Walter T. Wilson, «Matthew, Philo, and Mercy for Animals (Matt 12,9-14)», Vol. 96 (2015) 201-221
After comparing Matt 12,11-12 with its synoptic parallels (Mark 3,4; Luke 13,15-16; 14,5) and with texts that discuss the treatment of animals on the Sabbath (e.g., CD 11.13-14), the passage is compared with Philonic texts (Spec. 2.89; 4.218; Virt. 81, 133, 139-140, 160; cf. Plutarch, Cato 5.5; Esu carn. 996A; Iamblichus, Vit. Pythag. 30.186; Porphyry, Abst. 3.26.6) in which the Alexandrian discerns a principle informing a law that refers to the treatment of animals, and then suggests that the principle applies by analogy to the treatment of people, illuminating the principle with reference to mercy and similar concepts.
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view, CD 11.13-14 can be compared with somewhat more lenient
sabbatical rulings preserved in rabbinic literature, for example, m.
Bet. 3.4 (which allows an unblemished firstling to be pulled from
a pit if it is to be slaughtered on a festival), b. Shab. 128b (which
allows cushions and bedding to be placed under the animal in hopes
that it can extricate itself), and t. Shab. 14.3 (which allows food to
be provided for the animal in order to keep it alive) 23.
In assessing the contribution of Matt 12,11-12 to our understand-
ing of early Jewish halakhah, it is important to bear in mind that
Jesus formulates the illustration in 12,11 as a rhetorical question.
In other words, he simply assumes that his Pharisaic interlocutors
will agree that the sort of merciful assistance depicted in this verse
represents a widely accepted practice: “Jesus rhetorically draws his
audience to his side with the presumption that … these humane
measures are as obvious to them as they are to him” 24. Indeed, this
assumption is essential to his aim of exposing the hypocritical na-
ture of the Pharisees’ position: “When they admit to helping an an-
imal on the Sabbath but question helping a person on the Sabbath,
their interpretation of the law is shown up as illogical and immoral” 25.
In the same vein, Jesus employs not only an illustration that would
have been familiar to his opponents but a form of argumentation
that would have been familiar to them as well, a point made by
Doering: “Formally, the Matthean argument is a conclusion a minori
ad maius and is therefore close to the rabbinic reasoning qal wa-
homer, which was particularly in use with respect to issues about
overriding the Sabbath commandment” 26.
According to a recent study 27, the qal wa-homer (one of the
major hermeneutical rules or middot of rabbinic literature) is an a
fortiori inference consisting of “an analogical transfer” between
23
Cf. b. Bet. 37a; DOERING, Schabbat, 194-195, 459-460; SALDARINI,
Community, 271-272.
24
MEIER, Marginal Jew, IV, 263. Similar points are made by REPSCHINSKI,
Controversy Stories, 110; SALDARINI, Community, 132; Y.-E. YANG, Jesus and
the Sabbath in Matthew’s Gospel (JSNTSup 139; Sheffield 1997) 203.
25
REPSCHINSKI, Controversy Stories, 111.
26
DOERING, “Sabbath Laws”, 223-224. Cf. MEIER, Marginal Jew, II, 684;
IV, 259; REPSCHINSKI, Controversy Stories, 111; SALDARINI, Community, 132;
YANG, Sabbath, 179.
27
A. SAMELY, Rabbinic Interpretation of Scripture in the Mishnah (Oxford
2002) 174.