b. Tobit says he gave one tenth to the priests, one tenth he sold and spent at Jerusalem, i.e. commuted according to Deu_14:24-25, and another tenth he gave away (Tob_1:7-8).
c. Jerome says one tenth was given to the Levites, out of which they gave one tenth to the priests (
äåõôåñïäåêÜôç
); a second tithe was applied to festival purposes, and a third was given to the poor (
ðôù÷ïäåêÜôç
) (Corm. on Ezekiel 45:1, 565). Spencer thinks there were three tithes. Jennings, with Mede, thinks there were only two complete tithes, but that in the third year an addition of some sort was made (Spencer, De Leg. Hebr. p. 727; Jennings, Jewish Ant. p. 183). On the other hand, Maimonides says the third and sixth years second tithe was shared between the poor and the Levites, i.e. that there was no third tithe (De Jur. Paup. 6:4). Selden and Michaelis remark that the burden of three tithes, besides the first-fruits, would be excessive. Selden thinks that the third year's tithe denotes only a different application of the second, or festival, tithe, and Michaelis that it meant a surplus after the consumption of the festival tithe (Selden, On Tithes, 2, 13; Michaelis, Lawus of Moses, § 192, 3, 143, ed. Smith). Against a third tithe may be added Reland, Ant. Hebr. p. 359i Jahn, Ant. § 389; Godwyn, Moses and Aaron, p. 136, and Carpzov, p. 621,622; Keil, Bibl. Arch. § 71, 1, 337; Saalschütz, Hebr. Arch. 1, 70; Winer, Realwörterb. s.v. “Zehnte.”
Of these opinions, that which maintains three separate and complete tithings seems improbable as imposing an excessive burden on the land, and not easily reconcilable with the other directions; yet there seems no reason for rejecting the notion of two yearly tithes when we recollect the especial promise of fertility to the soil conditional on observance of the commands of the law (Deuteronomy 28). There would thus be, (1) a yearly tithe for the Levites; (2) a second tithe for the festivals, which last would, every third year, be shared by the Levites with the poor. It is this poor man's tithe which Michaelis thinks is spoken of as likely to be converted to the king's use under the regal dynasty (1Sa_8:15; 1Sa_8:17; Michaelis, Laws of Moses, 1, 299). Ewald thinks that under the kings the ecclesiastical tithe system reverted to what he supposes to have been its original free-will character.
II. Classification of and Later Legislation upon the Tithes. — It will be seen from the above description that the tithes are divisible into four classes. As the anxiety to pay them properly called forth more minute definitions and further expansions of the Pentateuchal enactments, we shall give the most important practices which obtained during the second Temple in connection with each of these four classes of tithes.
1. The Levitical, or first, tithe (
îִòֲùֵׂø øַàùׁåֹï
). This tithe was paid after both the first-fruit (
áַּáּåּøַéí
) and the priestly heave-offering (
úְּøåּîָä
) had been separated, the amount of which, though not fixed in the Mosaic law, was generally one fiftieth of the produce (comp. Exo_23:19; Deu_26:1, etc., with Mishna, Bikkurim; Num_18:8; Deu_18:4, with Mishna, Terumoth, 3, 7; 4:3; Maimonides, Iad Ha-Chezaka, Hilchoth Alathanuth Anjim, 6:2). As the Mosaic law does not define what things are subject to this tithe, but simply says that it is to consist of both vegetables and animals (Lev_27:30 sq.), the Jewish canons enacted that as to the produce of the land “whatsoever is esculent, though still kept in the field, and derives its growth from the soil, is tithable; or whatsoever may be eaten from the commencement to the completion of its growth, though left in the field: to increase in size, is tithable, whether small or great; and whatsoever cannot be eaten at the beginning, but can only be eaten at the end of its growth, is not tithable till it is ripe for food” (Mishna, Maaseroth, 1, 1). It will be seen that this definition embraces even the smallest kitchen herbs and aromatic plants; and that it explains the remark of our Savior that tithe was paid of mint, dill, and cummin, which he, however, did not condemn, but, on the contrary, said, “These ought ye to have done” (Mat_23:23; Luk_11:42; comp. Mishna, Maaseroth, 1, 2-8).. The animals subject to this ‘Levitical tithe are still more indefinitely described in the Pentateuchal statute, which simply says, “As to all the tithe of herds and flocks, whatsoever passeth under the rod, the tenth shall be holy unto the Lord” (Lev_27:32).
It will be seen; that this law does not say whether the tenth is to be paid of the newly born animals, whether it includes those newly purchased or exchanged, whether it is payable if a man has less than ten cattle, or at what age of the animals the tithe becomes due. The spiritual heads of the people had therefore most minutely to define these points so as to make the tithal law practicable. Hence the following canons obtained: All animals are tithable except those which are born of heterogeneous copulation (comp. Deu_22:9), which are damaged, which have come into the world irregularly, or which are bereaved of their mother; which have been purchased or received as presents. They are only tithable when there are ten newly born of the same kind, so that the offspring of oxen and small cattle must not be put together to make up the requisite number, nor are even those to be put together which are born in different years, though they belong to the same kind. Sheep and goats may be tithed together, provided they have all been born in the same season (Mishna, Bekoroth, 9:3, 4). The tithing is to take place three times in the year, about fifteen days before each of the three great festivals-viz. (a) on the first of Nisan, being fifteen days before Passover; (b) on the first of Sivan, being only five days before Pentecost, because the small number of animals born between these two festivals could not suffice for the celebration of Pentecost if the second tithe term were to be fifteen days before this festival; and (c) on the twenty-ninth of Elul instead of the first of Tisri, which is, properly speaking, fifteen days before Tabernacles, because the first of Tisri is the Feast of Trumpets, or New Year. SEE FESTIVAL.
Those which were born in the month of Elul were tithed by themselves (ibid. Rosh hash-Shanah, 1, 51 with Bekoroth, 9:5,6). On each of the three occasions the herds of every owner extending over a pasture- ground not exceeding sixteen Roman miles were collected together into one fold, while those beyond the prescribed limits formed a separate lot. In the pen wherein the herd was thus gathered a small door was made which only admitted of one animal going out at a time, and the owner placed himself at this narrow opening, holding a rod or staff in his hand wherewith he counted each animal as it made its exit from the fold till be came to the tenth, which he marked with red color, saying, “This is the tithe” (ibid. Bekoroth, 10:7). The command “whatsoever passeth under the rod” (Lev_27:32) was thus literally carried out.
2. The priestly tithe, also called tithe of the tithe (
äִîִּòֲùֵׂø îִòֲùֵׂø äִîִּòֲùֵׂø
îִòֲùֵׂø îַï
, Num_18:26); the heave-offering of the tithe (
úְּøåּîִú îִòֲùֵׂø
),
ἀðáñ÷ῆò ἀðáñ÷ή
; (Philo, De Nom. Mut.), or
äåõôåñïäåêÜôáé
(Jerome, on Ezekiel 45). This tithe had to be separated by the Levite from the tenth he had received from the Israelite. It had to be given to the priests in Jerusalem (Neh_10:38) before the Levite could use the rate paid to him. It had, moreover, to be a tenth part of the very tithe which the Levites received, and was therefore subject to the same laws and regulations to which the Levitical tithe was subject. After the Babylonian captivity, when the Levitical tithe was divided (see below), this so-called tithe of tithes necessarily ceased. Hence the priests, instead of receiving a tenth of the Levitical tithe as heretofore, took their share directly from the people (Heb_7:5). SEE SCRIBE.
3. The second tithe (
îִòֲùֵׂø ùֵׁðַé
,
äåõôåñïäåêÜôç
). This festival tithe could not be sold, nor given or received as a pledge, nor used as weight, nor exchanged, but might be given away as a present (Mishna, Maaser Sheni, 1, 1). If the distance to the national sanctuary was so great as to preclude the possibility of conveying it in kind, it might be converted into specie, and the money could only be expended in the metropolis in ordinary articles of food, drink, and ointment for the festival meals or festival sacrifices which were eaten at these social repasts (
æַáְçֵé ùְìֹîַéí
, ibid. 1, 7; 3, 2; Chagigth, 1, 3). There were storehouses (
àåֹöָøåֹú ìָùְׁëåֹú
) in. one part of the Temple, under the superintendence of priests and Levites, in which the tithe was kept (2Ch_31:11-14; Neh_10:38-39; Neh_12:44; Neh_13:12; Josephus, Ant. 20:8,8). The triennial, or poor, tithe (
òָðַé
îִòֲùֵׂø
,
ðôù÷ïäåêÜôáé
), also called the third tithe (
îִòֲùֵׂø ùְׁìַééùַׁé
,
ἡ ôñßôç äåêÜôç
, Tob_1:7; Josephus, Ant. 4:8,22), and the second tithe (
äåýôåñïí ἐðéäἐêáôïí
, Sept., Deu_26:12), because it was properly the second tithe converted into the poor tithe, to be given to and consumed by the poor at home, instead of conveying it to the metropolis to be eaten by the owner. As every seventh year was a fallow year not yielding a regular harvest, it was enacted that the second tithe should be eaten in Jerusalem by the owner thereof and his guests in the first, second, fourth, and fifth years of the septennial cycle, and be given to the poor in the third and seventh years.
It will thus be seen that the whole series of taxes reached its completion at the end of every third and seventh year, or on the eve of Passover of the fourth and seventh y-ears. Hence it is that the third year is denominated the year of tithe (
ùְׁðִú äִîִּòֲùֵׂø
) i e. when all the tithes had taken their rounds (Deu_26:12), and not because, as some critics will have it, the annual tithe of the earlier legislator, was afterwards changed by the Deuteronomist into a triennial tithe Hence, too, the spiritual heads of the Jewish people in and before the time of Christ constituted and denominated the Preparation Day of Passover of the fourth and seventh years a day of searching and removal (
áòåø
) in accordance with Deu_26:12 (Mishna, Maaser Sheni, 5, 6), when every Israelite had to separate all the tithes which he ought to have paid in the course of the three years, but which, either through negligence or through some untoward circumstances, he had failed to do. At the evening sacrifice on the last day of Passover, every pilgrim, before preparing to return home, had to offer a prayer of confession, in accordance with Deu_26:13. As this confession (
åãåé
) is an expansion and traditional exposition of Deu_26:13-15,which accounts for the Chaldee and other versions of the passage in question, we give it entire: “I have removed the hallowed things from the house” (i.e. the second tithe and the quadrennial fruit [Lev_19:23, etc.]);'” have given it to the Levite” (i.e. the Levitical tithe); “and-also given it” (i.e. the priestly offering and the priestly tithe) “to the stranger, to the fatherless, and to the widow” (i.e. the poor tithe)... “from the house” (i.e. from the dough [comp. Num_15:17, etc.]) “according to all thy commandments which thou hast commanded me” (i.e. not given the second tithe before the first). “I have not transgressed thy commandments” (i.e. not paid one kind for the other, the cut for the standing, the standing for the cut, the new for the old, nor the old for the new). “I have not forgotten” (i.e. to thank thee and to remember thy name thereby). I have not eaten thereof in my mourning; I have not given thereof to the dead” (i.e. for coffins, shrouds, or..mourners). “I have hearkened to the voice of the Lord my God” (i.e. have taken it to the chosen sanctuary). “I have done all that thou hast commanded me” (i.e. have rejoiced and caused others to rejoice therewith), etc. (Mishna, Maaser Sheni, 5, 10-13). In the two years of the septennial cycle, when the second tithe was converted into the poor tithe, there was no additional second tithe, inasmuch as the poor tithe took its place (Maimonides, Iad ha-Chezaka, Hilchoth Mathanuth Anjin, 6:4).
The poor could go into a field where the poor tithe was lying and demand of the owner to satisfy their wants. The minimum quantity to be given to them was defined as follows : If the tithe be of wheat, I cab; barley, 1 cab; spelt; 1 cab; lenten-figs, 1 cab; cake-figs, the, weight of 25 sicli; wine, I log; oil, log; rice, cab; olives, 1 pound; pulse, 3 cabs; nuts, 10 nuts; peaches, 5 peaches; pomegranates, 2; citrons, 1; and if. of any other fruit, it shall not be less than may be sold for such a sum as will buy food sufficient for two meals. If the owner's means are slender and the poor so numerous that he is unable to give to each the specified measure, he is to produce the whole tithe and place it before them so that they may divide it among themselves. The owner may only give one half of the tithe to his own poor relatives, and the other he must distribute among the poor generally. If a man and woman apply together, the woman is to be satisfied first. No debts are allowed to be paid out of the poor tithe, nor a recompense to be made for benefits, nor captives redeemed, nor is it to be devoted to nuptial feasts or alms, nor is it to be taken out of Palestine into a foreign land (Maimonides, ibid. 6:7-17). Though no tithes were paid in Palestine in the sabbatical year, when all was in common, SEE SABBATICAL YEAR, yet the land of Egypt, Ammon, and Moab had to pay them for the support of the poor of Israel, because, the Sabbath of the soil was not observed in these countries, while the Babylonians had to pay the second tithe (Mishna, Yadaim, 4:3; Maimonides, Iad Ha-Chezaka, Hilchoth Mathanuth Anjim, 6:5).
III. Oriyin and Observance of the Tithal Law. — Without inquiring into the reason for which the number ten (q.v.) has so frequently been preferred as a number of selection in the cases of tribute-offerings (Philo derives
äÝêá
from
äÝ÷åóèáé
[De X. Orac. 2, 184]), both sacred and secular, voluntary and compulsory, we must remark that the practice of paying tithes obtained among different nations from the remotest antiquity. Thus the ancient Phoenicians and the Carthaginians sent tithes annually to the Tyrian Hercules (Diod. Sic. 20:14; Justin, 18:7); the southern Arabians could not dispose of their incense before paying a tenth thereof to the priests at Sabota in. honor of their god Sabis (Pliny, Hist. iat. 12:32); the ancient Pelasgians paid a tithe of the produce of the soil and the increase of their herds to their deities (Dionys. Halic. 1, 19, 23, etc.); and the Hellenes consecrated to their deities a tenth of their annual produce of the soil (Xenoph. Hellen. 1, 7, 10), of their business profits (Herod. 4:152), of confiscated estates (Xenoph. Hellen. 1, 7, 10), of their spoils (Herod. 5, 77; 9:81; Xenoph. A nab. 5, 3, 4; Hellen. 1.5 3, 21; Diod. Sic. 11:33; Pausan. 3, 18, 5; 5, 10, 4; 10:10, 1;
ôὰò äåêÜôáò ôῶí ðåñéãéíïìÝíùí ôïῖò èåïῖò êáèéåñïῦí
; Harpocration, s.v.
Äåêáôåýåéí
; and Knobel, Comment. on Lev_27:30). Among other passages the following may be cited: 1 Macc. 11, 35; Herod. 1, 89; 7:132; Diod. Sic. 5, 421 Pausan. 5, 10, 2; Justin, 20:3; Arist. (Econ. 2, 2; Livy, 5, 21; Polyb. 9:39; Cicero, Veirr. 2, 3, 6, and 7 (here tithes of wine, oil, and “minutse fruges” are mentioned); Pro Leg. Manil. 6; Plnt. Ages. ch. 19:p. 389; Pliny, Hist. Nat. 12:14; Macrob. Sat. 3, 6; Rose, Inscr. Gr. p. 215; Gibbon, 3, 301, ed. Smith; and a remarkable instance of fruits tithed and offered to a deity, and a feast made, of which the people of the district partool, in Xenoph. A nab. 5, 3; 9, answering thus to the Hebrew poor man's tithe feast mentioned above.
In Biblical history the two prominent instances of early occurrence are: 1. Abram presenting the tenth of all his property, according to the Syriac and Arabic versions of Hebrews 7 :and Bashi in his. Commentary, but, as the passages themselves appear to show, of the spoils of his victory, to Melchizedek (Gen_14:20; Heb_7:2; Heb_7:6; Josephus, Ant 1, 10, 2; Selden, On Tithes, ch. 1). 2. Jacob, after his vision at Luz, devoting a tenth of all his property to God in case he should return home in safety (Gen_28:22). These instances bear witness to the antiquity of tithes in some shape or other previous to the Mosaic tithe system. There can therefore be no doubt that, like many other Pentateuchal ordinances, the inspired legislator adopted the tithal law into the divine code because he found that, with some modifications, this primarily voluntary tax was a proper stipend for the servants of the sanctuary, and that it would, at the same time, be a means of promoting pilgrimage to the national sanctuary on the great festivals, and social intercourse between the rich and the poor.
During the monarchy, the payment of tithes was neglected, and it seems that the kings claimed them for themselves (1Sa_8:14-15; 1Sa_8:17; with 1 Macc. : 35). It was, however, re-established at the restoration of religion by the pious Hezekiah (2Ch_31:5-6; 2Ch_31:12), until after the return of the Jews from the Babylonian captivity (Neh_10:38; Neh_12:44; Neh_13:5; Neh_13:12), when material alterations and modifications were made in the tithal law owing to the altered state of the commonwealth and to the disproportion of the Levites and laymen. Only 341 or 360 Levites returned at first from the Babylonian captivity, with about 37,319 laymen; while with Ezra only 38 Levites came back, with 1496 laymen; and there can be but little doubt that the same disproportion continued among those who returned afterwards, as well as in the gradual and natural increase of the nation. There were thus 97 laymen to 1 Levite, while the tithe of 9 laymen amounted to as much as was left for each private family; and if we take 10 laymen to 1 Levite, as the latter had to pay a tenth to the priest, the tithe when duly paid by all the people yielded ten times as much as the Levites required. On the other hand, there were in Judaea, after the return from Babylon, a disproportionately large ‘number of priests, since, exclusive of those who had no register (Ezr_2:62), 4289 of them came with Zerubbabel-i.e. twelve or thirteen times more than Levites-and two whole families, besides separate individuals, came with Ezra. These could not possibly have subsisted upon the legal dues (Neh_10:36-39). In addition to the miserably provided priests, there were the 612 Nethinim who came back with Zerubbabel and Ezra (Ezr_2:58; Ezr_8:20; Neh_7:60), for whom no provision whatever existed. Ezra had therefore to take the superabundant tithe from the Levites for the support of the priests and the Nethinim. Hence Josephus distinctly tells us that the priests received tithes in later times (Life, 15; Ant. 11:5, 8; 20:8, 8; 9, 2; Apion, 1, 22).
It is this distribution of the Levitical tithe between the priests and the Levites which is evidently alluded to when the Talmud says that Ezra transferred the tithes from the Levites to the priests as a punishment for their tardiness in returning from exile (Kethuboth, 26 a; Cholin, 131 b; Yebamnoth, 86 b; Sotah, 47 b), for it could not possibly mean that he took the whole tithe away from the Levites, since that would be at variance with other records (comp. Ezr_10:38-39; Neh_13:10; Neh_13:13; Tobit 1, 7,-with Tossephoth oi Kethuboth, 26 a), and would leave the Levites wholly unprovided for, and visit the good Levites who did return with the punishment deserved by those who remained behind. It is, moreover, owing to this distribution of the Levitical tithe effected by Ezra that the tithe was afterwards divided into three portions, one of which was given by the owner to his friends the priests and Levites, the other was taken to the Temple storehouse, and the third portion was distributed in Jerusalem among the poor and the needy chaberim (
çáøéí
) =doctors of the law (Jerusalem Sotah, 9:11; Jerusalem Maaser Shemni, 5, 15; Babylon Yebamoth,86 b).
The board appointed to watch over the tithes, as well as the storehouses, which already existed in the time of Hezekiah for the reception of the tithes (2Ch_31:11-14), were now better organized than ever. To achieve the purpose intended by Ezra in the new division of the tithe, it was absolutely necessary that the collection and the distribution thereof should take place under the careful superintendence of a body consisting of both priests and Levites. Such a board was therefore duly appointed, and it was ordained that at least one portion of the tithes should be taken to Jerusalem for the support of the ministering Levites.
During the period of sacerdotal degeneracy and Grecian ascendancy in Palestine, the tithes were again discontinued; but at the rise of the Pharisees the strict payment of a tenth was made one of the two essential conditions exacted from every individual who desired to become a chaber (
çáø
)=member of this association. The reason for this is given in the article PHARISEE SEE PHARISEE
IV. Literature. —Mishna, tractates Maaseroth, Maaser Sheni, aind Bekoroth. 9:1-8; and the Gemaras on these Mishnas; Maimonides, Iad Ha- Chezaka, Hilchoth Mathanuth Anjim, 6:1-17; Hilchoth Maaser and M1aaser Sheni; Selden, The History of Tithes (1618); Hottinger, De Decimis Judaeorum (L. B. 1713); and other monographs cited by Volbeding, Index Programmatum, p. 170; Spencer, De Legibus Hebraeorum (Cantabrigie, 1727), lib. 3, c. 10; 2, 720, etc.; Michaelis, Commentaries on the Laws of Moses. (Engl. transl. London, 1814), art. 110, 102, 3, 141, etc.; Herzfeld, Gesch. des Volkes Israel (Nordhausen, 1855), 1, 62 sq., 138 sq.