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"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

Aruch:

The

of Christianity. If Rabbinism had continued in its power, you would have been exposed to all the severity of this intolerance. 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.

קובעין על

בזמן הזה שאין שם סנהדרין ובית דין של ארץ ישראל | from the following explanation of the Baal מי שעובר על מצות עשה שאמר לו עשה סוכה עשה חשבון זה היה מן הדין שיהיו בכל המקומות עושין י"ט א' בלבד אפי' המקומות הרקוחות שבחוצה לולב ואינו עושה מכין אותו עד שתצא נשמתו בלא אומד ובלא מכה משולשת וכן מי שעובר על דברי חכמים לארץ כמו בני א' שהכל על חשבון אח' סומכין וקובעין

אבל תקנת חכמי' הוא שיזהרו במנהג אבותיהם שבידם:

מכין אותו בלא מספ' ובלא מניין ובלא אומד ולמה hedrin, nor house of judgment in the land of | קורין אותו מכת מרדות שמרד בדברי תורה ובדברי

"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

"In the present time, when there is no San

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 unto 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

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.

and merciful system, whilst the Scribes and

אף על פי שהותרה הבערה ביום טוב שלא צורך אסור | opinions? How is it, if they were impostors לכבות את האש אפילו הובערה לצורך אכילה • שהכבוי | and deceivers, that they have left a tolerant האש כך אין מכבין את הנר ואם כבה לוקה כמי שארג | Pharisees, who, according to that supposition מלאכה ואין בו צורך אכילה כלל - וכשם שאין מכבין את אין מכבין את הדליקה כדי להציל ממון Ye shall » או בנה •••• ביום טוב כדרך שאין מכבין בשבת אלא מניחה ויוצא: | know them by their fruits. Do men gather

were the true servants of God, have left a religion of oppression and cruelty?

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 born, and lay them on other men's shoulders." (Matt. xxiii. 4.)

what is and is not work. They say,

"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 Fire is not to be weaves or builds.

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. ' or '' ap

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שנשרף: אסור לכבות הבקעת בין אם מכבה מפני שחס | They are, as usual, most exact in defining עליה שלא תשרף בין אם מכבה שלא תתעשן הקדרה כל שאסור בשבת בין משום שהוא דומה למלאכה או ודוקא כשאפשר לו להצילה מעישון בלא כבוי כגון שיסירנה מאש זה ויתננה על אש אחר אבל אם אין מביא לידי מלאכה בין שהוא משום שבות הרי הוא אסור ביום טוב אלא אם כן היה צורך אכילה וכיוצא לו אש אחר ואם לא יכבנה תתעשן הקדרה מותר בה או דברים שהם מותרים ביום טוב כמו שיתבאר

לכבותה כדי שלאתתעשן הקדרה :

"It is unlawful to extinguish fire on a

בהלכות אלו • וכל שאסור לטלטלו בשבת אסור לטלטלו

holy day, even though a man should see his | ביום טוב אלא לצורך אכילה וכיוצא בה וכל שמותר house burning. It is unlawful to extinguish | 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.

17.)

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?

London:-Sold at the London Society's Office, 16, Exeter-hall, Strand; by James Duncan, Paternosterrow; and B. Wertheim, 57, Aldersgate-street. This publication may be had by applying at No. 5, No. 7, or No. 13, Palestine-place, Bethnal-green.

עמדו על דרכים וראו ושאלו לנתבות עולס : ירמיה ו' טז

NUMBER 14.

"THE OLD PATHS."-JER. vi. 16.

FRIDAY, APRIL 15, 1836.

PRICE ONE-PENNY.

THE oral law says, as we saw in our last, to make light of it." (Hilchoth Jom. tov. c. i. that, on a holy day, it is unlawful to extinguish 17.)

כיצד תרנגולת העומדת לגדל ביצים ושור העומד | -a fire in order to save a man's house and pro

לחרישה ויוני שובך ופירות העומדין לסחורה כל אלו וכיוצא בהן מוקצה הן ואסור לאכול מהן ביום טוב

עד שיכין אותה מבערב ויחשוב עליהם לאכילה :

perty, 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 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."

"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 intenBy this law a tion to eat them." (Ibid.) 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.

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ויש ביום טוב מה שאין בשבת אסור מוקצה שהמוקצה אסור ביום טוב ומותר בשבת מפני שיום

.holy day, so also what is born is unlawful | טוב קל משבת אסרו בו המוקצה שמא יבאו לזלזל בו :

"And as the undestined is unlawful on the

"There is on the holy day one thing which is On a common day a man may destine things
not found on the Sabbath, and that is, the for the Sabbath, and also for the holy day.
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 un-
destined on that day, lest persons should be led

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 an accident, by forbidding the removal of such an egg on the holy day; but a Gentile or a child might, through inadvertently putting convenience or even loss, and to this the poor such an egg amongst others, produce great inman 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 accidently 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,

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 and therefore in the carrying of wine, or wood, difference is to be made between the work done on the holy day and on a common day, or other things, they are not to be carried in a basket, nor as usual, but on the shoulder, or speculations of men who had not much to do, in some extraordinary way. Now, as the 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. But if they were found in the New Testament, they and ridicule. would furnish abundant matter for Jewish wit

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 Testaof those who reject him. ment. This is the religion, and these the laws

But this system of minute legislation has another and a worse consequence; it leads to difficulty, and the difficulty leads to artifice,

כשעושה האש ונותן עליה קדרה צרי' ליזהר בסידור and thus the mind, instead of being improved | העצים ובנתינת הקדירה עליהן שלא יהא דומה לבנין and benefited, is actually corrupted by the | דאמר רב יהודה מדורתא מלמעלה למטה שרי • ממטה

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“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 building, 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.

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 for 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.

manner :

ממלאה אשה קדרה בשר אף על פי שאינה צריכה | The fire is to be made in the following אלא חתיכה אחת • ממלא נחתום חבית של מים אף העושה מדורה ביום טוב כשהוא עורך את העצים על פי שאינו צריך אלא לקיתון אחד: ממלאה אשה אינו מניח זה על זה עד שיסדיר המערכה מפני שנראה תנור פת אף על פי שאינה צריכה אלא לככר אחד שבזמן שהפת מרובה בתנור היא נאפת יפה : ומולח | כבונה • ואף על פי שהוא בנין ארעאי אסור אלא או

אדם כמה חתיכות בשר בבת אחת אף על פי שאינו | שופך העצים בערבוב או עורך בשנוי • כיצד מניח עץ למעלה ומניח אחר תחתיו ואחר תחתיו עד שהוא

צריך אלא לחתיכה אחת וכן כל כיוצא בזה •

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

"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.

self 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, straightfor

yet prescribes a method of evasion.

אין אופין ומבשלין ביום טוב כדי להאכיל גוים או

ward buying and selling on a holy day, and | כלבים שנא' הוא לבדו יעשה לכם לכם ולא לגוים לכם

תן לא יאמר אדם לטבח תן לי בדינר בשר אלא חלק או חצי חלק ולמחר עושין חשבון על שוויו :

"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

"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 | Gentiles in his employ and service whom he הפטם הרגיל אצלו ולוקח ממנו בהמות ועופות וכל | boards, what is he to do then ? This diffi מה שירצה והוא שלא יזכור לו שום דמים ולא | culty he may get over in the manner just

סכום מנין:

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.

"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.

בהמה שחציה של גוי וחציה של ישראל מותר וכן לא יקח מבעל החנות במדה או במשקל אלא כיצד הוא עושה אומר לחנוני מלא לי כלי זה ולמחר | לשוחטו ביום טוב שאי אפשר לאכול ממנה כזית בשר נותן לו שוויו ואפילו היה כלי המיוחד למדה ימלאנו | בלא שחיטה :

והוא שלא יזכור לו שם מדה :

"A beast which partly belongs to a Gentile and partly to an Israelite, may lawfully be "And thus a man must not take any thing slaughtered on a holy day, for it is impossible from a shopkeeper by weight or measure, only to eat the size of an olive of the meat, if it be let him say to the shopkeeper, Fill this vessel not slaughtered by a Jew." (Ibid.) This, for me; and on the morrow he gives him the also, is nothing more nor less than an evasion. value. And even though the vessel should be But now suppose that a Jew finds on a holy one set apart for the purpose of measuring, he day, and after he has eaten his meals, that a may fill it, provided that the name of a meabeast belonging to him is likely to die, and sure be not mentioned." (Ibid.) In all these that therefore he is likely to lose it altogether, cases it is plain that a real transaction of buywhat is he to do? The oral law lays it down ing and selling takes place, and on the showthat it is unlawful to slaughter for the following of the rabbies themselves, contrary to the ing 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.

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.

מי שהיתה לו בהמה מסוכנת לא ישחוט אותה ביום

Perhaps some may think that we use too | טוב אלא אם כן יודע שיוכל לאכול ממנה כזית צלי strong language when we apply the words | מבעוד יום • כדי שלא ישחוט בי''ט 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

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 simiolive, roasted, whilst it is still day, that he lar words, and to pronounce that, in similar may not slaughter on a holy day what is to cases, cunning or deceit is lawful. be eaten on a common day.'

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אותו ואת בנו שנפלו לבור מעלה את הראשון על | Ibid.) Here) מנת לשוחטו ואינו שוחטו • ומערים ומעלה את השני | the evasion is palpable. The man has already על מנת לשוחטו ושוחט אי זה מהן שירצה משום צער בעלי חיים התירו להערים:

eaten his meals, he knows that it is not for the holy day, that it is simply to save him

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