The guide for the perplexed

The precepts of the third class are identical with those which we have enumerated in Hilkot deʻot. Their use is evident; they are rules concerning moral conduct by which the social relations of men are regulated. This is sufficiently clear, and I need not dwell long on it. Know that some precepts prescribe certain acts which are considered as arbitrary decrees without any purpose, but are nevertheless the means of acquiring some moral principle. We shall explain every one of them in its proper place. But of all those precepts which are mentioned in Hilkot deʻot, it is distinctly stated that their object is to inculcate good moral principles. [339]

The precepts in the fourth class include the laws which in our work are contained in the section Zeraʻim, excepting the laws on the mixture of species; the rules about things to be “valued” and things “devoted” (Hilkot ʻerekin va-ḥaramim), and those concerning lender and borrower (Hilkot malveh ve-loveh) and slaves (Hilkot ʻabadim). When you examine these precepts you will clearly see the use of every one of them: they teach us to have sympathy with the poor and infirm, to assist the needy in various ways; not to hurt the feelings of those who are in want, and not to vex those who are in a helpless condition [viz., the widow, the orphan, and the like]. The purpose of the laws concerning the portions which are to be given to the poor is likewise obvious; the reason of the laws concerning the heave-offerings and the tithe is distinctly stated: “for he hath no portion and inheritance with thee” (Deut. xiv. 29). You certainly know that the Levites had no portion, because their whole tribe was to be exclusively engaged in the service of God and the study of the Law. They shall not plow or cut the corn, but shall only minister to God. “They shall teach Jacob thy judgments and Israel thy law: they shall put incense before thee” (Deut. xxxiii. 10). In the Law we meet frequently with the phrase, “the Levite, the stranger, and the orphan and the widow”; for the Levite is reckoned among the poor because he had no property. The second tithe was commanded to be spent on food in Jerusalem; in this way the owner was compelled to give part of it away as charity. As he was not able to use it otherwise than by way of eating and drinking, he must have easily been induced to give it gradually away. This rule brought multitudes together in one place, and strengthened the bond of love and brotherhood among the children of men. The law concerning the fruit of a tree in its fourth year has some relation to idolatrous customs, as has been stated by us (chap. xxxvii.), and is connected with the law concerning the fruit of a tree in its first three years. But it has in addition the same object as the law concerning the heave-offering (Deut. xviii. 4), the dough-offering (ḥallah) (Num. xv. 20), the first-fruit (Exod. xxiii. 19), and the first of the shearing (Deut. xviii. 4). For the first of everything is to be devoted to the Lord; and by doing so man accustoms himself to be liberal, and to limit his appetite for eating and his desire for property. The same is the reason why the priest took the shoulder, the two cheeks, and the maw (Deut. xviii. 3); the cheek being the first part of the body of animals, the right shoulder the first of the extremities of the body, and the maw the first of all inwards.

The reciting of a certain portion of the Law when the first-fruits are brought to the temple, tends also to create humility. For he who brings the first-fruits takes the basket upon his shoulders and proclaims the kindness and goodness of God. This ceremony teaches man that it is essential in the service of God to remember the times of trouble and the history of past distress, in days of comfort. The Law lays stress on this duty in several places; comp. “And thou shalt remember that thou hast been a slave,” etc. (Deut. v. 15). For it is to be feared that those who become great in riches and comfort might, as is generally the case, fall into the vices of insolence and haughtiness, and abandon all good principles. Comp. “Lest thou eat and [340]be full, etc., and thine heart be lifted up and thou forget the Lord” (ibid. viii. 12–14); “And Jeshurun waxed fat and kicked” (ibid. xxx. 15). On account of this fear the Law commanded us to read each year a certain portion before the Lord and His glory, when we offer the first-fruit. You know how much the Law insists that we shall always remember the plagues that have befallen the Egyptians; comp. “That thou mayest remember the day when thou camest forth out of the land of Egypt all the days of thy life” (ibid. xvi. 3); “That thou mayest tell in the ears of thy son what things I have wrought in Egypt” (Exod. x. 2). Such a law was necessary in order to perpetuate the memory of the departure from Egypt; because such events verify prophecy and the doctrine of reward and punishment. The benefit of every commandment that serves to keep certain miracles in remembrance, or to perpetuate true faith, is therefore obvious.

In reference to the law concerning the first-born of man and cattle it is distinctly said, “And it came to pass, when Pharaoh would hardly let us go, that the Lord slew all the first-born in the land of Egypt, etc., therefore I sacrifice to the Lord,” etc. (Exod. xiii. 15). But it can easily be explained why only cattle, sheep, and asses are mentioned in this law; these are kept as domestic animals, and are found in most places, especially in Palestine, where the Israelites were shepherds, they, their fathers, and forefathers; comp. “Thy servants are shepherds, both we and also our fathers” (Gen. xlvii. 3). Horses and camels, however, are not wanted by shepherds, and are not found in all places; thus in the booty of Midian (Num. xxxi.) no other animals are mentioned but oxen, sheep, and asses. But asses alone are indispensable to all people, especially to those who are engaged in the field or in the forest. Thus Jacob says, “I have oxen and asses” (Gen. xxxii. 5). Camels and horses are not possessed by many people, but only by a few, and are only found in a few places. The law that the first-born of an ass was to have its neck broken [in case it is not redeemed], will only ensure the redemption of the ass. It has, therefore, been said that the act of redeeming the ass is to be preferred to that of breaking its neck.

As to the precepts enumerated in the laws concerning the year of release and the jubilee (Hilkot shemittah ve-yobel) some of them imply sympathy with our fellow-men, and promote the well-being of mankind; for in reference to these precepts it is stated in the Law, “That the poor of thy people may eat” (Exod. xxiii. 11); and besides, the land will also increase its produce and improve when it remains fallow for some time. Other precepts of this class prescribe kindness to servants and to the poor, by renouncing all claims to debts [in the year of release], and relieving the slaves of their bondage [in the seventh year]. There are some precepts in this class that serve to secure for the people a permanent source of maintenance and support by providing that the land should remain the permanent property of its owners, and that it could not be sold. “And the land shall not be sold for ever” (Lev. xxv. 23). In this way the property of a person remains intact for him and his heirs, and he can only enjoy the produce thereof. I have thus explained the reason of all precepts contained in our work in the Section Zeraiʻim, with the exception of the laws concerning the intermixture of different species of beasts the reason of which will be given (chap. xlix.).

In the same manner we find that all the precepts comprised in “the laws [341]on valuations,” and on “things devoted” are based on the principle of charity; some of them prescribe what should be given to the priests; others tell us what must be devoted to the repairs of the temple. The practice of all these things accustoms man to act liberally and to spend money unhesitatingly to the glory of God. For it is in the nature of man to strive to gain money and to increase it; and his great desire to add to his wealth and honour is the chief source of misery for man. Also the precepts contained in “the laws concerning the relation between lender and borrower” (Hilkot malveh veloveh) will be found, on being carefully examined, to be nothing but commands to be lenient, merciful and kind to the needy, not to deprive them of the use of anything indispensable in the preparation of food. “No man shall take the nether or the upper millstone to pledge: for he taketh a man’s life to pledge” (Deut. xxiv. 6).

The precepts contained in “the laws concerning slaves” (Hilkot ʻabadim), likewise prescribe only acts of pity, mercy and kindness to the poor. It is an act of mercy to give liberty to a Canaanite servant for the loss of one of his limbs (Exod. xxi. 26, 27), in order that he should not suffer from slavery and illness at the same time. The law applies even to the case that a tooth of a slave has been knocked out, much more to the mutilation of other limbs. He could only be corrected with a rod or reed or the like, as we have stated in Mishneh-torah. Besides, if the master strikes the slave too hard and kills him, he is punished with death as for ordinary murder. Mercy is also the object of the law, “Thou shalt not deliver unto his master the servant that is escaped from his master” (Deut. xxiii. 15); but it teaches besides a very useful lesson, namely, that we must always practise this virtue, help and protect those who seek our help, and not deliver them unto those from whom they flee; and it is not sufficient to give assistance to those who are in need of our help; we must look after their interests, be kind to them, and not hurt their feeling by words. Thus the Law says: “He shall dwell with thee, even among you, in that place which he shall choose in one of thy gates, where it liketh him best: thou shalt not vex him” (ibid. ver. 16). This we owe to the lowest among men, to the slave; how much more must we do our duty to the freeborn, when they seek our assistance? But, on the other hand, when sinners and evildoers seek our help, it must not be granted; no mercy must be shown to them, and the course of justice must not be interfered with, even if they claim the protection of that which is noblest and highest; for “Thou shalt take him from mine altar that he may die” (Exod. xxi. 14). Here a person comes to seek the help of God, and claims the protection of that which is devoted to his name; God, however, does not help him, and commands that he be delivered up to the prosecutor, from whom he fled. Much less need any one of us help or pity his fellow-men [under such circumstances]; because mercy on sinners is cruelty to all creatures. These are undoubtedly the right ways designated “righteous statutes and judgments” (Deut. iv. 8), and different from the ways of the fools, who consider a person praiseworthy when he helps and protects his fellow-men, without discriminating between the oppressor and the oppressed. This is well known from their words and songs.

The reason and usefulness of every precept of this class has thus been clearly demonstrated. [342]

The precepts of the fifth class, enumerated in the Section “On Damages” (Sepher neziḳin), aim at the removal of wrong and the prevention of injury. As we are strongly recommended to prevent damage, we are responsible for every damage caused by our property or through our work in so far as it is in our power to take care and to guard it from becoming injurious. We are, therefore, responsible for all damage caused by our cattle; we must guard them. The same is the case with fire and pits; they are made by man, and he can be careful that they do not cause damage. I will point out the equity of the various laws in this respect. No compensation is enforced for damage caused by the mouth or the foot of an animal in a public thoroughfare; because this cannot be guarded against, and the damage caused there is not very large. Those who place their things in a public place are themselves guilty of neglect, and expose their property to injury. But compensation is given for damage caused to the property of a person in his own field by the tooth or the foot of an animal. It is different in the case of damage caused by the horn of animals or the like. The animal can be guarded everywhere [and prevented from causing injury], whilst those who pass public thoroughfares cannot sufficiently take care against accidents of this kind. In this case the law is the same for all places; but there is a difference whether the owner of the animal has been warned concerning it or not (muʻad or tam). If the animal has not been in the habit of causing damage, the owner need only pay half the damage; but damage caused by an animal which has been in the habit of doing so, and has been known as savage, must be paid in full. The compensation for a slave is uniformly estimated at half the value fixed for a free man. For in the law concerning the valuation of man you find the highest valuation at sixty shekels, whilst the money to be paid for a slave is fixed at thirty shekels silver. The killing of an animal that has killed a human being (Exod. xxi. 28, 29) is not a punishment to the animal, as the dissenters insinuate against us, but it is a fine imposed on the owner of that animal. For the same reason the use of its flesh is prohibited. The owner of an animal will, therefore, take the greatest possible care in guarding it; he will know that if any person is killed by the animal, whether that person be grown up or young, free or in bondage, he forfeits at least the animal; and in case he has already received a warning concerning it, he will have to pay a ransom in addition to the loss of the animal. This is also the reason why a beast is killed that has been used by a human being for an immoral purpose (Lev. xx. 15, 16); its owner will be more careful as regards his beast, will guard it, and never lose sight of it, just as he watches his household: for people fear the loss of their property as much as that of their own life; some even more, but most people hold both in the same estimation. Comp. “and to take us for bondmen, and our asses” (Gen. xliii. 18).

This class includes also the duty of killing him who pursues another person; that is to say, if a person is about to commit a crime we may prevent it by killing him. Only in two cases is this permitted; viz., when a person runs after another in order to murder him, or in order to commit fornication; because in these two cases the crime, once committed; cannot be remedied. In the case of other sins, punished with death by the court of law, such as [343]idolatry and profanation of the Sabbath, by which the sinner does no harm to another person, and which concern only his own principles, no person may be killed for the mere intention, if he has not carried it out.

It is known that desire is denounced because it leads to coveting, and the latter is prohibited because it leads to robbery, as has been said by our Sages.

The object of the law of restoring lost property to its owner (Deut. xxii. 1–3) is obvious. In the first instance, it is in itself a good feature in man’s character. Secondly, its benefit is mutual; for if a person does not return the lost property of his fellow-man, nobody will restore to him what he may lose, just as those who do not honour their parents cannot expect to be honoured by their children.

A person who killed another person unknowingly must go into exile (Exod. xxi. 13; Num. xxxv. 11–28); because the anger of “the avenger of the blood” (Num. xxxv. 19) cools down while the cause of the mischief is out of sight. The chance of returning from the exile depends on the death of [the high-priest], the most honoured of men, and the friend of all Israel. By his death the relative of the slain person becomes reconciled (ibid. ver. 25); for it is a natural phenomenon that we find consolation in our misfortune when the same misfortune or a greater one has befallen another person. Amongst us no death causes more grief than that of the high-priest.

The beneficial character of the law concerning “the breaking of the neck of a heifer” (Deut. xxi. 1–8) is evident. For it is the city that is nearest to the slain person that brings the heifer, and in most cases the murderer comes from that place. The elders of the place call upon God as their witness, according to the interpretation of our Sages, that they have always kept the roads in good condition, have protected them, and have directed every one that asked his way; that the person has not been killed because they were careless in these general provisions, and they do not know who has slain him. As a rule the investigation, the procession of the elders, the measuring, and the taking of the heifer, make people talk about it, and by making the event public, the murderer may be found out, and he who knows of him, or has heard of him, or has discovered him by any due, will now name the person that is the murderer, and as soon as a man, or even a woman or handmaid, rises up and names a certain person as having committed the murder, the heifer is not killed. It is well known that it is considered great wickedness and guilt on the part of a person who knows the murderer, and is silent about him whilst the elders call upon God as witness that they know nothing about the murderer. Even a woman will, therefore, communicate whatever knowledge she has of him. When the murderer is discovered, the benefit of the law is apparent. If the court of justice cannot sentence him to death, the king may find him guilty, who has the power to sentence to death on circumstantial evidence; and if the king does not put him to death, the avenger of blood may scheme and plan his death, and at last kill him. We have thus shown the use of the law concerning the breaking of the neck of the heifer in discovering the murderer. Force is added to the law by the rule that the place in which the neck of the heifer is broken should never be cultivated or sown. The owner of the land will therefore use all means in his power to search and to find the murderer, in order that the heifer be not killed and his land be not made useless to him. [344]

The precepts of the sixth class comprise the different ways of punishing the sinner. Their general usefulness is known and has also been mentioned by us. I will here describe them one by one and point out their nature in detail.

The punishment of him who sins against his neighbour consists in the general rule that there shall be done unto him exactly as he has done: if he injured any one personally, he must suffer personally; if he damaged the property of his neighbour, he shall be punished by loss of property. But the person whose property has been damaged should be ready to resign his claim totally or partly. Only to the murderer we must not be lenient because of the greatness of his crime; and no ransom must be accepted of him. “And the land cannot be cleansed of the blood that is shed therein but by the blood of him that shed it” (Num. xxxi. 33). Hence even if the murdered person continued to live after the attack for an hour or for days, was able to speak and possessed complete consciousness, and if he himself said, “Pardon my murderer, I have pardoned and forgiven him,” he must not be obeyed. We must take life for life, and estimate equally the life of a child and that of a grown-up person, of a slave and of a freeman, of a wise man and of a fool. For there is no greater sin than this. And he who mutilated a limb of his neighbour, must himself lose a limb. “As he hath caused a blemish in a man, so shall it be done to him again” (Lev. xxiv. 20). You must not raise an objection from our practice of imposing a fine in such cases. For we have proposed to ourselves to give here the reason for the precepts mentioned in the Law, and not for that which is stated in the Talmud. I have, however, an explanation for the interpretation given in the Talmud, but it will be communicated vivâ voce. Injuries that cannot be reproduced exactly in another person, are compensated for by payment; “only he shall pay for the loss of his time, and shall cause him to be thoroughly healed” (Exod. xxi. 19). If any one damaged the property of another, he must lose exactly as much of his own property: “whom the judges shall condemn he shall pay double unto his neighbour” (Exod. xxii. 8); namely, he restores that which he has taken, and adds just as much [to it] of his own property. It is right that the more frequent transgressions and sins are, and the greater the probability of their being committed, the more severe must their punishment be, in order to deter people from committing them; but sins which are of rare occurrence require a less severe punishment. For this reason one who stole a sheep had to pay twice as much as for other goods, i.e., four times the value of the stolen object; but this is only the case when he has disposed of it by sale or slaughter (Exod. xxi. 37). As a rule, the sheep remained always in the fields, and could therefore not be watched so carefully as things kept in town. The thief of a sheep used therefore to sell it quickly before the theft became known, or to slaughter it and thereby change its appearance. As such theft happened frequently, the punishment was severe. The compensation for a stolen ox is still greater by one-fourth, because the theft is easily carried out. The sheep keep together when they feed, and can be watched by the shepherd, so that theft when it is committed can only take place by night. But oxen when feeding are very widely scattered, [345]as is also mentioned in the Nabatean Agriculture, and a shepherd cannot watch them properly; theft of oxen is therefore a more frequent occurrence.

The law concerning false witnesses (Deut. xix. 19) prescribes that they shall suffer exactly the same loss which they intended to inflict upon another. If they intended to bring a sentence of death against a person, they are killed; if they aimed at the punishment of stripes, they receive stripes; and if they desire to make a person pay money, they are sentenced to pay exactly the same sum. The object of all these laws is to make the punishment equal to the crime; and it is also on this account that the judgments are “righteous” (Deut. iv. 8). A robber with violence is not ordered to pay anything as fine (Lev. v. 24); the additional fifth part [of the value of the robbed goods] is only an atonement-offering for his perjury. The reason of this rule is to be found in the rare occurrence of robbery; theft is committed more frequently than robbery, for theft can be committed everywhere; robbery is not possible in towns, except with difficulty; besides, the thief takes things exposed as well as things hidden away; robbery applies only to things exposed; against robbery we can guard and defend ourselves; we cannot do so against theft; again, the robber is known, can be sought, and forced to return that which he has robbed, whilst the thief is not known. On account of all these circumstances the law fines the thief and not the robber.

Preliminary Remark.—Whether the punishment is great or small, the pain inflicted intense or less intense, depends on the following four conditions.

1. The greatness of the sin. Actions that cause great harm are punished severely, whilst actions that cause little harm are punished less severely.

2. The frequency of the crime. A crime that is frequently committed must be put down by severe punishment; crimes of rare occurrence may be suppressed by a lenient punishment considering that they are rarely committed.

3. The amount of temptation. Only fear of a severe punishment remains us from actions for which there exists a great temptation, either because we have a great desire for these actions, or are accustomed to them, or feel unhappy without them.

4. The facility of doing the thing secretly, and unseen and unnoticed. From such acts we are deterred only by the fear of a great and terrible punishment.

After this preliminary remark, I say that the precepts of the Law may be divided into the following four classes with respect to the punishment for their transgression:—(1) Precepts whose transgression is followed by sentence of death pronounced by a court of law. (2) Precepts whose transgression is punished with excision, such transgression being held to be a very great sin. (3) In some cases the transgression is punished by stripes administered with a strap (such transgression not being considered a grievous sin, as it concerns only a simple prohibition); or by “death by Heaven.” (4) Precepts the transgression of which is not punished [even] by stripes. Prohibitions of this kind are all those that involve no act. But there are the following exceptions: [First], Swearing falsely, because it is gross neglect of man’s duty, who ought to bear constantly in mind the greatness [346]of God. [Secondly], Changing an animal devoted to the sanctuary for another (Lev. xxvii. 10), because this change leads to contemning sacrifices devoted to the name of God. [Thirdly], Cursing a person by the name of God (ibid. xix. 14); because many dread the effect of a curse more than bodily harm. The transgression of other negative commandments that involve no act causes little harm, and cannot always be avoided, as it consists in mere words; moreover, man’s back would be inflicted with stripes all the year round if he were to be punished with stripes for each transgression of this kind. Besides, previous warning is impossible in this case. There is also wisdom in the number of stripes; for although the number of their maximum is given, there is no fixed number how many are to be applied to each person; each man receives only as many stripes as he can bear, but not more than forty (Deut. xxv. 3), even if he be strong enough for a hundred.

The “death by the court of law” is not inflicted for the transgression of any of the dietary laws; because in such a case no great harm is done, and the temptation of man to transgress these laws is not so great as the temptation to the enjoyment of sexual intercourse. In some of the dietary laws the punishment is excision. This is the case with the prohibition of eating blood (Lev. xvii. 26). For in ancient days people were very eager and anxious to eat blood as a kind of idolatrous ceremony, as is explained in the book Tomtom, and therefore the prohibition of eating blood is made very stringent. Excision is also the punishment for eating fat; because people enjoy it, and because it was distinguished and sanctified by its use in the offerings. The eating of leavened bread on Passover (Exod. xii. 15), and breaking the fast on the Day of Atonement (Lev. xxiii. 29), are likewise punished with excision: [first] on account of the great discomfort which the obedience to the law causes in these cases; [secondly] on account of the principles of faith which the laws of Passover and of the Day of Atonement inculcate: they confirm fundamental principles of the Law, viz., the belief in the wonderful departure [of Israel] from Egypt, and in the effect of repentance, according to the words, “For on this day will he forgive you” (Lev. xvi. 31). Just as in the case of eating fat, so is excision also announced as a punishment when a person eats that which is left [of a sacrifice beyond its limited time], or partakes of a sacrifice which has been made abominable; or when an unclean person eats of holy things (ibid. vii. 16–21). The object of this severity is to increase the estimation of the offering in the eyes of the people, as has been shown.

Death by the court of law is decreed in important cases: when faith is undermined, or a great crime is committed, viz., idolatry, incest, murder, or actions that lead to these crimes. It is further decreed for breaking the Sabbath (Exod. xxxi. 15); because the keeping of Sabbath is a confirmation of our belief in the Creation; a false prophet and a rebellious elder are put to death on account of the mischief which they cause; he who strikes his father or his mother is killed on account of his great audacity, and because he undermines the constitution of the family, which is the foundation of the state. A rebellious and disobedient son is put to death (Deut. xxi. 18 seq.) on account of what he might become, because he will likely be a murderer; he who steals a human being is killed, because he is also prepared to kill him [347]whom he steals (Exod. xxi. 16). Likewise he who is found breaking into a house is prepared for murder (ibid. xxii. 1), as our Sages stated. These three, the rebellious and disobedient son, he who steals and sells a human being, and he who breaks into a house, become murderers in the course of time, as is well known. Capital punishment is only decreed for these serious crimes, and in no other case. Not all forbidden sexual intercourse is visited with the penalty of death, but only in those cases in which the criminal act can easily be done, is of frequent occurrence, is base and disgraceful, and of a tempting character; otherwise excision is the punishment. Likewise not all kinds of idolatry are capital crimes, but only the principal acts of idolatry, such as praying to an idol, prophesying in its name, passing a child through the fire, consulting with familiar spirits, and acting as a wizard or witch.

As punishments and judgments are evidently indispensable, it was necessary to appoint judges throughout the country in every town; witnesses must be heard; and a king is required whom all fear and respect, who is able to restrain the people by various means, and who can strengthen and support the authority of the judges. Although I have shown the reason of all the laws contained in “the Section of Judges” (Sefer Shofetim), I find it necessary, in accordance with the object of this treatise, to explain a few of these laws, e.g., the laws concerning a rebellious elder.

God knew that the judgments of the Law will always require an extension in some cases and curtailment in others, according to the variety of places, events, and circumstances. He therefore cautioned against such increase and diminution, and commanded, “Thou shalt not add thereto nor diminish from it” (Deut. xiii. 1); for constant changes would tend to disturb the whole system of the Law, and would lead people to believe that the Law is not of Divine origin. But permission is at the same time given to the wise men, i.e., the great court (Synhedrion) of every generation to make fences round the judgments of the Law for their protection, and to introduce bye-laws (fences) in order to ensure the keeping of the Law. Such fences once erected remain in force for ever. The Mishnah therefore teaches: “And make a fence round the Law” (Abot i. 1). In the same manner they have the power temporarily to dispense with some religious act prescribed in the Law, or to allow that which is forbidden, if exceptional circumstances and events require it; but none of the laws can be abrogated permanently, as has been explained by us in the Introduction to the Commentary on the Mishnah in treating of temporary legislation. By this method the Law will remain perpetually the same, and will yet admit at all times and under all circumstances such temporary modifications as are indispensable. If every scholar had the power to make such modifications, the multitude of disputes and differences of opinion would have produced an injurious effect. Therefore it was commanded that of the Sages only the great Synhedrion, and none else, should have this power; and whoever would oppose their decision should be killed. For if any critic were allowed to dispute the decision of the Synhedrion, the object of this law would not be attained; it would be useless.

Transgressions may be divided into four classes, viz.—(1) involuntary transgressions, (2) sins committed in ignorance, (3) sins done knowingly, and (4) sins done spitefully. He who sins involuntarily is, according to the distinct declaration of the Law, exempt from punishment, and free from all [348]blame; comp. “Unto the damsel thou shalt do nothing; there is in the damsel no sin worthy of death” (Deut. xxii. 26). If a person sins in ignorance, he is blamable; for if he had been more considerate and careful, he would not have erred. Although he is not punished, his sin must be atoned for, and for this reason he brings a sin-offering. The Law distinguishes in this respect between a private person and a king, a high-priest or Teacher of Halakah. Hence we conclude that a person who acts wrongly, or who teaches wrongly, guided by his own reasoning—except in the case of the great Synhedrion or the high-priest—is treated as mezid (as one who sins knowingly), and does not belong to the category of shogegim (of those who sin by error). A rebellious elder is therefore put to death, although he acted and taught according to his view. But the great Synhedrion must teach according to its opinion, and if the opinion is wrong, the sin is considered as due to error. In reference to such a case the Law says, “And if the whole congregation of Israel err,” etc. (Lev. iv. 13). It is on this principle that our Sages say, “The error in learning amounts to intentional sin” (Abot iv. 13); he who has studied insufficiently, and teaches and acts according to his defective knowledge, is to be considered as if he sinned knowingly. For if a person eats of the fat of the kidneys in the belief that it is the fat of the rump, his error is not so grave as the error of him who, eating of the fat of the kidneys, knows that it is that fat, but is ignorant of the fact that it is prohibited. The latter brings a sin-offering although he is almost an intentional transgressor. But this is only the case as far as he acts according to his knowledge; but if he decides a religious question [wrongly], he is undoubtedly an intentional sinner. The Law admits the plea of error in a religious decision only in the case of the great Synhedrion.

He who has sinned knowingly must pay the penalty prescribed in the Law; he is put to death or receives stripes, or—for transgression of prohibitions not punishable by stripes—other corporal punishment, or pays a fine. There are some sins for which the punishment is the same, whether they have been committed knowingly or unknowingly; because they are frequent, and are easily done, consisting only in the utterance of words, and involving no action besides; e.g., false swearing by witnesses, or by trustees. Intercourse with a betrothed handmaid is likewise easy and frequent; she is exposed unprotected, being in reality neither handmaid nor a free person, nor a married woman, according to the traditional interpretation of this precept.

If a person sins presumptuously, so that in sinning he shows impudence and seeks publicity, if he does not sin only to satisfy his appetite, if he does what is prohibited by the Law, not only because of his evil inclinations, but in order to oppose and resist the Law, he “reproacheth the Lord” (Num. xv. 30), and must undoubtedly be put to death. None will act in such a manner but such as have conceived the idea to act contrary to the Law. According to the traditional interpretation, therefore, the above passage speaks of an idolater who opposes the fundamental principles of the Law; for no one worships a star unless he believes [—contrary to the teachings of Scripture—] that the star is eternal, as we have frequently stated in our work. I think that the same punishment [viz., sentence of death] applies to every sin which involves the rejection of the Law, or opposition to it. Even if an Israelite eats meat [boiled] in milk, or wears garments of wool and linen, or [349]rounds the corners of his head, out of spite against the Law, in order to show clearly that he does not believe in its truth, I apply to him the words, “he reproacheth the Lord,” and [I am of opinion] that he must suffer death as an unbeliever, though not for a punishment, but in the same manner as the inhabitants of a “city misled to idolatry” are slain for their unbelief, and not by way of punishment for crime; wherefore their property is destroyed by fire, and is not given to their heirs, as is the case with the property of other criminals condemned to death. According to my opinion, all the members of an Israelitish community which has insolently and presumptuously transgressed any of the divine precepts, must be put to death. This is proved by the history of “the sons of Reuben and the sons of Gad” (Josh. xxii.), against whom the whole congregation of Israel decided to make war. When warning was given to the supposed offenders, it was explained to them that they had relinquished their faith, because by agreeing to transgress one particular law they rejected the truth of the whole Law. For they were addressed as follows: “What trespass is this that ye have committed against the God of Israel, to turn away this day from following the Lord?” (Josh. xxii. 16); and they replied: “The Lord knoweth, etc., if it be in rebellion, or if in transgression against the Lord,” etc. (ibid. 22). Take well notice of these principles in respect to punishments.

The Section on Judges includes also the commandment to blot out the memory of Amalek (Deut. xxv. 17–19). In the same way as one individual person is punished, so must also a whole family or a whole nation be punished, in order that other families shall hear it and be afraid, and not accustom themselves to practise mischief. For they will say, we may suffer in the same way as those people have suffered; and if there be found among them a wicked, mischievous man, who cares neither for the evil he brings upon himself nor for that which he causes to others, he will not find in his family any one ready to help him in his evil designs. As Amalek was the first to attack Israel with the sword (Exod. xvii. 8–16), it was commanded to blot out his name by means of the sword; whilst Ammon and Moab, who have not been friendly simply from meanness, and have caused them injury by cunning, were only punished by exclusion from intermarriage with the Israelites, and from their friendship. All these things which God has commanded as a punishment are not excessive nor inadequate, but, as is distinctly stated, “according to the fault” (Deut. xxv. 2).

This section contains also the law concerning preparing “a place without the camp,” and “having a paddle upon the weapon” (Deut. xxiii. 12, 13). As I have told you, it is one of the objects of the Law to train Israel to cleanliness; that they should keep free from dirt and filth, and that men should not be degraded to the condition of cattle. Another object of this law is to confirm by these preparations the belief of the warriors that God dwells in their midst. The reason of the law is therefore stated thus: “For the Lord thy God walketh in the midst of the camp” (ibid. ver. 14). The mention of this reason gave occasion to add another lesson: “That he see no unclean thing in thee and turn away from thee” (ibid.). These words warn and caution us against the usual inclination of soldiers to fornication, when they are away from their homes a long time. God therefore commanded us to do certain things which remind us that He is in our midst; we will thereby [350]be saved from those evil practices; as it is said, “and thy camp shall be holy, that he see no unclean thing in thee” (ibid.). Even those who are unclean by pollution were compelled to stop outside the camp till the evening, and “then he shall come into the camp again.” It will thus be confirmed in the heart of every one of the Israelites that their camp must be like a sanctuary of the Lord, and it must not be like the camps of the heathen, whose sole object is corruption and sin; who only seek to cause injury to others and to take their property; whilst our object is to lead mankind to the service of God, and to a good social order. I have told you already that I only propose to give here such reasons as are apparent from the text of the Law.

To the same class belongs also the law concerning “the marriage of a captive woman” (Deut. xxi. 10 seq.). There is a well-known saying of our Sages: “This law is only a concession to human weakness.” This law contains, nevertheless, even for the nobler class of people, some moral lessons to which I will call your attention. For although the soldier may be overcome by his desire which he is unable to suppress or to restrain, he must take the object of his lust to a private place, “into the inner of his house” (Deut. xxi. 12), and he is not permitted to force her in the camp. Similarly our Sages say, that he may not cohabit with her a second time before she leaves off her mourning, and is at ease about her troubles. She must not be prevented from mourning and crying, and she must be permitted to abstain from bathing, in accordance with the words, “and she shall weep for her father and for her mother” (ibid.); for mourners find comfort in crying and in excitement till the body has not sufficient strength to bear the inner emotions; in the same manner as happy persons find rest in various kinds of play. Thus the Lord is merciful to her and gives her permission to continue her mourning and weeping till she is worn out. You know certainly that he married her as a heathen, and that during the thirty days she openly keeps her religion and even continues her idolatrous practices; no interference with her faith was allowed during that time; and after all that she could not be sold, nor treated as a handmaid, if she could not be induced to accept the statutes of the Law. Thus the Law does not ignore the cohabitation of the Israelite with the captive woman, although it involved disobedience to God to some extent, having taken place when she was still a heathen. The Law prescribes: “Thou shalt not make merchandise of her, because thou hast humbled her” (ibid. 14). We have thus shown the moral lessons contained in these laws, and we have explained the reason of every precept of this section.

The precepts of the seventh class are the civil laws enumerated in the Section on Judgments, and part of the Section on Property. The object of these precepts is obvious. They define the ways of equity in the various transactions which must take place between man and man. Those that are engaged in such transactions must mutually promote each other’s interests; neither of the parties must strive to increase only his own profit, and that he alone should enjoy the whole benefit of the transaction. In the first place, no overcharge is permitted; only the ordinary and known rate of profit may [351]be taken. The law fixes the limits of profits within which the transaction is valid. Even imposition in mere words [where no material harm is inflicted] is forbidden, as is well known. Next comes the law of the four kind of bailees; the fairness of the law is evident. If one keeps the property of his neighbour for nothing, without deriving therefrom any benefit for himself, and is only obliging his neighbour, he is free from all responsibility, and if any injury is done to the property, the owner alone must bear the loss. He who borrows a thing keeps it only for his own advantage, whilst the owner lends it to him to oblige him; he is therefore responsible for everything; any loss in the property must be borne by the borrower. If one takes wages for keeping the property or pays for using it, he as well as the owner profit thereby; the losses must therefore be divided between them. It is done in this manner; the bailee pays for any loss caused through want of care, namely, when the property is stolen or lost; for this happens only when the bailee does not take sufficient precaution. The owner, on the other hand, bears such losses as cannot be prevented; namely, if by accident the animal falls and breaks its limbs, or is carried away by armed men as booty, or if it dies. The Law further ordains merciful conduct towards hired workmen because of their poverty. Their wages should be paid without delay, and they must not be wronged in any of their rights; they must receive their pay according to their work. Another instance of kindness to workmen is this: according to the regulations of this law, workmen, and even animals, must be permitted to partake of the food in the preparation of which they have been engaged. The laws which relate to property include laws concerning inheritance. They are based on the sound principle that man must not “withhold good from those to whom it is due” (Prov. iii. 27), and when he is about to die, he must not conceive ill-will against his heirs, by squandering his property, but leave it to the one who has the greatest claim on it, that is, to him who is his nearest relation, “unto his kinsman that is next to him of his family” (Num. xxvii. 11). It is clearly stated that the son has the first claim, then comes the daughter, then the brother, and then the father’s brothers, as is well known. The father must leave the right of the first-born to his eldest son, because his love for this son came first; he must not be guided by his inclination. He may not make the son of the beloved first-born before the son of the hated (Deut. xxi. 16). Thus our highly equitable Law preserves and strengthens the virtue of respecting all kinsmen, and doing well unto them, as the prophet says: “He that is cruel troubleth his own flesh” (Prov. xi. 17). The Law correctly says, “Thou shalt open thine hand wide unto thy brother, unto thy poor” (Deut. xv. 11). Our Sages bestow much praise upon him who is kind to his relatives, and him who marries the daughter of his sister. The Law has taught us how far we have to extend this principle of favouring those who are near to us, and of treating kindly every one with whom we have some relationship, even if he offended or wronged us; even if he is very bad, we must have some consideration for him. Thus the Law says: “Thou shalt not abhor an Edomite, for he is thy brother” (ibid. xxiii. 7). Again, if we find a person in trouble, whose assistance we have once enjoyed, or of whom we have received some benefit, even if that person has subsequently done evil to us, we must bear in mind his previous [good] conduct. Thus the Law tells us: “Thou shalt not abhor [352]an Egyptian, because thou wast a stranger in his land” (ibid.), although the Egyptians have subsequently oppressed us very much, as is well-known. See how many moral lessons we have derived from these precepts. The last two precepts do not belong to the seventh class; but the discussion of the preference due to relatives as regards inheritance led us to speak of the Egyptians and the Edomites.