New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-11-14
THE HEBREW COMMONWEALTH.
N Explanatory Letter from VI. VI. Noa


PROFESSOR wISEs...rHE INSTITUTIONS OF MAR
RAGE BEFORE AND AFTER GIVING OF THE LAW
RIGHTS or WOMEN.
To the Editor of The Tribune:
was much pleased to find the Press Of the City
so united in awarding TO Professor WINES the praise
he cmincn,ly deserved for his able lectures on the
Hebrew Commonwealth and the justice and be-
neyolence of his object in proving how much Law
and Liberty in their application TO Civilized Gov
ernments. are indebted 10 the inspired and ustrl-
ops Legislator of the Jews. Ii is, however. 10 be
r.rre,,ed that Professor Wines unacquanted
with the illustrations OF those laws as amply detailed
in the Taliaud and Nishna which are in fact their
Kew. know Of but one Christian divine who fully
understands them. DR.. Bush. twas on this account
that Professor Wines was not sufficiently full the
Institution of Marriage Divorce and the Rights of
Women in the Cosmogony OF Moses, subject in
which the whoe world is deeply interested, and
from which many erroneous opinions have arisen.
With YOUR permission, l beg leave 10 I'LL up the
space with few explanatory remarks, which the
Professor was under the necessity OF emitting.
The institution of Marriage has its origin from the
creation OF the world, and may be considered as
founded upon that affirmative precept to man and
woman, increase and multiply
The Jews have ever considered this command as
obligatory upon all males of proper age, In the
Oriental countries, il is not uncommon to marry al
the age of thirteen and seldom do they remain
single until twenty Women not under the
same strict obligations OF fulfilling this command,
from the fact that delicacy precudes them from
making their addresses 10 men, and therefore, IN re-
laton 10 marriage, they are not Tree agents. II is
imperative by the written and oral law, TO carry Out
this institution to It's fullest extent, and never al
low poverty 10 prevent the tulhlment OF this high
obligation, and in the early periods OF history, when
the world but thinly populated the constant
and rapid Increase of i family was ever deemed
blessing as the Rabbins declare that he who adds a
Soul 10 Israel adds strength and dignity 10 the
world The law also made it imperative, that no
man should keep a family and habitation without
a woman nor should woman be permitted Ii IN
her power 10 live without a husband, for tear that
imputaiions ight be thrown upon her virtue, ana
she should be exposed TO the importantly and soci
ta,ions of men. The learned writers OF the Law
were loud in their praises oi marriage and Their
condemnation Of cclibacy they considered wo-
man imperfect without husband, and that man
without wife and children loses both dignity and
character Sierility in those times was absolutely
condemned, and barrenness was opprobrlous. ms
natural attachment 10 the divine command, and
love as well admiration OF the institution OF mar
rage so strongly prevailed that say the abbnsts,
was not mmodest in the virgins OF Israel 10 dance
in the VINEYARDS on the day of eXpiation and TO
make proclamation frankly and unblushingly III these
terms:
40 young man. lift up your eyes and see which of US
inspire you with most affection. Do not dwell on beauty,
for that is deceu and fades Ike the twilight set not
YOUR hearts on riches tor they take wings aud y away
approve therefore, OF such among who unite modesty
with pety.
no Holm
marriage esteemed the most happy II being a
common maxim in those times that man finds no
relrcshmcnt for his soul but from his first wife
We learn oar rights and duties on this important
ppiut from the declaration OF Adam. when IN the
spirit of prophecy he uttered these words: There
fore shall man leave his father aud mother and
cleavc unto his wife All intercourse with other
women are in these words prohibited Tor adherlng
TO YOUR own wife, forbids all commerce with the
wife of another man. 1t is also to be inferred from
this declaration of the Father OF Mankind that 10
lvgalny is likewise prohibited for he said at the
same time, that man and wife should be one hesh'-
that you shall clcave TO your wife. not your wives,
and these expressions, also, mpicdIy prohibit dl'
vorcc for being one flesh, they cannot be divided.
Before the law OF Moses regulated the manner oil
contracting marriage, there was but little ceremony
observed If man met woman who pleased
him, he had the privilege forthwith TO propose Tor
her she consented but even IN this, certain de-
corum was observed The parents OF the girl were
consulted if she was in her minority, and the con
tract was made in the house OF the father the brac
was yelled conducted with lights INTO chamber,
remained after espOusa long time III the house OF
her uarents and before she carried 10 hcr nus
hands house the bencdction was pronounced by
some principal relative, after the example oil the
hrothcrs OF Rcbekah who blessed her at her de
parture. saving Be thou the mother OF thousands
of millions and let thy seed possess the gate OF those
that hate thee.
Before the law was given TO the Children OF Is
rael it was evident, particularly among the Patri
archs that the connubia rites were regarded as oil
great simplicity which gave rise 10 various abuses
and mmoraliiies, contrary as we should suppose 10
tue laws of God-such as promscuous Intercourse
OF the sexes, adultery. polygamy, divorce, &c &c
Incontinence could have been considered crime
al that period if we are judge from the history OF
Thamar and Judah-(Gen. 3s: 2-3. Judah was
eminent man, and could not, besides the neanhess
of the act itself have committed it, had he deemed
il to have been Il crime. Hence, before the adop-
ton OF the Mosaic Law this promscuous intercourse
was not deemed criminal Tor learned commenta-
tor says-Yo may take any woman whom you meet
with on the road il she consents, and If you pay her
with money, she has no farther claim upon you II Is
clear, however that alter the PRONUNCIATION oil Inc
law this class OF women was not tolerated. tor the
law declares There snail not be harot III Israel!
Prostitution could not have been considered crime
before the law, because the money pald 10 the Wo-
man was in the nature OF dowry, gwen 10 wo-
man on divorce but it is evident that this liberty
and indulgence were false and impure being IN vio-
a,ion of the Law Of Marriage IN lis original lnstltu
ton. Iii clearly apparent in referring 10 the case
OF Dinah Gen. 34-3l,) that prostitutes were lnia-
nous in those days, and therefore TO converse with
them was criminal Judah must have been aware
OF il in his efforts conceal The matter tor although
there were no penalties attached it, 1t must not be
considered as allowed by God because it was not
punished by men. Adultery always deemed
criminal even in the first OF the world the case
OF Thdm0r is in proof that the crime was deeHied
capital for judah ordered her be burnt after her
delivery. Some of the learned writers are OF opln-
ion that burning in her sicnihed branding with
q hot iron ON the forehead mark usually made TO
Distinguish u harot from other women. bat am IN
cned TO the belief that she was condemned 10 die,
and although stoning death was the punishment OF
an adultcrcss yet as Thamar the daughter OF a
Priest, such one guilty OF adultery was, by the Mo.
sale law, doomed TO be burnt alive. The case OF
Tnamar wasa peculiar one she was widow, but
at the time she sinned in wanioness and became
a ha-ot she was betrothed TO Shiloh the third son
OF Judah and her crime on that account was