[82] This, of course, does not show that P must have been known to D, but it proves that as regards material P and D have drawn from the same source, and that older documents, or customs at least, underlie both.
Here, therefore, we have one of the cases in which the traditional hypothesis--that the Law of the Covenant was given at Sinai when Israel arrived there, the laws of the Priestly Code probably not many weeks after, and the code of Deuteronomy only thirty-eight or thirty-nine years later, but before the laws had come fully into effect by the occupation of Canaan--raises a difficulty. Why should the Sinaitic law say that _terephah_ is not to be eaten by any one, but cast to the dogs, and the Levitical law in so short a time after make the eating of that and _nebhelah_ mere cause of subordinate uncleanness to both Israelite and stranger, while Deuteronomy permits the Israelite either to give the _nebhelah_ to the stranger that he may eat it, or to make it an article of traffic with the foreigner? Keil's explanation is certainly feasible, that in Exodus we have the law, in Leviticus the provision for accidental, or perhaps wilful, disobedience of it under the pressure of hunger, while in Deuteronomy we have a permission to sell, lest on the plea of waste the law might be ignored. But the position of the "_gēr_," or stranger, is not accounted for. In Leviticus he is bound to the worship of Yahweh, and can no more eat _nebhelah_ or _terephah_ than the native Israelite can, while in Deuteronomy he is on a lower stage than the Israelite as regards ceremonial cleanness, and much on the same level as the _nokhri_, the foreigner, who in Deuteronomy is dealt with as an inferior, not bound to the same scrupulosity as the Israelite (Deut. xv. 3, 23, 29). There does not appear to be any explanation of such a change in less than forty years; more especially as the moment at which the change would on that hypothesis be made was precisely the moment when the stranger was about for the first time to become an important element in Israelite life. If, on the other hand, the order of the codes be Exodus, Deuteronomy, Leviticus, then the Exodus law, which does not consider the stranger, would suit the earliest stage of Israel's history, when the stranger would generally be a spy. Later, he crept into Israelite life, and gradually received more and more consideration; especially in the days of Solomon, when the Chronicler estimates the number of the strangers at over a hundred and fifty thousand. But he was not recognised at that stage as fully bound to all an Israelite's duties, or as possessed of all an Israelite's privileges, and that is precisely the position he occupies in Deuteronomy. In the Priestly Code, however, at a time when the stranger had practically become a proselyte, the ideal Kingdom of God includes the "stranger," and gives him a position which differs little from that of the homeborn. That would make these different laws answer to different periods of Israel's history, and would coincide with what has been otherwise found to be the order of Israel's legal development.
The second prohibition, which runs parallel to what we find in Exodus, is the somewhat enigmatical one that a kid should not be sodden in its mother's milk. What it was in this act which made it seem necessary to issue such a command cannot now be ascertained with any certainty. Most probably it was connected in some way with heathen ceremonies, perhaps at a harvest feast; for, as we have seen, it is a ruling motive throughout all this section that the Israelites should reject everything which among their neighbours was connected with idolatry.