Imágenes de páginas
PDF
EPUB

collect the principal persons among the Jews in an Assembly; and then, through the means of Commissioners, whom we shall nominate for the purpose, to communicate our intentions; and who will, at the same time, learn their wishes in respect to such means as they may deem most expedient to awaken among their brethren the exercise of the arts and useful professions of life, in order that an honest industry may take the place of those scandalous resources, to which so many persons among the Jews have given themselves up, from the father to the son, for several years past.

The Jewish deputies assembled at Paris, July 15th, 1806, and were met by the Emperor's Commissioners.

At their second sitting, the Commissioners of the Emperor, after an introductory speech from M. Mole, who was at their head, put the following questions to them, requiring them, after due deliberation, to answer each separately and fully:

1. Is the Jew permitted to marry more than one wife?

2. Is divorce permitted by the Jewish religion?

3. Can a Jewess intermarry with a Christian, or Christian female with a Jew? or does the law prescribe that Jews should alone intermarry?

4. Are the French in the eyes of the Jews brothers or aliens ?

5. What, in all cases, are the connexions which their law permits them to maintain with the French, who are not of their religion?

6. Do the Jews who were born in France, and have been treated as French citizens by the laws, consider France as their native country? Are they bound to defend it? Are they under an obligation to obey the laws, and to follow all the regulations of the civil code ?

7. Who are they who are called Rabbins?

8. What civil jurisdiction do the Rabbins exercise among the Jews? What power of punishment do they possess?

9. Are the mode of choosing the Rabbins, and the system of punishment, regulated by the Jewish laws, or are they only rendered sacred by custom.

10. Were the Jews forbidden by their laws to take usury of their brethren? Are they permitted to do this of strangers ?

11. Are those things proclaimed which are forbidden to the Jews by their law?

Extract from the Procés Verbal of the First Sitting of the Israelites of France and the Kingdom of Italy, Feb. 6, 1807. The Deputies of the empire of France and the kingdom of Italy in the Hebrew Synod, decreed on the 30th of May last, are penetrated with gratitude for the benefits which the Christian Clergy have successively bestowed upon them, in past ages, in various parts of Europe. Full of acknowledgement for the reception which divers pontiffs, and other ecclesiastics, have given, at different times, to the Israelites of different countries, when barbarism, prejudice, and ignorance united to persecute and expel the Jews from the bosom of society; this Assembly has determined, That these expressions of their grateful sentiments shall be registered in the Procés Verbal of this day, as an authentic testimony of the sense entertained by the Israelites of this Assembly of the benefit which their ancestors have received from the ecclesiastics of different countries in Europe: and they have also resolved, that a copy of this Procés Verbal shall be transmitted to his Excellency the Minister of Public Worship. Signed) FURTADO,

AVIGDOL, Secretary.

Preamble.

Blessed be the Lord God of Israel for ever, who has placed upon the throne of France, and over the kingdom of Italy, a Prince after his own heart!-God has witnessed the humiliation of the descendants of ancient Jacob, and has chosen Napoleon the Great to be the instrument of his mercy. God only is the judge of the thoughts: he alone gives law to the conscience: his precious anointed One has permitted that every one shall worship God according to his faith and belief. Under the shadow of his name, security has entered into our hearts and dwellings; and from hence we may build, sow, reap, and cultivate the sciences; and, belonging to the great Family of the State, we may serve him, and glory in his high destinies.-His superior wisdom has permitted that this Assembly shall be celebrated in our annals; this Assembly, the decisions of which have been dictated by virtue and experience, has re-appeared, after a succession of fifteen years, again to contribute to the benefits of Israel.

Re-united, at present, under his powerful protection in his good city of Paris, to the number of seventy-one Doctors of

the Law and Notables of Israel, we have constituted ourselves a Sanhedrin, in order to find in ourselves the means and the power of rendering our religious ordinances conformable to the principles of our holy laws, which may serve as a rule and example to all the Israelites. These ordinances will convince all nations that our dogmas are consistent with the civil laws by which we are governed, and do not exclude us from the society of other nations.

Consequently, we declare that the Divine Law, the pious heritage of our ancestors, contains conditions both religious and political; and that the religious conditions are by their nature, absolute and independent of times and circumstances; but that it is by no means the same with respect to the political, viz. those which constituted the government which was appointed to sway the people of Israel in Palestine, when they had their kings, their priests, and their magistrates. These dispositions have not been, nor can be applicable, since the nation has no longer formed a political body! but, in consecrating this distinction, already established, the Grand Sanhedrin declares an incontestable fact; viz. that the Doctors of the Law assembled in a Sanhedrin, can alone determine upon the consequences derived from it; and that, if the ancient Sanhedrins have not done it before, it is because political circumstances did not render it necessary; and that since the total dispersion of Israel no Sanhedrin had been assembled, the present excepted.

Engaged at present in this pious design, we invoke the Divine Light, from whence all good proceeds. We acknowledge ourselves bound to concur, as far as in us lies, in putting the last hand to the moral regeneration of Israel. Thus, by virtue of the right conferred upon us by our sacred laws and customs, and which have determined that the faculty of decerning according to the exigency of the case, resides essentially in the Assembly of the Doctors of the age, and which also requires the observance of the said laws, whether they be written or traditional; we shall, therefore, proceed in the object of prescribing a religious obedience to the laws of the State in matters of a civil and political nature.

Penetrated with this sacred maxim, that the fear of God is the principle of all wisdom, we lift our eyes to heaven, we spread our imploring hands towards

the Sanctuary, and we implore the Creator of heaven and earth, that he will deign to enlighten us in the paths of virtue, in order that we may lead our brethren in the same, for their own happiness, and that of their posterity. Finally, in the name of the Lord our God, we command all our co-religionists, of both sexes, faithfully to observe our declarations, statutes, and ordinances; and we shall look upon all persons in France, or the kingdom of Italy, who may violate or neglect the observation of these statutes, as transgressing notoriously against the will of the Lord God of Israel.

Article I.-Polygamy.

The Grand Sanhedrin legally assembled on the 9th day of February, 1807, and, by virtue of its inherent powers, examining whether it is lawful for the Hebrew to espouse more than one wife; penetrated with the principle generally consecrated in Israel; viz. that submission to the laws of the State in civil and political matters, is a religious duty: they acknowledge and declare, that Polygamy, permitted by the law of Moses, is a simple faculty, which our Doctors have made subservient to the means that an Israelite, may possess of maintaining more than one wife; and that, since the earliest period of our dispersion, the Israelites spread over the West have generally renounced Polygamy, being persuaded of the necessity of making their customs harmonize with the civil laws of the States in which they are settled; this custom they have renounced as a practice inconsistent with the manners of other nations. It was in order to pay a proper respect to principles of conformity in civil matters, that the Jewish Synod, convoked at Worms, in the Jewish year 4790, the Rabbin Guerson presiding, pronounced an anathema against every Israelite in that country who should marry more than one wife. This custom is entirely dropped in France and Italy, and in almost all the states of the European Continent; where it is extremely rare to find an Israelite who dares to infringe upon the law of nations with respect to Polygamy.

Consequently the Grand Sanhedrin, wisely deliberating upon the importance of maintaining the custom adopted by the Israelites spread over Europe, and wishing to confirm, as far as may be necessary, the aforesaid decision of the

Synod of Worms, decrees and ordains the following as a religious precept :

"That it is prohibited to all the Israelites in every nation where Polygamy is forbidden by the civil laws, and particularly to those who inhabit the empire of France and the kingdom of Italy, to espouse a second wife during the life of the former, unless a divorce, obtained consistently with the decisions of the civil code, shall be previously granted, and afterwards followed up with a religious divorce, by which the bands of the first marriage shall have been completely dissolved.”

Article II.-Divorce.

The Grand Sanhedrin having considered how necessary it is to establish a harmonious correspondence between the Hebrew marriages and the civil codes of France and the kingdom of Italy upon the same subject; and considering that it is a principle of religion to submit to the civil laws of the Stute; they acknowledge and declare, that the divorce allowed by the law of Moses is not available, unless it effects the absolute dissolution of all connexion between the persons before joined together, even in a civil sense; and that, according to the dispositions of the civil code, which governs both the French and the Italians, a divorce cannot be determined until the tribunals have also decided upon it by a definitive sentence. It therefore follows, that a divorce, according to the law of Moses, cannot have the full and complete effect which it ought to have, because one of the parties concerned may be able to prevail against the other, merely through default of the intervention of the civil authority, in the dissolution of the conjugal tie.

The Grand Sanhedrin, therefore, by virtue of the power with which it is invested, decrees and ordains, as a point of religion-"That, henceforth, no repudiation or divorce can be made good according to the forms established by the law of Moses, until the marriage shall have been dissolved by the competent authorities, and according to the forms prescribed by the civil code."

Consequently, every Rabbin in France and Italy is expressly prohibited from assisting in his ministration, in any act of repudiation or divorce, unless the civil judgment has previously decided upon it; and the same has been produced to

him in good and lawful form: The Sanhedrin declares, That any Rabbin who shall infringe upon the present Statute of religion, shall be looked upon as unworthy to continue in the exercise of his functions.

Article III.- Marriage.

The Grand Sanhedrin, considering, that in the French Empire, and the Kingdom of Italy, no marriage can be legal, unless it is preceded by a civil contract before the Public Officer, by virtue of the power with which the Sanhedrin is invested, decrees and ordains, That a religious obligation is imposed upon every Israelite in France, and the Kingdom of Italy, henceforth, to regard every marriage civilly contracted as an important obligation. Every Rabbin, and every other person in both States, is, therefore, prohibited to assist in his ministry in any religious act of marriage, unless it shall appear that this act of the persons concerned, has been previously sanctioned before the Civil Officer, according to the law. The Grand Sanhedrin farther declare, that marriages between Israelites and Christians, contracted and performed according to the civil code, are obligatory and binding in a civil sense; and though these marriages cannot, in the nature of things, be celebrated in the religious forms peculiar to the Jews, the persons thus engaging themselves shall not be subject to any anathema.

Article IV.-Fraternity.

The Grand Sanhedrin, considering that the opinion of the nations among whom the Israelites have fixed their residence for several ages, has left them in doubt relative to the sentiments of the latter respecting fraternity and sociality with strangers; and so far, that neither in France, nor the Kingdom of Italy, do they appear to have determined upon the question, "Whether the Israelites of these places look upon their fellow-citizens as brothers, or merely as strangers ?" Therefore, to dispel all doubts upon this subject, the Grand Sanhedrin declares, That according to the law given by Moses to the Children of Israel, they are commanded to look upon those nations who acknowledge God the Creator of heaven and earth as their brethren, among whom they enjoy the advantages of civil society, or only a benevolent hospitality, The Holy Scripture commands us to

love our neighbour as ourselves; and since we acknowledge, conformably to the will of God, that it is no more than justice not to do to another that which we would not have done to ourselves, it would be contrary to these maxims, should we cease to regard our fellow-citizens, French and Italian, as our brothers.According to the doctrine generally received by the Doctors of the greatest authority among the Israelites, and in fact, by every Israelite, who is not ignorant of his religion, it is the duty of every one to aid, protect, and regard his fellowcitizens; and in every respect, civil and moral, to treat them the same as persons of the same faith and belief.-And as the Mosaic religion enjoins the Israelites to receive strangers who come to reside among them with so much hospitality and respect, with much greater reason they are commanded to act upon the same sentiments towards the individuals of those nations who have received them into their bosom; who protect them by their laws, defend them with their arms, and permit them to worship God, in their own form and manner; and who, as in France and Italy, admit them to a participation in every civil and political right.

According to these considerations, the Grand Sanhedrin enjoins every Israelite of the Empire of France, the Kingdom of Italy, and all other places, to live with the subjects of those States where they dwell, as their fellow-citizens and brothers, since they acknowledge God the Creator of heaven and earth; and because this is the sense both of the letter and the spirit of our Holy Law.

Article V.-Moral Relations. The Grand Sanhedrin, wishing to determine what are the relations which the law of Moses prescribes to the Jews towards the individuals of the nations among which they live, and which, professing another religion, acknowledge God, the Creator of heaven and earth, declares :

That every individual professing the religion of Moses, who does not practise justice and charity towards all men adoring the Eternal, independently of their particular creed, sins essentially against the law of Moses.

That, in the eye of justice, every thing prohibited by the Holy Scripture as being contrary to it, is absolute and without respect of persons.

That the Decalogue and the sacred books containing the commandments of God, in this respect establish no particular relation, and indicate neither quality, nor condition, nor religion, to which they exclusively apply; in short, that they are common to the relations of the Israelite with all men in general; and that every Israelite who infringes them towards any person, be he who he may, is equally criminal and reprehensible in the eyes of the Lord.

That this doctrine is also taught by the Doctors of the Law, who never cease to preach the love of God and of his creatures (Traité d'Abot, chap. vi. sect. 6); and who formally declare that the recompenses of life eternal are reserved to the virtuous men of all nations. That we find, in the Prophets, multiplied proofs which establish, that Israel is not the enemy of those who profess a different religion; that, with respect to charity, Moses, as has been already observed, prescribes it, in the name of God, as an obligation; "Love thy neighbour as thyself; for I am the Lord."

"But the stranger that dwelleth with you shall be as one of yourselves, and thou shalt love him as thyself; for ye were strangers in the land of Egypt; I am the Lord your God." Lev. xix. 34. David says, "The mercy of God extends to all his works." Ps. cxlv. 9. "What does the Lord require of you?" says Micah; nothing more, than "to be just, exercise charity." Micah vi. 8. Our Doctors declare, "That a man who pities the misfortunes of his fellow-creatures is, in our eyes, as if he was an issue of the blood of Abraham." Hirubin chap. vii.

That all Israelites, in their conduct towards the descendants of Noah, shall love them as their brethren, whatever be their religion; shall visit their sick and bury their dead; shall assist their poor as those of Israel; and that there is no act of charity nor work of mercy with which they can dispense towards them.

According to these motives, grounded upon the spirit and letter of the Holy Scripture,

The Grand Sanhedrin prescribes to all the Israelites, as a duty essentially religious, and inherent in their creed, the habitual and constant practice towards all men acknowledging God the Creator of heaven and earth, whatever religion they profess, of acts of justice and cha

rity, the performance of which is prescribed to sacred books.

Article VI.-Civil and Political Relations.

The Grand Sanhedrin, penetrated with the utility which should result to the Israelites from an authentic declaration, which fixes and determines their obligations as members of the state to which they belong; and wishing that no person should be ignorant what are, in this respect, the principles which the Doctors of the law and the chief men of Israel profess and prescribe to their fellow worshippers in the countries where they are not excluded from all the advantages of civil society, particularly in France and the kingdom of Italy, declares,

That it is the religious duty of every Israelite born and educated in a state, or who shall become a citizen by residence or otherwise, to conform to the laws which determine the condition of citizenship, to regard the said state as his country.

That those duties which flow from the nature of things which are conformable to the destination of men in society agree with the word of God also.

Daniel says to Darius, "That he was only saved from the fury of the lions because he was equally faithful to his God and his king.”— Daniel vi. 23.

Jeremiah recommends to all the Hebrews to regard Babylon as their country: "Concur with all your might in its welfare."-Jeremiah v. We read in the same book, the oath which Gedaliah administered to the Israelites : "Fear not," he tells them, "to serve the Chaldeans; live in the country, be faithful to the king of Babylon, and you shall live happily."-Jeremiah xxiv. 21.

"Fear God and the king," says Solomon.-Prov. xxiv. 21.

That every thing prescribes to the Israelite to have towards his prince and his laws the respect, the attachment, and the fidelity which all his subjects owe to him as a tribute.

That every thing obliges him not to separate his own interest from that of the public, nor his destiny, or that of his family, from the destiny of the great family of the state that he ought to be afflicted at its reverses of fortune, congratulate in its triumphs, and concur with all his faculties to the welfare of his fellowcitizens.

In consequence of this the Grand Sanhedrin ordains, That every Israelite born and educated in France and the kingdom of Italy, and treated by the laws of the two States as a citizen, is obliged religiously to regard them as his country, to serve them, to defend them, to obey the laws, and to conform himself in all his transactions to the dispositions of the civil code:

And, moreover, the Grand Sanhedrin declares, That every Israelite called to the military service is freed by the law, during the term of that service, from all religious observances irreconcileable with his own tenets.

Article VII.-Useful Professions.

The Grand Sanhedrin wishing to inform the Israelites, particularly those of France and Italy, of the necessity under which they are, and the advantages which will result from their devoting themselves to agriculture, of possessing landed estates, and of exercising arts and callings, of cultivating the sciences which admit of their embracing the liberal professions; and considering that for a long time the Israelites of the two countries have been under the necessity of renouncing, in a great measure, mechanical labour, and chiefly the culture of the ground, which was, in ancient times their favourite occupation; this disadvantageous renunciation must be attributed to the vicissitudes of their state, to the uncertainty in which they were, as well as with respect to their personal security as with regard to their property; as also to the obstacles of all kinds which the regulations and the laws of nations opposed to the free development of their industry and activity:

That this renunciation is not merely the result of the principles of their religion, or of the interpretation which their Doctors, both ancient and modern, give of them, but rather an unhappy effect of the habits which the privation of the free exercise of their industrious faculties has made them contract:

That it results, on the contrary, from the letter and spirit of the Mosaic legislation, that manual labour was held in honour among the Children of Israel : and that there is no mechanical art which is interdicted to them by name, since the holy Scripture invites them, and recommends to them, to occupy themselves in this manner:

7

« AnteriorContinuar »