Willis : Hebrew Law 
25 
tion if land was sold to a stranger , 87 and the kinsman had the 
first right to purchase . 88 We have already referred to the 
symbolic transfer by use of the sandal, and to the introduc- 
tion of the Babylonian forms of record and conveyance in 
Jeremiah’s day, and to the confusion between civil law and 
criminal law. The punishment for wrongs to property gen- 
erally consisted of some form of restitution (or fine), and this 
again shows the influence of the nomadic period . 89 
Marriage in Hebrew law was a private contract. The state 
and religion had no part in creating the marriage status. 
There is a hint in the fourteenth chapter of Judges of the early 
temporary monandrous marriage. But the historical type of 
marriage among the Hebrews was the marriage of dominion. 
The contract was executed by the payment of a dowry to the 
father , 90 the conducting of the bride to his home by the bride- 
groom , 91 and by the observance of other details settled by 
custom. At first both polygamy and marriages among near 
relatives were common. The reasons for marriages among 
near relatives were the perpetuation of the family, the reten- 
tion of wealth, and the protection of those in need. Accord- 
ingly we find this close relationship in the case of Abraham 
and his wife , 92 Jacob and his wife , 93 Ammon and Tamar 94 (con- 
templated), and Moses’ parents . 95 This custom was not 
changed by the earliest codes, but at length sentimental con- 
siderations and the consideration of peace brought about cer- 
tain restrictions as to degrees of relationship. The Deuter- 
onomic code did not touch the subject much . 96 It not only 
allowed levirate marriages; it commanded them . 97 But the 
Priestly codes named a number of prohibited degrees and even 
prohibited the levirate marriage , 98 altho this seems to have 
been overlooked in Jesus’ time . 99 At first there was no restric- 
tion upon marriage with aliens, and a number of prominent 
87 25 Lev. 26, 27, 29-32. 
88 25 Lev. 24-25. 
89 Theft, 22 Exod. 1, 3, 4; 22 Exod. 7, 8, 10-13; negligence, 21 Exod. 33, 34; 22 
Exod. 6; fraud, 6 Lev. 2, 5; bailment, 22 Exod. 14-15; 23 Exod. 4, 5 ; 22 Exod. 1-4. 
90 22 Deut. 16, 28, 29. The degradation implied in the purchase marriage was re- 
moved, in the course of time, to some extent, by the practice of giving to the wife the 
dowry paid to the father as the price of the wife, or by the father’s giving a dowry. 
Rachel and Leah complained that this was not done. 31 Gen. 14-16 ; 21 Exod. 9. 
91 Song of Solomon. 
92 20 Gen. 12. 
93 29 Gen. 13. 
94 13 II Sam. 13. 
95 26 Num. 59. 
96 22 Deut. 30 ; 27 Deut. 20, 22, 23. 
97 25 Deut. 5, 6, 7-10. 
98 18 Lev. 16 ; 20 Lev. 21 ; 27 Num. 4. 
99 22 Matt. 24. 
