CHAPTER II

THE THEORY OF TORAH

In the preceding chapter I sketched the historical development of

Pharisaism from its source in the work of Ezra to the time when it had

found its literary expression in the Talmud and the Midrash. I said that

from first to last what was developed was the religion of Torah. It is

therefore essential to the understanding of Pharisaism that the reader

should, first, obtain a clear conception of the meaning of Torah, and,

second, that he should bear that conception always in mind in his

further study of Pharisaism. It will be my task in the present chapter

to show what Torah meant, and what form the religion of Torah actually,

and perhaps necessarily, assumed. If I succeed, then the reader will

understand how it was that Rabbinical devotion to Torah could express

itself quite naturally in terms which to the unenlightened Gentile

appear to be extravagant--as, for instance, when it is said that God

studies Torah for three hours every day (b. A. Zar. 3^b).

There would be no particular difficulty in understanding what is meant

by Torah, if it were not that it is commonly supposed that the word

"Law" is the just equivalent of it. The Greek, alike of the Septuagint

and of the New Testament, renders "Torah" by νὁμος; and while

the translators of the New Testament rightly rendered νὁμος by

"Law," they nevertheless perpetuated what was a misconception on the

part of those who used the Greek word to represent "Torah." It is to

avoid that misconception that I have already used, and shall continue to

use, the word "Torah" untranslated, as a technical term whose full

implication cannot be expressed in any one English word. It is true that

the word "torah" is simply and correctly translated by the word

"teaching"; but, as used in the later Judaism, it denotes a particular

kind of teaching, and also the sum-total of what was taught as well as

the vehicle or medium by which it was given. It further denotes any

particular portion of that teaching. In short, it is a word into which

the Rabbis compressed more meaning than can be found in any other word

in their language; and we shall more readily grasp that varied meaning

if we keep to the word Torah, as being unspoiled by erroneous

associations.

The original meaning, then, of the word Torah is simply "teaching," any

kind of instruction given by any person to any other person; for

instance, Prov. i. 8, "Forsake not the 'torah' of thy mother." More

specifically, it was religious teaching, conceived as given either by

God to Israel, or by man to his fellow-man. Thus, Isa. li. 7, "the

people in whose heart is my Torah" (where the speaker is God); and, for

human instruction, Deut. xvii. 11, "according to the tenor of the

'Torah' which they shall teach thee," "they" being the priests. This

last passage gives the clue to the further developments of the word. It

had been for ages the custom in Israel for the priests to give

instruction to the people upon matters connected with religion,

explanations of duty, decisions of disputes, intimations of the will of

God. This was, of course, Torah; and it was Torah which was regarded as

being given by God through human agency. The Torah which the Lord gave

by the hand of Moses would not originally imply any code or book, but

simply such ancient sayings, precepts or otherwise, as were

traditionally ascribed to Moses as the great teacher of Israel in the

days of old. The connection of Torah with Moses, though others might

have given Torah as well as he, had this result, that gradually a body

of traditional teaching was accumulated, ascribed to him and bearing his

name; and the several attempts to collect and codify these are to be

seen in the various strata of the Pentateuch. They are mostly in the

form of precept and command, as was only likely, since they were

intended for the guidance of conduct. But that was not why they were

called Torah. If Moses had taught something that was not commandment at

all, it would still have been Torah, because it was taught.

In this sense, Israel had never been without Torah; and the prophet no

less than the priest owned that in it God had continually taught His

people. Prophecy itself was only a form of Torah, for the prophet spoke

the word of the Lord.

Now, whatever else Ezra introduced that was new, it was not Torah. If he

had religious teaching to give, as of course he had, he only followed in

the train of the prophets and priests from Moses downwards. And when he

offered Torah to the people, they knew what he was referring to. Nor did

the novelty consist in the fact that Ezra made known to them a larger

body of Torah than they had previously been acquainted with. It does not

greatly matter, for the present purpose, whether the book which Ezra

read to the people was the Priestly Code, or the whole Pentateuch

substantially, though not finally, complete. For even if the earlier

documents had not been as yet welded into one whole with the Priestly

Code, they were nevertheless in existence, and were already owned as

Torah of Moses.

What Ezra did was to lay a much greater emphasis upon the need of

obedience to what was contained in the book of Torah (or the books) as

being the duty of every Israelite. What was in fact the collected

accretions of centuries, was regarded by Ezra, and by all Israel, as

Torah from God communicated by Moses, and therefore entitled to

precedence over any Torah imparted to anyone else. The book, or books,

in which it was recorded contained all that God had chosen to reveal for

the instruction of His people. The five books of Moses were the written

form of the Torah. They were not the Torah itself. It is only for

convenience that the Pentateuch is often called the Torah. The two are

not identical. The Pentateuch differs from the Torah as the vessel

differs from its contents, even though there be but one unique vessel in

which those contents are preserved. Ezra, then, offered for the

acceptance of Israel, in the book that he read to them, what he believed

to be the full revelation which God had made. But he went beyond those

who had preceded him, beyond even those who had carried through the

reform of which the book of Deuteronomy is the manifesto, by reason of

the stress which he laid upon personal and individual acceptance of it.

Deuteronomy, no doubt, contained over and over again the demand, "Thou

shalt observe to do" according to all these commandments, and it

enforced the demand by the appalling catalogue of curses upon the

disobedient which may be read in the 28th chapter. But Deuteronomy was

written before the Exile, and Ezra lived after it. The priests had given

Torah, and the prophets had proclaimed God's revelation of His nature

and of man's relation to Him and consequent duty. They had been

pre-eminently preachers of righteousness. But yet, in spite of the zeal

of the prophets and the teaching of the priests, the bitter lesson of

the Exile had proved that Israel had not served his God as he ought to

have done. It was Ezra's function to apply the lesson of the Exile and

to direct the religious life of Israel into such lines that no similar

disaster should again be experienced; or rather, that no such sin should

again be committed as had led to that disaster. Ezekiel, indeed, had

been the first to perceive the necessity of a change in the direction of

Israel's life; but he had lived at a time too early for a real beginning

to be made. Yet it can hardly be doubted that the seed, which Ezekiel

sowed among the captives in Babylonia, bore fruit in the ideas which

underlay the reformation of Ezra. When Ezra came forward with the book

of the Torah, he did so not in any sense as an opponent of the prophets,

or as making a breach between their ideas and his own. He came forward

to enforce their teaching, to apply it, and to get from it a larger

result of practical righteousness than it had produced in their time. It

was just because the prophets had so splendidly revealed God to Israel,

had proclaimed to him the full grandeur of his privilege, that Israel

must now be taught to do his part as he had never done it before. The

greater the privilege the greater the responsibility. So far from being

at variance with the ideas of the prophets, Ezra was the one to complete

them, or at least to put his people in the way of completing them. There

is a difference of method between Ezra and the prophets; there is no

difference of principle. And as the Pharisees and the later Rabbis did

but carry out the method and the principle of Ezra, they stand in the

same line with him as the legitimate successors and continuators of the

prophets.[2] It may be said with truth that of the later types of

Judaism--Hellenism, Apocalyptic, and Rabbinism--the last, and only the

last, carried on and handed down the inheritance which the prophets had

left. What Hellenism and Apocalyptic had to give went to Christianity,

so far as it survived at all.

[2] This claim is made in the Talmud, b. B.B. 12ª, where it is said

that prophecy was taken from the prophets and given to the Wise,

_i.e._ the Rabbis, and that it has not been taken from them.

The purpose of Ezra was to lay stress on the embodiment, in the

practical life of the individual Jew, of the teaching of the prophets

(including Moses) concerning God and Israel. The main point for Ezra was

that God had taught certain things--knowledge of Himself, knowledge of

His will. What had been taught must be learned and taken to heart, and,

so far as it was of the nature of precept, must be carried out in

practice. It was not enough to _know_; the Israelite was required to

_do_ and to _be_.

The practical application of this idea needed the acceptance of it on

the part of the people, and further, a definite undertaking to make

certain changes in their manner of life. And, before all, it was

necessary that they should, so far as possible, separate themselves from

the "peoples of the lands" in whose midst they found themselves, on

returning from the Exile. This is, of course, the meaning of the putting

away of the foreign wives, and the forbidding of such marriages for the

future. The general programme of the reform is set forth in Neh. x.,

which is nothing more than the logical corollary of the acceptance of

Torah. Among the points there specified, besides the prohibition of

intermarriage with foreigners, are the observance of the Sabbath, the

payment of the tax for the service of the house of God, and the duty of

bringing first-fruits and tithes. Of course these provisions do not

cover the whole duty of the Jew, and they were not intended to do so.

Their purpose was to set up the Jews as a closed corporation, distinct

from the surrounding peoples, and to provide for the maintenance of the

Jewish cultus. Within the limits thus drawn, this enclosure marked off

from the Gentile world, the Jew was to live his whole life, and the

Torah was to be his guide in doing so. The limits were drawn in order to

make it possible for the Jew to live up to the Torah. The limits

themselves are not part of the Torah; and hence it follows that a Jew

could live with complete loyalty to the Torah, and yet be but little

conscious of the limits within which he enjoyed his spiritual freedom

and privileges. Unless occasion reminded him of the fact of separation

between him and the Gentiles, he could give his whole mind to the

immediate concerns of his religious life--meditation, prayer, and the

doing of his duties towards God and man. His thought was not taken up

with a painful study of precepts, but was free to range over the whole

relation in which he stood towards God. The Torah was his guide to the

_whole_ meaning of that relation, not merely to the performance of

specified duties. And therefore, when Ezra prevailed on the Jews to

become a separate community, he was not condemning them to a life of

barren legalism, cutting them off from a free communion with God; he

was providing for them a means whereby they could enjoy that free

communion, defended against the dangers which, in the past, had been so

disastrous to the religious life of the people. It is, of course, true

that in doing so he was at the same time cutting the Jews off from free

intercourse with their fellow-men of non-Jewish race, and thereby

restricting their development as human beings. And the Jews ever since

have paid a heavy price for that separation. But in Ezra's time free

intercourse with non-Jewish peoples did not seem at all a desirable

thing, if the Jewish people were to survive. It is indeed difficult to

believe that they would have survived, if the policy of Ezra had not

been carried out. And if they had not, what would have become of the

Jewish religion? And how would the great spiritual treasure of the

prophets (to say nothing of the Torah itself) have become available for

those who, in a later age, were to depend so largely upon it? Whether

the policy of separation is to be for ever kept up, is a question which

the future must decide. But that Ezra saved the Jewish religion and the

Jewish people is hardly open to dispute.

Ezra, then, provided for the Jews an enclosure, marked off from the

Gentile world, within which to live their religious life; and he gave

them the Torah, as being the full revelation which God had made through

Moses, for their guide in the life they should thenceforth live there.

Clearly, no one would enter that enclosure, or remain within it, unless

he really and seriously meant to live on the lines of Torah. And that is

why, from the time of Ezra, the importance of Torah becomes so marked,

and insistence on it so emphatic; why, in short, from that time, the

Torah dominates the whole field of religion for those who followed the

lead of Ezra. They virtually declared that they would stand or fall by

the Torah. For them, the Torah was the medium through which religion

became real to them; as it were, the glass through which they viewed

all the dealings of God with their own race in the past, and with

mankind in general. This will be more fully seen when we come to what

the Talmud has to say about Torah. But that is only the expansion in

detail, as pious imagination dwelt upon the theme, of the idea which

Ezra planted in the mind of his people, that of the supreme importance

of Torah as the revelation which God had made, the perfect guide, the

source of all that could be known or required to be known, by him who

would "love God with all his heart, and with all his strength, and with

all his might."

The Jew who followed the lead of Ezra was, as before, a member of the

community of Israel; but he was, in a far greater degree than before,

aware of his own responsibility for the right living of his life in

relation to God, the doing and the being of what was pleasing to Him.

The Torah was given to Israel; but it was none the less addressed to

each Jew. And that, not merely in regard to particular precepts but in

regard to the religious teaching as a whole. It may be true that

nothing in the Pentateuch rises to the height of spiritual grandeur

attained by the great prophets. It may be true that their free

inspiration denoted a power and fulness of religious life greater than

could be developed by the Torah as a body of teaching, or even regarded

as a final revelation. But however sublime the religion of the great

prophets had been, the religion of the ordinary Israelite had by no

means attained to the same degree of power and fulness. If it had done

so, there would not have been the collapse of national religious life

which brought about the Exile. The effect of making the Torah the guide

of life, the seat of authority in religion, was to deepen the spiritual

life of the ordinary Jew; it gave him a stronger sense of personal

responsibility, and opened out to him regions of religious experience of

which he had seldom if ever been aware. The effect of thus exalting the

Torah was not, as it is so often said to have been, to cramp and harden

the spiritual nature of the Jew, by confining it within definite limits

and oppressing it by precise commands. I would not say that this never

happened; because it is not wise to assert a universal negative. But it

certainly was not the primary or the usual effect. The Torah made the

religion of Israel personal and individual to a far greater degree than

it had been before; and it did so by conveying to the individual Jew not

merely the legal precept but the prophetic fervour, the joy and the

inspiration of personal communion with God as well as the high privilege

of serving Him. The introduction of the Torah was not the signal for a

decline in the national religious life, but the beginning of a new and

strenuous advance; and whereas, before, the prophets had towered high

above the mass of the people, who had remained at a comparatively low

level of spiritual attainment, henceforth there is a great development

of the spiritual nature of the ordinary people, the individual Jew.

There were no more prophets, because there was no further need of any

prophets. Their work was done; and in respect of that part of their

work where they had failed, Ezra and his followers succeeded. The

prophets had declared the full meaning of the religion of Israel, its

glorious hopes, its triumphant certainties, its boundless possibilities.

The people had heard, but had too little heeded. Ezra, by means of the

Torah, and expressly and intentionally by that means, drove all this

home to the heart of the individual Jew, and so wrought it into the very

texture of his religious nature that it has remained there ever since.

It is high time to put away altogether, as one of the exploded errors of

history, the notion that Ezra, by the exaltation of the Torah to the

supreme place in Jewish religion, set that religion upon the down-grade.

I believe it to be nearer the truth to say that after Moses, and Isaiah

(or perhaps Jeremiah), Ezra is the third greatest man in the Old

Testament.

It can scarcely be too often repeated that the Torah, as Ezra understood

it, meant divine teaching upon all and everything that concerned

religion. It was not confined to commands, positive or negative, but

included everything that bore upon religion at all. This is evident on

the face of it; because the contents of the Pentateuch (which is the

written embodiment of the Torah) include much else beside precept. As a

Rabbi pointed out, long afterwards, if the Torah had been only precept,

it would have been sufficient to begin it at Exod. xii. 2, where the

first precept occurs. "And why was it written (Gen. i. 1), 'In the

beginning, God created the heavens and the earth, etc.'? To show the

power of His might" (R. Jitzḥak, in Tanḥ 4ª). The meaning of which is

that the Torah is a revelation of more than the divine will.

The view that the Torah, as recorded in the Pentateuch, is the supreme

revelation which God made to Israel, and that it covers the whole extent

of the religious life, theoretical as well as practical, is implied in

the position which it held in Judaism from the time of Ezra onwards, and

underlies all that the Talmud says about it. There is no point in the

long line from Ezra to the closing of the Talmud, at which it can be

said: "Here the conception of the Torah was narrowed into the meaning of

mere legal precept." It was at no time thus narrowed. And if, as is

often admitted, Judaism, after Ezra and before Christ, allowed of a

considerable degree of spiritual attainment on the part of those who

were under the Torah, there is no ground for denying the possibility of

such spiritual attainment on the part of Jews in or after the time of

Christ, because the conception of the Torah remained the same in

essence. What change there was, between Ezra and the Pharisees and the

later Rabbis in the Talmud, was in the opposite direction to that of

restriction of its meaning. They realised far more than Ezra did, or

could do, the fulness and richness of the Torah as a divine revelation;

and while they took a delight in glorifying it on its imperative side,

as embodying divine commands, they never dreamed of saying that the

Torah was precept and nothing more.

In his well-known book, _Die alt-synagogale Theologie_, p. 24, Weber

says: "If we have to admit that this praise of Torah (in the Talmudic

literature) is entirely in accord with similar praise of Torah in the

Psalms, we must nevertheless not forget that here (_i.e._ in the Talmud)

the Torah is praised as Law, while in Scripture the conception of Torah

is wider and includes all revelation, alike of law and of salvation."

The opposition here alleged does not exist; and the statement that it

does is the cardinal error of Weber's mischievous book. For the right

understanding of Pharisaic Judaism, the fact that Weber is the usually

accepted guide is well-nigh fatal. It will be observed, however, that

Weber admits the wider conception of the Torah in the later books of the

Old Testament, especially in the Psalms; and that is all that matters at

present. It is of importance to realise that the spiritual life of

Israel not merely ought to have done, but actually did increase and

develop under the influence of that Torah which Ezra had exalted to the

supreme place. There are two very important indications of the truth of

this statement; one is the rise of the Synagogue, and the other is the

growth and completion of the book of Psalms. It will be no digression,

but an appeal to evidence directly bearing on the subject, to speak at

this point of both these.

The origin of the Synagogue is to this extent unknown, that no precise

date can be assigned at which it was first instituted. But it did not

appear in Palestine before the time of Ezra, and it was already ancient

and immemorial in the time of the Maccabees. It is possible, and even

probable, that it arose amongst the captives in Babylonia. It is certain

that it spread through the whole Jewish community in Palestine when it

was introduced. The Synagogue, Beth-ha-keneseth, "meeting-house," was a

place where Jews assembled for religious purposes. It is reasonable to

suppose that what first led to the establishment of such places, by the

captives in Babylonia, was the fact that they were cut off for an

indefinite time from their native land, and the Temple of their God. It

was not only that they were prevented by distance from "going up to the

Temple to pray"; it was that the Temple itself was destroyed, and its

services no longer performed. There was thus no national worship of God

at all. Yet God was still there, to be worshipped. Trust in Him had not

died out from Jewish hearts when Jerusalem fell. What more simple and

natural, for all that it was in fact an unheard-of innovation, than that

here and there a company of brothers in exile should meet together, and

pray to the God of their fathers? So far as I know, there had never

been, in the world's history, any form of congregational worship till

the Synagogue appeared. Till then, worship had usually been performed in

some temple or local shrine, and consisted in the offering of some gift

or sacrifice, usually through the medium of a priest, and accompanied no

doubt by some prescribed prayer. This was done in the Temple in

Jerusalem, while the Temple yet stood. And the Synagogue did not set out

to do the same thing on a small scale, but to do something entirely

different. The time came when the Temple service was restored, and the

ancient sacrifices offered again with the fullest pomp of ritual. But

the Synagogue did not on that account suspend its operations, or show

the least sign of declining in popular favour.

The idea of the Synagogue was twofold; it was a place of worship, _i.e._

congregational worship, and it was a place of teaching, _i.e._ religious

teaching. It has kept that twofold character ever since, or at all

events kept it till long after the Talmudic period. For the Synagogue

had come to stay, and it has continued down to the present day. Of all

the institutions that man has ever devised, the one with the longest

continuous history is the Synagogue. And that it answers to a real and

permanent religious need is shown by the fact that the Christian

religion took over both the idea and the form of the Synagogue, in

organising its own meetings for worship, and has retained them ever

since; except where sacrificial ideas, derived partly from the Temple

worship and partly from pagan ritual, have interfered with and spoiled

the simplicity of the Synagogue type of service. It is highly remarkable

that the same elements which are familiar in Christian worship--hymn,

prayer, Scripture reading, and sermon--are found in the earliest

Synagogue services so far back as the records go. And the reason why

they have been retained, practically unaltered, is surely this, that

they have been found to answer their purpose so well that no change was

felt to be needed. Whoever first devised the form of the Synagogue

service came, no doubt unconsciously, upon one of the fundamentals of

the spiritual nature of man, made one of the discoveries which determine

the future development of the race for all time. The Synagogue perhaps

grew up rather than was intentionally created; and it was accepted

because it so exactly met the needs of those who first made use of it.

During some twenty-three centuries it has served the purpose of common

worship, both in its Jewish and its Christian form; and when it is

considered how enormous has been the influence of the practice of

meeting for common worship, such as the Synagogue first provided and

made possible, then it becomes highly significant that the Synagogue

appeared in close connection with the labours of Ezra and the new

emphasis laid on the Torah. Whether, on the supposition that the

Synagogue arose on Babylonian soil, it owed its origin to the conception

of Torah as Ezra understood it, we have no means of knowing. But it is

certain that its rapid spread in Palestine took place when the idea of

Torah was already made dominant. And the Synagogue was naturally adapted

to embody that idea. As the Torah was the revelation which God had made

to Israel, the study of it and the practical application of it were

both associated with the "house of meeting." To study it was to ponder

the meaning of the revelation. And to practise it was, amongst other

things, to worship the God who had given it. The Synagogue was intended

to develop through religious fellowship the whole nature of those who

met there, spiritual and moral, and by no means only intellectual. And

even if the Torah which they studied had been nothing but precepts, yet

these included a personal devotion to the service of God which was

practically unthinkable without worship of Him. It was as natural that

those who met in the Synagogue should join in prayer together, as that

they should read or hear the book of the Torah, and should edify one

another by expounding its contents. That is what they did; and the

Synagogue did not fail to become a most important factor in deepening

and strengthening the spiritual life of the people at large.

Now if the effect of the exaltation of Torah, due to Ezra, had been, as

it is usually said to have been, gradually to harden and cramp the

spiritual freedom of the Jewish mind, then either the Synagogue would

have ceased to minister in any way to spiritual needs, or else it would

have represented a protest against the deadening influence of Torah. But

in actual fact there has never been, at all events till quite recent

years, any such opposition between the Synagogue and the religion of

Torah. On the contrary, it was precisely the religion of Torah which the

Synagogue, through all these centuries, has existed to promote; and it

was the Synagogue, so inspired, which served as the type and model of

Christian worship. The Synagogue is one of the first-fruits of that

Judaism which, under the lead of Ezra, took its stand upon the Torah.

Further evidence in the same direction, namely, that the tendency of the

religion of Torah was not towards spiritual decline, is afforded by the

book of Psalms. That evidence would be more cogent than it is, if it

were possible to fix with certainty the date of every Psalm. That

cannot be done; but the fact remains that the collection of the Psalms,

and the use of that collection as a lyrical expression of devotion,

belong to the time after, and not before, the age of Ezra. It is often

said that the book of Psalms is the hymn-book of the second Temple; and

I do not challenge the general correctness of that statement. But some,

at all events, of the Psalms seem to be less adapted to the Temple

service than to that of the Synagogue. I mean that those utterances of

intensely personal devotion which make the Psalms so wonderful a

treasure of spiritual experience, are much more in keeping with the

simple worship of the Synagogue than with the stately and official

celebrations of the Temple. It might indeed be said that some of the

Psalms are too personal even for the congregational worship of the

Synagogue, if we did not know, from common usage, that hymns of that

character are constantly sung in Christian worship. There is hardly any

one of the Psalms which could not have been quite well sung in the

Synagogue; while there are many which have no obvious fitness for the

service of the Temple. But, in any case, it was not until after Ezra had

made Torah the dominant factor in Judaism that the book of Psalms was

collected and arranged, and in part composed, as we have it now. It

contains hymns of an older date, in some cases perhaps a much older

date. And it is possible that some smaller collections had been made in

times before Ezra. But there are several Psalms which quite clearly owe

their origin to the idea of Torah as the supreme revelation, besides

others which bear witness to the influence of that idea; while the

collection of the whole is best explained as due to the need, first

brought to the Jewish consciousness by the Synagogue, of some means of

giving united expression to the thoughts and feelings of a worshipping

multitude. Of course it is not here implied that the collection or

production of the book of Psalms took place immediately after the time

of Ezra. The collection may have only been completed as late as the

first century B.C. But the point is that the whole was collected, and

much of it composed, under the influence of the religious ideas

associated with Ezra and the Torah. And it should be observed that the

later be the date assigned to the composition of some of the Psalms, and

the final collection of the whole of them, the stronger is the evidence

that the religion of Torah was not the unspiritual formalism that it is

often supposed to have been.

I shall have more to say about the Psalms, as evidence for the meaning

of the religion of Torah, in the last chapter, in which I shall deal

with Pharisaism as a spiritual religion. For the present enough,

perhaps, has been said to show that the Judaism to which Ezra gave its

distinguishing character by raising the Torah to its supreme place

there, was thereby enriched and not impoverished on its spiritual side;

it did not sink but rise, it became not more shallow and poor, but more

full and deep, with greater power than it ever had before as a

determining factor in individual life.

It may be objected, at this point, "All this may be very true, in regard

to the religion of Ezra, as conditioned by Torah; but does it hold good

in regard to the religion of the Pharisees, of whom, in this chapter,

nothing has as yet been said? Ezra may have been such as has been

described; but it is the Pharisees who are commonly said to have been

mere legalists in their ethics, and formalists in their worship." I am

quite ready to meet that challenge; and it was for the purpose of

preparing to meet it that I have been so careful to make clear the

conception of Torah implied in the work of Ezra, and its effect upon the

religion of those who followed his lead.

As has been said already, there was no divergence in principle between

Ezra and the Pharisees. Both accepted with entire assent the conception

of the Torah as the supreme revelation made by God to Israel; and they

owned in like manner, with entire assent, the duty of conforming in

thought, word, and deed to the divine teaching therein contained. In

what, then, did the Pharisees differ from Ezra? In what directions was

development possible from the idea of Torah as he conceived it? And in

particular, what line of development was still open to the Pharisees

when they first became a distinct element in the Jewish national life?

In the time between Ezra and the Maccabees that provision had been made

of the Synagogue worship, to which reference has already been made; and

within the lines of a liturgy whose simple beginnings are ascribed to

the Men of the Great Synagogue, and which was further enlarged by the

piety of later generations, that piety continued to find expression in

public worship. Private prayer never confined itself to stated forms;

and private prayer was always an essential element in the religion of

Torah. It must never be forgotten, that in all the developments of

Pharisaism and Rabbinism on the lines of theology and the practical

conduct of life, the spiritual and devotional side is always involved.

The men who built up the huge fabric of Talmudic casuistry were men who

prayed to their Father in Heaven (calling Him by that name), and who, in

simplicity of heart, "worshipped him in spirit and in truth." If this is

challenged, (though it would not be challenged by anyone who really

knows the Rabbis), then I ask, were the great men who built up the

equally huge fabric of Christian doctrinal theology men in whom the

spiritual nature was atrophied? Let Augustine answer for his brethren

among the Christians; and if his answer be allowed, (and no one who has

read the _Confessions_ will dispute it), then let it be allowed that R.

Akiba, a double-dyed Pharisee if there ever was one, and a master of

Halachah, may also have known "the deep things of God," and "walked in

the light of His countenance."

The development of the religion of Torah from Ezra to the Pharisees, and

on to the Talmud, took place along two main lines, it being understood

that through all the spiritual and devotional side was ministered to.

The two lines of development are indicated by two words, of which I have

just mentioned one--Hălāchah and Hăggādah. To grasp the significance of

these terms is essential for the right understanding of Pharisaism. I

will not give a definition of them, just at this point, but will rather

describe the two methods by which the Torah was interpreted, and for

which these two names were chosen.

The Torah, as recorded in the Pentateuch, was set up by Ezra as the

supreme revelation made by God to Israel. It was Teaching intended to be

learned. Now one of the first things that must be learned by any man who

would serve God is _How_ he shall serve Him. What shall he refrain from

doing? How shall he know, if he is in doubt, whether he ought to do

_this_ or _that_? And again, many things are done as being customary;

there are usages, observances, ceremonial acts of which the origin is

not known. Are these to be approved or condemned, when tried by the

standard of the right service of God?

On the lines laid down by Ezra, and followed by the Pharisees and the

Rabbis, the answer to questions such as these was to be sought in the

Torah. Answers to some of them were found at once. In many passages, the

words were explicit: "Thou shalt do _so_," or "Thou shalt not do _so_."

In other passages, minute directions were given for the performance of

certain acts. But cases would arise which were not expressly dealt with

in the written Torah; and in such cases it became the duty of those who

had most deeply studied it, to give a decision according to what they

believed to be the intention of the Torah. They would infer from what it

enjoined in a given set of circumstances, what it would enjoin in a

somewhat different set of circumstances. This is what the early Sopherim

did, and probably Ezra himself. And these decisions were on the one hand

interpretations of the Torah, and on the other hand rules of conduct,

to be applied as occasion might require. On both accounts they were

carefully handed down, for the guidance and instruction of posterity.

This is the Tradition of the Elders, and it extends from Ezra to the

closing of the Talmud.

Now let us examine that tradition at some suitable point, say the

beginning of our era, when Pharisaism was fully established. The

Tradition of the Elders had become by that time a considerable body of

decisions, originally given by way of interpreting the Torah so as to

apply it in particular cases. These decisions were not written down, but

preserved in memory. A Pharisee would say that all these were part of

the Torah. They were not something added on to it, of merely human as

opposed to divine authority. They were successive unfoldings of what had

been hidden in the Torah from the beginning. The particular teacher who

had given such and such an interpretation, thereby rendered explicit

what had till then been implicit in the Torah. The Torah was not merely

the written word of the Pentateuch, but the divine thought behind it.

And to interpret the Torah was not to read something fresh _into_ the

written word, but to get something fresh _out_ of it. If a Pharisee were

asked, Where is the Torah to be found? he would answer: "The written

word and the unwritten tradition together make up the Torah." And he

would further say that the unwritten was more important than the

written, because the unwritten unfolded what was concealed in the

written, and extended its application. But it was all the Torah; and

however far the process might be extended, however detailed the

interpretation might come to be, it would still all be the Torah. For

the Torah was in itself inexhaustible, being the full revelation that

God had made. And all the drawing forth and unfolding of its meaning was

but the bringing into the consciousness of men what was and had been in

the Torah from the beginning. This is the theory of Torah, as it was

certainly held by the Pharisees, and embodied in the Talmud. Whether

Ezra himself held it, there is no evidence to show, and I do not claim

that he did. But it is clear that once the Torah is made supreme, this

is one of the possible lines along which that idea could be developed.

There are no doubt other lines; but the main characteristic of the

Pharisees and of the Rabbis is that they followed this line, and no one

can say that they did not do their work thoroughly.

What it amounts to is this, that the Torah was to be made, not merely in

theory but in practice, a complete guide to life. The aim was to learn,

from what God had revealed, His will in regard to every slightest action

that a man might do. That could be learned from the Torah; and if it

could be, it ought to be. No amount of study was too great, if, by that

means, something more might be learned of how God willed that a man

should live. Every fresh interpretation of the Torah, when once accepted

as valid, was an extension of its meaning, or rather a transference of

its meaning from the region of the unknown to the region of the known.

The result of this process was a detailed statement that such and such

and such actions were to be done by anyone who would rightly serve God,

because they were what God Himself had taught in the Torah, as being His

will. This detailed rule of right conduct is what is denoted by the name

_Halachah_.[3]

[3] The meaning of the other term mentioned above, namely,

_Haggadah_, will be explained hereafter. See Chapter V.

Halachah is the most conspicuous element in Pharisaism, partly because

it was the object of its authors' most close and continuous thought, and

partly because its results were immediately visible in the actions which

it prescribed. It was the Halachah which gave rise to the common opinion

that Torah is the same as Law. It is the Halachah which has laid the

Pharisees open to so much misrepresentation and obloquy. And, if there

was one thing more than another that a Pharisee would extol as divine,

it was the Halachah; because it was to him the express direction of God

how rightly to serve Him.

Evidently the greatest care would be needed in the interpretation of the

Torah, to draw from it the right conclusion. If the result--the

Halachah--was to be accepted as the divine teaching, made explicit upon

such and such a point, it could not be left to chance or caprice to

determine the form in which it should be expressed. It was not open to

any teacher to give his own interpretation upon some point and

straightway to say, "This is the Halachah," _i.e._ this is the Torah

made explicit upon this subject. What was to be regarded as Halachah was

only determined after careful deliberation, guided by the recorded

opinion of earlier teachers, where known, and also by recognised rules

of interpretation. The end proposed in such discussion was either to

define in minuter detail some general rule of conduct derived from the

Torah, or else to connect some already existing usage with the Torah so

as to show that it had divine sanction. The masters of Halachah were not

engaged upon the construction _de novo_ of a system of ethics or a

system of law. They were engaged in adjusting to the standard of Torah

all the actions of life, so that in every one of them the divine will

might be carried out. And when it appeared that such and such was the

real meaning of Torah upon a given point, the Halachah ascertained by

valid methods, then they were not free to decide otherwise upon that

point. Which is only to say, what everyone must say, that he is not

entitled to go against the authority which he personally regards as

supreme.

The Halachah covered part of the ground which is usually occupied in a

nation's life by the civil and criminal law. And this is another reason

for the common identification of Torah with Law. Law there must be for

the regulations of social life, the performance of contracts, the

prevention of crime, and the like. The Jews needed a civil and criminal

law, as any civilised people needs it. And though in certain respects

they were subject to the Roman law, (at all events in the time of the

Pharisees and the Rabbis), yet they devised a system of their own,

because they would have their law based on the Torah. The Roman

government they obeyed from compulsion; to the Torah they gave the full

allegiance of heart and will. The Halachah accordingly is, to a large

extent, a system of civil and criminal law based upon, or derived from,

the Torah, and resting for its sanction upon the divine revelation

therein contained. And if the Halachah, in dealing with such subjects as

must be dealt with in a code of civil and criminal law, goes into minute

detail, makes subtle distinctions, draws very fine lines between what is

and what is not lawful, it only does what any adequate system of law is

bound to do. And to say that the mass of detail and minute precept of

the Halachah was, or must have been, oppressive to the ordinary Jew, is

as true, or untrue, as to say that the ordinary Englishman is oppressed

by the mass of detail and minute precept in the body of statute and

common law by which his actions as a citizen are regulated, and which he

is presumed to know. In the one case, as in the other, certain lines are

defined by a recognised authority, for the regulation of action; but for

any given person, it is seldom that he will be in a position to feel the

constraint, or expressly to seek the permission, of the greater number

of the laws under which he lives. If he is in that position, then the

Englishman under the statute and common law, equally with the Pharisee

under the Halachah, acknowledges a rule of conduct having authority over

him, and not to be disobeyed with impunity. And the main difference is

that, to the Jew, the authority of the Halachah was the authority of the

Torah, and the Torah was the revelation of God. So that, to the Jew, the

code of civil and criminal law was specifically sacred in a way that it

is not to the Englishman.

But the Halachah, as the reader will wish to remind me, came very much

more closely home to the Jew than a code of civil and criminal law could

do. It was the rule of his private and domestic life, it defined his

conduct both towards God and his fellow-man. Certainly it did. And the

Pharisee would say, "Why not? Do I not need to serve God in everything I

do, however small? And if the Torah can teach me exactly--yes, very

exactly--what is most pleasing to Him, shall I not thankfully receive

that teaching, and the more of it the better?" On this theory, it can

easily be seen that there is no real distinction of great and small,

important and trivial, in the things that are done in accordance with

Halachah, because, in each case, what was done was regarded as a doing

of God's will. In themselves, and apart from that, actions were trivial

or important, great or small, and the Pharisees knew perfectly well that

they were. But the Pharisee never regarded the mere doing of the action

as sufficient; in all and every case there must be the purpose of

serving God, the intention of pleasing Him. If he were assured that God

had directed such and such a thing to be done, in a given case, then he

would not say, "This is a trivial thing," or "This is a great thing";

but, "This is precisely what God would have me do at this moment and

under these circumstances," and he felt a joy in doing it as exactly as

he could. All this is widely different from what Christians are

accustomed to, in determining their actions; but my object is to make

clear the point of view of the Pharisees, and to show that on the lines

of their theory they were perfectly justified in those precise

definitions of conduct, even in matters which on other lines would be

considered trifling. However small might be the details upon which the

Halachah was defined, it was still Torah that enjoined the doing of the

action in this way and not in that way, though, on the face of it, there

might seem to be no reason to do it in one way rather than another. And

the authority of Halachah was the will of God. It is easy to pick out

from the Mishnah instances of minute regulation upon points of no

apparent importance--such, for instance, as the rules for dealing with

an egg laid upon the Sabbath. If a Pharisee were challenged upon that,

or any similar case, he would say: "The Torah, the divine revelation,

extends over the whole of life; and its principles, when drawn out and

applied to that particular case, yield the results stated in the

Halachah, bearing thereon. The divine will is taught me in regard to

that; and what concerns me is the doing of the divine will, and not the

smallness of the occasion in regard to which I do it."

The duties enjoined in the Halachah were called "Mitzvōth," _i.e._

commandments. And the essence of a "mitzvah" was that it was a thing

which God willed to have done. It was an occasion of service, a means

offered to man by which he could in a given instance please God.

Therefore the Pharisee delighted in being able to perform a "mitzvah";

and it never occurred to him that he was burdened by the weight or

oppressed by the number of them. "The 'Mitzvōth,'" said a famous Rabbi,

"were only given in order to purify Israel. The things commanded made no

difference to God" (Rab, in Ber. R. § 44, p. 89ª). They were so many

opportunities given, by the sheer kindness of God, for man to do his

Maker's will. Why God should be pleased to direct that such things

should be done just in that way and in no other, it was not for man to

inquire. All that he had to do was to take the opportunity, and serve

God in the manner which God enjoined. Merely to do the action, without

the conscious assent of his will and the devotion of his heart, was no

fulfilment of his duty; for what God desired was the harmony of the

human soul with Himself in willing obedience, and not that, for

instance, just 2000 cubits and no more should be the extent of a Sabbath

day's walk.

R. Joḥanan b. Zaccai, a contemporary of Jesus, was once asked what was

the reason for performing all the ritual of the sacrifices, and the

other minutiæ of the ceremonial law. He answered: "A corpse does not

defile, and waters do not cleanse. But it is a decree of the King of

kings. The Holy One, blessed be He, hath said, 'I have ordained my

statute; I have decreed my decree. Man is not entitled to transgress my

decree.' As it is written (Num. xix. 2), 'This is the decree of the

Torah'" (Pesikta 40^b). That is a far-reaching saying, and gives the

clue to the whole meaning of the Halachah, as the rule of right conduct

deduced from the Torah, and applied by the Pharisees.

It is obvious that a theory like that lends itself to abuse, because it

makes a severe demand for constant devotion on the part of the man who

lives under it. Undoubtedly it could, and in some cases it did, lead to

that mere formalism and hypocrisy which have been charged upon the

Pharisees as a class. The Pharisees themselves were perfectly well aware

of the danger, and that it was not always successfully averted. But most

distinctly, such formalism and hypocrisy were only the perversion of

Pharisaism and not inherent in it. And not only so, but for the

Pharisees as a class, on their own showing in the Talmud, the Halachah,

with its abundant "Mitzvōth," was felt to be a help and

not a hindrance to him who would walk with God, a joy and not a burden.

The Pharisees, as was explained in the previous chapter, were those in

their time who interpreted most strictly the Torah which in some degree

all Jews recognised. It was they who worked out the Halachah, as it was

they who carried out its principle into the minutest details of

practice. On their theory of Torah, it was clearly their duty to be as

precise as they were in their food and their dress, in the "tithing of

mint, anise, and cumin," the wearing of their phylacteries just _so_ and

not otherwise, in their scrupulous regard to "clean" and "unclean,"

"lawful" and "forbidden," and the like. And it was only for the sake of

being in a position to carry out more fully what they deemed to be the

will of God, in all these and many other matters, that they separated

themselves from those who were less careful, and formed themselves into

groups, societies, companionships, as they called them (Ḥabūrōth). That

separation is indicated by the name applied to them, Pherushim

(Pherūshim), or Pharishaia in the common Aramaic speech. Their own name

for themselves and each other was "Ḥaberim," "companions," as they were

"banded together for a full obedience" to what God had enjoined in the

Torah.

It is easy to make Pharisaism appear ridiculous, a mere extravagance of

punctilious formalism. But that is only possible to those who look at it

from a point of view which is not that of its devoted adherents, or who

judge it by a standard which they never recognised. Pharisaism is

entitled to be judged according to what the Pharisees themselves meant

by it, and its worth to be estimated by what they found in it, without

comparison with other and widely different conceptions of the theory or

practice of the service of God. I shall make no such comparisons, either

now or later. My whole object is to present Pharisaism as I believe it

really to have been to the Pharisees themselves, who, whatever else they

were, were in deadly earnest about it all, and gave even to that

Halachah, which more than anything else has brought scorn and ridicule

upon them, the patient labour of at least six centuries.

I believe that, if the Pharisees had had nothing more than the Halachah,

they would still have made a religion out of it. I mean, if they had

developed from the Torah, which was to them the supreme revelation, only

its Mitzvōth, they would still have been able to find in it some

satisfaction for the spiritual wants of their souls. But they had much

else, as will be shown in more detail in subsequent chapters. It was

their task, or rather their absorbing delight, to elaborate the

Halachah, to make it an ever more perfect exposition of the divine will

in regard to the conduct at least of Israel; as it was their joy, in

the obeying of those precepts, to "walk humbly with their God," as they

certainly did. But it should be borne in mind that in addition to the

Halachah, with its strenuous and salutary discipline of thought and

action; there was the whole range of meditation upon divine

things--speculation, imagination, inquiry into the mysteries of nature

and human experience, devout wonder at the ways of God and the marvels

of His world, all, by the light which He had given in His Torah. For

great as the Halachah was, and divine and holy, the Torah was greater,

for in it God had given all that He had to give. "Greater," said a

Rabbi, "is one single word of Torah, than all the 'Mitzvōth' contained

in it." And another: "All the world is not equivalent to one single word

of Torah" (j. Peah. 15^d), meaning that the beholding of the perfect

revelation of God is more than the realisation in action of a part of

it. Again, extravagance, it will be said. Yet only the extravagance of

exalting in spoken word that which is owned as supreme in thought. The

phrases may be to non-Jewish ears devoid of serious meaning; but in that

way the Pharisees chose to express what in their hearts they owned as

fully and perfectly divine, that Torah which to them was wisdom from

God, the revelation of all truth, goodness, power, and love. It was to

them the very expression of the mind and thought of God; and that is

what they meant when they said that God looked upon the Torah when He

created the world (Tanh. 2^b), or that He Himself studies the Torah

every day. It is His self-communing made known to man.

All this, which covers the whole field that is occupied in other

religions by doctrinal and speculative theology, was included in the

Torah and formed part of the religion of those who owned it as supreme.

And all this had its place in their thought along with the Halachah.

And at the heart of those same Pharisees there was the piety which

sought and found God in the worship of the Synagogue and the home,

which looked to Him with love and humble trust, and knew Him to be not

far off but very near, no mere abstract power, no hard taskmaster, but

the Heavenly Father.

These things I believe to be true of the Pharisees; not of every

individual, just as one would not say of every Christian that the full

glory of his religion was realised either _in_ him or _by_ him, but true

as the full expression of what Pharisaism meant, and true in a larger

measure as the experience of those who professed it.

Beneath all that outward guise of unfamiliar phrase and uncongenial

method, so far removed from all that to Christians seems the natural

expression of religion, there was nevertheless the communion of living

souls with the living God; and however different was the way in which

they felt called to walk, from that in which other men walk, in that way

they steadfastly continued; and, knowing in their hearts that God was

with them, they "trusted in Him and were not ashamed."

Pharisaism, Its Aim and Its Method · 第 2 / 8 章