all men, and especially for those whose occupation is in the fields and woods: thus Jacob said, “I have oxen, asses, and flocks." (Gen. xxxii, 5.) Whereas horses and camels are confined to certain countries, and possessed only by a few distinguished persons. The neck of the firstling of an ass was to be broken, that the owner might be induced the more readily to redeem it, (Exod. xiii, 13) as it is said, "The command of redemption precedes the command of decollation."

The precepts enumerated in our tract of the year of Redemption (45) and Jubilee (46) are given partly in mercy to men in general, and for their comfort and rest: "Six years shalt thou sow thy land, and shalt gather in the fruits thereof: but the seventh year thou shalt let it rest and be still that the poor of thy people may eat;" (Exod. xxiii, 10, 11;) and that the land, by being thus left untilled and suffered to rest, might become more productive :-partly from special kindness to the slaves and the poor by the remission of debts and the manumission of slaves :-partly to provide for the perpetual support and maintenance of the people; as, for instance, that the land should never be sold so as to be utterly alienated from the original owners, but remain the property of a man and his heirs for ever,-"The land shall not be sold for ever." (Exod. xxv, 23.)

Similar reasons to those already adduced for alms-giving, exist also for the precept respecting Estimations, (47) and Things devoted to sacred

purposes. (Levit. xxvii.) For some of them relate to the priests, and others of them to the repairing and restoring of the House of God; and, in general, all of them have a tendency to lead men to liberality, and instead of giving place to avarice, to contemn riches for the glory of God; the greater part of the evils and misfortunes which happen among men, arising from avarice and ambition, or too great an eagerness to amass wealth.

In like manner, if we properly consider the precepts relating to Borrowing and Lending, and examine them particularly, we shall find them all directed to the same point, that mercy, beneficence, and clemency may be exercised towards the poor, and that no one may be destitute of the necessaries of life, as, "No man shall take the nether or the upper millstone to pledge: for he taketh a man's life to pledge." (Deut. xxiv, 6.) (48)

The precepts which refer to Servitude and Slaves, have also a similar object, the promotion of piety and mercy to the poor; of which it is no mean proof, that it was commanded to liberate a Canaanitish slave when he had lost any member by ill usage, even if it were but a tooth; (Exod. xxi. 26, 27;) that he might not be afflicted, at the same time, with both slavery and such an infirmity or defect. We have also shown in the Mishna Thorah, that it was not lawful to strike him with any thing but a strap or a reed, or some similar instrument; and that if his master struck him with these so as to kill

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

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

CHAPTER XV.

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

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

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

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