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Antiquities of the Jews

Josephus, Flavius · c. 93–94 CE primary

passage 264 of 1072 · BOOK I. Containing The Interval Of Three Thousand Eight Hundred And > CHAPTER 8. The Polity Settled By Moses; And How He Disappeared From (13/25)

in brief
Further legal rules demand immediate retaliation in certain injuries, address causing miscarriage and poisoning, apply mirror-like maiming punishments, regulate dangerous ox ownership, and require barriers around wells and pits.
  1. In like manner, let no one revile a person blind or dumb.

  2. If men strive together, and there be no instrument of iron, let him that is smitten be avenged immediately, by inflicting the same punishment on him that smote him: but if when he is carried home he lie sick many days, and then die, let him that smote him not escape punishment; but if he that is smitten escape death, and yet be at great expense for his cure, the smiter shall pay for all that has been expended during the time of his sickness, and for all that he has paid the physician. He that kicks a woman with child, so that the woman miscarry, 28 let him pay a fine in money, as the judges shall determine, as having diminished the multitude by the destruction of what was in her womb; and let money also be given the woman's husband by him that kicked her; but if she die of the stroke, let him also be put to death, the law judging it equitable that life should go for life.

  3. Let no one of the Israelites keep any poison 29 that may cause death, or any other harm; but if he be caught with it, let him be put to death, and suffer the very same mischief that he would have brought upon them for whom the poison was prepared.

  4. He that maimeth any one, let him undergo the like himself, and be deprived of the same member of which he hath deprived the other, unless he that is maimed will accept of money instead of it 30 for the law makes the sufferer the judge of the value of what he hath suffered, and permits him to estimate it, unless he will be more severe.

  5. Let him that is the owner of an ox which pusheth with his horn, kill him: but if he pushes and gores any one in the thrashing-floor, let him be put to death by stoning, and let him not be thought fit for food: but if his owner be convicted as having known what his nature was, and hath not kept him up, let him also be put to death, as being the occasion of the ox's having killed a man. But if the ox have killed a man-servant, or a maid-servant, let him be stoned; and let the owner of the ox pay thirty shekels 31 to the master of him that was slain; but if it be an ox that is thus smitten and killed, let both the oxen, that which smote the other and that which was killed, be sold, and let the owners of them divide their price between them.

  6. Let those that dig a well or a pit be careful to lay planks over them, and so keep them shut up, not in order to hinder any persons from drawing water, but that there may be no danger of falling into them. But if any one's beast fall into such a well or pit thus digged, and not shut up, and perish, let the owner pay its price to the owner of the beast. Let there be a battlement round the tops of your houses instead of a wall, that may prevent any persons from rolling down and perishing.

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topics: crime and punishment · property, inheritance, and title

Antiquities of the Jews · Josephus, Flavius · 93–94