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Indiana University Studies 
was the duty of the redeemer (Goel) to fight for a kinsman, 
ransom him, protect his property, marry his widow, and 
avenge his death. This solidarity was at first natural, but 
later it was artificially extended for purposes of self-protec- 
tion, and strangers were adopted, or by marriage became 
members of the family . 40 
This was the patriarchal power, or body of customary law, 
with which the Hebrews were familiar when Moses and his 
associates began to administer justice, and it continued for a 
long time thereafter in Hebrew history. This it was to which 
they clung when Moses spoke of them as a “stiff-necked and 
rebellious generation”. Because of this traditionary law every 
man thought he had a right to do that which he “thought was 
right in his own eyes”, and he did not yield readily to having 
this power taken away from him and vested in a legal tri- 
bunal. Moses, however, established the principle that they 
must yield to the state, but he and the other judges in decid- 
ing cases had to recognize and respect many of the old customs 
inherited from the patriarchal system. Some they modified. 
The old custom in regard to divorce was in the course of time 
modified so that a former husband could not remarry his for- 
mer wife after another marriage by her . 41 Others they 
abrogated. Other customs grew up to help modify and abro- 
gate the patriarchal system. These were the outgrowth of 
religion, love of children, ownership of land, and the exercise 
of self-defense. Such an incident as Esau’s rebellion would 
weaken the power of the patriarch. A beginning in the 
breaking down of polygamy occurred in Laban’s request and 
threat to Jacob . 42 The idea of family ownership was some- 
what revived by the institution of the year of Jubilee, but the 
right to sell a wife was finally stopped by statute . 43 The sa- 
credness of human life began to be recognized, but not so much 
that people thought murder was wrong as that they objected 
to being killed. “Thou shalt not kill” at first meant a member 
of another family. The child was not emancipated until very 
late, for in the time of the kings cases of sacrifice of them are 
related . 44 Tribal liability was finally abolished, however, and 
at last the individual emerged . 45 The thing which hastened 
40 15 Gen. 2-3; 2 Esther 17; 12 Exod. 38. 
41 24 Deut. 1-4. 
42 31 Gen. 50. 
43 21 Exod. 7-11. 
44 12 Deut. 31 ; 16 II Kings 3 ; 17 II Kings 17 ; 21 II Kings 6. 
45 21 Exod. 16; 14 II Kings 5-6. 
