Page:The old paths, or The Talmud tested by Scripture.djvu/260

 object of these laws is plainly to uphold the power and dignity of the rabbies, and to make it impossible for the people to shake off their yoke. The care which is taken to punish every offence against the wise men betrays a lurking consciousness of error, and a fear lest the common people should compare their precepts with Scripture, assert the plain unsophisticated truth, and thus shake off the galling chains of rabbinism. To prevent this, the very first semblance of disobedience is to be punished with excommunication. But for the poor and unlearned, if insulted by a learned man, there is no satisfaction. He cannot thunder out an excommunication or an anathema in return. For him the oral law makes no provision, except for his punishment. If Judaism, therefore, should ever attain the supreme power, the working and unlearned classes will be placed in the power and at the mercy of the learned, and every disciple of a wise man will wield the absolute power of an autocrat.

But some one may say, that if the disciple of a wise man should excommunicate any one hastily that the people would not regard his excommunication. But if they did not, they would do it at their peril, for the oral law expressly declares that they are bound to observe the excommunication not only of a rabbi, but of one of his disciples:—

"When a rabbi excommunicates on account of his honour, all his disciples are bound to treat the excommunicate person as such. But when a disciple excommunicates on account of his own honour, the rabbi is not bound to treat that person as excommunicate, but all the people are bound." (Ibid. c. vi. 13.) Nothing can more clearly prove the injustice of such excommunication. If the rabbi be not bound to regard the disciples' excommunication, why should all the people be bound? If the offence committed against the disciple be a sin before God, and such it ought to be to require such severe punishment, the excommunication ought to be as binding upon the rabbi as upon the people. But if it be not binding upon the rabbi, then the offence for which it was inflicted cannot be a sin in the sight of God, it is therefore an arbitrary and unjust punishment, and it is both wicked and cruel to require the people to obey it. But the principle itself is monstrous, that the disciple of a rabbi should be constituted both judge and jury in his own case, and have the power of lording it over those, whose circumstances do not permit