Page:The old paths, or The Talmud tested by Scripture.djvu/445

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to act the part of an inconsiderate and merciless tyrant, and this is what the oral law does. It says—

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"All the first three days it is unlawful to work, even though the man should be so poor as to live on alms. But after that, if he be poor, he may work privately in his own house." Thus, all those whose business lies out of doors, and who are obliged to wander about in order to get a livelihood, are completely cut off from the possibility of supplying the wants of their family. The law was evidently made under very different circumstances from those in which the Jewish people are now found. It presupposes that every one has got some trade or occupation whereby he can earn his bread at home, but this is not the case at present. A large proportion of the people, in every part of the world, now get a living by frequenting the public resorts of men: to forbid these, then, from going forth to their work, is equivalent to forbidding them to eat during seven days. Why then should Israel be bound by these laws, which even, according to the confession of the rabbies, have no Divine authority, and are now only oppressive to the poor?

But it is not merely of inconsideration for the poor that the oral law is guilty: we have more than once remarked the proud contempt with which it treats the poor and the unlearned, and are sorry to find it even in the laws concerning the last sad offices to humanity:—

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"If there be two persons dead in a city at once, he that died first, is first to be carried forth to burial, and then the second. But if one of them be a wise man, and the other the disciple of a wise man, the wise man is to have the precedency. If one be the disciple of a wise man and the other an unlearned one (amhaaretz), the disciple of the wise man is to be carried forth first." (Joreh Deah, 354.) We do not here object to the practical result, but to the spirit of the law. God has ordained different ranks and grades of society, and wills, therefore, that honour should be given to whom honour is due, and the common course of the world brings men and things to their level. But the doctors of the oral law were determined not to leave their posthumous honour to the natural course of events, but whilst they lived, took the matter into their own hands, and decreed that the honour paid them in life should