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THE LESSER LAW (continued).
PART II.--RIGHTS OF THE PERSON.
The first words of God from Sinai had declared that He was Jehovah Who brought them out of slavery. And in this remarkable code, the first person whose rights are dealt with is the slave. We saw that a denunciation of all slavery would have been premature, and therefore unwise; but assuredly the germs of emancipation were already planted by this giving of the foremost place to the rights of the least of all and the servant of all.
As regards the Hebrew slave, the effect was to reduce his utmost bondage to a comparatively mild apprenticeship. At the worst he should go free in the seventh year; and if the year of jubilee intervened, it brought a still speedier emancipation. If his debt or misconduct had involved a family in his disgrace, they should also share his emancipation, but if while in bondage his master had provided for his marriage with a slave, then his family must await their own appointed period of release. It followed that if he had contracted a degrading alliance with a foreign slave, his freedom would inflict upon him the pang of final severance from his dear ones. He might, indeed, escape this pain, but only by a deliberate and humiliating act, by formally renouncing before the judges his liberty, the birthright of his nation ("they are My servants, whom I brought forth out of Egypt, they shall not be sold as bondservants"-- Leviticus 25:42), and submitting to have his ear pierced, at the doorpost of his master’s house, as if, like that, his body were become his master’s property. It is uncertain, after this decisive step, whether even the year of jubilee brought him release; and the contrary seems to be implied in his always bearing about in his body an indelible and degrading mark. It will be remembered that St. Paul rejoiced to think that his choice of Christ was practically beyond recall, for the scars on his body marked the tenacity of his decision (Galatians 6:17). He wrote this to Gentiles, and used the Gentile phrase for the branding of a slave. But beyond question this Hebrew of Hebrews remembered, as he wrote, that one of his race could incur lifelong subjection only by a voluntary wound, endured because he loved his master, such as he had received for love of Jesus.
When the law came to deal with assaults it was impossible to place the slave upon quite the same level as the freeman. But Moses excelled the legislators of Greece and Rome, by making an assault or chastisement which killed him upon the spot as worthy of death as if a freeman had been slain. It was only the victim who lingered that died comparatively unavenged (Exodus 21:20-21). After all, chastisement was a natural right of the master, because he owned him ("he is his money"); and it would be hard to treat an excess of what was permissible, inflicted perhaps under provocation which made some punishment necessary, on the same lines with an assault that was entirely lawless. But there was this grave restraint upon bad temper,--that the loss of any member, and even of the tooth of a slave, involved his instant manumission. And this carried with it the principle of moral responsibility for every hurt (Exodus 21:26-27).
It was not quite plain that these enactments extended to the Gentile slave. But in accordance with the assertion that the whole spirit of the statutes was elevating, the conclusion arrived at by the later authorities was the generous one.
When it is added that man-stealing (upon which all our modern systems of slavery were founded) was a capital offence, without power of commutation for a fine (Exodus 21:16), it becomes clear that the advocates of slavery appeal to Moses against the outraged conscience of humanity without any shadow of warrant either from the letter or the spirit of the code.
There remains to be considered a remarkable and melancholy sub-section of the law of slavery.
In every age degraded beings have made gain of the attractions of their daughters. With them, the law attempted nothing of moral influence. But it protected their children, and brought pressure to bear upon the tempter, by a series of firm provisions, as bold as the age could bear, and much in advance of the conscience of too many among ourselves today.
The seduction of any unbetrothed maiden involved marriage, or the payment of a dowry. And thus one door to evil was firmly closed (Exodus 22:16).
But when a man purchased a female slave, with the intention of making her an inferior wife, whether for himself or for his son (such only are the purchases here dealt with, and an ordinary female slave was treated upon the same principles as a man), she was far from being the sport of his caprice. If indeed he repented at once, he might send her back, or transfer her to another of her countrymen upon the same terms, but when once they were united she was protected against his fickleness. He might not treat her as a servant or domestic, but must, even if he married another and probably a chief wife, continue to her all the rights and privileges of a wife. Nor was her position a temporary one, to her damage, as that of an ordinary slave was, to his benefit.
And if there was any failure to observe these honourable terms, she could return with unblemished reputation to her father’s home, without forfeiture of the money which had been paid for her (Exodus 21:7-11).
Does any one seriously believe that a system like the African slave trade could have existed in such a humane and genial atmosphere as these enactments breathed? Does any one who knows the plague spot and disgrace of our modern civilisation suppose for a moment that more could have been attempted, in that age, for the great cause of purity? Would to God that the spirit of these enactments were even now respected! They would make of us, as they have made of the Hebrew nation unto this day, models of domestic tenderness, and of the blessings in health and physical vigour which an untainted life bestows upon communities.
By such checks upon the degradation of slavery, the Jew began to learn the great lesson of the sanctity of manhood. The next step was to teach him the value of life, not only in the avenging of murder, but also in the mitigation of such revenge. The blood-feud was too old, too natural a practice to be suppressed at once; but it was so controlled and regulated as to become little more than a part of the machinery of justice.
A premeditated murder was inexpiable, not to be ransomed; the murderer must surely die. Even if he fled to the altar of God, intending to escape thence to a city of refuge when the avenger ceased to watch, he should be torn from that holy place: to shelter him would not be an honour, but a desecration to the shrine (Exodus 21:12, Exodus 21:14). According to this provision Joab and Adonijah suffered. For the slayer by accident or in hasty quarrel, "a place whither he shall flee" would be provided, and the vague phrase indicates the antiquity of the edict (Exodus 21:13). This arrangement at once respected his life, which did not merit forfeiture, and provided a penalty for his rashness or his passion.
It is because the question in hand is the sanctity of man, that the capital punishment of a son who strikes or curses a parent, the vicegerent of God, and of a kidnapper, is interposed between these provisions and minor offences against the person (Exodus 21:15-17).
Of these latter, the first is when lingering illness results from a blow received in a quarrel. This was not a case for the stern rule, eye for eye and tooth for tooth,--for how could that rule be applied to it?--but the violent man should pay for his victim’s loss of time, and for medical treatment until he was thoroughly recovered (Exodus 21:18-19).
But what is to be said to the general law of retribution in kind? Our Lord has forbidden a Christian, in his own case, to exact it. But it does not follow that it was unjust, since Christ plainly means to instruct private persons not to exact their rights, whereas the magistrate continues to be "a revenger to execute justice." And, as St. Augustine argued shrewdly, "this command was not given for exciting the fires of hatred, but to restrain them. For who would easily be satisfied with repaying as much injury as he received? Do we not see men slightly hurt athirst for slaughter and blood?... Upon this immoderate and unjust vengeance, the law imposed a just limit, not that what was quenched might be kindled, but that what was burning might not spread." (Cont. Faust, xix. 25.)
It is also to be observed that by no other precept were the Jews more clearly led to a morality still higher than it prescribed. Their attention was first drawn to the fact that a compensation in money was nowhere forbidden, as in the case of murder (Numbers 35:31). Then they went on to argue that such compensation must have been intended, because its literal observance teemed with difficulties. If an eye were injured but not destroyed, who would undertake to inflict an equivalent hurt? What if a blind man destroyed an eye? Would it be reasonable to quench utterly the sight of a one-eyed man who had only destroyed one-half of the vision of his neighbour? Should the right hand of a painter, by which he maintains his family, be forfeited for that of a singer who lives by his voice? Would not the cold and premeditated operation inflict far greater mental and even physical suffering than a sudden wound received in a moment of excitement? By all these considerations, drawn from the very principle which underlay the precept, they learned to relax its pressure in actual life. The law was already their schoolmaster, to lead them beyond itself (vide Kalisch in loco).
Lastly, there is the question of injury to the person, wrought by cattle.
It is clearly to deepen the sense of reverence for human life, that not only must the ox which kills a man be slain, but his flesh may not be eaten; thus carrying further the early aphorism "at the hand of every beast will I require ... your blood" (Genesis 9:5). This motive, however, does not betray the lawgiver into injustice: "the owner of the ox shall be quit"; the loss of his beast is his sufficient penalty.
But if its evil temper has been previously observed, and he has been warned, then his recklessness amounts to blood-guiltiness, and he must die, or else pay whatever ransom is laid upon him. This last clause recognises the distinction between his guilt and that of a deliberate man-slayer, for whose crime the law distinctly prohibited a composition (Numbers 35:31).
And it is expressly provided, according to the honourable position of woman in the Hebrew state, that the penalty for a daughter’s life shall be the same as for that of a son.
As a slave was exposed to especial risk, and his position was an ignoble one, a fixed composition was appointed, and the amount was memorable. The ransom of a common slave, killed by the horns of the wild oxen, was thirty pieces of silver, the goodly price that Messiah was prized at of them (Zechariah 11:13).
THE LESSER LAW.
Exodus 20:18 - Exodus 23:33.
With the close of the Decalogue and its universal obligations, we approach a brief code of laws, purely Hebrew, but of the deepest moral interest, confessed by hostile criticism to bear every mark of a remote antiquity, and distinctly severed from what precedes and follows by a marked difference in the circumstances.
This is evidently the book of the Covenant to which the nation gave its formal assent (Exodus 24:7), and is therefore the germ and the centre of the system afterwards so much expanded.
And since the adhesion of the people was required, and the final covenant was ratified as soon as it was given, before any of the more formal details were elaborated, and before the tabernacle and the priesthood were established, it may fairly claim the highest and most unique position among the component parts of the Pentateuch, excepting only the Ten Commandments.
Before examining it in detail, the impressive circumstances of its utterance have to be observed.
It is written that when the law was given, the voice of the trumpet waxed louder and louder still. And as the multitude became aware that in this tempestuous and growing crash there was a living centre, and a voice of intelligible words, their awe became insufferable: and instead of needing the barriers which excluded them from the mountain, they recoiled from their appointed place, trembling and standing afar off. "And they said unto Moses, Speak thou with us and we will hear, but let not God speak with us lest we die." It is the same instinct that we have already so often recognised, the dread of holiness in the hearts of the impure, the sense of unworthiness, which makes a prophet cry, "Woe is me, for I am undone!" and an apostle, "Depart from me, for I am a sinful man."
Now, the New Testament quotes a confession of Moses himself, well-nigh overwhelmed, "I do exceedingly fear and quake" (Hebrews 12:21). And yet we read that he "said unto the people, Fear not, for God is come to prove you, and that His fear may be before your faces, that ye sin not" (Exodus 20:20). Thus we have the double paradox,--that he exceedingly feared, yet bade them fear not, and yet again declared that the very object of God was that they might fear Him.
Like every paradox, which is not a mere contradiction, this is instructive.
There is an abject fear, the dread of cowards and of the guilty, which masters and destroys the will--the fear which shrank away from the mount and cried out to Moses for relief. Such fear has torment, and none ought to admit it who understands that God wishes him well and is merciful.
There is also a natural agitation, at times inevitable though not unconquerable, and often strongest in the highest natures because they are the most finely strung. We are sometimes taught that there is sin in that instinctive recoil from death, and from whatever brings it close, which indeed is implanted by God to prevent foolhardiness, and to preserve the race. Our duty, however, does not require the absence of sensitive nerves, but only their subjugation and control. Marshal Saxe was truly brave when he looked at his own trembling frame, as the cannon opened fire, and said, "Aha! tremblest thou? thou wouldest tremble much more if thou knewest whither I mean to carry thee today." Despite his fever-shaken nerves, he was perfectly entitled to say to any waverer, "Fear not."
And so Moses, while he himself quaked, was entitled to encourage his people, because he could encourage them, because he saw and announced the kindly meaning of that tremendous scene, because he dared presently to draw near unto the thick darkness where God was.
And therefore the day would come when, with his noble heart aflame for a yet more splendid vision, he would cry, "O Lord, I beseech Thee show me Thy glory"--some purer and clearer irradiation, which would neither baffle the moral sense, nor conceal itself in cloud.
Meanwhile, there was a fear which should endure, and which God desires: not panic, but awe; not the terror which stood afar off, but the reverence which dares not to transgress. "Fear not, for God is come to prove you" (to see whether the nobler emotion or the baser will survive), "and that His fear may be before your faces" (so as to guide you, instead of pressing upon you to crush), "that ye sin not."
How needful was the lesson, may be seen by what followed when they were taken at their word, and the pressure of physical dread was lifted off them. "They soon forgat God their Saviour ... they made a calf in Horeb, and worshipped the work of their own hands." Perhaps other pressures which we feel and lament today, the uncertainties and fears of modern life, are equally required to prevent us from forgetting God.
Of the nobler fear, which is a safeguard of the soul and not a danger, it is a serious question whether enough is alive among us.
Much sensational teaching, many popular books and hymns, suggest rather an irreverent use of the Holy Name, which is profanation, than a filial approach to a Father equally revered and loved. It is true that we are bidden to come with boldness to the throne of Grace. Yet the same Epistle teaches us again that our approach is even more solemn and awful than to the Mount which might be touched, and the profaning of which was death; and it exhorts us to have grace whereby we may offer service well-pleasing to God with reverence and awe, "for our God is a consuming fire" (Hebrews 4:16, Hebrews 12:28). That is the very last grace which some Christians ever seem to seek.
When the people recoiled, and Moses, trusting in God, was brave and entered the cloud, they ceased to have direct communion, and he was brought nearer to Jehovah than before.
What is now conveyed to Israel through him is an expansion and application of the Decalogue, and in turn it becomes the nucleus of the developed law. Its great antiquity is admitted by the severest critics; and it is a wonderful example of spirituality and searching depth, and also of such germinal and fruitful principles as cannot rest in themselves, literally applied, but must lead the obedient student on to still better things.
It is not the function of law to inspire men to obey it; this is precisely what the law could not do, being weak through the flesh. But it could arrest the attention and educate the conscience. Simple though it was in the letter, David could meditate upon it day and night. In the New Testament we know of two persons who had scrupulously respected its precepts, but they both, far from being satisfied, were filled with a divine discontent. One had kept all these things from his youth, yet felt the need of doing some good thing, and anxiously demanded what it was that he lacked yet. The other, as touching the righteousness of the law, was blameless, yet when the law entered, sin revived and slew him. For the law was spiritual, and reached beyond itself, while he was carnal, and thwarted by the flesh, sold under sin, even while externally beyond reproach.
This subtle characteristic of all noble law will be very apparent in studying the kernel of the law, the code within the code, which now lies before us.
Men sometimes judge the Hebrew legislation harshly, thinking that they are testing it, as a Divine institution, by the light of this century. They are really doing nothing of the sort. If there are two principles of legislation dearer than all others to modern Englishmen, they are the two which these flippant judgments most ignore, and by which they are most perfectly refuted.
One is that institutions educate communities. It is not too much to say that we have staked the future of our nation, and therefore the hopes of humanity, upon our conviction that men can be elevated by ennobling institutions,--that the franchise, for example, is an education as well as a trust.
The other, which seems to contradict the first, and does actually modify it, is that legislation must not move too far in advance of public opinion. Laws may be highly desirable in the abstract, for which communities are not yet ripe. A constitution like our own would be simply ruinous in Hindostan. Many good friends of temperance are the reluctant opponents of legislation which they desire in theory but which would only be trampled upon in practice, because public opinion would rebel against the law. Legislation is indeed educational, but the danger is that the practical outcome of such legislation would be disobedience and anarchy.
Now, these principles are the ample justification of all that startles us in the Pentateuch.
Slavery and polygamy, for instance, are not abolished. To forbid them utterly would have substituted far worse evils, as the Jews then were. But laws were introduced which vastly ameliorated the condition of the slave, and elevated the status of woman--laws which were far in advance of the best Gentile culture, and which so educated and softened the Jewish character, that men soon came to feel the letter of these very laws too harsh.
That is a nobler vindication of the Mosaic legislation than if this century agreed with every letter of it. To be vital and progressive is a better thing than to be correct. The law waged a far more effectual war upon certain evils than by formal prohibition, sound in theory but premature by centuries. Other good things besides liberty are not for the nursery or the school. And "we also, when we were children, were held in bondage" (Galatians 4:3).
It is pretty well agreed that this code may be divided into five parts. To the end of the twentieth chapter it deals directly with the worship of God. Then follow thirty-two verses treating of the personal rights of man as distinguished from his rights of property. From the thirty-third verse of the twenty-first chapter to the fifteenth verse of the twenty-second, the rights of property are protected. Thence to the nineteenth verse of the twenty-third chapter is a miscellaneous group of laws, chiefly moral, but deeply connected with the civil organisation of the state. And thence to the end of the chapter is an earnest exhortation from God, introduced by a clearer statement than before of the manner in which He means to lead them, even by that mysterious Angel in Whom "is My Name."
PART III.--RIGHTS OF PROPERTY.
Exodus 21:33 - Exodus 22:15.
The vital and quickening principle in this section is the stress it lays upon man’s responsibility for negligence, and the indirect consequences of his deed. All sin is selfish, and all selfishness ignores the right of others. Am I my brother’s keeper? Let him guard his own property or pay the forfeit. But this sentiment would quickly prove a disintegrating force in the community, able to overthrow a state. It is the ignoble negative of public spirit; patriotism, all by which nations prosper. And this early legislation is well devised to check it in detail. If an ox fall into a pit or cistern, from which I have removed the cover, I must pay the value of the beast, and take the carcase for what it may be worth. I ought to have considered the public interest (Exodus 21:33). If I let my cattle stray into my neighbour’s field or vineyard, there must be no wrangling about the quality of what he has consumed: I must forfeit an equal quantity of the best of my own field or vineyard (Exodus 22:5). If a fire of my kindling burn his grain, standing or piled, I must make restitution: I had no right to kindle it where he was brought into hazard (Exodus 22:6). This is the same principle which had already pronounced it murder to let a vicious ox go loose. And it has to do with graver things than oxen and fires,--with the teachers of principles rightly called incendiary, the ingenious theorists who let loose abstract speculations pernicious when put into practice, the well-behaved questioners of morality, and the law-abiding assailants of the foundations which uphold law.
It is quite in the same spirit that I am accountable for what I borrow or hire, and even for its accidental death (since for the time being it was mine, and so should the loss be); but if I hired the owner with his beast, it clearly continued to be in his charge (Exodus 22:14-15). But again, my responsibility may not be pressed too far. If I have not borrowed property, but consented to keep it for the owner, the risk is fairly his, and if it be stolen, the presumption is not against my integrity, although I may be required to clear myself on oath before the judges (Exodus 22:7-8). But I am accountable in such a case for cattle, because it was certainly understood that I should watch them; and if a wild beast have torn any, I must prove my courage and vigilance by rescuing the carcase and producing it (Exodus 22:10-13).
But I must not be plunged into litigation without a compensating hazard on the other side: he whom God shall condemn shall pay double unto his neighbour (Exodus 22:9).
It only remains to be observed, with regard to theft, that when cattle was recovered yet alive, the thief restored double, but when his act was consummated by slaughtering what he had taken, then he restored a sheep fourfold, and for an ox five oxen, because his villainy was more high-handed. And we still retain the law which allows the blood of a robber at night to be shed, but forbids it in the day, when help can more easily be had.
All this is reasonable and enlightened law; founded, like all good legislation, upon clear and satisfactory principles, and well calculated to elevate the tone of the public feeling, to be not only so many specific enactments, but also the germinant seeds of good.
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Nicoll, William R. "Commentary on Exodus 21". "The Expositor's Bible Commentary". https://www.studylight.org/
Eve of Ascension