De Specialibus Legibus (lib. i‑iv)

Philo Judaeus

The works of Philo Judaeus, the contemporary of Josephus, volume 3. Yonge, C. D., translator. London: Henry G. Bohn, 1855.

And the works meant are those enjoined by precepts and doctrines in accordance with virtue. And in the day he exhorts us to apply ourselves to philosophy, improving our souls and the dominant part of us, our mind.

Accordingly, on the seventh day there are spread before the people in every city innumerable lessons of prudence, and temperance, and courage, and justice, and all other virtues; during the giving of which the common people sit down, keeping silence and pricking up their ears, with all possible attention, from their thirst for wholesome instruction; but some of those who are very learned explain to them what is of great importance and use, lessons by which the whole of their lives may be improved. [*]( Exodus xx. 9.)

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And there are, as we may say, two most especially important heads of all the innumerable particular lessons and doctrines; the regulating of one’s conduct towards God by the rules of piety and holiness, and of one’s conduct towards men by the rules of humanity and justice; each of which is subdivided into a great number of subordinate ideas, all praiseworthy.

From which considerations it is plain that Moses does not leave those persons at any time idle who submit to be guided by his sacred admonitions; but since we are composed of both soul and body, he has allotted to the body such work as is suited to it, and to the soul also such tasks as are good for that. And he has taken care that the one shall succeed the other, so that while the body is labouring the soul may be at rest, and when the body is enjoying relaxation the soul may be labouring; and so the best lives with the contemplative and the active life, succeed to one another in regular alternations. The active life having received the number six, according to the service appointed for the body; and the contemplative life the number seven, as tending to knowledge and to the perfecting of the intellect.

It is forbidden also on this day to kindle a fire, as being the beginning [*]( Exodus xxxv. 3.) and seed of all the business of life; since without fire it is not possible to make any of the things which are indispensably necessary for life, so that men in the absence of one single element, the highest and most ancient of all, are cut off from all works and employments of arts, especially from all handicraft trades, and also from all particular services.

But it seems likely that it was on account of those who were less obedient, and who were the least inclined to attend to what was done, that Moses gave additional laws, besides, thinking it right, not only that those who were free should abstain from all works on the seventh day, but also that their servants and handmaids should have a respite from their tasks, proclaiming a day of freedom to them also after every space of six days, in order to teach both classes this most admirable lesson;

so that the masters should be accustomed to do some things with their own hands, not waiting for the services and ministrations of their servants, in order that if any unforeseen necessities came upon them, according to the changes which take place in human affairs, they might not, from being wholly unaccustomed [*]( Exodus xxxv. 3.)

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to do anything for themselves, faint at what they had to do; but, finding the different parts of the body active and handy, might work with ease and cheerfulness; and teaching the servants not to despair of better prospects, but having a relaxation every six days as a kind of spark and kindling of freedom, to look forward to a complete relaxation hereafter, if they continued faithful and attached to their masters.

And from the occurrence of the free men at times submitting to the tasks of servants, and of the servants enjoying a respite and holiday, it will arise that the life of mankind advances in improvement towards perfect virtue, from their being thus reminded of the principles of equality, and repaying each other with necessary services, both those of high and those of obscure rank.

But the law has given a relaxation, not to servants only on the seventh day, but also to the cattle. And yet by nature the servants are born free; for no man is by nature a slave. But other animals are expressly made for the use and service of man, and are therefore ranked as slaves; but, nevertheless, those that ought to bear burdens, and to endure toil and labour on behalf of their owners, do all find a respite on the seventh day.

And why need I mention other particulars? The ox, the animal who is born for the most important and most useful of all the purposes of life, namely, for the plough, when the earth is already prepared for seed; and again, when the sheaves are brought into the barn, for threshing in order to the purification of the crop, is on this day unharnessed, keeping as a festival that day which is the birthday of the year. And thus its holiness pervades every thing and affects every creature.

And Moses thinks the number seven worthy of such reverence that even all other things which at all partake of it are honoured by him; at all events, on every seventh year he ordains a remission of debts, assisting the poor, and inviting the rich to humanity; [*]( Deuteronomy xv. 1.) that so they, from their abundance, giving to those that are in want, may also look forward to receiving services from them in the case of any disaster happening to them. For the accidents of human life are numerous, and life is not always anchored on the same bottom, but is apt to change like the fickle wind which blows in different [*]( Deuteronomy xv. 1.)

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directions at different times.

It is well, therefore, that the kindness shown by the creditors should extend to all the debtors. But since all men are not naturally inclined to magnanimity, but some men are the slaves of money, or perhaps not very rich, the law has appointed that they should contribute what will not inconvenience them when parted with.

For while it does not permit them to lend on usury to their fellow countrymen, it has allowed them to receive interest from foreigners; calling the former, with great felicity of expression, their brothers, in order to prevent any one’s grudging to give of his possessions to those who are as if by nature joint inheritors with themselves; but those who are not their fellow countrymen are called strangers, as is very natural. For the being a stranger shows that a person has no right to a participation in any thing, unless, indeed, any one out of an excess of virtue should treat even those in the conditions of strangers as kindred and related, from having been bred up under a virtuous state of things, and under virtuous laws which look upon what is virtuous alone as good.

But the action of lending on usury is blameable; for a man who lends on usury has not abundant means of living, but is clearly in some want; and he does so as being compelled to add the interest to his principal in order to subsist, and so he at last becomes of necessity very poor; and while he thinks that he is deriving advantage he is in reality injured, just as foolish animals are when they are deceived by a present bait.

But I should say to such persons, "O you who lend on usury, why do you seek to disguise your unsociable disposition by an apparent pretence of good fellowship? And why do you in words, indeed, pretend to be a humane and considerate person, while in your actions you exhibit a want of humanity and a terrible hardness of heart, exacting more than you gave, and sometimes even doubling your original loan, so as to make the poor man an absolute beggar?

Therefore no one sympathises with you in your distress, when, having endeavoured to obtain more, you fail to do so, and besides lose even what you had before. But, on the contrary, all men are glad of your misfortunes, calling you a usurer, and a skinflint, and all kinds of names like those, looking on you as one who lies in wait for human misfortunes, and who esteems the misfortunes of others his own prosperity."

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But, as some have said, wickedness is a most laborious thing; and he who lends on usury is blind, not seeing the time of repayment, in which he will scarcely, or perhaps not at all, receive the things which in his covetousness he had hoped to gain.

Let such a man pay the penalty of his avaricious disposition, not recovering back what he has expended, so as to make a gain of the misfortunes of men, deriving a revenue from unbecoming sources. But let the debtors be thought worthy of a humanity enjoined by the law, not paying back their loans and usurious interest upon them, but paying back merely the original sum lent. For again, at a proper season, they will give the same assistance to those who have aided them, requiting those who set the example of kindness with equal services.

After having given these commandments, Moses proceeds in regular order to establish a law full of all gentleness and humanity. "If," says this law, "one of thy brethren be sold to thee, let him serve thee for six years; and in the seventh year let him be set free without any payment," [*](Deuteronomy xv. 12.)

Here again Moses calls their fellow countrymen their brothers, implanting in the soul of the owner by this appellation an idea of relationship to his servant, that he may not neglect him as a stranger, towards whom he has no bond of goodwill. But that, yielding to a feeling of affection for him as a relation, in consequence of the lesson which the holy scripture thus suggests, he may not feel indignant when his servant is about to recover his freedom.