That is a n.o.bler 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" (Gal. iv. 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 G.o.d. 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 G.o.d, introduced by a clearer statement than before of the manner in which He means to lead them, even by that mysterious Angel in Whom "is My Name."
PART I.-THE LAW OF WORSHIP.
xx. 2226.
It is no vain repet.i.tion that this code begins by rea.s.serting the supremacy of the one G.o.d. That principle underlies all the law, and must be carried into every part of it. And it is now enforced by a new sanction,-"Ye yourselves have seen that I have talked with you from heaven: ye shall not make _other G.o.ds_ with Me; G.o.ds of silver or G.o.ds of gold ye shall not make unto you" (vers. 22, 23). The costliest material of this low world should be utterly contemned in rivalry with that spiritual Presence revealing Himself out of a wholly different sphere; and in so far as they remembered Him, and the Voice which had thrilled their nature to its core, in so far would they be free from the desire for any carnal and materialised divinity to go before them.
Impressed with such views of G.o.d, their service of Him would be moulded accordingly (24, 25). It is true that nothing could be too splendid for His sanctuary, and Bezaleel was presently to be inspired, that the work of the tabernacle might be worthy of its destination. Spirituality is not meanness, nor is art without a consecration of its own. But it must not intrude too closely upon the solemn act wherein the soul seeks the pardon of the Creator. The altar should not be a proud structure, richly sculptured and adorned, and offering in itself, if not an object of adoration, yet a satisfying centre of attention for the worshipper. It should be simply a heap of sods. And if they must needs go further, and erect a more durable pile, it must still be of materials crude, inartistic, such as the earth itself affords, of unhewn stone. A golden casket is fit to convey the freedom of some historic city to a prince, but the n.o.blest offering of man to G.o.d is too humble to deserve an ostentatious altar.
"If thou lift up a tool upon it thou hast polluted it:" it has lost its virginal simplicity; it no longer suits a spontaneous offering of the heart, it has become artificial, sophisticated, self-conscious, polluted.
It is vehemently urged that these verses sanction a plurality of altars (so that one might be of earth and another of stone), and recognise the lawfulness of worship in other places than at a central appointed shrine. And it is concluded that early Judaism knew nothing of the exclusive sanct.i.ty of the tabernacle and the temple.
This argument forgets the circ.u.mstances. The Jews had been led to h.o.r.eb, the mount of G.o.d. They were soon to wander away thence through the wilderness. Altars had to be set up in many places, and might be of different materials. It was an important announcement that in every place where G.o.d would record His name He would come unto them and bless them. But certainly the inference leans rather toward than against the belief that it was for Him to select every place which should be sacred.
The last direction given with regard to worship is a homely one. It commands that the altar must not be approached with steps, lest the clothes of the priest should be disturbed and his limbs uncovered.
Already we feel that we have to reckon with the temper as well as the letter of the precept. It is divinely unlike the frantic indecencies of many pagan rituals. It protests against all infractions of propriety, even the slightest, such as even now discredit many a zealous movement, and bear fruit in many a scandal. It rebukes all misdemeanour, all forgetfulness in look and gesture of the Sacred Presence, in every worshipper, at every shrine.
FOOTNOTES:
[35] Prof. Tyndall, _Belfast Address_, p. 60. What progress has scientific unbelief made since 1874 in solving this "question of questions for the present hour"? It has perfected the phonograph, but it has not devised a creed.
[36] "Or _beside Me_" (R.V.) The preposition is so vague that either of our English words may suggest quite too definite a meaning, as when "before Me" is made to mean "in My angry eyes," or "beside Me" is taken to hint at resentment for intrusion upon the same throne.
[37] Gury, Compend., i., secs. 607, 623.
CHAPTER XXI.
_THE LESSER LAW (continued)._
PART II.-RIGHTS OF THE PERSON.
xxi. 132.
The first words of G.o.d from Sinai had declared that He was Jehovah Who brought them out of slavery. And in this remarkable code, the first person whose rights are dealt with is the slave. We saw that a denunciation of all slavery would have been premature, and therefore unwise; but a.s.suredly the germs of emanc.i.p.ation were already planted by this giving of the foremost place to the rights of the least of all and the servant of all.
As regards the Hebrew slave, the effect was to reduce his utmost bondage to a comparatively mild apprenticeship. At the worst he should go free in the seventh year; and if the year of jubilee intervened, it brought a still speedier emanc.i.p.ation. If his debt or misconduct had involved a family in his disgrace, they should also share his emanc.i.p.ation, but if while in bondage his master had provided for his marriage with a slave, then his family must await their own appointed period of release. It followed that if he had contracted a degrading alliance with a foreign slave, his freedom would inflict upon him the pang of final severance from his dear ones. He might, indeed, escape this pain, but only by a deliberate and humiliating act, by formally renouncing before the judges his liberty, the birthright of his nation ("they are My servants, whom I brought forth out of Egypt, they shall not be sold as bondservants"-Lev. xxv. 42), and submitting to have his ear pierced, at the doorpost of his master"s house, as if, like that, his body were become his master"s property. It is uncertain, after this decisive step, whether even the year of jubilee brought him release; and the contrary seems to be implied in his always bearing about in his body an indelible and degrading mark. It will be remembered that St. Paul rejoiced to think that his choice of Christ was practically beyond recall, for the scars on his body marked the tenacity of his decision (Gal. vi. 17). He wrote this to Gentiles, and used the Gentile phrase for the branding of a slave. But beyond question this Hebrew of Hebrews remembered, as he wrote, that one of his race could incur lifelong subjection only by a voluntary wound, endured because he loved his master, such as he had received for love of Jesus.
When the law came to deal with a.s.saults it was impossible to place the slave upon quite the same level as the freeman. But Moses excelled the legislators of Greece and Rome, by making an a.s.sault or chastis.e.m.e.nt which killed him upon the spot as worthy of death as if a freeman had been slain. It was only the victim who lingered that died comparatively unavenged (20, 21). After all, chastis.e.m.e.nt was a natural right of the master, because he owned him ("he is his money"); and it would be hard to treat an excess of what was permissible, inflicted perhaps under provocation which made some punishment necessary, on the same lines with an a.s.sault that was entirely lawless. But there was this grave restraint upon bad temper,-that the loss of any member, and even of the tooth of a slave, involved his instant manumission. And this carried with it the principle of moral responsibility for every hurt (26, 27).
It was not quite plain that these enactments extended to the Gentile slave. But in accordance with the a.s.sertion that the whole spirit of the statutes was elevating, the conclusion arrived at by the later authorities was the generous one.
When it is added that man-stealing (upon which all our modern systems of slavery were founded) was a capital offence, without power of commutation for a fine (xxi. 16), it becomes clear that the advocates of slavery appeal to Moses against the outraged conscience of humanity without any shadow of warrant either from the letter or the spirit of the code.
There remains to be considered a remarkable and melancholy sub-section of the law of slavery.
In every age degraded beings have made gain of the attractions of their daughters. With them, the law attempted nothing of moral influence. But it protected their children, and brought pressure to bear upon the tempter, by a series of firm provisions, as bold as the age could bear, and much in advance of the conscience of too many among ourselves to-day.
The seduction of any unbetrothed maiden involved marriage, or the payment of a dowry. And thus one door to evil was firmly closed (xxii.
16).
But when a man purchased a female slave, with the intention of making her an inferior wife, whether for himself or for his son (such only are the purchases here dealt with, and an ordinary female slave was treated upon the same principles as a man), she was far from being the sport of his caprice. If indeed he repented at once, he might send her back, or transfer her to another of her countrymen upon the same terms, but when once they were united she was protected against his fickleness. He might not treat her as a servant or domestic, but must, even if he married another and probably a chief wife, continue to her all the rights and privileges of a wife. Nor was her position a temporary one, to her damage, as that of an ordinary slave was, to his benefit.
And if there was any failure to observe these honourable terms, she could return with unblemished reputation to her father"s home, without forfeiture of the money which had been paid for her (xxi. 711).
Does any one seriously believe that a system like the African slave trade could have existed in such a humane and genial atmosphere as these enactments breathed? Does any one who knows the plague spot and disgrace of our modern civilisation suppose for a moment that more could have been attempted, in that age, for the great cause of purity? Would to G.o.d that the spirit of these enactments were even now respected! They would make of us, as they have made of the Hebrew nation unto this day, models of domestic tenderness, and of the blessings in health and physical vigour which an untainted life bestows upon communities.
By such checks upon the degradation of slavery, the Jew began to learn the great lesson of the sanct.i.ty of manhood. The next step was to teach him the value of life, not only in the avenging of murder, but also in the mitigation of such revenge. The blood-feud was too old, too natural a practice to be suppressed at once; but it was so controlled and regulated as to become little more than a part of the machinery of justice.
A premeditated murder was inexpiable, not to be ransomed; the murderer must surely die. Even if he fled to the altar of G.o.d, intending to escape thence to a city of refuge when the avenger ceased to watch, he should be torn from that holy place: to shelter him would not be an honour, but a desecration to the shrine (xxi. 12, 14). According to this provision Joab and Adonijah suffered. For the slayer by accident or in hasty quarrel, "a place whither he shall flee" would be provided, and the vague phrase indicates the antiquity of the edict (ver. 13). This arrangement at once respected his life, which did not merit forfeiture, and provided a penalty for his rashness or his pa.s.sion.
It is because the question in hand is the sanct.i.ty of man, that the capital punishment of a son who strikes or curses a parent, the vicegerent of G.o.d, and of a kidnapper, is interposed between these provisions and minor offences against the person (1517).
Of these latter, the first is when lingering illness results from a blow received in a quarrel. This was not a case for the stern rule, eye for eye and tooth for tooth,-for how could that rule be applied to it?-but the violent man should pay for his victim"s loss of time, and for medical treatment until he was thoroughly recovered (18, 19).
But what is to be said to the general law of retribution in kind? Our Lord has forbidden a Christian, in his own case, to exact it. But it does not follow that it was unjust, since Christ plainly means to instruct private persons not to exact their rights, whereas the magistrate continues to be "a revenger to execute justice." And, as St.
Augustine argued shrewdly, "this command was not given for exciting the fires of hatred, but to restrain them. For who would easily be satisfied with repaying as much injury as he received? Do we not see men slightly hurt athirst for slaughter and blood?... Upon this immoderate and unjust vengeance, the law imposed a just limit, not that what was quenched might be kindled, but that what was burning might not spread." (Cont.
Faust, xix. 25.)
It is also to be observed that by no other precept were the Jews more clearly led to a morality still higher than it prescribed. Their attention was first drawn to the fact that a compensation in money was nowhere forbidden, as in the case of murder (Num. x.x.xv. 31). Then they went on to argue that such compensation must have been intended, because its literal observance teemed with difficulties. If an eye were injured but not destroyed, who would undertake to inflict an equivalent hurt?
What if a blind man destroyed an eye? Would it be reasonable to quench utterly the sight of a one-eyed man who had only destroyed one-half of the vision of his neighbour? Should the right hand of a painter, by which he maintains his family, be forfeited for that of a singer who lives by his voice? Would not the cold and premeditated operation inflict far greater mental and even physical suffering than a sudden wound received in a moment of excitement? By all these considerations, drawn from the very principle which underlay the precept, they learned to relax its pressure in actual life. The law was already their schoolmaster, to lead them beyond itself (_vide_ Kalisch _in loco_).
Lastly, there is the question of injury to the person, wrought by cattle.
It is clearly to deepen the sense of reverence for human life, that not only must the ox which kills a man be slain, but his flesh may not be eaten; thus carrying further the early aphorism "at the hand of every beast will I require ... your blood" (Gen. ix. 5). This motive, however, does not betray the lawgiver into injustice: "the owner of the ox shall be quit"; the loss of his beast is his sufficient penalty.
But if its evil temper has been previously observed, and he has been warned, then his recklessness amounts to blood-guiltiness, and he must die, or else pay whatever ransom is laid upon him. This last clause recognises the distinction between his guilt and that of a deliberate man-slayer, for whose crime the law distinctly prohibited a composition (Num. x.x.xv. 31).
And it is expressly provided, according to the honourable position of woman in the Hebrew state, that the penalty for a daughter"s life shall be the same as for that of a son.
As a slave was exposed to especial risk, and his position was an ign.o.ble one, a fixed composition was appointed, and the amount was memorable.
The ransom of a common slave, killed by the horns of the wild oxen, was thirty pieces of silver, the goodly price that Messiah was prized at of them (Zech. xi. 13).
PART III.-RIGHTS OF PROPERTY.
xxi. 33xxii. 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 ign.o.ble 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 (xxi. 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 quant.i.ty of the best of my own field or vineyard (xxii. 5). If a fire of my kindling burn his grain, standing or piled, I must make rest.i.tution: I had no right to kindle it where he was brought into hazard (xxii. 6). This is the same principle which had already p.r.o.nounced 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 a.s.sailants of the foundations which uphold law.