Page:The Green Bag (1889–1914), Volume 12.pdf/518

 Chapters from the Biblical Law.

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CHAPTERS FROM THE BIBLICAL LAW. THE JUDGMENT V. OF SOLOMON.

BY DAVID WERNER AMRAM. THE wisdom of King Solomon is the theme of writers of the three great re ligions which sprung from Judaea. In legend and story he has been extolled as the wisest of men, whose insight into the mysteries of life transcended that of all other men, and whose great practical sagacity made him the wonder of the world. Of the many stories concerning his wisdom there is one recorded in the Bible, which may or may not have liad a foundation in some actual occurrence, but which in its recorded form must certainly be classed with the legends. It presents Solo mon in the exercise of his judicial function, as an Oriental potentate dispensing justice to all comers in his great Hall of Justice. The narration can hardly be said to contain a chapter of Biblical law; it is but the record of the decision of an Eastern judge, whose judgment was rendered after the peculiar manner of those primitive tribunals, which have not as yet established a system of law but which depend upon the inspiration of the moment to reach some sort of just decision. Under the law as we have it codified in the Pentateuch, such a proceeding would have been impossible, but to the irresponsible king all things are possible, his will is the law, and his sense of justice is his people's jurispru dence. In the Biblical story of Solomon's judgment the legendary elements are inter twined with many interesting suggestions of the procedure in such royal oriental courts of law, and it is curious to note that many of the points of procedure that may be found stated either expressly or by inference in the account of the judgment of Solomon, find confirmation in the opinions of the Talmudists.

The king was seated on the judgment seat in his great hall, when two women that were harlots entered and stood before him. The Jewish law always prescribed this relative position of the parties, the judge seated and the litigants standing. And the one woman said, " Oh, my lord, I and this woman dwell in one house and I gave birth to a child with her in the house, and on the third day that I was delivered this woman was delivered also, and we were together, no stranger was with us in the house, save we two alone. And the child of this woman died in the night for she overlaid it, and she arose at midnight and took my child from me and she laid it in her bosom, and her child, the dead one, she laid in my bosom. And when I arose in the morning to give suck to my child behold he was dead, but when I had considered it in the morning, behold, it was not my son which I did bear." Then said the other woman, " Nay, for my son is the living one and thy son is the dead." And this one said, " Nay, for thy son is the dead one and my son is the living." Thus they spoke before the king. Upon this state of facts the king was asked to render judgment — a worthy test of his wisdom. Here was the statement of one against the statement of the other, no witnesses being produced by either side, no husband, friend or relative to add to the weight of the testimony of either of the parties. The legend states the facts in such a manner as to preclude any judgment based upon ordinary methods of investigation, and requiring the exercise of extraordinary sagaci ty to discover the truth. It may be that by cross-examination Solomon might have con