CHAPTER XXI.
THE LESSER LAW (continued).
PART II.--RIGHTS OF THE PERSON.
The first words of God 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 assuredly the germs of emancipation 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 emancipation. If his debt or misconduct had involved a family in his disgrace, they should also share his emancipation, 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"-- Leviticus 25:42), 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 (Galatians 6:17). 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 assaults 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 assault or chastisement 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 (Exodus 21:20-21). After all, chastisement 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 assault 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 (Exodus 21:26-27).
It was not quite plain that these enactments extended to the Gentile slave. But in accordance with the assertion 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 (Exodus 21:16), 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 today.
The seduction of any unbetrothed maiden involved marriage, or the payment of a dowry. And thus one door to evil was firmly closed (Exodus 22:16).
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 (Exodus 21:7-11).
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 God 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 sanctity 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 God, 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 (Exodus 21:12, Exodus 21:14). 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 (Exodus 21:13). This arrangement at once respected his life, which did not merit forfeiture, and provided a penalty for his rashness or his passion.
It is because the question in hand is the sanctity of man, that the capital punishment of a son who strikes or curses a parent, the vicegerent of God, and of a kidnapper, is interposed between these provisions and minor offences against the person (Exodus 21:15-17).
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 (Exodus 21:18-19).
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 (Numbers 35:31). 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" (Genesis 9:5). 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 (Numbers 35:31).
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 ignoble 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 (Zechariah 11:13).