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Harmony of the Law - Volume 3

Leviticus

Leviticus 24:18, 21

18. And he that killeth a beast shall make it good; beast for beast.
18. Qui percusserit animam animalis, restituet illud: animam pro anima.
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.

God here prescribes, that whosoever has inflicted a loss upon another shall make satisfaction for it, although he may not have turned it to his own profit; for in respect to a theft, its profit is not to be considered, but the intention to injure, or other cause of guilt; for it might happen that he who has killed another's ox should not deliberately desire to do him an injury, but in a fit of passion, or from unpremeditated impulse, should nevertheless have inflicted loss upon him. In whatever way, therefore, a man should have committed an offense, whereby another is made poorer, he is commanded to make good the loss. Whence it is clear, that whosoever do not so restrain themselves as to care for a neighbor's advantage as much as for their own, are accounted guilty of theft before God. The object, however, of the law is, that no one should suffer loss by us, which will be the case if we have regard to the good of our brethren.

Exodus

Exodus 21:33-36

33. And if a man shall open a pit, or if a man shall dig a pit, and not cover it, and an ox or an ass fall therein;
33. Quum aperuerit quis cisternam, vel foderit quis cisternam, et non cooperuerit eam: cecideritque illuc bos vel asinus:
34. The owner of the pit shall make it good, and give money unto the owner of them; and the dead beast shall be his.
34. Dominns cisternae reddet pecuniam, et restituet domino ejus: et quod mortuum est, erit illius.
35. And if one man's ox hurt another's, that he die; then they shall sell the live ox, and divide the money of it; and the dead ox also they shall divide.
35. Si percusserit bos alicujus bovem proximi sui, mortuusque fuerit, tunc vendet bovem vivum, et partientur pretium ejus: mortuum quoque partientur.
36. Or if it be known that the ox hath used to push in time past, and his owner hath not kept him in; he shall surely pay ox for ox; and the dead shall be his own.
36. Quod si notum fuerit bovem esse cornupetam ab heri et nudiustertius, et non custodierit eum dominus ejus, reddendo reddet bovem pro bove, et mortuus erit illius.

33. And if a man shall open a pit He enumerates still more cases of damage inflicted, in which restitution is to be demanded of the person who gave occasion for the occurrence. First, it is said, If a man shall open a pit, or cistern, and not cover it, and an animal shall fall into it, he is bound to pay its value; and justly, since his carelessness approaches to actual guilt. Here, again, we see how God would have all men to be anxious for their neighbor's advantage; yet, inasmuch as there was no fraud or malice in the case, he is permitted, after paying its price, to appropriate the carcass to himself. But, if one man's ox should be killed by another's, a most just appointment is made, viz., that, if it happened unexpectedly, and by sudden accident, they should divide the dead ox between them, and, having sold the other, each should take half the price; but if the ox was a savage one, that its owner should undergo a greater penalty by paying its full price; because he ought to have anticipated the mischief, and thus was scarcely so kind as he should have been, giving occasion to the injury.

Deuteronomy

Deuteronomy 23:24, 25

24. When thou comest into thy neighbor's vineyard, then thou mayest eat grapes thy fill at thine own pleasure; but thou shalt not put any in thy vessel.
24. Quum ingressus fueris vineam proximi tui, comedes uvas pro desiderio tuo ad satietatem tuam: at in vase tuo non pones.
25. When thou comest into the standing corn of thy neighbor, then thou mayest pluck the ears with thine hand; but thou shalt not move a sickle unto thy neighbor's standing corn.
25. Quum ingressus fueris segetem proximi tui, decerpes spicas manu tua: at falcem non attolles in segetem proximi tui.

Since God here concedes a great indulgence to the poor, some restrict it to the laborers in the harvest and vintage,1 as if He permitted them to pluck the ears of corn and grapes with their hands for food alone, and not to carry away. I have no doubt, however, that it refers to all persons, and that no greater license is given than humanity demands. For we must not strain the words too precisely, but look to the intention of the Lawgiver. God forbids men to introduce a sickle into the harvest of another; now, if a man should pluck with his hands as many ears of corn as he could carry on his shoulders, or lay upon a horse, could he excuse himself by the puerile explanation that he had not used a sickle? But, if common sense itself repudiates such gross impudence, it is plain that the Law has another object, viz., that no one should touch even an ear of another man's harvest, except for present use, which occurred to Christ's disciples, when they were compelled by hunger to rub the ears of corn in their hands, lest they should faint by the way. (Matthew 12:1.) The same view must be taken as to grapes. If any man deliberately breaks into another's vineyard and gorges himself there, whatever excuse he may make, he will be accounted a thief. Wherefore, there is no doubt but that this Law permits hungry travelers to refresh themselves by eating grapes, when they have not enough of other food. But although the liberty of eating to their fill is granted, still it was not. allowable oil this pretext to gorge themselves. Besides, vineyards were enclosed with hedges and guarded; whence it appears that the grapes were not exposed to every glutton. This, then, is the sum, that it is not accounted a theft, if a traveler, in order to relieve his hunger, should stretch forth his hand to the hanging fruit,2 until he should arrive at his resting-place where he may buy bread and wine.

Leviticus

Leviticus 19:9, 10

9. And when ye reap the harvest of your land, thou shalt not wholly reap the corners of thy field, neither shalt thou gather the gleanings of thy harvest.
9. Quum messueritis messem regionis vestrae, non finies metere angulum agri tui, et collectionem messis tuae non colliges.
10. And thou shalt not glean thy vineyard, neither shalt thou gather every grape of thy vineyard; thou shalt leave them for the poor and stranger: I am the Lord your God.
10. Et vineam tuam non racemabis, neque grana vineae tuae colliges: pauperi et peregrino relinques ea: ego Jehova Deus vester.

Leviticus 23:22

22. And when ye reap the harvest of your land, thou shalt not make clean riddance of the corners of thy field when thou reapest, neither shalt thou gather any gleaning of thy harvest; thou shalt leave them unto the poor, and to the stranger: I am the Lord your God.
22. Quum metetis messem regionis vestrae, non absolves usque ad angulum agri tui: nec collectionem messis tuae colliges: pauperi et peregrino relinques eam: Ego Jehova Deus vester.

Deuteronomy

Deuteronomy 24:19-22

19. When thou cuttest down thine harvest in thy field, and hast forgot a sheaf in the field, then shalt not go again to fetch it: it shall be for the stranger, for the fatherless, and for the widow; that the Lord thy God may bless thee in all the work of thine hands.
19. Quum messueris messem in agro tuo, et oblitus fueris manipulum in agro, non reverteris ad eum tollendum: peregrino, pupillo, et viduae erit: ut benedicat tibi Jehova Deus tuus in omni opere manuum tuarum.
20. When then beatest thine olive-tree, thou shalt not go over the boughs again: it shall be for the stranger, for the fatherless, and for the widow.
20. Quum excusseris olivam tuam, non scrutaberis ramos post te: peregrino, pupillo, et viduae erit.
21. When thou gatherest the grapes of thy vineyard, thou shalt not glean it afterward: it shall be for the stranger, for the fatherless, and for the widow.
21. Quum vindemiabis vineam tuam, non colliges racemos post te: peregrino, pupillo, et viduae erunt.
22. And thou shalt remember that thou wast a bond-man in the land of Egypt: therefore I command thee to do this thing.
22. Memento quod servus fueris in terra AEgypti: idcirco praecipio tibi ut hoc facias.

God here inculcates liberality upon the possessors of land, when their fruits are gathered: for, when His bounty is exercised before our eyes, it invites us to imitate Him; and it is a sign of ingratitude, unkindly and maliciously, to withhold what we derive from His blessing. God does not indeed require that those who have abundance should so profusely give away their produce, as to despoil themselves by enriching others; and, in fact, Paul prescribes this as the measure of our alms, that their relief of the poor should not bring into distress the rich themselves, who kindly distribute. (2 Corinthians 8:13.) God, therefore, permits every one to reap his corn, to gather his vintage, and to enjoy his abundance; provided the rich, content with their own vintage and harvest, do not grudge the poor the gleaning of the grapes and corn. Not that He absolutely assigns to the poor whatever remains, so that they may seize it as their own; but that some small portion may flow gratuitously to them from the munificence of the rich. He mentions indeed by name the orphans, and widows, and strangers, yet undoubtedly He designates all the poor and needy, who have no fields of their own to sow or reap; for it will sometimes occur that orphans are by no means in want, but rather that they have the means of being liberal themselves; nor are widows and strangers always hungry; but I have explained elsewhere why these three classes are mentioned.

Deuteronomy 15:1-11

1. At the end of every seven years thou shalt make a release.
1. Septimo quoque anno facies remissionem.
2. And this is the manner of the release: Every creditor that lendeth ought unto his neighbor shall release it; he shall not exact it of his neighbor, or of his brother; because it is called the Lord's release.
2. Haec autem est ratio remissionis, ut remittat omnis qui mutuum dederit manu sua, id quod mutuum dederit amico suo: non reposcet ab amico suo, aut a fratre suo, quia proclamata est remissio Jehovae.
3. Of a foreigner thou mayest exact it again: but that which is thine with thy brother thine hand shall release;
3. Ab alienigena reposces, aut quod fuerit tibi apud fratrem tuum, remittet manus tua:
4. Save when there shall be no poor among you; for the Lord shall greatly bless thee in the land which the Lord thy God giveth thee for an inheritance to possess it:
4. Nisi quia non sit (vel, prorsus certe non erit) in te mendicus: quia benedicendo benedicet tibi Jehova in terra quam ipse Deus tuus dat tibi in haereditatem ut possideas eam.
5. Only if thou carefully hearken unto the voice of the Lord thy God, to observe to do all these commandments which I command thee this day.
5. Sed ita duntaxat, si obediendo obedieris voci Jehovae Dei tui, ita ut custodias faciendo omne praeceptum istud quod ego praecipio tibi hodie.
6. For the Lord thy God blesseth thee, as he promised thee: and thou shalt lend unto many nations, but thou shalt not borrow; and thou shalt reign over many nations, but they shall not reign over thee.
6. Nam Jehova Deus tuus benedixit tibi, quemadmodum dixit tibi: tum mutuo accepto pignore dabis gentibus multis, tu autem non accipies mutuo: et dominaberis gentibus multis, at tibi non dominabuntur.
7. If there be among you a poor man of one of thy brethren within any of thy gates, in thy land which the Lord thy God giveth thee, thou shalt not harden thine heart, nor shut thine hand from thy poor brother;
7. Si fuerit apud te mendicus quispiam e fratribus tuis, in una e portis tuis, in terra tua quam Jehova Deus tuus dat tibi: non indurabis cor tuum, neque claudes manum tuam a fratre tuo mendico.
8. But thou shalt open thine hand wide unto him, and shalt surely lend him sufficient for his need, in that which he wanteth.
8. Sed aperiendo aperies illi manum tuam, et mutuando mutuabis ei ad sufficientiam usque, id quo indiguerit.
9. Beware that there be not a thought in thy wicked heart, saying, The seventh year, the year of release, is at hand; and thine eye be evil against thy poor brother, and thou givest him naught, and he cry unto the Lord against thee, and it be sin unto thee.
9. Cave tibi ne sit quidpiam in corde tuo impium, dicendo, Propinquus est annus septimus, annus remissionis: et malignus sit oculus tuus in fratrem tuum mendicum, ita ut non des ei: clamet autem contra te ad Jehovam, et erit in te peccatum.
10. Thou shalt surely give him, and thine heart shall not be grieved when thou givest unto him: because for this thing the Lord thy God shall bless thee in all thy works, and in all that thou puttest thine hand unto.
10. Dando dabis ei, neque malignum erit cor tuum quum dederis ei: quia hujus rei gratia benedicet tibi Jehova Deus tuus in omnibus operibus tuis, et in omni expensione manuum tuarum.
11. For the poor shall never cease out of the land: therefore I command thee, saying, Thou shalt open thine hand wide unto thy brother, to thy poor, and to thy needy, in thy land.
11. Non enim deerit mendicus de medio terrae: idcirco praecipio tibi dicendo, Aperiendo aperies manum tuam fratri tuo, id est pauperi tuo et mendico tuo in terra tua.

1. At the end of every seven years. A special act of humanity towards each other is here prescribed to the Jews, that every seven years, brother should remit to brother whatever was owed him. But, although we are not bound by this law at present, and it would not be even expedient that it should be in use, still the object to which it tended ought still to be maintained, i e., that we should not be too rigid in exacting our debts, especially if we have to do with the needy, who are bowed down by the burden of poverty. The condition of the ancient people, as I have said, was different. They derived their origin from a single race; the land of Canaan was their common inheritance; fraternal association was to be mutually sustained among them, just as if they were one family: and, inasmuch as God had once enfranchised them, the best plan for preserving' their liberty for ever was to maintain a condition of mediocrity, lest a few persons of immense wealth should oppress the general body. Since, therefore, the rich, if they had been permitted constantly to increase in wealth, would have tyrannized over the rest, God put by this law a restraint on immoderate power. Moreover, when rest was given to the land, and men reposed from its cultivation, it was just that the whole people, for whose sake the Sabbath was instituted, should enjoy some relaxation. Still the remission here spoken of was, in my opinion, merely temporary. Some, indeed, suppose that all debts were then entirely cancelled;3 as if the Sabbatical year destroyed all debtor and creditor accounts; but this is refuted by the context, for when the Sabbatical year is at hand, God commands them to lend freely, whereas the contract would have been ridiculous, unless it had been lawful to seek repayment in due time. Surely, if no payment had ever followed, it would have been required simply to give: for what would the empty form of lending have availed if the money advanced was never to be returned to its owner? But God required all suits to cease for that year, so that no one should trouble his debtor: and, because in that year of freedom and immunity there was no hope of receiving back the money, God provides against the objection, and forbids them to be niggardly, although the delay might produce some inconvenience. First of all, therefore, He commands them to make a remission in the seventh year, i e., to abstain from exacting their debts, and to concede to the poor, as well as to the land, a truce, or vacation. On which ground Isaiah reproves the Jews for observing the Sabbath amiss, when they exact4 their debts, and "fast for strife and debate." (Isaiah 58:3, 4.) The form of remission is added, That no one should vex his neighbor in the year in which the release of God is proclaimed.

3. Of a foreigner thou mayest exact it. An exception follows, that it should be lawful to sue foreigners, and to compel them to pay; and this for a very good reason, because it was by no means just that despisers of the Law should enjoy the Sabbatical benefit, especially when God had conferred the privilege on His elect people alone. What follows in the next verse, "Unless because there shall be no beggar," interpreters twist into various senses. Some translate it, Nevertheless (veruntamen,) let there be no beggar among thee; as if it were a prohibition, that they should not suffer their poor brethren to be overwhelmed with poverty, without assisting them; and, lest they should object that, if they should be so liberal in giving, they would soon exhaust themselves, God anticipates them, and bids them rely upon his blessing. Others, however, understand it as a promise, and connect it thus, That there should be no beggar among them, if only they keep the Law, since then God would bless them. Nor would this meaning be very unsuitable. What they mean who expound it, Insomuch that there should be no beggar with thee, I know not. Let my readers, however, consider whether5 'phs ky, ephes ci, is not better rendered "unless because," (nisi quod:) and then this clause would be read parenthetically, as if it were said, Whenever there shall be any poor among your brethren, an opportunity of doing them good is presented to you. Therefore the poverty of your brethren is to be relieved by you, in order that God may bless you. But, that the sentence may be clearer, I take the two words, 'phs ky, ephes ci, exclusively, as if it were, On no account let there be a beggar: or, howsoever it. may be, suffer not that by your fault there should be any beggar amongst you; for He would put an end to all vain excuses, and, as necessity arose, would have them disposed to give assistance, lest the poor should sink under the pressure of want and distress, tie does not, therefore, mean generally all poor persons, but only those in extreme indigence; such as the Prophet Amos complains are "sold for a pair of shoes." (Amos 2:6.) In order, then, that they may more cheerfully assist their distresses, He promises that His blessing shall be productive of greater abundance. And from hence Paul seems to have derived his exhortation to the Corinthians:

"He which soweth bountifully, shall reap also bountifully. God is able to make all grace abound toward you; that ye, always having all sufficiency in all things, may abound to every good work.: Now he that ministereth seed to the sower, shall both minister bread for your food, and multiply your seed sown, and increase the fruits of your righteousness, that, being enriched in every thing, you may abound unto all bountifulness." (2 Corinthians 9:6-11.)

In short, God would have them without carefulness, since He will abundantly recompense them with His blessing, if they have diminished their own stores by liberality to the poor.

6. For the Lord thy God blesseth thee. He confirms the foregoing declaration, but ascends from the particular to the general; for, after having taught that they might expect from God's blessing much more than they have bestowed on the poor, he now recalls their attention to the Covenant itself, as much as to say, that whatever they have is derived from that original fountain of God's grace, when He made them inheritors of the land of Canaan. God reminds them also that He then promised them abundant produce; and thus indicates that, if they were mean and niggardly, they would cause the land to be barren. When He says that they should lend to all nations, he speaks by way of amplification; and also in the next clause, that they should reign over the Gentiles; whence it follows, that if there were any in want among them, it would arise from the wickedness and depravity, of the people themselves.

7. If there be among you a poor man The same word 'vyvn, ebyon, is used, which we have seen just above, verse 4; nor is there any contradiction when He commands them to relieve beggars, whom He had before forbidden to exist among His people; for the object of the prohibition was, that if any were reduced to beggary, they should not be cast out and forsaken. Now, however, He explains the mode of preventing this, viz., that the hands of the rich should be open to assist them. In order to incline them to compassion, he again reminds them of their common brotherhood, and sets before them, as its token and pledge, the land in which by God's goodness they dwell together. Again, that they may be willing and prompt in their humanity, He forbids them to harden their heart, thereby signifying that avarice is always cruel. Finally, He applies this instruction to the year of release, viz., that they should straightway relieve their poor brethren towards the beginning of that year, just as if they would receive back in a few days the money which the poor man would retain to its end.

11. For the poor shall never cease out of the land. The notion6 of those is far fetched who suppose that there would be always poor men among them, because they would not keep the law, and consequently the land would be barren on account of their unrighteousness. I admit that this is true; but God does not here ascribe it to their sins that there would always be some beggars among them, but only reminds them that there would never be wanting matter for their generosity, because He would prove what was in their hearts by setting the poor before them. For, (as I have observed above,) this is why the rich and poor meet together, and the Lord is maker of them all; because otherwise the duties of charity would not be observed unless they put them into exercise by assisting each other. Wherefore God, to stir up the inactivity of the rich, declares that lie prescribes nothing but what continual necessity will require.

Notes

  1. "The Chaldee translateth, when thou art hired; and of such do the Hebrews understand this Law, that laborers hired to work in a vineyard are to eat of the fruit thereof." — Ainsworth. So also Vatablus from the Chaldee and Arabic, in Poole's Synopsis. ↩
  2. "Cueille des espis, ou des raisins pour sa necessite," should gather ears of corn or grapes for his necessary wants. — Fr. ↩
  3. "The Hebrews (says Ainsworth) for the most part hold the remission to be perpetual." He, however, argues from the word smth, an intermission, and its use in that sense in Exodus 23:11, that C.'s interpretation is the correct one. So also Dathe, who quotes Jos. Meyer in his Treatise on the Festivals of the Jews, ch. 17 sec. 20; and Michaelis, in his Laws of Moses, P. 3. sec. 157. ↩
  4. A. V., "all your labors;" margin, "things wherewith ye grieve others; Heb., griefs;" C.'s own version, "omnes facultates vestras exigitis." ↩
  5. S. M., However. A. V., Save when; or, in its margin, To the end that. S.M. refers to Jewish expositors as saying, "The meaning is, Thou shalt not fear that this law may do you an injury; for, if you be such zealous observers of my precepts, I will so bless you, and make all things needful for you to increase, that there shall be no poor man amongst you, to whom you need give what is lent. And if there be any person needing your assistance, and ye, for my sake, forgive his debt, as I have commanded, the man who doth thus shall not lose what was owed him, but shall receive from me a more abundant blessing." The learned reader may find this expression further discussed in Noldii Concord. partic. Art., 509 of Annot and Vindic. — W. ↩
  6. "I know that ye will not obey me with a perfect heart, and therefore my blessing shall be lessened towards you, and there shall be poor among you." Hebrew commentators quoted in Munster and Fagius. — Poole's Syn. ↩
Leviticus — Commentaries on the rest of the Bible (~45 volumes) · John Calvin · Cloud of Witnesses