a
THE .JEWISH ENCYCLOPEDIA
561
authoritiesasbeingposscssfd of hirgt- powers, which were exercised for the eonservation of the ethics of conduct. This niakisthe Aimtheiim not only u puni live measure, 1ml a protection a,i;ainst personal in jus lice or against immorality, whether of conduct or of ])rofession.
The offenses for which iiiddui and herein were pronounced comprise, freiierally. those committed. (1) a.U'ainst the authorities; (i)a,L,'ainst morality and public
decency: and,
llamburirer.
(lilairainst religion itself (crini|iaic
A
/.<•.).
few of these
offi'uses
may
be
here. Xiddui was pronnunced upon a perscjii who did not respect the diirnity and authiir Even ity of the bet din or of an individual rabbi.
enumerated
after his death a scholar's name and reputation should not be criticized (compare Yer. M. K. iii. Ml", //: Ber. 19n).
A
messenger or representative of the bet din
shoidd always be re<'cived with htaior; to treat him with conlem|il was an offense for which niililui was pidiiounced (Kid. 7(l/'l. A person wlm applieil an insulting epithet to allot her, noticeably that of "slave," was |)ut under ban (/'/.). Niddiu was also ])roniiunced iipDii the following: a person who publicly despised the teachings of the rabbis (Mishnah 'Ediiy. v. 0); or who was summoned to atteial cotirt and showed disrespect by appearing late, or liy non-attendance (15. K. ~/'); whixlid Udt obey an order of, ordid not comply with the terms of a verdict pr<iNiddui, on noinued by, the bet din (/'<. li:!('i; who Pro- contumaciously refused to pay damnounced. agesasscssed against him (/4. l.V;); who gave title of real estate to an idolater (ih. 114«); who desecrated the festal seasons liy labor. even the seccaid days, though the latter were found<(l
Whom
on custom
name
f)nly (Pes.
52"
l;
who pronounced
(toil's
taking an oath, made exaggerated proleslations ('{{3n JIL'v; Xed. 7), or whose hilhil Im-Shi m (desecration of the misconduct cri'ated Holy Xaine), that is to say, any misconduct or scandal that rellected upon or endangered the morality and religious character of the commiinity( Yer. M. K. /.'".). Niililui was also pronounced uiion one who was guilty of " put ting a stnmbling-block bi'l'ore the blind " that is to say. one who dealt unlairly with another, i>r sought undue advantage in business (compan- Hashi on Lev. .i.. II. .^L Iv. IT"): who interfered with the ]nd)lic exercise of religious duty (Yer. M. K. I.e. ): who was guilty of the distribution of uni lean food (Sanh. 'Z'vi): upon a Klmhil (slaughterer) w ho rc'fused to submit his knife to e.ainiiaition (IIul. IH"); uiion a divorced couple in collusion to vitiate tlw consi(|iiences of the divorce (Kel. 'JS"); upon a rabbi who had fallen inln e il repute (.L K. If. ): and upon any one w ho had luijustly pronounced niddui upim an innocent person (///.). These fore going examples prove conclusively that Anathema, from the rabbinical standpoint, was designed to purify conduct and to preserve harmonious relations bctwien the various members of the community dis(iplinc doubtless of the utmost importance ifom till' time that the .lewisli communities began to live the diltirull life of lie dia-pora. It may be concluded, theretore, that the rabbinical Anatliema, in itsdevelopments, was designed to conserve the morality of the community. In the hands of the leHeiiersof the Ijiw it was applied, with scrii pulouscnre, to protect the community It was not hastily ethical against offenders. pronounced. The transgressor was reof in vain. <ir wIki. in
—
—
I
Aim
Anathema,
peiitedly
warned
to
mend
his
ways, to
repent, or to make restitution. Il was only after every mode of remonslnince had been exhausted, and the offender's pertinacity had beconie evident, that the corrective powersof the herein were T
—
!l(i
Anathema
—
Three stieecssive times on >Ionday, on Thursday, and on the following Monday the culprit was publicly exhorted. Only when his obduracy continued was the ban pronounced, in the offender's liresence, with the formula: "3'. j', is excnmniiininited," or, in his absence, in the words: " Ix't A', A*, be invoked.
—
(Maimoniiles, "Yad lia-Hazakah: Hilkot Talnuiil Torali," vii.), without any statement of the reasons for which the Anathema was pronounced. In extreme cases, however, the reasons were jiiiblicly given: and then the ban was preceded by blowing tlic x/i'ifiir. The ban coiilil be removed by i.rm)/iiiiiiiiiriiti(/"
a rabbi ora college of three laymen (>Iaimoniiles. ih.]. jierson on whom nezifah was pronounced was rei|iiired, for the duration of the ban seven days in Palestine, one in Babylonia to remain at home, and to abstain from all business and entertainment (comjiare Yoieli De'ali, /.<:). Any jierson on niddui was |iroiioiinceil was treated with far greater severity. He was forbidden contact with every person excepting his wife and children; and it was forbidden to sit at meals with him. or to count him in the ritual number (/«/;<(/"/() requisite for prayers. He was iiermitted, however, to attend service, to study the Torah. or to attend the public leeturesof the rab-
A
—
—
whom
bis,
A
whom niddui was pronounced don the habiliments of mourning.
person over
was required
to
Niddui and
He was. moreover, forbidden to bathe, to cut his hair, and to wear footgear (the details of the discipline are given
Hereni Discipline,
in
Shulhaii Ariik Yoreh Dealt, S;334).
The person who was punished with lierem was visiied still more severely. In addition to the niddui regulations he was required to abstain from teaching, though he was permitted to study alone. He was forbidihn to partake of any food except that necessary for sustenance. If he died while under the ban his tomb was marked with a stone, and all tokens of moiirning were forbidden. Whether Anathema o|ierated as benelieently upon the excomniimieated as was originally contemidated may well be questioned. With the growth of rabbinisiii ils discipline became more concrete: and, so far as the lieieni is concerned, it often put humiliation upon condeinncil persons out of proportion to their offenses. But it must not be forgotten that the necessity of ]ireserviiig the morals of the community was paramounl. and thus may often have led to harsher measures than each offense jiistitied. As Israel grew older in the diaspom, and as it came to look iqioii the (Jentile peol>lesand their culture with iniliffeieiice, not to say contempt, offenses ag.'iinst rigid rabbinical discipline were condemned mole harshly than ever, and the right of excluding olfenders was more frequently applied. Already in the times of he Mishnali there was rigid eondeiunation of teachers for their advancement of doctrines deeined heretical, and this rigorous enforcement of a consensus of opinion and leaching continued until recent times; though the herein itself may not be |ironoiinced wherever the .li wish communily is subject to the civil and criminal codes of the n:itioiisof w hieh they now conslitiite integral elemenls. See Exio.MMfNli ATtox. I
In .Ii'wlsli Jiirispniilenee see lliliidii: K.'ma.'slMTK. t^Vl: (lurk's Kun-iirii riiiHili.i.'Inil l.llinir>', ni'W HTles, .v..vil.. Killnhiin.'li. IssT: Kwalil. Tlir Anti<fuitiit* I if Isritii, Kiiif, irun:)., Leiiiloii. l.sTii; HaiNliiinrcr, It. II. T. s.v. Iliuin : J. WliwiH'r, Ihi- Ilium in Si-iini- f!i-:ii-hirhllirllr II t^iitu'trhhom illtf ili til Ituili II ilii* Jllihti'
oiillie llen'in Iliiu.iiiiut.vriiv i/riSiuilMliiliz. .In/ic7..|.i;(.
Kelt,
Itililiriil
thunin,
Some
l,i'll»>li
light
munication ("B. J."
.l)r/i(../.i(iH,
ii.
is
11^,
III
J
y
on the origin and degrees of excomen.st by the aceoiiiit given in .loseplius
B,
j;
S) of the Kvslein of the Esseiios:
