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 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 צורך 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 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 הדליקה בי"ט 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 spot 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 31 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 אסור מוקצה שהמוקצה אסור ביום טוב ומותר בשבת מפני שיום טוב קל משבת אסרו בו המוקצה שמא יבאו 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 העומד 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 hatching eggs, and an

that is kept for the purpose of ox that is kept for ploughing,

L