That we have not inferred too much from these utterances of the older prophets is clear from the way in which they are taken up and carried on by Jeremiah, who lived shortly before the Babylonian exile. Just as in vi.19 seq. he opposes the Torah to the cultus, so in vii.11 seq. he thus expresses himself: "Add your burnt-offerings to your sacrifices, and eat flesh! For I said nought unto your fathers, and commanded them nought, in the day that I brought them out of the land of Egypt, concerning burnt-offerings or sacrifices. But this thing commanded I them: hearken to my voice, and I will be your God, and ye shall be my people, and walk ye in the way that I shall always teach you, that it may be well with you."
The view indeed, that the prophets (who, from the connection, are the ever-living voice to which Israel is to hearken) are the proper soul of the theocracy, the organ by which Jehovah influences and rules it, has no claim to immemorial antiquity. But no stress lies upon the positive element here; enough that at all events Jeremiah is unacquainted with the Mosaic legislation as it is contained in the Priestly Code. His ignoring of it is not intentional, for he is far from hating the cultus (xvii.26). But, as priest and prophet, staying continually in the temple at Jerusalem, he must have known it, if it had existed and actually been codified. The fact is one which it is difficult to get over.
Thus the historical witnesses, particularly the prophets, decide the matter in favour of the Jehovistic tradition. According to the universal opinion of the pre-exilic period, the cultus is indeed of very old and (to the people) very sacred usage, but not a Mosaic institution; the ritual is not the main thing in it, and is in no sense the subject with which the Torah deals. /1/
— Footnote 1. That the priests were not mere teachers of law and morals, but also gave ritual instruction (e.g, regarding cleanness and uncleanness), is of course not denied by this. All that is asserted is that in pre-exilian antiquity the priests' own praxis (at the altar) never constituted the contents of the Torah, but that their Torah always consisted of instructions to the laity. The distinction is easily intelligible to those who choose to understand it. — Footnote
In other words, no trace can be found of acquaintance with the Priestly Code, but, on the other hand, very clear indications of ignorance of its contents.
II.I.3. In this matter the transition from the pre-exilic to the post-exilic period is effected, not by Deuteronomy, but by Ezekiel the priest in prophet's mantle, who was one of the first to be carried into exile. He stands in striking contrast with his elder contemporary Jeremiah. In the picture of Israel's future which he drew in B.C. 573 (chaps. xl.-xlviii.), in which fantastic hopes are indeed built upon Jehovah, but no impossible demand made of man, the temple and cultus hold a central place. Whence this sudden change? Perhaps because now the Priestly Code has suddenly awakened to life after its long trance, and become the inspiration of Ezekiel? The explanation is certainly not to be sought in any such occurrence, but simply in the historical circumstances. So long as the sacrificial worship remained in actual use, it was zealously carried on, but people did not concern themselves with it theoretically, and had not the least occasion for reducing it to a code. But once the temple was in ruins, the cultus at an end, its PERSONNEL out of employment, it is easy to understand how the sacred praxis should have become a matter of theory and writing, so that it might not altogether perish, and how an exiled priest should have begun to paint the picture of it as he carried it in his memory, and to publish it as a programme for the future restoration of the theocracy. Nor is there any difficulty if arrangements, which as long as they were actually in force were simply regarded as natural, were seen after their abolition in a transfiguring light, and from the study devoted to them gained artificially a still higher value. These historical conditions supplied by the exile sufffice to make clear the transition from Jeremiah to Ezekiel, and the genesis of Ezekiel xl.-xlviii. The co-operation of the Priestly Code is here not merely unnecessary, it would be absolutely disconcerting. Ezekiel's departure from the ritual of the Pentateuch cannot be explained as intentional alterations of the original; they are too casual and insignificant. The prophet, moreover, has the rights of authorship as regards the end of his book as well as for the rest of it; he has also his right to his picture of the future as the earlier prophets had to theirs. And finally, let its due weight be given to the simple fact that an exiled priest saw occasion to draft such a sketch of the temple worship. What need would there have been for it, if the realised picture, corresponding completely to his views, had actually existed, and, being already written in a book, wholly obviated any danger lest the cultus should become extinct through the mere fact of its temporary cessation?
Here again a way of escape is open by assuming a lifeless existence of the law down to Ezra's time. But if this is done it is unallowable to date that existence, not from Moses, but from some other intermediate point in the history of Israel. Moreover, the assumption of a codification either as preceding all praxis, or as alongside and independent of it, is precisely in the case of sacrificial ritual one of enormous difficulty, for it is obvious that such a codification can only be the final result of an old and highly developed use, and not the invention of an idle brain. This consideration also makes retreat into the theory of an illegal praxis impossible, and renders the legitimacy of the actually subsisting indisputable.
II.II.
At all times, then, the sacrificial worship of Israel existed, and had great importance attached to it, but in the earlier period it rested upon custom, inherited from the fathers, in the post-exilian on the law of Jehovah, given through Moses. At first it was naive, and what was chiefly considered was the quantity and quality of the gifts; afterwards it became legal,—the scrupulous fulfilment of the law, that is, of the prescribed ritual, was what was looked to before everything. Was there then, apart from this, strictly speaking, no material difference? To answer this question our researches must be carried further afield, after some preliminary observations have been made in order to fix our position.
II.II.1. In the Pentateuch the sacrificial ritual is indeed copiously described, but nowhere in the Old Testament is its significance formally explained; this is treated as on the whole self-evident and familiar to every one. The general notion of a sacrifice is in the Priestly Code that of qorban, in the rest of the Old Testament that of minha, /1/ ie., "gift;"