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
“How is an excommunicate person to conduct himself, and how are others
to conduct themselves towards him? It is unlawful for an excommunicate
person, as for a mourner, to trim his heard or hair, or to wash all the
days of his excommunication; neither is he to be associated in
pronouncing the benedictions; neither is he to be reckoned as one of
ten, wherever ten persons are required; neither may any one sit within
four ells of him. He may however teach others and be taught. He may hire
and be hired. But if he die in his excommunication, the tribunal send
and lay a stone upon his coffin to signify that they stone him because
he is separated from the congregation. And it is unnecessary to say that
he is not to be mourned for, and that his funeral is not to be
attended.... Whosoever remains thirty days in his excommunication
without seeking to be absolved, is to be excommunicated a second time.
If he abide thirty days more without seeking absolution, he is then to
be anathematized.” (Hilchoth Talmud Torah, ibid.) This, then, is the
punishment which a learned man has it in his power to inflict at will.
He may deprive him of the comforts of cleanliness and perhaps injure his
health. He may hold him up to the public scorn by separating him by four
ells from all decent people. He may heap obloquy upon his death and
deprive him of a respectful burial, or if the man survive under the
public contempt, and refuse to give the rabbi satisfaction, he will be
anathematized, and his prospects for this world, at least, irretrievably
ruined. The law respecting the anathematized person is this:—
אינו שונה לאחרים ואין שונין לו אבל שונה הוא לעצמו שלא ישכח תלמודו ואינו
נשכר ואין נשכרין לו , ואין נושאין ונותנין עמו , ואין מתעסקין עמו אלא מעט
עסק כדי פרנסתו ׃
“He is not to teach others nor to be taught, but may learn by himself
that he may not forget the learning. He is not to be hired, nor to hire.
Men may have no dealings with him, nor any business except a little that
he may get a livelihood.” Now then suppose that an unlearned man does or
says something, which a rabbi interprets as contempt, he is first
excommunicated. If, in the consciousness of innocence, he refuses to ask
for the rabbi’s forgiveness, he is at last anathematized, and all his
business stopped, and all this is done to him because he is an unlearned
man. He is himself to be dishonoured, his business ruined, and he
himself to die of a broken heart, not because he has committed some
grievous crime, but because he has been wanting in respect either to the
rabbi’s person or his words. The most absolute autocrat never made a law
more despotic.
Public-domain text, read in full here on John Shaqi.
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