De Vita Mosis (Lib. I-II)

Therefore both those instances which I have mentioned comprise the punishments of wicked men, appointed and confirmed by question and answer. And there are two other instances, not of the same, but of a different character; the one of which has reference to the succession of an inheritance; the other, as far at least as it appears to me, to a sacrifice which was performed at an unseemly time. And we must first discuss the latter of the two.

Moses puts down the beginning of the vernal equinox as the first month of the year, attributing the chief honour, not as some persons do to the periodical revolutions of the year

Now wheat and barley are among the things which are very necessary; as, likewise, are all the other species of food, without which it is impossible to live. But oil, and wine, and almonds are not among necessaries, since men often live without them to the very extremity of old age, extending their life over a number of years.

Accordingly, in this month, about the fourteenth day of the month, when the orb of the moon is usually about to become full, the public universal feast of the passover is celebrated, which in the Chaldaic language is called pascha; at which festival not only do private individuals bring victims to the altar and the priests sacrifice them, but also, by a particular ordinance of this law, the whole nation is consecrated and officiates in offering sacrifice; every separate individual on this occasion bringing forward and offering up with his own hands the sacrifice due on his own behalf.

Therefore all the rest of the people rejoiced and was of joyful countenance, every one thinking that he himself was honoured by this participation in the priesthood. But the others passed the time of the festival amid tears and groans, their own relations having lately died, whom they were now mourning for, and were overwhelmed with a two fold sorrow, having, in addition to their grief for their relations who were slain, the pain also which arose from being deprived of the pleasure and honour which accrue from the offering up of sacrifice, as they were not purified or cleansed on that day, inasmuch as their mourning had not yet lasted beyond the appointed and legitimate period of lamentation.

These men coming, after the assembly was over, to the ruler of the people, being full of melancholy and depression, related to him what had happened, namely, "that the recent death of their relations was an unavoidable

And then they besought him that they too might make their offerings no less than the others, and that the misfortune which had befallen them in the death of their kinsmen might not be reckoned against them as an iniquity of theirs, so as to produce them punishment instead of compassion; for that they thought that they were worse off than even the people who were dead, since these last had, indeed, no sense of the grievous privation, but they who continued live would appear to die the death perceptible to the outward sense."

When he heard this he saw that the justification which they alleged was not inconsistent with reason and truth, and that the excuse which they alleged for not having previously offered their sacrifice was founded in necessity, and that they were entitled to merciful consideration. And while he was wavering in his opinion, and inclining this way and that way as if in the balance of a scale, for compassion and justice inclined him one way, and on the other side the law of the sacrifice of the passover weighed him down, in which the first month and the fourteenth day of the month are appointed for the offering of the sacrifice; accordingly, Moses, being perplexed and balancing between consent and refusal, besought God to decide the question and to announce his decision to him by an oracular command.

And God listened to his entreaty and gave him an oracle bearing not only on the circumstances which had taken place, but on all such as should hereafter happen with reference to the same subject, if people should ever again find themselves in a similar case. He likewise, out of the abundance of his providence, gave further and general directions with respect to other individuals who at any time, for one reason or other, should be unable to offer up their sacrifice with the whole of the rest of the nation.

We must now, therefore, proceed to relate the oracular commands which were thus given by God with reference to these cases. [*]( Numbers ix. 10. ) He says, "The mourning for a relation is a necessary sorrow to those who are related by blood, and it is not set [*]( Numbers ix. 10. )

As long, therefore, as it lasts, until the time that is appointed by law for it to cease, let the man be repelled from the sacred precincts, which must be kept pure, not only from all intentional pollution, but likewise from all such as is involuntary. But when the legal time for mourning is expired, then let the mourners be no longer deprived of an equal share in the performance of the sacrifices, that those who are alive may not become an adjunct to those who are dead. And let them, as if they were in a second class, come again in the second month, on the fourteenth day of the month, and let them sacrifice in the same manner as the former sacrificers, and let them adopt the sacrifice in the same way as they did, in a similar manner and under similar rules."

Also, let the same regulations be observed with respect to those who are hindered, not by mourning, but by a distant journey, from offering up their sacrifice in common with and at the same time with the whole nation. "For those who are travelling in a foreign land, or dwelling in some other country, do no wrong, so as to deserve to be deprived of equal honour with the rest, especially since one country will not contain the entire nation by reason of its great numbers, but has sent out colonies in every direction."

Having now, then, given this account of those who were too late to sacrifice the festival of the passover with the rest of the nation by reason of some unexpected circumstances, but who were desirous to fulfil the duty which had thus been omitted, even though late, still in the necessary manner, I now proceed to the last injunction relating to the succession to inheritances; that being, in like manner, of a mixed character, and consisting of question and answer.

There was a certain man, named Shalpaath, a man of high character and of a distinguished tribe. He had four daughters, but not a single son. And after the death of their father the daughters, being afraid that they should be deprived of their father’s inheritance, because the allotments of such inheritances were given to the male heirs, came to the ruler of the people with the modesty befitting maidens, not because they were eager for riches, but because they desired to preserve the name and reputation of their father.

And they said to Moses, "Our father is dead; and he died

And Moses marvelled at the wisdom of the maidens, and at their affection for their father, nevertheless he hesitated, being biased in some degree by other thoughts in accordance with which it seemed proper for men to divide the inheritances among themselves, that so they might receive the due reward of their military services and of the wars which they had gone through. But nature, which has given to woman protection from all such contests, does likewise by so doing plainly deprive them of their right to a share in what is put forward as a reward for encountering them.

On which account the mind of Moses was very naturally in a state of indecision, and was dragged different ways, so that Moses laid his perplexities before God, whom he knew to be the only being who could with true and unerring judgment decide such delicate differences with a complete display of truth and justice.

But the Creator of the universe, the Father of the world, who holds together earth and heaven, and the water and the air, and everything which is composed of any one of these things, and who rules the whole world, the King of gods and men, did not think it unbecoming for him to take upon himself the part of arbitrator respecting these orphan maidens. And, as arbitrator, he, in my opinion, did more for them than if he had been merely a judge of the law, inasmuch as he is merciful and beneficent, and has filled all things everywhere with his beneficent power for he gave great praise to the maidens.

O! Master how can any one sing your praises adequately, with what mouth, with what tongue, with what organisation of voice? Can the stars become a chorus and pour forth any melody which shall be worthy of the subject? Even if the whole of the heaven were to be dissolved into voice, would it be able to recount even a portion of your virtues? [*](Numbers xxvii. 4.)

Who is there who can fail to perceive how great a praise this is when God bears witness in their favour? Come, now, ye who are violent; ye, who give yourselves airs because of your virtuous actions; ye, who hold up your hands higher than nature justifies, and who raise your eye-brows; ye, among whom the widowhood of woman is a cause for laughter, though it is a most pitiable evil; and in whose thoughts the desolation of orphan children is ridiculed even more shamefully than the distress before mentioned.