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Dating debate

Was Deuteronomy the scroll Josiah found?

2 Kings 22 reports that the high priest Hilkiah found a 'book of the law' in the temple in 622 BCE, and what Josiah then did matches Deuteronomy 12 point for point. In 1805 a German scholar named de Wette put the two facts together and the modern dating debate over Deuteronomy was born. Here is what the evidence actually shows.

What's at stake

In the eighteenth year of Josiah's reign, Hilkiah the high priest tells the scribe Shaphan, 'I have found the book of the law in the house of the LORD' (2 Kgs 22:8). Shaphan reads it to the king. Josiah tears his clothes. Within months, he is centralizing worship at Jerusalem, tearing down high places, and keeping a Passover unlike any since the days of the judges (2 Kgs 23). What Josiah does in those chapters is exactly what Deuteronomy 12 commands: one sanctuary, one altar, no high places. In 1805 W. M. L. de Wette argued the conclusion that has framed the debate since. The scroll was Deuteronomy. The composition of Deuteronomy dates to the seventh century BCE. Modern critical readings have generally followed him. Traditional readings have answered with two alternative accounts. The debate has been live for two centuries.

What 2 Kings 22-23 actually narrates

Josiah comes to the throne at age eight after his father Amon is assassinated (2 Kgs 21:23). In the eighteenth year of his reign (622 BCE), he sends Shaphan to the temple to settle the temple repair fund. While Shaphan is there, Hilkiah hands him a scroll: 'I have found the book of the law in the house of the LORD.' Shaphan brings it to Josiah and reads it aloud. Josiah tears his clothes. He sends a delegation to Huldah the prophetess, who confirms the scroll is genuine and the threatened curses are coming, though they will be deferred until after Josiah's death because of his repentance.

Then Josiah acts. The narrative in 2 Kings 23 reads as a sustained implementation of a particular legal program. He destroys the vessels for Baal, Asherah, and the host of heaven in the temple. He demolishes the high places throughout Judah, from Geba to Beersheba. He breaks down the houses of the temple prostitutes. He defiles Topheth in the valley of Hinnom so no one can sacrifice children there. He brings the priests from the cities of Judah into Jerusalem, since worship is now to be centralized. He destroys Bethel's altar, the cult site Jeroboam I had built in the north. He keeps a Passover the like of which 'was not holden from the days of the judges that judged Israel' (2 Kgs 23:22), at the central sanctuary in Jerusalem.

What Josiah does is what Deuteronomy 12 prescribes. 'Ye shall utterly destroy all the places, wherein the nations which ye shall possess served their gods, upon the high mountains, and upon the hills, and under every green tree... But unto the place which the LORD your God shall choose out of all your tribes to put his name there, even unto his habitation shall ye seek, and thither thou shalt come' (Deut 12:2, 5). Deuteronomy 16 prescribes that Passover be kept 'in the place which the LORD shall choose to place his name there' (Deut 16:6), not at home. Josiah does this. Deuteronomy 18 forbids consulting mediums and necromancers. Josiah does this too (2 Kgs 23:24). The correspondence is striking and is not in dispute.

Three positions on the relationship between Deuteronomy and Josiah's scroll

All three positions accept the close correspondence between Deuteronomy and Josiah's reform. They differ on what produced the correspondence.

Deuteronomy was composed (or substantially shaped) in the late seventh century BCE, possibly under Hezekiah and finalized under Josiah, and was 'discovered' in the temple as the pious framework for the centralization reform. The scroll Hilkiah found is the core of what is now Deuteronomy.
Held by
  • W. M. L. de Wette, Dissertatio critico-exegetica qua Deuteronomium a prioribus Pentateuchi libris diversum (Jena, 1805)
  • Julius Wellhausen, Prolegomena zur Geschichte Israels (Reimer, 1878)
  • S. R. Driver, A Critical and Exegetical Commentary on Deuteronomy (T&T Clark, 1895)
  • Martin Noth, Überlieferungsgeschichtliche Studien (1943; English: The Deuteronomistic History, Sheffield 1981)
  • Moshe Weinfeld, Deuteronomy and the Deuteronomic School (Oxford, 1972)
  • Bernard M. Levinson, Deuteronomy and the Hermeneutics of Legal Innovation (Oxford, 1997)
  • Eckart Otto, Das Deuteronomium: Politische Theologie und Rechtsreform (de Gruyter, 1999)
  • Thomas Römer, The So-Called Deuteronomistic History (T&T Clark, 2005)
Evidence
  • The centralization-of-cult demand (Deut 12) appears nowhere else in the Pentateuch with the same emphasis and is the centerpiece of Josiah's reform
  • The treaty-form parallels to Deut 28's curse list are closer to Esarhaddon's Succession Treaty (672 BCE, Tell Tayinat tablets) than to earlier Hittite treaty traditions, including specific shared imagery (the body-by-body curses, the order of disasters)
  • Deuteronomy's vocabulary (the 'place where the LORD shall choose to put his name,' 'with all thy heart and all thy soul,' the language of covenant love) is distinct from the rest of the Pentateuch and shared with the Deuteronomistic History (Joshua through Kings) and Jeremiah
  • The book's framing of Israel facing imperial threat, exile, and dispersion fits a late-7th-century Judahite vantage when Assyria was declining and Babylon rising
  • The 'finding' of authoritative scrolls in temples is a known ancient Near Eastern motif, used to confer authority on newly promulgated law collections
Challenges
  • The narrative of 2 Kings 22 presents the scroll as something genuinely lost and rediscovered, not as a new composition; this reading requires treating the narrative itself as part of the pious framing
  • Centralization language appears earlier in the historical record under Hezekiah's reform (2 Kgs 18:4), suggesting the program was not new in Josiah's day
  • Treaty-form parallels are double-edged: the overall preamble-prologue-stipulations-curses-witnesses structure is closer to the Hittite second-millennium form than to the Neo-Assyrian first-millennium form (Kitchen 1966)
  • The picture of a single high priest fabricating a scroll under royal direction, then discovering it, fits a modern political-theology framework better than the Israelite religious context the narrative presents

Treaty parallels: Deuteronomy 28 against Hittite and Neo-Assyrian forms

The treaty-form argument is at the center of the dating debate. Both sides agree that Deuteronomy is structured as a covenant document with parallels to ancient Near Eastern political treaties. They disagree on which treaty tradition is the closest parallel. The two candidates are the Hittite suzerain treaties of the 14th and 13th centuries BCE and the Neo-Assyrian vassal treaties of the 8th and 7th centuries BCE. The most carefully studied comparison is between Deut 28's curse list and Esarhaddon's Succession Treaty (672 BCE), of which a substantially complete copy was found at Tell Tayinat in 2009.

Deuteronomy 28 curses compared with Hittite and Neo-Assyrian treaty curses

Each row tracks one feature. Hittite treaties stand for the 14th-13th c. BCE tradition (the form Kline and Kitchen argue Deuteronomy fits). The Esarhaddon Succession Treaty (672 BCE) stands for the Neo-Assyrian first-millennium tradition (the form Weinfeld and Levinson argue Deut 28 fits).

Deuteronomy 28 (the text)
Body-by-body curses
'Cursed shalt thou be in the city, and cursed shalt thou be in the field. Cursed shall be thy basket and thy store. Cursed shall be the fruit of thy body, and the fruit of thy land' (Deut 28:16-18). The curses move through the body, the family, the field, the storehouse, in sequence.
Disease catalog
'The LORD shall smite thee with a consumption, and with a fever, and with an inflammation, and with an extreme burning, and with the sword, and with blasting, and with mildew' (Deut 28:22). A specific list of bodily and agricultural disasters in a fixed order.
Cannibalism and siege
'And thou shalt eat the fruit of thine own body, the flesh of thy sons and of thy daughters... in the siege' (Deut 28:53). The siege curse intensifies into cannibalism of one's own children.
Reversal of exodus
'And the LORD shall bring thee into Egypt again with ships, by the way whereof I spake unto thee, Thou shalt see it no more again: and there ye shall be sold unto your enemies for bondmen and bondwomen' (Deut 28:68). The exodus is undone.
Hittite suzerain treaties (14th-13th c. BCE)
Body-by-body curses
Hittite treaties end with summary curses calling on gods to destroy the vassal, his family, his land, and his house. The catalogs are present but generally shorter than Deut 28's and are framed by named divine witnesses (the storm god, the sun god, etc.).
Treaty of Suppiluliuma with Aziru of Amurru, 14th c. BCE; ed. Beckman 1996
Disease catalog
Hittite curses regularly invoke disease, plague, and famine, but the lists are shorter and more general. The specific named diseases of Deut 28 are not paralleled in the same sequence.
Beckman, Hittite Diplomatic Texts (SBL, 1996)
Cannibalism and siege
Cannibalism is not a standard Hittite curse. Hittite military curses focus on defeat, depopulation, and exile rather than on parent-child cannibalism during siege.
Beckman 1996
Overall treaty structure
Hittite suzerain treaties follow a six-part form: preamble, historical prologue, stipulations, deposit clause, witnesses, blessings and curses. Deuteronomy's overall macro-structure is closer to this form than to the Neo-Assyrian.
Mendenhall 1954, 'Covenant Forms in Israelite Tradition'; Kline 1963; Kitchen 2003
Esarhaddon's Succession Treaty (672 BCE)
Body-by-body curses
The Esarhaddon treaty contains an extensive body-by-body curse sequence ('may they tear out your tongue,' 'may they bind your arms,' 'may they cause your children to perish'), closer to the structure of Deut 28:16-18 than to Hittite parallels.
VTE (Vassal Treaties of Esarhaddon), lines 414-493; ed. Parpola/Watanabe, SAA 2 (1988)
Disease catalog
VTE contains a sequence of disease curses in a fixed order that closely mirrors Deut 28:27-35, including specific named conditions ('boils,' 'scab,' 'itch,' 'madness, blindness, astonishment of heart'). The shared sequence is the closest single parallel in the comparison.
VTE lines 419-430; Steymans 1995; Weinfeld 1972
Cannibalism and siege
VTE includes the cannibalism curse: 'May you eat the flesh of your sons and your daughters in your hunger.' The Tell Tayinat tablet (2012 ed.) confirms this line was sworn in the Levant in 672 BCE, making the parallel concrete for a Judean scribal context.
VTE line 449; Tell Tayinat tablet, ed. Lauinger, JCS 64 (2012)
Overall treaty structure
Neo-Assyrian vassal treaties (including VTE) emphasize loyalty oaths and curses but lack the historical prologue characteristic of Hittite suzerain treaties. The closest single-clause parallels to Deut 28 are in the Neo-Assyrian form; the closest overall macro-structure is in the Hittite form.
Parpola and Watanabe, SAA 2 (1988); Otto 1999

The treaty argument cuts both ways. The macro-structure of Deuteronomy (preamble, historical prologue, stipulations, witnesses, blessings and curses) is closer to the Hittite second-millennium form. The specific phrasing and sequence of the curses in Deuteronomy 28 are closer to the Neo-Assyrian first-millennium form. Both observations are well-supported. Defenders of an early date weigh the macro-structure; defenders of a late date weigh the specific curse parallels. The discovery of the Tell Tayinat tablet in 2009, attesting the Esarhaddon treaty being sworn in the Levant in 672 BCE, made the late-date parallel concrete: a Judean scribe of Manasseh's or Josiah's era would have had direct exposure to the genre.

Timeline of the treaty-form evidence

Key data points in the treaty-form debate. Early entries support a second-millennium covenant tradition. Late entries cluster around the Neo-Assyrian first-millennium tradition.

1380 BCE
Treaty of Suppiluliuma I with Aziru of Amurru
One of the earliest preserved Hittite suzerain treaties. Six-part form: preamble, historical prologue, stipulations, deposit, witnesses, blessings/curses. Mendenhall and Kline argue Deuteronomy's macro-structure matches this form.
0% along range
1259 BCE
Treaty of Hattusili III with Ramesses II
Late Hittite suzerain treaty, parity rather than vassal form. The genre is still in active use in the late 13th century BCE. The form is generally taken to fall out of use after the Hittite collapse around 1200 BCE.
15% along range
800 BCE
Sefire Aramaic treaties
Aramaic vassal treaties between Mati'el of Arpad and Bar-ga'yah of Ktk (8th century BCE). Contain detailed curse sequences. Sit chronologically between the Hittite and the Neo-Assyrian forms and share features with both.
73% along range
750 BCE
Hezekiah's reign begins
Hezekiah's later reform (2 Kgs 18:4) removes high places and breaks the bronze serpent. Some traditional readings cite this as evidence that Deuteronomic principles were already operative before Josiah.
79% along range
722 BCE
Fall of Samaria
The northern kingdom falls. Pre-Josianic-northern-tradition models date the migration of Levitical legal traditions south to this event.
83% along range
672 BCE
Esarhaddon's Succession Treaty
Neo-Assyrian succession treaty imposed on vassals across the empire. Contains the curse sequences (body-by-body, disease catalog, cannibalism) that have the closest specific parallels to Deut 28. The Tell Tayinat tablet (2009) shows this treaty was sworn at a Levantine site, putting the form in direct circulation in the region.
89% along range
640 BCE
Josiah comes to the throne
Eight-year-old Josiah becomes king of Judah after his father Amon's assassination. He will reign 31 years (640-609 BCE).
93% along range
622 BCE
Hilkiah finds 'the book of the law'
In the eighteenth year of Josiah, the high priest Hilkiah reports finding 'the book of the law' in the temple. Shaphan reads it to Josiah, who tears his clothes and initiates the reform of 2 Kings 23. De Wette's 1805 thesis identifies the scroll with Deuteronomy.
96% along range
609 BCE
Josiah dies at Megiddo
Josiah is killed in battle with Pharaoh Necho II at Megiddo. The reform decelerates under his successors. Within 22 years, Jerusalem is destroyed.
97% along range
587 BCE
Fall of Jerusalem
Jerusalem is destroyed by Nebuchadnezzar. The Deuteronomistic History (Joshua-Kings) is generally dated in its final form to the exile or shortly after, framed by Deuteronomic theology.
100% along range

The centralization-of-cult question

Deuteronomy 12 demands that sacrifice be offered only at 'the place which the LORD your God shall choose out of all your tribes to put his name there' (Deut 12:5). The demand is unusual against the rest of the Pentateuch. Exodus 20:24 permits altars 'in every place where I record my name,' which suggests multiple legitimate sites. Genesis records the patriarchs building altars at Shechem, Bethel, Hebron, Beersheba. Joshua 8 has an altar at Mount Ebal. 1 Samuel 7 has Samuel sacrificing at Mizpah. Elijah rebuilds an altar at Carmel (1 Kgs 18). These are not represented as illegitimate.

The Josianic reform implements Deuteronomy 12 literally. Every site outside Jerusalem is destroyed, including ancient YHWH sites like Bethel. The priests of the rural high places are brought to Jerusalem. Passover is moved from a household festival to a centralized pilgrimage. The text of 2 Kings 23 reads as the implementation of a specific legal program, and the program reads as Deuteronomy 12 enacted point for point.

Three readings of the relationship are on the table. The late-composition reading takes the centralization principle as the seventh-century innovation that Deuteronomy was written to authorize, with Josiah implementing the new policy. The Mosaic-rediscovery reading takes centralization as the original Mosaic intention (deferred during the period of the judges and early monarchy when 'every man did that which was right in his own eyes,' Judg 17:6, 21:25), genuinely lost during Manasseh's apostasy, and finally implemented when the scroll resurfaced. The pre-Josianic-northern reading sees centralization as an older northern prophetic ideal carried south after 722 and finally enacted by a southern king with northern Levitical advisors.

What each position has to account for

De Wette's late-composition reading has to explain why 2 Kings 22 narrates the scroll as found rather than promulgated, why the macro-structure of Deuteronomy matches the second-millennium Hittite covenant form better than the seventh-century Neo-Assyrian vassal form, and what would motivate the Hilkiah-Shaphan-Josiah leadership to choose pious deception (or pious framing) rather than direct royal decree. Defenders of the position generally answer that the rediscovery narrative is itself part of the way the scroll was authorized, and that the treaty parallels are mixed but that the specific curse parallels in Deut 28 to the Esarhaddon treaty are too close to be coincidental.

The Mosaic-rediscovery reading has to explain how a fifteenth- or thirteenth-century scroll preserves curse language that has its closest specific parallels in a seventh-century Neo-Assyrian treaty, why centralization at one site is more emphasized in Deuteronomy than in any pre-monarchic source, and why Deuteronomy's vocabulary clusters with later texts (Jeremiah, the Deuteronomistic History) more than with the other books of the Pentateuch. Defenders answer that the curse-form is a stable ancient Near Eastern tradition that runs from the second to the first millennium, that centralization principles were latent and deferred, and that the vocabulary clusters reflect Deuteronomy's role as a foundational text that later writers self-consciously echo.

The pre-Josianic-northern reading has to explain how a northern document survived in southern circulation, why no direct evidence of a northern Levitical legal-literary tradition has been recovered, and why the final form is so thoroughly oriented toward Jerusalem. Defenders answer that the migration of refugees after 722 BCE is historically documented, that the textual evidence is necessarily reconstructive when working with pre-exilic compositions, and that the Jerusalem orientation is the product of southern editing rather than the original layer.

Reading Deuteronomy with the question open

The book itself presents itself as Moses's farewell speeches on the plains of Moab. Whatever the compositional history, the text as it stands frames Israel facing a choice on the threshold of the land, with the covenant laid out one more time before they cross. The three positions on the relationship to Josiah's scroll change the textures the reader hears. On the late-composition reading, the centralization demand carries the urgency of a seventh-century reform program facing imperial threat and internal apostasy. On the Mosaic-rediscovery reading, the same demand carries the weight of a foundational law finally being honored after centuries of neglect. On the pre-Josianic-northern reading, the demand carries the voice of a prophetic tradition that survived the northern collapse and was finally enacted by a southern king with the courage to follow it.

What does not change is the shape of the book. Deuteronomy presents the law not as ritual technique but as the response of a people to a God who has rescued them, recounted in the historical prologue and demanded in the stipulations. The book ends with Moses dying outside the land, having delivered the law and named the choice. That structure is in the text in every reading.

Sources

Primary sources
  • 2 Kings 22-23 (the Josianic reform narrative)
  • Deuteronomy 12, 16, 18, 28 (the centralization, festival, divination, and curse passages)
  • Esarhaddon's Succession Treaty (VTE), 672 BCE, in S. Parpola and K. Watanabe, Neo-Assyrian Treaties and Loyalty Oaths (SAA 2; Helsinki, 1988)
  • Tell Tayinat tablet of Esarhaddon's Succession Treaty (2009 find), ed. J. Lauinger, 'Esarhaddon's Succession Treaty at Tell Tayinat' (JCS 64, 2012)
  • Treaty of Suppiluliuma with Aziru of Amurru (14th c. BCE), in G. Beckman, Hittite Diplomatic Texts (SBL Writings from the Ancient World 7; 1996)
  • Treaty of Hattusili III with Ramesses II (1259 BCE), in Beckman, Hittite Diplomatic Texts (SBL, 1996)
  • Sefire Aramaic treaties (8th c. BCE), in J. A. Fitzmyer, The Aramaic Inscriptions of Sefire (Pontifical Biblical Institute, 1967)
  • Babylonian Talmud, Bava Batra 14b-15a (rabbinic ruling on Pentateuchal authorship)
  • Jerome, Prologue to the Pentateuch (Stridon, c. 398 CE)
  • 1 Maccabees 1:54 (the 'abomination of desolation' as Deuteronomic curse imagery)
Modern scholarship cited
  • W. M. L. de Wette, Dissertatio critico-exegetica qua Deuteronomium a prioribus Pentateuchi libris diversum (Jena, 1805)
  • Julius Wellhausen, Prolegomena zur Geschichte Israels (Reimer, 1878)
  • S. R. Driver, A Critical and Exegetical Commentary on Deuteronomy (ICC; T&T Clark, 1895)
  • Albrecht Alt, 'The Origins of Israelite Law' (1934; English in Essays, Blackwell 1966)
  • Martin Noth, Überlieferungsgeschichtliche Studien (1943; English: The Deuteronomistic History, Sheffield 1981)
  • George E. Mendenhall, 'Covenant Forms in Israelite Tradition' (BA 17, 1954)
  • Gerhard von Rad, Studies in Deuteronomy (SCM, 1953)
  • Meredith G. Kline, Treaty of the Great King: The Covenant Structure of Deuteronomy (Eerdmans, 1963)
  • K. A. Kitchen, Ancient Orient and Old Testament (Tyndale, 1966)
  • E. W. Nicholson, Deuteronomy and Tradition (Fortress, 1967)
  • Moshe Weinfeld, Deuteronomy and the Deuteronomic School (Oxford, 1972)
  • Peter C. Craigie, The Book of Deuteronomy (NICOT; Eerdmans, 1976)
  • Moshe Weinfeld, Deuteronomy 1-11 (Anchor Bible; Doubleday, 1991)
  • Norbert Lohfink, Theology of the Pentateuch (T&T Clark, 1994)
  • H. U. Steymans, Deuteronomium 28 und die adê zur Thronfolgeregelung Asarhaddons (Universitätsverlag Freiburg, 1995)
  • Bernard M. Levinson, Deuteronomy and the Hermeneutics of Legal Innovation (Oxford, 1997)
  • Eckart Otto, Das Deuteronomium: Politische Theologie und Rechtsreform in Juda und Assyrien (de Gruyter, 1999)
  • K. A. Kitchen, On the Reliability of the Old Testament (Eerdmans, 2003)
  • Thomas Römer, The So-Called Deuteronomistic History (T&T Clark, 2005)
  • J. Lauinger, 'Esarhaddon's Succession Treaty at Tell Tayinat' (JCS 64, 2012)
  • Daniel I. Block, The NIV Application Commentary: Deuteronomy (Zondervan, 2012)
  • Eugene H. Merrill, Deuteronomy (NAC; B&H, 1994)