nts,
adultery and incest. In the case of thief of other things it
inflicted punishment by indemnification: while in the case of blows
and mutilation it authorized punishment by retaliation; and likewise
for the sin of bearing false witness. In other faults of less degree
it prescribed the punishment of stripes or of public disgrace.
The punishment of slavery was prescribed by the Law in two cases.
First, in the case of a slave who was unwilling to avail himself of
the privilege granted by the Law, whereby he was free to depart in
the seventh year of remission: wherefore he was punished by remaining
a slave for ever. Secondly, in the case of a thief, who had not
wherewith to make restitution, as stated in Ex. 22:3.
The punishment of absolute exile was not prescribed by the Law:
because God was worshipped by that people alone, whereas all other
nations were given to idolatry: wherefore if any man were exiled from
that people absolutely, he would be in danger of falling into
idolatry. For this reason it is related (1 Kings 26:19) that David
said to Saul: "They are cursed in the sight of the Lord, who have
cast me out this day, that I should not dwell in the inheritance of
the Lord, saying: Go, serve strange gods." There was, however, a
restricted sort of exile: for it is written in Deut. 19:4 [*Cf. Num.
35:25] that "he that striketh [Vulg.: 'killeth'] his neighbor
ignorantly, and is proved to have had no hatred against him, shall
flee to one of the cities" of refuge and "abide there until the death
of the high-priest." For then it became lawful for him to return
home, because when the whole people thus suffered a loss they forgot
their private quarrels, so that the next of kin of the slain were not
so eager to kill the slayer.
Reply Obj. 11: Dumb animals were ordered to be slain, not on account
of any fault of theirs; but as a punishment to their owners, who had
not safeguarded their beasts from these offenses. Hence the owner was
more severely punished if his ox had butted anyone "yesterday or the
day before" (in which case steps might have been taken to avoid the
danger) than if it had taken to butting suddenly.--Or again, the
animal was slain in detestation of the sin; and lest men should be
horrified at the sight thereof.
Reply Obj. 12: The literal reason for this commandment, as Rabbi
Moses declares (Doct. Perplex. iii), was because the slayer was
frequently from the nearest city: wherefore the slaying of the
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