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THE LESSER LAW (continued).

Part IV.

xxii. 16—xxiii. 19.

The Fourth section of this law within the law consists of enactments, curiously disconnected, many of them without a penalty, varying greatly in importance, but all of a moral nature, and connected with the well-being of the state. It is hard to conceive how the systematic revision of which we hear so much could have left them in the condition in which they stand.

It is enacted that a seducer must marry the woman he has betrayed, and if her father refuse to give her to him, then he must pay the same dower as a bridegroom would have done (xxii. 16, 17). And presently the sentence of death is launched against a blacker sensual crime (19). But between the two is interposed the celebrated mandate which doomed the sorceress to death, remarkable as the first mention of witchcraft in Scripture, and the only passage in all the Bible where the word is in the feminine form—a witch, or sorceress; remarkable also for a far graver reason, which makes it necessary to linger over the subject at some length.



“Thou shalt not suffer a sorceress to live.”—xxii. 18.

The world knows only too well what sad and shameful inferences have been drawn from these words. Unspeakable terrors, estrangement of natural sympathy, tortures and cruel deaths, have been inflicted on many thousands of the most forlorn creatures upon earth (creatures who were sustained in their sufferings by no high ardour of conviction or fanaticism, not being martyrs but simply victims), because it was held that Moses, in declaring that witches should not live, affirmed the reality of witchcraft. No sooner did the argument cease to be dangerous to old women than it became formidable to religion; for now it was urged that, since Moses was in error about the reality of witchcraft, his legislation could not have been inspired.

What are we to say to this?

In the first place it must be observed that the existence of a sorcerer is one thing, and the reality of his powers is quite another. What was most sad and shameful in the mediæval frenzy was the burning to ashes of multitudes who made no pretensions to traffic with the invisible world, who frequently held fast their innocence while enduring the agonies of torture, who were only aged and ugly and alone. Upon any theory, the prohibition of sorcery by the Pentateuch was no more answerable for these iniquities than its other prohibitions for the lynch law of the backwoods.

On the other hand, there were real professors of the black art: men did pretend to hold intercourse with 350 spirits, and extorted great sums from their dupes in return for bringing them also into communion with superhuman beings. These it is reasonable to call sorcerers, whether we accept their professions or not, just as we speak of thought-readers and of mediums without being understood to commit ourselves to the pretensions of either one or other. In point of fact, the existence, in this nineteenth century after Christ, of sorcerers calling themselves mediums, is much more surprising than the existence of other sorcerers in the time of Moses or of Saul; and it bears startling witness to the depth in human nature of that craving for traffic with invisible powers which the law prohibited so sternly, but the roots of which neither religion nor education nor scepticism has been able wholly to pluck up.

Again, from the point of view which Moses occupied, it is plain that such professors should be punished. They are virtually punished still, whenever they obtain money under pretence of granting interviews with the departed. If we now rely chiefly upon educated public opinion to stamp out such impositions, that is because we have decided that a struggle between truth and falsehood upon equal terms will be advantageous to the former. It is a subdivision of the debate between intolerance and free thought. Our theory works well, but not universally well, even under modern conditions and in Christian lands. And assuredly Moses could not proclaim freedom of opinion, among uneducated slaves, amid the pressure of splendid and of seductive idolatries, and before the Holy Ghost was given. To complain of Moses for proscribing false religions would be to denounce the use of glass for seedlings because the full-grown plant flourishes in the open air.

Now, it would have been preposterous to proscribe 351 false religions and yet to tolerate the sorcerer and the sorceress. For these were the active practitioners of another worship than that of God. They might not profess idolatry; but they offered help and guidance from sources which Jehovah frowned upon, rival sources of defence or knowledge.

The holy people was meant to grow up under the most elevating of all influences, reliance upon a protecting God, Who had bidden His children to subdue the world as well as to replenish it, and of Whom one of their own poets sang that He had put all things under the feet of man. Their true heritage was not bounded by the strip of land which Joshua and his followers slowly conquered; to them belonged all the resources of nature which science, ever since, has wrested from the Philistine hands of barbarism and ignorance. And this nobler conquest depended upon the depth and sincerity of man’s feeling that the world is well-ordered and stable and the heritage of man, not a chaos of various and capricious powers, where Pallas inspires Diomed to hunt Venus bleeding off the field, or where the incantations of Canidia may disturb the orderly movements of the skies. Who could hope to discover by inductive science the secrets of such a world as this?

The devices of magic cut the links between cause and effect, between studious labour and the fruits which sorcery bade men to steal rather than to cultivate. What gambling was to commerce, that was witchcraft to philosophy, and the mischief no more depended on the validity of its methods than upon the soundness of the last device for breaking the bank at Monte Carlo.

If one could actually extort their secrets from the 352 dead, or win for luxury and sloth a longer life than is bestowed upon temperance and labour, he would succeed in his revolt against the God of nature. But the revolt was the endeavour; and the sorcerer, however falsely, professed to have succeeded; and preached the same revolt to others. In religion he was therefore an apostate, and in the theocracy a traitor against the King, one whose life was forfeited if it was prudent to exact the penalty.

And when we consider the fascination wielded by such pretensions, even in ages when the stability of nature is an axiom, the dread which false religions all around and their terrible rituals must have inspired, the superstitious tendencies of the people and their readiness to be misled, we shall see ample reasons for treading out the first sparks of so dangerous a fire.

Beyond this it is vain to pretend that the law of Moses goes. It was right in declaring the sorcerer and the sorceress to be real and dangerous phenomena. It never declared their pretensions to be valid though illegitimate. And in one noteworthy passage it proclaims that a real sign or a wonder could only proceed from God, and when it accompanied false teaching was still a sign, though an ominous one, implying that the Lord would prove them (Deut. xiii. 1—3). This does not look very like an admission of the existence of rival powers, inferior though they might be, who could interfere with the order of His world.

Sorcery in all its forms will die when men realise indeed that the world is His, that there is no short or crooked way to the prizes which He offers to wisdom and to labour, that these rewards are infinitely richer and more splendid than the wildest dreams of magic, and that it is literally true that all power, in earth as 353 well as heaven, is committed into the Hands which were pierced for us. In such a conception of the universe, incantations give place to prayers, and prayer does not seek to disturb, but to carry forward and to consummate, the orderly rule of Love.

The denunciation of witchcraft is quite naturally followed, as we now perceive, by the reiteration of the command that no sacrifice may be offered to any god except Jehovah (20). Strange and hateful offerings were an integral part of witchcraft, long before the hags of Macbeth brewed their charm, or the child in Horace famished to yield a spell.


xxii. 21, xxiii. 9.

Immediately after this, a ray of sunlight falls upon the sombre page.

We read an exhortation rather than a statute, which is repeated almost literally in the next chapter, and in both is supported by a beautiful and touching reason. “A stranger shalt thou not wrong, neither shall ye oppress him: for ye were strangers in the land of Egypt.” “A stranger shall ye not oppress, for ye know the heart of a stranger, seeing ye were strangers in the land of Egypt” (xxii. 21, xxiii. 9).

The “stranger” of these verses is probably the settler among them, as distinguished from the traveller passing through the land. His want of friends and ignorance of their social order would place him at a disadvantage, of which they are forbidden to avail themselves, either by legal process (for the first passage is connected with jurisprudence), or in the affairs of common life. But the spirit of the commandment 354 could not fail to influence their treatment of all foreigners; and simple and commonplace though it appear to us, it would have startled many of the wisest and greatest peoples of antiquity, and would have fallen as strangely upon the ears of the Greeks of Pericles, as of the modern Bedouin, with whom Israel had kinship. A foreigner, as such, was a foe: to wrong him was a paradox, because he had no rights: kinship, or else alliance or treaty was required to entitle the weaker to any better treatment than it suited the stronger to allow.

Yet we find a precept reiterated in this Jewish code which involves, in its inevitable though slow development, the abolition of negro slavery, the respect by powerful and civilised nations of the rights of indigenous tribes, the most boundless advance of philanthropy, through the most generous recognition of the fraternity of man.

However sternly the sword of Joshua might fall, it struck not at the foreigner, as such, but at those tribes, guilty and therefore accursed of God, the cup of whose iniquity was full. And yet there was enough of carnage to prove that so gracious a commandment as this could not have risen spontaneously in the heart of early Judaism. Does it seem to be made more natural, by any proposed shifting of the date?

The reason of the precept is beautifully human. It rests upon no abstract basis of common rights, nor prudential consideration of mutual advantage.

In our time it is sometimes proposed to build all morality upon such foundations; and strange consequences have already been deduced in cases where the proposed sanction has not seemed to apply. But, in fact, no advance in virtue has ever been traced to 355 self-interest, although, after the advance took place, self-interest has always found its account in it. A progressive community is made of good men, and the motive to which Moses appeals is compassion fed by memory: “For ye were strangers in the land of Egypt” (xxii. 21); “For ye know the heart of a stranger, seeing ye were strangers in the land of Egypt” (xxiii. 9).

The point is not that they may again be carried into captivity: it is that they have felt its bitterness, and ought to recoil from inflicting what they writhed under.

Now, this appeal is a master-stroke of wisdom. Much cruelty, and almost all the cruelty of the young, springs from ignorance, and that slowness of the imagination which cannot realise that the pains of others are like our own. Feeling them to be so, the charities of the poor toward one another frequently rise almost to sublimity. And thus, when suffering does not ulcerate the heart and make it savage, it is the most softening of all influences. In one of the most threadbare lines in the classics, the queen of Carthage boasts that

“I, not ignorant of woe,

To pity the distressful know.”

And the boldest assertion in Scripture of the natural development of our Saviour’s human powers, is that which declares that “In that He Himself hath suffered, being tempted, He is able to succour them that are tempted” (Heb. ii. 18).

To this principle, then, Moses appeals, and by the appeal he educates the heart. He bids the people reflect on their own cruel hardships, on the hateful character of their tyrants, on their own greater hatefulness if they follow the vile example, after such bitter experience of its character. He does not yet 356 rise to the grand level of the New Testament morality, Do all to thy neighbour which it is not servile and dependent to will that he should do for thee. But he attains to the level of that precept of Confucius and Zoroaster which has been so unworthily compared with it: Do not unto thy neighbour what thou wouldest not that he should do to thee—a precept which mere indifference obeys. Nay, he excels it; for the mental and spiritual attitude of one who respects his helpless neighbour because he so much resembles himself, will surely not be content without relieving the griefs that have so closely touched him. Thus again the legislation of Moses looks beyond itself.

Now, if the Jew should be merciful because he had himself known calamity, what implicit confidence may we repose upon the Man of sorrows and acquainted with grief?

In the same spirit they are warned against afflicting the widow or the orphan. And the threat which is added joins hand with the exhortation which preceded. They should not oppress the stranger, because they had been strangers and oppressed. Now the argument advances. The same God Who then heard their cry will hear the cry of the forlorn, and avenge them, according to the judicial fate which He had just announced, in kind, by bringing their own wives to widowhood and their children to orphanage (xxii. 22—4).

To their brethren they should not lend money upon usury; but loans are no more recommended than afterwards by Solomon: the words are “if thou lend” (ver. 25). And if the raiment of the borrower were taken for a pledge, it must be returned for him to use at night, or else God will hear his cry, because, it is added 357 very significantly and briefly, “I am gracious” (ver. 27). It is the most exalting of all motives: Be merciful, for I am merciful: ye shall be the children of your Father.

Again is to be observed the influence reaching beyond the prescription—the motive which cannot be felt without many other and larger consequences than the restoration of pledges at sunset.

How comes this precept to be followed by the words, “Thou shalt not curse God nor blaspheme a ruler” (ver. 28)? and is not this again somewhat strangely followed by the order not to delay to offer the firstfruits of the soil, to consecrate the firstborn son, and to devote the firstborn of cattle at the same age when a son ought to be circumcised? (vers. 29, 30).

If any link can be discovered, it is in the sense of communion with God, suggested by the recent appeal to His character as a motive that should weigh with man. Therefore they must not blaspheme Him, either directly or through His agents, nor tardily yield Him what He claims. Therefore it is added, “Ye shall be holy men unto Me,” and from the sense of dignity which religion thus inspires, a homely corollary is deduced—“Ye shall not eat any flesh that is torn of beasts in the field” (ver. 31). The bondmen of Egypt must learn a high-minded self-respect.

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