CHAPTER IX. CONCLUSION OF THE CRITICISM OF THE LAW.

Objections have been made to the general style of the proof on

which Graf's hypothesis is based. It is said to be an illicit

argument _ex silentio_ to conclude from the fact that the priestly

legislation is latent in Ezekiel, where it should be in operation,

unknown where it should be known, that in his time it had not yet

come into existence. But what would the objectors have? Do they

expect to find positive statements of the non-existence of what

had not yet come into being? Is it more rational, to deduce _ex

silentio_, as they do, a positive proof that it did exist?-_to say,

that as there are no traces of the hierocracy in the times of the

judges and the kings it must have originated in the most remote

antiquity, with Moses? The problem would in this case still be

the same, namely, to explain how it is that with and after the

exile the hierocracy begins to come into practical activity.

What the opponents of Graf's hypothesis call its argument _ex

silentio_, is nothing more or less than the universally valid

method of historical investigation.

The protest against the argument _ex silentio_ takes another form.

It is pointed out that laws are in many cases theories, and that

it is no disproof of the existence of a theory that it has not

got itself carried out into practice. Deuteronomy was really

nothing more than a theory during the pre-exile period, but who

would argue from this that it was not there at all? Though laws

are not kept, this does not prove they are not there,--provided,

that is to say, that there is sufficient proof of their existence

on other grounds. But these other proofs of the existence of the

Priestly Code are not to be found--not a trace of them. It is,

moreover, rarely the case with laws that they are theory and

nothing more: the possibility that a thing may be mere theory

is not to be asserted generally, but only in particular cases.

And even where law is undoubtedly theory, the fact does not

prevent us from fixing its position in history. Even legislative

fancy always proceeds upon some definite presupposition or other;

and these presuppositions, rather than the laws themselves, must

guide the steps of historical criticism. /1/

-- Footnote

1. Cf. <I.III.2. ad fin., IV.III.3., V.II.1., VII.II.2.>. This is

the reason why the strata of the tradition require to be compared as

carefully as those of the law.

-- Footnote

An argument which is the very opposite of this is also urged.

The fact is insisted on that the laws of the Priestly Code are

actually attested everywhere in the practice of the historical

period; that there were always sacrifices and festivals, priests

and purifications, and everything of the kind in early Israel.

These statements must, though this seems scarcely possible,

proceed on the assumption that on Graf's hypothesis the whole

cultus was invented all at once by the Priestly Code, and only

introduced after the exile. But the defenders of Graf's

hypothesis do not go so far as to believe that the Israelite cultus

entered the world of a sudden,--as little by Ezekiel or by Ezra

as by Moses,--else why should they be accused of Darwinism by

Zoeckler and Delitzsch? They merely consider that the works of

the law were done before the law, that there is a difference

between traditional usage and formulated law, and that even where

this difference appears to be only in form it yet has a material

basis, being connected with the centralisation of the worship and

the hierocracy which that centralisation called into existence.

Here also the important point is not the matter, but the spirit

which is behind it, and may everywhere be recognised as the

spirit of the age at one period or another. /2/

-- Footnote

2. Comp. <II.III., III.III.1.>

-- Footnote

All these objections, meanwhile, labour under the same defect,

namely, that they leave out of view that which is the real point

at issue. The point is not to prove that the Mosaic law was not

in force in the period before the exile. There are in the

Pentateuch three strata of law and three strata of tradition, and

the problem is to place them in their true historical order. So

far as the Jehovist and Deuteronomy are concerned, the problem

has found a solution which may be said to be accepted

universally, and all that remains is to apply to the Priestly Code

also the procedure by which the succession and the date of these

two works has been determined--that procedure consisting in the

comparison of them with the ascertained facts of Israelite

history. /3/

-- Footnote

3. The method is stated in the introduction: and special pains are

taken to bring it out distinctly in the first chapter, that about

the place of worship.

-- Footnote

One would imagine that this could not be objected to. But

objections have been raised; the procedure which, when applied to

Deuteronomy, is called historico-critical method, is called, when

applied to the Priestly Code, construction of history. But

history, it is well known, has always to be constructed: the

order, Priestly Code, Jehovist, Deuteronomy, is not a thing

handed down by tradition or prescribed by the nature of the case,

but a hypothesis as yet only a score of years old or thereby, the

reasons for which were somewhat incomprehensible, so that people

have forgotten them and begun to regard the hypothesis as

something objective, partaking of the character of dogma. The

question is whether one constructs well or ill. Count Baudissin

thinks a grave warning necessary of a certain danger, that,

namely, of an exaggerated application of logic: that the laws

follow each other in a certain order logically, he says, does not

prove that they appeared in the same order in history. But it is

not for the sake of logical sequence that we consider the

development which began with the prophets to have issued finally

in the laws of cultus; and those who set out from "sound human

reason" have generally forced the reverse process of this on the

history, in spite of the traces which have come down to us, and

which point the other way. /1/

-- Footnote

1. And it would not be surprising when we consider the whole

character of the polemic against Graf's hypothesis, if the next

objection should be the very opposite of the above, viz. that it

is not able to construct the history.

-- Footnote

After laboriously collecting the data offered by the historical

and prophetical books, we constructed a sketch of the Israelite

history of worship; we then compared the Pentateuch with this

sketch, and recognised that one element of the Pentateuch bore

a definite relation to this phase of the history of worship, and

another element of the Pentateuch to that phase of it. This is not

putting logic in the place of historical investigation. The new

doctrine of the irrationality of what exists is surely not to be

pushed so far, as that we should regard the correspondence between

an element of the law and a particular phase of the history as a

reason for placing the two as far as possible asunder. At least

this principle would have to be applied to the Jehovist and

Deuteronomy too, and not to the Priestly Code only. What is

right in the one case is fair in the other too; a little logic

unfortunately is almost unavoidable.

Not everything that I have brought forward in the history of the

cultus and the tradition, is a proof of the hypothesis; there is

much that serves merely to explain phenomena at the basis of the

hypothesis, and cannot be used as proving it. This is a matter

of course. My procedure has intentionally differed from that of

Graf in this respect. He brought forward his arguments somewhat

unconnectedly, not seeking to change the general view which prevailed

of the history of Israel. For this reason he made no impression

on the majority of those who study these subjects; they did not see

into the root of the matter, they could still regard the system

as unshaken, and the numerous attacks on details of it as

unimportant. I differ from Graf chiefly in this, that I always

go back to the centralisation of the cultus, and deduce from it the

particular divergences. My whole position is contained in my

first chapter: there I have placed in a clear light that which is

of such importance for Israelite history, namely, the part taken

by the prophetical party in the great metamorphosis of the

worship, which by no means came about of itself. Again I attach

much more weight than Graf did to the change of ruling ideas which

runs parallel with the change in the institutions and usages of

worship; this has been shown mostly in the second part of the

present work. Almost more important to me than the phenomena

themselves, are the presuppositions which lie behind them.

Not everything that we have hitherto discussed proves, or is meant

to prove, Graf's hypothesis. On the other hand, however, there is

abundance of evidence, which has not yet been noticed. To discuss

it all in detail, would take another book: in this work only a

selection can be with all brevity indicated, if the limits are

not to be transgressed which are imposed by the essentially

historical character of these prolegomena. In these discussions

the Pro will as a rule naturally suggest itself in the refutation

of the Contra.

IX.I.

IX.I.1. Eberhard Schrader mentions, in his Introduction to the Old

Testament, that Graf assigns the legislation of the middle books

of the Pentateuch to the period after the exile; but he does not

give the least idea of the arguments on which that position is

built up, simply dismissing it with the remark, that "even

critical analysis enters its veto" against it. Even critical

analysis? How does it manage that? How can it prove that the

one and sole cultus, worked out on every side to a great system,

the denaturalising of the sacrifices and festivals, the distinction

between the priests and Levites, and the autonomous hierarchy, are

older than the Deuteronomic reform? Schrader's meaning is

perhaps, that while the signs collected by a comparison of the

sources as bearing on the history of worship show the order of

succession to be Jehovist, Deuteronomy, Priestly Code, other

signs of a more formal and literary nature would show the Priestly

Code to be entitled to the first place, or at any rate not the

last, and that the latter kind of evidence is of as much force as

the former. Were this so, the scales would be equally balanced,

and the question would not admit of a decision. But this awkward

situation would only occur if the arguments of a literary nature

to be urged on that side really balanced those belonging to the

substance of the case which plead for Graf's hypothesis. In

discussing the composition of the Hexateuch, /1/

-- Footnote

1. Jahrb. Deutsche Theol., 1876, p. 392 seq, 531 seq; 1877,

p. 407 seq.

-- Footnote

I have shown, following in the steps of other scholars, that this

is by no means the case; and for the sake of completeness I will

here repeat the principal points of that discussion.

IX.I.2. It is asserted that the historical situation of Deuteronomy

is based not only on the Jehovistic, but also on the Priestly

narrative. Deuteronomy proper (chaps. xii.-xxvi.) contains

scarcely any historical matter, but before Moses comes to the

business in hand, we have two introductions, chapter v.-xi. and

chapter i.-iv., to explain the situation in which he promulgates

"this Torah" shortly before his death. We are in the Amorite

kingdom, east of the Jordan, which has already been conquered.

The forty years' wanderings are about to close: the passage to

the land of Canaan, for which this legislation is intended, is

just approaching. Till this time, we hear in chapter v. 9, 10,

the only law was that which is binding in all circumstances, and

was therefore promulgated by God Himself from Horeb, the Law of

the Ten Words on that occasion. The people deprecated any

further direct revelation by Jehovah, and commissioned Moses to

be their representative; and he accordingly betook himself to the

sacred mount, stayed there forty days and forty nights, and

received the two tables of the decalogue, and besides them the

statutes and laws which now, forty years after, he is on the

point of publishing, as they will come into force at the

settlement. In the meantime the golden calf had been made down

below; and when Moses descended from the mount, in his anger he

broke the tables and destroyed the idol. Then he betook himself

for a second period of forty days and nights to the mount, pleaded

for mercy for the people and for Aaron; and after he had made,

according to divine command, two new tables and a wooden chest

for them, Jehovah once more wrote down exactly what stood on the

tables which were broken. On this occasion, it is remarked in x.

8 seq., the Levites received their appointment as priests.

This is evidently a reproduction of the Jehovistic narrative,

Exodus xix. xx. xxiv. xxxii-xxxiv. The Priestly Code, on the

contrary, is entirely ignored. Deuteronomy knows only two

laws, the decalogue, which the people received, and the statutes

and judgments which Moses received, at Mount Horeb. They were

both given at the same time, one directly after the other: but

only the decalogue had till now been made public. Where is the

whole wilderness-legislation as given from the tabernacle? Is

it not denying the very notion of its existence, that Moses only

publishes the Torah at the passage into the Holy Land, because it

has application and force for that land, and not for the

wilderness? Apart from the fact that the Deuteronomist,

according to chapter xii., knew nothing of a Mosaic central

sanctuary, can he have read what we now read between Exodus xxiv.

and xxxii.? He passes over all that is there inserted from the

Priestly Code. Noldeke finds, it is true, /1 /

-- Footnote

1. Jahrbb. fuer prot. Theologie, 1875, p. 350.

-- Footnote

a reminiscence of that code in the ark of acacia wood, Deuteronomy

x. 1. But the ark is here spoken of in a connection which answers

exactly to that of the Jehovist (Exod xxxii. xxxiii.), and is

quite inconsistent with that, of the Priestly Code (Exodus xxv.

seq.). It is only instituted after the erection of the golden

calf, not at the very beginning of the divine revelation, as the

foundation-stone of the theocracy. True, the ark is not mentioned

in JE, Exodus xxxiii., as we now have it, but in the next

Jehovistic piece (Numbers x. 33) it suddenly appears, and there

must have been some statement in the work as to how it came there.

The tabernacle also appears ready set up in xxxiii. 7, without

any foregoing account of its erection. The institution of the

ark as well as the erection of the tabernacle must have been

narrated between xxxiii. 6 and 7, and then omitted by the present

editor of the Pentateuch from the necessity of paying some regard

to Q, Exodus xxv.; that this is the case many other

considerations also tend to prove. /2/

-- Footnote-- Footnote

2. Without the ark there is no use of the tabernacle, and the

distinction in Exodus xxxiii. which is treated as one of

importance, between the representation (Mal'ak) of Jehovah and

Jehovah Himself, has no meaning. By making an image the Israelites

showed that they could not do without a sensible representation of

the Deity, and Jehovah therefore gave them the ark instead of the calf.

-- Footnote-- Footnote

That the Deuteronomist found JE in a more complete form, before

it was worked up with Q, than that in which we have it after the

working up, is not such a difficult assumption that one should be

driven into utter impossibilities in order to avoid it. For

according to Noldeke either the author of Deuteronomy v.-xi. had

before him the Pentateuch as it now is, and was enabled, very

curiously, to sift out JE from it, or he used JE as an independent

work, but read Q as well, only in such a way that his general view

was in no way influenced by that of the priestly work, but on the

contrary contradicts it entirely and yet unconsciously--since his

work leaves no opening for a ritual legislation given side by side

with the Decalogue, and that ritual legislation is the whole sum

and substance of the Priestly Code. To such a dilemma are we to

make up our minds, because one trait or another of the Deuteronomic

narrative cannot be traced in JE as we now have it, and is preserved

in Q? Does this amount, in the circumstances, to a proof that such

traits were derived from that source? Must not some regard in fairness

be paid to the ensemble of the question ?

We may, further, remember in this connection Vatke's remark, that

the wooden ark in Deuteronomy x. 1, is by no means very similar to

that of Exodus xxv., which, to judge by the analogy of the

golden table and altar, must rather have been called a golden ark.

It takes even more good will to regard the statement about Aaron's

death and burial in Mosera and the induction of Eleazar in his

place (Deuteronomy x. 6, 7) as a reminiscence of Q (Numbers xx. 22

seq.), where Aaron dies and is buried on Mount Hor. In JE also

the priests Aaron and Eleazar stand by the side of Moses and

Joshua (cf. Joshua xxiv. 33). The death and burial of Aaron are

certainly no longer preserved in JE; but we cannot require of the

editor of the Pentateuch that he should make a man die twice, once

according to Q and once according to JE. And it must further be

said that Deuteronomy x. 6, 7 is an interpolation; for the following

verses x. 8 seq., in which not only Aaron and Eleazar, but all

the Levites are in possession of the priesthood, are the

continuation of x. 5, and rest on Exodus xxxii. Here we are still

in Horeb, not in Mosera.

The historical thread which runs through Deuteronomy v. ix. x. may

be traced further in chaps. i.-iv. After their departure from

Horeb the Israelites come straight to Kadesh Barnea, and from this

point, being commanded to invade the hill-land of Judaea, they first

send twelve spies to reconnoitre the country, guided thereto by

their own prudence, but also with the approval of Moses. Caleb is

one of the spies, but not Joshua. After penetrating as far as the

brook Eshcol they return; and though they praise the goodness of

the land, yet the people are so discouraged by their report, that

they murmur and do not venture to advance. Jehovah is angry at

this, and orders them to turn back to the wilderness, where they

are to wander up and down till the old generation is extinct and

a new one grown up. Seized with shame they advance after all,

but are beaten and driven back. Now they retreat to the wilderness,

where for many years they march up and down in the neighbourhood

of Mount Seir, till at length, 38 years after the departure from

Kadesh, they are commanded to advance towards the north, but to

spare the brother-peoples of Moab and Ammon. They conquer the

territory of the Amorite kings, Sihon of Heshbon and Og of

Bashan. Moses assigns it to the tribes of Reuben and Gad and the

half-tribe of Manasseh, on condition that their army is to yield

assistance in the remaining war. The continuous report comes to an

end with the nomination of Joshua as future leader of the people.

This same narrative, with the addition of some scattered

particulars in the Book of Deuteronomy, /1/ will serve perfectly

-- Footnote

1. Appointment of judges and wardens (#W+RYM = peace-officials,

who, according to xx. 9, are in war replaced by the captains),

i. 9-18, Taberah, Massah, Kibroth Taavah (ix. 22), Dathan and Abiram

(xi. 6), Balaam (xxiii. 5), Baal-peor (iv. 3). Only the

Jehovist narrative of Numbers xii. seems to be nowhere referred to.

In Deuteronomy i. 9-18 the scene is still at Horeb, but this passage

shows acquaintance with Numbers xi. and uses both versions for a

new and somewhat different one.

-- Footnote

well as a thread to understand JE. What, on the contrary, is

peculiar to the Priestly Code is passed over in deep silence,

and from Exodus xxxiv. Deuteronomy takes us at once to Numbers x.

While not a few of the narratives which Deuteronomy repeats or

alludes to, occur only in JE and not in Q, the converse does not

occur at all. And in those narratives which are found both in JE

and in Q, Deuteronomy follows, in every case in which there is a

distinct divergence, the version of JE. The spies are sent out

from Kadesh, not from the wilderness of Paran; they only reach

Hebron, not the neighbourhood of Hamath; Caleb is one of them, and

not Joshua. The rebels of Numbers xvi. are the Reubenites Dathan

and Abiram, not Korah and the Levites. After the settlement in

the land east of Jordan the people have to do with Moab and Ammon,

not with Midian: Balaam is connected with the former, not with the

latter. The same of Baal-peor: Deuteronomy iv. 3 agrees with JE

(Numbers xxv. 1-5), not with Q (Numbers xxv. 6 seq.). Things being

so, we cannot, with Noldeke, see in the number of the spies (Deuteronomy

i. 23) an unmistakable sign of the influence of Q (Numbers xiii.

2). Had the author read the narrative as it is now before us in

Numbers xiii. xiv., it would be impossible to understand how, as we

have seen, the Jehovist version alone made any impression on him.

He must, accordingly, have known Q as a separate work, but it is a

bold step to argue from such a small particular to the use of a

source which everywhere else is entirely without influence and

unknown, especially as the priority of this source is by no

means established on independent grounds, but is to be proved by

this alleged use of it. lf there were a palpable difference

between JE and Q in this point, if we could say that in Q there

were twelve spies sent out, and in JE; three, the case would be

different; but in Numbers xiii. the beginning of the narrative of

JE has been removed and that of Q put in place of it, so that we

do not know how the narrative of JE began, and what number, if

any, was given in it. In such a state of matters the only

reasonable course is to supply what is lacking in JE from

Deuteronomy, which generally follows the Jehovist alone, and to

conclude that the spies were twelve in number in this source also.

The instance in which the proof would be strongest that Deuteronomy

was acquainted with the narrative of the Priestly Code, is x. 22.

For the seventy souls which make up the whole of Israel at the

immigration into Egypt, are not mentioned in JE, and there is no

gap that we are aware of in the Jehovist tradition at this point.

But they are by no means in conflict with that tradition, and

even should we not take Deuteronomy x. 22 for a proof that the

seventy souls found a place in it also, yet it must at least be

acknowledged, that that passage is by no means sufficient to

break down the evidence that the priestly legislation has the

legislation of Deuteronomy for its starting-point. /1/

-- Footnote

1. Noldeke frequently argues from such numbers as 12 and 70, as

if they only occurred in Q. But that is not the case. As Q in

the beginning of Genesis has groups of 10, JE has groups of 7;

12 and 40 occur in JE as frequently as in Q, and 70 not less

frequently. It is therefore surprising to find the story of the

12 springs of water and the 70 palm-trees of Elim ascribed to Q

for no other reason than because of the 12 and the 70. Not even

the statements of the age of the patriarchs--except so far as they

serve the chronological system--are a certain mark of Q: compare

Genesis xxxi. 18, xxxvii. 2, xli. 26, l. 26; Deuteronomy xxxiv.

7; Joshua xxiv. 29. Only the names of the 12 spies and the 70

souls are incontestably the property of the Priestly Code, but

it is by no means diflicult to show (especially in Genesis xlvi.

8-27) that they are far less original than the figures. The

numbers are round numbers, and in fact do not admit of such a

recital of the items of which they are made up.

-- Footnote

VIII.I.3. As a further objection to Graf's hypothesis, the

Deuteronomistic revision of the Hexateuch is brought into the

field. That revision appears most clearly, it is said, in those

parts which follow the Deuteronomic Torah and point back to it.

It used to be taken for granted that it extends over the Priestly

portions as well as the Jehovistic; but since the occasion arose

to look into this point, it is found that it is not so. The

traces which Noldeke brings together on the point are trifling,

and besides this do not stand the test. He says that the

Deuteronomistic account of the death of Moses (Deuteronomy xxxii. 48

seq., xxxiv. 1 seq.) cannot be regarded as anything else than an

amplification of the account of the main stem (Q), which is

preserved almost in the same words. But Deuteronomy xxxiv. 1b-7

contains nothing of Q and xxxii. 48-52 has not undergone

Deuteronomistic revision. He also refers to Josh. ix. 27:

"Joshua made the Gibeonites at that day hewers of wood and drawers

of water for the congregation and for the altar of Jehovah even

unto this day, in the place which He should choose."

The second part of this sentence, he says, is a Deuteronomistic

addition to the first, which belongs to the Priestly narrative.

But Noldeke himself acknowledges that the Deuteronomistically-revised

verses ix. 22 seq. are not the continuation of the priestly version

15c, 17-21, but of the Jehovistic version 15ab, 16; and between

verse 16 and verse 22 there is nothing wanting but the

circumstance referred to in verse 26. The phrase _hewer of wood

and drawer of water_ is not enough to warrant us to separate verse

27 from 22-26; the phrase occurs not only in verse 21 but also

in JE verse 23. The words FOR THE CONGREGATION do certainly

point to the Priestly Code, but are balanced by the words which

follow, FOR THE ALTAR OF JEHOVAH, which is according to the

Jehovistic view. The original statement is undoubtedly that the

Gibeonites are assigned to the altar or the house of Jehovah. But

according to Ezekiel xliv. the hierodulic services in the temple

were not to be undertaken by foreigners, but by Levites; hence

in the Priestly Code the servants of the altar appear as servants

of the congregation. From this it results that LMZBX is to be

preferred in verse 27 to L(DH W, the latter being a later

correction. As such it affords a proof that the last revision of

the Hexateuch proceeded from the Priestly Code, and not from Deuteronomy.

As for Joshua xviii. 3-10, where Noldeke sees in the account of the

division of the land another instance of Deuteronomistic addition,

I have already indicated my opinion, <VIII.III.2.>. The piece is

Jehovistic, and if the view were to be found in the Priestly Code

at all, that Joshua first allotted their territory to Judah and Ephraim,

and then, a good while after, to the other seven tribes, that source

must have derived such a view from JE, where alone it has its roots. /1/

-- Footnote

1. Jahrbb. fur Deutsche Theol., 1876, p. 596 seq.

-- Footnote

And lastly, Noldeke considers Josh. xxii. to speak quite decidedly

for his view; but in the narrative of the Priestly Code, xxii. 9-34,

to which the verses l-8 do not belong, there is no sign of

Deuteronomistic revision to be found. /2/

-- Footnote

2. Joh. Hollenberg in Stud. und Krit., 1874, p. 462 seq.

-- Footnote

There is a more serious difficulty only in the case of the short

chapter, Josh. xx., of which the kernel belongs to the Priestly

Code, though it contains all sorts of additions which savour

strongly of the Deuteronomistic revision. Kayser declares these

awkward accretions to be glosses of quite a late period. This may

seem to be pure tendency-criticism; but it is reinforced by the

confirmation of the Septuagint, which did not find any of those

alleged Deuteronomistic additions where they now are. /3/

-- Footnote

3. Aug. Kayser, Das vorexilische Buch der Urgeschichtc Israels

(Strassburg, 1874), p. 147, seq.; Joh. Hollenberg, der

Charactcr der Alex. Uebersetzung des B. Josua (Programm des

Gymn. zu Moers, 1876), p. 15.

-- Footnote

But were it the case that some probable traces of Deuteronomistic

revision were actually to be found in the Priestly Code, we must

still ask for an explanation of the disproportionately greater

frequency of such traces in JE. Why, for example, are there none

of them in the mass of laws of the middle books of the Hexateuch?

This is undoubtedly and everywhere the fact, and this must

dispose us a priori to attach less weight to isolated instances to

the contrary: the more so, as Joshua xx. shows that the later

retouchings of the canonical text often imitate the tone of the

Deuteronomist.

IX.II.

IX.II.1. I have said that in the L)DH W of Josh. ix. 27, we have

the addition of a final priestly revision. Such a revision must be

assumed to have taken place, if the Priestly Code is younger than

Deuteronomy. But the assumption of its existence does not depend

on deduction merely: Kuenen argued for it inductively, even

before he became a supporter of Graf's hypothesis. /1/

-- Footnote

1. Historisch-Kritisch Onderzoek I. (Leyden, 1861), p. 165; the

reviser of the Pentateuch must be sought in the same circles in

which the Book of Origins (Q) arose and was gradually extended

and modified, i.e., among the priests of Jerusalem, p. 194; it is

generally thought that the Deuteronomist is the reviser of the

whole Book of Joshua, but his hand is not to be traced

everywhere,--not, for example, in the priestly sections; the last

reviser is to be distinguished from the Deuteronomist. In

certain narratives of Numbers and Joshua, Kuenen detected very

considerable additions by the last reviser, and the results of

his investigation have now been published in the first part of the

second edition of his great isagogic work (Leyden, 1885).

-- Footnote

This may be best demonstrated by examining the chapters Leviticus

xvii.-xxvi. At present they are incorporated in the Priestly

Code, having undergone a revision with that view, which in some

places adds little, in others a good deal. Viewed, however, as

they originally were, they form a work of a peculiar character

by themselves, a work pervaded by a somewhat affected religious

hortatory tone, which harmonises but little with the Priestly

Code. The author worked largely from earlier authorities, which

explains, for example, how chapter xviii. and chapter xx. both

find a place in his production. Leviticus xvii.-xxvi is incomparably

instructive for the knowledge it affords of literary relationships:

it is a perfect compendium of the literary history of the Pentateuch. /2/

-- Footnote

2. Compare Jahrbb. fur Deutsche Theol., 1877, p. 422-444,

especially on the elimination of the additions of the reviser.

In the present discussion I shall not take these into account.

In chapter xxiii., for example, I only take account of verses

9-22, 39-44, in chapter xxiv. only of vers. 15-22

-- Footnote

As with Deuteronomy, so with this legislation; it is clear that

it goes back to the Jehovistic legislation of Sinai (Exodus

xx.-xxiii.) as its source. It also bears to have been given on

Mount Sinai (xxv. 1, xxvi. 46). It is addressed to the people,

and is popular in its contents, which are chiefly of a civic and

moral character. It is meant only for the promised land and for

settled life, not for the wilderness as well. The festivals are

three in number, and have not quite parted with their character

as feasts of harvest. Among the sacrifices the sin-offering and

the trespass-offering are wanting. The legislation does deal with

the cultus to a disproportionate extent, but the directions about

it do not go into technical details, and are always addressed to

the people. Even in those directions which concern the priests

the people are addressed, and the priests are spoken of in the

third person. Nor are palpable points of contact wanting. Leviticus

xix. 2-8, 9-18, may be regarded as counterparts of the first and

second tables of the decalogue. The precept, "Thou shalt not

respect the person of the poor, nor honour the person of the mighty,"

xix. 15, is a development of that in Exodus xxiii. 3, and a number

of other precepts in Leviticus xix. could stand with equal

appropriateness in Exodus xxii. 17 seq. The directions in Leviticus

xxii. 27-29 are similar to those of Exodus xxii. 29, xxiii. 18, 19.

In the same way those of Leviticus xxiv. 15-22 are based both in

contents and form on Exodus xxi. 12. /1/

-- Footnote

1. Compare xxiv. 15 seq. with Exodus xxii. 27 (xxi. 17); xxiv.

18 with Exodus xxi. 28 seq.; xxiv. 19, 20 with Exodus xxi. 33,

34; xxiv. 21 with Exodus xxi. 28 seq.

-- Footnote

In xxiv. 22 we notice a polemical reference to Exodus xxi. 20

seq., 26 seq. In xxv. 1-7 the whole of the expressions of Exodus

xxiii. 10, 11 are repeated. In xx. 24, we have the Jehovistic

phrase, "a land flowing with milk and honey."

Yet Leviticus xvii.-xxvi. only takes its starting-point from the

Jehovistic legislation, and modifies it very considerably,

somewhat in the manner of Deuteronomy. There is a demonstrable

affinity with Deuteronomy both in the ideas and in the

expressions. Common to both is the care for the poor and the

undefended: to both humanity is a main object of legislation.

"If a stranger sojourn with thee in your land, ye shall not vex

him; he shall be unto you as one born among you, and thou shalt

love him as thyself; for ye were strangers in the land of Egypt"

(xix. 34).

Leviticus xvii. seq. attaches great importance to unity of worship.

It is still a demand, not a presupposition (xvii. 8 seq., xix. 30,

xxvi. 2); the motive of it is to guard against heathen influences

and to secure the establishment of a monotheism without images. /2/

-- Footnote

2. xvii. 7 (cf. 2Chronicles xi. 15), xviii. 21, xix. 4, 19, 26,

29, 31, xx. 2 seq. 6, xxvi. 1, 30. With regard to the date we

have to note the stern prohibition of the service of Moloch. On

Lev, xvii. see above, p. 376.

-- Footnote

This is quite recognisable, and forms an important point of

contact with Deuteronomy. The same contact may be observed in

the prohibition of certain observances of mourning (xix. 27 seq.),

the calculation of Pentecost from the beginning of barley harvest

(xxiii. 15), the seven days' duration of the feast of tabernacles,

and the cheerful sacrificial feasts which are to accompany its

observance. Add to this a similarity by no means slight in the

colour of the language, e.g., in xviii. 1-5, 24-30, xix. 33-37,

xx. 22 seq., xxv. 35 seq. Some of the phrases may be mentioned.

"When ye are come into the land that I shall give you." "Ye shall

rejoice before Jehovah." "I am Jehovah that brought you up out

of the land of Egypt." "Ye shall keep my commandments and statutes

and laws, to do them."

But the legislation we have here is further advanced than

Deuteronomy. In the festivals the joint sacrifice of the

congregation is already prominent (xxiii. 9-22). The priests

are not the Levites, but the sons and brothers of Aaron, their

income has grown materially, their separate holiness has reached a

higher point. Stricter demands are also made on the laity for

personal holiness, especially as regards continence from the sins

of the flesh, and the marriage of relatives (Leviticus xviii. xx.).

Marriage with an uncle's wife is forbidden (xviii. 14, xx. 20),

whereas in Deuteronomy it is still legal. The work dates from a

time when exile was a familiar idea: xviii. 26 seq.:

"Ye shall keep my statutes and my judgments, and shall not commit

any of those abominations; for the men that were in the land before

you did these things, and the land vomited them out. Take care

that the land spue not you out also as it spued out the nations

that were before you."

Similarly xx. 23 seq.: and in a legislative work such utterances

prove more than they would in a prophecy. Now as our section

departs from Deuteronomy, it approaches to Ezekiel. This is its

closest relationship, and that to which attention has been most

drawn. It appears in the peculiar fusion of cultus and morality,

in the notion of holiness, in a somewhat materialistic sense, as

the great requirement of religion, and in the fact that the demand

of holiness is made to rest on the residence of the people near

the sanctuary and in the holy land. /1/

-- Footnote

1. On Leviticus xxii. 24, 25, compare Kuenen's Hibbert Lectures.

-- Footnote

But the affinity is still more striking in the language: many

unusual phrases, and even whole sentences, from Ezekiel, are

repeated in Leviticus xvii. seq. /2/

-- Footnote

2. Compare Colenso, Pentateuch and Joshua, vi. p. 3-23. Kayser,

op. cit. p. 177- 179. Smend on Ezekiel, p. xxv.

-- Footnote

The 10th of the 7th month is in Leviticus xxv. 9 as in Ezekiel,

new-year's day, not, as in the Priestly Code, the great day of

atonement. This led Graf to regard Ezekiel himself as the author

of this collection of laws in Leviticus; and Colenso and Kayser

followed him. But this is out of the question; notwithstanding

the numerous points of contact both in linguistic and material

respects, the agreement is by no means complete. Ezekiel knows

no seed of Aaron, and no wine at the sacrifices (Leviticus xxiii.

13); his festival legislation shows considerable differences,

and in spirit is more akin to the Priestly Code. And if he were

the author he would have said something about the proper place

in the cultus of the Levites and of the prince.

The corpus in question, which Klostermann called, not

inappropriately, the Law of Holiness, inclines from Ezekiel

towards the Priestly Code: in such pieces as xvii. xxi. xxii.

it takes some closeness of attention to see the differences from

the latter, though in fact they are not inconsiderable. It stands

between the two, somewhat nearer, no doubt, to Ezekiel. How are

we to regard this fact? Jehovist, Deuteronomy, Ezekiel, are a

historical series; Ezekiel, Law of Holiness, Priestly Code, must

also be taken as historical steps, and this in such a way as to

explain at the same time the dependence of the Law of Holiness on

the Jehovist and on Deuteronomy. To assume that Ezekiel, having

the Pentateuch in all other respects as we have it, had a great

liking for this piece of it, and made it his model in the

foundation of his style of thought and expression--such an

assumption does not free us from the necessity of seeking the

historical order, and of assigning his natural place in that order

to Ezekiel; we cannot argue on such a mere chance. Now the

question is not a complicated one, whether in the Law of Holiness

we are passing from the Priestly Code to Ezekiel or from Ezekiel

to the Priestly Code. The Law of Holiness underwent a last

revision, which represents, not the views of Ezekiel, but those of

the Priestly Code, and by means of which it is incorporated in

that code. This revision has not been equally incisive in all

parts. Some of its corrections and supplements are very

considerable, e.g., xxiii. 1-8, 23-38; xxiv. 1-14, 23. Some

of them are quite unimportant, e.g., the importation of the Ohel

Moed (instead of the Mikdash or the Mishkan), xvii. 4, 6, 9, xix.

21 seq.; the trespass-offering, xix. 21 seq.; the Kodesh

Kodashim, xxi. 22. Only in xxv. 8 seq. is the elimination of

the additions difficult. But the fact that the last edition of

the Law of Holiness proceeds from the Priestly Code, is

universally acknowledged. Its importance for the literary history

of Israel cannot be over-estimated. /1/

-- Footnote

1. L. Horst, in his discussion on Leviticus XVii,-XXYi, and Ezekiel

(Colmar, 1881), has strikingly shown that the mechanical style of

criticism in which Dillmann even surpasses his predecessor Knobel,

is not equal to the problem presented by the Law of Holiness. He

goes on, however, to an attempt to save, by modifying it, the old

Strassburg view of Ezekiel's authorship; and as Kuenen justly

remarks, he makes ship-wreck on Leviticus xxvi. (Theol. Tijdschr.

1882, p. 646). Cf. <next note, beginning "Horst...">.

-- Footnote

IX.II.2. The concluding oration, Leviticus xxvi. 3-46, calls for

special consideration. Earlier scholars silently assumed that this

piece belonged to Leviticus xvii. 1-XXVI. 2; but many critics,

Noldeke for example, now regard it as an interpolation in Leviticus

of a piece which from its character should be elsewhere. At any rate

the oration is composed with special reference to what precedes it.

If it is not taken as a peroration, such as Exodus xxiii. 30-33,

Deuteronomy xxviii., its position in such a part of the Priestly Code

is quite incomprehensible. It has, moreover, a palpable

connection with the laws in xvii.-xxv. The _land_, and _agriculture_,

have here the same significance for religion as in chaps. xix.

xxiii. xxv.; the threat of vomiting out (xviii. 25 seq., xx.

22) is repeated here more circumstantially; the only statute

actually named is that of the fallow of the seventh year (xxvi.

34, xxv. 1-7). The piece begins with the expression, which is so

characteristic of the author of chapter xvii. seq. "If ye walk

in my statutes, and keep my commandments, and do them," and the

same phrase recurs, with slight alteration, in vers. 15 and 43.

The conclusion, verse 46, is, "These are the statutes and

judgments and laws which Jehovah gave, to regulate the relation

between Him and Israel on Mount Sinai, by Moses." This is

obviously the subscription of a preceding corpus of statutes and

judgments, such as we have in, xvii. 1-xxvi. 2. Mount Sinai is

mentioned also in xxv. 1 as the place of revelation.

If Leviticus xxvi. is incontestably intended to form the conclusion

of chaps. xvii.-xxv., it would be natural to suppose that the

author of that collection was also the author of the oration.

Noldeke thinks, however, that the language differs too much from

that of xvii.-xxv. Yet he is obliged to acknowledge several

resemblances, and these not unimportant; while some of the

differences which he adduces (Bamoth, Gillulim, Hammanim, xxvi.

30) are really examples of similarity. Rare and original words

may be found in the preceding chapters also. It may be that in

chapter xxvi they are more frequent in proportion: yet this does

not entitle us to say that the language generally is very original.

On the contrary, it is everywhere characterised by borrowed

expressions. So much of linguistic difference as actually remains

is sufficiently accounted for by the difference of subject: first

come laws in a dry matter-of-fact style, then prophecy in a

poetical pathetic style. The idiosyncrasy of the writer has no

scope in the former case, from the nature of the materials, some

of which had already assumed their form before he made use of them.

In the latter case he can express himself freely; and it is fair

that this should not be overlooked.

The arguments brought forward by Noldeke against the probability

that Leviticus xxvi. belongs to chaps. xvii.-xxv. and is not merely

tacked on to them, disappear completely on a closer comparison of

the literary character of the two pieces. Chapter xxvi. reminds

us most strongly of Ezekiel's style, both in thought and

language. The most significant passage is Leviticus xxvi. 39.

The threat has been uttered that Israel is to be destroyed as a

people, and that the remnant which escapes the destroying sword

of the enemy is to be carried into exile, to sink under the weight

of past calamity and present affliction. Then the speech goes

on: "And they that are left of you shall _pine away_ in their

iniquity in your enemies' land; and also in the iniquities of

their fathers shall they _pine away_. Then they will confess

their own sin and the sin of their fathers." In Ezekiel, this

confession actually occurs in the mouth of one of his

fellow-exiles: they say (xxxiii. 10), "Our transgressions

and our sins are heavy upon us, and we _pine away_ in them, and

cannot live." In the same strain the prophet says (xxiv. 23)

that in his dull sorrow for the death of his wife he will be an

emblem of the people: "ye shall not mourn nor weep, but ye shall

_pine away_ in your iniquities."

Nor are the other traits wanting in the oration which, as we say,

accompanied the Ezekielic colouring of the preceding chapters.

We do not expect to find traces of the influence of the Jehovist

legislation (further than that Exodus xxiii. 20 seq. formed the

model both for Deuteronomy xxviii. and Leviticus xxvi.); but to

make up for this we find very distinct marks of the influence of

the prophets, the older prophets too, as Amos (verse 31). We can

as little conceive the existence of the Book of Ezekiel as of this

chapter without the prophetic literature having preceded it and

laid the foundation for it.

As for the relation to Deuteronomy, the resemblance of Leviticus xxvi.

to Deuteronomy xxviii. is very great, in the arrangement as well as in

the ideas. True, there are not many verbal coincidences, but the

few which do occur are important. The expressions of xxvi. 16

occur nowhere in the Old Testament but in Deuteronomy xxviii. 22, 65:

similarly R)#YM with the meaning it has in verse 45 only occurs

in Deuteronomy xix. 14 and in the later literature (Isaiah lxi. 6).

The metaphor of the uncircumcised heart (verse 41) only occurs in

one other passage in the law, in Deuteronomy; the other instances

of it are in prophecy, of contemporary or later date (Jeremiah iv.

4, ix. 24, 25, Ezekiel xliv. 7, 9). There are several more

reminiscences of Jeremiah, most of them, however, not very

distinct. We may remark on the relation between Jeremiah xvi. 18

in one respect to verse 30, and in another to verse 18 of our

chapter. Here the sin is punished sevenfold, in Jeremiah double.

The same is said in Isaiah xl. 2, lx. 7; and our chapter has

also in common with this prophet the remarkable use of rtc,h (with

sin or trespass as object). Did not the chapter stand in

Leviticus, it would, doubtless, be held to be a reproduction, some

small part of it of the older prophecies, the most of it of those

of Jeremiah and Ezekiel: Leviticus xxvi. 34 is actually quoted in

2Chronicles xxxvi 22 as a word of the prophet Jeremiah.

Leviticus xxvi. has points of contact, finally, with the Priestly

Code, in PRH WRBH, HQYM BRYT, HTWDH, )NY, (never )NKY), in the

excessive use of the accusative participle and avoidance of verbal

suffixes, and in its preferring the colourless NTN to verbs of

more special meaning.

The only reason for the attempt to separate Leviticus xxvi. from

xvii.-xxv. lies in the fact, that the exilic or post-exilic origin

of this hortatory and denunciatory oration is too plain to be

mistaken. To us, this circumstance can only prove that it belongs

to xvii.-xxv., providing a weighty confirmation of the opinion we

have already formed on other grounds as to the period which produced

these laws.

"If ye will not for all this hearken unto me, but walk contrary to me,

then I will also walk contrary to you in fury; and I will chastise you

seven times for your sins. Ye shall eat the flesh of your sons

and daughters, and I will destroy your high places, and cast down

your sun-pillars' and cast your carcasses upon the carcasses of

your idols, and my soul shall abhor you. And I will make your

cities waste, and bring your sanctuaries into desolation, and I

will not smell the savour of your sweet odours. And I will bring

the land into desolation, and your enemies who settle therein

shall be astonished at it; and I will scatter you among the peoples,

and will draw out the sword after you, and your land shall be

desolate and your cities ruins. Then shall the land pay her

sabbaths all the years of the desolation when you are in your

enemies' land: even then shall the land rest and pay her

sabbaths. As long as it lieth desolate it shall make up the

celebration of the sabbaths which it did not celebrate as long as

you dwelt in it. And upon them that are left alive of you I will

send a faintness into their hearts in the land of their enemies,

and the sound of a shaken leaf shall chase them, and they shall

flee as fleeing from a sword, and they shall fall when none

pursueth. And they shall fall one upon another as it were before

a sword when none pursueth, and there shall be no stopping in the

flight before your enemies. And ye shall lose yourselves among

the peoples, and the land of your enemies shall eat you up. And

they that are left of you shall pine away in their iniquity in

your enemies' lands, and also in the iniquities of their fathers

shall they pine away. And they shall confess their iniquity

and the iniquity of their fathers in regard to their

unfaithfulness which they committed against me, and that because

they have walked contrary to me, I also walk contrary to them,

and bring them into the land of their enemies. Then their

uncircumcised heart is humbled, and then they pay their penalty,

and I remember my covenant with Jacob, and also my covenant with

Isaac, and also my covenant with Abraham, and I remember the land.

The land also, left by them, pays its sabbaths, while she lieth

without inhabitant and waste, and they themselves pay the penalty

of their iniquity because, even because, they despised my judgments,

and their soul abhorred my statutes. And yet for all that, when

they be in the land of their enemies, I have not rejected them,

neither have I abhorred them to destroy them utterly, and to break

my covenant with them: for I am Jehovah their God. And I will for

their sakes remember the covenant of their ancestors whom I brought

forth out of the land of Egypt in the sight of the peoples, that

I might be their God: I am Jehovah" (xxvi. 27-45).

These words undoubtedly cannot have been written before the

Babylonian exile. It is said that the Assyrian exile will explain

the passage: but where is there any similarity between the

oration before us and the old genuine Isaiah? In Ezekiel's day

such thoughts, feelings, and expressions as we have here can be

shown to have prevailed: but it would be difficult to show that

the fall of Samaria gave rise to such depression at Jerusalem:

and Leviticus xxvi. was not written outside Jerusalem, for it

presupposes unity of worship. The _Jews_ are addressed here, as

in Deuteronomy xxix., xxx., and they had no such lively feeling

of solidarity with the deported Israelites as to think of them

in connection with such threats. I even think it certain that

the writer lived either towards the end of the Babylonian exile

or after it, since at the close of the oration he turns his eyes

to the restoration. In such prophets as Jeremiah and Ezekiel

there is a meaning in such forecasting of the joyful future but

here it contradicts both the historical position and the object

of the threats, and appears to be explained most naturally as

the result of an accident, i.e., of actuality. That in a

comparison of Leviticus xxvi. with Jeremiah and Ezekiel, the

former cannot claim priority, appears distinctly from the

comparative use of the phrase _uncircumised heart_. That phrase

originates in Jeremiah (iv. 4, ix. 24 seq.), but in Leviticus

xxvi. it is used as a well-known set term. In the same way the

phrase _pine away in their iniquity_ is repeated by Ezekiel as he

heard it in the mouth of the people. He is its originator in

literature; in Leviticus xxvi. it is borrowed. /1/

-- Footnote

1. Horst tries to find a place for Leviticus xxvi. in the last

years of king Zedekiah (op. cit. p. 65, 66), but in this he is

merely working out his theory that the author was the youthful

Ezekiel; and the theory is sufficiently condemned if it leads

to this consequence. Delitzsch (Zeitschr. fur Kirchl. Wissench.

1880, p. 619) thinks it a piece of impertinence in me to read out

of Ezekiel xxxiii. what that passage says. On Deuteronomy x. 16,

xxx. 6, and generally on the color Hieremianus in Deuteronomy, see

Jahrb. fur D. Thhcol., 1877, p. 464.

-- Footnote

The criticism of Leviticus xvii. seq. Ieads us to the result, that

a collection of laws which took form during the period of the exile

was received into the Priestly Code, and there clothed with fresh

life. We need not then tremble at Schrader's threatening us with

"critical analysis," and Graf's hypothesis will not be thereby

overturned.

IX.II.3. Two or three further important traces of the final priestly

revision of the Hexateuch may here find mention. In the story

of the flood the verses vii. 6-9 are an editorial addition, with

the object of removing a contradiction between JE and Q; it

shares the ideas and speaks the language of the Priestly Code.

In the title of Deuteronomy the verse, "It came to pass in the

fortieth year, in the eleventh [(#TY] month, on the first day of

the month, that Moses spake unto the children of Israel according

to all that Jehovah had given him in commandment unto them" (i. 3)

is shown by the most undoubted signs to belong to the Priestly Code,

and is intended to incorporate Deuteronomy in that work. We have

already shown that the Priestly Code in the Book of Joshua is simply

a filling-up of the Jehovistic-Deuteronomistic narrative.

That the Priestly Code consists of elements of two kinds, first of

an independent stem, the Book of the Four Covenants (Q), and

second, of innumerable additions and supplements which attach

themselves principally to the Book of the Four Covenants, but not

to it alone, and indeed to the whole of the Hexateuch--this

assertion has not, strange to say, met with the opposition which

might have been expected. Ryssel has even seen in the twofold

nature of the Priestly Code a means to maintain the position of

the Book of the Four Covenants before the exile: he sacrifices

the additions, and places the necessary interval between them and

the main body of the work. He thinks the close affinity between

the two parts is sufficiently explained by the supposition that

they both issued from the same circle, that of the priesthood of

Jerusalem. Were it the case that the temple of Jerusalem was as

autonomous and as solely legitimate in the days of Solomon as in

those of the foreign domination, that the priests had as much to

say under Ahaz, Hezekiah, and Josiah as after the exile, if it

were allowable to represent them according as it suits one's views,

and not according to the historical evidence, if, in short, there

were no Israelite history at all, such an explanation might be

allowed to stand. The secondary part of the Priestly Code of

necessity draws the primary part with it. The similarity in

matter and in form, the perfect agreement in tendencies and ideas,

in expressions and ways of putting things, all compel us to think

that the whole, if not a literary, is yet a historical, unity.

IX.III.

<IX.III.1.> It has lately been the fashion to regard the language of

the Priestly Code as an insuperable barrier to the destructive

efforts of tendency criticism. But it is unfortunate that this veto

of language is left as destitute of detailed proof, by Delitzsch,

Riehm, and Dillmann, as the veto of critical analysis by Schrader;

and we cannot be called upon to show proof against a contention

which is unsupported by evidence. But I take advantage of the

opportunity to communicate some detached observations, which I

may perhaps remark did not occur to me in connection with the

investigation of the Pentateuch, but on a quite different occasion.

In the passage 2Samuel vi. 12 I was exceedingly struck with L(MT,

and not less with BR) in the two passages Isaiah iv. 5, Amos iv. 13,

and while following out the distribution of these two words I came

on the traces of similar phenomena.

The language of the pre-exilic historical books is in general much

akin to that of the Jehovistic work; that of the Priestly Code,

on the contrary, is quite different. It is common enough to

interpret this fact, as if the latter belonged to an earlier

period. But not to mention that in that case the Code must have

been entirely without influence on the history of the language,

it agrees ill with this view, that on going back to the oldest

documents preserved to us of the historical literature of the

Hebrews we find the difference increasing rather than diminishing.

Take Judges v. and 2Samuel i.; the poetical pieces in JE may be

compared with them, but in Q there is nothing like them. And on

the other hand, it is in the narratives which were introduced very

late into the history, such as Judges xix.-xxi.; 1Samuel vii.

viii. x. 17 seq. xii.; 1Kings xiii., and the apocryphal

additions in 1Kings vi.-viii. that we recognise most readily

some linguistic approximation to the Priestly Code. And as in the

historical so also in the prophetical literature. The speech of

Amos, Isaiah, Micah, answers on the whole to that of the Jehovist,

not to that of the priestly author.

Deuteronomy and the Book of Jeremiah first agree with the Priestly

Code in certain important expressions. In Ezekiel such expressions

are much more numerous, and the agreement is by no means with

Leviticus xvii.-xxvi. alone. /1/

-- Footnote

I Especially noticeable is P)T NGB TYMNH in Ezekiel and the

Priestly Code. In the latter Negeb, even when it refers to the

actual Negeb, yet is used as denoting south (Numbers xxxiv. 3,

xxv. 2-4), i.e., it has completely lost its original meaning.

-- Footnote

In the subsequent post-exilic prophets down to Malachi the points

of contact are limited to details, but do not cease to occur; they

occur also in the Psalms and in Ecclesiastes. Reminiscences of the

Priestly Code are found nowhere but in the Chronicles and some of

the Psalms. For that Amos iv. 11 is borrowed from Genesis xix. 29

is not a whit more clear than that the original of Amos i. 2 must

be sought in Joel iv. 19 [iii. 16].

The Priestly Code maintains its isolated literary character as

against the later literature also. This is the result partly of

the use of a number of technical terms, partly of the incessant

repetition of the same formulae, and of its great poverty of

language. But if we neglect what is due to the stiff and hard

idiosyncrasy of the author, it is undoubtedly the case that he

makes use of a whole series of characteristic expressions which

are not found before the exile, but gradually emerge and come

into use after it. The fact is not even denied, it is merely

put aside. To show what weight is due to it we may find room

here for a short statement of the interesting points for the

history of language to be found in Genesis i.

Genesis i. 1, R)#YT means in the older Hebrew, not the COMMENCEMENT

of a process which goes forward in time, but the FIRST

(and generally the BEST) part of a thing. In the sense of a

beginning in time, as the contrary to )XRYT, it is first found in

a passage of Deuteronomy, xi. 12; then in the titles in the Book

of Jeremiah, xxvi. 1, xxvii. 1, xxviii. 1, xlix. 34, and in Isaiah

xlvi. 10, and lastly in the Hagiographa, Job viii. 7, xili. 12;

Proverbs xvii. 14; Ecclesiastes vii. 8. In Genesis x. 10

R)#YT MMLKTW has a different meaning from that in Jeremiah xxvi. 1

in the one it is the principal part of the kingdom; in the other

it is the beginning of the reign. _In the beginning_ was in the

early time, if absolute, BFR)#NH, BATTXLH; if relative, BTXLT

TXLT. /1/

-- Footnote

1 The vocalisation B:R#YT is very curious: we should expect

BFRA$YT. It has been attempted to do justice to it by translating:

"In the beginning, when God created heaven and earth--but the earth

was without form and void, and darkness lay upon the deep, and the

spirit of God brooded over the water--then God spake: Let there be

light."

But this translation is desperate, and certainly not that followed

by the punctuators, for the Jewish tradition (Septuagint, Aquila,

Onkelos) is unanimous in translating:

"In the beginning God created heaven and earth."

In Aramaic, on the contrary, such adverbs take, as is well known,

the form of the _status constructus_. Cf. RBT Psalm lxvv. 10, cxx. 6.

-- Footnote

We have already spoken <VIII.I.1. "a special word"> of the word

BR), a word remarkable for its specific theological import. Apart

from Amos iv. 13 and Isaiah iv. 5 it is first found outside the

Priestly Code in the Deuteronomist in Exodus xxxiv. 10, Numbers xvi.

30 (?), Deuteronomy iv. 32, and in the Book of Jeremiah, xxxi. 22:

then in Ezekiel xxi. 35, xxviii. 13, 15; Malachi ii. 10; in Psalms

li. 12, lxxxix. 13, 48, cii. 19, civ. 30, cxlviii. 5; Ecclesiastes

xii. 1. It occurs, however, most frequently, 20 times in fact,

in Isaiah xl.-lxvi.; and curiously enough, never in Job, where we

should expect to find it. It has nothing to do with B"R") (cut down

wood) and BRY) (fat). /2/

-- Footnote

2. I do not speak of the use of _Elohim_ and the application of

the names of God in the Priestly Code: the matter is not yet clear

to me. Very curious is H#M, Leviticus xxiv. 11.

-- Footnote

Genesis i. 2, THW WBHW occurs also in Jeremiah iv. 23; Isaiah xxxiv.

11. THW alone is not so rare, but it also occurs, Isaiah xxix. 21

excepted, only in the later literature Deuteronomy xxxii. 10; 1Samuel

xii. 21; Isaiah xxiv. 10, xl. 17, 23, xli. 29, xliv. 9, xlv.

18 seq., xlix. 4, lix. 4; Job vi. 18, xii.24, xxvi. 7; Psalm

cvii. 40. The verb RXP (brood), which is common in Aramaic, only

recurs in a single passage in the Old Testament, and that a late

one, Deuteronomy xxxii. 11. Yet the possibility must be conceded

that there was no occasion for its more frequent employment.

Genesis i. 4, HBDYL and NBDL (divide and divide one's self), common

in the Priestly Code, is first used by Deuteronomy and the

Deuteronomist (Deuteronomy iv. 41, x.8, xix. 7, xxix. 10; 1Kings

viii. 53), then by Ezekiel (xxii. 26, xxxix. 14, xlii. 10) and

the author of Isaiah xl. seq. (lvi. 3, lix. 2). It is most used by

the writer of Chronicles, (1Chronicles xii. 8, xxiii. 13, xxv. 1;

2Chronicles xxv. 10; Ezra vi. 21, viii.24, ix. 1, x. 8, 11, 16 ;

Nehemiah x. 2, 29, xiii. 3). On YWM )XD Genesis i. 5 compare

Josephus, Antiquities I. i. 1: "That now would be the FIRST day,

but Moses says ONE day; I could give the reason of this here, but

as I have promised (in the Introduction) to give such reasons for

everything in a separate work, I shall defer the exposition till

then." The Rabbis also, in Genesis Rabba, feel the difficulty of

the expression, which, however, has its parallel in the )XD LXD#,

which belongs to the later way of speaking. In Syriac the

ordinary expression is XD B#B); hence in the New Testament MIA

SABBATWN for the first day of the week.

Genesis i. 6, RQY( (firmament) is found, outside the Priestly

Code, only in Ezekiel (i. 22-26, x. 1), and in still later

writers ; Psalms xix. 2, cl. 1 ; Daniel xii. 3; cf. Job

xxxviii. 18. /1/

-- Footnote

1. It does not mean, as is generally assumed, that which is

beaten out thin, is stretched out. For, firstly, the heaven is

never considered to be made of sheet-metal; secondly, the meaning

in question only belongs to the Piel, and the substantive derived

from it is RIQQUA(. The Kal, with which RQY( must be connected,

is found in Isaiah xiii. 5, xliv. 24; Psalms cxxxvi. 6. It is

generally translated _spread out_, but quite unwarrantably.

Parallel with it are YSD and KWNN (compare Psalms xxiv. 2 with cxxxvi.

6); the Septuagint translates in all three passages with stereoun,

and accordingly renders RQY( with STEREWMA (firmamentum). This

rendering, which alone is supported by tradition, and which is very

satisfactory, is confirmed by the Syriac, where the verb RQ( is

frequent in the sense of _fortify_.

-- Footnote

Genesis i. 10 YMYM (the sea, singular, see i. 22; Leviticus xi. 9,

10), is rare in older times, and belongs to lofty poetical

language; it is, on the contrary, frequent in Ezekiel (ten

times), and in the Psalms (seven times); and occurs besides in Job

vi. 3; Nehemiah ix. 6 ; Jonah ii. 4 ; Daniel xi. 45. Genesis i. 11

MYN (kind), a very peculiar word, especially in the form _Jeminehu_,

is found outside of this chapter and Leviticus xiv., Genesis vi. 20,

vii. 14, only in Deuteronomy xiv. and Ezekiel xlvii. 10.

Genesis i. 26, DMWT (likeness, verses 1, 3) does not occur in the

earlier literature. It first appears in 2Kings xvi. 10, in a

post-Deuteronomic passage, for the writer is that of chapter xi.

seq., xxi. seq. Then in Ezekiel (15 times), Isaiah xiii. 4, xl.

18; 2Chronicles iv. 3; Psalms lxviii. 5. It is a borrowed word

from Aramaic; and the corresponding verb only came into use in

the period when Aramaic began to find its way in.

Genesis i. 27 ZFKFR (male) is in earlier times ZFKW.R; for

this is the vocalization in Exodus xxiii. 17, xxxiv. 23; Deuteronomy

xvi. 16, xx. 13; and if it is right in these passages, as we cannot

doubt it is, it must be introduced in Exodus xxxiv. 19; Deuteronomy

xv. 19; 1Kings xi. 15 seq. as well. In the Priestly Code ZFKFR

occurs with great frequency, and elsewhere only in the later

literature, Deuteronomy iv. 16; Jeremiah xx. 15, xxx. 6; Ezekiel xvi.

17; Isaiah lxvi. 7; Malachi i. 14; Judges xxi. 11, 12; 2Chronicles

xxxi. 16; Ezra viii. As for NQBH (female), matters are even worse.

Outside the Priestly Code it is only found in Jeremiah (xxxi. 22)

and the Deuteronomist (iv. 16). The Jehovist, it is well known,

always says )Y#, W)Y#H even of the lower animals: the editor of

the Hexateuch, on the contrary, always follows the usage of the

Priestly Code.

Genesis i. 28 XYH HRM#T attracts attention by the omission of the

article with the substantive and its being merely prefixed to the

following adjective; as if one should say in Greek, )ANHR (O

)AGATHOS instead of (O )ANER (O )AGATHOS. In the same way i. 21

YWM H##Y, and ii. 3 YWM H#BY(Y. In Arabic there are some

analogies for this, but on seeking one in Hebrew we have to come

down to the period when it was usual to say KNST HGDWLH. KB#

and RDH are Aramaisms. In KBSHWH we find the only verbal suffix

in Genesis i. Instead we have always the forms )TM )TW; this is

so in the Priestly Code generally. In the Jehovistic main work,

in J, these substitutes with )T are only used sometimes and for

special reasons: it may be generally asserted that they are

more used the later we come down. Parallel with this is the use

of )nky in J and )ny in the Priestly Code; the latter form

grows always more frequent in later times.

These remarks carry us beyond Genesis i.; for the Priestly Code

generally I am now able to refer to F. Giesebrecht's essay on

the criticism of the Hexateuch. Such words as QRBN, (CM, L(MT,

(#TY are each, by itself, strong arguments for assuming a late

date for the production of the Priestly Code. We cannot believe

that such everyday words should never have come into use in the

other literature before the exile, if they were in existence.

They cannot be counted technical terms: QRBN used in Hebrew for

sacrifice and offering is simply as if an English writer should

say priere instead of worship. In such comparisons of the

vocabulary we have, however, to consider first the working up

and revision which has been at work in every part of the books

of the Bible, and secondly the caprice of the writers in apparent

trifles, such as )NKY and )NY, especially outside the Pentateuch.

These two agencies have so dislocated the original facts in this

matter, that in general we can only deal in proportions, and must

be content with showing that a word occurs say 3 times in the

other literature and 27 times in an equal extent of the later. /1/

-- Footnote

1. Too much importance must not be attached to Aramaisms: even when

they admit of clear demonstration they prove little while

occurring merely in single instances. We early find remarkable

phenomena, such as NDR for NZR (hence NZYR = vovens), N+R for NCR

(Amos i. 11 , Y+R for Y+RP?), comp. Arabic _lata_ for _laisa_, Sur.

38, 2. Hudh. 84, 1. And yet such an Aramaism as BT #NTH in Numbers

xv. 27, or even QRBN, is very remarkable.

-- Footnote

IX.III.2. The study of the history of language is still at a very

elementary stage in Hebrew. In that which pertains to the

lexicographer it would do well to include in its scope the proper

names of the Old Testament; when it would probably appear that

not only Parnach (Numbers xxxiv. 25) but also composite names such

as Peda-zur, Peda-el, Nathana-el, Pazi-el, Eli-asaph, point less to

the Mosaic than to the Persian period, and have their analogies in

the Chronicles. On the other hand, the prepositions and particles

would have to be examined the use of the prepositions Beth and

Lamed in the Priestly Code is very peculiar. That would lead

further, to syntax; or better still, to rhetoric and style--a

diffcult and little cultivated field of study, but one of great

importance and lending itself readily to comparative treatment.

This treatment yields the most far-reaching results in the case

of those parallels which have an undoubted and direct relation

to each other. The dependence of the Priestly Code on the Jehovist

cannot be more strikingly demonstrated than by comparing its CDYQ,

Genesis vi. 9, with the CDYQ BDWR HZH, of Genesis vii. 1 (JE.).

The plural DRWT is quite on a line with the MYNYM, and the (MY

H)RC, of the Rabbis, and the SPERMATA of Galatians iii. 15; it

does not denote the successive generations, but contemporaries,

the contemporaneous individuals of one and the same generation.

From words we are brought back to things again by noting that the

age of the word depends in many cases on the introduction of the

thing. The name BTR in the Song of Songs, for example,

presupposes the cultivation of the malobathron in Syria and

Palestine. The Priestly Code enumerates colours, stuffs,

goldsmiths' work and jewels, which nowhere occur in the older

literature: along with the Book of Ezekiel it is the principal

quarry in the Old Testament for the history of art; and this is

the less likely to be due to chance, as the geographical horizon

of the two works is also the same. There is also some contact in

this respect, though to a less degree, between the Priestly Code

and Isaiah xl.-lxvi., and this must doubtless receive a historical

explanation in the circumstances of the Babylonian age. /l/

-- Footnote

1. On Canticles cf. Schuerer's Theol. Lit. Z., 1879, p. 31. It

also, by the names of plants and similar details mentioned in it,

is an important source for the history of external civilisation.

In Isaiah liv. 11, read with the Septuagint NPK: instead of the

meaningless PWK:, and )DNYK instead of )BNYK.

-- Footnote

Prolegomena to the History of Israel · 第 12 / 16 章