2dly, The oral law is wrong in this general application, for it contradicts the written law—God expressly distinguishes between these and the other nations—“When thou comest nigh unto a city to fight against it, then proclaim peace unto it. And it shall be, if it make thee answer of peace, and open unto thee, then it shall be, that all the people that is found therein shall be tributaries unto thee, and they shall serve thee.... Thus shalt thou do unto all the cities which are very far from thee, which are not of the cities of these nations. But of the cities of these people, which the Lord thy God doth give thee for an inheritance, thou shalt save alive nothing that breatheth, but thou shalt utterly destroy them; the Hittites, and the Amorites, the Canaanites, and the Perizzites, the Hivites, and the Jebusites; as the Lord thy God hath commanded thee.” (Deut. xx. 10, 18.) In the first case God commands mercy—in the second, extermination. And if, as in the first case, he commands merciful dealing even to a nation at war with Israel, much more does he command it towards those, with whom Israel is not at war.
3dly, The written law not only gives a general rule, but lays down exceptions founded on certain principles. “Thou shalt not abhor an Edomite, for he is thy brother; thou shalt not abhor an Egyptian, because thou wast a stranger in his land.” (Deut. xxiii. 7.) Now the Egyptians were idolaters, yet God commands the Israelites not to abhor them, and gives a reason which will now apply to most nations of the earth—“Because thou wast a stranger in his land.” Suppose, then, that a Rabbinist were to see an Egyptian drowning, is he to show him mercy? To say, No, will contradict the written law; and to say, Yes, will overthrow the monstrous fabric of Rabbinic legislation respecting idolaters.
4thly, The general practice of the Israelites, as described in the subsequent books of the Old Testament, directly contradicts the oral law. We have seen already that the Prophet Daniel did not hold the doctrine, that no mercy was to be shown to an idolater. When he knew of the judgment that was about to descend on Nebuchadnezzar, he was deeply distressed. “He was astonied for one hour, and his thoughts troubled him;” and instead of leaving the idolater to perish, he endeavoured to find means to ward off the calamity. The prophet Elisha was of the same mind: when the idolatrous leper came to him for help, he administered it, and, contrary to the Talmudic command, he administered it gratuitously; and Gehazi, for acting in conformity to Talmudic ordinance, and making the idolater pay, was smitten with the leprosy. (2 Kings v. 20.) In like manner, when the Syrian host was miraculously led into Samaria, and the King of Israel proposed to act as a Talmudist and smite them, the man of God answered, “Thou shalt not smite them; wouldest thou smite those whom thou hast taken with thy sword and bow? Set bread and water before them, that they may eat and drink and go to their master.” (2 Kings vi. 21, 22.) This answer is important, as it not only furnishes an example, but exhibits the principle, according to which idolatrous captives, not Canaanites, were to be treated. The prophet appeals to the general rule, “Wouldest thou smite those whom thou hast taken captive with thy sword and bow? Even then, as they are not Canaanites, they ought not to be smitten: therefore, in this case much more, they ought to be treated with mercy.” We have still another instance of a prophet acting contrary to the oral law, and in conformity with the New Testament interpretation. The prophet Jonah once saw idolaters “nigh unto death,” and ready to sink in the great deep, but he had mercy on them, and pointed out the means of deliverance. When he fled from the presence of the Lord, the mariners in whose ship he sailed were idolaters; for when the storm raged, it is said, “They cried every man unto his god.” In their anguish they said unto him, “What shall we do unto thee, that the sea may be calm unto us?” In other words, “What shall we do to save our lives?” Now if Jonah had been a Talmudist, it would have been plainly not his duty to have told them, but to have allowed the sea to rage on until the ship went to pieces, and he had the satisfaction of seeing the idolaters go to the bottom. This would have been an act of obedience to a precise command, and could have made no difference to Jonah. For, as to himself, there are two suppositions possible, either he knew that the Lord had prepared a fish to swallow him, or he knew it not. If he knew it, then he was secure of his own safety, and would have known that the fish could find him out just as readily if the ship went to pieces, as if the idolaters threw him into the sea. It would, therefore, have been doubly his duty to conceal from the idolaters the means of deliverance. On this supposition, Jonah’s counsel to them can only be accounted for on the principle that he was not a Talmudist, but considered it his duty to save the lives of perishing idolaters, even when nothing was to be feared or to be gained. If, on the other hand, he did not know of the fish, he must have expected a watery grave, whether the idolaters threw him into the sea, or whether he waited until the ship went to pieces. In this case, also, if a Talmudist, it would have been his duly to have staged where he was, and if he perished, die in the fulfilment or the command, to show no mercy to idolaters. But he did not—he had compassion on them, and, to save their lives, relinquished his only chance of safety, by telling them to throw him into the sea. It is plain, therefore, Jonah was not a Talmudist. We have here, then, three inspired prophets, Daniel, Elisha, and Jonah, all bearing a practical testimony against the Talmudic principle, which extends God’s law against the Canaanites to all idolaters, and under all circumstances.
Lastly, We have the testimony of the God of Israel himself. He who gave the command to destroy the Canaanites on account of their exceeding wickedness, shows by his own dealings with the world, that this case is an exception to the general rule, for “The Lord is good to all, and his mercies are over all his works.” He provides food and clothing for the idolater, as well as for those who worship him in truth; or, as the New Testament says, “He maketh his sun to rise on the evil and on the good, and sendeth rain on the just and the unjust.” (Matt. vi. 45.) He, then, whose conduct most resembles that of his Creator, is, beyond all doubt, the nearest to the truth. The Talmud, therefore, is wrong, and the New Testament explanation of the command, “Thou shalt love thy neighbour as thyself,” is right. We ask the Jews, then, to account for this fact, that Jesus of Nazareth was right, and those who condemned him wrong, respecting one-half of the whole law. And we ask, moreover, those Jews who abhor the above Talmudic principles, how they can conscientiously join in the synagogue prayers, which ascribe to the Talmud Divine authority? We ask them why, at the very least, they have never publicly protested against these enormities; but allow their brethren through the world to remain victims to a system, which not only contradicts the written law of God, but outrages all the better feelings of even fallen humanity?
No. VI.
COMPULSORY CONVERSION OF THE GENTILES.
When, at the close of the fifteenth century, the Jews were driven out of Spain, some of the magnanimous exiles, who had preferred loss of all things to a compulsory change of religion, arrived at the frontiers of Portugal, and there sought an asylum. A permanent abode was refused, and a temporary sojourn was granted them on two conditions—1st, That each should pay a certain quantity of gold for his admission; and 2dly, That if they were found in Portugal after a certain day, they should either consent to be baptized, or be sold for slaves.[[12]] Now Jews of every degree and shade of religious belief will agree with us, that these conditions were most disgraceful to those who imposed them. To refuse gratuitous assistance to the poor and needy, merely because they had been brought up in a different religious faith, was utterly unworthy of those professing faith in Divine revelation. To compel the unfortunate to choose between loss of liberty or of conscience was the act of a fiend. But now suppose that the Portuguese had endeavoured to persuade these poor exiles that their conduct, however base it might appear, was commanded by God himself. Suppose, further, that when called upon to prove that this command was from God, they had confessed that no such command was to be found in the written books of their religion, that it was only a tradition of their oral law, do you think that the Jewish exiles would have been satisfied with such proof, and submitted? Would they not, in the first place, have questioned the authority of a command resting merely upon uncertain tradition? And would they not have argued, from the detestable nature of the command itself, that it could not possibly emanate from the God of truth and love? We ask you then to apply these principles to תורה שבעל פה the oral law. The Portuguese refused to perform an act of humanity to the unfortunate Jewish exiles, unless they were paid for it. Your oral law, as we showed in our last number, forbids you to give medical advice to a sick idolater gratuitously. The Portuguese voluntarily undertook to convert the Jews by force. Your oral law teaches compulsory conversion as a Divine command. If the oral law could be enforced, liberty of conscience would be at an end. Neither Jew nor Gentile would be permitted to exercise the judgment, which God has given him. His only alternative would be submission to Rabbinic authority, or death. The dreadful command to kill, by any means, those Israelites who have become epicureans, or idolaters, or apostates, is well known,[[13]] and sufficiently proves that the oral law recognises no such thing as liberty of conscience in Israel. It pronounces a man an apostate if he denies its Divine authority, and demands his life as the penalty. The execution of this one command would fill the world with blood and horror; and recall all the worst features of inquisitorial tyranny. Not now to mention those Israelites who have embraced Christianity, there are in England, and every part of Europe, many high-minded and honourable Jews, who have practically renounced the authority of the oral law. The Rabbinical millennium would commence by handing over all such to the executioner. Their talents, their virtue, their learning, their moral excellence, would avail nothing. Found guilty of epicureanism or apostasy, because they dared to think for themselves, and to act according to their convictions, they would have to undergo the epicurean’s or the apostate’s fate.
Such is the toleration of the oral law towards native Israelites, but it is equally severe to converts. It allows no second thoughts. It legislates for relapsed converts, as the Spanish Inquisition did for those Jews who, after embracing Christianity, returned to their former faith and sentences all such to death.
בן נח שנתגייר ומל וטבל , ואחר כך וצה לחזור מאחרי ה׳ ולהיות גר תושב בלבד כשהיה מקודם , אין שומעין לו , אלא יהיה כישראל לכל דבר או יהרג ׃
“A Noahite who has become a proselyte, and been circumcised and baptized, and afterwards wishes to return from after the Lord, and to be only a sojourning proselyte, as he was before, is not to be listened to—on the contrary, either let him be an Israelite in everything, or let him be put to death.” (Hilchoth Melachim, c. x. 3.) In this law there is an extraordinary severity. The oral law admits that a Noahite, that is, a heathen who has taken upon himself the seven commandments of the children of Noah, may be saved. It cannot, therefore, be said that the severity was dictated by a wish to deter men from error, and to restrain them from rushing upon everlasting ruin, as the Inquisition pleads. The oral law goes a little further, and not only will not permit a man to change his creed, but will not even suffer him to change his ceremonial observances. Though the man should commit no crime, and though he should continue to worship the one true God, in spirit and in truth, yet if he only alter the outward forms of his religion, modern Judaism requires that he should be put to death.
But the tender care of the oral law is not limited to the narrow confines of Judaism, it extends also to the heathen, amongst whom it directs the true faith to be propagated by the sword. First, it gives a particular rule. In case of war with the Gentiles, it commands the Jews to offer peace on two conditions—the one that they should become tributaries, the other that they should renounce idolatry and take upon them the seven precepts of the Noahites, and then adds—