In speaking of the _History_ of Tradition, a term which suggests the

fluctuating character of a thing, its origin, development, progress, and

retrogression, we have already indicated that Weiss does not consider even

the Halachah as having come down from heaven, ready‐made, and definitely

fixed for all time. To define it more clearly, Tradition is, apart from

the few ordinances and certain usages for which there is no precedent in

the Bible, the history of interpretation of the Scriptures, which was

constantly liable to variation, not on grounds of philology, but through

the subjective notions of successive generations regarding religion and

the method and scope of its application.

Weiss’s standpoint with reference to the Pentateuch is the conservative

one, maintaining both its unity and its Mosaic authorship. Those passages

and accounts in the Bible in which the modern critic discerns traces of

different traditional sources, are for Weiss only indicative of the

various stages of interpretation through which the Pentateuch had to pass.

The earliest stage was a very crude one, as may be seen from the case of

Jephthah’s vow, for which only a misinterpretation of certain passages in

the Pentateuch (Gen. xxii. 2; Num. xxv. 4) could be made responsible. Nor

was Jephthah, who felt himself bound to carry out his vow, acquainted with

the provision for dissolving vows(143) that was sufficiently familiar to

later ages. When, on the other hand, Jeremiah declared sacrifices to be

altogether superfluous, and said that God did not command Israel, when he

brought them from the land of Egypt, concerning burnt offerings or

sacrifices (vii. 22), he was not in contradiction with Leviticus, but

interpreted the laws contained in this book as a concession to popular

custom, though not desirable on their own account. This concession,

whenever it was of a harmless nature, the prophets carried so far as to

permit altars outside the Tabernacle or Temple, though this was against

the plain sense of Deuteronomy. Elijah even bewailed their destruction (1

Kings xix. 10). He and other prophets probably interpreted the law in

question as directed against the construction and maintenance of several

chief sanctuaries, but not against sacrificing in different places on

minor occasions. This is evidently a free interpretation, or rather

application, of the Law. Occasionally the conception as to when and how a

law should be applied took a completely negative form. In this manner is

to be explained the action of Solomon in suspending the Fast of the Day of

Atonement before the festival he was going to celebrate in honour of the

consecration of the Temple (1 Kings viii. 65), the king being convinced

that on this unique occasion the latter was of more religious importance

than the former. Weiss thinks that the later custom of holding public

dances in the vineyards on the 10th of Tishri might have had its origin in

this solemn, but also joyful, festival. Ezekiel, again, though alluding

more frequently than any other prophet to the laws in the Pentateuch, is

exceedingly bold in his interpretation of them, as, for instance, when he

says that _priests_ shall not eat anything that is dead or torn (xliv.

31), which shows that he took the verses in Exod. xxii. 30, and Deut. xiv.

20, to have been meant only as a good advice to the laymen to refrain from

eating these unclean things, but not as having for them the force of a

real commandment.

Starting from this proposition, that there existed always some sort of

interpretation running side by side with the recognised Scriptures, which

from the very looseness of its connection with the letter of the Scripture

could claim to be considered a thing independent in itself, and might

therefore be regarded as the _Oral Law_, in contradistinction to the

_Written Law_, the author passes to the age of the Second Temple, the

period to which the rest of the first volume is devoted. In these pages

Weiss reviews the activity of Ezra and Nehemiah, the ordinances of the Men

of the Great Synagogue, the institutions of the Scribes, the Lives of the

so‐called Pairs,(144) the characteristics of the three sects, the

Sadducees, Pharisees, and Essenes, and the differences between the schools

of Shammai and Hillel. To each of these subjects Weiss gives his fullest

attention, and his discussions of them would form perfect monographs in

themselves. To reproduce all the interesting matter would mean to

translate the whole of this portion of his work into English. I shall only

draw attention to one or two points.

First, this liberal interpretation was active during the whole period

referred to. Otherwise no authority could have abolished the _lex

talionis_, or have permitted war on Sabbath, or made the condition that no

crime should be punished without a preceding warning (which was chiefly

owing to the aversion of the Rabbis to the infliction of capital

punishment), or have sanctioned the sacrificing of the Passover when the

14th of Nisan fell on Sabbath. Indeed Shemaiah and Abtalyon, in whose name

Hillel communicated this last law, were called the Great

Interpreters.(145)

Secondly, as to the so‐called _laws given to Moses on Sinai_.(146) Much

has been said about these. The distinction claimed for them by some

scholars, viz. that they were never contested, is not tenable, considering

that there prevailed much difference of opinion about some of them. Nor is

the theory that they were ancient religious usages, dating from time

immemorial, entirely satisfactory. For though the fact may be true in

itself, this could not have justified the Rabbis in calling them all

Sinaitic laws, especially when they were aware that not a few of them were

contested by certain of their colleagues, a thing that would have been

quite impossible if they had a genuine claim to Mosaic authority. But if

we understand Weiss rightly these laws are only to be considered as a

specimen of the whole of the Oral Law, which was believed to emanate, both

in its institutional and in its expository part, from the same authority.

The conviction was firmly held that everything wise and good, be it

ethical or ceremonial in its character, whose effect would be to

strengthen the cause of religion, was at least potentially contained in

the Torah, and that it only required an earnest religious mind to find it

there. Hence the famous adage that “everything which any student will

teach at any future time was already communicated to Moses on Mount

Sinai”; or the injunction that any acceptable truth, even if discovered by

an insignificant man in Israel, should be considered as having the

authority of a great sage or prophet, or even of Moses himself. The

principle was that the words of the Torah are “fruitful and multiply.”

It will probably be said that the laws of clean and unclean, and such

like, have proved rather too prolific; but if we read Weiss carefully, we

shall be reminded that it was by the same process of propagation that the

Rabbis developed from Deut. xxii. 8, a whole code of sanitary and police‐

laws which could even now be studied with profit; from the few scanty

civil laws in Exod. xxi., a whole _corpus juris_, which might well excite

the interest and the admiration of any lawyer; and from the words “And

thou shalt teach them diligently unto thy children,” a complete school‐

system on the one hand, and on the other the _résumé_ of a liturgy that

appears to have sufficed for the spiritual needs of more than fifty

generations of Israelites.

Before we pass to the age of the Tannaim,(147) the subject of Weiss’s

second volume, we must take account of two important events which have

greatly influenced the further development of Tradition. I refer to the

destruction of the Temple and the rise of Christianity. With the former

event Judaism ceased to be a political commonwealth, and if “the nation

was already in the times of Ezra converted into a church,”—an assertion,

by the way, which has not the least basis in fact,—it became the more so

after it had lost the last remains of its independence. But it was a

church without priests, or, since such a thing, as far as history teaches

us, has never existed, let us rather call it a Synagogue.

From this fact diverse results flowed. A Synagogue can exist not only

without priests, but also without sacrifices, for which prayer and charity

were a sufficient substitute. With the progress of time also many

agricultural laws, as well as others relating to sacerdotal purity,

gradually became obsolete, though they lingered on for some generations,

and, as a venerable reminiscence of a glorious time, entered largely into

Jewish literature. This disappearance of so many laws and the weakening of

the national element, however, required, if Judaism was to continue to

exist, the strengthening of religion from another side. The first thing

needed was the creation of a new religious centre which would not only

replace the Temple to a certain degree, but also bring about a greater

solidarity of views, such as would render impossible the ancient

differences that divided the schools of Hillel and Shammai. The creator of

this centre was R. Johanan ben Zaccai, who founded the school of Jamnia,

and invested it with the same authority and importance as the Sanhedrin

had enjoyed during Temple times. The consciousness that they were standing

before a new starting‐point in history, with a large religious inheritance

from the past, actuated them not only to collect the old traditional laws

and to take stock of their religious institutions, but also to give them

more definite shape and greater stability. As many of these traditions

were by no means undisputed, the best thing was to bring them under one or

other heading of the Scriptures. This desire gave the impulse to the

famous hermeneutic schools of R. Akiba and R. Ishmael.

The next cause that contributed to give a more determinate expression to

the Law was the rise of Christianity. This is not the place to give an

account of the views which the Rabbis entertained of Christianity. Suffice

it to say they could not see in the destruction of the Law its fulfilment.

They also thought that under certain conditions it is not only the letter

that killeth, but also the spirit, or rather that the spirit may sometimes

be clothed in a letter, which, in its turn, will slay more victims than

the letter against which the loudest denunciations have been levelled.

Spirit without letter, let theologians say what they will, is a mere

phantasm. However, the new sect made claims to the gift of prophecy,

which, as they thought, placed them above the Law. It would seem that this

was a time of special excitement. The student of the Talmud finds that

such marvels as predicting the future, reviving the dead, casting out

demons, crossing rivers dry‐shod, curing the sick by a touch or prayer,

were the order of the day, and performed by scores of Rabbis. Voices from

heaven were often heard, and strange visions were frequently beheld.

Napoleon I. is said to have forbidden the holy coat of Treves to work

miracles. The Jewish legislature, however, had no means of preventing

these supernatural workings; but when the Rabbis saw their dangerous

consequences, they insisted that miracles should have no influence on the

interpretation and development of the Law. Hence the saying with regard to

Lev. xxvii. 34, that no prophet is authorised to add a new law. And when

R. Eliezer b. Hyrkanos (about 120 A.C.) thought to prove the justice of

his case by the intervention of miracles, the majority answered that the

fact of this or that variation, effected at his bidding, in the

established order of nature, proved nothing for the soundness of his

argument. Nay, they even ignored the _Bath‐Kol_(148) (the celestial

voice), which declared itself in favour of R. Eliezer, maintaining that

the Torah having once been given to mankind, it is only the opinion of the

majority that should decide on its interpretation and application. Very

characteristic is the legend connected with this fact. When one of the

Rabbis afterwards met Elijah and asked him what they thought in heaven of

the audacity of his colleagues, the prophet answered, “God rejoiced and

said, my children have conquered me.”

Into such discredit did miracles fall at that period, whilst the opinion

of the interpreting body, or the Sanhedrin, became more powerful than

ever. These were merely dogmatical consequences. But new laws were enacted

and old ones revived, with the object of resisting Christian influences

over the Jews. To expand the Oral Law, and give it a firm basis in the

Scriptures, were considered the best means of preserving Judaism intact.

“Moses desired,” an old legend narrates, “that the Mishnah also (that is

Tradition) should be written down;” but foreseeing the time when the

nations of the world would translate the Torah into Greek, and would

assert their title to rank as the Children of God, the Lord refused to

permit tradition to be recorded otherwise than by word of mouth. The claim

of the Gentiles might then be refuted by asking them whether they were

also in possession of “the Mystery.” The Rabbis therefore concentrated

their attention upon “the Mystery,” and this contributed largely towards

making the expository methods of R. Akiba and R. Ishmael, to which I have

above referred, the main object of their study in the schools.

It would, however, be a mistake to think that the Sanhedrin now spent

their powers in “enforcing retrograde measures and creating a strange

exegesis.” I especially advise the student to read carefully that

admirable chapter (VII., of Vol. II.) in which Weiss classifies all the

Ordinances, “Fences,” Decrees, and Institutions, dating both from this and

from earlier ages, under ten headings, and also shows their underlying

principles. The main object was to preserve the Jewish religion by

strengthening the principle of Jewish nationality, and to preserve the

nationality by the aid of religion. But sometimes the Rabbis also

considered it necessary to preserve religion against itself, so to speak,

or, as they expressed it, “When there is time to work for the Lord, they

make void thy Torah.” This authorised the _Beth Din_(149) to act in

certain cases against the letter of the Torah. “The welfare of the World”

was another great consideration. By “World” they understood both the

religious and the secular world. From a regard to the former resulted such

“Fences” and Ordinances as were directed against “the transgressors,” as

well as the general injunction to “keep aloof from what is morally

unseemly, and from whatever bears any likeness thereto.” In the interests

of the latter—the welfare of the secular world—they enacted such laws as

either tended to elevate the position of women, or to promote the peace

and welfare of members of their own community, or to improve the relations

between Jews and their Gentile neighbours. They also held the great

principle that nothing is so injurious to the cause of religion as

increasing the number of sinners by needless severity. Hence the

introduction of many laws “for the benefit of penitents,” and the maxim

not to issue any decree which may prove too heavy a burden to the majority

of the community. The relaxation of certain traditional laws was also

permitted when they involved a serious loss of property, or the sacrifice

of a man’s dignity. Some old decrees were even permitted to fall into

oblivion when public opinion was too strong against them, the Rabbis

holding that it was often better for Israelites to be unconscious sinners

than wilful transgressors. The _Minhag_, or religious custom, also played

an important part, it being assumed that it must have been first

introduced by some eminent authority; but, if there was reason to believe

that the custom owed its origin to some fancy of the populace, and that it

had a pernicious effect on the multitude, no compunction was felt in

abolishing it.

Very important it is to note that the Oral Law had not at this period

assumed a character of such rigidity that all its ordinances, etc., had to

be looked upon as irremovable for all times. With those who think

otherwise, a favourite quotation is the administratory measure laid dawn

in Tractate _Evidences_,(150) I. 5, where we read that no _Beth Din_ has

the right of annulling the dicta of another _Beth Din_, unless it is

stronger in numbers (having a larger majority) and greater in wisdom than

its fellow tribunal. Confess with becoming modesty that the world is

always going downhill, decreasing both in numbers and in wisdom, and the

result follows that any decision by the earlier Rabbis is fixed law for

all eternity. Weiss refutes such an idea not only as inconsistent with the

nature of Tradition, but also as contradictory to the facts. He proves by

numerous instances that the Rabbis did abolish ordinances and decrees

introduced by preceding authorities, and that the whole conception is

based on a misunderstanding. For the rule in question, as Weiss clearly

points out, originally only meant that a _Beth Din_ has no right to undo

the decrees of another _contemporary Beth Din_, unless it was justified in

doing so by the weight of its greater authority. This was necessary if a

central authority was to exist at all. Weiss is indeed of opinion that the

whole passage is a later interpolation from the age of R. Simeon b.

Gamaliel II., when certain Rabbis tried to emancipate themselves from the

authority of the Patriarch. But it was not meant that the decision of a

_Beth Din_ should have perpetual binding power for all posterity. This was

left to the discretion of the legislature of each generation, who had to

examine whether the original cause for maintaining such decision still

existed.

The rest of this volume is for the greater part taken up with complete

monographs of the Patriarchs and the heads of the schools of that age,

whilst the concluding chapters give us the history of the literature, the

Midrash, Mechilta, Siphra, Siphré, Mishnah, etc., which contain both the

Halachic and the Agadic sayings emanating from these authorities.

With regard to these Patriarchs, I should like only to remark that Weiss

defends them against the charge made by Schorr and others, who accuse them

of having assumed too much authority on account of their noble descent,

and who describe their opponents as the true friends of the people. Weiss

is no lover of such specious phrases. The qualifications required for the

leadership of the people were a right instinct for the necessities of

their time, a fair amount of secular knowledge, and, what is of chief

importance, an unbounded love and devotion to those over whose interests

they were called to watch. These distinctions, as Weiss proves, the

descendants of Hillel possessed in the highest degree. It is true that

occasionally, as for instance in the famous controversy of R. Gamaliel II.

with R. Joshua b. Hananiah, or that of R. Simeon b. Gamaliel II. with R.

Nathan and R. Meir, they made their authority too heavily felt;(151) but

this was again another necessity of those troubled times, when only real

unity could save Israel.

However, Weiss is no partisan, and the love he lavishes on his favourite

heroes does not exhaust his resources of sympathy and appreciation for

members of the other schools. Weiss is no apologist either, and does not

make the slightest attempt towards explaining away even the defects of R.

Akiba in his somewhat arbitrary method of interpretation, which our author

thinks much inferior to the expository rules of R. Ishmael; but this does

not prevent him from admiring his excellences.

Altogether it would seem that Weiss thinks R. Akiba more happy in his

quality as a great saint than in that of a great exegete. What is most

admirable is the instinct with which Weiss understands how to emphasise

the right thing in its right place. As an indication of the literary

honesty and marvellous industry of our author, I would draw attention to

the fact that the sketch of R. Akiba and his school alone is based on more

than two thousand quotations scattered over the whole area of the Rabbinic

literature; but he points in a special note to a sentence attributed to R.

Akiba, which presents the whole man and his generation in a single stroke.

I refer to that passage in Tractate _Joys_,(152) in which R. Akiba speaks

of the four types of sufferers. He draws the comparison of a king

chastising his children; the first son maintains stubborn silence, the

second simply rebels, the third supplicates for mercy, and the fourth (the

best of sons) says: “Father, proceed with thy chastisement, as David said,

Wash me thoroughly from mine iniquity and cleanse me from my sin” (Ps. li.

4). This absolute submission to the will of God, which perceives in

suffering only an expression of His fatherly love and mercy, was the ideal

of R. Akiba.

The great literary production of this period was the Mishnah, which,

through the high authority of its compiler, R. Judah the Patriarch, his

saintliness and popularity, soon superseded all the collections of a

similar kind, and became the official text‐book of the Oral Law. But a

text requires interpretation, whilst other collections also demanded some

attention. This brings us to the two _Talmuds_, namely, the Talmud of

Jerusalem and the Talmud of Babylon, the origin and history of which form

the subject of Weiss’s third volume.

Here again the first chapters are more of a preliminary character, giving

the student some insight into the labyrinth of the Talmud. The two

chapters entitled “The instruments employed in erecting the great

Edifice,” and the “Workmanship displayed by the Builders,” give evidence

of almost unrivalled familiarity with the Rabbinical literature, and of

critical powers of the rarest kind. Now these instruments were by no means

new, for, as Weiss shows, the Amoraim employed in interpreting the Mishnah

the same explanatory rules that are known to us from the School of R.

Ishmael as “the Thirteen Rules by which the Torah is explained,” though

they appear in the Talmud under other names, and are in reality only a

species of Midrash. Besides this there comes another element into play. It

was the exaggerated awe of all earlier authorities that endeavoured to

reconcile the most contradictory statements by means of a subtle dialectic

for which the schools in Babylon were especially famous. There were

certainly many opponents of this system, and from the monographs which

Weiss gives on the various heads of the western and eastern schools we see

that not all followed this method, and some among them even condemned it

in the strongest words. However, it cannot be denied that there is a

strong scholastic feature in the Talmud, which is very far from what we

should look for in a trustworthy exegesis. Thus we must not always expect

to find in the Talmud the true meaning of the sayings of their

predecessors, and it is certain that a more scientific method in many

cases has led to results the very opposite of those at which the later

Rabbis have arrived. This fact was already recognised in the sixteenth

century, though only in part, by R. Yom‐Tob Heller and others. Only he

insisted that in this matter a line must be drawn between theory and

practice. But Weiss gives irrefragable proofs that even this line was

often overstepped by the greatest authorities, though they remained always

within the limits of Tradition. Indeed, as Weiss points out, not every

saying to be found in the Talmud is to be looked upon as representing

Tradition; for there is much in it which only gives the individual opinion

or is merely an interpolation of later hands; nor does the Talmud contain

the _whole_ of Tradition, this latter proceeding and advancing with the

time, and corresponding to its conditions and notions. As we read Weiss,

the conviction is borne in upon us that there was a Talmud before, and

another after _The Talmud_.

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