For the legal process we find in the law no more than the regulation "that one witness shall not bear evidence against a man for his death," i. e. that one witness was not sufficient to establish a serious charge, that "injustice shall not be done in judgment, that the person of the small shall not be disregarded, nor the person of the great honoured;" "according to law thou shalt judge thy neighbour."[409] For every injury done to the person or property of another, the guilty shall make reparation. We know already the old ordinances which require life for life, eye for eye, and tooth for tooth (I. 485). Injury to property and possession was to be fully compensated; even the injury done by his beast was to be compensated by the master. Theft was merely punished by restoring four or five times the value of the stolen goods. If the thief could not pay this compensation he was handed over to the injured man as a slave. But any one who steals a man in order to keep him as a slave, or to sell him, was to be punished with death.[410] If a murder was committed, the avenger of blood, i. e. the nearest relative and heir of the murdered man, was to pursue the murderer and slay him, wherever he met him, as soon as it was established by two persons that he was really guilty. The law even forbade the avenger of blood to accept a ransom instead of taking the life of the guilty, because the land was desecrated by the blood of the murdered man, "and the land is not cleansed from the blood spilt, save by the blood of the murderer." An exception was allowed only when one man slew another by accident, and without any fault of his own, and not out of hostility or hatred. In this case the slayer was to fly into one of the six cities which were marked out as cities of refuge.[411] From the elders of the city the pursuing avenger of blood was to demand the delivery of the slayer, and they were to decide whether the act was done from hatred and hostility, or was merely an accident. If the elders decided in favour of the first alternative, they were to give up the guilty into the hands of the avenger of blood, that he might die. In the other case, the slayer must remain in the city of refuge till the death of the high priest, and the avenger was free from the guilt of bloodshed if before that time he met him beyond the confines of the city of refuge and slew him.[412] The regulations of the priests even went so far as to lay down a rule that if a savage bull slew a man the bull was not only to be stoned, and not eaten as an unclean animal, but his master also must die, or at any rate pay a ransom, if he knew that the animal was savage, and yet did not control him.[413]
Among the people of the East the wealthier men did not content themselves with one wife. This custom prevailed in Israel also. The law of the priests did not oppose a custom which had an example and justification in the narratives of the patriarchs. The Israelites also followed the general custom of the East, in purchasing the wife from her father, and recompensing the father for the loss of a useful piece of property—for the two working hands which he lost when he gave away his daughter from his house. Thus Jacob obtained the daughters of Laban by a service of 14 years. The price of a wife purchased for marriage from the father seems to have been from 15 to 50 shekels of silver (36s. to 125s.).[414] The conclusion of the marriage was marked by a special festivity, after which the bride was carried by her parents into the nuptial chamber. The prostitution of maidens in honour of the goddess of birth, so common among the neighbouring nations, was strictly forbidden by the book of the law. The daughter of a priest who began to prostitute herself was to be burnt with fire, because she thus "defiled not herself only, but also her father."[415] The man who seduced a virgin was compelled to purchase her for his wife, and even if her father would not give her to wife he was to pay him the usual purchase-money. Adultery was punished by the law with even greater severity than violations of chastity before marriage. The adulteress, together with the man who had seduced her into a violation of the marriage bond, were to be put to death.[416] If a man suspected his wife of unfaithfulness without being able to prove it against her a divine judgment was to decide the matter. The priest was to lead man and wife before Jehovah. Then he was to draw holy water in an earthen pitcher, and throw dust swept from the floor of the dwelling of Jehovah into this, and say to the woman, "If thou hast not offended in secret against thy husband, remain unpunished by this water of sorrow, that bringeth the curse; but if thou hast sinned, may this water go into thy body and cause thy thighs to rot, and may Jehovah make thee a curse and an oath among thy people." The woman answered, "So be it;" and when the priest had dipped in the water a sheet written with the words of this curse, she was compelled to drink it.[417] Thus the woman was brought to confession, or was freed from the suspicion of her husband.
Marriages were forbidden not only with strange women, but also within certain degrees of relationship; in which were included not only those close degrees, to which there is a natural abhorrence, but also such as did not exclude marriage in other nations. In this matter the law of the priests proceeded from the sound view that marriage did not belong to a natural connection already in existence, but was intended to found a new relationship. Not only was marriage forbidden with a mother, with any wife or concubine of the father, with a sister, a daughter, or granddaughter, a widowed daughter-in-law; but also with an aunt on the father's or mother's side, with a stepsister, or sister by marriage, with a sister-in-law, or wife's sister so long as the wife lived.[418]
The husband purchased his wife as a chattel; hence in marriage she continued to live in entire dependence beside her husband. The husband could not commit adultery as against his wife; it was the right of another husband which was injured by the seduction of the wife. It rested with the husband to take as many wives as he chose beside his first wife, and as many concubines from his handmaids and female slaves as seemed good to him. The husband could put away his wife if she "found no favour in his eyes," while the wife, on her part, could not dissolve the marriage, or demand a separation; she possessed no legal will. Like the wife, the children stood to the father in a relation of the most complete dependence. Nor only did he sell his daughters for marriage, he could give them as pledges, or even sell them as slaves, but not out of the land;[419] and though the father was not allowed to sell the son as a slave, he could turn him out of his house. Obedience and reverence towards parents were impressed strongly on children, even in the earliest regulations derived from the time of Moses. The son who curses his father or mother, or strikes them, must be put to death.[420] The first-born son is the heir of the house; after the death of the father he is the head of the family, and succeeds to his rights over the younger sons and the females. It is not clear whether the law allows any claims to the moveable inheritance to any of the sons besides the eldest, to whom the immoveable property passed absolutely; the sons of concubines and slaves had no right of inheritance if there were sons in existence by legitimate marriage. Daughters could only inherit if there were no sons. The heiress could not marry beyond the tribe, in order that the inheritance might at least fall to the lot of a tribesman. If there were neither sons nor daughters, the brother of the father was the heir, and then the uncles of the father.[421]
The law attempts to fix and ameliorate the position of day-labourers and slaves. "The hire of the labourer shall not remain with thee till the morrow."[422] The number of slaves appears to have been considerable. They were partly captives taken in war, and partly strangers purchased in the way of trade; partly Hebrews who, when detected in thieving, could not pay the compensation, or who could not pay their debts, or Hebrew daughters sold by their parents. The marriages of slaves increased their number. The law required that slaves should rest on the Sabbath day;[423] and even the oldest regulations restrict the right of the master over the life of his slave by laying down the rule that the slave shall be free if his master has inflicted a severe wound upon him, and that the master must be punished if he has slain his slave.[424] The slave who was a born Israelite might be ransomed by his kindred, if they could pay the sum required.[425] The Hebrew slave was treated by his master as a hired labourer, and hind.[426] When the Hebrew slave had served six years his master was compelled to set him free without ransom in the seventh year. A Hebrew could only remain in slavery for ever when, after six years of service, he voluntarily declared that he wished to remain with his master; then, as a sign that he permanently belonged to the house of his master, his ear was pierced on the door-post with an awl.
FOOTNOTES:
[368] Exod. xiii. 2; Numbers iii. 5-51; viii. 16.
[369] Numbers xviii. 20-26.
[370] Vol. i. 488, 502.
[371] Numbers xviii. 8-20.