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the antiquities of the jews-1-第52章

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thereby families will not fail; and the estate will continue
among the kindred; and this will be for the solace of wives under
their affliction; that they are to be married to the next
relation of their former husbands。 But if the brother will not
marry her; let the woman come before the senate; and protest
openly that this brother will not admit her for his wife; but
will injure the memory of his deceased brother; while she is
willing to continue in the family; and to hear him children。 And
when the senate have inquired of him for what reason it is that
he is averse to this marriage; whether he gives a bad or a good
reason; the matter must come to this issue; That the woman shall

loose the sandals of the brother; and shall spit in his face; and
say; He deserves this reproachful treatment from her; as having
injured the memory of the deceased。 And then let him go away out
of the senate; and bear this reproach upon him all his life long;
and let her marry to whom she pleases; of such as seek her in
marriage。 But now; if any man take captive; either a virgin; or
one that hath been married; (26) and has a mind to marry her; let
him not be allowed to bring her to bed to him; or to live with
her as his wife; before she hath her head shaven; and hath put on
her mourning habit; and lamented her relations and friends that
were slain in the battle; that by this means she may give vent to
her sorrow for them; and after that may betake herself to
feasting and matrimony; for it is good for him that takes a
woman; in order to have children by her; to be complaisant to her
inclinations; and not merely to pursue his own pleasure; while he
hath no regard to what is agreeable to her。 But when thirty days
are past; as the time of mourning; for so many are sufficient to
prudent persons for lamenting the dearest friends; then let them
proceed to the marriage; but in case when he hath satisfied his
lust; he be too proud to retain her for his wife; let him not
have it in his power to make her a slave; but let her go away
whither she pleases; and have that privilege of a free woman。

24。 As to those young men that despise their parents; and do not
pay them honor; but offer them affronts; either because they are
ashamed of them or think themselves wiser than they; … in the
first place; let their parents admonish them in words; (for they
are by nature of authority sufficient for becoming their judges;)
and let them say thus to them: … That they cohabited together;
not for the sake of pleasure; nor for the augmentation of their
riches; by joining both their stocks together; but that they
might have children to take care of them in their old age; and
might by them have what they then should want。 And say further to
him; 〃That when thou wast born; we took thee up with gladness;
and gave God the greatest thanks for thee; and brought time up
with great care; and spared for nothing that appeared useful for
thy preservation; and for thy instruction in what was most
excellent。 And now; since it is reasonable to forgive the sins of
those that are young; let it suffice thee to have given so many
indications Of thy contempt of us; reform thyself; and act more
wisely for the time to come; considering that God is displeased
with those that are insolent towards their parents; because he is
himself the Father of the whole race of mankind; and seems to
bear part of that dishonor which falls upon those that have the
same name; when they do not meet with dire returns from their
children。 And on such the law inflicts inexorable punishment; of
which punishment mayst thou never have the experience。〃 Now if
the insolence of young men be thus cured; let them escape the
reproach which their former errors deserved; for by this means
the lawgiver will appear to be good; and parents happy; while
they never behold either a son or a daughter brought to
punishment。 But if it happen that these words and instructions;
conveyed by them in order to reclaim the man; appear to be
useless; then the offender renders the laws implacable enemies to
the insolence he has offered his parents; let him therefore be
brought forth (27) by these very parents out of the city; with a
multitude following him; and there let him be stoned; and when he
has continued there for one whole day; that all the people may
see him; let him be buried in the night。 And thus it is that we
bury all whom the laws condemn to die; upon any account
whatsoever。 Let our enemies that fall in battle be also buried;
nor let any one dead body lie above the ground; or suffer a
punishment beyond what justice requires。

25。 Let no one lend to any one of the Hebrews upon usury; neither
usury of what is eaten or what is drunken; for it is not just to
make advantage of the misfortunes of one of thy own countrymen;
but when thou hast been assistant to his necessities; think it
thy gain if thou obtainest their gratitude to thee; and withal
that reward which will come to thee from God; for thy humanity
towards him。

26。 Those who have borrowed either silver or any sort of fruits;
whether dry or wet; (I mean this; when the Jewish affairs shall;
by the blessing of God; be to their own mind;) let the borrowers
bring them again; and restore them with pleasure to those who
lent them; laying them up; as it were; in their own treasuries;
and justly expecting to receive them thence; if they shall want
them again。 But if they be without shame; and do not restore it;
let not the lender go to the borrower's house; and take a pledge
himself; before judgment be given concerning it; but let him
require the pledge; and let the debtor bring it of himself;
without the least opposition to him that comes upon him under the
protection of the law。 And if he that gave the pledge be rich;
let the creditor retain it till what he lent be paid him again;
but if he be poor; let him that takes it return it before the
going down of the sun; especially if the pledge be a garment;
that the debtor may have it for a covering in his sleep; God
himself naturally showing mercy to the poor。 It is also not
lawful to take a millstone; nor any utensil thereto belonging;
for a pledge; that the debtor; may not be deprived of instruments
to get their food withal; and lest they be undone by their
necessity。

27。 Let death be the punishment for stealing a man; but he that
hath purloined gold or silver; let him pay double。 If any one
kill a man that is stealing something out of his house; let him
be esteemed guiltless; although the man were only breaking in at
the wall。 Let him that hath stolen cattle pay fourfold what is
lost; excepting the case of an ox; for which let the thief pay
fivefold。 Let him that is so poor that he cannot pay what mulet
is laid upon him; be his servant to whom he was adjudged to pay
it。

28。 If any one be sold to one of his own nation; let him serve
him six years; and on the seventh let him go free。 But if he have
a son by a woman servant in his purchaser's house; and if; on
account of his good…will to his master; and his natural affection
to his wife and children; he will be his servant still; let him
be set free only at the coming of the year of jubilee; which is
the fiftieth year; and let him then take away with him his
children and wife; and let them be free also。

29。 If any one find gold or silver on the road; let him inquire
after him that lost it; and make proclamation of the place where
he found it; and then restore it to him again; as not thinking it
right to make his own profit by the loss of another。 And the same
rule is to be observed in cattle found to have wandered away into
a lonely place。 If the owner be not presently discovered; let him
that is the finder keep it with himself; and appeal to God that
he has not purloined what belongs to another。

30。 It is not lawful to pass by any beast that is in distress;
when in a storm it is fallen down in the mire; but to endeavor to
preserve it; as having a sympathy with it in its pain。

31。 It is also a duty to show the roads to those who do not know
them; and not to esteem it a matter for sport; when we hinder
others' advantages; by setting them in a wrong way。

32。 In like manner; let no one revile a person blind or dumb。

33。 If men strive together; and there be no instrument of iron;
let him that is smitten be avenged immediately; by inflicting the
same punishment on him that smote him: but if when he is carried
home he lie sick many days; and then die; let him that smote him
not escape punishment; but if he that is smitten escape death;
and yet be at great expense for his cure; the smiter shall pay
for all that has been expended during the time of his sickness;
and for all that he has paid the physician。 He that kicks a woman
with child; so that the woman miscarry; (28) let him pay a fine
in money; as the judges shall determine; as having diminished the
multitude by the destruction of what was in her womb; and let
money also be given the woman's husband by him that kicked her;
but if she die of the stroke; let him also be put to death; the
law judging it equitable that life should go for life。

34。 Let no one of the Israelites keep any poison (29
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