The History of Antiquity, Vol. 3 (of 6)Duncker, Max
History
The History of Antiquity, Vol. 3 (of 6)
Duncker, Max
History, Ancient
In the judicial process the new law lays emphasis on the rule that only
the testimony of two or three witnesses is to be sufficient,[450] and
that the testimony is to be strictly proved. The judges are to inquire,
and "if the witness is a false witness, and has spoken falsely against
his brother, ye shall do to him as he thought to do to his
brother."[451] Like the old law, the new warns the judge to "have no
respect of persons," and adds that he is to take no gift, that he is
never to give crooked judgments; least of all, in the case of widows
and orphans. "Cursed is he that perverteth the judgment of the
fatherless and widow."[452]
In the canons of law, as in the regulations about the tithes, the new
code makes changes only with a view to the carrying out of the law in
practice. It goes decidedly beyond the old in the regulations,
instituted even in the old law, for the diminution of the severity of
the law of debt, and in regard for the oppressed and poor (II. 221). The
arrangements about the years of Sabbath and of Jubilee are dropped as
impracticable in the new law, and are reduced to the much simpler rule,
that in every seventh year, i.e. in the year of Sabbath, an "acquitment
is to be made," i.e. every unpaid loan, made before this year, is to be
cancelled, with the income upon it. Feeling the evil consequences which
might spring from this regulation, the Book of the Law at the same time
gives warning that no one is to be misled into refusing loans to the
poor from the fear that he could not count on repayment after the year
of acquitment.[453] The older law requires, as has been already
remarked, that in lending to the poor no interest should be taken;[454]
the new law went further: interest is not to be taken from any
Israelite, but only from strangers (_i.e._ Phenician merchants).[455]
But here also it is added, that no one for this reason "is to harden his
heart, and close his hand before his poor brother; thou shalt lend to
him on a pledge (_i.e._ on sufficient security), what is requisite for
his need, and Jehovah will bless thee in all the work of thy
hands."[456] Thus in Israel money was, in fact, only lent on pledge. The
old law forbids to take the cloak of the poor in pledge;[457] the new
law forbids the creditor, who demands his loan, to enter the house in
order to choose a pledge for himself, and lays down the rule that the
man who lends money is to wait outside till the debtor brings a pledge.
The mill and the mill-stone (as indispensable to every household), and
the garment of the widow, are not to be demanded.[458]
Public-domain text, read in full here on John Shaqi.
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