The old paths, or the Talmud tested by Scripture: Being a comparison of the principles and doctrines of modern Judaism with the religion of Moses and the prophetsMcCaul, Alexander
Religion
The old paths, or the Talmud tested by Scripture: Being a comparison of the principles and doctrines of modern Judaism with the religion of Moses and the prophets
McCaul, Alexander
Judaism -- Works to 1900
“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:—
לא יעמוד אדם ברשות היחיד ויוציא ראשו לרשות הרבים וישתה שם או איפכא אלא
אם כן יכניס ראשו ורובו למקים שהוא שותה דכיון שהוא צריך לאלו המים אנו
חוששין שמא יביאם אליו אבל מותר לעמוד ברשות היחיד או ברשות הרבים ולשתות
בכרמלית ׃
Public-domain text, read in full here on John Shaqi.
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