Page:The old paths, or The Talmud tested by Scripture.djvu/255

 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—

"And in like manner the wise man himself may, on account of his honour, excommunicate an unlearned man who has treated him with contumely, and there is no need of witnesses nor admonition. And the excommunicate person is not to be absolved until he appease the wise man. But if the wise man die, three persons come and absolve him. If, however, the wise man wish to pardon, and not excommunicate him, the power is in his own hand." (Hilchoth Talmud Torah, c. vi. 12.) From this law we see that the restoration of rabbinic power would be the most oppressive system of government ever devised. Every learned man would be a petty tyrant, constituting both judge and jury in his own person, and able, at his own caprice, to inflict a severe punishment. The most absolute aristocracy of the feudal times never dared to assume or exercise a power so monstrous and so oppressive. No priesthood, even