A Treatise on Those Special Laws Which Are Contained Under and Have Reference to the Eighth and Ninth, and Tenth Commandments

 I. (1) I have in my previous treatises spoken of the laws relating to adultery and murder, and to all the subordinate offences which come under those

 II. (7) If any one being insanely carried away by a desire for the property of others attempts to steal it, and not being able easily to carry it off

 III. (11) Now other thefts are to be atoned for by a payment of double the value of the thing stolen but if any one steals an ox or a sheep, the law

 IV. (13) A kidnapper also is a thief but he is, moreover, a thief who steals the very most excellent thing that exists upon the earth. Now, in the ca

 V. (20) In the field also, as some one of the old writers has said, lawsuits arise since covetousness and a desire for the possessions of others

 VI. (26) And not only do those men do damage who devour the property of others with their flocks and herds, but so also do those who inconsiderately a

 VII. (30) A deposit is the most sacred of all those things which relate to the associations of men with regard to property, inasmuch as it depends upo

 VIII. (41) This is the ninth of the ten commandments, being the fourth in number of those in the second table but one which is calculated to bestow t

 IX. (55) The law thinks that all those who adhere to the sacred constitution, established by Moses, ought to be free from all unreasonable passions, a

 X. (59) In the first place the law enjoins the judge not to listen to vain Reports.[Ex 23:1.] Why is this? The law says, My good man, let thy ears be

 XI. (62) The second commandment given to a judge is not to receive gifts [Ex 23:8.] for gifts, says the law, blind the eyes that see, and pervert jus

 XII. (70) The third commandment given to a judge is to investigate the transactions themselves, in preference to showing any regard to the parties to

 XIII. (72) And in addition to what has already been said, there is another most admirable precept given which enjoins the judge not to show pity upon

 XIV. (79) Every passion is open to and deserving of blame, inasmuch as every immoderate and violent impulse, and every irrational and unnatural emotio

 XV. (84) So great and so excessive an evil is covetous desire or rather, if I am to speak the plain truth concerning it, it is the source of all evil

 XVI. (95) And the most holy Moses appears to me to have had a regard to all these circumstances, and on that account to have commanded that men should

 XVII. (100) Moreover, Moses has not granted an unlimited possession and use of all other animals to those who partake in his sacred constitution, but

 XVIII. (105) The animals which are clean and lawful to be used as food are ten in number the heifer, the lamb, the goat, the stag, the antelope, the

 XIX. (109) For this reason all animals with solid hoofs, and all with many toes are spoken of by implication as unclean the one because, being so, th

 XX. (110) Having laid down these definitions with respect to land animals, he proceeds to describe what aquatic creatures are clean and lawful to be u

 XXI. (113) And adhering to the same general idea the lawgiver asserts that those reptiles which have no feet, and which crawl onwards, dragging themse

 XXII. (116) Having, therefore, in his ordinances already gone through all the different kinds of land animals and of those who live in the water, and

 XXIII. (119) Moreover, Moses Commands[Le 5:2.] that no man shall take of any dead carcass, or of any body which has been torn by wild beasts partly b

 XXIV. For the essence of the soul of man is the breath of God, especially if we follow the account of Moses, who, in his history of the creation of th

 XXV. (132) This may be sufficient to say, being in fact all that I am able to advance, about the laws which bear on appetite and desire by way of fill

 XXVI. (136) One portion of justice, and that not an unimportant one, relates to courts of justice and to the judge, which indeed I have mentioned befo

 XXVII. (143) The lawgiver also gives this most admirable injunction, that one must not add anything to, or take anything away from the law, but that i

 XXVIII. (149) There is also this commandment ordained which is of great common utility, that, Thou shalt not move thy neighbours' landmarks which the

 XXIX. (151) Some persons have contended that all magistracies ought to have the officers appointed to them by lot which however is a mode of proceedi

 XXX. (157) The all-wise Moses seeing this by the power of his own soul, makes no mention of any authority being assigned by lot, but he has chosen to

 XXXI. (158) And Moses gives also two reasons, on account of which it is not proper for strangers to be elected to situations of authority in the firs

 XXXII. (160) And from the first day on which any one enters upon his office, he orders that he shall write out a copy of the book of the Law[De 17:18.

 XXXIII. (170) And it becomes a man who has been thought worthy of the supreme and greatest authority to appoint successors who may govern with him and

 XXXIV. (176) We have here mentioned one example of what we before alluded to. We must now add an instance of the second kind. I said that the causes o

 XXXV. (183) The law also forbids, by a most just and reasonable prohibition, the man who has undertaken the care and government of the common interest

 XXXVI. (188) Therefore it is right for good rulers of a nation to imitate him in these points, if they have any anxiety to attain to a similitude to G

 XXXVII. (193) Again, merchants and pedlars, and people in the market, and all those who deal in things necessary for life, [Le 19:36.] and who in cons

 XXXVIII. (197) Also this commandment is given with exceeding propriety, [Le 19:14.] which forbids anyone from blaspheming and speaking ill, especially

 XXXIX. (203) After this the lawgiver proceeds to connect with these commandments a somewhat similar harmony or series of injunctions commanding breed

 XL. (208) The commandment which came in the middle of the three injunctions about pairs, was that one was not to sow a vineyard so as to make it bear

 XLI. (219) These, then, are the laws which he appoints to be observed by each individual. But there are other commandments of a more general nature of

 XLII. (230) We have now enumerated the matters which belong to justice but as for justice itself, what poet or orator could celebrate it, in worthy t

XL. (208) The commandment which came in the middle of the three injunctions about pairs, was that one was not to sow a vineyard so as to make it bear two crops at the same time; the object of this law being, in the first place, that those things which are of different species might not be confused by being mixed together; for crops grown from seed have no connection with trees, nor trees with crops grown from seed; on which account nature has not appointed to them both the same time for the production of their fruits, but has assigned to the one the spring as the season of their harvest, while to the others it has appointed the end of summer, as the season for the gathering of their fruits; (209) accordingly, it happens that at the same period of the year the one are become withered having been in bloom at an earlier time, while the others are just budding having been dried up before; for the crops which are produced from seed begin to flourish in the winter, when the trees are losing their leaves; and in the spring, on the contrary, when all the crops which are produced from seed are drying up, the wood of all trees, whether wild or improved by cultivation, are shooting; and one may almost say, that the period in which the crops which are produced from seed come to perfection is the same as that in which those of the trees derive the beginning of their productiveness. (210) Very naturally therefore, has God separated things so wholly different from one another, both in their natures and in the period of their flowering, and in the seasons of their producing their appropriate fruits, and has appointed different situations for them, producing order out of disorder; for order is closely connected with arrangement, and disorder with a want of arrangement. (211) And in the second place, in order that the two different species may not go through a reciprocal system of inflicting and suffering injury, because of one kind drawing away the nourishment from the other kind, while if that nourishment is divided into small portions, as happens in times of famine and of scarcity of necessaries, all plants of every kind will in every place become weak, and will be either afflicted with barrenness, becoming utterly unproductive, or at all events will never bear tolerably fine fruit, inasmuch as they have been previously weakened by want of nourishment. (212) And in the third place, in order that the naturally fertile land may not be oppressed with burdens beyond its strength, partly by the continued and uninterrupted thickness of the crops which are sown, and of the trees which are planted in the same place, and partly by the doubling of the crops, which are exacted from the ground; for it ought to be quite sufficient for the owner to draw one yearly tribute from one spot, just as it is sufficient for a king to receive his tribute from a city once a year; and to endeavour to extract larger revenues is the act of exceeding covetousness, by which all the laws of nature are attempted to be overturned. (213) For which reason the law might well say to those who have determined to sow their vineyards with seed out of pure covetousness; "Do not you be worse than those kings who have subdued cities with arms and warlike expeditions, for even they, from a prudent regard for the future and from a proper wish to spare their subjects, are content to receive one payment of tribute each year, as they are desirous not to reduce them utterly to the very extremity of want and distress in a short time; (214) but if you in the spring exact from the same piece of ground crops of barley and of wheat, and in the summer the crops from the fruit-bearing trees, you will be exhausting it by a double contribution; for then it will very naturally grow faint and fail, like an athlete, who is never abroad any time to take breath and to collect his strength for the beginning of another contest. (215) "But you seem rashly to forget those precepts of general advantage which I enjoined you to observe. For, at all events, if you had recollected the commandment concerning the seventh year, in which I commanded you to allow the land to remain fallow and sacred, without being exhausted by any agricultural operation of any kind, by reason of the labours which it has been going through for the six preceding years, and which is has undergone, producing its crops at the appointed seasons of the year in accordance with the ordinances of nature; you would not now be introducing innovations, and giving vent to all your covetous desires, be seeking for unprecedented crops, sowing a land fit for the growth of trees, and especially one planted with vines, in order by two crops every year, both being founded in iniquity, to increase your substance out of undue avarice, amassing money by lawless desires." (216) For the same man would never endure to let his land lie fallow every seventy years without exacting any revenue from it, for the sake of not having his land exhausted by over-production, but of allowing it to recover itself by rest, and yet at the same time to oppress and overwhelm it by double burdens; (217) therefore I have judged it necessary to pronounce all acquisition or exaction of wealth in this way unholy and impious; I mean the production of the fruit of trees, and of such crops as are derived from seed, because such fertility does in a manner exhaust and destroy the vivifying principle in the good soil, and, because too, by requiring so much, the owner of the land is insulting and abusing the bounty and liberality of God, giving full reins to his unrighteous desires, and not restraining them by any limits. (218) Ought we not, then, to feel an attachment to such commandments as these, which tend to restrain us from and to remove us to a great distance from the acts of covetousness, which are common among men, blunting the edge of the passion itself? For if the private individual, who, in the matter of his plants, has learnt to renounce all unrighteous gain, if he should acquire power in weightier matters and become a king, would adopt the same practice towards men and women, not exacting twofold tributes from them, not exhausting his subjects with taxes and contributions; for the habits in which he has been brought up would be sufficient for him, and would be able to soften the harshness of his disposition, and in a manner to educate him, and to re-mould him to a better character. And that is a better character which justice impresses upon the soul.