Vss 19-22. These verses have been described as laws of charity which require that part of the three main crops (grains, olives, grapes) be reserved for the poor, a form of welfare
3.8 The Status of the Marginal Groups in Ancient Israel (The Widows, Orphans, Sojourners)
The status of the marginal groups in ancient Israel constitutes literary, theological and sociological interest in the Old Testament contemporary biblical studies. This concern has become increasingly relevant in the context of cultural similarities and social
184 P.C Criagie. Op cit p.239. Studies in slavery and manumission both in the OT and in the ancient Near East are in the works of E F Campbell and D.N Freeman. The Biblical Archaeologist Reader..
185 William M. Schniedewind, How the bible became a book: The Textualization of Ancient Israel
186 Othmar Veel, Christopher Uehlinger . gods goddesses, and images of God in ancient Israel.
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challenges facing the marginal groups and as a result of social inequality, communal crises and the problem of refugees in the global community.
(i) The Social Status of Widows. Although the canonical prescriptions concerning widows in the Old Testament tend to focus on the question of remarriage (Levirate marriage), Deuteronomy however shows enormous concern about their social condition.
The name widow connotes in some respects their plights. In the view of T.D.Alexander,
„Whereas in modern parlance the term widow refers simply to a woman whose husband has died, in the OT and in the ancient Near East the label had more specific social, economic and legal connotations. In societies characterised by a patrilineal187 and patrilocal framework, the loss of the head of a home left the widow in a precarious and vulnerable situation188. The Hebrew for widow is almanah
hn"ßm'l.a;
. Wilhem A.VanGemeren says, „the etymology is uncertain although there have been several attempts to trace its root from the Semitic background. It probably has link with the Arab.alima, which means to feel pain; from Hebr illem, mute (ie., widow as obliged to be silent; from Arab. armal/murmil helpless) (perhaps from the Semitic root. almar-tu, without husband)189 According to VanGemeren, the OT word „widow‟ not only evokes the notion of bereavement from having lost a husband (2 Sam.1415) but at the same time the loss of economic and social protection and security.190 This can be considered as the raison d’etre for the references et passim in the text segments. The Levirate marriage tradition provides that if a man dies without children, his widow was obliged by Israelite
187 Patrilineal – The practice of establishing family membership by considering only male relations.
188 T.D.Alexander, D.W.Baker. 2003. Dictionary of the Old Testament Pentateuch. England: Intervarsity Press.p.890.
189 W.VanGemeren. Gen. ed. 1997. New International Dictionary of Old Testament Theology and Exegesis, Vol.I, UK: Paternoster Press. p.530.
190 Ibid..
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law to marry her deceased husband‟s brother, and if the latter refuses to take her to wife he was put to shame before the people (Deut 255-10). This practice of the Levirate marriage in Ancient Israel was aimed at not only perpetuating the family lineage but safeguarding the widow against possible humiliation and economic embarrassment. This practice became more and more checkered by the growing social challenges and social changes particularly in the 7th century Israel. This has been observed by VanGemeren:
As long as the Israelites lived as semi-nomads in their tribes and clans and the family ties were still strong, the lot of the widow was not yet a problem. She returned to her parental home where she shared in the protection and care of the clan and kept the possibility of a levirate marriage (Gen.3811, Deut.255-10; Ruth18-11; cf Matt.2224) Later on when, after the settlement in Canaan, the tribalism gave way to the life in cities and villages, the widows became victims of the development of growing social contrasts.
The semantic field associated with the word for the widow also conveys the sympathy which the Deuteronomic texts portray. These terms include, „oppression‟,
„violence‟, „affliction‟, „siege‟, „submit‟, „constrain‟, deal tyrannically etc191. These expressions connote the social conditions of the Widow to which they were exposed to, not in the normadic existence, but in the agricultural and commercial economy of the 7th century which has been greatly influenced by the Canaanite setting. The Isrealite widow had no right of succession or the inheritance of her late husband‟s property. Under the heirs of dead man, in the following sequence: son(s) daughter(s) brothers, father‟s
191 See: F.C.Fensham. 1962. Widow, „Orphan and the Poor in Ancient Near Eastern Legal and Wisdom Literature. JNES, 21: 129-39, D. Gowan. 1987.Wealth and Poverty in the OT..41.p.341-53
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brothers, nearest relative, the widow was not mentioned (Num.278-11)192 The regulation presume a complete ignorance of the wife or widow. ….And you shall say to the people of Israel, ‘If a man dies, and has no son, then you shall cause his inheritance to pass to his daughter. And if he has no daughter, then you shall give his inheritance to his brother. And if he has no brother, then you shall give his inheritance to his father’s brothers. And if his father has no brothers, then you shall give his inheritance to his kinsman that is next to him of his family, and he shall possess it…...The conspicuous absence of the right of the widow to the inheritance of a husband in Israel‟s society is a socio-cultural defect not perculiar to Israelite society but occurs in different socio-cultural setting which the Deuteronomic text addresses. As part of cultic regulation in Ancient Israel, the High Priest was not allowed to marry a widow (Lev. 2114). Deuteronomy unlike the P-Source‟s view on the status of the widow is consistently concerned with the protection of the widows.
J.G. Frazer, who argues in support of the Hebrew root of the widow as „a silent woman‟ identifies some cultural practices in Africa which imposes silence on a widow.
Among the sihanaka in Madagascar the period of silence imposed on a widow is as long as eight months or even year. J.G.Frazer observes;
During the whole time, the widow is stripped of all her ornaments and covered up with a coarse mat, and she is given only a broken spoon and a broken dish to eat out of. She may not wash her face or her hands but only the tip of her fingers.193
192 W.VanGemeren. p. 530.
193J.G.Frazer.1918. Folk-lore in the Old Testament studies in comparative Religion, Legend and law.
London: Macmillan and Co Ltd. p.72.
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Such practices are becoming obsolete. What constitute the plight of widows in more general terms are their social and economic conditions. The Akkadian „almatta,‟
which is the Hebrew equivalent for ‘almanah,’ refers to the women whose husbands have died but who had no male support. This means, according to G.R. Driver, that a woman became an „almattu‟ only when there is no one with the duty to support her.194 Jane I.
Guyer195 discussing the economic position of Beti widows; highlights the social status of widow in most African settings especially the social and economic status of the widow as guided by customary laws. What the customary laws and cultural requirements put on the widow is that the death of the man means a transfer of the widow to an inheritor. This Levirate marriage practice usually limits the freedom of the widow and contentious.
Whether she has right to her deceased husband‟s property e.g. the house or farm to which both of them contributed their labour is often a contended issue. For this reason a widow whose sons and daughters were already social adults generally went to live with her children where she was respected and looked after by her son‟s wives.196 The childless widows are certainly the most vulnerable section of the population orphans inclusive.
Where the widow is a young woman but has sons or daughters who are minors, she is required by custom to live in her matrimonial home with the children. These are the more vulnerable groups as they often receive less attention especially when there is no willing kinsman to shoulder the fanancial responsibilities.
194 Encyclopaedia Judaica. Vol. 16, Ur-Z, 1973 Jerusalem: Keter Publishing House Ltd. p. 488.
195 J.I. Guyer. 1986. Beti Widow Inheritance and Marriage Law: A Social History. In Betty Potash (Ed) Widows in African Societies Choices and Contracts.
196 The African cultural practice where a widow stays with her children is common and cherished, particularly if the children are well to do. It is one reason why African marriages appreciate the gift of children.
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Often, in most African setting, property passes from father to son. It only passes literally from a man to his younger brother under two circumstances. First if there are no sons, and second, temporarily, if the sons are still children. Very often the widow struggles to retain her right over husband‟s property. Guyer observes that during a husband‟s lifetime, he may have laboured to acquire properties that are supposed, after his death, be used by the trustee or inheritor of the properties (such as cocoa farm) to take over the expenses for his dependants. In many cases the demands of the widow on this income and the demands of the trustee are in conflict.197 She says, „One hardly ever meets a woman whose situation would make her a merry widow‟. The above scenario is reflected in most communities making the Deuteronomic response an imperative question. The occurrences of the term almanah in the Pentateuchal narratives tell the stories of ancient customs that are similar to that described in the African context. The precarious situation is also implied in the speeches of widows (2 Sam 145, 2 Kgs 41-7) Several times we meet speeches of widows in the Bible that indicate their precarious social status or conditions. Thus the lament of the Zarephat widow (IKgs 178-16) implies the pains experienced by the vulnerable group. A replica is found in the encounter of Elijah and the wife of one of the prophets (2 Kgs 41-7)The vulnerable state of the widows in Israel would have become more pronounced with the emergence of new socio-economic system under the monarchical system that gives premium to wealth creation and acquisition. Although the social status of widows were not at all time precarious as some were independent and had means of livelihood such as the Shunemite widow who
197 J.I. Guyer.1986. Beti Widow Inheritance and Marriage Law: A Social History. In Betty Potash (Ed) Widows in African Societies Choices and Contracts.
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represents a category and class in Israel and so do not belong to the miserabile personae in Israel. (2 Kgs 413)
(ii) The Sojourner: The social status of the sojourner in ancient Israel is encapsulated by various Hebrew terms. These include
rGEh;
The g¢r,rz"
zar,(pl.~yriz"
,)yrIßk.N"
nokri andbv'îAT
tosab. They are derived from the roots gwr, zwr, nkr and tsb and translated variously as „alien‟ „sojourner‟, „stranger‟, „foreigner‟ „non-Israelite‟ „temporary resident‟ „resident alien‟, „protected citizen‟ or „client‟.198 Thus they define the various shades of meaning given to the sojourner in ancient Israel. It has been observed that ancient Israel was acquainted with two classes of strangers divided into two broad categories namely the resident alien and the foreigners. The Ger describes more appropriately the resident alien. It is derived from root gwr which means to sojourn or tarry as a sojourner. The termrAgm'
translates a place of sojourning. In many legal contexts the ger was used as a technical term for a particular social status to distinguish between the native (ezrah) and brother (ah) on the one hand and the foreigner (nokri) The relationship between these terms is often complex as the term ger is used for both Israelites and non-Israelite in different contexts. For example the term ger and its cognates were applied on occasion to the Patriarchs. E.g., Abraham (Gen.177-8,201, ,2134,234) Lot (Gen.199) Isaac (Gen.3527 ,371) Jacob (Gen.284,324) It was used to describe both the collective or individual temporary stay on other places e.g., Gerar(Gen.201,263) Haran (Gen.323-4) and Egypt (Gen.1210) The other related terms to the concept are nokri,
198 T. Desmond Alexander, D.W. Baker. 2003. Dictionary of the Old Testament Pentateuch. Illinois:
Intervarsity Press. p.27.
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zar, and tosab. The nokri
yrIßk.N""h
, and the zarim~yriz"
reside less temporarily on the land. They entered the land for the pursuit of trade and other commercial ventures. These also retained their ties to their original home lands. In this regard they are actually considered as strangers but not „resident aliens‟. According to W.R. Farmer et al the foreigner spoken of in Deut. 153 is not a resident alien who is somewhat integrated into the Israelite economic and agricultural system but the travelling merchant or craftman who is not affected by the fallow year.199 The text reads,fGO=Ti `^d<)y" jmeîv.T; ^yxiÞa'-ta, ^±l. hy<ïh.yI rv,‟a]w: yrIßk.N"h;-ta,
„Of a foreigner you may exact it; but whatever of yours is with your brother your hand shall release.‟ The Heb. wordyrIßk.N"
; nokrirefers to a foreigner; one who is outside the land of Israel. (see Deut.3212, Mal.211, Ps 8110 ). The term is often used in a descriptive and peculiar sense to differentiate Yahweh from other gods (
rk"+nE yheäl{a/
Gen.3521, Jos.2420,23) Distinction is often made between the native Israelite and the foreigner regarding the cult. Concerning the ritual laws the foreigner is barred from the cult (Exo.1243) It was permissible to sell to the foreigner the animals that died a natural death but which was not applicable to the Israelite (Deut.1421). In the view of T.D.Alexander et al the terms nokri and zar (stranger and foreigner) overlap with ger and are occasionally found in poetic parallel with it but they more clearly address the ethnic foreigner as non-Israelite. The term Zar
199 W.R.Farmer. “Ed.” 1998. The International Bible commentary, A Catholic and Ecumenical commentary for the Twenty-first century. Minnesota: The Liturgical Press. p.504.
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(pl.zarim
~yriz"
) is also translated stranger. It means „to turn aside‟, or „to visit‟Sometimes it translates alien in a negative sense (Hos.57 Job 193, Exo. 3033) The word tosab
bv'îAT
is sometimes considered as identical with the gerbv'îAtw>-rGE
(Gen.234) but sometimes distinguished from him (Num. 3515) The difference between both was based on the level of assimilation within Israel‟s community. The tosab
bv'îAT
was less assimilated in Israel‟s society (Exo.1245)200The term profoundly employed by the redactors in the text segments is
rGE
Ger. The root (Gur) means „to tarry‟ or „to sojourn‟ in a place (Gen.3527,2123, Isa116, Ps.1205,Exo.641248, 2Kgs82) Unlike the nokri and the zar the Ger stay more permanently in the land. The Ger however were not full members of Israelite society but were considered different and of lower status who depended on a patron for protection. The ger were landless and by virtue of their status were economically poor, although some were wealthy201. It is obvious that the ger was not given equal recognition in every sphere of Israel‟s socio-cultural life. These group were often economically poor and were said to have been engaged by David and Solomon to be stone-cutters and burden bearers (I Chron.222, 2 Chron. 216-18)202 It is probable therefore that the consistent use of the term Ger for the sojourner in the text segments was deliberate to reflect their plight and social condition and draw attention to the need to accommodate them in the main stream of the society. This philanthropic disposition advocated by the Deuteronomic School was
200 See Commentary in Bible Works.
201 There were exceptional cases of Ger who were rich,e.g, 2 Sam.1931-34.
202 See T. Desmond Alexander, David W.Baker. 2003. Dictionary of the Old Testament Pentateuch.
Illinois: Intervarsity Press. p.29.
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inspired by the act of deliverance of Israel from the Egyptian bondage from which the lesson of fairness and justice must be drawn.
(iii) The Levites and their Social Status in Ancient Israel: Given the theoretical nature of Ancient Israel, it is evident that the Levites were among the most influential groups within the nation of Israel203. The assignments of the Levites in the cultic setting of Israel were quite numerous and significant. These functions which were principally those within the Temple included singing Psalms during Temple services, performing construction and maintenance of the Temple, serving as guards and performing other services sometimes as teachers and judges204. This assertion considers the status of the Levites from Israel‟s point of view of cultic life. But this also witnessed a paradigm shift in Israel‟s history. The biblical account asserts that at first the Levites were a secular tribe like the others and descended from Levi. In the course of Israel‟s history, the tribe became separated and became the priestly lineage. It is believed that when the Israelites left Egypt the ancient manner of worship in which the eldest son of each house inherited the priestly office was still being practiced. It was at Sinai however that the first change took place. Following this tradition it is believed a hereditary priesthood in the family of Aaron was instituted (Ex.281) According to a different tradition it was in the course of Israel‟s experience at Sinai, with incidence of the terrible sin connected with the sin of the golden calf the tribe of Levi stood apart and began to occupy a distinct position. The zeal for God demonstrated by the Levites conferred on them the religious primogeniture and henceforth was devoted to the service of the sanctuary (Exo.3225-29 cf.Num. 31ff) This made the tribe of Levi the spiritual first born of Israel. The Levitical order consisted of
203 D. L.Jeffrey. A Dictionary of biblical tradition in English Literature. p.450.
204Wikipedia, the free encyclopedia, RetrievedFeb.,26, 2001, from http://en.wikipedia.org.
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the descendants of Levi‟s (Aaron) three sons namely Gershon, Kohath, and Merari. The Kohathites (i.e. the priests) having the special role as the priests in the Tabernacle in the wilderness. (The Levites which are divided into three groups namely the descendants of Gershon, the Gershonites, the descendants of Kohath, the Kohathites and the descendents of Merari, the Merarites constitute the various groups within the Levitical order)
The social status of the Levites in Israel‟s society and religious life in the priestly code suggests that they held an influential position. Considering their entitlement to the tithes of all Israel and assignment of forty-eight cities with the best of the pasture lands, and a certain proportion of the sacrifices as their allotted perquisites (Num.357) the inclusion of the Levites along with the Sojourners, Widows and Orphans suggests that the social status of the Levites had become precarious. As they had no inheritance because of their sacred roles in ancient Israel and as a result of the disruption in the cultic system in Israel, it is not unlikely that the social security offered by their entitlement to the offerings was also disrupted as such became part of the personae miserabile. According to Mane Leuchter, the attention given to the Levites in the Book of Deuteronomy has always prompted scholars to question the motives of the authors responsible for the book.
He argues, „No other work, save Chronicle, so constituently returns to the question of the social status of the Levites as a central pillar of its discourse. But whereas 1 and 2 Chronicles define the status of the Levites in the Zadokite cult and political realm, the Levite in Deuteronomy appears rather distant from the cult…‟ Repeatedly, the phrase,
„the Levites in your gates (
^yr<Þ['v.Bi-rv,a] ywIïLeh;w>
) is used to depict the social status of the Levite in the Book of Deuteronomy. According to Leuchter, „theUNIVERSITY OF IBADAN LIBRARY
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phrase speaks decisively to the traditional locus of regional jurisprudence taking place at the village gates.
What is noteworthy is that, although the gates saw the regular assembly of clan elders convening for juridical purposes, there is little to suggest that this was ever the traditional locus of regional Levitical orders205
.
What is true of the gates in Ancient Israel is that the village gates were not reserved solely for judical process but served as the locale for public meals and gathering (Deut 1215). The above observations suggest that the motive of the authors was different from early juridical traditions associated with the Levitical order in Ancient Israel. It has been argued that the Levites are part of the official echelon that promulgated the Deuteronomic legislation which specifies that due justice shall not be denied to the stranger, the orphans, or the widow (Deut 2417, 1611-12). The exclusion of the Levites in some of the text segments under consideration suggests according to Leuchter that the Levite is on the other side of the equation, that is, the figure who administers law and is involved with the preservation of the legitimate justice that is due these other marginal characters, while the inclusion of the Levites to the marginal groups (orphans, widows, stranger) would mean identifying with their poor social condition. The Deuteronomic articulation of earlier laws in the new social setting which draws the Levites away from the cultic function but rather lay emphasis on the magical group and thereby including the Levites was a literary ploy to address the problem of social inequality. Social inequality has become more pronounced with the institution of the monarchy. The deplorable
205 Xa Vier Leon-Dufour. 1997. Dictionary of Biblical Theology. Wellington House. 125 Strand London:
Geoffery Chapman, p. 607.
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situation of Israel could only be corrected by the earlier customs hence the Deuteronomists‟ legislations.