De Specialibus Legibus (lib. i‑iv)

I have now then gone through all the five heads of laws in the first table, and have noticed also all the particular points which had any reference to any individual. I must also now point out the punishments affixed to the transgression of these laws.

Now there is one common penalty affixed to them all, namely, death, through which all such offences have a kind of relationship to one another. But the causes of this sentence being pronounced in such cases are different, and we must begin with the last, the one that relates to parents, since it is in reference to this one that the words are still ringing in our ears, "If any one shall beat his father or his mother, let him be stoned." [*]( Exodus xxi, 15.) And very justly, for it is not fit that that man should live who insults those who are the causes of his living;

but some of the men of high rank, and some of the lawgivers, looking rather at the vain opinions of men than at the truth, have softened this commandment, and instituted as a penalty, for [*]( Exodus xxi, 15.)

but it is a piece of folly to be angry with the servants rather than with those who are the causes of such folly; for it is not the hands that behave with such insolence, but insolent men perform their actions with their hands, and it is the men who must be punished, unless indeed it can be called fitting to let men go who have committed murder with the sword, and to content one’s self with throwing away the sword; and unless, on the contrary, one ought not to give honour to those who have shown preeminent valour in war, but to the inanimate coats of armour, by means of which they have behaved themselves valiantly;

and unless again it is reasonable, in the case of those who have gained the victory in the gymnastic games, in the stadium, or the double race, or the long straight course, or in the contest of boxing, or in the pancratium, to attempt to crown only the legs and arms of the conquerors, and to let the whole of their bodies remain unhonoured. Surely it would be a ridiculous thing to lay down such principles as these, and to abstain in consequence from punishing or honouring those who were the real causes of the results in question; for we do not pass over a man who has given a splendid exhibition of musical skill, playing exquisitely on the flute or the lyre, and think the instruments themselves worthy of proclamations and honours.

Why, then, should we deprive of their hands men who beat their fathers, O you most noble lawgivers? Is it that they may for the future be wholly useless for any purpose whatever, and that they may exact as a tribute, not once a year but every day, from those whom they have treated with iniquity, compelling them to supply them with necessary food, as being unable to provide for themselves? For their father is not so wholly hard-hearted as to endure to see even a son who has so grievously offended against him dying of hunger, after his anger has been blunted by time.

And even if he has not laid hands upon his parents, but has only spoken ill of those whom he was bound to praise and bless, or if he has in any other manner done anything which can tend to bring his parents into disrepute, still let him die. [*]( Exodus xxi. 16.) [*]( Exodus xxi. 16.)

Again, let the man who has profaned the sacred seventh day as far as it may have lain in his power, be liable to the punishment of death. For, on the contrary, it is proper rather to provide whatever is profane, be it a thing or be it a person, with means of purification, in order to induce a change for the better, since "envy," as some one has said, "goes forth out of the divine company." But to dare to adulterate or to deface the holy coinage is an act which displays an extraordinary degree of impiety.

In that ancient migration which took place when the people of Israel left Egypt, and when the whole multitude was travelling through the pathless wilderness, when the seventh day came all those myriads of men which I have described before rested in their tents in perfect tranquillity; but one man, and he not one of the most despised or lowest class of the people, disregarding the commands which were laid upon the nation, and ridiculing those who attended to them, went forth to pick up sticks, but in reality to show his contempt for and violation of the law.

And he indeed came back bearing with him a faggot in his arm, but the men who remained in their tents although inflamed with anger and exasperated by his conduct, nevertheless did not at once proceed to very harsh measures against him that day by reason of the holy reverence due to the day, but they led him before the ruler of the people, and made known his impious action, and he having committed him to prison, after a command had been given to put him to death, gave the man up to those who had originally seen him to execute. As therefore, in my opinion, it was not permitted to kindle a fire on the seventh day for the reason which I have already mentioned, so likewise it was not lawful to collect any fuel for a fire.

Against those who call God as a witness in favour of assertions which are not true, the punishment of death is ordained in the law; [*]( Deuteronomy xix. 19.) and very properly, for even a man of [*]( Deuteronomy xix. 19.)

on which account we must say this, that him, who swears rashly and falsely, calling God to witness an unjust oath, God, although he is merciful by nature, will yet never release, inasmuch as he is thoroughly defiled and infamous from guilt, even though he may escape punishment at the hands of men. And such a man will never entirely escape, for there are innumerable beings looking on, zealots for and keepers of the national laws, of rigid justice, prompt to stone such a criminal, and visiting without pity all such as work wickedness, unless, indeed, we are prepared to say that a man who acts in such a way as to dishonour his father or his mother is worthy of death, but that he who behaves with impiety towards a name more glorious than even the respect due to one’s parents, is to be borne with as but a moderate offender.

But the lawgiver of our nation is not so foolish as, after putting to death men who are guilty of minor offences, then to treat those who are guilty of heavier crimes with mildness, since surely it is a greater iniquity than even to speak disparagingly or to insult one’s parents, to show a contempt for the sacred name of God by means of perjury.

And if even he who swears in an unbecoming manner is guilty and blameable, of what punishment is that man worthy who denies the one only true and living God and now honours the creature above the Creator, and chooses to honour not only the earth and the water, or the air, or the fire, the elements of the universe, or again the sun and moon, and the planets and fixed stars, and the whole of heaven, and the universal world, but even stocks and stones, which mortal workmen have fashioned, and which by them have been shaped into human figures?

Therefore, let such a man be himself likened to images carved by the hand; for it ought not to be that that man should have any soul himself who honours things destitute of soul or life, and especially after he has been a disciple of Moses, whom he has often heard announcing to him and under the influence of divine inspiration declaring those most sacred and holy admonitions, "Take not the name of any other gods into thy soul for a remembrance of them, and utter not

We have now then mentioned the punishments which are ordained against those who neglect the five commandments. But the rewards which are offered to those who keep them, even though the law has not set them forth in express words of injunction, are nevertheless figuratively intimated.

Therefore the fact of not thinking that there are any other gods but the true God, nor imagining that things made by the hand of man are gods, and the fact of not committing perjury, are things which have no need of any other reward, for the mere fact, in my opinion, of practising these virtues is itself a most excellent and most perfect reward. For at what circumstance can a lover of truth feel more really delighted than at the devotion of himself to one God, and attending in a guileless and pure manner to his service?

And when I speak of witnesses, I mean not such persons as are slaves to pride, but such as are devoted to an admiration of goodness free from all error, by whom the truth is honoured. For wisdom itself is the reward of wisdom; and justice, and each of the other virtues, is its own reward. And truth, as being the most beautiful in the whole company, and as being the chief of all the holy virtues, is in much greater degree its own recompense and reward, affording as it does happiness to all who practise it, and blessings of which they cannot be deprived to their children and descendants.

Again, those who properly keep the sacred sabbath are benefited in two most important particulars, both body and soul; as to their body, by a rest from their continual and incessant labours; and as to their soul, by forming most excellent conceptions respecting God as the Creator of the universe and the careful protector of all the things and beings which and whom he has made. And he made the whole universe in one week. It is plain, therefore, from these things that the man who honours the seventh day will himself find honour. [*]( Exodus xxiii, 18.)

In the same way let not him who honours his parents dutifully seek for any further advantage, for if he considers the matter he will find his reward in his own conduct. Not but what, since this commandment is inferior in importance to the first five commandments, which have a more divine character, inasmuch as this is concerned with mortal subjects, God has given an inducement to obey this one, saying, "Honour thy father and thy mother, that it may be well with thee, and that thy days may be long in the land;" [*]( Exodus xx. 12.)