MOSHEH’ TESTAMENT AND DEATH

Awaited the order to start on the conquest of Canaan, the Promised Land

The Yisraelites, now firmly established at bases in Trans-jordania, only awaited the order to start on the conquest of Canaan, the Promised Land. Before giving this order, however, Mosheh considered that a further census of the people was necessary; it was particularly important to be accurately informed about the military contingents available. In addition, he thought that it would be very dangerous to allow certain groups of Midianite shepherds to continue to exist at the rear and on the flanks of the Yisraelite camps. Their hostility towards the Yisraelites was well known. So in a rapid campaign the Midianites were crushed and put to the sword; they spared only the women and their young children who were incorporated into the various Yisraelite tribes. This was a ‘SET APART war’, as it was understood by these still very barbarous peoples.

On the plains of Moab: Mosheh’ testament

Mosheh fully realized that on account of his ‘sin’ YAHWEH had refused to allow him to enter the Promised Land. That did not prevent him making a last desperate request for this favour. But YAHWEH was angry at this. ‘Enough ! HE said, ‘Speak to ME no more of this’ (Devarim 3:23-26). The decision was irrevocable.

His eye [was] undimmed, emphasizes the scribe, his vigour unimpaired (Devarim 34:7). Before dying Mosheh took advantage of the short period granted to him to complete his stupendous work. He desired to strengthen the spiritual armour of his people further so that they could endure the trials of their historic future. It is hardly surprising, therefore, that Mosheh’ last actions on earth revealed him as an indefatigable legislator. 1

First the literary form taken by the testament of Mosheh must be examined as it is set out in the Scriptures. Then, after a critical and objective appraisal, conclusions can be formulated.

1 It is worthwhile drawing attention here to Abbe Steinmann’s attractive thesis; he argues convincingly that Mosheh’ legislative activity can be divided as follows’

A. On Sinai the ritual Law of Shemoth  34; and also the fragments of the ritual Law  of Shemoth 23:10-19.

B. At Kadesh, the greater part of the Code of the Covenant (Shemoth 21-23).

Here it was a matter of adapting an old code of customary law of ancient Semitic origin; Mosheh adapted it to the life of Yisraelite shepherds on the plain.

C. On the plains of Moab Mosheh promulgated a certain number of penal laws (inserted in the Code of the Covenant) and the Decalogue (Law).

The three great discourses of Mosheh

These three long discourses can be read in Devarim. In the first discourse, which serves as an introduction to the others, Mosheh gives a summary of his whole work, or, rather, of the great favours granted by YAHWEH to HIS people after they were freed from slavery in Egypt. The style is poetic, imposing and of sustained power all through.

The second discourse is the most important of the three. In solemn terms Mosheh goes on to explain the theocratic organization 2 by which Yisrael was to be ruled. The Yisraelites owed entire obedience to YAHWEH. The only Law to be observed was that of the Commandments, as expanded in the different Codes of the Covenant and the whole legal system.

The third discourse, which is fairly short, is very expressive. It deals with the official renewal of the Covenant: the contract, previously drawn up at the foot of Sinai, was to be publicly ratified.

This collection of laws, carefully recorded in writing, was laid by Mosheh before the ark of the Covenant. From then on it was also called the ark of Witness, because the Mosaic code placed near the ark would serve on occasion as ‘witness’, when Yisrael broke the Law (Devarim 31:26). Inside the ark were the tablets of stone on which were inscribed the ‘Ten Words’, the basic text. Outside the ark, against its side, lay the juridical norms which explained, clarified and interpreted the Law.

In conclusion, Mosheh installed as supreme leader of Yisrael the Ephraimite warrior Yahshua Ben Nun, who for some time past had functioned as Mosheh’ lieutenant.

2 Theocracy, the word was introduced by the historian Flavius Yosephus (AD. 37-95) to explain to the Romans, his contemporaries, the original character of the politico-religious organization of the Yisraelites, he forms of government introduced by some legislators,’ he observes, ‘have sometimes been monarchies, sometimes oligarchies and sometimes democracies. But our legislator [Mosheh] established none of these institutes. He wished our government to be what could be called a “theocracy”, for he attributed the authority and power to YAHWEH’ (Contra Apion 2, 17)

Devarim and the historian

Nowadays, the historical existence of Mosheh, the leader of the Yisraelites during their Exodus, is, practically speaking, no longer contested, at least among objective historians. Quite obviously, it required a powerful leader of great energy to bring Yisrael out of Egypt, fashion its character, endow it with legislation that is without equal and launch it on the road to conquest.

Does that mean that these extraordinary discourses reproduced in Devarim, together with the long piece of poetry, provide us with an authentic account of Mosheh’ activities on the fields of Moab and soon afterwards on Mount Nebo (the mountain where he died)? At first sight it is tempting to give a negative answer and a rapid comparison of the relevant dates will probably encourage such a conclusion.

Mosheh’ activity in the Sinai wilderness occurred about 1260-1230 B.C. and we now know that the text of Devarim dates from the seventh and sixth centuries. In addition, the eloquence which the scribe puts in Mosheh’ mouth is certainly far too literary in flavour, especially when it is remembered that at the Burning Bush Mosheh tried to decline the mission which YAHWEH laid upon him by pleading that he was a man slow of speech, that is, one essentially unfitted to make a speech. Yet we have here some of the finest passages of the Pentateuch. There are powerful images, a vivid style, imposing descriptions with, on occasion, a certain verbal redundancy. There is no need to be an orientalist: even through a translation we can make contact with the author, a man of letters.

Hebrew scholars have recognized, in fact, that Devarim, as we have it at the present day, is only the final version of several previous accounts whose date goes back to much earlier centuries. In the present text have been found archaic turns of phrase, very ancient syntactical forms and, here and there, evidence of a primitive mentality. Some Scriptural scholars think that a first version of Devarim may have been written in about 700 B.C. and this must have taken its information from previous versions fairly near to the Mosaic period itself.

It should be added, of course, that each generation of theologians and jurists edited and expanded these primitive accounts in his own way, either to enable them to be understood by the people or to bring them into harmony with social conditions. On Sinai the Code was drawn up for nomad shepherds, after the Yisraelites settled in the Promised Land this old legislation for a wandering, pastoral people required adaptation to an agricultural civilization and to those who were settled residents.

This rapid account will have shown some of the difficulties of the historian. The text that we are examining cannot be termed apocryphal, far from it. But the relation of the facts, entirely authentic fundamentally, has been retouched and embellished by successive writers who, despite the additions made to the primitive version, have made an effort to preserve the essential spirit of the message of Mosheh. Thus Devarim remains for us a most valuable document; despite its composite character it enables us indirectly to make contact with Mosheh’ social and legislative activity on the banks of the Jordan.

The following is a short summary of the principal points emphasized by Mosheh before his death.

There was the implicit proclamation of a theocracy. Henceforward, Yisrael was no longer to be a community governed by a human will. It was to be YAHWEH HIMSELF WHO was the leader of this society. The Law had been given to the Yisraelites by YAHWEH. The kohen would continue to guide the Yisraelites according to the Ten Words interpreted by the whole corpus of Mosaic codes (Torah) .

Mosheh also spoke of safeguarding the set apart community, the necessity of not forgetting YAHWEH, of loving the Law and of loving the brethren.

Finally there was the safeguarding of Yisrael’s belief. When the people were established in Canaan they were to have nothing to do with the worshippers of the Baals, the false gods, and the introduction of Canaanite wives into Yisraelite families was to be forbidden. The altars and high places where the deities of the inhabitants of this country were adored were to be destroyed.

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