Category:De specialibus legibus (text)

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De specialibus legibus / The Special Laws is one of Philo's Works.

Synopsis

BOOK 1

• Introduction: Why circumcision should not be ridiculed (1-11)

(a) It prevents diseases (b) It secures the cleanliness of the body (c) It makes apparent the circumcision of the heart (d) It helps procreation

Two allegorical reasons:

(a) It is a symbol of the excision of the pleasures which delude the mind (9) (b) It is a symbol of a man's knowing himself.

• First and Second Commandment

There are people who have mistaken the subordinates for the Ruler or the created for the uncreated (20), while there is only one God, the Creator and Ruler of the universe.

The existence of God is suggested to us by the work God has done, which requires a Maker (34-35).

Although we cannot fully "see" God (as we cannot fully see the sun with our bodily eyes), we have to investigate God's character with your mind's eyes.

Proselytes are welcome on a equal level as those who are born in the family (51ff), even though some Gentiles deserve death for their blasphemy against the one God, as the example of Phinehas demonstrates

The priesthood is the highest office, as the universe is the Temple of God (66ff). The Logos is the image of God. It is according to this image that the world was made (81). The twelve stones of the High Priest's dress are a symbol of the zodiac (87). The priest are serving on behalf of the entire humankind, of the entire cosmos. It is therefore just that the lives of priests are regulated by special laws and that the priests receive special honor (including taxes)

The levites (156ff) are second only to the priests.

[Our rationale spirit has been fashioned after the archetypal model of the divine image (171)]

A long description of sacrifices follows. God created everything for a purpose. God is not pleased by the sacrifices, but by the attitude of those who sacrifice (277).

The two names of God refer to his beneficent power (THEOS) and to his punishing power (KYRIOS) (307).

God is benevolent toward the Proselytes (308ff), the orphans and the widows, but the wicked are excluded (such as effeminates, and harlots).

BOOK 2 (Colson Synopsis)

• The Third Commandment (1-38).

While swearing at all is to be deprecated, since the simple word should be enough, to swear by parents or heaven and the like is better than using God's name (1-5), which many do recklessly (6-8). When swearing is necessary the oath must be performed, if it can be lawfully (9). To call God to witness a falsehood is impious (10-11). Criminal or vindictive oaths, however, should not be performed (12-17). Philo then condemns the arrogant swearing of the extravagant rich and contrasts them with others who though rich live simply (18-23). He discusses vows and particularly the rule by which widows, unlike virgins and wives, cannot cancel a vow (24-25). This is susceptible of an allegorical interpretation (28-31). This is interrupted by 26-27, which returns to the subject of perjury and the penalties for the perjurer and his accomplices. The Pentateuchal regulations for assessing votive offerings are then discussed, when the votary offers (a) himself (32-34), (b) an animal (35-36), (c) a house (37-38).

• The Fourth Commandment (39-222).

Philo begins with a sketch of the way in which he proposes to treat the subject (39), followed by some remarks on the sacred number Seven (41), and a list of the ten feasts (41).

The first feast is the feast of every day. This conception, that the ideal life of the true philosopher is one continuous feast, is worked out with much eloquence (42-49).

The second feast, the Sabbath itself, after some further remarks on the mystical properties of Seven (56-59), is set forth partly as a necessary respite from toil (60), but still more as a time for exercising the soul in contrast to the body (61-64). The prohibition of fire (65), and the extension of the rest to servants (65-68), and to cattle (69-70) are noted. With the Sabbath we may associate other institutions which bear witness to the sanctity of Seven: (a) the cancellation of debts in the seventh year (71-73), and this leads to a denunciation of lending money on interest in general (74-78); (b) liberation of slaves in the same year, which provides an occasion for the lesson of treating slaves humanely (79-85); (c) the same lesson, that consideration should be shewn not only by masters to servants, but by rulers to subjects is taught by the "sabbatical year," which leaves the land fallow in the seventh year (86-103), and also by throwing the fields open encourages generosity to the poor (104-109); (d) the same applies to the fiftieth year, in which estates return to the original owners (110-115), with special regulations about houses (116-121) and debtors and purchased slaves (122-123). This is followed by some general remarks (for the connexion see note on § 124) about the laws of inheritance (124-132), and the right of primogeniture (133-139).

The third feast is the New Moon, and some observations on the place of the moon in the system of things is subjoined (140-144). Fourth is the Passover, a feast in which each layman acts as priest, interpreted by Philo as the "Crossing" from the passions to wisdom (145-149). Fifth is "Unleavened Bread," and reasons are given for the time at which it occurs and the nature of the food enjoined (150-161). Sixth, the offering of the "Sheaf," is combined with the two just mentioned. Philo takes this first offering of the harvest in the double aspect of a thank-offering, (a) for the whole world (162-167), and (b) for Israel, acknowledging how much the harvest owes to nature rather than man (168-175).

Seventh is the Feast of Weeks or Pentecost (179-187). Eighth is the opening of the sacred month, or Feast of Trumpets (188-192). Ninth the Fast or Day of Atonement (193-203). Tenth the Feast of Tabernacles (204-214). All these are accompanied by a number of reflections on their origin and significance. Besides these there is the rite of offering the "Basket," for which no date can be fixed (215-222).

• The Fifth Commandment (223-241).

The claims of parents are justified on the grounds that their position as Creators is analogous to that of God, and that they are the seniors, the benefactors, the rulers and the absolute masters or owners of their children (223-236). But the commandment also enjoins respect to age in general (237-238), and also the duty of parents to avoid undue indulgence (239-241).

The treatise concludes with declaring death to be the appropriate punishment for disobedience, to the Fifth (242-248), the Fourth (249-251), the Third (252-254), the Second and First (255-256). The rewards for obedience, except the Fifth, for which a definite reward is mentioned, are to be found in the thought that virtue is its own reward (257-262).

BOOK 3 (Colson Synopsis)

This treatise opens with an impassioned lamentation over the public business and troubles, which have debarred Philo in the past from his beloved studies, and an expression of his thankfulness that he now has some respite (1-5).

• The Sixth (LXX) Commandment.

We begin with some general thoughts on the need of continence even in marriage, and the gravity of the crime of adultery (7-11). Intercourse with a mother is mentioned with horror, and Philo traces to this practice the troubles rife among the Persians (12-19). But the law condemns no less marriage with a step-mother (20-21), with a sister (22-25), and forbids it with others less closely related, such as a wife's sister (26-28), and with an alien (29). It also strictly refuses to allow a woman who has been divorced and then married another to return to her first husband (31-31). There must be no intercourse during menstruation (32-33), and Philo himself disapproves of marriage with a woman known to be barren (34-36).

Graver matters are pederasty, popularly treated with a favour which Philo deplores (37-43), and bestiality which he illustrates with the story of Pasiphaë (48-50). A harlot, too, is worthy of death (51).

Speaking of adultery itself, he gives a full account of the test laid down in Numbers for the suspected wife (52-63). The penalties for rape or seduction of a widow or maiden are stated (64-71), and also for intercourse with a maiden betrothed to another (72-78), and for slander by a husband impugning the virginity of his bride (79-82).

• The Seventh (LXX) Commandment.

Murder is sacrilege and deserves the utmost penalty (83-85), and attempted murder is as bad (86-87). Murderers must not be allowed sanctuary in the temple (88-91). While unpremeditated homicide may be less heinous (92), no mercy must be shewn to poisoners (93-99), and with them may be classed magicians, though there is a higher magic (100-103). Returning to the subject of unpremeditated homicide, as in a sudden quarrel, he notes the law which enacted that if the sufferer did not die at once, his opponent would not suffer the extreme penalty (104-107). From the law as stated in the LXX, that a miscarriage caused by a blow was a capital crime if the child was fully formed (108-109), he draws the inference that the exposure of infants is murder, and inveighs very feelingly against the cruelty of the practice (110-119).

He then turns to the law which enables the involuntary homicide to fly to the "Cities of Refuge." He dwells on the hint given in Exodus, that the death of the man thus killed was divinely ordained, and suggests that these Levitical Cities were privileged because of the conduct of the Levites in slaughtering the calf-worshippers, which story he repeats at length (120-129). In connexion with this he discusses the meaning of the provision that the homicide must remain there till the death of the high priest (130-136).

Next we have laws dealing with cases where death is caused by a master beating a slave (137-143), or by a vicious bull left unguarded (144-14.6), or a pit left uncovered (147-148), or a roof left without a parapet (149).

The insistence of the law that murder must be punished with death is emphasized by the order that the body is to be prominently exhibited for a time (150-152).

No one is to suffer death as a substitute for the criminal, and here he enlarges on the cruelty shewn in attempts to extort taxes from the relatives of the debtors, and in laws which inflict death on the families of political offenders (153-168).

We now come to assaults not actually causing death. The decree in Deuteronomy that the woman who makes an indecent assault is to lose her hand gives rise to reflections on the modesty demanded of women (169-177), followed by an allegorical interpretation of the law (178-180). Punishment for violence must correspond with the crime (181-183). The law of "an eye for an eye" leads to a disquisition on sight as the channel of wisdom (184-191), and the eye as expressing the phases of the mind (192-194), though the law is modified in the case of a slave. Similarly "a tooth for a tooth" is justified by the indispensability of the teeth for maintaining life (195-204).

In conclusion he recurs to murder itself and argues that by holding contact with a corpse to cause uncleanness, the law shews its horror of the crime of taking life.

BOOK 4 (Colson Synopsis)

• The Eighth (LXX) Commandment.

Note that robbery with violence is a worse crime than mere stealing, which is punished by a two-fold restitution, so if the thief cannot pay he may be sold into temporary slavery (2-4). Some considerations follow showing that this is not too severe (5-6). A housebreaker caught in the act may be killed in the nighttime, but in daylight the ordinary legal process must be observed (7-10). Also the law provides a higher rate of compensation, if sheep and, still more, if oxen are stolen, reckoned, Philo thinks, according to the services they render to mankind (11-12). Kidnapping is another worse form of stealing, especially if the sufferer is an Israelite (13-19). Damage done by the trespassing of other people's cattle, or by fire started carelessly, also calls for compensation (20-29). Then follows an account of the complicated procedure laid down by the law when anything deposited or lent is stolen from the depositary or borrower (30-38). And this part concludes with shewing how stealing leads up to other crimes culminating in perjury (39-40).

• The Ninth commandment.

We begin with false witness in the literal sense, but pass almost at once to the thought that assent to evil, especially when it arises from subservience to the multitude, comes under the same head (41-47). And so do the deceits of the practisers of divination, which is really false witness against God (48-54). So, too, does any dereliction on the part of judges, who must remember the sacredness of their office (55-58). Three of their special duties are emphasized by the law. First, not to listen to idle reports (59-61). Secondly, to receive no gifts, even if no injustice results. To do this is to forget that just and honest actions may be vitiated by being done with dishonest motives (62-66). This leads to a digression on the supreme importance of truthfulness and how it is often lost by bad associations in childhood and how it is symbolized in the place given to it on the breastplate of the high priest (67-69). Thirdly, the judge must not respect persons but must consider only the facts (70-71). And the particular injunction not in giving judgement to show mercy to the poor causes him to point out that the law calls also on the possessor of any authority to remember his weaker brethren and only means that the guilty cannot plead poverty to escape from punishment (72-77).

• The Tenth Commandment.

The commandment "Thou shalt not desire" leads to a long disquisition, much of it repeating what was said of it in De Decalogo on the evils which spring from the desire of what one has not got (79-94). The lawgiver realizing this showed the necessity of restraining concupiscence by regulating, as an example, one particular form, the appetite for food and drink (95-97). He did this, first, by demanding the first fruits (98-99). Secondly, by the dietary laws on the use of the flesh of beasts, fishes and fowls (100-101). All carnivorous beasts are on the prohibited list, and only ten species, which divide the hoof and chew the cud, are allowed (102-104). An allegorical explanation of these two qualifications follows (105-109). Of fishes only such that have scales and fins are permitted, and again an allegorical explanation is given (110-112). So also creeping things with few exceptions (113-115), predatory birds (116-118), flesh of animals that have died a natural death or been torn by wild beasts (119-121) are forbidden. Eating strangled animals and taking blood and fat are also forbidden (122-125). The need of restraint is illustrated from the story of the quails and the visitation that followed that craving for flesh (126-131).

• Conclusion

So much for the particular laws falling under one or other of the Ten Commandments, but the cardinal virtues belong to all the ten, and we must note how these virtues are exemplified in various laws. For piety, wisdom or prudence and temperance, this has been done sufficiently. There remain three others, justice, courage or fortitude and humanity or kindness. The rest of this treatise is concerned with the exemplification of justice (132-135). We need not here repeat what was said about judges and law-courts when treating the ninth commandment, but before going on to our subject, we give some general thoughts on justice (136). First, there is the injunction to record the laws in the heart, on the hand and before the eyes and on the doors and on the gates (137-142). Secondly, that nothing is to be added or taken away, which may be taken to suggest that each virtue is a mean, which must not be allowed to degenerate into the extremes on the other side (143-148). Thirdly, that in the law, "not to remove the landmarks which thy forefathers set up," we may see a command to observe the unwritten law of custom (149-150).

Now for the exemplification of justice. First, as seen in the ruler or king. He must not be chosen by lot, a system which we see in ordinary matters to be absurd (151-156), but by election by the people, confirmed by God, and this ruler is not to be a foreigner (157-159). The ruler must copy out and study the law and its principles (160-169). Thirdly, he must follow the example of Moses in appointing subordinates to decide minor cases, but reserve the greater for himself (170-175). And the greater are those which concern not great people but the weak and helpless, the stranger, the widow and the orphan (176-178). And as orphanhood is the condition of the Jews as a nation (179-182), the ruler must use no guile but hold himself to be the father of his people (183-187). But the ruler or judge may sometimes find cases too difficult for him, in which case they are to be referred to the priests (188-192). Leaving the duties of the ruler, we have the following general rules of justice. There must be complete honesty in commerce (193-194). Wages must be paid on the same day (195-196). The deaf and the blind are not to be ill-treated (197-202). The ordinances about mating different species, ploughing with ox and ass together, and wearing garments of mixed material and sowing the vineyard to bear two kinds of fruit, are treated as rules of justice (203-207). This last is discussed at greater length as injustice to the land like the violation of the sabbatical year (208-218). Next we have the laws of warfare, willingness to make terms, severity if they are not accepted, but mercy to the women (219-225), and joined with this is the prohibition of destroying the fruit-trees (226-229). The treatise concludes with the praises of justice, the daughter of that equality which is the general principle of all life as well as of the cosmic system (230-238).