---
title: "The Special Laws — Books I–IV"
author: "Philo of Alexandria"
translator: "C. D. Yonge"
languages: [en]
shelf: "Second Temple"
section: 43 of 80
url: https://scriptura.si/works/philo-tlg024-yonge-ogl/43/
cite: "Philo of Alexandria, tr. C. D. Yonge, The Special Laws — Books I–IV, section 43. Scriptura (scriptura.si), https://scriptura.si/works/philo-tlg024-yonge-ogl/43/"
---

# The Special Laws — Books I–IV

*Philo of Alexandria, tr. C. D. Yonge*

## 43. Section 2.243

Source: https://scriptura.si/works/philo-tlg024-yonge-ogl/43/ · cite a paragraph as https://scriptura.si/works/philo-tlg024-yonge-ogl/43/#p-N

[¶0] Now there is one common penalty affixed to them all, namely, death, through which all such offences have a kind of relationship to one another. But the causes of this sentence being pronounced in such cases are different, and we must begin with the last, the one that relates to parents, since it is in reference to this one that the words are still ringing in our ears, "If any one shall beat his father or his mother, let him be stoned." Exodus xxi, 15. And very justly, for it is not fit that that man should live who insults those who are the causes of his living;

### Section 2.244

[¶2] but some of the men of high rank, and some of the lawgivers, looking rather at the vain opinions of men than at the truth, have softened this commandment, and instituted as a penalty, for Exodus xxi, 15. those who beat their fathers, that their hands should be cut off; and for the sake of bearing a good reputation in the eyes of hasty and inconsiderate persons, they profess to them that it is becoming, that the parts with which such men have struck their parents should be cut off;

### Section 2.245

[¶4] but it is a piece of folly to be angry with the servants rather than with those who are the causes of such folly; for it is not the hands that behave with such insolence, but insolent men perform their actions with their hands, and it is the men who must be punished, unless indeed it can be called fitting to let men go who have committed murder with the sword, and to content one’s self with throwing away the sword; and unless, on the contrary, one ought not to give honour to those who have shown preeminent valour in war, but to the inanimate coats of armour, by means of which they have behaved themselves valiantly;

### Section 2.246

[¶6] and unless again it is reasonable, in the case of those who have gained the victory in the gymnastic games, in the stadium, or the double race, or the long straight course, or in the contest of boxing, or in the pancratium, to attempt to crown only the legs and arms of the conquerors, and to let the whole of their bodies remain unhonoured. Surely it would be a ridiculous thing to lay down such principles as these, and to abstain in consequence from punishing or honouring those who were the real causes of the results in question; for we do not pass over a man who has given a splendid exhibition of musical skill, playing exquisitely on the flute or the lyre, and think the instruments themselves worthy of proclamations and honours.

### Section 2.247

[¶8] Why, then, should we deprive of their hands men who beat their fathers, O you most noble lawgivers? Is it that they may for the future be wholly useless for any purpose whatever, and that they may exact as a tribute, not once a year but every day, from those whom they have treated with iniquity, compelling them to supply them with necessary food, as being unable to provide for themselves? For their father is not so wholly hard-hearted as to endure to see even a son who has so grievously offended against him dying of hunger, after his anger has been blunted by time.

### Section 2.248

[¶10] And even if he has not laid hands upon his parents, but has only spoken ill of those whom he was bound to praise and bless, or if he has in any other manner done anything which can tend to bring his parents into disrepute, still let him die. Exodus xxi. 16. Exodus xxi. 16. For since he is a common enemy, and if one may tell the plain truth, he is a public enemy of all men, to whom else can he be kind and favourable when he is not so to the authors of his being, by whose means he came into this world, and of whom he is a sort of supplement?

### Section 2.249

[¶12] Again, let the man who has profaned the sacred seventh day as far as it may have lain in his power, be liable to the punishment of death. For, on the contrary, it is proper rather to provide whatever is profane, be it a thing or be it a person, with means of purification, in order to induce a change for the better, since "envy," as some one has said, "goes forth out of the divine company." But to dare to adulterate or to deface the holy coinage is an act which displays an extraordinary degree of impiety.

### Section 2.250

[¶14] In that ancient migration which took place when the people of Israel left Egypt, and when the whole multitude was travelling through the pathless wilderness, when the seventh day came all those myriads of men which I have described before rested in their tents in perfect tranquillity; but one man, and he not one of the most despised or lowest class of the people, disregarding the commands which were laid upon the nation, and ridiculing those who attended to them, went forth to pick up sticks, but in reality to show his contempt for and violation of the law.

### Section 2.251

[¶16] And he indeed came back bearing with him a faggot in his arm, but the men who remained in their tents although inflamed with anger and exasperated by his conduct, nevertheless did not at once proceed to very harsh measures against him that day by reason of the holy reverence due to the day, but they led him before the ruler of the people, and made known his impious action, and he having committed him to prison, after a command had been given to put him to death, gave the man up to those who had originally seen him to execute. As therefore, in my opinion, it was not permitted to kindle a fire on the seventh day for the reason which I have already mentioned, so likewise it was not lawful to collect any fuel for a fire.

### Section 2.252

[¶18] Against those who call God as a witness in favour of assertions which are not true, the punishment of death is ordained in the law; Deuteronomy xix. 19. and very properly, for even a man of Deuteronomy xix. 19. moderate respectability will never endure to be cited as a witness, and to have his name registered in support of a lie. But it seems to me that he would look upon any one who proposed such a thing to him as a thoroughly faithless enemy;

### Section 2.253

[¶20] on which account we must say this, that him, who swears rashly and falsely, calling God to witness an unjust oath, God, although he is merciful by nature, will yet never release, inasmuch as he is thoroughly defiled and infamous from guilt, even though he may escape punishment at the hands of men. And such a man will never entirely escape, for there are innumerable beings looking on, zealots for and keepers of the national laws, of rigid justice, prompt to stone such a criminal, and visiting without pity all such as work wickedness, unless, indeed, we are prepared to say that a man who acts in such a way as to dishonour his father or his mother is worthy of death, but that he who behaves with impiety towards a name more glorious than even the respect due to one’s parents, is to be borne with as but a moderate offender.

### Section 2.254

[¶22] But the lawgiver of our nation is not so foolish as, after putting to death men who are guilty of minor offences, then to treat those who are guilty of heavier crimes with mildness, since surely it is a greater iniquity than even to speak disparagingly or to insult one’s parents, to show a contempt for the sacred name of God by means of perjury.

### Section 2.255

[¶24] And if even he who swears in an unbecoming manner is guilty and blameable, of what punishment is that man worthy who denies the one only true and living God and now honours the creature above the Creator, and chooses to honour not only the earth and the water, or the air, or the fire, the elements of the universe, or again the sun and moon, and the planets and fixed stars, and the whole of heaven, and the universal world, but even stocks and stones, which mortal workmen have fashioned, and which by them have been shaped into human figures?