Chapter VI: Front Matter (6)

“There is also an allegorical interpretation referring it to the covenant of circumcision, which Israel has faithfully adhered to in the captivity.” (Kimchi, in loc.) But this exposition is as unfounded as the former. Circumcision is never called a sacrifice in Scripture. Neither will it serve a man in the day of judgment. What then is the sacrifice which is here intended? We answer, the true Passover, the blood of the Messiah, whereby the new covenant is ratified. Some object that the shedding of blood is altogether unnecessary—that if God will forgive at all, he can forgive without atonement or sacrifice. But this objection will equally affect the sacrifice of the first Passover. On the very same grounds, we may say, What necessity was there for killing a lamb, and sprinkling its blood upon the door-posts? The directions given by Moses are very striking—“Kill the passover. And ye shall take a bunch of hyssop, and dip it in the blood that is in the bason, and strike the lintel and the two side posts with the blood that is in the bason; and none of you shall go out at the door of his house until the morning. For the Lord will pass through to smite the Egyptians; and when he seeth the blood upon the lintel, and on the two side posts, the Lord will pass over the door, and will not suffer the destroyer to come in unto your houses to smite you.” (Exod. xii. 21-23.) Surely the blood was not necessary to make known to him which house belonged to an Israelite. He could have saved them as well without the blood as with it. Why then destroy the life of a lamb, and give them all this trouble? Suppose that an Israelite had thus argued at that time, had refused to kill the passover, or having killed it, had neglected to sprinkle the blood, or having done both, was not content to abide in his house, but had gone forth before the morning, what would have been the consequence? Certain punishment. God was indeed determined to save Israel, but only in a certain way: and he that did not choose to submit to God’s method, would naturally lose the benefit of his appointment. Our business is not to argue with God, but having ascertained His will, to submit to it. Inquire, then, what God means by “his saints who have made a covenant with Him by sacrifice;” and endeavour to enter into that covenant, that when He appears to judgment, ye may be gathered unto Him. If the Christian view be not the true one, then since the destruction of the temple there has been no sacrifice, and no way of entering into that covenant with Him. You observe the season—you abstain from leaven—but there is no sacrifice. The main, yea the essential, element of the Passover is wanting. The lamb cannot be slain. And even if it could be, if you had again a temple and a high-priest, and all the service of a sanctuary, still the sacrifice of the Passover would only be a memorial of mercies long since gone by. It would be no real atonement for your sins, and when you had slain it, and eaten of it, the question would still remain, How am I, a sinner, to appear in the presence of the righteous Judge?

The first part of this paper will have shown you, that we are firm believers in the future glory and blessedness of Israel; that we do not, therefore, in offering you our hope for eternity, wish to deprive you of your own hopes for time. No, we wish you every blessing which God has promised by the mouth of Moses and the prophets, and can affectionately join in the words—

לשנה הבאה בירושלִם ׃

If it should please God to spare us all to see the re-union of all the families of the earth, we should rejoice to unite with others in acknowledging “that ye are the seed whom the Lord has blessed.” But we should rejoice a thousandfold more to meet you in the heavenly Jerusalem, and to mingle our voices with yours in singing,

“Worthy is the Lamb that was slain to receive power, and riches, and wisdom, and strength, and honour, and glory, and blessing.” Amen.

No. XIII.
SEVERITY OF THE RABBINIC ORDINANCES.

The feast of the Passover, ordained as a memorial of past mercies, has at the same time served to remind us of another deliverance necessary both for Jew and Gentile, and also of a happy time when “there shall be one fold and one shepherd”—“One LORD and His name One.” But the blessed anticipations of the future cannot, and ought not, withdraw our thoughts from the reality of the present. That happy time is not yet come. Jews and Christians are not yet agreed as to the articles of faith; and this feast of the Passover especially directs our attention to the cause and origin of the difference. At this solemn season of the year, Jesus of Nazareth was condemned by the Scribes and Pharisees, and by them delivered to the Roman power to be executed as a malefactor. One portion of the Jewish nation, and that the majority, concurred in the judgment of the rulers. Another portion, at first small, but ultimately considerable in number and station, arraigned the justice of the sentence, and professed their faith in His Messiahship. The question between Jews and Christians at present is, which of these two portions of the Jewish nation was in the right. In these papers we have taken up this simple position, that the religious system of those who rejected Jesus of Nazareth is contrary to the law and the prophets, and is therefore false; whilst the doctrines of Him, that was rejected, are in conformity with those writings, and must therefore be true. When we say that the rabbinical system is false, we do not mean that the Pharisees held no truth. On the contrary, we showed in our last number that some of their expectations were agreeable to the Word of God, and therefore true. All we intend is, that the peculiarities of Rabbinism of which the system is composed are erroneous. The laws relating to the present festival furnish us with abundant proof of our assertion. The Divine commands relating to it exhibit the care, consideration, and condescension of God in providing an opportunity of instruction, a time of relaxation, and a season of joy for the poor as well as the rich. The rabbinical laws, on the other hand, are burdensome, oppressive, and hurtful, especially to the poor and unlearned.

We take our first proof from one of the laws relating to the ארבע כוסות “the four cups”—God has given a simple command to Israel to make known to their children the reasons for the feast. והגדת לבנך וגו׳ “And thou shalt declare unto thy son in that day, saying, This is done because of that which the Lord did unto me, when I came forth out of Egypt.” (Exod. xiii. 8.) In order to fulfil this command, a sort of liturgy has been composed, much of which is solemn and beautiful: and a ceremonial appointed, of which one ordinance is, that there should be four cups or glasses of wine.

וכל אחד ואחד בין אנשים בין נשים חייב לשתות בלילה הזה ארבע כוסות אל יין ואין פוחתין לו מהן ׃

“All persons, whether men or women, are obligated on this night to drink four cups (or glasses) of wine, and this number is not to be diminished.” (Hilchoth Chometz, c. vii.) As to the ceremony of the four cups, the circumstances connected with them evidently show that they are not for the purpose of revelry, but part of a solemn religious observance.

כל כוס וכוס מארבע כוסות הללו מברך עליו ברכה בפני עצמה . כוס ראשון אומר עליו קידוש היום . כוס שני קורא עליו את ההגדה . כוס שלישי מברך עליו ברכת המזון . כוס רביעי גומר עליו את ההלל ומברך עליו ברכת השיר ׃

“Over each of these four cups a benediction is to be pronounced. Over the first cup is said the consecration of the day. Over the second cup the Haggadah is read. Over the third cup the benediction for food is pronounced. And over the fourth the Hallel is completed, and the benediction for the song pronounced.” (Ibid.) With a solemn religious ordinance it is not for us to find fault. On the contrary, in these and their other prayers, we earnestly wish the Jews the blessing of God, and the spirit of grace and supplication. But when we find this human institution imposed as a burden upon the conscience, and the observance of it exacted from those who have not the means of gaining their daily bread, we must protest against it as harsh and oppressive. Now in the oral law this requirement is made.

מי שאין לו יין עבר אדרבנן דאמרי ולא יפחתו לו מארבע כוסות , וצריך למכור מה איא לו לקיים מצות חכמים ולא יסמוך על הפת שאם קיים כוס אחד לא קיים השלשה לכן ימכור מה שיש לו ולהוציא הוצאות עד שימצא יין או צמוקים ׃

“Whosoever has not got wine transgresses a command of the Rabbies, for they have said, that there is to be no diminution from the four cups. And it is necessary to sell what he has in order to keep the command of the wise men. He is not to depend upon the bread, for if he fulfil the command concerning one cup, he has not fulfilled that respecting the three. Therefore let him sell what he has, and furnish the expense, until he procure wine or raisins.” (Arbah Tur. Orach Chaiim, 483.) It may be replied, that the congregation furnishes those who have not the means. But what is to become of those who have displeased the dispensers of the congregation’s bounty, or what is a Jew to do, who is living alone in the midst of Gentiles, as is frequently the case, particularly in this country? If he be a conscientious Rabbinist he must either grieve his conscience by transgression, or sell what he may not be well able to spare. The same may also be said of the unleavened cakes. The Rabbies have given so many directions about the lawful mode of preparing them, as to make it almost impossible for a Jew, living at a distance from a congregation, to keep the command, and to keep the poor in a state of perpetual bondage to the synagogue, if they wish to be supplied by the bounty of the congregation.

But if this utter want of consideration for the poor is more strikingly displayed in the institution and exaction of a second holy day, where God has required the observance of only one, as the Rabbies themselves acknowledge in the following passage:—

ששת ימים האלה שאסרן הכתוב בעשיית מלאכה שהן ראשון ושביעי של פסח וראשון וח׳ של חג הסוכות וביום חג השבועות ובאחד לחודש השביעי הן הנקראים ימים טובים . ושביתת כולן שוה שהן אסורין בכל מלאכת עבודה חוץ ממלאכה שהיא לצורך אכילה שנאמר אך אשר יאכל לכל נפש וכו׳ ׃

“These are the six days on which the Scripture has forbidden the doing of work. The first and seventh day of Passover: the first and eighth day of the Feast of Tabernacles: the day of the Feast of Weeks, and the first day of the seventh month; and these days are called holy days. The sabbatism of all is alike; it is unlawful on them to do any manner of work, excepting that which is necessary for the preparation of food, as it is said, ‘Save that which every man must eat.’ (Exod. xii. 16.)” (Hilchoth Jom. Tov., c. i. 1.) Here is an express recognition of what God has commanded. And yet the Scribes were not content with this ordinance of God, but have appointed the observance of a second day on all these occasions, and have annexed the sentence of excommunication to any transgression of their command.

ואנו שעושים שני ימים טובים כל מה שאסור בראשון אסור גם בשני , ומנדין עליו למי שמזלזל בו , ואם הוא צורבא מרבנן אין מחמיריו לנדותו אלא מלקין אותו ׃

“To us, who observe two days, every thing that is forbidden on the first day, is also forbidden on the second day; and whosoever makes light of it, is to be excommunicated. But if he be an acute Talmudist the excommunication is not to be severe, only he is to be beaten.” (Orach Chaiim, 496.) In the Yad Hachasakah we find the same severity, and the same exception.

יום טוב שני אף על פי שהוא מדברי סופרים כל דבר שאסור בראשון אסור בשני . וכל המחלל יום טוב שני ואפילו של ראש השנה בין בדבר שהוא משום שבות ובין במלאכה בין שיצא חוץ לתחום מכין אותו מכת מרדות או מנדין אותו אם לא יהיה מן התלמידים ׃

“Although the second holy day is only of the words of the Scribes, every thing that is forbidden on the first day, is forbidden on it also. And every one who professes the second holy day, even that of the new year, whether it be in a matter relating to the sabbatism, or by work, or by going beyond the Sabbath limit, is to receive the beating denounced against rebellion, or to be excommunicated, unless he be a learned man.” (Hilchoth Jom. Tov., c. i. 24.) The hardship, oppression, and severity of this ordinance are apparent at first sight, and are severely felt by many a poor Jew in this city, who hardly knows how to get bread for himself and his children. In every case it robs him in one week of two days, on which God has allowed him to work, and to endeavour to gain a livelihood. But if the first day of a festival happen on a Thursday, then that day, Friday, and Saturday, he dare not do anything to earn the means of subsistence for his family. Sunday is the Christian Sabbath, so that in one week four successive days are lost, and in the following week four more. What, then, is the poor man to do? If he does not work, his children may starve; if he makes use of the time allowed him by his merciful God, and pursues his daily occupations, he transgresses a command of unmerciful men, and renders himself obnoxious to his more bigoted brethren. True that they cannot now beat him with the stripes awarded to the rebellious, and that they would hardly dare, in the present state of things, to excommunicate him; yet there are other ways and means of persecution more secret, but equally sure. But whatever be the present circumstances, the cruel and oppressive spirit of the oral law remains the same. If the Rabbinists had the power, they would soon proceed to excommunicate and flog all the profaners of the second holy day. We appeal, then, to the common sense of every Jew, and ask him, What right have men to rob the poor of that time which God hath given them? or to sentence a man who only goes to get bread for his children, and in so doing transgresses none of God’s commandments, to excommunication or flogging, especially to that severe species of flogging here specified?

The flogging here spoken of is called מכת מרדות, “the flogging of rebellion,” and is altogether different from that merciful punishment prescribed in the law. God says, “And it shall be, if the wicked man be worthy to be beaten, that the judge shall cause him to lie down, and to be beaten before his face, according to his fault by a certain number. Forty stripes he may give him, and not exceed; lest, if he should exceed, and beat him above these with many stripes, then thy brother should seem vile to thee.” (Deut. xxv. 2, 3.) Here, as everywhere else, in the midst of judgment, God remembers mercy. The Rabbies, never satisfied unless they can add to, or diminish from, God’s commandments, have reduced the number to thirty-nine, lest they should make any mistake. But to compensate for this diminution, they have invented “the flogging of rebellion,” which is without number and without mercy, as may be seen from the following explanation of the Baal Aruch:—

מי שעובר על מצות עשה שאמר לו עשה סוכה עשּה לולב ואינו עושה מכין אותו עד שתצא נשמתו בלא אומד ובלא מכה משולשה וכן מי שעובר על דברי חכמים מכין אותו בלא מספר ובלא מנין ובלא אומד ולמה קורון אותו מכת מרדות שמרד בדברי תורה ובדברי סופרים ׃

“Whosoever transgresses an affirmative commandment, for instance, he was commanded to make a tabernacle, or a lulav, and did not, he is to be beaten until his soul go out, without any consideration of his strength, and without dividing the flogging into three. And, in like manner, whosoever transgresses the words of the wise men, he is to be beaten without number, and without consideration. Why is this called the flogging of rebellion? Because he has rebelled against the words of the law and against the words of the Scribes.” (Baal Aruch, in voc.) This, then, is the punishment denounced against those who try to get bread for their children on the second holy day; a punishment invented by the Rabbies themselves, not against the immoral or the irreligious, but against the transgressors of their own commandments. What could have been the spirit, the temper, the religious feeling of such men? Had they any perception of the merciful character of the law, or any resemblance to the compassionate nature of the God of Israel? Can you put any confidence in the religious instruction of those who would excommunicate or flog a fellow-creature to death because he obeyed the instincts of nature, because he could not stay at home and listen to the cries of his famishing children, but went forth, to procure them food in the manner, and on the day which God had permitted him to do so? These are the men who condemned Jesus of Nazareth to death, and this is the religion of the oral law, which you prefer to the mild and merciful doctrines of Christianity. If Rabbinism had continued in its power, you would have been exposed to all the severity of this intolerance. The triumph of Christianity has, in this respect, also been a blessing to the Jewish nation, and the power of the followers of Jesus of Nazareth protects you from excommunication and corporal chastisement.

The cruelty and hardship of the imposition of a second holy day, with such a punishment annexed appears not only from the circumstance of its being altogether a human institution, but further, that the original object of its institution has long since ceased. The Scribes appointed the observance of two days at a time, when the feast-days were fixed by the appearance of the moon, lest those at a distance from Jerusalem should keep a wrong day, but now that they are fixed by calculation, this is altogether unnecessary.

בזמן הזה שאין שם סנהדרים ובית דין של ארץ ישראל קובעין על חשבון זה היה מן הדין שיהיו בכל המקומות עושין יום טוב אחד בלבד אפילו המקומות הרחוקות שבחוץ לארץ כמו בני ארץ ישראל שהכל על חשבון אחד סומכין וקובעין אבל תקנת חכמים הוא שיזהרו במנהג אבותיהם שבידם ׃

“In the present time, when there is no Sanhedrin, nor house of judgment in the land of Israel, the feasts are fixed by calculation, and therefore all places, even those that are remote from the land of Israel, ought properly to observe only one day as a holy day, as well as the inhabitants of that country, for all depend on and fix the feast by one and the same calculation; but it is an ordinance of the wise men to adhere diligently to the custom of their forefathers.” (Hilchoth Kiddush Hachodesh, c. v. 5.) There is, therefore, no excuse for this burden imposed upon the poor, and much less for the cruel punishments, denounced against those who cease to observe what is confessedly an useless custom. How different is the doctrine of Christianity with respect to such days. No excommunication, no flogging, no imposing of burdens upon the consciences of our brethren. The New Testament condemns even all rash judgment in such matters. It says, “Who art thou, that judgeth another man’s servant? To his own master he standeth or falleth. Yea he shall be holden up, for God is able to make him stand. One man esteemeth one day above another; another esteemeth every day alike. Let every man be fully persuaded in his own mind. He that regardeth the day, regardeth it to the Lord; and he that regardeth not the day, to the Lord he doth not regard it. He that eateth, eateth to the Lord, for he giveth God thanks; and he that eateth not, to the Lord he eateth not, and giveth God thanks. For none of us liveth to himself, and no man dieth to himself. For whether we live, we live onto the Lord, and whether we die, we die unto the Lord; whether we live, therefore, or die, we are the Lord’s.” (Rom. xiv. 2-8.) Here is the spirit of love and mercy, and therefore the spirit of God. How is it, then, that Jesus and his disciples were able to overcome the prejudices of their times, and to stem the torrent of authority and learning, which was altogether in favour of the opposite opinions? How is it, if they were impostors and deceivers that they have left a tolerant and merciful system, whilst the Scribes and Pharisees, who, according to that supposition, were the true servants of God, have left a religion of oppression and cruelty? “Ye shall know them by their fruits. Do men gather grapes of thorns, or figs of thistles? Even so every good tree bringeth forth good fruit, and every evil tree bringeth forth evil fruit. A good tree cannot bring forth evil fruit, neither can a corrupt tree bring forth good fruit.” (Matt. vii. 16-18.) This is certainly true in nature. Now the Pharisees have brought forth evil fruit, Jesus of Nazareth and his disciples have brought forth good fruit. What is the conclusion from such premises?

But we have hitherto spoken only generally of the Institution of a second holy day, we have yet to consider the details of the commandment, which will show still more clearly that “The Scribes and Pharisees bind heavy burdens, and grievous to be borne, and lay them on other men’s shoulders.” (Matt. xxiii. 4.) They are, as usual, most exact in defining what is and is not work. They say,

כל שאסור בשבת בין משום שהוא דומה למלאכה או מניא לידי מלאכה בין שהוא משום שבות הרי הוא אסור ביום טוב אלא אם כן היה צורך אכילה וכיוצא בה . או דברים שהם מותרים ביום טוב כמו שיתבאר בהלכות אלו . וכל שאסור לטלטלו בשבת אסור לטלטלו ביום טוב אלא לצורך אכילה וכיוצא בה וכל שמותר בשבת מותר ביום טוב ׃

“Every thing that is unlawful on the Sabbath, either because it has the appearance of work, or because it leads to work, or on account of sabbatising, is unlawful on a holy day, unless it be necessary for the preparation of food, and the like, or such things as are allowed on the holy day, as will be explained in these constitutions. And every thing that it is unlawful to move on the Sabbath, is also unlawful to be moved on the holy day, unless it be necessary for food: and every thing that is lawful on the Sabbath is lawful on a holy day.” (Hilchoth Jom. Tov., c. i. 17.) This law effectually ties up the hands of the poor Rabbinist. He not only dare not pursue his trade, but he dare not make any domestic arrangement, that might promote order in his house, or conduce to his comfort. He must not write a letter to his friends, nor even extinguish a fire, though it be to save his property.

אף על פי שהותרה הבערה ביום טוב שלא לצורך אסור לכבות את האש אפילו הובערה לצורך אכילה , אהכבוי מלאכה ואין בו צורך אכילה כלל , וכשם שאין מכבין את האש כך אין מכבין את המר ואם כבה לוקה במי שארג או בנה ... אין מכבין את הדליקה כדי להציל ממון ביום טוב כדרך שאין מכבין בשבת אלא מניחה ויוצא ׃

“Although it has been pronounced lawful to kindle fire on the holy day, even where not absolutely necessary, yet it is unlawful to extinguish fire, even though it had been kindled for the preparation of food; for the extinguishing of fire is work, and is not at all necessary for the dressing of food. And as fire is not to be extinguished, so neither is a candle to be extinguished and whosoever extinguishes is to be flogged, just as he that weaves or builds.... Fire is not to be extinguished, in order to save property on a holy day, no more than on the Sabbath. On the contrary, one lets it burn and goes away.” (Ibid., c. iv. 2, 4.) In the Arbah Turim this law is laid down with still more precision.

אסור לכבות את הדליקה ביום טוב אפילו רואה את ביתו שנשרף . אסור לכבות הבקעת בין אם מכבה מפני שחס עליה שלא תשרף בין אם מכבה שלא תתעשן הקדרה . ודוקא כשאפשר לו להצילה מעישון בלא כבוי כגון שיסירנה מאש זה ויתננה על אש אחר אבל אם אין לו אש אחר ואם לא יכבנה תתעשן הקדרה מותר לכבותה כדי שלא תתעשן הקדרה ׃

“It is unlawful to extinguish fire on a holy day, even though a man should see his house burning. It is unlawful to extinguish split wood, either for the sake of saving it from being burned, or to keep a pot from being smoked, that is to say, if he can keep it from being smoked without extinguishing the fire, as by removing it from one fire to another. But if he has not got another fire, and if the pot must be smoked unless he extinguish it, then the extinguishing is lawful, that the pot may not be smoked.” (Orach Chaiim, 514.) Now we put it to the common sense of every Jew, whether in these laws there be justice, mercy, and religion; or hardship, inconsideration, and absurdity?

No. XIV.
SEVERITY AND ARTIFICE.

The oral law says, as we saw in our last, that, on a holy day, it is unlawful to extinguish a fire in order to save a man’s house and property, but that it is lawful, on the same day, to do the very same thing to keep a pot of cookery from being smoked. This sentence may perhaps appear wise and pious to those who have got more houses than one, or the means of procuring them; but with respect to the poor man, who in such a case loses his all, and must see his family left without a roof over their heads or a bed to lie on, this decision is as cruel as it is senseless. There is, however, a tyranny more dreadful than that which affects only the temporal condition of men. The spiritual despotism, which burdens and fetters the conscience and enslaves the soul, is more intolerable still. Under temporal losses a man’s mind may be supported by a sense of religion; but when his religion, by the multiplicity and rigour, and intricacy of its requirements, becomes his tormentor, man is bereft of his last consolation. The religion of the oral law appears to us to be of this character, and its enactments with regard to the holy days will serve to justify this our opinion. We have seen already, that it requires two days’ cessation from business, where God requires only one, and that the general rule is, Whatsoever is unlawful on the Sabbath, is unlawful on the holy day, with one exception. The Scribes, however, were not content with this, they have contrived to invent something, which, though lawful on the Sabbath, is on these days unlawful. They say, that there is a certain class of things, which, if not deliberately destined the day before for the use of the holy day, are unlawful. To this class they give the name of מוקצה _Muktzeh_, which literally signifies “separated or cut off,” but which, for shortness’ sake and for want of a better word in English, we shall call “_undestined_.”

ויש ביום טוב מה שאין בשבת איסור מוקצה שהמוקצה אסור ביום טוב ומותר בשבת מפני שיום טוב קל משבת אסרו בו המוקצה שמא יבואו לזלזל בו ׃

“There is on the holy day one thing which is not found on the Sabbath, and that is, the forbidding of the _undestined_, for the _undestined is_ unlawful on the holy day, and is lawful on the Sabbath. Because the holy day is less sacred than the Sabbath, they forbade the _undestined_ on that day, lest persons should be led to make light of it.” (Hilchoth Jom. Tov. c. i. 17.)

כיצד תרנגולת העומדת לגדל ביצים ושור הצומד לחרישה ויוני שובך ופירות העומדין לסחורה כל אלו וכיוצא בהן מוקצה הן ואסור לאכול מהן ביום טוב עד שיכין אותה מבערב ויחשוב עליהם לאכילה ׃

“For instance, a hen that is kept for the purpose of hatching eggs, and an ox that is kept for ploughing, pigeons in a pigeon house, and fruits that are kept for sale, all these and the like are _undestined_, and it is unlawful to eat of them on a holy day, unless a man destine them on the eve preceding, and form an intention to eat them.” (Ibid.) By this law a numerous class of things is forbidden, which God has no where forbidden, and fresh chains are forged for the conscience. An unlearned man can hardly tell what does or does not belong to the class, and if he be in doubt must first go to the rabbi, before he can eat or make use of any thing doubtful; for this definition extends not only to eatables, but to other things, as for instance, fuel. Suppose, for example, that a man or a family had eaten nuts or almonds on the eve of the holy day, is it lawful or unlawful to burn the shells on the holy day itself? The Word of God leaves the Jew at perfect liberty to do as he pleases, but the oral law tells him that he may by doing either commit a great sin. If he cannot resolve his scruples in this matter, he must be content to go to the rabbi or some learned man, and submit to his decision, and thus every unlearned and devout Jew is brought into complete captivity to the decisions of the learned. Another very similar law, and tending to the same bondage, is that which makes any thing that is born or comes into existence on the holy day, unlawful.

וכשם שהמוקצה אסור ביום טוב כך הנולד אסור . חול מכין לשבת וחול מכין ליום טוב אבל אין יום טוב מכין לשבת ולא שבת מכינה ליום טוב . לפיכך ביצה שנולדה ביום טוב אחר השבת אסורה ׃

“And as the undestined is unlawful on the holy day, so also what is born is unlawful. On a common day a man may destine things for the Sabbath, and also for the holy day. But on a holy day things may not be destined for the Sabbath, nor on the Sabbath for the holy day, therefore an egg that is laid on the holy day after the Sabbath is unlawful.” (Ibid.) Now not to speak of the minute trifling of this law, there are cases where it may become very oppressive. Suppose that by some means an unlawful egg should get amongst a number of lawful eggs, they would all become unlawful.

ואפילו נתערבה באלף כולן אסורות ׃

“Yea, though it should be mixed up amongst a thousand, they are all unlawful.” It is true that the rabbies endeavour to guard against such on accident, by forbidding the removal of such an egg on the holy day; but a Gentile or a child might, through inadvertently putting such an egg amongst others, produce great inconvenience or even loss, and to this the poor man must submit, or burden his conscience with a wilful transgression. But this law forbidding to eat or move whatsoever comes into existence on the holy day extends beyond the class of eatables. Wood accidentally broken on this day belongs to this class, and it is therefore unlawful to use it as fuel, or to move it. In like manner, ashes of wood that has been burnt on the holy day, is considered as having come into existence, and it is a sin to move it, when once it has cooled. And again, if a fire should go out on the holy day, it is a grave question whether the fuel that remains may be kindled again.

Thus the conscience is burdened with definitions of unlawful, but the directions about things lawful are quite as numerous and perplexing. For instance, it is lawful to make a fire on a holy day, and to put on the pot for cooking, but an unlearned man or woman may commit a sin in the mode of doing it, and, therefore, the Baal Turim says,

כשעושה האש ונותן עליה קדירה צריך ליזהר בסדור העצים ובנתינת הקדירה עליהם שלא יהיה דומה לבנין דאמר רב יהודה מדורתא מלמעלה למטה שרי , ממטה למעלה אסור ׃

“When one makes a fire and puts on a pot, it is necessary to be very careful in the arranging of the wood, and the mode of setting the pot upon it, so that there should be no resemblance to budding, for Rav Judah has said, every pile of wood begun from the top to the bottom is lawful, from the bottom to the top is unlawful.” (Orach Chaiim, 502.) For this reason very minute directions are given for the performance of each of these operations. The fire is to be made in the following manner:—

העושה מדורה ביום טוב כשהוא עורך את העצים אינו מניח זה על זה עד שיסדר המערכה מפני שנראה כבונה . ואף על פי שהוא בנין עראי אסור אלא או שופך העצים בערבוב או עורך בשנוי . כיצד מניח עץ למעלה ומניח אחר תחתיו ואחר תחתיו עד שהוא מגיע לארץ ׃

“He that makes a pile of fire on a holy day, when he is arranging the wood, is not to lay one piece upon another, so as to make an orderly arrangement, for that looks as if he were building; and although it be an accidental building it is unlawful. But either he is to scatter the wood in confusion, or to arrange them with some variation. How so? He is to lay one piece at the top, and another piece under it, and another under that, until it reaches the ground.” (Hilchoth Jom. Tov. c. iv. 14.) In like manner the pot is not to be placed upon stones, or whatever else is to support it, but is to be held up, and the support placed under it; and so with other things. The great principle is, that some difference is to be made between the work done on the holy day and on a common day, and therefore in the carrying of wine, or wood, or other things, they are not to be carried in a basket, nor as usual, but on the shoulder or in some extraordinary way. Now, as the speculations of men who had not much to do, or who chose to devote the powers that God had given them to such minutiæ, these things hardly appear as harmless; but when imposed as a burden upon the consciences of others, they are utterly unjustifiable, and if they were found in the New Testament, they would furnish abundant matter for Jewish wit and ridicule. They would naturally say, what, is this the religion that the Messiah came to teach? Had he nothing better to do than to look after the making of fires, and the putting on of pots? But this is not the religion of Jesus of Nazareth, nor of his apostles. There is nothing similar in the New Testament. This is the religion, and these the laws of those who reject him.

But this system of minute legislation has another and a worse consequence; it leads to difficulty, and the difficulty leads to artifice, and thus the mind, instead of being improved and benefited, is actually corrupted by the practice of this rabbinical religion. Thus the oral law says, that it is unlawful on a holy day to cook food for the following day, especially to a common day, but that if any of the food remain it is lawful. What is the consequence? Naturally that more food is prepared than is necessary for the holy day because they know that this may be eaten the day after. And this is no imaginary deduction of ours, it is a case propounded most fully, and allowed by the rabbies.

ממלאה אשה קדירה בשר אף על פי שאינה צריכה אלא לחתיכה אחת . ממלא נחתום הבית של מים אף על פי שאינו צריך אלא לקיתון אחד . ממלאה אשה תנור פת אף על פי שאינה צריכה אלא לככר אחד שבזמן שהפת מרובה בתנור היא נאפת יפה . ומולח אדם כמה חתיכות בשר בבת אחת אף על פי שאינו צריך אלא לחתיכה אחת וכן כל כיוצא בזה ׃

“A woman may fill a pot with meat, though she wants only one piece. A cook may fill a boiler with water, though he wants only the least quantity. A woman may fill an oven with bread, though she want only one loaf, for when the oven is full, the bread bakes better. A man may salt a great many pieces of meat at once, although he require only one piece; and so with similar things.” (Hilchoth Jom. Tov. c. i. 10.) Now this is plainly an evasion of what is considered a Divine command. In like manner the oral law forbids the preparing of food for Gentiles.

אין אופין ומבשלין ביום טוב כדי להאכיל גוים או כלבים שנאמר הוא לבדו יעדו יעשה לכם לכם ול לגוים לכם ולא לכלבים ׃

“It is unlawful to bake or to cook on a holy day, in order to feed Gentiles or dogs; for it is said, ‘That only may be done for you.’ (Exod xii. 16.) ‘For you,’ and not for Gentiles. ‘For you,’ and not for dogs.” (Ibid.) The principle of this decision may lead to several difficulties: first, a Jew may have Gentiles in his employ and service whom he boards, what is he to do then? This difficulty he may get over in the manner just mentioned, by having more cooked than he wants, then it is lawful for the Gentile to eat of the surplus. But suppose a Gentile and a Jew had a beast in partnership, and either wished to have it slaughtered on the holy day, is it lawful for a Jew to slaughter it? According to the above decision, it would appear not, for it is preparing food to feed a Gentile; but the rabbies have found out a reason for evading the command.

בהמה שחציה של גוי וחציה של ישראל מותר לשחטו ביום טוב שאי אפשר לאכול ממנה כזית בשר בלא שחיטה ׃

“A beast which partly belongs to a Gentile and partly to an Israelite, may lawfully be slaughtered on a holy day, for it is impossible to eat the size of an olive of the meat, if it be not slaughtered by a Jew.” (Ibid.) This, also, is nothing more nor less than an evasion. But now suppose that a Jew finds on a holy day, and after he has eaten his meals, that a beast belonging to him is likely to die, and that therefore he is likely to lose it altogether, what is he to do? The oral law lays it down that it is unlawful to slaughter for the following day, and yet if it die without slaughtering, it must be totally unlawful to eat. In this case there is a saving clause which removes the difficulty.

מי שהיתה לו בהמה מסוכנת לא ישחוט אותה ביום טוב אלא אם כן יודע שיוכל לאכול ממנה כזית צלי מבעוד יום , כדי אלא ישחוט ביום טוב מה שיאכל בחול ׃

“He that has a beast near unto death must not slaughter it on a holy day, unless he knows that he can eat of its flesh the size of an olive, roasted, whilst it is still day, that he may not slaughter on a holy day what is to be eaten on a common day.” (Ibid.) Here the evasion is palpable. The man has already eaten his meals, he knows that it is not for the holy day, that it is simply to save himself from loss, and yet the oral law obliges him to be guilty of deceit, and to eat a minute particle of it, that the appearance may be kept up. If it were intended mercifully to save the poor from loss, why not make it lawful at once, without any such condition? Here the mercy of the enactment is quite destroyed by the encouragement of deceit. In the same way the oral law forbids open, straightforward buying and selling on a holy day, and yet prescribes a method of evasion.

לא יאמר אדם לטבח תן לי בדינר בשר אלא תן לי חלק או חצי חלק ולמחר עושין השבון אל שוויו ׃

“A man must not say to a butcher, Give me meat for so much money, only, Give a portion, or half a portion, and on the morrow they settle the account as to its value.” (Ibid. c. iv. 20.)

הולך אדם אצל חנוני או רועה הרגיל אצלו או אצל הפטם הרגיל אצלו ולוקח ממנו בהמות ועופות וכל מה שירצה והוא שלא יזכור לו שום דמים ולא סכום מנין ׃

“A man may go to his accustomed shopkeeper, or shepherd, or grazier, and take from him cattle, fowls, and whatsoever he pleases; only he must not mention to him any money, nor any number.” (Ibid.) To take any thing from a shopkeeper by weight or measure is also forbidden, if it be done openly and honestly, but allowed if it be done cunningly and deceitfully.

וכן לא יקח מבעל החנות במדה או במשקל אלא כיצד הוא עושה אומר לחנוני מלא לי כלי זה ולמחר נותן לו שוויו ואפילו היה כלי המיוחד למדה ימלאנו והוא שלא יזכור לו שם מדה ׃

“And thus a man must not take any thing from a shopkeeper by weight or measure, only let him say to the shopkeeper, Fill this vessel for me; and on the morrow he gives him the value. And even though the vessel should be one set apart for the purpose of measuring, he may fill it, provided that the name of a measure be not mentioned.” (Ibid.) In all these cases it is plain that a real transaction of buying and selling takes place, and on the showing of the rabbies themselves, contrary to the Word of God. Those men who would flog a fellow-creature for not keeping their own commandment of a second holy day, make no scruple of devising and prescribing a system of fraudulent evasion of God’s commands. Perhaps some may think that we use too strong language when we apply the words cunning and deceit to those devices of the oral law, but this language was suggested by the oral law itself, which does not scruple to use similar words, and to pronounce that, in similar cases, cunning or deceit is lawful.

אותו ואת בנו שנפלו לבור מעלה את הראשון על מנת לשחטו ואינו שוחטו . ומערים ומעלה את השני על מנת לשחטו ושוחט אי זה מהן שירצה משום צער בעלי חיים התירו להערים ׃

“If a first-born beast and its offspring fall into a pit, the first is to be helped out on condition of slaughtering it, but it is not slaughtered. Then guile is to be used, and the second also helped out on condition of slaughtering it, and then they slaughter which of the two they please. On account of the affliction of the animals, it has been pronounced lawful to use guile.” (Ibid. c. ii.) Here the oral law speaks plainly, it fairly says that guile may be used. It is no defence to say, that this guile was suggested by compassion for the animals. If it be lawful to help the animals out of the pit at all, it is lawful to do it without any guile, openly and honestly. And if it be unlawful to help them out, it is doubly unlawful to do so through guile and deceit, as if God was ignorant of the thoughts and designs of their hearts, and could be satisfied with false and fictitious conditions. But there is another case, where this same word is also used, and where the excuse of compassion is altogether out of the question.

המפשיט עור בהמה ביום טוב לא ימלחנו שזה עיוד הוא ונמצא עושה מלאכה שלא לצורך אכילה ... ומותר למלוח בשר לצלי על גבי העור ומערימים בדבר זה . כיצד מולח מעט בשר מכאן ומעט מכאן עד שימלח העור כולו ׃

“He that takes off the hide of a beast on a holy day, must not salt it, for this is work, and he would be guilty of doing work that is not necessary for the preparation of food.... But it is lawful to salt meat for roasting on the top of the hide, and in this matter guile is employed. How so? Thus. A little meat is salted on one part, and then a little on another part, until the whole hide be salted.” (Ibid. c. iii. 4.) Here no defence whatever can be offered. The oral law confesses that to salt a hide is unlawful, its compilers therefore set to work to find out a method of doing what was forbidden, and yet have the appearance of keeping the law, and they sagaciously discovered the above solution of the difficulty. Thus the law of God is made null by the traditions of men. The commandments of the Scribes are enforced by flogging and excommunication, but full permission given to violate God’s commands, if only an appearance of obedience can be preserved. No wonder that Jesus of Nazareth, whose characteristic is mildness and gentleness, used such harsh language to the authors of this system. His general address to them was, “Woe unto you, Scribes and Pharisees, hypocrites.” They professed the utmost anxiety to have the law of God observed. This was the professed object of their commandments. They were invented as a hedge to keep off every Israelite from even an approach to transgression; and they enforced the observance of this defence by the severest punishments. But where the law of God interfered with their worldly interest, their profit or their gain, they fearlessly made void the law, and inculcated a system of guile and evasion. And this is perhaps the most deadly element in the Talmudic potion. The human heart is ever ready to imbibe what is bad, and the human mind most quick in generalizing the principles of evil. The only efficient remedy for this disease of head and heart is the inculcation of those pure and holy principles, which God has graciously revealed. But when these principles are themselves adulterated, and a system of guileful evasion taught as the religion of Moses and the prophets, what are the results to be expected? The cruel oppression of the poor is bad enough. The enslaving the consciences of the weak is worse; but the corrupting the minds of the simple by such pernicious doctrines, is the worst of all. Yet this is the work of the Jewish religion, as taught in the oral law, and as recognized in the prayers of the synagogue. We do not mean to say that there is anything peculiar in the system. We know that the Provincial Letters develop a Gentile system as corrupt and corrupting. But that system has nothing to do with the Christianity of the New Testament. Our forefathers renounced it long ago. The Jews still adhere to the oral law, and in their prayers and observances still acknowledge its Divine authority; and wherever Judaism exists in vigour, these are the doctrines instilled into the minds of the young, and to which the flower of the Jewish nation devote the vigour of their manhood and the judgment of their old age. That there are Jews who abhor this system, and have adopted the purer principles of the New Testament, even though they do not profess Christianity, we well know. But how is it that there are none who have courage to protest against it? How is it that there is not one who comes forward to emancipate his brethren from moral slavery and the galling chain of superstition and error? “There is none to guide her among all the sons whom she hath brought forth: neither is there any that taketh her by the hand of all the sons that she hath brought up.” (Isaiah li. 18.)

No. XV.
SABBATH MIXTURE.

In discussing the substance and tendency of the oral law, the very nature of our design compels us to dwell upon its peculiarities, and to notice those traits which appear as its essential characteristics. Our object is not, primarily, to show its defects and fruits, but to prove that it is not of Divine authority. In proving this, it is absolutely necessary to show, by a comparison with the law and the prophets, as the unerring standard of right and wrong, that the system is bad. We know, and have more than once admitted, that as it is not a mere human invention, but a corruption of a divinely revealed religion, it must contain much that is good. But this admission no more justifies the system, than a small quantity of gold in a mixed metal would prove that the whole mass is gold. And this comparison may be well illustrated by the holy day constitutions, which have lately occupied our attention. The concluding paragraph of these constitutions contains several beautiful and pious precepts; as, for example, after the command to rejoice on such days, and to provide nuts and such-like things for the children, new clothes and ornaments for the women, and good eating and drinking for the men, we read as follows:—

וכשהוא אוכל ושותה חייב להאכיל לגר ליתום ולאלמנה עם שאר העניים אבל מי שנועל דלתי ביתו ואוכל ושותה עם בניו ואשתו ואינו מאכיל ומשקה לעניים ולמרי נפש אין זו מצוה אלא שמחת כרסו ועל אלו נאמר זבחיהם כלחם אונים להם כל אוכליו יטמאו כי לחמם לנפשם וגו׳ ׃

“And when he eats and drinks, he is bound to feed the stranger, the orphan, and the widow, with the other poor. But he that bolts the doors of his house, and eats and drinks with his children and his wife, but does not furnish meat and drink to the poor and afflicted, is not to be regarded as having fulfilled the commandment; on the contrary, his joy is that of a glutton, and of such persons it is said, ‘Their sacrifices shall be unto them as the bread of mourners; all that eat thereof shall be polluted: for their bread for their soul shall not come into the house of the Lord.’ (Hos. ix. 4.)” (Arbah Turim, 529.) This makes a merciful provision for the poor, and as teaching all who partake of the good things of this world to remember their poorer brethren, is worthy of praise and imitation. We know also that this charity is practised by all devout Jews in every part of the world, and that they are on this account entitled to the respect of all who can appreciate benevolence. But the reason why every believer in revelation will approve this commandment is, because it accords with the Word of God. Moses has made this precept a part of his law: “The stranger, and the fatherless, and the widow, which are within thy gates, shall come, and shall eat and be satisfied; that the Lord thy God may bless thee in all the work of thine hand which thou doest.” (Deut. xiv. 29.) And in the New Testament there is found a similar command: “When thou makest a dinner or a supper, call not thy friends, nor thy brethren, neither thy kinsmen nor thy rich neighbours; lest they also bid thee again, and a recompense be made thee. But when thou makest a feast, call the poor, the maimed, the lame, the blind; and thou shalt be blessed; for they cannot recompense thee; for thou shalt be recompensed at the resurrection of the just.” (Luke xiv. 12-14). But excellent as this rabbinical commandment is in itself, it loses considerably when interpreted according to the system. A person acquainted only with the law of Moses, or the doctrine of Jesus of Nazareth, would say, that one of the most lovely features in the command is the universal love inculcated towards the stranger as well as the Israelites. But an acquaintance with the oral law would compel him to retract this commendation, for there universally the stranger is interpreted to mean, “a proselyte to Judaism,” as for instance—

אהבת הגר שבא ונכנס תחת כנפי השכינה שתי מצוות עשה , אחת מפני שהוא בכלל רעים , ואחת מפני שהוא גר והתורה אמרה ואהבתם את הגר ׃