De Virtutibus

Philo Judaeus

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

The ordinances, then, which he laid down for the observance of free-born men are these and others like them. And as it seems he also has established other regulations consistent with them respecting slaves; all of which tend to engender gentleness and humanity, of which he gives a share even to slaves.

Accordingly [*](Deuteronomy xv. 12. ) he thinks it fit that those who, [*]( Exodus xxiii. 4.) [*](Deuteronomy xv. 12. )

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because of their need of necessary sustenance, have devoted themselves to the service of others, ought not to be compelled to endure any thing unworthy of a liberal freedom of birth; advising those who have the advantage of their ministrations to have a regard to the unexpected misfortunes which have befallen their servants, and to feel respect for their change of condition. And he does not allow those who become debtors for daily loans, and who, by a parabolical and metaphorical expression, have received both the name and unhappy condition of ephemeral animals, or those who through some even still more urgent necessity have become slaves from having been free men, to suffer misery for ever, but he gives them entire deliverance in the seventh year.

For, says he, a period of six years for servitude is sufficient for those debtors who cannot repay the loans to the lender, or who for any other reason have become slaves after having been free. And those who were not naturally slaves are not to be deprived of all happiness and liberty for ever, but are again to return to their former state of freedom, of which they were deprived through some unforeseen calamities.

"And if," the lawgiver proceeds to say, "one who has been a slave of another for three generations, from fear of the threats of his master, or from a consciousness of having committed some offence, or, if he has committed no offence at all but has a savage and inhuman master, flees for refuge to some one else, in the hope to obtain assistance from him, do not reject him; for it is not consistent with holiness to abandon a suppliant, and even a slave is a suppliant, inasmuch as he has taken refuge on thy hearth, where it is fitting that he should find an asylum, especially if without any guile he has come to offer honest service. And if he cannot obtain this protection, at all events let him be sold to some one else; for it is uncertain what may be the effect of his change of masters, and an uncertain evil is easier to bear than a confessed one."

These, then, are the ordinances which he appoints to be observed concerning one’s own relations, and strangers, and friends, and enemies, and slaves, and free men, and in short respecting the whole of the human race. And moreover, he extends his principles of humanity and compassion even to

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the race of irrational animals, allowing them always to share of these benefits as of a pleasant fountain;

for in the case of domestic animals, with reference to flocks of sheep, and of goats, and herds of oxen, he commands the people to abstain from using of those animals which are just born, or from taking them either for food or under pretence of sacrificing them. [*]( Exodus xxiii. 19.) For he looked upon it as a proof of a cruel disposition to plot against such creatures the moment they are born, so as to cause an immediate separation between the offspring and the mother, for the sake of the pleasures of the belly, or rather on account of some absurd and preposterous unpleasantness which the soul fancies.

Therefore, he says to the man who is about to live in accordance with his most sacred constitution, "My good man, there is a great abundance of things of which you are permitted the enjoyment, to which there is no blame attached; for, perhaps, it would have been pardonable if it were not so, since want and scarcity compel men to do many things which otherwise they would not intend. But you ought to be preeminent in temperance and the practise of all virtues; being reckoned in the most admirable of all classifications and enrolled in obedience to a most excellent captain, the right reason of nature, by all which considerations you ought to be rendered humane, avoiding receiving in your mind any thing which is wrong.

And why in addition to the pains which the animal bears in parturition, should you also inflict other pains from external causes, by the immediate separation of the mother from her offspring? For it is inevitable that she will resist and be indignant when they are thus parted, by reason of the affection implanted by nature in every mother towards her offspring, and especially at the time of their birth; since at this time the breasts are full of milk-like springs, and then if through want of the child which is to suck them the flow of milk receives a check, they become hardened by being distended by the weight of the milk, and the women themselves are overwhelmed with pain.

Therefore, says the law, give her offspring to the mother, if not for the whole time, still at all events for the first seven days, to rear on her milk, and render not unprofitable those fountains of milk which nature has bestowed upon her breasts, destroying that second bounty of hers which she has prepared [*]( Exodus xxiii. 19.)

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with great prudence, perceiving from a distance by her everlasting and perfect wisdom what will hereafter happen.

For her first bounty was the birth by means of which that which had no existence was brought into being; the second bounteous gift was the flow of milk, the most tender and seasonable food for a tender creature, which, though it is only one thing, is at the same time both meat and drink. For inasmuch as part of the milk is of a watery nature, it is drink; and inasmuch as part of it is of a somewhat solid nature, it is meat; and it is endowed with these characteristics from a prudent foresight to prevent the lately born offspring from suffering disaster, through want lying in wait for it at different times, taking care thus that, by the one and the same application of each kind of food, it may escape those cruel mistresses, hunger and thirst.

Do you then, you excellent and most admirable parents, read this law and hide your faces, you who are continually plotting the deaths of your children, you who entertain cruel designs against your offspring, so as to expose them the moment that they are born, you irreconcileable enemies of the whole race of mankind;

for who is there to whom you ever entertain good will, when you are the murderers of your own children? You who, as far as lies in your power, make cities desolate, beginning with the destruction of your nearest relations; you who overturn all the laws of nature, and pull down all that she builds up; you who are savage and untameable in the barbarity of your souls, raising up destruction against birth, and death against life?

Do not you see, that it has been a care to that all-wise and all-good lawgiver, that not even in the case of brute beasts shall the offspring be separated from the mother until it has been nourished by her milk? And this is ordained principally for your sake, you noble persons, that if you have it not by nature, you may at least learn proper affection for your kindred by instruction, and having regard to the examples of lambs and kids, who are not hindered from revelling in the most abundant possible supply of necessary food, which nature itself prepares for them in the most convenient places, by which easy enjoyment of food is granted to those that stand in need of it the lawgiver providing, with great zeal and care, that no one shall intercept the bountiful and saving gifts of God.

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And being desirous to implant the seeds of gentleness and humanity in the minds of men, by every kind of expedient imaginable, he adds also another injunction akin to the preceding one, forbidding any one to sacrifice the mother and the offspring on the same day, for even if they are both to be sacrificed, still it must be at different times, for it is the greatest extravagance of barbarity to slay in one day the animal which has been born and her who is the cause of its birth.

And for what object is this done? one is slain on pretence of sacrifice, the other for the gratification of the belly. If then it is on pretence of offering them in sacrifice, then the very name is given with falsehood; for animals taken for such purpose are victims, not sacrifices. [*]( The Greek is σφάγια, not θυσία. ) And what altar of God would ever receive such unholy sacrifices? And as for the fire, would it not of its own accord divide itself in two parts and stand asunder, avoiding all the contamination which might arise from any contact with such a profane thing? I imagine that it would not have remained, no, not for even the briefest time, but would have been immediately extinguished, out of a watchful care that the air, and the most holy nature of the Spirit, should not be polluted by the ascending flames.

And if they are not taken to be offered in sacrifice, but with a view to feast on them, then who can there be who would not loathe and reject all these new and unprecedented kinds of preposterous gluttony? for such men are, indeed, pursuing pleasures which are out of all reason. And what pleasure can it be to men who are eating meat, to devour, on the same occasion, the flesh of the mothers and of their offspring? And if any one were to desire to mangle the limbs of the two animals together, and to run them in a spit and to roast them, and so to devour them, I do believe that the very limbs themselves would not remain quiet, but would be filled with indignation and would utter speech, through their fury at the extraordinary character if the unprecedented injury done to them, and would revile, with innumerable reproaches for their gluttony, those men who had thus prepared this unmentionable banquet.

But the law banishes to a distance from the sacred precincts all animals which are pregnant, not permitting them to be sacrificed until they have brought forth, looking on the [*]( The Greek is σφάγια, not θυσία. )

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animals which are still in the womb as equal to what has just been born; not because those which have never yet come to light are really looked upon as of equal importance with living creatures, but this ordinance is given to banish to a distance the rashness of those persons who are in the habit of confounding everything;

for if animals, which grow and increase like plants, and which are considered to be as it were parts of the mothers which have conceived them, being still united to them, and being destined hereafter, after an appointed period of months, to be separated from the close connection to which they are at present attached, are, because of the hope that at some future time they may become living creatures, preserved at present by the safety thus guaranteed to their mothers, in order that the aforesaid pollution may not come to pass; how can it be that the animals, when brought forth, shall not be preserved in a still greater degree, which in their own proper persons have received the gift of life and body? for it is the most impious of all customs, to slay both offspring and mother at one time and on one day.

And it appears to me that some lawgivers, having started from this point, have also promulgated the law about condemned women, which commands that pregnant women, if they have committed any offence worthy of death, shall nevertheless not be executed until they have brought forth, in order that the creature in their womb may not be slain with them when they are put to death.

But these men have established these enactments with reference to human beings, but this lawgiver of ours, going beyond them all, extends his humanity even to brute beasts, in order that ..... . we being accustomed to practise all the things ordained in his laws, may display an excessive degree of humanity, abstaining from pursuing any one, or even from annoying them in retaliation for any annoyance which we have received at their hands, and that we may not store up in secret our own good things, so as to keep them to ourselves, but may bring them into the middle, and offer them freely to all men everywhere, as if they were our kinsmen and our natural brothers.