the Priestly Code institutes the circumcision of male children on the eighth day after birth. This institution completely throws into the shade and spoils the story out of which it arose, namely, the promise of the birth of Isaac as a reward to Abraham of the hospitality he showed Jehovah at Hebron. But there is more than a difference in form, there is a material contradiction between the Jehovistic legend and the priestly law. The law purifies the legend, that is to say, denies all its main features and motives. As we saw in the first chapter there is a conscious polemic at work in the representation in the Priestly Code that Abraham, Isaac, and Jacob erect no altars, and practice no religious rites, and that they have no connection with the sacred places with which in JE they are inseparably associated. The popular religious book preserved to us in the Jehovistic Genesis, not corrected to any great extent, though certainly to some extent, tells how the ancestors and representatives of Israel founded the old popular worship at the principal sites at which it was kept up. The law of the legitimate cultus of Jerusalem, as it lies before us in the Priestly Code, reforms and destroys the old popular worship on the basis of Mosaic, i.e., prophetical ideas. The tabernacle does not harmonize with the sanctuaries of Hebron, Beersheba, Shechem, Kadesh, Mahanaim, Lahai-Roi, Bethel; the patriarchs live at Hebron only because they are to be buried there, not to entertain the Deity under the oak of Mamre and to build an altar there. The heretical mac,c,ebas, trees and wells, disappear, and with them the objectionable customs: that God should have summoned Abraham to offer up to Him his only son is an idea the Priestly Code could not possibly entertain. The whole material of the legend is subordinated to legislative designs: the modifying influence of the law on the narrative is everywhere apparent.

The attitude of Judaism to the old legend is on the whole negative, but it added some new elements. While the patriarchs are not allowed to sacrifice, only to slaughter, they have, on the other hand, the Sabbath /1/ and circumcision. In this they are like

— Footnote I The Sabbath is not a Mosaic institution according to the Priestly Code. But it is presupposed in Exodus xvi., and according to Genesis ii. 3, it was in force from the beginning of the world. With the old Israelites the Sabbath was much less important in relation to worship than the festivals: in Judaism the opposite was the case. — Footnote

the Jews in Babylon, who were deprived of the national cultus, and replaced it with these two symbols of religious membership and union, which were independent of the temple of Jerusalem. In the exile, after the cessation of the service of the altar, the Sabbath and circumcision attained that significance as symbols—in the genuine old meaning of the Greek word—as practical symbols of Judaism, which they retain to the present day. The emphasis is noteworthy with which the Priestly Code always insists on the fact that the patriarchs sojourned in a strange land, that they were Gerim. If we also consider that Abraham is said to have migrated into Palestine from Ur, from Chaldaea, it is hardly possible to reject the idea that the circumstances of the exile had some influence in moulding the priestly form of the patriarchal legend. In spite of all the efforts of the historian, and all the archaic appearance of his work, it may in that case still be the fact that the surroundings of the narrator found positive expression in his description of the patriarchal times.

VIII.III.

<VIII.III.1.> In the Jehovistic history-book Genesis is a most important part, and occupies at least a half of the whole work: in the Priestly Code, Genesis quite disappears in comparison with the later books. Only with the Mosaic legislation does this work arrive at its own ground, and it at once stifles the narrative under a mass of legislative matter. Here also there is a thin historical thread running parallel to the Jehovist, but we constantly lose sight of it from the repeated interruptions made by extensive ritual laws and statistical statements.

"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/

— Footnote 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. — Footnote

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/