forth his head into a public jurisdiction, and then drink, or vice versa. But if he does so, let him introduce his head and most of his body into the place in which he drinks, for as he wants the water, we fear lest he should take it to himself (into the place where he is standing). But it is lawful to stand in a private or public jurisdiction and drink in that which is called Karmelith." (Orach Chaiim, 349.) It is evident that no unlearned man can stand a fair chance with laws like these. He could not hope even to escape corporal punishment. But if the accurate observance of such laws was the condition of salvation, he would have reason to despair. The most honest desire to yield obedience and the utmost exertion of his understanding will not help him, nor compensate for his ignorance. If, for instance, he should conclude, because it is unlawful for himself to have his head in one jurisdiction and his body in another whilst he is drinking, that it would be equally unlawful for cattle in the same predicament to get food, he would be mistaken.

בהמה שהיתה רובה בחוץ וראשה בפנים אובסין אותה :

"A beast that has got most of its body outside, and its head inside, may be fed." And if he should take this as the general rule of his conduct, he would be mistaken again, for long-necked animals form an exception.

ובגמל עד שיהא ראשו ורובו בפנים הואיל וצוארו ארוך :

"But in the case of the camel, he must have his head. and most of his body inside, because his neck is long." (Hilchoth Shabbath, c. xxv. 1.) And so with endless cases which arise from this one distinction of places into four classes. Judaism is in all its parts a religion for the studious, and for them only. For an unlearned man to keep the Sabbath, as the oral law requires, is absolutely impossible. And after all, what good does it bestow upon

those who spend their life in the study? Does it improve the heart, or open more abundant views of the Divine mercy, or fill the soul with love to man? That it sharpens the wit and subtlety, we do not doubt, but that is but small profit to man in general. The criminal law of any country will do the same, and in truth the oral law is very little more than the Rabbinical criminal code. Its great subject is guilty and not guilty. And even in this it does not address itself to the conscience, and lead a man to consider the workings of the heart and the wanderings of the thought, and show him sin at its fountain-head. It is a mere dry detail of external observances, as may be seen from the numerous specimens adduced in these papers, and as might be shown more fully by translating the whole. If real devout feeling and improvement of the heart in the fear of God and the love of man be true religion, we might expect it, if anywhere, in the Sabbath laws. The Sabbath is that holy day which God has set apart to raise men's thoughts from earth to heaven. It is that period of sacred relaxation on which even the poor and the unlearned may lay aside their worldly cares and occupations, and meditate upon the love and will of God, and that eternity to which he is hastening. In the laws, then, respecting the observance of this day, we might naturally expect the spirit of devotion to be manifested; but in the oral law we look in vain for anything of the kind. Its directions about the Sabbath are one continued dry detail of external observances, which to a conscientious man acquainted with them, must constitute a load upon his conscience, sufficient to make the Sabbath the most unhappy day of all the seven. But as to the poor and labouring classes, who have no time for study, it is impossible that they should know, and much more that they should keep, all that is necessary for the right observation of the Rabbinic Sabbath. If,

therefore, the oral law were true, the poor must lose a large portion of the blessings, and even be in danger of perdition. Nay, if it be true, then we must believe that God has given a religion impossible to be observed by the poor, and offering great advantages to the rich and learned, that is, that He is a respecter of persons, though Moses and the prophets teach the contrary. But we would ask our readers, what use is it to them to profess a religion of which they can never attain a competent knowledge? We venture to affirm that the majority of Israelites do not know enough of the oral law to help them to keep the Sabbath, much less to observe the six hundred and thirteen commandments; can it be said, then, that they possess a religion with which they are not even acquainted? If the knowledge and practice of the oral law be necessary to constitute a true Jew, ninety-nine out of every hundred must give up their claims to the Jewish name. But then what is to become of the Jewesses, who are not even obligated to learn? Every rabbi will be willing to confess that the women at least are ignorant of the oral law. Can they then have a portion in the world to come? If the knowledge and practice of the oral law be necessary to salvation, they cannot. But if they can be saved without it, then it follows that God has given a law, the knowledge of which is not necessary to salvation. Let every Jew ask himself this question, Am I acquainted with all the precepts of the oral law? If not, can I be saved without this knowledge? If I cannot, then the Jewish religion is one which makes it impossible for the poor to be saved. If I can, then the Jewish religion is of no real use, for I can be saved even without knowing it. Such a religion cannot be from God. His religion is necessary to be known by every man, woman, and child in the world, and the knowledge of it is just as easy to be acquired by the poor and unlearned as

by the rich and studious. Let then the poor and the unlearned consider the folly of professing a religion, with which they can never hope to become acquainted, and let them return to the religion of Moses and the prophets, which, by the help of the God of Israel, every one can understand, at least so far as is necessary to salvation. The Bible, like everything that has God for its author, has beauties discoverable by the eye of the poor, at the same time that it has perfections to exercise the observation and skill of the most learned. And this holy book is the heritage of Israel, which the oral law can never be. The oral law may be the heritage and religion of the rabbies who know it, but it has no more to do with the religion of those who know it not, than the laws of the Chinese. The great majority of the Jewish people might just as well call themselves followers of Confucius. No man can be said to believe in doctrines which he does not know, and can never hope to know: and this is the case with ninetenths of the oral law.

No. XXXI.

RABBINIC EXCOMMUNICATION.

It is a fact, that the religion of the oral law has hitherto done but little to promote the temporal welfare of the Jewish people, and it is equally certain that, if supreme, it would destroy the happiness both of Jews and Gentiles. Its endless definitions would necessarily produce transgression. Its severity and readiness in excommunication would be the source of constant trouble to individuals and families, and the sanguinary spirit of its criminal code

would make the Jews a nation of mourners.

Indeed, we seriously doubt, whether any, but a few fanatics, wish to see the oral law vested with supreme power, and ruling over the lives and properties of the Jewish nation. Every reflecting Israelite must know that the Sanhedrin, wielding the absolute power ascribed to it in the Rabbinic traditions, would be the most oppressive tribunal that ever lorded it over the consciences of men. But we must remember that it would not be with the Sanhedrin and other tribunals alone, that the Israelites would have to do. Every rabbi, and every disciple of a wise man, would have the right of excommunicating any one who offended them. After determining that the tribunals can and ought in certain cases to excommunicate, the oral law adds

וכן החכם עצמו מנדה לכבודו לעם הארץ שהקפיר בו ואין צריך לא עדים ולא התראה • ואין מתירין לו עד שירצה את החכם : ואם מת החכם באין שלש ומתירין לו • ואם רצה החכם למחול לו ולא לנדהו הרשות בידו :

"And in like manner the wise man himself may, on account of his honour, excommunicate an unlearned man who has treated him with contumely, and there is no need of witnesses nor admonition. And the excommunicate person is not to be absolved until he appease the wise man. But if the wise man die, three persons come and absolve him. If, however, the wise man wish to pardon, and not excommunicate him, the power is in his own hand." (Hilchoth Talmud Torah, c. vi. 12.) From this law we see that the restoration of Rabbinic power would be the most oppressive system of government ever devised. Every learned man would be a petty tyrant, constituting both judge and jury in his own person, and able, at his own caprice, to inflict a severe punishment. The most absolute aristocracy of the feudal times never dared to assume or exercise a power so monstrous and so oppressive. No