CHAPTER IX.

THE LAW OF THE PRIESTS.

Out of the peculiar relation in which Israel stood from all antiquity to

his God, out of the protection and prosperity which he had granted to

the patriarchs and their seed, out of the liberation from the oppression

of the Egyptians, which Jehovah had prepared for the Israelites with a

strong arm, out of the bestowal of Canaan, _i.e._ the promise of Jehovah

to conquer the land, which the Israelites had now possessed for

centuries, there grew up in the circles of the priests, from about the

time of Samuel, the idea of the covenant which Jehovah had made with the

patriarchs, and through them with Israel. Jehovah had assured Israel of

his protection and blessing; on the other hand, Israel had undertaken to

serve him, to obey his commands, and do his will. If Israel lives

according to the command of Jehovah, the blessing of his God will

certainly be his in the future also; the reward of true service will not

and cannot be withheld from him. The will of Jehovah which Israel has to

obey, the law of Jehovah which he has to fulfil, was contained in the

moral precepts, the rules of law, and rubrics for purification and

sacrifice, the writing down of which in the frame-work of a brief

account of the fortunes of the fathers, the slavery in Egypt, the

liberation and the conquest of Canaan, on the basis of older sketches

of separate parts, was brought to a conclusion at Hebron, in the

priestly families of the tribe of Aaron, about the first decade of

David's reign (I. 385). In this writing were laid down the views held by

the priesthood on the life pleasing to God, on the past of the nation

and the priests, and of the correct mode of worship. It was the ideal

picture of conduct in morals, law and worship which the priests strove

after, which must in any case have existed in that great period when

Jehovah spoke to the Israelites by the mouth of Moses. And, as a fact,

the foundations of the moral law, the fundamental rules of law and

customs of sacrifice, as we found above (I. 484), do go back to that

time of powerful movement of the national feeling, of lofty exaltation

of religious emotion against the dreary polytheism of Egypt.

It is doubtful, whether the families of the priests and sacrificial

servants who traced back their lineage to Levi, the son of Jacob (p.

197), and were now united by David and Solomon for service at the sacred

tabernacle, for sacrifice and attendance at the temple, had of antiquity

formed a separate tribe, which afterwards became dispersed (I. 488),--or

if this tribe first was united under the impression made by the idea of

true priesthood, which those writings denoted as an example and pattern,

and under the influence of the change introduced by the foundation of a

central-point for the worship of Israel in the tabernacle of David, and

then in the temple of Solomon, for the priestly families scattered

through the land, by means of a gradual union of the priestly families;

at all events, a position at least equal in dignity to the rest of the

tribes ought to be found for the tribe of Levi, which knew the will and

law of Jehovah, and the correct mode of sacrifice. It was not indeed

possible in Israel to give the first and most ancient place to the

tribe of the priests, as has been done in other nations where a division

of orders has crystallised into hereditary tribes. In the memory of the

nation Reuben was the first-born tribe, _i.e._ the complex of the oldest

families, the oldest element of the nation, and the importance of the

tribes derived from Joseph and the tribe of Judah in and after the

conquest of Canaan was so firmly fixed that the tribe of Levi could not

hope to contend with them successfully in the question of antiquity. But

what was wanting in rank of derivation could be made up by special

blessings given by Jehovah, and by peculiar sanctity. According to an

old conception the first-born male belonged to Jehovah. In the sketch of

the fortunes of Israel and of the law, Jehovah says to Moses, he will

accept the tribe of Levi in place of the first-born males of the people.

The number of the first-born males of one month old of all the other

tribes was taken--they reached 22,373; the number of all the men and

boys down to the age of one month in the tribe of Levi was 22,000. These

22,000 Levites Jehovah took in the place of the first-born of the

people, and the remaining 373 were ransomed from Jehovah at the price of

five shekels of silver for each person.[368] Thus the Levites were

raised by Jehovah to be the first-born tribe of Israel. Levi was the

tribe which Jehovah had selected for his service, the chosen tribe of a

chosen nation. Moses and Aaron were of this tribe, and if, instead of a

few families who stood beside Moses when he led Israel out of Egypt, and

restored the worship of the tribal deity, the whole tribe of Levi was

represented as active in his behalf, and as a supporter of Moses, the

consecration of age was not wanting to this tribe, and reverence was

naturally paid to it in return for such ancient services.

The Levites were not to busy themselves with care for their maintenance,

they were not to work for hire, or possess any property; they were to

occupy themselves exclusively with their sacred duties. Instead of

inheritance Jehovah was to be their heritage.[369] It is true that the

plan for the maintenance of the tribe of Levi, sketched in the first

text on the occasion of the division of Canaan, the 48 cities allotted

to them in the lands of the other twelve tribes (13 for the priests and

35 for the assistant Levites[370]), could never be carried out; yet

claims might be founded on it. Moreover, the necessary means for support

were supplied in other ways. The firstlings of corn, fruits, the

vintage, the olive tree, were offered by being laid on the altar. No

inconsiderable portion of other offerings was presented in the same

manner. All these gifts could be applied by the priests to their own

purposes.[371] But by far the most fruitful source of income for the

priesthood was the tithe of the produce of the fields, which was offered

according to an ancient custom to Jehovah as his share of the harvest.

The law required that a tenth of corn, and wine, and oils, and of all

other fruits, and the tenth head of all new-born domestic animals,

should be given to the priests.[372] The statements of the prophets and

the evidence of the historical books prove that the tithes were offered

as a rule, though not invariably. As the Levites who were not priests

had no share in the sacrifices, the law provided that the tithe should

go to them, but the Levites were in turn to restore a tenth part of

these tithes to the priests. Finally, the law required that a portion

of the booty taken in war should go to the Levites; that in all

numberings of the people and levies each person should pay a sum to the

temple for the ransom of his life.[373]

Only the descendants of Aaron could take part in the most important

parts of the ceremonial of sacrifice. From his twenty-fifth or thirtieth

year to his fiftieth every Levite was subject to the temple

service.[374] The law prescribed a formal dedication, with

purifications, expiations, sacrifices, and symbolical actions for the

exercise of the lower as well as the higher priesthood, for the offering

of sacrifice and the sprinkling of the blood as well as for the due

performance of the door-keeping. At the dedication of a priest these

ceremonies lasted for seven days, but the chief import of the ritual was

to denote the future priest himself as a sacrifice offered to Jehovah.

Only those might be dedicated who were free from any bodily blemish. "A

blind man, or a lame, or he that hath a flat nose, or anything

superfluous, or a man that is broken-footed, or broken-handed, or

crook-backt, or a dwarf, or that hath a blemish in his eye, or be

scurvy, or scabbed, or hath his stones broken shall not come nigh to

offer the offering of the Lord made by fire."[375]

No priest was to make baldness on his head or shave off the corners of

his beard, or make any cuttings in his flesh;[376] before the sacrifice

he might not take wine or any intoxicating drink; he was required to

devote himself to especial purity and cleanliness, and observe in a

stricter degree the laws concerning food; he might not marry a widow or

a woman divorced from her husband, still less a harlot; he was to avoid

most carefully any contact with a corpse: only in the case of his

nearest relatives was this defilement allowed. The clothing of the

priests was definitely prescribed. He must wear a robe of white linen

(byssus), woven in one piece; and this robe was held together by a

girdle of three colours, red, blue and white. The priest also wore a

band of white linen round his head, and trousers of white linen in order

that he might not discover his nakedness when he ascended the steps of

the altar.[377]

The foremost place among the consecrated priests was occupied by the

high priest. He alone had the right to enter the inner space of the

sanctuary, the cell in which stood the ark of the covenant--the other

priests could enter the outer space only; he alone could offer sacrifice

in the name of the whole people, he alone could announce the will and

oracle of Jehovah, and consecrate the priests. The ritual for the high

priest was most strict. In the belief of the Hebrews the most accurate

knowledge and the most careful circumspection was needed in order to

offer an effective sacrifice and avoid arousing the anger of Jehovah by

some omission in the rite, and if the law required of all priests that

they should devote themselves to especial purity and holiness, this

demand was made with peculiar severity upon the high priest. He might

marry only with a pure virgin of the stock of his kindred; he must keep

himself so far from all defilement that he might not touch the corpse

even of his father and his mother; he might not, on any occasion, rend

his garments in sorrow. The distinguishing garb of the high priest was a

robe of blue linen, which on the edge was adorned with pomegranates and

bells; the bells were intended, as the law says, to announce the coming

of the priest to the God who dwelt in the shrine of the temple, that

the priest might not die.[378] Over this robe the high priest wore a

short wrapper, the so-called ephod or shoulder-garment, and on his

breast in front the tablet with the holy Urim and Thummim, by means of

which he inquired of Jehovah, if the king or any one from the people

asked for an oracle. The other priests also, at least in more ancient

times, wore the ephod with the Urim and Thummim; but the ephod of the

high priest was fastened on the shoulders by two precious stones, and

the front side of his breastplate was made of twelve precious stones set

in gold, on which were engraved the names of the twelve tribes. The

head-band of the high priest was distinguished from that of the other

priests by a plate of gold bearing the inscription, "Holy is Jehovah;"

he might not even uncover his head.[379]

The mode of worship was regulated by the law in a systematic manner.

Beside the Sabbath, on keeping which the law laid special stress, and

regarded it as a symbol of the relation of Israel to Jehovah, the

Israelites celebrated feasts at the new moon and the full moon,[380] and

held three great national festivals in the year. These festivals marked

in the first instance certain divisions of the natural year. Yet the

first, the festival of spring, had from ancient times a peculiar

religious significance. It has been remarked above that at the spring

festival not only were the firstlings of the harvest, the first ears of

corn, offered to the tribal God, but that also, as at the beginning of a

new season of fertility, a sin offering, the vicarious sacrifice of a

lamb, was made for the first-born which were not offered. The spring

festival was also the festival of the sparing of the first-born, the

Passah or passover of Jehovah (I. 414). The priestly ordinance, which

sought to give a definite historical cause for the customs of the

festival, and to mark the favours which Jehovah had granted to his

people, connects the old usages of this festival with the exodus from

Egypt, and we have already seen how from this point of view old

ceremonies of this festival were transformed, and new ones were added

(I. 445). As the spring festival was kept in the first month of the

Hebrew year, Nisan (March-April) (it began on the evening of the day

after the new moon, at the rise of the full moon, when the sun is in the

Ram), the exodus from Egypt was supposed to have taken place on the

morning which followed this night. The Passah continued for seven days,

in which, from the morning of the second day to the evening of the

seventh, only unleavened bread could be eaten, i.e. the firstlings of

the corn in their original form, and no business could be carried on. On

each of the seven days of the feast, according to the law, two young

bulls, a ram and seven yearling lambs were offered as a burnt offering

for Israel in the temple, and besides these a goat, as a sin offering.

The neglect of the festival, the eating of leavened bread on any of the

days, was threatened by the law with extirpation from the

community.[381] As the greater number of the tribes attained to a

settled life and agriculture, the feast of the ripe fruits or harvest

naturally rose to importance beside this festival of the earliest

fruits. Seven full weeks after the commencement of the Passah, or six

weeks after the end of it, the feast of new bread was celebrated. The

sheaves were brought, the corn trodden out, the first new meal

prepared. According to the law, each house in Israel, _i.e._, no doubt,

each which possessed land and flocks, had to bring two leavened

firstling loaves of new wheaten meal and two yearling lambs as a thank

offering. Before these were offered no one could eat bread made from the

new corn.[382] The festival of autumn, which took place in the seventh

month of the Hebrew year (September--October), from the fourteenth to

the twenty-first day of the month, was merrier and of longer duration.

It was the festival of the completion of the in-gathering, and of the

vintage, and consequently can hardly go back beyond the time of the

settlement in Canaan.[383] It was customary to erect arbours of palm

leaves, willows, and oak branches, as was indeed necessary at a time

when men were occupied in remote orchards and vineyards, and in these

the feast was kept, unless it was preferred to keep it at some important

place of sacrifice, in order to offer the thank offering there,[384] and

in this case those who came to the feast also passed the day in tents or

arbours. Like the feast of spring, the feast of tabernacles continued

for seven days. According to the law, Israel was to offer 70 bulls, 14

rams, and seven times 14 lambs at this festival as a burnt offering. To

this feast also a historical meaning was given; the tabernacles were

erected to remind Israel of the fact that he had once dwelt in tents in

the wilderness.

At these three festivals, "thrice in the year, all the males of Israel

must appear before Jehovah."[385] Such was the law of the priests. It

was the intention of the priests that the three great festivals should

be celebrated at the dwelling of Jehovah, _i.e._ at the tabernacle, and

afterwards at the temple; hence at the great festivals the Israelites

were to go to Jerusalem. But the strict carrying out of such a common

celebration was opposed to the character of the festivals themselves. We

saw that even when the sacred ark still stood at Shiloh, pilgrimages

were made thither once a year at the festival of Jehovah. After the

erection of the tabernacle and the temple this, no doubt, took place

more frequently, and the numbers were greater. Yet the object of the

priests could not be completely realised. The paschal festival was the

redemption of the separate house, of each individual family. This

meaning and object was very definitely stamped on the ritual. In a

similar manner, the feast of the beginning of harvest and of the first

fruits required celebration at home, on the plot of land, and this was

still more the case with the festival of thanksgiving for the completed

harvest.

Before the people rejoiced in the blessing of the completed harvest at

the feast of tabernacles, all misdeeds which might have defiled the year

to that time must be cancelled and removed by a special sacrifice. For

this object the law on this occasion made a requirement never demanded

at any other time. From the evening of the ninth to the evening of the

tenth day there was not only a cessation of business, but a strict fast

was kept. Every man among the people must subject himself to this

regulation, and he who transgressed it was threatened with the loss of

his life.[386] The high priest had first to cleanse himself and the

other priests, and then the dwelling of Jehovah; for even the sanctuary

might be defiled by the inadvertence of the priests. When the high

priest had bathed he must clothe himself in a coat and trousers of white

linen, with a girdle and head-band of the same material, and offer a

young bull as a sin offering. Bearing a vessel filled with the blood of

this victim, and with the censer from the altar of incense in the

interior of the sanctuary, which contained burning coals and

frankincense, the high priest went alone into the holy of holies, behind

the curtain before the ark of the covenant. Immediately on his entrance

the clouds arising from the censer must fill the chamber, that the

priest might not see the face of Jehovah over the cherubs and die. Then

the high priest sprinkled the blood from the vessel seven times towards

the ark, and when thus cleansed he turned back to the court of the

sanctuary, in which two goats stood ready for sacrifice. He cast lots

which of the two should be sacrificed to Jehovah and which to Azazel,

the evil spirit of the desert. When the lot was cast, the high priest

laid his hand on the head of the goat assigned to Azazel, confessed all

the sins and transgressions of Israel on this goat, and laid them on his

head, in order that he might carry them into the desert-land into which

the goat was driven from the sanctuary. Then the high priest slew the

other goat assigned to Jehovah, and, returning into the holy of holies,

sprinkled with his blood the ark of the covenant for the second time, in

order to purify the people. When the altar of incense, in the outer part

of the sanctuary, had been sprinkled in a similar manner, the high

priest declared that Jehovah was appeased. After a second bath he put on

his usual robes, and offered three rams as burnt offerings for himself,

the priesthood, and the nation.[387]

All sacrifices were to be offered at the tabernacle, "before the

dwelling of Jehovah;" and afterwards in like manner in the temple. The

law of the priests threatened any one with death who sacrificed

elsewhere.[388] The most essential regulations for the offering of

sacrifice are perhaps the following:--Any one who intended to bring an

offering must purify himself for several days. Wild animals could not be

offered. In the Hebrew conception the sacrifice is the surrender of a

part of a man's possessions and enjoyments. Hence only domestic

offerings could be offered, because only these are really property.

Cattle, sheep, and goats were the animals appointed for sacrifice. The

poorer people were also allowed to offer doves. Each victim must be

without blemish and healthy, and it must not be weakened and desecrated

by labour. Before the animal was killed the sacrificer laid his hand on

its head for a time; then he who offered the sacrifice, whether priest

or layman, slew the victim, but only the priest could receive the warm

blood in the sacrificial vessel. With this vessel in his hand the priest

went round the altar and sprinkled the feet, the corners, and the sides

of it with the blood of the victim. In the Hebrew conception the life of

the victim was in its blood, and thus the sprinklings which were to be

made with it form the most important part of the holy ceremony. From

ancient times the burnt offering was the most solemn kind of sacrifice.

Only male animals, and, as a rule, bulls and rams, could be offered as

burnt offerings. When they had been slain and skinned these offerings

were entirely burnt in the fire on the altar, without any part being

enjoyed by the sacrificer or the priest, as was the case in other kinds

of offerings; only the skin fell to the share of the priests. As the

burnt offering was intended to gain the favour of Jehovah, so were the

sin offerings intended to appease his anger and blot out transgressions.

For sin offerings female animals were used as a rule, as male animals

for the burnt offerings,[389] but young bulls and he-goats were also

offered as expiatory offerings for the whole people, and for oversights

or transgressions of the priests in the ritual, and for sin offerings

for princes. In sin offerings only certain parts of the entrails were

burnt, the kidneys, the liver, and other parts; and in this sacrifice

the priests sprinkled the blood on the horns of the altar; the flesh

which was not burned belonged to the priests. In thank offerings and

offerings of slaughter (so called because in these the slaying and

eating of the victim was the principal matter) only the fat was burnt,

the priests kept the breast and the right thigh,[390] the rest was eaten

by the sacrificer at a banquet with the guests whom he had invited; but

this banquet must be held at the place of sacrifice, on the same or at

any rate on the following day. Drink offerings consisted of libations of

wine, which were poured on and round the altar (libations of water are

also mentioned, though not in the law, p. 115); the food offerings in

fruits, corn, and white meal, which the priests threw into the fire of

the altar; in bread and cookery, which, drenched with oil and sprinkled

with salt and incense, was partly burned, and partly fell to the lot of

the priests. Lastly, the incense offerings consisted in the burning of

incense, which did not take place, like the other sacrifices, on the

larger altar in the court of the sanctuary, but on the small altar,

which stood in the space before the holy of holies of the tabernacle,

and afterwards of the temple.[391]

According to the law, a service was to be continually going on in the

dwelling of Jehovah. The sacred fire on the altar in the interior of the

tabernacle was never to be quenched; before the holy of holies on the

sacred table twelve unleavened loaves always lay sprinkled with salt and

incense, as a symbolical and continual offering of the twelve tribes.

Each Sabbath this bread was renewed, and the loaves when removed fell to

the priests. Before the curtain of the holy of holies the candlestick

with seven lamps was always burning, and every morning and evening the

priests of the temple were to offer a male sheep as a burnt offering at

the dwelling of Jehovah, and two sheep on the morning and evening of the

Sabbath. The high priest had also to make an offering of corn every

morning and evening.[392]

Beside the sacrifice, the law of the priests required the observance of

a whole series of regulations for purity. It is not merely bodily

cleanliness which these laws required of the Israelites, nor is it

merely a natural abhorrence of certain disgusting objects which lies at

the base of these prescriptions; it is not merely that to the simple

mind physical and moral purity appear identical, that moral evil is

conceived as a defilement of the body; nor are these regulations merely

intended to place a certain restriction on natural states and impulses.

These factors had their weight, but beside them all a certain side of

nature and of the natural life was set apart as impure and unholy. The

laws of purity among the Israelites are far less strict and

comprehensive than those of the Egyptians and the Indians; but if we

unite them with the ritual by which transgressions of these rules were

done away and made good, they form a system entering somewhat deeply

into the life of the nation.

For the laity also the law required and prescribed cleanliness of

clothing. Stuffs of two kinds might not be worn; pomegranates must be

fixed on the corners of the robe. The field and vineyard might not be

sown with two kinds of seed; nor could ox and ass be yoked together

before the plough.[393] Certain animals were unclean, and these might

not be eaten. The clean and permitted food was obtained from oxen,

sheep, goats, and in wild animals from deer, wild-goats, and gazelles,

and in fact from all animals which ruminate and have cloven feet.

Unclean are all flesh-eating animals with paws, and more especially the

camel, the swine, the hare, and the coney. Of fish, those only might be

eaten which have fins and scales; all fish resembling snakes, like eels,

might not be eaten. Most water-fowl are unclean; pigeons and quails, on

the other hand, were permitted food. All creeping things, winged or not,

with the exception of locusts, are forbidden.[394] Moreover, if the

permitted animals were not slain in the proper manner their flesh was

unclean; if it had "died of itself," or was strangled, or torn by wild

beasts,[395] the use of the blood of the animal was most strictly

forbidden, "for the life of all flesh is the blood;" even of the animals

which might be eaten the blood must be poured on the earth and covered

with earth.[396] As the eating of forbidden food made a man unclean, so

also did all sexual functions of man or woman, and all diseases

connected with these functions, including lying in child-bed. Every one

was also unclean on whose body was "a rising scab or bright spot," but

above all the white leprosy rendered the sufferer unclean.[397] Finally,

any contact with the corpse of man or beast, whether intentional or

accidental, rendered a man unclean. The house in which a man died, with

all the utensils, was unclean; any one who touched a grave or a human

bone was tainted.[398]

The priestly regulations set forth in great detail the ceremonies, the

washings and sacrifices, by which defilements were to be removed. The

unclean person must avoid the sanctuary, and even society and contact

with others, till the time of his purification, which in serious

defilements can only begin after the lapse of a certain time. In the

more grievous cases ordinary water did not suffice for the cleansing,

but from the ashes of a red cow without blemish, which was slain as a

sin offering and entirely burnt, the priest prepared a special water of

purification with cedar wood and bunches of hyssop. The reception of

healed lepers required the most careful preparations and most scrupulous

manipulations.

Among the regulations of purity is reckoned the custom of circumcision,

which was practised among the Israelites, and retained by the law. Yet

the reason for this peculiar custom, which according to the regulations

of the priests was performed on the eighth day after birth, the first

day of the second week of life,[399] seems to lie in other motives

rather than in the desire to remove a certain part of the male body

which was regarded as unclean. We saw above that according to the old

conception of the Israelites the firstborn must be ransomed from

Jehovah, that the life of all boys, if it was to be secured, must be

purchased from Jehovah (I. 414, 448). Hence, if we may follow the hint

of an obscure narrative, it is not improbable that circumcision of the

reproductive member was a vicarious blood-sacrifice for the life of the

boy. When Moses returned from the land of Midian to Egypt--so we learn

from the Ephraimitic text--"Jehovah met him in the inn, and sought to

kill him. Then Zipporah took a sharp stone, and cut off the foreskin of

her son, and cast it at his feet, and he departed from him."[400] To the

Israelites circumcision was a symbol of their connection with the

nation, of their covenant with Jehovah and selection by him.

The most important part of the purity of the people of Jehovah was their

maintenance of his worship, the strict severance of Israel from the

religion of their neighbours and community with them. It was now seen

what influence living and mingling with the Canaanites had exercised in

the national worship, and it was perceived what an attraction the Syrian

rites had presented for centuries to the nation, and what a power they

still had upon them. Hence even Moses was said to have given the command

to destroy the altars and images of the Canaanites, to drive out all the

Canaanites, and make neither covenant nor marriage with them.[401] The

law forbade sacrifices to Moloch under penalty of death; any one who did

so was to be stoned. Those who made offerings to other gods than Jehovah

were to be "accursed" (I. 499). Wizards were also to be stoned.[402] "Ye

shall not round the corners of your heads, neither shalt thou mar the

corners of thy beard. Ye shall not make any cuttings in your flesh for

the dead, nor print any mark upon you. Do not prostitute thy daughter to

cause her to play the harlot."[403] All these are commands directed

against the manners, funeral customs, and religious worship of the

Canaanites. Strangers were not to be received into the community and

people of Israel; nor could Israelites contract marriage with women who

were not Israelites; it is only the later law which allows women

captured in war to be taken into the marriage bed.[404] These are the

"misanthropical" laws of the Jews of which Tacitus speaks with such deep

aversion.

The law assigned a far-reaching religious influence to the priests. They

alone could turn the favour of Jehovah towards his people by correct and

effective sacrifices, and appease his wrath; they announced the will of

Jehovah by his oracle; in regard to diseases and leprosy, they exercised

police functions over the whole nation by means of the regulations for

cleanliness and food; they could exclude any one at their discretion

from the sacrifices and, consequently, from the community; and, in fine,

they were in possession of the skill and knowledge with which the people

were unacquainted. The priesthood arranged the chronology and the

festivals, they supervised weights and measures,[405] they knew the

history of the people in past ages, and their ancient covenant with the

God of the ancestors. From their knowledge of the ordinances of Jehovah

followed the claim which the priests made to watch over the application

of these ordinances in life, the administration of law and justice. But

at first this claim was put forward modestly. The old regulations about

the right of blood in the time-honoured observances of justice were

added to the law of ritual when this was written down (I. 385, 484);

they were modified here and there by the views of the priesthood, and in

some points essentially extended; and now, like the ordinances for the

places of sacrifice, mode of worship, and purification, they stood

opposed in many regulations to real life as ideal but hardly practicable

standards.

According to the view of the priests Jehovah was the true possessor of

the land of Israel. He had given it to his people for tenure and use.

From this conception the law derived very peculiar conclusions, which

might be of essential advantage for retaining the property of the

families in their hands, for keeping up the family and their

possessions, on which the Hebrews laid weight, and for proprietors when

in debt. To aid the debtor against the creditor, the poor against the

rich, the labourer against him who gave the work, the slave against his

master, is in other ways also the obvious object of the law.

As all work must cease on the seventh day, the day of Jehovah, so must

there be a similar cessation in the seventh year, which is therefore

called the Sabbath year. In every seventh year the Israelites were to

allow the land which Jehovah had let to them to lie fallow, in honour of

the real owner. In this year the land was not sowed, nor the vine-trees

cut, nor the wild beast driven from the field, every one must seek on

the fallow what had grown there without culture. If this Sabbath of the

seventh year was kept Jehovah would send such increase on the preceding

sixth year that there should be no want.[406] When this period of seven

fallow years had occurred seven times the circle appeared to be

complete, and from this point of view the law ordained that at such a

time everything should return to the original position. Hence, when the

seventh Sabbath year was seven times repeated (in the year of Jubilee)

not only was agriculture stopped, but all alienated property, with the

buildings and belongings, went back to the original owner or his

heirs.[407] The consequence was that properties were never really sold,

but the use of them was assigned to others, and hence, even before the

year of Jubilee, the owner could redeem his land by paying the value of

the produce which would be yielded before the year of Jubilee.

But the priests were far from being able to carry out these extended

requirements which proceeded from the sanctity of the Sabbath, and from

the conception that the land of Israel belonged to Jehovah, and every

family held their property from Jehovah himself, and which were intended

to make plain the true nature of the property of the Israelites. It was

an ideal picture which they set up, and hardly so much as an attempt was

made to carry it out. They could reckon with more certainty on obedience

to a law which ordained that no interest was to be taken from the poor,

and no poor man's mantle was to be taken in pledge.[408] Nevertheless,

the law of debt was severe. If the debtor could not pay his debt before

a fixed time the creditor was allowed to pay himself with the moveable

and fixed property of the debtor; he could sell his wife and children,

and even the debtor himself, as slaves, or use him as a slave in his own

service.

For the legal process we find in the law no more than the regulation

"that one witness shall not bear evidence against a man for his death,"

_i.e._ that one witness was not sufficient to establish a serious

charge, that "injustice shall not be done in judgment, that the person

of the small shall not be disregarded, nor the person of the great

honoured;" "according to law thou shalt judge thy neighbour."[409] For

every injury done to the person or property of another, the guilty shall

make reparation. We know already the old ordinances which require life

for life, eye for eye, and tooth for tooth (I. 485). Injury to property

and possession was to be fully compensated; even the injury done by his

beast was to be compensated by the master. Theft was merely punished by

restoring four or five times the value of the stolen goods. If the thief

could not pay this compensation he was handed over to the injured man as

a slave. But any one who steals a man in order to keep him as a slave,

or to sell him, was to be punished with death.[410] If a murder was

committed, the avenger of blood, _i.e._ the nearest relative and heir of

the murdered man, was to pursue the murderer and slay him, wherever he

met him, as soon as it was established by two persons that he was really

guilty. The law even forbade the avenger of blood to accept a ransom

instead of taking the life of the guilty, because the land was

desecrated by the blood of the murdered man, "and the land is not

cleansed from the blood spilt, save by the blood of the murderer." An

exception was allowed only when one man slew another by accident, and

without any fault of his own, and not out of hostility or hatred. In

this case the slayer was to fly into one of the six cities which were

marked out as cities of refuge.[411] From the elders of the city the

pursuing avenger of blood was to demand the delivery of the slayer, and

they were to decide whether the act was done from hatred and hostility,

or was merely an accident. If the elders decided in favour of the first

alternative, they were to give up the guilty into the hands of the

avenger of blood, that he might die. In the other case, the slayer must

remain in the city of refuge till the death of the high priest, and the

avenger was free from the guilt of bloodshed if before that time he met

him beyond the confines of the city of refuge and slew him.[412] The

regulations of the priests even went so far as to lay down a rule that

if a savage bull slew a man the bull was not only to be stoned, and not

eaten as an unclean animal, but his master also must die, or at any rate

pay a ransom, if he knew that the animal was savage, and yet did not

control him.[413]

Among the people of the East the wealthier men did not content

themselves with one wife. This custom prevailed in Israel also. The law

of the priests did not oppose a custom which had an example and

justification in the narratives of the patriarchs. The Israelites also

followed the general custom of the East, in purchasing the wife from her

father, and recompensing the father for the loss of a useful piece of

property--for the two working hands which he lost when he gave away his

daughter from his house. Thus Jacob obtained the daughters of Laban by a

service of 14 years. The price of a wife purchased for marriage from the

father seems to have been from 15 to 50 shekels of silver (36_s._ to

125_s._).[414] The conclusion of the marriage was marked by a special

festivity, after which the bride was carried by her parents into the

nuptial chamber. The prostitution of maidens in honour of the goddess of

birth, so common among the neighbouring nations, was strictly forbidden

by the book of the law. The daughter of a priest who began to prostitute

herself was to be burnt with fire, because she thus "defiled not herself

only, but also her father."[415] The man who seduced a virgin was

compelled to purchase her for his wife, and even if her father would not

give her to wife he was to pay him the usual purchase-money. Adultery

was punished by the law with even greater severity than violations of

chastity before marriage. The adulteress, together with the man who had

seduced her into a violation of the marriage bond, were to be put to

death.[416] If a man suspected his wife of unfaithfulness without being

able to prove it against her a divine judgment was to decide the matter.

The priest was to lead man and wife before Jehovah. Then he was to draw

holy water in an earthen pitcher, and throw dust swept from the floor of

the dwelling of Jehovah into this, and say to the woman, "If thou hast

not offended in secret against thy husband, remain unpunished by this

water of sorrow, that bringeth the curse; but if thou hast sinned, may

this water go into thy body and cause thy thighs to rot, and may

Jehovah make thee a curse and an oath among thy people." The woman

answered, "So be it;" and when the priest had dipped in the water a

sheet written with the words of this curse, she was compelled to drink

it.[417] Thus the woman was brought to confession, or was freed from the

suspicion of her husband.

Marriages were forbidden not only with strange women, but also within

certain degrees of relationship; in which were included not only those

close degrees, to which there is a natural abhorrence, but also such as

did not exclude marriage in other nations. In this matter the law of the

priests proceeded from the sound view that marriage did not belong to a

natural connection already in existence, but was intended to found a new

relationship. Not only was marriage forbidden with a mother, with any

wife or concubine of the father, with a sister, a daughter, or

granddaughter, a widowed daughter-in-law; but also with an aunt on the

father's or mother's side, with a stepsister, or sister by marriage,

with a sister-in-law, or wife's sister so long as the wife lived.[418]

The husband purchased his wife as a chattel; hence in marriage she

continued to live in entire dependence beside her husband. The husband

could not commit adultery as against his wife; it was the right of

another husband which was injured by the seduction of the wife. It

rested with the husband to take as many wives as he chose beside his

first wife, and as many concubines from his handmaids and female slaves

as seemed good to him. The husband could put away his wife if she "found

no favour in his eyes," while the wife, on her part, could not dissolve

the marriage, or demand a separation; she possessed no legal will. Like

the wife, the children stood to the father in a relation of the most

complete dependence. Nor only did he sell his daughters for marriage, he

could give them as pledges, or even sell them as slaves, but not out of

the land;[419] and though the father was not allowed to sell the son as

a slave, he could turn him out of his house. Obedience and reverence

towards parents were impressed strongly on children, even in the

earliest regulations derived from the time of Moses. The son who curses

his father or mother, or strikes them, must be put to death.[420] The

first-born son is the heir of the house; after the death of the father

he is the head of the family, and succeeds to his rights over the

younger sons and the females. It is not clear whether the law allows any

claims to the moveable inheritance to any of the sons besides the

eldest, to whom the immoveable property passed absolutely; the sons of

concubines and slaves had no right of inheritance if there were sons in

existence by legitimate marriage. Daughters could only inherit if there

were no sons. The heiress could not marry beyond the tribe, in order

that the inheritance might at least fall to the lot of a tribesman. If

there were neither sons nor daughters, the brother of the father was the

heir, and then the uncles of the father.[421]

The law attempts to fix and ameliorate the position of day-labourers and

slaves. "The hire of the labourer shall not remain with thee till the

morrow."[422] The number of slaves appears to have been considerable.

They were partly captives taken in war, and partly strangers purchased

in the way of trade; partly Hebrews who, when detected in thieving,

could not pay the compensation, or who could not pay their debts, or

Hebrew daughters sold by their parents. The marriages of slaves

increased their number. The law required that slaves should rest on the

Sabbath day;[423] and even the oldest regulations restrict the right of

the master over the life of his slave by laying down the rule that the

slave shall be free if his master has inflicted a severe wound upon him,

and that the master must be punished if he has slain his slave.[424] The

slave who was a born Israelite might be ransomed by his kindred, if they

could pay the sum required.[425] The Hebrew slave was treated by his

master as a hired labourer, and hind.[426] When the Hebrew slave had

served six years his master was compelled to set him free without ransom

in the seventh year. A Hebrew could only remain in slavery for ever

when, after six years of service, he voluntarily declared that he wished

to remain with his master; then, as a sign that he permanently belonged

to the house of his master, his ear was pierced on the door-post with an

awl.

FOOTNOTES:

[368] Exod. xiii. 2; Numbers iii. 5-51; viii. 16.

[369] Numbers xviii. 20-26.

[370] Vol. i. 488, 502.

[371] Numbers xviii. 8-20.

[372] Levit. xxvii. 29-33.

[373] Genesis xiv. 20; xxviii. 22.

[374] Exod. xxx. 11-16; xxxviii. 25-28.

[375] Levit. xxi. 16-21.

[376] Levit. xxi. 5.

[377] Exod. xx. 26.

[378] Exod. xxviii. 31-35; xxxix. 22-27.

[379] Exod. xxviii. 4-30, 36-43.

[380] 1 Sam. xx. 5, 24, 27, and many passages in the prophets; Numbers

xxviii. 11; xxix. 6; Ewald, "Alterthuemer," s. 360.

[381] Exod. xii. 15-19; Numbers ix. 13; xxviii. 16-24.

[382] Levit. xxii. 9-21.

[383] At the division of the kingdom Jeroboam is said to have changed

this festival to the fifteenth day of the eighth month; 1 Kings xii. 33.

[384] _E. g._ 1 Sam. i. 3; 1 Kings xii. 27-32.

[385] Exod. xxiii. 13; xxxiv. 23.

[386] Levit. xxiii. 29.

[387] Levit. xvi., xxiii. 26-32.

[388] Levit. xvii. 3-5.

[389] Levit. i-vi.

[390] Levit. vii. 23-34, and in other passages.

[391] _Supr._ p. 183. Exod. xxx. 1-9.

[392] Levit. vi. 12, 13; ix. 17.

[393] Numbers xv. 38; Levit. xix. 19.

[394] Levit. xi. 1-44.

[395] Levit. xvii. 15.

[396] Levit. xvii. 14.

[397] Levit. xiii., xiv.

[398] The spoils taken in war are also to be purified; Numbers xxxi.

20-24.

[399] Levit. xii. 3. The Arabian tribes in the north of the peninsula,

who were nearly related to the Hebrews, observed this custom, and the

Phenicians also, while the Philistines did not observe it; Herod. 2,

104. In Genesis (xxi. 4; xvii. 12-14, 25) it is expressly mentioned that

Ishmael was not circumcised till his thirteenth year, but Isaac was

circumcised at the proper time, on the eighth day. This shows that

circumcision was a very ancient custom among the Israelites, and at the

same time indicates that among the Arabs the boys were not circumcised

till later years, which may have been the case in the older times among

the Hebrews also. Cf. Joshua v. 1-9; Joseph. "Antiq." 1, 12, 3.

[400] Exod. iv. 24; cf. De Wette-Schrader, "Einleitung," s. 282.

[401] Numbers xxxiii. 50-56; Exod. xxiii. 29 ff; xxxiv. 12-16; Vol. i.

500.

[402] Levit. xviii. 21; xx. 2, 27; Exod. xxii. 18.

[403] Levit. xix. 27-29.

[404] Deut. xxi. 11-14; cf. Numbers xii. 1.

[405] Levit. xix. 35, 36.

[406] Exod. xxiii. 10, 11; Levit. xxv. 20.

[407] Levit. xxv. 24-31.

[408] Exod. xxii. 25-27; Levit. xxv. 35-38.

[409] Numbers xxxv. 30; Levit. xix. 15.

[410] Exod. xxi. 16.

[411] Exod. xxi. 12-14; Numbers xxxv. 31; Joshua xx. 7-9.

[412] Numbers xxxv. 25-28.

[413] Exod. xxi. 28-36.

[414] Exod. xxi. 32; Hosea iii. 2; cf. Deuteron. xxii. 19, 29.

[415] Levit. xix. 29; xxi. 9.

[416] Levit. xviii. 20; xx. 10.

[417] Numbers v. 5-31.

[418] Levit. xviii.

[419] Exod. xxi. 7, 8.

[420] Exod. xxi. 17; Levit. xx. 9.

[421] Numbers xxxvi. 1-11; Tobit vii. 10; Numbers xxvii. 9.

[422] Levit. xix. 13.

[423] Exod. xx. 10.

[424] Exod. xxi. 20, 21, 26; Vol. i. 483.

[425] Levit. xxv. 47 ff.

[426] Levit. xxv. 39-41.

The History of Antiquity, Vol. 2 (of 6) · 第 9 / 13 章