CHAPTER XVII.

THE CIVIL INSTITUTES OF MOSES; OR THE HEBREW CODE OF CIVIL LAW.

IN scripture phrase, the code is most often called “The statutes and

the judgments”――the “commandments and precepts” which the Lord gave by

Moses (Deut. 6: 1 and Ex. 21: 1).

I approach this subject with a feeling of regret that the necessary

limits of this volume forbid any attempt to make my presentation of

this topic exhaustive. The utmost I can do within the limits prescribed

is to give an outline rather than a full development of this code.

I shall aim to make this outline full enough to show the _steps and

stages of progress_ in the science of legislation which are obvious in

these “statutes and judgments.”

I must first call attention to certain points of a general nature, most

of which will need only a brief statement.

1. This code of laws was _given to the Hebrews by God himself, through

the hand of Moses_. For the sake of brevity and to distinguish it from

other codes we may speak of it as the code of Moses and may speak of

Moses as the Hebrew lawgiver; yet let it be said once for all that we

recognize no authority――no authorship other than that of God himself.

2. This code was built upon the moral law of Sinai――the ten

commandments. It simply expands and applies the general principles

expressed or implied in that summary.

3. It was framed with the purpose of reaching the highest moral

standard practicable in the circumstances of the people――the highest

which it was possible to enforce. This doctrine assumes that any

special statute which is so far above the moral status of the people

as to be practically inoperative and void may be for this very reason

an evil rather than a good inasmuch as it may break down rather than

build up the law-abiding spirit of the people. Consequently the best

statute for any given people may be the best that can be in the main

enforced――the best which they can be brought up to respect and obey.

Hence it may happen that some of the statutes in the best practicable

system will be only second best――_i. e._ not theoretically perfect,

but only the best practically for the circumstances. We may illustrate

this by the law of divorce, as to which Jesus himself remarks that

Moses “because of the hardness of your hearts suffered you to put

away your wives, but from the beginning it was not so” (Mat. 19: 8).

The provisions for an easy divorce were a concession to a sadly low

morality among the people――the best under the circumstances――the

best that could be made operative with that people, but by no means

theoretically perfect.――――The reader will take note that we had

no occasion to apply this principle to the moral law of the ten

commandments, nor indeed to the underlying principles of this code

of “statutes and judgments,” but only to some of its practical

applications of these principles.

4. It is an inference from our last-named point that this code must

needs _take the people as they were_; must have regard to existing

usages, to the common law under which they had been living, and perhaps

must be compelled to tolerate some undesirable usages until better

principles could be inculcated and a higher moral tone of public

sentiment could be established. Illustrations of this principle appear

in the prevalent system of servitude, and in polygamy.

5. Another inference from the point above made is that this code

can not be held responsible for what was in existence before its

promulgation; _e. g._ personal slavery. It can be held responsible

only for doing the best that could be done with such a people――a people

so educated, accustomed to such usages and trained in such ideas.

6. That this code, though given by the Lord himself, was not

theoretically perfect but only the best practicable, is obvious from

the fact that it was from time to time modified. Cases of this appear

in the law respecting the six years’ emancipation of Hebrew servants

(compare Ex. 21: 2–7 with Deut. 15: 12–17); the taking of pledges from

the poor for the payment of debts: (compare Ex. 22: 26 with Deut. 24:

6, 10–15). See also the law of inheritance in a family consisting of

daughters only (Num. 36).

7. That this code was framed with the design of a special adaptation

to the Hebrew people appears in such facts as these, viz. that though

it went into immediate effect and continued in force during their

wandering life in the wilderness forty years, yet it anticipated

their ultimate residence in Canaan, especially in its land-law and its

provision for the entailment of real estate. Also it anticipated the

future demand for a king according to the usage of contiguous nations

and provided for this modification in the general government.

8. At the point where the administration of justice first appears,

the sole responsibility seems to have rested on Moses (Ex. 18). At

the suggestion of Jethro (as we have seen) important modifications

were introduced. Further modifications were made after the settlement

in Canaan. In consequence of the close connection between the church

and the state――the religious law and the civil――the same class of men

were to a great extent put in charge of both. The tribe of Levi became

the ministers of religion and the administrators of civil law as well.

Exempted chiefly from agriculture and from military service, they

became the learned class――the lawyers of the nation. “The priests’

lips should keep knowledge and they should seek the law at his mouth”

(Malachi 2: 7).

9. The question how far this divinely revealed code of law is

authoritative upon human legislators and should control legislation

in this Christian age, should be carefully considered. With no attempt

to exhaust this question, I may suggest briefly:――(1.) That the great

principles of this code should underlie every code of human law.

These principles must be good for all time――for man in his social and

civil relations every-where. For example, its doctrine of equity; its

law of love; its regard for the personal rights of life, chastity,

property; its doctrine of the essential equality of every man’s rights

before the law; and its assumption that the poor, being otherwise

defenseless, have special need of the protection of law, and should

be regarded therefore as the special wards of government and its

officers.――――(2.) As the moral law of the ten commandments is obviously

the compend and summary of the great principles which underlie this

Hebrew code, so should this moral law be the compend and summary of

the principles that should underlie every human code of law in whatever

age of the world and in whatever stages of civilization.――――(3.) As

the Hebrew code while accepting the supreme authority of the ten

commandments and aiming to embody and apply its principles did yet

allow to itself a certain latitude in adjusting its “precepts and

statutes” to the condition of the people, so may human legislators.

Lessons of wisdom may be drawn from this code in both these lines

of its example; viz. its fidelity to the principles and doctrines of

the perfect moral law of Sinai; and its careful adaptation of these

principles to the actual status of the people so as to reach the

highest possible amount of practical efficiency in securing the ends

of justice and of virtue.

* * * * *

The brief analysis and treatment of the _civil code_ here attempted

will follow mainly the same order of subjects which appears in the law

of Sinai; thus:

I. Crimes against God:

1. Idolatry;――2. Perjury;――3. Presumptuous sins;――4. Violations

of the Sabbath;――5. Blasphemy;――6. Magic.

II. Crimes against parents and rulers (Fifth commandment).

III. Crimes against the person and life (Sixth commandment).

IV. Crimes against chastity (Seventh commandment).

V. Crimes against property; laws respecting property (Eighth

commandment).

VI. Crimes against reputation; violations of truth (Ninth commandment).

VII. Hebrew servitude.

VIII. Judicial procedure.

IX. Punishments.

* * * * *

I. Crimes against God:

1. _Idolatry._ The laws against idolatry included both the professed

worship of the true God by means of images, and the worship of

other gods. As the law of Sinai forbade both these practices with

no special discrimination between them, so did the “statutes and

judgments”――the law apparently holding it of small account to attempt

any discrimination. In the case of the golden calf (Ex. 32) Aaron

having more knowledge of the true God than the body of the people, may

have thought only of worshiping the Lord (“To-morrow is a feast to the

Lord”); but the people bringing their notions from their Egyptian life,

may have had no thought beyond the calf, and so may have worshiped

it as their God. Plainly the professed worship of God by means of

images was a perpetual temptation to let slip all just conceptions

of God and to worship images only, or some other object than God. No

discrimination in point of penalty appears in the law. Both forms seem

to have been condemned and punished with no attempt to discriminate

between them. Individual idolaters, after careful examination and clear

proof of guilt, were stoned――the witnesses casting the first stone

(Deut. 17: 2–7). No man might allow himself to be seduced into the

worship of other gods――no, not by a brother, or a son, or a wife, or

by friend dear as his own soul, but must expose the sin of his seducer

and spare not his very life (Deut. 13: 6–11). A city given to idolatry,

if the case be proven, must be utterly destroyed and made a perpetual

desolation (Deut. 13: 12–16). The statutes were absolutely sweeping

against any possible form of similitude, image, or representation, made

for an object of worship; and also against the worship of the heavenly

bodies――a form of idolatry both ancient and widely diffused (Deut. 4:

13–19).――――To guard them against temptation in the social line, they

were forbidden to eat in idolatrous festivals (Ex. 34: 15). Apparently

many special usages were forbidden because of their associations with

idol worship (Lev. 19: 27, 28). The prohibition to eat blood or fat

may have been in part sanitary, but probably was also anti-idolatrous.

The distinction between things clean and unclean helped to make them

a peculiar people, and may have been so intended.

* * * * *

2. _Perjury._ The law of Sinai tacitly indicates that the Lord himself

would take the perjurer in hand, would never hold him guiltless, and

would be responsible for his punishment. The statutes touch only a

single case――“A false witness rising up against any man to testify

against him that which is wrong”――ordaining that the case be brought

before the judges who are to make diligent inquisition. If found

guilty, the evil he thought to bring upon another must be visited upon

himself (Deut. 19: 16–21).――――In general the sanctity of the sacred

oath was shielded by Jehovah himself, searching out and punishing the

guilty. Oaths seem to have been far less frequent than in the modern

administration of law――less frequent, but more sacred, this binding

force being laid on every conscience and left to the awful sanctions

of Jehovah.

* * * * *

3. _Presumptuous sins._ The law against such sins sought to impress

due reverence for God’s authority. A broad distinction was made between

sins of ignorance and sins where knowledge of duty was presupposed and

the offense involved deliberate contempt of God. The external act was

of smallest consequence. The law said, “The soul that doeth _aught_

presumptuously”――no matter what it be. Certain cases are specified

having these common elements――that the law was plain; the duty palpable;

and innocent ignorance not even supposable;――_e. g._ the law of the

Sabbath against all [needless] work (Ex. 31: 14, 15 and 35: 2, 3). The

case (Num. 15: 32–36) of the man who gathered sticks on the Sabbath,

stands in the closest connection with the law against “presumptuous

sins,” showing that the offense was seen in that light. The most

emphatic condemnation of presumptuous sins immediately precedes (vs.

30, 31) in these words: “The soul that doeth aught presumptuously, the

same reproacheth the Lord; and that soul shall be cut off from among

his people” (_i. e._ by capital punishment). “Because he hath despised

the word of the Lord and hath broken his commandment, that soul shall

be utterly cut off; his iniquity shall be upon him.” He must bear it

himself, with no atonement provided for his pardon.――――Other cases

specified are――the eating of unleavened bread during the Passover (Ex.

12: 15); neglect of the Passover when its observance was practicable

(Num. 9: 13); eating certain sacrificial offerings while unclean (Lev.

7: 20, 21); eating fat or blood (Lev. 7: 23–27).

The reason for laws of this sort, apparently so stringent and severe,

lies in the facts――that God was their king; that he looked on the heart;

and that whatever acts manifested contempt of his authority and treason

against his throne were in their very nature the highest possible

crimes.

* * * * *

4. _Laws against violations of the Sabbath_ have been indicated

sufficiently under the previous head. The statute was so entirely

definite; the line of duty so easily defined and understood, it seemed

to be assumed that palpable violations of the Sabbath were presumptuous

sins, and they are treated accordingly. The case of the man who

gathered sticks was carried up to the Supreme King, apparently because

though the law was clear, the external act was in itself trivial. God’s

answer amounted to this; No offense _can be trivial_ if the spirit of

it contemns God’s authority and reproaches his name.

* * * * *

5. _Blasphemy._ A case of blasphemy is specially described (Lev. 24:

10–16, 23). It was referred to God, the Supreme Ruler. “They put him in

ward that the mind of the Lord might be showed them.” The Lord replied

through Moses: “Bring forth him that hath cursed without the camp;

and let all that heard him lay their hand upon his head, and let all

the congregation stone him.” The law was enacted accordingly: “He that

blasphemeth the name of the Lord shall surely be put to death, and all

the congregation shall certainly stone him.” The majesty of the Great

King――the infinitely holy God, must be held sacred. No punishment could

be too severe for a crime which struck so fatally against the reverence

and homage due to Jehovah.

* * * * *

6. _Magic Arts._ In examining the statutes on this point, we are

struck with the number and variety of names which designate these arts.

The standard enumeration (Deut. 18: 10, 11) gives at least _eight_;

viz.――――(1.) “He that useth divination”――professing to gain knowledge

and power more than human and in some sense divine:――――(2.) “An

observer of times”――the Hebrew word being related to _cloud_, perhaps

in the sense of covering, hiding, as the cloud shuts off the sun’s

light; practicing covert arts:――――(3.) “An enchanter”――the original

suggesting the serpent, and implying either a hissing, in imitation of

the serpent; or the practice of charming serpents, yet always connected

with the arts of divination:――――(4.) “A witch”――the Hebrew word

signifying one who mutters incantations, its cognate words having the

sense of praying, but in Hebrew only in the bad sense of seeking help

from others than God:――――(5.) “The charmer”――a word which suggests

_binding_ as with the spell of enchantment――“spell-bound”; often

used of the charming of serpents:――――(6.) “A consulter with familiar

spirits”; (Heb.) one who prays to the bottle-man――the Hebrew word

for bottle being applied to the ventriloquist from whose body came

forth unearthly sounds as from a second being imprisoned within him.

Ventriloquism was one of the arts practiced by the ancient magicians

to excite the wonder and to command the belief of the credulous.――――The

English phrase――“familiar spirit”――signifies spirits who stand in such

a relation to the performer that they _come at his call_, like servants

of his _family_, he having the power to evoke them at his will. Of

course it is pretended that these spirits are other than human and

greater than human spirits can be while yet in the body. The original

Hebrew [Ob] comes down to us in the African “Obe-man” who still follows

the same profession, by means of similar arts.――――(7.) “The wizard”

is one who claims superhuman wisdom――the old English accurately

translating the Hebrew: the distinctively _wise one_. Of course the

word is restricted in usage to this sort of superior wisdom――that which

is gained by the arts of magic.――――(8.) “The necromancer”――precisely

the spiritist of modern times――or rather, of all time――who claims to

have communion with the spirits of dead men.[41]

I have led the reader through this analysis of the original words,

to aid him toward some just conception of the associated ideas which

cluster round the _magic arts_ of the Hebrew age. Their name and

their arts are legion. Think of so many classes――professions――of

men and women naturally shrewd, sharp, cunning; practicing upon the

superstitions, the fears, the gullibility of the millions; gaining

an almost unlimited control over them; working upon their imagination,

haunting them with the dread of unknown powers, bringing up to

them ghosts froth the invisible world, claiming to give auguries of

the future, playing in every way that may be for their own selfish

interests upon their fears and their hopes to extort their money or to

make sport of their fears, or to gratify their own or others’ malice.

Or go still deeper and see all this machinery subsidized by the devil

to impress men with his supremacy, to extort their homage, or at least

their fear of himself; and perhaps, most of all, to turn them utterly

away from the true God and to displace him from his proper sphere as

the supreme hope and joy and trust of mortals.――――It will always be an

unsettled question――How much help in the line of superhuman knowledge

and power does Satan give to his servants who work the infernal

machinery of magic arts? But on the point of his interest and sympathy

in these arts, there need not be the least question whatever. A system

so near akin in spirit and influence to idolatry――which so thoroughly

displaces God from the hopes and fears of men, and which seeks so

successfully to instal these horrible superstitions in his place;――a

system which perverts the powers of the world to come to subserve

ungodliness and which practically rules out the Blessed God from the

sphere of men’s homage, fears, and hopes;――this system has always

been worked by wicked and never by good men――has always subserved all

iniquity, but piety and morality never;――this has been a master stroke

of Satan’s policy and one of the most palpable fields of his triumph

through all the ages.――――Let it not surprise us that God’s law given

through Moses denounced it unqualifiedly and made it punishable with

death.

The nations whom God drove out of Canaan were steeped in its

abominations and ripened under its influence for their righteous

doom.――――I am not aware that even one pagan, idolatrous nation,

known to history since the world began, has been free from this

abomination――the arts of magic. Egypt, Canaan, Babylon, India, Africa,

historic Greece and Rome; the old nations of Northern Europe, the

savages of America――all come up to testify that they have been cursed

by its presence and power. The latest edition, modified slightly

to adjust it somewhat to an age of Christian civilization, is the

“spiritism” of our day――of which I need at this point to say but

two things:――(1.) That its principles and policy, its spirit and

its influence, are essentially the old “_necromancy_” of the ages of

all history: and (2.) That it naturally becomes the nucleus around

which chrystallizes whatever elements in society are irreligious and

unchristian.――――This last remark would not deny that some are attracted

toward it temporarily by curiosity; but it would maintain that the

animus, the soul of the system, is congenial to those who know not God,

and who choose not to know him;――who therefore gladly seek a substitute

for God, for his Bible, for prayer, and for trust in his providence in

these new revelations from the future, unseen world.

Passages in the Old Testament treating of this subject are Ex. 22: 18

and Lev. 19: 26, 31, and 20: 6, 27, and Deut. 18: 10, 11, 14, and 1 Sam.

28: 7–20, and 1 Chron. 10: 13, 14, and 2 Kings 21: 6, and 2 Chron.

33: 6, and Isa. 8: 19, 20.

II. _Crimes against Parents and Rulers_;

(Violations of the Fifth Command).

Of crimes against parents, the statutes of Moses specify smiting and

cursing (Ex. 21: 15, 17); the penalty in both cases, death. The precept

forbidding to curse a parent is repeated impressively (Lev. 20: 9);

“For every one that curseth father or mother shall be surely put to

death: he hath cursed his father or his mother; his blood shall be upon

him.” This crime stands in the list of those that are anathematized――in

Deut. 27: 16: “Cursed be he that setteth light by his father or his

mother; and all the people shall say, Amen.”――――In Mat. 15: 3–6 and

Mk. 7: 9–13, our Lord seems to give this law forbidding a son to curse

father or mother, coupled with the fifth command, a construction broad

enough to require him to give them an adequate support――of course in

their years of infirmity and want.――――That God had a high regard for

this filial duty toward parents is manifest in the place of priority

accorded to the fifth command and in the special promise made to those

who fulfill its obligations.

In Deut. 21: 18–21, the case is supposed of a son incurably stubborn,

rebellious, gluttonous, and drunken, upon whom parental chastisement

is unavailing. The law very considerately provides that his father and

his mother shall lay hold of him and bring him before the elders of his

city unto its gates (_i. e._ into open court), and there, as a public

example and warning, the men of his city shall stone him with stones

that he die:――“So shalt thou put evil away from you and all Israel

shall hear and fear.”――――Parental love and partiality would guaranty

this law against abuse. It is pleasant to note that no case of its

execution is on record. Perhaps the severity of the law forestalled its

violation.――――The spirit of this precept is so fully in harmony with

the book of Proverbs that we naturally expect to find it there. (See

Prov. 20: 20 and 30: 11, 17.)

A precept forbidding insult and reproach of magistrates stands in Ex.

22: 28: “Thou shalt not revile the gods [Elohim used probably in the

sense of _judges_], nor curse the ruler of thy people.” The word “gods”

here can not refer to false gods, idols (as the English reader might

suppose), for the Hebrew word can not bear that sense, nor would it be

pertinent. The parallelism with “ruler of thy people” favors the sense

above suggested――_judges_――acting under God and in his behalf before

the people. Their sacred office under God is assumed to be good reason

for treating them with respect and against offering them insult.――――No

penalty is attached to the violation of this law――perhaps because

the penalty ought to depend so much upon the aggravation of the

offense.――――Under the kings, it was apparently a capital crime, for

when Shimei cursed king David (2 Sam. 19: 21–23) Abishai assumed that

he ought to die; and his temporary pardon was manifestly due to David’s

sad consciousness of deep personal ill-desert and of God’s righteous

visitations upon him.

III. _Crimes against Person and Life_;

(Violations of the Sixth Command).

Under this head the salient and vital points are:

1. That the _real murderer must be put to death_, and no “satisfaction”

be ever taken in place of his life.

2. That the law discriminated with the utmost care and wisdom between

real murder, and homicide, more or less justifiable. [Special laws

touching injuries done to servants will be treated under the head of

Hebrew servitude.]

3. A special law provided cities of refuge.

4. Another special law met the case of murder by unknown hands.

5. Inexcusable carelessness causing injury or death was punished.

6. Personal injuries not fatal were specially punished by statute.

1. Real murder was punished capitally. “He that smiteth a man so that

he die shall be surely put to death” (Ex. 21: 12 and Lev. 24: 17).

The law appears fully in Num. 35: 9–34 and Deut. 19: 4–13, 20, 21,

in connection with provisions for the cities of refuge. With firm and

solemn tone the law declared “Ye shall take no satisfaction for the

life of a murderer who is guilty of death, but he shall be surely put

to death. So shall ye not pollute the land wherein ye are; for blood

it defileth the land, and the land can not be cleansed of the blood

that is shed therein but by the blood of him that shed it. Defile not

therefore the land which ye shall inhabit wherein I dwell, for I the

Lord dwell among the children of Israel” (Num. 35: 31–34).――――This

reaffirms and amplifies the doctrine of the law as given to Noah and to

the repeopled world; “And surely your blood of your lives [life-blood]

will I require at the hand of every beast will I require it, and _at

the hand of every man_; at the hand of every man’s brother [such a case

as that of Cain and Abel] will I require the life of man. Whoso [with

no exception] sheddeth man’s blood, by man shall his blood be shed;

_for in the image of God made he man_.” Human life is sacred, and God

protects it under the sternest possible penalties――nothing less than

the life of the murderer. That God intended this law _for the whole

race, for the entire repeopled world_ from and after Noah, is too plain

to be denied or even doubted. It is not easy to see how another word

could be said to make this more plain. The law of Sinai and the code

given through Moses are intensely emphatic, indeed, perfectly decisive.

The law does not prescribe the mode of this capital punishment. In

various other crimes punishable with death, the mode is by stoning,

done, however, not by any one executioner, but by many; in some

cases by “the men of the city.” The penalty for murder would often be

executed by the blood-avenger――the nearest relative of the murdered man;

and it seems to be assumed that he would use any deadly weapon he might

choose (Num. 35: 19, 21, 27 and Deut. 19: 6, 11–13).

2. The law discriminated with the utmost care and wisdom between real

murder, and homicide, more or less justifiable. Real murder was to be

proven as follows:

(1.) By previous hatred and enmity. Of course this could be known by

human judges only by its manifestations.

(2.) By violent passion in the act――which I take to be the sense of

the words in our translation: “If a man come _presumptuously_ upon his

neighbor; [in Heb.] if a man _boil up with rage_ against his neighbor

to slay him with guile,” etc. (Ex. 21: 14).

(3.) By evidence of premeditation――“lying in wait” (Ex. 21: 13, and

Num. 35: 15–23, and Deut. 19: 4–6).

(4.) By the sort of instrument used (Num. 35: 16–18). “An instrument of

iron;” “a stone;” “a hand-weapon of wood,” _i. e._ _wood of the hand_,

large enough to fill the hand and deal a death-blow.

On the other hand it would be in favor of homicide if one had killed

his neighbor “ignorantly”――“whom he had not hated in time past;” or

thrust upon him suddenly without enmity; without lying in wait; or

cast upon him a stone seeing him not, nor seeking his harm, etc. (Num.

35: 22, 23 and Deut. 19: 4–6). A case for example is given――the head

of a man’s ax flying off when he is at work and killing his neighbor.

3. A special law provided for _cities of refuge_. (See Ex. 21: 13 and

Num. 35, and Deut. 19 and Josh. 20).――――At the era of Moses it was

already a time-honored usage that the nearest blood-relative should

avenge the blood of his slain friend. The prevalence and strength

of this sentiment were due of course, primarily, to the instincts

of human nature; but secondarily to the fact that as an institution

for the protection of person and life, the family was prior to the

state.――――The Goel [as he was called in Hebrew]――the blood-avenger

or Redeemer, could not be expected to exercise cool and impartial

discrimination over the questions lying between murder in the

first degree and homicide. To obviate this evil the Lord introduced

an important modification upon the previously current usages of

blood-revenge. It was this. Six cities in Palestine――three on each side

of the Jordan were selected in such convenient geographical position

that from any point of the whole country the man-slayer might make the

nearest one within less than one day’s run.――――All these were cities

of the Levites; hence the leading men of the city would be competent

to hold a preliminary investigation. The man-slayer fled for his life

to the nearest of these cities. The legal authorities there protected

him against the Goel――the blood-avenger. The elders of his own city,

if the case seemed to demand it, might send and fetch him; try him, and

deliver him up to the blood-avenger; or remand him back to his city of

refuge. Thus this city shielded him against sudden and indiscriminate

vengeance, and secured for him a trial before the congregation or

elders of his own city. If his case was proved to be homicide, he

must remain within the city of refuge till the death of the high

priest, after which the avenger’s right to take his life (outside

the refuge-city) ceased and he could go at large in safety. This

provision affixed a limit to his quasi-imprisonment. Perhaps it was

also significant of the pardon for sin provided for in the death of our

Great High Priest.――――If the man-slayer allowed himself to be caught

by the blood-avenger outside his city when he should be within it, the

avenger might take his life with impunity.

The law was specific on the point that human life must not be taken

on the testimony of one witness only――a plurality of witnesses being

required (Num. 35: 30, and Deut. 17: 6, and 19: 15).――――It was no

crime before the law to kill a thief breaking into a house by night

(Ex. 22: 2, 3). After sunrise, it became a crime of blood to take

his life――it being assumed that he might be caught and compelled to

make restitution, and that the peril to your own life and that of

your family is materially lessened. The law carefully guarded the

defenseless hours of sleep by night. If a thief in defiance of this

law played the burglar by night, he must run his own risk of death in

the attempt.

4. A very remarkable statute met the special case of a murder done

by unknown hands (Deut. 21: 1–9). The authorities from all contiguous

cities took up the case; measured carefully to fix upon the city lying

nearest to the bloody spot. Then the elders of that city were to take

a heifer never worked in yoke; bring her down into a wild, uncultivated

valley――the home of all weird and thrilling associations――and there

strike off the heifer’s head――the priests coming near and all the

elders of that city washing their hands over the headless heifer,

solemnly protesting――“Our hands have not shed this blood, neither have

our eyes seen it. Be merciful, O Lord, unto thy people Israel, and lay

not innocent blood unto thy people Israel’s charge.” “And the blood

shall be forgiven them. So shalt thou put away the guilt of innocent

blood from among you when thou shalt do that which is right in the

sight of the Lord.”――――The entire scene was well adapted to make the

impression that murder is no trifle, and that God held the whole people

responsible to some extent for the safety of every human life.

5. _Inexcusable carelessness_, followed by fatal results, was

punishable by law. A supposed case for a specimen appears in Ex. 21:

28, 29. The goring ox――wont to push with his horns――reported to his

owner but not “kept in” by him――killing man or woman――must be put to

death and _his owner also_, for his culpable negligence.

6. Personal injuries, not fatal, came under special statute. In the

case of a mutual quarrel and fight, personal injuries, less than fatal,

were punished by requiring their author to pay for the wounded man’s

loss of time and for his being “thoroughly healed” [nursing and medical

services].――――The master who smote his servant unto immediate death,

must surely be punished. But if the servant survived a day or two, the

presumption would be that the master did not intend to kill. His loss

in the services of his servant was considered his punishment.――――Other

special cases appear Ex. 21: 22 and Deut. 25: 11, 12 which were

better read than rehearsed.――――The principle of punishment by

retaliation――[“lex talionis”]――like for like――was applied in all

appropriate cases (Lev. 24: 18–21). “If a man cause a blemish in his

neighbor, as he hath done, so shall it be done unto him: Breach for

breach; eye for eye,” etc. (Ex. 21: 23–25 and Deut. 19: 21).

IV. _Crimes Against Chastity_;

(Violations of the Seventh Command).

The necessity for laws on this point at once discriminating, wise,

and stringent, will be sufficiently obvious when we consider (1.) The

strength of the passion to be controlled――constitutionally common to

all ages of the world:――――(2.) The sacredness of the marriage relation

and the inestimable value of moral purity in all human society――also

common to all ages of the world’s history:――――(3.) (Peculiar to the

earlier ages) the necessity of defining the limits of consanguinity

within which marriage should be prohibited, and all sexual connection

sternly forbidden. Perhaps we need to remind ourselves that the race

having sprung from a single pair and the world having been repeopled

a second time from one family, those primitive examples may have sent

down for many generations a certain looseness which called for special

restraint and a carefully defining law:――――(4.) The crimes of Sodom,

their polluting influence in so good a family as that of Lot; the low

morals of Egyptian life; some sad manifestations in the early history

of Jacob’s family; the horrible contagion of Moab and Midian when the

tribes of Israel came socially near them;――these and kindred facts

will be readily recalled as in point to show the necessity of vigorous

legislation in the Mosaic code to counteract these untoward influences

of their antecedent life and of surrounding society.――――The thoughtful

student of the Mosaic code as expanding and applying the seventh

commandment will be painfully impressed with the disadvantages under

which it labored by reason of the toleration of polygamy, concubinage,

and domestic servitude. In some points the law bore with special

severity upon woman as compared with man――a sort of imperfection

which was simply an inevitable result of tolerating those ancient

evils.――――It scarcely need be suggested that the value of this part

of the Mosaic code as a definite model for Christian legislation is

greatly lessened by this class of facts. Woman’s place in society then

was by no means that which the genius of Christianity has given her.

Unquestionably this code alleviated her condition as compared with what

it had been, and brought to her relief as large a boon of blessing as

the genius of the age would bear.

In view, partly of the difficulty of treating this subject with

minute detail in a way to make its discussion really useful, and

partly of its inferior value in some points as an example, for reasons

above indicated, I shall excuse myself from any minute and extended

presentation of these laws.

In general: The laws accord ample space to the condemnation of the

unnatural crimes of sodomy and bestiality (Lev. 18 and 20, and Deut.

23: 17, 18, and 27: 21): also to incest, which for historic reasons

needed to be thoroughly and stringently defined (Lev. 18 and 19

and 20): to adultery proper; to the case of a suspected wife (Num.

5: 11–31);――to seduction and rape; aggravated whoredom in the form

of public prostitution; of prostitution to an idol; of impurity in a

priest’s daughter; in a woman betrothed, etc., etc.――――The study of

these laws would impress pure-minded readers with a sense of the great

pains taken to lift up and regenerate a sadly low and debased condition

of social morals on these points; and also with a sense of special

difficulty arising from the fact that society was quite too low to

bear the introduction and enforcement of the Christian law of marriage

as against concubinage, polygamy, and the debasement inseparable

from even modified slavery. We shall rise from the careful study of

this department of the Hebrew code with gratitude for the wisdom and

goodness which attempted so much, yet with a deeper gratitude that a

purer and higher code came to mankind through the law of Christ and the

spirit of an enlightened Christian age.

V. _Statutes Protecting Rights of Property_;

(Expanding the Eighth Command).

In Ex. 22: 1–15, 25–28, and 23: 4, 5, we have the earliest instalment

of statutes on this point. The staple penalty for theft was restitution,

yet varying widely in amount to meet the peculiarities of the case. In

pastoral life cattle were specially exposed; therefore the law ordained

that if the thief had killed the animal or sold it, he must restore――of

oxen five for one; of sheep, four. But if the animal was found alive

in his hand, the restitution was only double――two for one. The law made

the charitable supposition that the thief might yet repent and bring

back the stolen property, and purposely favored this result. On the

other hand the selling or destruction of the animal would indicate a

fixed purpose to have the avails of it, and also to render detection

more difficult――both of which purposes the law punished sharply.――――It

may well be noted that restitution was a telling, stinging penalty,

touching the sensibilities of the thief in a very tender point. The

indolent or unprincipled man who thought to live upon his neighbor’s

toil, would find stealing very unprofitable. The law had the more grip

in those times because if a man tried to put his property out of his

hands to evade the demand for restitution, or were in fact too poor

to restore four or five fold, there was always the last resort――the

law could take him for a slave (“servant”) and make him _work it

out_.――――This was one of the incidental benefits of a hard system: it

could be applied so as to make the penalties for theft very effectually

stringent.

The law punished trespass upon another’s property and want of care for

its due protection――on which points, subsequent, statutes reaffirm and

expand what we first find in Ex. 22. (See Deut. 22: 1–4.)

* * * * *

While the law was vigorous, not to say severe, against criminal theft,

it was yet _exceedingly lenient towards the unfortunate and innocent

poor_, _e. g._,

(1.) It gave permission to eat another’s property for the supply of

present want. The specifications are――The grapes of thy neighbor’s

vineyard; and his standing corn. Thou mayest eat grapes, but not put

one in thy vessel; mayest pluck the heads of grain in thy hand, but

never move thy sickle against thy neighbor’s grain (Deut. 23: 24, 25).

(2.) It regulated thoughtfully and compassionately the whole subject

of _pledges_, _i. e._ securities for the payment of debt. As first

announced (Ex. 22: 26, 27), it provided that if the poor man’s garment

were taken in pledge, it must certainly be restored to him by sundown,

because it was his bed-covering for the night; and God would surely

hear the poor man’s cry if he were compelled to lay himself down to

sleep with no covering.――――As subsequently revised or enlarged (Deut.

24: 6, 10–13, 17), the statute peremptorily forbade taking the upper

or the nether millstone in pledge, because no oriental family could

subsist without these. It also forbade the creditor to go in to the

poor man’s house to get his pledge lest he fix his covetous eye on

something there, but required him to wait patiently outside for the

poor man to bring it out――a provision which manifests a specially

delicate regard for the feelings of the poor. He was not obliged to

expose his deep poverty, nor to disclose all he had to the greedy gaze

of his more wealthy neighbor.――――The law also forbade the taking of a

widow’s raiment in pledge.

(3.) The law was entirely explicit and positive in its prohibition of

_usury_. By “usury” the Hebrew meant, not merely excessive or illegal

interest, but _interest_ itself――_all_ interest――money paid for the use

of money, or any thing valuable paid for the use of any other property

borrowed.――――The first statute (Ex. 22: 25) was general, yet fully

covered the principle: “If thou lend money to any of my people that

is poor by thee, thou shalt not be to him as an usurer, neither shalt

thou lay upon him usury.” The law contemplated the poor only; for the

rich are presumed to be above the necessity of borrowing money. The

borrowing of money as capital to be used in trade, or in manufacture,

or in the purchase of land, had no place at all in the business economy

of Israel. The borrowing which the law contemplated was only that

of the poor man to meet his imperative necessities. A man who had no

accumulations to draw from for a sick day or a casualty, must borrow or

go hungry. God speaks of such poor as “my people,” and forbids taking

interest on what they must needs borrow.

In the later books (Lev. 25: 35–38 and Deut. 23: 19, 20) we have

perhaps a later and revised form of the statute. “If thy brother

be waxen poor, thou shalt relieve him. Take thou no usury of him or

increase; fear thy God, that thy neighbor may live with thee. Thou

shalt not give him thy money upon usury, nor lend him thy victuals

for increase.” In Deut. (as above) the law discriminates between “thy

brother” and a stranger. “Thou shalt not lend upon usury to thy brother;

unto a stranger thou mayest lend upon usury.” The ground for this

discrimination against the stranger may be a purpose to discourage his

residence in the land; or it may be related to the general fact that

foreigners were the men of traffic. (The original words for Canaanite

and for merchant were the same.) Tradesmen, doing business on borrowed

capital, might afford to pay interest; and on every principle of right

and justice, ought to do so. But God did not encourage the Israelites

in traffic with other nations. It would have been quite too perilous to

their morals, and to their religion.

The reader will scarcely need the suggestion that the Hebrew law

against interest applies in our Christian age only to the case of

loans made to the poor to meet their necessities. The spirit of the

law unquestionably _does_ apply in such cases, and does _not_ apply to

any other.

(4.) _Many special statutes contemplated relief for the poor._――――The

corners and the gleanings of the harvest field; a forgotten sheaf; a

few clusters of grapes also and some olives on the olive tree, must

be left for the poor and the stranger (Lev. 19: 9, 10, and 23: 32, and

Deut. 24: 19–22)――each of these successive statutes adding somewhat

in detail to the preceding.――――The day wages of the poor laborer must

be promptly paid, even on the very same day (Lev. 19: 13 and Deut. 24:

14, 15). But especially the sabbatic year (each seventh) was designed

to be a special benefaction to the poor. This law (Deut. 15: 1–11)

uses chiefly the word “release” in regard to the debts of the poor.

Critics are sharply divided over the question whether this release was

an entire _remission of debts_, or only a _stay of collection_, putting

it over for this one year. In favor of the latter view, Michaelis

and others urge that the reason for stay of collection was that

no cultivation of land was permitted during this year, and hence

there were no crops of this sort, and therefore only diminished means

of paying debts. Also that the law might be so abused as mostly to

annihilate all rights of property, inasmuch as the statute (v. 9) would

virtually put the property of the more wealthy within the control of

the less wealthy. Thou shalt not withhold because the year of release

is at hand, etc.

On the other hand, the arguments for construing the law to mean an

actual release of debt in the case of “thy poor brother” or neighbor,

are strong, and in my view, conclusive; _e. g._

(a.) This is the legitimate meaning of the original word translated

“release.” There should never be any deviation from the legitimate

sense of the original staple word, without cogent reasons――a principle

which is doubly strong _in the words of a law_.

(b.) This construction is fully in harmony with the genius of the

entire code in all its statutes for the relief of the poor.

(c.) On this construction the limitations of the statute are precisely

in place; _e. g._――to the case of “thy poor brother.” “Thou shalt

release _save when there_ shall be no poor among you”: also――“If there

be among you a poor man of one of thy brethren, etc., thou shalt not

harden thy heart nor shut thy hand from thy poor brother, but shalt

open thy hand wide unto him, and shall surely lend unto him sufficient

for his need in that which he wanteth”――[not all your property: you are

not required to make over every thing you have]. “Beware that there be

not a thought in thy wicked heart, saying――The year of release is at

hand” [and I shall never get my money or my grain back again], “and he

cry unto the Lord against thee, and it be sin unto thee.” This shaping

of the statute plainly contemplates a real remission of this sort of

debts on each seventh year.

(d.) To the same purport is this――that the law excepts debts against a

foreigner: “Of a foreigner thou mayest exact it.” Our translators have

taken the liberty to add the word “again,” but without the least

authority from the Hebrew. The word “again” seems to come from the

theory that this statute required a stay of collection for one year in

the case of the foreigner: but of this there is no proof in the law as

it came from the hand of Moses.――――In the time of Nehemiah (5: 1–12)

there was unquestionably an entire remission of debts to the poor, and

not the least hint that this was going beyond the Mosaic law. On the

contrary it is implied that “the fear of our God” (v. 9)――equivalent

to obedience――would require just this.

This seventh or sabbatic year had other special features besides

the remission of the poor man’s debts as in Deut. 15: 1–11. These

additional features appear in Lev. 25, which provides (vs. 2–7) that

this year shall be a Sabbath of rest to the soil――rest from its usual

cultivation.――――In this chapter we find also a kindred institution――the

Jubilee――each fiftieth year――next following each seventh Sabbatic

year. Inasmuch as this arrangement would bring two years of land-rest

together, the Lord gave a special promise that the fertility of the

year immediately preceding should suffice against the necessities of

these two years of rest――a fact which testifies that God ruled his

people Israel under a system of special providences. If Moses is to be

considered as even in a secondary sense the legislator of the people,

he must have had unbounded confidence in God’s special direction and

counsel in these statutes.

The law of the Jubilee gave personal liberty to all bondmen. Of this,

more must be said under “Hebrew servitude.” It also provided for the

return of all real estate――all the lands of Canaan――to their original

possessors. Lands could be alienated only till the jubilee. They were

sold, if at all, subject to this law. Consequently a sale of land was

only a lease for at longest forty-nine years――_i. e._ for the years

intervening till the next jubilee. They were subject to redemption at

any time――the price to be graduated by the years which the lease had

to run. Houses in walled cities were redeemable only within one year

from sale; but in unwalled cities, houses followed the law of land,

returning with the land to their original owner at the jubilee. The

houses of Levites were accounted as land.――――These statutes had a

twofold purpose; to afford relief to the poor; and to prevent the

entire alienation of the lands of Canaan from the tribes, families,

and individuals to whom they were originally given.――――The question,

how far these institutions――the Sabbatic year and the Jubilee――were

observed in the future history of Israel is foreign from our present

purpose.

VI. _Crimes against reputation_;

(the details of the ninth commandment).

Here are stringent statutes against _false accusation_ and

_false witness_. Under this general head fall two distinct

cases:――(a) Testimony given to favor the guilty (Ex. 23: 1, 3);――――and

(b) allegations designed to condemn the innocent (Deut. 19: 16–21).

(a.) The former class (as given Ex. 23: 1, 3) forbids not merely

originating (“raise”), but _taking up_ a false report and seconding

it by indorsement. It warns men not to be drawn in to help the wicked

in their malicious plots to screen each other, though they be many.

The cause of the poor man which you may not favor (v. 3) is certainly

supposed to be a bad one. Your sympathy for him as poor must not

override justice and truth.

(b.) False witness, purposed to condemn the innocent, is met by

the statute (Deut. 19: 16–21). The accuser and the accused are to be

brought face to face before the Lord and before the priests and the

judges who are to “make diligent inquisition,” obviously hearing both

parties, and if the accuser is proved to be a false witness, “Ye shall

do to him as he thought to do to his brother; thine eye shall not pity,

but life shall go for life; eye for eye,” etc.

Tale-bearing, _i. e._ tattling, retailing scandal maliciously or

for a past-time, needed the force of law to abate and suppress it

in those times as in most other ages. “Thou shalt not go up and down

as a tale-bearer among thy people, neither shalt thou stand against

the blood of thy neighbor. I am the Lord” (Lev. 19: 16–18)――“Standing

against the blood,” must mean――taking ground against the very life,

and must not be construed to forbid truthful testimony against the

real murderer. But the informer should constantly remember that his

neighbor’s interests and life are too precious to be lightly tampered

with. Thy neighbor may have said or done something wrong. Your duty

in the case is not to scatter broadcast all you know and more than

you know of his misdeeds; but first of all――“Thou shalt not hate thy

brother in thy heart,” but “love him as thyself” (v. 18); and next,

“Thou shalt in anywise [by all means] rebuke thy neighbor, and not

suffer sin upon him.”――――This last clause has been understood in two

ways:――(a) Thou shalt not suffer the sin to lie upon him with no effort

on thy part to bring him to repentance: or (b) Thou shalt not bear on

thine own conscience the sin of neglecting to admonish him; _i. e._

thou shalt not submit to bear this sin on his account――a sin which

comes of knowing his crime and of failing in your duty to save him

by means of judicious and fraternal rebuke. The latter construction

is best sustained by Hebrew usage of the words. See the same words,

Lev. 22: 9 and Num. 18: 32, and the preposition “_upon_ him,” in Ps.

69: 8――“_For thy sake_ have I borne,” etc. The verb in this clause

means rather to “_bear_” in your own person, than to “suffer” to exist

in another.――――The passage, so interpreted, assumes it to be your

solemn duty to labor to bring your neighbor to repentance if you are

cognizant of his wrong-doing, and implies that you must lie under a

load of sin if you fail to do so. But do it _in love_ (loving him even

as yourself) as well as in all fidelity to his soul, as also to your

own. Do this instead of going up and down to scatter this scandal among

those who will do nothing to save your erring neighbor, and nothing to

relieve your conscience of your responsibility in his behalf.

While this statute bears against giving information about misdeeds of

minor sort, there were two crimes of such magnitude that every man was

bound to testify in the proper form against them; viz. idolatry and

murder. See the case of idolatry in Deut. 13: 6–14: “Neither shalt

thou conceal him, but thou shalt surely kill him: thy hand shall be

first upon him to put him to death, and afterward, the hand of all the

people.” (Also v. 14)――――The expiation for murder by an unknown hand

included this most solemn protestation: “Our hands have not shed this

blood, neither have our eyes seen it.” Of course, whoever might have

seen was most sacredly bound to testify.

The Pentateuch, in Its Progressive Revelations of God to Men · 第 16 / 21 章