Two other points in connexion with H are of considerable importance: (a) the possibility of other remains of H, and (b) its relation to Deuteronomy and Ezekiel.
(a) It is generally recognized that H, in its present form, is incomplete. The original code must, it is felt, have included many other subjects now passed over in silence. These, possibly, were omitted by the compiler of P, because they had already been dealt with elsewhere, or they may have been transferred to other connexions. This latter possibility is one that has appealed to many scholars, who have accordingly claimed many other passages of P as parts of H. We have already accepted xi. 43 ff. as an undoubted excerpt from H, but, with the exception of Num. xv. 37-41 (on fringes), the other passages of the Hexateuch which have been attributed to H do not furnish sufficient evidence to justify us in assigning them to that collection. Moore (Ency. Bibl. col. 2787) rightly points out that “resemblance in the subject or formulation of laws to tōrōth incorporated in H may point to a relation to the sources of H, but is not evidence that these laws were ever included in that collection.”
(b) The exact relation of H to Deuteronomy and Ezekiel is hard to determine. That chaps. xvii.-xxvi. display a marked affinity to Deuteronomy cannot be denied. Like D, they lay great stress on the duties of humanity and charity both to the Israelite and to the stranger (Deut. xxiv.; Lev. xix.; compare also laws affecting the poor in Deut. xv.; Lev. xxv.), but in some respects the legislation of H appears to reflect a more advanced stage than that of D, e.g. the rules for the priesthood (chap. xxi.), the feasts (xxiii. 9-20, 39-43), the Sabbatical year (xxv. 1-7, 18-22), weights and measures (xix. 35 f.). It must be remembered, however, that these laws have passed through more than one stage of revision and that the original regulations have been much obscured by later glosses and additions; it is therefore somewhat hazardous to base any argument on their present form. “The mutual independence of the two (codes) is rather to be argued from the absence of laws identically formulated, the lack of agreement in order either in the whole or in smaller portions, and the fact that of the peculiar motives and phrases of RD there is no trace in H (Lev. xxiii. 40 is almost solitary). It is an unwarranted assumption that all the fragments of Israelite legislation which have been preserved lie in one serial development” (Moore, Ency. Bibl. col. 2790).
The relation of H to Ezekiel is remarkably close, the resemblances between the two being so striking that many writers have regarded Ezekiel as the author of H. Such a theory, however, is excluded by the existence of even greater differences of style and matter, so that the main problem to be decided is whether Ezekiel is prior to H or vice versa. The main arguments brought forward by those who maintain the priority of Ezekiel are (1) the fact that H makes mention of a high priest, whereas Ezekiel betrays no knowledge of such an official, and (2) that the author of Lev. xxvi. presupposes a condition of exile and looks forward to a restoration from it. Too much weight, however, must not be attached to these points; for (1) the phrase used in Lev. xxi. 10 (literally, “he who is greater than his brethren”) cannot be regarded as the equivalent of the definitive “chief priest” of P, and is rather comparable with the usage of 2 Kings xxii. 4 ff., xxv. 18 (“the chief priest”), cf. “the priest” in xi. 9 ff., xvi. 10 ff.; and (2) the passages in Lev. xxvi. (vv. 34 f., 39-45), which are especially cited in support of the exilic standpoint of the writer, are just those which, on other grounds, show signs of later interpolation. The following considerations undoubtedly suggest the priority of H: (1) there is no trace in H of the distinction between priests and Levites first introduced by Ezekiel; (2) Ezekiel xviii., xx., xxii., xxiii. appear to presuppose the laws of Lev. xviii.-xx.; (3) the calendar of Lev. xxiii. represents an earlier stage of development than the fixed days and months of Ezek. xlv.; (4) the sin- and trespass-offerings are not mentioned in H (cf. Ezek. xl. 39, xlii. 13, xliv. 29, xlvi. 20); (5) the parallels to H, which are found especially in Ezek. xviii., xx., xxii. f., include both the paraenetic setting and the laws; and lastly, (6) a comparison of Lev. xxvi. with Ezekiel points to the greater originality of the former. Baentsch, however, who is followed by Bertholet, adopts the view that Lev. xxvi. is rather an independent hortatory discourse modelled on Ezekiel. The same writer further maintains that H consists of three separate elements, viz. chaps. xvii.; xviii.-xx., with various ordinances in chaps. xxiii.-xxv.; and xxii., xxiii., of which the last is certainly later than Ezekiel, while the second is in the main prior to that author. But the arguments which he adduces in favour of the threefold origin of H are not sufficient to outweigh the general impression of unity which the code presents.
Chap. xvii. comprises four main sections which are clearly marked off by similar introductory and closing formulae: (1) vv. 3-7, prohibition of the slaughter of domestic animals, unless they are presented to Yahweh; (2) vv. 8, 9, sacrifices to be offered to Yahweh alone; (3) vv. 10-12, prohibition of the eating of blood; (4) vv. 13, 14, the blood of animals not used in sacrifice to be poured on the ground. The chapter as a whole is to be assigned to H. At the same time it exhibits many marks of affinity with P, a phenomenon most easily explained by the supposition that older laws of H have been expanded and modified by later hands in the spirit of P. Clear instances of such revision may be seen in the references to “the door of the tent of meeting” (vv. 4, 5, 6, 9) and “the camp” (v. 3), as well as in vv. 6, 11, 12-14; vv. 15, 16 (prohibiting the eating of animals that die a natural death or are torn by beasts) differ formally from the preceding paragraphs, and are to be assigned to P. What remains after the excision of later additions, however, is not entirely uniform, and points to earlier editorial work on the part of the compiler of H. Thus vv. 3-7 reflect two points of view, vv. 3, 4 drawing a contrast between profane slaughter and sacrifice, while vv. 5-7 distinguish between sacrifices offered to Yahweh and those offered to demons.
Chap. xviii. contains laws on prohibited marriages (vv. 6-18) and various acts of unchastity (vv. 19-23) embedded in a paraenetic setting (vv. 1-5 and 24-30), the laws being given in the 2nd pers. sing., while the framework employs the 2nd pers. plural. With the exception of v. 21 (on Molech worship), which is here out of place, and has possibly been introduced from xx. 2-5, the chapter displays all the characteristics of H.
Chap. xix. is a collection of miscellaneous laws, partly moral, partly religious, of which the fundamental principle is stated in v. 2 (“Ye shall be holy”). The various laws are clearly defined by the formula “I am Yahweh,” or “I am Yahweh your God,” phrases which are especially characteristic of chaps. xviii.-xx. The first group of laws (vv. 3 f.) corresponds to the first table of the decalogue, while vv. 11-18 are analogous to the second table; vv. 5-8 (on peace-offerings) are obviously out of place here, and are possibly to be restored to the cognate passage xxii. 29 f., while the humanitarian provisions of vv. 9 and 10 (cf. xxiii. 22) have no connexion with the immediate context; similarly v. 20 (to which a later redactor has added vv. 21, 22, in accordance with vi. 6 f.) appears to be a fragment from a penal code; the passage resembles Exod. xxi. 7 ff., and the offence is clearly one against property, the omission of the punishment being possibly due to the redactor who added vv. 21, 22.
Chap. xx. Prohibitions against Molech worship, vv. 2-5, witchcraft, vv. 6 and 27, unlawful marriages and acts of unchastity, vv. 10-21. Like chap. xviii., the main body of laws is provided with a paraenetic setting, vv. 7, 8 and 22-24; it differs from that chapter, however, in prescribing the death penalty in each case for disobedience. Owing to the close resemblance between the two chapters, many critics have assumed that they are derived from the same source and that the latter chapter was added for the purpose of supplying the penalties. This view, however, is not borne out by a comparison of the two chapters, for four of the cases mentioned in chap. xviii. (vv. 7, 10, 17b, 18) are ignored in chap. xx., while the order and in part the terminology are also different; further, it is difficult on this view to explain why the two chapters are separated by chap. xix. A more probable explanation is that the compiler of H has drawn from two parallel, but independent, sources. Signs of revision are not lacking, especially in vv. 2-5, where vv. 4 f. are a later addition intended to reconcile the inconsistency of v. 2 with v. 3 (RH); v. 6, which is closely connected with xix. 31, appears to be less original than v. 27, and may be ascribed to the same hand as v. 3; v. 9 can hardly be in its original context—it would be more suitable after xxiv. 15. The paraenetic setting (vv. 7, 8 and 22-24) is to be assigned to the compiler of H, who doubtless prefaced the parallel version with the additional laws of vv. 2-6. Verses 25, 26 apparently formed the conclusion of a law on clean and unclean animals similar to that of chap. xi., and very probably mark the place where H’s regulations on that subject originally stood.
Chaps. xxi., xxii. A series of laws affecting the priests and offerings, viz. (1) regulations ensuring the holiness of (a) ordinary priests, xxi. 1-9, and (b) the chief priest, vv. 10-15; (2) a list of physical defects which exclude a priest from exercising his office, vv. 16-24; (3) the enjoyment of sacred offerings limited to (a) priests, if they are ceremonially clean, xxi. 1-9, and (b) members of a priestly family, vv. 10-16; (4) animals offered in sacrifice must be without blemish, vv. 17-25; (5) further regulations with regard to sacrifices, vv. 26-30, with a paraenetic conclusion, vv. 31-33.
These chapters present considerable difficulty to the literary critic; for while they clearly illustrate the application of the principle of “holiness,” and in the main exhibit the characteristic phraseology of H, they also display many striking points of contact with P and the later strata of P, which have been closely interwoven into the original laws. These phenomena can be best explained by the supposition that we have here a body of old laws which have been subjected to more than one revision. The nature of the subjects with which they deal is one that naturally appealed to the priestly schools, and owing to this fact the laws were especially liable to modification and expansion at the hands of later legislators who wished to bring them into conformity with later usage. Signs of such revision may be traced back to the compiler of H, but the evidence shows that the process must have been continued down to the latest period of editorial activity in connexion with P. To redactors of the school of P belong such phrases as “the sons of Aaron” (xxi. 1, 24, xxii. 2, 18), “the seed of Aaron” (xxi. 21, xxii. 4 and “thy seed,” v. 17; cf. xxii. 3), “the offerings of the Lord made by fire” (xxi. 6, 21, xxii. 22, 27), “the most holy things” (xxi. 22; cf. xxii. 3 ff. “holy things” only), “throughout their (or your) generations” (xxi. 7, xxii. 3), the references to the anointing of Aaron (xxi. 10, 12) and the Veil (xxi. 23), the introductory formulae (xxi. 1, 16 f., xxii. 1 f., 17 f., 26) and the subscription (xxi. 24). Apart from these redactional additions, chap. xxi. is to be ascribed to H, vv. 6 and 8 being possibly the work of RH. Most critics detect a stronger influence of P in chap. xxii., more especially in vv. 3-7 and 17-25, 29, 30; most probably these verses have been largely recast and expanded by later editors, but it is noticeable that they contain no mention of either sin- or trespass-offerings.