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t', “flyers,” a word that is firmly attested later in the text. 17 See IBHS §8.2; Joüon-Muraoka §93 l–q. 18 IHBS §5.7c.
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munity’s sins. As in the case of the Leukadian scapegoat, his crime is not specified, but it symbolizes impurity akin to that of the goat, except that the latter had to be made impure by a ritual of transference. Like the Hittite woman, he plays the role of a buffer between the high priest and the sin-ridden scapegoat and there is a double dispatch: of the yt%i(i #$y)i by the high priest and of the goat by the yt%i(i #$y)i. Unlike in the parallels, the biblical criminal could eventually return after dispatching the scapegoat and could presumably escape further punishment for his offence.19 The difference is based on impeccable logic. Since the purpose of the biblical ritual is to remove not a plague (or similar divine punishment for sin) but the actual sins of every Israelite, the criminal must have had his sin removed as well. 19 He did, however, have to wash his clothes and bathe before he was allowed to reenter the camp (Lev 16:26). The one who burns the sacrificial bull and goat of the sin offering outside the camp must perform the same cleansing ritual (Lev 16:27–28).
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Warfare and Wanton Destruction: A Reexamination of Deuteronomy 20:19–20 in Relation to Ancient Siegecraft jacob l. wright [email protected] Candler School of Theology, Emory University, Atlanta, GA 30322
To Michael Walzer, with admiration In January 1865, Henry Halleck, chief of staff in Washington, D.C., wrote to Maj. Gen. William T. Sherman in Savannah, Georgia: “Should you capture Charleston, I hope by some accident the place may be destroyed, and if a little salt should be sown upon its site it may prevent the growth of future crops of nullification and secession.” In response Sherman wrote: “I will bear in mind your hint as to Charleston but don’t think salt will be necessary. [. . .] The truth is the whole army is burning with insatiable desire to wreak vengeance upon South Carolina. I almost tremble at her fate.”1 The horrific devastation of a city and its surrounding territory planned in this Civil War correspondence is an atrocity common to the history of warfare. For ethicists and jurists, these strategies of urbicide (wiping out a city’s architectural memory) and ecocide (ravaging an environment) concern ius in bello,2 and by This article is based on a lecture at Emory University on November 13, 2006, and was produced in the process of writing my forthcoming book, War and the Formation of Society in Ancient Israel (Oxford University Press). 1 See E. Milby Burton, The Siege of Charleston 1861–1865 (Columbia: University of South Carolina Press, 1970), 312–13. 2 For the term “urbicide,” see Robert Bevan, The Destruction of Memory: Architecture at War
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proscribing the destruction of fruit trees in siege situations, Deut 20:19–20 has made a historic contribution to this area of Just War theory and Laws of Armed Conflict (LOAC). In what follows I examine the Deuteronomic prohibition in the setting of ancient siege warfare. In particular I challenge some current interpretations according to which the law constitutes a polemic against, or subversion of, foreign imperial ideology. After situating the practice forbidden by Deuteronomy in the larger context of military tactics in ancient Western Asia and the eastern Mediterranean, I attempt to show that the law emerged from an intrasocietal discourse on acceptable military conduct rather than an intersocietal response to the warfare of other nations. We begin by looking briefly at the reception of the law in modern jurisprudence.
I. Hugo Grotius, and Neo-Assyrian Siege Techniques More than two hundred years before the American Civil War, the Dutch jurist, philosopher, dramatist, poet, and Christian apologist Hugo Grotius (1583–1645) published De iure belli ac pacis, a three-volume treatise that stands as a formidable monument in the history of international law.3 One particularly influential chapter of this work exhorts military leaders to display Temperamentum circa vastationem et similia.4 Appealing to the universal authority of ius naturae,5 its pages quote a wide range of Greco-Roman authors, demonstrating the frequency with which they condemn the wanton destruction of lands and cities. But it also draws heavily on Jewish authors such as Philo and Josephus, as well as medieval commentators, who censure the gratuitous wasting of property.6 For Grotius, the views (London: Reaktion, 2007), and for “ecocide,” see Aaron Schwabach, “Ecocide and Genocide in Iraq: International Law, the Marsh Arabs and Environmental Damage in Non-International Conflicts,” Colorado Journal of International Environmental Law & Policy 15 (2003/2004): 1–38. 3 Hugo Grotius, The Rights of War and Peace, Edited and with an Introduction by Richard Tuck: From the Edition by Jean Barbeyrac (3 vols.; Indianapolis: Liberty Fund, 2005; first published in 1625). Many legal historians regard this Dutch thinker as the most important figure in the history of international law; see, e.g., Hersh [Hersch] Lauterpacht, “The Grotian Tradition in International Law,” British Year Book of International Law 23 (1946): 1–53. For an overview of Grotian scholarship since Lauterpacht, see Renée Jeffery, “Hersch Lauterpacht, the Realist Challenge and ‘Grotian Tradition’ in 20th-Century International Relations,” European Journal of International Relations 12 (2006): 223–50. 4 “Concerning Moderation in regard to the spoiling the Country of our Enemies, and such other Things,” the title of ch. 12, book 3. 5 For Grotius, ius humanum consisted of ius naturae, ius civile, and ius gentium (naturale, voluntarium); see Rights of War and Peace, 1:150–62, as well as N. Konegen, “Zum Staatsverständnis von Hugo Grotius,” Institut für Staatswissenschaften 7 (1998): 6–30; and Knud Haakonssen, “Hugo Grotius and the History of Political Thought,” Political Theory 13 (1985): 239–65. 6 Grotius, Rights of War and Peace, 3:1459–62. Grotius maintained a lively correspondence
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of this group are imbued with greater authority since they descend directly from “the Law” (i.e., the Torah). The specific biblical passage to which these writers appeal is the Deuteronomic prohibition of destroying fruit trees when one besieges a city, known in Jewish tradition as tyx#t lb/)l: When in your war against a city you have to besiege it a long time in order to capture it, you must not destroy its trees, wielding the ax against them. You may eat of them, but you must not cut them down. Are trees of the field human to withdraw before you into the besieged city? Only trees that you know do not yield food may be destroyed; you may cut them down for constructing siegeworks against the city that is waging war on you, until it has been reduced. (Deut 20:19–20 according to TNK)
On the basis of this scriptural text Grotius admonishes his readers: For if the Creator and supreme LORD of Mankind did not approve, that the Israelites should lay waste without Necessity the Lands of the People, against whom he had armed them in an extraordinary Manner, and had made them as it were the Executors of his terrible Judgments; much more would he not approve our doing so in ordinary Wars, often unjust, and undertaken without much Necessity, and wherein the Party who boasts the most of the Justice of his Cause, is sometimes in the wrong.7
The principles of “proportionality” and “necessity” that Grotius elaborates here, as well as the norms defended throughout the chapter, had a deep impact on Just War theory as well as LOAC that proscribe the ruination of civilian infrastructures.8 In order to measure their influence, one can compare Grotius’s arguments to the wording of the Geneva and Hague Conventions, the Nuremberg Principles, or the United Nations Charter.9 On November 5, 2006, the Supreme Iraqi Criminal Tribunal convicted Saddam Hussein of crimes against humanity on the basis of a special statute informed by these and other international conventions.10 One of the five charges brought against Hussein was significantly the destruction in Dujail of 250,000 acres of fruit trees—precisely the sort of vegetation that the biblical law sought to protect.
with Menasseh ben Israel, and, although often struggling and confused, he read with lively interest medieval Jewish commentators in Hebrew. See Phyllis S. Lachs, “Hugo Grotius’ Use of Jewish Sources in On the Law of War and Peace,” Renaissance Quarterly 30 (1977): 181–200. 7 Grotius, Rights of War and Peace, 3:1459 (italics in original). 8 It was primarily through Grotius that Deut 20:19–20 had its significant impact on modern jurists. De Indis de jure belli by Francisco de Vitoria (1483–1546) refers often to Deuteronomy 20, but never to vv. 19–20. 9 Other chapters also had an impact on these conventions. See Peter Haggenmacher, Grotius et la doctrine de la guerre juste (Paris: Presses universitaires de France, 1983). 10 These include the Iraqi Law Number 7 of 1958, the Iraqi Criminal Code Number 111 of 1969, Iraqi Law Number 10 of 2005, the Statute of the Iraqi Special Tribunal from 2003, as well as articles 6–8 of the Rome Statute of the International Criminal Court.
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By way of De iure belli ac pacis one can thus trace a line of continuity from contemporary international jurisprudence to the Deuteronomic prohibition.11 With respect to this law in Deuteronomy, many scholars claim that the authors of the code framed the law as a direct response to Neo-Assyrian military tactics. The view is not new. Supporting the opinion of Johann Gottfried Eichhorn (1752– 1827), August Dillmann wrote in 1886 that the war laws in Deuteronomy 20 aim to hinder “the wild barbarism and brutality with which many ancient peoples, especially the Assyrians, fought wars,” and to affirm the “the higher moral spirit of Yahwism, namely, the basic principles of leniency and clemency.”12 In recent years this view has won more adherents.13 Thus Eckart Otto avers with respect to vv. 19– 20: “One could not formulate a more explicit protest against Assyrian warfare, 11 It is important to note that the censure of wanton destruction has a long tradition in Iraq. The official gazette of Iraq, Al-Wāq’āi‘ al-‘Irāqiīya, in which the Statute of Iraqi Special Tribunal from 2003 was published, has on its front cover an image of Hammurabi’s Laws, which in §59.4–9 specifies heavy punishments for the destruction of property—in particular fruit trees (date palms). In addition to earlier witnesses to this legal tradition (see, e.g., Jerrold S. Cooper, Sumerian and Akkadian Royal Inscriptions, vol. 1, Presargonic Inscriptions [New Haven: American Oriental Society, 1986] 71–72, cols. v and x), the Qur’an enjoins Muslims to abstain from harming trees in a jihad; see M. I. H. Farooqi, Plants of the Quran (Lucknwo: Sidrah, 1992), 25; Al-Hafiz B. A. Masri, “Islam and Ecology,” in Islam and Ecology (ed. Fazlum Khalid and Joanne O’Brien; New York: Cassel, 1992), 13. Some Muslim armies were accompanied by a special officer whose duties included ensuring that the soldiers abstained from burning trees. In modern Iraq, orchards (owned most often by the local elite) surround cities and villages, and the situation does not seem to have been much different in ancient Babylonia. I thank Nili Wazana for the inspiration to research Hussein’s trial in this context. 12 August Dillmann, Numeri, Deuteronomium und Josua (2nd ed.; EHAT; Leipzig: S. Hirzel, 1886), 334–35 (my translation of “. . . wilde Rohheit u. Grausamkeit, mit welcher von manchen alten Völkern, zumal den Assyrern, die Kriege geführt wurden” and “den höheren sittlichen Geist des Jahvethums, nam. die Grundsätze der Milde u. Schonung”). Unfortunately I could not locate the passage from Eichhorn to which Dillmann refers. 13 See, inter alia, George Adam Smith, The Book of Deuteronomy (Cambridge: Cambridge University Press, 1918), 249; Walther Eichrodt, Theologie des Alten Testaments (Leipzig: Hinrichs, 1933), 64; Gottfried Seitz, Redaktionsgeschichtliche Studien zum Deuteronomium (BWANT 13; Stuttgart: Kohlhammer, 1971), 159; Horst Dietrich Preuss, Deuteronomium (EdF 164; Darmstadt: Wissenschaftliche Buchgesellschaft, 1982), 120; Joseph Blenkinsopp, “Deuteronomy” in The Jerome Biblical Commentary (ed. Raymond E. Brown et al.; London: Geoffrey Chapman, 1968), 101–22, here 114; Mark W. Hamilton, “The Past as Destiny: Historical Visions in Sam'al and Judah under Assyrian Hegemony,” HTR 91 (1998): 215–50, here 237; and Jeffrey Stackert, “Rewriting the Torah: Literary Revision in Deuteronomy and the Holiness Legislation” (Ph.D. diss., Brandeis University, 2006), 175–79, 185. Many appeal to both Assyrian and biblical sources; see, e.g., Samuel R. Driver, A Critical and Exegetical Commentary on Deuteronomy (3rd ed.; ICC; Edinburgh: T&T Clark, 1951), 236; Karl Krämer, Numeri und Deuteronomium (Heilige Schrift für das Leben II/1; Freiburg: Herder, 1955); Fritz Stolz, Jahwes und Israels Kriege (ATANT 60; Zurich: Theologischer Verlag, 1972), 27–28; and Israel Eph‘al, “The Assyrian Ramp at Lachish: Military and Lexical Aspects” (in Hebrew), Zion 49 (1984): 343 n. 28.
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which is reflected in their royal inscriptions and palace reliefs.”14 In a finely nuanced essay, Nili Wazana argues similarly to Otto, treating this law as a polemic retort that “sheds light on the way subjugated peoples countered ideological pressure during their contacts with the world’s first empire.”15 Parallels between the law and Assyrian sources have even been cited as external evidence for dating the composition of Deuteronomy, and this in turn prompted a book-length response by Michael G. Hasel.16 Now if it is warranted to claim that the Deuteronomic law originated as a protest against Neo-Assyrian imperial ideology, and if the law, by way of Grotius’s influential treatise, directly informs our modern war conventions that condemn wanton destruction, then the line of continuity traced above would extend from these conventions back to anti-Assyrian imperial polemics! Although this bold thesis may have a certain appeal in a scholarly context governed by postcolonial discourse, it proves upon closer inspection to be untenable. The weak link in the chain of reception history is not the one that connects Deuteronomy 20 to Grotius or Grotius to modern war conventions, but rather the attempt to interpret the ancient law as a polemic against “the empire.” In what follows I endeavor to demonstrate that this approach fails to account adequately for both the Deuteronomic text and the Neo-Assyrian sources. I begin by treating the Deuteronomic law in the broader context of ancient military practices.
II. Intentional and Incidental Destruction in War For both ancient and modern warfare, one can distinguish two general ways of jeopardizing civilian infrastructures, or to use a more felicitous term, Life Sup-
14 “Deutlicher kann man seinen Protest gegen assyrische Kriegspraxis, die sich in neuassyrischen Königsinschriften und Palastreliefs niedergeschlagen hat, nicht zum Ausdruck bringen.” See Eckart Otto, Krieg und Frieden in der Hebräischen Bible und im Alten Orient (Theologie und Frieden 18; Stuttgart: Kohlhammer, 1999), 100. 15 Nili Wazana, “Are the Trees of the Field Human? A Biblical War Law (Deut. 20:19–20) and Neo-Assyrian Propaganda,” in Treasures on Camels’ Humps: Historical and Literary Studies from the Ancient Near East Presented to Israel Eph‘al (ed. Mordechai Cogan and Dan'el Kahn; Jerusalem: Hebrew University Magnes Press, 2008), 275–95, here 295. 16 Michael G. Hasel, Military Practice and Polemic: Israel’s Laws of Warfare in Near Eastern Perspective (Berrien Springs, MI: Andrews University Press, 2005). Hasel’s argument is based on what I regard as a misunderstanding, namely, that the authors of Deut 20:19–20 were primarily opposed to the use of fruit trees to build siege works. Hasel finds evidence of this practice in one text (the account of the siege of Megiddo by Thutmosis III) and concludes that the law represents a polemic against military practices from the mid-second millennium. I have reviewed his argument elsewhere (see RBL [http://www.bookreviews.org ] and JBL 124 [2005]: 755–58) and thus will not focus on it here.
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port Systems (LSS).17 The first is incidental or unintentional destruction.18 In ancient western Asia and the Eastern Mediterranean, populations were especially hard hit from this side of military conflicts. During lengthy periods of armed conflict, farmers could not attend to the daily chores of plowing and planting, nursing the vineyards and olive orchards, or repairing terraces that facilitate agriculture in hilly terrain.19 This is a case of winning the battle yet losing the war insofar as the population, prohibited from duties of husbandry, faced severe economic depression, if not famine, long after the enemy had desisted from its assault. An illustration of this phenomenon is provided by the corpus of seventy-one letters from Rib-Adda that were found among the Amarna archives (fourteenth century b.c.e.).20 In one of the letters from this corpus, Rib-Adda writes to the king of Egypt complaining that he was beleaguered, trapped in his city of Byblos “like a bird in a cage” (EA 79, 90 et al.). Because of the enemy at his doorstep, planting was impossible: “For lack of cultivation my field is like a woman without a husband” (EA 74, 75, 81).21 This in turn had catastrophic consequences. Rib-Adda’s people had sold not only their household objects but also their children for provisions (ibid.). The escalation of hostilities made fieldwork impossible, and the threat of starvation during the winter led to a depopulation of the region. Even if the inhabitants of Byblos could hold out against their besiegers, famine was inevitable and would continue to inflict losses for many months after the siege had been lifted.22 17 LSS
are “any natural or human-engineered system that furthers the life of the biosphere in a sustainable fashion. The fundamental attribute of LSS is that together they provide all of the sustainable needs required for continuance of life” (The Encyclopaedia of Life Support Systems [EOLSS], Developed under the Auspices of UNESCO [Oxford: EOLSS Publishers, http:// www.eolss.net]; see “Definition of EOLSS”). Although not referring to the EOLSS, Hasel occasionally uses this term in Military Practice. 18 This category includes “collateral damage,” a euphemism used since the Vietnam War for tangential harm caused to civilians and their property; see USAF Intelligence Targeting Guide (Air Force Pamphlet 14-210: Intelligence, 1998), 179–80. 19 For ancient Israelite agricultural practices, see Oded Borowski, Agriculture in Iron Age Israel (Boston: ASOR, 2002); and D. C. Hopkins, The Highlands of Canaan: Agricultural Life in the Early Iron Age (SWBA 3; Sheffield: Almond, 1985). 20 See Mario Liverani, “Rib-Adda, Righteous Sufferer,” in Myth and Politics in Ancient Near Eastern Historiography (ed. Zainab Bahrani and Marc Van de Mieroop; London: Equinox, 2004; orig. publ. in 1974), 97–124; and W. L. Moran, “Rib-Hadda: Job at Byblos?” in Biblical and Related Studies Presented to Samuel Iwry (ed. Ann Kort and Scott N. Morschauser; Winona Lake, IN: Eisenbrauns, 1985), 173–81. 21 This line is widely assumed to reformulate a proverb: “A woman without a husband is like a field without a farmer.” 22 As William L. Moran observes for the Amarna letters, “Interference in the basis of agrarian life, flocks and fields, seems to belong to the topos of ‘under siege’” (The Amarna Letters [Baltimore: Johns Hopkins University Press, 1987], 298). One could argue that this is a case of an enemy army intentionally interfering with LSS. The besieging army accordingly meant only to
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A more obscure, yet nevertheless important, example of incidental destruction of LSS is locust plagues. During a time of extended military conflict, fields cannot be plowed. In western Asia this situation allows grasshopper egg pods, deposited by the female in the topsoil, to survive and reach maturity. As a consequence, there is a high chance that the region will face a locust plague in the following year. Such was the case, for example, in Afghanistan after the war in 2002. For ancient western Asia, locust plagues after lengthy periods of war are evidenced by various letters.23 In them we hear of local rulers declaring that their subjects were on the verge of deserting the region because of locust plagues or of soldiers working in special pest management task forces assigned to treat the pests.24 LSS were imperiled not only inadvertently but also when armies consciously selected them as the targets of their aggression. Examples of such wanton destruction are depicted throughout the Bible. In Judg 9:45 Abimelech quells a revolt in Shechem by razing the city and sowing it with salt. As with regard to Charleston in the letters quoted above, these ecocidal and urbicidal measures were intended to have both a strategic and a symbolic impact.25 An act that corresponds to the destruction of water utilities by modern armies is reported in 2 Kgs 3:19, 25, where the Israelite coalition stops up the wells of the Moabites (see also Gen 26:15, 18). Direct assaults on agricultural subsistence are depicted at least twice in the book of Judges. Every time the Israelites had finished sowing, the Midianites would come up against them to ravage their produce and livestock (Judg 6:3–5).26 Similarly,
weaken the power base of the local ruler by prohibiting agricultural activities. Polyaenus 4.6.20 provides an analogy. This motivation for the siege of Byblos cannot be ruled out, and we must assume that the aggressor did whatever it took to get the job done. But from other letters it seems that the besieging army aimed to conquer the city as quickly as possible and was not always aware of—or at least not satisfied with—the economic effects of the armed conflict. 23 See Karen Radner, “Fressen und gefressen werden: Heuschrecken im Alten Orient,” WO 34 (2004): 7–22. 24 The book of Joel contains prophecies of an impending war that seem to describe various developmental stages of locusts. See, e.g., John A. Thomson, “Joel’s Locusts in the Light of Near Eastern Parallels,” JNES 14 (1955): 52–55. 25 Sowing a land with salt-cress or salt was a common punitive measure in ancient western Asia; see, e.g., Sefire I, A, 35–36 (ANET, 660a); A. K. Grayson, Assyrian Rulers of the Third and Second Millennia BC (to 1115 BC) (RIMA 1; Toronto: University of Toronto Press, 1987), 183, II. 47– 53 (Shalmaneser I); A. K. Grayson, Assyrian Rulers of the Early First Millennium BC (2 vols.; RIMA 2, 3; Toronto: University of Toronto Press, 1991), Prisma 87.1: V:99–VI:22 (Tiglath-pileser I); and Maximilian Streck, Assurbanipal und die letzten assyrischen Könige bis zum Untergang Nineveh’s (Leipzig: Hinrichs, 1916), 50–58 v 126–vi 103; all the latter examples use zarû (“sow”). See also Stanley Gevirtz, “Jericho and Shechem: A Religio-Literary Aspect of City Destruction,” VT 13 (1963): 52–62; and Moshe Weinfeld, Deuteronomy and the Deuteronomic School (Oxford: Clarendon, 1972), 109–11. 26 The tactic of demoralizing one’s enemies by repeatedly allowing them to plant and then destroying the fields is mentioned also by Frontinus 3.3.1.
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Samson catches three hundred foxes, ties torches to their tails, and sets them free to burn the Philistines’ grain, vineyards, and olive groves (15:4–5). While these stories may not be historically reliable, they demonstrate that their authors were well aware of the tactical potential of LSS destruction. A closer analogy to the law in Deuteronomy is found in another letter from Rib-Adda to the Egyptian court (EA 91). Here the Phoenician ruler reports that his enemy had vanquished all his cities and was striving now to take Byblos. While waiting for the city either to capitulate or deliver a large sum of silver and gold as a payoff for terminating the siege, he plundered the city’s grain and began to cut down its orchards.27 Deuteronomy 20:19–20 bans the kind of warfare that seems to have been waged against Byblos insofar as it forbids Israelite armies to destroy fruit trees when the city they are besieging has not surrendered after an extended period of time. The law envisions a situation of a protracted siege: “If you besiege a city for many days (Mybr Mymy) . . . .”28 Moreover, it refers to gradual tree destruction that occurs before the city capitulates. Taken strictly, the law does not refer to conduct after a siege has been lifted (see v. 20b). Finally, it presupposes that the Israelite armies would be inclined to cut down orchards when besieging a city. In order to understand why an Israelite army or Rib-Adda’s antagonist would have felled fruit trees when investing a city, we must take a brief glance at the repertoire of ancient siege tactics.
III. The Indirect Approach Before the advent of heavy artillery and explosives, most armies of the first millennium b.c.e. lacked the logistical and tactical expertise required to breach fortifications.29 Because one could not always rely on the efficacy of sonic warfare,
27 The condition of the tablet does not permit certainty. See J. A. Knudtzon, Die El-AmarnaTafeln, vol. 1 (Leipzig: Hinrichs, 1915), 430–31; as well as R. F. Youngblood, “The Amarna Correspondence of Rib-Haddi, Prince of Byblos” (Ph.D. diss., Dropsie College, 1961), 351–54. William L. Moran suggests that am-ma-qú-ut may have been contaminated by ammaššah~ in line 16 (The Amarna Letters [Baltimore: John Hopkins University Press, 1992], 165). Anson F. Rainey has confirmed Knudtzon’s reading of line 14, translating it accordingly: “My orchards [and] my [field]s were cut down” (private correspondence from March 19, 2007, based on transcription made on September 22, 2003). 28 The protasis is formulated as expected for a situation before the city has been taken; see, e.g., 1 Kgs 20:1 (hb Mxlyw Nwrm# l( rcyw). 29 The biblical record does recount several cases in which the Israelite armies captured cities by direct assault. The most explicit example is 2 Sam 20:15 (hmwxh lyphl Mytyx#m). This conventional siege warfare consisted of sapping (undermining), ramming, scaling, and tunneling,
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as in the battle of Jericho,30 it was necessary to devise poliorcetic methods with which an aggressor could either penetrate the city by subterfuge or entice its inhabitants to come forth.31 Modern military science refers to this type of warfare as “the indirect approach.”32 Although large professional armies such as that of the Assyrians did employ this method, they also had the option of frontal assault, which involved most often the construction of time-consuming siege ramps.33 This contrasts starkly with Assyria’s weaker competitors in the southern Levant. Because their armies consisted of mostly conscripted soldiers serving short duties, they relied more heavily on alternatives to frontal assaults. When beginning a siege, one usually attempted to reason with the city. Thus the eighth-century b.c.e. Nubian ruler Piye offered his foes an alternative: “‘Look, two ways are before you; choose as you wish. Open [your gates], you live; close, you die. My majesty will not pass by a closed town!’ Then they opened immediately.
which in the first millennium were practiced most effectively by the Assyrians; see the exemplary work of Israel Eph‘al, Siege and Its Ancient Near Eastern Manifestations (in Hebrew; Jerusalem: Magnes, 1996), as well as Erika Bleibtreu, “Five Ways to Conquer a City,” BARev 17 (May/June 1991): 52–61, 75; A. Mierzejewski, “La technique de siège assyrienne aux IX-VII siècles avant notre ère,” Etudes et Travaux 7 (1973): 11–20; Walter Mayer, Politik und Kriegskunst der Assyrer (ALASP 9; Münster: Ugarit, 1995), 470–74. 30 Although the term is used here tongue-in-cheek, sonic and ultrasonic warfare (USW), which employs sound-pressure and -power, represents a heavily researched area in modern military technology and is already employed by many armies in both their lethal and nonlethal arsenals. Additional biblical examples are found in Judg 7:18–22; 2 Chr 13:15; 20:21–23. 31 The book of Proverbs refers several times to battle tactics (see 11:14; 20:18; 21:22; 24:6; as well Jer 49:20, 30), and military officers in ancient Israel would likely have undergone formal training in siegecraft. See Abraham Malamat, “Israelite Conduct of War in the Conquest of Canaan,” in Symposia Celebrating the Seventy-fifth Anniversary of the Founding of the American Schools of Oriental Research (1900–1975) (ed. Frank Moore Cross; Zion Research Foundation Occasional Publications; Cambridge, MA: ASOR 1979), 35–55, here 44–45. Because military knowledge is famously well transmitted through time and space, the Strategemata of Frontinus and Polyaenus may provide insights into siege tactics employed earlier in western Asia. See Eph‘al, Siege; as well as idem, “Ways and Means to Conquer a City,” in Assyria 1995: Proceedings of the 10th Anniversary Symposium of the Neo-Assyrian Text Corpus Project, Helsinki, September 7–11, 1995 (ed. Simo Parpola and Robert M. Whiting; Helsinki: Helsinki University Press, 1997), 49–53. Eph‘al refers to I. Starr, Queries to the Sungod: Divination and Politics in Sargonid Assyria (SAA 4; Helsinki: Helsinki University Press, 1990), which provides catalogues of stratagems. 32 The concept was introduced by Basil Liddell Hart after World War I; see The Decisive Wars of History (London: G. Bell & Sons, 1929). Malamat draws on this concept for a quite different purpose: to explain the success of the Israelite armies in the conquest of Canaan (“Israelite Conduct of War, 44–47; see also idem, “How Inferior Israelite Forces Conquered Fortified Canaanite Cities,” BARev 8 [1982]: 24–35). 33 For an illustrative example, see Israel Eph‘al, “The Assyrian Siege Ramp at Lachish: Military and Lexical Aspects,” Tel Aviv 11 (1984): 60–70.
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His majesty entered the town” (line 82).34 Significantly, Deuteronomy 20 commands Israel to begin a siege with an offer of peace.35 When a city spurned the offer, it often paid a dear price when it was finally conquered. Thus, 2 Kgs 15:16 reports that Menahem attacked the region surrounding Tiphsah (or Tappuah) and “ripped open all its pregnant women” because it did not “open” to him. The harsh treatment epitomized by this expression would have served to encourage other cities to choose the path of peace, rendering future sieges unnecessary.36 This tactic of psychological warfare seems to have been employed widely.37 A favorite siege tactic in war legends is the ruse. In addition to the popular tale of the Trojan horse,38 an older and less familiar Egyptian account tells how Thoth, a general of Thut-mose III, captured Joppa by hiding armed warriors in two hundred large baskets that another three hundred soldiers carried into the Canaanite city, claiming they contained gifts for the governor.39 While we cannot be sure what is intended, ruses are also mentioned often in the “Queries” from Sargonid Assyria.40 Schemes and ambuscades are also popular motifs in biblical siege stories. Battles involving feigned retreats, decoys, diversionary maneuvers and “liers in wait” (Mybr)) are depicted in the conquest stories of Ai (Joshua 8), Shechem (Judg 34 Miriam Lichtheim, Ancient Egyptian Literature: A Book of Readings (3 vols.; 2nd ed.; Berkeley: University of California Press, 1980), 3:74. See Pnina Galpaz-Feller, “The Victory Stela of King Piye: The Biblical Perspective on War and Peace,” RB 100 (1993): 399–414. His words may be compared to Jer 38:17–18 (see A. Niccacci, “Egitto e Bibbia: Sulla base della stele di Piankhi,” LASBF 32 [1982]: 7–58, here 28); Deut 20:11; 30:15–20; 2 Kgs 18:19–35/Isa 36:4–20. That the Assyrians also negotiated with cities is well documented: In addition to 2 Kings 18, the omen literature refers often to the possibility of taking a city through “kind words” and peaceful negotiations. See Starr, Queries, texts 30, 43, 44, 101, 209, 267 as well as Eph‘al, Siege, 27. See also A. L. Oppenheim, “‘Siege-Documents’ from Nippur,” Iraq 17 (1955): 69–89; Grant Frame, “A Siege Document from Babylon Dating to 649 B.C.,” JCS 51 (1999): 101–6. 35 An alternative to offers of peace as means for enticing the enemy out onto the battlefield is vilification; see 1 Kgs 20:9–12 and (generally in battle) J. J. Glück, “Reviling and Monomachy as Battle-Preludes in Ancient Warfare,” Acta Classica 7 (1964): 25–31; and W. Kendrick Pritchett, The Greek State at War (5 vols.; Berkeley: University of California Press, 1974), 2:153–55; Starr, Queries, texts 29, 43, 44, 102. 36 For the possibility that the expression is a hyperbolic trope, see Mordechai Cogan, “‘Ripping Open Pregnant Women’ in Light of an Assyrian Analogue,” JAOS 103 (1983): 755–57; and Nadav Na’aman, “The Deuteronomist and Voluntary Servitude to Foreign Powers,” JSOT 65 (1995): 37–53. 37 See the classic statements by H. W. F. Saggs, “Assyrian Warfare in the Sargonid Period,” Iraq 25 (1963): 149–50, as well as the discussion below. 38 See the Ἰλίου πέρσις and Odyssey 8.487–520. 39 For the story of Thoth, see ANET, 22b–23b. Hans Goedicke shows the connections between this trick, reminiscent of Ali Baba, and the tale of the Trojan horse (“The Capture of Joppa,” ChrEg 43 [1968]: 219–21). 40 See Starr, Queries, texts for nikiltu in the glossary.
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9:25, 30–45), Gibeah (Judg 20:29–48), the city of the Amalekites (1 Sam 15:5), and Samaria (2 Kgs 7:12). In the story of the conquest of Bethel (Judg 1:24–25), spies from the tribe of Joseph make a pact with an informant in order to learn of a secret ingress into the city.41 Although not mentioning any treachery, the legend of David’s conquest of Jerusalem seems to allude to the penetration of the city via its water shaft (2 Sam 5:8). A water source was not just a vulnerable point of entry; it could also be blocked in order to force a city’s residents to surrender. In preparation for the onslaught of the enemy, Nahum enjoins the Ninevites not only to strengthen their forts but also to “draw water for the siege” (3:14). Without a source from which they could be replenished, reservoirs were ultimately insufficient. Thus, the Rabshakeh, standing next to one of Jerusalem’s water sources, refers to the people sitting on the wall as those who are doomed “to drink their own urine” (2 Kgs 18:27). The tactic of cutting off the municipal water supply was, however, not always practicable, since wartime experiences could be counted on to make an impact on urban planning. Hezekiah is said to have created a conduit to direct the waters of the Gihon into Jerusalem (2 Kgs 20:20; 2 Chr 32:30; see also Isa 22:9–11), presumably in preparation for Sennacherib’s campaign. Many Iron Age IIa cities in the Levant invested their resources in ensuring that the municipal water sources were located within the city walls or at least well protected, making feats like that of David’s army ideal material for the heroic tradition.42 The strategic defense of waterworks stimulated the creativity of tacticians. Thessalos (fifth century b.c.e.) reports that in the “First Sacred War” (595–585 b.c.e.), the amphictyons discovered the water pipe leading into the city after it was broken by a horse hoof. An asclepiad named Nebros advised the leaders of the alliance to poison the water with hellebore roots. The advice was heeded, and the defenders of the city, who had imbibed the infected water and were seized with obstinate diarrhea, deserted their posts.43 Most armies, however, were not as lucky as the Amphictyonic League. When besieging a city, they thus concentrated their attention on other aspects of a city’s 41 This
story of a loyal insider resembles the Rahab account in Joshua 2 and 7. Ronny Reich, “The Excavations at the Gihon Spring and Warren’s Shaft System in the City of David,” in Ancient Jerusalem Revealed (2nd ed.; ed. Hillel Geva; Jerusalem: Israel Exploration Society, 2000), 327–39; Norma Franklin, “Relative and Absolute Chronology of Gallery 629 and the Megiddo Water System: A Reassessment,” in Megiddo III: The 1992–1996 Seasons (ed. Israel Finkelstein et al.; 2 vols.; Monograph Series 18; Tel Aviv: Institute of Archaeology, 2000), 2:515–23; Ronny Reich, “Notes on the Gezer Water System,” PEQ 135 (2003): 22–29; Shlomo Bunimovitz, “The Final Destruction of Beth Shemesh and the ‘pax Assyriaca’ in the Jordan Shephelah,” TA 30 (2003): 3–26; and finally Zecharia Kallai, “Note on J. A. Emerton: Lines 25–6 of the Moabite Stone and a Recently-Discovered Inscription,” VT 56 (2006): 552–53. 43 See also Pausanias (Descr. 10.37.5), Frontinus (Str. 3.2.11) and Polyaenus (Str. I), as well as the discussion in A. Mayor, Greek Fire, Poison Arrows, and Scorpion Bombs: Biological and Chemical Warfare in the Ancient World (Woodstock: Duckworth, 2003), 100–101. 42 See
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LSS, such as the fields and grain reserves. The aforementioned Rib-Adda correspondence from the Amarna archives describes repeatedly how the enemy had robbed the grain of Byblos in an attempt to force its surrender (see esp. EA 85).44 This tactic too was not always feasible: granaries could be situated within the municipal fortifications, and, because of logistical problems, sieges were difficult to conduct during the harvest season.45 One therefore turned to the most vulnerable target of a city: its fruit trees.
IV. Destruction of Fruit Trees in Siege Warfare Fruit trees represented a precious component of LSS in ancient western Asia and the Mediterranean world.46 Not only do they require many years to mature, but they also demand persistent care if they are ever to yield a profitable harvest. A female date palm, for example, does not reach maturity until fourteen to thirtyfive years of age, and it can bear its calorie-rich, easily preservable fruit for more than a century.47 Olive trees, which can live considerably longer than date palms,48 need seven years to bear edible fruit and reach maturity after fifteen to twenty years. In contrast, grapevines require only two years to reach maturity. This shorter time span and their relative lack of nutrients rendered them less valuable and thus less a target of aggression in times of a protracted siege, which may explain why they are not mentioned in our law from Deuteronomy.49 The felling of two grown olive trees meant the permanent loss of 1.5 to 2.2 kilograms of olive oil per year, and this 44 Since arable soil was also valuable, it too became a target of hostility. One could cause lasting damage to it by sowing salt or salt-cress. This punitive measure seems, however, to have been a ritual action performed primarily against inhabited municipal areas and after conquests, not during a siege. See the literature cited in n. 24 above. 45 Because soldiers had to tend their own crops, sieges during the harvest season were rare and confined by and large to professional armies. Eph‘al discusses fortuitous times for sieges; see Siege, 61–63. 46 The role of fruit trees in ancient LSS is easiest to assess by a perusal of the various Babylonian, Akkadian, Assyrian, and Hittite law collections, which treat fruit trees as the most valuable property. 47 See W. H. Barreveld, Date Palm Products (FAO Agricultural Services Bulletin 101; Food and Agriculture Organization of the United Nations Rome, 1993). Because of the time they require to reach maturity, date palms belonged to the most valuable property in southern Mesopotamia. The penalty for harming a neighbor’s date palm was one mina of silver or a male boy; see, e.g., Georges Contenau, Contrats Néo-Babyloniens I: De Téglath-phalasar III à Nabonide (Musée du Louvre, Textes Cunéiformes 12; Paris: Geuthner, 1927), 89. 48 An olive tree in Bar, Montenegro, is over two thousand years old, and one-thousandyear-old trees throughout the Mediterranean are not unusual. 49 Halakic tradition, however, requires that one allow a vine to mature for four years before harvesting its grapes. As prestige objects, vineyards were nevertheless targets of enemy aggression (see, e.g., Judg 15:4–5; Jer 12:10; Joel 1).
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oil, in contrast to wine, represents a critical component of the diet in western Asia and Mediterranean lands.50 Equally high in caloric value are figs, producing fifteen million kilocalories per hectare, as compared to 1.3 to 2 million for wheat or wheat polycropped with olives.51 Fruit orchards and gardens were also prestige objects and symbols of dominion. In Babylonia the date palm was known as “the tree of wealth.”52 Qohelet boasts of his gardens and parks (Mysdrpw twng), in which he planted all kinds of fruit trees (yrp lk C( [2:5]). Although a late text, it accurately mirrors the role of gardens in displays of power and wealth.53 Finally, gardens and orchards often belonged to temples and cultic complexes,54 or were themselves cultic places.55 For these reasons, fruit trees were prime strategic targets in siege situations. Whereas interference with the water supply and the robbing of grain guaranteed surrender through the immediate physical effect of dehydration and starvation, the practice of gradual fruit tree destruction, as described in Deut 20:19–20 and EA 91, had enduring consequences and was thus more psychological in nature. The 50 See F. R. Riley, “Olive Oil Production on Bronze Age Crete: Nutritional Properties, Processing Methods, and Storage Life of Minoan Olive Oil,” Oxford Journal of Archaeology 21 (2002): 63–75; as well as the articles in History and Technology of Olive Oil in the Holy Land (ed. Etan Ayalon; Arlington, VA: Oléarius, 1994) and Olive Oil in Antiquity: Israel and Neighboring Countries from Neolith to Early Arab Period (ed. Michael Heltzer and David Eitam; Haifa: University of Haifa, 1987). 51 Figs were also the most important wartime food in Attica; see Lin Foxhall, “Farm and Fighting in Ancient Greece,” in War and Society in the Greek World (ed. John Rich and Graham Shipley; London: Routledge, 1993), 134–45, here 141. 52 See, e.g., Wilfred G. Lambert, Babylonian Wisdom Literature (Oxford: Clarendon, 1959), 74:56. The best example in the Bible for gardens, vineyards, and orchards as prestige objects is 1 Kings 21. On the Garden of Uzza and the King’s Garden, see F. Stavrakopoulou, “Exploring the Garden of Uzza: Death, Burial and Ideologies of Kingship,” Bib 87 (2006): 1–21. 53 A discussion of the evidence cannot be provided here. See Terje Stordalen, Echoes of Eden: Genesis 2–3 and Symbolism of the Eden Garden in Biblical Hebrew Literature (CBET 25; Leuven: Peeters, 2000); Lawrence E. Stager, “Jerusalem and the Garden of Eden,” ErIsr 26 (1999): 183–94; R. Bichler and R. Röllinger, “Die Hängenden Gärten zu Ninive: Die Lösung eines Rätsels?” in Von Sumer bis Homer: Festschrift für Manfred Schretter zum 60. Geburtstag am 25. Februar 2004 (ed. Robert Röllinger; AOAT 325; Münster: Ugarit, 2005), 153–218; Stephanie Dalley, “The Hanging Gardens of Babylon at Nineveh,” in Assyrien im Wandel der Zeiten: XXXIXe Rencontre assyriologique internationale, Heidelberg, 6–10 Juli 1992 (ed. Harald Hauptmann and Hartmut Waetzoldt; Heidelberger Studien zum alten Orient 6; Heidelberg: Heidelberger Orientverlag, 1997), 19–24; Bruce Lincoln, “À la recherche du paradis perdu,” HR 43 (2003): 139–54. 54 See the literature cited in the preceding footnote. Gardens belonging to cultic centers would not have been the first targets in siege warfare insofar as they were located intramurally. In the Assyrian sources they are destroyed as a part of punitive measures against cities; see below. 55 Ingo Kottsieper “Bäume als Kultort,” in Das Kleid der Erde: Pflanzen in der Lebenswelt des Alten Testaments (ed. Ute Neumann-Gorsolke and Peter Riede; Stuttgart: Calwer; NeukirchenVluyn: Neukirchener Verlag, 2002), 169–87.
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tactic aimed to achieve two related objectives: (1) to elicit a decisive battle on open ground, and (2) to precipitate the city’s capitulation.56 Lengthy sieges were extremely costly for the beleaguerer—even more than for the beleaguered. When one was attacked by a stronger opponent, the best strategy was to withdraw to the safety of one’s city and simply wait out the impending siege. Against large professional armies with well-organized logistical operations like those of the Assyrians and Babylonians, such a plan was less effective. But against small armies employing many conscripted soldiers who neither were adept at siegecraft nor could afford to neglect their farms for any extended time period, this waiting game was usually won by the besieged.57 For a commander it was thus imperative to provoke a quick and decisive battle in the field so that his levied soldiers could return to their duties back home. Some accounts describe the means with which they seduced the besieged into battle,58 whereas most do not. The gradual destruction of fruit trees, however, would have been a superb tactic with which one could draw out the inhabitants of a city into the open where they could be trounced in battle.59 The second objective of orchard destruction in a siege situation was to bring about an early surrender. The army would hold the trees “hostage” as if they were human captives, gradually killing them off when demands were not met. In EA 91 the ransom was either a large amount of silver and gold or Byblos itself. Moreover, 56 See Jeffrey H. Tigay, Deuteronomy = Devarim: The Traditional Hebrew Text with the New JPS Translation (JPS Torah Commentary; Philadelphia: Jewish Publication Society, 1996), 190; Israel Eph‘al, “On Warfare and Military Control in the Ancient Near Eastern Empires,” in History, Historiography, and Interpretation: Studies in Biblical and Cuneiform Literatures (ed. Hayim Tadmor and Moshe Weinfeld; Jerusalem: Magnes, 1983), 97; and idem, Siege, 54–55. 57 See Sun Tzu’s Art of War (fifth century c.e.), which argues at length in ch. 3 that the worst possible strategy is to besiege walled cities. One of the reasons given is time: it would require at least six months to breach the walls (three months for logistical preparations and three months to build siege ramps); a skillful leader therefore subdues the enemy by means of a stratagem. One of the earliest Iron Age instances of a major siege is found at Tell es-Safi/Gath. See Oren Ackermann, Hendrik J. Bruins, and Aren M. Maeir, “A Unique Human-Made Trench at Tell esSafi/Gath, Israel: Anthropogenic Impact and Landscape Response,” Geoarchaeology 20 (2005): 303–28. 58 See the examples listed above in section III. 59 Such was a conventional practice of early Greek armies. Foxhall writes in regard to the Peloponnesians’ technique of crop ravaging: “[T]he aim was to crack the city’s unity. The threat perceived by individual households to their own subsistence was the enemy’s most powerful weapon” (“Farm and Fighting,” 143). See also Yvon Garlan, Recherches de poliocrétique grecque (Bibliothèque des Ecoles françaises d’Athènes et de Rome 223; Paris: de Boccard, 1974); as well as J. K. Anderson, Military Theory and Practice in the Age of Xenophon (Berkeley: University of California Press, 1970), 47–48; Josiah Ober, Fortress Attica: Defense of the Athenian Land Frontier, 404–322 B.C. (Mnemosyne 84; Leiden: Brill, 1985), 32–35; and Paul Bentley Kern, Ancient Siege Warfare (Bloomington: Indiana University Press, 1999), 90–91, 97–98, 104.
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because fruit trees were both lucrative sources of income and prestige objects, they belonged not only to the local ruler but also to other wealthy landowners.60 A characteristic feature of siege stories is the struggle between political factions within the city.61 The Rib-Adda correspondence speaks often of how the enemy pressured political actors within Byblos to depose their ruler and join forces with them.62 After describing how his orchards were ravaged, he remarks: “my own men have become hostile to me.”63 One way of coercing this power base to stage a putsch would have been to chop down fruit trees until the group cooperated. This tactic of systematically razing orchards may be compared to later evidence collected by Steven W. Cole.64 When the Muslim armies laid siege to al-Hīra in the seventh century c.e., they threatened to destroy their fruit trees before the town surrendered.65 Cole quotes the work of Fred Donner: It was normal procedure for nomads wishing to subject an oasis to resort to a process of psychological warfare; they invested the whole settlement, and then gradually cut down palm trees a few at a time until the residents, watching the destruction of the town’s livelihood from the safety of their towers, finally agreed to pay tribute before too much damage was done.66
Early-nineteenth-century accounts refer to similar threats of razing orchards. According to Alois Musil, “If the nomads want to compel the settlers to pay them regular tribute, they encamp before the kasr [stronghold], . . . light a fire under one of the large fruit trees, . . . threaten to burn and break all their trees and bushes, and in this manner force them to surrender.”67 The gradual nature of fruit tree destruction in these accounts corresponds to the situation of a protracted siege depicted in Deut 20:19–20.
60 See, e.g., the schedule of estates with orchards assigned to officials (221) and the survey of large estates sold (222) in F. M. Fales and J. N. Postgate, Imperial Administrative Records, part 2, Provincial and Imperial Administration (SAA 11; Helsinki: Helsinki University Press, 1996). 61 For biblical accounts, see Jeremiah 36–38 (and perhaps Lachish Ostracon 6); 2 Samuel 20; 2 Kings 7; and the insightful observations of Eph‘al, Siege, 55–57, 142–47. 62 See the attempted assassination in EA 81 and 138, as well as 69 and 85. On the theme in general, see Liverani, “Rib-Adda,” 108–11. 63 See Youngblood, “Rib-Haddi,” 352. Liverani translates lines 13–15: “(Abdi-Ashirta) has tried to take Byblos and to cut my gardens down, so that my men have gone away/become hostile . . .” (“Rib-Adda,” 109). 64 Steven W. Cole, “The Destruction of Orchards in Assyrian Warfare,” in Assyria 1995, ed. Parpola and Whiting, 29–40, here 34–35. 65 Alois Musil, The Middle Euphrates: A Topographical Itinerary (Oriental Explorations and Studies 3; New York: AMS, 1927), 288. 66 Fred McGraw Donner, The Early Islamic Conquests (Princeton: Princeton University Press, 1981), 30. 67 Musil, Middle Euphrates, 288.
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V. Destruction of Fruit Trees by Neo-Assyrian Armies While the comparative material cited by Cole assists us in understanding the tactic proscribed by Deuteronomic law, its explanatory value for the evidence for the Neo-Assyrian armies is questionable.68 Cole surveys the references to the cutting down of fruit trees in Neo-Assyrian royal inscriptions and notes that in many cases we can be sure that the army did not initially succeed in capturing their enemy.69 From this Cole concludes that references to orchard destruction function in the royal narratives as hyperbolic tropes that veil the use of a siege tactic with which the Assyrians forced cities to surrender. This tactic involved gradually razing fruit trees in order to achieve the city’s capitulation.70 Cole’s reading of the inscriptions raises questions, and a somewhat different interpretation seems preferable: According to a long literary tradition, the demolition of lands, fields, and water sources was the epitome of a decisive victory. By devoting more space to demolition in cases where the Assyrian army ultimately failed to capture the enemy ruler, the scribe strives to remove any doubt that the king had achieved his strategic goals. The late Hayim Tadmor isolated this phenomenon, calling it a “face-saving device.” His interpretation is supported by a subsequent study by Bustenai Oded. Both scholars contend that the apologetic royal inscriptions seek to obscure the king’s failure by reporting that he contained the enemy ruler in his city and denuded his entire land.71 Even the trees next to the city walls are uprooted, while the walls themselves serve to imprison (rather than protect) the ruler “like a pig in a sty” or “a bird in a cage.”72 Now if, as Cole main68 Hasel’s arguments against interpreting Deut 20:19–20 as a response to Neo-Assyrian military practice, while helpful, diverge from my own at critical junctures as a result of his conviction that the text polemicizes against Egyptian siege warfare. 69 Thus, Shalmaneser III reports that “Marduk-bēl-usāte [from Gannanāte], the usurper who was not aware of his own deeds, came out against me to do battle and combat. I defeated him and brought a great slaughter upon him, enclosed him in his own city. I ripped out his harvest, cut down his orchards, damned his river.” See Ernst Michel, “Die Assur-Texte Salmanassars III 858–824,” WO 4 (1967): 29–37, here 30, iv 3–5. However, Gannanāte appears not to have been conquered until a year later; if so, the narrative would describe an uncompleted siege. 70 Cole, “Destruction of Orchards,” 34–36. 71 Hayim Tadmor, The Inscriptions of Tiglath-pileser III, King of Assyria (Jerusalem: Israel Academy of Sciences and Humanities, 1994), 79; Bustenai Oded, “Cutting Down Orchards in Assyrian Royal Inscriptions: The Historiographic Aspect,” JACiv 12 (1997): 93–98. He refers to the “historiographic code” of the royal inscriptions. See also R. J. van der Spek, “The Struggle of King Sargon II of Assyria against the Chaldean Merodach-Baladan (710–707 B.C.),” JEOL 25 (1977–78): 55–66, here 62. 72 Thus, Tiglath-pileser III claims, “I enclosed Mukin-zeri of Bit-Amukkani in Sapiya, his royal city. I inflicted a heavy defeat upon him before his (city) gates. I cut down the orchards and the sissoo-trees around the city walls, and did not leave a single one. I killed the date-palms
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tains, the Assyrian armies gradually destroyed fruit trees as a coercive siegecraft tactic, and if the readers of the royal inscriptions were familiar with this tactic, then the description of orchard destruction next to city walls would have been ineffective as a face-saving device. Cole also offers a questionable reading of the iconographic evidence. He refers to a relief from Sennacherib in Nineveh portraying the siege of Dilbat (fig. 1),
Fig. 1. Destruction of Dilbat’s date palms during the despoliation of the city. Archibald Paterson, Assyrian Sculptures: Palace of Sinacherib. Plates and Ground-plan of the Palace (The Hague: M. Nijhoff, 1915), pl. 13.
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suggesting that we should read this relief as a narrative from top to bottom. Accordingly, the soldiers first cut down the date palms and then the city capitulates (the bottom register depicts despoliation). The suggestion poses several problems: Whereas early reliefs (e.g., from the time of Assurnasirpal II) represent pictorial narratives with a set direction in which they are to be read, this was not always the case in the iconography of the Sargonids. Artists attempted to produce panoramas with landscape illusion, perspective, and background. Hence, one cannot assume that a relief from the time of Sennacherib follows a fixed narrative sequence. Moreover, the top and bottom registers of the relief in question agree insofar as both depict scenes of devastation and demolition. Fighting is not portrayed anywhere, while trees are being felled in both the upper and lower registers.73 Finally, destruction of fruit trees after a siege is evidenced elsewhere in Sennacherib’s reliefs, such as one showing the defeat of a Babylonian city (fig. 2): In the background we can see the city’s inhabitants performing presumably post-conquest rituals while soldiers chop down intramural trees.74
Fig 2. Destruction of date palms during despoliation of a city in southern Mesopotamia. Austen Henry Layard, Nineveh und Babylon nebst Beschreibung seiner Reisen in Armenien, Kurdistan und der Wüste (Leipzig: Dyk, 1856), p. 449, pl. VIII:B.
throughout his land. I stripped off their fruit and filled the meadows” (Tadmor, Tiglath-pileser III, 162:23–24). Support for this understanding of orchard destruction as a face-saving device is provided by Summary Inscription I, in which the king claims to have inflicted a great defeat on Sarduri in front of the gates of Turushpa and then to have finally set up a royal image in front of the city (ibid., 125:23–24). 73 The now lost relief underwent heavy damage already in antiquity so that the portrayal of Sennacherib in the middle was missing when it was found. As in other images of Sennacherib, the damage may have been wrought in revenge (in this case by Babylonians during the conquest of Nineveh). 74 See Irene Winter, “Royal Rhetoric and the Development of Historical Narrative in NeoAssyrian Reliefs,” Studies in Visual Communication 7 (1981): 2–38.
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Surveying the Assyrian reliefs, Hasel points out that in many cases trees are still standing after the city has been captured, while there are no scenes of trees being cut down prior to a conquest. This observation provides a necessary corrective to Cole’s interpretation. Nevertheless, it fails to explain a scene from the Central Palace of Tiglath-pileser III in Nimrud (fig. 3) in which a tree has been felled and the trunk of another one can be seen to the right. Hasel claims that the first tree is
Fig. 3. Scene portraying a city being stormed and two fallen (date) palms (from the reign of Tiglathpileser III). C. J. Gadd, Stones of Assyria: The Surviving Remains of Assyrian Sculpture, Their Recovery, and Their Original Positions (London: Chatto and Windus, 1936), pl. 12.
still standing and attributes its strange angle to the artist’s attempt to portray a different perspective. His reproduction of the relief inexplicably does not include the trunk of the second tree. An alternative interpretation of the scene is thus warranted.75 At the risk of generalizing, the depictions of destruction and demolition in Assyrian writing serve to emphasize the limitless fury of the king when it comes to 75 Hasel,
Military Practice, 67–68, 89–90 n. 121. See also Richard D. Barnett and Margarete Falkner, The Sculptures of Assur-banipal II (883–859 BC) Tiglath-pileser III (745–727 BC) Esarhaddon (681–669 BC) from the Central and Southwest Palaces at Nimrud (London: British Museum, 1962), slab 14a/plate XXXI (probably belonging to the same scene as that depicted in fig. 3), which shows fallen date palms under a siege engine.
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punishing rebels. When he goes to battle against an enemy, the king displays his unfathomable glory and might by destroying everything in his path.76 A city is not just despoiled and burned; its peripheral territory is also thoroughly denuded.77 In keeping with his dual nature, the Assyrian king could “build up” and create life by establishing cities and planting lush, exotic gardens,78 and he could also “tear down” and annihilate life by flattening cities and uprooting orchards.79 In composing propagandistic texts, scribes drew on any image that could effectively communicate the ideology of the empire.80 In the reliefs, the destruction of trees goes hand in hand with other measures of terror the army employed to vanquish resistance to the empire’s expansion.81 These measures are presented as the rightful recompense for a vassal’s rebellious behavior. The ruination of LSS can begin already during an attack on a city, as in fig. 3, yet more often it is executed after the defeat. Enemy leaders are impaled and flayed; divine images and symbols of power are ceremonially deported; the temple and its gardens are desecrated; the rest of the city is sacked and
76 Thus, Sennacherib claims that “the terrifying radiance of my majesty overwhelmed” his enemy; see, e.g., D. Luckenbill, The Annals of Sennacherib (Chicago: University of Chicago Press, 1924), 29:ii 38 and passim; and the studies by A. L. Oppenheim, “Akkadian pul(u)h(t)u and melammu,” JAOS 63 (1943): 31–34; and Elena Cassin, La splendeur divine: Introduction à l’étude de la mentalité mésopotamienne (Civilisations et sociétés 8; The Hague: Mouton, 1968). 77 See, e.g., Walter Mayer, “Sargons Feldzug gegen Urartu – 714 v.Chr. Text und Übersetzung,” MDOG 115 (1983): 65–132. 78 See the literature cited above in n. 59. 79 These images, which are already heavily imbued with divine associations, are appropriated extensively by the biblical authors when describing the dual character of Israel’s God (see, e.g., the numerous passages in Jeremiah in which a form of #tn occurs). The clearest point of contact is when the Assyrian army serves as the instrument of divine wrath, as in Isa 10:5–19. In this way the power and ideology of Assyrian imperial rhetoric are subverted by one of its subjects. Moreover, the destruction of an enemy is likened, as in Assyrian texts, to the destruction of a cedar, oak, or fruit tree in, e.g., Amos 2:9 and Isa 10:33–34. On the Assyrian evidence, see C. Zaccagnini, “An Urartean Royal Inscription in the Report of Sargon’s Eighth Campaign,” in Assyrian Royal Inscriptions: New Horizons in Literary, Ideological, and Historical Analysis (ed. F. M. Fales; Orientis Antiqui Collectio XVII; Rome: Instituto per L’Oriente, 1981), 259–95, as well as the extensive comments of Wazana, “Trees of the Field.” 80 For example, the actions of Tiglath-pileser I are compared to the flood (abūbu); Literarische Keilschrifttexte aus Assur (ed. Erich Ebeling; Berlin: Akademie, 1953), 63 r. 14–18. See also Victor Horowitz and Joan G. Westenholz, “LKA 63: A Heroic Poem in Celebration of TiglathPileser I’s Musru-Qumanu Campaign,” JCS 42 (1990): 1–49, here 4 r. 14–18. The correlation between flood and orchard destruction is found also much later in an account of Sargon II recounting the punishment of Aramaens; see Andreas Fuchs, Inschriften Sargons II. aus Khorsabad (Göttingen: Cuvillier, 1994), 148–49: 288–91. For Ninurta’s most prominent weapon, abūbu, see Amar Annus, The God Ninurta in the Mythology and Royal Ideology of Ancient Mesopotamia (SAA 14; Helsinki: Neo-Assyrian Text Corpus Project, 2002), 122–33. 81 See Steven W. Holloway, Aššur Is King! Aššur Is King! Religion in the Exercise of Power in the Neo-Assyrian Empire (Culture and History of the Ancient Near East 10; Leiden: Brill, 2002).
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burned, the population exiled, and the surrounding orchards chopped down. Everyone passing by the region should shudder in horror, and news of the atrocities should spread to other lands far and wide. Such is the rationale of Assyrian psychological warfare. Ubi solitudinem faciunt, pacem appellant (“They devastate an area and call it peace”) to borrow Tacitus’s description of the Roman imperial army (Agricola 30). These depictions of “shock and awe” warfare do not correspond to the conduct forbidden in Deut 20:19–20. The biblical law, as argued above, censures a practice of cutting down fruit trees when a city has still not capitulated after an extended period, a practice representing the “the indirect approach” discussed above. In contrast, the Assyrian reliefs and inscriptions depict orchard destruction as part of a more comprehensive denudation of a land and in reprisal for previous injuries.82 This practice, in keeping with its nature as recompense levied against impervious peoples or rebellious rulers, aimed simultaneously to have a psychological effect by instilling fear in the hearts of both friend and foe. If the king failed to conquer a city, he would adopt a “scorched earth policy,” despoiling, slashing, and burning everything in sight before abandoning the region. By laying waste the LSS, he deprived his enemies of a means of survival, thus rendering them ineffective as a threat to his homeland or the balance of power in the region. It is worth noting that of the numerous depictions of orchard destruction in Assyrian inscriptions and reliefs, none relates to the southern Levant. To the contrary, the Lachish reliefs portray the conquered city surrounded by more than one hundred trees of perhaps five different species, all still standing and laden with fruit.83 Some inscriptions do refer to acts of torture before gates of besieged cities, ostensibly as a method of applying psychological pressure. From this, Israel Eph‘al suggests that the same would have been done with respect to orchards since the felling of fruit trees is explicitly mentioned in several of these contexts. Nevertheless, the evidence is not clear. For example, Ashurnasirpal claims to have impaled live soldiers on posts before the city of Amedu and then to have fought his way inside the city and cut down its orchards.84 The point of the inscription, however, seems to be that the Assyrian king demonstrated his indisputable superiority over his opponent by entering his royal city and tearing down his gardens. The unconquered city of Amedu had therefore to admit its de facto defeat. It is thus unwarranted to surmise that the desolation was gradual and meant to break the defenders’
82 See the examples cited in n. 80 above, as well as the comments of Hasel, Military Practice, 81. 83 See Christoph Uehlinger, “Clio in a World of Pictures,” in “Like a Bird in a Cage”: The Invasion of Sennacherib in 701 BCE (ed. Lester L. Grabbe; JSOTSup 363; London: Sheffield Academic Press, 2003), 221–305, esp. 242–43. 84 See Grayson, Assyrian Rulers of the Early First Millennium, 2:220, as well as the similar case of Hazael of Damascus in ibid., 3:48:14–17.
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resistance slowly.85 The depicted situation does not therefore correspond to Deuteronomy 20.86 One cannot, however, preclude the possibility that the orchard destruction also functioned as a coercive tactic of siegecraft. Although the Assyrians were second to none when it came to conventional siege techniques (sapping, ramming, tunneling, and scaling), such methods cost not only a lot of time but also exorbitant human and financial resources. Therefore Cole may be correct with respect to actual practice. In order to avoid these expenses, field commanders would have resorted to the destruction of orchards as a way of forcing a city to capitulate. However, we face a problem of evidence. Neither inscriptions nor letters, documents, or other non-propagandistic texts—the most reliable sources of information—witness to this practice. Moreover, data from “mass media” witness to a coherent ideology of the Assyrians’ supremacy.87 If the authors of the Deuteronomic law indeed had the Assyrian practice in view, we would expect them to have responded more explicitly to this ideology, rather than focusing on a method of orchard destruction that was employed as a cost-saving tactic and that was more common to smaller armies. To summarize: Although it is quite likely that the Assyrians, as masters of siegecraft, recognized the potential of orchard destruction as a coercive measure, the available evidence presents them as felling fruit trees only in order to punish rebels. One must therefore exercise caution with respect to the suggestion that the Deuteronomic law originated as a reflex of, or even polemic against, Assyrian military practices. If it were intended as protest against this particular empire, one would expect it to have been formulated in a way that corresponds more closely to the Assyrian methods. In the inscriptions and reliefs, destruction of trees is a punitive measure and, rather than being isolated, is consistently part of a larger program of destruction and despoliation. One would expect these aspects to be 85 Pace
Eph‘al, Siege, 50–55.
86 The evidence of 2 Kgs 18:31//Isa 36:16 is suggestive. The Assyrian king’s statements pos-
sibly imply that if the besieged Jerusalemites did not depose Hezekiah and open the city gates, then Assyrian soldiers would destroy their vineyards, orchards, and cisterns (see Wazana, “Are the Trees of the Field Human?” 286). Yet this is probably reading too much into the statement. More likely is that the Jerusalemites are simply being offered the alternative between eating their dung and drinking their urine in the city (v. 27), and eating from their own fruit trees and drinking from their own cisterns if they surrender. The same applies to 2 Kgs 19:29. Destruction is clearly threatened elsewhere (18:25 and 19:11), but it is not implicit in the rhetoric in this verse. Moreover, the destruction referred to elsewhere is to the land in general and is part of a larger program of denudation, in keeping with the royal inscriptions and reliefs. 87 For the use of the expression “mass media” in this context, see Ursula Seidl, “Babylonische und assyrische Kultbilder in den Massenmedien des 1. Jahrtausends v.Chr.,” in Images as Media: Sources for the Cultural History of the Near East and the Eastern Mediterranean (1st Millennium BCE) (ed. Christoph Uehlinger; OBO 175; Fribourg: University Press; Göttingen: Vandenhoeck & Ruprecht, 2000), 89–114.
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integrated into the law if it were formulated specifically against the Assyrians. As it is, the reader has no reason to think specifically of these northern aggressors. The following sections consider the two sides of this argument in more detail.
VI. Reasons for Interpreting Deuteronomy 20:19–20 as an Anti-Assyrian Polemic There are several reasons for the popularity of the view that the law responds specifically to Assyrian military conduct. The first has to do with the trajectory of Deuteronomy research since 1805, when Wilhelm M. L. de Wette submitted a dissertation proposing that the origins of Deuteronomy should be traced to the reign of Josiah.88 Although most scholars today insist that the law code contains older and later material as well, they also insist that it must be understood within a geopolitical context dominated by Assyrian expansion.89 In the second half of the twentieth century, two streams of research began to converge in Deuteronomy studies. On the one hand, works appeared arguing against the dependence of Deuteronomy on second-millennium Hittite treaties, and, on the other, these studies increasingly emphasized themes such as imperialism, ideology, and propaganda. The discovery of Esarhaddon’s vassal treaties in 1955 prompted research that endeavored to show a genetic link between this documentary form and Deuteronomy (esp. chs. 13 and 28).90 Simultaneously, it 88 Wilhelm M. L. de Wette, Dissertatio critico-exegetica qua Deuteronomium . . . (Jena: Literis Etzdorfii, 1805). The view was anticipated by Jerome; see Louis Ginzberg, The Legends of the Jews (7 vols.; Philadelphia: Jewish Publication Society, 1946), 6:377 n. 116. 89 These claims have not gone uncontested; see, e.g., Reinhard G. Kratz, Die Komposition der erzählenden Bücher des Alten Testaments (Göttingen: Vandenhoeck & Ruprecht, 2000), 137–38. 90 William L. Moran, “The Ancient Near Eastern Background of the Love of God in Deuteronomy,” CBQ 25 (1963): 77–87; Dennis J. McCarthy, Treaty and Covenant: A Study in Form in the Ancient Oriental Documents and in the Old Testament (AnBib 21; Rome: Biblical Institute, 1963); Moshe Weinfeld, “Traces of Assyrian Treaty Formulae in Deuteronomy,” Bib 46 (1965): 417–27; and R. Frankena, “The Vassal Treaties of Esarhaddon and the Dating of Deuteronomy,” OtSt 14 (1965): 123–54. For more recent works, see Paul-Eugène Dion, “Deuteronomy 13: The Suppression of Alien Religious Propaganda in Israel during the Late Monarchical Era,” in Law and Ideology in Monarchic Israel (ed. Baruch Halpern and Deborah W. Hobson; JSOTSup 124; Sheffield: Sheffield Academic Press, 1991), 147–216; Bernard M. Levinson, “‘But You Shall Surely Kill Him!’: The Text-Critical and Neo-Assyrian Evidence for MT Deut 13:10,” in Bundesdokument und Gesetz: Studien zum Deuteronomium (ed. Georg Braulik; Herders Biblische Studien 4; Freiburg: Herder, 1995), 37–63; Hans Ulrich Steymans, “Eine assyrische Vorlage für Deuteronomium 28,20–44: Bundesdokument und Gesetz,” in Studien zum Deuteronomium, ed. Braulik, 119–41; idem, Deuteronomium 28 und die adê zur Thronfolgeregelung Asarhaddons: Segen und Fluch im Alten Orient und in Israel (OBO 145; Freiburg: Universitätsverlag, 1995); Eckart Otto, “Treueid and Gesetz: Die Ursprünge des Deuteronomiums im Horizont neuassyrischen Vertragsrechts,” ZABR
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sparked renewed interest in the reigns of Manasseh and Josiah and the question of Assyria’s imposition of an imperial cult upon its vassals.91 The attention devoted to imperialism was in turn fed by social and political developments of the late 1960s and subsequent years. These changes left their mark on various disciplines in the humanities—not least on Assyriology, which has traditionally had the most direct influence on Deuteronomy research.92 Today interest in the multifaceted Judean responses to Assyria and her imperial successors has grown.93 It should not be surprising, however, that this lively interest has occasionally aroused an eagerness to discover a subversion of, and protests against, the empire in texts that are innocent of such grand political motives.94 Another reason for the popularity of the view that the law addresses Assyrian military conduct is the profusion of Assyrian witnesses to the practice of denuding lands and felling orchards. What seems to have been overlooked, however, is that
2 (1996): 1–52; idem, Das Deuteronomium: Politische Theologie und Rechtsform in Juda und Assyrien (BZAW 284; Berlin: de Gruyter, 1999), esp. 13–56. 91 See J. W. McKay, Religion in Judah under the Assyrians, 732–609 BC (SBT 2/26; London: SCM, 1973); Morton Cogan, Imperialism and Religion: Assyria, Judah and Israel in the Eighth and Seventh Centuries B.C.E. (SBLMS 19; Missoula, MT: Scholars Press, 1974); and Hermann Spieckermann, Juda unter Assur in der Sargonidenzeit (FRLANT 129; Göttingen: Vandenhoeck & Ruprecht, 1982). 92 See, e.g., the various papers in Power and Propaganda: A Symposium on Ancient Empires (ed. Mogens Trolle Larsen; Mesopotamia 7; Copenhagen: Akademisk, 1979), esp. 297–317 (Mario Liverani’s contribution, “The Ideology of the Assyrian Empire”). 93 For an example of this development in another book, such as Isaiah, see the fine articles by Peter Machinist (“Assyria and Its Image in the First Isaiah,” JAOS 103 [1983]: 719–37, and “Mesopotamian Imperialism and Israelite Religion: A Case Study from the Second Isaiah,” in Symbiosis, Symbolism, and the Power of the Past [ed. William G. Dever and Seymour Gitin; Winona Lake, IN: Eisenbrauns, 2003], 237–64) and Moshe Weinfeld (“The Protest against Imperialism in Ancient Israelite Prophecy,” in The Origins and Diversity of Axial Age Civilizations [ed. S. N. Eisenstadt; Albany: State University of New York Press, 1986], 169–82). 94 Several scholars have criticized the attempts to draw a genetic link between Esarhaddon’s treaties and Deuteronomy. See, e.g., Timo Veijola, “Wahrheit und Intoleranz nach Deuteronomium 13,” ZTK 92 (1995): 287–314; Juha Pakkala, “Der literar- und religionsgeschichtliche Ort von Deuteronomium 13” in Redaktions- und religionsgeschichtliche Perspektiven zur ‘Deuteronomismus’—Diskussion in Tora und Vorderen Propheten (ed. Jan Christian Gertz et al.; BZAW 365; Berlin: de Gruyter; 2006), 125–37; and above all Christoph Koch’s comparison of Deuteronomy, Esarhaddon’s vassal treaties and the Sefire treaties (“Vertrag, Treueid und Bund: Studien zur Rezeption des altorientalischen Vertragsrechts im Deuteronomium und zur Ausbildung der Bundestheologie im Alten Testament” [Dr. theol. diss., University of Heidelberg, 2006]), which builds on ideas of Hayim Tadmor, “Aramaization of Assyria,” in Mesopotamien und seine Nachbarn: Politische und kulturelle Wechselbeziehungen im alten Vorderasien vom 4. bis 1. Jahrtausend v. Chr.: XXV. Rencontre assyriologique internationale Berlin 3. bis 7. Juli 1978 (ed. Hans-Jörg Nissen and Johannes Renger; 2 vols.; Berliner Beiträge zum Vorderen Orient 1; Berlin: Reimer, 1982), 2:449–70.
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the destruction of LSS, and specifically trees, is just as widely witnessed for other imperial armies, such as those of the Hittites and New Kingdom Egypt.95 Sources from the Neo-Babylonian empire and Persia contain admittedly far fewer references to the destruction of orchards. The disparity is nevertheless due to the nature of the material. The Assyrian annals, structured according to military campaigns and boasting great feats in battle, can be traced to Hittite precursors. This inscriptional tradition is, however, foreign to the Babylonian sources. As David Vanderhooft suggests, the fact that the Babylonians do not adopt it, preferring instead consciously to archaize their chronicles according to earlier models, may be due to their long-standing antipathy for their northern neighbors.96 Similarly, they do not seem to have produced narrative reliefs depicting sieges and battles.97 This does not mean, as often claimed, that they were less violent or militant than the Assyrians. To the contrary, archaeological evidence from Ashkelon, for example, supports the statements of the Babylonian Chronicle, graphically illustrating the ferocity with which Babylonian armies could achieve their geopolitical aspirations.98 That also the extramural trees were often targeted for destruction is probable. If so, it would correspond to Jeremiah’s descriptions of Babylon (6:6; 7:20; 22:7; 46:22–23).99 A second point seeming to support the interpretation of Deut 20:19–20 as anti-Assyrian polemic is that a particular aspect of the reliefs appears to match the
95 For
the Hittites, see Ahmet Ünal, “Untersuchungen zur Terminologie der hethitischen Kriegsführung, Teil 1, ‘Verbrennen, in Brand stecken’ als Kriegstechnik,” Or 52 (1983): 164–80; idem, “Studien über das hethitische Kriegswesen, II, Verba Delendi harnink/harganu— ‘vernichten, zugrunde richten,’” Studi Miceni ed Egeo-Anatolica 24 (1984): 71–85; Sylvia HutterBraunsar, “Die Terminologie der Zerstörung eroberten Acker- und Siedlunglandes in hethitischen Königsinschriften,” in Der orientalische Mensch und seine Beziehungen zur Umwelt (ed. Bernhard R. Scholz; Graz Morgenländische Studien 2; Graz: RM-Druck & Verlag, 1989), 201–18. For New Kingdom Egypt, see Michael G. Hasel, Domination and Resistance: Egyptian Military Activity in the Southern Levant 1300–1185 B.C. (Probleme der Ägyptologie 11; Leiden: Brill, 1998), 75–83; idem, “A Textual and Iconographic Note on prt and mnt in Egyptian Military Accounts,” Göttinger Miszellen 168 (1998): 61–72; and idem, Military Practice, 104–13. 96 See David Vanderhooft, The Neo-Babylonian Empire and Babylon in the Latter Prophets (HSM 59; Atlanta: Scholars Press, 1999), 22–23. The Babylonian and Esarhaddon chronicles do not even report that the Assyrians destroyed orchards on their campaigns. 97 For reasons why the Assyrians preferred this medium of art, see Irene Winter, “Art as Evidence for Interaction: Relations between the Assyrian Empire and North Syria,” in Mesopotamien und Seine Nachbarn, ed. Nissen and Renger, 2:355–81. One of the very few extant Babylonian reliefs significantly shows the felling of cedar trees; see F. H. Weissbach, Die Inschriften Nebukadnezars II im Wadi Brisa und am Nahr El-Kelb (WVDOG 5; Leipzig: Biblio-Verlag, 1906). 98 Lawrence E. Stager, “Ashkelon and the Archaeology of Destruction: Kislev 604 BCE,” ErIsr 25 (1996): 61–74. 99 The sixteenth-century commentator Moshe Alshich suggests that Jeremiah alludes here to Deut 20:19–20.
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biblical text. The Assyrian soldiers are always depicted felling trees with axes, a tool to which Deut 20:19 explicitly refers (Nzrg wyl( xdnl). This correspondence, however, is less significant than it appears at first. How else could the troops expect to cut down a tree? Saws were not used for this purpose until the eighteenth century c.e. in Europe.100 Not only did burning a tree pose more problems than chopping it down, but also sources from other times and places present armies using this method against their enemies.101 Another reason is the lack of biblical evidence: Whereas the Assyrian sources present orchard destruction in a situation of siege, the biblical accounts do not. This, too, may seem to be a strong argument in favor of the anti-Assyrian interpretation, yet a closer examination reveals critical flaws. Just as in the case of axes, depictions of tree destruction in siege situations are not confined to Assyrian sources. One must also consider the functional differences between biblical war accounts and royal inscriptions. In stark contrast to the latter, biblical accounts serve a pedagogical purpose for generations long after the wars and events described. Their authors seek to find deeper meaning in this history. In recounting and interpreting the past, they shape the identity of a people, especially in a period during which Israel no longer possessed a king and army of its own. As one would expect from such literature, the most basic information regarding warfare and siegecraft, not to mention military and societal structures, is extremely meager. More often than not, its authors depict only unusual events on the battlefield, emphasizing the roles of priests and prophets in the place of tacticians and commanders. The lack of a direct correspondence to the practice forbidden in Deut 20:19–20 should therefore be no more of a surprise than the absence of accounts describing many of the most routine aspects of daily life in ancient Israel.102
VII. Deuteronomy 20:19–20 as a Product of an Intra-Societal Discourse If the Deuteronomic prohibition does not protest against Assyrian martial conduct, then which empire does it have in view? Is it the Neo-Babylonians, or per-
100 See
Herbert Killian, “Vom ‘Schinderblech’ zum Diebswerkzeug: Ein Rückblick auf die 400jährige Geschichte unserer Waldsäge,” Centralblatt für das Gesamte Forstwesen 97 (1980): 65– 101; Peter d’Alroy Jones, Story of the Saw (Manchester: Spear & Jackson, 1961); and Franz Maria Feldhaus, Die Säge: Ein Rückblick auf vier Jahrtausende (Berlin: Dominicus, 1921). 101 See, e.g., Hasel, Domination, 75–82. For use of axes by Israelite besiegers, see Judg 9:48–49. 102 This is in response to Hasel’s question, “[I]f this practice was so widely employed in Israel as to warrant a polemic response, why do we not find any mention of it in the conquest accounts of Joshua and Judges, or in the wars described in Samuel through the rest of Kings?” (Military Practice, 133). Hasel seems to read these books as if they merely recorded Israelite history.
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haps New Kingdom Egypt, as Michael Hasel argues?103 The problem posed by this question is not so much the identity of the perpetrator as the very assumption that the law must condemn the behavior of another people.104 A similar premise seems to be operative in Maimonides’ claim that seething a kid in its mother’s milk was prohibited because it was “somehow connected to idolatry, forming perhaps part of the service, or being used on some festival of the heathen.”105 That even the most mundane practices sanctioned by Deuteronomy betray a foreign cultic-religious provenance is an idea whose origins are in the book itself. Referring to its category of the “indigenous outsiders,” Louis Stulman points out how the authors of Deuteronomy create communal identity and provide Israel with a survival strategy by attributing what they proscribe to non-Israelites.106 Both Maimonides and contemporary commentators carry this project a step forward by discovering foreign origins for practices that the book does not designate as non-Israelite and that were likely common to Israel and Judah. The difference between the medieval and modern biblical scholar is that the latter, in keeping with the trend of postcolonial studies in the humanities, often identifies the target of attack not with the cult of the Canaanites but rather with the propaganda of “the empire.”107 Although there are many biblical texts that reflect the ways Israel and Judah responded to the pressure of foreign empires, Deut 20:19–20 is probably not one of them. Rather than an inter-societal polemic, this law, I propose, constitutes a reflex of an intra-societal exchange on acceptable conduct for Israelite and Judean armies.108 Evidence for this claim is found first in the foregoing laws in Deuteronomy 20. It would be difficult to imagine how the regulations concerning exemptions from 103 See
Hasel, Military Practice.
104 Thus Christopher Wright, while dating Deuteronomy earlier, nevertheless assumes that
the law “was set up in contrast with practices of Israel’s contemporaries” (Deuteronomy [NIBCOT; Peabody, MA: Hendrickson, 1996], 230). 105 See Maimonides, Guide to the Perplexed 3:48. Modern studies carrying this approach forward include Othmar Keel, Das Böcklein in der Milch seiner Mutter und Verwandtes: im Lichte eines altorientalischen Bildmotivs (OBO 333; Freiburg: Universitätsverlag, 1990); and Ernst Axel Knauf, “Zur Herkunft und Sozialgeschichte Israels: ‘Das Böcklein in der Milch seiner Mutter,’” Bib 69 (1988): 153–69. For more on the interpretation of this law, see below with n. 121. 106 Louis Stulman, “Encroachment in Deuteronomy: An Analysis of the Social World of the D Code,” JBL 109 (1990): 613–32. 107 The religious character of this propaganda nevertheless continues to be emphasized. 108 Rather than being mutually exclusive, intra-societal norm formation and inter-societal boundary drawing are projects that reinforce each other. Both relate to strategies of survival, and both build identity. But whereas the latter functions to demarcate and protect a people’s distinctiveness, the former strengthens the ethical foundation for its longevity. Thus, ethics is the objective of the former, while its formulation is presupposed by and subsumed to the task of the latter. (Contact with other peoples nevertheless necessarily influences and incites intra-societal discourses.) For a somewhat similar understanding of inter- vs. intra-societal dynamics, see Mike Featherstone, Undoing Culture: Globalization, Postmodernism and Identity (2nd ed.; London: Sage, 2000).
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military service (vv. 5–8) or directions for pre-battle negotiations and rules of engagement (vv. 9–18) also represent protests against Neo-Assyrian military practices. Why, then, should the final paragraph (vv. 19–20) be any different? Apparently recognizing this inconsistency, Eckart Otto argues that the entire chapter indeed constitutes anti-Assyrian polemics. For example, he contends that Israel is required always to offer a city conditions of surrender before assailing it (vv. 10–12), whereas the Assyrians did this only rarely.109 Otto’s approach is hardly compelling, and it illustrates the dangers of searching too zealously for anti-imperial polemics in every corner of Deuteronomy. There is no need to pit these laws against the Assyrians when practices they condemn were quite common to the ancient world, including Israel and Judah. The Bible itself witnesses to a bellic ethos that is fundamentally opposed to the principles set forth in Deuteronomy.110 For example, when fighting against Shechem, Abimelech fails to offer the city terms of peace. Not only that, he kills the inhabitants indiscriminately, razes the city, and sows it with salt (Judg 9:45). Thereafter he and his soldiers proceed to cut boughs from trees with axes (twmdrq) and set ablaze the place where survivors had taken refuge (vv. 46–49).111 Similarly, in 2 Kings 3 Elisha prophesies divine aid for the Israelite coalition in its campaign against Mesha of Moab: “[YHWH] will also hand over Moab to you. You shall conquer every fortified city and every choice city; every good tree you shall fell, all springs of water you shall stop up, and every good piece of land you shall pain with stones” (vv. 18–19).112 In telling how the coalition forces do just as Elisha prophesies, this text represents one of the clearest biblical witnesses to ecocidal and urbicidal aspects of ancient Israelite warfare. The applicability of the Deuteronomic law to the situation depicted in 2 Kings 3 has been disputed. Michael Hasel and Nili Wazana argue that the law is said to refer specifically to a situation of siege, while 2 Kings 3 describes how an entire land was laid waste.113 Yet if the law forbids the destruction of fruit trees even 109 Otto,
Krieg und Frieden, 101–3. Otto argues that the Assyrians most often first applied military pressure and then negotiated. As evidence, he refers to 2 Kings 18–19 and a relief from Sargon II that shows an Assyrian officer reading a scroll while facing the walls of a besieged city (see Yigael Yadin, The Art of Warfare in Biblical Lands [New York: McGraw-Hill, 1963], 320, 425). 110 In contrast to later books, Joshua depicts warfare in keeping with these rules. The eradication of the Canaanites follows Deut 20:15–18. Joshua 9 plays on the distinction made by these laws between distant peoples and the Seven Nations; see the comments of Michael Fishbane, Biblical Interpretation in Ancient Israel (Oxford: Clarendon, 1985), 206. 111 His actions directly violate not only vv. 19–20 but above all vv. 10–14. 112 The use of the word “pain” (by)khl) to describe the ecocidal actions against the land resembles the use of “kill” (tymhl) to describe the urbicidal actions against Abel-Beth-Maacah in 2 Sam 20:19. See also hd#h C( Md)h yk in Deut 20:19. 113 Hasel, Military Practice; and Wazana, “Are the Trees of the Field Human?” 285–86, 294. One could attempt to harmonize Elisha’s prophecy with Deuteronomy 20 by arguing that Moab lay beyond the borders of Israel and thus would not come within the purview of the law. Such an
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when a surrender was not forthcoming after “many days,” then how much more does it preclude beginning a campaign by ruining “every good tree” along with all the LSS (every choice city, fertile field, and water source)?114 The operative juridical principle here is a fortiori or rmwxw lq. That 2 Kings 3 depicts a violation of the law could not be more patent.115 Wazana contends, however, that Deut 20:19–20 is more applicable to the Assyrian sources, since both refer to situations of protracted sieges. Yet reading the story in 2 Kings 3 with its conclusion in view, we can better appreciate why the author emphasizes the demolition of the Moabite lands. After a lengthy siege, the coalition forces had failed to capture the city Kir-hareseth and above all Mesha, who had rebelled against Israelite control (see 3:5 and 1:1). One may compare the narrative to the aforementioned “face-saving device” in the Assyrian royal inscriptions employed by scribes when the king failed to capture an insurgent ruler. The demolition is highlighted in order to remove all doubt that the imperial army had vanquished and punished the king’s enemy. This device parallels a similar convention in omen texts. Thus, YOS 10 41:74–75 reads: “the city, which you are going to besiege—you will cut down its (grove of) date palm(s) (then) you will go away (from it) . . . .”116 As in the Assyrian royal inscriptions, the lack of success in taking the city is compensated by the destruction of the orchards, and in this respect
approach is taken by Hasel with regard to vv. 19–20 (“The Destruction of Trees in the Moabite Campaign of 2 Kings 3:4–27: A Study in the Laws of Warfare,” AUSS 40 [2002]: 197–206; and idem, Military Practice, 129–37). The interpretation fails, however, to appreciate the redactional character of vv. 15–18, which was cogently demonstrated by Alexander Rofé (Introduction to Deuteronomy [in Hebrew; Jerusalem: Akademon, 1982], 17–28) and has been accepted by most commentators since. Yet even after this insertion it is not at all clear that vv. 19–20 pertain only to wars against the Seven Nations. A second argument Hasel offers is that 2 Kings 3 does not refer to fruit trees. But does not “every good tree” include by definition trees that bear fruit? 114 The same point was made already by Grotius, Rights of War and Peace, 1461–63. 115 Since the texts may have originated in much different times and places, this violation emerges only with the placement of the law in its present narrative context. Most commentators, both ancient and modern, agree that the actions of the coalition are in fundamental opposition to the norms in Deuteronomy 20. To account for the contradiction, various solutions are proposed. See the individual studies of Raymond Westbrook, “Elisha’s True Prophecy in 2 Kings 3,” JBL 124 (2005): 530–32; Jesse C. Long, Jr., and Mark Sneed, “‘Yahweh Has Given These Three Kings into the Hand of Moab’: A Socio-Literary Reading of 2 Kings 3,” in Inspired Speech: Prophecy in the Ancient Near East: Essays in Honor of Herbert B. Huffmon (ed. John Kaltner and Louis Stulman; JSOTSup 378; London: T&T Clark, 2004), 253–75; Joe M. Sprinkle, “Deuteronomic ‘Just War’ (Deut 20,10-20) and 2 Kings 3,27,” ZABR 6 (2000): 285–301; Philip D. Stern, “Of Kings and Moabites: History and Theology in 2 Kings 3 and the Mesha Inscription,” HUCA 64 (1993): 1–14; and John Barclay Burns, “Why Did the Besieging Army Withdraw? (II Reg 3,27),” ZAW 102 (1990): 187–94. 116 A. Goetze, Old Babylonian Omen Texts (YOS 10; New Haven: Yale University Press, 1947). Other omina in this series relate to military failures and successes.
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it may be compared to Elisha’s prophecy. From these observations, the two aspects of the story—siege and the felling of fruit trees—belong together just as much as in the Assyrian sources.117 But another look at the structure of Deuteronomy 20 reveals that this compendium of war laws uses specific scenarios to illustrate more general points and thus should not be confined to siege warfare. Verses 2–8 treat the priest’s address to the troops before the battle. Verse 9 transitions to the appointment of commanders. The next paragraph sets forth rules of engagement, beginning with cities that surrender prior to battle (vv. 10–11) and then turning to those which do not (vv. 12– 14). This progressive unfolding of a battle scenario continues in vv. 19–20, which concerns a tactic for forcing cities to capitulate. Since siegecraft was the predominant form of warfare for all armies of ancient Western Asia and the Eastern Mediterranean, it is not surprising that the author chooses to begin with this scenario in vv. 10–11. That siege is still the focus of vv. 19–20 seems therefore to be governed by the legal logic of the chapter, not a concern to formulate a protest against Assyrian imperial ideology. Just as the rules of engagement in vv. 10–18 are not to be limited to siegecraft, even though they refer only to cities, the law forbidding fruit tree destruction should also not be unduly confined to a situation of a prolonged siege. These are merely typical cases requiring the interpreter to employ principles of casuistry and analogic reasoning to elicit the full scope of their application.118 Finally, we have observed that in both the Assyrian sources and the biblical texts, trees are consistently destroyed with other components of LSS. Why, then, does the law focus solely on fruit trees? One explanation was offered in the discussion of siege tactics in sections III–IV above. Another reason is provided by a comparison of the law to others in Deuteronomy. Calum M. Carmichael and J. G. McConville point to the correspondences between it and the prohibition regarding the bird’s nest in 22:6–7.119 According to this law, one must abstain from taking a mother bird with her eggs or fledglings “in order that you may fare well and have a long life” (see also 5:16). If everyone were to take the dam and her young together, soon the land would suffer from a severe wildlife shortage; this is the first principle of conservation ethics.120 Carmichael relates this law to the prohibition of
117 Wazana’s further claim (“Are the Trees of the Field Human?” 294) that the Assyrian texts focus solely on trees (as in Deut 20:19–20), while 2 Kings 3 mentions trees only in passing, does not agree with the evidence: trees are mentioned most often along with grain or others objects of despoliation. 118 For a brilliant treatment of these principles, see Albert R. Jonsen and Stephen Edelston Toulmin in The Abuse of Casuistry: A History of Moral Reasoning (Berkeley: University of California Press, 1988). 119 Calum M. Carmichael, The Laws of Deuteronomy (Ithaca: Cornell University Press, 1974), 151–56; and J. G. McConville, Law and Theology in Deuteronomy (JSOTSup 33; Sheffield: JSOT Press, 1984), 17–18. 120 For the development of this principle of conservation biology, see Raymond F. Dasmann,
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seething a kid in its mother’s milk in 14:21 (see also Exod 23:19 and 34:26). His comparison is all the more insightful if the word “milk” (blfx)f should be repointed to read “fat” (blE x').121 As in the case of the dam, this law may forbid destruction of the bearer of life also out of interest for the longevity of Israel’s LSS. A similar rationale underlies the tree law in 20:19–20. One may partake of the fruit but is forbidden to cut down its source.122 If an army destroys fruit trees when a city resists, then the trees will not be there when the city surrenders and its subsistence will be severely jeopardized.123 Moreover, if the tactic does not work, the trees would be of use neither to the attackers nor to the residents of the city. Either way, everyone loses.124 In all three cases, the law formulates a more abstract point by way of a practical example. This use of analogia is a typical pedagogical tool that can be found throughout wisdom literature. Rofé has drawn attention to the influence of the wisdom tradition on the entire collection of war laws, but especially Deut 20:19–20.125
“Conservation of Natural Resources,” Dictionary of the History of Ideas, vol. 1 (New York: Charles Scribner’s Sons, 1973), 470–77. 121 Raik Heckl, “Helaeb oder Hālāb? Ein möglicher Einfluss der frühjüdischen Halacha auf die Vokalisation des MT in Ex 23,19b; Ex 34,26b; Dtn 14,21b,“ ZAH 14 (2001): 144–58. The same argument is made by Jack M. Sasson, “Ritual Wisdom? On ‘Seething a Kid in its Mother’s Milk,’” in Kein Land für sich allein: Studien zum Kulturkontakt in Canaan, Israel/ Palästina und Ebirnari für Manfred Weippert zum 65. Geburtstag (ed. Ulrich Hübner and Ernst Axel Knauf; OBO 186; Freiburg: Universitätsverlag, 2002), 294–308. Alternatively, the law could represent a prohibition of butchering the calf while it is still suckling, as argued by Stefan Schorch (“ ‘A Young Goat in Its Mother’s Milk’? Understanding an Ancient Prohibition,” Paper delivered at the SBL International Meeting in Vienna, 2007). Support for this interpretation is found in On Abstinence 4.14, where Porphyry claims that “the legislator” forbade Jews to slaughter animals that were parents together with their young. 122 This ethos underlies the Torah’s first dietary ethos. Referring to Gen 1:29-30, Leon Kass writes: “Eating seeds and fruits does not harm the parent plants; eating fruit and discarding the seeds does not even interfere with the next generation” (The Hungry Soul: Eating and the Perfecting of Our Nature [Chicago: University of Chicago Press, 1999], 206). 123 Notice the emphasis on enjoyment of house, vineyard, and wife (and eating of spoils) in vv. 5–14. 124 The law’s motivation may indeed be utilitarian; yet following Alexander Rofé we should note that it is concerned for the LSS of both groups of belligerents, not just the aggressors (see Rofé, Introduction to Deuteronomy, 28–29). In one of his discussions of Deut 20:19–20, Philo quotes the maxim that one should provide in peace the things necessary for war, and in war the things desirable in peace (De humanitate 29.153). By felling trees, one gives the conquered reasons for unrelenting rancor and has destroyed the very thing for which the war was undertaken. This point is made often in Greco-Roman literature; see, e.g., Alexander’s speech in Polybius 18.3 (the same speech ends in Livy 32.33 by observing the ludicrousness of destroying the very lands for which the war was waged and thereby leaving in the end nothing but war). 125 Rofé, Introduction to Deuteronomy. Moshe Weinfeld has demonstrated the extent to which Deuter-onomy appropriates wisdom sayings within a legal framework which in turn is
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Wazana follows Rofé in this regard and even observes the similarities to the dam and kid laws. She does not, however, address the problem it poses. Although Maimonides, as noted above, interpreted the kid law as a prohibition of nonIsraelite culinary practices, one has yet to claim that it and the dam law constitute anti-Assyrian polemics. Why, then, should the closely related tree law be any different? True, a relief from Assurbanipal’s lion-hunting series portrays hunters in procession carrying two nests full of fledglings and (presumably) one of the dams (see fig. 4), yet should one postulate on the basis of this evidence that the dam law represents a protest against Assyrian hunting practice?
Fig. 4. Eunuchs carrying two nests and bird in procession after a lion hunt. Photograph of original relief in British Museum (BM 124889) taken by author.
ascribed to divine revelation; see “The Dependence of Deuteronomy upon Wisdom,” in Yehezkel Kaufmann Jubilee Volume (ed. Menahem Haran: Jerusalem: Magnes, 1960), hq–+p (Hebrew); and idem, Deuteronomy and the Deuteronomic School, 244–80. For a wisdom background to other legal corpora in the Bible, see Bernard S. Jackson, Wisdom-Laws: A Study of the Mishpatim of Exodus 21:1–22:16 (Oxford: Oxford University Press, 2006), 35–39 et passim.
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Given the multitude of problems with the anti-Assyrian approach, it seems more prudent to follow Rofé’s lead. Accordingly, the law may stem from wisdom circles whose martial ethos was fundamentally opposed to a popular bellic ideal.126 Valued in some Israelite and Judean circles, this ideal was disparaged in others. In 2 Kgs 8:11–13 the same prophet who once promoted a campaign of terror against Moab now weeps in anticipation of Hazael’s ruthless actions of slaughtering children and ripping open pregnant women in Israel.127 Hazael himself claims that only a reprobate (lit., “a dog,”) could do such a thing (2 Kgs 8:11–13). The practice, ascribed to both Israel and her neighbors (2 Kgs 15:16; Hos 14:1), is condemned elsewhere (Amos 1:13) and rendered illicit by Deut 20:13–14.128 A contiguity of such criticism to wisdom traditions is suggested by 2 Samuel 20, which treats, inter alia, the urbicide of an Israelite city. In this account, a “wise woman” declares to Joab and those destroying (Mtyx#m) the wall of Abel: “You seek to kill (tymhl) a city and mother [or: a city that is mother] in Israel. Why will you swallow up the possession of Yhwh?” (v. 19). Joab responds, “Far be it, far be it from me that I should swallow up or destroy (tyx#) [v. 20]).”129 Thanks to this woman’s “wisdom,” the city is saved from demolition at the hands of David’s soldiers (v. 22).130 One may compare this story to the account in Eccl 9:13–18 of a “poor wise man” who through “his wisdom” saved his city when it was besieged by a great king.
126 The biblical book of Proverbs also refers to siege tactics several times (see n. 36 above); see also Eccl 7:19; 9:18; and Isa 10:13. This evidence corresponds to references to military tactics throughout Egyptian and Akkadian wisdom literature, the most famous example of which is the Ahiqar traditions. It is likely that officers, both Assyrian and Israelite, would have been trained not just in clever stratagems but also in acceptable tactics. See, e.g., the critique of wanton destruction implicit in the Akkadian proverb: “You went and plundered enemy territory. The enemy came and plundered your territory” (K.4347+16161; Lambert, Babylonian Wisdom Literature, 239–50, here lines 14–17). The witness of Greco-Roman literature is suggestive. Of the innumerable protests against the practice of destroying lands, trees, crops, and houses, most are placed on the lips of respected philosophers or personalities famous for their wisdom. In addition, see the literature cited in n. 124. 127 In both chs. 3 and 8, Elisha refers, inter alia, to the destruction of “fortifications” (Myrcbm). 128 Many biblical texts (above all, the flood story and the Latter Prophets) portray a transformation in the deity: from destroying the earth or Israel’s lands (often explicitly trees) to promising never again to do so. 129 In 2 Kings 3 the felling of trees goes hand in hand with the destruction of cities. For other texts with tx#, see Josh 22:23; 1 Sam 23:10; and 2 Sam 11:1 (1 Chr 20:1). 130 Through the statements of the wise woman and Joab, the text may also intend to affirm that the border city of Abel belonged to Israel against territorial claims by Arameans (BethMaacah) and later Assyrians (after Tiglath-pileser III); see Hayim Tadmor, “The Southern Border of Aram,” IEJ 12 (1962): 114–22.
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VIII. Summary and Conclusions Our aim has been to reexamine the origins of Deut 20:19-20, a law that, thanks to Hugo Grotius, has had a lasting impact on modern military conventions. We began by distinguishing between two types of wartime destruction (unintentional and deliberate). The law, which forbids a form of the second type, was then studied in the context of ancient siegecraft. We noted that primitive warfare was largely ineffective against well-fortified cities. Many small armies, consisting of a majority of levied soldiers, therefore were often forced to adopt an “indirect approach,” which included the use of subterfuge and various ruses. One of these tactics was the gradual destruction of orchards, a practice forbidden by the Deuteronomic law. In interrogating the widely accepted premise that this law represents a protest against Neo-Assyrian imperial ideology, we observed that the text fails to provide necessary signals that would have alerted the reader to think specifically of the Assyrian practice of felling orchards. Moreover, many biblical writers depict ancient Israelite and Judean armies ravaging enemy LSS, acts categorically banned by the law. Thus, if the Assyrian method of denudation is condemned by the law, then the Israelite and Judean methods are too. In both biblical texts and Assyrian inscriptions/reliefs, fruit-tree destruction is never isolated but always part of larger programs of ecocide and urbicide. One must therefore explain why the law singles out fruit trees. We offered two reasons: (1) Fruit trees belonged to the most valuable components of LSS and thus were often felled by besiegers in order to force a city to capitulate and as an alternative to direct assault. (2) The law parallels two others in Deuteronomy that condemn the destruction of the source of life with its “fruit” (the dam and her fledglings/eggs in 22:6–7 and the mother goat with her kid in 14:21). Rather than polemics against the Assyrians or any other empire, these laws seem to have emerged from an innerbiblical or intra-societal discourse, perhaps in wisdom circles, on sustainable strategies for treating one’s LSS.131 We may conclude by taking a step back and considering the general nature of the war laws in Deuteronomy 20. Each treats the most critical points of combat: before a city is attacked, when a city surrenders, when it resists, and so on. The same applies for vv. 19-20, which treats a scenario in which the besiegers cannot expect a city’s imminent capitulation. For a field commander, this situation consistently poses the most challenging dilemma. When in want of an effective stratagem or ruse, should one wait out the siege and run the risk of soldiers deserting in order to tend to their farms? Or should one resort to a tactic that, while prom131 For the historic debate between Meyer and Wellhausen on the intra- versus inter-societal dynamics that led to the emergence of Judaism, see Reinhard G. Kratz, “Die Entstehung des Judentums: Zur Kontroverse zwischen E. Meyer und J. Wellhausen,” ZTK 95 (1998): 167–84.
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ising to deliver instant results, would have long-term detrimental effects on one’s own or the enemy’s LSS?132 In wartime these questions are even more onerous, and thus most modern armies realize the importance of manuals of military conduct.133 Similarly, the international community has codified military conventions for nations at war. One of the first steps in the direction of these written war laws and military codes of conduct was taken by Deuteronomy.134 This first step, however, may seem small. Instead of focusing on fruit trees, the law could have proscribed much more extreme cases of ecocide, not to mention practices of slaughtering children or raping women. But precisely in its seeming triviality resides its juridical potential. Rather than mentioning all the possible scenarios, the law censures the less drastic practice in order to include everything more extreme in its purview.135 Now if it is forbidden to resort to a tactic that severely jeopardizes a region’s LSS in order to precipitate an enemy’s capitulation, then it is by all means unacceptable to resort to mass destruction for the same purpose. Verses 10–14 already define when it is permissible to take human life, drawing clear lines between adult males, on the one hand, and women and children, on the other.136 Having addressed the licit use of lethal force, the chapter then continues to spell out restrictions on Israelite armies in vv. 19–20. The reason for this final prohibition seems to be that humans need these trees to survive (C( Md)h yk hd#h).137 This explains why the law allows only non-fruit trees (or trees no longer
132 It
is in this situation that armies have historically committed the most war atrocities, either against captives or against LSS. The question is still debated: Is mass killing justified if it eventually might save more lives by bringing the war to an earlier end? See most recently A. C. Grayling, Among the Dead Cities: Was the Allied Bombing of Civilians in WWII a Necessity or a Crime? (London: Bloomsbury, 2006); and Michael Walzer, Arguing about War (New Haven: Yale University Press, 2004). 133 See, e.g., “Guidelines for Military Manuals and Instructions on the Protection of the Environment in Times of Armed Conflict,” International Review of the Red Cross 311 (1996): 230–37. 134 As commonly acknowledged, written laws of war in ancient western Asia are unique to Deuteronomy. 135 As demonstrated in section III, fruit tree destruction nevertheless meant a radical impairment of LSS. Deciding what is more extreme is the task of the interpreter. In Jewish tradition, this law has, in keeping with its underlying principle, been expanded to include all forms of wanton destruction and waste. See, e.g., b. Šabb. 140b; b. Qidd. 32a; b. B. Qam. 91b; Maimonides, Shemita veYovel 5:3. 136 If Israelite armies are required to fight (and die) in order to conquer a city, then they may “put all the males to the sword.” Women, children, and animals, however, can only be taken as spoil. If the city accepts terms of surrender and opens its gates, absolutely no blood is to be shed; the inhabitants may, however, be subjected to forced labor. 137 Notice that the reason refers to “humans” (Md)h), which includes both groups of belligerents. The translation of this clause has attracted the most attention from commentators on these verses. Suffice it to quote Ibn Ezra’s interpretation: “In my opinion . . . this is the correct meaning: that from (the trees) you get food, therefore do not cut them down, ‘for man is a tree of
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bearing fruit) to be chopped down, although it places severe restrictions on even this action. In formulating these restrictions, v. 20 argues according to “necessity,” a principle central to Just War doctrine.138 The framers of these laws not only recommend restraint but also recognize the need for written rules to guide military conduct in the heat of battle. We began this paper by citing a letter from General Halleck to Sherman, a military commander who symbolizes unbridled destruction of LSS in modern warfare.139 Just two years before he sent this letter and in the same city where he wrote it, Abraham Lincoln introduced a military code that demanded the humane, ethical treatment of populations in occupied areas and specifically banned the wanton destruction of property urged by Halleck and executed by Sherman.140 Such disregard of military conventions illustrates an abiding tension between law and praxis in times of war. One is reminded of Cicero’s observation: silent enim leges inter arma (“In the face of arms laws fall silent”) (Pro T. Annio Milone 4.11). As the earliest surviving attempt to codify rules of war, and as a text that has inspired renewed attempts both to formulate and apply military conventions, Deuteronomy and its long history of interpretation witness to the struggle to break this silence.141
the field,’ that is, our lives as human beings depend on trees. [. . .] And the evidence that this interpretation is correct is that it says ‘You shall cut them down and build siegeworks’” (ad loc.). See also the rabbinic dictum quoted in Sifre 203: Nly)h Nm )l) Nny) Md) l# wyyx (“Human life is not possible without trees”). 138 Of course an intra-societal exchange on acceptable military conduct was carried on also in many other ancient societies: “Auch den Palmengärten gebührt nach gemeinsemitischem ‘Völkerrecht’ besonderer Schutz; ein Feind, der ‘die Gärten niederhaut’, übertritt dessen ungeschriebene Gesetze” (Leo Oppenheim, “Zur keilschriftlichen Omenliteratur,” Or 5 [1936]: 199–228, here 208). Diodorus (2.2) reports that it is commonly accepted among armies in India that one must not harm farmers or cut down trees in war. For ancient Greece there are innumerable witnesses, such as the fifth book of Plato’s Republic, where Socrates demonstrates the necessity of a law sanctioning Hellenic armies that lay arable land to waste. 139 For Sherman, “War is cruelty, and you cannot refine it; and those who brought war . . . deserve all the curses and maledictions a people can pour out” (Letter from Maj. Gen. William T. Sherman, USA, to the Mayor and City Council of Atlanta, Sept. 12, 1864). Precisely this way of thinking and behaving reveals the necessity of written enforceable laws like those in Deuteronomy. 140 This so-called Lieber Code is named after the jurist and political philosopher Francis Lieber. 141 Michael Walzer eloquently sums up the dilemma faced by war laws: “War is so awful that it makes us cynical about the possibility of restraint, and then it is so much worse that it makes us indignant at the absence of restraint. Our cynicism testifies to the defectiveness of the war convention, and our indignation to its reality and strength” (Just and Unjust Wars, 46).
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Reconstructing Meaning in Deuteronomy 22:5: Gender, Society, and Transvestitism in Israel and the Ancient Near East harold torger vedeler [email protected] Yale University, New Haven CT 06520 Southern Connecticut State University, New Haven, CT 06515
Deuteronomy 22:5, the Hebrew Bible’s anti-transvestitism clause, has long presented translators and scholars with difficulty.1 The verse reads as follows:
hwhy tb(wt yk h#) tlm# rbg #bly-)lw h#)-l( rbg-ylk hyhy-)l hl) h#(-lk Kyhl) Although scholars are in general agreement on the translation (if not the exact meaning) of hwhy tb(wt, the struggle to understand rbg-ylk is evident in the vagueness of our translations,2 a sampling of which follow (the renderings of rbg-ylk appear in italics): A woman must not put on man’s apparel, nor shall a man wear woman’s clothing; for whoever does these things is abhorrent to the Lord your God. (NJPS) No woman shall wear an article of man’s clothing, nor shall a man put on woman’s dress; for those who do these things are abominable to the Lord your God. (NEB) The woman shall not wear that which pertaineth unto a man, neither shall a man put on a woman’s garment: for all that do so are abomination to the Lord thy God. (KJV) A woman shall not wear anything that pertains to a man, nor shall a man put on a woman’s garment; for whoever does these things is an abomination to the Lord your God. (RSV) 1 Samuel R. Driver, A Critical and Exegetical Commentary on Deuteronomy (ICC; New York: Charles Scribner’s Sons, 1895), 250–51. 2 Ibid., 251.
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Journal of Biblical Literature 127, no. 3 (2008) A woman must not wear a man’s apparel, nor may a man put on a woman’s garment; for whoever does these things is repugnant to Yahweh your God.3
The broader context of the verse is of little help. While it is common in ancient Near Eastern law codes for the laws to be arranged topically, sometimes providing insight into the meaning of a particular provision, Deut 22:5 lacks such a clear context.4 It occurs between a set of commands to assist one’s neighbor in matters of animal husbandry and other property (22:1–4) and rules governing the treatment of birds and the use of their eggs for food (22:6–7), followed by a law requiring the construction of a parapet on a house to prevent an accidental fall and the bloodguilt that this might bring (22:8). Only in Deut 22:9–10 are there prohibitions against mixing (of agricultural seed, the types of animals used in plowing, and mixed-fiber garments) that might be considered similar to 22:5. Another approach is clearly required. In this study I argue that the meaning of Deut 22:5 can be better determined by first understanding the social nature of transvestitism itself (both in the ancient Near East and in other areas and periods), and then by examining the specific meanings of the words chosen by the biblical author for this verse, particularly the terms hwhy tb(wt and rbg-ylk. The evidence indicates that Deut 22:5 prohibits a particular type of cultic activity found in other cultures of the ancient Near East, and that the use of rbg rather than #y) for “man” illustrates an important nuance in the Israelite conception of masculinity.5 A reading of the verse in relation to transvestitism in cultures outside of ancient Israel or the ancient Near East is not supported.
I. The Structure of Deuteronomy 22:5 Deuteronomy 22:5 can be broken down into three parts. Two of these are primary, divided by the Masoretes with an atnakh, which are designated in the following table with the numbers 1 and 2. The first section can then be further divided into two parallel sections, divided by a conjunctive w, designated 1a and 1b:
3 Richard
D. Nelson, Deuteronomy: A Commentary (OTL; Louisville: Westminster John Knox, 2002), 262. 4 For a discussion of the organizing principles of biblical and Mesopotamian law codes, see Raymond Westbrook, Studies in Biblical and Cuneiform Law (CahRB 26; Paris: Gabalda, 1988), 1–8. 5 The cultic comparison has been made by several scholars; see the discussions in Harry A. Hoffner, “Symbols for Masculinity and Femininity: Their Use in Ancient Near Eastern Sympathetic Magic Rituals,” JBL 85 (1966): 326–34; W. H. P. Römer, “Randbemerkungen zur Travestie von Deut. 22, 5,” in Travels in the World of the Old Testament: Studies Presented to Professor M. A. Beek (ed. M. S. H. G. Heerma van Voss et al.; SSN 16; Assen: Van Gorcum, 1974), 217–22; William W. Hallo, “Biblical Abominations and Sumerian Taboos,” JQR n.s. 76 (1985): 21–40; and idem, The Book of the People (BJS 225; Atlanta: Scholars Press, 1991), 98.
Vedeler: Deuteronomy 22:5
1a
h#)-l( rbg-ylk hyhy-)l
1b
h#) tlm# rbg #bly-)lw hl) h#(-lk Kyhl) hwhy tb(wt yk
2
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There shall not be a kĕlî-geber upon an 'iššâ and a geber shall not wear a garment for an 'iššâ for whoever does this is an abomination to Yahweh your God.
The basic meaning of the text is as follows: two categories of person are given, each prohibited from contact with an item associated with the other (part 1). Violating this separation is regarded as offensive in some way to Yahweh (part 2). The text of section 1b is anchored by two well-understood words: the verb #bly (“he will wear”) and the noun hlm# (“cloak, wrapper, mantle, garment”). A hlm# is literally a “cover,” and it is noteworthy that the word can refer not just to clothing but also a cloth that covers a sleeping person (Gen 9:23) or an inanimate object (Exod 12:34).6 A translation of “garment” in Deut 22:5 is justified, however, because of the verb; the root /LBŠ/ is common in Semitic languages, with the meaning “to put on, wear, be clothed.”7 The fact that the words h#) and rbg unquestionably refer to some type of person of each gender (which I will consider in more detail below) further supports a conclusion that section 1b prohibits some form of transvestitism. Section 1a clearly parallels section 1b, but can we conclude that, like 1b, it bans the wearing of clothing of the opposite gender, as has generally been supposed? Traditionally, the two categories described in 1a and 1b have been defined simply as “man” (rbg) and “woman” (h#)), but if simple garment-related cross-dressing was all that the text intended to address, why use the word ylk instead of hlm# in association with rbg? Why use two different verbs to describe what is not to be done (1a: hyhy-)l; 1b: #bly-)l) if the actions being banned are identical for both the rbg and the h#)? Obviously something more is going on. Section 2 explains why the activities in sections 1a and 1b are prohibited. This part of the text presents no real difficulties in basic word meanings but rather problems of interpretation, notably the term hwhy tb(wt.
II. Transvestitism as a Social Phenomenon Transvestitism is often simply defined as the practice of one gender wearing clothing specifically designated as exclusive to the other. Gender-specific objects or 6 HALOT,
1337–38; BDB, 971. HALOT, 519–20; BDB, 527. Cognates for the root /LBŠ/ appear in Akkadian, Arabic, Aramaic, Ethiopic and Ugaritic. 7
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garments are part of the larger concept of gender roles, which form a basic feature of one’s place in society. While it is not difficult to imagine someone wearing the garments of a different gender for purely practical reasons (a man wearing a woman’s coat to survive in a blizzard, for example), such circumstances are not likely to be viewed as transvestitism. The etymology of the term “transvestite” itself implies some sort of crossing between categories, and, in most cases, the decision to wear an article of clothing or use an object specific to another gender is done with the intention of mimicking that gender in some way.8 In his study of the sociology of transvestites and transsexuals, Dave King remarks that many scholars and physicians view transgender behaviors as psychological conditions existing apart from cultural and historical contexts, and that in their view “science has simply discovered what is given in nature.” He adds, however, that this approach is problematic: But it is also possible to view the categories of transvestite and transsexual and their respective “isms” as historically and culturally specific constructions. Thus the meanings which cross-dressing and sex-changing have in our culture are rendered problematic and contingent rather than being taken for granted as representing “reality.” Apparently similar phenomena in other cultures and at other times cannot simply be subsumed under our own categories but must be viewed within their own cultural contexts; contexts which do not simply provide different settings for the same phenomenon but which actually form part of the phenomenon itself. In this view science is not simply discovering the phenomenon but is involved in its creation.9
In other words, like gender roles in general, transvestitism is a cultural construct built atop a biological reality. The physical existence of male and female is assigned meaning by society, and this meaning will manifest itself in both objects and activities. These can vary widely and have a direct and important impact on both the decision to cross-dress and how it is done. King provides three examples of transvestite behavior from three different cultures to illustrate his point: the homosexual “Mollies Clubs” from London in the seventeenth century, the “Nadle” of the Native American Navajo of New Mexico, and the modern Western transvestite.10 In each case the transvestites act according to a social script that varies widely between examples. The cross-dressers 8 The origin of the related word “travesty” also lies in cross-dressing. See the discussion in Römer, “Randbemerkungen zur Travestie,” 219–22; and Hallo, Book of the People, 98. 9 Dave King, The Transvestite and the Transsexual: Public Categories and Private Identities (Aldershot: Avebury, 1993), 3 (emphasis in original). 10 Ibid., 7–9. For the “Mollies Clubs,” see E. Ward, The Secret History of the London Clubs (London: J. Dutton, 1709; repr., 1896), 5; and Alan Bray, Homosexuality in Renaissance England (2nd ed.; London: Gay Men’s Press, 1995), 86–88. For the Nadle, see W. W. Hill, “The Status of the Hermaphrodite and Transvestite in Navaho Culture,” American Anthropologist n.s. 37 (1935): 273– 79. For the modern Western transvestite, see Richard F. Docter, Transvestites and Transsexuals: Toward a Theory of Cross-Gender Behavior (New York: Plenum, 1988).
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of the Mollies Clubs mimicked what they believed to be typical female behavior, with a focus on such things as gossip about (in this case imaginary) husbands and children, trying to bring English customs of the day into their subculture.11 The Navajo Nadle actually refers to two types of people: hermaphrodites (which probably refers to people born with ambiguous genitalia), who are regarded as the “true” Nadle, and transvestites of both genders, who are said to be pretending to be a Nadle. Indeterminate gender is respected in Navajo culture, and the Nadle are regarded as bringers of good fortune who in the mythic past supported the supremacy of men. This high status is sought by the transvestite Nadle.12 The modern Western transvestite presents an interesting distribution of data. Males dressing as females have been widely studied in psychological literature, but females dressing as males much less so.13 Western men who cross-dress include homosexual drag queens and female impersonators, both primary and secondary transsexuals, and fetishistic heterosexual transvestites.14 Except for primary transsexuals (whose interest is not in dressing as the opposite sex but in physically being the opposite sex), a strong cultural element is central to the behavior. Richard F. Docter traces the development of male heterosexual transvestitism from an early childhood fetish to partial cross-dressing reinforced by sexual pleasure in adolescence, which then, in adulthood, often moves into complete cross-dressing and the assumption of a female “cross-gender identity” that either stabilizes as subordinate to the transvestite’s male identity or in rare cases progresses to secondary transsexualism.15 Docter hypothesizes the causes of this behavior as follows: First, is learning about one’s gender, including the rules and behaviors demanded within a given society and social group. Second, is learning to be envious of the opposite gender. This is the view that women have a life easier and better than men. While gender envy cannot explain all cross dressing behavior, it has been extensively cited as a factor in the development of cross-gender behavior. Third, is learning that women’s clothing, especially intimate apparel, is “forbidden fruit” for males in our culture. Our socialization may somehow contribute to making such clothing especially erotic in the eyes of young boys.16
Culture, in other words, is a primary factor in the psychological development of the fetishistic male transvestite, but what is equally important for our purposes is that the “cross-gender identity” that emerges with this phenomenon is manifested through Western cultural ideas about gender roles. Social factors also explain why women cross-dress as men. Female transvestitism is usually focused on the desire to gain male opportunity and status in 11
Bray, Renaissance England, 88. Hill, “Navaho Culture,” 273–76. 13 Docter, Transvestites and Transsexuals, 12–13. 14 See ibid., 9–38, for a more detailed discussion of these categories. 15 Ibid., 201–15. 16 Ibid., 222–23. 12
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cultures where roles for women are restricted (I term this phenomenon “opportunistic female transvestitism”). For this reason female transvestitism is often seen as an effort by women to “improve” themselves by becoming more like men, and it lacks the social stigma attached to male cross-dressing, which is considered a deliberate and irrational willingness to reduce one’s social status.17 During the Middle Ages women who disguised themselves as men were generally tolerated and even encouraged, particularly when they sought to cross-dress for religious reasons and provided they did not impose themselves too much on male roles (as Joan of Arc did, which resulted in her execution).18 In other periods the same pattern remains, with examples of women passing as men in such traditionally masculine roles as soldier and sailor.19 As modern women are more and more able to assume these roles without having to disguise their female gender, along with an increased tolerance of women wearing types of clothing previously reserved for men, the prevalence of female transvestitism in the West has declined, leaving primary transsexuals and certain homosexuals as the most common groups of female crossdressers. Indeed, in modern Western culture it is only with effort that a woman can be viewed as a cross-dresser at all. Like opportunistic female transvestites, neither transsexual women nor homosexual women generally find male clothing particularly erotic, and this lack of a sexual motive for female transvestitism is an added reason for the greater tolerance of it in Western society, which has a difficult and often hostile attitude toward sexual matters in general.20
III. Transvestitism in the Ancient Near East To understand Deut 22:5, we must therefore understand the social meanings of transvestitism and gender roles in ancient Israel and the ancient Near East. Since our section 1b does prohibit cross-dressing of some kind, and since our section 2 describes it as a hwhy tb(wt, establishing the precise meaning of this latter term provides a good starting point for such an understanding. In general, both the word hb(wt and the term hwhy tb(wt can refer to either an ethical offense or a cultic offense, so it is important to determine which sort is 17 Vern L. Bullough, “Transvestites in the Middle Ages,” American Journal of Sociology 79 (1974): 1381–94; Charlotte Suthrell, Unzipping Gender: Sex, Cross-dressing and Culture (Oxford: Berg, 2004), 26. 18 Bullough, “Middle Ages,” 1390. 19 See the cases in C. J. S. Thompson, The Mysteries of Sex: Women Who Posed as Men and Men Who Impersonated Women (New York: Causeway Books, 1974). 20 For the rare examples of fetishistic cross-dressing in women, see Robert J. Stoller, “Transvestism in Women,” Archives of Sexual Behavior 11 (1982): 99–115, esp. 111–12, on the question of the erotic value of male clothing among female homosexuals. On the hostility of Western society toward sexuality, see Suthrell, Unzipping Gender, 124.
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being described here.21 As a rule we may describe an ethical violation as one in which the action of the perpetrator harms another person, while a cultic violation breaks a rule of purity or ritual specific to the practice of the cult. In the ancient Near East both were considered offensive to the gods.22 There is little evidence of transvestitism elsewhere in the Hebrew Bible or in other material from ancient Israel,23 but evidence of both transgender behavior and/or mythology does exist in the neighboring cultures of Canaan, Mesopotamia, and Egypt. From Egypt the most famous example is the Pharaoh Hatshepsut (ca. 1478/72–1458 b.c.e.), who, after seizing power, had herself depicted with such male (and pharaonic) features as a beard, male kilt, and crown. Representations of her body show that of a man, lacking female breasts.24 Although there was no specific reason why a woman could not be pharaoh—and Hatshepsut was not the first woman to take the throne (the last ruler of the Twelfth Dynasty, Sobeknofru, was a woman), Hatshepsut’s assumption of masculine traits and iconography was exceptional.25 In addition to Hatshepsut, there is evidence that transgender behavior occurred at the court of Akhenaten (1353–1336 b.c.e.), where the king is often depicted with feminine hips and his wife Nefertiti with the crown normally reserved for the pharaoh; the meaning of this iconography is still unclear.26 We have more references to the actual practice of cross-dressing from Canaan and Mesopotamia, virtually all of it in cultic settings, and there are numerous terms for individuals whose gender does not appear to have been specifically male or female, including assinnu, kulu 'u, and kurgarrû in Akkadian and sag-ur-sag, gala, and pi-li-pi-li in Sumerian.27 Much of the activity of these individuals revolved around the worship of Ashtarte and Inanna/Ištar, and one of the better-known epithets for Ištar was “the one who can change woman into man and man into 21 HALOT, 1702–4; BDB, 1072–73. The term hwhy tb(wt first appears in Deuteronomy (HALOT, 1703), and most of the references to this expression are clearly cultic, e.g., Deut 12:31; 17:1; 23:19; 27:25. A few are ethical, however, e.g., 25:15–16. Further appearances of this term are discussed in Otto Bächli, Israel und die Völker: Eine Studie zum Deuteronomium (ATANT 41; Zurich: Zwingli, 1962), 53–55. 22 See the discussion of this distinction in Hallo, “Biblical Abominations,” 21–40; and idem, Book of the People, 97–99. 23 Suthrell, Unzipping Gender, 126. 24 Joyce Tyldesley, Egypt’s Golden Empire: The Age of the New Kingdom (London: Headline, 2001), 59. 25 Ibid., 63. 26 Lise Manniche, Sexual Life in Ancient Egypt (London: Kegan Paul, 2002), 25–27. 27 Transgender behavior often appears in ritual contexts in the ancient world; see Will Roscoe, “Priests of the Goddess: Gender Transgression in Ancient Religion,” HR 35 (1996): 195– 230. For a discussion of the numerous titles for individuals with unusual sexual roles in the Mesopotamian cult, see Richard A. Henshaw, Female and Male: The Cultic Personnel: The Bible and the Rest of the Ancient Near East (Princeton Theological Monograph Series 31; Allison Park, PA: Pickwick, 1994), 284–311.
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woman.”28 This gender ambiguity appears in numerous ritual texts of Inanna/Ištar: a hymn to Inanna from the reign of Iddin-Dagan of Isin (1974–1954 b.c.e.), for example, describes a procession that includes the sag-ur-sag, whom Daniel Reisman describes as male prostitutes.29 Gwendolyn Leick, however, contends that these are individuals with ambiguous genitalia who were accepted into Mesopotamian society by assigning them an unusual gender role.30 The sag-ur-sag carry symbols of both genders and dress as both as well (lines 60–63a): a2-zi-da-bi-a tug2-nita2 bi2-in-mu4 ku3-dInanna-ra igi-ni-še3 i3-dib-be2 nin-gal-an-na dInanna-ra silim-ma ga-na-ab-be2-en a2-gub3-bu-bi-a tug2-nam-mi2 mu-ni-si-ig ku3-dInanna-ra igi-ni-še3 i3-dib-be2 They adorn their right side with the clothing of women. They walk before pure Inanna. I would cry “Hail!” to Inanna, the great lady. They place the clothing of men on their left side. They walk before pure Inanna.31
It is difficult to call the sag-ur-sag transvestites, since their original sex is nowhere clearly stated in this text. Rather than the transition from one gender to the other, perhaps they embody the duality of gender that Inanna/Ištar represents. However, the sag-ur-sag are followed by what to the Mesopotamians would probably have been true transvestites: young men carrying hoops (a female symbol), and young women who seem to be carrying weapons (a male symbol).32 Apart from their challenge to traditional Mesopotamian gender roles, the precise meaning of this and similar activities remains unclear. Richard A. Henshaw concludes that these rituals are acting out in dramatic form the power of Inanna to change a 28 For the activities of transgendered individuals, see Römer, “Randbemerkungen zur Travestie,” 217–22. Ištar’s power to change a person’s gender is discussed in Gwendolyn Leick, Sex and Eroticism in Mesopotamian Literature (London: Routledge, 1994), 159. 29 For a detailed discussion of ritual texts relating to Ištar, see Brigitte R. M. Groneberg, Lob der Ištar: Gebet und Ritual an die altbabylonische Venusgöttin: Tanatti Ištar (Cuneiform Monographs 8; Groningen: Styx, 1997). The ritual that includes the sag-ur-sag is discussed in Daniel Reisman, “Iddin-Dagan’s Sacred Marriage Hymn,” JCS 25 (1973): 185–202; the full text was published by W. H. P. Römer, Sumerische ‘Königshymnen’ der Isin-Zeit (Documenta et monumenta Orientis antiqui 13; Leiden: Brill, 1965). 30 Leick, Sex and Eroticism, 158–59. 31 Text from Römer, Sumerische ‘Königshymnen,’ 130; and Daniel Reisman, “Two NeoSumerian Royal Hymns” (Ph.D. diss., University of Pennsylvania, 1969), 151–52. 32 Lines 68–73 (Leick, Sex and Eroticism, 159). The significance of symbols in relation to gender in the ancient Near East has been described by Hoffner (“Symbols,” 326–34). I will consider his conclusions below.
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person’s gender, while S. M. Maul has argued that those with uncertain gender were thought to be able to enter trancelike states and serve as a conduit between the living and the dead; he pays particular attention to this role in the composition The Descent of Ištar.33 For our purposes, what is most noteworthy is the fact that the cross-dressing described in these texts occurs specifically in the context of the cult, although the titles of these individuals also appear in economic texts in association with names, which means that they must have also had a noncultic social meaning much like any profession.34 We have no evidence, however, that any of these individuals crossdressed or otherwise exhibited transgender behavior in noncultic contexts. It is clear that in the normal gender ideology of ancient Near Eastern cultures, male and female roles were sharply defined and fixed.35 The idea that Mesopotamian transvestitism was institutionalized for only a limited number of cultic functionaries and contexts, and not in the broader society, is supported by the anthropology of transvestitism itself. Anthropologists originally hypothesized that societies with rigid gender distinctions would be more likely to create transvestite gender roles as a way for males in particular to escape the sometimes difficult and demanding criteria of their gender role (as seems to have been the case with the Berdache of the highly militarized Native American tribes of North America), but Robert L. Munroe et al. have shown that more often the opposite is true, that societies with rigid gender roles are less likely to have institutionalized transvestitism than those where the cultural difference between male and female is less distinct.36 So while transvestites exist in societies with a strict division of gender, their behavior is generally taboo. We must therefore consider the question of whether transvestitism in the ancient Near East was acceptable in some circumstances but not in others, just as male transvestitism is tolerated at Halloween but not at other times in our own culture. The small amount of evidence that does exist for nonritual types of crossdressing in Mesopotamia may bear this out: the Babylonian adage about the man and his wife switching roles, for example, seems to have no cultic meaning and may
33 Henshaw, Female and Male, 294. S. M. Maul, “kurgarrû und assinnu und ihr Stand in der babylonischen Gesellschaft,” in Außenseiter und Randgruppen (ed. V. Haas; Konstanzer Althistorische Vorträge und Forschungen 32; Konstanz: Universitätsverlag, 1992), 159–71. 34 Henshaw, Female and Male, 306. 35 See Marten Stol, “Private Life in Mesopotamia,” in CANE 1: 485–501, esp. 490–91. 36 For the Berdache, see E. A. Hoebel, Man in the Primitive World (New York: McGraw-Hill, 1949), 459; and Donald G. Forgey, “The Institution of Berdache Among the North American Plains Indians,” Journal of Sex Research 11 (1975): 1–15, esp. 9–14. The appearance of transvestitism relative to the rigidity of gender roles has been studied by Robert L. Munroe, John W. M. Whiting, and David J. Hally, “Institutionalized Male Transvestism and Sex Distinctions,” American Anthropologist n.s. 71 (1969): 87–91.
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instead be presenting marital sex play.37 The first four lines have been restored as follows: [a]-h~ ur-ru-u2 [a-n]a DAM-šu i-qab-bi [at]-ti lu et-lu i [a-na-k]u lu ar-da-tu The [coarse] man said to his wife: “May [you] be the young man! May [I] be the young woman!”38
The first line of the text has been treated as either [a]-h~ ur-ru-u2 (“a coarse, boorish man”) or [a]-mur-ru-u2 (“Amorite”).39 Given that the text has a Middle Assyrian date, a reference to an Amorite seems less likely, since that ethnic group appears mostly in texts from the Ur III and Old Babylonian periods.40 If, on the other hand, the text is describing a coarse person, this may indicate that purely sexual transvestitism was regarded as unsavory in Mesopotamia. This is crucial: if only cultic transvestitism was socially acceptable in the broader culture of the ancient Near East, it would indicate that the hwhy tb(wt from Deut 22:5 describes a cultic abomination rather than an ethical one. William W. Hallo has noted that Deuteronomy condemns more practices as abhorrent to Yahweh than any other book in the Hebrew Bible, and that many of the abominations listed in Deuteronomy are “precisely those cultic practices most sacred to foreign deities.”41 Deuteronomy is consciously trying, in other words, to make Israel different from its neighbors, particularly in regard to the official religion, which was a central feature of national culture throughout the Near East during the first millennium b.c.e. In the seventh century b.c.e., when Deuteronomy was written, political and cultural pressure on Israel from Mesopotamia was intense, and many of the laws found in Deuteronomy reflect resistance to this pressure.42 In the ideology of the authors of Deuteronomy, if transvestitism was a part of the religion of Israel’s neighbors, it had to be excluded from the cult of Yahweh. Noncultic transvestitism would probably not have been of interest to the Deuteronomic authors, since in all 37
Benno Landsberger, cited in Wilfred G. Lambert, Babylonian Wisdom Literature (Oxford: Clarendon, 1960), 225. 38 Text from Lambert, Babylonian Wisdom Literature, 226. 39 Ibid., 226; Römer prefers “Amorite” (“Randbemerkungen zur Travestie,” 222). 40 For the dating of this text, see Lambert, Babylonian Wisdom Literature, 225. The situation of the Amorites has been discussed by Paul-Alain Beaulieu, “The God Amurru as Emblem of Ethnic and Cultural Identity,” in Ethnicity in Ancient Mesopotamia: Papers Read at the 48th Rencontre Assyriologique Internationale, Leiden, 1–4 July 2002 (ed. W. H. van Soldt; Leiden: Nederlands Instituut Voor Het Nabije Oosten, 2005), 31–46, esp. 41–42. 41 Hallo, Book of the People, 98; idem, “Biblical Abominations,” 37. 42 Ronald E. Clements, “Deuteronomy, The Book of,” in The Oxford Companion to the Bible (ed. Bruce M. Metzger and Michael D. Coogan; Oxford: Oxford University Press, 1993), 164–68.
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likelihood they already shared a negative opinion of it with their non-Israelite neighbors and so could not use it as a basis for contrasting their beliefs.
IV. The Meanings of ylk and rbg Looking at our translations again, we see that each attempts to distinguish between the two nouns for the prohibited items in sections 1a and 1b, as well as the two verbs, even though the verbs are translated in much the same way, if we regard “to wear” and “to put on” as being effectively synonymous. Note how the NJPS translation uses “to put on” for the first verb and “to wear” for the second, while the other examples use these same English verbs in the opposite order. This presents a problem in that translating these two different verbs with the same English meaning masks what might be an important distinction between the difficult ylk of section 1a and the unambiguous hlm# of section 1b. The use of the verb hyh in section 1a is interesting; perhaps one cannot “put on” or “wear” a ylk. The general meaning of ylk is “article, utensil, vessel,” based on the root /KLH/, meaning “to stop, come to an end, be complete.”43 A related root, /KL'/, has the meaning “to shut up, restrain, withhold,” and the root /KLL/ has the meaning “to complete, perfect.” The sense of most other Hebrew words assigned to the biconsonantal root /KL-/ is generally one of completion and enclosure: )lk, “confinement, enclosure”; hlkm, “enclosure, fold”; hlk, “completion”; hlkm and hlkt, “completeness, perfection”; hylkt, “end, completeness”; lk, “all”; lylk, “entire, whole.”44 In other Semitic languages, we find kl' listed as a personal name in Ugaritic, along with klat, “both” (note klat ydh, “both his hands,” in vnt:I:11), which is cognate to the Hebrew My)lk, “twofold.”45 In Akkadian, we have the common verb kalû, meaning “to withhold, retain, hold back,” with a number of words based on the same root: kallu, “bowl”; kālû, “dam”; kīlâtu, “barrage”; kīlu, “enclosure”; maklûtu, “anchorage, berth.” The additional Akkadian meaning of “completeness” can be found in the words kališ, “everywhere, anywhere,” and kalu, “whole, entirety, all.”46
43
HALOT, 478–79; BDB, 479. See the entries in HALOT, 476–80, and BDB, 476–83. Gesenius noted these three roots in relation to ylk (Wilhelm Gesenius, Thesaurus philologicus criticus linguae hebraeae et chaldaeae, Veteris Testamenti [3 vols.; Leipzig: F. C. G. Vogelii, 1829–42], 685), and the initial /KL-/ common to them demonstrates a well-established phenomenon in the Semitic root system: a basic meaning found in a biconsonantal base which is then modified by a third consonant (Sabatino Moscati, et al., An Introduction to the Comparative Grammar of the Semitic Languages: Phonology and Morphology [Wiesbaden: Harrassowitz, 1969], 72–75). 45 UT, 419. 46 See the entries in CAD: vol. 8, K, 73–74, 83, 87–91, 95–105, 359–61; vol. 10, M/1, 137. 44
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On this basis, a translation of ylk as “container” makes sense based on the roots /KLH/, /KL'/, and /KLL/, and we find this meaning in texts such as 1 Sam 17:40. We could extrapolate a meaning of “garment” based on the idea that clothes go over and around the body (much as we did with hlm#), but as noted above, the use of the verb hyh instead of #bl in Deut 22:5 would seem to discount this reading, and there is no unambiguous reading of ylk for “garment” elsewhere in the Hebrew Bible. Further, there are no cognates with this meaning attested in other Semitic languages. The translation of “apparel” or “garment” for ylk is usually based on its appearance in the plural as “garment” in Rabbinic Hebrew.47 This raises the question, however: Was the rabbinic translation actually based on an accurate understanding of the word, or was it based only on the context of the word in Deut 22:5, in which case we have a problem of circular reasoning? A second approach to understanding rbg-ylk appears in Harry A. Hoffner’s study of the symbols of gender in the ancient Near East. Hoffner argues that the idea of masculinity in ancient Near Eastern culture was based ultimately on a man’s strength in battle and his success in fathering children. This was reflected in a variety of symbols, as was the corresponding female ideal, which was based on sexual allure and motherhood. Just as the roles of male and female were distinct and complementary, so too were their symbols, which in ancient Israel included the bow and arrow for masculinity (2 Sam 1:22; 22:35; 2 Kgs 13:15–19; Hos 1:5; and Ps 127:4– 5). For femininity, the symbols included the spindle (Prov 31:19; 2 Sam 3:29) and, based on Deut 22:5, female garments.48 Hoffner’s comparative evidence for these symbols includes the Ugaritic stories of the hero Aqhat, who reproaches the goddess Anat for wanting to use a bow (2 Aqhat VI 39–40); the appearance of the bow as a precursor to sex in the Baal and Anat cycle (UT, 76:II and 132), and the West Semitic story of Asherah and Elkunirša, in which the power of the feminine symbol of the spindle is used as a threat. Hoffner also provides several Hittite texts to demonstrate that the same symbols operated in that culture, often in the context of magic, and he even finds these symbols in Homer’s Odyssey, where Odysseus alone is able to string his bow and Penelope works her loom while she waits for her husband’s return.49 In addition to Hoffner’s examples, there is a story from Egypt in which the goddess Anat is chastised for dressing as a man and acting as a warrior when she is attacked by the god Seth.50 The equating of the penis with a weapon (a mašgašu, or battle mace) also appears in the ŠA3.ZI.GA potency ritual KAR 236, lines 10–12:51 47
Jeffrey H. Tigay, Deuteronomy = [Devarim]: The Traditional Hebrew Text with the New JPS Translation (JPS Torah Commentary; Philadelphia: Jewish Publication Society, 1996), 200. 48 Hoffner, “Symbols,” 328–29. 49 Ibid., 329–32. The story of Asherah and Elkunirša is known from a Hittite translation (Harry A. Hoffner, “The Elkunirsa Myth Reconsidered,” RHA 23 [1965]: 5–16). 50 P. Chester Beatty VII, verso I, 5–II,3, cited in Manniche, Sexual Life, 22 and 54. 51 The CAD defines mašgašu as either a “tool” or a “part of a chariot” (CAD M/1, 364). Its
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GIM u2-ru SAL.UR isi-ba-tu2 u2-šar UR.GIR15 GIŠ3-ka li-ri-ka ma-la maš-ga-šu2 aš2-ba-ka ina bu-un-zer-ri ša2 sii-h} a-a-te As the pudenda of a bitch seized the penis of a dog, may your penis be as long as a battle mace! I am seated in a web of pleasures!52
Reaching an understanding of the male gender being symbolically associated with weapons in the ancient Near East, Hoffner concludes that rbg-ylk refers not to clothing but to a weapon, most likely a bow, arguing for a semantic relationship between ylk and the Akkadian word unūtu, “tools, equipment, utensils.” He concludes that Deut 22:5 was meant to prevent women from usurping masculine symbols and the power that went with them, but since clothing was not specifically identified with masculinity the way it was with femininity, the prevention of women taking on a male role was achieved not through a clothing ban but rather through a tool or weapon ban. Similarly, he argues that the ban on men wearing female clothing was designed not to prevent men from usurping female power, but to prevent that power from weakening them.53 It is worth noting that virtually all uses of the word ylk as “weapon” in the Hebrew Bible refer to military weapons (the sole exception is Gen 27:3),54 which means that a ban on women handling such weapons would include by implication a ban on women serving as soldiers. But is there any further evidence that ylk is a weapon, as Hoffner suggests? An answer to this question can be found by considering the choice of words for the two opposing categories in sections 1a and 1b of Deut 22:5: h#) for woman and rbg for man. h#) is a general word in Hebrew that refers to women; its masculine equivalent, #y), is likewise a general word that refers to men, and #y) would have been the logical choice if the author of this text had wanted to prohibit simple cross-dressing. The word used, however, was rbg, and since Deut 22:5 is the only place in the book of Deuteronomy where this word occurs, we must conclude that the choice of the word was intentional. The distinction between #y) and rbg is not made clear in our translations, which treat rbg as synonymous with #y), translating both as “man.” But the root /GBR/ has a very specific meaning: save for its appearance as “to do, make” in Ethiopic, it is associated with strength and power in every Semitic association with a weapon is based on the underlying verbal root /ŠGŠ/, which means “to slay in battle” or “murder” (CAD Š/1, 66–69). See Robert D. Biggs, ŠÀ.ZI.GA: Ancient Mesopotamian Potency Incantations (TCS 2; Locust Valley, NY: J. J. Augustin, 1967), 35 n. 11. 52 Text from Biggs, Potency Incantations, 33. 53 Hoffner, “Symbols,” 331–34. Hoffner argues that David’s curse on the house of Joab in 2 Sam 3:28–29, which includes a reference to Joab’s descendants forever holding “the spindle,” represents just such a symbolic attack on their masculinity. 54 K.-M. Beyse, “kelî,” TDOT 7:169–75.
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language in which it is attested (Hebrew, Aramaic, Arabic, and as gapāru in Akkadian).55 The word rbg itself occurs sixty-five times in the Hebrew Bible, and in his study of the word, Hans Kosmala defines it as follows: “a male person who distinguishes himself from others by his strength, or courage, or uprightness, or some other quality.” Kosmala divides the biblical appearance of rbg into three broad categories: reflecting physical strength and virility, reflecting an obedient relationship to Yahweh, and the way the word is used in the book of Job. Physical strength is reflected in both military prowess and access to females; 1 Chr 23:3 refers to the Levites over thirty years of age serving under David; and Jer 41:16 refers to the rbg as men of war. In addition, in Jer 31:22, rbg is associated with hbqn, for which Kosmala argues a purely sexual and procreative meaning, also referring to the statement from the Song of Deborah promising “one or two wombs (Mytmxr Mxr) for every rbg” (Judg 5:30).56 The rbg, as a man in close relationship with Yahweh, reflects a common ideological perspective from the ancient Near East, where success was based in no small part on divine favor. A rbg, therefore, must by definition be supported by Yahweh, and must act according to his command. This meaning of the word is especially common in the book of Psalms, which at one point berates a rbg who trusts only in his material wealth (Ps 52:8–9). Proverbs 30 describes a rbg who admits his ignorance of the divine and the humility this knowledge brings.57 The most interesting use of rbg is in the book of Job, for here the word is basic to the very theme of the book: Yahweh’s test of a righteous man. Job argues that he was born a rbg (Job 3:3), which marks the only time in the Hebrew Bible that the word rbg is used to refer to anyone other than an adult male.58 One finds in Mesopotamia the idea that one’s fate (šīmtu) was determined at birth,59 which Job initially seems to share, adding to the emotional stress his misfortunes cause him. As the narrative develops, it is clear that the meaning of the word rbg is being discussed throughout it; can one be born a rbg, as Job claims, or is the status earned? And must the rbg be continually upright if he is to retain his superior status? The vanity of the rbg, as symbolized by Job, will be brought low by Yahweh (Job 33). In the end, Job, and thereby the rbg, discovers humility before the divine, and in this way the text has a strong parallel with the Babylonian composition Ludlul Bel Nemeqi, in which a superior man is brought low and then restored by Marduk.60 The message in Job also serves to refute any idea of predestination, for it is 55
Hans Kosmala, “gābhar, gebhûrāh, gebhîr, gibbôr, gebher,” TDOT 2:367–82. Kosmala, “The Term Geber in the Old Testament and in the Scrolls,” in Congress Volume: Rome 1968 (VTSup 17; Leiden: Brill, 1969), 159–69. 57 Ibid., 162. 58 Ibid., 164. 59 A. Leo Oppenheim, Ancient Mesopotamia: Portrait of a Dead Civilization (rev. ed. completed by Erica Reiner; Chicago: University of Chicago Press, 1977), 202. 60 Kosmala, “Term Geber,” 166. For the texts and translation of Ludlul Bel Nemeqi, see 56 Hans
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only when Job discovers humility that he truly earns his status as a rbg, beginning with Yahweh’s statement in 40:7:
yn(ydwhw Kl)#) Kyclx rbgk )n-rz) Now gird your loins like a geber; I will question you, and you explain to me.
This is followed by Yahweh’s justification of his authority, and then Job’s repentance.61 It is with this definition of rbg in mind that we must evaluate the meaning of Deut 22:5.
V. Conclusions Women and men cross-dress for very different reasons, to the point that in many cases what a particular society considers transvestitism will be different for each gender. This explains the variation of both the nouns and the verbs in sections 1a and 1b of Deut 22:5. The verse is much more than a simple prohibition of particular wardrobes, and indeed in no way addresses the issue of women wearing masculine garments, since in the culture of ancient Israel the clothing of men was less associated with gender than was the clothing of women. Rather, the verse reflects the most basic ideology of gender in Israelite society, and to this end it distinguishes not simply between male and female but also between different qualities of men. The ideals of manhood and masculinity were not considered either simple or innate; one had to achieve them through action, behavior, and a good relationship with Yahweh. Contrary to Job’s initial claim, one could be born a male, an #y), but not a rbg.62 Further, to maintain one’s status as a rbg required effort, and there was the constant danger that such a man might slip from this superior state by displaying weakness, doubt in Yahweh, or even by inappropriate contact with the wrong items. Being exalted, a rbg had farther to fall than a mere #y). Building on Hoffner’s conclusion that in the ancient Near East it was believed that feminine symbols had the power to weaken masculinity, we can therefore see the provisions of Deut 22:5, at least in part, as an effort to protect the rbg.63 In section 1a, by prohibiting all women from accessing a weapon or any other symbol of power not of men in general but of the most masculine and religiously upright of men, the verse sets the rbg clearly apart from women and the danger they represent. In section 1b, Lambert, Babylonian Wisdom Literature, 21–62; a more recent translation is in Benjamin R. Foster, Before the Muses: An Anthology of Akkadian Literature (3rd ed.; Bethesda, MD: CDL, 2005), 392– 409. 61 The process of Job discovering what it is to be a rbg is discussed in detail by Kosmala (“Term Geber,” 164–67). 62 Ibid., 165. 63 See n. 53 above. Hoffner’s analysis makes no distinction between the #y) and the rbg.
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the prohibition of active contact with a potent symbol of all women (wearing a h#) tlm#), sets up the warning in part 2 for the rbg not to fall from his exalted place by engaging in practices similar to the religious rituals of Israel’s polytheistic neighbors and thereby offending Yahweh. It is equally important to remember, however, that not every man could be a rbg, and the existence of both the words #y) and rbg in Biblical Hebrew shows a degree of social flexibility in the Israelite conception of manhood that in other male-dominated societies, such as the Native American tribes of the Great Plains, was handled by the creation of a transvestite class (the Berdache).64 By distinguishing between the #y) and the rbg, Israelite society allowed men who did not meet the difficult expectations of the masculine ideal to remain culturally male (since transvestitism was frowned upon and therefore could not serve as an outlet), while at the same time providing them with a goal of superior manhood to which they might aspire. Seen in this light, the text of Jer 30:6, in which Yahweh chastises Israel and Judah for doubting that he will restore them, includes a second, more veiled condemnation of transgender behavior by a rbg:
hdlwyk wyclx-l( wydy rbg-lk yty)r (wdm Why do I see every geber (with) his hands on his loins like a woman in labor?
Even the best of men, Jeremiah argues, have become like a woman in her most vulnerable and feminine condition, which for the Israelite concept of masculinity is a clear insult, since the image of labor pain and the cries associated with it is a common motif for women in anguish in the ancient Near East. Note the cries of the goddess Bēlet-ilī as she laments the flood in the Gilgamesh Epic (tablet 11:117– 18): i-šas-si diš-tar [k]i-ma a-lit-ti u2-nam-bi Bēlet-ilī (DINGIR.MAH~ ) tai -bat rig-ma The goddess, screaming like a woman in childbirth, Bēlet-ilī, the sweet-voiced, wailed aloud.65
By implication through Deut 22:5, a rbg who behaves like a woman has not merely shown himself to be weak but has also committed an abomination. For the h#), Deut 22:5 maintains her gender role as both a sexual ornament and a mother, and it is noteworthy that when women do participate in war in the Hebrew Bible, they do not employ traditional weapons or tactics (Jael killing Sisera with guile and a tent peg in Judg 4:17–21, for example).66 In turn, the use of the fem64
See n. 36 above. Text from Andrew R. George, The Babylonian Gilgamesh Epic: Introduction, Critical Edition and Cuneiform Texts (Oxford: Oxford University Press, 2003), 710–11. 66 The apocryphal book of Judith presents an exception to this, since Judith kills the Assyrian general Holofernes with his own sword (13:6–10). It is noteworthy that Judith’s relative free65
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inine equivalents of rbg, hrybg and trbg, is rare in the Hebrew Bible.67 Like rbg, these terms can reflect either power or other authority: hrybg is used for “queen” (1 Kgs 11:19), or “queen-mother” (1 Kgs 15:13; 2 Chr 15:16), and trbg for “mistress” (Gen 16:8; Prov 30:23), or a vain female who has fallen (Isa 47:5 and 7), paralleling the similar use of rbg in Job. It is noteworthy that neither hrybg nor trbg is used in Proverbs 31, which describes the ideal wife as an h#) (31:10 and 31:30). While this is limited evidence, it does seem to indicate that the feminine forms of the root /GBR/ reflected political power alone and rarely displayed the additional sexual, military, or religious nuances found in the masculine. In ancient Israel, such subtle distinctions within a gender were less marked for women, probably reflecting their lower status in the patriarchal society common to the entire ancient Near East. Rabbinic commentary on Deut 22:5 shows that the problems presented by this verse were already being debated in late antiquity. In Sifre on Deuteronomy 226, the discussion focuses first on the intermingling of the sexes, as follows:
My#n)h Nybl Kltw #bwl #y)h# Krdk h#) #blt )l# rbd l# wllk whz My#nh Nybl Klyw My#n y+y#ktb +#qty )l #y)hw This is the basic meaning of the matter: that a woman shall not dress in the way that a man dresses, and go among the men, and the man will not ornament himself in the ornaments of women, and go out among the women.68
Note that in this passage, the terms #y) and h#) are used, indicating an understanding of rbg as synonymous with the more general word for “man.” The text continues with the following:
hmxlml )ctw Nyyz ylk h#) #blt )l# Nynm rmw) bq(y Nb rz(yl) ybr Rabbi Eliezer ben Jacob says, “How do we know that a woman must not put on the weapon of a man and go out to war?”69
Here we see the use of the root /LBŠ/ in association with ylk, which, as noted above, could be defined as a garment by the rabbinic period, and which therefore
dom and assumption of what in the ancient Near East were traditional male behaviors may well have been a major reason for the exclusion of the book of Judith from the canonical Hebrew Bible (Toni Craven, Artistry and Faith in the Book of Judith [SBLDS 70; Chico, CA: Scholars Press, 1983], 117–18). 67 HALOT, 173, 176; BDB, 150. 68 Text from Louis Finkelstein, Sifre on Deuteronomy (New York: Jewish Theological Seminary of America, 1969), 258. For translations of this passage, see also Reuven Hammer, Sifre: A Tannaitic Commentary on the Book of Deuteronomy (New Haven: Yale University Press, 1986); and Jacob Neusner, Sifre to Deuteronomy (BJS 124; Atlanta: Scholars Press, 1987). 69 Text from Finkelstein, Sifre on Deuteronomy, 258.
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could be worn. More interesting for our purposes, however, is the reference to war, because Eliezer ben Jacob’s speculation makes no reference to cultic activities at all. This view was taken up by Maimonides, who translated ylk as “armor,” and Jeffrey Tigay argues that this verifies the interpretation of ylk as “weapon.”70 It appears that Eliezer ben Jacob saw the use of rbg rather than #y) for “man” and regarded the distinction between the two as important. War was an activity properly restricted to males, but, more than this, it represented an important expression of masculine activity; not all men were warriors, but the rbg usually was. This represents a logical expansion of the statement that precedes it, that men and women not mix in their activities, but also shows a more nuanced understanding of the different words for “man.” It is worth noting that by the period of the tannaitic sages, the particular cultic activities of the neighbors of Israel that had been in practice when Deuteronomy was written had long since vanished with those neighbors, and so a complete understanding of them would probably have been alien to the authors of Sifre on Deuteronomy. Our own difficulty in understanding the meaning of Deut 22:5 is likewise partly cultural, since we lack the understanding of the symbols of gender in the ancient Near East that a native would have had. The Israelite conception of transvestitism was not the same as transvestitism in modern Western culture; it was based on a cultic tradition absent today, and there is no evidence that the terms hlm#, h#) tlm#, or for that matter any other Biblical Hebrew words related to clothing, had the erotic connotations of the modern English word “lingerie” (modern Hebrew uses Mynbl). That no form of women’s clothing was specifically eroticized in ancient Israel rendered a basic cause of male fetishistic transvestitism inoperative in that culture. The Israelites did restrict opportunistic female transvestitism, at least in matters of war, much like the societies of the pre-modern west. Our difficulty with interpretation and translation is also partly linguistic: the Hebrew source language has different words for different qualities of men, while English tends to group them together under the general term “man,” using adjectives to be more specific. An understanding of the cultural nature of transvestitism, as well as the use of comparative material from other cultures of the ancient Near East, has helped determine the meaning of ylk in Deut 22:5, and a willingness to add an adjective in the English where none exists in the Hebrew can help with the question of #y) versus rbg, allowing us more clearly to distinguish between the precise type of “man” being referred to and the general category of “woman” that is being contrasted with it. Our translation, therefore, should read something like this: A woman shall not be associated with the instrument of a superior man, and a superior man shall not wear the garment of a woman, for whoever does these things is a cultic abomination to Yahweh your God. 70 Moses Maimonides, The Guide of the Perplexed (trans. Shlomo Pines; Chicago: University of Chicago Press, 1963), 544. Tigay, Deuteronomy, 200.
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In Search of the Narrator’s Voice: A Discourse Analysis of 2 Kings 18:13–16 yoo-ki kim [email protected] Seoul Women’s University, Seoul 139-774, Republic of Korea
The accounts of Sennacherib’s invasion of Judah in 2 Kgs 18:13–19:37 have been the subject of much scholarly debate.1 We can discern at least two distinct accounts in the story of Sennacherib’s invasion. In the first, shorter account (account A; 18:13–16), Hezekiah surrenders to Sennacherib’s demands by paying him silver and gold. In the second, longer account (account B; 18:17–19:37), Sennacherib sends his envoys to persuade Hezekiah, who seems to be resistant this time. Ultimately Jerusalem miraculously survives the Assyrian campaign, thus fulfilling the prophet Isaiah’s oracle of salvation. Brevard S. Childs further distinguishes two layers in account B: B1 covers 18:17–19:9a, 36–37, and B2, 19:9b–35.2 His suggestions are generally followed with minor variations.3 In this article, I use the term “account B” to refer to both the accounts B1 and B2. Scholars have taken different avenues to account for these apparently contradictory accounts (account A and account B). Most approaches have been historical This work was supported by a special research grant from Seoul Women’s University (2008). 1 For a sample of scholarly works on Sennacherib’s invasion of Judah, see the bibliography section of the volume recently edited by Lester L. Grabbe: ‘Like a Bird in a Cage’: The Invasion of Sennacherib in 701 BCE (JSOTSup 363; European Seminar in Historical Methodology 4; London: Sheffield Academic Press, 2003), 324–46. 2 Brevard S. Childs, Isaiah and the Assyrian Crisis (SBT 2/3; Naperville, IL: Allenson, 1967), 73–74. 3 See, e.g., Francolino J. Gonçalves, L’expédition de Sennachérib en Palestine dans la littérature hébraïque ancienne (Publications de l’Institut orientaliste de Louvain 34; Paris: Gabalda, 1986), 354; Iain W. Provan, Hezekiah and the Books of Kings: A Contribution to the Debate about the Composition of the Deuteronomistic History (BZAW 172; Berlin/New York: de Gruyter, 1988), 120–30.
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or critical.4 The accounts are further complemented by the parallel narratives in 2 Chronicles 32 and Isaiah 36–37 as well as the extrabiblical sources such as the annals of Sennacherib and the relief describing the siege of Lachish discovered in Sennacherib’s palace at Nineveh.5 These biblical and extrabiblical sources allow us to look at the historical reality from different angles. However, these sources do not report the campaign in one voice. For example, while the annals of Sennacherib boast of Sennacherib’s successful Palestinian campaign, the Hebrew Bible mentions the deliverance of Jerusalem and the defeat of the Assyrians. These contradictory accounts keep students of today from drawing a decisive conclusion about what really happened. Some scholars have even tried to explain the two accounts in Kings as reflecting two campaigns by Sennacherib.6 However, in a literary approach that follows the lead of Donald J. Wiseman, who observed that 2 Kgs 18:17–37 is parallel to 18:13–16, Richard S. Hess asserts that account B is an elaboration of account A.7 He further argues that accounts A and B follow the “techniques of resumption and expansion” often found in the OT, where the first, shorter summary of the narrative is followed by a second, longer account, offering details of the same event as the first.8 In this article, I will not delve into the question of the historicity of different sources or trace the textual development. Rather, I will focus on the linguistic features of the first, short account in 2 Kgs 18:13–16. This is deemed “an accurate statement of what had happened” by many scholars, according to Lester L. Grabbe, 4 For
a historical survey of Sennacherib study, see Lester L. Grabbe, “Introduction,” in Like a Bird, ed. Grabbe, 20–36. 5 For the relationship of the texts of the story in 2 Kings and Isaiah, see, e.g., August H. Konkel, “The Sources of the Story of Hezekiah in the Book of Isaiah,” VT 43 (1993): 462–82. John Bright argues that 2 Kgs 18:14–16 is “remarkably corroborated and supplemented by” the annals of Sennacherib (A History of Israel [4th ed.; Louisville: Westminster John Knox, 2000], 299). However, John B. Geyer refutes such a correspondence, mainly because 2 Kgs 18:14–16 does not mention a siege of Jerusalem (“2 Kings XVIII 14–16 and the Annals of Sennacherib,” VT 21 [1971]: 604–6). For a recent study of the Assyrian sources of the Sennacherib’s campaign, see Walter Mayer, “Sennacherib’s Campaign of 701 BCE: The Assyrian View,” in Like a Bird, ed. Grabbe, 168–200. On the reliefs that portray the capture of Lachish, see Ruth Jacoby, “The Representation and Identification of Cities on Assyrian Reliefs,” IEJ 41 (1991): 130–31; Christoph Uehlinger, “Clio in a World of Pictures—Another Look at the Lachish Reliefs from Sennacherib’s Southwest Palace at Nineveh,” in Like a Bird, ed. Grabbe, 221–305. 6 See, e.g., Bright, History, 298–309; and William H. Shea, “Sennacherib’s Second Palestinian Campaign,” JBL 104 (1985): 401–18. 7 Donald J. Wiseman, 1 and 2 Kings: An Introduction and Commentary (TOTC 9; Leicester: InterVarsity, 1993), 274–76; Richard S. Hess, “Hezekiah and Sennacherib in 2 Kings 18–20,” in Zion, City of Our God (ed. Richard S. Hess and Gordon J. Wenham; Grand Rapids: Eerdmans, 1999), 36. 8 Hess, “Hezekiah and Sennacherib,” 37.
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but is missing from the parallel narratives in Chronicles and Isaiah.9 The passage in question is clearly delimited by its stylistic features, as I will show below. James A. Montgomery and Henry Snyder Gehman think that it “stands apart as of annalistic character with its curt detail, without moral judgment.”10 According to Hess, too, this passage is “concise with no theology or moral judgment.”11 P. Kyle McCarter further characterizes this passage as follows: The opening section (2 Kings 18:13–16) is a straightforward summary of the events, describing the devastation of the Judahite countryside by the Assyrian army and Hezekiah’s payment of tribute to Sennacherib. The businesslike tone of this passage and the absence of ideological or even interpretive expansion suggest that it is a quotation from an early annalistic source.12
The passage is indeed a summary of events, and the narrative flows quite fast in this small number of verses. However, the representation of events is inevitably selective, in both quantity and quality, as may be expected in any historical statement. In quantity, the author can write only limited information out of the historical continuum, and in quality, only the information deemed most important and relevant is selected. Moreover, according to Childs, the presumed author of the passage has “expressed himself in his own style,” while using older sources.13 John Gray also sees in this passage not only “close reliance on an annalistic source” but also “adaptation by the Deuteronomistic compiler.”14 For example, how Hezekiah could meet Sennacherib’s demand is described in some detail (vv. 15–16). Furthermore, the author expresses his judgment on and evaluation of the events or the people involved using a variety of devices that I will examine below.
I. An Overview of 2 Kings 18:13–16 Translation of the Passage Presented below are the Hebrew text of 2 Kgs 18:13–16 (according to BHS) and an English translation. Each unit marked by a letter (a–j) represents a clause; 9 Lester L. Grabbe, “Reflections on the Discussion,” in Like a Bird, ed. Grabbe, 308–9. Isaiah 36:1 corresponds to 2 Kgs 18:13, but 2 Kgs 18:14–16 has no corresponding material in Isaiah. 10 James A. Montgomery and Henry Snyder Gehman, A Critical and Exegetical Commentary on the Books of Kings (ICC; Edinburgh: T&T Clark, 1951), 482. 11 Hess, “Hezekiah and Sennacherib,” 26. 12 P. Kyle McCarter, Jr., “The Divided Monarchy: The Kingdoms of Judah and Israel,” in Ancient Israel: From Abraham to the Roman Destruction of the Temple (ed. Hershel Shanks; rev. ed.; Washington, DC: Biblical Archaeology Society, 1999), 179. 13 Childs, Assyrian Crisis, 70. 14 John Gray, I & II Kings: A Commentary (OTL; 3rd ed.; London: SCM, 1977), 660.
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however, the relative clause embedded in i is not given an independent letter since it simply modifies a noun phrase of the main clause. Division by Clause of 2 Kings 18:13–16 hyqzx Klml hn# hr#( (br)bw twrcbh hdwhy yr(-lk-l( rw#)-Klm byrxns hl( M#ptyw rm)l h#ykl rw#)-Klm-l) hdwhy-Klm hyqzx xl#yw yt)+x yl(m bw# )#) yl( Ntt-r#) t) Psk-rkk tw)m #l# hdwhy-Klm hyqzx-l( rw#)-Klm M#yw bhz rkk My#l#w Klmh tyb twrc)bw hwhy-tyb )cmnh Pskh-lk-t) hyqzx Ntyw twnm)h-t)w hwhy lkyh twtld-t) hyqzx Ccq )yhh t(b hdwhy Klm hyqzx hpc r#) rw#) Klml Mntyw
a 13 b c 14 d e f g h 15 i 16 j
13 a In the fourteenth year of King Hezekiah, Sennacherib, king of Assyria, came up against all the fortified cities of Judah. b He seized them. 14 c Hezekiah sent (messengers) to the king of Assyria to Lachish (with the following words), d “I have sinned.” e “Turn away from me.” f “What you will give me (to do) I will carry out.” g The king of Assyria imposed on Hezekiah, king of Judah, three hundred talents of silver and thirty talents of gold. 15 h Hezekiah gave all the silver found in the house of Yahweh and in the storehouses of the house of the king. 16 i At that time, Hezekiah cut up the doors of the temple of Yahweh and the doorposts that Hezekiah, king of Judah, had overlaid. j He gave them to the king of Assyria.
The Passage as a Literary Unit It is Childs’s “account A” (2 Kgs 18:13–16) that we are mainly concerned with here. Critics have often seen more than one source for this passage. Already in the nineteenth century, B. Stade assumed that vv. 14–16 are an insertion from a different source, while vv. 13 and 17 belong together.15 Moreover, vv. 14–16 are not 15 B.
172.
Stade, “Miscellen: 16. Anmerkungen zu 2 Kö. 15–21: Zu 18,13–19,37,” ZAW 6 (1886):
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always taken as originating in a single source. For example, Mordechai Cogan and Hayim Tadmor consider v. 16 to be from one source, called “Temple chronicle,” and vv. 13b–15 to be from another, called “Judahite chronicle.”16 In the passage immediately preceding (18:9–12), the narrator recounts the events that occurred in the earlier years of King Hezekiah, that is, the fall of Samaria and the deportation of the Israelites, with comments attributing the disastrous events to disobedience to and breach of the covenant on the part of the Israelites. In account B (18:17–19:37), different threats by the Assyrians are presented, and the reported speech between the participants occupies the majority of the account, thus slowing down or interrupting the flow of the narrative. In account B, only thirteen of the fifty-eight verses consist purely of narrative frame without reported speech.17 The statistics contrast with our passage (18:13–16), which mainly consists of narrative frame with an interruption of reported speech only in v. 14. Regardless of whether the juxtaposition of accounts A and B constitutes the “techniques of resumption and expansion,”18 account A describes the events that are distinct both in content and in literary style from those in account B, at least in its present form. Thus, the former can be considered a self-contained literary unit. This is supported also by the analyses that follow. As a literary unit, the passage can be summarized as follows. An Outline of 2 Kings 18:13–16 a–b c–f g h i–j
Sennacherib’s attack and capture of the fortified cities of Judah Hezekiah’s initiative to appease Sennacherib Sennacherib’s demand for tribute Hezekiah’s submissive response Details of the measures that Hezekiah took to pay the tribute
II. Narrative and Dialogue Verbal Forms and Coherence of the Discourse The boundaries of the passage are clearly marked by the clauses that begin with prepositional phrases (clauses a and i), each followed by a clause (b and j, respectively) that describes an action that is naturally expected to result from the preceding action.
16 Mordechai Cogan and Hayim Tadmor, II Kings: A New Translation with Introduction and Commentary (AB 11; Garden City, NY: Doubleday, 1988), 228. According to their division, v. 13b begins with the verb hl(. 17 The thirteen verses are 18:17, 18, 36, 37; 19:1, 2, 5, 8, 9, 14, 35, 36, 37. 18 Hess, “Hezekiah and Sennacherib,” 37.
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Although preverbal elements in Biblical Hebrew often mark a focus or a topic,19 in clauses a and i, this is not the case.20 The prepositional phrases rather set the temporal background in which the events described in this passage take place. As temporal settings that delimit the initial and final events of this passage, these expressions help the discourse cohere in a more effective way, while serving as devices that make the passage distinct from those that follow. The other clauses (b, c, g, h, and j) are introduced by the wayyiqtōl verbal form, if we exclude those found in reported speeches (d, e, and f). This grammatical form is very often used in the narrative sequence for “the storyline or the backbone of a discourse.”21 Unlike the qātal form (as in a and i), the wayyiqtōl form is seldom preceded by a phrase.22 In terms of information structure, this means that in wayyiqtōl clauses a focus, a topical referent, or a temporal setting that can otherwise precede the verb is lacking. Rather, the main interest in the narrative is the flow of the story line. In qātal clauses, the action is anchored to a certain point in time, as explicitly shown by the phrases “the fourteenth year of King Hezekiah” in a and “at that time” in i, the latter of which overlaps with the former. In our passage, the narrator begins at the point in time in which he recounts the story (qātal) and moves into the time of event (wayyiqtōl), only briefly returning later to the initial point of narration (qātal) near the end of the passage to offer additional information. Therefore, a and i form background information to the main events of this passage, and v. 16, of which the beginning part is i, functions as an integral part of the passage. It describes background information related to the preceding verse (v. 15), regardless of whether it originated from a source different from that of the other parts of this passage (vv. 13–15).
The Reported Speech The reported speech attributed to Hezekiah is fully incorporated into the narrative by the quotation marker rm)l. According to Galia Hatav, rm)l marks 19 There are different definitions of “focus” and “topic” in the literature. We define “topic” as the information, whether new or old, shared by the participants of the communication, and “focus” as the information that is “the most important or salient in the given communicative setting,” following the communication-oriented definition proposed by Simon C. Dik (The Theory of Functional Grammar [ed. Kees Hengeveld; 2 vols; 2nd rev. ed.; Functional Grammar Series 20–21; Berlin: Mouton de Gruyter, 1997], 1:313–15, 326–28). 20 Following Lénart J. de Regt, we may call these prepositional phrases “topical referents” or “bases” (“Hebrew Syntactic Inversions and Their Literary Equivalence in English: Robert Alter’s Translations of Genesis and 1 and 2 Samuel,” JSOT 30 [2006]: 301–10). 21 Robert E. Longacre, Joseph: A Story of Divine Providence: A Text Theoretical and Textlinguistic Analysis of Genesis 37 and 39–48 (2nd ed; Winona Lake, IN: Eisenbrauns, 2003), 63. See also GKC §111a. 22 For the examples of the wayyiqtōl form immediately following a circumstantial phrase, see IBHS, 553.
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“free direct discourse,” which, unlike direct discourse, does not record the communication exactly but functions as “an adjunct, interpreting the event reported by the matrix clause.”23 If this is the case, the three clauses d, e, and f are not intended to be verbatim records of Hezekiah’s words. Through “free direct discourse” the narrator summarizes Hezekiah’s message to his Assyrian overlord without quoting a presumable lengthy letter. In this case, the reported speech itself, not the thirdperson narration, is the primary element in the development of the narrative, as is often the case in the narrative of the Hebrew Bible.24 The speech consists of three concise clauses that respectively consist of Hezekiah’s admission of rebellious behavior against his overlord (“I have sinned”), his plea for Sennacherib’s retreat (“Turn away from me”), and his promise to do everything to obviate Sennacherib’s punitive action against his city Jerusalem (“What you will give me [to do] I will carry out”). It shows Hezekiah in unconditional submission to Sennacherib: he is portrayed as being ready to accept any condition that the Assyrian king would impose on him to avert his own dethronement and the fall of Jerusalem. With his cities lost to the Assyrians, Hezekiah must have been in a difficult situation. Taking the initiative in the interaction, he sends his messengers to negotiate a peaceful solution. Sennacherib’s threat to Hezekiah has been amply manifested by the capture of the fortified Judean cities; however, there is no explicit verbal threat quoted in our narrative. Sennacherib’s activity in Judah was in itself a serious threat even without any oral or written message. According to the narrator, only Hezekiah talks (i.e., sends messages), while Sennacherib is silent throughout. Even after Sennacherib receives Hezekiah’s message, he is not reported as saying anything. Instead, he “imposed” (M#yw) tribute on the Judean king. Hezekiah prepares the tribute by resorting to excessive measures. The narrator describes what happened to the temple to meet Sennacherib’s demands. Silence on the part of the Assyrian king is significant; only the words of the Judean king are reported—though these may better be taken as the gist of the message summarized by the narrator, as we have argued above, rather than the word-for-word quotation of the full message. Hezekiah’s speech, which employs the first person, gets a response in the form of a third-person recounting of Sennacherib’s reaction. The “technique of contrastive dialogue,” by which the narrator differentiates characters featured in dialogues, is a well-known literary tool in biblical narrative.25 Here, however, the narrator goes to the extreme of eliminating completely the expected speech of Sennacherib and substituting the third-person narrative. After the intervening condensed speech of Hezekiah, the 23 Galia
Hatav, “(Free) Direct Discourse in Biblical Hebrew,” HS 41 (2000): 30. Alter implies that it is “a general trait of biblical narrative” that “the primacy of dialogue is so pronounced that many pieces of third-person narration prove on inspection to be dialogue-bound . . .” (The Art of Biblical Narrative [New York: Basic Books, 1981], 65). 25 Ibid., 72. 24 Robert
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narrator jumps back to the main narrative. In this way, the reported speech of Hezekiah comes to prominence in the passage.
III. Participant Reference Hezekiah and Sennacherib There are two main participants in this passage: Hezekiah and Sennacherib.26 Both men are referred to in different ways. The name of Hezekiah is mentioned six times. He is referred to as hyqzx Klmh in a, as hdwhy-Klm hyqzx in c, g, and i, and simply as hyqzx in h and i. References to him also take the form of agreement in person and number of the finite verb (third person in j and first person in d and f) or pronominal suffixes (first person suffix in e and f). Sennacherib appears four times. He is first introduced as rw#)-Klm byrxns in a, and then referred to simply as rw#) Klm in c, g, and j. Also in “account B” (2 Kgs 18:17–19:37), which follows our passage, he is referred to in most cases as rw#) Klm without his name (2 Kgs 18:17, 19, 23, 28, 30, 31, 33; 19:4, 6, 8, 10, 32). He is also the referent of the third person verb in b and the second person verb in e and f . In sum, in this relatively short passage, we find different strategies used to refer to the two major participants. They can be summarized as follows: Table 1. Means of Participant Reference in 2 Kings 18:13–16 Hezekiah Lexical Reference
Three-word Two-word One-word
Grammatical Reference
hdwhy-Klm hyqzx hyqzx Klmh hyqzx Verbal Inflection Pronominal Suffix
Sennacherib c, g, i a h, i
rw#)-Klm byrxns rw#) Klm
a c, g, j
N/A
d, f, j Verbal Inflection
b, e, f
e, f
Sennacherib is endowed with a three-word reference when he is introduced, as expected in such a case. After the introductory reference, he is simply referred to as the “king of Assyria.” The absence of the name “Sennacherib” is worth noting, though the reader could easily have identified “the king of Assyria” as Sennacherib in account B as well as in account A. The first reference to Hezekiah that we find in this passage is not a three-word reference, “Hezekiah king of Judah,” but a two26 For the various forms of participant reference and their function in the Joseph narrative, see Longacre, Joseph, 139–54.
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word identification, “(the) King Hezekiah.” Since Hezekiah is introduced and mentioned in previous passages, there is no need to reintroduce him with the longer title. However, it is interesting to note that Hezekiah gets the three-word reference three times in this short passage. Hezekiah is referred to as such only four times in Kings, the only other case outside of our passage occurring in 2 Kgs 19:10. The distribution may be explained by the fact that he is described as the central figure in our passage in his interaction with Sennacherib. The most striking of the threeword references to Hezekiah occurs in a relative clause beginning with r#) (in i), while its main clause contains a reference to the same king in a one-word form.27 We should also note the difference in the form of references to Hezekiah and Sennacherib. The former is sometimes mentioned solely by name, while the latter is usually referred to by the general term “the king of Assyria” here and in account B, as we mentioned above. The frequent use of the title “the king of Assyria” instead of his name is notable. This expression is quite often used by the author of Kings to refer to other Assyrian kings (e.g., 2 Kgs 15:20; 16:8, 9, 18; 17:4, 5, 6, 24, 26, 27; 18:11; 23:29). The author may have been reluctant to mention the name of the archenemy of Israel and/or Judah by name. The conspicuous absence of the name and the frequent use of the title “the king of Assyria” in account B may also be explained in this vein. In a literary analysis of 2 Kgs 18:17–35, Dominic Rudman concludes that “the narrator of the siege account depicts a confrontation between the Assyrian king as false god and Yahweh as true God, mediated by their respective ‘prophets,’ the Rabshakeh and Isaiah.”28 Probably because Sennacherib is a blasphemous enemy who not only defiles the name of Yahweh but also challenges his position as the God of the Judeans, the author refrains from mentioning his name. The same may be given as the reason the king’s name is conspicuously absent from 1 Kings 20 and 22 and from the Elisha stories, being replaced by l)r#y Klm (“the king of Israel”).29 One thing to note is that the two major participants of our passage are never referred to by means of third person pronominal suffixes, although such forms are normally expected. For example, in c the narrator could have said “Hezekiah sent (messengers) to him (*wyl)) . . .” instead of “Hezekiah sent (messengers) to the king of Assyria (rw#)-Klm-l)) . . . .” Also in g, the narrator could have said, “The king of Assyria placed on him (*wyl() . . .” instead of “The king of Assyria placed on 27 Cogan
and Tadmor argue that this expression, “while a bit awkward, may indicate the original wording of this datum as recorded in its sources” (II Kings, 229). However, there is no such evidence. This may better be taken, at least in its present form, as a discourse device for the author to underline the agent of the action. 28 Dominic Rudman, “Is the Rabshakeh Also among the Prophets? A Rhetorical Study of 2 Kings XVIII 17–35,” VT 50 (2000): 110. 29 According to Wayne Thomas Pitard, however, the few occurrences of the name “Ahab” are additions (Ancient Damascus: A Historical Study of the Syrian City-State from Earliest Times until Its Fall to the Assyrians in 732 B.C.E. [Winona Lake, IN: Eisenbrauns, 1987], 117–18).
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Hezekiah king of Judah (hdwhy-Klm hyqzx-l() . . . .” There is nothing that could obscure the identity of the referents or amount to ungrammatical sentences if the nominal phrases were to be replaced by pronominal suffixes combined with prepositions. The avoidance of pronominal suffixes to this extent may be due to the narrator’s deliberate effort to place these two participants on the same standing in the narration, though in reality Hezekiah is a vassal to Sennacherib.
Assyrian Records The fact that the participant reference sometimes reflects the author’s attitudes toward the participant in the narrative can also be seen vividly in references to Hezekiah in Assyrian records written in Akkadian.30 In the annals of Sennacherib, Hezekiah is introduced as “Hezekiah, the Judean” (m.H}a-za-qi-a-ú KUR.Ia-ú-da-aa) (Chicago Prism III 18; Taylor Prism III 11–12). Later in the same text, he is referred to simply as “Hezekiah” (m.H}a-za-qi-a-ú) (Chicago III 37; Taylor III 29). Other kings in the neighboring countries are consistently referred to in the form of “PN the king of GN” such as “Luli, king of Sidon” (m.Lu-li-i LUGAL URU.S[i-du-unni) (Chicago II 38; Taylor II 35) unless they occur in the list, where the expression “PN of GN” is used but followed by the summary “the kings of Amurru” (LUGAL.MEŠ KUR MAR.TU.KI) (Chicago II 50–58; Taylor II 47–55). According to Antti Laato, these “disparaging and bitter terms used to describe Hezekiah” are “stylistic devices” to veil some military setback in the Sennacherib’s campaign.31 Laato’s argument gains more weight when we note that Hezekiah is even referred to as “the notorious rebel Hezekiah, its king” in the Bull Inscriptions.32
The Orthography of the Name Hezekiah In 2 Kings, the king’s personal name “Hezekiah” appears thirty-four times as whyqzx, as against eight in the form of hyqzx and one in the form of whyqzxy with the prefixed yod in 2 Kgs 20:10. In Chronicles, the latter form occurs thirty-eight times while the form whyqzx appears only five times. As shown above, in account A
30 Sennacherib’s
records quoted in this paper follow the transliteration and translation of Mayer, “Sennacherib’s Campaign,” 186–200. 31 Antti Laato, “Assyrian Propaganda and the Falsification of History in the Royal Inscriptions of Sennacherib,” VT 45 (1995): 219–20. B. Oded refutes Laato’s argument on the basis that the adjective “Jew” in Laato’s translation is postexilic (“History vis-à-vis Propaganda in the Assyrian Royal Inscriptions,” VT 48 [1998]: 423). But Laato’s main point is that Sennacherib deliberately omitted the title “king” when mentioning Hezekiah. 32 Mayer, “Sennacherib’s Campaign,” 194. Hezekiah is also mentioned as “Hezekiah, its king” (m. H}a-za-qi-a-ú LUGAL-šu) in the Thompson Prism. See Mayer, “Sennacherib’s Campaign,” 193.
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of Sennacherib’s invasion, the name of Hezekiah occurs six times either with or without a nominal phrase in apposition. Interestingly, all these cases show the form hyqzx without the final waw.33 The latter form appears thirteen times in the Hebrew Bible, six of which cluster in our passage. The occurrences of the forms in Kings and Chronicles can be summed up as follows:34 Table 2. The Orthography of the Name Hezekiah in Kings and Chronicles Kings (2 Kgs 18:13–16)
hyqzx whyqzx whyqzxy
8 (6) 34 (0) 1 (0)
Chronicles 0 5 38
This corroborates the assumption that our passage forms a coherent unit in its present form. According to Ziony Zevit, “A cluster of six occurrences in 18:13–16 distinguishes these verses linguistically within the complex of siege narratives 18:13–19:37.”35 Outside of our passage, the two occurrences are found in 2 Kgs 18:1 and 10. Besides the attestations in Kings, five instances of the orthography hyqzx are encountered in the Hebrew Bible (1 Chr 3:23; Neh 7:21; 10:18; Prov 25:1; and Zeph 1:1). Of these instances, those in 1 Chr 3:23 and Neh 7:21; 10:18 do not point to King Hezekiah, nor can the person referred to in Zeph 1:1 as the greatgreat-grandfather of Zephaniah be identified with King Hezekiah. The orthography of Prov 25:1 might be attributed to a northern influence on Proverbs.36 The alternation between hy- and why- in the personal name is not unusual in the Hebrew Bible,37 but the concentration of the hy- ending on Hezekiah’s name in this small corpus is intriguing. According to Zevit’s analysis, hy- names developed in the northern kingdom by the end of the ninth or the beginning of the eighth century b.c.e., and in Judah by the second half of the eighth century b.c.e., and
9
33 We follow BHS, but according to Childs, in the Ben Hayim text, v. 13 contains the longer
form (Assyrian Crisis, 70 n. 3). 34 The statistics are from Abraham Even-Shoshan, ed., A New Concordance of the Bible: Thesaurus of the Language of the Bible; Hebrew and Aramaic; Roots, Words, Proper Names; Phrases and Synonyms (Jerusalem: Kiryat Sepher, 1993). Only those instances that refer to the Judean king Hezekiah are included. 35 Ziony Zevit, “A Chapter in the History of Israelite Personal Names,” BASOR 250 (1983): 13. 36 The form with the prefixed yod but without the final waw (hyqzxy) occurs only in Hos 1:1 and Mic 1:1, the superscriptions of the books named after the two prophets who are associated somehow with the northern kingdom. 37 For example, the orthography of the names of the Judean monarchs, e.g., Abijah, Ahaziah, Athaliah, Amaziah, Azariah, Uzziah, and Zedekiah, often alternate between hy- and why- endings. An exception is the name Josiah, which is consistently (fifty-two times) spelled why#)y in the Hebrew Bible.
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became dominant in the post-exilic period.38 Names ending in hy- may have increased in popularity in later periods, almost entirely replacing why- names. This seems to be supported by the fact that why- names are rare in the Elephantine papyri and the Samaria papyri, which date to the fifth and the fourth centuries b.c.e. respectively.39 Thus, we may associate names ending in hy- with the geographical or temporal environment in which the author of our passage was located. However, since the passage may have experienced textual revisions through generations, it is difficult to determine its origin. The only place where King Hezekiah’s name appears outside of the Hebrew Bible is in Sennacherib’s records, where the name is written in Akkadian as m.H}a-za-qi-a-ú or m.H}a-za-qí-a-a-ú, both reflecting the longer Hebrew form.40 At any rate, there is no persuasive evidence that the biblical passage examined here is quoted from an annalistic source.41 Whatever the reason for the shorter ending, it functions as a discourse device that marks this passage as a unit distinct from the following passages, that is, account B.
IV. Conclusions 2 Kings 18:13–16 can be viewed as a self-contained literary unit that is distinct from other material in the context. Though succinct, it is well organized as a discourse that recounts historical events. The narrative utilizes verbal forms that befit such a narrative. For a short summary of what happened, the narrator cites the words of Hezekiah but incorporates them in the narrative frame, quoting the speech in summary form marked by the quotation marker rm)l. Two major participants, Hezekiah and Sennacherib, are on center stage in the narrative. They are referred to in various ways in this short narrative, which reveals some attitudes of the narrator to these participants. The use of the distinct orthography for the name of the Judean king Hezekiah demonstrates the narrator’s strategy to secure the coherence of the discourse. 38 Zevit,
“Personal Names,” 13–14. Moore Cross, “Personal Names in the Samaria Papyri,” BASOR 344 (2006): 82. 40 Mayer, “Sennacherib’s Campaign,” 186–200. This spelling in the Assyrian records points to the why- ending, not the hy- ending conspicuously attested in 2 Kgs 18:13–16. Zevit points out that one attestation of the orthography H}a-za-qi-ia in the annals of Sennacherib is an indication that the hy- ending reached beyond the boundaries of Judah (“Personal Names,” 14). However, the longer ending of the name Hezekiah, reflecting the Hebrew why-, predominates in the Assyrian records. 41 Simon B. Parker concludes that “the evidence to date does not support claims that the authors of Kings used royal epigraphic monuments as sources for their history” (“Did the Author of the Books of Kings Make Use of Royal Inscriptions?” VT 50 [2000]: 375). 39 Frank
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Our passage is unique in the biblical narrative in that the events described in this narrative are recorded also in the Assyrian annalistic records. Thus, it is tempting to think that this material originates from an annalistic source equivalent to its Assyrian counterpart. However, the passage shows narrative skills that reveal the author’s attitude toward the two kings and the events involving them. Linguistically and stylistically, it shows typical Hebrew narrative features. Even if the passage had come from an annalistic source, the “copyist” was not faithful to the original source but allowed his or her own agenda to influence the wording of this short narrative. The strategy of participant reference also reveals that the narrator was not indifferent to the participants in the story. This analysis has shown that the passage without much literary artistry nevertheless betrays certain intentions of its author. Future studies in this vein may further illuminate ways to discern the ancient authors’ intentions in structuring the biblical narrative.
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