In the "Israelite" of February 9, 1866, we have, on this subject, the report of M. Legoyt, chief of a division of the ministry of commerce and public works, one of the first statisticians of France. He says: "We have seen that all the documents put together are affirmative of an exceptional vitality of the Jews. How can this phenomenon be explained? Dietrici, after having demonstrated its existence in Prussia, thinks it is to be attributed to greater temperance, a better regulated life, and purer morals. This is likewise the opinion of Drs. Neufville, Glatter, and Meyer. Cases of drunkenness, says Dietrici, frequent among the Christians, occur very rarely among the Jews. This regularity and discipline, and greater self-control, of Jewish life is confirmed by the criminal statistics of Prussia, which show fewer Jews condemned for crime."
M. Legoyt goes on to account for this longevity and exceptional vitality of the Jews by the facts of their family life: that early marriages are more common; that great care is taken to provide for the exigencies of marriage; that there are fewer children born, and thus they are better cared for; that family feeling is more strongly developed than in other races; that the Jewish mother is the nurse of her own infant, and that great care and tenderness are bestowed on young children.
It is evident that the sanitary prescriptions of the Mosaic law have an important bearing on the health. If we examine these laws of Moses, we shall find that they consist largely in dietetic and sanitary regulations, in directions for detecting those diseases which vitiate the blood, and removing the subjects of them from contact with their fellows.
But the greatest peculiarity of the institutes of Moses is their care of family life. They differed from the laws of all other ancient nations by making the family the central point of the state. In Rome and Greece, and in antiquity generally, the ruling purpose was war and conquest. War was the normal condition of the ancient world. The state was for the most part a camp under martial law, and the interests of the family fared hardly. The laws of Moses, on the contrary, contemplated a peaceful community of land-holders, devoted to agriculture and domestic life. The land of Canaan was divided into homesteads; the homestead was inalienable in families, and could be sold only for fifty years, when it reverted again to the original heirs. All these regulations gave a quality of stability and perpetuity to the family. We have also some striking laws which show how, when brought into immediate comparison, family life is always considered the first; for instance, see Deuteronomy xxiv. 5: "When a man hath taken a new wife he shall not go out to war, neither shall he be charged with any business; but he shall be free at home one year, and shall cheer up his wife which he hath taken." What can more strongly show the delicate care of woman, and the high regard paid to the family, than this? It was more important to be a good husband and make his wife happy than to win military glory or perform public service of any kind.
The same regard for family life is shown, in placing the father and the mother as joint objects of honor and veneration, in the Ten Commandments: "Honor thy father and thy mother, that thy days may be long in the land that the Lord thy God giveth thee." Among the Greeks, the wife was a nonentity, living in the seclusion of the women's apartments, and never associated publicly with her husband as an equal. In Rome, the father was all in all in the family, and held the sole power of life and death over his wife and children. Among the Jews, the wife was the co-equal queen of the home, and was equally honored and obeyed with her husband. Lest there should be any doubt as to the position of the mother, the command is solemnly reiterated, and the mother placed first in order: "And the Lord spake to Moses, speak unto the children of Israel and say unto them, Ye shall be holy, for I the Lord your God am holy. Ye shall fear every man his MOTHER and his father. I am the Lord." (Lev. xix. 3.) How solemn is the halo of exaltation around the mother in this passage, opened with all the authority of God, – calling to highest holiness, and then exalting the mother and the father as, next to God, objects of reverence!
Family government was backed 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.
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