Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, TortureLea, Henry Charles
History
Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, Torture
Lea, Henry Charles
Ordeal; Torture; Wager of battle; Wager of law
Among the Hebrews, as a rule, the interposition of Yahveh was expected
directly, without the formulas which human ingenuity has invented to
invite and ascertain the decisions of the divine will. Still, the
combat of David and Goliath has been cited as a model and justification
of the judicial duel; and there are some practices described in
Scripture which are strictly ordeals, and which were duly put forth by
the local clergy throughout Europe when struggling to defend the system
against the prohibitions of the papacy. When the man who blasphemed
the Lord (_Levit._ xxiv. 11-16) was kept in ward “that the mind of
the Lord might be showed them,” and the Lord ordered Moses to have
him stoned by the whole congregation, we are not told the exact means
adopted to ascertain the will of Yahveh, but the appeal was identical
in principle with that which prompted the mediæval judgment of God.
The use of the lot, moreover, which was so constantly employed in the
most important and sacred matters, was not a mere appeal to chance,
but was a sacred ceremony performed “before the Lord at the door of
the tabernacle of the congregation” to learn what was the decision
of Yahveh.[841] The lot was also used, if not as a regular judicial
expedient, at all events in unusual cases as a mode of discovering
criminals, and its results were held to be the undoubted revelation of
Omniscience. It is more than probable that the Urim and Thummin were
lots, and that they were not infrequently used, as in the cases of
Achan and Jonathan.[842] And the popular belief in the efficacy of the
lot is manifested in the account of Jonah’s adventure (_Jonah_ i. 7)
when the sailors are described as casting lots to discover the sinner
whose presence brought the tempest upon them. The most formal and
absolute example of the ordeal, however, was the Bitter Water by which
conjugal infidelity was convicted and punished (_Numb._ v. 11-31). This
curious and elaborate ceremony, which bears so marked an analogy to the
poison ordeals, was abandoned by order of R. Johanan ben Saccai about
the time of the Christian era, and is too well known to require more
than a passing allusion to the wealth of Haggadistic legend and the
interminable controversies and speculations to which it has given rise.
I may add, however, that Aben Ezra and other Jewish commentators hold
that when Moses burnt the golden calf and made the Israelites drink the
water in which its ashes were cast (_Exod._ xxxii. 20), he administered
an ordeal, like that of the Bitter Water, which in some way revealed
those who had been guilty of idolatry, so that the Levites could slay
them; and Selden explains this by reference to a tradition, according
to which the gold of the calf reddened the beards of those who had
worshipped it, and thus rendered them conspicuous.[843]
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