Page:Works Translated by William Whiston.djvu/132

 yield herself to be corrupted, either for pleasure or for gain. However, if a man light on a woman when she is alone, and forces her, where nobody was present to come to her assistance, let him only be put to death. Let him that hath corrupted a virgin not yet espoused marry her; but if the father of the damsel be not willing that she should be his wife, let him pay fifty shekels as the price of her prostitution. He that desires to be divorced from his wife for any cause (25) whatsoever, (and many such causes happen among men,) let him in writing give assurance that he will never use her as his wife any more; for by this means she may be at liberty to marry another husband, although before this bill of divorce be given, she is not to be permitted so to do: but if she be misused by him also, or if, when he is dead, her first husband would marry her again, it shall not be lawful for her to return to him. If a woman's husband die, and leave her without children, let his brother marry her, and let him call the son that is born to him by his brother's name, and educate him as the heir of his inheritance, for this procedure will be for the benefit of the public, because thereby families will not fail, and the estate will continue among the kindred; and this will be for the solace of wives under their affliction, that they are to be married to the next relation of their former husbands. But if the brother will not marry her, let the woman come before the senate, and protest openly that this brother will not admit her for his wife, but will injure the memory of his deceased brother, while she is willing to continue in the family, and to hear him children. And when the senate have inquired of him for what reason it is that he is averse to this marriage, whether he gives a bad or a good reason, the matter must come to this issue, That the woman shall loose the sandals of the brother, and shall spit in his face, and say, He deserves this reproachful treatment from her, as having injured the memory of the deceased. And then let him go away out of the senate, and bear this reproach upon him all his life long; and let her marry to whom she pleases, of such as seek her in marriage. But now, if any man take captive, either a virgin, or one that hath been married, (26) and has a mind to marry her, let him not be allowed to bring her to bed to him, or to live with her as his wife, before she hath her head shaven, and hath put on her mourning habit, and lamented her relations and friends that were slain in the battle, that by this means she may give vent to her sorrow for them, and after that may betake herself to feasting and matrimony; for it is good for him that takes a woman, in order to have children by her, to be complaisant to her inclinations, and not merely to pursue his own pleasure, while he hath no regard to what is agreeable to her. But when thirty days are past, as the time of mourning, for so many are sufficient to prudent persons for lamenting the dearest friends, then let them proceed to the marriage; but in case when he hath satisfied his lust, he be too proud to retain her for his wife, let him not have it in his power to make her a slave, but let her go away whither she pleases, and have that privilege of a free woman.

24. As to those young men that despise their parents, and do not pay them honor, but offer them affronts, either because they are ashamed of them or think themselves wiser than they, - in the first place, let their parents admonish them in words, (for they are by nature of authority sufficient for becoming their judges,) and let them say thus to them: - That they cohabited together, not for the sake of pleasure, nor for the augmentation of their riches, by joining both their stocks together, but that they might have children to take care of them in their old age, and might by them have what they then should want. And say further to him, "That when thou wast born, we took thee up with gladness, and gave God the greatest thanks for thee, and brought time up with great care, and spared for nothing that appeared useful for thy preservation, and for thy instruction in what was most excellent. And now, since it is reasonable to forgive the sins of those that are young, let it suffice thee to have given so many indications Of thy contempt of us; reform thyself, and act more wisely for the time to come; considering that God is displeased with those that are insolent towards their parents, because he is himself the Father of the whole race of mankind, and seems to bear part of that dishonor which falls upon those that have the same name, when they do not meet with dire returns from their children. And on such the law inflicts inexorable punishment; of which punishment mayst thou never have the experience." Now if the insolence of young men be thus cured, let them escape the reproach which their former errors deserved; for by this means the lawgiver will appear to be good, and parents happy, while they never behold either a son or a daughter brought to punishment. But if it happen that these words and instructions, conveyed by them in order to reclaim the man, appear to be useless, then the offender renders the laws implacable enemies to the insolence he has offered his parents; let him therefore be brought forth (27) by these very parents out of the city, with a multitude following him, and there let him be stoned; and when he has continued there for one whole day, that all the people may see him, let him be buried in the night. And thus it is that we bury all whom the laws condemn to die, upon any