The Works of Sir Thomas Browne, Volume 2
CHAPTER XIV
Of the Picture of _Jephthah_ sacryficing his daughter.
[Sidenote: _That_ Jephthah _did not kill his daughter_.]
The hand of the Painter confidently setteth forth the Picture of _Jephthah_ in the posture of _Abraham_, sacrificing his only daughter: Thus is it commonly received, and hath had the attest of many worthy Writers. Notwithstanding upon enquiry we find the matter doubtful, and many upon probable grounds to have been of another opinion: conceiving in this oblation not a natural but a civil kind of death, and a separation only unto the Lord. For that he pursued not his vow unto a literal oblation, there want not arguments both from the Text. [SN: Judg. 11.39] and reason.
For first, It is evident that she deplored her Virginity, and not her death; Let me go up and down the mountains, and bewail my Virginity, I and my fellows.
Secondly, When it is said, that _Jephthah_ did unto her according unto his vow, it is immediately subjoyned, _Et non cognovit virum_, and she knew no man; which as immediate in words, was probably most near in sense unto the vow.
Thirdly, It is said in the Text, that the daughters of _Israel_ went yearly to talk with the daughter of _Jephthah_ four dayes in the year; which had she been sacrificed, they could not have done: For whereas the word is sometime translated to lament, yet doth it also signifie to talk or have conference with one, and by _Tremellius_, who was well able to Judge of the Original, it is in this sense translated: _Ibant filii Israelitarum, ad confabulandum cum filia Jephthaci, quatuor diebus quotannis_: And so it is also set down in the marginal notes of our Translation. And from this annual concourse of the daughters of _Israel_, it is not improbable in future Ages, the daughter of _Jephthah_ came to be worshipped as a Deity; and had by the _Samaritans_ an annual festivity observed unto her honour, as _Epiphanius_ hath left recorded in the Heresie of the _Melchidecians_.
It is also repugnant unto reason; for the offering of mankind was against the Law of God, who so abhorred humane sacrifice, that he omitted not the oblation of unclean beasts, and confined his Altars but unto few kinds of Animals, the Ox, the Goat, the Sheep, the Pigeon and its kinds: In the cleansing of the Leper, there is I confess, mention made of the Sparrow; but great dispute may be made whether it be properly rendered. And therefore the Scripture with indignation oft-times makes mention of humane sacrifice among the _Gentiles_; whose oblations scarce made scruple of any Animal, sacrificing not only Man, but Horses, Lions, Ægles; and though they come not into holocausts, yet do we read the _Syrians_ did make oblations of fishes unto the goddess _Derceto_. It being therefore a sacrifice so abominable unto God, although he had pursued it, it is not probable the Priests and Wisdom of _Israel_ would have permitted it; and that not only in regard of the subject or sacrifice it self, but also the sacrificator, which the Picture makes to be _Jephthah_; who was neither Priest, nor capable of that Office: for he was a _Gileadite_, and as the Text affirmeth, the son also of an harlot. And how hardly the Priesthood would endure encroachment upon their function, a notable example there is in the story of _Ozias_.
Secondly, The offering up of his daughter was not only unlawful, and entrenched upon his Religion, but had been a course that had much condemned his discretion; that is, to have punished himself in the strictest observance of his vow, when as the Law of God had allowed an evasion; that is, by way of commutation or redemption, according as is determined, _Levit._ 27. Whereby if she were between the age of five and twenty, she was to be estimated but at ten shekels, and if between twenty and sixty, not above thirty. A sum that could never discourage an indulgent Parent; it being but the value of servant slain; the inconsiderable Salary of _Judas_; and will make no greater noise than three pound fifteen shillings with us. And therefore their conceit is not to be exploded, who say that from the story of _Jephthah_ sacrificing his own daughter, might spring the fable of _Agamemnon_, delivering unto sacrifice his daughter _Iphigenia_, who was also contemporary unto _Jephthah_: wherein to answer the ground that hinted it, _Iphigenia_ was not sacrificed her self, but redeemed with an Hart, which _Diana_ accepted for her.
Lastly, Although his vow run generally for the words, Whatsoever shall come forth, etc. Yet might it be restrained in the sense, for whatsoever was sacrificable, and justly subject to lawful immolation: and so would not have sacrificed either Horse or Dog, if they had come out upon him. Nor was he obliged by oath unto a strict observation of that which promissorily was unlawful; or could he be qualified by vow to commit a fact which naturally was abominable. Which doctrine had _Herod_ understood, it might have saved _John Baptists_ head; when he promised by oath to give unto _Herodias_ whatsoever she would ask; that is, if it were in the compass of things, which he could lawfully grant. For his oath made not that lawful which was illegal before: and if it were unjust to murther _John_, the supervenient Oath did not extenuate the fact, or oblige the Juror unto it.
Now the ground at least which much promoted the opinion, might be the dubious words of the text, which contain the sense of his vow; most men adhering unto their common and obvious acception. Whatsoever shall come forth of the doors of my house shall surely be the Lords, and I will offer it up for a burnt offering. Now whereas it is said, _Erit Jehovæ, et offeram illud holocaustum_, the word signifying both _et_ and _aut_, it may be taken disjunctively; _aut offeram_, that is, it shall either be the Lords by separation, or else, an holocaust by common oblation; even as our marginal translation advertiseth; and as _Tremellius_ rendreth it, _Erit inquam Jehovæ, aut offeram illud holocaustum_: and for the vulgar translation, it useth often _et_, where _aut_ must be presumed, as _Exod._ 21. _Si quis percusserit patrem et matrem_, that is, not both, but either. There being therefore two waies to dispose of her, either to separate her unto the Lord, or offer her as a sacrifice, it is of no necessity the later should be necessary; and surely less derogatory unto the sacred text and history of the people of God, must be the former.