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A Form-Critical Study of Isaiah 5:1-7
as a Song and a Juridical Parable
GALE A. YEE
164 Rusholme RoadToronto, Ontario M6H 2Y7
INARECENTLY PUBLISHEDarticle,J.T. Willis1presents cogent argumentsagainst various scholarly interpretations of Isa 5:1-7 as (1) an uncle's song,
(2) a satirical polemic against Palestinian fertilitycults,(3) the prophet's song
concerning his own vineyard, (4) the prophet's song expressing sympathy for
his friend, God, (5) a drinking song, (6) a bride's love song, (7) a groom's love
song, (8) a song of the friend of the bridegroom, (9) a lawsuit or accusation,
(10) a fable, and (11) an allegory. He suggests, and I think correctly, that Isa
5:1-7 is a parable.
However, Willis's analysis of the text as a parable is disappointing. Hedelineates the features of a parable (pp. 356-58), but he does not sufficiently
apply his definition to the Isaian text. Although maintaining that a parable
contains an intentional decoy so as to distract the hearers from, or (better)
draw them into, the speaker's experience and to pass judgment upon them
selves (p. 357), he does not demonstrate precisely how Isa 5:1-7 does this. He
does not show how the parable functions in the text. Moreover, he himself
admits that he did not analyze the parable's relation to Isaiah's own designa
tion of the form as a "song" (p. 359).
Inthis paperIwish to expand and make precise Willis's work on the Song
of the Vineyard Anticipating my results I submit that two similar but also
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ISA 5:1-7 AS A SONG AND A JURIDICAL PARABLE 31
functionally different literary forms compose Isa 5:1-7, viz., a song and a
juridical parable. It is through these two forms that Isaiah manipulates the
southern kingdom, "the inhabitants of Jerusalem and men of Judah(5:3),"to
condemn itself.
The Form of Isa 5:1-7 and Its Structure
The prophet announces to his audience, identified in v. 3 as the inhabit
ants of Jerusalem and men of Judah, that he wishes to sing the song of his
friend. Isaiah himself identifies the literary form ofhismessage as aSir.The
Hebrew wordsSirandsirencompass a number of different types of songs.2
Scholars have interpreted Isa 5:1-7 primarilyinterms of three of thesetypes:adrinking song, a cultic festival song, and an erotic love song.3
In concluding his own study, Willis asserts that Isa 5:1-7 is a parable
whose contents may be described as a parabolic song of a disappointed
husbandman.4He rejects categorizing the whole passage as a lawsuit because
legal matters can also belong to genres other than a lawsuit, viz., a parable.
Nevertheless,Idisagree with Willis that the element "song" militates against it
being a lawsuit and that the element "song" was combined with the element
"parable" simply to arrest the hearers' attention and draw them into the
event.51 suggest that the Song of the Vineyard be studied in light of the formal
aspects ofamajor OT song, Deuteronomy 32, which does contain a lawsuit.
In Deut 31:19 God, after a prediction of Israel's transgressions of the
covenant, commands Moses to write "this song." The word used here and in
Deut 31:21-22,30 and32:44 ishaSSr,the same cognate ofSirasthat found in
Isa 5:1. The song will function as a "witness"(ced)against the people during
times of evil and trouble. The detail that Moses spoke the words of this "song"
in the hearing of all the assembly of Israel appears in32:44forming aninclusio
with 31:30 delimiting the unit.The form of Deuteronomy 32 has been discussed extensively by G. E.
Wright, who finds that one basic form can be distinguished here, viz., the
covenant lawsuit or rib, even though present within the psalm itself is a
mixture of styles.6The form of the lawsuit found in Deuteronomy 32 will be
outlined in the following:
2
See thediscussionofsongsin O. Eissfeldt, The Old Testament:An Introduction (NewYork:Harper& Row, 1976) 87-124.3 See J. T. Willis, "Genre," 337-48.
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1 Deut 321Call to witnesses togiveear to theproceedings These are "theheavens"and"the earth"addressed in 1
2 Deut32 46Introductory statement of thecaseatissueby the divinejudge
andprosecutoror by hisearthlyofficial3 Deut32 714Recital of thebenevolentacts ofthesuzerain Recountedhere
are major moments in Israelite historytheir election by Yhwh, thewildernessexperience,theconquestof thepromisedland,and Yhwh'senduringcovenantallove for his people in providing for theirneeds
4 Deut32 1518Indictment Yhwh's loving kindness towards his people isjuxtaposedwiththeirinfidelity inturningtowards idols We have heretheformalcomplaintofthepoet
5 Deut 32 1929Sentence Inthe first personGodnow declares what hewill
dotohispeopleasaresultoftheirunfaithfulness Notethehiclausein28 7
It is important to note that for Wright the lawsuit in Deuteronomy 32encompasses only vv 129 In the history of thetradition, this lawsuit wasexpandedintoa liturgicalhymncontainingmotifs oftheHoly War "Thustheribbecame a mode of confession, the hymnic portions resolving the tensionintoan expression of hopeand faith in God for deliverance " 8Nevertheless,the legal aspect of the song is still preserved in the final redaction since the
song functions in the text as a "witness" (c
ed) against the assembly duringperiods of troubledue totheirunfaithfulness
Isa5 17 contains features which are analogous to Deut 32 129 In thefirst place,both units are designated as aSir,"song " Both deal thematicallywith the contrast between the covenantal love of God for his people and their
infidelity Moreover, Isa 5 4b corresponds to Deut 32 15-18 as the indictment
in the form of a question Isa 5 5-6 corresponds to Deut 32 19-29 as the
sentence in which the vineyard-owner reveals what he will do to his vineyard
as a result of its unproductiveness
There are, however, differences in the two units In the first place, Yhwh's
benevolent acts in the Isaian passage are not as concretely expressed as in
Deut 32 7-14 Whatever activity the Lord expends on his people is couched
metaphorically in vv 1-2 Second, very integrally related to this first differ
ence are the facts that the identity of Yhwh as the disappointed husbandman
as well as the identity of the offending party are not revealed until the end of
the unit Third, God functions as judge over the people in the Deuteronomy
London SCM 1962)41-42 See also Huffmon "The Covenant Lawsuit m the Prophets "
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ISA 5:1-7 AS A SONG AND A JURIDICAL PARABLE 33
text, whereas in the Isaian passage "the inhabitants of Jerusalem and men of
Judah" (v.3)are asked to judge between the vineyard-owner and the vineyard.
These dissimilarities are due, for the most part, to the fact that two
different forms are joined in the Isaian text: aSirembodyingalawsuit, whichIhave discussed above, and a juridical parable, whichIwill discuss presently.
The "song" form isa"broken" form in this text, since it is not presented in pure
form.9It isthejuridical parable which "breaks" this form. An understanding
of both forms throws light on the logic of this passage.
The most extensive treatment of the juridical parable as a literary form is
U. Simon's analysis of Nathan's parable in 2 Sam 12:1-14. According
to Simon,
the juridical parable constitutes a realistic story about a violation of the law,related to someone who had committed a similar offense with the purpose ofleadingtheunsuspectinghearer topass judgmentonhimself.Theoffenderwill becaught in the trap set forhimifhetruly believes that the story told him actuallyhappened, and only ifhedoes not detect prematurelythesimilarity between theoffence in the story and the one he himselfhascommitted.10
The main feature of a juridical parable is thus its intentional decoy which
provokes the hearer to condemn himself. Simon lists five examples of OT
juridical parables: 2 Sam 12:1-14; 14:1-20; 1 Kgs 20:35-43; Isa 5:1-7; and Jer3:1-5. Agreeing with Long that the juridical parable does not adequately
describe the form of Jer 3:l-5,n I therefore eliminate it from my discussion.
The common element in the four remaining texts is the legal issue in which the
decoy is concealed. In the historical books the case is presented to the king,
while in Isaiah the case is delivered to the inhabitants of Jerusalem and men of
Judah. Each text to some extent follows a standard rhetorical pattern which I
would now like to examine, adding to Simon's study of such parables.
The Nathan parable of 2 Sam 12:1-14 follows the story of David's
indiscretion with Bathsheba and his subsequent order to Joab to place Uriah
at the battlefront. The narrative begins with Yhwh sending the prophet,
Nathan, to David.Ioutline the rhetorical structure, which will beaparadigm
for the three other parables, as follows:
A.Parable2Sam 12:lb-4: Nathan presents to David foralegal decision the"case" concerning the robbery of the poor man's ewe-lamb by therich man.
9 Ibid., 53-54 on "broken" forms in Deuteronomy 32.
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B. Judgment2 Sam 12:5-6: David responds angrily to the case and utters an
oath, pronouncing a judgment of death upon the rich man and sentenc
ing him to a fourfold retribution for the ewe-lamb.
C. Interpretation2 Sam 12:7a: Nathan, after David thus condemns himself byhis judgment, announces, "You are the man."
D. Recital of the benevolent actions of God2 Sam 12:7b-8: Yhwh himself
recapitulates his generosity towards David in the first person. (Jnki)
E? Indictment2 Sam 12:9: The accusation of ingratitude is expressed in a
rhetorical question beginning with the adverbmaddac: "Why have you
despised the Lord to do what is evil in his sight?" An application of the
parable to David's heinous crimes follows.
F. Sentence2 Sam 12:10-12: The consequences of David's ingratitude are
introduced rhetorically by the adverbw
c
att. Inv.11Yhwh, through hisspokesman Nathan, announces the sentence in the first person. Note the
dramatic conclusion of the oracle marked by the particle hi, where
David's past deeds are juxtaposed with Yhwh's future deeds which result
from them.
The jur idi cal pa rab le in 2 Sam 14:5-17 follows a similar patt ern . The
age nt, howeve r, is no t a pr ophet b ut a "wise wo ma n, " disguised as a mo ur ni ng
widow. She was sent to David by Joab, who sensed that David was longing for
his exiled son, Absalom.
A. Parable2 Sam 14:5-7: The woman presents her case to the king: she is a
widow with two sons, one killing the other in a quarrel. The whole clan
seeks vengeance for the murdered son in the life of his brother: "Thus
they would quench my coal which is left and leave to my husband neither
name nor remnant upon the face of the earth" (v. 7).
B. Judgment2 Sam 14:8-11: The woman manipulates the king to pronounce
an oath and pass the judgment that her son will not be destroyed.
E. Indictment2 Sam 14:13a: The accusation of the offense "against the peopleof God" is phrased in a rhetorical question (wlmm), as in the Nathan
parable.
C. Interpretation2 Sam 14:13b-14: The interpretation of the woman's parable
begins with the particlehi:"for in giving this decision the king convicts
himself, inasmuch as he does not bring his banished one home again."
F. Sentence2 Sam 14:15-17: Withwcatt the woman returns to her own case
although there remains a "double entendre" in her words, in that she
appears to be describing her own case when, in fact, she refers to the
king's situation.12 Because of the delicate balance the woman mustmaintain between her function as the defendant appealing for mercy and
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ISA 5:1-7 AS A SONG AND A JURIDICAL PARABLE 35
the accuser oftheking, the sentence takestheform ofwhatthe king will
do in response to her: "For(ki)theking willhear anddeliver his servant
from the hand of the man who would destroy me and my son togetherfrom the heritage ofGod"(v. 16).
The juridical parable of the woman at Tekoa departs from the Nathan
form in the absence of DTherecital of the benevolent actions of God.This is
also true of the juridical parable found in1Kgs 20:35-43. In this episode the
spokesman is another prophet whose mode of concealment is a bandage over
his wounds. King Ahab has just covenanted himself with the enemy,
Ben-Hadad.
A.Parable1 Kgs 20:39-40a: The disguised prophet presents his"case"to theking:Asoldierhadentrusted a prisoner ofwarto him, threatening thatshould thismanescape, "your life shallbefor his life,or elseyou payatalent of silver." This prisoner did escape when his keeper waspreoccupied.
B.Judgment1 Kgs20:40b:Theking declares: "Soshallyourjudgmentbe;youyourself have decidedit,"thus condemninghimself.
C.Interpretation^. IndictmentandF'.Sentence1 Kgs20:41-42.Theprophet
removeshisdisguiseandis recognized by the kingasone ofthespokesmen ofGod.The interpretation oftheparable is found inthestatementwhich both indictsandsentences the king: "Because you have let go outof yourhand the man whom I haddevotedtodestruction,therefore yourlife shall go for his life and your people for his people." Note that theindictment/sentenceisformulated inthedivinefirstpersonandthat thesentence echoes the parableitself,making an immediate application.
Before an examination of Isa 5:1-7 I would like to summarize the results
thus far on theOTjuridical parable. First of all, the three juridical parables
and the lawsuit in theSirof Deuteronomy 32 are formally similar. They all
contain an indictment and sentence. Moreover, the Nathan parable shares the
recapitulation of God's acts found in Deut 32:7-14.
In two of the three juridical parables prophets are sent to thekings;in the
third, a gifted woman.Ineach example the real situation of the kingismasked
in the parable. After the parable is related, an oath is pronounced by the king
in two instances beforehegives the judgment on the"case."The oath serves to
clinch the condemnation which the king brings uponhimself.Only the Nathan
parable has a short application oftheparable to David and a recital of God'sbenevolence immediately following the king's judgment. All three instances
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in v. 7a. In the woman's parable the interpretation follows the indictment with
the particle ki. In the 1 Kings parable the interpretation is implied in the
indictment itself. Finally, all the cases contain a sentencing of the royaloffender. In both the Nathan parable and the 1Kings parable, the sentence isannounced in the divine first person. This is not the case for the woman's
parable because of her sensitive role as both defendant in the case and accuser
of the king. Noteworthy is the fact that in both of the 2 Samuel parables, the
sentencing begins with wcatt and closes with ki. We can now assess the
Isaian parable in light of the other juridical parables discussed.
Isa 5:1-7 follows the form of the juridical parable but with a significant
modification:
A.ParableIsa5:lb-2: Within the framework ofa"song" Isaiah presents the"case" about his friend and the unproductiveness of the choice vineswhich he planted in his vineyard.
B.JudgmentIsa 5:3: After the "case" is laid out, the speaker changes to thevineyard-owner himself who requests the inhabitants of Jerusalem andmen ofJudah to judgethe proceedings accordingly.
D.Recitalofbenevolent actionsofGodIsa5:4a: There is no immediate interpretation of the parable or indictment followingthejudgment as in the
other OT parables. However, like the Nathan parable and the song ofDeuteronomy 32, the vineyard-owner in the first person recounts hispositive activity for the vineyard in a rhetorical question.
E.IndictmentIsa5:4b: The accusationisalso formulatedin arhetorical question,beginning withmadduaclikethe Nathan parable. Themajorcomplaint is the fact that although choice vines were planted, rotten grapeswere produced.
F.SentenceIsa5:5-6: In the first person emphasized rhetorically by the pronounDni9thevineyard-ownerreveals what he will do to the vineyard as a
result ofitsunfruitfulness. The use ofthefirst person for God who givesthe sentenceisalso found in the Nathan parable, in the1Kings parable,andin Deuteronomy32.Observefurthermorethat thesentence,as in thetwo 2 Samuel parables, begins with the adverbwcatt.
C.InterpretationIsa5:7: Signalled by the particlekiasin 2 Sam 14:13b, theinterpretation unveils the real identities involved in the case.13
The major departure from form in Isa 5:1-7 is the positioning of the
interpretation as the final part of the song. Moreover, a rhetorical question in
5:4a recapitulates the labor expended by the vineyard-owner on behalf of his
vineyard which is found in the Nathan parable, but not in the other OTparables studied. Another difference in the Song of the Vineyard from the
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ISA 5:1-7 AS A SONG AND A JURIDICAL PARABLE 37
other parables is not a formal one. The others are addressed to the king for
decision, and in his judgment he condemnshimself.In Isaiah, on the otherhand, the "inhabitants of Jerusalemandmen of Judah"arerequested to judge
the vineyard. Implied in the text is their denunciation and thus their ownsubsequent conviction. The condemnation brought upon themselves by their
judgment would only be complete if, in fact, they believe that thevineyard is
liable and that it represented something other than themselves. The ultimate
revelation of their guilt appears in the climactic interpretation of v.7which is
the most rhetorically brilliant feature of the text.
Isa 5:7 has been variously interpreted by a number of scholars. H.
Wildberger, although admitting that the expression "house of Israel" can be
used to refer specifically to the northern kingdom, asserts that in Isa 5:7"house ofIsrael"indubitably stands in parallel with and not in opposition to
"men of Judah." Moreover, both concepts are identical with "the inhabitants
of Jerusalem" and "men of Judah" in v. 3.14F. Delitzsch,15E. Young,16and O.
Kaiser17do not find precise synonyms in the chiasmus but rather consider the
"house of Israel" as the whole nation with the "men of Judah"asa part within
the whole. G. B. Gray seems to leave open the question of the identity of the
"house of Israel,"18while E. A. Leslie identifies it as the northern kingdom.19
For specific reasonsIprefer understanding the concept, "house of Israel"
as the northern kingdom. In the first place, the term "house of Israel" never
occurs elsewhere in the Hebrew scriptures in a synonymous parallel with
either "men of Judah" or "inhabitants of Jerusalem." Against Wildberger I
think it is quite significant that in Hosea and Amos, prophets just prior to
Isaiah, and in Micah, Isaiah's southern contemporary, every instance of bet
yisr^lrefers to the north.20Even the later prophet Jeremiah in many instan
ces carries on the tradition of referring to the north asbetyisrDl.21Isaiah
prophesied then in a milieu which did characterize the north as the "house
of Israel."Inthe second place,bt yisr^lis unmasked in Isa 5:7asthe "vineyard of
the Lord of Hosts." Similar imagery of a vine/vineyard representing the
14 Jesaja 1-12 (BKAT X /l ; Neukirchen-Vluyn: Neukirchener, 1972) 172. So also G.
Fohrer,Das Buch Jesaja, Band 1(Stuttgart: Zwingli, 1966) 78.15
Biblical Commentary on the Prophecies of Isaiah(Edinburgh: Clark, 1898) 153.16
The Book of Isaiah (Grand Rapids: Eerdmans, 1970), 1. 203.17 Isaiah 1-12: A Commentary (Philadelphia: Westminster, 1972)61.18 For Gray (A Critical and Exegetical Commentary on the Book of Isaiah [ICC 15;
Edinburgh: Clark, 1928] 87) the expression could refer to the north. However, this equation
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people is associated with the northern kingdom. Thus we read in Hosea:
Israel is a luxuriant vine that yields its fruit. (Hos 10:1)
Like grapes in the wilderness,Ifound Israel. (Hos 9:10)They (Israel) shall blossom as the vine. (Hos 14:8)
In Psalm 80, which scholars such as Eissfeldt, Mowinckel, Weiser, Briggs,
Sabourin, and Dahood believe has a northern provenance, Israel is presented
as a vine in language very reminiscent of God's activity in his vineyard in Isa
5:1-7. All of the scholars cited, with the exception of Briggs, would date this
psalm during the last days of the northern kingdom probably after the
successful campaigns of Tiglath-pileser against the north of 734-32 B.C. If
these scholars are correct, we have further evidence that during the time ofIsaiah the north was described in vine imagery.22
If it would have been customary around Isaiah's time to refer to the
northern kingdom by thismotif, Isaiah's hearers, the men of Judah, beingdeceived byaparable concerningavineyard, could quite conceivably identify
the vineyard with the north and judge against their rival nation. We must
realize that at the time when Isaiah wrote this text, Israel was stripped of much
of its territory by Tiglath-pileser. Thus the sentencing the parable had begun
to come true. Because of the north's transgressions, God had, in fact, removed
the hedge, and it was devoured. God had broken down its wall, and it was
being trampled by the Assyrians. It would not be difficult to picture the
Judeans very smug upon hearing Isaiah's words and easily condemning the
north. The interpretation in Isa 5:7, therefore, reveals that, although the
vineyard of the Lord of Hosts is the north, the favorite plant of the Lord and
ultimate offender of Yhwh is Judah. Isaiah was warning Judah, who was as
morally and politically decadent as Israel, that it will suffer the same fate as
Israel if it does not repent.
The dynamics of the text are such that the Judeans are led to believe thatthe vineyard is Israel, that they judge and condemn it and witness Yhwh's
prediction to wipe it out. Moreover, the interpretation reveals that the vine
yard is indeed Israel. However, with an ironic twist the interpretation also
discloses that Judah, whose own situation was analogous to the north's, is the
21 Jer 2:4; 3:18; 5:1; 11:10, 17;13:11;31:27, 31; 33:14; 48:13.22
Cf. also Mie 1:6. I realize that Jeremiah frequently described the south with the plantmotif.In fact, the theme of a choice vine,srq, turning renegade appears in Jer2:21just as in Isa5:1 -7. (Cf. the plant motif in Jer 6:9; 12:2; 18:9; 24:6; 32:41 ; 42:10; 45:4). Jeremiah however is much
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ISA 5:1-7 AS A SONG AND A JURIDICAL PARABLE 39
real transgressorinthe song. This brief disclosure has the same overwhelming
impact as Nathan's short declaration to David: "You are the man."
Since the success of the juridical parable depends on concealing the real
situation addressed in the parable from its hearers, the analogy between the
choice vines planted in the vineyard and the men of Judah as "his favorite
plant" cannot be pressed so far as to consider the south responsible for the
north's dilemma.23The primary purpose of the parable is deception intended
to manipulate the Judeans into condemningacorrupt condition of which they
too are guilty. U. Simon has concluded likewise with regard to the Nathan
parable which lacks a motive paralleling Uriah's slaying and a parallel in
David's situation to the unexpected traveller of the parable.24
I would now like to make a few remarks concerning the interrelationshipbetween the songandthe juridical parable.Inoted above the formal similarity
between a song based on a lawsuit in Deuteronomy 32 and Isa 5:1-7 which is
entitled a "song." Both containanindictment and sentence. Both furthermore
deal with the relationshp of God with his people: the graciousness of God is
recounted vis--vis the disloyalty of the people. However, I also pointed out
the dissimilarities between Deuteronomy32 andIsa5:1-7.Inthe latter parablethe explicitness of God's actions for his people is obfuscated. The identities of
God and the offenders are not revealed until the veryendafter the sentence of
the vineyard-owner has been given. Isaiah's decoy, the intentional veiling of
the real transgressor, differs from the other juridical parables because of its
relationship with the "song." The "cases" in the other parables are truly
fictional situations similar to the king's own predicaments. The "song," on the
other hand, articulates a real situation between God and his people. The
vineyard-decoy, therefore, represents figuratively arealsituation used as a
subterfuge by Isaiah to trap Judah.
Conclusion
The Isaian text is a "song" addressed to Judah who would be familiar
with the usual content of songs, viz., the covenant between Yhwh and his
people. Moreover, the Judeans would also appreciate the fact that in certain
songs God indicts and sentences his people. These songs would indeed func
tion as "witness"(ced)against those who are unfaithful in their own part of the
23 The recurring motif in Isaiah's parable, in his indictment, and in his interpretation is the
fact that the owner expected choice grapes but rotten grapes were yielded (vv 2b 4b 7b) In spite
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covenant. This being so, the prophet after announcing a "song" to Judah
introduces secretively at this point the parable which deals with a vineyard
whose vines fail to yield their best. In a milieu which did regard the northern
kingdom in terms of vine imagery, the men of Judah predictably equate thetwo in the parable, unaware that the "case" is designed to provoke their
own condemnation.
Conjoined in Isa 5:1-7, then, are two literary forms: a song and a juridical
parable. Both types have formal and functional similarities. Within the overall
framework of a song the parabolic element operates covertly to bring about
the hearers' own judgment against themselves.25Viewed from this functional
aspect to convict its audience, previous interpretations ofIsa5:1-7asallegory,
fable, erotic love poem, etc. are inadequate.
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^ s
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