De Specialibus Legibus (lib. i‑iv)

for she felt a natural anxiety, like a careful mother, that her offspring should not be worn out with toil; for by day she excites our bodies, and rouses them up to all the necessities and duties belonging to life, compelling those to work who would gladly be accustomed to cultivate the leisure of idleness, and an effeminate and luxurious life. But by night, as if she were sounding a retreat in time of war, she invites us to rest, and to take care of our bodies.

And those men who have laid aside a heavy weight of business, which has lasted from morning till evening, do now lay their burdens aside and return home and devote themselves to ease, and indulging in profound sleep, refresh themselves after the labours of the day.

This long interval between sleeping and waking nature has allotted to men, that they may by turns labour diligently and by turns rest, so as to have all the parts of their bodies more ready for action, and more active and powerful.

And the lawgiver, who is a prophetic spirit, gave us our

For he commands his people every seventh year to forbear to enclose any piece of land, but to let all the olive gardens and vineyards remain open, and all their other possessions, whether they be seed-land or trees, that so the poor may be able to enjoy the spontaneously growing crops without fear, in a greater, or at all events not in a less degree than the owners themselves.

On which account he does not allow the masters to cultivate the land, having in view the object of not causing them any annoyance from the feeling that they are at all the expense, but that they do not receive any revenue from their lands to make up for the expense, while the poor enjoy all the crops as their own; and he permits those who appear to be strangers to enjoy all these things, raising them from their apparent lowly condition, and from the reproach of being beggars.

Is it not then fit to love these laws which are full of such abundant humanity? by which the rich men are taught to share the blessings which they have with and to communicate them to others: and the poor are comforted, not being for ever compelled to frequent the houses of the indigent to supply the deficiencies by which they themselves are oppressed;

but there are times when the widows and orphan children, as if they had been deriving a revenue from their own properties, namely the spontaneously growing crops, as I have said before, and all other classes of person who are disregarded from not being wealthy do at last find themselves in the possession of plenty, being on a sudden enriched by the gift of God, who has called them to share with the possessors themselves in the number of the sacred seven.

And all those who breed flocks and herds lend their own cattle with fearlessness and impunity to graze on the land of others, choosing the most fertile plains, and the lands most suitable for the feeding of their cattle, availing themselves of the license of the jubilee; and they are not met by any ill-will

Having laid down these principles as a kind of foundation of gentleness and humanity, he then puts together seven sevens of years, and so makes the fiftieth year an entirely sacred year, enacting with reference to it some ordinances of especial honour beyond those which relate to the ordinary years of communication of property.

In the first place he gives this commandment. He thinks it fitting that all property that has been alienated should now be restored to its original masters in order that the inheritances originally apportioned to the different tribes may be preserved, and that no one who originally received an allotment may be wholly deprived of his possessions.

Since it often happens that unforeseen circumstances come upon men by which they are compelled to sell what belongs to them. And so he provided in a suitable manner for their necessities, and prevented those who purchased the lands from being deceived, allowing the one to sell their lands, and teaching the others very plainly the conditions on which they are going to purchase.

For the law says Do not give a price as if for an everlasting possession, but only for a definite number of years, which must be less than fifty; for the sale effected ought not to be a sale of the lands owned, but a sale of the crops, for two most weighty reasons; one, that the whole country is called the possession of God, and it is impious for any one else to be recorded as the masters of the possessions of God; and secondly, because a separate allotment has been assigned to each land-owner, of which the law does not choose the man who originally received the allotment to be deprived.

Therefore, the law invites the man who is able to recover his original property within the period of fifty years, or any one of his nearest relations, to use every exertion to repay the price which he received, and not to be the cause of loss to the man who purchased it, and who served him at a time when he was in need of assistance.

And at the same time it sympathises with the man who is in too great a state of indigence to do so, and bestows its compassion on him, giving him back his former property with the exception of any fields which have been

These are the commandments which are given with respect to the divisions of the land and the inheritances so portioned out. There are others also enacted with respect to houses. And since of houses some are in cities, being within walls; while others are open abodes in the country, and not within any walls; the law has directed that those in the country shall always be redeemed with money, and that those which are not redeemed before the fiftieth year shall be restored without any payment to their original owners, just as their other possessions; [*]( Leviticus xxv. 31.) for the houses are a portion of the man’s possessions.

But those which are within walls shall be liable to be redeemed by those who have sold them for a full year; [*]( Leviticus xxv. 19.) but if they be not redeemed within that year, then after that year they shall be confirmed to those who had bought them, the jubilee of the fiftieth year not injuring the claim of the purchasers.

And the reason of these enactments is that God wills to give even to strangers an opportunity of becoming firmly established in the land. For since they have no participation in the land, inasmuch as they are not numbered among those to whom the inheritances have been apportioned, the law has allotted to them a property in houses, being desirous that they who have come as suppliants to the laws, and who have taken refuge under their protection, should not be homeless wanderers in the land.

For the cities, when the land was originally portioned out in inheritances, were not divided among the tribes, nor indeed were they originally built together in streets, but the inhabitants of the land preferred to make their abode in their open houses in the fields. But afterwards they quitted these houses and came together, the feeling of a love of fellowship and communication, as was natural, becoming stronger after a lapse of time, and so they built houses in the same place, and cities, of which they allowed a share also to the [*]( Leviticus xxv. 31.) [*]( Leviticus xxv. 19.)

And concerning the tribe which was set apart as consecrated for the priesthood, the following laws are established. The law did not bestow upon the keepers of the temple any portion of the land, considering the first fruits of it a sufficient revenue for them. But it allotted them eight and forty cities to dwell in, and a suburb of two thousand cubits around each city. [*]( Leviticus xxxv. 5.)