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Antiquities of the Jews, Book 4

About this book
Chapter 8

1 When forty full years had passed minus thirty days, Moses assembled the people near the Jordan at a place now called Abila, full of palm trees. When they gathered, he addressed them: 2 “Fellow Israelites and companions in this long, arduous journey, now that God’s will and my one hundred and twenty years on earth call me from this life, and since God forbids me to accompany you further beyond the Jordan, I still wish to ensure your happiness and leave a memorial of myself in your future peace and prosperity. Come, let me instruct you in the only path to lasting well-being for you and your descendants, so that after I am gone, you will still enjoy blessings. I do not say this without proof; you have seen my many efforts for your protection and know that a dying man speaks candidly. Children of Israel, there is only one true source of happiness for all: God’s favor. He alone can bestow good things on the worthy or deprive those who displease Him. If you conform to His will and live by the laws He revealed to me (and which I have given to you), you will be respected and blessed among all, subject to no adversity, preserving and enjoying every good thing. Honor and obey those God has set over you, never preferring any human edict to the laws I have delivered. If you do so, you will be braver than all others in war and will not yield to any enemy, for God will support you. Virtue is your greatest reward and the foundation of all other rewards. It will guide you to lead righteous lives, outshining foreigners and earning glory among descendants. These blessings rest upon your observance of the laws I have, by divine revelation, decreed. Meditate on the wisdom they contain. I go now to my ancestors, yet I trust God, who has so graciously cared for you and enabled all I have done in guiding you, will remain with you if you choose to keep pleasing Him. Listen, therefore, to Eleazar your High Priest, to Joshua, and to the council of your tribal leaders, for they will offer you the best advice. Submit to them willingly, remembering that only those who know how to obey are fit to govern. Avoid the error you sometimes showed me in the wilderness—attacking your benefactor in anger. Time and again, I faced danger from you more than from our enemies. These words I now speak are not to reproach you but to guide you, so you may remain secure in the days ahead, for God punishes the ungrateful. Do not, once you enjoy the prosperity of Canaan, become so arrogant that you despise virtue, for then God will withdraw His favor, and you will be overtaken by war, lose your land, and be scattered as exiles throughout the world, enslaved by merciless masters. Then, remembering your broken laws, you will repent too late. Destroy the inhabitants of Canaan completely so their practices cannot corrupt you. Overturn their altars and shrines, burn them, and do not spare their memory, so that you do not fall into transgression yourselves.” 3 Having spoken, Moses delivered these laws and their form of government in writing. The people wept at the realization that he would soon die, recalling the perils he had led them through and the care he always showed for their welfare. The children cried loudest, understanding even at their young age what a great man they were losing. Not even words could quell the grief that filled the entire multitude, so Moses comforted them, encouraging them to cling faithfully to their divinely inspired laws. Then he dismissed the gathering. 4 I shall now outline this constitution, consistent with Moses’s dignity and virtue, so readers may understand our early structure. All these statutes remain in writing just as he left them; we add nothing ornamental, only arranging them for clarity. Moses set them down as circumstances arose, according to the divine revelations he received. Let no one be offended that I have organized his scattered writings, for I do so only to convey them coherently. Part pertains to political governance, while another portion guides our daily conduct and interpersonal relations—a topic I plan, with God’s help, to address separately after completing this current account. 5 “When you take possession of Canaan and begin to build cities, do so in a way pleasing to God, and your good fortune will be secure. Establish only one city in the land of Canaan as the principal place, in the location God reveals, and there build the temple, with a single altar, made of stones gathered in their natural form. Whitewash them with mortar, and let the ascent be a gentle ramp of earth rather than steps. No other city may have altar or temple, for God is one, and the Hebrew nation is also one. 6 “Whoever blasphemes God will be stoned; his body will remain hanged for that day and then must be buried obscurely and with dishonor. 7 “Let everyone living far off from the soon-to-be-possessed land come up to the temple city three times a year, to thank God for blessings and to pray for those still needed. These feasts will create friendly ties among you through shared meals and worship. Meeting regularly ensures you are not strangers but one family under the same laws. Make your gratitude to God clear with offerings, so that your hearts do not become divided by distance. 8 “Beyond the gifts to the Priests and Levites, set aside an additional tenth of your produce to bring to the sacred city to use in sacrifices and feasting, recognizing that all fruits of the land, given by God, should also honor God in return. 9 “You must not offer sacrifices bought with a prostitute’s wages, for God does not accept what springs from such misuse of the body. You may not offer the price of breeding a dog, whether for hunting or shepherding. 10 “Do not insult the gods that other cities believe in, or steal offerings dedicated in their temples. 11 “No one may wear a garment woven from both wool and linen; such attire is for the Priests only. 12 “Every seventh year, at the Feast of Tabernacles, when the entire multitude comes to the holy city, let the High Priest stand on a high platform and read the laws to all—women, children, and servants included—so that these commands may be etched in their souls and not forgotten. Knowing God’s laws curbs wrongdoing and fosters reverence, reminding them of the blessings gained by obedience and the disasters arising from disobedience. The children should first learn God’s laws above all else, as the key to their future happiness. 13 “Remember God’s great mercy in delivering you from Egypt, proclaiming it each morning and evening. Gratitude is both just and a path to further kindness. Write on your doorposts the main wonders God did for you, and likewise bind them on your foreheads and arms,⁠ so that God’s power and care are never out of sight. 14 “Appoint seven judges of high character in each city, assisted by two Levite officers. Show these judges great respect; let no one speak rudely or defiantly in their presence, for reverence for earthly authorities leads to reverence for God. Judges should decide cases justly unless a litigant proves they took bribes or otherwise erred. The judge must place right above favor, wealth, or fear of the powerful; for to do otherwise is to scorn God, whose power is justice itself. If judges cannot reach a fair resolution, send the case to the holy city, where the High Priest, Prophet, and Council will hear and determine it. 15 “A single witness is not enough; there must be at least two or three trustworthy witnesses of honest reputation. Do not admit women as witnesses, due to their tendency toward boldness or levity, nor servants, because they may be swayed by fear or reward. If anyone is convicted of false testimony, impose the very penalty that the accused would have suffered. 16 “If a murder is committed and the killer is unknown, diligently investigate and offer rewards for information. If the culprit remains undiscovered, the leaders of the nearest cities shall convene, measure the distance from the crime scene, and the elders of that closest city shall bring a heifer to a lonely valley unfit for plowing or planting. They shall break the heifer’s neck, and the Priests, Levites, and that city’s council shall wash their hands over it, declaring their innocence and pleading with God that such a crime never again pollute their land. 17 “An aristocracy, a government of the best, is the ideal. May you never desire another form of rule but continue in obedience to the laws, for you need no sovereign but God. If you nevertheless seek a king, he must be of your own nation, faithful to justice and the virtues at all times, subject to the laws, honoring God’s commandments as the highest wisdom. He must attempt nothing without the High Priest and counsel of the senate, must not multiply wives, riches, or horses so that he becomes proud and stop obeying God’s laws. If he pursues such excesses, let him be restrained so his power does not imperil you. 18 “It is forbidden to move boundary markers—either your own or those of friendly neighbors—for these are, so to speak, sacred. Tampering with boundaries leads to strife and conflict, for those who violate them are ready for greater lawlessness. Do not shift these lines, which God set out for all time. 19 “If you plant new trees whose fruit appears before the fourth year, do not bring firstfruits from it to God, nor use it yourself, for that fruit is premature. All produce from the fourth year belongs to the temple, used alongside your tithes in festival meals shared with friends, orphans, and widows. From the fifth year onward, it is yours to use freely. 20 “Do not sow your vineyards with other seeds, for the land will nourish the vines enough without plowing them over. Do not yoke together animals of different kinds for plowing; it is not right to make them share unequal labor. Keep seeds pure, not mixing two or three sorts in one field, and do not allow animals of different species to mate. When small corruptions take root in minor things, they grow into greater offenses, so the law is mindful even of these details. 21 “At harvest, do not glean so meticulously that you take every sheaf; leave some for the needy. Likewise, leave smaller grape clusters and stray olives in the trees for the poor. God will ensure the land produces more when you show kindness, for you are not selfishly hoarding but providing for those who lack. Do not muzzle the ox that treads the grain; it is unjust to deny a creature that helps produce food its share. Do not forbid travelers or strangers, Israelite or not, to fill themselves with your produce at harvest; let them eat freely, though not carry any away. This teaches us not to envy another’s enjoyment of the good things God bestows. If some are too timid to take, invite them, especially if they are Israelites, since you are kin, and it is God’s will that you share your prosperity.⁠ If anyone defies this law, let him be beaten with no more than forty lashes by the public executor, as punishment for greed unworthy of a free people. Remember, you once suffered in Egypt’s hardships and in the desert, and now, in gratitude for your blessings, you should gladly share with those in distress. 22 “Besides the two tithes paid yearly—one for the Levites and one for sacred festivals—you must every third year bring a third tithe for those in need, including widows and orphans. As for the earliest ripened produce, bring it first to the temple to thank God for giving you a good and spacious land, and offer the required sacrifices. Then give firstfruits to the priests. When you have done this, bringing the tithes and giving firstfruits for Levites and festivals, stand before the holy house and thank God for all He has provided, testifying that you have done everything in accordance with Moses’s law. Pray that He will remain merciful both to you and to all the Hebrews, continuing and increasing the good things He has bestowed. 23 “Hebrew men should marry at a proper age, taking free, well-born virgins. Let no man corrupt a married woman and take her from her husband, bringing him grief, nor marry a slave if he is free. Such discipline of one’s affections befits dignity and honor. No one should marry a prostitute, for God will not accept an offering gained by degrading the body. Children of honest unions will be of worthy character. If a man has betrothed a woman, believing her a virgin, but finds otherwise, he may accuse her. Her father or brother or nearest kin shall defend her. If she is found innocent, she remains his wife, and he may not divorce her except for the gravest reasons. But if he maliciously accuses her without cause, he shall receive forty lashes less one and pay her father fifty shekels. If the charge is proven true that she was corrupted while betrothed, and she is of common birth, let her be stoned, as she did not remain pure until lawful marriage. If she is a priest’s daughter, let her be burned. If any man has two wives, loving one more, and the less-loved wife bears his elder son, while the favored wife bears a younger, he cannot give the double portion of inheritance to the younger son, for that belongs to the firstborn. One who violates an engaged woman with her consent shall die, both he and she, for willingly choosing an impure act over lawful marriage. If he forces a woman where no one can rescue her, only he shall be put to death. If a man has intimate relations with a virgin not yet betrothed, he shall marry her. If her father refuses, he must pay fifty shekels as compensation for the dishonor. If anyone wishes to divorce his wife for any reason, let him put in writing that he will never again treat her as his wife, so she may lawfully marry another. If, after this, the second husband dies or also dismisses her, the first husband may not marry her again. If a man dies childless, let his brother marry the widow and give his deceased brother heirs bearing his name. If he is unwilling, the woman shall protest before the council that her husband’s brother deprives the dead of descendants. If, after he is questioned, he persists, she shall remove his sandal and spit in his face, saying he deserves such humiliation for denying his family’s continuity. Then she is free to marry whom she pleases. If in war a man takes a captive woman, either virgin or married, he must not sleep with her until she shaves her head, puts on mourning clothes, and laments her parents for a full month. Then, having given her time to grieve, he may marry her. If afterward he no longer wishes to keep her, he must let her go free as a freewoman. 24 “Children who dishonor and abuse their parents—even by looking down on them—should first be admonished privately by their parents. They may say, ‘We did not come together for pleasure or gain, but so that we might have you to care for us in old age. From the moment you were born we gladly raised you, thanked God for you, and spared nothing for your upbringing. Do not persist in these outrages. God will be angry with those who mistreat their parents, for He Himself is Father of all mankind and is insulted when parents are disrespected. The law punishes such ingratitude severely. May you never face that punishment!’ If the children relent, that is enough, for the lawgiver’s desire is to see no one put to death. But if this counsel fails and the child’s insolence continues, then the law has no mercy. The parents must bring the child outside the city so that all may see, and stone him. There the body shall lie for a day and be buried at night in disgrace. All who suffer capital punishment are buried this way, as are enemies who fall in battle, so no corpse remains unburied longer than justice requires. 25 “Do not lend money to any Hebrew at interest, be it of silver or food or drink. To profit from a kinsman’s hardship is cruel; instead, let your kindness be your true reward, and trust that God, who sees your generosity, will repay you. 26 “When anyone borrows silver or other goods, let the borrower return them in good faith once God has restored blessings. If the borrower withholds repayment, let the creditor not forcibly seize a pledge before judgment, but require the borrower to give one willingly. If the borrower is rich, the creditor may keep it until he is repaid; if poor, return the pledge before sunset, especially if it is a garment for warmth. God is compassionate to the poor. You must not accept tools essential for a person’s livelihood as pledges—for example, a millstone—so that you do not rob a man of his ability to feed himself or his family. 27 “If anyone is discovered breaking in to steal, and is killed during the theft, the defender is not guilty. A thief of property pays back double, except for an ox, for which the penalty is fivefold. If he cannot pay, he shall serve his creditor as a slave. If one’s ox is known to be violent and kills a person, the ox must be stoned and not eaten, but if the owner knew of its nature and did not secure it, he too shall be put to death. However, if it kills a servant, the owner pays thirty shekels to the servant’s master, and the ox is stoned. If two oxen fight so that one kills the other, both must be sold and the price divided between the owners. 28 “When someone digs a well, he must cover it with boards so that no beast falls in and dies; otherwise, if someone’s animal falls in, the digger must pay its full worth. Let there also be a parapet around every roof, to prevent anyone from tumbling off. 29 “If one receives something for safekeeping, let it be guarded as sacred. Do not exploit the owner’s trust, even if you think you cannot be caught, for God sees all, and conscience should guide your actions. If it is lost through no fault of your own, stand before the seven judges, swear you gained nothing from it, and you will be cleared of blame. But if it emerges that you used any part of it, then you must repay all. This applies also to any who fail to pay laborers their due wages. Do not cheat a poor man of his pay, for God arranged that as his inheritance in place of land. Let wages be paid daily, for God does not wish to see the laborer’s rightful living withheld. 30 “Children shall not bear guilt for their parents’ sins, nor parents for their children’s, but each shall stand or fall by their own conduct. Nonetheless, if a child of wicked parents is virtuous, grant them respect for choosing righteousness despite their parentage, rather than condemning them for their lineage. 31 “Have nothing to do with self-made eunuchs. Banish anyone who emasculates himself, effectively committing harm to future generations, as if murdering his own children yet unborn. By effeminate thinking, they have done violence to their own bodies. Likewise, do not tolerate unnatural disfigurements. Nor is it lawful to geld any man or animal. 32 “These are the peaceful laws for your government. May God keep them safe from any disturbance, and may no circumstances force changes. Nevertheless, knowing humankind may face troubles unintentionally or deliberately, here are further laws for when you must wage war. May you be industrious, keep your souls steadfast in virtue, and live in freedom from conflict. But if foreigners do attack or some internal strife arises, you will have these rules to guide you, prepared beforehand rather than found in haste. 33 “When you do go to war, first send envoys and heralds to your enemies; it is just to use words before weapons. Inform them, though you have many warriors and horses and enjoy God’s merciful guidance, you would prefer to avoid bloodshed and do them no harm. If they heed you, maintain peace. If, relying on their own might, they refuse, then go into battle, God as your supreme Commander, and choose as your general under Him the bravest among you—too many commanders can hinder swift action. Muster only the strongest men, dismissing the fearful for fear that they might flee in action and give advantage to the enemy. Also excuse those who have recently built a house, planted a vineyard, or betrothed or married a wife, so their hearts do not cling to such concerns and cause cowardice on the battlefield. 34 “When you pitch camp, do nothing cruel. If you besiege a city and need wood for siege engines, do not cut down fruit trees. They did you no harm and provide nourishment, so spare them. If you defeat your enemies, kill those who fought you but spare the others so they pay you tribute—except for the Canaanites, whom you must destroy completely. 35 “During warfare, ensure no woman wears men’s clothing nor any man a woman’s garment. 36 “Such is the political order Moses left us. He had already recorded laws, in the fortieth year, which I will detail in another work. After convening the people daily, he gave them blessings for obedience and curses for transgressors of his laws, then recited a poem in hexameter, which he wrote in a holy book. It foretold the future, all of which has occurred or continues even now, so that, from its complete accuracy thus far, one may expect the rest will happen likewise. Moses placed these books, including this prophetic song, in the custody of the Priests, along with the ark containing the Ten Commandments on two tablets. He entrusted them also with the tabernacle. He reminded them, when settled in the land, never to forget the Amalekites’ hostility but to punish them for it. Likewise, he ordered them to destroy the Canaanites fully, raise an altar on a mountain facing the sunrise, near the city of Shechem, between Mount Gerizim on the right and Mount Ebal on the left, stationing half the tribes on each mountain, with the Levites and priests. First, those on Gerizim should pray blessings on all who follow God and His laws, and those on Ebal should affirm these blessings. Next, they should pronounce curses on anyone who violates these laws, and again the others affirm them, thus confirming it all by call and response. Moses wrote their blessings and curses so they might be remembered and never lapse through time, inscribing them on each side of the altar, where the people offered sacrifices and burnt offerings. Afterward, it was never used again for offering. These then are Moses’s laws, still observed by the Hebrews to this day. 37 “On the following day, Moses called together all the people—women, children, and even servants—that they might swear to uphold these laws, refusing any attempt by kinsmen or any city to undermine their constitution. If anyone plotted to overthrow it, they must all avenge the wrongdoing and tear down the offenders’ city to its foundations. If they were unable to prevail, they must at least show that they opposed such rebellion. All the people willingly vowed to do this. 38 “Moses taught them as well how to make their sacrifices acceptable to God and how to go to war consulting the stones, as previously described. Joshua also prophesied in Moses’s presence. Moses then reminded them of everything he had done for them—both in war and peace—providing them with excellent laws and a fair government. He warned them, as God had shown him, that if they ever lapsed in worshipping God, they would be beset by armies, their cities overthrown, their temple burned, and they themselves sold into slavery to merciless captors. Then they would repent of such sins, but too late. Yet he added that the God who made their nation would restore their cities and temple, and although they would lose these blessings more than once, God would still bring them back in time. 39 Finally, Moses urged Joshua to be strong in leading the people into Canaan, assuring him God would always aid him in his task. He blessed the entire multitude, adding: “I am departing now to my ancestors, and I thank God, while I still live among you, for rescuing us from hardship and giving us prosperity. It was He who guided and completed all we achieved, using me only as His agent, a servant to His will. I commend you to that same divine power, who will watch over you if you stay true to virtue. May you remain mindful of Him and keep the excellent laws He has given you!” 40 With these words, Moses recounted what would happen to each tribe in times to come, blessing them all. The people wept, young and old alike, the elders recalling what a protector he had been, the youth regretting they had not benefited from him longer. As Moses went to the place of his departure, many followed him in tears. He gestured for them to remain and not worsen his leaving by their sorrow, so they at last obeyed, though still weeping. Only the senate, Eleazar the High Priest, and Joshua went on with him, until they reached the mountain named Abarim, high above Jericho, commanding a view of nearly all of Canaan. There Moses said farewell to Eleazar and Joshua, and while he was still speaking with them, a cloud covered him suddenly, and he disappeared in a valley.⁠ In his holy writings, Moses records that he died, so that no one would claim, due to his extraordinary virtue, that he was taken up by God. 41 Moses was one hundred and twenty years old, having ruled the people for the last forty minus one month. He died on the first day of the final month, the Macedonians’ Dystrus, which we call Adar. He surpassed every other person in wisdom, using it well in leading the people, and speaking gracefully before the crowds. His self-control was so complete he barely seemed to experience human passions at all, as though he knew them only by name, observing them in others rather than in himself. He excelled both as a great general and, even more, as a prophet who spoke with the voice of God. Therefore, the entire nation mourned him for thirty days. Never had grief so overwhelmed the Hebrews. Indeed, not only those who witnessed his deeds, but even those who merely read the laws he left behind, could sense his extraordinary virtue and yearned for him. This concludes the account of Moses’s death.

Book 5

Texts in conversation

Compare Letter of Aristeas 158 and Josephus, Antiquities of the Jews 4.8.13

Pseudepigrapha, Hebrew Bible Expansions · Classical

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Summary

The Letter of Aristeas describes the Jewish people putting sayings of God on doors and gates and fastening a sign on their hands. Josephus describes the same customs in Antiquities of the Jews, the other main written evidence for them in this period.

Passages

Letter of Aristeas 158

Pseudepigrapha, Hebrew Bible Expansions · Letter of Aristeas to Philocrates
time and place so that we may continually remember the God who rules and preserves (us). For in the matter of food and drink he tells us to first of all offer part as a sacrifice and then at once enjoy our meal. Moreover, on our garments he has given us a symbol of remembrance, and in the same way he has ordered us to put the divine oracles on our gates and doors as a remembrance of God. And on our hands, too, he expressly orders the symbol to be fastened, clearly showing that we ought to perform every act in righteousness, remembering (our own creation), and above all the
200–150 BCE (scholarly estimate) Read in the Letter of Aristeas

Josephus, Antiquities of the Jews 4.8.13

Classical
12 “Every seventh year, at the Feast of Tabernacles, when the entire multitude comes to the holy city, let the High Priest stand on a high platform and read the laws to all—women, children, and servants included—so that these commands may be etched in their souls and not forgotten. Knowing God’s laws curbs wrongdoing and fosters reverence, reminding them of the blessings gained by obedience and the disasters arising from disobedience. The children should first learn God’s laws above all else, as the key to their future happiness. 13 “Remember God’s great mercy in delivering you from Egypt, proclaiming it each morning and evening. Gratitude is both just and a path to further kindness. Write on your doorposts the main wonders God did for you, and likewise bind them on your foreheads and arms, so that God’s power and care are never out of sight.

References

“... A practice related to the wearing of phylacteries is the affixing of mezuzot to the door posts and gates of a house (Deut 6:9 and 11:20). The word, mezuzah (plural: mezzuzot), means ‘door post’ and in the biblical text Israelites are enjoined to inscribe the divine instructions on it. As the tradition developed, the mezuzah itself (but not the ‘gate’) came to refer to the parchment of biblical excerpts to be attached to door posts. In rabbinic tradition these mezuzot are excerpted texts that include the first paragraph of the shema in its parallel passages of Deuteronomy 6:4-9 and 11:13-21. In the Second Temple Period, the practice was attested by Pseudo-Aristeas (Aristeas to Philocrates 158) and Josephus (Jewish Antiquities 4.213). The discoveries in the Judaean Desert have brought to light nine mezuzot: 7 from Cave 4 (4Q149-155), 1 from Cave 8 (8Q4); and 1 from Wadi Murabba’at (Mur 5). As with the phylacteries, these mezuzot contain additional passages from the Decalogue (Exod 20) and Deuteronomy 6:6-18 and its text is likely to have been cited from memory. ...”
Timothy H. Lim, “Deuteronomy in the Judaism of the Second Temple Period,” in Deuteronomy in the New Testament, ed. Maarten J. J. Menken and Steve Moyise (London: T&T Clark International, 2007), 18.

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Letter of Aristeas 158 and Josephus, Antiquities of the Jews 4.8.13

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