CHAPTER XXIII

_LAWS OF KINDNESS_

With the commands we now have to consider, we leave altogether the

region of strict law, and enter entirely upon that of aspiration

and of feeling. Kindness, by its very nature, eludes the rude

compulsion of law, properly so called. It ceases to be kindness when

it loses spontaneity and freedom. Precept, therefore, not law, is

the utmost that any lawgiver can give in respect to it; and this is

precisely what we have in Deuteronomy, so far as it endeavours to

incite men to gentleness, goodness, and courtesy to one another.

The author gives his people an ideal of what they ought to be in

these respects, and presses it home upon them with the heartfelt

earnestness which distinguishes him. That is all; but yet, if we are

to do justice to him as a lawgiver, we must consider and estimate

the moral value of these precepts; for, properly speaking, they are

the flower of his legal principles, and they reveal in detail, and

therefore, for the average man, most impressively, the spirit in

which his whole legislation was conceived. In the abstract no doubt

he had told us that love--love to Yahweh--was to be the fundamental

thing, and we have seen how deep and wide-reaching that announcement

was. But a review of the precepts which indicate how he conceived

that love to God should affect men's relations with men, will give

that general principle a definiteness and a concreteness more

impressive than a thousand homilies. For the conception that a

relation of love is the only fit relation between man and God, could

not, if it were sincerely taken up, fail to throw light upon men's

true relations to each other. Consequently the great declaration

of the sixth chapter was bound to re-echo in the precepts to guide

conduct, giving new sanctity and breadth to all man's duty to his

fellows.

Of course the risk of great failure was nigh at hand: for men may

be intellectually convinced that love is the element in which life

ought to be lived, and may proclaim it, who are far from being

actually penetrated and filled with love, tested and increased by

communion with God. As a result, much talk about love and kindly

human duty has fallen with but little impulsive power upon the

hearts of men. When, however, it is felt to be the expression of a

present experience, such exhortation has power to move men as no

other words can do. And the author of Deuteronomy was one of those

who had this divinely given secret. In all parts of his book you

find his words becoming winged with power, wherever love to God and

man is even remotely touched upon. If our hypothesis as to the age

in which he lived and wrote be correct, his must have been one of

those high and rare natures which are not embittered by persecution

or contemptuous neglect. Long before our Lord had spoken His

decisive words on our duty to our neighbour, or St. Paul had written

his great hymn to love, this man of God had been chosen to feel the

truth, and had suffused his book with it, so that the only principle

which can be recognised as binding together all his precepts is the

central principle of the New Testament. Of course that made his

ideal too high for present realisation; but he gained more than he

lost; for, from Jeremiah and Josiah downwards through the years, all

the noblest of his people responded to him. The splendour of his

thought cast reflections upon their minds, and these glowed and

shone amid the meaner lights which Pharisaism kindled and cherished,

till He came whose right it was to reign. Then Deuteronomy's true

rank was seen; for from it Christ took the answers by which He

repelled Satan in the temptation, and from it, too, He took that

commandment which He called the first and greatest. Of course the

humanity of the book had not, in expression at least, the imperial

sweep of Christian brotherhood which makes all men equal, so that

for it there is neither Jew nor Gentile, neither wise nor unwise,

neither male nor female, neither bond nor free. But _all_ the chosen

people are included in its sympathy; and in this field, without

undue interference with private life, the author sets forth by

specimen cases how the fraternal feeling should manifest itself in

loving, neighbourly kindness.

As these laws or precepts of kindness are not systematically

arranged, it will be necessary to group them, and we shall take

first those in which it is prescribed that injury to others should

be avoided. Of course criminal wrongs are not dealt with here. They

have already been forbidden in the strictly legal portions of the

book, and penalties have been attached to them. But in the region

beyond law, there are many acts in which the difference between a

good, and kindly, and sympathetic man, and a morose, and sullen,

and unkindly one, can be even more clearly seen. In that region

Deuteronomy is unmistakably on the side of sympathy. The poor, the

slave, the helpless should, it teaches, be objects of special care

to the true son of Israel. They should be treated, it shows, with a

generous perception of the peculiar difficulties of their lot; and

pressure upon them at these special points where their lot is hard

should be abhorrent to every Israelite.

The first in order of the precepts which we are considering (chap.

xxii. v. 8)--"When thou buildest a new house, then thou shalt make

a railing for thy roof, that thou bring not blood upon thine house,

if any man fall from thence"--reveals the fatherly and loving

temper which it is the author's delight to attribute to Yahweh. As

earthly parents guard their children from accidents and dangers,

so Yahweh thinks of possible danger to the lives of His people,

and calls for even minute precautions. The habit of sitting and

sleeping upon the flat roofs of the houses has always been, and is

now, prevalent in the East. Many accidents take place through this

habit. In recent years Emin Pasha, who ruled so long at Wadelai,

nearly lost his life by one; and here the house-owner is required in

Yahweh's name to minimise that danger, "that he bring not blood upon

his house." The life of each one of Yahweh's people is precious to

Him; therefore it is that He will have them to guard one another.

This is the principle which runs through all these precepts. In the

sphere of ritual and religion the Deuteronomist does not transcend

Old Testament conditions. For him as for others it is the nation

which is the unit. But in the region now before us he virtually goes

beyond that limitation, and emphasises the care of Yahweh for the

individual, just as in the demand for love to God he had already

made Israel's relation to their God depend upon each man's personal

attitude. The thought that the Divine care was exerted over even

"such a set of paltry ill-given animalcules as himself and his

nation were," according to Carlyle's phrase, does not stagger him as

it staggered Frederick the Great.

In matters like these, the unsophisticated religion of the Old

Testament is most helpful to us to-day. We have analysed, and

refined, and dimmed all things into abstractions, God and man among

the rest. The fearless simplicity of the Old Testament restores us

to ourselves, and pours fresh blood into the veins of our religion.

No faith in God as the living orderer of all the circumstances of

our lives can be too strong or too detailed. The stronger and more

definite it becomes, the nearer will it approach the truth. Only one

danger can threaten us on that line, the danger of taking all our

own plans and desires for the Divinely appointed path for us. But

most men will by natural humility be saved from that presumption;

and the glad assurance that they are wrapped about with the love

of God is perhaps the greatest need of God's people in their many

sceptical and unspiritual hours.

We cannot, therefore, be surprised that, in connection with

debts and pledges for payment, the same kindness in the Divine

commands should be observable. As usury was forbidden in Israel,

and precautions against excessive indebtedness were exceedingly

elaborate, the possibilities of oppression in connection with debt

in Israel were much more limited than in most ancient communities.

Nevertheless there was here a region of life in which great wrongs

could still be done by a harsh and unscrupulous creditor. In order

that the creditor might have some security for what he had lent, it

was permitted to receive and give pledges. The precepts regarding

these are contained in chap, xxiv., vv. 6, 10 ff. and 17, and

express a considerate brotherly spirit, for which it would be hard

to find a parallel either in ancient or modern times. The creditor

who has taken a poor man's upper garment as a pledge is commanded,

both in the Book of the Covenant and in Deuteronomy, to restore

the garment to its owner in the evening, that he may sleep in it.

In Palestine for much of the year the nights are cold enough, and

the poor man has no covering save his ordinary clothes. To deprive

him of these, therefore, is to inflict punishment upon him, whereas

all that should be aimed at is the creditor's security. This was

peculiarly offensive to Israelite feeling, as we see from the

mention in Amos ii. 8 of the breach of this prescription as one of

the sins for which Yahweh would not turn away Israel's punishment.

Further, in no case was a widow's garment to be taken in pledge, nor

the handmill used for preparing the daily flour, for that is taking

"life" in pledge, as the Deuteronomist says with the feeling for the

conditions of the poor man's life which he always shows.

But the crown of all this kindness is found in the beautiful tenth

verse: "When thou dost lend thy neighbour any manner of loan, thou

shalt not go into his house to fetch his pledge thou shalt stand

without, and the man to whom thou dost lend shall bring forth the

pledge without unto thee." Not only does Yahweh care for external

and physical pain, He sympathises with those deeper wrongs and

pains which may hurt a man's feelings. If a pledge to satisfy the

lender had to be given, scruples of delicacy on the part of the

borrower would appear to the "practical" man, as he would call

himself, contemptibly misplaced. If the man's feelings were so very

superfine, why did he borrow? But the author of Deuteronomy knew the

heart of God better. With the fine tact of a man of God, he knew how

even the well-meaning rich man's amused contempt for the poor man's

few household treasures, would cut like a whip, and he knew that

Yahweh, who was "very pitiful and of tender mercy," would desire no

son of Israel to be exposed to it. He knew, too, how human greed

might dispose the lender to seize upon the thing of greatest value

in the poor house, whether its price was in excess of the loan or

not. Finally, he knew how it deteriorates the poor to be dealt with

in an unceremonious, tactless way even by the benevolent. And in the

name and with the authority of God he forbids it. The poor man's

home, the home of the man whom we desire to help especially, is to

be sacred. In our dealing with him of all men the finest courtesy

is to be brought into play. Just because he needs our help, we are

to stand on points of ceremony with him, which we might dispense

with in dealing with friends and equals. "Thou shalt stand without,"

unless he asks thee to enter; and thou shalt show thereby, in a

deeper way than any gifts or loans can show, that the fraternal tie

is acknowledged and reverenced.

In two other precepts the same delicate regard for the finer

feelings finds expression. In the fifth verse it is commanded that

"When a man taketh a new wife, he shall not go out in the host,

neither shall he be charged with any business: he shall be free

at home one year, and shall cheer his wife that he hath taken."

The strangeness and loneliness which everywhere make themselves

felt as a formidable drawback to a young wife's joy, and which in

a polygamous family, where jealousies are bitter, must often have

reached the point of being intolerable, are provided for. In chap.

xxv. 1-3 again, which deals with the punishment of criminals by

beating, it is provided that in no case shall the number of blows

exceed forty, and that they shall be given in the presence of the

judge. This in itself was a measure of humanity, but the reason

given for the direction is greatly more humane. "Forty stripes he

may give him," says ver. 3; "he shall not exceed; lest, if he should

exceed, and beat him above these with many stripes, then thy brother

should seem vile unto thee." Even in the case of the criminal

care is to be taken that he be not made an object of contempt.

Punishment has gone beyond its true aim when it makes a man seem

vile unto his neighbours by attacking his dignity as a man; for that

should be inalienable even in a criminal. A man may have all his

material wants satisfied, and yet be sorely vexed and injured. God

sympathises with these hurts of the soul, and defends His people

against them.

After the lovingkindness of these commands, it seems almost

needless to say that the smaller social wrongs which men may inflict

upon each other are sternly forbidden. Often, the rich from want

of thought about the life of the poor carelessly do them wrong.

Such a case is that dealt within chap. xxiv. 14 f.: "Thou shalt not

oppress an hired servant that is poor and needy, whether he be of

thy brethren, or of thy strangers (_gerim_) that are in thy land

within thy gates: in his day thou shalt give him his hire, neither

shall the sun go down upon it; for he is poor, and setteth his heart

upon it: lest he cry against thee unto Yahweh, and it be sin unto

thee." The same command is given in Lev. xix. 13, and Dillmann is

probably right in regarding this as a Deuteronomic repetition of

that, since there the precept forms part of a pentade of commands

dealing with similar things, while here it stands alone. From early

times, therefore, Yahweh had revealed Himself as considering the

poor and the necessities of their position. Further, the poor man

or the wayfarer was permitted to satisfy his hunger by taking fruit

or grain in his hands as he passed through the fields. No one was

to die of starvation if the fields were "yielding meat." Last of

all, estrangement between brethren, _i.e._ all Israelites, was not

to free them from duties of neighbourly love. If a man find a stray

ox or sheep or ass, or a garment or any other lost thing, he is not

to leave it where he finds it. He is to restore it to the owner;

and if the owner is unknown or too far off, the finder is to keep

that which he has found till it is inquired after. Then if he see

his brother's, _i.e._ his neighbour's, ass or ox fallen by the way,

he must not pass by, but must help the owner to set it on its feet

again. That an estranged "brother" was especially in view is shown

by the fact that in the parallel passage (Exod. xxiii. 4) "thine

enemy's ox" and "the ass of him that hateth thee" are mentioned.

Now, we have called these precepts and provisions the flower and

blossom of the Deuteronomic legislation, because they reveal in

their greatest perfection that sympathy with the commonest and

the innermost cares of men which is the moving impulse of it all.

But they reveal more than that. They show that already in those

far-off days the secret of God's love to man had been made known.

Its universality so far as Israel was concerned, its penetrative

sympathy, its quality of regarding no human interest as outside

its scope, its superhuman impartiality--all are here. They are not

of course present in their full sweep and power, as Christ made

them known. Outside of Israel there were the Gentiles, who had a

share only in the "uncovenanted mercies" of God; and even among

the chosen people there were the slaves and the strangers, who had

a comparatively insecure relation to Him. Further, the thought of

the self-sacrifice of God, though soon to have its dawning in the

later chapters of Isaiah, was not as yet an appreciable element

in the Israelite theology. Nevertheless the passages we have been

considering throw a light upon social duty, as seen by this inspired

servant of God, which puts to shame the state of the Christian mind

on these subjects even now.

The great principles underlying right relations between men of

different social status are, according to these precepts, courtesy

and consideration. Now it is precisely the want of these which

lies at the root of the bitterness which is so alarming a symptom

of our social state at present. There is not, we are willing to

believe, much of intentional, deliberate oppression exercised by

the strong upon the weak. The injustice that is done is probably

inherent in the present social system, for the character of which

no one living is responsible. But one reason why reform comes so

slowly, and why patience till it can come dies out among the masses

of men, is that the employing classes, and those who have inherited

privileges, often convey to those they employ the impression that

they are beyond the pale of the courtesies which are recognised as

binding between men of the same class. Often without intending it,

their manner when they are approached by those they employ, their

short and half-aggrieved replies, reveal to the latter that they

are regarded much more as parts of the machinery, than as men who

might naturally be expected to claim, and who have a right to, the

recognition of their rights as men.

Of course there are excuses. There is the long tradition of

subordination to arbitrary power, from which none in earlier ages

of the world have been free. There is the impatience with which

a governing and organising mind listens to grievances which it

sees either to be inevitable under the circumstances, or to be

compensated by some corresponding privilege, which stands or falls

with the thing complained of. And then there is the absence of

outlook, which is the foible of the directing mind. It is set to

rule and make successful a large and intricate business under given

circumstances. The more effective such a mind is for practical

purposes, the more thoroughly will it limit itself to working out

the problem committed to it. When grievances have to be dealt with

which have their root in the present circumstances, and which imply

changes more or less radical in his fixed point if they are to be

redressed, it is hard for the employer to persuade himself that his

employees are not merely crying for the moon. If he think so, he

will probably say so; and working men go away from such interviews

with the feeling that it is vain to expect from employers any

sympathy for their aspirations towards a better social state, which

yet they cannot give up without a slur upon their manhood.

But though these are excuses for the attitude we have been

describing, there can be no question that the fine and delicate

courtesy which Deuteronomy prescribes is indispensable in order

to avert class hostility. Courtesy cannot, of course, change our

social state, and where it works badly evils that produce friction

will remain. But the first condition of a successful solution of

our difficulties is, that evil tempers should as far as possible

be banished, and for that purpose courtesy even under provocation

is the one sovereign remedy. For it means that you convey to your

neighbour that you consider him in all essentials your equal.

It means, too, that you are willing to recognise his rights and

to respect them. Though power may be on your side, and weakness

on his, that will only make it more incumbent upon you to show

that mere external circumstances cannot impair your reverence for

him as man. If that be sincerely felt, it opens a way, otherwise

absolutely closed, to mutual confidence and mutual understanding.

These once established, light on all parts of the social problem

(which, be it remembered, employers and employed must solve together

if it is to be solved at all) will break in upon the minds of both

classes. In spite of the diversity of their immediate interests,

the ultimate interest of all is the same. If contempt and suspicion

were excluded, eyes which are now holden would be opened, and a

common effort to reach a social state in which all men shall have

the opportunity of living lives worthy of men would become possible.

If all would learn to treat those of other classes with the courtesy

which they constantly show to those of their own, a great step in

the right direction would be taken. Men overlook much and forgive

much to their fellows when these recognise their equality, and show

that they attach importance to having good relations with them.

But much more is to be aimed at than that. The esteem for man as

man has great conquests yet to make before even the Deuteronomic

courtesy becomes common. But if these nobler manners are to come

in, then the motives suggested by Deuteronomy will have to be made

effective for our day. What these were it is not difficult to see.

They all had their source in the author's own relations and the

relations of his people to God. Each of his brethren of the chosen

people was a friend of Yahweh. There was no difference between

Israelite men before Him. He had brought them all, the poor and

the weak, as well as the rich and the strong, out of the house of

bondage; He had guided them all through the wilderness, and had

appointed each household a place in His land where full communion

with Him was to be had. He had thought many thoughts about them,

had given them laws and statutes dictated by loving insight, so as

to fill their life with the consciousness that Yahweh loved them,

condescended to them, and even allowed Himself to be made to serve

by their sins. Whatever else they might be, they were friends of

God, and had a right to respect on that ground. And for us who are

Christians all these motives have been intensified and raised to

a higher power. It is not lawful for us to call any man common or

unclean. It is not lawful to overwhelm and bear down the minds of

others by sheer energy and power. Those "for whom Christ died" are

not to be dealt with save on the worthy plane of moral and spiritual

conviction. That is the law of Christ; and so long as it is broken

in our labour troubles by contemptuous refusal of conference when

it can be granted without compromising principle, or by slighting

references to labour leaders and a refusal to meet them, when

leaders of another class would be courteously met, so long will the

bitterness which inevitably springs up trouble us.

It is not, however, to be supposed that only the rich can sin in

this respect. The labour organisations are becoming in many places,

the stronger,[123] and so far they have learned the law of courtesy

no better than their opponents. Opprobrious epithets and injurious

suspicions and accusations are the stock-in-trade of some who lead

the labour cause. That is as unworthy in them as it would be in

others; it is not only a crime, but a blunder.

[123] Especially in some of the Southern Colonies in one of which

this exposition is written.

But the practice of courtesy does not end with itself. It opens

the way for that consideration of the circumstances of the poor

which we have found so conspicuous in Deuteronomy. As we have seen,

Yahweh's precepts contemplate with the nicest care the unavoidable

necessities of the poor man's life. So He stirs us to endeavour

to realise the conditions of our poorer brethren, and by doing so

to avoid the blunders which well-meaning people make by assuming

that the conditions of their own life are the norm. There are

vast varieties of circumstance in the world; and from lack of

consideration those more favourably situated excite envies and

hatreds the bitterness of which they cannot conceive, by simply

taking it for granted that every one has the same opportunities for

recreation, the same possibilities of rest. To realise clearly what

life and death mean to the toiling millions of men; to see that

matters which are small to those who live the materially larger and

freer life of the class above them are of vital moment to the poor;

to consider and allow for all such things in their dealings with

them,--this is the teaching of Deuteronomy. Hence the command to pay

the labourer his wages in the same day. The heart of man responds

when this note is struck. In nothing is the story of Gautama the

Buddha more true to the best instincts of humanity than in this,

that it represents him as making his great renunciation through

coming into intimate contact with the pain and misery of ordinary

life.[124] That gave him insight, and insight wrought sympathy, and

sympathy transformed him from being a petty prince of Northern India

into the consoler and helper of millions in all Eastern lands. Even

hopeless pessimism, when born of sympathy, has an immense consoling

power. Much more should the inextinguishable hope given by Christ,

combined as it is with the same sympathetic insight, console men and

uplift them.

[124] _Buddhism_, by T. W. Rhys Davids, p. 29.

But the sixteenth verse of chap. xxiii. reminds us that in that

ancient Deuteronomic world there were sad limitations to these lofty

sympathies and hopes. If intensively Deuteronomy almost reaches the

Gospel, extensively it shows the whole difference between Judaism

at its best and Christianity. Below the world of free-born members

of the Israelite community, to whom the precepts we have hitherto

been considering alone apply, there was the class of slaves, who

in many respects lay beyond the region of the finer charities. The

origin of slavery we need not discuss. It was a quite universal

feature in all ancient communities, and was doubtless a step upwards

from the custom of destroying all prisoners taken in war. Among the

Hebrews it had always been customary; but in historic times it was

not among them the all-important matter it was in Greek and Roman

polity. Had it been so, it would have been impossible to discuss the

economic ideals of Israel without taking this social feature into

consideration first. But slaves were comparatively few in Israel,

and the slave trade can never have been extensive, since no slave

markets are mentioned in the Old Testament. Moreover the social

state of the country made owners of slaves share in the slaves'

work, and that of itself prevented the growth of the worst abuses.

But the most powerful element in making the lot of the slave

tolerable was undoubtedly the just and pitiful character of the

Israelite religion.

The fundamental position with regard to him was, however, the common

one: he was the property of his master. He could be sold, pledged,

given away as a present, and inherited, and could even be sold to

foreigners. But a female slave, if taken as a subordinate wife,

could not be sold, but only freed if she ceased to occupy that

position. Exclusive of the Canaanites, subject to forced labour,

and the Nethinim, the servants of the Sanctuary, who occupied

much the same place as the _servi publici_ in Rome, there were

two classes of slaves, non-Israelites and Israelites. The ways in

which a non-Israelite slave could come into Israelite hands were

just what they were elsewhere. They might be prisoners of war,

they might be purchased from travelling merchants, they might

voluntarily have sold themselves from poverty in a strange land, or

might have been sold for debt, and finally they might be children

born of slaves. Their lot was of course the hardest. Yet even they

were not so entirely unprotected by the law as slaves were among

Greeks and Romans. They were recognised as men, having certain

general human rights. The master had no right to kill; and if he

maimed his slave he had to give him his freedom, according to the

oldest law (Exod. xvi. 20 f.). The law regarding the killing of a

slave has often been quoted as singularly harsh, especially that

clause which says that if a slave when fatally smitten lives for

some days after the blow, his death shall not be avenged, "for he

is his (the master's) money." But it ought, notwithstanding the

harshness of the expression, to be judged quite otherwise. The fact

that death was not immediate was taken to indicate that death was

not intended, and consequently the loss of the slave was thought a

sufficient punishment. But the prohibition of the deliberate murder

of a slave was a humane provision which could not be paralleled in

the Græco-Roman world. Moreover these laws would not seem to have

been widely called into action. The humane spirit became so general

in Israel that slaves were generally well treated. In Prov. xxix.

21 over-indulgence to a slave is deprecated, as if it were a common

error; and during the whole history there is no mention of evils

resulting from cruel treatment of slaves, much less any record

of servile insurrection. Nor is there very frequent mention even

of runaway slaves. On the other hand, we read of slaves who were

stewards of their masters' houses; others probably were entrusted

with the charge of the education of children.

In Deuteronomy we find, as we should expect, that the movement

towards humanity in dealing with slaves is greatly furthered. In

chap. xxi. 10 ff. the hardship of a woman's lot when she was taken

captive in war is mitigated with sympathetic insight. To modern

women of the Western world the lot of such an one seems so dreadful

that no mitigation of it can make any difference. The current

teaching among even religious men is that rather than submit to it

a woman is justified in suicide. But in antiquity the personality

of woman was undeveloped, the chances of life constantly passed

her from one master to another, and things intolerable now were

tolerable then. Making even these allowances, however, if we look

at the law of the Old Testament as being in all its provisions and

_ab initio_ Divine, it seems impossible to praise it. A law which

graciously permitted a captive woman to mourn for her people for

a month, and only then allowed her captor to marry her, but if he

wished afterwards to get rid of her provided that he should not sell

her, but should let her go whither she would, cannot be said to be

in itself compassionate. But, if the customary law of the Israelite

tribes, restrained and purified by the higher spirit, be regarded as

the basis of Old Testament legislation, then the leaven of religion

and humanity can be seen working nobly, and in a manner worthy of

revelation, even in such cases as these. Long after the Christian

era we see what the ordinary fate of a captive woman was, in the

conduct of Khalid the "sword of the Lord," one of the first great

Mohammedan soldiers. When he had captured Malik ibn Noweira, who had

resisted Islam, along with his wife, he gave orders which led to

Malik's death, and the same night he married his widow.[125] Shortly

afterwards, at the battle of Yemama, he demanded the daughter of

his captive Mojda, and married her, as the Caliph wrote in reproof,

"whilst the ground beneath the nuptial couch was yet moistened

with the blood of twelve hundred." Horrors like these Deuteronomy

forbids. The frenzied moments of a captive's first grief are

respected, and some tenderness is shown to woman in a world where

her lot at its best had always in it possibilities which cannot now

be even thought of with equanimity. The same steady pressure to a

nobler form of life is likewise seen in the Deuteronomic law dealing

with the case of a foreign slave who had taken refuge in Israel

(Deut. xxiii. 15 f.). In the words, "Thou shalt not deliver unto

his master the slave which is escaped from his master unto thee; he

shall dwell with thee, in the midst of thee, in the place which he

shall choose within one of thy gates, where it liketh him best; thou

shalt not oppress him," we have, thus early, the same legislation

which it is the peculiar boast of England to have introduced into

the modern world. "Slaves cannot breathe in England," and the

moment they touch British soil in any part of the world they are

free. This was the case with the land of Israel according to the

Deuteronomic conception of what it ought to be.

[125] Sir W. Muir, _Caliphate_, pp. 26 and 33.

But the highest points of privilege come to the non-Israelite slave

in a way which disturbs the modern conscience, for they came by

means of compulsion in religion. In contrast to the day labourer

and the "Toshab" or sojourner, the slave _must_ be of his master's

religion. For a heathen, however, that was not a difficulty. His

gods were gods of his land; and when he left his land and was

carried into a foreign country, he had no scruple about worshipping

the god of the new land. A typical case of this is found in the

narrative 2 Kings xvii., where the immigrants whom the king of

Assyria had settled in Samaria after Israel had been carried captive

besought him to send some one to teach them how to worship Yahweh.

This adoption of the master's religion secured equality of slave and

free to a degree which could not otherwise have been attained, and

brought the slaves fully within the humanity of the Hebrew law. It

gave them the Sabbath (chap. v. 14). It gave a full share in all the

religious festivals and a part in the sacrificial feasts (Deut. xii.

12 and xvi. 11, 14). Such slaves were, in fact, fully adopted into

the family of God, and became brethren, poorer and more unfortunate,

but still brethren of their masters. They had indeed no claim to

freedom, as Israelite slaves had; they were slaves in perpetuity.

But their slavery was of a kind that did not degrade them beneath

the condition of man.

With regard to Israelite slaves the beneficence of the law was

naturally still greater. The fullest statement in regard to them

is found, not in Deuteronomy, but in Lev. xxv. 39-46; but in the

main we may suppose that in its larger outlines the distinction

between Israelite and non-Israelite slaves there insisted on was

always acknowledged. They were not to be thrust down into the

lowest depth of slavery, and they were not to be set to the lowest

kinds of labour, rather to that which hired labourers were wont

to do, because they were of the children of Israel, of the nation

whom Yahweh had brought out of the house of bondage. Further, they

had a right to emancipation every seventh year, that is to say,

whenever they had served six full years they could claim freedom in

the seventh. Their original property was meant to be restored to

them in the Sabbatic year, and so their degradation could last only

for a very limited time. In Exod. xxi. 2 ff. we find the original

provisions concerning the Israelite slave. Deuteronomy simply took

these up, and modified them in certain respects. It extends all

that Exodus says of the slave to the female slave also, and, in its

care for and understanding of the difficulties of the poor, enacts

that a slave when set free shall receive a fresh start in life from

the cattle, the barn, and the winepress of the former owner. But

this anticipation of discharged prisoners' aid societies was too

high a demand upon a faithless generation. Even Jeremiah could not

get it carried out; and the probability is that none but the most

spiritually minded of the Jews ever regarded it as binding law.

The love which love of Yahweh inspired spread still more widely. It

took in not only the poor and the slave, but it took account also of

the lower animals. It has been often made a reproach to Christianity

that it makes no such appeal on behalf of the lower creation as

Buddhism does. But that reproach (like the kindred one brought by

J. S. Mill, that in comparison with the Qur'an the New Testament

is defective in not pressing civil duty) is tenable only if the

New Testament be absolutely severed from the Old. Taken as the

completion of the moral and religious development begun in Israel,

Christianity takes up into itself all the experience, and all the

teaching by example, which the Old Testament contains. It does not

repeat it, because to the first Christians the Old Testament was

the Divinely inspired guide. It was at first their whole Bible,

and to take the New Testament by itself as an independent product

is to mutilate both the Old and the New. When the Old Testament,

therefore, enjoins kindness to animals we may set down all that

it prescribes to the credit of Christianity. So much, at least,

the latter must be held to teach; and if we consider the spirit as

well as the letter of this law, there is no exaggeration in saying

that it covers all the ground. Here, as in the case of slaves and

the poor, the fundamental reason for kindness is relation to God.

In the Yahwist's narrative in Gen. ii. all creatures are formed by

God, and God Himself shows kindness to them. Indeed in passages like

Psalm xxxvi. 7, as Cheyne well remarks, there is an implication

"that morally speaking there is no complete break of continuity in

the scale of sentient life," and that, as is seen by passages like

Jer. xxi. 6, and Isa. iv. 11, the mild domesticated animals "are in

fact regarded as a part of the human community." In the Decalogue

the animals that labour with and for man have their share in the

Sabbath rest, and the produce of the fields during the Sabbatic year

(Exod. xxiii. 11; Lev. xxv. 7) is to be for them as well as for the

poor. That they were mere machines of flesh and blood, to be driven

till they were worn out, and were then to be cast aside, seems never

to have occurred to the Israelite mind. These helpful creatures

had made a covenant with man, and had a share in the consideration

which the sons of Israel were taught to have for one another. In

reaching that attainment Israel had reached the only effective

ground for dealing with animals, as Cheyne says, "without inhumanity

and without sentimentalism." The individual prescriptions of

Deuteronomy emphasise and bring down these principles into the

practical life. It is probable that the precept not to seethe a kid

in its mother's milk (Deut. xiv. 21) was, in part at least, a law

of kindness, founded upon a reverential feeling for the parental

relationship even in this lower sphere. The command in Deut. xxii.

6 is certainly so. We read there: "If a bird's nest chance to be

before thee in the way, in any tree or on the ground, with young

ones or eggs, and the dam sitting upon the young, or upon the eggs,

thou shalt not take the dam with the young; thou shalt in any wise

let the dam go, but the young thou mayest take unto thyself; that

it may be well with thee, and that thou mayest prolong thy days."

Evidently the ground of sympathy here is the existence and the

sacredness of the parental relationship. The mother bird is sacred

as a mother; and length of days is promised to those who regard the

sanctity of motherhood in this sphere, as it is promised to those

who observe the fifth commandment of the Decalogue. Thus intimately

the lower creation is drawn into the human sphere.

The only other precepts under this head are that a fallen animal is

always to be lifted (Deut. xxii. 4), and the ox is not to be muzzled

when it is treading out the corn (Deut. xxv. 4). These were ordinary

prescriptions of humanity, but they too rest upon the sympathetic

identification of the sufferings and wants of all sentient beings

with those of mankind. It may be objected, however, that St. Paul

denies that the last precept really was due to pity for the oxen. In

1 Cor. ix. 9, referring to it, he says, "Is it for the oxen that God

careth, or saith He it altogether for our sake? Yea, for our sake it

was written." But there is no real contradiction here. It is quite

impossible that a devout Jew like St. Paul did not believe that

God's "tender mercies are over all His works" (Psalm cxlv. 9). He

would have been false to all his training had he not accepted that

as a fundamental axiom. His apparent denial does not refer at all to

the historic fact that the precept _was_ given because of God's care

for oxen. It only signifies that, when taken in its highest sense,

it was meant to form character in _men_. St. Paul argues, as Alford

says, "that not the oxen, but those for whom the law was given, were

its objects. Every duty of _humanity_ has for its ultimate ground,

not the mere welfare of the animal concerned, but its welfare in

that system of which man is the head, and therefore man's welfare."

In fact St. Paul understood the Old Testament as we have seen it

demands to be understood, and places the duty of kindness to animals

in its right relation to man.

In all relations, therefore, Deuteronomy insists that life's main

principle shall be love illumined by sympathy. Beginning with

God and giving man's unquiet heart a firm anchorage there, it

commands that all creatures about us shall be embraced in the same

sympathising tenderness. It forbids us to look upon any of them as

mere instruments for our use, for all of them have ends of their

own in the loving thought of God. God is for it the great unifying,

harmonising power in the world, and from a right conception of Him

all right living flows. If the New Testament asks with wonder how a

man who loves not his brother whom he hath seen can love God whom

he hath not seen, the Old Testament teaches with equal emphasis the

complementary truth that he who loves not God whom he hath not seen

will never love as he ought his brother whom he hath seen. For to it

Yahweh is the first and last word; and all the growth in kindness,

gentleness, consideration, and goodness which can be traced in

the revelation given to Israel, has its source in a conception of

the Divine character which from the first was spiritual, and was

moreover unique in the world.

The Expositor's Bible: The Book of Deuteronomy · 第 23 / 26 章