Page:Works Translated by William Whiston.djvu/133

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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) 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