1. Hindu Law Books:
The following sentences from Maine's Early Law and Custom form a suggestive introduction to any consideration of the character of the Pentateuch:
"The theory upon which these schools of learned men worked, from the ancient, perhaps very ancient, Apastamba and Gautama to the late Manu and the still later Narada, is perhaps still held by some persons of earnest religious convictions, but in time now buried it affected every walk of thought. The fundamental assumption is that a sacred or inspired literature being once believed to exist, all knowledge is contained in it. The Hindu way of putting it was, and is, not simply that the Scripture is true, but that everything which is true is contained in the Scripture. .... It is to be observed that such a theory, firmly held during the infancy of systematic thought, tends to work itself into fact. As the human mind advances, accumulating observation and accumulating reflection, nascent philosophy and dawning science are read into the sacred literature, while they are at the same time limited by the ruling ideas of its priestly authors. But as the mass of this literature grows through the additions made to it by successive expositors, it gradually specializes itself, and subjects, at first mixed together under vague general conceptions, become separated from one another and isolated. In the history of law the most important early specialization is that which separates what a man ought to do from what he ought to know. A great part of the religious literature, including the Creation of the Universe, the structure of Heaven, Hell, and the World or Worlds, and the nature of the Gods, falls under the last head, what a man ought to know. Law-books first appear as a subdivision of the first branch, what a man should do. Thus the most ancient books of this class are short manuals of conduct for an Aryan Hindu who would lead a perfect life. They contain much more ritual than law, a great deal more about the impurity caused by touching impure things than about crime, a great deal more about penances than about punishments" (pp. 16-18).
It is impossible not to see the resemblances to the Pentateuch that these sentences suggest. Particularly interesting is the commentary they provide on the attitude of Moses toward knowledge: "The secret things belong unto Yahweh our God; but the things that are revealed belong unto us and to our children for ever, that we may do all the words of this law" (De 29:29).
But if the Pentateuch has significant resemblances to other old law books, there are differences that are even more significant.
2. Differences:
"By an act that is unparalleled in history a God took to Himself a people by means of a sworn agreement. Some words that are fundamental for our purpose must be quoted from the offer; `Now, therefore, if ye will obey my voice indeed, and keep my covenant, then ye shall be mine own possession from among all peoples: for all the earth is mine: and ye shall be unto me a kingdom of priests and a holy nation.' The views here expressed dominate the legislation. Holiness--the correlative holiness to which the Israelites must attain because the Lord their God is holy--embraces much that is not germane to our subject, but it also covers the whole field of national and individual righteousness. The duty to God that is laid upon the Israelites in these words is a duty that has practical consequences in every phase of social life. I have already quoted a sentence from Sir Henry Maine in which he speaks of the uniformity with which religion and law are implicated in archaic legislation. There is a stage in human development where life is generally seen whole, and it is to this stage that the Pentateuch belongs. But no other legislation so takes up one department of man's life after another and impresses on them all the relationship of God and people. Perhaps nothing will so clearly bring out my meaning as a statement of some of the more fundamental differences between the Pentateuchal legislation and the old Indian law-books which often provide excellent parallels to it. Those to which I desire to draw particular attention are as follows: The Indian law-books have no idea of national (as distinct from individual) righteousness--a conception that entered the world with the Mosaic legislation and has perhaps not made very much progress there since. There is no personal God: hence, His personal interest in righteousness is lacking: hence, too, there can be no relationship between God and people: and while there is a supernatural element in the contemplated results of human actions, there is nothing that can in the slightest degree compare with the Personal Divine intervention that is so often promised in the Pentateuchal laws. The caste system, like Hammurabi's class system, leads to distinctions that are always inequitable. The conception of loving one's neighbour and one's sojourner as oneself are alike lacking. The systematic provisions for poor relief are absent, and the legislation is generally on a lower ethical and moral level, while some of the penalties are distinguished by the most perverted and barbarous cruelty. All these points are embraced in the special relationship of the One God and the peculiar treasure with its resulting need for national and individual holiness" (PS, 330 f).
3. Holiness:
These sentences indicate some of the most interesting of the distinguishing features of the Pentateuch--its national character, its catholic view of life, its attitude toward the Divine, and some at any rate of its most peculiar teachings. It is worth noting that Judaism, the oldest of the religions which it has influenced, attaches particular importance to one chapter, Le 19:1-37. The keynote of that chapter is the command: `Holy shall ye be, for holy am I the Lord your God'--to preserve the order and emphasis of the original words. This has been called the Jew's imitatio Dei, though a few moments' reflection shows that the use of the word "imitation" is here inaccurate. Now this book with this teaching has exercised a unique influence on the world's history, for it must be remembered that Judaism, Christianity and Islam spring ultimately from its teachings, and it is impossible to sever it from the history of the "people of the book"--as Mohammed called them. It appears then that it possesses in some unique way both an intensely national and an intensely universal character and a few words must be said as to this.
4. The Universal Aspect:
The great literary qualities of the work have undoubtedly been an important factor. All readers have felt the fascination of the stories of Genesis. The Jewish character has also counted for much; so again have the moral and ethical doctrines, and the miraculous and unprecedented nature of the events narrated. And yet there is much that might have been thought to militate against the book's obtaining any wide influence. Apart from some phrases about all the families of the earth being blessed (or blessing themselves) in the seed of Abraham, there is very little in its direct teaching to suggest that it was ever intended to be of universal application. Possibly these phrases only mean that other nations will use Israel as a typical example of greatness and happiness and pray that they may attain an equal degree of glory and prosperity. Moreover, the Pentateuch provides for a sacrificial system that has long ceased to exist, and a corpus of jural law that has not been adopted by other peoples. Of its most characteristic requirement--holiness--large elements are rejected by all save its own people. Wherein then lies its universal element? How came this the most intensely national of books to exercise a world-wide and ever-growing influence? The reason lies in the very first sentence: "In the beginning God created the heavens and the earth." This doctrine of the unity of an Almighty God is the answer to our question. Teach that there is a God and One Only All-powerful God, and the book that tells of Him acquires a message to all His creatures.
5. The National Aspect:
Of the national character of the work something has already been said. It is remarkable that for its own people it has in very truth contained life and length of days, for it has been in and through that book that the Jews have maintained themselves throughout their unique history. If it be asked wherein the secret of this strength lies, the answer is in the combination of the national and the religious. The course of history must have been entirely different if the Pentateuch had not been the book of the people long before the Jews became the people of the book.
LITERATURE.
The current critical view is set forth in vast numbers of books. The following may be mentioned: LOT; Cornill's Introduction to the Canonical Books of the Old Testament; Carpenter and Harford-Battersby's Hexateuch (a 2nd edition of the Introduction without the text has been published as The Composition of the Hexateuch); the volumes of the ICC, Westminster Comms. and Century Bible. Slightly less thoroughgoing views are put forward in the German Introductions of Konig (1893), Baudissin (1901), Sellin (1910); and Geden, Outlines of Introduction to the Hebrew Bible (1909); Kittel, Scientific Study of the Old Testament (English translation, 1910); Eerdm. has entirely divergent critical views; POT; TMH, I, and W. Moller, Are the Critics Right? and Wider den Bann der Quellenscheidung; Robertson, Early Religion of Israel; Van Hoonacker, Lieu du culte, and Sacerdoce levitique are all much more conservative and valuable. J.H. Raven, Old Testament Intro, gives a good presentation of the most conservative case. The views taken in this article are represented by SBL, EPC, OP, PS, Troelstra, The Name of God, and in some matters, TMH, I.
Harold M. Wiener