CHAPTER III.
_JEWISH SUPERSt.i.tIONS._
THE TALMUD.
The Talmud, (from the Hebrew _lamad_, to learn,) is the name given to the great code of the Jewish civil and canonical law. It is divided, like the Zendavesta, into two parts, the Mishna and the Gemara; the former being, as it were, the text, and the latter the commentary and supplement. Of late years public attention has been exceptionally drawn to it by the writings of the late Emanuel Deutsch, and it has obtained, as we think, a wholly undeserved amount of panegyric.
Deutsch, an enthusiast in his attachment to the land and religion of his forefathers, put it forward as a wondrous treasure, the real value of which had been wholly overlooked. It contained, he seemed to say, a complete _corpus juris_; and, as an encyclopaedia of law, should be compared with the corresponding collections of Roman or of English law, with the Pandects of Justinian and the Commentaries of Blackstone. Herein lies the excuse for rules that have been considered unduly subtle, or in other ways offensive to modern taste. But it contains something more than a body of law; it is also a collection of Jewish poetry and legend, of Jewish science, and Jewish metaphysical speculation. The Mishna is a development of the laws contained in the Pentateuch. The members of the Sanhedrim, who were chiefly concerned in the formation of this law, were obliged (so argues Deutsch) to be accomplished men. It was necessary that they should possess some knowledge of physical science, or at least of zoology, botany, and geography in their then condition. It was necessary also that they should be good linguists, having some acquaintance with Latin and Greek, as well as with Aramaic, Syriac, and Hebrew. Disreputable men were kept out, and all were compelled to be married men and fathers of families. "The origin of the Talmud," he says, "is coeval with the return from the Babylonish captivity." And though it is the glory of Christianity to have carried into the heart of humanity at large the golden germs of thought previously hidden in the schools of the learned, yet numerous precepts, supposed to be purely Christian, lie enshrined in the pages of the Talmud. It would be difficult to find a penal legislation more distinctly humane. As for its myths, its allegories, its apparent absurdities, they should be read in the spirit in which Christians read Bunyan"s "Pilgrim"s Progress." The Talmud insists upon the pre-existence of the soul, on the dogmas of Immortality and the Resurrection, it denies the doctrine of everlasting d.a.m.nation; it excludes no human being from the world to come. And as the Talmud, continues Deutsch, although redacted at a later period, is, in point of time, prior to the New Testament, the beautiful maxims of the former cannot have been borrowed from the latter.
In a word, it is a collection which took nearly a thousand years to form, and has been commented upon for a thousand years since. It breathes charity to all men. If we except a few items of coa.r.s.eness, such as must occur in every legal code, it is all good; at least, it is never bad; it deserves all possible respect and even reverence. Such, in a condensed form, is the account of the Talmud which Deutsch asks us to accept.
But it cannot be admitted that the defects of the Talmud are trivial, any more than that the spirit of the Rabbins towards Christianity was tolerant. Nor can it be admitted that the Talmud owes nothing to the Christian Scriptures.
On the first point hear what Professor Hurwitz says:--"The Talmud contains many things which every enlightened, nay, every pious Jew, must sincerely wish had never appeared there, or should at least long ago have been expunged from its pages. Some of these Agadatha are objectionable _per se_; others, indeed, are susceptible of explanations, but without them are calculated to produce false and erroneous impressions." So much may be said, we think, of the legends in the Talmud; such as the size of Leviathan and the way in which he is to be killed and cooked for the chosen people, and the marriage of Adam with Lilith before the creation of Eve, with the diabolic progeny which sprang from them.
Another point to be considered is the influence of the Alexandrian books, commonly known by us as the Apocrypha. Of these the Books of Wisdom and Ecclesiasticus at any rate exhibit the reflections of singularly devout and thoughtful minds, which had exercised themselves in the contemplation of the writings of Moses and the prophets in combination with no inconsiderable tincture of Greek philosophy. It would be a question of great interest to see how far ideas suggested in those very remarkable compositions have found their way into the Talmud.
As regards the sentiments of the Rabbins towards Christianity: in the reign of Domitian, (that is, about A.D. 90,) the Sanhedrim took measures against the Minim, that is to say, the degenerated; for so they called the Jews who had been converted to Christianity. The Rabbi Tarphon said:--"The Gospels and all the books of the Minim deserve to be burnt, for Paganism is less dangerous: the Pagans misunderstand the truths of Judaism from ignorance, the Minim deny them with full knowledge of the case. Better to seek an asylum in a Pagan temple than in the synagogues of the Minim." The Sanhedrim of Jamnia and other similar bodies adopted the like tone. And it was men like these who helped to form the Talmud.
Not the less it remains true, that every powerful movement which has occurred in the world"s history has shown a part of its power in the way it has influenced opponents. The Reformation, as the Ultramontane De Maistre is compelled to admit, wrought a very perceptible change even among Roman Catholics. The French Revolution of 1793 did not leave Legitimists in the position they had occupied before its outbreak. Now Christianity is the greatest movement the world has ever seen. Dean Merivale in his excellent "History of the Romans under the Empire," states with no less eloquence than truth the immense indirect influence which it had begun to exercise on heathen thought by the end even of the first century. We can trace it in Pagan literature. But Deutsch and similar Talmudophilists would have us believe that it had no influence whatever upon the Talmud, and that whenever we find kindred thoughts in the teaching of Christianity, and in the teaching of their favourite work, it is the Gospel which is indebted to the Talmud and not the Talmud to the Gospel.
But for our part we wholly dissent from this extraordinary theory, which, indeed, cannot be supported by any chronological evidence. There are occasions, of course, in which dates become of comparatively trifling importance. A man feels troubled, for example, with the enigmas of life, and finds light and consolation in reading the book of Job; that most beautiful book--_quel bellissimo libro_, as the Italian poet Giusti called it. Some friend, finding him thus engaged, begins to argue in favour of Bishop Warburton"s view, that it is a composition of comparatively late date, perhaps of the age of Jeremiah, and not (as used to be generally supposed) as early as the time of Moses. In such a case a man may well reply, that without any wish to discourage critical inquiry in its proper place, he is content for the present to go on reading for his soul"s health, to accept the words before him as a message from above, and to feel sure that whenever G.o.d gave it, it was given at the time when it was most needed. But in the case of the Talmud dates are of real and living importance, though we own that it is difficult to fix them with accuracy.
We believe, however, with one of Deutsch"s critics, that Christian elements _have_ found their way into the Talmud, though doubtless, pre-Christian ideas, similar to those which are met with in the Books of Wisdom and Ecclesiasticus, are also to be found there. Is it not true that the Mishna was brought into its present form by Rabbi Jehudah, surnamed the Holy, about A.D. 200, and that the Gemara was not completed until A.D.
500? Deutsch, indeed, appeals to the article in the "Novellae Const.i.tutiones" (or _Novels_, as they are commonly called) of Justinian against the Talmud. The reference is correct enough, but the _Novels_ belong to the later parts of Justinian"s reign, and were not promulgated before the year 534.
It is well known that at the present time there are three parties among the Jews who differ widely as to the amount of respect which ought to be paid to the legislation contained within the pages of the Talmud. Two out of these parties would greatly modify it, or actually sweep it away. We believe that its influence upon practice is not destined to endure; and that though there _is_ a book which will continue so to influence life, that book is not the Talmud, but the Bible. The Talmud has its curiosities and even beauties, as well as its gross absurdities and defects; but, after all, it will be found, we believe, that it often reflects but too truly the mind of those of whom it was said, "Ye have made the commandment of G.o.d of none effect by your traditions."
With these preliminary observations, we pa.s.s on to a more particular description of the Talmud.
There are two Talmuds, the one called the Talmud of the Occidentals, or the "Jerusalem" Talmud, and the other the "Babylonian" Talmud. The former of these originally included the whole of the first five _Sedarim_ (or portions,) but now consists of only thirty-nine treatises. Its final redaction is supposed to have taken place towards the close of the fourth Christian century, but the authorities engaged in the work cannot now be determined. But it is certainly distinguished by more accuracy of expression and precision of statement than the second or Babylonian, or "our" Talmud, which makes use of its predecessor, and was not completed for a century later. Its editor is generally considered to be Rabbi Ashi, president of the Academy of Syro in Babylon (A.D. 365-427.) Both the Mishna, though revised in A.D. 219, and the "Palestine" Gemara, had become greatly corrupted through the interpolation of gross traditions and the critical judgments of different schools, when Rabbi Ashi, with the a.s.sistance of his friend and disciple, Abina, undertook the labour of sifting the old from the new, and introducing order into chaos.
Ashi was appointed to the headship of the school of Sora at the age of twenty-three, and under his rule Sora became the head-quarters of Rabbinism in the East. When he entered on the redaction of the Mishna and Gemara, he began by a.s.sembling yearly at the great feasts the most learned Hebrews, and examining them with respect to their traditional practices and expositions. He then called together his disciples every spring, and gave out to them a particular treatise of the Mishna; in the autumn they again came before him with all the information relative to it they had collected in the interval. This he personally investigated, and reduced into shape. The Mishna being composed of sixty-three treatises, he was thus engaged for upwards of thirty years. The final revision occupied him twenty-two years. At the time of his death (in his seventy-fifth year) the work was all but completed; the last touches were given by his friend, Rabbi Abina.
The Mosaic is the written law of the Jews; the Mishna, the oral. The latter is the very basis of Judaism, is its civil, religious, and juridico-political code,--an explanation and amplification of the Mosaic.
It was developed out of the authoritative decisions of the schools and of certain distinct and well-authenticated traditions which were traced back to Sinai itself. Thus there were two chief sections, or parts: _Halacoth_, the rabbinical decisions, and _Haggadah_, the traditional narratives and popular ill.u.s.trations. Of the great bulk of the former the reputed author is Hillel, the head of the Sanhedrim in the early part of Herod the Great"s reign, but, probably, he only collected them. Maimonides arranges them under five heads:--
_a._ Mosaic and Scriptural;
_b._ Mosaic and traditional;
_c._ Dicta and decisions generally received, but doubtful;
_d._ Decisions of the wise, given by them as "hedges of the law;" and
_e._ Counsels of prudence, which it was well to follow, though they had no legal authority.
The Haggadic narratives are generally of a light and amusing character, though occasionally a deep significance underlies them, converting them into allegories and fables and parables well worthy the attention of the student, though he may not think so highly of them as Frankel, who exclaims: "They are as vivid flashes: or as those spirits of light in Jewish myth, that flow forth in daily myriads from G.o.d"S throne, and then vanish to make way for others."
The Halacoth and Haggadoth acc.u.mulated rapidly after the Captivity, representing in due time "a body of traditional exposition of high authority, which increased rapidly, and required the life-long study of a numerous body of Sopherim, or Scribes, to digest and hand on without loss to succeeding generations." Soon it outgrew the grasp of even the strongest memory and the profoundest application, and it became evident that, unless put upon record, all that was valuable would perish, and only that be preserved which chanced to be in accordance with popular sentiment. To the digest made by Hillel, Simon ben Gamaliel added the worthiest of the later material; and his son, Jehudah the Holy, entered on a complete redaction and revision, which he published in A.D. 219. Hillel, grandfather of the Gamaliel at whose feet S. Paul sat, had arranged the traditional Halacoth under eighteen heads; Jehudah re-arranged them into six Sedarim, or sections:--
1. _Zeram_ (Seeds,) on Agriculture;
2. _Moed_ (Feast,) on the Sabbath, Festivals, and Fasts;
3. _Nashim_ (Women,) on Marriage, Divorce, &c., including the laws on Vows and the n.a.z.irship;
4. _Nizikin_ (Damages,) chiefly civil and penal law, including the ethical treatise Aboth;
5. _Kadashim_ (Sacred things,) Sacrifices, &c., a description of the Temple at Jerusalem, &c.;
6. _Tehoroth_ (Purifications,) on pure and impure persons and things.
We now see that, about A.D. 221 Jehudah the Holy created the Mishna, we have already seen that three centuries later, the same exhaustive work of redaction and revision was done for the Gemara,--the two forming what is now known as the Talmud. The two "editors" received each his peculiar t.i.tle of honour; Jehudah was styled Rabbina, Ashi Rabban.
Of the language of the Babylon Talmud it is said that it is debased with foreign and barbarous terms and grammatical solecisms to a much greater extent than the "Jerusalem Talmud." Mr. Blunt a.s.serts that "the Haggadic narratives resemble more closely the vernacular Aramaic, showing their origin in ordinary folk lore. The Halacoth are in Mishnic Hebrew, carrying evidence of higher date. The style is so exceedingly concise as to make the sense that it contains a microscopic study. The difficulties indeed of the Gemara are so great, that no one need think to master them thoroughly who has not drawn in Gemara with his mother"s milk. The study of the Talmud presumes a thorough knowledge also of the Hebrew Bible, a single word often indicating an entire pa.s.sage. The wonderful moral confusion of the Talmud, the mixed character of which may be detected in every page, is nowhere more strikingly exemplified than in the prayer put by the Gemarist into the mouth of Rabbi Nechoniah ben Hakakana, on entering the school, or Beth Midrash, and quitting it again in the evening."
The morning prayer was as follows:--
"I beseech Thee that no scandal may occur through fault of mine, and that I err not in matters of Halacah, so as to cause my colleagues to exult.
May I not call impurity pure, or purity impure; and may my colleagues not blunder in matters of Halacah, that I may have no cause to triumph over them."
The spirit of this prayer, in its meekness and modesty, is truly commendable, and presents a striking contrast to that of the evening prayer:--
"I thank Thee that Thou hast given me my portion among those who have a seat in the Beth Midrash, and that Thou hast not cast my lot among those who sit in the corner. I early rise, and they early rise; but I rise to the service of the law, they to vanity. I labour, and they also labour, but I labour and receive a recompense; they labour, but receive nothing. I hasten, and they also hasten; but I hasten in the direction of the world to come, they hasten towards the pit of destruction."
It is impossible to believe that both these prayers come from the same source; "sweet waters and bitter" do not alike flow from the fountain of Marah.
With respect to the general character of the Talmud, with all its weakness and strength, its beauty and deformity, its poetry and commonplace, its tender wisdom and glaring absurdity, we cannot do better than quote the moderate opinion of the writer already cited, as infinitely more trustworthy than the dithyrambic utterances of Deutsch and his imitators.
He says:--
"In its origin it was the result of an almost necessary development.
Starting with the axiom that the law of Moses is binding on the children of Abraham in every generation, its precepts have been applied to the changing habits and customs of the Jews in different ages and under various climates, by a literal interpretation when possible, otherwise on the _ci-pres_ principle, rarely by giving a new direction to its enactments, as instanced under the Hillel _regime_. It is this application of the Law to the needs of Jewish Society, by a process slow and gradual, that has made each successive stage of development, in Jewish opinion, more valuable than its predecessors. Thus if the Law has been likened to water, the Mishna, which gives a later direction to its precepts, is as wine; and the Gemara, declaring as it does the sense in which the Mishnic Hilkoth are to be taken, is as hippocras. It is not that the Law is less, or that the traditional decisions and expository matter are more sacred, but the latest phase of judicial interpretation is the most binding; and where the rule of action is clear and decisive, no antecedent utterance need trouble the inquirer. Yet the Talmud has always been antiquated. It has never known the sunshine of youth. It has still been the mouldering, moss-grown ruin. In its origin it presupposed vital action where there was nothing but death; Temple service with the Temple hopelessly in ruins, "not one stone upon another;" sacrificial rites that were impossible without an altar, and for which certain prayers were subst.i.tuted, carefully numbered out, and made binding on the individual in lieu of public offering.... Nothing can be more completely out of place than strict Talmudism amid the complications of modern society; it is impossible to make its precepts consist with the social and political duties of the highly educated Jew. Our LORD, Who came not to destroy the Law, but to fulfil it, has pointed out those modes of dealing with the Law in its higher and more spiritual bearings, that in the end must be accepted by Israel as his truest wisdom."
Mr. Deutsch gives the following account of the six sections of the Mishna:--
"Section I. _Seeds_: of Agrarian laws, commencing with a chapter on Prayers. In this section the various t.i.thes and donations due to the Priests, the Levites, and the poor, from the products of the lands, and further the Sabbatical year, and the prohibited mixtures in plants, animals, and garments, are treated of.
"Section II. _Feasts_: of Sabbaths, Feast and Fast days, the work prohibited, the ceremonies ordained, the sacrifices to be offered, on them. Special chapters are devoted to the Feast of the Exodus from Egypt, to the New Year"s Day, to the Day of Atonement (one of the most impressive portions of the whole book,) to the Feast of Tabernacles, and to that of Haman.
"Section III. _Women_: of betrothal, marriage, divorce, &c.; also of vows.
"Section IV. _Damages_: including a great part of the civil and criminal law. It treats of a law of trades, of buying and selling, and the ordinary monetary transactions. Further, of the greatest crime known to the law, viz., idolatry. Next of witnesses, of oaths, of legal punishments, and of the Sanhedrim itself. This section concludes with the so-called "Sentences of the Fathers," containing some of the sublimest ethical dicta known in the history of religious philosophy.
"Section V. _Sacred Things_: of sacrifices, the first-born, &c.; also of the measurements of the Temple (Middoth).