Prolegomena to the History of Israel

by Julius Wellhausen

— Footnote 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. — Footnote

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/

— Footnote 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. — Footnote

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/

— Footnote 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. — Footnote

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

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

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.