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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               203       MATTHEW, PHILO, AND MERCY FOR ANIMALS (MATT 12,9-14)            203
               citation from one of the prophetic books (12,7; cf. Hos 6,6) 10. To
               this triad the second story adds a fourth argument, one based not
               on Scripture but on an assumption that Jesus makes regarding the
               common experience of his addressees (12,11-12). In what follows,
               I investigate the last of these arguments, concentrating on both its
               particular form of reasoning (which involves drawing analogies be-
               tween the treatment of animals and the treatment of people) and
               the manner in which it strengthens the argument in 12,7 (which refers
               to the concept of mercy). In doing so, I build on the observations
               of Anthony Saldarini, who suggests that in 12,11-12 Jesus “is prob-
               ably implicitly appealing to the principle of mercy in Hos. 6:6 (v.
               7 in the previous conflict) and applying it to the suffering of the an-
               imal and then of the human” 11, and of Lutz Doering, who suggests
               that the conclusion in 12,12 is “no halakhic ruling sensu stricto, but
               rather a commentary on Jesus’ practice of healing as an exemplifi-
               cation of the prerogative of mercy” 12.
                        I. Sabbath Observance and the Treatment of Animals
                  An inspection of recent scholarship on Matt 12,11-12 reveals a
               concentration especially on two areas of investigation. The first has
               to do with comparing these verses with their synoptic co-texts
               (Mark 3,4; Luke 13,15-16; 14,5), the second with comparing these
               verses with early Jewish texts that discuss the sabbatical treatment
               of domestic animals. We begin with Matt 12,12b and Mark 3,4b.
                       w[ste e;xestin toi/j sa,bbasin kalw/j poiei/nÅ (Matt 12,12b)
                       e;xestin toi/j sa,bbasin avgaqo.n poih/sai h' kakopoih/sai(
                       yuch.n sw/sai h' avpoktei/naiÈ (Mark 3,4b)
                  10
                      The formula ouvk avne,gnwte in 12,3.5 both lends the unit structural in-
               tegrity and draws attention to the scriptural provenance of the references.
                   11
                      A.J. SALDARINI, Matthew’s Christian-Jewish Community (Chicago, IL
               1994) 133. Cf. L. LYBAEK, “Matthew’s Use of Hosea 6,6 in the Context of
               the Sabbath Controversies”, The Scriptures in the Gospels (ed. C.M. TUCK-
               ETT) (BETL 131; Louvain 1997) 493.
                   12
                      L. DOERING, “Sabbath Laws in the New Testament Gospels”, The New
               Testament and Rabbinic Literature (eds. R. BIERINGER et al.) (JSJSup 136;
               Leiden 2010) 235.