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3.2 Origin and Use of the Tithe in Ancient Israel

In view of the often repeated reference to tithe in the text segments under consideration, (Deut.1422-29, 169-12,13-15,

2417-18,19-22,

2612-15) it may be necessary to examine its origin (ie, of the tithe) in the context of the Ancient Near East, its traditional place and the Deuteronomic innovations brought into it. The Ancient Near Eastern context provides its general understanding.107 The Hebrew (macaser) which occurs about thirty-two times in the OT means tithe or a tenth.108 The cognates which occur in other Semitic languages generally refer to the tenth of or the tithe. The Akkadian root esir from which is derived esretu and esru (sg) both connote the idea of a tenth and refer to tithe or a tenth. Both words (ie, esretu and esru) were used in secular as well as in sacred (religious) contexts.

In secular context it generally referred to taxes that were levied by the local king (or ruler)109 . That the practice of tithe in the form of a tax was customary is reinforced by the Akkadian texts which refer to tithe of garment and other agricultural products such as barley and dates. In the ancient near eastern context there are reported cases of kings

106 B. Patridge. 2006. Discourse Analysis. New York: Continuum Books. p. 99.

107 Is the concept of tithe known to the traditions of kingship in African and African societies? There is no doubt that taxes were levied by African Kings on their subjects but whether it was considered as a tithe is not clear.

108 G.W.Bromiley, E.F.Harrison, et al “Eds.” 1988, The International Standard Bible Encyclopedia, Vol.

Four Q-Z, William B. Eermanns publishing company, p.862.

109 W. VanGemeren. 1997. New International Dictionary of Old Testament Theology and Exegesis. Vol. 2.

U.K: Paternoster press. p.1035.

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giving the tithe of a whole village to an individual (probably one of his subordinates) as gift. The tithe was generally on the agricultural produce which would include barley, beer and sheep of the pasture. The common understanding of the tithe in the ANE is that the tithe was most often a secular impost, ie, an entitlement that was due to the king.110 This ANE context therefore provides insight to the biblical references to the concept of tithe;

Although the meaning of the tithe as secular imposition by the king was never implied by the regulations concerning the tithe in the Old Testament. The tithe was never used as such but that this understanding about the tithe in the ANE context was well known to biblical editors is implied by the reply to the demand for the monarchy (a king) in Israel and stating its social implications (I Sam. 815,17) for Israel‟s national life. In ancient Israel however, the tithe was a theological concept. W.Bromiley et al observes, „No institution in Israel including tithing existed merely to carry out a political economic or humanitarian function. By giving tithes, the Israelites declared solemnly that they were giving a portion back to the Lord who had prospered them.111 Israel‟s recognition of the tithe as belonging to the king (which in their context is Yahweh) reflects its ANE environment. This theological understanding of the tithe and its ANE underscores Abram‟s tithe to Melchizedek King of Salem (Gen 1418-20) a text which is often regarded as the origin of tithe in Israel. The account reads, „After Abram led the battle to defeat the northern Kings and returned to the land of Canaan, Melchizedek, King of Salem, and, Priest of God Most High brought food and drink and blessed Abram‟ (vss. 18-20). The

110Several texts exist on the concern for the tithe. See: H. Jagersma. 1981. The Tithe in the Old Testament, Remembering all the way. J.Milgrom. 1976. Cult and Conscience. G.B.Davies, 1987, Are Christians supposed to pay Tithe? W. VanGemeren. 1997. New International Dictionary of Old Testament Theology and Exegesis. Vol. 2, U.K: Paternoster Press.

111 G.W.Bromiley, E.F.Harrison, et al. (eds) 1988. The International Standard Bible Encyclopedia. Vol.

Four Q-Z, William B Eermanns publishing company. p.863.

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purpose was to express appreciation to Abram. However two conflicting positions are often encountered in regard to Melchizedek‟s actions. One opinion argues that Melchizedek is the subject of ‘he gave him one tenth of everything’ (vs. 20) and by this thinking Melchizedek, paid tithe to Abram. A second position argues that Abram reciprocated Melchizedek‟s favour and recognized the latter‟s status as a true priest of the true God by paying a tithe of all the spoil to Melchizedek.112 This second view which is more in tandem with the ANE practice has received a more popular support, for example, Westernmann and Anderson, both of whom viewed this particular narrative, as well as Jacob‟s dream (Gen. 2822) as etiological, consider both accounts as traditions that legitimate payment of tithe in Israel.

The figure Tenth (10th) or tenth part has also raised problem of interpretation, ie, as to what exactly is meant by it. For some, the figure ten or tenth meant a solid 10 percent of the produce of (the Agricultural or Animal output) and remains the standard regulation, a position supported by J Jagersman. Baumgartner on the contrary holds the conviction that the macaser can be used in reference to any hieratic impost regardless of its rate. A tithe in this case could mean any form of imposition or contribution made toward providing for the Levites for their sacred duties or assignments.

Critical Issues: How many tithes? The discrepancies that exist in the texts regarding tithe regulations in the OT have been problematic. There are differences in the regulations between the P-Source and the Dt.(Deut. 1422-29 cf, Lev.2730-33, Num.1821-32).

In P (Lev.2730-33, Num.1821-32) the tithe is given wholly to the Levites (with a tithe of the tithe going to the priests) Dt does not seem to have knowledge of the tithe being given

112W.VanGemeren. Op. Cit. p.1037. Hamilton and Wenham both favour this translation. Abraham‟s action of rejecting his own share of the booty has antecedents in the O.T (I Sam.3018-31).

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wholly to the Levites, who were in turn to pay a tenth to the priests. An attempt to resolve these discrepancies has led to the suggestion that the tithe in Israel went through different historical stages of development. According to Wellhausen there are three discernable historical stages;

At first the tithe was offered voluntarily and directly to God (not to the Levites or Priests) at the tribal sanctuary (e.g. Bethel in Gen. 2822 and Amos 44) and it was consumed by the worshipper in a communal meal. In the second stage, the tithe was offered as a yearly obligation directly to God (again not to the Levites or Priests) at the Central Sanctuary in Jerusalem (Deut. 126,11,17, 1422-27) and it was consumed by the Worshippers in a communal meal in which the Levites were included as special guests……….There was another innovation added at this time. The tithe of the third in the cycle was to be deposited in the local town (not eaten by the worshippers at the Central Sanctuary) for the support of the landless Levite and others who were economically disadvantaged.113

Despite this analogy of the historical development by Wellhausen supported by several academic positions amongst whom are Y.Kaufmann, M.Weinfeld and others, the sociological factors which give rise to the various transformations in the regulations concerning tithing have not been accounted for. According to Y.Kaufmann and M.Weinfeld who holds that the tithe passed through these various historical stages of development believed that the post-exilic community re-instituted the tithe system after the Babylonian Captivity and simply added Lev.2730-37 and Num.1821-32 to Deut.1422-29 which thus ended with multiple tithes.114 This does not also explain the discrepant attention given to the marginal groups.

113 W.VanGemeren.1997. New International Dictionary of Old Testament Theology and Exegesis. Vol.2.

U.K: Paternoster Press. p.1039.

114 W.VanGemeren, Op..cit. p.1040.

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The Jewish tradition which favours this possibility, namely that the tithe passed through various historical epocs, and supported by recent scholarship identifies three different tithes in ancient Israel. The first consists of the tithe to the Levites (Num.1830-37, Deut.1427) The one tenth that was identified in Deut 1422-26 was the tenth from the nine-tenth which was eaten by those offering it. A third, called third year tithe (Deut 1428-29 and 2612-15) was a tithe for the poor which occurred only in the third year.115 According to Jewish tradition the third year tithe (supported by Josephus Anti IV 823) took the place of the second in the third year. Harold V. Bennett116 who argues against the validity of the use of the tithe in satisfying the need of the marginal group questions what could be the relevance of this tithe in an interval of three years, particularly as the provisions needed for three years could not be adequate. Another view held in connexion with the tithe is that the evidences provided by the OT suggest that there were originally one and the same tithe but that they were interpreted to be different multiple tithe by later community of faith. Y.Kaufmann who also argues in favour of this position, namely, that the tithe was one but interpreted differently thinks that Dt was one of the devices invented by the author of the Law of Centralization in linking the people with the chosen city. While these arguments explain the historical development of the tithe, the Sociological motive for the consistent inclusion of the marginal groups in the use of the tithe was not explained.

115 G.W.Bromiley. Op cit.The Mishna which corroborates this, states that there were three types of tithes (a) The Levitical tithe from which a tenth was tithed to the Priest ( Lev.2730-33, Num.1821-32) (b) The second tithe which was consumed by the worshippers in Jerusalem (1422-27) and (c) The poorman‟s tithe which takes the place of second tithe in the third and sixth year of the seven-year cycle (Deut. 1428-29 , 26 12 - 15).

116 See H.V.Bennett. Injustice made legal, Deuteronomic laws and the plight of widows, strangers and orphans in Ancient Israel.

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3.2.1 The Use of the Tithe and the Deuteronomic Innovation.

That the use into which the tithe was later put in Israel in its historical development varied is one which requires further explanation. The common practice as it appears from Dt was to have a feast whenever one brought his or her tithes and other offerings to the Lord. According to the overall principle and Israelite was allowed to eat at least part of the regular tithe at the time of its presentation.117 While the offerings and the sacrificial system in ancient Israel allow the worshipper to eat part of the offering, this was not so clearly stated in the earliest regulations about the tithe. The tithe constitutes (as its ANE context affirms) a form of tax for the upkeep of the king and the administering of the state. Thus the tithe was reserved for the Levites as they had no portion or allotment with the rest of the tribes in Israel. Although according to Dt, it appears as a standard procedure to have a feast wherever and whenever one brought tithes and other offerings to the Lord118 the practice was a latter introduction to the regulations governing the tithe. C.A.Briggs, S.R.Driver et al observe that throughout Israel‟s history sacrifices consisted of two great classes: those (Hlh) that were withheld from human consumption and given wholly to the deity; were consumed by the altar fire. These may be ultimately given to the Priest. The other class formed the substance of a sacrificial meal in which the Offerer and his family, and those who might be associated with him participated119. The tithe from the beginning falls into the second category. There was no time at which the tithe was offered by fire. It was given wholly to the service of God. The tithe was given as compensation to the Levites for their service in the Sanctuary and was

117 VanGemeren, p.1048.

118 C.A.Briggs, S.R.Driver. 1906. A critical exegetical commentary on Numbers. New York: Charlse Scribner‟s Sons. p.237.

119W.VanGemeren.1997. New International Dictionary of Old Testament Theology and Exegesis. Vol.2.

U.K: Paternoster Press. p.1048.

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not to be shared with the offerer even at the earliest stage of its development. It was essentially part of the Levites‟ reward for their services (Num. 1821-24)

The innovation brought by the Dt source is the inclusion of the Levites along with the sojourners, widows and orphan into a matter which should be entirely their prerogative. „And do not neglect the Levites living in your towns, for they have no allotment or inheritance, of their own‟ (1427) A new turn in the administration of the tithe was the Deuteronomic innovation which extended the distribution of the third year tithe (as well as the second) beyond the Levites to include the aliens the fatherless and the widows (Deut. 1429). VanGemeren observes that this was the natural extension of the principles of benevolence that underlines much of the theology in Deuteronomy (eg. Deut 151-11) as well as Numbers.120 This benevolence which characterised much of the theology of Deuteronomy was a response to social inequality that dominated the 7th and 8th century Israel such that the disadvantaged people (the alien, fatherless and widows) who were not provided for through the land inheritance system of ancient Israel121 were profusely made a matter of urgent concern in Deuteronomy. This orientation it would be observed was conspicuously absent even in the Nehemiah-Ezra passages (Neh.1037-39, 1244,47, Ezra 236-42, 815, Neh.739-40, Ezra 240-42 ) It is obvious that the use to which the tithe was put shifted in its emphasis in the Deuteronomic text from the purely cultic to philanthropic, sociological bent, the aim of which was to address a social context characterised by socio-economic inequality and status imbalance. According to Bergart D, et al

120 W.VanGemeren. 1997, New International Dictionary of Old Testament Theology and Exegesis. Vol.2.

U.K: Paternoster Press, p.1048.

121Land was source of wealth in ancient Israel. The landless such as the sojourners, orphans, widows and the Levites inclusive were therefore the most impoverished by this social system.

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The concern for the poor is one manifestation of a broader humanitarian bent within Deuteronomy. For example Deut 1422-27 implies that the purpose of tithing is to provide food especially for the poor. There is no mention of any sacral purpose for tithing as an offering made for God‟s benefit. Even the use of the tithe as support for priest and Levites is ignored by Deuteronomy (cf. Num. 1821-27) The Levites received part of the tithe not because of their priestly status but because of their need as those without economic status.122

3.3.0 Textual Exegesis

Textual critical Analysis of the text segments (Deut. 14 22 – 29; 16 9 – 12, 13 – 15;

24 17 – 18, 19 – 20;

26 12 - 15)

3.3.1 (i) Regulations Concerning Tithes (Deut. 14: 22 - 29)

Deut. 14 22 – 29

Deut 1422 You shall