Commentary on Leviticus, Book · Chapter 27

Commentary on Leviticus · Book · Chapter 27

p. 563CHAP. XXVII.

Ver. 1. Verſe 1 AND the LORD ſpake unto Moſes, ſaying.] Some Religious People, it is poſſible, were touched with ſuch a ſenſe of what Moſeshad now delivered, in the foregoing Promiſes and Threats, that they thought of giving themſelves wholly unto God, or of vowing ſome of their Goods to him: and therefore he gives Moſes further Directions for the regulating of ſuch Vows.

Ver. 2. Verſe 2 Speak unto the Children of Iſrael, and ſay unto them, when a Man ſhall make a ſingular Vow.] And first, If any Man vowed himſelf, or his Children, wholly to the Service of God in the Tabernacle, he directs what was to be done in that caſe. Which he calls a ſingular, or extraordinary Vow; and by Philo is called foreign, the great Vow: it being a wonderful piece of Devotion (as the word japhli in the Hebrew imports) becauſe Men were deſirous to help God's Prieſts in the meaneſt Miniſtry; ſuch as bringing in Wood, carrying out Aſhes, ſweeping away the Duſt, and ſuch like.

The perſon ſhall be for the LORD, by thy eſtimation.] The meaning would have been more plain, if the words had been tranſlated juſt as they lie in the Hebrew, According to thy eſtimation, the perſon ſhall be for the LORD. For this immediately ſuggeſts to ones thoughts, That the Service of the Perſons themſelves thus devoted, was to be employed in the Tabernacle; but a value ſet upon them by the Prieſt, and that to be employed for the LORD, i. e. for holy uſes; for repairing the Sanctuary, ſuppoſe, or, any thing belonging to it. The reaſon why God would p. 564not accept the Perſons themſelves, as they deſired, but the value of them for his Service; ſeems to be becauſe there was a ſufficient number of Perſons peculiarly deſigned for all the Work of the Tabernacle; which he would not have incumbered by more Attendants there, than were needful.

Ver. 3. Verſe 3 And thy eſtimation ſhall be.] That the Prieſt might not either overvalue, or undervalue any Perſon; the Rates are here ſet down, which he ſhould demand for their Redemption.

Of the male from twenty years old, even unto ſixty years old.] For at Twenty years of Age (ſaith Procopius Gazaeus) Men begin to be fit for buſineſs, and continue ſo till ſixty; when it is time to leave it off.

Thy eſtimation ſhall be fifty ſhekels of ſilver.] That this one Rule ſhould ſerve for all Men, though of different qualities, Philo thinks was fit for ſeveral reaſons, which he gives in his Book of Special Laws. The principal is, becauſe God regarded only the Vow; the value of which was equal whoſoever made it, whether a great Man or a poor.

After the ſhekel of the Sanctuary.] See XXX Exod. 13.

Ver. 4. Verſe 4 And if it be a female, then thy eſtimation ſhall be thirty ſhekels.] Women could not be ſo ſerviceable as Men, and therefore were valued at a leſs rate: For all that they could do was to ſpin, or weave, or make Garments, or waſh for the Prieſts and Levites.

Ver. 5. Verſe 5 And if it be from five years old, even unto twenty years old.] It appears by this, that though a Child of five years old, could not make a Vow, yet his Parents might ſolemnly devote one of that Age to God; and it did oblige them to pay what is p. 565here required for the uſe of the Sanctuary.

Thy eſtimation ſhall be of the male twenty ſhekels, and for the female ten ſhekels.] Leſs is required than for thoſe above twenty; becauſe their Life was more uncertain; and they were leſs capable to do any Service, before they came to their full growth.

Ver. 6. Verſe 6 And if it be from a month old even unto five years old, &c.] Before a Child was a Month old, it ſeems it was not capable to be devoted to God; but then it might. And ſtill leſs was ſtill demanded, as the value of them; becauſe Children ſo ſmall were very weak and imperfect; and the price therefore ſet accordingly. But the words may be underſtood not of Children that were a Month old, but that were in the firſt Month of their Life: And Samuel we find was devoted to God before he was born.

Ver. 7. Verſe 7 And from ſixty years old and above, if it be a male, then thy eſtimation ſhall be fifteen ſhekels, &c.] They are valued much leſs after ſixty than before, (v. 3.) becauſe their Service then was little worth, and their Life likely to be ſhort.

And for a female ten ſhekels.] The Hebrews think it obſervable, that in their youth (v. 3, 4.) Males were valued almoſt double to Females: but now in old Age, they are made almoſt of equal value. For old Women continue very ſerviceable in many things, when old Men are not: whence they have a ſaying, An old Woman in an Houſe, is a Treaſure in an Houſe.

Ver. 8. Verſe 8 And if he be poorer then thy eſtimation.] If he be not able to pay, according to the forenamed Rates.

p. 566Then he ſhall preſent himſelf before the Priest.] Who was then in attendance at the Tabernacle: for he doth not ſpeak of the High-Prieſt, but of the lower.

And the Priest ſhall value him.] According to the beſt Information he could get of his Ability; as it here follows.

According to his ability that vowed, ſhall the Prieſt value him.] He was to examine his Condition; and accordingly ſet ſuch a Rate upon him as he might be able to pay, without undoing his Family.

Ver. 9. Verſe 9 And if it be a Beast.] Now he proceeds to the ſecond Caſe; which was when any Man vowed to give God a Beaſt, of ſome ſort or other.

Whereof men bring an offering unto the LORD.] And firſt he mentions clean Beaſts, ſuch as God accepted at his Altar; as theſe are explained by the oppoſite unclean Beast, v. 11.

All that any man gives of ſuch unto the LORD.] Whether to be ſacrificed, or not.

Shall be holy.] Set apart for God's Service, according to the nature of his Vow: to be offered at the Altar, if he ſo expreſſed it; or to be given to the Prieſts and Levites, if that was his deſire; or to be ſold for the ſervice of the Tabernable, if it was left at large.

Ver. 10. Verſe 10 He ſhall not alter it, nor change it.] Some think theſe words alter and change, are two Expreſſions of the ſame thing. But the firſt word may ſignifie, that he ſhould not alter it for any other Beaſt, or Thing; and the ſecond, that he ſhould not change it for any Beaſt of the ſame kind: but that very Beaſt, which was vowed, was to be given to the uſes intended; and no other accepted in its ſtead, though it were really better.

p. 567A good for a bad, or a bad for a good.] If Men had been left to their liberty, either to give unto God the Beaſt they had vowed, or another in its room, they might have given a bad inſtead of a good, as Maimonides obſerves, which had been a great profaneneſs. But ſuppoſing thoſe that were truly Religious, would have brought a good inſtead of a bad (that is, one much fatter, and more valuable) God would not ſuffer it; becauſe he would preſerve a Reverence to things once Conſecrated, which he would not ſhould return to common uſes, though a better thing was ſubſtituted in its room. If any Man did change what he had vowed, though it were for the better, he was to be beaten; as Maimonides ſaith in his Treatiſe on this ſubject, cap. 1.

And if he ſhall at all change Beast for Beast, then it and the exchange thereof ſhall be holy.] The Man was to be beaten, and both the one and the other Beaſt, was to become God's. Which the Jews underſtand thus, (as Maimonides tells us in the ſame Treatiſe) that if he changed the Beaſt he vowed, twice or thrice, nay, a thouſand times, they all became holy: and he was alſo to ſuffer the Puniſhment of ſtripes for every one of them.

Ver. 11. Verſe 11 But if it be an unclean Beast, of which they do not offer a Sacrifice unto the LORD.] Some comprehend under this, ſuch Beaſts, as though in themſelves clean, yet had ſome blemiſh in them, which rendred them unfit for Sacrifice. But as they could not be offered in Sacrifice, ſo one would think it was not lawful to vow them either to that, or any other holy uſe.

Then he ſhall preſent the Beaſt before the Prieſt.] That he might conſider the worth of it.

p. 568Ver. 12. Verſe 12 And the Prieſt ſhall value it, whether it be good or bad.] Of a great price or a ſmall. He was not allowed to exchange it for a clean Beaſt; both becauſe it was dedicated to God, and becauſe that exchange might have been a great damage to the Prieſt: many unclean Beaſts being of greater value than ſome clean; an Horſe or a Camel, for inſtance, of greater price than a Sheep, or a Goat.

As thou valuest it, who art the Prieſt, ſo ſhall it be.] He directs his ſpeech to the Prieſt, to awaken his Conſcience, to attend and make upright Judgment; becauſe that was to be the value of it, which the Prieſt determined it to be worth.

Ver. 13. Verſe 13 But if he will at all redeem it.] It was in the Man's choice; either to leave the Beaſt with the Prieſt, or to pay him the Money at which he had rated it.

Then he ſhall add a fifth part thereof, unto thy eſtimation.] If he choſe the latter, it was a ſign he thought it worth more, than the price which the Prieſt had ſet upon it: who could not underſtand the value of it, ſo well as himſelf. And every Man, as Maimonides obſerves (More Nevoch. P. III. cap. 46.) regarding his own advantage, and inclining naturally to ſave what he can; if a Beaſt were not rated at its juſt value, he that had vowed it would be diſpoſed rather to redeem the Beaſt, than let the Prieſt have it. Which is the reaſon that God orders, he ſhould in this caſe pay a fifth part more than the Prieſt ſet upon it, that he might be ſure to give the full value.

Both this, and the foregoing Law, was to preſerve that from being vile and cheap, which bare the Name of God (as he there ſpeaks) and was conſecrated to his uſes.

p. 569Ver. 14. Verſe 14 And when a man ſhall ſanctifie his houſe to be holy unto the LORD.] By vowing it to God's Service: for of ſuch ſanctifying he ſpeaks in this Chapter, and this is the third Caſe about Vows. Which commonly conſiſted in promiſing to God ſome part of their Eſtates; either to ſerve for Sacrifices, or to be kept for ſome Sacred uſes. Whence came thoſe vaſt Treaſures which were in the Houſe of God, mentioned 1 Chron. XXVI. 26, 27, 28. for they were chiefly Oblations of part of the Spoils taken from their Enemies, which David and Saul and Abner and Joab had dedicated: together with the Oblations of ſuch Perſons as Samuel the Seer, who is there ſaid to have dedicated a great deal to maintain the Houſe of the LORD.

Then the Prieſt ſhall eſtimate it, whether it be good or bad, &c.] He makes the ſame Law in this caſe, which he had done about unclean Beaſts; that the Prieſt ſhould conſider the worth of it, and accordingly ſet the price: having reſpect to the condition of the Houſe, whether it was great, or little, old or new, &c.

As the Prieſt ſhall eſtimate it, ſo ſhall it ſtand.] That was to be the fixed price; which no Man was to attempt to alter.

Ver. 15. Verſe 15 And if he that ſanctified it, will redeem his Houſe.] If he that vowed it to God, choſe afterward rather to pay the price himſelf, then part with the Houſe, he was to ſubmit to the Law made in the foregoing Caſe; which was, to add a fifth part to the Rate ſet upon it. For there was another reaſon why many might make this choiſe, (beſides that mentioned in Verſe 13.) becauſe if they did not redeem it, the Houſe could never return to them again; no, not at the Jubile. For it is probable, the Law concerning Lands (which immediately follows) was the Rule for p. 570Houſes alſo: which were valued according to their diſtance from the year of Jubile, at a higher or lower price, as Lands were, v. 18, 22, 23.

Then ſhall he add the fifth part of the money of thy eſtimation, and it ſhall be his.] He that gave us the Law (ſaith Maimonides in his Treatiſe on this Subject, cap. ult.) knows the most intimate ſenſe of all mens ſouls, and penetrates into the most ſecret receſſes, and lurking places of humane deſires: and he ſeeing that their love of riches would make them very ſaving; ſo that, if out of a religious motion they had conſecrated any thing to him, they would be prone to repent of it; he therefore ordained, that if any man had a mind to redeem what he had conſecrated, he ſhould add a fith part to its juſt value: that is, pay well for it.

Ver. 16. Verſe 16 And if a man ſhall ſanctifie unto the LORD.] By a Vow; after the ſame manner that ſome did a Houſe, v. 14.

Some part of a field.] This ſeems to ſignifie that it was not lawful for a Man to vow his whole Field; that is, all his Eſtate: becauſe God would have no Mans Family undone and made Beggars, to inrich his Sanctuary.

Of his poſſeſſion.] Not purchaſed by him, but deſcended to him as an Inheritance from his Anceſtors.

Then thy eſtimation ſhall be according to the ſeed thereof.] It ſhall be valued, according to the quantity of Seed which is required to ſow it.

An Omer of barley-ſeed ſhall be valued at fifty ſhekels of ſilver.] So much Land as an Omer of Barley would ſow, was to be rated at fifty Shekels. And ſo proportionably: ſo much as would take up two Omers at an hundred; or half an Omer at five and twenty. Menochius thinks it was to be rated at ſo much yearly; p. 571but there is not the leaſt intimation of this in the Text: and his only reaſon for it, is this of Abulenſis, That it would have been too little to give for a piece of Land to be held XLIX. years. See Lib. II. de Republ. Hebraeor. cap. 19. Queſt. 7. Which is of no force at all; for it is plain God deſigned a moderate Rate ſhould be ſet upon all things which Men vowed to him; where by Men were not diſcouraged to vow. And this yearly Rent had been exceſſive and oppreſſive: For a piece of Land, which an Omer of Barley (i. e. about a Pottle of our Meaſure) would ſow, could yield no great Crop, and conſequently could not be of a conſiderable value: Barley alſo being much cheaper than Wheat. Concerning an Omer ſee XVI Exod. 36.

Ver. 17. Verſe 17 If he ſanctifie his field from the year of jubile.] Make this Vow immediately after the Jubile, or in that year.

According to thy eſtimation.] Before-mentioned of fifty Shekels for an Omer of Barley.

It ſhall ſtand.] It ſhall be ſo rated; and nothing abated.

Ver. 18. Verſe 18 But if he ſanctifie his field after the jubile.] Some years after.

Then the Priest ſhall reckon unto him the Money according to the years that remain, even unto the year of jubile, &c.] The Prieſt was to compute how many years were gone ſince the laſt Jubile, and how many yet remained till the next: and accordingly to deduct from the rate of fifty ſhekels before-mentioned; either more or leſs, as the years yet to come were more or fewer.

p. 572Ver. 19. Verſe 19 If he that ſanctified the field will in any wiſe redeem it, then ſhall he add the fifth part, &c.] The very ſame Rule is given in this Caſe, as in thoſe of unclean Beaſts and Houſes, v. 13, 15.

Ver. 20. Verſe 20 And if he will not redeem the field.] When the Prieſt hath ſet hisvalue upon it, and tells him he may have it again at ſuch a rate, if he pleaſes; and he refuſes the offer.

Or if hehave ſold the field to another man.] That is, if the Prieſt upon his refuſal, have ſold it to another Man; and afterward he that vowed it hath a mind to it himſelf, and would give the price at which he might have had it.

It ſhall not be redeemed any more.] He was then excluded from all benefit of Redemption.

Ver. 21. Verſe 21 But the field when it goeth out in the jubile.] Out of the poſſeſſion of him to whom the Prieſt ſold it.

Shall be holy unto the LORD.] Shall not return to him that vowed it; but continue God's portion.

As a field devoted.] Being ſolemnly conſecrated to the Divine Service.

The poſſeſſion thereof ſhall be the Prieſts.] Who were to have the Inheritance of it for their better ſupport. But they might ſell it (Menochius thinks) nay, were bound to ſell it, to ſome of the Kindred of him that devoted it, or to ſome of his Tribe: For otherwiſe Lands would go out of the Tribe to which they belonged; and beſides, the Prieſts were to have no Inheritance in the Land, XVIII Numb. 20. See him Lib. II. de Republ. Hebr. cap. 19. and his Annotations upon this place. But theſe ſeem not to be ſolid Reaſons why the Prieſts ſhould not enjoy this Land p. 573themſelves. For though they were not to have any Inheritance in the Diviſion of the Land of Canaan, yet if any ſell to them by the means now mentioned, (which was but very ſeldom, ſince Men were very careful to preſerve their Inheritances) God doth here beſtow ſuch Land upon his Prieſts: who might poſſeſs it, if they pleaſed, becauſe they had it in God's right; or elſe ſell it, (v. 20.) and keep the Money to their own uſe.

Ver. 22. Verſe 22 And if a man ſanctifie unto the LORD a field which he hath bought.] And conſequently could enjoy only till the Year of Jubile; when it was to return to the Family of whom he purchaſed it.

Which is not of the fields of his poſſeſſion.] No part of his Paternal Inheritance, (as that mentioned v. 16.) but bought of the Prieſts, to whom it was faln by a Vow; or of him to whom the Prieſts had ſold it.

Ver. 23. Verſe 23 Then the Priest ſhall reckon unto him the worth of thy eſtimation.] Set a value upon it, according to his judgment.

Even unto the year of jubile.] With reſpect to the number of years, between the time of the Vow and the year of Jubile.

And he ſhall give thy eſtimation in that day.] Preſently pay the Price that the Prieſts hath ſet upon it, without the addition of the fifth part (as Menochius well obſerves in the place before-mentioned) which he who redeemed his Paternal Inheritance was bound to pay over and above the price at which the Prieſt eſteemed it, v. 19. For this was not ſo much worth as that, being but for a term of years till the Jubile.

p. 574As an holy thing unto the LORD.] As a thing devoted unto God, inſtead of the Land, which was redeemed with this Money.

Ver. 24. Verſe 24 In the year of jubile the field ſhall return unto him, of whom it was bought, &c.] Not unto him who bought the Field, and then vowed it to God; but unto the Hereditary Owner: which is the meaning of the next words, Even unto him to whom the poſſeſſion of the Land did belong.

Ver. 25. Verſe 25 All thy eſtimations ſhall be according to the ſhekel of the ſanctuary, &c.] Full weight, according to the Standard kept in the Sanctuary. See XXX Exod. 13. and XIX of this Book, v. 36.

Ver. 26. Verſe 26 Only the firſtling of the Beaſts, which ſhall be the LORD's firſtling, no man ſhall ſanctifie it.] By vowing it to be a whole Burnt-offering, or a Peace-offering unto the LORD, as Maimonides expounds it. The reaſon was, becauſe no Man could lawfully vow that, which was not his own, as the Firſtlings were not; they being the LORD's already, as it follows in the end of this Verſe.

The ſame Reaſon held (as Maimonides likewiſe obſerves) in all things belonging to God, as Tenths. Yet they deviſed ingeniouſly enough (as he ſpeaks) a way to give theſe Firſtlings to God by a new Obligation, and yet not offend, as they imagined, againſt this Law. For they interpret theſe words of Firſtlings already brought forth: No Man might ſanctifie ſuch, but while they were in the Womb, they might; ſaying, I vow that Lamb (ſuppoſe) which my Ewe goes with, to be a whole Burnt-offering to God, if it be a male. But they could not vow it for a Peace-offering, becauſe no Man could alter any thing for his own profit.

p. 575Whether it be ox, or ſheep.] Under theſe two are comprehended all other kind of Creatures, whoſe Firſtlings belonged to God.

It is the LORD's.] III Numb. 13. VIII. 17. For this reaſon no Man was to preſume to vow ſuch things: it being a kind of mockery to make a preſent of that to another, which was his own before. See Mr. Mede concerning this Verſe p. 512.

Ver. 27. Verſe 27 And if it be of an unclean beaſt.] Moſt underſtand this of the Firſtling of an unclean Beaſt. Againſt which there is this Objection, That ſuch things were before ordered to be redeemed, not with Money, but with a Lamb, XIII Exod. 13. Therefore it ſeems more reaſonable to underſtand this of the Firſtling of ſuch an unclean Beaſt, which a Man had redeemed, (v. 13.) but afterward devoted to God: which he might do; for, after the Redemption, it was become his own again.

Then he ſhall redeem it according to thy eſtimation.] At the rate thou ſhalt ſet upon it.

And ſhall add a fifth part of it thereto.] As was ordained before in the like caſe, v. 11.

Or if it be not redeemed, then it ſhall be ſold according to thy eſtimation.] Any other Man might buy it, at that rate the Prieſt had ſet upon it; and the Money was applyed to holy uſes.

Ver. 28. Verſe 28 Notwithſtanding, no devoted thing that a man ſhall devote unto the LORD.] Nothing that was devoted by that ſort of Vow, which was called Cherem (as the word is here in the Hebrew) with a Curſe (as the word implyes) upon themſelves and others, if the thing was not imployed according to their Vow.

p. 576Of all that he hath, both of man and beaſt, &c.] All manner of things which might be ſanctified to the LORD by the fore-mentioned ſimple Vow, might be thus devoted and conſecrated to him by a Cherem: i. e. Beaſts and Houſes and Lands, and even Men themſelves, as far as they had power over them. For that is meant by thoſe words, all that a man hath. See next Verſe.

Shall be ſold or redeemed.] For this was the peculiar nature of this ſort of Vow; that the things devoted by it, ſhould remain irreverſibly, and unalterably to the uſe unto which it was devoted: for the Perſon was accurſed, that applyed it to any other uſe than that to which it was conſecrated.

Every devoted thing.] Of this kind.

Is most holy to the LORD.] Other things devoted by a ſimple Vow were holy, v. 9, 10, &c. but theſe were most holy, ſo that none might touch them but the Prieſts: and they were ſo ſtrictly applyed to the Divine Service, that they could not be alienated, either by Sale, or Redemption, or Commutation, or Donation, or any other way. See Mede p. 160.

Ver. 29. Verſe 29 None devoted, which ſhall be devoted of men, ſhall be redeemed, but ſhall ſurely be put to death.] Some learned Men have, from theſe words, aſſerted, That Parents and Maſters among the Jews, had ſuch a power over their Children and Servants, that they might devote them to Death, and ſo kill them; only the Sentence of the Prieſt was to concur, to whom every devoted thing fell, as his portion. This is maintained by Ludov. Capellus, and confuted by Mr. Selden, Lib. IV. de Jure Nat. & Gent. juxta Diſciplin. Hebr. cap. 6. where he judiciouſly obſerves, That this Power would have too much intrenched upon the ſixth Commandment, if private Men might have, at their p. 577pleaſure, thus diſpoſed of their Children and Slaves. And in the next Chapter he explains the ſenſe of this Verſe; and proves indeed that there may be a Cherem (minhaadam) of men, or from among men, as well as of beaſts; but this word hath four ſeveral ſenſes among the Hebrews. First, It ſignifies the Sacred Gift it ſelf, which was devoted to God, or to holy Uſes; and ſo it ſignifies in the foregoing v. 28. Secondly, It ſignifies that which was devoted to Perdition and utter Deſtruction; either by the right of War, or upon the account of Capital Enmities: an Example of which we have in Jericho, VI Joſh. 17. where the whole City was a Cherem (devoted to Deſtruction) as a Puniſhment to their Enemies: yet ſo that the Metals were made a Cherem of the first ſort; that is, Sacred to the LORD and his Holy Uſes. And thus the great Sanhedrim (called in Scripture the whole Congregation) might devote thoſe to be a Cherem, who going to the Wars, did not obey orders, and perform the Charge laid upon them. An Example of which we have XXI Judg. 5. 1 Sam. XIV. 24. I omit the other two for brevities ſake, (of which there are Examples VI. Joſh. 26. X Ezra 8. XXIII Acts 12, 14, 21. See Selden. Ib. cap. 7. & 8.) becauſe the Cherem here mentioned by Moſes is of this ſecond ſort. For it is evident that the Cherem of the first ſort, mentioned v. 28. was of ſuch things, over which they had an intire power, to diſpoſe of them as they pleaſed. And therefore thoſe words, both of Man and Beast, the Hebrews underſtand of their Slaves, whether Men or Women (who were Canaanites or Gentiles, not others) who were in their power as much as their Beaſts, to give away, or to ſell. But to take away their Life, or to give them to be ſlain, was not in p. 578their power: but all the effect of this Cherem was, that the whole right which they had to the Service of ſuch Slaves, was transferred, by him that devoted them, to the Service of the Prieſts, and Sacred Uſes. See Selden in that Book, cap. 9. p. 518, &c. But though they might not devote their Servants to death, yet they might their Enemies, before they went out to war with them; and ſuch of their own People alſo as did not obſerve the Military Laws. An Example of which we have XXI Numb. 2. Upon which account alſo, the Inhabitants of Jabeſh Gilead were ſlain, XXI Judg. 9, 10. for violating the ſolemn publick Cherem, pronounced againſt thoſe that came not up to Mizpeh, v. 5. And this is the Cherem ſpoken of in this Verſe. See Selden cap. 10. For as for the Cherem whereby a Man was Excommunicated, it only loaded him with many Curſes, and made him execrable, ſo that no Man might come near him; but did not touch his Life, as he there ſhows, p. 520.

Ver. 30. Verſe 30 All the tithe of the Land, &c. is the LORD's.] By an ancient right before the Law of Moſes was delivered. For this is the firſt time we find any mention of a Law about Tithes: for which he giving no reaſon, it is a ſign this was a pious Uſage all the World over; and therefore being no new thing, but what all Nations practiſed, the Jews could not think it burdenſome to them; unleſs they would be wholly irreligious, and not acknowledge God to be the Author and Fountain of all the plenty and happineſs they enjoyed. Which was the intention of paying Tithes; as the Gentiles anciently did, and the Jews themſelves, after Victory over their Enemies. For which there being no Precept that appears, what can we think, but that natural Reaſon, and the common Cuſtom of p. 579Mankind (founded perhaps upon ſome direction given to our firſt Parents from above) taught them to make this Acknowledgment to God, as the Author of their Succeſſes and Safety, as well as of all Plenty and Proſperity. See XIV Gen. 19. and XXVIII. 22.

Whether of the ſeed of the Land, or of the fruit of the Trees.] By the ſeed of the Land is meant Corn (as Raſi expounds it) and by the fruit of the Trees Wine and Oil. For thus they are reckoned up in other places, XVIII Numb. 12. where he gives the Prieſts, the Firſt-fruits of the Wine and Oil and Wheat. And the like we read in XVIII Deut. 3, 4. and in XIV Deut. 23. they are commanded to eat before God, the tithe of their Corn, of their Wine, and their Oil. Under which laſt is comprehended the Fruit of all other Trees; as under the word Seed in this place, ſeems to be comprehended all manner of Herbs, as well as Corn. For ſo the Phariſees underſtood it; and our Saviour doth not diſallow it.

It is holy unto the LORD.] God having declared his right in the Tithe, in the beginning of the Verſe, here commands that it be reſerved to him as his portion. Which he afterward conferred and ſettled upon the Levites, by a ſpecial Donation, XVIII Numb. 21.

Ver. 31. Verſe 31 And if a man will at all redeem ought of his tithes, he ſhall add thereto the fifth part thereof.] Mr. Selden in his Hiſtory of Tithes, Chap. 2. ſpeaking of the ſecond Tithe mentioned XIV Deut. 23. which was to be ſpent at Jeruſalem (either in kind, or elſe if it were too far thither, by turning it into Money, and therewith to buy Proviſion to make Feaſts) ſaith, that to this Tithe do the Jews apply that of XXVII Lev. 30, 31. But for this he quotes only R. S. Jarchi: who, though he were a great Talmudist, yet muſt not p. 580be thought to underſtand the ſenſe of all their Doctors. Aben-Ezra it is plain (to name no more) takes it otherwiſe; making Moſes to ſpeak of ſuch a Tithe as Abraham gave Melchiſedeck, and Jacob vowed to God. Lyra, I might add, a converted Jew, agrees with him. And there is great reaſon for it; no ſuch thing as a ſecond Tithe being as yet ordained: and when they were commanded, and the changing of them into Money allowed, there is not a word ſaid of adding a fifth part, (See XIV Deut. 24, 25.) which is ſufficient to ſhow that Moſes, in theſe two Verſes, ſpeaks of the first Tithe, which was paid to the Levites, by a Law made ſome time after this; which transferred the right that God had in the Tithe of the Land, unto them. Which if any Man had a mind to redeem, and not pay it in kind, God allows him ſo to do; becauſe the Tithe was not more holy than things vowed to God, ſpoken of before: but then he was to do, as in the caſe of ſuch things, (v. 13.) add a fifth part, over and above, to what ſuch a portion of Tithe was eſteemed to be worth. The reaſon of which was, as Mr. Calvin well obſerves, not that the Prieſt ſhould get more than his due by the Man who deſired to redeem his Tithe; but that the Man might not make a gain of the Prieſt. For it is ſeldom ſeen that a Husbandman deſires to pay Money, rather than his Tithe; unleſs he propound ſome conſiderable advantage to himſelf.

Ver. 32. Verſe 32 And concerning the tithe of the Herd and of the Flock.] Every one knows that by the Tithe of the Herd here is meant Calves, and by the Flock is to be underſtood Lambs and Kids, I Lev. 2. For this was the Tithe of thoſe young ones that were brought forth that year; the ſame Cattle not being again tithed p. 581every year. And he ſpeaks of clean Beaſts, which were allowed in Sacrifice; for Tithe was not paid of other Beaſts; but their firſt-born only was the LORD's. This Tithe was paid to God every year, as an Euchariſtical Sacrifice, for all the Benefits they received from God by their Cattle.

Even of whatſoever paſſeth under the rod.] This expreſſes the manner of this Tithing; which, if we will believe the Jews, was thus: They were all brought into a Sheep-cote, (ſaith Maimonides in his Treatiſe of Firſtborn, cap. 7. in the beginning) in which there was but one Gate or Door, and that ſo narrow, as to ſuffer no more than one to come out at once. Their Dams being placed without, and the Gate opened, the young ones were invited by their Bleatings, to preſs to get out to them: and as they paſſed by, one by one, a Man who ſtood at the Gate with a Rod, coloured with Oker, told them in order, and when the Tenth came out, whether it was Male or Female, ſound or not, he markt it with his Rod, and ſaid, Let this be holy in the name of the Tenth. And this account R. Solomon, and others, give of this matter: of which Notion they are ſo fond, that R. Bechai (upon XVII Numb.) makes Jacob (who vowed Tithe of all that God ſhould give him) to have decimated his Children on this manner, beginning at Benjamin, and ſtopping at Levi, who was the Tenth, according to that reckoning: and hath ſome pretty conceits about it. But Bochartus thinks Moſes doth not ſpeak here of the Rod of the Tithes, but of the Shepherd's Crook; and ſo doth Aben-Ezra, the Syriack and the Vulgar: For the Flock paſſed under his Rod, as oft as he numbred them: which was every Morning and Evening (if he was a good Shepherd) p. 582eſpecially in the Evening. See Hierozoicon P. I. Lib. II. cap. 44. p. 499. Of this Jeremiah ſpeaks XXXIII. 13. and Ezekiel alludes to it, when he ſaith XX. 37. I will cauſe you to paſs under the Rod. Where Kimchi notes it is the ſame Phraſe with this in Leviticus, and as much as to ſay, As he that telleth his Sheep holdeth a Rod in his hand, and telleth them one by one, and brings out the Tenth for the Tithe, ſo will I number you; and the ſinners ſhall periſh, &c.

The tenth ſhall be holy unto the LORD.] That is, ſaith Maimonides (in his forenamed Treatiſe called Bechoroth) the Fat and the Blood of them was offered at the Altar; and then the Owners eat the Fleſh any where in Jeruſalem, as they did the leſſer holy things. For the Prieſts had no portion of them, but all belonged to the Owner; as did the Paſchal Lamb. If there was any Blemiſh in them, whether before or after the Tithing, then they might be eaten in any place. And ſo Bartenora (as Dr. Owtram obſerves, Lib. I. de Sacrificiis, cap. 11.) we do not find in the whole Law, that any part of theſe Tenths was given to the Prieſts. So a great many other of their Doctors, who obſerve that Moſes doth not reckon theſe among the XXIV. Gifts (for ſo many they make the whole number of them) which were beſtowed upon the Prieſthood. But, as there is nothing elſe in Scripture to warrant this, which no where preſcribes how theſe Tenths ſhould be imployed, but only declares that they are holy to the LORD; ſo this very Phraſe, I ſhould think, ſufficiently ſignifies that they belonged to the LORD's Miniſters. And if not intirely to the Prieſts, much leſs intirely to the Owners of them (before they were the LORD's) but if they were to eat them at Jeruſalem, as the Jews imagine, the Levites p. 583ſure were to have their ſhare, and the Stranger and other poor People: as they were to have in their ſecond Tithe of Corn, wherewith they made Feaſts there, XIV Deut. 27, 28, 29.

Ver. 33. Verſe 33 He ſhall not ſearch whether it be good or bad, neither ſhall he change it.] It is not eaſie to give an account why God required ſo punctually the tenth Calf, Goat or Lamb, that though it were never ſo lean, or blemiſhed, he would not ſuffer it to be exchanged for a better; unleſs it were to avoid all Diſputes, Strife and Contention. There are thoſe indeed that think the reaſon was, becauſe in thoſe Ages, this was lookt upon as ſo Sacred a Number, that it myſtically denoted God: whoſe Divine Perfections, Providence, and Bounty, they were thought to acknowledge, who gave the Tenth to him; which was not to be altered and changed, no more than he himſelf can be.

If he change it at all, then both ſhall be holy.] As it was in Beaſts vowed to God, v. 9, 10.

It ſhall not be redeemed.] Nor might they ſell it; no more than ſuffer it to be redeemed. If they did, he that ſold it or bought it, got nothing (as Maimonides ſpeaks) and beſides, the ſeller was to be ſcourged, as he that ſold the Cherems given to the Prieſt, v. 28. Bechoroth cap. 6. ſect. 5.

Ver. 34. Verſe 34 Theſe are the Commandments which the LORD commanded Moſes, for the Children of Iſrael, in Mount Sinai.] That is, theſe moreover were added to the foregoing Commandments, before they removed from the Wilderneſs of Mount Sinai. See XXV. 1. XXVI. ult. For having ſaid before in the Concluſion of the foregoing Chapter, Theſe are the Statutes, and Judgments, and Laws which the LORD p. 584made, &c. which reſpect all that proceeded in this Book; the Commandments here ſpoken of can relate to nothing more, but the Laws delivered in this Chapter about Vows, and devoted Things, and Tithes.

Which Laws ought not to be paſſed over, without ſerious conſideration how far we may be concerned in them. And therefore to make what I have noted about them, more uſeful to us in theſe days, I deſire the Reader to obſerve, That the very ſame pious Inclinations have ever been in all good Chriſtians, which Moſes here ſuppoſes (in the former part of this Chapter) would be in the Jews, to devote ſome part of their Goods, their Houſes, or Lands to the Service of God: which became ſacred things, and were to be imployed to no other uſe but that. The very firſt Chriſtians had ſo much of this Spirit in them, that they ſold all their Poſſeſſions, and Goods, and let every one that needed have a ſhare of them (II Acts 45. IV. 35.) becauſe the whole number of Believers attended to nothing elſe, but the Service of Chriſt; and the Apoſtles alſo were to be furniſhed with means, to go and propagate the Goſpel in all the World. Where, as ſoon as the Chriſtian Religion prevailed in any place, immediately there were the like voluntary Oblations made, in ſuch a proportion, as ſerved not only for the ſupport of the Service of God in that Church, but helpt to maintain the Chriſtians at Jeruſalem, who had been brought low by parting with their Eſtates, to further the firſt preaching of the Goſpel. This we find in a great number of places: but it may ſuffice to ſay, that the Feaſts of Charity were maintained out of theſe Oblations.

p. 585By which it is apparent, that they took themſelves to have the very ſame Obligations upon them in this matter, which the Jews formerly had: and therefore it is no wonder that Tithes came in time to be devoted for the maintenance of God's Miniſters. For it is ſenſleſs to imagine that the Goſpel which conſtrained them to give up themſelves to God, ſhould not conſtrain them, with the ſame freedom of mind to give ſome of their Goods (as Moſes here ſuppoſes the Jews would do) for the maintenance of his Service. And it is as unreaſonable to think, it did not move them to give the Miniſters of God as honourable a maintenance, as had been allowed under the Law of Moſes.

Which required beſides the Tenth here mentioned, another Tithe of the remainder, to be ſpent in Sacrifices at Jeruſalem, of which the Levites had their ſhare, as I obſerved from XIV Deut. 22, 28. To which if we add the Firſt-born, with all Sin-offerings, and the Prieſts ſhare of Peace-offerings, and the Skins of the Sacrifices, (which alone made a good Revenue, as Philo obſerves) and likewiſe all ſuch Conſecrations as are mentioned in this Chapter, the Levites Cities and Suburbs; it will eaſily appear it could not be ſo little as a fifth part of the Fruit of the Land which came to their ſhare.

Now the reaſon we find no ſuch certain Rate determined by the Goſpel, as was by this Law, is becauſe there was no need of it. And for the ſame reaſon there was none, for a good while, ſettled by the Church: all the Revenues belonging to it, which ſerved for all ſort of pious uſes, ariſing from the Devotion and Oblations of the People, which were more then enough for God's Service. This p. 586was viſible in the beginning of our Religion, when the firſt Chriſtians far out-did any thing that had been done under the Law. And they could not imagine, that they who ſucceeded them would fall ſo ſhort as not to offer ſufficient for God's Service; though not ſo much as they had done, becauſe there could not be the ſame neceſſity. And ſo Mr. Selden himſelf obſerves, that this reaſon is given by Agobardus why nothing was decreed in Councils, or publickly promulgated by the Fathers in the firſt Ages, concerning giving of their Goods, and adorning Churches, becauſe there was no neceſſity of it; the Religious Devotion, and Love of Chriſtians to ſuch things ultro aeſtuante, being very fervent and abounding of its own accord.

And when Love began to wax cold, ſo that they found it needful to make Laws about ſuch things, they could not think fit to order leſs for the ſettled Maintenance of God's Service then the Tenth, (beſides all voluntary Oblations) which had been the part moſt eminently limited under the Law of Nature, long before the Law of Moſes. See Irenaeus Lib. IV. cap. 34. where, he ſaith, Chriſtians, having greater hopes, could not give leſs then they did in former times, when their hope was lower.

I ſhall add but one Obſervation more, from an excellent Perſon of our own Church (Mr. Thorndike in his Rights of the Church, &c. p. 219.) that as all ſuch Conſecrations, as here are mentioned by Moſes, tended to Communion with God, by the participation of Sacrifices offered to him; which were maintained by ſuch Contributions: ſo whatſoever is devoted by Chriſtians unto ſuch holy uſes, as to build and repair Churches, to maintain holy Aſſemblies, p. 587and to ſupport thoſe who miniſter God's Ordinances, or enable the Poor to attend upon them, hath the like intention; to obtain an intereſt in the Sacrifice of Chriſt, repreſented in the Euchariſt; which is the chief part of the Service rendered to God in the Church. This is notably exemplified in the account which Tertullian gives of Marcion the Heretick, (Lib. de Praeſcriptionibus, cap. 30.) who when he firſt embraced the Faith of Chriſt, and was received into the Church, pecuniam Catholicae Eccleſiae contulit, contributed a Sum of Money to the Church: which Money, when he fell off from the Chriſtian Truth to his own Hereſie, was ſtreightway thrown out together with him. This both demonſtrates that they continued, in thoſe days, to bring Offerings into the Treaſury of the Church; and that the intention of them was, that they might have Communion with the Church in all its Services: for when Men fell off from Chriſtianity, they caſt out their Offerings, in token they had no Communion with them.

I end all with the words of Conradus Pellicanus upon the thirtieth Verſe of this Chapter: which will ſhow the ſenſe of the firſt Reformers in this matter. All the Tithe is the LORD's, and remains ſo for ever, &c. and therefore Tithes are to be paid by Divine and Natural Right; and religiouſly expended according to his appointment, &c. And if Tithes ſhould not be ſufficient for the maintenance of thoſe who ought to be ſuſtained in the Church, at the publick Charge; the Ninths or the Eights ought of neceſſity to be raiſed by the Judgment and Conſent of the Church. For the Law of Charity dictates this, and the excellent, irreprehenſible Ordinance of God. Which Charity binds p. 588more ſtrongly in the Evangelical Law, than in the Moſaical: inaſmuch as the Church ought to be more perfect than the Synagogue; and Charity than Fear.

The End of the Book of LEVITICƲS.