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This brings us to the most difficult and most important of all the questions arising in connection with Ezekiel’s vision—What is its relation to the Pentateuchal Legislation? It is obvious at once that the significance of this section of the book of Ezekiel is immensely enhanced if we accept the conclusion to which the critical study of the Old Testament has been steadily driven, that in the chapters before us we have the first outline of that great conception of a theocratic constitution which attained its finished expression in the priestly regulations of the middle books of the Pentateuch. The discussion of this subject is so intricate, so far‐reaching in its consequences, and ranges over so wide an historical field, that one is tempted to leave it in the hands of those who have addressed themselves to its special treatment, and to try to get on as best one may without assuming a definite attitude on one side or the other. But the student of Ezekiel cannot altogether evade it. Again and again the question will force itself on him as he seeks to ascertain the meaning of the various details of Ezekiel’s legislation, How does this stand related to corresponding requirements in the Mosaic law? It is necessary, therefore, in justice to the reader of the following pages, that an attempt should be made, however imperfectly, to indicate the position which the present phase of criticism assigns to Ezekiel in the history of the Old Testament legislation.
We may begin by pointing out the kind of difficulty that is felt to arise on the supposition that Ezekiel had before him the entire body of laws contained in our present Pentateuch. We should expect in that case that the prophet would contemplate a restoration of the divine institutions established under Moses, and that his vision would reproduce with substantial fidelity the minute provisions of the law by which these institutions were to be maintained. But this is very far from being the case. It is found that while Ezekiel deals to a large extent with the subjects for which provision is made by the law, there is in no instance perfect correspondence between the enactments of the vision and those of the Pentateuch, while on some points they differ very materially from one another. How are we to account for these numerous and, on the supposition, evidently designed divergencies? It has been suggested that the law was found to be in some respects unsuitable to the state of things that would arise after the Exile, and that Ezekiel in the exercise of his prophetic authority undertook to adapt it to the conditions of a late age. The suggestion is in itself plausible, but it is not confirmed by the history. For it is agreed on all hands that the law as a whole had never been put in force for any considerable period of Israel’s history previous to the Exile. On the other hand, if we suppose that Ezekiel judged its provisions unsuitable for the circumstances that would emerge after the Exile, we are confronted by the fact that where Ezekiel’s legislation differs from that of the Pentateuch it is the latter and not the former that regulated the practice of the post‐exilic community. So far was the law from being out of date in the age of Ezekiel that the time was only approaching when the first effort would be made to accept it in all its length and breadth as the authoritative basis of an actual theocratic polity. Unless, therefore, we are to hold that the legislation of the vision is entirely in the air, and that it takes no account whatever of practical considerations, we must feel that a certain difficulty is presented by its unexplained deviations from the carefully drawn ordinances of the Pentateuch.
But this is not all. The Pentateuch itself is not a unity. It consists of different strata of legislation which, while irreconcilable in details, are held to exhibit a continuous progress towards a clearer definition of the duties that devolve on different classes in the community, and a fuller exposition of the principles that underlay the system from the beginning. The analysis of the Mosaic writings into different legislative codes has resulted in a scheme which in its main outlines is now accepted by critics of all shades of opinion. The three great codes which we have to distinguish are: (1) the so‐called Book of the Covenant (Exod. xx. 24‐xxiii., with which may be classed the closely allied code of Exod. xxxiv. 10‐28); (2) the Book of Deuteronomy; and (3) the Priestly Code (found in Exod. xxv.‐xxxi., xxxv.‐xl., the whole book of Leviticus, and nearly the whole of the book of Numbers).(210) Now of course the mere separation of these different documents tells us nothing, or not much, as to their relative priority or antiquity. But we possess at least a certain amount of historical and independent evidence as to the times when some of them became operative in the actual life of the nation. We know, for example, that the Book of Deuteronomy attained the force of statute law under the most solemn circumstances by a national covenant in the eighteenth year of Josiah. The distinctive feature of that book is its impressive enforcement of the principle that there is but one sanctuary at which Jehovah can be legitimately worshipped. When we compare the list of reforms carried out by Josiah, as given in the twenty‐third chapter of 2 Kings, with the provisions of Deuteronomy, we see that it must have been that book and it alone that had been found in the Temple and that governed the reforming policy of the king. Before that time the law of the one sanctuary, if it was known at all, was certainly more honoured in the breach than the observance. Sacrifices were freely offered at local altars throughout the country, not merely by the ignorant common people and idolatrous kings, but by men who were the inspired religious leaders and teachers of the nation. Not only so, but this practice is sanctioned by the Book of the Covenant, which permits the erection of an altar in every place where Jehovah causes His name to be remembered, and only lays down injunctions as to the kind of altar that might be used (Exod. xx. 24‐26). The evidence is thus very strong that the Book of Deuteronomy, at whatever time it may have been written, had not the force of public law until the year 621 B.C., and that down to that time the accepted and authoritative expression of the divine will for Israel was the law embraced in the Book of the Covenant.