Prolegomena to the History of Israel Part 29

2. Comp. ******************************************

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/

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 wors.h.i.+p.

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/

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.

After laboriously collecting the data offered by the historical and prophetical books, we constructed a sketch of the Israelite history of wors.h.i.+p; 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 wors.h.i.+p, 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 wors.h.i.+p, 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 inst.i.tutions and usages of wors.h.i.+p; 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 a.s.signs 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 a.n.a.lysis enters its veto" against it. Even critical a.n.a.lysis? 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 wors.h.i.+p 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 ent.i.tled 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/

1. Jahrb. Deutsche Theol., 1876, p. 392 seq, 531 seq; 1877, p. 407 seq.

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 princ.i.p.al points of that discussion.

IX.I.2. It is a.s.serted 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 pa.s.sage 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 circ.u.mstances, and was therefore promulgated by G.o.d Himself from h.o.r.eb, 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 publis.h.i.+ng, 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. x.x.xii-x.x.xiv. 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 h.o.r.eb. 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 pa.s.sage 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 x.x.xii.? He pa.s.ses over all that is there inserted from the Priestly Code. Noldeke finds, it is true, /1 /

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

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 x.x.xii. x.x.xiii.), and is quite inconsistent with that, of the Priestly Code (Exodus xxv.

seq.). It is only inst.i.tuted 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 x.x.xiii., 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 x.x.xiii. 7, without any foregoing account of its erection. The inst.i.tution of the ark as well as the erection of the tabernacle must have been narrated between x.x.xiii. 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/

2. Without the ark there is no use of the tabernacle, and the distinction in Exodus x.x.xiii. 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.

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 a.s.sumption 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 circ.u.mstances, 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 a.n.a.logy 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 x.x.xii. Here we are still in h.o.r.eb, 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 h.o.r.eb 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 a.s.signs it to the tribes of Reuben and Gad and the half-tribe of Mana.s.seh, on condition that their army is to yield a.s.sistance 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

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, Ma.s.sah, 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 h.o.r.eb, but this pa.s.sage shows acquaintance with Numbers xi. and uses both versions for a new and somewhat different one.

well as a thread to understand JE. What, on the contrary, is peculiar to the Priestly Code is pa.s.sed over in deep silence, and from Exodus x.x.xiv. 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 pa.s.sage is by no means sufficient to break down the evidence that the priestly legislation has the legislation of Deuteronomy for its starting-point. /1/

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 x.x.xi. 18, x.x.xvii. 2, xli. 26, l. 26; Deuteronomy x.x.xiv.

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.

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 x.x.xii. 48 seq., x.x.xiv. 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 x.x.xiv. 1b-7 contains nothing of Q and x.x.xii. 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 circ.u.mstance 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 a.s.signed 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, . 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/

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

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/

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

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/

3. Aug. Kayser, Das vorexilische Buch der Urgeschichtc Israels (Stra.s.sburg, 1874), p. 147, seq.; Joh. Hollenberg, der Charactcr der Alex. Uebersetzung des B. Josua (Programm des Gymn. zu Moers, 1876), p. 15.