did scripturalization take place in second temple judaism?

18
This article was downloaded by: [78.97.212.254] On: 07 December 2014, At: 06:08 Publisher: Routledge Informa Ltd Registered in England and Wales Registered Number: 1072954 Registered office: Mortimer House, 37-41 Mortimer Street, London W1T 3JH, UK Scandinavian Journal of the Old Testament: An International Journal of Nordic Theology Publication details, including instructions for authors and subscription information: http://www.tandfonline.com/loi/sold20 Did “Scripturalization” Take Place in Second Temple Judaism? K.L. Noll a a Brandon University , 270- 18th Street, Brandon, MB, R7A 6A9, Canada Published online: 08 Dec 2011. To cite this article: K.L. Noll (2011) Did “Scripturalization” Take Place in Second Temple Judaism?, Scandinavian Journal of the Old Testament: An International Journal of Nordic Theology, 25:2, 201-216, DOI: 10.1080/09018328.2011.608541 To link to this article: http://dx.doi.org/10.1080/09018328.2011.608541 PLEASE SCROLL DOWN FOR ARTICLE Taylor & Francis makes every effort to ensure the accuracy of all the information (the “Content”) contained in the publications on our platform. However, Taylor & Francis, our agents, and our licensors make no representations or warranties whatsoever as to the accuracy, completeness, or suitability for any purpose of the Content. Any opinions and views expressed in this publication are the opinions and views of the authors, and are not the views of or endorsed by Taylor & Francis. The accuracy of the Content should not be relied upon and should be independently verified with primary sources of information. Taylor and Francis shall not be liable for any losses, actions, claims, proceedings, demands, costs, expenses, damages, and other liabilities whatsoever or howsoever caused arising directly or indirectly in connection with, in relation to or arising out of the use of the Content. This article may be used for research, teaching, and private study purposes. Any substantial or systematic reproduction, redistribution, reselling, loan, sub- licensing, systematic supply, or distribution in any form to anyone is expressly

Upload: sargon-sennacherib

Post on 22-Dec-2015

6 views

Category:

Documents


0 download

DESCRIPTION

K. L. Knoll

TRANSCRIPT

Page 1: Did Scripturalization take place in second temple judaism?

This article was downloaded by: [78.97.212.254]On: 07 December 2014, At: 06:08Publisher: RoutledgeInforma Ltd Registered in England and Wales Registered Number: 1072954Registered office: Mortimer House, 37-41 Mortimer Street, London W1T 3JH, UK

Scandinavian Journal of the OldTestament: An InternationalJournal of Nordic TheologyPublication details, including instructions for authors andsubscription information:http://www.tandfonline.com/loi/sold20

Did “Scripturalization” Take Placein Second Temple Judaism?K.L. Noll aa Brandon University , 270- 18th Street, Brandon, MB,R7A 6A9, CanadaPublished online: 08 Dec 2011.

To cite this article: K.L. Noll (2011) Did “Scripturalization” Take Place in Second TempleJudaism?, Scandinavian Journal of the Old Testament: An International Journal of NordicTheology, 25:2, 201-216, DOI: 10.1080/09018328.2011.608541

To link to this article: http://dx.doi.org/10.1080/09018328.2011.608541

PLEASE SCROLL DOWN FOR ARTICLE

Taylor & Francis makes every effort to ensure the accuracy of all the information(the “Content”) contained in the publications on our platform. However, Taylor& Francis, our agents, and our licensors make no representations or warrantieswhatsoever as to the accuracy, completeness, or suitability for any purposeof the Content. Any opinions and views expressed in this publication are theopinions and views of the authors, and are not the views of or endorsed byTaylor & Francis. The accuracy of the Content should not be relied upon andshould be independently verified with primary sources of information. Taylor andFrancis shall not be liable for any losses, actions, claims, proceedings, demands,costs, expenses, damages, and other liabilities whatsoever or howsoever causedarising directly or indirectly in connection with, in relation to or arising out of theuse of the Content.

This article may be used for research, teaching, and private study purposes.Any substantial or systematic reproduction, redistribution, reselling, loan, sub-licensing, systematic supply, or distribution in any form to anyone is expressly

Page 2: Did Scripturalization take place in second temple judaism?

forbidden. Terms & Conditions of access and use can be found at http://www.tandfonline.com/page/terms-and-conditions

Dow

nloa

ded

by [

78.9

7.21

2.25

4] a

t 06:

08 0

7 D

ecem

ber

2014

Page 3: Did Scripturalization take place in second temple judaism?

Scandinavian Journal of the Old Testament

Vol. 25, No. 2, 201-216, 2011

© Taylor & Francis‟ 2011 10.1080/09018328.2011.608541

Did “Scripturalization” Take Place in Second

Temple Judaism?

K.L. Noll Brandon University, 270- 18th Street, Brandon, MB R7A 6A9 Canada

Email: [email protected]

ABSTRACT: Endemic to biblical scholarship is the presumption that the

documents later included in Tanak were widely disseminated among Jews in

Second Temple times. Given the largely illiterate population of those centu-

ries, it remains an open question as to how such dissemination could have

taken place. Using recent research from cognitive studies and social anthro-

pology as a model for the discussion, this paper reexamines the ancient data

and argues that neither the scrolls nor the content of the scrolls had been dis-

seminated prior to the Hellenistic era. From Ptolemaic times into the early

Hasmonean period, some limited dissemination of texts began, but wide-

spread Jewish familiarity with themes, tales, and poetry we know as „biblical‟

emerged only gradually from Hasmonean to Roman times.

During the annual meeting of the Society of Biblical Literature in November

2010, several researchers addressed the question in my title.1 Although the

four of us arrived at a general consensus that, I believe, genuinely surprised

all participants, substantial differences remained. In particular, a number of

participants, both at the podium and during the open forum that followed

formal presentation of papers, continued to make unfounded assumptions

about the historical processes taking place during the late Iron Age and the

Persian era. For that reason, I have decided to publish my contribution to that

day‟s lively discussion, because this essay stresses aspects of our guild‟s

study in which, I believe, seriously flawed presuppositions continue to guide

mainstream research.

1. The session was sponsored by the group, “Orality, Textuality, and the Formation

of the Hebrew Bible,” at the annual meeting of the Society of Biblical Literature,

November 21, 2010, with Jon Berquist, presiding. Participants included William

Schniedewind, “Nascent Scripturalization in the Neo-Assyrian Period;” James W.

Watts, “The Scripturalization of Torah in the Persian Period;” Charlotte Hempel,

“The Social Matrix that Gave Rise to the Hebrew Bible and the Scrolls;” and, of

course, the essay you are now reading. I thank the organizers of this forum, especial-

ly David M. Carr, for honoring me with an invitation to participate on a panel of such

distinguished scholars.

Dow

nloa

ded

by [

78.9

7.21

2.25

4] a

t 06:

08 0

7 D

ecem

ber

2014

Page 4: Did Scripturalization take place in second temple judaism?

202 K.L. Noll

Did “scripturalization” take place in Second Temple Judaism? The short

answer to this question is yes but—it was late to develop, and not at all wide-

spread. The longer answer requires careful definition of two key terms.

First, there is the term “Second Temple.” This does not name any specific

Persian-period building. The archaeological data are clear. Persian Jerusalem

was not inhabited prior to the mid-fifth century.2 Moreover, any temple in

Jerusalem was certainly not “the” Second Temple. We have evidence for at

least two other Yahweh temples in Persian Palestine, one at Khirbet el-Qom

and another at Gerizim.3 In fact, Gerizim was a major Yahweh cult center at

least as long as any Persian-era Jerusalem Temple. Also, the Elephantine

community does not betray any awareness of a special status for Jerusalem.4

2. For recent discussion and useful bibliography, see Oded Lipschits and Oren Tal,

“The Settlement Archaeology of the Province of Judah: A Case Study,” in Judah and

the Judeans in the Fourth Century B.C.E. (eds. O. Lipschits, G. N. Knoppers, and R.

Albertz; Winona Lake: Eisenbrauns, 2007), pp. 33-52. See also, Oded Lipschits,

“Achaemenid Imperial Policy, Settlement Processes in Palestine, and the Status of

Jerusalem in the Middle of the Fifth Century B.C.E.,” in Judah and the Judeans in

the Persian Period (eds. O. Lipschits and M. Oeming; Winona Lake: Eisenbrauns,

2006), pp. 19-52; idem, The Fall and Rise of Jerusalem: Judah under Babylonian

Rule (Winona Lake: Eisenbrauns, 2005); idem, “Demographic Changes in Judah

between the Seventh and Fifth Centuries B.C.E.,” in Judah and the Judeans in the

Neo-Babylonian Period (eds. O. Lipschits and J. Blenkinsopp; Winona Lake: Eisen-

brauns, 2004), pp. 323-76. See also David Ussishkin, “The Borders and De Facto

Size of Jerusalem in the Persian Period,” in Judah and the Judeans in the Persian

Period, pp. 147-66.

3. For the Khirbet el-Qom temple, see André Lemaire, “New Aramaic Ostraca from

Idumea and their Historical Interpretation,” in Judah and the Judeans in the Persian

Period, pp. 413-56 (especially pp. 416-17). For Mount Gerizim‟s temple, see Yitzhak

Magen, “The Dating of the First Phase of the Samaritan Temple on Mount Gerizim

in Light of the Archaeological Evidence,” in Judah and the Judeans in the Fourth

Century B.C.E., pp. 157-211. If one were to interpret these temples as subordinate in

some sense to Jerusalem (in spite of the possible non-existence of a Jerusalem temple

prior to about the 410s BCE), one‟s hypothesis runs aground on the fact that Persian

imperial policy is unlikely to have favored the claim that one Yahweh temple wields

hegemony over other geographical regions. See, for example, Amélie Kuhrt, “The

Problem of Achaemenid „Religious Policy,‟” in Die Welt der Götterbilder (eds. B.

Groneberg and H. Spieckermann; Berlin: de Gruyter, 2007), pp. 117-42; Lester L.

Grabbe, “The Law of Moses in the Ezra Tradition: More Virtual that Real?” in Per-

sia and Torah: The Theory of Imperial Authorization of the Pentateuch (ed. J. W.

Watts; Atlanta: Society of Biblical Literature, 2001), pp. 91-113; Donald B. Redford,

“The So-Called „Codification‟ of Egyptian Law under Darius I,” in Persia and To-

rah, pp. 135-59.

4 Bezalel Porten in collaboration with Jonas C. Greenfield, Jews of Elephantine and

Arameans of Syene (Fifth Century B.C.E.): Fifty Aramaic Texts with Hebrew and

English Translations (Jerusalem: Hebrew University, 1974), pp. 75-102; James M.

Lindenberger, Ancient Aramaic and Hebrew Letters (Second edition; Atlanta: Socie-

ty of Biblical Literature, 2003), pp. 61-79. Reinhard Kratz correctly observes that

Elephantine has more in common with living Judeans of the Persian era than does the

Dow

nloa

ded

by [

78.9

7.21

2.25

4] a

t 06:

08 0

7 D

ecem

ber

2014

Page 5: Did Scripturalization take place in second temple judaism?

Did “Scripturalization” Take Place 203

Given available evidence, I now abandon my previous hypothesis that

Deuteronomy 12 and related texts date as early as the Persian era.5 Prior to

the Hasmoneans, it is unlikely that either Gerizim or Jerusalem defended its

sacred status by appealing to a text that declared Yahweh had chosen a single

place for his name to dwell. Many researchers believe that the origins of a

distinct Samaritan religious sect emerged only after the collapse of the Geri-

zim Temple, circa 110 BCE.6 It is a matter of debate whether the two temples

were in dialogue with a shared set of texts (i.e., the proto-Samaritan Torah, as

evidenced among the Dead Sea Scrolls) prior to the destruction of Gerizim,

but any shared texts were known only to a small circle of priests or scribes, as

will be clear from the following discussion. And it does not surprise me when

redaction critics relegate most of Nehemiah‟s Memoir and the book of Ezra

to Hellenistic, even late Hellenistic, times.7

literary portrait of “Israel” in biblical narratives. “The Bible is the exception, not Ele-

phantine,” writes Kratz, in “The Second Temple of Jeb and of Jerusalem,” in Judah

and the Judeans in the Persian Period, pp. 247-64 (quotation p. 248).

5. I have held that thesis since the mid-1990s, and it was reiterated most recently in

K. L. Noll, “Deuteronomistic History or Deuteronomic Debate? (A Thought Experi-

ment),” Journal for the Study of the Old Testament 31 (2007), pp. 311-45 (327-33).

6. That the schism between Judeans and Samaritans was very late seems certain from

the data. For example, the Wadi ed-Daliyeh papyri do not suggest any sectarianism

and the proto-Samaritan Torah texts among the Qumran manuscripts suggest that no

break took place until well into the second century BCE. See also the bibliography of

earlier scholarship in Christophe Nihan, “The Torah between Samaria and Judah:

Shechem and Gerizim in Deuteronomy and Joshua,” in The Pentateuch as Torah:

New Models for Understanding its Promulgation and Acceptance (eds. G. N. Knop-

pers and B. M. Levison; Winona Lake: Eisenbrauns, 2007), pp. 187-223 (p. 190, n.

9). Compare Nihan‟s stimulating essay to that of Nadav Na‟aman, “The Law of the

Altar in Deuteronomy and the Cultic Site Near Shechem,” in Rethinking the Founda-

tions: Historiography in the Ancient World and in the Bible (Essays in Honour of

John Van Seters) (Eds. S. L. McKenzie and T. Römer; Berlin: Walter de Gruyter,

2000), pp. 141-162.

7. It is no surprise that researchers are unable to agree on how to carve up the litera-

ture into layers or stages of composition, but the consensus rightly rejects the alle-

gedly official documents as authentic to the Persian era, and many have, for various

reasons, brought significant portions of Ezra and Nehemiah into the Hellenistic pe-

riod. Among the many studies, these several recent publications are particularly in-

teresting: Lester L. Grabbe, “The „Persian Documents‟ in the Book of Ezra: Are

They Authentic?” in Judah and the Judeans in the Persian Period, pp. 531-70; Rein-

hard Kratz, “The Second Temple of Jeb and of Jerusalem,” in Judah and the Judeans

in the Persian Period, pp. 247-64; Sebastian Grätz, “Die aramäische Chronik des

Esrabuches und die Rolle der Ältesten in Esr 5-6,” Zeitschrift für die alttestamen-

tliche Wissenschaft 118 (2006), pp. 405-22; Jacob L. Wright, Rebuilding Identity:

The Nehemiah-Memoir and its Earliest Readers (Berlin: de Gruyter, 2004); idem, “A

New Model for the Composition of Ezra-Nehemiah,” in Judah and the Judeans in

the Persian Period, pp. 333-48; Diana V. Edelman, The Origins of the Second Tem-

ple: Persian Imperial Policy and the Rebuilding of Jerusalem (London: Equinox,

2005).

Dow

nloa

ded

by [

78.9

7.21

2.25

4] a

t 06:

08 0

7 D

ecem

ber

2014

Page 6: Did Scripturalization take place in second temple judaism?

204 K.L. Noll

In my view, “the” Second Temple is a term that designates the Jerusalem

Temple only from the Hasmonean era, even though a Jerusalem Temple

existed earlier.

The second preliminary question of definition is this: What does scriptura-

lization mean? Researchers who use this word often confuse rather than

clarify. For example, Judith Newman presumes that Hebrew scrolls enjoyed

religiously authoritative status already by the Persian period. Then Newman

defines “scripturalization” as scribal re-use of these so-called “scriptures.”8 In

my view, by defining her terms this way, Newman begs her own question.9

Moreover, Newman is content to identify scripturalization with scribal re-use,

but this is a scribal activity that was common throughout the ancient world.

As David Carr and Thomas Thompson have both stressed, scribes routinely

made creative re-use of pre-existing literature.10

The Hebrew scrolls are

chock full of such re-use. Consider Psalm 20‟s re-use of a Canaanite hymn

attested in Papyrus Amherst 63.11

Was that Canaanite hymn sacred scripture

for the Hebrew psalmist? I doubt it. Or consider the scribe who cited sepher

ha-yashar in several late biblical glosses. This scribe might have thought

sepher ha-yashar was sacred scripture, but how would we know this?

Another example: the Hasmonean-era scribes who created new Torah codes

from earlier Torah codes might have deemed their source-texts to be sacred

scripture.12

But Ezekiel‟s remark (in Ezek 20,25) about Torah statutes that

were not good gives one pause, does it not? Re-written Torah codes can

suggest attempts to replace, not supplement, earlier Torah codes. The mere

re-use of a text does not logically entail that the source-text was a sacred

scripture in the scribe‟s mind. It often implies the opposite. For example, the

Qur‟an re-uses Jewish and Christian traditions but wishes to replace, not

supplement, Jewish and Christian scriptures. And I have no doubt that the

Gospel of Luke was an attempt to replace, not supplement, the Gospel of

Mark (e.g., Luke 1,1-4).

8. Judith H. Newman, Praying by the Book: The Scripturalization of Prayer in

Second Temple Judaism (Atlanta: Scholars, 1999), pp. 11-13.

9. Newman begs her own question when she concludes that scribal re-use of Hebrew

literature demonstrates what she presumed at the start, namely that the source-texts

were sacred scriptures in religious communities. See Newman, Praying by the Book,

pp. 218-219; and see 102-108, 114-116, 201-218.

10. David M. Carr, Writing on the Tablet of the Heart: Origins of Scripture and Lite-

rature (Oxford: Oxford University Press, 2005), pp. 38-39, and passim; Thomas L.

Thompson, The Early History of the Israelite People from the Written and Archaeo-

logical Sources (Leiden: Brill, 1992), pp. 353-99.

11. For recent discussion and useful bibliography, see Ziony Zevit, The Religions of

Ancient Israel: A Synthesis of Parallactic Approaches (London: Continuum, 2001),

pp. 669-74.

12. Recent research has focused on this phenomenon. For example, see Sidnie White

Crawford, Rewriting Scripture in Second Temple Times (Grand Rapids: Eerdmans,

2008).

Dow

nloa

ded

by [

78.9

7.21

2.25

4] a

t 06:

08 0

7 D

ecem

ber

2014

Page 7: Did Scripturalization take place in second temple judaism?

Did “Scripturalization” Take Place 205

In my view, a proper definition of scripturalization avoids the suggestion

that later scribes venerated earlier texts as sacred authorities.13

Philip Davies

reminds us that scribes wrote for a living and for recreation, which means

that they often wrote literature that they did not believe.14

In Judah‟s sparsely

populated, illiterate agrarian society, the number of Hebrew-writing scribes in

any given human generation was tiny, perhaps only a handful of people.15

Ergo, a handful of people were producing, preserving, and transmitting a

wide variety of texts that clearly expressed variant religious viewpoints. The

implication is clear. A scribe may have regarded his source-text as religiously

useful, but in all probability, he did not.16

His source-text was, quite simply, a

text—one text that happened to be available for manipulation in the routine

ways that scribes were inclined to manipulate their texts. This scribal activity

has nothing to do with scripturalization.

In the 1990s, I introduced a research method that stresses an ancient read-

er‟s idea and not a scribe‟s activity.17

If this approach is applied to the ques-

tion asked by our seminar, “scripturalization” is best defined as the ancient

reader‟s idea that a text has moved beyond the status of religiously useful and

has reached the status of religiously authoritative. When this idea has repli-

cated in a critical mass of human brains so that it leaves a measurable level of

archaeological and textual evidence, then we can say that scripturalization

13. I am in sympathy with the cautious remarks made by James W. Watts with re-

spect to “scripturalization” as a matter of social function during his oral presentation

titled, “The Scripturalization of Torah in the Persian Period.” During that presenta-

tion, Watts stressed that the content of a text does not determine its status as scrip-

ture, but the use of the text does. He identified three dimensions of this process: the

transformation of the physical scroll into an icon, the ritualized reading of the text,

and the ritualized teaching of the text‟s content. As will be seen in my discussion, the

data for such uses triangulates on the late Hellenistic and early Roman periods, thus

undermining the thesis Watts had hoped to advance, namely that this process was

well underway by the fifth century BCE. A modified version of the paper by James

W. Watts will appear under the title, “Using Ezra‟s Time as a Methodological Pivot

for Understanding the Rhetoric and Functions of the Pentateuch” (in press). I wish to

thank Dr. Watts for making a copy of this modified version available to me prior to

publication.

14. Philip R. Davies, “The Jewish Scriptural Canon in Cultural Perspective,” in The

Canon Debate (Peabody, MA: Hendrickson, 2002), pp 36-52.

15. Illiteracy remained the norm well into the early medieval era, when the existence

of a sacred scripture eventually motivated rising literacy rates. For entry into this

complex discussion, see Catherine Hezser, Jewish Literacy in Roman Palestine

(Tübingen: Mohr-Siebeck, 2001).

16. This was my conclusion in Noll, “The Kaleidoscopic Nature of Divine Personali-

ty in the Hebrew Bible,” Biblical Interpretation: A Journal of Contemporary Ap-

proaches 9 (2001), pp. 1-24.

17. K. L. Noll, “Is There a Text in This Tradition? Readers‟ Response and the Tam-

ing of Samuel‟s God,” Journal for the Study of the Old Testament 83 (1999), pp. 31-

51.

Dow

nloa

ded

by [

78.9

7.21

2.25

4] a

t 06:

08 0

7 D

ecem

ber

2014

Page 8: Did Scripturalization take place in second temple judaism?

206 K.L. Noll

has begun. It is imperative to underline one significant implication of this

definition. On the one hand, scripturalization requires that the texts, or the

contents of the texts, have been disseminated to a wide population. On the

other hand, evidence for dissemination is not evidence for scripturalization.

Rather, evidence for dissemination is the necessary condition that precedes

any possibility of scripturalization.

Using this definition and its implication to survey the data, it is apparent

that all available evidence triangulate on the Hellenistic era. This essay is too

brief to detail the data, but consider a wide variety of recent research related

to the issue of when and how texts became both disseminated and religiously

authoritative in the minds of readers. First, Liz Fried has argued that, even if

a Persian emperor commissioned a Yehud Torah, such a text would not have

functioned as an authoritative legal code.18

Second, Karel van der Toorn and

I, independently of one another, concluded that the pre-Ptolemaic era did not

see dissemination of any Hebrew scrolls beyond a small group of scribes.19

Third, Reinhard Kratz has argued that the five books we now know as the

Torah of Moses enjoyed neither legal nor religious authority until after

Ptolemaic times.20

Fourth, Arie van der Kooij suggests that Jesus Ben Sira

was not yet dealing with something that Ben Sira could have conceptualized

18. Lisbeth Fried, “„You shall appoint judges‟: Ezra‟s Mission and the Rescript of

Artaxerxes,” in Persia and Torah, pp. 63-89 (83-84).

19. K. L. Noll, “Deuteronomistic History or Deuteronomic Debate?” pp. 311-45;

Karel van der Toon, Scribal Culture and the Making of the Hebrew Bible (Cam-

bridge: Harvard University Press, 2007). In his version of the hypothesis, Van der

Toorn identifies two stages for public dissemination. The first was a Persian-era dis-

semination of the Torah‟s content (not the texts), and the second was a Ptolemaic-era

dissemination of various texts. He has provided data to support the second of these

hypothetical stages, but not the first. See van der Toorn, Scribal Culture, pp. 23-25,

146-49, 248-62, and passim.

20. Reinhard Kratz, “Temple and Torah: Reflections on the Legal Status of the Pen-

tateuch between Elephantine and Qumran,” in The Pentateuch as Torah, pp. 77-103.

During the open forum of our seminar, Anneli Aejmelaeus took issue with

this point. She argued that the early Greek manuscripts of Torah suggest that the

scribes who produced these translations sought religious utility in the text; also, Aej-

melaeus is skeptical of the information about the motivations of elites for the transla-

tion of the Septuagint (LXX) in the Letter of Aristeas. I have no objection to either of

these two concerns. However, even if the Greek texts suggest religious utility as

Aejmelaeus suggests, they do not provide evidence for the texts‟ status as religious

authority among a critical mass of Jewish readers or hearers. That will require much

more than the evidence of scribal practice. Moreover, if the Letter of Aristeas sheds

no light on the process by which the Greek texts were produced (and there is, of

course, the problem of external control for this narrative), then we should refrain

from using the term “Septuagint (LXX),” for no evidence supports the hypothesis

that such a document ever existed. The earliest extant Greek manuscripts date to the

second century BCE, not the third, and do not support a hypothesis of an organized

production of a Greek translation of the Torah.

Dow

nloa

ded

by [

78.9

7.21

2.25

4] a

t 06:

08 0

7 D

ecem

ber

2014

Page 9: Did Scripturalization take place in second temple judaism?

Did “Scripturalization” Take Place 207

as authoritative Jewish scripture; that idea did not yet exist.21

Fifth, Martin

Jaffee notes that evidence for the functional application of written Torah texts

appears only toward the end of the Second Temple era.22

Sixth, Seth

Schwartz remarks on evidence for the lack of textual influence among Jews

even as late as Roman times.23

Seventh, James VanderKam and Eugene

Ulrich have demonstrated that the very word “Torah” was not yet associated

with any specific body of literature until after the Roman destruction of

Jerusalem.24

Eighth, we are all aware that any technological capacity for

widespread dissemination of literature among mostly illiterate people was

severely limited. We are also all aware that the one institution that could

begin to do this effectively—I refer of course to the synagogue—only begins

to emerge in Alexandria in the third century BCE.25

Ninth, in a prior publica-

tion, I have cited data that demonstrate an interesting phenomenon, namely

that no one really had a clear idea of how to render the old Hebrew scrolls

religiously authoritative even as late as Qumran and the early Christians.26

That is why this era is marked by the kind of experimentation one usually

associates with the formative period for an innovatively new movement. And,

tenth, my thesis could have predicted precisely what Julio Trebolle had, in

21. Arie van der Kooij, “Canonization of Ancient Hebrew Books and Hasmonean

Politics,” in The Biblical Canons (eds J.-M. Auwers and H. J. de Jonge; Leuven:

Leuven University Press, 2003), pp. 27-38.

22. Martin S. Jaffee, Torah in the Mouth: Writing and Oral Tradition in Palestinian

Judaism, 200 BCE-400 CE (New York: Oxford University Press, 2001), pp. 79-83,

cf. pp. 98, 124.

23. Seth Schwartz, Imperialism and Jewish Society, 200 B.C.E. to 640 C.E. (Prince-

ton: Princeton University Press, 2001), pp. 68-71 and passim. Schwartz characterizes

the “Torah” of the Roman era as “a series of negotiations between an authoritative

but opaque text and various sets of traditional but not fully authorized practice”

(p. 68).

24. James C. VanderKam, “Questions of Canon Viewed through the Dead Sea

Scrolls” in The Canon Debate (Peabody, MA: Hendrickson, 2002) pp. 91-109. Eu-

gene Ulrich, “The Dead Sea Scrolls and the Hebrew Scriptural Texts,” The Bible and

the Dead Sea Scrolls, vol. 1, Scripture and the Scrolls (ed. J. H. Charlesworth; Waco,

TX: Baylor University Press, 2006), pp. 77-99.

25. For recent discussion and bibliography on this era, see: D. Urman and P.V.M.

Flesher (eds.), Ancient Synagogues: Historical Analysis and Archaeological Discov-

ery (two volumes; Leiden: Brill, 1995); S. Fine (ed.), Jews, Christians and Polythe-

ists in the Ancient Synagogue: Cultural Interaction during the Greco-Roman Period

(London: Routledge, 1999); A. Runesson, The Origins of the Synagogue: A Socio-

Historical Study (Stockholm: Almqvist & Wiksell International, 2001); B. Olsson

and M. Zetterholm (eds.), The Ancient Synagogue from Its Origin until 200 CE: Pa-

pers Presented at an International Conference at Lund University, October 14-17,

2001 (Stockholm: Almqvist & Wiksell International, 2003).

26. Noll, “The Evolution of Genre in the Hebrew Anthology,” in Early Christian

Literature and Intertextuality. Pt.1, Thematic Studies (edited by Craig A. Evans and

H. Daniel Zacharias. London: T&T Clark International, 2009), pp. 10-23.

Dow

nloa

ded

by [

78.9

7.21

2.25

4] a

t 06:

08 0

7 D

ecem

ber

2014

Page 10: Did Scripturalization take place in second temple judaism?

208 K.L. Noll

fact, demonstrated—namely that many of the scrolls now contained in Tanak

were not widely available even in the early centuries of the Common Era.27

In sum, then, scripturalization, defined by me as the widespread idea that

texts are able to exert religious authority, had reached only its earliest stages

when the Second Temple was destroyed by the Romans. Note that this thesis

rests on a convergence of many data and does not rest on the exegesis of a

Bible story.

Nevertheless, many researchers continue to seek scripturalization in the

Persian period.28

This is a mistake. It ought to be a mistake easily dismissed

because it requires a grossly implausible historical reconstruction. One would

have to suggest that scripturalization took place in the Persian period but left

not a trace in the external data. Then scripturalization was crushed by

unknown causes by Ptolemaic times. Finally it only began to reappear in

Hasmonean times. In addition, one is forced to explain away all data that

positively demonstrate the non-centrality of Jerusalem and the non-

dissemination of any Hebrew scrolls in Persian times.29

The one and only source for a hypothesis of widespread textual religious

authority in pre-Hellenistic times is Tanak. Every time I encounter the hypo-

thesis, the evidence cited is a small collection of passages, such as Deuteron-

omy 31 and Nehemiah 8. Even if one ignores the frequent tendency of redac-

tion scholarship to relegate these passages to late stages of fictional accretion,

one must realize that Bible stories can be misleading. For example, First

Maccabees chapter one describes sacred texts in its persecution narrative, but

Second Maccabees chapter six tells that same story without reference to

sacred texts.30

Obviously one of the two is misleading. The historian must

27. Julio Trebolle, “A „Canon within a Canon‟: Two Series of Old Testament Books

Differently Transmitted, Interpreted, and Authorized,” Revue de Qumran 19 (1999-

2000), pp. 383-99.

28. This viewpoint is endemic to biblical research and citation of specific examples

would be pointless. Biblical texts that are routinely cited as evidence of Persian-era

scripturalization include: Deuteronomy 31,(9)10-13; Joshua 8,32-35; 2 Kings 23,1-3;

Nehemiah 7,22b-8,18; and a variety of passages in which the Levites are portrayed as

teachers, such as Deuteronomy 17,9-12; 33,10; 2 Chronicles 17,7-9; 19,8-11; cf. Ho-

sea 4,6.

29. On occasion, my argument has been misconstrued as an argument from silence,

as though the argument merely claimed an absence of evidence. If my argument were

based on silence, it would remain a sound argument. An argument from silence is

sound when it is the only viable alternative to a thesis that logically predicts a great

deal of “noise” (i.e., data in the ground), which is what a thesis for scripturalization

predicts, no matter when it is said to have taken place. However, my argument is not

an argument from silence. All available archaeological and epigraphic data from the

Iron Age II through the late Persian era support a thesis that Jerusalem did not yet

enjoy widespread public status as “the” central location of Yahwism, and that He-

brew scrolls emanating from this center had not yet circulated sufficiently to have

exerted any widespread influence on people who identified themselves as Ju-

dean/Jewish.

30. Schwartz, Imperialism and Jewish Society, p. 59.

Dow

nloa

ded

by [

78.9

7.21

2.25

4] a

t 06:

08 0

7 D

ecem

ber

2014

Page 11: Did Scripturalization take place in second temple judaism?

Did “Scripturalization” Take Place 209

adjudicate. But adjudication of Bible stories logically requires external con-

trol. Therefore, any hypothesis built on Bible stories alone is likely to be a

house of cards.

Permit me to elaborate on two points about the process by which we adju-

dicate Bible stories. Neither point bodes well for the Bible stories. My first

point deals with epigraphic data, and the second with the social sciences.

First, if one observes the epigraphic data, it is clear that proto-biblical

scrolls, even if they existed as early as the Iron Age II, were not influential.

On the contrary, any influence moved in the opposite direction, from local

custom (such as Ketef Hinnom amulets) into literary anthology (such as

Numbers and Deuteronomy).31

Consider the Yabneh Yamm ostracon. This

text suggests a legal situation that a biblical text attempts to legislate, but it

does not suggest that any biblical text was functionally operative in daily

life.32

More significantly, ritual observances later to be identified as biblical

began as local customs unrelated to any proto-biblical document. For exam-

ple, Late-Bronze-Age Ugarit observed a ritual that seems quite similar to

Yom Kippur.33

This demonstrates that common Canaanite customs later gave

rise to the earliest Hebrew texts commanding these observances. But the texts

were merely elitist conceptualizations of what hoi polloi were already doing.

James Watts has advanced a plausible thesis that ritual represents the first

step for the elevation of texts to scripture.34

He believes the ritual use of the

scrolls reinforced their authority. I have a hunch that Watts is correct. But if

Watts is correct, then this first ritualized step toward scripturalization clearly

did not take place until the Hellenistic period.

31. G. Barkay, M. J. Lundberg, A. G. Vaughn, B. Zuckerman, “The Amulets from

Ketef Hinnom: A New Edition and Evaluation,” Bulletin of the American Schools of

Oriental Research 334 (2004), pp. 41-71.

32. J. Naveh, “A Hebrew Letter from the Seventh Century B.C.,” Israel Exploration

Journal 10 (1960), pp. 129-39 and plate 17. Naveh suggests that the ostracon presup-

poses the kind of situation also presupposed in Exodus 22,25-27 and Deuteronomy

24,10-13, as well as Amos 2,8 and Proverbs 20,16 and 27,13 (Naveh, pp. 135-36).

The biblical passages are not as clearly parallel as Naveh suggests. In any case, To-

rah presents a utopian solution to these kinds of situations, and the utopian legisla-

tion, regardless of compositional date, played no role in daily life.

33. Dennis Pardee, Ritual and Cult at Ugarit (Atlanta: Society of Biblical Literature,

2002), pp. 77-83; G. del Olmo Lete, Canaanite Religion: According to the Liturgical

Texts of Ugarit (Winona Lake: Eisenbrauns, 2004), p. 154.

34. James W. Watts, Ritual and Rhetoric in Leviticus: From Sacrifice to Scripture

(Cambridge: Cambridge University Press, 2007), pp. 193-217. In my view, Watts is

too credulous in the face of Bible narratives, and he seems to be aware that both the

Elephantine documents and Josephus, Antiq. 11.8 (the Gerizim Temple) do not fit his

thesis. Occam‟s Razor applies: the ritual use of Torah is a Hellenistic phenomenon.

Dow

nloa

ded

by [

78.9

7.21

2.25

4] a

t 06:

08 0

7 D

ecem

ber

2014

Page 12: Did Scripturalization take place in second temple judaism?

210 K.L. Noll

My second, last, and longest point deals with the light that social sciences

can shed on these Bible stories.35

I refer to those passages routinely invoked

by researchers who want to believe that scripturalization took place prior to

Hellenistic times. Deuteronomy‟s provision for a seventh-year public reading

seems to be a favorite proof-text. But also, Ezra‟s public recitation before the

people in Nehemiah chapter 8 is mentioned frequently. Sometimes the ac-

count of King Jehoshaphat‟s circuit-riding Torah-teachers in 2 Chronicles 17

has been mentioned as a possible Persian-era policy. Exegetical treatment of

these stories is irrelevant, for the problem lies with the researcher‟s a priori

assumptions and not with the texts.

My point is this: if one were to accept, purely for the sake of argument,

that these and similar Bible stories are accurate accounts of real events, then

they cannot provide evidence for the thesis that scripturalization began with

these events. Quite the contrary, social science research demonstrates that

these events would be insufficient to generate the inculcation of religious

authority, textual or otherwise.36

35. The remainder of this essay elaborates on the thesis advanced in K. L. Noll, “Was

There Doctrinal Dissemination in Early Yahweh Religion?” Biblical Interpretation:

A Journal of Contemporary Approaches 16 (2008), pp. 395-427.

36. I refer to the school of research associated with studies in human cognition, in-

cluding: Pascal Boyer, “Religious Thought and Behaviour as By-Products of Brain

Function,” Trends in Cognitive Sciences 7 (2003), pp. 119-24; Boyer, Religion Ex-

plained: The Evolutionary Origins of Religious Thought (New York: Basic, 2001).

See also, Justin L. Barrett, “Cognitive Science of Religion: What Is It and Why Is

It?” Religion Compass 1/6 (2007), pp. 768-86; Barrett, Why Would Anyone Believe In

God? (Walnut Creek, CA: AltaMira Press, 2004); Ilkka Pyysiäinen, Supernatural

Agents: Why We Believe in Souls, Gods, and Buddhas (Oxford: Oxford University

Press, 2009); Pyysiäinen, How Religion Works: Towards a New Cognitive Science of

Religion (Leiden: Brill, 2003). Also see the following for critical evaluation of this

research and a variety of supplemental considerations: M. Afzal Upal, Lauren Ow-

sianiecki, D. Jason Slone, and Ryan Tweney, “Contextualizing Counterintuitiveness:

How Context Affects Comprehension and Memorability of Counterintuitive Con-

cepts,” Cognitive Science 31 (2007), pp. 1-25; Thomas E. Tremlin, Minds and Gods:

The Cognitive Foundations of Religion (New York: Oxford University Press, 2006);

Ryan D. Tweney, M. Afzal Upal, Lauren O. Gonce, D. Jason Slone, and Katie Ed-

wards, “The Creative Structuring of Counterintuitive Worlds,” Journal of Cognition

and Culture 6 (2006), pp. 483-98; Ara Norenzayan, Scott Atran, Jason Faulkner, and

Mark Schaller, “Memory and Mystery: The Cultural Selection of Minimally Counte-

rintuitive Narratives,” Cognitive Science 30 (2006), pp. 531-53; Scott Atran, In Gods

We Trust: The Evolutionary Landscape of Religion (New York: Oxford University

Press, 2002). This older volume remains quite useful: Stuart E. Guthrie, Faces in the

Clouds: A New Theory of Religion (Oxford: Oxford University Press, 1993). Justin L.

Barrett recently provided a model for the coding of agent concepts, so that greater

nuance in this research can be achieved: Barrett, “Coding and Quantifying Counte-

rintuitiveness in Religious Concepts: Theoretical and Methodological Reflections,”

Method and Theory in the Study of Religion 20 (2008), pp. 308-38.

Dow

nloa

ded

by [

78.9

7.21

2.25

4] a

t 06:

08 0

7 D

ecem

ber

2014

Page 13: Did Scripturalization take place in second temple judaism?

Did “Scripturalization” Take Place 211

Data from social anthropology and cognitive psychology demonstrate that

dissemination of religious teaching is difficult because it differs from the dis-

semination of other kinds of instruction (such as skills for tool-making).37

The cognitive capacity that the human species has evolved as part of its

survival strategy produces a universal form of belief in “agency,” a structure

of belief that has been labeled the “cognitive optimum.”38

This optimal cogni-

tion is our capacity to seek agents everywhere. Once detected—that is to say,

once invented by the human mind—we grant an agent its own human-like

mind, and we try to interact with each of these invented agents through our

intuitive understanding of moral obligation and reciprocal exchange. This

natural brain function manifests itself more often than not as a fleeting perso-

nification of an object that stands in our way (such as the “stubborn” door

that will not open or the “shrewd” laptop that seems to have a mind of its

own). Nevertheless, the world‟s many gods, angels, demons, saints, bodhi-

sattvas, and ghosts are by-products of this cognitive process, just as is the

child‟s invention of an imaginary friend or the universal appeal of a fanciful

character such as Count Dracula, Santa Claus, or Mickey Mouse.

Because the cognitive optimum is “not a dramatic departure from, but a

predictable by-product of, ordinary cognitive function,” the minimally coun-

terintuitive supernatural agents it is able to produce compel any organized

religious tradition or self-styled religious “orthodoxy” to compete for

survival.39

The key demographic for successful religious competition is the

adult of average cognitive capacity, whose instinctive tendency is to reduce

received doctrines about any supernatural agent to a set of minimally counte-

rintuitive concepts that are personally useful. If a religious doctrine is

complex or sophisticated, that is to say, if the religious doctrine is intellec-

tually taxing, it must find a way to remain useful to this person of average

cognition, so that she or he will be motivated to try to understand, retain, and

transmit this doctrine. Survival of a religion that claims to be distinct from, or

superior to, all other religious ideas or behaviors hangs in this balance,

because a religion is really nothing more than the critical mass within a

human population of shared ideas (sometimes called memes) about agency.

All religious behavior above the level of the cognitive optimum is con-

strained by limitations in three ways: the social context and its imposed

needs, the technological capacity for the dissemination of doctrine within that

37. Dissemination of religious teaching is the focus of the important volume by Har-

vey Whitehouse, Modes of Religiosity: A Cognitive Theory of Religious Transmission

(Walnut Creek, CA: AltaMira Press, 2004); cf. H. Whitehouse and L.H. Martin

(eds.), Theorizing Religions Past: Archaeology, History and Cognition (Walnut

Creek, CA: AltaMira Press, 2004).

38. Boyer, Religion Explained, 51-91, 137-67, and passim.

39. Quotation is from Boyer, “Religious Thought and Behaviour,” p. 119. For an

example of religious competition produced by the cognitive optimum, see Noll, “In-

vestigating Earliest Christianity Without Jesus,” in Is This Not the Carpenter? The

Question of the Historicity of the Figure of Jesus (eds T.L. Thompson and T.S. Ve-

renna; London: Equinox, in press).

Dow

nloa

ded

by [

78.9

7.21

2.25

4] a

t 06:

08 0

7 D

ecem

ber

2014

Page 14: Did Scripturalization take place in second temple judaism?

212 K.L. Noll

social context and, above all, the average person‟s cognitive capacity.40

Viewed from this Darwinian perspective, “[t]o explain religion we must ex-

plain how human minds, constantly faced with lots of potential „religious

stuff,‟ constantly reduce it to much less stuff.”41

The dynamics of religious

social interaction are wholly determined by the interchange of, and competi-

tion generated by, each individual‟s use of the cognitive optimum.

In light of these considerations, every sophisticated religious doctrine

faces a perpetual threat of extinction because few in the population possess

the intellectual capacity for working with maximally counterintuitive ideas,

and fewer still possess the motivation to bother. The majority are ever-

tempted to regress to the cognitive optimum. Moreover, even many seeming-

ly sophisticated religious concepts cluster around, or travel not distant from,

the cognitive optimum, for that is the most efficient way to avoid extinction.

For example, Jesus Christ “exists” on the same cognitive level as common

folklore about a vampire. Each is an ordinary human who has been “tagged”

by a finite cluster of counterintuitive ideas. By the power of a greater super-

natural agency, a dead human has risen to enjoy a level of power over

ordinary humans. On this minimally counterintuitive framework, any number

of doctrines that require little intellectual effort can be hung. One agent em-

bodies evil while the other embodies good, but these relative values are irre-

levant to the capacity of a minimally counterintuitive agent to maintain its

grip on the human imagination. More significantly, each agent is able to per-

form tasks that cluster into the universal human category of “miracle.” The

specific attributes associated with each agent come and go with the whims or

needs of those who conceptualize them, and even the literary models for each

figure have little impact on this free-wheeling cognitive process. Many early

Christians conceived Jesus as an angel, so much so that the New Testament

must warn against this “heretical” Christology (Hebrews 1-2).42

From the

perspective of cognitive studies, this was inevitable. As soon as the name of

Jesus had been equated with something supernatural, the human mind was

able to experiment with just about any variation of a minimally counterintui-

tive, supernatural agent. Anthropologists and cognitive psychologists have

presented a number of valuable studies that illustrate how this universal

40. Noll, “Investigating Earliest Christianity;” cf. Whitehouse, Modes of Religiosity,

p. 23.

41. Quotation from Boyer, Religion Explained, p. 32. See Whitehouse, Modes of Re-

ligiosity, pp. 15-17, 23-24, 64, 76, 129-31. Pyysiäinen notes that even an intensive

intervention by elites to impose a structured religious doctrine will never produce the

level of orthodoxy that the elites desire. See Pyysiäinen, “Corrupt Doctrine and Doc-

trinal Revival: On the Nature and Limits of the Modes Theory,” in Theorizing Reli-

gions Past, pp. 173-94 (186, 189).

42. Angelic Christologies survived for centuries, as is attested by this fourth-century

inscription: “First I shall sing a hymn of praise for God, the one who sees all; second

I shall sing a hymn for the first angel, Jesus Christ.” See Stephen Mitchell, Anatolia:

Land, Men, and Gods in Asia Minor (Volume 2; Oxford: Oxford University Press,

1993), p. 46.

Dow

nloa

ded

by [

78.9

7.21

2.25

4] a

t 06:

08 0

7 D

ecem

ber

2014

Page 15: Did Scripturalization take place in second temple judaism?

Did “Scripturalization” Take Place 213

process of quite simplistic cognition operates even among those who consider

themselves to be philosophically sophisticated theologians or experts in the

esoteric aspects of a religion‟s doctrine and rituals.43

Tanak is singularly incapable of competing in this Darwinian arena, and

therefore requires constant defense and promotion by an organized group of

well-trained religious experts (rabbis, priests, and so forth), whose authority

is said to rest on sacred or revealed literature, but actually resides in complex,

and frequently hierarchical, social structures. Although generations of believ-

ers have affirmed the Tanak (or one of the Christian Bibles) as primary or

even sole authority for their faith and practice, it has never exerted that

authority because it is really just an anthology of eclectic Hebrew and Ara-

maic texts originally composed for a variety of purposes, some of which can-

not be described as “religious” in any meaningful sense.44

In other words, Tanak is a cultural artifact and, as such, is subject to the

whims of utility to which all artifacts are subject. Any cultural artifact, such

as a wheel or a text, can be replicated like a DNA-sequence, either perfectly

or imperfectly, but the survival and use of the artifact depends on the cultural

equivalent of natural selection, a process in which ever-changing ideas about

the artifact‟s usefulness are transmitted from one human brain to another.45

The majority of participants in religious communities claiming a biblical

foundation fail to study this anthology with any degree of depth, or choose to

ignore much of its content, reducing their preferred cluster of “religious

stuff” to a few concepts that are personally or socially useful. This relative

irrelevance of the Tanak occasions no surprise for those who have studied it,

considering the self-evidently false, and often internally incoherent claims the

anthology makes. Tanak was not designed to be religiously authoritative and

remains authoritative only through intensive efforts by trained community

leaders. It is no surprise, for example, that the earliest evidence for the use of

the literature now known as the Former Prophets consists of Hellenistic histo-

rians (e.g., Demetrius, Eupolemus) who change the literature‟s content as

needed, as well as early Roman-era ad hoc citations, quotations, and allusions

that make little use of any larger literary context or themes and instead frag-

ment or atomize the cited lines (e.g., Qumran, New Testament). That the

43. An excellent example is Justin L. Barrett, “Theological Correctness: Cognitive

Constraint and the Study of Religion,” Method and Theory in the Study of Religion

11 (1999), pp. 325-39; see also Boyer, Religion Explained, pp. 85-87.

44. Definitions of “religious” vary in scholarship, of course, but I usually define a

work of literature as “religious” if it appears to be designed to define, proclaim, de-

fend, or advance a set of ideas about supernatural agency or an ultimate reality. Mere

mention of a god or use of a supernatural agent as a character in a tale does not nec-

essarily constitute religious literature, as the god or agent is frequently nothing more

than a narrative necessity. By this definition, significant portions of the Tanak do not

qualify as “religious” literature, although aggressive readers have managed to find

religion in all Tanak‟s texts, nevertheless.

45. Noll, “Is There a Text;” cf. Noll, “Evolution of Genre in the Hebrew Anthology.”

Dow

nloa

ded

by [

78.9

7.21

2.25

4] a

t 06:

08 0

7 D

ecem

ber

2014

Page 16: Did Scripturalization take place in second temple judaism?

214 K.L. Noll

Former Prophets ever became religiously useful, much less religiously

authoritative, is a puzzle that can be explained only by appeal to the aggres-

sive theological eisegesis of religiously motivated readers.46

This research on the cognitive optimum and its influence on the construc-

tion and maintenance of a god-concept impact the common, but in my view

false, hypothesis that biblical stories of textual dissemination shed light on

the early stages of scripturalization. Researchers usually assume that the reli-

gious competition described in biblical narratives reflects real-world competi-

tion that was somehow comprehended by hoi polloi.47

For example, some

portions of Tanak—portions that are frequently stressed by trained religious

leadership—present a competition between the religion of Yahweh and the

religion of the other Canaanite gods (e.g., Deuteronomy‟s prohibition of the

“other gods”). The competition is artificial, a literary construction, and would

have been unknown to, or wholly ignored by, the illiterate masses. An alle-

gedly awful Canaanite god, such as Baal, is identical to Yahweh, and both

rarely rise above the level of a Canaanite cognitive optimum. Each of these

two gods is an invisible agent from the sky with a human-like mind and an

enduring interest in human affairs.48

Their only differences are found in a

cluster of sophisticated doctrines added to Yahweh‟s biblical repertoire, but

noticeably lacking from all available pre-Hellenistic epigraphic references to

Yahweh. Thus the Torah‟s complex tale of Heilsgeschichte is well-known to

highly literate modern researchers with Ph.D.s in biblical study, but would

have been irrelevant to the needs of the average, illiterate Iron Age farmer

and his family. And thus, “your gods have become, O Judah, as many as your

towns!” (Jer 2,28b). Yet, according to common hypothesis, passages such as

Deuteronomy 31, Nehemiah 8, or 2 Chronicles 17 explain the process by

which scrolls about Yahweh became widely known as scripture, and exerted

religious authority among a critical mass of mostly illiterate Jews.

Tanak‟s own provisions for, and descriptions of, public dissemination of

its contents are unrealistic. Given the uneven nature of the anthology‟s

religious content, one is not able to assume with confidence that a coherent

doctrine of a god, such as that implied by Deuteronomy, could have been

46. Noll, “A Portrait of the Deuteronomistic Historian at Work?” in Raising Up a

Faithful Exegete: Essays in Honor of Richard D. Nelson (eds. K.L. Noll and B.

Schramm; Winona Lake: Eisenbrauns, 2010), pp. 73-86; cf. Noll, “Presumptuous

Prophets Participating in a Deuteronomic Debate,” in Prophets and Prophecy in An-

cient Israelite Historiography (eds. M.J. Boda and L.M. Wray Beal; Winona Lake:

Eisenbrauns, in press).

47. For a critique of this endemic fallacy in biblical scholarship, see Noll, “Was

There Doctrinal Dissemination?”

48. Pyysiäinen notes that the careful distinction between alleged divine reality and

human conceptualization of that reality so common to sophisticated theological lite-

rature is lost on, or willfully ignored by, the majority of religious participants, for

whom the supernatural agent is, quite simply, an invisible agent with a human-like

mind and a deep concern for whatever it is that the believers are concerned about.

See Pyysiäinen, How Religion Works, 220, and 225-26.

Dow

nloa

ded

by [

78.9

7.21

2.25

4] a

t 06:

08 0

7 D

ecem

ber

2014

Page 17: Did Scripturalization take place in second temple judaism?

Did “Scripturalization” Take Place 215

disseminated effectively by a public discussion of this content. (Even today,

too much Bible content tends to confuse lay members, who then initiate wor-

ried discussions about so-called “hard sayings of the Bible.”) Heavy doses of

“spin” would have been required for effective dissemination. Specific

passages that exhort or describe public dissemination give little hint of how

such spin could have been accomplished or what its content should be. These

passages do not even suggest that the ancient scribes were aware that such

spin was necessary. In Nehemiah 8, one comes closest to this possibility, but

the narrative does not suggest that the priestly assistance (e.g., Neh 8,7-8)

was needed to explain literary incoherence. That possibility would have to be

read into the text.

These tales in Tanak are idealistic, lacking verisimilitude. The command-

ment at Deuteronomy 31,10-13 for a seventh-year public recitation of the

scroll suggests that the scribes who invented this Moses also envisioned a

literary world in which this literary version of his words would be venerated

by all the people who are identified as Israelites or Judahites, but the real

world provides a variety of rewritten Torah texts that competed with or

“improved” this literary version. Likewise, when 2 Chronicles 17 constructs a

fictional King Jehoshaphat who sends officers to compass the region claimed

by this narrative as the kingdom of Judah, it suggests, quite naively, an

unproblematic dissemination of complex religious lore by just a handful of

teachers (five officials, accompanied by eleven priestly assistants) over a vast

and almost entirely uneducated population. Or again, in Nehemiah 8, the

author envisions a one-time event over a few short days, not a blueprint for

ongoing ritual reinforcement of textual prescriptions, and this detail is partic-

ularly problematic.

The cognitive theory of religion suggests that successful dissemination of

complex religious teaching must defeat the average person‟s natural tendency

to return to the cognitive optimum, and that requires the imposition of at least

three elements: regularly scheduled teaching events, frequent ritual rein-

forcement of those teachings, and a series of checks against defection.49

Bib-

lical tales and exhortations, such as Deuteronomy‟s seventh-year public

recitation of its contents, fail on all three levels. If an effective dissemination

of religious instruction was taking place as early as the Persian period, Tanak

not only fails to report on this process but also offers, in place of that missing

report, textual accounts that cannot possibly describe a successful doctrinal

dissemination.

It is not surprising, therefore, that the data I discussed earlier triangulate

on the Hasmonean and Herodian periods. It was then, and only then, that

unequivocal evidence appears for the multiplication and circulation of

Hebrew literature. It was then, and only then, that a massive explosion of

additional literature in response to these Hebrew texts suddenly and dramati-

cally appears (especially at Qumran, but also in the previously known

so-called “intertestamental” literatures, such as the Testaments of the

49. Whitehouse, Modes of Religiosity.

Dow

nloa

ded

by [

78.9

7.21

2.25

4] a

t 06:

08 0

7 D

ecem

ber

2014

Page 18: Did Scripturalization take place in second temple judaism?

216 K.L. Noll

Patriarchs, Psalms of Solomon, Judith, Similitudes of Enoch, and so forth). It

was then, and only then, that Hellenized Jews began to treat Hebrew litera-

ture as sources for historiographical efforts (from Demetrius to Josephus). It

was then, and only then, that traces of an emerging Oral Torah, a body of

ever-expanding halakhic discussions, enabled an otherwise unworkable an-

thology of folklore and commandments to become, eventually, the authorita-

tive Torah of Moses. It was then, and only then, that unequivocal evidence

for an institutionalized setting for textually based ritual, namely the synago-

gue, began to emerge.

Elsewhere, I have suggested that an early period of about ten to fifteen

human generations (circa 300 to 100 BCE) can be viewed as the key stage of

“punctuation,” or rapid evolution, in which the literary artifacts we now call

Tanak were transformed from a loose anthology of disparate literature known

to only a handful of scribes, to an increasingly religiously useful anthology of

literature disseminated among many of the literate Jews, the contents of

which were at last gradually becoming known as well, though imperfectly,

among illiterate Jews.50

But even then, the process of scripturalization had

only just begun. Tanak as religiously authoritative literature required an addi-

tional stage, beginning roughly with the Hasmoneans (circa 160s-60s BCE)

or perhaps a little earlier with people like Jesus ben Sira, and continuing

through the late Second Temple decades (60s BCE-70 CE), during which this

loose anthology and a corresponding idea that texts are able to exert religious

authority gradually spread among Jewish communities (and early Christians).

This idea about the potential religious authority of texts would not penetrate a

critical mass of people until after 70 CE, when the task of deciding which

specific texts are the ones to exert religious authority resulted in a new stage

of evolution, namely the process of canonical formation (second to fourth

centuries CE).

To summarize: prior to the Hasmonean era, literary figures such as Moses

and books such as Deuteronomy were not well known among the Jews. Out-

side a small circle of scribes, texts were never a part of Jewish religious life.

What we today associate with the biblical descriptions of Judaism was the

invention of the final ten or twelve human generations of the Second Temple

period. Even during these generations, the idea that a text can exert religious

authority spread very gradually, and was largely unknown.

50. Noll, “Evolution of Genre in the Hebrew Anthology.”

Dow

nloa

ded

by [

78.9

7.21

2.25

4] a

t 06:

08 0

7 D

ecem

ber

2014