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him, he himself should be punished with death, as for another murder.-But when it is said, "Thou shalt not deliver unto his master the servant, (slave) which is escaped from his master unto thee: he shall dwell with thee, even among you, in that place which he shall choose in one of thy gates, where it liketh him best, thou shalt not oppress him:" (Deut. xxiii. 15, 16:) -There is another beneficial result beside the act of mercy, which is, that it teaches us to accustom ourselves to virtuous and praise-worthy actions, not only by succouring those who have sought our aid and protection, and not delivering them into the hands of those from whom they have fled, but also by promoting their comfort, doing them all manner of kindness, and not injuring or grieving them even in word; and if we are bound to exercise these duties towards men of the lowest condition, towards slaves, how much more must it be our duty to exercise them towards persons of superior excellence and rank who require our assistance, and receive them according to their rank and merit? -It should, however, be remarked, that if the fugitive or run-away was a man of base and perverse character, no assistance was to be afforded him, no mercy to be shown to him, nor any part of his punishment to be remitted, (that is, not the least favour to be shown him,) although he should have sought refuge in the most sacred place, as it is said, "Thou shalt take him from mine altar that he may die." (Exod. xxi. 14.)

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Where an instance is given of one who seeks protection and assistance from God, and betakes himself to that which is dedicated to Him; yet no assistance is afforded him, but he is commanded to be surrendered to his adversary :how much less, therefore, must any private individual lend assistance to any man of such a character, or exercise mercy towards him? For such mercy, when shown to wicked men and villains, is tyranny and cruelty to others; and certainly, those actions must be the most pleasing to God, which are the most consistent with his righteous statutes and judgments; and not those merely which obtain the applause of the ignorant and foolish, by whom all are praised who indiscriminately receive and protect all that come to them without inquiry, whether oppressor or oppressed, as may be seen and known by their books and sayings. (49) The reasons of this class are, therefore, as we have shown, sufficiently clear and evident.

CHAPTER XV.

Of the Causes and Reasons of Precepts of the fifth Class.

THE precepts included in the fifth class, all relate to the punishment and prevention of Damages and Injuries.

The prohibitions of these are frequent in the Law, and prove that a man is considered as guilty of all those damages or injuries which are occasioned by his property or goods, so far as they might have been prevented by a proper precaution on his part; hence the blame attaches to us of all the damages done by our cattle, because we either do or may watch them carefully; and in like manner those which occur from fire, and cisterns or wells of water, because men have it in their power to guard them, and prevent the danger arising from them. (50)

There are, however, certain distinctions to be observed in relation to these precepts, agreeably to justice and equity, which shall be explained. Thus, when injury is suffered from the teeth or feet, (i. e. of cattle) in a public place, the owner is acquitted, because the teeth and feet are things which he has not power to guard, and the damage which is sustained is, in most cases, but small; to which may be added, that

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he who leaves any thing in a public place, injures himself by exposing his property to destruction; and that the owner of cattle is accountable for damages done in the field by the tooth and foot.-But if the damage done in a public place be caused by a horn or any thing similar which might have been guarded, and from which persons travelling cannot save themselves, the law and judgment is the same every place. Yet there is a difference between a quiet ox, (that is, a gentle one, not known to push with its horns,) and a furious ox, (that is, one which its keeper knew was accustomed to push with its horns ;) (Exod. xxi. 29, 35, 36;) for if the damage be done by the one not used to push with its horns, then the owner is obliged to make good only half the damage; but if it be done by the one accustomed and known to do so, the owner is bound to make good the whole damage. The fine appointed in this case, for the injury done to a slave, is thirty shekels of silver, or half the price of a freeman; freemen being usually estimated at sixty shekels of silver, and a slave at thirty. (51) The reason why the beast is to be slain, is to punish the owner, and not, as the Sadducees absurdly cavil, to punish the beast; and the flesh of it was forbidden to be eaten, that he might be induced to take particular care of it, knowing that if it killed any one, whether great or small, bond or free, he must lose the value of it; and that if it had been known to be accus

tomed to push or toss with its horns, he would, beside the loss of the beast, have to pay the estimated sum for the injury. For the same reason also it is commanded, that the beast with which any man lieth shall be slain, (Lev. xx, 15,) that the owner of it may watch over it with the same care and diligence as his other domestics, nor readily suffer it to be from under his eye; for men commonly pursue riches with an ardor and attachment equal to that which they feel for their own souls, and some are more careful of their wealth than of themselves; but with the greater part, the love of property and of life are equal, as it is said, "To take us for bondmen and our asses." (Gen. xliii, 18.)

To this class of precepts also belongs the case of Slaying the Pursuer, that is, of him who pursues another in order to perpetrate some act of wickedness. But, the judgment that he may be put to death who intends or attempts to commit a crime without effecting his purpose, is only permitted in two cases, First, when any one pursues his neighbour with a design to murder him; and Secondly, when any one pursues another with the intention to commit an act of impurity, since these are injuries, which, if once sustained, can never be remedied. With respect to certain other crimes, forbidden by the House of Judgment under pain of death, as idolatry and the violation of the sabbath, by which no one is injured, the mind alone being conscious of them, the punishment of death is not inflicted on account

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