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Harmony of the Law - Volume 3

Leviticus

Leviticus 7:26-27

26. Moreover, ye shall eat no manner of blood, whether it be of fowl or of beast, in any of your dwellings.
26. Nullum sanguinem comedetis in cunctis habitationibus vestris, tam de avibus quam de jumentis.
27. Whatsoever soul it be that eateth any manner of blood, even that soul shall be cut off from his people.
27. Omnis anima quae comederit ullum sanguinem, excidetur anima illa e populis suis.

Leviticus 19:26

26. Ye shall not eat anything with the blood.
26. Non comedetis cum sanguine.

Deuteronomy 12:15. Notwithstanding thou mayest kill. What precedes I have introduced in its proper place, viz., that they should not kill the sacrifices anywhere but in the sanctuary, of which there was only one in Judea. Here the permission to eat meat is given, provided that they do not offer the animals to God, but eat of them as of wild beasts. By way of example, two kinds are mentioned, the roe-buck and the hart, of which no offering was made. They are, therefore, freely allowed to eat meat wheresoever they pleased, with this exception, that they should not taste the blood; for, although this was observed by their forefathers before the giving of the Law, God ratifies it anew when He would gather a peculiar people to Himself. We know that immediately after the deluge, Noah and his posterity were commanded to abstain from blood; but, inasmuch as the greater part of mankind soon degenerated, it is probable that all nations neglected God's command, and permitted to themselves a universal license on this point; and it is even questionable whether this observance, which was everywhere fallen into desuetude, prevailed among the family of Shem. Certainly it may be conjectured from the renewed promulgation of the law, that it was altogether obsolete; at any rate, God would have His chosen people distinguished by this mark of separation from heathen nations.

The reason of the prohibition which is now mentioned had already been declared,1 viz., because the blood is the seat of life. But although it, was allowable to kill an animal for food, yet, was it a useful restraint to prevent inhumanity, that they should not touch the blood; for if they abstained from the blood of beasts, much more necessary was it to spare human blood. After God, therefore, has forbidden blood to be eaten, He immediately proceeds to speak of men themselves: "Whose sheddeth man's blood, by man shall his blood be shed: for in the image of God made he man."2 (Genesis 9:4-6.) Hence I have deemed it appropriate to annex all the passages in which God commands the people to abstain from blood, to the Sixth Commandment. In itself, indeed, the eating of blood was a thing of no great importance: since, therefore, God so often inculcates a point of so little weight, it may be inferred that the law has some further object. To this may be added the severity of the punishment, for surely it was not a crime worthy of death to taste the blood of some little bird; and hence, also, it is manifested that the prohibition had another meaning, viz., that cruelty might be abhorred. And the words of Moses show that the eating of blood is not forbidden because it infected man with its uncleanness, but that they might account the life of man to be precious; for it is said, "the blood is the life," which, in the opinion of Augustine,3 is equivalent to its being "the sign of life;" but Moses rather means that animal life is contained in the blood. Wherefore, blood, which represents the life, was not interdicted without reason, nor was it only sinful to eat the blood by itself, but also together with the flesh, as is expressly declared both in Deuteronomy and in the last passage from Leviticus.

23. Only be4 sure that thou eat not. It is not without cause that he earnestly exhorts them to inflexible firmness, because it was both a matter trifling in appearance, and its observation troublesome, whilst it was easy to decline from it on account of the universal example of the Gentiles. For if they considered within themselves that it contributed not to holiness that they should not touch blood, hence a snare to indulgence might easily have arisen.

Leviticus 17:10-14

10. And whatsoever man there be of the house of Israel, or of the strangers that sojourn among you, that eateth any manner of blood; I will even set my face against that soul that eateth blood, and will cut him off from among his people.
10. Quicunque e domo Israel, et e peregrinis qui peregrinantur in medio eorum, comederit ullum sanguinem, ponam faciem meam in animam quae comederit sanguinem, et excidam eam e medio populi sui.
11. For the life of the flesh is in the blood; and I have given it to you upon the altar, to make an atonement for your souls: for it is the blood that maketh an atonement for the soul.
11. Quia anima carnis in sanguine est: ego autem dedi illum vobis super altare ad expiandum animus vestras, quia sanguis animam expiabit.
12. Therefore I said unto the children of Israel, No soul of you shall eat blood, neither shall any stranger that sojourneth among you eat blood.
12. Ideo dixi filiis Israel, Nulla anima ex vobis comedet sanguinem, et peregrinus qui pregrinatur in medio vestri non comedet sanguinem.
13. And whatsoever man there be of the children of Israel, or of the strangers that sojourn among you, which hunteth and catcheth any beast or fowl that may be eaten; he shall even pour out the blood thereof, and cover it with dust.
13. Et quicunque e filiis Israel, et e peregrinis qui peregrinantur in medio eorum, venatus fuerit venationem bestiae vel avis quae comeditur, effundet sanguinem ejus et cooperiet pulvere.
14. For it is the life of all flesh; the blood of it is for the life thereof: therefore I said unto the children of Israel, Ye shall eat the blood of no manner of flesh: for the life of all flesh is the blood thereof; whosoever eateth it shall be cut off.
14. Quia anima cujusque carnis, sanguis ejus est in anima: dixique filiis Israel, Sanguinem cujuscunque carnis non comedetis, quia anima cujusque carnis est sanguis ejus: quicunque comederit illum, excidetur.

10. And whatsoever make there be of the house of Israel. God here not only condemns to death whosoever shall have polluted themselves by eating of blood, but declares that He will Himself take vengeance on them, though they may escape from the hands of the judges; for He not only prescribes to the judges what it is right for them to do, but asserts for Himself the office of inflicting the punishment. For, if we consider the intention of the Law, is there anything to surprise us in this; for although it be not consistent that the blood of a brute should be compensated for by the death of a man, still we must remember that this mode of instruction5 was necessary for a rude people, lest they should speedily lapse into barbarism. But, lest they should complain that no use remained for the blood, He reminds them that since it was given for atonement, they would be very ungrateful if they were not content with so great a blessing; and surely, since it was the price they were to pay for appeasing God, this was an employment of it far to be preferred to food. If, then, they desired to exchange into ordinary food the blood, which was destined to the altar for the reconciliation of God, Moses indirectly reproves their ingratitude; for when God took away the right of eating it, He left them something better, which should have abundantly satisfied them. But we have elsewhere6 seen in what manner blood atones for souls, i e., in a sacramental manner, upon which it must be observed that what properly belongs to Christ is thus transferred by metonomy to figures and symbols, yet in such a way that the similitude should neither be empty nor inefficacious; for in so far as the fathers apprehended Christ in the external sacrifices, atonement was truly exhibited in them. In this passage also, I do not understand "the strangers" to be all such visitors as may have journeyed amongst them on matters of business, but those who had devoted themselves to the worship of God; for many foreigners, abandoning their superstitions, were circumcised, and it behooved that such as these should be expressly laid under the bonds of the Law, lest, if it had not referred to them, they should have withdrawn themselves from obeying it. This point must, therefore, be briefly adverted to, lest we should suppose that heathen sojourners were prohibited from the eating of blood, whereas they were allowed to buy for food7 even flesh that had been torn by beasts.

Since, however, the Patriarchs before the Law had abstained from blood, and its prohibition had no reference to the First Table or the legal service, hence it came to pass that when the Apostles abrogated the ceremonial law, they did not dare to allow immediately the free eating of blood, lest great scandal should arise from this new and unwonted thing. (Acts 15:20.) Wherefore, lest so trifling a matter should cause deadly schisms in the Churches, they commanded the Gentiles not to eat of blood; adding as the reason, that those who were accustomed to read the writings of Moses, would be disturbed at this innovation; yet this was only observed for a short period, as we gather from Paul.8 It was, not without superstition and misplaced zeal;. retained by some even to the days of Tertullian.

Leviticus 24:17, 19-22

17. And he that killeth any man shall surely be put to death.
17. Qui percusserit animam hominis, morte moriatur.
19. And if a man cause a blemish in his neighbor; as he hath done, so shall it be done to him;
19. Vir qui intulerit maculam proximo suo, secundum quod fecit sic fiat ei.
20. Breach for breach, eye for eye, tooth for tooth as he hath caused a blemish in a man, so shall it be done to him wain
20. Fracturam pro fractura, oculum pro oculo, dentem pro dente: sicut intulerit maculam hominis, sic inferetur ei.
21. And he that killeth a beast, he shall restore it; and he that killeth a man, he shall be put to death.
21. Qui percusserit animal reddet illud: qui vero percusserit hominem, moriatur.
22. Ye shall have one manner of law, as well for the stranger, as for one of your own country: for I am the Lord your God.
22. Judicium unum erit vobis, sicut peregrinus sic et indigena erit: quia ego Jehova Deus vester.

17. And he that killeth any man. We now proceed to the confirmation of the Sixth Commandment afforded by the Judicial Law; and first, the punishment of death is awarded to murderers. To "smite the life"9 is equivalent to wounding mortally, so that death ensues, as Moses more clearly explains himself in Exodus. But although he speaks briefly, like a legislator, there is no doubt but that he would have those whom he adjudges to die put to death by the sentence of the judges; the manner of executing the punishment we shall see in its proper place. Now although God did not carry out to absolute perfection the laws which He enacted, yet in their principle He desired that a clear and unreserved approval of His Commandments should appear. And this was the reason why I commenced with this passage, because it directly corresponds with the Sixth Commandment.10

19. And if man cause a blemish in his neighbor, he now also subjects to punishment those who shall have mutilated the body of their neighbor by blows; and this was necessary, because otherwise every very great villain, who might be accomplished in the art of inflicting injury, would have broken his brother's leg or arm, and then would not only have laughed at the poor man himself, but also at God and His Law. If, therefore, a person had injured a member of another, the law of retaliation is enacted, which has also been in use among other nations.11 But God thus distinctly prescribes when and how the injury was to be retaliated, that the law might not be open at all to the foolish cavils with which Favorinus attacks the law of the Twelve Tables in Gellius. And certainly the words of the Decemvirs were too obscure, "Si membrum fregeris meum, ex pacto talio est." (If you have broken my limb; without agreement made, there must be retaliation.) But God does not command an eye to be plucked out for an eye, or a tooth for a tooth, till He has set forth that this was only to be the case if any one had knowingly and willfully inflicted the injury; thus, He does not bring to justice accidental blows, but only a premeditated crime. It is vain to object that the members of different persons can hardly be broken with exact. equality, for the intention of God was none other than that, being alarmed by the severity of the punishment, men should abstain from injuring others; and therefore these two things were connected together, If one killeth a man, let him die, and if one hath taken away a part of life, let him suffer a similar privation. And the same is the tendency of the distinction, that the loss of an animal may be repaid, but that if a man be killed, there could be no just compensation made by money.

22. Ye shall have one manner of law. That the people of Israel, with their usual arrogance, might not suppose the race of Abraham only to be privileged, the Law is extended also to foreigners; and thus God shows that the whole body of the human race are under His care, so that He would not have those that are farthest off exposed to the licentious violence of the ungodly. In other points tie provided special privileges for His elect people; but here, because He created all men without exception after His own image, He takes them under His care and protection, so that none might injure them with impunity.

Notes

  1. See on Leviticus 3:17, vol. 2, p. 335, whence, however, he refers to Genesis 9:4. C. Society's edition, vol. 1, p. 293. ↩
  2. Lat. "Qui effuderit sanguinem hominis in homine;" he who shall have shed the blood of man in man. — Vide C. in loco. ↩
  3. Quaest. in Leviticum, 57 Section 2. "Illud appellatur anima, quod significat animam." — Edit. Benedict. tom. 3, p. 1 pag. 516. ↩
  4. Lat., "Roberare." Margin, A. V., "Heb., Be strong." ↩
  5. "Hanc paedagogiam." — Lat. "Ceste doctrine puerile." — Fr. ↩
  6. See on Exodus 12:21, ante vol. 1 p. 221. ↩
  7. See on Deuteronomy 14:21, ante vol. 2, p. 69. ↩
  8. There is no reference here in the Latin, but the Fr. is, "comme il se peut recueillir par ce que Sainct Paul en escrit aux Corinthiens;" as may be gathered from what St. Paul writes respecting it to the Corinthians. In C.'s Commentary on the Acts, 15:28, he says, "We know that this law was foredone by Paul, so soon as the tumult and contention was once ended, when he teacheth that nothing is unclean, (Romans 14:14,)and when he granteth liberty to eat all manner of meats, yea, even such as were sacrificed to idols. (1 Corinthians 10:25.)" — C. Society's edit., vol. 2, p. 79. Tertullian, Apol., cap. 9, speaks as follows; "Erubescat error vester Christianis, qui ne animalium quidem sanguinem in epulis esculentas habemus, qui propterea quoque suffocatis et morticinis abstinemus, ne quo modo sanguine contaminemur, vel intra viscera sepulto." See Bingham, book 17 ch. 5 sec. 20 "But on the other hand, because it was the custom of the Catholic Church, almost to the time of St. Austin, to abstain from eating of blood, in compliance with the rule given by the Apostles to the Gentile converts; therefore, by the most ancient laws of the Church, all clergymen were obliged to abstain from it under pain of degradation. This is evident from the Apostolical Canons, and those of Gangra, and the second Council of Orleans, and the Council of Trullo. But as this was looked upon by some only as a temporary injunction, so it appears from St. Austin that it was of no force in the African Church. (Contra Faust., lib. 32, c. 13.) He that would see more about it may consult Curcellaeus, who has written a large dissertation upon the subject." ↩
  9. See margin of A. V. ↩
  10. Lat., "quia praecepto respondet quasi antisrophos." ↩
  11. This is the earliest account we have of the Lex Talionis, or law of like for like, which afterwards prevailed among the Greeks and Romans. Among the latter it constituted a part of the Twelve Tables, so famous in antiquity; but the punishment was afterwards changed to a pecuniary fine, to be levied at the discretion of the Praetor. It prevails less or more in most civilized countries, and is fully acted upon in the Canon Law in reference to all calumniators: "Clumniator, si in accusatione defecerit, talionem recipiat." Nothing, however, of this kind was left to private revenge; the magistrate awarded the punishment when the fact was proved. Otherwise the Lex Talionis would have utterly destroyed the peace of society, and have sowed the seeds of hatred, revenge, and all uncharitableness." — Adam Clarke on Exodus 21:24. The enactment of the Twelve Tables to this effect appears from Festus to have been the following: "Si merebrum rupsit, (ruperit,) ni cum eo pacit, (paciscetur,) talio est;" presenting a singular coincidence with the Mosaic provision. See Aul. Gell., lib. 20 c. 1, where the words are given somewhat differently, as in C.'s text. The objection of Favorinus is that it was impossible to be kept; for if the like were inflicted for the like, as one wound for another, they must take care that the like wound in every respect should be made, neither longer nor deeper; if it were, then a new retaliation must arise, and so ad infinitum. ↩
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