The Expositor's Bible: The Book of Deuteronomy

by Andrew Harper

CHAPTER XX

THE ECONOMIC ASPECTS OF ISRAELITE LIFE

It has often and justly been said that the life of Israel is so entirely founded on the grace and favour of God that no distinction is made between the secular and the religious laws. Whatever their origin may have been, whether they had been part of the tribal constitution before Moses' day or not, they were all regarded as Divinely given. They had been accepted as fit building stones for the great edifice of that national life in which God was to reveal Himself to all mankind, and behind them all was the same Divine authority. That being so, it is not wonderful, in times like these, when the air is full of plans and theories for the reconstruction of society in the interest of the toiling masses of men, that believers in the Scriptures should turn with hope to the legislation of the Old Testament. In the present state of things the material conditions of life are far more deadening and demoralising for the multitude in civilised countries than they are in many uncivilised lands. That this should be so is intolerable to all who think and feel; and men turn with hope to a scene where God is teaching and training men, not merely in regard to their individual life, as in the New Testament, but also in regard to national life. It is seen, too, that the tone and feeling of these laws are sympathetic for the poor as no other code has ever been; and many maintain that, if we would only return to the provisions of these laws, the social crisis which is as yet only in its beginning, and which threatens to darken and overshadow all lands, would be at once and wholly averted. Men consequently are diligently inquiring what the land tenure of ancient Israel was, what its trade laws were, how the poor were dealt with, and how and to what extent pauperism was averted or provided for. Many say, If God has spoken in and by this people, so that their first steps in religion and morals have been the starting-point for the highest life of humanity, may we not expect that their first steps in political and social life will have the same abiding value, if rightly understood? Now the main thing in regard to which the economical arrangements of a nation are important is land. In modern times there may be some exceptionally situated communities, such as the British people, among whom commerce and manufactures are more important than agriculture; but in ancient times no such case could arise. In every community the land and the land tenure were the fundamentally important things.

Now the fundamental thing concerning it was that Yahweh, being the King of Israel, who had formed and was guiding this people as His instrument for saving the world, and who had bestowed their country upon them, was regarded as the sole owner of the soil. It is not necessary to quote texts to prove this, since it is the fundamental assumption throughout the Old Testament Scriptures that the Israelite title to their land was the gift of Yahweh. He had promised it to the fathers. He had driven out the Canaanite nations before Israel. He had by His mighty hand and His stretched-out arm established His chosen people in the place which He had chosen, and He had granted them the use and enjoyment of it so long as they proved faithful to Him. Consequently, in a quite real and palpable sense, there was no owner of land in Israel save Yahweh. And this thought was not without practical consequences of great moment. It was not a mere religious sentiment, it was a hard and palpable fact, that Yahweh ruled. Absolute proprietorship could never be built up on that basis, and never as a matter of fact, was acknowledged in Israel. All were tenants, who held their places only so long as they obeyed the statutes of Yahweh. The sale in perpetuity of that which had been portioned out to tribes and families was consequently entirely prohibited. As against other nations, indeed, Israel was to possess this land, so that no heathen could be permitted to buy and possess even a scrap of it; but as against Yahweh and the purposes for which He had chosen Israel, all were equally strangers and sojourners, practically tenants at will, who could neither give nor take their holdings as if they were absolutely theirs. Yet, relatively, the land was given to the community as a whole, and according to Joshua xiii. 7 sqq. (a passage generally assigned to the Deuteronomic editor) it was parcelled out by lot to the various tribes just before Joshua's death, according to their respective numbers.[97] Then within the tribal domain the families in the wider sense had their portion, and within these family domains again the individual households. In this way the Israelite tenure of land occupies a middle point between the theories of Socialism, and the high doctrine of private property in land which declares that the individual owner can do what he will with his own. The nation as a whole claimed rights over all the land, but it did not attempt to manage the public estate for the common good. It delegated its powers to the tribes. But not even they undertook the burdens of proprietorship. Under them the families undertook a general superintendence; but the true proprietary rights, the cultivation of the soil, and the drawing of profit from it, subject only to deductions made by the larger bodies, the families, the tribes, and the nation, were exercised only by individuals. The nation took care that none of its territory should be sold to foreigners, lest the national inheritance should be diminished, and the tribes did the same for the tribal heritage, as we see from the narrative concerning the daughters of Zelophehad. It was only within limits therefore, that the individual proprietor was free; and though the rights of property were respected, the corresponding duties of property were set forth with irresistible clearness. The community, in fact, never abandoned its claims upon the common heritage, any more than Israel's Divine King did, and consequently the field within which proprietary rights were exercised was more restricted here than in any modern state.

Further, besides the prohibition of absolute sale which flowed from the recognition of Yahweh's ownership, and the limitations which tribal and family claims involved, there were distinct provisions in which the national ownership under Yahweh was plainly asserted. For example, it is enacted in Deut. xxiii. 24—"When thou comest into thy neighbour's vineyard, then thou mayest eat grapes thy fill at thine own pleasure; but thou shalt not put any in thy vessel. When thou comest into thy neighbour's standing corn, then thou mayest pluck the ears with thine hand; but thou shalt not move a sickle unto thy neighbour's standing corn." Allied to these were the provisions (Lev. xix. 9 ff., xxiii. 10) concerning gleaning, and not reaping the corners of the field. It will be observed that, though these latter may be discounted as intended for the relief of the poor alone, the former provision was for all, and that consequently it may be regarded as an undoubted assertion of the common ownership, or common usufruct, which, though latent, was always held to be a fact. In other ways also the same hint is given. The provisions for letting the land lie fallow in the seventh year and in the jubilee year, and for securing the use of what grew in the field for all who chose to take it, were interferences with the free-will of the individual owners or occupiers, which find their justification only in the fact that the general ownership was never suffered entirely to fall into the background.

To sum up then this system aimed at securing the advantages both of the socialist view and of the individualistic view, while avoiding the evils of both. Private enterprise was encouraged, by the individual being guaranteed possession of his land against any other individual; while public spirit and a regard for general interests were promoted by the restrictions which limited the private ownership. Further, and more important still, the whole relation of the nation and of the individual to the land was raised out of the merely sordid region of material gain into the spiritual and moral region, by the principle that Yahweh their God alone had full proprietary rights over the soil. All were "sojourners" with Him. He had promised this land to their fathers as the place wherein He should specially reveal Himself to them. Here, communion with Him was to be established, and to each household there had been assigned by Yahweh a special portion of it, which it would be equally a sin and an unspeakable loss to part with. Compulsion alone could justify such a surrender; and the completed legislation, whatever its date, and even if it remained always an unrealised ideal, shows how determined the effort was to secure the perpetuity of the tenure in the original hands. The ideal of Israelite life was consequently that the land should remain in the hands of the hereditary owners, and that the main support of all the people should be agricultural labour.[98]

The hypothesis that this was the case is strengthened to a certainty by the manner in which commerce, one of the other main sources of wealth, is dealt with in the Israelite law. There is but little sympathy expressed with it, and some of the regulations issued are such as to render trade on any very large scale within Palestine itself impossible. From the use of the word "Canaanite" in the Old Testament (cf. Job xli. 6; Prov. xxxi. 24; Zeph. i. 11; Ezek. xvii. 4, and Isa. xxiii. 8) it is clear that, even in the later periods of Israelite history, the merchants were so prevailingly Canaanites that the two words are synonymous. Nay, more; there can be no doubt that the commercial career was looked down upon. Even as early as the prophet Hosea the Canaanite name is connected with false weights and vulgar commercial cheating (Hos. xii. 7), and it is looked upon as a last degradation that Ephraim should take delight in similar pursuits. In all that we read of merchants in the Old Testament we seem to hear the expression of a feeling that commerce, with its necessary wanderings, its temptations to dishonesty, its constant contact with heathen peoples, was an occupation that was unworthy of a son of Israel. Even Solomon's success as a royal merchant would not seem to have overcome this feeling, nor did the later commercial successes of kings like Jehoshaphat. In fact the ordinary Israelite had the home-staying farmer's contempt and suspicion of these far-wandering commercial people, so much more nimble-witted than himself, who were therefore to be regarded with half-admiring wariness.

But the very sinews of extensive commerce were cut by the law against the taking of interest from a brother Israelite.[99] Without credit, or the lending of money, or what is called sleeping partnership (and all these are bound up with receiving interest), it is impossible to have extensive trade. Without them every merchant would have to limit his operations to cash transactions and to his own immediate capital, and the great combinations which especially bring wealth would be impossible. Now we do not need at present to discuss the wisdom of prohibiting the taking of interest, nor the still more debated question whether that ancient prohibition would be wise or advantageous now. It is enough for our purpose that usury in its literal sense was actually forbidden among Israelites, and that they were thus shut out from the developed commercial life of the surrounding nations. As a result trade remained in a merely embryonic condition.

But in still other ways the Sinaitic legislation interfered with its development. The inculcation of ceremonial purity, especially in food, and the effort to make Israel a peculiar people unto Yahweh, which distinguishes even the earlier forms of the law, made intercourse with foreigners and living abroad, always difficult, and under some circumstances impossible. Consequently all the legislation that can possibly be considered commercial was of a very rudimentary character. From every point of view it is clear that ancient Israel was not a commercial people, and that the Divine law was intended to restrain them from commercial pursuits. They could not have been the holy and peculiar people they were meant to be, had they become a nation of traffickers.