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第59章

the antiquities of the jews-1-第59章

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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) that may
cause death; or any other harm; but if he be caught with it; let
him be put to death; and suffer the very same mischief that he
would have brought upon them for whom the poison was prepared。

35。 He that maimeth any one; let him undergo the like himself;
and be deprived of the same member of which he hath deprived the
other; unless he that is maimed will accept of money instead of
it (30) for the law makes the sufferer the judge of the value of
what he hath suffered; and permits him to estimate it; unless he
will be more severe。

36。 Let him that is the owner of an ox which pusheth with his
horn; kill him: but if he pushes and gores any one in the
thrashing…floor; let him be put to death by stoning; and let him
not be thought fit for food: but if his owner be convicted as
having known what his nature was; and hath not kept him up; let
him also be put to death; as being the occasion of the ox's
having killed a man。 But if the ox have killed a man…servant; or
a maid…servant; let him be stoned; and let the owner of the ox
pay thirty shekels (31) to the master of him that was slain; but
if it be an ox that is thus smitten and killed; let both the
oxen; that which smote the other and that which was killed; be
sold; and let the owners of them divide their price between them。

37。 Let those that dig a well or a pit be careful to lay planks
over them; and so keep them shut up; not in order to hinder any
persons from drawing water; but that there may be no danger of
falling into them。 But if any one's beast fall into such a well
or pit thus digged; and not shut up; and perish; let the owner
pay its price to the owner of the beast。 Let there be a
battlement round the tops of your houses instead of a wall; that
may prevent any persons from rolling down and perishing。

38。 Let him that has received any thing in trust for another;
take care to keep it as a sacred and divine thing; and let no one
invent any contrivance whereby to deprive him that hath intrusted
it with him of the same; and this whether he be a man or a woman;
no; not although he or she were to gain an immense sum of gold;
and this where he cannot be convicted of it by any body; for it
is fit that a man's own conscience; which knows what he hath;
should in all cases oblige him to do well。 Let this conscience be
his witness; and make him always act so as may procure him
commendation from others; but let him chiefly have regard to God;
from whom no wicked man can lie concealed: but if he in whom the
trust was reposed; without any deceit of his own; lose what he
was intrusted withal; let him come before the seven judges; and
swear by God that nothing hath been lost willingly; or with a
wicked intention; and that he hath not made use of any part
thereof; and so let him depart without blame; but if he hath made
use of the least part of what was committed to him; and it be
lost; let him be condemned to repay all that he had received。
After the same manner as in these trusts it is to be; if any one
defraud those that undergo bodily labor for him。 And let it be
always remembered; that we are not to defraud a poor man of his
wages; as being sensible that God has allotted these wages to him
instead of land and other possessions; nay; this payment is not
at all to be delayed; but to be made that very day; since God is
not willing to deprive the laborer of the immediate use of what
he hath labored for。

39。 You are not to punish children for the faults of their
parents; but on account of their own virtue rather to vouchsafe
them commiseration; because they were born of wicked parents;
than hatred; because they were born of bad ones。 Nor indeed ought
we to impute the sin of children to their fathers; while young
persons indulge themselves in many practices different from what
they have been instructed in; and this by their proud refusal of
such instruction。

40。 Let those that have made themselves eunuchs be had in
detestation; and do you avoid any conversation with them who have
deprived themselves of their manhood; and of that fr

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