CHAPTER V. THE ENDOWMENT OF THE CLERGY.

The power and independence of the clergy run parallel with its

material endowment, which accordingly passes through the same

course of development. Its successive steps are reflected even in

the language that is employed, in the gradual loss of point

sustained by the phrase "to fill the hand," at all times used to

denote ordination. Originally it cannot have had any other

meaning than that of filling the hand with money or its

equivalent; we have seen that at one time the priest was

appointed by the owner of a sanctuary for a salary, and that,

without being thus dependent upon a particular employer, he could

not then live on the income derived from those who might employ

him sacrificially. But when the Levitical hereditary priesthood

arose in the later kingdom of Judah the hands of the priests were

no longer filled by another who had the right to appoint and to

dismiss, but they themselves at God's command "filled their own

hand," or rather they had done so in the days of Moses once for

all, as is said in Exodus xxxii. 26-29, an insertion

corresponding with the position of Deuteronomy. It is obvious

that such a statement, when carefully looked at, is absurd, but

is to be explained by the desire to protest against outside

interference. Even here the etymological sense is still

sufficiently felt to create an involuntary jar and leads to a

change of the construction; but finally all sense of it is lost,

and the expression becomes quite colourless: "to fill the hand "

means simply "to consecrate." In Ezekiel not only the priest but

also the altar has its "hand filled" (xliii. 26); in the

Priestly Code the abstract _milluim_ ["consecrations"] is chiefly

used, with subject and object left out, as the name of a mere

inaugural ceremony which lasts for several days (Leviticus viii. 33;

Exodus xxix. 34), essentially consists in the bringing of an

offering on the part of the person to be consecrated, and has no

longer even the remotest connection with actual filling of the

hand (2Chronicles xiii. 7; comp. xxix. 31). The verb, therefore,

now means simply the performance of this ceremony, and the subject

is quite indifferent (Leviticus xvi. 32, xxi. 10; Numbers iii. 3);

the installation does not depend upon the person who performs the

rite, but upon the rite itself, upon the unction, investiture,

and other formalities (Exodus xxix. 29).

This variation in the _usus Ioquendi_ is the echo of real changes

in the outuard condition of the clergy, which we must now proceed

to consider more in detail.

V.I.

V.I.1. Of the offerings, it was the custom in the earlier time to

dedicate a portion to the deity but to use the greater part in

sacred feasts, at which a priest, if present, was of course

allowed also in one way or another to participate. But he does

not appear to have had a legal claim to any definite dues of

flesh.

"Eli's sons were worthless persons, and cared not about

Jehovah, or about the priests' right and duty with the people.

When any man offered a sacrifice the servant of the priest came

(that is all we have here to represent the 22,000 Levites) while

the flesh was in seething, with a three-pronged flesh-hook in his

hand, and stuck it into the pan, or kettle, or caldron, or pot;

and all that the flesh-hook brought up the priest took. So they

did in Shiloh unto all the Israelites that came thither. Even

before the fat was burnt, the servant of the priest came and said

to the man that sacrificed: "Give flesh to roast for the priest;

he will not take sodden flesh of thee, but raw. And if the other

said to him: Let the fat first be burnt, and then take according

to thy soul's desire; then he would answer: Nay, but thou shalt

give it now; and if not, I will take it by force" (1Samuel ii. 12-16).

The tribute of raw portions of flesh before the burning

of the fat is here treated as a shameless demand which is fitted to

bring Jehovah's offering into contempt (ver. 17), and which has

the ruin of the sons of Eli as its merited reward. More tolerable

is it, though even that is an abuse, when the priests cause

boiled flesh to be brought them from the pot, though not seeking

out the best for themselves, but leaving the selection to chance;

they ought to wait and see what is given to them, or be contented

with an invitation to the banquet. On the other hand we have it

in Deuteronomy as "the priest's due from the people" (xviii. 3

= 1Samuel ii. 12) that he receives the shoulder and the two

cheeks and the maw of the slaughtered animal; and yet this is a

modest claim compared with what the sons of Aaron have in the

Priestly Code (Leviticus vii. 34),--the right leg and the breast.

The course of the development is plain; the Priestly Code became

law for Judaism. In sacrifice, ITS demands were those which were

regarded; but in order to fulfil all righteousness the precept of

Deuteronomy was also maintained, this being applied--against the

obvious meaning and certainly only as a result of later scrupulosity

of the scribes--not to sacrifices but to ordinary secular slaughterings,

from which also accordingly the priests received a portion, the

cheeks (according to Jerome on Malachi ii. 3), including the tongue,

the precept being thus harmonistically doubled. /1/ At an earlier

-- Footnote

1. Philo, De praem. sacerd., sec. 3. Josephus, Ant., iii. 9. 2;

iv. 4, 4.

-- Footnote

date the priests at Jerusalem received money from those who

employed them (Deuteronomy xviii. 8), but for this had the obligation

of maintaining the temple; from this one can discern that the

money was properly speaking paid to the sanctuary, and was only

conditionally delivered to its servitors. When they failed to

observe the condition, King Jehoash took the money also from them

(2Kings xii. 7 seq.).

The meal-offerings are in the Priestly Code a subordinate matter,

and the share that falls to the priests is here trifling compared

with what they receive of the other sacrifices. The meal, of

which only a handful is sprinkled upon the altar, the baked

bread, and the minha altogether are theirs entirely, so also the

sin and trespass offerings so frequently demanded, of which God

receives only the blood and the fat and the offerer nothing at

all (Ezekiel xliv. 29); of the burnt-offering at least the skin

falls to their lot, These perquisites, however, none of them in

their definite form demonstrably old, and some of them

demonstrably the reverse, may be presumed to have had their

analogues in the earlier period, so that they cannot be regarded

absolutely as augmentation of the priestly income. In Josiah's

time the mac,c,oth were among the principal means of support of

the priests (2Kings xxiii. 9); doubtless they came for the

most part from the minha. Instead of sin and trespass offerings,

which are still unknown to Deuteronomy, there were formerly sin

and trespass dues in the form of money payments to the

priests,--payments which cannot, however, have been so regular

(2Kings xii. 17). It is as if money payments were in the eye of

the law too profane; for atonement there must be shedding of blood.

That the skin of the holocaust, which cannot well be consumed on

the altar, should fall to the priest is so natural an arrangement,

that one will hardly be disposed to regard it as new, although

Ezekiel is silent about a due which was not quite worthless

(xliv. 28-31).

So far then as departures from earlier custom can be shown in the

sacrificial dues enjoined by the Priestly Code, they must not

indeed be treated as purely local differences, but neither are

they to be regarded as on the whole showing a serious raising of

the tariff. But in the Code the sacrificial dues are only a

subordinate part of the income of the priests. In Deuteronomy the

priests are entirely thrown upon the sacrifices; they live upon

them (xviii. 1) and upon invitations to the sacred banquets (xii.

I2, 18 seq.); if they are not exercising the priestly function

they must starve (1Samuel ii. 36). On the other hand, the

Aaronidae of the Priestly Code do not need to sacrifice at all,

and yet have means of support, for their chief revenue consists

of the rich dues which must be paid them from the products of

the soil.

V.I.2. The dues falling to the priests according to the law were all

originally offerings--the regular offerings which had to be brought

on the festivals; and these all originally were for sacred

banquets, of which the priests received nothing more than the

share which was generally customary. This is true in the first

instance of the male firstlings of cattle. As we have seen in the

chapter on the sacred feasts, these are sacrifices and sacrificial

meals, alike in the Jehovistic legislation and in the Jehovistic

narrative of the exodus and of Abel, as were all the offerings

brought by private individuals in the olden time. When in Exodus

xxii. 29 it is said that they must be given to JEHOVAH, this does

not mean that they must be given to THE PRIESTS; no such thing

is anywhere said in thc Book of the Covenant. Matters still stand

on essentially the same footing in Deuteronomy also: "THOU

SHALT SANCTIFY THEM UNTO JEHOVAH; thou shalt not plough with the

firstling of the bullock, nor shear the firstling of thy sheep;

THOU SHALT EAT IT BEFORE JEHOVAH year by year in the place which

He shall choose; and if there be any blemish therein, thou shalt

not OFFER IT TO JEHOVAH THY GOD" (Deuteronomy xv. 19, 20). To

sanctify to Jehovah, to eat before Jehovah, to offer to Jehovah,

are here three equivalent ideas. If now, in Numbers xviii. 15

seq., every first birth is assigned without circumlocution to the

priest, and a special paschal offering is appointed in addition,

this can only be understood as the last phase in the development,

partly because the idea of dues altogether is secondary to that

of offerings, and partly because the immense augmentation in the

income of the priests points to an increase of the hierocratic

power. Ezekiel does not yet reckon the firstlings among the

revenues of the clergy (xliv. 28-3I); the praxis of Judaism, on

the other hand, since Nehemiah x. 37, is regulated, as usual, in

accordance with the norm of the Priestly Code.

The tithe also is originally given to God, and treated just as the

other offerings are; that is to say, it is not appropriated by

the priests, but eaten by those who bring it in sacred banquets.

It does not occur in the Jehovistic legislation, but Jacob

dedicates it (Genesis xxviii. 22) to the God of Bethel, a place

where, although the whole story is a projection out of a later

time, it would hardly be in harmony with the conceptions of the

narrator to think of the presence of priests. The prophet Amos,

who probably represents much the same stage of the cultus as the

Jehovist does, says: "Come to Bethel to transgress, to Gilgal to

sin still more; and bring every morning your sacrifices, every

three days your tithes, and offer with bread pieces of flesh to the

flames, and proclaim free offerings aloud, for so ye like, ye

children of Israel" (Amos iv. 4 seq.). He ironically recommends

them to persevere in the efforts they have hitherto made in

honour of God, and to double them; to offer daily, instead of, as

was usual (1Samuel i.), yearly at the chief festival; to pay

tithes every three days, instead of, as was the custom, every

three years. It is clear that the tithe here holds rank with Zebah,

Toda, and Nedaba; it is a sacrifice of joy, and a splendid

element of the public cultus, no mere due to the priests. Now,

in this point also Deuteronomy has left the old custom, on the

whole, unchanged. According to xiv. 22 seq. the tithe of the

produce of the soil, or its equivalent in money, must be brought

year by year to the sanctuary, and there consumed before Jehovah

that is, as a sacrificial meal; only every third year it is not

to be offered in Jerusalem, but is to be given as alms to the

people of the locality who have no land, to which category the

Levites in particular belong. This last application is an

innovation, connected on the one hand with the abolition of the

sanctuaries, and on the other with the tendency of the

Deuteronomist to utilise festal mirth for humane ends. /1/

-- Footnote

1. Connection is, however, possible with some older custom, such as

must certainly be assumed for Amos iv. 4. Comp. Deuteronomy xxvi.

12, "the year of tithing."

-- Footnote

But this is a mere trifle compared with what we find in the Priestly

Code, where the whole tithe has become a mere due to be collected

by the Levites (Nehemiah x. 38 [37]) on behalf of the clergy,

whose endowment thereby is again very largely increased. Ezekiel

is silent on this point also (xliv. 18-31), but as the tithe is

demanded in Numbers (xviii. 21 seq.), so was it paid from the days

of Nehemiah (x. 38 [37] seq.) by the church of the second temple.

Later there was added over and above, so as to meet the divergent

requirement of Deuteronomy, the so-called second tithe, which usually

was consumed at Jerusalem, but in every third year was given to the

poor (so Deuteronomy xxvi. 12, LXX), and in the end the tithe for

the poor was paid separately over and above the first and second

(Tobit i. 7, 8; Jos., Ant., iv. 8, 22).

It is absolutely astounding that the tithe which in its proper

nature should apply only to products of definite measure, such

as corn and wine and oil (Deuteronomy xiv. 23), comes to be extended

in the Priestly Code to cattle also, so that besides the male

firstlings every tenth head of cattle and of sheep must also be

paid to the priests. This demand, however, is not yet met with in

Numbers xviii., nor even in Nehemiah x. 38, 39, but first occurs as a

novel in Lev. xxvii. 32 (1Samuel viii. 17). Whether it ever

came into the actual practice of Judaism seems doubtful; in

2Chronicles xxxi. 6 the tithe of cattle is indeed mentioned,

but on the other hand the firstlings are not; in the pre-rabbinical

literature no traces of it are discoverable,--especially not in

Philo, who knows only of the ordinary tithes due to the Levites,

and not of the tithes of cattle due to the priests (De praem.

sacerd. 6).

With the tithe of the fruit of the soil the first fruits are at

bottom identical; the latter were reduced to definite measure

later and through the influence of the former. This is no doubt

the reason why in the Jehovistic legislation tithe and first

fruits are not both demanded, but only a gift of the first and

best of corn, wine, and oil, left to the free discretion of the

offerer, which is conjoined with the firstling of cattle and sheep

(Exodus xxii. 28 [29]. xxiii. 19, xxxiv. 26). In a precisely

similar way the TITHE of the field stands conjoined with the

firstlings of cattle in Deuteronomy (xiv. 22, 23, xv. 19 seq.).

But also the _reshith_, usually translated first-fruits, occurs in

Deuteronomy,--as a payment of corn, wine, oil, and wool to the

priests (xviii. 4); a small portion, a basketful, thereof is

brought before the altar and dedicated with a significant liturgy

(xxvi. 1 seq.). It appears that it is taken from the tithe, as

might be inferred from xxvi. 12 seq. taken as the continuation

of vers. 1-11; in one passage, xxvi. 2, the more general

_usus loquendi_ reappears, according to which the _reshith_ means

the entire consecrated fruit, which as a whole is consumed by the

offerers before Jehovah, and of which the priests receive only a

portion. But in the Priestly Code not only is the entire tithe

demanded as a due of the clergy, the _reshith_ also is demanded in

addition (Numbers xviii. 12), and it is further multiplied,

inasmuch as it is demanded from the kneading-trough as well as

from the threshing-floor: in every leavening the _halla_ belongs

to Jehovah (xv. 20). Nor is this all; to the _reshith_ (xviii. 12)

are added the _bikkurim_ also (xviii. 13), as something

distinct. The distinction does not occur elsewhere (Exodus xxxiv.

26); prepared fruits alone are invariably spoken of, the yield

of the threshing-floor and the wine-press, of which first

produce--"the fulness and the overflow "--was to be consecrated.

The FAT of oil, wine, and corn is the main thing in Numbers xviii.

also, and is called _reshith_ (ver 12) or _terumah_ (ver. 27); but

the _bikkurim_ (ver. 13) seem to be a separate thing, and, if

this be really the case, must mean those raw fruits which have

ripened earliest. Judaism, here once more moulding itself

essentially in accordance with the tenor of the Priestly Code,

actually drew this distinction; from the publication of the Law

through Ezra the community pledged itself to bring up yearly the

_bikkurim_ to the house of Jehovah, and to deliver the _reshith_ into

the temple cells (Nehemiah x. 36 [35]). The former was a religious

solemnity, associated with processions, and the use of the ritual

in Deuteronomy xxvi.; the latter was rather a simple tax paid from

natural products,--a distinction which perhaps is connected with

the different expressions _they shall bring_ (Numbers xviii. 13) and

_they shall give_ (xviii. 12). The LXX keeps )APARXH and

PRWTOGENNHMATA strictly apart, as also do Philo (De praem. sacerd.

1, 2) and Josephus (Ant., iv. 4, 8, 22).

V.I.3. The amount which at last is required to be given is enormous.

What originally were alternatives are thrown together, what

originally was left free and undetermined becomes precisely

measured and prescribed. The priests receive all the sin and trespass

offerings, the greater share of the vegetable offerings, the hides

of the burnt offerings, the shoulder and breast of meat offerings.

Over and above are the firstlings, to which are added the tithes

and first-fruits in a duplicate form, in short, all _kodashim_,

which originally were demanded merely as ordinary meat offerings

(Deuteronomy xii. 26 = ver. 6, 7, and so on), and were

consumed at holy places and by consecrated guests indeed, but not

by the priest. And, notwithstanding all this, the clergy are not

even asked (as in Ezekiel is the prince, who there receives the

dues, xlv. 13 seq.) to defray the cost of public worship; for

this there is a poll-tax, which is not indeed enjoined in the body

of the Priestly Code, but which from the time of Nehemiah x. 33

[32] was paid at the rate of a third of a shekel, till a novel of

the law (Exodus xxx. 15) raised it to half a shekel.

V.II.

V.II.1. To the endowment of the clergy in the Priestly Code belong

finally the forty-eight cities assigned by Joshua in accordance

with the appointment of Moses (Numbers xxxv.; Josh. xxi.). The

tribes gave them up freely; the smaller giving few and the larger

more (Numbers xxxv. 8). The Aaronidae and the three families of

the Levites cast lots about them in four divisions; the sons of

Aaron get thirteen cities in Judah, the Levites ten in

Ephraim-Manasseh, thirteen in Galilee, and twelve in the territory

eastward of Jordan. It is not merely the right to inhabit, but,

in spite of all apologetic rationalism, the right of absolute

possession that they receive (Josh. xxi. 12), inclusive of a portion

of land two thousand ells square (square in the strictly literal

sense; Numbers xxxv. 5), which serves as public common.

The physical impracticability of such an arrangement has been

conclusively shown, after Gramberg, by Graf (Merx, Archiv, i.

p. 83). The 4 x 12 or the substituted 13+10+13+12 cities,

of which in spite of Numbers xxxv. 8 for the most part four belong

to each of the twelve tribes, are already sufficient to suggest a

suspicion of artificial construction; but the regulation that a

rectangular territory of two thousand ells square should be

measured off as pasture for the Levites around each city (which

at the same time is itself regarded only as a point; Numbers xxxv.

4) might, to speak with Graf, be very well carried out perhaps in

a South Russian steppe or in newly founded townships in the

western States of America, but not in a mountainous country like

Palestine, where territory that can be thus geometrically

portioned off does not exist, and where it is by no means left to

arbitrary legal enactments to determine what pieces of ground are

adapted for pasturage and what for tillage and gardening; there,

too, the cities were already in existence, the land was already

under cultivation, as the Israelites slowly conquered it in the

course of centuries. Besides, from the time of Joshua there is

not a historical trace of the existence of the Levitical cities.

Quite a number of them were in the days of the judges and down

to the early monarchy still in the hands of the Canaanites,--

Gibeon, Shechem, Gezer, Taanach; some perhaps may even have so

continued permanently. Those on the other hand which passed

into the possession of the Israelites at no time belonged

to the Levites. Shechem, Hebron, Ramoth, were the capital cities

of Ephraim, Judah, and Gilead; and Gibeon, Gezer, Heshbon were in

like manner important but by no means ecclesiastical towns. In

the Deuteronomic period the Levites were scattered throughout

Judah in such a manner that each locality had its own Levites or

Levite; nowhere did they live separated from the rest of the

world in compact masses together, for they made their living by

sacrificing for others, and without a community they could not

exercise their calling. Some indeed possessed land and heritage;

such were at an earlier period the Silonic family at

Gibeath-Phineas, Amaziah at Bethel, and Abiathar at Anathoth, and

at a later period Jeremiah, also at Anathoth. But Anathoth (for

example) was not on that account a priestly city in the sense of

Joshua xxi.; Jeremiah had his holding there as a citizen and not

as a priest, and he shared not with the priests but with the

people (xxxvii. 12). As a tribe Levi was distinguished from the

other tribes precisely by holding no land, and its members

joined themselves to the settled citizens and peasants, for the

most part as dependent inmates (Deuteronomy x. 9, xviii. 1).

Even after the exile, indeed, matters were not different in this

respect. "Ab excidio templi prioris sublatum est Levitis jus

suburbiorum," says R. Nachman (B. Sotah, 48b), and he is

borne out by the silence of Nehemiah x. The execution of the law

was probably postponed to the days of the Messiah; it was not in

truth within the power of man, and cannot be seriously demanded

in the Priestiy Code itself, which contemplates a purely ideal

Israel, with ideal boundaries, and leaves the sober reality so

far out of sight that on archaeological grounds it never once so

much as mentions Jerusalem, the historical capital of the priests.

The circumstance that these towns lay _in partibus infiidelium_

seems to make them unavailable as a means of fixing the antiquity

of the Priestly Code. It is possible with Bleek to explain the

transcendence of history as Mosaicity; such a view is not to be

argued against. But it is also possible with Noldeke to insist

that an invention so bold cannot possibly be imputed to the

spirit of the exilic and post-exilic time, which in everything

is only anxiously concerned to cleave to what is old and to

restore it; and such a contention deserves and admits of refutation.

It is not the case that the Jews had any profound respect for their

ancient history; rather they condemned the whole earlier

development, and allowed only the Mosaic time along with its

Davidic reflex to stand; in other words, not history but the

ideal. The theocratic ideal was from the exile onwards the centre

of all thought and effort, and it annihilated the sense for

objective truth, all regard and interest for the actual facts as

they had been handed down. It is well known that there never

have been more audacious history-makers than the Rabbins. But

Chronicles affords evidence sufficient that this evil propensity

goes back to a very early time, its root the dominating

influence of the Law, being the root of Judaism itself. Judaism

is just the right soil for such an artificial growth as the

forty-eight priestly and Levitical cities. It would hardly have

occurred to an author living in the monarchical period, when the

continuity of the older history was still unbroken, to look so

completely away from all the conditions of the then existing

reality; had he done so, he would have produced upon his

contemporaries the impression merely that he had scarcely all his

wits about him. But after the exile had annihilated the ancient

Israel, and violently and completely broken the old connection

with the ancient conditions, there was nothing to hinder from

planting and partitioning the _tabula rasa_ in thought at pleasure,

just as geographers are wont to do with their map as long as the

countries are unknown.

But, of course, no fancy is pure fancy; every imagination has

underlying it some elements of reality by which it can be laid

hold of, even should these only be certain prevailing notions of

a particular period. It is clear, if a proper territory is

assigned to the clergy, that the notion of the clerical tribe which

already had begun to strike root in Deuteronomy has here grown

and gathered strength to such a degree that even the last and

differentiating distinction is abolished which separates the

actual tribes from the Levites, viz. communal independence and

the degree of concentration which expresses itself in separate

settlements. For when we read, notwithstanding, in the Priestly

Code that Aaron and Levi are to have no lot nor inheritance in

Israel (Numbers xviii. 20, 23), this is merely a form of speech

taken over from Deuteronomy and at the same time an involuntary

concession to fact; what would the forty-eight cities have been,

had they actually existed, if not a lot, a territorial possession,

and that too a comparatively large one? The general basis which

serves as starting-point for the historical fiction being thus far

recognisable, we are able also to gain a closer view of its

concrete material. The priestly and Levitical cities stand in

close connection with the so-called cities of refuge. These are

also appointed in Deuteronomy (xix.), although not enumerated by

name (for Deuteronomy iv. 41-43 cannot be regarded as genuine).

Originally the altars were asylums (Exodus xxi. 14; 1Kings ii.

28), some in a higher degree than others (Exodus xxi. 13). In

order not to abolish the asylums also along with the altars, the

Deuteronomic legislator desired that certain holy places should

continue as places of refuge, primarily three for Judah, to which,

when the territory of the kingdom extended, three others were to

be afterwards added. The Priestly Code adopts the arrangement,

and specifies three definite cities on this side and three on the

other side of Jordan (Numbers xxxv.; Joshua xx.), four of which

are demonstrably famous old seats of worship,--all the three western

ones, and Ramoth, that is, Mizpah, of the eastern ones (Genesis

xxxi.; Judges xi. 11). But as all these asylums are at the same

time priestly and Levitical cities, it is an obvious conjecture

that these also in like manner arose out of old sanctuaries. We

need not suppose that there is more in this than an echo of the

general recollection that there were once in Israel many holy

places and residences of priesthoods; it is by no means

necessary to assert that each of the towns enumerated in Joshua

xxi. had actually been an ancient sanctuary. In many cases,

however, this also admits of being shown, /1/ although some of the

-- Footnote

1. In the cases of Hebron, Gibeon, Shechem, Ramoth, Mahanaim and

Tabor (Host v. 1) by historical data; in those of Bethshemesh,

Ashtaroth, Kadesh,, perhaps also Rimmon, by the names. Not even

here can one venture to credit the Priestly Code with consistent

fidelity to history. As for Hosea v. 1, 2, the original

meaning seems to be: "A snare have ye become for Mizpah, and an

outspread net upon Tabor, and the pit-fall of Shittim (#XT

H#+YM) have they made deep." Shittim as a camping-place under

Moses and Joshua must certainly have been a sanctuary, just like

Kadesh, Gilgal, and Shiloh; the prophet names these seats at

which in his opinion the worship was especially seductive and

soul-destroying; his reproach is levelled at the priests

most famous (or according to the later view, infamous) high

places, such as Bethel, Dan, Gilgal, and Beersheba are omitted,

probably of set purpose.

-- Footnote

The immediate starting-point, however, for this territorial

donation to the Levites is perhaps to be sought in Ezekiel,

in the picture of the future Israel which he draws at the close

of his book. He concerns himself there in a thorough-going

manner about the demarcation of the national and tribal

boundaries, and in doing so sets quite freely to work, taking,

so to speak, the yard measure in his hand. Leaving the land

eastward of Jordan wholly to the Saracens, he divides the

western portion into thirteen parallel transverse sections;

in the middle of the thirteenth (the rest of which is assigned

to the prince), lying between Judah and Benjamin, the twelve

tribes give up a square with a base line of 25,000 ells as a

sacred offering to Jehovah. This square is divided into three

parallelograms, 25,000 ells long, running east and west;

the southernmost of these, 5000 ells broad, includes the capital

with its territory; the middle one, 10,000 ells broad, contains

the temple and the priestly territory; the northernmost, also

10,000 ells broad, has the inheritance and the cities of the Levites. /1/

-- Footnote

1. For (S#RYM L#KT (xlv. 5), read, with the LXX, #(RYM L#BT

"to dwell within the gates." Compare a similar transposition of

letters in xiii. 3, LXX. The expression "gates" for "cities"

has its origin in Deuteronomy.

-- Footnote

Thus we have here also a surrender of land to the clergy on the

part of the tribes; the comparison with Josh. xxi. is not to be

put aside,--all the less, because nowhere else in the Old Testament

is anything similar met with. Now Ezekiel is quite transparent,

and requires no interpreter but himself. In order that the temple

may be protected in its sanctity in the best possible manner,

it is placed in the centre of the priestly territory, which in its

turn is covered by the city on the south, and by the Levites on the

north. At the same time the _personnel_ connected with the function

of worship is to dwell as much as possible apart on its own soil

and territory, which _shall serve them for separate houses to

sanctify them_, as is expressly remarked for the priests (xiv. 4),

and in an inferior degree holds good also, of course, for the Levites

beside them. Here everything starts from, and has its explanation in,

the temple. Its original is unmistakably the temple of Solomon;

its site is beside the capital, in the heart of the sacred centre

of the land between Judah and Benjamin; there the sons of Zadok

have their abode, and beside them are the Levites whom Josiah had

brought up from all the country to Jerusalem. Obviously the

motives are not here far to seek. In the Priestly Code, on the

other hand, which was not in a position to shape the future freely

out of the present, but was compelled to accept archaeological

restrictions, the motives are historically concealed and almost

paralysed. The result has remained, namely, the holding of

separate territory by the clergy, but the cause or the

purpose of it can no longer be recognised on account of the

sanctuary being now an abstract idea. Jerusalem and the temple,

which, properly speaking, occasioned the whole arrangement, are

buried in silence with a diligence which is in the highest degree

surprising; and on the other hand, in remembrance of the

priesthoods scattered everywhere among the high places of Israel

in earlier days, forty-eight fresh Levitical cities are created,

from which, however, their proper focus, a temple to wit, is

withheld only in the circumstance that precisely the thirteen

cities of Judah and Benjamin happen to fall to the lot of the sons

of Aaron, does the influence of Jerusalem unconsciously betray

itself.

V.II.2. Apart from this historical fiction, the other claims that

are made for the endowment of the clergy are, however exorbitant,

nevertheless practicable and seriously meant. So far as the

circumstances of their origin are concerned, two possibilities

present themselves. Either the priests demanded what they could

hope to obtain, in which case they were actually supreme over the

nation, or they set up claims which at the time were neither

justified nor even possible; in which case they were not indeed

quite sober, yet at the same time so sane prophetically, that

centuries afterwards the revenues they dreamed of became in

actuality theirs. Is it to be supposed that it was (say) Moses,

who encouraged his people as they were struggling for bare life

in the wilderness to concern themselves about a superabundantly

rich endowment of their clergy? Or is it believed that it was

in the period of the judges, when the individual tribes and

families of Israel, after having forced their way among the

Canaanites, had a hard fight to maintain their position, get

somehow settled in their new dwelling-places and surroundings,

that the thought first arose of exacting such taxes from a people

that was only beginning to grow into a national unity, for an end

that was altogether remote from its interest? What power could

then have been able in those days, when every man did what was

right in his own eyes, to compel the individual to pay? But

even when actually, under the pressure of circumstances, a

political organisation had arisen which embraced all the tribes,

it could hardly have occurred to the priests to utilise the

secular arm as a means for giving to themselves a place of

sovereignty; and still less could they have succeeded WITHOUT

the king on whom they were so completely dependent. In short,

the claims they make in the Law would in the pre-exilic period

have been regarded as utopian in the strict sense of that word;

they allow of explanation only by the circumstances which from

the beginning of the Chaldaean rule, and still more that of the

Persians, lent themselves to the formation of a hierocracy,

to which, as to the truly national and moreover divine authority,

the people gave voluntary obedience, and to which the Persians

also conceded rights they could not have granted to the family

of David. At the very beginning of the exile, Ezekiel begins

to augment the revenues of the priests (xliv. 28-30), yet he

still confines himself on the whole to the lines of Deuteronomy,

and makes no mention of tithes and firstlings. Of the demands

of the Priestly Code in their full extent we hear historically

in Nehemiah x. for the first time; there it is stated

that they were carried through by men who had the authority of

Artaxerxes behind them. This was the most difficult and at the

same time the most important part of the work Ezra and Nehemiah

had to do in introducing the Pentateuch as the law of the Jewish

Church; and that is the reason why it is so specially and

minutely spoken of. Here plainly lies the material basis of the

hierocracy from which the royal throne was ultimately reached.

For all these dues, apart from sacrificial perquisites, flowed into

a common coffer, and benefited those who had the control of this,

viz., the priestly aristocracy of Jerusalem, whom it helped to

rise to a truly princely position. The ordinary priests,

and especially the Levites, did not gain by all this wealth.

The latter indeed ought, according to law, to have had the tithes,

and to have handed over the tithes of these again to the sons

of Aaron, but as the general tendency of the time was to depress

the Levites, this legal revenue was also gradually withdrawn

from them and appropriated by the priests. Afterwards the chief

priests claimed the tithes for themselves alone, while their

inferior brethren had to suffer severe privation and even

hunger itself (Josephus, Ant., xx. 8, 8; 9, 2).

Upon the difference just stated between the later practice and

the Law, one argument more has recently been founded against

assigning the latter to the Babylonio-Persian period. "Another

testimony borne by tradition completely excludes the idea of

the Elohistic torah (i.e., the Priestly Code) having been

composed by Ezra. As is well known, it is the Elohistic torah

that carefully regulates the mutual relations of priests and

Levites, while Deuteronomy groups the two together without

bringing forward the distinction. It is the former that assigns

the tithes to the Levites, while requiring these in their turn to

hand over the tithe of their tithes as a due to the priests. Such

was also the practice (Nehemiah x. 38 seq.) soon after the exile

[i.e., a hundred years later; Nehemiah vii. 5]. But subsequently

the payment of the tithes to the Levites fell entirely into

disuse; these were rendered immediately and exclusively to the

priests, so that Jose ben Hanina actually confesses: "We do

not pay the tithes according to the command of God" (Sota, 47b).

But everywhere the Talmud refers this practice back to Ezra. Ezra

it was who punished the Levites by withdrawal of the tithes, and

that because they had not come out from Babylon (Jebam. 386b;

Chullin 11b). The point to be noted is that Ezra, according to

the testimony of tradition, superseded a precept of the Elohistic

torah, supporting himself in this perhaps by reference to the

Deuteronomic torah." So Delitzsch in the Zeitschr. fuer luth.

Theol., 1877, p. 448 seq. That Ezra is not the author of the

Priestly Code may readily be granted--only not on such an

argument as this. If the genuine historical tradition expressly

names Ezra as the man who introduced the Levites' tithe just as

prescribed by law (Nehemiah x. 38 seq.), what conscientious man can

attach any weight to the opposite assertion of the Talmud ?

But, even assuming that the divergence of practice from the legal

statute actually does go back to the time of Ezra, what would

follow from that against the post-exilic origin of the Priestly

Code? For this is what the question comes to, not to Ezra's

authorship, which is made the main point by a mere piece of

transparent controversial tactics. The demands of the Priestly

Code, which demonstrably were neither laid down, nor in any sense

acted on before the exile, attained the force of law one hundred

years after the return from Babylon (Nehemiah x.); the whole

taxation system of Judaism ever afterwards rested upon it;- -

shall this be held to have no meaning as against the trifling

circumstance that the tithe also was indeed paid to the clergy,

in full accordance with the Priestly Code, and inconsistently with

ancient custom, but paid to the higher, and not to the lower order?

In point of fact any other difference whatever between Jewish

practice and the Law might better have been adduced against the

thesis of Graf,--for example, the absence of Urim and Thummim (Nehemiah

vii. 65), or of the forty-eight Levitical cities, the church of

the returned exiles instead of that of the twelve tribes of

Israel, the second temple instead of the tabernacle, Ezra instead

of Moses, the sons of Zadok instead of the sons of Aaron,

the absence of the other marks of Mosaicity. For the position

of the Levites is the Achilles heel of the Priestly Code.

If the Levites at a later date were still further lowered beneath

the priests, and put into a worse position in favour of these,

this nevertheless presupposes the distinction between the two;

let it first then be shown that the distinction is known to

the genuine Old Testament, and that, in particular, it is

introduced by Ezekiel not as a new thing, but as of immemorial

antiquity. Or is the primary fact that the separation between

priests and Levites was set up only in the Priestly Code and

in Judaism, and that its genesis can be traced with confidence

from the time of Josiah downwards, a fact of less importance

than the secondary one that the distinction extended itself

somewhat further still in the subsequent development of

Judaism ?

B. HISTORY OF TRADITION.

PLEON (HMISU PANTOS-- Hesiod <Op. 40>

Prolegomena to the History of Israel · 第 5 / 16 章