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 restrains 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.
4. The facility of doing the thing secretly, and unseen and unnoticed. From such acts we are deterred only by the fear of a great and terrible punishment.
After this preliminary remark, I say that the precepts of the Law may be divided into the following four classes with respect to the punishment for their transgression:--(1) Precepts whose transgression is followed by sentence of death pronounced by a court of law. (2) Precepts whose transgression is punished with excision, such transgression being held to be a very great sin. (3) In some cases the transgression is punished by stripes administered with a strap (such transgression not being considered a grievous sin, as it concerns only a simple prohibition); or by "death by Heaven." (4) Precepts the transgression of which is not punished [even] by stripes. Prohibitions of this kind are all those that involve no act. But there are the following exceptions: [First], Swearing falsely, because it is gross neglect of man's duty, who ought to bear constantly in mind the greatness
