Page:The old paths, or The Talmud tested by Scripture.djvu/390

 favour to refer to the favour of beauty, or if he find a matter of uncleanness. But the legal decision is according to the school of Hillel, that is, if a wife sin against her husband, he may divorce her." (Arbah Turim, Hilchoth Gittin., 1.) This monstrous passage is in itself sufficient to shake the authority of the oral law, for in the first place we find three grave authorities, Shamai, Hillel, and Akiva, all differing as to the sense of a most important passage, bearing upon a subject that most nearly affects the happiness and well-being of human society. One of the gravest questions that can be propounded is, When is a man justified in divorcing his wife? If there be an oral law at all, it ought certainly to answer this question clearly, unequivocally, and satisfactorily. The existence of disputation shows that these three rabbies had no authoritative tradition on the subject, but were merely giving their own private opinions: and that therefore the assertion, that an oral law exists, is a mere fiction invented to impose upon the credulous, but insufficient to beget faith in any man or woman that will make use of the reason given by God. The old fable, that God caused a voice to be heard from heaven, saying, when the rabbies differ, "That

both speak the words of the living God," will not do now. Every one can understand that God does not speak contradictions. No one will believe that the profane sentiment of R. Akiva, That a man may divorce his wife as soon as he finds another who pleases him better, can proceed from the God of holiness and justice. It is true that his opinion is not the law; but the opinion of Hillel, which is the law, is not a whit better. It pronounces that if a woman only spoil the broth she may be divorced: now this interpretation or the words of Moses is plainly contrary to the grammatical sense: is in Regimen  and joined to  by a munach, and can therefore by no means be separated from it so as to signify "Either uncleanness or some other matter." The words of Moses, the points, and the accents, all decide that there is only one cause for which a man may put away his wife. Hillel and his successors have wilfully passed by the plain sense of the Hebrew words, in their eagerness to obtain a facility for putting away their wives. They were not ignorant of the right sense, for that was plainly asserted by Shamai, but were determined to get rid of it; and such was the state of the Jews at the time, that they had influence enough to turn their false interpretation into law; and such has been the state of the Jews ever since, that it continues law to this very hour. A rabbinical Jew may, according to his religious tenets, turn away his wife, the mother of his children, on a pretext that