---
title: "The Special Laws — Books I–IV"
author: "Philo of Alexandria"
translator: "C. D. Yonge"
languages: [en]
shelf: "Second Temple"
section: 64 of 80
url: https://scriptura.si/works/philo-tlg024-yonge-ogl/64/
cite: "Philo of Alexandria, tr. C. D. Yonge, The Special Laws — Books I–IV, section 64. Scriptura (scriptura.si), https://scriptura.si/works/philo-tlg024-yonge-ogl/64/"
---

# The Special Laws — Books I–IV

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

## 64. Section 4.34

Source: https://scriptura.si/works/philo-tlg024-yonge-ogl/64/ · cite a paragraph as https://scriptura.si/works/philo-tlg024-yonge-ogl/64/#p-N

[¶0] And if they are not taken, then the man who received the deposit shall go of his own accord before the divine tribunal, and stretching out his hands to heaven shall swear by his own life that he himself had no hand in the theft from any desire to appropriate what had been deposited with him, and that he did not voluntarily give it up to any one else; and that, moreover, he is not making a false statement of a robbery which has never taken place. Exodus xxii, 7. For it would be absurd to punish a man who has done no wrong, or for a man who had taken refuge in the assistance of a friend when he was being injured by others, now to become the cause of injury to that friend. ~

### Section 4.35

[¶2] And deposits consist not only of inanimate things but also of animals: the danger of which last is twofold; first, that while they share in common with inanimate things in being liable to be stolen, and also one which is distinct and peculiar to themselves, that they are liable to die. We have hitherto been speaking only of the first kind of deposit, but we must now also explain the law about the second.

### Section 4.36

[¶4] If now any cattle which have been entrusted as a deposit die, then he who has received the deposit shall send for him who committed it to him, and show him the matter, protecting himself from any evil suspicion; but if the depositor be absent, then it is not proper to send for any one else, whose notice perhaps the depositor might have been desirous to escape; but when the depositor returns home, his friend shall swear to him that he has not been concealing any Exodus xxii, 7. unjust appropriation of the animals by a false statement of their death.

### Section 4.37

[¶6] And if any one receives anything not as a deposit, but because he has borrowed it to use, whether it is a vessel or an animal; then if he be robbed of it, whichever it may be, or if the animal die, while the man who lent it is living with the borrower, the borrower shall not be liable, as the owner himself can be brought as a witness that there is no false pretence in the business; but if the lender be not with him at the time, he shall pay the value.

### Section 4.38

[¶8] Why so? because it is possible that the man who used the animal when the owner was not present may have either worn him out by continual labour so as to kill him, or may have worn out the vessel, from not taking any care of the property of another of which he ought to have been careful, and to have put it away, and not to have given thieves an easy opportunity of stealing it.

### Section 4.39

[¶10] But as our lawgiver was acute beyond all other men at discerning the consequences of actions, he proceeds to enact a series of prohibitions, one after another, preserving a due connection between them, and taking care that his later commandments shall be consistent with his earlier ones. And with this harmonious connection of what was to be said by him, he tells us that he was divinely inspired by the person of God speaking to him in this manner:— "Ye shall not steal. "Ye shall not speak falsely, and bring false accusations against your neighbour. "And ye shall not swear by my name to compass an unjust end, and ye shall not profane my name." Leviticus xix. 11.

### Section 4.40

[¶12] These injunctions are given with great beauty and very instructively; for the thief being convicted by his own conscience denies and speaks falsely, fearing the punishment which would ensue upon his confession. And he who denies an action seeks to attach the imputation to some one else, bringing a false accusation against him, and imagines devices: to make his false aceusation appear probable; and every false accuser is at once a perjured man, thinking but little of piety, since he has no just proofs; on which account he has recourse to what is called the inartificial mode of proof, that Leviticus xix. 11. by oaths, thinking that by the invocation of God he shall produce belief among those who hear him. But let such an one know that he is ungodly and impious, inasmuch as he is defiling that which by nature is undefiled, the good and holy name of God.

### Section 4.41

[¶14] THOU SHALT NOT BEAR FALSE WITNESS. Exodus xx. 16.

[¶15] This is the ninth of the ten commandments, being the fourth in number of those in the second table; but one which is calculated to bestow ten thousand benefits on human life if it be kept, as, on the other hand, it may injure men in innumerable ways if it is neglected;

### Section 4.42

[¶17] for the false accuser is to be blamed, but he who bears witness to what is false is more guilty still; for the one acts only from a desire to protect himself, but the other is wicked from his wish to co-operate with another in iniquity. And in the comparison of wicked men he who does wrong for his own sake is less unrighteous than he who does so for another.

### Section 4.43

[¶19] And every judge looks with suspicion on an accuser, as likely to pay but little attention to truth for the sake of coming off in safety himself, on which account the accuser stands in need of a preface to beg the attention of the hearer while he is speaking; but if the judge has no prejudice against a witness on any personal grounds he receives his evidence with a willing mind and open ears, while he is covering over those most excellent things, truth and good faith, with specious language. And the false witnesses use seductive words as a sportsman uses bait for the purpose of attaining the objects which he desires and aims at.

### Section 4.44

[¶21] For which reasons, in many parts of his enactment of the law, he commands that we should not approve of any wicked man or action. Exodus xxiii. 1. For any approbation of what is not virtuous is likely to lead to giving false evidence; since every one to whom iniquity is a disagreeable and hateful thing is a friend of truth.

### Section 4.45

[¶23] Now there is no great wonder in a man’s having connected himself with one wicked person, who has incited him to an action resembling his own character; but it is a sign of a noble soul, and of a disposition practised in manly resolutions not to follow a multitude to do evil, like a man borne down over a precipice by the Exodus xx. 16. Exodus xxiii. 1. collective force of a torrent.