091: The Special Laws, II (Part 2)
THE SPECIAL LAWS, I - Part 2*
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XVI. (65) It is forbidden also on this day to kindle a fire, as being the beginning and seed of all the business of life; since without fire it is not possible to make any of the things which are indispensably necessary for life, so that men in the absence of one single element, the highest and most ancient of all, are cut off from all works and employments of arts, especially from all handicraft trades, and also from all particular services. (66) But it seems likely that it was on account of those who were less obedient, and who were the least inclined to attend to what was done, that Moses gave additional laws, besides, thinking it right, not only that those who were free should abstain from all works on the seventh day, but also that their servants and handmaids should have a respite from their tasks, proclaiming a day of freedom to them also after every space of six days, in order to teach both classes this most admirable lesson; (67) so that the masters should be accustomed to do some things with their own hands, not waiting for the services and ministrations of their servants, in order that if any unforeseen necessities came upon them, according to the changes which take place in human affairs, they might not, from being wholly unaccustomed to do anything for themselves, faint at what they had to do; but, finding the different parts of the body active and handy, might work with ease and cheerfulness; and teaching the servants not to despair of better prospects, but having a relaxation every six days as a kind of spark and kindling of freedom, to look forward to a complete relaxation hereafter, if they continued faithful and attached to their masters. (68) And from the occurrence of the free men at times submitting to the tasks of servants, and of the servants enjoying a respite and holiday, it will arise that the life of mankind advances in improvement towards perfect virtue, from their being thus reminded of the principles of equality, and repaying each other with necessary services, both those of high and those of obscure rank. (69) But the law has given a relaxation, not to servants only on the seventh day, but also to the cattle. And yet by nature the servants are born free; for no man is by nature a slave. But other animals are expressly made for the use and service of man, and are therefore ranked as slaves; but, nevertheless, those that ought to bear burdens, and to endure toil and labour on behalf of their owners, do all find a respite on the seventh day. (70) And why need I mention other particulars? The ox, the animal who is born for the most important and most useful of all the purposes of life, namely, for the plough, when the earth is already prepared for seed; and again, when the sheaves are brought into the barn, for threshing in order to the purification of the crop, is on this day unharnessed, keeping as a festival that day which is the birthday of the year. And thus its holiness pervades every thing and affects every creature.
XVII. (71) And Moses thinks the number seven worthy of such reverence that even all other things which at all partake of it are honoured by him; at all events, on every seventh year he ordains a remission of debts, assisting the poor, and inviting the rich to humanity; (10) [Deu 15:1] that so they, from their abundance, giving to those that are in want, may also look forward to receiving services from them in the case of any disaster happening to them. For the accidents of human life are numerous, and life is not always anchored on the same bottom, but is apt to change like the fickle wind which blows in different directions at different times. (72) It is well, therefore, that the kindness shown by the creditors should extend to all the debtors. But since all men are not naturally inclined to magnanimity, but some men are the slaves of money, or perhaps not very rich, the law has appointed that they should contribute what will not inconvenience them when parted with. (73) For while it does not permit them to lend on usury to their fellow countrymen, it has allowed them to receive interest from foreigners; calling the former, with great felicity of expression, their brothers, in order to prevent any one’s grudging to give of his possessions to those who are as if by nature joint inheritors with themselves; but those who are not their fellow countrymen are called strangers, as is very natural. For the being a stranger shows that a person has no right to a participation in any thing, unless, indeed, any one out of an excess of virtue should treat even those in the conditions of strangers as kindred and related, from having been bred up under a virtuous state of things, and under virtuous laws which look upon what is virtuous alone as good. (74) But the action of lending on usury is blameable; for a man who lends on usury has not abundant means of living, but is clearly in some want; and he does so as being compelled to add the interest to his principal in order to subsist, and so he at last becomes of necessity very poor; and while he thinks that he is deriving advantage he is in reality injured, just as foolish animals are when they are deceived by a present bait. (75) But I should say to such persons, "O you who lend on usury, why do you seek to disguise your unsociable disposition by an apparent pretence of good fellowship? And why do you in words, indeed, pretend to be a humane and considerate person, while in your actions you exhibit a want of humanity and a terrible hardness of heart, exacting more than you gave, and sometimes even doubling your original loan, so as to make the poor man an absolute beggar? (76) Therefore no one sympathises with you in your distress, when, having endeavoured to obtain more, you fail to do so, and besides lose even what you had before. But, on the contrary, all men are glad of your misfortunes, calling you a usurer, and a skinflint, and all kinds of names like those, looking on you as one who lies in wait for human misfortunes, and who esteems the misfortunes of others his own prosperity." (77) But, as some have said, wickedness is a most laborious thing; and he who lends on usury is blind, not seeing the time of repayment, in which he will scarcely, or perhaps not at all, receive the things which in his covetousness he had hoped to gain. (78) Let such a man pay the penalty of his avaricious disposition, not recovering back what he has expended, so as to make a gain of the misfortunes of men, deriving a revenue from unbecoming sources. But let the debtors be thought worthy of a humanity enjoined by the law, not paying back their loans and usurious interest upon them, but paying back merely the original sum lent. For again, at a proper season, they will give the same assistance to those who have aided them, requiting those who set the example of kindness with equal services.
XVIII. (79) After having given these commandments, Moses proceeds in regular order to establish a law full of all gentleness and humanity. "If," says this law, "one of thy brethren be sold to thee, let him serve thee for six years; and in the seventh year let him be set free without any Payment," (11) [Deu 15:12] (80) Here again Moses calls their fellow countrymen their brothers, implanting in the soul of the owner by this appellation an idea of relationship to his servant, that he may not neglect him as a stranger, towards whom he has no bond of goodwill. But that, yielding to a feeling of affection for him as a relation, in consequence of the lesson which the holy scripture thus suggests, he may not feel indignant when his servant is about to recover his freedom. (81) For it has come to pass that such men are called slaves (douloi), but they are in reality only servants (theµtes), serving their masters for the sake of their necessities. And even though they had a thousand times over given their masters absolute power and authority over them, (82) still their masters ought to be gentle to them, considering these beautiful injunctions of the law. O man, he is a hireling who is called a slave, and he also is a man, having a most sublime relationship to you, inasmuch as he is of the same nation as yourself; and perhaps he is even of the same tribe and the same borough as yourself, and is now reduced to this condition through want. (83) Do you, therefore, casting out of your soul that treacherous evil, insolence, behave to him as if he were a hireling, giving some things and receiving others. And so he will, with all energy and cheerfulness perform the services due to you, at all times and in all places, never delaying, but by his speed and willingness anticipating your commands. And do you, in return, provide him with food and raiment, and take all other necessary care of him; not yoking him to the plough like a brute beast, and not oppressing him with heavy burdens beyond his power to bear, nor treating him with insolence, nor reducing him to painful despondency by threats and infliction of punishment; but giving him proper relaxation and well-regulated periods of rest; for the precept, "Let nothing be too much," applies to every case, and especially to the conduct of masters to their servants. (84) Therefore, when he has served you for a very sufficient time, for six years, then, when the most sacred number, the seventh year is about to arrive, let him who is free by nature depart in freedom; and grant him this kindness without hesitating as to your part, my good man, but joyfully, because you have now an opportunity of doing a service to that most excellent of all animals, man, in the most important of all matters; for there is no blessing to a slave greater than freedom. (85) Do you, therefore, set him free joyfully; and, moreover, make him a present from your own property, from each portion of your possessions, giving to him who has served you faithfully means to support himself on his journey. For it will tend to your credit if he does not leave your house in poverty but having a plentiful supply for all his necessities, so that he may not again, through want, fall into his previous calamity, namely, slavery, being compelled through want of his daily food to sell himself, and so your kindness will be lost. This, then, is enough to say about the poor.
XIX. (86) In the next place Moses commands the people to leave the land fallow and untilled every seventh year, for many reasons; (12) [Lev 25:4] first of all, that they may honour the number seven, or each period of days, and months, and years; for every seventh day is sacred, which is called by the Hebrews the sabbath; and the seventh month in every year has the greatest of the festivals allotted to it, so that very naturally the seventh year also has a share of the veneration paid to this number, and receives especial honour. (87) And the second reason is this, "Be not," says the lawgiver, "wholly devoted to gain, but even willingly submit to some loss," that so you may bear with the more indifference involuntary calamity if it should ever fall upon you, and not grieve and despond, as if at some new and strange occurrence; for there are some rich men so unfortunate in their dispositions, as, when want comes upon them, to groan and despond no less than they might do if they were deprived of all their substance. (88) But of the followers of Moses, all who are true disciples, being practised in good laws, are accustomed, from their earliest age, to bear want with patience, by the custom of leaving their fertile land fallow; and being also taught magnanimity, and one may almost say, to let slip out of their hands, from deliberate intention, revenues of admitted certainty. (89) The third reason appears to me to be thus, which is intimated in a somewhat figurative manner, namely, to show that it does not become any one whatever to weigh down and oppress men with burdens; for if one is to allow a period of rest to the portions of the earth which cannot by nature have any share in the feelings of pleasure or of pain, how much the more must men be entitled to a similar relaxation, who have not only these outward senses, which are common to the brute beasts, but also the especial gift of reason, by which the painful feelings which arise from toil and fatigue, are more vividly imprinted on their imaginations? (90) Cease, therefore, ye who are called masters, from imposing harsh and intolerable commands on your slaves, which break the strength of the body by their compulsion, and compel the soul to faint even before the bodies; (91) for there is no objection to your exerting a moderate degree of authority, giving orders by which you will receive the services to which you are entitled, and in consequence of which your servants will cheerfully do what they are desired; and then they will discharge their duties but for a short period, as if early exhausted, and, if one must say the truth, brought by their labours to old age before their time; but like athletes, preserving their youthful vigour for a long time, who do not become fat and corpulent, but who are accustomed, by exertion and sweat, to train themselves, so as to be able to acquire the things which are necessary and useful for life. (92) Moreover let the governors of cities cease to oppress them with continual and excessive taxes and tributes, filling their own stores with money, and in preserving as a treasure the illiberal vices which defile their whole lives; (93) for they do, on purpose, select as collectors of their revenues the most pitiless of men, persons full of all kinds of inhumanity, giving them abundant opportunity for the exercise of their covetousness; and they, in addition to their own innate severity of temper, receiving free license from the commands of their masters, and having determined to do everything so as to please them, practise all the harshest measures which they can imagine, having no notion of gentleness or humanity, not even in their dreams; (94) therefore they throw everything into disorder and confusion, levying their exactions, not only on the possessions of the citizens, but also on their persons, with insults and violence, and the invention of new and unprecedented torture. And before now I have heard of some persons who, in their ferocity and unequalled fury, have not spared even the dead; but have been so brutal as even to venture to beat the dead corpses with goads; (95) and when some one blamed their brutality, in that not even death, that relief and real end of all miseries, could prevent their victims from being insulted by them, but that, instead of a grave and the customary funeral rites, they were exposed to continued insult, they made a defence worse even than the accusation brought against them, saying that they were insulting the dead, not for the sake of abusing the dumb and senseless dust, for there was no advantage in that, but for the sake of making those who through ties of blood or of friendship were nearly connected with them feel compassion for them, and so inducing them to pay a ransom for their bodies, thus doing them the last service in their power.
XX. (96) Then, O you most worthless of all men! I would say to them, have you not first learnt what you are now teaching? or do you know how to invite other people to compassion even by the most inhuman actions, and yet have you eradicated all merciful and humane feelings from your own souls? And do you act in this way in spite of not being in want of good advisers, and especially of our laws, which have released even the earth from its yearly burdens, giving it a relaxation and a respite? (97) and it, although it seems to be inanimate, is nevertheless fully prepared to make a requital and to recompence favours, hastening to pay back any gift which it has received; for as it receives an exemption every seventh year, and is not forced to exert itself that year, but is set wholly free for the whole circle of the year, in the subsequent year produces double, or sometimes, many times, larger crops than usual from its great productiveness. (98) And in like manner you may see the trainers acting in the same way towards the athletes; for when they are exercising them with continual and uninterrupted practice, before they are wholly knocked up, they refresh them, giving a respite not only from their exertions in training, but also from their strict regimen of eating and drinking, relaxing the severity of their diet so as to produce a cheerfulness of soul and good condition of body. (99) And yet they are not to be looked upon as teachers of indolence and luxury, inasmuch as their professed business is to train men to the endurance of labours, but by a certain method and artificial system they add to their natural strength a strength more powerful still, and to their innate vigour a more energetic vigour still, increasing their previous powers by reciprocal remission and exertion, as by a well-regulated harmony. (100) And I have learnt all this from all-wise nature, which, knowing the industrious and laborious condition of our race, has distributed them into day and night, giving to us the one for wakefulness, and the other for sleep; (101) for she felt a natural anxiety, like a careful mother, that her offspring should not be worn out with toil; for by day she excites our bodies, and rouses them up to all the necessities and duties belonging to life, compelling those to work who would gladly be accustomed to cultivate the leisure of idleness, and an effeminate and luxurious life. But by night, as if she were sounding a retreat in time of war, she invites us to rest, and to take care of our bodies. (102) And those men who have laid aside a heavy weight of business, which has lasted from morning till evening, do now lay their burdens aside and return home and devote themselves to ease, and indulging in profound sleep, refresh themselves after the labours of the day. (103) This long interval between sleeping and waking nature has allotted to men, that they may by turns labour diligently and by turns rest, so as to have all the parts of their bodies more ready for action, and more active and powerful.
XXI. (104) And the lawgiver, who is a prophetic spirit, gave us our laws, having a regard to these things, and proclaimed a holiday to the whole country, restraining the farmers from cultivating the land after each six years’ incessant industry. But it was not only on account of the motives which I have mentioned that he gave these injunctions, but also because of his innate humanity, which he thinks fit to weave in with every part of his legislation, stamping on all who study the holy scriptures a sociable and humane disposition. (105) For he commands his people every seventh year to forbear to enclose any piece of land, but to let all the olive gardens and vineyards remain open, and all their other possessions, whether they be seed-land or trees, that so the poor may be able to enjoy the spontaneously growing crops without fear, in a greater, or at all events not in a less degree than the owners themselves. (106) On which account he does not allow the masters to cultivate the land, having in view the object of not causing them any annoyance from the feeling that they are at all the expense, but that they do not receive any revenue from their lands to make up for the expense, while the poor enjoy all the crops as their own; and he permits those who appear to be strangers to enjoy all these things, raising them from their apparent lowly condition, and from the reproach of being beggars. (107) Is it not then fit to love these laws which are full of such abundant humanity? by which the rich men are taught to share the blessings which they have with and to communicate them to others: and the poor are comforted, not being for ever compelled to frequent the houses of the indigent to supply the deficiencies by which they themselves are oppressed; (108) but there are times when the widows and orphan children, as if they had been deriving a revenue from their own properties, namely the spontaneously growing crops, as I have said before, and all other classes of person who are disregarded from not being wealthy do at last find themselves in the possession of plenty, being on a sudden enriched by the gift of God, who has called them to share with the possessors themselves in the number of the sacred seven. (109) And all those who breed flocks and herds lend their own cattle with fearlessness and impunity to graze on the land of others, choosing the most fertile plains, and the lands most suitable for the feeding of their cattle, availing themselves of the license of the jubilee; and they are not met by any ill-will or illiberality on the part of the masters, as having the property in these lands by old custom, which having prevailed for a very long time, so as to become familiar, has now prevailed even over nature.
XXII. (110) Having laid down these principles as a kind of foundation of gentleness and humanity, he then puts together seven sevens of years, and so makes the fiftieth year an entirely sacred year, enacting with reference to it some ordinances of especial honour beyond those which relate to the ordinary years of communication of property. (111) In the first place he gives this commandment. He thinks it fitting that all property that has been alienated should now be restored to its original masters in order that the inheritances originally apportioned to the different tribes may be preserved, and that no one who originally received an allotment may be wholly deprived of his possessions. (112) Since it often happens that unforeseen circumstances come upon men by which they are compelled to sell what belongs to them. And so he provided in a suitable manner for their necessities, and prevented those who purchased the lands from being deceived, allowing the one to sell their lands, and teaching the others very plainly the conditions on which they are going to purchase. (113) For the law says Do not give a price as if for an everlasting possession, but only for a definite number of years, which must be less than fifty; for the sale effected ought not to be a sale of the lands owned, but a sale of the crops, for two most weighty reasons; one, that the whole country is called the possession of God, and it is impious for any one else to be recorded as the masters of the possessions of God; and secondly, because a separate allotment has been assigned to each land-owner, of which the law does not choose the man who originally received the allotment to be deprived. (114) Therefore, the law invites the man who is able to recover his original property within the period of fifty years, or any one of his nearest relations, to use every exertion to repay the price which he received, and not to be the cause of loss to the man who purchased it, and who served him at a time when he was in need of assistance. (115) And at the same time it sympathises with the man who is in too great a state of indigence to do so, and bestows its compassion on him, giving him back his former property with the exception of any fields which have been consecrated by a vow, and are so placed in the class of offerings to God. And it is contrary to divine law that any thing which has been offered to God should ever by lapse of time become profane. On which account it is commanded that the accurate value of those fields shall be fully exacted, without showing any favour to the man who dedicated the offering.
XXIII. (116) These are the commandments which are given with respect to the divisions of the land and the inheritances so portioned out. There are others also enacted with respect to houses. And since of houses some are in cities, being within walls; while others are open abodes in the country, and not within any walls; the law has directed that those in the country shall always be redeemed with money, and that those which are not redeemed before the fiftieth year shall be restored without any payment to their original owners, just as their other possessions; (13) [Lev 25:31] for the houses are a portion of the man’s possessions. (117) But those which are within walls shall be liable to be redeemed by those who have sold them for a full year; (14) [Lev 25:19] but if they be not redeemed within that year, then after that year they shall be confirmed to those who had bought them, the jubilee of the fiftieth year not injuring the claim of the purchasers. (118) And the reason of these enactments is that God wills to give even to strangers an opportunity of becoming firmly established in the land. For since they have no participation in the land, inasmuch as they are not numbered among those to whom the inheritances have been apportioned, the law has allotted to them a property in houses, being desirous that they who have come as suppliants to the laws, and who have taken refuge under their protection, should not be homeless wanderers in the land. (119) For the cities, when the land was originally portioned out in inheritances, were not divided among the tribes, nor indeed were they originally built together in streets, but the inhabitants of the land preferred to make their abode in their open houses in the fields. But afterwards they quitted these houses and came together, the feeling of a love of fellowship and communication, as was natural, becoming stronger after a lapse of time, and so they built houses in the same place, and cities, of which they allowed a share also to the strangers, that they might not be destitute of every thing both in the country and in the cities.
XXIV. (120) And concerning the tribe which was set apart as consecrated for the priesthood, the following laws are established. The law did not bestow upon the keepers of the temple any portion of the land, considering the first fruits of it a sufficient revenue for them. But it allotted them eight and forty cities to dwell in, and a suburb of two thousand cubits around each City. (15) [Leviticus 35:5.] (121) Therefore, it did not confirm the houses in these cities in the same manner that it did those in the other cities which are built within walls, to the purchasers, if those who had sold them were not able to redeem them within the year, but it permitted them to be redeemed at any time, like the open houses in the country taken from the gentiles, to which they corresponded. Since the Levites had received only houses in this district, of which the lawgiver did not think it fit that those who received them should be deprived any more than those to whom the allotments of the open houses in the country had fallen. And this is enough to say about the houses.