There still remain the critical difficulties. What are the ambiguous laws to which the prophet refers? It is of course not to be assumed as certain that they are to be found in the Pentateuch, at least in the exact form which Ezekiel has in view. There may have been at that time a considerable amount of uncodified legislative material which passed vaguely as the law of Jehovah. The “lying pen of the scribes” seems to have been busy in the multiplication of such enactments (Jer. viii. 8). Still, it is a legitimate inquiry whether any of the extant laws of the Pentateuch are open to the interpretation which Ezekiel seems to have in view. The parts of the Pentateuch in which the regulation about the dedication of the firstborn occurs are the so-called Book of the Covenant (Exod. xxii. 29, 30), the short code of Exod. xxxiv. 17-26 (vv. 19 f.), the enactment connected with the institution of the Passover (Exod. xiii. 12 f.), and the priestly ordinance (Numb. xviii. 15). Now, in three of these four passages, the inference to which Ezekiel refers is expressly excluded by the provision that the firstborn of men shall be redeemed. The only one which bears the appearance of ambiguity is that in the Book of the Covenant, where we read: “The firstborn of thy sons shalt thou give unto Me; likewise shalt thou do with thine oxen and thy sheep: seven days it shall be with its dam, on the eighth day thou shalt give it to Me.” Here the firstborn children and the firstlings of animals are put on a level; and if any passage in our present Pentateuch would lend itself to the false construction which the later Israelites favoured, it would be this. On the other hand this passage does not contain the particular technical word (he'ebîr) used by Ezekiel. The word probably means simply “dedicate,” although this was understood in the sense of dedication by sacrifice. The only passage of the four where the verb occurs is Exod. xiii. 12; and this accordingly is the one generally fixed on by critics as having sanctioned the abuse in question. But apart from its express exemption of firstborn children from the rule, the passage fails in another respect to meet the requirements of the case. The prophet appears to speak here of legislation addressed to the second generation in the wilderness, and this could not refer to the Passover ordinance in its present setting. On the whole we seem to be driven to the conclusion that Ezekiel is not thinking of any part of our present Pentateuch, but to some other law similar in its terms to that of Exod. xiii. 12 f., although equivocal in the same way as Exod. xxii. 29 f.
In the text above I have given what appears to me the most natural interpretation of the passage, without referring to the numerous other views which have been put forward. Van Hoonacker, in Le Museon (1893), subjects the various theories to a searching criticism, and arrives himself at the nebulous conclusion that the “statutes which were not good” are not statutes at all, but providential chastisements. That cuts the knot, it does not untie it.
The cubit which is the unit of measurement is said to be a handbreadth longer than the cubit in common use (ver. 5). The length of the larger cubit is variously estimated at from eighteen to twenty-two inches. If we adopt the smaller estimate, we have only to take the half of Ezekiel's dimensions to get the measurement in English yards. The other, however, is more probable. Both the Egyptians and Babylonians had a larger and a smaller cubit, their respective lengths being approximately as follows:—
Common cubit:
Egypt 17.8 in., Babylon 19.5 in.
Royal cubit: Egypt 20.7 in., Babylon 21.9 in.
In Egypt the royal cubit exceeded the common by a handbreadth, just as in Ezekiel. It is probable in any case that the large cubit used by the angel was of the same order of magnitude as the royal cubit of Egypt and Babylon—i.e., was between twenty and a half and twenty-two inches long. Cf. Benzinger, Hebräische Archäologie, pp. 178 ff.