Commentaries on the rest of the Bible (~45 volumes)

1. Thou shalt not see thy brother's ox or his sheep go astray, and hide thyself from them: thou shalt in any case bring them again unto thy brother.

1. Non videbis bovem fratris tui aut pecudem errantes, et abscondes te ab eis: reducendo reduces ad fratrem tuum.

2. And if thy brother be not nigh unto thee, or if thou know him not; then thou shalt bring it unto thine own house, and it shall be with thee until thy brother seek after it, and thou shalt restore it to him again.

2. Etiam si non fuerit frater tuus propinquus tibi, neque noveris eum, colliges tamen illos in domum tuam, et erunt tecum donec requirat frater tuus ut restituas ei.

3. In like manner shalt thou do with his ass, and so shalt thou do with his raiment; and with all lost thing of thy brother's, which he hath lost, and thou hast found, shalt thou do likewise: thou mayest not hide thyself.

3. Sic facies de asino ejus, sic facies de vestimento ejus, sic facies de omni re amissa fratris tui quae perierit ab ipso: si inveneris eam, non occultabis te.

4. If thou meet thine enemy's ox or his ass going astray, thou shalt surely bring it back to him again.

4. Si occurreris bovi inimici tui, et asino ejus erranti, reducendo reduces ad illum.

Exodus 23:4. If thou meet thine enemy's ox. From these two passages it is very clear that he who abstains from evil doing, is not therefore guiltless before God, unless he also studies to do good. For our brethren's advantage ought to be so far our care, that we should be disposed mutually to aid each other as far as our means and opportunities permit. This instruction is greatly needed; because, whilst everybody is more attentive to his own advantage than he ought to be, he is willing to hold back from the assistance of others. But God brings him in guilty of theft who has injured his neighbors by his negligence; and justly, because it depended only upon him that the thing should be safe, which he knowingly and willfully suffered to perish. This duty, too, is extended even to enemies; wherefore our inhumanity is the more inexcusable, if we have not helped our friends. The sum therefore is, that believers should be kind,¹ that they may imitate their heavenly Father; and should not only bestow their labor upon the good, who are worthy of it, but should treat the unworthy also with kindness: and since many might invent means of subterfuge, God anticipates them, and commands that the beast of a person unknown should be kept until reclaimed by its owner; and lays down the same rule as to all things that may be lost.

5. And the Lord spoke unto Moses, saying,

5. Loquutus est Jehova ad Mosen, dicendo:

6. Speak unto the children of Israel, when a man or woman shall commit any sin that men commit, to do a trespass against the Lord, and that person be guilty;

6. Alloquere filios Israel, Vir sive mulier quum fecerint ex omnibus peccatis hominum, transgrediendo transgressione in Jehovam, et deliquerit anima illa:

7. Then they shall confess their sin which they have done: and he shall recompense his trespass with the principal thereof, and add unto it the fifth part thereof, and give it unto him against whom he hath trespassed.

7. Fatebuntur peccatum suum quod fecerunt: et restituet delictum suum in solidum, et quintam ejus partem superaddet, dabitque ei in quem peccaverit.

5. And the Lord spoke unto Moses. Although at the outset He seems to include all trespasses, yet we gather from the context that the precept only refers to things stolen or fraudulently withheld, that he, who is conscious of his guilt, should make reparation. It must be observed, however, that the law relates to more secret thefts, which are not usually brought to justice: and on this account it is said, "If they have committed any sin after the manner of men, they must not seek for subterfuge from ordinary use and custom." Although, therefore, they may have many companions, God declares that this will not avail for their excuse; and consequently commands them voluntarily to restore what they have fraudulently or wrongfully appropriated. He will treat hereafter of the punishment of theft; He now only prescribes that, although no one shall bring the guilty parties to justice, and their crime may not be discovered, still they should diligently examine their consciences, and themselves ingenuously declare the secret transgression; and also make compensation for the loss conferred, since, without restitution, their confession would be but illusory. I now pass over what Moses adds, that, if no heir exists to whom the stolen goods may be restored, they should offer it to the priest, because I have already expounded it: except that we gather frost thence, that a contamination is contracted by fraud and rapine, which is never purged unless the house is well cleared of the ill-gotten gain. But this offering was treated of amongst the laws of the priests:² now, with respect to the restitution, we must consider that the fifth part was superadded, not so much in order that he, who had suffered the loss, should be enriched, as that all should diligently beware of every offense, which they hear not only to be useless to themselves, but also to be productive of loss. Besides, when a man has been robbed, it is often of more consequence than this additional fifth part, that he should have been deprived of the use of his property.

8. And thou shalt take no gift: for the gift blindeth the wise, and perverteth the words of the righteous.

8. Ne accipias munus: quia munus excaecat videntes, et pervertit verba justorum.

15. Ye shall do no unrighteousness in judgment; thou shalt not respect the person of the poor, nor honor the person of the mighty: but in righteousness shalt thou judge thy neighbor.

15. Non facies iniquitatem in judicio, non suscipies faciem pauperis, neque honorabis causam magni: in justitia judicabis proximum tuum.

Exodus 23:8 And thou shalt take no gift. This kind of theft is the worst of all, when judges are corrupted either by bribes, or by affection, and thus ruin the fortunes which they ought to protect: for, since their tribunal is as it were sacred asylum, to which those who are unjustly oppressed may fly, nothing can be more unseemly than that they should there fall amongst robbers.³ Judges are appointed to repress all wrongs and offenses; if therefore they show favor to the wicked, they are harborers of thieves; than which there is no more deadly pest. And besides, since their authority excludes every other remedy, they are themselves like rob-hers with arms in their hands. The greater, therefore, their power of injury is, and the greater the damage committed by their unjust sentences, the more diligently are they to be warned to beware of iniquity; and thus it was necessary to keep them in the path of duty by special instructions, lest they should conceal and encourage thievery by their patronage. Now, as avarice is the root of all evils, when it thus lays hold of the minds of judges, no integrity can continue to exist. But, since all utterly condemn this vice, even though they may be entirely under its influence, God speaks of it the more plainly and popularly, enjoining that judges should withhold their hands from every gift: for there is no more fatal poison for the extinction of all uprightness, than when a judge suffers himself to be cajoled by gifts. Let those who accept gifts allege as much as they please that they still maintain their integrity, the fact itself clearly shows that they are venal, and seek their own pecuniary advantage when they are thus attracted by gain. Formerly it was enough to render judges infamous that they were called nummarii, (moneyers.)⁴ But it is superfluous to treat any further of this matter, since God cuts off all handles for subterfuge in a single sentence: "for gifts (He says) blind the eyes of him that seeth, and pervert the judgment of the righteous." If, then, we acquiesce in His decision, there is no light of intelligence so bright but that gifts extinguish it, nor any probity so great but that they undermine it; in fact, gifts infect a sound mind before they soil the hand; I mean those which a person receives in reference to the judgment of a cause; for there is no question here as to those gifts of mutual kindness which men reciprocate with each other. Thus, in the passage from Deuteronomy 16, before God speaks of gifts, He forbids that justice should be wrested., or men's persons respected: whence we gather, that only those snares are condemned which are set to curry favor. It must be observed on the passage from Leviticus, that to judge in righteousness is contrasted with respecting the person: and consequently, as soon as the judge turns away his eyes ever so little from the cause itself, he forgets equity. Moreover, to wrest judgment is equivalent to doing iniquity in judgment; but since injustice is not always openly manifested, but rather disguised by various artifices, after God in Leviticus has condemned corrupt and unjust judgments, He uses this word to wrest (inclinandi), in Deuteronomy, in order to dissipate all vain pretexts.

19. Thou shalt not wrest judgment; thou shalt not respect persons, neither take a gift: for a gift doth blind the eyes of the wise, and pervert the words of the righteous.

19. Non inflectes judicium, non agnosces personam, neque capies munus: quia munus excaecat oculos sapientum, et pervertit verba justorum.

20. That which is altogether just shalt thou follow, that thou mayest live, and inherit the land which the Lord thy God giveth thee.

20. Justitiam, justitiam sequeris, ut vivas, et possideas terram quam Jehova Deus tuus dat tibi.

20. That which is altogether just⁵ By an emphatic repetition God inculcates that judges should study equity with inflexible constancy; nor is this done without cause, for nothing is more likely to happen than that men's minds should be clouded by favor or hatred. Besides there are so many quibbles whereby justice is perverted, that, unless judges are very cautious in watching against deception, they will often find themselves ensnared.

3. Neither shalt thou countenance a poor man in his cause.

3. Pauperem non honorabis ex sua causa.

6. Thou shalt not wrest the judgment of thy poor in his cause.

6. Non inflectes judicium pauperis tui in lite ejus.

6. Thou shalt not wrest the judgment of thy poor. Since laws are enacted to repress the vices which are of frequent occurrence, no wonder that God should put forward the case of the poor, to whom it often happens that they fail though their causes are good, both because they are without interest and are exposed to injury through the contempt in which they are held, and also because they cannot contend with the rich in incurring expense. Justly, then, is provision made for their inferiority, lest the iniquity of judges should rob them of the little they possess. But the other point here referred to might appear superfluous, viz., that judges should not favor the poor, which very rarely takes place. It would also be incongruous that what God elsewhere prescribes and praises should here be reprehended. I reply, that rectitude is so greatly pleasing to God, that the judge would in no wise be excusable, under whatever pretext he might decline from it ever so little, and that this is the intention of this precept. For, although the poor is for the most part tyrannically oppressed, still ambition will sometimes impel a judge to misplaced compassion, so that he is liberal at another's expense. And this temptation is all the more dangerous, because injustice is done under the cloak of virtue. For, if a judge only directs his attention to the poverty of the litigant, a foolish fear will at the same time insinuate itself lest his sentence should ruin the man whom he would wish to save; thus he will award to the one what belongs to the other. Sometimes the temerity, audacity, and obstinacy of the poor in commencing and prosecuting suits is greater than that of the rich; and when they despair of their cause, they are sure to have recourse to tears and lamentations, by which they deceive incautious judges, who, forgetful of the cause itself, only consider how their misery and want is to be relieved. Besides, too, whilst they think little of the rich man's loss, because he can easily bear it, they make no scruple of declining from equity in favor of the poor. But hence it better appears how greatly God is offended by the oppression of the poor, when He will not have even them befriended to the injury of the rich.

1. If a man shall steal an ox, or a sheep, and kill it, or sell it; he shall restore five oxen for an ox, and four sheep for a sheep.

1. Quum furatus fuerit quis bovem aut pecudem, et jugulaverit, aut vendiderit, quinque boves reddet pro illo bove, et quatuor pecudes pro pecude illa:

2. If a thief be found breaking up, and be smitten that he die, there shall no blood be shed for him.

2. (Si in effossione inventus fuerit fur, et percussus fuerit, et inde mortuus, non erit ei in sanguinem.

3. If the sun be risen upon him, there shall be blood shed for him; for he should make full restitution: if he have nothing, then he shall be sold for his theft.

3. Si ortus fuerit sol super eum, erit ei in sanguinem:) reddendo reddet: si non sit ei, vendetar propter furtum suum.

4. If the theft be certainly found in his hand alive, whether it be ox, or ass, or sheep, he shall restore double.

4. Si deprehendatur in manu ejus furtum a bove usque ad asinum, usque ad pecudem: viva duo reddet.

Thus far God has proclaimed Himself the avenger of iniquities, and, citing thieves before His tribunal, has threatened them with eternal death. Now follow the civil laws, the principle of which is not so exact and perfect; since in their enactment God has relaxed His just severity in consideration of the people's hardness of heart.

What God formerly delivered to His people the heathen legislators afterwards borrowed. Draco, indeed, was more severe, but his extreme rigor became obsolete by the silent consent of the people of Athens; and the Decemvirs borrowed from Solon part of their law, which they published in the ten tables, although there were some variations in the distinction of the double or quadruple restitution, and in process of time other alterations were afterwards made. But if all things be duly considered, it will be found that both Solon and the Decemvirs have made a change for the worse, wherever they have varied from the law of God. First of all, no distinction⁶ is here made, such as the Roman laws decree, between manifest thieves and those that are not manifest; for by them the thief not manifest is condemned to a double amend, and the manifest to quadruple; and he is called a manifest thief who is caught before he has carried what he has stolen to the place of its destination. I suppose that the awarders of the punishment had this point in view, that the wickedness of that person was the more egregious who was so greedily and anxiously set on his prey as not to be afraid of disgrace; and undoubtedly he who has no fear of shame is more audacious ill sin. But, on the contrary, God condemns to a double amend those upon whom the stolen goods were found; and to quadruple, those who had killed or sold it; and deservedly so, because greater obstinacy in crime betrays itself where the theft is turned to profit, nor is there any hope of repentance; and thus by this further process the crime of dishonesty is doubled. It might be that, immediately after the offense, the thief should be alarmed; but he who had dared to kill the stolen animal or to sell it, is altogether hardened in his sin. Besides, the more difficult its investigation is, the greater is the punishment which a misdemeanor deserves. Meanwhile, it is to be remembered, that the pecuniary fine imposed upon thieves did not free them from guilt; for, as Marcellus says,⁷ not even the president of a province can bring it to pass, that infamy should not pursue a man condemned of theft; and there was no need of establishing by law that in which all by nature are agreed. Thus, when God punished thieves by a fine, He left them still marked by infamy. I know not whether they⁸ assign the true cause why he who had stolen an ox is fined to a larger amount than he who had stolen a goat, or sheep, or other cattle, who say that the loss of the owner is taken into account to whom the labor of the ox is especially useful in agriculture; for what is said as to an ox I extend to cows and the whole herd. Those seem to come nearer to the truth who say the audacity of the thief is punished who, when he stole the larger animal, did not fear being observed by witnesses; yet it seems to me more likely that the different sentence depended on the price of the article; for assuredly it is more reasonable that he who has done the most harm should be exposed to the greater punishment.

2. If a thief be found breaking up. This clause is to be taken separately, and is inserted by way of parenthesis; for, after having decreed the punishment, God adds in connection, "he should make full restitution; if he have nothing, then he should be sold for his theft;" and this exception as to the thief in the night is introduced parenthetically. But although the details are not expressed with sufficient distinctness, still the intention of God is by no means ambiguous, viz., that if a thief should be killed in the dark, his slayer should be unpunished; for he can then hardly be distinguished from a robber, especially when he proceeds with violence; because he cannot enter another man's house by night without either digging through a wall or breaking down a door. The Twelve Tables⁹ differ slightly from this; for they permit the killing of a thief by night, and also by day if he should defend himself with a weapon. But, since God had sufficiently repressed by other laws murders and violent assaults, He is silent here respecting robbers who use the sword in their attempts at plunder. He therefore justly condemns to death those who have avenged by murder a theft in open day.

3. He should make full restitution. These words, as I have said, are connected with the first verse, since here the execution of the punishment is only enjoined; as if God forbade thieves to be spared, but that they should pay either twofold or quadruple, or even quintuple, according to the measure of their crime. But, if they were unable to pay, He commands them to be sold as slaves, which also was the custom at Rome. Whence the saying of Cato,¹⁰ "that private thieves lived in bonds and fetters, but public ones in gold and purple." And since this condition was a harsh one, a caution is expressly given, that they were not to be absolved on the score of their poverty. If any one should ask whether it was lawful for the owner of the thing stolen to recover double or quadruple its value, I answer, that what God awards, a man has the best of rights to; meanwhile, in equity men were bound to take care that they did not grow rich at the expense of others, but rather were they to apply whatever they gained to pious and holy uses.

5. If a man shall cause a field or vineyard to be eaten, and shall put in his beast, and shall feed in another man's field; of the best of his own field, and of the best of his own vineyard, shall he make restitution.

5. Si depasci fecerit quispiam agrum aut vitem, et immiserit jumentum suum ut depasceretur agrum alterius: bonum agri ejus et bonum vineae ejus restituet.

6. If fire break out, and catch in thorns, so that the stacks of corn, or the standing corn, or the field, be consumed therewith; he that kindled the fire shall surely make restitution.

6. Quum egressus fuerit ignis, et invenerit spinas: absumptusque fuerit acervus, vel seges, vel ager, reddendo redder qui ignem accendit, rem combustam.

7. If a man shall deliver unto his neighbor money or stuff to keep, and it be stolen out of the man's house; if the thief be found, let him pay double.

7. Quum dederit quispiam proximo suo argentum, vel vasa ad custodiendum, et furto ablatum fuerit e domo viri illius: si inventus fuerit fur, reddet duplum.

8. If the thief be not found, then the master of the house shall be brought unto the judges, to see whether he have put his hand unto his neighbor's goods.

8. Si non inventus fuerit fur, tunc applicabitur dominus domus ad judices, annon miserit manum suam in substantiam proximi sui.

9. For all manner of trespass, whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing, which another challengeth to be his, the cause of both parties shall come before the judges; and whom the judges shall condemn, he shall pay double unto his neighbor.

9. Super omni causa praevaricationis, super bove, super asino, super pecude, super vestimento, super omni re amissa: quum dixerit quispiam hoc esse, usque ad judices veniet causa utriusque: et quem damnaverint judices, is reddat duplum proximo suo.

10. If a man deliver unto his neighbor an ass, or an ox, or a sheep, or any beast, to keep, and it die, or be hurt, or driven away, no man seeing it:

10. Si dederit quispiam proximo suo asinum, vel bovem, vel pecudem, aut quodcunque animal ad custodiendum, et mortuum fuerit, aut contractum, aut ab hostibus captum nemine vidente.

11. Then shall an oath of the Lord be between them both, that he hath not put his hand unto his neighbor's goods; and the owner of it shall accept thereof, and he shall not make it good.

11. Juramentum Jehovae erit inter utrumque, annon miserit manum suam in substantiam proximi sui, et juramentum suscipiet dominus ejus, et non reddet.

12. And if it be stolen from him, he shall make restitution unto the owner thereof.

12. Quod si furto ablatum fuerit ei, reddet domino ejus.

13. If it be torn in pieces, then let him bring it for witness, and he shall not make good that which was torn.

13. Si vero rapiendo raptum fuerit, adducet ei testem: raptum non reddet.

14. And if a man borrow ought of his neighbor, and it be hurt, or die, the owner thereof being not with it; he shall surely make it good.

14. Si commodato acceperit quispiam a proximo suo, et confractum fuerit aut mortuum domino ejus absente, reddendo reddet.

15. But if the owner thereof be with it, he shall not make it good: if it be an hired thing, it came for his hire.

15. Si dominus ejus fuerit cum eo, non reddet: si conductum fuerit, veniens pro mercede sua.

9. For all manner of trespass. An action for theft is here permitted, but with a fine attached if any should rashly accuse his neighbor; for else it might be doubted when or for what reasons the restitution of double or quadruple was to be required. He therefore permits that if any one suspects another of theft, he should summon that person to plead his cause; and if he should prove his case, that he should recover double the thing lost; but if the judges should pronounce that he had brought his action groundlessly, that he, on the contrary, should pay the penalty of his false accusation. For such an action as this is not altogether a civil one, but carries with it the stain of infamy, and thus it would be unjust that a man should be injured by false suspicions whom the judges acquit of crime. The word used here for judges is 'lhym, elohim, which properly means gods, as being of the plural number; it is, however often used for God.¹¹ It is transferred to judges for the purpose of dignifying their office; because in it they represent the person of God, in whose hand alone is all dominion and power. Therefore Christ says they were called gods, because to them "the word of God came," (John 10:34,) i.e., that they should preside in His name, and be set over others, on which subject we treated under the Fifth Commandment.

5. If a man shall cause a field or vineyard to be eaten. This kind of fraud is justly ranked among thefts; viz., if any man shall have put in his beast to feed in another's field or vineyard. For if a person have made improper use of his servant to steal by him, he himself is deemed guilty of the offense, even although he may have touched nothing with his own hand; nor does he less do wrong who has given occasion of injury by means of a brute. Still, God restricts the punishment to a compensation of double the amount, because it cannot be certainly established that the master of the animal desired to effect the damage fraudulently and designedly; yet He requires the loss to be made up at the highest estimate of its value;¹² for thus I interpret "the goodness of his field and his vineyard," that the place having been examined, a liberal restitution shall be awarded to its owner, according to the utmost it would have probably produced in its greatest state of fertility.

6. If fire break out and catch in thorns. This injury is somewhat different from the foregoing, for he who kindles the fire is commanded to make good the damage done by him, although there may have been no willful intention to do harm. For the incendiary who had maliciously destroyed either a cornfield or a vineyard was to be far more severely punished; here, however, mere carelessness is punished. Although no mention is made either of house or barn, still the law includes all similar cases requiring compensation from him who had kindled a fire even in an open field. But it seems that such a person would be blameless, because he could not. foresee that the fire would ignite the thorns; yet, in order that every one should take as much care of the property of another as of his own, God commands him to suffer the penalty of his heedless or stupid negligence.

7. If a man shall deliver unto his neighbor money. It is here determined under what circumstances an action for theft would lie in case of a deposit, viz., if an inanimate thing, as a garment or furniture, be given ill charge, and the person with whom it is deposited should allege that it is stolen, God commands that, if the thief be discovered, he should pay double; but, if not, that an oath should be required of the man who declares that the thing has been stolen from him. But, if it be an animal that was given in charge, a somewhat different provision is made, viz., that if it have been violently carried away, or torn by beasts, the person with whom it was deposited should be free; but if it had been stolen, that he should make restitution. In order to understand the principle of this law, we must observe that depositaries are not to be compelled to do more than faith. fully preserve the thing entrusted to them; just as a prudent and careful father of a family is attentive to the preservation of his property. When they have acquitted themselves diligently in this respect, it would be unjust to require more, of them; otherwise, when they undertake the burden of this gratuitous office, their generosity would be an injury to themselves. But, since it is not so easy to steal an animal from the stall, or from the hands of the shepherd, the negligence of the shepherd betrays itself in the loss of the beast,¹³ supposing no violence to have been used. Justice, then, is done in both cases, i e., that the depository shall not make good a vessel, or money, or a garment, because this would be in a manner to put him in the place of the thief; but that if the animal be stolen he shall pay its price, unless he can cleat' himself of carelessness. If any should think that too great indulgence is shown to the depositary, when God would have the dispute terminated by his oath; the reply is easy, that we do not entrust anything to be kept by another, unless we are persuaded of his honesty. Whoever, then, has chosen a guardian for his property, has borne witness to his own prejudice that he is a good and trustworthy man; and consequently, it would be absurd that he should soon afterwards be involved in all accusation of theft without proof. Wherefore it was reasonable that God would have the owner of the lost goods acquiesce in the oath of him. whom he has considered to be his faithful friend. Besides, a man is altogether acquitted who clears himself by calling God to witness his innocence, unless any sinister suspicion is alleged against him, and provided he excuses himself on probable evidence.

10. If a man deliver unto his neighbor an ass. Since in the passage from whence I have taken these four verses, mention is made of a deposit, and Moses is professedly providing against frauds, and robberies, and thefts, I have thought it well to place them under this head. It has indeed some relation to the Third Commandment, because it shows the lawful use of an oath, viz., that in matters of concealment men should have recourse to the witness of God, and that, by the interposition of His sacred name, an end should be put to their strife. But, while the authority attributed to oaths depends on the reverence due to God, at the same time faith and piety are enforced in them,¹⁴ so that all things should correspond. I have, however, considered the main point, i e., how controversies as to things concealed should be brought to an end for the advancement of peace and equity. He would therefore have the depositary acquitted, if he swears that the animal entrusted to him is lost (either by death or violence,¹⁵) although lie should produce no witness of the matter, since it would be unjust that he should bear the blame, unless fraud, or some more palpable offense, have been committed by him. At the conclusion, then, it is said, "the owner of it shall accept" the oath, which is equivalent to saying, that lie shall be compelled to acquiesce, and shall give no more trouble about it. The expression, "an oath of the Lord shall be between them both," is a remarkable one, whereby the obligation and sanctity of an oath are enforced, whilst Moses reminds us that God is the author of this sacred mode of attestation, and presides over it as its judge and avenger.

Moses now lays down the law as to a borrowed animal, if it die, or be mutilated, or injured. There is, however, a wide distinction between a thing borrowed and a thing deposited, for he who lends confers a favor; and therefore, when a man borrows a thing, he binds himself to restore it in safety, as far as in him lies. A distinction, however, is made, if the owner himself of the animal be an eye-witness of the death or fracture, he shall bear the loss; but if the animal should die or be injured in his absence, its value is awarded to him. His presence is tantamount to this, as if it were said, if he shall have seen with his own eyes that the injury did not occur by the fault of him to whom he lent it, then he shall give him no trouble about it. For instance, if you have lent me a horse, and take the journey with me, although anything untoward should happen — supposing you are assured that it did not occur by my temerity, or negligence, or bad management, I am free, and exempt from loss.

What is here laid down as to a borrowed animal must be applied also to all other things borrowed.