Now, is this the religion of the God of love, and mercy, and justice? Is it at all like Him to give laws so subtle and multifarious in their distinctions, that it is next to impossible for the unlearned man to obey them aright, and then to attach to this non-observance such calamitous consequences? If it be replied that the punishment is visited only on those who transgress wilfully, then there are thousands of Jews, perhaps in this very city, who live in the habitual and wilful omission of this precept, and who have the use of their eyes, just as well as the strictest Rabbinist. This fact, which no one will dispute, proves beyond doubt, that the oral law has spoken falsehood, and therefore throws utter discredit upon its testimony respecting the tradition of the commandment itself. It is confessedly not a commandment from God, but from the scribes.
כבר ביארנו שנטילת ידים וטבילתן מדברי סופרים ׃
“We have explained long ago, that the washing and bathing of the hands are derived from the words of the scribes.” (Hilchoth Mikvaoth, xi. 1.) That they had no Divine authority for the command is evident from the subtilty and superstition of its ordinances; for we presume that few will question the superstition of the threat of blindness to the disobedient, or of the fable of the evil spirit resting upon the hands. One such command, then, will go far to discredit the whole story of an oral law, and to invalidate the character of its witnesses. They were evidently superstitious men, no way elevated above the vulgar prejudices or the times, not at all scrupulous in adding to the law of God, and evidently aiming at a complete domination over the consciences of their followers. It is hardly possible to believe that they were not aware of the necessary result of the system, the complete subjugation of the consciences of the multitude. The mass of mankind has no leisure for the study of juristic distinctions, they must, therefore, if they believe such to be Divine, cast themselves upon the mercy of the learned, and there can be no doubt that those who have the keys of salvation, will also possess no small degree of influence and power in this world. But, whatever was the motive, there can be no doubt about the severity with which the Rabbies enforced this command. They exacted even from the poor unfortunate, whom circumstances left only enough water to slake his thirst, that he should sacrifice a port of it to this Rabbinical purification.
אפילו אין לו מים אלא כדי שתייה נוטל ידיו במקצתן ואח׳׳כ אוכל ושותה מקצתו ׳
“Though he should only have enough water to drink, he is to wash his hands with a part of it, and then to eat, and to drink the remainder.” (Hilchoth Berachoth, vi. 19.) And not content with this harsh requirement, they sentence the despiser of their commands to excommunication.
וצריך ליזהר בנטילת ידים שכל המזלזל בנטילתם חייב נדוי ׳
“It is necessary to be very careful in washing of hands, for every one who despises the washing of hands is guilty of excommunication.” (Orach Chaiim., § 158.) And this same book confirms this decision by a case which actually occurred of a man thus excommunicated, and who dying in his excommunication had the usual indignities offered to his corpse.
את מי נדו את אלעזר בן חצר שפקפק בנטילת ידים וכשמת שלחו בית דין והניחו אבן גדולה על ארונו ללמדך שכל המתנדה ומת בנדויו בית דיו סוקלין את ארונו ׃
“Whom did they excommunicate? Eleazar ben Chatzar, who despised the washing of hands; and when he was dead, the tribunal sent, and had a great stone laid on his coffin, to teach thee that of every one who is excommunicated and dies in his excommunication, the coffin is stoned by the tribunal.” (Talmud, Berachoth, fol. 19, col. 1.) When they had the power they employed it to the full, and now that they have it not, the oral law still threatens poverty and extirpation to every transgressor.
כל המזלזל בנטילת ידים בא לידי עניות ׃ ואמר ר׳ זריקא אמר ר׳ אלעזר כל המזלזל בנטילת ידים נעקר מן העולם ׃