"These last four books of Moses have been made quite unreadable by a most melancholy, most incomprehensible, revision. The course of the history is everywhere interrupted by the insertion of innumerable laws, with regard to the greater part of which it is impossible to see any reason for their being inserted where they are." The dislocation of the narrative by these monstrous growths of legislative matter is not, as Goethe thinks, to be imputed to the editor; it is the work of the unedited Priestly Code itself, and is certainly intolerable; nor can it be original; the literary form of the work at once shows this. It is still possible to trace how the legal matter forces its way into the narrative, and once there spreads itself and takes up more and more room. In the Jehovist, one form of the tradition may still be discerned, according to which the Israelites on crossing the Red Sea at once proceeded towards Kadesh, without making the detour to Sinai. We only get to Sinai in Exodus xix., but in Exodus xvii. we are already at Massah and Meribah, ie., on the ground of Kadesh. That is the scene of the story of Moses striking water out of the rock with his staff: there the fight with the Amalekites took place—they lived there and not at Sinai—there also the visit of Jethro, which requires a locality at some distance from his home (at Sinai), a place where the people had not merely a temporary encampment, but their permanent seat of justice. /1/

******************************************* 1. Kadesh is also called Meribah, the seat of justice, or Meribath Kadesh, the seat of justice at the holy spring. Meribah is in its meaning the same as Midian. *********************************************

Hence the narratives which are told before the arrival at Sinai are repeated after the departure from it, because the locality is the same before and after, namely, the wilderness of Kadesh, the true scene of the Mosaic history. The institution of judges and elders concludes the narrative before the great Sinai section, and begins the narrative after it (Ex. xviii., Numbers xi ). The story of the manna and the quails occurs not only in Exodus xvi., but also in Numbers xi; and the rocky spring called forth by Moses at Massah and Meribah is both in Exodus xvii. and Numbers xx. In other words, the Israelites arrived at Kadesh, the original object of their wanderings, not after the digression to Sinai but immediately after the Exodus, and they spent there the forty years of their residence in the wilderness. Kadesh is also the original scene of the legislation. "There He made them statute and judgment, and there He proved them," we read in a poetical fragment, before the Sinai section (Exodus xv. 25), which is now placed in the narrative of the healing of the waters at Marah, but stands there quite isolated and without bearing on its context. The curious conjunction of judgment and trial points unmistakably to Massah and Meribah (ie., judgment and trial-place), that is, to Kadesh, as the place spoken of. But the legislation at the seat of judgment at Kadesh is not represented as a single act in which Moses promulgates to the Israelites once for all a complete and comprehensive body of laws; it goes on for forty years, and consists in the dispensation of justice at the sanctuary, which he begins and the priests and judges carry on after him according to the pattern he set. This is the idea in the extremely instructive narrative in Exodus xviii., of which Kadesh is the scene. And in this way the Torah has its place in the historical narrative, not in virtue of its matter as the contents of a code, but from its form as constituting the professional activity of Moses. It is in the history not as a result, as the sum of the laws and usages binding on Israel, but as a process; it is shown how it originated, how the foundation was laid for the living institution of that Torah which still exists and is in force in Israel.

The true and original significance of Sinai is quite independent of the legislation. It was the seat of the Deity, the sacred mountain, doubtless not only for the Israelites, but generally for all the Hebrew and Cainite (Kenite) tribes of the surrounding region. The priesthood of Moses and his successors was derived from the priesthood there: there Jehovah appeared to him in the burning bush when he was keeping the sheep of the priest of Midian, from there He sent him to Egypt. There, to the Israelites, Jehovah still dwelt long after they had settled in Palestine; in the song of Deborah He is summoned to come from Sinai to succour His oppressed people and to place Himself at the head of His warriors. According to the view of the poet of Deuteronomy xxxiii. the Israelites did not go to Jehovah to Sinai, but the converse; He came to them from Sinai to Kadesh: "Jehovah came from Sinai and shone from Seir unto them; He lightened from Mount Paran and came to Meribath Kadesh." /1/

************************************** 1. We do not know where Sinai was situated, and the Bible is scarcely at one on the subject. Only dilettanti care much for controversy on the matter. The Midian of Exodus ii. tells us most: it is probably Madian on the Arabic shore of the Ked sea. In our passage Sinai seems to be S.E. of Edom; the way from Sinai to Kadesh is by Seir and Paran. ******************************************

But it is not difficult to see how it came to be thought more seemly that the Israelites should undertake the journey to Jehovah. This was at first put in the form that they appeared there before the face of Jehovah to worship Him and offer Him a sacrifice (Exodus iii. 12), and at their departure they received the ark instead of Jehovah Himself, who continued to dwell on Sinai (Exodus xxxiii.); for the ark represents Jehovah, that constitutes its significance, and not the tables of the law, which were not in it at first. It was a further step to make Sinai the scene of the solemn inauguration of the historical relation between Jehovah and Israel. This was done under the poetic impulse to represent the constituting of the people of Jehovah as a dramatic act on an exalted stage. What in the older tradition was a process which went on quietly and slowly, occupied completely the whole period of Moses, and was at the beginning just such as it still continued to be, was now, for the sake of solemnity and vividness, compressed into a striking scene of inauguration. If this were done, the covenant between Jehovah and Israel must receive a positive (as well as a negative) character, that is to say, Jehovah Himself must announce to the people the basis and the conditions of it. Thus the necessity arose to communicate in this place the contents of the fundamental laws, and so the matter of the legislation made its way into the historical narrative. But that it did not belong originally to this place we see from the confusion which obtains even in the Jehovistic Sinai section (Exodus xix.-xxiv., xxxii.-xxxiv.). The small bodies of laws which are here communicated may in themselves be old enough, but they are forced into the narrative. It is only of what is relatively the most recent corpus, the Decalogue (in E), that this cannot be asserted.

As the Jehovistic work was originally a pure history-book, so Deuteronomy, when it was first discovered, was a pure law-book. /1/

**************************************************** 1. Chapters xii.-xxvii. The two historical introductions, chapter i.-iv. and chapter v.-xi. were added later, as well as the appendices, chapter xxviii. seq. ****************************************************

These two works, the historical and legal, were at first quite independent of each other; only afterwards were they conjoined, perhaps that the new law might share in the popularity of the old people's book, and at the same time infuse into it its own spirit. It made it the easier to do this, that, as we have just seen, a piece of law had already been taken up into the Jehovistic history-book. To the Decalogue, at the beginning of the period of the forty years, was now added Deuteronomy at the close of that period. The situation—of which the law itself knows nothing—is very well chosen, not only because Moses is entitled when making his testament to anticipate the future and make a law for the time to come, but also because, the law being placed at the close of his life, the thread of the narrative is not further interrupted, the law being simply inserted between the Pentateuch and the Book of Joshua. This combination of Deuteronomy with the Jehovist was the beginning of the combination of narrative and law; and the fact that this precedent was before the author of the Priestly Code explains how, though his concern was with the Torah alone, he yet went to work from the very outset and comprised in his work the history of the creation, as if it also belonged to the Torah. This manner of setting forth the Torah in the form of a history book is not in the least involved in the nature of the case; on the contrary, it introduces the greatest amount of awkwardness. How it came about can only be explained in the way above described; an antecedent process of the same nature in literary history led the way and made the suggestion. /2/

******************************************* 2. That the author of the Priestly Code had before him the combination of the Sinai legislation of the Jehovist and Deuteronomy is shown further by the circumstance that he has both a legislation at Mount Sinai and a legislation in the Arboth Moah, and in addition to these one in the wilderness of Sinai. ********************************************

As from the literary point of view, so also from the historical, the Moses of the Jehovist appears more original than the Moses of the Priestly Code. To prove this is, it is true, the aim of the entire present work: yet it will not on that account be thought out of place if we take advantage of this convenient opportunity for a brief sketch and criticism of the conflicting historical views of Moses and his work in the two main sources of the Pentateuch. According to the Priestly Code Moses is a religious founder and legislator, as we are accustomed to think of him. He receives and promulgates the Torah, /1/ perhaps not as a book—though, when we

************************************** 1. The law might accordingly be called Moses, as with the Ethiopians the Psalter is called David, **************************************

come to think of it, we can hardly represent the transaction to ourselves in any other way—but certainly fixed and finished as an elaborate and minutely organised system, which comprises the sacred constitution of the congregation for all time to come. The whole significance of Moses consists in the office of messenger which he holds as mediator of the law; what else he does is of no importance. That the law is given once for all is the great event of the time, not that the people of Israel begins to appear on the stage of the world. The people is there for the sake of the law, not the law for the sake of the people. With the Jehovist, on the contrary, Moses' work consists in this, that he delivers his people from the Egyptians and cares for it in every way in the wilderness. In the prelude scene from his youth, when he smites the Egyptian and seeks to adjust the dispute of his brethren (Exodus ii. 11 seq.), his whole history is prefigured. His care for the Israelites embraces both catering for their sustenance, and making and preserving peace and order among them (Numbers xi.). The Torah is but a part of his activity, and proceeds from his more general office as the guardian of the young people, who has, as it were, to teach the fledgling to fly (Numbers xi. xii.). According to Exodus xviii. his Torah is nothing but a giving of counsel, a finding the way out of complications and difficulties which had actually arisen. Individuals bring their different cases before him; he pronounces judgment or gives advice, and in so doing teaches the people the way they should go. Thus he is the beginner of the teaching of Jehovah which lives on after him in priest and prophet. Here all is life and movement: as Jehovah Himself, so the man of God, is working in a medium which is alive; is working practically, by no means theoretically, in history, not in literature. His work and activity may be told in a narrative, but the contents of it are more than a system, and are not to be reduced to a compendium; it is not done and finished off, it is the beginning of a series of infinite activities. In the Priestly Code the work of Moses lies before us clearly defined and rounded off; one living a thousand years after knows it as well as one who saw it with his eyes. It is detached from its originator and from his age: lifeless itself, it has driven the life out of Moses and out of the people, nay, out of the very Deity. This precipitate of history, appearing as law at the beginning of the history, stifles and kills the history itself. Which of the two views is the more historical, we can accordingly be at no loss to decide. It may be added that in the older Hebrew literature the founding of the nation and not the giving of the law is regarded as the theocratic creative act of Jehovah. The very notion of the law is absent: only covenants are spoken of, in which the representatives of the people undertake solemn obligations to do or leave undone something which is described in general terms.

Another point of difference must be mentioned here, though indeed it is a matter which has been before us more than once already. That which is in the Priestly Code the subject-matter of the Torah of Moses, namely, the institution of the cultus, the Jehovist traces to the practice of the patriarchs—one more result of the difference between law and legend. The Moses of the Priestly Code conflicts not only with the future, but with the past; he comes into collision with history on every side. That view is manifestly the only natural one according to which the worship is not specifically Israelite, not a thing instituted by Moses in obedience to a sudden command of the Deity, but an ancestral tradition. But at the time when the Priestly Code was drawn up the worship was certainly the one thing that made Israel Israel. In it the church, the one congregation of worship, takes the place of the people even in the Mosaic age—sorely against history, but characteristically for the author's point of view.

Now even such authorities as Bleek, Hupfeld, and Knobel have been misled by the appearance of historical reality which the Priestly Code creates by its learned art here as well as in the history of the patriarchs. They have regarded the multiplicity of numbers and names, the minute technical descriptions, the strict keeping up of the scenery of camp-life, as so many signs of authentic objectivity. Noldeke made an end of this critical position once for all, but Colenso is properly entitled to the credit of having first torn the web asunder. /1/

***************************************** 1. See Kuenen in the Theol. Tijdschrift, 1870, p. 393-401. ******************************************

The boldness with which numbers and names are stated, and the preciseness of the details about indifferent matters of furniture, do not prove them to be reliable: they are not drawn from contemporary records, but are the fruit solely of late Jewish fancy, a fancy which, it is well known, does not design nor sketch, but counts and constructs, and produces nothing more than barren plans. Without repeating the description of the tabernacle in Exodus xxv. word for word, it is difficult to give an idea how circumstantial it is; we must go to the source to satisfy ourselves what the narrator can do in this line. One would imagine that he was giving specifications to measurers for estimates, or that he was writing for carpet-makers and upholsterers; but they could not proceed upon his information, for the incredibly matter- of-fact statements are fancy all the same, as was shown in chapter i. The description of the tabernacle is supplemented in the Book of Numbers by that of the camp; the former being the centre, this is the circle drawn about it, and consists of an outer ring, the twelve secular tribes, a middle ring, the Levites, and an innermost one, the sons of Aaron: a mathematical demonstration of the theocracy in the wilderness. The two first chapters contain the census of the twelve tribes, and their allocation in four quarters, nothing but names and numbers. To this first census chapter xxxiv. adds another at the close of the forty years, in which the various detailed figures are different, but the total is about the same. This total, 600,000 warriors, comes from the older tradition, but is proved to be quite worthless by the fact that in a really authentic document the levy of Israel in the time of Deborah is stated to be 40,000 strong. Still, the Priestly Code is entitled to the credit of having made the total a little less round, and of having broken it up into artificial component parts. The muster of the people is followed in Numbers iii. iv. by the dedication of the tribe of Levi to the sanctuary, in compensation for the firstborn males of the Israelites who up to that time had not been sacrificed nor yet redeemed. There are 22,273 firstborn males to be provided for, and there are 22,000 male Levites above a month old. The 273 extra firstborn males are specially redeemed at five shekels a head. What accuracy! But what of the fact that a people of at least two millions has only 22,273 firstborn males, or say 50,000 firstborn of both sexes? This gives an average of forty children to every woman, for the firstborn in the sense of the law is that which first opens the womb. The continuation of Numbers iii. iv. is in chapter viii. As the Levites are an offering of firstlings to the sanctuary on the part of the people, which, however, is not to be sacrificed but made over to the priests, the characteristic rite of this sort of sacred due has to be gone through with them, namely, an act imitating that of throwing into the flame of the altar (Aristeas 31,1. 5). To think of Moses and Aaron heaving the 22,000 men! Not less striking as an example of this kind of fiction is the story of Numbers xxxi. Twelve thousand Israelites, a thousand from each tribe, take the field against Midian, extirpate without any fighting—at least nothing is anywhere said of this important point—the whole people, slay all the men and a part of the women, take captive the unmarried girls, and suffer themselves no loss whatever. The latter point is asserted very definitely. "The captains of thousands and the captains of hundreds came to Moses, and said to him, Thy servants have taken the sum of the men of war which are under our charge, and there lacketh not one of us." Of the immeasurable booty of men and cattle Jehovah assigns half to those who took the field and took part in the battle, the other half to the congregation; and the former are to give the 500th part to the priests, the latter the 50th part to the Levites. The execution of this order is especially reported as follows: "The booty which the men of war had taken was 675,000 sheep, 72,000 beeves, 61,000 asses, and 32,000 women that had not lain by man. And the half which was the portion of them that went out to war was 337,500 sheep, and Jehovah's tribute of the sheep was 675; 36,000 beeves, tribute to Jehovah 72; 30,500 asses, tribute to Jehovah 61; 16,000 persons, tribute to Jehovah 32. And Moses gave the tribute to Jehovah to Eleazar the priest. But the other half, which Moses divided to the children of Israel, the half due to the congregation, was 337,500 sheep, 36,000 beeves, 30,500 asses, 16,000 persons, and of the children of Israel's half Moses took one of fifty and gave them to the Levites." The calculation of the contribution to Jehovah was quite easy for Moses, as the 500th part of the half is equivalent to the 1000th part of the whole; he had only to leave off the thousands from the first totals. In conclusion, the captains brought offerings to Jehovah of golden dishes, chains, bracelets, rings, and earrings, altogether 16,750 shekels weight, as atonement for their souls "But that was only the gold which the captains had taken as booty, for the men of war had taken spoil, every man for himself." We may perhaps be allowed to speculate as to the relation between these 16,750 shekels which in this passage the captains alone offer to the tabernacle OF THE GOLD ORNAMENTS OF THE MIDIANITES, and the 1700 shekels which in Judges viii. the whole people dedicate OF THE GOLD ORNAMENTS OF THE MIDIANITES to set up an image in Ophra.

It is less easy to account on the theory of pure fiction for the numerous names sometimes arranged together like a catalogue than for reported circumstances and numbers. There can certainly be no doubt that the forty places which are mentioned in the list of encampments in the wanderings, really existed in the region the Israelites are reported to have traversed. But he who is satisfied with this as evidence that we have before us here a historical document of primitive antiquity, will never be disturbed by criticism. Was it such a difficult matter to find out forty definite stations in the wilderness for the forty years of the wanderings? Even if the elements of the composition are not fictitious, that is far from proving the composition itself to be authentic. And in the case of lists of the names of persons, the elements are often of an extremely doubtful nature; and here it is well to keep in view the principle of Vatke (op. cit. p. 675) that no confidence is to be placed in subjects devoid of predicates, and that persons are not to be taken for real who have nothing to do. The dozens of names in Numbers i. vii. x. are almost all made to the same pattern, and have no similarity whatever to the names genuinely old. The fact that the name of Jehovah does not enter into their composition only shows that the composer was not forgetful of his religio-historical theory.

By its taste for barren names and numbers and technical descriptions, the Priestly Code comes to stand on the same line with the Chronicles and the other literature of Judaism which labours at an artificial revival of the old tradition [VI.I.2 VI.III.2., VI.III.3. ad fin.]. Of a piece with this tendency is an indescribable pedantry, belonging to the very being of the author of the Priestly Code. He has a very passion for classifying and drawing plans; if he has once dissected a genus into different species, we get all the species named to us one by one every time he has occasion to mention the genus. The subsuming use of the prepositions Lamed and Beth is characteristic of him. He selects a long-drawn expression wherever he can; he does not weary of repeating for the hundredth time what is a matter of course (Numbers viii.), he hates pronouns and all abbreviating substitutes. What is interesting is passed over, what is of no importance is described with minuteness, his exhaustive clearness is such as with its numerous details to confuse our apprehension of what is in itself perfectly clear. This is what used to be described in the phraseology of historical criticism as epic breadth. /1/

************************************** 1. Riehm, p. 292. "The style is quiet, simple, free from all rhetorical and poetical ornament, and the expression in speaking of similar objects has an epic uniformity. Impressive as many pieces are, just from their unassuming simplicity and objectivity, there is nowhere any apparent effort to produce effect or to raise the interest of the reader by the resources of literary art." For an opposite opinion compare Lichtenberg, Werke, ii. 162. ***************************************

VIII.III.2. Having thus attempted to describe the general contrast of the Priestly Code and the Jehovist in the Mosaic period, it remains for us to compare the several stories in the two works. The Exodus from Egypt is everywhere regarded as the commencement of Israelite history. In the Priestly Code it is made the epoch of an era (Exodus xii. 2), which is afterwards dated from, not only in years but even in months and days. It is unquestionable that this precise style of dating only came into use among the Hebrews at a very late period. *We find in the historical books only one statement of the month in which an event took place (1Kings vi. 38), and in that case the day is not given. To the prophetic writers dates were of some importance, and the growth of the practice may to some extent be traced with them. Amos first came forward "two years before the earthquake." /2/

***************************************** 2. Agh. xv. 11, 17: when al-Walid b. al-Mughira was dead, the Arabs dated after his death to the year of the elephant, which thereafter was made an epoch. According to others they reckoned nine years after the death of Hisham b. al-Mughira, to the time when they built the Caaba, and then they dated from the building of the Caaba. Comp. the 'Am al Ramada and the 'Am al Ru'af. ******************************************

The most precise date in Isaiah is "the year in which king Uzziah died." Numbers of years are first found in Jeremiah, "the thirteenth year of king Josiah," and a few more instances. All at once there was a change: Haggai and Zechariah, prophets who grew up in the Babylonian exile, always give dates, not only the year and month, but the day of the month as well. In the Priestly Code this precise reckoning, which the Jews obviously learned from the Chaldeans, is in use from the age of Moses onwards.

In the Jehovist the ostensible occasion of the Exodus is a festival which the children of Israel desire to hold in honour of their God in the wilderness. In the Priestly Code this occasion disappears; there can be no pre-Mosaic festivals. But with this the reason falls away for which Jehovah kills the firstborn of the Egyptians, He does it because the king of Egypt is keeping from Him the firstborn of the Israelites, which ought to be offered to Him at the festival; for the celebration in question is the sacrificial festival of the first-fruits of cattle in spring. In the older tradition the festival is the first thing; it explains the circumstances of the Exodus and the time of year at which it took place: in the later one the relation is reversed—the killing of the firstborn of the Egyptians leads to the sacrifice of the firstborn of Israel, the Exodus in spring is followed by the festival in spring as its consequence. The Priestly Code follows this younger tradition, and deviates from the original account still more widely in the view it gives of the passover. It obliterates completely the connection between the passover and the sacrifice of the firstborn, and represents it not as a giving of thanks to Jehovah for having slain the firstborn of Egypt, but as instituted at the moment of the Exodus to induce Jehovah to spare the firstborn of Israel. How all this is to be understood and judged of we have discussed more at large in the chapter on the festivals (III.I.1., III.III.1.).

As to the accounts given in the two sources of the crossing of the Red Sea, all we can say is that that of the Jehovist (J) is the more complicated. According to him the sea is dried up by a strong wind, and the Egyptians succeed at first in crossing it, and encounter the Hebrews on the eastern shore during he night. "But in the morning watch Jehovah turned, in the pillar of fire and of the cloud, against the host of the Egyptian, and overthrew the host of the Egyptian, and hindered the wheels of his chariot and caused him to drive heavily. Then the Egyptian said: I will flee before Israel, for Jehovah fighteth for them against Egypt. But the sea turned back towards morning to its ordinary level, and the Egyptians fled against it, and Jehovah shook them into the midst of the sea" (Exodus xiv. 24, 25, 27). According to the Priestly Code /1/ the waves meet over the pursuers,

************************************** 1. And the younger tradition generally: also according to the song Exodus xv., which apart from the beginning, which is old, is a psalm in the manner of the Psalms and has no similarity with the historical songs, Judges v., 2Samuel i., Numbers xxi. *************************************

before they reach the further shore; the idea is much simpler, but poorer in incidental features.

The miracle of the manna (Exodus xvi.) is taken advantage of in the Priestly Code as a very suitable occasion for urging on the people a strict sanctification of the Sabbath: none falls on the seventh day, but what is gathered on the sixth keeps two days, while at other times it requires to be eaten quite fresh. This pursuit of a legal object destroys the story and obscures its original meaning, as no one can help seeing. Nor is it any sign of originality, rather of senility, that in the Priestly Code the manna is not eaten raw, but boiled and baked.

At Mount Sinai Moses receives, according to the Priestly Code, the revelation of—the model of the tabernacle, and he follows the pattern thus presented to him in the construction, down below, of the real tabernacle. All further revelation takes place, even in Moses' time, as far as possible in the tabernacle (Exodus xxv. 22). Even Sinai must not stand any longer than necessary by the side of the one legitimate seat of Deity. /1/

****************************************** 1. Compare, however, Jahrbb.fur Deutsche Theologie, 1877, p. 453, note 1. *******************************************

The tables of the law, it appears, are silently presupposed without being mentioned beforehand, it being of course assumed that the readers would know all about them from the old tradition. The outside of the ark, however, is furnished in the most extravagant style, and with a splendour which other descriptions of the chest of acacia-wood are far from suggesting. The ark in the Priestly Code differs indeed in every way from the appearance of it in 1Kings vii. 23 seq. We are reminded of the Haggada by the covering which Moses has to put before his face, which is shining with the reflection of the glory of Jehovah (Exodus xxxiv. 29-35), and by the making of the brazen laver of the looking-glasses of the women who serve the temple (Exodus xxxviii. 8, cf. Numbers xvii. 1, 9); these traits do not, it is true, belong to the original contents of the Priestly Code, but they belong to its circle.

From Sinai the old tradition takes us by this and that station, mentioned by name, without delay to Kadesh. Here the chief part of the forty years' sojourn in the wilderness is spent; this, as we said before, is the true scene of all the stories that are told about Moses. The Priestly Code takes us in this period, as in the legend of the patriarchs, not to definite places, but up and down in the wilderness of Sinai, in the wilderness of Paran, in the wilderness of Sin. Kadesh is with evident intention thrust as far as possible into the background—no doubt on account of the high sanctity the place originally had as the encampment for many years of the Israelites under Moses.

The spies are sent out according to the Jehovist from Kadesh, according to the Priestly Code from the wilderness of Paran. In the former authority they penetrate to Hebron, whence they bring back with them fine grapes, but they find that the land where these grow is not to be conquered. In the latter they proceed without any difficulty throughout the whole of Palestine to Lebanon, but have nothing to bring back with them, and advise against attacking the land because they have not found it particularly desirable, as if its advantages had been accessible to faith alone and not to be discovered by unbelieving eyes, as was actually the case in the time of Haggai and Zechariah, and at the time of Ezra and Nehemiah. To the genuine Israelite of old, however, the goodness of his beloved land was not a mere point of faith which he could ever have doubted. In the former source, as we judge from Deuteronomy i. 23, only the number of the spies was given; in the latter all the twelve are named. In the former Caleb is the only good spy, in the latter Caleb and Joshua. At first probably neither the one nor the other belonged to this story; but Caleb easily came to be named as an exception, because he actually conquered the district from Kadesh to Hebron, which the spies had declared it impossible to take, and which the Israelites, alarmed by their account, had not ventured to attack. Joshua, again, was added from the consideration that, according to the principle enunciated by the Jehovist in Numbers xiv. 23, 24, he must have shared the merit of Caleb, because he partook of the same exceptional reward with him.

In the Jehovist Moses alone instructs the spies and receives their report on their return; in the Priestly Code Moses and Aaron do so. In the oldest source of the Jehovist (J) Aaron has not yet made his appearance; in the Priestly Code Moses must not do any public act without him. /1/

******************************************* 1. In the same way, in the former source Joshua always acts alone; in the latter, he always has the priest Eleazar at his side. Compare notes [in IV.III.2.] *******************************************

Moses is still the moving spirit here as well as there, but Aaron is the representative of the theocracy, and pains are taken to secure that he shall never be absent where the representatives of the theocracy are brought face to face with the community. The desire to introduce the leader of the hierocracy, and with its leader the hierocracy itself, into the Mosaic history, has borne the most remarkable fruits in the so-called story of the rebellion of the company of Korah. According to the Jehovistic tradition the rebellion proceeds from the Reubenites, Dathan, and Abiram, prominent members of the firstborn tribe of Israel, and is directed against MOSES AS LEADER AND JUDGE OF THE PEOPLE. According to the version of the main-stock of the Priestly Code (Q), the author of the agitation is Korah, a prince of the tribe of Judah, and he rebels not only against Moses, but against MOSES AND AARON AS REPRESENTING THE PRIESTHOOD. In a later addition, which, to judge from its style, belongs likewise to the Priestly Code, but not to its original contents, the Levite Korah appears at the head of a revolt of the Levites against AARON AS HIGH PRIEST, and demands the equalisation of the lower with the higher clergy. Starting from the Jehovistic version, the historical basis of which is dimly discerned to be the fall of Reuben from its old place at the head of the brother-tribes, we have no difficulty in seeing how the second version arose out of it. The people of the congregation, i.e., of the church, having once come on the scene, the spiritual heads, Moses and Aaron, take the place of the popular leader Moses, and the jealousy of the secular grandees is now directed against the class of hereditary priests, instead of against the extraordinary influence on the community of a heaven-sent hero. All these changes are the natural outcome of the importation of the hierocracy into Mosaic times. From the second version we can go further and understand the origin of the third. In the earlier version the princes of the tribe of Reuben were forced to give way to a prince of the tribe of Judah. In the progress of time Korah the prince of the tribe of Judah is replaced by the eponymous head of a post-exilic Levitical family, of the same name. The contest between clergy and aristocracy is here transformed into a domestic strife between the higher and the inferior clergy, which was no doubt raging in the time of the narrator. Thus the three versions are developed, the origin and collocation of which appears from every other point of view to be an insoluble enigma. The one arises out of the other in the direct line of descent: the metamorphoses took place under the influence of great historical changes which are well known to us; and in the light of Jewish history from Josiah downwards they are by no means unintelligible. /1/

******************************************** 1 The details of the demonstration will be found in the Jahrbb. fuer Deutsche Theologie, 1776, p. 572 seq., 1877, p. 454, note, and in the Leyden Theol. Tijdschrift, 1878, p. 139 seq. ********************************************

We come to the migration of the Israelites to the land east of the Jordan. According to the Jehovist the neighbouring tribes place obstacles in their way, and the land in which they desire to settle has to be conquered with the sword. The Priestly Code tells us as little of all this as in an earlier instance of the war with Amalek; from all it says we should imagine that the Israelites went straight to their mark and met with no difficulty in the region in question; the land is ownerless, and the possession of it is granted by Moses and Eleazar to the two tribes Reuben and Gad (Numbers xxxii.). But that war may not be completely wanting under Moses, we have afterwards the war with the Midianites, on which we have already commented (Numbers xxxi.). There is not much story about it, only numbers and directions; and in verse 27 there is a suspicion of 1Samuel xxx. 24, as if that passage were the groundwork of the whole. The passage is extremely interesting as showing us the views taken of war by the Jews of the later time who had grown quite unaccustomed to it. The occasion of the war also is noticeable; it is undertaken not for the acquisition of territory, nor with any other practical object, but only to take vengeance on the Midianites for having seduced some of the Israelites to uncleanness.

The elders of Midian, so the story goes, went to the soothsayer Balaam to ask his advice as to what should be done against the Israelite invaders. He suggested a means by which the edge of the invasion might be broken; the Midianites should give their daughters to the Israelites for wives, and so deprive the holy people of their strength, the secret of which lay in their isolation from other peoples. The Midianites took Balaam's advice and succeeded in entangling many of the Israelites with the charms of their women; in consequence of which Jehovah visited the faithless people with a severe plague. The narrative of the Priestly Code up to this point has to be pieced together from Numbers xxxi. 8, 16 and Joshua xiii. 22, and from what is implied in the sequel of it; at this point the portion of it begins which is preserved to us (Numbers xxv. 6 seq.), and we are told how the plague was ultimately stayed. A certain man coolly brings a Midianitish woman into the camp before the very eyes of Moses and the weeping children of Israel: then the young hereditary priest Phinehas takes a spear, transfixes the godless pair, and by this zeal averts the anger of Jehovah. This narrative is based on the Jehovistic one, which is also preserved to us only in part (Numbers xxv. 1-5), about the backsliding of Israel in the camp of Shittim to the service of Baal-Peor, to which they were seduced by the daughters of Moab. In the Priestly Code the idolatry has quite disappeared, all but some unconscious reminiscences, and no sin is alleged but that of whoredom, which in the original story merely led up to the main offence. This is done manifestly with the idea that marriage with foreign women is in itself a falling away from Jehovah, a breach of the covenant. This change was extremely suitable to the circumstances of exilic and post-exilic Judaism, for in these later days there was no immediate danger of gross idolatry, but it took a good deal of trouble to prevent heathenism from making its way into the midst of the people under the friendly form of mixed marriages. The version of tbe Priestly Code, however, mixes up with the Baal-Peor story of the Jehovist the figure of Balaam, which is also borrowed from the Jehovist but entirely transformed in the process. In the form under which he appears in the early history he transgresses all the ideas of the Priestly Code. An Aramaean seer, who is hired for money and makes all sorts of heathen preparations to prophesy, but who yet is not an impostor, but a true prophet as much as any in Israel, who even stands in the most intimate relations with Jehovah, though cherishing the intention of cursing Jehovah's people—that is too much for exclusive Judaism. The correction is effected by the simple device of connecting Balaam with the following section, and making him the intellectual instigator of the devilry of the Midianitish women; and in this new form which he assumes in the Priestly Code he lives on in the Haggada. The reason for changing the Moabites into Midianites is not made clear; but the fact is undoubted that the Midianites never lived in that part of the world.

In the Book of Numbers the narrative sections, which are in the style and colour of the Priestly Code, have more and more the character of mere additions and editorial supplements to a connection which was already there and had a different origin. The independent main stock of the Priestly Code, the Book of the Four Covenants, or the Book of Origins (Q), more and more gives way to later additions, and ceases altogether, it appears, at the death of Moses. It is at least nowhere to be traced in the first half of the Book of Joshua, and so we cannot reckon as part of it those extensive sections of the second half, belonging to the Priestly Code, which treat of the division of the land. Without a preceding history of the conquest these sections are quite in the air; they cannot be taken as telling a continuous story of their own, but presuppose the Jehovistic-Deuteronomic work. In spite of distaste to war and to records of war (1Chronicles xxii. 8, xxviii. 3), an independent work like the Book of the Four Covenants could not possibly have passed over the wars of Joshua in silence.

A comparison of the different accounts of the entry of the Israelite tribes into the occupation of the conquered land may close this discussion. The Priestly Code, agreeing in this with the Deuteronomistic revision, represents the whole of Canaan as having been made a tabula rasa, and then, masterless and denuded of population, submitted to the lot. First the tribe of Judah receives its lot, then Manasseh and Ephraim, then the two tribes which attached themselves to Ephraim and Judah, Benjamin and Simeon, and lastly the five northern tribes, Zebulon, Issachar, Asher, Naphtali, Dan. "These are the inheritances which Eleazar the priest, and Joshua ben Nun, and the heads of the tribes of the children of Israel divided for an inheritance by lot in Shiloh before Jehovah at the door of the tabernacle."

According to the Jehovist, Judah and Joseph appear to have had their territory allocated to them at Gilgal (xiv. 6), and not by lot, and to have entered into occupation of it from there. A good while afterwards the land remaining over is divided by lot among the seven small tribes still unprovided for, from Shiloh, or perhaps originally from Shechem (xviii. 2-10). Joshua alone casts the lot and gives instructions; Eleazar the priest does not act with him. Even here the general principle of the Priestly Code, which knows no differences among the tribes, is somewhat limited; but it is much more decidedly contradicted by the important chapter, Judges i.

The chapter is, in fact, not a continuation of the Book of Joshua at all, but a parallel to it, which, while it presupposes the conquest of the east-Jordan lands, does not speak of the west-Jordan lands as conquered, but tells the story of the conquest, and that in a manner somewhat differing from the other source. From Gilgal, where the "Angel of Jehovah" first set up his tent, the tribes march out one by one to conquer their "lot" by fighting; first Judah, then Joseph. We hear only of these two, and with regard to Joseph we only hear of the very beginning of the conquest of his land. There is no mention of Joshua; nor would his figure as commander-general of Israel suit the view here given of the situation; though it would very well admit of him as leader of his tribe. The incompleteness of the conquest is acknowledged unreservedly; the Canaanites lived on quietly in the cities of the plain, and not till the period of the monarchy, when Israel had grown strong, were they subdued and made tributary. This chapter, as well as the main stem of the Book of Judges, corresponds to the Jehovistic stratum of the tradition, to which also passages in Joshua, of an identical or similar import, may be added without hesitation. The Angel of Jehovah is enough to tell us this. The difference which exists between it and the Jehovistic main version in the Book of Joshua is to be explained for the most part by the fact that the latter is of Ephraimite origin, and in consequence ascribes the conquest of the whole land to the hero of Ephraim or of Joseph, while Judges i. leans more to the tribe of Judah. Moreover, we find in the Book of Joshua itself the remnant of a version (ix. 4-7, 12-14) in which, just as in Judges i., the actors are the "men of Israel," who "ask counsel of the mouth of Jehovah," while elsewhere Joshua alone has anything to say, being the successor of Moses, and drawing his decisions from no source but the authority of his own spirit. And finally, we have to consider Exodus xxiii., 20 seq., where also there is a correspondence with Judges i., in the fact that not Joshua but the Angel of Jehovah (Judges v. 23) is the leader of Israel, and that the promised land is not conquered all at once but gradually, in the process of time.

Judges i. presents certain anachronisms, and is partly made up of anecdotes, but these should not prevent us from acknowledging that the general view given in this chapter of the process of the conquest, is, when judged by what we know of the subsequent period of Israel, incomparably more historical than that in the Book of Joshua, where the whole thing is done at once with systematic thoroughness, the whole land being first denuded of its inhabitants, and then divided by lot among the different tribes. The latter view may have come about partly from a literal interpretation of "lot" (Judges xviii. 1), an expression which properly applies to the farm of a family but is here used for the territory of a tribe. It was also favoured no doubt by the tendency to compress a long development into its first great act; and as this tendency is carried out with the greatest thoroughness in the Priestly Code, that document stands furthest from the origin of the tradition. /1/ The same conclusion is led up

****************************************** 1. In the Deuteronomistic revision (Joshua xxi, 43-45) there is still a trace of hesitation, a certain difficulty in parting with the old view altogether (Deuteronomy vii. 22; Judg. iii. 1, 2); and besides the motives for the change are much plainer here: the Canaanites are extirpated to guard against the infection of the new settlers with their idolatary. *****************************************

to by the circumstance that the tribe of Joseph is never mentioned, one of the two tribes, Ephraim and Manasseh, being always spoken of instead, and that these two tribes are almost put out of sight by Judah. And yet Joshua, the leader of Ephraim, is leader here also of all Israel, having been preserved from the old original tradition, which was Ephraimitic.

It involves no contradiction that, in comparing the versions of the tradition, we should decline the historical standard in the case of the legend of the origins of mankind and of the legend of the patriarchs, while we employ it to a certain extent for the epic period of Moses and Joshua. The epic tradition certainly contains elements which cannot be explained on any other hypothesis than that there are historical facts underlying them; its source is in the period it deals with, while the patriarchal legend has no connection whatever with the times of the patriarchs. /1/ This justifies the difference of treatment.

********************************************* 1. Some isolated statements there are here also to which the historical standard may be applied. We may call it a more accurate representation that Hebron was inhabited in the time of Abraham by the, Canaanites and Perizzites, than that the Hittites dwelt there at that time. The latter, according to 2Samuel xxiv. 6 (Bleek, Einleitung, 4th edition, pp. 228, 597), dwelt in Coele-Syria, and according to 2Kings vii. 6, in the neihbourhood of the Aramaeans of Damascus. The statement that the Israelites received from Pharaoh because they were shepherds the pasture-land of Goshen on the north-east frontier of Egypt and there dwelt by themselves, is to be preferred to the statement that they were settled among the Egyptians in the best part of the land, **********************************************

Our last result is still the same: whether tried by the standard of poetry or by that of history, the Priestly Code stands both in value and in time far below the Jehovist.

VIII.III.3. In rough strokes I have sought to place before the reader's view the contrast between the beginning and the end of the tradition of the Hexateuch. It would not be impossible to trace the inner development of the tradition in the intermediate stages between the two extremities. To do this we should have to make use of the more delicate results of the process of source-sifting, and to call to our aid the hints, not numerous indeed, but important, which are to be found in Deuteronomy and in the historical and prophetical books, especially Hosea. It would appear that legend from its very nature causes those who deal with it to strike out variations, that it cannot be represented objectively at all. Even at the first act of reducing it to writing the discolouring influences are at work, without any violence being done to the meaning which dwells in the matter. We can trace first of all the influence on the tradition of that specific prophetism which we are able to follow from Amos onwards. This is least traceable in the old main source of the Jehovist, in J; and yet it is remarkable that the Asheras never occur in the worship of the patriarchs. The second Jehovistic source, E, breathes the air of the prophets much more markedly, and shows a more advanced and thorough-going religiosity. Significant in this view are the introduction of Abraham as a Nabi, Jacob's burying the teraphim, the view taken of the macceba at Shechem (Jos. xxiv. 27), and above all the story of the golden calf. The Deity appears less primitive than in J, and does not approach men in bodily form, but calls to them from heaven, or appears to them in dreams. The religious element has become more refined, but at the same time more energetic, and has laid hold even of elements heterogeneous to itself, producing on occasion such strange mixtures as that in Genesis xxxi. 10-13. Then the law comes in and leavens the Jehovistic narrative, first the Deuteronomic (in Genesis even, and then quite strongly in Exodus and Joshua), while last of all, in the Priestly Code, under the influence of the legislation of the post-exile restoration, there is brought about a complete metamorphosis of the old tradition. The law is the key to the understanding even of the narrative of the Priestly Code. All the distinctive peculiarities of the work are connected with the influence of the law: everywhere we hear the voice of theory, rule, judgment. What was said above of the cultus may be repeated word for word of the legend: in the early time it may be likened to the green tree which grows out of the ground as it will and can; at a later time it is dry wood that is cut and made to a pattern with compass and square. It is an extraordinary objection to this when it is said that the post-exile period had no genius for productions such as the tabernacle or the chronology. It certainly was not an original age, but the matter was all there in writing, and did not require to be invented. What great genius was needed to transform the temple into a portable tent? What sort of creative power is that which brings forth nothing but numbers and names? In connection with such an age there can be no question at least of youthful freshness. With infinitely greater justice may it be maintained that such theoretical modelling and adaptation of the legend as is practiced in the Priestly Code, could only gain an entrance when the legend had died away from the memory and the heart of the people, and was dead at the root.

The history of the pre-historic and the epic tradition thus passed through the same stages as that of the historic; and in this parallel the Priestly Code answers both as a whole, and in every detail, to the Chronicles. The connecting link between old and new, between Israel and Judaism, is everywhere Deuteronomy.

The Antar-romance says of itself, that it had attained an age of 670 years, 400 years of which it had spent in the age of ignorance (i.e. old Arabic heathenism), and the other 270 in Islam. The historical books of the Bible might say something similar, if they were personified, and their life considered to begin with the reduction to writing of the oldest kernel of the tradition and to close with the last great revision. The time of ignorance would extend to the appearance of "the book," which, it is true, did not in the Old Testament come down from heaven all at once like the Koran, but came into existence during a longer period, and passed through various phases.



C. ISRAEL AND JUDAISM.

"The Law came in between."—VATKE, p. 183.



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/

******************************************* 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. ******************************************

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/

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

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 worship. *****************************************

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 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/

******************************************** 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 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 /

********************************************* 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 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/

***************************************************** 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. *****************************************************

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

************************************** 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. ***************************************

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/

******************************************** 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. ***********************************************

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, . 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 (Strassburg, 1874), p. 147, seq.; Joh. Hollenberg, der Charactcr der Alex. Uebersetzung des B. Josua (Programm des Gymn. zu Moers, 1876), p. 15. **************************************************

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/

********************************************** 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). ***********************************************

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/

********************************************* 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 ***********************************************

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/

******************************************** 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. *********************************************

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/

****************************************** 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. ******************************************

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/