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28¶ If an ox gore a man or a woman, that they die: then z the ox shall be surely stoned, and his flesh shall not be eaten; but the owner of the ox shall be quit.

29 But if the ox were wont to push

z Gen. 9. 5.

old age, he plainly gives us to understand that all the other organs, of intermediate dignity, are to be included. It is also reasonable to suppose that all slaves, whether Israelites or not, were to have the benefit of this law, though the Jewish authorities restrict it to the former.

with his horn in time past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman; the ox shall be stoned, and his owner also shall be put to death.

of Moses, the present enactment, which inflicted punishment on the injurious beast itself, would probably be more effectual than any other in impressing their minds with a strong sense of the value of human life and the certain retribution that awaited its destroyer. Accordingly, many of the ancient legislators, who were called to institute

Law respecting the pushing or goring laws to people placed in circumstances

Ox.

closely resembling those of the He

28, 29. If an ox gore a man or a wo-brews, proceeded on the same principle man. The present is another charac- as Moses; some of the wisest of them teristic feature of the Mosaic code. ordaining, that a dog that bit a person When a man, without having himself should be put in chains; and that if a given the fatal blow, was, in conse- stone, or piece of wood, iron, or the quence of gross carelessness, the cause like, was thrown at a man, so as to kill of his neighbor's death in any other him, but the perpetrator could not be way, he became liable to the cognizance discovered, the punishment appointed of the law. The case of the pushing by the law should be forthwith inflicted ox is alone here mentioned, but there on the instrument of the murder. In can be no doubt that the regulation ap- ancient history we read of a statue. plied to the case of any other animal which, by accident, had fallen down capable of inflicting a mortal injury, and killed a bystander, being thrown whether by means of his horns, feet, into the sea; and in modern history we teeth, or otherwise. The Scripture,' meet with a singular instance of severity says Maimonides, 'speaketh not of the displayed towards a tree, in consequence ox but as an instance.' The design of of an atrocious robbery having been this law was to signify the divine de- committed near it. Sir John Malcolm testation of homicide, and to inspire the relates, that a late Persian monarch, nation of Israel with the deepest horror who had signalised his reign by a laudat every species of blood-shedding, by able zeal to extirpate every species of which human life was extinguished. At crime, especially to make travelling the same time the ancient Asiatic no- through his dominions safe from the tions of retributive justice are clearly molestations of robbers, having been to be traced in the ordinances before us. informed by an individual of his being Among a people more advanced in civil-waylaid and relieved of a considerable ization and refinement a pecuniary or sum of money, issued a proclamation other penalty would have the effect of inspiring the due degree of caution in restraining noxious animals. But for a rude people like the Hebrews in the age

for the apprehension of the offenders. No clue, however, was found that could lead to the discovery; and the king, determined not to let such an atrocity

30 If there be laid on him a suming to this judgment shall it be of money, then he shall give for done unto him. a the ransom of his life whatsoever is laid upon him.

31 Whether he have gored a son, or have gored a daughter, accord

a ver. 22. Numb. 35. 31.

pass without a marked expression of his royal displeasure, sent a herald through all the neighboring towns and villages, to announce, that as the robbery was perpetrated at a certain tree, he had ordered the executioners of justice to repair on an appointed day to the spot, and punish the tree according to the utmost rigors of the law. At the period fixed, an immense crowd re. paired to witness the spectacle; the royal messenger inflicted tremendous blows on the unconscious and unoffending tree; and the consequence was, that such a feeling was universally diffused among his subjects of the king's fixed determination to revenge the theft, that the delinquents, in the course of the next night, deposited the stolen property at the foot of the very tree at which they had taken it, and which had suffered for their crime. Instances of this description show us the wisdom and necessity of lawgivers accommodating their institutions and manner of procedure to the character and circumstances of the people over whom they preside.

THis flesh shall not be eaten. Both in order to inspire deeper detestation, and that the owner's loss might be greater. The owner of the ox shall be quit. Shall suffer no other punishment than the loss of his ox. This, however, was on condition of the owner's not having been previously acquainted with the vicious propensities of the animal. But if he had been in formed of preceding instances of the same kind, and yet had neglected to take care of the ox, and through his neglect any one had lost his life, then not only must the ox be stoned, but the

32 If the ox shall push a manservant, or a maid-servant; he shall give unto their master bthirty

b See Zech. 11. 12, 13. Matt. 26. 15. Phil. 2.7.

owner also punished as a murderer. Mischief of this kind was provided against by the statutes or customs of most nations, but by none so studiously as those of the Hebrews. The Romans twisted hay about the horns of their dangerous cattle, as a caution to all that came in their way. Hence the saying of Horace, 'Fœnum habet in cornu, longè fuge!' he has hay on his horns, flee for life! But the Jewish law required the confinement of the beast.

30-32. If there be laid on him a sum of money, &c. Heb. 7 W17 700 DN im kopher yushath alav, if an atonement, or ransom, be laid upon him. This evidently supposes that in view of alleviating circumstances, the magis. trates were permitted to change the punishment of death into a pecuniary mulct. The care of the ox, for instance, may have been committed to a careless servant; or he may have broken through the cords or the inclosure by which he was secured; or he might have been provoked and enraged by another; all which were circumstances that should go in mitigation of the sentence. Whatever the fine were in this case, he was to submit to it, and it was to be given to the heirs of him that had been killed. This fine, in the case of a free man or woman, was left discretionary with the judge, but in the case of a male or fe male servant was fixed to the sum of thirty shekels of silver, or about $22 of our money. This valuation of a slave was precisely the sum for which Judas betrayed Christ! Mat. 26. 15. Zech. 11. 12, 13.-In v. 31, the Chal. has, 'A son of Israel, or a daughter of Israel.'

shekels of silver, and the cox shall | money of it, and the dead or also

be stoned.

33¶ And if a man shall open a pit, or if a man shall dig a pit, and not cover it, and an ox or an ass fall therein;

34 The owner of the pit shall make it good, and give money unto the owner of them; and the dead beast shall be his.

35¶ And if one man's ox hurt another's that he die, then they shall sell the live ox, and divide the

c ver. 28.

Law respecting the Pit left uncovered. 33. If a man shall open a pit, &c. Not only were the statutes of this divine code so framed as to guard against mischief and injury arising from malice, but also against that which might be occasioned by a culpable negligence. The pits or wells from which water was procured in those countries, though usually covered when not in use, yet were very liable to be left open, thus exposing to the utmost peril the lives or limbs of the animals that chanced to fall into them. The law contemplates the two cases of opening an old pit and digging a new one. The damage accruing in either case was to be made good by the opener or digger, to whom, however, the carcase of the dead animal was to be considered as belonging.

Law respecting Injuries done to cattle. 35. If one man's ox hurt another's. Where cattle fought and one killed another, the owners were to adjust the matter by selling the live ox and dividing the price equally between them, and also by making an equal division of the dead ox. But it is supposed in this case, that there had been no fault on the part of the owner of the slaying ox. On the other hand, if the animal was known to be of vicious propensities and his owner had not kept him in, it

they shall divide.

36 Or if it be known that the ox hath used to push in time past, and his owner hath not kept him in; he shall surely pay ox for ox, and the dead shall be his own.

IF

CHAPTER XXII.

F a man shall steal an ox, or a sheep, and kill it, or sell it: he shall restore five oxen for an ox, and a four sheep for a sheep.

a 2 Sam. 12. 6. Luke 19. 8. See Prov. 6. 31.

was manifestly just that he should suf. fer for his negligence, and was consequently required to give up his live ox and take the dead one.

CHAPTER XXII.

Law respecting Theft and Burglary.

1. If a man shall steal an ox, &c. The protection of person and property from the force of the violent, and from the frauds of the dishonest, is one of the chief objects of all criminal law; and this object is compassed, or at least aim. ed at, by means of punishments or penalties annexed to crime. Now certainly the most obvious, appropriate, and efficacious punishment for stealing is, that the thief should be compelled to restore many times the value of that which he had stolen; and in this we find the principle of the ensuing statutes concerning theft. As the property of the ancient Israelites consisted mainly in cattle, it was very natural that the prin ciples on which the magistrates were to proceed in determining cases of theft and robbery, should be shown in instances taken from this kind of possession. From this chapter it appears that the most gentle punishment of theft was twofold restitution to the owner, who thus obtained a profit for his risk of loss. This punishment was applicable to every case in which the article stolen

2 ¶ If a thief be found b break- die, there shall no blood be shed ing up, and be smitten that he for him.

b Matt. 24. 43.

c Numb. 35. 27.

built on the outside of no better a material than either sun-burnt brick, or Flemish wall, daubed over in as coarse a manner as can be seen in the vilest cottages. From this dirty way of build. ing, they experience this amongst other inconveniences, that upon any violent rain the whole city becomes, by the washing of the houses, as it were a quagmire.' As an opening therefore was effected through dried clay, and not through wood or stone, we perceive the propriety of the terms employed. The phraseology may be illustrated by the following parallel passages: Job, 24. 16, 'In the dark they dig through houses which they had marked for themselves in the daytime.' Ezek. 8. 8,

remained unaltered in the thief's possession; that is, was neither sold nor slaughtered. If however either of these were the case, and consequently all hope of repentance and voluntary restitution precluded, the punishment was more severe, being fourfold restitution in the case of a sheep or goat, and probably of other animals except an ox, where it was, fivefold. This higher degree of penalty was annexed to the theft of oxen on account of their great value in the rural economy of the Israelites; for they used no horses in their husbandry. The ox did every thing on their farms. He plowed, he threshed out the corn, and he drew it when threshed to the barn or garner. If therefore the theft of an ox was more' Then said he unto me, Son of Man, severely punished than that of any thing else, it was on the same principle on which an increase of punishment is inflicted for the crime of stealing from the farmer his plough, or any part of the apparatus belonging to it. It was, however, afterward enacted, Lev. 6. 4, 5, that if the thief were touched in conscience, and voluntarily confessed his crime and restored the stolen property, he should only be required to add a fifthain lo damim, no bloods to part to it. Comp. Num. 5. 6, 7. him. That is, no blood shall be imputed to him who killed him; he shall not be held guilty of murder, inasmuch as it could not be known in the dark who the intruder was, or how far his designs might have carried him if not prevented. Gr. ovx EσTiv avro povas, there shall not be slaughter for him. Chal., Sam., and Vulg. 'The smiter shall not be guilty of blood.' Syr. 'He shall not have an action of life. Arab. 'His blood shall be unpunished.' The propriety of this enactment will appear more obvious if it be considered that in the night season men are less upon their guard, and where the precautions are

2. If a thief be found breaking up, &c. Heb. bammahtereth, in digging through. Gr. Ev rw diopvyparı, id. That is, digging or breaking through a house, as the Chal. expressly renders it. In the eastern countries the walls of the houses are made very thick in order to shelter the inhabitants more effectually from the intense heat of the climate, and they are very frequently made of dried mud, laid in between upright and tranverse pieces of timber. Maundrell, speaking of Damascus, says, 'The streets here are narrow, as is usual in hot countries, and the houses are all VOL. II. 3

dig now in the wall,' &c. Mat. 24. 43, 'If the good man of the house had known in what watch the thief had come, he would have watched, and would not have suffered his house to be broken up.' Gr. 'To be digged through.' It is plain also from the sequel that the burglary is supposed to be committed at night.¶ No blood for him; as it reads without the italics.

אין .Heb

3 If the sun be risen upon him there shall be blood shed for him: for he should make full restitution; if he have nothing, then he shall be 4 sold for his theft.

4 If the theft be certainly found in his hand alive, whether it be ox, or ass, or sheep; he shall frestore double.

5¶ If a man shall cause a field or

d ch. 21. 2. e ch. 21. 16. f See ver 1. 7. Prov. 6. 31.

necessarily slight, the rigor of the law should be increased. Besides, a robbery committed in the dead of night, when no spectators are by, is attended with great inconvenience for the want of witnesses, by whose testimony only the thief could be condemned. The case was directly the reverse provided the sun had risen, for then the presumption was that the thief's sole purpose was to steal and not to kill, and slaying was not the punishment for stealing. In God's code punishment is always duly proportioned to crime; and it teaches us to be tender of the lives of bad men.

3. If the sun be risen upon him. Chal. "If the eye of witnesses shall have fallen upon him.' Targ. Jon. 'If it be clear by the sun's light that he did not enter for the purpose of killing.'.

He

vineyard to be eaten, and shall put in his beast, and shall feed in another man's field: of the best of his own field, and of the best of his own vineyard shall he make restitution.

6 ¶ If fire break out, and catch in thorns, so that the stacks of corn, or the standing corn, or the field be consumed therewith; he that kindled the fire shall surely make restitution.

the preceding, 'he should or might have been sold.'

4. If the theft be certainly found in his hand alive, &c. This is not to be understood as being at variance with what is said Prov. 6. 31, 'If he be found, he shall restore sevenfold;' as the 'seven. fold' here is doubtless but another term for abundantly, according to the common usage of the number 'seven.' Comp. Gen. 4. 24. Ps. 12. 6.-79. 12. The provision in this case seems to be based upon a mild construction of motives. The theft being found in his hand would appear to argue more hesitation and less management and decision in iniquitous practices than if he had pro-. ceeded to kill or sell it. So nice are the discriminations that are made in this wonderful code.

Law respecting Trespass.

5. If a man shall cause a field or vineyard, &c. This was a case of trespass upon another man's grounds, where the intruder sent in his cattle to feed upon and eat down the grass, vines, or fruit trees of his neighbor. The penalty was that he should make restitution of the best of his own.

should make full restitution. This clause is designed as a statement of the reason for what goes before. The kill ing of the man under such circumstances were a mere act of wanton homicide, inasmuch as he could, if spared, have made complete restitution; or if too poor for this, he could have been sold 'as a slave, according to law, and the avails have gone to compensate the theft or the injury.-¶ Then he shall be sold. An unhappy rendering when strictly considered, for the housebreak-thorns, &c. It is a plain principle runer is supposed to be killed; and if so, how could he be sold as a slave? The version ought properly to have run like

Law respecting Conflagrations. 6. If a fire break out, and catch in

ning through these enactments, that men should suffer for their carelessness, as well as for their wickedness; that they

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