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but on the intelligence of the transgressor; see also
Asher ben Jehiel, Responsa, xvi. 1).

According to the Mosaic law minors are unable
to enter upon any business transaction. The Rabbis,
however, provided that those who are
Business above the age of six and manifest an
Transac- appreciation of business dealings
tions of should be able to dispose of movable
Minors. property (Git. 59a, 65a). After they
had reached the age of maturity they
might dispose even of real property that came into
their possession through gift or purchase, but they
could not dispose of inherited immovable property
until they reached the age of twent}' (B. B. 155a,
156a; see Consent; Gifts; Infancy). The same
principle was followed with regard to their testi-
mony. After the age of thirteen and one day their
testimony was admitted, though in general only
when the disposition of movable property was in-
volved. If, however, they showed signs of intelli-
gence and of an appreciation of the value of their tes-
timony, they might testify also in cases involving im-
movable property (B. B. 155b; "Yad," 'Edut,ix. 8).
Minors were disqualified from testifying in any case,
although the testimony of an adult with regard to
incidents that he had witnessed in his minority was
in some cases admitted into evidence (Ket. 28a; B.
K. 88a; see Evidence). For the age at which one
might become a judge see Judge in Rabbinicai.
Literature.

Although the minor was considered not responsi-
ble for any act of his and could not be summoned to
court for any injury caused to another by him or
by his property, still when one of his animals
showed signs of viciousness (see Goring Ox) the
court was obliged to appoint some one to take
charge of the animal. There is a difference of opin-
ion among the Rabbis as to what should be done if
it caused damage after that, some thinking that the
damage should be collected from the minor's prop-
erty, and others that the trustee should pay the
damages (B. K. 39a).

On arriving at the age of maturity the boy is
obliged to observe all the commandments of Juda-
ism (Ab. V. 21 ; comp. Mahzor Vitry, I.e. ; see Bar
Mizwah). From that time on he may be counted as
one of the ten needed for public worship (Shulhan
'Aruk, Orah Hayyim, 55, 9), and he may -even act
as hazzan in case of emergency, although, as a rule,
the hazzan is required to have a full
Religious beard (Hul. 34b ; Shulhan 'Aruk, ^.c.
Majority. 53, 6-8). While the minor is regarded
in many respects as incapable of per-
forming religious observances (Kil. xvii. 15; Toh.
viii. 6; Maksh. vi. 1) and is placed in the same cate-
gory as the deaf-mute and the idiot (see Deaf
AND Dumb; Insanity) still parents are enjoined to



train their children in the observance of religious
duties aud customs even before they reach the age
of maturity. On the Day of xVtonement children of
nine years of age shoukl be made to fast part of the
day, and those who Jiave reached the age of eleven
and are healthy should fast the whole day (Yoma
78b, 82a). In all otiier religious observances, as in
making the pilgrimage to Jerusalem on every festi-
val (Hag. 2a, 6a), in attending the general assembly
on Sukkot following the Sabbatical year (Hag. 3a;
see Deut. xxxi. 12), and iu wearing zizit or tefillin
('Ar. 2b), the father is expected to train his child
during various stages of its minority.

Bibliography : Low, Die LehensaUer in der JUdischen Li-

teratur, Szefredin, 1875 ; Mayer, Die. Rechte der Israeliten,
Athener uiul Efimer, ii. 13ti, Leipsic, 1866; Mendelssohn,
Ritudlge^elzc der Juden, pp. 8.3-85. Berlin, 1793; Mielziner,
Jewixh Law of Marria\)e and Divorce, pp. 71-74, Cincin-
nati, 1884.
s. J. II. G.

MAKAI, EMIL : Himgarian poet ; born at
Mako Nov. 17, 1871; died at Budapest Aug. 6,
1901; son of Rabbi A. E. Fischer. He was edu-
cated at the Rabbinical Seminary in Budapest and
distinguished himself as a student by his poet-
ical talent. Some of the medieval Hebrew poets,
like Gabirol, Ha-Levi, Moses ibn Ezra, Al-Harizi,
and Immanuel of Rome, he made known by his happy
renderings of their productions. He wrote also
"Absalom," a Biblical drama; "Zsido KSltOkbOl "
(1891), a collection from the Hebrew poets; and
"Enekek Eneke" (1892); and he published a few
volumes of lyric poetry.

s. A. Ke.

MAKKEDAH : City situated, according to the
Priestly description of tribal boundaries and groups
of cities contained in the Book of Joshua (xv. 41),
among the foot-hills bordering upon Judah and ex-
tending westward to the maritime plain. It is men-
tioned also several times in the narrative (Josh, x.)
of the pursuit of the routed forces of the allied south-
ern kings by the Israelites under Joshua, and once
(xii. 16) in the list of the princes conquered during
the southern campaign. Apparently Makkedah
was a stronghold of some importance, being deemed
worthy of especial mention side by side with Lib-
nah, Lachish, and Hebron (x. 28-37). Near the city
was a large cave in which the live allies sought
refuge. When this was reported to Joshua he
ordered the exit of the cave to be blocked by boul-
ders and guarded. The army then followed the flee-
ing enemy and accomplished its utter defeat. On
its return to Makkedah the five kings were led out
and executed.

The site of Makkedah is much in doubt. Warren
was the first to identify it with the modern Al-Mu-
ghar ("the cave"), several miles southwest from
Ekron, and about eight miles from the sea and
twenty-five miles from Gibeou. The determining
reason for this identification is the presence of caves
at Al-Mughar. According to Major Conder it is
the only site in the Shefelaii where caves are to be
found. Eusebius declared that Makkedah was eight
miles east of Eleutheropolis, but this seems incred-
ible.

s. F. K. S.



Makkot
Makower



THE JEWISH ENCYCLOPEDIA



272



MAKKOT (niDD = "' blows," " puuisliiiR-uts ") :
Treatise of the Mishnah, Toset'la, and Geiiiaia (Pal-
estinian and Babylonian). It is tiftli in the order of
Neziiiin (" Damages"), following yanhedrin, to wliicli
in contents it is closely related and with which it
was formerly united (see Maimonides, " Hakdamah ").
It is divided into three chapters (containing respect-
ively 10, 8, and 16 niishnayot), and treats of the
conditions under which false witnesses are pro
nounced guilty of, and punished for, conspiracy
(Deut. xix. 16 etseq.); of the conditions under which
the homicide is interned in a city of refuge (Ex. xxi.
13; Deut. xix. 4-5); of the penalty of flagellation
(Deut. XXV. 1 et fieq.), wiien incurred and how ad-
ministered. Following is an epitome of its con-
tents :

I. According to the Peutateuchal law, the false
witness suffers tiie penalty which he. intended should
fall on his guiltless brotlier (Deut. xix. 19). How-
ever, tliere are cases where the same
Contents penalty can not be inflicted, as where
of First conspirators would degrade a priest
Section. by falsely declaring him to be the off-
spring of a union between a priest and
a divorcee, a union that would debar him from par-
ticipating in priestly functions (Lev. xxi. 13-14) ; or
where they would bring about an innocent man's
banishment to a city of refuge by falsely charging
him with manslaughter. In either case the same
penalty can not be imposed : in the first instance,
because the witnesses' children, who are entirely in-
nocent, would be tainted : in the second, because the
cities of refuge are for the protection of the invol-
untary homicide only (see Homicide). Therefore
the penalty is commuted from degradation or intern-
ment to flagellation. But in general the same pen-
alty is meted out to false witnesses. Thus, where
they conspire to have one adjudged indebted to an-
other in a certain sum of money, and it is legally
proved that tiieir testimony is fabricated, they are
jointly condemned to pay the accused a like sum.
Or, where they testify that A had borrowed from
B a certain sum to be repaid at the end of a
month, and it is proved that the loan was made
for ten years, tliey are jointly fined to the
amount that would be given for the use of the sum
in question for the period of ten years less the one
month.

Where tlie penalty involved is capital or corporal
punishment, eacli of tlic confuted witnesses is sub-
jected to the full penalty. Thus, if they aver that
a certain man had been sentenced to receive thirty-
nine lashes, but had escaped before the execution of
the sentence, and it is legally proved that their tes-
timony is false, each of them will receive thirty -nine
lashes. However, to subject tiie confuted witnesses
to the penalty attached to the crime charged by them
it nuist be legally demonstrated that they themselves
could not possibly iiave witnessed the crime or the
transaction concerning which they liave testified, su])-
posing it to have been committed, and it is necessary
that the coiirt should iiave pronounced their intended
victim guilty, but should not have executed the
sentence before the confutation. Korean the false
witnesses be found guilty of plotting and be sub-
jected to the penalty involved by tlieir accusation un-



less they constitute a legal number and a legal " set,"
and unless the whole set is confuted. (See Auiu.)
If among a large number of witnesses one is dis-
covered to be debarred from testifying in tlie ease
before the court, or to be disqualified from bearing
witness anywhere, the whole number is disqualified.
An escaped convict, being recaptured and brought
before the tribunal that had originally convicted
him, can have no new trial, but is dealt with accord-
ing to the sentence passed. If such a one is brought
before another tribunal and a legal number of wit-
nesses testify that in their presence a certain court
had found him guilty of a certain crime, and that he
had escaped before suffering the penalty, the latter
court is bound to have the convict duly punished.
The chapter concludes with sentiments opposed to
capital punishment. A sanhedrin that averages one
sentence of death in every seven years is a mur-
derous tribunal; Eleazar b. Azariah is of opinion
that it is such if it average one sentence of death in
seventy years; and Tarfon and Akiba declare that
they would never have permitted the execution of
a human being. Simon b. Gamaliel, however, be-
lieves that removing the fear of punishment would
contribute toward an increase in bloodshed.

II. Accidental homicide subjects its author to
exile in one of the cities assigned as cities of refuge.
Every Israelite is subject to this law, no exceptioti
being made on account of descent or station or rela-
tionship. A parent accidentally kill-
Accusation ing a child, or vice versa, is subject
of Acci- to exile ; and so is the higli prie«t.
dental The only exception allowed is in fa-
Homicide, vor of the sightless. But as "acci-
dents" admit of gradation, not all
accidental homicides are subject to the penalty of
exile (see Homicide). The number of the cities
of refuge is six— three in Canaan and three beyond
the Jordan (Num. xxxv. 13-14), and careful provi-
sion is made for their easy reach. On his way to
the city the exile is accompanied by scholars whose
duty it is to defend him against the avenger of
blood. Once interned in one of the cities he remains
there for life, or until the death of the high priest
during whose term the accident occurred (Num.
xxxv. 25 et seq.). If the high priest himself is the
exile, the death of his successor does not release
him ; neither does the death of a high priest free an
exile who has slain a high priest. If the exile goes
beyond the bounds of the city, the avenger of blood
may kill him with impunity (see Avenger). In
case the exile again becomes subject to exile, he is
transferred froih the district in which he had ix-sided
to another, but he must not leave the city. If
honors are offered the exile in his asylum, he must
not accept them without first acquainting the peo-
ple with the reason for his presence there; if then
tlie people think him worthy he may accept. When,
on the death of a liigii priest, he returns to his orig-
inal home, all tiie property he had left tlicnMs re-
stored to him : but he can not resume an oflfice which
he held at the time of his banishment.

III. The third chai)ter enumerates fifty-nine of-
fenses, each entailing flagellation. Of these, tiiree
are marital sins of juicsts; four, prohibited inter-
marriages; seven, sexual relations of an incestuous



273



THE JEWISH ENCYCLOPEDIA



Makkot
SfakoTK'er



nature; eight, violations of dietary laws; twelve,
various violations of the negative precepts; twenty-
five, abuses of Levitical laws and vows. When the
offense has been persisted in, the punishment de-
pends on the number of forewarnings
Penalty of (see Hatra'ah). Tiie Mishnah gives
Flagella- thirty-nine as the maximum number
tion. of stripes the court may impose for
any one misdemeanor; but the con-
vict must be examined as to his physical ability to
endure the full count without endangering his life.
The convict is bound in bent position to a post, and
the public executioner administers the punishment
with a leather strap while one of the judges recites
appropriate Scriptural verses (Deut. xxviii. 15, 29;
xxix. 8; Ps. Ixxviii. 38). Any one guilty of a sin
which is punished by excision may be cleared by
flagellation. The author of this midrash, Hanina b.
Gamaliel, adds, "If by the commission of a sin one
forfeits his soul before God, so much the more rea-
son is there for the belief that, by a meritorious
deed, such as voluntary submission to punishment,
his sold is saved."

The tractate concludes with a few haggadic pas-
sages bearing upon the punishment awaiting the
sinner and the reward reserved for the righteous.
Tlie Gemara, Jerusalem as well as Babylonian, elab-
orates the concise rules embodied in the Mishnah,
citing opinions and counter-opinions,
Gemarot. Scriptural texts to prove one or the
other, and precedents. Haggadotalso
abound there, but chiefly in the Babylonian. The
following is quoted from the Yerushalmi: Refer-
ring to the provision that the roads leading to the
several cities of refuge must be kept in good order
(ii. 5 [ed. Krotoschin, p. 8]), Eleazar b. Jacob as-
serts that there were signs bearing the direction
" miklat " (= " refuge," " asylum "), and Abun states
more exactly that the roads were provided with sign-
posts attached to which were index-hands inscribed
with the word "miklat." Thereupon Phinehas re-
marks, "From the consideration of such merciful
provisions one can learn the meaning of the saying
of the Psalmist, ' Good and upright is the Lord,
therefore will He point sinners the way [to the city
of refuge] ' " (Ps. xxv. 8, Hebr.).

8. s. S. M.

MAKO : Town in Hungary, in the county of
Csanad. It has a total population of 33,722, of
which 1,642 are Jews (1900). Jews began to settle
there about the middle of- the eighteenth century,
under the protection of Stanislavich, the Bishop of
Csanad, who, in 1740, assigned a special quarter to
them. They soon formed a community, and by
1747 had established a hebra kaddisha. The first
rabbi of Mako was Judah b. Abraham ha-Levi, who
occupied the rabbinate from 1778 to 1824. He was
succeeded by Salomon Ullman (1826-63). Ullman
wrote a commentary on certain sections of Yoreh
De'ah, under the title "Yeri'ot Shelomoh" (Vienna,
1854). He was followed by Anton Enoch Fischer
(1864-96), former rabbi of Duna-Foldvar. Fischer
introduced German and (later) Hungarian in his ser-
mons. Mako has a Jewish school (of which ]\Iar-
cus Steinhardt has been one of the teachers for

VIII.— 18



forty years), established in 1851, a Jewish women's
association, a Jewish students' aid society, and a
Jewish women's lying-in hospital. The present
(1904) incumbent is Dr. A. Kecskemeti.
D. A. Ke.

MAKOWER, HERMANN : German jurist;
born at Santomischel, Posen, March 8, 1830; died
at Berlin April 1, 1898. His father, recognizing the
inadequate educational facilities of the town, sent
him, alone and almost penniless, at the age of nine,
to win a living and an education in Berlin. There
he attended the Franzosische Gymnasium, secured
a position as chorister in a synagogue, and met
Siegmund Meyer, a boy of the same age, with whom
he formed a friendship that lasted throughout his
life. Makower gave private lessons, and after grad-
uation served as " Referendarius " and assessor, and
ultimately became " Grundbuchrichter " at the Ber-
lin city court, a position never before held by one of
his coreligionists. In 1857 he published liis first
contribution to legal literature, "Die Stellung der
Vertheidigung im Preussischen Strafverfahren "
(Berlin, 1857). He gave up his prospects for judi-
cial advancement for the more substantial rewards
of a career as legal practitioner.

Makower's activities in the sphere of commercial
law were inaugurated by his "Studien zur Konkurs-
ordnung vom 8. Mai 1855" (Berlin, 1861). In the
following year appeared his great work, in the prep-
aration of which his friend Siegmund Meyer co-
operated with him—" Das Allgemeine Deutsche
Handelsgesetzbuch, Nebst dem Preussischen Ein-
fuhrungsgesetze vom 24. Juni 1861, und der In-
struktion vom 12. Dezbr. 1861, fur den Praktischen
Gebrauch aus den Quellen Erlautert " (Berlin, 1862;
11th ed., 1893); this was followed by "Zur Revision
der Deutschen Konkursordnung " {ib. 1894), and by
a number of minor writings on insurance companies
and the protesting of bills and notes, and by discus-
sions of various points in commercial law.

He enjoyed a very large and lucrative practise,
and won for himself a clientele among the greatest
men of his time. One of the celebrated causes with
which he was identified was that of the historian
Theodor Mommsen, charged with slandering Prince
Bismarck. He opened his argument at one of the
several trials of this case with these words: "Two
princes represent antithetical views; one, a prince
of diplomacy, the other, a prince of learning; one,
a man who makes history, the other, a man who
writes history"; after appealing to the highest
courts of the empire Mommsen was finally acquitted
(1883).

Makower was zealously interested in the commu-
nal and congregational life of the Jews in Berlin,
and earnestly supported the efforts to sustain the
Lehranstalt filr die Wissenschaft des Judenthums.
For its benefit he delivered a lecture, Jan. 10, 1881,
entitled " Unsere Gemeinde " (Posen, 1881). Another
contribution to the literature of Jewish communal
affairs was his treatise on " Die Gemeinde-Verhalt-
nisse der Juden in Preussen " (Berlin, 1873). He
was instrumental in the "publication of the "Re-
gesten zur Geschichte der Juden im Deutschen
Reich," and was one of the most active in collabora-



Ma^re
Malachi



THE JEWISH ENCYCLOPEDIA



274



tion on the "Giundsatze der Jiidischen Sitteulehrc."

From 1866 to 1892 lie was a member of the board

of the Jewish community of Berlin; from 1870 to

1892 he was its president.

Bibliography: Bbrnhard Breslauer, Hermonft_ J/rtkoirer. in
Alia. Zeit. des Jud. 1898, pp. ir,2-lti3, 173-ho, lfe>-188, 20.1-
203; Justizrath ^leytT. Just izmtit Hermann Makowcr, in
Dcutsclie JurMen Zeitumj, 11. 162-165.
s M. Co.

MAKRE DARDEKE : Name given in the Mid-
dle Ages to Hebrew glossaries primarily intended
for the use of students of the Bible; its literal mean-
ing is "teacher of children." The tirst and most
noteworthy work of this kind is the one published
at Naples in 1488, the author of which is Perez
Trevot. The work gives every Hebrew vocable, ac-
companied by a translaiion into Italian and Arabic
and a short explanation in Hebrew, at times quoting
the French glosses occurring in the Bible commen-
tary of Rashi and in the works of R. David Kimhi.
The work was composed in 1395, in southern Italy,
with the purpose of promoting a better understand-
ing of the Scriptures among the Italian Jews (who
had neglected Biblical forTalmudic studies), in order
to enable them to answer successfully Christian and
Moslem attacks on Judaism. This work is of im-
portance for the fourteenth-century Italian it con-
tains. Similar works, based on this, were afterward
produced in other countries, French, German, or
Spanish being substituted for the original Italian
and Arabic. The Italian glosses of the " Makre Dar-
deke " were published separately by M. Schwab in
"R. E. J," (xvi. 253 et seq.).

BiBi.ioGRAPiiv: Bodek, in Orient, viil. 612-618; Griinbaum,
JUdiscli-Dcutsche ChreMonmth ie, pp. 521 e« seq.: diideraann,
GescJi. ii. 2(H); Perles, BcifrtYf/c zur Gesch. der Hebr.und
Aram. Studicn, pp. 113-130.
G. C. L.

MAKSHAN, SAMUEL BEN PHINEHAS
HA-KOHEN : Bohemian Talmudist of the six-
teenth century ; born in Prague. He wrote: "Te-
hillat Dibre Shemuei," commentary on the Targum
of Esther (Prague, 1594 [according to Zunz, "Z.
G." p. 278 ; 1601 according to other bibliogra-
phers]); "Bet Din shel Shemuei," commentary on
Rashi to Esther and Ruth and on the Targum of the
latter (Lublin, 1606); " Yegon Leb," commentary on
Lamentations (Cracow, n.d.).

BiBi lOfiRAPriY : Fiirst, Dihl. Jud. 11. 318; Stelnschneider, Cat.

liodl. CM)1. 2435. ,, ^

D. M. Sel.

MAKSHIRIN ("Predisposings"): Name of the
eightli tractate, in the Mishnah and Tosefta, of the
sixth Talmudic order Tohorot ("Purifications").
This tractate contains six chapters, divided respect-
ively into 6, 11, 8, 10, 11, and 8 sections, while the
Tosefta has only tliree chapters and 31 sections. It
treats of the elTects of liquids in rendering foods
with which they may come into contact susceptible,
under certain conditions, of Levitical iincleanness.
It is based on the Scriptural provision, "If any water
be put upon the seed, and any part of their carcass
fall thereon, it shall be unclean" (Lev. xi. 38; see
Siet seq.). From this tlie Rabbis deduce (1) tliat
foods are not susceptible of uncleanness by contact
with the carcass of a reptile unless tlie foods liave
first been moistened (see Hul. 36a); and (2) that as



Scripture, in the passage just cited, uses the expres-
sion jn^ 'D, which, when vowelless, may be read
either " ki yuttan " (= " if it be put ") or " ki yitten "
(= "if one will put "), and as " putting " is necessa-
rily the result of intention, " being put " also must be
accompanied by intention (see B. M. 22b). Where
this condition is absent the contact of liquid with
foods will have no effect. Hence the general rule
elaborated in the first chapter following.

Ch. i. : All liquids ("mashkin"; see vi. Aetseq.),
when originally desired (expected to be beneficial),
though ultimately unwelcome, or when the reverse
is the case (not desired originally, but ultimately
acceptable), predispose loose fruit moistened by them
to Levitical uncleanness. Thus if one
General shakes a tree to bring down some fruit,
Principle, or a dead reptile, and at the same time
some drops of water fall from the tree
on fruit lying near by, the water does not come under
the law of ki yuttan, or the fruit under liability to
uncleanness by contact with a defiling object; but
when one's intention is to shake off the rain-water or
the dewdrops, the loose fruit moistened thereby be-
comes susceptible to uncleanness. Where water is
used for other tlian its ordinary purposes, as where
one submerges fruit or vegetables to secrete them
from thieves, the effect is not to render the fruit lia-
ble to defilement. A precedent under this rule is
cited from the history of the last days of Judea's
struggle against the Romans, when some citizens of
Jerusalem secured their fig-cakes from the sicarii by
hiding them under water, the Rabbis deciding that,
under the circumstances, the submersion did not
predispose the food to uncleanness. Similarly, fruit
that is floated down a river is not subject to the
rule of ki yuttan.

Ch. ii. : In doubtful cases, objects and conditions
are classified by a majority rule. For example, the
defiling effects of receptacles of waste water used
in common by Jews and Gentiles will depend on the
majority using them; if the majority are non-Jews
the water will be con.sidered Levitically unclean, but
where the majority are Jews the water
Doubtful will be considered Levitically clean.
Cases. Where these are equally divided the
presumption of uncleanness will pre-
vail. The majority rule is not limited to questions
of clean and unclean; it serves as a criterion in
other matters, ritual and even civil.

Ch. iii.-vi. 3 continue the discussion of the main
subject in connection with the Scriptural expres-



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