In the opinion of
Rabbi Meir's colleagues he proposes to read, “No judge who is mor-
ally qualified can be objected to, for he is just as good as one duly
licensed.
Rabbi Meir's colleagues he proposes to read, “No judge who is mor-
ally qualified can be objected to, for he is just as good as one duly
licensed.
Warner - World's Best Literature - v24 - Sta to Tal
Clear-
sighted in society, they are obtuse in politics. They examine
everything by the artificial light of candles; they are disturbed
and bewildered in the powerful light of open day. The eyelid
has grown stiff through age. The organ so long bent on the
petty details of one refined life no longer takes in the popular
life of the masses, and in the new sphere into which it is sud-
denly plunged its refinement becomes the source of its blind-
ness.
Nevertheless action is necessary, for danger is seizing them
by the throat. But the danger is of an ignoble species, while
their education has provided them with no arms suitable for ward-
ing it off. They have learned how to fence but not how to box.
They are still the sons of those at Fontenoy, who instead of
being the first to fire, courteously raised their hats and ad- .
dressed their English antagonists, “No, gentlemen: fire your-
selves. ” Being the slaves of good-breeding, they are not free in
their movements. Numerous acts, and those the most important,
– those of a sudden, vigorous, and rude stamp;- are opposed
to the respect a well-bred man entertains for others, or at least
to the respect which he owes to himself. They do not consider
these allowable among themselves; they do not dream of their
## p. 14451 (#645) ##########################################
HIPPOLYTE ADOLPHE TAINE
14451
.
being allowed: and the higher their position, the more their rank
fetters them. When the royal family sets out for Varennes, the
accumulated delays by which they are lost are the result of
etiquette. Madame de Touzel insists on her place in the carriage
to which she is entitled as governess of the Children of France.
The King, on arriving, is desirous of conferring the marshal's
baton on M. de Bouillé; and after running to and fro to obtain
a baton, he is obliged to borrow that of the Duc de Choiseul.
The Queen cannot dispense with a traveling dressing-case, and
one has to be made large enough to contain every imaginable
implement from a warming-pan to a silver porridge-dish, with
other dishes besides; and as if there were no shifts to be had in
Brussels, there had to be a complete outfit in this line for herself
and her children.
A narrow fidelity, humanity in its own despite [quand même],
the frivolity of the small literary spirit, graceful urbanity, pro-
found ignorance, the nullity or rigidity of the understanding
and of the will, are still greater with the princes than with the
nobles. All are impotent against the wild and roaring outbreak.
They have not the physical superiority that can master it, the
vulgar charlatanism which can charm it away, the tricks of a
Scapin to throw it off the scent, the bull's neck, the mounte-
bank's gestures, the stentor's lungs,- in short, the resources of
the energetic temperament and of animal cunning, alone capable
of diverting the rage of the unchained brute. To secure wres-
tlers of this stamp they seek for three or four men of a different
race and education: men who have suffered and roamed about;
a brutal plebeian like the Abbé Maury; a colossal and dirty satyr
like Mirabeau, a bold and prompt adventurer like that Dumouriez,
who at Cherbourg, when through the feebleness of the Duc de
Beuvron the stores of grain were given up and the riot began,
hooted at and nearly cut to pieces suddenly sees the keys of the
storehouse in the hands of a Dutch sailor, and yelling to the mob
that it was betrayed through a foreigner having got hold of the
keys, himself jumps down from the railing, seizes the keys, and
hands them to the officer of the guard, saying to the people: "I
am your father,- I am the man to be responsible for the store-
house! ”
To intrust oneself with porters and brawlers, to be collared
by a political club, to improvise on the highways, to bark louder
than the barkers, to fight with the fists or a cudgel, as with the
>
## p. 14452 (#646) ##########################################
14452
HIPPOLYTE ADOLPHE TAINE
gay youths of a later day, against brutes and lunatics incapable
of employing other arguments, and who must be answered in
the same vein, to mount guard over the Assembly, to act as
volunteer constable, to spare neither one's own hide nor that of
others, to be one of the people to face the people,-are simple
and effectual proceedings, but so vulgar as to appear to them dis-
gusting The idea of resorting to such means never enters their
head: they neither know how, nor do they care, to make use of
their hands in such business. They are skilled only in the duel; ;
and almost immediately the brutality of opinion, by means of
assaults, stops the way to polite combats. Their arms, the shafts
.
of the drawing-room, epigrams, witticisms, songs, parodies, and
other needle-thrusts, are impotent against the popular bull.
This character lacks both roots and resources; through super-
refinement it has become etiolated; nature, impoverished by cult-
ure, is incapable of the transformations by which we are renewed
and survive. An all-powerful education has repressed, mollified,
enfeebled instinct itself. About to die, they experience none of
the reactions of blood and rage, the universal and sudden restora-
tion of the forces, the murderous spasm, the blind irresistible need
of striking those who strike them. If a gentleman is arrested
.
in his own house by a Jacobin, we never find him splitting his
head open. They allow themselves to be taken, going quietly
to prison: to make an uproar would be bad taste; it is neces-
sary above all things to remain what they are,— well-bred people
of society. In prison both men and women dress themselves
with great care, pay each other visits, and keep up a drawing-
room: it may be at the end of a corridor, in the light of three
or four candles; but here they circulate jests, compose madri-
gals, sing songs, and pride themselves on being as gallant, as
gay, and as gracious as ever: need people be morose and ill-
behaved because accident has consigned them to a poor inn?
They preserve their dignity and their smile before their judges
and on the cart; the women, especially, mount the scaffold with
the ease and serenity characteristic of an evening entertainment.
It is the supreme characteristic of good-breeding, erected into
a unique duty, and become to this aristocracy a second nature,
which is found in its virtues as well as in its vices, in its facul-
ties as well as in its impotencies, in its prosperity as at its fall,
and which adorns it even in the death to which it conducts.
## p. 14453 (#647) ##########################################
14453
THE TALMUD
BY MAX MARGOLIS
W
HAT is the Talmud ?
Let us enter a Jewish school of Babylonia some time
after the year 325 A. D. We may betake ourselves to Pum-
baditha, whose academy, now almost a century old, is presided over
by Abaye; or to the young school at Mahoza, where we shall meet its
founder, Raba. A third and still older seat of learning, the Soran
Academy, we shall find deserted: after half a century it will resume
its former place as Pumbaditha's rival. The attendance at the schools
is largest in March and August, the months preceding Passover and
Tabernacles. The scholars follow their occupations as husbandmen
and tradesmen during the rest of the year: they are not all young
men— some leave their families behind them: they all study for the
sake of study, which is a duty incumbent upon every Israelite. In
Pumbaditha poor scholars are supported from a public fund, to which
the communities throughout the land contribute. What is the subject
of the scholar's study? what the topic of the master's discourse ? what
are the points of controversy between the two rival scholarchs ? Do
they differ on some grave doctrinal question, similar to that which
engaged the attention of the bishops convened at Nicæa? are the dis-
cussions of Abaye and Raba in any way to be compared to the con-
troversy between Arius and Athanasius ? When teacher and disciple
equally are worn out by the heavy matter of daily school routine, and
a change of subject is desirable for the purpose of relaxation, then
you may perhaps hear a remark bearing on theology in our sense of
the word; or if you choose a rather dignified term, a metaphysical
observation. But then the rabbis are altogether in their lighter
mood: the discipline is lax, mental concentration gives way to free
rambling; wise maxims and witty epigrams, fantastic exposition of
Scripture and facetious stories, succeed each other in playful connec-
tion; the jargon of the school with its Hebrew terminology yields to
the easier flow of the Aramaic vernacular; in the language of every-
day life a remark is sometimes made which is hardly consonant with
the dignity of the class-room. These pleasant intermezzos seldom
last long: a return is made to the sterner subjects of the school pro-
gramme. The chief subject-matter of the schools is the interpreta-
tion of the Mishna. What is the Mishna ?
There are scholars who claim that the Mishna, as we know it at
present, was not committed to writing until some two centuries after
## p. 14454 (#648) ##########################################
14454
THE TALMUD
the time at which we have set out to study the Talmudic schools.
But there is good ground for holding to the traditional opinion which
makes the codification of the Mishna coincident with its redaction,
which is placed at the end of the second century. For our present
purposes we may, on the strength of this assumption, expect to find
on the master's desk at least — manuscripts are expensive — a volumi-
nous book of the size of an ordinary pulpit Bible. As we turn its
leaves, we shall be told that it is divided into six parts or orders,
which are named:- Seeds (laws pertaining to agriculture: 1. g. , the
law which prescribes that the corner of the field must not be reaped
but left to the poor; the prohibition to sow mixed seeds; the regula-
tions concerning tithes and sacerdotal revenues, the seventh year,
etc. ); Holy Seasons (Sabbath and festivals: the kinds of labor which
must be abstained from on these days are minutely specified; the
sacrificial and ritual ceremonies peculiar to each holiday); Women
(laws pertaining to betrothal, marriage, and divorce; the Levirate, or
marriage of the deceased brother's wife; prohibited marriages; the
woman suspected of adultery: in this part are also treated vows in
general and the Nazirate in particular); Damages (civil and criminal
laws; courts and proceedings of jurisdiction: in the treatise called
«Fathers,” the ethical sayings of the doctors of the Mishna are
recorded); Sacred Things (laws on things sacred; i. l. , dedicated to
the temple: the slaughtering of animals for ordinary purposes; what is
fit to be eaten — kasher, and what is not — terepha); Matters of Purity
(euphemistically for Impurity, Levitical impurity; resulting, e. g. , from
contact with a dead body, unclean animals, etc. ). Each subject is
handled, as a rule, in a special treatise: thus we have the treatise
Sabbath, New Year, The Day (i. e. , the Day of Atonement), Marriage
Contracts, Bills of Divorce, etc. Each treatise is divided into chapters,
and each chapter into paragraphs. The statements of law or practice
are usually unaccompanied by argumentation; neither is the source
indicated. Divergent opinions are quite frequently recorded; the
scholars are then mentioned by name, otherwise no name is given
at all.
The Mishna then, we see, is a code of laws embracing the civic
and religious life of the Jew. From our hasty survey of the subjects
treated in this law-book, we gather that in the main the Mishna is
meant to reproduce in an expanded form the laws and provisions
contained in the Law,-i. e. , the Pentateuch. Mishna, indeed, means
Repetition; it is an expansion of the original law whence it derives
its authority. If the subject-matter of the Mishna appears trivial to
a modern reader, much in the legal portions of the Pentateuch is
equally foreign to our tastes. Perhaps we shall object not so much
to the matter, which is largely Scriptural, as to the manner in which
it is elaborated. The prohibition to work on the Sabbath day is
## p. 14455 (#649) ##########################################
THE TALMUD
14455
Biblical: it is reported in the Pentateuch that a man was stoned to
death in the wilderness for gathering wood on the day of rest. The
Mishna devotes over twenty chapters to a minute specification of
what is prohibited labor and what is not. One chapter enumerates
all articles of apparel which a woman may wear on the Sabbath. It
is not sufficient to lay down the general rule, that the prohibition to
carry burdens on the Sabbath does not apply to wearing apparel or
jewelry worn for ornament; but a catalogue of articles of woman's
toilet is given, showing that the rabbis had an eye for the trinkets of
their wives and daughters. Costly jewelry must not be worn on the
Sabbath: the women are in the habit of taking their expensive
ornaments off in order to show them to their friends; while it is
permitted to wear ornaments, they must not be handled. The Penta-
teuch commands that the lost property of a neighbor, if found, be
restored to him, or be kept until he claims it. According to the rab-
bis, certain things may be retained by the finder without making an
effort to ascertain their owner: 1. g. , when a thing has no mark or
distinguishing feature by which it may be identified, it is assumed
that the owner has no thought of regaining it, and willingly re-
nounces his ownership; the article becomes public property, to be the
possession of the first person that finds it. A list of articles is given
which come under the category of unrecognizable things. The prin-
ciple itself is scarcely given expression to. Very often a case is
gone through in all possible and impossible ramifications: the love of
detail, of definiteness, strongly manifests itself everywhere; the cases
are in most instances the invention of the schools, only a few coming
from real life.
It is fortunate, said some one facetiously, that the synagogue, un-
like the church, has no bells; otherwise we should have had a treatise
in the Mishna called Bells, setting forth the proper metal and size of
a bell, and how often it should be rung, and what benediction should
be pronounced over the ringing, and whether the benediction should
be said before or after the ringing, etc. For the horn which is
blown on New Year's Day, or the booth in which the Israelite is to
dwell on the festival which derives its name from it, or the scroll
from which the book of Esther is read on the feast of Purim, are
treated with exactly this kind of detail.
The Mishna is a law-book replete with tedious matter. Yet it is
not without its interesting parts, which deservedly claim the attention
of even a modern reader. Occasionally amidst the rubbish of form-
alism, lies hidden a pithy remark betraying the spiritual and moral
insight of the schoolmen. The treatise “Fathers” — the object of
which is to record in chronological order the doctors of the Mishna
is in its entirety an ethical treatise, for the reason that incidentally
»
## p. 14456 (#650) ##########################################
14456
THE TALMUD
((
to every name is attached an ethical maxim reported as coming from
that scholar. These occasional glimpses of other than purely formal-
istic interests, these sayings on the most important spiritual concerns
of man, on God and duty, may fitly find a place in the world's liter-
ature. For their sake we are ready to overlook the unattractive sur-
roundings in which they are found.
Take for instance the treatise Benedictions, with which the code
commences. While we again painfully notice the undue attention
given to the minutiæ of etiquette and the ceremonial side of prayer,
- at what time and up to what time certain prayers may be recited,
what should be the posture of the body, which benediction must pre-
cede another, and what is to be done when an error is made in the
recital, —we find there the warning: “He who maketh his prayer a
matter of duty to be performed at set times, his prayer is not pure
devotion. ” One must bless God for the evil as well as for the
good. ” Elsewhere we are told that he who serves God out of fear
is inferior to him who is pious out of love. « Be not as slaves who
minister to their master with a view to recompense; but be as slaves
who serve their master without the expectation of reward. ” « Better
is an hour of repentance and good works in this world, than all the
life of the world to come. ” On the other hand: «Better is one
hour of spiritual bliss in the world to come. than all the life of this
world. ” « This world is like a vestibule before the world which is to
come: prepare thyself at the vestibule, that thou mayest be admitted
into the hall. ” “Be bold as a leopard, and swift as an eagle, and
fleet as a hart, and strong as a lion to do the will of thy Father
which is in heaven. ” «Consider three things and thou wilt not fall
into the hands of transgression: know what is above thee,-a seeing
eye, and a hearing ear, and all thy deeds written in a book. ” The
rabbis exhort to love work and hate lordship. "Idleness leads to
insanity. ” Study is an obligation for everybody. It is a matter of
private effort; it is not an heirloom which may be bequeathed by
father to son. “Say not, When I have leisure I will study: perchance
thou mayest not have leisure. ” “He who learns as a lad, is like to
ink written on fresh paper; and he who learns when old, is like to
ink written on used paper. ” “He who learns from the young is like
one that eats unripe grapes, and drinks wine fresh from the vat; but
he who learns from the old is like one who eats ripened grapes, and
drinks old wine. ” And yet he is wise who learns from every man.
« There are four characters in those who sit at the feet of the wise,
- a sponge, a funnel, a strainer, and a sieve: a sponge, which sucks
up all; a funnel, which lets in here and lets out there; a strainer,
which lets out the wine and keeps back the dregs; a sieve, which
lets out the flour and keeps back the pollard. ” “Excellent is study
together with worldly business, for the practice of them both puts
D)
## p. 14457 (#651) ##########################################
THE TALMUD
14457
»
>>
away sinful thoughts; all study without work must fail at length and
lead to sin. ” “This is the path of study: A morsel with salt shalt
thou eat, thou shalt drink water by measure, and thou shalt sleep
upon the ground, and live a life of painfulness, and in the Law
shalt thou labor. ” «Seek not greatness for thyself, and desire not
honor. Practice more than thou learnest: not learning but doing is
the groundwork. And lust not for the table of kings; for thy table
is greater than their table, and thy crown greater than their crown,
and faithful is thy taskmaster who will pay thee the wage of thy
work. ” So is the young scholar addressed. “Thy own deeds shall
bring thee nigh or put thee afar. ” “If I am not for myself, who is
for me ? » “In the place where there are no men, endeavor to be a
man. ” “Yet lean not to thine own understanding. ” “He is mighty
who subdues his passion. ” « There are three crowns,- the crown of
scholarship, and the crown of priesthood, and the crown of royalty;
but the crown of a good name surpasses them all. ” “He is rich who
is contented with his lot. "Judge not thy friend until thou comest
into his place. ” “Let the honor of thy fellow-man be as dear to
thee as thine own. ” “Despise no man, and carp at no thing; for thou
wilt find that there is not a man that hath not his hour, and not a
thing that hath not its place. ” “Do not conciliate thy friend in the
hour of his passion, nor console him in the hour when his dead is
laid out before him; and strive not to see him in the hour of his
disgrace. ” “Let thy house be opened wide, and let the needy be
thy household. ” “Receive every man with a cheerful countenance. ”
"Pray for the welfare of the State, since but for fear thereof we
had swallowed each his neighbor alive. ” There is something to be
learned from this dry law-book after all.
The exposition and interpretation of the Mishna constitutes the
main activity of the Jewish schools of Babylonia, whether at Sora or
Pumbaditha, whether at Mahoza or Naresh. Talmud is a term that
signified first a method, before it became the name of a book. The
Mishna, as we may remember, contains little of discussion or argu-
mentation: it is, in the majority of cases, content to state a point of
law in the form of a simple statement, without in the least indicating
the process by which the law was evolved. The Talmudic method is
principally concerned with retracing the law, as stated in the Mishna,
to its source; which it is assumed, sometimes wrongly, must be found
in Scripture. There is not a sentence in the Mishna which escapes
the notice of the expounder: the reason of every remark must be
established. « Wherefrom ? whence all this? ” is a constant query.
If the origin is found to lie in Scripture, the exegesis of the Bible
word is quite often forced, unnatural. It is true the rabbis are not
always very earnest about their fine deductions. Much
ascribed to the love of casuistry and mental gymnastics. They are
»
may be
## p. 14458 (#652) ##########################################
14458
THE TALMUD
none.
always glad to find problems. Complications are artificially created
where there are
Where a law is deduced from a principle
stated in the Mishna, that principle is now elaborated with exactness
and finesse. Again, laws of various kinds and on different subjects
are subsumed under new aspects, new principles. The work of
abstract systematization begins: another opportunity for mental labor.
The Talmudic scholar never confines himself to the law on hand: he
compares it with others, finds similarities and dissimilarities, repeti-
tions and contradictions. A clever scholar will find some discrimi-
nating point by which the seeming repetition will be removed. The
text of the Mishna itself often presents difficulties. The language
is concise, at times enigmatical. Then the Mishna is not the work
of one hand. Its several parts are welded together, as a rule very
adroitly, yet occasionally in a manner to create incongruities or
ambiguities. It is the business of the Talmudic method to remove
these difficulties. On the other hand, the Mishna must be adapted to
new conditions and situations. New laws are formulated, which as
a rule are deduced from a principle discovered behind the concrete
decisions recorded in the law-book. As the work of the Talmudic
schools goes on from generation to generation it becomes more com-
plicated. The discussions of one generation are handed down to the
next, and become the basis of all subsequent operations. Conflicting
opinions become more frequent. One scholar is found to be at
variance with another. Sometimes it is discovered that contradictory
opinions are ascribed to one and the same scholar.
As far as pos-
sible, the rabbis try to reconcile contradictions. They are of too
peaceful a nature to allow contradictions to stand. These are in out-
line the characteristics of scholastic activity as it clustered around
the Mishna. Let us listen for a moment to a Talmudic discussion.
The first paragraph of the third chapter of the treatise Synhedrion
is on the programme. The Mishna is read. «In civil suits the court
must consist of three persons. Each party chooses one judge, while
the third is chosen by the two judges. According to Rabbi Meir, the
third is chosen by both parties. Rabbi Meir gives each party the
right to object to the other party's judge. The other scholars grant
this right only in the case when it is proved that the judge is
related to one party or morally disqualified; no judge who is morally
qualified or licensed can be objected to. According to Rabbi Meir,
each party may object to the other party's witnesses: according to
the other scholars, only when it is proved that the witnesses are
related or morally disqualified; witnesses morally qualified cannot be
ruled out of court. ” So far the Mishna. Now begins the discussion.
It is asked, How can any one object to a (competent, duly licensed)
judge? Rabbi Meir has in mind Syrian courts; i. 1. , judges who are
known as incompetent. It follows from this answer that Rabbi Meir
## p. 14459 (#653) ##########################################
THE TALMUD
14459
would not allow any one to object to competent judges. It is pointed
out that Rabbi Meir's colleagues in the Mishna state it as their
opinion that competent judges cannot be objected to; hence Rabbi
Meir apparently is of the opinion that all judges, even such as are
competent, may be objected to. The original question remains: How
can Rabbi Meir reasonably hold such an opinion? The master meets
the objection by resorting to textual emendation.
In the opinion of
Rabbi Meir's colleagues he proposes to read, “No judge who is mor-
ally qualified can be objected to, for he is just as good as one duly
licensed. ” According to this reading, of course, Rabbi Meir as well is
of the opinion that licensed judges cannot be objected to: the con-
troversy turns about judges who are not licensed, but are otherwise
morally qualified; according to Rabbi Meir they may be rejected by
one of the parties, while according to the other scholars they are just
as good as licensed judges, and are therefore not open to objection.
One of the students quotes an extraneous source according to which
Rabbi Meir's colleagues, in the course of argumentation with him,
made the remark: You will not allow any one to object to a duly
licensed judge! It follows that the controversy really turned about
licensed judges. The original question remains: How can Rabbi
Meir reasonably hold such an opinion? The master who holds that
Rabbi Meir never permitted the rejection of duly licensed judges
claims that the student misquoted his source, and that the remark of
Rabbi Meir's colleagues should read, “You will not allow any one
to object to a judge who is accepted by a community as competent
(although not duly licensed)! ” The master even quotes a source of
equal authority as that adduced by the student where Rabbi Meir is
made to say, “One has a right to object until a judge is chosen who
is duly licensed. ” But the students are none the less unyielding.
They reason by analogy, and bid the master look at the second part
of the paragraph just read. Witnesses, they say, unless related or
morally disqualified, are fully competent, as much as a judge who is
duly licensed is in his sphere. Yet Rabbi Meir grants the litigants
the privilege of rejecting witnesses not related and morally qualified.
Hence Rabbi Meir is evidently of the opinion that even a licensed
judge may be rejected. The master is ready with his reply. He
quotes an older Talmudic scholar, who, when reading our paragraph,
remarked: "Is it possible that a holy mouth should have said such
a thing (that fully qualified witnesses may be rejected)? Read –
(witness (each party may object to the other party's witness, single
witness). Accordingly two witnesses, provided they are qualified,
cannot be rejected, even according to the opinion of Rabbi Meir;
therefore in the analogous case, a judge who is duly licensed will
be declared by Rabbi Meir not less than his colleagues to be above
rejection. Rabbi Meir's statement was made to read: “Each party
(
(
## p. 14460 (#654) ##########################################
14460
THE TALMUD
con.
may object to the other party's single witness. ” The students pro-
ceed to inquire whether a single witness is not insufficient per se,
independently of the objections of a litigant.
But I think we have had enough of the atmosphere of Talmudic
scholasticism and casuistry. We have heard enough to bear out our
general conception of Talmudic methods. Suffice it to say that the
scholastic work of several generations is finally codified. Multiply
discussions like the one which we listened to, by the number of para-
graphs and the smaller divisions contained in the Mishna, and you
will have a pretty fair conception of the bulk as well as of the char-
acter of the matter of the Talmud — the Talmud as a book. The
Babylonian (there is an earlier Palestinian recension embodying the
less developed Palestinian scholasticism) Talmud was probably edited
in the fifth century of our era. The work of the schools continued,
with the written Talmud now as the basis of their operations. The
Talmud was excerpted and commented upon. The best commentary
on the Talmud was written by a French Jew in the eleventh cen-
tury. In the same century an Italian Jew composed a Talmudic lexi-
Upon the Talmud are based the codes of Maimonides (twelfth
century) and Karo (sixteenth century). The Talmud is still studied
in the schools of eastern Europe, and is regarded by orthodox Jews
as authoritative.
It would be unjust to convey the idea that nothing except hair-
splitting discussions, on topics more or less out of touch with modern
interests, are to be found in the Talmud. There is enough in the
Talmud to justify its claim to the attention of the student of general
literature. It is by no means merely a literary curiosity to be picked
up at some antiquary's, marveled at, and then laid down and con-
signed to the dust of oblivion. The students of the Babylonian
schools, whose work the Talmud records, occasionally give expression
to a weighty maxim bearing witness to deep spiritual insight. The
casuistry engages all their attention; but it is not the whole of their
mental store that is exhibited in their dry discussions. They delve
deeply into the mysteries of the Law; the rich treasures of spiritual
life are equally known to them. They discourse on competent judges
and witnesses, on what may be eaten and what may not, on what it
is permitted to do on certain occasions and what is not permitted;
but they are equally experts on the inward concerns of man, and
speak wise words on lofty subjects. Listen to some of their obiter
dicta : – "Be in attendance upon the wise; for even the ordinary con-
versation of a scholar is well worth a study. ” “He who supports
himself by his own labor is greater than he who fears heaven; for
by thine own name they will call thee, and in thine own place they
will seat thee, and give thee of what is thine own: but he who
looks forward to the table of his fellow - the world, as it were, lies
## p. 14461 (#655) ##########################################
THE TALMUD
14461
dark before him, and his life is no life. ”
“He who forces an oppor-
tunity, the opportunity forces him back; but he who is patient, it
comes to him. ” “Where there is a man, there be thou not the
man. ” «He who runs after greatness, greatness escapes him; but he
who shuns greatness, greatness seeks him. ” “It is not the position
that honors the man: the man honors the position. ” “Better is one
feeling of contrition than many stripes. ” «A man's prayer is not
accepted unless he have made his heart as soft as fesh; as it is
written: 'And it shall come to pass, that from one new moon to
another, and from one Sabbath to another, shall all flesh come to
worship before me. » «Make thy Sabbath a week-day rather than
)
to depend on thy fellow-man. ” “A father who strikes his adult son
puts a stumbling-block before the blind. ” “He is rich who has a
wife of beautiful conduct. " "He who loves his wife as himself, and
honors her more than himself, in reference to him Scripture says:
(And thou wilt know that thy tent will be in peace. )) “He whose
first wife dies — the temple, as it were, was destroyed in his days;
the world is darkened to him. Everything may be replaced save the
wife of one's youth. The husband dies to none except his wife, and
the wife to none except her husband. ” «The teacher's work is the
work of the Lord: Cursed be he that doeth the work of the Lord
deceitfully. ) » «By a single right judgment the judge becomes a
participator in God's creation; as, on the other hand, all punishments
inflicted upon the world come because of the unscrupulousness of
judges. ” “Justice must make straight her path, even though mount-
ains be in the way. ” “Ye shall not make with me gods of silver
and gods of gold. But gods of wood ? Hence the passage is inter-
preted as referring to a judge who has secured his office through the
use of silver and gold. ” “You may violate one Sabbath to preserve
the life of a child one day old: violate one Sabbath so that he may
observe many Sabbaths. " "He who smites the cheek of his fellow-
man is a wicked person. A smiting hand deserves to be cut off. ”
« The highwayman simply restores the robbed property, but the thief
is punished with a fine; because the former slights both man and
God, while the latter fears the eye of man, but is unconcerned about
the eye of God. ” "He who robs his neighbor of the smallest amount
takes, as it were, his life. ” "He who sets his eye upon that which
is not his, is denied what he seeks, and is deprived of what he pos-
sesses. ” “He who causes his fellow to blush publicly, is guilty of
bloodshed. ” “He who slanders his neighbor denies the existence of
God; for it is written: Who have said, with our tongue will we pre-
vail; our lips are with us, who is lord over us? Of him the Holy
One, blessed be He, says, We cannot exist together in the world. ”
“They say of the man of the tongue, that he speaks here and kills
C
## p. 14462 (#656) ##########################################
14462
THE TALMUD
in Rome, speaks in Rome and kills in Syria. ” “The liar is not be-
lieved even when he tells the truth. ” “Falsehood is popular, truth
unpopular; falsehood is frequent, truth scarce: but truth prevails,
while falsehood does not prevail. «Ten hard things have been
created in the world: the rocks of mountains are broken by iron;
iron is melted by fire; fire is extinguished by water; waters are
borne by clouds; clouds are scattered by the wind; a fierce wind is
resisted by the body; a strong body is broken by fear; fear is dis-
pelled by wine; wine yields to sleep: but the hardest of all is death,
and alms-giving delivereth from death. ” “Who is under the obliga-
tion of alms-giving ? Even he who himself receives charity. ” “Feed
the hungry, if you are convinced that you are not imposed upon;
clothe the naked and ask no questions. ” “Charity is the salt of
wealth. ” “If you are not able to give yourself, encourage others. ”
« You are not obliged to make a poor man rich; but you must supply
all his wants. ” “Charity for the sake of pride is a sin. ” « The giver
should not know to whom he giveth; and the receiver should not
know from whom he has received. ” “He who does not visit the sick
is guilty of bloodshed. ” He who finds anything blameworthy in
his fellow-man must reprove him; on the other hand, he who un-
justly suspects his neighbor must ask his pardon. One in whose
power it is to reprimand the members of his household and fails to
do so, is held responsible for them; the greater a man's influence,
the greater his responsibility. He who leads his fellow-man to good-
ness is, as it were, his creator. ” “He who does not return a greet-
ing is guilty of theft. ” “Respect the customs of the place whither
thou comest; for Moses ascended to heaven and ate no bread, while
the angels descended to earth and partook of food. ” "If a man give
to his fellow all the gifts of the world grudgingly, it is accounted
to him as if he had given nothing; but he who receiveth his neigh-
bor with a cheerful disposition, even though he give nothing, it is
accounted to him as if he had given him all the gifts of the world. ”
“What is hatred of mankind ? A man ought not to say, I will love
the master but hate the student; love the student but hate the com-
mon man: but a man ought to say, I will love them all. ”
Interesting are the ethical testaments, or counsels given by a
dying teacher to his pupil:- “Do not enter your house suddenly,
much less the house of your neighbor. Take heed thereunto that
you honor your mother. More than a stranger can harm you, you can
harm yourself. Bargain not for goods when you have no means to
buy. Spread out a carcass in the street, and say not, I am a great
man: it is unbecoming to me. ” And to the daughters: “Be modest
in the presence of your husbands. When a person knocks at the
door, do not ask, Who (masculine) is there? but, Who (feminine) is
## p. 14463 (#657) ##########################################
THE TALMUD
14463
»
>
there ? » Of the same nature are ethical prayers:—“May my lot be
among those who dwell in the house of study, and not among those
who support it; among those who collect charity, and not among those
who distribute it; among those who are unjustly suspected of wrong-
doing. ” Sometimes the scholars give a review of their moral char-
acter, often when asked by their disciples to state the cause of their
long life:-“I have never acted against the will of my colleagues. ”
“I have never said anything which I afterwards retracted. ” “I have
never spoken profane speech. ” "I never rejoiced in the misfortune
of my fellow-man. ” “I never accepted a gift, nor insisted on my
rights. ”
Here are some of their thoughts on theological matters. "He who
is instructed in the Law, but lacks fear of Heaven, is to be likened
to him who has the key to the inner door, without that of the outer
door: how can he enter ? » << To love God is to act in such a man-
ner that the name of God is loved through us. ” “If one chooses to
sin, no obstruction is put in his path. ” « The evil thought is at first
like a thread of spider-web, but finally it becomes like a cart-rope. ”
«The evil thought settles at first in our heart like a traveler that
came from afar, but then it becomes a permanent lodger. It over-
whelms its host every moment, and seeks to kill him. It seduces
man in this world, and testifies against him in the world to come. ”
“There was a little city, and few men within it; and there came a
great king against it, and besieged it, and built great bulwarks against
it, etc. (A little city,' that is the body; and there came a great
king against it,' that is the evil thought; (and built great bulwarks
against it,' i. e. , the sins: 'now there was found in it a poor wise
man,' that is the good thought; (and he by his wisdom delivered the
city,' i. e. , by repentance and good works; yet no man remembered
that same poor man,' for when the evil thought obtains the upper
hand, the counsels of conscience are forgotten. ” « The evil thought
is the strange god in the heart of man. ” "In the future world God
will slaughter the evil thought in the presence of the righteous and
the wicked; to the righteous it will appear like a high mountain,
while to the wicked it will seem a tiny hair.
Both will weep.
The
righteous will say, How could we pass this great mountain ? The
wicked will say, How is it that we were not able to surmount this
tiny hair? ” “In the world which is to come there will be neither
eating nor drinking, nor wooing, no business, envy, hatred, or quarrel;
but the righteous, with crowns on their heads, will enjoy the splendor
of the Godhead. ”
We conclude with a few specimens of connected narrative found
in the Talmud. We select those of an ethical character.
## p. 14464 (#658) ##########################################
14464
THE TALMUD
< Do
Said Rabbi Johanan: The first verse of Psalm cxxvi. (“When the
Lord brought back those that returned to Zion, we were like unto
them that dream”) always caused difficulty to Onias (a pious man
who was famous for his successful intercessions in times of drought):
how can a man sleep for seventy years ? One day, as he was walk-
ing along the road, he saw an old man planting a carob-tree.
you know,” he asked the man, “that these trees do not bear fruit
before seventy years ? Do you expect to live seventy more years ? ”
The old man replied, “I found many carob-trees in the world: as
my fathers planted for me, I plant for my children. ” As Onias sat
down to partake of his scanty meal, he was overcome by sleep; and
covered from sight by a grotto, he slept seventy years.
When he
awoke, he saw a man eating of the fruit of that carob-tree.
planted this tree ? ” asked Onias. «My father's father. ” Onias said
to himself, I have then slept these seventy years. He proceeded to
his home. “Does the son of Onias live here ? ” he inquired.
son of Onias is dead," was the answer; “but you may see the grand-
Onias then introduced himself as the grandfather, but no one
would believe him. He went to the schoolhouse and overheard the
discussions of the scholars. « The lesson is as clear to us as it was
in the old times of Onias. ” He again introduced himself, but no one
would believe him or treat him with the respect he deserved. He
prayed to God that he would take him away from this world. That
is why people say, said Rabba, Either company, or death.
( Who
( The
Son. "
ABBA HILKIAH was the name of the grandson of Onias. Whenever
rain was scarce, he was asked to pray for rain; and his prayer met
with response.
Once two scholars were sent to him to ask of him a
similar favor. They went to his home, and were directed to the field
where he was digging. They greeted him, but he would not recog-
nize them. In the evening, on his way home, he put some wood on
one of his shoulders and his coat on the other. When he passed
through water, he put on his shoes. When he came among thorns,
he lifted his clothes. As he entered the village, his wife met him
in her best attire. When they came to the house, his wife entered
first and he followed her. He sat down to his evening meal, but did
not invite the two scholars. As he dealt out the bread, he gave his
younger boy two pieces, but one to the older boy. Then he said to
his wife, “I know what these scholars want of me. Let us go up to
the roof and pray, perchance that God will have mercy and send
rain. ” He stood in one corner and she in another. The clouds were
soon seen to come from the side on which the wife stood. Then he
descended. “What do you wish ? ” said he to the scholars. « We
were sent to ask you to pray for rain,” answered they. “Blessed be
>
.
1
## p. 14465 (#659) ##########################################
THE TALMUD
14465
)
(
God,” he replied, “who made you independent of me. ” “We know
well,” said they, «that the rain came through you.
But would you
kindly explain to us some of the strange things we have witnessed ?
Why did you not return our greeting >» "I was hired by the day,
and did not deem it right to be idle for a moment. ” — «Why did you
put wood on one shoulder, and your coat on the other ? » « Because
my coat was not my own: I borrowed it for one purpose, and could
not use it for another. ” —«Why did you put on your shoes when
passing through water? “Because I can see what is on the road,
but not what is in the water. ” — «Why did you lift up your clothes
when you came among thorns ? ” “Because the flesh may heal, but
the clothes when torn cannot be made whole. " — «Why did your wife
meet you in her best attire ? ” “That I might not cast my glance
on another woman. ” “Why did you let us enter last ? » « Because
you were strangers, and I would not trust you. ”. “Why did you not
invite us to partake of your food ? ” « Because the food was scanty. ”
– “Why did you give the older boy one piece and the younger one
two pieces ? ” « Because the former stays at home, while the latter
goes to school. ” — “Why did the cloud appear from the side where
your wife stood ? » « Because a woman is always at home and has
more opportunity to give charity. ”
(
(
WHENEVER the collectors of charity saw Eleazar of Bartotha they
would hide themselves; for he would give them whatever he had.
One day he went to the market-place to buy a bridal outfit for his
daughter. The collectors saw him and hid themselves. But he fol-
lowed them and inquired what their mission was. He was told that
they were trying to raise money to buy an outfit for two orphans
that were to marry. By the service! ” said the rabbi: "they come
first. ” He gave them all the money he had save one zuz (a silver
denarius).
sighted in society, they are obtuse in politics. They examine
everything by the artificial light of candles; they are disturbed
and bewildered in the powerful light of open day. The eyelid
has grown stiff through age. The organ so long bent on the
petty details of one refined life no longer takes in the popular
life of the masses, and in the new sphere into which it is sud-
denly plunged its refinement becomes the source of its blind-
ness.
Nevertheless action is necessary, for danger is seizing them
by the throat. But the danger is of an ignoble species, while
their education has provided them with no arms suitable for ward-
ing it off. They have learned how to fence but not how to box.
They are still the sons of those at Fontenoy, who instead of
being the first to fire, courteously raised their hats and ad- .
dressed their English antagonists, “No, gentlemen: fire your-
selves. ” Being the slaves of good-breeding, they are not free in
their movements. Numerous acts, and those the most important,
– those of a sudden, vigorous, and rude stamp;- are opposed
to the respect a well-bred man entertains for others, or at least
to the respect which he owes to himself. They do not consider
these allowable among themselves; they do not dream of their
## p. 14451 (#645) ##########################################
HIPPOLYTE ADOLPHE TAINE
14451
.
being allowed: and the higher their position, the more their rank
fetters them. When the royal family sets out for Varennes, the
accumulated delays by which they are lost are the result of
etiquette. Madame de Touzel insists on her place in the carriage
to which she is entitled as governess of the Children of France.
The King, on arriving, is desirous of conferring the marshal's
baton on M. de Bouillé; and after running to and fro to obtain
a baton, he is obliged to borrow that of the Duc de Choiseul.
The Queen cannot dispense with a traveling dressing-case, and
one has to be made large enough to contain every imaginable
implement from a warming-pan to a silver porridge-dish, with
other dishes besides; and as if there were no shifts to be had in
Brussels, there had to be a complete outfit in this line for herself
and her children.
A narrow fidelity, humanity in its own despite [quand même],
the frivolity of the small literary spirit, graceful urbanity, pro-
found ignorance, the nullity or rigidity of the understanding
and of the will, are still greater with the princes than with the
nobles. All are impotent against the wild and roaring outbreak.
They have not the physical superiority that can master it, the
vulgar charlatanism which can charm it away, the tricks of a
Scapin to throw it off the scent, the bull's neck, the mounte-
bank's gestures, the stentor's lungs,- in short, the resources of
the energetic temperament and of animal cunning, alone capable
of diverting the rage of the unchained brute. To secure wres-
tlers of this stamp they seek for three or four men of a different
race and education: men who have suffered and roamed about;
a brutal plebeian like the Abbé Maury; a colossal and dirty satyr
like Mirabeau, a bold and prompt adventurer like that Dumouriez,
who at Cherbourg, when through the feebleness of the Duc de
Beuvron the stores of grain were given up and the riot began,
hooted at and nearly cut to pieces suddenly sees the keys of the
storehouse in the hands of a Dutch sailor, and yelling to the mob
that it was betrayed through a foreigner having got hold of the
keys, himself jumps down from the railing, seizes the keys, and
hands them to the officer of the guard, saying to the people: "I
am your father,- I am the man to be responsible for the store-
house! ”
To intrust oneself with porters and brawlers, to be collared
by a political club, to improvise on the highways, to bark louder
than the barkers, to fight with the fists or a cudgel, as with the
>
## p. 14452 (#646) ##########################################
14452
HIPPOLYTE ADOLPHE TAINE
gay youths of a later day, against brutes and lunatics incapable
of employing other arguments, and who must be answered in
the same vein, to mount guard over the Assembly, to act as
volunteer constable, to spare neither one's own hide nor that of
others, to be one of the people to face the people,-are simple
and effectual proceedings, but so vulgar as to appear to them dis-
gusting The idea of resorting to such means never enters their
head: they neither know how, nor do they care, to make use of
their hands in such business. They are skilled only in the duel; ;
and almost immediately the brutality of opinion, by means of
assaults, stops the way to polite combats. Their arms, the shafts
.
of the drawing-room, epigrams, witticisms, songs, parodies, and
other needle-thrusts, are impotent against the popular bull.
This character lacks both roots and resources; through super-
refinement it has become etiolated; nature, impoverished by cult-
ure, is incapable of the transformations by which we are renewed
and survive. An all-powerful education has repressed, mollified,
enfeebled instinct itself. About to die, they experience none of
the reactions of blood and rage, the universal and sudden restora-
tion of the forces, the murderous spasm, the blind irresistible need
of striking those who strike them. If a gentleman is arrested
.
in his own house by a Jacobin, we never find him splitting his
head open. They allow themselves to be taken, going quietly
to prison: to make an uproar would be bad taste; it is neces-
sary above all things to remain what they are,— well-bred people
of society. In prison both men and women dress themselves
with great care, pay each other visits, and keep up a drawing-
room: it may be at the end of a corridor, in the light of three
or four candles; but here they circulate jests, compose madri-
gals, sing songs, and pride themselves on being as gallant, as
gay, and as gracious as ever: need people be morose and ill-
behaved because accident has consigned them to a poor inn?
They preserve their dignity and their smile before their judges
and on the cart; the women, especially, mount the scaffold with
the ease and serenity characteristic of an evening entertainment.
It is the supreme characteristic of good-breeding, erected into
a unique duty, and become to this aristocracy a second nature,
which is found in its virtues as well as in its vices, in its facul-
ties as well as in its impotencies, in its prosperity as at its fall,
and which adorns it even in the death to which it conducts.
## p. 14453 (#647) ##########################################
14453
THE TALMUD
BY MAX MARGOLIS
W
HAT is the Talmud ?
Let us enter a Jewish school of Babylonia some time
after the year 325 A. D. We may betake ourselves to Pum-
baditha, whose academy, now almost a century old, is presided over
by Abaye; or to the young school at Mahoza, where we shall meet its
founder, Raba. A third and still older seat of learning, the Soran
Academy, we shall find deserted: after half a century it will resume
its former place as Pumbaditha's rival. The attendance at the schools
is largest in March and August, the months preceding Passover and
Tabernacles. The scholars follow their occupations as husbandmen
and tradesmen during the rest of the year: they are not all young
men— some leave their families behind them: they all study for the
sake of study, which is a duty incumbent upon every Israelite. In
Pumbaditha poor scholars are supported from a public fund, to which
the communities throughout the land contribute. What is the subject
of the scholar's study? what the topic of the master's discourse ? what
are the points of controversy between the two rival scholarchs ? Do
they differ on some grave doctrinal question, similar to that which
engaged the attention of the bishops convened at Nicæa? are the dis-
cussions of Abaye and Raba in any way to be compared to the con-
troversy between Arius and Athanasius ? When teacher and disciple
equally are worn out by the heavy matter of daily school routine, and
a change of subject is desirable for the purpose of relaxation, then
you may perhaps hear a remark bearing on theology in our sense of
the word; or if you choose a rather dignified term, a metaphysical
observation. But then the rabbis are altogether in their lighter
mood: the discipline is lax, mental concentration gives way to free
rambling; wise maxims and witty epigrams, fantastic exposition of
Scripture and facetious stories, succeed each other in playful connec-
tion; the jargon of the school with its Hebrew terminology yields to
the easier flow of the Aramaic vernacular; in the language of every-
day life a remark is sometimes made which is hardly consonant with
the dignity of the class-room. These pleasant intermezzos seldom
last long: a return is made to the sterner subjects of the school pro-
gramme. The chief subject-matter of the schools is the interpreta-
tion of the Mishna. What is the Mishna ?
There are scholars who claim that the Mishna, as we know it at
present, was not committed to writing until some two centuries after
## p. 14454 (#648) ##########################################
14454
THE TALMUD
the time at which we have set out to study the Talmudic schools.
But there is good ground for holding to the traditional opinion which
makes the codification of the Mishna coincident with its redaction,
which is placed at the end of the second century. For our present
purposes we may, on the strength of this assumption, expect to find
on the master's desk at least — manuscripts are expensive — a volumi-
nous book of the size of an ordinary pulpit Bible. As we turn its
leaves, we shall be told that it is divided into six parts or orders,
which are named:- Seeds (laws pertaining to agriculture: 1. g. , the
law which prescribes that the corner of the field must not be reaped
but left to the poor; the prohibition to sow mixed seeds; the regula-
tions concerning tithes and sacerdotal revenues, the seventh year,
etc. ); Holy Seasons (Sabbath and festivals: the kinds of labor which
must be abstained from on these days are minutely specified; the
sacrificial and ritual ceremonies peculiar to each holiday); Women
(laws pertaining to betrothal, marriage, and divorce; the Levirate, or
marriage of the deceased brother's wife; prohibited marriages; the
woman suspected of adultery: in this part are also treated vows in
general and the Nazirate in particular); Damages (civil and criminal
laws; courts and proceedings of jurisdiction: in the treatise called
«Fathers,” the ethical sayings of the doctors of the Mishna are
recorded); Sacred Things (laws on things sacred; i. l. , dedicated to
the temple: the slaughtering of animals for ordinary purposes; what is
fit to be eaten — kasher, and what is not — terepha); Matters of Purity
(euphemistically for Impurity, Levitical impurity; resulting, e. g. , from
contact with a dead body, unclean animals, etc. ). Each subject is
handled, as a rule, in a special treatise: thus we have the treatise
Sabbath, New Year, The Day (i. e. , the Day of Atonement), Marriage
Contracts, Bills of Divorce, etc. Each treatise is divided into chapters,
and each chapter into paragraphs. The statements of law or practice
are usually unaccompanied by argumentation; neither is the source
indicated. Divergent opinions are quite frequently recorded; the
scholars are then mentioned by name, otherwise no name is given
at all.
The Mishna then, we see, is a code of laws embracing the civic
and religious life of the Jew. From our hasty survey of the subjects
treated in this law-book, we gather that in the main the Mishna is
meant to reproduce in an expanded form the laws and provisions
contained in the Law,-i. e. , the Pentateuch. Mishna, indeed, means
Repetition; it is an expansion of the original law whence it derives
its authority. If the subject-matter of the Mishna appears trivial to
a modern reader, much in the legal portions of the Pentateuch is
equally foreign to our tastes. Perhaps we shall object not so much
to the matter, which is largely Scriptural, as to the manner in which
it is elaborated. The prohibition to work on the Sabbath day is
## p. 14455 (#649) ##########################################
THE TALMUD
14455
Biblical: it is reported in the Pentateuch that a man was stoned to
death in the wilderness for gathering wood on the day of rest. The
Mishna devotes over twenty chapters to a minute specification of
what is prohibited labor and what is not. One chapter enumerates
all articles of apparel which a woman may wear on the Sabbath. It
is not sufficient to lay down the general rule, that the prohibition to
carry burdens on the Sabbath does not apply to wearing apparel or
jewelry worn for ornament; but a catalogue of articles of woman's
toilet is given, showing that the rabbis had an eye for the trinkets of
their wives and daughters. Costly jewelry must not be worn on the
Sabbath: the women are in the habit of taking their expensive
ornaments off in order to show them to their friends; while it is
permitted to wear ornaments, they must not be handled. The Penta-
teuch commands that the lost property of a neighbor, if found, be
restored to him, or be kept until he claims it. According to the rab-
bis, certain things may be retained by the finder without making an
effort to ascertain their owner: 1. g. , when a thing has no mark or
distinguishing feature by which it may be identified, it is assumed
that the owner has no thought of regaining it, and willingly re-
nounces his ownership; the article becomes public property, to be the
possession of the first person that finds it. A list of articles is given
which come under the category of unrecognizable things. The prin-
ciple itself is scarcely given expression to. Very often a case is
gone through in all possible and impossible ramifications: the love of
detail, of definiteness, strongly manifests itself everywhere; the cases
are in most instances the invention of the schools, only a few coming
from real life.
It is fortunate, said some one facetiously, that the synagogue, un-
like the church, has no bells; otherwise we should have had a treatise
in the Mishna called Bells, setting forth the proper metal and size of
a bell, and how often it should be rung, and what benediction should
be pronounced over the ringing, and whether the benediction should
be said before or after the ringing, etc. For the horn which is
blown on New Year's Day, or the booth in which the Israelite is to
dwell on the festival which derives its name from it, or the scroll
from which the book of Esther is read on the feast of Purim, are
treated with exactly this kind of detail.
The Mishna is a law-book replete with tedious matter. Yet it is
not without its interesting parts, which deservedly claim the attention
of even a modern reader. Occasionally amidst the rubbish of form-
alism, lies hidden a pithy remark betraying the spiritual and moral
insight of the schoolmen. The treatise “Fathers” — the object of
which is to record in chronological order the doctors of the Mishna
is in its entirety an ethical treatise, for the reason that incidentally
»
## p. 14456 (#650) ##########################################
14456
THE TALMUD
((
to every name is attached an ethical maxim reported as coming from
that scholar. These occasional glimpses of other than purely formal-
istic interests, these sayings on the most important spiritual concerns
of man, on God and duty, may fitly find a place in the world's liter-
ature. For their sake we are ready to overlook the unattractive sur-
roundings in which they are found.
Take for instance the treatise Benedictions, with which the code
commences. While we again painfully notice the undue attention
given to the minutiæ of etiquette and the ceremonial side of prayer,
- at what time and up to what time certain prayers may be recited,
what should be the posture of the body, which benediction must pre-
cede another, and what is to be done when an error is made in the
recital, —we find there the warning: “He who maketh his prayer a
matter of duty to be performed at set times, his prayer is not pure
devotion. ” One must bless God for the evil as well as for the
good. ” Elsewhere we are told that he who serves God out of fear
is inferior to him who is pious out of love. « Be not as slaves who
minister to their master with a view to recompense; but be as slaves
who serve their master without the expectation of reward. ” « Better
is an hour of repentance and good works in this world, than all the
life of the world to come. ” On the other hand: «Better is one
hour of spiritual bliss in the world to come. than all the life of this
world. ” « This world is like a vestibule before the world which is to
come: prepare thyself at the vestibule, that thou mayest be admitted
into the hall. ” “Be bold as a leopard, and swift as an eagle, and
fleet as a hart, and strong as a lion to do the will of thy Father
which is in heaven. ” «Consider three things and thou wilt not fall
into the hands of transgression: know what is above thee,-a seeing
eye, and a hearing ear, and all thy deeds written in a book. ” The
rabbis exhort to love work and hate lordship. "Idleness leads to
insanity. ” Study is an obligation for everybody. It is a matter of
private effort; it is not an heirloom which may be bequeathed by
father to son. “Say not, When I have leisure I will study: perchance
thou mayest not have leisure. ” “He who learns as a lad, is like to
ink written on fresh paper; and he who learns when old, is like to
ink written on used paper. ” “He who learns from the young is like
one that eats unripe grapes, and drinks wine fresh from the vat; but
he who learns from the old is like one who eats ripened grapes, and
drinks old wine. ” And yet he is wise who learns from every man.
« There are four characters in those who sit at the feet of the wise,
- a sponge, a funnel, a strainer, and a sieve: a sponge, which sucks
up all; a funnel, which lets in here and lets out there; a strainer,
which lets out the wine and keeps back the dregs; a sieve, which
lets out the flour and keeps back the pollard. ” “Excellent is study
together with worldly business, for the practice of them both puts
D)
## p. 14457 (#651) ##########################################
THE TALMUD
14457
»
>>
away sinful thoughts; all study without work must fail at length and
lead to sin. ” “This is the path of study: A morsel with salt shalt
thou eat, thou shalt drink water by measure, and thou shalt sleep
upon the ground, and live a life of painfulness, and in the Law
shalt thou labor. ” «Seek not greatness for thyself, and desire not
honor. Practice more than thou learnest: not learning but doing is
the groundwork. And lust not for the table of kings; for thy table
is greater than their table, and thy crown greater than their crown,
and faithful is thy taskmaster who will pay thee the wage of thy
work. ” So is the young scholar addressed. “Thy own deeds shall
bring thee nigh or put thee afar. ” “If I am not for myself, who is
for me ? » “In the place where there are no men, endeavor to be a
man. ” “Yet lean not to thine own understanding. ” “He is mighty
who subdues his passion. ” « There are three crowns,- the crown of
scholarship, and the crown of priesthood, and the crown of royalty;
but the crown of a good name surpasses them all. ” “He is rich who
is contented with his lot. "Judge not thy friend until thou comest
into his place. ” “Let the honor of thy fellow-man be as dear to
thee as thine own. ” “Despise no man, and carp at no thing; for thou
wilt find that there is not a man that hath not his hour, and not a
thing that hath not its place. ” “Do not conciliate thy friend in the
hour of his passion, nor console him in the hour when his dead is
laid out before him; and strive not to see him in the hour of his
disgrace. ” “Let thy house be opened wide, and let the needy be
thy household. ” “Receive every man with a cheerful countenance. ”
"Pray for the welfare of the State, since but for fear thereof we
had swallowed each his neighbor alive. ” There is something to be
learned from this dry law-book after all.
The exposition and interpretation of the Mishna constitutes the
main activity of the Jewish schools of Babylonia, whether at Sora or
Pumbaditha, whether at Mahoza or Naresh. Talmud is a term that
signified first a method, before it became the name of a book. The
Mishna, as we may remember, contains little of discussion or argu-
mentation: it is, in the majority of cases, content to state a point of
law in the form of a simple statement, without in the least indicating
the process by which the law was evolved. The Talmudic method is
principally concerned with retracing the law, as stated in the Mishna,
to its source; which it is assumed, sometimes wrongly, must be found
in Scripture. There is not a sentence in the Mishna which escapes
the notice of the expounder: the reason of every remark must be
established. « Wherefrom ? whence all this? ” is a constant query.
If the origin is found to lie in Scripture, the exegesis of the Bible
word is quite often forced, unnatural. It is true the rabbis are not
always very earnest about their fine deductions. Much
ascribed to the love of casuistry and mental gymnastics. They are
»
may be
## p. 14458 (#652) ##########################################
14458
THE TALMUD
none.
always glad to find problems. Complications are artificially created
where there are
Where a law is deduced from a principle
stated in the Mishna, that principle is now elaborated with exactness
and finesse. Again, laws of various kinds and on different subjects
are subsumed under new aspects, new principles. The work of
abstract systematization begins: another opportunity for mental labor.
The Talmudic scholar never confines himself to the law on hand: he
compares it with others, finds similarities and dissimilarities, repeti-
tions and contradictions. A clever scholar will find some discrimi-
nating point by which the seeming repetition will be removed. The
text of the Mishna itself often presents difficulties. The language
is concise, at times enigmatical. Then the Mishna is not the work
of one hand. Its several parts are welded together, as a rule very
adroitly, yet occasionally in a manner to create incongruities or
ambiguities. It is the business of the Talmudic method to remove
these difficulties. On the other hand, the Mishna must be adapted to
new conditions and situations. New laws are formulated, which as
a rule are deduced from a principle discovered behind the concrete
decisions recorded in the law-book. As the work of the Talmudic
schools goes on from generation to generation it becomes more com-
plicated. The discussions of one generation are handed down to the
next, and become the basis of all subsequent operations. Conflicting
opinions become more frequent. One scholar is found to be at
variance with another. Sometimes it is discovered that contradictory
opinions are ascribed to one and the same scholar.
As far as pos-
sible, the rabbis try to reconcile contradictions. They are of too
peaceful a nature to allow contradictions to stand. These are in out-
line the characteristics of scholastic activity as it clustered around
the Mishna. Let us listen for a moment to a Talmudic discussion.
The first paragraph of the third chapter of the treatise Synhedrion
is on the programme. The Mishna is read. «In civil suits the court
must consist of three persons. Each party chooses one judge, while
the third is chosen by the two judges. According to Rabbi Meir, the
third is chosen by both parties. Rabbi Meir gives each party the
right to object to the other party's judge. The other scholars grant
this right only in the case when it is proved that the judge is
related to one party or morally disqualified; no judge who is morally
qualified or licensed can be objected to. According to Rabbi Meir,
each party may object to the other party's witnesses: according to
the other scholars, only when it is proved that the witnesses are
related or morally disqualified; witnesses morally qualified cannot be
ruled out of court. ” So far the Mishna. Now begins the discussion.
It is asked, How can any one object to a (competent, duly licensed)
judge? Rabbi Meir has in mind Syrian courts; i. 1. , judges who are
known as incompetent. It follows from this answer that Rabbi Meir
## p. 14459 (#653) ##########################################
THE TALMUD
14459
would not allow any one to object to competent judges. It is pointed
out that Rabbi Meir's colleagues in the Mishna state it as their
opinion that competent judges cannot be objected to; hence Rabbi
Meir apparently is of the opinion that all judges, even such as are
competent, may be objected to. The original question remains: How
can Rabbi Meir reasonably hold such an opinion? The master meets
the objection by resorting to textual emendation.
In the opinion of
Rabbi Meir's colleagues he proposes to read, “No judge who is mor-
ally qualified can be objected to, for he is just as good as one duly
licensed. ” According to this reading, of course, Rabbi Meir as well is
of the opinion that licensed judges cannot be objected to: the con-
troversy turns about judges who are not licensed, but are otherwise
morally qualified; according to Rabbi Meir they may be rejected by
one of the parties, while according to the other scholars they are just
as good as licensed judges, and are therefore not open to objection.
One of the students quotes an extraneous source according to which
Rabbi Meir's colleagues, in the course of argumentation with him,
made the remark: You will not allow any one to object to a duly
licensed judge! It follows that the controversy really turned about
licensed judges. The original question remains: How can Rabbi
Meir reasonably hold such an opinion? The master who holds that
Rabbi Meir never permitted the rejection of duly licensed judges
claims that the student misquoted his source, and that the remark of
Rabbi Meir's colleagues should read, “You will not allow any one
to object to a judge who is accepted by a community as competent
(although not duly licensed)! ” The master even quotes a source of
equal authority as that adduced by the student where Rabbi Meir is
made to say, “One has a right to object until a judge is chosen who
is duly licensed. ” But the students are none the less unyielding.
They reason by analogy, and bid the master look at the second part
of the paragraph just read. Witnesses, they say, unless related or
morally disqualified, are fully competent, as much as a judge who is
duly licensed is in his sphere. Yet Rabbi Meir grants the litigants
the privilege of rejecting witnesses not related and morally qualified.
Hence Rabbi Meir is evidently of the opinion that even a licensed
judge may be rejected. The master is ready with his reply. He
quotes an older Talmudic scholar, who, when reading our paragraph,
remarked: "Is it possible that a holy mouth should have said such
a thing (that fully qualified witnesses may be rejected)? Read –
(witness (each party may object to the other party's witness, single
witness). Accordingly two witnesses, provided they are qualified,
cannot be rejected, even according to the opinion of Rabbi Meir;
therefore in the analogous case, a judge who is duly licensed will
be declared by Rabbi Meir not less than his colleagues to be above
rejection. Rabbi Meir's statement was made to read: “Each party
(
(
## p. 14460 (#654) ##########################################
14460
THE TALMUD
con.
may object to the other party's single witness. ” The students pro-
ceed to inquire whether a single witness is not insufficient per se,
independently of the objections of a litigant.
But I think we have had enough of the atmosphere of Talmudic
scholasticism and casuistry. We have heard enough to bear out our
general conception of Talmudic methods. Suffice it to say that the
scholastic work of several generations is finally codified. Multiply
discussions like the one which we listened to, by the number of para-
graphs and the smaller divisions contained in the Mishna, and you
will have a pretty fair conception of the bulk as well as of the char-
acter of the matter of the Talmud — the Talmud as a book. The
Babylonian (there is an earlier Palestinian recension embodying the
less developed Palestinian scholasticism) Talmud was probably edited
in the fifth century of our era. The work of the schools continued,
with the written Talmud now as the basis of their operations. The
Talmud was excerpted and commented upon. The best commentary
on the Talmud was written by a French Jew in the eleventh cen-
tury. In the same century an Italian Jew composed a Talmudic lexi-
Upon the Talmud are based the codes of Maimonides (twelfth
century) and Karo (sixteenth century). The Talmud is still studied
in the schools of eastern Europe, and is regarded by orthodox Jews
as authoritative.
It would be unjust to convey the idea that nothing except hair-
splitting discussions, on topics more or less out of touch with modern
interests, are to be found in the Talmud. There is enough in the
Talmud to justify its claim to the attention of the student of general
literature. It is by no means merely a literary curiosity to be picked
up at some antiquary's, marveled at, and then laid down and con-
signed to the dust of oblivion. The students of the Babylonian
schools, whose work the Talmud records, occasionally give expression
to a weighty maxim bearing witness to deep spiritual insight. The
casuistry engages all their attention; but it is not the whole of their
mental store that is exhibited in their dry discussions. They delve
deeply into the mysteries of the Law; the rich treasures of spiritual
life are equally known to them. They discourse on competent judges
and witnesses, on what may be eaten and what may not, on what it
is permitted to do on certain occasions and what is not permitted;
but they are equally experts on the inward concerns of man, and
speak wise words on lofty subjects. Listen to some of their obiter
dicta : – "Be in attendance upon the wise; for even the ordinary con-
versation of a scholar is well worth a study. ” “He who supports
himself by his own labor is greater than he who fears heaven; for
by thine own name they will call thee, and in thine own place they
will seat thee, and give thee of what is thine own: but he who
looks forward to the table of his fellow - the world, as it were, lies
## p. 14461 (#655) ##########################################
THE TALMUD
14461
dark before him, and his life is no life. ”
“He who forces an oppor-
tunity, the opportunity forces him back; but he who is patient, it
comes to him. ” “Where there is a man, there be thou not the
man. ” «He who runs after greatness, greatness escapes him; but he
who shuns greatness, greatness seeks him. ” “It is not the position
that honors the man: the man honors the position. ” “Better is one
feeling of contrition than many stripes. ” «A man's prayer is not
accepted unless he have made his heart as soft as fesh; as it is
written: 'And it shall come to pass, that from one new moon to
another, and from one Sabbath to another, shall all flesh come to
worship before me. » «Make thy Sabbath a week-day rather than
)
to depend on thy fellow-man. ” “A father who strikes his adult son
puts a stumbling-block before the blind. ” “He is rich who has a
wife of beautiful conduct. " "He who loves his wife as himself, and
honors her more than himself, in reference to him Scripture says:
(And thou wilt know that thy tent will be in peace. )) “He whose
first wife dies — the temple, as it were, was destroyed in his days;
the world is darkened to him. Everything may be replaced save the
wife of one's youth. The husband dies to none except his wife, and
the wife to none except her husband. ” «The teacher's work is the
work of the Lord: Cursed be he that doeth the work of the Lord
deceitfully. ) » «By a single right judgment the judge becomes a
participator in God's creation; as, on the other hand, all punishments
inflicted upon the world come because of the unscrupulousness of
judges. ” “Justice must make straight her path, even though mount-
ains be in the way. ” “Ye shall not make with me gods of silver
and gods of gold. But gods of wood ? Hence the passage is inter-
preted as referring to a judge who has secured his office through the
use of silver and gold. ” “You may violate one Sabbath to preserve
the life of a child one day old: violate one Sabbath so that he may
observe many Sabbaths. " "He who smites the cheek of his fellow-
man is a wicked person. A smiting hand deserves to be cut off. ”
« The highwayman simply restores the robbed property, but the thief
is punished with a fine; because the former slights both man and
God, while the latter fears the eye of man, but is unconcerned about
the eye of God. ” "He who robs his neighbor of the smallest amount
takes, as it were, his life. ” "He who sets his eye upon that which
is not his, is denied what he seeks, and is deprived of what he pos-
sesses. ” “He who causes his fellow to blush publicly, is guilty of
bloodshed. ” “He who slanders his neighbor denies the existence of
God; for it is written: Who have said, with our tongue will we pre-
vail; our lips are with us, who is lord over us? Of him the Holy
One, blessed be He, says, We cannot exist together in the world. ”
“They say of the man of the tongue, that he speaks here and kills
C
## p. 14462 (#656) ##########################################
14462
THE TALMUD
in Rome, speaks in Rome and kills in Syria. ” “The liar is not be-
lieved even when he tells the truth. ” “Falsehood is popular, truth
unpopular; falsehood is frequent, truth scarce: but truth prevails,
while falsehood does not prevail. «Ten hard things have been
created in the world: the rocks of mountains are broken by iron;
iron is melted by fire; fire is extinguished by water; waters are
borne by clouds; clouds are scattered by the wind; a fierce wind is
resisted by the body; a strong body is broken by fear; fear is dis-
pelled by wine; wine yields to sleep: but the hardest of all is death,
and alms-giving delivereth from death. ” “Who is under the obliga-
tion of alms-giving ? Even he who himself receives charity. ” “Feed
the hungry, if you are convinced that you are not imposed upon;
clothe the naked and ask no questions. ” “Charity is the salt of
wealth. ” “If you are not able to give yourself, encourage others. ”
« You are not obliged to make a poor man rich; but you must supply
all his wants. ” “Charity for the sake of pride is a sin. ” « The giver
should not know to whom he giveth; and the receiver should not
know from whom he has received. ” “He who does not visit the sick
is guilty of bloodshed. ” He who finds anything blameworthy in
his fellow-man must reprove him; on the other hand, he who un-
justly suspects his neighbor must ask his pardon. One in whose
power it is to reprimand the members of his household and fails to
do so, is held responsible for them; the greater a man's influence,
the greater his responsibility. He who leads his fellow-man to good-
ness is, as it were, his creator. ” “He who does not return a greet-
ing is guilty of theft. ” “Respect the customs of the place whither
thou comest; for Moses ascended to heaven and ate no bread, while
the angels descended to earth and partook of food. ” "If a man give
to his fellow all the gifts of the world grudgingly, it is accounted
to him as if he had given nothing; but he who receiveth his neigh-
bor with a cheerful disposition, even though he give nothing, it is
accounted to him as if he had given him all the gifts of the world. ”
“What is hatred of mankind ? A man ought not to say, I will love
the master but hate the student; love the student but hate the com-
mon man: but a man ought to say, I will love them all. ”
Interesting are the ethical testaments, or counsels given by a
dying teacher to his pupil:- “Do not enter your house suddenly,
much less the house of your neighbor. Take heed thereunto that
you honor your mother. More than a stranger can harm you, you can
harm yourself. Bargain not for goods when you have no means to
buy. Spread out a carcass in the street, and say not, I am a great
man: it is unbecoming to me. ” And to the daughters: “Be modest
in the presence of your husbands. When a person knocks at the
door, do not ask, Who (masculine) is there? but, Who (feminine) is
## p. 14463 (#657) ##########################################
THE TALMUD
14463
»
>
there ? » Of the same nature are ethical prayers:—“May my lot be
among those who dwell in the house of study, and not among those
who support it; among those who collect charity, and not among those
who distribute it; among those who are unjustly suspected of wrong-
doing. ” Sometimes the scholars give a review of their moral char-
acter, often when asked by their disciples to state the cause of their
long life:-“I have never acted against the will of my colleagues. ”
“I have never said anything which I afterwards retracted. ” “I have
never spoken profane speech. ” "I never rejoiced in the misfortune
of my fellow-man. ” “I never accepted a gift, nor insisted on my
rights. ”
Here are some of their thoughts on theological matters. "He who
is instructed in the Law, but lacks fear of Heaven, is to be likened
to him who has the key to the inner door, without that of the outer
door: how can he enter ? » << To love God is to act in such a man-
ner that the name of God is loved through us. ” “If one chooses to
sin, no obstruction is put in his path. ” « The evil thought is at first
like a thread of spider-web, but finally it becomes like a cart-rope. ”
«The evil thought settles at first in our heart like a traveler that
came from afar, but then it becomes a permanent lodger. It over-
whelms its host every moment, and seeks to kill him. It seduces
man in this world, and testifies against him in the world to come. ”
“There was a little city, and few men within it; and there came a
great king against it, and besieged it, and built great bulwarks against
it, etc. (A little city,' that is the body; and there came a great
king against it,' that is the evil thought; (and built great bulwarks
against it,' i. e. , the sins: 'now there was found in it a poor wise
man,' that is the good thought; (and he by his wisdom delivered the
city,' i. e. , by repentance and good works; yet no man remembered
that same poor man,' for when the evil thought obtains the upper
hand, the counsels of conscience are forgotten. ” « The evil thought
is the strange god in the heart of man. ” "In the future world God
will slaughter the evil thought in the presence of the righteous and
the wicked; to the righteous it will appear like a high mountain,
while to the wicked it will seem a tiny hair.
Both will weep.
The
righteous will say, How could we pass this great mountain ? The
wicked will say, How is it that we were not able to surmount this
tiny hair? ” “In the world which is to come there will be neither
eating nor drinking, nor wooing, no business, envy, hatred, or quarrel;
but the righteous, with crowns on their heads, will enjoy the splendor
of the Godhead. ”
We conclude with a few specimens of connected narrative found
in the Talmud. We select those of an ethical character.
## p. 14464 (#658) ##########################################
14464
THE TALMUD
< Do
Said Rabbi Johanan: The first verse of Psalm cxxvi. (“When the
Lord brought back those that returned to Zion, we were like unto
them that dream”) always caused difficulty to Onias (a pious man
who was famous for his successful intercessions in times of drought):
how can a man sleep for seventy years ? One day, as he was walk-
ing along the road, he saw an old man planting a carob-tree.
you know,” he asked the man, “that these trees do not bear fruit
before seventy years ? Do you expect to live seventy more years ? ”
The old man replied, “I found many carob-trees in the world: as
my fathers planted for me, I plant for my children. ” As Onias sat
down to partake of his scanty meal, he was overcome by sleep; and
covered from sight by a grotto, he slept seventy years.
When he
awoke, he saw a man eating of the fruit of that carob-tree.
planted this tree ? ” asked Onias. «My father's father. ” Onias said
to himself, I have then slept these seventy years. He proceeded to
his home. “Does the son of Onias live here ? ” he inquired.
son of Onias is dead," was the answer; “but you may see the grand-
Onias then introduced himself as the grandfather, but no one
would believe him. He went to the schoolhouse and overheard the
discussions of the scholars. « The lesson is as clear to us as it was
in the old times of Onias. ” He again introduced himself, but no one
would believe him or treat him with the respect he deserved. He
prayed to God that he would take him away from this world. That
is why people say, said Rabba, Either company, or death.
( Who
( The
Son. "
ABBA HILKIAH was the name of the grandson of Onias. Whenever
rain was scarce, he was asked to pray for rain; and his prayer met
with response.
Once two scholars were sent to him to ask of him a
similar favor. They went to his home, and were directed to the field
where he was digging. They greeted him, but he would not recog-
nize them. In the evening, on his way home, he put some wood on
one of his shoulders and his coat on the other. When he passed
through water, he put on his shoes. When he came among thorns,
he lifted his clothes. As he entered the village, his wife met him
in her best attire. When they came to the house, his wife entered
first and he followed her. He sat down to his evening meal, but did
not invite the two scholars. As he dealt out the bread, he gave his
younger boy two pieces, but one to the older boy. Then he said to
his wife, “I know what these scholars want of me. Let us go up to
the roof and pray, perchance that God will have mercy and send
rain. ” He stood in one corner and she in another. The clouds were
soon seen to come from the side on which the wife stood. Then he
descended. “What do you wish ? ” said he to the scholars. « We
were sent to ask you to pray for rain,” answered they. “Blessed be
>
.
1
## p. 14465 (#659) ##########################################
THE TALMUD
14465
)
(
God,” he replied, “who made you independent of me. ” “We know
well,” said they, «that the rain came through you.
But would you
kindly explain to us some of the strange things we have witnessed ?
Why did you not return our greeting >» "I was hired by the day,
and did not deem it right to be idle for a moment. ” — «Why did you
put wood on one shoulder, and your coat on the other ? » « Because
my coat was not my own: I borrowed it for one purpose, and could
not use it for another. ” —«Why did you put on your shoes when
passing through water? “Because I can see what is on the road,
but not what is in the water. ” — «Why did you lift up your clothes
when you came among thorns ? ” “Because the flesh may heal, but
the clothes when torn cannot be made whole. " — «Why did your wife
meet you in her best attire ? ” “That I might not cast my glance
on another woman. ” “Why did you let us enter last ? » « Because
you were strangers, and I would not trust you. ”. “Why did you not
invite us to partake of your food ? ” « Because the food was scanty. ”
– “Why did you give the older boy one piece and the younger one
two pieces ? ” « Because the former stays at home, while the latter
goes to school. ” — “Why did the cloud appear from the side where
your wife stood ? » « Because a woman is always at home and has
more opportunity to give charity. ”
(
(
WHENEVER the collectors of charity saw Eleazar of Bartotha they
would hide themselves; for he would give them whatever he had.
One day he went to the market-place to buy a bridal outfit for his
daughter. The collectors saw him and hid themselves. But he fol-
lowed them and inquired what their mission was. He was told that
they were trying to raise money to buy an outfit for two orphans
that were to marry. By the service! ” said the rabbi: "they come
first. ” He gave them all the money he had save one zuz (a silver
denarius).
