INTRODUCTION.

The king, in Rabbi Jehudah ha-levi’s Cuzari, anxious to lead a good and

religious life, was told by an angel who appeared to him in a dream

that his heart was good, but his deeds were not acceptable. The purity

and goodness of our heart certainly ennobles our deeds and gives them

the stamp of sincerity and holiness, though they may not be marked by

absolute perfection. But an inner voice, our conscience, does not allow

us to be content with the goodness of the heart; we feel the necessity

of seeking also perfection of words and deeds. We wish not only our

heart but also our entire self to be good, so that our inner life and

outer life, our feeling and thinking, our speaking and doing, may

combine into one harmonious whole, which comes as near perfection as

possible.

It has been shown above that one of the principles of faith which we

confess is our belief in the Divine origin of the Torah, and in the

obligatory character of its precepts. When we pray to God to make us

understand the Torah we are not content with the mere knowledge of the

words of the Law; we also seek God’s assistance to enable us “to obey,

to observe, and to perform” all that He has commanded us. Man’s nature

is not the same in all individuals; one person finds special delight in

the performance of this duty, another in the performance of that. Every

one likes to devote his energies to that work for which he considers

himself best qualified, and which promises to yield the best fruit. But

this individual liking or aptitude must not mislead us into thinking

that the Law is divided into important and unimportant precepts. So far

as they represent the Will of the Almighty they are all alike, and

equally demand our attention and our obedience. Thus the ‏קבלת עול

שמים‎, [30] our unconditional submission to the Will of the Almighty as

our King, is followed in our Service by ‏קבלת עול מצות‎,[30] the

acknowledgment of the binding force of His precepts.

There are persons who question the wisdom and usefulness of the

precepts; they call it legalism, and are opposed to the tendency of

subjecting every act of ours to the control of the Law. They argue that

legalism tends to weaken our regard for the Law, and trains hypocrites

rather than true servants of the Lord. It is a bold assertion, but one

that rests on imagination and prejudice. Is it possible that such a

constant reminder of God’s presence as the Divine precepts supply

should not have a beneficent influence over us, by making us feel

encouraged by His presence when we are engaged in a good cause, and

discouraged when we are about to do wrong? If persons are found who are

devout worshippers at one time and criminals at another, it only shows

human weakness in the moment of trial in spite of good resolves and

genuine devotion; and were it not for the effect of such devotion, the

number of crimes would probably be far greater.

A truly pious man will never imagine that he may freely transgress one

set of the precepts, if he strictly obeys another set; that he may,

e.g., wrong his neighbour, and compensate for his sins by regular

attendance at the place of worship, or by a strict observance of the

dietary laws, or the laws of Sabbath and Festivals; or that he may

freely break the latter, if only he is honest, just, and charitable.

The precepts have all the same Divine origin; the all-wise and all-kind

God, who has commanded us to walk in the way of justice and

righteousness, has also ordained the Sabbath, given the dietary laws,

and established the sacrificial service. He who selects some of the

precepts and rejects the rest substitutes his own authority for that of

the Almighty, and places his own wisdom above the wisdom of Him who

gave us the Law.

“Be as zealous in the performance of an unimportant precept as of an

important one,” is one of the maxims taught in the “Sayings of the

Fathers.” A difference between precept and precept is here admitted,

but only in so far as they seem to us more or less important, with

regard to the good which their observance produces or the evil which is

caused by their neglect. In case of a conflict of two duties we give

the preference to that which seems to us more important. In times of

religious persecution the question frequently arose how far resistance

was necessary, and how far religious practice might yield to physical

force. The rule has been laid down, that when our life is threatened we

may transgress any precept; but we must not allow ourselves, under any

circumstances, to be forced to idolatry, murder, or adultery (‏עבודה

זרה גלוי עריות ושפיכות דמים‎); we must prefer death to committing any

of these sins. But in times of trouble and persecution the spirit of

resistance is as a rule too strong to be kept within the strict lines

of demarcation, and life is willingly and heroically sacrificed for any

religious duty. This is not surprising, for every religious act which

is chosen by the enemy as a test to prove the faithfulness or the

faithlessness of the persecuted sect to its own religion, receives

thereby the stamp of great importance.

Similar questions are also asked in times of peace, when some of our

brethren reject the authority of the Oral Law, while others refuse even

to recognise the authority of the Written Law, when some set aside the

Divine precepts out of convenience, and others from principle, and

still others from ignorance; when some limit their Judaism to the

nominal membership of the Jewish race, and others to a negation of

other creeds. Are all these Jews? Whatever the answer to this question

may be from a practical, political, social, and communal point of view,

the fact is that they are Jews. They may have forfeited certain

privileges, they may be disqualified for certain religious offices,

they may be dangerous to the religious peace of our family or

community: they are notwithstanding Jews, and are bound to live in

accordance with the Law which the Almighty has given to the Jews and

for the Jews. Our Sages say: ‏אף על פי שחטא ישראל הוא‎, “Although a man

may have sinned, he is an Israelite still.” No theologian, Rabbi, or

teacher, or Beth-din, or Sanhedrin, has the power of granting

absolution, or telling those who break or reject any portion of the

Divine precepts that they are not doing wrong. No human being has the

authority to abrogate laws revealed by God. Why then, some may ask, do

prophets and moralists, the Rabbis of the Talmud not excluded, single

out ethical principles for special recommendation to their fellow-men,

generally observing silence about the rest of the Divine commands? The

answer is simple. The ethical principles and the Divine commandments

embodying them are different in kind from the rest of the commandments.

The latter are distinct, well defined, and the punishment for their

transgression is fixed; they are unchangeable, and not capable of

expansion.

The dietary laws, e.g., are exactly the same now as they were in the

days of Moses. So also the laws concerning Sabbath. What was then

prohibited by the Sabbath is prohibited still. The ethical principles,

however, are capable of development, and the moral standard rises with

the progress of civilisation. Hence the constant dissatisfaction of

prophets, preachers, and teachers with the moral principles of their

followers. They have a higher standard of morality, and strive to raise

the moral consciousness of their generations to their own height.

It is, therefore, no wonder that the prophet Isaiah exhorts his

brethren: “Wash you, make you clean; put away the evil of your doings

from before mine eyes; cease to do evil: learn to do well: seek

judgment, relieve the oppressed, judge the fatherless, plead for the

widow” (i. 16, 17). “He that walketh righteously, and speaketh

uprightly; he that despiseth the gain of oppressions, that shaketh his

hands from holding of bribes, that stoppeth his ears from hearing of

blood, and shutteth his eyes from looking upon evil, he shall dwell on

high,” &c. (Ibid. xxxiii. 15, 16). In the same sense the virtuous man

is described by all prophets; also in Ps. xv. and Ps. xxiv.

R. Akiba says: “‘Thou shalt love thy neighbour as thyself’ (Lev. xix.

18) is an important principle in the Torah,” but at the same time he

shows what importance he ascribes to all other principles and precepts

of the Law by most carefully examining the details of every one of them

alike. The great Hillel told the Gentile who desired to become a Jew:

“‘Do not to thy neighbour what is hateful to you;’ this is our whole

religion;” but that he did not ignore the remainder of the Torah, or

consider it as not essential, is proved by the additional words: “The

rest is its explanation; go and learn” (Babyl. Talmud, Sabbath, 31a).

Hillel only gave the proselyte a lesson which would lead him to obey

all the words of the Almighty.

Rabbi Simlai (Yalkut on Micah vi. 8) said: “Six hundred and thirteen

commandments were given to Moses on Mount Sinai; David reduced them to

eleven (Ps. xv.); Isaiah reduced them to six (xxxiii. 16, 17); Micah

(vi. 8) to three; then Isaiah reduced them again to two (lvi. 1); and

Habakkuk to one—Faith (ii. 4).” This Rabbi does certainly not mean to

say that Isaiah cancelled some of the eleven virtues mentioned by

David, or that Habakkuk only demanded Faith, and did not consider it

essential that man should be righteous, truthful, &c. Rabbi Simlai

intended only to point out that by training ourselves in the practice

of certain virtues, the fulfilment of all Divine precepts will be

greatly facilitated.

All the commandments of the holy Torah are equally Divine. Laws

concerning justice and humanity, and laws concerning Sabbath and

Holydays, are equally introduced by the declaration, “And the Lord

spake unto Moses, saying.” The commandments, “Thou shalt love thy

neighbour as thyself,” and “A garment of diverse kinds, of linen and

wool, shall not come upon thee,” stand side by side in the same

paragraph. The equality of all the precepts as the expression of the

Will of the Almighty is clearly set forth in the Law, in the frequent

exhortations that the Israelites should obey all the precepts, whatever

their nature may be, whether they be of the class of “statutes” or of

“judgments,” or of any other class of Divine commands. (Comp. Exod. xv.

25, 26; Lev. xxvi. 15, 43; Num. xv. 39, 40; Deut. iv. 1, 5, 8, &c.)

As to the various terms employed in the Pentateuch to designate the

Divine precepts: words (‏דברים‎), commandments (‏מצוות‎), statutes

(‏חקים‎), judgments (‏משפטים‎), and laws (‏תורות‎), they may be

considered as synonyms signifying similar things. But even synonyms are

as a rule distinguished from each other by a certain variation in their

meaning, especially when the terms occur in one and the same sentence.

A definition of these terms is not given in the Pentateuch or in the

Bible; from the context, however, in which they occur the following

distinction may be drawn:—

‏חק‎ or ‏חקה‎, “statute,” is applied to those laws which are absolute

and do not depend on certain conditions, whilst mishpat, “judgment,” is

a law the performance of which varies according to circumstances. Thus

the Paschal sacrifice is called chukkah, and must absolutely be

performed, whilst the civil laws concerning slaves, damages, &c., are

mishpatim, because cases of slavery or damages need not occur, and the

respective precepts are then not carried into effect. In a similar

manner Jewish theologians divide the Divine precepts into ‏מצות שמעיות‎

and ‏מצות שכליות‎ precepts which our duty of obedience to God makes us

perform, and precepts which, without distinct Divine command, our own

reason would impel us to do.—The other terms, mitsvah, “commandment,”

and mishmereth, “charge,” are used in a general sense, the former in

reference to the Giver of the law, and the latter in reference to those

to whom it is addressed.

The division of the precepts into ‏שמעיות‎ and ‏שכליות‎ is a vague one,

and the line of demarcation will be moved farther to the one side or

the other, according to the judgment exercised by the interpreter. Of

greater importance is the division into positive and negative precepts,

commandments, and prohibitions, ‏מצות עשה‎ and ‏מצות לא תעשה‎. The

prohibitions are of two kinds: such as admit of amends being made for

their transgression and such as do not admit: ‏שיש בה קום עשה‎ and

‏שאין בה קום עשה‎.

The number of the commandments is, according to Rabbi Simlai, 613

(‏תר״יג‎), and in some editions of the Pentateuch the number of each

commandment has been noted in the margin. Rabbi Moses ben Maimon, in

the introduction to his Mishneh-torah, enumerates the 613 mitsvoth.

They are also contained in liturgical compositions, called ‏אזהרות‎

“exhortations,” or “precepts,” such as are met with in the Machzor for

the Feast of Weeks.

Maimonides, in “The Guide” as well as in Mishneh-torah, treats of the

precepts of the Torah under the following fourteen heads: (1)

Fundamental principles of our faith; [31] (2) Divine worship; (3)

Sabbath and festivals; (4) Marriages; (5) Forbidden food and forbidden

relations of the sexes; (6) Vows; (7) Agriculture; (8) The Temple and

the regular sacrificial service; (9) Occasional sacrifices; (10)

Cleanness and uncleanness; (11) Compensation for damages; (12) Transfer

of property; (13) Contracts; (14) Administration of the law.

Another theologian, Rabbenu Jakob, divided the code of laws into four

sections: (1) Divine worship, Sabbath, festivals, and fasts; (2) Things

forbidden and things permitted in satisfying our bodily desires; (3)

Marriages; (4) Civil laws.

The latter work was recast by Rabbi Joseph Caro, and in the new form,

with the new title Shulchan Aruch, it has become the standard work of

Jewish law and life, and its authority has been recognised and upheld

by Jews in the East and the West. Annotations (‏הגהות‎) were added by

Rabbi Moses Isserles, but his opinion, when differing from that of

Rabbi Joseph Caro, was only accepted by the Polish and German

Congregations, not by the Sephardim.

Rabbi Joseph Caro, Rabbenu Jakob, and Maimonides appear, in their

respective codes, not as legislators but as compilers. The Torah and

the Talmud were the sources from which they all drew their laws. But

laws, minhagim or customs, and institutions (‏תקנות‎) of a

post-Talmudic date were not neglected. Questions arising in the course

of time, through new and changed conditions of life, are, as a rule,

discussed and decided in notes and commentaries on the Shulchan Aruch.

There are also numerous special works on such occasional questions;

they are called “Responsa” (‏תשובות‎ “Answers,” or ‏שאלות ותשובות‎

“Questions and Answers”), and the importance attributed to them varies

according to the reputation of the respective authors.

What is the object of the Divine laws? This is a question that

naturally rises in the minds of those to whom they are addressed. But

the question has been anticipated by Him “who knoweth the thoughts of

the sons of man,” and the answer is found in clear and distinct words

in the fountain of living waters, the Torah, that never fails to

satisfy our thirst for truth: “Thou shalt keep his statutes and his

commandments which I command thee this day, that it may be well with

thee and thy children after thee” (Deut. iv. 40). “And now, O Israel,

what doth the Lord thy God require of thee, but to fear the Lord thy

God, to walk in all his ways and to love him, and to serve the Lord thy

God with all thy heart and with all thy soul: to keep the commandments

of the Lord and his statutes which I command thee this day, for thy

good” (ibid. x. 12, 13). It is for our benefit, for our well-being,

that the laws were revealed to us; they serve to make us good and

happy; they train us in the mastery over our appetites and desires, in

the practice of charity and justice, and in the conception of noble,

pure, and lofty ideas, and bring us nearer and nearer in perfection the

Being in whose image and likeness we have been created.

What share each individual precept has in the attainment of this end we

cannot state with certainty, because in the Torah the reason and

purpose of each precept is, with very few exceptions, withheld from us.

In many cases our reflection on the nature of a special law, or on the

context in which it occurs in the Pentateuch, leads to a discovery of

some reason for it. But, whatever reason we may thus discover, we must

not lose sight of the fact that it is we who have found it, we whose

knowledge is imperfect, and that we or others might in future discover

a better reason. If we, e.g., find that certain dietary laws serve to

train us in temperance, and see that the virtue of temperance is

frequently recommended in the Bible, we may well obey these dietary

laws, and strive to be temperate in every respect in accordance with

the spirit we detect in them. It would, however, be a gross error if,

believing the training in temperance to be their only object, we

assumed that we could neglect them, and attain the same object by

substituting our own insufficient knowledge and imperfect reason for

the Will and Wisdom of the most perfect Being. Moralists, our teachers

and preachers of ancient and modern times, have found in these precepts

an inexhaustible treasure of lessons exhorting to virtue and warning

against vice, and the great variety of inferences thus drawn from the

same source proves the error of those who imagine that their own

exposition is the only right one. Whatever reason we assign to a

religious precept, and whatever wholesome lesson we derive from it, our

first duty towards the commandment, and towards Him who commanded it,

is strict and unconditional obedience.

Maimonides, who may be considered as the representative of the school

which seeks to establish a rational explanation for all precepts,

admits that the reason we may assign to any of the commandments cannot

affect their validity and immutability, and we are bound to obey them,

although the supposed reason may be of a local or temporary character.

According to Maimonides, the object of the Law is to promote the

well-being of our body and the well-being of our soul; and every

commandment has therefore some bearing upon one of the following three

things: the regulation of our opinions, the removal of sin, or the

teaching of good morals. He does not except the “statutes” from this

rule, but confesses that in a few cases he is unable to show clearly

the relation of the commandment to any of these objects. He also

restricts the principle of rational interpretation to the main element

in each commandment, and does not apply it to its details; the latter,

as a rule, do not demand an explanation. He says:—

“The general object of the Law is twofold: the well-being of the soul

and the well-being of the body” (Guide, iii. 27). “I am prepared to

tell you my explanations of all these commandments (the so-called

chukkim or “statutes”), and to assign for them a true reason supported

by proof, with the exception of some minor rules and of a few

commandments. I will show that all these and similar laws must have

some bearing upon one of the following three things, viz., the

regulation of our opinions or the improvement of our social relations,

which implies two things: the removal of wrong-doing and the teaching

of good morals” (ibid. xxviii.). “The repeated assertion of our Sages

that there are reasons for all commandments, and the tradition that

Solomon knew them, refer to the general purpose of the commandments,

and not to the object of every detail. This being the case, I find it

convenient to divide the six hundred and thirteen precepts into

classes; each class to include many precepts of the same kind. I will

first explain the reason of each class of precepts, and show their

common object, and then I shall discuss the individual commandments and

expound their reasons. Only very few will be left unexplained, the

reason for which I have been unable to trace unto this day. I have also

been able to comprehend in some cases even the object of many of the

conditions and details of the laws as far as it can be discovered”

(ibid. xxvi.).

“It is also important to note that the Law does not take into account

exceptional circumstances; it is not based on conditions which rarely

occur.” “We must therefore not be surprised when we find that the

object of the Law does not fully appear in every individual case.”

“From this consideration it follows that the Law cannot, like medicine,

vary according to the different conditions of persons and times. Whilst

the cure of a person depends on his particular constitution at the

particular time, the Divine guidance contained in the Law must be

certain and general, although it may be effective in some cases and

ineffective in others. If the Law depended on the varying conditions of

man, it would be imperfect in its totality, each precept being left

indefinite. For this reason, it would not be right to make the

fundamental principles of the Law dependent on a certain time or a

certain place. On the contrary, the statutes and the judgments must be

definite, unconditional, and general, in accordance with the Divine

words: ‘As for the congregation, one ordinance shall be for you and for

the stranger’ (Num. xv. 15). They are intended, as has been stated

before, for all persons and for all times” (ibid. xxxiv.).

In the present treatise our religious duties will be expounded under

the following seven heads:—

1. Exposition of the Decalogue.

2. General ethical principles—

(a.) Duties towards God.

(b.) ,, ,, our fellow-men.

(c.) ,, ,, ourselves.

3. Outward reminders of God’s Presence.

4. Sabbath, Festivals, and Fasts.

5. Divine Worship.

6. Dietary Laws.

7. Jewish Life.

The Jewish religion · 第 51 / 151 题