1Yahweh spoke to Moses, saying, 2“Moreover, you shall tell the children of Israel, ‘Anyone of the children of Israel, or of the strangers who live as foreigners in Israel, who gives any of his offspring to Molech shall surely be put to death. The people of the land shall stone that person with stones. 3I also will set my face against that person, and will cut him off from among his people, because he has given of his offspring to Molech, to defile my sanctuary, and to profane my holy name. 4If the people of the land all hide their eyes from that person when he gives of his offspring to Molech, and don’t put him to death, 5then I will set my face against that man and against his family, and will cut him off, and all who play the prostitute after him to play the prostitute with Molech, from among their people.
6“‘The person that turns to those who are mediums and wizards, to play the prostitute after them, I will even set my face against that person, and will cut him off from among his people.
7“‘Sanctify yourselves therefore, and be holy; for I am Yahweh your God. 8You shall keep my statutes, and do them. I am Yahweh who sanctifies you.
9“‘For everyone who curses his father or his mother shall surely be put to death. He has cursed his father or his mother. His blood shall be upon himself.
10“‘The man who commits adultery with another man’s wife, even he who commits adultery with his neighbor’s wife, the adulterer and the adulteress shall surely be put to death.
11“‘The man who lies with his father’s wife has uncovered his father’s nakedness. Both of them shall surely be put to death. Their blood shall be upon themselves.
12“‘If a man lies with his daughter-in-law, both of them shall surely be put to death. They have committed a perversion. Their blood shall be upon themselves.
13“‘If a man lies with a male, as with a woman, both of them have committed an abomination. They shall surely be put to death. Their blood shall be upon themselves.
14“‘If a man takes a wife and her mother, it is wickedness. They shall be burned with fire, both he and they, that there may be no wickedness among you.
15“‘If a man lies with an animal, he shall surely be put to death; and you shall kill the animal.
16“‘If a woman approaches any animal and lies with it, you shall kill the woman and the animal. They shall surely be put to death. Their blood shall be upon them.
17“‘If a man takes his sister—his father’s daughter, or his mother’s daughter—and sees her nakedness, and she sees his nakedness, it is a shameful thing. They shall be cut off in the sight of the children of their people. He has uncovered his sister’s nakedness. He shall bear his iniquity.
18“‘If a man lies with a woman having her monthly period, and uncovers her nakedness, he has made her fountain naked, and she has uncovered the fountain of her blood. Both of them shall be cut off from among their people.
19“‘You shall not uncover the nakedness of your mother’s sister, nor of your father’s sister, for he has made his close relative naked. They shall bear their iniquity. 20If a man lies with his uncle’s wife, he has uncovered his uncle’s nakedness. They shall bear their sin. They shall die childless.
21“‘If a man takes his brother’s wife, it is an impurity. He has uncovered his brother’s nakedness. They shall be childless.
22“‘You shall therefore keep all my statutes and all my ordinances, and do them, that the land where I am bringing you to dwell may not vomit you out. 23You shall not walk in the customs of the nation which I am casting out before you; for they did all these things, and therefore I abhorred them. 24But I have said to you, “You shall inherit their land, and I will give it to you to possess it, a land flowing with milk and honey.” I am Yahweh your God, who has separated you from the peoples.
25“‘You shall therefore make a distinction between the clean animal and the unclean, and between the unclean fowl and the clean. You shall not make yourselves abominable by animal, or by bird, or by anything with which the ground teems, which I have separated from you as unclean for you. 26You shall be holy to me, for I, Yahweh, am holy, and have set you apart from the peoples, that you should be mine.
27“‘A man or a woman that is a medium or is a wizard shall surely be put to death. They shall be stoned with stones. Their blood shall be upon themselves.’”
Judges 11 focuses on a "mighty man of valor" by the name of Jephthah, who was a Gileadite (v. 1). Since he was born of a prostitute he was disowned by his father's sons, his life looked dim. Yet the story tells us of his rise back to power and gratitude of the people of Israel to become their ruler. He is remembered, however, not for the difficulties in early life he had, or for his valor in war, leading Israel against their enemy, but for the story about a rash vow that he made to Yahweh, the God of Israel, of what he would perform for Yahweh should he win the battle. Did he truly kill his daughter as a sacrifice to Yahweh? There appear to be three different ways that we may understand this vow in Judges 11:30, 34-40.
1. Jephthah, in an immoral climate violated the law of God and killed his daughter since he has made a rash vow, and the daughter's remorse is over her death to come.
2. Jephthah, in an immoral climate did not violate the law of God, and even though he made this vow to God he chose not to perform the vow but committed her to life in the service of God.
3. Jephthah did not violate the law of God, but instead made a vow that should be understood as "or" so that he would either sacrifice whatever came out or what came out would be dedicated to the service of Yahweh. The girl spent two months in mourning because she would always be a virgin.
Let's look at each of these options.
1. For a vigorous defense of the view that Jephthah offered his daughter as a burnt offering in fulfillment of his vow may be found at George Foot Moore, A Critical and Exegetical Commentary on Judges, International Critical Commentary (New York: C. Scribner’s Sons, 1910), 304–305. He says, "The older Jewish and Christian interpreters, without exception, understood the words in their plain and natural sense; Jephthah fulfilled his vow by offering his daughter as a burnt-offering. George Foot Moore, A Critical and Exegetical Commentary on Judges, International Critical Commentary (New York: C. Scribner’s Sons, 1910), 304." Appearing to agree with Moore's conclusion, David Firth, says, quoting Baker, that modern persons might have difficulty with this any more than other moral issues present at the time in Israel. He says, "A moment’s reflection on the Jephthah story in Judges (Judg 10:6–12:7) quickly illustrates this point. The issue that troubles most modern readers is probably the sacrifice of his daughter (Judg 11:29-40), something that is reported but without any commentary at all.[26] But, as Baker argues,[27] the author of Judges does not moralize on a wide range of abuses prevalent among other peoples around Israel either, but expects that the way the story is told will speak for itself through the context provided and its aftermath. The narrator expects readers to discern why this behaviour is inappropriate without the need to make this explicit. [David G Firth (2020). (p. 8)." "New Studies in Biblical Theology: Including the Stranger: Foreigners in the Former Prophets." Retrieved from https://app.wordsearchbible.lifeway.com]
2. Some have interpreted Jephthah’s vow that whatever comes out of the doors as a clear intention to offer a human sacrifice (11:31). His surprise then is not that he had to sacrifice a human being, but that the unfortunate person was his daughter (11:34). The phrase "to meet me" seems to refer more appropriately to a human than to an animal, and it is difficult to see why Jephthah would mourn over fulfilling a vow to sacrifice an animal. However, In view of the rashness of the vow and the abhorrence of human sacrifice forbidden in Israel by Yahweh (Lev 18:21; 20:2; Deut 12:31; 18:10; Jer 19:5; Ezek 20:30, 31; 23:37, 39), it might have caused Jephthah to refrain from the sacrifice of his daughter, in spite of his vow to Yahweh. It is interesting that the text does not say that he actually killed his daughter, but only that he fulfilled his vow, somewhat unclear, followed by the words that "she was a virgin."
3. The third possible interpretation I find the most satisfying due to the ambiguity of the vow, the matter of the two months to mourn regarding the daughter's virginity, and not her death, and because the Hebrew grammar provides for an alternative. The first question, to me, is why would a ruler of the stature of Jephthah, who was declared a mighty man of valor and who asked for the help of Yahweh, offend God in a vow that would be contrary to unambiguous laws of Yahweh. The vow itself seems unclear if either a human or animal greets him first after a victory from Yahweh. Certainly, he indicates that he spoke too soon in expressing the vow, but would the idea of sacrifice be understood as a part of the vow?
Second, the response to the encounter with his daughter seems most unusual if her death by sacrifice is in view. Upon her greeting him he responds that she has brought him low and troubled him. This seems more for the loss of an heir than the loss of a daughter.
Third, he permits her request to spend two months mourning with her friends because of her virginity rather than being put to death. His response on her returning to her father for the fulfillment of the vow. The only statement is "she was a virgin." This seems to indicate a dedication to Yahweh in service, somewhat like Samuel, rather than being sacrificed on a pyre of wood.
Last of all, the Hebrew provides for the conjunction vav to be translated as "or" rather than "and," though the latter is more normal. But this is not a normal situation and the alternative of dedication to Yahweh in service, with husband or child, rather than dedication to Yahweh in death. The sense of the Hebrew, I believe, seems to be the following: “If you will indeed deliver the children of Ammon into my hand, then it shall be, that whatever comes out of the doors of my house to meet me when I return in peace from the children of Ammon, it shall be Yahweh’s, OR I will offer it up for a burnt offering.”1
I am pleased not only to be able to rely on Hebrew grammar for my conclusion, but the arguments of a Jewish Rabbi: Prof. Rabbi Jonathan Magonet, "Did Jephthah Actually Kill His Daughter?" ↩︎