wondrous of the methods of magic in regard to increase in rapidity in the production of the fruit of all trees that produce fruit. We have already explained to you and made known to you that the Law eschews all these magical operations. Therefore the Law forbids all that is grown by trees bearing edible fruit within the period of three years from the day they were planted. Accordingly there is no need, contrary to what they thought, to in¬ crease their rapidity in producing fruit. After three years, however, the produce of most of the trees in Syria bearing edible fruit attains its perfect state according to the course of nature, and there is no object in resorting to the generally known magical operation that was employed by them. Under¬ stand this wondrous thing too.
One of the opinions generally known in those times and perpetuated by the Sabians was expressed by their statement concerning the grafting of a tree of one species onto another tree. They said that if this is done | when a certain star is in the ascendant and if certain fumigations are made and certain invocations pronounced at the time of the grafting, that which is produced by the graft will be a thing that, as they believe, will be very useful. The clearest point concerning these things is the one mentioned in the beginning of the “Agriculture”58 concerning the grafting of the olive tree onto the citron tree. In my opinion it must indubitably be true that the book of medicaments that was suppressed by Hezekiah 59 belonged to this group. They also mention that when one species is grafted upon another, the bough that is meant to be grafted ought to be held in the hand of a beautiful girl40 and of a man who has come into her in a disgraceful manner that they describe and that the woman must graft the bough upon the tree while the two are performing this act. There is no doubt that this was generally adopted and that no one remained that acted otherwise, especially in view of the fact that in this custom pleasure of sexual intercourse is joined to the desire for the benefits in question. Therefore the mingling [of diverse species], I mean the grafting of one tree upon another, is forbidden, so that we shall keep far away from the causes of idolatry and from the abomina¬ tions of their unnatural kinds of sexual intercourse. It is with reference to the grafting of a tree that it has been forbidden to join together any two species of seeds, even if only putting one near the other. If you examine what is transmitted in the legal science concerning this commandment, you will find that the grafting of a tree should in all places be punished with whipping according to the Torah, 41 for it is at the origin of the prohibition; whereas 83^] The Guide of the Perplexed III • 37 the mingling of diverse seeds, I mean their being put one near the other, is only forbidden in the Land of Israel.
They also state explicitly in the “Agriculture” 42 that it was their custom to sow barley and grapes together, for they thought that a vineyard could only prosper through this practice. Consequently the Law has for¬ bidden the [sowing of] a vineyard with diverse seeds and has commanded burning all such things.43 For all the customs [huqqoth] of the nations that were thought to have occult properties were prohibited, even if | they did not at all smack of idolatry, just as we have explained with reference to then- dictum: It is not [ allowed ] to hang it upon a tree, and so on,44 All these, I mean their customs [huqqotehem], which are called Amorite usages f have been forbidden because of their leading to idolatry. If you consider then- customs in agriculture, you will find that in certain kinds of agriculture they turn toward the stars, in others toward the two luminaries.46 Often they fix the time for sowing when certain constellations are in ascendant, making fumigations; and he who plants or sows goes about in a circle. Some of them consider that he should go about in a circle five times with a view to the five planets.47 Others consider that he should go about in a circle seven times with a view to the five planets and two luminaries. And they deem that in all this there are occult properties that are very useful for agriculture, in order that they might bind people to the worship of the stars. Consequently all these customs [ huqqoth ] of the nations have been forbidden in a general way, and it says: And ye shall not walk in the customs [ huqqoth ] of the nation, and so on.48 That among them which was more generally accepted and widespread or that which contained an explicit reference to some kind of idolatry was the object of various particular prohibitions — for instance, those regarding the first products [of trees], the mingling [of diverse species], the [sowing of] a vineyard with diverse seeds. I wonder at the dictum of Rabbi Josiah, considered as a legal decision, concerning [the sowing of] a vineyard with diverse seeds, according to which one has committed no trans¬ gression unless one sows together, in one throw of the hand, wheat, barley, and pips of grapes.*9 Doubtless he had learned that this custom had its origin in the Amorite usages.
43. Cf. Deut. 22:9; Mishnah, Kibaim, VIII 1; B.T., Qiddushin, 39a.
44. Mishnah, Hullin, IV 7. Cf. n. ig, this chap. 45. Cf. n. 5, this chap.
46. I.e., the sun and the moon.
47. Literally: scintillating stars. In this passage the sun and the moon are obviously not included among the five planets referred to.
48. Lev. 20: 23.
Thus it has been made clear to you, so that there can be no doubt about it, that mingled stuff., the first products [of trees], and the mingling [of diverse species] were forbidden because of idolatry, and that their customs [, huqqotehem ], which have been referred to, were forbidden because they lead to idolatry, as we have explained. | CHAPTER 38 CHAPTER 38 The commandments comprised in the third class are those that we have enumerated in Laws concerning Opinions. The utility of all of them is clear and evident, for all concern moral qualities in virtue of which the association among people is in good condition. This is so manifest that I need not expatiate upon it. Know that certain commandments also contain pre¬ scriptions that are intended to lead to the acquisition of a useful moral quality, even if they prescribe certain actions that are deemed to be merely decreed by Scripture 1 and not to have a purpose. We will explain them one by one in their proper places. As for those that we have enumerated in Laws concerning Opinions, they are all explicitly stated to have as their purpose the acquisition of the noble moral qualities in question.
CHAPTER 59 CHAPTER 59 The commandments comprised in the fourth class are those included in the Book of Seeds of our compilation, with the exception of those dealing with the mingling [of diverse species]; also the law concerning estimations and anathemas 1 and also the commandments that we have enumerated in Laws concerning the Lender and the Borrower and those that we have enumerated in Laws concerning Slaves. If you consider all these command¬ ments one by one, you will find that they are manifestly useful through instilling pity for the weak and the wretched, giving strength in various 1. According to this view, no reason can be found for these prescriptions. Maimonides opposes this view.
ways to the poor, | and inciting us not to press hard upon those in straits and not to afflict the hearts of individuals who are in a weak position.
As for gifts to the poor, their meaning is manifest. The reason for the offerings’1 and the tithes is similarly manifest: Because he hath no portion nor inheritance with thee? You know the reason for this: so that this tribe as a whole should be devoted exclusively to the divine service and to knowing the Law and should not be engaged in tilling and harvesting, but should be concerned exclusively with God; as it says: They shall teach Jacob Thine judgments, and Israel Thy Torah J You will find that the text of the Torah speaks in several passages of the Levite and the stranger and the orphan and the widow, for it always considers [the Levite] as one of the poor in view of the fact that he has no property.
As for the second tithe, it is commanded that it should be spent exclu¬ sively on food in Jerusalem.5 For this leads of necessity to giving some of it in alms; for as it could only be employed on nourishment, it was easy for a man to have others have it little by little. Thus it necessarily brought about a gathering in one place, so that brotherhood and love among the people were greatly strengthened.6 As for the fourth-year fruit of planting,1 even though — because of its connection with the prescriptions concerning the first products6 — it smacks, as we have mentioned, of idolatry, it falls into the same class as the pre¬ scriptions concerning the offering,9 the cake of dough,™ the first fruits and the first of the fleece;12 for all first produces have been assigned to God so that the moral quality of generosity be strengthened and the appetite for eating and for acquisition be weakened. The Priest's receiving the shoulder, the two jaws, and the stomach 13 has the same meaning; for jaws are a primary part of the body of the animal, and the shoulder is the right shoulder and is also the first part that has branched off from the body, and the stomach is the first of all the intestines.
As for the reading on the occasion of the offering of first fruits,1+ it also is conducive to the moral quality of humility, for it is carried out by him who carries the basket on his shoulders J5 It contains an acknowledgment 2. Destined for the Priests. 3. Deut. 14:29. The verse refers to the Levites.
4. Deut. 33: 10.
5. Cf. Deut. 14:22-29; 26:12-13. Cf. Mishnah, Ma'aser Sheni, I— III.
6. Or: A gathering in one place necessarily leads to love and brotherhood among the people being greatly strengthened.
9. To the Priests. Cf. Deut. 18:4. 10. Cf. Num. 15:20.
13. Cf. Deut. 18:3. 14. Cf. Deut. 26:3-10. 15. Cf. Mishnah, Bikkurim, III 4.
^2 The Guide of the Perplexed III ■ 39 [ 85a of | God’s beneficence and bountifulness, so that man should know that it is a part of the divine worship that man should remember states of distress at a time when he prospers. This purpose is frequently affirmed in the Torah: And thou shalt remember that thou wast a servant, and so on.16 For there was a fear of the moral qualities that are generally acquired by all those who are brought up in prosperity — I mean conceit, vanity, and neglect of the correct opinions: Lest when thou hast eaten and art satisfied, and houses, and so on}1 And it says: But Jeshurun waxed fat, and kicked, and so on.18 It is because of this apprehension that the commandment has been given to carry out a reading every year before Him, may He be exalted, and in presence of His Indwelling, on the occasion of the offering of first fruits. You also know already that the Torah insists upon the plagues, which befell the Egyptians, being always remembered: That thou mayest remember the day when thou earnest forth, and so on.19 And it says: And that thou mayest tell in the ears of thy son, and so on.20 And this was fittingly arranged, for these are the stories that show the truth of prophecy and of reward and punishment.
Now in the case of every commandment leading to a mention of some miracle or to a perpetuation of this belief, the utility of the commandment is obvious.
It states explicitly with reference to [the redemption of] the human firstborn and [the sacrifice of] the animal firstborn: And it came to pass, when Pharaoh would hardly let us go, and so on; therefore I sacrificed to the Lord, and so on.2i The reason why this is particularized with regard to oxen, small cattle, and asses22 is most manifest. For these are domestic animals that are raised and are to be found in most places, more particularly in Syria, and even more particularly among [the people of] Israel; all of us being shepherds from fathers and grandfathers: Thy servants were 23 shepherds, and so on.2* But horses and camels are in most cases not to be found in the possession of shepherds, nor are they found in all places. Consider the raid against Midian:25 you will not find on that occasion any animals other than oxen, small cattle, and asses. For the species of asses was necessary to all men and especially [ to those engaged in agricultural work: And I have oxen and asses;26 but camels and horses are in most cases found only in the possession of few men and only in some places.
17. Deut. 8:12. The sentence is continued in v. 14: then thy heart he lifted up and thou forget the Lord thy God...
22. Cf. Num. 18:17; Ewxh 15:15.
25. The Hebrew word for “were” ( hayu ) has been inserted in the verse by Maimonides; or, at least, it figures in the majority of the manuscripts and in Ibn Tibbon’s translation.
86a] The Guide of the Perplexed III ■ 59 As for the prescription concerning the breaking of the neck of the firstling of an ass,21 this is due to its leading necessarily to the firstling’s being redeemed. Therefore it has been said: The commandment that it be redeemed is prior to the commandment that its neck be broken.2* With regard to all the commandments that we have enumerated in Laws concerning the Sabbatical Year and the Jubilee, some of them are meant to lead to pity and help for all men — as the text has it: That the poor of thy people may eat; and what they leave the beasts of the field shall eat, and so on29 — and are meant to make the earth more fertile and stronger through letting it lie fallow7. Others are meant to lead to benevolence toward slaves and poor people; I refer to remission of debts and freeing of slaves. Others consider w'hat is useful from a permanent point of view in providing for a living, through turning the whole land into an inalienable possession that cannot be sold in absolute fashion: And the land shall not be sold in per¬ petuity,-30 consequently a man’s property remains, as far as the landed property itself is concerned, reserved for him and his children, and he can only exploit its produce. Thus we have given reasons for everything that is in¬ cluded in the Book of Seeds figuring in our compilation with the exception of the interbreeding of beasts f the reason for which will be explained later on.32 All the commandments that we have enumerated in Laws concerning Estimations and Anathemas likewise deal with charitable donations. Some of these go to the Priests, others for repairing the Temple. Through all this, likewise, the moral quality of generosity is acquired, and the result achieved that man holds property in slight esteem where God is concerned, and is not miserly. For most of the evils that arise among people in the cities are due only to a furious desire for possessions and for increasing them and to the passion of acquisition.
Similarly if you consider one by one all the commandments that we have enumerated in Laws concerning the Lender and the Borrower, you will find that all are imbued with benevolence, pity, [ and kindness for the weak; they forbid depriving anyone of a utility necessary for his nourishment; I mean: No man shall take the nether or the upper millstone to pledge.33 Similarly all the commandments that we have enumerated in Laws concerning Slaves are all of them imbued with pity and benevolence for the weak. Thus great pity is manifested in the prescription according to which a Canaamte slave is set free if he has been deprived of a limb, so that slavery should not be conjoined in his case with mutilation. This applies even if j ^ The Guide of the Perplexed III • 59 [ 862> he has only been made to lose a tooth, and all the more in the case of other parts of the body. It is also not permitted, as we have explained in Mishneh Torah,3+ to strike him except with a whip or a stick or similar things. And, even so, if the master strikes him so hard that he dies, he is punished with death on his account, as all other men would be.
The commandment given in His saying, Thou shalt not deliver unto his master a slave,35 besides manifesting pity, contains a great utility- namely, it makes us acquire this noble moral quality [that is, pity] 5 namely, it makes us protect and defend those who seek our protection and not deliver them over to those from whom they have fled. It is not even enough to protect those who seek your protection, for you are under another obligation to¬ ward him: you must consider his interests, be beneficent toward him, and not pain his heart by speech. This is the meaning of His dictum, may He be exalted: He shall dwell with thee, in the midst of thee,...within one of thy gates, where it liketh him best; thou shalt not wrong him.36 If this law is imposed upon us with regard to the least of men and the lowest in degree, namely, the slave, how must you act when a man of great worth seeks your protection! What an obligation must you have with regard to him!
On the contrary, the wrongdoer and the worker of injustice should not be protected when he seeks our protection and should not be pitied, nor should his rightful punishment be abolished in any way, even if he seeks the protection of the greatest individual and the one having the highest rank. This is the meaning of its dictum: Thou shalt take him from Mine altar, that he may die?1 Thus the man referred to seeks the protection of God, may He be exalted, and holds fast to a thing attached to His name; | in spite of that, however, He does not protect him, but orders him to be delivered over to him who has the right to inflict punishment on him and from whom he has fled. All the more if the man in question has sought the protection of a human individual: the latter ought not to protect or to pity him, for pity for wrong¬ doers and evil men is tantamount to cruelty with regard to all creatures. These are indubitably the moderate moral qualities that form a part of the righteous statutes [ huqqim ] and judgments.3S These are not moral qualities pertaining to the Pagans39 who considered pride and partisanship with regard to any chance individual, irrespective of his being the wrongdoer or the wronged, as praiseworthy virtues, as is generally known from their stories and poems. Accordingly every commandment that belongs to this class has a manifest reason and an evident utility.
38. Deut. 4:8. Cf. Ill 26. 39. Or: ignorant.
CHAPTER 40 The commandments comprised in the fifth class are those that we have enumerated in the Book of Torts. All of them are concerned with putting an end to acts of injustice and with the prevention of acts causing damage. In order that great care should be taken to avoid causing damage, man is held responsible for every act causing damage deriving from his possessions or caused by an act of his, if only it was possible for him to be cautious and take care not to cause damage. Therefore we are held responsible for dam¬ age deriving from our beasts, so that we should keep watch over them; and also for damage from fire1 and from a pit,2 for these two belong to the works of man, and he can keep watch over them and take precautions with regard to them, so that no harm is occasioned by them. These laws contain con¬ siderations of justice to which I will draw attention. Thus one is free from responsibility [for the damage caused by] a tooth or a foot 3 in a public place* For this is a matter with regard to which it is impossible | to take precautions, and also damage is seldom caused in this way. Moreover he who puts a thing in a public place is at fault toward himself and exposes his property to destruction. Accordingly one is only responsible for [damage caused by] a tooth or a foot in the field of the injured party.5 On the other hand, damage caused by a horn and similar things re¬ garding which precautions can be taken in all places and with respect to which those who walk in public places cannot take care, the law applicable to it — I mean the horn — is one and the same in all places. There is, how¬ ever, a distinction that is made between an animal that is docile and one about which its owner has been warned. If the act is exceptional, the owner is held responsible only for half the damage,• if, however, the animal that causes the damage continually does similar things and is known for this, the owner is held responsible for the whole of the damage.6 The price of a slave is generally fixed at half the price at which a free man is generally estimated; for you will find that the estimations of men amount at the utmost to sixty shekels,1 whereas the money paid for a slave amounts to thirty shekels of silver.8 The fact that the beast that kills a man is 1. Cf. Exod. 32:5. 2. Cf. Exod. 21:33. 3. Of an animal.
4. Cf. B.T., Baba Qamma, 14a and 19b. 5. Cf. B.T., Baba Qamma, 14a and 19b.
6. Cf. Exod. 21:35—36; B.T., Baba Qamma, 26a.
7. Cf. Lev. 27:3. But the sum mentioned there is fifty shekels, which is also the sum mentioned by Maimonides himself in Mishneh Torah, 'Arakhin, I 3.
8. Exod. 21:32.
killed,9 is not to be regarded as a punishment for it — an absurd opinion that the heretics10 impute to us — but is a punishment for its owner. For this reason it is forbidden to use its flesh, so that its owner should take great care in watching over it and should know that if it kills a child or an adult, a free man or a slave, he will obligatorily lose its price; and if he has been warned about it, he must pay compensation over and above the loss of its price. This is also the reason for killing a beast with which a human being has lain,11 so that its owner should watch over and take care of it, just as he takes care of his own family, in order that he should not lose it. For men are as solicitous for their property as for their own selves; some of them even prefer their property to themselves. However, in most cases they hold both in equal esteem: And take us for slaves, and take our asses.12 This class also comprises the prescription to kill | the pursuer.1* This law — I mean the prescription to kill him who wishes to accomplish an act of disobedience before he performs it — is only applicable to two kinds of acts: If one pursues his fellow man in order to kill him, and if one pursues someone in order to expose the latter's nakedness. For these are acts of wrongdoing that cannot be repaired once they have been accomplished. As for the other transgressions that are punished with death by order of a court of law, such as idolatry and the profanation of the Sabbath, they do not constitute an act of wrongdoing with regard to someone else, but concern only thoughts; and therefore the transgressor is not killed because of his wish, but only if he commits the transgression.
It is already known that coveting is prohibited because it leads to desire, and desire is prohibited because it leads to robbery, it is thus that [the Sages], may their memory be blessed, have explained it.