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, "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 עשה לולב ואינו עושה מכין אותו עד שתצא נשמתו בלא אומד ובלא מכה משולשה וכן מי שעובר על רי חכמים מכין אותו בלא מספר ובלא מנין ובלא אומד ולמה קורין 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 fellowcreature 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 סנהדרין 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 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 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 מביא 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 B 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 GORNJA must not write a letter to his friends, nor even extinguish a fire, though it be to save his property. But there is a way out! אף על פי שהותרה הבערה ביום טוב שלא לצורך אסור לכבות את האש אפילו הובערה לצורך אכילה. שהכבוי מלאכה ואין בו צורך אכילה כלל. וכשם שאין מכבין את האש כך אין מכבין את הנר ואם כבה לוקה כמי 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 אסור לכבות את הדליקה ביום טוב אפילו רואה את ביתו שנשרף. אסור לכבות הבקעת בין אם מכבה בין אם מכבה שלא מפני שחס עליה שלא תשרף 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 Muktzeh, which literally signifies "separated or cut off," but |