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54 Abensur, Jacob Abi and Ab in Proper Names

THE JEWISH ENX'YCLOPEDIA

He was buripd in the cemePolanil. at Hamburg. tery s. KiiiflnUi Unrminiica <ii Seilnr D. .l/.iiixiir; liriilz, *i'i«/i. ilcr Jmlai.M v<i. a. Mi.

A. Fe.

ABENStTR, JACOB



Prnbahly a son of Daniel

Alxiisur; WHS also I'olish miiiislcr resilient at HamHv instiliitiii.sr private reliirious burjr, after Hi!!."). services in his own liouse. in 1701. lie eauseil a division in the Portuguese conirrepition. in respect to whieli llie elders of the conjrregatiou vainly bethe authorities to interfere (from archives A. Fli. of the SlMulsarchiv ill Iliiiiiburj;). souirlit

ABENTREVI, JOSEPH:

Physician in ordi-

King. Janus 1. of Aragoii. by whom, in .lanunary aryl 1271 or 1272, Abentrcvi was allotted an aiiiuial allowance of TiOO sueldos (about S12.oO. or fJ Wx.). The name is probably derived from the Arabic Jbn to

Taif.

Bibliography: Jcu: Quart. Rev. i.6H.

M. K.

ABENYULY, ELIAU, OF GIBRALTAR. See

Ir.N

Yi

i.i

Ki

i:.

ABERDEEN

IM

(RABEL),

ABRAHAM



Moravian

Hebraist; livi'd at Aiislerlil/ in llic lliird decade of All his literary iiroducthe nineteenth century. tions and riddles were ])ublislied in vols. ix. and x. of "Bikkure ha-'Ittim," a periodical. Bibliography; Stelnschnelder, Cat. Bodl. No. 6,788.
 * >oems, nietrica! tnmslations. e.xegetical notes,

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M. B.

ABERLE, ABRAHAM BEN ABRAHAM SOLOMON: (iilled also Abele Posveller. See AisiiAiiwi

Soiomon

c.KN Al.l!Ml^^^

.Vi'.ii.i;

ABERLE, JACOB BENEDICT (BENNET). See IJiNi-.iiUT

ABERLE

HAM

(

Bknnkii, Jaidi;

(ABRIL),

i

.i;i.i:i.i;i.

SOLOMON

B.

ABRA-

Biiiyau Shelomoli " (The Structure of Solomon), homilies on the Pentateuch, published at Shklov in I'oseu, 17S9 (see Ben Jacob, "Ozar ba-Sefarim."' p. 81). K.

Autlioriif

"

ABERLE, RAB. See Arkati.vm of IlAMnriir.. ABERLES, ISAAC B. ABRAHAM COHEN

ZEDEK

CRACOW:

OF Author of "SelVr Toledot Yizbak" (The Generation of Isaac), homilies on the Pentateuch, only the lirst part of which was published liy his son Solomon, at Frankfort-oii-the-Oder, in 1691 (see Benjacob, "O/.ar ha Scfarim," p. 620).

ABETMENT



The

commission of the crime

(Kitl. 43<0 For, although the abettor is morally as guilty as the iiriiicipal. the law will take cognizance of the pinncipal only, it l>eiug an axiom in Talmudic jnris])ruIn deuce that " One can not be an agent in Homicide, an illegal act " (id. 42/». ami elsewhere). Again: -1 is provided with a shield against deadly arrows when /> shoots at him but. as the arrow ilarts from the bow, r' deprives him of the Though (' personally aids shield, and .1 is killed. in the killing, neither 7? nor ('can be caiiitally punished, the latter not having lircd the missile which was the direct cause of .I's death (Saiili. 77i'/; Mai,



monides, "Hilkot Rozeal.i," iii, 11), Buteveu where one is a principal in the crime, but does not accomplish it by himself as, for instance. Ix-ing one of several persons who simultaneously lire deadly misno capital punishment siles at a man and kill him can legally be visited on the participant. From the

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Biblical pass;ige (Lev. xxiv. 17, /fih.), literally trans lated." If a iikiii slay eth the w/oi/e life of a man he shall surely be |iut to death." the rabbis deduce the .iudi" cial maxim. " One person must slay the whole being (Sifra. Eiiior. chap. xx. Sanli. 78<; "nd since in the case before us no one has fultilled this condition, no capital punishment can be intlicted on any single one of the parties to the crime (Sanli. I.e.). As in homieidc, so in all capital crimes Talmudic

(Scotland): The chief city of

northern Scotland, capilal of Aberdeenshire. .lews have but recently settled in this city, the only synagogue of which (at .34 Marischal street) was founded in 189;?. Si. years later the whole Jewish population numbereii seventeen families, of whom no less than twenly-tliree persons weie seat-holders. Bibliography: Jacobs, Jctcish Ycar-lmuh, 1899, p. 78.

ABERLE

54

legal

K. term for encouraging,

aiding, or instigating an illegal act. The abettor may take no part in the actual commission of the offense and yet be liable for the thought or intention involved in Ids relations to the actual offender. In capital, or even corporal, iMiiiisliment Talmiidic jurispru<lence takes no cognizance of thoughts or words (Sanh. 3rt). To be liable to capital punishment liy Talmudic law, one must be the principal actor in the crime. Hence, when one counsels, commands, or jirocures another to perpetrate a capital crime, that other, and not the instigator, incurs the death penalty for the

jurisprudence iloes not convict more than one iicreoii of a crime which can be accomplished by a single person. There is. however. Capital Crimes. this difference: In all other ca.ses of capital crime, when the slightest requirement for conviction has not been fully comjilied with, the accused is declared " not guilty before the human tribunal," and is liberated. But in cases of bloodshed the law is more rigorous: whoever wilfully occasions tiiilawfid loss of life is prevented from repeating the crime by being deprived of liis liberty: the abettor in murder is imprisoned (Sanli, 816; Maimonides, "Hilkot Rozeah," ii, r>, iv, 8). notable exception to these rules is the case of the instigator to idolatry. The .lewish commonwealth was a theocracy, a politico-religious state ruled by God hence, idolatry among the .Jews was an offense against the state, and any attemiit to incite people to apostasy was, in the eyes of the .lewish law, an attempt to overthrow the state; it was high treason against the Divine King, Therefore, even though there was no bodily action on the part of the instigator, and even when his efforts did not succeed in leading any one astray, he was capitally punished (,Sauli, fibf; Maimonides, "Hilkot 'h. Z;irah," v, And his ]iiinisliment was the sjime tleath by 2).

A



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stoning whether he was simply a matt, trying to seduce an individual, or a ninddiah, endeavoring to mislead a community (Mislinah, Sanh, vii. 4), The juridical ma.im. "One can not be an agent in an illegal act," for "where the orders of the master conflict with those of the servant, Avhose orders must be olieyedV" (H. Penal Offenses. K. .")(ii'. Sanh. 29(i) is applied by the rabliis to penal offenses as well as to capital crimes. Hence, when one suborns witnes,ses to defeat justice in a civil cause, and the witnesses are found guilty of testifying falsely, they, and not the suborner, are liable for the los,ses of the injured party. The suborner in such cases is declared "exempt from punishment at the instance of the human tribunal, but guilty liefore the court of heaven." In a case of mayhem involving damages and amercements, where, for instance, -1 procures B to commit an assault on C. not only will the court condemn B to pay all amercements accruing from the