the child was definitely assigned to one of the members of the group may be regarded as an initial stage of patriarchy.41

The levirate appears to have been unknown in Babylonia. When first emerging into the light of history the Babylonians had passed beyond that stage where the yabam12 marries the childless widow to the end that the decedent's name might be perpetuated.

"Wellhausen, op. cit., 461. Brother-in-law.'

CHAPTER IV

THE Goël, OR NEXT OF KIN

In default of sons or brothers the goël, or next of kin, inherits the property of the deceased. There is sufficient evidence to show that the right of inheritance sometimes involved the duty of marrying the childless widow. For this reason it may be necessary to assume an ancient connection of the geʻulla with the levirate.1

The above term has a most interesting history. Goël signifies "the avenger." If a fellow clansman is slain by an outsider, whether voluntarily or involuntarily, the duty of blood-revenge devolved upon the person standing nearest to the dead, who is known as 'the avenger of blood." To avenge the blood of a kinsman is a matter of family honor. The honor of the kin must be upheld and vindicated, whatever the cost. Thus the duty of blood-revenge is merged into that of a vindicator of family rights. It is quite patent that among the latter we also find the right of inheritance.

On the eve of the destruction of Jerusalem by the Chaldeans Jeremiah receives a visit from his cousin of Anathoth, who wishes to sell some property.3 The proximity of Anathoth to the Judean capital in those trying times may have been responsible for

1 Cf. Jastrow, Avenger, Kinsman, and Redeemer, p. 6.

22 Sam. 14: 11; Deut. 19: 6, 12; Num. 35: 19, 21, 25, 27; Josh. 20:3, 9. Where blood has been shed accidentally, the murderer may flee to one of the cities of refuge especially set aside for the purpose. Deut. 19: 1-3, 7-10; Num. 35: 9-29; Josh. 20.

Jer. 32: 6-15.

the financial embarrassment on the part of Hanameel, detachments of the besieging army having repeatedly entered his native town in quest of provisions for the Chaldean army. At all events he calls upon the prophet to buy his plot of ground in the vicinity of Anathoth. Jeremiah, as the chief agnate, has the right of purchase to the estate. Indeed, it is his duty to buy the land before it goes into strange hands. This is borne out by the Hebrew. Mishpat hagge'ulla of verse 7 really refers to the right of preemption rather than the right of redemption, the property not having been previously sold to a third party. If Hanameel die without issue, Jeremiah would by reason of his close relationship be the only legitimate heir to the entire estate. "And Hanameel mine uncle's son came to me in the court of the prison-and said unto me, Buy my field, I pray thee, that is in Anathoth .; for the right of inheritance is thine and the right of preemption is thine." The purchase is made in keeping with all the legal requirements of the time. A deed is drawn up by the contracting parties; witnesses are called; and in their presence the money is placed on scales and weighed, full weight being insisted upon in every business transaction. According to verse 10 the deed was already sealed when signed by the witnesses, in which case the names were probably written on the outside of the sealed copy to avouch the fact that it was properly sealed. This, of

'duty.

' Cornill, Jer., 360; Giesebrecht, Jer., 176.

• v. 8.

7 Giesebrecht, op. cit., 177.

98

course, raises a somewhat difficult question, e. g., what was the nature of the document, or purchasedeed of our text? The Massoretic text evidently speaks of two copies, 'the sealed and the open. The Septuagint, on the contrary, refers to only one copy." In verse 11 'the commandment and the stipulations' is probably a gloss. Et-haggaluy is likewise omitted in the Greek. Of the omissions in

(immediately after

are the most important.

הַזֶּה and, אֶת־הַסְפָרִים הָאֵלֶּה וְאֶת־הֶחָתוּם 14 Verse

and וּנְתַתָּה the Greek has וּנְתַתָּם In place of The LXX reads: otros eine .יַעַמְדוּ instead of יעמד

κύριος παντοκράτωρ λάβε τὸ βιβλίον τῆς κτήσεως τοῦτο (καὶ τὸ βιβλίον τὸ ἀνεγνωσμένον) καὶ θήσεις (αὐτὸς εἰς ἀγγεῖον ὀστράκινον ἵνα δια μείνῃ ἡμέρας πλείους. The expression καὶ τὸ βιβλίον τὸ ἀνεγνωσμένον arouses suspicion.10 It may have been taken over from a copy of the Hexapla and then added to the original translation on the basis of the M. T. If the LXX reading may be taken as a safe guide, the original Hebrew text would read as follows:

כה אמר יהוה צבאות קח את ספר המקנה הזה ונתתה Thus saith Yahwe) בכלי חרש למען יעמד ימים רבים

of hosts: take this purchase-deed and put it in an earthen vessel that it may continue many days." Stade maintains that there was only one copy of the contract which consisted of two parts. A portion of the document, containing all the necessary data relating to the purchase, was folded up and sealed, after which the witnesses wrote their names on the

remaining portion which was left open.11 A similar distinction is made in the case-tablets of ancient Babylonia as well as in the scriptura interior and exterior of the Roman contracts.12 The open copy could be readily used for ordinary reference and the one that was sealed must only be appealed to in cases of dispute. We must now seek an explanation for the additional information furnished by the M. T., which is wanting in the LXX. These additions evidently belong to a time when duplicate copies of real estate transactions were required by custom. The open13 deed would then be a separate document, or duplicate, which could be shown whenever needed.14

Jeremiah greets this opportunity of buying his cousin's property as a providential token of the final restoration of those who are about to be exiled, for "houses and fields and vineyards shall again be bought in this land.""15 The amount paid for the field was seventeen sheqels of silver.16 Why so trifling a sum was paid is not stated. An attempt is made by some expositors to show that money possessed a much greater purchasing power in ancient Israel than at a later period. A wandering Levite, for example, agrees to remain in Micah's house and become his priest for 'ten sheqels of silver a year, in addition to a complete suit of apparel and his living. "17 David buys the threshing floor of Arau

11 Zeitschrift für alt-testamentliche Wissenschaft, 1885, 176. 12 Duhm, B., Lit. Centralblatt (1904), 875.