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Scliinidt, Jahrb. der Gesammten Medicin.
s. N. D.

MAUTHNER, LUDWIG : Austrian ophthal-
mologist; born in Prague April 13, 1840; died in
Vienna Oct. 20, 1894; educated at the University of
Vienna (M.D. 1861). He was admitted to the med-
ical faculty of his alma mater as privat-doeent in
ophthalmology in 1864, and became professor in the
University of Innsbruck in 1869. This position he
resigned in 1877, returning with the title of professor
to Vienna, where he again became privat-doeent.
In 1890 he was appointed assistant-chief physician
in the eye dispensary ; and four years later he was
appointed professor. In 1899 a monument was
erected in his honor in the " Arcaden " of Vienna
University.

Mauthner wrote many essays upon neuropathy
and ophthalmology for the medical journals. Among
his works may be mentioned : " Die Bestimmung
der Refractioiisanomalien mit Hilfe des Augen-
spiegels." Vienna, 1867; "Lehrbuch der Ophthal-
moskopie," ib. 1868; "Recherches sur la Structure
du SystemeNerveux," Paris, 1868; "Die Optischen
Fehler des Auges," Vienna, 1872 (2d ed. 1876); "Die
SyphilitischenErkrankungen des Auges," inZeissl's
"Lehrbuch der Augenheilkunde," 1873; "Die Sym-
pathisehen Augenleiden," Wiesbaden, 1879; "Die
Funktionsprufung des Auges," ib. 1880 ; " Gehirn und
Auge," ib. 1881; "Die Lehre vom Glaukom," ib.
1882; "Die Lehre von den Augenmuskeln," ib. 1885
(2d ed. 1889); "Die Nicht Nuclearen Augenmuskel-
liihinungen," ib. 1886; " Diagnostik und Therapie
der Augenmuskellahmungen," ib. 1889.

Bibliography : Pagel, Biog. Lex.

s. F. T. H.

MAUTNER, EDUARD : German author aud
journalist; born at Budapest Nov. 13, 1824; died in
Baden, near Vienna, July 2, 1889. His father, who
was a merchant in Budapest, died whenEduard was
seven years old, whereupon his mother, with her
children, of whom Eduard was the oldest, removed
to Vienna. There he attended the elementary school
and the gymnasium. After attending lectures on
philosophy at the University of Prague (1843),
where he published several poems and a tale in
Glaser's "Ost und West," he returned to Vienna,
began the study of medicine, exchanged it for that
of law, and then dropped law for literature. In
1844 he removed to Leipsic, studied philosophy and
ethics, and renewed friendships begun at Prague
with Moritz Harlmann, Ulfo Horn, and Alfred Meiss-
ner. To Lewald's "Europa," Herlosssohn's " Ko-
niet," Kuranda's "Grenzboten," and Oettiuger's
"(Miarivari" Mautuer contributed poems, tales, and
critical and literary articles, all of which were well
received by the critics. He returned to Vienna in
the autumn of 1847.

While visiting liis mother in Triest, the revolution-
ary mf)vement of 1848 began. Mautner hastened
to Vienna, and during the revolution was active
as a journalist, writing especially for Frankl's
" Sonutagsblatt. " He next acted as feuilletonist and



383



THE JEWISH ENCYCLOPEDIA



Mauschbergrer
Maxims



dramatic critic for the "Ostdeutsciie Post," the
" Presse," aud the " Wanderer." Id 1851 his comedy,
"Das Preislustspiel," toolv the second prize at the
Hof burg Theater competition. In 1853 lie traveled in
Germany, Belgium, Frauce, aud P^ngland, returning
to Vienna in 1854,to publish a series of sketciies in
tlie "Ostdeutsche Post " aud iu the "Familienluuii
des Oesterreichischeu Lloyd." From 1855 to lb'04
lie wasoflicially connected ^vith the Staatsbahngesell-
schaft ; during that period he published several poet-
ical works, and some minor comedies that were pro-
duced iu Vienna. Early iu 1865 he became assistant
ill the Inii)erial Court Library at Vienna, aud after-
ward was engaged in tlie literary bureau of the
Ministry of Foreign Affairs. He wrote: "Griitiu
Aurora " (Vicuna, 1852) ; " Kleine Erzahlungen " {iJi.
1858); "In Catiliuam, eiu Kranz Geharnischter
Scmette," against Napoleon {ih. 1859); " VViihrend
der Borse" (Berlin, 1863; played at the court thea-
ter); "Eine Frau, die an der Borse Spielt" (pro-
duced at the Vienua Carltlicater); "Eglantine,"
drama (Vienna, 1863); "Die Sanduhr" (Berlin, 1871);
"Eine Kriegslist," comedy (1878); "Vou der Aar
zur Donau," festival play (1881); " AusgCAvahlte
Gedichte" (Vienua, 1889).

Bibliography: Wurzbarh, Bing. Lex.; Meyers Konversa-
tinns-Lexikon ; JUilisches Athenilum.
s. N. D.

MAXIMS (Legal) : Short sayings iu which
principles of law of wide application are laid down.
They are known to all systems of jurisprudence:
thus, "Casus uocet domino" and "Ignorantia juris
nocet" are ma.xims of Roman law; "Nobody can
plead liis own wrong " aud " You can not come into
a court of equity but with clean hands " are maxims
of English law\ Of the maxims which are current in
the Talmud many belong to substantive law, others
to the law of evidence and procedure. The follow-
ing may be cited as examples:

ipn nx ^mt^3n im^otrn Tinn::' b C'l am

bound to make good any damage caused by what-
ever I am bound to guard " [B. K. i. 2]). This ap-
plies to domestic animals, to a pit or any similar
source of danger, and to fire. See Accident.

D^iy^ lyiO D"IK ("A man is always forewarned "
[B. K. ii. 6]); that is, a man is, like the owner of a
" forewarned ox," always liable for the whole damage
arising directly from his acts.

ny-l inyJD pp) nnit:' :r"in ("A deaf man, a fool,
and a child are bad to meet " [B. K. 87a]) because
whoever harms them is liable for the damage done,
while no compensation is recoverable fi'om them for
any damage done by them.

imD3 mx bc^ ini^K' ("A man's agent is, iu ef-
fect, the man liimself"). This is similar to the
Roman iirinciple "Qui facit per alium facit per se."

npi^ irx n^ti'On ^3 ("Who pays is not flogged"
[Mak. i. 2J) ; that is, wherever the law orders com-
pensation paid for an unlawful act, and the pay-
ment is made, punishment by stripes can not be
inflicted.

"nnn^ mip nanO nnnn ^D ("Whenever one
thing is more nearly permanent than another it has
the preference" [Hor. iii. 6]) appears in the Gemara
simply as DHp "T'lD (" The permanent ranks first "),



a rule derived from the often reiterated insistence of
the Torah ou the celebration of the daily sacrifice on
festive days, wheu other sacrifices also are pre-
scribed

pa D'OmO px ("They have no mercy in judg-
ment" [Ket. ix. ~-3]) means that the courts do not
act ou the principle of modern equity known as
"marshaling the assets," the principle of giving to
the creditor having the weakest hold on other funds
(^li'l^n) a stronger hold on the fund under dispute;
every creditor must take his chance, according to
the opinion of R. Akiba, which prevails over tliat of
R. Tarfon.

pvn n'-nC' n"''"X"l PVn r Damage by seeing is called
damage" [Geuiura ; B. B. 2b]) expresses the right
of a householder to privacy; that is, to be screened
while in his house or courtyard from the view of
his neighbors is a legal rigid.

b^i^ ly "n^n I'l nan iniD nnx p nn rx

rjIDai noana IJOJO ("One court does not overrule
the decision of another court. unless it is greater iu
wisdom and numbers" ['Eduy. i. 5]) is a principle
that, supplemented by the high regard in which the
Tannaim (ending with R. Judah about 220) were
held by succeeding generations, has done much to
keep Jewish laws and customs in their old, some-
times obsolete, forms. See Aharonim.

-inn nx ]nr} aip^ ("Let the judgment pierce
the mountain" [Sanh. 6a, b]), corresponding to the
Latin "Fiat justitia, ruat coelum" (Let justice be
done though the heavens fall), expresses a principle
not much followed in practise, as the sages always
desired a compromise between the litigants more
than strict enforcement of the law.

j;tJ>") "invy DT'D DIX fX ("No man can make

himself out wicked" [Sanh. 25a]) means that no

penalty, such as death, exile, or stripes,

Law of nor more than full restitution, nor even

Evidence a fixed sum as damages to an injured

and party, can be awarded upon the admis-

Procedure. sion or confession of the accused (see

Accusatory AND Inquisitorial Pro-

CEDUKE ; see Ket. iii. 9). Two competent witnesses

are indispensable.

n^X"l IJ'X "irX"! X^ (" ' We have not seen ' is no
proof" ['Eduy. ii. 2]). This principle was carried
further in the Talmudic than it is in modern law,
as the former was averse to the establishment of any
fact by indirect evidence.

inpTna D"'D33 ("Property [abides] in its status"
[B. B. ix. 8-9; see Burden of Proof]). In the
absence of evidence either way, property remains
with the owner in possession, and his heirs.

n-'Xin vhv "nano X''V1Dn ("He who desires to
take anything from his companion must furnish the
proof" [B K. iii. 11; see Burden of Proof]);
that is, the party seeking recovery of money or
property must prove his case. The English rule is
that the burden of proof rests upon the party having
the aflarmative in any issue; the Talmudic rule will
often prove at variance with this practice.

nyn:;'n y^n m*po3 mio ("He who admits a

part is hound to make oath " [Shebu. vi. 1-3]). One
that is sued for a given sum or thing of value, and
admits that he owes a smaller sum, or thing, than



May

May Laws



THE JEWISH ENCYCLOPEDIA



884



tliat claimed, or admits facts lending to sucli u con-
clusion, can not by his mere denial in regard to the
balance put his adversary to proof; but lie must, if
the latter calls for it, confirm liis denial by an oath.

ITinC' nZtn sin IDNE:' ncn ("The mouth which
bound [forbade] is the mouth that also loosened"
[" permitted " ; 'Eduy. iii. 6]). This maxim is given
with this illustration:

Where it is known of a woman only by her own
account that she has been a captive, and she says
she was not defiled, her statement is taken, and she
may marry into the priesthood; but if the proof of
her captivity rests upon witnesses, and she claims
that she was not defiled, the court would say ^]} iih
D"n IJX rfQ ("We do not live on what she says";
see also, for the rule, Ket. ii. 5, and, for its counter-
part, Ket. i. 6-9).

The general princijile known as ppD, with which
the discussion of a branch of law in its details some-
times ends, is to be distinguished from the ordi-
nary legal maxim. An example is found at the end
of the treati.-;e Shebu'ot, the last chapter of which
states all the cases in which a depositary, by swear-
ing to an untrue statement of fact, incurs guilt, and
concludes with: "This is the general principle:
' Whoever swears in order to make it easier for him-
srlf, is guilty; to make it harder for himself, is not
guilty.'" Legal maxims are to be distinguished
from such sayings of worldly wisdom as: " He who
has read the letter, let him carry out its purpose."

L. N. D.

MAY, ISAAC : Rabbi of Lublin, Poland, in the
latter half of the sixteenth century. Gaining the
favor of Count Jenchinsky, the starost of Lublin, he
secured in 1550 a very considerable ])arcel of land
which adjoined his house, and which liad formerly
been covered by a mill-pond. Having filled in this
uneven area, May made it available for the growth
of the overcrowded Jewish quarter of Lublin. In
time most of the land became covered with Jewish
houses; but May reserved a portion of it, which he
presented to the community for the establishment of
a yeshibah. In this way he was largely instru-
mental in founding the first high-grade rabbinical
school in Poland. The royal decree, secured Aug. 23,
1567, by Isaac May and other representatives of the
community, contains a passage which, freely trans-
lated, reads as follows: "In compliance with the
representations of some of his advisers and the iium-
ble petition of the Jews of Lublin, King Sigismiuid
August permits the Jews to build at their own gen-
eral expense ["sumpto communi Juda;is"] a gym-
nasium for the instruction of persons in the Jewish
religion, and near the gynuiasium a synagogue, on
the land of Isaac May, rabbi of Lublin, situated be-
tween the Jewish houses, near Lublin Castle, in the
Jewish quarter ..."

Bini.U)<;KAiMiv : Hcrslmdski, In VoMiod, Dec, 1896, p. 13.
II. n. J. G. L.

MAY, LEWIS : American merchant and banker;
born in Worms Sept. 2'S. 1H!:3; died at Dohbs P'erry,
N. Y., July 22, 1897. He went to the United States
in 1840, and in 1845 established an independent
business in Shreveport. La. In 1850 he ofTected an
important copartnershij) for the purpose of carrying



on trade in San Francisco, Cal., Portland, Ore., and,
later, in New York. He took up his residence in the
last-named city in 1856. In 1869 he retired from mer-
cantile life and established the banking firm of May
6c King. He turned his business talents toward other
enterprises also, serving for many years as trus-
tee, treasurer, or director of various New York cor-
porations.

May was treasurer and director of Mt. Sinai Hos-
pital for nineteen years, was one of the organizers
and the first president of the Young Men's Hebrew
Association, and was trustee and president of Tem-
ple Einanu-El for thirty-three years. In recognition
of his services the congregation of Temple Emanu-
El, in 1888, presented him with a valuable testimo-
nial, and after his death dedicated a memorial win-
dow in the Temple to him.

Buu.iographt: National Ciichipa-din of American Biag.;
T lie MetropoUfi, part i.: Tlir Atnerican H(hreu\ July and
Nov., 1897: Myer Stern, Tlic IJistoru of Temple Emanu-El.
A. J. S.

MAY, MITCHELL : Member of the American
House of Representatives; born in Brooklyn, N. Y.,
July 10, 1871 ; educated at the Brooklyn Polytechnic
Institute and Columbia Law School. He was a mem-
ber of the 56th Congress (1899 to 1901) and has lield
several positions in Jewish communal organizations.

A.

MAY LAWS : Temporary regulations concern-
ing the Jews of Russia, proposed by Count Ignatiev,
and sanctioned by the czar May 3 (15), 1882. They
read as follows:

" (1) As a temporary measure, and until a general revision is
made of their legal status, it is decreed that the Jews be forbid-
den to settle anew outside uf towns and boroughs, exceptions
being admitted only in the case of existing Jewish agricultural
colonies.

" (2) Temporarily forbidden are the issuing of mortgages and
other deeds to Jews, as well as the registration of Jews as les-
sees of real property situated outside of towns and boroughs;
and also the issuing to Jews of powers of attorney to manage
and dispose of such real property.

" CJ) Jews are forbidden to transact business on Sundays and
on the principal Christian holy days; the existing regulations
concerning the closing of places of business belonging to Chris-
tians on such days to apply to ,Iews also.

" (-4) The measures laid down in paragraphs 1, 2, and 3 shall
apply only to the governments within the Pale of Jewish Settle-
ment [that is, they shall not apply to the ten governments of
Poland]."

These regulations, as is apparent from their
phraseology, were intended only as temporary
measures; and the government itself when it issued
them was aware of the fact that such legislation
would not suflice for the permanent adjustment of
the legal status of the Russian Jews. But public
excitement due to the riots in South Russia ran high ;
there was no time to weigh the practical conse-
((uences of the new regulations either to the Jews
themselves or to their non-Jewish neighbors. The
regulations were to remain in force until the final
revi.sion of the laws concerning the Jews. This re-
vision was assigned to a special conmiis.sion, under
the chairmanship of Count Pahlen, which soon
afterward completed its task; but no further action
has been taken in the matter, and the "temporary"
regulations are still in force with noimmediate pros-
pect of their repeal.

Theofticial motives for the enactments were stated



885



THE JEWISH ENCYCLOPEDIA



May-
May Laws



as follows: "These laws are called into being by the
effort of the government to improve the relations
between the Jews and the native population in the
Pale of Settlement, and to protect the
Ostensible former from the hostility of the latter,
and Real which has manifested itself in out-
Motives, bursts against the person and jiroperty
of the Jews; also to lessen the eco-
nomic dependence of the native population upon the
Jews." In a resolution of the Senate (Nov. 28. 1H88)
the government admitted that "the existing relations
between the Jews of the Pale and the native Pus-
.sians can not be considered normal, and tiie deter-
mination of tlie legal status of the Jews in our
countiy urgently calls for a decisive and early set-
tlement, which, owing to its extent and complexity,
and because of the importance of tlie interests in-
volved, can be made only by a thorough revision of
the entire existing legislation concerning Ihe Jews."
The enactments, wiiile not changing essentially and
permanently the existing laws conceining the Jews,
were intended to remove the main motives for a
conflict between the Jews and the native popula-
tion ("Ryesheniya Obsch. Sobran. Senata," 1888,
No. 25).

Such were ostensibly the reasons which led the
government to pass the temporary regulations. As
a matter of fact they were merely the outcome of
the Panslavist policy for the repression of the Jews.
The views of the Ultra-Conservatives have not been
realized; nevertheless it is certain that the May Laws
have resulted in great injury to the economic and
political life of Russia.

The temporary regulations have from the begin-
ning given rise to different interpretations and end-
less misunderstandings and complaints. For in-
stance, the phrase " to settle anew outside of towns
and boroughs " has been a prolific source of official
abuse. Some governments informed
Applica- their officials that by this phrase must
tions. be understood not only change of resi-
dence by a Jew from one settlement to
another, but also from one house to another in the
same settlement. The Senate decided against this
interpretation ; but in the meantime it had become a
source of much annoyance to the Jews. As to the
removal from one settlement to another, it appears
that every Jew became interned in the village in
which he happened to be living at the time of the
enactment. Thus, while he was still accorded the
right to remove from village to city within the Pale,
he lost the right to remove from village to village.
In this wise petty officials acquired the power to
annoy the Jews and to resort to extortion. Appeals
to the Senate have usually resulted in decisions
favorable to the Jews; but the expenditure of time
and money involved in them detract considerably
from their effectiveness.

A few examples will suffice to show^ to what
lengths local officials have gone in the interpreta-
tion of the May Laws. If one who had the right to
reside in a village left it temporarily, he encountered
trouble on returning (see the decision of the Senate
in the case of Engelmann, May 12, 1895, No. 5120).
Jews who had served in the army encountered diffi-
culties, at the expiration of their terms of service, in
VIILвАФ 25



resettling in the villages in which they had dwelt
(idetn, May 23, 1884; case of Reznikov, Jan. 13,
1885). Similar difficulties were experienced by Jews
living in villages and employed in cities, whither
they went dailj', sometimes remaining there for a
few days (idem, case of Feigiu, Jan. 30, 1895, No.
1253), and by Jews privileged to live anywhere in
the empire (idem, case of Elkin, Oct. 2, 1885). Mis-
understandings occurred in the case of Jews living
in the suburbs of cities also {idem, 1888, No. 18).
Difficulties arose through conflicting decisions of the
Senate as to what constituted a townlet {idem, July
27. 1887, No. 8849). A frequent source of annoy-
ance was the illegal change by local administrations,
without the permission of the minister of the inte-
rior, of townlets to villages (z'r/ew, March 22, 1894;
P\4). 13, 1896, No. 1591; July 3, 1896, No. 6557;
and many others). There are also numerous cases
on record where local officials refused permission to
Jews to visit villages temporarily for business pur-
poses, although the law expressly states that Jews
are only forbidden to "settle anew " (idem, 1895, No.
4025). A further limitation created by the May
Laws is that Jews possessing the right of residence
in villages have not the right to execute leases or
contracts to purcliase, the absurd condition being
thus created of compelling the Jews to live under
the open sky. This absurdity was finally removed
by the Senate, which decided that Jews having such
right of residence might rent rooms or might build
houses of their own on laud leased for the purpose
{idem, Sept. 28, 1892, No. 11702). The Senate like-
wise decreed that Jews might rent for grazing pur-
poses lands belonging to cities and located within
the city limits {idem, Oct. 10, 1890). On the other
hand, it has been decreed by the Senate department
of appeals that even Jews who are privileged to
reside anywhere in the empire have not the right
to lease lands situated outside of cities and town-
lets {idem, 1889, No. 24).

The May Laws also limit the rights of Jews to be-
come shareholders in stock companies, or directors,
managers, or superintendents of real property be-
longing to corporations and situated outside of
towns or townlets in the Pale. Jews
Relation may be admitted as members by a
to Stock majority vote of the stockholders, but
Companies, they may not hold appointments as
officers of such companies. Only a
certain proportion of Jews, moreover, may be ad-
mitted, the number being limited to one-tenth of the
total number of shareholders (Collection of Laws,
May 20, 1897, No. 51, p. 674).

The administration of the May Laws by petty
officials who were very often ignorant of their mean-
ing intensified abuses. The Senate had to instruct
the officials in the most simple principles of law ; for
instance, that a law is in force only from the day of
its publication. The attempts to define the phrase
"new settlement" led to the taking of censuses of
the Jewish residents, sometimes by semi-illiterate
police officials; and grievous blunders resulted.
Jews were registered as living in a certain village
when they really lived in another, while the names
of actual residents were omitted altogether. For in-
stance, because he was not included in the registry



May Marriage
Mayence



THE JEWISH ENCYCLOPEDIA



386



list, Gdaliya Zeigermacher was expelled from the
village cf Puzheikovo, although it was proved that
he had lived there for sixteen years. One Bondar-
chick was improperly registered as residing in the
village of Baksha, and was therefore expelled from
the village of Kapustyanka, where he had lived for
twenty years. Tlie misspelling of names, a very
frequent oceurreuce, led to annoyance and expul-
sion; e.g., "Gruzman" was entered as "Ruzinan";
"Garvicli" as "Gurovich"; and "Shmerka Dorf-
mau" as "Shlyoma." A slight error made by a
petty oflieial, not to speak of various evil motives,
sufficed to bring about the expulsion of the unfortu-



at Saaz, Bohemia; and since 1881 he has held a sim-
ilar position in Berlin, where he is also docent at the
Lehranstalt fur die Wissenschaftdes Judeutums. As
founder of the rabbinical society of Germany, whose
president he at present (1904) is, he convened the tirst
congress of German rabbis at Berlin in 1884. He is
one of the most eloquent rabbis of Germany. In 1903
he received the title of professor.

Maybaum is the author of the following works:
" Die Anthropomorphismen uud Anthropopathieen
bei Onkelos und den Spilteren Targumim," Breslau,
1870; "Die Entwickelung des Altisraelitischen
Priestertums," ib. 1880; "Die Entwickelung des




A.NCiE.NT Remains of thf. Jewish Cemetery at Mavencl.

(From a iihoto^rapli.)



nate Jew from his home and to bring terror and de-
spair upou him.

Bini.iofiRAPitY : Ge.osen. in Ycvreinhnm Bihh'ofcfca, 1903. x.
.'JIH ; SlMirnik, Tiinlwhchnmtii. \. 7H ; Vnxkhnd, Jan.-KPb., ISK?.
p. r>V: I'.Kil, No. 7.H, Mvsli, lOiluirnilxtvn k Uusukiin '/.nkunain
n Yi-rrrfi'ikli. St. IVtfrshurK. IH'.W: The I'rrsrnitioiis nf t)ic
Jeirx hi /{ii.s.>tiVi. is.><ue(l by the |{iiss(>-.Jewish Cominittee. Ixin-
don. 189(), contains a summary of lliu special and restrictive
laws.

II. K.

MAY MARRIAGE. See O.mku.

MAYBAUM, SIEGMTJND : Rabbi in Berlin;
born at Miskokz, IIuTigary, Ajiril 29, 1844. He I'c-
ceived liis education at tlie yesiiibot of Eisenstadt
and Presburg, at the lyceuin in tiio latter city, ami at
the university and tlic theological seminary of Bres-
lau (Ph.D.. Halle. 1869). From 1870 to 1873 lie was
rabbi at Als(3-Kubin, Hungary; from 1873 to 1881,



Online LibraryIsidore SingerThe Jewish encyclopedia : a descriptive record of the history, religion, literature, and customs of the Jewish people from the earliest times to the present day (Volume 8) → online text (page 94 of 169)