penalties

And he replied, 'By observing that the human race increases and is born with much trouble and great suffering: wherefore you must not lightly punish or inflict torments upon them, since you know that the life of men is made up of pains and penalties. For if you understood everything you would be filled with pity, for God also it pitiful!

But he found all his decrees of no avail to break down the constancy of our people to the Law, and he beheld all his threats and penalties utterly despised, so that even women for circumcising their sons, though they knew beforehand what would be their fate, were flung, together with their offspring, headlong from the rocks.

Share in the Hellenic life, and walk in a new way, and take some pleasure in your youth; for if you drive me to anger with your disobedience you will compel me to resort to terrible penalties and put every single one of you to death by torture.

For I am supported under pain by the joys that come through virtue, whereas thou art in torment whilst glorying in thy impiety; neither shalt thou escape, O most abominable tyrant, the penalties of the divine wrath.'

Do not pass the same sentence for every sin, but one suitable to each crime, distinguishing all the several sorts of offenses with much prudence, the great from the little. Treat a wicked action after one manner, and a wicked word after another; a bare intention still otherwise. So also in the case of a contumely or suspicion. And some you shall curb by threatenings alone; some you shall punish with fines to the poor; some you shall mortify with fastings; and others you shall separate according to the greatness of their several crimes. For the law did not allot the same punishment to every offense, but had a different regard to a sin against God, against the priest, against the temple, or against the sacrifice; from a sin against the king, or ruler, or a soldier, or a fellow-subject; and so were the offenses different which were against a servant, a possession, or a brute creature. And again, sins were differently rated according as they were against parents and kinsmen, and those differently which were done on purpose from those that happened involuntarily. Accordingly the punishments were different: as death either by crucifixion or by stoning, fines, scourgings, or the suffering the same mischiefs they had done to others. Wherefore do you also allot different penalties to different offenses, lest any injustice should happen, and provoke God to indignation. For of what unjust judgment soever you are the instruments, of the same you shall receive the reward from God. For with what judgment you judge you shall be judged.

God therefore commanded that Adam and his wife should eat of all the rest of the plants, but to abstain from the tree of knowledge; and foretold to them, that if they touched it, it would prove their destruction. But while all the living creatures had one language, at that time the serpent, which then lived together with Adam and his wife, shewed an envious disposition, at his supposal of their living happily, and in obedience to the commands of God; and imagining, that when they disobeyed them, they would fall into calamities, he persuaded the woman, out of a malicious intention, to taste of the tree of knowledge, telling them, that in that tree was the knowledge of good and evil; which knowledge, when they should obtain, they would lead a happy life; nay, a life not inferior to that of a god: by which means he overcame the woman, and persuaded her to despise the command of God. Now when she had tasted of that tree, and was pleased with its fruit, she persuaded Adam to make use of it also. Upon this they perceived that they were become naked to one another; and being ashamed thus to appear abroad, they invented somewhat to cover them; for the tree sharpened their understanding; and they covered themselves with fig-leaves; and tying these before them, out of modesty, they thought they were happier than they were before, as they had discovered what they were in want of. But when God came into the garden, Adam, who was wont before to come and converse with him, being conscious of his wicked behavior, went out of the way. This behavior surprised God; and he asked what was the cause of this his procedure; and why he, that before delighted in that conversation, did now fly from it, and avoid it. When he made no reply, as conscious to himself that he had transgressed the command of God, God said, "I had before determined about you both, how you might lead a happy life, without any affliction, and care, and vexation of soul; and that all things which might contribute to your enjoyment and pleasure should grow up by my providence, of their own accord, without your own labor and pains-taking; which state of labor and pains-taking would soon bring on old age, and death would not be at any remote distance: but now thou hast abused this my good-will, and hast disobeyed my commands; for thy silence is not the sign of thy virtue, but of thy evil conscience." However, Adam excused his sin, and entreated God not to be angry at him, and laid the blame of what was done upon his wife; and said that he was deceived by her, and thence became an offender; while she again accused the serpent. But God allotted him punishment, because he weakly submitted to the counsel of his wife; and said the ground should not henceforth yield its fruits of its own accord, but that when it should be harassed by their labor, it should bring forth some of its fruits, and refuse to bring forth others. He also made Eve liable to the inconveniency of breeding, and the sharp pains of bringing forth children; and this because she persuaded Adam with the same arguments wherewith the serpent had persuaded her, and had thereby brought him into a calamitous condition. He also deprived the serpent of speech, out of indignation at his malicious disposition towards Adam. Besides this, he inserted poison under his tongue, and made him an enemy to men; and suggested to them, that they should direct their strokes against his head, that being the place wherein lay his mischievous designs towards men, and it being easiest to take vengeance on him, that way. And when he had deprived him of the use of his feet, he made him to go rolling all along, and dragging himself upon the ground. And when God had appointed these penalties for them, he removed Adam and Eve out of the garden into another place.

When David heard that Abner was slain, it grieved his soul; and he called all men to witness, with stretching out his hands to God, and crying out that he was not a partaker in the murder of Abner, and that his death was not procured by his command or approbation. He also wished the heaviest curses might light upon him that slew him and upon his whole house; and he devoted those that had assisted him in this murder to the same penalties on its account; for he took care not to appear to have had any hand in this murder, contrary to the assurances he had given and the oaths he had taken to Abner. However, he commanded all the people to weep and lament this man, and to honor his dead body with the usual solemnities; that is, by rending their garments, and putting on sackcloth, and that things should be the habit in which they should go before the bier; after which he followed it himself, with the elders and those that were rulers, lamenting Abner, and by his tears demonstrating his good-will to him while he was alive, and his sorrow for him now he was dead, and that he was not taken off with his consent. So he buried him at Hebron in a magnificent manner, and indited funeral elegies for him; he also stood first over the monument weeping, and caused others to do the same; nay, so deeply did the death of Abner disorder him, that his companions could by no means force him to take any food, but he affirmed with an oath that he would taste nothing till the sun was set. This procedure gained him the good-will of the multitude; for such as had an affection for Abner were mightily satisfied with the respect he paid him when he was dead, and the observation of that faith he had plighted to him, which was shown in his vouchsafing him all the usual ceremonies, as if he had been his kinsman and his friend, and not suffering him to be neglected and injured with a dishonorable burial, as if he had been his enemy; insomuch that the entire nation rejoiced at the king's gentleness and mildness of disposition, every one being ready to suppose that the king would have taken the same care of them in the like circumstances, which they saw be showed in the burial of the dead body of Abner. And indeed David principally intended to gain a good reputation, and therefore he took care to do what was proper in this case, whence none had any suspicion that he was the author of Abner's death. He also said this to the multitude, that he was greatly troubled at the death of so good a man; and that the affairs of the Hebrews had suffered great detriment by being deprived of him, who was of so great abilities to preserve them by his excellent advice, and by the strength of his hands in war. But he added, that "God, who hath a regard to all men's actions, will not suffer this man [Joab] to go off unrevenged; but know ye, that I am not able to do any thing to these sons of Zeruiah, Joab and Abishai, who have more power than I have; but God will requite their insolent attempts upon their own heads." And this was the fatal conclusion of the life of Abner.

I omit to speak concerning punishments, and how many ways of escaping them the greatest part of the legislators have afforded malefactors, by ordaining that, for adulteries, fines in money should be allowed, and for corrupting [virgins] they need only marry them as also what excuses they may have in denying the facts, if any one attempts to inquire into them; for amongst most other nations it is a studied art how men may transgress their laws; but no such thing is permitted amongst us; for though we be deprived of our wealth, of our cities, or of the other advantages we have, our law continues immortal; nor can any Jew go so far from his own country, nor be so aftrighted at the severest lord, as not to be more aftrighted at the law than at him. If, therefore, this be the disposition we are under, with regard to the excellency of our laws, let our enemies make us this concession, that our laws are most excellent; and if still they imagine, that though we so firmly adhere to them, yet are they bad laws notwithstanding, what penalties then do they deserve to undergo who do not observe their own laws, which they esteem so far superior to them? Whereas, therefore, length of time is esteemed to be the truest touchstone in all cases, I would make that a testimonial of the excellency of our laws, and of that belief thereby delivered to us concerning God. For as there hath been a very long time for this comparison, if any one will but compare its duration with the duration of the laws made by other legislators, he will find our legislator to have been the ancientest of them all.

Then, in the next place, we must know that every being which is endowed with reason, and transgresses its statutes and limitations, is undoubtedly involved in sin by swerving from rectitude and justice. Every rational creature, therefore, is capable of earning praise and censure: of praise, if, in conformity to that reason which he possesses, he advance to better things; of censure, if he fall away from the plan and course of rectitude, for which reason he is justly liable to pains and penalties. And this also is to be held as applying to the devil himself, and those who are with him, and are called his angels. Now the titles of these beings have to be explained, that we may know what they are of whom we have to speak. The name, then, of Devil, and Satan, and Wicked One, who is also described as Enemy of God, is mentioned in many passages of Scripture. Moreover, certain angels of the devil are mentioned, and also a prince of this world, who, whether the devil himself or some one else, is not yet clearly manifest. There are also certain princes of this world spoken of as possessing a kind of wisdom which will come to nought; but whether these are those princes who are also the principalities with whom we have to wrestle, or other beings, seems to me a point on which it is not easy for any one to pronounce. After the principalities, certain powers also are named with whom we have to wrestle, and carry on a struggle even against the princes of this world and the rulers of this darkness. Certain spiritual powers of wickedness also, in heavenly places, are spoken of by Paul himself. What, moreover, are we to say of those wicked and unclean spirits mentioned in the gospel? Then we have certain heavenly beings called by a similar name, but which are said to bend the knee, or to be about to bend the knee, at the name of Jesus; nay, even things on earth and things under the earth, which Paul enumerates in order. And certainly, in a place where we have been discussing the subject of rational natures, it is not proper to be silent regarding ourselves, who are human beings, and are called rational animals; nay, even this point is not to be idly passed over, that even of us human beings certain different orders are mentioned in the words, “The portion of the Lord is His people Jacob; Israel is the cord of His inheritance.” Other nations, moreover, are called a part of the angels; since “when the Most High divided the nations, and dispersed the sons of Adam, He fixed the boundaries of the nations according to the number of the angels of God.” And therefore, with other rational natures, we must also thoroughly examine the reason of the human soul.

To this our answer is, that if the Scythians, the nomadic tribes of Libya, the Seres, who according to Celsus have no god, if those other most barbarous and impious nations in the world, and if the Persians even cannot bear the sight of temples, altars, and images, it does not follow because we cannot suffer them any more than they, that the grounds on which we object to them are the same as theirs. We must inquire into the principles on which the objection to temples and images is founded, in order that we may approve of those who object on sound principles, and condemn those whose principles are false. For one and the same thing may be done for different reasons. For example, the philosophers who follow Zeno of Citium abstain from committing adultery, the followers of Epicurus do so too, as well as others again who do so on no philosophical principles; but observe what different reasons determine the conduct of these different classes. The first consider the interests of society, and hold it to be forbidden by nature that a man who is a reasonable being should corrupt a woman whom the laws have already given to another, and should thus break up the household of another man. The Epicureans do not reason in this way; but if they abstain from adultery, it is because, regarding pleasure as the chief end of man, they perceive that one who gives himself up to adultery, encounters for the sake of this one pleasure a multitude of obstacles to pleasure, such as imprisonment, exile, and death itself. They often, indeed, run considerable risk at the outset, while watching for the departure from the house of the master and those in his interest. So that, supposing it possible for a man to commit adultery, and escape the knowledge of the husband, of his servants, and of others whose esteem he would forfeit, then the Epicurean would yield to the commission of the crime for the sake of pleasure. The man of no philosophical system, again, who abstains from adultery when the opportunity comes to him, does so generally from dread of the law and its penalties, and not for the sake of enjoying a greater number of other pleasures. You see, then, that an act which passes for being one and the same—namely, abstinence from adultery—is not the same, but differs in different men according to the motives which actuate it: one man refraining for sound reasons, another for such bad and impious ones as those of the Epicurean, and the common person of whom we have spoken.

SOME of the Fathers terrify us beyond our strength and throw us into despair; and their opinion is well adapted to the simple-minded and trangressors of the law. Others of them encourage us and bid us rely upon Divine mercy; and their opinions are suitable and adapted to the perfect and those of settled minds and the pious. In the ‘ Book of Memorials it is thus written: ‘ This world is the world of repentance, but the world which is to come is the world of retribution. As in this world repentance saves until the last breath, so in the world to come justice exacts to the uttermost farthing. And as it is impossible to see here strict justice unmingled with mercy, so it is impossible to find there strict justice mingled with mercy.’ Mar Isaac says thus: ‘ Those who are to be scourged in Gehenna will be tortured with stripes of love; they who feel that they have sinned against love will suffer harder and more severe pangs from love than the pain that springs from fear.’ Again he says: ‘ The recompense of sinners will be this: the resurrection itself will be their recompense instead of the recompense of justice; and at the last He will clothe those bodies which have trodden down His laws with the glory of perfection. This act of grace to us after we have sinned is greater than that which, when we were not, brought our nature into being.’ Again he says: ‘ In the world which is to come grace will be the judge and not justice.’ Mdr Theodore the Expositor says: ‘ Those who have here chosen fair things will receive in the world to come the pleasure of good things with praises; but the wicked who have turned aside to evil things all their life, when they are become ordered in their minds by penalties and the fear that springs from them, and choose good things, and learn how much they have sinned by having persevered in evil things and not in good things, and by means of these things receive the knowledge of the highest doctrine of the fear of God, and become instructed to lay hold of it with a good will, will be deemed worthy of the happiness of the Divine liberality. For He would never have said, “ Until thou payest the uttermost farthing,” unless it had been possible for us to be freed from our sins through having atoned for them by paying the penalty; neither would He have said, he shall be beaten with many stripes,” or “ he shall be beaten with few stripes,” unless it were that the penalties, being meted out according to the sins, should finally come to an end.’ These things the Expositor has handed down in his books clearly and distinctly.

SOME of the Fathers terrify us beyond our strength and throw us into despair; and their opinion is well adapted to the simple-minded and trangressors of the law. Others of them encourage us and bid us rely upon Divine mercy; and their opinions are suitable and adapted to the perfect and those of settled minds and the pious. In the ‘ Book of Memorials it is thus written: ‘ This world is the world of repentance, but the world which is to come is the world of retribution. As in this world repentance saves until the last breath, so in the world to come justice exacts to the uttermost farthing. And as it is impossible to see here strict justice unmingled with mercy, so it is impossible to find there strict justice mingled with mercy.’ Mar Isaac says thus: ‘ Those who are to be scourged in Gehenna will be tortured with stripes of love; they who feel that they have sinned against love will suffer harder and more severe pangs from love than the pain that springs from fear.’ Again he says: ‘ The recompense of sinners will be this: the resurrection itself will be their recompense instead of the recompense of justice; and at the last He will clothe those bodies which have trodden down His laws with the glory of perfection. This act of grace to us after we have sinned is greater than that which, when we were not, brought our nature into being.’ Again he says: ‘ In the world which is to come grace will be the judge and not justice.’ Mdr Theodore the Expositor says: ‘ Those who have here chosen fair things will receive in the world to come the pleasure of good things with praises; but the wicked who have turned aside to evil things all their life, when they are become ordered in their minds by penalties and the fear that springs from them, and choose good things, and learn how much they have sinned by having persevered in evil things and not in good things, and by means of these things receive the knowledge of the highest doctrine of the fear of God, and become instructed to lay hold of it with a good will, will be deemed worthy of the happiness of the Divine liberality. For He would never have said, “ Until thou payest the uttermost farthing,” unless it had been possible for us to be freed from our sins through having atoned for them by paying the penalty; neither would He have said, he shall be beaten with many stripes,” or “ he shall be beaten with few stripes,” unless it were that the penalties, being meted out according to the sins, should finally come to an end.’ These things the Expositor has handed down in his books clearly and distinctly.

The seducer pays three forms [of compensation] and the rapist four. The seducer pays compensation for embarrassment and blemish and the fine; The rapist pays an additional [form of compensation] in that he pays for the pain. What [is the difference] between [the penalties of] a seducer and those of a rapist? The rapist pays compensation for the pain but the seducer does not pay compensation for the pain. The rapist pays immediately but the seducer [pays only] if he dismisses her. The rapist must “drink out of his pot” but the seducer may dismiss [the girl] if he wishes.

He who incurs two death penalties imposed by the court is executed by the severer. If he committed one sin for which a twofold death penalty is incurred, he is executed by the severer. R. Jose says: “He is judged according to the first penalty which was placed upon him.”

And the rabbis say (Prov. 3:26): “For the Eternal will stand by your confidence and prevent your foot from being caught.” Even in matters in which you are stupid, He will prevent your foot from being caught. Rebbi Dosa said, in religious decisions. The rabbis say, in sin. Rebbi Levi said, from damaging spirits. Rebbi Abba said, if you gave charity from your wallet, the Holy One, praise to Him, will guard you from taxes, penalties, head taxes, and contributions.

Rebbi Matthew ben Ḥarash asked Rebbi Eleazar ben Azariah in the Academy. He said to him, did you hear the four types of Atonement which Rebbi Ismael explained? He answered him, there are three in addition to repentance. One verse says, return, naughty children. But another verse says, for on that day He shall atone for you. And another verse says, I shall visit their crime with the rod, etc. And another verse says, the iniquity of this people shall not be atoned for until you die. How is this? If somebody violates a positive commandment and repents, before he moves from there it will be forgiven to him. About this one it says, return, naughty children. If one transgresses a prohibition and immediately repents, repentance suspends judgment, and the Day of Atonement atones. About this one it says, for on that day, He shall atone for you. If one intentionally transgressed {sins punishable by} extirpations or death penalties, repentance and the Day of Atonement atone half, and sufferings during the other days of the year atone half. About this one it says, I shall visit their crime with the rod, and their iniquities with plagues. But by whom the Name of Heaven was desecrated, there is no power in repentance to suspend judgment, nor in the Day of Atonement to pardon, nor in sufferings to scour; but repentance and the Day of Atonement atone one third, sufferings atone a third, and death scours with sufferings. About this one it says, the iniquity of this people shall not be atoned for until you die. From this we learn that death scours.

HALAKHAH: “Rebbi Jehudah says, from Reqam to the East,” etc. Rebbi Joḥanan told the people of Sepphoris: You say in the name of Rebbi Joḥanan, even a person who brings a bill of divorce from Babylonia does not have to say “it was written and signed before me.” But I am saying that it is necessary, for there is a Mishnah: “Rebbi Jehudah says, from Reqam to the East and Reqam belongs to the East.” And even if you say that they disagree with Rebbi Jehudah and say that Reqam does not belong to the East, what about from Babylonia to here? Rav said, we consider ourselves as in the Land of Israel in the matter of bills of divorce. But Samuel said, even from one city quarter to another. He asked before him to change his opinion, when Cahana told him, what would we do with the earlier cases of women who remarried? He said to him, what do you have in your hand? For he was of Rebbi’s opinion as it was stated: If somebody brings a bill of divorce from overseas which was neither written nor signed in his presence, she has to leave under the thirteen penalties, the words of Rebbi. But the Sages did not agree in this matter.

HALAKHAH: “One forces him to build,” etc. Rebbi La said: So it is; the way of a provident person is to build himself a wall, as it is said: “The wealth of the rich is the fortification of his might, etc.” It was stated: “If he stayed there for thirty days he is like the townspeople for the charity chest, for clothing six months, for assessments and penalties twelve months.” After all these, was twelve months said only for assessments and penalties? Rebbi Yose ben Rebbi Abun said for Passover wheat, both to take and to give.

HALAKHAH: “One forces him to build,” etc. Rebbi La said: So it is; the way of a provident person is to build himself a wall, as it is said: “The wealth of the rich is the fortification of his might, etc.” It was stated: “If he stayed there for thirty days he is like the townspeople for the charity chest, for clothing six months, for assessments and penalties twelve months.” After all these, was twelve months said only for assessments and penalties? Rebbi Yose ben Rebbi Abun said for Passover wheat, both to take and to give.

MISHNAH: Somebody who was found guilty of two death penalties shall be convicted to the more painful one. One who committed one crime punishable by two death penalties shall be convicted to the more painful one. Rebbi Yose says, he shall be convicted for the first connection. If somebody was repeatedly whipped, the court sends him to jail where he is fed barley until his belly bursts. One sends the murderer without witnesses to jail and feeds him scanty bread and sparing water.

MISHNAH: Somebody who was found guilty of two death penalties shall be convicted to the more painful one. One who committed one crime punishable by two death penalties shall be convicted to the more painful one. Rebbi Yose says, he shall be convicted for the first connection. If somebody was repeatedly whipped, the court sends him to jail where he is fed barley until his belly bursts. One sends the murderer without witnesses to jail and feeds him scanty bread and sparing water.

HALAKHAH: “Somebody who was found guilty of two death penalties,” etc. There it was stated that one states: “Rebbi Yose says, he shall be convicted for the first connection.” How is this? His mother-in-law who then became a married woman is [executed] by burning. As a married woman who later became his mother-in-law it is by strangulation, if he copulated with his mother-in-law. How with his mother-in-law and daughter-in-law? How can this be? A man married a woman, and her brother’s daughter, and the woman’s daughter. If he copulated with the old woman he is liable for her because of his mother-in-law, the mother of his mother-in-law, and the mother of his father-in-law. If his mother-in-law is simultaneously his daughter-in-law, how does Rebbi Yose treat this? The more severe and the lesser, how does Rebbi Yose treat this? Two simultaneous prohibitions, how does Rebbi Yose treat this?

Rebbi Matthew ben Ḥarash asked Rebbi Eleazar ben Azariah in the Academy. He told him, did you hear the four types of Atonement which Rebbi Ismael explained? He answered him, there are three in addition to repentance. One verse says, return, naughty children, I shall heal your waywardness. But another verse says, for on that day, He shall pardon you, to cleanse you. And another verse says, I shall visit their crime with the rod, and their iniquity with plagues. And another verse says, the iniquity of this people shall not be atoned for until you die. How is this? If somebody violates a positive commandment and repents, immediately before he moves from there the Holy One, praise to Him, would forgive him. About this one it says, return, naughty children, I shall heal your waywardness. If one transgresses a prohibition, repentance suspends judgment, and the Day of Atonement pardons. About this one it says, for on that day, He shall pardon you, etc. If one intentionally transgressed [sins punishable by] extirpations or death penalties, repentance and the Day of Atonement pardon half, and sufferings pardon half. About this one it says, I shall visit their crime with the rod, etc. But by whom the Name of Heaven was desecrated, there is no power in repentance to suspend judgment, nor in the Day of Atonement to pardon, nor in sufferings to scour; but repentance and the Day of Atonement pardon a third, and suffering a third, and death scours a third. About this one it says, the iniquity of this people shall not be atoned for until you die. From this we learn that death scours.

Rebbi Matthew ben Ḥarash asked Rebbi Eleazar ben Azariah in the Academy, did you hear the four types of Atonement which Rebbi Ismael explained? He answered him, there are three in addition to repentance. One verse says, return, naughty children, etc. But another verse says, for on that day, He shall pardon you, etc. And another verse says, I shall visit their crime with the rod, etc. And another verse says, the iniquity of this people shall not be atoned for until you die. How is this? If somebody violates a positive commandment and repents, before he moves from there it will be forgiven to him. About this one it says, return, naughty children, etc. If one transgresses a prohibition and immediately repents, repentance suspends judgment, and the Day of Atonement pardons. About this one it says, for onthat day, He shall pardon you. If one intentionally transgressed [sins punishable by] extirpations or death penalties, repentance and the Day of Atonement atone half, and sufferings atone half. About this one it says, I shall visit their crime with the rod, and their iniquities with plagues. But by whom the Name of Heaven was desecrated, there is no power in repentance to suspend judgment, nor in the Day of Atonement to pardon, nor in sufferings to scour; but repentance and the Day of Atonement suspend, and death scours with sufferings. About this one it says, the iniquity of this people shall not be atoned for until you die. From this we learn that death scours.

R. Ammi and R. Assi both say : [The man who needs help from his fellow-creatures] is as though he were sentenced to two penalties, viz., fire and water; as it is said, "Thou hast caused men to ride over our heads, we went through fire and water" (ibid. lxvi. 12).

Warnings and penalties are both read and translated. This is obvious! What might you have thought? That they will come to observe the commandments out of fear; therefore it teaches us.

Ulah said, It is brought down from the defaming [husband], just as the defamer is lashed and pays so to every individual is lashed and pays. What is the connection to the defamer, that is really a penalty? [R' Meir] holds like R' Akiva, that has said, false witnesses are [under the category of] penalties.