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Applied Learning
Algorithms for
Intelligent IoT
Applied Learning
Algorithms for
Intelligent IoT

Edited by
Pethuru Raj Chelliah
Usha Sakthivel
Susila Nagarajan
First Edition published [2022]
by CRC Press
6000 Broken Sound Parkway NW, Suite 300, Boca Raton, FL 33487-2742
and by CRC Press
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
© 2022 Taylor & Francis Group, LLC
CRC Press is an imprint of Taylor & Francis Group, LLC
The right of Pethuru Raj, Usha Sakthivel, and Susila Nagarajan, to be identified as the authors
of the editorial material and the authors for their individual chapters, has been asserted in
accordance with Sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
Reasonable efforts have been made to publish reliable data and information, but the author
and publisher cannot assume the responsibility for the validity of all materials or the
consequences of their use. The authors and publishers have attempted to trace the copyright
holders of all the materials reproduced in this publication and apologize to copyright holders
if permission to publish in this form has not been obtained. If any copyright material has not
been acknowledged, please write and let us know so that we may rectify in any future reprint.
Except as permitted under U.S. Copyright Law, no part of this book may be reprinted,
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For permission to photocopy or use material electronically from this work, access
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Drive, Danvers, MA 01923, 978-750-8400. For works that are not available on CCC, please
contact mpkbookspermissions@tandf.co.uk
Trademark notice: Product or corporate names may be trademarks or registered trademarks
and are used only for identification and explanation without intent to infringe.
ISBN: 978-0-367-63594-7 (hbk)
ISBN: 978-1-032-11321-0 (pbk)
ISBN: 978-1-003-11983-8 (ebk)

DOI: 10.1201/9781003119838

Typeset in Caslon
by MPS Limited, Dehradun
Contents

CONTRIBUTOR LIST ix

CHAPTER 1 CONVOLUTIONAL NEURAL NETWORK IN COMPUTER

VISION 1
D. AISHWARYA AND R. I. MINU

CHAPTER 2 TRENDS AND TRANSITION IN THE MACHINE

LEARNING (ML) SPACE 33
SRUTHI ANAND, N. SUSILA, AND USHA SAKTHIVEL

CHAPTER 3 NEXT-GENERATION IOT USE CASES ACROSS

INDUSTRY VERTICALS USING MACHINE LEARNING

ALGORITHMS 57
T. R. KALAIARASAN, SRUTHI ANAND,
V. ANANDKUMAR, AND A. M. RATHEESHKUMAR

CHAPTER 4 A PANORAMIC VIEW OF CYBER ATTACK

DETECTION AND PREVENTION USING MACHINE
LEARNING AND DEEP LEARNING APPROACHES 77
ESTHER DANIEL, N. SUSILA,
AND S. DURGA

v
vi CONTENTS

CHAPTER 5 REGRESSION ALGORITHMS IN MACHINE LEARNING 99

USHA SAKTHIVEL, NEHA SINGHAL,
PETHURU RAJ CHELLIAH, AND ASHWINI R.
MALIPATIL

CHAPTER 6 MACHINE LEARNING-BASED INDUSTRIAL INTERNET

OF THINGS (IIOT) AND ITS APPLICATIONS 123
M. SURESH KUMAR, S. RACHEL,
AND M. V. KAVISELVAN

CHAPTER 7 EMPLOYEE TURNOVER PREDICTION USING SINGLE

VOTING MODEL 153
R. VALARMATHI, M. UMADEVI, AND T. SHEELA

CHAPTER 8 A NOVEL IMPLEMENTATION OF SENTIMENT

ANALYSIS TOWARD DATA SCIENCE 175
VIJAYALAKSHMI SARAVANAN, ISHPREET SINGH,
EMANUEL SZAREK, JEREON HAK,
AND ANJU S. PILLAI

CHAPTER 9 CONSPECTUS OF K-MEANS CLUSTERING

ALGORITHM 193
USHA SAKTHIVEL, A. P. JYOTHI, N. SUSILA,
AND T. SHEELA

CHAPTER 10 SYSTEMATIC APPROACH TO DEAL WITH INTERNAL

FRAGMENTATION AND ENHANCING MEMORY SPACE

DURING COVID-19 215
MOHAN APARNA, R. MAHESWARI
AND J. V. THOMAS ABRAHAM

CHAPTER 11 IOT AUTOMATED SPY DRONE TO DETECT AND

ALERT ILLEGAL DRUG PLANTS FOR LAW

ENFORCEMENT 241
GOTLURU ARUN KUMAR, PULUGU YAMINI,
AND R. MAHESWARI

CHAPTER 12 EXPOUNDING K-MEANS-INSPIRED NETWORK

PARTITIONING ALGORITHM FOR SDN CONTROLLER
PLACEMENT 265
J. PUSHPA AND PETHURU RAJ CHELLIAH
 CONTENTS vii

CHAPTER 13 AN INTELLIGENT DEEP LEARNING-BASED WIRELESS

UNDERGROUND SENSOR SYSTEM FOR IOT-BASED

AGRICULTURAL APPLICATION 291

PRISCILLA RAJADURAI
AND G. JASPHER W. KATHRINE

CHAPTER 14 PREDICTING EFFECTIVENESS OF SOLAR POND

HEAT EXCHANGER WITH LTES CONTAINING CUO
NANOPARTICLE USING MACHINE LEARNING 325
K. KARUNAMURTHY, G. SUGANYA, M. ANANTHI,
AND T. SUBHA

INDEX 345
Contributors

J. V. Thomas Abraham V. Anandkumar

School of Computer Science and Department of Information
Engineering (SCOPE) Technology
Vellore Institute of Technology Sri Krishna College of
Chennai, Tamil Nadu, India Engineering and Technology
D. Aishwarya Coimbatore, India
SRM Institute of Science and
Technology Mohan Aparna
Kattankulathur, Tamil Nadu, School of Computer Science and
India Engineering (SCOPE)
Vellore Institute of Technology
Sruthi Anand Chennai, Tamil Nadu, India
Department of Information
Technology Pethuru Raj Chelliah
Sri Krishna College of RJIL College of Engineering
Engineering and Technology and Technology
Coimbatore, India Bengaluru, India

ix
x CONTRIBUTORS

Esther Daniel M. V. Kaviselvan

Department of Computer Science Department of Mechanical
and Engineering, Technology Engineering
Karunya Institute of Technology Sri Sairam Engineering College
and Sciences Chennai, Tamil Nadu, India
Coimbatore, India
Gotluru Arun Kumar
S. Durga School of Computer Science and
Department of Information Engineering (SCOPE)
Technology Vellore Institute of Technology
Karunya Institute of Technology Chennai, Tamil Nadu, India
and Sciences
M. Suresh Kumar
Coimbatore, India
Department of Information,
Jereon Hak Technology
M.S. Student Sri Sairam Engineering College
Rochester Institute of Chennai, Tamil Nadu, India
Technology
R. Maheswari
Rochester, New York, USA
School of Computer Science and
A. P. Jyothi Engineering (SCOPE)
Department of Computer Vellore Institute of Technology
Science and Engineering VTU Chennai, Tamil Nadu, India
Chennai, India
Ashwini R. Malipatil
T. R. Kalaiarasan Department of CSE
Department of Information Sri Krishna College of
Technology Engineering and Technology
Sri Krishna College of Coimbatore, India
Engineering and Technology
R. I. Minu
Coimbatore, India
SRM Institute of Science and
K. Karunamurthy Technology
Vellore Institute of Technology Kattankulathur, Tamil Nadu,
Chennai, Tamil Nadu, India India

G. Jaspher W. Kathrine Anju S. Pillai

Karunya Institute of Technology Amrita Vishwa Vidyapeetham
and Sciences Coimbatore, India
Coimbatore, India
 CONTRIBUTORS xi

J. Pushpa T. Sheela
Jain University Department of Information
Bengaluru, India Technology
Sri Sairam Engineering College
S. Rachel
Chennai, Tamil Nadu, India
Department of Information
Technology Ishpreet Singh
Sri Sairam Engineering College M.S. Student
Chennai, Tamil Nadu, India Rochester Institute of
Technology
Priscilla Rajadurai
Rochester, New York, USA
St. Joseph’s Institute of
Technology Neha Singhal
Chennai, India Department of ISE
Sri Krishna College of
A. M. Ratheeshkumar
Engineering and Technology
Department of Information
Coimbatore, India
Technology
Sri Krishna College of T. Subha
Engineering and Technology Sri Sairam Engineering College
Coimbatore, India Chennai, India

Usha Sakthivel G. Suganya

Dept. of Research and Vellore Institute of Technology
Innovation Chennai, Tamil Nadu, India
Rajeswari College of
N. Susila
Engineering
Department of Information
Bengaluru, India
Technology
and
Sri Krishna College of
Dept. of Computer Science &
Engineering and Technology
Engineering
Coimbatore, India
Visvesvaraya Technological
University Emanuel Szarek
Belagavi, Karnataka, India M.S. Student
Rochester Institute of
Vijayalakshmi Saravanan
Technology
Faculty Member
Rochester, New York, USA
Rochester Institute of
Technology
Rochester, New York, USA
xii CONTRIBUTORS

M. Umadevi Pulugu Yamini

Department of Computer School of Computer Science and
Science and Engineering Engineering (SCOPE)
SRM Institute of Science and Vellore Institute of Technology
Technology Chennai, Tamil Nadu, India
Chennai, Tamil Nadu, India

R. Valarmathi
Department of Computer
Science and Engineering
Sri Sairam Engineering
College
Chennai, Tamil Nadu, India
 1
CONVOLUTIONAL NEURAL
NETWORK IN COMPUTER VISION
D. AISHWARYA1 AND R.I. MINU2
1
Research Scholar, SRM Institute of
Science and Technology,
Kattankulathur, Tamil Nadu, India
2
SRM Institute of Science and
Technology, Kattankulathur,
Tamil Nadu, India

Contents

Introduction 2
Convolutional Neural Network (CNN) 4
Distinctive Properties of CNN 5
Activation Functions for CNN 6
Loss Function 8
Datasets and Errors 9
Bias and Variance 9
Overfitting and Underfitting 10
Understanding Padding and Stride 11
Padding 11
Stride 12
Parameters and Hyper Parameters 13
CONV Layer 13
Filter 13
Feature Map 14
Convolution Operation 14
Key Points about Convolution Layers and Filters 16
Pooling Layer 16
Key Points about Pooling Layer 16
Types of Pooling 17
Forward Propagation 18
Calculating the Parameters 18

DOI: 10.1201/9781003119838-1 1
2 APPLIED LEARNING ALGORITHMS FOR INTELLIGENT IOT

Activation Shape and Size 19

Backward Propagation 20
Optimizers 21
Other Ways to Improve the Performance of CNN 21
Image Data Augmentation 21
Deeper Hidden Layers 22
Early Stopping 22
Application of CNN 22
Image Classification 22
RCNN and Object Detection 25
Region-Based Convolutional Neural Network (R-CNN) 26
Fast R-CNN 27
Faster R-CNN 28
You Only Look Once (YOLO) 29
Transfer Learning 29
Transfer Learning for CNN 29
Fine-Tuning or Freezing? 30
Neural Style Transfer (NST) 30

Introduction

Emergence of artificial intelligence (AI) has made machines “Smart.”

By “Smart,” we mean the ability of the machine (possibly a com­
puter) to process the given data with rationality, like an intelligent
human being, and take a suitable decision. AI achieves this in­
telligence with the help of its subsets of algorithms (see Figure 1.1).
AI is a broader field that includes machine learning (ML), artificial
neural network (ANN), and deep learning (DL) as its subsets. AI is
achieved by ANN, which is a network of artificial neurons resembling a
biological neuron and the nervous system. ML enables the machines to
process the data, make decision, and optimize the results based on ex­
perience. ML primarily requires a feature engineer to do the feature en­
gineering process. Also, ML works its best for structured dataset (mostly
comprises numerical data) but is proven inefficient for unstructured types.
To process the unstructured and continuous data like video,
speech, etc., we need more complex neural network. Here comes in
the DL with better results on processing the unstructured data. One
 Another Random Document on
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The ninth class comprises the general laws concerning religious rites
and ceremonies, e.g., laws concerning prayers, the reading of
Shema’, and the other rules given in the section Ahabah, with the
exception of the law concerning circumcision. The object of these
laws is apparent; they all prescribe actions which firmly establish the
love of God in our minds, as also the right belief concerning Him and
His attributes.

The tenth class is formed of precepts which relate to the Sanctuary,

its vessels, and its ministers; they are contained in the section
ʻAbodah. The object of these precepts has already been mentioned
by us (supra, chap. xxxii.).

The eleventh class includes those precepts which relate to Sacrifices.

Most of these laws we have mentioned in the sections ʻAbodah and
Ḳorbanot. We have already shown the general use of the sacrificial
laws, and their necessity in ancient time.

The twelfth class comprises the laws concerning things unclean and
clean. The general object of these laws is, as will be explained by
me, to discourage people from [frequently] entering the Sanctuary;
in order that their minds be impressed with the greatness of the
Sanctuary, and approach it with respect and reverence.

The thirteenth class includes the precepts concerning forbidden food

and the like; we have given them in Hilkot maakalot asurot; the laws
about vows and temperance belong also to this class. The object of
all these laws is to restrain the growth of desire, the indulgence in
seeking that which is pleasant, and the disposition to consider the
appetite for eating and drinking as the end [of man’s existence]. We
have explained this in our Commentary on the Mishnah, in the
Introduction (chap, iv.) to The Sayings of the Fathers.
The fourteenth class comprises the precepts concerning forbidden
sexual intercourse; they are given in the section Nashim and Hilkot
issure-biah. [331]The laws concerning the intermixture of cattle
belong to this class. The object of these precepts is likewise to
diminish sexual intercourse, to restrain as much as possible
indulgence in lust, and [to teach] that this enjoyment is not, as
foolish people think, the final cause of man’s existence. We have
explained this in our Commentary on The Sayings of the Fathers
(Introd. chap. viii.). The laws about circumcision belong to this class.

As is well known, the precepts are also divided into two classes, viz.,
precepts concerning the relation between man and God, and
precepts concerning the relation between man and man. Of the
classes into which we divide the precepts and which we have
enumerated, the fifth, sixth, and seventh, and part of the third,
include laws concerning the relation of man to man. The other
classes contain the laws about the relation of man to God, i.e.,
positive or negative precepts, which tend to improve the moral or
intellectual condition of mankind, or to regulate such of each man’s
actions which [directly] only concern him and lead him to perfection.
For these are called laws concerning man’s relation to God, although
in reality they lead to results which concern also his fellow-men;
because these results become only apparent after a long series of
intermediate links, and from a general point of view; whilst directly
these laws are not intended to prevent man from injuring his fellow-
man. Note this.

Having described the laws of these classes, I will now again consider
the precepts of each class, and explain the reason and use of those
which are believed to be useless or unreasonable, with the exception
of a few, the object of which I have not yet comprehended.
[Contents]
 CHAPTER XXXVI
The reason of all precepts of the first class, viz., of the principles
enumerated by us in the Hilkot yesode ha-torah, is obvious. Consider
them one by one, and you will find that the lesson which every one
of them contains is correct and demonstrable. It is also evident that
the precepts which exhort and command us to learn and to teach
are useful; for without wisdom there cannot be any good act or any
true knowledge. The law which prescribes to honour the teachers of
the Law is likewise useful; for if they were not considered by the
people as great and honourable men, they would not be followed as
guides in their principles and actions. The Law demands also that we
be humble and modest [in their presence]. “Thou shalt rise up
before the hoary head” (Lev. xix. 32). This class includes also the
commandment to swear by the name of God and the prohibition of
swearing falsely or in vain. The reason for all these precepts is
evident; they aim at the glorification of God; they prescribe acts
which lead to the belief in God’s greatness. Likewise the
commandment to cry to God in time of trouble, “to blow an alarm
with the trumpets” (Num. x. 9), belongs to this class. We are told to
offer up prayers to God, in order to establish firmly the true principle
that God takes notice of our ways, that He can make them
successful if we worship Him, or disastrous if we disobey Him, that
[success and failure] are not the result of chance or accident. In this
sense we must understand the passage, “If ye walk with me by
chance” (beḳeri. xxvi. 21); i.e., if I bring troubles upon you for
punishment, and you consider [332]them as mere accidents, I will
again send you some of these accidents as you call them, but of a
more serious and troublesome character. This is expressed in the
words: “If ye walk with me by chance: then I will walk with you also
in the fury of chance” (ibid. vers. 27, 28). For the belief of the
people that their troubles are mere accidents causes them to
continue in their evil principles and their wrong actions, and prevents
them from abandoning their evil ways. Comp. “Thou hast stricken
them, but they have not grieved” (Jer. v. 3). For this reason God
commanded us to pray to Him, to entreat Him, and to cry before
Him in time of trouble. It is clear that repentance is likewise included
in this class; that is to say, it is one of those principles which are an
indispensable element in the creed of the followers of the Law. For it
is impossible for man to be entirely free from error and sin; he either
does not know the opinion which he has to choose, or he adopts a
principle, not for its own merits, but in order to gratify his desire or
passion. If we were convinced that we could never make our
crooked ways straight, we should for ever continue in our errors,
and perhaps add other sins to them since we did not see that any
remedy was left to us. But the belief in the effect of repentance
causes us to improve, to return to the best of the ways, and to
become more perfect than we were before we sinned. For this
reason many things are prescribed for the promotion of this very
useful principle; e.g., confessions and sacrifices for sins committed
unknowingly, and in some cases even for sins committed
intentionally, and fasts, and that which is common to all cases of
repentance from sin, the resolve to discontinue sinning. For that is
the aim of this principle. Of all these precepts the use is obvious.

[Contents]
 CHAPTER XXXVII
The precepts of the second class are those which we have
enumerated in the section “On idolatry.” It is doubtless that they all
tend to save man from the error of idolatry and the evil practices
connected with it; e.g., observing the times, enchantment,
witchcraft, incantation, consulting with familiar spirits, and the like.
When you read the books which I mentioned to you, you will find
that witchcraft, which will be described to you, is part of the customs
of the Sabeans, Kasdim, Chaldeans, and to a higher degree of the
Egyptians and Canaanites. They caused others to believe, or they
themselves believed, that by means of these arts they would
perform wonderful things in reference to an individual person, or to
the inhabitants of a whole country, although no analogy and no
reasoning can discover any relation between these performances of
the witches and the promised result. Thus they are careful to collect
certain plants at a particular time, and to take a definite number of
certain objects. There are many things comprised by witchcraft; they
may be divided into three classes: first, witchcraft connected with
objects in Nature, viz., plants, animals, or minerals. Secondly,
witchcraft dependent for its performance on a certain time; and
thirdly, witchcraft dependent on the performance of certain acts of
man, such as dancing, clapping, laughing, jumping with one leg,
lying on the ground with the face upward, burning a thing,
fumigating with a certain material, or speaking intelligible or
unintelligible words. [333]

These are the various kinds of witchcraft. In some cases all these
various performances are required. Thus the witches sometimes
order: take a leaf of a certain plant, when the moon is seen in a
certain degree [of the Zodiac] in the east point or in one of the other
cardinal points [of the horizon], also a certain quantity of the horn,
the sweat, the hair and the blood of a certain animal when the sun
is, e.g., in the middle of the sky, or in some other definite place; and
a portion of a certain mineral or minerals, melted at a certain
conjunction of sun and moon, and at a definite position of the stars;
speak then, and say certain words, and fumigate with those leaves
or similar ones to that molten image, and such and such a thing will
happen. In other instances of witchcraft it is assumed that one of
the above performances suffices. In most cases the condition is
added that women must perform these actions. Thus it is stated in
reference to the means of obtaining rain, that ten virgins dressed
with diadems and red garments should dance, push each other,
moving backwards and forwards, and make signs to the sun: the
result of this long process was believed [by the idolaters] to be a
downpour of rain.

It is further stated that if four women lay on their back, with their
feet spread and lifted up, said certain words and did certain things
whilst in this disgraceful position, hail would discontinue coming
down in that place. The number of these stupid and mad things is
great; in all of them without exception women are required to be the
agent. Witchcraft is intimately connected with astrology; those that
practise it assign each plant, animal, or mineral to a certain star, and
believe that the above processes of witchcraft are different forms of
worship offered to that star, which is pleased with that act, word, or
offering of incense, and fulfils their wishes.

After this remark, which you will understand when you have read
such of their works as are at present extant, and have been
mentioned by me, hear what I will tell you. It is the object and
centre of the whole Law to abolish idolatry and utterly uproot it, and
to overthrow the opinion that any of the stars could interfere for
good or evil in human matters, because it leads to the worship of
stars. It was therefore necessary to slay all witches as being
undoubtedly idolaters, because every witch is an idolater; they only
have their own strange ways of worship, which are different from
the common mode of worship offered to those deities. But in all
performances of witchcraft it is laid down as a rule that women
should be employed in the chief operation; and therefore the Law
says, “Thou shalt not suffer a witch to live” (Exod. xxii. 17). Another
reason is the natural reluctance of people to slay women. This is also
the cause why in the law of idolatry it is said “man or woman”
(Deut. xvii. 2), and again repeated a second time, “the man or the
woman” (ibid. ver. 5)—a phrase which does not occur in the law
about the breaking of Sabbath, or in any other law; for great
sympathy is naturally shown to women. Now the witches believed
that they produced a certain result by their witchcraft; that they
were able through the above-mentioned actions to drive such
dangerous animals as lions, serpents, and the like out of the cities,
and to remove various kinds of damage from the products of the
earth. Thus they imagine that they are able by certain acts to
prevent hail from coming down, and by certain other acts to kill the
worms in the vineyards, whereby the latter are protected from
injury; in fact, the killing of the [334]worms in vineyards, and other
superstitions mentioned in the Nabatean Agriculture, are fully
described by the Sabeans. They likewise imagine that they know
certain acts by which they can prevent the dropping of leaves from
the trees and the untimely falling of their fruit. On account of these
ideas, which were general in those days, the Law declares in “the
words of the covenant” as follows: The same idolatry and
superstitious performances which, in your belief, keep certain
misfortunes far from you, will cause those very misfortunes to befall
you. “I will also send wild beasts among you” (Lev. xxvi. 22); “I will
also send the teeth of wild beasts upon them, with the poison of
those that creep in dust” (Deut. xxxii. 24). “The fruit of thy land, and
all thy labours, shall a nation, which thou knowest not, eat up” (ibid.
xxviii. 33). “Thou shalt plant vineyards and dress them, but shalt
neither drink of the wine nor gather the grapes, etc. Thou shalt have
olive trees throughout all thy coasts, but thou shalt not anoint
thyself with the oil” (Deut. xxviii. 39, 40). In short, in spite of the
schemes of idolaters to support and firmly establish their doctrine,
and to make people believe that by idolatry certain misfortunes
could be averted and certain benefits gained, worship of idols will,
on the contrary, as is stated in “the words of the covenant,” prevent
the advantages and bring the troubles. The reader will now
understand why, of all kinds of curses and blessings, those
mentioned in “the words of the covenant” have been selected by the
Law, and particularly pointed out. Note also the greatness of the
benefit [of these laws].

In order that we may keep far from all kinds of witchcraft, we are
warned not to adopt any of the practices of the idolaters, even such
as are connected with agriculture, the keeping of cattle, and similar
work. [The Law prohibits] everything that the idolaters, according to
their doctrine, and contrary to reason, consider as being useful and
acting in the manner of certain mysterious forces. Comp. “Neither
shall ye walk in their ordinances” (Lev. xviii. 3). “And ye shall not
walk in the manners of the nation which I cast out before you” (ibid.
xx. 23). Our Sages call such acts “the ways of the Amorite”; they are
kinds of witchcraft, because they are not arrived at by reason, but
are similar to the performances of witchcraft, which is necessarily
connected with the influences of the stars; thus [“the manners of
the nations”] lead people to extol, worship, and praise the stars. Our
Sages say distinctly, “whatever is used as medicine” does not come
under the law of “the ways of the Amorite”; for they hold that only
such cures as are recommended by reason are permitted, and other
cures are prohibited. When, therefore, the dictum was quoted: a
tree that casts off its fruit may be laden with stone or dyed with red
colour, the following objection was raised: The loading of the tree
with stones may be justified on the plea that it serves to weaken the
strength of the tree, but why should it be permitted to dye the tree
with red colour? This question shows that the dyeing of the tree with
red colour, and all similar things which are not explained by analogy
from nature, are prohibited as “ways of the Amorite.” For the same
reason our Sages said, “The uterus of animals which have been
selected for the Sanctuary must be buried; it must not be suspended
from a tree, and not buried in the cross-road, because this is one of
‘the ways of the Amorite.’ ” Hence you may learn how to treat similar
cases. [335]

It is not inconsistent that a nail of the gallows and the tooth of a fox
have been permitted to be used as cures; for these things have been
considered in those days as facts established by experiment. They
served as cures, in the same manner as the hanging of the peony
over a person subject to epileptic fits, or the application of a dog’s
refuse to the swellings of the throat, and of the vapours of vinegar
and marcasite to the swelling of hard tumours. For the Law permits
as medicine everything that has been verified by experiment,
although it cannot be explained by analogy. The above-named cures
are permitted in the same way as the application of purgatives.
Learn, reader, these noteworthy lessons from this my work, and
keep them; “for they are a diadem of grace for thy head” (Prov. iv.).

We have explained in our large work that it is prohibited to round

the corners of the head, and to mar the corners of the beard,
because it was the custom of idolatrous priests. For the same
reason, the wearing of garments made of linen and wool is
prohibited; the heathen priests adorned themselves with garments
containing vegetable and animal material, whilst they held in their
hand a seal made of a mineral. This you find written in their books.
The same is also the reason of the precept, “The woman shall not
wear that which pertaineth unto a man” (Deut. xxii. 5). You find it in
the book Tomtom, that a male person should wear coloured
woman’s dress when he stands before Venus, and a female, when
standing before Mars, should wear a buckler and other armour. I
think that this precept has also another reason; namely, that the
interchange of dress creates lust and leads to immorality.

It is easily understood why it is prohibited to derive any benefit

whatever from an idol. For sometimes a person buys it with the
intention to break it, but keeps it, and it becomes a snare to him.
Even if he broke it, recast it, and sold it to a heathen, he must not
use the money which he received in exchange for the idol; because
people frequently mistake accidental circumstances for essential
causes; thus most people say of a certain person that he has
become rich and wealthy after having dwelt in a certain house, or
bought a certain animal or vessel; and that these things were a
blessing to him. In the same way a person may be successful and
make a good profit on the business in which he employed the money
received for the idol; he might then think that the idol was the cause
of his success, and that the blessing of the money received for it
brought him the profit; he would then believe in the idol; a belief
which is just the reverse of the chief object of the Law, as is clearly
seen in every word of it. For this same reason, we are forbidden to
turn to our use the covering of the idol, its offerings and vessels. We
are thus guarded against the idea [of ascribing our success to idols].
In those days the belief in the stars was very strong; it was generally
assumed that life and death, good and evil, depended on the stars.
The Law employed therefore strong means, as covenant, witnesses,
great oaths, and the above-mentioned [blessings and] curses, in
order to overthrow that belief. We are thus commanded to abstain
from taking any portion of the idol, and deriving any benefit from it;
and God tells us that if money received for idols be mixed with any
person’s property, it will bring loss and ruin to that property. This
warning is contained in the words: “Neither shalt thou bring an
abomination into thine house, lest thou be a cursed thing like it”
(Deut. [336]vii. 26). How much more wrong must it be to believe that
there is a blessing in idols. When you examine all the precepts that
relate to idolatry, you will find that their reason is obvious, and that
they serve to make us abandon this evil belief, and keep at the
greatest possible distance from it.

We must also point out that originators of false, baseless, and

useless principles scheme and plan for the firm establishment of
their faith; and tell their fellow-men that a certain plague will befall
those who will not perform the act by which that faith is supported
and confirmed for ever; this plague may one day accidentally befall a
person, who will then direct his attention to the performance of that
act, and adopt idolatry. It being well known that people are naturally
most in fear and dread of the loss of their property and their
children, the worshippers of fire spread the tale, that if any one did
not pass his son and daughter through the fire, he will lose his
children by death. There is no doubt that on account of this absurd
menace every one at once obeyed, out of pity and sympathy for the
child; especially as it was a trifling and a light thing that was
demanded, in passing the child over the fire. We must further take
into account that the care of young children is intrusted to women,
who are generally weak-minded, and ready to believe everything, as
is well known. The Law makes, therefore, an earnest stand against
this practice, and uses in reference to it stronger terms than in any
other kind of idolatry; namely, “he defileth my sanctuary, and
profaneth my holy name” (Lev. xx. 3). The true prophet then
declares in the name of God that the very act which is performed for
the purpose of keeping the child alive, will bring death upon him
who performs it, and destruction upon his seed. Comp. “And I will
set my face against that man and against his family,” etc. (ibid. xx.
5). Know that traces of this practice have survived even to the
present day, because it was widespread in the world. You can see
how midwives take a young child wrapped in its swaddling-clothes,
and after having placed incense of a disagreeable smell on the fire,
swing the child in the smoke over that fire. This is certainly a kind of
passing children through the fire, and we must not do it. Reflect on
the evil cunning of the author of this doctrine; how people continued
to adhere to this doctrine, and how, in spite of the opposition of the
Law during thousands of years, its name is not blotted out, and its
traces are still in existence.

Idolaters have acted similarly in reference to property. They made it

a law that a certain tree, the asherah, should be worshipped, and
that of its fruit one part should be offered, and the rest consumed in
the temple of the idol; this is stated in the regulations concerning
the asherah. In the same manner, they made it a rule, that the first-
fruit of every fruit-tree should be partly offered as a sacrifice and
partly consumed in the idol’s temple. It was also a widespread belief
that if the first-fruit of any tree was not treated in this manner, the
tree would dry up, its fruit would be cast off, its increase would be
diminished, or some disease would come over it; just as they spread
the belief that every child, that was not passed through the fire,
must die. People in their anxiety for their property obeyed also this
precept unhesitatingly. The Law, in opposition to this doctrine,
commanded us to burn the produce of fruit-trees the first three
years; for some trees bear fruit after one year, whilst some begin to
yield fruit after two, and others after three years. The law is based
upon the nature of trees grown in an ordinary [337]way, namely, in
one of the three well-known methods: planting, propagation, and
inoculation (netiʻah, habrakah, and harcabah). The Law does not
take notice of the case that a kernel or stone is sown; for the
ordinances of the Law are based on the usual condition of things,
and as a rule a young tree in Palestine bears fruit for the first time
not later than the third year after it has been planted. According to
the divine promise, the waste and destruction of this first-fruit of the
tree will be followed by years of plenty of fruit; for it is said, “that it
may increase unto you the fruit thereof” (Lev. xix. 25). The fruit of
the fourth year we are commanded to eat before God, instead of
[the heathen custom of] eating ʻorlah, “the fruit of the preceding
years,” in the temples of the idols, as has been described by us.

It is further mentioned in the Nabatean Agriculture that the ancient

idolaters caused certain things named in that work to rot, waited till
the sun stood in a certain degree [of the ecliptic], and then they
performed many acts of witchcraft. They believed that that
substance should be kept ready by every one, and when a fruit-tree
is planted, a portion of that rotten substance should be scattered
round the tree or under it; the tree would then grow quicker and
produce more fruit than is generally the case. They say that this
process is very extraordinary; it acts like a talisman, and is more
efficient than any kind of witchcraft in accelerating the
productiveness of fruit-trees. I have already shown and explained to
you how the Law opposes all kinds of witchcraft. The Law, therefore,
prohibits us to use the fruit yielded by a tree in the first three years
after it has been planted, so that there should be no opportunity for
accelerating, according to their imagination, the productiveness of
any tree. After three years most fruit-trees in Palestine yield fruit by
the ordinary course of nature, without the application of those
magical performances which were very general in those days. Note
this remarkable fact.

Another belief which was very common in those days, and survived
the Sabeans, is this: When a tree is grafted into another in the time
of a certain conjunction of sun and moon, and is fumigated with
certain substances whilst a formula is uttered, that tree will produce
a thing that will be found exceedingly useful. More general than
anything mentioned by the heathen writers was the ceremony of
grafting an olive branch upon a citron tree, as described in the
beginning of the Nabatean Agriculture. I am of opinion that the book
of medicines which Hezekiah put away (B. T. Pes. 56a) was
undoubtedly of this kind. They also said that when one species is
grafted upon another, the branch which is to be grafted must be in
the hand of a beautiful damsel, whilst a male person has disgraceful
and unnatural sexual intercourse with her; during that intercourse
the woman grafts the branch into the tree. There is no doubt that
this ceremony was general, and that nobody refused to perform it,
especially as the pleasure of love was added to the (supposed)
future results of the grafting. The Law, therefore, prohibits us to mix
different species together, i.e., to graft one tree into another,
because we must keep away from the opinions of idolaters and the
abominations of their unnatural sexual intercourse. In order to guard
against the grafting of trees, we are forbidden to sow any two kinds
of seed together or near each other. When you study the traditional
explanation of this precept, you will find that the prohibition of
grafting, the principal element in this commandment, [338]holds good
for all countries, and is punishable by forty stripes; but the sowing of
seeds one near the other is only prohibited in Palestine. In the
Nabatean Agriculture it is further distinctly stated that it was the
custom of the people in those days to sow barley and stones of
grapes together, in the belief that the vineyard could only prosper in
this way. Therefore the Law prohibits us to use seed that has grown
in a vineyard, and commands us to burn both the barley and the
produce of the vineyard. For the practices of the heathen, which
they considered as of a magic and talismanic character, even if not
containing any idolatrous element, are prohibited, as we have stated
above (p. 334) in reference to the dictum of our Sages, “We must
not hang upon a tree the fœtus of an animal belonging to the
Sanctuary.” The Law prohibits all heathen customs, called by our
Sages “the ways of the Amorite,” because they are connected with
idolatry. On considering the customs of the heathen in their worship,
you will find that in certain kinds of worship they turn toward stars,
in others to the two great luminaries; frequently they choose the rise
of signs in the Zodiac for sowing and fumigating; and as to the
circuits made by those who plant or sow, some complete five circles,
corresponding to the five planets, with the exclusion of the two
luminaries; others go seven times round, according to the number of
the planets, when including sun and moon. They believe that all
these practices are magic charms of great efficiency in agriculture.
Thus those practices lead to the worship of stars; and therefore all
practices of those nations have been prohibited, in the words, “Ye
shall not walk in the manners of the nation which I cast out before
you” (Lev. xx. 23). Those practices which were more general and
common, or were distinctly connected with idolatry, are particularly
pointed out as prohibited; e.g., eating the fruit of a tree during the
first three years, intermixing of species and the mixed species sown
in a vineyard. I am surprised at the dictum of Rabbi Joshiyah, which
has been adopted as legally binding, in reference to the mixed seed
in a vineyard, viz., that the law is only transgressed when wheat,
barley, and the stone of a grape are sown simultaneously. He must
undoubtedly have seen the source of that kind of the ways of the
Amorite. It must now be clear to you, and no room can be left for
any doubt, that the prohibition of wearing garments of wool and
linen, of using the fruit of a tree in the first three years, and of
mixing divers species, are directed against idolatry, and that the
prohibition against adopting heathen manners serves to remove
anything which leads to idolatry, as has been shown by us.

[Contents]
 CHAPTER XXXVIII
The precepts of the third class are identical with those which we
have enumerated in Hilkot deʻot. Their use is evident; they are rules
concerning moral conduct by which the social relations of men are
regulated. This is sufficiently clear, and I need not dwell long on it.
Know that some precepts prescribe certain acts which are
considered as arbitrary decrees without any purpose, but are
nevertheless the means of acquiring some moral principle. We shall
explain every one of them in its proper place. But of all those
precepts which are mentioned in Hilkot deʻot, it is distinctly stated
that their object is to inculcate good moral principles. [339]

[Contents]
 CHAPTER XXXIX
The precepts in the fourth class include the laws which in our work
are contained in the section Zeraʻim, excepting the laws on the
mixture of species; the rules about things to be “valued” and things
“devoted” (Hilkot ʻerekin va-ḥaramim), and those concerning lender
and borrower (Hilkot malveh ve-loveh) and slaves (Hilkot ʻabadim).
When you examine these precepts you will clearly see the use of
every one of them: they teach us to have sympathy with the poor
and infirm, to assist the needy in various ways; not to hurt the
feelings of those who are in want, and not to vex those who are in a
helpless condition [viz., the widow, the orphan, and the like]. The
purpose of the laws concerning the portions which are to be given to
the poor is likewise obvious; the reason of the laws concerning the
heave-offerings and the tithe is distinctly stated: “for he hath no
portion and inheritance with thee” (Deut. xiv. 29). You certainly
know that the Levites had no portion, because their whole tribe was
to be exclusively engaged in the service of God and the study of the
Law. They shall not plow or cut the corn, but shall only minister to
God. “They shall teach Jacob thy judgments and Israel thy law: they
shall put incense before thee” (Deut. xxxiii. 10). In the Law we meet
frequently with the phrase, “the Levite, the stranger, and the orphan
and the widow”; for the Levite is reckoned among the poor because
he had no property. The second tithe was commanded to be spent
on food in Jerusalem; in this way the owner was compelled to give
part of it away as charity. As he was not able to use it otherwise
than by way of eating and drinking, he must have easily been
induced to give it gradually away. This rule brought multitudes
together in one place, and strengthened the bond of love and
brotherhood among the children of men. The law concerning the
fruit of a tree in its fourth year has some relation to idolatrous
customs, as has been stated by us (chap. xxxvii.), and is connected
with the law concerning the fruit of a tree in its first three years. But
it has in addition the same object as the law concerning the heave-
offering (Deut. xviii. 4), the dough-offering (ḥallah) (Num. xv. 20),
the first-fruit (Exod. xxiii. 19), and the first of the shearing (Deut.
xviii. 4). For the first of everything is to be devoted to the Lord; and
by doing so man accustoms himself to be liberal, and to limit his
appetite for eating and his desire for property. The same is the
reason why the priest took the shoulder, the two cheeks, and the
maw (Deut. xviii. 3); the cheek being the first part of the body of
animals, the right shoulder the first of the extremities of the body,
and the maw the first of all inwards.

The reciting of a certain portion of the Law when the first-fruits are
brought to the temple, tends also to create humility. For he who
brings the first-fruits takes the basket upon his shoulders and
proclaims the kindness and goodness of God. This ceremony teaches
man that it is essential in the service of God to remember the times
of trouble and the history of past distress, in days of comfort. The
Law lays stress on this duty in several places; comp. “And thou shalt
remember that thou hast been a slave,” etc. (Deut. v. 15). For it is to
be feared that those who become great in riches and comfort might,
as is generally the case, fall into the vices of insolence and
haughtiness, and abandon all good principles. Comp. “Lest thou eat
and [340]be full, etc., and thine heart be lifted up and thou forget the
Lord” (ibid. viii. 12–14); “And Jeshurun waxed fat and kicked” (ibid.
xxx. 15). On account of this fear the Law commanded us to read
each year a certain portion before the Lord and His glory, when we
offer the first-fruit. You know how much the Law insists that we shall
always remember the plagues that have befallen the Egyptians;
comp. “That thou mayest remember the day when thou camest forth
out of the land of Egypt all the days of thy life” (ibid. xvi. 3); “That
thou mayest tell in the ears of thy son what things I have wrought in
Egypt” (Exod. x. 2). Such a law was necessary in order to perpetuate
the memory of the departure from Egypt; because such events
verify prophecy and the doctrine of reward and punishment. The
benefit of every commandment that serves to keep certain miracles
in remembrance, or to perpetuate true faith, is therefore obvious.

In reference to the law concerning the first-born of man and cattle it

is distinctly said, “And it came to pass, when Pharaoh would hardly
let us go, that the Lord slew all the first-born in the land of Egypt,
etc., therefore I sacrifice to the Lord,” etc. (Exod. xiii. 15). But it can
easily be explained why only cattle, sheep, and asses are mentioned
in this law; these are kept as domestic animals, and are found in
most places, especially in Palestine, where the Israelites were
shepherds, they, their fathers, and forefathers; comp. “Thy servants
are shepherds, both we and also our fathers” (Gen. xlvii. 3). Horses
and camels, however, are not wanted by shepherds, and are not
found in all places; thus in the booty of Midian (Num. xxxi.) no other
animals are mentioned but oxen, sheep, and asses. But asses alone
are indispensable to all people, especially to those who are engaged
in the field or in the forest. Thus Jacob says, “I have oxen and
asses” (Gen. xxxii. 5). Camels and horses are not possessed by
many people, but only by a few, and are only found in a few places.
The law that the first-born of an ass was to have its neck broken [in
case it is not redeemed], will only ensure the redemption of the ass.
It has, therefore, been said that the act of redeeming the ass is to
be preferred to that of breaking its neck.

As to the precepts enumerated in the laws concerning the year of

release and the jubilee (Hilkot shemittah ve-yobel) some of them
imply sympathy with our fellow-men, and promote the well-being of
mankind; for in reference to these precepts it is stated in the Law,
“That the poor of thy people may eat” (Exod. xxiii. 11); and besides,
the land will also increase its produce and improve when it remains
fallow for some time. Other precepts of this class prescribe kindness
to servants and to the poor, by renouncing all claims to debts [in the
year of release], and relieving the slaves of their bondage [in the
seventh year]. There are some precepts in this class that serve to
secure for the people a permanent source of maintenance and
support by providing that the land should remain the permanent
property of its owners, and that it could not be sold. “And the land
shall not be sold for ever” (Lev. xxv. 23). In this way the property of
a person remains intact for him and his heirs, and he can only enjoy
the produce thereof. I have thus explained the reason of all precepts
contained in our work in the Section Zeraiʻim, with the exception of
the laws concerning the intermixture of different species of beasts
the reason of which will be given (chap. xlix.).

In the same manner we find that all the precepts comprised in “the
laws [341]on valuations,” and on “things devoted” are based on the
principle of charity; some of them prescribe what should be given to
the priests; others tell us what must be devoted to the repairs of the
temple. The practice of all these things accustoms man to act
liberally and to spend money unhesitatingly to the glory of God. For
it is in the nature of man to strive to gain money and to increase it;
and his great desire to add to his wealth and honour is the chief
source of misery for man. Also the precepts contained in “the laws
concerning the relation between lender and borrower” (Hilkot
malveh veloveh) will be found, on being carefully examined, to be
nothing but commands to be lenient, merciful and kind to the needy,
not to deprive them of the use of anything indispensable in the
preparation of food. “No man shall take the nether or the upper
millstone to pledge: for he taketh a man’s life to pledge” (Deut. xxiv.
6).

The precepts contained in “the laws concerning slaves” (Hilkot

ʻabadim), likewise prescribe only acts of pity, mercy and kindness to
the poor. It is an act of mercy to give liberty to a Canaanite servant
for the loss of one of his limbs (Exod. xxi. 26, 27), in order that he
should not suffer from slavery and illness at the same time. The law
applies even to the case that a tooth of a slave has been knocked
out, much more to the mutilation of other limbs. He could only be
corrected with a rod or reed or the like, as we have stated in
Mishneh-torah. Besides, if the master strikes the slave too hard and
kills him, he is punished with death as for ordinary murder. Mercy is
also the object of the law, “Thou shalt not deliver unto his master
the servant that is escaped from his master” (Deut. xxiii. 15); but it
teaches besides a very useful lesson, namely, that we must always
practise this virtue, help and protect those who seek our help, and
not deliver them unto those from whom they flee; and it is not
sufficient to give assistance to those who are in need of our help; we
must look after their interests, be kind to them, and not hurt their
feeling by words. Thus the Law says: “He shall dwell with thee, even
among you, in that place which he shall choose in one of thy gates,
where it liketh him best: thou shalt not vex him” (ibid. ver. 16). This
we owe to the lowest among men, to the slave; how much more
must we do our duty to the freeborn, when they seek our
assistance? But, on the other hand, when sinners and evildoers seek
our help, it must not be granted; no mercy must be shown to them,
and the course of justice must not be interfered with, even if they
claim the protection of that which is noblest and highest; for “Thou
shalt take him from mine altar that he may die” (Exod. xxi. 14). Here
a person comes to seek the help of God, and claims the protection
of that which is devoted to his name; God, however, does not help
him, and commands that he be delivered up to the prosecutor, from
whom he fled. Much less need any one of us help or pity his fellow-
men [under such circumstances]; because mercy on sinners is
cruelty to all creatures. These are undoubtedly the right ways
designated “righteous statutes and judgments” (Deut. iv. 8), and
different from the ways of the fools, who consider a person
praiseworthy when he helps and protects his fellow-men, without
discriminating between the oppressor and the oppressed. This is well
known from their words and songs.

The reason and usefulness of every precept of this class has thus
been clearly demonstrated. [342]

[Contents]
 CHAPTER XL
The precepts of the fifth class, enumerated in the Section “On
Damages” (Sepher neziḳin), aim at the removal of wrong and the
prevention of injury. As we are strongly recommended to prevent
damage, we are responsible for every damage caused by our
property or through our work in so far as it is in our power to take
care and to guard it from becoming injurious. We are, therefore,
responsible for all damage caused by our cattle; we must guard
them. The same is the case with fire and pits; they are made by
man, and he can be careful that they do not cause damage. I will
point out the equity of the various laws in this respect. No
compensation is enforced for damage caused by the mouth or the
foot of an animal in a public thoroughfare; because this cannot be
guarded against, and the damage caused there is not very large.
Those who place their things in a public place are themselves guilty
of neglect, and expose their property to injury. But compensation is
given for damage caused to the property of a person in his own field
by the tooth or the foot of an animal. It is different in the case of
damage caused by the horn of animals or the like. The animal can
be guarded everywhere [and prevented from causing injury], whilst
those who pass public thoroughfares cannot sufficiently take care
against accidents of this kind. In this case the law is the same for all
places; but there is a difference whether the owner of the animal
has been warned concerning it or not (muʻad or tam). If the animal
has not been in the habit of causing damage, the owner need only
pay half the damage; but damage caused by an animal which has
been in the habit of doing so, and has been known as savage, must
be paid in full. The compensation for a slave is uniformly estimated
at half the value fixed for a free man. For in the law concerning the
valuation of man you find the highest valuation at sixty shekels,
whilst the money to be paid for a slave is fixed at thirty shekels
silver. The killing of an animal that has killed a human being (Exod.
xxi. 28, 29) is not a punishment to the animal, as the dissenters
insinuate against us, but it is a fine imposed on the owner of that
animal. For the same reason the use of its flesh is prohibited. The
owner of an animal will, therefore, take the greatest possible care in
guarding it; he will know that if any person is killed by the animal,
whether that person be grown up or young, free or in bondage, he
forfeits at least the animal; and in case he has already received a
warning concerning it, he will have to pay a ransom in addition to
the loss of the animal. This is also the reason why a beast is killed
that has been used by a human being for an immoral purpose (Lev.
xx. 15, 16); its owner will be more careful as regards his beast, will
guard it, and never lose sight of it, just as he watches his household:
for people fear the loss of their property as much as that of their
own life; some even more, but most people hold both in the same
estimation. Comp. “and to take us for bondmen, and our asses”
(Gen. xliii. 18).

This class includes also the duty of killing him who pursues another
person; that is to say, if a person is about to commit a crime we may
prevent it by killing him. Only in two cases is this permitted; viz.,
when a person runs after another in order to murder him, or in order
to commit fornication; because in these two cases the crime, once
committed; cannot be remedied. In the case of other sins, punished
with death by the court of law, such as [343]idolatry and profanation
of the Sabbath, by which the sinner does no harm to another
person, and which concern only his own principles, no person may
be killed for the mere intention, if he has not carried it out.

It is known that desire is denounced because it leads to coveting,

and the latter is prohibited because it leads to robbery, as has been
said by our Sages.
The object of the law of restoring lost property to its owner (Deut.
xxii. 1–3) is obvious. In the first instance, it is in itself a good feature
in man’s character. Secondly, its benefit is mutual; for if a person
does not return the lost property of his fellow-man, nobody will
restore to him what he may lose, just as those who do not honour
their parents cannot expect to be honoured by their children.

A person who killed another person unknowingly must go into exile

(Exod. xxi. 13; Num. xxxv. 11–28); because the anger of “the
avenger of the blood” (Num. xxxv. 19) cools down while the cause of
the mischief is out of sight. The chance of returning from the exile
depends on the death of [the high-priest], the most honoured of
men, and the friend of all Israel. By his death the relative of the slain
person becomes reconciled (ibid. ver. 25); for it is a natural
phenomenon that we find consolation in our misfortune when the
same misfortune or a greater one has befallen another person.
Amongst us no death causes more grief than that of the high-priest.

The beneficial character of the law concerning “the breaking of the

neck of a heifer” (Deut. xxi. 1–8) is evident. For it is the city that is
nearest to the slain person that brings the heifer, and in most cases
the murderer comes from that place. The elders of the place call
upon God as their witness, according to the interpretation of our
Sages, that they have always kept the roads in good condition, have
protected them, and have directed every one that asked his way;
that the person has not been killed because they were careless in
these general provisions, and they do not know who has slain him.
As a rule the investigation, the procession of the elders, the
measuring, and the taking of the heifer, make people talk about it,
and by making the event public, the murderer may be found out,
and he who knows of him, or has heard of him, or has discovered
him by any due, will now name the person that is the murderer, and
as soon as a man, or even a woman or handmaid, rises up and
names a certain person as having committed the murder, the heifer
is not killed. It is well known that it is considered great wickedness
and guilt on the part of a person who knows the murderer, and is
silent about him whilst the elders call upon God as witness that they
know nothing about the murderer. Even a woman will, therefore,
communicate whatever knowledge she has of him. When the
murderer is discovered, the benefit of the law is apparent. If the
court of justice cannot sentence him to death, the king may find him
guilty, who has the power to sentence to death on circumstantial
evidence; and if the king does not put him to death, the avenger of
blood may scheme and plan his death, and at last kill him. We have
thus shown the use of the law concerning the breaking of the neck
of the heifer in discovering the murderer. Force is added to the law
by the rule that the place in which the neck of the heifer is broken
should never be cultivated or sown. The owner of the land will
therefore use all means in his power to search and to find the
murderer, in order that the heifer be not killed and his land be not
made useless to him. [344]

[Contents]
 CHAPTER XLI
The precepts of the sixth class comprise the different ways of
punishing the sinner. Their general usefulness is known and has also
been mentioned by us. I will here describe them one by one and
point out their nature in detail.

The punishment of him who sins against his neighbour consists in

the general rule that there shall be done unto him exactly as he has
done: if he injured any one personally, he must suffer personally; if
he damaged the property of his neighbour, he shall be punished by
loss of property. But the person whose property has been damaged
should be ready to resign his claim totally or partly. Only to the
murderer we must not be lenient because of the greatness of his
crime; and no ransom must be accepted of him. “And the land
cannot be cleansed of the blood that is shed therein but by the
blood of him that shed it” (Num. xxxi. 33). Hence even if the
murdered person continued to live after the attack for an hour or for
days, was able to speak and possessed complete consciousness, and
if he himself said, “Pardon my murderer, I have pardoned and
forgiven him,” he must not be obeyed. We must take life for life, and
estimate equally the life of a child and that of a grown-up person, of
a slave and of a freeman, of a wise man and of a fool. For there is
no greater sin than this. And he who mutilated a limb of his
neighbour, must himself lose a limb. “As he hath caused a blemish in
a man, so shall it be done to him again” (Lev. xxiv. 20). You must
not raise an objection from our practice of imposing a fine in such
cases. For we have proposed to ourselves to give here the reason for
the precepts mentioned in the Law, and not for that which is stated
in the Talmud. I have, however, an explanation for the interpretation
given in the Talmud, but it will be communicated vivâ voce. Injuries
that cannot be reproduced exactly in another person, are
compensated for by payment; “only he shall pay for the loss of his
time, and shall cause him to be thoroughly healed” (Exod. xxi. 19).
If any one damaged the property of another, he must lose exactly as
much of his own property: “whom the judges shall condemn he shall
pay double unto his neighbour” (Exod. xxii. 8); namely, he restores
that which he has taken, and adds just as much [to it] of his own
property. It is right that the more frequent transgressions and sins
are, and the greater the probability of their being committed, the
more severe must their punishment be, in order to deter people
from committing them; but sins which are of rare occurrence require
a less severe punishment. For this reason one who stole a sheep had
to pay twice as much as for other goods, i.e., four times the value of
the stolen object; but this is only the case when he has disposed of
it by sale or slaughter (Exod. xxi. 37). As a rule, the sheep remained
always in the fields, and could therefore not be watched so carefully
as things kept in town. The thief of a sheep used therefore to sell it
quickly before the theft became known, or to slaughter it and
thereby change its appearance. As such theft happened frequently,
the punishment was severe. The compensation for a stolen ox is still
greater by one-fourth, because the theft is easily carried out. The
sheep keep together when they feed, and can be watched by the
shepherd, so that theft when it is committed can only take place by
night. But oxen when feeding are very widely scattered, [345]as is
also mentioned in the Nabatean Agriculture, and a shepherd cannot
watch them properly; theft of oxen is therefore a more frequent
occurrence.

The law concerning false witnesses (Deut. xix. 19) prescribes that
they shall suffer exactly the same loss which they intended to inflict
upon another. If they intended to bring a sentence of death against
a person, they are killed; if they aimed at the punishment of stripes,
they receive stripes; and if they desire to make a person pay money,
they are sentenced to pay exactly the same sum. The object of all
these laws is to make the punishment equal to the crime; and it is
also on this account that the judgments are “righteous” (Deut. iv. 8).
A robber with violence is not ordered to pay anything as fine (Lev. v.
24); the additional fifth part [of the value of the robbed goods] is
only an atonement-offering for his perjury. The reason of this rule is
to be found in the rare occurrence of robbery; theft is committed
more frequently than robbery, for theft can be committed
everywhere; robbery is not possible in towns, except with difficulty;
besides, the thief takes things exposed as well as things hidden
away; robbery applies only to things exposed; against robbery we
can guard and defend ourselves; we cannot do so against theft;
again, the robber is known, can be sought, and forced to return that
which he has robbed, whilst the thief is not known. On account of all
these circumstances the law fines the thief and not the robber.

Preliminary Remark.—Whether the punishment is great or small, the

pain inflicted intense or less intense, depends on the following four
conditions.

1. The greatness of the sin. Actions that cause great harm are
punished severely, whilst actions that cause little harm are punished
less severely.

2. The frequency of the crime. A crime that is frequently committed

must be put down by severe punishment; crimes of rare occurrence
may be suppressed by a lenient punishment considering that they
are rarely committed.

3. The amount of temptation. Only fear of a severe punishment

remains us from actions for which there exists a great temptation,
either because we have a great desire for these actions, or are
accustomed to them, or feel unhappy without them.