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Glossary
Photo Credits
Index
 Contents
Maps
Features
Preface
New to the Fourth Edition
Hallmark Features
Learning Resources for Of the People
Acknowledgments
About the Authors

CHAPTER 15 Reconstructing a Nation, 1865–1877

AMERICAN PORTRAIT: John Dennett Visits a Freedmen’s Bureau Court

Wartime Reconstruction
Lincoln’s Ten Percent Plan Versus the Wade-Davis Bill
The Meaning of Freedom
Experiments with Free Labor

Presidential Reconstruction, 1865–1867

The Political Economy of Contract Labor
Resistance to Presidential Reconstruction
Congress Clashes with the President
Origins of the Fourteenth Amendment

Congressional Reconstruction
The South Remade
The Impeachment and Trial of Andrew Johnson
 Radical Reconstruction in the South
Achievements and Failures of Radical Government
The Political Economy of Sharecropping
The Gospel of Prosperity
A Counterrevolution of Terrorism and Economic Pressure

AMERICA AND THE WORLD: Reconstructing America’s Foreign Policy

A Reconstructed West
The Overland Trail
The Origins of Indian Reservations
The Destruction of Indian Subsistence

The Retreat from Republican Radicalism

Republicans Become the Party of Moderation

Reconstructing the North

The Fifteenth Amendment and Nationwide African American Suffrage
Women and Suffrage

The End of Reconstruction

Corruption Is the Fashion
Liberal Republicans Revolt
“Redeeming” the South

STRUGGLES FOR DEMOCRACY: An Incident at Coushatta, August 1874

The Twice-Stolen Election of 1876
Sharecropping Becomes Wage Labor

Conclusion
Chapter 15 Primary Sources
15.1 Petroleum V. Nasby [David Ross Locke], A Platform for Northern Democrats
(1865)
15.2 Mississippi Black Code (1865)
15.3 Sharecropping Contract Between Alonzo T. Mial and Fenner Powell (1886)
 15.4 Joseph Farley, An Account of Reconstruction
15.5 A Southern Unionist Judge’s Daughter Writes the President for Help (1874)
15.6 Red Cloud Pleads the Plains Indians’ Point of View at Cooper Union (1870)

CHAPTER 16 The Triumph of Industrial Capitalism, 1850–

1890
AMERICAN PORTRAIT: Rosa Cassettari

The Political Economy of Global Capitalism

The “Great Depression” of the Late Nineteenth Century

AMERICA AND THE WORLD: The Global Migration of Labor

The Economic Transformation of the West

Cattlemen: From Drovers to Ranchers
Commercial Farmers Remake the Plains
Changes in the Land

AMERICAN LANDSCAPE:Mining Camps in the West

America Moves to the City

The Rise of Big Business

The Rise of Andrew Carnegie
Carnegie Dominates the Steel Industry
Big Business Consolidates

A New Social Order

Lifestyles of the Very Rich
The Consolidation of the New Middle Class
The Industrial Working Class Comes of Age
Social Darwinism and the Growth of Scientific Racism

STRUGGLES FOR DEMOCRACY: “The Chinese Must Go”

The Knights of Labor and the Haymarket Disaster
Conclusion
Chapter 16 Primary Sources
16.1 Russell H. Conwell, “Acres of Diamonds” (1860s–1920s)
16.2 Visual Document: Alfred R. Waud, “Bessemer Steel Manufacture” (1876)
16.3 George Steevens, Excerpt from The Land of the Dollar (1897)
16.4 Emma Lazarus, “The New Colossus” (1883)
16.5 Josiah Strong, Excerpts from “The Superiority of the Anglo-Saxon Race” (1885)
16.6 James Baird Weaver, A Call to Action (1892)

CHAPTER 17 The Culture and Politics of Industrial America,

1870–1892
AMERICAN PORTRAIT: Luna Kellie and the Farmers’ Alliance

The Elusive Boundaries of Male and Female

The Victorian Construction of Male and Female
The Victorian Crusade for Morality
Urban Culture

A New Cultural Order: New Americans Stir Old Fears

Josiah Strong Attacks Immigration
From Immigrants to Ethnic Americans
The Catholic Church and Its Limits in Immigrant Culture
Immigrant Cultures
The Enemy at the Gates

Two Political Styles

The Triumph of Party Politics
Masculine Partisanship and Feminine Voluntarism
The Women’s Christian Temperance Union
The Critics of Popular Politics

STRUGGLES FOR DEMOCRACY: The “Crusade” Against Alcohol

Economic Issues Dominate National Politics
Greenbacks and Greenbackers
Weak Presidents Oversee a Stronger Federal Government

AMERICA AND THE WORLD: Foreign Policy: The Limited Significance of

Commercial Expansion

Government Activism and Its Limits

States Discover Activism
Cities: Boss Rule and New Responsibilities

Challenging the New Industrial Order

Henry George and the Limits of Producers’ Ideology
Edward Bellamy and the Nationalist Clubs
Agrarian Revolt
The Rise of the Populists

Conclusion
Chapter 17 Primary Sources
17.1 New York World, “How Tim Got the Votes” (1892)
17.2 Tammany Times, “And Reform Moves On” (1895)
17.3 Henry George, Excerpts from “That We Might All Be Rich” (1883)
17.4 Jacob Riis, Excerpt from How the Other Half Lives (1890) and Visual Document:
Jacob Riis, “Bandits’ Roost” (1887)
17.5 Visual Documents: “Gift for the Grangers” (1873) and the Jorns Family of Dry
Valley, Custer County, Nebraska (1886)

CHAPTER 18 Industry and Empire, 1890–1900

AMERICAN PORTRAIT: J. P. Morgan

The Crisis of the 1890s

Hard Times and Demands for Help
The Overseas Frontier
 The Drive for Efficiency
The Struggle Between Management and Labor
Corporate Consolidation

A Modern Economy
Currency: Gold Versus Silver
The Cross of Gold
The Battle of the Standards

The Retreat from Politics

The Lure of the Cities

AMERICAN LANDSCAPE:Galveston, Texas, 1900

Inventing Jim Crow

The Atlanta Compromise
Disfranchisement and the Decline of Popular Politics

STRUGGLES FOR DEMOCRACY: The Wilmington Race Riot

Organized Labor Retreats from Politics

American Diplomacy Enters the Modern World

Sea Power and the Imperial Urge
The Scramble for Empire
War with Spain
The Anti-Imperialists
The Philippine-American War
The Open Door

Conclusion
Chapter 18 Primary Sources
18.1 Frederick Winslow Taylor, Excerpts from The Principles of Scientific
Management (1911)
18.2 Booker T. Washington, “The Atlanta Compromise” (1895)
18.3 Theodore Roosevelt, Excerpts from “The Strenuous Life” (1899)
 18.4 Visual Document: Louis Dalrymple, “School Begins” (1899)

CHAPTER 19 A United Body of Action, 1900–1916

AMERICAN PORTRAIT: Helen Keller

Toward a New Politics

The Insecurity of Modern Life
The Decline of Partisan Politics
Social Housekeeping
Evolution or Revolution?

The Progressives
Social Workers and Muckrakers

STRUGGLES FOR DEMOCRACY: Public Response to The Jungle

Dictatorship of the Experts
Progressives on the Color Line

Progressives in State and Local Politics

Redesigning the City
Reform Mayors and City Services
Progressives and the States

A Push for “Genuine Democracy” and a “Moral

Awakening”
The Executive Branch Against the Trusts
The Square Deal
Conserving Water, Land, and Forests
TR and Big Stick Diplomacy
Taft and Dollar Diplomacy

AMERICAN LANDSCAPE:The Hetch Hetchy Valley

Rival Visions of the Industrial Future

 The New Nationalism
The 1912 Election
The New Freedom

Conclusion
Chapter 19 Primary Sources
19.1 Jane Addams, Excerpts from Twenty-Years at Hull House with Autobiographical
Notes (1910)
19.2 Upton Sinclair, Excerpts from The Jungle (1906)
19.3 Visual Documents: Lewis Wickes Hine, National Child Labor Committee
Photographs (Early 1900s)
19.4 Helen Keller, Excerpts from “Blind Leaders” (1913)

CHAPTER 20 A Global Power, 1914–1919

AMERICAN PORTRAIT: Walter Lippmann

The Challenge of Revolution

The Mexican Revolution
Bringing Order to the Caribbean
A One-Sided Neutrality
The Lusitania’s Last Voyage

The Drift to War

The Election of 1916
The Last Attempts at Peace
War Aims
The Fight in Congress

Mobilizing the Nation and the Economy

Enforcing Patriotism

STRUGGLES FOR DEMOCRACY: Eugene V. Debs Speaks Out Against

the War
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 Regimenting the Economy
The Great Migration
Reforms Become “War Measures”

Over There
Citizens into Soldiers
The Fourteen Points
The Final Offensive

Revolutionary Anxieties
Wilson in Paris
The Senate Rejects the League
Red Scare

AMERICA AND THE WORLD: The American Red Cross and Wartime
Civilian Aid

Conclusion
Chapter 20 Primary Sources
20.1 World War I–Era Music: “I Didn’t Raise My Boy to Be a Soldier” (1915) and
“Over There” (1917)
20.2 Eugene V. Debs, Excerpts from Canton, Ohio, Speech (1918)
20.3 George Creel, Excerpts from How We Advertised America (1920)
20.4 Woodrow Wilson, “Fourteen Points” Speech (1918)

CHAPTER 21 The Modern Nation, 1919–1928

AMERICAN PORTRAIT: “America’s Sweetheart”

A Dynamic Economy
The Development of Industry
The Trend Toward Large-Scale Organization
The Transformation of Work and the Workforce
The Defeat of Organized Labor
The Decline of Agriculture
 The Urban Nation

A Modern Culture
The Spread of Consumerism
New Pleasures for a Mass Audience
A Sexual Revolution
Changing Gender Ideals

STRUGGLES FOR DEMOCRACY: Flappers and Feminists

AMERICAN LANDSCAPE:“Flaming Youth” on Campus

The Family and Youth

The Celebration of the Individual

The Limits of the Modern Culture

The Limits of Prosperity
The “Lost Generation” of Intellectuals
Fundamentalist Christians and “Old-Time Religion”
Nativists and Immigration Restriction
The Rebirth of the Ku Klux Klan
Mexican Americans
African Americans and the “New Negro”

A “New Era” in Politics and Government

The Modern Political System
The Republican Ascendancy
The Politics of Individualism
Republican Foreign Policy
Extending the “New Era”

AMERICA AND THE WORLD: J. Walter Thompson and International

Markets

Conclusion
Chapter 21 Primary Sources
 Hiram Wesley Evans, Excerpts from “The Klan: Defender of Americanism”
21.1 (1925)
21.2 Bruce Barton, Excerpts from The Man Nobody Knows: A Discovery of the Real
Jesus (1925)
21.3 Visual Document: Colgate & Co. Advertisement (1925)
21.4 Robert Lynd and Helen Lynd, Excerpt from “Remaking Leisure in Middletown”
(1929)

CHAPTER 22 A Great Depression and a New Deal, 1929–

1940
AMERICAN PORTRAIT: Dorothea Lange

The Great Depression

Causes
Descending into Depression
Hoover Responds

The First New Deal

The Election of 1932
FDR Takes Command
Federal Relief
The Farm Crisis

STRUGGLES FOR DEMOCRACY: The Civilian Conservation Corps and a

New Brand of Environmentalism
The Blue Eagle

The Second New Deal

Critics Attack from All Sides
The Second Hundred Days
Social Security for Some
Labor and the New Deal
The New Deal Coalition
Crisis of the New Deal
Conservatives Counterattack

AMERICA AND THE WORLD: The 1936 Olympics

The Liberal Crisis of Confidence

Conclusion
Chapter 22 Primary Sources
22.1 Franklin D. Roosevelt, First Inaugural Address (1933)
22.2 Visual Documents: Dorothea Lange, Farm Security Administration Photographs
(1930s)
22.3 Letters to Eleanor Roosevelt (1936)
22.4 Remembering the Great Depression, Excerpts from Studs Terkel’s Hard Times
(1970)

CHAPTER 23 The Second World War, 1941–1945

AMERICAN PORTRAIT: A. Philip Randolph

Island in a Totalitarian Sea

A World of Hostile Blocs
The Good Neighbor
America First?
Means Short of War

Turning the Tide

Midway and Coral Sea

AMERICA AND THE WORLD: The Carrier

Gone with the Draft

The Winning Weapons
The Second Front

Organizing for Production

 A Mixed Economy
Industry Moves South and West
New Jobs in New Places
Women in Industry

Between Idealism and Fear

Japanese Internment
No Shelter from the Holocaust

STRUGGLES FOR DEMOCRACY: The Zoot Suit Riots

Closing with the Enemy

Taking the War to Europe
Island Hopping in the Pacific
Building a New World
The Fruits of Victory

Conclusion
Chapter 23 Primary Sources
23.1 Franklin D. Roosevelt, “Four Freedoms” Speech (1941)
23.2 Charles Lindbergh, America First Committee Address (1941)
23.3 Letter from James G. Thompson to the Editor of the Pittsburgh Courier (1942)
23.4 Letters from Polly Crow to Her Husband During World War II (1944)

CHAPTER 24 The Cold War, 1945–1954

AMERICAN PORTRAIT: John Turchinetz

Origins of the Cold War

Ideological Competition
Uneasy Allies
From Allies to Enemies

National Security
The Truman Doctrine
 Containment
Taking Risks
Global Revolutions

AMERICAN LANDSCAPE:The Nevada Test Site

Korea
NSC-68

The Reconversion of American Society

The Postwar Economy
The Challenge of Organized Labor
Opportunities for Women
Civil Rights for African Americans

The Frustrations of Liberalism

The Democrats’ Troubles
Truman’s Comeback

Fighting the Cold War at Home

Doubts and Fears in the Atomic Age
The Anti-Communist Crusade

STRUGGLES FOR DEMOCRACY: The Hollywood Ten

The Hunt for Spies
The Rise of McCarthyism

Conclusion
Chapter 24 Primary Sources
24.1 X (George F. Kennan), Excerpts from “The Sources of Soviet Conduct” (1947)
24.2 High School and College Graduates in the Cold War (1948–1950)
24.3 Statements by the United Auto Workers and General Motors (1945)
24.4 Harry S. Truman, Excerpts from Special Message to the Congress Recommending
a Comprehensive Health Program (1945)
24.5 Joseph McCarthy, Excerpts from Wheeling, West Virginia Speech (1950)
CHAPTER 25 The Consumer Society, 1945–1961
AMERICAN PORTRAIT: The Ricardos

Living the Good Life

Economic Prosperity

AMERICAN LANDSCAPE:Eisenhower’s Interstate Highway System

The Suburban Dream

The Pursuit of Pleasure

A Homogeneous Society?
The Discovery of Conformity
The Decline of Class and Ethnicity
The Resurgence of Religion and Family
Maintaining Gender Roles
Persisting Racial Differences
The Survival of Diversity

The Eisenhower Era at Home and Abroad

“Ike” and 1950s America
Modern Republicanism

STRUGGLES FOR DEMOCRACY: “The Fantastic, Real-Life, Dream-

Come-True Adventure of the Barstow
Family of Wethersfield, Connecticut”
An Aggressive Cold War Strategy
Avoiding War with the Communist Powers
Crises in the Third World

AMERICA AND THE WORLD: American Tourists in Cold War Europe

Challenges to the Consumer Society

Rebellious Youth
The Beat Movement
The Rebirth of Environmentalism
 The Struggle for Civil Rights
The Crisis of “Misplaced Power”

Conclusion
Chapter 25 Primary Sources
25.1 Gael Greene, “The Battle of Levittown” (1957)
25.2 H. H. Remmers and D. H. Radler, Excerpts from “Teenage Attitudes” (1958)
25.3 Visual Documents: Automobile Advertisements (1953–1955)
25.4 United States Office of Civil and Defense Mobilization, Excerpts from “Survive
Nuclear Attack” (1960)

CHAPTER 26 “The Table of Democracy,” 1960–1968

AMERICAN PORTRAIT: The A&T Four

New Approaches to Power

Grassroots Activism for Civil Rights
The New Liberalism
The New Conservatism
The New Left
The Presidential Election of 1960

The New Frontier

Style and Substance
Civil Rights

AMERICAN LANDSCAPE:“Spaceport USA”

Flexible Response and the Third World

Two Confrontations with the Soviets
Kennedy and Vietnam

The Great Society

Lyndon Johnson’s Mandate
“Success Without Squalor”
 Preserving Personal Freedom
The Death of Jim Crow

The American War in Vietnam

Johnson’s Decision for War
Fighting a Limited War
The War at Home

The Great Society Comes Apart

The Emergence of Black Power
The Youth Rebellion

STRUGGLES FOR DEMOCRACY: Protest in the Schools

The Rebirth of the Women’s Movement
Conservative Backlash
1968: A Tumultuous Year

Conclusion
Chapter 26 Primary Sources
26.1 Martin Luther King Jr., “Statement to the Press at the Beginning of the Youth
Leadership Conference” (1960) and Student Nonviolent Coordinating Committee,
Statement of Purpose (1960)
26.2 John F. Kennedy, Excerpts from Inaugural Address (1961)
26.3 Testimony of Marian Wright, Examination of the War on Poverty; Hearings
Before the Subcommittee on Employment, Manpower, and Poverty of the
Committee on Labor and Public Welfare (1967)
26.4 Lyndon B. Johnson, Excerpts from Address at Johns Hopkins University, “Peace
Without Conquest” (1965)
26.5 John Wilcock, “The Human Be-In” and “San Francisco” (1967)

CHAPTER 27 Living with Less, 1968–1980

AMERICAN PORTRAIT: “Fighting Shirley Chisholm”

A New Crisis: Economic Decline

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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 [346]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 [347]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 [348]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 [349]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 [350]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.
[Contents]
 CHAPTER XLII
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 [351]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 [352]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.

[Contents]
 CHAPTER XLIII
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 [353]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 [354]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.

[Contents]
 CHAPTER XLIV
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. [355]

[Contents]
 CHAPTER XLV
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 [356]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 [357]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 [358]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. [359]

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.

[Contents]
 CHAPTER XLVI
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 [360]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