“It is forbidden to a disciple to call his Rabbi by name, even when he is not in his presence.” Another law, still extant, prescribes the formula of greeting or salutation:—
ולא יתן שלום לרבו או יחזיר לו שלום כדרך שנותנים לריעים ומחזירים זה לזה אלא שוחה לפניו ואומר לו ביראה וכבוד שלום עליך רבי ׃
“Neither is he to salute his Rabbi, nor to return his salutation in the same manner that salutations are given or returned amongst friends. On the contrary, he is to bow down before the Rabbi, and to say to him, with reverence and honour, Peace be unto thee, Rabbi.” The Rabbinical Jews, who see this, must not mistake us. We do not consider it in anywise sinful, but decorous, to treat a Rabbi with all due respect. We should feel no objection ourselves to make a bow to a Rabbi, and to salute him in the prescribed formula. But we cite these laws to show that the New Testament gives a fair representation of the Pharisees: for men, who could gravely sit down and enter into all these details of the mode in which they were to be honoured, and then give out these laws as divine, and, besides all this, call in the civil power to enforce them, must have had no mean idea of themselves and their own dignity. It must never be forgotten that these laws are not the mere regulations of a religious community. When the Rabbies had the power in their own hands, they enforced them by civil sanctions. They were not satisfied with excluding despisers of Rabbinical authority from eternal life, they prosecuted such before the tribunals, and sentenced them to a pecuniary fine and excommunication, as may be seen from the following law:—
וכל המבזה את החכמימ אין לו חלק לעולם הבא והרי הוא בכלל כי דבר יהוה בזה ׃ אף על פי שהמבזה את החכמים אן לו חלק לעולם הבא אם באו עדים שבזהו אפילו בדברים חייב נדוי , ומנדין אותו בית דין ברבים וקונסין אותו ליטרא זהב בכל מקום ונותנין אותו לחכם והמבזה את החכם בדברים אפילו לאחר מיתה מנדין אותו בית דין וכו׳ ,
“Whosoever despises the wise men has no share in the world to come. But notwithstanding this, if there come witnesses to prove that he has been guilty of contempt, even in words, his sentence is excommunication, and the tribunal (house of judgment) excommunicates him publicly, and everywhere mulct him in a pound of gold, and give it to the wise man. He that despiseth a wise man in words, even after his death, is to be excommunicated by the tribunal,” &c. We now ask the Jews of modern times what they think of those who made their own personal honour the subject of legislation, who required the same reverence for their words as the Word of God, and who dragged up him that refused it before a tribunal, had him sentenced to pecuniary fine, and excommunication; and, besides all this, excluded him from the hope of everlasting life? Had such men any idea of liberty of conscience?
No. III.
RABBINIC INJUSTICE TO WOMEN, SLAVES, AND GENTILES.
If any of our readers should think that the design of these papers is to represent the oral law as a system of unmixed evil, we beg to assure them that they are mistaken. We are fully aware that a system based on the law and the prophets, must and does contain much that is good and worthy of admiration. Of this nature is the general command to all Israelites to study the law, which is as follows:—“Every man of Israel is bound to study the law. Whether he be poor or rich, healthy or unhealthy, young or old, yea, though he live upon alms, and beg from door to door, and though he have a wife and children, he is bound to set apart a fixed time for the study of the law, by day and by night, as it is written, ‘Thou shalt meditate therein by day and by night,’” And again, the maxim, “Every one that is bound to learn is also bound to teach;” and that, “therefore, a man is bound to teach his son and his son’s son,” &c., is in accordance with the plain command of God, and is therefore good. But the explanation and development of these good principles shows that the system itself is radically bad, and therefore cannot be from God. No one will deny that the Rabbies are right in asserting the obligation resting on every Israelite to study the law: but they are wrong in their explanation of what the law is. Immediately after the above good command, the oral law goes on to say, “Every one is bound to divide the time of his study into three parts: one-third to be devoted to the written law; one-third to Mishna; and one-third to Gemara:” so that the written law of God is to have only half as much attention as the traditions of men. This is bad enough. But the Rabbies do not stop here. They go on to say, that this third of attention is only required when a man begins to study, but that when he has made progress, he is to read the law of God only at times, and to devote himself to Gemara.
בד׳׳א בתחלת תלמודו של אדם אבל כשיגדיל בחכמה ולא יהא צריך לו ללמוד תורה שבכתב ולא לעסוק תמיד בתורה שבעל פה יקרא בעתים מזומנים תורה שבכתב ודברי השמועה כדי שלא ישכח דבר מדברי דיני תורה ויפנה כל ימיו לגמרא ׃
“What has been said refers only to the beginning of a man’s learning, but as soon as a man becomes great in wisdom, and has no need of learning the written law, or of labouring constantly in the oral law, let him at fixed times read them, that he may not forget any of the judgments of the law, but let him devote all his days to Gemara.” It is to be observed that “oral law” is here taken in a limited sense, as referring to the expositions of the written law, or, as Rabbi Joseph Karo[[2]] explains it, the Mishna; and Gemara signifies the legal decisions which are inferred by a process of reasoning, and to this third topic of Jewish theology the Israelites are commanded to give the chief of their time and attention, rather than to the written Word of God.
The apparent excellence of the above command to study the law is thus utterly destroyed by the Rabbinical exposition of what is to be studied. And if we go on to inquire upon whom this command is binding, the Rabbinical answer will afford just as little satisfaction. When the Rabbies say, that “every man of Israel is bound to study the law,” they mean to limit the study to the men of Israel, and to exclude the women and slaves. The very first sentence of the Hilchoth Talmud Torah is