The Guide for the Perplexed

fruit of thy land, and all thy labours, shall a nation, which thou knowest not, eat up” (ibid. xxviii. 33). “Thou shalt plant vineyards and dress them, but shalt neither drink of the wine nor gather the grapes, etc. Thou shalt have olive trees throughout all thy coasts, but thou shalt not anoint thyself with the oil” (Deut. xxviii. 39, 40). In short, in spite of the schemes of idolaters to support and firmly establish their doctrine, and to make people believe that by idolatry certain misfortunes could be averted and certain benefits gained, worship of idols will, on the contrary, as is stated in “the words of the covenant,” prevent the advantages and bring the troubles. The reader will now understand why, of all kinds of curses and blessings, those mentioned in “the words of the covenant” have been selected by the Law, and particularly pointed out. Note also the greatness of the benefit [of these laws].

In order that we may keep far from all kinds of witchcraft, we are warned not to adopt any of the practices of the idolaters, even such as are connected with agriculture, the keeping of cattle, and similar work. [The Law prohibits] everything that the idolaters, according to their doctrine, and contrary to reason, consider as being useful and acting in the manner of certain mysterious forces. Comp. “Neither shall ye walk in their ordinances” (Lev. xviii. 3). “And ye shall not walk in the manners of the nation which I cast out before you” (ibid. xx. 23). Our Sages call such acts “the ways of the Amorite”; they are kinds of witchcraft, because they are not arrived at by reason, but are similar to the performances of witchcraft, which is necessarily connected with the influences of the stars; thus [“the manners of the nations”] lead people to extol, worship, and praise the stars. Our Sages say distinctly, “whatever is used as medicine” does not come under the law of “the ways of the Amorite”; for they hold that only such cures as are recommended by reason are permitted, and other cures are prohibited. When, therefore, the dictum was quoted: a tree that casts off its fruit may be laden with stone or dyed with red colour, the following objection was raised: The loading of the tree with stones may be justified on the plea that it serves to weaken the strength of the tree, but why should it be permitted to dye the tree with red colour?

This question shows that the dyeing of the tree with red colour, and all similar things which are not explained by analogy from nature, are prohibited as “ways of the Amorite.” For the same reason our Sages said, “The uterus of animals which have been selected for the Sanctuary must be buried; it must not be suspended from a tree, and not buried in the cross-road, because this is one of ‘the ways of the Amorite.’” Hence you may learn how to treat similar cases.

It is not inconsistent that a nail of the gallows and the tooth of a fox have been permitted to be used as cures; for these things have been considered in those days as facts established by experiment. They served as cures, in the same manner as the hanging of the peony over a person subject to epileptic fits, or the application of a dog’s refuse to the swellings of the throat, and of the vapours of vinegar and marcasite to the swelling of hard tumours. For the Law permits as medicine everything that has been verified by experiment, although it cannot be explained by analogy. The above-named cures are permitted in the same way as the application of purgatives. Learn, reader, these noteworthy lessons from this my work, and keep them; “for they are a diadem of grace for thy head” (Prov. iv.).

We have explained in our large work that it is prohibited to round the corners of the head, and to mar the corners of the beard, because it was the custom of idolatrous priests. For the same reason, the wearing of garments made of linen and wool is prohibited; the heathen priests adorned themselves with garments containing vegetable and animal material, whilst they held in their hand a seal made of a mineral. This you find written in their books. The same is also the reason of the precept, “The woman shall not wear that which pertaineth unto a man” (Deut. xxii. 5). You find it in the book Tomtom, that a male person should wear coloured woman’s dress when he stands before Venus, and a female, when standing before Mars, should wear a buckler and other armour. I think that this precept has also another reason; namely, that the interchange of dress creates lust and leads to immorality.

It is easily understood why it is prohibited to derive any benefit whatever from an idol. For sometimes a person buys it with the intention to break it, but keeps it, and it becomes a snare to him. Even if he broke it, recast it, and sold it to a heathen, he must not use the money which he received in exchange for the idol; because people frequently mistake accidental circumstances for essential causes; thus most people say of a certain person that he has become rich and wealthy after having dwelt in a certain house, or bought a certain animal or vessel; and that these things were a blessing to him. In the same way a person may be successful and make a good profit on the business in which he employed the money received for the idol; he might then think that the idol was the cause of his success, and that the blessing of the money received for it brought him the profit; he would then believe in the idol; a belief which is just the reverse of the chief object of the Law, as is clearly seen in every word of it. For this same reason, we are forbidden to turn to our use the covering of the idol, its offerings and vessels. We are thus guarded against the idea [of ascribing our success to idols]. In those days the belief in the stars was very strong;

it was generally assumed that life and death, good and evil, depended on the stars. The Law employed therefore strong means, as covenant, witnesses, great oaths, and the above-mentioned [blessings and] curses, in order to overthrow that belief. We are thus commanded to abstain from taking any portion of the idol, and deriving any benefit from it; and God tells us that if money received for idols be mixed with any person’s property, it will bring loss and ruin to that property. This warning is contained in the words: “Neither shalt thou bring an abomination into thine house, lest thou be a cursed thing like it” (Deut. vii. 26). How much more wrong must it be to believe that there is a blessing in idols. When you examine all the precepts that relate to idolatry, you will find that their reason is obvious, and that they serve to make us abandon this evil belief, and keep at the greatest possible distance from it.

We must also point out that originators of false, baseless, and useless principles scheme and plan for the firm establishment of their faith; and tell their fellow-men that a certain plague will befall those who will not perform the act by which that faith is supported and confirmed for ever; this plague may one day accidentally befall a person, who will then direct his attention to the performance of that act, and adopt idolatry. It being well known that people are naturally most in fear and dread of the loss of their property and their children, the worshippers of fire spread the tale, that if any one did not pass his son and daughter through the fire, he will lose his children by death. There is no doubt that on account of this absurd menace every one at once obeyed, out of pity and sympathy for the child; especially as it was a trifling and a light thing that was demanded, in passing the child over the fire. We must further take into account that the care of young children is intrusted to women, who are generally weak-minded, and ready to believe everything, as is well known. The Law makes, therefore, an earnest stand against this practice, and uses in reference to it stronger terms than in any other kind of idolatry; namely, “he defileth my sanctuary, and profaneth my holy name” (Lev. xx. 3). The true prophet then declares in the name of God that the very act which is performed for the purpose of keeping the child alive, will bring death upon him who performs it, and destruction upon his seed.

Comp. “And I will set my face against that man and against his family,” etc. (ibid. xx. 5). Know that traces of this practice have survived even to the present day, because it was widespread in the world. You can see how midwives take a young child wrapped in its swaddling-clothes, and after having placed incense of a disagreeable smell on the fire, swing the child in the smoke over that fire. This is certainly a kind of passing children through the fire, and we must not do it. Reflect on the evil cunning of the author of this doctrine; how people continued to adhere to this doctrine, and how, in spite of the opposition of the Law during thousands of years, its name is not blotted out, and its traces are still in existence.

Idolaters have acted similarly in reference to property. They made it a law that a certain tree, the asherah, should be worshipped, and that of its fruit one part should be offered, and the rest consumed in the temple of the idol; this is stated in the regulations concerning the asherah. In the same manner, they made it a rule, that the first-fruit of every fruit-tree should be partly offered as a sacrifice and partly consumed in the idol’s temple. It was also a widespread belief that if the first-fruit of any tree was not treated in this manner, the tree would dry up, its fruit would be cast off, its increase would be diminished, or some disease would come over it; just as they spread the belief that every child, that was not passed through the fire, must die. People in their anxiety for their property obeyed also this precept unhesitatingly. The Law, in opposition to this doctrine, commanded us to burn the produce of fruit-trees the first three years; for some trees bear fruit after one year, whilst some begin to yield fruit after two, and others after three years. The law is based upon the nature of trees grown in an ordinary way, namely, in one of the three well-known methods: planting, propagation, and inoculation (netiʻah, habrakah, and harcabah). The Law does not take notice of the case that a kernel or stone is sown; for the ordinances of the Law are based on the usual condition of things, and as a rule a young tree in Palestine bears fruit for the first time not later than the third year after it has been planted.

According to the divine promise, the waste and destruction of this first-fruit of the tree will be followed by years of plenty of fruit; for it is said, “that it may increase unto you the fruit thereof” (Lev. xix. 25). The fruit of the fourth year we are commanded to eat before God, instead of [the heathen custom of] eating ʻorlah, “the fruit of the preceding years,” in the temples of the idols, as has been described by us.

It is further mentioned in the Nabatean Agriculture that the ancient idolaters caused certain things named in that work to rot, waited till the sun stood in a certain degree [of the ecliptic], and then they performed many acts of witchcraft. They believed that that substance should be kept ready by every one, and when a fruit-tree is planted, a portion of that rotten substance should be scattered round the tree or under it; the tree would then grow quicker and produce more fruit than is generally the case. They say that this process is very extraordinary; it acts like a talisman, and is more efficient than any kind of witchcraft in accelerating the productiveness of fruit-trees. I have already shown and explained to you how the Law opposes all kinds of witchcraft. The Law, therefore, prohibits us to use the fruit yielded by a tree in the first three years after it has been planted, so that there should be no opportunity for accelerating, according to their imagination, the productiveness of any tree. After three years most fruit-trees in Palestine yield fruit by the ordinary course of nature, without the application of those magical performances which were very general in those days. Note this remarkable fact.

Another belief which was very common in those days, and survived the Sabeans, is this: When a tree is grafted into another in the time of a certain conjunction of sun and moon, and is fumigated with certain substances whilst a formula is uttered, that tree will produce a thing that will be found exceedingly useful. More general than anything mentioned by the heathen writers was the ceremony of grafting an olive branch upon a citron tree, as described in the beginning of the Nabatean Agriculture. I am of opinion that the book of medicines which Hezekiah put away (B. T. Pes. 56a) was undoubtedly of this kind. They also said that when one species is grafted upon another, the branch which is to be grafted must be in the hand of a beautiful damsel, whilst a male person has disgraceful and unnatural sexual intercourse with her; during that intercourse the woman grafts the branch into the tree. There is no doubt that this ceremony was general, and that nobody refused to perform it, especially as the pleasure of love was added to the (supposed) future results of the grafting. The Law, therefore, prohibits us to mix different species together, i.e., to graft one tree into another, because we must keep away from the opinions of idolaters and the abominations

of their unnatural sexual intercourse. In order to guard against the grafting of trees, we are forbidden to sow any two kinds of seed together or near each other. When you study the traditional explanation of this precept, you will find that the prohibition of grafting, the principal element in this commandment, holds good for all countries, and is punishable by forty stripes; but the sowing of seeds one near the other is only prohibited in Palestine. In the Nabatean Agriculture it is further distinctly stated that it was the custom of the people in those days to sow barley and stones of grapes together, in the belief that the vineyard could only prosper in this way. Therefore the Law prohibits us to use seed that has grown in a vineyard, and commands us to burn both the barley and the produce of the vineyard. For the practices of the heathen, which they considered as of a magic and talismanic character, even if not containing any idolatrous element, are prohibited, as we have stated above (p. 334) in reference to the dictum of our Sages, “We must not hang upon a tree the fœtus of an animal belonging to the Sanctuary.” The Law prohibits all heathen customs, called by our Sages “the ways of the Amorite,” because they are connected

with idolatry. On considering the customs of the heathen in their worship, you will find that in certain kinds of worship they turn toward stars, in others to the two great luminaries; frequently they choose the rise of signs in the Zodiac for sowing and fumigating; and as to the circuits made by those who plant or sow, some complete five circles, corresponding to the five planets, with the exclusion of the two luminaries; others go seven times round, according to the number of the planets, when including sun and moon. They believe that all these practices are magic charms of great efficiency in agriculture. Thus those practices lead to the worship of stars; and therefore all practices of those nations have been prohibited, in the words, “Ye shall not walk in the manners of the nation which I cast out before you” (Lev. xx. 23). Those practices which were more general and common, or were distinctly connected with idolatry, are particularly pointed out as prohibited; e.g., eating the fruit of a tree during the first three years, intermixing of species and the mixed species sown in a vineyard. I am surprised at the dictum of Rabbi Joshiyah, which has been adopted as legally binding, in reference to the mixed seed in a vineyard, viz., that the law is only

transgressed when wheat, barley, and the stone of a grape are sown simultaneously. He must undoubtedly have seen the source of that kind of the ways of the Amorite. It must now be clear to you, and no room can be left for any doubt, that the prohibition of wearing garments of wool and linen, of using the fruit of a tree in the first three years, and of mixing divers species, are directed against idolatry, and that the prohibition against adopting heathen manners serves to remove anything which leads to idolatry, as has been shown by us.

The precepts of the third class are identical with those which we have enumerated in Hilkot deʻot. Their use is evident; they are rules concerning moral conduct by which the social relations of men are regulated. This is sufficiently clear, and I need not dwell long on it. Know that some precepts prescribe certain acts which are considered as arbitrary decrees without any purpose, but are nevertheless the means of acquiring some moral principle. We shall explain every one of them in its proper place. But of all those precepts which are mentioned in Hilkot deʻot, it is distinctly stated that their object is to inculcate good moral principles.

The precepts in the fourth class include the laws which in our work are contained in the section Zeraʻim, excepting the laws on the mixture of species; the rules about things to be “valued” and things “devoted” (Hilkot ʻerekin va-ḥaramim), and those concerning lender and borrower (Hilkot malveh ve-loveh) and slaves (Hilkot ʻabadim). When you examine these precepts you will clearly see the use of every one of them: they teach us to have sympathy with the poor and infirm, to assist the needy in various ways; not to hurt the feelings of those who are in want, and not to vex those who are in a helpless condition [viz., the widow, the orphan, and the like]. The purpose of the laws concerning the portions which are to be given to the poor is likewise obvious; the reason of the laws concerning the heave-offerings and the tithe is distinctly stated: “for he hath no portion and inheritance with thee” (Deut. xiv. 29). You certainly know that the Levites had no portion, because their whole tribe was to be exclusively engaged in the service of God and the study of the Law. They shall not plow or cut the corn, but shall only minister to God. “They shall teach Jacob thy judgments and Israel thy law: they shall put incense before

thee” (Deut. xxxiii. 10). In the Law we meet frequently with the phrase, “the Levite, the stranger, and the orphan and the widow”; for the Levite is reckoned among the poor because he had no property. The second tithe was commanded to be spent on food in Jerusalem; in this way the owner was compelled to give part of it away as charity. As he was not able to use it otherwise than by way of eating and drinking, he must have easily been induced to give it gradually away. This rule brought multitudes together in one place, and strengthened the bond of love and brotherhood among the children of men. The law concerning the fruit of a tree in its fourth year has some relation to idolatrous customs, as has been stated by us (chap. xxxvii.), and is connected with the law concerning the fruit of a tree in its first three years. But it has in addition the same object as the law concerning the heave-offering (Deut. xviii. 4), the dough-offering (ḥallah) (Num. xv. 20), the first-fruit (Exod. xxiii. 19), and the first of the shearing (Deut. xviii. 4). For the first of everything is to be devoted to the Lord; and by doing so man accustoms himself to be liberal, and to limit his appetite for eating

and his desire for property. The same is the reason why the priest took the shoulder, the two cheeks, and the maw (Deut. xviii. 3); the cheek being the first part of the body of animals, the right shoulder the first of the extremities of the body, and the maw the first of all inwards.

The reciting of a certain portion of the Law when the first-fruits are brought to the temple, tends also to create humility. For he who brings the first-fruits takes the basket upon his shoulders and proclaims the kindness and goodness of God. This ceremony teaches man that it is essential in the service of God to remember the times of trouble and the history of past distress, in days of comfort. The Law lays stress on this duty in several places; comp. “And thou shalt remember that thou hast been a slave,” etc. (Deut. v. 15). For it is to be feared that those who become great in riches and comfort might, as is generally the case, fall into the vices of insolence and haughtiness, and abandon all good principles. Comp. “Lest thou eat and be full, etc., and thine heart be lifted up and thou forget the Lord” (ibid. viii. 12–14); “And Jeshurun waxed fat and kicked” (ibid. xxx. 15). On account of this fear the Law commanded us to read each year a certain portion before the Lord and His glory, when we offer the first-fruit. You know how much the Law insists that we shall always remember the plagues that have befallen the Egyptians; comp. “That thou mayest remember the day when thou camest forth out of the land of Egypt all the days of thy life” (ibid. xvi. 3); “That thou mayest tell in the ears of thy son what things I have wrought in Egypt” (Exod. x. 2). Such a law was necessary in order to perpetuate the memory of the departure from Egypt; because such events verify prophecy and the doctrine of reward and punishment. The benefit of every commandment that serves to keep certain miracles in remembrance, or to perpetuate true faith, is therefore obvious.

In reference to the law concerning the first-born of man and cattle it is distinctly said, “And it came to pass, when Pharaoh would hardly let us go, that the Lord slew all the first-born in the land of Egypt, etc., therefore I sacrifice to the Lord,” etc. (Exod. xiii. 15). But it can easily be explained why only cattle, sheep, and asses are mentioned in this law; these are kept as domestic animals, and are found in most places, especially in Palestine, where the Israelites were shepherds, they, their fathers, and forefathers; comp. “Thy servants are shepherds, both we and also our fathers” (Gen. xlvii. 3). Horses and camels, however, are not wanted by shepherds, and are not found in all places; thus in the booty of Midian (Num. xxxi.) no other animals are mentioned but oxen, sheep, and asses. But asses alone are indispensable to all people, especially to those who are engaged in the field or in the forest. Thus Jacob says, “I have oxen and asses” (Gen. xxxii. 5). Camels and horses are not possessed by many people, but only by a few, and are only found in a few places. The law that the first-born of an ass was to have its neck broken [in case it is not redeemed], will only ensure the redemption of the ass. It has, therefore, been said that the act of redeeming the ass is to be preferred to that of breaking its neck.

As to the precepts enumerated in the laws concerning the year of release and the jubilee (Hilkot shemittah ve-yobel) some of them imply sympathy with our fellow-men, and promote the well-being of mankind; for in reference to these precepts it is stated in the Law, “That the poor of thy people may eat” (Exod. xxiii. 11); and besides, the land will also increase its produce and improve when it remains fallow for some time. Other precepts of this class prescribe kindness to servants and to the poor, by renouncing all claims to debts [in the year of release], and relieving the slaves of their bondage [in the seventh year]. There are some precepts in this class that serve to secure for the people a permanent source of maintenance and support by providing that the land should remain the permanent property of its owners, and that it could not be sold. “And the land shall not be sold for ever” (Lev. xxv. 23). In this way the property of a person remains intact for him and his heirs, and he can only enjoy the produce thereof. I have thus explained the reason of all precepts contained in our work in the Section Zeraiʻim, with the exception of the laws concerning the intermixture of different species of beasts the reason of which will be given (chap. xlix.).

In the same manner we find that all the precepts comprised in “the laws on valuations,” and on “things devoted” are based on the principle of charity; some of them prescribe what should be given to the priests; others tell us what must be devoted to the repairs of the temple. The practice of all these things accustoms man to act liberally and to spend money unhesitatingly to the glory of God. For it is in the nature of man to strive to gain money and to increase it; and his great desire to add to his wealth and honour is the chief source of misery for man. Also the precepts contained in “the laws concerning the relation between lender and borrower” (Hilkot malveh veloveh) will be found, on being carefully examined, to be nothing but commands to be lenient, merciful and kind to the needy, not to deprive them of the use of anything indispensable in the preparation of food. “No man shall take the nether or the upper millstone to pledge: for he taketh a man’s life to pledge” (Deut. xxiv. 6).

The precepts contained in “the laws concerning slaves” (Hilkot ʻabadim), likewise prescribe only acts of pity, mercy and kindness to the poor. It is an act of mercy to give liberty to a Canaanite servant for the loss of one of his limbs (Exod. xxi. 26, 27), in order that he should not suffer from slavery and illness at the same time. The law applies even to the case that a tooth of a slave has been knocked out, much more to the mutilation of other limbs. He could only be corrected with a rod or reed or the like, as we have stated in Mishneh-torah. Besides, if the master strikes the slave too hard and kills him, he is punished with death as for ordinary murder. Mercy is also the object of the law, “Thou shalt not deliver unto his master the servant that is escaped from his master” (Deut. xxiii. 15); but it teaches besides a very useful lesson, namely, that we must always practise this virtue, help and protect those who seek our help, and not deliver them unto those from whom they flee; and it is not sufficient to give assistance to those who are in need of our help; we must look after their interests, be kind to them, and not hurt their feeling by

words. Thus the Law says: “He shall dwell with thee, even among you, in that place which he shall choose in one of thy gates, where it liketh him best: thou shalt not vex him” (ibid. ver. 16). This we owe to the lowest among men, to the slave; how much more must we do our duty to the freeborn, when they seek our assistance? But, on the other hand, when sinners and evildoers seek our help, it must not be granted; no mercy must be shown to them, and the course of justice must not be interfered with, even if they claim the protection of that which is noblest and highest; for “Thou shalt take him from mine altar that he may die” (Exod. xxi. 14). Here a person comes to seek the help of God, and claims the protection of that which is devoted to his name; God, however, does not help him, and commands that he be delivered up to the prosecutor, from whom he fled. Much less need any one of us help or pity his fellow-men [under such circumstances]; because mercy on sinners is cruelty to all creatures. These are undoubtedly the right ways designated “righteous statutes and judgments” (Deut. iv. 8), and different from the ways of the fools, who consider a person praiseworthy

when he helps and protects his fellow-men, without discriminating between the oppressor and the oppressed. This is well known from their words and songs.

The reason and usefulness of every precept of this class has thus been clearly demonstrated.

The precepts of the fifth class, enumerated in the Section “On Damages” (Sepher neziḳin), aim at the removal of wrong and the prevention of injury. As we are strongly recommended to prevent damage, we are responsible for every damage caused by our property or through our work in so far as it is in our power to take care and to guard it from becoming injurious. We are, therefore, responsible for all damage caused by our cattle; we must guard them. The same is the case with fire and pits; they are made by man, and he can be careful that they do not cause damage. I will point out the equity of the various laws in this respect. No compensation is enforced for damage caused by the mouth or the foot of an animal in a public thoroughfare; because this cannot be guarded against, and the damage caused there is not very large. Those who place their things in a public place are themselves guilty of neglect, and expose their property to injury. But compensation is given for damage caused to the property of a person in his own field by the tooth or the foot of an animal. It is different in the case of damage caused by the horn of animals or the like. The animal can

be guarded everywhere [and prevented from causing injury], whilst those who pass public thoroughfares cannot sufficiently take care against accidents of this kind. In this case the law is the same for all places; but there is a difference whether the owner of the animal has been warned concerning it or not (muʻad or tam). If the animal has not been in the habit of causing damage, the owner need only pay half the damage; but damage caused by an animal which has been in the habit of doing so, and has been known as savage, must be paid in full. The compensation for a slave is uniformly estimated at half the value fixed for a free man. For in the law concerning the valuation of man you find the highest valuation at sixty shekels, whilst the money to be paid for a slave is fixed at thirty shekels silver. The killing of an animal that has killed a human being (Exod. xxi. 28, 29) is not a punishment to the animal, as the dissenters insinuate against us, but it is a fine imposed on the owner of that animal. For the same reason the use of its flesh is prohibited. The owner of an animal will, therefore, take the greatest possible care in guarding it; he will know that

if any person is killed by the animal, whether that person be grown up or young, free or in bondage, he forfeits at least the animal; and in case he has already received a warning concerning it, he will have to pay a ransom in addition to the loss of the animal. This is also the reason why a beast is killed that has been used by a human being for an immoral purpose (Lev. xx. 15, 16); its owner will be more careful as regards his beast, will guard it, and never lose sight of it, just as he watches his household: for people fear the loss of their property as much as that of their own life; some even more, but most people hold both in the same estimation. Comp. “and to take us for bondmen, and our asses” (Gen. xliii. 18).

This class includes also the duty of killing him who pursues another person; that is to say, if a person is about to commit a crime we may prevent it by killing him. Only in two cases is this permitted; viz., when a person runs after another in order to murder him, or in order to commit fornication; because in these two cases the crime, once committed; cannot be remedied. In the case of other sins, punished with death by the court of law, such as idolatry and profanation of the Sabbath, by which the sinner does no harm to another person, and which concern only his own principles, no person may be killed for the mere intention, if he has not carried it out. It is known that desire is denounced because it leads to coveting, and the latter is prohibited because it leads to robbery, as has been said by our Sages.

The object of the law of restoring lost property to its owner (Deut. xxii. 1–3) is obvious. In the first instance, it is in itself a good feature in man’s character. Secondly, its benefit is mutual; for if a person does not return the lost property of his fellow-man, nobody will restore to him what he may lose, just as those who do not honour their parents cannot expect to be honoured by their children. A person who killed another person unknowingly must go into exile (Exod. xxi. 13; Num. xxxv. 11–28); because the anger of “the avenger of the blood” (Num. xxxv. 19) cools down while the cause of the mischief is out of sight. The chance of returning from the exile depends on the death of [the high-priest], the most honoured of men, and the friend of all Israel. By his death the relative of the slain person becomes reconciled (ibid. ver. 25); for it is a natural phenomenon that we find consolation in our misfortune when the same misfortune or a greater one has befallen another person. Amongst us no death causes more grief than that of the high-priest.

The beneficial character of the law concerning “the breaking of the neck of a heifer” (Deut. xxi. 1–8) is evident. For it is the city that is nearest to the slain person that brings the heifer, and in most cases the murderer comes from that place. The elders of the place call upon God as their witness, according to the interpretation of our Sages, that they have always kept the roads in good condition, have protected them, and have directed every one that asked his way; that the person has not been killed because they were careless in these general provisions, and they do not know who has slain him. As a rule the investigation, the procession of the elders, the measuring, and the taking of the heifer, make people talk about it, and by making the event public, the murderer may be found out, and he who knows of him, or has heard of him, or has discovered him by any due, will now name the person that is the murderer, and as soon as a man, or even a woman or handmaid, rises up and names a certain person as having committed the murder, the heifer is not killed. It is well known that it is considered great wickedness and guilt on the part of a person who knows the murderer, and is silent about him whilst the elders call upon God as witness that they know nothing about the murderer.

Even a woman will, therefore, communicate whatever knowledge she has of him. When the murderer is discovered, the benefit of the law is apparent. If the court of justice cannot sentence him to death, the king may find him guilty, who has the power to sentence to death on circumstantial evidence; and if the king does not put him to death, the avenger of blood may scheme and plan his death, and at last kill him. We have thus shown the use of the law concerning the breaking of the neck of the heifer in discovering the murderer. Force is added to the law by the rule that the place in which the neck of the heifer is broken should never be cultivated or sown. The owner of the land will therefore use all means in his power to search and to find the murderer, in order that the heifer be not killed and his land be not made useless to him.

The precepts of the sixth class comprise the different ways of punishing the sinner. Their general usefulness is known and has also been mentioned by us. I will here describe them one by one and point out their nature in detail.

The punishment of him who sins against his neighbour consists in the general rule that there shall be done unto him exactly as he has done: if he injured any one personally, he must suffer personally; if he damaged the property of his neighbour, he shall be punished by loss of property. But the person whose property has been damaged should be ready to resign his claim totally or partly. Only to the murderer we must not be lenient because of the greatness of his crime; and no ransom must be accepted of him. “And the land cannot be cleansed of the blood that is shed therein but by the blood of him that shed it” (Num. xxxi. 33). Hence even if the murdered person continued to live after the attack for an hour or for days, was able to speak and possessed complete consciousness, and if he himself said, “Pardon my murderer, I have pardoned and forgiven him,” he must not be obeyed. We must take life for life, and estimate equally the life of a child and that of a grown-up person, of a slave and of a freeman, of a wise man and of a fool. For there is no greater sin than this. And he who mutilated a limb of his neighbour, must himself lose a

limb. “As he hath caused a blemish in a man, so shall it be done to him again” (Lev. xxiv. 20). You must not raise an objection from our practice of imposing a fine in such cases. For we have proposed to ourselves to give here the reason for the precepts mentioned in the Law, and not for that which is stated in the Talmud. I have, however, an explanation for the interpretation given in the Talmud, but it will be communicated vivâ voce. Injuries that cannot be reproduced exactly in another person, are compensated for by payment; “only he shall pay for the loss of his time, and shall cause him to be thoroughly healed” (Exod. xxi. 19). If any one damaged the property of another, he must lose exactly as much of his own property: “whom the judges shall condemn he shall pay double unto his neighbour” (Exod. xxii. 8); namely, he restores that which he has taken, and adds just as much [to it] of his own property. It is right that the more frequent transgressions and sins are, and the greater the probability of their being committed, the more severe must their punishment be, in order to deter people from committing them; but sins which are of rare occurrence require a less severe punishment. For this

reason one who stole a sheep had to pay twice as much as for other goods, i.e., four times the value of the stolen object; but this is only the case when he has disposed of it by sale or slaughter (Exod. xxi. 37). As a rule, the sheep remained always in the fields, and could therefore not be watched so carefully as things kept in town. The thief of a sheep used therefore to sell it quickly before the theft became known, or to slaughter it and thereby change its appearance. As such theft happened frequently, the punishment was severe. The compensation for a stolen ox is still greater by one-fourth, because the theft is easily carried out. The sheep keep together when they feed, and can be watched by the shepherd, so that theft when it is committed can only take place by night. But oxen when feeding are very widely scattered, as is also mentioned in the Nabatean Agriculture, and a shepherd cannot watch them properly; theft of oxen is therefore a more frequent occurrence.

The law concerning false witnesses (Deut. xix. 19) prescribes that they shall suffer exactly the same loss which they intended to inflict upon another. If they intended to bring a sentence of death against a person, they are killed; if they aimed at the punishment of stripes, they receive stripes; and if they desire to make a person pay money, they are sentenced to pay exactly the same sum. The object of all these laws is to make the punishment equal to the crime; and it is also on this account that the judgments are “righteous” (Deut. iv. 8). A robber with violence is not ordered to pay anything as fine (Lev. v. 24); the additional fifth part [of the value of the robbed goods] is only an atonement-offering for his perjury. The reason of this rule is to be found in the rare occurrence of robbery; theft is committed more frequently than robbery, for theft can be committed everywhere; robbery is not possible in towns, except with difficulty; besides, the thief takes things exposed as well as things hidden away; robbery applies only to things exposed; against robbery we can guard and defend ourselves; we cannot do so against theft; again, the robber is known, can be sought, and forced to return that which he has robbed, whilst the thief is not known. On account of all these circumstances the law fines the thief and not the robber.

Preliminary Remark.—Whether the punishment is great or small, the pain inflicted intense or less intense, depends on the following four conditions. 1. The greatness of the sin. Actions that cause great harm are punished severely, whilst actions that cause little harm are punished less severely. 2. The frequency of the crime. A crime that is frequently committed must be put down by severe punishment; crimes of rare occurrence may be suppressed by a lenient punishment considering that they are rarely committed. 3. The amount of temptation. Only fear of a severe punishment remains us from actions for which there exists a great temptation, either because we have a great desire for these actions, or are accustomed to them, or feel unhappy without them. 4. The facility of doing the thing secretly, and unseen and unnoticed. From such acts we are deterred only by the fear of a great and terrible punishment.

After this preliminary remark, I say that the precepts of the Law may be divided into the following four classes with respect to the punishment for their transgression:—(1) Precepts whose transgression is followed by sentence of death pronounced by a court of law. (2) Precepts whose transgression is punished with excision, such transgression being held to be a very great sin. (3) In some cases the transgression is punished by stripes administered with a strap (such transgression not being considered a grievous sin, as it concerns only a simple prohibition); or by “death by Heaven.” (4) Precepts the transgression of which is not punished [even] by stripes. Prohibitions of this kind are all those that involve no act. But there are the following exceptions: [First], Swearing falsely, because it is gross neglect of man’s duty, who ought to bear constantly in mind the greatness of God. [Secondly], Changing an animal devoted to the sanctuary for another (Lev. xxvii. 10), because this change leads to contemning sacrifices devoted to the name of God. [Thirdly], Cursing a person by the name of God (ibid. xix. 14); because many dread the effect of a curse more than bodily harm. The transgression of other negative commandments that involve no act causes little harm, and cannot always be avoided, as it consists in mere words; moreover, man’s back would be inflicted with stripes all the year round if he were to be punished with stripes for each transgression of this kind. Besides, previous warning is impossible in this case. There is also wisdom in the number of stripes; for although the number of their maximum is given, there is no fixed number how many are to be applied to each person; each man receives only as many stripes as he can bear, but not more than forty (Deut. xxv. 3), even if he be strong enough for a hundred.

The “death by the court of law” is not inflicted for the transgression of any of the dietary laws; because in such a case no great harm is done, and the temptation of man to transgress these laws is not so great as the temptation to the enjoyment of sexual intercourse. In some of the dietary laws the punishment is excision. This is the case with the prohibition of eating blood (Lev. xvii. 26). For in ancient days people were very eager and anxious to eat blood as a kind of idolatrous ceremony, as is explained in the book Tomtom, and therefore the prohibition of eating blood is made very stringent. Excision is also the punishment for eating fat; because people enjoy it, and because it was distinguished and sanctified by its use in the offerings. The eating of leavened bread on Passover (Exod. xii. 15), and breaking the fast on the Day of Atonement (Lev. xxiii. 29), are likewise punished with excision: [first] on account of the great discomfort which the obedience to the law causes in these cases; [secondly] on account of the principles of faith which the laws of Passover and of the Day of Atonement inculcate: they confirm fundamental principles of the Law, viz., the belief in the wonderful departure [of Israel] from Egypt, and in the effect of repentance, according to the words, “For on this day will he forgive you” (Lev. xvi. 31). Just as in the case of eating fat, so is excision also announced as a punishment when a person eats that which is left [of a sacrifice beyond its limited time], or partakes of a sacrifice which has been made abominable; or when an unclean person eats of holy things (ibid. vii. 16–21). The object of this severity is to increase the estimation of the offering in the eyes of the people, as has been shown.

Death by the court of law is decreed in important cases: when faith is undermined, or a great crime is committed, viz., idolatry, incest, murder, or actions that lead to these crimes. It is further decreed for breaking the Sabbath (Exod. xxxi. 15); because the keeping of Sabbath is a confirmation of our belief in the Creation; a false prophet and a rebellious elder are put to death on account of the mischief which they cause; he who strikes his father or his mother is killed on account of his great audacity, and because he undermines the constitution of the family, which is the foundation of the state. A rebellious and disobedient son is put to death (Deut. xxi. 18 seq.) on account of what he might become, because he will likely be a murderer; he who steals a human being is killed, because he is also prepared to kill him whom he steals (Exod. xxi. 16). Likewise he who is found breaking into a house is prepared for murder (ibid. xxii. 1), as our Sages stated. These three, the rebellious and disobedient son, he who steals and sells a human being, and he who breaks into a house, become murderers in the course of time, as is well known. Capital punishment is only decreed for these serious crimes, and in no other case. Not all forbidden sexual intercourse is visited with the penalty of death, but only in those cases in which the criminal act can easily be done, is of frequent occurrence, is base and disgraceful, and of a tempting character; otherwise excision is the punishment. Likewise not all kinds of idolatry are capital crimes, but only the principal acts of idolatry, such as praying to an idol, prophesying in its name, passing a child through the fire, consulting with familiar spirits, and acting as a wizard or witch.

As punishments and judgments are evidently indispensable, it was necessary to appoint judges throughout the country in every town; witnesses must be heard; and a king is required whom all fear and respect, who is able to restrain the people by various means, and who can strengthen and support the authority of the judges. Although I have shown the reason of all the laws contained in “the Section of Judges” (Sefer Shofetim), I find it necessary, in accordance with the object of this treatise, to explain a few of these laws, e.g., the laws concerning a rebellious elder.

God knew that the judgments of the Law will always require an extension in some cases and curtailment in others, according to the variety of places, events, and circumstances. He therefore cautioned against such increase and diminution, and commanded, “Thou shalt not add thereto nor diminish from it” (Deut. xiii. 1); for constant changes would tend to disturb the whole system of the Law, and would lead people to believe that the Law is not of Divine origin. But permission is at the same time given to the wise men, i.e., the great court (Synhedrion) of every generation to make fences round the judgments of the Law for their protection, and to introduce bye-laws (fences) in order to ensure the keeping of the Law. Such fences once erected remain in force for ever. The Mishnah therefore teaches: “And make a fence round the Law” (Abot i. 1). In the same manner they have the power temporarily to dispense with some religious act prescribed in the Law, or to allow that which is forbidden, if exceptional circumstances and events require it; but none of the laws can be abrogated permanently, as has been explained by us in the Introduction to the Commentary on the Mishnah in treating of temporary legislation. By this method the Law will remain perpetually the same, and will yet admit at all times and under all circumstances such temporary modifications as are indispensable. If every scholar had the power to make such modifications, the multitude of disputes and differences of opinion would have produced an injurious effect. Therefore it was commanded that of the Sages only the great Synhedrion, and none else, should have this power; and whoever would oppose their decision should be killed. For if any critic were allowed to dispute the decision of the Synhedrion, the object of this law would not be attained; it would be useless.

Transgressions may be divided into four classes, viz.—(1) involuntary transgressions, (2) sins committed in ignorance, (3) sins done knowingly, and (4) sins done spitefully. He who sins involuntarily is, according to the distinct declaration of the Law, exempt from punishment, and free from all blame; comp. “Unto the damsel thou shalt do nothing; there is in the damsel no sin worthy of death” (Deut. xxii. 26). If a person sins in ignorance, he is blamable; for if he had been more considerate and careful, he would not have erred. Although he is not punished, his sin must be atoned for, and for this reason he brings a sin-offering. The Law distinguishes in this respect between a private person and a king, a high-priest or Teacher of Halakah. Hence we conclude that a person who acts wrongly, or who teaches wrongly, guided by his own reasoning—except in the case of the great Synhedrion or the high-priest—is treated as mezid (as one who sins knowingly), and does not belong to the category of shogegim (of those who sin by error). A rebellious elder is therefore put to death, although he acted and taught according to his view. But the great Synhedrion must teach according to its opinion, and if the opinion is wrong, the sin is considered as due to error. In reference to such a case the Law says, “And if the whole congregation of Israel err,” etc. (Lev. iv. 13).

It is on this principle that our Sages say, “The error in learning amounts to intentional sin” (Abot iv. 13); he who has studied insufficiently, and teaches and acts according to his defective knowledge, is to be considered as if he sinned knowingly. For if a person eats of the fat of the kidneys in the belief that it is the fat of the rump, his error is not so grave as the error of him who, eating of the fat of the kidneys, knows that it is that fat, but is ignorant of the fact that it is prohibited. The latter brings a sin-offering although he is almost an intentional transgressor. But this is only the case as far as he acts according to his knowledge; but if he decides a religious question [wrongly], he is undoubtedly an intentional sinner. The Law admits the plea of error in a religious decision only in the case of the great Synhedrion.

He who has sinned knowingly must pay the penalty prescribed in the Law; he is put to death or receives stripes, or—for transgression of prohibitions not punishable by stripes—other corporal punishment, or pays a fine. There are some sins for which the punishment is the same, whether they have been committed knowingly or unknowingly; because they are frequent, and are easily done, consisting only in the utterance of words, and involving no action besides; e.g., false swearing by witnesses, or by trustees. Intercourse with a betrothed handmaid is likewise easy and frequent; she is exposed unprotected, being in reality neither handmaid nor a free person, nor a married woman, according to the traditional interpretation of this precept.

If a person sins presumptuously, so that in sinning he shows impudence and seeks publicity, if he does not sin only to satisfy his appetite, if he does what is prohibited by the Law, not only because of his evil inclinations, but in order to oppose and resist the Law, he “reproacheth the Lord” (Num. xv. 30), and must undoubtedly be put to death. None will act in such a manner but such as have conceived the idea to act contrary to the Law. According to the traditional interpretation, therefore, the above passage speaks of an idolater who opposes the fundamental principles of the Law; for no one worships a star unless he believes [—contrary to the teachings of Scripture—] that the star is eternal, as we have frequently stated in our work. I think that the same punishment [viz., sentence of death] applies to every sin which involves the rejection of the Law, or opposition to it. Even if an Israelite eats meat [boiled] in milk, or wears garments of wool and linen, or rounds the corners of his head, out of spite against the Law, in order to show clearly that he does not believe in its truth, I apply to him the words, “he reproacheth the Lord,” and [I am of opinion] that he must suffer death as an unbeliever, though not for a punishment, but in the same manner as the inhabitants of a “city misled to idolatry” are slain for their unbelief, and not by way of punishment for crime;

wherefore their property is destroyed by fire, and is not given to their heirs, as is the case with the property of other criminals condemned to death. According to my opinion, all the members of an Israelitish community which has insolently and presumptuously transgressed any of the divine precepts, must be put to death. This is proved by the history of “the sons of Reuben and the sons of Gad” (Josh. xxii.), against whom the whole congregation of Israel decided to make war. When warning was given to the supposed offenders, it was explained to them that they had relinquished their faith, because by agreeing to transgress one particular law they rejected the truth of the whole Law. For they were addressed as follows: “What trespass is this that ye have committed against the God of Israel, to turn away this day from following the Lord?” (Josh. xxii. 16); and they replied: “The Lord knoweth, etc., if it be in rebellion, or if in transgression against the Lord,” etc. (ibid. 22). Take well notice of these principles in respect to punishments.

The Section on Judges includes also the commandment to blot out the memory of Amalek (Deut. xxv. 17–19). In the same way as one individual person is punished, so must also a whole family or a whole nation be punished, in order that other families shall hear it and be afraid, and not accustom themselves to practise mischief. For they will say, we may suffer in the same way as those people have suffered; and if there be found among them a wicked, mischievous man, who cares neither for the evil he brings upon himself nor for that which he causes to others, he will not find in his family any one ready to help him in his evil designs. As Amalek was the first to attack Israel with the sword (Exod. xvii. 8–16), it was commanded to blot out his name by means of the sword; whilst Ammon and Moab, who have not been friendly simply from meanness, and have caused them injury by cunning, were only punished by exclusion from intermarriage with the Israelites, and from their friendship. All these things which God has commanded as a punishment are not excessive nor inadequate, but, as is distinctly stated, “according to the fault” (Deut. xxv. 2).

This section contains also the law concerning preparing “a place without the camp,” and “having a paddle upon the weapon” (Deut. xxiii. 12, 13). As I have told you, it is one of the objects of the Law to train Israel to cleanliness; that they should keep free from dirt and filth, and that men should not be degraded to the condition of cattle. Another object of this law is to confirm by these preparations the belief of the warriors that God dwells in their midst. The reason of the law is therefore stated thus: “For the Lord thy God walketh in the midst of the camp” (ibid. ver. 14). The mention of this reason gave occasion to add another lesson: “That he see no unclean thing in thee and turn away from thee” (ibid.). These words warn and caution us against the usual inclination of soldiers to fornication, when they are away from their homes a long time. God therefore commanded us to do certain things which remind us that He is in our midst; we will thereby be saved from those evil practices; as it is said, “and thy camp shall be holy, that he see no unclean thing in thee” (ibid.). Even those who are unclean by pollution were compelled to stop outside the camp till the evening, and “then he shall come into the camp again.” It will thus be confirmed in the heart of every one of the Israelites that their camp must be like a sanctuary of the Lord, and it must not be like the camps of the heathen, whose sole object is corruption and sin; who only seek to cause injury to others and to take their property; whilst our object is to lead mankind to the service of God, and to a good social order. I have told you already that I only propose to give here such reasons as are apparent from the text of the Law.

To the same class belongs also the law concerning “the marriage of a captive woman” (Deut. xxi. 10 seq.). There is a well-known saying of our Sages: “This law is only a concession to human weakness.” This law contains, nevertheless, even for the nobler class of people, some moral lessons to which I will call your attention. For although the soldier may be overcome by his desire which he is unable to suppress or to restrain, he must take the object of his lust to a private place, “into the inner of his house” (Deut. xxi. 12), and he is not permitted to force her in the camp. Similarly our Sages say, that he may not cohabit with her a second time before she leaves off her mourning, and is at ease about her troubles. She must not be prevented from mourning and crying, and she must be permitted to abstain from bathing, in accordance with the words, “and she shall weep for her father and for her mother” (ibid.); for mourners find comfort in crying and in excitement till the body has not sufficient strength to bear the inner emotions; in the same manner as happy persons find rest in various kinds of play. Thus the Lord is merciful to her and gives her permission to continue her mourning and weeping till she is worn out. You know certainly that he married her as a heathen, and that during the thirty days she openly keeps her religion and even continues her idolatrous practices;

no interference with her faith was allowed during that time; and after all that she could not be sold, nor treated as a handmaid, if she could not be induced to accept the statutes of the Law. Thus the Law does not ignore the cohabitation of the Israelite with the captive woman, although it involved disobedience to God to some extent, having taken place when she was still a heathen. The Law prescribes: “Thou shalt not make merchandise of her, because thou hast humbled her” (ibid. 14). We have thus shown the moral lessons contained in these laws, and we have explained the reason of every precept of this section.

The precepts of the seventh class are the civil laws enumerated in the Section on Judgments, and part of the Section on Property. The object of these precepts is obvious. They define the ways of equity in the various transactions which must take place between man and man. Those that are engaged in such transactions must mutually promote each other’s interests; neither of the parties must strive to increase only his own profit, and that he alone should enjoy the whole benefit of the transaction. In the first place, no overcharge is permitted; only the ordinary and known rate of profit may be taken. The law fixes the limits of profits within which the transaction is valid. Even imposition in mere words [where no material harm is inflicted] is forbidden, as is well known. Next comes the law of the four kind of bailees; the fairness of the law is evident. If one keeps the property of his neighbour for nothing, without deriving therefrom any benefit for himself, and is only obliging his neighbour, he is free from all responsibility, and if any injury is done to the property, the owner alone must bear the loss. He who borrows a thing keeps it only for his own advantage, whilst the owner lends it to him to oblige him; he is

therefore responsible for everything; any loss in the property must be borne by the borrower. If one takes wages for keeping the property or pays for using it, he as well as the owner profit thereby; the losses must therefore be divided between them. It is done in this manner; the bailee pays for any loss caused through want of care, namely, when the property is stolen or lost; for this happens only when the bailee does not take sufficient precaution. The owner, on the other hand, bears such losses as cannot be prevented; namely, if by accident the animal falls and breaks its limbs, or is carried away by armed men as booty, or if it dies. The Law further ordains merciful conduct towards hired workmen because of their poverty. Their wages should be paid without delay, and they must not be wronged in any of their rights; they must receive their pay according to their work. Another instance of kindness to workmen is this: according to the regulations of this law, workmen, and even animals, must be permitted to partake of the food in the preparation of which they have been engaged. The laws which relate to property include laws concerning inheritance. They are based on the sound principle that man must not “withhold good from those to

whom it is due” (Prov. iii. 27), and when he is about to die, he must not conceive ill-will against his heirs, by squandering his property, but leave it to the one who has the greatest claim on it, that is, to him who is his nearest relation, “unto his kinsman that is next to him of his family” (Num. xxvii. 11). It is clearly stated that the son has the first claim, then comes the daughter, then the brother, and then the father’s brothers, as is well known. The father must leave the right of the first-born to his eldest son, because his love for this son came first; he must not be guided by his inclination. He may not make the son of the beloved first-born before the son of the hated (Deut. xxi. 16). Thus our highly equitable Law preserves and strengthens the virtue of respecting all kinsmen, and doing well unto them, as the prophet says: “He that is cruel troubleth his own flesh” (Prov. xi. 17). The Law correctly says, “Thou shalt open thine hand wide unto thy brother, unto thy poor” (Deut. xv. 11). Our Sages bestow much praise upon him who is kind to his relatives, and him who marries the daughter of his sister. The Law has taught us how far we

have to extend this principle of favouring those who are near to us, and of treating kindly every one with whom we have some relationship, even if he offended or wronged us; even if he is very bad, we must have some consideration for him. Thus the Law says: “Thou shalt not abhor an Edomite, for he is thy brother” (ibid. xxiii. 7). Again, if we find a person in trouble, whose assistance we have once enjoyed, or of whom we have received some benefit, even if that person has subsequently done evil to us, we must bear in mind his previous [good] conduct. Thus the Law tells us: “Thou shalt not abhor an Egyptian, because thou wast a stranger in his land” (ibid.), although the Egyptians have subsequently oppressed us very much, as is well-known. See how many moral lessons we have derived from these precepts. The last two precepts do not belong to the seventh class; but the discussion of the preference due to relatives as regards inheritance led us to speak of the Egyptians and the Edomites.

The precepts of the eighth class are enumerated in “the Section on Seasons” (Sefer zemannim). With a few exceptions, the reasons for all of them are stated in the Law. The object of Sabbath is obvious, and requires no explanation. The rest it affords to man is known; one-seventh of the life of every man, whether small or great, passes thus in comfort, and in rest from trouble and exertion. This the Sabbath effects in addition to the perpetuation and confirmation of the grand doctrine of the Creation. The object of the Fast of Atonement is evident. The Fast creates the sense of repentance; it is the same day on which the chief of all prophets came down [from Mount Sinai] with the second tables, and announced to the people the divine pardon of their great sin; the day was therefore appointed for ever as a day devoted to repentance and true worship of God. For this reason all material enjoyment, all trouble and care for the body, are interdicted, no work may be done; the day must be spent in confession; every one shall confess his sins and abandon them.

Other holy days are appointed for rejoicing and for such pleasant gathering as people generally need. They also promote the good feeling that men should have to each other in their social and political relations. The appointment of the special days for such purposes has its cause. The reason for the Passover is well known. It is kept seven days, because the period of seven days is the unit of time intermediate between a day and a month. It is also known how great is the importance of this period in Nature, and in many religious duties. For the Law always follows Nature, and in some respects brings it to perfection; for Nature is not capable of designing and thinking, whilst the Law is the result of the wisdom and guidance of God, who is the author of the intellect of all rational beings. This, however, is not the theme of the present chapter; let us return to our subject.

The Feast of Weeks is the anniversary of the Revelation on Mount Sinai. In order to raise the importance of this day, we count the days that pass since the preceding festival, just as one who expects his most intimate friend on a certain day counts the days and even the hours. This is the reason why we count the days that pass since the offering of the Omer, between the anniversary of our departure from Egypt and the anniversary of the Lawgiving. The latter was the aim and object of the exodus from Egypt, and thus God said, “I brought you unto myself” (Exod. xix. 4). As that great revelation took place only on one day, so we keep its anniversary only one day; but if the eating of unleavened bread on Passover were only commanded for one day, we should not have noticed it, and its object would not have been manifest. For it frequently happens that we take the same kind of food for two or three days. But by our continuing for a whole period [of seven days] to eat unleavened bread, its object becomes clear and evident.

New-Year is likewise kept for one day; for it is a day of repentance on which we are stirred up from our forgetfulness. For this reason the shofar is blown on this day, as we have shown in Mishneh-torah. The day is, as it were, a preparation for and an introduction to the day of the Fast, as is obvious from the national tradition about the days between New-Year and the Day of Atonement. The Feast of Tabernacles, which is a feast of rejoicing and gladness, is kept seven days, in order that the idea of the festival may be more noticeable. The reason why it is kept in the autumn is stated in the Law, “When thou hast gathered in thy labours out of the field” (Exod. xxiii. 16); that is to say, when you rest and are free from pressing labours. Aristotle, in the ninth book of his Ethics, mentions this as a general custom among the nations. He says: “In ancient times the sacrifices and assemblies of the people took place after the ingathering of the corn and the fruit, as if the sacrifices were offered on account of the harvest.” Another reason is this—in this season it is possible to dwell in tabernacles, as there is neither great heat nor troublesome rain.

The two festivals, Passover and the Feast of Tabernacles, imply also the teaching of certain truths and certain moral lessons. Passover teaches us to remember the miracles which God wrought in Egypt, and to perpetuate their memory; the Feast of Tabernacles reminds us of the miracles wrought in the wilderness. The moral lessons derived from these feasts is this: man ought to remember his evil days in his days of prosperity. He will thereby be induced to thank God repeatedly, to lead a modest and humble life. We eat, therefore, unleavened bread and bitter herbs on Passover in memory of what has happened unto us, and leave [on Succoth] our houses in order to dwell in tabernacles, as inhabitants of deserts do that are in want of comfort. We shall thereby remember that this has once been our condition; [comp.] “I made the children of Israel to dwell in booths” (Lev. xxiii. 43); although we dwell now in elegant houses, in the best and most fertile land, by the kindness of God, and because of His promises to our forefathers, Abraham, Isaac, and Jacob, who were perfect in their opinions and in their conduct. This idea is likewise an important element in our religion; that whatever good we have received and ever will receive of God, is owing to the

merits of the Patriarchs, who “kept the way of the Lord to do justice and judgment” (Gen. xviii. 19). We join to the Feast of Tabernacles the Feast of the Eighth Day, in order to complete our rejoicings, which cannot be perfect in booths, but in comfortable and well-built houses. As regards the four species [the branches of the palm tree, the citron, the myrtle, and the willows of the brook] our Sages gave a reason for their use by way of Agadic interpretation, the method of which is well known to those who are acquainted with the style of our Sages. They use the text of the Bible only as a kind of poetical language [for their own ideas], and do not intend thereby to give an interpretation of the text. As to the value of these Midrashic interpretations, we meet with two different opinions. For some think that the Midrash contains the real explanation of the text, whilst others, finding that it cannot be reconciled with the words quoted, reject and ridicule it. The former struggle and fight to prove and to confirm such interpretations according to their opinion, and to keep them as the real meaning of the text; they consider them in the same light as traditional laws. Neither of the two classes understood it, that

our Sages employ biblical texts merely as poetical expressions, the meaning of which is dear to every reasonable reader. This style was general in ancient days; all adopted it in the same way as poets [adopt a certain style]. Our Sages say, in reference to the words, “and a paddle (yated) thou shalt have upon thy weapon” [azeneka, Deut. xxiii. 14]: Do not read azeneka, “thy weapon,” but ozneka, “thy ear.” You are thus told, that if you hear a person uttering something disgraceful, put your fingers into your ears. Now, I wonder whether those ignorant persons [who take the Midrashic interpretations literally] believe that the author of this saying gave it as the true interpretation of the text quoted, and as the meaning of this precept; that in truth yated, “the paddle,” is used for “the finger,” and azeneka denotes “thy ear.” I cannot think that any person whose intellect is sound can admit this. The author employed the text as a beautiful poetical phrase, in teaching an excellent moral lesson, namely this: It is as bad to listen to bad language as it is to use it. This lesson is poetically connected with the above text. In the same sense you must understand the phrase, “Do not read so, but so,” wherever it occurs in the Midrash. I

have departed from my subject, but it was for the purpose of making a remark useful to every intellectual member of the Rabbanites. I now return to our theme. I believe that the four species are a symbolical expression of our rejoicing that the Israelites changed the wilderness, “no place of seed, or of figs, or of vines, or of pomegranates, or of water to drink” (Num. xx. 5), with a country full of fruit-trees and rivers. In order to remember this we take the fruit which is the most pleasant of the fruit of the land, branches which smell best, most beautiful leaves, and also the best of herbs, i.e., the willows of the brook. These four kinds have also those three purposes: First, they were plentiful in those days in Palestine, so that every one could easily get them. Secondly, they have a good appearance, they are green; some of them, viz., the citron and the myrtle, are also excellent as regards their smell, the branches of the palm-tree and the willow having neither good nor bad smell. Thirdly, they keep fresh and green for seven days, which is not the case with peaches, pomegranates, asparagus, nuts, and the like.

The precepts of the ninth class are those enumerated in the Section on Love. Their reason is obvious. The actions prescribed by them serve to remind us continually of God, and of our duty to fear and to love Him, to keep all His commandments, and to believe concerning God that which every religious person must believe. This class includes the laws of Prayer, Reading of Shema, Grace, and duties connected with these, Blessing of the priests, Tefillin, Mezuzah, Ẓiẓit, acquiring a scroll of the Law, and reading in it at certain times. The performance of all these precepts inculcates into our heart useful lessons. All this is clear, and a further explanation is superfluous, as being a mere repetition and nothing else.

The precepts of the tenth class are those enumerated in the laws on the Temple (Hilkot bet ha-beḥirah), the laws on the vessels of the temple and on the ministers in the temple [Hilkot kele ha-miḳdash veha-ʻobedim bo]. The use of these precepts we have stated in general terms. It is known that idolaters selected the highest possible places on high mountains where to build their temples and to place their images. Therefore Abraham, our father, chose Mount Moriah, being the highest mount in that country, and proclaimed there the Unity of God. He selected the west of the mount as the place toward which he turned during his prayers, because [he thought that] the most holy place was in the West; this is the meaning of the saying of our Sages, “The Shekinah (the Glory of God) is in the West” (B. T. Baba B 25a); and it is distinctly stated in the Talmud Yoma that our father Abraham chose the west side, the place where the Most Holy was built. I believe that he did so because it was then a general rite to worship the sun as a deity. Undoubtedly all people turned then to the East [worshipping the Sun]. Abraham turned therefore on Mount Moriah to the West, that is, the site of the Sanctuary, and

turned his back toward the sun; and the Israelites, when they abandoned their God and returned to the early bad principles, stood “with their backs toward the Temple of the Lord and their faces toward the East, and they worshipped the sun toward the East” (Ezek. viii. 16). Note this strange fact. I do not doubt that the spot which Abraham chose in his prophetical spirit, was known to Moses our Teacher, and to others; for Abraham commanded his children that on this place a house of worship should be built. Thus the Targum says distinctly, “And Abraham worshipped and prayed there in that place, and said before God, ‘Here shall coming generations worship the Lord’” (Gen. xxii. 14). For three practical reasons the name of the place is not distinctly stated in the Law, but indicated in the phrase “To the place which the Lord will choose” (Deut. xii. 11, etc.). First, if the nations had learnt that this place was to be the centre of the highest religious truths, they would occupy it, or fight about it most perseveringly. Secondly, those who were then in possession of it might destroy and ruin the place with all their might. Thirdly, and chiefly, every one of the twelve tribes would desire to have this place in its borders and under

its control; this would lead to divisions and discord, such as were caused by the desire for the priesthood. Therefore it was commanded that the Temple should not be built before the election of a king who would order its erection, and thus remove the cause of discord. We have explained this in the Section on Judges (ch. xli.).

It is known that the heathen in those days built temples to stars, and set up in those temples the image which they agreed upon to worship; because it was in some relation to a certain star or to a portion of one of the spheres. We were, therefore, commanded to build a temple to the name of God, and to place therein the ark with two tables of stone, on which there were written the commandments “I am the Lord,” etc., and “Thou shalt have no other God before me,” etc. Naturally the fundamental belief in prophecy precedes the belief in the Law, for without the belief in prophecy there can be no belief in the Law. But a prophet only receives divine inspiration through the agency of an angel. Comp. “The angel of the Lord called” (Gen. xxii. 15); “The angel of the Lord said unto her” (ibid. xvi. 11); and other innumerable instances. Even Moses our Teacher received his first prophecy through an angel. “And an angel of the Lord appeared to him in the flame of fire” (Exod. iii.). It is therefore clear that the belief in the existence of angels precedes the belief in prophecy, and the latter precedes the belief in the Law. The Sabeans, in their ignorance of the existence of God, believed

that the spheres with their stars were beings without beginning and without end, that the images and certain trees, the Asherot, derived certain powers from the spheres, that they inspired the prophets, spoke to them in visions, and told them what was good and what bad. I have explained their theory when speaking of the prophets of the Ashera. But when the wise men discovered and proved that there was a Being, neither itself corporeal nor residing as a force in a corporeal body, viz., the true, one God, and that there existed besides other purely incorporeal beings which God endowed with His goodness and His light, namely, the angels, and that these beings are not included in the sphere and its stars, it became evident that it was these angels and not the images or Asherot that charged the prophets. From the preceding remarks it is clear that the belief in the existence of angels is connected with the belief in the Existence of God; and the belief in God and angels leads to the belief in Prophecy and in the truth of the Law. In order to firmly establish this creed, God commanded [the Israelites] to make over the ark the form of two angels. The belief in the existence of angels is thus inculcated into the minds

of the people, and this belief is in importance next to the belief in God’s Existence; it leads us to believe in Prophecy and in the Law, and opposes idolatry. If there had only been one figure of a cherub, the people would have been misled and would have mistaken it for God’s image which was to be worshipped, in the fashion of the heathen; or they might have assumed that the angel [represented by the figure] was also a deity, and would thus have adopted a Dualism. By making two cherubim and distinctly declaring “the Lord is our God, the Lord is One,” Moses clearly proclaimed the theory of the existence of a number of angels; he left no room for the error of considering those figures as deities, since [he declared that] God is one, and that He is the Creator of the angels, who are more than one.

A candlestick was then put in front of the curtain, as a sign of honour and distinction for the Temple. For a chamber in which a continual light burns, hidden behind a curtain, makes a great impression on man, and the Law lays great stress on our holding the Sanctuary in great estimation and regard, and that at the sight of it we should be filled with humility, mercy, and soft-heartedness. This is expressed in the words, “And ye shall reverence my sanctuary” (Lev. xix. 30), and in order to give these words more weight, they are closely joined to the command to keep the Sabbath. The use of the altar for incense and the altar for burnt-offering and their vessels is obvious; but I do not know the object of the table with the bread upon it continually, and up to this day I have not been able to assign any reason to this commandment.

The commandment that the stones of the altar shall not be hewn and that no iron tool shall be lifted up upon them (Deut. xxvii. 5), has been explained by our Sages as follows: It is not right that the tool that shortens man’s life should be lifted up upon that which gives length of life. As an Agadic explanation this is good; but the real reason is this: the heathen used to build their altars with hewn stones; we ought not to imitate them. For this reason we have to make an altar of earth: “Thou shalt make unto me an altar of earth” (Exod. xx. 24); if it should be impossible to dispense altogether with stones, they must not be hewn, but employed in their natural state. Thus the Law also prohibits from worshipping over painted stones (Lev. xxvi. 1), or from planting any tree near the altar of the Lord (Deut. xvi. 21). The object of all these commandments is the same, namely, that we shall not employ in the worship of God anything which the heathen employed in the worship of their idols. In general terms this is repeated in the following passage: “Take heed, that thou inquire not after their gods, saying, How did these nations serve their gods? even so will I do likewise” (Deut. xii. 30); the Israelites shall not do this, because—as is expressly added—“every abomination unto the Lord, which he hateth, have they done unto their gods.”

The mode of worshipping Peor, then very general among the heathen, consisted in uncovering the nakedness. The priests were therefore commanded to make breeches for themselves to cover their nakedness during the service, and, besides, no steps were to lead up to the altar, “that thy nakedness be not discovered thereon” (Exod. xx. 23). The Sanctuary was constantly guarded and surrounded [by Levites] as a mark of respect and honour; and at the same time the layman, the unclean, and mourners, were prevented from entering the Sanctuary, as will be explained. Among other things that tend to display the greatness and the glory of the Temple and to inspire us with awe, is the rule that none shall approach it in a state of drunkenness or uncleanness, or in a disorderly state, i.e., the hair undressed and the garments rent; and that every one who officiated as priest should first wash his hands and his feet.

In order to raise the estimation of the Temple, those who ministered therein received great honour; and the priests and Levites were therefore distinguished from the rest. It was commanded that the priests should be clothed properly with beautiful and good garments, “holy garments for glory and for beauty” (Exod. xxviii. 2). A priest that had a blemish was not allowed to officiate; and not only those that had a blemish were excluded from the service, but also—according to the Talmudic interpretation of this precept—those that had an abnormal appearance; for the multitude does not estimate man by his true form but by the perfection of his bodily limbs and the beauty of his garments, and the Temple was to be held in great reverence by all.

The Levites did not sacrifice; they were not considered as being agents in the atonement of sins, for it was only the priest who was commanded “to make atonement for him” (Lev. iv. 26) and “to make atonement for her” (Lev. xii. 8). The duty of the Levites was the performance of vocal music; and a Levite became therefore disabled for service when he lost his voice. The object of the singing is to produce certain emotions; this object can only be attained by pleasing sounds and melodies accompanied by music, as was always the case in the Temple. Again, the priests, even when fit for service, and actually officiating in the Temple, were not allowed to sit down, or enter it whenever they liked; the Most Holy was only entered by the high-priest four times on the Day of Atonement, and on no other occasion. The object of all these rules was to raise the estimation of the Sanctuary in the eyes of the people.

Since many beasts were daily slaughtered in the holy place, the flesh cut in pieces and the entrails and the legs burnt and washed, the smell of the place would undoubtedly have been like the smell of slaughter-houses, if nothing had been done to counteract it. They were therefore commanded to burn incense there twice every day, in the morning and in the evening (Exod. xxx. 7, 8), in order to give the place and the garments of those who officiated there a pleasant odour. There is a well-known saying of our Sages, “In Jericho they could smell the incense” [burnt in the Temple]. This provision likewise tended to support the dignity of the Temple. If there had not been a good smell, let alone if there had been a stench, it would have produced in the minds of the people the reverse of respect; for our heart generally feels elevated in the presence of good odour, and is attracted by it, but it abhors and avoids bad smell.

The anointing oil (Exod. xxx. 22–33) served a double purpose: to give the anointed object a good odour, and to produce the impression that it was something great, holy, and distinguished, and better than other objects of the same species; it made no difference whether that object was a human being, a garment, or a vessel. All this aimed at producing due respect towards the Sanctuary, and indirectly fear of God. When a person enters the Temple, certain emotions are produced in him; and obstinate hearts are softened and humbled. These plans and indirect means were devised by the Law, to soften and humble man’s heart at entering the holy place, in order that he might entrust himself to the sure guidance of God’s commandments. This is distinctly said in the Law: “And thou shalt eat before the Lord thy God, in the place which he shall choose to place his name there, the tithe of thy corn, of thy wine, and of thine oil, and the firstlings of thy herds and of thy flocks; that thou mayest learn to fear the Lord thy God always” (Deut. xiv. 23). The object of all these ceremonies is now clear. The reason why we are not allowed to prepare [for common use] the anointing oil and the incense (ibid. ver. 32, 38) is obvious; for when the odour [of the oil and incense] is perceived only in the Sanctuary, the desired effect is great; besides [if it were allowed for every one to prepare the anointing oil], people might anoint themselves therewith and imagine themselves distinguished; much disorder and dissension would then follow.

It is clear that when the ark was carried on the shoulder, and was not put on a waggon, it was done out of respect towards it, and also to prevent its being damaged in its form and shape; even the staves were not moved out of the rings, for this reason. In order that the form of the ephod and the breastplate should not be spoiled, they were never separated. The garments were also entirely woven and not cut, in order not to spoil the work of the weaving. Those that ministered in the Temple were strictly prohibited to interfere with each other’s work; for if in public duties and offices, each one would not have assigned to him his particular task, general carelessness and neglect would soon be noticed. It is evident that the object of giving different degrees of sanctity to the different places, to the Temple mount, the place between the two walls, to the Hall of women, to the Hall, and so on up to the Most Holy, was to raise the respect and reverence of the Temple in the heart of every one that approached it. We have thus described the reason of all precepts of this class.

The precepts of the eleventh class are enumerated in the Section on Divine Service (Sefer ʻabodah) and the Section on Sacrifices (Sefer ha-ḳorbanot). We have described their use in general terms (chap. xxxii.). I will now proceed to give the reason of each precept separately.

Scripture tells us, according to the Version of Onkelos, that the Egyptians worshipped Aries, and therefore abstained from killing sheep, and held shepherds in contempt. Comp. “Behold we shall sacrifice the abomination of the Egyptians,” etc. (Exod. viii. 26); “For every shepherd is an abomination to the Egyptians” (Gen. xlvi. 34). Some sects among the Sabeans worshipped demons, and imagined that these assumed the form of goats, and called them therefore “goats” [seʻirim]. This worship was widespread. Comp. “And they shall no more offer their sacrifices unto demons, after whom they have gone a whoring” (Lev. xvii. 7). For this reason those sects abstained from eating goats’ flesh. Most idolaters objected to killing cattle, holding this species of animals in great estimation. Therefore the people of Hodu [Indians] up to this day do not slaughter cattle even in those countries where other animals are slaughtered. In order to eradicate these false principles, the Law commands us to offer sacrifices only of these three kinds: “Ye shall bring your offering of the cattle [viz.], of the herd and of the flock” (Lev. i. 2). Thus the very act which is considered by the heathen as the greatest crime, is the means of approaching God, and obtaining His pardon for our sins. In this manner, evil principles, the diseases of the human soul, are cured by other principles which are diametrically opposite.

This is also the reason why we were commanded to kill a lamb on Passover, and to sprinkle the blood thereof outside on the gates. We had to free ourselves of evil doctrines and to proclaim the opposite, viz., that the very act which was then considered as being the cause of death would be the cause of deliverance from death. Comp. “And the Lord will pass over the door, and will not suffer the destroyer to come unto your houses to smite you” (Exod. xii. 23). Thus they were rewarded for performing openly a service every part of which was objected to by the idolaters.

To the above reason for the exclusive selection of the three kinds of animals for sacrifices, we may add the following, namely, that these species are animals which can be got very easily, contrary to the practice of idolaters that sacrifice lions, bears, and wild beasts, as is stated in the book Tomtom. As, however, many could not afford to offer a beast, the Law commanded that birds also should be sacrificed, but only of those species which are found abundantly in Palestine, are suitable, and can easily be obtained, namely, turtle-doves and pigeons. Those who are too poor to offer a bird, may bring bread of any of the kinds then in use: baked in the oven, baked in a pan, or in a frying-pan. If the baking of the bread is too much trouble for a person, he may bring flour. All this concerns only those who desire to sacrifice; for we are distinctly told that the omission of the sacrificial service on our part will not be reckoned to us a sin: “If thou shalt forbear to vow, it shall be no sin in thee” (Deut. xxiii. 22). The idolaters did not offer any other bread but leavened, and chose sweet things for their sacrifices, which they seasoned with honey, as is fully described in the books

which I named before; but salt is not mentioned in any of their sacrifices. Our Law therefore forbade us to offer leaven or honey, and commanded us to have salt in every sacrifice: “With all thine offerings thou shalt offer salt” (Lev. ii. 13). It is further ordained that the offerings must all be perfect and in the best condition, in order that no one should slight the offering or treat with contempt that which is offered to God’s name: “Offer it now unto thy governor; will he be pleased with thee?” (Mal. i. 8). This is the reason why no animal could be brought that was not yet seven days old (Lev. xxii. 26); it is imperfect and contemptible, like an untimely birth. Because of their degraded character it was prohibited to bring “the hire of a harlot and the price of a dog” (Deut. xxiii. 18) into the Sanctuary. In order to bring the offering in the best condition, we choose the old of the turtle-doves and the young of the pigeons, the old pigeons being less agreeable. The oblation must likewise be mingled with oil, and must be of fine flour (Lev. ii. 1), for in this condition it is good and pleasant. Frankincense is prescribed (ibid.) because its fumes are good in places filled with the

odour of burnt flesh. The burnt-offering was flayed (Lev. i. 16), and its inwards and legs, although they were entirely burnt, had to be previously washed (ibid. ver. 9), in order that due respect should be shown to the sacrifice, and it should not appear despicable and contemptible. This object is constantly kept in view, and is often taught, “Ye say, The table of the Lord is polluted; and the fruit thereof, even his meat, is contemptible” (Mal. i. 12). For the same reason no body uncircumcised, or unclean (Lev. xxii. 4), was allowed to partake of any offering; nor could any offering be eaten that had become unclean (Lev. vii. 19), or was left till after a certain time (ibid. vii. 15–17), or concerning which an illegal intention had been conceived; and it had also to be consumed in a particular place. Of the burnt-offering, which is entirely devoted to God, nothing at all was eaten. Those sacrifices which are brought for a sin, viz., sin-offering and guilt-offering, must be eaten within the court of the Sanctuary (ʻazarah), and only on the day of their slaughtering and the night following, whilst peace-offerings, which are next in sanctity, being sacrifices of the second degree, may be eaten in the whole of Jerusalem, on the day they have been offered and

on the following day, but not later. After that time the sacrifices would become spoiled, and be unfit for food.

In order that we may respect the sacrifices and all that is devoted to the name of God, we are told that whosoever takes part of a holy thing for common use has committed a trespass, must bring a sin-offering, and restore what he has taken with an addition of the fifth part of its value, although he may have committed the trespass in ignorance. For the same reason animals reserved for holy purposes must not be employed in work; nor is the shearing of such animals permitted (Deut. xv. 19). The law concerning the change of a sacrifice must be considered as a preventive; for if it were permitted to substitute a good animal for a bad one, people would substitute a bad animal for a good one, and say that it was better than the original; it was therefore the rule that, if any such change had taken place, both the “original sacrifice and the exchange thereof should be holy” (Lev. xxvii. 9). When a person redeems a thing devoted by him to the Sanctuary, he must likewise add one-fifth (Lev. xxvii. 13, 15); the reason for this is plain. Man is usually selfish, and is naturally inclined to keep and save his property. He would therefore not take the necessary trouble in the interest of the Sanctuary; he would not expose his property sufficiently to the sight of the valuer, and its true value would not be fixed.

Therefore the owner had to add one-fifth, whilst a stranger paid only the exact value. These rules were laid down in order that people should not despise that with which the name of God is connected, and which serves as a means of approaching God. The oblation of the priest was entirely burnt (Lev. vi. 16), because the priest offered up his oblation by himself, and if he were to offer it, and at the same time to eat it, it would appear as if he had not performed any service. For nothing was offered upon the altar of the ordinary oblations of any person except the frankincense and a handful of the flour or cake; and if, in addition to the fact that the offering was small, he who offered it were himself to eat it, nothing of a sacrificial service would be noticed. It is therefore entirely burnt (Lev. vi. 16).

The reason of the particular laws concerning the Passover lamb is clear. It was eaten roasted by fire (Exod. xii. 8–9) in one house, and without breaking the bones thereof (ibid. ver. 46). In the same way as the Israelites were commanded to eat unleavened bread, because they could prepare it hastily, so they were commanded, for the sake of haste, to roast the lamb, because there was not sufficient time to boil it, or to prepare other food; even the delay caused by breaking the bones and to extract their marrow was prohibited; the one principle is laid down for all these rules, “Ye shall eat it in haste” (Exod. xii. 11). But when haste is necessary the bones cannot be broken, nor parts of it sent from house to house; for the company could not wait with their meal till he returned. Such things would lead to laxity and delay, whilst the object of these rules was to make a show of the hurry and haste, in order that none should be too late to leave Egypt with the main body of the people, and be thus exposed to the attacks and the evil [designs of the enemy]. These temporary commandments were then made permanent, in order that we may remember what was done in those days. “And thou shalt keep this ordinance in his season from year to year” (Exod. xiii. 10). Each Passover lamb was only eaten by those who had previously agreed to consume it together, in order that people should be anxious to procure it, and should not rely on friends, relations, or on chance, without themselves taking any trouble about it before Passover.

The reason of the prohibition that the uncircumcised should not eat of it (Exod. xii. 48) is explained by our Sages as follows:—The Israelites neglected circumcision during their long stay in Egypt, in order to make themselves appear like the Egyptians. When God gave them the commandment of the Passover, and ordered that no one should kill the Passover lamb unless he, his sons, and all the male persons in his household were circumcised, that only “then he could come near and keep it” (ibid. xii. 48), all performed this commandment, and the number of the circumcised being large the blood of the Passover and that of the circumcision flowed together. The Prophet Ezekiel (xvi. 6), referring to this event, says, “When I saw thee sprinkled with thine own blood I said unto thee, Live because of thy [two kinds of] blood,” i.e., because of the blood of the Passover and that of the circumcision.

Although blood was very unclean in the eyes of the Sabeans, they nevertheless partook of it, because they thought it was the food of the spirits; by eating it man has something in common with the spirits, which join him and tell him future events, according to the notion which people generally have of spirits. There were, however, people who objected to eating blood, as a thing naturally disliked by man; they killed a beast, received the blood in a vessel or in a pot, and ate of the flesh of that beast, whilst sitting round the blood. They imagined that in this manner the spirits would come to partake of the blood which was their food, whilst the idolaters were eating the flesh; that love, brotherhood, and friendship with the spirits were established, because they dined with the latter at one place and at the same time; that the spirits would appear to them in dreams, inform them of coming events, and be favourable to them. Such ideas people liked and accepted in those days; they were general, and their correctness was not doubted by any one of the common people. The Law, which is perfect in the eyes of those who know it, and seeks to cure mankind of these lasting diseases, forbade the eating of blood, and

emphasized the prohibition exactly in the same terms as it emphasizes idolatry: “I will set my face against that soul that eateth blood” (Lev. xvii. 10). The same language is employed in reference to him “who giveth of his seed unto Molech”; “then I will set my face against that man” (ibid. xx. 5). There is, besides idolatry and eating blood, no other sin in reference to which these words are used. For the eating of blood leads to a kind of idolatry, to the worship of spirits. Our Law declared the blood as pure, and made it the means of purifying other objects by its touch. “And thou shalt take of the blood ... and sprinkle it upon Aaron, and upon his garments, and upon his sons, and upon the garments of his sons with him. And he shall be hallowed, and his garments, and his sons,” etc. (Exod. xxix. 21). Furthermore, the blood was sprinkled upon the altar, and in the whole service it was insisted upon pouring it out, and not upon collecting it. Comp. “And he shall pour out all the blood at the bottom of the altar” (Lev. iv. 18); “And the blood of thy sacrifices shall be poured out upon the altar of the Lord thy God” (Deut. xii. 27). Also the blood of

those beasts that were killed for common use, and not for sacrifices, must be poured out, “Thou shalt pour it upon the earth as water” (ibid. ver. 24). We are not allowed to gather and have a meal round the blood, “You shall not eat round the blood” (Lev. xix. 26). As the Israelites were inclined to continue their rebellious conduct, to follow the doctrines in which they had been brought up, and which were then general, and to assemble round the blood in order to eat there and to meet the spirits, God forbade the Israelites to eat ordinary meat during their stay in the wilderness; they could only partake of the meat of peace-offerings. The reason of this precept is distinctly stated, viz., that the blood shall be poured out upon the altar, and the people do not assemble round about. Comp. “To the end that the children of Israel may bring their sacrifices, which they offer in the open field, even that they may bring them unto the Lord.... And the priest shall sprinkle the blood upon the altar, ... and they shall no more offer their sacrifices unto the spirits” (Lev. xvii. 5–7). Now there remained to provide for the slaughtering of the beasts of the field and birds, because those beasts were never sacrificed, and

birds did never serve as peace-offerings (Lev. iii.). The commandment was therefore given that whenever a beast or a bird that may be eaten is killed, the blood thereof must be covered with earth (Lev. xvii. 13), in order that the people should not assemble round the blood for the purpose of eating there. The object was thus fully gained to break the connexion between these fools and their spirits. This belief flourished about the time of our Teacher Moses. People were attracted and misled by it. We find it in the Song of Moses (Deut. xxxii.): “They sacrificed unto spirits, not to God” (ibid. 17). According to the explanation of our Sages, the words lo eloha imply the following idea: They have not only not left off worshipping things in existence; they even worship imaginary things. This is expressed in Sifri as follows: “It is not enough for them to worship the sun, the moon, the stars; they even worship their babuah.” The word babuah signifies “shadow.” Let us now return to our subject. The prohibition of slaughtering cattle for common use applied only to the wilderness, because as regards the “spirits” it was then the general belief that they dwelt in deserts, that there they spoke and were visible, whilst in towns and in cultivated land they did

not appear. In accordance with this belief those inhabitants of a town who wanted to perform any of those stupid practices, left the town and went to woods and waste places. The use of cattle for common food was therefore allowed when the Israelites entered Palestine. Besides, there were great hopes that the disease would become weakened, and the followers of the doctrines would decrease. Furthermore, it was almost impossible that every one who wanted to eat meat should come to Jerusalem. For these reasons the above restriction was limited to the stay of the Israelites in the wilderness.

The greater the sin which a person had committed, the lower was the species from which the sin-offering was brought. The offering for worshipping idols in ignorance was only a she-goat, whilst for other sins an ordinary person brought either a ewe-lamb or a she-goat (Lev. iv. 27–35), the females bring, as a rule, in every species, inferior to the males. There is no greater sin than idolatry, and also no inferior species than a she-goat. The offering of a king for sins committed ignorantly was a he-goat (ibid. vers. 22–26), as a mark of distinction. The high priest and the Synhedrion, who only gave a wrong decision in ignorance, but have not actually committed a sin, brought a bull for their sin-offering (ibid. ver. 3–21), or a he-goat, when the decision referred to idolatry (Num. xv. 22–26). The sins for which guilt-offerings were brought were not as bad as transgressions that required a sin-offering. The guilt-offering was therefore a ram, or a lamb, so that the species as well as the sex were superior in this latter case, for the guilt-offering was a male sheep. For the same reason we see the burnt-offering, which was entirely burnt upon the altar, was selected from the superior sex; for only male animals were admitted as burnt-offerings. It is in accordance with the same principle that luxury and incense were absent from the oblations of a sinner (Lev. v. 11), and of a sotah, i.e., a woman suspected of adultery (Num.

v. 15). In these cases the oil and the frankincense were not added; this luxury was absent, because the persons that brought the oblation were not good and proper in their deeds, and they are, as it were, to be reminded by their offerings that they ought to repent; as if they were told, “Your offering is without any ornamental addition on account of the wickedness of your deeds.” As the sotah acted more disgracefully than any person who sins in ignorance, her offering consisted of the lowest kind, viz., of barley flour (ibid.). Thus the reasons of all these particular laws are well connected, and show that the precepts are wonderful in their significance.