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these practices were sanctioned by the Arabian lawgiver; and this will also enable us to distinguish the difference in the means by which the same or nearly the same apparent end was sought to be attained. We quote the Mischat-ulMasabih, which is more full on the subject than the Koran, and of equal authority in Mohammedan law. We condense, in our own words, where necessary. Wilful murder, adultery, and apostacy, are the only crimes for which a Moslem ought to be punished with death. Fathers are not to be punished for the crimes of their children, nor children for those of their parents, either in this world or in futurity. This clearly discountenances the hereditary blood-feuds which we have noticed. And this indeed is still more expressly said in the Koran itself, where the avenger is told “ not to exceed the bounds of moderation in putting to death the murderer in too cruel a manner, or by revenging his friend's blood on any other than the person that killed him.” The law allowing compromise is :-“ He who kills another intentionally, shall be given up to the family of the killed ; then if they wish it they may kill him in retaliation; and if they like it they may take Diät (the price of blood) from him ; which is one hundred camels, thirty of four years old, thirty of five years old, and forty with young: and he may make his peace with them for less if he

Again :-“Whoever is killed or wounded, then his family, if the former, and himself if but the latter, has an option of one of these three things : he may either take retaliation, or forgive, or take Diät: but then, if he wishes any other thing besides these three :--for example, if he has forgiven, and afterwards asked for retaliation or Diät, then for him is the fire everlasting.” Further on mercy is thus inculcated :-“There is no man who is wounded, and pardons the giver of the wound, but God will exalt his dignity and diminish his faults.” The fine for accidental homicide is very severe, being one hundred camels, forty with young. We see the same apparent severity, differently exhibited, in the law of the text; and in both instances it was probably intended, not only to inculcate a respect for the life of man, but to lessen the inducement for the blood-avenger to pursue his victim beyond the ade juate punishments thus provided. It is afterwards explained that the price of blood might be paid with other cattle than camels, or with goods, or money: but the price of camels was to form the standard amount, that is, whatever might be the value of camels at a particular time, the price of a hundred was to form the price of blood. For killing an infidel, a Moslem was on no account to be put to death; and although he must pay a blood-fine, it was to be only half the amount of the fine for slaying a Mohammedan.

We have preferred to dwell on the Arabian usages as appearing best calculated to illustrate the state of things which the law of this chapter seems to have been intended to meet. In some other countries, more under law than Arabia, but where the same principle operates, the practice has been settled on a footing more in coincidence with that which is established in this chapter. This shows that these people either took their improved practice from the law of Moses, or else were enabled themselves to perceive the fitness of a practice determined so many ages before by that law. Thus in Persia, the avenger cannot act in the first instance, but must carry his complaint to the proper authorities who examine the case, and if the guilt of murder is by proper witnesses fixed on the offender, he is consigned to the avenger, who has full power either to kill him, to forgive him, or to exact the price of blood. This option was wisely withheld from the Hebrew avenger by the law of the present chapter. To have attacked the popular notion of honour absolutely, would probably have rendered the new law inoperative. Something therefore was conceded to it, in allowing the goel to become the executioner, and by rendering it not unlawful for him to slay the homicide who had not filed to the places of refuge or was found beyond their limits. Yet so much good was obtained, that the goel could but very rarely kill an innocent man, and that a judicial inquiry usually preceded the exercise of his revenge. And this inquiry had the advantage that, even when it terminated in condemnation, it was calculated to prevent the murderer's family from seeking vengeance on the avenger; for most people would feel that no injustice had been done. Thus alternate murders on either side, for many generations, till the respective families were nearly or quite extirpated -as we sometimes see in Arabia and elsewhere-would no longer be likely to occur. Judging from the subsequent history, it would seem that the object of this law was completely attained ; for we read of no examples of family feuds and enmities proceeding from the avengement of blood, or of murders either openly or treacherously perpetrated under the national idea of honour; although the history of Joab furnishes two instances in which it was used as a pretext. On the subject of this note further information will be found in Michaelis's Commentaries;' the Koran, Sale’s • Preliminary Discourse,' and chaps. ii. and xvii ; • Mischat-ul-Masabih,' Book xiv. ; Burckhardt's Notes on the Bedouins ;' Niebuhr's Voyage en Arabie ;' D'Arvieux's • Travels in Arabia ;' Malcolm's - History of Persia,' &c. Numerous references might be added from the accounts of travels in various countries to the usages to which we have here adverted.

CHAPTER XXXVI.

inheritance of Zelophehad our brother unto

his daughters. i The inconvenience of the inheritance of daughters 3 And if they be married to any of the

5 is remedied by marrying in their own tribes, sons of the other tribes of the children of 7 lest the inheritance should be removed from the tribe. 10 The daughters of Zelophehad marry

Israel, then shall their inheritance be taken their father's brothers' sons.

from the inheritance of our fathers, and shall

be put to the inheritance of the tribe *whereAnd the chief fathers of the families of the unto they are received: so shall it be taken children of Gilead, the son of Machir, the from the lot of our inheritance. son of Manasseh, of the families of the sons 4 And when the jubilc of the children of of Joseph, came near, and spake before Moses, Israel shall be, then shall their inheritance and before the princes, the chief fathers of be put into the inheritance of the tribe the children of Israel :

whereunto they are received: so shall their 2 And they said, 'The Lord commanded inheritance be taken away from the inheritmy lord to give the land for an inheritance ance of the tribe of our fathers. by lot to the children of Israel: and my lord 5 And Moses commanded the children of was commanded by the Lord to give the Israel according to the word of the LORD,

Chap. 27. 1. Josh. 17. 3. 9 Heb. unto whom they shall be. 426

1

ance.

saying, The tribe of the sons of Joseph hath | from one tribe to another tribe; but every said well.

one of the tribes of the children of 6 This is the thing which the Lord doth Israel shall keep himself to his own inheritcommand concerning the daughters of Zelophehad, saying, Let them marry to whom 10 Even as the LORD commanded Moses, they think best; *only to the family of the so did the daughters of Zelophehad: tribe of their father shall they marry:

11 For Mahlah, Tirzah, and Hoglah, 7 So shall not the inheritance of the child and Milcah, and Noah, the daughters of dren of Israel remove from tribe to tribe: for Zelophehad, were married unto their father's every one of the children of Israel shall keep brothers' sons: himself to the inheritance of the tribe of his 12 And they were married into the fathers.

families of the sons of Manasseh the son 8 And every daughter, that possesseth an of Joseph, and their inheritance remained inheritance in any tribe of the children of in the tribe of the family of their father. Israel, shall be wife unto one of the family of 13 These are the commandments and the the tribe of her father, that the children of judgments, which the LORD commanded by Israel may enjoy every man the inheritance the hand of Moses unto the children of of his fathers.

Israel in the plains of Moab by Jordan near 9 Neither shall the inheritance remove Jericho.

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Verse 13. Plains of Moab.—The territory of Moab lay south of the Arnon, and yet these “plains” are obviously to the north of that river “ by Jordan near Jericho.” This is accounted for by the fact that the Moabites had formerly possessed territories to the north of the Arnon, from which they had been driven out by the Amorites, the defeat of whom, under their king Sihon, by the Israelites, threw all the fine tract of country between the Arnon and the Jalbok into their possession, forming their first conquest of territory. The "plains of Moab," although on the north side of the Arnon, then, retained the name of the occupants previous to the Amorites. As the Israelites did not go to the Jordan while Moses lived, and Mount Nebo was the most advanced station in his lifetime, we are of course to understand the indication" by Jordan near Jericho” in the general sense of neighbourhood, or vicinity. Burckhardt, with a fair degree of probability, assigns the denomination to a considerable plain which occupies the greater part of the country between Mount Nebo and the Arnon, and which is enclosed between it and a small river called the Wale. This tract is now called El Koura, a term often applied to plains in Syria. The soil at present is very sandy and unfertile. The Wale joins the Arnon at about two hours' journey from the Dead Sea.

THE FIFTH BOOK OF MOSES,

CALLED

DE U T E R O N O M Y.

CHAPTER I.

7 Turn you, and take your journey, and

go to the mount of the Amorites, and unto i Moses' speech in the end of the fortieth year,

all the places nigh thereunto, in the plain, briefly rehearsing the story of God's promise, in the hills, and in the vale, and in the to search the land, 34 of God's anger for their south, and by the sea side, to the land of incredulity, 41 and disobedience.

the Canaanites, and unto Lebanon, unto the

great river, the river Euphrates.
HESE be the 8 Behold, I have set the land before
words which you: go in and possess the land which the
Moses spake LORD sware unto your fathers, 'Abraham,

unto all Israel Isaac, and Jacob, to give unto them and to
on this side their seed after them.
Jordan in the 9 And I spake unto you at that time,
wilderness, in saying, I am not able to bear you myself
the plain over alone :
against the 10 The Lord your God hath multiplied
Red sea, be- you, and, behold, ye are this day as the stars
tween Paran, of heaven for multitude.
and Tophel, 11 (The Lord God of your fathers make
and Laban, you a thousand times so many more as ye
and Haze- are, and bless you, as he hath promised
roth, and Di- you!)
zahab.

12 How can I myself alone bear your
2 (There are cumbrance, and your burden, and your
eleven days' strife?
journey from 13 °Take you wise men, and understand-
Horeb by the ing, and known among your tribes, and I
way of mount

will make them rulers over you.

Seir unto Ka- 14 And ye answered me, and said, The desh-barnea.)

thing which thou hast spoken is good for us 3 And it came to pass in the fortieth to do. year, in the eleventh month, on the first day 15 So I took the chief of your tribes, wise of the month, that Moses spake unto the men, and known, and made them heads children of Israel, according unto all that over you, captains over thousands, and capthe LORD had given him in commandment tains over hundreds, and captains over unto them;

fifties, and captains over tens, and officers 4 'After he had slain Sihon the king of among your tribes. the Amorites, which dwelt in Heshbon, and 16 And I charged your judges at that Og the king of Bashan, which dwelt at As- time, saying, Hear the causes between your taroth in Edrei:

brethren, and judge righteously between 5 On this side Jordan, in the land of every man and his brother, and the stranger Moab, began Moses to declare this law, that is with him. saying,

17 'Ye shall not respect persons in judg6 The Lord our God spake unto us in ment; but ye shall hear the small as well as Horeb, saying, Ye have dwelt long enough the great; ye shall not be afraid of the face in this mount:

of man; for the judgment is God's: and the 10t, Zuph.

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3 Heb. all his neighbours.

4 Heb. given.
5 Gen. 15. 18, and 17.7,8.

6 Heb. give. 1 Heb. gase. Levit. 19. 15. Chap. 16. 19. 1 Sam. 16.7. Prov. 24. 23. 10 Heb, acknowledge faces.

2 Num. 21. 24.

8 John 7. 24.

cause that is too hard for

you,

bring it unto hast seen how that the Lord thy God bare me, and I will hear it.

thee, as a man doth bear his son, in all the 18 And I commanded you at that time way

that

ye went, until ye came into this all the things which ye should do.

place. 19 And when we departed from Horeb, 32 Yet in this thing ye did not believe we went through all that great and terrible the LORD your God, wilderness, which ye saw by the way of the 33 "Who went in the way before you, to mountain of the Amorites, as the Lord our search you out a place to pitch your tents God commanded us; and we came to Ka- in, in fire by night, to shew you by what desh-barnea.

way ye should go, and in a cloud by day. 20 And I said unto you, Ye are come

34 And the LORD heard the voice of your unto the mountain of the Amorites, which words, and was wroth, and sware, saying, the LORD our God doth give unto us.

35 "Surely there shall not one of these 21 Behold, the LORD thy God hath set men of this evil generation see that good the land before thee: go up and possess it, land, which I sware to give unto your faas the LORD God of thy fathers hath said thers, unto thee ; fear not, neither be discou- 36 Save Caleb the son of Jephunneh; he raged.

shall see it, and to him will I give the land 22 | And ye came near unto me every that he hath trodden upon, and to his chilone of you, and said, We will send men be- dren, because he hath wholly followed the fore us, and they shall search us out the LORD. land, and bring us word again by what way 37 18 Also the LORD was angry with me we must go up, and into what cities we for your sakes, saying, Thou also shalt not shall come.

go in thither. 23 And the saying pleased me well: and 38 But Joshua the son of Nun, which "I look twelve men of you, one of a tribe : standeth before thee, he shall go in thither:

24 And they turned and went up into encourage him: for he shall cause Israel to the mountain, and came unto the valley of inherit it. Eshcol, and searched it out.

39 Moreover your little ones, which ye 25 And they took of the fruit of the land said should be a prey, and your children, in their hands, and brought it down unto which in that day had no knowledge beus, and brought us word again, and said, It tween good and evil, they shall go in thiis a good land which the Lord our God ther, and unto them will I give it, and they doth give us.

shall possess it. 26 Notwithstanding ye would not go up, 40 But as for you, turn you, and take but rebelled against the commandment of your journey into the wilderness by the way the LORD your God :

of the Red sea. 27 And ye murmured in your tents, and 41 Then ye answered and said unto me, said, Because the Lord hated us, he hath We have sinned against the LORD, we will brought us forth out of the land of Egypt, go up and fight, according to all that the to deliver us into the hand of the Amorites, LORD our God commanded us. And when to destroy us.

ye had girded on every man his weapons of 28 Whither shall we go up? our brethren war, ye were ready to go up into the hill. have discouraged our heart, saying, The 42 And the LORD said unto me, Say unto people is greater and taller than we; the them, Go not up, neither fight; for I am not cities are great and walled up to heaven; among you; lest ye be smitten before your and moreover we have seen the sons of the 14 Anakims there.

43 So I spake unto you; and ye would 29 Then I said unto you, Dread not, not hear, but rebelled against the commandneither be afraid of them.

ment of the LORD, and went presump30 The Lord your God which goeth be- tuously up into the hill. fore you, he shall fight for you, according to 44 And the Amorites, which dwelt in all that he did for you in Egypt before your that mountain, came out against you, and eyes ;

chased you, as bees do, and destroyed you 31 And in the wilderness, where thou in Seir, eren unto Hormah.

enemies.

11 Num. 13. 3. 12 Num. 13. 94. 13 Heb. melted. 14 Num. 13. 28. 15 Exod. 13. 21. 16 Num. 14. 29. 17 Heb. fulfilled to go after. 18 Num. 20. 12, and 27. 14. Chap. 3. 26, and 4. 21, and 34. 4. 19 Num. 14, 40. 20 Heb. you were presumptuous, and went up.

45 And ye returned and wept before the 46 So ye abode in Kadesh many days, LORD; but the LORD would not hearken to according unto the days that ye abode your voice, nor give ear unto you.

there.

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DEUTERONOMY.—This name, like that of the Vulgate (Deuteronomium), is from the Septuagint, which calls it AEYTEPONOMION; meaning the repetition of the law,” or “the second law" - Alvtipos Novos-because it contains a connected recapitulation, for the instruction of the new generation, of the laws and ordinances which had formerly been delivered occasionally, and at various intervals. This, however, is not exclusively its character, as we find in it various important particulars which do not occur in the preceding books. The Hebrews themselves give the book several names. The first is, as usual, from the first words of the text, O'n270 kg (elleh ha-debarim), “ these are the words.” Some of the Rabbins call it nindin 720 (sepher tokechoth), “the book of reproofs," on account of the frequent and severe reprehensions of the Israelites which it contains ; while others call it in two (mishreh torah), “ the repetition of the law,” which was the title preferred by the Septuagint. The end of the book contains some new and important circumstances, which are not contained in Numbers; and although the book is in its substance no other than a compendium of what has preceded, yet the frequently new matter, the additional details which are often given, and even the varied form in which the same thing is expressed, concur to render this book not only of the greatest importance in itself, but of the utmost value as a commentary on the three preceding books, furnishing the best elucidation which it is possible to obtain of the difficulties which occasionally occur in them.

Verse 1. “ The Red sea.”—The word " sea" (D') does not occur in the original, as the Italics denote, and the word 910 (suph) does not mean red. Unquestionably, when the two words come together they denote what we call the Red Sea ; but when one of them only occurs, it is rather too much to conclude that the Red Sea is intended. Besides the Israelites are not at present near the Red Sea, but in the plains of Moab, not far from the eastern banks of the Jordan. Suph is, therefore, probably the proper name of some place in this neighbourhood. This is the opinion of Houbigant, Waterland, and Boothroyd, who concur in reading it—" in the plain over against Suph.”

Paran, and Tophel, and Laban, and Hazeroth, and Dizahah.”—Two of these names, Paran and Hazeroth, occur also in the list of stations in the wilderness, and the whole are therefore thought by many, very inconsiderately, to have been such stations; the other names, which do not occur, being assigned, without the least authority-Tophel to Kibroth-Hattaavah, Laban to Libnah, and Dizahab to Ezion-gaber. It is clear, however, that Paran is not the wilderness of Paran, but, like the others, a place somewhere on the frontiers of the country in which the Israelites now were, which was in the plains of Moab,” near the southern extremity of the Dead Sea. Íhose Rabbins who adopt the above opinion, exhibit its untenable character by throwing in a clause between each name, in order to convey the sense, that Moses spoke, on the other side of Jordan, of what had happened at the several places mentioned: and indeed this is

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