenth day of this month, toward evening, ye shall keep it in it- ap- pointed season; in accord with all the statutes and ordinances regarding it shall ye keep it. 4 And Moses commanded the Israelites that the} should keep the passover. 5 And they kept the passover on the fourteenth day of the first month, towards evening, in the Wilderness of Sinai: according to all that Jehovah commanded Moses SO did the Israelites. 6 But there were certain men, who were unclean through contact with tin-' dead body of a man, k so that they could not keep the passover on that da\ And they came before Moses and Aaron on that day: r and these men said I" him, We are unclean through contact with the dead body of a man: whj should we be excluded from offering the gifl for Jehovah at it- appointed season along with the Israelites:-' Wnd Moses said to them. Wait, that I may hear what .Ichovah will command concerning you. 9 Then Jehovah spoke thus to Moses, |u Say to the Israelites, ' tf am of you I or of your descendants shall be unclean through contact with a .lead body, , or be on a distant journey, he shall keep the passover to Jehovah. "On the , ■ ■ h Nu. 28 w " The i ippear to oome from the later prii ittj editors, who tere ted simply in the ritual. , . ■ Nu 28 a I!"- offering was the Bame :i- at 1 1 ■ « - new a n, cr. I no. i Nu. !i' B This law is evidentb a later priestlj insertion in its present .■•■,•• it has do real connection. If provides a Bupplernentarj , •'•"" observing the regular passover al the appointed time. k Nu. 9" Cf. S 181. 1 Nu. (»■ Lit., urith a man, 267 \i . 9"] THE POST-EXILIC SACRED CALENDAR Supplemental Priestly Codes fourteenth day of the second month, towards evening, they shall keep it; they shall eat it with unleavened bread and bitter herbs; 12 they shall leave none of it until the morning nor break a bone of it; according to all the statute of the passover shall they keep it. 13 But the man who is ceremonially clean and is not on a journey and neglecteth to keep the passover, that one shall be cut off from his people; because he offered not the gift to Jehovah in its ap- pointed season, that man shall bear his guilt. 14 And if a foreigner reside among you and wish to keep the passover to Jehovah according to the statute of the passover and the ordinance regarding it, so shall he do; ye shall have one statute, both for the resident alien and the native born.' §219. Feast of Weeks or Firstfruits, Lev. 23 1 *- 21 , Nu. 28 26 -3i Holiness Code Date Lev. 23 15 Ye shall count from the day following the sabbath, from the ritual day that ye bring the sheaf of the wave-offering [at the beginning of the feast of unleavened bread], seven full weeks; 16 until the day following the seventh sabbath shall ye count fifty days; and ye shall present a new cereal-offering to Jehovah. 17 Ye shall bring out of your dwellings two wave-loaves of two- tenths of an ephah; they shall be of fine meal, and they shall be baked with leaven, as firstfruits for Jehovah. 18 Ye shall present with the bread seven yearling lambs without blemish, and one young bullock, and two rams; they shall be a burnt-offering to Jehovah, with the cereal-offerings and libations, an offering made by fire, of an odor pleasing to Jehovah. 19 Ye shall also offer one male goat as a sin- offering, and two male lambs a year old as a sacrifice of peace-offerings. 20 And the priest shall wave them with the bread of the firstfruits as a wave- offering before Jehovah, with the two lambs; they shall be a holy gift for Jehovah and shall belong to the priest. 21 And he shall make proclamation on tluit same day,™ and there shall be a religious assembly for you in the sanctuary ; ye shall do no toilsome work; it is a statute forever in all your dwellings throughout your generations. Supplemental Priestly Codes Addi- Nu. 28 26 On the day of the firstfruits, when ye offer a new cereal-offering three- to Jehovah in your feast of weeks, ye shall hold a religious assembly at the ■ViV.V of SJin(; t l >ary; ve shall do no toilsome work, 27 but ye shall offer a burnt-offering ferings as an odor pleasing to Jehovah : two young bullocks, one ram, seven male lambs a year old, 28 and their cereal-offering, fine meal mingled with oil, three-tenths of an ephah for each bullock, two-tenths for the one ram, 29 a tenth for each of the seven lambs, 30 one male goat to make atonement for you. 31 Besides the regular burnt-offering, and its cereal-offering, ye shall offer them — they shall be without blemish, — and their libations. § 2H) The Holiness Code, like that of Dt. leaves the exact date of the feast indeterminate, simply fixing it on the fiftieth day (hence the N.T. designation. Pentecost) after the beginning of the feast of unleavened bread. The details of the sacrificial offering in lsb , 19a appear to have been added by a late priestly editor, cf. § 167 note a . m Lev. 23 n The characteristic formulas of the priestly lawgivers reappear in this vs. 268 FEAST OF WEEKS <>U FIRSTFR1 ITS .[Lev. §220. Feast of Trumpets, Lev. iS . Nil Priestly Codes Lev. 23 23 Jehov;ih gave this command to M Speak thus to the D Israelites, 'On the first day of the seventh month ye shall have ;i complete rest, a memorial day celebrated by the blowing of trumpets, a religious sembly al the sanctuary. -'Ye shall do no toilsome work, and ye shall pre- sent an offering made by fire to Jehovah. 9 Supplemental Priestly Codes Nu. 29 'On the firsl day of the seventh month ye shall hold a religious - assembly at the sanctuary; ye shall »ch. „„..„„ Ceremonial purity. Therefore the ntual of the day o f:,t...... ...... «:«■•■ remove from the nation and sanctuary all possible forms of defilement overlooked or n<>t pro- vided for by ti e other detailed cerei iai laws. I. was natural thai ... the mind., ol i should become the most importanl day in the calendar. I »« equn .1. rational c?nfSsS b the deep h spiritual prayers of the la torrit ual an3 of Jud " iS wEKftr - rSKSSK Zg$$%Z S? Sab^^PP^asernen, of Lev. M») .-a.,,,..! 1 efinitely determined. The aim. ... ■•■ 269 Lev. lti 2 ] THE POST-EXILIC SACRED CALENDAR Priest/ ij Codes to Moses, Speak to thy brother Aaron, that he do not come at all times into the holy place within the curtain, before the covering which is on the ark, lest he die, for 1 appear in the cloud upon the covering. 3 Thus shall Aaron come into the holy place : with a young bullock as a sin-offering, and a ram as a burnt-offering. 'lie shall clothe himself in a linen coat, and he shall put on linen breeches, and shall be girded with a linen girdle, and shall have a linen turban wound about his head; they are holy garments; and he shall bathe his body in water before putting them on. Sarri- 5 And lie shall take from the congregation of the Israelites, two male goats vfc? 1 as a sin-offering, and one ram as a burnt-offering. 6 And Aaron shall bring tims the bullock of the sin-offering, which is for himself, and shall make atone- ment for himself and for his house. 7 And he shall take the two goats and set them before Jehovah at the entrance of the tent of meeting. 8 And Aaron shall cast lots upon the two goats : one lot for Jehovah, and the other lot for Azazel. 9 And Aaron shall bring the goat upon which the lot fell for Jehovah, and offer it as a sin-offering. 10 But the goat on which the lot fell for Azazel shall he set alive before Jehovah, in order that Aaron may make atonement upon it, to send it away for Azazel into the wilderness. Sin-of- u Then Aaron shall bring the bullock of the sin-offering, which is for him- runl'in- se h\ and shall make atonement for himself and for his house; and he shall cease \^[\[ the bullock of the sin-offering which is for himself; 12 and he shall fill his censer with coals of fire from the altar before Jehovah, and his hands with sweet incense beaten fine, and shall bring it within the curtain; 13 and he shall put the incense on the fire before Jehovah, that the cloud of incense may encircle the covering over the testimony, 11 that he die not; 14 and he shall take some of the blood of the bullock, and sprinkle it with his finger on the front of the covering which faces eastward; and also he shall sprinkle the blood with his finger seven times before the covering. Cleans- 15 Then he shall kill the goat of the sin-offering that is for the people, and prfests bring its blood within the curtain, and do with its blood as he did with the ancl , blood of the bullock, and sprinkle it upon the covering and in front of the dcjodIg covering; 1G and he shall make atonement for the holy place, on account of the uncleannesses of the Israelites and on account of their transgressions, whatever they may be; so shall he also do for the tent of meeting, that abideth among them in the midst of their uncleannesses. 17 And none shall be in the tent of meeting when he goeth in to make atonement for the holy place, laid upon an animal which would bear them away to the relief of the individual. Azazel was evidently conceived of in popular Jewish thought as the chief of the evil spirits dwelling in the desert. In the book of Enoch he is the chief of the angelic beings who formed unions with the daughters of men and who, through their offspring, the giants, brought sin and blood- shed t<> mankind, Enoch (>'■ -', 7 1 - 5 , 9 6 - 8 " u . Like Prometheus, he is represented as bound for his sins to tin; rough rocks in the wilderness. It was to this spot, now identified with Bet-khude- 1/ a in, hesido a steep rocky gorge that the goat was led on the day of atonement, cf. the Mishna tractat Yoma, 6. The passages in Lev. 16 relating to the goat for Azazel, 5 > 7 " 10 ' 142s , may be later additions to the priestly regulation; they are not referred to in the very late priestly sections in Lev. 23 26 - 3 - and Nu. 29 7 " 10 . While it is clear that Lev. 16 is made up of several originally distinct elements, it is impossible to determine with certainty which are the older, and all may have been combined in the present form by the same priestly editor. ■ Lev. 16 13 The priestly designation of the tables of the ten words. 270 DAY OF ATONEMENT [Lev. l<; 17 Priestly Codes until he come out. Thus he shall make atonemenl fur himself and For his house and for all the assembly of Israel. 18 Then he shall go out to the altar which stands before Jehovah and i make atonement for it; and he shall take some of the U I <>f the bullock and of the blood of the goat, and put il on the horns of the altar all around. 19 And he shall sprinkle some of the blood upon il \\ ilh his finger Beven times, and cleanse it, and sanctify it from the uncleannesses of the Israelis s. 20 When he hath made an end of atoning for the holy place, and the ten! I of meeting, and the altar, the live goal shall be brought; 21 and Aaron shall la\ both of his hands on the head of the live goal, and confess over il all the in- iquities of the Israelites and all their transgressions, whatever they maj be; and he shall put them on the head of the goal, and shall send it away by the hand of a man who is in readiness into the wilderness; -'-'and the goal shall bear upon itself all their iniquities into a solitary land: then he shall let the goat go into the wilderness. 23 Then Aaron shall come into the tent <>f meeting and shall put o(T the Buret- linen garments, which he put on when he went into the holy place, and shall leave them there; -'he shall bathe his body in water in a holy place, and put on his garments. Then he shall come out and offer his burnt-offering and the burnt-offering of the people, and make atonemenl for himself and the people. 25 And he shall consume the fat of the sin-offering in Bweet smoke upon Addi- the altar. 26 And he who let go the goal for Aza/.el shall wash his clothes and bathe his body in water, and afterwards he may come into the camp. -"And the bullock of the sin-offering and the goal of the sin-offering, whose blood was brought in to make atonemenl in the holy place, shall l>e carried outside the camp; and their skins, and their flesh, and their dung shall be burnt with fire. - s And he who burnetii them shall wash his clothes and bathe his body in water, and afterwards he may come into the camp. 29 And it shall be an everlasting statute for you : On the tenth day of ''■ seventh month, ye shall allliet yourselves, and shall do no work at all, whether ' it be the native horn or the alien who resideth among you; '"lor on this day shall atonement he made for you, to cleanse you; ye shall be cleansed from all your sins before Jehovah. :;l lt is a sabbath of complete resl lor you, and ye shall afflict yourselves; il is a statute forever. ; -And the priest who shall' be anointed and installed as priest in his father's place shall make the atonement, and shall put on the holy linen garments; :;; and he shall make atonement for the holy sanctuary; and he shall make atonement for the tent of meeting and for the altar: and he shall make atonement for the priests and for all the people of the assembly. "'And this shall he an ever- lasting statute for you. that atonemenl be made for the Israelites because of all their sins once each year. And he did as Jehovah commanded Moses. ° Lev. 16 U /• '•. the great altar before the sanctuary. 271 Lev. 2326] THE POST-EXILIC SACRED CALENDAR Supplemental Priestly ('odes Day of Lev. 23 26 Jehovah spoke to Moses saying, 27 Verily on the tenth day of ;; ,I, I '"" this seventh month is the day of atonement; it shall be a religious assembly «"* al the sanctuary, and ye shall afflict yourselves; and ye shall present an sion " offering made by fire to Jehovah. 28 And ye shall do no work at all on that same day; for it is a day of atonement, on which to make atonement for you before Jehovah your God. 29 For whoever doth not afflict himself on that same day shall be cut off from his people. 30 And whoever doeth any work at all on that same day, I will destroy from among his people. 31 Ye shall do no work at all; it is a statute forever throughout your generations in all your dwellings. 32 It shall be to you a sabbath of complete rest, and ye shall afflict yourselves; in the ninth day of the month at evening, from evening to evening, shall ye keep your sabbath. Spe- Nil. 29 7 On the tenth day of the seventh month ye shall hold a religious ferings assembly at the sanctuary; and ye shall afflict yourselves; ye shall do no work al all, the feast of tal nacles for seven .lays to Jehovah. ::;, ( >n the first daj Bhall be a religi assembly in the sanctuary; ye shall do do toilsome work. 3fl Seven daya ye shall presenl an offering made by lire t<. Jehovah; <»n the eighth day ye shall hold a religious assembly in the sanctuary ; and ye shall present an offi i made by fire to Jehovah; it is a solemn assembly; ye shall do do toils* work.' Supplementary Priestly Codes Nu. 29 '-On the fifteenth day of the seventh month ye shall hold a< religious assembly at the sanctuary; ye shall do do toilsome work, an. I shall keep a feast to Jehovah for seven days; l3 and ye shall present a burn) offering, an offering made by fire, of an odor pleasing to Jehovah : thirteen young bullocks, two rams, fourteen male lambs a year old; thej Bhall be without blemish; l4 and their cereal-offering, fine meal mixed with oil, three tenths of an ephah for each of the thirteen bullocks, twortenths f. >r each <»f the two rams, ''and a tenth for each of the fourteen Iainl>>. '''and one male goat as a sin-offering, in addition to the regular burnt-offering, its cereal offering, and its libation. 17 And on the second day ye shall offer twelve young bullocks, two ram-. . fourteen male lambs a year old without blemish, l8 and their cereal offering 5J and their libations for the bulloeks. For the rams, and for the lambs, according to their Dumber, in accordance with the ordinance, l9 and one male goat as a sin-offering, in addition to the regular burnt-offering, and its cereal-offering, and their libations. 20 And on the third day eleven bullocks, two rams, fourteen male lambs a i year old without blemish, -'and their cereal-offering and their libations forjjj the bulloeks, for the rams, and for the lambs, according to their Dumber, in accordance with the ordinance. -'-'and one male goal a- a sin-offering, in ad- dition to the regular burnt-offering, and its cereal-offering, and its libation. 23 And on the fourth day ten bullocks, two rams, fourteen male lambs a On tin- year old without blemish, -'their cereal-offering and their libations for | bulloeks, and for the rams, and for the lambs, according to their Dumber in accordance with the ordinance. 25 and one male goat as a sin-offering, in addition to the regular burnt-offering, its cereal-offering, and its libation. -''And on the fifth day nine bullocks, two rams, fourteen male lambf a . year old without blemish, -"and their cereal-offering arid their libations for the bullocks, for the rams, ami for the lambs, according to their numl.er. in accordance with the ordinance, ^and one male goat a- a sin offering, in ad dition to the regular burnt-offering, its cereal-offering, and its libation. 29 And on the sixth day eighl bullocks, two ranis, fourteen male lambs year old without blemish. 30 and their cereal-offering and their libations for the bullocks, for the rams, and for the lambs, according to their Dumber ill accordance with the ordinance; 31 and one male goal a- a Bin-offering, in addition to the regular burnt-offering, its cereal offering, and it- libation. Nu. 2932] the POST-EXILIC SACRED CALENDAR Supplemental Priestly Codes On the 32 And on the seventh day seven bullocks, two rams, fourteen male lambs d£y nth a year old without blemish, 33 and their cereal-offering and their libations for the bullocks, for the rams, and for the lambs, according to their number, in accordance with the ordinance: 34 and one male goat as a sin-offering, in addition to the regular burnt-offering, its cereal-offering, and its libation. On the 35 On the eighth day ye shall have a solemn assembly; ye shall do no toil- ri'Jy th some work; 36 but ye shall offer a burnt-offering, an offering made by fire, of an odor pleasing to Jehovah : one bullock, one ram, seven male lambs a year old without blemish; 37 their cereal-offering and their libations for the bullock, for the ram, and for the lambs, shall be according to their number, in ac- cordance with the ordinance; 38 and one male goat as a sin-offering, in ad- dition to the regular burnt-offering, and its cereal-offering, and its libation. § 223. Sabbatical Year, Lev. 25 1 " 5 - 17 " 22 Holiness Code No Lev. 25 'Jehovah said to Moses on Mount Sinai, 2 Speak to the Israelites buT^u and sa >' 1o them > '^hen ye have come to the land which I give you, the to land shall rest for a sabbath to Jehovah. 3 Six years thou shalt sow thy natural field, and six years thou shalt prune thy vineyard, and gather in its produce; Sc'te" 4 ° ut the seventh year shall be a sabbath of complete rest for the land, a sab- bath to Jehovah; thou shalt neither sow thy field nor prune thy vineyard. s That which groweth of itself of thy harvest thou shalt not reap, and the grapes of thy undressed vine thou shalt not gather; it shall be a year of com- plete rest for the land. Means 17 And ye shall not wrong each other, but thou shalt fear thy God : for I s/stence am Jehovah your God. 18 Therefore ye shall execute my statutes and keep mine ordinances and do them; then ye shall dwell in the land in security. 19 And the land shall yield its fruit, and ye shall eat your fill, and dwell in it in security. ""And if ye say, " What shall we eat in the seventh year? behold we may not sow or gather in our produce;" 21 then I will command my blessing upon you in the sixth year and it shall bring forth produce for the three years. 22 And ye shall sow the eighth year, but eat of the old stores; until the produce of the ninth cometh in, ye shall eat of the old stores.' § 224. The Year of Jubilee, Lev. 25 816 - **■**< 3!M2 - * 7 - 52 - M Supplemental Priestly Codes Sacred Lev. 25 8 Thou shalt count seven sabbaths of years, for seven times rest" 0f seven years, and there shall be the equivalent of seven sabbaths of years, that is, forty-nine years. 9 Then thou shalt sound a loud horn on the tenth day of the seventh month; on the day of atonement shall ye sound a horn § 223 Cf. § 113 and the introductory note. In the priestly codes the year of jubilee takes the place of the sabbatical year. § 224 Cf. for the history of the year of jubilee and the origin of the present laws, note § 113. 27i THE YEAR OF JUBILEE [Lei Supplemental Priestly Codes throughout all your land. "'And ye shall sel aparl aa sacred the fiftieth year and proclaim liberty throughout the land t<> all it- inhabitants; if shall be a year of jubilee for yon, and ye shall return cadi t«> his possession, and ye shall return each to bis family. "A jubilee shall thai fiftieth year \»- for you: ye shall not sow or reap thai which grows of itself in it nor gather in the fruit of the undressed vines. I2f r ii | s a jubilee; it shall be bolj to you; ye shall eat its produce directly from the field. 1; At this year of jubilee ye shall return each to hi- possession. ' 'And I:. if thou sell any land to thy neighbor, or buy it of th\ neighbor, ye -hall not JJ wrong each other. ''According to the number of years after the jubilee thou shall buy laud from thy neighbor, and according to the Dumber of the crops until the next jubilee he -hall sell it to thee. "If the number of years be great, thou shall increase its price; but if the number of years be -mall. thou shalt reduce its price, for it is the number of the crops thai heselletb to thee. 23 And the land shall not he sold in perpetuity; for the land is mine, ami \il ye are resident aliens and settlers with me. -'And in all the land of your possession ye shall grant a redemption for the land. -'And if th\ fellow countryman become poor, and sell some of his possession, then shall his kinsman who is next to him come, and redeem that which hi- kin-man hath sold. 26 And if a man hath no one to redeem it. and he become rich and find sufficient to redeem it, -'then let him count the years since it- -ale and refund the remainder to the man to whom he sold it, and he -hall return to his possession. - s I5ut if he is not able to ^-\ it back lor himself, then that which he hath sold shall remain in the hand of the purchaser until the year of jubilee; and in the jubilee it -hall l>c released, and he -hall return to his possession. 29 And if a man sell a dwelling house in a walled city, he -hall have the H right of redemption for a whole year after it was -old: for a full year he shall have the right of redemption. : '"But if it is not redeemed within the spact of a full year, then the house that is in the walled city shall be assured m Derpetuity to its purchaser throughout his generations; it shall not be re- leased in the year of jubilee. 31 Bu1 the I ses of the villages which have no wall round about them shall be reckoned with the fields of the country : they may be redeemed and they shall be released at the jubilee. 32 But in the case of houses in the cities which are the possession of the H Levites the Levites may redeem at any time. :;; And if one of the Levites ,. doth not redeem it. the house that was -old in the city of their hereditary possession shall be released at the jubilee; for the houses in the cities of the Levites are their possession among the Israelites. 'Hut fields in tin- com- mon pasture land of their cities ma\ not be sold, for it i- their perpetual possession. '-'And if thv fellow countryman grow poor, and -ell himself to thee, thou m * nit i ■ i I shall not make him to Serve a- a -lave. "'A- a hind Servant, and as a -• tlershall he be t<» thee: he shall servewith thee to theyearof jubilee; "then shall he be released by thee, together with his children, and shall return to h>- 275 I.i\ j.,"J THE POST-EXILIC SACRED CALENDAR Supplemental Priestly Codes own family, and to the possession of his fathers shall he return. 42 For they are my servants whom I brought from the land of Egypt; they shall not be sold as slaves. He- 47b If thy fellow countryman become poor beside him and sell himself to a ] J,\?r foreigner or alien residing with thee, or to a descendant of the foreigner's subject family, * s he may be redeemed after he has sold himself; one of his kinsmen law " may redeem him, 49 or his uncle, or his uncle's son, may redeem him, or one of his near kinsmen may redeem him; or, if he become rich, he may redeem himself. " ,0 IIe shall reckon with his purchaser from the year that he sold himself to him to the next year of jubilee; and the price of his release shall be according to the number of years of service; on the terms of a hired servant shall he be with him. 51 If there are yet many years, in proportion to them he shall give back the price of his redemption out of the money for which he was bought. 52 And if there remain but few years until the year of jubilee, then he shall reckon with his master; according to the years of service still remaining shall he pay back the price of his redemption. 54 And if he be not redeemed in any of these ways, then he shall go free in the year of jubilee, together with his children. 276 APPENDIX APPENDIX I SELECTED BIBLIOGRAPHY AND DETAILED BEFERENl BS GENERAL INTRODUCTIONS TO THE OLD TKSTWll \| LEGAL HOOKS Addis, The Documents of the Hexateuch, I. II. 1898 1898. Baudissin, Einleitung in die Bucher des .1.7'., 1901. Briggs, The Higher Criticism <>/ the Hexateuch, 2 Iskt. Carpenter, The Com posit ion of the Hexateuch, 1902. Carpenter and Harford-Battersby, The Hexateuch, I, II. 1900. ('(.mill, Einleitung in das A.T.? 1896. Cullen, The Book of the Covenant in Monti. 1903. Driver, An Introduction to tin- Literature of the 0.7'., s 1901. Fries, Der Gesetzschrift des Konigs Josia, 1903. Holzingcr, Einleitung in den Hexateuch, L893. Kautzsch, Literature of tin <).'/'.. 1899. Kent, The Messages of Israel's Lawgivers, 1902. Kent and Sanders, The Origin and drouth of Israelitish haw, in Historical and Critical Contributions to Biblical Science, 1901. Konig, Einleitung in das .1.7'., IS!):!. Kuenen, The Hexateuch, 1886. McFadyen, .1// Introduction to the O.T., 1905. Smith, The Old Testament in the Jewish Church 2 1892. Steuernagel, AUgemeine Einleitung in dm Hexateuch, 1900. Wellhausen, Composition des Hexateuchs und der kistorischen BUcher des A.T., 3 1899. " Prolegomena t<> the History of Israel, L885. Wildeboer, Die Lilleralur des A.T., 1895. DICTIONARIES AND ENCYCLOPEDIAS Cheyne and Black, Encyclopaedia Biblica, I IV. 1899 1903. Hastings, A Dictionary of the Bible, I V, 1898 1904. Herzog-H;uick, Realencyclopddie fur protestantische Theologie und Kir 1896, Singer, The Jewish Encyclopedia, I MI. 1901 1906. Smith, -I Dictionary of the Bible, 2 L89S. 279 SELECTED BIBLIOGRAPHY ISRAELITISH AND CONTEMPORARY SEMITIC HISTORY See Kent, Student's O.T., Vol. II, pp. 485-487. THE CODE OF HAMMURABI AND THE OLD TESTAMENT CODES Cohn, Die Gesetze Hammurabi s, 1903. Cook, The Laws of Moses and the Code of Hammurabi, 1903. Edwards, The Hammurabi Code and the Sinaitic Legislation, 1904. G limine, Dus Gesetz Chammurabis und Moses, 1903. Harper, The Code of Hammurabi, 1904. Jeremias, Moses und Hammurabi, 1903. Johns, Babylonian and Assyrian Laws, Contracts, and Letters, 1904. " Article, The Code of Hammurabi, Hastings's D.B. (Extra Volume, 1904). Kent, "The Recently Discovered Civil Code of Hammurabi" Biblical World, Vol. XXI, pp.' 175-190, 1903. Kohler und Peiser, Hammurabi's Gesetz, I: Uebersetzung, juristiche Wieder- gabe, Erlauterung, 1903. Lyon, The Structure of the Hammurabi Code, Journal of the American Oriental Society, Vol. XXV, pp. 248-265, 1904. Miiller, Die Gesetze Hammurabis und ihr Verhaltnis zur Mosaischen Gesetzge- bung so wie zu den XIL Tafehi, 1903. Oettli, Das Gesetz Hammurabis und die Thora Israels, 1903. Rosenbacher, Moses und Hammurabi, 1904. Sayce, The Legal Code of Babylonia, American Journal of Theology,, pp. 256-266, 1904. Scheil, Memoires de la delegation en Perse, Tome IV, 1902. " La loi de Hammurabi, 1904. Winckler, Die Gesetze Hammurabis, 1903. Die Gesetze Hammurabis in Umschrift und Uebersetzung her- ausgegeben, 1904. OTHER ANCIENT CODES Amos, The History and Principles of the Civil Law of Rome, 1883. Burnell, The Ordinances of Manu, 1884. Ball, Light from the East, 1886. Biihler, Sacred Books of the East, Vol. XXV, The Laws of Manu, 1886. Herrick, The Attic Law of Status, Family Relations, and Succession in the Fourth Century B.C., 1890. Lee, Historical Jurisprudence, 1900. Leist, AUarisches Jus Gentium, 1889. von Lingenthal, Geschichte des griech-romischen Rechts, 2 1877. 280 ANCIENT LEGAL < ODES Macdonald, Muslim Theology, Jurisprudence and Constitutional 77 L903. Maine, Ancient Law, 1888. Merriam, The Gortyan Code, Journal of the American Archaeological Society, 1899. Monro, The Digest of Justinian, translated 1904. Movie, Tmperatoris Justiniani Institutionum, 1890. Voigt, Die XII Tafeln Geschichte und System des Civil und < 'riminal Rechts, wie Process der XII Tafeln, I, II. L88S. SEMITIC AND ISRAELITISH ENSTITUTIONS Wl» ARCH EOLOGY Baethgen, Beitrdge sur semitischen Religionsgeschichte, 1888. Barton, .1 Sketch of Semitic Origins Social and Religious, I'm.' Baudissin, Studien zur semitischen Religionsgeschichte, i vols., InTii. isTv " Die Geschichte des alttestamentlichen Priesterthums, i v Benzinger, Hebraische Archdologie, 1894. Borlholet, Die Stellung der Israeliten und Juden zu den Fremden, I Bissell, The Lair of Asylum in Israel, isss. Bohn, Der Sabbat im A.T., !!»<»::. Curtiss, Primitive Semitic Religion To-Day, 1902. " The Levitical Priest* . 1877. Duschak, Das Mosaische Strafrecht, 1869. Forster, Das Mosaische Strafrecht in seiner geschichtlichen Entunckellung, 1900. Frazer, Golden Bough, I, II, 1890. Frenkel, Der gerichtliche Beweis, 1846. Green, The Hebrew Feasts in their Relation l<> /{rent Critical Hypoth* Concerning the Pentateuch, 1885. Harper, The Priestly Element in the O.T./ I'M).',. Hogarth, Authority and Archaeology, L899. van Boonacker, Le Sacerdoce levitique, is<><). Ilimmielaiier, Das vormosaische Priestertkum in Israel, L899. Jastrow, The Religion <>f Babylonia and Assyria, German translation, 1905 1907. King, Babylonian Religion and Mythology, ism). Klein, Das Gesetz uber das gerichtliche Beumsverfahren nach mosaisch- talmudisches Recht, 1885. Lagrange, Eludes 8UT les relit/ions SSmitiques, 1908. Leighton, The Jewish Altar, 1886. Nowack, Lehrbuch der kebraischen Archdologie, I. II. 1894 Priestel, Baugeschichte der fiidischen HeUigtumer mid die Tempel L904. Rosenau, Jewish Ceremonial Institutions mid Customs. 1903 Sayce, The Religions <>/' Ancient Egypt and Babylonia, 1908. j si SELECTED BIBLIOGRAPHY Scott, Sacrifice, Its Prophecy and Fulfillment (" Baird Lecture"), 1892-1893. Schiirer, History of the Jewish. People in the Time of Christ, Second Div., Vol. I. 1886. SchwaHy, Semitische KriegsaUertiimer, Heft I, 1901. Smith, \Y. H.. Kinship and Marriage in Early Arabia? 1903. Religion of the Simile*, 2 1894. Wellhausen, Reste des arabi.se/ten Heidenthums, 2 1897. OLD TESTAMENT RELIGION AND THEOLOGY Beer, Der biblische [fades, 1902. Budde, The Religion of Israel to the Exile, 1899. Cheyne, Jewish Religious Life after the Exile, 1898. Davidson, The Theology of the Old Testament, 1904. Dillmann, Handbuch der alttestamentlichen Theologie, 1895. Duff, Old Test an, nil Theology, I, II, 1891, 1900. Dulim, Die bos en Geister im A.T., 1904. Erbt, Die Sicherstellung des Monotheism/us, 1903. von Gall, AUisraelitische Kuttstalien, 1898. Gamier, Worship of the Dead, 1904. Kautzsch, Religion of Israel, in extra volume of Hastings's D.B., 1904. Knenen, The Religion of Israel, translated 1882-1883. Marti, Geschichte der israelitischen Religion, 1897. Montefiore, The Religion of the Ancient Hebrews, 1892. Piepenbring, The Theology of the Old Testament, 1893. Robertson, The Early Religion of Israel, 1889. Roux, Essai sur la vie apres la mort chez les Israelites, 1904. Sartori, Die Speisung der Toten, 1903. Schultz, Old Testament Theology, 5 1896. Smend, Lehrbuch der alttestamentlichen Religionsgeschichte, 2 1899. Torge, Ascherah and Astarte, 1902. Wohlgemuth, Die Unsterblichkeitlehre in tier Bibel, 1901. Zapletal, Der Totemismus und die Religion Israels, 1901. COMMENTARIES Genesis Dillmann, Genesis, I, II, 1888. Dods, Genesis, 1888. Driver. Genesis, 1904. Gunkel, Genesis, 1902. Holzinger, Genesis, 1898. Mitchell, The World Before Abraham, 1902. Wade, The Book of Genesis, 1896. 282 COMMENTARIES Exodus Baentseli, Exodus-Leviticus, 1902. Dillmann, Exodus and Leviticus, 1880. Holzinger, Exodus, 1900. Leviticus Baentsch, I. critic us. 1900. Bertholet, Leviticus, 1901. Driver and White, Leviticus, in S.B.O.T., 1900. Horst. Leviticus Mil XXVI und Hezekid, 1881. Strack, Leviticus, 181)4. Numbers Baentseli. Numeri, 1903. Dillmann, Numeri, Deuteronomium und Josua, 1886. Gray, X umbers, 1 !><).'!. Holzinger, Numeri, 1903. Deuteronomy Driver, Deuteronomy, 1895. Oettli, Das Deuteronomium und die Biicher Josua und Richter, 181 Steuernagel, />»* Deuteronomium, 1898. DETAILED REFERENCES The following detailed references have been prepared especially to meel the needs of college and Bible classes and private nadir-. Tiny do nol aim to give a complete bibliography, l>nl rather to call attention to the more important books and sections dealing with a given topic. Naturally, greater prominence is given to works written in English, bul significant chapters or articles in French or German sources arc also referred to and are distinguished by being printed in italics, and at the end of each section. To economize space the standard works arc represented simply by the names of their authors, followed by the initial letters of the chief word- in the titles. Whenever there is any doubt regarding the meaning of the abbreviations, they can be readily Identified by referring to the Selected Bibliography (pp. c 2?!> If.), where each 1 k will be found classified alpha betically according to the name of its author. In the classification ol the references the order of the main divisions of this volume has ben followed so that they can be used, in connection with the text, a- guide- in further systematic, comprehensive study. The Hintouy of [srael's Laws \\i> Legal Precedents The Babylonian Background of [srael's Laws: Cf. LiLli.>trr.ipbv on The Code of Hammurabi andthe O.T. Codes, p. 280; Lee HJ 12 V.i DETAILED REFERENCES Origin and Growth of Israelitish Law: Hastings DB III, (;4-(>7; Encyc. Bib. Ill, 2714-18; Kent and Sanders OGIL in Contribs. to Bib. Sci., 41 67; Wellhausen PHI 392-401. The Primitive Hebrew Codes: Hastings DB III, 67, 68; Carpenter and Battersby II II, 112-17; Driver LOT 8 30-40; Encyc. Bib. II, 1444-48; III, 27:;:; 35; Baenisch EL, 177-212. The Deuteronomic Codes: McFadyen IOT 46-61; Hastings DB III, 68, 69; I, 597-603; Encyc. Bib. I, 1079-88; Carpenter and Battersby II I, 70-97; Driver 1) XXV-LXXVII; LOT 8 69-99; Smith OTJC 346-360; Wellhausen PHI 402-10; Holzinger EH 255-331. Ezekiel and the Holiness Code: Hastings DB III, 68, 69; Encyc Bib. Ill, 2737 39; Carpenter and Battersby II I, 145-51; Driver LOT 8 292-98; Holzinger EH, 406-18. The Priestly Codes: Hastings DB III, 70-72; Encyc. Bib. Ill, 2739- 43; Carpenter and Battersby H I, 121-44, 152-57; Driver LOT 8 128-59; Holzinger EH 332-405, 418 r 65. Personal, and Family Laws Parents and Children: Article. Family in Hastings DB and Encyc. Bib.; Smith KMEA; Post, FamUienrecht; Benzinger HA 133-38, 147-59; Nowack HA I, 152-55, 180-82. Marriage Relation: Smith KMEA; article, Marriage in Hastings DB and Encyc. Bib. and Jewish Encyc; Benzinger HA 138-47, 342-47; Nowack HA I, 155-64, 341-48. Masters and Slaves: Article, Servant in Hastings DB; Slavery in Encyc. Bib. and Jewish Encyc; McCurdy HPM II, 168-75; Benzinger HA 159-63; Nowack HA I, 173-80. Aliens: Article, Gcr in Hastings DB; Stranger and Sojourner in Encyc Bib.; Smith KMEA; US 75-81; McCurdy HPM II, 177-83; Bertholet SIJF; Benzinger HA 339-42; Nowack HA I, 336-41. Rights of Property: Encyc Bib. Ill, 2725-28; Klein GGBMR; Benzinger HA 347-54; Nowack HA I, 350-56. Rights of Inheritance: Encyc Bib. Ill, 2728-29; article Inheritance in Hastings DB and Jewish Encyc; Benzinger HA 354-56; Nowack HA I, 348-50. Constitutional Laws Political Organization: Article, Government in Hastings DB and Encyc. Bib.; McCurdy HPM I, ch. Ill; Smith RS 70-75; KMEA: Benzinger HA 292-319; Nowack HA I, 300-16. Military Regulations: Articles, War, Camp and Fenced Cities in Hastings DB; War in Encyc Bib.; Benzinger HA 356-63; Nowack HA I, 357-75; SchwaUy SK I. The Judiciary: Article, Judges in Hastings DB; Law and Justice in Encyc. Bib.: Bissel LAI: Benzinger HA 320-30; Nowack II A I, 317-26; Frenkel GB; Klein GGBMR. 284 REGARDING THE CONSTITUTIONAL LAWS Public Instruction: Article, Education in Hastings DBand Encyc. Bib.; Schiirer HJPTJ, Div. II, Vol. I, § 25; Laurie, Hist. Surv< I Christian Educ, (i!) 105; Simon. U Education des Enfants chez L J burger, Gesch. der Erziekung bei den Israeliten; Dushak, Sch mid Methodik Crimes and Penalties: Article Crimes miB. Encyc. Bib., and Jewish Encyc.; Kraetzschmar, l>i< BundesvorsleUung, 208 20; I'uihr, SymboWc I, 48';!; Benzinger II A, 867 70. Solomon's Temple: Cf. Vol. II. |>. 190, for detailed bibliography. Ezekiel's Temple Plan: Hastings DB IV. 703 10; Encyc. Bib l\. 4941-43; Sulley, The Temple of Ezekiel's Prophecj ; To; I'., i"^ II A 893, 394; Nowack II A II. ."><> .'-:;. The Pre-evilic Priests: Hastings I>B 1\. 67 '•' ; Encyc. Bib. 111. 3837-43; Jewish Encyc. VTH, 19, 50; Benzinger II I 105 18; Wowack II I H, 87-104; Hummelauer VPI; Baudissin GAP. Sacred Officials in Ezekiel's Hierarchy: Hastings I>B IN. 77 79; Encyc. Bib.;Toy E 192-205; Benzinger HA 119; V •<< // I II. 104 8 The Post-exilic Hierarchy: Levites: Hastings l>B [V, 80, Encyc. Bib. HI, 3848 16;GrayN21 26; Ben inger II I W0 I; Baud GAP; Nowack II A II. 106 29. Priests: Hastings DB IV. 85 92; Encyc. Bib III. Jewish Encyc. X, 192 97; Benzinger II A 121 29; Baudissin G IP, V< // I H, 106-29. High Priest: Hastings DB IV. 79, 84; Jewish Ency< M - ' ■ zinger HA 122, 123; Nowack HA II. 115 20. DETAILED REFERENCES Food Ceremonially (lean and Unclean: Articles, Food and Unclean in Hastings DB; Food and Clean and Unclean in Encyc. Bib.; Stade GVI I, 481-87; Benzinger HA 483, 190. Ceremonial Uneleanness: Hastings DB IV, 825-29; Encyc. Bib. I, 836-41, 845 4.S; Smith RS 152-64; article, Taboo in Encyc. Brit.; Gray N 211 IS: Benzinger 11 A 478-83; Nowaek HA II, 275-99. Nazintes: Article, Nazirite in Hastings DB, Encyc. Bib., and Jewish Encyc; Smith RS 323-33, 481-85; Gray N 56-60, 65, 69; Smend LAR 93- 96; Benzinger 11 A 429. 430; Nowaek HA II, 133-37; Gruneisen, Der Ahnen- cuUus, 10, 71, 92, 112-50. Circumcision: Article, Circumcision in Hastings DB, Encyc. Bib., and Jewish Encyc; Asher, The Jewish Rite of Circumcision; Ploss, Da* Kind, 360-00; Wellhausen AH 154; Glassbcrcj, Die Beschneidung; Smend ATRG 37-40; Marti GIR 43, 163, 164. Sacred Dues: Articles, First-born, Firstfruits, Tithes, Tax, Vows in Bible Diets.; Gray N 225-29, 236-41; Smith RS 244-53, 458-65; Benzinger 11 A 157-61; Nowaek HA II, 254-59. Vows: Article, Vow in Hastings DB; Vows in Encyc. Bib., and Jewish Encyc; Nowaek HA II, 262-68. Sacrifice: Article, Sacrifice in Encyc Bib., Hastings DB, and Jewish Encyc; Smith RS 213-43, 253-440; Benzinger HA 431-56; Nowaek HA II, 203-54. Sabbath: Article, Sabbath in Hastings DB, Encyc. Bib., and Jewish Encyc; Bohn, Dcr Sabbat im A.T; Benzinger HA 465, 473; Nowaek HA II, 140-44, 159-62. New Moon: Article, New Moon in Hastings DB, Encyc. Bib., and Jewish Encyc; Benzinger HA 464, 473; Noicack HA II, 138-40, 158, 159. Passover and Feast of Unleavened Bread: Articles, Passover and Feasts in Hastings DB, Encyc Bib., and Jewish Encyc; Trumbull, The Blood Covenant; Edersheim, The Temple; Gray N, 404-7; Benzinger HA 466-71, 475; Nowaek HA II, 145-49, 153-57, 172-78. Feast of Weeks: Article. Pentecost in Hastings DB, Encyc Bib., and Jewish Encyc; Edersheim, The Temple, ch. XIII; Benzinger HA 476: Nowaek II A II, 149-50, 178-80. Feast of Tabernacles: Article, Feast of Tabernacles in Hastings DB, Encyc. Bib., and Jewish Encyc; Benzinger HA 476; Nowaek HA II, 150- 70, 180-82. Day of Atonement: Article, Bay of Atonement in Hastings DB, Encyc. Bib., and Jewish Encyc; Edersheim, The Temple, 263-88; Schultz OTT I, 367, 368, 402-6; Nowaek HA II, 183-94; Stade GVI II, 182, 258-60; Benzinger HA 477. Sabbatical Year: Article, Sabbatical Year in Hastings DB, Encyc. Bib., and Jewish Encyc; Benzinger HA 474; Noicack HA II, 163-65. Year of Jubilee: Article, Jubilee in Encyc. Bib.; Sabbatical Year in Hastings DB; Sabbatical Year and Jubilee in Jewish Encyc; Wellhausen PHI 116, 117; Benzinger HA 474; Nowaek HA II, 165-72. 286 FIRST DECALOGUE: RIGHTS < >l H.W ES II THE CIVIL AND CRIMINAL DECALOGUES Ol EXODUS 21 AND -.' The following decalogues, together with thai in Exodus 34, represent ili«' oldest Hebrew laws which have been preserved. The Few supplemental laws are. reproduced in the footnotes; the evidence thai these were nol found in the original versions of these decalogues has already been presented in the Introduction, p. -i.J. Superscription Ex. 21 1 Now these are the ordinances which thou shall sel before them : First Decalogue : The Rights of Slaves First Pentad: Males I. Ex. 21 2 If :i man buy a Hebrew slave, the slave shall serve sia years; but in the seventh he shall go free w ithoul having to pay any ransom. II. 3 If he come in single, lie shall go free unmarried. III. If he be married, (hen his wife shall go out with him. IV. 4 If his master give him a wife and she hear him sons or daughters, the wife and her children shall he her master's, hut the man shall go out hv himself. V. 5 If, however, the slave shall definitely say, 1 love my master, my wife and my children; I will not go free, ''then his master -hall bring him before God, and shall lead him to the door, or the door-post, and hi- master -hall bore through his ear with an awl; and the man shall he hi- slave as long a- he livelh. Second Pentad: Females VI. 7 If a man sell his daughter to he a -lave, -he -hall not go free a- do the male slaves. VII. 8 If she do not please her master, who hath espoused her to himself, then lie may lei her he redeemed; only he -hall have no power to -ell her to a foreign people seeing he hath dealt deceitfully with her. VDJ. 9 If he espouse her to hi- -on. he shall deal with her a- with a daughter. IX. l0 If he marry another wife, her food, her raiment, and her duty of marriage shall he not diminish. \ 11 1 r he do not these three thing- to her. then she may go out without having to pay any money. 287 DECALOGUES OF EXODUS 21 AND 22 Second Decalogue : Assaults First Pentad: Capital Offences I. Ex. 2 1 lL 'If a man strike another so that he die the manslayer shall be put to death. II. l3 If a man lie not in wait, but God deliver him into his hand, then I will appoint thee a place to which he may flee. III. 14 If a man attack another maliciously to slay him by treachery, thou shall lake him from mine altar, that he may be put to death. IV. 15 He who striketh his father or his mother shall be put to death. V. l6 He who stealeth a man, and selleth him, or if he still be found in his hand, shall sur-ely be put to death. a Second Pentad: Minor Offences VI. 18 If men contend and one strike the other with a stone or a club, and he die not, but is confined to his bed, 19 then if he rise again, and can walk out supported on his staff, the one who struck him shall be acquitted; only he must pay for the loss of the other man's time until he is thoroughly healed. VII. 20 If a man strike his male or female slave with a stick so that he die at once, the master must be punished. VIII. 21 If, however, the slave survive a day or two, the master shall not be punished for it is his own loss." IX. 20 If a man smite the eye of his male or female slave, so that it is de- stroyed, he shall let him go free for his eye's sake. X. 27 If he knock out a tooth of his male or female slave, he shall let him go free for his tooth's sake. Third Decalogue : Laws Regarding Domestic Animals First Pentad: Injuries by Animals T. Ex. 21 28 If an ox fatally gore a man or a woman, the ox shall be stoned, and its flesh shall not be eaten, but the owner of the ox shall be acquitted. II. 29 But if the ox was already in the habit of goring, and it hath been reported to its owner, and he hath not kept it in, with the result that it hath killed a man or a woman, the ox shall be stoned, and its owner shall also be put to death. "21 lc Although it cuts athwart the context, the following ancient law was inserted here because it likewise imposed capital punishment: 17 Whoever curseth his father or his mother shall be put to death. b 21 21 Clearly -''is the original sequel of 21 . The following early laws have later been in- serted: -'-7/ men strive together and hurt a pregnant woman so that she hath a miscarriage and yet no harm to her result, he shall be fined as the woman's husband sliall determine; and he shall pay for the miscarriage. -'^But if any harm follow, then thou s/ialt give life for life, 2i eye for eye, tooth for tooth, hand far hand, foot for foot, '-'branding for branding, wound for wound, stripe for stripe. 288 LAWS REGARDING DOMESTIC ANIMALS First Pentad: Injuries by Animals III. 30 If a ransom is fixed for him, he shall give for the redemptk>n of In- life whatever amount is determined. IV. 31 Whether the ox hath gored a boy or ;i j,'irl. this law shall l«- executed. V. 32 H an ox gore a male or female slave, thirty shekels <>t Bilver shall !*• given to their master, and the ox shall be stoned. Second Pentad: Injuries f divide the carcass between them. VIII. 3() If it be known that the ox was already in the hahit of ^<>rin^ ami its owner hath not kept it in, he must pay ox for ox, ami the carcass shall belong to him. IX. 22 'If a man steal an ox. or a sheep, and kill it. or sell it. he shall restore five oxen for one ox, ami four sheep for a sheep. '"'If he have noth- ing, then he shall be sold to pay for what he hath stolen. X. 4 If the theft be found in his hand alive, whether it Ik- ox, <»r ;iss. or sheep, he must pay twice its value. Fourth Decalogue : Responsibility for Property First Pentad : Property in General I. Ex. 22 5 If a man burn over a field or vineyard and let the tin' Bpread so that it devoureth a neighbor's field, oul of the hot of hi- own field, and the best of his own vineyard shall he make restitution. II. 6 If fire break out. and catch in thorns, so that the >h<>ch- of grain, or the standing grain, or the field are consumed, he that kindled the lire must make restitution. III. 7 If a man deliver to his neighbor money <>r personal property to keep. and if it be stolen out of the man's house, if the thief he found, the man shall make double restitution. IV. 8 If the thief be not found, then the master of the house shall pome before God to prove whether or not he hath taken his neighbor's g Ifl V. 9 In every case of breach of trust whether it concern an <>\. <>r a". ,, r sheep, or clothing, or any kind of lost thing <>l' which one saith, This j. )t. the case of both parties shall a i before < tod; he whom < tod shall condemn shall make double restitution to his neighlwir. r 22' The sequel of ' is 3b . Van.*, ;; * Dt. 13 13 - 19 The original decalogue versions of this and the four succeeding laws were un- doubtedly at first far briefer, but, in common with most of the early laws in Dt., they have been freely worked over and expanded. Cf. Ex. 22 16 - 20 . 290 FIFTH DECALOGUE: SOCIAL PL KIT V Second Pentad: Fornication and Apo.sta.si/ VI. Ex. 22 16 If a man entice a young girl who is not betrothed, and lie with her, he must make her his wife by paying a dowry tor her. VII. 17 If her father utterly refuse to give her to him, he shall paj money equivalent to the dowry of young girls. VIII. 18 A sorceress shall not In- allowed to live. IX. 19 Whoever lieth with a beast shall surely be put to death. X. 20 He who sacrificeth to other gods, except to Jehovah, shall be placed under the ban. Ill RIGHTS AND DUTIES OF WIVES IX BAMMURABFS (ODE The following are the more important laws in the Code of Hammurabi regarding the rights of wives and the subject of divorce; the translation is from Johns' Bab. and Assyr. Laws, Contracts and Letters: § 133. If a man has been taken captive, and there was maintenance in his house, but his wife has left her house and entered into another man's house; because that woman has not preserved her body, and has entered into the house of another, that woman shall be prosecuted and shall be drowned. § 134. If a man has been taken captive, but there was aol maintenance in his house, and his wife has entered into the house of another, thai woman has no blame. § 13.5. If a man has been taken captive, but there was do maintenance in his house for his wife, and she has entered into the house of another, and has borne him children, if in the future her [first] husband shall return and regain his city, that woman shall return to her firsl husband, but the children shall follow their own father. § 136. If a man has left his city and fled, and. after he has gone, lii> wife has entered into the house of another; if the man return and seize his wife, the wife of the fugitive shall not return to her husband, because h<- hated hi- city and fled. § 137. If a man has determined to divorce a concubine who has borne him children, or a votary who has granted him children, he shall return to that woman her marriage-portion, and shall give her the usufruct of field, garden, and goods, to bring up her children. After her children have grown up, out of whatever is given to her children, they shall <,u'\e her one son's share, and the husband of her choice shall marry her. § 138. If a man has divorced his wife, who has not borne him children, he shall pay over to her as much money as was given for her bride price and the marriage-portion which she brought from her father's bouse, and 90 shall divorce her. § 139. If there was no bride-price, he shall give her one mina of silver. as a price of divorce. 291 RIGHTS OF WIVES IN BABYLONIA § 140. If he be a plebeian, he shall give her one-third of a mina of silver. § 141. If a man's wife, living in her husband's house, has persisted in going out, has acted the fool, has wasted her house, has belittled her husband, he shall prosecute her. If her husband has said, "I divorce her," she shall go her way; he shall give her nothing as her price of divorce. If her husband has said, " I will not divorce her," he may take another woman to wife; the wife shall live as a slave in her husband's house. § 142. If a woman has hated her husband and has said, " You shall not possess me," her past shall be inquired into, as to what she lacks. If she has been discreet, and has no vice, and her husband has gone out, and has greatly belittled her, that woman has no blame, she shall take her marriage- portion and go off to her father's house. § 143. If she has not been discreet, has gone out, ruined her house, be- littled her husband, she shall be drowned. IV REPARATION FOR DAMAGE TO PROPERTY Hammurabi's laws regarding reparation for damage or loss of property reveal the stern paternal ruler (cf. for the corresponding Hebrew laws § 25): $ 229. If a builder has built a house for a man, and has not made his work sound, and the house he built has fallen, and caused the death of its owner, that builder shall be put to death. § 230. If it is the owner's son that is killed, the builder's son shall be put to death. $ 231. If it is the slave of the owner that is killed, the builder shall give slave for slave to the owner of the house. § 232. If he has caused the loss of goods, he shall render back whatever he has destroyed. Moreover, because he did not make sound the house he built, and it fell, at his own cost he shall rebuild the house that fell. >j 233. If a builder has built a house for a man, and has not jointed his work, and the wall has fallen, that builder shall make that wall firm at his own expense. § 235. If a boatman has built a boat for a man, and has not made his work sound, and in that same year that boat is sent on a voyage and suffers damage, the boatman shall rebuild that boat, and, at his own expense, shall make it strong, or shall give a strong boat to the owner. § 236. If a man has let his boat to a boatman, and the boatman has been careless and the boat has been sunk or lost, the boatman shall restore a boat to the owner. § 237. If a man has hired a boat and boatman, and loaded it with corn, wool, oil, or dates, or whatever it be, and the boatman has been careless, and sunk the boat, or lost what is in it, the boatman shall restore the boat which he sank, and whatever he lost that was in it. 292 HAMMURABI'S LAWS OF INHERITANCE V HAMMURABI'S LAWS OF IMIKKH A\< I The Babylonian laws regarding inheritance concede many rights to ■women, although they carefully preserve within cadi family the title to it- hereditary possessions. The laws of Hammurabi present suggestive parallels to and variations from the Old Testament usages : § 150. If a man has presented field, garden, house, or goods to hi> wife, has granted her a deed of gift, her children, after her husband's death, shall not dispute her right; the mother shall leave it alter her death to that one of her children whom she loves hot. She shall not leave it to her kindred. § 162. If a man has married a wife, ami she has borne him children, and that woman has gone to her fate, her father shall lav no claim to her man ■ portion. Her marriage-portion is her children's onl\ . § 163. If a man has married a wife, and she has not borne him children. and that woman has gone to her fate: if his father-in-law has returned to him the bride-price, which thai man brought into the house of his father- in-law, her husband shall have no claim on the marriage -portion of that woman. Her marriage-portion indeed belongs to her father's house § 164. If the father-in-law has not returned the bride-price, the husband shall deduct the amount of her bride-price from her marriage-portion, ami shall return her marriage-portion to her father's house. $ 16.5. If a man has presented field, garden, or house to his son, tin- first in his eves, and has written him a deed of gift: after the father has gone to his fate, when the brothers share, he shall keep the presenl his father gave him, and over and above shall share equally in the goods of his father's estate. § 167. If a man has taken a wife, and she has borne him children and that woman has gone to her fate, and he has taken a second wile, and she also has borne children; after the father has gone to his fate, the sons shall not share according to mothers, hut each family shall take the marriage-portion of its mother, and all shall share the goods of their father's estate equally , § 168. If a man has determined to disinherit his son and has declared before the judge, " I cut oil' my son," the judge shall inquire into the son's past, and, if the son has not committed a grave misdemeanor such as should cut him off from sonship, the father shall disinherit his son. § 170. If a man has had children borne to him by his wife, and also by a maid, if the father in his lifetime has said, " My sons," to the children whom his maid bore him, and has reckoned them with the sous of his wife; then after the father has gone to his fate, the children of the wife and of the maid shall share equally. The children of the wife shall apportion the Bhares and make their own selection. § 171. And if the father, in his lifetime, has not said, " Mj 90ns," to the children whom the maid bore him, after the father has pone to his fat.-, the children of the maid shall not share with the children of the wife in the g Is mi ; HAMMURABI'S LAWS OF INHERITANCE of their father's house. The maid and her children, however, shall obtain their freedom. The children of the wife have no claim for service on the children of the maid. The wife shall take her marriage-portion, and any gift that her husband has (riven her and for which he has written a deed of gift and she shall dwell in her husband's house; as long as she lives, she shall enjoy it, she shall not sell it. Attn- her death it is indeed her children's. § 172. If her husband has not given her a gift, her marriage-portion shall be oiven her in full, and, from the goods of her husband's estate, she shall take a share equal to that of one son. If her children have persecuted her in order to have her leave the house, and the judge has inquired into her past, and laid the blame on the children, that woman shall not leave her husband's house. If that woman has de- termined to leave, she shall relinquish to her children the gift her husband gave her, she shall take the marriage-portion of her father's estate, and the husband of her choice may marry her. § 173. If that woman, where she has gone, has borne children to her later husband, after that woman has died, the children of both marriages shall share her marriage-portion. $ 174. If she has not borne children to her later husband, the children of her first husband shall take her marriage-portion. § 175. If either a slave of a patrician, or of a plebeian, has married the daughter of a free man, and she has borne children, the owner of the slave shall have no claim for service on the children of a free woman. And if a slave, either of a patrician or of a plebeian, has married a free woman and when he married her she entered the slave's house with a marriage-portion from her father's estate, be he slave of a patrician or of a plebeian, and from the time that they started to keep house, they have acquired property: after the slave, whether of a patrician or of a plebeian, has gone to his fate, the free woman shall take her marriage-portion, and whatever her husband and she acquired, since they started house-keeping. She shall divide it into two portions. The master of the slave shall take one half, the other half the free woman shall take for her children. § 176. If the free woman had no marriage-portion, whatever her husband and she acquired since they started house-keeping, she shall divide into two portions. The owner of the slave shall take one half, the other half the free woman shall take for her children. § 177. If a widow, whose children are young, has determined to marry again, she shall not marry without consent of the judge. When she is allowed to remarry, the judge shall inquire as to what remains of the property of her former husband, and shall intrust the property of her former husband to that woman and her second husband. He shall give them an inventory. They shall watch over the property, and bring up the children. Not a utensil shall they sell. A buyer of any utensil belonging to the widow's children shall lose his money and shall return the article to its owners. § 178. If a female votary, or vowed woman, has had given her by her father a portion, as for marriage, and he has written her a deed, and in the 294 RIGHTS OF DAUGHTERS deed which he has written her he ha-- not written lhat she may leave it as she pleases, and has not granted her all her desire, alter her lather has gone to his fate, her brothers shall take her field, or garden, and. according to the value of her share, shall give her corn, oil. and wool, and shall content her heart. If they f her father's estate, taking one-third of a child's share. She shall enjoy her share, as long as she lives. After her. it belongs to her brothers. § 182. If a lather has nol given a portion, as for marriage, to his daughter, a votary of Marduk of Babylon, and has not written her a deed; after her father has gone to his fate, she shall share with her brothers from the goods of her father's estate, taking one-third of a child's share. She shall not besubjed to duty. The votary of Marduk shall leave it alter her to whom she pleases. § 188. If a lather has given a portion, as for marriage, to his daughter by a concubine, and has given her to a husband, and has written her a deed; after her father has gone to his fate, she shall not share in the goods of her father's house. § 1S1. W a man has not given a (portion, as for marriage. I., hi- daughter by a concubine, and has not given her to a husband: after her father ha- gone to his fate, her brothers shall present her with a marriage-portion, according to the wealth of her lather's estate, and shall give her I., a husband. \ I BAMMURABI'S LAWS REGARDING ASSA1 I r * 1!)<;. If a man has knocked .nil the eye of a patrician, his eye shall In- knocked OUt. § 1!)7. If he has broken the limb of a patrician, his hml. -hall be broken. $ 1«)8. If he has knocked out ihe eye of a plebeian or has broken the limb of a plebeian, he shall pay one mina of silver. 295 HAMMURABI'S LAWS REGARDING ASSAULT § 199. If he has knocked out the eye of a patrician's servant, or broken the limb of a patrician's servant, he shall pay half his price. § 200. If a patrician has knocked out the tooth of a man that is his equal, his tooth shall be knocked out. § 201. If he has knocked out the tooth of a plebeian, he shall pay one-third of a mina of silver. § 202. If a man has smitten the privates of a man, higher in rank than he, he shall be scourged with sixty blows of an ox-hide scourge, in the assembly. § 203. If a man has smitten the privates of a patrician, of his own rank, he shall pay one mina of silver. § 204. If a plebeian has smitten the privates of a plebeian, he shall pay ten shekels of silver. § 20.5. If the slave of anyone has smitten the privates of a free-born man, his ear shall be cut off. § 206. If a man has struck another in a quarrel, and caused him a perma- nent injury, that man shall swear, " I struck him without malice," and shall pay the doctor. § 207. If he has died of his blows, [the man] shall swear [similarly], and pay one-half a mina of silver; or, § 208. If [the deceased] was a plebeian, he shall pay one-third of a mina of silver. § 209. If a man has struck a free woman with child, and has caused her to miscarry, he shall pay ten shekels for her miscarriage. § 210. If that woman die, his daughter shall be killed. § 211. If it be the daughter of a plebeian, that has miscarried through his blows, he shall pay five shekels of silver. § 212. If that woman die, he shall pay half a mina of silver. § 213. If he has struck a man's maid and caused her to miscarry, he shall pay two shekels of silver. § 214. If that woman die, he shall pay one-third of a mina of silver. VII HAMMURABI'S PENALTIES FOR THEFT The following are the more important laws in the Code of Hammurabi concerning robbery : • § 6. If a man has stolen goods from a temple, or house, he shall be put to death; and he that has received the stolen property from him shall be put to death. § 7. If a man has bought or received on deposit from a minor or a slave, either silver, gold, male or female slave, ox, ass, or sheep, or anything else, except by consent of elders, or power of attornev, he shall be put to death for theft. § 8. If a patrician has stolen ox, sheep, ass, pig, or ship, whether from a temple, or a house, he shall pay thirtyfold. If he be a plebeian, he shall return tenfold. If the thief cannot pay. he shall be put to death. 296 PENALTIES FOR THEFT § 9. If a man has lost property and some of it he detected in the p< of another, and the holder has said, "A man sold it to me, I bought it in the presence of witnesses "; and if the claimant has Baid, *' 1 can bring witni who know it to be property lost by me"; then the alleged buyer on hi- , shall produce the man who sold it to him and the witnesses before whom In- bought it; the claimant shall on his part produce the witnesses who know it to be his lost property. The judge shall examine their pleas. The wit- nesses to the sale and the witnesses who identity the losl property shall state on oath what they know. Such a seller is the thief and shall be put to death. The owner of the lost property shall recover his losl property. The buyer shall recoup himself from the seller's estate. § 10. If the alleged buyer on his part has not produced the seller or tin- witnesses before whom the sale took place, but the owner of the lost prop on his part has produced the witnesses who identity it a> hi-, then the [pre- tended] buyer is the thief; he shall be put to death. The owner of the losl property shall take his lost property. § 11. If, on the other hand, the claimant of the losl property has not brought the witnesses that know his lost property, he has been guilty of slander, he has stirred up strife, he shall be put to death. § 12. If the seller has in the meantime died, the buyer shall take from his estate fivefold the value sued for. § 21. If a man has broken into a house he shall be killed before the brea* h and buried there. § 22. If a man has committed highway robbery and has keen caught, that man shall be put to death. §23. If the highwayman has not been caught, the man that has been robbed shall state on oath what he has lost and the city or distrid governor in whose territory or district the robbery took place shall restore t<> him what he has lost. §24. If a life [has been lost], the city or district governor shall pay one mina of silver to the deceased's relatives. § 25. If a fire has broken out in a man's house and one who ha- come to put it out has coveted the property of the householder and appropriated any of it, that man shall be cast into the sell-same fire. VIII THE MARSEILLES SACRIFICIAL TABLET Near the ruins of ancient Carthage a Phoenician inscription ha- been found which throws much light upon the old Canaanitisn sacrificial customs. Al- though it cannot be dated earlier than the fourth or tilth eel. in before the Christian era, it doubtless faithfully reflects much earlier institutions In general the same sacrificial terms are used and the same law- prevail as among the Hebrews during the same period. Unfortunatel) the tablet. which is now ai Marseilles, has been broken in many places and the meaning 297 THE MARSEILLES SACRIFICIAL TABLET of several of the terms used is still doubtful. By the aid of parallels and the implications of the context the text may, however, be tentatively restored as follows : temple of Baal[ ]. Tariff of dues, set up by the superintendents of the dues in the time of [ ]baal the governor 1 , son of Bodtanit, son of Bodeshmun, and of Halazbaal, the governor, son of Bodeshmun, son of HaJazbaal and their colleagues. 3 For an ox, whether it be a whole-offering, or a prayer-offering, or a whole thank-offering, the priests shall have ten shekels of silver for each; and if it be a whole-offering, they shall have, besides this payment, three hundred shekels of flesh ; and if it be a prayer-offering, the . . . and the . . . ; but the skin, and the . . . , and the feet, and the rest of the flesh, shall belong to the person offering the sacrifice. 5 For a calf whose horns are imperfect . . . , or for a hart, whether it be a whole-offering, or a prayer-offering, or a whole thank-offering, the priests -hall have five shekels of silver for each; and if it be a whole-offering, they shall have, besides this payment, one hundred and fifty shekels of flesh; and if it be a prayer-offering, the . . . and the . . . ; but the skin, and the . . . , and the feet, and the rest of the flesh, shall belong to the person offering the sacrifice. "For a ram, or for a goat, whether it be a whole-offering, or a prayer- offering, or a whole thank-offering, the priests shall have one shekel, and two zars, of silver for each; and if it be a prayer-offering, they shall have, besides this payment, tin- .... and the . . . ; but the skin, and the . . . , and the feet, and the rest of the flesh, shall belong to the person offering the sacrifice. 9 For a lamb, or for a kid, or for the young of a hart, whether it be a whole- offering, or a praver-offering, or a whole thank-offering, the priests shall have three-fourths of a shekel, and two zars of silver for each; and if it be a prayer-offering, they shall have, besides this payment, the . . . , and the . . . ; but the skin, and the . . . , and the feet, and the rest of the flesh,, shall belong to the person offering the sacrifice. n For a bird, whether domestic or wild, whether it be a whole thank- offering, or a . . . , or a . . . , the priests shall have three-fourths of a shekel, and two zars of silver for each; but the flesh shall belong to the person offering the sacrifice. 12 For a bird, or sacred firstfruits, or a sacrifice of game, or a sacrifice of oil, the priests shall have ten gerahs for each. 13 In every praver-offering. which is presented before the gods, the priests shall have the . . . , and the ... in the prayer-offering. 14 For a cake, and for milk, and for fat, and for every sacrifice which a man may offer as a cereal-offering, the priests shall have . . . 15 For every sacrifice which a poor man may offer in cattle or birds, the priests shall have nothing. 16 Everv . . . , and every . . . , and every . . . , and all men who may •Lit., sufjete, or, judge, i. e., the chief ruler of Carthage. 298 TABLES OF WEIGHTS AM) MEAS1 RES sacrifice, 17 these men shall give as payment for each sacrifice, according as is prescribed in the regulations . . . 18 Every due which is not prescribed in thi> table shall 1><- made according to the regulations which were drawn up by the superintendents of the dues in the time of [ ]baal son of Bodtanit, l9 and Halazbaal boh of Bodeah- mun, and their colleagues. 20 Every priest who may accept a due other than that which is prescribed in this table, shall be fined . . . IX TABLES OF WEIGHTS AND MEAS1 RES These tables will give the approximate equivalents of the weights and measures employed in this volume. The following weights are computed according to the Troy standard : Bahyi.omw Phoenician HEAVY I.K.Hl III \\\ IK. Ill Shekel 7 oz. .:!.", oz. .47 oz. Mina 3.5lbs. L.75lbs. libs. I.17lbs. Talent 210.4 " 105.19 " 140.25 " 70.12 ' Dry and I>iqi h> M easi ri a i.i rid a i. uxons Log 50 M Cab - " -' u Omer Sacred Hin *■■"•* ' "" Ilin 606 Great Hin 9M Seah '' '' Bath »■» Homer 7u s " ° ■' Line ua M i usi ri a LONGEB Si ~i i \i METRES [NCHES Finger's breadth 022 Palm " s - ; " Span 262 10.83 Cubit 525 M>.67 299 Shorti r Si bti m mi i ki a i\< in - 019 71 075 .450 17.72 THE POST-EXILIC SACRED CALENDAR X THE POST-EXILIC SACRED CALENDAR The following table will indicate in outline the dates and history of the more important feasts and fasts of later Judaism : Sabbatical Feasts and Sacred Years Sabbath New Moon Sabbatical Year Year of Jubilee Feast of over Pass- Feast of Wood Offering Feast of Un- leavened Bread Feast of Weeks or Pentecost New Year's Day or Feast of Trumpets Day of Atone- ment Feast of Taber- nacles References Outside the Legal Books I Sam. 20 5 - 6 , II Kgs. 4 23 , ll 5 " 7 , Neh. 8 9 " 13 , 10 31 , lS 1 ^ 22 , Is. 56 2 " 6 , 58 12 , Jer. 17 20 " 27 , Ezek. 20 12 " 16 , Hos. 2 13 , Am. 85, Mt. 12 9 ' 13 , Mk. 3 1 *, Lu. G 6 " 10 , IS 10 ' 1 *, Jn. 5 1 " 16 , 9 14 " 16 I Sam. 20 5 , Ps. 81 3 - 4 , Is. I 13 - 14 , Am. 8 5 , 1 Mac. 10 34 Jer. 34, II Chr. 36 21 , Neh. 10 31 , I Mac. 6 53 Is. 61 L 2 , 63 4 , Lk. 4 18 " 21 The Annual Feasts and Fasts Pre-exilic Date Post-exilic Date In first month (March-April) Seven days in first month Seven weeks after the beginning of grain harvest Fourteenth day of first "month (March- April) Fifteenth of first month Fifteenth to twen- ty-second of first month Fifty (1 a y s after passover: about the eighth of third month (early in June) First day of seventh month (Sept.- Oct.) Seventh day of seventh month Seven days at the end of the year, when all the fruits had been harvested 300 Fifteenth to twenty- second of seventh month (Sept.-Oct.) Important Refer- ences Outside the Legal Books Josh. 5 10 , II Chr. 30, 35, Ezra 6 19 , Mt.26 2 ,Actsl2 4 Jos. BJ II, 17 6 Josh. 5 11 , II Chr. 3.3 17 , Ezra 6 22 II Mac. 12 32 , Acts 2 1 , 20 16 , I Cor. 16 8 Neh. 8 9 - 10 Ben S. 50 521 , Acts 27 9 , Heb. 2 18 , 4,14-16 5I-IO I Kgs. 8 2 , 12 32 , II Chr. 5 3 ,7 8 , Ezra 3 4 , 8 14 " 17 , Zech. 14 16 " 19 , Jn. 7 1 - 10 21 THE ANNUAL FEASTS AND PASTS Pre-exilic Date Nicanor's Day (later Fast of Esther) Feast of Purim Post-exilic Date Feast of Dedlca- Eight tion or Lights .1;: be- ginning t he twenty-fifth day <>t' ninth month (Nov.-De. Th irteenth o I' twelfth month Feb.-March) Fourteenth ;i a