Page:The Green Bag (1889–1914), Volume 13.pdf/346

 Chapters from the Biblical Law. CHAPTERS FROM

THE

313

BIBLICAL LAW.

BY DAVID WERNER AMRAM.

THE CASE OF BOAZ AND RUTH. THE Book of Ruth contains only four chapters, but because of the unaffected picture of ancient manners that it presents, it is generally considered to be one of the most interesting of the books of the Bible. The principal legal questions presented in this book are the ones involving the right of in heritance to land under the law of intestate succession, and the questions arising out of the right of redemption of an estate of in heritance by the nearest kinsman so that it may not fall into the hands of strangers, and that the "name of the dead may be raised upon his inheritance." It is probable that the Book of Ruth was written long after the events which it narrates. There is slight evidence of this in the peculiar phraseology of the fourth chapter, seventh verse, "Now this was the manner in former times in Is rael." The facts of the case, so far as they interest us in their legal aspect, are these: Elimelech living in Bethlehem owned an estate in land. During a famine, he, together with his wife Naomi and his two sons Mahlon and Chilion left his home and went down into Moab and dwelt there. While living here Elimelech died, leaving his widow and two sons surviving him. The latter married Moabitish women; the name of the one was Orpah and the name of the other Ruth; and they continued to live in Moab for about ten years. Then both the sons, Mahlon and Chilion, died, leaving no children, and their mother, Naomi, was left with her two daugh ters-in-law. She then determined to return to Bethlehem, and attempted to persuade her daughters-in-law to return each to her mother's house. One of them, Orpah, did as she requested; the other, Ruth, insisted upon accompanying her saying, "Whither thou goest, I will go; where thou lodgest, I

will lodge; thy people shall be my people, and thy God, my God; where thou diest will I die, and there will I be buried." So Naomi and Ruth returned to Bethlehem. What was the legal status of the parties with reference to Elimelech's estate of in heritance? When Elimelech died leaving a widow and two sons, his estate descended absolutely to his two sons: the older of the sons obtained a double share. It is not known which of the two sons was the first to die, but this is a matter of no importance, because either would have inherited from the other. Both of them being dead, the estate descended to the nearest male kinsman of the sons of Elimelech, subject, however, to a certain inchoate right existing in the widow of the last owner, which will be considered later. When Naomi and Ruth returned to Beth lehem they were so poor that the younger woman had to go out and glean in the fields behind the reapers for the purpose of gather ing enough food to maintain them. The Poor Laws of the Jews provided that the gleanings of the harvest must not be gath ered by the owner of the field, but must be left on the ground for the poor and stranger; and it was by virtue of this beneficent law that Naomi and Ruth were able to subsist with out demanding alms. It chanced that Ruth gleaned in the field of Boaz, a kinsman of Elimelech. This being made known to Naomi reminded her of her husband's es tate, and she then conceived a plan of bring ing Boaz and Ruth together in the hope that he, as her kinsman, would marry Ruth and provide for them; and the plan succeeded. The beauty and modesty of Ruth attracted Boaz, and he promptly fell in love with her. Now came the real difficulty. Boaz was not