Chapter XVI: Religious Education--The Fundamental Problem of To-Day (3)

Marked peculiarities in vocabulary and literary style distinguish this northern history from the Judean. Since _Elohim_ or _God_ is consistently used to describe the Deity, it has sometimes been called the _Elohistic_ history. Interest inclines to the sanctuaries and heroes and events prominent in the life of the North. In that land which produced a Samuel, an Elijah, an Elisha, and an Hosea, it was natural that especial emphasis should be placed on the role of the prophet. Throughout these narratives he is portrayed as the dominant figure, moulding the history as God's representative. Abraham and Moses are here conceived of as prophets, and the Ephraimite history of their age is largely devoted to a portrayal of their prophetic activity.

[Sidenote: _Its scope_]

The interests of later editors who combined these early prophetic histories, as we now find them in the Old Testament, were centred in the Judean, and hence they have introduced citations from the Ephraimite narratives chiefly to supplement the older history. Possibly it never was as complete as that of the South. At present it begins with Abraham and traces the parallel history of the patriarchs and the life of the Hebrews in Egypt and the wilderness. Its account of the conquest, is somewhat fuller, probably because Joshua was a northern leader. It also preserves many of the stories of the heroes in the book of Judges. With these the citations from the early Ephraimite prophetic history seem to disappear, but the opening stories in the book of Samuel, regarding the great prophet whose name was given to the book, apparently come from the pen of later disciples of this same Ephraimite group of prophets.

[Sidenote: _Later editorial supplementing and combination of the two histories_]

The eighth and seventh centuries before Christ were periods of intense prophetic activity both in the North and the South. It was natural, therefore, that these early prophetic histories should be supplemented by the disciples of the original historians. Traditions that possessed a permanent historical or religious value, as, for example, the familiar story of Cain and Abel (Gen. iv. 2-16), and the earlier of the two accounts of the flood, were thus added. Also when in 722 B.C. the northern kingdom fell and its literary heritage passed to Judah, it was most natural that a prophetic editor, recognizing the valuable elements in each, and the difficulties presented by the existence of the two variant versions of the same events, should combine the two, and furthermore that, in the days of few manuscripts, the older originals should be lost and only the combined history survive. To-day we find this in turn incorporated in the still later composite history extending from Genesis through Samuel.

[Sidenote: _Method of combining_]

The later editor's method of uniting his sources is exceedingly interesting, and is analogous in many ways to the methods followed in the citations in Matthew and Luke from their common sources, the original Mark and Matthew's _Sayings of Jesus_. Where the two versions were closely parallel, as in the account of Jacob's deception of his father Isaac, or the story of the spies, the two are completely amalgamated; short passages, verses, and parts of verses are taken in turn from each. In other cases the editor introduced the different versions--as, for example, the two accounts of the flight of Hagar--into different settings. From subsequent allusions to two versions, of which only one survives in the Old Testament, it is to be inferred that sometimes he simply preserved the fuller, usually the Judean. As a rule, however, there is clear evidence that he made every effort to retain all that he found in his original sources, even though the resulting composite narrative contained many inconsistencies.

[Sidenote: _Practical value of the rediscovery of the original histories_]

To the careful student, seeking to recover the original narratives in their primal unity, these inconsistencies are guides as valuable as the fossils and stratification of the earth are to the geologist intent upon tracing the earth's past history. Guided by these variations and the distinctive peculiarities in vocabulary, literary style, point of view, religious conceptions, and purpose of each of the groups of narratives, Old Testament scholars have rediscovered these two original histories; and with their recovery the great majority of seeming inconsistencies and many perplexing problems fade into insignificance. Supplementing each other, as do the earliest Gospels, these two independent histories present with new definiteness and authority the essential facts in Israel's early political, social and religious life. Like eye-witnesses, they testify to the still more significant fact that from the first God was revealing his character and will through a unique race.

[Sidenote: _The brief late prophetic history_]

A third survey of the period beginning with the sojourn in Egypt and concluding with the conquest of the east-Jordan land is found in the introduction to the book of Deuteronomy. It is the prologue to the laws that follow, appropriately and effectively placed in the mouth of the pioneer prophet Moses. A comparison quickly demonstrates that it is in reality a brief summary of the older histories, and especially of the early Ephraimite prophetic. Like the Gospel of Matthew, its aim is not merely to present historical facts, but to illustrate and establish a thesis. The thesis is that Jehovah has personally led his people, and that when they have been faithful to him they have prospered, but when they have disobeyed calamity has overtaken, them. The message is distinctly prophetic; and to distinguish this third history, which was probably written near the close of the seventh century before Christ, from the earlier, it may be designated as the late prophetic or _Deuteronomic history_ (technically represented by D).

[Sidenote: _Comparison of the Old with the New Testament histories_]

These three prophetic histories correspond strikingly to the three synoptic Gospels: Mark, Luke and Matthew. The essential differences in their literary history are that they come, not from a single limited group of writers and a brief quarter century, but represent the work of many hands and at least two hundred and fifty years of literary activity. Two, at least, of these histories, are no longer extant in their original form, but only as they have been quoted verbatim by later historians and closely amalgamated. Similarly, as is well known, Tatian, the pupil of Justin Martyr, in the middle of the second Christian century, did for the four Gospels precisely what an Old Testament editor did for the two early prophetic histories,--he combined them into one composite, continuous narrative. By joining passages and verses and parts of verses taken from the different Gospels, by omitting verbal duplicates, by rearranging in some cases and by occasionally adding a word or phrase to join dissimilar parts, Tatian produced a marvellous mosaic gospel, known as the _Diatessaron_. All of the Fourth Gospel is thus preserved, and most of the first three. So successfully was the work done that the volume was widely used throughout the Eastern Church. If, as once seemed possible, it had completely supplanted the original four Gospels, the literary history of these would have been a repetition of that of the earliest Old Testament records.

[Sidenote: _The dominant motive of the prophetic historians_.]

It is very important to note that the motive which led the prophetic historians to commit to writing the earlier traditions of their race was not primarily historical. Like the author of the Fourth Gospel, they selected their material chiefly with a view to enforcing certain important religious truths. If an ancient Semitic tradition illustrated their point, they divested it of its heathen clothing and, irrespective of its origin, pressed it into service. For example, it seems clear that the elements which enter into the story of the Garden of Eden and man's fall were current, with variations, among the ancient Babylonians centuries before the Hebrews inherited them from their Semitic ancestors. The early prophet who wrote the second and third chapters of Genesis appreciated their value as illustrations, and made them the medium for imparting some of the most important spiritual truths ever conveyed to mankind. Like the preachers or moral teachers of to-day, the first question the prophets asked about a popular story was not, Is it absolutely historical or scientifically exact? but, Does it illustrate the vital point to be impressed? Undoubtedly Israel's heritage of oral traditions was far greater than is suggested by the narratives of the Old Testament; but only those which individually and collectively enforced some important religious truth, were utilized. Just as Jesus drew his illustrations from nature and human life about him, so these earlier spiritual teachers, with equal tact, took their illustrations from the familiar atmosphere of song and story and national tradition in which their readers lived. A secondary purpose, which they obviously had in view, was also to remove from certain of the popular tales the immoral implications which still clung to them from their heathen past, and to reconsecrate them to a diviner end.

[Sidenote: _The permanent and vital value of these narratives_]

Questions of relative date and historical accuracy concern the historian, but they should not obscure the greater value of these narratives. To the majority of us, who turn to the Old Testament simply as the record of divine revelation and as a guide to life, the essential thing is to put ourselves into touch with these ancient prophets, who taught by illustration as well as by direct address, and ask, What was the ethical or spiritual truth that illumined their souls and finds concrete expression and illustration through these primitive stories? To discuss the literal historicity of the story of the Garden of Eden is as absurd as to seek to discover who was the sower who went forth to sow or the Samaritan who went down to Jericho. Even, if no member of the despised Samaritan race ever followed in the footsteps of an hypocritical Levite along the rocky road to Jericho and succored a needy human being, the vital truth abides. Not until we cease to focus our gaze on the comparatively unimportant, can we discern the great spiritual messages of these early narratives.

[Sidenote: _The sequel to the early prophetic histories_]

The sequel to the great prophetic histories which underlie the Old Testament books, from Genesis through Samuel, is in the books of Kings. These carry the record of Israel's life down to the Babylonian exile. The opening chapters of First Kings contain the conclusion of the Judean prophetic David stories. Fortunately the rest of the biblical history to the exile was largely compiled from much earlier sources. As in most of the historical writings, the later editors, also, quoted _verbatim_ from these earlier records and histories, so that in many cases we have the testimony of almost contemporary witnesses. The titles of certain of these earlier books are given: _The Book of the Acts of Solomon_, _The Chronicles of the Kings of Israel_, and _The Chronicles of the Kings of Judah_.

[Sidenote: _Earlier sources quoted by the editor of Kings_]

A careful study of the books of Kings suggests many other ancient sources. For the reign of Solomon, state annals, temple records, and popular Solomon traditions appear to have been utilized. The graphic account of the division of the Hebrew empire was probably drawn from an early Jeroboam history. In the latter part of First Kings appear citations from an early Ahab history and a group of Ephraimite Elijah stories. The political data throughout First and Second Kings were probably drawn from the annals of the northern and southern kingdoms. Furthermore, in II Kings ii.-viii. appear long quotations from two cycles of Elisha stories, centring, respectively, about the ancient northern sanctuary of Gilgal, near Shiloh, and about Samaria. The rest of the book includes citations from sources which may be designated as a prophetic Jehu history, temple records, a Hezekiah history, and a group of Isaiah stories.

[Sidenote: _Influences that produced this later prophetic history_]

These valuable quotations the late prophetic editor of Kings has arranged in chronological order and fitted into a framework which gives the length of each reign and the date of accession of the different kings, according to the chronology of the other Hebrew kingdom. To this data he adds a personal judgment upon the policy of each ruler, thereby revealing his prophetic spirit. History is to him, as to every true prophet, a supreme illustration of fundamental spiritual principles. Clearly the influence that led him to compile and edit his great work was his recognition of the fact that the record of Israel's national experience as a whole was of deep religious import. The same motive undoubtedly guided him in the selection of material from his great variety of sources. Only that which was essential was presented. Thus he, or a later editor of his book, traced Israel's remarkable history down to the middle of the Babylonian exile (560 B.C.), and completed that wonderful chain of prophetic narratives which record and interpret the first great chapter of divine revelation through the chosen race.

VII

THE HISTORY OF THE PROPHETIC SERMONS, EPISTLES, AND APOCALYPSES

[Sidenote: _Real character and aims of the prophets_]

To understand and rightly interpret the prophetic writings of the Old Testament it is necessary to cast aside a false impression as to the character of the prophets which is widely prevalent. They were not foretellers, but forth-tellers. Instead of being vague dreamers, in imagination living far in the distant future, they were most emphatically men of their own times, enlightened and devoted patriots, social and ethical reformers, and spiritual teachers. Their characteristic note of conviction and authority was due to the fact that, on the one hand, they knew personally and distinctly the evils and needs of their nation, and that, on the other hand, their minds and hearts, ever open to receive the truth, were in vital touch with the Infinite. Thus, just as Aaron became Moses' prophet to the people, publicly proclaiming what the great leader imparted to him in private (Ex. vii. 1, 2), so the Hebrew prophets became Jehovah's heralds and ambassadors, announcing by word and life and act the divine will.

[Sidenote: _Influences that led the prophets to write down their sermons_]

While the historians were perfecting their histories certain prophets also were beginning to commit their sermons to writing. The oldest recorded address in the Old Testament is probably that of Amos at Bethel. His banishment from the northern kingdom under strict injunction not to prophesy there (Am. vii. 10-17) may well explain why he resorted to writing to give currency to his prophetic message, though, like Paul in later days, he undoubtedly regarded writing as an inferior substitute for the spoken word. Jeremiah appears to have preached twenty years before he dictated a line to his scribe Baruch, and then it was because he could not personally speak in the temple (xxxvi. 1-5). Sometimes complete sermons of the prophets are preserved, but more often we seem to have only extracts and epitomes. In some of the prophetic books, like that of Jeremiah, there are also popular reports of a prophetic address, and narrative sections, telling of the prophet's experience.

[Sidenote: _The editing of the earlier prophecies_]

Evidences of editing are very apparent in the earlier prophecies. Sudden interruptions, and verses or clauses, in which appear ideas and literary style very different from that of the immediate context, indicate that many of the prophecies have been supplemented by later notes, some explanatory and some hortatory. Other longer passages are intended to adjust the earlier teaching to later conditions and beliefs and so to adapt them to universal human needs that they are not limited to the hour and occasion of their first delivery. Some of these passages come from the hands of disciples of the prophets and often contain valuable additional data; others are from later prophetic editors and scribes. A detailed comparison, for example, of the Hebrew and Greek versions of Jeremiah quickly discloses wide variations of words, verses, and even long passages, added in one or the other text by later hands. All these additions testify to the deep interest felt by later generations in the earlier writings, even before they were assigned a final place in the canon. It is one of the important tasks of biblical scholars to distinguish the original from the additions and thus determine what were the teachings of each prophet and what are the contributions of later generations.

[Sidenote: _The background of Isaiah xl.-lv._]

Many of the later additions possess a value and authority entirely independent of that possessed by the prophet with whose writings they have been joined by their original authors or later editors. Thus the sublime chapters appended to the original sermons of Isaiah contain some of the noblest teachings in the Old Testament. The different themes and literary style; the frequent references to the Babylonians, not as distant allies, as in the days of Isaiah the son of Amoz, but as the hated oppressors of the Jews; the evidence that the prophet's readers are not exiles far from Judah; the many allusions to the conquests of Cyrus,--all these leave little doubt that chapters xl.-lv. were written in the latter part of the Babylonian or the first of the Persian period. Interpreted in the light of this background, their thought and teachings become clear and luminous. Similarly, the varied evidence within the chapters themselves seems to indicate that Isaiah lvi.-lxvi. contain sermons directed to the struggling Jewish community in Palestine during the days following the rebuilding of the temple in 520 B.C.

[Sidenote: _The order and date of the prophetic books_]

The prophetic sermons, epistles, and apocalypses fall naturally into five great groups. The books prophets of the Assyrian period were Amos and Hosea, who between 750 and 734 B.C. preached to Northern Israel; also Isaiah and Micah, whose work lies between 740 and 680 B.C. Nahum's little prophecy, although much later, echoes the death-knell of the great Assyrian kingdom, which for two or three centuries dominated southwestern Asia. The prophets of Judah's decline were Zephaniah (about 628 B.C.), Jeremiah (628-690), and Habakkuk (609-605). To the same period belong Ezekiel's earlier sermons, delivered between 592 and 586, just before the final destruction of Jerusalem. The prophets of the Babylonian exile were Obadiah, whose original oracle belongs to its opening years; Ezekiel (xxv.-xlviii.), who continued to preach until 572 B.C., and the great prophet whose deathless messages ring through Isaiah xl.-lv. The prophets of the Persian period were Haggai and Zechariah, whose inspiring sermons kept alive the flagging zeal of those who rebuilt the second temple; the authors of Isaiah lvi.-lxvi.; the author of the little book of Malachi; and Joel. To this list we may perhaps add the prophet who has given us that noble protest, found in the much misunderstood book of Jonah, against the narrow and intolerant attitude of later Judaism toward foreigners.

[Sidenote: _Growth of anonymous and apocalyptic literature_]

With the exception of Ezekiel, Haggai, Zechariah, and Joel, all the prophecies which come from the centuries following the fall of Jerusalem in 586 B.C. are anonymous. The worship of the authority of the past had begun, and there is evidence that the belief was gaining currency that the days of the prophets were past. Hence the natural tendency to resort to anonymous authorship or else to append a later message to an earlier prophecy. Chapters ix.-xiv. of the book of Zechariah illustrate this custom,--chapters which apparently come from the last Old Testament period, the Greek or Maccabean. The habit of presenting prophetic truth in the highly figurative, symbolic form, of the apocalypse also became prominent in later Judaism. This has already been noted in the study of the growth of the New Testament, and is illustrated by the book of Revelation. It was especially adapted to periods of religious persecution, for it enabled the prophet to convey his message of encouragement and consolation in language impressive and clear to his people, yet unintelligible to their foreign masters.

[Sidenote: _The historical background of the book of Daniel_]

To the mind of one who has carefully studied the book of Daniel in the light of the great crisis that came to the Jews as a result of the relentless persecutions of Antiochus Epiphanes, between the years 169 and 165 B.C., there remains little doubt that it is in this period the wonderful apocalypse finds its true setting and interpretation. The familiar examples of the heroic fidelity of Daniel and his friends to the demands of their religion and ritual were supremely well adapted to arouse a similar resistance toward the demands of a tyrant who was attempting to stamp out the Jewish, religion and transform the chosen people into a race of apostates. The visions found in the book trace rapidly, in succession, the history of the Babylonian, Median, Persian, and, last of all, the Greek kingdoms. The culmination is a minute description of the character and reign, of the tyrant Antiochus Epiphanes (xi. 21-45). He is clearly the little horn of chapter viii. But suddenly, in the midst of the account of the persecutions, the descriptions become vague and general. Nor is there any reference to the success of the Maccabean uprising; instead, the prediction is made that Jehovah himself will soon come to establish his Messiah's kingdom.

[Sidenote: _Date of the book_]

The inference is, therefore, that the prophecy was written a short time before the rededication of the temple in 165 B.C. This conclusion is confirmed by many other indications. For example the language, in part Aramaic, is that of the Greek period. The mistakes regarding the final overthrow of the Babylonian empire, which was by Cyrus, not Darius, and brought about not by strategy, but as a result of the voluntary submission of the Babylonians, are identical with the errors current in Greek tradition of the same late period. Here, as in the early narratives of Genesis, a true prophet has utilized earlier stories as effective illustrations. He has also given in the common apocalyptic form an interpretation of the preceding four centuries of human history, and showed how through it all God's purpose was being realized, The book concludes with the firm assurance that those who now prove faithful are to be richly rewarded and to have a part in Ms coming Messianic kingdom.

[Sidenote: _The common motive actuating the prophets and the authors of the New Testament_]

Thus, from the minds of the prophets come the earliest writings of the Old Testament. They consist of exhortations, warnings, messages of encouragement, or else stories intended to illustrate a religious principle or to present, in concrete form, a prophetic ideal. The fundamental motive which produced them all was identical with that which led the disciples and apostles to write the Gospels and Epistles of the New. In the case of the historico-prophetic writings, like Samuel and Kings, the desire to inspire and mould the minds and wills of their readers was combined with the desire to preserve in permanent form a record of the events which, in their national history, revealed most clearly Jehovah's character and purpose. In this respect they correspond perfectly to the Gospels and Acts of the New Testament. It is easy to see, therefore, that kindred aims and ideals actuated these unknown prophetic writers and their later successors, Matthew, Mark, and Luke. Their literary products differ only because their subject-matter is different. The one group records Jehovah's revelation of himself through the life of the Messianic nation, the other through the life of the perfect Messiah.

[Sidenote: _The New Testament the sequel of the prophetic writings_]

It is interesting to note, in conclusion, that from the point of view of the Old, all the literature of the New may be designated as prophetic. The three distinct groups of writings found in the New, namely, the Gospels and Acts, the Epistles, and the Apocalypse, correspond exactly to the three types of prophetic literature found in the Old: the historico-prophetical writings, direct written prophecies, and apocalypses. If the final canon of the Old Testament had been completed before the days of Josiah, there is every reason to believe that it also would have contained little beside prophetic writings. In divine providence it was not closed until seven centuries later, so that, as it has come to us, it is a comprehensive library, representing every stage and every side of Israel's development. It is, however, in perfect keeping with the spirit of the Master that the New Testament should contain significant facts and broad principles rather than detailed laws or even the songs of worship. He whose ideals, teachings, and methods were in closest harmony with those of the Hebrew prophets, naturally begat, through his immediate followers, a group of distinctively prophetic writings.

VIII

THE DEVELOPMENT OF THE EARLIER OLD TESTAMENT LAWS

[Sidenote: _First the principle, and then the detailed laws_]

If the canon of the New Testament had remained open as long as did that of the Old, there is little doubt that it also would have contained many laws, legal precedents, and ecclesiastical histories. From the writings of the Church Fathers and the records of the Catholic Church it is possible to conjecture what these in general would have been. The early history of Christianity illustrates the universal fact that the broad principles are first enunciated by a great prophetic leader or leaders, and that in succeeding centuries these new principles are gradually embodied in detailed laws and ceremonials. Also the principles must be accepted, partially at least, by the majority of the people before the enactments based upon them can be enforced. This important fact, stated in Old Testament terms, is that the prophet must and always does precede the lawgiver.

[Sidenote: _Meaning of the Hebrew word for law_]

_Torah_, the common Hebrew word for law, comes from a Hebrew word meaning to _point out_ or _direct_. It is probably also connected with the older root signifying, to cast the sacred lot. The _torah_, therefore, was originally the decision, rendered in connection with specific questions of dispute, and referred to Jehovah by means of the sacred lot. Thus the early priests were also judges because they were the custodians of the divine oracle.

[Sidenote: _Origin of this Hebrew belief in the divine origin of law_]

Here we are able to trace, in its earliest Hebrew form, the universal belief in the divine origin of the law. In the primitive laws of Exodus xxi.-xxiii., in connection with a case of disputed responsibility for injury to property, the command is given: _the cause of both parties shall come before God; he whom God shall condemn shall pay double to his neighbor_ (xxii. 8, 9). In ancient times all cases of dispute were thus laid before God and decided by the lot or by God's representatives, usually the priests. When, in time, customs and oral laws grew up on the basis of these decisions, a similar divine origin and authority were naturally attributed to them. Individually and collectively they were designated by the same suggestive term, _torah_. When they were ultimately committed to writing, the legal literature bore this title. In the Hebrew text it still remains as the designation of the first group of Old Testament books which contain the bulk of Israel's laws.

[Sidenote: _Its ultimate basis in fact_]

A belief in the divine origin of law was held by most ancient peoples. In connection with the tablet which records the laws of Hammurabi, we have a picture of Shamash the sun-god giving the laws to the king. In the epilogue to these laws he states that by the command of Shamash, the judge supreme of heaven and earth, he has set them up that judgment may shine in the land. The statements in the Old Testament that Jehovah talked face to face with Moses or wrote the ten words with his finger on tablets of stone reflect the primitive belief which pictured God as a man with hands and voice and physical body; still they are the early concrete statement of a vital, eternal truth. Not on perishable stone, but in the minds of the ancient judges, and in the developing ethical consciousness of the Israelitish race, he inscribed the principles of which the laws are the practical expression. If he had not revealed them, there would have been no progress in the knowledge of justice and mercy. The thesis of the Old Testament, and of Hammurabi also, is fundamentally true. The vivid forms in which both expressed that thesis were admirably fitted to impress it upon the mind of early man.

[Sidenote: _Method in which Hebrew law grew_]

The early Israelitish theory of the origin, of law provided fully for expansion and development to meet the new and changed conditions of later periods. Whenever a new question presented itself, it could be referred to Jehovah's representatives, the priests and prophets; and their _torah_, or response, would forthwith become the basis for the new law. Malachi ii. 6,7 clearly defines this significant element in the growth, of Israel's legal codes: _the torah of truth was in the mouth of the priest... and the people should seek the torah at his mouth._ Similarly Haggai commands the people to ask a _torah_ from the priests in regard to a certain question of ceremonial cleanliness (ii, 11). Until a very late period in Israelitish history, the belief was universal that Jehovah was ever giving new decisions and laws through his priests and prophets, and therefore that the law itself was constantly being expanded and developed. This belief is in perfect accord with all historical analogies and with the testimony of the Old Testament histories and laws themselves. Not until the days of the latest editors did the tendency to project the Old Testament laws back to the beginning of Israel's history gain the ascendency and leave its impression upon the Pentateuch. Even then there was no thought of attributing the literary authorship of all of these laws to Moses. This was the work of still later Jewish tradition.

[Sidenote: _Moses' relation to Israelitish law_]

The earliest Old Testament narratives indicate clearly the real historical basis of the familiar later tradition, and vindicate and help us in the effort to define the title, _Law of Moses_. The early Ephraimite narratives describe Moses as a prophet rather than as a mere lawgiver. In Exodus xviii. they give us a vivid picture of his activity as judge. To him the people came in crowds, with their cases, _to inquire of God_ (15). In 16, to his father-in-law Jethro, he states: _whenever they have a matter of dispute they come to me, that I may decide which of the two is right, and make known the statutes of God and his decisions (tôrôth)_. Jethro then advises him to appoint reliable men, gifted with a high sense of justice, to decide minor cases, while he reserves for himself the difficult questions involving new principles. The origin and theory of Israel's early laws are vividly presented in Jethro's words to Moses in verses 19, 20: _You be the people's advocate with God, and bring the cases to God, and you make known to them the statutes and the decisions, and show them the way wherein they must walk, and the work that they must do._

[Sidenote: _Historical basis of the tradition of Mosaic authorship_]

It appears from these and other passages that Moses' traditional title as the father of Israelitish legislation is well established. As a prophet, he proclaimed certain fundamental principles that became the basis of all later codes. As a judge, he rendered decisions that soon grew into customary laws. As a leader and organizer, he laid the foundations of the later political and institutional growth of the nation. Furthermore, it is probable that he taught the people certain simple commands which became the nucleus of all later legislation. Naturally and properly, as oral laws subsequently grew up and were finally committed to writing, they were attributed to him. Later, when these laws were collected and codified, they were still designated as _Mosaic_, even, though the authors of these codes added many contemporary enactments to the earlier laws. Thus the traditions, as well as the theory, of Israelitish law fortunately raised no barrier against its normal growth. It was not until the late Jewish period, when the tradition became rigid and unnatural, that the rabbis, in order to establish the authority of contemporary laws, were forced to resort to the grotesque legal fictions which appear in the Talmud.

[Sidenote: _Evidences that the earliest laws were oral_]

The earliest Hebrew laws, like the traditions, were apparently long transmitted in oral form. The simple life of the desert and early Canaan required no written records. Custom and memory preserved all the laws that were needed. Also, as we have seen, before the Hebrews came into contact with the Canaanites and Phoenicians, they do not seem to have developed the literary art. Instead, they cast their important commands and laws into the form of pentads and decalogues. The practical aim seems to have been to aid the memory by associating a brief law with each finger of the two hands. The system was both simple and effective. It also points clearly to a period of oral rather than written transmission.

[Sidenote: _The earliest Hebrew laws_]

The nucleus of all Israelitish law appears to have been a simple decalogue, which gave the terms of the original covenant between Jehovah and his people, and definitely stated the obligations they must discharge if they would retain his favor. The oldest version of this decalogue is now embedded in the early Judean narrative of Exodus xxxiv. There is considerable evidence, however, that it once stood immediately after the Judean account of Jehovah's revelation of himself at Sinai, and was transposed to its present position in order to give place for the later and nobler prophetic decalogue of Exodus xx. 1-17. Its antiquity and importance are also evidenced by the fact that it has received many later introductory, explanatory, and hortatory notes. Exodus xxxiy. 28 preserves the memory that it originally consisted of simply ten words. The slightly variant version of these original ten words Is also found in Exodus xx. 23, xxiii. 12, 15, 16, 18, 29, 30. Furthermore, it probably once occupied a central position in the corresponding Northern Israelltish account of the covenant at Sinai.

[Sidenote: _The oldest decalogue_]

With the aid of these two different versions, that of the North and that of the South, it is possible to restore approximately the common original:

I. Thou shalt worship no other God.

II. Thou shalt make no molten gods,

III. Thou shalt observe the feast of unleaven bread.

IV. Every first-born is mine.

V. Six days shalt thou toil, but on the seventh thou shalt rest.

VI. Thou shalt observe the feast of weeks and ingathering at the end of the year,

VII. Thou shalt not offer the blood of my sacrifice with leaven. VIII. The fat of my feast shall not be left until morning.

IX. The best of the first-fruits of thy land shalt thou bring to the house of Jehovah.

X. Thou shalt not seethe a kid in its mother's milk.

[Sidenote: _Its date_]

These laws bear on their face the evidence of their primitive date and origin. They define religion not in the terms of life, as does the familiar prophetic decalogue of Exodus xx., but, like the old Babylonian religion, in the terms of the ritual. Loyalty to Jehovah, as the God of the nation, and fidelity to the demands of the cult is their watchword. Their antiquity and the central position they occupy in Old Testament legislation are shown further by the fact that all of them are again quoted in other codes, and most of them four or five times in the Old Testament. Three of them apply to agricultural life; but agriculture is not entirely unknown to the nomadic life of the wilderness. Possibly in their present form certain of these commands have been adapted to conditions in Canaan, but the majority reflect the earliest stages in Hebrew history. In all probability the decalogue in its original form came from Moses, as the earliest traditions assert, although comparative Semitic religion demonstrates that many of the institutions here reflected long antedated the days of the great leader.

[Sidenote: _The_ Judgements _of Exodus xxi., xxii_]

Although in part contemporary, the next stage in the development of Israelitish law is represented by the civil, social, and humane decalogues in Exodus xx. 28 to xxiii. 19. The best preserved group is found in xxi.1 to xxii.20, and bears the title _Judgments_, which recalls Hammurabi's title to his code, The _Judgments_ of Righteousness. Like this great Babylonian code, the Hebrew _Judgments_ deal with civil and social cases, and are usually introduced by the formula, _If so and so_, followed by the penalty or decision to be rendered. They are evidently intended primarily for the guidance of judges. The parallels with the code of Hammurabi are many, both in theme, form, and penalty, although there is no conclusive evidence that the Hebrew borrowed directly from the older Babylonian. Undoubtedly many of the striking points of resemblance are due simply to common Semitic ideas and institutions and to the recurrence of similar questions. But on the whole, the Hebrew laws place a higher estimate on life and less on property. They reflect also a simpler type of civilization than the Babylonian.

[Sidenote: _Their arrangement and contents_]

When three or four obviously later additions have been removed, the _Judgments_ are found to consist of five decalogues, each divided into two pentads which deal with different phases of the same general subject. They are as follows:

_First Decalogue: The Rights of Slaves._

First Pentad: Males, Ex. xxi. 2,3a, 3b, 4,5-6. Second Pentad: Females, xxi. 7, 8, 9,10, 11.

_Second Decalogue: Assaults._

First Pentad: Capital Offences, xxi. 12, 13,14, 15, 16.

Second Pentad: Minor Offences, xxi. 18-19, 20, 21, 26, 27.

_Third Decalogue: Laws regarding Domestic Animals._

First Pentad: Injuries by Animals, xxi. 28, 29, 30, 31, 32.

Second Pentad: Injuries to Animals, xxi. 33-34, 35, 36; xxii. 1,4.

_Fourth Decalogue: Responsibility for Property._

First Pentad: In General, xxii. 5, 6, 7, 8, 9.

Second Pentad: In Cattle, xxii. 10-11, 13, 14, l5a, I5b.

_Fifth Decalogue: Social Purity._

First Pentad: Adultery, Deut. xxii. 13-19, 20-21, 22, 23-24, 25-27.

Second Pentad: Fornication and Apostasy, Ex. xxii. 16, 17, 18, 19, 20.

[Sidenote: _Their date_]

Many of these laws anticipate the settled agricultural conditions of Palestine. Society, however, is very simple. The decalogue and peatad form also points clearly to an early period, when the laws were transmitted orally. Many of the laws probably came from the days of the wilderness wandering, and therefore go back to the age of Moses, in some cases much earlier, as is shown by close analogies with the code of Hammurabi. Although in their present written form these oral _Judgments_ bear the marks of the Northern Israelitish prophetic writers who have preserved them, the majority, if not all, may with confidence be assigned to the days of David and Solomon.

[Sidenote: _The early humane and ceremonial laws_]

The remaining verses of Exodus xx. 23 to xxiii. 19, contain, groups of humane and ceremonial laws. In the process of transmission they have been somewhat disarranged, but, with the aid of the fuller duplicate versions in Deuteronomy, four complete decalogues can be restored and part of a fifth. The following analysis will suggest their general character and contents:

HUMANE AND CEREMONIAL LAWS

_First Decalogue: Kindness._

First Pentad: Towards Men, Ex. xxii. 2la, 22-23, 25a, 25b, 26-27.

Second Pentad; Towards Animals, Ex, xxiii. 4 [Deut. xxii. 1], Deut. xxii. 2, 3; Ex. xxiii. 5

[Deut. xxii. 4], Deut. xxii. 6-7.

_Second Decalogue: Justice_.

First Pentad: Among Equals, Ex. xxiii. 1a, 1b, 2a, 2b, 3.

Second Pentad: On the Part of those in Authority, xxiii, 6, 7a, 7b, 7c, 8.

_Third Decalogue: Duties to God._

First Pentad: Worship, Ex. xx. 23a, 23b, 24, 25, 26.

Second Pentad: Loyalty, Ex. xxii. 28, 29a, 29b, 30, 31.

_Fourth Decalogue: Sacred Seasons._

First Pentad: Command to Observe them, xxiii. 10-11, 12, l5a, 16a, 16b.

Second Pentad: Method of Observing them, xxiii, 17, 18a, 18b, 19a, 19b.

[Sidenote: _Period represented by the primitive codes_]

Here the primitive ceremonial decalogue has been expanded into the third and fourth group given above. Like the _Judgments_, these decalogues bear testimony to their northern origin, and probably they also have had much the same history, although their relation to the primitive decalogue and the fact that they are prefixed and added to the solid group of _Judgments_, would seem to indicate that they were somewhat later. These two collections, together with their older prototype, the ancient decalogue, represent the growth of Israel's laws during the four centuries beginning with Moses and extending to about 800 B. C. To distinguish them from later collections they may be designated as the _Primitive Codes_.

[Sidenote: _The need for new laws_]

The eighth and seventh centuries before Christ which brought to the Hebrews great crises and revolutionary changes in both their political and religious life, witnessed the epoch-making work of Amos, Hosea, Isaiah, and Micah. This remarkable group of prophets proclaimed so many new principles that a fundamental revision and expansion of Israel's primitive codes became necessary in order to adapt the latter to the new needs of the age. The reactionary reign of Manasseh had also brought out plainly the contrast between the older heathen cults, still cherished by the people, and the exalted ideals of the true prophets. If the prophetic teachings were to become operative in the life of the nation, it was also seen that they must be expressed in concrete legal enactments, which could be universally understood and definitely enforced.

[Sidenote: _Application of prophetic principles in the life of the people_]

Accordingly, a group of prophets, disciples of the older masters, and inspired by the spirit of reform, devoted themselves to this all-important task. The results of their work are represented by the prophetic law-book of Deuteronomy. Through its pages glow the new ethical teachings of the prophets of the Assyrian period. The elements of Hosea's doctrine, love to God and love to men and kindness to the needy and oppressed, in their new setting and application, make it one of the evangels of the Old Testament. Its lofty standards of justice and social responsibility reflect the impassioned addresses of Amos and Hosea. Since the new laws, as a whole, represented the practical application of the messages of the prophets to life, they were justly and appropriately placed in the mouth of Moses, the real and traditional head of the nation and of the prophetic order.

[Sidenote: _Relation to the older laws_]

A comparison of this prophetic law-book with the older primitive laws shows that the latter were made the basis of the new codes, since most of them, in revised form, are also found in Deuteronomy. The prophetic lawmakers, however, in the same spirit that actuated Jesus in his attitude toward the ancient law, freely modified, supplemented, and in some cases substituted for the primitive enactments, laws that more perfectly embodied the later revelation.

[Sidenote: _Promulgation and date of the prophetic codes_]

The nature of the reforms instituted by Josiah, according to II Kings xxii., clearly prove that the laws which inspired them were those of Deuteronomy, and that this was the law-book discovered in the temple by Hilkiah the priest and publicly read and promulgated by the king in 621 B.C. Originally it was probably prepared by the prophetic reformers as a basis for their work; but it incorporates not only most of the primitive codes, but also many other ancient laws and groups of laws, some doubtless coming from the earliest periods of Israel's history. It also appears to have been further supplemented after the reformation of Josiah. In general it represents the second great stage in Old Testament law, as it rapidly developed between 800 and 600 B.C. under the inspiring preaching of the remarkable prophets of the Assyrian period.

[Sidenote: _Their historical and permanent value_]

These laws represent, in many ways, the high-water mark of Old Testament legislation. Every effort is made to eliminate that which experience had proved to be imperfect in the older laws and customs. The chief aim is to protect the rights of the wronged and dependent. The appeal throughout is not to the fear of punishment--in a large number of laws no penalty is suggested--but to the individual conscience. Not merely formal worship is demanded, but a love to God so personal that it dominates the individual heart and soul and finds expression through energies completely devoted to his service. These laws required strict justice, but more than that, mercy and practical charity toward the weak and needy and afflicted. Even the toiling ox and the helpless mother-bird and her young are not beyond the kin of these wonderful laws. Under their benign influence the divine principles of the prophets began to mould directly the character and life of the Israelitish race. The man who lives in accord with their spirit and injunctions to-day finds himself on the straight and narrow way, hallowed by the feet of the Master.

IX

INFLUENCES THAT GAVE RISE TO THE PRIESTLY LAWS AND HISTORIES

[Sidenote: _Influences in the exile that produced written ceremonial laws_]

The Babylonian exile gave a great opportunity and incentive to the further development of written law. While the temple stood, the ceremonial rites and customs received constant illustration, and were transmitted directly from father to son in the priestly families. Hence, there was little need of writing them down. But when most of the priests were carried captive to Babylonia, as in 597 B.C., and ten years later the temple was laid in ruins and all sacrifice and ceremonial worship suddenly ceased, written records at once became indispensable, if the customs and rules of Israel's ritual were to be preserved. The integrity and future of the scattered Israelitish race also largely depended upon keeping alive their distinctive traditions. Torn from their altars, the exiled priests not only had a strong incentive, but likewise the leisure, to write. The ritualistic zeal of their Babylonian masters doubtless further inspired them. The result was, that during the Babylonian exile and the following century most of the ceremonial laws in the Old Testament appear to have been first committed to writing.

[Sidenote: _Ezekiel's Code_]

Even Ezekiel, the prophet of the early exile, yielded to the influence of his early priestly training and the needs of the situation. In 572 he issued the unique code found in chapters xl.-xlviii. of his prophecy. It provides for the rebuilding of the temple, and defines the duties of its different officials and the form of ritual that is to be observed. The whole is intended primarily to emphasize, through the arrangement of the sanctuary and the forms of the ceremonial, the transcendent holiness of Jehovah. Ezekiel also proclaims, through this elaborate program for the restored community, the certainty that the exiles would be allowed to return and rebuild the temple. He evidently reproduces many of the proportions and regulations of the first temple, but, with the same freedom that characterizes the authors of the Deuteronomic codes, he unhesitatingly sets aside earlier usages where something better has been revealed.

[Sidenote: _Genesis and character of the Holiness Code_]

Ezekiel's code was never fully adopted by the later Jews, for much of it was symbolic rather than practical; but it powerfully influenced subsequent lawmakers, and was indicative of the dominant tendency of the day. Even before he issued his code, some like-minded priest had collected and arranged an important group of laws, which appear to have been familiar to Ezekiel himself. They are found in Leviticus xvii.-xxvi., and have felicitously been designated as the _Holiness Code_, because they constantly emphasize the holiness of Jehovah and the necessity of the people's being holy in thought and act. In chapters xvii.-xix. most of the original laws are still arranged in the decalogue and pentad form. This strong evidence that they had been transmitted by word of mouth from a much earlier period is supported by their contents. They resemble and supplement the primitive laws of Exodus xx. 23 to xxiii. 19. Many of them probably came from the early periods of Israelitish history. Most of the laws, like those of the prophetic codes in Deuteronomy, are ethical and humane rather than ceremonial. The code, as a whole, is a remarkable combination of prophetic and priestly teaching. It marks the transition from the age of the prophets, represented by Deuteronomy, to that of the priests and ritual, represented by the priestly codes proper. Like every important early collection of laws, It also has been much supplemented by later editors; the original Holiness Code, however, may be given a date soon after the first captivity in 597 B.C.

[Sidenote: _The priestly codes_]

The influences represented by Ezekiel and the Holiness Code have given us the remaining laws of the Old Testament. These are found in Leviticus i-xvi., xxviii., and, excepting Exodus xx.-xxiii., xxxiv., in the legal sections of Exodus and Numbers. They deal almost entirely with such ceremonial subjects, as the forms and rules of sacrifice, the observation of the annual religious festivals, and the rights and duties of priests. Many of them incorporated laws and customs as old or older than the days of Moses. An early and important group, technically known as the Priestly teaching (Lev. i.-iii., v.-vii., xi.-xv.; Num. v., vi., xv., xix. 14-22), is repeatedly designated as _the torah of the burnt-offering_ (Lev. vi. 9), or _the torah of the meal-offering_ (vi, 14), or _the torah of the unclean and clean beast or bird_ (xi. 46, 47). It is evidently based upon the _toroth_, or decisions, rendered by the priests concerning the various ceremonial questions thus treated. The recurring phrase, _according to the ordinance_, probably refers to the fixed usage observed in connection with the first temple.

[Sidenote: _Their date_]

The atmosphere and point of view of these priestly laws as a whole are the exilic and post-exilic periods. The ritual has become much more elaborate, the position of the priests much more prominent, and their income far greater than before the exile. The distinction between priest and Levite, which was not recognized before the exile, is clearly defined. The annual feasts have increased, and their old joyous character has largely disappeared under the dark shadow of the exile. Sin-offerings, guilt-offerings, trespass-offerings, and the day of atonement (practically unknown before the fall of Jerusalem in 586 B.C.) reflect the spirit of the later Judaism which sought to win Jehovah's favor by its many sacrifices. Within these priestly codes there is also evidence of development. The older collections, such as the priestly teachings, were probably made early in the Babylonian exile. Others represent the gradual expansion and supplementing of these older groups, the process apparently continuing until the days of Nehemiah and Ezra. The whole, therefore, is the fruit of the remarkable priestly literary activity between 600 and 400 B.C., and possibly extending even later.

[Sidenote: _Adoption of the priestly law about 400 B.C._]

The Jewish community which Nehemiah found in Palestine was still living under the Deuteronomic law, and apparently knew nothing of the very different demands of the priestly codes. His reform measures recorded in Nehemiah v. and xiii., as well as his effective work in repairing the walls, prepared the way for the sweeping innovations which followed the public acceptance of the new law-book, brought according to tradition by Ezra. Five out of the eight regulations specified by the oath then taken by the leaders of the nation (Neh. x. 30-39) are found only in the priestly codes; one of them, indeed, is not presented elsewhere in the Old Testament. Henceforth the life of the Jewish race is moulded by these later codes. It is, therefore, safe to conclude that they constituted the essence of the new law-book solemnly adopted by the Jewish community as its guide somewhere about 400 B.C.

[Sidenote: _Aim and characteristics of the priestly narratives_]

Inasmuch as the interest of the priests centred in ceremonial institutions and the history of the law rather than about individuals and politics, it was natural that they also should write their own history of the race. Their general purpose was to give an introduction and setting to their laws. As might be anticipated, this priestly history incorporates the traditions of the late priestly school, and therefore those current long centuries after the events recorded transpired. As in the case of the prophetic narratives, the aim is not primarily historical, but doctrinal. The peculiar vocabulary, language, and theological conceptions are those which distinguish the post-exilic priestly editors of the latest Old Testament laws.

[Sidenote: _Their sketch of the earlier history_]