Now it may well be doubted, concerning many Jews in this city, whether they are acquainted with even this portion of the Sabbath laws, but it is quite certain that they are ignorant of the innumerable modes of possible transgression which arise from these distinctions; for the oral law then goes on to define what is lawful concerning each. In a public jurisdiction he may move anything four ells:—
כל אדם יש לו ד׳ אמות ברשות הרבים שיכול לטלטל בהם ׃
“Every man has got four ells within which he may move things.” Or, as Rambam expresses it—
רשות היחיד ומקים פטור מותר לטלטל בכולן אפילו היה אורך כל אחת משתיהן כמה מילין מטלטל בכולה , אבל רשות הרבים והכרמלית אין מטלטלין בהן אלא בארבע אמות ׃
“In a private jurisdiction, and in a free place it is lawful to move things the whole length of the place, even though the length of each should be many miles. But in a public jurisdiction or a Karmelith things may not be moved more than four ells.” (Hilchoth Shabbath, c. xxiv. 11.) Now, it may well be asked, upon what passage of the law of Moses these distinctions are grounded, and what there is in a public jurisdiction which converts an act lawful in a private jurisdiction, into a sin to be expiated only by stoning the offender? For instance, in a private jurisdiction a man may carry certain matters for miles without violating the Sabbath commands, but if he venture out into a public jurisdiction with a pocket-handkerchief or a snuff-box, or a half-crown in his pocket, and carry it only five ells, he is guilty of death; and if the Talmudists held the reigns of power, would be led out as soon as the Sabbath was over, and stoned. Reason revolts against such doctrine, the act is the very same in both cases, and is therefore in both cases a sin, or in both cases lawful. Humanity shudders at the thought of stoning a man for carrying a pocket-handkerchief, and the Bible teaches us that a religion, teaching such inexorable and wanton cruelty, cannot be from God. It is true that at present the power of Christianity protects Israelites from such harsh treatment; but wherever the Talmud has any degree of influence, Israel groans under its bondage. Many a time have we seen Jews with their pocket-handkerchief tied round their knee like a garter, for this is lawful, though to carry it in his pocket would be a grave and capital offence. And we once knew an Israelite who was taking a walk on the Sabbath-day, and being addressed by a Gentile beggar, put his hand into his pocket and gave the poor man a small coin. He was observed by some Talmudists, who immediately attacked him for his profanation of the Sabbath. Afraid of losing his character, and being at that time more anxious for the praise of man than that which cometh of God, he defended himself by saying, that he had unintentionally taken out the money in his pocket, but had remembered it when addressed by the beggar, and therefore took the opportunity of getting rid of that which it was not lawful to carry. The Talmudists were satisfied, and their wrath changed into profound admiration for his piety. These cases exemplify the practical working of the rabbinic system. It burdens the consciences of the sincere, and makes the unscrupulous hypocrites. It may be replied that such things could not happen in England, and that here the Jews are too enlightened to observe such distinctions. But every one who makes this reply condemns modern Judaism as a religion unfit for the observation of the enlightened, and if he be a conscientious man, should protest against doctrines which he believes to be false, and laws which he abhors as cruel. These Sabbatic laws are a part, an essential part, of modern Judaism. There is not any part of the oral law upon which Talmudists lay more stress. The man, therefore, who does not observe them has changed his religion. He has got a new faith, as really, as if he had been baptized and professed Christianity. Every Israelite who carries a pocket-handkerchief in his pocket through the streets of London on the Sabbath-day, has apostatized from that Jewish religion, which has been professed for near two thousand years, and practically declares that the religion of the synagogue is false. How then can he, without hypocrisy, profess to believe in the religion of the Jews? or how can he, as an honest man, uphold a system which he regards as false, and which would have him executed as a criminal if it had the power? If such persons, who live in the habitual transgression of all the Sabbatic laws, have any regard for truth and for Divine revelation, they should openly declare their sentiments, announce to the world that they have forsaken the religion of their fathers, and assert that religion which they regard as true. The blindest and most bigoted Talmudist is a far more respectable man, and more acceptable in the sight of God, than he who pretends to profess a religion in which he does not believe, and whose precepts he regards as fanatical and superstitious.
But to return. From the above laws it appears that it is a sin to carry anything in a public jurisdiction a distance of more than four ells. But suppose, then, that there was something which the Talmudists might find it convenient or desirable to move to a greater distance, is there no provision to effect its conveyance? Yes. These scrupulous persons, who would stone a man to death for carrying anything five ells, have an expedient for conveying it a hundred miles if necessary:—
לגיכך מותר לאדם לעקור החפץ מרשות הרבים ולתנו לחברו שאצלו בתוך ד׳ אמותיו וחברו לחברו שאצלו אפילו ק׳ מילין אע׳׳פ שהחפץ הולך כמה מילין ברשות הרבים שכל אחד לא יטלטלנו אלא בתוך ד׳ אמותיו ׃
“Therefore it is lawful for a man to move a matter from the public jurisdiction, and to give it to his neighbour, who is within a distance of four ells; and his neighbour to his neighbour again, and so on, even for a hundred miles. For although the thing itself go many miles, each person has only moved it his four ells.” (Orach Chaiim, 348.) We have often heard of the wonderful effects of division of labour, but never knew before that it could convert a capital offence into an innocent employment. Surely it is not necessary to prove that if it be unlawful for one person to do a particular act, it is equally unlawful for a hundred persons to combine for its performance. This law really has more the appearance of a caricature devised by some enemy of the oral law, than the grave decision of religious men in a matter of life and death. But if we examine a little further, we shall find that it is unlawful to move this same thing, whatever it be, from one jurisdiction to another, though that other be close at hand:—
כשם שאסור לטלטל בכל הכרמלית אסור להוציא ממנה לרשות היחיד או לרשות הרבים או להכניס לכרמלית מרשות היחיד או מרשות הרבים , ואם הוציא או הכניס פטור ׃
“As it is unlawful to move anything in the place called Karmelith, so it is unlawful to carry anything out of it into a public or private jurisdiction, or, vice versa, to introduce anything from either of these into the Karmelith. But if any one does either he is not guilty,” that is, he is only to get a flogging, but not to be stoned. An unlearned man who had already seen something conveyed by the above expedient, might easily be led to commit an offence of this kind. His untutored mind might not perceive why the one should be sinful, if the other was lawful; but such an assertion of common sense would draw down certain chastisement. At all events, he might be tempted to put his head from one jurisdiction into another, especially if he was standing in the street, and was offered a drink by a friend in a house, he might put his head into the window and take what was offered, but would soon find, to his cost, that he had broken one of the Sabbatic laws:—