“Over each of these four cups a benediction is to be pronounced. Over the first cup is said the consecration of the day. Over the second cup the Haggadah is read. Over the third cup the benediction for food is pronounced. And over the fourth the Hallel is completed, and the benediction for the song pronounced.” (Ibid.) With a solemn religious ordinance it is not for us to find fault. On the contrary, in these and their other prayers, we earnestly wish the Jews the blessing of God, and the spirit of grace and supplication. But when we find this human institution imposed as a burden upon the conscience, and the observance of it exacted from those who have not the means of gaining their daily bread, we must protest against it as harsh and oppressive. Now in the oral law this requirement is made.
מי שאין לו יין עבר אדרבנן דאמרי ולא יפחתו לו מארבע כוסות , וצריך למכור מה איא לו לקיים מצות חכמים ולא יסמוך על הפת שאם קיים כוס אחד לא קיים השלשה לכן ימכור מה שיש לו ולהוציא הוצאות עד שימצא יין או צמוקים ׃
“Whosoever has not got wine transgresses a command of the Rabbies, for they have said, that there is to be no diminution from the four cups. And it is necessary to sell what he has in order to keep the command of the wise men. He is not to depend upon the bread, for if he fulfil the command concerning one cup, he has not fulfilled that respecting the three. Therefore let him sell what he has, and furnish the expense, until he procure wine or raisins.” (Arbah Tur. Orach Chaiim, 483.) It may be replied, that the congregation furnishes those who have not the means. But what is to become of those who have displeased the dispensers of the congregation’s bounty, or what is a Jew to do, who is living alone in the midst of Gentiles, as is frequently the case, particularly in this country? If he be a conscientious Rabbinist he must either grieve his conscience by transgression, or sell what he may not be well able to spare. The same may also be said of the unleavened cakes. The Rabbies have given so many directions about the lawful mode of preparing them, as to make it almost impossible for a Jew, living at a distance from a congregation, to keep the command, and to keep the poor in a state of perpetual bondage to the synagogue, if they wish to be supplied by the bounty of the congregation.
But if this utter want of consideration for the poor is more strikingly displayed in the institution and exaction of a second holy day, where God has required the observance of only one, as the Rabbies themselves acknowledge in the following passage:—
ששת ימים האלה שאסרן הכתוב בעשיית מלאכה שהן ראשון ושביעי של פסח וראשון וח׳ של חג הסוכות וביום חג השבועות ובאחד לחודש השביעי הן הנקראים ימים טובים . ושביתת כולן שוה שהן אסורין בכל מלאכת עבודה חוץ ממלאכה שהיא לצורך אכילה שנאמר אך אשר יאכל לכל נפש וכו׳ ׃
“These are the six days on which the Scripture has forbidden the doing of work. The first and seventh day of Passover: the first and eighth day of the Feast of Tabernacles: the day of the Feast of Weeks, and the first day of the seventh month; and these days are called holy days. The sabbatism of all is alike; it is unlawful on them to do any manner of work, excepting that which is necessary for the preparation of food, as it is said, ‘Save that which every man must eat.’ (Exod. xii. 16.)” (Hilchoth Jom. Tov., c. i. 1.) Here is an express recognition of what God has commanded. And yet the Scribes were not content with this ordinance of God, but have appointed the observance of a second day on all these occasions, and have annexed the sentence of excommunication to any transgression of their command.
ואנו שעושים שני ימים טובים כל מה שאסור בראשון אסור גם בשני , ומנדין עליו למי שמזלזל בו , ואם הוא צורבא מרבנן אין מחמיריו לנדותו אלא מלקין אותו ׃
“To us, who observe two days, every thing that is forbidden on the first day, is also forbidden on the second day; and whosoever makes light of it, is to be excommunicated. But if he be an acute Talmudist the excommunication is not to be severe, only he is to be beaten.” (Orach Chaiim, 496.) In the Yad Hachasakah we find the same severity, and the same exception.
יום טוב שני אף על פי שהוא מדברי סופרים כל דבר שאסור בראשון אסור בשני . וכל המחלל יום טוב שני ואפילו של ראש השנה בין בדבר שהוא משום שבות ובין במלאכה בין שיצא חוץ לתחום מכין אותו מכת מרדות או מנדין אותו אם לא יהיה מן התלמידים ׃
“Although the second holy day is only of the words of the Scribes, every thing that is forbidden on the first day, is forbidden on it also. And every one who professes the second holy day, even that of the new year, whether it be in a matter relating to the sabbatism, or by work, or by going beyond the Sabbath limit, is to receive the beating denounced against rebellion, or to be excommunicated, unless he be a learned man.” (Hilchoth Jom. Tov., c. i. 24.) The hardship, oppression, and severity of this ordinance are apparent at first sight, and are severely felt by many a poor Jew in this city, who hardly knows how to get bread for himself and his children. In every case it robs him in one week of two days, on which God has allowed him to work, and to endeavour to gain a livelihood. But if the first day of a festival happen on a Thursday, then that day, Friday, and Saturday, he dare not do anything to earn the means of subsistence for his family. Sunday is the Christian Sabbath, so that in one week four successive days are lost, and in the following week four more. What, then, is the poor man to do? If he does not work, his children may starve; if he makes use of the time allowed him by his merciful God, and pursues his daily occupations, he transgresses a command of unmerciful men, and renders himself obnoxious to his more bigoted brethren. True that they cannot now beat him with the stripes awarded to the rebellious, and that they would hardly dare, in the present state of things, to excommunicate him; yet there are other ways and means of persecution more secret, but equally sure. But whatever be the present circumstances, the cruel and oppressive spirit of the oral law remains the same. If the Rabbinists had the power, they would soon proceed to excommunicate and flog all the profaners of the second holy day. We appeal, then, to the common sense of every Jew, and ask him, What right have men to rob the poor of that time which God hath given them? or to sentence a man who only goes to get bread for his children, and in so doing transgresses none of God’s commandments, to excommunication or flogging, especially to that severe species of flogging here specified?