It is a bold claim to state that all or part of the book of Samuel is older than the Torah.  Biblical scholarship believes in the Documentary Hypothesis, in which we have various sources: J, E, P, and D.  The J stands for the Jehovah (or Yahweh) source, the E stands for the Elohim source, the P stands for Priestly source, and the D stands for the Deuteronomic source, meaning that Biblical scholarship believes that the last source of the Law of Moses was the Deuteronomic History, the books of Deuteronomy through Kings, written by a single author our group of authors.  I am going to give clear evidence, from the book of Samuel itself, that the author of the book of Deuteronomy is not the same author (or authors) of the book of Samuel.  I am also going to argue that the authors of Samuel and Kings, have material that is highly contradictory of the book of Deuteronomy, showing ancient Israelite religion (of the Northern Kingdom of Israel) and not the Judaite religion presented in the Torah (or law of Moses) itself. The book of Deuteronomy, beginning in chapter 12, states twenty-one separate times, that Israel will only be allowed to worship in the "place that YHVH will chose."  The text of Deuteronomy is very clear, worship can only be at the Tabernacle, which will one day rest in a place that YHVH would choose, which Judaism has clearly maintained is on the temple mount in Jerusalem.  While there are twenty-one of these commands in the book of Deuteronomy, let me (for reasons of brevity) list the first three passages stating that worship can only be at "the place YHVH will chose":Deuteronomy 12:5 "Instead, you must seek the place the LORD your God will choose from among all your tribes to establish His name as a dwelling. To that place you shall bring everything I command you: your burnt offerings and sacrifices, your tithes and special gifts, and all the choice offerings you vow to the LORD." Deuteronomy 12:11 "Then the place the LORD your God will choose as a dwelling for His Name—to that place you are to bring everything I command you: your burnt offerings and sacrifices, your tithes and special gifts, and all the choice offerings you vow to the LORD."Deuteronomy 16:16 "Three times a year all your men must appear before the LORD your God in the place He will choose: at the Feast of Unleavened Bread, the Feast of Weeks, and the Feast of Tabernacles. No one should appear before the LORD empty-handed."The Author of Samuel (and the Author of Kings) shows prophets and prophetic messages with an opposite message of Jerusalem and Temple ONLY1 Samuel 1:24:  "And she brought him with her when she had weaned him, with three bulls, and one ephah of meal, and an earthenware jug of wine, and she brought him to the house of the Lord, to Shiloh, and the child was young."  The Hebrew for "House of YHVH" is בֵית־יְהֹוָ֖ה and here most readers interpret this as the Tabernacle at Shiloh.  However, the context of 1Samuel chapters 1-3, prove that this was a different TEMPLE than the Tabernacle.1 Samuel 3:3b-12: "And the lamp of God had not yet gone out, and Samuel was lying down, in the Temple of the Lord, where the Ark of God was.  The Lord called to Samuel, and he said, "Here I am." And he ran to Eli, and said, "Here I am, for you have called me." And he said, "I did not call. Go back and lie down." And he went and lay down. And the Lord continued to call again to Samuel, and Samuel arose, and went to Eli, and said, "Here I am, for you have called me.'' And he said, "I have not called, my son. Go back and lie down." Now, Samuel had not yet known the Lord, and the word of the Lord had not yet been revealed to him.  And the Lord continued to call Samuel for the third time; and he arose and went to Eli, and said, "Here I am, for you called me." And Eli understood that that the Lord was calling the youth. And Eli said to Samuel, "Go, lie down. And it shall be, if He will call you, that you shall say, 'Speak, O Lord, for Your bondsman is listening.' " And Samuel went and lay down in his place.  And the Lord came and stood, and He called as at the other times, "Samuel! Samuel!" And Samuel said, "Speak, for Your bondsman is listening."  And the Lord said to Samuel, "Behold, I am about to do something in Israel, about which the two ears of everyone who hears it, will tingle. On that day, I shall execute against Eli all that I have spoken concerning his household, beginning and ending." A careful reading of this passage, especially in the original Hebrew language, would show that this is not the Tabernacle.  Not only is the word "temple" used in this passage (בְּהֵיכַ֣ל יְהֹוָ֔ה) but the description of the Temple (or Tabernacle) in Samuel does not match the description given in the book of Exodus.  Starting in Exodus chapter 25, HaShem tells Moshe to build the Tabernacle "exactly according to the pattern I showed you." (Exodus 25:40) The Tabernacle in the Torah, has an outer courtyard, and then you get to the Tabernacle itself, which has two rooms, a room with a menorah, table of showbread, and an altar of incense, as well as the Holy of Holies which contains only the Ark of the Covenant. There are only two rooms in the Tabernacle, and the Holy of Holies can only be entered once a year.  In this passage in Samuel, we see Samuel and Eli both sleeping in their own rooms in the "heychal" (or Temple), which means, we have a holy place that is clearly not the Tabernacle.  1 Samuel 3:3 is very clear that they are lying down in the "Temple" (or Tabernacle), the same Tabernacle that houses the Ark of the Covenant.  In order for Samuel and Eli to be sleeping in separate rooms, this is impossible, considering the Tabernacle of Moses has only two rooms, one of which can only be entered once a year at Yom Kippur.  Therefore, the final redactors/compilers of the books of Deuteronomy through Kings, fail here (and in many places to come) to remove the earlier Israelite Yahwistic religion from Judah's later re-written history.  Solomon has not built the Temple at this time, nor has Solomon been born, and the Tabernacle is still up in Samuel and Saul's time.   Please note, I should also point out, if I were to have quoted the rest of 1 Samuel chapter 3, you would see in verse 15 that there are "doors" in the Tabernacle.  However, the Tabernacle of Moses did not have doors, but was 100% curtains.  Therefore, the final form of 1Samuel chapter 3, and many other passages in Samuel, show that a later Judean redactor(s) edited the books of Samuel and Kings, and way too often, accidentally left many contradictions to the Torah in the text.  This is a clear indication that Bible scholars are not 100% correct on their JEPD theory.  The Deuteronomic author(s) could not have written Deuteronomy and Joshua through Kings.  Joshua through Kings contradict the book of Deuteronomy in too many places for this to be the case. 

Sheol: The Place of the Dead, According to the oldest sections of the Hebrew Bible

So, what do the books of Joshua, Judges and Samuel say about who conquered Jerusalem? We have nine conflicting options: