The Laws and the Death of Moses

When forty years were complete, less thirty days, Moses called an assembly beside the Jordan, where the city of Abila now stands, a place full of palm trees. When all the people had come together, he spoke to them as follows: [a]

“Israelites, and fellow soldiers who have shared this long and hard journey with me: it is now the will of God, and old age at a hundred and twenty requires it, that I should depart from this life. And God has forbidden me to be your protector or helper in what remains to be done beyond the Jordan. Even so, I thought it right not to give up my efforts for your happiness even now, but to do my utmost to secure for you the lasting enjoyment of good things, and a memorial for myself when you are enjoying great plenty and prosperity. So come, let me show you how you may be happy and may leave a lasting and prosperous possession of it to your children after you — and then let me leave the world. I deserve to be believed by you, both because of the great things I have already done for you, and because souls about to leave the body speak with the most sincere freedom. [b]

“Children of Israel, there is only one source of happiness for all mankind: the favor of God. He alone is able to give good things to those who deserve them and to take them away from those who sin against him. If you behave toward him according to his will, and according to what I — who understand his mind well — urge you to do, you will be counted blessed and admired by all men. You will never fall into misfortune, nor cease to be happy. You will keep the good things you already have and quickly gain those you still lack — only obey those whom God wants you to follow. Do not prefer any other constitution to the laws now given you. Do not disregard the way of worshiping God that you now have, nor exchange it for any other form. If you do this, you will be the most courageous of all men in enduring the hardships of war, and none of your enemies will easily conquer you. For while God is present to help you, you can expect to despise the opposition of all mankind. And great rewards of virtue are set before you, if you keep that virtue through your whole lives. Virtue itself is the chief and the first reward, and after that it brings an abundance of others; so your practice of virtue toward one another will make your own lives happy, make you more glorious than foreigners can be, and win you an undisputed reputation with posterity. You will be able to gain these blessings if you listen to and keep the laws which I have laid down for you by divine revelation — that is, if you also think deeply about the wisdom that is in them.

“I am leaving you myself, rejoicing in the good things you enjoy. I commend you to the wise guidance of your law, to the fitting order of your commonwealth, and to the virtues of your commanders, who will look after what is to your advantage. And God, who has been your Leader until now, and by whose goodwill I have myself been of use to you, will not bring his care over you to an end now. As long as you want him as your Protector in your pursuit of virtue, so long will you enjoy his care. Your high priest Eleazar, and Joshua, with the council of elders and the heads of your tribes, will go before you and give you the best advice; by following it you will continue to be happy. Listen to them without reluctance, knowing that all who know well how to be governed will also know how to govern, if they are ever raised to that authority themselves. And do not think that liberty consists in opposing the directions your rulers see fit to give you — as at present you place your liberty in nothing else but abusing your benefactors. If you can avoid that error in time to come, your affairs will be in a better state than they have been until now. Never give way to such passion in these matters as you often have when you were very angry with me; for you know that I have been in danger of death more often from you than from our enemies.

“I remind you of this not to reproach you. I do not think it right, now that I am leaving the world, to bring it to mind in order to leave you offended with me; for at the time I suffered those hardships from you, I was not angry with you. I do it to make you wiser from now on, and to teach you what will keep you safe: never wrong those who are set over you, even when you have grown rich — as you will be to a great degree once you have crossed the Jordan and are in possession of the land of Canaan. For once your wealth has carried you as far as contempt and disregard for virtue, you will also lose the favor of God. And when you have made him your enemy, you will be beaten in war, and your enemies will take from you again the land you possess, with great disgrace to you for your conduct. You will be scattered over the whole world, and as slaves you will fill both sea and land. And once you have experienced what I am now telling you, you will repent and remember the laws you have broken — when it is too late.

“So I advise you, if you intend to keep these laws, to leave none of your enemies alive when you have conquered them. Count it to your advantage to destroy them all, so that you do not let them live and then get a taste of their ways and corrupt your own institutions. I further urge you to overthrow their altars, their groves, and whatever temples they have among them, and to burn them all with fire — their nation and its very memory. For only in this way can the safety of your own happy constitution be firmly secured. And to keep you from ignorance of virtue, and your nature from sinking into vice, I have also laid down laws for you by divine prompting, and a form of government, so good that if you keep them faithfully, all men will count you the happiest of peoples.”

When he had said this, he gave them the laws and the constitution of their government, written in a book. At this the people burst into tears. They already felt how badly they would miss their leader, for they remembered how many dangers he had gone through and what care he had taken to keep them safe. They despaired over what would happen to them after his death; they thought they would never have another ruler like him, and feared that God would take less care of them once Moses, who used to plead for them, was gone. They also regretted what they had said to him in the wilderness when they were angry, and grieved over it, so that the whole people wept so bitterly that no words could comfort them in their distress. Moses, however, gave them some comfort. He turned their thoughts away from how much he deserved their weeping and urged them to keep to the form of government he had given them. Then the assembly was dismissed for that time.

So I will now first describe this form of government, which was worthy of the dignity and virtue of Moses. In this way I will let those who read these Antiquities know what our original institutions were, and then I will go on to the rest of the history. Those institutions are all still in writing, as he left them. We will add nothing by way of ornament, nor anything beyond what Moses left us. The only innovation we will make is to arrange the different kinds of laws into a regular system; for he left them in writing scattered, just as they happened to be delivered, and as he learned each of them from God when he inquired. I have thought it necessary to make this point at the outset, so that none of my own countrymen should blame me for having done wrong here. Part of our constitution, then, will include the laws that belong to our political state. The laws Moses left about our ordinary dealings and relations with one another I have kept for a treatise on our way of life and the reasons for those laws, which, with God’s help, I mean to write after I have finished the work I am now engaged in. [e]

When you have taken possession of the land of Canaan and have leisure to enjoy its good things, and when you have afterward decided to build cities, then if you do what pleases God, your happiness will be secure. Let there be one holy city in the land of Canaan, set in the most pleasant place for its goodness, and very eminent in itself; and let it be the one God chooses for himself by prophetic revelation. Let there be one temple in it, and one altar, built not of hewn stones but of stones gathered as they are found; when these are whitewashed with plaster, they will look handsome and be beautiful to see. Let the ascent to it be not by steps but by a slope of raised earth. And let there be neither an altar nor a temple in any other city; for God is one, and the nation of the Hebrews is one. [f] Whoever blasphemes God is to be stoned. Let him hang on a tree all that day, and then be buried in a dishonorable and obscure way.

Let those who live as far away as the borders of the land the Hebrews will possess come to the city where the temple is, and this three times a year, to give thanks to God for his past benefits and to ask him for those they will need in future. And by these meetings and feasts together let them keep up friendly relations with one another. For it is a good thing for those who are of the same stock, and under the same laws, not to be unacquainted with each other. Such acquaintance is kept up by spending time together, by seeing and talking with one another, and so renewing the memory of their union; for if they do not keep company in this way continually, they will seem like mere strangers to one another. Set aside a tenth of your produce, besides what you have assigned to the priests and Levites. This is to be sold in your home districts, but used for the feasts and sacrifices to be celebrated in the holy city. For it is right that you should enjoy the fruits of the earth that God gives you to possess in a way that honors the giver. [h]

You are not to offer sacrifices paid for out of the earnings of a woman who is a prostitute, for the Deity is not pleased with anything that comes from such abuses of nature, and none of them is worse than this prostitution of the body. In the same way, if anyone takes a fee for the mating of a dog, whether a hunting dog or a sheepdog, he may not sacrifice to God from it. [i] Let no one blaspheme the gods that other cities regard as gods. No one may steal what belongs to foreign temples, or take away the gifts dedicated to any god. [j] None of you is to wear a garment made of wool and linen, for that is reserved for the priests alone. [k]

When the people are gathered in the holy city to sacrifice, every seventh year at the Feast of Tabernacles, let the high priest stand on a high platform where he can be heard, and let him read the laws to all the people. Do not keep the women or the children from hearing — no, nor the slaves either. For it is a good thing that these laws should be engraved on their souls and kept in their memories, so that it may never be possible to erase them. In this way they will not sin, since they cannot plead ignorance of what the laws command. The laws will also carry greater authority among them, since they foretell what people will suffer if they break them, and by this hearing they impress on their souls what they command them to do — so that the intent of the laws may always be present in their minds — the intent which, if they disregard it, makes them wrongdoers and the cause of their own punishment. Let the children also learn the laws as the first thing they are taught. It will be the best thing they can be taught, and the cause of their future happiness. [l] Let everyone remember before God the benefits he gave them at their deliverance from the land of Egypt, and do so twice every day — when the day begins and when the hour of sleep comes on. Gratitude is by its very nature a just thing, and it serves not only as a return for past favors but also as an invitation to future ones. They are also to inscribe on their doors the chief blessings they have received from God, and show the same remembrance of them on their arms. They are to wear on their head and their arm the wonders that declare God’s power and his goodwill toward them, so that God’s readiness to bless them may be plainly seen everywhere around them. [n]

Let seven men govern each city, men who have already shown themselves most zealous in the practice of virtue and justice. Let each magistrate be given two assistants from the tribe of Levi. Let those chosen to judge in the various cities be held in great honor. Let no one be allowed to insult others in their presence, or to behave insolently toward them; for it is natural that reverence for those in high office among men should produce fear and reverence toward God. Let the judges be allowed to decide as they think right — unless someone can show that they have taken bribes to pervert justice, or can bring some other charge against them showing that they have passed an unjust sentence. For verdicts must not be given out of regard for gain or for the rank of the parties; the judges must value what is right above all else. Otherwise God will be despised by this, and counted inferior to those whose power was feared and so produced the unjust sentence. For justice is the power of God; whoever gratifies those of high rank, then, supposes them more powerful than God himself. But if the judges are unable to give a just verdict in the cases that come before them — which happens often enough in human affairs — let them send the case undecided to the holy city, and there let the high priest, the prophet, and the council of elders decide as seems good to them. [o] A single witness is not to be believed, but three, or at least two, and those whose testimony is confirmed by their good lives. Do not admit the testimony of women, because of the frivolity and presumption of their sex. Nor let slaves give testimony, because of the baseness of their souls; for it is likely that they will not tell the truth, either from hope of gain or from fear of punishment. If anyone is believed to have given false witness, then when he is convicted, let him suffer the very same punishment that the man he testified against would have suffered. [q]

If a murder is committed somewhere and the killer is not found, and no one is suspected of having hated the man and so killed him, let a very careful search be made for the killer, with rewards offered to anyone who will reveal him. But if still no information can be obtained, let the magistrates and council of elders of the cities near the place where the murder was committed meet together and measure the distance from the place where the body lies. Then let the magistrates of the nearest city buy a heifer and bring it to a valley, to a place in it unfit for plowing or planting, and let them cut the heifer’s sinews. Then the priests and Levites and the council of elders of that city are to take water and wash their hands over the heifer’s head, and declare openly that their hands are innocent of this murder, and that they neither did it themselves nor were present when it was done. They are also to pray to God to be merciful to them, so that no such horrible act may ever again be done in that land. [r]

Aristocracy, and the way of life under it, is the best constitution. May you never have any desire for another form of government. May you always love this one, and have the laws as your masters, and govern all your actions by them; for you need no supreme ruler but God. But if you want a king, let him be one of your own nation. Let him always care for justice and the other virtues. Let him submit to the laws and regard God’s commands as his highest wisdom. But let him do nothing without the high priest and the judgment of the council of elders. Let him not have a great number of wives, nor pursue great wealth, nor a multitude of horses, by which he might grow too proud to submit to the laws. And if he reaches for such things, let him be restrained, so that he does not become so powerful that his position is at odds with your welfare. [s] Let it not be considered lawful to move boundary markers — neither our own, nor those of people with whom we are at peace. Take care not to remove those landmarks, which are, as it were, a sacred and unshakable limit of rights, set by God himself to last forever. For this crossing of limits and gaining ground on others is what leads to wars and civil strife; and those who move boundaries are not far from trying to overturn the laws.

Whoever plants a piece of land whose trees bear fruit before the fourth year is not to bring any firstfruits from it to God, nor use that fruit himself, for it is not produced in its proper season. When nature is forced at an unseasonable time, the fruit is fit neither for God nor for the owner’s use. But let the owner gather everything that grows in the fourth year, for then it is in its proper season. And let him who has gathered it carry it to the holy city and spend it, together with the tithe of his other produce, in feasting with his friends, and with the orphans and the widows. In the fifth year the fruit is his own, and he may use it as he pleases. You are not to sow seed in a piece of land planted with vines; it is enough that it nourishes that plant, without being worn out by plowing as well. You are to plow your land with oxen, and not force other animals under the same yoke with them, but till your land with animals of the same kind as each other. The seed is also to be pure and unmixed, not made up of two or three kinds, since nature does not delight in the union of things that are not alike in their nature. Nor are you to let animals of different kinds breed together; for there is reason to fear that this unnatural abuse may spread from animals of different kinds to men, though it begins with wrong practices in such smaller matters. Nothing is to be allowed by whose imitation any degree of subversion might creep into the constitution. The laws do not neglect even small matters, but provide that these too be managed blamelessly.

Let those who reap and gather in the harvested grain not gather the gleanings too, but rather leave some handfuls for those who lack the necessities of life, to support and supply them so that they can live. In the same way, when they harvest their grapes, let them leave some smaller bunches for the poor; and when they harvest the olive trees, let them pass over some of the fruit and leave it to be shared by those who have none of their own. For the owners will not gain as much from gathering every last bit as they will from the gratitude of the poor. And God will make the land more ready to nourish its fruits, if you do not merely look after your own advantage but have regard for the support of others as well. [t]

Nor are you to muzzle the oxen when they tread out the grain on the threshing floor; for it is not just to keep our fellow laborers, who work to produce this fruit, from the fruit of their labors. Nor are you to forbid those who pass by when your fruit is ripe to touch it. Let them eat their fill as if it were their own, whether they are of your own country or foreigners; be glad of the chance to give them some share of your fruit when it is ripe; but let it not be thought lawful for them to carry any away. Nor let those who gather the grapes and carry them to the winepresses keep those they meet from eating them; for it is unjust, out of envy, to keep those who want them from sharing the good things that come into the world by God’s will — and this while the season is at its height and hurrying away. Indeed, it would please God if they even urged those who are too shy to touch the fruit to take some — Israelites as partners and owners, because of the kinship between them, and men who have come from other countries as guests, to accept the gifts of hospitality that God has given in their season. For what anyone shares with another out of kindness is not to be counted as wasted, since God gives men plenty of good things not only so that they may enjoy the benefit themselves, but also so that they may give to others generously. And by this means he wishes to make known to others his special kindness to the people of Israel, and how freely he shares happiness with them, while they freely share out of their great abundance even with these foreigners.

But whoever acts against this law is to be given forty lashes less one with the public whip. Let him undergo this punishment, which is a most disgraceful one for a free man, because he was such a slave to gain as to stain his own dignity. For it is right that you, who have experienced the afflictions in Egypt and those in the wilderness, should provide for those in similar circumstances; and now that you have gained plenty yourselves through the mercy and providence of God, you should share that same plenty, with the same fellow feeling, with those who need it.

Besides the two tithes which I have already said you are to pay every year — the one for the Levites, the other for the festivals — you are to bring a third tithe every third year, to be distributed to those in need, and to women who are widows and children who are orphans. As for the ripe fruits, let them carry what ripens first of all into the temple. When they have blessed God for the land that bore it, which he gave them as a possession, and have also offered the sacrifices the law commands them to bring, let them give the firstfruits to the priests. And when anyone has done this, and has brought the tithe of all he has, together with the tithes for the Levites and for the festivals, and is about to go home, let him stand before the holy house and give thanks to God for delivering them from the harsh treatment they suffered in Egypt, and for giving them a good land, and a large one, and letting them enjoy its fruits. And when he has openly declared that he has fully paid the tithes according to the laws of Moses, let him ask God to be always merciful and gracious to him, and to continue so to all the Hebrews, both by preserving the good things he has already given them and by adding whatever else it is in his power to give them. [v]

Let the Hebrews marry, at a suitable age, virgins who are free and born of good parents. A man who does not marry a virgin is not to seduce another man’s wife and marry her, grieving her former husband. Nor may free men marry slaves, however strongly their affections may incline any of them to it; for what is decent and befits their rank should master their craving. Further, no one ought to marry a prostitute, whose wedding sacrifices God will not accept, because of the outrage done to her body. For in this way the dispositions of the children will be noble and virtuous — that is, when they are not born of shameful marriages, or of a union driven by a craving unworthy of free people. [w]

If someone has been betrothed to a woman as a virgin and afterward does not find her to be one, let him bring his case and accuse her, using whatever evidence he has to prove his charge; and let the girl’s father or brother, or whoever is her nearest relative after them, defend her. If the girl wins a verdict that she was not guilty, let her live with the husband who accused her, and let him have no further power at all to send her away, unless she gives him very strong grounds for suspicion, and such as cannot in any way be refuted. But the man who brings an accusation and slander against his wife impudently and rashly is to be punished with forty lashes less one, and is to pay fifty shekels to her father. But if the girl is convicted of having been corrupted, and she is one of the common people, let her be stoned, because she did not keep her virginity until she was lawfully married; and if she was the daughter of a priest, let her be burned alive.

If a man has two wives and greatly respects and is kind to one of them — out of affection for her, or for her beauty, or for some other reason — while the other is less valued by him; and if the son of the beloved wife is younger by birth than a son born of the other, but tries to obtain the birthright through his father’s kindness to his mother, and so to obtain a double share of his father’s estate (for that double share is what I have assigned to the firstborn in the laws) — this is not to be allowed. For it is unjust that the one who is elder by birth should be deprived of what is due to him when the father disposes of his estate, because his mother was not equally regarded by him.

If a man has seduced a girl betrothed to another man, and she consented, let both him and her be put to death, for they are both equally guilty: the man, because he persuaded the woman to submit willingly to a most impure act and to prefer it to lawful marriage; the woman, because she let herself be persuaded to be corrupted, whether for pleasure or for gain. But if a man comes upon a woman when she is alone and forces her, where no one was present to come to her help, let him alone be put to death. Let a man who has seduced a virgin not yet betrothed marry her; but if the girl’s father is not willing for her to be his wife, let him pay fifty shekels as the price of her violation.

A man who wants to divorce his wife for any cause whatever — and many such causes arise among men — must give her a written assurance that he will never treat her as his wife again. In this way she will be free to marry another husband, though she is not permitted to do so before this bill of divorce is given. But if she is mistreated by the second husband too, or if, when he is dead, her first husband wants to marry her again, it will not be lawful for her to return to him.

If a woman’s husband dies and leaves her without children, let his brother marry her, and let him call the son born to him by his brother’s name and raise him as heir to his inheritance. This practice will benefit the public, because families will not die out and the estate will remain among the kindred; and it will comfort wives in their affliction that they are to be married to the nearest relative of their former husbands. But if the brother will not marry her, let the woman come before the council of elders and declare openly that this brother will not accept her as his wife, but is wronging the memory of his dead brother, while she is willing to remain in the family and bear him children. When the elders have asked him why he is unwilling to marry her, whether the reason he gives is slight or weighty, the matter must end like this: the woman is to untie the brother’s sandals and spit in his face, and say that he deserves this disgraceful treatment from her for having wronged the memory of the dead man. Then let him go out from the council of elders and carry this disgrace with him all his life long, and let her marry whomever she pleases of those who seek her in marriage.

Now if a man takes a woman captive, either a virgin or one who has been married, and wants to marry her, he is not to be allowed to take her to his bed or to live with her as his wife until she has shaved her head, put on mourning clothes, and lamented her relatives and friends who were killed in the battle. In this way she may give vent to her grief for them, and after that turn to feasting and marriage. For it is good for a man who takes a woman in order to have children by her to be considerate of her inclinations, and not merely to pursue his own pleasure while having no regard for what is agreeable to her. When thirty days have passed as the time of mourning — for that is enough for sensible women to lament their dearest friends — then let them proceed to the marriage. But if, once he has satisfied his craving, he is too proud to keep her as his wife, he is not to have the power to make her a slave; let her go wherever she pleases, with the rights of a free woman.

As for young men who despise their parents and do not honor them, but insult them — either because they are ashamed of them or because they think themselves wiser than they are — first of all, let their parents admonish them in words, for by nature they have authority enough to be their judges. Let them tell him that they came together not for the sake of pleasure, nor to increase their wealth by joining their property, but so that they might have children to take care of them in their old age and supply what they would then need. And let them say further to him: “When you were born, we took you up with gladness and gave God the greatest thanks for you. We raised you with great care, and spared nothing that seemed useful for your safety and for your instruction in what is most excellent. And now, since it is reasonable to forgive the sins of the young, let it be enough that you have given so many signs of your contempt for us. Reform yourself, and act more wisely from now on. Remember that God is displeased with those who are insolent toward their parents, because he is himself the Father of the whole human race, and seems to share in the dishonor that falls on those who bear the same name when they do not receive due return from their children. On such the law inflicts a merciless punishment. May you never experience it.” [aa]

Now if the insolence of young men is cured in this way, let them escape the reproach their former errors deserved; for in this way the lawgiver will appear good, and parents happy, since they never see either a son or a daughter brought to punishment. But if these words and instructions, given to reclaim the young man, prove useless, and the offender makes the laws his implacable enemies by his continued outrages against his parents, let him be brought out of the city by these very parents, with a crowd following him, and there let him be stoned. When he has remained there for one whole day, so that all the people may see him, let him be buried at night. This is how we bury all whom the laws condemn to die, for whatever cause. Let our enemies who fall in battle also be buried. Let no dead body lie above ground, or suffer a punishment beyond what justice requires.

Let no one lend at interest to any Hebrew, neither interest on what is eaten nor on what is drunk; for it is not just to profit from the misfortunes of one of your own countrymen. Rather, when you have helped him in his need, count it your gain if you win his gratitude — and with it the reward that will come to you from God for your kindness to him. Those who have borrowed either silver or any kind of produce, whether dry or liquid (once what God has given them has turned out as they hoped), are to bring them back and return them gladly to those who lent them — as if storing them up in their own treasuries, and rightly expecting to receive them back from there if they should need them again. But if they are shameless and do not repay, the lender is not to go to the borrower’s house and take a pledge himself before judgment has been given about it. Let him stand outside and ask for the pledge, and let the debtor bring it out himself, without the least resistance to one who comes to him under the protection of the law. If the one who gave the pledge is rich, let the creditor keep it until what he lent is repaid; but if he is poor, let the one who took it return it before sunset, especially if the pledge is a garment, so that the debtor may have it as a covering while he sleeps — God himself by nature showing mercy to the poor. It is also not lawful to take a millstone, or any tool belonging to it, as a pledge, so that debtors may not be deprived of the means of getting their food, and may not be ruined by their need. [ab]

Let death be the punishment for stealing a man. But whoever has stolen gold or silver is to pay double. If anyone kills a man who is stealing something from his house, let him be held guiltless, even if the man was only breaking in through the wall. Whoever has stolen cattle is to pay four times what was lost, except in the case of an ox, for which the thief is to pay five times. Whoever is so poor that he cannot pay the fine laid on him is to become the slave of the one he was ordered to pay. If anyone is sold to one of his own nation, let him serve him six years, and in the seventh let him go free. But if he has children by a slave woman in his buyer’s house, and because of his goodwill toward his master and his natural affection for his wife and children he wants to remain a slave, let him be set free only when the year of jubilee comes, which is the fiftieth year; and then let him take his children and wife away with him, and let them be free also. [ac]

If anyone finds gold or silver on the road, let him look for the one who lost it and announce the place where he found it, and then give it back to him, not thinking it right to profit from another’s loss. The same rule is to be kept with cattle found strayed into a lonely place. If the owner is not found at once, let the finder keep it with him, and call God to witness that he has not taken what belongs to another. It is not lawful to pass by any animal in distress, when it has fallen into the mud in a storm; you must try to save it, as sharing in its pain. It is also a duty to show the way to those who do not know it, and not to treat it as a joke when we hinder other people’s interests by sending them the wrong way. In the same way, let no one insult someone who is absent, or one who is mute. [ad]

If in a fight where no iron weapon is used a man is struck and dies on the spot, let him be avenged by the one who struck him suffering the same. But if he is carried home and lies sick many days and then dies, let the one who struck him go unpunished. If the one who was struck escapes death but is put to great expense for his cure, the one who struck him must pay for all that was spent during his illness, and for all he paid the physicians. Whoever kicks a pregnant woman so that she miscarries is to pay a fine of money, as the judges decide, for having reduced the population by destroying what was in her womb; and money is also to be given to the woman’s husband by the one who kicked her. But if she dies of the blow, let him also be put to death, since the law judges it fair that life should go for life. [ae] Let no Israelite keep any poison that can cause death or any other harm. If he is caught with it, let him be put to death, and suffer the very harm he would have brought on those for whom the poison was prepared. [ag] Whoever maims anyone is to suffer the same himself, and lose the same limb he deprived the other of — unless the one who was maimed is willing to accept money instead. For the law makes the sufferer the judge of the value of what he has suffered and allows him to set it, unless he chooses to be more severe. [ah]

Let the owner of an ox that gores with its horn kill it. But if it gores and kills someone on the threshing floor, let it be put to death by stoning, and let it not be considered fit to eat. And if its owner is convicted of having known its nature without keeping it shut up, let him also be put to death, as the cause of the ox’s killing a man. But if the ox has killed a male or a female slave, let it be stoned, and let the ox’s owner pay thirty shekels to the master of the one who was killed. But if it is an ox that is struck and killed in this way, let both oxen — the one that struck the other and the one that was killed — be sold, and let their owners divide the price between them. [ai] Let those who dig a well or a pit take care to lay planks over it and so keep it closed — not to stop anyone from drawing water, but so that no one may be in danger of falling in. But if anyone’s animal falls into a well or pit dug in this way and not covered, and dies, let the owner of the pit pay its price to the owner of the animal. Put a parapet around the roofs of your houses to serve as a wall, to keep anyone from rolling off and being killed.

Let whoever has received anything in trust for another keep it as a sacred and holy thing. Let no one devise any scheme to deprive the one who entrusted it to him of it — whether that person is a man or a woman — no, not even if he could gain an immense sum of gold by it, and where no one could convict him of it. For it is right that a man’s own conscience, which knows what he has, should in every case oblige him to do right. Let this conscience be his witness, and make him always act in a way that wins him praise from others; but above all let him have regard for God, from whom no wicked man can hide. But if the one entrusted, through no deceit of his own, loses what was entrusted to him, let him come before the seven judges and swear by God that nothing was lost willingly or with wicked intent, and that he has not used any part of it, and so let him leave without blame. But if he has used even the smallest part of what was entrusted to him, and it is lost, let him be condemned to repay all that he received. As with deposits, so too if anyone withholds the wages of those who labor for him with their bodies: let him be detested. And let it always be remembered that we are not to withhold a poor man’s wages, knowing that God has assigned these wages to him in place of land and other possessions. Indeed, this payment is not to be delayed at all, but made that very day, since God does not want the laborer to be deprived of the immediate use of what he has worked for. [aj]

You are not to punish children for the faults of their parents. Rather, because of their own virtue, grant them pity for having been born of wicked parents, instead of hatred for having been born of bad ones. Nor indeed ought we to blame fathers for the sins of their children, since young people indulge in many practices different from what they have been taught, out of a proud refusal of such instruction. Shun the galli, and avoid any company with men who have deprived themselves of their manhood, and of that power of generation which God has given men for the increase of their kind. Let such men be driven away as if they had killed their children, since they have destroyed in advance what would have produced them. For it is plain that since their soul has become effeminate, they have passed that effeminacy on to their body too. Treat in the same way everything that is monstrous to look at. Nor is it lawful to castrate men or any other animals. [ak]

Let this be the constitution of your political laws in time of peace, and God will be merciful enough to keep this excellent arrangement free from disturbance. May the time never come that makes any innovation in it and changes it into its opposite. But since it must happen that mankind falls into troubles and dangers, whether unintentionally or on purpose, come, let us make a few regulations about these, so that, knowing beforehand what ought to be done, you may have sound counsel ready when you need it, and not be obliged to go looking for what to do at that moment, and so be caught unprepared and fall into danger. May God grant that you — a people who make light of hardship and have trained your souls in virtue — may possess the land he has given you without wars, with no foreigners making war on it and afflicting you, and no internal strife seizing it, by which you might act against your fathers and lose the laws they established. And may you continue to keep the laws that God has approved and handed down to you. [am]

Let all warfare, whether it comes upon you now in your own time or later in the time of your descendants, be carried on outside your own borders. When you are about to go to war, send embassies and heralds to those who have made themselves your enemies by their own choice; for it is right to use words with them before you take up the weapons of war. Assure them through these that although you have a large army, with horses and weapons — and, above these, a God who is merciful to you and ready to help you — you nevertheless ask them not to force you to fight against them, nor, by taking what is theirs, to make a gain that you do not want. If they listen to you, it will be right for you to keep peace with them. But if they trust in their own strength as greater than yours and will not do you justice, lead your army against them, with God as your supreme Commander, but electing as his lieutenant one man, the most courageous among you; for several commanders, besides being an obstacle to actions that must be done suddenly, are a disadvantage to those who use them.

Lead an army that is pure, of chosen men, made up of all who have exceptional strength of body and toughness of soul; but send away the fearful, so that they do not run away in the time of action and so give an advantage to your enemies. Also give leave to stay in their own country to those who have recently built houses and have not yet lived in them a year; to those who have planted and have not yet tasted the fruit; and to those who are betrothed or have recently married — so that they do not care so much for these things that they become too sparing of their lives, and by saving themselves for these pleasures become deliberate cowards for the sake of their wives.

When you have pitched your camp, take care to do nothing cruel. And when you are engaged in a siege and need timber for making siege engines, do not strip the land bare by cutting down trees that bear fruit. Spare them, remembering that they were made for the benefit of men, and that if they could speak they would have a just complaint against you: though they are not the cause of the war, they are unjustly treated and suffer in it, and if they were able, they would move themselves to another land. When you have beaten your enemies in battle, kill those who have fought against you, but keep the others alive so that they may pay you tribute — except for the nation of the Canaanites; for that people you must destroy entirely. Take care, especially in your battles, that no woman wear a man’s clothing, nor a man a woman’s garment.

This was the form of political government that Moses left us. He had also already handed down laws in writing in the fortieth year, which we will discuss in another book. On the following days — for he called them together continually — he gave them blessings, and curses on those who would not live by the laws but would break the duties laid down for them to observe. After this he read them a poetic song, composed in hexameter verse, and left it in a book in the sanctuary. It contained a prediction of what was to happen afterward; and everything has happened in agreement with it all along, and still happens to us, and in it he has not departed from the truth at all. He then handed these books to the priests, together with the ark, in which he also placed the ten commandments, written on two tablets. He handed over the tabernacle as well. [an]

He urged the people that when they had conquered the land and were settled in it, they should not forget the wrongs the Amalekites had done them, but should make war on them and punish them for the harm they did them in the wilderness. And when they had taken possession of the land of the Canaanites, and had destroyed the whole multitude of its inhabitants, as they ought to do, they were to set up an altar facing the rising sun, not far from the city of Shechem, between the two mountains — Gerizim, lying on the right hand, and the one called Ebal, on the left. The army was to be divided so that six tribes stood on each of the two mountains, and with them the Levites and the priests. First, those on Mount Gerizim were to pray for the best blessings on those who were diligent in the worship of God and the keeping of his laws, and who did not reject what Moses had said to them; and the others were to wish them every kind of happiness too. When these in turn offered the same prayers, the first group praised them. After this, curses were to be pronounced on those who would break the laws, the two sides answering one another in turn to confirm what had been said. Moses also wrote down their blessings and their curses, so that they would learn them so thoroughly that length of time could never make them forget. And when he was about to die, he wrote these blessings and curses on the altar, on each side of it, where he says the people also stood and then sacrificed and offered burnt offerings — though after that day they never offered any other sacrifice on it, for it was not lawful to do so. These are the institutions of Moses, and the Hebrew nation still lives by them.

On the next day Moses called the people together in assembly, with the women and children, so that even the slaves were present, so that they might bind themselves by oath to keep these laws; and that, rightly weighing God’s meaning in them, they might never — whether out of favor to their kindred, or fear of anyone, or for any motive at all — think that anything should be preferred to these laws, and so break them. And they were to swear that if anyone of their own blood, or any city, should try to upset or dissolve their constitution, they would take vengeance on them, both all together and each person individually; and when they had conquered them, they would overturn their city to its very foundations and, if possible, not leave the least trace of such madness; but that if they were not able to take such vengeance, they would still show that what was done was against their will. So the people bound themselves by oath to do this.

Moses also taught them how their sacrifices might be most acceptable to God, and how they should go out to war, using the stones for their guidance, as I explained earlier. Joshua also prophesied while Moses was present. When Moses had gone over everything he had done for the people’s preservation, both in their wars and in peace, and had composed a body of laws for them and given them an excellent form of government, he foretold, as God had revealed to him, that if they broke that institution for the worship of God they would suffer these miseries: their land would be full of the weapons of their enemies, their cities would be overthrown and their temple burned, and they would be sold as slaves to men who would have no pity on them in their afflictions; and then they would repent, when that repentance would do them no good in their sufferings. Then he said: “Yet the God who founded your nation will restore your cities to your citizens, and your temple too; and you will lose these advantages not once only, but often.” [ap]

When Moses had encouraged Joshua to lead the army out against the Canaanites, telling him that God would help him in all his undertakings, and had blessed the whole multitude, he said: “Since I am going to my forefathers, and God has decided that this should be the day of my departure to them, I give him thanks while I am still alive and present with you — for the providence he has exercised over you, which has not only delivered us from the miseries we lay under but has given us a state of prosperity; and also because he has helped me in the labors I undertook, and in all the plans I made in my care for you to better your condition, and has shown himself favorable to us on every occasion. Or rather, it was he who first directed our affairs and brought them to a happy end, using me as his lieutenant, and as a servant in those matters in which he wished to do you good. For this reason I think it right to bless that divine power which will take care of you in time to come — both to repay the debt I owe him, and to leave behind me a reminder that we are bound to worship and honor him, and to keep those laws which are the most excellent gift of all he has already given us, or will give us hereafter if he continues favorable to us. Even a human lawgiver is a terrible enemy when his laws are insulted and made of no effect. May you never experience the displeasure of God that will follow the neglect of these laws, which he himself brought into being and gave you.” [aq]

When Moses had spoken in this way at the end of his life, and had foretold what would happen afterward to each of their tribes, adding a blessing for them, the people burst into tears — so much that even the women showed their deep distress at his approaching death by beating their breasts. The children lamented even more, unable to contain their grief, and so showed that even at their age they understood his virtue and his mighty deeds. There truly seemed to be a contest between the young and the old over who should grieve for him most. The old grieved because they knew what a careful protector they were about to lose, and so lamented their future state. The young grieved not only for that, but also because it had so happened that they were to be left by him before they had properly tasted his virtue. One may guess the extremity of the people’s sorrow and lamentation from what happened to the lawgiver himself. Although he had always been convinced that he ought not to be downcast at the approach of death, since undergoing it was in keeping with the will of God and the law of nature, what the people did so overcame him that he wept himself. [ar]

As he went from there to the place where he was to vanish from their sight, they all followed him, weeping. But Moses waved his hand to those who were far from him, telling them to stay behind quietly, while he urged those near him not to make his departure so mournful. They felt they ought to grant him this favor and let him depart as he himself wished, so they held themselves back, though still weeping with one another. Only the council of elders escorted him, along with Eleazar the high priest and Joshua their commander. As soon as they reached the mountain called Abarim — a very high mountain lying opposite Jericho, which gives those on it a view of most of the excellent land of Canaan — he dismissed the council of elders. And as he was about to embrace Eleazar and Joshua, and was still talking with them, a cloud suddenly stood over him, and he vanished in a certain valley. Yet he wrote in the holy books that he died; this was done out of fear that they might venture to say that, because of his extraordinary virtue, he had gone to God.

Moses lived a hundred and twenty years in all, and for a third of that time, less one month, he was the people’s ruler. He died in the last month of the year, which the Macedonians call Dystrus and we call Adar, on the first day of the month. He surpassed all men who ever lived in understanding, and made the best use of what that understanding suggested to him. He had a most graceful way of speaking and of addressing the people. As for his other qualities, he had such full command of his passions that it was as if he hardly had any in his soul and knew them only by their names, perceiving them in other men rather than in himself. He was also a general such as is seldom seen, and a prophet such as was never known — so much so that whatever he spoke, you would think you heard the voice of God himself. The people mourned for him thirty days. No grief ever affected the Hebrews so deeply as this one at the death of Moses. And not only did those who had experienced his leadership long for him, but those who read the laws he left behind also felt a strong longing for him, and learned from them the extraordinary virtue he possessed. Let this be enough about the manner of the death of Moses. [as]