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
to the religion of Moses and the prophets, which, by the help of the God
of Israel, every one can understand, at least so far as is necessary to
salvation. The Bible, like everything that has God for its author, has
beauties discoverable by the eye of the poor, at the same time that it
has perfections to exercise the observation and skill of the most
learned. And this holy book is the heritage of Israel, which the oral
law can never be. The oral law may be the heritage and religion of the
rabbies who know it, but it has no more to do with the religion of those
who know it not, than the laws of the Chinese. The great majority of the
Jewish people might just as well call themselves followers of Confucius.
No man can be said to believe in doctrines which he does not know, and
can never hope to know: and this is the case with nine-tenths of the
oral law.
No. XXXI.
RABBINIC EXCOMMUNICATION.
It is a fact, that the religion of the oral law has hitherto done but
little to promote the temporal welfare of the Jewish people, and it is
equally certain that, if supreme, it would destroy the happiness both of
Jews add Gentiles. Its endless definitions would necessarily produce
transgression. Its severity and readiness in excommunication would be
the source of constant trouble to individuals and families, and the
sanguinary spirit of its criminal code would make the Jews a nation of
mourners. Indeed, we seriously doubt, whether any, but a few fanatics,
wish to see the oral law vested with supreme power, and ruling over the
lives and properties of the Jewish nation. Every reflecting Israelite
must know that the Sanhedrin, wielding the absolute power ascribed to it
in the rabbinic traditions, would be the most oppressive tribunal that
ever lorded it over the consciences of men. But we must remember that it
would not be with the Sanhedrin and other tribunals alone, that the
Israelites would have to do. Every rabbi, and every disciple of a wise
man, would have the right of excommunicating any one who offended them.
After determining that the tribunals can and ought in certain cases to
excommunicate, the oral law adds—
וכן החכם עצמו מנדה לכבודו לעם הארץ שהקפיד בו ואין צריך לא עדים ולא התראה
, ואין מתירין לו עד שירצה את החכם , ואם מת החכם באין שלשה ומתירין לו .
ואם רצה החכם למחול לו ולא לנדהו הרשות בידו ׃
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