CHAPTER IX

_THE BAN_

DEUT. vii.

As in the previous chapter we have had the Mosaic and Deuteronomic

statement of the internal and spiritual means of defending the

Israelite character and faith from the temptations which the

conquest in Canaan would bring with it, in this we have strenuous

provision made against the same evil by external means. The mind

first was to be fortified against the temptation to fall away; then

the external pressure from the example of the peoples they were

to conquer was to be minimised by the practice of the ban. The

first five verses, and the last two deal emphatically with that,

as also does ver. 16, and what lies between is a statement of the

grounds upon which a strict execution of this dreadful measure was

demanded. These, as is usual in Deuteronomy, are dealt with somewhat

discursively; but the command as to the ban, coming as it does

at the beginning, middle, and end, gives this chapter unity, and

suggests that it should be treated under this head as a whole. There

are besides other passages which can most conveniently be discussed

in connection with chapter vii. These are the historic statements

as to the ban having been laid upon the cities of Sihon (Deut. ii.

34) and Og (Deut. iii. 6); the provision for the extirpation of

idolatrous persons and communities (Deut. xiii. 15); and lastly,

that portion of the law of war which treats of the variations in the

execution of the ban which circumstances might demand (Deut. xx.

13-18). These passages, taken together, give an almost exhaustive

statement in regard to the nature and limitations of the Cherem,

or ban, in ancient Israel, a statement much more complete than is

elsewhere to be found; and they consequently suggest, if they do not

demand, a complete investigation of the whole matter.

It is quite clear that the Cherem, or ban, by which a person or

thing, or even a whole people and their property, were devoted to

a god, was not a specially Mosaic ordinance, for it is a custom

known to many half-civilised and some highly civilised nations.

In Livy's account of early Rome we read that Tarquinius, after

defeating the Sabines, burned the spoils of the enemy in a huge

heap, in accordance with a vow to Vulcan, made before advancing into

the Sabine country. The same custom is alluded to in Vergil, _Æn._

viii. 562, and Cæsar, _B.G._ vi. 17, tells us a similar thing of the

Gauls. The Mexican custom of sacrificing all prisoners of war to

the god of war was of the same kind. But the most complete example

of the ban in the Hebrew sense, occurring among a foreign people,

is to be found in the Moabite stone which Mesha, king of Moab,

erected in the ninth century B.C., _i.e._ in the days of Ahab. Of

course Moab and Israel were related peoples, and it might in itself

be possible that Moab during its subjection to Israel had adopted

the ban from Israel. But that is highly improbable, considering how

widespread this custom is, and how deeply its roots are fixed in

human nature. Rather we should take the Moabite ban as an example of

its usual form among the Semitic peoples. "And Chemosh said to me,

Go, take Nebo against Israel. And I went by night and fought against

it from the break of morn until noon, and took it and killed

them all, seven thousand men and boys, and women and girls and

maid-servants, for I had devoted it to 'Ashtor-Chemosh'; and I took

thence the vessels" (so Renan) "of Yahweh, and I dragged them before

Chemosh."[55] The ordinary Semitic word for the ban is _Cherem_. It

denotes a thing separated from or prohibited to common use, and no

doubt it indicated originally merely that which was given over to

the gods, separated for their exclusive use for ever. In this way it

was distinguished from that which was "sanctified" to Yahweh, for

that could be redeemed; devoted things could not.

[55] Driver, _Notes on Hebrew Text of the Books of Samuel_, p. 101,

note.

In the ancient laws repeated in Lev. xxvii. 28, 29, two classes

of devoted things seem to be referred to. First of all, we have

the things which an individual may devote to God, "whether of man

or beast, or of the field of his possession." The provision made

in regard to them is that they shall not be sold or redeemed, but

shall become in the highest degree sacred to Yahweh. Men so devoted,

therefore, became perpetual slaves at the holy places, and other

kinds of property fell to the priests. In the next verse, 29, we

read, "None devoted which shall be devoted of" (_i.e._ from among)

"men shall be ransomed; he shall surely be put to death," but that

must refer to some other class of men devoted to Yahweh. It is

inconceivable that in Israel individuals could at their own will

devote slaves or children to death. Moreover, if every man devoted

must be killed, the provision of Numb. xviii. 14, according to which

everything devoted in Israel is to be Aaron's, could not be carried

out. Further, there is a difference in expression in the two verses:

in 28 we have things "devoted to Yahweh," in 29 we have simply men

"devoted."[56] There can be little doubt, therefore, that we have

in ver. 29 the case of men condemned for some act for which the

punishment prescribed by the law was the ban (as in Exod. xxii. 19,

"He that sacrificeth unto any god save unto Yahweh only shall be

put to the ban"), or which some legal tribunal considered worthy

of that punishment. In such cases, the object of the ban being

something offensive, something which called out the Divine wrath and

abhorrence, this "devotion" to God meant utter destruction. Just

as _anathēma_, a thing set up in a temple as a votive offering,

became _anathĕma_, an accursed thing, and as _sacer_, originally

meaning sacred, came to mean devoted to destruction, so _Cherem_,

among the Semites, came to have the meaning of a thing devoted to

destruction by the wrath of the national gods. From ancient days it

had been in use, and in Israel it continued to be practised, but

with a new moral and religious purpose which antiquity could know

nothing of. No more conspicuous instance of that transformation

of ancient customs of a doubtful or even evil kind by the spirit

of the religion of Yahweh, which is one of the most remarkable

characteristics of the history of Israel, can be conceived than this

use of the ban for higher ends.

[56] Cf. Dillmann, _Exodus and Leviticus_, p. 634.

As the fundamental idea of the _Cherem_ was the devoting of objects

to a god, it is manifest that the whole inner significance of the

institution would vary with the conception of the Deity. Among the

worshippers of cruel and sanguinary gods, such as the gods of the

heathen Semites were, the ends which this practice was used to

promote would naturally be cruel and sanguinary. Moreover, where

it was thought that the gods could be bought over by acceptable

sacrifices, where they were conceived of as non-moral beings,

whose reasons for favour or anger were equally capricious and

unfathomable, it was inevitable that the _Cherem_ should be mainly

used to bribe these gods to favour and help their peoples. Where

victory seemed easy and within the power of the nation, the spoil

and the inhabitants of a conquered city or country would be taken

by the conquerors for their own use. Where, on the other hand,

victory was difficult and doubtful, an effort would be made to win

the favour of the god, and wring success from him by promising him

all the spoil. The slaughter of the captives would be considered

the highest gratification such sanguinary gods could receive, while

their pride would be held to be gratified by the utter destruction

of the seat of the worship of other gods. Obviously it was in this

way that the Gauls and Germans worked this institution; and the

probability is that the heathen Semites would view the whole matter

from an even lower standpoint. But to true worshippers of Yahweh

such thoughts must have grown abhorrent. From the moment when their

God became the centre and the norm of moral life to Israel, acts

which had no scope but the gratification of a thirst for blood, or

of a petty jealous pride, could not be thought acceptable to Him.

Every institution and custom, therefore, which had no moral element

in it, had either to be swept away, or moralised in the spirit of

the purer faith. Now the ban was not abolished in Israel; but it

was moralised, and turned into a potent and terrible weapon for the

preservation and advancement of true religion.

By the Divine appointment the national life of Israel was bound up

with the foundation and progress of true religion. It was in this

people that the seeds of the highest religion were to be planted,

and it was by means of it that all the nations of the earth were

to be blessed. But as the chief means to this end was to be the

higher ethical and religious character of the nation as such, the

preservation of that from depravation and decay became the main

anxiety of the prophets and priests and law-givers of Israel. Just

as in modern days the preservation and defence of the State is

reckoned in every country the supreme law which overrides every

other consideration, so in Israel the preservation of the higher

life was regarded. Rude and half-civilised as Israel was at the

beginning of its career, the Divinely revealed religion had made

men conscious of that which gave this people its unique value both

to God and men. They recognised that its glory and strength lay in

its thought of God, and in the character which this impressed upon

the corporate life, as well as on the life of each individual. As we

have seen, this bred in them a consciousness of a higher calling,

of a higher obligation resting on them than upon others. They

consequently felt the necessity of guarding their special character,

and used the ban as their great weapon to ward off the contagion

of evil, and to give this character room to develop itself. Its

tremendous, even cruel, power was directed in Israel to this end;

it was from this point of view alone that it had value in the eyes

of the fully enlightened man of Israel. Stade in his history (vol.

i., p. 490) holds that this distinction did not exist, that the

Israelite view differed in little, if anything, from that of their

heathen kinsmen, and that the ban resulted from a vow intended to

gratify Yahweh and win His favour by giving Him the booty. But

it is undeniable that in the earliest statement in regard to it

(Exod. xx.) there is a distinct legislative provision that the ban

should be proclaimed and executed irrespective of any vow; and in

the later, but still early, notices of it in Joshua, Judges, and 1

Samuel the command to execute it comes in every case from Yahweh.

In Deuteronomy, again, the ethical purpose of the ban is always

insisted upon, most emphatically perhaps in chap. xx. 17 ff., where

the _Cherem_ is laid down as a regular practice in war against the

heathen inhabitants of Canaan: "But thou shalt utterly destroy them,

... that they teach you not to do after all their abominations,

which they have done unto their gods; so should ye sin against

Yahweh your God." Whatever hints or appearances there may be in

the Scripture narratives that the lower view still clung to some

minds are not to be taken as indicating the normal and recognised

view. They were, like much else of a similar kind, mere survivals,

becoming more and more shadowy as the history advances, and at last

entirely vanishing away. The new and higher thought which Moses

planted was the rising and prevailing element in the Israelite

consciousness. The lower thought was a decaying reminiscence of

the state of things which the Mosaic revelation had wounded to the

death, but which was slow in dying.

In Israel, therefore, the ban was, on the principles of the higher

religion, legitimate only where the object was to preserve that

religion when gravely endangered. If any object could justify a

measure so cruel and sweeping as the ban, this could, and this

is the only ground upon which the Scriptures defend it. That the

danger was grave and imminent, when Israel entered Canaan, cannot be

doubted. As we have seen, the Israelite tribes were far from being

of one blood or of one faith. There was a huge mixed multitude along

with them; and even among those who had unquestioned title to be

reckoned among Israelites, many were gross, carnal, and slavish in

their conceptions of things. They had not learned thoroughly nor

assimilated the lessons they had been taught. Only the elect among

them had done that; and the danger from contact with races, superior

in culture, and religiously not so far below the position occupied

by the multitude of Israel, was extreme. The nation was born in a

day, but it had been educated only for a generation; it was raw and

ignorant in all that concerned the Yahwistic faith. In fact it was

precisely in the condition in which spiritual disease could be most

easily contracted and would be most deadly. The new religion had not

been securely organised; the customs and habits of the people still

needed to be moulded by it, and could not, consequently, act as the

stay and support of religion as they did at later times. Further,

the people were at the critical moment when they were passing from

one stage of social life to another. At such moments there is

immense danger to the health and character of a nation, for there is

no unity of ideal present to every mind. That which they are moving

away from has not ceased to exert its influence, and that _to_

which they are moving has not asserted itself with all its power.

At such crises in the career of peoples emerging from barbarism,

even physical disease is apt to be deadlier and more prevalent

than it is among either civilised or entirely savage men. The old

Semitic heathenism had not been entirely overcome, and the new and

higher religion had not succeeded in establishing full dominion.

Contact with the Canaanites in almost any shape would under such

circumstances be like the introduction of a contagious disease, and

at almost any price it had to be avoided. The customs of the world

at that time, and of the Semitic nations in particular, offered this

terribly effective weapon of the "ban," and for this higher purpose

it was accepted; and it was enforced with a stringency which nothing

would justify short of the fact that life or death to the great hope

of mankind was involved in it.

But it may be and should be asked, Would any circumstances justify

Christian men, or a Christian nation, in entering upon a war of

extermination now? and if not, how can a war of extermination

against the Canaanities have been sanctioned by God? In answer to

the first question, it must be said that, while circumstances can be

conceived under which the extermination of a race would certainly

be carried out by nations called Christian, it is hardly possible

to imagine Christian men taking part in such a massacre. Even the

supposed command of God could not induce them to do so.[57] It would

be so contrary to all that they have learned of God's will, both

as regards themselves and others, that they would hesitate. Almost

certainly they would decide that they were bound to be faithful to

what God had revealed of Himself; they would feel that He could not

wish to blunt their moral sense and undo what He had done for them,

and they would put aside the command as a temptation. But the case

with the Israelites was altogether different. The question is not,

how could God destroy a whole people? Were it only that, there would

be little difficulty. Everywhere in His action through nature God

is ruthless enough against sin. Vice and sin are every day bringing

men and women and innocent children to death, and to suffering

worse than death. For that every believer in God holds the Divine

law responsible. And when the Divine command was laid upon the

Israelites to do, more speedily, and in a more awe-inspiring way,

what Canaanite vices were already doing, there can be no difficulty

except in so far as the effect upon the Israelites is concerned.

It is by death, inflicted as the punishment of vice, and sparing

neither woman nor child, that nations have, as a rule, been blotted

out; and, except to the confused thinker, so far as the Divine

action is concerned there is no difference between such cases and

this of the Canaanites. The real question is, Can a living, personal

God deliberately set to men a task which can only lower them in the

scale of humanity--brutalise them, in fact? No, is of course the

only possible answer; therefore a supposed Divine command coming

to us to do such things would rightly be suspected. We could not,

we feel sure, be called upon by God to slay the innocent with the

guilty, to overwhelm in one common punishment individual beings who

have each of them an inalienable claim to justice at our hands. But

the Israelites had not and could not have the feeling we have on

the subject. The feeling for the individual did not exist in early

times. The clan, the tribe, the nation was everything, and the

individual nothing. Consequently there was not existent in the world

that keen feeling in regard to individual rights, which dominates us

so completely that we can with difficulty conceive any other view.

In this world the early Israelite scarcely perceived the individual

man, and beyond this world he knew of no certain career for him.

He consequently dealt with him only as part of his clan or tribe.

His tribe suffered for him and he for his tribe, and in early penal

law the two could hardly be separated. Indeed it may almost be said

that, when the individual suffered for his own sin, the satisfaction

felt by the wronged was rather due to the tribe having suffered so

much loss in the individual's death than to the retribution which

fell upon him. Moreover war was the constant employment of all, and

death by violence the most common of all forms of death. Manners and

feelings were both rude, and the pains as well as the pleasures of

civilised and Christian men lay largely beyond their horizon. There

was consequently no danger of doing violence to nobler feelings or

of leaving a sting in the conscience by calling such men to such

work. The stage of moral development they had reached did not forbid

it, and the work therefore might be given them of God.

[57] Mozley's _Lectures on the Old Testament_, p. 102.

But the grounds for the action were immeasurably raised. Instead

of being left on the heathen level, "the usage was utilised so as

to harmonise with the principles of their religion, and to satisfy

its needs. It became a mode of secluding and rendering harmless

anything which peculiarly imperilled the religious life of either

an individual or the community, such objects being withdrawn from

society at large, and presented to the sanctuary, which had power,

if needful, to authorise their destruction."[58] The Deuteronomic

command is not given shamefacedly. The interests at stake are too

great for that. Israel is utterly to smite the Canaanite nations,

to put them to the ban, to make no covenant with them nor to

intermarry with them. "Thus shall ye deal with them: ye shall break

down their altars, and dash in pieces their obelisks, and hew down

their Asherim, and burn their graven images with fire." There is a

fierce, curt energy about the words which impresses the reader with

the vigour needed to defend the true religion. The danger was seen

to be great, and this tremendous weapon of the ban was to be wielded

with unsparing rigour, if Israel was to be true to its highest

call. "For," ver. 6 goes on to say, "thou art a holy people unto

Yahweh thy God; Yahweh thy God hath chosen thee to be a peculiar

people unto Himself, out of all peoples that are upon the face of

the earth." They were the elect of God; they were a holy people,

a people separated unto their God, and the Divine blessing was to

come upon all nations through them if they remained true. Their

separateness must therefore be maintained. As a people marked out

by the love of God, they could not share in the common life of the

world as it then was. They could not lift the Canaanites to their

level by mingling with them. So they would only obscure, nay, in

so far as this rigorous command was not carried out, they did all

but fatally obscure, the higher elements of national and personal

life which they had received. They were too recently converted to

be the people of Yahweh, too weak in their own faith, to be able

to do anything but stand in this austere and repellent attitude

towards the world. Centuries passed before they could relax without

danger. It may even be said that until the coming of our Lord they

dared not take up any other than this separatist position, though

as the ages passed and the prophetic influence grew, the yearning

after a gathering in of the Gentiles, and the promise of it in the

Messianic day, became more markedly prominent. Only when men could

look forward to being made perfect in Jesus Christ did they receive

the command to go unreservedly out into the world, for only then had

they an anchor which no storm in the world could drag.

[58] Driver, _Notes on the Hebrew Text of the Books of Samuel_, p.

101.

But we must be careful not to exaggerate the separation called for

here. It does not authorise anything like the fierce, intolerant

thirst for conquest and domination which was the very keynote of

Islam.[59] In Deut. ii. 5, 6, 19, the lands of Edom, Moab, and Ammon

are said to be Yahweh's gift to these peoples in the same way as

Canaan was to Israel. Nor did the law ever authorise the bitter

and contemptuous feeling with which Pharisaic Israelites often

regarded all men beyond the pale of Judaism. There was no general

prohibition against friendly intercourse with other peoples. It was

against those only, whose presence in Canaan would have frustrated

the establishment of the theocracy, and whose influence would have

been destructive of it when established, that the "ban" was decreed.

When war arose between Israel and cities farther off than those of

Canaan, they were not to be put to the "ban." Though they were to be

hardly treated according to our ideas, they were to suffer only the

fate of cities stormed in those days, for the danger of corruption

was proportionately diminished (Deut. xx. 17) by their distance.

The right of other peoples to their lands was to be respected, and

friendly intercourse might be entered on with them. But the right

of Israel to the free and unhindered development to which it had

been called by Yahweh was the supreme law. The suspicion of danger

to that was to make things otherwise harmless, or even useful, to be

abhorred. If men are to live nearer to God than others, they must

sacrifice much to the higher call.

[59] Riehm, _Old Testament Theology_, p. 98.

To press home this, to induce Israel to respond to this demand, to

convince them anew of their obligation to go any length to keep

their position as a people holy to Yahweh, our chapter urges a

variety of reasons. The first (vv. 7-11) is that the history and

grounds of their election exhibit the character of Yahweh in such a

way as to heighten their sense of their privileges and the danger

of losing them. He had chosen them, only because of His own love to

them; and having chosen them and sworn to their fathers, He is true

to His covenant. He brought them out of the house of bondage, and

has led them until now. In Yahweh they had a spiritual ideal, whose

characteristics were love and faithfulness. But though He loves He

can be wrathful, and though He has made a covenant with Israel,

it must be fulfilled in accordance with righteousness. In dealing

with such a God they must beware of thinking that their election

is irrespective of moral conditions, or that His love is mere good

nature. He can and does smite the enemies of good, for anger is

always possible where love is. It is only with good nature that

anger is not compatible, just as warm and self-sacrificing affection

also is. Those who turn away from Him, therefore, He requites

immediately to their face, as surely as "He keepeth covenant and

mercy with them that love Him and keep His commandments." All the

blessed and intimate relations which He has opened up with them, and

in which their safety and their glory lie, can be dissolved by sin.

They are, therefore, to strike fiercely at temptation, to regard

neither their own lives nor the lives of others when that has to be

put out of the way, to smite and spare not, for the very love of God.

A second reason why they should obey the Divine commands, as in

other matters, so in this terrible thing, is this. If they be

willing and obedient, then God will bless them in temporal ways as

well as with spiritual blessings. Even for their earthly prosperity

a loyal attitude to Yahweh would prove decisive. "Thou shalt be

blessed above all peoples; there shall not be a male or female

barren among you, or among your cattle. And Yahweh will take away

from thee all sickness, and He will put none of the evil diseases

of Egypt which thou knowest upon thee; but will lay them upon all

them that hate thee." The same promises are renewed in more detail

and with greater emphasis in the speech contained in chapters

xxviii. and xxix. There the significance of such a view, and the

difficulties involved in it for us, will be fully discussed. Here it

will be sufficient to note that the profit of obedience is brought

in to induce Israel to enforce the "ban" most rigorously.

The last verses of our chapter, vv. 17-26, set before Israel a third

incitement and encouragement. Yahweh, who had proved His might

and His favour for them by His mighty deeds in Egypt, would be

among them, to make them stronger than their mightiest foes (ver.

21): "Thou shalt not be affrighted at them, for Yahweh thy God is

in the midst of thee, a great God and a terrible." The previous

inducements to obey Yahweh their God and be true to Him were founded

on His character and on His acts. He was merciful; but He could be

terrible, and He would reward the faithful with prosperity. Now His

people are encouraged to go forward because His presence will go

with them. In the conflicts which obedience to Him would provoke,

He would be with them to sustain them, whatever stress might come

upon them. Step by step they would drive out those very peoples whom

they had dreaded so when the spies brought back their report of the

land. The terror of their God would fall upon all these nations. A

great God and a terrible He would prove Himself to be, and with Him

in their midst they might go forth boldly to execute the ban upon

the Canaanites. The sins and vices of these peoples had brought this

upon them; their horrible worship left an indelible stain wherever

its shadow fell. Israel, led and directed by Yahweh Himself, was to

fall upon them as the scourge of God.

Notwithstanding the Divine urgency, the command to destroy the

Canaanites and their idols was not carried out. After a victory

or two the enemy began to submit. Glad to be rid of the toils of

war, Israel settled down among the people of the land. All central

control would seem to have disappeared. The Canaanite worship and

the Canaanite customs attracted and fascinated the people, and

enemy after enemy broke in upon them and triumphed over them. The

half-idolatrous masses were led away into depraved forms of worship,

and for a time it looked as if the work of Moses would be utterly

undone. Had the purer faith he taught them not been revived, Israel

would probably not have survived the period of the Judges. As it

was, they just survived; but by their lapse the leavening of the

whole of the nation with the pure principles of Yahweh-worship had

been stopped. Instead of being cured, the idolatrous inclinations

they had brought with them from the pre-Mosaic time had been revived

and strengthened. Multitudes, while calling Yahweh their God, had

sunk almost to the Canaanite level in their worship, and during the

whole period of their existence as a nation Israel as a whole never

again rose clear of half-heathen conceptions of their God. The

prophets taught and threatened them in vain, until at last ruin fell

upon them and the Divine threats of punishment were fulfilled.

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