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Chapter XIX: Front Matter (19)

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“A king is not to be appointed except by the decision of the Great Council of Seventy-one. The minor councils through the tribes and towns are not to be established except by the Council of Seventy-one. Judgment is not to be passed on a tribe that has been entirely seduced, nor upon a false prophet, nor upon a high priest in capital cases, except by the Great Council, (In mere money matters the tribunal of three is competent.) In like manner an elder is not declared rebellious, nor a city dealt with as seduced,[35] nor the bitter waters administered to the suspected adulteress, except by the Great Council. Neither is an addition made to the city nor to the courts. Neither are armies led forth to the wars of permission; nor the elders led forth to measure in the case of a slain person (Deut. xxi. 1, &c.), except by command of the Great Council, for it is said, ‘Every great matter they shall bring to thee.’ (Exod. xviii. 22.)” (Hilchoth Sanhedrin, c. v. 1.) Such is the power and jurisdiction attributed by the rabbies to the Sanhedrin, and which we have now to consider. The mere reading over of these details is sufficient to convince any reasonable man that the whole affair is a waking dream of some man or men, intoxicated with the love of dominion. No man in his senses can believe that God could be the author of a despotism so dreadful over the minds and bodies of men. In the first place, here is an aristocracy of seventy persons, described as having supreme jurisdiction over the King, the High Priest, the Prophets, and the people—possessing the power not only to judge individuals, but to pass sentence on whole cities and tribes, and utterly to destroy them if they pleased—and this without any other law or precedent to guide them than their own will—and, inasmuch as they were self-elective, subject to no control whatever, either of the king or the people. We have heard much of corrupt corporations lately, but any thing at all equal to the self-elective corporation of the Sanhedrin we never heard of, excepting another college of seventy-one, the grand council of another oral law of later date. It is vain to say that this body was controlled by the law of Moses. When the Sanhedrin existed there was no law of Moses, but their own will. They expounded the law as they liked; and as we saw in our last, were not bound even by the decisions of their predecessors: and if any man dared to think for himself or to dispute their interpretation, he was strangled:—

כל חכם שמורה על דבריהם מיתתו בחנק ׃

“Strangulation was the mode of execution for any learned man, who rebelled against their words.” (Hilchoth Mamrim, c. i 2.) They had thus the power to make the law say what they liked: and there was no power on earth to control them. If they had been appointed by the king, or elected by the people, they would have been responsible for the abuse of their power; but they elected their members, and could be deposed by none but themselves. A despotism so complete and so dreadful, so inimical to personal security, and so subversive of all liberty of conscience, could never have been created by God, but must necessarily be the offspring of the distempered brain of man. We can hardly believe that many Jews, except the Talmudistic zealots, who might hope to be made members wish for the restoration of the Sanhedrin; and yet, if they do not, they do not believe in the Jewish religion, for the re-establishment of that Great Council is the consummation of Judaism: and if they do not believe in this religion, can they consider themselves honest men in professing it?

But we must proceed to consider on what authority the rabbies make these claims to such extensive jurisdiction. One would expect to find some distinct command of God, expressly addressed to the council; but no, their only authority is the words of Jethro to Moses, “Every great matter they shall bring to thee;” a plain confession that there is in the whole Bible nothing to warrant their pretensions, or they never would have taken refuge in words so totally irrelevant. Indeed, we are rather surprised that they appealed to the Bible at all, for such an appeal is fatal to all their pretensions. Just let us examine some of the particulars detailed above, by the light of God’s word. The first pretension is, that “A king is not to be appointed except by the decision of the Great Council of Seventy-one.” Now is this true? Is it possible to show that any one of the Kings of Israel was appointed by the Sanhedrin? Not one; but it is possible to prove of many that they were appointed without any reference whatever to any such council. Take, for instance, Saul, the first king of Israel; what had the Sanhedrin to do with his election to the kingly office? Nothing at all. So far as man was concerned, Samuel, and Samuel alone, was the instrument of his election. When the people wished a king, they did not go to the Sanhedrin, but to Samuel. He dissuaded them, “Nevertheless, the people refused to obey the voice of Samuel.” Would they have ventured to do so if he had been president of so dreadful a council as the Sanhedrin? When Saul was anointed, it was not by the Sanhedrin, nor by their command. No man was present but the king elect and the prophet. “Then Samuel took a vial of oil, and poured it upon his head, and kissed him, and said, Is it not because the Lord hath anointed thee to be captain over his inheritance?” (1 Sam. x. 1.) And when Saul was solemnly confirmed before the people, Samuel was still the sole agent. “Samuel called the people together unto the Lord to Mizpeh, and said, Now therefore present yourselves before the Lord by your tribes and by your thousands; and Saul the son of Kish was taken.” (xi. 17-21.) It cannot be pretended that the Sanhedrin had anything whatever to do with the matter. But let us try another instance. Let us look at the election of David; was he chosen by the voice of the Sanhedrin? Just as little as Saul. Samuel was again the sole agent. “The Lord said unto Samuel, How long wilt thou mourn for Saul, seeing I have rejected him from reigning over Israel? Fill thine horn with oil and go; I will send thee to Jesse, the Bethlehemite; for I have provided me a king among his sons.” And so Samuel went and anointed him, without any intervention whatever of the Sanhedrin, or any one else. These two cases are sufficient to prove the falsehood of the rabbinic pretensions; but there is one more decisive still, and that is the case of Solomon. Adonijah had made himself king, and Bathsheba, by the advice of Nathan the prophet, took measures to make her son Solomon king. But to whom did Nathan advise her to go? Did he tell her to go to the Sanhedrin and to seek justice? No, but to go to David the king, and to him she accordingly went, and found him not in council, or surrounded by the members of the Sanhedrin, but with Abishag, the Shunammite, ministering to him; and David, without asking any advice, sware unto her, “Assuredly Solomon, thy Son, shall reign after me.” The Sanhedrin had nothing whatever to do with the matter. The assertion, then, that “Nothing was appointed except by the authority of the Sanhedrin,” is a gross falsehood, and very evidently made by ambitious men, grasping after power to which they had no right.

In like manner, we might appeal to history to show, that the tribe of Dan was judged, and that Saul, David, and the other kings of Israel, waged wars without once consulting the Sanhedrin; but there is one of these pretensions so directly opposed to the plain letter of the Mosaic law, that we prefer noticing it. The oral law says, that the waters of jealousy were not administered except by the authority of the Sanhedrin. But what says Moses? When the spirit of jealousy comes upon a man, does he tell him to bring his wife to the Sanhedrin? No, but to the priest. “Then shall the man bring his wife unto the priest,” &c. (Numb. v. 15.) What then is the priest to do? Is he to go first to the Sanhedrin, and get its sanction? No; as soon as the man has brought his wife, and the offering of jealousy, the priest’s business is to bring her before the Lord—“And the priest shall bring her near, and set her before the Lord,”—and is then to proceed with all the prescribed rites; and the whole ends with these plain words, “And the priest shall execute upon her all this law.” There is not only no mention of the Sanhedrin, but immediate power is unequivocally given to the priest, yea, he is commanded to proceed without awaiting the decision of any other tribunal. Here again, then, the pretenders of rabbinic tradition are in direct opposition to the plain commands of Moses, and are therefore unfounded. It is unnecessary to enter into more of these particulars. The two which we have examined are contrary to truth; and two falsehoods are quite enough to shake the credit of any claims. The only possible way of establishing the authority of the Sanhedrin, in answer to this argument, is, to deny the authority of the Bible. There is no other alternative—either the authors of the Pentateuch, the books of Samuel and Kings, are mistaken, or the jurisdiction of the Sanhedrin is a mere fiction. Moses commands a very different institution, and the historical books represent a very different form of government. He who receives these books as inspired, must renounce the authority of the Sanhedrin, whilst he who maintains it must give up the sacred books.

There is, however, another tribunal mentioned in the above-quoted passage of the oral law which it is necessary to notice, and that is the minor Sanhedrin, or council of twenty-three. It is said, “The minor councils through the tribes and towns are not to be established except by the council of seventy-one;” and elsewhere we read:—

ימעמידין בכל עיר ועיר בישראל שיש בה ק׳׳כ או יותר סנהדרי קטנה , וכמה יהיה מנינם כ׳׳ג דיינים ׃

“In every city of Israel that contains one hundred and twenty Israelites or more, a minor Sanhedrin ought to be appointed, and of how many members ought it to consist? Of twenty-three judges.” (Hilchoth Sanhedrin, i. 3.) Now this is another innovation for which there is no warrant whatever in the law of Moses. “Moses chose able men out of all Israel, and made them heads over the people, rulers of thousands, rulers of hundreds, rulers of fifties, and rulers of tens. And they judged the people at all times.” (Exod. xviii. 25, 26.) This is the provision which Moses made for the administration of justice, but he says not a syllable about the appointment of minor Sanhedrins of twenty-three, so that in this we have another instance of the effort, which the rabbies made, to get rid of all the Mosaic institutions, and to substitute their own. And also another proof that the laws of the Sanhedrin were not given by Moses, for they require this Council to appoint minor courts, contrary to his ordinances. It appears, then, from what has been said in these two papers, that the Sanhedrin was altogether an unlawful tribunal, and that therefore the oral law can receive no support from its approval: and it appears, further, that modern Judaism has entirely subverted that order of things established by Moses. He ordained the priests, the Levites, as the teachers of Israel. Modern Judaism has turned them out of their office, and substituted the rabbies. Moses ordained a Supreme Council, consisting of the priests and the judge. Modern Judaism has destroyed that Council, and established the Sanhedrin in its place. Moses appointed rulers over thousands, hundreds, fifties, and tens. Modern Judaism has put an end to that order, and erected new tribunals of twenty-three. In fact, if it were possible for the Jews to realize all the commands of the oral law in their own land, and Moses were to come amongst them again, he could never recognize them as his disciples. He would not find one of his institutions remaining as he left it. It is quite absurd, and if the subject were not so grave, it would be ludicrous to hear the Rabbinists exclaiming that the law of Moses is unchangeable, when they themselves have changed all its main provisions, and made an entirely new religion. But to the Jews it ought to be a matter of very serious enquiry, whether the Mosaic law is unchangeable or not. If the law be unchangeable, then no rabbinical Jew can entertain a reasonable hope of salvation, for he professes a religion which has effected the most extensive changes. In his creed he denies the lawfulness of change, and in his practice he changes without scruple. If the law be unchangeable, it is the bounden duty of every Jew to give up at once the new religion of the rabbies, and to return with all haste to the institutions of Moses. But if he believe that the law is changeable at pleasure, then he ought to renounce that article of his creed which teaches its immutability. In so serious a matter as religion, he ought to endeavour to be consistent, and not halt between two opinions. If Moses be his lawgiver, then let him serve him. But if he be determined to continue in the new religion of the rabbies, he ought to inquire into their character, and the authority and motives which led them to overturn the religion of their forefathers. Is the religion of Moses a bad religion, which it was necessary to renounce? Or, was it only given for a certain period, and when that period had expired, exchanged for a new one? Had the rabbies Divine authority for the changes which they made, or did they change it for their own convenience and interest? The nature of the changes looks very suspicious, they all added to their influence and power. As long as the law of Moses was observed, the rabbies had no power either in Church or State. But by the changes which they made, they became absolute despots over the bodies and souls of all Israel. They had, thus, every possible temptation to reject the one and adopt the other. But is this a reason why the Jewish people should also reject the law of Moses? They gain nothing, and loose everything, both for time and eternity, by the change. By adopting the new religion of the rabbies, they give up the use of that most precious gift, their reason, in all that regards the law and service of God. A Jew, who receives the oral law, can have nothing but a blind faith. He has lost the privilege of considering what God requires of him, and must simply receive what the rabbies choose to prescribe as his duty: and if they should even go so far as to tell him that his left hand is his right, and his right hand his left, he must believe in the decision, and reject the evidences of his senses. Or, if he should dare to doubt, where Judaism reigns triumphant, he must be strangled. There is certainly nothing very inviting in this system, nothing that should tempt a man to prefer it to the just, and equitable, and rational religion of Moses. He gives the law of God into the hands of the Israelite, and says, “Behold I have set life and death before you, choose ye.” He deals with men as rational beings, and requires implicit obedience, not to the word of man, but to the oracles of God. He established a supreme council, but did not permit that council to pass off their own opinions as infallible, but commanded them to inquire of Him who alone is free from error. It is truly astonishing that so large a portion of the Jewish people should still prefer the religious despotism of the oral law; and it is more astonishing still, that they should be deluded to believe, that a system, which has subverted all the institutions of Moses, is the Mosaic religion. But the most astonishing circumstance of all is, that those Jews who have detected the grossness of the delusion and have themselves renounced the practice of the oral law, should feel so indifferent about the welfare of their brethren, and so reckless of the interests of truth, as to look on in silence; or even appear to countenance error by joining in the rights and ceremonies of tradition. Even the tribe of Levi itself has lost its zeal, and abdicated the sacred office committed to it by God. For eighteen hundred years there has not appeared in Israel one single person zealous for the law of Moses. All have been content with calling Moses their master, and there the matter ends. The priests and the people all unite in violating his laws, and trampling upon the ruins of his institutions, and then expect other people to believe that they are the faithful disciples of Moses.

Footnote 35:

Compare Deut. xiii. 13, and Hilchoth Accum, c. iv.

No. XLV.
SANHEDRIN CONTINUED.

How a nation, so acute and so fond of learning as the Jews, should ever have been imposed upon by so clumsy an imposture as that of the oral law, is truly astonishing. The exceeding folly of some of its ordinances, the incredibility of the legends with which it abounds, the extravagant pretensions of its doctors, the grinding tyranny of its despotic tribunals, all seem calculated to awaken doubt in the mind of the most credulous, and the most ignorant. But the utter want of evidence to support its claims ought to be sufficient to open the eyes of even superstition itself. To establish the genuineness of an oral tradition, an unbroken chain of witnesses, from the rise of the tradition to the present time, is indispensably necessary. The succession of persons who received it from their predecessors, and transmitted it to their followers, must be clearly and accurately made out; and the want of a single link, or the existence of a single chasm in the chain of transmission is quite sufficient to discredit the whole, and to invalidate the claims to genuineness. To prove the genuineness of the תורה שבעל פה, oral law, it is necessary not only to point out a succession of persons, but a succession of Sanhedrins, for, as we have seen, the Sanhedrin was regarded as the foundation and pillar of tradition. If a single chasm in history exists, where a Sanhedrin cannot be pointed out, or if the assigned succession be inconsistent with the written and inspired records of the people, the claims of the oral law are invalidated, and the Jewish nation convicted as the abettors of a pious fraud, or the unwitting dupes of an imposture. Now we have already shown that the Sanhedrin was not instituted by Moses, and was never heard of until after the Greek conquest of the land of Israel; and hence it inevitably follows, that the oral law is totally destitute of that chain of testimony, by which alone its genuineness could be established. From Moses to the Maccabees there is one continued chasm, an immense and impassable abyss, which separates between modern Judaism and truth. But as the rabbies have endeavoured to fill up the yawning gulf or rather to build a bridge in the air for the purpose of passing it, we think it necessary to examine the success of their efforts. They say, that a chain of testimony, such as is wanted, does actually exist, and have endeavoured to point out the various links. If this prove fallacious, then the last and only hope of modern Judaism is gone; to prove the fallacy does not require much argument. The chain of testimony as pointed out by the rabbies themselves, is inconsistent with history, and wants continuity even at the very commencement. The first part of the succession is thus described:—

אף על פי שלש נכתבה תורה שבע׳׳פ למדה משה רבינו כולה בבית דינו לשבעים זקנים ואלעזר ופנחס ויהושע שלשתן קבלו ממשה , וליהושע שהוא תלמידו של משה רבינו מסר תורה שבע׳׳פ וצוהו עליה , וכן יהושע כל ימי חייו למד על פה , וזקנים רבים קבלו מיהושע , וקבל עלי מן הזקנים ומפנחס ׃

“Although the oral law was not written, Moses our master taught it all in his Council to the seventy elders; Eleazar also, and Phinehas, and Joshua, all three, received it from Moses. But to Joshua, who was the disciple of Moses our master, he delivered the oral law, and gave him a charge concerning it In like manner Joshua taught it by word of mouth all the days of his life; and many elders received it from Joshua, and Eli received it from the elders, and from Phinehas.” (Preface to the Yad Hachazakah.) Now here the want of continuity begins, immediately after the third link in the chain. That Joshua should inherit the oral law from Moses is very likely, if there was any to be inherited, but who was Joshua’s successor the rabbies cannot tell us. It is not enough to say that the elders received it from Joshua; who were the elders, and who was the next president of the Sanhedrin, and who was the president after that? To make out a chain of witnesses, we must at least have their names, but ought to know, besides, their character, their piety, their probity, before we can depend upon their testimony. The absence of this detail shows that the rabbies had no information on the subject, and were merely trying to make up a story to impose upon the credulous. It is self-evident that if they had possessed an accurate detail, they would have given it; but as they do not, we must infer that they had it not; and as the Bible gives no information on the subject, we must assert, that the chain of testimony terminates at the second link. So far are the rabbies from being able to prove a succession of Sanhedrins from the time of Joshua to their own, that they are compelled to make a grand leap from Joshua to Eli, and thus to leave a chasm of more than two hundred years, which of itself is sufficient to overthrow the claims of the oral law, and to stamp the Jews as the most credulous of men if they believe without any evidence. It is true that the rabbies endeavour to stop up this great cavity with a great falsehood. They say that Eli received the oral law from Joshua’s elders, and from Phinehas; which assertion implies that all these persons lived to be about three hundred years old! And yet, if it were true, it would not be sufficient to make out the proof, for which the succession of Sanhedrins is absolutely necessary, and especially for this period. From the book of Judges, it appears, that in the interval between Joshua and Eli, and even in the next generation after Joshua’s death, the people forsook the law of Moses, even the written law, and gave themselves up to idolatry. Thus we read, “And Joshua the son of Nun, the servant of the Lord, died, being an hundred and ten years old.... And also all that generation were gathered unto their fathers: and there arose another generation after them, which knew not the Lord, nor the works which he had done for Israel. And the children of Israel did evil in the sight of the Lord, and served Baalim.” (Judges ii. 8-11.) Now, here the inspired writer says that Joshua and all that generation died, which expressly contradicts the rabbinic assertion that Joshua’s elders lived to the time of Eli; and, further, he says, that the Israelites turned aside to idols: where was the Sanhedrin at that time? If it existed, why did it not stop the torrent of corruption, and punish the transgressors? And why was it necessary for God to raise up Judges to do the Sanhedrin’s work? We do not once read of the Sanhedrin, or any other council, helping Israel. In the book of Judges, deliverance is ascribed solely to the judges whom God raised up. “When the Lord raised them up judges, then the Lord was with the judge, and delivered them out of the hand of their enemies all the days of the judge.... And it came to pass when the judge was dead, that they returned and corrupted themselves more than their fathers.” (Ibid. 18, 19.) Indeed, that saying so often repeated in the book of Judges, “In those days there was no king in Israel, but every man did that which was right in his own eyes,” shows that there was no Sanhedrin either. If any council of the kind, armed with such despotic power, had existed, the children of Israel could not have done that which was right in their own eyes. Whether, then, we look at the Bible or at the rabbinic account, we have a period of more than two hundred years, during which there is no evidence at all either for the existence of the Sanhedrin or of the oral law. The chain of testimony, therefore, offered by the rabbies, is not complete; and is, moreover, unworthy of credit, as it contains a gross falsehood concerning the age to which Joshua’s elders lived. A little more examination will show us that it contains more than one falsehood. After telling us that David received the oral law from Samuel and his council, it thus proceeds:—

אחיה השילוני מיוצאי מצרים היה ולוי היה ושמע ממשה והיה קטן בימי משה והוא קבל מדוד ובית דינו , ואליהו קבל מאחיה השילוני ובית דינו ׃

“Ahijah the Shilonite was one of those who came out of Egypt, and a Levite, and he heard the oral law from Moses: but he was little in the days of Moses, and received the oral law from David and his council. And Elijah received from Ahijah the Shilonite and his council.” Now, in the first place, this statement is very absurd. To suppose that one, who had heard the law from Moses, should at last receive it from David, is contrary to probability: but to assert that Ahijah was a little boy in the time of Moses, and that he lived until the reign of Solomon, that is, above five hundred years, is manifestly a falsehood, and, whether wilful or not, completely destroys the credibility of this attempt at a succession of witnesses. If involuntary, and the result of error, it shows that the rabbies who have transmitted this story were so weak in intellect as to swallow any improbability; and that as they transmitted one lie, they may have transmitted more. But if voluntary, no one will argue that the testimony of wilful liars is worth much. This last attempt, therefore, to prop up the authority of the oral law is vain.

But this rabbinic chain of testimony goes on to tell us that, amongst others, the oral law passed through Jeremiah the prophet:—

וירמיהו קבל מצפניה ובית דינו , וברוך בן נריה קבל מירמיה ובית דינו ׃

“Jeremiah received from Zephaniah and his council, and Baruch the son of Neriah received from Jeremiah and his council.” Now, if this means that Jeremiah was the נשיא, or President of the Sanhedrin, it is plainly false. The whole history of Jeremiah shows us that he was not the powerful head of a despotic and irresistible council, but an unprotected and persecuted man. Had he been president of a tribunal so dreadful, and whose sentence of excommunication was in itself sufficient to protect him, the people and the princes would never have dared to reject his words as they did, much less to make an attempt on his life. But if, on the other hand, it be said that Jeremiah’s council does not mean the Sanhedrin, then we have another chasm in the succession of Sanhedrins, and consequently the proof fails again. But this chain of evidence is not only contrary to fact, and to the inspired writings of the prophets; it is also inconsistent with the oral law itself, for it asserts that two proselytes form a part of the chain of transmission:—

שמעיה ואבטליון גרי הצדק ובית דינם קבלו מיהודה ושמעון ובית דינם , הלל ושמאי ובית דינם קבלו משמעיה ואבטליון ובית דינם ׃

“Shemaiah and Abtalion, proselytes of righteousness, and their council, received from Judah and Simon and their council. Hillel and Shammai and their council received from Shemaiah and Abtalion and their council.” Now, according to the oral law, it is unlawful for proselytes to be members of any council or tribunal. Respecting the Supreme Council, it is expressly said:—

אין מעמידין בסנהדרין אלא כהנים לויים וישראלים המיוחסים הראויים להשיא לכהונה , שנאמר והתיצבו שם עמך בדומין לך בחכמה וביראה וביחס ׃

“None are to be made members of the Sanhedrin except priests and Levites, and Israelites of so good a genealogy as to be fit to intermarry with the priests; for it is said, ‘And they shall stand there with thee,’ (Numb. xi. 16,) _i.e._ like unto thee in wisdom, in piety, and in genealogy.” (Hilchoth Sanhedrin, c. ii. 1.) And even of an inferior tribunal it is said:—

בית דין של שלשה שהיה אחד מהם גר הרי זה פסול ׃

“A tribunal of three, one of whom is a proselyte, is unlawful.” (Ibid. 9.) If then, it was unlawful for a proselyte to be a member of the Sanhedrin, or any other tribunal, how is it that we find two at the head of one of those councils through which the oral law was transmitted? If the decisions of the oral law be valid, that council was illegitimate, and therefore totally incompetent to the transmission of tradition, and then we have a break in the chain of testimony even at that end which is nearest to the rabbies. But if that council be considered competent, then the oral law which condemns it cannot contain the true tradition. But in either case, the genuineness of the law is overthrown.

The sum of what we have said is this:—That even if we were to give up our other arguments against the authority of the Sanhedrin and the oral law, and were willing to rest this question on the testimony of the rabbies themselves, the defectiveness, inconsistency, and falsehood manifested in that testimony, would be sufficient to throw discredit on all their claims. They have not only no proof from Scripture, but are not able themselves to find in tradition an unbroken chain of testimony. They fail at the very outset. After producing two links, they leave a chasm of above two hundred years unaccounted for. When they take it up again, they are convicted of gross falsehood in asserting that men lived, after the deluge, to the age of five hundred years: and are not able even to make out a story that will agree with the oral law itself. The most favourable ground, then, that can be taken for the defence of the oral law proves untenable. But if to this we add the arguments contained in the former papers, and remember that the Sanhedrin is in direct opposition to the law of Moses, is never mentioned in any of the sacred books, nor heard of until the Greek language was spoken in the land of Israel, every support is taken from the oral law, and it sinks down to the level of a mere imposture, of which the Jewish people have been the dupes and the victims. How long they will remain so, it is for themselves to consider. The times of blind faith, such as modern Judaism requires, are gone by; the Jews can therefore no longer remain the blind followers of the superstitious and ambitious rabbies. Either they must honestly confess that they and their fathers have been deceived for the last eighteen hundred years, and earnestly set about seeking that truth which they lost; or they most be content to be regarded either as interested upholders of error, or reckless despisers of truth. No one, who at all knows the nation, will ever believe that they are so weak in understanding as to be unable, under present circumstances, to detect the clumsy pretensions of the oral law. Some Jews may, indeed, still obstinately refuse to investigate the evidences of their paternal religion, and persist in professing Judaism simply because their fathers did so before them: but such persons must be content to acknowledge that their faith is not that of a rational being, or that their religion will not stand the test of reason. All who will take the trouble to investigate, must, if they be honest men, make up their minds to renounce the religion of the rabbies. There is not any one argument, either of internal or external evidence, in its behalf, on which a man of ordinary understanding can rest for a moment. The only shadow of a basis on which to support the oral law is the doctrine of the Sanhedrin, but this, as we have seen, disappears so soon as we approach the illusion. Instead of giving authority to the other parts of the oral law, the doctrine of a Sanhedrin appears one of the most objectionable of its many errors, for it bears upon its front the stamp of selfishness and ambition. It was an invention of men, who aimed not only at a spiritual dominion, but also at a secular despotism. The Sanhedrin was merely the engine whereby the rabbies hoped to get all the power, both of Church and State, into their own hands, and thereby distinguishes the rabbinical religion in the most striking manner from that of Jesus of Nazareth. Christianity contains no apparatus for securing to its teachers the dominion of the world; and therefore the professing followers of Christ, when they aimed at worldly power, were first obliged to invent an oral law of their own. Jesus of Nazareth seeks nothing but the dominion of truth. “When he perceived that they would come and take him by force, to make him a king, he departed again into a mountain himself alone.” (John vi. 15.) His doctrine was, “My kingdom is not of this world.” And in like manner he taught his disciples not to seek after worldly power. “Ye know that they which are accounted to rule over the Gentiles exercise lordship over them; and their great ones exercise authority upon them. But so shall it not be among you: but whosoever will be great among you, shall be your minister: and whosoever will be chiefest, shall be servant of all. For even the Son of man came not to be ministered unto, but to minister, and to give his life a ransom for many.” (Mark x. 42-45.) Jesus and his apostles are perfectly free man the suspicion of making religion subservient to the promotion of ambitious schemes. The teachers of the oral law had, and even now have a temptation to uphold its doctrines, because they make them the absolute rulers of the Jewish people, and this tendency is a strong ground of suspicion. When God sent Moses, he preserved him from all similar imputation, for though he possessed the supreme power during his life, his claims were attested by miracles which could not be denied: and at his decease his children were chief neither in Church nor State. The priesthood remained in the family of Aaron, and the chief magistracy fell to the lot of Joshua. Thus disinterestedness distinguished the characters of Moses and Jesus from those of the rabbies. The doctrine of the Sanhedrin reveals but too plainly the motives by which the authors of the oral law were actuated. Of course we do not mean to ascribe the same motives to all the advocates of the oral law in the present day. Those motives are necessarily confined to those times when Judaism can be realized, and cannot, therefore, be called forth until there is a prospect of restoring the rabbinic polity. Our object is not to condemn the modern Jews, but to open their eyes to a true view of that system by which they have been so long deluded. And if they should ask us, Where, then, is the truth to be found? we reply, in Moses and the prophets. For though we are Christians, we firmly believe that true faith in the Old Testament must terminate in Christianity. The only real obstacle in the way of a Jew’s receiving Jesus as the Messiah, is the prejudice, that his fathers, who rejected him, must have been in the right; and this obstacle we are endeavouring to remove. We have already made it appear that they were in the wrong; and our late papers have removed the strongest objection that they urge, namely, that the sentence of the Sanhedrin was decisive against his claims. We have shown that the Sanhedrin was altogether an unlawful tribunal, not established by Moses, but, as its name intimates, by the Greeks, and modelled by artful and ambitious men for their own purposes: and as the tribunal was unlawful, so was the sentence. Indeed the fact that the Lord Jesus Christ was condemned by an unlawful tribunal is a testimony in his favour. It shows that he disapproved of and opposed their unlawful doings. Jesus was not condemned by the friends of Moses, but by his enemies. The religion of Christ was persecuted, not by those who conscientiously kept Moses’ commands, but by those who had first defaced every feature of Mosaism. The men who condemned the Lord Jesus were the tyrannical usurpers of an authority which Moses had given to others; and if Moses himself had appeared amongst them, and asserted the rights of the priests and Levites against the rabbies, they would just as readily have crucified him as the Lord Jesus Christ. The Jews, therefore, of the present day, who approve the condemnation of Jesus, unite with the enemies of Moses; but those who are lovers of the Mosaic law must approve the efforts of Jesus to deliver it from the corruptions or wicked and ambitious men. An unlawful tribunal condemned him for doing what every true Jew must acknowledge to be right. Whether, then, they acknowledge him as the Messiah, or not, they must confess that he died a martyr to his zeal for the law of Moses, and are, therefore, bound to re-consider his claims. Jesus was put to death, not because he violated the Mosaic precepts, but because he reproved others for their transgressions—not because he endeavoured to overturn the religion of Moses, but because he resolutely defended its truth against those who were introducing a new religion upon its ruins.

No. XLVI.
CONTEMPT FOR THE FEMALE CHARACTER.

Modern Judaism, or the religion of the oral law, cannot bear the slightest investigation. Its existence depends altogether upon a blind faith. As long as a man is willing to deliver up his understanding into the hands of the rabbies, and at their bidding believe that his right hand is his left, as they require; so long he may be a zealous professor of Judaism. But, the moment that he begins to think and to reason, and to compare his traditional faith with the doctrines of Moses and the prophets, he must begin to doubt, and if he really has a love for the law of God, he must ultimately renounce that superstition which caused the destruction of the temple and all the subsequent calamities of his people, and still enslaves the greatest portion of his nation. It matters not at which point he views it—its theoretic principles and its practical effects equally condemn it, and prove that it is so far from being a revelation from God, that it is not even the work of good or wise men. The doctrine of the Sanhedrin, which we lately considered, exhibits it as a spiritual despotism the most intolerable; but the utter contempt with which it looks down upon the female portion of mankind makes it to this hour a positive curse to the daughters of Israel, and proves that it does not proceed from Him who created male and female, and pronounced a blessing upon the one as well as the other. One of the prominent characteristics in every false religion is the degradation of womankind. The Mahometan imposture debases women to the level of the brute creation. Judaism places them in the same category with slaves. In Mahometan countries, women are deprived of all culture of head and heart. Rabbinism, as we saw in No. 3, pronounces that fathers are exempt from all obligation to teach their daughters the law of the lord: but we must proceed to consider fully _the estimate which Rabbinism teaches the Jews to form of their daughters, their sisters, their mothers, and even the wife of their bosom_: and in doing this we shall not go to the opinions of the ignorant, the vicious, or the superstitious, but to the standard books of the nation. It is not possible to produce in English much of the slanderous assertions contained in the Talmud; many are too bad for translation, but still enough can be brought forward to prove satisfactorily that the rabbies look upon womankind with contempt. It is generally agreed that Rambam, or Maimonides, was one of the most learned and enlightened of the rabbies, and yet the contempt which he felt for the female head and heart appears very plainly in the following passage:—

אל יאמר אדם הריני עושה מצוות התורה ועוסק בחכמתה כדי שאקבל כל הברכות הכתובות בה או כדי שאזכה לחיי העולם הבא , ואפרוש םן העבירות שהזהירה תורה מהן כדי שאנצל מן הקללות הכתובות בתורה או כדי שלא אכרת מחיי העולם הבא , אין ראוי לעבוד השם על הדרך הזה , שעובד על דרך זה הוא עובד מיראה ואיננה מעלת הנביאים ולא מעלת החכמים , ואין עובדין ה׳ על דרך זה אלא עמי הארץ והנשים והקטנים שמחנכין אותן לעבוד מיראה עד שתרבה דעתן ויעבדו מאהבה ׃

“Let not any man say, Behold I perform the commandments of the law, and study in its wisdom, in order to obtain the blessings written therein, or to be worthy of the life of the world to come: and I abstain from the transgressions against which it warns, in order to be delivered from the curses written in the law, or that I may not be cut off from eternal life. It is not right to serve God in this way, for he that serves thus, serves from fear, and that is not the degree to which the prophets and wise men attained. No one serves God in this way, except unlearned men (Amharatzin), women, and children, whom they accustom to serve from fear, until their understanding increases, so that they may serve from love.” (Hilchoth T’shuvah, c. x. 1.) Here Maimonides sinks women down to the level of children, and even classes their moral and intellectual faculties with those of the despised _Amharatzin_. We saw in No. 1 that an _amhaaretz_ is of so little value, that his life is not considered more precious than that of a fish, and such it appears was Rambam’s estimate of the value of a woman. This most learned rabbi considered it impossible for a woman to love God or to serve him aright; and when he wished to warn the Jews against serving God in an erroneous manner, he actually tells them not to serve Him as the women do. A more debasing imputation cannot be cast upon a human being than this, that he is physically incapable of loving God or serving Him aright. If he had asserted that since the fall of Adam, the whole human race is far gone from original righteousness, and that therefore the love of God is not in them, he would have said what is asserted in Scripture: but the opinion that women, that is, one half of the human species, have a physical incapacity to love and serve God; and that we are to regard them as a sort of finger-post for pointing out error, or a notorious example of that irreligion which we are to avoid, is to blaspheme the Creator, and to hold up the whole female sex to the universal scorn of their sons, their brothers, and their husbands. It may be said, in palliation of so foul a libel, that Rambam lived amongst Mahometans, and that he insensibly imbibed the opinions of the followers of the false prophet. Now it is most true that he could never have learned this sentiment from Christians. The New Testament does not teach us to look upon women as Amharatzin, but to regard them as rational and responsible beings, capable of doing God the same acceptable service as men, liable to the same awful judgment, and partakers of the same blessed hope. This apology, if true, would only serve to excuse Rambam: it would not defend the sentiment itself, but on the contrary, stamp it as Mahometan. It is not true, however, that Rambam imbibed this notion from intercourse with Mahometans: he learned it in the oral law, which has such a low opinion of women as to pronounce their testimony invalid.

עשרה מיני פסלות הם , כל מי שנמצא בו אחד מהן הרי הוא פסול לעדות , ואלו הן הנשים , והעבדים , והקטנים , והשוטים , והחרשים , והסומים , והרשעים , והבזויין , והקרותים והנוגעין בעדותן , הרי אלו עשרה ׃

“There are ten sorts of disqualification, and every one in whom any one of them is found, he is disqualified from giving evidence; and these are they—women, slaves, children, idiots, deaf persons, the blind, the wicked, the despised, relations, and those interested in their testimony—behold these are ten.” (Hilchoth Eduth., c. ix. 1.) Now, it will be observed that these ten classes may be reduced to two—those who are disqualified by physical or intellectual infirmity, as children, idiots, deaf and blind persons; and secondly, those whose moral integrity is exposed to suspicion, as slaves, wicked and despised persons, relations, and those who have an interest in the cause. To one of these two classes women must belong: they are disqualified either because of incapacity, or because their moral feeling may not be trusted, and in either case are treated with a most unmerited contempt. It is true, that the rabbies endeavour to prove that the law of Moses excludes women from giving testimony, saying—

נשים פסולות לעדות מן התורה שנאמר על פי שנים עדים לשון זכר ולא לשון נקבה ׃

“Women are disqualified by the law from giving testimony, for it is said, ‘At the mouth of two witnesses,’ where the word witness is of the masculine, not the feminine gender;” but this proof is altogether inconclusive; on the same principle it might be proved that women might break all the ten commandments, for they are all given in the masculine gender. Indeed it is self-evident that God could not have given a law so absurd. There are thousands of cases, where, if women could not give evidence, all the ends of justice would be defeated. Take, for instance, the famous judgment of Solomon, where the two women laid claim each to the living child. In this case there could be no testimony but that of the women themselves, and Solomon did not send them away because they were women. Take also the case of Boaz and Ruth. When Boaz wished to marry Ruth, it was necessary first to redeem the inheritance, and for this it was absolutely necessary to prove that Ruth was the wife of Naomi’s son. But there was no testimony but that of the women themselves. Elimelech, Chilion, and Mahlon, were all dead, and the marriage had taken place in a foreign land, yet we do not read of any difficulties being raised. Boaz himself, Naomi’s kinsman, and the elders of Israel, appear all to have been perfectly satisfied. The disqualification of women, therefore, was not ordained by Moses, but is the invention of the rabbies, and shows that the rabbies had so low an opinion of the intellect or the integrity of women, as to think either that women are so half-witted as not to be fit to give testimony, or so dishonest as not to be trusted in the testimony which they may give.

But this degradation of the female character is not confined to the rabbinic courts of law. They have dared to carry it even into the house of God, and to make it prominent in the public worship of the Creator. The oral law has ordained that no public worship, nor indeed many religious solemnities, can be performed, unless there be ten persons present, but from this number it has carefully excluded the women, determining that—

ואלו העשרה צריך שיהיו כולם בני חורין וגדולים שהביאו ב׳ שערות ׃

“It is necessary that all these ten be free and adult men.” (Orach Chaiim, 55.) So that if there should be ten thousand women in the synagogue, they are counted as nobody, and unless there be ten men there can be no service. Hence it is that the daughters of Israel are never suffered to appear as participators in the worship of God, but are compelled to look on from a distance, as if they had neither part nor lot in the matter. Now what reason is there why women should not be regarded as worshippers? Are they not rational beings? are they not creatures of God? are they not heirs of immortality just as well as the men? Will they not join in the praises of the redeemed in Paradise; or is the Mahometan doctrine true, that women have no souls? Certainly, when one looks at the Jewish synagogue, one would think so. Before marriage the women never go there at all, and after marriage how seldom. On the Barbary coast they hardly ever go, and in Poland how common is it, whilst the men are in the synagogue at prayer, to see their wives outside loitering and chatting, as if the public worship of God was no concern of theirs. Even in this country the attendance of females is not at all equal to that of the men. How contrary is this state of things to the command of God in the Psalms, “Both young men and maidens; old men and children; let them praise the name of the Lord.” (Psalm cxlviii. 12, 13.) And again, “Let every thing that hath breath praise the Lord.” (Psalm cl. 6.) How different is the condition of the Jewish females under the oral law, from that described by Moses:—“When Miriam, the prophetess, the sister of Aaron, took a timbrel in her hand; and all the women went out after her, with timbrels and with dances. And Miriam answered them, Sing ye to the Lord, for he hath triumphed gloriously.” (Exod. xi. 21.) Then the women were permitted to unite in the noblest work that can engage the soul of human beings, the praises of our God. But now they are shut out, according to the ordinance of the rabbies—they are not reckoned amongst God’s worshippers, and if ten thousand of them should go to the synagogue, unless there should also be a sufficient number of men, a disciple of the rabbies would count them as nobody, and not think it worth his while to read prayers for them. A law like this cannot possibly proceed from God, He makes no such difference between male and female.

לא בגבותת הסוס יחפץ לא בשוקי האיש ירצה ׃

“He delighteth not in the strength of the horse; he taketh not pleasure in the legs of a man.” (Ps. cxlvii. 10.) “The sacrifices of God are a broken spirit; a broken and contrite heart, O God, thou wilt not despise” (Ps. li. 17); no matter whether it be male or female.

But the oral law is not content with degrading women by refusing to number them as a part of the congregation, it actually prescribes a form of daily prayer expressive of their contempt. Every day the men say—

ברוך אתה ה׳ אלהינו מלך העולם שלא עשני אשה ׃

“Blessed art thou, O Lord, our God! king of the universe, who hath not made me a woman.” Whilst the women are directed to say—

ברוך אתה ה׳ אלהינו מלך העולם שעשני כרצונו ׃

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The old paths, or the Talmud tested by ScriptureChapter XIX: Front Matter (19)

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