Restoration Quarterly 42 (2000) 193-209.

Copyright © 2000 by Restoration Quarterly, cited with permission;

digitally prepared for use at Gordon College]

 

VOWING AWAY THE FIFTH

COMMANDMENT:

MATTHEW 15:3-6//MARK 7:9-13

 

 

JON NELSON BAILEY

Dallas, TX

 

I. Introduction

 

Religious vows are prominent in ancient Judaism. This study examines the

evidence that in the first-century CE a son could make a vow that would keep

him from honoring his parents as commanded in the fifth of the Ten

Commandments (Exod 20:2; Deut 5:16). This practice, mentioned in Matt

15:3-6//Mark 7:9-13, had the effect of vowing away the fifth commandment.

The practice may have been rare and controversial, but it was a phenomenon that

could occur in ancient Judaism.

Since God required that vows be kept, problems arose when a vow was

made that violated the Torah. In this study, I trace the development of such vows

within Judaism and show that the NT bears witness to the practice by which a

person could make a vow that superseded requirements of the fifth command-

ment. I also show that such vows encountered opposition by the rabbis and

eventually became unthinkable for pious Jews by the time of the Babylonian

Talmud.

 

II. Significant Terms

A vow is a promise made in a religious context, usually to God. Vows tend

to be promises to perform, or to abstain from, specific actions. In biblical and

rabbinic Hebrew, the most common terms for "vow" are the verb RdanA and the

noun rd,n,. The corresponding Aramaic terms are the verb rdan; and the noun rdan;.1

The most common Greek terms for "vow" are the verb eu@xomai and the noun

 

1 F. Brown, S. R. Driver, and C. A. Briggs, Hebrew and English Lexicon of the Old

Testament (Oxford: Oxford University Press, 1907; repro 1981) 623-24 (hereinafter cited

BDB, Lexicon); M. Jastrow, A Dictionary of the Targumim. the Talmud Babli and

Yerushalmi. and the Midrashic Literature (New York: Judaica, 1903; repr. 1985) 879-80

(hereinafter cited Jastrow, Dictionary).



194                             RESTORATION QUARTERLY

 

eu]xh<.2 A vow is a solemn promise or assertion directed toward God. Vows in

ancient Judaism can be divided into two basic types. The positive vow promises

to perform an act or to offer a gift or sacrifice as a votive offering. The negative

vow promises to abstain from something, imposing a prohibition on the one who

made the vow or others.3

Vows in ancient Judaism were closely related to oaths, and sometimes the

terms were used interchangeably. The common Hebrew terms are ii3J':):lW "oath

and fbawA "swear, take an oath."4 The Greek terms are o@rkoj, "oath," and o]mnu<w,

"swear, take an oath."5 An oath is a solemn, formal calling upon God as witness

to the truth of words directed toward other human beings.6

Another important term is the Hebrew noun NBAr;qA. In rabbinic Hebrew this

noun introduces a vow to abstain from something by declaring an object to have

the status of a consecrated offering as far as the one prohibited by the vow is

concerned. This usage is a development from biblical Hebrew in which the term

occurs frequently but simply to denote a literal "gift, offering, or sacrifice."7 In

 

2 H. Liddell and R. Scott, A Greek-English Lexicon (9th ed., H. Jones and R.

McKenzie; Oxford: Oxford University Press, 1940) 739 (hereinafter cited LSJM,

Lexicon); W. Bauer, A Greek-English Lexicon of the New Testament and Other Early

Christian Literature (trans. W. F. Arndt and F. W. Gingrich, 2nd ed. rev. F. W. Gingrich

and F. W. Danker; Chicago: University of Chicago Press, 1979) 329 (hereinafter cited

BAGD, Lexicon); J. Hermann and H. Greeven, "eu@xomai," TDNT 2:775-808.

3 "Vows and Vowing," Encyclopedia Judaica (ed. Cecil Roth; 16 vols.; New York:

Macmillan, 1971) 16:227-28; "Vow," Dictionary of Judaism in the Biblical Period: 450

B.C.E. to 600 C.E. (ed. Jacob Neusner and William Scott Green; 2 vols.; New York:

Simon & Schuster/Macmillan, 1996) 661-62; "Vows and Oaths," The Oxford Dictionary

of the Jewish Religion (ed. R. Werblowsky and G. Wigoder (Oxford: Oxford University

Press, 1997) 716-17.

4 BDB, Lexicon, 989-90; Jastrow, Dictionary, 1511, 1515.

5 LSJM, Lexicon. 1223, 1252; BAGD, Lexicon. 565, 581; J. Schneider, "o]mnu<w,"

TDNT, 5:176-185; idem, "o!rkoj et al.," TDNT, 5:457-67.

6 E. Klinger, "Vows and Oaths," The Encyclopedia of Religion (ed. Mircea Eliade;

15 vols.; New York: Macmillan, 1987) 15:301. In this study it will be evident that the

Jews often blurred the distinction between oaths and vows, especially in regard to vows

that negatively affected others.

7 BDB, Lexicon. 898; Jastrow, Dictionary. 1411: J. Klihlewein, "brq" Theological

Lexicon of the Old Testament (ed. E. Jenni and C. Westerman; trans. M. Biddle; 3 vols.

(Peabody: Hendrikson, 1997) 3:1164-69; R. Averbeck, "NBar;qA," New International

Dictionary of Old Testament Theology and Exegesis (ed. W. VanGemeren; 5 vols.; Grand

Rapids: Zondervan, 1997) 3 :979-82. The noun occurs 80 times in the Hebrew Bible, with

40 of those occurrences in Leviticus. Both the noun and cognate verb are associated with

the Israelite concept of drawing near to God in worship by presenting a consecrated gift

as a sacrificial offering. While the law specified many gifts such as burnt offerings, grain

offerings, and peace offerings, it also was possible to vow voluntarily to God other gifts

from one's property. After the loss of the Temple, even the study of the Torah concerning



BAILEY NO WING AWAY THE FIFTH COMMANDMENT      195

 

rabbinic literature it is used both as a designation for actual sacrificial offerings

[ and as a technical term that introduces a vow of abstinence from some object

consecrated to God. In rabbinic texts, to avoid use of the actual word for sacri-

ficial offering, the term commonly is replaced by the euphemism MnAOq.8

 

III. The Hebrew Bible

 

The Hebrew Bible indicates that vows were important in Israelite religion

from an early period.9 With a vow a person was placed under solemn obligation

to God to do something or to refrain from doing something. Vows were volun-

tary. Yet, once taken, they were to be fulfilled. The motive for vows was often

a desire to obtain divine favor. They regularly have the form "If God does

something for me, then I will do something for God." Except for the Nazirite

vow, negative vows or vows of abstinence are rare in the Hebrew Bible. Vows

intended to affect others negatively are even less common.

A few examples will demonstrate the importance of positive vows in the

Hebrew Bible.10 Jacob vowed that if God would keep him safe, fed, and clothed

until he returned, he would make the pillar at Bethel into a sanctuary and pay

tithes (Gen 28:20-22; 31:13). The people of Israel vowed that if God would give

them the land of Canaan, they would destroy its cities (Num 21:2). Jephthah

vowed that if God would bring him home victorious, he would offer as a

sacrifice whatever first came out of his house when he returned (Judg 11:30-40).

Hannah vowed that if God would give her a son, she would dedicate him to God

(1 Sam 1: 11). In addition, the Psalms include many texts associated with making

andfulfillingvows(Pss22:22-31; 50:14-15; 56:12-13; 61:8; 65:1-4; 66:13-20;

116:12-14).

Much of the information concerning vows is in the Pentateuch. Everything

offered in fulfillment of a vow was to be of the highest quality (Lev 22:17-25).

The vow of valuation allowed one person to vow another person, an animal, a

building, or a portion of land, but then redeem what had been vowed by paying

sacrifice was considered an offering to God.

 

8 Jastrow, Dictionary, 1335.

9 The text of the Hebrew Bible used for this study is the Hebrew-Aramaic text of

E. Elliger and W. Rudolph, Biblia Hebraica Stuttgartensia (Stuttgart: Deutsche Bibel-

stiftung, 1977), and the Greek text of Alfred Rahlfs, Septuaginta (Stuttgart: Deutsche

Bibelgesellschaft, 1935). English quotations are taken from The New Oxford Annotated

Bible with the Apocryphal/Deuterocanonical Books: New Revised Standard Version (ed.

B. Metzger and R. Murphy; New York: Oxford University Press, 1991).

10 F. W. Cartledge, "Vow," The International Standard Bible Encyclopedia (rev.

G. W. Bromiley; 4 vols.; Grand Rapids: Eerdmans, 1979-1988) 4:998-999; idem, Vows

in the Hebrew Bible and the Ancient Near East (JSOT Supplement Series 147; Sheffield:

JSOT Press, 1992).



196                             RESTORATION QUARTERLY

 

what it was worth to the priests (Lev 27:1-33). Whether made by a man or a

woman, vows were absolutely binding (Num 30: 1-2). However, a vow made by

an unmarried woman could be annulled the same day by her father, and a vow

made by a married woman could be annulled the same day by her husband (Num

30:3-16). Vows were to be fulfilled at the place God chose: the temple in

Jerusalem (Deut 12:6-18). Payment ofa vow was not to be made with money

obtained by immoral means (Deut23: 18); and even though vows were voluntary,

they were most serious:

If you make a vow to the LORD your God, do not postpone fulfilling it;

for the LORD your God will surely require it of you, arid you would

incur guilt. But if you refrain from vowing, you will not incur guilt. Whatever

your lips utter you must diligently perform, just as you have freely vowed

to the LORD your God with your own mouth (Deut 23:21-23).

 

The most notable vow of abstinence is the Nazirite vow. It required a

person to abstain from grape products, from cutting the hair, and from contact with

the dead (Num 6:1-21; Judg 13:4-5; 1 Sam 1:11; Amos 2:11-12). Another negative

vow is the vow made by David that he would not enter his house, go to bed, or

sleep until he had found a place for God's house (Ps 132:1-5). Also worth

considering is an oath imposed by Saul upon Israel (1 Sam 14:24-45), when Saul

laid an oath on the people, saying, "Cursed be anyone who eats food before it is

evening" (1 Sam 14:24).

Later passages suggest that vows created practical difficulties and conflicts

with the Law. Vows resulted in promises people failed to fulfill (Mal 1:14). The

author of Ecclesiastes advises: "When you make a vow to God, do not delay

fulfilling it; for he has no pleasure in fools. Fulfill what you vow. It is better that

you should not vow than that you should vow and not fulfill it" (Eccl 5:4-5).

Similarly, the book of Sirach teaches: "Let nothing hinder you from paying a

vow promptly, and do not wait until death to be released from it. Before making

a vow, prepare yourself; do not be like one who puts the Lord to the test" (Sir

18:22-23).

IV. Qumran

The most relevant source from Qumran is the Damascus Document (CD).11

Two incomplete medieval copies of this document were discovered in an old

Cairo synagogue in 1896. Extensive fragments of the document were later found

 

11 The text used for this study is The Dead Sea Scrolls: Hebrew. Aramaic and Greek

Texts with English Translations (ed. J. Charlesworth; 10 vols.; Louisville: Westminster/

John Knox, 1994-) vol. 2: Damascus Document, War Scroll, and Related Documents.

English quotations are from The Complete Dead Sea Scrolls in English (ed. G. Verines;

New York: Penguin, 1997).



BAILEY NOWING A WAY THE FIFTH COMMANDMENT      197

 

in Caves 4,5, and 6 at Qumran. The oldest fragments date from the early first

century BCE. The most important text for this study begins at CD 16:6 and

continues to CD 9:1.12

And concerning the saying, "You shall keep your vow by fulfilling it (Deut

23:24 )," let no man, even at the price of death, annul any binding oath by which

he has sworn to keep a commandment of the Law. But even at the

price of death, a man shall fulfill no vow by which he has sworn to depart

from the Law. Inasmuch as He said, "It is for her husband to cancel her

oath (Num 30:9)," no husband shall cancel an oath without knowing

whether it should' be kept or not. Should it be such as to lead to

transgression of the Covenant, he shall cancel it and shall not let it be kept.

The rule for her father is likewise. No man shall vow to the altar anything

unlawfully acquired. Also, no Priest shall take from Israel anything unlawfully

acquired. And no man shall consecrate the food of his house to God, for it is

as he said, "Each hunts his brother with a net (Mic 7:2)." Let no man consecrate

. . . . And if he has consecrated to God some of his own field. ..he who has

made the vow shall be punished. . . . Every vow by which a man vows another

to destruction by the laws of the Gentiles shall himself be put to death.

 

This passage emphasizes the solemn nature of oaths and vows. It allows for

annulment of vows of women that violate the law. It prohibits vows that dedicate

wrongfully acquired property. It forbids vowing or consecrating personal

property to affect others negatively. And it condemns the practice of vowing

another person to destruction. The entire passage is based on Deut 23:21-23

(Matt 23:22-24) and Num 30:2-15 (Matt 30:3-16). However, the texts from the

Hebrew Bible have been paraphrased, and the terms for oath and vow are used

interchangeably. In addition, CD 16:6-18 uses Mr,H, ("something consecrated,

dedicated, removed from profane use, vow"), hbAdAn; ("freewill-offering, dona-

tion"), wDeqi ("sanctify, consecrate, dedicate"), MUq ("swear, vow"), hfAUbw;

("oath"), and fbawA ("swear, take an oath").13

The text upholds the inviolability of the Law, requiring individuals to pay

the price of death rather than transgress a commandment. The text does address

the annulment of oaths and vows made by women, but any such annulment is

limited only to oaths or vows that violate the community's covenant. Significant

for this study are the admonitions concerning unacceptable vows, particularly the

ruling "No man shall consecrate the food of his house to God, for it is as he said,

 

12 D. Dimant, "Qumran Sectarian Literature," Jewish Writings of the Second Temple

Period: Apocrypha, Pseudepigrapha, Qumran Sectarian Writings, Philo, Josephus (ed.

M. Stone; CRINT; Philadelphia: Fortress, 1984) 490-97. Manuscript evidence from

Qumran indicates that CD 16 originally was followed by CD 9. See Charlesworth and

Vermes.

13 BDB, Lexicon, 355, 356, 21,872, 873; Jastrow, Dictionary, 503, 504, 877, 1319,

1320.



198                 RESTORATION QUARTERLY

 

‘Each hunts his brother with a net' (Mic 7:2)." The prohibition is supported by

a quotation from Mic 7:2: Mr,H, UdUcyA Uhyfere tx, wyxi. In CD 16:15, the noun

Mr,He should be understood as "something consecrated, dedicated; vow;" rather

than the homonym meaning "trap, net, snare." According to Fitzmyer, the text

forbids "the dedication of any food to God so that it might not be used to help

one's neighbor."14

 

V. Philo

Philo of Alexandria, who lived from about 20 BCE to 50 CE, provides still

another link in the tradition concerning vows.15 He regularly uses eu]xh< and

eu@xomai for "vow.”16 His most extensive treatment of vows occurs in On the

Special Laws. In 1.247-54 he discusses the 'great vow' of the Nazirite. In

2.1-38 he discusses rash oaths and vows, oaths and vows of women, and vows

of valuation, all under the category eu]orki<a, "fidelity to one's oath, the duty of

keeping oaths.”17 In 2.16 he comments on people who make oaths that negatively

affect others. Here Philo uses o!rkoj, "oath," rather than eu]xh<, "vow." But he

often uses the terms interchangeably, and his statements in this text show how

negative oaths or vows affecting others could be made by Jews in his time

contrary to the law or good moral judgment:

But there are some who, either because through excessive moroseness their

nature has lost the sense of compassion and fellow-feeling or because they

are constrained by anger which rules them like a stem mistress, confirm the

savagery of their temper with an oath. They declare that they will not

admit such and such a person to their board or under their roof, or again,

that they will not render assistance to so and so or accept anything from

him till his life's end. Sometimes they carry on their vindictiveness after

that end has come and leave directions in their wills against even

granting the customary rites to the corpse.

 

Although the practice was not considered acceptable by Philo, this example

provides evidence that oaths, and probably also vows, were used by Jews in his .

 

14 J. Fitzmyer,"The Use of Explicit Old Testament Quotations in Qumran Literature

and in the New Testament," New Testament Studies 7 (1961) 323. See also L. Schiffman,

"The Laws of Vows and Oaths in the Zadokite Fragments and the Temple Scroll," Revue

de Qumran 15 (1991-1992) 199-214.

15 The Greek and English texts used for this study are from F. H. Colson, G. H.

Whitaker, and R. Marcus, Philo (Loeb Classical Library, 10 vols.; Cambridge: Harvard

University Press, 1929-1962).

16 Philo, Allegorical Interpretation 1.17; 2.63; On the Unchangeableness of God 87;

On Husbandry 175; On Drunkenness 2; On Mating with the Preliminary Studies 99; On

Flight and Finding 115; Life of Moses 1.252; On the Decalogue 126; et al. See also

Eusebius, Preparation for the Gospel 8. 7.

17 LSJM, Lexicon, 725.



BAILEY NOWING A WAY THE FIFTH COMMANDMENT      199

 

day to prohibit individuals from receiving any assistance from the one who made

the oath or vow.

VI. Archaeological Evidence

Two archaeological discoveries provide valuable information regarding the

Jewish practice of making vows during the Second Temple period. In each case

the term Nbrq was used to deny others the use of something by declaring an

object to have the status of a consecrated offering.

The first discovery is a fragment of a stone vessel recovered from an

excavation of a first-century-BCE Herodian street near the Temple in Jerusalem.18

The vessel, found among coins and other vessels, bears the inscription Nbrq

most likely representing the Hebrew noun NBAr;qA. Along with this inscription is

a carved depiction of two birdlike figures, suggesting some connection with the

offering of two doves or pigeons (Lev 12:8). The vessel's inscription and its

discovery along with coins indicate that its use was similar to the practice

debated in the following passage from the Mishnah:

Any coins that are found are deemed unconsecrated, even if it was a golden

denar found with silver coins. If a potsherd was found with them and on it

was written 'Tithe,' they must be deemed (Second) Tithe (redemption

money). If a man found a vessel and on it was written "Korban," R. Judah

says: If it was of earthenware the vessel is to be deemed unconsecrated but

its contents Korban; and if it was of metal it is to be deemed Korban but its

contents unconsecrated. They said to him: It is not the way of men to put

what is unconsecrated into what is Korban (m. Ma'aser Sheni 4:9-10).19

 

The second discovery is an ossuary found southeast of Jerusalem.2O On the

ossuary lid, written in a Herodian script from the end of the first century BCE, is

the Aramaic inscription: hvgbd Nm hlx Nbrq hd FtlHb hnhtm wnx yd lk

("Everything that a man will find to his profit in this ossuary (is) an offering to

God from the one within it).”21 According to Milik, NBar;qA is used as a male-

diction or imprecation toward others.22 Fitzmyer claims the term still means

"offering," but is used here as "a warning that whatever of value is in the ossuary

 

18 B. Mazar, "The Excavations South and West of the Temple Mount in Jerusalem:

The Herodian Period," Biblical Archaeologist 33 (1970) 55.

19 H. Danby, The Mishnah (Oxford: Oxford University Press, 1933).

20 J. Milik, "Trois tombeaux juifs recemment decouverts au Sud-Est de Jerusalem,"

Studii Biblici Franciscani Liber Annuus 7 (1956-1957) 232-39; J. A. Fitzmyer, "The

Aramaic Qorban Inscription from Jebel Hallet et- Turi and Mark 7.11 /Matt 15.5," JBL

78 (1959) 60,-65. See also J. A. Fitzmyer and D. J. Harrington, A Manual of Palestinian

Aramaic Texts (Rome: Biblical Institute, 1978) 168-69,222-23.

21 Fitzmyer and Harrington, A Manual of Palestinian Aramaic Texts, 168-69.

22 Milik, "Trois tornbeaux juifs," 235, 238, 239.



200                 RESTORATION QUARTERLY

 

has been dedicated to God and is not intended for any profane use.”23

Significantly, the tenn NBar;qA did not transfer the ossuary or its contents to the

temple. Rather, this vow fonnula was used simply to declare something to be

sacred and thus prohibit others from using it or obtaining benefit from it in any

way.

VII. The New Testament

        The practice of vowing is not common in the NT.24 The verb eu@xomai is not

used meaning "vow," but only "pray" or "wish" (Acts 26:29; 27:29; Rom 9:3;

2 Cor 13:7, 9; Jas 5: 16; 3 John 2). The noun eu]xh< is used once meaning "prayer"

(Jas 5:15) and twice meaning "vow" (Acts 18: 18; 21:23).25 References to oaths

are more common. The noun o@rkoj, "oath," occurs ten times, and the verb

o]mnu<j, "swear, take an oath," occurs twenty-six times.26 Most significantly, with

the exception of oaths made by God or an angel, swearing of oaths is always

portrayed in the NT as an undesirable act. Other significant terms include

a]na<qema ("anything dedicated, a curse") and a]naqemati<zw ("curse, bind with

an oath”).27

The one clear NT example of a negative vow forbidding the use of some-

thing by others is in Matt 15:3-6 and Mark 7:9-13. Here Jesus speaks to some

Pharisees about a conflict between their oral tradition and the Scriptures. The key

sentence occurs in Matt 15:5 andMark7:11-12. It describes a practice by which

a son could make a vow prohibiting his parents from receiving any benefit from

him, thus exempting him from honoring them with material support. This

violated not only the commandment to honor one's parents (Exod 20:12; Deut

5:16) but also the commandment not to speak evil of one's parents (Exod 21:17;

Lev 20:9). According to both Matthew and Mark, Jesus accused the Pharisees

of upholding the validity of such a vow that would prevent a person from doing

anything for his parents.

 

23 Fitzmyer and Harrington, A Manual of Palestinian Aramaic Texts, 222.

24 The Greek text used for this study is The Greek New Testament (4th ed., B. Aland,

K. Aland, J. Karavidopolous, C. Martini, and 8, Metzger; Stuttgart: Deutsche Bibel-

geselschafi, 1993). English quotations are from The New Oxford Annotated Bible with the

Apocryphal Deuterocanonical Books: New Revised Standard Version, ed. B. Metzger and

R. Murphy (New York: Oxford University Press, 1991).

25 BAGD, Lexicon, 329.

26 BAGD, Lexicon, 565,566,581. See also: evopKi«u, "cause someone to swear";

e]corki<zw "charge under oath"; and o]rki<cw, "cause someone to swear"; o]rkwmosi<a,

"oath, taking an oath."

27 LSJM, Lexicon, 104-5; BAGD, Lexicon, 54. See Acts 23:12; Rom 9:3.



BAILEY VOWING AWAY THE FIFTH COMMANDMENT       201

 

Matt 15:3-6                                                   Mark 7:9-13

3) He answered them, "And why                  9) Then he said to them, "You have a

do you break the commandment                  fine way of rejecting the

of God for the sake of your              commandment of God in order to

tradition?                                                        keep your tradition!

4) For God said, 'Honor your                       10) For Moses said, 'Honor your

father and your mother,' and                         father and your mother,' and

'Whoever speaks evil of father or                'Whoever speaks evil of father or

mother must surely die.'                               mother must surely die.'

5) But you say that whoever tells                 11) But you say that if anyone tells