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Testamentum
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BRILL brill.com/vt
Quality of Judges 19
Sara J. Milstein
The University of British Columbia, Dept. of Classical, Near Eastern,
and Religious Studies, Vancouver, Canada
sara. milstein@ubc. ca
Abstract
It is without question that Judges 19 manifests an overt anti-Saul, pro-David bias, with
a number of references (e.g., Gibeah; Bethlehem; Jebus; the dismembered concubine)
that point clearly to each figure. At the same time, it features a handful of markers that
elude easy explanation. These include the Levitical identity of the protagonist, the adul-
terous concubine, the reference to Ramah, the destination of "the House of Yahweh,"
and the Ephraimite host. Rather than view these details as either secondary or unre-
lated to Saul, I propose that they also represent tools in service of the overarching anti-
Saul polemic. More specifically, these markers reflect awareness of a Saul-based version
of 1 Samuel 1-2. This proposal in turn sheds light on questions regarding the composi-
tion and transmission of a separate Saul complex.
Keywords
It has long been recognized that Judges 17-21 have a separate literary history
from that of the rest of the Book of Judges. The block is comprised of two
once-independent narratives (Judges 17-18 and Judges 19-21) that have logically
* The arguments within this article have been greatly enhanced by the swift and detailed feed-
back that I received from Daniel E. Fleming, Jan Joosten, Steve McKenzie, Mark S. Smith, and
the anonymous reviewer at vt. I also wish to thank Carolina Franzen and Andrei Mihailiuk,
my fantastic research assistants at the University of British Columbia.
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96 MILSTEIN
been labeled
features no
that situate
and deliver
("In those d
in his eyes")
and Judg 2
a Levite as
priest, and
rape of a L
by a massiv
Israelites to
In the case
ticular is m
1 It is thus n
egating them
p. 121, n. 29)
and R. Kratz,
pp. 196-97.
2 T. Veijola asserts that the refrain is obviously not an original component of Judges 17-21 and
reflects language in Deut 12:8-12 (Das Königtum in der Beurteilung der deuteronomistischen
Historiographie: eine redaktionsgeschichtliche Untersuchung [Suomalaisen Tiedeakatemian
toimituksia, Saija B; nide 198; Helsinki, 1977], pp. 15-16). Cf. H.-W Jüngling, who argues that
the refrain in Judg 19:1 and 21:25 originally framed the once-independent narrative of Judges
19 (Richter ig - Ein Plädoyer für das Königtum; eine stilistische Analyse der Tendenzerzählung
RI- 19, i~3oa; 21.25 [AnBib 84; Rome, 1981]), p. 140. H.-J. Stipp takes the phrase "In those days . .
"als typisches Beispiel redaktionellen Kitts, der ein älteres Stück Literatur in einen kompo-
sitionellen Rahmen einbettet" ("Richter 19: Schriftgestützte politische Propaganda im david-
ischen Israel", in Alttestamentliche Studien: Arbeiten zu Priesterschrift, Deuteronomistischem
Geschichtswerk undProphetie [bzaw 442; Berlin, 2013], p. 190).
3 Already in 1869, M. Güdemann identified the text as an anti-Saulide document (Tendenz und
Abfassungszeit der letzten Kapitel des Buches der Richter [mgwj 18; Berlin, 1869]). Jüngling
takes Judges 19 to be an anti-Saul episode composed in the monarchic period (Richter ig);
a similar argument on this front is maintained by Stipp ("Richter 19", pp. i97ff.). U- Becker
likewise recognizes the anti-Saulide, pro-Davidic bent of Judges 19 but proposes a terminus
post quem of the mid-monarchic period (Richterzeit und Königtum: redaktionsgeschichtliche
Studien zum Richterbuch [bzaw 192; Berlin, 1990], p. 297). Y. Amit highlights the "hidden" Saul
polemic in Judges 19-21 as a whole in a number of essays; see, e.g., "Literature in the Service of
Politics: Studies in Judges 19-21", in H.G. Reventlow, etal.} (ed.), Politics and Theopolitics in the
Bible and Postbiblical Literature (Sheffield, 1994), pp. 28-40.
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SAUL THE LEVITE AND HIS CONCUBINE 97
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98 MILSTEIN
was once a
access to su
details. As
canonical te
an alternat
heightens
1 Sam 11:1-
Snatched a
Birth Narr
1 Samuel 1
two wives (
(= Ramah) i
to dedicate
son, Samue
ogy for th
him from
("to borrow
v. 20, the r
addresses E
the reque
now I have
7 This is in li
discussion in
27 (2007), pp.
damental dif
allusions, the
tion" (p. 332)
this specifica
"makes stran
enon of allus
40-66 (Contra
8 While IbW i
L. Koehler an
of the Old Tes
VETUS
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SAUL THE LEVITE AND HIS CONCUBINE 99
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100 MILSTEIN
figure outs
again associ
Donald Schl
between Sa
Ahijah in 1
He argues f
as such, Sa
his reign. T
rupts the f
to set up w
century bc
While it is
and Shiloh,
early tradit
echoes of a
Saul was rem
House of Y
1 Samuel 1-2
14 The term
Institution of
Testament Hi
D. Schley pre
63; Sheffield,
1 5 This prom
[!963]> PP- 39
and "Nazirite
pp. 63-66; D
Untersuchung
1 6 Schley, Sh
17 See I. Fink
Series of the
Forgotten Ki
2013). Finkels
chic Judah o
transmitted t
see D. Edelm
The Origins o
VETUS
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SAUL THE LEVITE AND HIS CONCUBINE 101
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102 MILSTEIN
These para
Levite repre
ures in the
phy: the co
shares parall
The Levite
The notion t
trayed in su
in the next
nonetheless
from his fa
Third, in a p
opts for Gib
the hungry
coldly when
confirmed b
what transp
until she die
overtly pole
another atte
The questio
Judges 19 d
House of Ya
a Benjamini
21 Amit dete
Saul's Kingdom
Narrative [tra
22 Yamada si
(i Configuratio
as a "sympath
emotionale Re
23 At least in
vexpá ("becaus
tion to the te
Judges, vol. 8
24 S. Niditch n
(Judges: A Co
Rape, p. 94 an
World", JSOT
VETUS
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SAUL THE LEVITE AND HIS CONCUBINE 103
25 K. Budde, Das Buch der Richter (khc vii; Freiburg i; Br. /Leipzig/Tübingen, 1897), p. 127.
26 See, e.g., Amit Book of Judges , p. 353; Gross, Richter , p. 813; Stipp, "Richter 19", pp. 177-79;
Veijola, Das Königtum in der Beurteilung der deuteronomistischen Historiographie , p. 20.
Stipp states, ". . . doch das ist fraglos eine sekundäre Nachinterpretation" ("Richter 19"
p. 178). An exception to the rule is A.H.J. Gunneweg, who views the detail of the Levite
as essential and considers that the crime takes on particular weight because it pertains
to a Levite (Leviten und Priester; Hauptlinen der Traditionsbildung und Geschichte des
israelitisch-jüdischen Kultpersonals [Forschungen zur Religion und Literatur des Alten
und Neuen Testaments 89; Göttingen, 1965], pp. 23-26).
27 The lack of the Levitical epithet is especially pertinent to Judg 19:25, which states that
"the man seized his concubine" and sent her out to the mob, thus leaving the referent
ambiguous. Gross emphasizes the fact that the text does not refer to the man as a Levite,
which would have enabled the writer "die beiden namenlosen Männer auf elegante Weise
zu unterscheiden" (Richter, p. 813); Stipp makes a similar point ("Richter 19", p. 178). At the
same time, the host is consistently referred to in the narrative as "old" and/or "the owner
of the house," suggesting that the Levite is the agent in v. 25.
28 Soggin Judges, p. 284.
29 For discussion of the ostensible thematic links between Judges 17-18 and 19-21, see D.T.
Olson, "The Book of Judges: Introduction, Commentary, and Reflections", in L.E. Keck
(ed.) (nib 2; Nashville, 1998), pp. 863-66 and Yamada, Configurations of Rape, pp. 71-72.
Yamada contends that the reader is "set up" to expect a negative outcome in Judges 19
when confronted again with the combination of the Levite, Ephraim, and Bethlehem
(ibid., p. 72, n. 12).
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104 MILSTEIN
d) Regardin
"into my h
One might
also marred
(nal) instea
I shall begin
first worth
is alternate
"the woman
or sensitivi
is worth ad
Levite but i
18:17; 18:18
tribal design
is further c
v. 10, he re
concentratio
suggests mu
identity in
the figure
(v. 4), not t
duced as a
"Utt (here, "
It is true th
the charact
differs from
his referen
30 See discuss
abbreviation for "the House of Yahweh."
31 E.g., in her father's house, the woman is exclusively called "the girl," as R. Jost notes
{Gender, Sexualität und Macht in der Anthropologie des Richterbuches [Stuttgart, 2006]),
p. 302).
32 The figure is called "the Levite" in Judg 17:7, 17:9, 17:10, 17:11, 17:12, 17:13, 18:3, and 18:15.
33 As such, the Levite is closer in form to Micah, not his Levite, if we are to make a compari-
son to any of the figures in Judges 17-18. It may be relevant, however, that the term ipj is
often associated with cultic contexts (M. Leuchter, "'Now There Was a [Certain] Man':
Compositional Chronology in Judges-i Samuel", cbq 69 [2007], pp. 436-37). Cf. S. Frolov,
who reads the servant as homage to Saul's servant in 1 Samuel 9-12 (Judges: The Forms of
the Old Testament Literature [Grand Rapids, 2013], pp. 314-16).
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SAUL THE LEVITE AND HIS CONCUBINE 105
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106 MILSTEIN
Levite's desc
Levite who
living in oth
it is worth
but so does
19:1 would c
one omits t
scribe chose
Before we d
worth consi
of Judges 17
that the de
tion stems f
of Saul wit
a Levite fro
Ramathayim
Moreover, a
gests spendi
in 1 Samue
have repres
child in 1 S
the Levite
need not m
formulation
dar"; he ther
Beurteilung d
38 Stipp concl
auf eine ande
39 For Becker
realm and its
in the narrati
Ephraim to r
Judges 19 ("R
40 Amit point
the geographi
P- 33); for a si
41 Already R
the Art of Edi
VETUS
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SAUL THE LEVITE AND HIS CONCUBINE 107
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108 MILSTEIN
an assertion
procuring ef
Jabesh-Gilea
the same ve
have been us
horizon who
The Concub
The notion
the scribe se
and again de
of secondar
wife that ap
that of a 'ha
Hebrew Bibl
44 The Jabesh
to Saul. In addi
sons' bones wi
mark on the t
Zela. The cour
of theft; the
Beth-shan (2 S
and took (inp"
Jabesh and bu
tamarisk tree
then accept ru
erwise. The im
exemplified by
Saul story th
revision of th
in Judah and t
45 To my min
earlierphase o
discussion, se
46 P. Trible ob
secured by a m
Biblical Narra
Yamada, Conf
as sources of f
ated with the
VETUS
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SAUL THE LEVITE AND HIS CONCUBINE 109
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110 MILSTEIN
("she was un
Akkadian co
Still others
most impor
of the Levit
is directed e
bias of this
The Ephra
This finally
widely reco
been recogn
informed th
The parallel
Both the an
and the host
texts, the m
50 See, e.g., D
1999), p. 523.
Biblical Comm
51 See, e.g.,
betrayed him
52 See, e.g., N
53 The reason
wife, though
cussion in Jos
54 The depen
Book of Judg
"Benjamin Tra
pp. 37-59; Am
Leiden, 1999),
that Judg 19:
have primacy
Disintegration
phrase "inter
19 in his/her
however, the
is inherent to
is focused on
synchronic le
(pp. 6-8).
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SAUL THE LEVITE AND HIS CONCUBINE 111
This potential parallel may shed light on our understanding of 1 Sam 2:12-26.
The unit opens with reference to Eli's sons' improper behavior with regard to
sacrifices. The first violation (w. 12-17) pertains to their conduct with regard to
sacrificial meat. After a short, pun-laden interlude regarding Hannah's annual
pilgrimage to Shiloh to see her son, the narrator returns to Eli and the second
infraction. In both the mt and lxxl, Eli is distressed regarding "all that his
sons were doing to all Israel" and that his sons were "lying with the women
who were on duty at the entrance of the Tent of Meeting (tin riNl
iy'n br'x nna manan D^n)" (v. 22). The root ana ("to be on duty") is used
again with reference to women "performing duties at the entrance to the Tent
of Meeting" in Exod 38:8 ("rpiQ nna wna manan). In that case, the
raw material for the copper laver and its stand are said to come from the mir-
rors of these women. Various suggestions as to the role of these women have
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112 MILSTEIN
been posed,
musicians to
cance of the
context of m
it appears lik
sanctuary its
It is further
lxxb nor 4QS
as a secondar
the language
and serves t
dent concern
brings Cozbi
entire comm
of Meeting
the couple is
follows the
men. The tw
in the vicini
ers that 1 S
the descend
Whether or
that at leas
misconduct
posed links b
the scribe re
57 See U. Win
Studien zum w
Göttingen, 198
58 Based on ar
to wealthy in
menial labor i
who were visit
59 See, e.g., Wi
!973)> P- 114;
E.C. Ulrich, Jr
60 McCarter,
pp. 201-203.
VETUS
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SAUL THE LEVITE AND HIS CONCUBINE 113
Conclusion
It is widely assumed that pro-Saul texts must have circulated at some point,
before they were either omitted from the canon or folded into the Saul-David
saga with polemical adjustment. Though the final form of 1-2 Samuel is shame-
lessly tendentious, a handful of texts (1 Samuel 9, 1 Samuel 11, and 1 Samuel 14-15)
61 I use the term "rape" so as to emphasize the non-consensual aspect of the act See,
however, the nuanced analysis proffered by Kawashima in "Could a Woman Say 'No' in
Ancient Israel? On the Genealogy of Legal Status in Biblical Law and Literature," ajsr
35:1 (2011), pp. 1-22. Kawashima concludes that there was no such concept of forcible rape
in the legal system of "biblical Israel," given that women were not understood to consti-
tute autonomous individuals who had the right to give sexual consent While ancient
Israelites certainly acknowledged the problem of forced sexual acts, they did not conceive
of the women as the victims in these encounters. Rather, the men who had authority
over them (principally, their fathers, husbands, or fiancés) were considered to be the true
"victims" of the crime and were thereby compensated (p. 2). Kawashima reads the laws
in Deut 22:23-39 as indicating that a woman could be "guilty" of a (sexual) crime without
being a victim of that crime (p. 16).
62 See especially the laws of sexual violation in Deut 22:23-29, though these cases are in con-
junction with seizure (ptn) or grabbing (fe?£3n). The roots ¡"UP and 1DW are used in com-
bination with regard to Shechem and Dinah in Gen 34:2 (rüJPl nriN MUH HflN n p^l).
63 Frolov likewise emphasizes the unusual nature of an all-anonymous cast, yet for him,
the anonymity is tied to an allegory in which the Levite and his concubine correspond to
Yahweh and Israel ( Judges , pp. 32sff).
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114 MILSTEIN
are regularl
the ongoing
rative has n
account orig
home in an
to an altern
scribe had
Saul's birth
the scribe
heads: the
from Ephra
by dismem
In my curr
as an addit
Judges 20-2
have portra
proposal he
21:15-24, in
narrative at
have been t
would have
have served
64 Historicall
"Samuel-Saul
Israel: A Study
pp. 26-35. M
pre-deuteron
posals for an
tic editing, w
Beitrag zum E
65 This posit
through Intr
This is in op
19"), and Pfe
dent episode.
expectation t
critique, see G
66 Cf. Frolov
Judges 19-21
was never int
an anti-Saul co
VETUS
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SAUL THE LEVITE AND HIS CONCUBINE 115
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116 MILSTEIN
period. In e
had access t
pied with d
complex hav
Saul birth s
however, th
the House of
alternative t
VETUS
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