about the law of theft, “If the sun be risen
upon him, blood shall be shed for blood,” he,
like R. Eliezer, interprets [Hebrew: dbrim kktbm][291]
i.e., literally. “If,” he says,
“the owner catches the thief before sunrise,
he may kill him, but after the sun has risen he must
bring him before the court."[292] This also was the
Roman law, but the Halakah interprets more artificially:
“If it were as clear as sunlight that the thief
would not have killed the owner, then the owner may
not kill him.” Philo would justify the
old law; the rabbis explain it away. On the other
hand, in his treatment of the law relating to slaves,
Philo extends the liberality both of the Bible and
the Halakah. He declares that the slave is to
be set free when by his master’s violence he
loses an eye or even a tooth.[293] The Bible and the
Talmud direct emancipation only where the slave loses
a limb; but Philo writes eloquently of the humanity
of which man is deprived by the loss of sight; and
he would apparently condemn the master who injured
his slave more seriously to the full penalties of
the ordinary law.[294] Maimonides, in his exposition
of the law, approves the milder practice,[295] and
this suggests that it had an old tradition behind
it. Beautiful is Philo’s stray maxim, “Behave
to your servants as you pray that God may behave to
you. For as we hear them, so shall we be heard,
and as we regard them, so shall we be regarded."[296]
In his whole treatment of slavery, Philo shows remarkable
enlightenment for his age. He objects, indeed,
to the institution altogether, and he tempers it continually
with ideas of equality. Thus, following the Halakah,
he directs the redemption of a slave seven years after
his purchase, and he treats the laws of the seventh-year
rest to the land and of the jubilee as of universal
validity.
Coming to the more specifically religious laws we
find that Philo, missionary as he is, prohibits altogether
marriage with Gentiles,[297] and that though, in the
opinion of certain rabbinic teachers, the Biblical
prohibition extended only to marriage with the Canaanite
tribes, and unions with other Gentiles were permitted.[298]
Philo recognizes how dangerous such unions are for
the cause which he had so dearly at heart, the spreading
of Judaism. “Even,” says he, “if
you yourself remain true to your religion through
the influence of the excellent instruction of your
parents, yet there is no small danger that your children
by such a marriage may be beguiled away by bad customs
to unlearn the true religion of the one only God."[299]
Throughout, Philo is true to the mission of Israel
in its highest sense. That mission is not assimilation,
and it is to be brought about by no easy method of
mixing with the surrounding people. It can be
effected only by holding up the Torah in its purity
as a light to the nations, and by offering them examples
of life according to the law.