Prolegomena to the History of Israel

by Julius Wellhausen

The tribute of raw portions of flesh before the burning of the fat is here treated as a shameless demand which is fitted to bring Jehovah's offering into contempt (ver. 17), and which has the ruin of the sons of Eli as its merited reward. More tolerable is it, though even that is an abuse, when the priests cause boiled flesh to be brought them from the pot, though not seeking out the best for themselves, but leaving the selection to chance; they ought to wait and see what is given to them, or be contented with an invitation to the banquet. On the other hand we have it in Deuteronomy as "the priest's due from the people" (xviii. 3 = 1Samuel ii. 12) that he receives the shoulder and the two cheeks and the maw of the slaughtered animal; and yet this is a modest claim compared with what the sons of Aaron have in the Priestly Code (Leviticus vii. 34),—the right leg and the breast. The course of the development is plain; the Priestly Code became law for Judaism. In sacrifice, ITS demands were those which were regarded; but in order to fulfil all righteousness the precept of Deuteronomy was also maintained, this being applied—against the obvious meaning and certainly only as a result of later scrupulosity of the scribes—not to sacrifices but to ordinary secular slaughterings, from which also accordingly the priests received a portion, the cheeks (according to Jerome on Malachi ii. 3), including the tongue, the precept being thus harmonistically doubled. /1/ At an earlier

— Footnote
1. Philo, De praem. sacerd., sec. 3. Josephus, Ant., iii. 9. 2;
iv. 4, 4.
— Footnote

date the priests at Jerusalem received money from those who employed them (Deuteronomy xviii. 8), but for this had the obligation of maintaining the temple; from this one can discern that the money was properly speaking paid to the sanctuary, and was only conditionally delivered to its servitors. When they failed to observe the condition, King Jehoash took the money also from them (2Kings xii. 7 seq.).

The meal-offerings are in the Priestly Code a subordinate matter, and the share that falls to the priests is here trifling compared with what they receive of the other sacrifices. The meal, of which only a handful is sprinkled upon the altar, the baked bread, and the minha altogether are theirs entirely, so also the sin and trespass offerings so frequently demanded, of which God receives only the blood and the fat and the offerer nothing at all (Ezekiel xliv. 29); of the burnt-offering at least the skin falls to their lot, These perquisites, however, none of them in their definite form demonstrably old, and some of them demonstrably the reverse, may be presumed to have had their analogues in the earlier period, so that they cannot be regarded absolutely as augmentation of the priestly income. In Josiah's time the mac,c,oth were among the principal means of support of the priests (2Kings xxiii. 9); doubtless they came for the most part from the minha. Instead of sin and trespass offerings, which are still unknown to Deuteronomy, there were formerly sin and trespass dues in the form of money payments to the priests,—payments which cannot, however, have been so regular (2Kings xii. 17). It is as if money payments were in the eye of the law too profane; for atonement there must be shedding of blood. That the skin of the holocaust, which cannot well be consumed on the altar, should fall to the priest is so natural an arrangement, that one will hardly be disposed to regard it as new, although Ezekiel is silent about a due which was not quite worthless (xliv. 28-31).

So far then as departures from earlier custom can be shown in the sacrificial dues enjoined by the Priestly Code, they must not indeed be treated as purely local differences, but neither are they to be regarded as on the whole showing a serious raising of the tariff. But in the Code the sacrificial dues are only a subordinate part of the income of the priests. In Deuteronomy the priests are entirely thrown upon the sacrifices; they live upon them (xviii. 1) and upon invitations to the sacred banquets (xii. I2, 18 seq.); if they are not exercising the priestly function they must starve (1Samuel ii. 36). On the other hand, the Aaronidae of the Priestly Code do not need to sacrifice at all, and yet have means of support, for their chief revenue consists of the rich dues which must be paid them from the products of the soil.

V.I.2. The dues falling to the priests according to the law were all originally offerings—the regular offerings which had to be brought on the festivals; and these all originally were for sacred banquets, of which the priests received nothing more than the share which was generally customary. This is true in the first instance of the male firstlings of cattle. As we have seen in the chapter on the sacred feasts, these are sacrifices and sacrificial meals, alike in the Jehovistic legislation and in the Jehovistic narrative of the exodus and of Abel, as were all the offerings brought by private individuals in the olden time. When in Exodus xxii. 29 it is said that they must be given to JEHOVAH, this does not mean that they must be given to THE PRIESTS; no such thing is anywhere said in thc Book of the Covenant. Matters still stand on essentially the same footing in Deuteronomy also: "THOU SHALT SANCTIFY THEM UNTO JEHOVAH; thou shalt not plough with the firstling of the bullock, nor shear the firstling of thy sheep; THOU SHALT EAT IT BEFORE JEHOVAH year by year in the place which He shall choose; and if there be any blemish therein, thou shalt not OFFER IT TO JEHOVAH THY GOD" (Deuteronomy xv. 19, 20). To sanctify to Jehovah, to eat before Jehovah, to offer to Jehovah, are here three equivalent ideas. If now, in Numbers xviii. 15 seq., every first birth is assigned without circumlocution to the priest, and a special paschal offering is appointed in addition, this can only be understood as the last phase in the development, partly because the idea of dues altogether is secondary to that of offerings, and partly because the immense augmentation in the income of the priests points to an increase of the hierocratic power. Ezekiel does not yet reckon the firstlings among the revenues of the clergy (xliv. 28-3I); the praxis of Judaism, on the other hand, since Nehemiah x. 37, is regulated, as usual, in accordance with the norm of the Priestly Code.

The tithe also is originally given to God, and treated just as the other offerings are; that is to say, it is not appropriated by the priests, but eaten by those who bring it in sacred banquets. It does not occur in the Jehovistic legislation, but Jacob dedicates it (Genesis xxviii. 22) to the God of Bethel, a place where, although the whole story is a projection out of a later time, it would hardly be in harmony with the conceptions of the narrator to think of the presence of priests. The prophet Amos, who probably represents much the same stage of the cultus as the Jehovist does, says: "Come to Bethel to transgress, to Gilgal to sin still more; and bring every morning your sacrifices, every three days your tithes, and offer with bread pieces of flesh to the flames, and proclaim free offerings aloud, for so ye like, ye children of Israel" (Amos iv. 4 seq.). He ironically recommends them to persevere in the efforts they have hitherto made in honour of God, and to double them; to offer daily, instead of, as was usual (1Samuel i.), yearly at the chief festival; to pay tithes every three days, instead of, as was the custom, every three years. It is clear that the tithe here holds rank with Zebah, Toda, and Nedaba; it is a sacrifice of joy, and a splendid element of the public cultus, no mere due to the priests. Now, in this point also Deuteronomy has left the old custom, on the whole, unchanged. According to xiv. 22 seq. the tithe of the produce of the soil, or its equivalent in money, must be brought year by year to the sanctuary, and there consumed before Jehovah that is, as a sacrificial meal; only every third year it is not to be offered in Jerusalem, but is to be given as alms to the people of the locality who have no land, to which category the Levites in particular belong. This last application is an innovation, connected on the one hand with the abolition of the sanctuaries, and on the other with the tendency of the Deuteronomist to utilise festal mirth for humane ends. /1/

— Footnote 1. Connection is, however, possible with some older custom, such as must certainly be assumed for Amos iv. 4. Comp. Deuteronomy xxvi. 12, "the year of tithing." — Footnote

But this is a mere trifle compared with what we find in the Priestly Code, where the whole tithe has become a mere due to be collected by the Levites (Nehemiah x. 38 [37]) on behalf of the clergy, whose endowment thereby is again very largely increased. Ezekiel is silent on this point also (xliv. 18-31), but as the tithe is demanded in Numbers (xviii. 21 seq.), so was it paid from the days of Nehemiah (x. 38 [37] seq.) by the church of the second temple. Later there was added over and above, so as to meet the divergent requirement of Deuteronomy, the so-called second tithe, which usually was consumed at Jerusalem, but in every third year was given to the poor (so Deuteronomy xxvi. 12, LXX), and in the end the tithe for the poor was paid separately over and above the first and second (Tobit i. 7, 8; Jos., Ant., iv. 8, 22).

It is absolutely astounding that the tithe which in its proper nature should apply only to products of definite measure, such as corn and wine and oil (Deuteronomy xiv. 23), comes to be extended in the Priestly Code to cattle also, so that besides the male firstlings every tenth head of cattle and of sheep must also be paid to the priests. This demand, however, is not yet met with in Numbers xviii., nor even in Nehemiah x. 38, 39, but first occurs as a novel in Lev. xxvii. 32 (1Samuel viii. 17). Whether it ever came into the actual practice of Judaism seems doubtful; in 2Chronicles xxxi. 6 the tithe of cattle is indeed mentioned, but on the other hand the firstlings are not; in the pre-rabbinical literature no traces of it are discoverable,—especially not in Philo, who knows only of the ordinary tithes due to the Levites, and not of the tithes of cattle due to the priests (De praem. sacerd. 6).