CHAPTER IX

THE BAN

Deut. vii.

As in the previous chapter we have had the Mosaic and Deuteronomic statement of the internal and spiritual means of defending the Israelite character and faith from the temptations which the conquest in Canaan would bring with it, in this we have strenuous provision made against the same evil by external means. The mind first was to be fortified against the temptation to fall away; then the external pressure from the example of the peoples they were to conquer was to be minimised by the practice of the ban. The first five verses, and the last two deal emphatically with that, as also does ver. 16, and what lies between is a statement of the grounds upon which a strict execution of this dreadful measure was demanded. These, as is usual in Deuteronomy, are dealt with somewhat discursively; but the command as to the ban, coming as it does at the beginning, middle, and end, gives this chapter unity, and suggests that it should be treated under this head as a whole. There are besides other passages which can most conveniently be discussed in connection with chapter vii. These are the historic statements as to the ban having been laid upon the cities of Sihon (Deut. ii. 34) and Og (Deut. iii. 6); the provision for the extirpation of idolatrous persons and communities169 (Deut. xiii. 15); and lastly, that portion of the law of war which treats of the variations in the execution of the ban which circumstances might demand (Deut. xx. 13-18). These passages, taken together, give an almost exhaustive statement in regard to the nature and limitations of the Cherem, or ban, in ancient Israel, a statement much more complete than is elsewhere to be found; and they consequently suggest, if they do not demand, a complete investigation of the whole matter.

It is quite clear that the Cherem, or ban, by which a person or thing, or even a whole people and their property, were devoted to a god, was not a specially Mosaic ordinance, for it is a custom known to many half-civilised and some highly civilised nations. In Livy's account of early Rome we read that Tarquinius, after defeating the Sabines, burned the spoils of the enemy in a huge heap, in accordance with a vow to Vulcan, made before advancing into the Sabine country. The same custom is alluded to in Vergil, Æn. viii. 562, and Cæsar, B.G. vi. 17, tells us a similar thing of the Gauls. The Mexican custom of sacrificing all prisoners of war to the god of war was of the same kind. But the most complete example of the ban in the Hebrew sense, occurring among a foreign people, is to be found in the Moabite stone which Mesha, king of Moab, erected in the ninth century B.C., i.e. in the days of Ahab. Of course Moab and Israel were related peoples, and it might in itself be possible that Moab during its subjection to Israel had adopted the ban from Israel. But that is highly improbable, considering how widespread this custom is, and how deeply its roots are fixed in human nature. Rather we should take the Moabite ban as an example of its usual form among the Semitic peoples. "And Chemosh said to me, Go, take Nebo against Israel. And I went by night and fought against it from the break of morn until noon, and took it and killed170 them all, seven thousand men and boys, and women and girls and maid-servants, for I had devoted it to 'Ashtor-Chemosh'; and I took thence the vessels" (so Renan) "of Yahweh, and I dragged them before Chemosh."⁵⁵⁵⁵Driver, Notes on Hebrew Text of the Books of Samuel, p. 101, note. The ordinary Semitic word for the ban is Cherem. It denotes a thing separated from or prohibited to common use, and no doubt it indicated originally merely that which was given over to the gods, separated for their exclusive use for ever. In this way it was distinguished from that which was "sanctified" to Yahweh, for that could be redeemed; devoted things could not.

In the ancient laws repeated in Lev. xxvii. 28, 29, two classes of devoted things seem to be referred to. First of all, we have the things which an individual may devote to God, "whether of man or beast, or of the field of his possession." The provision made in regard to them is that they shall not be sold or redeemed, but shall become in the highest degree sacred to Yahweh. Men so devoted, therefore, became perpetual slaves at the holy places, and other kinds of property fell to the priests. In the next verse, 29, we read, "None devoted which shall be devoted of" (i.e. from among) "men shall be ransomed; he shall surely be put to death," but that must refer to some other class of men devoted to Yahweh. It is inconceivable that in Israel individuals could at their own will devote slaves or children to death. Moreover, if every man devoted must be killed, the provision of Numb. xviii. 14, according to which everything devoted in Israel is to be Aaron's, could not be carried out. Further, there is a difference in expression in the two verses: in 28 we have things "devoted to Yahweh," in 29 we have simply men "devoted."⁵⁶⁵⁶Cf. Dillmann, Exodus and Leviticus, p. 634. There can be little doubt, therefore,171 that we have in ver. 29 the case of men condemned for some act for which the punishment prescribed by the law was the ban (as in Exod. xxii. 19, "He that sacrificeth unto any god save unto Yahweh only shall be put to the ban"), or which some legal tribunal considered worthy of that punishment. In such cases, the object of the ban being something offensive, something which called out the Divine wrath and abhorrence, this "devotion" to God meant utter destruction. Just as anathēma, a thing set up in a temple as a votive offering, became anathĕma, an accursed thing, and as sacer, originally meaning sacred, came to mean devoted to destruction, so Cherem, among the Semites, came to have the meaning of a thing devoted to destruction by the wrath of the national gods. From ancient days it had been in use, and in Israel it continued to be practised, but with a new moral and religious purpose which antiquity could know nothing of. No more conspicuous instance of that transformation of ancient customs of a doubtful or even evil kind by the spirit of the religion of Yahweh, which is one of the most remarkable characteristics of the history of Israel, can be conceived than this use of the ban for higher ends.

As the fundamental idea of the Cherem was the devoting of objects to a god, it is manifest that the whole inner significance of the institution would vary with the conception of the Deity. Among the worshippers of cruel and sanguinary gods, such as the gods of the heathen Semites were, the ends which this practice was used to promote would naturally be cruel and sanguinary. Moreover, where it was thought that the gods could be bought over by acceptable sacrifices, where they were conceived of as non-moral beings, whose reasons for favour or anger were equally capricious and unfathomable, it was inevitable that the Cherem should be mainly used to bribe these gods to favour and help their peoples. Where victory seemed172 easy and within the power of the nation, the spoil and the inhabitants of a conquered city or country would be taken by the conquerors for their own use. Where, on the other hand, victory was difficult and doubtful, an effort would be made to win the favour of the god, and wring success from him by promising him all the spoil. The slaughter of the captives would be considered the highest gratification such sanguinary gods could receive, while their pride would be held to be gratified by the utter destruction of the seat of the worship of other gods. Obviously it was in this way that the Gauls and Germans worked this institution; and the probability is that the heathen Semites would view the whole matter from an even lower standpoint. But to true worshippers of Yahweh such thoughts must have grown abhorrent. From the moment when their God became the centre and the norm of moral life to Israel, acts which had no scope but the gratification of a thirst for blood, or of a petty jealous pride, could not be thought acceptable to Him. Every institution and custom, therefore, which had no moral element in it, had either to be swept away, or moralised in the spirit of the purer faith. Now the ban was not abolished in Israel; but it was moralised, and turned into a potent and terrible weapon for the preservation and advancement of true religion.

By the Divine appointment the national life of Israel was bound up with the foundation and progress of true religion. It was in this people that the seeds of the highest religion were to be planted, and it was by means of it that all the nations of the earth were to be blessed. But as the chief means to this end was to be the higher ethical and religious character of the nation as such, the preservation of that from depravation and decay became the main anxiety of the prophets and priests and law-givers of Israel. Just as in modern days the preservation173 and defence of the State is reckoned in every country the supreme law which overrides every other consideration, so in Israel the preservation of the higher life was regarded. Rude and half-civilised as Israel was at the beginning of its career, the Divinely revealed religion had made men conscious of that which gave this people its unique value both to God and men. They recognised that its glory and strength lay in its thought of God, and in the character which this impressed upon the corporate life, as well as on the life of each individual. As we have seen, this bred in them a consciousness of a higher calling, of a higher obligation resting on them than upon others. They consequently felt the necessity of guarding their special character, and used the ban as their great weapon to ward off the contagion of evil, and to give this character room to develop itself. Its tremendous, even cruel, power was directed in Israel to this end; it was from this point of view alone that it had value in the eyes of the fully enlightened man of Israel. Stade in his history (vol. i., p. 490) holds that this distinction did not exist, that the Israelite view differed in little, if anything, from that of their heathen kinsmen, and that the ban resulted from a vow intended to gratify Yahweh and win His favour by giving Him the booty. But it is undeniable that in the earliest statement in regard to it (Exod. xx.) there is a distinct legislative provision that the ban should be proclaimed and executed irrespective of any vow; and in the later, but still early, notices of it in Joshua, Judges, and 1 Samuel the command to execute it comes in every case from Yahweh. In Deuteronomy, again, the ethical purpose of the ban is always insisted upon, most emphatically perhaps in chap. xx. 17 ff., where the Cherem is laid down as a regular practice in war against the heathen inhabitants of Canaan: "But thou shalt utterly destroy them, ... that they teach you not to do after all their174 abominations, which they have done unto their gods; so should ye sin against Yahweh your God." Whatever hints or appearances there may be in the Scripture narratives that the lower view still clung to some minds are not to be taken as indicating the normal and recognised view. They were, like much else of a similar kind, mere survivals, becoming more and more shadowy as the history advances, and at last entirely vanishing away. The new and higher thought which Moses planted was the rising and prevailing element in the Israelite consciousness. The lower thought was a decaying reminiscence of the state of things which the Mosaic revelation had wounded to the death, but which was slow in dying.

In Israel, therefore, the ban was, on the principles of the higher religion, legitimate only where the object was to preserve that religion when gravely endangered. If any object could justify a measure so cruel and sweeping as the ban, this could, and this is the only ground upon which the Scriptures defend it. That the danger was grave and imminent, when Israel entered Canaan, cannot be doubted. As we have seen, the Israelite tribes were far from being of one blood or of one faith. There was a huge mixed multitude along with them; and even among those who had unquestioned title to be reckoned among Israelites, many were gross, carnal, and slavish in their conceptions of things. They had not learned thoroughly nor assimilated the lessons they had been taught. Only the elect among them had done that; and the danger from contact with races, superior in culture, and religiously not so far below the position occupied by the multitude of Israel, was extreme. The nation was born in a day, but it had been educated only for a generation; it was raw and ignorant in all that concerned the Yahwistic faith. In fact it was precisely in the condition in which spiritual disease could175 be most easily contracted and would be most deadly. The new religion had not been securely organised; the customs and habits of the people still needed to be moulded by it, and could not, consequently, act as the stay and support of religion as they did at later times. Further, the people were at the critical moment when they were passing from one stage of social life to another. At such moments there is immense danger to the health and character of a nation, for there is no unity of ideal present to every mind. That which they are moving away from has not ceased to exert its influence, and that to which they are moving has not asserted itself with all its power. At such crises in the career of peoples emerging from barbarism, even physical disease is apt to be deadlier and more prevalent than it is among either civilised or entirely savage men. The old Semitic heathenism had not been entirely overcome, and the new and higher religion had not succeeded in establishing full dominion. Contact with the Canaanites in almost any shape would under such circumstances be like the introduction of a contagious disease, and at almost any price it had to be avoided. The customs of the world at that time, and of the Semitic nations in particular, offered this terribly effective weapon of the "ban," and for this higher purpose it was accepted; and it was enforced with a stringency which nothing would justify short of the fact that life or death to the great hope of mankind was involved in it.

But it may be and should be asked, Would any circumstances justify Christian men, or a Christian nation, in entering upon a war of extermination now? and if not, how can a war of extermination against the Canaanities have been sanctioned by God? In answer to the first question, it must be said that, while circumstances can be conceived under which the extermination of a race would certainly be carried out by nations called Christian,176 it is hardly possible to imagine Christian men taking part in such a massacre. Even the supposed command of God could not induce them to do so.⁵⁷⁵⁷Mozley's Lectures on the Old Testament, p. 102. It would be so contrary to all that they have learned of God's will, both as regards themselves and others, that they would hesitate. Almost certainly they would decide that they were bound to be faithful to what God had revealed of Himself; they would feel that He could not wish to blunt their moral sense and undo what He had done for them, and they would put aside the command as a temptation. But the case with the Israelites was altogether different. The question is not, how could God destroy a whole people? Were it only that, there would be little difficulty. Everywhere in His action through nature God is ruthless enough against sin. Vice and sin are every day bringing men and women and innocent children to death, and to suffering worse than death. For that every believer in God holds the Divine law responsible. And when the Divine command was laid upon the Israelites to do, more speedily, and in a more awe-inspiring way, what Canaanite vices were already doing, there can be no difficulty except in so far as the effect upon the Israelites is concerned. It is by death, inflicted as the punishment of vice, and sparing neither woman nor child, that nations have, as a rule, been blotted out; and, except to the confused thinker, so far as the Divine action is concerned there is no difference between such cases and this of the Canaanites. The real question is, Can a living, personal God deliberately set to men a task which can only lower them in the scale of humanity—brutalise them, in fact? No, is of course the only possible answer; therefore a supposed Divine command coming to us to do such things would rightly be suspected. We could not, we177 feel sure, be called upon by God to slay the innocent with the guilty, to overwhelm in one common punishment individual beings who have each of them an inalienable claim to justice at our hands. But the Israelites had not and could not have the feeling we have on the subject. The feeling for the individual did not exist in early times. The clan, the tribe, the nation was everything, and the individual nothing. Consequently there was not existent in the world that keen feeling in regard to individual rights, which dominates us so completely that we can with difficulty conceive any other view. In this world the early Israelite scarcely perceived the individual man, and beyond this world he knew of no certain career for him. He consequently dealt with him only as part of his clan or tribe. His tribe suffered for him and he for his tribe, and in early penal law the two could hardly be separated. Indeed it may almost be said that, when the individual suffered for his own sin, the satisfaction felt by the wronged was rather due to the tribe having suffered so much loss in the individual's death than to the retribution which fell upon him. Moreover war was the constant employment of all, and death by violence the most common of all forms of death. Manners and feelings were both rude, and the pains as well as the pleasures of civilised and Christian men lay largely beyond their horizon. There was consequently no danger of doing violence to nobler feelings or of leaving a sting in the conscience by calling such men to such work. The stage of moral development they had reached did not forbid it, and the work therefore might be given them of God.

But the grounds for the action were immeasurably raised. Instead of being left on the heathen level, "the usage was utilised so as to harmonise with the principles of their religion, and to satisfy its needs. It became a mode of secluding and rendering harmless anything which peculiarly178 imperilled the religious life of either an individual or the community, such objects being withdrawn from society at large, and presented to the sanctuary, which had power, if needful, to authorise their destruction."⁵⁸⁵⁸Driver, Notes on the Hebrew Text of the Books of Samuel, p. 101. The Deuteronomic command is not given shamefacedly. The interests at stake are too great for that. Israel is utterly to smite the Canaanite nations, to put them to the ban, to make no covenant with them nor to intermarry with them. "Thus shall ye deal with them: ye shall break down their altars, and dash in pieces their obelisks, and hew down their Asherim, and burn their graven images with fire." There is a fierce, curt energy about the words which impresses the reader with the vigour needed to defend the true religion. The danger was seen to be great, and this tremendous weapon of the ban was to be wielded with unsparing rigour, if Israel was to be true to its highest call. "For," ver. 6 goes on to say, "thou art a holy people unto Yahweh thy God; Yahweh thy God hath chosen thee to be a peculiar people unto Himself, out of all peoples that are upon the face of the earth." They were the elect of God; they were a holy people, a people separated unto their God, and the Divine blessing was to come upon all nations through them if they remained true. Their separateness must therefore be maintained. As a people marked out by the love of God, they could not share in the common life of the world as it then was. They could not lift the Canaanites to their level by mingling with them. So they would only obscure, nay, in so far as this rigorous command was not carried out, they did all but fatally obscure, the higher elements of national and personal life which they had received. They were too recently converted to be the people of Yahweh, too weak in their own faith, to be able to do179 anything but stand in this austere and repellent attitude towards the world. Centuries passed before they could relax without danger. It may even be said that until the coming of our Lord they dared not take up any other than this separatist position, though as the ages passed and the prophetic influence grew, the yearning after a gathering in of the Gentiles, and the promise of it in the Messianic day, became more markedly prominent. Only when men could look forward to being made perfect in Jesus Christ did they receive the command to go unreservedly out into the world, for only then had they an anchor which no storm in the world could drag.

But we must be careful not to exaggerate the separation called for here. It does not authorise anything like the fierce, intolerant thirst for conquest and domination which was the very keynote of Islam.⁵⁸⁵⁸ In Deut. ii. 5, 6, 19, the lands of Edom, Moab, and Ammon are said to be Yahweh's gift to these peoples in the same way as Canaan was to Israel. Nor did the law ever authorise the bitter and contemptuous feeling with which Pharisaic Israelites often regarded all men beyond the pale of Judaism. There was no general prohibition against friendly intercourse with other peoples. It was against those only, whose presence in Canaan would have frustrated the establishment of the theocracy, and whose influence would have been destructive of it when established, that the "ban" was decreed. When war arose between Israel and cities farther off than those of Canaan, they were not to be put to the "ban." Though they were to be hardly treated according to our ideas, they were to suffer only the fate of cities stormed in those days, for the danger of corruption was proportionately diminished (Deut. xx. 17) by their distance. The right of other peoples to their lands was to be respected, and friendly intercourse180 might be entered on with them. But the right of Israel to the free and unhindered development to which it had been called by Yahweh was the supreme law. The suspicion of danger to that was to make things otherwise harmless, or even useful, to be abhorred. If men are to live nearer to God than others, they must sacrifice much to the higher call.

To press home this, to induce Israel to respond to this demand, to convince them anew of their obligation to go any length to keep their position as a people holy to Yahweh, our chapter urges a variety of reasons. The first (vv. 7-11) is that the history and grounds of their election exhibit the character of Yahweh in such a way as to heighten their sense of their privileges and the danger of losing them. He had chosen them, only because of His own love to them; and having chosen them and sworn to their fathers, He is true to His covenant. He brought them out of the house of bondage, and has led them until now. In Yahweh they had a spiritual ideal, whose characteristics were love and faithfulness. But though He loves He can be wrathful, and though He has made a covenant with Israel, it must be fulfilled in accordance with righteousness. In dealing with such a God they must beware of thinking that their election is irrespective of moral conditions, or that His love is mere good nature. He can and does smite the enemies of good, for anger is always possible where love is. It is only with good nature that anger is not compatible, just as warm and self-sacrificing affection also is. Those who turn away from Him, therefore, He requites immediately to their face, as surely as "He keepeth covenant and mercy with them that love Him and keep His commandments." All the blessed and intimate relations which He has opened up with them, and in which their safety and their glory lie, can be dissolved by sin. They are, therefore,181 to strike fiercely at temptation, to regard neither their own lives nor the lives of others when that has to be put out of the way, to smite and spare not, for the very love of God.

A second reason why they should obey the Divine commands, as in other matters, so in this terrible thing, is this. If they be willing and obedient, then God will bless them in temporal ways as well as with spiritual blessings. Even for their earthly prosperity a loyal attitude to Yahweh would prove decisive. "Thou shalt be blessed above all peoples; there shall not be a male or female barren among you, or among your cattle. And Yahweh will take away from thee all sickness, and He will put none of the evil diseases of Egypt which thou knowest upon thee; but will lay them upon all them that hate thee." The same promises are renewed in more detail and with greater emphasis in the speech contained in chapters xxviii. and xxix. There the significance of such a view, and the difficulties involved in it for us, will be fully discussed. Here it will be sufficient to note that the profit of obedience is brought in to induce Israel to enforce the "ban" most rigorously.

The last verses of our chapter, vv. 17-26, set before Israel a third incitement and encouragement. Yahweh, who had proved His might and His favour for them by His mighty deeds in Egypt, would be among them, to make them stronger than their mightiest foes (ver. 21): "Thou shalt not be affrighted at them, for Yahweh thy God is in the midst of thee, a great God and a terrible." The previous inducements to obey Yahweh their God and be true to Him were founded on His character and on His acts. He was merciful; but He could be terrible, and He would reward the faithful with prosperity. Now His people are encouraged to go forward because His presence will go with them. In the conflicts which182 obedience to Him would provoke, He would be with them to sustain them, whatever stress might come upon them. Step by step they would drive out those very peoples whom they had dreaded so when the spies brought back their report of the land. The terror of their God would fall upon all these nations. A great God and a terrible He would prove Himself to be, and with Him in their midst they might go forth boldly to execute the ban upon the Canaanites. The sins and vices of these peoples had brought this upon them; their horrible worship left an indelible stain wherever its shadow fell. Israel, led and directed by Yahweh Himself, was to fall upon them as the scourge of God.

Notwithstanding the Divine urgency, the command to destroy the Canaanites and their idols was not carried out. After a victory or two the enemy began to submit. Glad to be rid of the toils of war, Israel settled down among the people of the land. All central control would seem to have disappeared. The Canaanite worship and the Canaanite customs attracted and fascinated the people, and enemy after enemy broke in upon them and triumphed over them. The half-idolatrous masses were led away into depraved forms of worship, and for a time it looked as if the work of Moses would be utterly undone. Had the purer faith he taught them not been revived, Israel would probably not have survived the period of the Judges. As it was, they just survived; but by their lapse the leavening of the whole of the nation with the pure principles of Yahweh-worship had been stopped. Instead of being cured, the idolatrous inclinations they had brought with them from the pre-Mosaic time had been revived and strengthened. Multitudes, while calling Yahweh their God, had sunk almost to the Canaanite level in their worship, and during the whole period of their existence as a nation Israel as a whole never again183 rose clear of half-heathen conceptions of their God. The prophets taught and threatened them in vain, until at last ruin fell upon them and the Divine threats of punishment were fulfilled.