by all the authority of the state, but the power of life and death was not left in the parents' hands. If a son proved stubborn and rebellious, utterly refusing domestic discipline, then the father and the mother were to unite in bringing him before the civil magistrates, who condemned him to death. But the mother must appear and testify, before the legal act was accomplished, and thus the power of restraining the stronger passions of the man was left with her.
The laws of Moses also teach a degree of delicacy and consideration, in the treatment of women taken captives in war, that was unparalleled in those ages. With one consent, in all other ancient nations, the captive woman was a slave, with no protection for chastity. Compare with this the spirit of the law of Moses: "If thou seest among thy captives a beautiful woman, and hast a desire unto her that thou wouldst have her to wife, then thou shalt bring her to thy house, and she shall remain in thy house and bewail her father and mother a full month; and after that thou shalt go in unto her and be her husband, and she shall be thy wife." Here is consideration, regard to womanly feeling, and an opportunity for seeking the affection of the captive by kindness. The law adds, furthermore, that if the man change his mind, and do not wish to marry her after this time for closer acquaintance, then he shall give her her liberty, and allow her to go where she pleases: "Thou shalt not sell her at all for money, thou shalt not make merchandise of her, because thou hast humbled her."
The laws of Moses did not forbid polygamy, but they secured to the secondary wives such respect and attention as made the maintenance of many of them a matter of serious difficulty. Everywhere we find Moses interposing some guard to the helplessness of the woman, softening and moderating the harsh customs of ancient society in her favor. Men were not allowed to hold women-servants merely for the gratification of a temporary passion, without assuming the obligations of a husband. Thus we find the following restraint on the custom of buying a handmaid or concubine: "If a man sell his daughter to be a maid-servant, she shall not go out to work as the men-servants do, and, if she please not her master which hath betrothed her to himself, then shall he let her be redeemed; he shall have no power to sell her unto a stranger, seeing he hath dealt deceitfully with her. And if he have betrothed her to his son, he shall deal with her as a daughter. And if he take another wife, her food and her raiment, and her duty of marriage shall he not diminish. And if he do not these three things unto her, then shall she go out free without money." (Ex. xxi. 7.) This law, in fact, gave to every concubine the rights and immunities of a legal wife, and in default of its provisions she recovered her liberty. Thus, also, we find a man is forbidden to take two sisters to wife, and the feelings of the first wife are expressly mentioned as the reason: "Thou shalt not take unto thy wife her sister to vex her during her lifetime."
In the same manner it was forbidden to allow personal favoritism to influence the legal rights of succession belonging to children of different wives. (Deut. xxi. 15.) "If a man have two wives, one beloved and the other hated, and they have both borne him children, and if the firstborn son be hers that is hated, then, when he maketh his sons to inherit, he may not make the son of the beloved firstborn, but he shall acknowledge the son of the hated for the firstborn."
If a man slandered the chastity of his wife before marriage, she or her relations had a right to bring him before a tribunal of the elders, and, failing to substantiate his accusations, he was heavily fined and the right of divorce taken from him.
By thus hedging in polygamy with the restraints of serious obligations and duties, and making every concubine a wife, entitled to claim all the privileges of a wife, Moses prepared the way for its gradual extinction. For since it could not be a mere temporary connection involving no duty on the man's part, since he could not sell or make merchandise of the slave when he was tired of her, since the children had a legal claim to support—it became a serious matter to increase the number of wives. The kings of Israel were expressly forbidden to multiply wives; and the disobedience of Solomon, who followed the custom of Oriental sovereigns, is mentioned with special reprobation, as calling down the judgments of God upon his house.
The result of all this was, that in the course of time polygamy fell into disuse among the Jews; and, after the Babylonian captivity, when a more strenuous observance of the laws of Moses was enforced, it almost entirely ceased.[1] In the time of Christ and the Apostles, the Jews had become substantially a monogamic nation.
Another peculiarity in the laws of Moses is the equality of the treatment of man and woman. Among other nations, adultery was punished severely in the wife, and lightly, if at all, in the husband. According to the Jewish law, it was punished by the death of both parties. If a man seduced a girl, he was obliged to marry her; and forcible violation was punished by death.
While in many other nations, prostitution, in one form or other, formed part of the services of the temple and the revenues of the state, it was enacted that the wages of such iniquity should not be received into the treasury of the Lord; and, finally, it was enjoined that there should be no prostitute among the daughters of Israel. (Deut. xxiii. 17, 18.)
In all that relates to the details of family life, the laws of Moses required great temperance and government of the passions; and, undoubtedly, these various restraints and religious barriers raised by the ceremonial law around the wife and mother are one great reason of the vigor of the Jewish women and the uncorrupted vitality of the race.
The law of Moses on divorce, though expressly spoken of by Christ as only a concession or adaptation to a low state of society, still was, in its day, on the side of protection to women. A man could not put his wife out of doors at any caprice of changing passion: a legal formality was required, which would, in those times, require the intervention of a Levite to secure the correctness of the instrument. This would bring the matter under the cognizance of legal authority, and tend to check the rash exercise of the right by the husband. The final result of all this legislation, enforced from age to age by Divine judgments, and by the warning voices of successive prophets, was, that the Jewish race, instead of sinking into licentiousness, and losing stamina and vigor, as all the other ancient nations did, became essentially a chaste and vigorous people, and is so to this day.
The comparison of the literature of any ancient nation with that of the Jews strikingly demonstrates this. The uncleanness and obscenity of much of the Greek and Roman literature is in wonderful contrast to the Jewish writings in the Bible and Apocrypha, where vice is never made either ludicrous or attractive, but mentioned only with horror and reprobation.
If we consider now the variety, the elevation, and the number of female characters in sacred history, and look to the corresponding records of other nations, we shall see the results of this culture of women. The nobler, the heroic elements were developed among the Jewish women by the sacredness and respect which attached to family life. The veneration which surrounded motherhood, and the mystic tradition coming down through the ages that some Judæan mother should give birth to the great Saviour and Regenerator of mankind, consecrated family life with a devout poetry of emotion. Every cradle was hallowed by the thought of that blessed child who should be the hope of the world.
Another cause of elevation of character among Jewish women was their equal liability to receive the prophetic impulse. A prophet was, by virtue of his inspiration, a public teacher, and the leader of the nation—kings and magistrates listened to his voice; and this crowning glory was from time to time bestowed on women.
We are informed in 2 Kings xxii. 14, that in the reign of King Josiah, when a crisis of great importance arose with respect to the destiny of the nation, the king sent a deputation of the chief priests and scribes to inquire of the word of the Lord from Huldah the prophetess, and that they received her word as the highest authority. This was while the prophet Jeremiah was yet a young man.
The prophetess was always a poetess, and some of the earliest records of female poetry in the world are of this kind. A lofty enthusiasm of patriotism also distinguishes the Jewish women, and in more than one case in
