Documente Academic
Documente Profesional
Documente Cultură
The parable of the talents (or pounds) (Mt. xxv. 14-28; Lk. xix.
12-27) is not fully intelligible without technical information. References
to the legal background have so far been slight1. A contribution from
Professor JEAN DAUViLLiER2 has however thrown welcome light. Material necessary for the elucidation of the parable will throw light
also on two wandering logia. The problem of the original form of the
talents parable requires some reference to the legal knowledge which
the hearers of Jesus and their contemporaries can easily have drawn
upon when thinking about such a story. If we had legal information
directly from the time of Jesus we should be on firm ground. In
default of this we note the Babylonian material, the Talmudic material and the (ancient customary) Islamic material: proceeding inwards from both directions we can determine with sufficient sureness
what customs will have been familiar to Jesus' contemporaries. The
difference between the laws at both ends, as it were, of this timescale must be noted, for the sake of accuracy, but the final result is
not materially affected by the doubt which remains. The institution
of law which is explained in this article is also glanced at in the difficult
parable of the Unmerciful Servant, but that topic requires separate
attention.
1
J. JEREMIAS, Die Gleichnisse Jesu, 6th edn. (Gttingen, 1962) deals with the
parable at pp. 6560. Recognition of legal points is seen at 57 n. 1 and 69 n. 1. Some
practical considerations weigh with W. FOERSTER, "Das Gleichnis von den anvertrauten Pfunden", in Verbum Dei Manet in Aeternum (Festschrift f. 0. Schmitz, Witten,
1953), 3766. A. JLICHER, Die Gleichnisreden Jesu, II (Tbingen, 1910), 472493,
and L. FONCK, Die Parabeln des Herrn im Evangelium (Innsbruck, 1902) both show
the importance of apparently trifling details. C. H. DODD'S study of the third servant's
behaviour (Parables of the Kingdom, London, 1961, 108114) shows how details may
lead to a particular application he sees an attack on the Pharisees. The nature of
the over-caution and its cause needs further exploration. JEREMIAS would see the
lesser sums (Lk.) and the fewer servants (Mt.) as correct. This writer would incline
to favour the Matthaean scheme in both regards. On BILLERBECK'S contribution see
a comment below, n. 3.
2
"La parabole des mines ou des talents et le 99 du Code de Hammurabi",
M alanges Joseph Magnol (Paris, 1948), 153166. LAGRANGB in part anticipated him.
The author was (1589) somewhat influenced by the alleged allegorical sense of the
parable.
185
186
Exhaustive is B. BEINART (Prof. of Roman Law, Univ. of Cape Town), "Capital in partnership", Ada Juridica, 1961, 118155, essential for the understanding
of the parable. Business has features which are perennial. It was commonly assumed
that capital was more valuable than labour, thus the capital is not presumed (in the
absence of agreement) to be common property, i. e. it must be returned intact on
dissolution. The capitalist alone bears the risk of loss, and the merchant is never
debtor in respect of the capital. This corresponds to the qir d position. Services (Baldus ad Cod. IV. 37.1, num. 1315) correspond not to the capital but to its use, i. e.
interest. GROTIUS, De lur. B. et P., II, 12, 24. 1, conceives that capital may become
joint property (whereupon only a half must be returned the Jewish view), and
POTHIER, Societe, I, 4,16, favours community in capital in the absence of a contrary
intention. U. HUBER, Prael. lur. Civ., ad Inst. III. 26, num. 4 (c), says that equity
points the other way. VAN DER KEESSEL, Dictata ad Grotium, ad III. 21. 5, points out
the result but merchants did in practice insure capitalists against loss. BEIN ART
leans (140) to the presumption that the capital remains that of the capitalist, but he
recognizes the possibility of modification. If the merchant were the other's servant
(an uncontemplated modification), this would only reinforce the capitalist's right to
have his capital intact.
5
See protestations in P. Cair. Maspero 67158, 67169 (J. MASPERO, Cat., 11,1913,
113117).
6
Rabbis speak of "drinking beer", and reject it R. Tarfon and R. "Aqiba
illustrate this: Mid. R. Lev. XXXIV, 16 (trans., 444). Money intended to be invested
in a field was distributed in charity by the 'labouring' partner who, when challenged,
cited Ps. cxi/cxii. 9!
7
B. T., B. M. 69 ab = Sonc. trans., 402; 105 a = Sonc. 599.
8
B. T., Shab. 63 a = Sonc. 298. Merit increases with risk. Cf. Bets. 32 b =
Sonc. 165 (a refusal of an 'i$qa'). For "purse" meaning a deposit in business see W. F,
LEEMANS, Foreign Trade in the Babylonian Period (Leiden, 1960), 99.
187
188
The importance of *i$qa' was that, although a profit was obtained by P, no rate
of interest on his capital could be stipulated, and therefore usury could be avoided.
The Islamic counterpart is called qir d or mutfarabah16*, very ancient customary law,
well documented.
BEN ALI FEKAR, La Commande en Droit Musulman (Lyon, 1910). D. SANTILLANA, Istituzioni di Divitto Musulmano Malichita con Riguardo anche al Sistema
Sciafiita II (Rome, 1938), bk. X, ch. iv, 323334. C. HAMILTON (trans.), The Hedaya
or Guide ..., 2nd edn., S. G. GRADY (London, 1870), III, bk. xxvii, 454471. FREYTAG,
Lexicon (1837), 497: qaritfa mutuo creditoque dedit, ut lucri ex mercatura redeuntis certam partem cum sorte reciperet. Shafi'ite definition: a contract sui generis,
mixed of hire and partnership, with a predominance of hire of labour. Minhaj etTalibin (II, 132): "consigning to someone of a sum of money to be employed in commerce, the profit being on the common account". In modern Arabic mugarabah means
exactly "speculation", commercially or otherwise.
16
GUILLAUMONT and others, 1959, p. 37, pi. 92.1516, M. GRANT and D. N.
FREEDMAN, Secret Sayings of Jestts (London, 1960), 15960, which has a better
translation.
17
BILLERBECK, II, 252 suggests 'a$aq biphragmaty ' for the infinitive. See
JASTROW, Diet., 10989.
18
Mishnah, B. M. V. 4 (DANBY, 356; BLACKMAN, IV. 123), B. T., B. M. 68 a
69 a = Sonc. 397401. DAUVILLIER, 164. The rule that a mifa$$eq can in any case
claim 1/Q of the profit is much later Jewish law (n. 23 below) and does not apply to
our period.
19
Nehardea, a town in Babylonia near the junction of the Euphrates and the
Nahr Malka, was the seat of the academy rendered famous by Samuel and other
great rabbis.
189
profit would not be calculated until the capital had been repaid
this is a universal feature. But if there were no agreement (as would
be the case between master and servant) half of the capital was considered a deposit in trust (the risk lying entirely with P), while the
other half was a debt, a loan to S20. When the *isqa was dissolved,
S must restore half the capital if so much or more had been lost in
business. S's expenses could not be recovered in such a case, and he
would bear them himself.
The reasoning is convincing. Better or worse terms subsisted at other periods.
In Babylonian law the merchant must repay the entire capital in any event (saving
force majeure)21. In Islamic law none of the capital is treated as a loan to S. P could
have no recourse to S's own funds to make good any loss (not due to S's fraud) at
the dissolution of the qirad2*. In between in time the Jewish rule is curiously intermediate in nature. P would not have invested unless he wanted fruit (interest), but
without S's labour there would have been no fruit. In the absence of agreement to
the contrary the labour of S must be presumed equivalent to the use of the capital
of P, and therefore P was entitled (so the Jewish businessmen believed) to the fruit
on half, and S to that on the other half. Only half of the capital is treated as a loan,
i. e. the half on which P was entitled to the 'interest'. His oath as a bailee discharges
S from liability for the other half.
What share of the net profit might our S's have expected if they
had not been servants ? Perhaps one-third23. But our S's were servants,
that is to say their maintenance would be the first charge on the
capital or its profits, if any. Their skill was already supposed to be
paid for. The proportion would be much less, and it would not be
bargained for in advance. A P who in fact profited much from his
*isqa would reward the honest S well24, who would obtain absolutely,
20
B. T., B. M. 104 b = Sonc. 598. plpD KJ^BI mV KpO*S7 ^. The
rule is connected with the ratio of Mishnah, B. M. V. 4.
21
SZLECHTER, Contrat, 68, relying on Ham, 102.
22
SANTILLANA, 330. HAMILTON, 454, 464.
23
So apparently in Babylonia. In the mud rabah (HAMILTON, 462), as in Roman
Law, half-and-half would be the rule, but variations are contemplated. In the qirdd
the texts (SANTILLANA, 326) suggest /3 or */4 (at 332, the usual proportion seems to
have been 1/3). Circumstances might at any time justify a partner's agreeing to accept
V8: P. Lond. V. 1705 (p. 110) (6th cent.), though half-and-half is almost universal
(e, g. P. Flor. Ill, 370, p. 91, A. D. 132). In late talmudic law the unpaid mifasseq
is entitled to x/6 of the profit as remuneration for handling the trust half of the capital,
giving him a total of 2/3 of the profit; and he bears only x/3 of the loss. This was not
generally accepted, but illustrates concern for the unpaid working partner. Maimonides, XII, IV, vi, 34 (trans., 2278).
24
Under the qira4 the proportion could be altered when the enterprise was over
(Santillana, 326). In Old Babylonia the tamk rum carrying on trade on behalf of the
palace would receive an ilkum (land or money in lieu thereof) as his reward (LEEMANS,
Old Bab. Merch., 125).
190
191
is not a gratuitous bailee)29, but this prejudicial element is not essential to the parable. But why did he hide the money and not trade
with it ?
He claims fear. Was it over-caution and cowardice? Rather he
suspected he would be left with little of the profit, if any. He believed his master conformed to the (entirely appropriate) saying
which pillories a capitalist, or another, who derives (by intimidation
or otherwise) an inequitably high proportion from his investments30,
exploiting the relationship in question. Some capitalists used in the
ancient world to try to be leonine partners', and there is an inevitable
tendency to make the weaker party insure the other against all risks
without a premium.
We note in passing the discrepancy between
in Mt. and in Lk. The former, typical of wry Jewish
humour, is the equivalent of the Mishnaic herey shelch leph neych .
With this expression one disclaims responsibility and defies complaint31. The overtones are lost in Lk.
The sauciness of the speech is fascinating32. It both upbraids and
defies. The writer does not, as some, believe that he expected com29
192
193
as given by Mt. God's 'business' with men is expressed in three contexts as a trust, or deposit for both safe and profitable keeping. These
are commonplaces. The soul is a deposit36. The Torah is likewise a
deposit to be worked with. Lastly the riches of the world are a trust
to be employed according to the Master's instructions, with cheerful
obedience, if we are to follow Deut. xxviii, cf. Lev. xxvi37. If men
are faithful they will prosper. They will lend to others38, and this
may be construed otherwise than historically. If they disobey they
will fail and have no credit39. A parable could bring the point home
to hearers who knew the scripture and might have assumed that it
was to be taken only symbolically. That the treasures of the world
are for man to exploit, and do not, in Jewish eyes, begin and end at
the rains to which the text is thought to refer39a, is shown by a
midrash already alluded to. Moses was God's partner () in
the world's riches39b. To illustrate the faithfulness with which these
treasures should be administered one need only point to the specific
obligation to lend (Lev. xxv. 35, Deut. xv. 7-8, Lk. vi. 35), which has,
however, no direct relation to our parable. It is conceivable that our
parable was intended to recall to its hearers the famous chapters
dealing with blessings and curses, and to reinforce the Deuteronomic
recommendation of service with joyfulness of heart40.
Lk. or his source seems to have rewritten the parable believing
that the money was entrusted as a test41. A test in loyalty led to the
notion of reward, reward in turn to the range of retribution with the
addition of u and 27. The test theme requires I7c and I9b, and
therefore the implausible equality of investment at 13 and the equally
implausible, trifling sums. But the money was not given as a test
the men were already his servants. Yet investment can detect unfaithfulness, and it is not impossible to imagine that detection was
suspected to have been behind the scheme from the first.
As a reward for faithfulness the first servant receives the money
taken from the third. The point is emphasised in Lk. Why? P not
88
194
only resumes the money, but terminates the *isqa in Mt. he terminates the master-servant relationship also. The partnerships of the
others naturally continued. Lk. shows administrative and fiscal responsibilities distributed41*, for which the servants were well fitted,
for tax-collectors and dealers in revenue monies were often the same
people and operated in partnership. The most successful servant was
naturally the one whose partnership capital was increased. The others
might object, and the master's ultimate share might be reduced. But
the apt logion follows. It is the way of the world. Capital chases the
lowest risk, even at the cost of interest!
In keeping with the concept of trust, one may suggest an application for the parable. A general application strikes this writer as
having a good claim. Moral generalities are worthy of pointed lessons.
Those who complain that God has dealt hardly with them, that they
are poor, stupid, oppressed, etc., may abandon piety as impractical.
They may chide God for expecting of them more than is equitable.
But this is not the spirit to adopt, says the parable. You may fail
in the search for perfection42, but persist, for if success is not met in
this world (which need not be excluded), there is the Messianic banquet hereafter. That is what Deut. xxviii, for example, promises to
those that serve in cheerfulness of heart. To those who survived the
destruction of Jerusalem that chapter may have seemed distinctly to
anticipate the penalty for failure to serve in the right spirit.
To him that hath . . /
This is obviously a saying, appearing appropriately as the culmination of the talents parable. Mt. xxv. 29 agrees with the version at
xiii. 12 in the explanatory (but perhaps genuine ?) ,
which tells us that giving increases the capital which the recipient
then has. Mk. iv. 25 agrees with Lk. viii. is, xix. 26, equally intelligible
with the Matthaean text. It seems paradoxical, its virtue as a saying.
How can anything be taken from him who has nothing ? It is not a
question of the rich and powerful receiving presents, nor of lending
to the solvent. If a merchant possessing capital shows a profit, people
eagerly offer him further capital, the trader who reports no profit
loses the capital entrusted to him. From him that has not (profit to
show) is taken (withdrawn) even that (capital) which he still has. This
remains true.
41a
See SHERWIN-WHITE, Roman Society and Roman Law in the New Testament
(Oxford, 1963), 133.
42
Note that mi?a$eq means (i) a businessman (as we have seen), and also
(ii) a genuine student of the Torah (JASTROW, ubicit.,n. 17 sup.).
195
, * ...
Lk. xii. 48 b was understood by the evangelist to throw light on
the different treatment awaiting individuals with different degrees of
knowledge of God's will, but the saying is cryptic and perhaps always
had a double entendre, and are in antithesis. The
first means 'paid' (wages) and the second 'deposited' in the unexpected sense43 of entrusted for trade. A movement from to
(note in the next verse) by way of is
possible. The contrast is, apparently, between those who receive something to be returned in equal measure (as a friendly donation or deposit for safe keeping) and those who receive many and valuable
pledges and as a result are constantly applied to for loans. The more
and more valuable the pledges they accept, the more readily people
beg large sums from them. Further (and here the application to servants is valid) money is entrusted to a man, in keeping with his
success. The more entrusted to him the larger the profits expected
from him. It is easier to multiply a large sum than a small one. The
parable showed that proportionately most could be expected of the
servant who received the largest investment.
No equal exchange is desired, or is possible, for the soul, the
Torah, or the treasures of the world. But the demands made on the
depositary are substantial*.
(Finished 15 Sept. 1964)
43