Peter Pett's Commentary on the Bible
Nehemiah 10:35-39
Regulation In Respect Of Various Offerings (Nehemiah 10:35).
We do not know how far these offerings had been neglected. There is no reason for arguing that they had hitherto been unknown. Even granted that the Law had not been read out, some memory of them would have survived. But when they were living in Babylonia and elsewhere they would not have been observed, and the details may well have been forgotten by most. The priests, however, would undoubtedly have had a good knowledge of them (some who had served in the first Temple were still alive when the second Temple was built). Thus if there was a problem it was one of neglect or not paying heed to the priests, not one of total ignorance. But clearly the reading aloud of the Law had brought a number of things as reflected here, home to the listeners, and they now determined to be meticulous in meeting God's requirements.
‘And to bring the first-fruits of our ground, and the first-fruits of all fruit of all manner of trees, year by year, to the house of YHWH,'
They swore also that they would bring the first-fruit offerings which would benefit the priests (Exodus 23:19; Exodus 34:26; compare Deuteronomy 26:1, which, however, may have been once for all). Once again it may well be that these had been neglected, partly through ignorance, and partly though negligence.
In Exodus the firstfruits are stated to be ‘the firstfruits of your ground', but that necessarily includes fruit grown on trees which are rooted in the ground, in a similar way to that in which ‘the tithe of the land' was to include ‘the fruit of the tree' (Leviticus 27:30). Indeed Numbers 18:13 speaks of ‘whatever is first ripe in the land'. Here in Nehemiah all is made clear by speaking of ‘the first-fruits of all fruit of all manner of trees'. Trees were, however, a special case as their fruit in the first three years of their existence was not to be eaten, and all the fruit of the fourth year was YHWH's (Leviticus 19:23).
The term ‘house of YHWH' was regularly used of both the Tabernacle (Exodus 23:19; Exodus 34:26; Deuteronomy 23:18; Joshua 6:24; Jdg 19:18; 1 Samuel 1:7; 1 Samuel 1:24; 1 Samuel 3:15; 2 Samuel 12:20) and the Temple.
‘Also the first-born of our sons, and of our cattle, as it is written in the Law, and the firstlings of our herds and of our flocks, to bring to the house of our God, to the priests who minister in the house of our God,'
The law of the redemption of firstborn sons was also to be catered for. These had to be ‘redeemed' by a replacement sacrifice (Exodus 13:12; Exodus 34:19). The responsibilities for service in the Tabernacle had originally been theirs, but it been taken over by the Levites (Numbers 3:12). But their redemption was necessary as a reminder of how they firstborn had been spared in Egypt. It would appear that in the course of this they were to be presented before the priests in the house of God. The firstborn of the ‘clean' cattle, herds and flocks would themselves be offered as sacrifices. In the case of unclean animals, such as asses, they had either to be redeemed by offering a replacement sacrifice, or their necks had to be broken (being unclean they could not be offered to YHWH). These firstlings were to be brought to the Temple as ‘the house of our God'. Their flesh (but not their fat) was to be available, firstly for the benefit of the priests as with other offerings (Numbers 18:11), and secondly as something to be partaken in by all at a sacred feast when there was an abundance (Deuteronomy 12:17). Between Numbers 18 and Deuteronomy the situation had changed. Instead of struggling in the wilderness, with a long period of such struggling ahead, with tithes being limited, they were enjoying better pasturage and the fruitfulness of the promised land lay ahead. Thus it was recognised that there would be an abundance of tithes.
Some see ‘cattle, beast' here as signifying unclean animals which had to be redeemed in the same way as the firstborn sons (compare Numbers 18:15). But in Numbers the word ‘unclean' is included in order to distinguish between beast and beast. The argument is that that is why it says ‘as it is written in the Law' (per Leviticus 13:13). But it is unlikely that firstborn asses were presented before the priests, especially if their necks had been broken. Here the idea is of the presentation at the house of God of that which is hallowed by God.
‘And that we should bring the first-fruits (or ‘the best') of our dough (or ‘ground flour'), and our heave-offerings (of wheat and barley), and the fruit of all types of trees, the new wine and the oil, to the priests, to the chambers of the house of our God,'
We are not sure here of the significance and or meaning of one or two of the technical terms. ‘Firstfruits' is not the same word as that previously used for firstfruits and means ‘prime'. It could therefore refer to the ‘first' or it could signify the ‘best, choicest'. The word translated ‘dough' possibly means ‘ground flour'. In Numbers 15:19 a heave-offering is mentioned which is composed of the first/best of the dough (ground flour). It may be then that here we are to translate as ‘the best of our ground flour, even our heave-offerings' (of wheat and barley). In Ezekiel 44:30 that is for the priests, and resulted in a special blessing. The tithe of the tithes, which was for the priests, was also seen as a heave-offering (Numbers 18:24). They were called ‘heave-offerings because they were ‘waved' or ‘heaved' before YHWH. For ‘the first/best of the oil and wine' see Numbers 18:12. These were to be brought ‘to the priests, to the chambers of the house of our God' as was the tithe of tithes (Nehemiah 10:38).
The overall point behind all this is that God's servants are to be given the very best (of ‘necessities'), because thereby we are giving it to God.
‘And the tithes of our ground to the Levites; for they, the Levites, take the tithes in all the cities of our tillage.'
In contrast the tithes were to be brought, not to the house of God, but to the Levites, ‘in all the cities of our tillage', who would store them in their storehouses. These were to consist of one tenth of all produce, grain, fruit, wine and oil, and of all animals (Leviticus 27:30). Only one tenth of that tenth was brought to the priests (Nehemiah 10:38; Numbers 18:26). It is true that part of the tithe to the Levites, every third year, was to be for the poor (Deuteronomy 14:28). But given that the priests at this time considerably outnumbered the Levites (very few Levites had returned. In Nehemiah 7:39 there were 360 Levites who returned initially, compared with 4,289 priests, and few returned with Ezra - Ezra 8:15) it is quite clear that these proportions of nine tenths to the Levites and one tenth to the priests must have been determined long before, in a time when the situation was very different. In Numbers 3 there were 22,000 Levites (Numbers 3:39), and few priests (Numbers 3:2). The tithes were in fact the means of sustenance for the Levites as they served God in the Tabernacle/Temple (Numbers 18:21; Numbers 18:24). YHWH was their inheritance.
‘And the priest the son of Aaron will be with the Levites, when the Levites take tithes, and the Levites will bring up the tithe of the tithes to the house of our God, to the chambers, into the treasure-house.'
The provision of a priest to oversee the Levites in their work was a wise precaution. It would ensure that the Levites were not ‘overzealous' in their collection of tithe (they were collecting it for God). It would guard against possible misuse of the tithe. And it would act as a guarantee that the priests' share was correctly allocated. It was a wise precaution rather than an indication that the Levites were not trustworthy, for it would counter any suspicions that might be aroused.
Then, once the tithes were gathered, one tenth of what was gathered (the tithe of the tithe) was to be brought up to Jerusalem, ‘to the house of our God', and there it was to be placed in ‘the treasure house', the place provided in the Temple for storing valuable things (which would include the hides of sacrifices which belonged to the priests, and the Temple vessels). This one tenth was for the use of the priests.
‘For the children of Israel and the children of Levi will bring the heave-offering of the grain, of the new wine, and of the oil, to the chambers, where the vessels of the sanctuary are, and the priests who minister, and the porters, and the singers; and we will not forsake the house of our God.'
The final summing up oath is now given. They swear that the house of God will not be neglected. Both the children of Israel and the children of Levi (the Levites), will combine in bringing the heave offering of grain, wine and oil to the chambers in the Temple where the vessels of the sanctuary are, and where the priests who minister and the singers and the gatekeepers are. They will by no means forsake the house of their God. The mention of the singers and gatekeepers may suggest that they would be sharing in the priest's portion. This was a suitable note on which to end the agreement, confirming that, in all that they had promised, God and His house were central.