וגדי הוא כולל ולד השור ולד השה ולד העז עד שיפרוט ויאמר גדי עזים ׃
“Kid includes the young of kine, of sheep, and of goats, so that to particularize, the word goat is added as ‘a kid of the goats.’” And so Rashi also affirms in his commentary. Aben Ezra, however, has saved us the trouble of giving a refutation of our own, for he says—
ואיננו כן כי גדי לא יקרא רק שהוא מהעזים ובלשון ערבי הוא גדי ולא יאמר על מין אחר , רק יש הפרש בין גדי ובין גדי עזים כי גדי גדול מגדי עזים כי עודנו צריך היותו עם העזים וככה שעיר ושעיר עזים וחכמים קבלו שלא יאכלו ישראל בשר בחלב ׃
“This is not so, for nothing is called kid except the young of the goats; and in Arabic the word has the same signification, and is never applied to any other species. But there is a difference between kid and kid of the goats, for the former is larger, and it is necessary for the latter still to be with the goats; and the same thing is true of שעיר, which is used in the same way. It is by tradition that the wise men received, that Israel should not eat meat in milk.” (Comment. in Exod. xxiii. 19.) Thus Aben Ezra, himself a most learned rabbi, confesses that the words of the written law restrict the prohibition to one particular case, and that the rest is mere matter of tradition. Of course if it could be proved that this tradition came from God through Moses, it would be equivalent to the written law, but there is no attempt to prove anything of the kind. The authors of the oral law calculated throughout upon the blind credulity of their followers, and therefore here, as elsewhere, there is an entire absence of proof. Indeed, the tradition itself bears the plain mark of forgery. How can any one possibly believe that, if God meant to forbid meat and milk entirely, he should first express himself incorrectly, and then leave the correction of the error to uncertain tradition? If the command had only been once noticed, it would have been hard to believe such a thing; but when we remember that this command is thrice repeated, in Exod. xxiii. 19, xxxiv. 26, and Deut. xiv. 21, it is plainly incredible. Thrice is the command written, and thrice it is restricted to one particular case, and yet the rabbies have dared to make unauthorized additions of their own, and their followers to this day exalt them to a level with the laws of God. It cannot be replied that the rabbies would not commit such wickedness as this, for every one who knows anything of the oral law, knows that a great proportion of it consists merely of the words of the Scribes, acknowledged as such, and distinguished by that name from the supposed traditions from Sinai. Thus in the constitutions before us, it is plainly confessed that the written law allows the flesh of wild animals and of fowl in milk, and yet the rabbies forbid it:—
וכן בשר חיה ועוף בין בחלב חיה בין בחלב בהמה אינו אסור באכילה מן התורה לפיכך מותר לבשלו וםותר בהנאה , ואסור באכילה מדברי סופרים כדי שלא יפשטו העם ויבואו לידי איסור בשר בחלב של תורה ויאכלו בשר בהמה טהורה בחלב בהמה טהורה שהרי אין משמעות הכתוב אלא גדי בחלב אמו ממש לפיכך אסרו כל בשר בחלב ׃
“And thus the flesh of a wild animal or of fowl, whether in the milk of a wild or tame animal, is not forbidden as food by the written law, and therefore it is lawful to boil it, and to profit by it. But according to the words of the scribes, it is unlawful to eat it, lest the people should go farther, and be led into a transgression of the written law, and eat the flesh of a clean beast in the milk of a clean beast: for the letter of the written law refers only to a kid in its mother’s milk in the strictest sense; therefore the wise men have forbidden all meat in milk.” In this there is no equivocation, but a simple confession that the rabbies have taken upon themselves to forbid what God has allowed; and have, without ceremony or scruple, made great additions to his law. It matters little what the motive was, the conduct itself is in the highest degree presumptuous. The pretence, that these additions were made only for the purpose of keeping the people far removed from sin, will not serve as a ground of justification. If God had desired such precautionary measures, as being either necessary or beneficial, he would have prescribed them himself. If he did not prescribe them, and the rabbies themselves confess that he did not, but that they are the words of the scribes, then they can be neither necessary nor beneficial, unless we can believe what it would be blasphemy to assert, that is, that God’s law was imperfect until it was mended by the scribes. It is truly astonishing that men professing respect for the law of Moses should treat it with such indignity, and still more so that those who appear so anxious to avoid transgression, should themselves systematically transgress that plain command.
לא תוסיפו על הדבר אשר אנכי מצוה אתכם ׃
“Ye shall not add unto the word which I command you.” (Deut. iv. 2.) But the most extraordinary thing of all is, that the modern Jews should pride themselves on the purity of their faith, and think that they only of all the nations serve the true God and him only, when they are in truth serving the authors of the oral law, and dividing their religious obedience between God and the rabbies. If the rabbinic additions were specimens of profound wisdom in legislation, or had a tendency to promote either the moral or temporal welfare of mankind, there would be some excuse, but what shall we say of those who transgress a plain command for the sake of such an addition as the following:—
הבשר לבדו מותר והחלב לבדו מותר ובהתערב שניהם ע׳׳י בישול יאסרו שניהם , במה דברים אמורים שנתבשלו שניהם ביחד או שנפל חם לתוך חם או צונן לתוך חם אבל אם נפל אחד משניהם והוא חם לתוך השני והוא צונן קולף הבשר כולו שנגע בו החלב ואוכל השאר ואם נפל צונן לתוך צונו מדיח החתיכה ואוכלה ׃
“The flesh by itself is lawful, and the milk by itself is lawful, but as soon they are mixed together by means of boiling (or cooking) they both become unlawful. In what cases does this hold? When both are boiled together, or when one being hot falls into the other also being hot, or when one, cold, falls into the other hot. But if one of them being hot falls upon the second being cold, then all that part of the meat which was touched by the milk is to be peeled off, and the remainder may be eaten. But if one in a cold state falls upon the other also cold, then that piece is to be washed, and after that may be eaten.” (Hilchoth Maakhaloth Asuroth, c. ix. 17.) We have, in the first place, an unwarranted extension of the divine command. God has simply forbidden to seethe a kid in its mother’s milk. The rabbies first extend this to the young of kine, and sheep. Then they advance another step and forbid the boiling or cooking of any sort of meat in milk, and now we have seen another advance still, whereby even any mixture of flesh and milk is strictly forbidden. Thus the rabbies aim at universal dominion, and are satisfied with nothing short of an entire subjugation of the heart and conscience. Other tyrants must rest satisfied with the enslavement of the body, but cannot touch the thought. The authors of the oral law attack the liberty of thought, and intrude even into the kitchens of their victims. They are determined that their followers shall not eat excepting as they please, and boldly invade the prerogative of God himself, by forbidding the food which he provides for his people. But this extract presents, in the second place, an outrage on common sense. If milk and meat each be lawful by itself, how can the mixture make them unlawful? Whatever God forbids is unlawful, no matter whether we understand the reason or not. But here the rabbies themselves acknowledge that God has not forbidden this mixture; but that the prohibition is entirely their own invention. We are therefore bound to use our senses, if God has given us any, and to ask a reason why. Then, again, why should that which is lawful when cold, be made unlawful by being hot? It may be said, that this is a matter of little importance. In itself it is; but as a burden on the consciences of men, it is of the very highest importance, and as a cheat upon the ignorant it is more important still. In many countries, these and similar inventions constitute the whole religion of the ignorant, and especially of the women. The oral law affirms that it is not necessary to teach women the law of God, but it is almost a matter of life and death that they should know these rabbinic laws about meat and milk. If a woman is unable to read the Word of God, and is as ignorant as a heathen, of God’s will, the rabbies think that is a trifle. But if a woman were, through ignorance to serve up meat with any admixture of milk, the whole family would be in an uproar, and the rabbi himself would have to be consulted about a remedy for so dreadful a calamity. The consequence is, that with the mass of the uneducated, accuracy in these observances passes for piety, and these poor beings hope that they are going straight to heaven, when they are utterly devoid or ignorant of that holiness, truth, and purity, which are the first essentials for admission into the presence of God. Thus the oral law destroys the souls of multitudes, but others will have to answer for their blood. All who uphold the system must share in the responsibility. The rabbies who teach, the learned Jews who aid and abet, the priests and Levites to whom God has committed the pastorship of his people, but who neglect their sacred office, all will have to answer for the souls of the lost. But most of all those who know that these things are wrong, who themselves eat meat and milk, and laugh at rabbinic superstition, and yet are insensible to the miseries of their poor and ignorant brethren. Every one practically acquainted with the working of these laws, knows not only that they beget a false notion of religion, but that they are also a torment in this life. In domestic and culinary economy, accidents will happen. Meat may fall into milk, or milk into a pot of meat. Misery and vexation are the consequence, and if the unfortunate woman to whom the accident has happened cannot get satisfaction at home, she must go to the rabbi to inquire what is to be done. For instance—