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Some Remnants of Ancient Laws in the Deuteronomic Code*

Published online by Cambridge University Press:  12 February 2016

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Extract

This short article deals with two of the Deuteronomic laws: the law of the tithe (Deut. 14:22–28; 26:12–16) and the law of the Hebrew slave (Deut. 15:12–18). It is not intended to present a comprehensive study of these two laws, but to limit the investigation to the uncovering of those ancient laws referred to only by the author of Deuteronomy and not by the authors of the other Biblical codes, including that of the Covenant Code.

I. Bashanah hashlishit shnat hama'asar “in the third year, which is the year of tithing” (Deut. 26:12).

The reader of the law of the declaration of the tithe will quickly discern a contradiction: the tithe of the third year is given to the Levite, sojourner, orphan, and widow, bisharekha, literally, “within your gates” (within which there are no cultic places according to the laws of Deuteronomy—Deut. 26:2b). On the other hand, the tithe is declared in the Temple lifnei adonai “before the Lord” (Deut. 26:1s). Another surprising point is that the law creates an impression of unfamiliarity with the annual tithe. Apparently, only the triennial tithe is known: “in the third year, which is the year of tithing”.

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Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1974

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References

1 The expression lifnei adonai, “before the Lord” does not leave any room for doubting that the declaration was indeed said in the Temple. Cf. in the Deuteronomic Code: 12: 7,12, 18; 14: 23, 26; 15: 20; 16: 1; 18: 7; 19: 11; 26: 5, 10; 27:7.

2 Vs. 24–27 are not originally part of the law, but belong to a later, secondary stratum which attempts to solve the geographical problem of the increasing distance due to enlargement of territory (the Josianic era?). To this Deuteronomic stratum belong also 12:20–28; 19:8–9 (plus three words in v. 6—”because the way is long”), and, outside the Book of Deuteronomy, Ex. 34: 24.

3 V. 15 is not an organic part of the declaration. The distinctive Deuteronomic expressions contained in it clearly point to its inclusion in the later Deuteronomic stratum of this section. In this same section we have included vs. 12b and 13aβb (note the word v'gam “and also”, Which hints at the secondary nature of the addition).

4 On the antiquity of this declaration and its relationship to the cult, see von Rad, G., Deuteronomy, Old Testament Library (London, 1966), 159161.Google Scholar

5 The meaning of haviu laboker zivhekhem “bring your sacrifices every morning”, is, apparently: “Even if you bring your sacrifices every morning instead of once a year…” The annual sacrifice, a family sacrifice, was an ancient Israelite custom as can be seen from the references to zevah hayamim “the yearly sacrifice”, in I Sam. 1:21; 2:19; 20:6. On this sacrifice see Haran, M., “Zebah Hayyamim”, (1969) 19 VT 1122.Google Scholar

6 Indeed, Wellhausen, J. in Die Kleinen Propheten (Berlin, 4th ed., 1963) 79Google Scholar, attempted to interpret this verse in Amos as a mockery of the cultic meticulousness of the Israelites in relationship to the annual sacrifice and the triennial tithe. Furthermore, he connected this verse to Deut. 14:28 miktze shalosh shanim “At the end of every three years”. However, he reneged on this interpretation because he could not conceive of a time in ancient Israel when only the triennial tithe existed.

7 The Book of Jubilees 32:2 also relates both the fulfilment of Jacob's vow in Bethel and the commandment for future generations to follow suit (vs. 10–15).

8 I essentially agree with the opinion that the tithe which is eaten by those who bring it (Deut. 14) is later than both the tithe which is sanctified to God (Lev. 27:30–33) and the tithe which is a Levitical acquisition (Num. 18: 21–32). See, Kaufmann, Y., The Religion of Israel (in Hebrew), vol. I, pp. 148159Google Scholar, and Weinfeld, M., HaMifne b'Tfisat HaElohut v'HaPulhan b'Sefer D'varim” (1964–65) 31Google ScholarTarbiz 4–5. The Deuteronomist adopts the principle of the yearly aspect of those Judean tithes, but he limits their degree of sanctity according to his general conception of the cult.

9 Deuteronomy's relationship to Northern laws and mores is well-known in Biblical scholarship; see Alt, A., “Die Heimat des Deuteronomiums”, Kleine Schriften zut Geschichte des Volkes Israel, (München, 1953) vol. 2, pp. 250275.Google Scholar

10 See Brown, G., Driver, S.R., Briggs, C.A., A Hebrew and English Lexicon of the Old Testament (Oxford, 1966).Google Scholar

11 The corruption of this verse cited by Ibn Ezra derives either from the version in Lev. 25: 50 b'mispar shanim kime sakhir or from Job 7: 1 v'khime sakhir yamav “and are not his days like the days of a hireling?” (see also Job 14: 6).

12 Possibly in Job 14: 6, too, sakhir refers to a servant who works for a limited number of years sh'e me'alav v'yehdal ad yirtzeh k'sakhir yomo “look away from him and desist, that he may enjoy, like a hireling, his day”, and perhaps yomo must be corrected to yamav = years. On yom (day) as equal to “year”, see below.

13 The translation of the law according to Driver, G.R.Miles, J.C., The Babylonian Laws (Oxford, 1955), vol. II, pp. 4749.Google Scholar

14 The numerical sequence of 3/4 which is found in the custom of the three-year servitude and release in the fourth, appears often in the Bible; see Roth, W.M. W., “The Numerical Sequence x/x + 1 in the Old Testament” (1962) 12 VT 301.Google Scholar This pattern also impressed itself upon Hebrew law: “to the third and fourth generation” (Ex. 20:5=34:7; Num. 14:18; Deut. 5:9). It should also be noted that the sequence of 3/4 years is also found in the Code of Hammurabi §44. Furthermore, three years as a known period of servitude exists in the Hittite Code §35.

15 Indeed, in Deuteronomy we have found the law of servitude (15:1–11) side by side with that of the sabbatical year (15:12ff). See, also, Jer. 34, which is influenced by Deut. 15 and in citing the law of servitude (Jer. 34:14) borrows an idiom from the law of the sabbatical year miketz sheva shanim “At the end of every seven years” (Deut. 15:1). The laws of the ancient Near East, with minor exceptions like Ham. §117, contain no provisions for the freeing of slaves. In contradistinction to these codes, Biblical law knows only limited servitude for Hebrews (with the exception of those servants who do not wish to be freed). The law of permanent slavery is secondary in Deut. 15. Vs. 16–17 disturb the continuity of the original law encompassing vs. 12–15 and 18.

16 See, also, the term zevah hayamim (n. 5), which is an annual sacrifice, and the expression miyamim yamimah (Ex. 13:10; Jud. 11:40; 21:19; I Sam. 1:3; 2:19); and see Brown, Driver and Briggs (supra n. 10).

17 There exists, of course, the possibility of an accidental corruption—the omission of the number three which was apparently written as a symbol and not as a word. Similarly, Saul's age at his ascendency to the throne was omitted from I Sam. 13:1: ben shanah Sha'ul b'molkho “Saul was one-year old when he began to reign” (literal translation). This accidental omission becomes more palatable when one assumes that the copyist was aware of the Levitical tradition of one-year servitude.