De Specialibus Legibus (lib. i‑iv)

for the man who is thought to abstain from her who has been the wife of another man, because she is called his step-mother, will much more abstain from his own natural mother. And if any one, on account of his recollection of his father, shows a respectful awe of her who has formerly been his wife, it is quite evident that he, because of the respect which he feels towards both his parents, is not likely to meditate any improper conduct to his mother; since it would be downright folly for a man who studies to please one half of his family, to appear to neglect it in its wholeness and integrity.

There follows after this a command not to espouse one’s sister: which is an injunction of great excellence, and one which contributes very greatly to temperance and good order. Therefore the Athenian lawgiver, Solon, when he permitted men to marry their sisters by the same father, forbade them to marry those by the same mother. But the lawgiver of the Lacedaemonians, on the other hand, allowed of marriages between brothers and sisters by the same mothers, but forbade those between brothers and sisters by the same father.

While the lawgiver of the Egyptians, ridiculing the cautious timidity of the others as if they had established imperfect ordinances, gave the reins to

But the most sacred Moses, rejecting all those ordinances with detestation, as being quite inconsistent with and at variance with any praiseworthy kind of constitution, and as laws which encouraged and trained people to the most disgraceful of all habits, almost peremptorily prohibited any connection with a man’s sister, whether by both parents, or whether only by one of the two;

for why should any one seek to deface the beauty of modesty? And why make virgins destitute of all modesty, to whom it is becoming to blush? And, moreover, why should one be willing to limit the associations and connections with other men, and to confine a most honourable thing within the narrow space of the walls of a single house, which ought rather to be extended and diffused over all continents, and islands, and the whole inhabited world? For the intermarriages with strangers produce new relationships, which are in no respect inferior to those which proceed from ties of blood.

On which account our lawgiver has also forbidden other matrimonial connections, commanding that no man shall marry his granddaughter, whether she be his son’s or his daughter’s child; nor his niece; nor his aunt; nor his grandmother, by either father or mother; nor any woman who has been the wife of his uncle, or of his son, or of his brother; nor, again, any step-daughter, whether virgin or widow, whether his own wife be alive or even after her death. For, in principle, a step-father is the same as a father, and therefore he ought to look upon his wife’s daughter in the same light as his own.

Again. He does not permit the same man to marry two sisters, neither at the same time nor at different periods,

For from such things as these arise bitter jealousies and quarrels, and enmities which scarcely admit of reconciliation, but which bring on indescribable hosts of misfortunes; for that would be just as if the different members of the body were to abandon the harmony and fellowship in which they are put together by nature, and to quarrel with one another, which circumstance must necessarily cause incurable diseases and mischiefs. And sisters are like limbs, which, although they are separated from one another, are nevertheless all adapted to one another by nature and natural relationship. And jealousy, which is the most grievous of all passions, is continually producing new, and terrible, and incurable mischiefs.

Again. Moses commands, do not either form a connection of marriage with one of another nation, and do not be seduced into complying with customs inconsistent with your own, and do not stray from the right way and forget the path which leads to piety, turning into a road which is no road. And, perhaps, you will yourself resist, if you have been from your earliest youth trained in the best possible instruction, which your parents have instilled into you, continually filling your mind with the sacred laws. And the anxiety and fear which parents feel for their sons and daughters is not slight; for, perchance, they may be allured by mischievous customs instead of genuine good ones, and so they may be in danger of learning to forget the honour belonging to the one God, which is the beginning and end of extreme unhappiness.

But if, proceeds the lawgiver, a woman having been

But if any man should choose to form an alliance with such a woman, he must be content to bear the reputation of effeminacy and a complete want of manly courage and vigour, as if he had been castrated and deprived of the most useful portion of the soul, namely, that disposition which hates iniquity, by which the affairs both of houses and cities are placed on a good footing, and as having stamped deeply on his character two of the greatest of all iniquities, adultery and the employment of a pander; for the reconciliations which take place subsequently are indications of the death of each. Let him, therefore, suffer the punishment appointed, together with his wife.

And there are particular periods affecting the health of the woman when a man may not touch her, but during that time he must abstain from all connection with her, respecting the laws of nature. And, at the same time, he must learn not to waste his vigour in the pursuit of an unseemly and barbarous pleasure; for such conduct would be like that of a husbandman who, out of drunkenness or sudden insanity, should sow wheat or barley in lakes or flooded torrents, instead of over the fertile plains; for it is proper to cast seed upon fields when they are dry, in order that it may bear abundant fruit.

But nature each month cleanses the womb, as if it were some field of marvellous fertility, the proper season for fertilising which must be watched for by the husband as if he were a skilful husbandman, in order to withhold his seed and abstain from sowing it at a time when it is inundated; for, if he do not do so, the seed, without his perceiving it, will be swept away by the moisture, not only having all its spiritual energies relaxed, but having them, in fact, utterly dissolved. These are the persons who form animals in that workshop of nature, the womb, and who perfect with the most consummate skill each separate one of the parts of the body

But those people deserve to be reproached who are ploughing a hard and stony soil. And who can these be but they who have connected themselves with barren women? For such men are only hunters after intemperate pleasure, and in the excess of their licentious passions they waste their seed of their own deliberate purpose. Since for what other reason can they espouse such women? It cannot be for a hope of children, which they are aware must, of necessity, be disappointed, but rather to gratify their excess in lust and incurable incontinence.

As many men, therefore, as marry virgins in ignorance of how will they will turn out as regards their prolificness, or the contrary, when after a long time they perceive, by their never having any children, that they are barren, and do not then put them away, are still worthy of pardon, being influenced by habit and familiarity, which are motives of great weight, and being also unable to break through the power of those ancient charms which by long habituation are stamped upon their souls.

But those who marry women who have been previously tested by other men and ascertained to be barren, do merely covet the carnal enjoyment like so many boars or goats, and deserve to be inscribed among the lists of impious men as enemies to God; for God, as being friendly to all the animals that exist, and especially to man, takes all imaginable care to secure preservation and duration to every kind of creature. But those who seek to waste all their power at the very moment of putting it forth are confessedly enemies of nature.

Moreover, another evil, much greater than that which we have already mentioned, has made its way among and been let loose upon cities, namely, the love of boys, which formerly was accounted a great infamy even to be spoken of, but which sin is a subject of boasting not only to those who practise it, but even to those who suffer it, and who, being accustomed to bearing the affliction of being treated like women, waste away as to both their souls and bodies, not bearing about them a single spark of a manly character to be

And it is natural for those who obey the law to consider such persons worthy of death, since the law commands that the man-woman who adulterates the precious coinage of his nature shall die without redemption, not allowing him to live a single day, or even a single hour, as he is a disgrace to himself, and to his family, and to his country, and to the whole race of mankind.

And let the man who is devoted to the love of boys submit to the same punishment, since he pursues that pleasure which is contrary to nature, and since, as far as depends upon him, he would make the cities desolate, and void, and empty of all inhabitants, wasting his power of propagating his species, and moreover, being a guide and teacher of those greatest of all evils, unmanliness and effeminate lust, stripping young men of the flower of their beauty, and wasting their prime of life in effeminacy, which he ought rather on the other hand to train to vigour and acts of courage; and last of all, because, like a worthless husbandman, he allows fertile and productive lands to lie fallow, contriving that they shall continue barren, and labours night and day at cultivating that soil from which he never expects any produce at all.

And I imagine that the cause of this is that among many nations there are actually rewards given for intemperance and effeminacy. At all events one may see men-women continually strutting through the market place at midday, and leading the processions in festivals; and, impious men as they are, having received by lot the charge of the temple, and beginning the sacred and initiating rites, and concerned even in the holy mysteries of Ceres.