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Deut. v. 1-21.

As the fourth chapter belongs to the speech which concludes the legislative portion of Deuteronomy both in contents and language (see Chapter XXIII.), we shall pass on now to the fifth chapter, which begins with a recital of the Decalogue. As has already been pointed out, the main trunk of the Book of Deuteronomy is a repetition and expansion of the Law of the Covenant contained in Exod. xx.-xxiii.2222See this brought out in detail in Robertson Smith, Old Testament in Jewish Church, p. 431. Now, both in Exodus and Deuteronomy, before the more general and detailed legislation, we have the Decalogue, or the Ten Words, as it is called, in substantially the same form; and the question immediately arises as to the age at which this beautifully systematised and organised code of fundamental laws came into existence. Whatever its origin, it is an exceedingly remarkable document. It touches the fundamental principles of religious and moral life with so sure a hand that at this hour, for even the most civilised nations, it sums up the moral code, and that so effectively that no change or extension of it has ever been proposed. That being its character, it becomes a question of exceeding interest to decide whether it can justly be referred to so early a time as the days of Moses. In both the passages where it occurs it is represented as61 having been given to the people at Horeb by Yahweh Himself, and it is made the earliest and most fundamental part of the covenant between Him and Israel. It would accordingly seem as if a claim were made for it as a specially early and specially sacred law. Now, much as critics have denied, there have been found very few who deny that in the main some such law as this must have been given to Israel in Moses' day. Even Kuenen admits as much as that in his History of the Religion of Israel. The only commandment of the ten he has difficulty in accepting is the second, which forbids the making of any graven image for worship. That, he thinks, cannot have been in the original Decalogue, not because of any peculiarity of language, or because of any incoherency in composition, but simply because he cannot believe that at that early day the religion of Yahweh could have been so spiritual as to demand the prohibition of images. But his reasons are extremely inadequate; more especially as he admits that the Ark was the Mosaic Sanctuary, and that in it there was no image, as there was none in the Temple at Jerusalem. That Yahweh was worshipped under the form of a calf at Horeb, and afterwards in Northern Israel at Bethel and elsewhere, proves nothing. A law does not forthwith extinguish that against which it is directed, for idolatry continued even after Deuteronomy was accepted as the law. Moreover, if, as Kuenen thinks, calf-worship had existed in Israel before Moses, it was not unnatural that it took centuries before the higher view superseded the lower. Even by Christianity the ancient superstitions and religious practices of heathenism were not thoroughly overcome for centuries. Indeed in many places they have not yet been entirely suppressed. Nor does Wellhausen2323Wellhausen, Prolegomena, p. 439. make a better case for a late Decalogue. His hesitation about it is most remarkable,62 and the reasons he gives for tending to think it may be late are singularly unsatisfactory. His first reason is that "according to Exodus xxxiv. the commandments which stood upon the two tables were quite different." He relies on the words in ver. 28 of that chapter—"And he (Moses) was there with the Lord forty days and forty nights; he did neither eat bread nor drink water. And he wrote upon the tables the words of the covenant, the ten words"—taking them to imply that the immediately preceding commandments, which are of the same ritual character with those which follow the Decalogue in Exodus xx., are here called the ten words. But it is not necessary to take the passage so. According to ver. 1 it was Yahweh who was to write the words on the tables, and we cannot suppose that so flagrant a contradiction should occur in a single chapter as that here it should be said that Moses wrote the tables. Yahweh, who is mentioned in the previous verse, must therefore be the subject of wayyikhtobh (ver. 28), and the ten words consequently are different from the words (up to ver. 27) which Yahweh commanded Moses to write, somewhere, but not on the tables. Besides, every one who attempts to make ten words of the commands before ver. 27 brings out a different result, and that of itself, as Dillmann says, is sufficient to show that the second Decalogue in chapter xxxiv. is entirely fanciful. Wellhausen's second reason is this: "The prohibition of images was quite unknown during the other period: Moses himself is said to have made a brazen serpent, which down to Hezekiah's time continued to be worshipped as an image of Jehovah." But the Decalogue does not prohibit the making of every image; it prohibits the making of images for worship. Therefore Moses might quite well have made a figure of a serpent, even though he wrote the Decalogue, if it was not meant for worship. But there63 is nothing said to lead us to believe that the serpent was regarded as an image of Yahweh. Indeed the very contrary is asserted; and if Israel in later times made a bad use of this ancient relic of a great deliverance, Moses can hardly be held responsible for that. In the third place, Wellhausen says: "The essentially and necessarily national character of the older phases of the religion of Yahweh completely disappears in the quite universal code of morals which is given in the Decalogue as the fundamental law of Israel; but the entire series of religious personalities throughout the period of the Judges and Kings—from Deborah, who praised Jael's treacherous act of murder, to David, who treated his prisoners of war with the utmost cruelty—make it very difficult to believe that the religion of Israel was from the outset one of a specifically moral character." Surely this is very feeble criticism. On the same grounds we might declare, because of the Massacre of St. Bartholomew, or on account of Napoleon's reported poisoning of his own wounded at Acre, that Christianity was not a religion of a "specifically moral character" at this present moment. Surely the facts that people never live at the level of their ideals, and that the lifting of a nation's life is a process which is as slow as the raising of the level of the delta of the Nile, should be too familiar to permit any one to be misled by difficulties of this kind. Nor is his last ground in any degree more convincing. "It is extremely doubtful," he says, "whether the actual monotheism which is undoubtedly presupposed in the universal moral precepts of the Decalogue could have formed the foundation of a national religion. It was first developed out of the national religion at the downfall of the nation." The obvious reply is that this is a petitio principii. The whole debate in regard to this question is whether Moses was a monotheist, or at least the founder of a religion which was64 implicitly monotheistic from the beginning; and the date of the Decalogue is interesting mainly because of the light it would throw upon that question. To decide this date therefore by the assertion that, being monotheistic, the Decalogue cannot be Mosaic, is to assume the very thing in dispute. Wellhausen himself, elsewhere (p. 434), seems to favour the opposite view. In speaking of what Moses did for Israel he says that through "the Torah," in the sense of decisions given by lot from the Ark, "he gave a definite positive expression to their sense of nationality and their idea of God. Yahweh was not merely the God of Israel; as such He was the God at once of Law and of Justice, the basis, the informing principle, and the implied postulate of their national consciousness"; and again (p. 438), "As God of the nation Yahweh became the God of Justice and of Right; as God of Justice and Right, He came to be thought of as the highest, and at last as the only power in heaven and earth." In the Mosaic conception of God, therefore, Wellhausen himself being witness, there lay implicitly, perhaps even explicitly, the conception of Yahweh as "the only power in heaven and earth." In that case, is it reasonable to put the Decalogue late, because being moral it is universal, and so implies monotheism?

But there is still other, and perhaps stronger evidence, that the universality of the Decalogue is no indication of a late date. On the contrary it would seem, from Professor Muirhead's account of the Roman fas, that universality in legal precept may be a mark of very primitive laws. Speaking of Rome in its earliest stages of growth, when the circumstances of the people in very many respects resembled those of the Hebrews in Mosaic times,2424Ency. Brit., vol. xx., p. 670. he says: "We look in vain for, and it would be65 absurd to expect, any definite system of law in those early times. What passed for it was a composite of fas, jus, and boni mores, whose several limits and characteristics it is extremely difficult to define." He then proceeds to describe fas: "By fas was understood the will of the gods, the laws given by Heaven for men on earth, much of it regulative of ceremonial, but a by no means insignificant part embodying rules of conduct. It appears to have had a wider range than jus. There were few of its commands, prohibitions, or precepts that were addressed to men as citizens of any particular state; all mankind came within its scope. It forbade that a war should be undertaken without the prescribed fetial ceremonial, and required that faith should be kept with even an enemy—when a promise had been made to him under sanction of an oath. It enjoined hospitality to foreigners, because the stranger guest was presumed, equally with his entertainer, to be an object of solicitude to a higher power. It punished murder, for it was the taking of a God-given life; the sale of a wife by her husband, for she had become his partner in all things human and Divine; the lifting of a hand against a parent, for it was subversive of the first bond of society and religion, the reverence due by a child to those to whom he owed his existence; incestuous connections, for they defiled the altar; the false oath, and the broken vow, for they were an insult to the divinities invoked," etc. In fact, the Roman fas had much the same character as the Decalogue and the legislation of the first code (Exod. xx.-xxiii.). Consequently those who have thought that all early legislation must be concrete, narrow, particularistic, bounded at widest by the direct needs of the men making up the clan, tribe, or petty nationality, are wrong. The early history of law shows that, along with that, there is also a demand for some expression of the laws of life seen66 from the point of view of man's relation to God. That fact greatly strengthens the case for the early date of the Decalogue. For practically it is the Hebrew fas. If it has a higher tone and a wider sweep, if it provides a framework into which human duty can, even now, without undue stretching of it, be securely fitted, that is only what we should expect, if God was working in the history and development of this nation as nowhere else in the world. In short, the history of primitive Roman law shows that, without inspiration, a feeble wavering step would have been taken to the development of a code of moral duty, within the scope of which all mankind should come. With inspiration, surely this effort would also be made, and made with a success not elsewhere attained.

In none of the reasons which have been advanced, therefore, is there anything to set against the Biblical statement that the ten words were older and more sacred than any other portion of the Israelite legislation, and that they were Mosaic in origin. The universal hesitation shown by the greater among the most advanced critics in definitely removing the Decalogue from the foundations of Israel's history, although its presence there is so great an embarrassment to them, lets us see how strong the case for the Mosaic origin is, and assures us that the evidence is all in favour of this view.

But if it be Mosaic, at first sight the conclusion would seem to be that the form of the Decalogue given in Exodus is the more ancient, and that the text in Deuteronomy is a later and somewhat extended version of that. Closer examination, however, tends to suggest that the original ten words, in their Mosaic form, differed from any of the texts we have, and that of these the Exodus text in its present form is later than that in Deuteronomy. The great difference in length between the two halves of the Decalogue suggests the probability that originally all the67 commandments were short, and much the same in style and character as the last half, "Thou shalt not steal," and so on. Further, when the reasons and inducements given for the observance of the longer commands are set aside, just such short commands are left to us as we find in the second table. Lastly, differences between the versions in Exodus and Deuteronomy occur in almost every case in those parts of the text which may be regarded as appendices. In fact there are only two variations in the proper text of the commands. In the fourth, we have in Exodus "Remember the Sabbath day," while in Deuteronomy we have "Observe the Sabbath day"; but the meaning is the same in both cases. In the tenth, in Exodus the command is "Thou shalt not covet thy neighbour's house"; and the "house" is explained by the succeeding clause, "Thou shalt not covet thy neighbour's wife, nor his manservant," etc., to mean "household" in its widest sense. In Deuteronomy the old meaning of "house" as household and goods has fallen out of use, and the component parts of the neighbour's household possessions are named, beginning with his wife. Then follows the "house" in its narrow meaning, as the mere dwelling, grouped along with the slaves and cattle, and with tithawweh substituted in Hebrew for tachmodh. Fundamentally therefore the two recensions are the same. Even in the reasons and explanations there is only one really important variation. In Exod. xx. 11 the reason for the observance of the fourth commandment is stated thus: "For in six days Yahweh made heaven and earth, the sea and all that in them is, and rested the seventh day; therefore Yahweh blessed the Sabbath day, and hallowed it." In Deuteronomy, on the other hand, that reason is omitted, and in its place we find this: "And thou shalt remember that thou wast a servant in the land of Egypt, and Yahweh thy God brought thee out thence by68 a mighty hand, and by a stretched out arm; therefore Yahweh thy God commanded thee to keep the Sabbath." Now if the reference to the creation had formed part of the original text of the Decalogue in the days of the author of Deuteronomy, if he had that before him as actually spoken by Yahweh, it is difficult to believe that he would have left it out and substituted another reason in its stead. He would have no object in doing so, for he could have added his own reason after that given in Exodus, had he so desired. It is likely, therefore, that in the original text no reason appeared; that Deuteronomy first added a reason; while ver. 11 in Exod. xx. was probably inserted there from a combination of Exod. xxxi. 17 b and Gen. ii. 2 b,—"For in six days Yahweh made heaven and earth, and on the seventh day He rested and was refreshed"; "and He rested on the seventh day from all His work which He had made." Both these texts belong to P and differ in style altogether from JE, with whose language all the rest of the setting of the Decalogue corresponds. On these suppositions Exod. xx. 11 would necessarily be the latest part of the two texts. Originally, therefore, the Mosaic commands probably ran thus:—

"I am Yahweh thy God, which brought thee out of the land of Egypt, out of the house of bondage.

"I. Thou shalt not have any other gods before Me.

"II. Thou shalt not make unto thee any graven image.

"III. Thou shalt not take the name of Yahweh thy God in vain.

"IV. Remember (or Keep) the day of rest to sanctify it.

"V. Honour thy father and thy mother.

"VI. Thou shalt not kill.

"VII. Thou shalt not commit adultery.

"VIII. Thou shalt not steal.


"IX. Thou shalt not bear false witness against thy neighbour.

"X. Thou shalt not covet thy neighbour's house."

In that shape they contain everything that is fundamentally important, and exhibit the foundations of the Mosaic religion and polity in an entirely satisfactory and credible form.

But, before passing on to consider the substance of the Decalogue, it will be worth our while to consider what the full significance of these differing recensions of the Decalogue is. In both places the words are quoted directly as having been spoken by Yahweh to the people, and they are introduced by the quoting word "saying." Now if we do not wish to square what we read with any theory, the slight divergences between the two recensions need not trouble us, for we have the substance of what was said, and in the main the very words, and that is really all we need to be assured of. But if, on the contrary, we are going to insist that, this being part of an inspired book, every word must be pressed with the accuracy of a masoretic scribe, then we are brought into inextricable difficulties. It cannot be true that at Horeb Yahweh said two different things on this special occasion. One or both of these accounts must be inaccurate, in the pedantic sense of accuracy, and yet both have the same claim to be inspired. In fact both are inspired; it is the theory of inspiration which demands for revelation this kind of accuracy that must go to the wall.

It will be seen that this instance is very instructive as to the method of the ancient Hebrews in dealing with legislation which was firmly held to be Mosaic, or even directly Divine. If we are right in holding that originally the ten words were, as we have supposed, limited to definite short commands, this example teaches us that where there could be no question of deceit, or even an70 object for deceiving, additions calculated to meet the needs and defects of the particular period at which the laws are written down, are inserted without any hint that they did not form part of the original document. If this has been done, even to the extent we have seen reason to infer, in a small, carefully ordered, and specially ancient and sacred code, how much more freely may we expect the same thing to have been done in the looser and more fluid regulations of the large political and ceremonial codes, which on any supposition were posterior, and much less fundamental and sacred. That there is for us something disappointing, and even slightly questionable, in such action is really nothing to the purpose. We have to learn from the actual facts of revelation how revelation may be, or perhaps even must be, conveyed; and we cannot too soon learn the lesson that to a singular degree, and in many other directions than their notions of accuracy, the ancient mind differs from the modern mind, and that at any period there is a great gulf to be crossed before a Western mind can get into any intimate and sure rapport with an Eastern mind.

One other thing is noteworthy. Wellhausen has already been quoted as to the quite universal and moral character of the Decalogue; and his view, that a code so free from merely local and ceremonial provisions can hardly be Mosaic, has been discussed. But, while rejecting his conclusion, we must adhere to his premisses. By emphasising the universal nature of the ten commandments, and by showing that they preceded the ceremonial law by many centuries, the critical school have cut away the ground from under the semi-antinomian views once so prevalent, and always so popular, with those who call themselves advanced thinkers. It is now no longer possible to maintain that the Decalogue was part of a purely Jewish law, binding only upon Jews and passing71 away at the advent of Christianity as the ceremonial law did. Of course this view was never really taken seriously in reference to murder or theft; but it has always been a strong point with those who have wished to secularise the Sunday. Now if the advanced critical position be in any degree true, then the ten commandments stand quite separate from the ceremonial law, have nothing in common with it, and are handed down to us in a document written before the conception even of a binding ceremonial law had dawned upon the mind of any man in Israel. Nor is there anything ceremonial or Jewish in the command, Remember or Observe the rest-day to keep it holy. In the reasons given in Exodus and Deuteronomy we have the two principles which make this a moral and universal command—the necessity for rest, and the necessity of an opportunity to cultivate the spiritual nature. Nothing indeed is said about worship; but it lies in the nature of the case that if secular work was rigorously forbidden, mere slothful abstinence from activity cannot have been all that was meant. Worship, and instruction in the things of the higher life, must certainly have been practised in such a nation as Israel on such a day; and we may therefore say that they were intended by this commandment. Understood in that way, the fourth commandment shows a delicate perception of the conditions of the higher life, which surpasses even the prohibition of covetousness in the tenth. In the words of a working man who was advocating its observance, "It gives God a chance"; that is, it gives man the leisure to attend to God. But the moral point of view which it implies is so high, and so difficult of attainment, that it is only now that the nations of Europe are awaking to the inestimable moral benefits of the Sabbath they have despised. Because of this difficulty too, many who think themselves to be leaders in the path of improvement, and72 are esteemed by others to be so, are never weary of trying to weaken the moral consciousness of the people, until they can steal this benefit away, on the ground that Sabbath-keeping is a mere ceremonial observance. So far from being that, it is a moral duty of the highest type; and the danger in which it seems at times to stand is due mainly to the fact that to appreciate it needs a far more trained and sincere conscience than most of us can bring to the consideration of it.

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