Myśl Żydowska do Powtórzonego Prawa 23:17

In reference to the law concerning the first-born of man and cattle it is distinctly said, “And it came to pass, when Pharaoh would hardly let us go, that the Lord slew all the first-born in the land of Egypt, etc., therefore I sacrifice to the Lord,” etc. (Exod. 13:15). But it can easily be explained why only cattle, sheep, and asses are mentioned in this law; these are kept as domestic animals, and are found in most places, especially in Palestine, where the Israelites were shepherds, they, their fathers, and forefathers; comp. “Thy servants are shepherds, both we and also our fathers” (Gen. 47:3). Horses and camels, however, are not wanted by shepherds, and are not found in all places; thus in the booty of Midian (Num. xxxi.) no other animals are mentioned but oxen, sheep, and asses. But asses alone are indispensable to all people, especially to those who are engaged in the field or in the forest. Thus Jacob says, “I have oxen and asses” (Gen. 32:5). Camels and horses are not possessed by many people, but only by a few, and are only found in a few places. The law that the first-born of an ass was to have its neck broken [in case it is not redeemed], will only ensure the redemption of the ass. It has, therefore, been said that the act of redeeming the ass is to be preferred to that of breaking its neck.

The precepts contained in “the laws concerning slaves” (Hilkot ‘abadim), likewise prescribe only acts of pity, mercy and kindness to the poor. It is an act of mercy to give liberty to a Canaanite servant for the loss of one of his limbs (Exod. 21:26, 27), in order that he should not suffer from slavery and illness at the same time. The law applies even to the case that a tooth of a slave has been knocked out, much more to the mutilation of other limbs. He could only be corrected with a rod or reed or the like, as we have stated in Mishneh-torah. Besides, if the master strikes the slave too hard and kills him, he is punished with death as for ordinary murder. Mercy is also the object of the law, “Thou shalt not deliver unto his master the servant that is escaped from his master” (Deut. 23:15); but it teaches besides a very useful lesson, namely, that we must always practise this virtue, help and protect those who seek our help, and not deliver them unto those from whom they flee; and it is not sufficient to give assistance to those who are in need of our help; we must look after their interests, be kind to them, and not hurt their feeling by words. Thus the Law says: “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 vex him” (ibid. ver. 16). This we owe to the lowest among men, to the slave; how much more must we do our duty to the freeborn, when they seek our assistance? But, on the other hand, when sinners and evildoers seek our help, it must not be granted; no mercy must be shown to them, and the course of justice must not be interfered with, even if they claim the protection of that which is noblest and highest; for “Thou shalt take him from mine altar that he may die” (Exod. 21:14). Here a person comes to seek the help of God, and claims the protection of that which is devoted to his name; God, however, does not help him, and commands that he be delivered up to the prosecutor, from whom he fled. Much less need any one of us help or pity his fellow-men [under such circumstances]; because mercy on sinners is cruelty to all creatures. These are undoubtedly the right ways designated “righteous statutes and judgments” (Deut. 4:8), and different from the ways of the fools, who consider a person praiseworthy when he helps and protects his fellow-men, without discriminating between the oppressor and the oppressed. This is well known from their words and songs.

Professional harlots were therefore not tolerated in Israel (Deut. 23:18), because their existence would disturb the above relationship between man and man. Their children are strangers to everybody; no one knows to what family they belong; nor does any person recognize them as relatives. And this is the greatest misfortune that can befall any child or father. Another important object in prohibiting prostitution is to restrain excessive and continual lust; for lust increases with the variety of its objects. The sight of that to which a person has been accustomed for a long time does not produce such an ardent desire for its enjoyment as is produced by objects new in form and character. Another effect of this prohibition is the removal of a cause for strife; for if the prohibition did not exist, several persons might by chance come to one woman, and would naturally quarrel with each other; they would in many cases kill one another, or they would kill the woman. This is known to have occurred in days of old, “And they assembled themselves by troops in a harlot’s house” (Jer. 5:7). In order to prevent these great evils, and to effect the great boon that all men should know their relationship to each other, prostitutes (Deut. 23:17) were not tolerated,