The Legal Dispute between Jephthah and the Elders

Jephthah the Gileadite, whose story is told in chapter eleven of the Book of Judges, is primarily known for his infamous vow (see now Marcus, 1986). Yet, Jephthah was also a successful general, an effective negotiator, and an astute diplomat. Notwithstanding these accomplishments, Jephthah early in his career was the victim of fraternal rivalry, and had to suffer the indignity of being driven out of his ancestral home by his younger half-brothers. 1 It is this episode which is the focus of this article. We will try to answer the question of how these younger brothers of Jephthah were able to dispossess him so readily. The solution is no doubt to be found in Jephthah's background. However, Jephthah was not disinherited simply because he was the son of a prostitute ( YfSiih zonah, verse 1 ), or as the brothers euphemistically termed her 'another woman' C'issiih "al;ieret, verse 2), because in ancient Israelite law the inheritability of children depended not on the mother, but on the father. We believe that the answer lies in the fact that Jephthah had originally been adopted by his father Gilead. When Gilead died, Jephthah's half-brothers challenged his adoption in court, and they succeeded in having his adoption revoked and annulled. We start with the premise that, whatever the real reason for Jephthah's disinheriting, it must have had a legal basis, and there must have been court proceedings in which the elders participated. This is indicated by the following considerations: First, Jephthah is throughout the story portrayed as a military strongman. He is described as a gibbor l;wyil 'an able warrior',2 gains