any one of the citizens who is willing and whom she
wills, and he shall be the heir of the dead man, and
the husband of his daughter. Circumstances vary,
and there may sometimes be a still greater lack of
relations within the limits of the state; and if any
maiden has no kindred living in the city, and there
is some one who has been sent out to a colony, and
she is disposed to make him the heir of her father’s
possessions, if he be indeed of her kindred, let him
proceed to take the lot according to the regulation
of the law; but if he be not of her kindred, she having
no kinsmen within the city, and he be chosen by the
daughter of the dead man, and empowered to marry by
the guardians, let him return home and take the lot
of him who died intestate. And if a man has no
children, either male or female, and dies without making
a will, let the previous law in general hold; and
let a man and a woman go forth from the family and
share the deserted house, and let the lot belong absolutely
to them; and let the heiress in the first degree be
a sister, and in a second degree a daughter of a brother,
and in the third, a daughter of a sister, in the fourth
degree the sister of a father, and in the fifth degree
the daughter of a father’s brother, and in a
sixth degree of a father’s sister; and these
shall dwell with their male kinsmen, according to
the degree of relationship and right, as we enacted
before. Now we must not conceal from ourselves
that such laws are apt to be oppressive and that there
may sometimes be a hardship in the lawgiver commanding
the kinsman of the dead man to marry his relation;
he may be thought not to have considered the innumerable
hindrances which may arise among men in the execution
of such ordinances; for there may be cases in which
the parties refuse to obey, and are ready to do anything
rather than marry, when there is some bodily or mental
malady or defect among those who are bidden to marry
or be married. Persons may fancy that the legislator
never thought of this, but they are mistaken; wherefore
let us make a common prelude on behalf of the lawgiver
and of his subjects, the law begging the latter to
forgive the legislator, in that he, having to take
care of the common weal, cannot order at the same time
the various circumstances of individuals, and begging
him to pardon them if naturally they are sometimes
unable to fulfil the act which he in his ignorance
imposes upon them.
Cleinias: And how, Stranger, can we act most fairly under the circumstances?
Athenian: There must be arbiters chosen to deal with such laws and the subjects of them.
Cleinias: What do you mean?