MARCH 1
IV. Personal Rights and Remedies
Personal injuries, economic
losses, and matters of inheritance are among the many matters of personal
rights and responsibilities included in this section of various civil laws.
Some regulations are merely directory in nature while others set forth specific
remedies. These civil laws are designed to regulate daily activities in a fair
manner for each citizen and to instill a sense of order throughout society.
WRONGFUL TAKING. Num.5:5-10
The lord said to Moses, "Say to the Israelites: 'When a man or woman wrongs another in any way and so is unfaithful to the lord, that person is guilty and must confess the sin he has committed. He must make full restitution for his wrong, add one fifth to it and give it all to the person he has wronged. But if that person has no close relative to whom restitution can be made for the wrong, the restitution belongs to the lord and must be given to the priest, along with the ram with which atonement is made for him. All the sacred contributions the Israelites bring to a priest will belong to him. Each man's sacred gifts are his own, but what he gives to the priest will belong to the priest.'"
DISPUTED LOST PROPERTY ex. 22:9. In all cases of illegal
possession of an ox, a donkey, a sheep, a garment, or any other lost property
about which somebody says, 'This is mine,' both parties are to bring their
cases before the judges. The one whom the judges declare' guilty must pay back
double to his neighbor.
BAILEE OF MONEY OR GOODS ex. 22:7,8.
"If a man gives his
neighbor silver or goods for safekeeping and they are stolen from the
neighbor's house, the thief, if he is caught, must pay back double. But if the
thief is not found, the owner of the house must appear before the judges"1
to determine whether he has laid his hands on the other man's property.
BAILEE OF ANIMALS. ex. 22:10-13
"If a man gives a donkey,
an ox, a sheep or any other animal to his neighbor for safekeeping and it dies
or is injured or is taken away while no one is looking, the issue between them
will be settled by the taking of an oath before the lord that the neighbor did not lay hands on the other
person's property. The owner is to accept this, and no restitution is required.
But if the animal was stolen from the neighbor, he must make restitution to the
owner. If it was torn to pieces by a wild animal, he shall bring in the
remains as evidence and he will not be required to pay for the torn animal.
BORROWER'S RESPONSIBILITY Ex. 22:14,15
"If a man borrows an animal from his neighbor and it is injured or dies while the owner is not present, he must make restitution. But if the owner is with the animal, the borrower will not have to pay. If the animal was hired, the money paid for the hire covers the
loss.
|n addition to the impropriety
involved, there is an economic aspect to cases of seduction.
COMPENSATION FOR VIRGIN. ex.22:16,17
"If a man seduces a virgin who is not pledged to be married and sleeps with her, he must pay the bride-price, and she shall be his wife. If her father absolutely refuses to give her to him, he must still pay the bride-price for virgins.
OPEN PITS. Ex.21:33,34
"If a man uncovers a pit or
digs one and fails to cover it and an ox or a donkey falls into it, the owner
of the pit must pay for the loss; he must pay its owner, and the dead animal
will be his.
DESTRUCTION BY FIRE. Ex. 22:6
"If a fire breaks out and spreads into thorn-bushes so that it burns shocks of grain or standing grain or the whole field, the one who started the fire must make restitution.
CROP DAMAGE BY ANIMALS Ex. 22:5
.
"If a man grazes his livestock in a field or vineyard and lets them stray and they graze in another man's field, he must make restitution from the best of his own field or vineyard.
OX GORING PERSONS Ex. 21:28.
"If a bull gores a man or a woman to death, the bull must be stoned to death, and its meat must not be eaten. But the owner of the bull will not be held responsible.
KNOWN DANGEROUS PROPENSITIES Ex. 21:29-32
If, however, the bull has had the habit of goring and the owner has been warned but has not kept it penned up and it kills a man or woman, the bull must be stoned and the owner also must be put to death. However, if payment is demanded of him, he may redeem his life by paying whatever is demanded. This law also applies if the bull gores a son or daughter. If the bull gores a male or female slave, the owner must pay thirty shekels" of silver to the master of the slave, and the bull must be stoned.
OX GORING ANIMALS. Ex. 21:35,36
"If a man's bull injures the bull of another and it dies, they are to sell the live one and divide both the money and the dead animal equally. However, if it was known that the bull had the habit of goring, yet the owner did not keep it penned up, the owner must pay, animal for animal, and the dead animal will be his.
KILLING ANIMAL. Lev. 24:18 [ 24:21a]Anyone
who takes the life of someone's animal must make restitution—life for life.
PREVENTION OF INJURY. Deut. 22:8
When you build a new house, make a parapet around your roof so that you may not bring the guilt of bloodshed on your house if someone falls from the roof.
D. Masters and Servants
PROMPT PAYMENT. Deut.24:14,15
[Lev. 19:13]
Do not take advantage of a hired man who is poor and needy, whether he is a brother Israelite or an alien living in one of your towns. Pay him his wages each day before sunset, because he is poor and is counting on it. Otherwise he may cry to the lord against you, and you will be guilty of sin.
ACQUIRING SLAVES. Lev.25:44-46
" 'Your male and female slaves are to come from the nations around you; from them you may buy slaves. You may also buy some of the temporary residents living among you and members of their clans born in your country, and they will become your property. You can will them to your children as inherited property and can make them slaves for life, but you must not rule over your fellow Israelites ruthlessly.
"That is, about 12 ounces (about 0.3 kilogram)
ESCAPED SLAVES. Deut.
23:15,16
If a slave has taken refuge with you, do not hand him over to his master. Let him live among you wherever he likes and in whatever town he chooses. Do not oppress him.
SEVEN-YEAR RELEASE. Deut.
15:12-18
If a fellow Hebrew, a man or a
woman, sells himself to you and serves you six years, in the seventh year
you must let him go free. And when you release him, do not send him away
empty-handed. Supply him liberally from your flock, your threshing floor and
your winepress. Give to him as the lord your
God has blessed you. Remember that you were slaves in
But if your servant says to you, "I do not want to leave you," because he loves you and your family and is well off with you, then take an awl and push it through his ear lobe into the door, and he will become your servant for life. Do the same for your maidservant.
Do not consider it a hardship to
set your servant free, because his service to you these six years has been
worth twice as much as that of a hired hand. And the lord your God will bless you in everything you do.
RELEASE WITH FAMILY. Ex.
21:1-6
"These are the laws you are to set before them: "If you buy a Hebrew servant, he is to serve you for six years. But in the seventh year, he shall go free, without paying anything. If he comes alone, he is to go free alone; but if he has a wife when he comes, she is to go with him. If his master gives him a wife and she bears him sons or daughters, the woman and her children shall belong to her master, and only the man shall go free.
"But if the servant declares, 'I love my master and my wife and children and do not want to go free/ then his master must take him before the judges.0 He shall take him to the door or the doorpost and pierce his ear with an awl. Then he will be his servant for life.
RELEASE OF WOMEN SLAVES. Ex. 21:7-11
"If a man sells his daughter as a servant, she is not to go free as menservants do. If she does not please the master who has selected her for himself,? he must let her be redeemed. He has no right to sell her to foreigners, because he has broken faith with her. If he selects her for his son, he must grant her the rights of a daughter. If he marries another woman, he must not deprive the first one of her food, clothing and marital rights. If he does not provide her with these three things, she is to go free, without any payment of money.
(RELEASE AFTER MAIMING) (Ex. 21:26,27)
E. Credit, Interest, and Collateral
CHARGING INTEREST. Deut.19:19
Do not charge your brother interest, whether on money or food or anything else that may earn interest. You may charge a foreigner interest, but not a brother Israelite, so that the lord your God may bless you in everything you put your hand to in the land you are entering to possess.
POOR PROTECTED. Ex.22:25-27 [Deut.24:12,13]
If you lend money to one of my
people among you who is needy, do not be like a moneylender; charge him no
interest.*? If you take your neighbor's cloak as a pledge, return it to him by
sunset, because his cloak is the only covering he has for his body. What else
will he sleep in? When he cries out to me, I will hear, for I am compassionate.
NO MILL FOR PLEDGE. Deut. 24:6
Do not take a pair of millstones—not even the upper
one—as security for a debt, because that would be taking a man's livelihood as
security.
RETRIEVAL OF PLEDGE. Deut.
24:10,11
When you make a loan of any kind
to your neighbor, do not go into his house to get what he is offering as a
pledge. Stay outside and let the man to whom you are making the loan bring the
pledge out to you.
(PLEDGE FROM WIDOW)
SEVEN-YEAR RELEASE. Deut.
15:1-5 (Deut. 24:17)
At the end of every seven years
you must cancel debts. This is how it is to be done: Every creditor shall
cancel the loan he has made to his fellow Israelite. He shall not require
payment from his fellow Israelite or brother, because the lord's time for canceling debts has
been proclaimed. You may require payment from a foreigner, but you must cancel
any debt your brother owes you. However, there should be no poor among you, for
in the land the lord your God is
giving you to possess as your inheritance, he will richly bless you, if only
you fully obey the lord your God
and are careful to follow all these commands I am giving you today.
LENDING TO OTHER NATIONS. Deut.
15:6
For the lord your God will bless you as he has promised, and you will
lend to many nations but will borrow from none. You will rule over many nations
but none will rule over you.
OBLIGATION TO POOR. Deut.
15:7-11
If there is a poor man among
your brothers in any of the towns of the land that the lord your God is giving you, do not be hardhearted or
tightfisted toward your poor brother. Rather be open-handed and freely lend him
whatever he needs. Be careful not to harbor this wicked thought: "The
seventh year, the year for canceling debts, is near," so that you do not
show ill will toward your needy brother and give him nothing. He may then
appeal to the lord against you,
and you will be found guilty of sin. Give generously to him and do so without a
grudging heart; then because of this the lord
your God will bless you in all your work and in everything you put your
hand to. There will always be poor people in the land. Therefore I command you
to be openhanded toward your brothers and toward the poor and needy in your
land.
F. Contracts and Agreements
OATHS TO BE KEPT. Lev.19:12
" 'Do not swear falsely by
my name and so profane the name of your God. I am the lord.
AGREEMENTS TO BE HONORED. Num.
30:1,2
Moses said to the heads of the
tribes of
VOW OF DAUGHTER. Num. 30:3-5
"When a young woman still
living in her father's house makes a vow to the lord or obligates herself by a pledge and her father hears
about her vow or pledge but says nothing to her, then all her vows and every
pledge by which she obligated herself will stand. But if her father forbids her
when he hears about it, none of her vows or the pledges by which she obligated
herself will stand; the lord will
release her because her father has forbidden her.
VOW OF WIFE. Num. 30:6-8
"If she marries after she
makes a vow or after her lips utter a rash promise by which she obligates
herself and her husband hears about it but says nothing to her, then her vows
or the pledges by which she obligated herself will stand. But if her husband
forbids her when he hears about it, he nullifies the vow that obligates her or
the rash promise by which she obligates herself, and the lord will release her.
VOW OF WIDOW OR DIVORCEE. Num. 30:9-12
"Any vow or obligation taken by a widow or divorced woman will be binding on her.
"If a woman living with her husband makes a vow or obligates herself by a pledge under oath and her husband hears about it but says nothing to her and does not forbid her, then all her vows or the pledges by which she obligated herself will stand. But if her husband nullifies them when he hears about them, then none of the vows or pledges that came from her lips will stand. Her husband has nullified them, and the lord will release her.
HUSBAND'S LIABILITY. Num.
30:13-16
Her husband may confirm or nullify any vow she makes or any sworn pledge to deny herself. But if her husband says nothing to her about it from day to day, then he confirms all her vows or the pledges binding on her. He confirms them by saying nothing to her when he hears about them. If, however, he nullifies them some time after he hears about them, then he is responsible for her guilt."
These are the regulations the lord gave Moses concerning relationships between a man and his wife, and between a father and his young daughter still living in his house.
G. Weights and Measures
DEALINGS TO BE HONEST. Lev.
19:11
" 'Do not steal. " 'Do not lie. " 'Do not deceive one another.
PROPER MEASUREMENTS. Lev. 19:35-37
" 'Do not use dishonest
standards when measuring length, weight or quantity. Use honest scales and
honest weights, an honest ephah and an honest hin. I am the lord your God, who brought you out of
" 'Keep all my decrees and all my laws and follow them. I am the lord.' "
PROPER WEIGHTS. Deut. 25:13-16
Do not have two differing
weights in your bag-one heavy, one light. Do not have two differing measures in
your house— one large, one small. You must have accurate and honest weights and
measures, so that you may live long in the land the lord your God is giving you. For the lord your God detests anyone who does these things, anyone
who deals dishonestly.
H. Inheritance
1. Right of Firstborn
DOUBLE PORTION DUE. Deut. 21:15-17
If a man has two wives, and he loves one but
not the other, and both bear him sons but the firstborn is the son of the wife
he does not love, when he wills his property to his sons, he must not give the
rights of the firstborn to the son of the wife he loves in preference to his
actual firstborn, the son of the wife he does not love. He must acknowledge the
son of his unloved wife as the firstborn by giving him a double share of all he
has. That son is the first sign of his father's strength. The right of the
firstborn belongs to him. .'!"
2. Levirate Marriage
A custom of the ages is
incorporated into the Laws of Moses, presumably to preserve the right of
inheritance. When a man dies childless, his brother is to take the widow as a
wife and to father a child in his brother's name. That first child will receive
the deceased brother's inheritance, while any other children of the union will
inherit through their natural father. {The marriage itself receives its more
modern name of "levirate" from the Latin word for a husband's
brother.) An example of the custom was seen in the account of Tamar and Judah
(Genesis 38).
BROTHER'S OBLIGATION Deut.25:5,6
If brothers are living together
and one of them dies without a son,
his widow must not marry outside the family. Her husband's brother shall take her and
marry her and fulfill the duty of a brother-in-law to her. The first son
she bears shall carry on the name of the dead brother so that his name will not
be blotted out from
IF BROTHER REFUSES. Deut.25:7-10
However, if a man does not want
to marry his brother's wife, she shall
go to the elders at the town gate and say, "My husband's brother refuses to carry on his
brother's name in
shall summon him and talk to
him. If he persists in saying, "I do not want to marry her," his
brother's widow shall go up to him in the presence of the elders, take off one of his sandals, spit in his face
and say, "This is what is done to the man who will not build up his
brother's family line." That man's line
shall be known in
3. Case of Zelophehad's Daughters
In anticipation of the settlement
of
daughters
seek inheritance. Num.27:1-4
The daughters of zdophehad son
of Hepher, the son at -
ORDER OF INHERITANCE. Num. 27:5-11
So Moses brought their case before the lord and the lord said to him, "What Zelophehad's daughters are saying is right. You must certainly give them property as an inheritance among their father's relatives and turn their father's inheritance over to them.
"Say to the Israelites, 'If a man dies and leaves no son, turn his inheritance over to his daughter. If he has no daughter, give his inheritance to his brothers. If he has no brothers, give his inheritance to his father's brothers. If his father had no brothers, give his inheritance to the nearest relative in his clan, that he may possess it. This is to be a legal requirement for the Israelites, as the lord commanded Moses.'"
PROBLEM IF DAUGHTERS MARRY. Num.36:1-4
The family heads of the clan of
MUST MARRY WITHIN TRIBE. Num.36:5-9
Then at the lord's command Moses gave this order to
the Israelites: "What the tribe of the descendants of Joseph is saying is
right. This is what the lord commands
for Zelophehad's daughters: They may marry anyone they please as long as they
marry within the tribal clan of their father. No inheritance in
DAUGHTERS COMPLY. Num. 36:10-13
So Zelophehad's daughters did as the lord commanded Moses. Zelophehad's daughters—Mahlah, Tirzah, Hoglah, Milcah and Noah—married their cousins on their father's side. They married within the clans of the descendants of Manasseh son of Joseph, and their inheritance remained in their father's clan and tribe.
These are the commands and regulations the lord gave through Moses to the Israelites on the plains of Moab by the Jordan across from Jericho.