Willis : Hebrew Law 
11 
this result was the abuse of the power of vengeance by the 
redeemer, which brought about retaliations and blood-feuds 
incompatible with life in a settled community. 
The thing which chiefly characterized the patriarchal sys- 
tem was the regulation of vengeance and self-help. The first 
characteristic of the judicial system which Moses established 
was the substitution of governmental action for private ac- 
tion. At first, however, the courts dared to go no further 
than to regulate vengeance. They did not dare to abrogate it. 
Even as early as Cain, Cain was afraid of the avenger, and 
the existence of the lex talionis is discovered in a time as late 
as that discussed in the twenty-first chapter of Exodus. One 
of the first ways of regulating vengeance was the recognition 
of the refuge of the altar . 46 The altar was not always protec- 
tion. It did not protect Joab from Solomon. Evidently Solo- 
mon’s fear of Joab overcame his fear of the Lord, and Joab 
was taken from the horns of the altar. Probably the right 
of sanctuary was preceded by the privilege of the house; it 
was succeeded by the establishment of cities of refuge . 47 
Another method whereby vengeance was regulated was by the 
substitution of a composition, the buying off of the avenger, 
and the fine for the benefit of the injured . 48 
There are no reports of most of the cases decided by Moses 
and his associates and the judges who followed them in He- 
brew history. There are no “Year Books” of the Hebrew 
law. But fortunately a few of these cases have been pre- 
served, and those preserved are very significant and are a 
wonderful help to an understanding of the historical develop- 
ment of Hebrew law. 
One such case was that of Zelophehad’s daughters. This 
was a case of first impression. The judges according to tradi- 
tion were Moses, Eleazar, and Princes, Moses retiring to de- 
liberate. The plaintiffs were the Daughters of Zelophehad. 
The defendants were the collateral kinsmen of the father. The 
question was whether or not the right of inheritance should 
be extended to women. The decision was for the plaintiffs, 
reason not given; tho perhaps it was because of a custom of 
their tribe. The defendants appealed, or asked for a re- 
46 21 Exod. 13; 1 I Kings 50 ; 2 I Kings 28. 
47 19 Gen. 4 ; 19 Judg. 22 ; 21 Exod. 13 ; 20 Josh. 1-9. 
48 21 and 22 Exod. Mr. Amram relates an interesting case where a town was held 
liable to make expiation where a dead body was found lying in the field and the elders 
could not find the guilty person. 12 Green Bag, 196. 
