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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.
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."
THE LESSER LAW (continued).
Exodus 22:16 - Exodus 23:19.
The Fourth section of this law within the law consists of enactments, curiously disconnected, many of them without a penalty, varying greatly in importance, but all of a moral nature, and connected with the well-being of the state. It is hard to conceive how the systematic revision of which we hear so much could have left them in the condition in which they stand.
It is enacted that a seducer must marry the woman he has betrayed, and if her father refuse to give her to him, then he must pay the same dower as a bridegroom would have done (Exodus 22:16-17). And presently the sentence of death is launched against a blacker sensual crime (Exodus 22:19). But between the two is interposed the celebrated mandate which doomed the sorceress to death, remarkable as the first mention of witchcraft in Scripture, and the only passage in all the Bible where the word is in the feminine form--a witch, or sorceress; remarkable also for a far graver reason, which makes it necessary to linger over the subject at some length.
"Thou shalt not suffer a sorceress to live."-- Exodus 22:18.
The world knows only too well what sad and shameful inferences have been drawn from these words. Unspeakable terrors, estrangement of natural sympathy, tortures and cruel deaths, have been inflicted on many thousands of the most forlorn creatures upon earth (creatures who were sustained in their sufferings by no high ardour of conviction or fanaticism, not being martyrs but simply victims), because it was held that Moses, in declaring that witches should not live, affirmed the reality of witchcraft. No sooner did the argument cease to be dangerous to old women than it became formidable to religion; for now it was urged that, since Moses was in error about the reality of witchcraft, his legislation could not have been inspired.
What are we to say to this?
In the first place it must be observed that the existence of a sorcerer is one thing, and the reality of his powers is quite another. What was most sad and shameful in the mediaeval frenzy was the burning to ashes of multitudes who made no pretensions to traffic with the invisible world, who frequently held fast their innocence while enduring the agonies of torture, who were only aged and ugly and alone. Upon any theory, the prohibition of sorcery by the Pentateuch was no more answerable for these iniquities than its other prohibitions for the lynch law of the backwoods.
On the other hand, there were real professors of the black art: men did pretend to hold intercourse with spirits, and extorted great sums from their dupes in return for bringing them also into communion with superhuman beings. These it is reasonable to call sorcerers, whether we accept their professions or not, just as we speak of thought-readers and of mediums without being understood to commit ourselves to the pretensions of either one or other. In point of fact, the existence, in this nineteenth century after Christ, of sorcerers calling themselves mediums, is much more surprising than the existence of other sorcerers in the time of Moses or of Saul; and it bears startling witness to the depth in human nature of that craving for traffic with invisible powers which the law prohibited so sternly, but the roots of which neither religion nor education nor scepticism has been able wholly to pluck up.
Again, from the point of view which Moses occupied, it is plain that such professors should be punished. They are virtually punished still, whenever they obtain money under pretence of granting interviews with the departed. If we now rely chiefly upon educated public opinion to stamp out such impositions, that is because we have decided that a struggle between truth and falsehood upon equal terms will be advantageous to the former. It is a subdivision of the debate between intolerance and free thought. Our theory works well, but not universally well, even under modern conditions and in Christian lands. And assuredly Moses could not proclaim freedom of opinion, among uneducated slaves, amid the pressure of splendid and of seductive idolatries, and before the Holy Ghost was given. To complain of Moses for proscribing false religions would be to denounce the use of glass for seedlings because the full-grown plant flourishes in the open air.
Now, it would have been preposterous to proscribe false religions and yet to tolerate the sorcerer and the sorceress. For these were the active practitioners of another worship than that of God. They might not profess idolatry; but they offered help and guidance from sources which Jehovah frowned upon, rival sources of defence or knowledge.
The holy people was meant to grow up under the most elevating of all influences, reliance upon a protecting God, Who had bidden His children to subdue the world as well as to replenish it, and of Whom one of their own poets sang that He had put all things under the feet of man. Their true heritage was not bounded by the strip of land which Joshua and his followers slowly conquered; to them belonged all the resources of nature which science, ever since, has wrested from the Philistine hands of barbarism and ignorance. And this nobler conquest depended upon the depth and sincerity of man’s feeling that the world is well-ordered and stable and the heritage of man, not a chaos of various and capricious powers, where Pallas inspires Diomed to hunt Venus bleeding off the field, or where the incantations of Canidia may disturb the orderly movements of the skies. Who could hope to discover by inductive science the secrets of such a world as this?
The devices of magic cut the links between cause and effect, between studious labour and the fruits which sorcery bade men to steal rather than to cultivate. What gambling was to commerce, that was witchcraft to philosophy, and the mischief no more depended on the validity of its methods than upon the soundness of the last device for breaking the bank at Monte Carlo.
If one could actually extort their secrets from the dead, or win for luxury and sloth a longer life than is bestowed upon temperance and labour, he would succeed in his revolt against the God of nature. But the revolt was the endeavour; and the sorcerer, however falsely, professed to have succeeded; and preached the same revolt to others. In religion he was therefore an apostate, and in the theocracy a traitor against the King, one whose life was forfeited if it was prudent to exact the penalty.
And when we consider the fascination wielded by such pretensions, even in ages when the stability of nature is an axiom, the dread which false religions all around and their terrible rituals must have inspired, the superstitious tendencies of the people and their readiness to be misled, we shall see ample reasons for treading out the first sparks of so dangerous a fire.
Beyond this it is vain to pretend that the law of Moses goes. It was right in declaring the sorcerer and the sorceress to be real and dangerous phenomena. It never declared their pretensions to be valid though illegitimate. And in one noteworthy passage it proclaims that a real sign or a wonder could only proceed from God, and when it accompanied false teaching was still a sign, though an ominous one, implying that the Lord would prove them (Deuteronomy 13:1-3). This does not look very like an admission of the existence of rival powers, inferior though they might be, who could interfere with the order of His world.
Sorcery in all its forms will die when men realise indeed that the world is His, that there is no short or crooked way to the prizes which He offers to wisdom and to labour, that these rewards are infinitely richer and more splendid than the wildest dreams of magic, and that it is literally true that all power, in earth as well as heaven, is committed into the Hands which were pierced for us. In such a conception of the universe, incantations give place to prayers, and prayer does not seek to disturb, but to carry forward and to consummate, the orderly rule of Love.
The denunciation of witchcraft is quite naturally followed, as we now perceive, by the reiteration of the command that no sacrifice may be offered to any god except Jehovah (Exodus 22:20). Strange and hateful offerings were an integral part of witchcraft, long before the hags of Macbeth brewed their charm, or the child in Horace famished to yield a spell.
Exodus 22:21, Exodus 23:9.
Immediately after this, a ray of sunlight falls upon the sombre page.
We read an exhortation rather than a statute, which is repeated almost literally in the next chapter, and in both is supported by a beautiful and touching reason. "A stranger shalt thou not wrong, neither shall ye oppress him: for ye were strangers in the land of Egypt." "A stranger shall ye not oppress, for ye know the heart of a stranger, seeing ye were strangers in the land of Egypt" (Exodus 22:21, Exodus 23:9).
The "stranger" of these verses is probably the settler among them, as distinguished from the traveller passing through the land. His want of friends and ignorance of their social order would place him at a disadvantage, of which they are forbidden to avail themselves, either by legal process (for the first passage is connected with jurisprudence), or in the affairs of common life. But the spirit of the commandment could not fail to influence their treatment of all foreigners; and simple and commonplace though it appear to us, it would have startled many of the wisest and greatest peoples of antiquity, and would have fallen as strangely upon the ears of the Greeks of Pericles, as of the modern Bedouin, with whom Israel had kinship. A foreigner, as such, was a foe: to wrong him was a paradox, because he had no rights: kinship, or else alliance or treaty was required to entitle the weaker to any better treatment than it suited the stronger to allow.
Yet we find a precept reiterated in this Jewish code which involves, in its inevitable though slow development, the abolition of negro slavery, the respect by powerful and civilised nations of the rights of indigenous tribes, the most boundless advance of philanthropy, through the most generous recognition of the fraternity of man.
However sternly the sword of Joshua might fall, it struck not at the foreigner, as such, but at those tribes, guilty and therefore accursed of God, the cup of whose iniquity was full. And yet there was enough of carnage to prove that so gracious a commandment as this could not have risen spontaneously in the heart of early Judaism. Does it seem to be made more natural, by any proposed shifting of the date?
The reason of the precept is beautifully human. It rests upon no abstract basis of common rights, nor prudential consideration of mutual advantage.
In our time it is sometimes proposed to build all morality upon such foundations; and strange consequences have already been deduced in cases where the proposed sanction has not seemed to apply. But, in fact, no advance in virtue has ever been traced to self-interest, although, after the advance took place, self-interest has always found its account in it. A progressive community is made of good men, and the motive to which Moses appeals is compassion fed by memory: "For ye were strangers in the land of Egypt" (Exodus 22:21); "For ye know the heart of a stranger, seeing ye were strangers in the land of Egypt" (Exodus 23:9).
The point is not that they may again be carried into captivity: it is that they have felt its bitterness, and ought to recoil from inflicting what they writhed under.
Now, this appeal is a master-stroke of wisdom. Much cruelty, and almost all the cruelty of the young, springs from ignorance, and that slowness of the imagination which cannot realise that the pains of others are like our own. Feeling them to be so, the charities of the poor toward one another frequently rise almost to sublimity. And thus, when suffering does not ulcerate the heart and make it savage, it is the most softening of all influences. In one of the most threadbare lines in the classics, the queen of Carthage boasts that
"I, not ignorant of woe, To pity the distressful know."
And the boldest assertion in Scripture of the natural development of our Saviour’s human powers, is that which declares that "In that He Himself hath suffered, being tempted, He is able to succour them that are tempted" (Hebrews 2:18).
To this principle, then, Moses appeals, and by the appeal he educates the heart. He bids the people reflect on their own cruel hardships, on the hateful character of their tyrants, on their own greater hatefulness if they follow the vile example, after such bitter experience of its character. He does not yet rise to the grand level of the New Testament morality, Do all to thy neighbour which it is not servile and dependent to will that he should do for thee. But he attains to the level of that precept of Confucius and Zoroaster which has been so unworthily compared with it: Do not unto thy neighbour what thou wouldest not that he should do to thee--a precept which mere indifference obeys. Nay, he excels it; for the mental and spiritual attitude of one who respects his helpless neighbour because he so much resembles himself, will surely not be content without relieving the griefs that have so closely touched him. Thus again the legislation of Moses looks beyond itself.
Now, if the Jew should be merciful because he had himself known calamity, what implicit confidence may we repose upon the Man of sorrows and acquainted with grief?
In the same spirit they are warned against afflicting the widow or the orphan. And the threat which is added joins hand with the exhortation which preceded. They should not oppress the stranger, because they had been strangers and oppressed. Now the argument advances. The same God Who then heard their cry will hear the cry of the forlorn, and avenge them, according to the judicial fate which He had just announced, in kind, by bringing their own wives to widowhood and their children to orphanage (Exodus 22:22-24).
To their brethren they should not lend money upon usury; but loans are no more recommended than afterwards by Solomon: the words are "if thou lend" (Exodus 22:25). And if the raiment of the borrower were taken for a pledge, it must be returned for him to use at night, or else God will hear his cry, because, it is added very significantly and briefly, "I am gracious" (Exodus 22:27). It is the most exalting of all motives: Be merciful, for I am merciful: ye shall be the children of your Father.
Again is to be observed the influence reaching beyond the prescription--the motive which cannot be felt without many other and larger consequences than the restoration of pledges at sunset.
How comes this precept to be followed by the words, "Thou shalt not curse God nor blaspheme a ruler" (Exodus 22:28)? and is not this again somewhat strangely followed by the order not to delay to offer the first fruits of the soil, to consecrate the firstborn son, and to devote the firstborn of cattle at the same age when a son ought to be circumcised? (Exodus 22:29-30).
If any link can be discovered, it is in the sense of communion with God, suggested by the recent appeal to His character as a motive that should weigh with man. Therefore they must not blaspheme Him, either directly or through His agents, nor tardily yield Him what He claims. Therefore it is added, "Ye shall be holy men unto Me," and from the sense of dignity which religion thus inspires, a homely corollary is deduced--"Ye shall not eat any flesh that is torn of beasts in the field" (Exodus 22:31). The bondmen of Egypt must learn a high-minded self-respect.
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Nicoll, William R. "Commentary on Exodus 22". "Expositor's Bible Commentary". https://www.studylight.org/