— Footnote 1. For (S#RYM L#KT (xlv. 5), read, with the LXX, #(RYM L#BT "to dwell within the gates." Compare a similar transposition of letters in xiii. 3, LXX. The expression "gates" for "cities" has its origin in Deuteronomy. — Footnote
Thus we have here also a surrender of land to the clergy on the part of the tribes; the comparison with Josh. xxi. is not to be put aside,—all the less, because nowhere else in the Old Testament is anything similar met with. Now Ezekiel is quite transparent, and requires no interpreter but himself. In order that the temple may be protected in its sanctity in the best possible manner, it is placed in the centre of the priestly territory, which in its turn is covered by the city on the south, and by the Levites on the north. At the same time the personnel connected with the function of worship is to dwell as much as possible apart on its own soil and territory, which shall serve them for separate houses to sanctify them, as is expressly remarked for the priests (xiv. 4), and in an inferior degree holds good also, of course, for the Levites beside them. Here everything starts from, and has its explanation in, the temple. Its original is unmistakably the temple of Solomon; its site is beside the capital, in the heart of the sacred centre of the land between Judah and Benjamin; there the sons of Zadok have their abode, and beside them are the Levites whom Josiah had brought up from all the country to Jerusalem. Obviously the motives are not here far to seek. In the Priestly Code, on the other hand, which was not in a position to shape the future freely out of the present, but was compelled to accept archaeological restrictions, the motives are historically concealed and almost paralysed. The result has remained, namely, the holding of separate territory by the clergy, but the cause or the purpose of it can no longer be recognised on account of the sanctuary being now an abstract idea. Jerusalem and the temple, which, properly speaking, occasioned the whole arrangement, are buried in silence with a diligence which is in the highest degree surprising; and on the other hand, in remembrance of the priesthoods scattered everywhere among the high places of Israel in earlier days, forty-eight fresh Levitical cities are created, from which, however, their proper focus, a temple to wit, is withheld only in the circumstance that precisely the thirteen cities of Judah and Benjamin happen to fall to the lot of the sons of Aaron, does the influence of Jerusalem unconsciously betray itself.
V.II.2. Apart from this historical fiction, the other claims that are made for the endowment of the clergy are, however exorbitant, nevertheless practicable and seriously meant. So far as the circumstances of their origin are concerned, two possibilities present themselves. Either the priests demanded what they could hope to obtain, in which case they were actually supreme over the nation, or they set up claims which at the time were neither justified nor even possible; in which case they were not indeed quite sober, yet at the same time so sane prophetically, that centuries afterwards the revenues they dreamed of became in actuality theirs. Is it to be supposed that it was (say) Moses, who encouraged his people as they were struggling for bare life in the wilderness to concern themselves about a superabundantly rich endowment of their clergy? Or is it believed that it was in the period of the judges, when the individual tribes and families of Israel, after having forced their way among the Canaanites, had a hard fight to maintain their position, get somehow settled in their new dwelling-places and surroundings, that the thought first arose of exacting such taxes from a people that was only beginning to grow into a national unity, for an end that was altogether remote from its interest? What power could then have been able in those days, when every man did what was right in his own eyes, to compel the individual to pay? But even when actually, under the pressure of circumstances, a political organisation had arisen which embraced all the tribes, it could hardly have occurred to the priests to utilise the secular arm as a means for giving to themselves a place of sovereignty; and still less could they have succeeded WITHOUT the king on whom they were so completely dependent. In short, the claims they make in the Law would in the pre-exilic period have been regarded as utopian in the strict sense of that word; they allow of explanation only by the circumstances which from the beginning of the Chaldaean rule, and still more that of the Persians, lent themselves to the formation of a hierocracy, to which, as to the truly national and moreover divine authority, the people gave voluntary obedience, and to which the Persians also conceded rights they could not have granted to the family of David. At the very beginning of the exile, Ezekiel begins to augment the revenues of the priests (xliv. 28-30), yet he still confines himself on the whole to the lines of Deuteronomy, and makes no mention of tithes and firstlings. Of the demands of the Priestly Code in their full extent we hear historically in Nehemiah x. for the first time; there it is stated that they were carried through by men who had the authority of Artaxerxes behind them. This was the most difficult and at the same time the most important part of the work Ezra and Nehemiah had to do in introducing the Pentateuch as the law of the Jewish Church; and that is the reason why it is so specially and minutely spoken of. Here plainly lies the material basis of the hierocracy from which the royal throne was ultimately reached.
For all these dues, apart from sacrificial perquisites, flowed into a common coffer, and benefited those who had the control of this, viz., the priestly aristocracy of Jerusalem, whom it helped to rise to a truly princely position. The ordinary priests, and especially the Levites, did not gain by all this wealth. The latter indeed ought, according to law, to have had the tithes, and to have handed over the tithes of these again to the sons of Aaron, but as the general tendency of the time was to depress the Levites, this legal revenue was also gradually withdrawn from them and appropriated by the priests. Afterwards the chief priests claimed the tithes for themselves alone, while their inferior brethren had to suffer severe privation and even hunger itself (Josephus, Ant., xx. 8, 8; 9, 2).
Upon the difference just stated between the later practice and the Law, one argument more has recently been founded against assigning the latter to the Babylonio-Persian period. "Another testimony borne by tradition completely excludes the idea of the Elohistic torah (i.e., the Priestly Code) having been composed by Ezra. As is well known, it is the Elohistic torah that carefully regulates the mutual relations of priests and Levites, while Deuteronomy groups the two together without bringing forward the distinction. It is the former that assigns the tithes to the Levites, while requiring these in their turn to hand over the tithe of their tithes as a due to the priests. Such was also the practice (Nehemiah x. 38 seq.) soon after the exile [i.e., a hundred years later; Nehemiah vii. 5]. But subsequently the payment of the tithes to the Levites fell entirely into disuse; these were rendered immediately and exclusively to the priests, so that Jose ben Hanina actually confesses: "We do not pay the tithes according to the command of God" (Sota, 47b). But everywhere the Talmud refers this practice back to Ezra. Ezra it was who punished the Levites by withdrawal of the tithes, and that because they had not come out from Babylon (Jebam. 386b; Chullin 11b). The point to be noted is that Ezra, according to the testimony of tradition, superseded a precept of the Elohistic torah, supporting himself in this perhaps by reference to the Deuteronomic torah." So Delitzsch in the Zeitschr. fuer luth. Theol., 1877, p. 448 seq. That Ezra is not the author of the Priestly Code may readily be granted—only not on such an argument as this. If the genuine historical tradition expressly names Ezra as the man who introduced the Levites' tithe just as prescribed by law (Nehemiah x. 38 seq.), what conscientious man can attach any weight to the opposite assertion of the Talmud ?
But, even assuming that the divergence of practice from the legal statute actually does go back to the time of Ezra, what would follow from that against the post-exilic origin of the Priestly Code? For this is what the question comes to, not to Ezra's authorship, which is made the main point by a mere piece of transparent controversial tactics. The demands of the Priestly Code, which demonstrably were neither laid down, nor in any sense acted on before the exile, attained the force of law one hundred years after the return from Babylon (Nehemiah x.); the whole taxation system of Judaism ever afterwards rested upon it;- - shall this be held to have no meaning as against the trifling circumstance that the tithe also was indeed paid to the clergy, in full accordance with the Priestly Code, and inconsistently with ancient custom, but paid to the higher, and not to the lower order?
In point of fact any other difference whatever between Jewish practice and the Law might better have been adduced against the thesis of Graf,—for example, the absence of Urim and Thummim (Nehemiah vii. 65), or of the forty-eight Levitical cities, the church of the returned exiles instead of that of the twelve tribes of Israel, the second temple instead of the tabernacle, Ezra instead of Moses, the sons of Zadok instead of the sons of Aaron, the absence of the other marks of Mosaicity. For the position of the Levites is the Achilles heel of the Priestly Code. If the Levites at a later date were still further lowered beneath the priests, and put into a worse position in favour of these, this nevertheless presupposes the distinction between the two; let it first then be shown that the distinction is known to the genuine Old Testament, and that, in particular, it is introduced by Ezekiel not as a new thing, but as of immemorial antiquity. Or is the primary fact that the separation between priests and Levites was set up only in the Priestly Code and in Judaism, and that its genesis can be traced with confidence from the time of Josiah downwards, a fact of less importance than the secondary one that the distinction extended itself somewhat further still in the subsequent development of Judaism ?
B. HISTORY OF TRADITION.
PLEON (HMISU PANTOS— Hesiod <Op. 40>