both speak the words of the living God,” will not do now. Every one can

understand that God does not speak contradictions. No one will believe

that the profane sentiment of R. Akiva, That a man may divorce his wife

as soon as he finds another who pleases him better, can proceed from the

God of holiness and justice. It is true that his opinion is not the law;

but the opinion of Hillel, which is the law, is not a whit better. It

pronounces that if a woman only spoil the broth she may be divorced: now

this interpretation or the words of Moses is plainly contrary to the

grammatical sense: עֶרְוַת is in Regimen (סמיכה) and joined to דָּבָר by

a munach, and can therefore by no means be separated from it so as to

signify “Either uncleanness or some other matter.” The words of Moses,

the points, and the accents, all decide that there is only one cause for

which a man may put away his wife. Hillel and his successors have

wilfully passed by the plain sense of the Hebrew words, in their

eagerness to obtain a facility for putting away their wives. They were

not ignorant of the right sense, for that was plainly asserted by

Shamai, but were determined to get rid of it; and such was the state of

the Jews at the time, that they had influence enough to turn their false

interpretation into law; and such has been the state of the Jews ever

since, that it continues law to this very hour. A rabbinical Jew may,

according to his religious tenets, turn away his wife, the mother of his

children, on a pretext that would hardly justify the dismissal of a

servant. He may rudely tear asunder the sacred ties of conjugal

affection, and separate between mother and children, if the unhappy

woman should only make a mistake in her cookery. One of the worst

charges brought against the slave-dealers was, that they had no respect

either for maternal or filial affection; that they separated between

mother and children. The very same accusation can be brought against

modern Judaism, which legitimatizes the very same disregard for the

feelings of a mother. Can, then, such a religion, which thus daringly

snaps the ties of nature, be from God? Is it possible that God should

thus expose one half of his rational creatures to the caprice and the

tyranny of those who ought to be their defenders and protectors from

every insult and every harm? If the same right were given to women,

though the laws would be most contrary to the divine institution of

marriage, it would at least have the appearance of justice; but this is

denied. The oral law says,—

אם לא תמצא חן בעיניו , מלמד שאינו מגרש אלא ברצונו ואם נתגרשה שלא ברצונו

אינה מגורשת , אבל האשה מתגרשת ברצונה ושלא ברצונה ׃

“The words, ‘If she find no favour in his eyes,’ teach, that the husband

does not divorce except voluntarily; and if the woman be divorced

against his will, she is not divorced. But the woman is divorced with or

without her will.” (Jad Hachazakah Hilchoth, Gerushin, c. 1, 2.)

According to this doctrine the happiness of the wife and the children is

absolutely vested in the power of the man; and in any paroxysm of

ill-humour, he may make them both unhappy for life; he may turn the

mother out of her home, drive her forth like a criminal from the bosom

of her family, and introduce a stranger. Who does not see that this is a

power unfit to be trusted to the hands of any man or any people? We do

not mean to impute anything peculiar to the Jews; we believe that as to

their natural propensities, humours, and caprices, all men are much

alike, and that therefore none ought to have the power of thus lightly

breaking up the domestic constitution. It is no answer to this to say,

that in this country divorce is not so lightly practised. Thanks to the

power of Christian principle and the existence of Christian laws, it

cannot be. But every one, who has had much opportunity of seeing

rabbinical Jews, knows that divorce is practised amongst them with a

facility and frequency that is astonishing. But this is not the

question; we are not examining Jewish manners, but the modern Jewish

religion; and if divorce had never been practised, we should still

pronounce of the oral law, which inculcates such principles, that it

cannot be from God; and of its authors that they were bad men, or they

would never have thus trifled with God’s most holy institution. The

truth is, that the rabbies were altogether ignorant of the nature of

marriage as God established it. They not only allow divorce on the most

trifling pretext, but they sanction the practice of marrying for a given

length of time, and, when that time is expired, of dissolving the

marriage by divorce:—

לא ישא אדם אשה ודעתו לגרשה , ואם הודיעה בתחלה שהוא נושא אותה לימים מותר

׃

“A man must not marry a woman with the intention of divorcing her; but,

if he previously inform her that he is going to marry her for a season,

it is lawful.” (Hilchoth Gittin in Even Haezer, 1.) Now how contrary is

such doctrine to the express words of Scripture. “This is bone of my

bones, and flesh of my flesh. Therefore shall a man leave his father and

his mother, and shall cleave unto his wife; and they shall be one

flesh.” (Gen. ii. 23.) Here Adam, in his state of innocence, pronounces

that the tie of marriage is more sacred and more binding, than even that

which exists between parent and child. A man may, and for his wife’s

sake shall, forsake father and mother, but should no more think of

separating from his wife, than from his own bones and flesh. Who would

lightly think of parting with a limb, or a portion of his body? Urgent,

indeed, must be the necessity that will induce a man to permit the

separation of a portion of himself, and equally urgent should be the

cause that should move a man to part with her who is bone of his bones,

and flesh of his flesh. Such is the Mosaic doctrine of the marriage

obligation; but so little did the rabbies understand it, that they

permit a man to marry for a week, a month, or a year; and when that

season is expired, to tear asunder the sacred ties, and that without any

cause whatever. But the evident evil that must result from the rabbinic

doctrine of divorce is still more apparent from the first sentence of

the passage last quoted—“A man must not marry a woman with the intention

of divorcing her.” These words show the direct tendency of the doctrine.

When power is given to a man to turn out his wife when he likes, a

temptation is at once held out to the evil-disposed to marry with the

express intention of divorcing. The rabbies, therefore, find it

necessary to forbid it; but is it likely that this prohibition will have

much force in the eyes of a man who is wicked enough to form the

intention? And suppose a wicked man does form the intention, and execute

it, what remedy had the poor injured woman? Thus the oral law leaves the

daughters of Israel completely at the mercy of the unprincipled, and

places them beyond this possibility of obtaining justice.

But the cruelty and total want of feeling which the oral law displays

and teaches, with regard to women, appears still more plainly from the

following extract:—

מי שנתחרשה אשתו הרי זה מגרשה בגט ותהיה מגורשת , אבל אם נשתטת אינו מוציאה

עד שתבריא , ודבר זה תקנת חכמים הוא , כדי שלא תהיה הפקר לפרוצין שהרי אינה

יכולה לשמור את עצמה ; לפיכך מניחה ונושא אחרת ומאכילה ומשקה משלה ; ואין

מחייבין אותו בשאר כסות ועונה , שאין כח בבן דעת לדור עם השוטים בבית אחד ,

ואינו חייב לרפאותה ולא לפדותה , ואם גרשה הרי זו מגורשת ומוציאה מביתו

ואינו חייב לחזור ולהטפל בה ׃

“If a man’s wife should become deaf and dumb, he gives her a bill of

divorce, and she is divorced. But if she become insane, he is not to

send her forth until she is recovered: and this thing is an ordinance of

the wise men, that she should not become a prey to the immodest, because

she is not able to take care of herself. The husband therefore, leaves

her where she is, and marries another, and gives her meat and drink out

of her own property. But he is not to be compelled to give her food and

raiment, and duty of marriage, for it is not in the power of a sane

person to dwell in one house with the insane. Neither is he obligated to

have her cured, nor to ransom her. But if he should divorce her, then

she is divorced, and is to be put out of his house: and he is not

obligated to return and take any trouble about her.” (Hilchoth Gerushin,

x. 23.) Principles more contrary to God’s Word, and to the common

feelings of humanity, were never inculcated under the name of religion.

We have been astonished at the cruelty with which the oral law treats

Gentiles—we have been horrified at the coolness with which it speaks of

splitting open an _Amhaaretz_—but here it surpasses itself, and

out-herods Herod. A man accustomed to judge of his duty by the words of

Moses and the prophets, or even to follow toe dictates of

unsophisticated nature, would conclude that, as he is at all times bound

to love and cherish his wife, the obligation is doubly imperative in

case of sickness, but especially so when that sorest calamity with which

human frailty is visited, insanity, attacks the partner of his life.

Then it is that the man, who has one spark of the fear of God or of the

love of man, will show all his tenderness, watch over the sufferer with

all care and anxiety, and if necessary, devote all his worldly goods to

minister to her recovery. No, says the oral law, when the wife of your

bosom most requires your attention, then marry another: give her neither

food nor raiment, and, if you please, cast her out of your house, and

leave her to her fate. The most charitable conclusion would be, to

suppose that the men who uttered such sentiments under the mask of

religion, were themselves insane. But what are we to think of Israel,

that for eighteen hundred years they have been unable to detect so

manifest an imposture? And what are we to think of Israel at present,

that they sit still and suffer their children to be deluded, by being

taught that this most atrocious system of inhumanity, is that pure and

holy religion which the God of Israel revealed to Moses? Let not any

Israelite mistake us. We do not mean to charge such wickedness upon

them. The Providence of God has in a measure delivered them from such an

odious yoke. The influence of Christianity has successfully counteracted

the full development of these anti-human principles. We only mean to

direct their attention to the nature of that religion to which they have

adhered so long; and to induce them to consider what would be the state

of the world, if Jesus of Nazareth had not arisen to protest against

such gross corruptions, and to assert the truth. Just suppose that the

traditions had triumphed. The universal law would then be, that men

might divorce their wives when they please, and in the time of their

calamity cast them forth into the streets. All the bonds of natural

affection would be rent asunder. Conjugal affection would cease, filial

duty be unknown—no son would honour his mother, for how could a son

honour the unhappy being whom his religion pronounces unworthy either of

succour or compassion in the time of her utmost need? If such principles

had attained dominion, mankind would have been turned into a race of

fiends, and this earth have become a hell. What, then, has stopped all

this misery? Christianity, and Christianity alone. It teaches very

different principles. When a Christian man is married, the vow which he

is required to make is this—“Wilt thou have this woman to thy wedded

wife, to live together after God’s ordinance in the holy estate of

matrimony? Wilt thou love her, comfort her, honour, and keep her in

sickness and in health; and, forsaking all other, keep thee only unto

her, so long as ye both shall live?” This is the doctrine of the New

Testament. The Pharisees asked the Lord Jesus, “Is it lawful for a man

to put away his wife for every cause? And he answered and said unto

them, Have ye not read, that He which made them at the beginning made

them male and female, and said, For this cause shall a man leave father

and mother, and shall cleave to his wife; and they twain shall be one

flesh? Wherefore they are no more twain, but one flesh. What therefore

God hath joined together, let not man put asunder.” (Matt. xix. 3-7.) In

like manner, Paul teaches, “So ought men to love their wives as their

own bodies. He that loveth his wife loveth himself.” (Ephes. v. 28.) And

Peter teaches in the same spirit, “Likewise, ye husbands, dwell with

them according to knowledge, giving honour unto the wife, as unto the

weaker vessel, and as being heirs together of the grace of life; that

your prayers be not hindered.” (1 Peter iii. 7.)

Let any unprejudiced, yea, or any prejudiced, man, if he have only the

use of his senses, compare these two doctrines, and say which is most

agreeable to the will and character of God, as revealed in the Old

Testament—and, which is most calculated to promote the happiness of the

human race. The combination of mercy and justice forms a striking

feature in the revealed character of God, but is there either justice or

mercy in the laws which we have just considered? The happiness of the

human race depends, in a more than ordinary measure, upon the right

organization of the family relations: but how can there be any such

thing as domestic order or peace, so long as the mother is looked upon

as belonging to an inferior caste, whom it is permitted at any moment,

even in the most afflictive of all visitations, to outlaw, and drive

forth from the family circle? The uncontrolled dominion of the oral law

would practically annihilate all the sympathies and consolations of the

domestic constitution. The husband could not love the wife whom his

religion teaches to despise, and forbids to pity. The wife could not

love the husband, whom she must suspect not only of being destitute of

affection, but devoid of pity; and from whom she could only expect

divorce and expulsion in the hour of calamity. The son would learn to

despise his mother, whom his religion marks out as a fit object for

contempt, and a suitable victim for the exercise of cruelty. The mother,

cast out by her own partner, would not even have the consolation of

being pitied by her own children. A false religion would have taught

them that this unnatural conduct was only obedience to the Divine will.

The principles of Christianity, on the contrary, produce and protect all

that domestic happiness which distinguishes Christian countries from the

rest of the world; and in which Jews participate. The influence of

Christianity has prevented that misery of which we have given but a

faint outline. Can, then, the Jews deny that Christianity has been, and

is, to them a blessing? or that it is, in its principles and effects,

more agreeable to the character of God, and more productive of human

happiness, and therefore more excellent and more true than modern

Judaism.

No. XLIX.

RABBINIC LAWS CONCERNING MEAT.

Conscientious adherence to the dictates of true religion is one of the

noblest traits that can adorn the human character, and this trait has

appeared in its most vivid light in not a few of the Israelite nation.

Elijah the prophet, for instance, is a bright example of religious

constancy. At a time when all Israel had forsaken the true God, and

zealously professed a false religion, neither the allurements of

self-interest, nor the power of universal example, nor the natural

desire of self-preservation, could draw him aside from the paths of

truth and righteousness. Daniel and his three friends in Babylon exhibit

the same unwavering firmness in the assertion of truth. The Royal

dainties could not prevail upon them to partake of food offered to

idols. The fiery furnace could not terrify Hananiah, Mishael, and

Azariah, to commit idolatry; the lions’ den possessed no terrors that

could move Daniel to omit the worship of his God. But as constancy for

the truth ennobles and adorns, in the very same degree an obstinate

perseverance in error diminishes from man’s moral or intellectual value.

It shows either that his moral perception is so blunted as to be unable

to discern between truth and error, or his moral taste so perverted as

not to care for the difference—or that there is some intellectual

deficiency which renders the moral powers inoperative. It leads to the

suspicion that there is something wrong either with the head or the

heart. There is, however, a class of persons, who persevere in error,

not because the head is weak, or the heart sick, but because they have

never fairly beheld the light of truth. They have grown up in a mist of

error, and circumstances have prevented them from emerging into a purer

atmosphere. To this class, we would hope, the professors of modern

Judaism belong. That they have been for centuries in error is certain.

Many incontestable proofs of this have been already advanced; _The

rabbinic laws concerning_ שחיטה, _or the slaughtering of animals_, will

add another link to the chain of evidence. The Rabbinists have an idea

that wherever they may be wrong, in this doctrine they are infallibly in

the right; and yet, if the force of education did not afford some aid,

it would be impossible to imagine how they can be deceived by a doctrine

so manifestly false, and so entirely devoid of Scriptural foundation. In

the first place, the slaughtering of beasts is, like eating, of

every-day and universal concernment—a matter that affects the poor and

unlearned as much as the studious; and yet the rabbinic rules are so

many and so intricate that either a man must be learned himself, or

employ a man of competent learning, to perform this business; or, he

must, in spite of himself, turn Pythagorean and renounce the use of

animal food. The oral law gives the following outline of what is to be

understood by the word שחיטה or _slaughtering_:—

זביחה זו האמורה בתורה סתם צרך לפרש אותה ולידע באי זה מקום םן הבהמה

שוחטין , וכמה שיעור השחיטה , ובאיזה דבר שוחטין ומתי שוחטין והיכן שוחטין

וכיצד שוחטין , ומה הן הדברים המפסידין את השחיטה ומי הוא השוחט , ועל כל

הדברים האלה צונו בתורה ואמר וזבחת מבקרך וכו׳ כאשר צותיך ואכלת בשעריך

וכו׳ ׃

“It is absolutely necessary to explain the killing (or slaughtering

mentioned in the law), and to know, in what part of the beast one

slaughters—what is the measure of the slaughtering—with what implement

one slaughters—when—where—and how one slaughters—what things they are

which invalidate the act of slaughtering—and who is permitted to

slaughter. Concerning all these things, He has commanded us in the law

where it is said, ‘Then thou shalt kill of thy herd and of thy flock,

which the Lord hath given thee, as I have commanded thee, and thou shalt

eat in thy gates whatsoever thy soul lusteth after!’ (Deut. xii. 21.)”

(Jad Hachazakah, Hilchoth Shechitah, c. i. 4.) Here we have at once a

list of eight particulars, which must first be known, but then most of

these again require a long and learned explanation; for instance the

first is thus defined:—

ואיזה הוא מקום שחיטה בקנה משפוי כובע ולמטה עד ראש כנף הריאה כשתמשוך

הבהמה צוארה לרעות זה הוא מקום השחיטה בקנה , וכל שכנגד המקוא הזה מבחוץ

נקרא צואר , אנסה הבהמה עצמה ומשכה צוארה הרבה או שאינס השוחט את הסימנין

ומשכן למעלה ושחט במקום שחיטה בצואר , ונמצאת השחיטה בקנה או בושט שלא

במקום שחיטה הרי זה ספק נבלה ׃

“On what part of the animal is the slaughtering to be effected? On the

wind-pipe, from the edge of the uvula downwards as far as the top or the

extremity of the lungs, as these parts are situated when the beast

stretches out its neck to feed: this is the place of the slaughtering in

the wind-pipe; and all the part outside which answers to this place, is

called the neck. If the beast forces itself and stretches out its neck

much, or if the slaughterer has forced the sinews, and drawn them

upwards, and he slaughters at the right part of the neck, but afterwards

it is found that the wind-pipe or the œsophagus is not cut at the right

place, then it is a doubtful case of carrion.” (Ibid. 7.) In like

manner, the _measure of the slaughtering_ is accurately defined, and

must be as accurately attended to, or else the slaughtering must be

considered unlawful, and then it becomes unlawful for the Rabbinists to

eat it. But the most care is required in examining the knife, which may

be of any material that will cut, on condition that there be no gap in

it:—

אבל אם היה כמו תלם בחודו של דבר ששוחטין בו ואפילו היה התלם קטן ביותר

שחיטתו פסולה ׃

“But if there be anything like a furrow in the edge of the implement

wherewith the slaughtering is effected, even though the furrow be the

least possible, the slaughtering is unlawful.” The slaughterer is

therefore required to examine the knife before and after the act; for if

a gap be found in it after the slaughtering, it is doubtful whether the

beast is not be considered carrion:—

לפיכך השוחט בהמות רבות או עופות רבות צריך לבדוק בין כל אחת ואחת שאם לא

בדק ובדק אחרונה ונמצאת סכין פגומה הרי הכל ספק נבלות ואפילו הראשונה ׃

“Therefore he that has to slaughter many beasts or many fowls, must

examine the knife after each; for if he does not, but examines at the

end, and the knife is found to have a gap, then all are to be considered

as doubtful carrion, even the first.” (Ibid. 24.) From these few

particulars, it appears that great care, and not a little study and

practice, are required in order to slaughter an animal for food

according to the oral law, and that it is very easy, by mistake or want

of knowledge, to make the meat unfit for rabbinic eating: but then,

besides all this, there are the five circumstances which invalidate the

slaughtering altogether:—

חמשה דברים מפסידים את השחיטה ועיקר הלכות שחיטה להזהר בכל אחת מהן ואלו הן

שהיית דרסה חלדה הגרמה ועיקר ׃

“There are five things which invalidate the slaughtering: and the most

important thing respecting the constitutions of slaughtering is, to

attend to each one of them, and these are they—1st, If the person makes

a stop of a certain length before the act is completed. 2d, If the

throat be cut at a single blow, as with a sword. 3d, If the knife enters

too deep, and is hidden. 4th, When the knife slips up or down from the

right place. 5th, When the wind-pipe or œsophagus is torn and comes out,

before the act is completed.” (Ibid. c. iii.) These five essentials of

rabbinic slaughtering lead again to endless questions and definitions;

so that, putting all together, it is much to be doubted whether a beast

ever was, or ever will be, rightly slaughtered according to the oral

law. And yet these things, of which there is not the slightest mention

in the Mosaic law, are tied like a heavy burden about the necks of the

poor and ignorant, and are most oppressive to their bodies and their

souls. The rich may not, perhaps, feel the oppression, but the poor sigh

and groan under the load; and no man considers their sorrow, or

stretches out a hand to help them. In the first place, the intricacy of

the act always makes rabbinic meat a great deal dearer than other meat,

so that the poor man and his family, who can at any time, or under any

circumstances, afford to buy but little food, are compelled by the oral

law to do with still less, and in many cases to do without it

altogether. Let any one visit the haunts of the poor Jews in this city,

or enter their abodes, and he will find many a wretched family pining

away for want of proper food; and yet it is too dear to procure a

sufficiency; and if any benevolent Christian should wish to assist them,

offer them some of his own, or give them a ticket to some of those

institutions which distribute meat to the poor, the starving family

would not dare to accept it, even if their conscience allowed them, or

if they did, would inevitably draw down upon themselves a storm of

persecution, and be treated as if they had committed the greatest

crimes: yea, if the oral law had power, the poor starving creatures,

that had partaken of Christian bounty, would be flogged for satisfying

the wants of nature:—

נכרי ששחט אע׳׳פ ששחט בפני ישראל בסכין יפה ואפילו היה קטן שחיטתו נבלה

ולוקה על אכילתה מן התורה שנאמר , וקרא לך ואכלת מזבחו ׃

“If a Gentile slaughters, even though he does it in the presence of an

Israelite, with a proper knife, his slaughtering is carrion; and he that

eats of it is to be flogged according to the written law, for it is

said, ‘And one call thee, and thou eat of his sacrifice.’ (Exod. xxxiv.

15.)” Yea, the oral law goes so far as to extend this rule even to the

case of a Gentile who is not an idolater:—

וגדר גדול גדרו בדבר שאפילו גוי שאינו עובד ע׳׳ז שחיטתו נבלה ׃

The old paths, or the Talmud tested by Scripture Being a comparison of the principles and doctrines of modern Judaism with the religion of Moses and the prophets · 第 39 / 49 段