Matthew 5
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[Whosoever looketh upon a woman to lust after her, &c.] "He that looketh upon a woman's heel, is as if he looked upon her belly: and he that looks upon her belly, is as if he lay with her." And yet, It was Rabban Gamaliel's custom to look upon women. And in the other Talmud; "He that looks upon the little finger of a woman, is as if he looked upon her privy parts." And yet "Rabh Gidal and R. Jochanan were wont to sit at the place of dipping, where the women were washed; and when they were admonished by some of the danger of lasciviousness, R. Jochanan answered, 'I am of the seed of Joseph, over whom an evil affection could not rule.'"
30. And if thy right hand offend thee, cut it off, and cast it from thee: for it is profitable for thee that one of thy members should perish, and not that thy whole body should be cast into hell.
[If thy right hand offend thee, cut it off.] See here Babyl. Niddah, fol. 13, quite through. Among other things, R. Tarphon saith, "Whosoever brings his hand to his modest parts, let his hand be cut off unto his navel." And a little after; "It is better that his belly should be cleft in two, than that he should descend into the well of corruption." The discourse is of moving the hand to the privy member, that, by the handling it, it might be known whether the party had the gonorrhea, or no: and yet they adjudge never so little handling it to cutting off the hand. Read the place, if you have leisure.
31. It hath been said, Whosoever shall put away his wife, let him give her a writing of divorcement:
[Whosoever putteth away his wife, let him giver her a bill of divorcement] Notice is to be taken how our Saviour passeth into these words, namely, by using the particle but. "But it hath been said." This particle hath this emphasis in this place, that it whispers a silent objection, which is answered in the following verse. Christ had said, "Whosoever looks upon a woman to lust after her hath committed adultery already": but the Jewish lawyers said, "If any one sees a woman which he is delighted withal above his wife, let him dismiss his wife and marry her."
Among the chapters of Talmudical doctrine, we meet with none concerning which it is treated more largely, and more to a punctilio, than of divorces: and yet there the chief care is not so much of a just cause of it as of the manner and form of doing it. To him that turns over the book Gittin (as also, indeed, the whole Seder Nashim, that part of the Talmud that treats of women), the diligence of the Masters about this matter will appear such that they seem to have dwelt, not without some complacency, upon this article above all others.
God, indeed, granted to that nation a law concerning divorces, Deuteronomy 24:1, permitted only "for the hardness of their hearts," Matthew 19:8: in which permission, nevertheless, they boast, as though it were indulged them by mere privilege. When God had established that fatal law of punishing adultery by death (Deut 22), for the terror of the people, and for their avoiding of that sin; the same merciful God foreseeing also how hard (occasion being taken from this law) the issue of this might be to the women, by reason of the roughness of the men; lusting, perhaps, after other women, and loathing their own wives; he more graciously provided against such kind of wife-killing by a law, mitigating the former, and allowed the putting away a wife in the same case, concerning which that fatal law was given; namely, in the case of adultery. So that that law of divorce, in the exhibition of it, implied their hearts to be hard; and, in the use of it, they shewed them to be carnal. And yet hear them thus boasting of that law: "The Lord of Israel saith, That he hateth putting away, Malachi 2:16. Through the whole chapter, saith R. Chananiah in the name of R. Phineas, he is called the Lord of Hosts: but here, of Israel, that it might appear that God subscribed not his name to divorces, but only among the Israelites. As if he should say, 'To the Israelites I have granted the putting way of wives; to the Gentiles I have not granted it.' R. Chaijah Rabbah saith, Divorces are not granted to the nations of the world."
Some of them interpreted this law of Moses (as by right they ought to interpret it), of the case of adultery only. "The school of Shamaai said, A wife is not to be divorced, unless for filthiness [that is, adultery] only, because it is said, Because he hath found filthy nakedness in her," that is, adultery.
"Rabh Papa said, If he find not adultery in her, what then? Rabba answered, When the merciful God revealed concerning him that corrupted a maid, that it was not lawful for him to put her away in his whole life (Deut 22:29), you are thence taught concerning the matter propounded, that it is not lawful to put her away, if he shall not find filthiness in his wife."
With the like honesty have some commented upon those words cited out of the prophet, For he hateth putting away. "R. Jochanan saith, The putting away of a wife is odious." Which others also have granted, indeed, of the first wife, but not of those that a man took to himself over and above. For this is approved among them for a canon, "Let no man put away his first wife unless for adultery." And "R. Eliezer saith, For the divorcing of the first wife, even the altar itself sheds tears." Which Gloss they fetch from thence, where it is said, "Let no man deal treacherously towards the wife of his youth"; Malachi 2:15.
The Jews used polygamy, and the divorcing of their wives, with one and the same license: and this, that they might have change, and all for the sake of lust. "It is lawful (say they) to have many wives together, even as many as you will: but our wise men have decreed, That no man have above four wives." But they restrained this, not so much out of some principles of chastity, as that lest a man, being burdened with many wives, might not be able to afford them food and clothing, and due benevolence: for thus they comment concerning this bridle of polygamy.
For what causes they put away their wives there is no need to inquire; for this they did for any cause of their own free will.
I. "It is commanded to divorce a wife that is not of good behavior, and who is not modest as becomes a daughter of Israel." So they speak in Maimonides and Gittin in the place above specified: where this also is added in the Gemarists: "R. Meir saith, As men have their pleasures concerning their meat and their drink, so also concerning their wives. This man takes out a fly found in his cup, and yet will not drink: after such a manner did Papus Ben Judah carry himself: who, as often as he went forth, bolted the doors and shut in his wife. Another takes out a fly found in his cup, and drinks up his cup; that he doth, who sees his wife talking freely with her neighbours and kinsfolk, and yet allows of it. And there is another, who, if he find a fly in his basket, eats it: and this is the part of an evil man, who sees his wife going out, without a veil upon her head, and with a bare neck, and sees her washing in the baths, where men are wont to wash, and yet cares not for it; whereas by the law he is bound to put her away."
II. "If any man hate his wife, let him put her away": excepting only that wife that he first married. In like manner, R. Judah thus interprets that of the prophet, If he hate her, let him put her away. Which sense some versions, dangerously enough, have followed. R. Solomon expresses the sense of that place thus: "It is commanded to put away one's wife, if she obtain not favour in the eyes of her husband."
III. "The school of Hillel saith, If the wife cook her husband's food illy, by over-salting or over-roasting it, she is to be put away."
IV. Yea, "If, by any stroke from the hand of God, she become dumb or sottish," &c.
V. But not to relate all the things for which they pronounce a wife to be divorced (among which they produce some things that modesty allows not to be repeated), let it be enough to mention that of R. Akibah instead of all: "R. Akibah said, If any man sees a woman handsomer than his own wife, he may put her away; because it is said, 'If she find not favour in his eyes.'"
[Bill of divorce.] And, A bill of divorce, Matthew 19:7; and in the Septuagint, Deuteronomy 24:1. Of which Beza thus; "This bill may seem to be called a bill of divorce [as much as, departing away], not in respect of the wife put away, as of the husband departing away form his wife." Something hard, and diametrically contrary to the canonical doctrine of the Jews: for thus they write, "It is written in the bill, Behold, thou art put away; Behold, thou art thrust away, &c. But if he writes, I am not thy husband, or, I am not thy spouse, &c.; it is not a just bill: for it is said, He shall put her away, not, He shall put himself away."
This bill is called by the Jews a bill of cutting off, and a bill of expulsion, and an instrument, and an instrument of dismission, and letters of forsaking, &c.
I. A wife might not be put away, unless a bill of divorce were given. "Therefore it is called (saith Baal Turim) A bill of cutting off, because there is nothing else that cuts her off from the husband. For although a wife were obtained three ways" [of which see the Talmud], "yet there was no other way of dismissing her, besides a bill of divorce."
II. "A wife was not put away, unless the husband were freely willing; for if he were unwilling, it was not a divorce: but whether the wife were willing or unwilling, she was to be divorced, if her husband would."
III. "A bill of divorce was written in twelve lines, neither more nor less." R. Mordecai gives the reason of this number, in these words; "Let him that writes a bill of divorce comprise it in twelve lines, according to the value of the number of the letters in the word Get. But Rabh Saadias interprets, that the bill of divorce should be written with the same number of lines wherein the books of the law are separated. For four lines come between the Book of Genesis and the Book of Exodus; four between the Book of Exodus and the Book of Leviticus; four between the Book of Leviticus and the Book of Numbers. But the four between the Book of Numbers and Deuteronomy are not reckoned, because that book is only a repetition of the law," &c.
IV. You have the copy of a bill of divorce in Alphesius upon Gittin, in this form:
A Bill of Divorce
"On the day of the week N., of the month of N., of the year of the world's creation N., according to the computation by which we are wont to reckon in the province N.; I, N., the son of N., and by what name soever I am called, of the city N., with the greatest consent of my mind, and without any compulsion urging me, have put away, dismissed, and expelled thee; thee, I say, N., the daughter of N., by what name soever thou art called, of the city N., who heretofore wert my wife. But now I have dismissed thee,--thee, I say, N., the daughter of N., by what name soever thou art called, of the city N. So that thou art free, and in thine own power to marry whosoever shall please thee; and let no man hinder thee, from this day forward even for ever. Thou art free, therefore, for any man. And let this be to thee a bill of rejection from me, letters of divorce, and a schedule of expulsion, according to the law of Moses and Israel.
REUBEN the son of Jacob witness.
ELIEZER the son of Gilead witness."
See also this form varied in some few words in Maimonides (Gerushin).
V. This bill, being confirmed with the husband's seal, and the subscription of witnesses, was to be delivered into the hand of the wife, either by the husband himself, or by some other deputed by him for this office: or the wife might deput somebody to receive it in her stead.
VI. It was not to be delivered to the wife, but in the presence of two, who might read the bill both before it was given into the hand of the wife and after: and when it was given, the husband, if present, said thus, "Behold, this is a bill of divorce to you."
VII. The wife, thus dismissed, might, if she pleased, bring this bill to the Sanhedrim, where it was enrolled among the records, if she desired it, in memory of the thing. The dismissed person likewise might marry whom she would: if the husband had not put some stop in the bill, by some clause forbidding it.
32. But I say unto you, That whosoever shall put away his wife, saving for the cause of fornication, causeth her to commit adultery: and whosoever shall marry her that is divorced committeth adultery.
[Whosoever shall put away his wife, &c.] I. Our Saviour does not abrogate Moses' permission of divorces, but tolerates it, yet keeping it within the Mosaic bounds, that is, in the case of adultery, condemning that liberty in the Jewish canons, which allowed it for any cause.
II. Divorce was not commanded in the case of adultery, but permitted. Israelites were compelled, sometimes even by whipping, to put away their wives, as appears in Maimonides (Gerushin). But our Saviour, even in the case of adultery, does not impose a compulsion to divorce, but indulgeth a license to do it.
III. "He that puts away his wife without the cause of fornication makes her commit adultery": that is, if she commits adultery: or although she commit not adultery in act, yet he is guilty of all the lustful motions of her that is put away; for he that lustfully desires, is said "to commit adultery," verse 28.
33. Again, ye have heard that it hath been said by them of old time, Thou shalt not forswear thyself, but shalt perform unto the Lord thine oaths:
[It hath been said by them of old time, Thou shalt not forswear thyself, &c.] The law forbids perjury, Leviticus 19:12, &c. To which the Fathers of the Traditions reduced the whole sin of swearing, little caring for a rash oath. In this chapter of oaths they doubly sinned:
I. That they were nothing at all solicitous about an oath, so that what was sworn were not false. They do but little trouble themselves, what, how, how often, how rashly, you swear, so that what you swear be true.
In the Talmudic tract Shevuoth, and in like manner in Maimonides, oaths are distributed into these four ranks:
First, A promissory oath: when a man swore that he would do, or not do, this or that, &c. And this was one of the twofold oaths, which were also fourfold; that is, a negative or affirmative oath; and again, a negative or affirmative oath concerning something past, or a negative or affirmative oath concerning something to come: namely, when any one swears that he hath done this or that, or not done it; or that he will do this or that, or that he will not do it. "Whosoever, therefore, swears any of these four ways, and the thing is not as he swears, (for example, that he hath not cast a stone into the sea, when he hath cast it; that he hath cast it, when he hath not; that he will not eat, and yet eats; that he will eat, and yet eateth not,) behold, this is a false oath, or perjury."
"Whosoever swears that he will not eat, and yet eats some things which are not sufficiently fit to be eaten, this man is not guilty."
Secondly, A vain or a rash oath. This also is fourfold, but not in the same manner as the former: 1. When they asserted that with an oath which was contrary to most known truth; as, "If he should swear a man were a woman, a stone-pillar to be a pillar of gold," &c.; or when any swore that was or was not, which was altogether impossible; as, "that he saw a camel flying in the air." 2. When one asserted that by an oath, concerning which there was no reason that any should doubt. For example, that "Heaven is heaven, a stone is a stone," &c. 3. When a man swore that he would do that which was altogether impossible; namely, "that he would not sleep for three days and three nights; that he would taste nothing for a full week," &c. 4. When any swore that he would abstain from that which was commanded; as, "that he would not wear phylacteries," &c. These very examples are brought in the places alleged.
Thirdly, An oath concerning something left in trust: namely, when any swore concerning something left in trust with him, that it was stolen or broke or lost, and not embezzled by him, &c.
Fourthly, A testimonial oath, before a judge or magistrate.
In three of these kinds of swearing, care is taken only concerning the truth of the thing sworn, not of the vanity of swearing.
They seemed, indeed, to make some provision against a vain and rash oath: namely, 1. That he be beaten, who so swears, and become cursed: which Maimonides hints in the twelfth chapter of the tract alleged: with whom the Jerusalem Gemarists do agree; "He that swears two is two, let him be beaten for his vain oath." 2. They also added terror to it from fearful examples, such as that is in the very same place. "There were twenty-four assemblies in the south, and they were all destroyed for a vain oath." And in the same tract, a woman buried her son for an oath, &c. Yet they concluded vain oaths in so narrow a circle, that a man might swear a hundred thousand times, and yet not come within the limits of the caution concerning vain swearing.
II. It was customary and usual among them to swear by the creatures; "If any swear by heaven, by earth, by the sun, &c. although the mind of the swearer be under these words to swear by Him who created them, yet this is not an oath. Or if any swear by some of the prophets, or by some of the books of the Scripture, although the sense of the swearer be to swear by Him that sent that prophet, or that gave that book, nevertheless this is not an oath."
"If any adjure another by heaven or earth, he is not guilty."
They swore by Heaven. By Heaven so it is.
They swore by the Temple. "When turtles and young pigeons were sometimes sold at Jerusalem for a penny of gold, Rabban Simeon Ben Gamaliel said, By this habitation [that is, by this Temple] I will not rest this night, unless they be sold for a penny of silver."
"R. Zechariah Ben Ketsab said, By this Temple, the hand of the woman departed not out of my hand." "R. Jochanan said, By the Temple it is in our hand," &c.
"Bava Ben Buta swore by the Temple in the end of the tract Cherithuth, and Rabban Simeon Ben Gamaliel in the beginning; And so was the custom in Israel." Note this, "so was the custom."
They swore by the city Jerusalem. "R. Judah saith, He that saith, 'By Jerusalem,' saith nothing, unless with an intent purpose he shall vow towards Jerusalem." Where, also, after two lines coming between those forms of swearing and vowing are added, "Jerusalem, for Jerusalem, by Jerusalem. The Temple, for the Temple, by the Temple. The altar, for the altar, by the altar. The lamb, for the lamb, by the lamb. The chambers of the Temple, for the chambers of the Temple, by the chambers of the Temple. The wood, for the wood, by the wood. The sacrifices on fire, for the sacrifices on fire, by the sacrifices on fire. The dishes, for the dishes, by the dishes. By all these things, that I will do this to you."
They swore by their own heads. "One is bound to swear to his neighbour, and he saith, Vow (or swear) to me by the life of thy head," &c.
34. But I say unto you, Swear not at all; neither by heaven; for it is God's throne:
[Swear not at all.] In the tract Demai are some rules prescribed to a religious man: among others, That he be not too much in swearing and laughing. Where the Gloss of R. Solomon is this; "means this, Be not much in oaths, although one should swear concerning things that are true: for in much swearing it is impossible not to profane." Our Saviour, with good reason, binds his followers with a straiter bond, permitting no place at all for a voluntary and arbitrary oath. The sense of these words goes in the middle way, between the Jew, who allowed some place for an arbitrary oath; and the Anabaptist, who allows none for a necessary one.
36. Neither shalt thou swear by thy head, because thou canst not make one hair white or black.
[Thou canst not make one hair white or black.] That is, Thou canst not put on gray hairs, or lay them aside.
37. But let your communication be, Yea, yea; Nay, nay: for whatsoever is more than these cometh of evil.
[Let your communication be, Yea, yea; nay, nay.] In Hebrew, Giving and receiving [that is, business] among the disciples of the wise men, Let it be in truth and faith, by saying, Yes, yes; No, no: or, according to the very words, concerning Yes, yes; concerning No, no.
"If it be said to a lunatic, Shall we write a bill of divorce for your wife? and he nod with his head, they try thrice; and if he answer to No, no; and to Yes, yes; they write it, and give it to his wife."
38. Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth.
[Ye have heard that it hath been said, An eye for an eye, &c.] This law he also cites, as clothed in the Gloss of the scribes, and now received in the Jewish schools. But they resolved the law not into a just retaliation, but into a pecuniary compensation.
"Does any cut off the hand or foot of his neighbour? They value this according to the example of selling a servant; computing at what price he would be sold before he was maimed, and for how much less now he is maimed. And how much of the price is diminished, so much is to be paid to the maimed person, as it is said, 'An eye for an eye,' &c. We have received by tradition, that this is to be understood of pecuniary satisfaction. But whereas it is said in the law, 'If a man cause a blemish in his neighbour, the same shall be done to him' [Lev 24:19]; it means not that he should be maimed, as he hath maimed another; but when he deserveth maiming, he deserveth to pay the damage to the person maimed." They seemed, out of very great charity, to soften that severe law to themselves, when, nevertheless, in the mean time, little care was taken of lively charity, and of the forgiving an offence,--an open door being still left them to exaction and revenge, which will appear in what follows.
39. But I say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also.
[Whosoever shall smite thee on thy right cheek.] That the doctrine of Christ may here more clearly shine out, let the Jewish doctrine be set against it; to which he opposeth his.
"Does any one give his neighbour a box on the ear? let him give him a shilling. R. Judah in the name of R. Josi of Galilee saith, Let him give him a pound."
"Does he give him a blow upon the cheek? Let him give him two hundred zuzes: if with the other hand, let him give four hundred." Compare with this passage verse 39: 'If any shall strike thee on the right cheek, turn to him the other also.'
"Does he twitch him by the ear; or does he pull off his hair; or does he spit, so that his spittle falls upon him; or does he take away his coat" [note this also, and compare verse 40 with it, 'He that will take away thy coat,' &c.]; "or does he uncover a woman's head in public? Let him give four hundred zuzees."
They fetch the reason of so severe a mulct chiefly from the shame done him that is thus injured, and from the disgrace of the thing itself; and, moreover, from the dignity of an Israelite: which is declared at large by the Gemarists upon the words cited, and by Maimonides.
"Those mulcts [say they] are established and inflicted according to the dignity of the person injured. But R. Akibah said, 'Even the poorest Israelites are to be esteemed as though they were persons of quality divested of their estates, because they are the sons of Abraham, Isaac, and Jacob.'"
Hence the entrance to our Saviour's doctrine lies easy: 1. He cites the law of retaliation, that, by laying one against the other, Christian charity and forgiveness might shine the clearer. 2. He mentions these particulars which seemed to be the most unworthy, and not to be borne by the high quality of a Jew, that he might the more preach up evangelical humility, and patience, and self-denial. But why was the law of retaliation given, if at last it is melted down into this? On the same reason as the law of death was given concerning adultery, namely, for terror, and to demonstrate what the sin was. Both were to be softened by charity; this by forgiveness, that by a bill of divorce: or, if the husband so pleased, by forgiveness also.
40. And if any man will sue thee at the law, and take away thy coat, let him have thy cloak also.
[And if any will sue thee at the law, and take away thy coat, &c.] Coat, that is, Talith. So in the words of the Talmud alleged, he takes his coat Of this garment, thus the Rauch; Talith is a cloak: and why is it called Talith? Because it is above all the garments; that is, because it is the outermost garment.
In this upper garment were woven in those fringes that were to put them in mind of the law, of which there is mention Numbers 15:38. Hence is that, He that takes care of his skirts deserves a good coat. Hereupon the disgrace was increased together with the wrong, when that was taken away, concerning which they did not a little boast, nay, and in which they placed no small religion: Matthew 23:5, an upper and an inward garment... "If any give a poor man a penny to buy an inward garment, let him not buy a coat, nor an upper garment." He lends him an inner garment and a coat.
41. And whosoever shall compel thee to go a mile, go with him twain.
[And whosoever shall compel thee to go a mile, &c.] To him that had some corporeal wrong done him were these five mulcts to be paid, according to the reason and quality of the wrong: A mulct for maiming, if so be the party were maimed: a mulct for pain, caused by the blow or wound given: a mulct for the cure of the wound or blow; a mulct for the reproach brought upon him: and a mulct for ceasing, when, being wounded or beaten, he kept his bed, and could not follow his business.
To the first, the first words of our Saviour, That ye resist not evil, seem to relate: Do not so resist or rise up against an injurious person, as to require the law of retaliation against him. The second and fourth, the words following seem to respect, viz. 'Whosoever smiteth thee, so that it cause pain and shame': and those words also, 'Him that will take away thy coat.' To the last do these words under our hand refer, and to the second certainly, if "some intolerable kind of service be propounded," which the famous Beza asserts.
The word very usual among the Talmudists, whereby they denote accompanying him that goes elsewhere, out of honour and respect, reaches not the sense of the word compel, but is too soft and low for it. It is reckoned for a duty to accompany a dead corpse to the grave, and a Rabbin departing somewhere. Hence is that story, "Germani, the servant of R. Judah Nasi, willing to conduct R. Illa going away, met a mad dog," &c. The footsteps of this civility we meet with among the Christians, Titus 3:13; John, Ep. 3 verse 6; they were marks of respect, love, and reverence: but that which was required by the Jewish masters, out of arrogance and a supercilious authority, was to be done to a Rabbin, as a Rabbin.
But to compel to go a mile, sounds harsher, and speaks not so much an impulse of duty, as a compulsion of violence: and the Talmudists retain that very word Angaria, and do show, by examples not a few, what it means. "It is reported of R. Eliazar Ben Harsum, that his father bequeathed him a thousand cities on the dry land, and a thousand ships on the sea: but yet he, every day carrying along with him a bottle of meal on his shoulder, travelled from city to city, and from country to country, to learn the law. On a certain day his servants met him, and angariate, compel him. He saith to them, 'I beseech you, dismiss me, that I may go and learn the law.' They say to him, 'By the life of R. Eliazar Ben Harsum, we will not dismiss you,'" &c. Where the Gloss is, "Angariah is the service of the governor of the city; and he was here to serve himself [for he was the lord of the city]. But they knew him not, but thought him to belong to one of those his cities: for its was incumbent on them to attend on their master."
Again; "R. Eliezer saith, 'Why was Abraham our father punished, and why were his sons afflicted in Egypt two hundred and ten years?' Because he 'angariavit,' 'compelled' the disciples of the wise men to go with him: as it is said he armed his catechumens, or his trained, or instructed," Genesis 14:14.
The same almost is said of King Asa: "Rabba asked, Why was Asa punished [with the gout]? Because he compelled the disciples of the wise men to go along with him: as it is said, 'And Asa gathered together all Judah, none excepted,'" &c., 1 Kings 15:22.
We meet with mention also of angariating cattle; "An ass is hired for a hilly journey; but he that hireth him travels in the valley: although both be of the like distance, that is, ten miles, if an ass dies, he who hired him is guilty, &c. But if the ass were angariated, the hirer saith to the owner, Behold, take your beast to yourself," &c. The Gooss is, "If he were angariated, that is, if they take him for some work of the king," &c.
You see, then, whither the exhortation of our Saviour tends: 1. To patience under an open injury, and for which there is no pretence, verse 39. 2. Under an injury, for which some right and equity in law is pretended, verse 40. 3. Under an injury, compulsion, or violence, patronized by the authority of a king, or of those that are above us.
43. Ye have heard that it hath been said, Thou shalt love thy neighbour, and hate thine enemy.
[Thou shalt hate thine enemy.] Here those poisonous canons might be produced, whereby they are trained up in eternal hatred against the Gentiles, and against Israelites themselves, who do not, in every respect, walk with them in the same traditions and rites. Let this one example be instead of very many, which are to be met with everywhere: "The heretical Israelites, that is, they of Israel that worship idols, or who transgress, to provoke God: also Epicurean Israelites, that is, Israelites who deny the law and the prophets, are by precept to be slain, if any can slay them, and that openly; but if not openly, you may compass their death secretly, and by subtilty." And a little after (O! the extreme charity of the Jews towards the Gentiles); "But as to the Gentiles, with whom we have no war, and likewise to the shepherds of smaller cattle, and others of that sort, they do not so plot their death; but it is forbidden them to deliver them from death if they are in danger of it." For instance; "A Jew sees one of them fallen into the sea; let him by no means lift him out thence: for it is written, 'Thou shalt not rise up against the blood of thy neighbour': but this is not thy neighbour." And further; "An Israelite, who alone sees another Israelite transgressing, and admonisheth him, if he repents not, is bound to hate him."
46. For if ye love them which love you, what reward have ye? do not even the publicans the same?
[Do not even the publicans the same?] How odious the publicans were to the Jewish nation, especially those that were sprung of that nation, and how they reckoned them the very worst of all mankind, appears many ways in the evangelists; and the very same is their character in their own writers.
"It is not lawful to use the riches of such men, of whom it is presumed that they were thieves; and of whom it is presumed that all their wealth was gotten by rapine; and that all their business was the business of extortioners, such as publicans and robbers are; nor is their money to be mingled with thine, because it is presumed to have been gotten by rapine."
Among those who were neither fit to judge, nor to give a testimony in judgment, are numbered the collectors of taxes, and the publicans.
Publicans are joined with cut-throats and robbers. "They swear to cut-throats, to robbers and to publicans [invading their goods], This is an offering, &c. He is known by his companion."
They were marked with such reproach, and that not without good reason; partly by reason of their rapine, partly, that to the burden laid upon the nation they themselves added another burden.
"When are publicans to be reckoned for thieves? when he is a Gentile; or when of himself he takes that office upon him; or when, being deputed by the king, he doth not exact the set sum, but exacts according to his own will." Therefore the father of R. Zeira is to be reputed for a rare person, who, being a publican for thirteen years, did not make the burdens of the taxes heavier, but rather eased them.
"When the king laid a tax, to be exacted of the Jews, of each according to his estate, these publicans, being deputed to proportion the thing, became respecters of persons, burdening some and indulging others, and so became plunderers."
By how much the more grievous the heathen yoke was to the Jewish people, boasting themselves a free nation, so much the more hateful to them was this kind of men; who, though sprung of Jewish blood, yet rendered their yoke much more heavy by these rapines.