1 Pesiqta Shubah, end (ed. Buber p. 165b; cited in G. F. Moore, Judaism 2:218++). Also: *So long as the temple stood we used to offer a sacrifice and thus atonement was made; but now we have nothing to bring but prayer* (Tan2uma Korah §12, near the end).

2 *Moses foresaw that a time would come when the temple would be destroyed and the bringing of first fruits (Deut 26:1ff) would cease, so he ordained that Israelites should pray thrice each day, *for prayer is dearer to God than all good works and than all sacrifices* (Tan2uma Ki tabo, beginning; ed. Buber §1; cited in G. F. Moore, Judaism 2:218++).

3 B. Ber. 26b.

4 See Nitzan, Qumran Prayer, 12-13.

5 Nitzan, Qumran Prayer, 60.

6 Quotations from The Old Testament Pseudepigrapha, vol. 2. Italics mine.

7 He recognizes the influence of priestly language on 1 Kings 8 (casuistic form, confession, pp. 23-4) and Ezra 9 (ÄÆî, ÇÖÄä, *confess,* pp. 47-50) and the prayer as *confession* in Nehemiah 9 and third Isaiah (p. 63); he also notes the similarities between Lev 26 and Deut 28-30 and seems to accept Milgrom's arguments for a pre-exilic dating of P. Nevertheless, he concludes: *another peculiar feature about these prayers is the minimal influence that Levitical traditions had on them* (Werline, 193). Unfortunately he ignored significant evidence pointing to a much greater importance of the priestly tradition.

8 Milgrom, Cult and Conscience, 17.

9 Milgrom, 119. He also notes confession required in Lev 26:40, but this is admonition not casuistic law.

10 ÇÖì without an object in cultic texts means *feel guilt* (Milgrom, Cult and Conscience, 104).

11 Milgrom illustrates from ANE texts the idea that *a crime must be confessed to qualify for sacrificial expiation (+++).*

12 Milgrom, Cult and Conscience, 119.

13 Milgrom, Cult and Conscience, 122.

14 Milgrom, Cult and Conscience, 19.

15 Many more passages use one of the terms individually.

16 Werline, Penitential Prayer, 22-23.

17 See also Jeremiah 36:7: supplication (ÜçÉàÅ) and repentance (Öàü).

18 The distinctive terms from P, absent from Deuteronomy are: ÄÆî, ÇÖì, äÜàâä and ÉïÉÆ.

19 The confession here of ÆàÉÜ ... öÖÆëäì ... çêÇÜì becomes a paradigm for some confession of sins in penitential prayers: 1 Kings 8:47; Jer 14:20; Psa 106:6; Dan 9:5 (çêÇÉà àÆàëÉà àäÿÖÆÉà); Bar 2:12 (*úß**ªú£ñ **£Ö**ÿú£ñ *¢áí**ÿú£ñ); 1QS 1:22b-24a (with addition of we have done wickedly); CD 20:28-29.

20 There is no precedent for Ezra's denunciation of intermarriage as ÄÆî. Milgrom suggests the process of his midrash: he extends D's prohibition on some intermarriage (priests, Deut 23:4) to all intermarriage of the people because he derives from D that Israel is a sanctum (Deut 7:6; 14:2, 21; 26:19; 28:9). From P he gets the idea of maal, that trespass upon sancta brings divine punishment. It is a desecration on the *holy seed* of Israel. Milgrom, Cult and Conscience, 72.

21 Neh 9:26 cf. 9:28; Dan 9:13.

22 *Seventy weeks of years are decreed concerning your people and your holy city, to finish the transgression, to put an end to sin, and to atone for iniquity ...*

23 Milgrom, Cult and Conscience, 74-6.

24 Cf. Job 1:5, here an Æîä but see Milgrom on this passage (Cult and Conscience, 78, n. 284).

25 Milgrom refers to m. Ker. 6:3; cf. t. Ker. 4:4 (Cult and Conscience, 80).

26 Milgrom, Cult and Conscience, 111-114.

27 Milgrom, Cult and Conscience, 118, citing from Sifra, Ahare, par 2:4, 6; cf. t. Yoma 2:1; and b. Yoma 86b.

28 Milgrom, Cult and Conscience, 24-5.

29 Schiffman plausibly suggests that äïî could include the 1/5 extra of the restitution according to the priestly law (Sectarian Law, 120).

30 I understand îüâ here as *besides,* corresponding to Äîüâ in Num 5:8 (as also does Baumgarten in Damascus Document, ed. J. Charlesworth). Schiffman translates *except* (Sectarian Law, 119 and 130, n. 65). In CD 15:35 I consider it likely that the ÇÖì sacrifice is assumed in the general statement that he makes restitution.

31 Falk, Daily, Sabbath, and Festival Prayers, 219-226.

32 Literally, *I will not smell your pleasing odours.* The latter half of this is from Lev 26:31, but the first part has no clear biblical parallel. J. Baumgarten, *A `Scriptural' Citation in 4Q Fragments of the Damascus Document* (1992) 96, suggests that it loosely uses language from Deut 30:4. For an analogy to the negative consecutive clause, see Gen 16:10 (GKC §166a). Cf. Pss. Sol. 2:4, where a similar judgement is said by God in reaction to the sins of the people which parallel the three nets of Belial of CD 4:14 ff.

33 Note that Lev 4:27//Num 15:27 mention only a sin offering but D adds a guilt offering. Why? Does the author not distinguish between the two (can be translated *or*) or is a point being made here?

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