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In Deuteronomy 12:21 G-d tells the Jewish people that when they arrive to their homeland and settle into the areas they will be assigned, "[t]hen you may slaughter of your herd and flock...as I have commanded you." Apparently this is a reference to a method of slaughter. Where is that commandment written down?

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Interesting. I see Rashi explains it was a portion of the oral law given to Moses. I assume you are looking for a more detailed analysis. ;) – Jon Ericson Mar 19 at 17:29
@JonEricson: I know Rashi's view, but if there is another answer, I'm interested, especially if there is a Christian pov. – Bruce James Mar 19 at 18:41
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@BruceJames, as you probably know, that the rabbis couldn't find it forms the basis of the interpretation repeated by Rashi that this is evidence for laws beyond those written in the torah. – Monica Cellio Mar 20 at 2:24
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Regarding some of the connections I've seen in the Midrash and Talmud, that the rabbis couldn't make a connection speaks volumes. – Frank Luke Mar 20 at 20:15

3 Answers

To quote Rashi, which you already know:

you may slaughter… as I have commanded you: We learn [from here] that there is a commandment regarding slaughtering, how one must slaughter. [Since this commandment is not written in the Torah we deduce that] these are the laws of ritual slaughtering given orally to Moses on [Mount] Sinai. — [Sifrei ; Chul. 28a]

But this seems strange to me: Deuteronomy 12:20-28 seems to be a restatement of Deuteronomy 15-19. In particular, verse 21 seems to refer back to verses 15-16:

However, in every desire of your soul, you may slaughter and eat meat in all your cities, according to the blessing of the Lord, your God, which He gave you; the unclean and the clean may eat thereof, as of the deer, and as of the gazelle. However, you shall not eat the blood; you shall spill it on the ground like water.—Deuteronomy 12:15-16 (Judaica Press Translation)

In the context of the chapter, offerings to the Lord must be made in the place where God chooses once the people of Israel settle across the Jordan. (That seems to have been Shiloh in the period of Joshua and Judges, but Jerusalem after David became king.) Altars to Canaanite gods were to be destroyed (see verses 2-4). Ritual killing of animals should not be done in the places where non-Israelites had sacrificed to their gods.

On the other hand, ordinary slaughter of animals could be done outside of the centralized place of worship. There's no particular restriction as long as the blood is drained from the animal, which is the restriction imposed on Noah and his descendants in Genesis 9. (For some reason, Rashi says that verse 12 refers to animals that were originally designated for sacrifice and later became blemished. I don't see any evidence for that in the text.)

Why two statements of the same thing?

But this interpretation leaves a small puzzle: why the repetition? Note that the first statement expresses a concern for the Levites, who do not receive an inheritance, but are given the fruit of the tithe. The concern seems to be that if people slaughter their animals at home instead of going to the temple, the Levites will not be provided for. So the first statement of the allowance ends with an admonition to not neglect the Levite.

The second statement begins with an acknowledgment that when the territory of Israel expands, some people will live further away from the sacrificial center than others. Rather than give up eating meat, those people should feel free to butcher animals where ever they live as long as they continue to follow the regulations that God has already given them. In this case, the concern is for the people who live in distant towns.

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I don't know if I sent these messages correctly the first time: What appear to be links in your first paragraph/quote are not coming through. – Sarah yesterday Also, I read your post after spending the day working on this issue. I dont know if you noticed the parallels to this passage in chapter 14 and 16 of Deuteronomy. I'm curious how you would interpret this passage in that light. – Sarah Mar 21 at 16:42
The links are a little slow for me, but they eventually go through to chabad.org. It's possible there's some sort of network issue between you're machine and theirs. I did get your ping yesterday. I haven't had time to consider the matter, however. – Jon Ericson Mar 21 at 16:56

In observing the passage, There are several phrases that are notably connected elsewhere in Scripture with tithe:

1) there you shall eat before the LORD your God,
2) you shall rejoice in all to which you have put your hand, /you shall rejoice before YHWH your God.
3) whatever your heart desires,
4) in which the LORD your God has blessed you./according to the blessing of the LORD your God which He has given you 5) you and your sons and your daughters, your male and female servants, and the Levite who is within your gates, since he has no portion nor inheritance with you.

These parallel passages are in:
Deuteronomy 14
Deuteronomy 16
Deuteronomy 26
Numbers 18

Observing where these phrases occur in other passages about tithe and observing where this "command" occurs in the text at hand leads me to suspect that the "command" you inquire about is the command to tithe, rather than a command about how to slaughter an animal.

YHWH seems to be concerned with the Israelites bringing their offerings and tithes etc. to the proper place at the proper times. He clarifies that that does not mean they may not eat meat normally within their own gates--so long as they eat their tithe before the Lord in the place He places His name, do not eat the tithe within their gates and do not forget the Levite every third year, but do according to all He commanded regarding tithe, then they can rejoice before the Lord and have his blessings.**

But if you still want to know about the slaughter itself, consider this. Instructions are provided for the priests in the Levitical law on how to slaughter the animal. If YHWH, in Deut. 12, gives instruction about how the meat is to be offered in the place God sets His name, but then qualifies that meat may be slaughtered within one's gates, then why would it be in inappropriate to apply the instruction as to the manner in which it would be slaughtered to both cases.

The instruction is very brief and repeated to cover various offerings and various animals:

Here are the passages:

Lev. 1:3 'If his offering is a burnt sacrifice of the herd, let him offer a male without blemish; he shall offer it of his own free will at the door of the tabernacle of meeting before the LORD. 4 Then he shall put his hand on the head of the burnt offering, and it will be accepted on his behalf to make atonement for him. 5 He shall kill the bull before the LORD;

Leviticus 3:2 And he shall lay his hand on the head of his offering, and kill it at the door of the tabernacle of meeting; and Aaron's sons, the priests, shall sprinkle the blood all around on the altar.
3:8 And he shall lay his hand on the head of his offering, and kill it before the tabernacle of meeting; and Aaron's sons shall sprinkle its blood all around on the altar.

3:13 He shall lay his hand on its head and kill it before the tabernacle of meeting; and > the sons of Aaron shall sprinkle its blood all around on the altar.

4:4 He shall bring the bull to the door of the tabernacle of meeting before the LORD, lay his hand on the bull's head, and kill the bull before the LORD.

Leviticus 4:24 And he shall lay his hand on the head of the goat, and kill it at the place where they kill the burnt offering before the LORD. It is a sin offering.

4:29 And he shall lay his hand on the head of the sin offering, and kill the sin offering at the place of the burnt offering.

4:33 Then he shall lay his hand on the head of the sin offering, and kill it as a sin offering at the place where they kill the burnt offering.

regarding birds:

Leviticus 1: 14'And if the burnt sacrifice of his offering to the LORD is of birds, then he shall bring his offering of turtledoves or young pigeons. 15 The priest shall bring it to the altar, wring off its head, and burn it on the altar; its blood shall be drained out at the side of the altar.

Leviticus 3:14 'And if the burnt sacrifice of his offering to the LORD is of birds, then he shall bring his offering of turtledoves or young pigeons. 15 The priest shall bring it to the altar, wring off its head, and burn it on the altar; its blood shall be drained out at the side of the altar.

Leviticus 8:15 The priest shall bring it to the altar, wring off its head, and burn it on the altar; its blood shall be drained out at the side of the altar.

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The fifth book of Moses is a "recap" or resummation, which is why the book is the "deuteronomy" of the Law of Moses. The following discussion will explain that there are no new (or missing) commandments.

If one looks at the first four verses of Deuteronomy, one can see that Moses compiled this fifth book during the last few weeks of the fortieth year of the wilderness wanderings.

1 These are the words which Moses spoke to all Israel across the Jordan in the wilderness, in the Arabah opposite Suph, between Paran and Tophel and Laban and Hazeroth and Dizahab.
2 It is eleven days’ journey from Horeb by the way of Mount Seir to Kadesh-barnea.
3 In the fortieth year, on the first day of the eleventh month, Moses spoke to the children of Israel, according to all that the Lord had commanded him to give to them,
4 after he had defeated Sihon the king of the Amorites, who lived in Heshbon, and Og the king of Bashan, who lived in Ashtaroth and Edrei.

In other words, Moses provided a "recap" of the law given at Sinai, since those Israelites entering the Promised Land were the second generation from those who escaped Egypt (who of course were the first generation).

One of the darker chapters of the Jewish people is the fact that the 99.8% of the adult population of Israelites who escaped Egypt with Moses were not "saved." They wandered the wilderness "until their bodies dropped (dead)" according to Hebrews 3:17 (which references Psalm 95:8-11). These first generation Israelites disassociated themselves from the Abrahamic Covenant as they refused to circumcise the second generation of male children, who subsequently entered the Land of Promise uncircumcised (Joshua 5:4-5). So when Moses formulated his fifth book, he was providing this next generation of Israelites a "recap" of the Mosaic Law right before they entered the Promised Land.

Thus this fifth book of Moses is called in English "Deuteronomy" because this fifth book of Moses is a "recap" of the Mosaic Law that was originally provided to those who escaped Egypt. It ends with a song that was supposed to be memorized by the Israelites (Deut 32:1-43). This song captured what happened to the original generation of Israelites who escaped Egypt and the curses they brought upon themselves (not to mention any other future generation that also disregarded the same Mosaic Law).

So Deuteronomy 12 is a "recap" of Leviticus 17. There is no missing commandment, because Deuteronomy was written weeks or months before the Israelites entered the Promised Land (and therefore was written chronologically AFTER Leviticus had already been given). Therefore Deuteronomy 12 was mentioning what had already been revealed in Leviticus 17. That is, the methodology of the blood sacrifice process (Lev 17) not to mention the requirement for tithing to/through the priests (Lev 27) and celebrating the feasts geographically in the same location of the presence of the Lord (Lev 23). Thus there are no "new" (or missing) commandments in Deuteronomy 12, although Moses of course amplified several of God's commandments throughout the Book of Deuteronomy to the second generation of Israelites in the context of their immanent entrance and life inside the Promised Land.

So the principal purpose of the Fifth Book of Moses was to provide this second generation of Israelites a sacred "pep talk" which comprised a "recap" of the Covenant at Sinai (and its attendant requirements for all future generations) -- thus the Fifth Book of Moses in English is called "Deutero"nomy.

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