Deuteronomy 22:8-30

LAWS OF KINDNESS

WITH the commands we now have to consider, we leave altogether the region of strict law, and enter entirely upon that of aspiration and of feeling. Kindness, by its very nature, eludes the rude compulsion of law, properly so called. It ceases to be kindness when it loses spontaneity and freedom. Precept, therefore, not law, is the utmost that any lawgiver can give in respect to it; and this is precisely what we have in Deuteronomy, so far as it endeavors to incite men to gentleness, goodness, and courtesy to one another. The author gives his people an ideal of what they ought to be in these respects, and presses it home upon them with the heartfelt earnestness which distinguishes him. That is all; but yet, if we are to do justice to him as a lawgiver, we must consider and estimate the moral value of these precepts; for, properly speaking, they are the flower of his legal principles, and they reveal in detail, and therefore, for the average man, most impressively, the spirit in which his whole legislation was conceived. In the abstract no doubt he had told us that love-love to Yahweh-was to he the fundamental thing, and we have seen how deep and wide-reaching that announcement was. But a review of the precepts which indicate how he conceived that love to God should affect men's relations with men, will give that general principle a definiteness and a concreteness more impressive than a thousand homilies. For the conception that a relation of love is the only fit relation between man and God, could not, if it were sincerely taken up, fail to throw light upon men's true relations to each other. Consequently the great declaration of the sixth chapter was bound to re-echo in the precepts to guide conduct, giving new sanctity and breadth to all man's duty to his fellows.

Of course the risk of great failure was nigh at hand: for men may be intellectually convinced that love is the element in which life ought to be lived, and may proclaim it, who are far from being actually penetrated and filled with love, tested and increased by communion with God. As a result, much talk about love and kindly human duty has fallen with but little impulsive power upon the hearts of men. When, however, it is felt to be the expression of a present experience, such exhortation has power to move men as no other words can do. And the author of Deuteronomy was one of those who had this divinely given secret. In all parts of his book you find his words becoming winged with power, wherever love to God and man is even remotely touched upon. If our hypothesis as to the age in which he lived and wrote be correct, his must have been one of those high and rare natures which are not embittered by persecution or contemptuous neglect. Long before our Lord had spoken His decisive words on our duty to our neighbor, or St. Paul had written his great hymn to love, this man of God had been chosen to feel the truth, and had suffused his book with it, so that the only principle which can be recognized as binding together all his precepts is the central principle of the New Testament. Of course that made his ideal too high for present realization; but he gained more than he lost; for, from Jeremiah and Josiah downwards through the years, all the noblest of his people responded to him. The splendor of his thought cast reflections upon their minds, and these glowed and shone amid the meaner lights which Pharisaism kindled and cherished, till He came whose right it was to reign. Then Deuteronomy's true rank was seen; for from it Christ took the answers by which He repelled Satan in the temptation, and from it, too, He took that commandment which He called the first and greatest. Of course the humanity of the book had not, in expression at least, the imperial sweep of Christian brotherhood which makes all men equal, so that for it there is neither Jew nor Gentile, neither wise nor unwise, neither male nor female, neither bond nor free. But all the chosen people are included in its sympathy; and in this field, without undue interference with private life, the author sets forth by specimen cases how the fraternal feeling should manifest itself in loving, neighborly kindness.

As these laws or precepts of kindness are not systematically arranged, it will be necessary to group them, and we shall take first those in which it is prescribed that injury to others should be avoided. Of course criminal wrongs are not dealt with here. They have already been forbidden in the strictly legal portions of the book, and penalties have been attached to them. But in the region beyond law, there are many acts in which the difference between a good, and kindly, and sympathetic man, and a morose, and sullen, and unkindly one, can be even more clearly seen. In that region Deuteronomy is unmistakably on the side of sympathy. The poor, the slave, the helpless should, it teaches, be objects of special care to the true son of Israel. They should be treated, it shows, with a generous perception of the peculiar difficulties of their lot; and pressure upon them at these special points where their lot is hard should be abhorrent to every Israelite.

The first in order of the precepts which we are considering Deuteronomy 22:8 -"When thou buildest a new house, then thou shalt make a railing for thy roof, that thou bring not blood upon thine house, if any man fall from thence"-reveals the fatherly and loving temper which it is the author's delight to attribute to Yahweh. As earthly parents guard their children from accidents and dangers, so Yahweh thinks of possible danger to the lives of His people, and calls for even minute precautions. The habit of sitting and sleeping upon the flat roofs of the houses has always been, and is now, prevalent in the East. Many accidents take place through this habit. In recent years Emin Pasha, who ruled so long at Wadelai, nearly lost his life by one; and here the house-owner is required in Yahweh's name to minimize that danger, "that he bring not blood upon his house." The life of each one of Yahweh's people is precious to Him; therefore it is that He will have them to guard one another. This is the principle which runs through all these precepts. In the sphere of ritual and religion the Deuteronomist does not transcend Old Testament conditions. For him as for others it is the nation which is the unit. But in the region now before us he virtually goes beyond that limitation, and emphasizes the care of Yahweh for the individual, just as in the demand for love to God he had already made Israel's relation to their God depend upon each man's personal attitude. The thought that the Divine care was exerted over even "such a set of paltry ill-given animalcules as himself and his nation were," according to Carlyle's phrase, does not stagger him as it staggered Frederick the Great.

In matters like these, the unsophisticated religion, of the Old Testament is most helpful to us today. We have analyzed, and refined, and dimmed all things into abstractions, God and man among the rest. The fearless simplicity of the Old Testament restores us to ourselves, and pours fresh blood into the veins of our religion. No faith in God as the living orderer of all the circumstances of our lives can be too strong or too detailed. The stronger and more definite it becomes, the nearer will it approach the truth. Only one danger can threaten us on that line, the danger of taking all our own plans and desires for the Divinely appointed path for us. But most men will by natural humility be saved from that presumption; and the glad assurance that they are wrapped about with the love of God is perhaps the greatest need of God's people in their many skeptical and unspiritual hours.

We cannot, therefore, be surprised that, in connection with debts and pledges for payment, the same kindness in the Divine commands should be observable. As usury was forbidden in Israel, and precautions against excessive indebtedness were exceedingly elaborate, the possibilities of oppression in connection with debt in Israel were much more limited than in most ancient communities. Nevertheless there was here a region of life in which great wrongs could still be done by a harsh and unscrupulous creditor. In order that the creditor might have some security for what he had lent, it was permitted to receive and give pledges. The precepts regarding these are contained in Deuteronomy 24:6; Deuteronomy 24:10 ff; Deuteronomy 24:17, and express a considerate brotherly spirit, for which it would be hard to find a parallel either in ancient or modern times. The creditor who has taken a poor man's upper garment as a pledge is commanded, both in the Book of the Covenant and in Deuteronomy., to restore the garment to its owner in the evening, that he may sleep in it. In Palestine for much of the year the nights are cold enough, and the poor man has no covering save his ordinary clothes. To deprive him of these, therefore, is to inflict punishment upon him, whereas all that should be aimed at is the creditor's security. This was peculiarly offensive to Israelite feeling, as we see from the mention in Amos 2:8 of the breach of this prescription as one of the sins for which Yahweh would not turn away Israel's punishment. Further, in no case was a widow's garment to be taken in pledge, nor the hand-mill used for preparing the daily flour, for that is taking "life" in pledge, as the Deuteronomist says with the feeling for the conditions of the poor man's life which he always shows.

But the crown of all this kindness is found in the beautiful tenth verse: "When thou dost lend thy neighbor any manner of loan, thou shalt not go into his house to fetch his pledge; thou shalt stand without, and the man to whom thou dost lend shall bring forth the pledge without unto thee." Not only does Yahweh care for external and physical pain, He sympathizes with those deeper wrongs and pains which may hurt a man's feelings. If a pledge to satisfy the lender had to be given, scruples of delicacy on-the part of the borrower would appear to the "practical" man, as he would call himself, contemptibly misplaced. If the man's feelings were so very superfine, why did he borrow? But the author of Deuteronomy knew the heart of God better. With the fine tact of a man of God, he knew how even the well-meaning rich man's amused contempt for the poor man's few household treasures would cut like a whip, and he knew that Yahweh, who was "very pitiful and of tender mercy," would desire no son of Israel to be exposed to it. He knew, too, how human greed might dispose the lender to seize upon the thing of greatest value in the poor house, whether its price was in excess of the loan or not. Finally, he knew how it deteriorates the poor to be dealt with in an unceremonious, tactless way even by the benevolent. And in the name and with the authority of God he forbids it. The poor man's home, the home of the man whom we desire to help especially, is to be sacred. In our dealing with him of all men the finest courtesy is to be brought into play. Just because he needs our help, we are to stand on points of ceremony with him, which we might dispense with in dealing with friends and equals. "Thou shalt stand without," unless he asks thee to enter; and thou shalt show thereby, in a deeper way than any gifts or loans can show, that the fraternal tie is acknowledged and reverenced.

In two other precepts the same delicate regard for the finer feelings finds expression. In the fifth verse it is commanded that "When a man taketh a new wife, he shall not go out in the host, neither shall he be charged with any business: he shall be free at home one year, and shall cheer his wife that he hath taken." The strangeness and loneliness which everywhere make themselves felt as a formidable drawback to a young wife's joy, and which in a polygamous family, where jealousies are bitter, must often have reached the point of being intolerable, are provided for. In Deuteronomy 25:1 again, which deals with the punishment of criminals by beating, it is provided that in no case shall the number of blows exceed forty, and that they shall be given in the presence of the judge. This in itself was a measure of humanity, but the reason given for the direction is greatly more humane. "Forty stripes he may give him," says Deuteronomy 25:3; "he shall not exceed; lest, if he should exceed, and beat him above these with many stripes, then thy brother should seem vile unto thee." Even in the case of the criminal care is to be taken that he be not made an object of contempt. Punishment has gone beyond its true aim when it makes a man seem vile unto his neighbors by attacking his dignity as a man; for that should be inalienable even in a criminal. A man may have all his material wants satisfied, and yet be sorely vexed and injured. God sympathizes with these hurts of the soul, and defends His people against them.

After the loving kindness of these commands, it seems almost needless to say that the smaller social wrongs which men may inflict upon each other are sternly forbidden. Often, the rich from want of thought about the life of the poor carelessly do them wrong. Such a case is that dealt with in Deuteronomy 24:14 f.: "Thou shalt not oppress a hired servant that is poor and needy, whether he be of thy brethren, or of thy strangers (gerim) that are in thy land within thy gates: in his day thou shalt give him his hire, neither shall the sun go down upon it; for he is poor, and setteth his heart upon it: lest he cry against thee unto Yahweh, and it be sin unto thee." The same command is given in Leviticus 19:13, and Dillmann is probably right in regarding this as a Deuteronomic repetition of that, since there the precept forms part of a pentad of commands dealing with similar things, while here it stands alone. From early times, therefore, Yahweh had revealed Himself as considering the poor and the necessities of their position. Further, the poor man or the wayfarer was permitted to satisfy his hunger by taking fruit or grain in his hands as he passed through the fields. No one was to die of starvation if the fields were "yielding meat." Last of all, estrangement between brethren, i.e., all Israelites, was not to free them from duties of neighborly love. If a man find a stray ox or sheep or ass, or a garment or any other lost thing, he is not to leave it where he finds it. He is to restore it to the owner; and if the owner is unknown or too far off, the finder is to keep that which he has found till it is inquired after. Then if he see his brother's, i.e., his neighbor's, ass or ox fallen by the way, he must not pass by, but must help the owner to set it on its feet again. That an estranged "brother" was especially in view is shown by the fact that in the parallel passage Exodus 23:4 "thine enemy's ox" and "the ass of him that hateth thee" are mentioned.

Now, we have called these precepts and provisions the flower and blossom of the Deuteronomic legislation, because they reveal in their greatest perfection that sympathy with the commonest and the innermost cares of men which is the moving impulse of it all. But they reveal more than that. They show that already in those far-off days the secret of God's love to man had been made known. Its universality so far as Israel was concerned, its penetrative sympathy, its quality of regarding no human interest as outside its scope, its superhuman impartiality-all are here. They are not of course present in their full sweep and power, as Christ made them known. Outside of Israel there were the Gentiles, who had a share only in the "uncovenanted mercies" of God; and even among the chosen people there were the slaves and the strangers, who had a comparatively insecure relation to Him. Further, the thought of the self-sacrifice of God, though soon to have its dawning in the later Chapter s of Isaiah, was not as yet an appreciable element in the Israelite theology. Nevertheless the passages we have been considering throw a light upon social duty, as seen by this inspired servant of God, which puts to shame the state of the Christian mind on these subjects even now.

The great principles underlying right relations between men of different social status are, according to these precepts, courtesy and consideration. Now it is precisely the want of these which lies at the root of the bitterness which is so alarming a symptom of our social state at present. There is not, we are willing to believe, much of intentional, deliberate oppression exercised by the strong upon the weak. The injustice that is done is probably inherent in the present social system, for the character of which no one living is responsible. But one reason why reform comes so slowly, and why patience till it can come dies out among the masses of men, is that the employing classes, and those who have inherited privileges, often convey to those they employ the impression that they are beyond the pale of the courtesies which are recognized as binding between men of the same class. Often without intending it, their manner when they are approached by those they employ, their short and half-aggrieved replies, reveal to the latter that they are regarded much more as parts of the machinery, than as men who might naturally be expected to claim, and who have a right to, the recognition of their rights as men.

Of course there are excuses. There is the long tradition of subordination to arbitrary power, from which none in earlier ages of the world have been free. There is the impatience with which a governing and organizing mind listens to grievances which it sees either to be inevitable under the circumstances, or to be compensated by some corresponding privilege, which stands or falls with the thing complained of. And then there is the absence of outlook, which is the foible of the directing mind. It is set to rule and make successful a large and intricate business under given circumstances. The more effective such a mind is for practical purposes, the more thoroughly will it limit itself to working out the problem committed to it. When grievances have to be dealt with which have their root in the present circumstances, and which imply changes more or less radical in his fixed point if they are to be redressed, it is hard for the employer to persuade himself that his employees are not merely crying for the moon. If he think so, he will probably say so; and working men go away from such interviews with the feeling that it is vain to expect from employers any sympathy for their aspirations towards a better social state, which yet they cannot give up without a slur upon their manhood.

But though these are excuses for the attitude we have been describing, there can be no question that the fine and delicate courtesy which Deuteronomy prescribes is indispensable in order to avert class hostility. Courtesy cannot, of course, change our social state, and where it works badly evils that produce friction will remain. But the first condition of a successful solution of our difficulties is, that evil tempers should as far as possible be banished, and for that purpose courtesy even under provocation is the one sovereign remedy. For it means that you convey to your neighbor that you consider him in all essentials your equal. It means, too, that you are willing to recognize his rights and to respect them. Though power may be on your side, and weakness on his, that will only make it more incumbent upon you to show that mere external circumstances cannot impair your reverence for him as man. If that be sincerely felt, it opens a way, otherwise absolutely closed, to mutual confidence and mutual understanding. These once established, light on all parts of the social problem (which, be it remembered, employers and employed must solve together if it is to be solved at all) will break in upon the minds of both classes. In spite of the diversity of their immediate interests, the ultimate interest of all is the same. If contempt and suspicion were excluded, eyes which are now holden would be opened, and a common effort to reach a social state in which all men shall have the opportunity of living lives worthy of men would become possible. If all would learn to treat those of other classes with the courtesy which they constantly show to those of their own, a great step in the right direction would be taken. Men overlook much and forgive much to their fellows when these recognize their equality, and show that they attach importance to having good relations with them.

But much more is to be aimed at than that. The esteem for man as man has great conquests yet to make before even the Deuteronomic courtesy becomes common. But if these nobler manners are to come in, then the motives suggested by Deuteronomy will have to be made effective for our day. What these were it is not difficult to see. They all had their source in the author's own relations and the relations of his people to God. Each of his brethren of the chosen people was a friend of Yahweh. There was no difference between Israelite men before Him. He had brought them all, the poor and the weak, as well as the rich and the strong, out of the house of bondage; He had guided them all through the wilderness, and had appointed each household a place in His land where full communion with Him was to be had. He had thought many thoughts about them, had given them laws and statutes dictated by loving insight, so as to fill their life with the consciousness that Yahweh loved them, condescended to them, and even allowed Himself to be made to serve by their sins. Whatever else they might be, they were friends of God, and had a right to respect on that ground. And for us who are Christians all these motives have been intensified and raised to a higher power. It is not lawful for us to call any man common or unclean. It is not lawful to overwhelm and bear down the minds of others by sheer energy and power. Those "for whom Christ died" are not to be dealt with save on the worthy plane of moral and spiritual conviction. That is the law of Christ; and so long as it is broken in our labor troubles by contemptuous refusal of conference when it can be granted without compromising principle, or by slighting references to labor leaders and a refusal to meet them, when leaders of another class would be courteously met, so long will the bitterness which inevitably springs up trouble us.

It is not, however, to be supposed that only the rich can sin in this respect. The labor organizations are becoming in many places, the stronger, and so far they have learned the law of courtesy no better than their opponents. Opprobrious epithets and injurious suspicions and accusations are the stock-in-trade of some who lead the labor cause. That is as unworthy in them as it would be in others; it is not only a crime, but a blunder.

But the practice of courtesy does not end with itself. It opens the way for that consideration of the circumstances of the poor which we have found so conspicuous in Deuteronomy. As we have seen, Yahweh's precepts contemplate with the nicest care the unavoidable necessities of the poor man's life. So He stirs us to endeavor to realize the conditions of our poorer brethren, and by doing so to avoid the blunders which well-meaning people make by assuming that the conditions of their own life are the norm. There are vast varieties of circumstance in the world; and from lack of consideration those more favorably situated excite envies and hatreds the bitterness of which they cannot conceive, by simply taking it for granted that every one has the same opportunities for recreation, the same possibilities of rest. To realize clearly what life and death mean to the toiling millions of men; to see that matters which are small to those who live the materially larger and freer life of the class above them are of vital moment to the poor; to consider and allow for all such things in their dealings with them, -this is the teaching of Deuteronomy. Hence the command to pay the laborer his wages in the same day. The heart of man responds when this note is struck. In nothing is the story of Gautama the Buddha more true to the best instincts of humanity than in this, that it represents him as making his great renunciation through coming into intimate contact with the pain and misery of ordinary life. That gave him insight, and insight wrought sympathy, and sympathy transformed him from being a petty prince of Northern India into the consoler and helper of millions in all Eastern lands. Even hopeless pessimism, when born of sympathy, has an immense consoling power. Much more should the inextinguishable hope given by Christ, combined as it is with the same sympathetic insight, console men and uplift them.

But the sixteenth verse of chapter 23, reminds us that in that ancient Deuteronomic world there were sad limitations to these lofty sympathies and hopes. If intensively Deuteronomy almost reaches the Gospel, extensively it shows the whole difference between Judaism at its best and Christianity. Below the world of free-born members of the Israelite community, to whom the precepts we have hitherto been considering alone apply, there was the class of slaves, who in many respects lay beyond the region of the finer charities. The origin of slavery we need not discuss. It was a quite universal feature in all ancient communities, and was doubtless a step upwards from the custom of destroying all prisoners taken in war. Among the Hebrews it had always been customary; but in historic times it was not among them the all-important matter it was in Greek and Roman polity. Had it been so, it world have been impossible to discuss the economic ideals of Israel without taking this social feature into consideration first. But slaves were comparatively few in Israel, and the slave trade can never have been extensive, since no slave markets are mentioned in the Old Testament. Moreover the social state of the country made owners of slaves share in the slaves' work, and that of itself prevented the growth of the worst abuses. But the most powerful element in making the lot of the slave tolerable was undoubtedly the just and pitiful character of the Israelite religion.

The fundamental position with regard to him was, however, the common one: he was the property of his master. He could be sold, pledged, given away as a present, and inherited, and could even be sold to foreigners. But a female slave, if taken as a subordinate wife, could not be sold, but only freed if she ceased to occupy that position. Exclusive of the Canaanites, subject to forced labor, and the Nethinim, the servants of the Sanctuary, who occupied much the same place as the servi publici in Rome, there were two classes of slaves, non-Israelites and Israelites. The ways in which a non-Israelite slave could come into Israelite hands were just what they were elsewhere. They might be prisoners of war, they might be purchased from traveling merchants, they might voluntarily have sold themselves from poverty in a strange land, or might have been sold for debt, and finally they might be children born of slaves. Their lot was of course the hardest. Yet even they were not so entirely unprotected by the law as slaves were among Greeks and Romans. They were recognized as men, having certain general human rights. The master had no right to kill; and if he maimed his slave he had to give him his freedom, according to the oldest law. Exodus 16:20 f. The law regarding the killing of a slave has often been quoted as singularly harsh, especially that clause which says that if a slave when fatally smitten lives for some days after the blow, his death shall not be avenged, "for he is his (the master's) money." But it ought, notwithstanding the harshness of the expression, to be judged quite otherwise. The fact that death was not immediate was taken to indicate that death was not intended, and consequently the loss of the slave was thought a sufficient punishment. But the prohibition of the deliberate murder of a slave was a humane provision which could not be paralleled in the Graeco-Roman world. Moreover these laws would not seem to have been widely called into action. The humane spirit became so general in Israel that slaves were generally well treated. In Proverbs 29:21 overindulgence to a slave is deprecated, as if it were a common error; and during the whole history there is no mention of evils resulting from cruel treatment of slaves, much less any record of servile insurrection. Nor is there very frequent mention even of runaway slaves. On the other hand, we read of slaves who were stewards of their masters' houses; others probably were entrusted with the charge of the education of children.

In Deuteronomy we find, as we should expect, that the movement towards humanity in dealing with slaves is greatly furthered. In Deuteronomy 21:10 ff. the hardship of a woman's lot when she was taken captive in war is mitigated with sympathetic insight. To modern women of the Western world the lot of such a one seems so dreadful that no mitigation of it can make any difference. The current teaching among even religious men is that rather than submit to it a woman is justified in suicide. But in antiquity the personality of woman was undeveloped, the chances of life constantly passed her from one master to another, and things intolerable now were tolerable then. Making even these allowances, however, if we look at the law of the Old Testament as being in all its provisions and ab initio Divine, it seems impossible to praise it. A law which graciously permitted a captive woman to mourn for her people for a month, and only then allowed her captor to marry her, but if he wished afterwards to get rid of her provided that he should not sell her, but should let her go whither she would, cannot be said to be in itself compassionate. But, if the customary law of the Israelite tribes, restrained and purified by the higher spirit, be regarded as the basis of Old Testament legislation, then the leaven of religion and humanity can be seen working nobly, and in a manner worthy of revelation, even in such cases as these. Long after the Christian era we see what the ordinary fate of a captive woman was, in the conduct of Khalid the "sword of the Lord," one of the first great Mohammedan soldiers. When he had captured Malik ibn Noweira, who had resisted Islam, along with his wife, he gave orders which led to Malik's death, and the same night he married his widow. Shortly afterwards, at the battle of Yemama, he demanded the daughter of his captive, Mojda, and married her, as the Caliph wrote in reproof, "whilst the ground beneath the nuptial couch was yet moistened with the blood of twelve hundred." Horrors like these Deuteronomy forbids. The frenzied moments of a captive's first grief are respected, and some tenderness is shown to woman in a world where her lot at its best had always in it possibilities which cannot now be even thought of with equanimity. The same steady pressure to a nobler form of life is likewise seen in the Deuteronomic law dealing with the case of a foreign slave who had taken refuge in Israel. Deuteronomy 23:15 f. In the words, "Thou shalt not deliver unto his master the slave which is escaped from his master unto thee; he shall dwell with thee, in the midst of thee, in the place which he shall choose within one of thy gates, where it liketh him best; thou shalt not oppress him," we have, thus early, the same legislation which it is the peculiar boast of England to have introduced into the modern world. "Slaves cannot breathe in England," and the moment they touch British soil in any part of the world they are free. This was the case with the land of Israel according to the Deuteronomic conception of what it ought to be.

But the highest points of privilege come to the non-Israelite slave in a way which disturbs the modern conscience, for they came by means of compulsion in religion. In contrast to the day laborer and the "Toshab" or sojourner, the slave must be of his master's religion. For a heathen, however, that was not a difficulty. His gods were gods of his land; and when he left his land and was carried into a foreign country, he had no scruple about worshipping the god of the new land. A typical case of this is found in the narrative 2 Kings 17:1, where the immigrants whom the king of Assyria had settled in Samaria after Israel had been carried captive besought him to send some one to teach them how to worship Yahweh. This adoption of the master's religion secured equality of slave and free to a degree which could not otherwise have been attained, and brought the slaves fully within the humanity of the Hebrew law. It gave them the Sabbath. Deuteronomy 5:14 It gave a full share in all the religions festivals and a part in the sacrificial feasts (Deuteronomy 12:12; Deuteronomy 16:2; Deuteronomy 16:14). Such slaves were, in fact, fully adopted into the family of God, and became brethren, poorer and more unfortunate, but still brethren, of their masters. They had indeed no claim to freedom, as Israelite slaves had; they were slaves in perpetuity. But their slavery was of a kind that did not degrade them beneath the condition of man.

With regard to Israelite slaves the beneficence of the law was naturally still greater. The fullest statement in regard to them is found, not in Deuteronomy, but in Leviticus 25:39; but in the main we may suppose that in its larger outlines the distinction between Israelite and non-Israelite slaves there insistent on was always acknowledged. They were not to be thrust down into the lowest depth of slavery, and they were not to be set to the lowest kinds of labor, rather to that which hired laborers were wont to do, because they were of the children of Israel, of the nation whom Yahweh had brought out of the house of bondage. Further, they had a right to emancipation every seventh year, that is to say, whenever they had served six full years they could claim freedom in the seventh. Their original property was meant to be restored to them in the Sabbatic year, and so their degradation could last only for a very limited time. In Exodus 21:2 ff. we find the original provisions concerning the Israelite slave. Deuteronomy simply took these up, and modified them in certain respects. It extends all that Exodus says of the slave to the female slave also, and, in its care for and understanding of the difficulties of the poor, enacts that a slave when set free shall receive a fresh start in life from the cattle, the barn, and the winepress of the former owner. But this anticipation of discharged prisoners' aid societies was too high a demand upon a faithless generation. Even Jeremiah could not get it carried out; and the probability is that none but the most spiritually minded of the Jews ever regarded it as binding law.

The leave which love of Yahweh inspired spread still more widely. It took in not only the poor and the slave, but it took account also of the lower animals. It has been often made a reproach to Christianity that it makes no such appeal on behalf of the lower creation as Buddhism does. But that reproach (like the kindred one brought by J. S. Mill, that in comparison with the Quran the New Testament is defective in not pressing civil duty) is tenable only if the New Testament be absolutely severed from the Old. Taken as the completion of the moral and religious development begun in Israel, Christianity takes up into itself all the experience, and all the teaching by example, which the Old Testament contains. It does not repeat it, because to the first Christians the Old Testament was the Divinely inspired guide. It was at first their whole Bible, and to take the New Testament by itself as an independent product is to mutilate both the Old and the New. When the Old Testament, therefore, enjoins kindness to animals we may set down all that it prescribes to the credit of Christianity. So much, at least, the latter must be held to teach; and if we consider the spirit as well as the letter of this law, there is no exaggeration in saying that it covers all the ground. Here, as in the case of slaves and the poor, the fundamental reason for kindness is relation to God. In the Yahwist's narrative in Genesis 2:1 all creatures are formed by God, and God Himself shows kindness to them. Indeed in passages like Psalms 36:7, as Cheyne well remarks, there is an implication "that morally speaking there is no complete break of continuity in the scale of sentient life," and that, as is seen by passages like Jeremiah 21:6, and Isaiah 4:11, the mild domesticated animals "are in fact regarded as a part of the human community." In the Decalogue the animals that labor with and for man have their share in the Sabbath rest, and the produce of the fields during the Sabbatic year Exodus 23:11 Leviticus 25:7 is to be for them as well as for the poor. That they were mere machines of flesh and blood, to be driven till they were worn out, and were then to be cast aside, seems never to have occurred to the Israelite mind. These helpful creatures had made a covenant with man, and had a share in the consideration which the sons of Israel were taught to have for one another. In reaching that attainment Israel had reached the only effective ground for dealing with animals, as Cheyne says, "without inhumanity and without sentimentalism." The individual prescriptions of Deuteronomy emphasize and bring down these principles into the practical life. It is probable that the precept not to seethe a kid in its mother's milk Deuteronomy 14:21 was, in part at least, a law of kindness, founded upon a reverential, feeling for the parental relationship even in this lower sphere. The command in Deuteronomy 22:6 is certainly so. We read there: "If a bird's nest chance to be before thee in the way, in any tree or on the ground, with young ones or eggs, and the dam sitting upon the young, or upon the eggs, thou shalt not take the dam with the young; thou shalt in any wise let the dam go, but the young thou mayest take unto thyself; that it may be well with thee, and that thou mayest prolong thy days." Evidently the ground of sympathy here is the existence and the sacredness of the parental relationship. The mother bird is sacred as a mother; and length of days is promised to those who regard the sanctity of motherhood in this sphere, as it is promised to those who observe the fifth commandment of the Decalogue. Thus intimately the lower creation is drawn into the human sphere.

The only other precepts under this head are that a fallen animal is always to be lifted, Deuteronomy 22:4 and the ox is not to be muzzled when it is treading out the corn. Deuteronomy 25:4 These were ordinary prescriptions of humanity, but they too rest upon the sympathetic identification of the sufferings and wants of all sentient beings with those of mankind. It may be objected, however, that St. Paul denies that the last precept really was due to pity for the oxen. In 1 Corinthians 9:9, referring to it, he says, "Is it for the oxen that God careth, or saith He it altogether for our sake? Yea, for our sake it was written." But there is no real contradiction here. It is quite impossible that a devout Jew like St. Paul did not believe that God's "tender mercies are over all His works." Psalms 145:9 He would have been false to all his training had he not accepted that as a fundamental axiom. His apparent denial does not refer at all to the historic fact that the precept was given because of God's care for oxen. It only signifies that, when taken in its highest sense, it was meant to form character in men. St. Paul argues, as Alford says, "that not the oxen, but those for whom the law was given, were its objects. Every duty of humanity has for its ultimate ground, not the mere welfare of the animal concerned, but its welfare in that system of which man is the head, and therefore man's welfare." In fact St. Paul understood the Old Testament as we have seen it demands to be understood, and places the duty of kindness to animals in its right relation to man.

In all relations, therefore, Deuteronomy insists that life's main principle shall be love illumined by sympathy. Beginning with God and giving man's unquiet heart a firm anchorage there, it commands that all creatures about us shall be embraced in the same sympathizing tenderness. It forbids us to look upon any of them as mere instruments for our use, for all of them have ends of their own in the loving thought of God. God is for it the great unifying, harmonizing power in the world, and from a right conception of Him all right living flows. If the New Testament asks with wonder how a man who loves not his brother whom he hath seen can love God whom he hath not seen, the Old Testament teaches with equal emphasis the complementary truth that he who loves not God whom he hath not seen will never love as he ought his brother whom he hath seen. For to it Yahweh is the first and last word; and all the growth in kindness, gentleness, consideration, and goodness which can be traced in the revelation given to Israel, has its source in a conception of the Divine character which from the first was spiritual, and was moreover unique in the world.