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Digitized by the Internet Archive


in

2010 with funding from


University of Toronto

http://www.archive.org/details/jewishquarterlyr13drop

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THE

JEWISH QUARTERLY REVIEW


N E
\Y

S E

l<

E S

EDITED BY

CYRUS ADLER

V<

'I

''ME XIII
1923

1022

g^b
PHILADELPHIA

THE DROPSIE COLLEGE EOR HEBREW AND COGNATE LEARNING


LONDON: MACMILLAN & COMPANY, LTD

Printed at

THE CONAT

PRESS,

Philadelphia, Penna., U.S.A.

DS
101

CONTENTS
PAGE
\i

bright,
of

W. F.:The Hebrew Nippa'el

in

the Lighl

Comparative Philology
J.:

503
.

BRAWER, A.
Brody, H.
:

A Posthumous Change of Name

99
53

A
:

Manuscript Miscellany

....
and Atone.

Buchler, A. Ben ment

Sira's Conception of Sin

303, 461
!()(>

COHEN,

S. Solis:

Sanitation in Palestine (Reviews)

Davidowitz, Harry S.: Recent Books on Palestine and Zionism (Reviews)


Davidson, Israel :Gollancz's Edition of Joseph Kimhi
's

225

Shekel Ha-Kodesh (Review)

....
in

507

Distenfeld, H.:

Was There a Form

Nippa"el

Early

Hebrew?
Fixkelstein, Louis: Modern Theology (Reviews)

.337
.

239
521

Grossman, Jacob

B.

Educational Literature(Reviews)
of

Halper, B.: Descriptive Catalogue ments in Philadelphia


Hirschfei.d, Hartwig:

Genizah Frag-

An Unknown Grammatical Work by Abnl-Faraj Harun


. .

Husik, Isaac: Scholastic Philosophy (Review)

109

Kaminka, Armand: The Origin


end
in

of the

Ashmedai Leg.
. .

the Babylonian

Talmud
in

.221
the

LEVEEN,

J.:

Note on Some Names

MS.

in

British

Museum

.101
117

Levinthal, Israel Herbert: The Jewish Law of Agency

\lter.

Henry

Tin-

raonic

'ommentary

to

Teharot
102

(Review)

iv

CONTENTS
PAGE
Strack's Introduction to the Tal-

Marx, Alexander:
Marx, Alexander:

mud and Midrash

(Review)

352

Illustrated

Haggadahs (Review)

513

Mishcon, A.: The Derivation

of

"Daven-en"

219

Neuman, Abraham
(Review)

A.:

Krauss'

Wiener Geserah
113

Poznanski, Samuel:

Fihrist of

Saadya's Works
for

369

Schneiderman, Harry: The Jewish Year Book


Switzerland (Review)

366
of

Sulzberger, Mayer: The Status


cient Israel

Labor

in

An245, 397
in

Vishnitzer, M.: Dubnow's History of the Jews Russia and Poland (Review)

343
193

Vishnitzer, Rachel: Illuminated Haggadahs

AN UNKNOWN GRAMMATICAL WORK BY ABUL-FARAJ HARUN


By Hartwig Hirschfeld,
Jews' College,

London

When
18 cm.

examining a number of Genizah fragments belong-

ing to the British

Museum

came

across

two paper

leaves,

They are written characters. The first page in Arabic and in Hebrew square bears nothing but the title rh^K ^"WSSH ,JJ Tipy^ 3W13 TO n^N ys: mtonyVN "Pearl-Strings on the grammatical. inmay God make it useful." flections of the Hebrew language No work of this title has been known before, and as the
X
14.5 cm. with 21 lines to the page.

name

of the

author

is

absent

it

must be

left

to conjecture.

In his opening remarks the author refers to another gram-

matical work of his to which he gave the

title

rh^N

'S

'BBS

"The Adequate [book] on the [Hebrew] language." A copy of a treatise so named exists in Petrograd, but no details of
1

this

work are

at hand,

and at present not

easily to be obis

tained.

The author
in

of the last-named

work

Abul-Faraj
lived
in

Harun, a prominent Karaite grammarian who


Jerusalem

the earlier part of the eleventh century.

We

possess a large

work
the

of his
title

both grammatical and lexico^"KN^N


,!

graphical

under
'B

7y

hnnvnbx

3KTD^k

n'JNTOy'w mhbt*

^ixs^ni

roots and sections of the

"The Comprehensive work on the Hebrew language." Considerable


in the

portions of this

work have been reproduced

Arabic

original as well as in
1

French translation by the

late Prot

See Steinschneider, Die Arabische Lileratur Jer Juden, p. 88.


1

THE JEWISH QUARTERLY REVIEW

Bacher. 2

The author

states in the beginning of our fragment

that he produced a

compendium

to the
1

"Adequate" work
the "Abridged"

above mentioned under the


[work],

title issroo

?**

and he

also says that he wrote yet another


of

and
is

still

more condensed compendium


If

which our fragment

apart.

we compare

all

these statements with that on the Kafi,


all

which, he says, comprehends nearly

the sections of the

Mushtamil, we come to the conclusion that these two works


are identical, as both titles approximately express the
idea.

same

Further support for the identity of the author of the

fragment with that of the Mushtamil


the use of

may

be gained from
vi?.

two grammatical terms common to both,


rem.
2)

lnx

(Bacher,

p. 236,

and

1T1D.

The author

states that

he produced the

last abstract at the request of


in

a pupil

who

wished to possess a vade mecum


tical facts

which the bare gramma-

were strung together.

Hence the

title

Strings of

Pearls which describes the character of the

work very neatly.


later ones.

Our fragment
few

gives the

first leaf

and one of the

This, however, creates a problem of


last

some obscurity.
in

The

lines of the

Arabic text which

the appended repro-

duction closely follow the original are


tory condition.

in

a very unsatisfacis

The

third line

from the end

disfigured

by

a hole in the paper with two half obliterated letters on


cither side of
i

it.

his

is

not certain.

The missing word was possibly mn, but The last line only shows the word Nn ?D~P
1

the subject of which

is

missing.

Finally there

is

the

word

n^aip written at the bottom of the page which apparently

form- no part of the


(

treatise,

but <tates that this had been

ollated "

with the author's original or

some authenticated

opy This is made probable by the various corrections in Diacritical point- are missing, and Hebrew words the MS.
>

Rl J

vol.

XXX,

l>.

2'4

:rq.

UNKNOWN GRAMMATICAL WORK

HIRSCHFELD

are vocalized according to the Palestinian system.


ing of the Arabic text shows the

The

spellis

same

looseness which

common
Quite

to Jewish-Arabic writings.
in

keeping with Abul-Faraj Harun's Karaite deis

nomination
treatise.

the religious coloring of this dry grammatical


is

This

another point

in

support of the assumption


earliest
all

that Karaites were

amongst the very

promoters of

grammatical studies among Jews, since

their religious

needs depended upon the correct interpretation of Holy


Writ.

The

writer, therefore, holds that to


is
r

make

oneself

acquainted with the rules of the language

a religious duty.

We should
of

bear

in

mind that the author w as a contemporary


in

Judah Hayyuj

Cordoba, and

it is

truly interesting to

observe that the


of the

first

steps in the really scientific recognition

Hebrew language approximately synchronize in the East as well in the West. "The need," he says, "to gain an acquaintance with the Hebrew language
phenomena
of the

brings with

it

the obligation of knowing the words of the

Lawgiver

in

their true interpretation.

No

one can arrive

at this whilst
is

being ignorant of the language because he

liable to err

and interpret

falsely."

This the author demon-

strates
is

by

several examples. First,

Dnxn
if

"?3N

(Gen. 50. 11)

not the "mourning of Egypt," for


in

this

were so the word

should be ??8 as

the preceding passage, and the meaning


of

would be the "mourner


etc.

Egypt," being a form


rpntsn (Isaiah 9.4) is

like 3Stf 3

Second, D'Dia n^ur)

wrongly transwere so we

lated "a

garment bespattered with blood."


1.

If this

should expect n^STO, like bwao orh (Mai.


rect translation
is

7),

whilst thecor26. 27); third,

"rolled", as

ps

bhn (Prov.

~OTr>3
because

(2

Sam.

3. 4)

does not

mean "without anything,"


ends.

but

here the

first leaf

The second

leaf deals

with the classification of words

THE JEWISH QUARTERLY REVIEW


1.

which appear either as prepositions or nouns, as 7>y (Levit.


11;

Hos.

11.

7),

ty (Levit.
7.

23.

16;

Gen. 49.

27). P>:
in Ps. 2.4.

is

proper noun
is

in

Amos

16,

but an imperfect

^
2.

past tense in Ps. 78, 431, but a participle in Zech. 12.


test of these instances
D"
1

The

is

that the addition of the terin plural, whilst

mination
1

makes them nouns

a prefixed

yields a verbal form.

The

last

page contains the beginning of a chapter on the

rules of various verbal

and nominal formations.

Unfortuit is

nately the opening word or words are missing, and

therefore impossible to reproduce the author's words with-

out guessing.
of a

He

apparently speaks about the formation


of another of similar vocalization

word on the model

but different etymology.


belong to different classes,
differ,

In
in

some groups the

first

radicals

others only the second radicals


If all

whilst the

first

ones are identical.

three radicals

in

two roots are

identical they are congruent.

Four points

demand
cals in

special attention: first


]\~\n

radicals as in

and

]irn;

the number of identical second the order of the radiin ll^O

nouns with prefixed D as


like ]12n; third

and DUO, which are


of strong consoroots.

not formed

the

number

nants which must not

differ in

two verbal

This yields

regular forms and individually bear upon the sense of hear-

ing as TDf and


letter
in in

TinB>;

fourth

there should not be a guttural


..

either word,
it.

because.

.the

letters. .. .do

not

enter

UNKNOWN GRAMMATICAL WORK


Hrit.

HlR-.<

III

ID

Mus. Or. 5565

fol. 13

ro

I'-IKXn 'B

mpy^H 3NH3

m
foi.

n?

ysj.

n'JNiay^N

hMx
n^xx
rwy: " dz?3
riJ3

13

vo
"joer

NiN^niN ru^N
PI'S

'B

'dnd^n

mxroN

-rp

nN-IN'rVN ]D

"?^n

NO KID H3D iNtt^N ? H3NUN


'sto^N main' dV no
]d

-ixrbN i 'tnd ^ndi


rrs

ipy

tdioVn -isrbo^N

m -on nsnao
'B

n^ixn ion NH3D N7DJ its

Von ^-iNxn^N
'b
1

-npy

amy

son

inotVn id

to^n
nnsin
i

3yinDn niv^n yfv

nsin

~]3
1

^j

?
1

noo -insdiinVn 'Vy


;

^Nyn n? ?
nso";i

n'tnd Ni3
"?yD

mo

or

no's yDnNi NTiio

moo i^i

lm no^ni
,1

^r p noxy^N
1

rrytn

rn^N o^y

;n nyn7N

n^s
p'Npn oby

nb>

in
1

Visi n";i 'Vyn y-ico^N riNiNoy

ow ?
,(

Nra ^hn?
ixo

inV

Pu^no

7HNJ

^oo^ni -^i
'b
0*731

o";y

]rn

onxo ^on Tosn


nr

^r
1

po
t

o^ri

7?'

nTDsm
]D

133 7?n pi
I ?! ^NDON!
1

V3.N ito

i ?i3 ]3 1V1

"|^*T31
,

3HN

32FJ

^HD ISO
'b
ob3i

]'tn

nni^o nni d di3 n'^'no n7oen

tdsd
1

"?t

7no n^NUD riMO ? -|7io


1

"I

"

l**

ll?1

Na13
7Ki:iB

p bbm
-i3t
i73,

]d
]3
1

no-io

ioimu NnTosni
n'3 -idbi
ibi

7N'oy
. .

tbo

o^ p
nmp'
"|7i
'3

i^ioi
'

ip 1N3 ? i^-is i3
1

ra

fol.

14 ro

N*7N P3' IN n ?*'

N*7

riN^Nl
IN pi

7NriBNl

y3N"l ?N1

"l'?'!

'jNnONI

pb D1N3
in

din3 rnran

tt

"?y

pi

d-insi

ddn ju"
*?y

n^x'

mnoo
3

ny i^ioi ddn

inN-ip'

^ni "?ipm

On

margin.

THE JEWISH QUARTERLY REVIEW


DDN iy 70N' "ip33 DINS
T'tan
n*?i

natSTT

pi ?3pnDo 7ysi ddn pa' donsVni


pner

"?ys
p'j

cobo
DDN

2W
TID-

ddn

pnip'

n'3

by

'i'tW

"?ysi
'fin

DnND?Nl 73pnDD
"?n

nun; 3
"?ys

n'xno N7ys "

a
1

is

vmniN

,_

ixd3 d ie>n ddn spy


*]d

'^nn

nnnym ddn
'n?N

?y-i
1

o^bm-v nN

db>

'djn nan

tdx^k

inh yD: ?

'i"?

dnoi -its oop^N Nrin


ribs'?
n"?
1

ops yo^N dnoi it nh's ]Dn


*?n
ini

'ns d'si
1 1

? ?

nh's

pn
1

kini iysbb
in

don ? ? nn7s

nibs'?

'Ni
,:

ddn n ? ?ys pan


inii

nn ?* Dps tdjs
nr nts ]Dn
1

7'3D
"jVn

?y vdxt'n
"?ipn

yoi"?N dnoi

N?ysi nddn psn in nn ?^ 7-Q7N


uej
3Bj

io a dob; 30

wop av
[ndni

fol.

14 vo

1NHN7N

t31"l

'fl

3N3
ribs'?

pan
*p-in7N 's

]n

'urs wri'3 ribs^s


'b

in

n?n Konm^i tnd

pn'iNDno
3?'

pnas^K
n"bs^

nin

'B

^sn^n
"?s

n-in^N ion in

ins

n'^scK^K ^p-in^N
1

T'inn in nr nps nrin

t'jd

n;y n ??; pb Nnsjya

T'W'

nri

new njq pb
in

nTwnb
'n
n

tj n73 ri'^xN^N inn7K pan


?3 Nn ? tj
1

ny n?i

'n

nds
'fl

-j^ris
1

i*?ri

ins

nin
3?'

in ?

N1D niJlT'N
ribs
1

TND
in

Nn ?
1
1

Nrih"?hs6o
7rio

NDJN1

?^

nin ns73
1

in ?
n:i

nh ?
b

pan ?
1

nari

no

N?no ion d ?

-inNi

Nna ruino^N
*?'p

ribs'?'?

onp

inpn^n

fl

yT
*?rio

'i^N in

npi

Nn ?
1

in pin p?n

rr^xN^N

'p-in^N
'fl

my

nh:o

inn

'fl

BT-I7N1

n'n^Ni ]"7xn prn

'N'^ni

rvn^N

3'nin Kj7KTl i?i 7NriONi i"?s;n

UNKNOWN GRAMMATICAL WORK HIRSCHFELD


?rio
nii-ini

to'mn I'nbs^N
1

'3
1

fi'^xN^H

inn^N

1"^N

ND'

NOnDTI

'3

i'ono ?^

nbx p^o DUO

frrx^N DN3n in

Kim rnJs^N
,!

's

-p^o

^rbn
i

Nnnji KiT,a yoo"? nDNn

?y NDrrnia

pa'

im

NyNTi
nb

?-!

^NhoNi -nop -ior pj


*p-in

inn^K

in ?

m'a ynn

jnn

"?

in

n"?mp

Hole

in

MS.

DESCRIPTIVE CATALOGUE OF GENIZAH FRAGMENTS IN PHILADELPHIA


By
B.

Halper, Dropsie
II

College.

TALMUD, MIDRASH, AND HALAKAH


(Texts, Translations, Commentaries, and Dictionaries).

75
Part of a codex of the Mishnah.

Bikkurim
,

3.2-4.2.
(3.2),
1,

Recto column
"iy

begins with HTI

[3E?D7l]

and ends with and ends with


2,
1,

D33'31

(3.4);

recto

column

continues column
1

N'3iT7D lyjD'J (3.7);

verso column

continues recto column

and
and

ends with "0~Q 3"n (3.10);

verso column 2 continues column

ends with O'Wlvb .m T'3

(4.2).

The Mishnah paragraphs


alphabet.

are

numbered by the

letters of

the

But the division

of the

paragraphs does not always agree


in

with that of the printed texts.

Thus while

the printed texts chapter

3 of this tractate has 12 paragraphs,


11,

our fragment
NX'T

counts them as

the two paragraphs from ro^run

till

mnntPm being regarded as

one.

There are only

slight variants, such as

DHD'y "]bin

"PETI instead of

oms ?
1

(3.3)

and 01^03 onN3 instead

of nhv^iibid.).

The orthography

practically agrees with that of the printed texts, except for the frequency
of
'

to indicate a short

/.

One parchment
twenty-four.

leaf

measuring 6f

X7J

ins.(

= 17.4X19

cm.).

Each
is

page has two columns, and the number of

lines

on each column

Square character. The edges are burned. [Friedenwald.l

76
Part of a codex of the Mishnah.

Nedarim 11.10-Nazir
11.10),
is
,

3.2.

Recto begins with

m33 nVp mjH (Nedarim


first

and ends with


(ibid. 2.1); it

DD (Nazir

1.7).

The

legible

word on verso

0[E>]

10

THE JEWISH QUARTERLY REVIEW


(ibid.

ends with [a]v nJiBWirr


3''

3.2).

At the end

of

Nedarim there

is

WlD^n

N"' Np~iS

wn, while the printed


Xazir
is
"

editions divide this chapter

into twelve paragraphs.

headed HNQtp Np~lS.


is

At the end
This

of the second chapter of N'azir there

WO^n
1
l

'2 Np~iS NJn.

fragment contains a number of variants:


'JB^'J'tW
"I1DN are
(ibid. 11.11);

omits i&H before

= ~iy (Nedarim 11.10); moiH (ibid. 11.12); TITO and


lN"ty

reversed ubid.lA): 'JN "in for

Tin

(Nazir 1.1,2); D'Jirn for

]'3tn (#/'</. 1.2); rt'iTBO for

n.TBO^

(/&/</.

2.7);

omits rrn'BO after ntntWD

(wa.)-

One parchment
IO5X5J
tion.
ins.
(

leaf,

badly damaged and obliterated, measuring


cm.). Twenty-eight fragmentary lines have

= 26.6X14.6

been preserved to a page.

Square character with superlineary vocaliza[Sulzberger.]

About one

line is torn off at the top.

77
Part of Pirke Abot.
1.6-2.3.

Recto begins with

rrms

(1.6),

and ends with *]7n


J'Tfll
is
1177

(1.13);

verso

continues recto, and ends with rnena

(2.3).

At the end
Variants:

of the chapter there


*}*?"

'pTS p^D.

(1.13); N'n lr'N (2.1);

mion

ni2OD (ibid.); nC3iyi

n-ray bv

(ibid.).
off,

A
8jX7|

piece of parchment, one side torn


ins.
(

measuring, where not torn,


fill

= 20.6X18.1

cm.). Recto has nineteen lines which

the

page, with uniform spaces between the lines;

verso has eighteen lines


[U. P.]

which cover three-fourths of page.

Square character.

78
Part of a codex of the Mishnah.

Zebahim

5.1-5.5.
(5.5);

Recto begins with |Oipo Kin nPK

(5.1),

and ends with H3H3

verso continues recto, and ends with the last word of 5.4.

In this

fragment 5.4 and 5.5 have changed places.


as well as scribal errors.

There are some variants


K'Til

Kin PIPH for inPK (5.1);

for JVtn (ibid.);


(ibid.) is re-

\n th OKI

for

...DH

(5.1,2);

VlJ?
;

for

POOO

(5.3);

H'Dm
1

peated twice through dittograph)


.\

|D ':sb for |D O'JE) ? (5.5).

narrow

papei

leaf,

measuring
while

9X3|

ins.

(=25.1X9.2 cm.).
six,

Recto has

thirt\

one

lines,

verso has only

the rest of the

page being blank


[Sulzberger.]

Square character with a tendency to cursiveness.

GENIZAH FRAGMENTS

IX

PHILADELPHIA

HALPER

11

79
The
It
is

first

part of

Mishnah Middot.

1.13,

headed
is

nHO
for ~.

rODO, and the last words are ntW'l nD'33.

The
is

orthography
~
l

inaccurate,

and the vocalization


"D'J
(1.2)
is

faulty.

Thus~

sometimes used
,

The word

erroneously vocalized

2.

There seem to be traces

of the use of distinctive accents, like

T
(

and Tof parchment,

A piece = 13X15.9
blank.

badly mutilated, measuring


lines

5|X6i

ins.

cm.).

There are seventeen

on recto, while verso

is

Square character, with vowel-points.

[Amram.]

80
Part of Mekilta Beshallah.

The
p.

first

legible

words of recto are

n*3, 1.7); this

page ends with the words

p orrtpy (Mekilta, ed. p QTib 'ON .D'aiyn

Weiss,
]2 NS3

(ibid., p. 59, 1.4). (ibid.,


a.
1.

The

first

legible

words of verso are 'DIN V7VD ny&'n


(ibid.,

5.).

The fragment ends with the words nONn HOP


offers

22).

Our manuscript

some

variants.

In most cases

it
it

agrees
follows

with Mekilta de-Rabbi Yishma'el; but in

many paragraphs

Mekilta de-Rabbi Shim'on

b.

Yohai.

It

thus forms a combination of

the two famous recensions of the Mekilta.


;

The paragraph on

nrn

2>at2>n

is

practically the
p.

same
1.

as in Mekilta de-Rabbi Shim'on b. Yohai

(ed.

Hoffmann,

78,

11 seq.).

The orthography
is

is

as a rule that of our printed texts; but there

number
and

of scribal errors.
J'N'XIO instead of
]DN.

Thus we have
yx&tt (Weiss,

instead of
1.

j'a (recto
is

last line)

p. 59,

6).
1.

DriN
2) is

some-

times spelled
to nprun
"\.

The name
are

of

npnr

'"1

(Weiss, p. 59,

corrupted

The paragraphs
Yohai.

marked by the

letters of the alphabet.

But

the divisions do not agree with those of Mekilta de-Rabbi Shim'on b.

being marked
scribed:

Our fragment begins with the end of paragraph 'n. The passage DrOND TUN iy HPD "?N "

'T,

tPOETI orn

"ION'! is

super-

nrijyri

liens.
leaf,

One parchment The top


lines are lines there

measuring
it

8|X6H

ins.

=21.2

X 17

cm.).

burned, hence

cannot be ascertained how

many

were originally on a page.

Recto has now thirty-two, and

THE JEWISH QUARTERLY REVIEW


lines.

verso thirty

One
it

of the lower corners

is

trimmed,

but as nothe

words are missing,


scribe wrote

is

obvious that

it

was

in that

shape when

on

it.

Square character.

[Friedenwald.]

81
Part of the Sifra.
Fol. la begins with fTXT n"?3 nr

nn

(Sifra

Zaw, section

8.1),

and

ends with
la,

,!

7N n^DIS mBTID

,!

? ]'H ^ID' (chapter 13.1); fol. lb.


i>bl

continues
leaves are

and ends with rtaiNH TQ'JSn


fol.

B>SJn

(13.9).

Some

missing between

lb and 2a.

The

latter begins with m3~l3n nplDDI


(ibid.,

(Shemini, chapter 3.6), and ends with rpyo '3 70371 DN


4.5);
(ibid.,
fol.

chapter

2b continues 2a, and ends with rail

msi masy

*7y3

Tnnn

section 3.4).
is

There

number

of orthographic

and

lexical variants, as well as

differences in

the arrangement of chapters and


in

paragraphs.
'3

Thus

what

is

chapter 4

the printed edition


leaves,

is

headed

p"IS.
fascicle,

Two parchment
slightly

forming the outer sheet of a


ins.
(

damaged.

Size

11^X9

= 28.6X22.8

cm.).

There are

thirty-one lines to a page.

Bold square character.

[Amram.]

82
Part of Yerushalmi

Dammai.

Recto begins with TIN


legible

mn

N3D
1.

'"I

(2.1, p. 22d,

1.

15),

and the

last

words are IDlpO HTI


(ibid.,
1.

(ibid.,

30); verso begins with N71 f~INn oy

rmyD3
torn

64),

and

last legible

words are

[]

'33

p7D

(23a,

1.

4).
is

As may be
off,

seen from the omission, the greater part of the leaf


of lines

and the number

may have

originally been about

thirty-

There seem to be some variants.

piece of parchment, faded


in'-.
(

and torn on
lines

all

sides,

measuring

= 12.7X14

cm.).

Twelve

have been preserved on

each page.

Square character.

[Amram.]

83
Pari of
Fol.
l.i
i

lie

jaron roN7oi

Nrr-13, 6
'i3i

in.

begins with eniso r^yi

minn

-iro

nN rnp? 'w nxn


(6),

DIM r'p? 13

rmm

'i

:m

no ?!? i^on
1

ne>y ]v-ibn

nhzpi

and

il>

ends

GENIZAH FRAGMENTS
1

IN

PHILADELPHIA

HAMPER
i"?n.

13

with [onm n-|y 131N] D'3Sn On ?!


with 'din rrnrv

(8); fol. 2a

continues lb, and 2b ends


[ona-i]

'D'n

.yon on ?
1

i'n

rmra

npon

There are such radical and important variants as to lead us to' the conclusion that this is an entirely different version from the one
printed by
dicate

M. Friedmann

(Vienna, 1908).

some

of the variants,

and mention may

The above quotations inalso be made here that

from

TV

bilk HD1N Ty^N '31 to end of paragraph nihin (Friedmann 's


omitted
in this

edition, p. 49; is

parchment.
is

At the end
hand.

of every chapter there

p~IS p'bo, usually in a larger

Two
damaged.

paper leaves, forming the inner sheet of a


Size

fascicle,

badly

11X7|

ins.

= 27.9X19

cm.).

There are twenty-

seven lines to a page.


mess.
[Sulzberger.]

Square character with a tendency to cursive-

84
Part of Midrash Rabbah.
Fol. la begins with

W'ayyikra 25.1-26.3.

py

JJ3
1

mm

'33 \>XK (25 A),

and lb ends with


off

onyBJi fin bn iton '3


at the top of
(ibid.); fol.
fol. 2a,

ams ?

nwirn

(25.8).

few lines are torn

where the

first legible

words are D^iya TIT1 mnstP

2b ends with b"X HN1


variants.
leaves, badly

DJ nfcO

UNI

(26.3).

Some important

Two parchment
were thirty-one

damaged and
ins.
(

faded, forming the cm.).

inner sheet of a fascicle.

Size

llX7f

= 27.9X20.1

There

lines to a page.

Square character.

[Amram.]

85
Fragment
practically
of

compendium

of

the

Palestinian

Talmud.

It

covers

the

whole of tractate

Rosh ha-Shanah and the

greater bulk of tractate Ta'anit.

The excerpts are very short and far bewteen. There is hardly any system, and there seems to be no guiding principle as to what to include and what to exclude. In this respect it is inferior to Al-Fasi
and 'En
Ya'akob.

Nevertheless this fragment


it

is

important for the text


of variants.

of the Yerushalmi, as

offers a considerable

number

full

table of contents

may
. .

not be out of place.

Fol. la begins with

ion
1.4).

.rvoii "?y
...

vn pnr

'31 -o'lOP (Yeru-

shalmi Rosh ha-Shanah

NOOn

.VT 3TI3 j'TDD bjn inNl '2 Vn

14

THE JEWISH QUARTERLY REVIEW


(ibid. 2.1).

xrbo NTI
D'tpn
.

tiki

b*nn.
'3

.pB> 'xy
(*/..

mo

(ibid. 2.2).

'IK n"
.

B>N"r
1

.vtv ]3 'yoB> '1 'an


(ibid.).

'BHipo

2.6).

'n i^n.

.r\:wn -iny

muya
(ibid.).

Fol.

lb continues this paragraph which ends

npp'1

,_
]

nj
It

jpia'D

Then
1

follows the story about the conception

and

birth of the

Amora Samuel, and

the reason
"12

why

he became a great man.


n3~l

begins
nTt'Nl

as follows 'ino ? N3N

bxiKM N3F 'NON TDETI ]OH)


d'jin:

7N1DBO
'713

iwin
'y-|N7

i'n

nnrco

rrnsi^N

mn^NBOi

.'n

soon

p^D "IOBH HUN N3ta


'~1B,, "T.

.'1DBH

HUN N3ta
is

ilPyB7 Enn'3 N71 nTI807 H7

^TO?

The

rest of the story

practically the

same

as Halakot

Gedolot, Giltin (ed. Hildesheimer, p. 337, bottom);

but our fragment

has a few more details.

At the end

of this story our fragment

remarks

VQyV N7 nraim n'nSBW y-an.


rative

Tosafot Kiddushin 73a under the headIn brackets the origin of this narit

ing 'NO gives this story in short.


is

given as Yerushalmi, but a marginal note refers

to Halakot

Gedolot.
Fol. 2a has part of this narrative.

Then the words


is

npp'"l ]'"in>
till

are repeated, and that passage of Yerushalmi


'3130

continued

'33

NH

id tan
Fol.

(ibid. 2.6).
till

26 continues this paragraph


]'

'33

pn'nbn
1H37
.

(ibid.)
.

Then
1'3D

come:

jns

D'7TOn.

.13'S17N
.

TO

(ibid. 2.9);

.y-\2ynv

ms

(ibid.
.

3.1);

pin Ta.
0'6/d 3.5);

.jrr

wn rmn
. .
1

an

(*&*.);
'17

c^oy m7B>
'pin'
'~i

ins mpo3.

.I7n

i?ip iru
is

.p7oy '
'I

(t'&t'd.
'"I

3.8); the last line of this

page

'1 'BO

? '1

.'131

niDB>

B>Tn

TNO

w'jn 13 'an

(3.9).

Fol. 3a continues this

paragraph

till

DOm
.

brbnn
.3py
"1

(ibid.).

Then
4.8);

come: 77nn.
this

.13iyn (Mishnah 4.9);


'1.
.

OS'D'D.

(Gemara

page ends with NTiyr

.'BWU ypn

(ibid. 4.9).
B"-|

Fol. 36 continues this paragraph


(i'fct'd.).

which ends with


{ibid.)
till

n'7 n'N

Then comes
This
is

pisn

31 NJin

'"1

the end of Rosh ha-

Shanah.

followed
line,
is

by tractate Ta'anit.
it

The

copyist

here

begins on another

and heads
?3E> njo
"I13X
is

by nnyno

(extracts

from Ta'anit).
'03

The
dbo

fust

paragraph

DVH

(Ta'anit 1.1).

This page ends

with 3"n

Trn TFT 73 13 3"n


the fust part

n'7BW DBO
in

'17 ]3 'win' '1

poo

"1

(ibid.; bul
I

missing

the printed texts).

"I

4a continues this paragraph which ends with


"IB1H ten

D'nVn
(ibid.).

~|7 p"!

'31.

'I

hen comes:

pi

i'?N33

'-on

'n

-pno

GENIZAH FRAGMENTS
Fol.

1\

PHILADELPHIA

HALPEK
]'TrPn

15

4h continues
{ibid.).

this

paragraph which ends with 'hx soyo rb


I'TITn

TJ7PD Slip
1.4).

Then comes:
1

1^

J'jyriD

(ifo'd.

This page ends n ? n'arPI


Fol. 5a continues this

Hon

lT33n

(ibid.).

paragraph which ends with n ,,!7^0 ns

HD

n'Jynoi (ibid., second anecdote).


(iWd. 1.6);

Then come:

y-rvo

]'N1.
.

.'myr '1

D'oa.

.sns

'-i

mn

.nrm:i

(*"&*.);

n^iuv.
which

.'3nti (**.).
is

The page ends with


printed texts.
Fol.

'1S3n 'V3 Ny:*3 *?31D

np

!?J73

not in the

5b begins '381
1

myP.
till

.]1V

'*1

nvjyn

3''

(ita*.

1.7).

Then
j'N'yiD

come:

N2T

(ifa'd.

1.9)
.

end of chapter; -)"N...mrn HK


(ibid.

n'n

l?y jn'i

nisj;

.so 13 s"n

2.1).
':s.
,1

Fol. 6a continues this paragraph,


Fol.
rv ? ]'
1

6b continues this

and ends with -ps 'ns pn*3 paragraph, and ends with t-ono yyi
and ends with -|SN
which ends with
.
.

?N1

]HDN1.

Fol. 7a continues this paragraph,

mn

''

no ?
1

"pjn.
Fol. 7b continues this paragraph,
13"1^ 'DVP -|H3f
(ifo'd.

in^sn yOPH.
P'p ? ]3 'yOE> 'I
1

Then come:
.'13

piDS

nna.

i'-ioni
2.6).

I'^'NI

2.3);

^33

'enrr njytP '0

(t'taZ.

This page ends

with this paragraph.


Fol. 8a begins with ni3T3
. .

.liap'l TI3 .'13

ns*03

'10P

ns

njytP 'D

"TD7n
.
.

(/6/'<2.

2.7,8).
'10

Then come:
(iftwf.

DniSl ...D"2:|n3V
end of chapter; ny

'1 (i'6td. 2.14);


'13

.bnv 3N3
lnr'K

'3fl

2.15)

till

HVjyn 113
'02>3

TO

TO

jrv^y ]'ynnn (W<i. 3.1).

This page ends with '31

1J?03

133.

Fol.

8b continues

this
.

paragraph which ends with TINT xvbyb.


.'TO jlO'D 'OS.
.

Then come:
UK'SO'
.'3
. .

m3y nbpm HDQ ]13 '13

.TJ?

pi

(&/. 3.3);
'B>

H3V

(z'&z'tf.);

mn
1

N3CTIO "13
(jfo'd.).

13T H3

TJ7 (ibid. 3.4).

This page ends with N1DO rrro N ?!


Fol. 9a continues this

paragraph which ends with n'3in


.

mr

xbl.

Then come:

POBH j'TS

.'3yn
'3

n3y 'y^K
{ibid. 3.5).

'1 (ibid.);

ny

'13

n3n inPK

P3T

'113

'I

TN

HI

ins

nr D'no

This page ends with D'lU

notw.
Fol.

9b continues this paragraph which ends with

nHDl

Nm

'33

(ibid. 3.6).

Then come:

11311

pn*

.'yo2?
1

n^B?

(z'i/rf.

3.12);

y'jy

'IN

'3H

(*'&*.).

This page ends with

]'33 7V ?
till
1

'K (ibid. 3.13).

Fol. 10a continues this

paragraph
. .
.

*)"I3 ]'3D1

NO^y mn.
(z'&tti.

Then come:
. .

the entire paragraph 3.14; njyj

nry: ?

4.1);

.n"n

"\

16

THE JEWISH QUARTERLY REVIEW


.

TUyj (ibid.); O'Hp (second)

.ipso

"] (ibid.);

N"n

'TT1.

.'NT '1 n'31

N3 13

(ibid.).

Fol. 10b:
(ibid.).
'131

'KH 17031.

.'30D lin '31


is

(*'6Z.

4.2); J'.IUp.

3Dn 11D

This page which

the last of the fragment ends with '3n

dv 733

pyno vn iopo
is

'bun.

There are a few marginal notes which

relate to the text.

The orthography
edition.

practically the

same
This
is

as that of the printed

Some words

are punctuated.

usually the case

when

new
,!

reading is suggested for


2.9).

haggadic purposes, as n'?310D instead of

?31?a (R os h ha-Shanah

Ten paper

leaves,

measuring

6|X4

ins.

= 15.5X11.4

cm.).

Number

of lines

on each page ranges from nineteen to twenty-two.

Rabbinical cursive character.

These ten leaves form one


together
is

fascicle.

The

string

which holds them

decayed.

[Adler.]

86
Part of tractate Berakot. 7a-7b.

Recto begins with.

.nui nt?ono [m]N

yn

Toyr nooi (7a,


1.

1.

19),

and ends with [DiTT3 omni3N]


been 7b,

n2>yo [prriN I'NBO] (ibid.

42); verso

continues recto, and ends with nyi


1.

main

'3[3 17N1]

(which would have

28,

if

we had

the same reading). Recto has a note which

begins on top and continues on left-side margin, while verso has a

note on right-side margin.

Our fragment
mentioned here:

offers

numerous

variants, a few of which

may

be

Fragment

Printed Text

npono

nniN

yn

loyr

nooi
.Ni3i

inn

yn

nasi

yn

loyr nooi

.Ni3i

npono

'n

n'ni3303

mm

N3'o

Ninn

'ttipa

m7 myxo Np

mm

trd
.'i3i

'n mni33tP3 mm y^x Ninn m7 nyso up mn 17 ]3 yenm

mmoN^ myio iDNiNn7ii3in D'p3


bv
'3H
in'3i -jin3
i7 7 Ni
1

^unn
.'131

nyi ni3in nop


n3

31101

mon7oo
313

[din
dii

win

no ? 'n3

3i3Di

mion7o
'n

i7'Ni 'in

kin O70 nas'n'

nyijium

'3d

m non7o
nss

hpv in nov 'Nip3 N3io NDiyi '*yi3 j'3 mopiNi 7c in'3 -pn3 nyi nuin ntpp ion3p 31301 313 mon7oo inv din oi7tP3N '330 ini33 in ? noro
1

no
'33

'n

mm
'7y

o'noi

133

D'op con D'OIN^l 013 1031 107 3'n3 31301 313 :3'n3 N7 nx 131 no 17'ni pn un*
17ni

GENIZAH FRAGMENTS
One parchment Number of lines on
leaf,

IX

PHILADELPHIA
ins.
(

BALPEK
leaf is

17

measuring 85X/J
is

= 21.6X18.1

cm.).

each page

thirty-three.

The

damaged,

especially in the corners.

Square character.

[Friedenwald.]

87
Part of tractate Shabbat.

74b-75a.

Recto begins with NrryiN nPiy (74b), and verso ends with D'JV^yn
(75a).

The

variants are significant.

Some paragraphs

are arranged dif-

ferently from

what they are

in the

printed editions.

The names
in this

of

the authorities are usually omitted, the only exception

fragment

being 21 'ON N'SIB 13

N"lt3T

10 'ON
badly

(75a).

One parchment
(

leaf,

damaged,

measuring
lines,

7|X5f

ins.

= 193.X 14.3

cm.).

Recto has twenty-nine

while verso has

only twenty-eight.

Square character with a tendency to cursiveness.

[Amram.]

88
Part of a talmudic codex.

Yebamot 22b-24b.
riB>N

Recto begins with IT^ T3JJ Np 'NO -p3N


(22b, towards the end), and ends with

ro

my
is

'NH

milT

]WVp

Tin,

which

evidently
lines

some

addition, as
off.

it is

not found in the printed editions.

Some
1

are torn

Verso begins with NroN

mn mP

PITH IN ? 'NT noJ ? (24a),


1

and ends with

my

ND ?1

,(

IN ?

N7N

(24b).

There are many variants,


adds

some
'Nnv

of

which are important.


after pyo.

In last line of 23a this fragment


nriN BH'ptP '0 of the

Only the words

Mishnah

(23b) are quoted,

and the discussion


in this

of the

Gemara

follows immediately.

This proves that

codex the entire Mishnah of a chapter was


is

put at the beginning, as

the case in the Yerushalmi.


is

The Mishheaded
r,

nah nnseVT

"?y

lyDJn (fragment nusvb)

not marked as such (24b),


is

while the Baraita 0'N ntPN ^y lyttjn (fragment nCN^)


(ibid.).

]no

wide piece of parchment, damaged, measuring 8^X12


cm.).

ins.

( = 21.6X30.5

There are twenty-three


text
is

lines to a page, besides


in

marginal notes.

The

in a

square hand, while the notes are

small Oriental cursive character.


[Sulzberger.]

The heading

''jno is in large character.

18

THE JEWISH QUARTERLY REVIEW


89
Part of a talmudic codex.
Fol.

Tractate Sotah 2a-4a.


1.

la begins with
'Nl

HI31E?

'3Nn Npi (2a,

18),

and lb ends with

N3v tn ITSN
2a.

(2b,

I.

8).

Some

leaves are missing between lb

and

The

latter begins with D'JPD


1

mnS3 no"pna
(4a,
1.

1'N (3b,

1.

39),

and 2b

ends with ITS

"[in ?

TTT BltWlP

H3

9).

There are some


19);
is in

insignificant variants, as "IT '37 for


(ibid., 1.20).

'T73

(2a,

1.

mn
Two

is

omitted before nns

The

spelling nmtP,

which

accordance with the Bible,

may

also be mentioned.

paper leaves, slightly damaged, forming the outer sheet of


Size

a fascicle.

8X5f

ins.

= 20.3X14.6

cm.).

Number

of

lines

ranges from fifteen to seventeen to a page.


a strong tendency to cursiveness.

Square character with

[Amram.]

90
Part of tractate Baba Mesi'a 86a
(?).
,

Recto begins with TinD


verso ends with

"ICON n'H Kin

"I

"I3
1.

NBHip
38).

(86, 1.29),

and

O^n
WXTl

Nin DDH ITJD yOB>

(ibid.,

Some
in

of the

Aramaic phrases have been translated into Hebrew,


1ITIN

as, for instance,

mo'P

3113 "inv

for N133

Ninm

ITIPSJ

nm. But
The
nar-

most cases the talmudic phraseology has been retained.


is
it

rative
Is

rather shortened.
part of a book containing talmudic narratives?

piece of paper, badly

damaged, measuring
lines

6^X4i^

ins.

= 16X

10.9 cm.).

There are thirteen

to

page.

Square character

with a distinct tendency to cursiveness.

[Amram.]

91
Part of tractate Menahot.

12b-13b.
l'3B>nn

Recto begins with DIN rrTSND

(12b),

and ends with

1'N

^dnV

(13a

Verso beginss with PBwAh 'DV

"n

'oyo 'D'm (13b), and

ends with 'no n^ios

in rma^
There an

Dip' ?

(ibid.).

There arc some variants, as the omission

of

7'op

'NO")

(12b)

and

11UX0T

7' op (13a).

also
i

some corrections by

a later hand.

the words nraon ]D HJ'N 'no


.

13b),

which had been omitted, were

<l

abo>

he

line.

GENIZAH FRAGMENTS

l\

PHILADELPHIA

HALPER
''2,

19
4.

This fragments belongs to the same codex as Nbs.

93,

and

51

A narrow piece of parchment, beautifully preserved, X3^ ins. = 14.9x8.8 cm.). Eighteen lines have been
(

measuring
preserved

to a
in

page.

Hold square character.

While the

lines

are

complete

themselves, the leaf must have been considerably longer (about


lines

thirty
1

to

page), as a

great

number

of

words

is

missing

el

ween recto and verso.


is

There may have been two columns to a


off.

page, one of which

cut

[Amram.]

92
Part of tractate Menahot.

16a-16b.
(16a,
I.

Recto begins with


rUD[en D'yaiN

'I'^SI rrtP'b'Ba |'3


1.

37),
is

and ends with

mnm]

(16b,

13).

About one

line

missing between
(ibid.,
1.

recto

and verso; the

latter begins with 'ONT ]ND3


1

NH 'DOyo
1.

14),

and ends with N'Pp xb NH


There
for '^lrfl.
.

IT ?

N'ya'D

HD^n ?
1

(16b,
. .

29).

is

number
. .

of variants, as
1.

bus

n31Z>N"in "?y

HEnyn bj

.mit^O.
(ibid.,
1.

(16a,

43); n"3B>31

H31W13 ^rs
'3np ]'3

]133 for ]13J

,l

2?

7B?31.

45); '3Nnp ]'3


11.

NITI for N'tPp

Km

(16b,

I.

1);

wre
1.

for I'-rnon (ibid.,


l

5,6); rri3~ip^ I'aiya


1.

for I'aiyo i"N (ibid., for

12);

7DS ,,7 for


1

^S ?
1

(ibid.,

19); 'OT t^np ?

tom

S33 EHp ? tom


1

'an -vnn ?

(*'taJ.,

11.

23-29).

This fragment belongs to the same codex as Nos. 91, 93, and 94.

A narrow
8f!X3i^
ins.
(

piece of parchment, beautifully preserved, measuring

= 22.6X8.6
is

cm.).

It

is

trimmed on
lines

all sides,

but the

length of the lines

intact.

Twenty-nine

have been preserved

to a side; but judging from the missing words, each page seems to

have had about thirty

lines.
is

There may have also been two columns


off.

to a page, one of which

cut

Bold square character.

[Lederer.]

93
Part of tractate Menahot.
17a.
(17a,
1.10),

Recto begins with

"pm

N'DH
This

and ends with

"Vtflpn

vapn ?
1

ya\p

(ibid.,

1.

29;.

Yerso begins with nvrn yap nr


is

nr

paayo

msatP (Mishnah
13171'

to end).

followed by

Gemara

'DN "l'N

n"N,
It
is

and the page ends with


obvious that
in

rr^'DN ]ivb2 (17a, last line).

thi^

manuscript each chapter was preceded


it,

by the entire Mishnah appertaining to

as in the Yerushalmi.

20

THE JEWISH QUARTERLY REVIEW


There are some variants, as the omission of N7 before "pn
(1.

12),

"3

(1.

19),

and D"0

(1.

24);

it

has NnDn

3*1

'DN7 for NIDn

~l"

(1.

20)

and N3N

for

*TH

(1.

21).

This fragment belongs to the same codex as Xos. 91, 92, and 94.

A narrow piece of parchment, beautifully preserved, measuring 7^X3^ ins. = 19X9 cm.). Twenty-four lines have been preserved
(

to a page.

Bold square character.

While the

lines are

complete

in

themselves, the leaf must have been considerably longer (about


lines

thirty-

to a

page), as
verso.

a great

number

of

words

is

missing between

recto

and

There may have been two columns to a page, one


off.

of which

is

cut

[Amram.]

94
Part of tractate Menahot.

18a-18b.
(18a),

Recto begins with

"?1DS ""OH ""I3"T "HIT?

and ends with 'ON


and ends with

ODntPN

(ibid.).

Verso begins with n"JnN


"?1

*71D9

(ibid.),

WN

I'fl'ns

min

(18b).

The Mishnah

is

not given, for in this codex,

as in the Yerushalmi, each chapter was preceded

by the

entire Mish-

nah appertaining to

it.

There are some variants, as


of *ne>p3l

'ntreo N^l

VTD^n

""O "?y '"Turn

instead

VTD^fl.

(18a).

There are also some mistakes which have

been corrected by a later hand.

Thus

""ODD

nnDBW

for

mBW

(ibid.).

This fragment belongs to the same codex as Nos. 91, 92, and 93.

A
7jrX4|

narrow piece of parchment, beautifully preserved, measuring


ins.
(

= 18.7X10.4

cm.).

Twenty-four

lines

have been precomplete

served to a page.
in

Bold square character.

While the

lines are

themselves, the leaf must have been considerably longer (about

thirty lines to a page), as a great

number

of

words

is

missing between

recto

and
is

verso.

There may have been two columns to a page, one of


[Amram.]

which

cut

off.

95
l';irt

of the

'Aruk

l>y

Nathan

l>.

Jehiel of

Rome.
{s.
v.

Recto begins with axy


with N
the
In
1

mon
v.

nr '"ly-pi

VT

31K),

and ends

e>Nn 13 p'^-in

{s.

313N),

Verso continues recto, though


PIK11

>'

few words are torn

"it,

and ends with

3UN nN nm:n

nun

3*3*).

GENIZAH FRAGMENTS

IN

PHILADELPHIA

BALPEH
pXD

21

There are some interesting variants.


reshit

The quotation from


DIN
'J3 "?y

Be-

Rabbah 19 (s. rv33Ni non oirn mp.


This
it.

v.

rV33N)

is

as follows:

I'TID" nyo:?

leaf

belongs to the same fascicle as No. 96, which continues


is

Indeed the small portion attached to this fragment

part of

No. 96.

One paper
and two
torn,
lines to a

leaf

and a small portion


ins.
(

of another, badly
15.5 cm.)

damaged

measuring 85X65
page.

= 21. 6X

There are twenty-

Square character with a strong tendency to

cursiveness.

[Amram.]

96
Part of the 'Aruk by Nathan
b. Jehiel of
(s.

Rome.

Recto begins with Nin


legible

30J?

PITS
(s. v.

v.

nNTI 3UN) and the last

words are 'ON ~l3B>m N1033

"3K).

Some words

are missing

between recto and verso; the


last legible

latter begins with ['NH


3~l].

nnns

]ntP,

and the

words are JH JV3 3N

This

leaf contains

important variants, as 3UJN bt<ynW

|1tP^3 N~ip31

'JJN-I^N for ^NyaE'' '^3

'Nyi^N 3133N Nipji


1

nmo3 nNsoj tOv nraw^


(the reading of this frag-

for niT103

NSa: x\>W

I^N ?;

]0E>

for 1DP
is

ment

is

decidedly superior).
leaf,

There

also a

number

of scribal errors.

One paper
(

badly damaged and torn, measuring

7jX6|

ins.

= 19X15.5

cm.).

Recto has preserved eighteen

lines,

while verso

still

has twenty-one.

Square character with a strong tendency to

cursiveness.

This

leaf

belongs to the same fascicle as No. 95 of which

it

is

continuation.

Indeed the small portion attached to No. 95


[Lederer.]

is

part

of this fragment.

97
Part of the 'Aruk by Nathan
b. Jehiel of

Rome.
Of
this section

These

fascicles cover the

words fB

]X~l.

about

a fourth has been preserved, as eighteen leaves are missing altogether,

while more than a half of each leaf

is

cut

off.

This fragment contains some interesting variants.


dications that the author arranged his

There are

in-

work

into books

and chapters,

which were numbered.

Every

letter of the

alphabet formed a separate

22

THE JEWISH QUARTERLY REVIEW

book, and there were accordingly twenty-two books, while the second
letter of the

word began a new chapter.


to

Thus
1,

all

words beginning

with

3N belonged

book
in

1, 1,

chapter
chapter

while

words beginning
forth.

with JN were included

book

2,

and so

Being an
separate

adherent of the

biliteral theory,

the author did not

make a

chapter for the third radical.

Owing

to the

missing parts in this

fragment, most of the chapter headings are missing, and none of the

book headings
"IS
'1

is
':

given; but the following are numbered: IT' p~lS before

(fol.

3b);

pis before IS
(fol.

(fol. p"lE)

14a);

'}

pis before np
(fol.

(16a);

pis before Dp

17a);

"

before

"["I

21bj;

]*'

pis

before

}n

(22a).
first

The

word

of each

paragraph
leaves,

is

in large

square character.
Size

Twenty-two parchment

made up

into five fascicles.

4|X71

ins.

= 10.4 X 20cm.).
At present

Originally each fascicle seems to have


first fascicle

consisted of eight leaves, but only the


in its entirety.

had been preserved

fascicle

has eight leaves,


"
six

" " " "

" " "

four

4
5

two

two

Only

thirteen lines to a page

have been preserved; but judging from


off.

the missing parts, fifteen lines or more have been cut

Accordingly

there must have been twenty-eight or thirty lines to a page.

Square

character with a strong tendency to cursiveness.

[Amram.]

98
Part of a Hebrew-Arabic glossary to the Mishnah.
ficult

Only

dif-

or unusual words and expressions are explained.


of the

The arrangein

ment

words

is

not alphabetic, but follows the order

which

they occur in the Mishnah. This fragment, some parts of which are entirely obliterated, covers
the following tractates:

Horayot:
line
1

The

first

expression that can readily be decipherd


(2.9);

in

is

Tivi n^iy ]3^p


is

Abot:

The

first

word

is

nU3"in (1.10
is 1*11071

The

next word

TJ3 (1.13);
first

Zebabim:

The
is

first

word

(2.4);

Menabot:

The

word

to the explained
y

3us
(11.4

(10.4).

The

frag-

menl ends with p'D Trr- orbn r&b p'D "TYi

GEXIZAH FRAGMENTS

IN

PHILADELPHIA
(

BALPER

23

One parchment leaf, measuring 6X5* ins. = 15.2 X 14 cm.). Number of lines on recto and verso is thirteen and fourteen, respectively.

Square character.

[Adler.]

99
Part of Rashi's

commentary on

tractate 'Erubin (without text).

88b-89b.
Fol. la begins with rriDN '1 b]}

moN
fol.

'1 liy , (88b),

and lb ends

with niS'Enpi
with nr
*?y

mm

rni'Sn 'DN1 (89a);


(89b).

2a continues lb, and 2b ends

nirnn

vv

There are some interesting variants.


has nr JJ3

Thus the printed

edition
,!

lrow

D'^Dl

(89a).

This fragment, however, reads D

7Di

nr Jin -proB\

Two

paper leaves, forming the inner sheet of a


(

fascicle,

measuring

6i6X5jins.

= 17.3X13.3

cm.).

Number

of lines ranges

from twenty-

four to twenty-five to a page.

Square character with a distinct tend-

ency to cursiveness.

[Amram.]

100
Part of the Arabic original of Maimonides' commentary on the

Mishnah.

This fragment contains a portion of the preface explaining

the reason for the arrangement of the various tractates.


Fol.
1

discusses the arrangement of the tractates from Kil'ayim

to Ta'anit.

Some

leaves are missing between lb

and

2a.

The

latter

begins with Horayot, and 2b ends with Kinnim.

Two

paper leaves, badly damaged and faded, forming the outer


Size

sheet of a fascicle.
lines ranges

8sX5!

ins.

= 21.6X14.3

cm.).

Number

of

from twenty-one to twenty-two to a page.

Square char-

acter with a strong tendency to cursiveness.

[Amram.]

101
Part of Maimonides' Arabic commentary on Mishnah Middot.

Recto begins with middle of


^JE*

1.8.

The second chapter

is

headed
2.4.

pis

in

a large square hand.


leaf, slightly

Verso ends with the middle of


faded, measuring

One paper
ins.
(

damaged and

9hX6h

= 24.1X16.4

cm.).

Number

of lines ranges from twenty-three

24
to twenty-four.

THE JEWISH QUARTERLY REVIEW


Square character with a tendency to cursiveness.

[Amram.]

102
Part of the commentary of Xahmanides on

Xiddah

(n"TJ

'tPHrl

fao-in ?).

Recto begins with Tino ? Kliy'P

lrmm
1.

(Xiddah 14b;
17),

CommenThere

tary, mta'P HPon, Sulzbach, 1752, p. 82c,


Pin"? "73K nDl
1

and verso ends with


ibid., 1.58).

n ? I'KEO (Xiddah 15a; Commentary,


variants.

are

some important

This leaf belongs to the same codex as Xos. 103, 104, 105, and 106.

One paper

leaf,

measuring 7rfX5f

ins.

= 20.1X14.3

cm.). There
[Adler.]

are twenty-four lines to a page.

Rabbinic cursive character.

103
Part of the commentary of Xahmanides
in

Xiddah

(ITU 'IPHn

Fol. la begins with


1.

? ]'K nriKD

om^

W\rb (Commentary,

p. 82c,

58).

After 1JDO abn" DTl'jKn ':sb HID our manuscript inserts a few
in the

lines

from a paragraph which should be placed


is

next page.
20).

This

paragraph

ron*

'OIK B>"3 ''jno (op.

cit.,

p.

82d,
till

1.

It is afterfol.

wards repeated.

This commentary continues

the bottom of
1.

2b

which ends with nntn KOP d"?0


leaves are missing between
fol.

wvn

(op. cit., p. 83a,

4).

Sixteen

2b and 3a.

The

sixteen leaves

marked
cit.,

104 are to be inserted here. Fol. 3a begins with j'BJlo IK I'DWD (op.
85c,
1.

37).

This commentary continues

till

the bottom of
p.

fol.

4b

which ends with rtV^V

'ma

'jnpia K*7K (op.

cit.,

85d,

1.

56).

This fragment offers a number of variants some of which involve

complete sentences, while others are merely phraseological.


of tractate

The pages

Xiddah are marked on the margin by a

later hand.

This fragment belongs to the

same codex

as Xos. 102, 104, 105,

and

106.

Four paper
of
lines

leaves.
is

8^X5}^

ins.

= 20.4X14.4

cm.).

Xumber
which,

on each page

twenty-four.

Rabbinic cursive character.


fascicle

These lour leaves formed the outer sheets of a


perhaps, consisted
<il

twenty leaves.

The
104),

inner sixteen

leaves are

found

in

the Adlei collection (see No,

[Friedenwald.]

GENIZAH FRAGMENTS

IX

PHILADELPHIA

HALPEK

25

104
Part of the
]'2D-\rh).

commentary

of

Nahmanides on Niddah (mi 'nn

This fragment begins with


1762, p. 83a,
85c,
1. 1.

DHyn
]"?13

I'lTJDI

wvvn nono (Commentary,


vbx run
]'nn ]'K1 (op.
'/.,

4),

and ends with

D'nnsriEO

37).

The
tractate

variants are very slight

in

this

fragment.
later

The pages
hand.

of

Niddah are marked on the margin by a

This fragment belongs to the same codex as Nos. 102, 103, 105,

and

106.

Sixteen paper leaves, measuring

8^X5H

ins.

= 20.4X14.4
string.

cm.).

Number
acter.

of lines

on each page

is

twenty-four.

Rabbinic cursive char-

These sixteen leaves are fastened together by a


fol.

They

are continuous, and are to be inserted between


103.
[Adler.]

2b and 3a of No.

105
Part of the

commentary

of

Nahmanides on Niddah

(niJ

'pnn

I'aoin ?).
Fol. la begins with

iWlT N ?!
1

.^'TNI

'TSD13 TOKD n ,-13n^ nOHS

nmeo
1.
1

"|Dn

nun ? ^>m'
1

'33
fol.

'EHp

(Niddah 32a; Commentary, 86a,


'b "IJnN 'ND

8 from bottom),

and

16b ends with

'Biyo 'DD 'Nl

'IN ?

,l

N-QnDOl (Niddah 40b).


is

There

number

of variants,

some

of

which are important.

This fascicle belongs to the same codex as Nos. 102, 103, 104, and 106.
Sixteen paper leaves, fastened by a string and forming one fascicle.

Size

711X51

ins.

= 20.1X14.3

cm.).

There are twenty-four


[Adler.]

lines to a page.

Rabbinic cursive character.

106
Part of the

commentary

of

Nahmanides on Niddah (mj 'umn

Fol. la begins with nn-jh

'yapa mintae?
and
fol.

vr

ir

rno

'EJ^l
1

(Niddah
m'-IN yiP ?
1

42a; Commentary,
'-n

p.

89b,

1.

26),

18b ends with


p.

'D1 ?

irr

pilN

irV0

(Niddah 61b; Commentary,

92a,

1.

59).

There

is

number

of variants,

some

of

which are important.

This fascicle

belongs to the same codex as No.s 102, 103, 104, and 105.

26

THE JEWISH QUARTERLY REVIEW


Eighteen paper leaves, fastened by a string and forming one
fas-

cicle.

Size

7f|X5f

ins.

= 20.1X14.3

cm.).

There are twenty-four


[Adler.]

lines to a page.

Rabbinic cursive character.

107
Part of a kabbalistic commentary on tractate Berakot.
of each leaf
is

Recto

headed

rtl3~l3 rl3D0,

while verso has the superscription

P"1S.

Fol.

has nothing but the commentary, but the lower right-hand


2a has 'DT
'"I

corner of

fol.

"IDN

N^n (Berakot

3a),

which

is

continued
left side.

on the right side of 2b, the commentary being written on the

The quotation from


The
'"?

the text ends with )'37 '33 n[N Tl'^m]

(ibid.).

text

is

shorter than that of the printed editions,


variants,

and there
."Jvy Dl7iP
,!

are some
"IDN1

lexical

as
it

the words has

m^p

n?sn
riN

are omitted, and

n Tisnen TP3

'ronrCTP

'IN

yob

'33 n[n

Tpbvn]

(!)

'by*.

Two

paper leaves, badly damaged and faded, forming the inner


Size

sheet of a fascicle.

8fX6i
The

ins.

= 22.2X16.4

cm.).

There are

twenty-eight lines to a page.


the commentary
is

text

is in

bold square character, while

in a

Spanish cursive hand.

[Amram.]

108
Part of a commentary or responsum on tractate Hagigah 21b and

22a

(in

connection with the immersion of vessels).


of

The opinions

Raba and R. Ela (fragment reads Ny 7N, whereas


,
l

printed edition has

KTN)

are quoted.
is

A
off,

narrow piece of parchment, the greater part of which

torn
lines,

measuring

6X2|

ins.

= 16.4X7

cm.).

Recto has nineteen

while verso has twenty.


iveness.

Square character with a tendency to curs-

[Amram.

109
Part of a

commentary on

tract.it.

Yebamot 22b-25a.
<>!'

This com-

mentary

is

more extensive than

thai

Rashi.
(22b).

Recto discusses nnse>o


been verj
(24b).
large,
lasi
.i-

mnvb

D~is

The page must have


3~i 3' sen

verso begins with the explanation of

D"3 "3

The

words are Nxn xb

any xyb

'3 (discussion of 25a).

GENIZAH FRAGMENTS
A

IN

PHILADELPHIA

HALPER

27

piece of parchment, faded

and badly damaged, only the lower

corner having been preserved.

Size

5lX7 rs

ins-

= 13.7X17.9
Rabbinic

cm.).

The number
character.

of

lines

cannot

be ascertained.

cursive

[Amram]

110
Part of an Arabic commentary on tractate Baba
50a.
Fol. la has explanations of the
is

kamma
(47a).
is

47a-

words NOD'S and NnS3

This

followed by l'fflTIp D'JDntP

"np!"l,

and the discussion

continued

on lb; 2a begins with 1T3IT?

]')DD rrnB> Tien (48b),

and 2b ends with the

discussion on R. Ishmael's supposed opinion concerning the

owner

of

the pit (50a).

Two
4X12.7

paper leaves, slightly damaged, measuring

6^X5

ins.

= 16.

cm.).

The number

of lines ranges from sixteen to nineteen

to a page, except lb

which has only seven, the lower half being blank.

[Amram.]
Ill
Part of a lengthy

commentary on

tractate Shebu'ot.

These two

leaves cover Shebu'ot 12a-14b.

No

authorities are quoted; but the writer seems to belong to the

school of Xahmanides.

Two

paper leaves, one of them badly damaged and torn, measuring


ins.
(

7sX5f| number of

= 18.1X15
preserved

cm.).
is

The upper

part

is

torn

off,

and the

lines

twenty-two to a page.

Square character

with a strong tendency to cursiveness.

[Amram.]

112
Part of an extensive

commentary

(not

by Xahmanides) on 'Abodah

Zarah.

37b-38b.

Recto begins with an explanation of nNOlta pSD (37b), and verso


ends with
13 mnfc> |'3 (38b).
leaf,

One paper
(

badly damaged and torn, measuring 7^X5|


lines,

ins.

= 19X14.6 cm.).
Square

Recto has twenty-two


with a

while verso has twenty-

three.

character

distinct

tendency to cursiveru-".

[Amram.]

28

THE JEWISH QUARTERLY REVIEW


113
Colophon
of a

book entitled n^Nia

Bmo

(not Bereshit Rabbah).

Recto has the concluding formula of the book, which ends "lOH

DH

rVWD Bma.

While practically the entire passage, consisting


is

chiefly of biblical verses of consolation,

in

Hebrew, there are two

Arabic words (rplp

nam: 'may He

fulfil

His promise') which would


in

lead to the assumption that the

book was written

Arabic, though

not necessarily

so.

Yerso

is

blank.
leaf,

One paper

measuring

8X5f
114

ins.

= 20.3X14.9

cm.). Oriental

cursive chracter.

[Amram.]

Part of a haggadic

commentary on Genesis

similar

to

Midrash

Rabbah.
Fol.
1

covers the end of Wayyesheb and the beginning of

Mi hikes
lb and

(Genesis 40.18-41.3).
2a.

Some

leaves are missing between


(ibid.

fol.

Fol. 2 deals with

Wayyiggash

46.28-47.14).
in

This fragment contains additional matter not found


text of the

the printed

Midrash Rabbah.

Two
part
is

paper leaves, badly damaged and faded, forming the outer


Size

sheet of a fascicle.

6|X4f

ins.

= 16.1X12

cm.).

The upper
Square

torn

off,

but there were at least thirty

lines to a page.

character with a tendency to cursiveness.

[Amram.]

115
Part of a rationalistic treatise on haggadic passages in the Midrash

and Talmud.
Fol.

lb begins with

mjm

DTlbKn which concludes the writer's


is

discourse on
l"?2H<

some haggadah.
rrne> O'd'jd

This

followed by

p?
1

"I01N

yenrv

'"I

D3J:

-paia
32a).

wm
The

Ulna

(Exodus Rabbah

38.8),

and by

Tl O^lNl

ne>o

rwzh n"3n

-ion

pnr

"\

ion ton

-idn '3 (Berakot

At the bottom of this page

is

the word rt7*?n with which the


fol.
l

following page began.


fol.

Some

leaves are missing between

lb and
1

2a.

latter concludes a

discourse perhaps on
is

ainb

"DDK

no-o^anm
POTS nr

n^iyn

POSTP (Berakot 35a). This


"?3

followed by ~iok

mam

ra ynv nana

an

{ibid.

40b) and
Fol.

now THO
21)

"1 rrn

htp noK

]0N 'yo3E> D'naiJJ

inp

j'jo (Wrf. 50a).

concludes the

GENIZAH FRAGMENTS

IN

PHILADELPHIA
is

HALPER
Jiy

29

discourse on the preceding passage, and

followed by

vp2V |3N
IN' 3 "U3l

n ? n'DJ

too

^tnty' ? pnr"? (ibid. 54b).


is

Maimonides
"6b>

quoted:

n^Nn

rmZTI
(fol.

W
2b,

"?"?

D"3D"IP1

on pits rums 3
The
text of the

mob'yjn rrnira

1.

23).

Midrash and Talmud presents numerous variants.


measuring
is

Two
Number

paper
of lines
1

leaves,

7|X6j

ins.

= 20X15.5

cm.).

on each page
is

twenty-seven.

Rabbinical cursive

character. Fol.

pasted to a piece of cardboard which was one of


Fol.

the covers of this codex.


is

la

is

thus entirely covered.

Fol. 2a

marked

ITp which proves that

we
116

are in the middle of the book.

[Adler.]

Part of a collection of homilies for various occasions and dis-

courses on midrashic passages.

The
bears

first six

leaves deal with a sermon in connection with the

Book

of Joshua.
It

Fol.

6b has only

six lines,

the rest of the page being blank.


yfc>in\

D^GW

on.

Fol. 7a is

headed
fol.

and begins the discourse


the next page there
fol.
is

with Johsua 14.6.

This ends on

8a.

On

a sermon headed

mDSJ ?
1

B>1VT,

which ends on

lib.

Then
fol.

follows
1.

a discourse headed NX'l nans'? "IONO, which ends on

13a,
~Tfc>3

11.
'"I

Then
"HPK

follows a short discourse on 3" 3


31 ro

1D

Nnn "a NOn


The

'l

D'Dys (Leviticus Rabbah 34.1).

six leaves referred to

above contain four short homilies on midrashic subjects, the third


which
is

of

headed

mm po
"in.

? "10ND.

The
1

last

two leaves are


,_

in the

same

writing as the

first

fourteen.
"?>

They contain two


DV ? "10NO
the
ISD,

homilies for Passover.

The
7T31

first is

headed nDS
1

'y'SP

and the second 10KO


part

niOP nDS

Of the

latter

first

alone has been

preserved.
It

belongs to the same codex as No. 117.


leaves, fastened together

Twenty-two paper
ing one fascicle.

by a

string

and form-

The leaves are numbered, and are


!TO.

in consecutive

order from ID to

Size

8|X5H

ins.

= 20.6X15
3D,

cm.).
in

With the
an entirely

exception of six leaves (marked from TO to


different hand,

which are

and may have been inserted from another codex or


there are twenty-three lines to a
lines to a page.
full

from another

treatise),

page.

The other
hand.

six leaves

have twenty-four

Italian rab-

binic cursive character, while the headings are in a beautiful square


[Adler.]

30

THE JEWISH QUARTERLY REVIEW


117
Part of a collection of homilies for various occasions and discourses

on midrashic passages.
Fol. la begins with the middle of a discourse
U'fl pint? nVd'' TN
is

on

]12>7

R7H

fN |'K

3Tm

nnntP (Exodus
fol.

Rabbah
'1

23.4).
is

This discourse

concluded at the bottom of

lb.

Fol. 2a

headed

rmn

]T\D7,

and has a discourse on *\7Xn rrn niTR TO NnN


131

DBQ

W:n

"13

iry^N

T
2b

nan NT)p (Bereshit

Rabbah

1.10).

Six difficulties are pointed out

by the author, and he proceeds

to answer them.

At the end

of fol.

we

are
It

still

in the

middle of the discourse.

belongs to the same codex as No. 116.

Two
Number

paper leaves, measuring


of lines

8^X51
marked

ins.

= 20.4X1-1.9
Italian

cm.).

on each page

is

twenty-three.
I'D,

rabbinical

cursive character.

The

leaves are

n"D.

[Friedenwald.]

118
Part of a book containing stories from rabbinic literature on the

merits of charity.

One parchment
1X11.4 cm.).

leaf,

torn and faded, measuring


of
lines

6|X45

ins.

= 17.

Number

ranges from thirty to thirty-two.

Small square character with a tendency to cursiveness.

[Amram.]

119
Part of a treatise, in Hebrew, in the form of an ethical
merits of charity.
literature.
It

will,

on the

contains abundant quotations from rabbinic

Two
fascicle.

paper leaves, slightly damaged, forming the outer sheet of a


Size

8^X51

ins.

= 20.4X14.3

cm.).

Number

of

lines

ranges from twenty-five to twenty-six to a page.

Square character

with a distinct tendency to cursiveness.

[Adler.]

120
I

ragmenl

of

mpios noVn.
(p.

Recto begins with nnsE>


1886),

85,

1.

17

of

Schlossberg'a edition,

and v\uh with the paragraph rbyib ncny newrw don^o i^ni
p
86,
I.

4).

It

seems thai

in

our fragmenl this paragraph

was

GENIZAH FRAGMENTS
longer.

I\

PHILADELPHIA

HALPER

31

But

this part

is

almost entirely damaged, and the nature

01

the additional matter cannot be ascertained.

Verso begins with


with rh

ma

n
1.

[np'JDl]

(ibid., p.

86,

1.

12),

and ends

]'N IN (ibid., p. 86,

from bottom).
of important variants.

Our fragment

offers a

number
'0'

Thus the
1.

printed edition has

nnp^O

HV2?b 11DN np'ro


'0'

(ibid., p. 85,
1

19)

while our fragment reads nnp'30

lOrVP ty

xwrb
in

n ? IIDN np'30.

In our fragment after the precept about nursing a a precept about the share a daughter
itance.
is

baby there

is

to

have

her father's inher-

The

case dealt with

is

that of a

man who
is

dies without leaving

a will.
edition.

This precept hardly belongs here, and

missing in the printed

The formula
is ]33~l

of introducing a talmudic passage in the printed

edition

"On;

but our fragment has D'ODn


leaf,

W.
(

One parchment

measuring 7|X6g

ins.

= 20X17.4
it is

cm.).

Number
part
fore
is

of lines

on each page was probably twenty-nine. The lower


is

badly damaged, and the writing


to

scarcely legible;

there-

impossible

ascertain

the

exact

number

of

lines.

Square

character.

[Friedenwald.]

121
Six responsa in Arabic

and part

of Hefes b. Yasliab's

Book

of

Precepts.

Responsum

(fol.

la)

is

a discussion about the representative a


bill of

woman

appoints to receive her


is

divorce.

Only the end

of this

responsum

preserved.
2
(fol.

Responsum
hibition against

lb) deals with

the question whether the profestival refers to that

making a betrothal party on a

which the bridegroom makes or to that which the bride's father makes
for the

bridegroom.
3

The answer

is

that

it

refers to the latter.


it

Responsum

(ibid.)

deals with the question whether


to

is

per-

missible to rescue a

Jew who had confessed

murder and was arIn the reply


is

rested

and sentenced to death by a non-Jewish court.

several passages from the


is

Talmud
it

are cited, and the decision

that

it

not only permissible, but


all

is

the duty of every

Jew

to rescue that

man by

possible means.
(fol. 2

Responsum 4

b)

deals with the question whether a

Jew

may have
skill

his

unleavened bread baked by a non-Jew who acquired


preventing

in

kneading and baking rapidly, thereby

fermen-

32

THE JEWISH QUARTERLY REVIEW


The
reply
is

tation of the dough.

that

if

Jew supervises the work,


at

such a procedure

is

to be

recommended.

Incidentally the writer speaks

of the limit of the quantity of

dough that may be baked

one time.

Responsum
is

(fol.

4b) deals with the question whether a


in

man

permitted to obstruct the prayers

order to have his grievances


if

redressed.

The answer

is

that

it is

allowed; but

after being promised

redress, he persists in obstructing, he should be ejected.

Of responsum 6
served.
It

(ibid.)

only the beginning of the question

is

pre-

deals with people

who come

to synagogue in the early

hours of the morning during the festivals and Sabbaths to recite Psalms.
Fol. 5a-fol.

36a contain part of the Book of Precepts (ytnE&H 3Nro)

by Hefes

b.

Yasliah.

Our fragment begins with the middle


3,

of the

eighth precept of the third section of part

book

3.

This part deals


that are to be

with

civil

law appertaining to damages and sacrifices

brought as a duty.
Part 4
(fol.

12b)

is

headed bj^H
'si

DN"I

^Hn ytOB^N p 'n"? bxabtt


pamptw
pin
"r^i
'fl

raro^N
ny-ip r

,(

7y

-j^-r

3 ,_ipn yjo

Nyian rrtnyflD^N
's

n ?:r
D'b

,1

p yan

? 'in'

disj'jn D'pi

^sion^n

-ih^n
rrbr
'in
1

'Bi

p.
*p^n

Part 5

(fol.

29a)

is

headed nnSDD nKDNU


'a

'B y'N-ie^N ]D

H^N b^a^H
ron At the end
is

raawn
of
fol.

nn:a

m^w
'a

barbx

xr\:o

yan

bsbt*

.]&ooi ior

^o

Dr^n -ionin

ymtp

-jVi

Tn

nnsjo.

36a we reach as far as the middle of precept 3 of book 5 which

a very long one and deals with the defilement of vessels.

Here the

manuscript breaks
fol.

off,

though we are

in

the middle of a sentence, and

36b

is

blank.

This codex, therefore, never contained the entire

book.
Fol. 37a has in plain square writing

"i^n pre*

'ma

3ipy ,(7

vtttNXi Kin 13

nmb

n'rp

mV
list

n"?D JON.
Fol.

37b has,

in

different writing, a

of debtors

who owed

money

to

one of the owners of this codex.


'trip

m
'r

'nn
Nip

,_
t

^y^N u

-uy

"i '3 )-\a\>n

nay

pii

o^yo^K -uy
S.,

pii "
p.

*pv i:y

See

./oA'..

\.

vol.

Ml.,

317.

Thia fragment

\\a^ published B.

with a

Hebrew

translation, notes,
1915.

and an introduction bj

Halper,

Philadelphia,

GENIZAH FRAGMENTS
Thirty-six
(

IN

PHILADELPHIA
leaves,

-HALPER

33
ins.

and
cm.).

half

paper

measuring

6ffx5^
first

= 17.6X13.5

The number
and 25

of lines

on a page of the

four

leaves ranges from 18 to 19, while the pages of the remainder of the

codex have

23,

24,

lines.

Oriental square character with a


fascicles

tendency to cursiveness.

These leaves are made up into four


string.
It

which are fastened together by a

The
is

first

fascicle

which

hangs rather loosely contains four leaves.

no doubt incomplete.
leaves each.

The other

fascicles originally consisted of ten


scribes, the last

As was
bottom
fascicle

customary among

page of a

fascicle bears at the

the word with which the following fascicle begins.


is

Every

marked by a

letter of the alphabet.


first

Guided by these signs we can


form part of the
the
first,

know with

certainty that the

fascicle did not

original codex,

and that the


and

fascicle

which
are

is

now second was


3,
:,

for the third, fourth,


ively.

fifth fascicles

marked

and

~l,

respect-

Of the second fascicle eight leaves are preserved; the first two leaves are torn off, while the last two are pasted to the following
fascicle.
It

thus appears to have only

six leaves.

Fascicles 3

and 4

are complete, each having ten leaves.

The

last fascicle

has only three

and a

half leaves of writing belonging to this codex, the verso of the


fol.

fourth leaf being blank, while

37 which

is

a narrow strip bears a

few notes by a later hand (see above).

The
writing
[Adler.]

first
is

four leaves are of a lighter hue than the others, but the
if

similiar,

not identical with

that of the other fascicles.

122
Part of a

Book

of

Precepts in Jewish-Arabic.
in

The preserved

fragment was part of the introduction


his system.

which the author explained


b.

This work

is

neither

by Maimonides nor by Hefes

Yasliah, although the author followed the latter in

many

respects.

Apparently Hefes
in this

may have

been the author, except

for the fact that

fragment the word


Is
it

ni]D is

employed, whereas Hefes invariably

uses ny~IB>.

identical with the

work
p.

a fragment of which

was

published by Xeubauer in JQR., VI,

705?
fascicle,

Two
Gins

paper leaves, forming the inner sheet of a


(

measuring

X5|

ins.

= 16 X 13.3
[U.
P.]

cm.).

Number

of lines ranges

from seventeen

to eighteen to a page.

Oriental square character with a tendency to

cursiveness.

34

THE JEWISH QUARTERLY REVIEW


123
Part of Al-Fasi's
Fol.

compendium

of Pesahim.
I.

la begins with n"?y 'in 'ND p"nr (chapter 10, p. 20b,


'NT

3o,
fol.

Vilna edition), and lb ends with

NDp NDDN -p-Q

(21a,
(ibid.,

1.

15);

2a continues lb, and 2b ends with Npn 'n^!3 no~l3

1.28).

The words
teleuton.

NIDir ID NDJ1 ND3 ^3 ^y 1 ,_Q

fell

out through homoio-

Otherwise there are some insignificant variants.


in

These leaves are to be inserted

No. 124.

Two
fascicle.

paper leaves, badly damaged, forming the inner sheet of a


Size

6iX4xe

ins.

= 15.5X11.9

cm.)

There are thirteen

lines to a page.

Square character with a

slight

tendency to cursiveness.

[Amram.]

124
Part of Al-Fasi's
Fol.

compendium

of

Pesahim.

la begins with I13T3 piJ?BB>

D'lanai

^3D

(chapter 10, p.
(ibid.,
is

20b,
1.

1.

10.

Vilna edition), and lb ends with HD^H ]' ^NIOP 'DN


leaves are missing between
fol.

25).

Some
38),

lb and 2a (No. 123

to
1

be inserted here).
(21a,
1.

The

latter begins with 'D'


PI?!?

new ? 'y'SPn DV
1

]'3 n' ?

and 2b ends with

ID'a ? Dyn
1

'JrH

On

(ibid.,

1.

48).

There are some variants, as the omission


of
fol. 2a.

of

t03'N at the beginning


first

Instead of Dyn

in last line of 2b,

the scribe

wrote NO^y

which he crossed out.


This fragment belongs to the same codex as No. 123.

ins.

Two paper leaves.forming the outer sheet = 15.5X11.9 cm.). There are thirteen

of a fascicle. Size 6|
lines to a page.

X4fe

Square

character with a slight tendency to cursiveness.

[Amram.]

125
Al-Fasi's

compendium

of

Baba
)'3

batra.

Recto begins with DTIN not?


verso ends with
J'SJ]

(Vilna edition, 67b, last line),


of

and

I^N (68a, end

Mishnah).
faded, measuring
lines,

One paper
(

leaf,

badlj

damaged and
lias

9^x5s

ins.

= 23X14.3

(in.i.

Recto

nineteen

while verso has only

seventeen.

Square charactei with a strong tendency to cursiveness.

[Amram.]

GENIZAH FRAGMENTS

IN

PHILADELPHIA

HALPER

35

126
Pari of Al-Fasi's treatise

on

Tefillin,

extracted mostly from tractate

Menahot, chapter
Fol.

3,

with a commentary.

la begins with the

commentary, which

is

followed by 'NH

l'7'Brn

Nmayo
fol.

(Vilna edition, 7a, bottom).

Some

leaves are missing

between

lb and 2a.

The

latter begins with "?y


D'lJIB D'D'I

]'T3yo
1.

]'N

P'p ?

rnXDH (8b,
are

1.8),

and

fol.

2b ends with

{ibid.,

29j.

There

some important

variants.

Two
fascicle.

paper leaves, torn and faded, forming the outer sheet of a


Size

6|X5^

ins.

= 17.1X13.2

cm.).

There are thirteen

lines to a page.

Square character with a distinct tendency to cursive-

ness.

[Amram.]

127
Fol.
1

is

part of Al-Fasi's

compendium

of tractate Hullin.
p. 38,
1.

Fol. la begins with

miDN

rblD nsn (al-Fasi, Hullin,


(ibid.,

13,

Yilna edition), and ends with f? yDPD p NH

38b,
1.

1.9).

fob'

lb

continues la, and ends with DTB>n

]'3 VtP (ibid.,

39a,

17).

The paragraphs which


edition are missing here.

are included in brackets in the printed


are obviously later interpolations, as

They
sVn

they are not found

in

the extensive
nsi3

commentary
(38a,
1.

of R. Nissim.
1

Thus

the long paragraph from (38a 1.46)


is

15)

to "ima lDrTID ? "IB>SN


it

missing in our fragment, and not a single note on

occurs

n R. Xissim's commentary.

Sporadic vocalization and marginal notes have been added by a


later

hand.

The

notes supply sentences which were omitted by the

scribe.

Fol. 2 contains part of a treatise in Arabic

on the ordinances con-

cerning Sheliitah and Terefot.


vulgar,
as a rule a short u
is

The

style

and orthography are rather


1,

represented by

but

in

some cases

it

is

indicated by~.
Is
it

by Samuel

b.

Jacob ibn Jam'?


measuring 6|

Two parchment
Number
there
of lines

leaves,

X6^
lines,

ins.

15.5

X 15.3

cm.).

on each page of

fol.l is fifteen,

while on foll.2u and 2b


respectively.

are

twenty-two and

twenty-one

Square

character with a tendency to cursiveness.

These two leaves formed

part of a fascicle the inner leaves of which are missing.


is

The

writing
larger

the same on both leaves, but the characters of

fol. 1

are

much

36
than those on

THE JEWISH QUARTERLY REVIEW


fol. 2.

This

is

to be accounted for

by the

fact that dif.

ferent treatises are written on these leaves.

[Adler.J

128
Part of Maimonides' Yad ha-Hazakah. Hilkot Talmud Torah. 4.75.3.

Recto begins with ]"Jjn n"?N 3~in


'n ]o

(4.7),

and verso ends with "imo

pnsn ?! Twrb
1

(5.3). in

There are marginal notes


plain difficult words.

Arabic, added by a later hand, to exusually has a circle

The word commented upon


is

over

it.

Thus "lmnno

explained by ITS

]2T

= 4J
(

^_).
5
is

The paragraphs
(It

are not numbered.

Chapter

headed p~IS

probably belongs to the same codex as the other Yad ha-Haza-

kah fragments of the

Amram

collection.)

damaged, measuring 9f X6f ins. ( = 24.8X17.4 cm.). There are twenty-two lines to a page. Square character with a tendency

One paper

leaf,

to cursiveness.

[U. P.]

129
Part of Maimonides' Yad ha-Hazakah.
Hilkot TefiUah.
12.20-24.

Recto begins with


H2.24).

TDBDH

rf^y'tP (12.20),

and ends with 'rao

l^U

There are some


(12.23).

insignificant variants, as

OIX
in

instead of 13102T

The word
J\

tP'tp is

omitted

in

12.20

The paragraphs

are not

numbered. The left-hand margin has scribbling

Arabic characters,

and

^s>-

^m_>-^J1 <uJl

-~j

is

very plain.
is

Yerso, which was


Vrabic characters.

originally blank,

covered with scribbling

in

One paper
Recto
has
cursiveness.

leaf,

measuring 9&X5xfe
lines.

ins.

(=23.6X13.8 cm.).
with
a

nineteen

Square character

tendency to

[Amram.]

130
Part
of

Maimonides'
7.

Yad ha-Hazakah.

Hilkot

TefiUah

13.14-

Hilkot Tefillin
Fol.
13

la begins with

the middle of

n^sn mo^n.
13,

The
11;

first

line

is

J'Klip "W7W

mow

i^n (chapter
,

paragraph

the printed

edition

has

motw

rnrayn l^N

GENIZAH FRAGMENTS

IN

PHILADELPHIA
fol.

HALPEB
13.

6t

Chapter 13 of rhsn mzhn ends on


extends from
fol.
fol.

3a,

1.

Chapter

3a,

1.

14, to
1.

fol.

6b,

1.

3.

Chapter
is

15 extends

from

6b,

1.

4, to fol. 8b,

19.

This chapter which


ly'CH

the end of ITD^n

n^sn ends with (rho


the
title

TVS:

]DN=) D'JN

pm

y"13.
fol.

Then

follows

HIID 13D1

ntiroi j'^sn

ITD^n which ends

8b, as well as the

fascicle.

leaf is

missing between fascicle


of fascicle 2
(fol.

and

fascicle 2.

The
(chapter
fol.

first line
1,
1.

9a)

is

DlBOIDjni

^pi
to

^'111 ]H

nPiy

paragraph 6 of "D1 ybsn niD^n).


4.

This chapter ends on


1.

12a,

Chapter
from
to

extends from
1.

fol.

12a,
1.

5.

fol.

14,

1.

16.

Chapter
from
1.

3 extends

fol. 14, fol.

17, to fol. 19a,


5.

1.

Chapter 4 extends
fol.

fol. fol.

19a,

1.

24,

1.

Chapter 6 extends from


fol.

24a,

6,

to
of

26a,

1.

16.

Chapter 6 extends from


is

26a,

1.

17, to the bot-

tom

fol.

28b which

the end of our fragment.

On

the lower

left-

hand corner are the words 'y'SC pis with which the next page
began.

The

last

page of this manuscript

is

obliterated in

many

places.

Although the paragraphs are divided from one another by three


dots, they are not

numbered
offers a

in this

fragment.
of variants in phraseology.

Our manuscript

number

Twenty-eight paper leaves, measuring


cm.).

9^X65

ins.

= 23X15.5

These leaves form three


string.
still

fascicles

which are fastened together

by a
and
3

Originally each fascicle had ten leaves, and fascicles 2

consist of this
of
fascicle
1,

number. But the outer sheet, that


is

is

to say,

two leaves

missing.

Hence we miss one

leaf at the

beginning of this fascicle and one leaf at the end.

Number

of lines

on

each page ranges from twenty-two to twenty-three.


character with
a distinct

Bold
[Adler.]

square

tendency to cursiveness.

131
Part
legible
(1.7).

of
is

Maimonides'

Yad
last

ha-Hazakah.
legible

Issure

Bi'ah.

First

word

n^?2

(1.5);

words are N1H ps[D mo]01Dni

One paper
X14.6 cm.).

leaf, slightly

damaged, measuring 9|X5j


lines to a page.

ins.

= 23.1

There are twenty-four

Oriental square

character, with a tendency to cursiveness.

[U. P.]

38

THE

JEWISH QUARTERLY REVIEW


132

Part of Maimonides' Yad ha-Hazakah. Hilkot 'Akum, chapter

1.

Recto begins with

mi muy

"irtN,

and ends with ^wd? xbv; verso


"IDIO (1.1).

continues recto, and ends with D'Van

One paper
(

leaf,

badly damaged and torn, measuring

95X65

ins.

= 24.1X17.1

cm.).

There are twenty-two

lines to a page.

Square

character with a distinct tendency to cursiveness.

[Amram.]

133
Part of

Hebrew

text

and Arabic translation

of

Maimonides' Yad
translation, which

ha-Hazakah.
is literal,

Hilkot Shehitah 2.7-15.

The Arabic
first

follows each paragraph.


is

The

word or

so in the
is

Hebrew

paragraphs

in

red ink.

Every Arabic paragraph


are not numbered.

headed mtP,

also in red ink.


Fol.
2.7),

The paragraphs

la begins with the Arabic translation of 71S~iy3


fol.

(N71N3p3,

and

6b ends with I'BHpan

'"71DS

(2.15).

This fragment contains

lexical variants as well as differences in

the arrangement of paragraphs.

Thus
pi

71N3171

for 71N371 (2.8).

Para-

graph 10 begins with 1TTOW

WW
it

n~IB>3

inDTTP "1TOO D'0N"l

'W wnv,

whereas
nt3TI
ir

in

the printed edition


for
71t3TTC>

begins with IDntPE?

WW.

YV e also have

Hn

nn

(ibid.).
is

Paragraphs 11 and 12 are run

together, whereas paragraph 13

divided into two (Q'~Q"[ 7103 being

new paragraph).

The

translator

may be Samuel ha-Dayyan


cm.).

(see

No. 134).
Size

Six paper leaves, forming a small fascicle of three sheets.

5^X31

ins.

= 14X9.5

Square character with a tendency to


lines to a page.

cursiveness.

There are twelve

[Amram.]

134
Probably the
title

page of a Jewish-Arabic book on the laws of

slaughtering animals by Samuel

ha-Dayyan ha-Maskil.
'p'3'3

Recto has
'

in

bold square character:


I3'3"ii

I'JXn '3 7IWTW

113771

'30071 ]'H7i "?niob>

u~id.

Then

follow

a few phrases which

may

have been part of the preface

d?x ipsi rry^n i^i^n ntvn rhxo


nnon-13 -]rn'X3 iwi nnyND
1

inin

10 '^y

3r no

1*7

jknm

in.

GENIZAH FRAGMENTS
but the
It

IN

PHILADELPHIA

HALTER

39

first line is repeated twice, and the rest is mere scribbling. appears as though some one utilized the blank space to test his

pen.

This

is

confirmed by verso which has several times nbp rmiJl,


letters of the alphabet.

and a number of

One paper
8X9.5
cm.).

leaf,

damaged and

torn,

measuring

6iX3f

ins.

= 15.

[Amram.]

135
Part of a collection of laws by various scholars of Rome.

Recto has the end of the laws of slaughtering by Abraham


Elijah of
'DTI trtt).

b.

Rome
This

(n'n^r it^n "inna


is

om3N.
first

.'T by mrre>

mD^n lobm
b.

followed by Hilkot Terefah by Judah


is

Benjamin

of

Rome.

The

author's preface

given, explaining the object

of writing this book.

Seeing
relying

many
in

of his

countrymen rendering

deci-

sions in a lenient way,

every case upon that gaonic authority

who

declares a thing permitted, the author 'arose to clarify matters'.

Then comes the superscription YH3 milT rmop ? apbm 'on wx y": ]'ma.
1

Yn

"DTK?

npH3 no^n
ins.
(

'pDS

One paper
X14.1
cm.).

leaf, slightly

damaged, measuring
lines,

8|X5A

= 20.6

Recto

has

eighteen

while verso

has

twenty.

Square character with a tendency to cursiveness.

[Amram.]

136
Fol.
1

contains excerpts from tannaitic literature.

It

might have

been some sort of code similar to the Halakot Fesukot.


Fol. la begins with

-ps

nnryn.

.3 nyo ?!
1

mra ? nmnN ns
1 1

tiit xb

(comp. Berakot 62a J.

Then

follows a paragraph
It

marked n which deals


I

with the laws of writing a


"131

scroll.

begins with H31D


is

?
1

nwyb DIN

3'n

H3 fcomp. Sukkah 133b), and


1

followed by iry ?**

pyotP p-|

'131 piTIQ ?

|"3D

YNO

'3T D1B>0 "lOlN (comp. Sifre


this

Re 'eh,

section 61,p. 87b.


Fol. lb

ed.

Friedmann, where

statement

is

ascribed to R. Ishmael).

continues this paragraph as far as DJ'H^N 'nb

tvyn xb

(our frag-

ment has 'JIN


begins with

'3B7).

Then comes a new paragraph marked a which

'131

j'pnojz; niO'tP ~\b

(comp. Shebu'ot 35a).


]1J3 "?3N.

This page
four words

ends N'wn by

pOlK EH MlUm nU3n bm7\

The

last

are from Afai\ye&e/ Soferim 4.9.

See description of No. 137.


fol.

Some
ot

leaves are missing between

lb and 2a.

The two

leaves

No. 137 are to be inserted here.

40
Fol. 2
is

THE JEWISH QUARTERLY REVIEW


part of a theological treatise written in vulgar Jewish-

Arabic.
It

It

divides

prophets and

prophecies
'3

into
'S

four

categories.
3'11

begins with

D'33 '331 D'JO

T^in

"ON ]Ny ,_no

Vp H31

NO.

Both the Hebrew and the Arabic are badly copied.

Words and
Almost

even sentences are omitted, leaving the paragraphs disconnected.

The orthography
in
is

of the Arabic part


'

is

vulgar and phonetic.


i,

every easel and

are put after a short U and

respectively.
.

represented by N even where Arabic has


placed on any
letter.

as N/>y = ^ic

A long a Xo dia=
p^> j*

critical points are

1 stands for

^
is

as y'TID

The word

]N after

yTIO

in the

above quotation
ba' den

a kind of enclitic,

and should be compared with


It
is

= " after"
for the

in

modern Arabic.

also possible that

it

merely stands
is

nunation

= maudi'in.
The
first

When
it
'

the

"?

of the definite article

assimilated to the following letter


*A\ (J
,
;

is

entirely

omitted.

Thus

'3ttt=

mN = J Ul
a.

in
,

TDN
l

doubtlessly represents e=classical

curious spelling

is

n 01N 7N = <*Y\.

Two parchment
Size

leaves,

forming the outer sheet of a


cm.).

fascicle.
is

5^X4^

ins.

= 14X11.4
fol.

Number
twelve

of lines
lines.

on each page
Oriental

thirteen,

except

2b

which

has

square

character with a tendency to cursiveness.

[Adler.]

137
Part of a code or theological
treatise
'1

in

vulgar Jewish-Arabic.
is

The
a

first line

of

fol.

la

is

^"?pon

vrhv (read 3'n) 3in which


is

the

continuation of N'tPJH

*?y

fnoiN EH.

The sentence

not finished, and


first

new
I

treatise in Arabic begins in the second line.

The

few

lines

are as follows:
"? ,1 ?3

"trOD^N TTVyi ^jhb


'pON

"p^N nV ?
1

10rr?N

pmK rb* DD3


till

?N MS)
lb,

0' ? rrrt
1

nrON

"?

n'n.

This preface continues

the

end of

but

is

not finished, as

some leaves are missing between lb


the
following:

and

2a.

The

latter

begins with
o'jyj in

ON^N

11 n

H31
^ipo

D'Dp:n

mDp dj K^y

war

on NyiN H'Ki hj

*7Npi *?N'n

DDpN yoiN
Fol. 21)

N*?y D'Dpjn

rvm

rrisa^K.
'30 "7131

ends with this sentence OlHO^yN DCN N^N 'V

y^lD

ponnrn picynND DUJN.


this

The words

o'Jl

NO

of

fol.

2a of Xo. 136 complete

sentence.

For the description

<>f

the orthography see


n<>

No. 136.

In

this

fragment we see thai the copyisl was by

means

consistent, for he

GENIZAH FRAGMENTS
lias

IN

PHILADELPHIA
spelling
is
is

HALPER
DUX
for

41

here

'DJ^N.

very
is

interesting

*liJl
o.
le-

]"i^ynD= Jj*a*~*>.

This

the only case where N

used after a short


sheet of a
lines
fasii
i<

Size

Two parchment leaves, forming the outer 5X4$ ins. = 14x11.4 cm.). Number of
(

on each

ranges from eleven to fourteen.

Oriental square character with a

tendency to cursiveness.

These two leaves are to be inserted between


No. 136, as la of
this

fol.

lb and

fol.

2a of

fragment

is

a continuation of lb of the other,


[Adler.]

and 2a

of that

fragment continues 2b of this one.

138
Part of a code, in Jewish-Arabic, dealing with the laws of marriage

and divorce.

It

may

belong to Hefes

b.

Yasliah's

Book

of Precepts.

A
(

piece of parchment, badly

damaged, measuring
least

5^X4^

ins.

= 13.2X11.4

cm.).

There were at

eighteen lines to a page.

Square character with a tendency to cursiveness.

[Amram.]

139
Part of a Jewish-Arabic

compendium

of talmudic laws, probably

by Samuel
Fol.
1

b.

Hofni.

The two

leaves are not continuous.


fol.
1

deals with the laws of inheritance, while

treats of the

'aws appertaining to a hireling.


in

The

leaves that followed, as stated


selling.

the last line of

fol.

2b,

were devoted to the laws of buying and

Two
a fascicle.

paper leaves, slightly damaged, forming the outer sheet of


Size 8sX5f- ins.
(

= 20.6X14.4

cm.).
is

Number

of

lines

ranges from fourteen to fifteen to a page.


the margin, lengthwise.
to cursiveness.
[U. P.]

There

some writing on

Oriental square character with a tendency

140
Part of a
in

compendium

of the laws of Sabbath, which seems to be


It

the same style as the Halakot Pesukot.

follows the arrangement

of the

Talmud, but not as

closely as Al-Fasi.
of tractate
*?y

These two leaves cover the following parts


Fol.
l

Shabbat:

=62a (omn rvby

wv

nyata) to

66b (bun va

o^iaya]^

vv

]'a

njnri).

Some

leaves are missing between

fol.

lb and 2a.

42
Fol.

THE JEWISH QUARTERLY REVIEW


2=73a
("IpTD.
.

.mm

to 74b

(MTsn T3jn ]N0

'KTl).

This

is

followed by a long explanation.

Two parchment
fascicle. Size

leaves,
ins.
(

damaged, forming the outer sheet


cm.).

of a

7fX5f

= 19.7X14.9
[U. P.]

Number

of lines ranges

from twenty-six to twenty-nine to a page.


slight

Square character with

tendency to cursiveness.

141

Probably part of a
Terefah.

treatise,

in

Jewish-Arabic, on the laws of

The author
unfit for

explains the various accidents which render an animal

consumption, and enumerates the eighteen cases mentioned

in Hullin 3.1.

He

states that he previously explained the principle


NCTTIS,

underlying the laws of that Mishnah (HTDSn N3Dip ip hxvbx


verso.
1.2).

One paper
There are eleven

leaf

measuring

4^X5H

ins.

= 10.6X14.4

cm.).

lines to a page.

Square character with a

slight ten-

dency to cursiveness.

[U. P.]

142
Part of a treatise,
in

Jewish-Arabic, on the laws of property.

The author
married

discusses the selling of cattle as well as the rights of a


to sell her property.

woman
b.

Hefes

Yasliah, Samuel b. Hofni, Hai

may

be mentionned as

the probable authors of this code.

A piece of parchment, badly damaged, measuring 5^X5s ins. = 14 Xl4cm.). About nineteen lines to a page have been preserved.
[Amram.]

Square character with a tendency to cursiveness.

143
Part of Tur

Yoreh De'ah by Jacob b. Asher.


$40.5),

Hilkot Keri'ah.

Recto begins with nor Z2~

and verso ends with D*3D"ini

ov u'vhv ^d nro (340

'

This fragmenl belongs to the same codex as No. 144.

One parchment
5\

leaf,

badlj

damaged and
turn

faded, measuring

ms.

19.2X14.() cm.).
pari

Twenty-eight
i-

lines

have been preserved

to a page, but the lowei

off.

Cursive rabbinic character.

(Amram.

GENIZAH FRAGMENTS

IN

PHILADELPHIA

HALPER

43

144
Part of Tur Yoreh De'ah by Jacob
b.

Asher.
(356),

Hilkot Keburah.

Recto begins with


361

Dnr

-ira>

IN

myo

and verso ends with

This fragment belongs to the same codex as No. 143.


ins.

One parchment leaf, badly damaged and faded, measuring 8X5fJ = 20X.314.4 cm.). About twenty-eight lines have been
(

pre-

served to a page.

Cursive rabbinic character.

[Amram.]

145
Brief extracts from Shulhan 'Aruk, Orah Hayyitn, Hilkot Keri'at

Shema'.
It is headed ymv nnp 'JH, and has oms "?y D!TT jn' ? pmj, and many other short sentences. The last line is n6 y'a&n^ -]H3 VS3 VX1D0 HO.
1

One paper
has fifteen

leaf,

measuring

6fx 4
is

ins.

lines,

while verso

blank.
is in

= 16.8x10.1 cm-.). Modern Ashkenazic

Recto

cursive

character, except the heading which

a bold square hand.

[Amram.]

146
Part of a
Fol.
1

commentary on Shidhan 'Aruk, Orah Hayyitn.

deais with paragraphs 307, 308.

Some

leaves are missing

between
284.

fol.

lb and 2a.

Fol. 2 contains notes

on paragraphs 282-

The appearance of

the fragment does not allow the changing of the

order of the leaves.

Two

paper leaves, badly torn and faded, forming the outer sheet
Size 6|

of a fascicle.
lines to a

XH

ins. (

= 16.8x11 .4 cm.).
[Amram.]

There are eighteen

page.

Italian

character.

147
Jewish- Arabic, dealing with the prohibitions against robbery and oppression.
It

seems to be part of a

treatise, in

Recto and the

first

part of verso treat of the laws of inheritance,


his sepulchre

and
This

it

is

assumed that Phinehas inherited

from
,(

his wife.

is,

however, a digression, as the author remarks:


"I3T:

?n jN^N

ym

O^NBoVn
tion
is

'Let us return of '3 ?


1

now

to the treatment of wrongs.'

Men-

made

'3r

NaN^N

"IDS.

44
One paper
14.6 cm.).

THE JEWISH QUARTERLY REVIEW


leaf, slightly

There are fourteen

damaged, measuring 8x5| ins. ( = 20.3x Square character with lines to a page.
[Amram.]

a tendency to cursiveness.

148
Recto
Arabic.
is

part of a table of contents of an

unknown code

in

Jewish-

This book had at least twenty-two chapters.

This page

begins with the mention of the seventh chapter, and the words 3N37N

3"3^N are
light;

legible

towards the end.

Chapter

dealt with silver...

chapter 11 with milk and cheese; chapter 13 with a man's wife;

chapter 17 with prayer; chapter 18 with writing; chapter 19 with building; chapter 20 with

women.,

heirs.
it

Verso seems to be the preface of the book;


tion

begins with a quota-

from Ben Sira rb^X

'm

[]TD

hup.

One paper
(

leaf,

badly damaged and torn, measuring

8|x4|

ins.

= 20.6x1
page.

cm.).

There must have been more than twenty

lines to.

Square character with a distinct tendency to cursiveness

[Amram.]

149
Part of a code,
tural readings
in

Jewish-Arabic, treating of the laws of the scripritual of the festivals.

and the

This fragment deals

with Tabernacles and Hanukkah.

One paper

leaf,

measuring

7gx4

ins.

= 18.7 x 1.

in.).

There

are seventeen lines to a page.

Square character with a strong tenden-

cy to cursiveness.

[Amram.]

150
Pari
of a code, in Jewish-Arabic,

on Jewish

ritual.

This seems

to be the beginning of the code, as recto had been blank, but later

some
"IB>N

one wrote
D'EHpnon.

down

in

bold

square

character:
is

D7iya

rwnnon
t

Verso which has twelve lines


to give the laws

headed nDD^N n ?

,l

DHp,

and the writer proceeds


I

when

the Seder occurs on


is

riday night.

The

first

portion of the Kiddush


ins.
(

quoted.
cm.).

One paper leaf, measuring 6 \ <4j

= 17.1x11-7
[Amram.]

Square

character with a tendency to cursiveness.

GENIZAH FRAGMENTS

IN

PHILADELPHIA

HALPER

45

151
Part of a code,
in

Jewish Arabic, on Jewish

ritual.

Recto contains laws concerning the various prayers, some


are quoted in
full.

of

which

Then

follows a chapter headed

DNyu^N nN2:i
length.

(the ritual obligations in connection with food).

Verso ends with the


full

beginning of Grace after Meal, which was probably given at

The Hebrew quotations


These prayers
Is
it

are vocalized, though not quite accuratelv.


variants.

offer

many important

part of Sa'adya's Siddur';


leaf,

One parchment
Recto has seventeen

measuring 5\ X"H

ns

= 14x10.4

cm.).

lines,

while verso has eighteen. Square character.

[Amram.l

152
Part of a treatise, in Jewish-Arabic, giving detailed directions for
the performance of marriage and betrothal ceremonies.
as well as the

The

blessings

Ketubah seem

to have been given in


latter part of the

full.

Recto begins with the

Ketubah fypnpon

]'3

^B^BDO ]'3l), which is followed by NOW l^lTp^N IpJ? ^mrrJN NTH PDN ] ...tOD^K 10 N[D]ND K^D jN 1HS (I'DJITN rD"U 3'nin.
1

It is

to be

noted that, as

is

usual

in this

kind of literature,

3'mn

stands for ~nD.

One paper
(

leaf,

slightly torn

and faded, measuring 7x5|

ins.

= 18.7x13

cm.).

Number

of lines ranges

from seventeen to eighteen

to a page.

Square character with a tendency to cursiveness.

[Amram.l

153
Digressive discussions,
in

Jewish-Arabic, of talmudic subjects.


b.

Recto deals with the apostasy of Flisha

Abuyah,

and various
gives his

opinions from rabbinic literature are quoted.


sources (as raiyi

The author
He then

zbh pis

H31D3

TD^n^S

'S

mam).

deviates

from

his subject,

and explains the


measuring
is

initials 3B>p "ITS


ins.
(

One paper
[U.P.]

leaf,

|xo

= 23.1x15.2

cm.).

Num-

ber ofjjines to a page

twenty-two.

Oriental

cursive character.

46

THE JEWISH QUARTERLY REVIEW


154

lengthy discourse on the talmudic principle of Bererah.


all

writer discusses the principle from

points of view, and cites


2,
1

The many
.

talmudic passages, as well as O'JINJn '"Dl (verso, column

14)

and D"nsnXTI

'33-1

'Din

{ibid.,

1.

15).
ins.

One paper
are

leaf,

measuring \2\ X&2

(=31.1x21.6

cm.).

There
lines.

two columns

to a page, each

column having thirty-three

Italian cursive character.

[Amram.j

155
Part of a gaonic

responsum on calendation.

It is identical

with

responsum

ascribed to R. Hai in D'JIKJn nuiBTl, ed. Lyck, 1864.


I'JQipiP
1

Our fragment begins with rwn DN


BniTI D1 (Lyck,
p. 4,
1.

HD

'S^l nDino N1H '"in

17).
1

and ends with D3 ?


p.
6,
1.

131E>

orb "DON

l"?

'37

Vavn

-| ie;

03 THJI dd^hn

{ibid.,

3).

On
text.

the whole our fragment agrees essentially with the printed


are,

There

however, a few variants which are mostly scribal

errors either in this fragment or in the manuscript used for that edition.

Instead of -pis'? njcn


"131

"IUJ?

DVn

(Lyck,

p. 4,

1.

20) this frag-

ment has

TQDB> which

is

obviously a scribal error.


ntt

On
of
3.

the other

hand, our fragment offers a better reading for

O'N'SJn lysin ~|31

bxrw
ment
ibid.,

(Lyck,
is

p. H,

1.

4), as

it

has ISTOn.

The

spelling

D3Np
1.

our fragSee also


print-

preferable to n3Np of the printed edition, p. n,


4, p.
1.

note

HO.
16,

The

following variant

is

interesting.

The

ed text,

p. n,

has myue>
103.

yvx

l'Ni

D'enn ynov oipob, and our

fragment adds C'DISH

Some words

of our
is

fragment are provided with Tiberian vowels,


not always correct; thus
1'3?.

but the vocalization

Eight paper leaves,

measuring

7|x5H

ns

= 20x14.4

cm).

Number
tal

of lines

on each page ranges from

fifteen to sixteen.

Orien-

square character with a strong tendency to cursiveness.


fascicle

These
string.

eight leaves form a


[Adler.]

and are fastened together by a

156
Part of a collection of nsponsa by R. Hai Gaon,
Fol.
la
is

almost entirely faded, but the names .min"

]2

TVyW

]"loy "13 -|TQ3, ntPD "13

W; are

still

isible.

This page seems to have

GENIZAH FRAGMENTS
h;i<l

[N

PHILADELPHIAHALPER

47

two short responsn.

It

has a complete responsum, dealing with

the question whither locusts belong to the class of forbidden food,

and the beginning


lb and 2a.

of another.

Some

leaves are missing between

fol.

Fol. 2 contains the greater part of


II,

two responsa.

Published by L. Ginzberg, Geonica,

pp. 43-47.
fsacicle,

Two

paper leaves, forming the outer sheet of a


faded.
Size

badly

damaged and

7x5i^ins.

= 17.8x13.5.

cm.).

Num-

ber of lines ranges from eighteen to twenty to a page.

[Amram.]

157
Part of the collection of responsa

known asD'Dtfn

]0 T\"W

by Jacob

ha-Levi of Corbeil or Marvege.

Each responsum has the question, which begins


the answer beginning
"Q'BTIl.

Tl7NB>

11J71,

and
let-

All the responsa

are

marked by

ters of the alphabet on the margin.

From

these letters

we

infer that

there was a

much

larger collection than the

one given at the end of the


latter contains only

Leghorn edition of T"3~nn D"W (1818).

For the

ninety-six responsa, while this fragment has a


(see also below,

responsum numbered 406

No. 158).

Fol. la begins with the last few lines of

responsum 360 (=49

of

printed edition); responsum 361


tion on the phylacteries.

= ibid.,
is

2)

deals with the benedicis

The question
Geonim.
(

whether the law


is

accordFol.
(

ing to Al-Fasi

or the

The

reply
51).

torn

off.

lb

has the end of responsum 364


ibid.,

= ibid.,

Responsum 365

39)

is

about those who eat during the interval between the


Is
it

af-

ternoon and evening prayers.


or not?

a sin, as

is

the opinion of R. Jacob,


fol.

The

reply

is

torn

off.

Some

leaves are missing between

lb and 2a.

The

latter

has the end of responsum 403.

The

writer

remarks that when the answer reached them they rejoiced greatly

Responsum 404

deals with the ablution on the


is

Day

of

Atonement.

Responsum 405

about the reason

why

it

is

necessary to blow n'lETl


Fol.

on the shofar at the termination of the Day of Atonement.

2b

continues this question, and responsum 406 deals with the blowing
of the shofar at the conclusion of the prayers

on

New

Year.

The

manuscript breaks

off in

the middle of the answer.


is

Although the writing material

different, this

fragment seems to

belong to the same codex as No. 158.

48
I

THE JEWISH QUARTERLY REVIEW am


indebted to Prof. Louis Ginzberg for drawing

my

atten-

tion to the printed edition.

One and

a half paper leaves, badly mutilated, forming the outer


Size
fol.

sheet of a fascicle.
of lines to a page of
is

10|fx71
1,

ins

= 27.4x20

cm.).

Number

of

which only a half has been preserved,


Square charac-

ten, while fol. 2 has twenty-three lines to a page.

ter

with a distinct tendency to cursiveness.

[Adler.]

158
Part of the collection of responsa

known

as Q'QtPn ]0

n"1E>

by Jacob

ha-Levi of Corbeil or Marvege.


All

responsa are marked by letters of the alphabet.


last

Recto begins with the

few

lines of

responsum 414
it

= Legneces-

horn edition, 62), which deals with the question whether

is

sary to take out the lungs of a slaughtered animal in order to examine them.

Responsum 415

= ibid.,

60) deals with the statement of

the

Talmud -puDI Kim

(Hullin 48a).

The

question

is

whether the

perforated lung has to be grown together with the flesh or bone.

The

answer

is

indirect, but the writer concludes that


flesh,

if

the lung

is

not grown
(

together with the


21)
is

the meat

is

unfit.

Responsum 416

= ibid.

about a certain mode of plucking the feathers and the salting

of poultry.

Responsum 417

= ibid.,

19)

deals with the custom to

read the Shema' of the evening prayer before the stars appear.
continues this question.
question whether
ing the
decision
it is

Verso,

Responsum 418

= ibid.,

23)

is

about the

permitted to recite the Thirteen Attributes durif

Ten Days
is

of Penitence,
it.

less

than ten men are present.


(

The

against
it

Responsum 419
some places

= ibid.,
is

25)

deals with the

question whether

is

appropriate to read the Kiddush and Habin


it

dalah

in

synagogue, for

customary not to do
is

so.

The fragment breaks


affirmative.

off in

the middle of the answer which

in

the

This fragment, despite the different writing material, seems to


belong to the same codex as No.
it

157.

Judging from the numbers,

is

evident that not

many
leaf,

leaves are missing between Nos. 157 and 158.

One parchmenl
(

badly damaged,
of lines to a

measuring 10xx7s
is

ins.

=27.4x20

cm.).

Number

page

twenty-two.
[Adler.]

Square

character with a distincl tendency to cursiveness.

GENIZAH FRAGMENTS

IN

PHILADEPLHIA

HALFER

49

159
Recto has an inquiry,
in

Jewish-Arabic, addressed to Abraham,

together with his autograph responsum.


b.

He

signs his

name Abraham
The
inquiry

Moses, and he
entire

is

undoubtedly Abraham the son of Maimonides,


is

and the

document

apparently an autograph.
is

consists of twenty-six lines, while the reply

written on the left-hand

margin and has


the
first

six lines.

The

inquiry

is

divided into three parts,


]D

and

third of

which end with D'OCH


\>"\2D 1~DIP1
.

^ISJ TOBM

ir3"l

um\

while the second reads )DN

.The second has the mistake

U'STl.

Reuben has a wife who owns


and
died. Should the

half of a dwelling valued at six

dinars; he pledged the dwelling to a creditor


dinars,

whom
If
it

he owed eight

widow pay the debt?

Reuben owned
to

the other half of the

same dwelling, and bequeathed

some

of his

children, should the debt be paid from the half belonging to the widow,

or from that belonging to the orphans?

Should the laws of

inheri-

tance apply to the other children (the bequest having been


the laws of the Gentiles)?

made by

Yerso was then used

for

copying down some poems.

It

has two

columns, and number of lines to a column ranges from twenty-eight


to thirty.

Square character with a tendency to cursiveness.


1

Column
1

seems to be headed
I.

'am

'0 [B>3].

(col.

1,

1).

A
' 3 -.

dirge,

probably by Moses ibn Ezra or Ibn


first
is

Gabirol,
"?3n n^ra
2

rhyming

in

The

line

reads bin

umn

HQ

'"ixn

HO

~pnp3
1.

,!

? 1'Nn.

The meter

Kamil.

(col. 2,

1).

A
"\~lXp

short poem,

rhyming

in

.-.

The

first line

seems to be

['bo]

Dm^HD iy
6a,

131

7N0 "|HDn

H12

(Wertheimer,

D^Tirwl D^EWl?
is

P"I3T, p.

where there are

errors).

The meter

Kamil.
3
(ibid.,
1.

6).

A poem by Judah
vol.
I,

ha-Levi beginning
vol.
II,

*]13

HS'

(Harkavy's edition,
4
(ibid.,
1.

p.

7;

Brody's edition,

p.

167).
"IITN

16).

A poem

by Abraham ibn Ezra headed


1

b"l Niry ]3
tion, vol.

D13Na,

and beginning WB: nrr?3 CTmN ?


p. 187).

(Rosin's edi-

II,

Xo. 17; see also Egers' edition,

The page ends

with nhHb: b:

mm
leaf,

rhb -romm bnj.

One paper

damaged and
[Sulzberger.!

faded,

measuring

10fX7g

ins.

(=27.6x20

cm.).

50

THE JEWISH QUARTERLY REVIEW


160

A
. .

table of contents, in Jewish-Arabic, of a

volume

of various

responsa.

The

first
1

three lines of recto read:


1

iTVrO b'NDO ITS 10


."?.
.

.nrsDn

p it ?

mrr ?

-imo.

.d'w

irm
bap

jn

^'ndd touk n"?i.

Twelve responsa by R. Nissim seem


lows pnidn^ni nprsVs
's 'spd' jo 'by-

to be enumerated.

Then

folrpfli,
is

't-'ndo

roiiK

ktm

and

five

more responsa are mentioned.

The

writing on verso

in

the opposite direction, and gives headings of twenty-three subjects


treated at
full

length in the responsa.

The

sources from which the

statements of the headings are excerpted are given on the right-hand


margin.

Thus opposite rrobn


NJJ'XO 2"D.

lrrspntp.

.'KJDJ?

bw

nun

inoi

is

marked

(the

number 2"3

refers to the responsum).

The

ends of the

lines are torn off.

This fragment belongs to the same codex as No. 161.

Two
one
leaf.

pieces of paper, torn

and badly damaged, belonging

to

When

pieced together, they measure Q

x5|

ins.

= 22.8x
[Amram.

13 cm.).

There must have been more than twenty-three


with a tendency to cursiveness.

lines to a

page. Square character

161
Part of a collection of responsa.

Recto
siveness.
DNJD(?),

is

in

Hebrew,

in

square character with a tendency to cur*]DV

L.

13 has the superscription:


it

milT "To ? nJO


1

3"

,i

?N

and

deals with the laws of partnership.

On
is in

the margin are given the references to talmudic passages,


spelling nttltP

and the peculiar

and ]'nDS may be mentioned.


is

Yerso

a Spanish cursive hand, and


in

written in the opposite direction.

It

is

Jewish-Arabic, and contains the end of a responsum which

probably dealt with the laws of buying something from a Gentile before
Passover.
This
is

followed by a responsum treating of the case of a

man who

sold his dwelling.


1(>0.

This fragment belongs to the same codex as No.

piece of paper,
it-

damaged on
Its

all

sides,

and
is

it

is

impossible to
ins.
(

determine

original length.

present size

5iVx5iV
on

12.

9x13.2
[Amram.

cm.).

Fifteen

lines,

have

been

^reserved

each

side.

GEXIZAH FRAGMENTS

IN

PHILADELPHIA- HALPEK

51

162

A
lin

responsum by Joseph

l>.

Moses

of Trani

on Jesus.
'"3

It is

headed

,V"n airo ,ryp '^ n'n^?

*a"tt3

nwo

Yimoan

nuwn

m^Ntya N*ro

1W

'"in

-PO^ra TION p'n 10 'rNEH n.


in

This responsum, which

could not be traced

the printed edition of Trani's responsa, ends


'3J

on

fol.

2b,

1.

4 (the rest of the page being blank) with

yonv 'D3

.tum^n
raan
1

sin

i^on

'NT 'D'3 ,N"yin d's^n

'3

raw

-i^w ana

.n'rns

p yenn

pa ?

b"d-i raw.

Four paper
end of a book.

leaves, the last

two
ins.

of which are blank, forming the


(

Size

7^x5^
first

= 18.3x13.4

cm.).

There are
Italian

about twenty-two
cursive character.

lines to a page, apart

from marginal notes.


every paragraph
is

The

word

in

in

square

hand.

[Amram.]

163
Part of a discourse or repsonsum,
in

Jewish-Arabic, concerning

the laws of sacrifices and ritual cleanness.

The
D'Jitan.

writer quotes, apart from talmudic authorities, the EHI'S

One paper
X18.1
cm.).

leaf, slightly

damaged, measuring 9^X'|


lines to a

ins.

= 23.5

There are twenty

page.

Square character

with a distinct tendency to cursiveness.

[Amram.]

164
Part of a responsum,
in

Hebrew, concerning the laws

of Passover

A
torn

piece of paper, badly


Size

damaged, the upper part being


(

entirely

off.

5|x8f

ins.

= 13x22.5
all

cm.).

On
Verso

recto eleven lines


is

have been preserved, though not


character.

are legible.

blank.

Square

[Amram.]

165

lengthy responsum,

in

Hebrew, concerning the laws


is,

of usury.

Fol. 2b
illegible.

seems to have the writer's signature, which

however,

Two
teen,

paper leaves, measuring 8|


lines to a page,

x6|

ins.
fol.

= 22.2x16-8
cursive

cm.).
six-

There are thirty-six


the
rest

except
blank.

2b which has only

of

the

page

being

Late

character.

[Amram.]

52

THE JEWISH QUARTERLY REVIEW


166
Part of collection of

talmudic discourses,

in

Hebrew, probably
the nine2a begins

belonging to the end of the eighteenth or


teenth century.

beginning of
fol.

One

discourse ends on middle of

lb.

with a discourse on niDIS rfTJH n^'Sn


fol.

m "ION
ins.

(Yoma

88a); although

2b

is

blank, this discourse does not end on 2a.

Two
Number
Fol.
is

paper leaves, measuring


of lines ranges

8|x6s

= 20.9x17-4

cm.).

from thirty-nine to forty-three to a page.


lines,

lb has only twenty-three

the lower part being blank; 2b

blank.

Cursive European character.

[Amram.]

A MANUSCRIPT MISCELLANY
Bv H. Brody, Prague
A. The Manuscript and
its

Contents.

About
was then

ten years ago


to send

my
me

friend Dr.
for use a

Samuel Poznan-ki
manuscript which

was good enough


in

the possession of the Karaite

Xe'eman

in

Eupatoria and to

whom

presumably

it still

belongs.
in

The
prose

manuscript contains

many poems and


the

letters

and rhymed prose whose authors belong and countries.


mainly
in

to different times
interest

In

beginning

my

centered

a series of partly unedited, partly altogether


Gabirol,
I

unknown poems by

Moses Ibn Ezra, and Judah

ha-Levi; but gradually

found that the works of the other

authors also deserve attention.

On

the basis of notes

which
I

jotted

down during my
to

perusal of the manuscript


description, which

was enabled

draw up the following


piece.

is

so couched as to give the scholar sufficient information

about every single

The

description,

venture to

hope, will not suffer from the historical, biographical, and


bibliographical data, which
I

thought

fit

to

add

to

it.

There

is

not

much

to be said

about the outward apin octavo.


It

pearance of the paper manuscript

belongs

to the first half of the seventeenth century

168 leaves.
while

Fols. N

and comprises
letters,

'

are

numbered with Hebrew

the following are provided with Arabic numerals:


74a, 74 b,

1121, 3374,
script,

7599; the

rest of the
fell
I

manusuch

through the fault of the binder,

into

confusion that, for the purpose of description,

was forced

54
to

THE JEWISH QUARTERLY REVIEW


adopt a new pagination for the leaves 100
is

178,

and

this

pagination
in

the only one used in

my

notes.

The

materials

each of the following parts of the manuscript are closely


Fol.

connected:
104a,

N21, 3344a,

4980, 8499, 101

106113, 114119, 120133, 134135, 136137,

138139, 140a, 142 149a, 153155, 157b 158, 162


178a,
I

To make

the description
in

more

clear

and

distinct

have divided

it,

accordance with the contents, into


I

twenty-eight groups, which are designated


Fol.

XXVIII.
this descrip-

44b 48b, 81a 83b,

141,

149b 152b, 156a


by a more

157a, 159a,
tion.

160b,
100,

have been omitted from

Fol.

105a,

and

161, contain notes

recent hand which are without value and difficult to read


or altogether illegible.

On

fol.

44a

is

found the name


,(

w of a former owner ]DH: S *in3

b'KlDtC

'xn

?B>.

After these prefatory remarks

let

us proceed to indi-

cate the contents of the manuscript.


I.

Fol.

Na rib:

]orn

nnno, Abraham
number
trao)

Bedarshi's

rosnnnn
nated as

3~in

with both concluding verses, which, desigthe


of verses in the

JD'D, indicate

poem.

The antecedent
of G.
I.

verses

(tin''

found

in

the edition

Polak (appendix to

msn

omn, Amsterdam 1865)

are wanting here.


II.

Fol.

nb

11a:
of

uji

'nyo 'in ]u:n

-inriB>

vp, a

poem

in

imitation

Bedarshi's rDDPtnon n~in, likewise

consisting of 248 verses.

Beginning: '3313 N3X

~rrv

pn

n'Wi 'nx'^o lyn^ 'TO?; at the end two verses (not designated as ]D'D)\
III.

D^i
11a

D^an

etc.

Fol.

15a:

correspondence

between

Solo-

mon

Ibn Labi and Joseph Ibn

Yahya

(the parts attributed

to Ibn

Labi have been ((imposed by Solomon da-Piera;

A MANUSCRIPT MISCELLANY

BRODY

55

comp.

my

Beitraege zn Sal. da-Pieras Leben itnd Wirken,


1).

Berlin 1893, p. 10, n.

The correspondence
1

consists of

the following parts:


a)

N'rv

'1

*)DV

nt3'o Dan ? nrvbv

nmo
']

(the super-

scription quoted

by Steinschneider, Hebr.
"nanon iN^y ^"r

Bibl.,
1

XV,

55,

notes the following:

wa^

no ?^ 'in qvi

h"\\ the ~iano is da-Piera), beginning: ^lar 'aaia 'ob> *?a

ox

mi,

thirty

verses together
/.

with the acrostic quoted bv

Steinschneider,
b)
"\h

c.
1

*nrbm inawn ins

!,

beginning: rn'jna nn ?^
1

"?n 'n

rmi3

"?ian
c)

V0, three

verses.
1

nbw) -ny a^ynn ? ^la' nV

a 'ns-ip ?
7
,

nit Kin a:n

ion

nai vmi'or

mora
(P'J'y)

hjb oyo

,!

three verses, beginning

d)

'n^iam

inpsj

'jni

(!)

|in
-

vyn nx Nr
vinx

-irmi

arjn rriTBie naPN V3s^> -jnyNi


'a ?
1

muT

'nsp

'nsDim

^n 'mai nai *aaVai 'sa dp

-ipn nn'tp

nni nniwi;

then follows a
jiiotn
"?y

poem

consisting of 42 verses, beginning:

DHpa!? ninn, preceded by the following two

verses as JO'D:

'a^ *yp

!rrn

Bqpv iy-r

ns
'tf

^iy
1

D'p;
1

TV?

^o tw

nnp

.^i ? -ion

-?!

yprtp nrrirh

(The

last

word, an allusion to the name of the adin its

dresser Labi yields at the same time,

numerical

value (42), the


e)

number
,

of verses in the poem.)


'ran

did -ibdd d

d-

o'Ttpn roa*an ipn

*?y

-ny

iNia,
i

the following 2 verses:


MS.
lyTinnD; comp. Gen. 45.1.
is

The manuscript

unvocalized throughout;

have added the vowels in

this

piece and also in the pieces that follow.

56
3

THE JEWISH QUARTERLY REVIEW


*ip"p
4
.

nrpa Tfiria "dp ?


1

i&a

nyn 'rya-^s
irpnn

*1Dv

Kianr nmsrrnN
'd:n
r

wan
n'rx

t&
th
7-r

f)

pnn*yn

nn D3nn ^s?

nm
1

yo^ro

?y D'psnnDn
b]dv

nn
v?n

^y ps-inno *jdv psNnn? 713 k5i


"ia*ro
[r.

-mym
"iidn'i

i^o

pp'i

7ip3] tit
7

(i^ipa)

y-iop?

rns

nmiN
nan

nay Ta
-p

]n-i

nna

lNia'
,!

r^o xax ^ina

runna d'dn nnN n:a

lN'a'i

vnrrn nmtpm ran

D3n n:n orvtPN-i iD*y hot anr 'dVnd

mm
a)

iip'

no

vr.

This superscription
verses,

is
1

followed
*7iy

by
;

two introductory
a

beginning D'D

nnbwb

6)

poem beginning
axnDD

mo

,_

irw D'ynr r'X' Dina, 41 verses (one verse has thus been
;

dropped)
1X1 tin
g)

c)

the ]D'D for the

number

of verses, beg.

"in

(rhyming word

'"73

42).
ain

Without superscription:
again 42 verses,

7y

nN pop tins

mono,
VJHN

the p'D following begins thus

7N anpa 13733; the reply of Ibn Labi.


i.

h) 17 niy,

e.

Ibn Labi to Ibn Yahya:

'aTwa vfo

nb}

mi

\tn

ona ^n'tf nrno nwa


'a ?] '?s?
1

'/anpa 'aV"Drn 'mi 'nn


IV. Fol.
follows:
1.

^b v&x nin
da-Piera, as

15a

20a:

Poems by Solomon

irra ?

3iti> 7

dodhbo

N3i nt?D 'in D3nn nx^ 'nr^i?


Bibl.,

^yaw

fis?

comp. Steinschneider, J/e&r

XVI,

86.

Next a short poem

of 14 verses, beginning nns

'ill

TI37 ]OT

DnytP; then follow two introductory verses:


7

ni3"iya b& bbr\D ~iddd3


rrjor ^ipzi

nia"i riDto
s,

"^ '"b^rr

niana rw? Teh


Comp Gen
P
1

;n3 *p"ia |?
<

tt

U.57 and 43.24,


bei

Gen. 43.25.

19.4

Comp.
recited

Ps. 63.6.

hundred

which are i"

b<

daily

(Menahot

43b).

63.5;

M&

TO3T3M.

MANUSCRIPT MISCELLANY

BROD1

57

This would imply that the laudatory poem beginning


-|Xsn nna bx
-|<?

ne>3

nil

originally

numbered 100

verses,

but now

it

contains only 96, four are wanting.

The

]0'D

of three lines begins with the


2.
'3i!?fl

words onon nra nyp Q'pon.


1

!?npa lONj

ny nrn ? -naan Dnann


in

'n<?,

sharply pointed epigram of the kind often met writings (eomp. my above quoted Beitraege,
M

da-Piera's
reads:

p. 14); it

1 ^R "|ina jdw
lo
.

n32on

is; ?
1

*|jro jofc

tid -nono

tt
'nanai

hn ii; ?
'as

jio'p;

p^
1

-j D^iy nio?

3.

onsra D'mna

^ap

'i!?s

'in rr!?iyon
i

d^
1

(men)
n?m
atory
n
1

nsiD r^y maya D'oinj

101N1 jyl

mo
'aipa,

onan

'nana n

-\&xb n"a
'a!?

v"?y un^Jl

prn [mas]n.

Beginning:

?^

9 introductory verses,
5 verses,

then the ]0'D,

beg. -aaN |or

vaana,

whereupon follows the laudto


3 of the introduc-

poem proper
]Or.

consisting of 90 verses, beg. idn ova


1.

O'^an pbn

The same poem (up


fol.

tory verses) occurs also


scription
ations),

(^y
in

"?ap for '33

104a with the same superbnp, otherwise only slight vari-

which the addressee, ntwaaa

^nti ]H,

is

named.
4.

ansa

11K'

nspa

"nn
inax

?,

33 verses without super-

scription

and the following


73D

JO'D:

Than

rrrn

h^ p^a
Ilebr. Bibl.

irzinx ::]

According to Steinschneider,

XV,

78,

it

was probably addressed

to Vidal ibn Labi.

V. Fol. 21a: -no^n pt^a (!) niBDinn Vya '"n n"?sn w p nn D"y, the well-known prayer of R. Ephraim of Bonn

Prov. 5.14.

10
12

"

Ms

Comp. Deut.
Gen.
ibid.

32.7;

Gen. 31.52.

3'in.

58

THE JEWISH QUARTERLY REVIEW


1

Om ?*

No'jy

HD

yop n), breaks


1

off fol.

22b at the words

nN~n iTTaa o^nt^ ? itt


VI. Fol. 33a:
"?"r

(ms.
']

thd) ^mo.
nfc>a

xnry

'in

?.

Beginning

'JK

ism ins pr
VII. Fol.

n.33,

29 verses.
h"l

Comp. Appendix sub


'rVn

11,1.

33b 36b:
1

mw
1.

'nn

?,

featuring

the following poems:


1.

VlDnn N ?,
1.

for nnpj;
1

Diwan 13 I, p. vsn for 'SD;


oyo
l"?
I.

1,

No.

Variants:
for

1.

4 Nnpj

1.

10

D'anoa

D'ono iy;

1.

17 i ? in' for
2.

Nil.

ln

-\b,

Diwan
1.

p.

107,

No.
;

74.

Variants:

1.

JYtNDX for niNO^;


1.

19
;

nbi

for PI'S

1.

25

Wip

for 'JlNnp;

26

anm

for ddd]

1.

2730
1.

as a separate

poem with
Variants:

the

superscription nitn nbi;


3.

28 niNun for niKn.


I,

toyaj

moy, Diwan
1.

p. 65,

No. 49.
"7bti for
. .

1.3

hnvn
1

for ^'Nt^n;
1.

n^n ya Hs
...'Nsn
"?3i

ns

ns

Itkpji
;

D'^^n ?;

p'rnn
1.

for p'rnn
1.

."isiVt

1.

6 13

nsi
16

for
.

nsn;
.

10
for

inn
tbk
1.

for
.

H33;

11 -jry for -|2cn;

1.

(?)"|JN
1.

.n,nin

.TID;
1

1.

14

-|Jix~io
1.
1

for

"pianD;

nKanm

for

mttnm;

20 vn

for

vn;

21 xb for
?
;

y;

1.

26 Da ay d'nu*

~]b for

D'tOD ay D'N3
for niN'VsD;
1.

1.

30 niN'^so

for

vnis^DO;

I.

31

mN^sa
i^n^

34 nana (marked
for 71790
;

as erroneous

by a point placed above


1.

it)

1.

38
51

dew

for

DW3;

43

for ~|atP;

1.

50 nxy for

IT;

1.

"iNsm
4.

for

nsnm.
aV3

mo
.

Diwan
for

I,

p.

3,

No.
1.

3.

Variants:

1.

N-ipN
1.

..Wip
1

INnp ...Nip';
nana;
1

3 lrTOHN for UDItt;


.
'.

5 njna"7
1.

-)

?
1

for ~\b

1.

ink>j

.ly^J for ..."713

1K3;
5.

inn ?

for 'an ?;
1

1.

inn TV
for baa.

for

"]nnH\
Variants:
1.

naya
for

rmsioa
ia

-\b, Diwan 1, p. vmnstn; 3 ban


I.

273, No. 52.

Win

ic

no

<

<

> r

mentioned the reference

is

to <ny edition of the Diwan.

A MANUSCRIPT MISCELLANY
6.
1.

BRODY
6.
.

59
Variants:
1.

D'pim
.

ruv,
.

Diwan (Luzzatto) 2b,No.


.nasi for "j^nN.
for
.

'^n.

.-jaip.
7

.-pp.

.'jsi;

nya
1.

for

"PJQ;
. .

1.

l^yo

l^ys
.

1.

8 'a'KTrl

for '3'Bm;

11

'annn.
7.
1.

(!)"|nd for 'annrr.

.*)N3.

rn'IT '310,

Diwan (Luzzatto)
1.

2a,

No.

5.

Variants:

2 3'3D for
8.

naia

Ton; ^-n

ny

for
1

nx.

9.

"inn

10.
11.
1.

tt Bmn pm

comp. Appendix sub

III, 1-3.

'tt
I.

l^^n

nnD,

Diwan

I,

p. 98,
1.

No.

69.

Variants:
1.

4
for
1.

wanting;

6 ]n for ]n;

910
nun ?
1

wanting;
for

12
1.16
1

i-rron (or rrriBn?) for

rnnn;

1.

15
1.

dud ?;
1

pra
noy;

aiya;
l

1.

17 'dp for id^;

20 niayV lVav for l^a

lai

for

am.
'in,

12.
1.

Dnoi^n
an ^n

Diwan,

II

p. 216,
1.

No.

3.

Variants:

2 "iN-ip
13.

for

itop ^nh;
I

nDDn
Xo.
for

for

noann.
Variants:
1.

ppn
"?y

nJV,
for

Diwan,

p. 164,

110.

1.

moN
1.

moN ?;
1

1.

4
11

nnpDD
21 'nana

mpoj;
;

ny
for

for *?y;

9 D'D 1 for 'D';

1.

ISXp for isp

1.

12

DVD
1.

D'D';

1.

13

nay

for
1.

onay;

1.

for 'n
1.

nan];
33
1.

24
for

nnnD
now;

for
1.

nmo;
1.

29 noan nai for nDDnni;


;

oon
49

34 ypypri for y^yt^'


50
is

1.

37 nay for 'ay;

my
for

for HD"iy;

followed by a line wanting in the editions:


o:

nnsy in m
*JK1; as
1.

Kb

nnsy mis
MS.
has:

-ranN nV;

1.

52

pN

6970
iTTjr
1

the

nrmps dim .myp n ? orbx nns'


VIII. Fol.

niynm mpn
^nd n ?^
1

-ipk ^S3

raitwi
'in
1

-pi
?,

36b 39a:

^"r

!?1T3J

']

hd^
,

con-

sisting of the following


1.

poems:
.

wttb no
rv

] [

2.

-pun

Comp. Appendix sub

,.

I,

_
2.

60
3.

THE JEWISH QUARTERLY REVIEW


-PS3 nrvn lb, Dukes, nobty
1.

n'

I,

p. 37,
1.

No.

24. Vari-

ants:
-j'lyri;

noai 'jn

pbys
;

for noai

nby;

4 ~|nyn for
1.

1.

6 nnDa for nnoj

1.

8 nnriD for

nnms

tod

for

mya;
1.

1.

10 nsa] anbyo for


1

maaip nibyo; and 'ona


iyots>

for 'ona;

11 'n'aiob for
,

'nam ? and
in

for
1

nyop.

1.

12 reads here
;

nbati>n

nnN nnn^n and nyma

PNnb ^o^n n ? nonn dn


;

1.

13 'Tin

for 'PS] for

for nn'H for

1.

15

mp

for

np\

1.

16

rm
.

m'l and 1HDM


4.
5.

HON;
1 y

1.

17 'axa for '"120.


,.
,

nn 'niosy
,

, Lomp. Appendix sub

I,

4.

37aty

naen 'nanNiJ
Sen. Sachs,

6.

ban
1.

'ntt,

D'Tn
;

TB>, p. n, No. 1.
5 'aab yi"
1.

Vari-

ants:

4 no'Bwnb

for nots>nb
1.

1.

"ib>n

for

yiN;
n'nn;

1.

6 nbnr for nbna; 12 noi] for nor;


1.

warn for 'Hni;

10 n'nn for
1.

1.

1.

14

urT
for

for

UTT;
1.

15 12HN
1.

for '2nN;

16 (?)norDDi naiabwi for

nmron naipbNi;
19
21

17

batpm for biaewm and


(or

mba pnd
1.

mbattwo;

nan nya

non) for nan rya;


1.

20 inuNtPi for lnNEtf;

1.

maa

for

~pna;
7.

25 nstp for nm.


|V3n airy,
nnbt2>

comp. Appendix sub


, ,

I,

5.

14

8.
is

my

"i
)

came

in

here by mistake; the author


in

Judah ha-Levi.
p.

This poem was published


41.

Diwan
for

(Luzzatto),

16a, No.

Variant

in

1.

otvisv

on^iy.
9.

]nna wow, Sachs in the above-mentioned work, No.


1.

a.

Variants:

mrr

for Tin';

1.

4 ninnt^ for

mnnpo.

IX.
ibn

F"ol.
(I

39a

42b:

the following pieces


the

by Moses

Ezra

have not noted

superscription, perhaps

through inadvertence)
1

-|ab 3H ban,
1.

Dukes, Moses
for

b.

Ezra,
1.

p.

100.

Varifor

ants:

2
1.

mn\. .bo
H,

run.
1.

.'jbd;

D'Nnsb
1.

D'snsn;
>

6 j-nDn for j'n'Dn;


Brody
in

10 -pbya for ~|bya;


557
58.

16

Edited by

ha-Shiloah,

XXV,

MANUSCRIPT MISCELLANY
1.

BRODY
f

61

Dimn
1.

for

D'ram;

17

inno...V3
.

or

Tna?...no;

19 d'jd for
2.

pn;

1.

29 )"b\

.-jnnnn for

psv

.nnmon.

ioyj
'n

no.

3. 4.
5. 6.
7.

^yo.

ni-ror 'o*.
~I

V^" TIN.

nj

nno.
1

'jhx ? no.

Comp. Appendix sub

II,

2-12.

8.

nan n'jn.

9.

nou

,l

?3 py.

10. 11. 12.


13.

u?
1

-no.

no 3 '3Bn\

tn

^i a<
1

nnx^ myon a ? 'ono

'3

n3Nn npwno n
is

j'j?

the

first

verse of a poem, the rest


Fol.

missing.
'in
1

X.

42b: N~uy

Tan

nivn

-nn rnw

?,

beg.

IT

trpntpo 3313;

comp. Appendix s& IV.


^"r 'i^n

XI.
sisting of

Fol. 42b:

onnu

'nn^, an epigram conin '3$ i^tpvn


1

two

verses, beg.

"linno

-qinzi

>

XII. Fol.

43a 44a:
'JIN

^"r

y'^Nnn ?,

Abr.

ibn

Ezra's

well-known Lament

n'Dn 7113.
1

XIII. Fol. 44a: ni'n, beg. nnN lDnx ? ana nn

m\

XIV.

Fol.

49a 52a:
:

Letters

in

rhymed prose by
afflicted

Solomon da-Piera 16
1.

n3ian nana, consolatory epistle to one


'l^S

with sickness, signed


2.

ynN.

nw

'3

ons niSD
it

ny, consolatory epistle of a father


in

to his son
is

(was

composed

the

name

of a client?),

Edited by Deutsch in his description of MS. Vienna CVIII (then still in the possession ot Hakam Reuben Baruk). Literaturblall des Orients 1846, col. 565- for nrm in verse 2 read nroi. ' Deutsch. loc. cit., quotes the superscriptions to Nos. 3. 4. 8, 10. 21 22 2.1 and 31, as well as the verses registered under Xos. 21 and 22. I cannot discuss here the very essential variants.

62
end:
"|'3N

THE JEWISH QUARTERLY REVIEW


rnjr

onoo y^y nyn rmi


in32>
"?3

mts ^aan in 'aa -prr

dh^r
who

PS 33
3.

|13DD.

pnsn
,

|HS

*?y,

exhortation to a husband

neglects his wife, end:


4. 5.

D'aiON "low "|n3nN3 PS31 |S33.


letter,

d 3-)3 nsVn D'an Trr,


V"13K>D

end:

."fS33.
(?)

D'TlN

DV1

HIT,

to a
,

community
]imi oaaima.

in

which disputes
6.

prevail,

end:

03

riN

]V

"piTH T"i3, congratulations to a newly chosen


rmr

rabbi, end:
]Diro

fixn
Vs"?

"733

,nym n3i3

-|"?

ntoon -\vbid

pisnn ntPN
letter

,1DN3

"|n3HN3 PS3i ,nyno; different


in

from a

with a similiar beginning


of

a Prague

manu-

script, a description

which

intend to publish in the

near future.

XV.

Fol.

52b

80b:
the

Various pieces by and to Ab-

raham Bedarshi.
1

Vipp

1T1, entitled bt< JT3, also

PD3n ma, a Bakkashah


beg.
:

otherwise
'Via?
,l
l

known under
word

name |HO^n rwp3,

''N "1?

7a 733, [a

with the concluding verses Q'O 7N


wanting]
1

n'3.

2.

un^H
l

mm
1

Psnna

myaa

mm

13103

in nisq ?

nno umpi unse rn'rVya n^yn nVynn

'ryoo ? neiEP D'any anai D^ana ib'sa pmn trann D'jnfB nyoi wnin rm anni nn rnao; an Comp. H. Gross, Gallia Jud., p. elegy in rhymed prose.
om'yai D'aitoo
101; here the piece begins with the words:
niaro naa'Kl

^ma^n
ted
3.

nnp"

tin,

the beginning seems to have been omit-

by mistake. 17
T?7Tn
pisaia

jh
1

nVyam

paan

mmo

ny-intp

*?y

pmaa mem ia n33n *?3Nn Tor ? msVnn nn mnp'xn anrwN yn laap? iaan Vntp' ia 'aom may viiwi 'Kaaan
y" 1
n The
.,

superscription, according to the Catalogue of Manuscripts in the British


follows;
o)
[r.

in. 245

rMyn]
la:

rr^y >V>iam ir^N rnm...rnjna


'"'

..._

p^^ya.

tne beginning

the elegy

tin

C'i?N b>

IWKl

rD'N.

MANUSCRIPT MISCELLANYBRODY

63
y"a

in^ma nsnoo 03n


"irnN
*?"r

m^iiDn niMN
'1

mimk rnns TMB>n '3 nuy3i nmonn ^la aya amo mn3 irvs Vy
n33
'ran

N'O^P
1

Win UT3J D3nn 1133


1

]3

Dnn3N
*7N

'-1

H331 "unn

pip

'3T1N

^13' N ?! D'DytO D'D 1

in V3N
'3

Kin 03 *]DN31

nyiotp d'jb?

ppn N33i

nya

umy
'33N

Dn"3B>

^y

Dnn

CD's
-pst^ ?
1

rrmtODn
]3ip""i

yst? [im'yn] (ljrvyn)

anna

t^to D3inp 'ran n33an


1

'333 ibnp n

jm rmn

inn ?!

^yr

nnao

nsi

'ran

D^mn
Psa
1

D'aitoon ^p rma'pa

^si

nrn nar^on vby

notf.

The poem

consists of the following pieces: a)

ma
in

nnsD

rmu
c)

(50 verses); -6)

D^n
(3

(?)mar
verses,

,!

?n (rhymed

prose);

Q'X'^o^l D'yno^

pibn

published
p.

Orient 1851, p. 281


d) ]1V nil31 t'D

and 369;
1

msn omn
prose);
'
l"?

Appendix
e)

24);

TS ? (rhymed
nn ra }>nK
fc)

n>y ntPN T/n


;

nnsy
^yia

(5 verses;);/)

(rhymed prose)

g)

}ow
dvd

3H3
;

n3

"?y (2

verses);

'^yo ns ynpNi oipsi (rhymed


1133 (2 verses)
;

prose)

i)

w\rbw ^ao nn
&)

mo
13*3

j) 3nnti>
(3

irai
/)

(rhymed prose);

Dormn ov

'lV'

verses);

D'rmi DH31N udpdi

]fc>n

(rhymed prose; done by oni3K


verses.

pnar 13 'tma).

Thereupon follow these concluding

D'^yi utx

Tinrn }ns

tot

i8

ni2ns 3n niaDPp titapa


tnpMi c'noty
f..

"D^iB^ya
ni^pn

ioty !?fcofepa

nspp n&a
No. 1214.
nan n*n

Comp. H. Gross,
4.
l'3i

Gallia Jud., p. 103


idb>

^ia^
"'ran

'-1

naa'snso

'
20

nmpo

i3'3

rrm

omiD

'n

^nan Disn

nNrn n'yn nvnn

vn nvnr nsp ^y nanxo DsirD D3in3i nx-^oi

t
pno
1

nsp 'arm

TPH
a)
(2
,

nr v"?
,,
r

3n3 TP03; the poem consists of three parts:

nrao

^i

Dy vn
c)

nr:

(15 verses);
ntf3

&)

-p'P '3X

verses);

|i3K>n

nn3

(rhymed

prose;

ends

K>nn3 pnar n3 Dnn3N).


" Read DTIS.
"
21

'9 II Sam. 5.20; I Chr. 14.11. Perpignan; comp. Gross, Gallia Judaica, pp. 460 and 655. In a poem not contained in our manuscript.

64
5.

THE JEWISH QUARTERLY REVIEW


mainoi nons i~n nrrn osi liwan
o'js
'svVtfn

ms-io

rri

anaoo mnsi

nsina

tr"iB3ipn nro ':ins in:yi

nms rbm ]xpnm Dyo m^sann^ nnnoi mop, a very comprehensive


nyon isn
a^n 'mnr lan^o (rhymed
(3

epistle consisting of the following 23 parts: a)

mpwyn T nua
prose);
e)

(11 verses); 6)

"psr nnna npson


e)

*vb>

verses);

rf)

pna Dip

"p30 nop (rhymed prose);


?sis
;

nnrs 'nan

(2 verses);/)

mm

^i (rhymed prose) g) pino pano nvnso ry (4 verses) pun ? nnna vnins^s (rhymed prose); i) ynyoty ma /;) -pnapn (2 verses); j) "poos noo mnos (rhymed prose); k) m-pwi rnvsn (2 verses); / )^n yo: ins ,np'vnvp nr o) rrV^n i^n (2 verses); 'oyi ms ^lyotP, (rhymed prose);
1

p)

soan poyo naiy (rhymed prose);


r)

g)

ion

^nin a^n
5)

(2

verses);

pmn
/)

,!

7yo n,so (rhymed prose);

D'3K3 nnn

(2 verses);

o'oro
v)

^y nan (rhymed
Dnna
1

prose); ) nu'ro yons

(2

verses);

D'Torn
"?s

D'DJOJn

(rhymed
'anna

prose);

w) 'ojs ny3 nosn


prer na).
6.
1

(rhymed prose;

ends

annas

mjyi

-\'w

nmoo
c, p.

ras nnp 'airsn nry'js

'n

pnnaa sxo
^aoo;

onoi jtth,

2 verses, beg.:
I.

oa ?
1

'oon isnp] nans

comp. Gross,
7.
i"?

104.

myi

(i.e.

to the same,

namely Eleazar Ezobi).


nniD

a comprehensive epistle
a) ny-i rniaraa

consisting of the following parts:

dv nh"
c)

(6 verses); 6) iarn

rmw

nnao

(rhymed prose);
a'tprr^ '31333

lorn

nman

pyn ?
1 1

(2

verses); d)

ms^a

(2 verses); e)

]i^n "jya ? inn'

(rhymed prose);

/) n'3na

X7 Kan 1

1133

(2 verses); g)
is~i

nn'^

]1303rlK
i)

(rhymed
(2
1

prose); h) op
verses;) jj
(2 verses);

-iono airs

(2 verses);

D'T^ nos
k)
tys3

sxv
/)

nB>s airsn
1

(rhymed prose);
(2 verses);

Tpin s ? as
]D3Btn

anr ]nv s
1

m) lany

(rhymed prose); (rhymed prose);

oo ? aan ^sin

(2 verses); 0)

yns nay

p)

uyps 111X3 lonm

(2 verses); g)

^3

A MANUSCRIPT MISCELLAN'V

-BRODY

65

D^iya -mm? Nin


njnna).
1

(rhymed prose, done by pnar na


follows
5)

nman
no:

The address

(nnon

*?y)

a-)

niDmnn

-iry

8.

'as^

(rhymed prose);

nay ^aa 1113

nn

(2 verses).

"nam nm ^n num "ryn


na'rjn
i"2c

l^nx p^nyn trnn nya

"7s

nnann

B'anan

rrrns
|in

"?y

piNno

n!?

ennaa

rnan nxn
33

hd'tp htM"\
pnar

naaan aann, beg.:

nu -nsxa
concluding
verses).

^y,

ends
a)

13

'enna

amax,
6)

then
D'yn

verses:
9.

D'Dsn 3313

(2 verses);

'32 (2

an

?
;

awni

"\bwo
is

nsp

'ana

my

tdvi, beg. carina iaao

aip'n

nip

the an

Todros ha-Levi;
p.

comp. Mordecai
n"a
a,

Tamah,

*\DD nvatPO

(Amsterdam 1765)
this

where the
is

verses are printed.

According to our manuscript there

a lacuna between
10.

and the preceding

piece.

'any hvo Vy lmian '^rra ay

mn

mn
p

ovn

n*i

itoyai la-ira D'a^ay 'arca

la^o

m^ ?
1

n^a-iyn

nmipa ls'unn

D'aiawin DTian
-ion

'at^a

"?^on

pviym Daina
"?y
23
;

*ai [oa] (aa)

xaam

noi

v^x nn^i ann

nan ^a^a^ (n)^n epaim, ry


according to this trans-

beg.:

Tin' D'n'aa

maaa

"jeay

mission of the text Bedarshi ('aiiN) addressed these verses


to Todros, but in consonance with the superscription in
rraan

amn (Appendix
is

p.

26,

where the verses are printed)

Todros
11.

the versifier and Bedarshi the recipient.


i^x 'rwa mix znn 3'Pn

mmnn

Tn nn

(Todros

to Bedarshi, so also according

toman
~iaiy
)

onin as quoted above;


a"'p b, Bedarshi to

according to Gavison, nna^n

p.

Todros); beg. D'aiyn D'n'tpa lannsa.


12. 13.

'3i ina'ts'n, 2 verses, beg.: airyn -piaa

no ?.
1

ann ina'n (Todros

to Bedarshi, accordin to

nmn

n'aon as quoted above, Bedarshi to Todros), 2 verses, beg.

rmpy n
22

n,naa

wx^a.
fail

Deutsch, Lileralurblalt des Orients for 1846, col. 564, reads: 3nn (*inK); I to understand both these readings. 23 For ffl233 the edition has JTU32, 1'TIT is found in both versions; read "|BJ7 nso' D':o pin3 -pin 's nrr dt;: rroaa.

J'J?

66
14. 15. 16.

THE JEWISH QUARTERLY REVIEW 'hn


lm'tfn, 2 verses, beg.:

nnna
np
,

nn'or 'yrv.

myi, 3 verses, beg.: I7nn

133

m.
1

ana p

ai7 arPBi tp"n


artificialities

nnun nmina 'ran 7>nn p'nyn ? ^in a^ m (thus again Bedarshi a master in such
"73

to Todros),
1

verses,

beg.:

(*]ljna)

13132:

rrpT d'tip [nyia].


17.
w"'-\

"na inn no ? ynn? ny,


nasi trnn

verses,

beg.:

nvi

nnnuN an Da iBwn.
18.

msa ann

inayi

(Todros to Bedarshi,

in

keeping with the conclusion:


according
19.

'^nnn anns nan

'filD'in;

tornarmmn

as quoted above, Bedarshi to Todros).


'3i in3yi, beg.
:

nasi no?

ma

N'3? T7*i N*37a 17,

Bedarshi to Todros also according to D'aan


above, where the superscription
to save us
('7

nmn quoted
intended

mK3 ann

*]DV1) is

from the

difficulty in

which we are placed through


refer to Bedarshi.
is

the words N"a7D


text rPIN
ni3i
is

'17,

which cannot
in

The

Nin N'a73 17

man nmn

wrong, since

every word
20.

supposed to contain the

letter 7.

now

trnn

mxa ann
mi's
iKntJW

in3yi,

2 verses, beg.:

]wh 17

ni3i^7

DDn7D, end napo? anna7.


iD^on' pn
pnsp

21.

7y ann '337 inanp


1

pnm

nnanoa 'nx^oi nn3


1

^ns nosi nn
2

ibhbw ann nosi

an ? n7i nn3 itmPE> p"nn,

verses beg.: 'T33

"|mTT pip
dp inn

nnnax.
22.

rato
1

'i

nav 'no o'Bntpn nnnnaa

nsm ^in

17S

o'3P an
'3

n7tPi asn

ann '-una

it

ibhbw,

2 verses, beg.:

inpipn
23.

mn

'as

mno.
niyip" nyi

n7ty

nD3n anya

nno^n

'D 1 lB'pn '3

'm

nnann inna i"?m ntpnn nnri3D nx'^Di f no3 tip mn ? '3i 10s noi; followed by a parody primed in ^Danvatpa, p.T'aa

comp Davidson, Parody in Jewish Literature, p. 17, note 9 The succession of the constituent parts in our manuI

MANUSCRIPT MISCELLANY
a) [31 "?] (31 ?
ftO'D for the
1

BRODY
1 ;

67
1

scripl

is

as follows:

'n ?

&)

-nm ip ids;
nDS3 noy3

c) -|113

"p'Sa -nmo

number

of verses in the
ttb
;

preceding
e)

poem wanting
^13';

in editions); d) nrn

om
I

onid
have

the pieces n31 noa nrux ^y and

'3N1

-|i3y

not noted.

mnsD

nr'^a
is

in

the

super-

scription

means "rhymed prose", which


in

correct

and not

11N1S0 as
24.

editions.

vsih
i"73i

pmo ikd
ion nn.

1333 o'N 3~in rn3n3

DHona
vbx

D"pnDO isn 'n30


2

^ino ]h 10333

ms

i^m mn myi os3 mp3


nnnn mra,
181: niSD3i

'3i

n'jo

verses,
a.

beg.: ^ino
is

printed in ^DS nV3B>D,


of

p.

n"3
in

Saul

probably the same


1.

whom
25. 17

Bedarshi says
'3X

nssnnan

3~in,
1

nsyi 'pon

man m^s
2

'nna o'n
beg.:

"jino ?.

my,
in

verses,

'n30
p.,

3ms nn nny=nny'
27.

*na 3313
26.
1 "i

msn
my,
2

onin Appendix,
verses,
/&/>/.
1

beg.:

m'333

D'sixi

n,

Dm3S,
nVo
,

printed
27.

in

nnsn omn,

imp

'nn 3in nD

ion nns

mo
p.

"?y

'n
inbo
1

iV

my
Ni=

in

nsi

msap nrao,
in IT33n

2 verses, beg.: rr?N3

mo

mo TUNIS
2S.

DDin Appendix,

26.

here again

refers to Todros.

myn

p man nnx
2

i333n ain
io~i33

bN

n^o

-ion

nn

nilVmaa
after a

i3iiy,

verses,

beg.:

ny33 nyi fya din,


J.

Vienna manuscript communicated by


f.

Bergmann

in

Monatsschr.

Gesch.

u.

Wiss. d.Jud., 1898,


it

p.

508, without

statement as to
29.

whom
i3oa

was addressed.
'nn

pmin nh
which
is

nisn3
in

mmn

hx

n"?o
(a

ion nn

ns^,

verses, beg.: o'nbx niNio pND...i33

word
by

is

missing,
points).

indicated
is

the

manuscript

two

The
npno

mm
in;

Saul
1

b.

Sabbatai.
2 verses, beg.:

30. mists'?

3iip

? n*70

iox nn,

"jnian

n3iy

,!

71

probably to Todros, but according to

68
pjDn

THE JEWISH QUARTERLY REVIEW


nVDVD,
p.

n"D

b, to Saul, in

Monatsschr.,
for
1

ibid.,

without
is

addressee

(in

both

ed.

mst?
"V0n ]0

nany).

This piece
*]id

followed by the note:


rr^'nnn

Bnnn3B> no

nr nan

mnsrai Dnn nnarun


ff.

ay, comp.,

however, below

sub 32

31. pa -in "l^a 133HN

p]Dv

'n

hnan i^on -ixra u^isu nay nam iop m"33H3 nan m'aan ay nsiti -raj: ~rnN ipr
nriDi

'3nN

v^N
pro

"?n3

mira
to

ttti

mo^N;

three verses, beg.:

1003
1.

DTia.

As

Joseph al-Meridi comp. riDDnrton ann

178179.
32.
1

my, apparently

to Joseph al-Meridi,
p. 25) to

but according

to Pollak (n'iDn

omn Appendix,

Todros ha-Levi:

who quotes the first four verses (nrDOTl noiy, p. 2"hp c), does not name the author and only says that the Neither Pollak nor Gavison verses are old (D^imp am).
Gavison,
offer

a correct text,

also

the manuscript exhibits

false
its

readings,

and

so in deference to lovers of poetry

and

forms,

make

use of this opportunity to offer a corrected

and
kind

revised text of this

poem

worthy specimen

of its

(P=

Pollak;

G = Gavison; MS. = our


numerous
in

manuscript;

errors in vocalization,

P, are not recorded):

^rn^Tipi
*inx

25

pny *|B3rno
28

Mirn^Di ^nin paa ]yw


"inxlpsa *bn
Z2

^?a

nyp

nssinDn

^irfc *

84^jnmB3 3'mn tot Mfcrah


37

*\rw\

ted nW3
3,

^z>n
35

dp

Trw
Sam.

D'DKfo

nn hs? naan

."^'ntepi

hn;i

tib
G
KX.

TTn
G
ilJW.

2
' so

Job
I

30.4. 10.2;

"|ny.

P and

"in* 7X3.

HDSinDJ.

"lyitf.

P and G have in the first half of the "In the shadow of thy char words"; vera "|nS ?xa. in the second -|rrc7X3. 3' Comp. II Kings i'.2K; is. 37.29. I' -pn 'S3. MS. -|nm'D3 3i ms. nstPD.
33

ptp'tp"

M p ipn

'S3.

35

ms. Tarn.
is

3 37

"The great ones" "Thou ral

(Ez. 28.14); the

Bums
I>

eh thai the twins (the constellation


(.

due to the play upon words. known by

this

name) stand lower than thou".

O'OINTI.

^ITt?

D'CH inn.

MANUSCRIPT MISCELLANY- BRODY


zr^n
-ijr
3,,

69
'r\b

irrirraa

pd]

3s

^nin _i 33 dhi

Dip 1

^irt?

4,

n3Nn "^noi

,'09]
"|n

irPB3N iron

|oi *)3XD
1

in3E?w "sn l^nan

^ro

Eton *|Ttf

nip ni&na

.<.v

my

(to al-Meridi

or

more
1

likely

to

Todros)

2 verses, beg.:

HX3
1

rriNip

l^nn

^d ?.
nns ? Tan nnx ^oi n^im
1

34.

poyn ay-inn
i

min nw
The term
is

v^n nns an:n


beg.:

tims Di"?n

innpun

vn^a nn

"vp,2 verses,

noN

~na

mm.

122} here refers to Todros.


3 verses, beg.:

35.
1

'ni n^n

rV *?^nn new nn,


called

TT

"I

^N
36.

noa.

Here Todros

n^n

for the first time.


Q'atP

uroi ir^yo -rasjn ann nnsn

nns
np'n

ppo myi
"^un
1

]von

"?y

^lynn ?
1

stbo

pn
"jnnn

nasin

n/D-in

^no

ny n'lb^no

^nn

mn

7x 'n
"ubntp
"?y

tynn na>

'ran

trnn noz>n

nnx Ninn annm n'tpa \nN

no Nin mnspna
t^nn i-v

Kin ny 'nn nar>:n nrytp nna n,nnn nr

'n

onpm

np nos

i:ora

nVpi nosn

may nns

Bnnn3K> '3so inpi

mnnnn l^N. There follows a parody edited by Tamah, ^dd moro.p. n"r> b (comp. Davisdon,/. c.note 10 and 11). The introductory verses in the manuscript more correctly: nj in; the pieces lrxtan 'JSn and laN'tPHl have not been
entered in
37.

my

notes.
in ? pi tinnna
1

bn N3nn3a dpd
n^tsn

nms^

dvs

'j-jn

term

avsn ay v^n
Kovn.

Njnyn nnnn ntfinoi

"n^p nuDD anyn um n"?yan oonn nnn nnmyo nmsn anya nnisn nsr
1

The piyyut

is

missing,

the letter which closes

with

'Ennn onnnx begins:

nbm

n^i
I

imi

pbn vb nb ub xb 'jnD'

'nVtypn; from the contents


s8

quote the following: ^lDD: N7


w MS.
*2

"The young

(the weakest)

of

thy thorns".
7.

'Z>SJ.

<i

Related in sense to ]1D1K Pp. 48.14; 122. So to be vocalized due to the pun.

MS. rnVUD

vocalized
'3.

n^'niJ?

may
"jnn.

niNHD.

be right.

has

DH

for

UN

(Job 23.1

1)

" MS. and P

70
(?)na 7n nmir
l

THE JEWISH QUARTERLY REVIEW

mam
1

s^i

mm

f}bn\>

Enm X ? ,-iama rwyD^


s .

"?

nunNi nniND ?
,!

rm

m^ipff irmmtp ^3.

.[r.

isma] nVai
Concerning
of

mii

73 ]D3
NX'

mn
XV,

D'-nv
'Jimtpn

amy

on'

.n^p'pi
^31.
. .

msi nmnnoy

nmpa

'T^pm

'bna -|mnn
5.

David Caslari see Gross,


Salon above
4 and

Gallia, p. 425;

about Samuel

XVI.
nD^tp

Fol.

84a
b.

94b:
1

Poetical correspondence

be-

tween Solomon
'I

Mubchar and

Isaac Uziel, superscribed


}n

'-in

nhnrb n^y] ind aann


'nn

nann
i"na

nan nVs
The

^N'ny pnir

o^n
to

DDnn ? ana new

"imio.

correspondence contains the following items:


1.

Solomon

Isaac:

a)

lopn D'TD!
6)

-joy anr a'DO

(4 verses,
(3 verses,

rhyming word f'n);

D'^m

-JTB73 pi] ^ai

n ^a

rhyming word ays):


J)

c)

nmn^
:

aiD

n^

mm

mn

(rhymed prose);

Address (anan ^yj

noan D'3

n^ltfn

D'TS (rhymed
2.

prose).
1 1

vrrtp

nsnp ? nxx ?
1

msa rs nam, Isaac


(4 verses,

to

Solomon:
f'ln);

a) "iptyn
b) 'p>n

'man 'nNis ? nna


'3'y ittttiP

rhyming word

aaV

l^a mons

(3 verses,

rhyming word

aya);

c)

p)

J)
f)

'ay);

^mn nnx mi man TIP (5verses, rhyming word mjDO onDN toy 'a'D' 'B^ (4 verses, rhyming word 0DB>n ms pnn'a (rhymed prose);/) Address nna
vnimp (rhymed
prose).
-|taya

-nay

[B>nn r.]j[ir)
3.

D3n nan inai&>n np' 'aai: a) mra instc

n^in
no ^y
'3
'is

(5 verses,

rhyming word
rhyming word

]l); 6)
'ay);
c)

prn riEna
J'3

"?a&>

'no
'33

(4 verses, (4 verses,

'^'2*^

DV

rhyming word ^my);

d)

)m any in

"jVin isi

(riddle

on the pen 10 verses);


Address: ninxa
inaizri
]ix
I

e)

0'N !?'

n3 (rhymed
prose).
verses,

prose);/)
4.

ts>"nN

p'nyon

(rhymed
no
(4

vVn

nn: a)
;

JD? "?y

mn -nnn
nt<

rhyming word

6)

mopn
c)

-joy nap

nDas

(solution of

the pen riddle, 10 verses);

Tin mrno ny

(4 verses,

rhym-

A
ing
e)

MANUSCRIPT MISCELLANY
d)

BROOY

71

word nap);

nyn ^snn 'n


]r

'D

(rhymed prose);
prose).

Address: ]nan
5.

ono

N^n (rhymed
1

nainn

nnioa

yn^ mNip ?
nyn
'3N
-\b

d'nxiti

lay

nBHDi

a) -p'B> raiem ]*3 T11N1


b)

(4 verses,
(3 verses,

rhyming word nop)


rhyming word
!?3in)

"joy

)iir31

~\nop

pan

c) il331 *?dv

iipn

Wn

(riddle

on the reed from which

the pen
d)

is

cut, 2 verses with the

rhyming word
e)

ilN'13);

TJO 1B10

ypn' dn

(rhymed prose);
prose).
1

Address: DEn

13131
6.

Ton

'ay

(rhymed

vrnn ni3Do naiy ? vidk


(3 verses,

'3k^jo ujr

nri:

a)
b)

'poy3

anym Hir annnn ni313n ma up in

rhyming word ^3in);


'JHHIT

-|T3

(solution of the reed riddle,


;

2 verses
(7 verses,
(3 verses,

with the rhyming word 1N'13)

c)

'Jar

nb'
ny

rhyming word n^ya);

d)
e)

i,mi 13013 -\rvw


I'll 'a

ny

rhyming word nil);


prose);/) Address:
7.

nysP mrna 'niNi3 (rhymed


(rhymed
prose).
-jr

D' '3D

D'O l"?m

nawnn

'jsra

ns nyn
b) '3

mil:

a) 131 i'i

(3 verses,

rhyming word
3 lines each)
;

im);
131T

yba
'nJDNl

-|n3i3n

'D'O

(2

strophes of

c)'3

^(3
1

verses,

rhyming word

-iDia); d) "jaa

noN '131 a^p nnn: n ? (rhymed prose; con131


-)

tains: 'nn i'r3in ysnoi na'3


1"13 ]'3f3i

zbm niannp mip ins in


Address: n'3130 by a>"ix id'

yew
prose).
1

'in nVy:n);

(rhymed
8.

n'jyo ? I'Tor -jiy

moi

noi:

a)

[r.

?0'i^]

imP?
b)

i^pj njyo
rruo

nuy

(3

verses,

rhyming word ion);


;

xb

an a^n 13D3
(2

(2

strophes 4 lines each)


;

c)

icao D'ny "ibr '3

ybu
"J3'0'

strophes 3 lines each)

rf)

Din

jm dn

(2 verses consist-

ing of monosyllables,
(2 verses,

rhyming word p); e)02W O'bwin 02'JD rhyming word D'3io);/) D'Tar rvoVos "|oy
|3); ) ]'D'in 'byn ]'d:31
tP'N "?3

(3 verses,

rhyming word
h)

na^n ov3 (rhymed

(rhymed prose);
prose).

Address:

^sn'

nsr

"?y

72
triND

THE JEWISH QUARTERLY REVIEW


9.

rminta

nnns

iVtfl:

a)

in

"?y

(2
;

verses
6)

consisting of monosyllables,

DO^D TOOT
aN

y-lD

(2 verses,

rhyming words p) rhyming word D'aiD)

*733

c)

-]h2V

nnn wpnh

(3 verses,

cj'u pain

(2 verses,

rhyming word p); d) DBn3 hip "[toy rhyming word ^tta); e) E>mn ~[DtP tP'Na'
;

(3 verses,

rhyming word 133)

/)

vby n^yn

^tfnon
'D

nn DN

(rhymed prose);
prose)
10.

g) Address: ayrj 31 B

psnn t^NH

(rhymed

'na

a^'ny
1

pros'

'in

'nn

ny po' nnwn:
n,Da);
naaaa);

a)
6)

DE>a

^nn

"3D

ns

mppn ?

(2 verses,

rhyming word

HD263
c) -[in
]7l

ma'3 in ypan ma'aaa

(3 verses,

rhyming word
nail))
;

pn amp

'33:>

(6 verses,

rhyming word
e)

d) n"?N a>3
jn

-juy "?ys'
prose).
11.

(rhymed prose);

Q'bww onvb

(rhymed

vnan

y^DB^nb D'Naan tt 'an niDiy nV^i:

a) anrntf
6)
c)

I3*n tip IT3 iDDa (6 verses, rhyming word nao);


D'3ay

-p-p
-j co

bnawto

(2

verses,

rhyming word D'OIS);


</)

D'y^D 'aKO
a'antr
nrai

(2 verses,

rhyming word D'OrD);


e) Address:

'aiDN 'Di^p

(rhymed prose);
prose).

nr |mtoi

D'nn

nn
^y

npiy

(rhymed
12.

noN'i

]yi

nam inanp
DN
(2 (3

aa^n'?

rry nps

nr

pj:

a)
6;
c)

rim vpy
ay nap

ktn

verses, verses,

rhyming word D'DT));

':?'30

'D~i

rhyming word D^nns);


J)

a'Koa a>tpna isn

(2 verses,

rhyming word pTis);


e)

osn

mxS

'33^ (4 verses,
1

rhyming word nmo);

nmo

-|npa>D

iny

ny ^ip"?o (rhymed prose);

/) Address: NBna

Tm piN
(2
*!

nav^y nDPa (rhymed prose).


13.

maiaan may'jo iay

nnx

r:*i:
/;)

a)

verses,

rhyming word pile);


(4

3B3

ny po3
c)

n)nrr JDI

'TOF

'3

n n ?an
i

verses,

rhyming word nnro);


verses with
(2

naaa

nyn'n nan

7iH

(riddle on
(I)

the pen, 2
lariN

the rhyming word


aair);

^nni;

vaj

verses,

rhyming word

A
e)N*irin 77iro

M VNUS< RIFI MISCELLANY

BROD1
:

ip (rhymed prose)
1

;/) Address

'oyi 'TO 3iyo0

(rhymed prose).
14.

i3'D*a

ana3

n anai:

a)

-iiy ?

im3
verses,

"|-ra

r\:p

(solution of the pen riddle, 2

verso with the rhyming word

bmr);

6)

TUB
c)

ninx la

pB
naN

m^m
1

(2
"ntppi

rhyming
(7

word

77"ir);

T3NK pm npn nya


n-n);
d)
t^ia

"7n

verses,

rhyming word
e)

y:

"|nraa

(rhymed prose);

Address: VD* "vxna


15.
133J7'

(rhymed
a)

prose).

lnrsD rmi:
iTn);

noin '7a D'ir70


6) 13'yi

my

on

(6
;

verses,
c)

rhyming word

"ymnr

T)

(10 verses)

vhv nnn nmi 'nap (rhymed prose);


(rhymed
16.

d) Address:

no' dk

D'DB>

prose).
a) icsnan

vnstpnnsoi:

]m pun dn

(10 verses);

'731 nno (3 verses, rhyming word 7Da); mra mpnn (3 verses, rhyming word likewise 7D2); (/) mipn 7ipa inns 3Vjn 70 (rhymed prose); mo 7DK> (rhymed prose). e) Address: ]n in
ft)

pyo *73yo

c)

27 iDn

17.

nyn nsu;

'jp

oin
k

pDEm arrra

man
-jna

p'Dsn

nr

nn

'a^n
17N

man man in sx iy nariN DH1D2 ITT D BniP: a) T0


(sic!)

N7 on-nrn noai
D*7'1S

"Jy7

7y

'Don
'3

(8 verses,

rhyming word Dmya);

b)

nHRP mya
11, 13, 15

N7T

ny'Tfl (rhymed prose).

Of the 17

pieces, Nos.

1, 3, 5, 7, 9,

are signed

by inaio

']

no7K>, Nos.

2, 4, 6, 8,

10, 12. 14, 16,

and

17

by

7NTiy pnir

XVII.
Eli,

Fol.

94b

98a:
'1*13

Various poems by and to R.

superscription:
1.

'7y 'in n7y3n aann7.

mn 7y n7iyn

mm nxr,

accompanying

letter to the

following poem,

rhymed

prose, finished: 'Vy

naBm.

74

THE JEWISH QUARTERLY REVIEW


22 verses, in alphabetic order, arranged so that at the

beginning of every verse the corresponding letter


ed
in
its
1

is

employns

verbal
?

meaning.
]n

Verse
7"inriN,

17

reads:

il77n
in

D's^ni
to the

rmmn

~n
in

in 7

probably
1

allusion 18.8
is

one praised,

which connection

Sam.

employed ingeniously.
3.

insn

jd

wyy- W3)a

mnN
I

n"x

17

Tijn,

a similar

poem,

11 verses, at the

beginning of each verse two letters

of the alphabet; as an

example

submit the

first

two

verses

d'sbu rnstfD d'^hni


d'snip
4.

viono

"?

ma ^n m

on
vtpyn

idbd imp* rniyn7'

3N
1

nn tsd ny
1

ipayi

?!}

p"""i2>n

~itd

7y miTN 3"s, likewise

11 verses,

example:

d'sdd m'DPoa nD^iyo

anio

D'SnS D'TP
5.
ff

ID ?'

T0

-]^

D'D^D

son ? r n-nipn ^E) ? &3V mop!


1

3 n"N

~i"TD

Vy rnnx a"x, likewise

11 verses, example:

d'sdd n"D^oa not3 Tim

nnsn *tdt ~iksn "inDN


arras

D'sns d'tbq Dips nw


6.

-\b

Arr d'd^o^
hdin

^3

apy

nw

':on

pvo

-p7

-iud nx

'ypa, 4

verses, every one of which begins with the letters p3 and

ends with the


as

letters 3p,
last

wherefore the
reads:
;

poem
7Nii

is

designated
'pa

7iry.
'3N

The

verse id

'D

yr N?n
be

apy
Jacob?
7.

pan]

'as

should
Eli

this

the

one praised?

Or should R.

also

have been named


to
1

D'N-ipn 'rb

Or was the poem attributed n*pna 'n: '7y '"in


every vers
-

him wrongly? and closes with


HDiri "i "l^ 3 "i

'nn ?, 5 verses, like3~i

wise
-in;

.in

7iry:

opens with

beginning: xzr '"np^n

TJcpa ^oxh

-ni

pp tnsD Ttfn

ms. np?ro.

A MANUSCRIPT MISCELLANY
8.

BROD1

;
,

pyn
nyi,
ran

*?y

niyi,

verses,

beginning:

nn' km3N3 f'N

ION] oipoa.
9.

verses, beginning:
(/.
e.

'h

nnanN nnx^sn no.


3,

10.

'nn?,

by

Eli,

but, as seen from verse

addressed to hcpd), 3 verses, beginning:


11.

ann n'pn mxj DPn.


1

'na ^'aaN n'No 'in asnn


n:si nDio

in ? pi 'ran 'nn
b)

a) niD'

T mp'
12.

(10 verses);
naa

Address:
prose).

nan'l

nMT

noipDD mnsn pna p^nyon

(rhymed
a)

am (Meir

to

Eli):
b)

h'SD n'DN

,1

?n ins id
(3

ynw^D
verses).
13.

(rhymed prose);

Dono yn'Nn
"?yi

nor D'ya

a-pn

omiwa
'niD

ns

l^'nan

(Eli

to

Meir?):
b)

a) 13*6 D' ]orn

'nay, 39 verses,

whereupon

DN^a

INS

'TDF, 3 verses, as

p'D

for the

number

of verses.

XYIII.
scription,
1.

Fol.

98a

99a:

Two poems
yDia

without superda-Piera.
^an, 41

the one by, the other to


1

Meshullam
I'rnNO

ypn^n ?

in

Tia^n no'K

nt^N

verses; in verse 37 the poet mentions his name, to verse 39 the


2.

according

poem
""I0N

is

addressed to nnan pnx\


1

D'pm 'KID

D'p'ny ?, the well-known poem, editin

ed

for the first


84.

time by Dukes

Blumenfeld's

nom

naciNi,

II, p.

XIX.
1.

Fol.

101a

104a:
1

Various items by Solomon

da-Piera, without superscription.

'sna "jn^nn y'opn

-T

-t

inynn b&x
Hebr. Bibl.,

'3,

four
81,

verses,

according to Steinschneider,

XV,

addressed to Vidal [ibn Labi].


2.
"|

'ana

,(

?n

m ?^
1 1

'an^n'
1

n^N ^y na
f

-jdidh

anan myi
1

vnVnn opn sp n ? insn ? 'n^mm D'oys noa ry ? jw^a D''n nnx 'ai ^n nayo onnn inns'? nr "?y nno^ a'o nr
1

px^on'

ybx

n'noiyn 'nhxn ysspm 'arnnn p'^2in

'3N

'n'xni

76

THE JEWISH QUARTERLY REVIEW


'bp:

nb3 -pyn
&b
'3

amjy bx duh^ ana inn apn


1
1

qiana

k^

rwra

mym dni in^ya ? ay^nm na^n ? 'n'Ki nr bj ay my mi'rpai -mVp p ya^ anaa nan yva 'japrirn 'apari;
follows

thereupon

the

poem:
mpy"?

ary^a

mryi

? ?

maa

un,

49 verses,

and as

lO'D three verses with the

rhyming word
there-

Dm, beginning:
|D'D the fore wanting)

am awn

nm^o
verses,

(according to the

poem should contain 50


;

one verse

is

comp. Hebr.

Bibl.

XV,

79 (where the read-

ing

isnmn
3.

un).

and

81.

Very short poems with Tegnis rhymes:


Tin (2 verses,

a)

ava
T3J

cnnj mimar
b)

rhyming word D'nsn .D'nxsi);

i'P T3] 'nox (3 verses,


(4 verses,

rhyming word m"?); rhyming word


1
*1

c)

1~nn "|nVnn aaa


-|

Tin); d)

mpo
"pan

-COT

[?DiD]Da m"?ro

(8 verses,

with rhyming word


;

rbbyn, 5

with rhyming word nMno)

e)

nan

,!

113X1 VaiN
4.

(2 verses,

rhyming word

TIJKl).
(sic!)

mn

mm
-|nati>

'pa io "7^10^ 'in

nnx uViau nay


ibnpi,
2 verses,

mom
87.
5.

m'jyi imp nmtpna 'ao'npm nxo any

beginning:

mar

b*\pb 'S3;

comp.

//e&r. 5i'6/.,

XVI,

KnN'n

nnx umaaa lawa ntwaaa ^smi paan ip'b,

2 verses,

beginning:

nar ~wx

'2b

poxn b\ according

to

Steinschneider, Hebr. Bibl.,

XV,

107,

addressed to Yidal

Bonafoux.
6.

roV'?

vnyr
D'-rtpn
6)
c)

n^soi imay

TDnnn n^x amn 'oarno nan ay 'nnpj xnpj ana o^s 'b n'3Dm m'ryo 'JB b>*3pn^
'nana uoit^a 'pa:
:

n^s

i"?

a)

-pin

'as

rm

(2 verses);

superscription myi

-jnra

nra

n*a iiyo"? 'rwja (3 verses)

superscription 'D2cyn iqb^ ran myi:


(2

omyi niyna canaa


d)

mntp

verses,

end: TNHaj

'm);

superscription
1

YMlh
a-nrn

ran:

in);

o'^non am a^yon mm (2 comp Steinschneider, //<-/>/.

verses, end: "ma ?

BiW.,

XVI,

87

A MANUSCRIPT MISCELLANY
7.

BROMN
lour

77

in' D3 0T1N N-jpn D'0'N


ix

D^N,

short

poem.:

a)

ppa
'?

nmzsa

is

no3n3
c)

(3 verses);
-idid no

6)

iw

o^bndi m-pra
(5 verses);

O^rai
<0

(6 verses);

nhra

rran pr

lie

no^yn n^jK
verses).

novoi nyi3

no'N nan'

^n

no by D^y (22
8.

nwaaa

in

^tm

jh n^yan
3.

d^

'nana -mm nr etc.,

comp. the data above IV,

XX.
1.

Fol.

106a 114a:
b. b.

Various items by known and

anonymous authors:
Joseph
Jaish, letter in

rhymed prose against


yiaa

certain

Judah

Gamla,

beginning:

vx

nxqi

franonn n3ioi, therein:


ing

t033 n&N r y
int

hp
P'y

(4 verses,

rhym-

word bm) and a


etc.
2.

citation:

DH11

mwon
']

ION v^y

maa

(Immanuel,

ch. 20); signed:

bjdv.

By

the same, a letter to Eleazar ha-Kohen: a) Title;


yaa

mis D'cnnh pa -WM pya


jnaban

(rhymed prose);

6)

Nip:
longer
rmo:;
-iro

im

'n*npa (rhymed prose; the


signed:

now
']

short

now
c)

periods close with D'o);

'y

ejDin';

'nn -p
V"r innn

(2 verses);

d)

Address:

...nana nroi

mm

"lry^Y'naa (rhymed

prose). b"r

was added by the

copyist
his

who
b"i

text;
3.

quite often allows himself such departures from comp. the footnote to XXI, 13.

hdd ain 'ay ?, beginning: ^ON ? 'aiW (from the introduction of the translation Tram "pon, read therefore ^xicn ]3 Oman).
1 1

'toon

Vn ?
1

nn
to

2 strophes of 4 lines each with 'i onnob, the rhyming word is, beg.: is dp l!?nx by.
4.
5.

'na P'y

V'r

'ma oman
1

Y'nnio

?,

the introductory verses

to

ysbn
6.

*)bx,
?

beginning 'n!?sn ion


tnoi-i

nan

did. [V, 59).


'nn

'nn

'na

N'prn 'nnn nbyin

nW
'3 pi**

on'
jn

'na

!?N'nj?

pnr

'in n^yan, an epistle consisting of:


6)

a) a-itaa

niTD? HD1D iy3an (30 vdrses);

byo ^yon

/8

THE JEWISH QUARTERLY REVIEW


c)

(rhymed prose, signed: ]Non rrprn);


(2 verses).
7.

a'PHP'

lin

"IK9

V'r 'i^n

miN' 'in? (probably a younger name-sake


perhaps the author of D'KOn
in
N31K>),

of the great poet,

verses

(comp. another version

the introduction to

*rnm i^on):
:prn

irnwn u ?
1

"TiDK

now
1

inn &kb? na^i

*1"P- 'in "*& :wrn


8.

,]3

ioni
1

?niD id
']

D^nn
"i

rrNirr
w

^y ns' Vnidk> Y'ima ? rbww ip


iV

rraan

"imob

ynn nms
nto
9.
'113

N~np rpn

i-idne>

im,

2 verses,

beginning:

irons

'ns^n 'Dira.
t^jr
']

co" 1

n"no3

'nn

nap ^y

(probably by

the father of the deceased)


48j-|^y
so

-jra Hirr^j?
"S

oi'a '3
1

^n ?
1

*357
DE?a : *

mpnn
isd: :it

rv^y nib'PD nopi tfna tIt: t t-*t

"nirn ? niyoi ^ T
"S
:

iy
3

"ri'Vv fip]
10.

"HTI

"W "TOP
n"nVr t^y
(3 verses,
1

QipO'^3? narn D'rp


1

rnrDN

n"3
,_

pin ^y
?

']

*\ov i'ihidV,

beginning

mm

ry

nN3 D^s
1X3

rhyming word TnTl).


1

11.

pmrr? I3r "|HN N'Vn 'in ?, beginning:


l
i

3X3 ~ny3

'JHN 3

,_

(2

verses,
133

rhyming word
"?y
"?"r
,

*)

HrO).
prix'

12.

-it3S3B>

no

D3xn

r33E>x

Vims ?
1

13X3

imy:
d?3"]J? j'33 tfotf

"i^nrno

&$0
B2 "isftj
-'

-id

^ipn bin ^^v-^d

d'ok)

3^3 000 1D3 T^o


D'Ji'S rrs?

^iori rr;i 33
3

OH ?

n~1DiNl

m d?o *g*9t}r^9
.D'ry
,J

nDn m
1

nato 'as iDtyn

ns 7y a^n^N u"bv
in ffany DTITTI

natf

3N ^ih ?
n3Dnn rorPO

w
'D,
''

nv2

Di'rr

Published
1543.
ti

which

ia

part of "renym

Constantinople

fol.

7a.

Gen

49.9.

-mrm.

Job 5.26.
75a.

Hos. 10.8.
Cant. 5.12.

m MS. rm

7V3TI

Comp. Baba Batra

J<

A
13.

MANUSCRIPT MISCELLANY
if?

BRODY
mum

79
1

mVa-i

npyp "ram

n"?

^"r

rrrwon t^'m ?,

ppyn dn (ijcIN and elsewhere), which Steinschneider, Hebr. Bibl, XIV, 97, would like to ascribe to Bonfid without adequate reason.
lora,
II,

the well-known epigram beginning


194,

14.

n"n^r an

wan miap naxa

^y:

67

rr

? -ina aj?xr>:?

^
34.

n ;iK "pyrin

Tpo

^
DN

15.

Without superscription:

2 verses, beginning:

"I^n
BTOK;

^n

man;

comp. No.

16.

Without superscription:
n"n^r iMpita 'in
1

2
ch.

verses,
9;

from Charisi, Tahkemoni,


17.
?,

beg. ^a ny comp. No. 34.

2 verses, beg.:

'maa

Hoy

Wa

pimoi.
18.
19.

'm ?
1

~ny, 2 verses, beginning:

HMO
tdhV
'a

ny n*

'N13.

<7"r

TSJia

pun h^,
ani*

2 verses:

1s?Hi niro nsio \tin pg

ani

'a ?

anKn dn
g

."TO*
20.

lion nN-in

>ai

^ wn
may
2

nin nan nrnn

!?'r

'Pin 'inX 2 verses, beg.:

D'wns ^y , from

the introduction to Tahkemoni.


21.
1

'r:

ny,

2 verses, beg.:

'psaa, from Tahke-

moni,

ibid.

22.

Without superscription:
ed.

verses,

beg.:

ay

D^ana, Abraham ibn Ezra,


saw, 1894,
23.
I,

D.

Kohn (Kahana). Waribid.,

p.
"?y,

35.

No. K"a, comp. Kohn,

pm
2.1
1.

p.

6.

2 verses:
in

58
;:

Published by A. Schulman

Jfeaseph,

St.

Hab.
Ps.

Peterburg 1902.

p.

275

I3S.4.

he

- >o IXIV. 729, "vi't h f h reading with the * Ex. 23.5.

^$

^X^T27V

"

"

4>

and

a,f in

**"-*

rf

Orients.

~\VSi 2T\nn D.

80

THE JEWISH QUARTERLY REVIEW


,

rniwr|a "^sepi anpia n3"]3 7 ^arr^y

i^n ? Ton
1

pi'

191

TiTTE '?] i^oi?


24. N'D ?
1

'?!?}

n ^

'IP

Vp '^33
t

61

?n

I?Vl
in

jd ?,

3 verses, beg.:
'B>S3).
!
1

'3*^

]wv -jmns ^y
1

(rhymes
25.

'DID,
b>"r

'KHy with

N"32nn ^y

n";

??

N"ir

']

^Din' I'lnia

?,

beg.:

O'lPJD

3'mn^ nnnp,

the

first

two verses

of the echo

poem

critically edited
I,

by Kaufmann
)"

in Zeitschr. f.

Hebr. Bibl.,

24.

26.

o'itddn

'31

nrao
-|'ite;

"?y

inn ? ii'jbw
't2>

m'"s
no.
"?y;

^"in ?,
1

2 verses,
27.

beginning:

TDI

D'y:i did

nrD3 b?'nd nNis-in

~idb>

K>pDE>

Nsn

the verses

are registered here as supplement to Steinschneider's collection {Zeitschr. f. Hebr. Bibl., VIII, 189

and IX, 25):

n^p?rD| ay

'its

n^lrr^r a'npn

B3

Tno3. isb 'pi

t:?: 3 a'rni;

."TOTD nni'3
28.

TDM I'llS
Y'imDD raxn

]*]

n"nV?

il3V

ir3"i

"?y,

2 verses:

65

n3V 'JM3 '3 '3

pDN
~i"nn

pnfi?

,f1N

]i3t>V

'V

29.
o7,

lVn
,;

top

-i"ddd

Vntt
nia
ratf
2

mnp

roxo Vy,
66

2 verses:

7ity

?3n ip

'3i3D'

'Ppia ^loip

DinsT yns

.8^1hb?

^3 'et^n nini
n"n^f
in

rnraK
verses,

^imp; 'a ? ni^^fito f?


-|n^ir

30.

y"3N"inV,

beg.:

)on
fol.

"o

Q'nsiDD

the above mentioned

MS. Prague
D'^imn

116b

anonymously with the superscription:


"o

7y.

rQ is wantinn in the manuscript; comp. Gen. 36.30; I Chr. 1.50. 2 II Sam. 16.5 and elsewhere. W MS. ^N. M Comp. Mighnah C.ittin, IV. M Hi- sees a ransom In the honorarium. M ynr ? DINnD would be betti-r. Comp. IN. 139.8; SS.7; <>x. 14. Comp. Gen. 37.35. omp. II Sam. 22.6; Pa. 18.6.
1
i

6.

A MANUSCRIPT MISCELLANY
31. ania

BRODY
na ?^
1

81

rrn&

wn
']

by

b"i

m'BH

ynmo ?
1

~ny: c'N
32.

d'tp, 3 verso, beg.:


]dv

-\:wb ny:3

aiDi
"?y.

ypor.

iVn^r ery

->"-imoaa
Ql ,^

omaa mo

69,1^3 pp,.,

p^

n1fc

Q l,^^
h

L,^ ,^.^

^^ ^^
prn dx
no -no.

33.

n"nbl

mws

c^nnV, 3 verses, beg.:

moy

Kb b%3 rna\

34. hn3 rrrn, 4 verses, beg.

do^d na
2

mu3 N'n

35.
1

Without superscription,

verses, beg.

mm

ina

l'n

rnan ?.
36.

and

013N bz ny already indicated


37.

Without superscription the short poems "pan dn. above Xos. 15 and 16. X31D1 ^ir Kim ^sy ' by, 2 verses, beg. max'? -\m
nry^N
n&>o 'in ?, 2 verses, beg.
1

nynn.
38.
']

pniT Jimo' 'man


HON hon

jevn.
39. 'HatfN

pnr

'nn

?,

verses,

beg.

"?Nn

n"?yn

pnr ?.
1

pan nryVx 'in nmynm niin ? mann 'rms^, 2 verses, beg. mmao D\a pano Dpino. 41. 'ran anrn ]wb n-\r\:zb: a) ann yassa ctsd nsaa (4 verses, the third reads: maun nana 113 Dn 3rTD
40.

'na

"onp'n UNnx (rhymed


Nana NH);
scription:
42.

a-j

hhok);
iyoK>

6)

dh'

tyxno

prose, superscription:

ana DHHPn i^N nnNl


(4

c)

wana
"\bn

-J

^H3
*b

0*3 133

verses,

super-

on'pn
cry
'i

rbv

-inxi).

'na

a"nna^,

3 verses, beg. nyro

mix nan:
1

nyro N^n (rhyming word


43.

*\DV).

Without superscription:

a)

yno

,!

73

-ps

[idt]

mno '33 "?a ^ai (3 verses, rhyming word mno); 6) 1H3 "yn 'n TV (rhymed prose); c) an ? axin aa (2
1

ym

Comp.

Ps.

72.7.

"o

From

n"?3;

comp.

Is. 51.6.

'

MS.

D'lPTr.

82
verses),

THE JEWISH QUARTERLY REVIEW


transmitted
in

the

name
in

of

Abraham Bedarshi
1851, col. 369. \
31B
nr

and communicated by Carmoly


1850,
col.

Literaturbl. d. Orient,

271 and by
1

Dukes

in Orient,

44. ^toaDy ?,

verses,

beg.

ansa
1

noi mtVjw,

from nnana,
45.

ch.

17.

Vr
(2

]t\d

-iry^N 'nn
6)

monn mna ?
1

a) *anp -jinn '3^

nsynn

verses);
iV

ot^aa 'as
c)

73

mmor
'raV

"Van

(2

verses,

superscription:

my);

'33^>

aa

'3np3 'mi

(2 verses,

rhyming word myi3, superscription


i^y

my);

d)

D ,_iya

Dmmsn
nyua
46.

D'yrjari (2 verses,
-ib>n

superscription

pm

Vy

"h

my);
my).
1

e) la'D'

dh^

(2 verses,

superscription

'n"7

Without superscription:
Without superscription:
Without

yTor

aanr

idd

Tip

(9

verses).
47.

PintO n03n ^33 3K0* T33,

three of the eight verses of Charisi {Tahkemoni, ch. 46).


48.

superscription:

74

rmo mbo
"?y btjt

hT]

TT,
17).

two

of the four verses of Charisi {Tahkemoni, ch.


49. ,nan nry^s -i"-im3 nwx nnso
'i

b"Hnn^

?"T, 2 verses:
76,

TI3I7D iDlSTIK "?DT

'Di^E?

nDN
ni:

IDT

'Din

'IT 75
1

77,
.

tdi73 nD-jNn
nn Vy
b)
'ran

rnnK
Dsnn"?

^d: ?
1

Niso ny nn ?^

50.
(2

'ran

my:
,!

o) 'o^i
?:anaa

nxnp nnx
verses,

*d

verses);

'2ih -ptpnn naanN


1

(2

super-

scription maara?
1

'ra

my).
'i

51.

nnN ?
1

133N0

TKB ViniD^
1

np'

'l

N n aan -i"-ime^

D'aiynrn
5
2.

ib

nVtrp, 2 verses, beg. oaipn


']

mn

'op

Vaasty

,_

idn cDa 'nn

?,

verses,

on mon. beg. 78 ms '33


XVI. 335
II,

HIJ?' ID'iTSn.

n Published also a Ms. -|Tor.


I

in D71JJ
<

WTD,
MS.

Ferrara 1551,
::

;it
>

the end, and in T1DTI,

flfiCD.

Published in
of

rumoDn.
verse,

367.

omp

<

it

Job "' i. Jer. 16.5; 51.34; Josh. 5.11,12. cannot vocalize tl" first word omp. Gen. 3.17; un t>> me. the w noli
I

the-

and so the

'

m-i

rliil

i.in iii.m;

the

Ms.

has "|'D'33.

A MANUSCRIPT MISCELLANY

BRODY
(where:

83

53
-iryrr

Without superscription:
from ^Niaoy m-iano,
bvsn).
'1

verses, beg. isixn


1

ox

-\b,

ch.

na^nn-]^;

for

"men MS. has


54.

V'r

'3r

]DV

V'nmo ?,
1

2
1

verses
?

rhyming with

word

"?ur,

beg. norr a-^briD -jn 'd

'a ?.
1

55.

Without superscription:
is

a) n

]p

nx^o

im

(2
in

verses of a composition which

completely presented
1

MS. Prague fol. 77b ff.);6) nn* ? nrr nnp (2 verses); c) sa nn 0UN nany moo (2 verses, also MS. Prague fol. 117b), transmitted in the name of Solomon Bonfid and
"i

communicated by Dukes,
571. 79
56.

Literaturbl. d. Orients, 1850, col.

Two
'as!?

letters of introduction:
;

a)

DD1 D ,_isiD 'BD


in

D'ana (superscription nX'bo


b)

the periods

rhyme
n

]V

);
the

an

hoik no

(sup erscrip tion nx^n, addressed to


"iry^N

a certain

Samuel, ends:
in

'n

,{

]a

^y;

periods

rhyme

ma 3

).

57. ]orn

"?y,

verses

beg.

\ab
II,

|'&kn
p.

na\x=Judah

ha-Levi:
58.

pra )'0n no (Diwan

300, No. a''s).

pyn
anan

by my, 3 verses, beg. 'twaa nrnn irx jm ^b


"?y

]m.
59.

(Address),
letter

beg.
is

rrma

rrpin

m: uoa

(rhymed prose), the


there
is

itself
fol.

wanting, accordingly

a lacuna between

113 and 114.


a)

60.

Without superscription:
(5

"nrr

n"oi
(4

-is

nir
"?ion

iSDoa
c)

verses);

&)

niTD? jnw nbyo


(2

nans

verses);

y:i

bs bx
(3

yn oyaa

verses);

</)

T id

-man

Dip"!

verses).
Fol.

XXI.
\"idal b.

114a 128a:

Letters

by Benveniste and

Labi:
Joseph ben

end.

First published in ]DT H'lNtf of

Shem Tob,

Saloniki 1568. at the

84
1.

THE JEWISH QUARTERLY REVIEW

rmamiN
miK'
1

*]ov

'-\b

tra ?

']

moan
;

]h nn nbv aro
-rnx

V'xr

'l^n

'id
1

beg. idi

^
']

nx njy
this

mtoto maVoa anhx mrm T33

npyj

eidpo

"?y,

comp. Hebr.
is

Bibl.,

XV,

56.

In

interesting letter mention

made
("VNiO

of

'n: r\wi2i2
"ib^inti^n)

bxiaw pi

in^n and Meir Alguadez

]n

is

spoken of with great admiration.

The
noN
'3

pas1)

sage quoted by Graetz VIII, Note

2 (3 ed., p. 402,

note

concerning

Juda
'n

ha-Levi
'i^n

reads

as

follows:

run

U3Dn k^

miya
~iK?nn

miN' pi nai yo^na


1

p33 run
1

niosa vpyo

jnir

I]

nso irmn
]T^S

jyai jy inyiop ?

arnn .ma^o

"?iy

rVy

jnji iD3ty "?y

ni^on nrrn nPN3 ,m3'3i


"733

mD v^y
swn x ?
1

i3ntP3

n&>N3i ,ni3r

Dnp nam
1

loy ?

3-id

rnsipni ,nanj
"?3

nnam

rr*V2c v"?y i3E>n3 *a -[sn ?

'nm ,n3nyon lms'pn D'O'n

iDino
ltfDJ

.d'jo?

pr
n
1

|*njn

py
-mp
1

'3y ''
?

ayr

'3

n^d ?
1

,du-in
?

ana

"?y

"?n nVi

vns^a
^

-ib^D

,D'31B

Dy 3~iynn

,min nx ^p^p n^i


ny3D ,nnai

,mo nan
,-iai

,-n

em

oi^m naan
rvn

ipr nyi

nVs^a

anx mpiif .cna^ rias (!)vrr ny ^33 ,en nni


'pa

Ty nnx
Tjwcn
I.

^n-ip'di
']

'no

3-1

ypsni.

It

is

signed: iraa
Bibl.,

K'3^

/as not min', as Steinschneider {Hebr.

c.)

quotes from
2.
'1

MS. H.
bN-raJN

"^n^i
DNipa
prose);

ua ? nn ?^ tra ?
1

'1

nwaaa inV
1

yotpn

-idd

neuasa,
6)

a)

mpon n is D3 ?
nns^oo
']

-ijc

ntpto

(rhymed

Address:
']

D'3
fcTl.

(rhymed

prose); signed:
ffc&r.
3.

N'3 ?

(!)^KT1 ntwaja
3.

Comp.

B*W., VI, 14 note

Without

superscription,

presumably likewise by

Benveniste, beg. ]n:

duction

for

superscription

nynn (rhymed prose,), letter of intropoor man Menahem? (according to the -who wants to in Hebr. Bibl, XV, 59: ]D:

emigrate to Hebron
" MS.
m'2T.

MANUSCRIPT

MIS<

ELL

\W

BRODY

4.

Without superscription, presumably by the same,

beginning npix

mpy 121

'l

'B

(letter of
in

introduction

in

rhymed
Bib I.,
5.

prose; the periods

rhyme

"[Va);

comp

Hebr.

ibid.

"?y3

o-dd:. beg.
ibid.
6. "\hr\

-nma pnn -myo rrn p'n ? x'a ? rornxi rmoyx 'mows ^y; comp.
1

']

nt^j^a in

llcbr. Bibl.,

rrmr
ri33

'in ibi^ni

im ?
1

n'3 ?

']

^xim ]h rbw ddd


3ro3

y"3

a)
']

Dn^y
"?y

tin D'n^n lna^'


&)

(rhymed prose, signed


Address:

tvzb

y-p

D'o 'pn'3 "VJHcn);

min

nmn^
7

(prose);

comp. Hebr.

Bibl.,

XV,
in

82.

Without

superscription,
o:

letter

rhymed
X'3 ?
1

prose,

beginning

awhwn
Bibl.,
(

^tano

a:,

signed:

']

'jn-H;

comp. Hebr.
8.

ibid.

Dnann

!)nriN

nnat^ nyiotp

HN3

'3,

nuptial congra]V ?]1


s

tulations in prose,
in

without signature, beg.


reads:
is
1

'l

TT;
/'.

MS. Prague
b.

the superscription

"ny,

e.,

Yidal

Labi.

The
,3

following passage
]ru

cited from the

contents:

Tp'

'^

-ipn

'i

nx
'rtK

-j-in ?

'nsDim 'n^-nm

hdd

"?y

3b;v ny-i3i

mum
^y

biiin

d^ini o-jpn

Diyo

'b ?

mn

Tyi
9.

morn mup.
vriN
n-i'tas

y"3

nu ?
1

']

^nti jn 3m, rhymed


comp. He6r.
Bibl.,

prose, beg. 'TI33

mx

-jsm jiop

$7313;

XV,

82.
10.

jtvbb

"?y y"j

n^n s'mi

'in 'nnb

nm^
"?3,

j'oimn

max

y"3 133, beg.:

'3"lp3

'mi H^
in

'l TIDW3

my

rhymed

prose,

without superscription;
scription

MS. Prague

fol.

60a the superis

has rvrirbw for

nm^,

the author
in

Yidal or
Yidal,

Solomon da-Piera (who perhaps writes


a circumstance which
also
in

the

name of

may

be assumed with good reason


I

regard to other poems by Vidal).

intend

to

publish this letter elsewhere.

86
11.

THE JEWISH QUARTERLY REVIEW


y"3
p

iaa

n-ptos

by vtfDn:

']

*\dv

\nb:

a)

njp

'3

'l 'JS^a

]^P n (rhymed prose, the periods


ntP33J3
']

rhyme

in 113

signed:

^NTi);

b)

Address:
fol.

vvjf

nana

(rhymed

prose).

In

MS. Prague
rnnx.

60b the superscrip-

tion reads also:


12.

rvnnbw

Without superscription, consolatory


person, beg. Q'pay
N'3 ?
1

letter

to an

unknown
signed:

"HP T\w 3D pa (rhymed


1

prose,

']

"?N-n

TJn)>;

in

without signature (superscription:


13.

MS. Prague mnN).


'n
1

fol.

61a

o"p xbi D'TD^n


1

'~r

h"d nnp

?^ ?
1

DODH inN 31 7
,

thon
^'3^
']

,_ n31 i:n, beg. nr ? nr o"3~iy D i3n ^*n0'

"73,

signed:

MS. Prague fol. 57a without superscription and without signature. The 3~i had agreed with nsn CKpNip '?N"i02> 'in n^iyan (MS. Prague more correctly: tPNpsjmp ^Nio^JN), who entrusted him with the instruction of his children, not to instruct more than four pupils, now
"vyxn
;

in

this reproach

is

made
1

to

him:
1

UP'Dri

TO3

"?y

nnp^i;
13*3

further:

"?33

D'yiT D'ny ?
?
8li

on^n now
na^p

nrrn

-|3'3l

'3

mar

,l

?3^3 aipV
rifcOpn

?"r

m "Bl
,

'-in

asnn nn'n yut?


1

nn'Dn

'3SD1
"|*r

dt
1

rtpn -ipjo
"

ann: np ?^
D:i

d'jp
1

war

an^y
in , D3

n'loan

n"

^
.

fn 3

3sa Dn

Drn ri-mns Da ? [nx]

D:ana
14. 'a

mnx
-i'ara

tdtd:

^n ^an ns nmnoi nmaa "'^a


~ry lint*,

'rans

'mr^D nuano
3ip3 'im ^^
15.

'ays run

rhymed
']

prose, beg. '3'?

'^I
'si

signed:

n'dV

n3333 ^KTl.

"irunn

"rsna p'-in^n "VNB ]-nb


'b

wib
nspBTl

']

^K*n in ?
1

o'T!

yyn a-p'rran

'in by roiD

"ppB?'

visb
the

inb

m, rhymed

prose, beg. noi^a *|'3n

mssn may;
his son

recommended are Jona de Maestre and

Solomon
I

1 Also here 7"' wag added by the copyist; MS.Prague Fol.57b has R*

posslblj

" ms. mno.

MANUSCRIPT MISCELLANY
Bibl.,

BK<)|>\

87
reads

Comp.

Ih'br.

XV,

56;

here

the

signature

no ?
1

']

(not rmrr).

16.

D'np i?:n npi^non ipnn' Dnoy


letter of

-110*0 '3iVb

^np ?
1

Dnsno, thereupon follows a


D'33
1

friendship, beg.
1

DN
']

D'JSn
Bibl.,

'n

(Ilebr.

pm, in rhymed prose, signed: NO ? XV, 59, without name signature); there
the superscription

is

therefore a
letter.
17.

lacuna between

and the

idi 'top

msoa

ms^c? 'in ? ana, beg. ns'


1

'o

TX
fol.

T^n Kin (rhymed prose, the periods begin with


in

'a

and

rhyme

U\

),

without superscription; in MS. Prague

42b under the n"nhi

no ? p nt^nn
1 1

]M conn ntpno coro;

//6r. 5/6/., ibid.


18.

'max nm noo nnmn 'o ?


prose, signed:

-nnnj, beg. d'op

pox on

(rhymed
58.

NO ?
1

']

"JOX);

//e&r 5/W.,

XV,

XXII.
1

Fol.

128b 131a:

'nno

a^N
1

\\ptub

nhv anj
no ?^
1

nnyw t nyw nyaon nnN nm nsd ? nnoi nicpjd


?
1

lnyan

i-nn

o tsju
'0,

nxVj lyoPBoi yotpn nso iia^,

letter in

rhymed prose

beg.
1

2py nD'KO ? pj
1

end:

npniN

TS313 pita Vnasn no


biblical verses

?:?

nxnntio'?

the periods close with


is

on 3py\
ntPN

The

following
'ir\

cited from the


'3B

contents:

mxa
1

.nix'::?

Dunn

avn nzain
,mx n'Ki

mnuo Dipao

n,

?'

pno imp ,nua do ayo

n-ncn

p?
1

ni33 ndd "?a^ ,nny nN avn niD'pn


-|ob?

,hs do

^nn

npy

my

xnp' ^i
Bibl.,

.mo^m mar nsD

"?y

n"?yn n*? -|xys.

Comp.

Ilebr.

XIII, 64 and XIV, 96.


nfci

XXIII.

Fol.

131b 133b:

no ?:? jn
1

n'Nn jn DDnn ^rnn nnn *?n conji"? ihdon ? nyaxa rrm anoD] ]'o oxy nN nornty nsiN xim noN nm mnx nan ? ij'w ? nsMJi ms] nn^D nr *?y, a)n3
1
1

nsi^

rrW anrmnoa u-nya

Dn^ oin

lynn (rhymed prose);

b)

rryu rruoi nuno

ao

88
(9 verses);

THE JEWISH QUARTERLY REVIEW


c)

rostra
1

^y

'WS^ mDTN H7N (rhymed prose);


-poo
'd

d)

D'nna

N^on ?

riBiy tin

(a

-pDD

'D

for

Purim,
in
;

the last lines of the strophes, taken from the Bible, end
1"
;

25 strophes, the

first 11

with the acrostic "\hn nabv ^n


Lit.);
e)

to be added to Davidson, Parody in Jewish

dnj

y-nNon
Graetz,

"fyo ntPN

(rhymed prose; end


p.

is

wanting).

Comp.

VIII

3
,

83;

according

to

our superscription
still

Solomon wrote the

satire

when he was

a Jew, the

phrase 'm iynn i^sn proves nothing, since the author

was indeed away from home. 83

XXIV.
brew names

Fol.

134a 136b:

jiiDD niTBn Dn lh,

He-

of fruits (but also D'D .D'n.-iB'-a ,urhetc.) in five

groups, whereupon, with the superscription

Dn^n
which

n7Ni
the
I

nu^non byzb

a't^n ?,

follow

30
It
is

couplets

in

registered terms reappear.

trifle

about which

can say nothing more


are wanting.

definite, since the

beginning and end

XXV.

Fol.

136a

b:

Three short poems having the

same metre and the same rhyme and belonging together,


though there
is

no inner connection between them:

a)

my

hk
b)
c)

~P~t3 'nx^o (16 verses, designated as yano, though

this designation

in

its

customary sense

is

not justified)

DNi ait? nya O'D

xhn ybs

(4 verses, superscription pit);

Hm

inya

"-pa:

onn

ry

(4 verses,

named HUD)
b)

in

a)

every two verses have a rhyming word, with the excep-

tion of verses 3-6

which have one rhyming word;

has
in

throughout the rhyming word nn: (verse


c)

3: 'in KJ);

again every two verses have a

rhyming word.
of short

XXVI.
blished

Fol

136b

139b:
7984;

A number
yirirr

poems
D'D'
22.

In

LtUerbode, X.
In

JQR.. XII. 259263.


"i ni)N.

The poem
1906,
p.

p-ono ?

i-

alio published

Landau** |ywn

Antwerp

MAN1

5(

RIP!

MISCELLANYBRODY

89

parl,v

and panlv by unknown authors, partly with .ind partly without superscription84 1) D'DDn ^d -WX tr o^^a (2 verses);
l,v
:

known

2)

Dip
4)

D'jorn ba

'a'O

(3

verses);

3)

noma
;

J'j?

nrnn ba
5)

(2

ver
bivo'
7)

immoa
x^

on nrn ddh
6)

(2 verses

bianm fro
;

nuns'

(2 verses);

any

rrfcm ana nfcy ny (2 verses)


(2

inn

nwty maa
9) jaai
1

verses);

8)

ncram

'rj>

nnxn

^
dn

(2 verses);

nny VT

3W *y
11)

(2 verses);

DMVDHlMn
_verses);
12)

10)0'DlNfl

(3 verses);

moDM thd Una


(2

nrai !rcv map p-r -ivm

ns^W); 13) iK* r*jr oy nn nyn (3 ven 14) 10 ya anan^ ^n ir (2 verses); 15) mipt> p 1n din pin
>midv
(2 verses)
85
;

verses,

end"

16)

J?

rPEH D"n -piD


verses);
18)

31

(2 verses
>

17)

y-na

rrr
(2

imb naa
verses,
in

(2

O'aiDM
19)

VM

p p 3 cnv
did
20)

ivm

verse 2:

nn w
verses);

ov nya);

(!)ny nvr nr iod


(9

vm

m^

(2

awn

tdm
21)

D'pay navivi
21)

verses,

superscription
(4
-,yij

JinsK

^nan

^
;

W):

-por

-^nnna
ny

verses,

pm maisnn)
tion na'Vn
h"\ 'Kion
']:

superscription

hy

22) -nnv
23)

njl D (2 verses, superscrip-

by);

superscription

DmiM h

K'V3?

pwu

dhk;
88 .

*gg ^3

no^

^ -^ ^a
^-p A nia
noa
'iVn

tflH$

on-nN nap nap

-irni*

24) superscription nr by mentioned above, XX,7):


Of
the the

ib

rnw

"li

(the one

poems

registered herewith

means
.

toindicate all the sources,

To No
ed

a nd 30 comp. Appendix sub

CB " 23 4) and <* **. sec "' ; v AS t0 N S 26 29 and" 32 which are d ^ved from Moses ibn No. 31 which-according to the superscription-likewise belong to the same poet. comp. Appendix sub II; to No Bub
<f r
-

nsV"

F Ezras

l^n- and mn. ;

CB

some are known and published, but I lack and therefore confine myself to a few data onl I; to No.15 see the references in Steinschneider

13 4

"

x,

'

Ubli8 l and " L Mar80lis 3, [ Franktun a O. fort alO 1770 "!? ,0. foi. 6b. In this connection it may be of interest to know that Margobs .ncorporated , his book many epigrams of R. Isaac ibn A.hadab without mentioning his name (See Carmoiv in bo-Q7\ VI 85
'
'

m^

Gen. 25.10.

90

THE JEWISH QUARTERLY REVIEW

n#N

i5?a

tsn'3n

fa

DT3N

won rttr]? ^nvn ? 3iD


1

.sTHEha c?i5^ nttngn '3


25)

r&3

hd

pj?3i el-ni

Vnpn
avn

i,

aya mai isy


b'yr b
(2
'3

(8 verses, superscription

mrnn ?
1

may
D'na

iin

inaBH

a^n
27)

"?y

ovrcnan);
nK3

26)
tyu

dn
ID'
1

D'33y '

verses);

insipi
(2

(2 verses);

28) D'3B3 nn'ra 'B3


;

verses);

29) in'

iru-ian D'3n (2 verses)

30)

lay ?
1

'b

Tm
1

I'Pn 3X
S

(3 verses,

superscription 7"r

^n*a no?^
'PD33
,!

'in ?);

31) isiy nrnn


']

mD
32)

331

n&>N

(2

verses, superscription nnry

nt2>o

'I ?)

mVi^a BV3
is

m^y
34)

(2

verses);

33)

"?ai

Vl^

n0

(2 verses);

ion 7y n^on

nmn

non

ma

(2 verses);
;

35) rrn T/T n3n 3N (4 verses,

rhyming word 133)


37) isin nya

36) 7\Q"

-an n'133 n D3:>n (2 verses);


K>13N

(3
'n

verses,
"|1Nl);

superscription

omuym
rovn

lmn nnsn bn Dnaian mbv b^


(6 verses, super-

ana

^s

38) 13T13 D^s jorn


1

scription ib

aiBi yzn

jrn p-re

py

b>y);

39)

Pinn no
D'Xiip
1

pin

(2

quatrains,

superscription

D3W^1

nan

rmuiNi

d-do

myns

yns3,

^nvs's

3in); 40)

super-

scription *]D3i

,^0' nnus Dn'sai


"?ni

onw fapo .^la sn^

S^m
given

N31D1
in

pi J"n rra
25
I

."^ip ^dix O'Vinn; for the reason

XX,

cite these verses:

JT3in itep nip niWB"i nip


rrifc;

-jn

hn3 ^o'w^pnrr^s!? Nsii


,!

Q31

^iyi"!

3i

?NiP crppR 9"ip

Ww

NBi"i

rjH3 *\b D'-nin D'aiy

^n

-r &vrn "i#*$ b^ |bdi -n

hpn

n'33

^aj n'3 d^d!? rra

anp nn^w

*|D33 ^piN

n^n

'"nis^
1

tdh

rrisp iteo

^1? "D#i \? *3iD pni m


]\rh n^rnai t\TV Di33 ]nn

dndi

n' ?]

n'jirr^!?

'^nn
fin oa

.n^n ins I'^ins


'

^dj hndi ^t Wp"; on


and the Following
half there
' Is
.1

Catch-word: 3'Bm, but between

this

lacuna.
24..1.

Ms

ni'DS.

M MS.D'Kl?nn
(fern,

Deut.

2.6.

Ez.
"i>:

rharpa we ihould read ri/rin

for masc., just as ia

verse

riN

MANUSCRIPT MISCELLANY
riNDi
1

BRODY
^soi
,VJina

91

41) superscription:

,r:sb runn

h'nioh

DDunn VDia

,ddi]

n^in:
idii
)an 'rr

ino
.

E>S3 n"73

yrn ipn

^"lyo
on 2K

"li

pi p3K3 'rns
1

"iNO rn-n "q"iD^

-qb

nNr"p nirn ?

\n

bhi;
1

42) ~myi -nnPDl

-mo p ?
1

(5 verses,

superscription

.airr ?
ry

bhpm roo
V3fl

loto rai

.^in n3id ,mno


superscription
1

]\s);

43)
nt?o

p
1

(5

quatrains,

^y

-Qjnan

'"l

ns'jiy
~ip

uvm .nsnnD T3 man ?!


^x
(2
1

,nsn

woVn);

44) -idid 03e>

yjon

quatrains,

superscription

vnoN
"?ip

-nyi);
1

45) nDp k:

mo

mix ^n ?
1
1

(3 verses,

superscription did"?

?!

vn 'rmnn vby prDDi


verses,

-isd);

46)

vor

my

'ti:

(8
1

superscription:

ps
:

T nn>yo

,prn

n-ntpon

'n ?,

p'rn pTm'3);

47) superscription

vnn'PO

nriNi

;ma

"nyi

'niDNn and catch-word


a lacuna.

no

here also the manuscript has

XXVII.
Yidal
1.

Fol.

140a 154b:
rhymed
^nth
,

By Solomon

da-Piera and

b.

Labi
in
']

Letter

prose, beg.

ymry pop
|o

yna,

signed:
2.

nJ333

ym.
'h

y
|"
6)

hn^d

map nwwa
:nna
p"?

rhw anann
prose,

nnxb, a)
']

'3

"inpi

nrmN3
inpi

(rhymed
(2

signed:

^sti
fol.

N'3^);

NDX

verses); in

MS. Prague
b).

65a anonymously and the superscription before


3.

uinm
,_

D'-nnn
,_

^mD nnx ?
1

naya

N'rrn

nya
1

-nyi

D'to n'3i D

nnnn
1

inx

roVo
'~idn

'jid'i

mom

-ltrn nipy ? urisa,

beg.

lmo'

rrsin

nv

pn
is

-isd,

rhymed

prose, without

superscription; the author


4.

Vidal or da-Piera.
3-iri

^nitb p"p^
XVI,
15.1.

'n: '3n into

imvtn a^3, letter

in

rhymed

prose, beg. uyopi


88.

vh

lain

PN-p a'si^s; camp.

Hebr. Bib!.,
M Comp. Gen.

92
5.

THE JEWISH QUARTERLY REVIEW


"71131

311

bn

'ii3

'jin

ivn

D3nn

d^3 rnro

'113

pnv

'in

miD, rhymed
comp.
1

prose, beg.: nasi ITIN3X 'i


56/.,

D13

U'D' iyD3 ntPN;


6.

i7er.

XV,

82.
1

by n3yo 'pni ?

un uni
n^p arc
b)
:

'pbj

nnn ipM
,!

Vn 'naroi
1

Ti^yi vtpyo n"?nn3 'Vn


'3 iy33

a) m"?N i 1
,!

7N nni ?^

T
1

(rhymed prose);
prose).
of

Address:

?3 hjn iudVi

UX ?

mon
7.

(rhymed
ni3K,

letter

recommendation, beg. fix 1'D13

D'a"

B1031

(rhymed

prose, the periods


is
94

rhyme

in D'l-;
f

the

one recommended
8.

PNm^Na

]vawp 3Bnna

fl).

mnN, letter of recommendation, 11X3 mnya 13H0 (rhymed prose, the


ni-;

beg. rnionn D7iy

periods

rhyme

in

recommended
9.

is

likewise

94

W113DW

\VBVp ^anno

')).

mix,

letter of

recommendation, beg.

'B>ki ^jDN.ins
in D"l-;

pixoi of the

IX 'B^N (rhymed prose, the periods rhyme

recommended

it

says:

HN^nn

*?3

D'TJO

.uraN

nam
7ip

D"n

133 10.

nniN by pnir idp nrn


(rhymed
niVnp

iprn 'n

inxo n).

ninN, letter of recommendation, beg.


1

Ty ?
1

'n

ni3y b"\p Hip"


11.

prose, the periods

rhyme
Sal.

in rilJ-).

]i3ix

wy
in

ni3, beg. 13? nrrn

ma, superda-Piera's

scription

and text as
p.

my

Beitraege zu
dk>3
(1.

Leben
is

etc.,

16, until:

D"n fix

14).

Then
*\bv
is

there

a lacuna in the manuscript.


13.

ni33 7 D^yj itPN inD 131


l

moi^yn

varnai,

remnant
end:

of a

poem
bn

(33 verses)

whose beginning
1,1133

wanting;

nmiN
14.

D'JVi *pyn

3y3

ppo

'brin

ha

tP'm.

Without superscription:
6)

a) 'IBD '30?

npy '3B0 dn
(15

(22
c)

verses);

nn^n ipn -p-p mVn


'33

in
]ii

verses);

p'snb p'BDD VMK 73 7N


15.

(3 verses).
']

^b? anpn

i"i3

nt?3333
,
1

"7x11

nitron 0311

'niDN
M

rx

on^N

-piy ti Vpt^an s

7n.iD vnii'tp

nmmo

ibpn,

Comj). Steinschneider,

Ilcbr.

Uebcrs., p. 787, n.

c.4.

A MANUSCRIPT MISCELLANY
beg. -po<
16.

BRODY
is

93

mp
rnia
a

'3 ri^y

^
(01

(47 verses, the rot

wanting).

*mn nna nyoa

njw
'3

remainder of
sing; end:

poem
B>D0

verses),

'n^-n nnn nu ma\ whose beginning is mis*]

71J73

11X0

-n^t,

,t,

,L,

SKa non
should

mir '^3 ddv. According


'333 *v fi a |un-t

to the following p'D, beg. ppinx

(3 verses),

the

number

of

verses

amount
this

to "'>K3
I

(91

or 93).

Concerning the author of

poem
t

am

not able to

make any

definite

state-

men

XXVIII.
notices

Fol.

161a 167a:

After various unessential

by a more recent hand there follow letters exchanged between Abraham Shalom, Joseph di Trani, the
Joseph

brothers
their

and

Yomtob

ibn

Jaish

and a number of

contemporaries:
1.

Yomtob

ibn Jaish to

di

Trani, address:
*]dv

Abraham Shalom and Joseph vwn baiw 32 niN3X 's ?^ tsnp n


1

V'-u

Y'nnosi

am3 Vinoa o^bwn


letter:

D'osnn p-ian ^3.


'3^
;

Beginning of the

ro 'wry

-imno

dated 'enp3

1*wn
In a
73-in

Yomtob speaks of the death of his father. postscript we read: vnnaio inn 'n nnx n*n 3 nnx mxn irui3 mo n3o m^p yopo no ^ 'in ? 13/133
jro
'3.
1 1

1133 n^y: ra

'3

tj>s:

3^0'?

13!?
1

m
lib

rrn 13^-1^3 1133 jisp

n"y3

lr^y j>sp Hopip

n^

ui

^
^.

u^ya

d^

id D3rr?nn

HDT
2.

-|0Nl

13^3

I^X

"JDV

The
']

reply of Joseph

Trani, superscription
]

rawn

(!)D'jr

Q'anMan dtikh ^k nj *j-ioo


V',103

Dv

V'no3 3nn

'nj

mf?tB>

Dm3N

n3 nnrn, beg.

nmx
an ?*
1

D'3n ^nx yps3

ntywo
3.

ri3cj.

The reply date: Vo^n non ?


1

of
'i

Yomtob;
'3
1

beg.:

3fDa

U'm
'nn

orn,

av 'mpn.
V'r

4.

'1

]or

T'nos

'n ?

np<

',

x^n

-ino3

3n3

94
l

THE JEWISH QUARTERLY REVIEW

7"rK> , y\ beg.
5.

anma

"?3

"ruono n^n: yyj


address:
'nn

95

D3\r>2>

nsnN

'3.

The
]na

reply of Joseph,
1

'^SP
;

''7

j'Tnan

traan

n"nD3 iron n^nn


1

o^pn

wdvi
d"
1

beg. nVet '3'y3


'i

no'PO ?
6.

'23

(rhymed prose, signed: (!)n"nVr Bry


"i"nD3
'nn
1

piDirr).

onn3N

'na 'n:

tp-y

']

n"n<33 'nn 3n3

'na

^snaa

*]dv

Vnasm
i"?3v

diVp;

beg.

n"^ by 'nsBa
isia n&>3n
n3a

bw iibdhd Dpu>n
iryb'N
n"n"?r
1

innn *yo 'yn

'nioacy

n"nn3 aV^n
nos.

'nn
is

nn^nn D'r'ixon onyea yma


given:
"|'N

ana

Notice
b>yi

Dtsnp

ansa yo^n^i
'nno "n^ap

nnn ? nNPn
^" , ]Ta ntpo
7.

nnr

mns a^on 'D^sm'


"?

n>D

'nn3
D DDnn
,

TMn
"?n

d-d'

B>nn -pn.

'nn

'nn

'nn

my:

a)

Title:
na

a-pann

nnriDa
i"DE>n

dwih;
]vd,

b)

letter, beg.

m^ no
vn-oVn
ib'S'

ovn
B>sai

(dated n"*
nj

therein:

Dmasan
nit

'sa

np'n

^na nna rmrya insonvnnV


n"n"7r
1);

'no

nsia ?

rry a-pa^am
^otfm yno

o-ac

d no3n

nn

v"?y nt^N
1

rmn
dni;

is ^acxi

dh^n nnn
Address:

lyoV nayo^ n
HIND,* '32 B>np

comp. above No.

c)

H.

The

letter

was sent

from Constantinople to Angora (rmaaN^ 'ipoy


8.

'"nno in nnas

"?y

'na 'asnao '"nna


B>a

D^n

'nn no'nn

^"r 3n'3 ,beg. 'S'Vaip^ 'nxn

n3 (Aramaic rhymed prose,

periods
9.

rhyme
a"y&>n

in

?.-;

signed *]DV vyicn).


"?y

nap

,nyn&>n

wpnrn

'lao

nonn^ ncnn,

beg. n" nyi3B> n&>N nn


in

(rhymed prose, rhymes throughout


i.

QR-; signed "IDT


all

Tyxn

e.

di Trani,

the same holds

true of
n,DV;

the other pieces entered below and signed with


pieces,

most of the anonymous

perhaps

all

of them,

likewise belong to Trani).


10.

bxiw nwD

'n

p-pn

"?y

nnns

nDTin,

beg.

nt^K

n*r

D"03n, signed:

'na *|dv

TJn.

D3DV.

'

IS.

'Tiro.

MANUSCRIPT MISCELLANY
nt^N
1

BRODY
nanDon
nt<rn

95

11.

n^yaa nnmo

ana, beg.

nawn

no~n, without
12.

superscription.
1

D":tyn,
H,DV.
13.

nmnn Rbw m^n' yun ? beg. NmBOO i^ddji '3'n


'ddh nna
beg.

n ?^
'3,

iV^no Din

"?y

no'nn,

Aramaic, signed: n'yxn

^y TjatPN annus n"n3a 'ana 'in


1

b>y

DHSO,

D'nso
in

yoty

nt>xa,

rhymed

prose,

rhymes

throughout
14.

l'n-; signed: H.DV.

Without superscription:
b)

a)

Title:
letter

D't^N

~I3

D'E^n y'pna;

nVn^n

'3DD

thin,

of consolation,

rhymed
15.

prose, without superscription.

Without

superscription:

a)

Title:

D'T^N

~\2

"n yabyb Na'ja N^n Y'naalitfxnn niNn ^lp


1 1

-D'Dtpn

ypna;

b) letter,'

beg.

(from the contents:

pit^y ntP3D

'in

nn

Tyo

pinn' dv av

am
,!

"jntp n"a 'nn ]vx


?

n^p.

.ps3 Dna
]V2C

nBtPN^is nnnnN n"nn n


"intyyo

nai3i nn:n hj anprin ntpnn xh


"?b>

nt^n'

nno' nan rv3B ^21 p"pn

nan:in

msm;

signed: ^DV).
16.
'113

^'i3D
1

'"nn ?,

title:

ncnnn
;

uh ^y vn^s mm,
the letter
is

'nn
17.

n^to ? nnay noon


'1"I3

nntpytP noi

wanting.

pa

N"nn"7,

a)

title:

y^

H33

tym ?
"?n

(rhymed
1

prose);

6)

letter

beg.

ntPto
1

Dnnnn

n*?yo

ymn ?

nsr

in2T tsnpn
'in

n'yo N3onnn 'm ?^ o'oann ir^N lto

anpo nny
tf'nn^

nsx p"po
\vby

pa
,

'3D

D'Diayn na

attrpri

Dy ? d^dd
1

njTT

H3313 1

D^pn'oi yhuwp n^a n"nna ahwn oann


^ , 03id ^N'n' n"?y:n 'nn

n"na nVyin 'nm


1"3P

ana inVpn iJann


This

v3aB>N

(!)"i"aa

buTV

without superscription.

letter forms an interesting contribution to the history ol

money

collections for Palestine

and

also to the

know ledge
of the 17th

of conditions in the

Holy Land at the beginning

century.

96
IS.

THE JEWISH QUARTERLY REVIEWSuperscription 313, without signature, a letter to

the two communities of

Amsterdam concerning
Mb
lain

a heretic
I

who
tj31

is

not to be identified with Uriel Acosta.


irnstf ihbx nb"\pb
1
i

have

noted the following:

nvp

mm
'3

rrya Nin Dan Nip nsh b^a 7x _


ar\b

it^''

^ao

wn

Nxa'

msja vrb
98

yn

10N3^ ptooi i'b


irs

iaai

no' n

]iy323i ^nV paa ns -\&x o^ra: ns to mn 'bipo irmai 's^a nnai ma a nai nabob i"?' u"? nnn ins minn '311331
1

97,

vry
in

ion rapr iaai iDiy ntfp'

mxm min
]irn

imnw vnus

any u'jd
Vy
1

ma
ir

ipn lynsn a^p^i


n"iau

inj nsbn
'a
*in

nyn

iab

]ma
bw

aai
nain

TnynV inkt vsysyi i^n iem mni


i3xo

,min nysn
1

"mm

nw nr
'a

an ? "?na3i msaa 3py ^nan

^"r no^ty

ia'3i

d^isdi 'ma
ib

ub ma man nb3i minn 'sin ie>n cjnpn mbnp b&~\w


y-wn
?

m na

mprroi imoa 33b

Da

-ids'?

''oan s"y idn32> iidni n


-ma
'atp

mnibi

'n

ny ans
'i

'3

ajnx...ioy

Di3i nrnai
. .

may

onp' nay DDirr

1133'?

d"iiupb3

.11113
19.

D3b D'lOIK 1*133^

Without superscription, and signature,


his son, beg. 1,bn
in nn-).

letter of

admonition from a father to


"a?

Ty

ins

(rhymed prose, the periods rhymes


20.

'biDianaNap tsnpn mbipb Tiana, without signature,


p"p

beg.

msnmtop
Ka D'o
1

^ni
nr

^asb

D'nwa
'3Bmb

'3

.nbibo -pi obin |mo by 'aifv ninm mynn bait?' '0303...

osno 3n3a nasi


3"3in
1,11

ii'3i

x"'

tit N'i3iy i"i3 nbiyoi


iniro

jiaan

NH3B
nby
'31

mbtp

crpinin

nvinpn
iynbi

tn trarri 'aiDN 'oib^ ^ba^n mb'bn -|bnnm


ib>'

mbo im
naTina
b"\

13'01

nrn nxr

omasb

pavm ]H
is

ina

Dbua
acntpb

D'tpnn

bp opjs 1T3 iidoi N'pnnn


D3ni
;

mm^a

hind
w

*]dv i"3

also this letter

interesting for

the history of the bbi3 collections.


MS.'31J31.

*
I

omp. Talmud

of Jerusalem,

Megilla,

I.

o.

Comp.

b.

ESrubtn

A
21.

MANUSCRIPT MISCELLANY

BRODY
'nn ^>y

97
1

nana by vby

un

b^rv i no3
ff

^isiannaN ?

vfcn

dip

nc^ isnpnn, beg

.i2ficn<

o^pnaa D ^m D'o

(the writer of the letter defends the accused

r^BJin
.
.

W
n:

mey

and mentions:

n"na 'nn by.

.o>a

noa

nr

.na amn an^n '33 nnan ^y n33 D^in mp<3 naao by 'na; without signa.

ture.

n
)'3
'aio

'
-

^
'n

nwa

'nn

'nn

ana,

beg.

nan
a)

ttntfm

signed: *\U\\

23.

Without superscription and signature,

title:

'na

pnr n"noa
nny

o^n

'nn

beg. 'n3

K32C na> nr

.a^nn nam n^s yjn\ 6) letter (recommended is 'nn n^yan 'nn


<a.
.

nan* ^y mvna ism


.
.

.una ns miana

n^

na2

.p"3n nyi t^npn).


24.

by 'na *]dv V'noann ? nyny *np anpo nny pm <am nyoc? signed :*]Dvmysn. Mentioned is rwo n"noa a^n 'nn nam .in^nn dp uniND vnym 'na.
1

^snn ?
1

n^nty iv^y p"p


dk>

n"na,

beg.

rwn33

25.
.

Without superscription,
nc^n

a)

title:

mpo
6)

yaia

^na

..'na

n"noa

abwn

'nn...noan;
n,Dv ,'ir

letter,

beg.

mnw
'sa

vniniN D'awtn D'^, signed:


. .

myxn nny
Dip03i

na noi

non rmnia n,nwya -pon np' na


nDna
?

anna Tp<
.
.

j3n

Naa
1

N"y
1

>p'aiVtw
'as

dp 'may

na\y

.DnnaN ?
1 1

'oipo

aw ? nnyio
I

vn dki.

.n"ao ay

ypyn^n ? nasn ?.
c)

The
1

following
sib
1

consider as postscript:
nra

0V3

Na
ai
1

HIT

nya ?*
d)
26.

av 'nna 2>npn
e)

a^n

Dann

mm

?^ ns

p'^nn ?;

'ir 'aa ?.
>"nn"?. letter beg. -|niN 'n ra>o jjt;

Wxans
Title:

with-

out signature.
27.

V'noa

nbs^n
1

'nn...im

jnsi
is

irrjna

ay

'na

bmow;
28.

the letter pertaining thereto


1

wanting.
1

'na no ?^ 'nn

?,

letter,

beg.

^a

niny ?

ym

ams

NXD\ without

signature.

98
29.

THE JEWISH QUARTERLY REVIEW


y^^b p"pn OT-iD
'1 *|TV**n

hx,

letter

in

rhymed
Tyxn.
'"yi

prose, beg. vitin^bji

imy miS'3 y~m, signed:

*idv

Noted

is:

'na

D'cnp

|3n

o*?wn DBnn

i:ib>b3
1

nan

ntfr*D

onson Tbwz niup m]N 'mro in^nn vb nVy Tan -ipn 'id Dy ma ]na D^nn; is the allusion to Tobiah b.
Abraham's
30.
3ito

]n (Yen.

1605)?
a)
title:
. .

Without superscription,
'-ino3;
6)

.D'*17N

13

'na

N"n

letter,
c)

beg.

vrx

rov

bn*\

it

Sn btn

signed:

*]DV TJ72CT;

postscript:
1

ns

D3

o"in DJnn D

....psnn norr
31.

Vn hoikd rwy n ?
a)
title:

Without superscription,
.

"inn

r,

I'll

'ni ntpn n"nDD.


1~I2V,

.'na;

6)

letter, beg.

D'O
100

-]Dn -inyN '3,

breaks off after the

first five lines.

ioo

Not
io

14,
thi

i.

17.

55,
.it

5R,

82,75, 79, 73,


ol

and 85 were added by

Dr. Israe] David-

n ad

proofs

the requesl

the author.

A POSTHUMOUS

CHANCE OK NAME

(BlRKENTHAL NOT BOLECHOWEr)

In No.

1,

vol.

XII, of this

Review

Dr. Yishnitzer published


lived

some

details concerning a diary of a Polish

Jew who

and wrought during


I

the second half of the eighteenth century.


edited a great part of another work

Since

have previously
I

by the same author,


of the

feel

myself

obliged to object to a

posthumous change

name

of the author.

This

is

how

the matter stands:


I

In the early part of 1911

found

in

the library of the well-known

leader of the Haskalah


entitled Dibre Binah.

movement

in Galicia,

Joseph

Perl, a

manuscript

The work, composing 329 pages

small octavo,

deals with the history of pseudo-Messiahs in Israel. Excepting the story


of the Prankists,
tion,

which the author knew partly from


it

his

own observacall for

and other interspersed personal experiences,

does not

publication.

The author
in the

of the work, as appears


itself,

from the title-page,


letters, is

from passages

book

and from attached


in

Reb Dob
in

Ber Brezower properly Birkenthal, who lived

Bolechow

Galicia

and died there

in

1805 at an advanced age.


I

In order to get exact data

concerning the two names

instituted an inquiry in

Bolechow and

found
still

out that as late as 1850 a family by the domiciled there, called

name

of Birkenthal

was

commonly "Brezower".

Moreover, Reb

Dob
Birin

Ber

is

entered

in

the book of the Hebra Kadisha under the


is

name

kenthal. Birkenthal
I'krainian)

a Germanization of Brezower (Birke=bereza


of Jewish family

and goes back to the regulation


There
is

names under
until the

Joseph

II.

therefore no doubt concerning the name:

middle of the eighties of the eighteenth century exclusively Brezower,


later officially Birkenthal.

Unfortunately the family name does not occur

in

the diary which


first

found

its

way

to London.

Dr. Marmorstein,
it,

who

in

1913

published

a bibliographical notice about


\\t-r

therefore called the author " BolechoDr. Vishnitzer in 1918 or 1919 underits

" after his

native place.

When

took the elaboration of this diary and drew the public attention to
99

100
importance,

THE JEWISH QUARTERLY REVIEW

my

biography of Birkenthal and part of the Dibre Binah


in

had already been printed

Hashiloah.

Nevertheless he preferred

to continue Marmorstein's error and furnish the author with a post-

humous name.

He

did the same in an article in Der Jude, although

he should have been aware that the author was never

known by

this

name

to his contemporaries.

Why
article?

should Dr. Yishnitzer state that the diarist was


call

named

" Bole-

chower or Birkenthal" and then

him Bolechower throughout the

Where

is

the evidence for the

name Bolechower? To be
has been dead 120 years.

sure,

names

are unessential, but one must not deal arbitrarily with the

name
Dr.

of a deserving

man, even

if

that
if

man

Yishnitzer will cause confusion

he does not edit the diary under the

name Birkenthal. For in such case two works by the same author will be known under two different names. Surely the author has a right to
have
his

name on

the title-page.
A.
J.

Jerusalem.

Brawer.

NOTE ON SOME NAMES IX A MS. MUSEUM.

IN

THE BRITISH

In describing the (probably) unique treatise on the quadrature of the


circle

by Alfonso (No.

1002,

VI

in Vol.

III. of

the Catalogue:

Add.

26984)

Margohouth

says:

"Besides references to such well-known


Plato, Euclid, Ibn

authorities as Archimedes, Aristotle

Rushd, Ali

b.

Ridwan, &c, a number

of out of the

way

authorities are mentioned."


in

Margoliouth then proceeds to quote these authorities

the form they

appear
the

in

the

MS. without

giving their equivalents. As these forms of


(as

names may puzzle readers


I

they have apparently puzzled Mar:

goliouth)

here attempt their solution

DT1S

is

Bryso of Heraclea, a mathematician of the 5th. cent.


is

B. c.

D-IS'D3N

Antipho

(circ.

420

B.

c).

Both Bryso and Antipho are

known
head

to have grappled with the problem of squaring the circle.


is

O'OTD'T

Democritus of Abdera who succeeded Leucippus as the


1

of the Atomistic school in Thrace.

E>'pl7 is

(probably) Leucippus
is

mentioned above.

TT37N

Fadl ibn Hatim al-Nairizi, the famous commentator of

Euclid. (For help in reference to this

name

am

indebted to

my

friend

and colleague Mr. A.


ish

S.

Fulton, of the Oriental Department in the Brit-

Museum.)
is

DVp'TaJD
Platonists.

Simplicius of Cilicia,

one of the

last

of

the

Neo-

UNSJp

is

of course

Giovanni Campano (Campanus) of

Paris,

who

flourished in the thirteenth century.

London

J.

Leveen.

From
is

the fact that (P'pl?

is

coupled with FHUD'l


101

it

seems probable that Leucip-

pus

referred to.

THE GAOXIC COMMENTARY TO TEHAROT


In 1856 there appeared for the
the sixth Order of the Mishnah,
first
i.e.,

time a so-called Commentary on


the section Teharot (11D 7 J? PilS not to be taken
literally, as

mints).

The term "commentary"


in

is

the

work does not

any way comment upon the contents

of the

Mishnah,

but merely intends to serve as a dictionary for the foreign words (Arabic,
Syriac, Persian, Greek), which are particularly
tates of this Mishnic section.

numerous
small in

in all
size,

the trac-

The work, though


is

covering

only 45 pages
tance.
Its

in

the printed edition,

of very great philological impor-

author shows a marvelous familiarity with the aforemen-

tioned languages and their different dialects as they were used in his

time

in

various provinces of the Orient.

The

editor, J. Rosenberg, unfa-

miliar with

any

of these languages,

made no attempt
all

to identify

and to

explain the

many hundreds of words quoted and


which present great

discussed by the author. the mistakes and

He merely

published a copy of a manuscript with

peculiarities of spelling,

difficulties

even to the most


additional mis-

learned Orientalists.

This text was reprinted with

many

takes

in

the Wilna edition of the

Talmud and

later also at the

end of the
of

Mishnayot published by the famous printing establishment


(Wilna 1908).

Romm

The

oldest
of

German and French commentators


his

of the

Talmud, as R.
Pumbedita

Gershom

Mayence, Rashi,

grandson Samuel B. Meir, and others

attribute the
(died 1038)
.

Commentary
Modern
Dr.

explicitly to Hai, the last

Gaon

of

scholars, with a few exceptions, follow this view.


se-

Of

late,

however, the ascription to Hai Gaon has been subjected to


J.

rious doubts.

N. Epstein,
in

who

during recent years has done val-

uable research work

the literature of the Geonim,

now submits
its

this

Commentary
56

to a very minute investigation, examining

content and

composition from every possible point of view.


1

The

first

chapter (pp.

i-

devoted to the much


o\

mooted quest ion of authorship.

Adducing
the works

numerous quotations
1

the

Commentarj
'''"'

as they appear

in

inleitunt

-><

Hai Goon mgeschriebenen Kommentar, Von


1915.

N Epstein.

Berlin:

Mavi
102

pp.

VI+160,

GAONIC COMMENTARY TO TEHAROTMALTER


of later authors, especially in the 'Usui of

103

Jonah Ibn Janab (992-1052)


(concluded
in

and the Aruk

of

Nathan

B. Jehiel of

Rome
its

1101

he

proves conclusively that the


"I"
I

Commentary cannot
The reasons

possibly be the work


is

lai

iaon and expresses the opinion that

author

none other than

Saadia, the famous


I

Gaon

of Sura.

against the ascription to

la,

are: explanations of
in

words given by Hai


later

in his

Responsa and

elsein

where or quoted

works of

authors contradict those found

the

or are missing therein entirely; Hai had no knowledge of Greek and, as he himself states, never saw the Palestinian

Commentary

Targum, both

of

which are often quoted

in

the

Commentary;

the author of the latter


life,

shows the most intimate acquaintance with the toms of the population of Palestine, which is
lonian Hai, who, as

conditions, and cus-

inexplicable in the Baby-

of his statements suggest, never was in Palesauthor repeatedly quotes as sources the earlier Geonim of Sura, but never those of Pumbedita, the seat of Hai Gaon. Now these very reasons that speak against the attribution of the Comtine; and, finally, the

some

mentary to Hai strongly recommend Saadia's authorship. By a correct restoration of a marginal gloss which crept into the text Dr. Epstein (p. 30) is in a position to prove that the early redactor of the Commentary likewise names Saadia explicitly as the author of the work. Moreover.there is sufficient evidence throughout the Commentary for Saadia's
authorship.

Having thus disposed method and procedure

of the question of authorship, Dr. Epstein gives

a general characterization of the


in

work

(pp. 36-74),

showing the author',

treating his subject, his mastery of

numerous

Oriental dialects from which he derives his lexical explanations, and the

wide range of his knowledge of the literature of his time.


like to

remark that

Commentary,

Here I should pointing out the characteristic features of the Dr. Epstein does not sufficiently emphasize the
in

fact,

though he mentions

it

occasionally, that these

same features are com-

monly recognized as peculiar characteristics of Saadia's numerous writings and hence greatly strengthen the view that he is the author also of the Commentary in question. Thus for instance the author's rationalexplanations of Mishnic passages in opposition to explanations of the Talmud, his repeated efforts to find parallels for difficult words in the Bible and the Targumim, his habit of explaining Hebrew or Aramaic
istic

words by Arabic words of similar sounds,

his

fondness for alliterations,

often taking flights into the realm of poetry, a, well as

some other pecu-

104

THE JEWISH QUARTERLY REVIEW

liarities of style

have long been recognized as outstanding features


It

in

the works of Saadia.

Dr. Epstein might therefore have stressed these

points in favor of Saadia's authorship.

should further be observed

that in view of these facts the objection to the attribution of the

Comall his

mentary to Saadia on the ground that the Gaon wrote nearly


works
in

Arabic, while this

Commentary seems
is

to

have been written by

him

originally in

Hebrew,

of little weight.

We

do not know the


in this instance

cir-

cumstances that

may have

induced him to deviate

from

his usual habit of writing his


It

books

in

the vernacular.
of Dr.

would require too much space to give an adequate account


industry and

Epstein's admirable

profound learning, as displayed

throughout the pages of this book, but special mention must be made of
chapter III (pp. 74-98), containing a detailed examination of the sources

used by the author of the Commentary, and chapter IV (pp. 98-112)


in

which Dr. Epstein gives a minute

critical analysis of

the entire text,

showing the extent to which a


original work.

later redactor

changed and amplified the

Of great importance

is

chapter

(pp. 112-130), wherein Dr. Epstein


all

traces with great accuracy and thoroughness


citations from the

the direct or indirect

Commentary

in

the works of later authors, as Nissim


b. Jehiel of

and Hananel

of

Kairwan, Nathan

Rome,

in

whose Aruk he

points out over 550 passages taken from the

Commentary, Maimonides
all

and others down to the 14th century, when


tary disappeared to be brought to light again

traces of the

CommenIn chapter

in

recent times.

VI

(pp. 130-131)

it is

briefly

proved that the author of the Commentary


the
first

had composed a similar

Commentary on
is

Order of the Mishnah


Passages therefrom
Dr. Epstein

(Zeraim), which, however,


are quoted in the

no

longer in existence.
before us and
in

Commentary

the Aruk.

then devotes a whole chapter (pp. 131-148) to a minute description of


the numerous manuscripts of the

Commentary
Of
which

as well as of the

Aruk
is

upon which he has based

his study.
in

real philological
all

importance

also chapter X' III (pp. 148-151),

the orthographic peculiari-

ties in the transliteration of foreign

words into Hebrew are pointed out.


the

Two

appendices (on the original

title of

Commentary and on
lost)

a com-

mentary on the Mishnah by Hai Gaon, now

and some additions


it

and corrections conclude Dr. Epstein's work, which,


tingly be said,
field of
is

may

unhesitain

the most learned publication within recent years


All the

the

Gaonic

literature.

more regrettable

it is

that a work like

GAONIC COMMENTARY TO TKHAROT


this should

MALTER
",

105

have been so carelessly edited.

On

nearly every page of the

book one

finds the phrases "siehe


I

oben " and "siehe unten

intended to

serve as cross-references.

have counted 133 of such references and

some may have escaped my


ten "

notice.

Very often such an "oben

" or " un-

means from 50

to 100 pages

above or below

(e.g.,p. 48, note,

"un-

ten"

refers to p. 128; p. 70 to 130; 96 to 142, while

"oben" on
is

pp. 141,

153, 154 alludes to pp. 30, 19, 30, respectively).

As the book
it

composed

of

many thousands of philological Names

details

and has no index,

follows that

the reader, in order to get the

full

benefit of the work, has to learn its

contents by heart.

of authors

and

titles of

books are likewise

quoted

in

a haphazard way, as Bernstein (pp. 27, 32, twice, 49) for

Bornstein (well-known

Hebrew

writer on calendar and

chronology),

Schor

(4,

26) for Schorr, S. Frankel (125, 130) for Z. Frankel,

Eknin

(55)

for 'Aknin,

Jahuda

(67, 68) for

Yahuda. Ginzberg's Geonica


is

is

quoted as

"The Geonim"
(Schechter)
is

(p. 3),

Saadia's Oeuvres
(32),

"ouvres"

(p. 10),

Saadyana

Saadiana

and

so forth.

Misprints are too numerous


it

to be pointed out, especially in references to sources, so that

is

not

always possible to verify them.

"Ausbesserung"

(p.

131)

means mend-

ing (clothes), read " Yerbesserung" (correction of mistakes); for teleuton


(p.

Homo-

134) read Homoioteleuton.

'p' 3 "'

(P-

31) occurs also in


I,

Saadia's Amanat, p. 28, 1.14; p. 30, 11.7, 13, read 'Uksin,

5.

Dropsie College.

Henry Malter-

SANITATION IN PALESTINE
The Committee
appointed by the Zionist Organization to study the

subject has submitted a series of comprehensive and detailed reports

upon the present and future needs


tine,

of the Public Health Service of Palesin

with special reference to the conditions to be anticipated

view

of the prospective influx of

immigrants of various

social conditions

and

from various lands.

The
line

preface states that "the recommendations submitted

lie

in

the

betwixt 'needful'

and

'possible'.

The authors

know

the Orient.

They have gained


ods,

their experience thereof in practical work."

Upon
by the

this experience, fused with knowledge of scientific principles and meth-

and with

special consideration of the

new problems

raised

results of the war, such as the Jewish migrations

and the actual condi-

tions in Palestine, their reports are based.

This

is

not the place for technical comment.

It is

quite possible that

some
ical

of the suggestions

made
is

are open to modification from a theoret-

viewpoint,

and

it

almost certain

more's the

pity

that
first

pracIt

tical obstacles will

prevent

many

of

them from being

carried out.

may
of
all

be said, however, that every one of the reports exhibits

hand

acquaintance with the situation; wide knowledge of the fundamentals

modern sanitary

practice;

full

sympathy with the

peculiar needs of
of the

strata of the population, present

and anticipated; recognition

magnitude and complexity of the problems involved; insistence upon


certain stern necessities that, for the sake of the general welfare,

may
in
is

require the suppression of pity for individual unfortunates


this,

yet even

humane

appreciation of the

human elements
is

involved, that

too often absent from the administration of immigration laws.

With

proper regard for authority and discipline there

conjoined a wholefutilities.

some impatience with bureaucratic complexities and


1

lufgaben und Organisation


tischen
a.

AJctionskomitee eretattet

W.

Brunn,

Sandler
I

in Palaeslina. Gutachten dem von Theodor Zlocisti, Richard Michel. Vuerbach, Regierungabaumeistei Axsx. Babrwald.
<t>
\

Sanitaelsdiensles

Berlin

erla

1920

pp.

!68

106

SANITATION

IX

PALESTINESOLIS COHEN

107

commend the study as a whole, and in its parvery serious consideration of the Palestinian government, and of all persons and associations concerned for the upbuilding of the Holy Land. It not only presents a clear view of present
ticulars, to the

We

can most heartily

failings

and

future

dangers both those

peculiar to the land

and

its

peoples, and

those common to human settlements everywhere but its plans for the correction of existing evils, for the organization of a ministry of publichealth, and for the establishment and development of hospitals and allied institutions, are well thought out. It notes also the

economic,

agricultural, industrial,

and educational factors

of the health-problem.'

Dr. Zlocisti's report deals with Immigration-hygiene, and has an appendix, with plans for quarantine stations, by Sanitary Engineer Michel. Dr. Brunn considers measures for the control
of infectious
diseases,

and the best form

of organization for the Palestinian Public-

Dr. Standler treats of Sanatoria and Health-resorts. Dr. Auerbach's study of general hospitals has an illustrated appendix by State Architect Baerwald upon the architectural problems of hospitals and health stations in the coast and interior cities, and in the villages

Health Service.

and colonies

of Palestine.

science

Arabian investigators and scholars kept alight the torch of medical amid "the darkness of the Gothic mediaeval night": and from
as
well

them Jews,

as

Christians,

learned

much.

But the Arabs


their centuries of

have not held their place as world-teachers.


neglect, Palestine has
cine,

Through

however,
is

Hygiene
lier,

a horror of insanitation. Modern medidebt to Jewish research-workers and authors. peculiarly a field in which, since the day of Moses, if not earis

become
in

deeply

"the children of Israel" have excelled.


of its sanitary progress to

Great Britain, for example,


of Jewish

owes much Benjamin


sanitas,

two moderns
and

blood-

Disraeli,

whose constant

iteration

reiteration of "sanitas,

omnia sanitas," was neither a mere witticism nor empty lip found concrete expression in laws and institutions; and Benjamin Ward Richardson, a genius in public health propaganda and organization. It would be worse than a tragedy, it would be an inefservice, but

faceable shame,
its

if

Palestine under a British

mandate and Jewish

aid

in

administration, should not be restored to the domain of advanced sanitation through an adequate and progressive health service, clothed with ample authority and provided with

abundant means.

108

THE JEWISH QUARTERLY REVIEW


upon the need
for

All the reports before us lay stress

money
The

indeed
sum

they go into quite detailed calculations on the subject.


required
is,

total

however, by no means unattainable, and


it,

if

the Palestinian

government cannot furnish

the Jews of the world can and should. given opportunity, provide
it

Moreover Jewry can and

will, if

men

able to

carry out the work, and zealous to accomplish

witness
of

this well-

grounded,

thorough, far-seeing and

practical

report

the Zionist

Committee.

Solomon Solis Cohen.


Philadelphia

SCHOLASTIC PHILOSOPHY
In 1879 Pope Leo XIII issued an Encyclical entitled from words,
its initial

"Aeterni Patris."

It

is

an extremely important document.

There he points out that


to see to
it

it is

the proper function of the


is

that the Catholic faith

kept free from error.

Roman Pontiff And inas-

much
est
all

as men's minds are often led astray by false philosophy, the high-

shepherds of the Christian flock have always taken care to see that

human

disciplines should be taught to the faithful in accord with the

norm

of the Catholic faith, especially so philosophy

upon which depends

to a great extent the correct interpretation of the other sciences.

The

present time, he continues,

demands a new reminder and

a renewed

consideration of the matter of philosophical studies.


If

one examines carefully two

evils,

public and private, of the preis

sent age,

Pope Leo

tells us,

he will find that a fruitful cause

an erro-

neous philosophy concerning things


its

way

into all ranks of society.

human and divine, which has found And as man is by nature prone to folit

low

in his

conduct the guidance of reason,


error his will will follow suit.
It is

follows that

if

his

underis

standing

is in

To

be sure philosophy

not

everything.
ble for evil.

not all-powerful for good any more than


help of

it is irresisti-

The

God must be sought above


neglected.

all.

Nevertheless
these

human and human aids

rational
is

means must not be

And among

a true philosophy.
if

Philosophy

properly used paves the

way

for the true faith

and

prepares the mind of the pupil to receive the words of revelation.

For

many

of the teachings of revelation

were discovered also by the ancient

philosophers by the sole aid of the reason, hence reason testifies to the
truths of revelation.

This

is

the symbolical meaning of the

command
and

that was given to the Israelites in Egypt on the eve of their departure

from that land that they should borrow vessels of


raiments from the Egyptians.
1

silver

and

of gold

This symbolizes the use that should be

Tomus

Phtlosophia Scholastica ad mentem Sancti Thomae. R. P. Seb. Uccello S. S. S. I, Logica, Ontologia. Cosmologia. Tomus II, Psychologia, Theodicea.Ethica-

Augustae Taurinorum

MCMXXI. w-

xx. 411, 4S9.

109

110 made
new;

THE JEWISH QUARTERLY REVIEW


of philosophy for the benefit of the true faith.

This

is

nothing

the Fathers of the Church followed the practice.

More
It

specifically philosophy
is

demonstrates the existence of God.


Philosophy must

also

shows that God

wisdom, justice and truth.


order that by
its

be cultivated diligently

in

help sacred theology

may

assume the character

of a science.

Philosophy lends clearness to some

extent even to the mysteries of the faith which cannot be strictly


strated.
It

demon-

helps also

in resisting

the attacks on religion on the part


all

of unbelievers.

In order, however, to be able to accomplish

these

things and be of service to religion,


fine itself to its

philosophy must be humble and conthe

proper sphere and

in

manner

of a

handmaiden attend
All that

upon the revealed doctrines and confirm them by been said so far is confirmed by a study of the history

reason.

has

of philosophy.

The

greatest of the ancient philosophers erred in their opinions because

they had not the benefit of revealed religion.

But the Fathers of the

Church combined the philosophical method with Christian revelation to the great benefit of the latter. The same was done by the Doctors of
the Middle Ages
greatest
all
is

who

are called Scholastics.

And among them


in his

the

Thomas Aquinas, who summed up


There
is

inimitable writings

that had been done before.

not a part of philosophy which

he has not treated with acumen and

solidity

the laws of ratiocination,


the other sensible things,

God and the incorporeal substances, human acts and their principles all

man and

these things he discusses, with a

fulness, order, conclusive force

and perspicuity which cannot be equalled.

Moreover, his arguments are based upon broad principles which carry within them the seed of an infinite number of truths to be opened in the
course of time as opportunity offers by subsequent teachers with great
benefit.

His refutation of the errors of his predecessors can very readily

be applied to the errors of the present and the future.

This

is

the reason

why

in

past times the most distinguished theologians and philosophers


his

hung upon
teachings.

words and regarded


his fellow

it

almost a

sin to

depart from his

Not merely

members of the Dominican Order, but

the Benedictines, the Carmelites, the Augustinians, the Jesuits and the

other sacred orders followed St. Thomas.


praise upon the doctrine
dict

The Popes,

too, lavished

of St.

Thomas

<

!lemen1 VI, Nicholas V, Bene-

XIII, PiusV, Clemenl XII, Urban V, Innocent XII, Benedict XIV,

Innocent VI.
various tilings

And what
.it

is

more,

Thomas

i^

quoted as an authority on
ol

the

'

umenical Councils, and the Fathers

the Tri-

SCHOLASTIC PHILOSOPHY
dentine Council place Aquinas's

HUSIK

111

Summa

on the same plane with

the

codices of the divine Scriptures and the decrees of the greatest Pontiffs,

as a source of truth.

The opponents even

of the Catholic doctrine sing

the praises of the Angelic doctor.


Since the sixteenth century, however, a

new order

in

philosophy

has taken the place of Scholasticism.


philosophize without restraint.
arisen as a result,

Everybody claims the freedom to Many and various philosophies have

more than

is

right.

The

variety of opinions on the

most important matters led to doubt and scepticism and thus easily to
error.

This contagion has spread among Catholics also who are

led

by

the instinct of imitation and the allurement of novelty to the detriment


of true science.

For

all

these reasons

it is

the desire of the Pope that efforts should

be made by the Church to restore Aquinas to the place of honor which


he formerly occupied and which
in
is

his due.

This
is

may

be accomplished
in

the following way.


in

Since the Christian faith


it is

being attacked
all

our

day

the

name

of a fallacious science,

necessary that

voung men
be armed

and

especially those
in the true

who have hopes


doctrine of St.

of serving the

Church should be

nurtured

Thomas so
all

that they

may

to defend their religion

and answer
alone,

questions.

Those who, pretend-

ing to be guided

by reason
its

have abandoned the Catholic Church


if

and have become

opponents, can best be brought back,

at

all,

by

the arguments of the Scholastic philosophy.

The

ills

of society, civil

and

political,

can best be cured

if

people can be

made

to lend

an ear to

the ideas of

Thomas Aquinas concerning


human knowledge
is

the true nature of liberty, the

origin of authority, the force of laws, the authority of

government, and
if

so on.

All

will

be the beneficiary

we have

a true

philosophy that

generally cultivated.
shall

This does not mean that every

statement of

Thomas Aquinas

be regarded as gospel truth even

though

it

has been proved untrue by modern science.

The motto should


the

rather be "vetera novis augere," to add the

new
is

to the old, to adopt as


in

much
new.

of the old as

is

compatible with what

indubitably true

In 1914,

Pope Pius X, the successor

of Leo, re-affirmed the advice

of his predecessor.

The book under review


effect of the

is

one of the very many evidences of the

Papal Encyclical on the Catholic priesthood and scholar-

ship.

It

would not serve any purpose to summarize here the comprehen-

112

THE JEWISH QUARTERLY REVIEW


two volumes before
us. It

sive contents of the

would require a considFor the work of


phil-

erably lengthy review, and a technical one to boot.

Uccello

is

no

less

than a presentation for school use of the entire

Thomas Aquinas. It goes even beyond the explicit teachings of St. Thomas, when it is necessary to take an attitude towards the various modern philosophies of Kant or Comte or Bergson. The development of the Thomistic philosophy in the hands of such men as Suarez is taken account of when it is necessary to expound in the spirit of Thomas Aquinas matters which the latter passed over in silence or very briefly. The author rejects Darwin's theory of evolution, and most of the modern social and political and legal theories. He is in complete
osophy
of

accord with the ideas of the Papal Encyclical and the book

is

intended

to be covered in a three-year course, thus giving the Catholic student a

complete philosophy from the orthodox Catholic point of view.

Whatever one may think


in this

of the value of the philosophy presented

book one must admire the courage


its

of the Catholic Church.

It

has the courage of

convictions and goes about planfully and sys-

tematically in realizing the Catholic

mind not merely by means

of a

catechism for the very young but by a systematic philosophy for the
mature.

Judaism has not attempted any such thing.


principles

The Synagogue
feelings in the

and the Sunday School inculcate certain


young.

and

The

schools and the seminaries impart a certain

amount
exist.

of

information.

But a systematic Jewish philosophy does not

We
work

have no Thomas Aquinas.

Maimonides does not occupy that

place,

and no one dreams

of giving

him such a

place.

All the scholarly

that has been done by Jews in connection with Jewish philosophy of the

Middle Ages has been


such
it

in

the nature of antiquarian research, and as

has been received by the public.

Many

leading Jews seem to

avoid deliberately a philosophic examination of the roots of Judaism

and a

relating of

them

to

modern

intellectual

and

social
if

movements.

The Jews have no Pope. But even


1>\

a Pope

is

powerless

not supported
is

an intelligent and learned

laity.

The dearth below

even greater

than that above.


Isaac Husik.
University of Pennsylvania.

KRAUSS' WIENER GESERAH'


This volume will be welcomed as another notable contribution to

Jewish history from the pen of Samuel Krauss.

Though narrower

in

scope than his recent Byzantian-Jewish historical studies, this book,


like the former,
is

noted for the manner

in

which the rabbinic erudition

of the author
its

is

applied to historical investigation, and particularly for

complete utilization of the rabbinic responsa.

The motive

of the

book

is

noteworthy.

For the volume was con-

ceived and written by the author as a semi-millennial memorial to the

Jewish martyrs of Vienna,


suffered expulsion
rah, of

who

five

hundred years ago,

in

1420-21,

and were burned at the stake by the decree, or GeseThis tragic theme
is

Duke

Albert of Austria.
is

rendered doubly

sad as the author

visibly weighed

down by

the contemporary suffer-

ings of his people in the

same

territory during the present world distress

which

is felt

so acutely in the one-time


its

gay capital

of Austria.

Even
in

the exterior of the work,

wretched paper, the want of illustrations

a subject that should properly be replete with illustrations,


rally unattractive outer

and

its

gene-

form betray the want and poverty of the condiin his

tions under

which the author labored, as he frankly states

melan-

choly preface.

These external wants are


its

felt

the

less,

however, as the book, despite


suit the

memorial character, was not intended to


is

popular taste.

The

serious historical student


of

more than compensated by the wide range the book, and by the abundance of detailed facts which render it a
of information relating to the
life

mine

men

of letters
in

and the

social

and

intellectual

of Austrian Jewish

communities
is

the fourteenth and

fifteenth centuries.

And though

the matter

at times diffuse,

and some
be

of the facts are not

always relevant to the main theme, they

will also

gratefully received

by the investigator

if

only as gratuitous

gifts.

For the contents of the book are not narrowly limited to the Geserah, or edict of expulsion, as the title
1

would seem to indicate. The


Wien und

vol-

Die Wiener Geserah vom Jahre 1421.


1920.

Von Samuel Krauss.

Leipzig.

WlLHELM BRAUMUELLER,

PP. XII. 264.


113

114

THE JEWISH QUARTERLY REVIEW


aptly described as a study of the political
literary figures of Austrian
life,

ume may be
conditions,

the social

and the

Jewry

in

the

first

quarter
orga-

of the fifteenth century.

The

technical aspects of the

communal

nization of the Jews in

Vienna and the surrounding

cities,

the ecomomic

hardships and restrictions under which Jewish artisans and merchants

were compelled to labor, the arbitrary tyranny of the outer government,

which was combined with a measure of

real inner

autonomy, the stag-

gering burden of taxes, levies, and imposts of every description, and the

problems related to their collection and administration,


jects are

all

these sub-

comprehended, and treated unevenly,

it

must be confessed,

with numerous digressions on incidental themes.

The

latter indeed are striking in their variety.

They

cover, for

instance, minor biographical notes about the leading rabbis of the times
or topographical details

about Vienna and the neighboring

cities,

or

curious oddities concerning Jewish names.

Sometimes, however, as
light vital facts,

under the subject of conflagrations, they bring to

which

lay bare the tragedy of mediaeval Jewry, reproducing the cloud of suspicion,

and the vindictive hatred

of the populace,

which reduced the

Jews

to a state of helplessness, bordering on fatalism.


It

would indeed appear as


in

if all

the sinister forces of mediaevalism bring about the final cata-

conspired

the early fifteenth century to

strophe; and to the chief of these elements Krauss devotes a learned

chapter.

Thus

the author

is

led to treat of the Hussite

wars

in their

relation to the Jews,

who were wantonly accused

of complicity with the

Hussite

enemy

at

whose very hands the Jews were suffering

torture.

The chapters on

the desecration of the host and the blood accusation,


in

which also are treated

relation to the Geserah, form interesting con-

tributions to the study of these mental aberrations of Mediaeval Chris-

tendom.
Dr. Krauss has therefore added to his works an important historical

monograph
is

of varied interest.

The wide compass

of the book,

how-

ever,

also

its

essential weakness; for the treatment


is
it

becomes inevitably

diffuse.

There

a lack of definiteness felt


is

throughout the work, and

strange to say,
the rabbinate.

most pronounced
looks
in

in

the treatment of the rabbis and

One

vain for a serious, well-balanced apprecia-

tion of either the learning, the works, or the personalities, of the great

rabbis

ol

the time.

As

to the institution of the Bet-Din,

which was

ol

KRAUSS' WIENEF GESERAH


focal

\l.i

MAN

115

importance

in

mediaeval Jewry,

it

is

almost entirely overlooked.


blur the pos

These shortcomings, however, while


merits of the book, which
is

serious, cannot

an important contribution to Jewish, as well


is

neral Mediaeval history. It is fair to state that the work only worthy of the great scholarship of the author; it is, above beautifully pious tribute to the memory of Jewish martyrdom.

not

all. a

Dropsie College.

Abraham

A.

Neuman.

PUBLICATIONS OF THE DROP SI E COLLEGE


A

VOLUME OF

THE BOOK OF PRECEPTS


By HEFES
B.

YASLIAH

EDITED FROM AX ARABIC MS. IX THE LIBRARY OF THE DROPSIE COLLEGE, TRAXSLATED IXTO HEBREW AXD PROVIDED WITH CRITICAL XOTES AXD AN IXTRODUCTIOX

By
278 pages.

B.

HALPER,
first

M.A., Ph.D.
Price S2. 00 post paid
It
is

Cloth bound.

This volume represents the

codification of talmudic laws in Arabic.


it

a store-house of Halakah, philology and philosophy as

was understood

at the be-

ginning of the period of Jewish-Arabic literary activity. Dr. Hartwig Hirschfeld, of Jews' College, London, and of the University of London, in reviewing the book in the Journal of the Royal Asiatic Society, says: 'Dr. Halper's introduction is through and instructive, his notes are ample and clear up most of

The work is an eloquent testimony to both in Arabic and Rabbinics, and its elegant get-up does great credit to the author as well as to the institution under whose auspices it was published.
the difficulties in a satisfactory manner.
his erudition
. . .

PROLEGOMENA TO A GREEK-HEBREW AND HEBREWGREEK INDEX TO AQUILA


Bv
160 pages.
Tuts
is

JOSEPH R EIDER,
Cloth bound.
of

Ph.D.

Price SI. 50 post paid.


Aquila's Greek translation
<>i

the

first

thorough treatment

the Bible,
is

-i indispensable to biblical exegesis.

Next

to the Septuagint the Aquila version


it

the most important witness of the original text of the Bible as


early part of the second century.
fore dealing with

existed during the

While

articles

and notes had been written heretois

some

special phases of this interesting version, this

the

first at-

tempt to deal comprehensively and exhaustively with every phase of it grammatical and lexical, textual and exegetieal. Moreover, in compiling this material, not only the old but also all the new fragments of the latest Genizah finds have been onsulted.
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THE JEWISH LAW OF AGENCY


By Israel Herbert Levinthal,
Introduction
Brooklyn, \.

The Jewish
the

people have been credited by the world


in

with having contributed more than any other people

domain

of Religion
of our

and Religious Morality.

Even the

most stubborn
were

opponents admit that Religion would


in civilization

not have been the force and the power


it
is
it

that

not for the Jew.

Few, however, know how


to other fields in the realm
is

of

much the Jew has contributed human progress. To Rome


ment.
to

given unstinted praise for

her legal system and for her influence upon juristic develop-

Xo text-book on any legal topic fails Rome for her contribution in the field
Jew
is

to

pay homage

of law.

That
But
by

she deserves most of this praise, no one will doubt.


that the

deserving of more credit than he receives


in

for his contribution

the

field

of law,

is

realized

only a few.

When
glimpses
in

one delves

in

the pages of the

Talmud and
he marvels at
sages;
is

the works of the later rabbis,

the fine legal insight possessed


at times he

by these ancient

and

would almost be

led to believe that

he

studycode.

ing the laws of

some modern and highly developed


Is
it

Nay, more, he would (begin to ask himself:


with the modern juristic

possible

that this ancient collection of laws, that are so in consonance


spirit,

should have had no influence

upon the systems

of law that rule the peoples of to-day?

He would
his treatise

then,

undoubtedly,

come

to

the

conclusion he said,
in

reached by President

Woodrow Wilson when


" It
117

on the State:

would be a mistake, however,

118

THE JEWISH QUARTERLY REVIEW

to ascribe to

Roman

legal conceptions

an undivided sway

over the development of law and institutions during the

Middle Ages.
of

The Teuton came under


into

the influence, not

Rome

only, but also of Christianity;

and through the


of Judaic

Church there entered


thought.

Europe a potent leaven

The laws

of

Moses

as well as the laws of

Rome
if

contributed suggestion and impulse to the


tions

men and

institu-

which were

to prepare the

modern world; and

we

could but have the eyes to see the subtle elements of thought

which constitute the gross substance of our present habit,


both as regards the sphere of private
the action of the state, we should easily besides religion we owe to the Jew".
1

life,

and as regards

discover

how much

It is true that all ancient peoples

have developed certain


scholar and father

systems of law, and


to be similar

in fact

many

are the laws that are found

among them.

The eminent

of the study of

Comparative Law, Josef Kohler, has even

gone so
of

far as to say:

"The more we proceed

in

our study

humanity the

clearer

and the more evident

it

becomes
and

to us that the
liarities,

whole human family, despite national pecu-

are actuated not only

by

similar instincts

desires,

but especially

in

law and

in

the development of

public institutions, they


tural forces." 2

show the

influence of similar cul-

But the more we study ancient law, the


to the conclusion that in
in

more we come
has law so

no other system

much

commcn

with the modern development,


of law so

and nowhere are the true grounds and reasons

well declared as in the jurisprudence of the Jew.

The study
of
its

of Jewish law

is

important not only because


of

essentially

modern

((inception

human

rela-

tionship,
gel

bul

also

because by means

of this

study we

the clearesl insighl into the unconquerable spirit of the


tion
bei

no.
die

Methode der

Ichung," inGruenhut's Zttischr.,

Vol.

XXVIII

THE JEWISH LAW OF AGENCY


Jewish people.

LEVINTHAL
to

119

He who would endeavor


life

comprehend

and
to

to appreciate the national


spirit

of the Jew, he

who wants
his divine

understand the

which helped to create

become acquainted with the foundation, the groundwork upon which such a life was reared. This foundation and ground-work is not, as in the case of
literature,
first

must

other peoples, to be found


Israel.
3

in their land,

but

in

the law of

The Distinctiveness of Jewish Law


What
than
its

impresses the student of Jewish law, even more

similarity to the latest

modern systems,
body
law,

is

the

humane spirit To do justice


itself, if

that permeates
is

the entire
all

of the law.

the very purpose of

but justice
result in in-

carried to extremes,

may sometimes

justice.
just,
in all

Jewish law endeavors to be humane as well as and, therefore, takes cognizance of the human element

human

relationship.

And

it is

this

humane element
its

that strikes a distinctive note and

makes

strongest
this
is

appeal even to the non-Jewish student. 4

Perhaps

due

to the fact that

among

the Jews the distinction between

religious

scholars of the Mosaic


ritual,

and secular law was not known. 5 The division by and rabbinic legislation into moral,
legal laws
is

and

wholly arbitrary. 6

In fact the re-

ligious

in all ancient nature peoples and permeates every phase of their life.

element plays a very important role

"Law and
Indeed law

religion are to
is

them one and the same

thing.

but one of the

many

form- by means of
In the

which their religious ideas are put into effect." 7


5

Das Mosaische Recht, Berlin, 1853, p. 13. * cf. Dr. Josef Kohler's Introduction to Der Talmud und scin Recht. by Dr. Mordche W. Rapaport. Berlin, 1912, p. A "Besonders wohltuend aber wirkt die Hunia
cf. J.
.-

L. Saalschtltz,

des jtldischen Rechts."


1

Roman

Cos Recht
7

der Griechen

law does make this distinction in Jus and Fas. cf. Leopold Wenger, und Romer, p. 184; R. Sohm. The Institutes. 3d ed., p. 22, note 2.
Isaacs,

Nathan

The Law and


p. 3.

the

Law

of Change, p. 4.

Cf. J. Kohler, Die Anfcinge des Rechts

und das Recht der Primitivcn

V biker,

in

Mlgemeine Rechtsgeschichte,

120

THE JEWISH QUARTERLY REVIEW

case of the Jew, however, his religion not only influenced


his law,

but permeated

its

very structure.

His law was

to

him part and

parcel of his religion,

and Kohler grasped


he

the force of this truth when, eulogizing Jewish law,


exclaims:
ralrecht

"Das Recht

des alten Israel.

.es

war

ein Sak-

im hochsten Sinne". 8
Basis and Development of Jewish
outset,

The

Law
the

At the
basis

we must endeavor
of
all

to understand

and the development

Jewish law.
its

Each and
source
in,

every law must be based upon, and find

Holy Writ or

at least in an oral tradition bearing

upon an

interpretation of the biblical

word

or phrase.

In the dis-

cussion of every law, you will always find the expression:

"Upon what
is

Scriptural verse

is it

based?".

The Talmud
it,

not a code formulated by a legislative body, nor does


its

of

own

volition, decree the law.

It derives its

authority

solely from the Scriptures, and the interpretation of the


biblical

words

is

its

principal function. 9
all

That does not mean that


found
tainly
in

Jewish laws are to be

the Bible.

Post-biblical Jewish law

most

cer-

went beyond Scripture.

New

provisions had to be

created to meet
foreseen.

new

conditions which could not have been

The

scribes,

and

later,

the rabbis, for political,


to create,

national,

and natural reasons, endeavored

by

legal fictions,

by equity and by

legislation, a

hedge around
in

the Torah", a "chain of tradition".


legal

Though
riot

theory the

canon was closed forever,

it

did

in

fact prevent

the Jews from interpreting and developing their laws

and

precepts with life-giving freedom.

But

this interpretation

and development was always centered about the


I

Bible. 10

Kohler,
Dei
iai

ibid. ch.

on

" [sraelitisi hes

Recht,"

p. 71.

Talmud und
,

of the

M. W. Rapaport, i>. 4. ibid, p. 1; cf. Sii Henrj Maine, Ancient Law, ch. 2, for a discussion brought into harmony with the progr which law in instrumentalities operated in the development of Jewish law.
sein Recht, \<y Dr.

THE JEWISH LAW OF AGENCY


Especially
is

LEVINTHA1

121

tliis

true

in

the case of the Civil

\\

The development

here presents a remarkable contrast

t<>
.til

that of the Criminal

Law. While the


its

latter

retained

through the course of existence

Mosaic character, the

former was practically a talmudic edifice reared on


principles.

Mo

But

this contrast

is

explained easily enough

Criminal and capital laws are closely connected with the


existence of an independent state; civil laws enjoy a certain

independence of
an ample
field

political conditions;

autonomy

itself offers

for the growth of the latter.

And

as the

Jews continued to enjoy


Palestine,

their
in

autonomy

for a long

time

in

and especially

Babylon, after their right to


their civil

practise their criminal law

was taken from them,


In fact

system continued to develop after the destruction of the


state,

with ever increasing vigor.


in

it

reached

its

culmination

Babylon. 11
itself

The
laws,

Bible

contains comparatively very few

civil

and even those mentioned are not stated

explicitly

but casually.
ed upon.

Contracts and obligations are hardly touchsufficiently

The only laws

expounded are those


It is

of damages, guardians,

and inheritance.

evident that

the civil laws mentioned in the Pentateuch were adjusted


to an agricultural

community,

living in the small circle

of its family possessions,

without practising much com-

As soon as the family circles were broken and intercourse and commerce spread, the few premerce or industry.
scribed laws proved insufficient

and a system

of civil laws

had to be constructed.
the system of more
11

It

is
r

possible that under these

conditions, Jewish civil law

w as somewhat

influenced

by

commercial nations, such as the

Baby-

the same reason that one may note that Philo in his discussion of more in conformity with the rabbis in civil law than in criminal law. The latter was not permitted to be practised by the Jews in his day, and so he was dealing with theory alone, and there he was often the preacher or philosopher instead
It is for
is

Jewish law

of the legalist.

In his discussion of the

civil

law, he

was

in

agreement with the rabbis,


it

because that was actually practised, and he could not therefore interpret

differently.

122

THE JEWISH QUARTERLY REVIEW

lonians, with

whom

they came

in

contact.

During the

second Temple the


to the
life,

civil

law kept on developing according

conditions, usages,

and

rules of

conduct of the
legal systems,

age, adapting

and modifying usages of other

most

likely

the

practised their

Roman. 12 As already stated, the Jews own civil law even after the loss of their
it

sovereignty, and

continued

its

development, reaching the

height of

its

glory in the Babylonian period.

In later years attempts were

made

to collect in syste-

matic fashion the manifold legal decisions scattered throughout the pages of the Talmud. One of the
of these codes or digests of the
first

and foremost

law was the Mishneh Torah,or


in

the

Yad ha-Hazakah,

of

Maimonides, 13

which the author


it

strives to state the

law as the Talmud has

and

in

which

he also mentions certain cases which show the later develop-

ment

of the law.
is

The next
14

great

work

of systematizing

talmudic law

the

Tur, a code of law,


Finally

written

about

1340 by Jacob ben Asher.


the Shulhan

must be mentioned

Aruk

of Joseph Caro, 15

which again endeavors

to give a clear

and concise statement of Jewish law.

The
in

law

in these codes,

however, must be studied carefully

order to

know which may be

traced to talmudic sources,

as in the interim between the

Talmud and

the Shulhan

Aruk, Jewish law continued to grow and to develop.

Difficulty in Studying Talmudic

Law

When we compare the Jewish law of the Talmud with Roman law, one thing must be said to the advantage the of the latter. Roman law is a model of system and arrange12 Cf. M. Waxtnan, "Civil and Criminal Procedure of Jewish Courts," Seminary Annual, I'M 4. p. !(>.). For arguments endeavoring to prove that the rabbis did not onault, and were not Influenced by, the Roman law, see Hirsch B. Fassel, Das Mosaisch
i

Rabbinischt CMlrecht, Vol.


11

I. p.

(>

f.

Rabbi Motei ben Maimon, Arabic name Abu [mran Musa ben Matmun tbn \ui Utah, b. 1135 m ardova, d. 1204 In Cairo; cf. S. E* yd. IX, p. 73.
<

1280
i

140;

i.

./

'

yd.,

188-1575;

cf.

./.

Encyd.,

III. 585.

THE JEWISH LAW OF AGENCYLEVINTHAL


ment.
It

123
citizens.

was a guide

for the actual

life

of

it.
it

was the function of the judge to decide the detailed case before him upon these stated principles. In the Talmud, however,
the reverse
lacking.
is

General principles of law, only, are given, and

the truth.
is

System and arrangement are


not

The Talmud

a code

of

general

legal

principles, but rather a compilation of discussions of detailed

and
but

specific cases of law.

Furthermore
is

it

must be work

remembered
alone,
legal

that

the

Talmud

not

legal

comprises
treated

many
therein
in

other
are,

subjects.

The
sys-

subjects

therefore,

not

tematized and arranged

certain parts, but scattered


their pages.

throughout the
subject

many volumes and


It
is

The same

may

often be discussed in various sections and un-

der different headings. 16

because of this difficulty

that so few attempts have been


topics of the

made

to treat the legal

of those which have been made contain conclusions and deductions that are

Talmud, and that many

erroneous and fallacious.

It

must, furthermore, be rememhitherto wrote on the law of

bered that most of those


the

who

Talmud were

theologians rather than jurists, and theo-

logians not altogether free from prejudice

and

bias.

17

The
of

day has come when


engross
the

this interesting

branch of study should


but

attention

not

only of theologians

lawyers and jurists as well, especially those students


realize the

who

importance of the study of Comparative Juris-

prudence.

They

will

then find that what was said by

Hale, the distinguished English jurist,

with reference to

Roman "He set

law might
himself

equally

well be said of Jewish law:

much ",

says Bishop Burnet, his biographer,


law,

"to the study of the


in

Roman

and though he

liked the

and system of the Talmud, cf. H. Strack Einteitung Mielziner, Introduction to the Talmud. For an exhaustive analysis of works by Christian authors treating erroneously Jewish law, see Die Rechte der Israeliten, Athener und Romer, by Dr. Samuel Mayer
of the contents
17

" For a study den Talmud; M.

.'Leipzig, 1862), p. 3

ff.

124

THE JEWISH QUARTERLY REVIEW


of judicature in

way
in

England.

yet he often said that

the true grounds and reasons of law were so well delivered


the Digests, that a

man

could never understand law as


it

a science so well as

by seeking

there,

and lamented much,

that

it

was

so little studied in

England". 18

THE LAW OF AGENCY


Meaning and Scope of Subject
Agency
authority.
in this
in its

broader sense includes every relation


for or represents

in

which one person acts


This
is

another by his
it is

not the sense in which

endeavored

paper to study the Jewish law of Agency. Such an


its

inquiry would be too broad in

scope and would include

studies in guardianship, bailments, letting

and

hiring, trust

and partnership, wherever one

may

act in the interest of

another without being technically his agent. 19


shall limit ourselves to the

Here we
which

more

restricted sense in

the term

is

used

in

the Anglo-American law, and shall

deal with the relations established


as the agent
is

when a person known


for

authorized to represent and act for another,

known

as the principal,

and does so represent and act

him, thereby legally binding the principal in his connection

with a third person; and also with the relations established

when

a representative

is

vested with authority to perform

operative or mechanical duties for his principal, not intending to create

any new

legal relations

between him and third

persons,
alone.-'"

but simply acting for his benefit or interests


In other words,
in

we

shall deal

with the subject as


of prin-

understood
cipal

the

modern law under the headings

and agent and master and servant.


ted

bj

Jami

Flu

Academical Study of the Civil Law, Macmillan,

1871, p. 61.
19

Though
Mi
.

tin

ditional lalei in theii


"

Tui .mil Shulban 'Aiuk (Hosheo hapten on Ageni y.


i

i-| ih.it

186,

L.2)

include con-

hi in

5,

<>.

THE JEWISH LAW OF AGENCY

LEVINTHAL

125

The person who serves a principal in this rcl.it ion is his agent, known in Jewish law as nr?w Slnilimh or tW Shaliali "one who is sent";-' the person who sends or who
1

authorizes the Shalia'i to represent him


D?#? the Meshalleajf or 0?W Sholeah "one

is

usually termed

who

causes to be

sent or one

two

is

who sends"; the relation created between known as rorr? Shelihitt or "agency".

the

DISTINCTION" BETWEEN"

AGENCY AND OTHER LEGAL RELATIONS.

It

is

sometimes quite

difficult

to determine

whether

a certain contract creates the ordinary relation of principal

and agent or a

special relation covered


as, for instance,

by some

of the. other

branches of the law,


ship.

the relation of partnerhis

partner

is

also

an agent, but

agency

is

of a

special
felt

and peculiar character.

Maimonides,

for instance,

the closeness of the legal relationship to such an extent

that he joins the laws of both of these subjects under one

heading
law,
23

Hilkot Sheluhin we-shutafin.


Jewish,
it is

22

As

in

the English
it

so also in the

safe to say that

becomes

a question of construction upon the whole agreement, and


the intention of the parties will be the controlling consi51
I

am

indebted to Prof. Louis Ginzberg for the suggestion that these two terms
17171?

was a distinction between and denotes "one who is sent," and would refer to anyone sent or appointed to do a certain act. The term rTvtP (shaliah on the other hand, would be the technical designation of Agent, of one who was recognized to hold that position regularly for a principal; cf. Baba Kamma IX. 5 for an excellent example, where the Mishnah is careful in noting this distinction N71 1337 H7 ]n' N7 The Mishnah here uses 17170 when it refers to the man's IT7e>7 pi 73N im7E>7 In representative, appointed by him simply to receive for him the stolen property; it
them.

are not altogether synonymous, but that originally there

The term

(shaluah)

is

the participle of

ri/tP

one holding the office of agent for the Bet Din. So, too, it is worth noting that the expression ,]H JV3 171727 referring to the technical Court agent, never occurs. Cf. also Yoma 1.4 for another
uses rP72>
it

when

refers to the Court's representative, to the

example showing
22

this distinction.

Kiddushin 41a. where the Talmud already noticed the nearness of the relationship between partnership and agency, and where it, in fact, hints that partnership is a special form of agency.
Cf.
23

p. 7.

Burdick on Partnership, p. 59. 195; E. W. Huffcutt. The Law of Agency, 2d Crinton v. Strong 148 111. 587; Wright v. Davidson 13 Minn. 449.

ed.,

126

THE JEWISH QUARTERLY REVIEW


some other
special

deration, as to whether an agency or


relation
is

created.

Agenxy

Belongs

to

Commercial
it

Age.
once be

Accepting our definition of agency,


seen that
it

will at

belongs to a condition of society in which com-

mercial transactions are highly developed. mercial society, while


it

non-com-

might have much use

for servants,

would have

little

need of agents, empowered to represent


It

the principal in business dealings with third persons.


is

for that reason that in the English


is

Common Law,

Agency,

as a separate subject,

a matter of late development. 24

In fact the

very

title

Blackstone scarcely refers to

"Agency" is of modern origin. it. "The Law of principal


editors,

and agent", says one of Blackstone's most learned


Prof.

Hammond,

"is derived
in

from the canon law, and has


in recent times.

only been introduced


Principal

the

common law

and Agent does not occur


it,

in Viner's

Abridgement

or those preceding

and
it

it is

only at the end of the 18th

century that we find


title

beginning to appear as a separate

as yet of very limited applications". 25

The index

of

Reeve's History of English


to

Law contains no
and Agent.

reference either

Agency or

to Principal

So, too, Sir

Henry Law".
at-

Maine has no

reference to this subject in his "Ancient

That the early Roman Law was destitute of the modern


notion of Agency,
is
it

admitted by Mr. Hunter, who


with the statement:
of

tempts to explain

"It must be

remembered that the absence

Agency characterizes every

department of the ancient law." 26


m Mechem, 5 10. Hammond's Blackstone,
Holmes,
p. 398. " Roman law was very slow to recognize Hunter's Roman Law, 4th ed., p. 609. the idea of representation, and the sphere within which it was applied remained through-." out t. The Institutes, by Rudolph Sohm, 1907, p. 220; also Mitteis, Die Lehre von der Stellvertrelung nach rdmisi hen Recht, 1885, p. 9 ff.
..
i

Hk. I. p. 71). Cf. I Blackstone Comm. 427; O. "History of Agency," in Select Essays, Anglo-Amer. Legal Hist., Vol.

W.
1 1 1

<

THE JEWISH LAW OF AGENCY


But Mr. Hunter,
only does Maimonides
in this

LEVINTHAL
fails

127

sweeping assertion,

to

note the one important exception, the Jewish Law.

Nol

know and

deal with the specific

term of "Shelihut", Agency, but even the rabbis of the

Talmud

frequently speak of the "Shaliah", the agent, and

the Meshalleah or Sholeah, the principal, and show their

complete understanding of the importance of


relationship.

this

legal

Classification" of

Agents

Some modern
servant.
27

jurists

make

a distinction between the


of master
lies in

relation of principal
It is

and agent and that

and
the

often said that the distinction


is

fact that
is

an agent

vested with discretion, while a servant

not. 28

According to Huffcutt, 29 the difference between


is

the agent and the servant

not that one has discretion

and the other has not, but depends upon whether his
authority
is

to

do an act which

results in a contractual

obligation with a third party or not.

In the

first

instance

he

is

an agent;

in

the second he

is

the servant. 30

If

we would apply

Huffcutt's theory to Jewish law, a


to deliver
to his wife
if,

man

sent

by the principal

a "get"

(a bill of divorce),

would be an agent;

however, the

man

was vested with authority


place, he

to drive a horse to a designated

would be a servant.

But

it

must be noted that


In both of the

Jewish law makes no such distinction.

above instances, Jewish law would designate the party


17
s

So the Roman law speaks

XXVIII Am. Law

thus:
is
29
30

"A

messenger

is

of procurator, representative and nuntius, messenger. Rev. 9, 22. Sohm, in his Institutes, puts the distinction merely a conduit pipe for conveying my will, a representative

a person

who

wills instead of
p. 18.

me."

Agency,

is

He gives the following illustration as proof of his theory: A railroad conductor not an agent merely because he is vested with a wide discretion as to the management of his train. He is a servant as long as his authority is to do an act not resulting
in contractual obligation;
if

vested with authority to engage employees, then he


to sell a horse at a specified price to a
-

is

an agent.
fied

So a representative authorized
is

person for cash

of the sale;

his act results in a contractual obligation,

not a servant merely because he has no discretion as to the terms and he is therefore an agent.

128

THE JEWISH QUARTERLY REVIEW

vested with authority as the Shalialj, agent. 31

And

it

is

interesting to note that while modern text-books do speak


of agent

and servant,

legal writers of

renown minimize the

distinction,

and evidently agree with the Jewish law that


no difference between the
relation

in legal essence there is

of

master and servant and that of principal and agent.


terms, they say, are fundamentally interchangeable

The

and the distinction between them evidential only. 32

Modern writers, in treating the theme of Agency, also make a distinction between general agents and special agents, the first applying when the agent has authority to
act for his principal in
all

matters, the second applying

when the agent


in
a

is

authorized to act for his principal only


transaction.
it is

single,

specific

Jewish law

makes

no such distinction, and again

worth noting that the

more advanced authorities are


ish view.
33

in

agreement with the Jew-

Jewish law makes only the following distinctions, or


rather classifications, in the field of agency. the
"n
"? 1

It

speaks of

Sarsor, literally, a broker or middle-man, but

which

is

defined

by Maimonides and the


34

later codes as a

Shaliah or agent,
principal's behalf.

who receives pay for his labors in The Bah 35 makes a very striking
""???

the
dis-

tinction
in

between the word Sarsor as used by Maimonides


Sarser, also

connection with agency and the word


M

Many

cases discussed in the


in

and Servant would, of Hirinc" niT30.


3-

modern text-books under the heading of Master Jewish law, find their place under the specified subject of "Laws
Rev.
9;

XXVIU Am. Law


articles

IV Harvard Law Review, 345, and


and servant.

by Holmes. an outgrowth and expansion

Rn.

1.

Historically, of course, the

V Harv. Law law of principal and agent is


Cf. fCingan v. Silvers

of the law of master

13 Ind. Aim.. SO;

Mechem,

8.

"Tin
agency)
p.
is

distinction given

a vague one, and often leads to


.i^
t<>

by writers (referring to terms general and special in more confusion than it cures. Writers do

nut agree
19.
;

the distinction

Itself,

much

less as to its legal effects."

Huffcut, ibid,

Maimonides, Sheluhlm
"
.

[1.6; Jva and Shulhan 'Aruk, Goshen MMiput, 185, 1. ommentary on the Tn- by k. Joel Slrlcea (b. at Lublin, 1561
1.

.1

racow, 1640;

f.

.'.

in... XI, 197), to Tut 181,

THE JEWISH LAW OF AGENCV


used by him
suggests,
in

LEVINTHAL

129

his discussion

of Sales. 88

The

former, he

means agent; the


commissioner, 37

latter

means
in

a broker, a middle-

man

or

called
is

the

Talmud

K799D

Safsira, broker. 38

The

Sarser

subject to the same laws

as an ordinary purchaser, and not as the Sarsor, or agent Hence, if a principal said to his Sarsor or agent: 'Sell for-

me my
money

pin for $100",

and he sold

it

for $200,
3

the extra
'

received would belong

to the principal;

but

if

a Sarser

were told

to

sell

for

SI 00,

and

the

article

brought more, the surplus would belong to the broki

From
that he
is

the definition of Sarsor, as given by Maimonides, the paid agent, we would infer that the general
in

term Shaliah agent, as used


a gratuitous agent alone. 41

the Jewish law, refers to

While there is this distinction between the Sarsor and the Shaliah, viz. that the former is a paid agent and the latter is a gratuitous agent, the legal
party

consequence of their relation to the principal and to the third is the same, with the one exception, the question of
the agent's liability to the principal for loss or

damages

suffered

by him. 42

believe that
is

it

would be more correct

to say that the

term Shaliah

the general or inclusive term

of agency,

and is used when we speak of rules applying both to the paid and to the gratuitous ones, while the term Sarsor is used when we speak of the rules applying to the
m Maim.
Hilkot Mekirah, ch.
7.

" Jastrow's Talmudic Dictionary translates IID^D broker, middleman, agent thus making no distinction between them; "WW he translates agent the reverse of
the Bah's suggestion. While the Bah's suggestion has force in connection with Maimonides' use of the terms and also in connection with the use by later rabbis. Jastrow seems to be correct in his interpretation as used in the Talmud. Cf. Jerusalem Talmud Aboda Zarah 1, 39c; With 1D1D0T D:p "I1D1D ? "he fined the broker and
1

they

called
38

him a nan that serves as a Roman agent."


Cf. B. Mesi'a 42b.
p. 135.
1.

" See below,


*o
11

Cf. Bah, Tur, 181,

According to Roman law, agency must be gratuitous, otherwise it would be Locatio et Conductio (letting to hire), Digest XVII, 1, 6; cf. S. F. Harris, Elements of

Roman Law,
4 -

1875, P. 145.
p.
1

See below,

76.

130

THE JEWISH QUARTERLY REVIEW


In their legal effect, there
is

paid agent alone.

absolutely

no

difference, with the exception just noted.

43

There
law:

is

a third type of agency spoken of in Jewish

nwn

harsha'ah, 44 literally, an authorization, authorof attorney,

ity or

power

and

refers

mostly to cases where


"itotP

the agent has a written power of attorney nNBnn


represent his

to

principal in court, bringing an action in his

behalf to recover money, land or goods that belong to him. 45

While harsha'ah
action,
it

is

used mostly in connection with court


itself to that,

does not limit

and may be used as


a debt due to the

written authority in ordinary agency to collect from the


third party
principal. 46
shelihut,

an

article

belonging

to, or

The main
is

difference

between harsha'ah and


all

then,

this,

that the latter would refer to

contracts of agency, while the former would be used only


to collect a debt or in

an action to secure a certain

article

from a bailee or trustee, belonging to the principal.


is

There

also a practical difference


It will

between ordinary shelihut and


agency. 47

harsha'ah.

be shown later that the death of the


all

principal revokes at once

Now

suppose Reu-

ben sends Simeon to


43

collect

from Levi a debt due him or

Rabbenu Jeroham

distinctly said that the laws of Sarsor

transactions are exactly the same.

and Shaliah in business Quoted by Bet Yosef (commentary by Joseph

Caro) to Tur, 185, 1. Ketub. 95a; Shebu. 31a. 45 The term harsha'ah is derived from the Hiphil form of the verb 7iV\ "to have power," which originally was used in connection with the power to claim a debt (cf. Targum Onkelos to Deut. 24, 10, where the words 1JTQ ntPH '3 are translated 'BHVi HX -p3rn. So also in Assyrian, "Eresu" means a claim). Harsha'ah, then, would mean In KivnR of authority or power to claim a debt. It refers, however, to written authority alone, though the word "IBB> "written document" is ofttimes to be understood (cf. Shebu. 31a). The principal, or the one who gives the Harsha'ah is termed the HBHO
t

Marsheh; the agent, to


also as the
*'

whom

it

is

given,

is

known

as the

nt^HO Mursheh, sometimes

ntWirO K3 "he who comes with

a harsha'ah."

itor in
'

Cf. Sh, Ar. (josh. Mish., 122, 1.3. According to the Roman civil law, the credan obligation cannot transfer nr assign his rights to another. Hut he may bj indatiim Actionis" constitute the other his procurator, or "processua! agent,"
of the action,
i.

for

purposes

e.,

he

le

' in

the other to sue

.i- liis
it

amount due undei the ob datum In Rem Suam" l


i

rid

may
I

further agree by what

agent for the ailed b " Man<

t. iin the sum recovered in the action, M. hi. latum Actionis" would be similar to the harsha'ah.

below,

p.

0.

THE JEWISH LAW OF AGENCY


to take from

LEVINTHA1

Ul

him an

article of his held l>y Levi; suppose,

further, that before


dies.

Simeon performs

his mission, Rcul.cn

Levi,

not knowing of Reuben's death,


If

pays

the

money
If,

to Simeon.

Simeon would then

lose the

money,

Levi would be responsible to Reuben's heirs for the amount.

however, Reuben,

in

the

same

case, gives

Simeon a
after

harsha'ah, Levi could

pay him the money, even


all

Reu-

ben's death, and

Simeon would assume

responsibility.

The harshaah,
itself

in legal effect, transfers or assigns the

claim

to the agent,
effect. 48

and hence the death

of the principal
if

has no

Hence, the third party,

he so desired,

has a right to refuse to acknowledge an ordinary agent,


sent to collect from

him a debt, while he must recognize

the Mursheh.

49

It is interesting to

review, briefly, the historical de-

00 velopment of harsha'ah.'

From
its

the
use

Talmud and Maiwas gieatly


in the

monides
ed.

it

can be seen that


it

restrict-

Originally
in

was not

to be

used

case of a

debt or

the case where an article was sought from a

bailee, the possession or title of


It

which was denied by him. 51

was not given

in

the case of a debt, even where there


of the loan,

was documentary evidence


that the identical
D^y"?

on the principle

money loaned could not be traced, and N3 vbw -m mpn din yx, "a man cannot give
of that

possession (transfer) to his neighbor

which does

not exist".

52

Sh. Ar.
Ibid.

Hosh Mish.,

122,

1, cf.

below, p. 171.

60

Das

Jiidische Obligationes-Recht,
61

For an ingenious explanation of the origin of the institution of harsha'ah see by Dr. Leopold Auerbach, Berlin, 1871, p. 567f. Baba Kamma 70a; Maim. Sheluhin, III, 6. It must be noted that the Talmud,

ibid.,

discusses only the question of harsha'ah in relation to Personal Property, as in

In the case is no doubt that harsha'ah could be given. Real Property ownership was the all-important matter and implied the notion of possession, even though possession was temporarily denied him. 52 Maim. Ill, 7, cf. Baba Batra 157a. The distinction must be noted between the documentary evidence of an oral debt, which was simply an I. O. U. paper, not sealed nor e.. an acknowlattested by witnesses, and a 3in "It32> "writing of debt," a sealed bond,

the case of Real Property there

of

edgement

of debt attested

by two or more witnesses.

The

latter operates in Jewish

132

THE JEWISH QUARTERLY REVIEW

The Geonim, however, saw


this rule in that
it

the hardships caused by

discouraged loans, and ruled that in the

case of loans, where there was written evidence of the debt,

harsha'ah could be given, even where the debt was denied; 53

but

it

was

still

not allowed in the case of debts arising by


later,

parol. It

was only

with the development of trade and


all

business that the rabbis allowed harshaah to be used in


cases, in debts arising

from verbal as well as written con-

tractes

and

in

disputed cases of bailment as well as where

possession
It
is

was admitted. 54
interesting to

note that the rabbis limit the

Mursheh

to represent the plaintiff only. 55

The

principal

reason for compelling the defendant to appear in person

seems to have been the feeling that


face the plaintiff in

if

he were obliged to

open court,

there would

be

slighter

probability of false plea or concealment of the truth on his


part. 56

Besides, the plaintiff

is

supposed to have positive

right to tangible things,

whether property or money, and

such rights can be transferred to an agent by the normal


act of kinyan, while the defendant has only verbal answers,

which cannot be transferred, so that


only a lawyer, and such an
legal understanding as a mortgage,

his representative

is

office

did not find favor


its

in

from the time of


~\\2V,

delivery, of

all

the debtor's

land wherever situated.

In the case of a 3in

sealed

bond harshaah could always

be given, as

be seen already from a Tannaitic source (Kidd. 47b), for the reason something tangible and concrete, and also because it carries with it "subjected property," 138> "lUy'BTI HjpO tOHP '330 i. e., a judgment on this bond may be levied on all real property of the debtor sold or pledged to others after the delivery of said bond. Cf. B. B. 75b, 77a, 77b; Maim. Ill, 7. Harshaah could not be given for the purpose of securing an oath from a third party, because it was limited to cases dealing with claims of tangible things, not where the claim was for
that the bond
itself is

may

mere words.

Cf.

Maim.

Ill, 7.

ibid;

Tosafot, Bab.

Kam.

70a, quoting R.

Hananel and R. Tarn;

cf.

also

Maim.

Kesef Mishneh (commentary to Maim, by Joseph Caro), ibid. The earlier authorities did not favor the institution of ih. Mish. 12*. 1.

harsha'ah, a<

may

be seen from the statement of the

VDV "pro
be classed

ntsy aiu

nb TWO |ro
those ol
18,

IBUQTl

hhiz ton

"

Talmud: '"in nxsina ton 731 He who comes with a harsha'ah may
is

among
'
.

whom
i.

Scripture says, 'he did that which


Ill, 5.

not good

among

his people.

Ezelc

18; cf.

Shebu. 31a; Maim.

h.
,,

Mish., 124,

d.

ha-Golab oommentarial glo Yilna. 1671 to Hosh. Mish., ibid.


1

ilban'Aruk by R. Moses Ribkes.

THE JEWISH LAW OF AGENCYLEVI NTHAL


Jewish law. 57

13.3

The only
which
it

case,

It

appears,

known
in

to the

Talmudists

in

was assumed that an attorney might


which
There, however, he was not

be permitted to appear for the defendant, was one


the high priest was sued.

called the Mursheh, but -\hsin Entlar 58 (^roXdptos).

Principle upon which Agency

is

Founded

The theory

of

Agency

is

founded upon the oft-declared


is

principle VTID3 din bv lmfcp", a man's agent

like himself,
is

which means that one who acts through an agent


regarded as
a
if

in

law

he does the act himself, and also that what


in

man may do

person he

may

also, in

most instances

do through a

representative.
its logical

Jewish law carries this principle to

conclusion,

and shows how


than the law of

far

more advanced and more modern it is Rome. While the latter declares that no

acquisition of property could be

made by

a free person for

the benefit of another,


" The Rosh
abstract of
58

60

the following passages cited from

all

(R. Asher ben Jehiel, b. Germany, 1250; d. Toledo, 1328, wrote an Talmudic laws; cf. J. Enc, II, p. 183), Sheb'uot 4a.
II

T.

J.

Sanh.

beginning 19d;

cf.

Be'er ha-Golah, Hosh. Mish., ibid, quoting

Al-Fasi and R. Sa'adya.

The
"Let

wording there
offered,

reference here quoted in T. J. Sanh. ch. II, offers some difficulty. From the it would seem that the reverse was the truth, and that the statement, the priest be represented by an entlar," was merely an hypothetical suggestion

which was quickly answered by the remark that he cannot because an oath to be administered. On the other hand, the Rashba, quoted in the HNia D':sn ibid., interprets the passage to the effect that while no express njpn rule can be stated that the priest must be represented by an Entlar, yet if he desires to be so represented in a matter where no oath will be administered, he may do so. The Be'er haGolah seems to be of the like opinion. In either case, it must be noted that the institution of entlar is of a later development, as its Greek origin signifies (cf. Aruch Complelum). It was probably borrowed from Greek or Roman law, and never received any wide-spread sanction in Babylonia, since we have no mention of it in the Babylonian Talmud nor an equivalent Hebrew or Aramaic name. The Rosh, in Shebu. ch 4, mentions the fact that it was a disputed point among the earlier authorities whether the Entlar came under the rules of agency or under special laws applying to him

may have

alone.
69

Kiddushin 41b, Nazir 12b, Nedarim 72b.


the fact that
Cf. Berakot 34b,

legal

maxim can be seen from

Mishnah.

question of ritual. The per alium facit per se (Coke Littleton, 1258a). 60 Sheldon Amos, The History and Principles of the Civil Law of Rome, 1883, p. 137. To the early Roman law (as to the early German law) it seemed inconceivable that a

That this is a very old established already used as a legal term in the though there used in connection with a discussion of a Common Law also rests upon the like principle Qui facit
it is

134
the

THE JEWISH QUARTERLY REVIEW

Tur

will

show

to
If

what length the

principle

was followed
'TO
'b
)'ar

by the former:

Reuben says

to Simeon:

"Buy something
else,

for

me", and Simeon buys SDDDD, without


it for himself or for someone Reuben acquires possession iT'3p

stating whether he purchases


then, in that case,

piN"i

from the very moment of delivery. 61


article

Simeon purchases the


he meant to purchase
quires possession

with his

And even if own money, he canReuben who


him
;

not, once the article has been delivered to him, claim that
it

for himself.

It is

ac-

and the

article belongs to

it is

he

who

can sue and be sued on the transaction and not the agent. 62
liabilities by means of a form to which he had not been As regards slaves and filii familias, it is true that whatever they acquired they acquired by the necessary operation of law,, by virtue of the potestas, for their superior. But the civil law steadily refused to admit that rights could be acquired through a free representative. "Per liberam personam nobis adquiri nihil potest." Later, during the Empire, acquisition by a procurator, i. e., a freely chosen representa-

person should acquire rights or

a party.

tive, in the

name

of the principal,

was allowed.

As regards

contracts, however, the

rule remained unaltered; that

and

liabilities

is to say, it continued to be held that contractual rights could only accrue to the contracting party himself, and that contracts

could not be validly concluded in the


p. 220f.
61

name

of the third party.

Cf. R.

Sohm,

I.

c.

From Bab. Kam. 102b

bot.

rfJTI

would

infer that the tQlJJD '33 Palestinian

TyaV ]'Bn mp'0 yan by& ljmn '0 '31 we view was that the third party must know

that the agent acts in behalf of a principal, thus agreeing with the Roman view; while the Babylonian opinion holds that the agent may also act in behalf of an undisclosed
it appears that the Palestinian view an undisclosed principal; the only case in which their claim is that the principal must be known is where there is a '^'P change in the performance, where the agency is broken off by a non-compliance of principal's request. For instance, where principal asks agent to purchase wheat and instead he purchases barley, there the Palestinian view is that the principal must be disclosed to allow the latter to take advantage of the bargain. Cf. Rosh, ibid.

principal.

Upon

closer examination, however,

also permits acts in behalf of

62

Hosh. Mish., 183,

4.

Moyle
is it

{Institutes of Justinian) gives this as the test of

true agency:

To what

extent

possible for

to

make

a contract with

for

A, so

that assuming, of course, that

discloses the fact of his agency,

and

his principal's

name and does not exceed


C;

his instruction. A alone acquires rights against and can sue acquires rights against and can sue A, and B neither acquires rights nor incurs

liabilities

under the contract.

The above

case

is

in

conformity with this

test.

The

Roman method of procedure in such a case is very clumsy. Moyle puts the matter thus: If A being at Rome wishes to buy a house belonging to C at Naples, he would
give

at Naples a

mandate

to

buy

it

for him.
e. g., his

against

to A.

Cs

rights against B,

B does so, and then assigns his rights claim for the purchase money, can be

from

A only by a novation (that is to say, a distinct stipulation pay C for Hi; if this is not done, C, if necessary, must recover from H by ai tio venditi, and B from A by ai tio mandati contraria, an action to re the money which B hat laid out for him. Here, then, none of the conditions above 'i are realized, and it should be noted that B is in fact the principal and the true irendoi throughout, and theonlj pi rson who i< entitled and bound in thai capacity. Roman law it wai different when res corporeales were actually
available against
that he will

THE JEWISH

\\V

OF AGENCY

LEVINTHAL
.1

135

logically

Another, and a still more striking case will prove how person's they clung to the legal fiction that
is,

agent

in

legal
:

effect,

the person himself

If

Reuben
Simeon
does

says to Simeon

Sell for

me

this article for S4.00;

succeeds

in

getting S6.00

for the article;

to

whom

this extra profit

belong?

Unhesitatingly the rabbis decide


re-

that

it

belongs to Reuben, because as soon as Simeon

ceived the

money
it

in

payment

it

were as
for

if

Reuben himself
sin

had received

with his

own hand,
in

imy

D^yn Dipoa

"the agent stands but

63 the place of the principal".

Whence the Doctrine


As was
Scriptures.

is

Derived
was based upon the
development

said above, 64 rabbinic law

Talmudical law hardly knew the meaning of

direct legislation, but concerned itself with the


of the law of the Torah.
in

the developed

life

of

Agency had become a necessity It was important the community.

therefore to find the doctrine of agency in the Pentateuch.

And
l^xo,

so the rabbis seriously discussed the question: mn^Bi

whence

is

65 the doctrine of agency derived?


is it

upon
worth

what Scriptural word or phrase


logical, interpretation.

based?

And

it is

while to record here, in brief, their ingenious, but always

We

must derive

it,

says the Tal-

66 mud, from the word &&l, "and he sendeth her out",

used
bill

in

connection with the husband's giving his wife a


Scripture might have said

of divorce.

rwm "and

he giveth her a divorce", but expressly used the word


rmhvn
(the

same root

as in

the term rrW), to teach us


bill

that the husband can appoint an agent to deliver the


delivered.

the older

Roman

Then the agent could take possession for his principal. But according to law even this was not possible, for the maxim held good "per eztraacquiri

neam personam

non potest."
fixed

value.

This refers to the case where the article has no For further discussion of this case, see below, p. 181. < Above, p. 120. Kidd. 41a and b. Deut. 24.1.
Tur,
ibid, 185, 1-3.

market

136
of divorce

THE JEWISH QUARTERLY REVIEW


unto
his wife,

and hence, that a man may appoint

an agent to act

in his behalf.
rT7Bn,

The
does
is

rabbis then ask: Scripit

ture could have said

why

say nnWi?

to teach
in

us that the wife, though she


the matter

only a passive character in

the
bill

husband alone being the active party

divorce proceedings
receive her
in the

can

likewise

appoint an agent

to

of divorce.

From

the fact that the Bible


nrbvr\

same context 67 repeates the word

we may

de-

duce the rule that an agent

may

appoint a sub-agent. 68

The Rabbis then want


a

to

know whence agency may be


j'DlTN, through

derived in the case of marriage, for according to Jewish law

man may

marry,

i.

e.,

become betrothed

an agent. 69

We
it

cannot make an analogy from the case

of divorce, because the latter suggests a distinct difference,

inasmuch as

is
is

a case of

nms

*?y3,

compulsion.

The

wife's consent

not necessary in the matter of divorce;

we would

therefore say that here agency applies, but in


it

the case of marriage

does not.

In answer to this, the

rabbis refer to the two words in the

same verse 70 nN2n and


Just as

nrrm "she departeth " and "she becometh " (another man 's
wife),

and make a comparison between the two.


"departing"
(i.

in the case of her

e.

divorce) an agent

may

be created to represent the principal, so also

in the case

when "she becometh" the man's


agent also
then ask:

wife

(i.

e.

marriage) an

may

be appointed to represent him.


learned that in the case of

The

rabbis
gift

We

nonn, the
priest,

offerings that

were to be set aside for the

an agent

may
?

set aside the gift for his principal.

Whence do we

Deut. 24.3. See later, p. 154. * Below, p. 157. In rabbinic times there were two distinct stages in the marriage lOny: <\) the Betrothal, 'erusin, or acquisition, and (2) the marriage proper, nissu'in, tin- latter consisting in conducting the bride to the groom's permanent or improvised home. The betrothal carries with it almost all the legal consequences of marriage. It is the at t of betrothal which might also be performed by proxies appointed

by elthei the bride or by the groom, or by both.


'o

Deut.

'..

THE JEWISH LAW OF AGEN< Y


derive that agency
this

LEVINTHAL

137

is to be allowed here? We cannot infer from the case of divorce, because the latter is an in-

stance of
is

bm

a secular matter; here,

permissible, but in the case of

we would say agency Terumah which is

matter we would say that agency cannot apply. We derive the law, answers the Talmud, from the seemingly
superfluous word DJ "also"
in

"Thus ye also shall set apart" 71 and from this D3 "also" we infer that agency applies here too. The rabbis
,

the verse: Dr, n: ionn p,

then

produce another instance, where agency

is

recognized, viz.

the case of nDS ]2-\p the offering of the Paschal lamb Again, they note that we cannot infer it from divorce, because that is a secular matter and here is ausnp, matter belonging to the realm of sanctity. It is deduced, they tell us, from

the Scriptural verse referring to the slaying of the Paschal

lamb

Vn-ic^

my

bnp

*?d

ima
kill it.

lanm
"

"and

the

whole

congregation of Israel shall

This verse does not

mean, says R. Joshua


gation had to
kill it,

b.

Korhah, that the entire congre-

one only did the slaying; but the Bible regards the act as done by, and in behalf of, the entire
congregation, and thus
act of the agent
is

we

learn from Scripture that the

the act of his principal.

The Talmud
case
find

proceeds in this manner, endeavoring to infer one case from the other, but comes to the conclusion that each
possesses
its

some

distinctive feature

and must therefore

own

source in the Bible. 73

Formation of the Relation of Principal and Agent There are various ways in which the legal relation
71

of

word see below, note 123. 7: Exodus 12.fi. The three instances of divorce, marriage, and sacrifices form a combination from which all other cases of agency may in fact be derived. We have there the ordinary case of agency and the exceptional cases where no consent is n sary and where it pertains to sacred matters. The case of Terumah may be dispensed
this

Numb.

18.28.

For another inference from

with, for while


to sacrifices.
73

it is

a sacred matter

compared
biblical
p. 87, 88.

to divorce,

it is

secular in comp.,-

Sifre

For an elaborate account of Zutta Ed. S. Horovitz, 1910),

proofs that lm 3
.

DIN bv

lJT.^tP

compare

138
principal

THE JEWISH QUARTERLY REVIEW


and agent may be created:
(1)

by mutual agreeratification. 74

ment;

(2)

by

estoppel,

and

(3)

by subsequent

1.

BY MUTUAL AGREEMENT
agency
in

The
law,
is

relation of

Jewish law, as

in

modern
and the

created immediately upon the authorization of the


act,

agent by the principal to do for him a certain

acceptance of this authorization or appointment by the


agent, either

by express words or by proceeding upon the

performance of the act so authorized. 75


2.

By estoppel

The modern
in the

doctrine of estoppel

may

also be noted

Jewish law of agency.

The

principal has the

power

to revoke

his agent's authority to act in his behalf at

any

time he be
his

may

so

deem

fit.

76

But suppose

held out

to

agent to collect a certain debt due him from C, and

before

collected the debt,

A revoked

his

agency; suppose,

furthermore,

not knowing of the revocation, paid the

debt to B, then

has no further claim upon C. 77


it

His

revocation, in so far as

related to C, can have no effect,


it

and

is

estopped from proving

because

can claim

that, not

having knowledge to the contrary, he had the

right to rely

upon the presumption that the principal had

not revoked his authority. 78

The theory

of estoppel

is

based upon the desire to do justice, so that where one of

two parties must


as his

suffer,

he

who

at first held out the agent

and thus

led others to believe that he


in his principal's

was

acting,

with

full

authority,

behalf should be the


p.

" So

also in the English-American law;


nrsrt:li(iirr

if.

Huffcut,

23.

Agency by n*
Civil ("ode)
>t

essity

or by operation of law (the

Vertreter of the

German

would

come under
here,
.is it

the heading i>f yi n'3 rvbv "agent appointed by court," n comes under the law of Dionu'BK guardianship. dm. ibid. I. 1; Tr. ibid., 182, 4; Sh. Ar. ibid., is.'. 1.
i>.

discussed

Below,

168.

n ^osh.

Mill..
s-

Mi.
(|ii

2.

..,.._ -

MM|

,,.,,/

cf.

also below, p. 190.

THE JEWISH
one to

I,

AW OF AGENCY LEVINTHAL
who was

139

suffer rather than the party


It is in

absolutely int

nocent.

no surprise, then, that the same heory


Jewish law.

-should

be applied

And

so

we note

the case that

where Reuben gives Simeon a power


for a

of attorney to sue Levi

debt due him, and Levi goes to court with Simeon, but

judgment

is given in Levi's favor, Reuben cannot now come and claim that he had revoked Simeon's power to

represent him before the suit began, and that, therefore,

the judgment should be set aside. 79 As another example


of agency

by estoppel may be noted the rupn decree

of R. of

Gamaliel the Elder, that a husband who sends a


divorce by an agent should not revoke
of revocation
for
is
it,

bill

unless knowledge

given either to wife or to agent, the reason


'

such decree being D^iyn pp'n "OSO public policy. 80

The

clearest case of the formation of the relation


is

by estoppel

the following:

When

A, in the presence of B, says to


silent,

C: "I

am

B's agent",

and B remains

will after-

wards be estopped from denying A's agency. 81

3.

By ratification
the theory

The English Common Law has recognized


of

"agency by

ratification".

Briefly

the

rule

may

be
all

stated thus:

Where one

person, whether no agent at

or an agent exceeding his authority, does an act as agent


in

the

name
or on

of or on behalf of another, the person in

whose

name
doing

whose behalf the act was done may


to
it

ratify the act


if

and thereby give


it

the

same

legal effect as
or,

the one

had been

in fact

an agent,
in fact

being an agent for

some purposes, had been


in

authorized to do the aet


of

question. 82
" Hosh. Mish.,
"o
81

Does the Jewish law


122,
!

agency recognize

Gittin, 32a. 33a.

Gloss (nmn) to Rosh. Kidd.. t'h.

82

Dempsey
and

vs.

Chairbers

IS

Mass. 330.

The theory

is

based upon the maxim:

Omnis

ratihabitio retrotrahitur et
is

mandato

priori aecquiparatur.

Every

ratification

relates back

equivalent to prior authority.

140
this rule? 83

THE JEWISH QUARTERLY REVIEW


While the rabbis do not give concrete cases
this

bearing

upon

phase

of

the

subject,

it

can be
them.

shown

that the
is

principle

was

not

foreign

to

In fact there

a doctrine frequently stated in rabbinic

law which recognizes the fundamental principle upon which


the theory of ratification
is

based: V2S2 7W n~\nh


in

j'ST,

you

may

obtain a privilege or benefit

behalf of a person in
it

his absence. 84

Accepting this principle,

would appear that

where

purchased a piece of land

in behalf of

and

in

the

yet

name of B, B not having appointed A as his agent at all,, when B learns of the purchase he may ratify the act,
that this ratification will relate back and will be equivalent
to a prior authority.

B
is

will

be able to sue and be sued


in

upon the transaction.


principle of ratification

The important element


in

the

that the would-be agent must do


behalf of the person he desires

the act in the


to represent.
in his

name
If,

of

and

however, he makes the contract or deal


to act

own name, not purporting

on behalf of a prinact,

cipal,

but having a secret intention to

though without

authority, for a principal, the contract so


ratified

made cannot be
element

by the undisclosed

principal. 85

It is this

especially that the rabbis recognize

and
be

discuss.
in point:

The Tur 86
Desiring

gives the following case, which


to prove that

may

by the agent's acquisition


for him), the

of property in

behalf of the principal (when he was told


to purchase
it

by the

principal
to>

property already belongs

the principal, and the agent cannot afterwards claim that

he

made
the

a mistake and had

meant

to purchase

it

for

him-

self, 87

T ur

makes

this additional significant assertion:


in

"

If

the agenl

purchases the article


in hi^ urtirle

the

name

of Reuben,.

on "Talmudic Law of Agency." J. Quart. Rev., thi qui Stion and answers that it is not definitely decided, without giving any prooi "in way or the other. 'Erubin, xil>, air. Huffi ut, I. c, p. 43. Cf. Principal case, ECeighly v. Durant, 1901, App. Os. 240.
B>

M. Simmons,

VIII,

[>.

621, merely

pu.1

"

I hid.. IX.t. 4.

'

Cf. above,

p,

i.

THE JEWISH LAW OF AGENCY


then, even
if

LEVINTHAL

141

he gives his

own money

for the

purchase price,

he cannot later claim that he purchased the article for


himself, once rD'tPO the act of transference

had taken place,


of

and he accepted the


is

article in the

name

Reuben".

It
it

true that the Tur, in

making

this statement,

meant

to

apply to the former case where the agent was appointed

by

his principal.
this

Nevertheless,

believe, that

from the

wording of

statement of the law, especially the emif

phasis upon the condition that "even

he used his

own

private

money

as the purchase price", the rabbis would

follow the theory of ratification.

A
tion,

still

clearer case in point

is

the following, which


ratifica-

even goes beyond the modern accepted theory of

where the notion

is

that the third party does not know-

that the agent has no authority to act:

"If

comes

to

sue

for a

debt the latter owes to B, without having the

rustinn

harsha'ah or power of attorney, the proof of his

agency, without which he cannot force

to go to court, 88
all,

then even though he


theless
if

is at

present not B's agent at

never-

he offers to guarantee that he will later get the

harsha'ah or authorization from B,

C must

recognize him
l'3r

and answer him


1

in court, for

we accept

the principle

V3S3 xbw DIN ? "we

may

obtain a benefit in behalf of a

person in his absence". 89

The

following case must also be

mentioned, for here the principle seems to be accepted to


the fullest extent:

"If Reuben purchases a piece of land

from Simeon
be,

in behalf of Levi,
is

whose agent he claims

to

and the deed


I

written in Levi's name, Reuben cannot


it

afterward say:

purchased

for myself

and want you to


rabbis,
seller
it is

write another deed in

my

name. 90

The

true,

base their ruling upon the theory that the


to be troubled to write
88
8

ought not

an extra deed, but

believe that the

Cf. Ibid.
Isserles to

Maim.

/.

c,

Hosh. Mish., 122, 1. II, 5; Tur and Sh. -Ar.

ibid.,

184, 3.

142

THE JEWISH QUARTERLY REVIEW


is

underlying principle
in

after

all

the desire to benefit a person,


act.

whose behalf another undertook to

in his gloss to this passage, expressly says:

And Isserles, "Even though


in Levi's

Levi never authorized or appointed Reuben to purchase


the land for him,
if

Reuben did purchase the land


it

name, and paid

for

with

money

that belonged to Levi,

then the sale cannot be rescinded". 91


tra stipulation

Were

it

not for this ex-

which the glossator required


to the principal in

viz.

that the

money should belong


act

whose behalf the


in

was done

this statement would coincide


modern
doctrine.
if

every par-

ticular with the

That the rabbis accepted


one finds an
in the in

the principle of Ratification can be seen also from their

statement of the reason for the law that


article in the street

and takes possession

of

it

name
whose
There

of another,

it

immediately belongs to the one

name and

in

whose behalf possession was taken.

the rabbis give as their reason that

mn'^

DytDD rror,

when

he takes possession in behalf of the other he makes himself

an agent
here
is

for him,

and the law of possession that


92

is

applied

the law that applies to agency.


is

case where the

principle of ratification

fully recognized

is

the following:

Where
that

B,

who

is

not appointed agent, learns from a hint

would
in

like to

dushin
A. 93

behalf of

marry C and B performs the KidA, C then becomes lawfully the wife of

The theory of ratification is also recognized by the Talmud in the case when one voluntarily takes possession
of goods

from a debtor

in

behalf of a creditor, though he

was not requested by the creditor to do so {hyib DEnrn


nap 3in).

The

rabbis allow such action where there


refuse to sanction
not
it

is

only-

one

creditor, but
<>f

where there are a

number

creditors,

because they dispute the prin-

ciple of ratification, bul


'

because of public policy, the injury

Ibid.

>
J

Cf. 'I"

ti'.t.

I'.

Ml

..

101,.
'.
n
I
.

Sh. 'Anil

i
.

cfc

above, note 69,

THE JEWISH LAW OF AGENl


thai
will

LEVINTHAL

143
case

thus accrue to the others.^

The

clearesl
is

and the most direct reference for Ratification


ing cited in the Shulhan 'Aruk:

the followreal

personal property and

"Where A B purchases and takes


in

sells

or

possession of

the property or the article


of the transaction
not.
sale
is

behalf of

CC

being ignorant

it is

in

C's power to ratify the sale or


if

If

he

ratifies

it,

the article belongs to him,


article belongs

not the

nullified
is,

and the

once more to

There

however, one important distinction between

the theory of ratification as understood by the rabbis and


as understood in the law to-day.
rule not only

The

latter applies the

where

it

works to the benefit of the principal


disadvantage and thus permits

but also to

his injury or

him even

to ratify the tort of

an agent; Jewish law clearly


it

limits the theory to cases


1

where

works to the principal's

benefit only, the principle being


1

ym

V1B2 H ?
in

Dl^

]3l

'JDa N

^ din'? )'an 'Ave may benefit a person


in

his absence,

but cannot add a burden upon him".' 6 Golah,

Says the Be'er ha-

commenting upon the above


that
if

rule of law enunciated

by
will

R.

Isserles,"

the court sees that the agency

not benefit the party in behalf of

whom

he acts, then

the agent will not be permitted to act for him.

Even

in

agency by appointment, the principal can always say to


his agent:
,

rmy 7
,

n"71

-prrntP

, 31p n'?

"I have appointed


in this case,

you to benefit me, not to injure me";

where
this

he has not even appointed him, he could surely


claim.

make

The Nimuke

Yosef' expressly states, in speaking of


8

woman who
'<

desires to ratify the act of a

man who,
bill

with-

out her authority, accepted in her behalf a


Gittin lib.
*

of divorce

Hosh. Mish.. 235, 23, cf. nVun "ltd. ibid. The source of this law is in Maimonides. Mekirah, ch. 30. The reading in the text, ibid, npi^n ]ro non is evidently ini pa TOtl J^efalD IK ypUp "OOP *DW1 7*1 tfaDTl 3T13 cf. Tur. Hosh. Mish., 235.25 np)bb. In Maim. runDl rP'DT 4.2. the same statement of the law is given with reference
:

im

to gifts.

'

'Erubin 81b.,

cf.

Huffcut. p. 300ff.
1.

To Hosh. Mish., 122. To Vebamot, end ch.

15.

144

THE JEWISH QUARTERLY REVIEW


so,

from her husband, that she cannot do


wishes
it,

even though she

because a divorce, generally speaking, does not


of benefits to the principal.

come under the category

Can the Third Person Recede before Ratification ?


Can
for his

the third person recede from the transaction after

he finds out that the agent had no actual authority to act


principal
is

and the

latter

had not yet

ratified

the

act?

This

a disputed point in modern law. 00


it is

According

to Jewish law,

clear that he could not, for applying


rT"3T

the rule of rnrv^P


of another, in

Dyua
it

acquiring possession in behalf


is

which

was

said that the finder

regarded

as an agent,

we know

that the article belongs immediately


it

to the party in

whose behalf
if

was taken, and not

to the

agent.

Hence by analogy,

the agent does an act in behalf

of another, without being appointed

upon the performance

of the act,

by him, immediately we apply the rule |3!


in his
it

Visa N^tP n~\nb "we benefit a person


it is

absence," and
himself.

the

same

as

if

the principal had done


in

The

above quoted case

the Talmud, where one acts in behalf

of a creditor, also gives evidence of the fact that the third

party deals not with the agent but with the principal

even before the ratification

and,

therefore, cannot recede


to this con-

from the transaction.


clusion

But we need not come


alone.

by analogy

The above quoted


for

reference

affirming the theory of ratification expressly states that

PHV^yn hy npi^n

the

man

whom

the purchase
If

was

made,

i.

e.

the principal, has the upper hand.

he wants

to ratify the act, the seller cannot recede from the trans-

action

if

he does not want to ratify the act, he cannot be


article goes

forced,

and the
t

back to the third party. 100


ma]
rei

In the
v.
<

Fnited States

the third person

Tounaend
land the

oming

23

Wend

N.

dso 9
Ci

ede before the ratification; comp. II. nv. Law Rev. on. In Engv.

nil<- ii

that he cannot recedi

Bolton Partner!

Lambert

L. R., 41

Ch.

D. 295.
cf,

note 95.

THE JEWISH LAW OF AGENCY LEVINTHAL

145

Form of Appointment
(a)

In Shelihut.

Shaliah or Sarsor, a gratutious or paid agent, may be appointed by oral communication alone. The appointment does not need pap Kinyan (the special symbolical

form of making an agreement binding), nor does


be
writing or in the presence of witnesses.monides puts it, witnesses can serve only where
in

it

have

to

As Maithere
is

conflict in testimony, to enable us to

truth; or as the

Talmud

says,">2

know who speaks the quoting Rab Ashi "wit.

nesses are created only for liars",

i. e witnesses are not necessary to legalize the appointment of the agent, but only as a guard against faithless persons who might deny the
1

transaction. ^
(b)

In Harsha'ah.

The
writing,

harsha'ah,
is

or power of attorney,
in

is

always

in

and

given

a particular way.

It is

accompanied

by pap

Kinyan

the special symbolical act of seizure,

by means of which the Mursheh becomes invested with all the power specifically defined in the instrument."* The nx^nn lav shetar harsha'ah, or the written document, must
10
>

102
>oa

I, 1; Hosh. Mish., 182, 1. Kidd. 65b. so a lso in Roman law. no fixed form

Maim.

and verbal appointment

is sufficient.

D. XVII.
-

oral authority is sufficient. ora anfh


104

J '
4

lH59
-

2U

necessary to constitute a mandatum I. 1. 2; cf. G. Leapingwell, Manual In the dern English-American law. too.
is

to mark the transfer of the claim n0t W ney l be transferr d by the symbolical act, the principal tl m hand over to the attorney uould a little earth, and upon that the transfer of the cla.m was made. (Cf. Maim. III. B. M. 45b. 46a; B. K. 104b.) 7; The Geonim however, saw the hardships of this, especially in the case where the principal possessed no land of his own. They, therefore, ruled that in such a case, the principal ma v transer the claim without using the earth, applying the legal fiction, that he conveys it upon four ells of the portion of earth that every Jew is supposed to possess in the Holv Land Maimomdes was of the opinion that this legal fiction was resorted to so as more emphatically to .mpress the defendant; but where the third party refuses to recognize the Mursheh even where the pp of ypip was made, he cannot be compelled to do so. and the plaintiff must make the demand himself

Hosh. Mish., 12. 4. jo. In case the claim, for which the harsha'ah was given, the third party, there was a peculiar form of kinyan.
Ill, 1;

Maim.

was

for

money, kept by

mumyyot
yp^p
is

(Maim.

III.

7).

(ibid.),

sufficient.

quoting R. Tarn, say that the party's mere declaration that he has

The Haggahot Mai-

146

THE JEWISH QUARTERLY REVIEW


-JPS3
1

contain this formula:


litigate,

p'BKI 3n ]H
for

!?'l

"proceed,

acquire,
If

and possess

thyself", 106

or words to

that effect.

such words were not used, the defendant


to

was not obliged

answer the attorney or to recognize

him, and he could plead n

HH
It

anai ^yn
must
for

M<h

"I have

nothing to do with
the formula:
ible for
,(

thee". 107

also conclude with

Tin ?y

WH

]D ~\b

'jynm ^0 "I

am

respons-

that which thou wilt expend


is

me

in this suit". 108

This latter provision, however,


principal, or Marsheh, as

for the benefit of the

between him and the agent, to


formula
(litigate

show that the

latter, despite the

and pos-

sess for thyself)

cannot lay claim to what he acquires, but

remains an agent and must hand over the article to the


principal.
If,

therefore, this latter formula, with reference


is

to the expense,
valid,

omitted from the document,

it

remains
to
it.

and the third party can have no objection


see, then,

109

We

that the formula, "go to law, win and

get for thyself", does not actually transfer or assign the

claim to the Mursheh, but


give

it is

only a legal
if

fiction,

used to

him the

right to sue, just as

the claim had actually

been assigned.

An
in

interesting case

must here be noted.

has a jewel
it.

the possession of

B and comes

to

to

claim

The

latter

answers that

C came
it

to
it,

him with a
and he
re-

harsha'ah written by A, making claim for

turned

it

to C; but
is

later loaned

back to him and that

therefore he

responsible to

alone,

and

is

no longer
return the

responsible to A,

The law decided

that

B must

jewel to A, the rightful owner, for C, though he


a harshaah,

came with
legal

was no more than A's agent, and had no


it

right to loan
"> 107

to anyone.

110

The

rabbis, however, cling


122,
it

B.

If.

70a;

Maim. Hosh. Mish.,


ibid.
it

ibid.

Maim, and Hosh. Mish.,


is
!>

The Hosh. Mish..


is

7,

rules that

even

if

the word ]11 "litigate"

omitted
<<

valid, as long as

contains the concluding


M'2f)niP

phrase to

noted

later.
b.,

122,

Maim.,

ibid.,

words the formula as follows:

7D

zbvb

,l

?y nr

pa.
Maim.
.

toth, Mish., 122. 6. 7;


ii

Ill, 1.
.

22,

quoting

(".losses of

R. Mordecai.

THE JEWISH LAW OF AGENCY

LEVINTHAL

147

to this legal fiction to the fullest extent.

The document

must show that the Mursheh


part of the actual claim
if

will

acquire for himself some

itself.

And

so they decree that


third

the harsha'ah states that the

Mursheh acquires a

or a fourth part of the claim for himself (and not the entire
claim), even then the third party cannot say: "I

have

nothing to do with thee",


a right to
ficient

for a

claim on a part gives you

make

a claim on the whole. 111

But that

is

suf-

as long as the

Mursheh has a

right to acquire for


If,

himself an actual part of the claim.


of a part in the claim, the

however, instead

harshaah gives to the Mursheh


his services,

a definite sum,

e.

g.
is

one hundred denars, for


to be taken out of the

even

if

this
it

money
will

money

that

is

claimed,

not be a valid harshaah.

There must be

an assigned
claimed. 112

legal

claim to a definite part of the article

Parties to the Relation

Any

person,

man

or

woman, may be

a principal or

agent, and even a married


rule includes also the

woman may

be an agent.

The
come

Canaanite bondman or bondwoman

of a Jew, for they are not regarded as Gentiles, but

under the category of Bene berit. 113 There are, however, two important exceptions to this rule: (a) One who is
i"
111

Maim.
If

Ill, 2.

the party himself has an actual claim in the article, he naturally does not need a harshaah in order to bring suit. So a partner, or one of the heirs of an estate

which no partition has been made, could sue without a harsha'ah; their interests being joined, each is authorized to act for the others. (Cf. Maim. 111,3; note the difference, however, where one of the co-heirs or co-partners was absent from the city.)
of

So
in
cf.

also a

husband cannot sue


If

sha'ah from her.


Gittin 48b).
113

for property belonging to his wife alone, without a harthe controversy concerns those portions of his wife's property
rights,

which he has usufructuary

he can sue without a harsha'ah (Maim.

Ill,

4;

affirmative

They are bound, like women, by all the negative commandments, and by commandments not applying to stated times only. While with reference
community.

to marriage they occupy a wholly different position from Israelites proper, yet they are regarded as a subordinate part of the Jewish

Tiny cannot, how


and divorce does

act as agents in marriage or divorce because the law of marriage

not apply to them.

148

THE JEWISH QUARTERLY REVIEW

deaf and dumb, insane or a minor, 114 cannot be either a


principal or

an agent. 115

(b)

Neither can the D"ny, one

who

is

an

idol

worshipper serve in either capacity. 116

The
(a)

exceptions to the rule: 117

minor can under no circumstances act as a


an agent even for those acts

principal, nor can he appoint

which he would be competent to do himself. Thus a wife

who

is

a minor cannot

depute one to receive her


receive
it

bill of

divorce though she

may
it

herself. 118

On

the other hand,

must be remembered that while


is

a minor or one non compos mentis

barred from being

an agent, yet for certain acts, such as those that are purely
ministerial or mechanical in their nature, he
if

may

so act,

both parties have previously agreed that he should.


act as a messenger to carry

Thus a minor may


goods

money
119

or
if

for his principal to a third party, or vice versa,

the third party had previously given his consent.

In

discussing the capacity of the minor to act as agent, the

following interesting case

is

worth recording:

father

sends his minor son with a bottle and a coin, of the value
of a florin, to

buy a

shilling's

worth of

oil,

and

also

to

bring back the change.


>>>

The shop-keeper
13, or

gives the

boy

i
ii
117

The minor Maim. II,


Ibid.

in
1;

Jewish law refers to a boy under

girl

under 12 years of age.

Tur and Sh.

'Ar. 188. 1.

raised in this exception is a disputed one. be a principal, earlier cases hold that action done by infant's agent are void (Tucker v. Moreland 1 Am. Lead Cas 247 note). Later cases deny, preferring the view of Chancellor Kent (2 Kent, comm. 235) that "the tendency of the modern decisions is in favor of the reasonableness and policy of a very liberal extension of the rule, that the acts and contracts of infants shall be deemed voidable only, and subject to their election when they become of age, either to affirm or to

In the

modern law the question

Whether an

infant

may

As to the principal who is non compos mentis, there is also conflicting modern cases seem to agree that any person may, as to the third person act as an agent (Coke on Littleton 52a; cf. Huffcut, p. 34), unless, perhaps, one who is too young or too imbecile to perform at all the act in question (cf. Lyon v. Kenl 45 Ala. 656). So infanta and even lunatics and other Incompetents may be the channet
disavow them."
opinion.
All

of

communication between

a principal

and one with

whom

he deals.

He

himself,

h wever, will incur none <>t the contractual liability attaching to an adult agent cither to In prim ipnl ni to the third person. Jewish law certainly appears to be more logical
In

dealing with these

m m

ciitm VI,

3;

Eh
J;

n ha 'Eier 141, 2. 3.
1,

Maim

ii.i

Hosh, Mish., 121,

THE JEWISH LAW OF AGENCY


the
oil

LEVINTHAL

110
his

and also the change from the florin. home the boy breaks the bottle and loses
rabbis decide that the shop-keeper loss of the oil and also for the
is

On

wav The

the change

responsible for the

change lost, because he should have understood that the father sent the child only to notify the shop-keeper as to what he wants,

and

it

duty

was the

of the shop-keeper to

have sent the

se
from

personthis that a

In other WQrdS(

minor cannot act as an agent, even for a purely ministerial act, without having the express consent of the third party. Here he did have the father's implied consent, but that was not sufficient.^
(b)

^ ^^ ^^ ^^

oil

with a respon-

As

to the second exception, viz. the idol worship-

per, the rule

to understand

must be studied a little more closely, what the rabbis meant to decide.

in

order

First of all

the above rule applying to the minor, appointed to perform a minstenal act with the consent of the third party, applies also to the 'Akum.^
it is significant to note that the Talmud in the qualifications for the parties to the relation of agency, uses the expression, that the party must be a Ben bent, a son of the covenants and not the tmn Israelite. In fact, an attempt was

Secondly,

laying

down

*n*

the rule:

<p*w D3m

^^

l,^,
must be

Qm

are Israelites so your agents

made to word ...^ ^

^
did

Israelites", but

it

not succeed, and the wording Bene berit remained.-,


120

We

B. B. 87b;

Maim.

II, 2.

is as to question of fact not of that the fathe is re ponstble

It

becL

theriskof
122

at the very

breaVirTnrlbbiScL n moment he Maim, and Hosh. Mish., ibid.


it S
-

2SESff ^^^^CrW^^utof hismind


1

"

^"^^
*

^
'T

C nSent n Ms Part The dis P ute f the b " ,e kself both are a ^ed
'

'

to the chi.d he wilfully ran

d b "also" N- U mb law that just as the princip

"'? IZTTTs^

berit.
121

must be'a Ben bent so en


'

^ E TT ** ^
S

inSly SUPerflU US

W rd

>

derive the

aIso

mus t

the agent be a

Ben

Cf. Gittin 23b.


150

THE JEWISH QUARTERLY REVIEW

have also noticed that the Canaanite bondman was allowed


to act as

an agent even though he was not an


deduce from

Israelite,
berit. I2 5

because he came under the classification of Bene

We may
rabbis.

this,

that the exclusion of the D""Dy

or heathen did not have the

unanimous consent

of the

In fact

a very strong effort


eligibles for the

we have the clearest proof that there was made to include the 'Akum among the
relation.
It

agency

was reported,

in behalf

of

Rab

Ashi, that he limited the exclusion of the


role of agent only in the case of
its
it,

'Akum

from the

nonn, perhaps
as agent.

because of

religious

nature.

In

all

other cases, the

tradition has

he allowed the use of an

'Akum

Another tradition was reported to the


prohibited

effect that

Rab Ashi

them

to act as agents for Israelites, but did allow

Israelites to act as agents for

them.

The

prevailing opinion,

however, did not favor these traditions, and curtly declared


N'n

Nnna "the
The

tradition

is

not a truthful one". 126


in

rabbis,

whose opinion

this

matter prevailed,

are not to be censured for their apparent exclusiveness.

There was a valid reason


that prompted

religious reason,

it

is

true
in
127

them

to take this step.


is

The

agent,

Jewish law, frequently

compelled to take an oath.

The oath played a most sacred role in the life of the people, and there was no desire to force a non-Jew to comply with
the strictness of that act.
in

That

this

was the

principal factor

swaying the rabbis

in their decision
I

barring the

'Akum
from
"IIDN

from the

role of agent,

believe,

may

be seen from the


Israelite

rabbis' wording of the law prohibiting an

entering into a partnership relation with an 'Akum,

nyutp

T?

n ,, nrr

nop d-sdid iDiyn oy


yatm, "It
is

msnw

rwytp din"?
in

\?y cnDiD
" Above,

muyn
p.
7lt>.

prohibited to join

part-

147.

n B.

M.

,M Sec below,

p.

7'..

THE JEWISH LAW OF AGENCY

LEVINTHAL
may
arise-

151

nership with an 'Akum, for the occasion

when an
was

oath

will

have to be administered." 128


permission being given to confer the power of
'

In the case of harshaah, the law in this matter


relaxed,

attorney also upon the

Akum.

12 '

There

is,

in fact,

a distinct

historical reference to a

harshaah that was given to a non-

Jew by Rabbenu Tarn and which was accompanied by the


symbolical act of kinyan.
1

An Assumption Worth Xotim.!

fact that well illustrates

how

far ethical

and

religious
is

principles were interwoven with purely legal discussion,

the statement

made by

the

Talmud

that

we assume

that

a son will not delegate his father to serve

him

in a ministerial

or operative act, the feeling prompting this assumption

being that such a request would be disrespectful to parents. '^

This

rule,
in

however, would not apply to his appointment as

agent

business transactions.

Eligibility of

Agent Determined at Time of


Appointment

person

may

not be appointed as agent,

if

he

is

not

eligible at the

time of the appointment, even though he


eligible at the

would become
to be executed.

time the act of agency was

Thus,

if

man

appointed a minor or one


bill

non compos mentis to deliver a


128

of divorce to his wife,


1.

Sanhedrin 63b;

ct.

Tur, Hosh. Mish., 181,


its

We

must

also bear in

mind

that the status of agency undoubtedly had


relationship, as
for the

origin in religious, at least in sacred

may be seen from the talmudic interpretation of the biblical authority agency relation (cf. above, p. 135). We can therefore understand that the non-Jew could not possibly be included. Indeed, for the same reason, the Jew could not serve as an agent for an 'Akum principal. i* Hosh. Mish., 123, 14. A slight changing in the wording of the document was, however, necessary- Instead of the phrase TTTD NJ'Jpl only "lDyn ITJpl was to
be written. '30 Tosafot, Kidd. 3a; Tur. ibid., 123, 15. i Cf. Kidd. 45b rvba niUN ? mHP ? ^'JCTI K*7. the aversion was more to asking the father to act than in having him act. The reference quoted shows that a son may hint to his father that he would like to have a certain act performed. Cf. also
1 1

WK
of

the striking citation by R. Jacob

Emden

Judges 14.3 (Emden to Kidd.,

ibid.).

52

THE JEWISH QUARTERLY REVIEW


was delivered

then, even though at the time the divorce

the minor became of age or the imbecile became of sound

mind, the delivery was invalid and the divorce could not
take
effect. 132
lf
?

however, the agent was qualified at the

time of appointment, but afterward became incapacitated,

and at the time


qualified,

of the

performance of the act again became

the appointment

was

valid.

Thus,

if,

in

the

above

case, the bill of divorce

was delivered
later

to the agent

when he was
mentis,
if

of

sound mind and

he became non compos

at the time he delivered the divorce to his prin-

cipal's wife,

he was again sound, then the appointment and

the delivery are both valid, because, as the rabbis point out,

miKon

1D1D1 tn^nri

"the beginning
(i.

(i.

e.

the appointment)

and the conclusion eligibility." w


f

e.

the performance) were in time of

Joint Prinxipals

As
or

in the

modern law, ^ so
1

also in the Jewish law,

two

more persons may

jointly be the principals of an agent.


illustration:

Maimonides gives us the following

Three

men appointed Reuben


of the

as agent,

and each gave him money,

to purchase a certain article.

Reuben spent only a part

money

given to him.

belong jointly to the three


it

The article will nevertheless who appointed him, even though


to purchase the article for only
is

was Reuben's intention


1

one of the principals. ^


principle that the
jointly

This decision

based upon the

money

that was given to


it

him was given

and was mixed together;


Eben
ha-'Ezer, 141, 32.

was therefore impossible

> Sh. 'Ar. '" Ibid.

i Cf. Perminter v. Kelley 18 Ala. 7W.. > Maim. Ililkot Mekirah VII, 1.?, 14.

Cf. B. Mesi'a. 74a.

The

RaMA

adds
l

that this decision will be tin- same even it tin- agent had expressly s.ii<l to the sellei that he was pun basing the artii le i"r only one of the principals (cf. Tur. ibid., in i.
.

by
t

ill'-

lui, ibid.), however, carrying the doctrine


Fore tin-

<>t

renunciation

.in

extrei

pun

h
i

KoinK to purchase the article for one of tin- parties alone, the purchase will to him. because thi- tatement implies thai in- renounces his agency t"r the others. ! i-.il. iii'ited one, and is not is the general law. view, howe'

Mil:

JEWISH LAW OF AGENCY

LEVINTHAL

153
it

for the

agent to take part of this mixed sum and with


If,

to

serve only one of his principals.


principals

however, each of the

gave him

his

money

separately, the

money

being separately wrapped or sealed and distinctly marked,


in

that case,

if

he purchased the article using only part of

the money, the article will belong to the party whose

money

was used as the purchase


the two cases
cipals

price,

even though he had intended


all.
1

that the article should belong to


is

*6

The
the

difference in

a difference in fact

in

first

the prin-

were joined, and therefore he could not serve one at

the expense of the others; in the second case, the appoint-

ment was

joint

and

several,

and he therefore could serve


pupils of the

only one of the parties.

The

Rashba

(R.

Solomon ben Abraham ibn Adret), discussing the


laid

rule as

down by Maimonides,
If

give us this clearer illustration

of joint principalship.

the three principals gave the


it is

mo-

ney

in the

presence of each other, then

as

if

the
all

moneys
of

were mixed together, and the agent must serve


or none.

them

They

are then like partners, and the agent cannot


If,

renounce part of his agency.


principals gave the

however, each of the

money
a joint

separately, not in each other's


is

presence, then
liberty to serve

it is

and several agency, and he

at
1

one and renounce the agency of the others. ^

Joint Agents
Just as there

may
i.

be joint principals
e.

so,

too, there

may

be joint agents,

two or more persons may be


act.

appointed by the principal to perform the same

When
is

the agents are joint, the execution of the agency must be


joint.
8

Whether
is

in

a particular case the agency


fact,

joint

or several
>

a question of

and

will

depend upon the

Ibid.
1.

i Cf. Bet Yosef to Tur, 184,


138

Cf. Isserles to Ilosh. Mish., 122, 3; so also in English law;


9.

cf.

Commonwealth

v.

Canal Commissioners

Watts

(Pa.) 466.

154

THE JEWISH QUARTERLY REVIEW


Thus,
if

circumstances surrounding the appointment.

standing by:

dangerous condition, says to a group of men "Take for me a bill of divorce to my wife", then anyone of the men may act as agent for him. w If, howin a

man, while

ever, he said to the group:


for

lma'Vin aibj "All of you take

me

the divorce to

my

wife", then the act must be done


1
-)

jointly

by

all

the people in that group.


is

The former

is

a case where the agency


of joint

several; the latter

an example

agency alone.

Delegation* of Authority

Can
for

the agent appoint a sub-agent to perform the act

which he was originally appointed, and thus make the


responsible for the sub-agent's action?
in

principal
is

There

some confusion

the rabbinic decisions as to the answer,


shall see that

but on closer examination we

they agree

with the view accepted by the English

Common

Law. 1-"

We

noted above

1 -* 2

that from the double use of the word

nn7tsn,''3

the rabbis deduce the law that an agent

may

ap-

point a sub-agent.

But

this inference

must not be underthere

stood to apply in
to imply

all cases.

was that

this

What the rabbis law may be deduced


words that
this

meant

to apply in to be the

some
gave

special cases, in other

was

exception to the general rule, viz.: that, unless the principal


his sanction,

an agent

may

not entrust the perfor-

mance
case

of his duties to another.

The very
say,

case that the


it

rabbis were there considering was exceptional;


of divorce,
Slml.
Ar.

was the
agent

and

there,

they

a man's

Eben

ha-'Ezer, 141. 21.

no
141

Ibid., 141. 23.

The

are to be found

general rule is: Delegatus non potest delegare. Exceptions to this rule when the principal grants the power, or where there is an implied
luthority.

power to delegate the


93;
72 N. K. 911;
]

Also,
oi
>

or ministerial, Involving no

judgment
"yidd.,

where the acts are merely mechanical, clerical Cullinan v. Bowker, 180 X. Y discretion.
185,
<7

Wend

Am.

>,-,.

271.

Above, hi in Deul
'

p.

<<>;

f.

11a

THE JEWISH LAW OF AGEN< Y


could appoint a sub-agent, because
it

LEVINTHAL
is

155

a case of

nma

^ya

where the

wife's consent

is

not required.
all,

She

is

in

fad no1

a third party to deal with at she desires to receive


it

as she

is

not asked whether

or not.
is

In other words, the act


in

on behalf of the agent

purely ministerial, and, as


is

modern
terial,

law, where the act to be performed


it

only minis-

the authority to execute


is

may

be delegated.

Even

where the act

purely ministerial, where the principal


is

expressly states that the agent himself


action, the

to perform the

power cannot be delegated.


nriN

Thus, where the


deliver it", "
1

husband says to the agent: i^in

"You

he must do the act himself, unless an accident overtakes

him on the way, or he becomes


authority

seriously

ill,

when the
act,

may

be delegated.
:

If,

however, he expressly
else to

commands him not


ness. 1
''

to permit

any one

do the

he cannot delegate, even in the case of accident or sick6

Where

the agent, on the other hand,

is

required to
it

exercise discretion,

judgment or

skill,
is

or where

may

be

seen that the agent's appointment

due to the confidence

that the principal reposes in him, he cannot delegate the

performance of
principal.

his
it is

duties,

without the consent of the

Thus

the prevailing opinion that an agent


in behalf

appointed to give Kiddushin to a certain woman,


of his principal, cannot appoint a sub agent to

do

it

for

him.

*"

So, also, where the principal has appointed one

to hold

an

article for him, the

agent cannot appoint a sub1

agent without the principal's permission, ^ because of the


confidential character of the relation.

The

principal

may
I

say:
>*
i

in

T3 ^nps

rrn

^"ixi ]\s
if

"I trusted you, but

According to some authorities, even

he said: "|7in "Deliver," he must do

himself.

i Eben ha-'Ezer, 141, 38.


146 147

Cf. Isserles, ibid.


5;
ibid.. 36, 5;

cf.

Isserles, quoting Glosses of R. Mordecai, Eben ha-'Ezer, 36, note 69. "* Tur, Hilkot Pikkadon, 291, 24.

156

THE JEWISH QUARTERLY REVIEW


It is for

would not trust another".


of attorney to another. 1 ^

the same reason that

the law holds that a Mursheh cannot delegate his power

As the harsha'ah
desire that

is

almost

al-

ways given
did not

to sue for a definite article, the principal can

say, also here:

"It was

my

you take

it,

but

want anyone
because inr:

else to lay

hands upon

it".

The
in ruling
is

rabbis give us the explanation of this divergence

^n

"they are words" 150 and there


,

an express ruling

in the

Talmud:

wh^h poD'a

n"7 '^'0

"an agent may delegate an act


to be given or asked " I51

to a sub-agent but he

may

not delegate words that are to be spoken or consent that


is

which

is

but another form of the

way modern law makes


by
to

the distinction.

Thus B, appointed

to give Kiddushin to C, cannot delegate his authority


his act

D, because

depends upon the consent of the

third party.

If,

on the other hand,

is

appointed to give

a get

(bill

of divorce) to

in behalf of
is

A, he

may

delegate

this act to

D, because the act which

purely ministerial,

consists in transmitting through another a tangible object,

and does not require any words to be spoken nor consent


to be asked.

So, too, the wife's agent, appointed to receive

the get, cannot

appoint a sub-agent, because the action


all

depends
band,
152

first

of

upon the consent or

will of the hus-

and secondly because that which he imparted to

the agent was only words.

The
given,
is

sub-agent, where the authority to appoint one


in the

is

same

legal status as the first agent,

and can,

of course, not appoint a second sub-agent, without the con-

sent of the principal. '53


'

Maim,

ibid., Ill, 8;

Hosh. Mish.,
S.

123, 4.

He

can, of course,

if

he gets the

express consent of the Marshrh.


Sh. 'At.

Eben

ha-'Ezer, 36,

1M

"
il

C"f.

Bel
lis-

Shemuel

to

Eben ha-'Ezer

35, 6, for a difference in

Interpreting the
in

word v'3

the

'DUD "Mordecai", and 'DUD mnjn


the " s.iint of Dreux."

"Glosses of Mordecai"

the

urns vnpn,

i Eben ha-'Eaer, 141 ,39.

Mil.

JEWISH LAW OF AGENCV


I'l'RPOSE

LEVINTHAL

157

OF THE RELATION

The
iniD3 d~tn

general rule deduced from the principle bw irr6tp

"A

man's agent

is

like

unto himself",

may

be

thus stated

that an agent may be appointed to do every-)

thing that a principal could do himself. 15

This rule goes further

in its application

than does the

modern English
to certain acts,

law.

The

latter does not

apply the rule

which because of
Thus,

their nature or because

of a matter of policy, are required to be performed

by the
tol-

person himself.

for instance, the

law does not

erate the substitution of an agent

or representative

to

perform the

rite of

marriage. "
1

In the Jewish law, agency


it

does apply to marriage, and in fact

is

safe to

presume

that the whole law of agency developed from the law of

Not only could the man marry by proxy, but the woman, too, could appoint an agent to
marriage and divorce. 156
represent her in

the marriage ceremony. 157

While

this

practice of marrying

by proxy was quite common


158

to the

whole of medieval Europe,


to-day.
of

it

is

very seldom practised

There

is,

however, an interesting American record

such a marriage, worth relating.

The Rev. Joseph

Jessurun Pinto,

who was

Minister of the Congregation


in

Shearith Israel of
fell

New York

the Revolutionary Days,

in

love with Rebekah, the daughter of

Moses de

la

Torre, of London. a commission to

Before she came to

New York

he sent

Dayyan de
la in

Crasto, of London, to give

Kiddushin to Miss de
married to him
lii

Torre for him.

She was thus


in

London, while he remained

New
which

See above,

p. 148,

where a minor cannot appoint an agent even


par. 126.

for that

the minor can do himself.


155

Cf.

Mechem's Agency,
cf.

Exception was at times made

in the case

of princes, ibid.
156 is?

Kidd., 41a;

above,
1;

p.

135
1.

f.,

and note

69.
in the

Eben
Cf.
I.

ha-'Ezer, 35,

36,

Every condition that the principal made


very
letter, ibid., 3!

appointment must be
158

fulfilled to the

Abrahams, Jeuish Life

in the

Middle Ages,

p. 176.

158

THE JEWISH QUARTERLY REVIEW


I

York.
time

59

Whether both could marry by proxy


a disputed question.
it. l6

at the

same

is

The

prevailing opinion does

not permit

Just as in the marriage


in divorce.

rite, so, too,

does agency apply

A man may
in

appoint an agent to deliver the


to

get to his wife,

and the wife may appoint an agent


her behalf. 161

accept the get

All the laws that apply

to the principals in the case of divorce apply with equal


force to the agents. 162
is

The

prevailing opinion here, too,

that the wife cannot appoint an agent to receive the get


1

from an agent of the husband. ^

Limitation to General Rule

The

general rule stated above calls for one limitation

and one important exception.

The

limitation to the rule

is

as follows:
will

Whether a
depend upon

certain act can be performed

by an agent

the validity of the act at the time of appointment and not


at the time of performance.

A man

cannot appoint an

agent to do that which he could not do himself at the time


of the

appointment
it

of the agent, although he

might have

been able to do
to

afterwards.

Thus

appoints

as agent

marry

for
is

him C,

whom

he believes to be divorced.

C,

however,

not divorced at the time of B's appointment,

but

is

divorced at the time when

reaches her.

B cannot

> 6' Cf. "Items Relating to the History of the Jews of New York," by N. T. Phillips, Amer. Jewish Historical Society, Vol. XI, p. 153. I am indebted to Dr. Cyrus Adler for calling my attention to this reference; cf. also the very interesting American case, 59 Fed. Rep. 682, which deals with the validity In re: Lum Ying, U. S. Dist. Ct., 1894 of a marriage of a Chinaman, domicilii in I'. S., with a Chinawoman, resident of China, through an agent. No actual decision is made in this point, but the question is discussed.

in

'

Eben ha-'Ezer,
Ibid., 140,
1
;

36, 12.

mi

'

mi ibid., 140,

2
t,

and
'

3.

| Ibid., 141,

end, and

n^^n
iws, at

-ita ibid., but

cf.

c.iuin 63b and the Rosh, ibid.,


It

who.
write]

in

nam. of

H
<>f

ntrary opinion.

u.i- not the intention of the

on the |i wish law M. Miel

they are already discussed l>y those who wrote marriage and <livorce. Cf. D. \V. Amram. Jewish Law of Divorce
'"
I

Divorce.

THE JEWISH LAW OF AGENCYLEVINTHAL


marry

159

hh
to

C for A. The fact that C was a married woman at the time of B's appointment invalidates hi. agency The general maxim on this point is thus expressed in the Talmudn^ 03 |Wwn rajn n^oa kVk

rr>. n*0 I*

hw,

n*v r K <wo

n>b -ray

"A man

do an

can only be appointed

act,

which

may

pointment." i6 4

be performed at the tune of apF

Exception- to

General Rule-

Illegality of Act

The one important exception to the above rule is that the appointment of agency must not contemplate an illegal object. Accordingly, an act, which, if done by the
principal, would be illegal, cannot be done through the agency of another, and such appointment
is

consequently

void.

Modern

law, too, recognizes this principle

can be no such thing as agency in the perpetration of a crime, but all persons actively " participating

"There

The Talmud

expresses

it:

rrrap

be no agency for wrongful acts," i. e wrongful act, under the direction of his

are principals

*
a

>
.

rr^
he

r -There can

who commits
is

principal,

himself

responsible for it. The reason for this rule is that the authority of the principal cannot justify an act prohibited by the divine authority of the law,

pressed

it:

r j

fl

w T0
182

or, as

the rabbis ex,

> nn

n311 nnn

Master's (God's) words conflict with the pupil's (the principal's) words, to whom should you give heed? "* Thus, in all cases where the
act done
is

(<Jf

the

illegal

the

doer of the act


161

is

alone responsible, and the


ibid.,
!

man who
171

ap-

Xazir 12b. TWD '3TT Tur,


Pierce v. Toote, 113
III.

228; Leonard v. Poole

114

N V

160

THE JEWISH QUARTERLY REVIEW


it

pointed him or authorized him to do


bility.

bears no responsi-

While

this

is

the accepted law, the

that there was a strong the Elder,


rule,

Talmud shows opposing view held by Shammai

who

did not admit this exception to the general

but held that when a

man

directed a crime, the prin-

cipal should bear the responsibility for his agent's act,

quoting as support for his contention the words spoken by


the Prophet Nathan to King David pay
'33

anna

nnn

insi

"Him hast Ammon",

thou

slain

with the sword of the children of


it

167

although

was not David himself who

killed

Uriah, but his representative Joab,


instruction.

who

carried out David's

But even Shammai adds a

limitation to his

view, viz. he would hold the principal liable only in the


case where the agent derives no personal enjoyment from

the act.
of

Shammai,

too, holds that a sinful act, the nature


in

which consists

the enjoyment derived therefrom,

cannot be imputed to the principal and the doer of the act 8


himself

must bear the

responsibility.
is

Thus, an example
said to B:

of a purely religious act

given:

If

Go and
not

eat forbidden food,

is

not held responsible

the principle
"we do
fruits

being a^nna nn
find in the

mm

nr n^ia

minn

*7aa

irso nV

Torah any case where one can enjoy the


is

of the act and the other

to bear the responsibility". 16

We
all

must note here the very

inclusive nature of the


act.
It includes

word nnuy "transgression" or wrongful


acts that are sinful,
i.

e.

opposed to the laws of the Jewish

religion,

and

also

all

acts that are criminal in their nature.


to

Whether the act done by the agent was

marry a divorced
'

woman

for the principal

or whether the act

who happened to be a priest, 16 done was to kill a human being at the

ii Sam. 12, >. .1. Ki.l.l. 43a. See S. Zeitlin, "The Semicha Controversy Between the Zugoth," ./<?.". Quart, Rev., New Series, VII, i>. 510, for an ingenious Bugitemi n< must tx attributed to rryop Shemaiafa instead <>i to Sham, mat. Cf also I. H.Wei Dor Dor we 'Dorshau, I. 142, for an interesting historical
.
,

nil,

r ] .r

t;iti<iii

of Sh.i tuin.i

view.

Kidd., ibid.

THE JEWISH
request of another
tion of the law.
1

V.V

OF AGENCY -LEVINTHAl

161

"
,

makes no

difference in the applicaof

Both come under the category

nvuy

wrongful or

illegal acts,

and there

is

no responsibility on

the part of the principal. ,7i

The
that.

rule n"V3JJ

-I3-J ?

n^P

]'

goes even further than

It applies

also to torts or civil

wrongs, which arise


in

from negligence or carelessness of an agent or servant


the performance of his duty.
1

"

While

this

is

contrary to

our modern English practice, and


harsh
logical
in its rulings, it

may seem somewhat


it is

must be

said, in its favor, that

and

carries out the purposes for


1

which agency has

has been established. "

It

must here be noted that many


and contrary
to

modern

jurists of note
is

admit that the English rule "reillogical

spondeat superior"

reason.

Thus

Sir

William Anson,

in his

work on Contracts, says:

"It would be interesting to inquire


of representation
in

how
of

far the doctrine


origin.
It

such cases

is

modern

may

be that the extreme form which Employer's Liability


is

has assumed in English law

an application to modern

society of rules which are properly applicable

when the
done

master

is

served by slaves and

is

liable for injuries


174

by them,

as being part of his property".

So also do

others, while attempting to find out the basis of the principal's liability in all
is

such actions, admit that the ruling

altogether opposed to reason, and as one writer says,


" Cf. ibid., 42b. Cf. ibid., 43a. "i So when one injures or

kills

another in compliance with the

tatter's

own

request

or

command,
17J

the criminal will be found guilty even without malicious premeditation.


306,

Cf. B. K. 92a.
Cf. Tur, I.Iosh. Mish..
7.

This

is

contrary to the later

Roman and

to

the

modern English

law.

The Roman law

in later stages holds the principal respon-

with respect to carelessness or negligence of agent or servant in the course of his duty, applying the maxim: "Respondeat superior," let the principal be held responsible (4 Inst. 114), cf. Pollock on Torts. 5th ed., p. 72ff.; Bigelow on Torts. 7th ed.,
sible
p. 79. 82.

"' The Sadducees held to the Roman view of Respondeat superior, Vadayim IV, 7. Cf. also I. H. Weiss. Dor Dor we'Dorshau I. 111.
174

cf.

Mishnah

Anson's "Contracts."

p. 20.

162

THE

JEWISH

QUARTERLY REVIEW

shows "a

conflict

between law and

common

sense ".vs

"The

doctrine of to day", he continues," took shape under


in a conscious effort to adjust the rule of
.

Lord Holt

law to
in

the expediency of mercantile affairs.

His reasons are


in

substance covered by his brief sentence


'It is

Wayland's Case.

more reasonable that he should

suffer for the cheats

of his servants than

strangers and tradesmen' "ji*

The
its

Jewish law clings tenaciously to the logical outcome of


rulings

and

refuses to yield to expediency.

For that reason

even

in the

extreme case where

appoints

to dig a pit

in a public path,

and C
is

is

thereby injured, the principle

n-P3J> -)2l1>

responsible.

rvba yx "

applied,

and B primarily

is

held

In discussing the legality of the act in agency,

it

is

also interesting to note, in passing, a difference of opinion

between the Jewish and the modern law with reference


the Shadkan or marriage broker.

to

The English law


is

regards

such marriage brokerage as opposed to public policy and


therefore the appointment of one

held to be void, even

though
party. 178

in the

given case no fraud was practised on either


included the Shadkan
in

The Jewish law


1

the class

of lawful agents,

" and, indeed, he played a most important


middle ages,

role in the life of the people, especially in the

down

to almost recent times.

1*

Exceptions to the Exception


There
iTVay
171
1

are,

however, certain cases where the rule

]"K

"lm ? n ,(?ty does not apply.


Cf. J. H.
III. p. 529f.

Thus Rabina
in Select

limits
Essays in

Wigmore, "History of Tortious Responsibility,"


ibid.

Anglo- Amer. Legal Hist.. Vol.


17

Wayland's case, 3 Salt. 234, quoted by Wigmore,

The Jewish law was

evidently also swa>ed by public policy, as can be seen from the law that where, in such cases, the agent cannot pay. the principal is then made to pay; Cf. R. Falk Cohen
|y"DD] (Josh. Miah.,
2<>2. <>. quoted by IBinnV \'>2. K vVpS. evidently agreeing with Lord Holt'i contention, that in such case, where the agent could not make good, it i- more reasonable that the prindpal should suffer than the innocent stranger.

Cf. B. K. 51a; H-.-li. Miah., 410, " Crawford v. Ruaael. 62 Barb (N,

8.

See also
92.
a >o r"U

ibid.,

348, 8. note of Isscrles.

Cf,

i!" h

Miah

185, 10;

ad

toe.

Abraham-

in

Middle Ages,

p. 173.

THE JEWISH LAW OF A.GENC1

LEVINTHAL

163

the application of this rule only where the representative


is

a N3vn

~ia

a responsible party. 181

Rab Sama, on
'ni

the
's

other hand, limits the rule to cases xb 'ya


"ray,

-ray 'ya

where the agent can use

his free will either to


is

do or

not to do the act.


act,

Where
will,

the agent

compelled to do the

even against his

the rule will not apply and the

principal instead of the agent will be held liable. 182

Exam-

ining both of these theories

we must come
logical

to the conclusion

that

Rab Sama's

is

far

more

and

is

by

far the better

statement of the law.

Indeed, the Rosh, quoting R. Meir

ha-Levi, says that the statement of the law which


cept
is

we

ac-

the one given by R. Sama, and gives as proof a

corrected reading of the text, to wit:

presented his view


of R. Iwya,

in

the presence of

Rab Sama Rabina, in the name


that
is

and we have no record


silence

of a denial of this state-

ment by Rabina. The regarded by the commentator


Sama's
is

on the part of Rabina


as an admission that
-*

Rab

a true statement of the law. 18


in the
It is

Rabina's view could

apply only
isi

performance of religious acts; 184 Sama's


quite difficult to give a proper English equivalent to this
in this connection.

B.

M.

10b.

it would Applying It cannot refer to one who it to civil or criminal acts, the meaning is not clear at all. is not responsible legally, e. g., a minor or non compos mentis, as the rules of agency do not apply there. The only example other than those of a purely religious significance given by Rabina is the case where the stolen article is found in the court-yard belonging to the thief, and it is regarded as if found in the hands ot the thief because the court is viewed as the thief's agent. The court is, of course, not responsible for acts done therein. 182 Ibid. In both these views, the underlying thought is that it cannot here be said ryDlP '0 ,_D1 T07Hn '"Oil 3171 H31 that he was to obey the Master's words and not the words of his principal in the former, the master's words did not apply to him; in the latter, hewas not at liberty to make his choice. 183 Cf. Rosh, ibid. See also D"Bn 1'173 B. M. 10b. i 81 The Talmud indeed attempts to offer cases of civil and criminal nature to Cf. B. llustrate instance? of N3VP ~i2 1N7 non-responsibility, but without success. Mesi'a 10b; '7 1333 1NX 13yi nN7 1D1KH in which a married woman and a slave are offered as examples of N31TI '33 1N7, but where the answer is given that legally speaking the 7IVX and 13y though in their present status unable to pay damages, are nevertheless regarded as N3Vn '33 responsible with payment deferred until slave is emancipated or woman freed of marital tie. R. Akiba Eger, commenting upon this suggested case of the Talmud, offers a better and more striking answer, viz.: that the reason w< one is not a K31TI "Q is because the principle TD7nn '1311 3"VI '131 does not apply must also pay heed to "the words of the Master," But here, the H3y and to him. for they, too, are prohibited to steal; hence they are torn '33 responsible. But this

Hebrew expression as used mean one who is obligated

In applying

it

to religious acts,

either to perform, or to abstain from these acts.

HW

164

THE JEWISH QUARTERLY REVIEW


applies
to
all

interpretation

cases

of

the

law.

l8 s

logical

corollary to be deduced from the above


is

statement of the law


rule that

the further exception to the general

where the Shaliah did not know the act was an

rrray or wrongful

where,
affected

for

example, the undertaking


of the

was lawful on
act does not
of

its face,

and the agent was ignorant


it

facts or the purpose

which alone rendered

unlawful

the
re-

become

by

its illegality

and the status

agency remains established. 186


to an innocent party

Thus, suppose a thief

came

and asked him as a favor to

move an ox from
to him,
his

a certain barn, which he claimed belonged


it

The ox was, in fact, not The man complied with the thief's request, and after he removed the ox, it died. The Talmud rules that from the moment the agent removed
and to watch
for him.

but belonged to another.

the ox,

it

was the act

of the principal

and the

thief alone

was therefore
legal right to

responsible. 18 "
his principal,

The
is

agent, believing that the

ox belonged to

and therefore that he had a


not affected by the actual

remove him,

illegality of the act,

because the principle of the master's

command

conflicting with his principal's does not apply.


striking,
is

comment, while
185

unnecessary, as the

Talmud

itself (ibid.)

shows that they

are responsible, else

The

should they pay afterwards? Talmud's effort to prove that there is a practical difference in the appli-

why

me to be far-fetched. As to the question of the "ixn both rules would equally apply the "IXn is not a N3Vn 13, but it i9 also not able to express its own will, hence it is not in the category of T3y 'y3 X T3y K7 'ya 'Kl. Even in the cases given of a religious nature, where the Talmud
cation of these two rules (B. Mesi'a 10b) seems to

does make out a case of difference in application stretches the terms used to an unwarranted degree.
Israelite to
i-

it

can be seen that the Talmud Thus, where the Kohen asks an

marry for him a divorced woman, the Talmud says that the agent here N2"n 13 IN/, but does possess freedom to choose whether to do the act or not. Hence says the Talmud, according to Rabina, the Kohen or principal would be responsible According to Rab Sama the agent alone would be responsible. But to say that the agent is not a K31T1 13 simply because the particular law of marriage does not apply to him personally but only to tb' begging the question. It w< mil be far more logical
he,

being the (Cohen's representative, acting for the


1

priest,

is

legally a

N3vn 13, and hfncf he Bhould be responsible. Perhaps this is what the Rosh (ibid.) meant when he said, in conclusion: "WIS s^.x ITT3S "m ? rrbv nn32>3 n ? "pVn
1

also

To
v.

if'H

B. K.iin. 79a l>t.. for a similar forced Interpretation.


h.

Mian.,

18^,

1;

rrWl ita ad
LOb;
i

loc.

So
to

also

in

modern law;
io.

ti.

Roys

John
I

i" Cf. Tosafol to B. Mi

a.

f.

also 3371

THS

Hosh. Mish., 348,

the jewish law of agency -levinthal

165

Further ExceptionsParticular Cases


by Rabina and Rab Sama, limiting the application of the law with
reference to the illegality of the action, the
In addition to the general rules enunciated

Talmud

also

enumerates a few special cases, not at


Rabina's and
theless,
is

all

in the class of

Rab Sama's

exceptions, which are, never1

not affected by the rule ilTay "U7

it^p p*.

There

first

the case of n'ryn or the inadvertent conversion of


to profane use. There,
if

Temple property
mitted the act
in

an agent comis

behalf of his principal, the latter

held

responsible, despite the fact that the act

was

illegal.

The

Talmud

there points out that this exception

is

based upon

the use of
the Bible.

mw
l8S

mm
The

a similarity of phrase in two verses of


fact of the

matter

is

that the case, of


is

Me'ilah presents no further exception, but

another ex-

ample

of the case just discussed

where the agent does not

know

that the act

is

prohibited.
it is

The very
18 '

act of Me'ilah

implies not

knowing that

sacred.
rule
1

is the case, where an animal that was stolen was sold or slaughtered by the thief's
'

Another exception to the

representative.

There the rabbis decide that the


of

thief
its

must pay the penalty


value,

nom nyaiN

four or five times

and not the agent, despite the fact that the act of the agent was illegal. ' But here again the rabbis do not
1 1

rest their case

upon

legal principle,

but upon an analogy


in

between the two

cases,

embodied
1'2

the words IN

ratal

nao "and
so, too,

he

kills it

or sells it".

Just as in selling, two

parties are necessarily implied, the seller

and the purchaser,

say the rabbis,


The
reference

in
is

the case of slaughtering, two


and

'" Kidd., 42b.


17. 32.

to the similar use of KDPI in Lev. 5. 15,

Xum

i" Cf. Tosafot Kidd. 42b, bot. " Simmons (cf. note 83) mentions only the n^'yo case, and says that exception. He evidently overlooked this and the following case. ' B. Kam. 79a; cf. ibid., 71a. Tur, nosh. Mish.. 3

is

the one

! Exod.

21, 37.

166

THE JEWISH QUARTERLY REVIEW


and
his representative)

parties (the principal


plied.

may

be im-

Mention must

also be

made

of the case taught

by the

school of Hillel, that where a

man was

entrusted with the

keeping of an article and he authorized another to convert


it

or to
1

misappropriate

it,

the principal
act

would be held

liable,

"

though the

illegal

was actually committed


of a special

by the agent.

But here again they make use

verse in the Scriptures 1 ^ to permit this exception.

Lastly must be mentioned the very interesting case


cited
'

by

Isserles in his glossatory

comments

to the

Shulhan

Aruk that where a man

delegates another to act as informer


if

against a certain person,

the

man

thus delegated had the

reputation of being an informer, then the principal in this


case,
his
is
i.

e.

the
will

man who

thus instigated the informer to do

work,

be held guilty.

But here again, the exception


rule.

not really an exception to the general

For as one

of the rabbis well notes, as soon as the principal

gave the

information to the professional informer, he already was


guilty of a crime, because, having told
it

to a reputed in-

former, he should have foreseen the consequence of his


act. "95

TERMINATION OF THE RELATION


When Purpose
The
act,
for

of Agency
is

is

Accomplished

relation of

agency

terminated as soon as the

which the agent has been appointed, has been

performed.

As

to

what constitutes performance


and
will

will,

of

course, be a question of fact,

depend upon the


Thus, the
rwTII

nature of the transaction, usage and custom.


" B. Mesi'a 44a;
,

Ki.M. 42b; Tr. Hosh. Mish.,

2^2.

7.

8,

the words JWS

"Oi b^by.
Ik

It is

interesting to n te that thi


ibid.,
it

the
thi= ruling,

T l|r by R
'

iillel

Kohen, must have meant


I

does not accept to apply only in a case where


2'>7.

7)

know
to

th
!i.

it

n"t belong to the principal,

II"

Mi

~z .-

Tins

ibid.,

quoting the H.it.im

THE JEWISH LAW OF A.GENCV


case of the

LEVINTHA1

167

Shadkan presents an
will

interesting

illustration

Whether he

be entitled to his fee or brokerage as soon

as the parties agreed to

marry or only when the man


'6

actually takes place, will depend upon the custom in vogue


in

the particular locality.

Where

there

is

no particular
is

custom, the time when the marriage takes place


relationship
until the
is

when

the

terminated.

Where

the custom

is

to wait
prevails,

wedding day, or where no custom at

all

the Shadkan has no claim where the parties afterward re-

ceded from their compact. "


1

The
If

case of divorce gives us another good illustration.


bill

the principal appoints an agent to deliver a


is

of divorce

to his wife, she

not divorced, until the agent actually


Until then, the principal
his power. iq8

delivered

it

to her.

may

revoke

and the agent may renounce


as soon as the agent receives

In the case
get, just

where the wife appoints the agent to receive the


it

in his

hands, the divorce


1

takes effect, and the relationship terminates then. "

She
his

can no longer revoke and he can no longer renounce


authority.

Where, however, she appoints the agent


it

to

accept the get and to deliver


effective,

to her, the divorce

becomes

only when

it is

delivered to her, and the relation-

ship
self,

is

not terminated before. 200

Until she receives

it

her-

she

may

revoke the power of the agent.

Revocation* by Principal

The

principal

has the power to revoke his agent's


,

authority at any time, with or without a good excuse and


>
197

Isserles to I.Iosh. Mish.,

185, 10.

Idem.

unless

previously agreed otherwise.

differed in this matter, thus, Isserlein (a'DTIDl

work is done and his pay the Shadkan's fee till the marriage immediately the contract is drawn up D3pn QSPin." " Eben ha-'Ezer, HO, 1. Cf. GiU'ii IV, 1.
the Shadkan's

made
wont

As was stated above, custom "When the match is wages earned. But in our place, we ai
D'pDS 85) says:
is

to

celebratt

'

Ibid., 140,
"><>

^.

Ibid., 140, 5.

168

THE JEWISH QUARTERLY REVIEW


is

whatever the agent does after revocation

not binding

upon the

principal.

This applies to the case where a power

of attorney has been conferred as well as in ordinary agency. 201

While he has the power to revoke, he must see to


the revocation
is

it

that

brought home either to the agent, 202 or

to the person with

whom

he deals, otherwise he will be


It follows,

responsible for his representative's dealings. 2 3

then, that where the principal appoints a second agent to do

the act for which the

first

agent was appointed, he thereby


first.

revokes the authority of the


to

Thus, where

gave

a power of attorney and later gave another harsha'ah

to C; both

B and C appear

before

with the claim.

The

law says that

must recognize C, the second appointee,

because the latter appointment implies the revocation of


the
first. 204

This power of revocation

is

given to the principal on


is

the theory that inasmuch as the relationship


fidential nature, he has the

of a con-

power

to select

whomsoever he

pleases
pleases. suffers

and
no

to terminate his authority

whenever he so

Where
loss

the agent

is

a gratuitous one, and therefore

because of the revocation, the principle holds


of the Sarsor?

good.

But what

Suppose he has already

undertaken the performnce of the transaction, can his


authority to continue
in

that case also be revoked?


this question.
It

The
seems

law does not gives us an answer to


to me, however, that

we may

infer

what the

rulings of the

rabbis would be from the very similar case of D'^yis day


laborers.

Either party there has a right to withdraw from

the transaction.

But

it is

clear

from the statement of the

law, that they have this right only before the laborer
'

com-

wi'Il.

So also in Roman law; cf. G. LeapingMisb., '. 3. and in modern English law; cf. Hartley's Appeal, 53 Pa. St. 212; Burke v. Priest SO Mo. App. 110; Conley v. Dazian 114 N. Y. 161.
l

Idem,

p.

248;

sol

[sseriea to (Josh. Mish., 122,

3,

end.

'
<

See above,
llosh.

iim, ill. 10;


cf.

isfa

Mi

a.,

122.

2.

Mill..
198.

12<. 3;

foi

.i

similar ruling

Copeland

v.

Mercantile Ins.

Mil.

JEWISH LAW OF AGENCY

LEVINTHAL

169

menced
loss.

his

work, because neither would then suffer any

If

he already commenced his labors, then the master


in

cannot discharge him unless he pays him as


of an idle laborer

the case
rule

^aa ^yiD. 205

Applying the same


all

we

would say that the principal can revoke at


in the case of the Sarsor.

times, even

But where the Sarsor would, by the

revocation, suffer a loss, the principal would be

made

to

pay him the amount

of his

loss. 206

Exceptions to the Rule of Revocation

An

important exception to the general

rule,

permitting

the principal to revoke the authority of his agent, must

here be noted.

When

the principal hands to his agent a

deed of

gift,

as, for instance,

a deed of manumission for


principal cannot revoke his
recal-

delivery to his

bondman, the
here

representative's authority
led.
20 ?

and the deed cannot be


is

The exception
which
is

based solely upon the passion


all

for justice

noticeable in

the rabbinical decisions.

The

sages base their ruling upon the principles previously

discussed, viDn
in his absence.

xhw

u~\^h yDi that

we

benefit a person also

Once the master delivered the deed, grant-

ing liberty to his


nefit

bondman, the

latter

is

entitled to the be-

he had intended to confer upon him.

There

is

a further exception to the general rule, based

upon

the principle
If

above quoted, that we benefit a person

in his absence.
in

Reuben owed Simeon money,

or held

his

possession a treasure belonging to Simeon,

and,

delivering this
25

money

or article to Levi, his representative

333, 1. 2. Cf. B. Mesi'a 31b, for explanation of term fcfosh. Mish., the pay which a laborer would ask for stopping work for which he was engaged (which would be less than he would earn by working). Another opinion explains it: as much as a laborer out of work would take rather than be idle.

fur,

b'J2 VyiS:

208 So, too, in modern law. "While the principal has the power, he has not always the right to revoke, and agent has action against the principal for any dan; thereby." Brush-Swan Electric Light Co. v. Brush Electric Co., 41 Fed., 163. While

he can sue for damages, the courts will not specifically enforce the contract against Elwell v. Coon. 16 At]., 580. the principal.
20'

Gittin

I,

5.

170
said:

THE JEWISH QUARTERLY REVIEW

"Take

this to

Simeon

to

whom

it

belongs", he can no

longer revoke Levi's authority nor recall the delivered


article.

Once

it

came
20S

to Levi's hands,

it

was accepted

in
is

behalf of Simeon.

The

peculiarity of this decision

further complicated by the ruling that despite the fact that

the principal can no longer recall his agent's power, he


nevertheless, remains responsible for
209

its

safe delivery into

This ruling, presented by Rab, the hands of Simeon. was accepted as law, but Samuel disputes it and holds that the principal remains responsible and may also recall the

power

of the agent until the article

is

actually delivered to
is

the third party.

Samuel's view certainly

more

logical

and

it is

evident that the later authorities, while accepting


it,

Rab's

decision, did not favor

and limited

its

application

only to the case

psa

lpS371

prmnEO when the principal


210

was not an honorable person,

the suspicion being enter-

tained that his attempt to recall the agent was prompted

Renunciation by Agent
Just like the principal, the agent, too, has the power
to renounce his

agency at any time, and the principal can

have no

legal claim against him. 211

By Change
Agency
is

in

Condition of Parties
if

likewise terminated

there

is

a change in

the condition of the parties.

Death

of either party puts

an end immediately to the

relation. 212

No

act of the agent,

after the principal dies, can bind the heirs of the principal,

nor can the heirs benefit by his acts, unless they adopt

him as
'

their agent. "3

Although, as we have seen before,"*

Git-Un 14a;

ment, not in the case " Hosh. Mish.,


niti 14a;

of nifts.
125,
1.

This applies only to cases of debt or bailBosh. Mish., 125. 1. Hosh. Mish., 125,5.
125, 2.
1.
:

tfosb. Mish.,
183,

HI TUT, U>-h. Mish..

Cf.
in

Harrow
J1 >

v.

(ii~hw.iv. 37
>>r

Mich.. 481, for


at will.

imilai ruling, whers the a Eben ha 'Eaer, 141, 11. toove, p. 168 and p. 138.

Indefinite period

la

an agency

GI&. 1,6;

ibid., 13a, f.

THE JEWISH LAW OF AGENCY


by
his desire to

LEVINTHAL

171

defraud the rightful owner of the


is

article,

notice of the revocation of an agency

generally necessary,
effect

yet

when

it is

revoked by death, the revocation takes

at once, even as to persons ignorant of the principal's

death. -'5

It

is

for that reason that the codifiers advise a

third party, in dealing with an agent, not to give


article

up an

belonging to the principal unless the agent bears

a harsah'ah.

Without

this

power

of attorney,

if,

when he

gave up the

article to the agent, the principal


lost
it

was dead,

and the agent

or

met an accident on the way that


it,

prevented his returning

the third party Would be liable

to the principal's heirs, for the reason that the

moment

the

principal died, the agency terminated,

and the

third party

gave up the

article at his

own

risk. 216

Where
is,

the agent, on

the other hand, bears an harshaah, his power does' not


lapse

by the death

of the principal, as he

in legal effect

at least, an assignee of the claim


It is for

and acts

in his

own
I

right.

that reason, too, that the third party must always


fear to

recognize the Mursheh, and cannot say to him: recognize you


lest

your authority has been revoked. 21 "


legal claim,

Once he displays the harshaah, he has a


vocation, he

and

unless the third party has absolute knowledge of his re-

must deal with him. 218


of imbecility or deafness

The subsequent occurrence


and dumbness

of the agent or principal will also terminate

215 For a similar ruling in English Common Law cf. Farmers' L. & T. Co. v. Wilson 139 N. Y., 284. In the Roman law, if the mandatory while ignorant of the death of the principal does act bona fide within his authority, the heirs of the principal are to be bound by what is so done. Inst. Ill, 26, 9, 11 Dig. XVII. So also, while death of either party ordinarily revokes, where it appears that the transaction at the time of the death was in such a state that there could not be a revocation, the liabilities D XVII, 1. 2, 6; idem XXVII, 3. will devolve upon the heirs.
;

=>
217

Hosh. Mish.,

122,

1.

While death does not automatically revoke in the case where one has a hariha'ah, it is nevertheless possible for the heirs of the dead principal to revoke the agency. Hence, where the third party is apprised of the death of the principal, he is advised not to recognize the Mursheh, for he can fear that the heirs have revoked the agency; Z- -1X2, ibid., quoting the -]"B> and the ^"BHnO.
;

"8 Maim.

Ill, 10;

Hosh. Mish.,

122, 3.

172

THE JEWISH QUARTERLY REVIEW

the relation. 2I 9

The same

reason that operates to sus-

pend an agency during

ineligibility affects its revival

upon

the restoration to eligibility. 220

Where the

Parties are Joint

We
joint,

have already seen that where the principals are

the agent, while he can renounce his agency with


all,
221

respect to
principals.

cannot renounce with respect to part of


So, too,

his

where the agents are

joint, it

is

to

be presumed that the principal desires their joint action

and judgment.

And

indeed, there

is

a view expressed to

the effect that the revocation or the renunciation of part of


their

number

or the death of one of their number, would


all. 222

terminate the agency of


so,

The

law, however,

is

not

and decides that even where part


have
their

of the

number renounce

or
is

agency revoked, the status of the remainder

unaffected. 22 3

W HERE THERE ARE SuB-AGEXTS


T

Where authority
agent,
it is

is

given to the agent to appoint a subof the latter proceeds

presumed that the power

from the

principal, 224

and

is

therefore not affected


If

by the

death of the agent who appointed him. 22 s

the principal,

on the other hand,

dies, the
is

authority of the sub-agent as


revoked* 226

well as of the first agent

The death

of the

2 " This may be inferred from Eben ha-'Ezer, 141, 32. This would be a case of nntPDi IBID 1'K 72X miOD inTnn. So, too, in modern law after occurring insanity terminates agency. Story's "Agency," 487. 220 Eben ha-'Ezer, W<J., sir above. i>. 152. Cf. also for a similar modern decision. Harris v. Lane. 10 N. H., 156.

221

Cf. above, p. 153. Cf.

222
I

Eben ha-'Ezer, Ml,


v.

61,

DHD1N C.

For similar modern views

cf.

Hartford

In

Ins.
22

Co.

Wilcox 57

III.

180.

the
of

Maim. Hilkol Gerusbin 6, 18. Cf. '.inin 33a, 33b, where, however, ibid.: Talmud deddl e on anothi isi lie, on the question of the validity of the testimony a part, when of a number ia concerned. 224 Eben ha-'Ezer, 141,39; cf. above, p. 2" r. 141, 41. Eben ha-'Ezi ' la, h Etc. Co. v. Mohi 8 ibid. ( I. also Pa. St 228, 24 Amer. Rep. 161.
I t >
I I i

THE JEWISH

WV 01

\.l

Nl

LEVINTHAL

L73

sub-agent, unlike the death of the

first

agent, does not

terminate the relation, and the

first

agent can either proceed


to

with the work himself or appoint another sub-agent


continue the transaction. 227

LEGAL EFFECT OF THE RELATION


Obligations of Principal to Ageni
If

an agent

is is

appointed to perform a certain act for


entitled to be reimbursed for
in the
all

his principal, he

sums

which he has paid out


principal's benefit.

course of his agency for his

The

outlays, however,

must be only

for the ordinary, regular or

customary expenses that were

The principal is not responsible for expenses unreasonable in amount or unnecessary for the
reasonably necessary.

performance of the agency. 228

Where
a personal

the agent, in the pursuit of his mission, suffered

loss, either

monetary or physical, he cannot claim

indemnity therefor from the principal. 229

Even where,
that his

because of his undertaking the act of agency, he would

become a captive or a
principal shall

prisoner, he cannot
230

demand

redeem him.

The Anglo-American law


tion

discusses at length the ques-

whether or not an agent


act,
if

may

claim indemnity for the


illegal,

consequence of his

the act was

but the agent

was ignorant
innocently

of its illegality,

and comes

to the conclusion

that the agent has this right.


sells for his

Thus, an auctioneer who

principal goods belonging to a third


is

person
2"

is

entitled to indemnity in case he


ha-'Ezer, 141, 42.

obliged to

Eben

228 Isserles, Hosh. Mish., 182, 3. Cf. for a similar ruling Maitland v. Martin 86 Pa. St.. 120; Goodman v. Meisel 65 Ind., 32. Roman law also held that mandator was bound to recoup the mandatory for expenses incurred. " Hosh. Mish., 188, 6. 230 Isserles to Hosh. Mish., 176, 48. Where, however, he is a gratuitous agent, the prevailing opinion is that he can demand of his principal to liberate him (ibid.) In modern law the agent is entitled to indemnity against the consequences of all acts performed in the due execution of his authority, which are not illegal or due to his own default, Cf. D'Arcy v. Lyle 5 Binney (Pa.). 441; Saveland v. Green 36 Wis. 612.

174

THE JEWISH QUARTERLY REVIEW


1

respond to the true owner for conversion.^


law this problem could not
arise,

In Jewish

because the agent cannot

be sued, once he acted on good faith, not knowing that the


act

was

illegal. 232

The

principal alone, in a such a case,

would be responsible, and he alone could be sued by the


injured party. 233

OBLIGATIONS OF AGENT TO PRINCIPAL


Must Obey
If

Principal's Instructions
in

the

principal

appointing

the agent specified

certain conditions which he desires the agent to perform


in

connection with the act of agency, these conditions must


fulfilled

be

by the agent.
effect

If

he goes beyond his power he


is,

"does not

anything", that

his

acts are void.

Thus

if

authorizes

to
is

sell his

house to one
Or, 235
if

man

and.

B
to

sells it to

two, the sale

invalid. 234

sends

pay a debt which he owes


back from

to

with the instruction to take

the note which he holds as proof of the debt,

and

if

returns the

money without asking


any

for the note,

B, the agent, will be responsible for


suffer thereby.
ilar rules of
236

loss that

A may

The

principle underlying these

and sim-

the law

is

expressed in the words that the


1

principal

Tiny ?
1

may always say to his agent: N ?! I'rmty "You are to benefit me by your service and
me".
237

^Tpn ?
1

not to

injure
2,1

Adamson
S.,

v. Jarvis, 4

Bing 66; Castle

v.

Anoyes 14 N. Y., 329;

cf.

Bibb v.

Allen 149 U.

481.
.164.

See above, p

' Cf. also milwrnnD to Hosh. Mish., 182. 3, beginning a somewhat similar case of indemnity is discussed.
Maim. "5
21
I.

N3Vn 13 nhvTW where

4.

ibid.,
If.

I.

'..

Cf.

Ketub. 85a.

however, the principal, when authorizing the agent, did not mention the the principal cannol bold the agent, if the latter returned the money without asking (<>r the note. ibid.
" Ketub. 99b;
B.

Bat 169b; idd.

42b.

THE JEWISH LAW OF AGENCYLEVINTHA1

175

Good Faith
Thus anything done by the agent that tends to work harm to the principal, invalidates the act and cannot
affect the principal.

Thus,

if

the Mursheh violates his trusl

by

selling his

power

of attorney to the debtor or

by

cancel-

ling the debt, the act, as affecting the principal, will be of

no value, unless, of course, the authority w as granted with


r

the accompanying condition that whatever the agent

will

do

shall

bind his principal. 2 ^ 8

Negligence of Agent

The

agent, whether paid or gratuitous,


in

is

obligated to
else

use reasonable care


the principal

whatever he undertakes to do,

may

hold him liable for any loss sustained. 239

Thus,

if

gave money to
so,

B wherewith
in

to purchase wheat,

and B did
rain

but placed the wheat


it,

a house where the

was

likely to injure

the agent will be held responthereby. 240

sible for the

damage occasioned

As to Honesty of Agent
If

the agent pleads that he

met an accident and thereby

sustained a loss in the article belonging to the principal,


then,
if

the agent can bring witnesses to prove his claim,

he

is

relieved,

from

all

liability for his loss.


if

If

he cannot

bring any witnesses, then,

the accident occurred at a


likely that others should
is

time and place, at which


witness
it,

it

was not

the agent must take the oath that


in

usually

administered

such cases to bailees, and he

will

not be

held further responsible.


in

But where the accident happened

a public place, where witnesses were undoubtedly present,

' Maim. 111,9: D"p ]n02V 'H:r bj. 2" So, too, in Charlesworth v. Whitlaw, 74 Ark., 277, 85 S. \V. 423; Preston v. Prather, 137 T". S. 604. In Roman law, however, an aj^-nt, though gratuitous, must skow omnis diligentia, failing which he must pay damages. 2 Hosh. Mish., 187, 1.

176
or where

THE JEWISH QUARTERLY REVIEW


it is

claimed that the accident was seen by other

people, the agent, in order to be relieved from liability

must produce witnesses


cipal

to prove his claim, else the prinloss. 2


''

may

hold him liable for his


if

In fact,
of the agent

the principal has a suspicion as to the honesty

who

represented him in a transaction,

if

he has
all

reason to believe that he did not turn over to him

the

money

that he

he has a right to

made or all the goods that he purchased, demand that the agent take an oath that
This he

he did not act dishonestly.

may do even though

the agent was a gratuitous one and derived absolutely no


benefit from his agency. 2 ^ 2

Agent's Liability for Loss


no difference between the Sarsor and the gratuitous Shaliah. 2 ^
noted above that in their legal effect there
is

We

There

is,

however, a difference

in the cases

where the agent


or articles be-

bears a liability to his principal for

money

longing to the latter.


services,
is

The

Sarsor, receiving
~idip

pay

for his
is

regarded like a ~db>

"paid bailee" and

therefore held responsible also in the case where the article


is is

lost or stolen. 2

The

Shaliah,

who

serves gratuitously,
is

regarded as the 03 n

~I01B>

"gratuitous bailee", and


2

held

liable only in

the case of gross negligence, ^ and

is

free

from

liability in all

other cases.

Agent

Who

Fails to Perform

An

agent, whether paid or gratuitous, cannot be held

liable for a

mere non-feasance, where he has never entered

upon the undertaking.

Thus

if

A says

to

purchase therewith some fruit for me, and

B Here is money, B fails to pur:

Maim.

II.

u,,-i,.

mm,.,

187,

I, 2.

[aim. IX.
'<

5.
1

See above, i>. ' llosh. Mi-ii..

50.

185,

7.

He

i-

in

l.l

liable

vt

it

he

l"-t

it

while on the

way

t'.

ii

nun

it

ibid.
'

ruling in case of Kr<>?s negligence in gratuitous agency. Whitel<


i

ham,

2 Bing.

THE JEWISH LAW OF AGENCY


chase,

LEVINTHAL

177

has no legal redress. 2

While- the rabbis do not


in

allow him any legal claim, they imply that the agent,

not

fulfilling this

agency, did not act

in

a fitting manner,

and the principal has cause and complaint.

for niDiyin

moral grievance

Where Agent Buys

for Himself Instead of for the


Principal

We
liable

have just seen that an agent


fails to

is

not held legally

when he

perform an act of agency which he

has undertaken to perform.

We

have also learned that


all

an agent

may

renounce

his

agency at

times. 247

An

interesting question

now

arises:

Suppose

appointed

to purchase for him certain goods.


it

does not purchase

for A,

but does purchase

it

for himself.

Has

A any claim
it

against

B?

Logically,

following out the above rules,


not.

would seem that he has


ed his agency
I
T

He can

claim that he renounc-

in

behalf of A.
it

So, too, he can say to

A:

If

had not purchased

at

all,

you would have had no

legal
if
I

redress.

W hy
it

should you be able to hold

me

liable

bought

for myself?

This argument

is

a logical
is

and a
if

valid one, on one condition however,

and that
in

the

agent

made no

use of the principal's

money

conducting

the transaction for himself.


the

This

is,

evidently, the view of

Talmud.

While
his

it

does

not countenance his act,


in

though he used
terms him a

own money
"cheat"

the transaction, and even


it

'NO"!

for acting in such fashion,

nevertheless rules that the principal has no legal claim

against him.

The Talmud
If

derives

its

ruling from the fol-

lowing interesting case:

commissions

to

marry

tor
<>i

him C, and B marries her


'

himself, she remains the wife


183,
cf.
1.

Maim. I, 5, VII, 6; Hosh. Mish., modern law in case of gratuitous agency;


217

Cf. T. J. B.

M.

10b.

So
N.
\

Thorne

v. Dios. 4

Johns

Above,

p. 170.

178

THE JEWISH QUARTERLY REVIEW


is

B, though B's action

not to be regarded as honorable. 2

-*

remembered that the case applies only where the agent used his own money in marrying C where, howBut
it is

to be

ever, he used the

money

of his principal,

it is

held that the

marriage to

is

not valid. 2 &

And

so,

too,

Maimonides

states the law that

where

the agent put aside the purchase


the principal in order to return
it

money
to him,

that he took from

and used

his

own

money

in

purchasing the articles for himself, the principal


it is

has no legal redress, though

the action of a 'NDl cheat. 2 5

But, on the other hand, where the agent used the


of the principal, the latter

money

may compel him


if

to turn the goods

thus purchased over to him, and

the agent, instead of


to another

keeping the goods for himself, resold


profit out of the transaction,

it

and made
the

he

may

be compelled to give
2 s*

up

to the principal

all

that he thus earned

Even

if

agent, in using that


his

money

declared himself a borrower of


article

principal, he

cannot keep the

for

himself, as

long as the
principal.
252

money used was


is

that entrusted to

him by the

A
self,

compromise view
if

suggested by the Maggid Mish-

neh that

the agent, before purchasing the goods for himin

renounces his agency before witnesses,

such a case

he

may
->-

declare himself a borrower of his former principal

Kidd. 58b, 59a. Cf. Eben ha-'Ezer, 35, 9. Where, however, the woman exstated that she does not want to marry his principal but is willing to marry him (the agent), he may do bo, and his action will not be regarde as the act of a 'SOT; HB>N Pipi XX narr? -I01NH Cf. Tosefta, Yebamot, ch. 4, npo !? npl K2C
pressly
1

mba

'131

\ba and the Gaon R. Elijah Wilna's emendation 'Jl^BD npo ("Tin .inn ibid.). According to the Gaon, thi [gent is a 'NOT cheat only in the case where the principal designated the third party from whom he wa to pun hase the article; otherwise, principal Where, however, the article purcl Foi mDljnn grievance only, there, even according unusual valui as an antique 'ii"3 lj'0 J'tQ hi purchased it for himself, even though Gaon, the agenl would whom the purchase was to be made (HDi'O the prini ipai did not Bpei ify thi

il

bid.).

1DV FTC

and

riBPTl to Pur,

Eben ha

'Ezer, 15. 9, both quoting the M<


in this fashion.

who

Btatea that the


i

Talmud must
10,
i

be understood

Meldrah VII, m. Meldrah VII, Ho h. Mi h


lim.
..
l

Mil... L83,
'

l. 2.

lim.. ibid.

THE JEWISH LAW OF AGEN<


and purchase
warrant
for himself. 2 ^

LEVINTHAL
however, very

179
little

There

is,

for this

view

in

the

Talmud, and

Maimonides
cannot
his

and Al-Fasi expressly state that even where he can prove


that he renounced his agency before witnesses, he

purchase for himself, but must deliver the goods to


principal. 2 54

Where
with him,

the agent can prove that the third party

did

not care to deal with the principal but was willing to deal
in

that case the agent

is

permitted to purchase

the goods for himself, but he must, of course, use his

own

purchase money.
to first
is

Even
r

here, however, he

is

in

duty bound

make

the fact

a possibility that

known to his principal. Where there w hile he will take the time to notify
will

his principal, the

goods

be sold to another, he
his principal of

may
the

purchase

it

immediately and inform


2 55

fact, after the transaction.

Can an Agent Sell to Himself?


In the case where an agent, authorized to
for his principal,
sell

something

purchases the article for himself,

we

see

a striking similarity in the decisions of the Jewish law and the

modern

cases.

The

general rule

is

that an agent can-

not purchase such goods for himself, even at the stipulated


price that the agent

was authorized
as

to
2> 6

sell,

unless he has

the express consent of his principal.

Where
sale,

the agent

paid him the

money he asked
it,

its

purchase price, and the


the sale
is,

principal accepted

agreeing to the

of

course, valid
it. 2 s7

and the principal cannot afterwards cancel


the price was not specified by the principal,
to

Where

Maggid Mishneh.
:

Maim. Mekirah VII,


3.

12.

" Cf. Isserles, Hosh. Mish., 183.

dm. Mekirah VII,

11;

Hosh. Mish..

p.

183. 2.

who was

given

money by Rabba bar Bar Hana, Kidd.


185, 2.

59a.

This was the case of Rab Cf. also Storey v. Eaton


1st

50 Me. 219. " Hosh. Mish.,


151, 67

Cf.

Anderson

v.

Grand Forks

Nat.

Bank

X. D.

X.

W.

821.

7 Hosh.

Mish.. 185. 3

180
there
is

THE JEWISH QUARTERLY REVIEW


no doubt that, under no circumstances, can the
to himself.
it

agent

sell

If

the agent did

sell

tohimself,

and

afterward resold

to another at a profit, the principal can


realized plus the profit.^ 8
sell

demand

the

sum thus

This

rule,

prohibiting the agent to

to himself,

was so

strictly fol-

lowed, that even in the case where a principal appointed

an agent to
for himself,

sell his field,

the latter could not purchase


]120,
i.

it

even though he was a

e.

had the prero2

gative of a neighbor
that,

the right of preemption. ^


is

Not only
if

but by acting as agent the law assumes that he has


he sold
is

given up the rights that he had before; and thus,


the
field to

a third party, and he

himself a p2D, he

afterwards denied the right to pay off


to take the land for himself. 260

the purchaser and

The Roman and

the English law base their decisions


is

on the ground that the relationship

founded on the con-

fidence that the principal reposes in the agent,


fore that the agent dare not

and

there-

do anything that

may

tend

to violate this faith of the principal.


its

Jewish law bases


of conis

decisions, in these cases, also

upon the element


faith that he

fidence,

and says that by

selling to himeself the

agent

tempted to show lack of that good

must

al-

ways

display. 201

The

rabbis, however,

have another reason


irn'jp

to justify their strictness. lniOD D~tN

Carrying the principle


is

bw

"A

man's agent

like

himself" to a logical
is

conclusion, they say that even where there


to the

no doubt as
sell

good

faith of the agent, as


is

where he was told to


you?

at a specified price, he
cipal

not permitted because the prin-

can say to his agent:


sell,

"Who
selling

sold

it

to

appointed you to

and

comprises the transfer


Cf.

ponsa of -|"BTin3 quoted by 3DV1


42 N. C. 211 for a similar ruling.

"1N3. ibid.. 185. 2.

Motley

v.

Motley

Cf.

B.

M.

08b;

li"

li.

Mi-h.. 175. 16.

ibid.

' Cf. 23 vi

iio

to 175. 16.

THE JEWISH LAW OF AGENCY


of a thing from the ownership of

LEVI NTHAL
article,
I

181

one person to that of

another.

You

are

my

alter ego.
It is

The
as
if

therefore,

did not leave

my

ownership.

sold to myself,

which

is,

of course, impossible.*'

Can an Agent Represent Both Parties?


Whether an agent may represent the
well as his

third party as
is

own

principal in the

same transaction

not

definitely decided.

In the matter of divorce, the law re-

mains undecided whether the wife can appoint as her agent


to receive the get the party

who

is

also serving as

her
is

husband's agent to deliver

it

to her. 263

An

agent

who

appointed to collect a debt or to pay a debt can act


of the third party.

in behalf

But
DIN ?
1

this

is

an exceptional case as we

can see from the rulings above mentioned, because of the


principle V3S3 N ?^
1

]'3?

of benefiting a person in his

absence.

In fact, the

moment

the

money

is

placed in his

hands to deliver to the third party, he automatically becomes,


in legal effect,

the representative of the third party,

though

his principal

remains responsible for

its

safe de-

livery. 264

In

the ordinary cases of selling or other business


it

transactions, the matter remains undecided, 265 though

seems to

me

that he should not be able to represent both.

All such cases require transfer of property

from one pos-

session to another.

By

his acting for

both such a transfer

would be impossible. 266

As to Extra Profits

When
262
! 2

the agent, engaged in a certain transaction in


name
of

Cf. Tur, 185, 3, in the

Rashba.

But compare n"3

to Tur, 185, 2, bot.


1.

"
"

265 268

Xl'TI Np'BD; cf. Gittin 63b; &"K"TTI 'pns, ibid.; Cf. above, p. 170. 2UTI -IK3, I.Iosh. Mish., 185, I, in name of "}".

Eben

ha-'Ezer, 141.

Cf. above, note 262. Modern law does not permit it, when the two parties have opposing interests, and each requires discretion and judgment. McDonald v. Maltz 94 Mich. 172. When, however, he merely serves as middleman, not in a capacity

which implies trust or confidence, he may.

Montross

v.

Eddy 94 Mich.

100.

182

THE JEWISH QUARTERLY REVIEW


i.

behalf of his principal, succeeds in getting a bargain,

e.

he secures the article at a lower price than that specified

by

his principal, or sells

it

at a higher price than that


profit belongs to the princi-

mentioned by him, the extra


pal. 26
-

Thus

if

commissioned
price,

to purchase for

him

wheat at a certain
lower price, the
the
principal. 268

and B succeeded
is

in getting it at a

amount thus saved


So, too,
if

for the
is

benefit of

the agent

given an extra

measure or larger weight by the third party, the extras


also belong to the principal.

We

noted previously the case


sell

where a principal
dollars

tells his
is.

agent to

the article for four

and the agent


is

successful in getting six.

Here,

too, the decision principal. 260

that the surplus profit belongs to the

The

rabbis, however, limit the application of

this general rule only to those cases

where the

article sold

or bought has no

market value.

bound
is

to

do

his best to serve his principal.

The agent is in duty Where there


for

no market value, we assume that the agent did thus serve

faithfully

and

tried to get as

whose behalf he served.

much as possible When, however, the

him

in

article

had

a definite market value, the rabbis decree that the surplus gain
is

to be divided equally between the agent


"

and the

principal. 2

For both have equally just claims; the agent

The gain is mine, as it was meant for me, inasmuch as the price paid was more than its market value. The principal, again, can say: You made the gain in my transaction and through the use of my money or goods. The profit is therefore divided between them, giving satiscan claim
:

faction to both. 2

'

'

[aim.

I.

5;

T"r. 185,

1. 3.

Cf. Kctub. 98b.

JM Maim.

ibid.
p. 135;

Above,
im.,

Jur.

ibid.

ibid.;
<xtr.i

tyosh. MiMi..

183, 6.

When

lu-

third party states expressly

measure to the agent himself, the principal cannot claim it. Cf. IsserleSi ibid., (rooting RaN and a response of RaMBaN. <h the Roman and the English law sternly prohibit the agent from keeping unto himself profit or gain accrued, but must in all cases turn it over to principal.
that
he-

gave the

the

jewish law of agency

levi nthal
i

183

Where the Agent Went Beyond the Powers Conferred Upon H

We
r

have already mentioned the principle underlying

the whole relationship between the agent and his principal,

namely, that the principal can always say to him ^ipn ?


1

'rmy ? nbi -\t\-\-w

"you have been appointed

to benefit

me
it,

and not

to cause

me

loss. "

This principle
is

is

scrupulously

followed by the rabbis.


viz.

There

only one exception to

where the

principal, in appointing him, conferred


in

upon

him unlimited authority


whatever
or hurt, 2
'

that he expressly agreed to


it

his
2

agent

will do,

whether

will

be to his benefit
is

otherwise the rule holds that the principal

not to suffer because of an act done for him by his representative.

Thus, a transaction negotiated by an agent .may


if

be set aside
reaching", or
the

the other party to

it

was guilty

of "over-

if it

was a mistaken transaction, even though


less

amount concerned was


if it

than one sixth of the value,

though,
himself,

the transaction was negotiated by the principal

would not be would be

set aside,

because one-sixth

is

the
in

limit allowed

between parties dealing with each other


set aside, too,

person. or sale

It

though the purchase


of over-

was

of land or of a bond, to

which the law

reaching does not apply. 2 "

Where
tions,

the agent deviates from his principal's instruc-

the transaction

may

be set aside. 2 ^
is

But where,
to suffer

because of the transaction, the principal


loss,

made

the agent will be held liable to


If, in

him

for the full

amount

of his loss.

the same transaction, there was a profit

or gain, the gain, on the other hand, will belong to the


principal.

This applies with equal force to the gratuitous


I,

Maim.

3;

I.Iosli.

Mish., 182,

3.

"3 Maim. I, 2; Hosh. Mish., 182, 3; cf. Ketubot 100a. 2T * So, too, in Roman law if the mandatory exceeds the Hosh. Mish., 188, 5. powers conferred on him by the mandator, the latter was not bound by his acts, D.

XVII,

1, 5.

184

THE JEWISH QUARTERLY REVIEW

as well as to the paid agent. 2 -s to purchase wheat,

Thus

if

commissioned B
instead, the

and B purchased barley


there

agent will be held responsible for any loss suffered by the


principal in the transaction, while
profit will
if
6

is

profit,

the

belong to the principal.

the various rulings in these cases


or transgresses from his

We must not confuse when the agent deviates principal's orders. The principal
2
-

may

refuse to accept the results of the transaction.


is

In

that case, the transaction

of no value, and the principal

cannot be held
party.
to
If

liable either

by the agent

or

by the

third

he wants to avoid the transaction, he has a right


if

do so even
2 '-

the agent offers to

make good any


say that
if

loss
is
if

sustained.

What we mean when we


it

there

loss in the transaction it

must be borne by the agent, or


ratify

there

is

a gain

goes to the principal, refers to those cases


the transaction
so,
in'

where the principal desires to


question.

Here we say that he

may do

and, in addition,

he

may

hold the agent for any loss suffered or for any extra
in the transaction.

profit

made

In other words, a transachis

tion in

which the agent did contrary to


is

principal's

instructions,

not void but voidable only at the discretion

of the principal.

We shall now be able


its face,

to better understand
later

a decision as given by Maimonides, and stated by the


codes, which, as interpreted
just

upon

seems to be unreasonable, but

by the commentators, follows the rule I have formulated: A authorizes B to purchase for him a
B buys the land but without taking
nosh. Mish.,
183, 185,
1.

plot of land from C.

m
deviates
ir

Maim.
froi

II.

6,

I.

S; 5;
is,

principal also had right to

all

In Roman law if agent advantages, but was not


8.

pon
':

ible for di
ibid.,

Bk. Ill, 161, Inst. Ill, 26,


'.

183,

The Talmud presents the divergent views


Foi

of R.

Meir and R.

Judah as to

this ruling: the foi

iationas termination of agency


himself.
K.
\ 'mi

and therefore the agent


-

will

be

his.

Judah holds tint the deviation does


belong to the principal.
to benefit

According to him, the profits not terminate

the relation.

the prim ipal

may

Therefore the aj to him:


lo
<

profitc

Where

there

is

a loss

wen

me and

not to injure me, you

must

therefore, stand the

'

B.

K. 102b.
to the

' Jtir, 188,

5;

i.

"|*0

comment

words bji

WD,

ibid.

Mil.

JEWISH LAW OF AGENCY


title.

LEVINTHA1
A
can force

L85

a guarantee of

B must

take the land tor himself,

without the guarantee as purchased, and


give him
it

to

his

own

personal guarantee. 2 ? 8

This decision, as

stands, seems to be opposed to the general rule that when,


carelessness or deviation, the principal

by the agent's
tion.
If

would

surfer, the principal

could not be held liable


rightly asks:
in

in

the transacit

And

so

RABeD

Why

should

be so?

there

was a mistake

the purchase, the principal should

have the right to annul the entire transaction.


gives us as answer the statement that this
is

And he

a case where

the principal wanted the land and was willing to ratify the
sale,

even without the third party's guarantee.

The

act

was therefore voidable and he had the


refuse or to accept the land.
careless

legal right either to

The
is

agent, however, was

and did not serve

his principal

with that

spirit of

faithfulness

and devotion that

required of him.

He must
if

therefore give to his principal his personal guarantee,

the latter desires to ratify his act. 2 "

This interpretation

could also be inferred from the wording of the law as stated

by Maimonides:
with his

"The agent

takes the land unto himself


it

without the guarantee and reconveys

to his principal since he

own guarantee
it

vrnyaa nniN mpi ^sin


principal's

purchased

with

his

money".
it

phrase has no meaning, unless

we take
it

to

The latter mean that the


if

principal cannot be forced to purchase the land, but


desires the land, he

he

may have

and

force his agent to


it

give his
cipal's

own

guarantee, since he purchased

with his prin-

money.
in

The Talmud,
an agent's
ized to do,
act,
if

discussing the legal consequences of

he went beyond that which he was authorfine distinction

makes a

between the agent who

" Maim. In this case it is presumed that the third 1,3; Ilosh. Mish., 182,6. party expressly told the agent that he will not give a guarantee, otherwise the omission

of guarantee
279

would be regarded as a
3;

scribe's error

Maim. Mekirah, XIX,


Cf. also Kesef

B. B. 169b.
ibid.,

Cf. Kesef

and the guarantee would be Mishneh, ibid.


to the

inferred.

Mishneh,

quoting

RaN

same

effect.

186

THE JEWISH QUARTERLY REVIEW


and violates
his principal's

totally disregards

commission
of

V~i3l hy "vnyo
his

and the one who does perform but who,

own
is

accord, adds to the errand of agency something

that he was not authorized to do, 280

r*m

"?y

^'DID.

The

former

a case of

mvy

injury,

and the principal has a right


but the addiis

to regard the act as invalid; in the latter instance, the act

authorized
tional act

is

valid

and binds the


is

principal,

done unauthorized

invalid

and

voidable at

the will of the principal.


follows: sold
If

An example
to sell

of the latter case


his land,
is

engages

one acre of

and B

two

acres, the sale of the

one acre authorized


is

regarded

as valid, while the sale of the additional acre

cancelled. 2 * 1

Where

engages

to sell

two acres and B

sells

only one,

there doubt

was expressed

as to whether this

was a case

of violation or of simple overstepping his order.

The law
for this

decides that this

is

a case of violation and the sale of the

one acre

is

therefore held invalid.

The reason

ruling seems to be the aversion to troubling the principal


to write out several deeds of sale or to

making him deal

with more than one party. 282

Obligations between Principal and Agent and the

Third Party

Among

the later authorities the opinion gained ground

that in a case where the principal desires to have the


transaction regarded as invalid because his agent went

beyond the powers conferred upon him, the third party may,
280

in

such a dispute with the principal, claim that the


I.

Ketubot 98b; Maim.

4;

Hosh. Mish., 182,

8.

"' ibid.
282

The same

ruling applies where the principal ordered


cf. ibid.

and he sold to two;


far in
I

then

it is

a case of

him to sell to one party Xahmanides, quoti'd in ECesei Mishneh, even kocs so that where the agent sold to two parties on one bill of sale, even tz>'2 ami tin principal can cancel it. He can claim that he do. it

not want to bother with several parties,


that where
is

Is

this reason, too, that


foi

is

given tor the rule

im purchasing this land


ini

my
!

principal,

and the deed


it

written in hi- principal's name,

annot afterwards say

purchased

for myself,

write mi- another deed In

my

name.

Maim.

II, 5.

THE JEWISH LAW

OB

AGENCY

LEVINTHAL

187

principal has given to the agent this wider authority,

and

the principal will have to bring witnesses to the contrary,


if

he wishes to be relieved of the agent's bad bargain. 2 ^


In
all

the cases where the principal

is

given a right to

avoid the transaction because of the agent's acting beyond


his authority,
it

must be noted that


alone.

this right

is

conferred
is

upon the principal


to stand
it,

Where

the principal

willing

by

his agent's act, the third

party cannot avoid


his powers. 28 <

on the ground that the agent went beyond

The

rules of

law stated

in

the above chapters with


all

reference to the principal's right to disregard

unauthor-

ized acts of his agent, applies only in the case

when

the
If

third party

knew

that he was dealing with an agent. 28 s

the third party, however, did not

know

that he was dealing

with an agent but thought that the agent was dealing for
himself, the transaction will be regarded as valid

between

him and the agent, and the


against the third party, but
sustained.
286

principal has no legal redress


for

must sue the agent


28 ?

any

loss

Thus, the case noted above,

where an agent

purchased land without a guarantee, and was compelled


to take for himself

and

to re-convey

it

with his own guar-

antee to the principal, was explained by Rabbenu Nissim


to refer to a transaction in which the principal
disclosed.

was not

had to

The agent, dealing in his own name, therefore stand by the purchase, while the principal, if he
it

desired the land, could compel the agent to re-convey

to

him with

his personal guarantee.

288

We
2 8

note from this that Jewish law did not adopt the
8,

"> Tur. 182,


285

quoting

RaMA.
6.

Cf. rbv.n "IK3 to

Hosh. Mish., 185,

Jewish law does not hold that it is the duty of the agent to disclose his agency, Unless the seller, at time of sale, expressly states that he would cf. Rosh to B. K. 102b. in that case he must specify the third party sell only to him and not to anyone else; of his appointment, or acquire it for himself, and the principal will have to acquire Cf. also above, note 61. it from agent.
288 287
2's

Maim.
Above,

II, 4;

Bosh.

.Mish.. 1S2. 2.

p. 185.

Cf. Kesef

Mishneh to Maim.

I,

3.

188
ruling of the
principal. 28 '

THE JEWISH QUARTERLY REVIEW


modern law with reference
to the undisclosed

Where

the agent deals in his


is

own name, and

does not disclose the fact that he


principal, the latter will

dealing in behalf of a

have no claim upon the third party,


be able to say to him Vyn I^V

and the third party


nN

will

HH

D ,_i31

"you

are not

my

adversary",
party,

have no

dealings with you.

The

third

upon discovering

that the transaction was not in the agent's


will also not be able to sue the principal for the

own
same

behalf,

reason.
if

Whether the

principal could be sued

by the

third party

he makes use of the article purchased by his agent, and the

agent refuses to pay,


cision will rest

is

a different question, and the derules of agency,

not upon the

but upon the

ordinary rules of quasi-contract.

Even when
and
his

there

is

a dispute between the principal


fulfilled his
I

agent as to whether the agent


e. g., if

commissell sell

sion or not,

the principal claims:

told

you to

the article for $100, and the agent says:


it

You
if

told

me

to

for S50,

and

sold

it

for that

sum,

the third party

knew

that he was dealing with an agent, he will have to

return the article or

money

secured to the principal.

This

decision suffices to prove to


to protect the principal,

what extent the rabbis went

and also to show how careful a

third party

had to be when he knew that he dealt with an


disposes of his principal's property

agent. 2 '

Where an agent
beyond the scope
an agent sold an
that
268

of his authority, as, for instance,


article

where

which he held

in his possession

belonged
Contrary to

to

his

principal,

without being author-

The Common Law

as well as the

Contract.

thi> doctrine,

Roman clung to the doctrine of Privity of modem law established the sweeping rule that
in

an undiscovered principal may both sue and be sued upon a contract made
behalf oi '"

his

bU

-< rel

dlsi

losed principal,

nigh the third part;


iy v.
I

credit

to the agent supposing


v. Barnett 116

him to be the

Fennel 10B&(

671;

Kayton

-in.

ii,
it

<,.

RABeD
it

[ibid.) t"i

disagrees with the deci Ion

N. Y. 625. oi Maimonl

rightly layi that


to gel the artii
le

opens the way

the principal and the agent to conspire in ordei

bai k,

they regret the transai Uon.

Till:

JEWISH LAW OF AGENCY


at

LEVINTHAL

189

ized to sell
in

it

any

specified price, the third party will be


it

duty bound to return

to the principal. 2 '

Where

the agent has been appointed to deliver a debt

due a third party and the third party happens to be indebted


to the agent himself for a previous debt, the agent can
set off or

deduct from the money that he collected the


the third party will have no further
This, however, applies only

amount due him, and


in the case
it is

claim against the principal.

where

this

party admits the debt, admits that

now

due, and also makes claim that he has no other

possessions from which the debt can be paid.

But

if

he

denies the debt, or

if

he has other possessions, the agent

cannot keep for himself any of the moneys he collected.


Furthermore,
if

the agent refuses to give up the money,


1

the principal can be sued by the third party for the amount. 2 '

We
deceived
the

have learned above " that when the agent was


2

in

the transaction

by the

third party, even

when

amount was a mere

trifle (less

than

i/

its

value), the

When, however, the third party had been deceived by the agent, the same rule does not apply and he is governed by the one-sixth limit allowed
transaction would be set aside.

between parties dealing with each other


this view, given in the

in person. *m
is

While

name

of R. Jonah,

the accepted

one, there

is

also a strong opposing view.

Hai Gaon held

that just as the agent so also the third party could set
aside the transaction
if

the

amount concerned by
than one-sixth.

the agent's

overreaching was even


this case to the

less

He compares
sells

one where the Bet Din, the Court,

goods
ing
is
291

in

behalf of orphans.

There, the rule of overreach-

used for the benefit of the purchaser as well as for


Maim. II, 7; Hosh. Mish., 185,6; but see Isserles, ibid. So also Thompson v. Barnum 49 Iowa 392. Hosh. Mish., 125, 3. The modern law does not permit the agent
off

in

modern

law;

cf.
292

to deduct

or to set
v.

a debt due to himself in a matter not arising out of the agency.

Melvin

Aldridge 81

"

Md.
9.

650.

Above,

p. 183.

29 <

Tur. 182,

190
the orphans.
difference

THE JEWISH QUARTERLY REVIEW


R. Jonah, however, points out a distinct
cases,

between the two


it is

when

the Bet Din

sells

for the orphan,

at the

same time the agent

of both the

orphan and the third party, hence the law


applies to both.

of overreaching

Here, however, the agent does not re-

present the third party, and hence, the latter cannot in-

voke the benefit

of this rule. 2 ^

Presumptions of
Until there
is

Law
a presumption that the

definite notice of the principal's revois

cation of his agent's power, there

agent

is

authorized to carry out

his

commission, and the


this

third party has the right to rely

upon

presumption. 2 ' 6
effect that

There
ijtutVp
fulfilled

is

also a

presumption of law to the

npy
his

m^p

npm an

agent has done his duty and has


until

commission,

the

contrary

appears. 2 "

This presumption has led the rabbis into a discussion of a very complicated nature.

to

marry

for

him a

What would happen if A sent woman whom he considered suitable,


knowing with

and B

dies without

whom

he entered into
of

the marriage contract in his behalf?

The presumption

law being that B


hibited

fulfilled his

commission,

would be pro-

thereafter

from marrying any

woman who had


in violation

relatives living, lest his marriage


of the laws of consanguinity.
2'8

would be one

His only remedy would


prohibited family

be to marry a
relations

woman whose immediate


all

were

dead or one who never had any.


( '<

INCLUSION'
is

The
jects

subject of agency
topics

closely allied with other sub-

where certain

play a

most important

role.

cf. (P*H"in

' Tlw Rosh agrees with the latter view, which to Tur, ibid. 'pDE Ketubot XI. I' nVun "HO, ii"-ii. Mi-ii.. 122, 2; cf. above, p. II
I

d ae tin- rule of law;

,(,!.,;

law;

'i.

Bh

Ebeaba-'Ezer, 35, 11 The same presumption Is met in modern 55 X. Y. App. Div. 121,67 X. V. Suppl. 162,
ibid.

Gittin and Eben ha-'Ezer,

THE JEWISH LAW OF AGENCY

LEVINTHAL

191

writer has, therefore, limited himself to a discussion of those rules of law that belong to Agency in particular,
discussions of those rules which, while applicable to Agency, form subjects in themselves. Thus he did not discuss the law pertaining to Oaths, though
all

The

and has omitted

Oaths play a

prominent
is

part

in

the

relationship

of

Agency, where there

a dispute between the parties with

Rtcrence to the acts of the agent. 2 ?' He has omitted also the law dealing with the eligibility of an agent to give evidence in a dispute in which he is an interested party,
a subject well treated

by

all

writers on Evidence in Jewish

Law. 300

The

writer has also deliberately omitted discus-

sions of those laws that deal with agency in religious matters, e. g.

the question of the priest, whether,


rites of sacrifice,

when he

per-

formed the

he was to be regarded as the

representative of the Almighty or the agent of the Israelite

who brought the sacrifice; or the laws relating TQS representative of the Jewish community
ligious service.

to the n'bw
in their re-

The

writer believes, however, that a sufficient presen-

made to prove how far advanced, nay, how almost modern, the Jewish rabbis were in their treatment
tation has been
of this

complex relationship between a principal and

his

representative.

J.

2 " For a discussion of this subject E. Tyler, Oaths.

cf. Z.

Frankel. Die Eidesleistung der Juden;

300
I.

Cf. Z. Frankel,

Der Cerichtliche Beweis nach Mosaisch-Talmudischen Rechte;

Blumenstein, Die terschiedetien Eidesarten nach mosaisch-talmudischen Rechte.

ILLUMINATED HAGGADAHS*
Bv Rachel Vishnitzer,
Berlin

A Spanish
tury'

miniature of the

first

half of the 15th cenof the

represents the Grand Master

Order of Cala-

trava,

Don

Luis de

Guzman,
hand

sitting

upon a golden throne.


and above
his

holding in his right

his sword,

head

an angel waving a banner with a red cross on it. By his side at the steps of the throne are a Dominican and Franciscan
of

monk.

Vassals and knights wearing the red cross


long
files.

the Order are standing in

before the basement of the marvellous architectural


position in which

Lower down, com-

we admire

the round Moorish dome,

the slender horse-shoe arches and the Gothic pinnacles, The eye of the there is a brilliant gathering of knights.

spectator

is

delighted with the rich variety of colors in

the fur-trimmed tunics, shoes, girdles, swords, and the

triumphant red of the innumerable

crosses.

But there
a

is

someone amidst

this distinguished

company,
in

man
This

in a long, greyish mantle, falling

down

heavy

deep

folds,

man
is

wearing a big badge on his right shoulder.

Moses Arragel, the Rabbi of Guadalajara, The Grand Master of the Order of a Castilian Jew. Calatrava asked the learned Rabbi, who by the way was

man

a vassal of the Order, to furnish a commented and illustrated Bible, "una biblia en romance, glosada e ystoriada"
is

based chiefly on a comparative study of the Haggadahs Or. 27.<7 'The article MS. \2(> of Or. 2884, Or. \VH. Add. 14761, and Add. 27210 in the British Museum. and the the Frederick David Mocatta Library in London (Catalogue. 1904, p. 424). Die Spanish Hagcadahs described in H. Mueller. J. Schlosser and D. Kaufmann.

Haggadah von Sarajevo, Wien 1898. t Casa de Alba, Madrid, reproduced


loricas
chivos,
a

y geneatogicas de

los estados

in Duke ot Bervick and Alba, Nottcta hisde Montijo y Teba, segun los dociimentos Je shs ar

Madrid 1915,
S.

pi. A opp. p. 18. Berger, Les Bibles Caslillanes, Romania, 1899, 28e annee, p. 522.

194

THE JEWISH QUARTERLY REVIEW


of revising the Castilian

Moses Arragel undertook the task


completed
title

Bible translation according to the


his

work about

1430.

Hebrew tradition and The miniature on the

page of the Bible shows the ceremony of the pre-

sentation.

Rabbi Arragel looks very


on

dignified

in

the picture, and

an innocent observer would surely take the brown badge


his shoulder for a decoration.

But unfortunately the

Jewish badge was not an honorable distinction. Quite the


contrary.

The Jews made innumerable


for the abolition of the

efforts to

be freed of the

badge, whole communities pleaded before the authorities

badge or at

least for a reduction


for

of

its

size.

The Jews

of Catalonia,

instance,

had

secured the privilege to hide the degrading mark,

when

wearing the long hooded cloak.

It

seems, however, that

Moses Arragel, a
privilege.

Castilian, did not enjoy even this


in

modest

The miniature
is

the Olivares Bible, as the

Castilian Bible

called,

is

an eloquent illustration to the

paradoxes of Jewish

realities.

There we have a Jew en-

joying the highest marks of esteem and the centre of a

solemn performance at which the highest dignitaries of the


Catholic Church took part, while other Jews represented

on the same frontispiece are being succored, fed and clad

by the misericordious
there
is

friars.

On

the right side below

Jew

discussing with a knight,

who

is

piously
is,

listening to the eagerly gesticulating speaker.

There

as

may

be noticed, give and take, and exchange of services,

an atmosphere of genuine humanity.

The defamatory

mark on the shoulder

of the Rabbi,

the large badge on

his long robe, strike- u- as


1

an entirely unexpected feature


<lrr

F,

Baer, Sludien zur Ceschichlt


II.

Juden im Kotnigreich Arogo*


p.

dts

/.(.

and

Jahrhunderls, Berlin, 1913,

186.

ILLUMINATED HAGGADAHS
in

VISHNITZER

195

that bright picture.

But then we have

to recollect

that only some 60 years after Rabbi Arragel completed


his

marvellous work the Jews were altogether expelled


in

from Spain, and that when

1422 Friar Arias de Encinas,

the guardian of the Franciscan Monastery at Toledo, ad-

dressed

him as "Raby Mose amigo" only

31 years

had
the

elapsed since the great catastrophe

the massacres of
of

Jews

all

over Spain in 1391, during which. many perished,

others

became homeless and deprived

means

of existence.

The situation of the Jews indeed was a peculiar one. They were honored and they were despised, they were
exalted and they were abased.

In this atmosphere they

had to
on

live,

to work,

in

this

atmosphere they carried


History shows even
in

scientific

and
of

artistic activities.

two periods
of

upward development
particularly

Jewish intellectual
artistic

culture in Spain.
tion

For the student of the


it is

produc-

the Jews

noticeable that the


in literary

Spanish Jews played a considerable part


closely connected with the graphic arts.

work

They wrote and


which required

translated treatises on astronomy, medicine, geology, geo-

graphy, and the occult sciences,

all

of

explanatory illustrations.
Writers like Ibn Sid, the Hazan of Toledo,

the famous astronomical tables, Judah ben Mosca,

who edited Abraham

and Samuel Levi, who translated Arabic


ings,
all

astrological writ-

Judah Cresques, who compiled the Catalan Map, of them were connected with calligraphists and il-

luminators,
lustrated

who

copied their writings, decorated and

il-

them, even

as Moses Arragel was necessarily

connected with the artists of Toledo


work.
*

who

illuminated his
to

However, as Arragel's Bible was to be devoted


Les Bibles Castillanes,
p. 522.

S. Berger,

196

THE JEWISH QUARTERLY REVIEW

the use of Catholics, he seems to have had scruples and


5

hesitated

to supervise

the illustration.

He

pointed to

the interdiction of images according to the Decalogue.

But the Friar Arias de Encinas who was


to the illuminators a beautiully

to collaborate

with the Rabbi obviated the difficulty by offering to lend


illuminated manuscript

belonging to the Cathedral of Toledo as a model.

The Catalan Map compiled


,

in

1375 by Judah Cresques,


artistic

a Jew of the

Isle of

Majorca, was an

work

of lavish

splendor and cultivated taste, painted in bright, resonant


colors, embellished

with gold and

silver,

ornamented with

elaborate pen-work in various inks, with allegorical figures,

symbolical signs, armorial bearings, and architectural accessories.


ters,

The

writing was executed in beautiful characinitials.

with illuminated

The astronomical

tables,

the Signs of the Zodiac, the four seasons, appealed strongly


to the imagination of the illuminator

who

treated the geo-

graphical

map

as wonderful fairy-tales.

Another

scientific

work, the treatise on precious stones,

the "Lapidario"

of 1279,'

was adorned with hunting

scenes,

with chimeric beasts, with ships and castles, with masks,


musical instruments, arabesques, acanthus, and other scroll

ornaments.

It is

a very significant fact that in the 13th


arts

and 14th century the graphic


exclusively to religion; as

weie no longer confined

may

be ascertained from even been


secularized.

the
a 8

few quoted
S. Berger, op.
<-//..

examples,
p.

they had
la

523.

No.

11''.

Catalogue des A/ .VS. espagnnh de


,/<.

Bibliothtque Natioanle, reproduced


1897,
pi.

in A.
tices el

K. Nordenskjold, Periplus, Engl. Edition, Stockholm,


exlroiti

XI-XIY; No-

MSS.

de la Bibliothique du rot
Paris, 1843,

et

autres bihliothiques, publies par

l'lnstitut

Royal de France, T. XIV.


with
..i
i.

fac-similes lithographiques

lation of the
conserves a la
7

2. partic, Buchon et Tastu, p. L-152. Catalan text of the map and a French transVery good reprodui tions in Choix des Documents Geographiques

tin-

and Madrid,

\ pi. 1X-XX. heliographic plates. V. Published by Don A. Sella odice ordinal. Lapidario del AVv /'. Alfom Don II. Rodriganez y Sagas ta, with Con J. Fernandez Montana,
Bibliothique Nolionott
(

ixsi.

ILLUMINATED HAGGADAHS

VTSHNITZEK
spread
use.

197

Book
of

illumination
of literary

began

now

to

through

the

medium
it

works of general

In consequence
(

the Jews accepted more willingly features of

Christian

illumination. They borrowed them more light-heartedly

from secular books.


origin of this

That we are aware


illustration does not

of the religious
all

book
it

prove at

that

they noticed

as well.

They very

likely did not.


all

Jewish illuminated books are to be found in


collections of Europe.

the great

The

British

Museum,
in

the Mocatta

Library, the Jews' College in London, the Bibliotheque

Xationale

in Paris, in

the Asiatic

Museum

Petrograd, the

Berson

Museum
Munich

Warsaw, the Bodleian, Cambridge,

Manchester, Nuremberg, Frankfurt (on the Main), Darmstadt,


of
libraries etc., private collections like that

Mr. Elkan N. Adler, Dr. Gaster, D. Guenzburg, M.

Kirschstein, D. Sassoon,

and many others possess precious

specimens of Jewish illumination and penmanship.


these illuminated

Among

MSS.

are to be found Bible codices,


theological, philo-

prayer books
sophical,

(mahzorim and siddurim),


treatises,
rolls,

and medical
certificates,

law books, ketubot or

marriage

Purim

Haggadahs, and various

other documents.

As an

illustrated

book the Book


for the

of the Passover Service

occupies a prominent place

among them.

The Haggadah
for

was not intended


the

Synagogue Service; written

laymen, for the use of the family and especially for children,

Haggadah was the most popular book.


realize

In Christian

book illumination we

a similar development.

The
field

Books

of Hours, the Psalters,


for

the Breviaries, since they


in fact

were copied

laymen, presented

a far larger

for the fancy of the miniaturist for

than the MSS. strictly


In the present state of

the service in the Church.

198

THE JEWISH QUARTERLY REVIEW


the illumination of

investigation of

premature to try to
place.

We may

feel

Hebrew MSS. it is assign to the Haggadah a definite inclined to represent the Book deof devotional writings.

voted to the Passover Service as something very exceptional

compared with other kinds

But

putting aside the Bible Scrolls, which were never illuminated,

we

find that various

Hebrew MSS., and among them


illustrated

also Bible Codices,

have been ornamented and


11639, Or. 54.b in
in

as well.

The MSS. Add.

the

British

Museum

(examples of illustration

Margoliouth, Hebrew

and Samaritan MSS. in and X), written


encyclopedia
in

the British

Museum,
to
its

III, pi.
is

IX
an

1278,

of French

provenience,

not only with regard

contents

it

includes the Pentateuch, the

Targum,

rules for the Seder,

the marriage ceremony, poetical pieces, and so on


particularly as an illustrated book.
It is true,

but
to be

however,
is

that in Bibles of Spanish origin more reserve


noticed.

In the incomparable Kennicott Old Testament

(Boldeian, 2322), copied and illuminated in 1476 in

La

Corona by Joseph ibn Hayyim, there are only a few


illustrations,

the whole illumination being of a merely

ornamental character.

The
rative,

text of the

Haggadah presents a continuous


and
It is

nar-

which

is

plain

clear,

being thus adapted to the

mind

of the child.

an educational book and that


its

accounts for the character of

illustrations.

The

text of

the Passover Service as constituted in the thirteenth cen-

tury consists primarily of an exposition of

some verses from

the 5th book of the Torah, beginning with:

"A

wandering

Aramean was my

father,
in

and

Ik-

went down into Egypt, and

sojourned there, few

number, and he became there a


and Xth

Dr.

M. Gaster, " Hebrew


in

century",

Illuminated MSS. of the Bible of the IXth Proceedings of the Society of Hiblu<il Archaeology, l'HK), p. 226.

ILLUMINATED HAGGADAHS
nation, great, mighty,

VISHNITZER

199

and populous." There were added


on the Paschal symbols by
Psalms."
several
built

to these verses a refletion

Rabban Gamaliel and the Haggadah is thus


Israelites into

The

subject of

up upon two

fundamental

facts of the ancient Jewish history:

the migration of the

Egypt and the Exodus.


handled these events

The
in

"stuff" of

the narration had to be grouped round these chief events.

The

illustrator

their

historical

developments.

For the sake of clearness he even en-

larged the frontiers of the tale


in his

and particularly indulged

naive descriptional

way

in the retrospective direction.

In two

Haggadahs

of the British

Museum,
ovo,

in

Or.

2884

and Add. 27210, he simply begins ab


Eve.
In the

with

Adam

and

Haggadah

of Sarajevo he does not hesitate

to start with the beginning of the beginnings

the
10

Crein

ation of the World.

In the Crawford Haggadah,


it,

and

another version of
of the British
to the story of
latter

the Or. 1404 as well as

in Or.

2737
res,

Museum, we
Moses and

are introduced in medias

his divine mission.

The

three

Haggadahs mark the

transition towards a stronger

systematizing of the subject treated and a more intimate

adaptation to the Haggadah as such.


In the historical series of pictures beginning with the
of the first family there
is

life

a long

over event.
his

We

notice there

way to pass till the PassNoah enjoying the wine of

vineyard and being somewhat annoyed with the con-

sequences of his too abundant libations; we watch the


building of the fatal tower of Babel
idyllic
;

we admire

the peaceful

scene of

Abraham

entertaining the angels, and of

course

ulous Sarah.
10

we would not miss The wife


in the

the sceptical smile of the incredof

Lot was

petrified,

but Isaac

E. Baneth,

Now

Der Sederabend, Berlin 1904. Ryland Library, Manchester.

200

THE JEWISH QUARTERLY REVIEW

has just escaped his horrible fate.

He

will

afterwards have

much trouble on account of And then there will be plenty

his

camouflaged son Jacob.

of dreams,

dreams

of anxiety

and dreams giving expression to the desire of fulfilment,


Jacob beholding the ladder leading direct
Joseph
with
his

to

heaven,
his

ambitious

visions,

Pharaoh with
last

nightmares.
soil of

Now we

have reached at

the genuine

the Haggadah.

Pharaoh

will

be a constant witness

of the further rather turbulent events.

He

will

have to

be pleased with the ward of his eccentric daughter, the

wonder

child Moses,

and he

will

have to engage
the

in tedious

pourparlers
foster-child

with

those

revolutionaries,

ungrateful
will like

and

his

verbose brother, Aaron.

Pharaoh

make promises
him he
will

like a

diplomat of the old school, and

not keep them; pressure will be exercised and


again be given;

promises
will

will

new

intrigues

and plagues
dancing
picture,

follow, and, finally,

Pharaoh

will

have to give way.

The Jewish people

are leaving Egypt;

Miriam

is

and singing with her companions.

The Miriam

the scene of glory, completes the graphic narration.


In this rather schematical exposition the various versions
of pictorial interpretation could not be considered, each

one requiring a separate study.


in

We

have not mentioned

the series of pictures those devoted to the liturgy of


In the treatment of these scenes there are to

Passover.

be

found

many

divergencies

in

the various Haggadahs.

The Sarajevo Haggadah, one known to us, shows only a few pictures of a liturgical There we have on Fol. 33" the distribution character. of Mazzoth treated in the same monumental style as the
for instance, the oldest illustrated

whole
ii

historical series,
Ha
o,

on Fol. 26"a text illustration reppi.

Die

33.

I'

lb. \: IS.

ILLUMINATED HAGGADAHSVISHNITZER
resenting

201

already

the

characteristic

ornamented
27'
2

shield

with

the

saying "This Mazzah",

on Fol.

another

text illustration with


3

two

figures carrying the bitter herbs,


illus-

and on

Fol. 3l' the

Seder as an unconventional text

tration again.

In Or. 2723

we have

after the

Miriam picture 10 scenes

dealing with the Seder and the preparation of the Service.

They form

a continuation of the historical scenes and are

treated, like the latter, as full page miniatures.

One

of

these liturgical scenes

may

be seen

in

"Die Haggadah von


Miriam picture
is

Sarajevo",

pi.

V.

In Add. 27210 the

grouped with three "preparation" scenes on one page, in Or. 2884 where the set of pictures shows striking similarity,

from the iconographic point of view, with Add. 27210, there is only a slight divergency in the grouping of the pictures; thus the Miriam picture is on one page
together with the Exodus
(fol.

16b); the distribution of

Mazzoth

is

as in

cleaning of the house


ever, in Or.

Add. 27210 on the upper part and the below (fol. 17a). There are, how-

2884 two more pictures: "The Synagogue"


in

and the "Seder" (reproduced


rajevo",
pi.

"Die Haggadah von Sa-

VI).

In Or. 1404 (and in the similar Crawford


liturgical

Haggadah) the
one page
(fol.

scenes are grouped together on

17b), the upper part of the page includes

a miniature representing the preparation of the lamb, and

below there are two Seder scenes each with one couple

Another Seder
8).

is

represented on a border illumination


there are

(fol.

In the

Haggadah Add. 14761


all
all.

more

liturgical

scenes than in
historical

the other Haggadahs, and there are no

miniatures at
of the British

We

notice in

the Spanish

Haggadahs
in

Museum

on the whole a develop-

lb. p. 3.

202

THE JEWISH QUARTERLY REVIEW


liturgical subjects in

ment of the
Haggadah
jects; at

comparison with the

earlier

of Sarajevo.

This development does not, howdegeneration of the historical subof the 13th

ever, always

mean
is

the

any rate during the period

and 14th

century there

no evidence of a supplanting of historical

miniatures, and the absence of historical illustrations in

Add. 14761

may

be as well attributed to a

loss of

the
in

set,

the more so as in the similar

Haggadah designated

"Die

Haggadah von Sarajevo"


to the Library of Prof.
also treated.

as the second of those belonging


historical subjects are

Kaufmann,

The treatment

of the liturgical scenes

shows a great
rite

intimacy of the painter with the Passover

and the

customs of the Jews.


house
is

In detailed pictures

we

see

how

the

being cleaned, swept, and washed.

We

watch the

subsequent manipulations of the baking of the Mazzoth

and the roasting

of the

lamb on the high-roofed


with

fire-place.

The
with

table

is

laid

with a beautiful white cloth interwoven

blue
is

arabesques, sometimes

hexagrams; the

maid

carrying on her head a basket with the Paschal


is

dishes; the family


his

seated round the table, the father in

armchair at the head of the table, the mother and the

children on the longer side, facing the spectator,

and a
his

guest at the other end, opposite the father, seated like the
host comfortably in an armchair.
of wine,

Everybody has
in

cup

and the largest cup, a huge one


is

the middle of
In the
(fol.

the table,

the cup for the prophet Elijah.


in

Hag19b)

gadah Add. 14761


every
table,

one of the Seder scenes


is

member
a

of the family

resting his elbow on the


in

reminder of
position,
at

the ancient custom of eating


a

recumbent
to this

custom
In

which the Jews observe


Or. 2884 in the scene re-

day

the Seder.

ILLUMINATED HAGGADAHS
produced
child
left
is

VISHNITZER
pi.

203
VI.
the

in

"Die Haggadah von Sarajevo",

2,

putting questions to the father pointing with his


to a

hand

copy of the Haggadah on the table and

raising his right

hand as children usually do at

school.

The guest
her son.

is

also discussing

some points with a member


listening to the recital of

of the family.

The mother is The room in which

the Seder

is

performed

is

mostly vaulted and sometimes magnificently draped with


curtains; in the Sarajevo

Haggadah

it

is

still

plain,

and

the whole scene

is

treated in a free way, as a realistic


life.

picture taken directly from

In the other Haggadahs,


is

with the growing importance of the Liturgy, the desire

manifested to give an adequate expression of the dignity

and solemnity of the Seder performance.

The

illuminator

who worked

at the

Haggadah Add. 14761 achieved the


Seder scenes which represent

most marvellous
28

effects in his

the different stages of the Passover Service.


scenes
(fol.

One
in

of these

b.)

he enclosed most beautifully

a framing

consisting of variegated shafts, pomegranates, arabesques

and heraldic devices,


lions,

rosettes, buds,

and acanthus

leaves,

dogs,

peacocks, and chimeric beasts, and musical


is

instruments. At the top of the miniature there

a compartafflic-

ment reserved
below.

for the saying:

"This

is

the bread of

tion", which saying has been interpreted in the picture

On

another

folio

enclosing the Seder scene

(fol.

17b.)

there are amoretti, butterflies, a hunting scene,

and so

on.

The
by

liturgical part of the

Haggadah

is

often completed

portraits of

famous teachers, who have commented on,


rite,

or developed during the ages, the Passover

men

like

R. Eliezer, R. Joshua, R. Eleazar ben Azariah, R. Akiba,

and R. Tarfon. R. Akiba and Rabban Gamaliel are the

most familiar heroes

of the

Haggadah

illustration.

204

THE JEWISH QUARTERLY REVIEW


illumifol-

These portraits are generally treated as border


nations.

Many
text, so

other

liturgical

pictures

faithfully

low the

that in Add. 14671 almost every page

includes an illustration, which either precedes the text as

an upper border or covers the fore-edge or the lower margins.

In addition there

is

frequently an illustration in a
in

square framing interrupting the text somewhere

the

middle of the page.


in the

This sort of composition

extremely

fine

miniatures of the "Second"

we find also Kaufmann

Haggadah, which shows many other common features with


Add. 14671 of the British Museum, a fact not noticed by
the authors of "Die
fact

Haggadah von Sarajevo".


is

Another

ignored by them
of the

the striking similarity, almost


of

identity,

Crawford Haggadah and the Or. 1404

the British

Museum,

a fact already referred to in Mr.

Margoliouth's Catalogue.
ler, J.

The

publication of H. Muelis

Schlosser,

and D. Kaufmann

not exhaustive with

regard to the Haggadahs of the British

Museum.

Mueller

and Schlosser did not know them from personal observation, but were

bound

to

form their opinion from a few

photographs of these MSS.


in assigning the

That may explain

their error

Haggadah

Or. 1404 to the first half of the

15th century

whereas they date the Crawford Haggadah


In

at the end of the 13th century".


is

my

opinion Or. 1404

a more or

less faithful

copy of the Crawford Haggadah

made
found

rather early in the 14th century.


in
it

The date

of sale

(1402) speaks against Mueller and Schlosser's

conjecture.

The

elaborate, dark shadowing of the faces,


in

which we find sometimes also

Flemish paintings of the

Renaissance, and the grey beards must have been added


14

The corresponding
lata

leaf

of
1

the Crawford
1.

Haggadah

is

reproduced in "Die

von Sarajevo", plate

">

Die IlnKQdilah row Sarajevo, pp. 95-111.

ILLUMINATED BAGGADAHS

VISHNITZER
for

205

much

later

that

may

account

the

thickness

of

the paints in these particular places.

On

the whole the


to

Crawford Haggadah and Or. 1404 belong


type of Haggadahs.

the

early
is

characteristic pointing to this


in

the meander and the folded tape motives


of the miniatures,

the framings

which generally begin

to disappear at
in

the end of 13th century'".


of the

We
"A

have them also

the

MS.
of

Mocatta Library
of

including, besides Canticles, the


lesson
for

book

Ruth

etc.,

also
is

the
it

first

day

Passover".
of

This MS.

remarkable, for

shows motives
in

ornamentation which occur as early as


in

the 9th and

10th century
sesses

Hebrew

Bibles, of

which Dr. Gaster pos-

some specimens, reproduced

nated Bibles of the IXth and

in his "Hebrew IllumiXth Century", 1900. These

motives are small gilded rosettes and concentrical


of bright coloring.

circles

They

are a feature of Oriental illumi-

nation as well as the motive in the shape of a cucumber

(Gurkenmotiv) which

we

also

have

in

the elaborate

interlacings

formed with
the

minuscular
It
is

writings

on

the

margins
in

of

Mocatta MS.

very

likely

that

the

Mocatta MS. which


earlier

has

no

illuminations

we

have even an
Sarajevo.

specimen than the Haggadah of

Some anachronism may be found also in the Haggadah Or. 2737, where we see the wave motive with acanthus
leaves treated in the plain geometrical way, a feature of

Moorish ornamentation, and architectural facades with


horse-shoe arches and colored
tiles in

bright yellows, reds,

and greens.
in

Similar architectural compositions executed


of coloring are to be found in the

the
18

same scheme

The type
cit., p.

of the faces of the grotesques in the


is

to have been retouched,

Haggadah text, which seem not very similar to that of the chimeric beasts in the "Lapid-

ario", op.

68.

206

THE JEWISH QUARTERLY REVIEW


in the

"Codice Albeldense o Vigilano" preserved


1

Library

of the Escorial (10th century

').

The

full

page illustrations are enclosed

in

Moorish arcaour ketubot,

tures, a

motive which was repeated

later in

particularly in those of Oriental origin.

In our

Haggadah

Or. 2723 which with regard to the Gothic character of the


figures

cannot be of
it

earlier date

than the 13th century


18

(Schlosser assigns

even to the beginning of the 14th

the architectural framing of the miniatures


of earlier specimens going

may

be a copy

back to the 10th century.


These are Or. 2884 and Add.

Now we
some very
27210.

have to deal with two Haggadahs which present


interesting points.

Schlosser places the former in the 14th century


latter at the beginning of the 14th'
.

and the

quite agree

with him with regard to Add. 27210, and would like only
to

add some information on


compare
it

this

Haggadah.

It

may

be

instructive to
British

with another Hebrew MS. of the


(Or. 54 b) already
(it

Museum, Add. 11639

mentioned,

which has the advantage to be dated


opening with the year 1278).
is

includes a calendar

The

style of the miniature

the same

it

is

the style of French Gothic


in

with

the
is

only difference that


little

Add. 27210 the architecture


figures
is

more advanced, and that the

have that exwhich are only


is

aggerated bending attitude which


later Gothic.

a characteristic of

The treatment

of the faces

drawn with a pen with a

bit of pink

on the cheeks

very

much
in

the same in both

MSS.
11639,
in

It

should be mentioned

addition that in Add.

fol.

333

b, there

is

an
1

escutcheon with an eagle


>

gold on a blue background;

fol.

Reproduced in Museo Espagnol J<- Antiguedades, vol. Ill, opp. p. 500. Die Haggadah von Sarajevo, pp. 95-111. > Another eagle of the bul on a red background is to be found on '17 t), reproduced in Margollouth, Hebrew and Samaritan MSS. in the British
7

11

Museum,

vail.

III.

ILLUMINATED BAGGADAHS
the

VISHNITZER
shields of the

207

same may be distinguished on the


Add. 27210,
is

Egyp-

tians in

fol.

14 b.
in

There

no doubt that the miniatures

the

Haggadah
it
is

Add. 27210 are of the French Gothic

style,

and

only

surprising to notice that the illustrations in the


Or. 2884, though they are very similar to

Haggadah

them from the

iconographic point of view, that

is

with regard to the

handling of the subjects, are quite different with regard


to style.

There we have that admixture

of

Moorish and

Gothic features which points rather to Spain, but at any rate


not to France.
considerable
is

The difference of technique and style is so that we cannot speak of direct influence; there

nevertheless an incontestable relationship between the


;

two MSS. they may have been derived from the same source, but had undergone very different influences; one became
a rather conventional but techniaclly irreproachable French

"Bible historiee", the other a more provincial, sponta-

neous and personal, technically

inferior,

but invaluable

attempt at Jewish

illustration.

The dating

of the

Haggadah Add. 14761 we have


have alluded above
in

re-

served to the end;


of our Haggadahs.

it is

chronologically perhaps the latest

We
and

connection

with the contents of


historical

its

illumination to the advance of

pictures
is

the

lavishness

of

decoration.
to his rather

Schlosser
20

right in adding a question

mark

doubtful date.

He

speaks of the beginning of the 14th


in

century
a

Very fortunately we have


of Rashi
in
21

the Bodleian Library

Commentary

on the Pentateuch, written by


.

Meir ben Samuel

1396

This

MS.,

executed

in

square Spanish writing, exhibits

much
to
its

affinity

with our

Haggadah Add. 14761 with regard


*>

decoration.

There

Die Haggadah von Sarajevo, pp. 95-111. 187. Can. Or. 81.

208

THE JEWISH QUARTERLY REVIEW


the same peculiar ornament of scrolls and heavy

we have

broad leaves, gold dots,

acorns or buds,

the

graceful

flamings, griffins, with their fine long legs.

Even the small

square framings with semi-circular segments on the sides


occur in both
is

MSS.

On page

96 of the dated MS. there

to

be found a composition which recalls the

mar-

vellous leaves of the

gorgeous ornamentation.

Haggadah Add. 14761 with their In both MSS. the marginal


There
is

decoration takes an unusual width.

only one

Haggadah which,
gadah.

as

mentioned above, shows similarity


is

with Add. 14761, that

the

"Second" Kaufmann Hagof the British

Now we may

group the dated MS. of the Bod-

leian Library (of 1396), the

Haggadah

Mu-

seum, Add. 14761, and Kaufmann's Haggadah together.


In the

"Second" Kaufmann Haggadah we have


pi.

(repro-

duced on

XXXIII and XXXIV


" the

in

"Die Haggadah

von Sarajevo)

same

scrolls

with trifolium leaves, some

round, others pointed, and the broad, heavy leaves as on


fol.

51 in

Add. 14761.

Great similarity
(pi.

is

shown
in

in fol.

71, in

Kaufmann's Haggadah

XXXIY
in

"Die HagIn

gadah von Sarajevo") with


both we see a
of wine.

fol.

64 b

Add. 14761.

man

sitting

and raising

his

arm with a cup

The same
In

initial

word

is

on the head of the

miniature.

Kaufmann's specimen there are two other


which are missing
in
in

figures in addition, small boys,

Add.
66
b,

14761.

In the

Exodus scene

Add. 14761,

fol.

Moses wears a high hat with a long


his

feather; this
in

is

also

head dress
(pi.

in

the scene of the Exodus


in

the

Kaufmann

Haggadah

XXXV

"Die Haggadah von Sarajevo)".

Another illumination of the Kaufmann Haggadah


arabesque
cornerin

an

the middle of the folio and four figures in the

Mowing

long trumpets

(pi.

XXXIII

in

"Die Hag*

ILLUMINATED HAGGADAHS
gadah von Sarajevo")
miniature on
fol.

VISHNITZEB
(pi.

209

shows a certain similarity with the


V.
1

61 in Add. 14761

in

"Die Hag-

gadah von Sarajevo").

We

recognize also in both Hag-

gadahs the dark-faced warriors riding on cocks (in Add. 14761 one of them is riding on a lion). The description
of
in
fol.

78 of the

Kaufmann Haggadah,
picture on
initial
fol.

as given on p. 197

"Die Haggadah von Sarajevo", corresponds


to
is

perfectly

also

the Seder

19 b in Add.
in

14761

There

even the same

word

both pictures.
features of comin

There are on the whole many


position,

common

design, and

initial

illumination

these
is,

MSS.

striking characteristic of both

Haggadahs

in spite of

the Gothic architecture, the scarcity of Gothic ornamentaThe broad, heavy leaves have nothing in common tion.

with pointed, sharp, hard leaves used in Gothic decoration. Those gorgeous smooth leaves begin to appear in the 14th

century

in

Italy

and

later

on

in

other countries as well.

The

influence of French Gothic never

was very strong

in

Italian

ornamentation, nor was

it

ever very accentuated

in Spain,

where Moorish and Italian elements counteracted French ideas of decoration. Italian influences may have obtained a stronger hold in Spain since the Spanish dynasty

was connected with Naples and Sicily (James II, 1327was king of 36, succeeded to Sicily; Alphons V, 1416-58,
Naples and
Sicily;

Ferdinand

II,

1474-1516, united the


It

Spanish crown with Naples and

Sicily).

should not be

appear a matter of surprise to see the Italian decoration of the 14th century. in Spain beginning with the middle

There

is

one feature

in

the

Haggadah Add. 14761 which


party-colored
dresses
of

points at least to

134(f the

the merry musicians on the marvellous apotheosis of


22

Maz-

J.

Robinson Planche,

Cyclopaedia of Costume, 1S79,

II, p.

85.

210
zoth
(fol.

THE JEWISH QUARTERLY REVIEW


61,

reproduced on
In the

von Sarajevo").
tumes

pi. V. 1. in "Die Haggadah Kaufmann Haggadah the cos-

also betray the trecento, the sleeves

have become

wider, the dresses

more ample.
in the

The
in

faces

and

figures,
in

though of the same type as those


Sarajevo Haggadah, and

Add. 14761,

the

"Second" Kaufmann Hagless

gadah, are more expressive, the movements


tional, the

conven-

nude

is

of a better design

(compare the maids


in the different

of the

Daughter

of

Pharaoh as represented
is

Haggadahs).
time
in

There

to

be noticed

also,

for

the

first

our study, an attempt at perspective drawing


Besides the armchairs with
all

in

Kaufmann's Haggadah.
scrolls,

little

which are a familiar feature of

the three Hag-

gadahs, there occurs a chair designed not as usual en face or

en

profile,

but already with an attempt at foreshortening, en


(pi.

trois

quarts

XXXI Y in

"Die Haggadah von Sarajevo ").


between the

Is there

any

direct relationship to be seen

Kaufmann Haggadah and Besides the many features


which are even perfectly
ornamentation
in

that of the British

Museum?
some
of

of similarity, there are


identical,
as, for

example, the
It
is

the framing of the pictures.

course impossible to say anything on the coloring of the


illumination of the

the original, but the few words of

Kaufmann Haggadah without seeing M. Mueller on the


on "the variety of

"coloristic gift" of the illuminator,

shades, held together with the deep purple of the back-

grounds", suggest precisely the color scheme of the Hag-

23

gadah of the British


also of the-

Museum of
of 1396.
that
in

our Add. 14761, and

Bodleian MS.
thinks

M. Mueller Haggadah was


2>

thai

"Second"
perhaps

Kaufmann
in

illuminated
p.

Italy,

Genoa,

Die IlaggaJah von Sarajevo,

188.

ILLUMINATED HAGGADAHS

VISHNITZER
He
it

211
points

on the frontier of French and Italian influences.


Visconti, illuminated in 1395"*, which, although

to the Messale detto dell' incoronazione di G. Galeazzo


exhibits

many common
heavy leaves
finity

features of style (particularly the broad,

of the ornamentation),

shows no
It

closer af-

with the

noticed that the

Kaufmann Haggadah. Kaufmann Hagadah is


in

should also be

written in square
14761.

Spanish characters, identical with those of Add.


In addition

we have
pi.

reproduced on

Kaufmann Haggadah (fol. 66, XXXIII in "Die Haggadah von Sarathe

jevo") the escutcheon of a red castle on a gold background

and (on

fol.

84.) the

Aragonian red and gold

stripes.

The

castle belongs, however, to the armorial bearings of Castile.

Castile

and Aragon were united

in 1479,

but the heraldic


in

devices of both kingdoms often occur simultaneously


the

same books

at an earlier date, for instance, in the


el

Cantigas de Santa Maria de D. Alfonso


illustrations of

Sabio", in the
Castile

which MS. the king

of united

and

Leon appears with "castles and lions" on his escutcheons and the king of Aragon with his red and gold stripes. Shields with vertical stripes occur also in the Haggadah
Add. 14761, although they are
in

gold and blue.

The
fortu-

Haggadah
and
in

of Sarajevo also contains the

Aragonian stripes
I

addition a wing (red on gold), which


find (there in gold

was

nate enough to

on red, with a hand


II
26

carrying a sword) on the armorial bearings of Enrique


of Castile

and Leon,
been used

in the
in

14th century.

The

gold wing

may have
There
s

Spanish heraldry earlier of course.


is

is

another heraldic sign which


in

a constant feature
sacri
della

Reproduced
pi.

Luca Beltrami,

L'arte

negli

arredi

Lombardia,

Milano, 1897,

VIII.

"
2f

Las

Public, la R.

Academia Espanola, Madrid, 1885,

p. 8.

Museo Espanol de Anliguedades, Don Jose Maria Escudero de "Signos Rodados de los Reyes de Castilla", vol. VI. p. 247.

la

Pena,

212
in

THE JEWISH QUARTERLY REVIEW


Jewish
illumination

the

fleur-de-lys.

The French

lilies

occur very early in Spain and in other countries, so

that their presence in a


fix
its

MS. does not


of

help very
II,

origin.
is

The sponsor

Enrique

much to Dona Juana

Manuel,
in

represented on a round seal with a fleur-de-lys

her right hand.

Don

Jose Fernandez Montana" points

in addition to the great

importance of the family Lison


lilies

in in

Spain (which carried, as the name suggests, the


their escutcheons) since 1380.

R. Todros ha-Levi, a

Jew from Toledo,

carried a fleurin the British

de-lys on his seal in the 14th century

(now

The Moorish crescent and the star are also a feature of Hebrew illumination; we find them already in the Mocatta MS. combined there with the hexagram, The hegxaram is met or the two superimposed triangles \
Museum).
with
in

ancient times on Jewish tombs and Synagogues


it

We

find

also in

stance, on the

Mohammedan sepulchral art, as, for inTomb of the Great Mahmud (A. D. 997In the Middle Ages the

1030) in the plain of Ghazni.

hexagram
and
is

is

already a feature of Moorish ornamentation


in
is

found also
it

Christian art.

In the famous Arundel

Psalter of 1380

used as a

filling-in for

two

initials in

white on blue background.

It

appears there also once


In our

combined with the

fleur-de-lys.
call it

Haggadahs the

hexagram

or should we
It is

the

Magen David?
in in
it

is

very

often represented.

interwoven

the table cloth in the Mocatta MS.,


is

the

Haggadah Add
in

14761,

we have

and

the

Haggadah Add. 27210


'I'-

there
'

a
J"
.

hexagram
in

in

n "Codice Hebreo
tit

la

Biblia en el

Monasterio

Mttseo Espanol

compiled by J. Jacobs and Lucien Wolf, London. 1888, ill. opp. p Alfred Grotte,"Die Bedeutung der GalilaischenSynagogenausgrabungen Judenfuel die Wissenachaft", in Monatsschrift fuer Geschichte und Wissenschafi
</<.>

Intiguedades, vol. VIII, p. 85. In \lo- Jewish Historical Exhibition, iss7 ( dialogue oj the

tums, 1921,

LXV,

i>i>.

16 31.

ILLUMINATED HAGGADAHS
gold with blue green
fillings.

VISHNITZER
of the

213

The motive

hexagram
it

has been used for

many

elaborate patterns, sometimes

was combined with

scrolls, or inscribed in

a circle and in
etc.

a square or encircled with segments of a circle

Arab-

esques of various other designs generally occur on the same

pages in the Haggadahs with the hexagrams, so that


difficult

it is

to say whether the illuminator assigned to the

hexagram a particular meaning.


imposed squares appears,
on the Mazzoth
in

The arabesque

of super-

for example,

mostly as a pattern

the scene of the preparation of the

Mazzoth and
this

in the

Seder scene.

It

seems that, owing to

custom of embellishing the Mazzoth with geometrical


the arabesque had an emotional significance,
. .

patterns,

" in and that explains why the saying "This Mazzah. the Haggadah is very often interpreted with a beautiful

arabesque of intricate design and bright coloring, glowing


with scarlet, gold, green, and blue.

The hexagram was an


on magic,
in

occult sign, occurring in writings

the Cabala, and even in modern times in

theosophic literature.

The hexagram belonged


It

to the

comand

mon

symbolic language.

may

be that the Portuguese


it,

Jews played a particular


in the first place

role in the spreading of

among

their brethern all over Europe.

Through the Spanish emigres the hexagram may have been


introduced to the Jews of Eastern Europe; so

we

find a

hexagram on a Jewish
ship, in 1544 (the
seal of a

seal in

Shavorka, a Ukrainian town-

Moorish crescent and the star on the


Medjibodj
its

Jew
in

in

in

Podolia from 1543 must


Spain), then in 1627 on a

have similarly made


Jewish seal

way from
in

Prague and

Kremsier (Moravia).

The

hexagram, after having been an individual mark, became


the sign of the whole community.

Later on

we

see

it

in

214

THE JEWISH QUARTERLY REVIEW


3
.

Dresden, Kriegshaber, Beuthen, and so on


tern of Oriental origin

Another patSpanish Hag-

we meet with

in the

gadahs

is

a shield, sometimes in the shape of the cucumber

(Persian

motive)

filled

with flourishes, which later on

acquire a Gothic outline.

The

regular appearance of this


it

motive should be mentioned as


significance,

may have had some


in the

and

it

points in any case to Oriental influences

which very strongly affected Hebrew illumination

Middle Ages.

The
more we

more we
feel

examine

blazons, geographical

maps,
the

astrological writings,

and other secular MSS.

in Spain,

convinced that there has been a close relation

between these productions and the Jewish illuminated

MSS.
found

Most

of the features

we have examined

are to be
in

in those

documents

too.

We

have there stars

the shapes of the hexagram in the "Lapidario", the book

on precious stones compiled with the help of


scholars,

Jewish
stars

we have

the fleur-de-lys, the heraldic lion,

and

stripes,

the crescent and the hexagram on the famous

map, compiled by Judah Cresques, the Jew. The crescent and also the hexagram are drawn there on the flags of
Turkish provinces.

The Catalan map

gives

plenty of

motives for the Haggadah; there are camels, goats, even


the dapple-gray horses of the
to be found there

and the bundle

Haggadah Add. 14761 are of rods in the hand of the


striking

camel driver on the


of rods with

map

looks exactly like the bundle


is

which the Egyptian task-master

Hebrew

slaves in the

Haggadah.

Christian

iconography has of course also excercised a

considerable influence on the


wife of
*>

Haggadah

illumination.

The

Moses going with the children


in

to join her father

See

the Jewish Encyclopedia, in Russian, "Seals" vol. XII, reproduced on

columns 489 492

ILLUMINATED HAGGADAHS
looks very

VISHNITZEK
into

215

much

like

Mary on

her flight

Egypt,

Miriam and her dancing companions remind us of the virgins of the Zodiac in Christian MSS., the architectural
framing of the Seder scenes
is

composed quite

similarly

to the arcatures enclosing the scene of the last Supper.

is

But these are only superficial features of similarity; there no real affinity between the Haggadahs and Christian re-

ligious illumination.

The Jewish family


is

participating in
in

the Passover service

very strongly characterized


rite

the

attitude of the performers of the

the father, the


may happen

child,

and the guest; and also


the copies of the

in

the attributes of the performance:


table, the cushion

Haggadah on the
is

on

which the father

resting, etc.

It

to the

thoughtless illuminator that in copying a divine figure

from a model book, he reproduces also the halo round


head, but these are rare exceptions
(once in the

its

Haggadah

Add. 27210 where the miniatures exhibit a very strong French influence, and in Kaufmann's "Second" Hagadah,
pi.

103,

mentioned

in

"Die Haggadah von Sarajevo",

p.

198).

The Hebrew
All the

writing of the Spanish


is

MSS.

of the 13th

and 14th century

exceedingly plain, bold, and legible.


in those
31
.

Haggadahs we have examined are written

square "Spanish" characters


in black ink, the initial

The

lettering

is

executed

words are generally of burnished

gold or silver, outlined with red ink.

The

writing

is

of a

considerable size and rather massive in execution.


easily distinguish
it

We

can

from the Hebrew Franco-German hand-

writing,

which

is

of a

more

flexible articulation

and un-

dulating outline.

The Hispano-Hebrew

writing being more


Jews' College (London) the writing of the Hag-

3i I am very much indebted to Dr. H. Hirschfeld of the who kindly helped me in verifying the calligraphic features of

gadahs

in question.


216

THE JEWISH QUARTERLY REVIEW


It is particularly-

rude shows more character and strength.


well adapted to the rather

heavy and

rich ornamentation,
of

which never attempts to achieve the slender elegance


Northern Gothic.

The Hebrew alphabet ignores in general the capitals we know only of a few instances of initial ornamentation Generally we have to as used in Christian illumination. understand by initial illumination in Hebrew MSS. the
illumination of whole words and sayings.
of illuminating

This custom

had been preserved

later

on

in printed

books

and, as
of

it

would have been extravagant to make woodcuts


for

whole sayings and headings

every occasion, the Jews

used to put together ornamented single initials so that the


effect

was very
32
.

similar

to

that of

hand-written

initial

words
initial

Characteristic specimens of the illumination of

words

may

be found

in

"Die Haggadah von Sara-

jevo", plate IV. 2 (reproduced from the

Haggadah Add.

27210) and in G. Margoliouth, Catalogue of the Hebrew and

Samaritan MSS. in

the British

Museum,
19.944.).

1905, vol. II, plate

VIII (reproduced from Add.

The former

is

an

example

of medieval illumination, in the latter the framing

of the initial

word has already taken on the


this later period are to

less intricate

form announcing the transition to the Renaissance.


examples of
be found
in

Good Mahzor

No. 736 of the 15th century, belonging to the collection


of Dr.

M.

Gaster, in London.
illumination of our

The

initial

Haggadahs

consists in

putting the words

executed in gold, silver or bright colors


in

on a diapered background and

ornament ed framings.

The technique
and

is

gouache painting, generally very thick

viscid with profuse gilding.


Printed Haggadah,
166.
I'r.iKue,

On

the whole the color-

1526. reproduced in the Jewish Encyclopedia, vol

X.

p.

ILLUMINATED HAGGADAHS
ing of our

VISHNITZER
There
is

217
a great

Haggadahs

is

very bright.

variety of colors, a brilliant cinnabar, a deep purple yellow,


bright and dull greens, various shades of

brown and

grey,

and black.
in

The

blues are not as predominant as they are

French illumination.

The authors

of

"Die Haggadah
influences,

von Sarajevo" attribute the coloring to Spanish


but
it
is

interesting to note that in Spanish

MSS.
in

of the

13th and 14th century the coloring does not differ so very

much from

that of the French MSS., whereas

older
illu-

paintings in Spain, for example in frescoes and in the

mination of the 10th century,

we have

that particular, shall

we

say, Oriental color scheme, with a profusion of reds

and

yellows and not

much
in

of

dark blue.

It

may

be that the
till

Jewish illuminators

their conservatism

preserved

later times a predilection for this particular color scheme.

The

characteristic coloring

is

a strong feature of Hebrew

illumination in Spain, and helps as

to ascertain the provenience of the

much as MSS.

the calligraphy

Xot one
of

of our

Haggadahs

is

dated or signed.
it is

Most

them are very much worn and

no matter of surprise
possess fortunately a

that the colophons are missing.


great

We

number

of

contemporary MSS. which are dated by

the Jewish copyists,

who sometimes do

not omit to mention

that

they also illuminated the MSS.


b.

There we have
Bible codex

Joshua

Abraham Ibn Gaon who

states in his

(2323 Bodleian) that he copied and illuminated the


in

MS.
"the

1306(?) at Soria (in old Castile), having learned his

craft

from

his

tutor

Isaac,

son

of

Gershom,

for

venerable and beloved" Moses Ibn Habib. Joseph Ibn Hay-

yim represents himself

as the creator of the unparalleled


in

illumination of the Bible codex, executed

1476 at La

Corona (2322, Bodleian).

Abraham

b.

Judah Ibn

Hayyim

218

THE JEWISH QUARTERLY REVIEW


in

wrote

1252 a "Treatise on the preparation of colors and


33

gold for illuminating books".

This treatise has been

preserved

in

the

Codex

de Rossi, 945, in

Parma.

There

are to be found special hints as to

man

certainly

was

an artist himself,

Hebrew lettering. This human activities in

those days being not yet as differentiated as they are now.

He was an
preserved
illustrated

artist

and an author
who,
in

like the learned

Hayyim

b.

Israel of Toledo,
in
34

1377, copied the Bible Codex,

the Derossiana in
.

Parma, and beautifully

it

The

technical terms of illumination passed

very early into the

Hebrew language.

Thus Rashi

(11th

century) used the technical term "auripigmentum" for the

medium with which


to fix
31

the painters used to mix their colors


30

them

to the

vellum
p.

Die Haggadah von Sarajevo,


lb., p.

299

3s

260.
spells DJD'SIN, in

Rashi

Haggadah

illustree,"

Romanesque "orpiment", comp. Molse Schwab, Revue des Etudes Juives, vol. 45, p. 114.

"Une

THE DERIVATION OF "DAVEN-EN"


By
A. Mishcon, London.

Few words
which
tory
is

are so explicit in their meaning and yet so

obscure as to their origin as the Yiddish word Daven-en,


so widely used to denote the reading of the statuservices.

morning, afternoon, and evening


to

Arabic and Aramaic, English and French were each of

them suggested

have given birth to

it.

But the evidence

so far adduced seems unconvincing enough to justify yet

another attempt, which


J.

is

here made, to decide

its

derivation.

Bernstein, in his Jildische Spriichworter und Redensarten


section, p. 16), suggests

(German
for

an English

origin.

Daven,

he thinks,

may have may


is

been derived from dawn, the English

daybreak, the time from which the reading of the mornbegin.

ing service

But

his

own remark

that "the etymology of the word

is

unknown"

indeed the best proof that he regarded his

theory as no more than a conjecture

According to Dr. H. Hirschfeld (Curiosities of Jewish Literature,

London, 1913,

p. 17),

the origin

is

traceable to the
(of

Arabic Diuan, a collection or compilation

prayers).

Daven-en would therefore mean to read out of a Diwan.


It

must, however, be admitted that while the derivation

from "dawn" suggested by Bernstein would narrow down


the application of our word to the morning service only, Dr. Hirschfeld's interpretation would

make

it

far too wide.


it

More

loose

still is

the

meaning assigned

to

by the sug-

gestion that

it is

derived from the French Devoner, implying

devotion, or dedication.

220

THE JEWISH QUARTERLY REVIEW


typically talmudistic theory ascribes to our
origin.
It is said to

word an

Aramaic
kot 26b)

be p"Q*n "of our fathers,"

and to have originated from the rabbinic statement (BeraDlJpn

tuted by the Patriarchs.


derivation.

The set services were instiNor is this the only rabbinic Another suggested by Rabbi Avigdor Chaikin,
nvVsn,
'INI
it

nUN

Dayan
of

in

London, associates the word with mraV


(see also Jastrow,
s.

up
the

Shabbat 35a

v.),

and gives

meaning

of "gazing wistfully towards the east."


I

The

suggestion which

venture to

make
is,

is

that the

origin of our

word

is

to be traced to Latin rather than


in

any

of the languages

mentioned before. Daven

my

opinion,

a variant of the Latin. Divin from which

we

get our term

Divine Service.
analogies:
1.

In

support

would

cite

the following

Another Yiddish word which, according


is

to Bernstein

{op. tit.),

used by Jews
is

in

Germany

in

exactly the

same
in-

sense as Daven-en
the Latin ora
finitive
2.

Oren;

this, of course, is

formed from

praywith the addition


en.

of the

German
to

ending

The Yiddish word Benschen, which means


liturgical benediction
is

pro-

nounce a
daven-en,

and

is

so closely akin to

likewise derived from the Latin benedice (evi-

dently through the Italian) with the addition of the same


suffix en.
It

therefore seems quite feasible that, like

its

two

allies,

our word, too, has a Latin origin.

Thus,

+en = Oren. Benedice+en = Benschen. Divin +en = Daven-en.


Ora

THE ORIGIN OF THE ASHMEDAI LEGEND THE BABYLONIAN TALMUD


By Armaxd Kamixka,
Vienna.
tells

IN

A WELL-KNOWN
demons.
that

passage

in

Gittin 68a

of

King

Solomon that he ruled not only over men but

also over

He was
its

desirous of obtaining the mythical shamir,

by

aid the stones for the building of the


iron.

Temple
So he

might be cut without the employment of

ordered Ashmedai, the king of the demons, to be brought


before him.
In connection with this story

many

anecdotes

are told concerning the intellectual superiority and the

dangerous power of the demon.

Ashmedai

as pictured in the
5.

The characteristics of Talmud moved S. J. Rapoport


him a kind
of Mephistopheles

('Erek Millin,

v.)

to declare

or Solomon's evil spirit


his old

who took

possession of the king in


off discipline

age, after he

had shaken

and had
64-73)
conversa-

become steeped
has
tion

in sin.

Israel Levi

(RE J., VI 1 1,
in

established

that

certain

details

the

between

this

remarkable demon and Benaiah son of


narrative
in

Jehoiada

recall

about "the angel and the

hermit" which occurs

various versions of the Vitae Pat-

rum

(before the eighth century)


I

and

in the

Koran (XVIII,
men, which are

64-81).

might add that several witty sayings and


of

apophthegms concerning the blindness

ascribed to Ashmedai, are found, at least as far as the sense


goes, in
is

works of much greater antiquity.

Thus Ashmedai

asked:

"Why

didst thou laugh

when thou heardest

that a

man

ordered shoes for himself for seven years?"

And
to

he answers:

"This man has hardly seven days more


for

live,

and yet he orders shoes

himself for seven

222
years".

THE JEWISH QUARTERLY REVIEW


In the dialogue between

Hermes and Charon,

in

Lucian, Charon says:


I

had heard something which amused


it?"

"What was
by one
the roof
'Certainly
I

"You asked me why I laughed? me vastly". Hermes: Charon: "A man who had been invited
and even as he spoke a
killed
tile

of his friends to dinner for the next day, replied:


shall come',

from

fell

on him and

him".

The name Ashmedai, which


up
to the present time.

in the

Talmud

is

given to

the mysterious demon, has remained without explanation

from the Zendavesta.

It is true,

Kohut has attempted to derive it a demon with the name of


James Darmesteter, who
is

Aeshma does occur


tion to

there; but

quite trustworthy in this matter, has maintained in opposi-

Kohut

that compositions of this

name with

a syllable

similar to the second part of our

word never occur.

Lacking
(with

any

plausible explanation an attempt has been

made

reference to

"Shamdon"
word from

in

Midrash Genesis rabba,

ch. 36)

to derive the

1DW, but this attempt cannot be


is

taken seriously, since there

nothing

in

the nature of the


as he appears

demon endowed with supernatural power,


to us in the

Talmud,
I

to justify such an etymology.


I

However,
of the

believe

have found elsewhere the origin

name and

the nucleus of the entire legend. the third book of his history how, in

Herodotus

tells in

the absence of Cambyses, Smerdis took possession of the

throne of Persia.

The people

as a whole considered

him

as the lawful ruler on account of his likeness to the murdered

brother of the king, the son of Cyrus.


far

As Cambyses died
for seven
until

away from
in

his native land,

Smerdis remained
throne, a

months
1

possession

of

the
fj

prominent
Talmud we
a
find

Luciani Samosatensis opera, Xapoiv

KTriaxoTrovfTe^.

In the

incident besides the

one
bridegi

mentioned
n
will

and

cries;

he sees that

i V

above; soon

Ashmedai
. -

passes

wedding

1 i

THE ORIGIN OF THE ASHMEDAI LEGEND


Persian,

KAMIXKA 223

Otanes, grew suspicious that the regent

"who
Since

never quitted the citadel nor invited any of the noble Persians to his presence" 2
his

was not the son

of Cyrus.

daughter Phaedyma was one of the wives of Cambyses,


it

he sent to ask her "whether


visited her as king".
3

was the true Smerdis who

To

her answer that she had never


tell

seen Smerdis the son of Cyrus and therefore could not

whether the ruler who had also become her husband was
identical with him, he replied that she
his sleep,

might examine,

in

whether he had any

ears.

If

he has no ears then

he

is

not the royal prince but the magician Smerdis


in his life-time

(whom
what
is

Cyrus had

deprived of his ears for some


us compare with this

atrocious crime).

Now

let

told in the talmudic legend

about Ashmedai.

Through

his

supernatural power he seized possession of Solomon's throne

and sovereign authority.

When

(in

the Synedrion) they hit


rules,

on the idea to investigate whether the true ruler

they addressed a query to Benaiah son of Jehoiada, the foremost counsellor,

whether the

king allowed
the answer.

him

to

come

to

his

presence.

"No", was

There-

upon they questioned the women


king visited them. 4

of the palace

whether the
to look

upon

his legs (the

The women were then ordered legs of a demon are supposed to be


In this wise the imposture

similar
ex-

to the legs of a hen).

was

posed, and

Ashmedai was removed


in

from the throne.


un-

The
masking
2

striking similarity
of

the appearance and


it

the two usurpers makes


III, 68:

almost certain to
tcourai

me

Herodotus,

on

ouk kicaXee

otpiv

ovSkva toiv \oyiioiv

Hepaiwv.
s

irtinrwv

8ri

<Li>

6 'Oravris
t p.tTa

Trap' orea)
rev.

avOpuwuv xoifturo
1

ei

re p\tra.

"Zn'tpOios

tov Kvpov
1

tt

aXXou

tvbo -ft 'jn p nn'ja ? rrh Hon np -.ixnmbrb irb in? .nb -.irk no .rrjn33 ip"0 rin ? irbv .'np ,yx :irfr ln^P ?D"aA iGhD. The motive of ears that had been cut off has given place to that of hen's legs.

imb

224

THE JEWISH QUARTERLY REVIEW

that the Ashmedai of the talmudic legend was originally,

and

also in the version that

came down

to the amoraic

period in Gittin 68, none


of
r)

else

than (with the omission

the magician Smerdis, who, as

may
in

be seen from
all

Herodotus, exercised the imagination of the people


the Persian empire through the
possession
of

over

manner
later

which he took

the throne.

In

times the mythical

necromancer Smerdai became the king of the demons, and


in

view of

rvne?i

rrw mentioned in Eccles. 2.8 as being subin for

ject to

Solomon he was drawn


It is

the purpose of obtaining


in

the shamir.

nor surprising that


in

Tobit

(3.8),

which
pre-

assumedly had been composed

the second or

first

Christian century, hence more than three hundred years


after

the events narrated in


evil spirit.

Herodotus, Ashmedai had

become simply the

And

since here he brings


killing

misfortune on the young bride Sarah by repeatedly

her husbands, he appears also in the Testament of Solomon


as causing evil
to brides
is

and destroying conjugal


all

life,

though

this function

not at

in the spirit of the old

Ashmedai

legend.

In other later accounts from the

amo-

raic period, such as in

Pesahim

110, he

is

also brought in

connection with various other superstitious notions.


JQR., XI, I cannot agree with L. G. 20; Jewish Encyclopedia, II, 217-220. the author of the article, that the legend about Ashmedai's co-operation in the building of the Temple and the holy ring is based on the Testament of Solomon, since the Talmud ignores the other characteristics of the demon occurring in the above source.
,

RECENT BOOKS OX PALESTINE AND ZIONISM

M r. Sokolow did not follow the beaten path.


Lovers of Zion for once
of Zionism.

Leo Pinsker and the


opening chapters
for the

failed to find their place in the

In a book

of fifty-eight chapters

they had to wait

thirty-ninth

and

forty-first respectively before they could tread the

boards.

The opening pages


it

in this

ment
since

of the closeness of the relation

book were devoted to the establishbetween England and the Jews,


role

England

was that had been destined to play the leading


us

in the

realization let

hopeof
further.

the noblest aspirations of Zionism.

Mr. Sokolow went even

Before pointing out the interest of

the England in the Jews, he introduced the reader to the influence of English Bible on England, and of the Jewish holy language on Jewish
literature.

He

then proceeded to recount the interesting episode of

Menasseh ben

Israel

and

his English contemporaries.

This led him to a


of the Restorahis proc ahis

discussion of the Puritan friends of the Jews, with


tion

some

schemes that were afloat

in

those days.

Napoleon and

mations occupied his attention.


associates, Sir

Lord Byron, Palmerston and

Moses Montefiore, the Earl

of Shaftesbury, the Earl of

Beaconsfield were some of the outstanding


of

names

in

the warp and woof


Inter-

Mr. Sokolow's story

of

England and the Jews and Palestine.

author devoted spersed through the chapters on these personalities, the Britain's mission a few to such suggestive topics as the Syrian problem,
in the East, British interest

and work

in

Palestine,

and the Lebanon

question.

cussion as to her relation to Zionism.

As might be expected, France came But only

in for a share in the dis-

for a share.

chapter

on Jewish colonization was followed by one on Zionism

vs. Assimilation

reader wonvery vigorous discussion, a perusal of which leaves the Zionism have not been shamedering whether the exponents of political
fully

maligned as to their lack of the religious sentiment.

Not

until the author

had disposed

of these subjects did

he approach

active the Russian pogroms of 1881-2 and the consequent


I

movement

History of by M. Stkkbbk PichonO by the Rt. Hon. A J.. Balfour. (Vol. II with an introduction etc.: Lonomans. urlln With portraits, etc. arranged by Israel Solomons. London, 1919. Vol. I: pp. lii+313; vol. II: pp. lxiii+4S0. and Co..

Zionism 1600-1918.

By Xahvm Sokolow

With

anJ^Mdn^ra

226
of the

THE JEWISH QUARTERLY REVIEW


Lovers of Zion with
It goes
its

ramifications in France, England

and

America.
to

without saying that Baron

De Hirsch and

his

attempts

solve the Jewish problem could not have been neglected

by the
rise of

author.

This was closely followed by the discussion of the


first

modern Zionism and the

Zionist Congress.
in

Without forgetting to place

proper perspective the renaissance of

Hebrew and the

influence of the

Hebrew

writers on the reassertion of

Jewish national consciousness, Mr. Sokolow then dwelt on the more


recent mainfestations of the

movement, winding up with a detailed


he has not given

account of Zionism during the War, a period which the author's personality

seemed largely to have dominated,

if

it

its

particular direction.

Long before the reader


as a history of Zionism, he
is

is

prepared to form a judgment of the book

impressed by the easy flow of language, the


style.
is

beauty of diction and the lucidity of


the pen of one whose mother-tongue

That

this should
is

come from
matter of
of subject

not English,

in itself

wonderment,
matter.

sufficient to

cause us to expect

much
all

in

the

way

For

surely, a

man who

could submerge his individuality in an


traces of his true ver-

acquired language to the extent of obliterating


nacular,

may

well be able so thoroughly to identify himself with the

various stages of the


living experience.

movement he

depicts as to

make

the whole book a

Nor

are

we doomed

to disappointment in this respect.

Only

it

is

just possible that this very quality of the author lies at the root of the

outstanding stricture we have to

make on

the work as a history of Zionism.

In his introduction to the second

volume Mr. Sokolow apologizes

for the encyclopedic character of his history,

and lays the blame

at the

door of the facts of the history.

One

feels

tempted to question, however,

whether the author ever meant the book to be a history of Zionism or a


history of the ideas of Zionism.

With material

for

such histories, indeed,

both volumes are replete.

Even the

scientific spirit

which should peritself

vade such work

is

not lacking. Nay, at times this spirit asserts

to

the surprising degree of compelling the author to state the exact date of

every personage mentioned


1..H
1.

in his

work

from

Arthur James Balfour

to

Abraham.

Another characteristic which differentiates history

writing from other fact recording work, the author likewise exhibits with
telling effo
vivitl
t.

The book abounds

in

innumerable passages of the most

description of things or ideas visualized, bringing

home

in

lucid

RECENT BOOKS OX PALESTINE


style,

DAVIDOWITZ

227

with rarely an opportunity for the flagging of interest, the theme

promulgated by the author.


Nevertheless the book
is

not a history.

The

execution of the work


is

is

not history-like in character.


tivity in the point of view, not
in the

For a history, there

not enough objec-

enough tolerance

for the opinions of those

Jewish fold

who

are on principle opposed to the idea and ideals of


differ

political Zionism.

Those that

with Mr. Sokolow are branded

either as benightedly ignorant or as superficially enlightened, in craven


fear of their cherished emancipation.

True, a historian

is

not a mere chronicler.

We

must allow a certain

leeway not only to the author's personal equation, but also to his
actual point of view.

Nevertheless, although the extent of this leeway

are undefined, the limits are there.


his individuality

And no author can

drive the force of

beyond these

limits without losing for his

work the

name

of history.
is

Mr. Sokolow's History of Zionism

patently a book with a purpose;

a Tendenzschrift; an apologetic propaganda.


it is

By

this characterization of the

by no means meant to detract from the value


to the British public for the high ideal
is

work as such.

As an appeal

championed by the

author, the book

one great powerful, persuasive, convincing argument,


as
it

gaining

momentum

proceeds, with here and there bursts of elo-

quence that are

irresistible.

The reader makes

the acquaintance of a

formidable array of English dignitaries, divines,


statesmen.
takable.
again.

He

listens to their testimony.

men of letters, and They speak in terms unmislinked together


it.

The Land and the


Prophecy
foretells
it.

People.

The two must be

Religion and justice

demand
it.

British
senti-

interests dictate

it.

International jealousies necessitate

The

ment

is

contagious.

The

reader cannot help being impressed by the


It is

genuineness of the pleading as to the urgency of the situation.


in

borne

upon him with the force

of truth that eventually the

one successful

mode of righting the most

ancient wrong, of offering to Eastern Europe a

solution of a vexing problem,

and to persecuted
political Zionism.

Israel salvation,

is

the

one presented by the author

The

British reader finds in the

book a

special appeal applicable,


is

if

not directed, to himself.


clusively to be that of

The

position of

England

proved ever so coneven for the

champion of

right

and
It

justice,

weakest and most oppressed of peoples.


nature not to
feel

would be against human


It

a just pride in this high tribute.

would hardly be

228

THE JEWISH QUARTERLY REVIEW

part of good breeding to discontinue playing the role after so open an

avowal of deep-felt gratitude by a popular representative of that oppressed people.

With

this purpose of the author in view,

we can understand

the

significance of the insertion in the second

volume

of a chapter entitled

"A Tribute". Without


valuation employed

it,

we must be

at a loss to gauge the standard of

by the author,

seeing full twenty pages devoted to


in

an earnest, knighted English gentleman, but looking


ambitious chapter on the father of modern Zionism
articulate form, Dr.

vain for a

less

in its

conscious,

Theodore Herzl.

To

turn the tables on Mr. Soko-

low and attribute

this disproportionate

treatment of his characters to

the very spirit of the Galuth which he ascribes to the Jews of Hull, would

be ungracious on our part.

His

fiery pride in his people's past,


its

and

his

intense hope for a corresponding greatness in


in his

future, leave

no room

make-up

for

even a subconscious sense of self-depreciation implied

in the Galuth-spirit.

What Mr. Sokolow


and
well.

did,

we

believe he did con-

sciously, thoroughly,

We

are

all

the more ready to overlook

the shortcomings in his book

when we

realize that his plea for

Zionism

is

intimately and inextricably bound up with a plea for the great mass of
suffering Eastern Jewry.

At the present day, no

less

than

in the

time of

Josephus, Jewry stands in dire need of powerful apologists to do battle


for its cause.

Judged from

this point of

view there

is

only one regret Mr. Soko-

low's History leaves with us

albeit a serious regret

its

prohibitive war-

time

price.

Dr. Finley's book

is
2

truly a description of the experiences of a pil-

grim

in

the Holy Land.

We

can see him fairly tremble with the ecstasy

of the devotee as he strides at a swinging gait, hour after hour, in the

scorching heat of the day, overtaking Arab wayfarers

who marvel

at the

energy of the

tall soldier,

and

in

the stillness of the night, hearing in the

wail of the jackals the fulfilment of a threatening prophecy of yore.

rock forms his pillow for a few hours of


In

rest.

tree shelters

him

in

Jericho.

Hebron he accepts the

hospitality of an

Arab

sheikh.

needs must cover the length and breadth of the Holy Land on foot.
lives

He He

over again his early youth and the stories which he learned on his

father's knees.
2
1

Not a

stretch of road but has its hero to keep the pil-

fiil?rim

Uustrated.

Pilgrim in Palestine. Being an account of journeys on foot by the first American By John Finley. after General Allenby's recovery of the Holy Land. New York: Chari.es Scridner's Sons. 1919. pp. xiv-f 2 ; J.

RECENT BOOKS ON PALESTINE


grim company. Not a
host of
village, or

DAVIDOWTTZ

229

a hamlet, or a hillock, but yields

its

phantom

spirits to beguile the

wanderer, and to lead him away


In the

from the present desolation, back to a throbbing past.

boom

of

the British guns he hears the thundering voice of Armageddon.


u<

Little

mder, that in his spirit of exaltation, his high tribute to General Alien-

by turns into a hymn.


Deliverer in

And

if

the Arabs, while joining the choir, hail the

magnificently un-Semitic

Arabic

(Allah-Nebi

being

highly Anglicized rendering of God-Prophet), the book does not suffer

from that single discord.


In true

consonance with the general tone of the book,


Palestine
is

is

the author's
ideal of

attitude to the future of Palestine.


civilization's
ized.

to

become the

dreams actualized; a practicable internationalism

visual-

And

the best

medium through which

this object lesson can


is

be

transmitted to the world, the author believes,


believed,

the Jew.

"I

have long

and often

said, that the

Jew, by reason of this very penetration


of his experience,

and permeation
fitted

of his genius

and the universality

was

above others to help the nations reach that internationalism, of


Perhaps
in this their

practice as well as of spirit, through nationality.

ancient homeland they will have a greater opportunity to promote this


desired and much-sought end "
(p.

239).

The man who answers

the query 'Quelle croix?' directed to

him as

regards his church affiliations, by the words 'La croix rouge', can hardly

be expected to harbor any but the most broad-minded views on the


question of the Holy

Land and

its

problems.

To read London Men in Palestine is to delve into Mr. Coldicott's memory as he goes over the ground, in charge of his Infantry company
from Sheria
captain,
in

southern Palestine to Jersusalem.

Like the Infantry

we

are not initiated in the workings of the large plan of things.


riveted on the heels of the
'fall

With our eyes

man

in front of us,

we only wait

for the order to

out.'

We

are fortunate enough to have a captain

with unusually keen eyes for scenery, or we should have passed most of

our time merely in suffering the hardships of a march with just a taste of
a few nights' heavy rain.
us overhear
is

The small

talk of the

men which the

captain

let

typical enough.

Nothing can be more truly descriptive


extreme resentment at the Arabs' cheat-

of the soldier's nature than the

ing finding expression

by

full

repayment

in similar coin.

The author

' London Men in Palestine and how they marched to Jerusalem. By Rowlands Coldicott. Illustrated. London: Edward Arnold, 1919. pp. xii+232.

230

THE JEWISH QUARTERLY REVIEW


many
a reflection on the lot of

being given to introspection, leads us into

men and
and
his

things.

Towards the end

of the

book we share with the author


first

men

the deep perplexity of a unit the

night on a

new

front,

with orders and counter-orders to change positions the next night, with

no guides stationed at the cross-roads.


evening
Olives,
in
is

The

little

skirmish toward

the closing chapter, with the final dash across the

Mount

of

picturesque, graphic and quite exciting.

The masterly

diction

sustained from beginning to end adds not inconsiderably to the genuine

enjoyment

of the reader.

But when we are through and done we are

conscious of a sense of incompleteness.

We are left

in mid-air.

We

miss

our relation to the world about.


experience.

We

wonder as to the meaning

of our

Exactly the feeling of Captain Coldicott himself, we have

no doubt.

Most people will enjoy the reading


they reserve
stine
in
'

of this

book much more deeply,

if

it

as a dessert to

Antony

Bluett's

With our Army


Bluett in
all

in Pale-

'.

One need not be a soldier to follow Mr.


in Palestine, intelligently.

his

campaigns

Egypt and

Nor need one be

in one's teens

to read his
of the

book at one

sitting,

though the closing chapter see the dawn

morrow.

Without a map by our side we trek the desert sands, with

the next spring as our objective, wind our

way

in

the wadis of the Holy

Land following the guns

of

"A"
we

Battery, taking our chance with

them

when an abrupt turn


over the edge.
fight

in

the cliffside path drags horses, guns and


as
are,

men

Unarmed

we

find ourselves in the thick of the

around Gaza.

We

even share with the troops their bitter disapall

pointment at their repulse and forced withdrawal after

the exertions,

and wounds, and mourned comrades.

Every now and then we join the


hill.

Australian light horse in their headlong onrush over plain and

We

attach ourselves to the London

Men when
way
in

they take Jerusalem.

With-

out

much

of a rest,

we

steal

our

the night across the Jordan in a

daring, disastrous raid.

Now we

have our choicestay around the


in
let

Jordan encampment and flaunt our presence to the Turk, or cast


lot

our
the

with one of the

many

divisions in the vicinity of Jaffa,

and

orchards keep every trace of our


particularly enjoy the carnage

movement under
But we

cover.

We

do not
fleeing

wrought by our

air forces
feel

on the

enemy

in

the deep gorge of

Wadi Farah.

exhilarated none

Willi

Our Army

in Palestine.

By Antony Bluett.

London:

Andrew Melrose.

Ltd.,

1919.

pp. xii+288.

RECENT BOOKS ON PALESTINE DAVIDOWITZ


the
less.

231

We

recall those terrible

pa.gn.ng in Palestine

when

to leave the

watering places so religiously. In retribution, vengeance and justice are By this time we feel we are nearing the beginning of the end, with old Blighty looming on the horizon. Like all our British comrades who have seen service in the Great War, we are fain
so easily interchanged.

days in the first two years of our camthe Turkish aeroplanes bombarded our

Holy Land

to pilgrims, or to give

it

away

for the

mere ask-

ing, for just

bound.

one bunk on deck an old tub of a transport homeward-

The

larger questions involved in the taking of the

falling within the

only rarely,

he expresses his belief that "the French, who have large interests in Beyrout and Lebanon, will be the paramount influence there And from fifteen miles north of Acre down to the Suez Canal the country will probably be under the protection of the British."

Holy Land not purview of the book, occupy the author's attention and in a cursory manner. On the last pages of the book

He brings the book to a close with the following remarks: "Whether the Jews as a nation will ever settle in Palestine is a question the future alone will solve; certainly the wise policy of the British and
governments
French
offers

them every inducement,

if

ancient land." Then, irrelevantly irreverently?) "If the prophets are to be believed Jerusalem will one day be the capital of the world-but it
(or is
it

come

a nation again in their

they really wish to be-

own

will

not be in our day."

Thepamphletbearingthe
the the Foreign Office.
of its author.

title

Zionism* is

classified as

Handbooks prepared under the

number 162of
the

We

direction of the historical section of have therefore no means of knowing

name

But whoever he

be, he possesses a clear analytical

a thorough comprehension of the subject and a deep, genuine sympathy" it. In forty-seven pages, a brief of the underlying, deep-rooted causes of Zionism, of its history in various lands, of its growth and development, of its claims and possibilities, is presented in such a manner that the uninitiated reader may acquire a full grasp of the facts, and all but the hopelessly prejudiced may gain a finer appreciation of the
for

mind

Zionists' aspirations.
its

The flaws in some phases of the movement in present-day form are neither overlooked, nor even glossed over Neither are the shortcomings of some
of its leaders entirely ignored.'

232
But

THE JEWISH QUARTERLY REVIEW


altogether, the

pamphlet

is

an excellent presentation

of Zionism,

clear rather than bold, persuasive without being insistent.

Mr. Mathews' book "The Riddle


dual personality

of

Nearer Asia"

is

the work of a

a scholar and a
we watch the

zealot.

In the sketch of the historical

background which occupies the

first

half of the book, the scholar led the pen.

The

result

is

very gratifying.

From page

to page

vivid, colorful reconstruction of past

empires taking place before our very eyes, through the bold, masterful
strokes of the scholar-artist.
It is

with a feeling of intense regret that

we pass

to the second part of the book,

where the

zealot's
its

hand gained

the ascendancy. Blatant spiritual arrogance sounds

discordant note,

marring the eloquence of the

style.

When we
ties that

read that "Goodness, purity, humility, joy, confidence,

love, trust, truth, honour, honesty, loyalty,

and

fearlessness are quali-

belong to the Christian


alley

Kingdom" and
is

that "Islam

leads

up a blind

beyond which progress

only possible by breaking

down the very

wall of 'suras' that

make

it

Islam," and see Mr.

Mathews

quote the statement "Reformed Islam


it

is

Islam no longer," accepting

as a truism with authoritative finality,

we cannot

posibly imagine

that the scholar sanctioned


Surely, no scholar

any

of these utterances.

would have the temerity to claim the cardinal

human

virtues to be the

monopoly

of the Christian

Kingdom

or to

deny

to a great religion

like

Islam the capacity for inner growth and

development.

With the same naively presumptuous

sense of superiority Mr.

Ma-

thews solves the riddle of the Jewish question.

The growing
in their

tolerance of the nations of the world to the Jews living

midst would prove the most disintegrating factor for Jewish

separateness and Jewish individuality.

Zionism

is

concededly the only

way
to

out.

But

shall

Jewish growth be dwarfed by the cramping influence

of Rabbinic legalism?
its

No.

He

sees a vision.

vision of Israel

come

own.

vision of Israel liberated

from the rabbinical leadership

that had hounded Paul for the only 'crime that he had accepted the
fact of the Incarnation of

God

in Christ.' in

To be

sure,

Mr. Mathews,

his exalted

mood,

fails

to note that

the martyrdom of Israel compared to which Paul's martyrdom pales into


Tht RiddU
Illustrated.

'

isia.

Brvce.

New

York:

By Basil Mathbws. George II. Doran

With a preface by Viscount Co.. 1919. i>p. 216.

RECENT BOOKS OX PALESTINE


infinitesimal insignificance,
for the sole

DAVIDOWITZ

233

was imposed on him during many centuries

crime that he failed to accept the miracle of the Incarnation

as a fact.

"The Jewish people" Mr. Mathews


reach their
full

prophesies,

"like Paul, will

place in the world

when they stand where he stood

and kneel where he knelt at the

feet of the risen Christ."

And

in a

more
very

sombre

strain,

"They
if

will miss their high destiny

and

lose their

existence as a people
It is

they permanently deny Him."

indeed a pity that of the virtues claimed by Mr.

Mathews

as

especially belonging to his Church, Confidence should play the leading


role,

with Humility scarcely appearing on the stage.


In the portion of the pamphlet devoted to a discussion of the

geography of Palestine, Sir George

Adam

Smith

carries in his

words

that authority and convincingness which

come from an
sounds

accurate, detailed

knowledge of the subject treated.


of the ethnologist
less authoritative.

When, however, he
less

enters the
if

field

and the

historian, he

convincing,

not

To

claim for the Palestinian Arab direct descent


for the

from the ancient Canaanite and Amorite


his right to the soil,

purpose of solidifying

may

well serve a definite purpose in view, but can

hardly be established scientifically, not to mention the fact that the


fellaheen themselves
is

would emphatically repudiate that claim.


not answer quite affirmatively

Where
or

the Fellah

who would

"Xaam,"

"Aiwa," to the question whether he was "Arabiy?"

And

indeed, the worthy divine need not have gone to such lengths

to prove there

were great

difficulties in

the

way

of the realization of the

Zionist aspirations.
difficulties

Had

he charitably confined himself to the actual

without invoking a host of imaginary ones such as relate


other holy places, his essay would have gained
lost in bulk.
in

to the
force

Haram and
it

what

would have

In writing the little

volume

in the course of his desert

campaigns,

without the aid of reference-books, Colonel Bentwich showed a


for facts,

names and dates

in

Jewish history worthy of a scholar.

memory The

clear analysis

which he presents to the reader of the prevailing condi-

tions in the existing Jewish colonies,

stamps him unmistakably as the

7 Syria and the Holy Land. By the Very Rev. Sir George Adam Smith. Kt.. M.A., D.D., Ltit.D., F.B.A. London, etc.: Hodder And Stoughton, 1918. pp.56.

Palestine of the Jews, past present,


articles

an appendix and other

Trench, Trubner and Co.,

1919.

and future. By Norman Bentwich. With on the British advance. London: Kegan, Paul, pp. xvi+288.


234

THE JEWISH QUARTERLY REVIEW


The
stoutness

possessor of judicial insight and discriminatory powers.


of heart with which, while

championing the cause

of Palestine

and the

Jews, he looks forward toward a triumphant future, goes well with

the traditions of the uniform he wore.

Thus

it

is

that the author


in

symbolizes in his personality the three divisions of the book which,


his characteristic,

humble manner, he presents


worth reading.

to the public.
is

The book

is

Not that there

anything particuexpect a novel

larly original in

the thesis, or that the reader

may

presentation of a philosophy of Jewish history.

The book

claims no

such pretensions.

But

it

possesses the merit of readableness of style,

fairness of treatment, saneness of judgement,

and brightness

of spirit.

In addition the

book forms a handy review


its

of the subject treated.

Were

a course on Palestine and

place in Jewish history given in our schools,


little

the student would find Colonel Bentwich's


aid the night before the examination.
If

volume an invaluable

we were asked
little

to characterize
of letters

by a
9

single epithet the impression

Dr. Salaman's

volume

made on

us

we should

unhesitat-

ingly choose the

term refreshing.

The spontaneity

of the author's

reactions to his daily shifting surroundings, the genuineness of the

emotions of the man, tempered,

if

not guided, by the mental balance of

the scientist, the simplicity of style, the easy grace of expression


all

contribute their share towards making the reading so enjoyable.


to shake our

Our personal experiences may cause us


author's flights of enthusiasm.
of his strictures

head at some of the

Or we may

at times differ with


is all

some

on men and things. But that

in the point of view.

For one thing, we

may

be lacking his lively imagination, and the power

to see transcendent beauty

where only promise

is

on the surface.

For

another, our
so

life

may

not have touched the

life

of the Palestinians at

many

different points, or at such intimate proximity, as did

the

author's.
far as

His delights and his grievances both ring true enough, as

he was affected by them.


find in this

Many readers will


up to our view.

book a valued attraction

in the gallery

of familiar personages, individuals

and groups, which the author holds


throws on them makes the familiar

The

side-light he

interestingly novel.

The

passing remarks add to the descriptions the

Palestine Reclaimed.

cliffk N. Salaman.
pp.

London: Gkorgb xii +236.

By RedLetters from a Jewish Officer in Palestine. With map. introdui tion by the Hon. Ormsby Gori I*:. Dotton Co., 1920. P. Routlbdgb ash Sons .Ltd.; New York:
With an
,

RECENT BOOKS ON PALESTINE


palatable zest of a whiff of gossip.

DAVIDOWITZ
who
on

235

Nor

will those

look for the more

serious side of things be disappointed in Dr. Salaman's letters.

His
is

deep

faith in the healthy rejuvenation of Israel

his ancient soil

reflected
if

on many a page.

We

should not be overstating the matter

we

asserted that

to the heights of religion.

now and anon Dr. Salaman's faith in his people rises The reader cannot but be delighted with the

kinematic view of the movements of the Judean Battalion, as the Jewish


Legionaires operating in Palestine were called.

In the introductory chapter outlining the military geography of


the ancient Jewish State, Mr. Sidebotham
postulates the theory that

the true cause for the political failure of the ancient

Hebrews

is

to be

sought neither
Sir

in

the religion of Israel as some would have

it,

nor as

George

Adam

Smith would

fain

make
its

us believe, in the geographical

disunion of Palestine, but in the failure of the attempts of the ancient

Hebrews to gain

for their

country

natural frontiers, the mountains


east,

on the north, the edge of the desert on the on the west.

and the sea

frontier

The

political vicissitudes of Palestine

under the Greeks,


in

under the Romans and under Islam are traced


chapters, followed

the nxet three


in Syria.

by one devoted to Napoleon's campaign

The succeeding
European

four chapters introduce the reader to

modern

politics in the

Near East, and England's

role therein.

very

interesting picture indeed of the fears, jealousies, intrigues

and counterof the

plots of the several

European Powers, with the inevitable clash

conflicting wills to possess

now known as the Great Waras the crownexcept


and

ing glory.

However, Mr. Sidebotham does not moralize or preach


in

politico-military sense.

With refreshing

clarity of

style

argument, he points out the preponderating importance of the Eastern


strategy as the decisive factor in winning the war but for the unfortunate
defection of Russia.

The

political

moral

for

England

is

obvious.

Eng-

land must have the controlling power in Mesopotamia and Palestine;

the latter as the gateway to Egypt,


the bulwark to India.

the former as the entrance and

In order to obviate the possibility of Palestine becoming a mere

Protectorate of England, with the consequent heavy burden of a per-

10 England and Palestine. Essays towards the Restoration of the Jewish State by Herbert Sidebotham. London: Constable and Co., Ltd., 1918. pp. xii+257.

236
manent

THE JEWISH QUARTERLY REVIEW


British garrison, the large

scheme

is

evolved of setting up

in

the country a

community capable

of developing rapidly into a strong of political

self-supporting body, that


civilization akin to that of

would shortly attain a stage


England.

Thus one could look forward

to

Palestine becoming a Dominion, a country that would not be long in

garrisoning

itself

by

its

own

patriotism.

Without the use

of oratorical embellishments,

Mr. Sidebotham
in

succeeded by dint of analysis and bare statements of facts


to the reader

presenting

from

the non-Jewish Englishman's point of view


for the

the

most cogent politico-economic argument


Zionists'

actualization

of the

dreams that has ever been put

in print.
full five

The

reviewer did not have to read through the

hundred and
of the au-

ten pages of

Dr Mattson

's

book to gain an appreciation either

thor's misgivings regarding its deficiencies, or of his abounding faith in the

reader's forbearance.
it

Had

he been the author of this volume, his

faith,

may

be feared, would never have persuaded him to override

his

misgivings.

The excuse

that the author offers for adding one more book to the
in the Bible

voluminous library of Travel

Lands

is

that

"we

find that

one has observed something that another has entirely passed by."
Granted.

But we look long and

diligently for that


is

one redeeming,

original observation.
of the author's

Our only recompense


his

the incredible naivete

remarks indicative of

mental reaction to the wond-

rous sights on this his life-dream journey.

His intention "to look over the largest city in the world"
ing

New

York!

meanwas frustrated by rain and gloomy weather setting


in.

Whereupon he
While

satisfies his

conscience and his readers with the illumi-

nating observation that "our large cities have grown very fast."
in

Constantinople he "wanted to see the bazaars and study


But, says our worthy investigator, "having
street,
I

the folk-life in them."

gone a few blocks along a certain

could not go further, because

my

organ of smell rebelled and compelled


his impressions of
is

me

to return."

His

way

of

summing up

Turkey

is

characteristic.

"Remember,"

he says, " that Turkey

half-civilized,

and, perhaps, not even that.


is

Only a few days'

visit will

convince anyone that there

a great difference

between a Christian and a heathen city."

It is true.

"You can never

" Through the l.aml of Promise. Reminiscence! of a Journey in Bible Lands By tin- Rev. P. A. Mattson, Ph.D., D.D. Boston: The Stratford Co., 1920
pp.
viii

+ S10.

RECENT BOOK S ON PALESTINE


induce a
religion,

DAVIDOWITZ
That
is

237

Mohammedan
and he
is

to drink strong drinks.

against his
so-called

true to his principles."

Whereas he saw "the

Christians were drinking whiskey, wine and beer very freely."


theless, "there
is

Never-

only one thing that will save Turkey.

It is

the Gospel

of the Living Savior,

and nothing

else."

In his endeavors to localize the holy places he has

met with the

success of the average writer on the subject.


let

He

is

honest enough to

the uninitiated reader into the differences of opinion that exist with

regard to the identification of some of the holy places.

Others he accepts

with equanimity; on the whole the average treatment of a hackneyed


subject.

He

has read his Bible and has collated his history reading

on what he saw and gave us the result in his

own

words.

It is

only in

his excursions into the realm of the present that he becomes, in a sense,

interesting.

In every Bedouin beggar he sees a dangerous robber.

But

for his constant prayers one wonders

how he

could

come through un-

scathed in

all his

encounters with that brood.


in for their share of inherent brigand-

Even the poor Fellaheen came


age.

"On

the plains of Sharon there are only Bedouins and Fellaheen.


all

In the dark night they had

kinds of chances to do us

harm

if
I

they
left

wished to do
all in

so.

had no idea how we were to get through, but

the hands of the Lord and thought,

He

will protect

me

as

He

has done up to this time.

It

would certainly be a daring

feat to travel

alone on this plain without proper protection."

Equally amusing
only by the Arabic

is

his account of Zichron

Jacob

which he knows
is

name

of the railroad station a

few miles distant.

"In this Colony there are two synagogues.


the other Orthodox.

The one

Reformed,

Evening prayer

is

held in both of these synagogues.


I

Together with the student from Beirut

went into the Orthodox to see

how they conducted their religious exercises, and I found it very interesting. The prayer had already begun when we entered. The synagogue
was
full

of people.

Before an altar a Rabbi stood with his back turned


in the

towards the people, and sang the evening prayer


If all his

Hebrew

Bible."

descriptions and estimates of


of the present

the customs and

institutions

of the

Holy Land

day are as accurate as

this particular

one, they are not a distinct contribution to our knowledge

and under-

standing of

the ancient Land

of Promise.

Harry
Philadelphia.

S.

Da\ tdowitz.

MODERN THEOLOGY
"Is there a God?" There were times when to ask this question

was a

sign of heterodoxy; to-day the fact that the

problem

is

of interest

brands one as a member of the small, diminishing, tolerantly-ignored

group of theologians.
still

Like

fossils

of a

past

generation

those

who

ponder over the deepest


in

realities of the

universe are treasured

and kept
jibes

schools of learning.

Their beliefs are the subjects of

and

jests,

the main use of which seems to be to supply material

for the wit of able writers.

The masses

of the people
it

pay

lip-service

to the belief in God.

As

a result politicians find

useful to be regular

church-goers, and state papers and addresses of government officials

teem with

religious references, but these are not


fill

more meaningful than


It
is

the references to the Greek gods that

the pages of Milton.


is

by poetic

license that the

name

of the

Lord

used, but with

little

conviction.

This

is,

let

us face the facts frankly, an age of materialism,


life.
it

a mechanistic epoch in

human

If

the

name

of

God

did possess the

mystical powers, attributed to


chariots
fly,

by medieval

enthusiasts, of

making

of drying oceans, of building bridges across streams, or


it

digging tunnels under them,

would be

diligently studied, every fact


of

concerning

it

would be known.

But as the existence

God

is

a matter

of interest merely to
reality that the

man's moral and

intellectual nature, the deepest

ever entered the


ethical

human mind has conceived, the finest thought that has human intellect, the idea that has been a source of power for man from the days when first he began to understand
left for

the world, will be

examination by such as can

live

on crusts of

bread and endure the derision and mockery of a world.


It requires

some courage,
One."

therefore, for

men

to insist in these days

on repeating the ancient formula, "Hear,

Israel,

the Lord

is

our

God, the Lord


is

is

It is

not difficult to say the words


is

when one

not listening to the words one

pronouncing, but to affirm with


less

conviction that
let

God

exists, is

nothing

than to throw down a gauntof the day.


is

before the eyes of

some
of the

of the

dominant philosophies
it

It is to declare

some

most famous sages deluded;

to enlist

for service in a great war.

240

THE JEWISH QUARTERLY REVIEW


Those who go forth to wage
this

war
of

of the

Lord

will find

themTheir

selves seriously handicapped

by lack

modern ammunition.
ordnance
is

guns and powder as well as the


century type.
like
is

rest of their

of the sixteenth

They

are ill-supplied with twentieth century inventions

the submarine, wireless, airplanes, and tanks.

The attempt

that

constantly being

made

to win the naval battles of this great

war

with Greek triremes will never succeed.

few sturdy pilgrims;

it

would

ill

The Mayflower carried a have endured the mass movements

across the Atlantic that are characteristic of our

own

day.

The

at-

tempt to carry on a modern theological discussion with arguments


from Anselm, who died
were shot to pieces by
than
Free
futile.

in the twelfth century, or

with "proofs" which


times,
is

Hume

and Kant,

in

more modern

worse

In the face of attacks of the power of Bertrand Russell's better

Man''s Worship we must have


For
this reason all those

arms than those which proved

vulnerable before less formidable foes.

who

aspire to a clearer understanding of

the deeper truths of the universe will greet with pleasure the ap-

pearance of Sorley's Moral Values and the Idea of Cod. 1

calmly reviews the various proofs for the existence of

The author God that have


which have
convince

thus far been advanced, the Ontological, the Cosmological, the Teleological,

and the

others,

and

fearlessly faces the objections

been raised against them and which account


the world.
In marshalling these proofs

for their failure to

and refutations the author

often adds very interesting and stimulating thoughts of his own.

The

chapter containing these discussions, called


is

"The

Theistic Arguments,"

one of the
It is

finest in the

book.
in

not easy to do justice to the author's argument

the confines

of a short review.

He

bases his assertion of the existence of

God on
its

the existence of Values in the world, which he considers as real and


integral a part of the universe as the Relations

which hold between

various parts.

The author

of course wrestles with the


is

problem

of evil,

and comes to the conclusion that the universe


statically perfect; he asserts the truth of

purposive rather than


will.

freedom of the

There

are a few flaws in


invalidate
it.

the argument, which do not, however, completely

It still

remains to be conclusively proved that Relations


God, the Gifford Lectures delivered at the University
Litt.

Moral Values and

the Idea of

of Aberdeen, in 1914 and 1915,


,

by w. R.Sorley,
i

D..LL.D., Cambridge University


I>p.

Mew

York:

(,.

I'

I'i

nam's Sons, 1919.

)dx

+ 534.

MODERN THEOLOGYFINKELSTEIN
are real in the sense in which material
is

241

real,

and whal

is

even more

doubtful

is

that Values are an integral part of the universe and not a

figment of the
against the

human
will

imagination.

book

be raised by those

An even more who deny

serious stricture

the truth of the


Pluralistic

Oneness of the world, and who accept James' doctrine of the


Universe.
It is

the last criticism that makes the book of very

little

use in

America where students generally have come under the influence of the

modern "Anti-Absolutist" schools

of thought.

William James has


in this country,
it

dealt a blow to Hegelian Idealism from which,

has

thus far failed to recover.

It

is

true that

Royce, the colleague of


it

James, was an able champion of this very philosophy, but whether

be, as Bertrand Russell claims, because of our concentration on the

practically useful, or for

some other reason, the

influence of William

James on the

rising generation of the

country has been vastly greater


is

than that of Royce.

Perhaps Idealism

too profound for us, but we,


in

Americans, generally find ourselves either enmeshed

the
elan

web
vital,

of

Pragmatism, or

irresistibly

drawn by Henry Bergson's

or

followers of the rising neo-Realist group.

There are very few to-day

who

will

openly declare their adherence to the philosophy of Berkeley,

either in the

Germanized form given

it

by Hegel and
it

his followers, or

in the re-naturalized

English form given

by Bradley.

Unlike Sorley, Professor Macintosh does not try to prove the


existence of God, in his Theology as an Empirical Science.states that as every science

The author
of the

must begin with an assumption


it is

existence of the material with which

concerned, just as chemistry


to

assumes the existence of matter "and


perience;

its accessibility

human
life,

ex-

and biology assumes the same with reference to

and

psychology with reference to consciousness, and sociology with reference


to society" even so "theology as an empirical science presupposes the
existence of the Divine objects

and

its

sufficient accessibility to ex-

perience for the possibility of knowledge of at least

some

of its qualities

and relations"
and important.
2

(p.

90).

Although the book

is

full

of Christological

references, a Jewish reader will find

many

chapters very interest in.;


of Evil deals with thai

The chapter on The Problem

Dwight Professor
1919, pp. xvi

Theology as an Empirical Science. By Douglass Clyce Macintosh, Ph.D., of Theology in Yale University. New York: The Macmillan Co..

+ 274.

242
difficult

THE JEWISH QUARTERLY REVIEW


matter
in a

popular and novel way.

The book
is

is full

of inspir-

ing thoughts for the theologian,

whose problem

the clarification of

the meaning of the Divine rather than the proof of his existence.

Of a somewhat similar character


The
3 Infinite Attributes of God.
is

is

the Reverend

This

little

book, with a

W. Powell's name that


The

sounds so medieval,
introduction, with
its

yet quite

modern

in

many

of its parts.

elaboration and attempt to modernize Anselm's

Ontological proof of the existence of God, can hardly be said to interest

the reader, but he

who breaks through

the cold

name and

the uninviting

introduction will find himself in a most interesting discussion of some


of the serious

problems facing the theologian.

The book

is

very well

written,

and contanins many

references to the classical philosophers


will appreciate.
J.

and theologians which the reader

Like the two books just discussed, Clement C.

Webb's God and

Personality^ undertakes to describe the character of the Divine rather

than to prove his existence.

The author

gives a lengthy discussion of

the character of personality, and then devotes a chapter to the discussion of the

meaning

of personality as applied to

God.

He assumes

the

existence of an inner consciousness of

God

in

the mind of his readers,


of the

and therefore

finds

no need

of doing

more than cope with some


is

problems that present themselves before one who

philosophically

convinced of the existence of the Absolute, and religiously convinced of


the existence of God.
tist

Even

to those

who are not adherents of the Absolu-

philosophies, the religious paradox of the transcendence and the


of

immanence

God forms

a real problem.

The

reviewer, being a Jew, cannot but call attention to Mr.


all

Webb's
His

exaltation of the Christian religions at the expense of


test of the greatness of a religion is:
first,

others.

its

ability

to encourage,

and be encouraged

itself

by, moral and intellectual progress


it

among

its

votaries"; second, the greater or less extent "to which


specific

exhibits the

nature of religion, and not that of Science or of Morality as

distinguished from Religion.

"With

the

first

criterion

no one can quarrel.

But

it is

far

from certain that "if we compare the religions of the world

II.

The Infinite Attributes of God, By Rev. W. Powell. M.A.. B.D. London: Arthur Siockwell, 29, pp. xxvii 4- 220.
*

God and
in

Personality, being the Gilford lectures delivered in the University of

Aberdeen,

the

yean 1918 and


St

1919.

First

London:

George Allen

Unwin

Ltd.

New York:

Course, By Clement C. J.Webb. Tin: Macmillan Co. pp. 27.s

MODERN THEOLOGY
on some such principle as no
difficulty in
I

FINKELS'I
is

243
think, have

have just indicated, we

shall,

acknowledging that there

none that has shown more


itself in

capacity for maintaining or even developing


of

the atmosphere
in-

what would generally be admitted to be the highest moral and


found at present
in

tellectual culture to be
(p. 247).

the world " than Christianity


is

It is true that just at

present Christianity

outwardly pro-

fessed

by many

of the highest intellectually developed

men and women


Moreover,

of the world, but

how many
gloom

of

them

are

its

true adherents?

why

should

we

neglect to take account of the centuries


of the

when Europe

was steeped

in the

Dark Ages, while Mohammedanism was


be ventured that
proprtion to

professed by those

who "had
it

the highest moral and intellectual culture".

Statistics are lacking, but

may

in

its

small numbers Judaism contains as

many

cultured and intellectually

developed votaries as any other

religion.

The second
its clarification,

test, in spite of

the author's devotion of two pages to

remains obscure.

The

distinction

between Religion as
This

Religion or as Morality or Science must always remain arbitrary.


is

indeed hardly the time for theologians to engage in polemics with one
It

another, or to measure their various religions by weight or length.


is

high time that

all

who

feel
its

that the idea of

God

is

an important factor

in

human
is

morality, that

disappearance from the world would be an


its

unequalled catatstrophe, that

presence in the minds and hearts of

men

a sign of hope of better days

it

is

time for

all

of those

who
It

cherish these beliefs to

come together and save the


upon the
believers;
it is

belief in

God.

is

a heavy task that

is

laid

a great battle that they


efforts

must win.

It

were fool-hardly to divide their

now.

It is
it

no
the
in

longer a question between Christian or

Mohammedan

or Jew;

is

question of winning the intellectual world to an acceptance of faith

God, and

of

winning the masses who profess the faith to carry out the

ethical principles that follow

from

it

in their daily life.

To do

this

is

task that

is

well worth the

life

of the noblest of us.

To

succeed in that

should be the aim of everyone to

whom

has been granted the vision of

the power and truth of the Righteous God.

Louis Finkelstein
Jewish Theological Seminary of America.

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ITS

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THE STATUS OF LABOR ANCIENT ISRAEL


By Mayer Sulzberger,

IN

Philadelphia.

PREFACE
The
will

conclusions reached in the following four lectures

scarcely

meet with ready acquiescence,

since

they

depart from notions very generally entertained.


Their form too
standard.
is

not according to the conventional

There has been no attempt at dogmatism and

no

effort to achieve literary grace.

Their object was to attract the attention and arouse


the efforts of the students of the "Dropsie College for

Hebrew

and Cognate Learning," to follow the author's procedure


in investigating the subject

without preconceived opinions,

and

to stimulate research in similar directions.

To

accomplish this purpose, the author deemed

it

best

to cite at length the data on which he

worked and

to

show

the process whereby he reached his conclusions.

Needless to say, the texts from which he worked, no-

where

state, in so

many

words, the conclusions arrived at

by him.
and
however

Half a century's acquaintance with witnesses

their testimony has convinced


sincere, ever tells the

him that no

narrative,

whole story.
is

There appears
averse to stating

to be a feature of the

human mind which

facts that are so familiar to the narrator, that he sub-

consciously assumes that everybody


as himself, and that to repeat

knows them

as well

them would be absurd.


is

Hence the true meaning


found not only
in

of a witness' narrative

to be

what he expressly
245

says, but also in

what

246

THE JEWISH QUARTERLY REVIEW

he does not say, but which

may

be

fairly implied

from the

words used.

On
sight,

this principle, the

author has, on occasion, acted,


first

and hence are derived some conclusions which may, at


seem
bizarre.

This method also involves the necessity, or at least the


desirability, of setting

out texts in

full

wherever they are


are stated

made

use

of.

It follows that

some

of

them

more

than once, and that ungainliness

in the presentation results.


is

The

desire to

make

the lectures educative

the only

excuse for such defects.

The author

hopes, however, that he has

made

at least

a beginning toward a better comprehension of the labor

question in ancient Israel.

The
Scriptures

reader of the English versions of the

Hebrew

must have been struck by the frequency with which he finds "the stranger, the fatherless and the widow"
mentioned together.
with those
circle of

The coupling

of the rank outsider, to the

who apparently belong

most intimate

the insiders, arouses attention.

An

easy explanation of the phenomenon

is

that these

classes are

dependent upon the gracious kindness of the


that, in this respect, they stand

community and
ground.

on

common

This answer leaves us uninformed.


should every stranger, every fatherless child,

Why
No
of large

every widow be thrown on public charity?


intelligent

government would

tolerate the influx

masses of aliens

who

could do nothing for the com-

munity but would be a mere burden.


Moreover, most fatherless children and most widows

would have family connections who would provide

for

them

STATUS OF LABOR IN ANCIENT ISRAEL

SULZBERGER 247
which precluded

and many must have had shares


the necessity of public charity.
It is ger,

in estates

true that the

common

translation of these words,

yatom and almanah by

stranger, fatherless

and widow
on some

has

much

justification.

Undoubtedly they

all,

occasions,

have these meanings.


in

We
as in
all

must, however, keep

mind, that

in the

Hebrew
that

other languages, ancient and modern, there are

many words which have more than one meaning and


apart and often seem unrelated to each other.

these various meanings are sometimes conspicuously far

Take

as an example, this very

word

stranger in our
9,

own

language.
lists

Murray's Dictionary (volume


it,

pp. 1079as.

1081)

twenty-five meanings for

covering

might

be expected, a wide range of thought.

That

it

stands for

"one who belongs to another country", everybody knows, but that on certain occasions it means the British coin
called "the guinea", few

would guess, though, on


home,

reflection,

many
pieces

of us will realize that here at

five-dollar gold
us.

may

fairly
is

be called "strangers" by the most of

The moral

that times, circumstances, even caprices

cause the attribution of

new meanings
and
technical.

to well-known words,

and that such new meanings become at times general andat times merely narrow
If

we then

find

that the general meanings of ger,


in

yatom

and almanah

the

Biblical

versions

leave

us

puzzled in the endeavor to discover

why

this

stranger

should be thrust into the very heart of the national household,

and why orphanage and widowhood should be con-

stantly subject to attacks which

must be fended
in

off, it will

be reasonable to seek for an explanation

any

direction

which

may

give us light.

Acting on this hint we

may

fairly inquire

whether the

248

THE JEWISH QUARTERLY REVIEW


in

words

question have not other meanings than those

accepted by the versions.

As the word
it.

ger starts the puzzle,

we may

begin with
is

That

it

means

stranger

by the

rules of

etymology

true.

Etymology

is,

however, not the sole or

final deter-

mining cause of
developed.

all

the meanings of words as historically

There are other Hebrew words that are


"stranger":
nokri
(ben

also translated
sakir.

nekar),

zar,

toshab,

An

analysis of the passages in which these words are used, shows

that at a stage of
reign
of David,

Hebrew

history, as early at least as the


earlier,

and probably

the Hebrews had

divided these foreigners into two great classes, the one


characterized by unmitigated foreignness, while the foreignness of the other class

was modified by

closer social relations.

The
ger,

first class

the nokri.

The second

the absolute foreignerswere the zar and class relative foreigners were the

the toshab and the sakir.


It

may

be noted that in the progress of time, some of

these words underwent startling changes of meaning.


Zar, for instance, from being practically

synonymous

with nokri, came


1

in

time to include a non-member of any


it is

particular body, in which sense

found applied even to


circle.
2

Hebrews standing outside


Nokri,
alien.
is

of

an intimate

applied in general to the unmitigated, the hostile


in his case there is

But

one important exception, to

wit, the nokri slave, the 'ebed.

While
ticularly
fully
is

it is

true that the


it
is

word that

interests us parit

ger,

necessary in order to understand

that we should comprehend what the nokri was and

ascertain whether the ger


'Deut. 32.16;
Isa.

was

like

him, or
l'./.k.

if

he was not,
28.7, 10;

1.7; 43.12; 61.5; Jcr. 5.19; 51.2;

II.');

30.120

31.12; Hoaea 7.9; 8.7, 12; Psalm 44.21; 81.10; Job 19.15.

Kxod. 29.33; 30.33; Lev. 22.10.


25.5.

12. 13;

Num.

1.51; 3.10, 38; 17.5; 18.4, 7;

Deut.

STATUS OF LABOR IX

A \<

II

[SRAEL

SULZBERGER 249
differed.

we should determine
Initially,
it is

in

what respect they

well to dispose of the slaves.

Among
important
force.

the ancient nations in general slavery was an


institution.
It

represented

the

great

labor

While the masters were continually ready


it,

for

war

or actually waging
ful

the slaves did the bulk of the peace-

work necessary for the community. With the Hebrews it was otherwise.
Their position in Egypt was not such as enabled them

to acquire or to hold others in slavery.

When, soon
half-tribe of

after
tribes

the Exodus, the invasion of

Canaan was begun, the by the

Reuben and Gad

(later joined

Man-

asseh) elected to remain in the land East of Jordan

and the

Dead

Sea, because they judged

it

to be a good place for

cattle-raising. 3

Being a pastoral people, by inheritance,

the sight of the goodly land took

away

their ambition to

become
in

agriculturists in the Westland.

Moses acquiesced
their soldiers

their decision, stipulating

however that

should accompany the other tribes in the war against

Canaan.

They were

to leave "their wives, their

little

ones

beyond Jordan to await the return of the menfolk from the war. If there had been any and
their cattle" in the land

considerable
tion,

number

of slaves, there would, in that connec-

have been some mention of them.

At most

there could

have been but few and


without doubt,

in this respect the other tribes were,

in like condition.

The
for

slave

was

called 'ebed.

If

he was bought, this

term was supplemented by the words miknat kesef (bought


money).
If

he was born of slave parentage

in the

house-

hold, he

was

called ben-bayit (son of the house), or ye! id

bayit (born in the house), or

ben-amah (son of the hand-

maid), these three terms being nearly or quite synonymous.

Something, by the way, should be said concerning


Num.
32.1-42.

250
the

THE JEWISH QUARTERLY REVIEW

mode

in

which these words have been rendered by the

translators.

so treated.

They are all compound nouns, and should be The versions, however, analyze the expressions
For

and translate the component elements separately.


instance, in Genesis 15.3

Abraham complains

to

God: "I
This, in

am

childless

and

my

ben-bayit will be

my

heir."

effect, characterizes

the relation as being a kind of qualified

adoption.
to be
is

The

versions render "one born in

my

house

is

mine

heir," ignoring the fact that

usually born in his house.

a man's own son The rendering should have

been: "I
heir."

am

childless
is

and

my

house-born slave will be

my

The word

used

in this sense in Ecclesiastes 2.7.

And
to release

so with yelid-bayit.

In Genesis 14.14

when Abram

enters into a campaign


his trained

Lot who had been captured, he armed


slaves

home-born

(hanikaw

y elide

beto),

pursued

and

defeated the ravishers.

The

versions again seem to miss


it.

the point, though A. V. senses

So too

in the

17th chapter of Genesis where the coveis

nant of Abraham

established.

The

12th and 13th verses

are careful to enforce the obligation to perform the rite

on

slaves,

whether miknat kesef or

yelid bayit.

The words
and
in Jere-

are used in the

same sense

in Leviticus 22.11

miah
keep

2.14.

In considering the position of the slave


in

we must always
to

mind that the Hebrews had a rooted aversion

the system.

To them

it

seemed an

institution "accursed" 4

and

this attitude

made

the lot of their slave essentially

different

from

his condition

forms of slavery persisting

among other nations and from to our own time.


that

The conspicuous
worship.

n. 9.25;

feature

contributed
in

to

his

betterment was his admission to participation

the family

Josh. 9.23.

STATUS OF LABOR IN ANCIENT ISRAEL

SULZBERGER 251

Tradition refers this custom to the most ancient times.

The covenant of Abraham was to be entered into not only by every male of the immediate family, but the master's
obligation

was

to enter every

male

slave. 5
in

The female
relationship.

slave (the

amah) was even


the

more intimate

She was often

daughter of Hebrew

parents.

Occasionally the master bought her either to

make
tion.

her his

tion of the

own wife 6 or the wife of his son. 7 The posiHebrew slave was not one of misery or degradathe 'ebed of

Eliezer,

Abraham,

is

called the ruler


it
is

(moshel) of

Abraham's
his

possessions. 8

He

who

is

en-

trusted

selecting

bv and procuring a

master with the all-important mission of


fitting wife for Isaac,

and when

he has found her, he presents her with rare jewels and

raiment which he had brought. 9

He

is

treated with the

consideration of an equal not only

by Abraham but by
slaves,

Laban.
Eliezer
ben-bayit.
10

was one

of

Abraham's home-born
found

An example
2.34, 35.

equally striking

is

in

Chronicles
in

Sheshan, a Judean magnate, gives his daughter

marriage to his Egyptian 'ebed Yarha.


'ebed,

Of course, as an
'ebed

he had been naturalized, but he was an

none

the

less.

The Book

of Proverbs (17.2) lays

it

down

that a wise

slave ('ebed maskil) shall not only be preferred to a profligate

son (ben mebish), but shall take the latter's share


father's estate with the upright brothers.

in the

These are not

mere instances

of

individual

kindliness.

They

are the

expression of rooted national convictions.

Among

the Hebrews the slave was not obliged to

struggle for recognition as a

human

being.

They

held in

abhorrence the views of other nations,


*Gen. 17.9, 11, 12, 13. 'Gen. 24.2.

like the

Babylonian,

Exod. 21.8.

'Exod. 21. Q.
'Gen.
;
I

Gen. 24.53.

252

THE JEWISH QUARTERLY REVIEW

as expressed or implied in the

Hammurabi

code, under

which the slave was a mere


kill

chattel,

whose owner could

him without

responsibility

because he was merely

destroying a piece of his property, the loss of which was


his

own and concerned no one

else.

Far other views were reflected

in the

Hebrew

laws.

Personal injuries to a slave were crimes punishable

by the

State.

If

a master

maim

his slave so that

he or

she loses a tooth or an eye, the slave goes free."

On

the subject of the slave's status in the


it

Hebrew

household,

may
The

not be amiss to quote a few passages

from the admirable Hebrdische Arch'dologie of Professor


Benzinger. 12
translation
is

ours:

"The

slaves were also part of the family.


Israelitish slavery,

In passing

judgment on

one

may

not start with the

prepossessions derived from contemplating

modern slavery
is

among

Christian

peoples.

There

practically

not enough difference between the position of the slaves

and that

of the other

us in expending compassion

members of the household to warrant upon them as if they were

miserable and unfortunate.


of the times,

...
was a

In the cultural state

Hebrew

slavery

blessing for both master

and servant."

"We
members

learn that the slaves were uniformly treated as


of the family, for

whose well-being the master

cared as for that of his children.

They were not mere


for their opinion

dumb
advice

slaves,
(1

but were often asked


9.6ff; 25.14ff)."

and

Sam.

"As member

of the family, the slave

was admitted

to

the family worship, wherefore he had to be circumcised.

Thereby, too, he became competent to carry on and to


inherit the family worship.
!. 21.26, 27.
"Ilebriit-.i

By

reason of this religious


und Leipzig, 1894)

he ArcMologii

von Dr.

J.

Benzinger (Freiburg

i.

B.

pp. 159

162.

STATUS OF LABOR IX ANCIENT ISRAEL


association, he received kindly

SULZBERGER 253
just

and fatherly treatment

as do to-day the slaves in Islam.

The

'brotherly feeling'

among members of the religion has never been whittled down to a mere phrase, as in the Christian world, but is a very real power." Thus far Benzinger. This favorable view of the condition of the Hebrew slave is, however, not universal. The dissenting opinion
seems to be based on one striking
text,

which has
principle.

in it

a
is

phrase singularly like the Babylonian

It

Exodus

21.20, 21

and reads:

"If a

man

smite his bonda rod and he

man
die

('ebed) or his

bondwoman (amah) with


if

under

his

hand, he shall surely be punished (nakom


he continue a day or two,
;

yinnakem).

Notwithstanding,
(Jo

he shall not be punished

yukkam) for he

is

his money."

From

this last phrase,

some have drawn the conclusion


Such a view
totally ignores the

that a slave was looked upon as a mere piece of property

and not as a

fellow-being.

legal provisions

above cited and counts them as naught.


"

The

cruel

words

he

is

his

money"

are accepted as over-

riding the whole course of the legislation.

These

critics

have overlooked the well-known fact

that speech and writing exhibit an extraordinary servility


to familiar
historic

words and phrases.


were

Laws and customs

of prein

ages

contemporaneously

summarized

pithy sayings and though such laws and customs were

from time to time changed and ultimately discarded, the


popular phrase enjoyed and enjoys a stupid immortality.

"He

is

his

money," when

it

was

first

uttered at a primi-

tive period anterior to the Pentateuchal legislation, was,

probably, a fairly correct statement of this particular social


relation.

In the lapse of time, the relation underwent a

profound change, but the phrase lived on and even now


survives in the text, as a pregnant reminder of archaic
history.

"

254

THE JEWISH QUARTERLY REVIEW


This
is,

by no means, the only instance

in the

Pentalegal

teuch of adherence to dead words and sayings. conception that a

The
when

man

violating the law should be adepre-historic

quately

punished, was, in

times,

the

law of retaliation represented the stage of development

which had then been reached, formulated


"Life for
life,

in

the maxim:

eye for eye, tooth for tooth, hand for hand,

foot for foot."

This became a current phrase and was


Needless to say,
in
it is

transmitted from age to age.

not a

statement of Pentateuchal law, and yet,


another,
it

one form or
In each
is

occurs three times

in the

Pentateuch. 13

of the cases

where

it

is

used,

punishment

of offences

provided

for,

but not the punishment that would be required

by the maxim. 14
This maxim was, among the Hebrews of three thousand
years ago, a mere phrase and yet
it is

to-day frequently

quoted as a summary of Hebrew criminal law.

There

is,

of course, a real difficulty in understanding


I

the text, a difficulty which no translation that

know

of

has overcome.

The words nakom yinnakem


"shall surely be punished."

are generally translated

Such an expression would be


It

without any definite or practical meaning.


neither the kind nor the

specifies

quantum

of

punishment and gives

no clue as to who

is

to administer

it.

The

probability

is

that the words constitute a technical law-term.

Rashi

mean "he shall die by the sword, ,s relying on the law of Num. 35.18: "If he smote him with a hand-weapon of wood whereby a man may die, and he
understands
it

to

died, he

is

a murderer; the murderer shall surely be put to

death."

He

opines,

however, that when death

is

thus

instantaneously produced by the master's chastisement of


"KxcxJ. 21.21. 24.
2.S;

Lev. 24.20; Dent. 19.21.


Tomicidt, pp. 119
/

"See
"Tli'

my Ancitnt Hebri

125.
>-

(the avenging iword)

Found Ln Lev. 26.25.

STATUS OF LABOR IN AXCIEXT ISRAEL

SULZBERGER 255

the slave, there must have been something more than the

customary rod wherewith masters were entitled to punish


slaves,

something answering to the expression

in

the

Num-

bers text, something which added a deadly quality to the


rod.

The

fair inference

from the text

is

that

when death
this

resulted immediately, the law

presumed that

deadly

quality

was present and


If,

this

presumption was not to be

contradicted.

however, the slave did not die on the

same day, the presumption did not hold and therefore the
master was not guilty of murder, he having exercised the
ordinary right of corporeally chastising his slave, and the
fact that

by the

slave's

death the master


the

lost a valuable

piece

of

property,

heightened

presumption

of

his

innocence of murder
follow.

when death did not immediately we need not


which
is

Under
accept
fortified

all

the circumstances
Benzinger's

hesitate to
strikingly

Professor

view,

by Kent and. Bailey


of

in their excellent

one-volume

"History

the

their words:

"The

Hebrew Commonwealth." These are chief claim of the Hebrew world to our

regard

lies in

the fact that the ideals of democracy which

to-day are winning acceptance


first

among
.

all
.

civilized races

developed
soil of

within

this

area.

."

"It

was

in

the

the barren steppe lands that encircle Palestine


tribes of the wilderness that the

and among the nomadic


seeds of democracy
first

took root".

"Their ideas
his duties to

regarding the fundamental rights of


his fellow

man and

were expressed
is

in definite laws, and all later

demothere

cratic legislation

largely
16

an unfolding of what

is

set forth in principle."

"From Israel has come Ten Commandments, which

a moral code based on the


expresses,
as

well as
to

mere
to

laws can, the fundamental duties of

man

God and

"History of the Hebrew Commonwealth by Albert Edward Bailey and Charles Foster Kent, New York, 1920, pp. 13 and 14.

256

THE JEWISH QUARTERLY REVIEW


It

his fellow-man.

sprang from an instinct for freedom


earliest

and brotherhood, perhaps the


most persistent manifestation
ancient peoples of the world.

and certainly the

of that instinct
It is this

among
is

the the

code that

basis not only of the constitutions

but also of the every-

day

life

of all the great democracies of the present day." 17

The most
to slavery
is

persuasive evidence of the Hebrews' aversion


is

that there

no mention anywhere that

in the

course of the conquest of Canaan, they reduced or en-

deavored to reduce any of the native peoples to slavery.


It
is

true their lands were taken from

them by the con-

querors, but they were neither exterminated nor driven out

nor enslaved.

To understand
correct view of the

the situation

it

is

necessary to get a

Hebrew

invasion of Canaan.

We

have

already mentioned that the

movement began not by marchDead Sea and

ing in a direct line for the coveted land, but to take as the

proper starting-point, the land east of the


Jordan.

The

inhabitants of that section were overcome


their base of operations.

and the Hebrews had thus acquired

In consequence of the action of the tribes of

Reuben and
in

Gad
all

(later joined

by the

half-tribe of

Manasseh)

waiving

claim to a share of Canaan, that coveted area was to

be divided
originally

among

a smaller

intended.

number of tribes than had been The two tribes Simeon and Levi
tribes, in the

were also excluded, and had no part, as


against

war

Canaan or
ancient

in

the division of the conquered land.


called

The

poem

"the

Blessing of Jacob"

seems to point to the exclusion of these two tribes from the


fellowship of the others,

by reason

of reprehensible conduct.

Their

doom
in

is

pronounced

in these
in

words:
Israel."

"I will divide


18

them

Jacob and scatter them

While we have no authentic


"Jbid.. p. 355.

details of the fate of the

"Gen.

49.7.

STATUS OF LABOR IN ANCIENT ISRAEL

SULZBERGER 257
it

Simeon

tribe, the great probability


its

is

that

was

disinte-

grated and that

members attached themselves

to

any

of the other tribes that they preferred or that were willing

to receive them.

Levi too ceased to exist as a

tribe,

though

it

finally

achieved a re-integration of a kind.


territory of
its

It

had not a

tribal
in

own, but

its

members obtained
It regained too

slices

sections of the other tribes.

a tribal con-

sciousness and reached a position of dignity as guardian


of the

law and of the sanctuary.

In the narratives of the


is

war neither Simeon nor Levi

mentioned.

Levi, however, obtains a favorable notice,


after.
it

in

accordance with events that happened long


its

The
was
is

reason for

non-participation

is

stated to be that

"to bear the ark of the covenant" and that "the Lord
his inheritance." 19

There were thus

left

but nine tribes that were to

share the land of Canaan


authorities evidently

among them.

The

military

made a

theoretical plan of the coun-

try, dividing it into nine districts, to the

conquest of each
Naturally
it

one of which a particular tribe was assigned.

the conquering tribe was to be settled on the territory

had acquired.
For the great enterprise which they were about to
undertake, the Hebrews had certain qualifications and per-

haps greater disadvantages.


ture

Their experience

in agricul-

was

in effect characterized as inadequate. in to possess


it,

"The land

whither thou goest

is

not as the land of

Egypt, from whence ye came out, where thou didst sow thy seed, and didst water
it

with thy foot, as a garden of


it, is

herbs; but the land whither ye go to possess


hills

a land of

and

valleys,
20

and drinketh water as the

rain of

heaven

cometh down."
Deut.
10.8, 9.

Deut.

11.10, 11.

258

THE JEWISH QUARTERLY REVIEW

And
be no

the contingency

is

foreshadowed "that there


shall
in the

shall

rain,
.

and the ground


." 2I

not yield her

fruit;

and

ye perish.
of

Moreover

many arts and

industries

Egypt they had not had a

large share.

They

had,

naturally viewed and admired the great works scattered

through that country, but their part


was,

in

adding to them,

according to our accounts,

humble.

"They

(the

Egyptians) did set over them (the Hebrews) taskmasters


to afflict

them with
store-cities,

their burdens.

And

they built for

Pharaoh
(the

Pithom and Raamses."


their

"And they
lives
in all

Egyptians)

made
in
field.

(the Hebrews')
in brick,

bitter

with hard service,


of service in the

mortar and
.
.

and

manner

," 22

Nevertheless, the prospect


ness.

was one

of great hopeful-

Canaan loomed before them


full of all

as a land containing

"great and goodly cities which thou didst not build and

houses

good things which thou didst not

fill,

and

cisterns

hewn out which thou

didst not hew, vineyards

and

olive-trees

which thou didst not plant."

"A good
and depths

land, a land of brooks of water, of fountains

springing forth in valleys and hills; a land of wheat and

barley and vines and fig-trees and pomegranates; a land of


olive-trees

and honey; a land wherein thou shalt eat bread

(lehem) without scarceness, thou shalt not lack anything


in it;

a land whose stones are iron and out of whose

hills

thou mayest dig brass." 23

And
and
in

they were to be the owners of this land wherein


in agriculture

they would prosper not only

but

in the arts

commerce.

Visions of imitating the glories of


in

Memphis and Thebes

a capital city of their own also

floated before their minds. 24

Confident of easy victory they gave

little

thought to

the natives whose lands they were to take.


"Deut. 11.17. "Dcut. 12.5-14. "Exod.
1.11. 14.

They would

Deut.

6.10. 11; 8.7. 8. 9.

21. 26; 14.23-25; 15.20; 16.2-16; 17.8-10; 18.6; 26.2; 31.11.

STATUS OF LABOR IN ANCIENT ISRAEL

SULZBERGER 259

straightway destroy "the Hittite, the Amorite, the Canaanite, the Perizzite, the Hivite

and the Jebusite." 25

There were, however, voices counselling prudence and


caution.

large settled population, they were warned,

could not be disposed of suddenly:


cast out these nations before thee

"The Lord thy God


by
little

will

and

little;

thou

mayest not consume them quickly,


field

lest

the beasts of the

increase

upon thee."

26

Moses did not


devolved on Joshua,
willingly followed.

live to cross

Jordan and the leadership

whom

the people, in eager anticipation,

In this mood, caution was thrown to


its

the winds.

The
go

cry was: "Clear the land of


in

inhabitants

and we

will

and enjoy
illusions.

it."

The

course of events

soon removed their

Joshua began by taking Jericho and destroying


with
all its

it

inhabitants, saving only


city of 'Ai he treated

folk. 2 ?

The

Rahab and her kinswith the same severity. 28


turn.

Thereupon the campaign took another


section
of

small

the natives began

to

be intimidated.

The

Gibeonites, despairing of resistance

by

force, resorted to

cunning and deception.


leaders of Israel

They

sent a deputation to the

and by

false representations

induced the

latter to agree to a treaty of peace. 29

This treaty was concluded under the belief that the


deputation
Israel

represented a territory beyond that which had planned to conquer, "a very far country," to

use their

own

words.
later the fraud

few days

was discovered and a great


dis-

popular clamor was raised that the treaty should be


regarded.
to revoke a

The

council, however, rejected these

demands
sworn

word solemnly

given, saying:

"We have
;

unto them by the Lord, the

God

of Israel

now, therefore,

we may not touch them." 30


Exod. 23.23.
28; Deut. 20.17.
8Josh. 8.26.

"Exod. 23.29; Deut.


Josh. 9.3-15.

7.22.

"Josh. 6.22-25.

*>Josh. 9-19.

260

THE JEWISH QUARTERLY REVIEW

At

this

point their

Egyptian experience suggested


in

the remedy.

They had been gerim


of

Egypt

3I

and as such

had been not only incapable


our modern states,

owning land, but had been

subject to feudal servitude, an incident of which was,


in
is

what
on

called the corvee,

the

liability

to be called for a certain time in each year to labor

public works.

In Egypt

it

was doubtless

called the mas,

the superintendents of the laborers on public works being

known
plural

as sare missim.

form

for a singular

The latter word was apparently a mas not used in the narrative.
sebel,

The
form

labors which these feudatories had to perform were

called siblot, 32 the plural


is,

form of

which word

in

another

in at least

one other instance, used to describe

was-labor. 33

The

result of the treaty with Gibeon, as modified,

was

that the Gibeonites lost their lands to the Israelites and

were moreover reduced to a condition not unlike the


peasants of the Middle Ages, that
is

to

become laborers on

the land, subject however in addition to being called upon


to

work

for the state


will

during a certain portion of the year.


let

"This we

do to them (the Gibeonites) and So they became hewers


to
kol

them

live;

...
And

of

wood and
public
.
.

drawers of water
service.) 34

ha-'edah."

(Meaning:

Joshua's speech to the deputation

is ".

There
of

shall never fail to

be of

you bondmen, both hewers


the

wood and drawers

of

water for

house of

my

God." iS

And
new

they acquiesced. 36

This treaty with Gibeon became the key-note of the


policy.

The sanguinary

project of exterminating the


of driving

natives and the

more moderate purpose


It

them

out were both abandoned.


natives should

was now resolved that the

be reduced to the condition which the


Deut
10.19; 23.8.

"l-.xod. 22.20; 23. <>; I.ov. \<).M;

"Exod.

1.11.

Gen. 49.15.

"Josh. 9.20. 21.

"Josh. 9.23.

"Josh. 9.25-27.

STATUS OF LABOR IN ANCIENT ISRAEL


Gibeonites had submitted
(landless)
to.

SULZBERGER 261
to

They were

become gerim

and subject
tribes

to the mas.

were now ready to go on with the tasks severally assigned to them. Their successes were at first

The

not complete nor even very important.

Not

until

the

Northern tribes had formed a union and acted together


did they succeed in subduing the natives and relegating them to the position of gerim subject to the mas. The

account

is

set forth in the

Book

of Judges. 37

While eight

of the tribes,

namely Manasseh, Ephraim, Zebulun, Asher, Naphtali, Dan, Judah and Benjamin had at least won some triumphs before the union of the tribes, Issachar had

The record in Judges is silent on this humiliating event. Our information, on the subject, is obtained from the ancient poem called the Blessing of Jacob, which
totally failed.

contains this remarkable passage:

"Issachar

is

a large-boned ass,

Couching down between the sheepfolds. For he saw a rest-place that it was good,

And the land that it was pleasant, And he bowed his shoulder to bear And became for mas-' obed." i%

(lisbol)

We
among

have here the story of the only complete


the

failure

invading forces.

Instead of subjecting the

natives to the
treaties of

mas

'obed as did four of the tribes, or

making

amity with them,

as did four other tribes, Issachar

was

overcome and made subject to the mas-' obed by the natives of the district. The prosperity and comfort
itself

enjoyed by the tribe


of lofty

in its

contempt

for

spirit so

new home is described in a tone mean as to be satisfied

with subjection however profitable.


It is

only just to the


in

memory

of the Issachar tribe,


it

to

remember that
'Jud. 1.19-25.

the decisive battle with Sisera


49.15.

showed

"Gen.

262

THE JEWISH QUARTERLY REVIEW


it

that

had redeemed
its

itself.

In the great ancient

poem

of

Deborah 39

achievements are lauded:

"And

the princes

of Issachar,

were with Deborah; As was Issachar, so was


his feet." 40

Barak; Into the valley they rushed forth at

The accepted opinion seems to be that Barak, the general of the Hebrew army, and the victor in that glorious combat,

was

of Issachar,

and

it

has even been suggested by


herself

respectable authority that


tribe.

Deborah

was

of that

The

fact that

Tola of Issachar was one of the

shofetim of Israel 41 attests the regard in which the tribe

came

to be held.

The poem
more or
less

further shows that the isolation of these

northern tribes had gradually yielded to a desire for a


intimate unity, and that this confederacy was

known
It

as Israel or Beth Joseph.

was doubtless
'obed

after this

had been accomplished,

that the conquest of the north country was completed and


the

mas

was imposed on
in the land.

all

the indigenous inhabitants


of

who remained

That some

them emigrated

to the Judaic or southern territory

would appear from a

casual statement in Chronicles, in the account of Hezekiah's

Passover. 42

Enumerating the
it

classes

of

participants in

that high festival,

mentions "the gerim that came out


in

of the land of Israel

and dwelt

Judah."

The

attraction,

probably, was that in Judah, they were not subject to the


mas-'obed. Ai

Whether some emigrated


do not inform
us.

to other countries our records

No

conjecture on this point should

omit to consider the scanty means of transportation at the


time and the improbability of a great mass of people find"Jud. 5.1-31. ojud. 5.15.

"Jud.

10.1.

Chron. 30.25.
successful stand against the

"The

natives of the South country

made a more

invader- than did those of the North. "Judah could not drive out the inhabitants of the va they bad chariots of iron," (Jud. 1.19), a significant forerunner of the effect of using tanks in tin- great world-war. "And the children of Benjamin did

not drive out the

Jerusalem; but the Jebusites dwelt with


(Jud. 1.21.)

the children of Benjamin in Jerusalem, unto this day."

STATUS OF LABOR IN ANCIENT ISRAEL


ing

SULZBERGER 263

employment or sustenance

in

strange places within

their reach.

The

situation, however, presented another aspect far

more important than mere passion or sentiment.

The Hebrews had suddenly come into control of a country whose land they divided among themselves and A relatively small numthis land had to be cultivated.
ber were capable farmers.
practising
all

sorts of

Moreover the natives were industries which the Hebrews had


in the

not mastered.

The statesmanlike genius evident ment did not, at this crisis, fail. The
solution

whole move-

proposed,

adopted

and carried

into

effect was that the native population, as a whole, sliould remain where they were. True, they lost their land-holdings

to the Hebrews.

They

did not however lose their

skill

or

industry,

and these qualities were absolutely needed to and develop the country. The precise terms maintain
of the understanding are of course inaccessible to us, but

we have enough information


them.

to obtain a general idea of

That the

relations of

Hebrews with the

ger

were quite

friendly, perhaps too friendly, appears sufficiently from

the traditions.

We

are told that "the children of Israel dwelt

among

the Canaanites, the Hittites, and the Amorites, and the


Perizzites,

their

and the Hivites and the Jebusites; and they took daughters to be their wives, and gave their own
gods."-' 4

daughters to their sons, and served their


Ezekiel, perhaps in a
tradition thus:

mood

of irritation, quotes the


is

"Thine origin and thy nativity

of the

land of the Canaanite; the Amorite was thy father, and

thy mother was a Hittite." 45


Jud.
3.5.

"Ezek.

16.3.

264

THE JEWISH QUARTERLY REVIEW

And Ezra
the tradition. 46

speaks as

if

the events of his time bore out

Let

us,

however,

first

ascertain
called.

non-Hebrew population was


multifarious

by what name this As they had become


social

an element of the whole Hebrew

structure,

the

names

of

the relatively small

groups into

which they were divided would soon be abandoned.

new name would be


That name was
and sometimes as a

applied to

them

to designate their

whole body as against the body of Hebrews.


ger,

used sometimes

in

the singular
its

collective

noun, though

plural

form gerim was also used.


the reason.
Israelites

little reflection will

supply

Those natives were strangers

in

blood to the
inter-

and there had been no acquaintance or


In those early ages,

course with them.

when

consciousness
all

of blood-relationship

produced

tribal

bodies,

outside

the ranks were strangers indeed.


ites

When

the body of Israel-

was brought

in

intimate contact with the body of


felt

natives, both of
other.
integral

them

that they were strangers to each

The

fact that the natives


in

would soon become an


to

body

close

relationship

the activities of
first

the

new Hebrew

nation could not at

mitigate the

strangeness in blood, in experience, in activities and in


religious

practices.

Moreover

their

national

experience

supplied a precedent.

Egypt

for centuries in relations

Though they had been settled in somewhat similar to those


in

which they now imposed on the Canaanites, they always


viewed themselves as having been gerim
It

Egypt. 47

behooves us now to return to the other classes

called strangers

by the

versions.

First

among

these

was

the nokri.

Him, the Hebrews looked upon as the

hostile,

the unmitigated alien.

Here are instances:


Ezra o.i,
2.

"Exod.

22.20; 23.9; Lev. 19.34; Deut. 10 19

STATUS OF LABOR IN ANCIENT ISRAEL


1st.

SULZBERGER 265
abhorred by the

There were two kinds of

flesh

Hebrews, that which dieth of

itself

(nebelah)

and that

which

is

torn of beasts (terefah).


nebelah, odious as
it

The
nokri.**

was, might be sold to the

nebelah.

The terefah was still more objectionable than the The antique law was that it should be cast to
There
is

the dogs. 49

ground

for the

assumption that the

rigidity of this rule was, in the course of time, relaxed,

since an express ordinance forbade the eating of the terefah

by Hebrew or by
that
it

ger. 50

It

is

not hazardous to conjecture

might be given or sold to the nokri, no allusion to


in this prohibitive ordinance.

him being made


2d.

3d.

No An

ben-nekar could eat of the Passover. 51


Israelite

was not allowed


'.

to offer for sacrifice

an animal procured from a ben-nekar


4th.

52

The taking

of interest or increase for


is

money

or

goods loaned to another

a highly objectionable act,

but

it is

nevertheless allowed in the case of a nokri. 53

5th.
6th.

No

ben-nekar should be allowed in the Temple. 54


is

Perhaps the most emphatic example

presented

by the spontaneous exclamation


his journey.

of the Levite while


it

on
to

When

night

fell

and

was necessary

find shelter, his

companion pointed out a

city that lay

before

them

as a convenient stopping-place for the night.

The

Levite, horrified, replied:

"We

will

not turn aside

into a nokri city!" 55


7th.

Isaiah

reproaches Judah and Jerusalem


in the

that

"they please themselves


8th.

brood of nokri." 56
in

Zephaniah denounces those who wear clothes

nokri style. 57
9th.

Obadiah looks upon nokrim as mere


Lamentations does the
like. 59

pillagers.

s8

10th.
"Deut.
J

14.21.

Lev. 22.25. "Isa. 2.6.

Exod. 22.30. Lev. 17.15. "Exod. 12.43. "Deut. 23.21. "Ezek. 44.7, 9. "Jud. 19.12. "Zeph. 1.8. "Obad. 1.11. "Lam. 5.2.

266

THE JEWISH QUARTERLY REVIEW


11th.

their

The 114th Psalm says of the bene nekar that "mouth speaketh falsehood, and their right hand is
of Proverbs looks

a right hand of lying." 60

The Book
and degenerate.
nokriyah.
61

upon them as degraded


is

The depth

of

infamy

reached by the

The worst
filled

fate that can befall a

Hebrew

is

that the

nokri or zar shall enjoy his substance,

that "zarim be

with thy strength and thy labors be in the nokri's

house." 62

And
children; 63

a Hebrew has sunk low indeed


his brethren

when he has
his

become muzar unto

and nokri unto

mother's

when the garim of his house and look upon him as a zar and a nokri. 64
While common opinion was
the law, in a measure, reflected

his

amahot

hostile to the nokri,


it,

and

since the education of

a whole people in
loftier spirits

new

ideas

is

a slow process, there were

whose souls were unhampered by prejudice.

These had that wider vision which looks without fear into
a distant future nobler and freer than the present.

They

foresaw a time
brother.

when

the hated nokri should

become a
not of thy

In the prayer of Solomon at the dedication of


of "the nokri that
shall
.

the

Temple he speaks

is

come out of a far country for Thy name's sake when he shall come and pray toward this house" and his supplication is: "Hear
people Israel,
.
.

when he

Thou
all

in

heaven,

Thy

dwelling-place and do according to

that the nokri called to

Thee
" 65

for;

that

all

the peoples of

the earth

may know Thy name


. .

to reverence

Thee

as doth

Thy

people Israel.

In the magnificent vision of Isaiah, he sees kol ha-

goyim

(all

the foreign nations) "at the end of days" flock


"Prov. 2.16; 6.24;
7.5; 20.16; 27.13.

Psalm

144.8, II.

"Prov. 5.10; Ecclcs. 6.2. M Kinits 8.41; 2 Chron.

"Psalm
6.32.

69.9.

"Job

19.15.

STATUS OF LABOR IN ANCIENT ISRAEL


to the

SULZBERGER 267
God
of

Temple and pledge

allegiance to the

Jacob

and "they

shall beat their

swords into plowshares, and


lift

their spears into pruning-hooks; nation shall not

up

sword against nation, neither


more." 66
the

shall

they learn war any

And Micah
61

foresees the

same happy

result in

end of days,

meaning, according to Margolis, 68 the

Messianic era.

When we

reflect that these

messages were delivered

twenty-five centuries ago and view conditions as they are


to-day, the long postponement of the

happy time

is

fully

vindicated.

The broad views above

cited concerning the

nokri

may be supplemented by an
character.
It will

incident of the

most interesting

be remembered that Israel determined not to

make

its

attack on Canaan from the south, but to estab-

lish its

base of operations east of Jordan.

The

direct route

to the desired point lay through the territory of

Edom.

At

this

point Moses exhibited a regard


is

for international
for that

law based on ethical principles, which


early time.

amazing
in

The

narrative

is

related

the twentieth

Chapter of Numbers:

of
in

"Moses sent messengers from Kadesh unto the King We are Edom. Thus saith thy brother Israel.
.
. .

Kadesh, a city
I

in the

uttermost of thy border.


;

Let us

pass,
field

pray thee, through thy land we

will

not pass through

or through vineyard, neither will


will

we drink

of the

water of the wells; we

go along the king's highway,


left,

we

will

not turn aside to the right hand nor to the

until

we have passed thy border."


said unto him:

And Edom
"Thou
"Isa. 2.2-4.

shalt not pass through


"Micah 4.1-4. Commentary on Micah,

me,

lest

come out

"Margolis'

pp. 42, 43 (J.P.S., Philadelphia, 1908).

268

THE JEWIAH QUARTERLY REVIEW

with the sword against thee."


said unto him:

And

the children of Israel

"We
thy water,
let

will
I

go up by the highway, and

if

we drink
no hurt."

of

and

my cattle,

then will

give the price thereof;

me

only pass through on

my

feet; there is

"And he said, Thou shalt not pass through. And Edom came out against him with much people and with a strong hand. Thus Edom refused to give Israel passage through 69 his border; wherefore Israel turned away from him."
The
Sihon.

object to be attained

was practicable by a march

through the territory of the Amorites whose King was

Moses then sent


similar to that

to Sihon, a message substantially

which had been sent to Edom, omitting

of course to call Israel brother to the

Amorite because

they viewed each other as strangers whereas the Edomite

was looked upon


ancestor Jacob.

as descended

from the brother of

Israel's

Sihon, however, not only refused to grant the request

but gathered his army and attacked

Israel at Jahaz.

"And

Israel

smote him with the edge of the sword


from the Arnon unto the Yabbok

and possessed
children of
cities

his land

even unto the children of

Ammon
Israel

was

strong.

Ammon; for the And Israel

border of the

took

all

these

and

dwelt

in all the cities of the

Amorites, in

Heshbon, and

in all the

towns thereof.

For Heshbon was

the city of Sihon the King of the Amorites,

who had
all

fought

against the former King of

Moab and

taken

his land

out of his hand even unto the Arnon."

"Thus

Israel

dwelt

in

the land of the Amorites." 70

The
nokri,
ger.
is

aloofness of the great


in striking

mass

of

Hebrews from the

contrast to their position towards the

Num.

20.14

.'i.

Num

21.22-31.

"

STATUS OF LABOR IN ANCIENT ISRAEL

SULZBERGER 269
in the

We

have already advanced the hypothesis that the


land and
subject
of the conquering Hebrews,

bulk of the native population remained

became feudatories
likewise to the
called

mas

or corvee, which

is

the liability to be

on to labor on public works


ger

for a limited period.

That the
force of

was an important

factor in the laboris

the Hebrew commonwealth

amply attested by

the records.

We

have, for instance, this narrative:


is

Moses

represented, as having, near the close of his

career, addressed all Israel, reciting at the

same time the


"All the

several classes composing the nation,

71

to wit:

men
that

of Israel,
is

your

little

ones, your wives,


the

and thy ger

in the

midst of thy camp, from

hewer of thy wood

unto the drawer of thy water.


If

the ger here referred to had been merely alien outit,

siders visiting the country or temporarily sojourning in

there would have been

little

reason to include them as an

important element of the people on this solemn occasion.

There would have been even


possessive pronoun

less

ground
ger.

for using the

and

calling

them thy

This posses-

sive expression implies not only close relationship,

but also

superiority, a

power of command, which would be inapprobetween employers

priate to express the condition of friendly visitors, but

would aptly characterize the

relation

and employees.

We

are not however compelled to rely

on inference alone.
dition,

The phrase added

defines their con-

they are the "hewers of wood and drawers of water,"

a popular expression describing any kind of

common

labor.

There are other instances

of a similar use of the word.


in

The Sabbath commandments

Exodus and Deuteron-

omy

72

direct the master to prohibit

work on the Sabbath

not only by his family and his slaves but "by thy ger that
"Deut.
29.1, 9,[10.

"Exod. 20.10; 23.12; Deut.

5.14.

270

THE JEWISH QUARTERLY REVIEW


Such a command
is,

is

within thy gates."

of necessity,

addressed to an employer

who might

otherwise exact

Sabbath service from an


worshipper of the

alien

employee who was not a

God

of Israel.
is

similar prohibition

contained in the ordinance

commanding the observance of the tenth day of the seventh month (Atonement Day). 73 More striking still is the language attributed to Moses in charging the judges: "Hear the causes between your
brethren and judge righteously between a
brother and (between a man) and his ger." 74
to imagine causes of contention with
differences
arisen.

man and

his

It is difficult

mere strangers, whereas

between employer and employee have always


here again
ger).
it is

And

necessary to note the possessive

pronoun (his

The

unsophisticated historical evidence seems

con-

clusive of the matter.

Solomon, intent on increasing the


magnificent
building

splendor of his reign, entertained

schemes.

He

built not only the

Temple but constructed

the fortifications of Jerusalem, the royal palace and other

notable structures.
nether,
cities. 75

Baalath,

He also built Gezer, Beth-Horon the Tadmor in the wilderness and other
was doing what
and projected.
of

In carrying on these projects he

his father,

King David, had dreamed

Needless to say, the work required a large force of


laborers,

and the only practicable mode


Palestinian
this clearly

of obtaining to

them
which

was by the enforcement


the conquered

of the mas, the corvee

natives

had been subjected.

David had seen

and had begun by systematizing


its

the institution putting at


ability,

head a

man

of extraordinary

Adoniram, whose
1*

office is

described as being "over


call

the

mas"

what

in

modern parlance we would


in "I Kings 9.15-19;
Chron. 8.1-6.

"Minister of Labor"
"Lev. 16.29.
'2

the King's Cabinet, which position


2

"Dent.

1.16.

Sun.

20. !4.

STATUS OF LABOR IN ANCIENT ISRAEL

SULZBERGER 271

77 he continued to hold under Solomon and under the latter's 78 a period of remarkable length, successor Rehoboam,

seeing that the duration of Solomon's reign


forty years 79 to which

was about
office

must be added the time he held

under David and under Rehoboam. David's first step was to take a census

of all the gerim


cir-

men
jects.

in

the land of Israel.

80

There were, however,


his

cumstances which hindered him from realizing

pro-

Under Solomon everything was ready.

Adoniram

took a new census of these gerim men, and their number was found to be 153,600, from which figure it is fair to
infer that the

whole ger population of

Israel

(women and
of a million.

children included)

was perhaps three quarters

We

are not left in doubt as to


is

who

these gerim were.

The account
and the

explicit:

"All the people that were left

of the Amorites, the Hittites, the Perizzites, the Hivites

Jebusites,

who were not

of the children of Israel;


in the land.
." 8l
.

even their children that were left after them

The census being completed the next step was to levy the mas. The architects needed 10,000 men to work steadgerim. ily, and these were to be taken from among the As has already been said, these gerim were employed by
the Israelites, the
tural

men

of the northern section, in agricul-

and other

labors,

though their largest and most

important industry was agriculture.

The mode

in

which the mas was

levied,

was somewhat

complicated and that for good and sufficient reasons. The Israelite farmers needed the gerim and deprivation of their
service entailed loss

and hardship.
as possible,

To

reduce these disthis

advantages as much

Adoniram devised

scheme

The

150,000 gerim

men were

divided into five sections

78 1 Kings 12.18; 2 Chron. 10.18. "1 Kings 4.6; S.28. "Solomon's reign is given as forty years in 1 Kings 12.42. 8I 1 Kings 9.20. 21; 2 Chron. 8.7, 8. *>2 Chron. 2.16

272

THE JEWISH QUARTERLY REVIEW

of 30,000 each.

The

first

year one of these sections was


for the second year,

drafted; another section

was drafted

and so on, one section for the third, another for the fourth

and another
bers of

for the fifth year.

It followed that the

mem-

any

one of these sections were not subject to be

called for a second

term of service
first

until the fifth year after

the expiration of their

term.

These sections
required

of 30,000

men were
Each

thrice the

number

by the

architects.

section

was therefore
each of these

subdivided into three sub-sections of 10,000 each, the latter


being the

number

required.
to the

It followed that

sub-sections

was held

work

for only four

months

in

each year.
siderable
in the

To

deprive the Israelite employer of a conof his

number

workmen

for four successive

months

year would have been a serious hardship.

The matter
of 10,000

was therefore so arranged that each sub-section

men

work not by continuously working for four months, but by working one month out of every
should do
its

three in the year of their service, so that each individual

worked

in the public service


is

a total of four months

in five

years, that
of his time.

one-fifteenth or six

and two-thirds per cent

The outstanding

feature of this

mas levy was that

it

did not include the southland, the territory of Judah and

Benjamin, while most of the magnificent structures to be


built

were to be located

in the latter.

Solomon appointed

as Adoniram's chief deputy in Israel, a northerner of the

northerners, Jeroboam ben Nebat, an Ephraimite. 82

He
and
all

is

described as a gibbor hayil (a mighty


untiring industry,

man

of valor)

of

and he was given charge "over

the

labor of beth-Joseph" (the northland).


fully

Instead of faith-

performing the duties of his


to

office,

he did his best to

rouse opposition
119, note.

the enforcement of the mas.


Adam

His

"1 Kings 11.26; George


l>.

Smith's Historical Geography of the Holy Land,

STATUS OF LABOR IN ANCIENT ISRAEL

SULZBERGER 273

treachery being disclosed, he fled to Egypt where he re-

mained

till

Solomon's death. 83
of

Though the discontent


relieved,

Northern

Israel

was not

Solomon's reign was so imposing that no out-

break resulted.

The work went on without


most
flattering character.

disturbance,
of

and the

results were,

as regards the reputation

the

Kingdom,

of the

At Solomon's death, however, the


returned to Palestine and resumed

rebel

Jeroboam
Solomon's
his

his activity.

son and successor, Rehoboam, was of a type far inferior


to his celebrated father.

career

he blundered.

From the very beginning of The discontented northerners


relief

at

once approached him and demanded

from the mas.**


haughtily

Jeroboam was
refused,

their

spokesman.

Rehoboam

whereupon the northerners


tents,

raised their old warrebelled.

cry

"To your

Israel," 85

and openly

Reho-

boam, unable

to grasp the situation, sent poor old

Adoniram

to the north with orders to enforce the

mas

relentlessly.

He was

killed in the attempt, the


its first

Northland seceded, Jero-

boam became

king, Jerusalem

was repudiated
86

as

the capital and Beth-el was set up in

its place.

Thus the kingdom was


B.C., for

finally divided in the

year 933

a grievance which the Northerners had endured

for decades.

The mas which took from

the employer six

and two-thirds per cent

of his gers working-time

was

scarcely sufficient of itself to warrant the drastic step of


secession.

There was undoubtedly a

feeling that the

South
in

was getting an unfair advantage


ing

of the

North not only


in

monopolizing the results of this labor, but


its

not contribut-

proportionate share thereof.

Added

the tactlessness

of Rehoboam and the audacious ambition of Jeroboam,

and there were ample materials to produce a cataclysm.


"1 Kings 11.40. 36 1 Kings 12.29-33;

"I Kings

12.3, 4.

Kings

12.14, 16.

Amos

7.13.

274

THE JEWISH QUARTERLY REVIEW

One
that

curious feature in connection with this subject


scholars understand the texts to

is

many

mean

that

the Israelites themselves were drafted for public work and


that this was the cause of the revolt.
there
is

For
is

this opinion

no semblance

of authority.

There

not the slightcorvee,

est hint that

they were ever made subject to the

whereas

all

the texts concur in stating that the gerim were

so subject.

When

the text

tells

us that

Solomon

levied a
their

mas on

kol-yisrael, it plainly

means that he drafted

employees and thus imposed a tax on the employers. 87

We may
raries,

assume that people three thousand years ago


that, then as now, they bandied charges that

were not more eager to pay taxes than are our contempo-

and

the taxes were unfairly levied, that they were excessive

and that the products were unevenly


This aspect of the case

distributed.
critics

many commentators and


in

have overlooked and have

consequence invented the

imposition of the corvee on the Israelites themselves, in


the belief that nothing less than a severe personal grievance

could have produced the great rebellion.


In the next lecture

we

will further consider the ger.

'!

Kins* 9.20-22;

Chron. K.7-9.

STATUS OF LABOR

IX

ANCIENT ISRAEL

SULZBERGER 275

II

In the previous lecture the gerim were depicted as a


great, perhaps the great labor force of the

Hebrew common-

wealth.
strangers,

Though described by

all

the Bible translators as

the difference between them and the zarim and

the nokrim,

who

are also called strangers

was dwelt upon.

In addition to these classes there were two other classes


of so-called strangers mentioned,

namely the Toshab and


our next problem.

the Sakir, to investigate

whom

is

About them there


divisions of the ger.

is

no mystery.

They

are mere sub-

When

the natives were reduced to feudatories they

had to face abnormal conditions.

The majority
is

of

them
of

were farmers but an important minority carried on other


trades.

The Hebrew vocabulary


1

rich in the

names

such occupations.

The conquest had deprived the natives of their landMost of them had families to support. The holdings.
The following list, which is far from complete, will show occupations of the inhabitants: (Cant 7.2) is a master-workman, an artist. The Omman (Hosea 7.6) is a baker. The Ofeh (Isa. 19.9) is a weaver. The Oreg

how

varied were the

The Boneh The Mekareh The Gallab The Dayyag


or

(2 Kings 22.6) (Psalm 104.3)

is

a builder.

"

(Exek. 5.1)
(Isai. 19.8)

is

is

a barber. a fisherman.
"

The Dawwag The Hobel The Mallah The Hobesh The Rofe The Harash

(Ezek. 47.10)
(Ezek. 27.9)

is

a
"

sailor.

(Ezek. 27.29)
(Isai. 3.7) is

(2
(1

Kings 20.5)

a surgeon. is a physician.

(2 (2

Sam. 13.19) is a metal-worker. Sam. 5.11) is a wood-worker. Sam. 5.11) is a worker in stone.

276

THE JEWISH QUARTERLY REVIEW


utilize their

obvious resource was to


for the victors.

knowledge by working
in the best condition.

The

latter

were not

They had not They needed


result

the requisite

number

of skilled farmers

and

artisans to carry on the variegated business of the country.

the labor of the dispossessed natives.

The

was an arrangement whereby the bulk

of the native

population remained where they were. They became


as employees on the land of which they

settled

had been the owners.


{settled,
sit

And
word

these settled gerim were called toshabim


related to yashab, to
sit,

just as in English,

and

settled

are related).

They were not employed


and
their

for a season

or for a limited period, but they

progeny after
peasant

them were

to be on the land indefinitely

a settled

population.

That a minority

of the natives, especially the artisans

and the unmarried men, were reluctant to enter into such


a service was only natural.

They

preferred to

work

for a

period expressly limited and to be paid daily wages.

These

The Hosheb

(Exod. 28.11) is a gem-engraver. (Amos 6.5) invents musical instruments. (Exod. 31.4; devises artistic constructions. (Exod. 26.1) develops artistry in weaving. (2 Chron. 26.15) invents engines of war.
(1

The The The The The The The The

Tabbah Tohen
Yoser

Sam.

8.13)
is

is

a cook.

(Jud. 16.21)
(Isai. 23.8)
(Isai. 24.2)

a miller. a potter.
is

(Isai. 41.25) is

Kena'ani

a trader.

Moker
Sober Rokrl

(Gen. 23.1 6)
(1

Kings 10.15)

"

Kobes The Masger


\talbish
fcr
1

(Isai. 7.3) is a fuller,


(2

a washer.

Kings 24.14)

is

a locksmith.

(Jer. 24.1) a
Tli-

smith.
ifl

(2
(1

Sam.
Kings

1.24)
4.3)

;i

clothier.

is

a writer.

mel

(Jud. 5.26) works with a


(Jer. 16.16)
Ii

hammer; the laborer


Na. 40.19; Neh.

in general (Prov. 16.20).

The Sayyad
ThtSortf

a hunter.
10.9, 14;
3.8, 32) is a smelter, a
i

(Jud. 17.4;
a goldsmith.

[er,

The Rokeb
The Rakkab The Rokmh

(Jer. 51.21)

drives a chariot.

or
I

Kb
SO

(Txo.i

timer.

STATUS OF LABOR IN ANCIENT ISRAEL


constituted the sakir class of the
ger.

SULZBERGER 277
of a sakir s

The term

2 work-contract was called yeme sakir or shene sakir. 3

While

ordinarily yeme sakir

would mean sakirs days, yet the


usual meaning of day, also signifies

word yom besides


time,

its

instances of which

meaning are given


It
is

in

Brownused

Driver's
here,

Hebrew
it

Lexicon. 4

in this sense that it is

and

indicates that the sakir

was

hired, not

from

day

to day,

but

for a fixed period.

And

this fixed period

was, in

the beginning, more than one


s years)

year, as the expression

shene sakir (literally sakir


is

shows.

The

probability

that the term of his


fairly

employment was

for three years.

So may

be understood the injunction to a master

releasing his

Hebrew slave at the end of six years (which was the limit of a Hebrew slave's service) on the expiration
of

which he was to go out


"It shall not

free.

These are the words


thee,

(A. V.)

seem hard unto


for

when thou sendest

him away

free

from thee;

he hath been worth a double

hired servant {sakir) to thee in serving thee six years." 5


It
is

true that

many modern

scholars haughtily reject

this view,

but

it is

that of Ibn Ezra,

who

fortifies

it it

by

Isaiah's

words

in foretelling the

doom

of

Moab, and

may

well be accepted:

"Within three years, as the years of a sakir {shene


sakir)

and the glory


probability

of
is

Moab

shall

wax

contemptible." 6
cir-

The

that in the course of time, as

cumstances changed, the three-year term of the


Lev. 25.50; Job 7.1; 14.6.

sakir'

Deut. 15.18. P. 209 - 6. Isa. 16.14. Notwithstanding my repugnance to entering upon the slippery path of textual criticism, I venture in this connection to make the suggestion that the text originally read, not mishneh sekar sakir, but mishneh shene sakir. That an ancient scribe, who has since been uniformly followed, might easily have made this blunder, plainly appears when we reflect that he had three words to copy, that he kept these in mind, and that the middle word was closely related to theirs*. While writing he made it closely related to the third instead of the first, a mistake the like of which many of us have made since Had he acted otherwise than mechanically, he could not have escaped the his day. reflection that the wage of the sakir was paid every evening, while the reward of the 'ebed was principally, if not altogether, in kind, and could bear no analogy to the sakir's
daily

wage payment.

Isa. 16.14.

278

THE JEWISH QUARTERLY REVIEW


This

contract was reduced to one year.

may

fairly

be

inferred from the expression used concerning the term of a

Hebrew who has


Instead of being

sold himself as a slave to a ger we-toshab.

doomed

to perpetual servitude he

must be

viewed as a sakir shanah be-shanah (a sakir from year to


year). 7

Our

thesis that the ger

were composed of the two


records.

classes toshab

and sakir seems provable from the

They

are grouped together in several instances in a


in status.

way that shows their close connection

A striking example
tant Pesah statute,
sanct, in
is
8

of this

is

to be found in the impor-

which commands a ceremony sacroof the

commemoration

Exodus from Egypt.


eschewed.

It

therefore of special concernment to Israelites


it

and par-

ticipation in

by

non-Israelites

is

As there

are

many

of the latter connected with Israel, the relations

of the several groups are carefully defined.

The groups

spoken of are the following:


a)

b)
c)

d)
e)
f)

g)

The whole congregation of Israel 9 The ben-nekar (the unmitigated alien) 10 The miknat kesef (purchased nokri slave) The toshab and sakir 12 The ezrah ha-ares * The 'are! (uncircumcised) 14 The ger IS
1

11

Superficially read, there


of outsiders.

would appear to be

six

groups
is

Careful examination shows that there

not

so great a number.

The ultimate

test

is,

that one

who
(the

has not been initiated into the covenant of


'arel),

Abraham

may

not eat of the Paschal lamb.

This condition
the case of the

of inadmissibility was, of course,

normal

in

ben-nekar, the
7 Lev. 2.S..SJ5. Exod. 12.47.

man who was and would remain


Exod.
ch. 12

a complete

and the Supplement thereto Num. 9.1-14.


"Ibid. 12.11. "Ibid. 12.45.

H.
"Ibid. 12.48.

"Ibid. 12.48, 49.

"Ibid. 12.48.

STATUS OF LABOR IN ANCIENT ISRAEL


outsider.

SULZBERGER
it

279

The miknat

kesef

was a ben-nekar by

origin,

but according to the traditional custom,


of the

was the duty


to par-

master to
16

initiate his slave

whether house-born or

purchased

and hence the ordinance admits him


initiation. 17

ticipate after such

The

toshab

and sakir are here named together, and

their participation in the Paschal

ceremony

is

forbidden.

Respecting them there would appear to be no alleviation.

And

yet such a state of affairs seems highly improbable.

The purchased nokri slave, may, after complying with the


condition, join in the festival.
slave not a

Respecting the house-born

word

is

said because his initiation into the

Covenant

is

assumed as a matter unquestionable.


and sakir work by
in

The
master.

toshab

their side for the

same
would

Keeping

mind the imitative and


it is

assimilative

qualities of

humankind,

incredible that they

not want to do what not only the master did, but what
the slave,
of doing.

whom
It
is

they looked down upon, had the privilege


equally improbable that the ordinance
toshab

would sternly exclude the


willing to leave the
so.

and the sakir

if

they were

'arel class.

Nor did the ordinance do


the admission of him-

When
and
his

it

permitted the

ger, after

self

males into the Abrahamic covenant, to partake


it

of the Paschal lamb,

was merely substituting the term


and
sakir.

ger for its species, toshab

Bertholet,

who

has

studied the subject more closely perhaps, than any other

commentator,
"Vielmehr
subsumiert." 18
If

is

of this opinion.

These are

his

words:

ist ger

der Allgemeinbegriff, unter den sich toshab

these views are correct

it

would follow that the only

class absolutely inadmissible to participate

was the

nokri,

the ben-nekar, the hostility to


iGen. 17.13.

whom was

dwelt upon in

"Exod.

12.44.

"Bertholet, Die Stellung der Israeliten und der Juden zu den Fremden, p. 159.

280

THE JEWISH QUARTERLY REVIEW

the preceding lecture.

Though
While

the gerim, whether toshab

or sakir could join in the festival, they were perfectly free


to refrain from so doing.
their gradual assimilation

was

likely to occur,

no pressure was to be brought to hasten


are:

the process.

The words
.

"If the ger

will

keep

the passover.

." I9

leaving the matter to their option

and

initiative.

The groups mentioned have now been considered excepting only the ezrali ha-ares. The versions present
various translations but with vexatious unanimity under-

stand this term to mean invariably the Israelite himself.

To
consider
of the
till

this rendering there are serious objections.


it

To

now would be a hindrance


it

to the elucidation

main questions and

must

therefore be deferred

later.

This

much may, however, be


ezrali

said at this point.

In

our view the


the
ezrali

ha-ares or as

it is

alternatively written,

are terms that in the majority of instances


in

mean

Israel

but

the rest have another meaning, the phenomearising in the course of

non being due to changes


history.

Hebrew

We

will

now
The

return to our toshab and sakir.


in

They

are

mentioned
priesthood.

together

the

regulations

concerning

the
(holy

latter are allowed

the kodashim

things) for their sustenance, but outsiders are excluded.

Among these outsiders are the They may not eat of it, though
home-born are allowed to eat of
these two kinds of laborers
is
it.

priest's toshab

and

sakir.

his slaves
20

purchased and

The

difference between

that the slave, as was ex-

plained

in

the previous lecture, has virtually

become a

member
ship,

of the family,

and as such

joins in the family wor-

whereas the toshab and sakir contemplated by the

ordinance are freemen


'I

who

are not to be persuaded to

Lcv. 22.10.11.

STATUS OF LABOR

IN

AM

II.

VI

ISRAEL
they

SULZBERGER
left

281

become

proselytes.
still

And even

if

the

'arel class

they would

be excluded from the kodashim, because


(here called zar)
is

the ordinary
barred. 21

Hebrew layman

equally

The next
nor reaping.

instance relates to the produce of the seventh

(the sabbatical) year

when

there

must be neither sowing

What
by

the land spontaneously produces

may

be used for food


thee (the

owner)

by by by by

thy 'ebed (slave)


thy

amah

(female slave)

thy sakir
thy toshab 22
in the same catemanner spoken of pos-

Here the sakir and the toshab are placed


gory with the slave and are in
sessively,

like
is

indicating that there

the relation of master


ger as in other

and servant.

There

is

no mention of thy

analogous instances, for the obvious reason that the classes

mentioned are the two species of the genus


In the preceding lecture the

ger.

same use

of the possessive

pronoun
upon.

in

connection with the ger was shown and dwelt

And,

last

but not
is

least,

the position of the sakir and


in

toshab as employees
of a

emphatically illustrated

the case

Hebrew who has become impoverished and has sold himself to a prosperous man of his own nation. Though
the greed of the buyer and the desperate straits of the seller

may have
in

co-operated to

make

a contract whereby the

poor wretch was to become an 'ebed (slave), the law steps

and annuls

it

as contrary to the public policy of the

state.

The poor man's

status

is

to be that of ger we-toshab

or alternatively of sakir or of toshab, 23 the various

names

being practically equivalent to


"Lev. 22.10.
"Ibid. 25.4-6.

ger.

=>Lev. 25.34. 40.

282

THE JEWISH QUARTERLY REVIEW


In this connection
it is

well to consider the case of the

Hebrew who
self to

has become impoverished and has sold him-

a prosperous ger we-toshab or to one of the latter's


stringent the contract, the law reads into

kin.
it

However
fair

a provision that the

Hebrew may

at
if

any time be

re-

deemed on
beyond the

terms, either

by himself

he become able,

or otherwise,

by any

of his kin.

In no event can he be held

jubilee year.

In arranging the terms of redempis

tion the time already served

to be used in the

computation

as

if

the poor

man had been


is

serving sakir s time (yeme

sakir).

Indeed he

to be considered

and treated as a

sakir shanah be-shanah (a sakir from year to year). 24

A
facts

comparison of the two cases invites attention to


that are noteworthy.
is

The outstanding

feature

is

that the ger we-toshab


to

in

a position to employ a Hebrew

work

for him.

The
is

desire

on the ger we-toshab 's part to

call for

such help
is

based on his prosperity and on a form

of

it

which

nowhere expressly mentioned but seems

necessarily implied.

He

is

a peasant living with his family


his

on a Hebrew's land, deriving


it,

and

their sustenance

from

with perquisites perhaps in the form

of wages,

which
land-

are unascertainable from the records.

Hebrew

owner alongside
his land

of

him

is

too impoverished to continue on


of earning a

any longer and must seek a means

livelihood for himself

and

family.

He makes an

arrange-

ment with the

ger we-toshab

whereby the

latter will

employ
While

him, perhaps leasing to such employer for a limited term


the land which he himself can no longer manage. the ger we-toshab

may may

not own land there


lease
it

is

no authority

for believing that he


If

might not

for a limited term.

he does

so,

he

not employ the unfortunate owner

as a peasant (toshab) but

must

hire

him as a

sakir, a laborer,

whose wage must be paid


"Lev. 25.47-54.

daily.

STATUS OF LABOR

IX

ANCIENT ISRAEL
it

SULZBERGER

283

In this connection

may

not be amiss to remember

that the sakir


ity.

is

also capable of attaining a certain prosperin

Probably such an achievement was rarer


it

the case

of a sakir than in that of a toshab, but

was

practicable.

The only recorded

instance

is

that of a sakir
it,

who owns
naturally

an animal and hires himself out to work with


for a

wage much greater than he would earn


aid.

work without such


to the translators.

for his own The text has given endless trouble The King James version renders it

thus:

"And
and
it
it

if

man borrow aught


die,

of his neighbor {red ),

be hurt, or

the owner thereof being not with

('immo), he shall surely


it

make

it

good.

But

if

the owner
it

thereof be with
(im)
it

('immo), he shall not


it

make

good;

if

be an hired thing (text: sakir)

came

for his hire." 23

The English Revision makes it: "And if a man borrow aught of his neighbor and
hurt or die, the owner thereof not being with
surely
it
it,

it

be

he shall

he shall not

it

make restitution. If the owner thereof be with make it good; if it be a hired thing (sakir) for its hire." came The J.P.S. version is like the English Revision except
it

that

renders the last clause thus:

"if it

be a hireling

(sakir)

he loseth his hire."

The King James version and the English Revision make of the sakir, a hired thing. The J.P.S. version on the other hand appears to make the sakir, a person (as he
really
is),

but what the meaning of


understanding.

its

whole phrase

is

passes

my

There appears to have been a general obsession that


a sakir could never be rich enough to

own an ox

or a cow,

and therefore to conceive him as hiring himself out to

work with
"Exod.

his

animal did not occur to them.

22.13, 14.

284

THE JEWISH QUARTERLY REVIEW


Kautzsch
in his

German

version of the Scriptures

is

unable to give a satisfactory translation and therefore


leaves the last clause untranslated, giving his reasons in

a note, of which the following

is

a translation:
It

"The
is

last

phrase

is

of quite uncertain meaning.


'If it

usually translated thus:


is

(the animal)
is

was

hired,

the loss

on the

hire', i.e.

the loss

to be reckoned

and

covered by the

hire.

But, in the

first place,

the word sakir


it

always means a day-laborer, and

in

any event,

would be

monstrous to consider the value of the animal as being


covered by the
of its value.
hire,

which, after

all, is

but a small fraction


it

On

the whole, therefore,

would seem that


of

this additional phrase has

no bearing on the subject

hiring an animal

and

refers only to the negligence of

hired

man

in failing to care for the

loaned animal.

In that

view, the phrase would mean:


is

'If it

be a hired

man who
he must

responsible for the loss,


till

it falls

on

his wages,
loss.'

i.e.

work

he earns enough to pay for the

" 26

Kautzsch was on the right track, though he wandered


from the path and
failed to reach the goal.
is

The
special

difficulty

caused by the failure to grasp the

meaning

of the

word red and the

particular in-

timation conveyed by the word 'immo (beginning with an


'ayin)

and by the word im (beginning with an


however the word red which
is

alef).

It is

most important
it

in

this

connection.
is

The
its

versions agree in rendering

"neighbor" which
ever,
it

usual signification.

Here, how-

has another and a special meaning, though at

bottom, this special meaning has the same ethical implications as the general meaning.

This question, "who

is

my
by

neighbor,"

is

the text of a fine piece of Midrash in Luke. 37


legal

We

cannol

however ascertain exact

definitions

hortatory exposition, however beautiful.


"Kauts/*
1894.
h. I'ir
i>.

}]filif.t

Schrifl
Ice

<irs

nltm TestamtntS, Freiburg,

i.

B.

and Leipzig'

Beilagen

2.

10.29-37.

STATUS OF LABOR
It will

IX

ANCIENT ISRAEL

SULZBERGER

285

be remembered that the great body of native


called ger (stranger).
its

workmen were

As the new

lords of

the land developed

industries, there inevitably arose

considerable classes of

Hebrew

laborers,

men, who, either


or

had lost the land originally assigned


haps who had never received any.
28

them

some

per-

These Hebrews came

by degrees to practise the various trades at which the ger worked. With agriculture they were more or less familiar
and doubtless the majority of these workmen chose farmThe national ing. Thus they worked alongisde of the ger. pride forbade the calling of these brethren ger, though this

word had
rea

practically

come
It

to

mean

"laborer."

In contrast

to the ger (stranger) they called their

Hebrew workman,
ger,

(neighbor, friend).

is

to be noted that though the

Hebrews balked at calling their laboring tribesman


they did

in time call such of wage, sakir, though the latter were originally one section

them

as

worked

for daily

of the ger.

The following ordinance shows this use of the word: "Thou shalt not oppress a sakir 'ani we-ebyon (the
versions render:

a hired servant that

is

poor and needy)

whether he be

of thy brethren or of thy ger that are in

thy

land within thy gates.

In the same day thou shalt give

him
he
is

his hire, neither shall the

sun go down upon


heart upon
it.
. .

it;

for

poor

('ani)

and setteth

his

." 2

was taken of us that prior to the invasion of Canaan, a census upward, all that were able to go forth to war all the males "from twenty years old and conquered land was to be divided. in Israel." Upon the basis of the registry so made the men of senile age The question arises whether "and upward" was intended to include That there was some limit or whether there was a maximum age for military service. the narrative which seems intrinsically probable, and this probability is enhanced by war (Josh. 14.11). makes Caleb, in his eighty-fifth year declare himself as still fit for It is still reason. Had he been on the registry, such a remark would have had no Book III, ch. 12, 4) that further strengthened by the statement of Josephus (Antiq. relied on, he is in this instance the limit was fifty years. Though he is not always to be man's normal span of probably right, especially in view of the current opinion that follow that If this hypothesis be correct it would life is seventy years (Psalm 90.10). inevitable differences some were landless from the very beginning. Add to this the for efficiency of the owners, and causes in the fertility of soil and in the ability and distress and impoverishment will not be wanting.

"Num.

1.2, 3 tells

Deut. 24.14,

15.

286

THE JEWISH QUARTERLY REVIEW


Returning now to our
rea'

we
its

find in the prophetic

writings satisfactory evidence of

use to

mean workman.

Jeremiah

in his great

sermon on morality delivered

at the gate of the Lord's house, exhorts his hearers as


follows

"Thoroughly amend your ways and your doings;


thoroughly execute justice between a
oppress not the
ger,

man and
30

his rea',

yatom or almanah."

Note the parallelism between the

rea'

and the

ger.

More

explicit still

is

his cry against the

King Jehoiakim:

"Woe unto him


eousness,

that buildeth his house by unright-

And

his

chambers by

injustice,

That useth

his rea"s service for

nothing

And giveth him not his hire (po'alo)." 31 And comparing the King unfavorably with

his father,
in that

he dwells on the latter's justice and righteousness

he judged the cause of the 'ani and the ebyon, whereas


the son
is

a covetous oppressor. 32
in Zedekiah's

Again

time he reproaches

all

the powers

of the state, namely, the princes of Jerusalem, the sarisim

and the

priests

and the whole 'am ha-ares 33 with


equally

dereliction
rea'. 3i

in not securing liberty for all including every

man's

Ezekiel

is

bitter.

His reproaches directed


their other de-

to the princes of Israel

enumerate among

linquencies that they have dealt


ger,

by oppression with the


rea'. 36

the yatom, the almatiah 35 and the

Proverbs has this significant passage:


spiseth his rea' sinneth, but he that
is

He

that de-

gracious to the

'aniyyim happy

is

he. 37
in the

There are passages

Pentateuch on similar

lines:

"A
him;

ger thou shalt not wrong, neither shalt thou oppress

for

ye were gerim
"Jer. 22.13.
Ic.

in

the land of Egypt.


"Ibid. 22.15-17.

Ye
14.21.

shall

"Jer. 7.5,6.

"Ibid. 34.19.

"Ibid. 34.17.

22.7.

"Ezek. 22.12.

"Prov.

STATUS OF LABOR
not
to
afflict

IX

ANCIENT ISRAEL

SULZBERGER
If

287

any almanah or yatom.

thou lend

money

any

of

my

people, even to the 'ani

'immak

(versions:

the poor with thee) thou shalt not be to him as a creditor,


neither shall ye lay upon him interest. If thou at all take n thy rea s garment to pledge, thou shalt restore it to him

by that the sun goeth down;


it is

for that

is

his

only covering,
.

his

garment

for his skin;

wherein shall he sleep?


ger,

." 38

Xote here the


'ani
rea',

classification:

almanah, yatom,

'immak,

rea'.

Again: "Thou shalt not oppress thy

nor rob him; the wages of a sakir shall not abide


all
1

with thee

night until the morning." 39

Here rea

and sakir are

in

juxtaposition,

if

indeed

they are not alternative expressions meaning the daylaborer.

And now

as to the

word 'immo.
its

This word 'im,

among

numerous meanings, has

one which expresses the idea of employment.

The

versions

simply translate "with" apparently ignoring the special

meaning here present.


Instances of the use of the

word with

this special
series
life

meaning are not wanting.

We

have an interesting

of passages relating to an important event in the

of

the patriarch Jacob.

When

he had roused his brother Esau's enmity, his


for his life

to her brother

and begged him to go to Haran Laban "and tarry with him a few days," until Esau's fury should abate. 40 Though mother and son knew that it was not a trifling journey to Paddan-aram,
mother feared
short-lived, that a few

and that Esau's wrath was not so

days or a short time would see matters adjusted, yet need

we not

quarrel with the mother's loving belittlement of

the difficulty.

She did not intend to be understood

literally

and Jacob

easily divined her intention.


"Lev. 19.13.

Indeed the same

8E.\od. 22.20-26.

>Gen. 27.42-45.

288

THE JEWISH QUARTERLY REVIEW

expression occurs in the narrative of Jacob's love for Rachel

which was so great that

his service of

seven years for her

seemed to him but "a few days." 41


Rebecca did not expect her son to pay a
brother in order to enjoy a genteel vacation.
visit to

her

She knew

that when there, he would be expected to earn his living by working for it. And so indeed it happened. We are told what he did: "And he (Jacob) abode 'immo (with him, Laban) for

the space of a month." 42


it,

This

is

the

way

the versions put

the real

him) for

meanng being that he served him (worked for that time. The next verse proves this. Laban

says to Jacob: "Because thou art

my nephew

(ah) shouldst

thou therefore serve


thy wages be?" 43

me

for

naught?

Tell me,

what

shall

And when Jacob

departed and there was bad blood

and chiding between him and Laban, the former remarked:


"These twenty years have
I

been with
I

thee," plainly

mean-

ing "These twenty years have

worked

for thee." 44

The

twenty-fifth chapter of Leviticus, which treats

of the sabbatical year

and the year of jubilee uses

this

preposition 'im freely.

We may
sixth verse,

quote

in

this connection the already cited

which the translators have found troublesome.

The
servant

J.P.S. version renders:

"And

the sabbath-produce

of the land shall be food for you:


('ebed),

for thee,

and

for

thy

and

for

thy maid (amah), and for thy hired

servant (sakir), and for 'the settler by thy side' (toshabeka), that 'sojourn with thee' (haggarim 'immak)."

According to our hypothesis the latter part of the


sentence really means:

"And

for

thy sakir and for thy

toshab that are in thy employ."

Another instance
"Gen. 29.20.

is

the provision regarding the fugitive


<*Ibid. 29.15.

9.14.

MIbld.

31.38.

STATUS OF LABOR IN ANCIENT ISRAEL


slave. 43

SULZBERGER

-89

The

J.P.S. version

is:

"Thou

shalt not deliver


is

unto his master a bondman


his

('ebed)

that

escaped from

master unto

thee.

He

shall dwell with thee ('immeka)

in the

midst of thee, in the place which he shall choose


it

within one of thy gates, where


shalt not

liketh

him

best; thou
is:

wrong him

(lo

tonennu)," the meaning of which

Thou
('ebed)

shalt not deliver unto his


is

master a bondman

that

escaped from his master's service (me'im

adonaw) unto thee.

He

shall settle in

thy employment

('immeka) in thy midst, in the place which he shall choose


within one of thy gates which
it

Uketh him best; thou shalt

not wrong him."

Here we
master."

see that the slave has escaped


relation
is

from "with

his

That
It

is

not one of friendly intimacy or

of equality.

the relation of servitude.


is

Nor

is

the

new

relation

which

to be established for the fugitive

any other than one

of

employment.
l

It also

is

described

by the same preposition im.


Moreover there
is

the significant prohibition

lo

tonennu,

thou shalt not maltreat him, a verb habitually used to


describe the ill-treatment of the

workman, the

ger,

which

goes far to indicate that the employment of the fugitive


slave
is

contemplated. 46
of the use of this preposition 'im in

Other instances

the sense of being in another's

employment are numerous. 47


rich

There

is

the story of
his

Micah a
in

Ephraimite who
set

had a

little

temple of

own

which he

up ephod and

teraphim and consecrated one of his sons to be the priest

(Kohen).

And
"Deut.

there

In those early

came along a Levite, seeking employment. days, there must have been a class of trained

23.16, 17.

'Instances of the use of this verb in connection with the oppression of ther 29. or other employees are Exod. 22.20; Lev. 19.33; Je. 22.3; Ezek. 18.12; 22.7, "Lev. 25.50. 53; Deut. 15.16; Jud. 17.10; 1 Sam. 2.21.

290

THE JEWISH QUARTERLY REVIEW

priests called Levites,

who sought employment


"Dwell with

in

their

capacity in every one of the tribes.

Micah
and
I

said to him:

me

{'immadi)

will give thee ten pieces of silver

by the
(J.P.S.

year,

and

a suit of apparel and thy victuals."

version.)
installed

The Levite

cheerfully accepted,

whereupon Micah

him and he became Micah's

priest, at

which Micah greatly

rejoiced, believing that the Levite

had much more influence

with the Lord than his own son would have had,
after all

who was
word

but an amateur and not a professional


last

priest. 48

The
'im
is

example we

shall cite of this use of the


It is

perhaps the most interesting.

part of the history

of the prophet Samuel. 49

The

versions agree that the

lad "grew before the Lord," the text using the

word

'im.

The

true

meaning must be that the acolyte Samuel was

reared in the service of the Lord.

When we remember
the Lord's service

that his mother devoted him to


that
Eli,
51

when he was a mere babe 50 and

the child ministered unto the Lord before the priest

we must conclude
This use
in

that the narrative records the lad's

progress in the service.

Hebrew
its

of the

word

'im (with) to denote

employment, has

analogue in our ordinary English.


say, sometimes with evident self-

We

have

all

heard

men

sufficiency, that

they are with a great corporation, or a

leading mercantile or banking establishment.

They do
that they

not

mean
its

to assert that they are chief or part owners of


All they wish us to understand
is

the business.
are of

employees.
third

The

word that contributes


of

to the difficulty
It

is

im, the general meaning

which

is

"if."

may

however,

on occasion, mean "when." 62


"Jud. 17.7-13.
'1

"1 Sam. chg. 1-3.

"I Sam. 1.28.


p. 50,

Sam.

2.11, 18; 3.1.

"Brown-Driver, Lexicon,

sub voce Im

M.

STATUS OF LABOR IN ANCIENT ISRAEL

SULZBERGER

291

Having digressed long enough from the main subject


in

order to elucidate these three words,

we may now,

in

the light of the suggestions put forward, return to our


text

and seek

to

make

it

clearer than the versions

have

succeeded

in doing.
is

This

the

way

in

which we would explain

it: 53

"And

employee) and if a man borrow aught of his rea' (Hebrew it be hurt or die, the owner thereof not being employed with it, the borrower must make restitution. If the owner
thereof be employed with
it
it,

the borrower need not


sakir (that
is,

make

good.

When

the

man

is

hired with his

animal to work for a stipulated daily wage), this wage


covers everything, the labor of the man, the labor of the animal and the risk of the animal's injury or death while

employed

in the

work under

its

owner."
if

The

legal reason

for the rule

thus established

is

impeccable.
of the animal

Under the circumstances,


is

when

the owner
it

himself using

it,

an injury suffered by

could not with any show of justice be charged to the employer of the

man and

the beast. It was the duty of the


It

owner
if it

to care for his beast.

was under
is

his control

and

was negligently used, the

fault

the owner's and not

the employer's.

The Mishna seems


way.
"If a

to understand the law in the


it

same

In discussing our text

lays

down

these principles:

man borrow

a cow and, at the same time or before,


is

hire its owner,


is

and the cow

hurt or dies, the borrower

not liable to pay for the cow, because the Bible says (Exod. 22.14): 'If the owner thereof be with it, he need
it

not make
of the

good.'

" 54

It evidently identifies the

owner
it

cow with the sakir who has been hired with before it, and who works with it.

or

We

have, however, not yet finished with the Toshab.


14.

"Exod. 22.13,

"Mishnah, Baba Mesi'a,

8.1.

292

THE JEWISH QUARTERLY REVIEW


also appears in the expression ger we-toshab

He

and once

as ger toshab.

Considerable learning has been expended on the

differ-

ence between these two forms.


the

As they obviously have


us.

same meaning, the variation need not further concern

When Abraham,
felt

after the death of his wife Sarah,

reluctant to bury her in a cemetery over which he would

have no control, he applied to the bene-Heth, the natives


of the land,

and began by saying:

am

ger we-toshab with


resi-

you, 55 meaning that though he considered himself a

dent, he recognized the law that, as a ger, he could not be

the absolute owner of land.

He

therefore appealed to

them
of

to

make an
of their

exception under the sad circumstances.

Their replies were courteous.

They

offered

him the use

any

own

sepulchres, which

would require no
his absolute

infringement of the settled law.


in his request for a sepulchre

He, however, persisted

which would be

property (ahuzzah), and they graciously complied with


his request.
full

Needless to say, the lord of the land accepted


in silver for the field of

payment
is

Machpelah and the

cave that

therein.

56

That the

inability of the ger we-toshab to

own

land in

perpetuity was an accepted doctrine

among
all

the Hebrews,

appears plainly from the terms of the jubilee law, which


required the return in that year, of
to its original owner,
57

purchased land,

the reason stated being that the

land
its

itself is

God's, and that the


are, as regards

human

beings

who

claim

ownership

Him, merely gerim we-tosha-

bim, sS who, of course, could not be absolute owners.

When
Hebrews as
'ebed or
"Gen.
A
l.

the

lei

>rews

are
is

forbidden

to

hold

fellow-

slaves, there

leave granted

them

to acquire

amdh from
25.44.

the surrounding nations, 59 and also


"Lev. 25.10.
Lev. 25.23.

Gen. 23.5-20.

STATUS OF LABOR
from the toshabim

IX AN! IK\T

ISRAEL SULZBERGER
Mention has

293

in their

employ. 60

already-

been made of the fact that these toshabim


certain

may

reach a

degree of prosperity.
in that

An

interesting

linguistic

circumstance
ous toshab
is

regard
in

is

the fact that such a prosper-

spoken of

the

same verse

as ger we-toshab

and

as ger toshab. 61
It
is

time

now

to return to our simple ger

uncom-

plicated with toshab or sakir.

The
tion

presence of a large population in an inferior posiin

but

close

relations

result in a gradual

with Israel would naturally abandonment by them of many prior


with the prac-

practices
tices

and
their

in a progressive assimilation

of

employers.

population in the religious

The absorption of the slave community of Israel would be

an element tending to hasten such a process. To determine the course it actually took
difficult

may

be

but not quite impossible.

The

records give us

evidence which
A.

may

be arrayed under the following heads


of the ger to participation

The gradual admission

in the national religious festivals.

B.
rily

Their gradual subjection to laws imposed primaIsraelites alone.

on
C.

Their
if

presence

on

occasions

of

extraordinary
Israel.

solemnity as

they were an integral portion of


provisions

D.

The

careful

made

for

their

gaining

and maintaining material advancement.


A.
In

Their position

in

regard to the festivals:

the Paschal lamb celebration, the ger were not

expected to participate.
to maintain their

They were supposed,

in general,

provision
join

own religious rites and peculiarities, but was made that if any one of them desired to
do
so,
if

the Israelites in this solemn ceremony, he was at

liberty to
"Ibid.

he complied with the one condition


are:

25.45.

The words

"mi-bene ha-toshabim ha-garim immikem."

"Ibid. 25.47.

294

THE JEWISH QUARTERLY REVIEW

imposed, namely that he and the male members of his


family should leave the class of 'arelim and become initiated
into the covenant of

Abraham. 62
it

This was evidently at an early period when

was

considered unwise to permit the employer to persuade


his ger to

adopt Hebrew customs, but the

latter

was

left

free to act according to his

own

desire,

without interference

of

any kind.

And
for those

the supplemental ordinance which established

for certain emergencies,

a passover of the second month


it in

who

could not lawfully celebrate


provision for the ger

the

first

month, has the same


avail himself of
it,

who

wishes to

reference being

made

to the original

Pesah ordinance as the norm. 63

The
lamb
is

festival

closely related
festival,

to that of the Paschal

the Massah

(the festival of unleavened


it

bread). 64

The ordinance

establishing

provides

that

Israelites must eat unleavened bread during seven days and that leaven must be put away out of the houses and "whosoever eateth leavened bread from the first day until

the seventh day, that soul shall be cut off from Israel." 65

As

this like the Paschal

lamb celebration commemorated


it

Israel's

Exodus from Egypt,

was but natural that the


Later on,
is

command
however,

should be limited to Israel alone.


in

the same chapter, the ordinance

repeated,

but
ares,

this

time three words are added ba-ger u-be-ezrah ha-

which the versions render "whether he be a sojourner

66 or one born in the land."

Without stopping
it

to analyze

the meaning of this addition,


in

may

be remarked, that

view of the fact that the punishment was excision from


its

Israel,

denunciation against a non-Israelite like the

ger

would seem strange.


is

The

explanation of the apparent

inconsistency
Exod.
12.49.

to be found

in the additional prohibition


"Exod. 12.18; Dcut.
16.3.

"Num.
"Exod.

9.14.

Od. 12.15.

12.19.

STATUS OF LABOR IN ANCIENT ISRAEL

SULZBERGER
if

295

that "seven days there shall be no leaven found in your

houses." 67

This could not be enforced,

there were a

group of inhabitants who were at liberty to eat leaven.

The

ger

were not directed or compelled to assume a religious


Israel,

duty of

but they were prevented from interfering


Israel.

with the religious practices of

The Massot ordinance

therefore viewed the ger, just as did the Passover ordinance,

that

is,

neither considered

him

as being religiously affiliated

with

Israel.

Other texts on the subject are to the same

effect:

"There

shall

no leavened bread be seen with


all

thee, neither

shall there

be leaven seen with thee in

thy borders." 68
is

Affirmation of this view of the ger's position


in the fact that there

found

was to be a holy convocation and a


first

cessation of servile labor in Israel on the

and the

last

days of the seven, 69 but there


ger in this connection.

is

no word respecting the


in

He

is

not expected to assist


is

the

celebration of the festival.

His sole part

to avoid inter-

ference with the enforcement of the leaven prohibition.

The
to the

ger's religious aloofness is

maintained
is

in

regard

Day

of

Atonement.
else

The ordinance
is

directed to

Israel alone

and no one

included.

It is to

be a fast

day and a
certain

rest

day; and whosoever breaks the rule against


off

forbidden indulgence "shall be cut

from

his

people,"

and whosoever works on that day

will

be de-

stroyed "from

among

his people." 70

Another version

of the ordinance 71 presents a variation

in that it brings in the ger.

After directing like the other,

that ye shall

afflict

work,

it

like

the

shall do no manner of Massah ordinance has the words: ha-

your souls and

ezrah we-ha-ger ha-gar betokekem which the versions similarly render 'whether it

be one of your

own country

or a

"Exod. 12.19. "Exod. 13.7; Deut. 16.4. "Exod. 12.16; Lev. 23.7, 8; Num. 28.18, 25; Deut.
'"Lev. 23.27-32;

16.8.

Num.

29.7.

"Ibid. 16.29.

296

THE JEWISH QUARTERLY REVIEW

stranger that sojourneth

among

you' (King James)

'the

home-born or the stranger that sojourneth among you'


(J.P.S.).

The

true bearing and

meaning

of the

added
it is

clause will be discussed hereafter.

For the present,

enough to note that the ger must abstain from work not
because of any religious obligation resting on him, but
rather in order that this day of solemn rest might not be

marred by anybody's working.

The New Year's day (Rosh ha-Shanah) ordinance has


no reference whatever to the
ger.

It is to

be a solemn

rest,

a memorial, a holy convocation.

No

servile

work may be
ger
is

done thereon, 72 but


called

it is

for Israel alone

and the

not

upon

to do, or to refrain from doing, anything.

Even the ordinance


with
all

establishing the weekly Sabbath 73

its

anxious care that the ger shall not work on

that day, gives no inkling of an approach to a religious


fellowship with Israel.
is

It is

a day of rest and work therein

forbidden, but the grounds of the prohibition are ad-

dressed to Israel alone.


to

They

are based on Israel's relation

God and have no

hint concerning those

who worship
-*

other gods.

These grounds are:

the Lord's resting on

the seventh day after the six days of creation 7


leading Israel out of Egyptian bondage. 73

and His

The
used

ger

is

exempted from labor just as are the beasts


work:
"that thine ox and thine ass
ger

in agricultural
rest,
76

may have
refreshed."

and thy ben-amah and the

may
was

be
to

The ultimate aim

of such a policy

enforce Sabbath rest on Israelites themselves, which would

have been impossible had their heathen workmen been


allowed to cultivate their
fields

and perform other

labors.

That such enforcement was no easy matter, we


the earnest protests of the prophets:
"If thou turn
"Lev. 23.24, 25; Num.
1.

learn from

away thy
19.1.
;,

foot because of the Sabbath,


20. H';

Kv>l.

Unit.

5.1

i.

20. ii.

"Deut

5.1S.

"Exod. 2.U2.

STATUS OF LABOR IN ANCIENT ISRAEL

SULZBERGER

297

From pursuing thy business on My holy day; And call the Sabbath a delight, And the holy of the Lord honorable, And shalt honor it, not doing thy wonted ways,
Nor pursuing thy business, nor speaking thereof; Then shalt thou delight thyself in the Lord." 77 Thus far Isaiah; Jeremiah is equally emphatic. 78
Indeed, the country people the

who were

pious, construed

Sabbath ordinances

in

a comfortable way.

They

evidently believed that their animals though not to be

used for agricultural work on the Sabbath, might well


carry

them on a journey.

When

the Shunnamite's beloved

son died, and she wished to consult Elisha in order that


the child might be revived, she called to her husband,

who
run

was not informed


to the

of the calamity:

"Send me,

pray thee,
I

one of the servants and one of the

asses, that

may

man

of

God and come

back."

And

he answered:
neither

"Wherefore wilt thou go to him to-day?

*/ is

New

Moon

nor Sabbath." 19

Had

it

been such, he would have


Needless to say, she

deemed her request quite


did as she wished.

proper.

The command
l

to observe the Feast of

Weeks (Shabu-

ot)

is:

"Seven weeks shalt thou number unto thee; from the


time the sickle
begin to
feast of
is first

put to the standing corn shalt thou

number seven weeks.

And thou

shalt keep the

weeks unto the Lord thy God, after the measure


which thou shalt
give,

of the free-will offering of thy hand,

according as the Lord thy


shalt rejoice before the

God

blesseth thee.

And thou
and thy

Lord thy God, thou and thy son


('ebed)
is

and thy daughter and thy man-servant

maid-servant (amah) and the Levite that


gates,

within thy

and the

ger

and the yatom and the ahnanah that


"2 Kings
4.23.

"Isa. 58.13, 14.

"Jer. 17.21-27.

298

THE JEWISH QUARTERLY REVIEW

are in the midst of thee, in the place which the Lord thy

God

shall

choose to cause His


is

name

to dwell there." 80
shall

There
work." 81

also the provision:

"There

be a holy

convocation unto you; ye shall do no manner of servile

This injunction to refrain from labor does not mention


the
ger.

When, however, the


it

ger

is

directed "to rejoice


it

before the Lord" in the religious capital of the nation,


is

clear that

becomes the employer's duty to travel from


Jerusalem and to bring with him to
not only his

his dwelling-place to

this rejoicing before the Lord,

own

family,

but the Levite, the


dwell with him.

ger,

the yatom and the almanah that

This classification of the Levite with a working peasant,

which seems strange at


early

first,

attests the fact, that at

an

time,

Levites

wandered about the country and


referred to in the previous

obtained employment as paid priests to private persons,


as

was the case with Micah


All of

lecture. 82

an

Israelite's

employees are to participate

in

the ceremonies at Jerusalem,


in

and we have here an advance

the ge/s religious position.

He

is

no longer a mere

instrument to assist in enforcing certain religious duties

on

his

employer, but has acquired a distinct status of his

own.

From a merely
is

negative assistant, he has become a

principal.

This advance

maintained

in the

Sukkot ordinance. 88

The
to

classes

commanded
first

to rejoice at Shabu'ot are likewise

do so

in this festival.

There

is

also to be a holy con-

vocation on the
eighth. 84

day and a solemn assembly on the


do no manner
of servile work,

"Ye
this

shall

and
the

ye shall keep a feast unto the Lord seven days." 85

That
"Num
29

advance was but a step forward


"Lev. 23.21.
Jud. 17.5-15.

in

"Deut. 16.9-11.

"Dcut. 16.14.

"Num.

29.12, 35.

STATUS OF LABOR IN ANCIENT ISRAEL

SULZBERGER

299

process of the ger's religious assimilation

appears from

another version of the ordinance which after providing


as did those already cited adds the following:

"Ye
trees,

shall take

you on the

first

day the

fruit of

goodly
trees,

branches of palm-trees and boughs of thick


of the brook,

and willows

and ye
.
.

shall rejoice before the

Lord your God, seven days.


that your generations

Ye
that

shall dwell in

booths

seven days; every ezrah in Israel shall dwell in booths;

may know
when
I

made

the children

of Israel dwell in booths,

brought them out of the

land of Egypt.

." 86

These special commemorative ceremonies do not


clude the
ger.

in-

Another

class

however, the ezrah

in Israel

must, like the Israelites themselves, dwell in booths; the


ger

may

not do

so.

Here, as elsewhere, the versions under-

stand the ezrah to

mean

the Israelite himself, and the

commentators have been much troubled about him.


consideration of his real position

The

must be deferred with


approaching
complete

the caution, however, that a


non-Israelite,

we

regard him as being by origin

though

rapidly

assimilation.

The

conclusion

is

that as regards national religious

festivals the ger

had advanced towards assimilation but


in

had not gone more than halfway


B.

the process.

Besides the gers part in festivals, his obligation to


Israelites primarily,

obey certain laws binding

was another
in-

forward step in his assimilation.


stances of this kind.
It

There are several

was the duty

of the Israelite to present his offering

at the door of the tent of meeting (ohel mo'ed), failure to

do which was punishable by the


from among
his people."
87

offender's being "cut off

This duty was extended to the ger under


"Lev. 23.40, 42,
43.

like

penalty

"Lev.

17.3, 4, 8, 9.

300
being

THE JEWISH QUARTERLY REVIEW


"cut
off

of

from

his

people"

meaning

Israel. 88

So likewise was the eating

by

ger similarly penalized.

89

by Israelite or The summing up was: "No


of blood

person (nefesh)

among you

shall

eat blood, neither shall

any

ger

among

you eat blood." 90

The bene-Israel were forbidden to give any of their children to make them pass through the fire to Molech. 91 As
this
off

was an odious pagan custom the penalty


92

of being cut

from among their people

was none too

severe.
like

This prohibition was extended to the ger 93 under


penalty.
rite.

Some

of

them had probably practised

this cruel

Including them in the prohibition was a measure

designed to wean them from odious features of their previous religion and thus constituted a sort of negative
proselytism.
sized

And

this policy

was

insisted

on and emphaof

by the additional

provision:

"Whosoever he be

the children of Israel, or of the ger that live in Israel, that giveth of his seed to Molech must be put to death; the

'am ha-ares shall stone him." 94

The penalty first denounced, namely, being "cut off from among their people" has been construed by many as a punishment not to be inflicted by man but by Divine
action.
ger

Such a penalty would scarcely deter those

of the

who worshipped Molech and


upon

looked upon Israel's

God
by

as an intruder

their god's territory,

from continuing

their cruel rites.

The penalty

of death to be executed

human

hands was likely to be a more powerful motive

for abstention.

That the
is

practice

was not

rare even

among

Israelites

shown by

the hint conveyed in the text, that the tribunal

(the 'am ha-ares)


just as in our
Ibid. 17.9.
bid. 18.27.

would be

likely to acquit the offender,

modern experience, jurors who are opposed


"Ibld.17.10.
"Ibid. 18.26.
"Lev. 17.12.

"Ibid. 18.21.

"Lev. 20.2.

STATUS OF LABOR IN ANCIENT ISRAEL


to capital
of the first

SULZBERGER

301

punishment refuse to

join in verdicts of

murder

degree punishable by death. 95

Blaspheming the

Name

(shem)

was a crime almost


condign punishment

too horrible to contemplate.

The presumption apparently


visit

was that God Himself would


on the
Israelite guilty of

such offence.
it

The

code,

it

is

true, has
it

an express prohibition of

to the Israelite but

provides no punishment therefor. 96


In the course of time the question had to be met.

On
and
an

a certain occasion the son of an Israelite mother

Egyptian

father

blasphemed

(wa-yikkob)

the

Name. 97

Divine vengenace did not pursue him and the

natural inference
fact that he

was that

his

exemption was due to the

was not an

Israelite.

He had however com-

mitted a fearful offence for the punishment of which there

was no

law.

The
"And

case was therefore referred to

Moses who con-

sulted the Oracle.

Whereupon the

narrative proceeds:

the Lord spoke unto Moses, saying:

"Bring forth him that hath cursed (ha-mekallel) without the camp; and
let all let all

that heard him lay their hands


the Congregation (kol ha-'edah)

upon

his head,
98

and

stone him.
Israel,

And thou

shalt speak unto the children of


(yekallel)

saying, whosoever curseth


het'o).

his

God

shall

bear his sin (we-nasa


(nokeb) the

And he

that blasphemeth
to death; kol

Name

of the

Lord must be put

ha-'edah shall stone him; as well the ger as the ezrah

when

he blasphemeth the Name, must be put to death."

We

have here a

specific case for

which the authorities

could find no established law.


judicial authority

Consequently, the supreme


result that the

was invoked with the

offender
"Lev.
8

was

sentenced to death.

This tribunal went a

0n

"Lev. 24.10-16. Exod. 22.27. Elohim lo tefiallel. ha-Arelz. Philadelphia, 1910 the meaning and function of ha-'Edah see my
20.4, S.

Am

302

THE JEWISH QUARTERLY REVIEW


and on the
basis of this decision as a pre-

step further,

cedent, laid

down

a general law applicable to future cases

just as precedents in English

and American law become

in effect statutes for the future.


If,

as

is

not impossible, the Egyptian father in this


it

case belonged to the 'ereb rab,

would indicate that notIsrael,

withstanding his close association with

and although
still

he had married an Israelite woman, he was

looked

upon as

in

some

degree, an outsider.

The

decision of the
suffer

tribunal that the ger as well as the ezrah


for the crime

must

death
in

would indicate a marked advance

the

ezrah's status, because in this instance, the

word doubtless

comprehends
Whereas,

all

Israel.

earlier,

an

Israelite

blasphemer of the shem


it

was not subject


believed that

to

human punishment, because


itself

was

Heaven

would punish him,

this case

established the rule that he


finding of the proper Court.

was

to suffer death

on the

Notwithstanding this development, the old popular


conception persisted.
his
'to

When
die' 99

Job's wife, exasperated

tame submission
belief that

to misfortune, hysterically

by urged him

blaspheme God and

she naively uttered the com-

mon

Divine vengeance would promptly follow

the offence.
I

had hoped

to treat in this lecture of all the instances

showing the gradual subjection of the ger to laws imposed


primarily on Israel, but the time
is

too short for the pur-

pose and in order not to weary you,


the rest for the next lecture.

we must postpone

Job

2.<).

BEN

SIRA'S

CONCEPTION OF SIN AND

ATONEMENT
By
For
of the

A. Buchler, Jews' College, London.


life

the reconstruction of the religious

and thought

Jews of Judea before the time in Jerusalem, books, which were undoubtedly composed of Maccabees, the offer fuller information: the first book
Psalms of Solomon of Pompey's days, and a century
before the
earlier,

of Hillel only three

Maccabean
is,

rising,

the

Wisdom

of

Ben

Sira.

The

however, purely the history of the military the achievements of the Hasmonean priestly family for author defence of the Temple and of Judea; and its sober occasional refound little time and attention for even
first

book

marks about the religious life of the teachers and the the military people, unless it was directly connected with With the rich and fruitful information yielded by
events.

the Psalms of Solomon a special chapter of

my

essay on

the ancient Pious

Men

has dealt

fully.

The

present in-

quiry will

be devoted to Ben

Sira.

In his voluminous

in most book he continuously evinces his strong interest its various phases and manifestations of human life and and sins of the several temptations, in the divers errors and in the sections of the Jerusalem Jewish community,

different forms of sacrificial

and

spiritual

atonement.

His

realization instruction consistently aims at the practical public morality and of of a high standard of private and
true,

But inward and genuine piety and a religious life. and practical with all the many warnings, admonitions
counsels
it is difficult

to define

ideas of sin

and atonement.
303

and to formulate Ben-Sira's In addition to the full com-

304

THE JEWISH QUARTERLY REVIEW


those of
Fritzsche,

mentaries, especially

Edersheim and

Oesterley, several special essays deal


of the

with some aspects

important problem of the Jewish religion as reflected


in

and expressed

Ben

Sira.

So the objective and

fair

investigation of V. Merguet, Die Glaubens-und Sittenlehre


des Buches Jesus Sirach; 1 J. Koeberle, Suende
religioesen

und Gnade im

Leben des Volkes

Israel, 1905;

and O. Schmitz,

Opferanschauung des spaeteren Judentums, 1910. Koeberle,

on the one hand,

tried

hard to do justice to the high ethical

standard of Ben Sira; on the other hand, he applied his


firmly established prejudice against the value of the Jewish
religion
tives,

in

general specially to

Ben

Sira's

religious

mo-

and

his religious inwardness,

and consistently ignored


reli-

the most characteristic statements breathing strong

gious principles and sentiments, and the religious force of

"the fear of
religious

God"

pervading the whole book, and of the

The

picture,

"work" produced by a pure, religious motive. produced by methods of research, in themand


incorect,
is

selves totally unhistorical


torted,

naturally disreligion

and

reflects
Sira.

more exactly Koeberle's

than

The present analysis of the not numerous, but important passages in Ben Sira which refer to the
that of
transgressions of the habitual sinner

Ben

and

to the occasional

lapses of the average, observant Jew, or contain the criticism of

wrong actions and the

practical advice of our

author, will endeavor to arrive at a due appreciation of

the religious ideal of

Ben

Sira,

and

his conception of sin

and atonement.
I.

The Sinners and their

actions.

Sirach addresses himself several times to the pious man,


evae(3r)<>,

and once advises

his readers or hearers

to

do
(4)
2

good, to give alms to the godly


1

man

only

(12. 4-7).

I.

1S74;

II

1901, Pro

-.,111111
<-'!

'Irskoenigl. Fricdrichs-Kollegiumszu Kocnigsbcrg Pr.

Translation of the rev]

Version.

SIX

AND ATONEMEN1

IX

BEN SIRA

BUCHLER

305

Give to the godly


(5)

(evae^rjs),
is

and help not the

sinner.

Do good
will

to one that

lowly,

and give not

to an unsinners,

godly

(d<Tj8i7s).(6)

For the Most High also hateth


(7)

and

repay vengeance unto the ungodly.

Give to
3

the good

man, and help not the sinner


is

(d/zapra'Aos)-

Here the good, lowly, godly man


ungodly, the sinner 4
,

contrasted with the

who appears
for,

to

have been also proud.

Their attitudes
while a good
for him,

in requiting

a kind act are also different:

man thanks

and repays

himself, or

God

a kindness, the sinner tries to overmaster the


to him,

giver

by the bread given


measure of
evil.
5

and pays back by a

double

Without the necessary con-

sideration of the conditions of the time that suggested

such discrimination, Edersheim and others 6 declare the


particularistic

charity

commended
5.

here

by

Sirach
in

a
full

sad contrast to the words in Mat.

42-45 but
unscientific

agreement with rabbinic views.


adducing a proof
for the latter
Sira,

The

way

of

statement from the


to the

first

Alphabet of Ben

belonging

8th or the 9th

century, or from the Midrash without even a reference


to the teacher

uncommon.
in

who quoted the Aramaic statement, The least that could be expected was
and
to

is

not

a ref-

erence to earlier rabbinic authorities,

the

way

which the Church realized that academic injunction


Dr. Briggs' learned notes on the Didache 7 will

of Jesus.

here be of interest, and supply the information required.


In Didache
1.

5-6 the duty of the

relief of
is

the fellow-

man's physical need by one's own goods

inculcated,

and
his
in

two warnings are added, one to the recipient as to


responsibility to

God, should he take help when not

See the various designations for the good and the sinner in Edersheim, 1 7a, note 1 The same contrast in 13.17: What fellowship shall the wolf have with the lamb? So is the sinner unto the godly. 6 See also Tobit 4.17 with the commentaries. 1 Cf. Bousset, Religion, 2nd edition, 211. 7 Journal of Theolog. Studies, V, 1905, 585ff; see also H. Turner in VI. 1906,

593ff.

306

THE JEWISH QUARTERLY REVIEW


of
it;

want
a
fit

the other to the giver to

make
is

sure that he finds

recipient.

The

first

warning was elaborated by


to

Hernias; the duty of almsgiving


giver
is

him

absolute, the

to ask no questions, the responsibility lies entirely

upon the recipient. The same we find in the Didascalia and the
Apostolic Constitutions.

But Clement
in

of Alexandria adds:

Charity must be practised, but with judgment and toorder that we may find a The same statement is cited and elaborated by Anastasius, Quaest. 14, who after his illustration from a farmer who sows his seed not into a

wards the worthy persons,

reward from the Most High.

plain,

but into a good


in Sira 12.2.

soil,

quotes as a proof

for

it

our passage

There

may

be added Pseudoit is

Phokylides, line 152:

"Do

not good to the bad,

as

though thou wishest to sow into the sea"; and the parallel from Theognis adduced and discussed by Bernays. 8
rach's principle seems to
Si-

have been: to those


8, 9; 41.

whom God
man need

hates and punishes (39. 25-30; 40.

11),

not show

special kindness.

In addition his discrimination

was based on the

political, social

and

religious

antagonism

of the parties in Jerusalem; and in his opinion a

man

has

a right to expect for his kindness thanks and reciprocation,

whereas the sinner here not only does not act accordingly,

but uses the

gift

against
offer

its

giver.

So

self-protection

demands not
conditions,

to

him

assistance.

While Sirach's
of existing

warning then was dictated by a consideration


it,

at the

same

time, shows that the

men

to

whom

he addressed

it

did support the sinners, and had


it.

to be restrained

from continuing

Consequently, the
at least satisfactory.

character of the
Sirach
is

Jew concerned was

addressing a

man

of

means, while the sinners

were not

all

wealthy, but some found themselves either


in

temporarily or permanently

so bad

material circumI,

"Ucber das Phokylideia he Gedlcht", XIII, Gesamm. Abhandlun&rn,

213.

SIX

AND ATONEMENT

IN

BEN SIRA

BU<
.

Bl

307

stances as to require the help of neighbors from


their
religious

whom

attitude

separated

them 9

God's hatred
ungodly;

and His punishment suggest very grave

sins in the

but no definite action of a distinctive, punishable character


is

stated to indicate the nature of their transgression and


grade. 10

its

The number
(7.

of sinners

seems to have been

considerable

16):

"Number

not thyself

among

the

multitude of sinners: remember that wrath will not tarry.


(17)

Humble thy

soul greatly; for the


fire

punishment

of the

ungodly

man

is

and worm". 11

This warning could

have hardly been addressed to the godly, as he would not

have thought of joining the ranks of sinners; nor was


there a need for his humbling himself, as Sirach termed

him the lowly,


an indifferent
struction

12.

5.

Already here

it

becomes evident

that Sirach addressed some of his admonitions to


religious attitude

men

of
in-

and continuous guidance.

who were And it

in

need of

does not seem


to

to be quite correct that Sirach tended

more and more

divide society into two great classes, the godly and the
sinner. 12 Against associations with sinners he
eral times, as (12. 14)
:

warned sev-

"Even
is

so

(who

will pity)

him that

goeth to a sinner, and

mingled with him

in his sins".

Evidently some of Sirach's followers to

whom

those words

are addressed were associating with such as he declared


to be sinners.

The

object of his recurring and emphatic

reference to the impending visitation

by God

of the sinners

was the separation

of the better elements of the population

from the company of the ungodly, as otherwise the obediBut godliness is an abomination to the sinner; cf. 33 = 36.14. And the sinner shall heap sin upon sins, 3.27. The meaning of the last words is rather difficult, as worms after fire give no sense; though, as already Smend noted, it has a parallel in Is. 66.2-1 where, however, the two words stand in a reverse order. It is true, the Hebrew version has a different wording: HD1 ICT3N nipn '3; but all the learned operations of Smend and Peters and their suggestions cannot make that wording even approximately account for the

1.25:

10
11

Greek and Syriac versions.


12

Koeberle, 452, Oesterley, Ecclesiastieus, in the Cambridge Bible for Schools,

XX.

XXVI.

308
ent

THE JEWISH QUARTERLY REVIEW

man

will

watch and adopt

their sinful

ways

of

life.

As some
form
(9.

or

many

of the sinners were wealthy, Sirach's

exhortation to his followers sometimes assumes a different


11):

"Envy

not the glory of a sinner; for thou

knowest not what

shall

be his overthrow. (12)

Delight not

in the delights of the

ungodly: remember, they shall not


(11. 21)

go unpunished unto the grave.

Marvel not at the


in

works of a
labor; for

sinner,

but trust the Lord, and abide


in the sight of

thy

it is

an easy thing

the Lord, swiftly

on the sudden to make a poor


Prov. 24.
1; 23.

man

rich."

As

in Ps. 37. 1

ff,

17,

the sinners here were rich, successful


in

and honored, while the godly was often poor and


position.

a humble

The thought

that

God

is

almighty, and

may by

a sudden change reverse the material circumstances of both


parties, should

keep down

in the

mind

of the

good man

marvelling

at,

and envy

of,

the rapid success of the rich.

He

should not think of changing his occupation, farming,

against that of the sinner, probably trade, that brought wealth.

him

And man

again Sirach warns (10.23):

fitting to glorify a

man

that

is

a sinner."

"And it is not And to the suc-

cessful

he refers again (41.1), where he states that the


is

thought of death

bitter to
it
is

one who

is

enjoying undisturbed

his possessions; while

welcome to the old and needy


Sirach reproaches
it is

man, and to one who has

lost patience.

the former for his fear, and reminds him that

God

that

decrees his death, therefore he should not refuse to die:

years of

life

matter nothing

in

the grave.

As

after this

there follows immediatly a statement about the


tion
(41.

destruc-

of the sinners,
5
ff),
it

their children and their inheritance


in v.
1

seems that also

in the first instance

wealthy sinners were meant; and this connection suggests


itself

naturally,
in

though such juxtaposition often proves

nothing

Sirach's book.

As

in

Ps. 26. 5 the

assembly of

evil-doers,

and

in

22

17 the

congregation of evil-doers, the

SIN

AND ATONEMENT

IX

BEN SIRA
definite

BUCHLEB

$09

sinners here formed, for


similar
is

some

common
of

object, a

body

(21. 9):

"The

congregation of the wicked

men

as

tow wrapped together; and the end


(10)

them

is

a flame

of

fire.

The way
last

of sinners

is

made smooth with


is

stones;

and at the

end thereof

the pit of Hades.


fire

(16, 6) In the

congregation of sinners shall a


is

be kindled,

and
on

in

a disobedient nation wrath

kindled."

The

re-

ligious attitude
life

common

to them,
(41. 5):

and the common outlook

drew them together

"The

children of sinners

are abominable children, and they frequent the dwellings


of the ungodly.
(8) Woe unto you, ungodly men, which have forsaken the law of the Most High God! (9) If ye be

born, ye shall be born to a curse;

if

ye

die,

a curse shall be

your portion.
to perdition.
shall

(10)

So the ungodly

shall

go from a curse
evil

(11)...

but the name of sinners being

be blotted out."

Smend 13

refers v. 8 to apostates,

abtniennige; but the continuation clearly shows that the same


sinners were

meant

as were termed ungodly and, as in other

passages to be quoted presently, did not keep the com-

mandments.
children;

Their sinful
it

lives

continue

in

those of their

and God brings

about that the father's unrightnext generation.

ful possessions are lost in the

The un-

expected change

in

their material circumstances set the

sinful children thinking, especially as they,

even when they

turn out God-fearing, have in addition to bear the reproaches


of their fellowmen for the sins of their father.

The punish-

ment

of such sinners themselves


life;

is

God's curse that pursues

them throughout
men.

and, as in the Psalms and the book

of Job, after death their

memory

will perish

from among

Which

of the
is

important laws of the Torah they

failed

to observe

not even indicated.

Once we
in

find

them

judging together (11.9):


13

"Strive not
n. 382.

a matter that

Die Weisheit des Jesus Sirach, 1906,

310

THE JEWISH QUARTERLY REVIEW


sit

concerneth thee not; and where sinners judge,


with them".

not thou

This does not seem to refer to an established


fol-

court of law with judges acting regularly, as Sirach's

lower

who

is

admonished here

may

or

may

not, according
itself

to his liking, join the court.

With the dispute Ruth


case.
4.

he has

no concern,
to a

it

appears to have been submitted for decision


1 ff,

number

of citizens, as in

who

sat

down

and formed a court to hear the


one of them, the righteous
in order to avoid their

When

invited to be

man

should not join sinners,

The same advice

is

company and their unjust judging. again stressed by Sirach in a passage


contrasts the qualities

where he strongly

and

virtues
to these

characteristic of pious

men

(37.11)

"Give not heed

in a matter of counsel. (12) But rather be continually with

a godly man,
of the

whom

thou shalt have known to be a keeper


in his soul is as thine
if

commandments, who
will grieve

own

soul,

and who

with thee,

thou shalt miscarry".

Not only do

the pious observe the law, but they have under-

standing and sympathy for each other's disappointments.

On
(33
is

the other

hand, the

sinner

is

said to hate the law

= 36.2): "A wise man will


is

not hate the law; but he that


(3)

a hypocrite therein
will

as a ship in a storm.
in the law;

A man

of

understanding
is

put his trust

and the law

faithful

unto him, as when one asketh at the oracle!"

Those who do not keep the commandments are the ungodly, as also the contrast in 21.
10,11
clearly shows;

with them the observant


other hand, those
associate
of
life

man should not consult. On the who keep the commandments not only with one another, but when in some contingencies
find in
it

they are uncertain and hesitating, they consult the


advice for the right action.
is

Torah and

From

the dinner sonic definite danger

stated to proceed for the


of an evil-doer, Tvovqpbs,

good man (11.33):

"Take heed

for he contriveth wricked things; lest

haply he bring upon

SIN

AND ATONEMENT
It

IN

BEN SIRA

BUCHLER
of

311

thee blame for ever".

was scheming

some kind

which the unsafe


to produce

political conditions of the

time were apt


will

(28,9):

trouble friends,

"And a man that is a sinner and will make debate among them

that

be at peace.
ways.
14

(2.12)

Woe

unto the sinner that goeth two


sinner that hath a double

(5,9)

Thus doeth the


Even

tongue.

(6.1)

so shall the sinner (inherit


(23.8)

reproach) that hath a double tongue.


shall

shame and The sinner

be overtaken
shall

in his lips;

and the

reviler

and the proud

man
in

stumble therein.

(11.32)

And

a sinful

man

lieth

wait for blood". 15

All these accusations suggest that

the sinner was deliberately stirring up strife between neighbors and friends, or his political denunciations and slanders

endangered the
law.

lives of

men who

unlike

him observed the

The

difficulty of defining the extent of the failure of the

sinners to carry out the

commandments

is

due to Sirach's

attitude towards

them throughout

his book.

Though he

frequently blames the ungodly for their sinful actions and


their disobedience to God, he, apart

from 41.8,9 ;5.4ff nowhere


,

addresses
of

them

directly, nor devotes a separate

paragraph
is

any importance

to them.
r

The simple

reason

that his
either

numerous exhortations, w arnings and counsels were


and
were
true, these

orally or in writing exclusively addressed to his followers


disciples.
It
is

were standing and walking


of the

in the

way
in

of the

commandments

Torah; but as they

various respects not perfect, and did not

come

up

to Sirach's high moral standard, they

were

in

need of

instruction

and guidance.

The

section of Jerusalem's po-

pulation with

whom

he continually contrasts the sinners


strictly.

was neither pious nor even observing the law


Sirach's references to

As

them

indicate, they believed in

God

as the creator of the universe

and

its ruler,

and

in

His pro-

Cf. Prov. 28.6, 18.

Cf. Ps. 10.8; 17.8ff.

312

THE

JEWISH QUARTERLY REVIEW

vidence as extending not only to nations, but to every


individual being.

They regarded the Torah


will,
its

to

be the
its

expression of His

and, on the whole, followed


prohibitions.
It

commandments and

should in this

connection be carefully noted that throughout his extensive


instruction Sirach exclusively deals with the part of the

law that regulates the relations

in their daily intercourse

between
in the

man and

his fellow,

and not one

single statement

whole book even touches on the observance of the


festivals, of clean

Sabbath and the


levitical purity

and unclean

foods, of

and impurity,

of marriage

and divorce, of

idolatry

and

superstition,

nor on non-Jews or heathen

customs, on the conduct in the Temple and the handling


of holy things, on the sanctity of the priests and their
holiness, etc.
in health in

Conduct and practice


illness, in

in all their aspects


all its

and

the

home towards

members,

the association

with friends, strangers and enemies,


priest, in business

towards the poor and the

and at
life

social

functions formed his subjects.

And

as daily
is

compasses

the cultured and the uncultured, and


cular in producing situations delicate

not always partiindelicate, the

and

laying bare of the realities of

life

is

in Sirach

sometimes

crude, the description rough and rude, and the remedial

advice occasionally lacking delicacy.


all

As

in all

places and
their

ages,

some

of Sirach's followers took liberties in

practice of the Torah


aries within

by extending for themselves the bound-

which they were prepared to keep the ethical

and

social

commandments; and they allowed themselves

some

latitude in their business dealing, in their private

morality, and in their treatment of the poor and the weak.


In addition, the section of the population, which
terially successful,

was mabook

but morally unscrupulous either partly


in

or totally, as thai described

the Psalms and

in

the

of

Jeremiah, by

it--

wealth, position and influence shook, the

SIX
belief of
religious.

AND ATONEMENT

IN

BEN SIKA

BUI

III.I.R

.M.S

some men who were not

firmly and

inwardly
heard

Again, the light talk of some Jews

who had

of

Greek philosophy as the most perfect wisdom and the


life,

most trustworthy guide to a blameless and good

and
its

the gradual infiltration of a loose Greek morality and

attractive features began to undermine the foundations of

Jewish family

life

and of the Jewish

social virtues.

All

that necessitated an emphatic restatement of the teachings


of the
self,

Torah

as the highest

wisdom revealed by God Himand purity and


and a
to

of the high standard of Jewish morality

of truthfulness

and an energetic and detailed reproof of


;

the violation of the honor due to father and mother


stressed

inculcation of the importance of submission

God

in

calamity, and of other essential religious and moral


life.

truths to be realized in daily


Sirach's instruction
is

not religious

in the

ordinary sense,

nor does he inculcate purely religious sentiment;


teaches practical
it.

but he

These he

set forth in
first

wisdom and the moral duties imposed by words seemingly dry and cold and
instance to the law-abiding citizens
of their higher obliga-

addressed in the
of Jerusalem.

He reminded them
weak and the

tions to support the poor in a truly charitable

manner, to

help the needy, the

priest,

to defend the

helpless in the assembly of the people, to work, to deal

honestly, to forgive wrongs, to

remember man's dependence


to re-

on God
pent.
his;

for his life

and His forgiveness, to pray and

Only rarely does Sirach turn


these, like

to poor followers of
sinners,

and even
their

some of the

seem

to

have

lost

possessions suddenly.
in

To

the sinners of the

wealthy class he refers only

order to instruct his law-

abiding adherents, and to deter the latter from following


their

example by

his holding
It
is

up

to

them the

fate of

the

unrepentant offenders.

therefore unfounded,

when

314

THE JEWISH QUARTERLY REVIEW


is

Dr. Bernard 16 says: "Turning from sin (8.5)

only the

reff

pentance of the righteous, and with the exception of 17,25

the attitude of Sirach prefigures the attitude towards sinners which


set aside
it

was the great work


his

of Jesus to challenge

and

by

example Lk.

15.2.

Yet Sirach denies the


It
first

sinners the excuse that they cannot help themselves.


is

not

God who

causes
is

man

to sin".

Certainly the

sweeping statement
himself (5.7):

most strongly contradicted by Sirach


tarrying to turn to the Lord;
for

"Make no

and put not

off

from day to day:


;

suddenly

shall the
in the

wrath of the Lord come forth and thou shalt perish


time of vengeance."
habitual sinner

The whole paragraph

deals with the

who may any day be overtaken by condign


is

punishment; there

only one thing that can save him:

repentance, and to that effective remedy, open to him and


to
all,

Sirach emphatically urges him on.

Similar

is

the

context in the passage wrongly termed by Dr. Bernard an


exception (17.23):

"Afterwards

He

will rise

up and

re-

compense them, and render


head.
(24)
;

their

recompense upon their

Howbeit unto them that repent He granteth

a return and

He comforteth them

that are losing patience."

Here the

sinner's repentance not only


fully deserved,
is

wards

off

the punish-

ment impending and


him God's
favor,
fering on the

but even obtains for

and he

received back; deterrent suf-

one hand, the inviting hope of a God-granted

return on the other are held up


to repentance. 17

by Sirach

to urge the sinner

Such were the two


to

forceful

warnings to

the habitual

offender

whom

otherwise only incidental

references are assigned, a fact not realized

by Dr. Bernard.

u.ilii-

As has been recognized by the commentators, Sirach genuinely religious man, and his meditations and
.i

instruction
'

were

undoubtedly
Bible,
<>f

religious.

Through

Hasting. Dictionary of the " Cf. 18.13: Bui the mercy tening and teaching, and bringing

IV, 531.
l . r
-

the

i-

upon

all

flesh;
lii<

reproving and chasflock

.i.iin.

;i*

.i

shepherd does

SIN

AND ATONEMENT

IX

BEN SIRA

BU<

BXER

315

all

of

them he continually reminded

his disciples of

God's

omnipotence and man's insignificance; He created the universe and man,

and His great works cannot even be enu-

merated by himl8. 5-7;


law, 17.1
ff;

He gave him
33

understanding and the


37.21,

39.6, also grace

and wisdom

and some
is

men He exalted above the rest and God of man's life 23.1,4,
34 = 3 1.14-1 7, from

= 36

11,12.

He

father

protects

him from danger

physician and the medicines 38.1,4


7.11,

and directs
life

while man's
suffering

Him comes healing 38.2, He creates the He humbles and exalts man's ways in truth 37.15; He is eternal, is short 18.1,9,10, therefore He is longforgive-

and merciful, and forgives 18.11-13, His

ness

is

great 17. 24;16. 11, as also His mercy 18. 13; 16.14.
evil,
life

Good and

and death, poverty and wealth, and

even some dreams come from

Him
is

11.

14;

34 = 31.6;
forgive,

mercy and wrath are with Him, He


and He poureth out wrath
16.11.

mighty to
sees
all

He

doings of

man
He

39.19

ff;

23.19; 16.14,

He

corrects 16.12, reproves


all

and
that

chastens, and brings the sinner back 18.13; and

expects

is

that

man

accept His chastening and study

His judgments 18.14, submit to His discipline, and seek


the law 32

= 35.

14.

The God-fearing man justifies His punit

ishment, the sinner interprets


16,17.

according to his

will 32.
re-

God

judges

man

according to his deeds, and


of His

quires of
fear

him the observance

commandments, the
in all

and love of Him, and


life

trust in

Him, and that he shall


hateful to

emergencies of
is

seek His guidance; 18


is

not to do His

will

folly

and wickedness, and pride

Him

10.7.
its

Sirach had an optimistic view of the world and of

management by God; and he


meditation rich
in religious

stated this his conviction


:"

in

thought (39.16)

All the

work
shall

the Lord are exceeding good, and every

command

be

(accomplished) in His season.


" See Smend. Die
Oesterley in Charles. Apocrypha. 308ff.

(17)

None can

say,

What

Weisheit des Jesus Sirach,

XXV;

Oesterley, XVIIIfl

'

316
is

THE JEWISH QUARTERLY REVIEW


is

this? wherefore

that? For in His season they shall

all

At His word the waters stood as a heap, and the receptacles of waters are the word of His mouth.
be sought out.
(18)

At His command
is

is all

His good pleasure (done); and

there

none that

shall hinder

His salvation.
it is

(19)

The

works

af all flesh are before

Him; and

not possible to

be hid from His eyes.


to everlasting;
(21)

(20)
is is

He

beholdeth from everlasting

and there
say,

nothing wonderful before Him.


this? wherefore
is

None can
all

What

that? For

all

things are created for their uses."

The

first

line states

that

that

God

created

is

not only good, but exceedingly

good.

But the wording

of the second line of the

same
first

verse which seems to be parallel in thought with the

suggests that the perfectness


fulness of every part of
it in

of.

the world means the use-

God's hand.

For the world


to the critical

presents to the watching, and even

more

mind,
that

many

a riddle;

and as there

is

to be noticed

much
is

is

harmful on earth, we often question the purpose

of this or that thing created

by God.

Sirach's answer

that even such things as appear to be useless and even

noxious have a definite object that

is

manifested

in

its

appointed time. For


in nature, like the

God

has the power to do great things

standing up of the waters of the Red


according to some commentators,

Sea as a help to

Israel, or,

at the creation, before, or

when, the waters were separated.

And

thus some good things, like food and drinks, exist to

serve as rewards for the righteous, while the evil things are

used by
I

God

as

means

for the

punishment of the wicked.


all

.<m|

employs the forces


his orders in

of all parts of nature

of

which

obey
of

both directions according to the deeds

man which

are fully

known

to

Him.

These ways

<it

God
,i

are understood by the righteous, while they remain


'

confusing riddle to the sinner


23ff.

SIN

AM) ATONEMENT

IN

BEN SIRA

BUCKLER

317

Sirach continues (39.33): "All the works of the Lord are

good:

and He will supply every need in its season. (34) And none can say, This is worse than that: for they shall all be well approved in their season. (35) And now with all your heart and mouth sing ye praises, and bless the name of the
Lord."

At the conclusion

of

his

argument Sirach
is

re-

states his conviction that everything


its

good and useful

in

season; therefore every


heart.
It

man

should praise

God from

full

seems that Sirach had to meet a pessimis-

tic

view of the world and a criticism of God's work that


his general

emanated from some Jews; but


Hellenistic influence or not.

statement does

not enable us to establish as to whether they were due to

Of man's

life,

on the other
:

hand, Sirach held a rather pessimistic view (40.1)


travail
is

"Great
is

created for every man, and a heavy yoke

upon

Adam, from the day of their coming forth from their mother's womb, until the day for their burial in the mother of all things. (2) The expectation of things to
the sons of

com?, and the day of death (trouble) their thoughts, and


(cause) fear of heart; (3) from
of gloiy, even unto
(4)

him that

sitteth
in

on a throne

him that

is

humbled

earth and ashes;

from him that weareth purple and a crown, even unto


is

him that
jealousy,

clothed with a
trouble,

hempen
disquiet,

frock.

(5)\Vrath,

and

and

and

and

fear of death,

and

anger, and strife; and in the time of rest upon his bed his

night sleep doth change his knowledge...

(8)

It

is

thus

with
fold

all flesh,

from

man

to beast,

and upon sinners sevenv.

more."

This austere meditation continues to

11

where a

fitting general

observation constitutes a suitable


reference
to ac-

conclusion.

Sirach's object, as the unexpected

to the sinners in v. 8 suggests,

seems to have been


it
.ill

count

for the suffering of the righteous:

comes upon
that,

everybody without exception; but, with


a very

there
ol

is

marked

difference between

the visitations

the

318

THE JEWISH QUARTERLY REVIEW

righteous and those of the sinner, inasmuch as the latter

are sevenfold.
in the

Sirach found the idea in the Psalms and


it is

book

of Job;

forcible in itself,

but hardly suf-

ficient to allay

the mental pains of the righteous.

II.

Six and God's Responsibility.


will,

While offending against God's


that

the sinner believed

He

did not see him; and as on account of that no

thought of
to

Him was

present in the mind of the transgressor

make him even


felt

for

one moment hesitate

in his action,

he

no restraint of any kind (23.18):

"A man

that

goeth astray from his


seeth

own

bed, saying in his heart,

Who

me? Darkness

is

round about me, and the walls hide

me, and no

man

seeth me; of

whom am

afraid?

High

will

not remember

my

sins; (19)

and the

The Most eyes of men


of the

are his terror, and he

knoweth not that the eyes

Lord
This

are ten thousand times brighter than the sun, beholding


all

the

ways

of

men, and looking into secret places."

man is conscious that his action constitutes a sin against man and God, and that he deserves to be punished for it;
but he
is

confident that he can escape the revenging arms


It is

of both.

strange that Sirach stressed so

much

the

conviction that
in

God

sees

even the most secret deed, while


is

the thought of the sinner there


all,

no reference to the
in

subject at

and God

is

perhaps only implied

his

question: Of

whom ami
God
will

afraid?

On

the other hand, the


sins,

offender said that

will

not remember his

meaning
however,

thereby

that

He

not punish

him;

this,

implies that he admitted to himself that

God

did see the

grave offence committed by Him.

Unless the Hebrew

used lure a wonl that in addition to remembering implied

"taking notice of", or a whole

line of

the original

text

was

losl in

the translation, the difficulty jusl stated remains.


will'

Now

Sirach deall

the

same problem again

(16.17):

SIN

AND A.TONEMEN1
thou,
I

IN

BEN SIRA

BUCHLER

319

"Say not
shall

shall

be hidden from the Lord; and


I

who

remember me from on high?


so

shall not

be known

among

many
It

people; for

what

is

my

soul in a boundless

creation?"

seems, Sirach was referring to God's at-

tention paid not at the


ted,

moment, when the


it in

sin

was commitcall

but

later,

when He remembered
But

order to

the

sinner to account.

to fix the exact point of time in


will

the
all

life

of the sinner,

when that
If

take place,

is

not at

easy or certain.

Sirach's

own words
r

did mention

the offender's soul, 20 this might suggest that the reckoning

was to be held
his,

after the offender's death,

w hen, along with

a thousand other souls are to be judged, and


in

when he

hopes to escape
If

the multitude the attention of the judge.

this

is

the correct interpretation, the sinner believed


till

firstly in
trial

the survival of his soul, at least


in

the time of

its

and punishment, 21 and secondly,


his soul for his actions

the future call to

account of

on earth; only of God's

memory

he had a rather low opinion, dictated partly by

his too sure

hope of escape.

Sirach's

argument against

such erroneous security refers only to the second statement


of the offender (18):
of heavens, the

"Behold, the heaven and the heaven


shall

deep and the earth


(19)

be moved, when
the foundations

He

shall visit.

The mountanins and


(20)

of the earth together are

shaken with trembling, when

He

looketh upon them.


these things:
there
is

And no

heart shall think upon

and who

shall conceive

His ways?

(21)

And
more
all

a tempest which no

part of his works are hid."

man shall God does

see; yea, the

punish; but, as

His ways are unfathomable for the

human mind, because

most

of His doings are hidden

from man, His punishments


foolish to think that
I

cannot be grasped.

But

it

is

does not punish every sinner.


20
11

See Edersheim's note. See Merguet, 1.17.

320

THE JEWISH QUARTERLY REVIEW


of the details of the very interesting
difficult

The uncertainty
passage
is

due to the
22

and uncertain wording


is

of the

Greek
it

translation.
v.

The Hebrew
(21)

here of
2

little

help;
,l

takes
"D

20-22 as spoken by the sinner

3(20)

nb

?y oj

purr
ynv
pin.

*3*nai nb d'b>\

dn

in

yy 'jNin &b
Ul'r
'

'nxtan

dn

"a -idd
It
is it

bin sdk.
true,
is

(22)pn-i'' '3

no

mpm
plain

'pns n^yo

this reads

more

than the Greek,


it is

though
to see,

not altogether intelligible; but

difficult

how

the Greek translator could have to such an


fairly

extent

misunderstood the
v.

plain

words.

For

he

read or actually had in


for

20 DiT^y for ^y, and Drrm-rm

omi, which

could be

somehow

explained; but in

v.

21, apart from the unsuitability of

3DK

in

the context

which demands deeds and not words, even the mere words

which might cover even partly the Greek cannot be


guished.

distin-

Nor does "iriD bD2 yield any sense.while the Greek prelast

supposes ~inD3 vtpyo a~n of which only the


in

word appears
t<b
,

the Hebrew.

And how

could

}'y
tjv

'iNin

DHan on

possibly account for K qI KaTCuyis

ovk orperai cu-0pcoiros?

With

creditable ingenuity Dr. Peters 24

comes

to the rescue
in

of the

Hebrew by

suggesting for 'nNtan as the verb

the

original 'nyt&n

which the translator misread as


the manuscript, which
is

myp!

And

pin piXN 3 in
unite] ligible
7.11, to
is

admitted to be

emended, according

to the

Greek and Micah

pn pn~r! All these impossible Hebrew phrases and

the strange divergences from the Greek combine to suggest


that not only
existing

was the Greek


text,

translation not based on the

Hebrew
into

but

that

the latter represents a


translation
of

translation

biblical

phrases of some

the original

Not contented with


see his
32

his self-assurance thai

God doc-

not

sinful Weed, the sinner exonerates himself from his


(

See Dip

me

in.

ii

|i

'

D<u

Buck Jesus

Sirech,

191

1,

SIN

AND

\lt)\l\!l\l

I\

BEN SIRA
11):

BUCHLER
thou,
It

321

responsibility

altogether (15.
I

"Say not
for

is

through the Lord that


the things that

fell

away;
(12)

thou shalt not do


It
i-

He

hateth. 2 *

Say not thou,

He

that caused
(13
1

me

to err; for

He

hath no need of a

sinful

man.
that the

The Lord hateth every abomination; and they

fear

Him

love

it

not.
left

(14)

He

Himself made

man from
own

beginning, and

him

in

the hand of his

counsel.

(15) If thou wilt,

thou shalt keep the commandments; and


is

to perform faithfulness
(20)

of (thine

own) good pleasure.


to be ungodly;

He

hath not

commanded any man

and

He hath
as
it

not given any

man

license to sin."

When made
it

conscious of his misdeed the offender did not deny

nor,

seems, did he express regret or repentance, as he

firmly believed that his

wrong action was due not

to his

own moral
his

lapse or weakness, but to


it

God

Himself.

When
of

he offended against God's law,

was not the dictate

own

free will,

but

it

arose through God.

The

contrast

in v. 11

moreover suggests as the further view of the sinner


for

that

God

some unnamed purpose

likes

man

to sin

and

even makes the necessary arrangement to lead

man

to sin.

But, as he does not appear to see the contradiction between

God's prohibition of an action and His advancement of


transgression, Siiach points out that, as
ful

it:-

God

hates the sin-

deed

itself,

He

does not want


of

it

to happen, nor does

He
it

want
fear

sinful

men; evidence

it is

the fact that those

who

God and obey His will also hate sin, cannot be for God a desirable thing. And

consequently
if

v.

20 directly

combats the view of the arguing offender, he asserted that

God even commanded man


only did not order
it,

to sin; while in truth


it.

but did not even permit


is

He not What
dif-

theory of sin those strange views represented


21

very

Hebrew

has:
it

commentators

"For that which He hateth made He not:" according to the was misunderstood by the Greek translator, see Box-Oesterley.

322

THE JEWISH QUARTERLY REVIEW


Sam.
24,
1
;

ficult to say. It is true, II

Chron. 21.126 ascribe

David's sin to the causation of


of the

God

Himself; and, in spite


also inflicted

punishment immediately decreed and


writer regarded

by Him

for that offence, scholars are inclined to infer


its

from

the account that


of sin. 27 Graetz

God

as the instigator

remarks on the passage

in Sirach: 28

"These

sentences constitute a strong protest of Judaism against the


false

wisdom,

or, as

we

are

now

justified in describing

it,

against Greek philosophy. Epicurism that yielded most to

the

human

inclinations,

and undermining scepticism had


in the tired

penetrated from the central seat of Greek philosophy to Alexandria,

and there caused

minds great mischief.

From Alexandria
and formulated

this so-called
it

world wisdom was brought

also to Jerusalem; here


itself in

proceeded to dissolve the law,

the teaching:

God implanted
If

in

the

human

heart tendencies and inclinations.


it is in

these incite
insti-

man

to sin or transgression,
it. 29

reality

God who

gated him to

This

is

the language of crude Epicurean

Eudaemonism which,
clinations.
It

at the

same

time, denies the moral


in-

determination of man, and makes of him a slave of his


is

the language of the corrupt Hellenists

who

used Greek wisdom as a screen of their looseness and of


their sinful lusts." 30 This explanation of
rect;

Graetz

may be corevil

but even Epicurism, or the implantation of the


in

bent
28

man by God,

does not account for the teaching,

Experiencing all things, that is committing all kinds of shameful deeds without scruple. See Pfleiderer, Primitive Christianity, III, 1901, 135ff. 27 Clemen, Lehre von der Suende 123ff., Hastings, DB, IV, 530b. Prof, Taylor in Journal of Theolog. Studies. VII. 1906, 558 on Log. 42'To those who thought

that

God tempts,
'
21

as the Scriptures say, quoth He, the evil one


find
in the

is

the Tempter'.

MCWJ,

21, 1872, 105.

commentaries, see Bousset, Religion, 2nd edition, who taught that evil was not a free act of man. but was due to the influence of his inborn nature, and that there was no other way to salvation but that of experiencing all things, that is committing all kinds of shameful deeds without scruple. See Pfleiderer, Primitive Christianity, III, 1910,

The same we

4M;

similarly with the later libertine Gnostics

135ff.

M Philo, De profugis 16, M. I. 558. says that those who blaspheme against the Divine, and ascribe to God rather than to themselves the origin of their evil can obtain no pardon. See Abrahams. Studies in Pharisaism, I, 1917, 142.

SIN

AND ATONEMENT

IN

BEN SIRA

Bl

<

III

Ik

323

combated by Sirach, that God ordered man


likes

to sin, and

him

to sin.

That presupposes some other


sin.

school of

thought about the origin of

On the other hand, Sirach emphasized that, when God made man from the beginning, He left him in the hand of his own counsel, dLa(3ov\i.ov. As Dr. Charles points out, 31 that Greek word is used among others in the Testaments as the rendering of the biblical
"I2T,

inclination.

Consequently

God
to his

does not influence man, nor had


sin

He
did

anything to do with the

even of the

first

man, as He

had

left

him

own way

of thinking.

As Sirach

not avail himself of this most appropriate occasion to state


definitely that

God

did not create man's inclination,

it

can-

not be admitted without further evidence that his opponents held that
in

God

created the evil bent and implanted

it

man, and thereby not only permitted, but even ordered


sin.

him to

As, on the other hand, Siiach in v.


free will of

15-17

most strongly emphasizes the


very marked degree.

man, the view

opposed by him seems to have been a determinism of a

The same opinion


upon the
earth, but

is

combated

in

Enoch

98. 4: "I

have sworn unto you, ye

sinners,...

even

so sin has not been sent

man

of himself

has created it;" and 69. 11: "For


like the angels to

man was

created exactly

the intent that he should continue right-

eous and pure, and death which destroys everything could

not have taken hold of him." 32

The author
sin

of that part of

the book of Enoch opposed a Hellenistic doctrine similar


to that fought

by Sirach that

was sent by God


nothing

in

the

way

of

man, and that he was created with the


is

evil incliin

nation; while Sirach also insists that there


to prevent
true,

man
It is

him from keeping God's commandments.


(21.

Sirach has

27):

"When
soul.

the ungodly curseth

Satan, he curseth his

own

(28)
'

whisperer defileth

Testaments of the

XII

Patriarchs, 162.

Oesterley. LXIII.

324
his

THE JEWISH QUARTERLY REVIEW

own

soul,

and

shall

be hated wheresoever he sojourned,"


in

and apparently presupposes Satan

man.
first

Judging by the

Jewish-Palestinian literature of the


turies, 21.
1,

and second cenI

we may take

it

for

granted that,

in spite of

Chron.

neither Sirach nor his contemporaries believed in


sin.

Satan as a seducer to

As Dr. Ryssel 33 remarks,


is

it

was

the view of the Greek translator, though even that


ful,

doubt-

but not Sirach's.


is

Now

the root

]3tp

never means:
hate, Ps.
27. 41

seduce, but

everywhere synonymous with XJP,


exactly the same
if

38. 21; 71. 13; 109. 20,

as Q'lV,

Gen.

and elsewhere.

Accordingly,
it

the original
his

read 77 pa
openly,
his

WDl 77pn wuw,


curses his

meant: he who curses

enemy
evil

own

life;

but he who whispers

about

neighbour

defiles himself,

and

is

hated.

31

In this connection yet another passage has to be considered, as according to Dr. Oesterley 35 Sirach here

came

perilously near to an

acknowledgment
15.

of the very doctrine

which he combats

in

11-20.

It

reads (33 = 36. 10-20):

"And

all

men

are from the ground,

and
of

Adam was

created

of earth.

(11) In the

abundance

His

knowledge the

Lord distinguished them, and made their ways various:

Some of them He blessed and exalted, and some of them He hallowed and brought nigh to Himself: some of them He cursed and brought low, and overthrew them
(12)

from their
hand,
so
all

place.
his

(13)

As the clay
of

of the potter in his

ways are according


hand
and

to his

good pleasure;

men

are in the

Him

that

unto them according to His judgement.


over against
evil,
life

made them, to render (14) Good is set


so
is

over against death:


(15)

the

sinner over again-t


all

the godly.

And

thus look upon

the works of the

another."
'
'

In the world

Most High; two and two, one against we see godly men and sinners,
I,

In Kautzsch, Apnkryphen und Pscudtpizraphen, Consequently there is no foundation for (>


p.
1

340.
theories, p.

LXII.

\.

SIN

Wl> ATONEMEN1

IN

BEN SIKA
life,

BUCHLER

$2

the

first

are blessed with a long

while the days of the


for

latter are cut short;

how

shall

we account

the two

groups of facts? There are several more such pairs noticeable


in

daily

life

that puzzle the mind, and the strange


is

fact in all of
v.

them

unreservedly admitted by Sirach

in

14.

It is all

due to God's judgment who renders to


fit,

men, as He sees

and Sirach

illustrates

it

by

several

instances of the overthrow of


in

some individuals and peoples


is

biblical history.

V. 12cd suggests that he

referring

to the Canaanites

who were

driven out from Palestine,

and to their ancestor

and declared a slave


realized

by God.

It

Canaan who was cursed by Noah by him, which was approved and is true that such degradation was
his general character,

entirely

due to Canaan's deed and


to

and not

God's choice; Sirach, however, did not consider

that in his argument, but only God's apparently arbitrary


humiliation.

At what stage

of their existence
in

with the peoples and the individuals


is

the

God dealt way stated,

clear

from the statement (12d):

"And overthrew them

from their place"; they had been


positions for

living in their respective

some

time, before

so also the words (12c):

"some

brought low," clearly state

He removed them. And of them He cursed and that those whom He cursed
exalted,
to

and reduced had before held

their high station undisturbed.

The

contrast (12)
of

and some

"some of them He blessed and them He hallowed, and brought nigh


:

Him-

self." fully bears out that interpretation. It seems that Sirach


is

not referring here to Aaron's choice as priest, but comEx. 19. 4-6 the respective relations

pares on the basis of


of Israel

and the Canaanites with God:

though
in

all

human

beings are descended from

knowledge distinguished

Israel

Adam, God among the

His wisdom and


nations Ex.19
5,

and made,

in

His choice and judgment,


all

its

ways

different
is

from those of

other peoples, Lev. 20.26.

There

no

326

THE JEWISH QUARTERLY REVIEW


assumed idea that God moulds the chartheir beginning, so

trace here of the

acter of all or

some individuals from

that

He would
Jer.

be responsible for their actions.

Even the
is

comparison with the potter and his clay which

taken

from

18.6ff

has nothing to do with the faculties of

man and
place, to

his

inclinations,

but

refers,

as in the original

God's retribution for sins according to His own


.

judgment

And

in the

same sense

also v. 14 has to be

understood as a generalization
ated
in

of the

principle

enunci-

the preceding instances of God's ways or works


Israel

towards mankind:

obeys the

will of

God,
is

his neigh-

bors, especially Syria, practise evil; Israel


life,

rewarded by

the sinful peoples are punished

by death.

And

as

those nations represent the two opposite attitudes towards

God, so do within

Israel the Hellenists

and the godly men

whose respective fortunes

correspond
(15)

by

God's judgthus look

ment with
upon
all

their respective actions:

"And

the works of the


It

against another".
lem, influenced

Most High; two and two, one appears that some Jews in Jerusa-

by the teachings of the Stoics, pleaded for the equality of all nations and all individuals in the sight of God; Sirach's answer was that He in His judgment
distinguished
Israel

among
of His

all

nations,

not arbitrarily,

but

in the

abundance

knowledge that enabled

Him

to weigh the merits of

all justly,

and to

set

back the people

that inclined towards


Difficult,

sin.

however,

is

another statement which deals with

wisdom granted by God to different men (1.9): "He created her (wisdom), and saw, and numbered her, and poured her out upon all His works.
the various degrees of
(10)

She

is

with

all flesh

according to His

gift;

and He gave
gave

her freely to

them that love Him".

And

again (43.33):

"For

the Lord
In

made

all

things;

and

to the godly

He

wisdom".

comparing the two passages we recognize

SIN

AND ATONEMENT

IX

BEN SIRA

BUCHLEB

327

that those

receive from

who love God are identical with the godly who God wisdom, while other, average Jews who
it

do not merit

by

their

conduct are not distinguished by


it is

that gift of wisdom; and

evident that there

is

not 10a

the slightest foundation for the assumption that


refers to the Gentiles

v.

and 10b to the Jews'


is

6.

The

identity

of those
(2.15):

who love God "They that fear

also

proved by another passage


keep His ways".

the Lord will not disobey His

words; and they that love

Him

will

The
love

parallelism

establishes

the identity of those

who
sight

Him

with those

who

fear

Him; but

it is

at

first

not certain whether the attachment of the former to


is

God
fear

not thought to be stronger than that of those

who

Him.
Lord
shall

The passage continues


will

(2.16);

"They

that fear the

seek His good pleasure; and they that love


filled

Him

be

with the law."

It

seems again that the


than the former.
15
(

latter possess a higher degree of perfection

The same
"Blessed

seems also to follow from 34.


is

= 31.
The

17):
to

the soul of him that feareth the Lord:

whom
of the

doth he give heed? and

who

is

his stay? (16)

eyes

Lord are upon them that love Him, a mighty protection and a strong stay, a cover from the hot blast, and
a cover from the noonday, a guard from stumbling, and

a succour from

falling.

(17)

He

raiseth

up the
life,

soul,

and
bleswill

enlighteneth the eyes:


sing."

He

giveth healing,

and

In Job 28. 28 37 the fear of the Lord which, as


is

be seen presently, Sirach took over completely,


with departing from
a transgression of
evil,

parallel

and

means the abstention from


of definite contents.

some prohibitions

On

that connotation of the fear of


In 47.22:

God

is

based 1.28:

and He will not deand the seed of him unto that loved Him He will not take away; and He gave a remnant unto Jacob, and David a root out of Him," the elect is David, and he who loved Him is Abraham

"But

the Lord will never forsake His mercy:

stroy

any

of His works, nor blot out the posterity of His elect;

Is.

41.8.
'

rrra

jno

-ncn

noon ton

'n

ntn\

328

THE JEWISH QUARTERLY REVIEW


fear of the Lord", for
it is

"Disobey not the

presupposed

to be identical with certain

commandments
in
is

to be obeyed,
19.
10.

as

it

is

synonymous with the Torah


19.

Ps.

In

the contrast in

24:

"Better

one that hath small

understanding, and feareth, than one that hath prudence,

and transgresseth the law",


fear of

it is

expressly stated that the

God meant
in 1.30:

refraining

from

transgressing

the

law.

Again

"Because thou (hypocrite) earnest


full

not unto the fear of the Lord, and thy heart was
deceit,"
it

of

prohibits dishonesty of the mind.

And

in the

context of 27.3:

"Unless a

man
38

hold on diligently in the

fear of the Lord, his house shall soon be


it

overthrown,"

forbids dishonest dealings.

In the lesson derived from


to
is,

the end of an adulteress

obedient
the

in

the law of
in

who is stated God (23.23), that

have been

dis-

she transgressed

prohibition

the
left

Decalogue, Sirach says (23.27):

"And

they that are

behind shall know that there

is

nothing better than the fear of the Lord, and nothing


sweeter than to take heed unto the

commandments

of the
to

Lord".

In

the

first

part

he

points

to obedience

the prohibition mentioned, and in the second probably to


the relevant positive
(2.15)

commandments 39

And

in

the passage

from which
Lord
will

this

examination issued:

"They

that

fear the

not disobey His words; and they that love


first line

Him
ways

will

keep His ways," the

suggests obedience

to the prohibitions of

God, while

in

the second His positive

clearly point to actions ordered, to positive


at

command-

ments; and

the

same time we

Irani that the love ol

God

is

superior to the fear of Him.


tear of
(4.12;

A> the
CI P

God

constitutes such a
1310
here
-|'nse>i

.urc.it

treasure,
'n nT) man away

~o-io
"iiD;

jna -\wh is: (DDio7.x


ol

riD-n" oi?p ppa 313 npyi jno

the
<

feai

the

"i.i

keeps

from

evil

deeds and the


p

false tongue,

and

hara< teristically

yio

"iiD Is

used as in Job

28.28.

U2.1:

Happy

is

the

man

thai Feareth the

ord, thai deHfihteth greatl}

ommandmi

six

AND ATONEMENT
its

IN

BEN SIRA
is

BuCHLER

M
lor

it

is

obvious that

acquisition

a personal merit of

itit

possessor which accounts for the rewards granted

by God.
and

They are described


it

in

vivid colors (1.13)

"Whoso
(40.26)
fear
in

feareth the Lord,


in

shall

go well with

Him

at the last,

the

day

of his death he shall be blessed.


will lift

Riches and strength-10


of the

up the heart; and the


there
is is

Lord

is

above both:

nothing wanting

the fear of the Lord, and there


therein.
sing,

no need to seek help


is

(27)

The

fear of the

Lord
all

as a garden of bles.

and covereth a man above

glory 41

(25.

1)

The
is

fear

of the

Lord passeth
shall

all

things:

and he that holdeth


(6)

it,

to

whom

he be likened?

Much
is

experience

the

crown of old men; and


Lord. (34.13

their glorying
spirit of those
is

the fear of the

= 31.14) The
hope

that fear the Lord

shall live; for their

upon Him that saveth them. and


shall
is

(14)

Whoso

feareth the Lord shall not be afraid,

not play the coward; for

He

is

his hope.

(15) Blessed

the soul of him that feareth the Lord:


give heed? portion:

to

whom
wife

does he
is

and who

is

his stay? (26,3)

A good

a good

she shall be given in the portion of such as fear


(32

the Lord.

= 35.14) He He

that feareth the Lord will

receive His discipline;


find favour.
(15)

and they that seek

Him

early shall
filled

that seeketh the law shall be

therewith: but the hypocrite shall stumble thereat.

(16)

They
as
is

that fear the Lord shall find judgement, and shall


It is

kindle righteous acts as a light."

the same thought

expressed more fully


in

in 2.

7-11

as a warning to the

God-fearing to trust
in

God, while

suffering,

and

to submit

humility to His

trials (2.

17,18).
'n

The

original

perhaps

read ]n inxo' v-irwoi tdio np'


has ruyo
*o

yv

imnPDi hdio
^'ITI

np' "?n

NT, while the Hebrew text khh. The commentators

Substance

ny.
Is.

nsnTDJ hj by
who
love God.

4.5; in

34.16-31. 19:
the

that love Him, a mighty protection"

"The eyes of the Lord are upon them same is promised in a higher degree to

those

330

THE JEWISH QUARTERLY REVIEW


Greek translator mistook
Syriac has:

of the latter suggest that the


~int>

for a derivative of

~intt\

The
will

"He

that

seeketh the service of

God
1

receive instruction,
will

and
it

when he prayeth
wording.

before

Him, He

answer him";
original

evidently presupposes njy

nnPDl as the

Hebrew
pre-

It is difficult to see,

how
is

the Greek and the

Syriac could be the renderings of the


served.

Hebrew

text
it

As

in addition

ruyo

vw

not Hebrew,
is

seems to

me

fairly

obvious that the Hebrew


translation.
it

the translation of
presents

some

earlier

Again,

Hebrew

the

curious fact that


sions, or,
if

has been preserved in three different ver-

five wordings.
13,

we count the marginal variants, even in four or One reads vpv nVn^nai pm nip' ? Bnn
1

another lrr^sna inajn np ?

rip'

"?n

'2csn

nn, and both


same
in

are evidently the several translations of one and the


translation;

and

all

that would be necessary

is

to trace

the latter source.

How
is

nVn^no should have meant


;

Hebrew a hypocrite,

certainly a riddle but

if

we remember
is

that in Gen. rab. 53. II 42 R. Levi applies Prov. 26. 18,

containing that rare word, to Ishmael

who

alleged to

have shot arrows at


understand,
in that

Isaac,

and pretended

to play,

we

shall

how

the rabbinic retranslator hit on that In


v.

word

meaning.

16c Syriac has:

"shall produce

much wisdom from their heart"; while Hebrew reads


N'xv *\w:n ni^unni
tators
N2fP

ddpd

ys* 'n
last

KT, where, as the commentwo words should read


lito
nipixi,

already noted,
wbid.
is

the

Greek presupposes YVW


Sirach taught in

and

there

no occassion

for the various artificial suggestions

advanced.

those verses that only,


either
will

if

he

is

able to resolve to fear

God

by arousing, mainand determination


in

taining

and developing through

that moral force, or

by

training his

mind

that attitude

by
41

resolutely
Baclicr,

refraining from transgressing the law, will

Pal. Amoraeer, II, 344.

SIX

AND ATONEMENT
God's

IN

BEN SIRA
and
revert

BUCHLER
protection.
1.

331

man- obtain
After
this

blessing
let

His
to

digression

us

10:

"S

(widsom) is with all flesh according to His gift; and He gave her freely to them that love Him", where it is difficult And it is to understand moral responsibility in man.

even more so
fear the

in
is

another statement of Sirach (1.14):


the beginning of

"To

Lord

wisdom and
;

it

was created

together with the faithful in the

womb.
and with

(15)

With men
al-

she nested an eternal foundation


she be had in trust. "

their seed shall

As
it

to the last verse

Edersheim

ready suggested that

refers to the
its

Mosaic law which,

as the highest wisdom, after


lasting

revelation built an ever-

home

in Israel

and

since then that nation has been

holding that wisdom in trust.

The same
I I

idea

is-

stated
rest;

again (24.7):

"With

all

these
shall

(wisdom) sought
lodge?
(8)

and

in

whose inheritance
all

Then

the

Creator of

things gave

me

commandment; and He

that created

me made my
in

tabernacle to rest, and said,

Let thy tabernacle be


Israel.
..

Jacob, and thine inheritance in


I

(10) In the holy tabernacle

ministered before
(11) In the be-

Him; and

so

was

established in Zion.

loved city likewise

my

authority.

He gave me rest; and in Jerusalem was (12) And I took root in a people that was
own
inheritance."

glorified,

even

in the portion of the Lord's

According to this theory, before the revelation on Sinai


the seat of

wisdom was

in

heaven and there


;

is

no foundascholars

tion here for the assumption,

derived by some

from

1.

14a, that

wisdom was created already with the

patriarchs in the

womb;
As

for that verse refers to Sirach's

own

time,

and the

faifhful are not, as in II


far as
I

Mace.

1.

2,
is

the patriarchs.

remember, that adjective

applied to the in the Palestinian-Jewish literature nowhere except to Moses in Num. 12. 7"; and the context
patriarchs,
<

Cf. Ps.

101.6.

332
in Sirach

THE JEWISH QUARTERLY REVIEW


shows that the
faithful are parallel

with those that

fear
of

and love God.


further

And

as in

1.

10 the mere absence

any

explanation

indicates,

Sirach

who

is

never sparing in words referred to the same godly men. 44

But as the
in

fear of

God was
their

created by

God with
in

the faithful

the

womb, and
life

moral and religious conduct throughfor

out their

was determined

them

advance,

in

what

does their merit consist for which


It

God rewards them?


biblical

seems that Sirach

merly shared the


gives

view of
other ca-

the problem that


pacities; so king

God

man wisdom and


I

Solomon was distinguished,


the

Reg. 3.12,

and Jeremiah was designated by God a prophet, before


he was formed with
all

in

womb, and was, no doubt, endowed

the qualifications required for his calling. 45

Why

God
in

puts the fear of


is

Him

into one

man and

not also into


clear that,

another,

beyond our understanding; but

it is

His judgment and pleasure,

He

thereby destines one

to

walk before Him


less

in

the fear of God, and the other to

be

good or even

sinful.

And why men who

differ as

to their determining

endowments should equally be held


is

responsible for their deeds


find (l.lO)that

even a good
liable to sin

of

God, and

is

a riddle. On the other hand we man may not abide in the fear "Ye that fear the Lord, (2.7):
lest

wait for His mercy; and turn not aside,

ye fall";

and

it

does not seem to follow from the presence of innate

fear of

God

that

its

possessor

is

spared the struggle for the


in

preservation of the grade of piety implanted

him

in all trials

and temptations.

In addition, His gift imposes on

him a

far greater responsibility for his conduct

and

his actions.

Again, as the faithful were not


that acquired for
self-control

men

of

.in

average character,

them or roused

in

them, by a determined

and by sustained obedience to the commandtin 'Midden

ments, the fear of God, and who could by


'
(
f,
<

on rush of
>

tetterley

and

B(

1,5, cf. Sir.

19.7:

And yet he

mi

nni

tified in tin-

womb

t"

I"-

prophet

six

AND ATONEMENT

IX

BEN SIRA
in

BUCHLER

533

trials

and temptations be shaken


of tried

their faith, bill

were

men

and confirmed

piety, the difficulty of the prob-

lem appears insurmountable.


satisfactory answer to
(15.
it

But,
in

it

appears to me, a
Sirach's declaration

is

given

14):
left

"He
him
in

Himself made
the hand of his

man from

the beginning,

and
wilt,

thou shalt keep the


is

own counsel. (15) If thou commandments; and to perform


own)
good
pleasure."
All

faithfulness

of

(thine

equipment bestowed by God on man, even wisdom and


the fear of God, do not secure man's right conduct, and

were not intended by


guidance, and with
it

Him

to

do

so;

they certainly afford


it

greater responsibility, but

is

left

to the choice of every individual to use


in fullfilling

them properly

the will of God, His


to

commandments.
to acquire the fear of

As a preliminary

wisdom man has

God, and Sirach declares him blessed that pursues and


endeavors to obtain wisdom
(15.1):
(14.

20-27), and concludes

"He
is

that feareth the Lord will do this; and he

that hath possession of the law shall obtain her. (19. 20)
All

wisdom

the fear of the Lord; and in


(21.

all

wisdom

is

the

doing of the law.

11)

He
If

that keepeth the law be-

cometh master
of the

of his inclination;

and the end

of the fear

Lord

is

wisdom. (1.26)

thou desire wisdom, keep


shall

the

commandments, and the Lord


freely.

give

her

unto
is

thee

(1.27)

For

the
First

fear

of

the

Lord

widsom and

we see that to love God meant the keeping of His commandments, as in Deut. Secondly we see from 15.1 that wisdom and the 11. I 46
instruction."
.

possession of the law are not identical, as the acquisition


of the law has to precede that of

wisdom.

As on the other
of the covenant, of God's
its

hand, wisdom

is

identified with the

book

the law of Moses, as the


(24. 23ff),
*

embodiment
by
its

wisdom
that

it

is

clear that

study and

observance

Note the love Him.

parallel in 1.10:

And He gave

her (wisdom) freely to them

334

THE JEWISH QUARTERLY REVIEW


has
to

man
(6.

acquire

gradually the highest degree of


It

wisdom attainable
18):

for him.

can be

won by

instruction

"My

son, gather instruction

from thy youth up;


.

and even unto hoar


(20)

hairs
is

thou shalt find wisdom

How
is

exceeding harsh

she to the unlearned! and he


will

that

without understanding
is

not abide
gifts

in

her."

Even he who
he

not blessed with mental

undertakes

to follow wisdom, though, deterred

by

its

onerous demands,
(6.

may

soon drop her; for she


{ibid.),

is

a chain

24,25), a
(4. (6.

burden

and

imposes

very

hard
(18). 47

trials

17),

until she reveals to

him her
wilt,

secrets

Again

32):
if

"My

son,

if

thou

thou shalt be instructed; and thou shalt be prudent.


. .

thou wilt yield thy

soul,

by
and
shall

attending the discourses of the elders.

(37)

Let thy

mind dwell upon

the
in

ordinances

of

the

Lord,

meditate continually
establish thine heart,

His commandments:
desire of

He

and thy
it is

wisdom

shall

be

given unto thee. " Here also


ly that

stated clearly and definite-

wisdom
its

is

something more than the law of the


it is

Torah and

fulfilment:
in,

the guidance derived from


of,

the meditation

and the study

the law, and from


(9.

the practical instruction of scholars and teachers.

14)

"As

well as thou canst, guess 48 at thy neighbours,


(15)
let

and take

counsel with the wise.


of understanding;

Let thy converse be with


in the

men

and

thy discourse be

law of

the

Most High.
board and
;

(16)
let

Let righteous men be the companions


in

of thy
47

thy glorying be

the fear of the Lord."

impression

The crooked ways of wisdom (4.17) are referred by the commentators to the made upon the student by the requirements of wisdom. But the wording seems to suggest that the method employed by the teachers of wisdom appeared crooked, as e. g. Aristotle's method of training for the middle way by the extreme
41

opposite.

The Greek OTOx6.oonai


seek the

heim's:

man

out, search him.

has njy which is the root of and very characteristic that also the Hebrew text has the unknown Hebrew root ruy; is there the slightest doubt that Hebrew simply took over the verb from the Syriac, without considering its special meaning?

by 'guessing'; better is Edershad "lpl"l; Syriac It is most remarkable the noun py, consider, watch.
is

incorectly translated

The

original probably

SIN
It

AND ATONEMENT
all

IX

BEN

SIR A

l;i

HLER

335

seems from

these passages that Sirach distinguished


1.

three stages in the training for wisdom:


of the fear of

the acquisition

God, meaning, as was shown, obedience to


2.

the prohibitions in the Torah;

that of the love of God,positive

denoting

the

practice
3.

of

the

duties

towards

the fellow-man; and

that of wisdom, comprising the


laid

observance of the extension of the moral law

down
their

and expounded
instruction
(6.

in the discourses of the elders

and

35).

And

there seems to have yet been

another form of teaching by proverbs of understanding


(6.35) the contents of

which

it

would be of great

interest to

ascertain.

They

are mentioned again (8.8):

"Neglect
in their

not the discourse of the wise, and be conversant


proverbs; for of them

thou shalt learn instruction,

and

how

to minister to great
;

men.

(9)

Miss not the discourse


:

of the aged

for

they also learned of their fathers

because

from them thou shalt learn understanding, and to give


answer
in

time of need.

(18.

28)

Every man

of under-

standing knoweth wisdom; and he will give thanks unto

Him

that found her.

(29)

They

that were of under-

standing in sayings became also wise themselves, and poured


forth apt proverbs".

But the most

instructive statement on

that point

is

39.1:

"Not
all

so he that hath applied his soul, 49


will

and meditateth
in prophecies.

in the

law of the Most High; he


the ancients, and
will will

seek

out the wisdom of


(2)
.will

be occupied

He

keep the discourse of the men

of

renown, and
(3)

enter in amidst the subtleties of par-

ables.

He will

seek out the hidden meaning of proverbs,


in the

and be coversant

dark sayings of parables."

If

the

Book

of Proverbs

and Sirach's Proverbs may be taken as


in the first in-

illustrations of

such proverbs, they contain

stance the finer and deeper ethics as applied to the fellow-

man

in all aspects

and

all

emergencies of

life.

(To be continued)
Syriac
has:

Not

so he that hath applied his soul to the fear of God.

WAS THERE A FORM

7I7S3 IN

EARLY HEBREW?
Hebrew Verb" (JQR.,

In his article "Light on the History of the

N.

S.,

XII,

25ff.)

Israel Eitan reaches the conclusion that in ancient

Hebrew the two


one with

Nun

forms of the basic conjugation, the Ka Hppn1 (Niph'al) and the other with Taw (npsnn,
reflexive
.

Judges 20.15), were matched by two reflexive forms of the


Po'el,

Pi'el

and

one familiar to us with

Taw

((Hithpa'el and Nithpa'el) and


left in

another with
tures.

Nun

of

which only spare remnants are

the Scrip-

How

is it,

contends Mr. Eitan, that

in all the Semitic


It

languages

only the Ial exhibits a reflexive with


just as the reflexive with

Nun?

stands to reason that

Taw

is

found

in all the conjugations, so also

the reflexive with

Nun

should be found to a larger extent and not be

confined to the the ICal only.


in the Bible

And

he did not rest until he found

strange forms digms as the remains of the desired conjugations, as follows:


[

which he could incorporate into the para-

nans
ODitffl

isa.

33.10.
7.16.

Eccles.

Po'el

]^n Num.
'33i3fl

21.27.

Isa. 54.14.

IBiS] Ps. 59.5.


K!fl

Num.
2

24.7.

KftJ]

Chron. M.21.
56.

D33H Lev. 13.55


pi e]
.

neon Prov.

26.26.

n??? Deut. 21.8.


incn.3
I

Ezek. 23.48.

INfer

Dan.

11.14.'
last

All these

examples, except thd


of the Hithpa'el
first

three,

have been considered

up to date as forms
is

and
it

Hithpo'el, in which the

Taw

assimilated to the

radical,

and

was evident

to grammarians,

from Hayyuj to the


generally the
>

latest of Christian

grammarians, 1 that although


",

Taw

is

assimilated only before


include
in

0, n, nevertheless such

Mr. Eitan
(Is.52.5)

failed to

his

list:

1K3_3n (Jer.22.13)

'nOTOn

(Ez.5.13)

Y^iD

'nN33n (Ez.37.10)

See Sefer Hariftmah.


Spr.

22,p.US;

also

Bauer-Leander. Histor. Granmatik der

heber.

15g.

U7

338

THE JEWISH QUARTERLY REVIEW


also before other letters, especially be-

assimilation might take place


fore 3

and

J,

as will be explained further on.


belittle this
is

Mr. Eitan endeavors to

theory and prove

it

erroneous

on the basis that no evidence


of assimilation

furnished elsewhere for such a process

and that the


and
n.

Taw

does not disappear before any other


insists that all the

letters except 1, a,

Consequently he

exam-

ples cited
Po'el,
hibit,

above are remnants of the

reflexive with

Nun

for Pi'el

and
ex-

and that the Dagesh

in the first radical,

which

all of

them

does not represent an assimilated


stands for
DDTTgl and not for

Taw

but an assimilated Nun:


stands for HDDtf)

D?1"l
etc.

DOTiri^, HDsri

He

finds further support for his theory in the fact that

most of

these examples are furnished in the Scriptures with a regular Hithpa'el

with Taw,

as, e. g., DJDiTtf

Dan. 11.36; ODiF P s 143.3;


.

ljiSIV

Prov.

24.3; Osnry)

Gen. 24.65.

Why

have two forms

of the Hithpa'el for


is

one

and the same verb?


with

The

conclusion therefore

that the

full

form

Taw
If

is

Hithpa'el, while the form with

Dagesh

in the first radical

belongs to a conjugation /??.

we examine

carefully his proofs

we

find that

they are not con-

vincing.

Whence does he

obtain the assurance that a


"I,

Taw

cannot be as-

similated except before

D,
is

The

fact that

such a process does


Also,
in respect

not occur in the Scriptures

not sufficient

proof.

to assimilation of consonants,

Hebrew

is

subject to general Semitic

laws,

and

this strange

phenomenon, which cannot be explained from


in other Semitic languages.

Hebrew

itself,

may have an analogy

Now
of the
D,
3,

we know
DB>3N

that in the Aramaic of the Palestinian

Talmud and
,

Midrashim the
p"?BK = pb>DnN

Taw

is

assimilated also before the letters 3, B,


14d);

p:

= DE>3T1N

(Shab.

B>N3N
,

= B>N3rm

(Baba Batra
31c).

13b);

(Shefclim 48d); p

DEN = pTEn< (Kil'aim

In the Babylonian

Talmud
,

the conjugation Ithpe'el and Ithpa'el

drop the
,

Taw in

most cases 5
(Sotah

as, for instance,

'B3N

= 'D3nN

(Ta'anit 25a)

K D3P='D3np
Batra Ilia);

32b);

N'ySD

= N'ysnD,
N"IB3B

*yD3K = *)'D3nN

(Baba

THD=TanD (Mak.
is

11a);

= tOBino
rVN,

(Besah 15a).

And
and

not only in the verbs


in

the

Taw

assimilated even before C

3,

but also

words

like the following:

K3N = N3
,

KB^tO
pyVV
|

TV ?;

Dalman, Grammalik da
In TarKiin

jiid.-palasl.
(I

Aramaiisch 2

par.

59.5.

Jonathan: -j'^DnNI

Chron.12.6), the rendering of

See Luziatto's

Grammar

of the

Aramaic

of the

Bahylinian Talmud,
J

74;

alio hfargolla, Lehrbuch der aram. Sprache dts babyl. Talmuds.

4 23. 34.

WAS THERE
and
in the

A XII'PAEL IN

HEBREW DISTENFELD 339


in the
1

Palestinian

Talmud and
instead of

Midrashim we

find

N}'?

instead of

WN

n' ?, JJ'^

13N TV ?.

It is also interesting to

note that in the

Targum Jonathan and

Targum Yerushalmi, where


it

the assimilation of

Taw

is

not so frequent,
3,

nevertheless takes place sometimes before the letters 3, 3,

and P 6

as, for

example, rvna.?

= rvnano

(jon. to Lev. 9.23);

tfcjnp

= t6yano
(Lev.

(Gen. 20.3);
21.14).

vbpbpQ = vbpbpra (Deut.

14.21);

N12>30

= "iB>3no

And
in DOliy,

as to the elimination of

Taw
in

before a guttural as exemplified

we

find its

analogy likewise

Aramaic: 7/y'N (Yer. Shab.

8c),

Dnrro (Yer. Ber.


Similar to

5c).
r

Taw is Lamed, w hose nature is not to be assimilated, and


is

yet no serious-minded scholar of to-day will go back to the opinion


of

Abul-Walid Ibn Hisdai that npN


7
,

derived from

l"lp]

and not from

np7

since

we do not

find

that the

Lamed

is

assimilated.

Sound

philological sense tends to the belief that although

we do

not find a

specimen of an assimilated Lamed, yet "this

is

not beyond analogy

and not

far

from the usage of the language"


find in the

(Sefer

Harikmah,
"?y
;

p. 86).

And
WISH
is

so

we

Aramaic
in

of the

Talmud

33N = 33

Nnjn=i

7y, etc.

Likewise

Arabic the

Lamed

of the definite article

7M

eliminated before sibilants, dentals, and liquids.

Also the second proof

is

uncertain.

From

the fact that most of

the examples, on which the writer bases his theory, are found also with
a

Taw, the opposite conclusion might be deduced, namely that the


assimilated letter belong
likewise to the Hithpa'el.

forms with an

For so we
times the
tinian

find in

both Talmuds that in one and the same verb someextant and sometimes
it

Taw

is

disappears.

In the Pales-

Talmud:

K^j?9

(Gittin
T33N1

18)=N^pno

(Sanh.

23b);
(Ps.

in

the

Babylonian Talmud:

(Baba Batra

10b) =TSnijq

50a);

Vnni^rnnDI
stands for

(Ber. 58b).

In these examples the Dagesh undoubtedly


is

Taw and
And
it

not for Nun, since in Aramaic there

no
in

reflexive

with Nun.

stands to reason that what holds good

Aramaic

holds good also in Hebrew.

The two forms 1?33 and n?M, mentioned above, have been
sidered so far as belonging to a conjugation Nithpa'el, which
is

con.
quite

current in post-Biblical Hebrew.


plained in this manner:
~lS3J
is

Naturally, they too have been exetc.

= ~IS3ru

But once the

principle of

the assimilation of
'

Taw
I.e.,

removed, this explanation becomes unten-

See

Dalman.
is

n.3.
p.

'

This opinion

quoted in Sefer Harikmah,

186.

340
able,

THE JEWISH QUARTERLY REVIEW


and Mr. Eitan endeavors to prove that these forms constitute

the perfect of this newly invented conjugation, whose earlier form was
?9p3 after the Arabic ?9RC.
syllable before
i.

However, since a short vowel


syllable has
it

in in

an open

an unaccented

been discarded

Hebrew,
?BR?,

e.

has been turned into Shewa,


^S?j1

should have been vocalized

in

our case

and

^D]},

why

then a Hirek in the

Nun and

a Dagesh

in the first radical?

And

here Mr. Eitan

made

use of linguistic analogy,


~l??}

remedy

so often applied to every philological difficulty:

and

lltp^
is

have been vocalized with a Hirek because the perfect Niph'al


is

generally vocalized with a Hirek, and the Dagesh


is

necessarily

inserted to close the syllable which

articulated with a short vowel.

So we say

i^iD? instead of 1/iOJ

by analogy with strong Niph'al.


Dagesh
is

The

possibility of such

an

artificial

proved from the Dagesh that


f

occurs in the passive of the Kal:

np7 TpJ
f

etc.

However,
vowel
in

this

analogy does not hold good.


before the accent

A
deem

primitive short

an

open syllable

necessarily
it

becomes

either long or closed.

Now

the language did not

necessary to

lengthen the short vowel and differentiate externally between the passive of the

Kal and that of the

Pi'el, since

the boundary line between

the Kal and Pi'el with reference to their ussage was already blurred

somewhat and the


able; moreover,
free itself
it

difference
to the

between them was not always recognizadvantage of the language that


it

was

should

from a multitude of conjugations wherever these are no long-

er indicative of special usages,

and therefore a Dagesh was inserted


But
in the instance

also in the passive of the Kal.


in "IS3J
etc., it

under discussion
in
is

appears that the closed syllable developed


only.
t

the place
so great,

of

Shewa by analogy
find

If so,

if

the force of analogy

why do we
calize

onbp:

'fl1/3,

Wffl, etc.?

By analogy we

should vo-

onbp?,

TY17J2J,
is is

1HB0, etc.

We

must assume therefore that the

force of analogy

not sufficient to cause an increase of a syllable


distant.
it

where the accent

And

as to 1/iO},

is

an altogether different
I

linguistic

phenomenon,
time
~i???;

the discussion of which

must forego at the present


is

for lack of

and Bpace.
in

At any rate there


is
i

no comparison between 1/lDJand

the former there

closed short in place of an

open long
is

syllable,

thing customary
in

in

Hebrew grammar, and which

not the case

our

And
and
letter

wo examples. who can again:


was without

tell

us thai reflexive with


syllable
It

Nun
the

of

he Pi'el

Po'el
<>f

an

additional

to
is

characteristic
likely
tli.it
it

the conjugation, namel)

the Nun.-'

more

WAS THERE
resemble?
in this

A NIPPA-EL l\

HEBREW
the-

DlSTENFELD

341

respect its

companion

Hithpa'el, with He, a helpits

ing syllable,

before the characteristic

Taw, and accordingly

form

was not
I

^0(23

but ^p.n, and indeed we find 'flPCW, 'W33TI, l31T, which


in

quoted above

note
is

3, in

which Mr. Eitan, who believes that the


"I,
3,

assimilation of

Taw

confined to

and n only, should have seen


indeed surprising that he pasin all the

the perfect of that conjugation.

It is

sed

them without mention, although they occur


latest. 8
is

grammars,

from the oldest to the

Without choice he

compelled to assume that that conjugation


'EjMTT,

had two forms of the perfect, one with He,


tion of
7t?pJ.
is

and with assimila-

Nun And
what

/Bpn, and another without He, /pj, and through analogy


if

we add
new

to this his opinion that also

D3?n (Lev.

13.55)

not,

is

generally assumed, a passive of the Hithpa'el, but a


7yS3',\ve are confronted with a strange
is

passive of his
that just in

phenomenon

Hebrew, which

poor in conjugations compared to the


of

Arabic,

which experienced periods of development and atrophy


(of

conjugations

the passive of the Kal, of the Po'el and the Hithpa'el,


left),

there are only fragments

that just in
it

Hebrew

this novel con-

jugation should be extant, after

had been exterminated completely

in all the other Semitic languages,


left of it

and not only

this but there were

two forms
is

of the perfect

and the passive!

There

too

much
is

of a tendency to search in the Scriptures for

decayed remnants of a so-called pre-biblical perfect.


material of the Bible
alive, effervescent,

The

linguistic

and

in process of develop-

ment, and

many

fixed

phenomena

are found in later

Hebrew the
the

be-

ginning of whose development

may

be traced to the Bible.


N"?

As a good
Mishnah

example may serve the confusion


(1'llp,
;"i"r.

of verbs

and

'"7 in

lNJp

lNJ3
(

etc.).

Traces of this confusion are noticeable


(Ps. 99.6), 1B"J) (Ez. 47.8
.

already in the Bible:

D'KTip
"?l

Kere

VV9

Ps. 32.1),

Hns-U

"?3a rlN 13NS1 (J er


in

51.9), etc.

Likewise the
little

Mishnic Nithpa'el was not formed


little,

one day, but developed


its

by
the

and the
p.

first

attempts towards

formation are found

in

148

of

Gesenius-Kautzsch; the very same page to which Mr. Eitan refers

contain^

Ni:~

but he must have overlooked

it.

The

passive of "7^33 should be "?yS3 and

not
\

VySH. and accordingly we


iTNDBn Tt-V
of

should

have
\

D333
. x

in

place

of

D3DH.

7TO'
,

nd

Pnn.
Mr.

are,

in

the opinion

of

grammarians, passives
all

Hithpa'el; Arabic in
,

a like

manner formed passives


Eitan
refei

for

the

reflexive

conjugations.
is

This matter
in

which

-ins

and

other-,

found

already

Sefer

[{arikmah, p.6.

342
Bible.
1~ID13

THE JEWISH QUARTERLY REVIEW


Witness the close relationship
of the Nithpa'el
in

meaning between 133? and


they are
all

and most

forms in the Mishnah:

and indeed the Nithpa'el is used mostly as a passive, as, e. W3K on-ON nDinj nuvw my (Abot 5.3), rnnj ^n^hd p wapyp
passive,

g.

i"n

(Eduyyot)
(Hul.
7.5),

5.6),

mrnn

'33

by -para*

yn

*?yi

((Shab. 6.1), beonatf

nwn

-rc

nwiau

nenpro, etc.
HDSri,
1313J1,

And

so,

too, with reference to

and

NtMrl,

in

which

Mr. Eitan discovered the imperfect

of /i?S3

their passive signification

proves very clearly that they belong to a later period in the develop-

ment

of

Hebrew,

for

it

is

a generally accepted principle that every


is

reflexive Nithpa'el

and passive Hithpa'el

a secondary formation.

A
of

third example of a Nithpa'el in the Bible

was

indentified

by

scholars in the

word

JTjntW

(Prow 27.15) which,

in spite of the efforts

some grammarians
and

at emendation,
if

may be

explained appropriately
of

as a Nithpa'el. 10
"1B33

But

we accept the opinion

Mr. Eitan, that

11313

are remanants of an obsolete conjugation, then

we
its

separate forcibly between these and


isolation
is difficult

mntM, which on account of

of explanation, for this

form with a

visible

Taw

on

the side of
it

Nun

could certainly not be explained as a ???.

And, be
is

understood, the force of a theory comprising a wide range

greater

than that of a theory of a small circumference.


Jerusalem.

H. Distenfeld.

Si.-.for in?tancr,

KOnig, Historisch-KritischesLekrttb6udtdtT htbr. Spracht,l,S9l

DUBNOW'S HISTORY OF THE JEWS


POLAND.'
The

IX RUSSIA

AND

historiography of the Jews in Eastern Europe

is

of a

compara-

tively recent date.

Polish scholar

and communal worker, Tadeusz

Czacki, was the


in

first

to formulate the principal data of Jewish history

Poland, in his "Inquiry concerning the Jews and Karaites" (1807).


to precious records quoted in his work, which records were
Polish archives,
it

Thanks

extracted by him from


till

has retained

its

significance

now and

is

a valuable source

with regard to the legal status and

economic activities
18th century.
jurists

of the Polish Jews, particularly at the


light

end of the

Further evidence was brought to

by the Polish

Hube and Macieiowski, and

the historian Lelewel.

The

at-

tempt which was made by Sternberg to draw an outline


of the Polish

of the history

Jews during the Middle Ages proved a


is

failure.

Kraus-

haar's "History of the Jews in Poland"


little

not as bad, though also of

value.

Graetz's exposition of the destinies and character of the


is

Polish Jews in the past


of the historical data

marked by prejudice and

insufficient

command
of Polish

owing to the author's unfamiliarity with the

Polish language, the country

and the psychological attitude

Jewry.
It

was only

in the "eighties" that a fresh start

was made respect-

ing the investigation of this special branch of Jewish historiography.

The Russian
and besides
Jewish
for

scholar,

A. Bershadski, then published his "Jews of

Lithuania" which has remained a standard work until the present day,
this a series of studies dealing with various

problems of
foundation

history in

Eastern Furope.

These writings

laid the

further research.

There also appeared under the editorship of

Bershadski

"The Russo-Jewish Archive"


in

concerning the Jews

Lithuania

in

the 14th

two volumes of documents 16th centuries. MeanHarkavy which


in olden times.

while there had appeared the studies of Chwolson and

threw

light

on the history of the Jews

in the

Crimea

A. Harkavy's scholarly researches covered besides this other phases


History of the Jews in Russia and Poland from the earliest times until the present Translated from the Russian by I. Friedlaender. Philadelphia: The Jewish hlication Society ok America, vol. I, 1916 (pp. 411); vol. II, 1918 (pp.
'

days.
I'i

vol. Ill,

1920 (pp. 423).

*4<

344

THE JEWISH QUARTERLY REVIEW


and dealt also with some
In the eighties S.

of the early Jewish settlements in Russia,

aspects of Jewish

life in

Poland and Lithuania.

M.

Dubnow

took to historical writing; he devoted himself particularly

to the study of the

communal organizations

of Polish

Jewry and to

the popular Hasidic movement.


are the three outstanding

Harkavy, Bershadski, and Dubnow

names connected with Eastern European


subsequently was in one

Jewish historiography.

What was done

way

or another to be traced back to the activities of these


fresh investigations

men

except for

due to new developments

in the general field of

historiography.

Under

their influence a circle of Jewish intellectuals in Petrograd


all

undertook to extract from historical documents of


chronicles, diaries,

kinds,
in

from

memoirs and so on, references to Jews


i

Russia

and Poland.

In the "Regesty

Xadpisi" (Records and Inscriptions)


work.
In 1908 the Jewish

was gathered the

fruit of their research

Historico-Ethnographical Society was founded.


quarterly

The

Society edited a
Starina)

review

"The Jewish Antiquity" (Yevreyskaya


itself all

which gathered around

students of Jewish history.

Among
Assembly

the documents brought out in the ten volumes of this review the most

valuable was
in

"The Record Book

of the Jewish Provincial

Lithuania during 1623-1761."

Simultaneously with the activities developed


research
Schorr,

in

Petrograd

work was done

in

Lemberg and

in

Warsaw by

Professor

much M.

Dr. M. Balaban, Dr. I. Schipper, Professor S. Askenazy, M. Bersohn, D. Kandel, and others. A series of scholarly books on

the

once

famous

Jewish

communities

of

Cracow,

Lemberg,

and

Przemysl, of monographs dealing with the political and economic


organization of the Polish Jews and of studies on various topics of

Jewish

life

in

past centuries appeared in 1903-1914, in addition to

repertories of

Jewish records selected


etc.

from the archives


in

in

Warsaw,

Cracow, Lemberg,

promising review
in

Polish,

"Kwartalnik

Zydowski", devoted to Jewish history

Poland, was also started but

unfortunately had soon to be discontinued.

The

investigation of the history of Jewish communities went on

systematically.

Monographs on Brest-Litovsk, Grodno,

Vilna, Ostrog,
filled

Posen, Li?-. i, Lublin, although of unequal scientific value,


in

a gap

the structure of Jewish historiography


in

in

Eastern Europe.

The

publications from the archives

Posen, Vilna, Kiev, and

Vitebsk

DUBNOW S JEWS
i

IN RUSSIA

AND POLAND
these studies.
I

VISHXHZER 345
he task to grapple
difficult.

contributed greatly to research

in

with this vast

amount
work
I.

of material
is

became ever more


this kind.
it

The
the
late

present

an attempt of

The
by

translator,

Professor

Friedlaender,

introduces
it

pointing out

that, although

based on an earlier work,


edition,

represents a completely

revised

and independent

supplemented by entirely new chapters

including the period from 1881.

Dubnow's publication claims


respects this claim
is

to be
of
for

"the

first

comprehensive and systematic account of the history


In

Russo-Polish Jewry".
the outlook provided

many

is

justified,

by the work

of a great

scope.

The author
-

views the manifestations of Jewish

life in

the territory of the former

Russian Empire from their very beginnings until the Great War.
lights are

thrown on the Jewish settlements on the shores of the Black

Sea, on the

Kingdom

of the Khazars, on the destinies of

Jewry

in

the

early Russian Principalities

and

in

the Tataric

Khanate

of the

Crimea

all this is

told in the

first

chapter which covers a period of more than

1000 years.

Chapters

II to

VI give an

outline of the history of the


first

Jews

in

Poland and Lithuania down to the


In

partition of the Polish

Commonwealth.
Polish

consequence of this partition a large stock of

Jews was taken over by Russia where the Jewish question had
This has given the author an
Polish

assumed a somewhat peculiar aspect. Jewry and

opportunity to interrupt the narrative concerning the fate of


to cast

glance at

the attitude of

Muscovy and the

Russian Empire towards the Jews.


position of the Polish

Chapter VIII deals with the

Jews as affected by the partitions of Poland

during

the

period 1772-1794.

The

last
in

four

chapters of the
till

first

volume picture the history


Alexander
I.

of the

Jews

Russia

the death of
of

The second volume


Nicholas
is
I,

relates

the history
II,

Russian
111,
II.

Jewry

in

the reign of

Alexander
sinister
in

and Alexander

and the third volume

devoted to the
lie

regime of Nicholas

The merits
political

of

Dubnow's work

his lucid exposition of the

and

spiritual aspect in the

life

of Russian Jewry.

He

traces

two

parallel

trends of events,

the one determined

by the

conflict

between the anti-Semitic Russian Government and the Jewish people.


the other by the struggle between the
tional self-assertion.
train of thought.
fa*

tors of assimilation

and nadouble

M. Dubnow has masterfully

unfold*
in

his

Advocating the Jewish cause

both the political


at

and cultural domain, M. Dubnow voices the populat indignation

346

THE JEWISH QUARTERLY REVIEW


He was
called to record

the restrictive policy of the Russian Tzars.


all

the cruelties,

all

the crimes committed against the Jews by "a

sovereign with unlimited powers but with a very limited political

horizon", as he styles Alexander III.


his task.

And he

conscientiously fulfilled

About 200 pages are devoted


of Nicholas II.

to the reign of Alexander III

and 169 to that

Almost the third part of the work


(1881-1914), but these 33 years
endless
trials,

deals with a period of only 33 years

count

for

an eternity, for they comprehend

interminable

sufferings.

The Jewish
of

readers in America will certainly welcome this part


it

Dubnow's work, as

reflects the

sorrows and anxieties which


flight

many
in-

of the living generation

have experienced on their

from their

tolerant native country to free America.

The younger

generation

may have
will

heard from their relatives about this dreadful period and


the dramatic narrative of

surely follow with emotion

Dubnow.
anti-

The

translator acted well in adding

"a number

of pages dealing with

the attitude of the American people and

Government toward the

Semitic persecutions in Russia."

Dubnow's strength
the material.

is

to be sought in his gift for ably grouping

Like Huxley he "cared about the architectural and

engineering part of the business".


of

He

is

to a

much

lesser extent fond

spade-work

in historical research.
is

Dubnow's treatment

of the act-

ivities of the

Lithuanian Vaad

rather unsatisfactory, though, having

been himself the editor of the already named "Record Book of the
Jewish Provincial Assembly
in

Lithuania during 16231761", he could


of

have gathered additional interesting instances from the chronicle


this institution.

The ordinary reader may perchance not

care for a

more elaborate account, but students of history


specialists

not

to speak of

will be somewhat disappointed at the inadequate treatment


by M. Dubnow.

of the sources

In this respect

M.

J.

Hessen's

first

volume

of a "History of the

Jewish People
far not
'it

in

Russia" (Petrograd, 1916; the second volume has so


will

appeared)

prove

opposite of

Dubnow.

much more satisfactory. Hessen He abounds in information which


Dubnow;
his

is

just

he has

collected industriously in Russian archives.

Unfortunately he does not

possess

the
,i

liter.iry

<ift

of

account

is

rather

poor.

But

in

chapter

like thai

dealing with the attitude of

Muscovy toward
is

the Jews during

the

sixteenth

and seventeenth centuries, which

DUBNOW'S JEWS
somewhat scanty

IN RUSSIA

AND POLAND

VISHNITZEB

U7

in sources,

Hessen's dry but complete record which

occupies 45 pages will be


exposition of

much more

appreciated than the brilliant

Dubnow which

takes altogether 4 pages.

Hessen relates

many

instances of Jews having settled in

prohibitions promulgated

by the Tzars.

Moscow in spite of the various He is even inclined to think


Notwithstanding this anti-

that the hostility of the Russians was directed not exclusively against

Jews but against foreigners

in general.

alien policy, foreigners, including Jews,

managed on many occasions

to enter the country.

the

Some foreign merchants even obtained from Moscow Government special charters sealed "with a red seal" by which they were allowed to move freely throughout the country and visit the capital for business purposes. The Russian historian
S.

Soloviov already remarked

in his

History of Russia" that in the


in

days of Tzar Alexei Mikhailowitch the Jews succeeded


themselves such charters with red
seals.

securing

They journeyed

to

Moscow

with pearls and other wares and supplied the Court with these goods.
If

there existed a "Russian Quarantine against Jews", as


in

Dubnow

terms the polciy of the Muscovite Government

the sixteenth and

seventeenth centuries, this quarantine was often broken through and


thus became illusory.

We

do not wish to imply that Dubnow's

historical
in

method

is

superficial.

His attempt at interpreting Jewish history

terms of a

biological process has greatly contributed to

an understanding of the

nationalistic aspect of the Jewish problem.


is

But Dubnow's conception


and
literary, not of the
field,

one-sided.

His experience

is

of the political

economic world.

He

ignores historical data in the historical


his theory.

which do not lend themselves as a basis for

The

fault is

not with his want of knowledge but with his want of mental adjust-

ment.

Since

Dubnow began

his

scholarly

career

new

historical

methods have been evolved and a great deal of work has been accomplished of which he curiously enough did not take much notice.

This deficiency becomes particularly obvious in his treatment of the

economic history of the Jews


quote on
p.

in

Russia and Poland.


of his

He manages
Diet

to

264 of the

first

volume

work the statement


Quadriennial

of the

deputy Butrymowycz

made, before the

(1789-

1793), on Jewish activities in trades, without making any comment.

"In the provinces outside


"half of
all

of Great Poland", said the Polish

deputy,

the artisans are Jews.

Shoemakers,

tailors, furriers, gold-

348

THE JEWISH QUARTERLY REVIEW


and barbers are particularly numerous

smiths, carpenters, stone-cutters,

among them".

The

curtain has been lifted for a

moment

only, for
(p. 266)

Dubnow

does not care to give us a deeper insight.

Further on

he makes the following remark:


of the population of Poland, the

"Although forming but one-eighth

Jews furnished 50 per cent of the whole


. .

number

of artisans of the realm.

In Poland

no

less

than

in

Western

Europe neither the mercantile guilds nor the trade-unions, which to


a considerable extent were
artisans

made up

of

Germans, admitted Jewish

and merchants into

their corporations,

and as a

result the

sphere of Jewish activity was extremely limited. "

These short pas-

sages would have sufficed in a general history of the Jews in which a few

chapters only would have been spared to the Jews in Poland, but they
are greatly insufficient in a history of Polish Jewry.

survey of the

economic position
in

in

Poland ought

in

our opinion to have been included

a work of the scope of Dubnow's.

This serious defect


it

in

Dubnow's work

is

the more regrettable as

could have been easily avoided.


in

In the "History of the Jews in

Poland" which appeared

1914 in Moscow,

Dubnow

could have
in

found much information on the development of Jewish artisanship

Poland and Lithuania from the fourteenth to the eighteenth century.

The

merciless struggle of the Christian guilds against the Jewish ar-

tisans

and the establishment

of Jewish guilds were told in this

work

in

a detailed manner.

From

a few statutes of the guilds, which have

been preserved, we are able to gather the constitution of the Jewish


guild, the

mutual relationships between the masters, the journeymen


of work, the attitude of the

and the apprentices, the conditions


toward the guild, and
institution.

Kahal

may

other features of this remarkable Jewish


is

Of

all

that not a word

mentioned

in

Dubnow's book.

What he says with regard to trade, among Polish Jews is also very meagre
information given on these subjects
the Jewish People" devoted as
in

farming, and other professions


as

compared with the exhaustive

the volume of the "History of


just said to the

we have

Jews

in
i-

Poland.
treated

The economic
by Dubnow
tin in

history of the Jews in the Russian

Empire
is

the same ineffective manner.

No

notice

taken by

author of the results which the liberation of the serfs had exerted

on the Jewish economic position.


ing-point
in

This far-reaching event, the turnof


.i>

the

economic development
life

Russia,
well.

has

considerlil>-

ably

affe<

ted the economii

of the

Jews

Through the

DUBNOW'S JEWS

IN RUSSIA

AND POLAND

VISHNITZER
in

549

eration of the serfs and other

reforms carried out

the

new

vistas were

opened

for the country.

Fresh methods of prom<.


Facilities

trade and industry were entered upon.

were given

for

opening
period

of credit institutions

which sprang up rapidly; during the


founded
33
joint

1864-1872

there

were

stock

banks,

11

land banks, and 52 mutual credit societies.


struction set in

Railway and canal


rapidly.

and trade began to develop


Jews proved very active

The

part

pi

by the Jews

in this

sudden upward development


in

of Russia

was

a concredit
-

spicuous ore.
institutions.

establishing

new

The

Ginzbourgs, Rosenthals, Poliakoffs, Efrussis,

and others became intimately connected with the organization and

management

of a series of the foremost

banking enterprises.

M.

P.

Spasski points out in his "History of Trade and Industry in Rus


that the brothers
J. S.

and

L. S. Poliakoff

were the chief promoters of


tin-

land credit in Russia.

Besides the organization of land banks and

participation in large industrial undertakings ("Jewish capital

was being

invested in sugar production, in flour mills, and later on in cloth


facture) the share taken

manu-

by enterprising Jewish

firms in railway con-

struction

is

not to be overlooked.

Moreover, the liberation of the

peasants and the advent of capitalism caused some obvious changes The dismissed in the vocational constitution of the Jewish population.
factors of the landlords were forced to look for other occupations
of Jews driven out from their professions and compelled up new ones grew considerably when the system of le s public revenues was abandoned by the State and when later on the Jew of Jewwere excluded from the trade in spirits. Some categories

The cadres
to take

turned to industrial activities, others took to commerce.


able part of the Jewish population

consider-

became

proletarianised.

These are only a few


reforms
in

brief instances of the effects of the social

the "sixties" which coincided with and furthered the be-

ginnings of capitalism, with regard to the Jews.


that a systematic history of

We
do

should

e
-

Russian Jewry would

lay particular
it is

on

this interesting subject.

That Dubnow

failed to

regrettable:

with that he omitted even to mention the special literature which dealt more adequate way, as, for instance, the careful the subject in a much

study on the economic development of the Jews


in

in

the article

R'

the "Jewish Encyclopedia"

(in

Russian), and
tin-

the

publications,
th<

already mentioned, of M. Spasski and that of

"History of

Jews

350
in

THE JEWISH QUARTERLY REVIEW


latter

Poland", which

and that
is

is

the point
is

he reviewed

in

1915

in his quarterly

"Yevreyskaya Starina",
There

a mystery to the reader

who

is

assured in the preface that

Dubnow

has rewritten his book for

the present edition.


that the

only one conjecture possible

namely

work

of

Dubnow

has not been completely revised.


in

The

" History of the

Jews

Poland "" which was written by several

authors furnishes perhaps a larger outlook and supplies a greater


variety of aspects than a single brain could possibly afford.

Being

one of

its

collaborators

and

its editor
I

must abstain from advancing


point to the utterance of

my own
Dubnow

view on the work, but


himself

may

who

in his criticism underscores this particular merit in

of the publication.

Of course books

which many authors collaborate

have another

defect.

They

lack, to a certain extent, unity

and necesto the third

sarily include repetitions.

The bibliography supplemented


is

volume

of

Dubnow's book
a source
is

far

from being "extensive".

On

the

contrary,

many

omitted, as, for instance, the following

works, essays, and record books: Z. Pazdro, The Organization and Practice

of the

Voyevoda Courts during 1740-1772 (P.)

1903; Stanislaus

Kutrzeba, The Legal Position of the Polish Jews in the 15th Century,

Der Mamran, der juedisch-polnische Wechselbrief, M. Balaban, "Jewish Craft Guilds in Cracow" (R.), in Yevreyskaya Starina, 1911; M. Yishnitzer, articles on "Jewish Artisans" and Commerce" in the Russian Jewish Encyclopedia, vols. VIII and XI Y; I. Schipper, "Der Anteil der Juden am europaischen Gross(P.) 1901; Ph. Bloch, (P.) 1903;

handel mit

dem

Orient", in the almanac Heimkehr, 1912; Fr. Rawita(P.)

Gawronski, Bohdan Chmielnicki,


of the Jews in Russia,
nical responsa),

1906; B. Kaz,

On

the History

Poland and Lithuania (H.; extracts from RabbiL. Lewin,

1899;

Der Schtadlan im Posener

Ghetto,

1907; L. Lewin,

Neue Materialien zur

Geschichte der Vierlaendersynode,

Frankfurt (on the Main), 1903, 1906, and 1916;

L. Fisenstadt

and

M Wiener,
Science,
Sefer,

Daat Kedoschim, 1897-1898; M. Yishnitzer, "The Epistle

of the Frankists in 1800", in the

Memoirs

of the Imperial
J.

Academy

of

Historico-philological
S.
in

section,

191-4;

Emden,
P.

Megillat

1898;

Back, "Aufgefundene Aktenstiicke zur Geschichte

der Frankisten

Offenbach",

in

Monatsschrifl, 1877;

Muliukin,

Appeared

in

1914 as a separate volume of the "History of the Jewish People",

a publii ation of whii h

two volumes only were brought

<>ut.

It

was abandoned owing

to the

Wai

DUBNOW'S JEWS IN RUSSIA AND POLAND


The Travels of Foreigners
to

VISHNITZER 351
\Y.
J.

Muscovy

(R.),

1909;

Ogorodnikow,

Ivan III and Foreign Jews, Kasan (R.), 1912;

Berkhin,

"Two
J.

Jewish Physicians at the


Joffe, Regesten

Moscow Court

in

Voskhod (R.) 1888;

und Urkunden zur


Buchholtz,
in the
I.

Geschichte der Juden in Riga

und

Kurland,

1910-1912;

Geschichte

der

Juden

in

Riga;

Kostomarow, "Jew-baiting
(R.),

Beginning of the 18th Century",

Kievskaya Starina, 1883;

Markon, "The and IV;


S.

Trial of Vosnitzin",

(R)., in Perezhitoie, vols.

II, III,

Rabinowitsch, Die Or-

ganisation des juedischen Proletariats in Russland, 1897.


All these shortcomings notwithstanding,
it is

a pleasure to point

to the merits of

Dubnow's work.

It is a

remarkable attempt at an
one of the

interpretation of the Jewish past

and a

brilliant record of

most eventful stages

of Jewish history.

Dubnow

has presented us

with a dramatic narrative of the Jewish martyrology in Poland and


Russia and with a moving account of the inner cultural developments

which
life,
it

political persecutions failed to suppress.

His picture breathes

never degenerates into a dry account.

We

have to mention with deep gratitude the translator of the


tragic

work who found such a

end

in the Ukraine.

He was
work

not a mere
in

interpreter, but performed a great deal of editorial

adapting

the original to the requirements of


Publication Society of America
is

an English version.
to be congratulated
in so pleasing

The Jewish
on having
It

brought out this work of Dubnow's


the widest circulation
Berlin.

a form.

deserves

among English-speaking Jewry.


M. \i-hxitzer.

STRACK'S INTRODUCTION* TO THE TALMUD AND MIDRASH


From an
a
article of

75 pages

in

Herzog's Realencydopatdie (1887)


in the fifth edition to

Strack's Introduction to the

Talmud has grown


The new

volume

of nearly 250 pages.

edition treats of Midrashic

literature as well.

There

is

no other book similar


is

in

scope and value to Strack's vol-

ume and who will

the author

justified in his

statement that there

is

no scholar
is

not find this volume very helpful.

The new

edition

com-

pletely recast

and

it is

astonishing to see

how

exhaustively Strack has


often gives references
of his subject.

used the whole Jewish periodical literature.


to

He
is

mere casual notes touching one or the other phase


works
of Strack the

As
and

in all the

arrangement

clear

and

practical

makes

it

very easy to find any information desired.


of the

The bulk

volume naturally

is

devoted to the Talmud, while


a
little

the introduction to the Midrash only

fills

over 30 pages.
xiii,

It is

based on the author's article

in

Herzog's Realencyclopaedie

784

98 and will be discussed later on.

The

additions and the corrections of the author are evident on

every page of his introduction to the Talmud.

We
list

get a

new chapter

on the Tosefta and

(p. 29-32)

an alphabetic

of the beginnings of
is

the chapters of the Mishna upon which the


are frequently quoted

Gemara

extant and which

by these beginnings

in

mediaeval literature.

The

repetitions of passages in the Palestinian


ing to Bacher
(p.

Talmud

are recorded accord-

65-66).

Some
of

of the chapters dealing with the

development and growth

Mishna and Talmud might have been more extended, so that the

reader could gain a better insight into the very complicated problems.
I

think, for instance, that the importance of the activity of the


for the history of the

Jabneh

Academy

Mishna needs much more emphasis.


I

Witness the well-known statement of the Tosefta 'Eduyyot


the scholars gathered
in

that
it

when
would

the Jabneh

academy they

feared that
to

not be possible to find a clear decision in regard


ition

Torah and tradthen the

since

one statement would not agree with the other;

5-rRAiK.

HERMANN

L. liinlritung

in

bcarboitctc Auflagr del "Einleitung in den

Talmud iiiul Midrash. Funfte, ganz neu Talmud". Mflnchen, ( H. Beck. 1921

XJlt-2;

352

STRACK
other sentence

INTRODUCTION TO THE TALMUD


with
no1
si

MARX

$53

(Tos. Sanh.VII) that

the increasing

number

of

pupils of Hillel and

Shammai who had

mlied sufficiently differences

multiplied and two Torahs grew up threatening to disrupt religious


unity.

This seems to

me

clearly to imply that

up

to that period only

anonymous Mishnas
that of

existed representing either the school of Hillel or

Shammai.

student therefore might hear contradictory Mish-

nic statements in regard to the

same law without finding

a clue which

to follow.

When
of

the Jabneh

academy decided

to accept the opinions

of the school of Hillel as binding they felt the difficulty caused

by the

currency

such

anonymous

collections

and they therefore undertook

to cite the contrary opinions together with the

names

of their authors,

so that henceforth

no mistake could

arise

whether an opinion was that


It

of the school of Hillel or of his opponents.

seems that the whole

material
is

>mehow underwent
It is

a redaction of which the Treatise

'Eduyyot
of

a remnant.

from this period on that we find so many names

authorities mentioned in the


this time are hardly ever

Mishna while the scholars

living before

quoted except under the collective designation


of

of the schools of Hillel

and

Shammai.
final collection of

When Rabbi
to

arranged the
it

the Mishna, according

Lewy, he entrusted

to the
in

memory of

R. Isaac ben Abdimi (or Roba)

who made some changes

it

introducing the opinions of his master

(see Jahresbericht of the Breslau

Seminary, 1905,

p. 25).

Lewy's very

suggestive lecture seems to have remained

unknown

to Strack.

For the question whether the Mishna was originally written down
the three cases of doubt whether a word
y (p. 23 iwere originally brought forward
is

to be spelled with an
in his "lID^nn

N or
to

by Chajes

SUD

prove that the Mishna was transmitted orally since these variants were
caused by mishearing rather than misreading.

On

the other hand

Frankel drew attention to two cases

in

which the variants can only be


3, 'DD-'jD,

explained graphically: Bekorot 44a on VII.

and Me'ilah 15b

on IV.2, -?--;z-nbv;2.

Halberstam

in jljaVn

1U3, X.J.p.7, suggested Mishna was


themselves copies,

to reconcile the contradictory statements that while the

always studied orally the individual scholars kept

for

Megillot Setarim, for private reference, but never to be used in teaching.

The

general assumption

(p. 70)

that during each Kallah session one


lie

complete treatise was studied can hardly


of the tractates varies so greatly that
it

upheld. After

all

the length

is

quite impossible to cover a


full

subject like Sabbath in one month, or to spend a or


lel

month on Megillah
only Xezikin

Moed-Katan. As

a matter of fact,

we

are told(Berakot 20a and paral-

passages) that during the long period of

Rab Judah

354

THE JEWISH QUARTERLY REVIEW


in a later period thirteen sessions of the

was studied, while

Academy
thus have

(Nna'TO iD'^n) were devoted to the Treatise of 'L'ksin.

We

the actual evidence that the period of study of the different subjects
varied as conditions

demanded

it.

In reference to the Tosefta a general statement of the changing


character of the book
in
is

necessary.
side

It

ought to be said that we find

and supplements to our Mishna which cannot be understood without the latter and enlarged Mishnas including both the text of our Mishna and additions to it.
side

our Tosefta

by

statements

Furthermore the Tosefta evidently frequently follows the arrangement


of

an

earlier

form of the Mishna, perhaps that of Rabbi Meir, as Brull


in Central- Anzeiger,

has shown in his review of Schwarz, Tosefta Seraim


p. 75, e.g.

the Mishna used by the compiler of the Tosefta was arranged

in the following order in

Berakot IX:

1,2,5a, 3b, 3a,4,5b,and in

Demai

1:

l,3b,3a,3d,3c,4b.2.4a.

The Amoraim frequently used the


which afterwards were quoted
this does not justify Weiss'

texts of the Tosefta in statements

in their

own names by

their pupils, but

assumption that the Tosefta has been


of

changed on the basis

of

Amoraic opinions; see H[orowi]tz, Review

Schwarz, Magazin, 1891, p. 145-54.


It is

not possible to ascribe the redaction of our Tosefta to R.yiyya.

His collection was perhaps one of the principal sources used by the final
compiler, but he certainly drew also from other Baraita collections, such
as those of R. Osha'ya, Bar Kappara, Levi, etc.

As a matter
f.

of fact a

me-

dieval writer like Isaac

Or Zaru'a (ynt

"I1N I,

39a, 107) attempts to

prove from Baba

Kamma

4b as compared with the Tosefta Baba

Kamma

IX, 1 that R. Osha'ya was the author of our Tosefta, since acis

cording to both the number of ypn JTQN

fixed at

13.

The same

evidence was adduced by a Damascus scholar in a letter to Shilah bar

Xissim preserved
note,
six of

in a

Genizah fragment

in

Schechter's Saadyana,p.41,

who found

this passage in eight Tosefta

MSS. which he
is

consulted,

them coming from Babylonia.

The
1,1)

proof, however,

invalidated
is

by the Yerushalmi (Baba


ascribed
to

Kamma

where the same statement


Magazin,

R.Hiyya's

collection.

Hoffman,

XV,

126,

ascribes the redaction of the Tosefta to Rab.

As

for the

Tosefta to Abot Dr. Schechter told

me many

years ago

that the text of


ition of

Codex Yaticanus

44, printed as

appendix

2 to his ed-

Aboth de Rabbi Natan, was quoted as rvQN roDon NnsDin.

As

a matter of fact the quotation in Tosafot


in

Baba

Kamma

25a

is

found

thai

text,

chapter [V,p.l56, the Bame passage being quoted

STRACK

INTRODUCTION TO THE TALMUD

MARX
Sifre

355
Zut^a

by Nahmanides on Baba Batra 111b as nUNl Nrvna (cmp.


on 11,14 where
this very close parallel has

been overlooked).

Of David Pardo's Commentary on the Tosefta the Wilna edition


includes only insufficient excerpts from the
text appeared at Livorno, 1776-90.
first

four Sedarim; the

full

published Jerusalem 1890

fol.

The commentary on Kodashim was The Tosefta of Mo'ed with a commentary


in

omD2
;

niSDin by R.

Menahem Nahum appeared

Sklow 1809
in

and

with a commentary 3"nD nVsn by Mordecai Friedman

Pacs 1898-

1901 Zera'im and Shabbat with a double commentary by Isaac Shwadron,

Jerusalem 1910-14

2.

Parts of Nezikin with commentary


1732.

Dn~DN po

by Abraham Abele Gambinner Amsterdam

L. Eisler, Beitrage

zur rabbinischen Sprach-und Altertumskunde III, p. 75-85, collects Tosefta

quotations from the commentaries of Rabbi Simson of Sens; Idem IV,


1-126,
is

Zur

Texteskritik der Tosefta.

L. Friedlander,

DHJU

HDp, 1891

a bitter attack against

Schwartz.

On

p. 26-28

Strack gives a great deal of information about the arform.

rangement

of the treatises in the various sources in tabulated


lists

In this connection several

from mediaeval times

offer

some interest.
(Rosin,
("lOiy

Thus

the poetic treatment of the subject


)

by Abraham Ibn Ezra

Reime und Gedichte Ibn Ezra's, 201


nrDSPn, fol.l24)place

and Saadyah Ibn Danan

Pesahim

after

Yoma.

Ibn Ezra also puts Telist

harot last as does Rabbi Simson of Sens.

from Yerahmeel with

number
I,

of mistakes

is

found

in

Xeubauer's Mediaeval Jewish Chronall

icles

173.

Another

list

with the beginnings of

the chapters was

incorporated by Levi ben Gerson into the introduction to his com-

mentary on the Pentateuch.

It is also
2.

found as an appendix to the

Tur, Augsburg 1540, on three pages


fore Shebi'it,

Here we find Terumot beMe'ilah


is

Sotah before Gittin, Hullin before Menaljot,


Sanhedrin has 14 chapters and Makkot

before Keritot.

accord-

ingly not mentioned.

Mo'ed Iatan
Augsburg
lists

is

simply called Mo'ed as in

MS.

Parma; Tamid has


editions.

5 chapters

the last comprising chptrs. 5-7 of our


all

But

in ed.

the seven shapters are mentioned.

Two
De

other unpublished

may

be given here.

The

first is

taken

from Codice Vaticano Ebraico 299


Rossi 12 82.

fol.

82b-83a; the second from Codex

The Vatican MS. of which


calls

have a photograph thanks to the friende. g.


it

ship of Professor Freimann, offers various points of interest,

the treatise Nezikin Masseket Baba and Toharot JMH (the be-

ginning of the twelfth chapter of Parah).

As

in the

Parma
like

list

and

Codex Cambridge Ma'aser Sheni precedes Ma'asrot and

Codex

356

THE JEWISH QUARTERLY REVIEW


six chapters. in

Cambridge Kaufmann and Parma Tamid has here only

second
fol.

list

of the treatises

and chapters up to Gittin


I

the same

MS.

84-85 adds nothing new.

omit

in

the following the con-

stantly recurring words fDDO


In the

and

D'p~lS.

Parma

list

with a copy of which Rabbi Camerini was kind


(see Lewy-Festschrift, p. 394)
it is

enough to furnish me

curious that
of the

'Eduyyot and Shekalim are transferred to Kodashim and some


small treatises are placed at the end of Toharot and Kodashim.

Demai

and Bikkurim are omitted and


is

also

Abot unless TTUN


is

in
left

the last line

a corruption of

it.

Whether Makkot

purposely

out as part

of Sanhedrin
final

cannot be determined under these circumstances.


is

The
of the

statement that there are forty treatises


is

due to a confusion be-

tween a and D but the number


Small Treatises.
is

larger

owing to the addition


Sedarim
in a

The number

seven for the

in the

heading

remarkable and reminds us of the statement


-;. ^'

Gaonic responsum
of the

------

143) that the author


erste

saw an additional order


p.

Mishna,
fer to

Hoffmann Die

Misckna

13 conjectures this to re-

the Small Treatises which

may

also be the case here.

Cod. Vat. Ebraico 299f. 82b.-83a-

d D'Nbo omaa .3
n

,'j

'twn.n hn's
,'n

'o a-p-is ni3"l3 ""


.'n

nvaoa

:D'sni -iid

nV-iy

n^n

nntpya
"'

,'n '3 -ia>ya .">

y'i D'pisi

naio

,'n

wbpv
.':

,'n

kov

.'

xn^DDo id id in nsDin 'ni pds pan's; .Ta nap nsia mo


.' ,

mm
."i

rnann

.''

n'!?'3
.':

NrraDa
a

-]D

ypvn

.'}

nran

.'i

nV'ia

.'i

myn
.T'

ruwn v-\

,'n

nx'a
3"'

.n"s D'p-isi

man' id'pj -no KrraDa -jd .'i panvp naDa '.yp^n "no ? Nasa ,n mi?u .'3 niaa ."' p-nnjD ,j"y pisn 'n n"DDa id mmn .'n mat* .'n mi rnu .'n rimy
ttj
,,a po') .n"
1

nmD a

Dm:

.y niaina
,x

."y D'p-isi
,

'r

.'a *'

paiy

.'b

nni33
.'3

.a* 1
.'i

p^in

.a"'

rnruo
.' ,

,i''

Q'nar :D'enp -iid


.'l

wvaDo
an
.a''

id

D'rp

Tan

,'n

rn-ro

mma
"?

nVyo

.'?

mian
D'pis

,'3
.' ,

ms

."i"

cyw

.n*'

ni^'ns
,'n

o^a
-|D

:nnncs
."

~iid
.''

'n

n'tf'ai 'a
I'Kian

d"t

,'n

or "?ua

pa?

.'1

j'Twao

mi

nwipo

^a VDn

:i"ap D'p-isi ""

NrraDa

.']

Nine* "?a D'xpiy

Cod. De Rossi L282 P'V'av

CN^a

PiM'B

maia :nimi tid


.n"?-iy

omo

nyaspn in nn
-iE>yai

n"?n

nnryai 'w

monn

STRACK
D'Tbob

INTRODUCTION* TO THE TALMUD

MARX

357

m^

msipai

nnna
E ,

ms
not

D-y-j

m^ns o^d :nnnD -no .mnae i^piy d't dv b-\2u


-

D'ar

nnn

n'rDo

nmo erm
n

otide) ]'31T

nap nsio -hd


."Dp iyio rrjyn

::

mia jmniD

a"a ''xa

Nop

*aa

no

.hdid

om: th
rtao?]

I'en-rp ion

nVvo
pjn^o

mma
[read

j'^in

nnaa rmon

I'siy

mi?n

mm

mains rnoa* ro'pj -i-td mnjo D'nar 'o'enp -no


-y-i -|-n

hVjo D'rp o^pp nnu nno Tan


'dd

.rnroDo D'aa-iN n"D

mw

ppon

To
of
'

the sources for the Spanish text of the

Aboda Zarah
Fez

written in

Talmud a manuscript Ubeda 1290 and a fragment of Rosh-Hashana

in the
(p.

edition, both in the


is

New York

Semimary, are to be added

78).

It

not unlikely that the whole

Talmud was
commentary

printed in
i.

Fez

for the edition of

Niddah with the commentary


in his

of Rashi, to

e.

without Tosafot, to which Adeni refers


I

Niddah

can only be this edition


III

(or that of

Faro 1494?), and furthermore

Adeni quotes to Ohaloth

la DNS

\>V HD1D of

which Sulaiman Ibn

Uhna gave

a reading.

Evidently the latter had a copy of Mishna

Toharot printed at Fez which would presuppose the existence of a


complete edition of the Talmud unless the Mishna was also printed

by

itself in

Fez.

Whether the Mishna

edition which Rabinowitz Cat.


in

Merzbacher 2144 assumes to be printed

Constantinople 1516 rep-

resented a Spanish text can unfortunately not be determined since


this

volume was

lost before the collection

was transferred
the

to the Frank-

furt municipal library.

On

the other hand

New York Seminary

possesses eight leaves of an old


ings, in

Mishna

edition with interesting read-

my

opinion a Spanish incunabulum and therefore preceding

the Naples edition of


(see

1492 generally considered as editio princeps

JQR.,N.S.,U
p.

147).

This library also owns the Mishna MS.

mentioned

80nr. 8 as well as a

MS

of

Mishna Seder Mo'ed written

by Benjamin ben Isaac


vellum written

Finzi, 1361,

and Mishna Zera'im, Nashim and


first

Kodashim with Maimonides' Arabic commentary, the


in

of

them on

1317.

For MS. Oxford 366

(p

t'oronel's

Beth-Nathan, Vienna 1854.

Important material for textual criticism can also be derived from


early mediaeval authors.

Some
in

cases in which
in

missing sentences can

be supplied from such sources are given


schrift,

the Israelitische Monats-

1909, nrs. 11,12 and


p.25,

Heller's edition of

Maimonides' SeferHa-

Miswot,

note.

358
I

THE JEWISH QUARTERLY REVIEW


subjoin a few notes in the order of the book.
2

Page

1.4 from the bottom: read

Lewy

instead of (Schwarz) Festschrift.

The
bah

interesting fact that the


is

term Bet

M idrash

together with Yeshi(51, 23; 29)

used as early as the time of the

Hebrew Ben-Sira

ought to have been mentioned on

p. 4.

We

find the statement in

Talmud and
of

M idrash
a.

that certain readin his

ings were found in the

Torah

Rabbi Meir.

Nahmanides

Derre-

ashah on Kohelet (ed.Schwarz, Frankfurt


cognizes that
records "the
it

M., 1913, p. 10) clearly

is

a question of real variations.

Strack(p.ll) only

common

opinion that R.Meir wrote Massoretic notes and


his scroll of the

Aggadic interpretations on the margin of


I

Torah".

do not think that evidence


I

for

marginal notes on scrolls can be found,

nor do

see

why one
The

should not understand these words in their plain


these variants niD, in place of "1NO, throws an

literal sense.

first of

interesting light on the

pronunciation of the former word as "mot".

Epstein's instructive article "Biblische Textkritik bei den Rabbinen"


in Chwolson- Festschrift deals

with these and other variants (see also

OLZ.,

II, p. 200).
(p.

For Megillat Ta'anit


literatur,

12)

comp. Steinschneider, Geschichts-

pp. 8-9,

172-73.
of the treatises (p. 24)

About the names

some important notes are


the oldest treatise of the
I,

given by Ginzberg in his study:

"Tamid

Mishna," Journal of Jewish Lore and Philosophy

34-35.

MS.

Par-

ma

like

Aggadot ha-Talmud, Yerahmeel and the sources mentioned


calls the fourth

by Strack
combines

order n\y\V V1D and like Cod.


i'pTJ

Kaufmann
on

the

Babot

into

rDDO.

To

the

literature

Friedlander's
in

forged
I,

Yerushalmi

(p. 70) on Kodashim add Ratner II,

ha-Kedem

89-108, Ritter in ^lpn


in

Warsaw,

1908,
in

Xos- 15-25,

W. Rabinowitz
1910, nrs. 9-10.

PUVn

I,

Odessa, 1907,15-18' and

nvs^n bn XIX,
Rabbi Nathan

To

the Babylonian

Tannaim

(p.69)

and Rabbi Isaac ought to be added.

The theory

that the treatises


(p. 70)

Nedarim and Nazir originated


first

in

the

Academy
Nezikin,

of
p. 3.

Pumpedita

was

proposed by Israel Lewy,

The

treatise

Kutim

(p.

74)

was translated into English by Nutt,

The Samaritan Targum,


pp.

p.

68-72, and Montgomery, The Samaritans,

196-203.

For the printing at


I

tivitj of

tluSoncinos (p. 84-85) the standard work

is

ii.K iiiixi

Manzoni, Annali Tipografici Dei Soncino, Bologna 1883-86.

Among

the editions of the Palestinian

Talmud

Nezikin, Berlin.

S<>2

STRACK

INTRODUCTION TO THE
Luncz edition
of
of the

Ml D

\1\K.\

$59

ought to be added.
fas
far

five

parts

had appeared

as

the end

Kilayim)

by

1917.

Among
first

the editions of the Babylonian

Talmud

(p. 85)

there

is

some

confusion, a few of the treatises of the Fez edition being mentioned


as being printed in Salonica.
is

What Chwolson mentionesas KeE.N.

tubot of Guadalaxara

actually the Fez Kiddushin, as Mr.

Adler informed

me some

years ago.
(p.

For Pereferkowitz 's edition

87) comp. JQR., N.S.,

I,

279-85.

About the
should be

lack of the authority of the

Haggadah

(p.

93)

reference

made

to the

responsum of Sherira quoted

in

Aboab's InII,

troduction to Menorat haMaor, in Eshkol ed. Auerbach,


in

47,

and

Moses Ibn Danan's Klale Hatalmud MS. YII


Hadassi

chptr. 18; see also

the responsum of Hai which follows in the three places.


in his

Eshkol Hakofer

fol.60

has incorporated the Rules of


(p. 100).

R. Ishmael into his book and did not express himself against them

The

thirty-three rules of R.Eleazar ben Jose ha-Gelili were published


in

by Konigsberger

Festschrift

Feilchenjeld

from the Berlin MSS. of


under the
title

Midrash Ha-Gadol and Midrash Hefes,


"IDiya

also reprinted

rb, Berlin 1907.


D'-inj?! in the

The reading
in the

Shemoneh Esreh

(p. 123)

also found

Oxford MS. of Amram's Siddur written

in

Rhodus

1426; see

Untcrsuchungen znm Siddur des Gaon R.

Amram

p. 15.
(p.

To
Witkind

the biographies add the following:


in

Rabbi Akiba

135)

by

B^IPDn

Din, Yilna, 1877, p. 9-60.

This booklet also con138)


p.

tains p. 105-42 a biography of R.

Johanan

(p.

by the same author


61-104.
E. Rosen-

and

of Levi bar Sisi (p. 134)

by A. M. Padua

thal, Elisa

ben Abuja

(p.

127) Breslau, 1895 (13 pp.), A. H.

Rewson,
R.
(p.
I.

TND

"I nn"?in (p.

129),
(p.

Warsaw

1889 (27 pp.), B. Koenigsberger 1902 (28 pp.).

Ismael ben R. Jose


137) see also Albek.
Brill

131), Pleschen
I,

For Rab

DnsiD mnSJPD
St. in

Warsaw

1903, p. 28-73.

H.

pnv

'}

nrrViri,

Louis 1919 (108 pp.).

For Rab Huna


1

(p.,

139)

compare A. Lapidot

Rabinowitz's ^tOP

nD]D
(p.

III,

297-303.

Ibidem 333-40 additions to the biography of Raba


tokolski which appeared in *)'DNn
S.
I

145) by
(p.

An141)

(not Y).

For R. Zeira

Berman

in '"N m"?

X, 145-154.
(p.

Yeshua ben Joseph's D^iy JTD'Vn


bon
(?)

151) appeared first in Lis-

ca 1490 and Constantinople 1510.


(lb.)

Bezalel Ashkenazi's methin

odology
of the

was published as
Seminary
in

far as

found

the unique manuscript


Festschrift

New York

the

Hoffmann

and reprinted

Berlin 1014.

360
S.

THE JEWISH QUARTERLY REVIEW


R. Hirsch wrote several articles against Frankel
(p.
1

52 J which

are reprinted in his Gesammelle Schriften VI, Frankfurt


434.
'

1912, p. 322-

For

this controversy see also

D'J'J?

nTND, Belevchtung
,

des Frankel

schen Streites, Vienna 1861 (38 pp.) against the defenders of Frankel

in the

AUgemeine Zeitung des Judentums and Zweifel,


p. 13-64.

7^<^fc>

7JJ Ol^tP

IV,

Zhitomir 1873,

M. Lerner
1914 (28
11.)

also wrote

on the oldest Mishna rutPOn

min

I,

Berlin

Of Hoffmann's Erste Mischna a Hebrew translation


in Berlin 1913

by

S.

Gruenberg appeared
(p.

(60 pp.)

Of Bassfreund's
Of Dar-

paper

153) a reprint appeared in Berlin 1913

(97 pp.).

mesteter's article

"The Talmud" an

English translation by H. Szold

appeared, Philadelphia 1896 (97 pp.).

Maimonides' commentary on
J. M. MS. Sassoon

on Pesahim

(p.

157)

was edited with Hebrew translation by


title

Toledano, Safed. 1915 under the

Yede Moshe from a

which the editor considered as autograph.


lished the vocalized

In an appendix he pubof this

words

in the

Mishna

MS.

of

Mo'ed and
for

Nashim.
R. Meir Rothenburg's commentary
(p.

158)

we only have

Xeg'aim and Ohaloth; the

rest

is

lost.

Of R. Asher ben
last

Jehiel the
of Sotah

commentary
mudic

to Zer'aim
is

and Taharoth. the

two chapters

Kinnim and Middot

printed besides commentaries to various Ta!

treatises (see A.

Freimann

p.

308-9

in the article

quoted by

Strack).

To the commentaries on Dob Berush Ashkenazi, 'D^PT


and Shebi'ith with
Slonim, dVT nyi:
of Kobrin, text
I,

the Palestinian
""lytf,

Talmud (p. 159) add: Warsaw 1866 on Zera'im (Dema,


ah\V
ilna);

and

glosses ofElij
II

Joshua Issac of

Wilna, 1863,

1866, III 1868,

IV 1869; Meir
with com-

TJ 1SD

I,

Warsaw
by
I.

1875, II 1890;

Baba

Kamma

mentary
I

C^PT nUTU
all fol.

H. Daiches, Wilna 1880, and Baba

Kamma
War-

II with

commentary nsnsn O'VenT by Gerson Meir

Bojarski,

saw 1904

Of Meiri's commentaries the


thai

latest to be published

(p.

162)
first

is

on 'Erubin 1913.

The notes

of Elijah

Wilna appeared

in

the

Talmud

of

Vienna 1806-1811.

To
I.

the important helps to the study of the

Talmud
is

(p.

163) Arieh
for the

eb

Vclliii,

Yefeh 'Enaim

in

the Wilna

Talmud

to be

added

refereni <- to the parallel passages in Tosefta,

Midrashim and Palest-

inian

l.ilniiid.

)l

commentaries on the Talmudic Haggadah Todros


12TIN,
ci
it

Abulafia,

07BH
e
foi

112D71
texl ual

Warsaw
ic'sm

1879,

though cabbalistic,

is

of

important

STRACKS INTRODUCTION TO THE TALMUD


For Aicher's Das A. T.
portant reviews by Bacher,
LI, 569-89.
(

MARX
Blau,

361
the im-

in der

Mischna

(p.

175) a

JQR. XIX, 589-606 and

M.G.W.J.

To

the prayer books p. 177 add the ro^rnn -rs, Wilna


(p.
1

>14.

For Herford, Christianity

70;

add Bacher 's review, J.Q.R.


(p.

XVII, 171-183.

For Berliner, Beitrage zur hebr. Grammatik

1*4)

comp. Goldziher Z.d.M.G.


ucation
(ib.)

XXX
for

375-84; to the literature on edin the

N. H. Imber, Education

Talmud

in

Report of the
p.

Commissioner of Education

1894-5 chptr.

XLVI

1795-1*20

Washington 1896,
les anciens

J.

Simon

,L' education el V instruction des enfants chez

Juifs,

Nimes 1879

(52

pp.), Sal. Stein,

Schtdverhdltnisse,

Erziehungslehre und Unterrichtsmeihoden


J..

im Talmud,

Berlin 1901 (37 pp.)

Wiesner, Die Jugendlehrer

in der

talmudischen Zeit,
(p.

Wien 1914
II,

(85 pp).

Of

Fischer. Die

Urkunden im Talmud
a second
is

185) part

Die Kauf-

vertraege, appeared in J.J.L.G. XII, 1920, p. 1-54.

Of Erankel, Die Of Yogel-

Eidesleistung
stein,

there
(p.

is

edition

1847 (263 pp.).

Notwehr

186) there

a reprint, Stettin 1904 (41 pp.).


I'

Add

to this page

M. Aron,

Histoire de

excommunication juke, Nimes 1882.

(168 pp.); D.
II,

W. Amram,

Retaliation and Compensation, JQR., N.S.


a

191-211; Id.

The Summons,

study in Jewish and Comparative

Procedure
18 pp.;

reprint from University of Pennsylvania


Civil

Law
I,

Review, 1919,

M. Waxman,
Leiter,

and Criminal Procedure

of Jewish courts,

New

York, 1914, reprint from Students' Annual

259-309.

P.

187

add W.
(63 pp.),

Die Stellung der Frau im Talmud, Amsterdam 1918

Jacob Xeubauer, Beitrage zur Geschichte des biblisch-talmud-

ischen Eheschliessungsrechtes, Leipzig 1920 (249 pp.), A. S. Herschberg,

-nn^nn

pa aweum
of

i'DTVNn 'jruo

in

-rnyn Y, Berlin 1913,


188
is

p.

75-102.
P.

The

list

books on the calendar

p.

entirely haphazard.

190 add Sapir, y~\ta, Jaffa 1911 and for natural science, M. Z.Taksin,
-noVrotP jntan my'T,

Warsaw

1907 (68 pp.).

P.

191

add G. Xobel,

Zur
pp.).

Geschichte der Zahnheilkunde

im Talmud,
is

diss.

Leipzig 1909 (66

Of Mielziner's book
institution of Slavery

(p.

192) there

an English translation,

The

among
in

the ancient Hebrews, Cincinnati, 1894.

M. Friedmann, Der Blinde


tum,

dem

biblischen

und rabbinischen

Schrif-

Wien 1873

(60 pp.)

A. S. Herschberg, ntPNn bv nms'rim 'ST

-llO^nn

pa

in

TiD^ra "133m
mnVlVTI

Tnyn IY, Tyn Ton

1-56
III
in

V, 102-4, 1912-13;
1-50.
P.

Krauss

in Tfljffl

1911

193 A. S. Herschberg,
S.

rwon 'oa mND-an


I,

Ila-Kedemlll, 93-106.

Alexander,

Beitrage zur Ornithologie Palaesiina's auf

Grund der

alien hebrdischen
1
(

Quellen

Gefluegelzucht, Wuerzburger Dissertation, Berlin

'15 (47 pp.)

362

THE JEWISH QUARTERLY REVIEW


is

Of Goldmann, Der Oelbau, there


Strack's introduction to the
it is

a reprint, Pressburg 1907 (79 pp.).


is

Talmud

so well-known a book, that

not necessary' to say anything about

its

a r rangement

and content.

The second

part, however, the introduction to the Midrash, being a

new venture, may be discussed


writing

little

more

in detail.
in general, its

In the second part Strack deals

first

with the Midrash

down and the

structure of the various Midrashim.

He

then
to

takes up the Tannaitic Midrashim and divides

them

according

the schools of R. Akiba and R. Ishmael. This chapter might have been

incorporated into the

first

part since

many

passages of these works are


reference to these works

quoted as Baraitas
is

in the

Talmud and constant

indispensable for scientific study of the Talmud.


it

In connection with
of

the Sifra

ought to be stated that besides the work

Rabbi Judah

the Midrash of R.Simon was to a large extent embodied into the book

by the redactor. Furthermore the Mekilta Milluim as well as certain parts of Ahare-Mot and Kedoshim belong to a Midrash of R.Ismael's
school and
29,30).

some

of these parts are missing in the first edition

(Hoffmann was

As

to the division of the Sifra originally each Parasha

divided into two or three Perakim.

In our edition this fact has been

overlooked and a great deal of confusion has been caused by numbering the

Perakim continuously.

Blau's paper refers to our Mekilta, not to the Mekilta of Rabbi

Simon.
Festschrift

He had
p.

written on the same subject in the Steinschneider-

21-40

and

also

gave some contributions

in

Winter-

Wiinsche's translation of the Mekilta.

The Midrash Tannaim on Deuteronomy shows


Hagadol had either the
Sifre

that the Midrash

and the Mekilta

of R. Ishmael
it

on Deuter-

onomy

separately, or a combination of both, but


it

is

not correct to
differences.

state that

agrees with the Sifre except


(p.

for

textual

Hoffmann's edition includes

56-62 and 69-71) several pieces of the

Mekilta on Deuteronomy from Genizah texts previously published by


Schechter.

To
and

the literature on the Sifra add the important various readings

critical

notes at the end of

oner now, Venice,

1622,

fol. 33-60.

Most

of

them are included

in the useful

notes of Jacob David, the editor

of the edition of

Warsaw,

1S66, with the


is

commentary
commentary

of

R.Simson of

Sens.

The

latest edition
I

that with the

of Vidal Zarfati,
in

Husiatyn, L908.

riedmann's edition of the Sifre appeared

Vienna.

The
the

edition of Wilna, L866, has a very important

appendix containing
Sifre

commentary

of

Sulaiman

ll>n

Uhna.

The commentaries

STRAI K'S INTRODUCTION TO

THE TALMUD

MARX

363

Debe Rab by David Pardo,

Salonica, 1799, and Ohole Jehuda

by Judah

Nagar, Livorno, 1823, as well as the commentary of the latter on the


Mekilta, Shebet Yehuda, Livorno, 1801, are of great importance for
the interpretation of these books and ought to be added to the bibli-

ography.

The

last

paragraph

in 3

belongs to chapter 17,5 and a re-

ference to Epstein, Mikadmoniot, p. 76, should be added.

Chapter XYII deals with the Midrashim

in

the form of homilies

and discusses the Pesikta, Wayikra Raba, Tanhuma .Pesikta Rabbati,


Midrash Rabba on Exodus, Numbers and Deuteronomy as well as some
smaller books.

Zunz's reconstruction of the Pesikta cannot easily


in spite of

be overestimated

Buber's corrections

(p. 203); see also

D.H.

Midler's review in Komposition und Strophenbau, Vienna 1097, p. 132-141

M. Friedmann
material in

reedited the

first

four chapters from additional

MS
1919,

Beth-Talmud Y. Bloch, Die Piska sum Wochenfest(No. 12),


zur

Textkritisches
p.

Pesikta

Derab

Kahana",

Monatsschrift,

131-137

is

to be added.

Tanhuma (p. 205) the editions with commentAbraham Meir Rosen (DnDNmifcU), Warsaw, 1878 and Benjamin aries by
In connection with the

Epstein

(jD'ja nVra),

Shitomir, 1898, and Weiss' Review of Buber's

edition in

Beth-Talmud, V, ought to be mentioned. Griinhut collected


quotations

the Yelamdenu

on Numbers, Deuteronomy and Genesis


the Genizah are pubin

I-XXXVII.
Studies.

Some Yelamdenu fragments from

lished in Wertheimer's

Bate Midrashot and by Schechter

Kohler

For 5 Epstein's article


to be overlooked.

in

Mikadmoniot ha-Jehudim 67-82 ought not


is

Debarim Rabba
in

also found in

MS. Parma

1240,

Bamidbar Rabba

MS.

Paris

150,

Munich

97,

and MS. Epstein;

Shemoth Rabba, Ms.

Paris

187.
is

Chapter XVIII on the exegetical Midrashim

devoted to Genesis

and Ekha Rabba.


the latest and best
is

Among

the editions of Midrash

Rabba

(p.211)

that of Wilna, 1878, in which the long chapters are


is

divided into paragraphs and which

therefore most convenient for

quotations. For these Midrashim as well as for Mekilta, Sifra, Sifre,

Tanhuma, Yalkut

etc.

Meir Benveniste, Ot

Emet, Salonica,

1565,

Prague, 1624, contains most important textual corrections.To Zunz's

chapter on Genesis Rabba corrections were given by Theodor,


38, p. 517-524.
stir

MGWJ.,
relation-

To

the literature on Midrash

Ekha

m\>\

A.Winkler, Be
.

Kritik des Midrasch Threni,

Kashau 1894
V,

69
.

On

thi

ship of the various texts see

OLZ,

(1902

p.

293

295

364

THE JEWISH QUARTERLY REVIEW


The other Midrashim
of the five Scrolls are discussed in chapter

XIX. Of Agadat Shir ha-Shirim and Midrash Zutta on Koheleth the New York Seminary has a very good MS. which also includes Midrash Mishle
in

an abridged form.

On

Esther a Midrash appeared Constantinople,


in

1519,

which was reprinted

Horowitz's Satnmhing,
in

1881,

p. 47-75.

Another one was published by Gaster


which
ib.,
is

Semitic Studies, 1897,

p.

173-78

not from the Xth, but the

XVth

century (see Steinschneider,

p. 610,

Bacher REJ.,35,p.l23).
in

Mordecai's Dream was edited


p.

more correctly

Merx, Chrestomathia Targumica,

157-164.

Exegetical Midrashim to other books are dealt with in chapter

XX.

Here the Midrash Samuel should have found


chapter XXII. Of Midrash Tehillim
(p. 216)

its

place instead of in
edition appeared

the

first

Constantinople 1512.

The second

part

was most
collected

likely printed in Fez.

The quotations from Midrash Job were


eimer,

more

fully

by Werth-

Jerusalem,

1921.

Many
arranged
in

of the smaller

Midrashim are discussed


stories, ethical in this

in chapter

XXI

groups as haggadic

and mystical Midrashim.

There are some books discussed


place here such as Seder

chapter which hardly have a


the stories of the Eldad.
is

Olam Zutta and

On
men-

the other hand the eschatological books of which only Zerubabel

tioned should have been included; see Buttenwieser, Outline of Xeo-Hebraic Apocalyptic Literature, Cincinnati, 1901,

and OLZ,

68-72. Sefer-

Hayashar was

not printed Naples 1552 (p. 218). In that year there were

neither Jews nor

Hebrew

printers in Naples.

Of the Sefer Zerubbabel

Israel Levi published a critical edition

(REJ 68 129-160 comp. 69

108-121

71 P. 51-65 222).
of the

The Midrash
Halikkutim;
rash of the

III, see

Ten Exiles was reedited by Griinhut, SeferZfHB, 98-100 about the various texts.Of the Mida fuller version than Jellinek
e.g.
"s

Ten Commamdments

appeared

in nvpyon TOTI, Venice, 1551, reprinted

in

nvc>0 Calcutta 1840

and Bagdad 1869.

Sti inschneider, Serapeum, 1866, p.1-12.

On the Judeo-German Maase books see especially The Hekalot were published
is

from a MS. by W'ertheinier, Jerusalem, 1890.


(

hapter

XXII
-mall

devoted to later collections, such


while

is

Yalkut,

Midrash
collections

Hagadol
"I

etc.,

the

final

chapter enumerates recent

Midrashim and

translations.

Among
of
iIk

the editions of the Yalfcul (p.223) that with the commentary


I

Abraham Gedalyah,
extracts

ivorno, 1650-1660,

is

of great importance for

readings of the text as veil as for the

commentary which includes

mam

bom

its

predecessors,

STRACK's INTRODUCTION TO THE TALMUD- -MARX


The
p. 295-96,

365
1902,

Yall^ut Makiri probably originated in Spain,

seeOLZ, V,

and so Strack himself


book
p. 223 to

states p. 78.

do not know why he

transfers the

Southern France.

Of

this
in

Yalkut on the

Minor Prophets Schechter discovered another copy


291, fol. 151-216
in

MS. Vatican
is

from which the beginning of Hosea which

missing

the British

Museum MS. and

therefore in Greenup's edition might be


also found in the British

supplied.

Of the Midrash Hagadol MSS. are


the

Museum,

New- York Seminary and

elsewhere.

Main more

ad-

ditions were given

by Poznanski REJLX~S.\], 102-7, whose review ap-

peared when this was being written.


I

hope these notes

will

be used for the sixth edition of Strack 's


in the
it

book.

This indespensable work of reference ought to be

hand
deals

of every serious scholar interested in the important literature

with.

The

impartial and competent


is

treatment of so

difficult

and

complex a literature

admirable and deserves the highest appreciation.

When

received the proofs of this article Prof. Strack had passed


5th.

away (October
additions.
will
It

1922).

He was

just

planning for an English

translation of this introduction for which he had asked


is

me

to supply
it

to be

hoped that

his plan will

be carried out as

make
in

a most useful

work accessible

to the

American student. Strack 's


Well

name
versed

will

forever remain

connected with Jewish learning.


fair

Jewish literature, unusually

and objective

in his treat-

ment, he has with his untiring zeal and great assiduity made lasting
contributions to Jewish science.

duction of a

To him we owe the first reproHebrew MS. (Prophetarum Posteriorum codex BabylonHebrew
Bible,

icus Petropolitanus 1878), the oldest dated of the only complete

and that
.

MS.

of the

Talmud

at

Munich (Leyden 1912

besides his numberless articles

and reviews.

To him we

are even

more indebted
aspersions

for
its

his

brave defence of Judaism against the

many

by

unscrupulous opponents.

rarab pnx -or

Alexander Marx.
Jewish Theological Seminary of America.

THE JEWISH YEAR BOOK FOR SWITZERLAND.


This
mission
land.
is

the fifth issue of an annual publication edited for a

Com-

for'

the Propagation of Jewish Popular Education in Switzer-

It is

an octavo volume

of 288 pages

which include 12 pages

of advertising.
in

Of

statistical

data which one would expect to find


lists

a publication of this character only 22 pages are devoted to

of

Jewish communities (Gemeitiden) and Jewish organizations and charitable institutions.

A calendar for the year 5681


is

is

given and at the bot-

tom

of each page

printed the time of sunset at the beginning and


festival

end of each Sabbath and

during the month.

The only other


of the year 5680.

material which entitles this volume to classification as a year book,


in the strict sense of the

word,
is

is

an 18 page review

In this,

much emphasis

laid

upon the new status

of Palestine

and

significant events

which had occurred there. About two pages are dein

voted to a discussion of conditions


of

other countries, while two-thirds

the review deals with events affecting the Jewish


itself.

community

of

Switzerland

The review of the year also briefly describes work accomplished by communal organizations during 5680.
The bulk
With a
of this

the

book

is

devoted to

articles, short stories,


is

and

verse-

single exception the language used

German.

great

many

of the articles are extracted

from books which had recently appeared

or

were about to be published.


is

"Nouvelle evaluation de valeurs

meconnues"

the introduction to a book by Doctor


la vie sexuelle

M. Ascher

of

Neuchatel entitled "Secrets reveles de

du point de vue

du Judaisme".
A.
is

translation of extracts from a

book by Chief Rabbi

J.

Kuk

of

Jerusalem entitled

nm

(lights),

dealing with Palestine,

also given.

There

is

a lengthy review of the Jewish


in

World

Relief

Conference held at Carlsbad

August, 1920.
in

S.

Ginsburg contributes

an analytical
there
is

article

on the Jewish question,


at present there
is

which he concludes that


for the

no panacea, that

hope

Jews only Jews

in in

Palestine and in the United States, although the conditions of

other countries

will

eventually

become more favorable than now.

Another

article, especially

important to Swiss Jews because of the pro-

Annuaire Israelite pour la Suisse. Hei Jaditchei Jahrbuch fur die Schwtit. ausgegctx-n von dcr Kommission Zur VBRBREITITNG JUdisi hbr Voi.ksuildung in

dbr Schwbiz.5.
5681

ui.

:.

Luzern-Baael:
J

Vbrlag Dbs JUdischbn Jahkbuchbs

66

SWISS JEWISH YEAR BOOK


hibition of Shehitah in that country,
is

SCHNEIDERMAN
"

367

"

Zur Physiologie des Schachtens "


of Luzern.
is

by Dr. Robert Guggenheim, a physician

Das Schreibverbot
J.

am
of

Schabbos, "which also has a local interest,


Zurich.

analyzed by

Strom
an

Dr.

Mordche Rapaport,
some

of the

same

city, contributes

article

on

" Jiidische

Wanderungprobleme."
original

Several sermons, a

number

of short stories,

and some translated from Hebrew and

Yiddish, and a few poems, complete the contents of the book.


In general
it

may

be said that the volume

is

very interesting read-

ing and that several of the articles are valuable contributions to the
discussion of various phases of the Jewish question, but there
ity of the statistical
is

a pauc-

and

historical material

which

is

generally sought

within the pages of a year book.

There
is

is,

however, no question that


to be read current-

that a volume redacted along these lines


ly,

more likely

than one stressing the statistical side which

may

be more valuable

for reference purposes.

The
the fifth.
are

sixth

volume

of this

Year Book follows the same

lines as

The

chief articles, besides the

Review

of the

Year 5681,

"Grundzuge des Chassidismus", by the Reverend Doctor A. Cohn

of Basel; "Einiges iiber jiidische Erziehung",

by Doctor M. Ascher
by Mordfur

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synagogalen Gesang", by Josef Messinger of Bern.

Like the pre-

vious volume, this also contains several short stories and poems.

New

York.

Harry Schneiderman.

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\,

Pbnna.

A 1THRIST OF SAADYA'S WORKS.*

By Samuel Pozxaxski, Warsaw.

The

treasures of the Genizah

seem

to be inexhaustible,

casting light especially on the gaonic period,

many an

ob-

scure chapter of which has been elucidated through them.

And now Jacob Mann, one


view
1
,

of the

most

diligent investiga-

tors of the Genizah, has published once more in this Re-

under the

title

named

in the

heading of this

article,
it

a Genizah fragment of extraordinary importance, since


entirely modifies

and considerably enlarges our previous


life

knowledge of Saadya's
the fragment
is

and work.

The importance
However,

of
it

further enhanced through the fact that


sons.

comes from the pen of Saadya's


has not entered sufficiently into
all

Mann

the

new

points and eleI

ments resulting from


deal with them.

this fragment,

and hence

intend to

In the

first

place,

we
2

find here
life.

an altogether new date


It

for the duration of Saadya's

appears that he lived

60 rather than 50 years.


is

Since the year of his death, 942,

well established,

nay even the exact day, Monday the

26th of Iyar, and even the hour


n:"DTin),he

(miDPKn ^iDa

'JP

^n

must have been born

in

882 rather than

in 892.

Hence

all

the hitherto accepted dates, such as his age at the


etc.,

entrance upon the Gaonate

are to be shifted 10 years

backwards.
life
is

The

sole source for the duration of Saadya's

was up

to the present

Abraham Ibn Daud, who

either

inexact, as

on other occasions, having had inexact sources


This Essay was translated into English and set in type after
all

* [Editor's Note]
careful revision
'

the lamented death of Dr. Poznanski, and hence could not have the benefit of the

which he gave to JQR., N.S., XI, 423-428.

of his publications,

D'JtP 0'B>BD

runs does not mean

at

any rate more than

59.

370
to

THE JEWISH QUARTERLY REVIEW


upon-', or else D'tpnn
is

draw
is

simply a mistake for D'BW,

which

not unusual

in

quite difficult to understand

Hebrew writing. Hitherto it was how Saadya could develop


within comparatively so
full

such a

prolific literary activity

short a time, but

now we

gain 10

years.

However,

it

has escaped everybody's notice, and also that of Mann,


that the year of birth 882
is

confirmed by Saadya himself.

He composed
p. 55,
'131
1.

his first

work, the Agron, after he had passed


(ed.

his twentieth year, 4


8):

and accordingly he says dvd

Harkavy,

pm mnm

^ni

D'rmoi ruv

mtvy y3~iN3

nrn "isDn n -lawn 3Xd , i K'sai, therefore 1214

Seleucid

= 902/3.
therefore

Harkavy emended mt^y yaiN


912/13,

to Dntvy y3iN,

but,

aside from the fact


,_
it>y,s

that Saadya

would then have said


is

yariNi D

the reading mtvy y3~iN

now

splendidly confirmed through the

new fragment.
could

Of course,
matters

the

following

objection

be

raised

against 882 as his year of birth.


in

In a letter dealing with

dispute between him and Ben Meir and addressed

to his pupils in Egypt,

which dates necessarily from the


:

year 921/22, Saadya says 6


]rb) tob
"\t<

'ayan
this

nsriDi

D'atv

e>e>

nr

]atpns

DDriND.

From

statement Bornsteim
left

and Eppenstein8 concluded that Saadya

Egypt

in 915.

Now we

find in

an account of a journey, said to come from


ed. Schechter,

Saadya (Saadyana,
companions had
ontvy
]3 a...

Xo. L), that his travelling


y-rn

said to

him:

nut nxx

nb nus

-iya

'3

Since Saadya, as generally accepted until


892,

now,

was born

he

was accordingly 23

years

old

this point comp, the recent opinion by Elbogen in the Guttma and M. Klein in btnsr POSrb nsisn. \ 93B. rhe impossible date D'rUf, in the cast ol th< la ti raon Hizkiah, have pointed out in my CtoHim, p.3, We shall ei further below that the data in Abraham ibn Daud concernp.l86ff.,
.

On

mi illation with

(avid b. /.ikk.ii

and

'Mi.

ernlng the yeai


I

ol

Samuel b
th(

(.lofni's de<

larka> y, p.4i

flJD 'a 'bin KJtO

im ease are rr_" likewise-\bi no^is s 'by


oi
<\

efereno to

poem D'*wy P^rpiaTD quoted


.1

bj Ibn Ezra (J iid.

Ztit-

bj
!4;

xodyana, ed. Schechter, p


'

Harka\ j Born tein, 3"DT npVnc

/..

...

p.71.

km

Ztitolltr, p

90

FIHRIST OF SAADYA'S
left

WORKS

POZNANSKI

371

when he

Egypt, and

it

is

necessary therefore to add


in 882,

[nnN whur\\ Dntpy

'3.

If,

however, he was born

then he was 33 years old when he emigrated.

But granted

even that the above-mentioned account of a journey comes

from Saadya, he states

in his letter

nothing but that he had

received no intelligence from his pupils for 6)4 years; but

he could have
left

left his

home much

earlier or he
left

might have

and come back and have then


older then 20 years,

a second time. That

indeed the writer of the account of the journey was not

much

is

proved by the words:

~iyj

'3

From

the fragment published

by Mann we
his sons tell us,
1

learn not

only the day of Saadya's death, but also the day of his as-

sumption of the
as

title of

Gaon.

As

he served
^"
,

Gaon

14 years, less 4 days (irono n3

2'

nw
it

]na

D-D' 'l m-TDn).

Now

since he died the 26th of Iyar 942,


Sherira,
is

he became Gaon the 1st of Sivan'.


states (ed. Neubauer, p. 40 above):

true,

"l"N3

(in

V""i) rP30Di
u.

D" ?-! mw.


1

Yet David
:

b.

Zakkai says (Stud.


np'^tpn
. . .

Mitt., V,

226 above)
Sivan.

niDi

ypn

rw3

thus correctly in
to

Geiger 10 had called

attention

the

difference
this

between Sherira's and David's data, but he believed


difference to be of no importance.

Harkavy, on the other


Zakkai's account [av3

hand, suggested that


~i"N3

in

David
in Iyar

b.

wbwr\] should perhaps be supplied, or that Saadya


in

had arrived

Babylon

but entered upon his


in

office
is

only in Sivan, or else the allusion


at
all

David
falls

b.

Zakkai

not

to Saadya.

But

all this

now
is

to the ground,

and

preference should henceforth be given to the contemporary

David

b.

Zakkai, whose report

verified

by our fragment,

over Sherira, especially since the question involved concerns the

academy

of Sura, concerning

which Sherira had

Not the 22d


i.e.,

of Iyar, as

Mann

erroneously states.

10

p. 172

below.

372

THE JEWISH QUARTERLY REVIEW

no such exact data as he had about Pumbedita.


the circumstance that Saadya was

From
follows

Gaon

14 years
b.

it

also that after his reconciliation with

David

Zakkai he

graced the

office

of the

Gaonate again

until his death.


(p.

This agrees with the account of Sherira


opposition to

40,
11

1.

8),

in

Abraham

ibn

Daud

(p.

66 above).

The newly discovered fragment further recalls to us a new son of Saadya, who bore the quite rare name IT""INP 12 and the title *p^N. This title was borne also by Saadya
before his nomination to the Gaonate,^ and thus
it

was

The co-author of the memorandum was the hitherto known son of Saadya, Dosa. * From another Genizah fragment published by Mann in the same Number of the JQR. (p. 412), we learn in the first place that Dosa occupied the position of Gaon in Sura, not as
granted also to his son.
1

an immediate follower of

his father,

but as successor to

Samuel

b.

Hofni,

who

died in 1013; then that Dosa oc-

cupied this position only 4 years, since he died 1017, hence


75 years after his father.

only bore the


furthermore,

title

Thus it appears that Dosa not Gaon but was also Gaon in deed, and,
is

my
old.

suggestion

confirmed that Dosa had

become very

Even

if

he had been a child at the

death of his father, and he could not have been very small
for the reason that

Saadya was a sexagenarian when he


old.

died, he

had become at any rate more than 80 years


at the reopening of the

Bui

why

Sura academy Dosa was


o&v wy 3"rmi
17N1 (in

" rvmraV
711V l"' )1KJ

myD 31 a vh\ ]dt 3i icnn n? 3"bj?ni myo ail N':n in


The
report in the

irn IDT 3T1. with


that
of

eviaently those of Saadya. and they were

attribul

noyan

Neu-

bauer.II,

82

Sherira.

REJ.,

XXXVI,

104, n.2,
,.

and

Ziinz. LiteralurRcschichtt, p.59.

An

Ai:
-....

oted in

MS.

Hodl.2878io-

Qtyjy
|

Sheerith Bhould be added there.

"In
f
1

n
I

i)in

pun, VI)

]itu 313 nDn 31, Berdyczew 1906; reprint But I have have presented him as the only known son of Saadya.
.

myo

tally in his

Mi

Ben Meii (see -m ? "bbr/ BB


1
!

tt

Bomstein,

I.e.

p. f>K,

l.K:nyo
nstein.

I.e.,

p.91

been known by name until now.

A FIHRIST OF SAADYA's WORKS


overlooked and Samuel

POZNANSK1

^7

main

inexplicable.

years old,

b. Hofni chos aon must reDosa must have been then over 50 and Samuel could not have been much older. *s

That the successor


siderations:

to

Samuel was not the

elder Sheerith
to

but the younger Dosa must have been due


either Sheerith,

two con-

longer alive in 1013, or else


of the two.

assumes, was no Dosa was the more important


as
left
is

Mann

Indeed, the latter has

many
only

traces in the

literature of his day, while Sheerith

now emerging

from the depth of the Genizah.


Israel,

Dosa's successor was

a son of Samuel

b.

Hofni,

who

died in the year

1034, the supposed year of Samuel's death. 16

adya's death (nw n"'o


at the request of

The memorandum was drawn up 11 years after Samns ins'DN ? ovn), hence in 953,
1

someone

(I ?! 'S

om^ND

i), perhaps at

the request of Hasdai ibn Shaprut, for

whom Dosa
life.

had
this

prepared also a description of his father's

That

biography was composed by the younger Dosa alone

may

be explained through the circumstance that either Sheerith

was already dead

or else Dosa's authority

was already
rate, it

greater than that of his elder brother.

At any
light

was

undoubtedly composed after 953.

However, the memorandum throws


Saadya's literary activity.

mostly on

The books
17
,

written by him are


I.

enumerated here

in

a certain order, namely:

books deal-

ing with the Bible (a

k)

among them

also

sermons
texts,

(e),

probably because they are built on biblical


connection with them a
post-biblical

and

in

but

pre-talmudic

work

(1)

II.

prayers; III. the religio-philosophical work (m)

IS The academy of Sura was reopened 988 at the earliest, i.e. a year after the composition of Sherira's Epistle, therefore 46 years after Saadya's death. When therefore

Samuel says
is

(see Mann, p.413,n.l0): O'JEai HDDrn 1JDD "7113 ]', he means only that he the oldest within the academy, but not the oldest in general. "Dosa and Israel are therefore to be stricken out in my Babyl. Geonim, p.106-107.

The only source


Ibn

for the date 1034 as the year of

Samuel's demise

is

again

Abraham

Daud.
17 I

designate the individual writing of Saadya by the same letters as

Mann.

374

THE JEWISH QUARTERLY REVIEW


Halakah
(n

IV. books dealing with

z),

among them

also

the the

commentary on the
title

Sefer Yesirah (g), on account of

nTX' ]TQ7n

V.

polemic treatises (s-w),

among

them, curiously enough, also the prayer book (w), concerning which see further below.

Here the memorandum


works 18
,

breaks

off

and we miss the

close of the polemic

the philosophical works, and very likely some other writings.


I.

Let us now examine the individual groups:


First of
all,

with regard to the biblical works,


all

it

appears that after

Saadya, as Bahya ibn Pakuda says


7,
1.

expressly in his preface (ed. Yahuda, p.

8),

commented

only upon the greater part of the books of the Bible, but
not upon
all

of them, as used to be generally assumed. 1 '

Thus he translated the


Exodus and
tioned
Leviticus.

entire Pentateuch, but wrote his


NX"!

comprehensive commentary only on Genesis as far as


Indeed, this

commentary

is

men-

by name only with


12 above;

reference to these books. 20

Thus

on Genesis by Saadya himself (commentary on


ed.

Yesirah,
b.

Lambert,
in

p.

Amanat,
treatise

p. 37),

by Solomon
10 (ed.

Jeroham
ZfHB.,
p.

his

polemical

against Saadya
I,

(see

Ill, 172),
1.

by Bahya
b.

ibn Pakuda,

Yahuda,

74,

5),

by Judah
(p.

Barzillai in his
197),

commentary on
of

Sefer

Yesirah
lip', p.

89,

193,

by Samuel ibn Tibbon


b.

(D'Dn
in

126),

and by Abraham

Solomon

Yemen

his Collectanea (77. B.,


is

XX,

39); the

commentary on
p.

Exodus
sides
t

quoted by Saadya himself (Amanat,


perhaps also
in

106; be-

hi-

the book on insects, see JQR.,


b.

XVII,
1878,
his

716), then also


p.

by Samuel
I,
v.

Hofni (see

ma
p.

-ixin.
in

61;

also

Dtpn,
s.

157),

Judah ibn Bal'am

book on
Heno
with
'
'

particles,
'
i

Nn
tin-

(ed.

Kokowzow,
it

118),

tin-

polemii

roup cannol begin with woi


ir<;/>.

prayer book, so that

is

listed neces-

Sec finally Sttinschneider,

Liter.

<l.

Juden.p.SS;

my

paper

MCWJ.JCLVl,
Bodl.,

164,

m
lano
by
i

r.t

thefollowinj

-i\.-.|

from Steins* hneider, Ca*.


<

taken onlj of such citations

when the ommentai

ii

Indicated expressly

ms

<>r

Teen.

A FIIIRIST OF SAADYA'S

WORKS

POZNANSKI
in

Bahya

ibn Pakuda,

/.

c, Isaac b.

Samuel ha-Sefardi

his

commentary on II Sam. 2123 (see JQR., X, 391fT.), Abraham Maimonides on Ex. 6.10 (see Steinschneider,
Arab.
Liter, d.

Juden,
;

p.

66, n. 27),

and Joseph

b.
is

Eliezer

on Gen. 23.17 21

the
in

commentary on Leviticus commentary on


by
.v.

cited
(see
in

by

Saadya himself

his

Is.

1.2

MS.
the

Bodl. 2862 31 ), then also


Fihrist ",

by Abulwalid,
III, 4 (p.

Muhammed v. pT (Usui,
1.

ibn

Nedim

298 17 ), by Bahya

ibn
in

Pakuda,

147,

19),

and by Moses ibn Ezra

his work on poetry (see JQR., X, 244).


all

Nor

is

it

an

accident that

known and edited fragments of Saadcommentary on the Pentateuch cover ya's comprehensive only these two and a half books^. Thus on Genesis, besides the passage from the preface in Hebrew translation
the
in

Judah ibn
D'at?'

Barzillai,

/.

c, p. 89ft\, also on 3.20ff. in Har-

kavv,

D3 CTEHn,
(ib.,

II,

No.

10(

= mpn,

I,

160-162); on

Exodus: 4.25

II,

No. 8 = p3n, VI, 38-40) and parts of

chapters 12,21,35, 36, which Hirschfeld edited from Genizah fragments (JQR., XVI, 298; XVIII, 600; N. S., VI,
365) 2 ^; on Leviticus likewise ed. Hirschfeld
(ib.

XIX,

136;

N.

It is S., VI, 372; VII 48). have possessed Saadya's commentary (mtP) on Nxn, npy, and irrNn^, but in view of the direct data of our memoran-

true that Firkowitz claims to

dum we
Then

should not concede the authorship of the Gaon.

Hirschfeld has edited a Genizah fragment of the


S.,

Bodleiana (JQR., N.
'
.

VII,

50-54), which

contains a

'1D1

= mys rOSS, ed. Herzo K p.114: D'piDS D^IPy '3 O'USEOn H^Nl nBHSSSH'S JWJH OH H^Kl D'SIDD DH DHO 0'3K> *?DV V. See the notes of the editor ad loc. cJl~M ^i-Jl j-~~&' uj^J ^_j^aJl Ed. FMgel, p.23,1.14:
'>-

J*

Z\

cJl

V>

r^Vl

( st

'

Steinschneider.

Cat. Bodl. 2184,

and

Only when we established that every Bacher. Abraham ibn Ezras Einleitung, p.20.n.2). whose book of the Pentateuch was divided into two halves do the words of Ibn Nedim. comp. veracity Harkavy {JQR.. XII,537)still called into doubt, become understandable,
JQR., N.S., VI. 365.372. Partly enumerated by Eppenstein, I.e., p.83. M Besides this also on Ex. 15. etc. in Isaac b. Samuel's commentary (see above) transwhich, however, has reference to 1 Sam. 22-23; then also on 30. 1 1-16, in German
2>
1

also

lation, in

Bacher, Die
1

jiid.

Bibelexegese etc., p. 13-16.


p.5b.

m man maipr) ? sua.

376

THE JEWISH QUARTERLY REVIEW


2.9-10,

commentary on Deut. 1.41-42 and


proofs adduced

and which he
but the

believes himself entitled to ascribe to Saadya,

Gaon's authorship.
pentance
in this

by him point, on the contrary, against the Thus the deductions concerning refragment are supposed to coincide with
fifth section of

those of Saadya in the


ever,

the Amandt.

How-

while this source maintains that the conditions of

repentance are four:

abandonment

of sin, remorse, seek-

ing forgiveness, and a resolve not to repeat the sin any

more, 26 our fragment speaks only of two pillars of repentance

remorse and firm resolve. 2 " out a single one of the

Nor does the Amandt point


of proper

many examples

and im-

proper repentance, which are mentioned in our fragment.


Further, the text of the above-mentioned verses of Deut-

eronomy
the same

is

supposed to be translated
as in Saadya.

in

our fragment in
is

manner

But

this

true only as
goes,

far as the rendition of D'DN (2.10)

by iutid^s
(1.41)

on the

other hand, Saadya translates

"irnrn

by omiN3l
ns:i anayjNi

"you hastened", while our fragment


pis
~\bw

reads: lrnni njisdi

yn rrn^

H3

d'ddh ]wh
is

jo

npspn^N
in

T'tn, a derivation

which

not found even

Saadya's

list

of 70 (90) words.

That Saadya should have withdrawn

his original explanation

"you hastened"
,

in
(p.

favor of the
58,
n.

other

"you consented" 28
is

as

Hirschfeld

35)

maintains,
'131

not

likely.

Also the translation of


in
is

ityy '331

DIP!" sounds otherwise

the fragment than in Sa-

adya.

The

result therefore
I,

that the

Gaon commented

only upon Genesis

Exodus and

Leviticus.

The
books

fact that Saadya

Mann was
i.
1

able to

commented only upon these establish in a surprising way also


D"i:7to
}N1

Amandt
di

77

Tiny n?x ]N3'n -iND:nDN7Ni


0ry7Nl 01J7K ]H 7ipj tU3
in

TM7N
"jVil.

i hyirhn nnrn.
It is

M Fmn7N 'may NDn


that Dfy
i

KIN

noteworthy

occur

Saadya.
ad do! only
In

m Tin
onomy, and
t..
j.i'.
;
1

Yefet.in
In

Karaite compiler on Dcuter-

in

Saadj

> tbn

tanarj

ee Hirai hfeld, p.58, q.35,

1 1

error), bul al o in Ibn Ezra


]*n.

ad he., and

the dictionarit

where Ibn Janab is due ol Parhon and Kim hi

A FIHRIST OF SAADYA's WORKS


from other sources.

POZNANSK3
Jacob

377

MS.

Bodl. 2624 17 contains a fragment

of a compilation to the Haftarot, composed in the year

1211 in Fostat

by Joseph -non tn

b.

pm

'3 B>frO, 2,

>

and there we

find in a colophon that the compiler

made

use of the following commentaries on the

Pentateuch:

Saadya's on Genesis as far as


Leviticus;

HS'l

and on Exodus and


on

Samuel

b.

Hofni's on Genesis from N2n,


far as D'LDDltP;

Numbers and Deuteronomy so Sargado's on Deuteronomy from


is

Aaron ibn
This

wusw
is

to the end. 3

further proof that Saadya, as

stated in the newly

discovered fragment, did not

comment on

the entire Pen-

tateuch, for otherwise Joseph b. Jacob would have used


it

completely.

Only

Mann

has drawn false conclusions

from the data of the colophon.


ibn Sargado and Samuel b.
fective

For he believes that Aaron

Hofni had completed the de-

commentary
first

Aaron

of Saadya in such a manner that commented upon the second half of Deuterob.

nomy, then Samuel


parts,

Hofni explained the


II,

still

missing
I.

namely Genesis

Numbers, and Deuteronomy

But, in the
bitterest

first place, it is

very unlikely that Aaron, the

opponent of Saadya, should have begun this completion. Secondly, had he done it, he would have be-

and not with Deuteronomy II. Finally it can be proved that both these Geonim had commented Of Aaron ibn also upon other parts of the Pentateuch. Sargado only scanty citations are extant, and of these some
gun with Genesis
II

indeed refer to Deuteronomy


ad. loc,

II,

as on 21.14 in ibn Bal'am

who

expressly

names Aaron's commentary (Fuchs,


1

Studien, p.

XVIII:
;

pnN no ? nensVK nin


(see

mv

'>

rvtni

msno p)
in

to 33.6 in Ibn Ezra on Gen. 34.6; and on 33.14

Joseph

b.

Judah

JQR., XVI, 692, and XVII, 169)


ad. loc.

and Tanhum Yerushalmi


" On
mistake.
>

(see

Harkavy,
Mann

D3

D'BHn
by

this point see

my

Zur

jua.-arab. Literalur, p.18.

(p.426) has 1111

See the wording of the colophon in Mann, p.426, n.10.

378

THE JEWISH QUARTERLY REVIEW


;

WW\ X, 23)
16, in

but there are citations also on Gen. 49.6, Ex.


18.6
(all

36.

and

Levit.

in

Ibn Ezra ad. loc;


ed.

the second

the short commentary,


b.

Reggio,

p.

113).

As

to

Samuel
in

Hofni, his commentaries are expressly quoted

list

of

books from the Genizah


the pericopes m,
"\b>

(ZfHB., XII, 116),


~]7, niDIP, n"7P3,

among them on

and

irrxn, while passages on Gen. 17.15, 22.20, 23.1, as well as

on Deut. 16.18, 32.51, are accessible through print (Har-

kavy

in tib

inN,

1878,

pp.

55-56, 61-64)3'.

The

por-

tions of the

commentary which presumably were not com-

posed are likewise cited by Ibn Ezra on Gen. 3.1(?); Ex.


31

There have been preserved besides, alongside the commentary on the

last three

pericopes of Genesis, which was edited

by

Israelsohn, a
(or

number

of

fragments in Peters,

burg, a fragment of the


also a fragment
I

commentary on Ppn
4-5,

Num.2)in MS. Bodl. 2859 8 and perhaps


(see

on Deut.

which was edited by Harkavy

ZfHB.. XII,

117, No

I;.

have before
of

me

a Genizah fragment on Deut. 11.39, which seems to belong to the comb.

mentary
'ni

Samuel
yo'j

Hofni and which

communicate herewith
-inin 'asvon

in extenso:DmDE'l'lpl

nwobn

wrr^s oop:n

vbn yoDpbn ~3

nw

o'pnn 73 nx nipy?

Nro boyh mil aby: ab


j?'3-in

Tbx m fmas^K ytne^N

o'pnn 'ip3 -in-ikb rrjJDD^Ki StVpj&k

nb] -\noTO niDETi'nipn


-\vh

'ypb

nhtopn ndi o'n^o rfKD3 Kim '3J7N 1337x3 hvh


rrVpyV p'n-ibVn D'DBEon n
'ipa ik-ini [o'n^d

nan
nd

D'DBirnm D'prn nbn

'ip bi

]H D7y:i

Rrm

's aim ]bi '-\& y-\n 'B n"7n ran


y...

d ,!7 tiVn nixo^s -oij }h ai 1

p*a nipy ?
1

'si 'ner

jon ' s wo'Vn n: tuy


l

d^i

ni ?:

?^ jndi 'B wot^n tiVn nixo^N

niy

nNnsoy^w

i'-iN

dhim^k
1

'B 'ipa

I ?! rnew oi

vinh n'ra mxD^N Vya pVy ip axro^N \h 7ip:i mint^N jrca '3 rrm 'n '^in^n rntay^KB ntniay 'a imi "|Vi onya:i pun bn iun '31 rrbny^N 'fl 'p3 y-iNn bn won '31 hVx "mtay^Ni
?ai

ynn ? ton
'3

new f-iKn ?n lNun


dd ?
1

noiy^N

7xpi dstidbtio v-in

*? it03n '3

dod: nens

'fl

"?t<pi

]ni2 'jn

-iw [pan
'fl

^l

1xl3n ' 31 niypnp

nuopn

bnpi 'sp n
1

Dmxpi dd ?
1

ini: ']

rhtoy^Ni rbrbn 3U1


"?xb
'si

n"?Np

h^n pwi
'3

*?

03ni33 j^k rhtay ?^

'" ,1

? n3ir

pun

nnspi
,n

rtKD *73sn D'o'


l'ps

nyac Vxs

n*73Ni

niKn hips 'b

bnp hVk (-|VvVk=) t,n " "l^ 3 ' ,;) n,n1 Dnyeo np^y a 'n n^.s rniay^Ni n b Dm ids "73
i"?N

"^"

maym
inypa
(?)'B

y^nz

nisa"7 ]D rre b'p


'fl

ho
1

rntay^w i^3n -|nypa


ddsin Tsp
r\H
-|

did ^ya ni33

'fl

bnpi

ditd^k

"7pi

^lynN ?

-jdidi n'^y po:i


,-

DDixpai nx'B^N's pD

ino ]V3
in:i

-|3 rrn' '3

n:tn bnpt
1

iy

nn3 ppb ^'p oin


'fl

'r^s

nnray^Kl "yn nb 'sns3i

RTJT3 ndndpn y'KntP ?^


'er i'-ik

'fl

:3Nn3

mso?N niaop
(y3n7N)
i'3ii:
the-

h:d ipi -|Hy trea -|'n


3

Kim
upo

*bn K3"? "701 ?3p yip no tujo ^ikVk ddp^xb ddpk


1

w:nn wnoDp:
.

Dri

NnnNpiN ? nyi

n^H mxD ?^
1

in Vin

^y

]3

aopbn
in

Style

and contents remind entirely


,!

<>f

Samuel

b.I.Iofni.

Also

remark that

the

"Hook

Precepta" the prescriptions were divided into different groups agrees with what we
tni<

know concerning
really

book

(see
1

DTpn.

III.

i<>7
l).

it.).

Likewise the
in
iii-

yxnr^K 3P3

i<

supposed to have been


Harl ivy,
^iuil. .

ited

Uy Samuel
III.

yofni

commentary on Deuter-

onom)

Milt.,

5d).

A FIHRIST OF SAADYA's
4.24,25, 8.6, 19.13

WORKS

POZNANSK1

379

and Lev.

16.8;

on Deut. 16.21

(in

Harkavy,

ww

by Tanhum Yerushalmi ay onsnn, X, 22), and


11

perhaps also by Abulwalid (Usui, 656 24 on Lev.

14?).3 2

The procedure

of Joseph b. Jacob

is

therefore to be ex-

plained in this way,

that for those parts of the

Pentateuch,

which Saadya had not commented upon, he made use of


the

commentary

of

Samuel

b.

Hofni, the greatest Bible

exegete

Geonim besides Saadya. But in Joseph's commentary the comments on Deut. II copy must have been lacking, wherefore he borrowed them from the commentary of Aaron ibn Sargado.

among

the

of Samuel's

Thus

it is

confirmed from various sources that Saadya


of

commented only upon a part


true that a
list

the Pentateuch.

It

is

of books from the Genizah (ZfHB.\ XII,

119) speaks of a

min^

^"r

nnyo

31 rrw, but either

mv

here means translation and not commentary (m and TDDH interchange quite often also elsewhere), or else, what
is

less

likely,

the allusion here

is

not to Saadya's com-

prehensive commentary but to another treatise of Saadya's

on the Pentateuch.
published by
'3NJ7D3 roai

For

it

follows from the

memorandum

Mann

that Saadya composed also a 3NDD

-a ns-inn
this, also
first

nn

,!

7N rrewna
e.

]D

fn^ innm,

and besides
teuch.

"tndd,

i.

questions to the Penta-

The
is

book, whose
in

title

means "Garden Flow-

ers"^,

quoted also

two

lists

of books from the Genizah",

and

in

addition also in an Arabic

commentary from Yemen

on Maimonides' Code of Laws (Cat. Neubauer, Xo. 626),

namely on the pericope nonn (communicated by Steinschneider,

Cat.

Bodl.

2207:

"?"r

lia

myo

irm

"?pi

at any rate cites Samuel b.Hofni only on Genes ZfHB.. II, 55ff. The Karaite Kirkisani, Not "Choice of Practices", as Mann translates. 'D a contemporary of Saadya, named his commentary on the Pentateuch JWP p'tHn^NI "the Book of the Gardens and the Bed'". Ed.Bacher, REJ XXXIX, 200, no.22: *\'Wn 1[|n7 2[DD ]3 rV!P]8<-i= ^ET my Schechter's Saadyand, p. 21, no. 20: *IMn?M7K 3KP0 [TCiyo Up") (see ib., p.206);

Abraham Maimonides

NX'1 on. see

.,

Comp

also

Eppenstein.

I.e.,

p. 81

n.3-

380

THE JEWISH QUARTERLY REVIEW


inpn 'tins mtp
'S

nnnn ^
name,

-iNnrsV^ nsro), as well as from

the same pericope, but without the mention of Saadya's


in

Isaac Gaon's sermons from the year

1221-22
Its con-

(see ibid.:

-iNnm

3Nro nriNS niDi an ^oxm).


suggests,

tent

was

not, as

Mann

an explanation of the

light

prescriptions of the Pentateuch, but rather, as the


rD3 indicates, short glosses to the same.

word
Judah

Thus

also

ibn Bal'am entitled his glosses to the prophets and Hagio-

grapha N-ipn^N nDJ "Beauties of Scripture", likewise the


short
is

commentary

of Levi b. Yefet
I

on the

earlier

prophets

called i b N yKnrp ~idd rD2.3s

assume the identity of


which everyetc.,

this

work with the short commentary which Saadya comin

posed at the request of some people and


thing linguistic,
polemic, philosophic,

halakic,

was
of

omitted

;^ 6

with the plain commentary (d'DZI^n

mt^x)

Saadya which Abraham


the rQ'naVN oni
1

Maimonides quotes alongside with


I'osn cited
a
of

the comprehensive one (yDna^)", and perhaps also with


?

[-i2s]nbn

in

list

books

from the Genizah.3*


there

In the "7'NDn, on the other hand,


of various

must have been a discussion and solution

questions with regard to the Pentateuch. 39

It is possible

even that a specimen thereof has been preserved.


See
Steinschneider,

In his

OLZ,

III, 432,

as Arab. Liter.d. Juden, p.412.

Muhammed
jjjl.2
.

and the passages enumerated there, as well Ibn Nedim, in the Fihrist I.e., calls Saadya's j
~*~Jb

commentary on the Psalms:

j& J oX-Jl

j-~-~-&>

>>vl

36 See the end of the preface, ed. Derenbourg, p.4, from which the conclusion was unjustly reached that Saadya here alludes to his translation without any commentary. But the following words speak against it: D'D3 "HSU ]H 'I'JND j'aJK^N 'VJQ 17'
'

-\bn

T1BB 3Nro D niin ?^


i"

VJ.

On

the other hand,

rj>

>

i\jjiij) j~r.*'

i^\jj
a?

Muhammed
ein,

Ibn

Nedim evidently

alludes to the translation.

Abraham Maimuni, p.33, q.3. Also in the marginal note in MS. Bodl. 286O7 'OH'^l V'rWS ]Mub L3S "DTI nSD, the word D0B corresponds probe. the "iNruN^N 'D on Numbers. At., hie: B'Da, hence the Bhorl commentary, 11 Ed. p..,, hi 1. I. No. 21. The only difficulty is that one and the Bame work would figure undei two different titles one neai the other, once as "GCnSD TDBJl and a

i.

<

..

second time as -iNnrK^N


19

'3.
i
,
,

No.
to

J9,

a H'-iyD 1V3-I7

"?"r is

quoted.

Heri

ITi

ronn!?,

TNDO ITB1 nlKn7K Mann assumes, e. tha(


1.

iTB

11)1

queries

were

1m orporafc d
,

In thi

Bool on testimonies, bu1 to Mil, i. e. that this hook as well continued in one and the same volume. But here 7'NDD no doubt Hi. A collection of such response ,,,, q Ue i,, (s JQR..N.S., Ill ntitled b"i]im nnyD inn ? V'NDa h"?DJ
1 .

A FIHRIST OF SAADYA'S WORKS- POZNANSKI

381

commentary on

II

Sam.

21

Isaac b. Samuel ha-Sefardi

quotes from Saadya's commentary on

num

a section which

deals with the story of the delivery of Saul's grandchildren


to the Gibeonites
offers

and where the Gaon says that this story nine questions, which he then answers. 4 The entire
in

book was perhaps

such form.
first,

From

these two books,


also

and preeminently from the

must have come

various citations from Saadia, which cover parts of the

Pentateuch not commented upon by Saadya and which are found neither in the Gaon's translation of the Pentateuch
nor
in

These citations occur Dunash's Criticism of Saadya, No. 13^; Ibn Bal'am on Deut. 24.1643; Ibn Ezra on Gen. 31.50, 37.25, 48.4, 50.19,
in

any

of his other writings.41

and Deut.
o

17.6 ;

Parhon,

5.

v.

J'J74S;

Abraham Ma'imon-

frvra urns nxf&K nin j oVys ptu rriyD iron pdsdVn T'D rrs 00 5 011 s '"W '^ '=' ^p- --Pill onVoo D'on^xi . I l J ^l' "|7N 7ipj1 TND07N nin ]D rnnNl. At any rate the "INn^N '0 might be designated here by TDSR At the same time we see that occasionally Saadya incorporated in his commentary on the Pentateuch long discussions on other passages from the Bible. Thus he had also explained David's song, II Sam. 22, as introduction to his
'Hi
1

See jqr., x, 391:


'a

o^n

npi rfotra
-'s

dhi^n nsp
2>: 3

bwi

msn
1

v ^ ^P^

nnKi nens

tdsh

'3 ? 'or
'

exposition of the D'n see ib, 394 and 396.

m>V, and the other song,

ib.

23, 1-7, at the

beginning of

mm,

Most of these passages are enumerated by Steinschneider, Cat. Bodl. 2186-87, But here are considered only Gen. II, Num. and Deut., and only those passages which are surely derived from a commentary on the Pentateuch.
' To Gen. 31.91: 1D3J3 JO H'tn tOOTll njH'l Voy ]wb ]D 'n^DJJ 01' TQ133 EH'S tiyi MOID (see hereon in' DSB. No. 12) The words rPfcTI N'Om prove that an explanation by Saadya was used here and not a translation of his, as in all other passages (enumerated by Steinschneider, /. c, in accordance with the in' DBV. since the criticism of Dunash had not yet been published; No. 59 is derived from Saadya's list of hapaxlegomena. No. 11; Xo. 177 from the commentary to O'aDPD, see above, No. 21).

The other three passages, in which Ibn Bal'am do not have to come from a commentary ad. loc. Thus on Num. 22.28 (concerning the speech of Balaam's ass) may be derived from the commentary on Gen. 3.1 (see Ibn Ezra ad loc.) or from a responsum (see further below); ib. 24.7 from Saadya's commentary on Ex. 7.19 (see Fuchs ad loc); to 5.6 from the commentary on Ex. 20.1 (see Steinschneider, Cat. Bodl. 2186). The other citations in Ibn Bal'am from Saadya (Num. 7.84, 11.8.31, 14.19.44.45, 21.14, 22.30, 23.31, 24.6.24, 35.14, and Deut. 7.13) are all derived from the translation.
p.

"

In Fuchs,

XIX

below.

quotes

Saadya's explanations,

" All the citations from Saadya in Ibn Ezra on Gen. II, Num., and Deut., are derived either from the translation (Gen. 28.10, 33.20, 36.24.39, 37.25 bis 38.29, 4 0. 1116, 4<>. 12.25; Num. 23.10; Deut. 32.1, 33.27), or from the commentary ad loc. (Gen. 32.4; Num. 22.22.28), or from the religio-philosophical wort 19; Deut. 33.2), or finally from another work of Saadya's (1) Under JINJn on Gen. 30.37 is probably mi
46

On Num.

10.31.

Saadya's translation reads differently.

382

THE JEWISH QUARTERLY REVIEW

ides (see above);

Bahya
of
*s)

b.

Asher on Gen. 28.18, and Abin

raham
1.2

b.

Solomon

Yemen
and

his Collectanea to
I,
f.

Xah.
'S

(rbw"\

nans "riNn

vol.

37b (pwi

mp

Of the Prophets, Saadya commented,


only upon Isaiah, which
(N'JWN
is

as

we

learn now,

mentioned also by Ibn Xedim


of this

TDsn
the

3Nro).

The remnants
in

commentary
No.
the
ed.

are collected in ed. Derenbourg. Since then have been ad-

ded:

beginning,
(full

Saadyana,

ed. ed.

Shechter,

XXVIII
Lambert

of lacunae);
p.

on

20.2flf.

Fraenkel

in

Harkavy- Festschrift,
in

91-93; on 40.2-5

and
p.

10-11

the

Kaufmann Gedenkbuch,

138-143.
to be found

Fragments on
in

1.1-9, 17.11-14,

and 19.14-25 are


.

MS.

Bodl. 2826 41 and 2851 9

Besides Isaiah Saadya composed also questions (7'KDD)


to the twelve

Minor Prophets.

From

these are probably


in

derived the various citations on these Prophets


of

the

name
;

Saadya

in the following:

Dunash, Xo. 19 (on Am.


in

1.13)- 8

ibn Bal'am on Hab. 2.4 ;


Joel 1.2;5
"
:

an Arabic commentary on

Ibn Ezra on
B.,

Am.

1.3, 5.225'

and Jon.

I.l,s*3;s3

See

//.

XX,

39.
n. 3.

&

Eppenstein, Beitrage, p. 80,


JTIDD I'jbin

nnn Dyp3 Vy EH'S T1JJ1, but this could have occurred occasionally also somewhere else. On this matter comp. the citations in my Mose ibn Chiquitilla,
48

D'lH

is to be made that the originator of this explanation but Saadya. iruiota p'ls t<\>: an nsni rrm iraiOR3 pnxi nVip ] Vsp n:s "?"r ]iw -\bn ie>s: mer th ^y hono rijRi d'^'ds ? 'nVnrn 3R3 id tit. (see ibn Ezra ad loc.) Another passage, on Hos, 4.10 (see Kimhi ad loc), belongs to the ten verse pairs mentioned above, n. 21, and is therefore derived from Saadya's commentary on Exodus. - D ? POR ^Kpi (r. R0nr3) N0H3 '3 pBlB "?"r 'DVB |13 N0.X1 MS. Bodl. 2629 7 l- 3 DmxjJ 'B JO' d ? hVr (r. mpN^to 3ip n"?n ^3 iy3"? dstiun 'D'3 di Vips TT; the same in Hebrew in Abraham b. Solomon <//. /:.. XX. 40): 03TVI3N 'D'3 DR1 ~^s

p.

152-153, where the correction

is

no!

Menahem

tt

myo

'

D3\TON
I

'0'3 OKI V'ntP TORI V'f JltO TiyD r '3T 3'0TI TJB^ D'-IXO _.s -,. j80 |||v SchechUr'i Saadyana, p. 21.

D3TR3

10W

1331

known passage dealing with K'13. which may be derived also from commentary on Is. 1. 11. See ibn Bal'am's D'JJn^N 3Nro. s. v. N ,_-: ourgon Kokowzow, p. 90), and the p d bj the editor, as well
he well
a'l

Saad)
'

a's

Isaiah,

/.

<

Amandt, 125, where, howevei Wertheimer, nahv n"?np. p. 7. and MGWJ., XI IV, 548. " Possibly derived from the com men tarj "n Gen.
Similarly in
Stud,
u.

if

not quoted.

Comp.

10.4.

See

also

Harkavy,

Mitt.,

A FIHRIST OF SAADYA's WORKS

POZNANSKI
5.

383
6.9,

Kimhi on Hos.
10.6,
11.9, 12.5,

2.3,13,17,19, 3.2,5, 4.2,10,

10,

9.9,

N-0; the

Am. 2.4, Zech, 6.3, and Dictionary s. v. German lexicographer Simson s. v. nrn (on Zech.
Wiss. Zeitschrift, V, 288);
b.

9.1; see Geiger's

Solomon

b.

Samuel,

5.

v.

D3D;^ Abraham

Isaac in the

commentary

on Canticles 4.12 (on Zech.

6.3; see

Magazin, V, 127), and


5.4,

Abraham b. Solomon on Joel 1.2, Mic. 14.1 55 From all these passages, which
.

Zech. 6.1 and

contain simple ex-

planations,

it

is

difficult to establish

the character of the


1.2,

b'Kon, with the exception perhaps of that on Joel

wherein the contradiction between this verse and Ex. 10.14 is pointed out. In a list of books from the Genizah

(Schechter's

Saadyana,

p.

20)

ynyap
1

~u?y

nn TDsn

is

mentioned between a nn'no^N dni ? iTy^ n-Dsn and a 'OVB^ PD'N "VDsn, but that Saadya's name is missing
here proves that the allusion
especially since he
is is

not to a work by the Gaons^,

known

to

have composed on the Minor


Ibn

Prophets not a TDBri but a ^'nd.


omits the Minor Prophets.

Nedim

likewise

Of the Hagiographa, Saadya, according to our

list,

commented only upon the Psalms (with

a detailed intro-

duction), Job, Proverbs, Daniel, Lamentations, and Esther.

The commentaries on

the

first

three books, which are


all

men-

tioned also by Ibn Nedim.s? have

been edited (with the

exception of Ps. 90-106);


fed. Spiegel, Berlin 1906).

of Daniel only the translation

Fragments

of the

commentary
.

are contained in

MS.

Bodl.

2884 4 and 28608

Specimens
II)

from

it

in

my

treatise

on

this

commentary
of Jewish Lore

(in ]-\in

and

in

my
in

Miscellen tiber Saadia, III, 16-17 (comp. hereon

Maker

Neumark's Journal
2.11, see
list

and PhiloBut perhaps

On Hab.

Bacher, Ein hebr.-Pers. Worterbuch, p. 45.


is

derived from the

18 H. B., XX, Amanat. p. 220. " So Eppenstein,

Hapaxlegomena, \o. 18. 39-40.65. The passage on Mi. 5.4


of
I.

perhaps derived from the

c, p. 79, n.

4.
,

Steinschneider, Cat. Bodl. 2104, and Bacher, .4 braham ibn Ezra p. 21f., whose conclusions seem to me to be unfounded.

See

Einleiti

384
sophy,
I,

THE JEWISH QUARTERLY REVIEW


45ff.).

A 'dvbV ?
1

i"D'N

TDsn

is

quoted, as

seen above, in a

list

of books

from the
is

we have Genizah, only we


to the translation
2.

do not know whether the allusion here


or the commentary.

fragment of the translation of

8-18

is

found

in the possession of
p.

Rothschild in Paris (see

Kaufmann-Gedenkbiich,

138),

and whether the Arabic


coming from

translation of Lamentations in the manuscripts

Yemen
147.

(e.

g.

MS.
is

Berlin 129; Bodl. 2333; Brit.

Mus. 145subject to
is

149.150)

derived from Saadya

is

still

investigation.

The commentary on
(see

this

book
n.
1)

cited
in

by
the

Mebasser ha-Levi

JQR., XIII, 340,

and

sermons of Isaac Gaon


Juden,
p. 59),

(see Steinschneider, Arab. Liter, d.

and perhaps we possess even a fragment

of

the introduction (see further below).

From
is

it is

probably

derived also the explanation of 3.41 in Kimhi's Dictionary


5. v.

c]dd.38

avs'7

7 "iriDN

rbm tdsh

likewise mentioned

in the

above-named
commentary.
is

list

of books

from the Genizah, and

also here the allusion

may

be to the translation as well as


translation,

to

the

The
is

perhaps slightly

revised,

printed in a Yemenite prayer-book, ed. Vienna


cited

1896.

The commentary

by Saadya himself
b.

in his

commentary on Daniel; by Solomon


the '"tan
70.59

Jeroham
also

in

his
in

polemic treatise against Saadya, and by Joseph Kimhi


~1>D, p.

Very

likely it

was used

by Ibn
Parhon
his

Ezra on 4.14 (second recension,


s. v.

ed. Zedner, p. 20);

Tin,

and Tanhum Yerushalmi at the beginning of


(see
is

commentary
commentary
(see

Wolf,

III,

1168).
in the

fragment of the

supposed to be
66).
left
77,

Cambridge Genizah

JQR., XVII,
idya thus

uncommented
]ir:

the Former Prophets,


n"t
13

in

-in'

nop. No.

we read:

Kim

|iK)n ''s

Turn d'd

'jVs.

but

in

tin-

edition

explanation on Lamentations 3.48 mentioned

In rr \*

wanting.
Si-r detaila

on

this point in

my

article in

MGWJ.,

XI. VI, 364ff. (and bearing


is

on this JQR., XII, added mann-Gtdenkbut h,

189),

whi re to

ripta of the translation

to

t>e

B.14-17 In the po
I

Rothschild in Paris (see Kauf-

A FIHRIST OF SAADYA's WORKS


Jeremiah,
Ezekiel,

POZNANSKI
Ecclesiastes,

385
Ezra-

Canticles,

Ruth,

Nehemiah, and Chronicles.

Yet there are


I

citations

from

him on almost
in detail.

all

these books, and these

wish to examine

Joshua:

Kimhi on

8.32,

probably derived from Ibn

Ezra on Deut. 27.1 and certainly not from a commentary

by Saadya
Judges:
section

ad. loc.

(see

RE J.,
6.39
is

LXXII).
derived from the Amanat,
213; second recension, ed.
p.

Kimhi on
(ed.

VII

Landauer,

p.

Bacher, Steinschneider-Festschrift,
109).

102;

ed.

Slucki, p.

Fuchs (ipinn,

I,

167) believes to have found in the

Bodl. a fragment on ch. 17-19, but he himself considers

Saadya's authorship doubtful.

Samuel: Ibn Bal'am on


Mitt.,
Ill,
n.

28

(in

Harkavy's Stud.
first

u.

20),

II

6.13,

21.1.
is

The

passage conin

cerning the conjuring of Samuel


28.24; in

found also

Kimhi on
51); in

Menahem

b.

Simon
18.11,

of Pdsquieres on Ez. 17.13


p.

(communicated by Barol, Menahem ben Simon,

Bahya
of

b.

Asher on Deut.
(see

and

in

Abraham

b.

Solomon

Yemen

H.

B.,

XX,

40) and

it is

derived either from

Saadya's commentary on Gen. 3.1 or from any other of his


writings, or finally

from one of

his responsa. 60

The second
is

passage contains Saadya's explanation of

Nna and
"?y

no

doubt derived from


n.

his

commentary on
third,

Is.

1.11 (see above,


~]bor\
.

51).

Finally,

the

beginning:

"70m

*pj "7Npi
"i^N
in

n^DD^N nin

^"r ]isj

myD

3-1

pinys.

.nt^u'so
(likewise
b.
1

m'j

Vnp'i hdVd'I jruirr


ad. loc),

'n^rv ]

in p

ri

Kimhi,
0

was found, as we learn from Isaac


1

Ibn Ezra on Genesis

3'm n'raea
'131

-m

-\vba pi

3.1 says: Tin ]W U^ -n3nn "VIM |1W N'lyD 21 --X' ran vb pnNn on mn a ioi ? -posn na^ Dita dn a njni

p bumv 21 vby (comp. also the detailed commentary ad loc, ed. Frio. 11 inder where JIMH is found). Now Hai in his responsum to Kabes (nD/Z> TwTVp, p. 13.79) treats not only of these two matters, i. e. the speech of the serpent and Balaam's ass, but also of the story of the witch of Endor. Hence Saadya likewise could have treated of the last story, alongside with the first two matters, either in the commentary on Gen. 3.1 or in any one of his treatises, like Samuel b. Hofni, who discussed it in his work on the abrogation of the law (jns^N ^d: '3 nSMTD '>), or like Hai
'jsn
p. 38,

who

did

it

in a

responsum.

See also above,

n.

43.

386
Samuel,
40).
in

THE JEWISH QUARTERLY REVIEW


Saadya's commentary on
the

mxn
14.45

(see above,

n.

From

commentary on

this
I

section
;

must have
ns,

come

also the citation in

Kimhi on
(I

on the other
"irv

hand, the explanation of pro

21.9) as yirh (see

No. 88) must have been derived from one of the Gaon's

grammatical works. 61

Saadya therefore never commented


(/.

on the books of Samuel, and accordingly Fuchs


not have found his commentary on
I

c.)

could

3-9.
in -\w

Kings:

The explanation
36.2; that in

of

nnj "^m

ns, No.

158, does not refer to II

Kings 18.17

(so in ed.
I

Lippmann),

but so
s. v.

Is.

Kimhi on

18.37

(= Dictionary,

-iiin)

is

derived from the Amanat, end of section IV


also expressly cited

(p. 164),
s.
v.

and

from

this

work by Parhon

nnD.

As

to the citation

from Saadya's m^ya


II

n~\v
it is

in

Abraham

b.

Solomon on

2.9 (II. B.,

XX,

39),

still

subject to investigation.

Jeremiah

From

the treasures of the Cambridge Ge-

nizah Hirschfeld has edited a fragment which he entitles

"Introduction to Saadyah's Translation of Jeremiah(?)"


(JQR., XVIII, 317-325; see Eppenstein, Beitrage,
n.
1).

p.,

80

But even admitting that the fragment comes from


of the passage:

Saadya on account
nvN -TDsn
prove that
tations.

^xnVn pin

nmtp K03

'jyN "rnyrrVN
it

a^ro

s, still there is

nothing to

belongs to Jeremiah, but rather to


citation in the criticism of

Lamen-

The

Dunash, No. 89

(on 49.25),

may have

been derived from a grammatical

work

of Saadya, bul the explanation ibid, of Ps. 16.6 does

not agree with the translation of the Gaon,

who

construes

n^m
The

in the sense of' n^m (seemy Moseibn

Chiquitilla,p. 162).
to the ten pairs
<>|

citation in

Kimhi on 17.12 belongs


above,
n.

verses mentioned

21,

and

is

therefore derived

from the commentary on Exodus.


'

Of the three citations


I

Com <riiiiiK
d,

~irv

nee

No. 60, when


n.

the explanation oi PTOWl

Sam.

9.7

i.

ontaim

urthei below,

64.

A FIHRIST OF SAADYA's
in the

WORKS
b.

POZNANSKI
first

387

commentary

of

Menahem
/.

Simon

(on 1.5,6, 51.11;

communicated by Barol,

c, p. 50) the

could have
33.
12,

been derived from Saadya's commentary on Ex.


the third from one of his grammatical works.
of the second
is

unknown

to

me

at this

The source moment, but is this


the existence of a

one passage

sufficient to base

upon

it

commentary by Saadya on Jeremiah?


mains also Saadya's translation of

Unexplained

re-

Jer. 2.22,

quoted

in the

Responsa
ni'bp

of Isaac b. Sheshet, No. 35:

b"i

myD

]iKjm
(see

Hint?
1.

VsD^Nn
2-4),

n^D) ] -irua 'Dn^n dn


all

nnn mpn

Usfd 470,

which after

points too plainly to a

translation of Jeremiah

by Saadya. 62
altogether clear citation in the
-irr

Ezekiel:

The not

cri-

ticism of Dunash, No. 118 (comp.

nsc, No. 90), ac-

cording to which -QN Ez. 17.3


32.11, does not
kiel.

is

equivalent to n~i3N Deut.

have to come from a commentary on Ezein

Both quotations

Kimhi (on

14.9

and

18.6) are de-

rived from the


in

Amandt
Merx

(p.

160, 260).

As

to the citation

Menahem

b.

Simon on

13.17, see above.

Canticles:

claims

to

have

edited

Saadya's

translation of this book, together with a small fragment of

the commentary, from a Yemenite manuscript of the British

Museum, No. 150


the translation

{Die Saadianishe Uebersetzung des


etc.,

Hohen

Liedes in's Arabische


of' 7.2,

Heidelberg 1882), and indeed


is

which

found here,
the
.

is

quoted

in

another Yemenite manuscript


p.

in
.

name

of

Saadya

(see
. .

27:

-pN-nN rrnyo

U3~i

rnDs

.D'uVn ids "paT 'pinn.

nn^ND rrsNJ^N).

Yet

this citation
in

would only prove that

the translation was considered

Yemen
it

as the

work

of

Saadya, though on the other hand


it

must be admitted that


characteristics
(see

exhibits

indeed

many Saadyanic
.

Bacher,
Still

ZATW.,
we add

Ill, 202ff

G. Loewy, Magazin, X,
this question

33ff.)-

more complicated does


should
1TVD"V |D after

become through
in
I.

Or
list?

nN^NS^Nl

(not

n^NXNB^ND

15 of the

388

THE JEWISH QUARTERLY REVIEW

the consideration that Joseph Ibn 'Aknin expressly mentions

a commentary by Saadya on Canticles,


is

in

which the Gaon


its
its

supposed to have explained this book according to


according to

external sense, philologically, as well as

inner sense, following the talmudic construction.^

Ibn Ezra quotes

in the "in'
4.8.4

DSP, No. 60,

Then an explanation by

Saadya on Cant.

Is it

not possible that there existed

already at an early date an Arabic commentary on Canticles


attributed to Saadya, in the

same way

as

we

find such a

one
1.

in

Hebrew?

or should

we supply

in the list ed.

Mann
inter-

19, also 'Wint^rr '33

n^o

after

DH^n

~tp,

by which, how-

ever, the succession of the biblical

books would be

rupted?
Cant.
2,

Fuchs

(/.

c.)

claims to have found a fragment on


is

yet he himself

doubtful about

it.

Ruth:

Of the two translations

of this book,

which

Peritz has edited (Berlin 1900), one belongs to Yefet b. Ali;

the other
(see

is

anonymous and has nothing


134).

to

do with Saadya

ZfHB., IV, 167; VII,


des R.

The

citation in
d.
'")

Tanhum
Kohelet-

Yerushalmi on 3.13 (quoted by Eppenstein, Aus

Commentar
(Jud.
9.33)

Tanhum
1

Jer., p. 5)

imyD
bipn

nqni--b"xi

wnwn rnrj npnn

m
1

p*7N
]N,

"7-rriDSD

ddpVn yi^D lyn N

ipn 'DD nV

may

be derived from

any passage where


Ecclesiastes
:

"lpn occurs.

printed

Hebrew commentary on
of

this
is

book, which

is

attributed to Saadya (Husiatyn 1903),

an

extract from the Arabic

commentary

Solomon

b.

Je-

rohum, see

my

paper

in

MGWJ.,
1.

LI,

718-732.

That the

citation in Abulwalid, Usui, III,

4-13, might

come from

Saadya's commentary on Ecclesiastes, as mentioned by

See
'idi

(in-

wording

'"

Steinschneider, Cat.
iniDDi fiTOD jiton "ion
ting).

Bold.
'-iibti

2186.

K'nn"? ]'N

mwni

In ed. Schrflter thi


v;

In hi

commentary on
|

(comp. also gimbl, s. v. tw. 2.1 Ibn Ezra says:


a -d |iim
"TITl,

dhh
i)nt

npan.

mil rbV piDsno rrn warn ]wbn nnn wn inn sin 3 iiii- ia not Saadya, who > di Prov. 7. is by
i

on ed.
16:

Danan, however, who


19,
1.

eem

and indeed the D'JUamo "inn (set \taga fit, V, 126). Saadya Ibn to have drawn upon ibn Bare, replaced it l>y Saadya.

--p-in

de^n

2H';b

mn

rniJ

rab ]"0

inn

D'aiu '3

hdd

V'r

myD

''311.

A FIHRIST OF SAADYA's WORKS

POZNANSKI
p. 92,

389
is

Bacher (Leben
likely.

u.

Werke

d.

Abulwalid,

n 15),

not
of

It

might rather come from some other work

the Gaon.

Fuchs

(/.

c.)

claims to have found a passage


in Isaac

from Saadya on Ecclesiastes


fragment on chapters 2-7
are doubtful. 6 s

Gaon's

ry

HDD and a

in the Bodleian,

but both these

Ezra-Nehemiah:
rrnrYJI, I, 6),

According to Griinhut (Kiry pits


these books
is

the

commentary on

alluded to
(ed.

towards the end of the seventh section of the Emunot


Slucki, p. 129) in the words:

pito ntmaa
496)

maw

nn im

nhVn

n-a

nTay nVaa. But he overlooked


(Cod.
Bodl.

the fact, to which


called

Steinschneider

had

attention,

that Saadya here simply points to his earlier deductions


in

the same section (ed. Slucki,


said:
p.
'iai

p.

122).

Otherwise he

would have
hut
(I.

mns PTVsa

"marc?
III.

no Kim.

Griin-

c,

23-27; D'Dip^n "1SD,


p.

9-12; f]ona, ed.

Rabinowitch,

137-143) endeavors also to prove that the

commentary on
Saadya Gaon, but

Ezra-Nehemiah,

ed.

Mathews,
66

whose

author undoubtedly was called Saadya,


his

is

the work of

deductions on this point have long


e. g.,

since been disproved (see,


this

pan,

II, 103).

To be

sure,

commentary' was ascribed to the Gaon also by some

medieval authors, just because the

name

of the author

is

Saadya.

Thus by Zidkiah
it

b.

Abraham, who quotes a


ana
"?"2? "|i3

passage from

with the words:

myD

trail

ptsp
f.

N~iry -isd '>sa

(upbn

'VatP, ed.

Buber,

284; N'jn,

102b;

Oeuvres de Saadiah, IX, 160, Xo.


of Urbino's nyio ^n,
s.

79),
in

then

in

Solomon

v.

pir,

and
1

a marginal

appeared in Jerusalem niyi33 nD53 Gimp ? O'jnW ttOVi 070 (sic!) y"a' oinn ( rn^a n"?np nn d'tbti tip maoai -sits (aBut the translation 131 BPn ny DBt: vhv b"; ]MQ nnyD U'31 bv 'any (44 leaves 4). of Canticles is identical with ed. Merx, that of Ruth with the anonymous translation ed. Peritz (not without important variants), that of Ecclesiastes finally with ed. Loewy, which is the work of Isaac ibn Gayyat. Oxonitnsia Commentary on l-'.zra and Nehemiah by Rabbi Saadiah (Anecdota The same commentary was edited again by Berger in the yap I. 1), Oxford 1882. T *7y 1896-97 under the name of Benjamin b. Judah.
In 1911 there

TDsn o

b"zi "eh-

390

THE JEWISH QUARTERLY REVIEW Meor 'Enayim, where

note on de Rossi's

myD
p.

iran

is

named

as the author (see In

Mathew's Preface,
responsum

VIVII).
Ginzberg
3.3,

Chronicles:
(Geonica, II,

gaonic

ed.
II

16-18), which has reference to

Chron.

we read towards
nVna

the end:

dvs 7N ]Mon
1

13

[ny]a

nr nail

rnyta 'nh ':>r,but

the responsum
it

is

too fragmentary to

enable us to draw from


in the criticism of

any conclusions.
177,

The

citation
II

Dunash, Xo.

with reference to

Chron.

30. 18-19, belongs to the ten pairs of verses

quoted

several times above

and

is

therefore derived from Saadya's

commentary on Exodus.
15)

In the

commentary
on
I

ed. Kirch-

heim are quoted explanations


1.

of Saadya's

2.52 (p. 14,

and

8.7 (p. 27,1. 19) 6 ?,

but from the passage to 4.18

(p.

18 below):

d ,!7H3 D'nsn rupoi

Nipo ^yn iNivp 'tmi


the conclusion might

"nvs^N

myD 31

oa^im

ir

no'^a

inx'

be drawn that also the other explanations were contained


in

one of Saadya's epistles to Kairowan.


I

Perhaps also
b. Barzillai's

Saadya's explanation on

Chr. 7.15 in Judah


is

commentary on
for

the Sejer Yesirah, p. 63,

derived from
is

one of the Gaon's responsa.

Undetermined
(II

the source

Saadya's explanation of nDX


1.

Chr. 3.15) in Abulwalid


s.

{Usiil 619,

7;

hence

in

Kimhi's Dictionary,

v.

nsx),

but

all this is

not sufficient evidence for the existence of a


Chronicles, which
is

commentary by Saadya on
tioned expressly anywhere. 68

not men-

Thus

the material which


list

have brought together here

confirms the data of the


that Saadya

published by

Mann,
of

to wit,

commented only upon the books enumerated in thi> list. Though the source
tations from the
citation
'131

of the Bible

some

ci-

uncommented books may


(p. 15,1. 11):

not always be

on

1.1

ivbj

]M<:

myD nro

trvs '^NHlon
i

ont bzn

r l^e
1
i

TDW remi b^ Tn bvb nan imntnrTW,


still

<lin verse In Chronicle*,

leas bo the
':ki ]in

anoN ? ona-rn torn ?


:

i;poyn:

mrw
b.

passage p. nyos' N^r


p.
<l.

does not refa to the orrespon36 in-low: jrniP nnyo3n pNin .TOW n'33 tdk o*T3"l sn'rn

K.Hitni.iim

on Jthudah

Bartillai,
Liter.

See also Steinschneider,

irab.

335 below). Judtn, p. 67,

No

A FIHRIST OF SAADYA'S WORKS


traced,
it

POZNANSKI

391

is

necessary to observe that Saadya, as we have

learned from the

commentary

of Isaac b.

Samuel ha-Sefardi,

explained sometimes even whole chapters of the Bible as


excursuses at the
first

opportunity that offered

itself.

Unview

explained remain only Jeremiah and Chronicles,


of the fact that Isaac b. Sheshet, or

in

more

precisely Joseph

ibn Aknin, expressly mentions Saadya's translation, or rather

commentary on

these books.

Let us hope, however, that

also here

new

discoveries will throw light on the

mooted

question.

In between the biblical books mention

is

made

also in

the
.

list

of

sermons without number (o'?...rny DNBn"n


Until now Saadya has not been The form rusPN~n occurs also in the

.NrrxnN), probably, as stated above, because they were

built

on

biblical texts.

known
list

as a preacher.

of

books

ed.

Bacher (REJ.,

XXXIX,

200, No. 4.13.


is

39.42.44)

and
No.

also elsewhere.

Another form

tpntf-n

(ib-

XL,

56,

4).

As an appendix
of a nb

to the biblical books

mention

is

made

-nn

'Jiotfn '33

rbyo, hence the Aramaic di3VB3n rbin

probably translated into Arabic, with a preface;


identical,

no doubt
'33

as

Mann

rightly

assumes,

with

the

nbm

moan

n^o, Nmyoi ^inspn, quoted in lists of books from the Genizah. The Aramaic original is cited by Saadya (n^n ~1SD, p. 151, 1. 16), who considers it as
,

N:naK>n '33

the work of the five sons of Mattathiah, hence

its

mention

together with the biblical books

6'

and hence

also

Saadya

esteemed
sess

it

highly and rendered

it

into Arabic.

We

pos-

an Arabic translation of
(in

this Megillah,

which has been


1-6; a

published

Hirschfeld's Arabic Chrestomathy,p.

fragment also ed.

Abrahams

in

Kaufmann-Gedenkbuch,

see the citation from

" Xissim placed our Megillah even within the rank of the 24 books of Scripture. his Ma'asiy.it in Harkavy (Steinschneider-Festschrifi, Hebrew division, p. 19; JQR.. XI I. 543): 'NJOETI ja n"?)01 inDN nVn bfl? fflO in N"3 'ID.

392
p.

THE JEWISH QUARTERLY REVIEW


119-120).
Is
it

Saadya's?
S.

From

the fact

now

re-

vealed the doubts of D.

Margoliouth (JQR., XII, 511;


ib.,

XIII, 158; see the refutation of Harkavy,

XII, 953)

may
Arab.

be said to disappear.
Lit. d.

Comp.
Xo.
33.

also

Steinschneider

Juden,

p. 277,
(sic\).

II.

riNi^oVN

1HD
that

This book
aiiiVx '3

is

mentioned

in

the
I

list

once more as

nsV^N

(see further below).

conjecture

now

by the "IHD are meant the Hebrew

prayers and piyyutim composed by Saadya, in contrast


to the prescriptions concerning the prayers, which passed as a separate work,"
It is

noteworthy that

in

list

of

books from the Genizah

ed.

YYorman (JQR., XX, 461)

mention

is

made

of a

NnmKn

myD

i:n~i

nsV^ and a

mc

rn[yD

ia]n n

nsV^.
religious-philo-

III.

nxJHax^s nxro, the well-known

sophical work. IV.

Of the halakic works the following are mentioned


l

(1) riN"TNnB>

7N n sro,
k

"Book

of Testimonies".

The

full title

was:
see
1.

p^rno^N!

jin-ini-ib^n
,
,

nVy

'd

(JQR., XIII, 55, Xo. 78;


'o

ib.

329), or p ns iDb\xi

nNiNnt^N

(REJ.,

XXXII,
1

127,

9),

hence "concerning testimonies and contracts".?


in
.

beginning
Bodl.
"?"r

JQR., XVI, 299; a fragment perhaps

in

The MS.
"irji

2760 13

Concerning 'tndo rrsi nsixn^^s its


see above.

myD "un~iV
/.

Comp.

also in addition

Eppen-

stein,

c, p. 120.

(2)

y'N-n'rN axro,

"Book

of

Pawns",
asnn
':>,

see Saadyana, ed. Shechter, No. XI,

where the
/.

full title is

nym^
.

DNsnx."
is

Comp.
to

also Eppenstein,

c.

(3)

.Vh

probably

be completed
for

into

[rriNiDJ^N

"Book

of

Inheritances",
in

this

book, which has been

published

the Arabic original with a Ik-brew translation


i

In

tin

Genizah

mention
'rQ
(ib.,

is

fM?\H 3U1
n.
3.
I

55,

made Mo.

of a

m>D 1

"ITTD
122,

91).

Arc the various

ostein, BeitrOgt, p.

fragment
In

dlaendei

the

Ived from

UGWJ., IA

A FIHRIST OF SAADYA's WORKS

POZNANSKI

393

by

S.

Horovitz

(in Oeuvres,

IX),

is

one of Saadya's larger

halakic works and hence quoted independently.


r\~\'^

m^n

(4)

TDsn
p.

is

quoted under

this title also in

Amandt,
is

37

(see there note 3).

Owing

to

m^n

this

book

classed

with the halakic works.


collective

(5)

^nipd ym nxm,

therefore a

volume

of halakic writings,
size
is

which no doubt on

account of their small

were united into one volume.

Perhaps
JTN-igj^n

this
is

volume

meant whenever Saadya's nsnn

quoted, so in Ibn
,

Nedim

in the Fihrist

and

in

MS.

Bodl. 2828 2

and perhaps the

full title
is

of this

volume

was rryaD^K y'N-i^N ^snn 3Nra, which


Ibn Ezra
writings
(a)

quoted by Moses

in his poetical treatise." Of such small halakic by Saadya the following are known by name:

rmnn "concerning

gifts"
d.

(Steinschneider, Cat. Bodl.,

2161, No. 4; Arab. Liter,

Juden,

p.

48, n. 4);
in

(b)

's

xan^

"concerning usury", the beginning


/.

JQR., XVIII,

120 (see Eppenstein,

c, p. 119, n. 7);

(c)

rimy "conp. 49,

cerning incest"; Steinschneider (Arab. Lit.


n. 8)

d.

Juden,

doubts the existence of

this treatise, yet see


p.

my

The

Karaite Literary Opponents of Saadiah Gaon,

98-99,
to be

where the citation


added:
all

in

Ibn Ezra on Lev.

18.21

is still

'im rn^yo n:nw

hy

*)iN:n

not* jitom; at

any

rate

the involved passages


to Lev.

commentary
ed.
list

may be derived also from Saadya's 18; (d) mnBI nNniD "concerning unis

cleanness and cleanness"

mentioned

in

the

list

of books

Bacher {RE J.,


also a

XXXIX,
mJ
JTD^n,

200, No. 13), then in another


(see

mfiBl rmoiB nxrba


9);
(e)

my

Schechter's Saadyana,

"Laws concerning Menstruation", is cited by Saadya in his commentary on Yesirah (ed. Lambert, p. 43:) mj mxo ~ion 'b Himw KD31....
p. 21,

No.

According to Steinschneider

(/.

c, n. 7) this treatise
in

must

have formed a part of the one preceding, yet


burg manuscript the end of our treatise
Which should therefore be distinguished rvy3D, which will be mentioned further below.
'

a Peters-

in

Arabic appears
y'RIB^K '^y DK'p^K
'D

from the

394

THE JEWISH QUARTERLY REVIEW


I,

separate (see a~ipn,

63);

(f)

in the

same manuscript there


"Rules

follows immediately the beginning of riB'ntP n\D7Tl,^


for Slaughtering",

which are named also msia^N 3Nro and


extant also a

of

which there

is

compendium

(-irrbo); the

extant fragments are enumerated in

my

Schechter's

Sa-

adyana,

p.

18, to

which must be added, besides the above-

named Petersburg fragment, also MS. Bodl. 2854 7 (ma^n b"\ |inj nnyo 'lb rnsrbo nB'ntP) and a not yet catalogued
leaf

from the Genizah


dni

in the Brit.

Mus., beginning with:

na'DD^N

wtd

*p3!en

'vw niaVn

"pxn 'nm ")Da

^n

'B 'DVS^N (exactly as in MS. a in Oenvres, c., p. 121; XXXVII). Comp. also Eppenstein, IX, p. (g) itdn^o nuN "VDsn, "an explanation of the kinds of

DnV'rN h'SKn

I.

work prohibited on the Sabbath", quoted in the list of books ed. Bacher, No. 28; was it a treatise or an explanation
of section YII of tractate Shabbat?
I.e.,

(comp. Eppenstein,

p. 119);

(h)

rmrD rmna nymNi onpy^N 3Nro, "con-

cerning the 24 gifts to the priests", comp.

my

Schechter's

Saadyana,
a
treatise

I.e.;

component part thereof formed perhaps


orb
.

concerning D"3sn
is

The

methodological

work ^jin^N 3ND3, which


ed.

mentioned

in the list of books


I,
I.e.,

Bacher, No. 28 (see Ginzberg, Geonica,


II,

163;

Marx,

JQR., N.S.,

268 above; Eppenstein,

p.119.217),

and

of

which the commentary on the 13 rules of R. Ishmael


l"' tPTPfl
;

may have formed a part (nno


Freimann
here.
in

see Ginzberg,

I.e.,

162;

the Schwarz- Festschrift,

p. 109), hardly

belongs

On the other hand, Saadya must have composed many another halakic treatise, of which so far we have no
information

V.Polemic works: (l)iniD^


1 i

nirrJN yoa 3Nn3, "Proofs

inni

manuscript therefore might have formed likewise a remnant ofa collection


mil ill halakii
tr<
ii

volumi

idya
1

from tin Genizah {JQR., Mil. 55, No. 87) a D'JDn on ? 'ro ntioned alongside with the roo/N JiioD rHNpo to be quoted won, therefore also Vel lee the list ol i">k~. ed. Bacher, the formei ma) have had Saadya > author. No. (>. |*1 ."'; ;n pfayr r;r- zrht enpn inViip [TBI nm-'N^N atvo tb lfal (whal is the in addition REJ tin .ii ,90, and JQR., Kill, 330.
In
;.

list

..I

'..

A FIHRIST OF SAADYA's WORKS


for

POZNANSKI
This work
is

395

Burning Candles on Sabbath".

quoted

in a list of

books from the Genizah (JQR., XIII, 55, Xo. 78-87)


a'NiD *B
ib.

as

mD^N

n^Npn and
329).

is it

cited also

by Ibn Ezra on

Ex. 35.3b (see


to the

But
ib.,

did not form an appendix


245), and

r'on^N 3NrD (see


work.

X,

was rather an
yja'j]^

in-

dependent

(2)

*7N

"7ND3N

3Nro,

perhaps an anti-Karaite work against the methods of analogy


(DN'p, B"p*n),

hence something

like

[dnHp^n ^NDnN

'k

,3.

Thus

would

be

verified

Hirschfeld's

assumption

(JQR.,XMlll,

600ff,) that
it

Saadya composed such a book


his

and that he

refers to
(ib.

in

commentary on Ex.
Nr^y
nuni
s

35.3,

where we read
's

607,

1.7):p*-i33
Tity

p"?yn }D

on3Di

dn'p^n Vxtonx
1

n*;in

mpD^D

rnnNs
1

owphx
,
1

3Nro ?N
n
1

rryro
,l
"|

^y

m nm

ndd

i^n
,!

rpyoD ?^ y

s-iti> ?t<

""

ns^N H^K.
13*110

It

might then be identical with the

3N!"0

13311

?Nn n'yoD^s y^-it^N

?y -"DS'p^ [^nbsn]

*|DV

]3

myD
Comp.
Juden,

mentioned on the title-page of MS. Bodl.


Steinschneider,
p.

1533.
Lit.
d.

Cat.

Bodl.,

2165-67; ;4ra&.

50,

No. 13; JQR., X, 259; XIII, 328;

RE J., XXXIX,
Eppenstein,
/.

206;

XL,
110,
,
l

87;

my

Opponents,
n.

p.

97.99;

c, p.

and above

73.

(3)

nosps

-lU'y^N, no doubt the -iu y "'K 3ND3, which, as

now shown

by the

full title,

dealt chiefly with the maintenance of the

great antiquity of the current calendar, and

was directed
it is

therefore against the Karaites, for which reason

listed

among
in

the polemical works.


is

This book was known also

northern France and


(see

cited

by Rashi and Jacob


in

b.

Simson

REJ., LXXII.3)

Ibn Nedim

the Fihrist

has y-iNn'jN lm

luyVx

3Nr)3,

hence this book dealt also

with chronology, and as a matter of fact a "piNn^N 3Nro


(or
"-'-iN'in^N)

by Saadya

is

mentioned also elsewhere.

Comp.
76

Steinschneider, Cat. Bodl., 2170-72; Arab. Lit. d


Neubauer's Catalogue; on the other hand, in Munk, Notice by mistake, but at any rate 7NC33N is to be added. If the list ed. Mann, it might be best to read also there: 7NJ3N 'N 'J
is
'3)

So correctly

sur Saadia, p. 15. DN'p7N

there were space in

n'[yDD]7N y'N-|07N (or

'7J?

DN'p7N.

396
Juden,

THE JEWISH QUARTERLY REVIEW


p. 63,

No. 26;
143;

Geschichtsliteratur, p. 44-45; Bacher,

RE J., XXXII,
ib.,

XLIX,

298; LXII,
/.

158 below; Marx,

LXIII, 299;Eppenstein,

c, p. 112,

and

my

conclusions

in

JQR., X, 260, and ZfHB., XII, 122, No. 27. (4)ana


1

nsV^ ?^
title

min]"?x,

Saadya's prayer book, which under the


occurs also in a
list

riN^^N

aiil 'd

of books

from the

Genizah (RE J.,


55,

XXXIX,

200, No. 39,

and JQR., XIII,

No. 91; see also above).


the polemical works

Why
is

this

book was

listed

among

may

perhaps be explained by
well

the following suggestion.

As

known, Anan had


instituted
it

abolished the traditional

prayers and

Psalm

verses instead, against which Saadya, as

seems, published

a polemic.'?

book concerning the prayers like that concircumstance


not altogether

cerning the calendar, was therefore directed against the


Karaites.
clear, since
in

However,

this

is

Saadya

after all polemizes against the Karaites

most

of his writings.
off,

Here the memorandum breaks


gretted very much.

which

is

to be re-

mation

is

lacking in

As was noted already above, inforthe first place concerning some further
as

polemical

works,

such

were directed

against
the

tfiwi,

Anan,

Il)n

Sakaweihi, the

vorbx
~ibd,

axriD,

iiVx n^ro
his

"^DNnnnVN ^y, the D-iyion

the

work against Ben


such

Meir, and the 'l^an ~isd, which


later opponents.

was directed against


linguistic works,
1

Then we miss the


1

as the p-DN, rn

the

n*n^H

riJD

?^

I'ynD
1

tdsfi, the

polemic work againsl


other works.
the preserved

Ben Asher, and perhaps also some


lei

Nevertheless

us rejoice in the possession of

fragment, which offers so

many new
new
succeed
in

data,

and
gift

let

ns be thankful to the editor for the


us.

beautiful

which he offered
lisl

Perhaps he

will

sub-

stantiating this

through new discoveries so as to disstill

sipate finally the darkness


vrrv Illuminating artk

obtaining.
\

d 13
l<

to Allan's liturgy, see

now Mann'i

THE STATUS OF LABOR


ANCIENT [SRAEL
By MAYER
Si

IN

lzberger, Philadelphia.
Ill

We

paused at the end of the

last lecture at the con-

sideration of one of the series of laws laid

down

for Israel,

but which were gradually,


the
ger.

in

whole

or in part,

applied to

It

remains to treat of the rest of that

series.

Before
will

doing so however we cannot ignore the fact that we

over and over again meet with the ezrah, who, we have
already hinted, was not of

At a very

early stage of
ger,
if

Hebrew origin. Hebrew history, we

find the

law that the alien

he complies with a certain con-

1 dition "shall be as the ezrah ha-ares."

It is

necessary to
if

know what

the status of this ezrah


progress in the

ha-ares was,

we would measure the gers

Commonwealth.
was the
"one that
Israelite

The

versions generally agree that he


In the Pesah ordinance just
stranger

himself.

cited, they render ger


is

by

and ezrah

ha-ares,

by
in

born

in
is

the land," evidently meaning Palestine.


stated to have been handed

As the ordinance
Egypt,
it is

down

difficult to sec

how they could have adopted


in Palestine.

such an expression, since, up to that time, not an Israelite


of

them

all

had been born


It

The

difficult

not new.

has been encountered before and our en-

deavors must be directed to obtain as satisfactory a solution as possible.

There are two forms of the term: ezrah


Ezrah ha-ares occurs but three times,

ha-ares

and

ezrah.
is

while ezrah
'Exod. 12.48.

found thirteen times.

Of these thirteen

398

THE JEWISH QUARTERLY REVIEW


there are four, which are followed

instances,

by added

words, that
ezrah

may

be termed explanatory.

Once we have

mi-kem (the ezrah among you), twice we have ezrah


Yisrael (the ezrah

bi-bene

among

the children of Israel)

and the fourth time we have


in Israel).

ezrah be-Yisrael (the ezrah

The

versions

(A.V.

and

J.P.S.)

agree in

rendering

ezrah ha-ares

by bom in

the land.
is

In their translations of

the four instances in which ezrah

followed

by a

qualifica-

tion they agree in the rendering home-born.

For the nine instances


itself,

in

which the ezrah stands by

the King James version has seven variant renderings:


of your

Homeborn, once; one

own

country, three times;


in the land, once;

one of your own nation, once; born


of the country, once; born

born

once;

among the children of Israel, born among them, once. The English and American
in

Revisions and the J.P.S. version agree


ing the

uniformly render-

word by home-born
great probability
is
is

in all these nine instances.

The

that ezrah ha-ares

is

the original

form and that ezrah

merely a convenient abbreviation. important to fathom the origin

It is therefore specially

of this ezrah ha-ares.

One
which
it

noticeable feature

is

that the three instances in

occurs are

all

connected with the celebration of


festival.

the Exodus

the Pesah-nmssah
setting of

The
festival

historical

the

narrative
Israel

is

that this
to start
Israel

was ordained on the day that


of

was

on

its

journeying from the land

Egypt,* and that

did not go alone bul was attended by a considerable group


of

non-Israelites,

group which

must have been comIn

posed of Egyptians, whose discontent with conditiontheir native land, impelled

them

to seek a

way

out,

and

who

therefon
19,

resolved to

become proselytes and

to stake

51.

STATUS OF LABOR IX ANCIENT ISRAEL


their fortunes

SULZBERGER
Israel.

399

on the future achievements of

This

accession to their

numbers was probably looked upon as


Israel.

an advantage by the leaders of


the people
it

By

the mass of
if

positive aversion.

must have been viewed coldly Otherwise the fact would be


is

not with

inexplicable,

that this reinforcement

mentioned

in

the texts by two


rah 3

names, expressive of contempt:


both of which might
fairly

'ereb

and

asafsuf,*

be rendered

"the rabble."

That

so important an adjunct should have no other designa-

tion than these


it is

nicknames

is

barely conceivable.

When

remembered

that, according to the narrative, Israel,

though bound
territory,

for foreign parts, likely

had not yet

left

Egyptian

what more

than the thought of calling


of the land (Egypt)

these

non-Hebrew Egyptians, natives

(ezrah ha-ares)?

The only land they had

yet touched was

Egypt,

in

which they considered themselves outsiders,

and there could be no plainer contradistinction than between foreigners and natives (gerim and Moreover that so considerable a body of ezrah ha-ares).
strangers, (gerim) 5

men
then

should after the Exodus be spoken of but once and


in

contemptuous terms
of

is,

to say the least, strange.

What became
The one
full

them.

occasion on which they are referred

to,

is

of interest.

At an

early stage of their journey, the


its

Israelites

came

to think

hardships unendurable, and

practically revolted against the

Lord and against Moses.

There

is fair

ground

for believing that the brother

and the

sister of Moses, Aaron and Miriam, instigated the rebellion,


6 being jealous of the predominance of their eminent brother.

However that may

be, the

movement was

pretty general

among

the people.
it

When
3

collapsed,

the crowd realized that

it

had

blundered, and with the usual unfairness of crowds, sought


*Xum. 11.4. Exod. 12.38. *Exod. 22.20; 23.9; Lev. 19.34; Deut. 10.19; 23.8.
'Num.
12.1-5

400

THE JEWISH QUARTERLY REVIEW

a scape-goat to cast the blame upon.

The Egyptian

group,

being a minority, were, of course, fastened upon, and the


asafsuf were charged with having incited and misled the
people. 7

As has been
treat
it

said asafsuf

was only a nickname.


or their progeny.
is

The

versions

as equivalent to 'ereb rab, on the


'ereb rab

theory that they were the original

Rashi makes the same identification and so


opinion.

the general
is

The important implication of the narrative


in

that the asafsuf were of sufficient numbers and importance


to

sway the multitude

significance.

movement of transcendent And yet we never hear of them again.


a

Just as they unaccountably disappear, so do the ezrah


ha-ares unaccountably appear.

We

are not told whither

the former went, nor whence the latter came.

That they
is

must have been a group

of recognized importance

plain

from the fact that the ger are under certain conditions
to attain a position equal to that of the ezrah ha-ares.

The common
selves
in

notion that they are the Israelites them-

must have originated from the circumstance that


passages in which they are men-

fifteen of the sixteen

tioned, they are placed in collocation with the ger

and that

hence

it

was concluded that they were


and
if

in contradistinction

to the ger;

this

were

so,

the inference

was easy that

the ezrah was

Isr:
it

To

this theory, plausible as


if

seems, there are objec-

tions weighty,

not insurmountable.
is

Therein

is

the sixteenth instance, in which the ezrah

no

relation

whatever with the ger because the latter

is

not even mentioned.


In the Sukkot ordinance of Leviticus 8 there
is

a com-

mand
in

addressed to Israel

in

these words:

"Ye

shall dwell
"all

booths seven days," and, the verse goes on,


Israel
11
1.

the

ezrah in
'Num.

hall

dwell

in

booths," .ind the nexl verse

SI

MI'S OF LABOR IN ANCIENT ISRAEL

SULZBERGER
in
.

401

explains the purpose:

"that your generations

may know
." 9
.

that
I

made

the children of Israel to dwell

booths when

brought them out of the land of Egypt.


is

Here

the collocation

with Israel alone, and

in

order to identify
half of the
if

the two,

it

must be assumed that the second


first,

verse

is

a useless repetition of the


still

and even

this

were granted, we should


second
half, the

have to learn

why

in

the

whole body of

Israel should be

spoken of

as being "in Israel," an expression which clearly implies

a distinction of some kind between Israel and ezrah.

Doubtless

this

Sukkot ordinance originated

in

the

very beginning of the nation.

Hosea

in

the eighth century

B.C. alludes to the custom of dwelling in Sukkot as having


subsisted in hoar antiquity:
"I will again

dwell in tents, as in the days of the

make thee Afo'ed." 10 By mo


is

to

ed

he means the festival of Sukkot. 11

In the Deuteronomic

version of the Sukkot ordinance there

not a word about


so rooted in
it

dwelling

in

booths.

The custom was

the

habits of the people, that no mention of

was necessary.

In reciting the participants in the rejoicing before the Lord

on that

festival, there

is

nothing said of the ezrah who had


he
is

doubtless been so completely assimilated that

in-

cluded

in

the "thou" addressed to the people of Israel.


is his.

"Thy God"

They had become


between

one. 12
Israel

The implied

distinction

and ezrah

in

the Sukkot ordinance does not stand alone.

There are

three other passages which carry a similar implication.

One

of
1 -5

them speaks

of the ezrah
tell

mikkem

(the ezrah

among
hi -bene

you),

while the other two

us of the ezrah
4

Yisrael (the ezrah

among

the children of Israel).'

We

cannot,

in

the lace of such evidence, escape the

conclusion that the ezrah was originally a numerous body


'Ibid. 23.43.

'"Hosea 12.10.

"Brown-Driver, Lexicon, p. 417, sub voce Mo'ed lb; Deut. 31.10. "Deut. 16.13-17. "Lev. 19.34. "Num. 15.29; Ezek. 17.22.

402

THE JEWISH QUARTERLY REVIEW


finally entered into the

which

composition of
its

Israel,

and

that to render the word by Israel or


even.
7

equivalent, in

text in

which

it

occurs, will create error

and confully

fusion.

There was a time when the ezrah became

assimilated,

and at

this point the difficulty presents itself.

While the ezrah before such complete assimilation was not


identical with Israel, there

was a great change

after that
in

event,

and then the ezrah was sometimes included


Israel,

the

term

and at other times the whole

of Israel

was

designated by the term ezrah.

As the two kinds


is

of ezrah are externally similar,


is

it

not easy to determine which ezrah

in

any particular must be the

case meant.

The main

factor in the decision

context

an appreciation of the circumstances and a comresult


of

mon-sense conclusion therefrom.

The

such

an examination
in

presents

some
is

curious features.

Of the four cases

which the ezrah


is

accompanied by a qualifying phrase, there


that phrase
is

one

in

which

probably due to a scribe's error.

The

latter half of the fifteenth chapter of

Numbers
in

provides for the atonement of sins committed

error

(shegagah), and declares that, the proper ceremonies being

performed,
shall

"all the

congregation of the children of Israel

be forgiven, and the cer that liveth


respect of
16

among them;
it

for, in

all

the people (kol ha-'am)

was done

in

error."

The
.Hid

plain

meaning

of this

is

that the people of Israel

fthe 'Am) are composed of two elements, the Bene Israel

the

^er.

Of

tin

division of the
is

Bene

Israel into
yel
in

com-

ponenl

parts there

nol

hint

And
it

the

same

connection, a tru verses further on,


priest

is

provided (hat the


ezrah

shall

make atonement

for

"tin-

among

the

children of Israel, and the ger that liveth


i

among them: ye

m. 15.26.

SI

VTUS OF LABOR

IN

ANCIEN1 [SRAEL

SI

LZBERGER
in
is

403

shall

have one law

for

him

that doeth aughl

error.""'
to

And continuing
him
that
11

the theme, atonement

denied

sinneth with a high hand, whether he he ezrah

or ger.

There can be no question that the ezrah


this half

all

through

chapter
that

is

identical with Israel,

and the conclusion


of

follows

the added

words "among the children

Israel" in
elided.

the 29th verse are out of place and should be

The
ha-ares

three passages which


fairly

use the expression ezrah


Israel.

may
is

be counted as not referring to

There

a special insistence that the Pesah shall be celeall

brated "by
tion
is
is

the congregation of Israel" 18 and the institu-

of so earl}' a date

and the expression ezrah ha-ares

at that stage so inept to describe Israel, that doubt on

the subject

may
is

be dismissed.

There
noted.

however one circumstance which must be


the
ezrah

The whole chapter mentions


still

ha-ares

twice and while

dwelling on the same subject, once

introduces simple ezrah. 19


ha-ares

This can only mean the ezrah


Israel.

and cannot therefore be interpreted to mean


in

This leaves nine passages


be said to stand for
Israel.
its

which ezrah

may

fairly

An examination

of the context

confirms this view of

meaning.

These are the passages:


Lev.
16.29, relating to the

Day

of

Atonement.

17.15, relating to the prohibition against eating

nebelah (that which dieth of


18.26, relating to

itself).

the

observance

of

certain

moral duties.
24.26, relating to the

punishment
of

of

blasphemy.
for
ger

24.22, establishing

uniformity

law

and
"Num.
15.29.

ezrah.
15.30.
ls

"Num.

Exod.

l-'.47.

"Exod.

12.49.

404

THE JEWISH QUARTERLY REVIEW

Num.

15.13, relating to

meal
to

offerings.

15.29-30, relating

sins

committed

in

error

(shegagah)
Josh.
8.33, describing Joshua's audience.

The
is

result so far

seems to be that the

earliest

mention
not yet

that in the Sukkot ordinance, in which the ger


of,

is

thought

and

in

which the ezrah

is

viewed as distinct

from the body of

Israel.

Ye

(addressing Israel) are com-

manded

to dwell in booths, to

which there

is

the significant

addition that "all the ezrah in Israel shall dwell in booths."

This points to a time when the ezrah had reached the stage
of believing himself to be an essential part of all Israel,

but had not succeeded


that fact.

in

convincing the bulk of Israel of

The
in

ezrah, at this

mo

ed period might logically


its

urge that he had accompanied Israel on

travels

and

had

to dwell

booths

like the rest.

Why

then should he

be excluded from the celebration of that experience?


all

At

events any effort at such exclusion was ineffective,

made

so

by the specific ordinance not only allowing but commanding him to dwell in booths at the Moed.

When we meet him


There
is

next he

is

far

advanced on the road


reached the goal.

towards assimilation but has not

finally

no longer a question about

his right to celebrate

the Pesah.

That

is

assumed 20 and though there are a few

later instances in

which the distinction between him and

the Israelite
ezrah
is

is

recognized, yet this soon ceases.

The word

not even mentioned by any of the prophets from


Ezekiel
in

Amos down save only by


of
in
it

one text and his use


It refers to

is

merely literary and oratorical.


is

no one

being but

vision of a finer future based on past

histoi

The change

in

the

meaning

of the

word was
in

in

con<>t

formity to the genera] law thai


*>!.-

mutations

the

life

17.22.

STATUS OF LABOR IX ANCIENT ISRAEL


the
ing

SULZBERGER

405

body are
it.

reflected in the career of the

words designat-

The mode

here adopted

is

not new.

The

investigators

of ancient times encountered the of them, at least,

same
in

difficulties

and one

treated

them

a manner somewhat

analogous.

About eighteen hundred years


(called the Peshitta)

ago, the Syriac

Targum
in

understood ezrah to mean Israel


It

eight of the sixteen passages.

can scarcely be a mere


list

co-incidence that seven of these belong to the


Israels given

of nine

by

us; the eighth

(Num.
It is

15.29) counted

by

us

is

excluded by the Peshitta.


is

however not rendered

by any other word, but


theory that
its

passed over evidently on the


in the text, while

presence

is

due to an error

our ninth (Josh. 8.33)

may

well give rise to

two opinions,
Israel.

though on the whole we prefer the rendering

The
were

Peshitta's eighth Israel

is

Lev.

19.34.

This

is

one of the four passages from which we infer that the ezrah
originally

separate,

non-Israelite

group.

The
is

Peshitta shies at such an inference but nevertheless

unable to find Israel


tically elides the

in the

other three and therefore pracIn this instance, how-

word from them.

ever,

the terrifying qualification in Israel, or


is

among

the

children of Israel

lacking.

Instead of an objectionable
it

noun there
is

is

only a pronoun, mi-kem (among you) and

encouraged to render the ezrah among you as

Israel.
If

Needless to say in such reasoning we cannot concur.


the Peshitta were right
its

translation

would read, "the

Ezrah

(Israel)

among yon

(Israel).

The

other eight passages which the Peshitta did not


it

render by Israel

treats in three ways.

In four
in

it

rendered

by the equivalent of yoshebha-ares (dweller

the land), in one

by 'Amora, and

in

the remaining three


if

it

ignored the word

and translated the sentence as

the word were not there.

406

THE JEWISH QUARTERLY REVIEW


While we

may

not agree with the Peshitta's procedure,


is

its

outstanding feature

the recognition of the fact that

in half the instances of its use, the

word

ezrah does not

mean Israel and it is therefore in advance of most moderns who seem to have sensed no difficulty in uniformly understanding
it

to refer to Israel.

Let

us,

however, examine

in

detail,

the

Peshitta's

treatment of these eight non-Israelite passages.


It

renders yosheb ha-ares four times.

Probably the
ezrah hain

rendering was intended to parallel the


ares.

Hebrew

The
and

latter

expression occurs
it

only

thrice

the
It

texts

of these three

translates one
in

by 'Amora.

renders simple ezrah by yosheb ha-ares


in

two

cases,

one

Exodus 12.49 which we have above concluded stands


and the other
in

for ezrah ha-ares

Joshua 8.33 where, as

we have above
exist.

stated, a difference of opinion

may

well

What
is

the Peshitta exactly

means by yosheb

ha-ares
I

a matter that deserves careful examination.


it

have

roughly conceived

to

mean

the conquered Canaanites,

whom we

in

this investigation,
If

have settled upon as the


is

ger of the texts.

this supposition
is

justified,

it

would

follow that the Peshitta's ger

not an important compact


of alien individuals

body

like ours, but

is

composed

who,

from time to time, leave their former surroundings and

become converts
There
In
is,
(

to

Israel's religion.

however, a clue to the Peshitta's meaning


it

Number )14

renders ezrah

ha-ares

not

by yosheb
is

ha-ares but

by 'Amora

The definition of 'Amora

given

as follows:

"Workman
ha-ares,

[n Syria the

workman

is

called

Amora
of yosheb

As the Peshitta uses 'Amora a- the equivalent


il

3eema
.-./

fair

to infer thai

it

views the conquered


Di

n\ f i..

Chaldttisehes

Wdrlerbuch by Prol

[acob Levy, vol.

3,

STATUS OF LABOR
Canaanites as
but
calls

IN

ANCIENT ISRAELSULZBERGER
of laborers, just

407

body

as

we have done
it

them

czrah instead oiger.

And

this czrah

seems

to look upon as a body completely assimilated to Israel

at the earliest period of the nation's history.

In short

it

knows
Israel"

no real distinction

between "the congregation of


of the Passover ordinance.
it,

and the czrah ha-ares


is

The

ger of that ordinance

for

a casual stranger
like to

who

has imbibed the notion that he would


convert to Israel's religion.

become a

The

three passages in which the Peshitta refused to

translate the

word

ezrah

must have given the Targumist


his plain

infinite trouble.

He knew
its

duty to be to transfer
In the Passover

the original text to

Syriac equivalent.

ordinance he had gone so far as to recognize the ezrah's


incorporation
in

the

body

of

Israel

and

in

these three

passages he was met by expressions which differentiated

between ezrah and

Israel.

The

notion that circumstances

and therefore laws might have changed, in short that the Hebrew nation like others had been subject to the law of
development, was to him not only inadmissible but impossible.

For

him

the

Canaanites

the

ezrah

when
law

conquered, immediately became attached to

Israel's

and

religion,

and were indistinguishable from the main


and,

body.
Instead of solving the difficulty he evaded
curiously enough, in
favorite
text
of
it,

doing so he practically adopted the


of dealing with obstacles in the

modern method
the

Bible

namely,

textual

criticism.

He may

not have been fully conscious of the audacity of his procedure, but he none the less corrected the text by practically striking

out the disagreeable words that bothered

him.

Notwithstanding the impossibility of agreeing to


of his views,
it

all

has been a source of gratification to find

408

THE JEWISH QUARTERLY REVIEW


reach conclusions with which, in the

this early scholar

main,
In

agree.

modern times too there have been

dissents from

the current notion that ezrah always means Israel.


Professor Reggio. of the Rabbinical College of Padua,
Italy,
I

makes the following remarks on the

subject:

have explained to you the meaning of ger toshab


I

and
to

ger sedek.

now come
live in a

to ezrah.
in

This term

is

applied

all

those
in

who

country

which they have been


settled,

born and

which their forefathers have been

no

matter to what people or religion they belong.


sense
tion
it is

In this

the opposite to

ger.

A
is

clear proof of this explana-

is

the fact that the term


still

used for trees and plants

which
(see

stand on the ground on which they have grown


37.
35).
is

Psalm

Similarly

Kimhi

in

his

Dictionary

says that the ezrah


ingly
I

the old inhabitant of a city.

Accordin Pales-

believe that the Canaanites

who remained

tine after the conquest of the land

were called ezrahim.

Wessely's statement (on Leviticus 16. 29) that ezrah only


refers

to

Israelites,

as

many

rabbinical statements also

seem

to imply, sounds very strange to

me, since

many

verses do not bear this interpretation (see e.g.


9.14).

Numbers

After the

Israelites

came

to

Canaan the people


level

were compelled to accept the seven Noahidic command-

ments and then were considered on the same


ger toshab, the only difference being that they
in

with

had remained

the country.
a

Il

they were fully converted they would


l

be on

plane with
t<

he ger

scrfek.

'

Needless
says
in

say

do

not concur with


it

much

that Reggio
to cite

this

note, bul

consider
In-

important
lie

him

because, greal scholar as


general rendering
ol

was,

could nol accepl the

our word
facts

ezrafy.

For

all

ol

tin

concerning the
1,
I,
I

Peshitta,
8.

am

Mi), vol

etter

STATUS OF LABOR IN ANCIENT ISRAEL SULZBERGER

409

indebted to that great authority on the Syriac Targum,


the Reverend

the work

in

which

Doctor Chayim Heller, who, learning of I was engaged, generously sent me a


the subject of which
I

memorandum on
use.

have made
is

free

Needless to say that the Reverend Doctor

not

responsible for the opinions and conclusions derived

by

me

from the

facts.

are now ready to resume the main line of our disand to examine the remaining instances of laws primarily intended for Hebrews and subsequently imposed upon the ger.
course,

We

Immediately following the blasphemy statute with


the consideration of which
is

we ended

the last lecture there

laid

down a

little

code as follows:

He
death.

that smiteth any

man

mortally shall be put to

He
life

that smiteth a beast mortally, shall


life.

make

it

good,

for
If

man maim
it

his fellow {'amito)

as he hath done,

so shall

be done to him: breach for breach, eye for eye,

tooth for tooth; as he hath

maimed a man,

so shall

it

be

rendered unto him.

He He
Ye

that killeth a beast shall


that killeth a
shall

make

it

good.

man must

be put to death.
of

have one manner

law as well for the ger

as for the ezrah. 2 *

One may
as
ger

fairly

ask

why

should such a monstrous crime

murder be denounced

for ezrah

(meaning

Israel)

and

for
it

when the

general law governing Israel had

made

capital crime in terms that could not be misunderstood.

possible explanation

may

be that

in

the early times,

the ger had certain

community

privileges,

among them

the right of judicial cognizance of crimes committed by


-<Lev. 24.17-22.

410

T HE JEWISH

QUARTERLY REVIEW
themselves, and that the enact-

their

own members among


in

ment
the

question contemplated the gers assimilation to

Hebrew community and abolished such separate


Israel's

jurisdiction, so that like the Israelites themselves, the ger

would be answerable to

judicial

tribunals

an

enormous step
In this

in the

advance towards equality.

little

code the punishment for maiming was

according to the law of retaliation.


In view of the fact that the general principle of Israelite

law

in

case of personal injuries was otherwise, a question


this

arises as to the reason for

seeming

conflict of laws.

The

Israelite

law regulating the punishment for personal


of

injury

was the payment

adequate money damages for

the loss of the victim's time and for the cost of healing. 25

And

this

law was general, for


with the
fist,

it

contemplated not only


the heat of passion,
in

injuries inflicted

in

a quarrel, but also injuries caused by a dangerous weapon,


a stone, the use of which implies malice aforethought.

The

provision that

demands payment
is

of the cost of

healing implies that the injury

not permanent.

The maiming

of this

Levitical code evidently refers

to an injury which cannot be healed, such as the loss of

an eye or another member

human body. Such an injury is technically termed mum. Then there is the probability that among the crude peasantry of Canaan,
of the

the

infliction
<t

ol

such

permanent

injuries

was often the

purpose

the fighters, and severe measures were


t<>

deemed

necessary
in

overcome such
in

a habit.

It

may

be remarked,

passing, thai even

modern

times, there were places

among
this

the civilized nations, in which the gouging out of


fair

an adversary's eye was deemed to be


connection
a

fighting.

In

quotation

from Webster's Unabridged

{sub voce "Gouge")


i

may

nol be out of place:

|9

STATUS OF LABOR

IN

ANCIENT tSRAEL

SI

LZBERGER

411

the

"Gouge To force out, as the eye of a person, with thumb or finger (U.S.). The practice of gouging is said to have existed formerly
the interior of

in

some

of the Southern states,

bul

was

never known elsewhere, except by hearsay (Bartlett)

Gouging

is

performed by twisting the forefinger

in

a lock of hair, near the temple, and turning the eye out
of the socket with the

thumb

nail,

which

is

suffered to

grow

long for that purpose (Lambert)."

This

little

code so far as

it

provides for the punish-

ment

of homicide

must be read with the Numbers statute

which makes malice aforethought the indispensable ground


for convicting a

man

of the capital offence of murder. 26


lex talionis to that extent.
is

and thereby abolishes the


malice
is

If

absent, the homicide

reduced from murder to

manslaughter and the punishment from death to intern-

ment
('/>

in a

separated city frequently called "city of refuge"

miklat).

This

ir

miklat statute

is

expressly declared

to be "for the bene Yisrael, for the ger


in their midst,
2"

and

for the toshab

or as

it

is

put

in

the Joshua text:


lives in their

"tor

kol bene Yisrael

and

for the ger

who

midst." 28
is

The

next instance of the class

we

are considering

the following:

Moses, at a particular period, was directed to speak


to the children of Israel concerning certain duties

which

would devolve upon them after

their settlement in

Canaan.

One

of these duties referred to meal-offerings

and drinkdetails.

offerings

and they are prescribed


See
35.15.

in

adequate

-"Num. 35.22-29.

"Num.

The

my Ancient Hebrew Law of Homicide (Philadelphia, 1915). distinction in this verse between ger and toshab is the only
<

instance of the kind in Scripture. That there is some error or confusion in the text seems obvious. It is probable that the scribe's ms. read "for the toshab" and sakir was equally entitled to the benefit of the statute, he probably wrote in the margin
"for the ger" in order to note that both toshab and sakir were included, and thi-

probably crept into the text. The Joshua text is perfectly clear. bene Yisrael and for the ger. The toshab
28Josh.

It
is

declares the separated cities to be for kol

not mentioned.

20.".

412

THE JEWISH QUARTERLY REVIEW


there
is

Thereupon

this

additional

provision:

"Every
and the

ezrah shall

do these things

after this

manner.

ger or

whoever may be among you throughout


will offer

your generations and


as

an offering made by

fire.

you

do, so shall he do."


for the congregation (Kahal) there shall
ger,

"As

be one

(and the same) statute for you and for the

a statute

forever throughout your generations; as ye are, so shall

the ger be before the Lord.


shall

One law and one ordinance


Here

be for you and for the ger living with you." 29

the ezrah stands for Israel.

The

principle therein declared,


religious

though limited to this particular


couched
in

activity

was

terms to make a profound impression on the

general public, who, according to the custom of

geneous

communities,

looked

upon

any

homonew element

introduced as inferior.

There were certain


this

peculiarities

in

the wording of
Its
first

addition
is

which are worthy of attention.


renders: "As

word

ha-Kahal which J.P.S.

for the con-

gregation."

That

this

is

not a satisfactory rendering needs


that
it

no remark.
probability

Its great fault is


is

conveys no

idea.

The
which

that

it

was a

scribe's marginal note

has crept into the text and this seems to be the view of
Bertholet. 30

How
plausibly
Israel, in

the scribe
explained.

came to write such a note may be The word Kahal in reference to


in

the numerous instances

which

it

occurs, always

means
Indeed

Israel
ilie

alone without

the infusion of

any others."
is

distinction between Kahal and ger

expressly
ol

declared

when we
15.2,
I *

are told

th.it

"there was not a word


Juden ;u den Fremdtn,
10.7;

Num.

i',.

Bertholet,
in. |2;
I.-

Dm
J.'
i;

Slcllunt det Israeliten


I;

und

dtr

p.

70,

note

-'.

12.6;

16

Lev.

n.

14,

21;

Num.
I

14.5;
';
!0;

16.3,
1

33;

17.12;
B.I
t

19.20;

Di
1

ut. 9 hi,

10.4; [8.16; 23.2,


I

v
i"

i.

13.4;

Kingi

26.17;

Micah

2.5;

Chron. 13.2

2 Chron. 1.3. 5; 6.3. 12,13'.

;.

25.

STATUS OF LABOR IN ANCIENT ISRAEL


all

SULZBERGER

413

that

kol-kehal

Moses commanded, which Joshua read not before Yisrael and the women and the little ones and

the ger that walked

among them." 32
Yehudah, and the

So also
festival
priests,
it

in

the narrative of Hezekiah's great Pesah

is

recorded that "kol-kehal

of

and the Levites, and kol-ha-kahal that came out Israel, and the gerim that came out of the land of Israel
in

and that dwelt

Judah

rejoiced." 33

The
declared

scribe
itself to

who was copying our ordinance which


be one statute for you (Israel) and for the

ger that liveth with you,

which further declared that "as

ye are, so shall the ger be before the Lord," and which

emphasized these declarations by adding that "there


the ger living with you" might well exclaim:
ger has

shall

be one and the same Torah and mishpat for you and for
Behold, the

become incorporated
enlarged Kahall

into the Kahal!

We

have

now an
this

We may

readily affirm his view

and conclude that

ordinance contemplated the religious assimilation of

the ger with Israel.

At
in

this point

we may note
Daniel

that ger

is

not mentioned

Ezra-Nehemiah, Ruth, Proverbs, Ecclesiastes, Song of


Lamentations,

Songs,

and Esther, a

significant

indication that the distinction between

him and the whole

community

of Israel, had, after the

Return from Babylon,

been ignored and forgotten.

The next ordinance

to be considered

is

the statute
or of the

providing for the atonement of the

community

individual for certain violations of law


or inadvertence (shegagah).
If

committed by error

the fault be that of the


sin-offering
for
is

congregation

{'edah)

specific

required,

whereupon the

priest

makes atonement
Israel

the

whole
be
for-

congregation of the bene


"Josli.
8. $5.

"and they

shall

**2

Chron. 30.25.

414
given." 34

THE JEWISH QUARTERLY REVIEW


This effect
is

repeated

in

the next verse with


all

an important addition thus:

"And

the congregation

of the children of Israel shall be forgiven


in their midst;
it

and the

ger living

was the error

of kol ha-

am

(the whole

people)." 35
If

the fault be that of an individual, the offering to


is

be brought by him

specified, shall

and the

priest shall

make
ezrah

atonement

for

him and he

be forgiven.

"The

among

the children of Israel

and the

ger that liveth in

their midst; there shall be

one law (Torah) for him that

doeth aught
Just as

in

error." 36
is

in

the previous ordinance the ger


is

considered

to be part of the Kahal, so in this he

viewed as part of

the 'Am.

changeably.
ger

And the Bene Israel and- the ezrah are used interThey seem to fix the period at which the
fully assimilated, civilly
is,

became
There

and

religiously.

too, a statute

which provides

for purification

from defilement by the dead.


of the
It

We may

call this
is

the statute
it. 37

Red

Heifer.

whole chapter

devoted to

was without doubt


in

originally binding on Israelites only',

but
in

the tenth verse the words "and unto the ger dwelling

their

midst" follow the word "Israel," that being the

only mention of the ger in the whole chapter.

There could

be no more intimate fusion of ger and Israelite than in

such an ordinance looking to perfect ritual purity.

We may

here pause a

moment

to consider an ordinance

which belongs to an early period when the assimilation of


the ger was not
yet
in

sight.

The

carcass of an animal
to be unfit for the thing. 3 '

which died

of itself {nebelah)
It

was held

food of Israelites.

was an abominable

Never-

theless, as in other times

and climes there were those who


Jeremiah denounces such
the
sin-

violated
ners. 39

the

prohibition

Notwithstanding
J
i

aversion
"Num.
15.29.

with

which

the

"Num.
1

5.25.
i

turn. 15.26.
.'l

"Num.

chap. 19.

1<

ul

\,

Ji

16.18.

SI

MI'S OF LABOS IN

AM

IK\

[SRAEL
a

SULZBERGER
thing was
it

415

idea of an

Israelite's

eating Mich

viewed,

express permission was granted to give


eat,

to the ger to

presumably as part

of his food-wage. 40

As the

assimilation of the ger progressed there was

a supplemental ordinance which reads thus: "Every person


{nefesh)

that eateth

nebelah or (ere/ah,
his clothes

among

ezrah
in

or

among
if

ger shall

wash

and bathe himself

water

and be unclean

until the even; then shall

he be clean.

But

he wash them not, nor bathe his

flesh,

then he shall

bear his iniquity." 41

Here we have the extremes


of the ger.

of the assimilation progress

At

first

he

is

treated as a complete outsider


is

religiously, while in the last instance, he

regarded as an
to the require-

intimate proselyte, who,

if

he

fail

to

conform
that
is,

ments,

"must bear

his

iniquity,"
42

must expect

direct Divine punishment.

The
tithe

tithe of the third year

is

another instance showing


ger.

the relation between the land-owner and the

This

must be

specially set aside for the Levite, the ger,

the yatom and the almanah, to

whom

it

shall

be for food. 43

This provision
gift to

is

usually construed as a charitable

the poor.

It is

more probably a supplemental comin

pensation for laborers

the land-owner's employ.

We

have
were

in

a previous lecture alluded to the fact that Levites

in

the early days hired for wages to perform certain

religious duties.

Nothing
list

is

more

likely

than

this:

that

we have

here a

of several species of workers,

who were

entitled to these third-year tithes as a bonus, to use the

language of our contemporaries. This ordinance seems devoid of any religious


Dcut. 14.21.

signiti-

"Lev. 17.15, 16. The expression "bear his iniquity," a? has been suggested in the preceding Lecture, conveys Divine punishment for an offence committed by an Israelite. Here the ezrah (meaning the Israelite) and the ger are put in the sam<
in this regard.

"Exod. 2X.-U; Num.

18.22.

'!).

lit

14.2s. 29; 26.12.

416

THE JEWISH QUARTERLY REVIEW


ger.

cance as regards the


refrain

He

need not do anything nor


a
civil

from doing anything.

It is

matter, a regula-

tion of the relations

between employer and employees.

C.

Besides the classes of cases of which


is

we have
Israel,

hither-

to treated, there

a third class which shows that on certain


the ger

occasions

of

extraordinary solemnity in
be,

were invited to

and were, present as


community.
life

if

they were an

integral portion of the

When
meeting of

the end of Moses'


"all

was

near, he called a
to observe

Israel" 44

and exhorted them


"even

the words of the covenant and do them. 45


style he addresses
Israel,

In oratorical
all

them by

classes,

the

men

of

your

little

ones, your wives

and thy

ger that are

in the

midst of

thy camp from

the hewer of thy

wood unto

the drawer of thy water; that thou shouldst enter into


the covenant of the Lord thy

God

"which the Lord

thy

only do

God maketh with thee this day." "Neither with you I make this covenant and this oath, but with him
46

that stand eth here with us this day.

." 47
.

In his portrayal of the consequences that will follow


Israel's

non-observance of the law, Moses


in his

is

still

more
ger

emphatic
of the

recognition of the ger as an integral portion


Israel.

body

of

These are

his

words:

"The

asher be-kirbeka shall

and thou

shalt

mount above thee higher and higher; come down lower and lower. He shall
Just as

lend to thee and thou shalt not lend to him; he shall be

the head and thou shalt be the tail." 48


the individual
in

we

describe

body by saying "from head


In both cases the

to foot," so he

portraying the corporate body uses the words "from


tail."

head to

thought

is

that the body

may

be characterized
A^ain,

by
his

its

two extremes.
charge to "the priests the
Israel 48
14.

Mom.iik!

in

final

son- of Levi"
"D.
hi. 29.1.
13, 44,

to all
nt. 29.8.
t.

the elders (zrkenim) of


"Dent. 29.9-11.

'D.

"Deut. 29.13,

31 9.

si

Mrs OF LABOR
them

IX

ANCIENT ISRAEL

SI

LZBERGER

417

directs

to read the

Law once
defines

in

every seven year-,

at the feast of Tabernacles "before all Israel in their hear-

ing." 50
Israel."

And thereupon he

what he means by

"all

"The men and the women and the


and that they may
learn,

little

ones and

thy ger that are within thy gates, that they

may

hear,

and fear

the

Lord your God, and

OBSerxe to do
children,
fear the

all

the words of this law, and that their


hear,

who have not known, may


Lord your God.
finally
it is
.

and learn

to

." 5I

And

recorded that Joshua,


(in

in

compliance
Ebal)

with the direction of Moses "wrote there

Mount
. .

upon the stones a copy


all

of the law of Moses.

.And

Israel

and

their elders

and

officers,

and

their judges,

stood on this side the ark and on that side


the ger as the ezrah.
.

...

as well

," 52

In a great chapter of the Holiness Code, fundamental

moral laws

for

the governance of Israel are laid down,


in

the violation of which was declared to have resulted

the downfall of the vanquished Canaanites and Moses

summed

it

all

up by saying:

"Ye

therefore shall keep


shall not

My

statutes

and Mine ordinances and

do any

of these abominations

the

ezrah

and the

ger that live in


Israel.
It

your midst." 53

Here again, ezrah means

will

be seen that the ger are no longer looked upon as strangers,


but as fully accepted proselytes,

forming a recognized

portion of the Israelite religious communitv.

Ezekiel seems to look upon

them

in

the

same

light. 54

D.
the

We

arc finally to consider the provisions


of the ger's material condition

made

for

improvement

and the

consequent intellectual and spiritual advantage accruing


to him.

Perhaps the most important improvement


"Deut. 31.11. "Lev. 18.26. "Dent. 31.12, "Ezelc 14.7. 8.
13.

in

the ger's

Josh. 8 J2.33, 35.

418

THE JEWISH QUARTERLY REVIEW


condition was produced

material

by granting him

rest

from labor on the weekly Sabbath.

The

tradition

was uniform that

this institution belief that

was

of the greatest antiquity.

The accepted
Israel's

God

himself rested on
attests this.

that day from the

work

of
in

Creation

Moreover when

support

the wilder-

ness
fell

was by manna which


in

fell

from Heaven, two portions

on Friday
it

order to relieve the people from the work

of gathering

on the seventh day. 55

Of the various

texts

commanding

the observance of the Sabbath, only three


ger.
h*

contain any reference to the


to Israel alone.
57

The

others are addressed

And
attention.

these

three
first

disclose
of

peculiarities
58

which merit

The

them

addressed to Israel com-

mands
manner

that on the seventh day "thou shalt not do any


of work," with
it

which the sentence might well have

ended, but

goes on "thou, nor thy son, nor thy daughter,

nor thy man-servant Cebed) nor thy maid-servant (amah)


nor thy cattle, nor thy ger that
is

within thy gates."

That

the mention of the slaves should be followed by the cattle

may

well give the impression that the sentence


lo

is

finished,

when,

and behold!
if

after the cattle

come

the free

em-

ployee- as

by an afterthought of
of

later times.

The second

them 59

is

likewise addressed to Israel


shalt
rest

and commands "On the seventh day thou


thine ox and thine ass

that

may have

rest."

After this care

for the animals, there follows the additional

ground "and
ger

the

~in

of thy

handmaid (ben-amah) and the


are not

may

be

refreshed

The family

mentioned, probably on the preof the second person

sumption thai by the use

the land-

owner addressed would assume


'I v..
11.13
16;
I

thai his family


Deut
i'<
<

was included.
.

.mi B
.'i
.

11; Z3.12;
IS
-'.

S.14.
>.

14

CI"

23.

"h...i

20

10,

M cod

23.12.

STATUS OF LABOR

IN

ANCIENT [SRAEL

SI

LZBERGER
as the

419

The
wit:

third of

them 60 has the same

list

first

to

thou, thy son, thy daughter, thy man-servant ('ebed),


ass,

thy maid-servant (amah), and then follow the ox, the


or

any

of the cattle.

Only

after these
is.

comes the

ger.

The
is

most curious feature of

this text

however, what follows

the ger, namely the purpose of this ordinance which

declared to be that "the 'ebed and the


well as thou."

amah may

rest as
if

Not a

w^ord about the ger, just as

the

sentence had been finished before he was introduced or

thought
It

of.
is

not an unreasonable inference that these three

texts were originally addressed to Israel alone,

and that

the anxious care for the

workman,

slave and free, 'ebed

and

ger

was developed
return

in

the course of Israel's history.

To
by the

now

to our Sabbath-law prohibiting


It

work

ger

on that day.
it

should be remarked that though


in

the benefit of

was primarily material,

that

it

gave the

workman

a substantial interval of rest, thereby relieving


incident
to

the monotony, the dulness and the fatigue

unceasing physical labor of one sort, yet the advantage


to the laborer in another aspect
leisure afforded

was even

greater.

The

by

the regularly recurring period of rest


it

at short intervals,

made

not only possible but inevitable

that he should observe and to a certain degree imitate

the habits and practices of his master's family and the


result

would
in his

follow

that

he would

cultivate

thoughts

which

previous condition would have been beyond

his reach.

The command

to

the ger to abstain from


in

work on

Atonement day was another long step


extraordinary solemnity surrounding
ulated reflection
in

advance. 61

The

its

celebration stimhis

a high degree.

He saw

master

deprived not only of food but of other ordinary indulgences


*>Deut. S.14.

"Lev. 16.29;

Num.

29.7.

420

THE JEWISH QUARTERLY REVIEW


There
priests,
62

which seemed not only necessary but indispensable.


were moreover stately ceremonies conducted by the

which were well adapted to rouse curiosity and

interest.

So

too the
63

Day

of

Memorial (now

called

Rosh ha-

Shanah

),

the day of the blowing of the horn (the Shofar),

could well rouse emotions and implant ideas concerning


a man's being and his future.

Less grave than these solemn occasions was the Pesah-

Massot

festival.

While the Hebrews called the Mascot


affliction, 64

(unleavened bread), the bread of

the fact that


it

the festival celebrated the rise of the nation gave


color which

a joyful

mere nicknames could not overcome.


free to join in the

While

the ger

was

Pesah ceremonies, he was

also free to refrain.

The

choice

was

his. 65

During the

Massot

festival,

however, he was bound to abstain from


is

eating leaven 66 and the probability

that so far from


it,

being conscious of any affliction he enjoyed


ing in from his surroundings historical
it is

while drinkin

memories

which

true he

had no

part, but

which nevertheless tended

to raise his intellect to a higher plane.


loses sight for a

When

a mere yokel

time of the insistent present and dwells

even with bare superficiality on a past replete with great


deeds, he imbibes ideas which spiritualize his whole being.

Hebrew
nously
the
full

life

though essentially solemn was not monotoger reaped

so.

There was a joyous side and the


of
it.

benefit

At the gal tiering of the

first fruits

of the

wheat nan

esl

then- was a greal holiday, 67 the feast of weeks (Shabuot)

Naturally

there

were impressive ceremonies 68 but these

were coupled with the injunction to go up to the religious


capita] with the family, the slaves, the Levite

and the

ger,

yatom

(fatherli

and almanah (widow) and there


13.24;

rejoice
16, 1

"Lev. 16.32-34;
ix.

Num

\9

"Deut.
"'I..\

"Exod

12.19

"Exod.

34.22.

(3.16

STATUS OF LABOR

IN

ANCIENT [SRAEL

SULZBERGER

421

before the Lord thy God. 6 '

And

this rejoicing

was not

to be merely rhetorical or spiritual.


feasts:

There were to be
the practice con-

"Thou

shalt eat there." 70


71

And

formed to the ordinance.

And
of this

the "Feast of Ingathering at the end of the year,


in

when thou gatherest

thy labors out of the field" 72 partook


nature.
73

same frolicsome

This

is

the Festival

known

as Sukkot (Tabernacles),
of

one of the most jovial features

which was, doubtless, a great army of paraders bearing

branches of palm-trees, willows of the brook and other


plants.

Even

if

the ger were not admitted to join in the


it,

procession,

they doubtless enjoyed looking at


the habits of people of our

as

we

know from
too
all

own

time.
besides.

Needless
74

to say there were

abundant ceremonies

Here

the householder's dependents, his family, his slaves,

the Levite, the ger, the yatom and the almanah asher bi-she'areka

were to be altogether joyful." 75


it

In order to complete this branch of our inquiry,


will

be necessary to

cite the general principles laid

down

for the

treatment of the ger as well as the special regulations


in his behalf.

made
tically

The most important

of these prac-

was the protection

of the ger in his right to

adequate

wages or other compensation.

"A
him." 76

ger thou shalt not wrong, neither shalt thou oppress

In view of the relations of the ger with his

em-

ployer, the

wrong and the oppression here spoken

of can

mean nothing else than exacting an undue amount of work or whittling down the compensation for it so as to render
it

inadequate.

The farmer may not go back


gotten
in

to recover a sheaf for-

the harvest.
is

It

is

for the ger, the

yatom and the

almanah nor
"Deut.
16.11.
;od. 23.16.

he allowed to go again over the boughs of


7

73

"Deut.

16.15.

"1 Sam. 11.15. Deut. 14.23-27; 27.7. Lev. 23.34, 39-43. "Nehem. 8.1-1X; Num. 29.12-39. "Exod. 22.20; 23.9; Lev. 19.33.

422

THK JEWISH QUARTERLY REVIEW

the olive-trees.

What

is

left also

goes to the

ger,
is

the yatom

and the almanah, and the

like disposition

made with

respect to the gleaning of the vineyard. 77


In the parallel passages of Leviticus, the provision
is

that the corner of the field

must not be reaped, nor the

gleaning of the harvest or the vineyard gathered.

They

belong to the 'ani and the


In
still

ger."

another Levitical passage only the corner of


of the harvest are

the

field

and the gleaning

mentioned

and these are

to be for the 'ani

and the

ger.

'

We

have here three kinds of disposition of the farmer's


his produce.

remainders after the collection of


specifies in

The

first

more

detail the several species to be distributed


to ger,

and awards them

yatom and almanah, the second

omits the olive-trees but names the other species, while


the third omits not only the olive-trees but the vineyard.

Then

too the

first

names

as beneficiaries the ger, the yatom


third

and the almanah while the second and


yatom and the almanah but add the
'ani.

omit the

These variations lead


time of the
first

to

the

inference that at

the

ordinance, the order of

Hebrew workclass

men

called

'ani

had not yet been regarded as a

by

themselves; but that the bulk of the agricultural work

was done by the non-Hebrew

classes to wit, the ger, the

yatom and the almanah, that these being settled on the


land indefinitely, were not paid wages, but received their

support

in

kind which was supplemented at harvest time

by what

their

employers doubtless called a gratuity

in

the nature of the bonus so anxiously looked for

by the

workmen

of our

own

day.

The inference from the second and third ordinances


i-

ih.it

he ger therein

named was used

.1-

a general

term
ger,

to include the
1

yatom and the almanah of a deceased


-'I

..

19.20,

ei

19 9, i"

;.--'

STATUS OF LABOR IX ANCIENT ISRAEL

SULZBERGER

423

which words were therefore omitted, while the Hebrew

workmen, the
themselves

'ani

had

><>

increased as to form a class by


to share in the bonus.

who were admitted


of a

The wages

sakir shall

not abide with thee

all

night until the morning. 80

The product
for food of the

of the seventh or fallow


all

year -hall be

land-owner and of
his toshab*
1

his

dependents includcharge to the

ing his sakir

and

Moses,

in his

judges enjoins upon them to judge righteou>ly between


a

man and

his ger.

The

great probability

is

that the ques-

tions arising between these

two

classes referred to

quantum

of labor or of compensation. 82

At the end of every three years the land-owner was


ordered to lay up the tithe of his increase and this belonged
to the Levite, the ger, the fatherless
in

and the widow,


' 3

all,

one sense or another, employees of the owner

The

prophets, Jeremiah, 84 Ezekiel, 85 and

Malachi, 86
to these

especially the latter, were insistent

upon obedience

requirements.

The

general principles, illustrative of these

regulations were emphatic.

The
cases

leading one was enunciated

in

several

specific

When

the punishment for various offences was laid


little

down, the pronouncement with which the


cluded was:

code con-

"One mishpat
for the ezrah}'
1

shall

be for you, as well for the ger as

When
And
to the

the Pesah of the second

month was

instituted
88

the doctrine

was repeated

in

words nearly

similar.

the like occurred in respect to offerings 89


for sins of inadvertence.
90

and

atonement

The

persistent repetition of this declaration undoubt"Lev.


25.6.

L*v. 1Q.13; Deut. 24.14, 15. "Deut. 14.28; 29; 26.12. 13.

"Deut.

1.16; .'4.17; 2 7.19.


!9

7.6; 22.3.

"Mai
*>\um.
15.29.

24.22.

"Num.

9.14.

Num.

15.16.

424

THE JEWISH QUARTERLY REVIEW


the effect of a principle generally applicable.
it

edly gave

it

The

fact that

failed of universal effect

is

attested

by
In

the speeches of the prophets.


surprise us.
their

This, however, need not


like

Ancient
in

men were much


natives

moderns.

day as

ours,

looked upon

themselves

as superior to
liberal

men

of other nations,

and even

in their

most

moods, exhibited as against them, a certain conThis


trait too

descension.

was heightened and exaggerated

then as

now when

the others were inferior in prosperity

and

social standing.

These mighty

efforts to

produce unity between Israel

and the

ger

were further strengthened by such declarations

as these:

"Thou

shalt love

him

(the ger) as thyself; for ye were

gerim in the land of Egypt." 91

"He
raiment.

(the Lord) loveth the ger in giving

him food and


in

Love ye therefore the


92

ger; for

ye were gerim

the land of Egypt."

The

effort

was

to

remind the superior

that in his origin, he was as humble as the class he wished


to look

down upon.
fully

While naturally the object was not


there

attained,
senti-

was undoubtedly created a higher and purer


relation

ment regarding the

between Hebrew employer

and non-Hebrew employed.

We

have now reached a point where we

shall feel at

liberty to

assume

thai

the ger were a large population of

Palestinian natives who,

by the conquest,
in

lost

their lands

and became employees

the service of the conqueror.


to

We
it-

shall

next

proceed
1

ascertain

whether there
this brings

were other classes of non- Id >ivw laborers; and


back
to

our starting-point, the classification of ger with


shall

yatom and almanah (fatherless and widow) which we


proceed to
19.34.
i

onsider

in

the next

Led

ure

10.18, 19.

STATUS OF l.AHOK

IN

ANCIENT ESRAEL

SI

LZBERGEB 425

IV

The

frequent collocation of ger with yatom and almanah

started our whole inquiry.

The accepted
all

notion that they

were classed together because they

needed the kindliness

and charity

of the public

seemed inadequate.
been that we
fact that

The

result of the inquiry so far has

have collected evidence enough to establish the

the ger were a large class, that they were the conquered
inhabitants of Palestine, and that the majority of them

had remained on the land as feudal employees


querors.

of the conger-

That these so

settled

were called toshabim,

toshab, or ger we-toshab.

That the minority not

so settled
large

became sekirim

or wage-earners.

To speak

of a

population of industrious laborers as objects of charity


is

merely absurd.

Then what
them

is

the meaning of the collocation of ger,


If their

yatom and almanah}

being classed together gives

certain leading characteristics in


ger's

common,

it

would

seem that the

leading characteristic, to wit, being

a laborer, might inhere also in the yatom and the almanah,

however fantastic such a view might at


In every instance where the locution
consistent with such a view, especially

first

appear.
it is

is

used,

quite

when we

consider

that the peasant gerim were landless and were dependent

on their compensation

for the

support of their families.


his

When

such a ger died, what was to become of

widow

and children?
to oust

The

interest of the land-owner

would be

them from

their cottage

and to put

in their place

a strong

man

capable to do what the decedent had done.

426

the:

Jewish quarterly review


policy of the state

The humanitarian
defeated
if

would have been


to consult

the land-owner had been allowed

his pecuniary interest only.

The

best that could be done

was

to leave the family in their place and set

them

to

work

doing as

much

as possible.

This was probably a

fair pro-

portion of what had been done before, since doubtless the


ger

had been assisted

in his

work by
to

his wife

and such of
case of

his children as

were old enough to help.


of
in

The
in

Ruth
was
not

shows that the practice


well established.

women

work

the

field

Boaz,

addressing her, said:

"Go

to glean in another field, but abide here fast

by

my

maidens.

Let thine eyes be on the

field

that they do reap, and go

thou after them."

And
rich,

that children would be compelled to

work appears

plainly from Job's bitter speech against the avaricious

however exaggerated

its

terms. 2

Our
in

ger,

yatom

and almanah are coupled together

at least sixteen instances which

may

be divided into

five classes.

Six of them refer to the oppression of laborers


five

by
the

their employers,
fruits of the soil,
in

speak of their participation


of their joinder with other

in

two

em-

ployees

great celebrations

by

their masters,

two enjoin
of status

on the judges the duty of disregarding differences

among
laborers
tint

litigant-

and commanding them to do justice to


is

and the sixteenth


itself

Divine

fiat

announcing

Heaven
ger

takes special care of yatom, almanah

and
I.
'I

he

first

<

lass

ol

six

are these

a)

"The get thou


</"
til

shall not

wrong

(lo

touch) nor oppress

him
h
ill

run in
i

Kol almanah we-yatom ye


te'annun
i

not

'

.titli'

{lo

'!<..

1112.

0,

21.

STATUS OF LABOR IX ANCIENT ISRAEL


b)

SULZBERGER
his

427

Jeremiah speaking at the gate of the Temple says:

"Do
his
ger,

justice

between a man and

rea

(the
is

versions render:

neighbor, but the meaning here

Hebrew employee); do not oppress do


yatom and almanah."*
Jeremiah,

ta'ashoku)

c)
in

under instruction, addresses the King

these words:

"Execute ye justice and righteousness, and deliver

the spoiled (gazul, robbed) out of the hand of


i'ashok),
(al

the oppressor

and do no wrong
to

(al-tonu),

do no violence
almanah."*
d)
Ezekiel,

tahmosu)

the ger, yatom and

inveighing against

the princes

(nesiim)

of Israel charges

them with grave crimes, among them


dealt

these:
'oshek)

"They have

by oppression

Vasu

be-

with the ger; they have wronged (honu) yatom

and almanah." ^
e)

Zechariah, harping on the same subject says:


(al

"Do

not oppress

ta'ashoku)
'ant.'
17

the

almanah and yatom,

the ger and the


f)

And
his

finally

Malachi closes the prophetic era by


('

denouncing "those that oppress


in

oshekim) the sakir

wages, the almanah and the yatom and turn

aside the ger from his right {matte ger)."*"


In

these

six

passages

denouncing

oppression
'ashak
in

five

words are used.


the texts, honah

Their basic forms are:


in

five of

three,
all

and

'innah, lahas,

and hamas
one by

each

in one.

They

signify the ill-treatment of

another, oppression.
as to

There might be room

for speculation
to.

what kind

of oppression

may

be referred

Fortu-

nately, the Malachi text solves the problem,

by

-the specific

statement that the


employee, the sakir
Jer. 7.5, 6.

'oshek, the oppressor,


in

is

wronging the

respect to his wages.


Ezek. 22.7.

The

inference
'Ma!. 3.5.

Uer. 22.3.

'Zech. 7.10.

428

THE JEWISH QUARTERLY REVIEW

is

obvious that the other classes mentioned with the sakir

are fellow-employees

and that

in

that relation they are

the victims of ill-treatment by their employers.

The

dictionaries

lay especial stress on


9

the idea of
brutal

extortion involved in 'ashak, or as the

Hebrew with
in

frankness calls

it

"robbery" (gazul) and on the idea of

ill-treatment of the poor

and weak involved

honah, 10
all

and these are the two words running through


passages.

these

Oppression as between employer and employee would


likely

be of two kinds, overworking and under-payment.


in

Needless to say, a cruel master might be guilty


respects.

both

In the case of the sakir there might be an addiof oppression.

tional

mode

He was

the only laborer

who
im-

was to be paid a daily wage at sundown.


perative:
all

The law

is

"The wages
him

of a sakir shall not abide with thee

night until the morning." 11

"In the same day thou

shalt give
it."
12

his hire, neither shall the

sun go down upon

An
Next

avaricious master would violate this law, just

as selfish
II.

and inconsiderate men violate other

laws.

to this series of six passages are five, in

which

the ger, yatom and almanah are the fruits of the


III.
soil 13

made

to participate in
five are:
ger,

and following these

Two

passages which represent the

the yatom

and the almanah as enjoying, with other employees, great


national
ut

and

religious celebrations,
' >

all

under the charge

their employer:-

The seven passages


sufficiently
nol
I"

of

these

two

series

have been

considered

in

the previous Lecture

ami need

repeated here

IV

We ha^ e, next, the two passages which enjoin the duty oi


They are
113.

disregarding different es of status among men,


'Brown-Driver, Hebret and English Lexicon, I'M
-

these:

p. 798.

"7/>i,/.. p.

24.20. 21

16.11, 14

STATUS OF LABOR

IX

ANCIENT ISRAELSULZBERGER
due

429

"Thou

shalt not pervert the justice

to the ger,

yatom {mishpat ger yatom) nor take the almanah's raiment


to pledge." 15

"Cursed be he that perverteth the justice due to ." l6 yatom we-almanah.


.

ger-

and
V.

finally

we have

this passage:

"He

(the Lord) doth execute justice ('oseh mishpat)


in giving

for the

yatom and the almanah and loveth the ger

him food and raiment." 17

An

attentive consideration of these sixteen passages

discloses a certain historical order

showing the stages at

which the various classes of laborers among the Hebrews


were formed.

At

first,

that

is,

as soon as the natives

had been sub-

jected to the loss of their land and the bulk of

them had

become a

settled peasantry

under their new masters, the

texts are confined to the ger, yatom

and almanah alone


There was urgent

without thought of any other

class.

need

for their protection


it

and there were prompt measures

to secure

for

them.
in four verses only.

These texts are found

In the verse

which represents God as speaking

for justice

and love to

them no other

class

is

mentioned.

This

is

the text which

has just been cited at length. 18

One

of the texts
in

which provides

for a

supplemental

compensation

addition to the ordinary reward given to


is

working-people

composed

of three verses

the

first of
#

them

directs that a forgotten sheaf


left

may

not be gone after

by the farmer but must be


duty

for the ger,

yatom and

almanah, 19 the second imposes on the farmer the same


of abstention after beating his olive-trees

and reserves

what remains thereon


Deut. 24.17. "Deut. 24.19.
1!

for the ger,


17

yatom and almanah,'2 "


"Deut.
10. is.

I6

Deut. 27.19.

Deut. 10.18.

Deut. 24.20.

430

THE JEWISH QUARTERLY REVIEW


in

while the third has an analogous provision


of the vineyard. 21

the gleaning

Though
are

these are three separate verses in each of

which the same beneficiaries of the farmer's abstention

named, they are

in reality

but one ordinance, inculcat-

ing one duty, namely, the duty of giving to the laborers

whose active work contributes greatly


cheer and exalt them.

to the increase of

the produce, an extra gratuity which has a tendency to

The
passages

result

reached from a consideration of

all

the

may

fairly

be said to be that the yatom and the


ger,

almanah when mentioned as pendents to the


Israelites,

are not

but are the

ger's (the

non-Hebrew's) widow and


to

children,

who

after

the father's death were allowed

remain where they had always been, on condition of course


that they should

become employees

in

his

stead.

This

conclusion however does not negative the idea that there


are texts which speak of the yatom and almanah of Hebrews.

When

the

Hebrew widow had no


If,

child, the

death of

her husband practically threw her back on her father or


his family. 22

however, she had a

child, the

husband's

land descended and the


it

widow and
almanah 23
is

children remained on
referred to as well as

as before.

The

gcbul

the prohibition against trespassing on

the
are

fields

of

the

yatom. 2 *

So too the avaricious men


alert

described

by

Job as being

to drive
1

away

the ass of the yetomim

and to take the almanah s ox

for a pledge. 25

With

a funda-

mental law which aimed at equality of land-ownership by


individuals, the invasion of the neighbor's land

by crossing

the boundary line (gebul) or by obliterating


.(

it

so as to seize

portion of the neighbor's land


-halt not

was

heinous offence:
(iirhitl)"
2b

"Thou

remove

tin-

neighbor's land-mark
is

iitu prohibition
!'

which
22
i

drastically strengthened
"/Wrf. 25.10.

by

.'i

.'i

Prov. 15.15.

Job

i''

-I

ATUS OF LABOR IN ANCIENT ISRAEL

SULZBERGER 431
his

the .4rr-code:

"Cursed be he thai removeth


7

neigh-

bor's (gebul) land-mark."of

Hosea, denouncing the princes

Judah, finds nothing more degrading to characterize


to those "that

them than likening them


mark."
28

remove the land-

Proverbs too repeats the accepted view:

"Remove

not the ancient land-mark which thy fathers have set." 29

The Hebrew yatom and almanah were therefore not They did need protection, objects of charity in general. however, against the greed of wily land-grabbers who
were ever ready to take advantage of the helplessness
not only of unsophisticated persons suddenly thrust into
a position of responsibility without adequate preparation,

but of those land-owners whose management


farms was not
efficient

of

their

enough

to assure their ability to

hold them permanently.

Doubtless the current philosophy

and morality
class as
it

of the avaricious

was satisfactory

to their
fittest

survive.

others

has been from that day to this: The Whoso fails should abandon the task and who can do better, and so on and so on.
did not see eye to eye with them.

serve

The prophets
and the ebyon

Amos

thunders against them:

"They

sell

the innocent for silver

for a pair of shoes.

They pant
Isaiah,

after the

dust of the earth on the head of the dallitn and pervert


the right of the humble ('anawim)." 30
later (8th century B.C.),
is

somewhat

specific in his denunciation of

their efforts to gain a

monopoly

of the land

"Woe unto them


That
Alone
Till there
in

that join house to house,


field,

lay field to

be no room, and ye be made to dwell


the midst of the land!" 31
B.C.

and Micah (724

and

later)

does the same.


iniquity

"Woe to them that devise And work evil upon their


"Deut.
27.17.

beds:

"Hosea

S. 10.

Prov. 22.20.

"Am

2.7.

432

THE JEWISH QUARTERLY REVIEW

When
And And

the morning
it
is

is

light,

they execute
of their hand.

it,

Because

in the

power

they covet
houses,

fields,

and grab them;

(gazahi)

and take them away;

They oppress a man and his house (family) Even a man and his heritage (nafyalah)." 32
After the provisions for securing the
ger,

yatom and

almanah there
of

is

another stage which introduces alongside


class of beneficiaries,
is

them a new

namely the Levite


the
first

class.

This disposition

made

in three verses,

of

them providing that the

tithe of the third year, shall

be disposed of as subsidiary compensation to "the Levite,


the
ger,

the yatom and the almanah that are within thy


33
,

gates" (asher bi-she areka)

the second of

them

directing

that the rejoicing on the Feast of

Weeks

at the national

sanctuary thereafter to be established, shall be by the

employer and
that
is

his

family,

by

his slaves,

by "the Levite

within thy gates" and by "the ger, the yatom and


in

the almanah that are


beka), iA

the midst of thee" (asher be-kir-

and the third

of

them laying down a

similar rule

for the celebration of the


ficiaries of

Tabernacle festival the benefor

which are to be the same as those named

the Feast of Weeks, namely, the employer and his family,


his

slaves

"and the

Levite,

the ger, the yatom and the

almanah that are within thy gates." 33

We
the

have

in

a previous lecture referred to the case of

Ephraimite

Micah who employed a Levite

of

the

mishpafyah of Judah to be his ab and his kohen promising


i"

pay him
.1

for this service ten pieces of silver

by the year
these terms
is

and
the

suil of

apparel and

lii>

victuals.

And on

bargain

was concluded.

The
as

narrative
told

o\

greal
to

antiquity.
the
'

Though
ol

the
the

facts

were shocking
recited

sensibilities
Mil
.ill

compiler,
"i

he

them

fully.

J.I. 2.

.!!

"//!./. 16.11.

16.14

STATUS OF LABOR IX ANCIENT ISRAEL

SULZBERGER
is

433

The chapter
reading. 36
It

in

which the narrative occurs

well

worth

shows why the Levites

like the ger, the

yatom and

the almanah are located bistiareka or be-kirbeka {within


thy gates or in thy circle).

They

are

all

resident on the
are.

estate of the

owner

in

whose employ they

wide-

spread notion that these words refer to residence


at large,
of
is

in Israel

clearly inept.

They

point directly to the land


his control.

an individual and relate to persons under

When

a central sanctuary was established, perhaps

at Shiloh, a

new governmental

policy

was

instituted.

The

sanctuaries on private estates were to be discontinued.

They were an

obstacle to the unity of the state and more-

over tended to perpetuate pagan practices.

The measure designed


stitution of a

to abolish

them was the


in

in-

system of pilgrimages to the central sanctuary.


every year,

There were to be three of these pilgrimages


one on Pesah, the next on Shabu'ot and
of
all,

last

and greatest

Though the ordinances commanding these pilgrimages were doubtless observed, the result was not what had been hoped for. When the owners
the one on Sukkot. 37
their retainers returned

of the private sanctuaries with

home,

many

of

them adhered

to their ancient customs

and

consulted their Levites as of yore.

To overcome

this,

inducements were offered to the

Levites coming from these estates to remain at the central

sanctuary, which movement,

if

successful,

would

finally

cause the local sanctuaries to wither


perish from inanition.

away and
was

in the

end

The ordinance on
effect the purpose.

this subject

well adapted to

It is as follows:

"And

if

(when) a Levite come from any of thy gates


1

"Jud. chap. 17. "Exod. 23.14-17; 34.23; Deut. 16.16; Chron. 7.8, 9.

Kings

8.2. 65; 2

Kings 23.23; Xeh. 8.18;

434

THE JEWISH QUARTERLY REVIEW


all

(me-ahad she'areka) out of


sham), and come

Israel,

where he

lives

{gar

with all the desire of his soul unto the

place which the Lord shall choose; then he shall minister


in the

name of the Lord his God, as all his brethren the Levites do, who stand there before the Lord. They shall
like portions to eat, beside that

have
ing

which
3*

is his

due accordthe J.P.S.

to the fathers'

houses

'

('al ha-abot).

This

is

version.

A. V. renders the last phrase "that which cometh

of the sale of his patrimony,"

and

this translation

is

adhered

to

by the English and American Revisions.

That

all

these renderings are inadequate seems clear.

What
Levites

the

ordinance really meant was,

that

the

local

who would remain

at the central sanctuary, were

allowed to do so without abandoning their local position

and emoluments.
if

Many would

have dreaded the change,

it

involved the loss of what they had, because of the


that their position at the central sanctuary would
if

fear

be uncertain, and that

they should be deprived of

it,

they would be turned loose upon the country and be compelled to

wander round

in

order to obtain proper places.

Hence, the provision that they should retain what


they had at home namely "that which belonged to the
abot
11

the latter word meaning the country Levites themIt will

selves.

be remembered that Micah employed his

Levite as Koheu and as Ab. 39

We may
ger,

now

close

the
in

discussion

concerning

the

yatom and almanah,


laborers
of

the belief that


origin

their position
sufficiently

as
i

non-Hebrew

has

been

stablished.
it

behooves us now
labor-classes.

to inquire

concerning the existence

ol

Hebrew

Our information on

this point

is

derivable from observin

ing the texts relating to ger,


6, 7, s.
i

yatom and almanah

order

MO.

STATUS OF LABOR IX ANCIENT ISRAEL

SULZBERGER

435

to learn whether, associated with these,


classes of persons
if

there are other

who

are laborers like themselves, and

there are such, whether they differ from the ger in that

they are of pure Hebrew blood.

The

sixteen
are, as

instances

which speak of the

ger,

yatom and almanah

has been

said, divisible into five classes:

Of the

first class

referring to oppression of ger,

yatom
five of

and almanah by

their

employers there are

six,

and

these are connected with other terms denoting classes of

persons in the same category as themselves, to wit, free


laborers.

Following the order just adopted


first

we

find

that the

of the six texts, to wit,

Exodus

22.20, 21, associates

the following classes:

The

'ani

'immak (which
41
,

would render, the

'ani in

thy employ), 40 thy rea

the dal 42 and the ebyon.

The second of these six texts, Jeremiah 7.6, is accompanied by the rea' .^ The third of them, Jeremiah 22.3, is associated with the
rea' 45

and with the

'ani we-ebyon.* 6
is

The
The
and

fourth of them, Ezekiel 22.7,


'ani

followed

by the

rea' 41

and by the
fifth of

we-ebyon^ while.
7.10, utters ger, yatom,

them, Zechariah

almanah

'ani in
sixth,

one breath.

The

Malachi

3.5,

adds none of these terms, but

introduces the sakir in the same sentence with the ger,

yatom and almanah.

These terms
ger,

for persons in a position similar to the

yatom

and almanah are not

fanciful

superfiuitic-.
is,

They denote
'ani, the rea'
,

a substantial distinction, which


the dal

that the

and the ebyon are Hebrews, while

the others are the native Canaanites and their progeny,


Exod.
22.24.

"Ibid. 22.25.

"Ibid. 23.3; 30.15. "Ibid. 22.17.

"Ibid. 23.6, 11.


1

"Jer. 7.5.

"Ibid. 22.13.

<'Ezek. 22.

2.

"Ibid. 22.29.

436

THE JEWISH QUARTERLY REVIEW


laborers for their

who have become


scattered through
to

Hebrew conquerors.
this conclusion
If

There are some valuable hints favoring


the texts,
e.g.
:

thou lend

money

any

of

My

people even to the 'ani 'immak, 49 thy brother,

thy

'ani,

thy ebyon; 30 the ebyonim of thy people; 51 an ebyon,

one of thy brethren; 52 thy brother, the ebyon. 53

"Thou

shalt not respect the person of the dal, nor

favor the person of the mighty; but in righteousness shalt

thou judge thy jellow" ('amiteka) ('amit wherever


refers to a fellow-Israelite). 54

it

occurs

The dallim As regards


is

of the

'Am

(referring to Israelites). 55

the rea' there can be no doubt the word

in

direct contrast with ger

which

refers

to the non-

Israelite.

Its use for Israelite is exemplified in the follow-

ing: "Thou shalt not go up and down as a tale-bearer among thy people, neither shalt thou stand idly by the blood of thy rea'. Thou shalt not hate thy brother
. .

in

thy heart;

thou shalt surely rebuke thy

'amit.

Thou

shalt not take vengeance, nor bear grudge against

the children of thy people, but thou shalt love thy rea' as
thyself.
.

." 56

Note that
him as

later

on

in

the

same chapter,

there

is

exactly
shalt

the same wording with reference to the ger:


love
thyself. 57

Thou

The
ger,

sakir

whom Malachi

mentions

in

addition to the

yalom and almanah had a rather complicated history.


firsl

At

he was a mere sub-division of the ger; later on a

class of
lit

Hebrew sekirim arose and the


side. 58

ger sakir

and the

brew sakir existed side by

Probably by Malachi's
dis-

time (he was aboul 300 years later than Amos) the
tinction between the
all

two classes had become obliterated and


1

the sekirim were regarded as of genuine

[ebrew stock.
"Deut
19.16, 17, 18

Bi
L9.15.

ii.

"Exod.
Jer. 39

23.11.

10,

"Lev.

*Ubid. 19.34

.11

STATUS OF LABOR IX ANCIENT [SRAEL


It
is,

SULZBERGER 437

of course, unnecessary to of laborers

remind you that the


all

special

meaning
is

here attributed to

these

words

not generally accepted.

The
is

general meaning

of 'ani, according to the Dictionary

"poor, afflicted,

humble"; that
dal:
fellow. "59

of ebyon:

"in want, needy, poor;" that of


rea'
:

"the poor" and that of

"friend,

companion,

The
to

disparity need not surprise


in

us.

We

have but

remember that

pretty nearly every language, English

who are not lich, but who work for a living are curtly called "the poor". 60
Indeed Murray illustrates his definition by quoting from Burke who denounces as base and wicked, the canting phrases of demagogues about

not excepted, the great mass of people

"the laboring poor."

One might almost

suspect the great orator of speaking

under the inspiration of the philosophy of our Book of Proverbs, which dubs the arrogant upstart, who dwells
in fancied superiority
(les)
61

over his fellow-men, "the scorner"

and,

much

to his disadvantage, contrasts

him with

his

the humble men, the laborers ('aniyyim). "The Lord scorneth the scorners (lesim) but giveth grace
betters,

unto the 'aniyyim." 62

"The

rich

man

('ashir)
(dal)

is

wise in his

own

eyes;

But the poor

that hath understanding

searcheth him through." 63

A
will

comparison of the texts relating to "the poor"


reference to

show that they have no

mere paupers,

but that they deal with substantial citizens whose labors


contribute to the general welfare.

Mere paupers
free of obligations.

are

essentially

different.

They own
to

nothing, they
It follows

They are owe nothing,

and are creditors

no man.

that they have

M Brown-Driver, pp. 2, 195, 776, 945. "Webster's Unabridged p. 1012; Murray's (The Oxford) English Dictionary,
,

vol.

7,

pp. 1114, 115.

'Prov. 21.24.

"Ibid. 3.34.

Prov. 28.11.

438

THE JEWISH QUARTERLY REVIEW

no occasion to sue and no


whole machinery of

man

thinks of suing them.

The

civil justice is to

them a mere

spectacle.

As
is

to being victims of extortion or of oppression the thing

impossible.

refused a

The worst that can befall them is to be gratuity. Beyond that they cannot be victimized.
texts that

The
sessed of

we

are considering deal with quite

another kind of persons.

Though not

rich

they are pos-

some property, they can borrow money, they

can sue and be sued and they are liable to pay public taxes.

The Book
upon

of

Exodus contains seven

texts

which bear

this subject.
first,

The
animal

which has been commented on

in

an

earlier

lecture of this series, relates to the rea' from


is

whom
its

an

hired,

sometimes to be worked by

owner,

and sometimes by the borrower or by another

in his behalf. 64

The second
to

refers to the 'ani:

"If thou lend

money

any

of

my

people, to the 'ani 'immak, (the 'ani in thy

employ) thou shalt not be to him as a creditor, neither


shall

ye lay upon him interest." 65

The

third refers once

more

to the rea':

"If thou take


it

thy rea"s garment to pledge, thou shalt restore

unto

him by that the sun goeth down;


ing,
it is

for that

is

his only cover-

his

garment

for his skin;

wherein shall he sleep?" 66

The

fourth refers to the dal:


. .

"Thou

shalt not follow

the multitude to do evil;

neither shalt thou favor


fifth refers to

the dal in his cause", while the

the ebyon:

"Thou
ebyon
in

shalt

no!

divert

justice

(mishpat)

from thy

his causi

The
the
to
(

sixth

also

refers

to

the ebyon:

The produce

of

t.illou
.it
.'
"

year shall be lor "the ebyonim of thy people"

liilc

Tlic
NExod.
od.

seventh recurs to the


22.1
23.
t.

dal.

It

provides for a census-

?.
'.-

Hgxod. n.i>.:<,
I

STATUS OF LABOR
tax.

IX

ANCIENT ISRAEL
shall

SULZBERGER 439

Everyone numbered

pay

half a shekel:

"The

rich (he-'ashir) shall not give more,


shall not give less.
. .

and the poor

(ha-dal)

."

69

This group of Exodus texts


aspects.
It

is

of interest in various

and the Jeremiah group

of analogous texts
,

are the only ones which


'ani, dal

employ

all

of the four terms rea'

and

ebyon.
is

What however
the

more important

is

the fact that

all

members

of

all

the classes mentioned have either some

property or some credit.


text as the

The

rea'

is

represented in one

owner
in

of

an animal which he hires out for

money, and

another he borrows money, pledging his

garment
on

for its

repayment.

He

is

probably always poor,


like the sakir to

but sometimes very poor and seems


his daily

depend
requires

wage

for his living.

The ordinance

that this pledged garment shall be handed to him at night


so that he

may have

a covering needed for sleep.

Such
is,

a loan must therefore finally rest on credit, that


lender

the
his

must believe that the borrower, once having


will

garment,

not refuse to work to pay

off

the debt.

The

'ani, in

one

text, is represented as

being credited

with a loan without a pledge, the creditor apparently


believing, not only that he will

pay the debt, but

will also

pay

interest thereon.

The

ordinance, however, interferes

with such a contract by declaring the exaction of such


interest illegal.

This subject of interest for money loaned or


(increase)
for victuals loaned

tarbit

was an important feature

of labor conditions in the ancient world.

The wages

or

other compensation must have been so scanty that when-

ever anything beyond the ordinary occurred in a laborer's


family, he

was compelled

to resort to a loan to tide

it

over,

and

for this loan interest or increase


30.15.

was exacted.

No

"Exod.

440

THE JEWISH QUARTERLY REVIEW

one but the employer would lend the money to these


laborers

and there was

practically
it

no opportunity to earn

a surplus wherewith to pay

back.

On

the contrary, as

new

difficulties arose there


it is

would have

to be

more

loans.

When
it

remembered that the great Babylonian empire's


of interest

normal rate
will

was three times


terrific

as great as ours,

be seen with what

rapidity a loan would be

doubled.

The

natural effect of such conditions

was that
the vain

the poor laborer would have to


effort to

work

all his life in

reduce a debt which was steadily mounting.

He

would

in short

be

in

a position barely distinguishable from

slavery.

That the

ger

were at

first in

this condition

is

fairly

inferable from the

words of Moses
the

in describing the evil

consequences which

non-observance of
is

the

Lord's
.

law by Israel would entail: "The ger that


shall lend to thee

in

thy midst.
70

and thou shalt not lend to him."


working-classes, the latter

With

the rise of
ject to the
evil

Hebrew same practices, and the problem


insistent.

became subof curing the

became

The
any

result

was the ordinance which forbade the chargand afterwards to


finally

ing of interest for loans to the 'ani 71


Israelite

who had become impoverished 72 and


an unmitigated
alien,

to the sweeping prohibition to take interest from

any one

but a nokri
effect of this

a foreigner. 73
relieved the ger,

was far-reaching

for

it

The who

had by that time


it.
it

either reached assimilation or

approached
directly,

While
is

this
in

consequence

is

nowhere stated

implied

the ordinance which forbade the charging

of

interesl

to

an

impoverished

Israelite

get we-toshab

and no

interest or increase

who must be may


accomplish-

be asked of him.

74

This, however, was not


>

the limit of
"Lev.
25. .55-37.

its

28.4

"I

"I..

STATUS OF LABOR IN ANCIENT ISRAEL SULZBERGER 441


ment.
It practically

acted as an obstacle to the developof

ment

of

commerce, evidently on the matured policy

favoring

and

stimulating

agricultural

activity.

Trade
most

and commerce were


probably,
of

to be left to the nokri, meaning,

the

Phoenicians,

the Tyrians.

Isaiah speaks
all
it

Tyre as destined "to have commerce with


of the world"
75

the kingas

doms

and Ezekiel addresses


for

"the

merchant of peoples

many

isles" 76

while

Proverbs
for

and Job both use the word kena'ani


"merchant." 77

(Canaanite)

However discouraging
was

this state-policy of the


it

Hebrews
to.

to mercantile adventure,
interest

was

steadily adhered

"Take no
all

from an Israelite" was the slogan.

Like

forcible
it.

prohibitive

measures there were those who


especially bitter

violated

Ezekiel

is

on such, holding While


his

them
for

to be criminals of the deepest dye. 78

denunciation

may have been


it

intensified

by ultra-enthusiasm
shall sojourn in

the cause,

nevertheless reflected general opinion.

A man

entitled to respect, one


is

"who

thy

tabernacle"
interest." 79

he "that putteth not out his


of Proverbs
is

money on
and
in-

The wisdom
it

equally condemna-

tory

"He

that augmenteth his substance


for

by

interest

crease, gathereth

him that

is

gracious to the dallim." 8


to stray

We

must not however permit our attention


considering

too long from the texts concerning the

man which we were


And now
The
dal
is

Hebrew workingwhen we lighted upon

the subject of interest on loans.


to resume:

spoken of

in

one text as

liable to a fixed

capitation tax, like

any other

citizen rich or poor,

which

necessarily involves the idea of his having or claiming to

have a valuable interest of some kind worth striving

for.

The ebyon
"Isa. 23.17.

too

is in
27.3.

one text viewed as having such a


"Prov. 31.24; Job 40.30.
*>Prov. 28.8.

"Ezek.

"Ezek.

18.13.

"Psalm

15.5.

442

THE JEWISH QUARTERLY REVIEW


In the other case he
is

case at law.

made

to receive a

quantum

at least of the produce of the fallow year.

The
First,

questions raised in this instance are complicated.

we must understand what


The
first

the fallow year


it
is

is.

provision respecting

as follows:

"Six years thou shalt sow thy land, and gather in


the increase thereof; but the seventh year thou shalt
it

let

rest

and

lie

fallow

and the ebyone 'ammeka

shall eat

and

what they leave the beast

of the field shall eat.

In like

manner thou
oliveyard." 81

shalt deal with thy vineyard

and with thy

This curt paragraph cannot possibly be the whole

law on a subject so intricate and so important.

It

would

seem to have behind


familiar to
all,

it

a body of traditional or oral law


it is,

and

to be stated as

merely to introduce

new

feature to be added to the old


is,

common

law.

There

however, another provision, which being


light

more extended, throws


is I

upon the whole

subject.

It

found

in Leviticus.

"When ye come into the land which


sow thy
field,

give you, then shall the land keep a Sabbath unto the Six years thou shalt

Lord.

and
in

six years

thou shalt prune thy vineyard, and gather


thereof.

the produce

But
rest

in

the seventh year shall be a Sabbath of

solemn

(Shabbat Shabbaton) for the land, a Sabbath


field,

unto the Lord; thou shalt neither sow thy


tin

nor prune

vineyard.

That which groweth

of itself of thy harvest

thou shalt not reap, and the grapes of thy undressed vine
thou shalt not gather;
it

shall

be a year of solemn rest

(Shenat Shabbaton) for the land.


of the land shall be food for

And
:

the S.il>l>ath-produce

you

for thee,

and

for

thy 'ebed

and

for

thy amah and


(in

for
;

thy sakir and for thy tosh ab living


for the beasts

'immak

thy employ) and for thy cattle and


all

thai arc in thy land, shall


i
i

the increase thereof be for food."

13.10,

u.

STATUS OF LABOR IN ANCIENT ISRAEL

SULZBERGER
and ye
in

443

"And
until
if

the land shall yield her

fruit,

shall eat

ye have enough, and dwell therein


shall

safety.

And
I

ye shall say: 'What

we

eat the seventh year? behold,

we may not sow, nor gather in our increase;' then will command My blessing upon you in the sixth year, and it shall bring forth produce for the three years. And ye
shall

sow the eighth year, and eat


(yashan)
in,
;

of the produce, the old

store

until

the ninth year, until her produce

come

ye shall eat the old store." 82


refer to the

That these two provisions


tion
is,

same

institu-

of

course,

obvious;

but there are noteworthy

distinctions.

In the former, the year


is

is
is,

not given a name.

There

no substantive

for

it.

It
it

however, characterized by

the verbs shamat (to

let
is

rest)

and natash

(lie

fallow).

From

this

verb shamat

derived the

name
is

for the release-

year (shenat ha-shemittah) of Deuteronomy. 83


year, being the

This release-

same seventh

year,

closely related to

the fallow-year of Exodus and to the Sabbatical year of


Leviticus though
it

does not speak of the land.

It
its

was,
pro-

what we
visions:

call,

a statute of limitations.

These are

"At the end

of every seven years thou shalt

make

release (shemittah).

And

this

is

the

manner
shall

of the release:

every creditor (ba'al mashsheh yado)

release

that
it

which he hath lent unto


his rea'

his rea';
;

he shall not exact

of

and

his ah

(brother)

because the Lord's release


it,

hath been proclaimed.

Of a nokri thou mayest exact


is

but whatsoever of thine

with thy brother thy hand shall

release unless the time should

come when

there shall

be-

no ebyon among you.

." s *
.

The

close relation

between these three sorts of years

was apparent

to

Nehemiah when a covenant was entered


"Deut.
15.9; 31.10.

"Lev. 25.2-7, 19-22.

"Deut. 15.1-4.

444

THE JEWISH QUARTERLY REVIEW

into to observe the ancient laws

among which were "the


et

fallow year
ha-shebi'il

and the

release year" {we-nittosh


85
,

ha-shanah
of

u-mashsha kol-yad)

Note here the use

natash just as in

the fallow-year provision of Exodus,


release of debts (mashsha

and the conjunction with the


kol-yad), as in the limitation

law of Deuteronomy.

From
a)

the consideration of the three groups of texts

the following inference

may

be drawn:

The

ancient inhabitants of

Canaan whom
of the

Israel

dispossessed,

had probably the custom

fallow in

every seventh year.


b)

This custom was, after the Conquest, continued

by the Hebrews.
c)
ite

As was common
practices.

in the ancient world, the

Canaan-

fallow

was probably associated with pagan ideas and


text contained

pagan
d)

The Exodus

no reference to

religion
it,

but the Leviticus text was an essential portion of

the

two together being one complete ordinance.


section

This Levitical

gave to the fallow year a

specifically

Hebrew
religious

religious character

and even a

specifically

Hebrew

name, Sabbatical year.


were not expressed
plete
list

It also supplied

the data which

in

the Exodus portion, namely a com-

of those entitled to eat of the fallow-year's pro-

duce, and specific directions as to the

mode

in

which

thrift

should be exercised

in

order to avoid scarcity.

There were naturally to be store-houses

granaries.

That the Hebrews were


pi. iiiil\

familiar with this

mode appears

from the narrative of Joseph's advice to Pharaoh


In these granaries the surplus portion of the
t<>

in

Egypt. 86

crop of the sixth year was


natural produce
"N.h.
in
11.56. igh in
ii
it

be stored, which, with the

<>t

the seventh year,

combined with such


may be aomewbat di
i

iii

text of this verse


biiu
'l

wii. u

with

tin

Septuaginl

v.

lion to

make

the

meaning

unmistakable.

STATUS OF LABOR IN ANCIENT ISRAELSULZBERGER 445


of the crop of the eighth year as

would be available

for

consumption
in

in that year,

would

suffice to

ward

off suffering

it. By the ninth year, the bulk of the eighth year crop would be on

the Sabbatical year and the year following

hand and

all

danger would be past.


beneficiaries of the seventh year produce

As regards the
it

is

to be remarked, that the Levitical section specifies

the farmer, his family, his slaves and his Canaanite laborers

the sakir and the toshab.

When

the

a class or classes of farm-laborers

it

Hebrews had developed was necessary to add

them to the list and they were accordingly added as a new feature of the old common law, ebyone 'ammeka, the
ebyonim of thy people.* 7
as a general term including

The word ebyonim all the Hebrew

is

here used

farm-laborers

by whatever names
be known.
After
texts
this

their classes

might on other occasions

rather

prolix

treatment of the

Exodus

we may now

pass on to the Levitical texts.


five,

Of these there are but

one referring to the

rea',

two

to the 'ani

and two
of them.

to the dal.

The ebyon

is

not men-

tioned in

any
first,

The
ta'ashok

the rea' text

is

as follows:
(lo

"Thou
et

shalt not oppress thy rea' nor rob him,


re'eka we-lo tigzol)
all
;

the wages of a sakir shall

not abide with thee

night until the morning." 88

Here

we have

the rea' tied to the sakir, the wage-earner, and

moreover we have the prohibition against oppressing or robbing him in about the same terms as similar ordinances
against abusing other (non-Hebrew) workers are worded.

The
The
thy
as
also

'ani texts are these:


first

of

them

prohibits reaping "the corner of


of thy harvest"

field"

and gathering "the gleaning


gleaning
of

the

"thy

vineyard;" "thou

shalt

'Exod. 23.11.

ssLev. 19.13; Deut. 24.15.

446
leave

THE JEWISH QUARTERLY REVIEW

them

for

the

'ani

and

for

the

ger."

8'

The

other of them provides:

"When

ye reap the

harvest of your land, thou shalt not wholly reap the corner
of thy field, neither shalt thou gather the gleaning of thy

harvest; thou shalt leave


ger." 90

them

for the 'ani

and

for the

The
is

probability

is

that the term ger in these texts

used

in a sense large

enough to include the yatom and

the abnanah

who

are in fact part of the ger.


here, as in the

These texts further show that


texts,

Exodus
were

the the

Hebrew

'ani

had been recognized


Deuteronomic

as a class.

When

analogous

ordinances

enacted, the beneficiaries were merely the ger, the yatom

and the almanah.'JI

The

'ani

workers had not yet become

of sufficient importance to be arrayed alongside of the


classes of

non-Hebrew workers.
dal texts are these:
first

The

The

provides for an abatement of the offering


to be cured, "if he be dal

demanded of the leper who is and his means suffice not.'"' 2

The
is

significance of this text lies in the fact that the dal

not released from the

payment

of a proper tax, although

the

amount
texts

thereof

is

reduced to suit his circumstances.


is

The other
Exodus
fear or favor:

dal text

a substantial reiteration of the

which dwell on the duty to do justice without

"Ye
paf);

shall

do no unrighteousness
nol

in

judgment (mishnor
righteousness

thou shall

respect

the person of the dal,


in

favor the person of the mighty {gadol)\


shall

thou judge

iliy

neighboi
is

The only
ol

difference

in

the wording and


in

in

the use

the dal and ebyon synonymously

the

Exodus passages
texts
0, 21.

The Book
19.9, in

of

Numbers contains no

having

in

STATUS OF LABOR IN ANCIEN1 [SRAEL

SULZBERGER 447
Deuteronomy,
it

them any

of the

words we
is

art-

considering.

on the other hand,

rich in

them, though

does not

mention the

dal.

The

rea

texts in

Deuteronomy
rea'

are these:

"When thou

dost lend thy

any manner

of loan,

thou shalt not go into his house to fetch his pledge.


shalt stand without,

Thou

and the man

to

whom

thou dost lend

shall bring forth the pledge


l

without unto thee.

And

if

he be an ani, thou shalt not sleep with his pledge; thou


shalt surely restore to

him the pledge when the sun goeth


and
bless thee;

down, that he

may

sleep in his garment,

and

it

shall

be righteousness unto thee before the Lord

thy God." 94

Hard upon

this

Deuteronomy

text follows one relating

to the sakir, 'ani we-ebyon.

The

'ani-ebyon texts are as follows:


shall

"The ebyon
I

never cease out of the land; therefore

command
thy land.'

thee,

saying:

'Thou shalt surely open thy


'ani

hand unto thy brother, unto thy


in " 95

and

to thy ebyon

"Thou
we-ebyon

shalt

not oppress

(lo-ta'ashok)

a sakir

'ani

among thy

brethren or

among thy

ger that are


.

within thy land within thy gates

(bi-she' areka)

In

the

same day thou


sun go

shalt give
it;

him
is

his hire, neither shall the

down upon
.

for he

'ani

and setteth

his heart

upon

it.

.'"J6
l

There appears to be no distinction between the ani

and the ebyon


persons well

in these texts.

Moreover they appear

to

be used adjectively at times, the main thought being that


off in this

world's goods should be kind and

helpful to the poorer classes.

The only workmen who

are

distinctly conceived as a class are the sakir, the laborers


"Deut. 24.10-13.

"Deut.

15.11.

*Deut. 24.12, IS.

448

THE JEWISH QUARTERLY REVIEW


wage

for daily

The

others seem to be visualized in

the

lump

as "the poor." are not reticent on the general subject.


Israel

The prophets

Amos denouncing
of the earth

charges that they

sell

the

ebyon for a pair of shoes, 97 that they pant after the dust

on the head of the dallim and pervert the

right of the 'anawim, 9 * that they oppress the dallim (ha'oshekot dallim)

and crush the ebyonim

99

that they trample


of wheat, 100
(i.e.

upon the dal and take from him exactions

that they turn aside the ebyonim in the gate

deny

them

justice in the court)


l

;ioi

they swallow the ebyon and

destroy the

anawim

of the land 102

and seek to buy the

dallim for silver

and the ebyon


of
his

for a pair of shoes. 103


is

The burthen
and gentry

complaint

that the nobility

of the land

are unmindful of the


latter as

common

people's welfare, look


of their pleasure

upon the

mere instruments

and

will certainly
'ani,

encounter a deserved

doom.

With him the

and the ebyon are the working


is

masses of the country while the dal


farmer.
Isaiah
is

the unsuccessful

not a whit more complaisant to Judah than

Amos

to Israel.
spoil

He

charges that the elders and the princes


of the 'ani in their houses, that

have the

(gezelat)

10 they crush the people and "grind the face of the 'aniyyim." *

And, referring either to Judah or to

Israel or to

both

he denounces "woe unto them that decree unrighteous


decrees and
to

bhe writers that write

iniquity; to turn

aside the dallim from justice (din)


(ligzol

and

to rob of their right


.

mishpat) the 'aniyyim of

my
ideal

people".

." ,o5

Even when he pictures an


wicked

government

for

the

future he cannol forbear a thrusl against the


of the present,

il>-

'arts

and the arrogant

mean magnates les, who

STATUS OF LABOR IN ANCIENT ISRAEL


will
in

SULZBERGER 449

better times disappear with the consequence that


in

the 'anawim shall rejoice


exult in the

the Lord and the ebyonim shall

Holy One

of Israel. 106

When

a true Davidic type of king shall be restored,

"with righteousness shall he judge the dallim and decide


with equity for the 'anawim of the land." 10 ?
Jeremiah, too, berates the magnates of Judah: "They

do not award

justice (mishpal) to the ebyonim." 10*

"Do
ger,

justice

between a

man and

his rea', oppress not

yatom or almanah" 100

He bitterly denounces the King Jehoiakim: "Woe unto him that buildeth his palace by
eousness,

unright-

And

his

chambers by wrong,
his rea"s service for

That useth

naught

of

And giveth him no wage for it." 110 And contrasts his corruption with the his father King Josiah: "He judged the
it

righteousness

cause of 'ani

and ebyon, and

went

well with him." 111

When
last

Babylonian

supremacy made Zedekiah

the

king of Judah before the Captivity, a wave of contri-

tion

seems to have swept over the land because

of the

breach of the laws relating to Hebrew laborers, slave and


free.

Under

its

influence there

was enacted a solemn

resolu-

tion to

obey these laws

in future.

When

the peril under

which that action was taken seemed past, the old abuses
were revived.
This called forth Jeremiah's denunciation:

"Thus

saith the Lord:


liberty,

Me

to proclaim

every

Ye have man

not hearkened unto


to his brother
will give

and

every

man

to his rea';" 112

and therefore "I

them

into the

hand

of their enemies

and into hand

of

them that
him

seek their life."" 3


Ezekiel enumerates
Ibid. 29.20,
Jer. 22.13.
19.

among
' 9

his vicious criminals


Jer. 5.28. Jer. 7.5. 6.

"Isa. 11.4.
">/&/. 22.16.

" 2 Jer. 34.17.

u*Ibid. 34.20.

450

THE JEWISH QUARTERLY REVIEW

that "hath wronged (honah) the 'ani and the ebyon, taken

by robbery
Israel,

(gezelot

gazal)" 11 * and indicts the princes of

for

having committed grave crimes, among them


re

having gained from their


(be-'oshek)
11
*

im by extortion or oppression
plunder
robbery.

which

profit he here stigmatizes as


it

(besa'), just as in

the text before quoted he calls

Enlarging upon his theme, he inveighs against the

'am ha-ares for similar offences, which he characterizes


as
oppression('os/ze)

and robbery

(gazel).

The crimes

charged are "having wronged (honu) 'ani and ebyon and


oppressed the ger contrary to law. II(J

Zechariah speaks

in

the

same

strain

"Thus hath the Lord


true justice,
his brother.

of hosts spoken, saying,

Execute
to

show mercy and compassion every man


."" 7

Oppress not (al-ta'ashoku) almanah, yatom,

ger or 'ani.

Malachi while speaking on the same subject makes


no mention of a
he warns
specific class of

Hebrew

laborers.
sakir,

While

against

unfair

treatment of

almanah,

yatom or

ger,

he does not mention


lived

rea', 'ani,

dal or ebyon.
after

As he probably
remote that

and worked during or shortly


Nehemiah, the inference
is

the advent of Ezra and


in

not

the restored

Commonwealth,
The social

the

Hebrew
between

laborers held a position superior to that which


theirs before the Captivity.

had been

conflict,

the nobility and gentry on the one hand and the laborers
.uid
i

he

less successful

farmers on the other, had been greatly

reduced.
tlii

The hlth chapter of Nehemiah seems to confirm

view." 8
I

he Proverbs too throw lighl on our subject:


<>!

"The oppressor Coshck\


Makei
Hut
'I

the dal blasphemeth

his

lie
IX. 2.
5
I

thai

is

gracious

i<>

the ebyon honoreth

Him.""9
I,.

I'M
<

>.

7 .).

in

">N.

I,

iwPro

it

It.

STATUS OF LABOR

IX

ANCIENT ISRAEL
rea',

SULZBERGER
again,
it

451

"Say not unto thy

Go and come
to

To-morrow

will give

when thou hast

by thee." 120
unto the

"He
Lord.'* 121

that

is

gracious

the dal lendeth

"He

that oppresseth the dal for gain

Will pay to the rich {'ashir)

and come

to want." 122
is

"Do

not rob

(al-tigzol)

the dal, because he

dal,

Xor crush the

'ani in the gate"

(at the local court

sitting in the gate). 123

"The king that


His throne

faithfully judges the dallim

shall

be established forever." 124

"There

is

a generation whose teeth are as swords,

and

their great teeth as knives,

To devour

the 'aniyyim from off the earth, and the

ebyonim from among men." 125

"Open thy mouth, judge righteously, The cause of 'ani and ebyon." 126
Job too describes transgressors of the kind we have
been considering:

"They drive away the ass of the yetomim, They take the almanaJis ox for a pledge, They turn the ebyonim from their right,

The \anawim of the land "They take pledge from

hide themselves together." 127


the 'ani

So that they go about naked, without clothing, Carry sheaves and remain hungry,

Tread winepresses and

suffer thirst." 128


is

The
originally

conclusion to be derived from the texts

that

the various names for the


suggest

Hebrew poorer
disparity

classes, did

not

any

great

among

them.

Their multiplicity

may have

been due to

local, to

temporary

or to dialectal causes.
lbid. 3.28.
'Ibid. 29.14.
128

i-iProv. 19.17.
'-'Ibid. 30.14.

"VWrf. 22.16.
*Ibid. 31.9,

"/6id. 22.22.
'-"Job 24.3. 4.

Job

24.9. 10, 11.

452

THE JEWISH QUARTERLY REVIEW

The
is

notion that they were

all

recipients of charity

old

and wide-spread.

Indeed, in one instance A. V. goes

so far as to translate ebyon, straightway,

by beggar. 129

My

hope

is

that such ideas

may

be finally dismissed.
is

Actual beggars or actual beggary

perhaps nowhere
passages

mentioned
referring to

in
it

the

Bible.

The two
spirit.

strongest

are to be found in the Psalms.

They

are

both utterances of the lowly

The
the land

first is

the thirty-seventh Psalm.

It rejoices in the
I3

prospect that the 'anawim shall inherit


to depress the
in

and that the wicked who design

'ani we-ebyon shall be baffled, 131


this hopeful strain: old, yet

and sums up experience


I

"I

have been young and now

am

have

not seen the innocent forsaken nor his seed

begging bread (mebakkesh lehem). 122

The second
Psalmist
his
is

is

the one hundred and ninth Psalm.

The

represented as dwelling on the malignity of

enemies and invoking against them and their progeny the

sternest retributive justice: "Let his children be

vagabonds
for the

and beg.

." (we-shielu)

,3i
.

Such a

fate he

demands

powerful oppressor

who "persecuted

the 'ani we-ebyon." 13 *


in

While the picture of beggary, present


the Psalmist, musl

the

mind
yet

of
it

have been derived from


is

life,

presents no actual condition, but


tive suggestion.

in

both cases an imagina-

Certain

it

is

that the 'ani we-ebyon

whose
be

voice

we hear has nothing


to oppression

in

common

with this hypothetical

nor with any actual beggar.


subjecl

He may,

it is

true,

by

his

employer, but he can have

recourse to the Courts and he will obtain justice.


there
is

Indeed
juris-

nothing more admirable


laid

in

any system of
in

prudence than the principles


to govern
i

down

the Mosaic law

the administration of justice.


Jra
i.\i
I.

iin

17.14.

" P aim '7.25.

Im 109.10

Jm

109.16.

STATUS OF LABOR IN ANCIEN1 [SRAEL

SULZBERGER 453

of Moses to the judges was: "Hear the causes between your brethren, and judge righteously between a man and his brother, and between a man and his ger. Ye shall not respect persons in judg-

The charge

ment, ye shall hear the small (katon) and the great (gadol) alike; ye shall fear no man, for justice (mishpat) is God's." "
1

important Exodus passage indicates the danger that tribunals might be influenced by popular prejudice,
the voice of the crowd.

An

"Thou
evil,

shalt

not follow the crowd

...
cause

to pervert justice;"
(be-ribo).

(rabbim) to do and do not favor the dal

in his

Thou

shalt not wrest the

judgment

(mishpat) of thy ebyon in his cause. 136

"Ye

shall

do no unrighteousness

in

judgment (mishpat)

thou shalt not favor the dal or the gadol; but in righteousness shalt thou judge thy neighbor (' amiteka) ."'"i

"Thou

shalt

not

wrest judgment,
gift.
.

thou shalt

not

respect persons, nor take a

."^
:
.

"Thou shalt not pervert the justice due to the ger. ." "Cursed be he that perverteth the justice due to
the
ger.
.

."'i

Isaiah, denouncing injustice in the courts declares that unrighteous judges "turn aside the dallim from justice
(din)

and rob

(gazal),

'aniyyim of their right (mishpat).

."w

Jeremiah too declares of such that they do not judge


the right (mishpat) of ebyonim."^-

Whatever the
poorer classes,
of
it

origin of the four

names
in

for the

Hebrew
This

would appear that


specific

the event only one

them developed a
dal.

and peculiar meaning.

was the

Just as the landless Canaanites had become the sakir and those who had been landholders before the Conquest had become the toshab, so there was a somewhat similar
u *Deut.
1.16, 17.
i3E.xod. 23.2, 3. 6.

^Lev.
>Isa. 10.2

19.15.
'J.
r.

"SDeut. 16 IV
5.28.

"Deut. 24.17.

Deut. 27.19.

454

THE JEWISH QUARTERLY REVIEW


the Hebrews.

movement among

The

landless ones
1

became
on the

in general, the ebyon, the 'ani, the rea

and

later

sakir, while the landholders

who were

in

danger of losing
dal.

their farms or

who had
the

actually lost

them became the


B.C.,

Amos,

in

eighth century
(Israel)

denouncing the

Northern government

declares that "it tramples

upon the dal" taking from him unreasonable proportions of his wheat, and rails at the luxury and extravagance of
those

who

thus abused their taxing-power.


calls

This burden-

some wheat- tax he

mas 'at-bar
in

I43
.

That even before Amos, there were unsuccessful landowners appears incidentally
of the selection of

the narrative which


shofet of Israel.

tells

Gideon to be the

When

the deputation waited on him to tender him the great


office,

he was found threshing wheat.

In his reply he

modestly deprecated

his fitness for the post describing his


its

family or clan as dal and himself as

humblest member. 144

The
of

dal farmers persisted as a class until the downfall

the Judean

Kingdom

(586 B.C.) and even then, they

were not deported but were favored by the Babylonian


Conquerors.

The
are?
l* s

record, after reciting the classes that were de-

ported, adds:

None remained save

the

dallat

'am
,

ha-

or as they are otherwise called dallat-ha-ares

who
to

were left to be vine-dressers

and husbandmen.' 46
conquerors

The
dal at

policy

of

the

Babylonian

was

deport the magnates and the powerful, but to leave the

home

to continue the cultivation of the land.


to

And now
At the

sum up

the result of our inquiries:

final

conquesl of Canaan, the Hebrews took


it

the land of the Canaanites and divided

among themworkingmen.
.1.1

selves, retaining the previous inhabitants as

Mo^t

of

these remained settled


'" Jii.l. '..is.
|.
-

<>n

the land
24.H

peasanl

MAmM5.ll.

w2 Kings

1.1

,16.

STATUS OF LABOR

IN

ANCIENT [SRAEL

SULZBERGER 455
while
those

population and these were called toshabim,

who were not so settled worked for daily wage as sekirim. The general term applied to both classes was ger (literally,
stranger).

When

one of these gerim died

his family

were

not driven out of their humble cottage, but remained on the land and worked on it. Hence the locution ger, yatom

we-almanah which occurs so frequently as descriptive of the conquered population.


This word ger has undergone curious transformations.

At

first

and

for

many
in

centuries

it

simply meant stranger.

When Abraham,

addressing the Hittites, called himself

in that sense. After the Hebrew conquest had subjected the Canaanites, it acquired, the

a ger he used the word

additional

meaning

of laborer,

and

this

it

retained during

the whole period covered by the Biblical writings, even


to a time
Israel

when the

ger

and the

distinction

had been thoroughly absorbed in had no application in real life.


social conditions

The Book

of Proverbs so replete with keen observation


reflection
it

and profound and the

on

never mentions

the word, while


dal

speaks abundantly of the ebyon, the

'ani classes of

workingmen.

When

it

was

written, say three hundred years before the present era,

the descendants of the ger were undoubtedly classed with

Hebrew workingmen and were not known by any other name. The only way in which the word survived was
the
that in consequence of the historical facts,
it

gradually

and insensibly came


Greek translation
made.

to

mean a

proselyte.

It

had acquired

that meaning more than two thousand years ago

when

the

of the Bible, called the Septuagint,

was

Wherever the

text refers to the gerim


version, without

considering, the

Greek

we have been much regard for

historic probability, but evidently in accord with current

speech, renders proselyte.


in

Its earliest
I

use in that sense


the Mishnah,

any Hebrew writing that

know

of, is in

456

THE JEWISH QUARTERLY REVIEW

written probably about the year 200 of our present era,

though

it

had probably been used

in

common

speech for

centuries before, to designate individuals of foreign stock

coming

in
it

to adopt the religion of the Hebrews.


retains to this day.
this

That

meaning

It is a curious philological

phenomenon that while was eschewed in Hebrew


Esther
(written

use persisted in speech,

it

writing.

When,
of,

in the

Book

of

perhaps

contemporaneously

with

the

Septuagint) such proselytes are spoken


called ger nor indeed

they were not

by any other substantive.


for

They
which

were described by the action taken by them,

purpose the Hebrew writer invented a new reflexive verb.

There
in the

is

but one instance of

its

use:

Esther 8.17, and this

form of a participle:

mityahadim or as we might

say "judaizing themselves."


Closely associated with
this

ger

in

the records,

is

another class called the ezrah.


as being either

They

are not mentioned

workmen

or as belonging to the poor.


civil

Their position as regards

status seems to be on a

parity with that of the whole


difference
tell
is

body

of Israel.

The only
the texts

in

religious matters.
fairly infer that

From what

us

we may

they were a large and com-

pact body of voluntary proselytes, and the only clue to

such a movement leads us back to the very beginning of


the

Hebrew

nation.

At the Exodus from Egypt, a con-

siderable

body

of Egyptian natives attached themselves


tin

to Israel with

determination to become a part thereof

and

to share
for

its fate.

The

records give us two contemptuous

name-

them:

'ereb rah

and asafsuf, both

fairly

rendered

by "the rabble."
ii.

Thai there should have been no right

line

for

them Seems impossible.

When we

reflect
in

that

the Israelites looked


tin

upon themselves as gerim

Egypt,

probability that by
"

way

<>f

contrasl they called these


In their language,

Egyptians "nativt

eems reasonable

STATUS OF LABOR
ezrah

IX

ANCIENT ISRAEL

SULZBERGER
is

4.57

meant

native

and the conclusion

easy to reach

that this body of proselytes was called ezrah.

From
was
all

the texts

it

plainly appears that their reception

cold.

Willing as they undoubtedly were to assume


civil,

the duties,

military

and

religious,

imposed on
full

Israelites,

the latter would not at once admit them to

religious equality,

but insisted that they should

rise

to

that height, by degrees.

Notwithstanding

this

repugnance,

their full assimilation to Israel

must have been achieved


up
to the ger

at a very early period, since they were held as an

example and a model

whom

they should imitate

and might hope to reach.

It is significant that

none of the

prophets ever mentions, the ezrah save only Ezekiel in the


course of a vision replete with learned historical memories.

The
to full

stages of the advance of the ezrah


in Israel,
I

and

of the ger
to sketch.

membership

have endeavored

At

all

events, the end

was reached, though the memory


was not quite
effaced for centuries.

of their different origins

To

the great body of Canaanite

there

was

finally

workmen and their progeny, added a large Hebrew element.

The dream of an equality of property and of prosperity indulged in by the conquerors was, naturally, not realized.
Whether there was a
householder
is

piece of land assigned to every

doubtful.

There were probably many who


if

never received any.

But even

this

were not

so,

there
dis-

would be not only differences

of soil

and climate but

parity of ability and efficiency, both causes of varying


results.

Despite the best intentions, some grew rich and

others slid into poverty.


It

was inevitable that


and
finally rea'.

classes

of

Hebrew

laborers

would be formed, and to these were given names: ebyon,


'ani, dal

Of

all

these classes only one,

the dal

came

to

mean

the unsuccessful farmer, who, though


still

he did not prosper, was

able to hold on to his land

458

TH3 JEWISH QUARTERLY REVIEW


it

cultivating

by the

aid of his wife

and children and


returns

in

many

cases supplementing

its insufficient

by worktherefor.

ing part of the time for others,

and receiving wages


in

Needless to say, extreme prosperity

some

raised a

brood of greedy and avaricious

men ready

to tyrannize

over their poorly-endowed neighbors.

The whole

Biblical literature

shows an age-long struggle


favor of the latter was

against this class and in behalf of the poor, and establishes

the fact that the

movement

in

largely successful, so that not only the

Hebrew

laborer

but the ger were greatly improved


especially after the

in

condition,

more

Return from Babylon.

Classes of beggars or paupers there were none.

The

frequent use of words denoting poverty

meant no more
and those who

than to mark out the

line

between the

rich

had to earn their living by manual labor.


In a

word the

stranger

and the poor

of our versions,

were both important and useful constituent parts of the

body
the
in

of Israel,

and were,

in

the last analysis, neither strange


in

nor poor, because they fully shared

the intimate

life

of

community and earned an honest


its

living

by

their labor

behalf.
fairly

So that we may
the
protection
initiated
in

say that a great movement for

and improvement of the laboring mass


Israel

was

more than three thousand years


its life

ago and continued to permeate

and

its literature,

becoming indeed
the people.

part

of

the

mental constitution of

While the records


not

of

the

i 1

>1

on the subjed

may
it

have been

fully appreciated,
l\
tli<-

the

main

fact could not

be ignored and penetrated


into

wide diffusion of the Book

has

every

nook and corner

<>f

the civilized

STATUS OF LABOR IN ANCIENT ISRAEL


world and changed
close with the
institutions

SULZBERGER

450

and governments.
great

To

words of Zangwill, the Bible "transcends the


it,

race

that produced
in

like

all

literature,

though

none other has,

the

same degree

carried a message to

every race and grade of mankind."

147

"The Voice

of Jerusalem, d. 67 (London. 1920).

American Edition

p. 71

BEN
By

SIRA'S

CONCEPTION OF SIN AND

ATONEMENT
A.

Buchler, Jews'

College, London.

III.

Sins and Their Punishment

Among

the various sins discussed by Sirach two are


dishonest dealing in the
in

condemned most emphatically:


acquisition of wealth,

and immorality; and

both of them

the open defiance of


ner's

God and
not,

the false security of the sin(5.1):

mind are strongly denounced.

"Set not thy heart

upon thy goods; and say


(2)

They

are sufficient for me.

Follow not thine own mind and thy strength, to walk


the desires of thy heart.
(3)

in

And
I

say not,

Who

shall

have dominion over me?


vengeance on thee.
(4)

For the Lord

will surely

take

Say

not,

sinned,

and what
(5)

happened unto me?

For the Lord

is

longsuffering.

Concerning atonement be not without


sins:
(6)

fear, to
is

add

sin

upon
will

and say

not, His compassion

great:
for

He

be pacified for the multitude of

my

sins:

mercy and
upon

wrath are with Him, and His indignation


sinners.
for
. .

will rest

(8)

Set not thine heart upon unrighteous gains:


in

thou shalt profit nothing

the day of calamity."

The wealthy man addressed

here considered his possessions

not only sufficient for the needs of the day, but even
secure for the whole length of his
pride, such worldly confidence
life.

Though
his

reflecting

would not yet have pro-

voked God's anger; but the security of


overweening heart the guide of
the will of

mind made

his

his conduct,

and he ignored

God

in his

actions and followed his

own

desires.

462

THE JEWISH QUARTERLY REVIEW

For that attitude

He

will

punish him. 50

When

reminded

of such consequences of his false trust, he refers his warners

to the reassuring fact that so far he

had experienced no

punishment, though he had sinned on

many an

occasion.

Sirach was not in a position to deny the undisturbed

happiness of some sinners; and


to

all

that he could do was


to

warn them that

their case

was not due


his

God's

in-

difference to

man's conduct and


but
to
his
it,

unlimited forgiveness

and

compassion,
is

longsuffering.

Continued
will in

sinning

sure to exhaust

and His great mercy


sin

the end turn into wrath.

The

admitted by the wealthy

man

is

neither stated nor discussed; but the reference in

v. 8 to his

confidence that,

when the threatened calamity

overtakes him, he would offer to

God

sacrifices,

and the

warning that at that stage the unrighteous gain would


prove useless, clearly indicates that the sinner has been
increasing his wealth

by dishonest means.
is

This
is

is

stated

again (16.12)
also:

"As His mercy


a

great, so

His correction
(13)

He judgeth

man

according to his works.


his plunder;

The

sinner shall not escape with


of the godly shall

and the patience


Here
his sin of

not be frustrate".

plundering

is

expressly named, his dishonest dealing with


it

a helpless pious neighbor who, as obtain redress


in

appears, could not

a court of law, as either the transactions


letter of the law, or the

were formally within the

wrongdoer

was too mighty to be sued; but the wronged trusts that he


will

obtain redress through


close connection
in

God who

is

sure to grant

it.

The

the confident
sacrifice

mind
in

of the sinner

between wealth, violence, and

the

Temple

is

even more fully stated again (35.12 = 32.14): "Think not


" Ik&ikwv
D'piipyn 7D7.
itc&iKl)OM\

s3'7V lin7D7

K]7QT1 corresponding
is

to

JTT

Tin

Hebi

c'btu
ild
i-

pi: pk vpOP n'~?N~


inii

not "I

ti.it

ii<
en the
tj

.m Imitation oi Koh. 3.15 Hm translation of some similar wording, texts havi Instead oi " <*ov r^* tp(Ht>,
trp^^ whli h

tint.

Hebrew

text

and the original presupposed


tlii*

hi

deriving the latter from the Hebrew;

ii

rani lation into bib

SIX

AND ATONEMENT

IX

BEN SIRA BUCHLER


not receive them:
sacrifice; for the

463

to corrupt with gifts; for


set not

He

will

and
is

thy mind on an unrighteous

Lord

judge, and with


will

Him

is

no respect of persons.

not accept any person against


the prayer of him that

will listen to will in

He a poor man; and He is wronged. (14) He


(13)
tale.
..

no wise despise the supplication of the fatherless;


(16)

nor the widow, when she poureth out her

He

that serveth (God) according to His good pleasure shall

be accepted, and his supplication shall reach unto the

The prayer of the humble pierceth the clouds, and till it come nigh, he will not be comforted; and he will not depart, till the Most High will visit; and He shall judge righteously, and execute judgement". The poor and humble man, and the fatherless and the widow were
clouds.
(17)

wronged
solicit

in turn;

they have nobody whose help they could

against the oppressor, except God.

As He

acts here

as the just judge

by whom

both parties are equally

and

impartially heard and judged, the idea underlying Sirach's

presentation

is

that of a law-suit before

God: the wronged

submits

in

a prayer his complaint to the judge, presses his

case upon his attention, and will not withdraw, until

God

takes
is

it

up.

By

a visitation of some kind the wrongdoer


of the violent act

awakened by Him and reminded


Grave

which
of

he recently committed.

illness

was the means

God
in
I

for pointing to the fulness of the

measure of

sin, just as

Kings

17.
I

18 the

woman
thee,

of Sareptha said to Elijah,

What have

to

do with

thou

man

of

God ?

art thou

come unto me

to bring

my

sin to

remembrance, and to slay

my

son?

Similarly in Ex. 4. 24-26 the sudden illness of


of his son

Moses or

was a reminder from God that by the


he had neglected
Sirach
himself regarded sickness

postponement of
an urgent duty.

his son's circumcision

And

a punishment for sins and advised his followers to pray


in illness to

God, and to support

their supplication

by

>i

464
sacrifice (see

THE JEWISH QUARTERLY REVIEW


below)
.

Thus

the sick sinner for whose punishhis

ment the wronged had prayed 51 traced


to bribe
sins;

calamity to a

recent instance of his oppression of the weak,

and he
for his

tried

God by

sacrifices,

and

to pacify

Him

many

are

come out of dishonest gain, they The same idea is forcibly naturally not accepted.
but as
his offerings

expounded again (34.18 = 31.21):

"He
is

that sacrificeth of a

thing wrongfully gotten, his offering

made

in

mockery;

and the mockeries of wicked men are not


(19)

well-pleasing.

The Most High hath no


is

pleasure in the offerings of


for sins

the ungodly; neither


of sacrifices.
father's eyes
(20)
is

He pacified

by the multitude
before
his

As one that

killeth the son

he that bringeth a sacrifice from the goods


(24)

of the poor...

One praying and another


listen

cursing,

whose voice

will the
is

Lord

to?"

If

further proof were

necessary, here
rallel

the clear evidence that the exactly pa-

groups of verses just interpreted refer to the sin of

dishonest dealing, and the subsequent sacrifices brought

by

the

sinner

from

his

ill-gotten

gain

were

offered

to pacify

God who

sent grave illness upon

him

as the out-

ward expression
the poor
sions
is

of

His anger;

and at the same time,

man who had


6*

been cheated 52 of his scanty posses-

cursing the wrongdoer before

God

for his deceit

and robbery.

The

other

transgression

of

the

sinners

which Sirach
this subject
first

strongly denounced was immorality.

About

a personal prayer of our author has to be quoted


Cf.Ex. 22.21, 22. Thr Greek word frequently used
and Injustice
bo
<>;i

'

briber)

hall

be blotted
''

in rain shall

In

nd

;itrxt

the wi

10.12 Ul is d<^iM. as In and good faith shall stand for ever. I"- dried up like a river, and like a urcit thunder tad! \''!]n<tTa 6.5lno>v. AccordHere A brought by the wronged into a court of law where
for dishonesty
'

out;

it

seem,, Sirach
~

here thinking of

Kings 8.31,

'2.

rhere the

jiiRat

as the Hlf'il is
fud.
'J'ZVH in
17.2
I

nowhere

li.i

foi

thai the k.il, as also

Sam M.24

SIN

AND ATONEMENT

IN

BEN SIRA

BUCHLEK
my
life,

165

(23. 4):

"O
up
(6)

Lord, Father and


of eyes, (5)

God

of

give

me

not lifting

and turn away concupiscence


not over to a shameless mind".

from me.

Let not appetite of the belly and chambering

overtake me; and give

me

As the commentators
nowadays came
home,
in

rightly note, all these lines refer to


.

temptations to immoral acts 54


to

Such enticements then as


of the wealthy class in the

meet men

the street and

in society,

and lay

in

wait on every

possible path (9. 3-9).

As they might have overpowered unhis


felt

awares also Sirach, he endeavored to be on


himself, but,

guard
in

owing

to

human weakness, he

his

struggle the need of God's assistance.

As some

of those
life

whom
to be

he termed sinners not only considered a loose

no grave

sin,

but, without an earnest attempt at


lust,

moral resistance, secretly yielded to immoral


even

and

committed adultery, Sirach vehemently inveighed


its

against their conduct and

irreligious root.

His stateis

ment a part
his heart,

of

which was considered above,

for

his
in

conception of sin very instructive (23. 18):

"Saying

Who

seeth

me?

Darkness

is

round about me,


of

and the walls hide me, and no man seeth me,

am
(19)

afraid?

The Most High

will

not

whom remember my sins;


and he knoweth
men, and

and the eyes of men are

his terror,

not that the eyes of the Lord are ten thousand times
brighter than the sun, beholding
all

the

ways

of

looking into secret places.

(20)

All

things were

known
manner
he

unto

Him

or ever they were created;

and
in

in

like

also after they

were perfected."

And

two

lines (21)

declares that the adulterer will be caught

and punished

even by men, as also the adulteress (21-26); and the impressive warning concludes (27):

"And

they that are

left

behind shall know that there


fear of the Lord,
>

is

nothing better than the


to take

and nothing sweeter than

heed

About the lifting up of the eyes in that sense in the rabbinic Biichler, Some' Types of Jewish-Palestinian Piety, 53 ft".

Hutu

466

THE JEWISH QUARTERLY REVIEW

unto the commandments of the Lord. "


in

As the

sinner

Job

24.

15, so here the adulterer


sin,

is

conscious of comhateful to

mitting a grave

and he knows that and


will

it is

God;
It

He
is

sees his deed,

undoubtedly punish him.

due to Him that the adulterer and the adulteress are

caught and put to death.


practical

And
of

thus on the one hand the


certain

consideration
is

the

punishment

by

human

justice

advanced as a warning; and on the other

God's unfailing delivery of the criminal into the hands of


the court of justice as His agents to execute His verdict,
as v. 18d

makes us

to expect,

is

added to strengthen the

caution against the certainty of punishment.

The
it

sin of
lust,

the adulteress was in this instance not prompted

by
is

but by her desire to have a child


phasized
in

and even so

em-

the

list

of the effects of her

deed as most grave:

she sinned against God's law, trespassed against her hus-

band, and brought

in

children

by a

stranger.

The

as-

sertion 55 that in that case the conscience of the ordinary

man

did not

feel

her sin to be great

is

certainly unfounded.
will

For the continued statement of the punishment that


overtake
her and

her

children

clearly

shows that the


to

emphatic enumeration of her

sins

was not intended

meet any wrong appraisement


adulteress

of the people,

but for the

who was not


Even
she
if

deterred from sinning in secret

and did not seem


consequences.
conception,
it

to realize the gravity of her act

and

its

her adultery

is

not followed by

broke God's law and her duty to her husis

band

to

whom

wedded;

in

any case she should have


constitution, and the

considered

beforehand

her physical

probability of her bringing into her husband's house children

who,

though

l>\

.i

Stranger,
All

will
is

inherit

her

husband's
the

property and name.


excuse of

Fi

this

stressed
that
all

as against

the
la

Childless
/
n
IS,

woman
1895,
121.

that she desired

SIN

AND ATONEMENT
for

IN

BEN SIRA

BUCHLER

467

and sinned

was a

child; to silence such excuse as being

most

sinful, Sirach points to the certainty of the detection

of her sin, of her appearance before the judging congre-

gation and the death sentence. her excuse, her children for
will

And, what must destroy


she committed adultery

whom

not only not thrive, but be visited by the curse of

God.

Both

sins,

dishonest dealing and

immorality, are

in-

cluded with other trespasses,


in

less grave,

but more general,


this en-

an interesting statement; and as the object of


is

quiry
it

to establish Sirach's conception of sin


of his references to sin,
it
is

and

to test

by everyone
if

necessary to

examine,
here.

only briefly,

the

social

offences

mentioned

First,
(3.
..

of the son's attitude to his parents Sirach

says

10):
(11)

"Glorify not thyself

in

the dishonour of thy


is

father.

And

a mother

in

dishonour

a reproach

to her children.
age.
.

(12)

My

son, help thy father in his old

(14) for

the relieving of thy father shall not be


it

forgotten; and instead of sins

shall

be added to build

thee up.

(15)

In

the

day

of

thine affliction

He

shall

remember
also melt

thee; as fair weather

upon

ice,

so shall thy sins


is

away.

(16)

He

that forsaketh his father


is

blasphemer; and he that provoketh his mother


of the Lord. "

cursed

Here the duties

of the son to his parents


is

are expressly stated, and their fulfilment

emphasized as

a merit not forgotten by God.


failure

On

the other hand, the

to carry

them

out, though

not expressly termed

sin, is

described as an act as grave as blaspheming


curse. 56

God

and as punished by His


glorification
in
is

How
is

the

unnatural

his

father's

dishonor, that far surpasses


difficult to see.
in
It

Pro. 30. 17,

to be accounted for

appears that
66

in

the circles which Sirach had


He

view such

The

idea
his

is

evidently based on Prov. 14.31:


17.5:

that oppresseth the poor

blasphemeth

Maker; and

Whoso mocketh

the poor blasphemeth his

Maker

468

THE JEWISH QUARTERLY REVIEW


to

disrespect extended

old

persons generally. 57

And

it

seems that,
necessitated

in

addition to the natural claim to sustenance


of the father, the

by the physical weakness

failing of his

mental capacities demanded the protection

of the old parents


in

from the savageness of their son.


(3.

For
fail

the

same context
thy

13) Sirach says,

"And

if

he

in

understanding, have patience with him; and dishonour


in
full

him not

strength".

Was

it

due to some tenfull

dencies of the time to respect only youth and the


of

vigor

manhood, or was

it

to be ascribed to the influence of

that branch of Greek teaching that saw in the incapacitated

men and women


Jubilees, both

useless wasters in

human

society?

Is it

accidental that the authors of the books of Tobit and

the products of Hellenistic environments,

had to emphasize the same warning?


father a plain, observant Jew,
Hellenist, estranged

Was

in

Sirach the

and the son an advanced


standard of thought,

from

his father's

who, when blamed by the parent

for the neglect of

law

and

tradition, not, only ignored the reproach, but, in his

asserted intellectual superiority

and

in his

boasted progress,
his parents?

even ridiculed
In

his father
is

and looked down upon

any

case, his sin

one against

God who

in

the Deca(3.

logue

commanded
its

to

honor father and mother

6).

For

observance
life;

God promised
in

as a reward the ex-

tension of

that

is,

case the son as a sequel to his

numerous

sins should be visited

by a grave
he
will

illness sent

by
will

God and deserved God


will

to die therefrom,

be spared,

recover, and continue to enjoy his

life

with his family.


relief

For

remember
.md Btop
t<>

to

him the material


his

and sustenblot

ance which he granted


his -in-,
lii-

father,

and He
It

will

oul

punishment.

is

true that the sickin

ness has

take

ii -

course for some time,

order to teach
l>\

the -inner that


iii

transgressions are inevitalby followed


>

honoui nol

man

In nil

old

re

waxing

old.

SIN

AND ATONEMENT

l\

BEN SIRA

BUCHLER
God

469
in his

the commensurate retribution deserved, and thai


justice

demands the execution


lesson

of the punishment.

But
tin-

when the

has been sufficiently impressed, and

suffering has lasted long

enough to produce repentance

of

the past and a resolution for an improved conduct in the


future, the merit
is

taken into account, and the danger of

the illness

is

reduced.
(3. 3):

This principle

is

taught

in

the

same

chapter again

"He

that honoureth his father shall


(4)

make atonement
to his

for sins:

and he that giveth honour up


treasure.
(5)

mother

is

as one that layeth

Whoso
and
right

honoureth
in

his father shall

have joy of

his children;

the

day

of his prayer he shall be heard."

The

conduct towards the parents brings forgiveness of


Sirach puts
it (2.

sin, as

11):

"For the Lord


sins,

is full

of

compassion
in

and mercy; and He forgiveth


affliction."

and saveth

time of

When

such a

man

suffers for his sins,


in

God, so

to speak, performs
sion

two
first

distinct actions:

His compas-

and mercy He

forgives his sins

as a consideraof his

tion of his merits;

and once that source and cause

present affliction has

by that
58

forgiveness been removed,


effect of the

He

lifts

the calamity

itself.

About that

merit

of honoring

and supporting the parents and therefore


Testament

(3. 3)

Dr. Oesterky

remarks, "It was a tenet of Judaism that works were


meritorious,
efficacious
in

annulling sin;
for

thus the keeping of the


sin.
58

fifth

commandment atoned
only atone for

In the Old

sacrifices

sin, in

Cnade, 626, rightly emphasizes the fact that in Sirach man's consciousness of God's forgiveness of His sins coincides with his experience of God's help and blessing, the alleviation of his pains and his suffering; forgiveness is not at all merely a spiritual, religious blessing, and the deliverance from distress, from illness, is not only outward help, but both coincide (cf. Ps. $2.1 5). Thi parallel in Mk. 2.5 should be mentioned here: When Jesus saw their faith, he said

Koeberle, Suende and

unto the paralvzed. Son, thy sins arc forgiven thee. Montefiore, The Synoptic ( I, 76, notes cm tl passage: "The healing was intended from the tir.-t to follow rapidly upon the proclamation of forgiveness. For the healing is tin- visible sign and pi A the current the reality of the forgiveness." And on p. 77 he says, ".! N'or. however much some theoloj view that the malady is the result of sin. it, does he ever really combat the doctrine, false and strange .is it seems to
i

us,

that disease implies sin.

He shared

the usual belief that special maladies

as paralysis, implied previous sin."

470
the

THE JEWISH QUARTERLY REVIEW

New Testament

it is

only Christ
:

who

does so; here


is

we
by

have an intermediate conception atonement


the acts of a

effected

man". The

three conceptions

and the

facts

underlying them seem to

me

to be here rather loosely,

and
first

the corresponding elements incorrectly, stated.

The

and foremost means

of

atonement

in

the Bible was re-

pentance, as numerous passages in the Prophets expressly


state;
in

the sacrifice which the repentant sinner brought

only few cases was merely the visible expression of his

approach to
If

God and

of his submission of his life to

Him.

man

stole,

robbed, misappropriated or embezzled a

fellow-man's goods, the admission of his guilt, the restoration of the property,
fifth of its

and the additional payment

of a

value to appease the wronged person were the

preliminary and indispensable acts of atonement, as far


as the neighbor
miliation before
sin

was concerned.

Then

followed the hu-

God

in

the form of a confession of the

over the head of the sacrificial animal in the

Temple

court,

and the sprinkling by the


life

priest of the blood of the

offering instead of the

forfeited

by the sinner (Lev.

5.20-26).

As the Jew, as a

rule, visited the

Temple only

three

times during the year, and even then did not offer atoning sacrifices,

the ever progressing spiritualization of Judaism creat-

ed outside the sanctuary means of atonement religiously


purer, though less solemn.

So already Prov.

16. 6 teaches:

Iniquity

is

atoned by mercy and truth, lovingkindness.


in

Such were the 'works'


to

the days of the Old Testament

which Christian scholars so persistently object, but


let

which constituted, and,


the

us hope, will ever form one of


religious elements of

many

truly
all

and strongly

Judaism.

Similarly

honest dealings,

whether the amount con-

cerned be large or very small, are 'works'; as also the

deeds of Jewish charity and lovingkindness, as the visiting


of

the sick,

the burying of the dead,

the comforting of

SIN

AND ATONEMENT

IN

BEN SIRA

BUCHLER
all

471

mourners, to share the joy and the grief of others, to help


the poor and the needy in every possible way,
are 'works'.

those

In the sight of the destruction of the


b.

Temple

R. Johanan

Zakkai declared to

his

despairing disciple

Joshua

b.

Hananiah that lovingkindness had the same


;

atoning force as the altar and the sacrifices 59

though

for

the sake of the contrast and comparison he quoted Hos.


6, 6,

he merely expressed the idea of Prov.

16. 6.

Jesus

held the

same view, when he taught that 'works' helped


and as
to atonement, he put himself not in

to salvation; 60

the place of the atoning sacrifice, but in that of

God who
for-

does not atone, 61 but, after the


gives the sin.

sacrificial

atonemet,

As

to Sirach's

view of the atoning


it is

effect
re-

of 'works', he expressly states that


frain

not sufficient to

from dishonoring the father


;

(3.1 Off), as

such a negative

conduct has no atoning merit only the positive, active honor


atones.

And

just as the dishonoring of the parents

is

a sin

that involves punishment, so honoring brings reward from God.

them
is

is

a merit that

Such reward

expressed as the

atonement of

sin,

as treasure, as joy in the family, as the

prolongation of

life,

and as the acceptance


is

of prayer;

and

the active honoring


3.

termed by Sirach as deed and word,


3.

8,

and as help and kind words,

12. 62

Again Dr.

Oesterley finds here the favorite idea of the balance of sin

and merit, but

have not succeeded

in

discovering

it.

As the commentators derive some help


tation of
3. 8ff.

for the interpre-

from the Hebrew


It

about the
rVD-Q

latter.

reads:
It is

a word must be said J2K nas rwynai -mon '


text,

hi

~\\XW

may.

simply incredible that Sirach


"ray for TQjn, as
it

should have used the


" Abot
10

late, paitanic

R. Nathan 4.11a. About the views of the early Church on the subject see H.

B. Swete, in Journal

of Theological Studies, IV, 1903, 323. ' Lev. 4.26.31, 35; 5.10, 13.16.18.26,
11

Num.

15.25.

how the rabbis between the years 70 and 135 practised the honoring of their parents, can be seen in the old reports in Jer. Pe'ah I, 15c.l6ff; b. Kidd. 31aff.
HpTX
applied to the father
is

impossible, see Peters:

472
is

THE JEWISH QUARTERLY REVIEW

not neo-Hebrew, but a wrong creation of the Middle

Ages.
is

Whether he used

"lONa

in

the sense of speaking,


nDTi
of

more than questionable. In 3. 9: bhp BTiJn DK n^pi the impossible coupling yt33
that applies to a plant,
sufficient

3N DD~a
which,

mr

as a rule, refers, to the laying of foundations, with v~w


is

to excite suspicion

against the authenticity of the Hebrew.

Now

Greek has

arripifrei olkovs reKvoov, and Syriac *ono D'pn, so that the Nor does yiJ3 Prun original did not contain the word WW.

look natural Hebrew, not only because in the


is

Bible

twi3

used

in

the Kal and the Nif'al, and here the vocalization


yo3
is

BTFOn

would be required; but because

hardly the apdefxeXta,


yi33.

propriate object to that verb.


as Syriac
In
3. 14,

Greek has enpi^ol


"nD"'

N~ipy

mpyn, both presupposing

and not
and, as

yo3n txn nsart


is

mam
63

nnan ah 3N npms the paitanic,


the

medieval mon alone

sufficiently suspect,
its

commentators point
is

out,

intended meaning: instead,

nowhere else proved.

So "ray and man point to a Palesis,

tinian paitan, at the earliest, of the sixth century, that

to a retranslation of
full

some version

into

Hebrew.

As the
in

agreement of the Hebrew with the Syriac even


v.

the
is

difficult "ptpya in

17 suggests, the

Hebrew

text here

the translation of a Syriac rendering of the original.

The examination
various kinds
lias

of Sirach's statements

about

sins of

shown

that these concerned


result

wrongs done
think, justi-

to the fellow-man;
fied in

and on that

we

are,

assuming

thai every general reference to sin

with-

out further explanation points to an act of injustice, to dis-

honest)

or

violence. 84

As

he

is

frequently

addressing

mil.

Studien

in tionoi

ol

Prof.

Noel

Joshua and in 16.7: lin; 17.11: the Lord took away David's sins; 47.23: Caleb hindered thi 14) and their sins Jeroboam made i rael to sir ind gav< unto Ephraira a way ol in wrtr multiplied exceedin ol Elijah the people repented not, 16: of Judah some did that whl and they departed not from tin om< mnltlplied il init to God, and
pi

when

Slrach

quotes accounts of the Bible, as

SIX

AND ATONEMENT
his, his

IN

BEN SIRA
(31

BUCHLER

473

wealthy followers of
the rich that
after
is
is

warning

= 34.8):

"Blessed

is

found without blemish, and that goeth not


clearly

gold",

appealing

for

honest
it

business.
if

They acquired
gathered
in

wealth, but will enjoy


if

only

it

was

an honest way, and


increase.

they

will

not be urged

on by cupidity to future
that such a
for he

Sirach continues (9-11)

man
will

has done wonderfully


to

among

his people,

had the opportunity


he

do wrong and did not comrighteousness. 65


:

mit any:
gation
will

enjoy his possessions, and the congredeclare


his

publicly

Sirach

further exposes dishonesty in trade (26. 29)


shall

"A

merchant

hardly keep himself from wrong-doing; and a huck-

ster shall not be acquitted of sin. (27.1)


for a thing indifferent;

Many

have sinned

(gain) will turn his

and he that seeketh to multiply eye away. (2) A nail will stick fast
sin will

between the joining of stones; and between buying and


selling
.

rub

itself

in

(5)

Unless (a man) hold on

diligently in the fear of the Lord, his house shall soon be overthrown. " As the whole group of verses clearly

shows,

it is

not with immorality incidental to his association with


that the hawker
is

women

charged, but with cheating


tries,

in

various ways.

Even

if

he

the

e/jLTropos

can hardly

escape T\r)fx/de\elas, probably owing to his habitual overcharges, his supply of inferior merchandise, and his devi-

ation from the terms stipulated.

The KaxrjXos who,


by

as a

small tradesman and grocer, sold to his customers in small


quantities victuals and drinks, continually cheated
his

weights and measures, and by the not infrequent adulteration of foods.


sins
is

What
turning

he and the merchant gain by such


for striving in that

an indifferent thing,
implies

way

after

wealth

away

the

eye. 66

Again

(42.1):

"Of
s

these things be not ashamed, and accept no man's


The Greek
As Smend
has:
his alms;

but the whole context shows that he misunder-

stood the
66

Hebrew HplX.
suggests, the

Hebrew had D^yn.

474

THE JEWISH QUARTERLY REVIEW


:

person to sin (thereby)

(3)

Of reckoning with

a partner

and with

travellers (?);

and

of a gift from the heritage of

friends; (4) of exactness of balance

and weights; and

of

getting
(7)

much or little;
in

(5) of indifferent selling of


let it

merchants.

Whatsoever thou handest over,


giving and

be by number be
in

and weight; and


writing."
in

in receiving let all

This

is

addressed to every householder of means;

order to prevent in one's

mind the

slightest,

even uncon-

scious suspicion from rising against the honesty of

any person
the divis-

with

whom

one has dealings, whether of a partner or of the


in

wife or the slave in the household, or the brother


ion of the father's property, or of traders

who

sell
all

goods,

Sirach recommends reckoning and booking for


of trust,

matters

and care and locking up, and the

fear of being

thought mean should be ignored.

The wording
clear.

of the

whole passage

is

not everywhere
Eders~Q"J "?y

What

is

the meaning here of the traveller?

heim's suggestion that the original had

mNl ~nn

and that the


to

last

word

is

a corruption of
connexion,
is

riN:

be not ashamed

own brotherhood and

not acceptable; for

in a
in all

paragraph otherwise impressing exactitude and care


dealings such a warning would not be suitable.

Un-

fortunately the other witness of the original, the Syriac


version of
all

those verses
is

is

missing.

The Hebrew ?y
Es
ist

miNi Tain ]UtPn

interpreted

by Smend:

falsche

Vornehmheit, einen Reisegefaehrten und einen einkehrenden

Gast nicht auszufragen, wer er

sei

(it

is

false superiority

not to ask a fellow traveller or a turning

in

guest as to

who

he

is);

but JUtPn does certainly not suggest that.


KCtl irepl

In v. 3

the Creek

rtoce^s K\-qpouofjila<:

iraipuv or erepoju

seems

to

mean:

when brothers

distribute between

them

the property of their dec-eased father, they should be mosl


particular so as to avoid dishonesty, and quarrel which
i>

very

frequenl

on

such

an

occasion.

The Hebrew

*?yi

SIN

AND ATONEMENT

IN

BEN SIRA
little.

BUCHLER
list

475

eh rbn:
half
is

rnp"?riD

suggests very

In v. 4 the second
of honest
refers

naturally expected to continue the


first

and scrupulous dealings; and as the


selling,

line

to

the second

may

refer to buying,

and the

original
is

may have
interesting:
offers

been 21

IN LDJ70 iYiipV.
"?yi

The
"771

parallel line
pix>

very

pNi ns^ mrran

d"?si D'jrxo

^y,

and

an additional verse:

Trraa

oyo"7

\*2

rape hy

"in -odd.

Either the Greek skipped a whole

line,

or the
line.

Hebrew

has, as in other instances,

two versions of one

In v. 2 as also in other chapters Sirach

seems to advise

the wealthy

man who

has to act as judge not to be ashamed

of applying the law of

God, and should the case warrant


Hellenist acted as a judge, he
in

it,

not to be afraid to declare the godless party to the lawsuit


to be in the right;
if

would

never allow the case to go

favor of the righteous man.

Against dishonesty there


of

is

only one safeguard: the fear

God, obedience to His law which commands truthfulness

in all dealings, 27.3.

The punishment

of the dishonest

man

is

measure

for

measure:
it

the destruction of his house instead

of building

up by wealth. 67
of

But there were other kinds


of

wrong committed against

the fellow-man, and they were of various degrees.

them

is

described by Sirach (10. 6):

One "Be not wroth with


Lord and

thy neighbor for every wrong;


of
violence.
(7)
in

and do nothing by works


before the

Pride

is

hateful

before
ness

men; and
.

the judgement of both will unrighteousis

err 68

(8)

Sovereignty

transferred

from nation

to nation, because of iniquities


7

and deeds

of violence,

and

this the extremely scrupulous honesty of Abba Saul b. Batnith R. Zadok, the two grocers in Jerusalem before the year 70. Besah Tos. III. 8; Jer. III. 62b, 13. 68 Greek has here: Kai e &tx<j>OTkpuif wXrmptX-qoti. aOinia in some texts ttXtjufj.t\eta d5i/aas Syriac translates by K'Dl^l N'Sian limn 10 and seems to presuppose

Compare with
b.

and R. Eleazar

III. 8; b. 31b,

pS?yi Vrj as

the words in the original. For TrXrj^nkXeia there appears in the Syriac P'3 N^iy in 38. 10, as "?3TI in 49. 4. and as a verbal form of 'JK3 in 23.11, 23, as *?n, deceive, in 26. 11, as T,riOZ>: 3Ttn N ? in 9. 13. Hebrew has pB>y ?yn corresponding fairly closely with Greek, but not with Syriac.
in 18. 27, as tCIEn in 26. 29. as
1

476

THE JEWISH QUARTERLY REVIEW


(12) It
is

greed of money.
a

the beginning of pride


is

when

man departeth from from Him that made


pride
is

the Lord; and his heart

departed

him.

(13)

For the beginning of


it

sin;

and he that keepeth


First of
all,

will

pour forth ab-

omination."
in
v.
7

the position of the word 'pride'


in
v.

between 'violence'

6.8

makes

it

clear that

pride has here


are ]nr and

some

special

meaning;

u/3pts

and inreprnpapia

IUKI,

deliberate, high-handed actions against

God and man, which


greed.

breed deeds of violence, iniquity and

mortal being has no right to act with a high


is

hand, for that

a provocation of

God (Num.

15.

30);

the deeds resulting therefrom brought about the destruction

even of nations.
is

Hatred harbored even


a
deliberate
sin,

for

some

wrong experienced
sinful actions:
it

and

it

produces

exhibits presumption

against God.

The

man whom
for

Sirach had here in view had apparently either

through his wealth or his position and influence the means

avenging himself on

his neighbor;

and

to satisfy his

desire for revenge he deliberately

committed acts of violence,


sin of

and thereby provoked God.


hatred and revenge
ligious ethics, as
it is

This definition of the


in

noteworthy point

Sirach's re-

sets the

mere sentiment against the

fellow-man and
to

its

realization

by action

in direct relation

God

as an

offence

and provocation.
his

The

sinner

is

asked to divest himself of

own accord

of his presumpt-

uousness, and to desist from such deliberate sinning.


a

Of

good man, however,

different

attitude

is

demanded,

inasmuch as meekness and humility are impressed upon


such
as

are

God-fearing

in

their

practical
in

life.

(3.

17):

"My

son, go on with

thy business

meekness;
(IS)

so shalt

thou be beloved of an acceptable man. thou art, humble


tinsel!

The

greater
find

the more, .md thou shah

favour before the 1 .ord


I

(20)

For great

is

the potency of the

...id,

and He

is

glorified ol

them

that are low

(21

s ek
<

SIN

AND ATONEMENT

IN

HEN SIKA

BL'( III.KR

477

not things that arc too hard for thee,

and search
(22)

not

out

things that are above thy strength.


that have been

The
(23)

things

commanded

thee, think thereupon; for thou

hast no need of the things that are secret.

Be not
For

over busy

in

thy superfluous works:

for

more things are


(24)

shewed unto thee than men can understand.


the conceit of

many

hath led them astray and


;

evil

surmising
to

hath caused their judgement to slip."

The man

whom
official

those warnings were addressed held a high social or


position which, however,
is

not indicated; by

meek conduct

towards others he could win the love of good fellow-men,

and by humility which, of course, surpasses meekness he


could obtain
lowly.

the favor

of of
it

God who
this
is

is

glorified

by

the
de-

The
full

high

level

practical

instruction

serves

recognition, as

a gauge of Sirach's moral


transition, that
is fol-

standard.

Without apparently any

lowed by an impressive warning against conceit of a totally


different nature.

God gave
time, as a

to the

Jews the Torah not


in daily life,

only as a book of law to be obeyed and realized


but, at the
for in the

same

book

for

thought and research;

Torah,

among

other difficult problems, also some

of the secrets of the creation of the universe, the origin of sin, God's providence

and His retribution were partly

revealed, partly only indicated.

Those problems and

their

explanations represent more than the ordinary

man

can

compass and understand; to try and go beyond them, and


to approach in conceit even

more

difficult

philosophical

questions, or to attempt to surmise even one of the secrets


of

God,

may

confuse the mind, and lead to


is

sin.

What

those unrevealed problems were


as Sirach addressed himself to
ses, it is

not even hinted; but,

men
in

of the higher social clas-

not improbable, as also the contrast with the Torah

suggests, that
Hellenistic

some Jews came thought embodied in

contact with Greek and

literary products

which did

478
not halt
in

THE JEWISH QUARTERLY REVIEW


front of the highest metaphysical questions

about God and the world. 69

Such discussions were new


Humil-

and dazzling

for the

unaccustomed mind of the Jew, and


faith.

may have
ity
is

shaken the foundations of the old


it

here most essential:

demands contentment with


in the

the teachings revealed by


best

God

Torah, for

He knows
failings,

what

is

good

for

man. Conceit and pride are


sins.

and lead to even greater

Outside the family Sirach singles out specially the sin


of unrighteousness against the fellow-man;

and already the


this subject
is

number

of passages in

which he reverts to

sufficient

evidence of the great attention which he pays

to that kind of wrong.

But even stronger proof

is

the

way

in

which he considers the subject from various points

of view, the emphasis on the sinfulness of the to the neighbor, the

wrong done

heavy and unusually varied punishfor


it

ment

inflicted

by God

on the individual sinner and

the whole nation, and the central position assigned to the


relevant prohibitions in the Torah.

Sirach says (17. 20),


all

"Their
are

iniquities are not hid

from Him; and

their sins

before

the

Lord."

As shown above,
"Deliver him that

adiKia

and

aoiKioo invariably

denote a wrong done to the fellow-man,


4.

as

is

clear also

from

9:

is

wronged

from the hand of him that wrongeth him, 70 and from 40.12:

Dr. Kohler in JQR. XI. 1920. MS, u,7 refers this to the secret lore of the CreI

ation and of God's chariot in


70

/.

pno ypin Smend remarks that the Hifil p'XH There were undoubtedly more intelligible and les tificial words for that at Sirach's disposal, like the complete sentence TO piE>y 7X71 pny from Reel. 4.1 or Pa. 71, 4 fDim "?iyo p3 ym TO 'Ylbs, and Othei artificial is 35. 13 P 32. 16: "And he will listen to the prayer of him that in the Hebrew: "The rich man doeth a wrong, and y0P' pYlO 'Jljn.T; and 13. <: Ikthreateneth withal: wronged, and he shall intreat withal." -;' mVPmnnvJP Try win, h is hardly intelligible. pnrP KB1 -"/. Alreadj s. hechter, ~:j~ endatioc my, he li and Following him wrong, which ho* that And the Hithpa iwhere f, not inpported bj any t:il>l>ini< parallel, a* in one of th Ishmael merely adapted thi word VTUKI in 1 It Is found, Jer. Pe'ah 1. 15b, 16 k and th oi thai form of the verb In thai d< notation. the parallel Baraltha In Shabb. mi,,-;:: rj7 DMUVI, Apart ft<.in IVJB^ DMlfW Levy, VII, III. 321b, bottom, Mekil I7a.d Mel
On
the peculiar

Hebrew

l'p'XDD

dot

not occur in the Bible.

...

WB

SIN

AND ATONEMENT

IN

BEN SIRA

BUCHLEK

479

"All bribery and injustice shall be blotted out; and good


faith shall stand for ever.
shall

(13)

The goods
is

of the unjust
in rain

be dried up

like

a river, and like a great thunder

shall

go

off in noise. "

Here adiKia

explained by xpr\iiara
is

abinoov;

and according to the context the wrongdoer

brought by the wronged into a court of law, but he averts


the certain sentence

by bribing the judge who then


again (10. 6):

dis-

misses the case.

And
2)

"Be not wroth with

thy neighbor for every wrong; and do nothing by works


of violence.
(28.

Forgive thy neighbor the hurt that

he hath done thee; and then thy sins shall be pardoned

when thou

prayest.
(2)

(7.

1)

Do no

evil,

so shall no evil
it

overtake thee.

Depart from wrong, and

shall turn

aside from thee. (3)


of unrighteousness,
(10.

My
is

son,

sow not upon the furrows 71

and thou

shalt not reap

them

sevenfold.

8)

Sovereignty

transferred from nation to nation

because of iniquities, and deeds of violence, and greed of

money.
soul. 72

(14. 9)

And

injustice of the

wicked drieth up the

In describing God's covenant with Israel on

Mount

Sinai

and the revelation

of the law

(17.

11-14) Sirach

says (14),
eousness!

"And He said unto them, Beware of all unrightAnd He gave them commandment, each man

and evidently means: make thyself beautiful, adorn thyself, and suggests the same meaning for I"ll3nn. The other parallel is Sotah I. 8 njJEQ mUTO where also the editions and the Talmud read TOUrU. The Greek irpootniipinaonat. is translated by Peters by: in Glut geraten, in order to suggest mon' for nun'; in reality it means according to Pape: vor Zorn schnauben, in heftigen Zorn geraten, and cannot be the translation of msn' the root and forms of which never mean anything but: to singe or be singed by fire. Smend declares the Greek rendering of the word arbitrary, which is a rather convenient method of defending the untenable Hebrew word as the original
one.
71

Syriac has ttfVUm

t<2~\3 7'J

E>l"in never occurs in but the action of ploughConsequently Smend's remark that O'tP'TI. though ing, and its season, Ex. 34. 21. otherwise unknown, may be assumed without hesitation to be correct, is in the presence of the very word in the Bible and of its definite meaning in the rich vocabulary

D*?n or ruyo, the furrow cut

ynffl 7X which presupposes by the ploughshare; but Hebrew


tilled

in the original either

that form, and tP'in, like "VSp, denotes not the ground

Peters amends the Hebrew to yin 7N agriculture not at all justified. kummei;e dich nicht um Neuigkeiten wider deinen Bruder; but Sirach hardly wrote such unintelligible Hebrew. " The first words of the Hebrew ip^n "CND lnjTl p^n npiVl lp^n Kin DJD hviD J1JQ show no relation with the original underlying the Gieek; see the totally unsatisfactory guessing in Peters I and II and in Smend.
of

Hebrew

PITPI,

480

THE JEWISH QUARTERLY REVIEW


It is

concerning his neighbour."

undoubtedly worthy of
in

note that Sirach, at least in this passage, saw

the law

given on Sinai only or mainly those commandments that


regulate the conduct of
forbid injustice

man towards

his neighbor,

that

and wrong, and order the

right action.
all

In the continuation Sirach emphasizes that


of Israel,

the deeds
to

whether good or

evil,

are fully

known
will

God;

and without the

slightest transition he says (22),

"With

Him

the alms of
of a

man

is

as a signet;

and He

keep the

bounty

man

as the apple of the eye. "

The connection
in

between the two verses, 22,23, seems to be that, when God


looks at the sins and wrongs committed

by men, He, as

the

case of the sinner

who honors and supports


their kindness

his parents,

remembers at the same time


their poor fellow-men;

and charity

to

and when He decrees and executes

punishment

for their transgressions,

He

considers favor-

ably the merit of their alms.

IV. Six

and Righteousness.
is

The
more

effect of

almsgiving upon the sequel to sin


:

stated

definitely (3. 30)


will

and almsgiving
d/JLaprlas.
of

"Water will quench a flaming fire, make atonement for sins, e^tXdcrerat
is

(31)

He

that requiteth good turns


73
,

mindful

that which cometh afterward

and
in

in

the time of his

falling

he shall find a support. 74

As

the case of the son's

An interesting parallel i- 30. 6 about a man who brings up his son well: "He behind him an avenger against his enemies, and one to requite kindness to his Tin- latter duty of the son is noteworthy; Sirach must have considered friends." it very important.
left
th74 If the Greek i- a correct translation of the original, Sirach in v. 31 dropped subject of the effects of almsgiving in v. 30, and turned to the recipient of the help .oid to hi- duty to requite the kindness received, as he may again require asand, following them. Latin insert God a* the subject

,,t

ih.

.iii.ii,.

.nid tie-

Lord that requiteth.

Smend

not,- that

drraroMoij

pre-

supposi

word "73U. whereas Hebrew has 7JFD in the line: 3W 7yiD 1 KB" BIB r;z- P2HPO omp which In its characteristii part shows i"> agreement with the Greek. sw..e tin T3y t"t u: ror: 'jbji ttnyai nrnito Try TtH T3JP

the original

K9B0

"

P3

'3

in

the

Hebrew

sc

Smend and

Pel

win, h gives no aense whatevei agrees with Syria* that Greek misread the original vnrnto. as

SIN

AND ATONEMENT

IX

BEN SIKA

BUCHLER

481

support of his parents, here the force of a good and kind

deed

is

measured by

its
is

atoning effect; and even to the

requital of a kind act


in

assigned, as a result, God's support

the days of affection.

Again he says

(29. 8),

Howbeil
let

with a

man

in

poor estate be longsuffering; and


(9)

him
the

not wait for thine alms.

Help a poor man

for

commandment's
not

sake; and according to his need send him


(10)
it

empty away.
let

Lose thy money

for a brother

and
lost.

a friend; and
(11)

not rust under the stone to be

Bestow thy treasure according to the commandments

of the
(12)

Most High; and it shall profit thee more than gold. 75 Lay up alms in thy store chamber; and it shall deliver
all affliction:

thee out of
thine

(13)

it

shall fight for thee against

enemy

better than a mighty shield and a ponderous

spear. 76 (29.1)

He

that sheweth mercy will lend unto his

neighbour; and he that strengtheneth him with his hand

keepeth the commandments.


in

(2)

Lend

to thy neighbor
in

time of his need; and pay thou thy neighbor again


all

due season." In
self to
in

these exhortations Sirach addressed him-

the

man

of

means who

is

able to assist the brother


is

various ways: either by alms, or, what


to

more

helpful,

by proper and true support


his

meet by a larger amount

momentary needs
in

in

accordance with the commandif

ment
some
iri'~ntO.

Deut.

15.

8,

even

the

money advanced should

never be repaid, and be lost altogether. As, however, to


of Sirach's hearers or readers such liberality might
translation of
tldering of the

But what is liNnp''? I have no doubt that it is the literal some plain Syriac word, but not of Tny"T; nor can y.'<tixvr\T at be the r< Hebrew Utnp\ as Peters would have us believe.

self
it

75 The original seems to have read according to the Syriac: "Lay up for thya treasure of charity and love": an'D "in",' "P'jn' N1H1 'n niS33 ir!N "l^ D'SP; and represented the same idea as applied by the proselyte king Monobaz in Jer. I

Pe'ah

15 b 68, Tos.

IV

18, b.

of his possessions

among

Baba Batra 10a. when he said that by the distribution the poor he laid up for himself a treasure with God in hea-

read

ven. In fact Syro-hex's KarivavTi v^Larov read ih the original '71 y zsb. V. \1 perhaps Kim -pnN3 TipiX "ircf; the source of exorabil in the Latin version JTI ^30

]W

mistook "yf^ to be the Aramaic root '^U, to pray.


78

Cf. Sir. 40. 17:

Bounty

is

a< a garden of blessings,

and almsgiving endureth

forever.

482

THE JEWISH QUARTERLY REVIEW

have appeared unnecessary, and the duty to practise charity to that length not sufficiently important and urgent,
Sirach spurs on the slow and hesitating hand to a more

ready and greater

sacrifice

by reminding

his law-abiding,
in

generally obedient follower of the


25.

commandment

Lev.

25-38 as one of the great obligations imposed by God.


shall

Even a loan
in

be advanced to the brother


is

in

need,

order to strengthen his failing hand; this

another

reference to the

commandment
help,

in

Lev. 25. 35.

Having
"There
evil,

so strongly impressed the great


of offering true
shall

duty of giving alms and


(12.

Sirach proceeds

3):

no good come to him that continueth to do

nor to him that giveth no alms." The connection between


the two lines
is

clear

from the parallels discussed before:

the habitual sinner will be visited by punishment; but he


could obtain some
relief

from the visitation prepared for

him by God,
refuse;

if

at least he gave alms.

The duty not


(4.

to
is

nor even to delay the support for the needy


in several

emphasized and impressed


then Sirach says
(5),

lines

1-4),

and

"Turn not away


in

thine eye from one

that asketh, and give none occasion to a


thee:
(6) for
if

man

to curse

he curse thee
will

the bitterness of his soul,

He

that

made him

hear his supplication. "

The

cry

of the disappointed poor to

God

is

accompanied by a curse

uttered in the bitterness of his soul, which will not be with-

out

effect.

77

Before proceeding with our investigation,

may

a few

words be
12.

said about the probable

wording

in

the original of

3 just

quoted?

retranslation of the

Greek would
the

suggest

npT3

pn
nrcy

"UTn'ti

tod yio ? 3D"


1

n ? instead of which
1

Hebrew has

nV npuc

Dai

yen

nwh

Ttsm

\*.

All

learned and ingenious endeavors of Ginzberg, Levi, Peters,

Smend and
"

others to reconcile the


1"; .14.24<i

Hebrew with

the Greek

Cf. P*. 109. 16,

.'"

and above.

SIX

AND ATONEMENT
As
the

IN

BEN SIRA

BUCHLER
the

483

have so
version

far failed.

the Concordance shows, the Greek


adjective

employs

evdeXexys,

adverb

evdeXex^s, the noun ey5e\exio>i6$, and the verbs

eu8e\ex^
it

and kvbekexl^eiv several

times.

As LXX. translated by

the

common Tan,

it

occurs very frequently; consequently

it is

not probable that the Greek translator of the should have failed to recognize the familiar

Hebrew Sirach Tan in its usual

meaning.

On
;

the other hand the fact that he used eight times

the verb evbehex'il'clv suggests that also the original employ-

ed a verb and

if

there were in the rabbinic literature a trace

of a denominative TOnn, this

might have been possibly

thought

of.

Again, hdeXext-o-jios would in that case sug-

gest in the original a verbal


is

noun

"ronn or

mann which
Consequentfre-

just as

unknown

in the rabbinic literature.

ly the probability of the

employment

of

some other

quent and familiar word of the same meaning, of which


a verb and a noun could be formed, must be admitted.

Thus we read (30. 1): "He that loveth his son evdeXex'^^juaanyas avro), will continue to lay stripes upon him." If the Hebrew had Tan ino", the Greek translator rendered
the words rather freely; and
if it

had no' ? TDV, he would


1

have chosen
perhaps use

different

translation.

Did the

original

Tim

which

is

found

in

an unverified quotation
another unknown

from Sirach, 78 and

in the first version of

"But rather he continually with a godly man, evdekextfe-" Hebrew has Tan inso P'K ay ~]N, and Peters who accepts Ton as correct suggests that the Syriac noy n'in KpHB kbw ay,
quotation? 79 In another passage (37. 12):

"be dwelling with a righteous man", and also Greek took

Ton

to be the imperfect Hif'il of "no, to extend long; while

Synh. 110b n?m TJ?3D f12r:3 Hliy -at"? D'^'nOH ^On 'ySS Vn D'3"l, many were the wounds of the pedlar which accustom one to lewdness, like the spark that lighteth the ember. " Niddah
I

16b mtciPDn rraa Vn-un -w 'rant*


I

t>h

njmNi

'ntutf

mobv. three thing?

hate,

and four

like not:
8.4.

a prince

who

is

too frequent in the house of banquets.

Cf. also

Hebrew on

484

THE JEWISH QUARTERLY REVIEW


declares the Syriac to be the translation of the

Smend
Greek.
familiar

But here again

it

seems hardly possible that the


far-fetched in-

TDD should have suggested such a


any
translator;

terpretation to

and
a

it

appears more probable

that
HP', 80

the
or

original

contained

different

word,
(37.
is

perhaps,

more naturally Vnnn.

Again

18):

"And
b'bz

that which ruleth over

them continually

the tongue"

appears

in

Hebrew
is

as ]wh h'hs an nf?BTDi;

the

word

as an adverb

too ridiculous for Sirach's style to be original.

"Be not continually, evdeXex^e, with a harp playing woman, lest haply thou be caught by her attempts," if
In 9. 4.
3BT

was not the word, Vnnn would best


has

suit the sentence. 81


?

Now Hebrew

rrmp^a -&br\
of an
If

]S

-rnDn

rvfl'BD

ny, 82

and gives the Hithpa'el


late consonantal

unknown

root "no with the

Yad.

the existence of a second root


in

TID

of the
TtP

meaning:

to be familiar,

addition to the

biblical

or TD, whitewash, plaster, from which the

rabbinic or

new-Hebrew language formed the


probable, a trace of
it

Pi'el

~t

M D,

were at

all

would have been pre-

served outside the

has

it

again

(8.

17):-piD

Hebrew of Sirach. It is true, the latter moo ? *nw t& o -rnDn bx nms oy,
1

(9.14):

iT.Dn D'DDn Dyi


of
it

iy~i ruy

yb3; but
is

the

repeated
its

employment
Kal-form
for

in

the

same book
text.

no evidence of
It

existence outside
(7.

this

Hebrew
~ai
/xi]

appears

in

the

14)

n^sm
in

]pti bin

nnv myn

-non bx,

which the Greek has:


prate no1

a7ro\eo"xet

irX-qdei

wpea-

fivripcav,

the assembly of elders;


thai

how could

the Greek translator find

meaning
it

of the otherwise

unknown
Pi'el;

root?

Peters

emends

to the Hithpa'el or the

and Smend
i

remarks thai the connotation of the root.


it

i-

improbable that

eflffe/tyi
<

<>r

Np'ix
.,^
!'>

HRH
I.

should be the
<>f

TOTI ITBO, thoi


In
si, .,i,i,
i
-

Syrohex.
I

the rendering

tnra.

Traj)

"V"
U)j)

'JDD,

Baraitha

la

top,

14; the explana-

tion In
l

20

It I, 3c, imnc :; The Ba 19, 192 bottom.

>nnn
,>t

KW wndib

'D'3 ioy
-

texl

the Greek offei

an exa<

tly

^nnoKirtp. SlfreNum. orreapondlns word,


i

ori'Tjthi.t

lomed
-':-.-\x

i" one anothei

mil Dy.

SIX
to
talk,

AND ATONEMENT

IN

BEN SIRA

BUCHLER
it

485
in

corresponds with that of the Ethpa'al of

Syriac.

Did then Sirach's grandson translate the Hebrew

word which,

product, according to
original
It is

we know, occurs in no other literar) its meaning in Syriac? Or did the contain an entirely different word for useless talk?
as far as
it

undoubtedly a remarkable coincidence, 83 and


in

leaves

no doubt

my mind

that the root was not used by Sirach,


it

and that the author of the Hebrew text took


a Syriac version of the original.
stitute the

over from

If we tentatively subnew Hebrew hr\n or a synonym of it, it would read Hebrew more intelligible and familiar, though as yet

av/ifiovXtvo)
if

in

8.

17

would not be accounted

for. 84

But.

possible, another

Hebrew word should be suggested


biin

that expresses more forcibly than

frequent and.

in-

timate association, like that of the disciple with his master.

Again we
of

find kvbekex'i^^v

(27. 12):

"Among men
As
the
in

void

understanding

observe
to

the

opportunity."

Syriac has:

"There

is

speak always," Smend,


1

absence of the Hebrew text, suggests Tan "ninon ?


the Syriac understood.

which

"Love not
is

to

And again in the Greek (7. 13): make any manner of lie, for the custom thereof
e^5e\exto"//6s could very well

not for good,"

be the

rendering of

7nn,

as in 37. 12.

And

lastly, for ru> evde-

^ex'tfcvTi els Kaica (12. 3):

"There

shall

no good come to
"to him that
the
totally

him that continueth

to

do

evil," Syriac has:

honoureth the wicked;" while Hebrew


unintelligible yan rmabl

offers

Whether

this

be vocalized

mo
for

or

rT3D, it

suggests no connection with the words under-

lying

the

Greek. 85
in Syriac.

Here 7nn would not account


86
fait

'honoring'
83

See Levi, L'EccIesiastique, 42: L'auteur


In the

un veritable abus de ce verb aux

ch. 8-9.

Hebrew in 37. 10 yyin corresponds with that Greek word. Bacher in JQR XII, 1900, 278. translated it by 'no good cometh to one that afordeth rest to the wicked', and suggested that Syriac rendered the same Hebrew words freely, while Greek read it ITJD, one who alloweth wickedness to remain. See
<

also Levi, Peters,

and Smend.

In 30.

Syriac has Tlinpf

nm,

renew

his rods,

which points to l'7nn or

rW

but not Vnn.

486

THE JEWISH QUARTERLY REVIEW


right conduct impressed

The

by Sirach upon
15):

his law-

abiding followers

whom
is

he contrasts with the sinners,

especially humility,

forcibly

expounded

(2.

"They
that fear

that fear the Lord will not disobey His words; and they

that love

Him
be

will

keep His ways.

(16)

They

the Lord will seek His good pleasure; and they that love

Him
Lord

shall
will

filled

with the law.

(17)

They

that fear the

prepare their hearts, (18) and will humble their

souls in His sight, (saying),


of the Lord,

We

will fall into the

hands

and not into the hands


is

of

men:

for as His

majesty

is,

so also

His mercy. "


first

If

the opening words

may

be taken

strictly,

the
is

dictate of the fear of God, as

explained above,
in the

obedience to His

words
10.

embodied
12:

Torah.

Sirach here follows Deut.

"And

now,

Israel,

but to fear

what doth the Lord thy God require of thee, the Lord thy God, to walk in all His ways,
Him, and
all

and

to love

to serve the

Lord thy God with

all

thy heart and with


the
I

thy soul; (13) to keep for thy good

commandments of the Lord, and His statutes, which command thee this day!" 87 Whether Sirach meant
life

by God's ways merely the


in

lived

by the obedient Jew


in his opinion,

accordance with the Torah, or whether

as in that of the rabbis, the practice in

life

should follow
to every

the ways of love and mercy applied by


individual,
88

God

is

not evident.
obtain His

By obeying

the law the God-

fearing seek to

pleasure, as in

Prov.

3.

4:

("By

true lovingkindness) shalt thou find grace and good


in
is

favour
that he
for

the sight of

God and man." That does


reward; nor
is

not say

working

for

there

any foundation
fine

Dr.

Ocslerky's and

other scholars'

distinction
All actions

between the Jewish and Christian attitude. 89


'

Cf.

Dc-lit.

11. 22.

sifir

Ton

'in
'
<

Deut twin i
.1.

11.22. 40 'in

pnx
"The
I

'in

nnn i nn i
God'i ]n

n"?n
"73 ?
1

.n"3pn 'am i^n ran "733 nibb Djn n:no nyi jum Dim. .

f.

IX:

greatei thou art,

bumble

thyteli

the more, and iliou shalt

t.mi favoui

before the

ord

"

li

the result and not the object of the

hu-

SIN

AND ATONEMENT

IN

BEN SIKA

BL'CHI.EK

487

of

man

will

be directed by the law which pervades his mind


It
is

and

his

heart.

therefore his duty to prepare his


is

heart.

The meaning
parallel
2.
1
:

of this difficult sentence

made

clear

by the
and by

ne:

"and humble
son,
if

their souls in His sight,"

"My

thou comest to serve the Lord,


(2)

prepare thy soul for temptation.

Set thy heart aright,


in

and constantly endure, and make no haste


calamity. .."

time of

As

will

be seen later on, that duty implies

the strengthening of the


suffering

mind

for the

days of

trial

by

and humiliation:
to that of

only he

who

trained his will

to

submit

God

expressed in His law, will gradually

acquire the fortitude of surrender to God,

when He
(6.

tries

him by

visitation.

The same
in

is

stated again

37):

"Let thy mind dwell upon the ordinances of the Lord,


and meditate continually
establish thine heart,

His commandments:
desire of

He

shall

and thy
the

wisdom
is

shall

be

given unto thee. "


in

If

word 'He' which


'it',

not expressed

the Greek

is

correct

and not

the line says that for


will

his consistent

study of the Torah

God

grant him the

firmness which will qualify

him

for the reception of the

wisdom

desired.

The observance
giveth heed to the
in

of the law proves also a strong pro-

tection in trouble (32

= 35.

24):

"He

that believeth the law


that trusteth
shall
in

commandment; and he
loss.

the Lord shall suffer no


evil

(33

= 36.1) There

no

happen unto him that feareth the Lord; but

The same is 32 = 35. 14: "He that feareth the Lord will receive His li-and they that seek Him shall find favour." Certain virtues and actions are liked by God, as in 1.27: "And in faith and meekness is His good pleasure"; the Greek eiiSoKia corresponds with ISSrior MV1. In 11. 17: "The gift of the Lord remaineth with the godly, and His good pleasure shall prosper for ever", the parallelism suggests that it is His active blessing bestowed on the obedient that is termed here aa "The Most High hath no pleasure in the offerings pleasure. In 34. 19 = 31. 23: of the ungodly," it is fSn, as in I Sam. 15. 22, as also in Sir. 35. 3 = 32. 5: "To depart from wickedness is a thing pleasing to the Lord," and in 35. 16=32. 20: "He that
miliation.
cipline;

serveth

God according to His good pleasure shall be accepted." Similar is 41. 1: And why dost thou refuse (to die), when it is the good pleasure of the Most and in 39. 18: At His command is all His good pleasure done; and there is none that
:

shall hinder

His salvation.

488

THE JEWISH QUARTERLY REVIEW


will

temptation once and again


wise

He

deliver him.
is

(2)

man
is

will

not hate the law; but he that


(3)

a hypocrite

therein
will

as a ship in a storm.
in the law;

A man

of understanding
is

put his trust

and the law

faithful

unto

him, as when one asketh at the oracle. " These four verses

emphasize the

effect of the

determination of the obedient

Jew to practise the law, and that of such practice itself. The wise man accepts the law as the expression of God's will, and therefore obeys its behests; gradually he grows
to love
it,

that

is,

he adheres to
it,

it

faithfully.

Ultimately
con-

he puts his trust in


fronted
sult

so that,

when he

in daily life is

by

religious or

moral uncertainty, he need not conwill solve his

anybody but the Torah which


him
to the right action.

doubts, and

direct

The

hypocrite in similar

difficulties

does not seek the guidance of the law, for he


in
is

observes

it

a disingenuous and hesitating way;


tossed about as a ship in a storm.
is

con-

sequently he
the obedient

When
helped

man

assailed
;

by temptations, he
trains

is

by God and

will

not succumb for his firm hold on the Torah,


it,

attained by his consistent practice of


his heart, his hesitation in trials will

and steadies

continue for a short


to his determination

moment
\hv Lord

only,

and immediately yields


90

to ad lure to the law.


is

As was shown above,

the fear of

in

practice identical with the observance of the

law; but

its effecl

on man's soul
is

is

very deep (1.11)

"The
and
shall

fear ol the

Lord

glory and exultation, and gladness,


(12)
shall

a crown
delighl

of

rejoicing.

The

fear

of

the Lord

the

heart

and
(13)

give gladness, and joy, and


feareth the Lord,
in
it

length of days
well with
!><

Whoso

shall

go

him

at

the last, and

the

day

of
is

death he shall
the beginning

blessed
M The
ll.
i

(14)

The
Via
'-.

fear ol
3

the

Lord

temptation

m
I

clearly; .m<l alao the

jn JB' nb 'n nt doea nol convey th< whole group "t the veraea niggesta different arready noted by the commentators aa unusual,
the

and B70I 3V

hardly

Intelligible;

Hebrew

It

altogether

t'>

.ntni.nl

to

be

SIX

AM) ATONEMENT
it

IX

BEN SIKA

BUCHLER

189

of
in

wisdom; and
the

was created together with the


Here Sirach elaborates
Ps.

faithful

womb."
synonyms

19.8,9,

the

effects of

God's Torah on the heart and the

soul.

Hi-

three

for joy stress the feeling of satisfaction


in

and happiness produced

man by

the fear of God, the

observance of the commandments.

Consequently glory

cannot mean outward honor, but the exaltation of the

mind; besides, the

later,

outward
91

effects of the fear of

God

(12, 13) are stated separately.

Sirach's obedient follower

is,

however,
21):

in

some

respects
at
in

not

free

from reproach

(11.

"Marvel not

the

works of the sinner; but trust the Lord, and abide


labour:
for
it

thy

is

an easy thing
to
is

in the sight of the

Lord

swiftly on the

sudden

make

a poor

man

rich.

(22)

The

blessing of the

Lord

in

the reward of the godly; and in

an hour that cometh swiftly


flourish.

(23)

Say

not,

He maketh His blessing to What use is there of me. And


J

what from henceforth


not,
shall
I

shall

my

good things be?

(24)

Say

have

sufficient,

and from henceforth what harm


(25)

happen unto me?


is

In the day of good things

there

a forgetfulness of evil things;

and

in the

day

of

evil things a

man
is

will

not remember things that are good.


in the sight of the

(26)

For

it

an easy thing
in the

Lord to

reward a
(27)

man
in

day
of

of death according to his ways.

The

affliction

an hour causeth forgetfulness of

delight;

and

the last end of a

man

is

the revelation of

his deeds.

(28) Call

no

man
1

blessed before his death;

and

man

shall

be known

in his
;

children."
it

As

in

Mai. 3.14,
of

Ps. 37

and

73, Prov. 24.

23. 17,

was the impatience

the

obedient

man

at

the sight of the sinner's

worldly

success that Sirach had to censure.

For some of the good

men were not


poor; and
i

only not blessed with fortune, but were even


they wire expected to sustain their trust
15.

still

Cf. 10. 19-22;

1-8.

490
in

THE JEWISH QUARTERLY REVIEW


to feel reassured about His reward

God and

and His

blessing.

Sirach urges

them
if

to wait patiently for both, as

they are sure to come,


for
It
is it is

not sooner, on the day of death;

the very end of

man
but

that reveals his past deeds.

should be noted that

v.

27 refers best to the sinner


will die in

who
so

enjoying a happy

life,

punishment; and
feel it

while suffering only one hour's affliction he will

heavy and crushing as to make him forget


joys and pleasures of his past
life.

all

the

many
life-

Correspondingly we

expect to find in the preceding verse a reference to the


long disappointments of the godly, the
will

memory

of which
is

vanish,

when

at the end of his existence delight

granted to him.

In fact v. 25 states the two kinds of

experience of the good

man and

the sinner, and

is

therefore
v.

the opening verse of the paragraph.

Consequently

24
his

cannot contain the words of the godly


life

who throughout
it is

did not receive sufficient happiness; but


of the

the state-

ment

wicked who, as

in 5, 1, feels secure in his posv.

sessions.

On

the other hand,

23

must be the words


longer expects a

of resignation of the pious

man who no
is

turn in his fortune.

What
the
his
in

his

occupation was

not evident, as Sirach refers

only generally to epyov (20), and irbvos (21) as opposed to

epya

of the sinner (21); but he advises to

him

to stick to

work and

wax

old in

it.

Evidently his ill-success


to take

his present business

prompted him
15):

up a new

one.

The warning
esl
-

(7.

"Hate not

laborious work,

neither husbandry, which the


thai

Most High hath created,"

some nun began

to reject the cultivation of the

soil,

and turned to trade.


hi. in

Sirach again (11.10) warns the

pious

againsl
Bin.

undertaking
Hut wh.it
is

many

kinds of things, as

they lead to
Btedfasl
in

the object of v. 20:

"Be
line

thy covenant, and be conversant therein, and thy work?"

wax

old in

According to the parallel

SIX

AND ATONEMENT

IN

BEN SIRA

BUCHLER

4'M

the covenant seems to denote his trade, as also Syriac has

NmiN; but how did the word come to that otherwise un-

known meaning?
not
sit

It

occurs again (38. 33):

"They

shall

on the seat of the judge, and they

shall not under-

stand the covenant of judgement; (45, 17)

He gave unto
in the

him (Aaron)

in

His commandments, yea, authority


(14,

covenant of judgements;
will

12)

Remember

that death
is

not tarry, and that the covenant of the grave


(16, 22)

not

showed unto thee;


covenant
but
this

Who

shall declare the

works

of His righteousness, or
is

afar off?"
fit

who shall endure them? For His The Hebrew has everywhere pri;
and
it is difficult

does not

in all the passages,

to see

why

such a familiar word should have been translated

by
and

8ia6r]K7].

Or did
meaning?

this

word have

for the translator


it

some

special

Syriac renders

in 14. 12

by mn,

it is

possible that Sirach


in 11.

employed that new-Hebrew

word; but just

20 where the context


is

demands a word
Perhaps

denoting trade, that Hebrew word


it

not suitable.

was

nWDMt,

which would

fit

in 38.

33 and 45. 17, and which

the Greek translator seems to have mistaken as derived

from 1N and

rDTOK;

so that
in

mn

and

niJOlN

respectively

might have been used

the original.

Sirach taught his followers that for the good

man

it

was

not sufficient to refrain from heartlessness to the poor:

he must also intervene actively, and assist the weak


asserting
his

in

endangered

right.

(4.7):

"Get

thyself the

love of the congregation; and to a great

man bow thy


Deliver him

head.

(8)

Incline thine ear to the poor


in

man, and answer


(9)

him with peaceable words


that
is

meekness.
of

wronged from the hand


in

him that wrongeth him;


(10)

and be not fainthearted


unto their mother:
High, and

giving judgement.

Be

as a father unto the fatherless,

and instead

of a

husband

so shalt thou be as a son of the

Mosl

He

shall love thee

more than thy mother doth."

492

THE JEWISH QUARTERLY REVIEW


far as
I

As
in

can

see, the

concluding appeal of the writer has

the commentaries not found the appreciation and the


it

recognition which

fully deserves.

The

highest goal of

the good

man

should be to become a son of God, and to


is

earn His fatherly love; and to attain that


reach of everybody,
if

within the

only he takes up the causes of the

orphan and the widow, and delivers the wronged from the
violent oppressor: 92

God becomes

his

loving father for

having proved himself the father of the fatherless and the


weak.
In

what capacity he could and should do


first

so,

is

not evident at

sight;

is

he acting here as a judge?

Whatever the

case, the sense of the first

two verses was not


is

recognized by the commentators.

For avvaywyi]
it,

not

the synagogue and the congregation in

but, as in the

Greek rendering of the biblical passages used by Sirach in


45.

18; 46.

14;

16.

6;

21.

9,

it

represents the my,-

an

official

body that met,

as the context shows, to hear the

com-

plaint of the

wronged person against him that had wronged


is

him.

The same

unmistakably meant

in 41.

18:

"Of

an offence before a judge and a ruler; of iniquity before the


congregation and the people," where the two assemblies

correspond with myi bnp


dressed
in 4.7ff.

in

Prov.

5.

14.

The man
when member

ad-

was evidently a member


it

of such a judging

assembly, and Sirach impressed upon

that,

a poor

man
listen

brings a complaint before


to him,

it,

every

should
to
in

and speak

to

him gently; but the man

whom
.ind

our author appeals specially should assist him

his right claim,

and not be afraid

of the

wealthy wrongdoer

of the representatives of the latter's class in the as-

sembly.

We
in

are not informed


judicial

by any source about the pro-

cedure

thai

body, whether alter the hearing


UDP

''i.

eemi
l.

to i" 17

an

<

rron

rendi ring "i

with

the

ai

usative
in

"i

the

ix-r-

tuoSn
23

OH
i

am' vjbv which Sirach evidently had


33.

mind:

take

up

the-

.in-'-

ni

the fathi

Only

in 24

when Deut.

4b

ia

quo

"Snp.

SIN

AND ATONEMENT

IX

BEN SIRA -BUCHLER


if

193

of the case the parties were,

necessary, questioned and

cross-examined by any of the members, and then, as would

be natural, the court divided.

The iieyLarav mentioned


prominent place
(4.

here held

in

the assembly a
is

7);

and that information

borne out
great

and supplemented by

33. 18

= 30.

27:

"Hear me, ye
ears,
ol

men

of the people,

and hearken with your


ixeytaraves

ye rulers
7]yov^VOL

of the congregation,

\aov nai

eKnXrjaias.

And

in

connection with the unmasking of the


(1.

hypocrite Sirach says


fall,

30) "Exalt not thyself, lest thou


soul;

and bring dishonour upon thy


reveal thy secret,

and so the Lord

shall

and

shall cast thee

midst of the congregation."


absolute honesty,
its

The

fear of

down in the God demands


it

absence makes for hypocrisy before'God


it

and men; God

naturally finds

out immediately, but


lips

is

hidden from men, as the smooth


deceive his fellow-men.
In

of

the hypocrite
per-

some unnamed capacity,


citizens'

haps as a member of the

assembly, he appears

before them with grandiloquent boasts that impress them, till at last, when his hypocrisy is revealed, he brings dis-

honor upon himself, and


bers cast

is

in

the presence of

all

the

mem-

down from
in

his pedestal.

This happened undoubt-

edly not
for the

the synagogue, as Dr. Oesterley suggests, as


of the hypocrite that

unmasking

was hardly the

proper place.

Nor does the gathering termed eKK\y]dla


in

denote the congregation


the

the synagogue (31=34.11), as


of the
of the
it is

same scholar confidently assumes; but, as the trial adulterous woman (23. 24) shows, it was the assembly
people convened as a court of justice.
in

And

just as clear

the statement about the absence of qualifications in the


offices (38. 33):

farmer and the artisan for public


shall not

"They

be sought for

in

the council, jSouXf?, of the people,

and

in

the assembly, eKK\7](ria. they shall not


sit

mount on

high; they shall not

on the seat of the judge, and they

494
shall

THE JEWISH QUARTERLY REVIEW


not understand the covenant of judgement:
" 94

neither

shall

they declare instruction and judgement; and where


In the above
list

parables are they shall not be found.

of

the various public bodies the second clause refers to the


rising of a

member

of the judicial

assembly above

his fellow-

members, through

his activities, as in 4. 7:

"Get

thyself the

love of the congregation;" here the fxeyiaTav seems to have

been the chairman of the assembly, as he


the judge in 10. 24: the mighty

is

placed next to

"The

great man, and the judge, and

man

shall

be glorified."

To him

the

member

who

is

urged by Sirach to assist the just cause of the weak

should pay respect, probably because the chairman


either allow

may

him the necessary latitude

for his intervention

or

may

cut him short in his pleading.


illustration of the position of that judicial
as-

As an

sembly the KK\rjala

may

be mentioned here which King


in

Herod convened on several occasions,


to
it

order to submit
of

for

judgment the cases


Josephus 95

of

men whom he accused


"Herod
accused

grave

crimes.

states,

^KKXrjala, the officers

and Teron, and

incited the people


killed

to such an extent that they

and the barber were

on the spot by logs and stones thrown at them".


the parallel account"
els
6

In

he reports,

tKKXrjaiav the three hundred officers


his son,

and Teron with

and the

"When he had brought who were accused barber who accused them,
the people, to TrXfjdos,

he (the King) charged them


killed

all;

them by throwing

at

them whatever they found."


"His excessive anger at that
els KK\ricrLai>

In another instance' 17 he says,

improved the king's condition, and he went


and accused
tin-

im n

(who had broken down the golden


the
tii<-

eagle over the gate of


4

Temple)
niiii-r

as real desecrators
it

Though
i.

v.

*<
th<
6,

li

mil inj in
publii
in

manuscripts,

Kerns

t<>

contain good

information about

titutiona in Jerusalem,

Wart

,>7.

Antt./ml
U.i>:
I.

XVI,
13,
I

It. 7. V>\.

SIX

AND ATONEMENT

IN"

BEN SIKA

BUCHLER
that

405

of

holy things (sacrilege),... and

demanded
people

they

be punished as profaners of the Temple, acrepeis. Fearing


lest

many
in

others

be

accused,

the

asked

him

to punish first the originators of the deed,

and then those

caught

the crime, and to pardon the

rest.

The king

could only with difficulty be prevailed upon, and burnt


those alive

who had

let

the scholars, while the others

handed over to

his

down by ropes, as also who had been caught he attendants for execution". Now,
themselves
sent

according to the parallel account, 98 the incident took place


in Jericho:

"The King

them

in fetters to Jericho,

and

called \0vbai03v tovs iv reXei, the heads of the

Jews";

here the report stops, and says nothing of the proceedings


against the accused men, which led

up

to their sentence.

On

a third occasion" Josephus relates,

"The King brought


stoning;
in

those

who had been

tortured also els to TrXrjdos in Jericho

to accuse his sons; 6l iroWoi killed

them by

when

they were about to


ilar

kill

Alexander and Aristobul


it

a sim-

way, the King prohibited

by ordering Ptolemy and


the judicial position
all clear,

Pheroras to check the crowd."


of that KK\r]aia

Though

and

its

powers are not at

and
in

it
I

reminds us of the functions of the assembled people

Kings

21. 9,12,

Deut.

13.

10, Jer/26.

11-21 as judges and

executioners,

it is

an instructive instance of the continued

existence of an old institution.


It
is

not quite certain, as stated above, whether the

passage about several social sins refers to the habitual


sinners considered before or to a section of Sirach's
fol-

lowers of only average strictness in the observance of the


law;
for

he

presupposes that

in

their carelessness

and

their lack of self-control

some

of

of immorality

and dishonesty varying


in

them committed deeds in character and


of

degree.
"

These are stated


XVII. 6, XVI, 10,
3, 5,

list

warnings which
I,

Antiquit.

160.

Antiquit.

320, see G. A. Smith, Jerusalem,

4'>4.

496

THE JEWISH QUARTERLY REVIEW


is

includes several other social failings, and which


interesting
of

at once

and

d'fficult.

It

reads (41. 17):

"Be ashamed
lie

whoredom

before father and mother: and of a


(18) of

before

a prince

and a mighty man;

an offence before a

judge and ruler; of iniquity before the congregation and


the people;
(19)

of unjust dealing before a partner


in

and a

friend;

and of theft

regard of the place where thou so-

journest,

and

in

the regard of the truth of

God and His


to

covenant".
loose,

The admonition opens with


they are, or

a moral offence,

immoral acts:

may become, known


if
it

the man's parents; these, of course, would,

the offence
before a

were

liable to

punishment,

in

no case bring
it is

public judicial authority.


to be punishable

As

not sufficiently grave


else

by a

court,

and nobody
is

can

call

the

moral offender to account, he

not afraid of public disgrace

only the shame before his parents deters him from beginning or continuing a loose
Sirach
4/evdos,
life,

and by

referring to

them

tried

to

impress

him.

For the second offence,

he can be brought by the wronged person before


Kal bvvacfT-qs,
evidently judicial officers
y

the

rjyoi'fxevos

of the first grade; for the third, 7rX77^ ue\eta, he to

would have

appear before

kplttjs Kal

apx^v,

for the fourth, dvofxia,

before crvvayuyi) Kal Xaos.

As only grave
the
last

offences

seem

to

have been brought


(Prov.
5.

before

authority,

myi hnp

14),

the- four

transgressions
in
in

enumerated here

appear

to

be arranged by Sirach

an ascending order
defining

of gravity; and tint

may

be helpful

them and
in

the various courts more exactly


Sirach denounces
blot
in
it

A>

to

untruth

speech,
a foul
of the

very strongly (20. 24):


will

"A
the

lie is

man:

it

be continually
thirl
is

in

mouth

uneducated

(25)

better than a

man

that

is

continually lying: but they both shall inherit destruction.


I

In

disposition of

.i

liar i^

dishonour; and his shame

SIX

AND ATONEMENT

IX

BEN SIRA
is

BUCHLER
will

497

is

with him continually." 100 Lying

due to
it

his ignorance

of the Torah,

and as a moral defect

adhere to his

soul, just as a physical

blemish does to the body. That Sirach

considered the

liar to

be worse than the thief shows his

high moral standard.

101

Lying occurred not

in

the lower

and poor sections of the population, but


sorts (of

(25. 2):

"Three

men)
life:

my

soul hateth,

and
is

am

greatly offended

at their

a poor

man
12)

that

haughty, and a rich


is

man
thy

that

is

liar,

and an old man that


(7.

an adulterer lacking
lie

understanding.

Devise not a

against

brother; neither do the like to a friend.


to
for

(13)

Love not
is

make any manner


good. 10 2
;
'

of

lie;

for the

custom thereof
shall

not
her
far

(15,

7)

Foolish
shall

men

not obtain
(8)

(wisdom)

and sinners and


in

not see her.

She
(9)

is

from pride;
is

liars shall

not remember her.


of a sinner; for
it

Praise

not comely

the

mouth

was not sent

him from the Lord." But and


it

in spite of Sirach's

high appraisement of truthfulness


of untruth
it

his strong denunciation

is

clear

that

was not chargeable before a judge; consequently \l/ev8os must denote here an untrue statement of a more serious nature, perhaps the denial of a deposit, a loan or any goods
entrusted.

Any of those would

naturally have been claimed

before judges whose Greek descriptions perhaps correspond

with yxpi

mi

Jud. 11. 11, Mich.

3.

1,9.

What

kind of
DS1P1 "UP

offence TrXr^/i^eXeta
100

denoted which came before

is

at the

As the commentators note, here and throughout the book the uneducated same time a sinner, as with the Stoics, and with Hillel in Abot 1 1. 5 XT 113 |'X

Y~\X7I Dj; N?l HUH; cf. 20. 19: A man without grace is a tale out of season: it will be continually in the mouth of the ignorant. 'EvoeXtxt-crOrjo troti could be the transl( 7, Prov. 15. 31, Job. lation either of m:, Prov. 14. 33, or of NSOJ .Prov. 16. 31, or of

TDn

41. 14; 19.


101 ">-

4.

The

Koeberle. Suetide und Gnade, 446ff. last line reads in the Hebrew 3yjn

NT*

inipn '3; Greek has for the

tvbtktxiaiJ-bs. Syriac

nmn = nnnN. Smend

refers to

Job

11.

20

<VS1

Abot IV. 4: R. Levitas of Jamnia said, HOI EUN nipniP ITn 7SP 'in Hebrew has in 7. 17 HDT mti Hipn '3 TWO, ?Sn 1X0 1N3 where, however. hlc6iK1)<TlS But how ivSeXexurpbs. uninterin the Greek does not possibly suggest that word. am unable to see. rupted continuation, could be accounted for by it.
I

noun nS3 anipni, and 1X3 1N3. as the

498
(Ex.
2.

THE JEWISH QUARTERLY REVIEW


14,

Mich.

7.

3)

is

very
it

difficult to establish;

and
if

especially for that purpose

would be a great
with the

help,

the

exact

Hebrew equivalents
is

of the various grades of judges


last

could be ascertained. 103

When

and gravest

crime which
of the
list is

judged by the people's assembly, the climax

reached, Sirach in a

new

list

groups together

sins of a different order.

The

first is

dishonesty between

partners and friends which could be settled between them


quietly without a court, and

need not become publicly


of theft

known.

Next follows the crime

which

is

brought

before the court of the town where the thief lives, and so

everybody there learns of

his

disgrace.

In

connection

with the third offence the words


diadr]Kr]s

awo

aXrjdelois deov kocl

are undoubtedly a mistranslation, as after theft a graver crime against the fellow-man,

we should expect
Hebrew
wrong
as
rr?N

and not against God only.


text,

By

the help of n^N in the


in

the commentators recognized

deov

the

translation of the

word

n"?N

misread by the Greek


in

God, instead

of n^N

oath; and on the variant


first

the Alexandrinus Peters suggested instead of the

two

words the reading


the Syriac:

cnrb

\i}8r]s,

forgetting,

supported by

"because he annuls oaths and promises."

To

this last class of sins the habit of the frequent ut-

terance of God's

name

in

oaths has to be added (23. 9):

"Accustom
tomed
"
(18):

not

thy mouth to an oath; and be not accus-

to the

naming

of

the

Holy One.

(10)

For as

as the

The Hebrew text it t"t the purpose of little assistance, as it curiously reads ty oyi rnyo tpv *?y rraai jrma. and neither ]hn nor rroj is ever found any kmd of magistrate or judge; and even the omen led rrooi |'T di dgnation Noi does c>" my foi the no doubt technical rnyi 7np in Prov.
yffB
eii

5. 14. in spite

convened

..i tin translation the LXX, evei designate the assembly of the people """ judgment, though we find oy in thai capacity in Kings 21. 9,12, s tad how should *i iw rdwov ov wapouteii rtpl kXotttjs correspond in Seek. 16. 40. with ~v ?y tun DipDDi. even after the emendation "i the last word t<> 7i3.' Thi- does not m. .in tin it. and i- m 16 correctly translated by a piragua. The impression gained n .m the eltha impossiblt or vague wordi foi the exact technical terms exmi sufficient to rouse strong suspicion against the authenticit] ol
>!

foi

the

Hebrew text, and


translation
ol

to auspecl " to bi a no) verj


thi

li

ai

translation into

Hebrew

ol

an

earlier

original.

SIN

AND
is

A TONEMEN

1\

BEN SIRA

BUCHLEK

199

servanl thai

continually scourged shall not lack a bruise,

so he also that sweareth and


shall not shall

nameth (God) continually


(11*

be cleansed from
filled

sin

A man

of

many

oaths

be

with iniquity; and the scourge shall not


if

depart from his house:

he shall offend, his


it,

sin shall

be

upon him; and


and
if

if

he disregard
in

he hath sinned doubly;

he hath sworn

vain, he shall not be justified;

for his

house shall be

filled

with calamities."

It

is

not
it

easy to recognize, and the

commentators do not think

necessary to establish, the nature of the oaths about which


three lines of
v.

11

have to say much.

First

it

should be

noted that the Torah not only does not prohibit, but does not

even object
it

to,

the use of God's

name

in oaths, as

long as
10.

serves as an affirmation of the truth.

And

Deut.

20

expressly
of

commands
as opposed
it

the Israelite to swear by the


to
is

name
the

God,

heathen

deities, 104

to affirm

truth;
19. 12.

otherwise

a profanation of God's name, Lev.


7,

Similarly the Decalogue, Ex. 20.

Deut.

5.

11,

prohibits only the taking of God's

name

in vain,

meaning

as a support of an untruth, and

it

adds as the punishment

npr N ?
1

'3.

As Sirach seems

to

have imitated

it

in

his

pyo

np3' t*b

(Num.

5.

31),

it

might appear that he also


misuse of God's name. 105

was

referring to the

same

sinful

But he may have thought


(27. 14),

of other oaths, as he again says of

"The

talk of a

man

many
of

oaths

will

make

the
his

hair stand upright;

and
or

their strife

maketh one stop

ears."

When men

women

low standing quarrel,


in
is

they not only abuse each other, but swear at each other

bad language and profanity. Another occasion


discussed in

for

oath-

Num.

30. 3:

"When

man voweth
his soul
if

vow unto
in

the Lord, or sweareth an oath to bind

with a bond,

he shall not break his word.


">
105

(11)

And

woman vowed
name
of

Am.

8. 14,

Ex. 22. 13.


for littering the

As already Smend suggested, the Hebrew word was probably DIP T3H, as in Ex. 23. i. Am. 6. 10.
'.

God

500

THE JEWISH QUARTERLY REVIEW

her husband's house, or bound her soul by a bond with an


oath.
soul.
. . .

(14)

Every vow and every binding oath


is

to afflict the

."The same oath


be that a

probably meant
his lips to

in

Lev. 5.4:

"Or

if

anyone swear clearly with


whatever
it

do

evil or to

do good,

man

shall utter clearly

with an oath,
it,

and

if

it

be hid from him; and when he knoweth of

be guilty in one of these things. ..."

As

in

Sirach

all

the

three possible offences against the oath are committed

through an action, or through the neglect of the pronounced


oath
itself,

that

is

after

the utterance of

it,

the verses

could not have possibly referred to an assertory oath to


affirm

some

fact of the past, but could only

have dealt
fre-

with an undertaking viewing the future.

Also the
is

quency and the lightmindedness stated here


stood in such an oath.
" If he disregard
it,

best under-

he hath sinned

doubly", can only refer to the deliberate disregard of a vow


supported by an oath uttered some time ago; and such neglect
is

a grave sin

by which the

original undertaking

is

retro-

spectively proved to be an oath in vain, which constitutes an additional offence.


If

he intends to observe his vow, but


it,

occasionally transgresses

his sin rests

on him. 106

If

he

swore

in

vain, inasmuch as he never intended to keep his


will

voluntary vow, he

not remain without punishment,

and

his

house

will

be

filled

with calamities.

The
(18.

sin of the non-fulfilment of

vows

is

referred to again

19):

"Learn before you speak; and have a care of


sick.

thy health or ever thou be

(20)

Before judgement

examine

thyself;

and
(21)

in

the hour of visitation thou shall


thyself before thou be sick,
(22) Let nothing

find forgiveness.

Humble
vow
in

and

in

tli<

time of sins shew repentance


iliv

hinder thee to pay

due time; and wait not


Before thou

until

death to be
i

justified.

(23)

makesl

.i

vow,
i

The Greek ito


In

though

in

would best fi( < delibearate tin, v\ original opn. Le< committed in error and iusj Greek word the rendering of 7yo ?yo describing
rX-qfifjuXyja-n
1 1
:

SIN

AND ATONEMENT

IN

BEN SIKA

HL'CHLER

501

prepare thyself; and be not as a


Lord.
(24)

man

that tempteth the


(that
shall

Think upon the wrath

be)

in

the days of the end, and the time of vengeance,

when He
fear in

turneth

away His
and
Sirach
in

face.
in
is

(27)

wise

man
will

will

everything;
offence."

days of sinning he
addressing
here
his

beware of
who,
sins

follower

as a rule, walks

the

way

of

wisdom, but sometimes


of his health

by mistake.
waring of
sin,

Everybody can take care


and
it is

by

be-

especially important to guard against

7r\r]jj.fj.e'\La.

These accordingly seem

to

represent

grave trespass, perhaps deliberate offences; 107 but the advice


that,

immediately on becoming aware of

his sin,

he should

humble himself and repent,


committed unwittingly,
judges and punishes him for

decisively points to an act

to DK>N as in 23. 11.


it

Before

God

by

visitation, he should in-

spect and examine himself, and having found his misdeed re-

pent of

it;

then he
108

will,

when some calamity overcomes him,


by God from
sent to
setting in, but only
all his sins,

find forgiveness.

His repentance does not stop altogether

the punishment decreed

reduces

it;

as he

is

never conscious of
is

he de-

serves the visitation which


fession

elicit

from him con-

and true repentance, and to teach him the lesson


Another means for prothe fulfilment of his vows.

of the certainty of retribution.

tecting his health

is

To judge
from

by the occasions on which the Psalmists uttered vows,


our

man, when

in

serious
in

trouble

in

suffering
in

sickness, turned to

to

God human nature and in


Sirach

devout prayer, and

obedience

following the examples of the patri-

archs and the Psalmists, supported his supplication by a

vow.

discountenanced
in distress,

vows

lightly

uttered,

as

such were
107

made

and looked

like a bribe offered

can discern errors? Clear thou mc from hidden fault3. also from presumptuous sins, that they may not have dominion over me; then shall I be faultless, and I shall be clear from great transCf. Ps. 19. 13:
(14)

Who

Keep back Thy servant

gression.
los

s ee above.

502
to

THE JEWISH QUARTERLY REVIEW


God, and
a grave
like

tempting Him.

Only
is
it

if

proper mental

preparation preceded the


it
is

vow,
it

justified;

without

it

sin.

But once
109

has been undertaken,


until

its

fulfilment

must not be delayed


to his
life.

new

illness

brings

new dangers

(To be continued)

'"

Note

thai
e

'

not

H"' continuation

ol
i

13,
11

but

ol

the the

sell

examination

.ui'i

the repentant

Impn

ed upon the

Jnn

in

think

ol

iim unrepented

THE HEBREW NIPPA"EL IN THE LIGHT OF COMPARATIVE PHILOLOGY


IN this Review, 1021, pp. 25-32, Eitan has contribution to

made a very important


than the discovery of a

Hebrew grammar -nothing

less

new

conjugation.
is
is

His conclusion that the nippa"el, or nif'al of the


like the

pi" el,

an infra-Hebrew analogical development

Mishnic

nit-

pa" el
lology

however, unnecessary; with the resources of comparative phiit is

we may show that

a Proto-Semitic phenomenon, which appears

with various modifications

in several

other Semitic tongues.

The most

primitive forms of the Semitic verb which have survived


e.g.,

are the simple and the reduplicated,

dal

and

daldal,

"to hang,"

though we have reason to suppose that the original vocalization' was

more varied, and might include

and

u, as well
it is

as a.

There were prob-

ably dissyllabic forms as well, though


tion of the triconsonantal stems

certain that a large proporfirst

have arisen,

by the blending

of

two

bihteral roots of similar meaning,


of the vast

and secondly through the formation


/,

army

of

weak

verbs, verbs with initial, medial, or final u or


of reduplicated forms.

as well as

by the reduction

A
is

few illustrations
of all classes are

may be

advisable.

The

process by which
in

new stems
Semitic

formed by contamination and blending


Indo-European
philologists,

already familiar to
e.g.,

who

call

it

Mischbildung,

Eng. slosh

slushXwash: slush

= slime

(slip, slide, etc.)

Xmush.

In

modern Arabic,
less

where the influences of assonance and rhyme-formation are no


than in Indo-European, the process
especially for the vast
is

strong

extremely common, which accounts

number

of quadriliteral stems

now

in use,

though

entirely

unknown

to the exhaustive native lexicons of the Middle Ages.

Even

in classical

Arabic the principle was so transparent that the Arabic


it.

grammarians noted

own extensive collections we = sahaqaX nahaqa madmaha, "rinse the may note, e.g., sanhaqa, "bray" mouth" = madmada, ditto Xnwhada "shake water in pail, milk in churn."

From

the writer's

As a

characteristic case of a slightly different type from classical Arabic

note bahthara, "scatter"


syrian, e.g.,

= bahha,

" spatter "Xtharra, "scatter."


is

In As-

naparsudu (prsd) "flee,"

pardsu, fly"

parftdu, "flee."

Once the

dissyllabic, triconsonantal principle

had triumphed, long

before the separation of Egyptian or Babylonian from the parent stock,


503

504

THE JEWISH QUARTERLY REVIEW

the process of analogical conformation to the triconsonantal standard

began.

That the weak stems go back to biconsonantal roots

is,

in

most

cases, absolutely certain, since virtually every

weak stem,
basic

or group of

weak stems which share two strong consonants and a

meaning

in

common, has
The task

a related reduplicated stem in

some Semitic language.


into

of interpreting
is,

and explaining the various types

which

they have crystallized

however, enormously complicated by the fact

that morphological and paradigmatic contamination has gone on extensively in every Semitic language with

which we are acquainted.

More-

over, in
their

Hebrew, Aramaic, and Assyrian phonetic changes have added

quota of embarrassment.
is

As

well-known, there

is

an intimate connection between the intenpilpel,

sive, or

pi" el, and the reduplicated

which shows
This
is

itself in all

the

languages by their identical vocalization.

due to the

fact that

the reduplicated root originally expressed repeated or intensified action


or condition, just as in the

Sumerian and Malayan, not to mention other


nothing but a reduced pilpel,
(as

tongues.
in
in

The pi" el,

in fact, is properly

which we have progressive assimilation instead of retrogressive


Heb.
kikkar for *kirkar, Assyr, sassaru for *sarsam).
is

This

is

again

the result of the normative tendency, as

also the further extension of

this characteristic vocalization to all the triconsonantal verbs.

By

second extension of that analogy, new

triliterals, y"y,

are abstracted

from the partially reduplicated pi" els.


tion
is

The

correctness of our explana-

assured by the fact that the pilpels in which there has been retro-

gressive assimilation also form

new

stems, though not so many, in

all
(cf.

the Semitic languages, especially Egyptian, Assyrian, and Aramaic


Assyr. Aram, krk

In all Semitic languages


tion, in

krr, both for krkr, "turn"). we have a special reflexive form


if

of conjuga-

which the reduplicated stems most frequently,


In Arabic

not exclusively,

appear.

we have the t-typetadaldala

in

Hebrew the

ht

(originally a

combination of causative and


In Egyptian,

reflexive, as in Ar. istaf'ala)

hitbalbel.

on the other hand, we always


is

find the n-

reflexive

ngsgs, nsrsr.

The same

true of Ethiopic

antabtdba, angar-

g&ra (apparently a blend of the causative and reflexive, as in Heb. and


Ar.).

In Assyrian the w-type prevails, but in a slightly modified


is

form

which

closely analogous to the

Hebrew vippa"<i:

e.g.,

uagarruru,

from

grr,

"roll" obviously representing an original *nagarguru (follow-

ing the Assj liin infinitive vocalization in the derived conjugations),

and

thus being, both in origin and in form, a

nif'al of the

pi" el.
in a

In Assyrian

triconsonantal verbs arc admitted to this conjugation

peculiar way,

THE HEBREW NIPPA"EL


with the addition of
for nabasta,

ALBRIGHT
*naqalpa

505
(qlp), nabaltu,

u, e.g., niqilpu, "float," for


(bst).

"stretch"

This

is

evidently an analogical conforma-

tion to the full quadriliteral type nabalkutu (blkt)

and napar'sudu

(prsd;

see above), just as hadu


hd,

(mn) "rejoice"

is

conformation of the root

"be

alert," to the triconsonantal type.


\V. F.

Jerusalem.

Albright.

JOSEPH KIMHI'S "SHEKEL HA-KODESfl

We

are

in

need of editions of our medieval


each and every effort which
is

classics,

and we should

be grateful

for

made

to bring

some

of

the hidden treasures from the obscurity of the


to the light of the published shelf.

manuscript

alcove

The workers
the scholar

in this field are few,


is

and the material awaiting the


time has been
search as the period which
fore refreshing to

skill of

abundant and no

less propitious for

the cultivation of this branch of rejust passed through.


It is

we have

there-

find that, despite


its

the turmoil and the upheaval

which shook the world to

foundations, the Rev. Professor H. Golto continue his industrious labors to our classics.
is

mind and add one more important volume

lancz has had the tranquillity of

The "Shekel ha-Kodesh"


of proverbs

of R. Joseph Kimhi, which


is

a collection

and maxims
its
it

in

metrical form,

work that commands

our attention on

own account

as well as on account of the literary

problems which

known
kind.

litterateur

"are

brings in

its trail.

"Proverbs"

remarked

a well-

the treasures which antiquity has bequeathed


oldest contributions to the history of

to posterity.

They form the


are pearls of

man-

They

wisdom with which the human genius

likes to

decorate

itself.

They
all

are the household gods which have accompanied

all ages." The Jewish genius has always been fond of the proverb and the maxim, as can be seen from almost every page of the ethical and philosophical literature of the Mid-

mankind through

countries and in

dle Ages

(my own

still

unfinished collection of proverbs from this branch


10, 000).
in

of literature

numbers already about


gnomic character

Vet, there are but few


lit-

works

of a purely

the entire Jewish medieval

erature.

Discounting Ben Sira as belonging to an earlier period, and

the two extracts from an early book of

maxims published by Harkavy


p.

(mton, Crocow 1903, pp. 103-108) and Schechter (JQR., XVI,


442j, as too fragmentary,

425-

we have
13,

the "tOETI "1010 ascribed to Hai Gaon,

Samuel ha-Nagid's '^B


D'SiDl^'sn,

Ibn Gabirol's D'J'JBn "irOD, Ilarizi's HDID


'0,

Bedarshis

D"t"l5n

and

the

anonymous iWVn
The
metrical

T3'
Joseph

tnpn *7pV '0 Shekel Hakodesh (the Holy Shekel). Kimhi now edited for the first time from MSS. at the
lation, introduction, notes, etc. to

work

of

Bodleian, with an English trans-

which

is

added Yesod Hayirah (The foundation

of Religious Fear) from MSS. in the British notes by Herman Gollani /. M. A D. Lit 1919. 8pp. XX. 125. 7. 87 507
.

Museum, with an English translation and Oxford University Press. London

508
and ms'^Dn T3S

THE JEWISH QUARTERLY REVIEW


1
.

The Shekel ha-Kodesh


wisdom

is

therefore a

welcome

addition to this small group of

literature.

Unlike the other books, however, the Shekel practically adds nothing

new

to our stock of maxims.

The author

himself lays no claim to


in prose,

originality.

He

found the proverbs expressed

some

in

Hebrew
them
one of

and some

in Arabic,

and he took upon himself the task

of putting
in

in a metrical garb.

According to the superscription found


is

the

MSS. from which the book


work
is

edited (MS. B) the author plainly states


p. 63,

that his

based mainly upon Ibn Gabirol's Mibhar {Shekel,


is

note

5).

The

truth of this statement

now

forcibly corroborated

by

the table of comparisons, which the editor has drawn up, showing that out of the 431 couplets in the Shekel, 367 find their parallels in the sentences
of

the

Mibhar.
is

Whether the Shekel


question.

an improvement upon the Mibhar

is

an open

Some

of us

would very

likely prefer the terse unpolished

sentences of the Mibhar to the highly artificial and involved verses of

the Shekel. But as an exercise in metrical composition the Shekel


tainly

is

cer-

an interesting contribution.

According to the tastes of those

days Kimhi's work was a distinct literary achievement.

Be

this as

it

may,

it

brings with

it

the problems whether the Mibhar

in its original

Arabic form was the work of Gabirol or not and whether the Hebrew
translation
is

indisputably the work of Judah Ibn Tibbon.

Until

now

the

authorship of Gabirol was under suspicion because we have no further


evidence for
it

than the passage

in

Kimhi (according
all

to

MS. B

alluded

to above), which

remained

unnoticed by
this

Jewish scholars

who

made

use of the Mibhar.

Upon

head the editor has gone to great


all

length in citing the opinions of almost

his predecessors (Shekel, pp.

IV VIII), but he comes to no better conclusion than that "as the once

reputed author of the Mibhar, R. Vedaya Hapenini, was disowned, so


K.

Solomon Ibn Gabirol, who since then has enjoyed the reputation

of being the author,

may

yet be dislodged from this pedestal, and the


transferred to another"
(ibid.,

honour
But
it

(at all

events

in part)

pp. X-XI).

seems to me that since the part of the superscription relating to

the dependence of the Shekel upon the Mibhar has been proved to be
true, there
ifl

no reason to doubt the truth of the other part of the super-

scription,

which assigns the authorship of the Mibhar to Ibn Gabirol


translation to

and
i

it-

Hebrew

Judah Ibn Tibbon.


1
(

In this connection

it

have .lot in< luded Mich work- .1- |f '0311. Munkacs >0S, noon TTO. Jerusalem I 1881, cnnm o'Dorr^po, Mantua <').?, o'osnrtty.saionica 1827 andimon ojruof Nathan Amratn. Konigtben. 1857, becaUM MOW <>l these an too modern and others are compilation! >--> <l on previous collections.
i
i

JOSEPH KIMIII'S "SHEKEL HAKODESH

"

DAVIDSON

509

should be pointed out that the editor has overlooked the very important biography of R. Joseph Kimhi by Geiger (1DTO 1X1M, I, 97-119 and
again in D'lONO rerap edited by Kircheim, pp. 1-24).

Geiger devotes a long paragraph to the Shekel which should have been brought to the
attention of the reader.
It

might also have interested the reader


in all

to

know

the suggestion, put forth some time ago, that

probability

Judah Ibn Tibbon entertained Joseph Zabara with the Mibhar when the latter passed through the city
son, Sepher Shaashuim, p.

his translation of

of Lunel (David-

XL).

And since Zabara was a


Kimhi
likewise

friend of Joseph

Kimhi there
of Ibn

is

a likelihood that
translation.

was not uncognizant


must own that

Tibbon

's

In regard to the

method

of presenting the text

am

entirely at variance with the editor.

He

prints the text of one

MS.

and gives the variants

of the other MS. in the notes. This throws the burden of reconstructing the text entirely upon the reader, a method which belongs to the early stages of editorial work. Of a modern editor
it is

expected that he present the text in as perfect a form as pos-

sible,

using the variants merely as evidence for the emendations and

corrections.

Besides this, the fact that the text appears


in

in

one part of
still

the book, the translation

another and the notes and variants in

a third makes the reading of the book a real weariness of the flesh.

On

the other hand, we are thankful to the editor for numbering the chapters

and the stanzas, since


lation

it

diminishes the labor in searching for the trans-

and the

notes.
I

For the translation


ceeded
in

have much
spirit of

praise.

Dr. Gollancz has suc-

reproducing the

the original while being as literal

as possible.
is

The language

is

clear, concise, in a

and correct as

far as the text

before us.

This compensates,

measure, for the omission of the

vowel points, without which no poetic text should be issued.

The

editor has also done well in printing the couplets found on the

fly leaf of

MS. copy

of the

Moreh Nebukim

in his possession

(Hebrew

part, pp. 84-87), for they are indeed identical with the verses interspersed
in

Kimhi

's

commentary on Proverbs

(as

suggested by the editor in the


instances they offer better
S.

introduction, pp.
readings.

XVI-XVIII) and
editor, however,

in

many
to

The

seems to be unaware of Dr.

Ep-

penstein's emendations

and corrections

Kimhi' s commentary on
VI,
for

Proverbs based upon the Munich MS.


24)

(See ZfHB., V, 143, 178;

from which he could have gathered several important variants


couplets.

these

In regard to the text itself the editor

has

left

much

that

is

to be

510
desired.

THE JEWISH QUARTERLY REVIEW


In the first place he did not

have before him

all

the

MSS.
owing

extant, though this

was a matter over which he had no

control,

to the continuance of the war.

That the edition suffered thereby can


J.

be seen from the large number of better readings which


given according to the Paris

Weill has

MS.

(See REJ., vol. 70, pp. 216-223)


this,

designated below as

MS. C.

But aside from

the editor has not

done
is

justice to the text with the material that


of the Shekel
is

was before him.

There

no doubt that every stanza

constructed according to

a certain metre, as the

that every stanza has

its

name own

Shekel implies.
particular rhyme.

Again,
If

it is

self-evident

the editor had paid

attention to this phase of the verses he would have avoided


in the text as well as in the

numbering

of the stanzas.

many errors To illustrate

this point

give here a

list

of corrections in the first chapter, suggested

merely by the metre and the rhyme.

Chap.

I,

Xo.

la:

cbwb
'3$

is

against the metre, read

0^'tP.

4b:
6c:

as in

MS. B

is

correct according to the metre.


is

Rhyme and

metre show that this


13 "N

new

stanza.

8b:
10c:

Metre requires

instead of 1VN1.
that this
is

Rhyme and metre show


ning of a
given

the begin-

new
J.

stanza.

The

correct reading as
to

by

Weill according

MS. C (REJ.,

vol. 70, p.

119)

shows that

this couplet consists

of 16 vowels in each verse,


of a

whereas lOa-b consists


trv.

combination of nyijn and


this to
"
1

14c:

Rhyme and metre show

be a new stanza.
It
is

17b: Metre requires


in

??

instead of -ltwm.

so

MS.

C.
this to be a

17c:

Rhyme shows
Metre requires
is

new
B.

stanza.

Metre

requires 'OS n as in
19a:
DIIPp ?
1

MS.

as in
is

MS.

B.
in

19b: TV
25:

against metre and


it

not found

MS. A

or

('.

This couplet as
rupt.

stands
it

now

is

hopelessly corin

H\ comparing
<>f

with the sentence


this
is
it

the

Mibfrar (No, 30)


sion,
I

which

a metrical ver-

venture

t<>

reconstrucl

as follows:

Iny^tprn

---I--ft

-in?

ny^io

-iptp>
-.-",

-no 'cron ->3"l^

rrnn ,nV cto ,ayn rrn


hVi
.-in
;

-:.-

mritf in

.vwji

JOSEPH KIMHI
The passage
-ONn
in

'S

" SHEKEL

HAKODESH "
no ?! Dun
1

DAVIDSON

511

the Mibtyar reads


"?ni

PlTl

:U3 n DDrn nisi


of

is n''onn nn

nosnn aniK

in ,yvm\.

The reading

-jm

for

supported by MS. B which according to the editor reads im. Undoubtedly a 1 for "|. The last word ion is partly supported bj the
is

same MS. which reads man.


y~H<

With reference

to

I's.

46.

(KTJ N ?

TDnn)

it

fairly

reproduces the phrase nan

|B of the Mibfyir.

As
the

to the

meaning

of '(P'On "131 in the second line, the

commentator
This,

in

Cremona
is

edition says:

'mump HDO

*\bn Kin n'P'OnnP.


1

however,

not quite satisfactory.

Fortunately

find this sentence of the Mib-

har cited in Kimhi's

commentary on Proverbs
D'DDn

(npin 1BD,

p.

1.

13

from below) as follows:

n3T

riKB IN
1

TOl!? IN

ODn n'H main 1DK1

D'yenn

-J-rtO "HOT
-noi

MS. Munich

reads:

N ? ONI oon rrn D'Jianpn TlONl


1

D'yann i~no
suggests to

craan

"m

j'mo rrn ^ain n ? dni

noi"? rrn ^ain.

This

me

to reconstruct the second line as follows:


"lOffnj
"IID

D'V^"J

inpi

26a:

Read njnn

"?8.

30b: Read BfaN as


32c:

in

MS.

B.

Read

N3ROin

33b: Read na^nN Dy as


36:

MS.

B. or u:.

As

it

stands the metre


correct version
in a
is

in this

couplet

is

corrupt.

The

given

in

Asher's edition of

the Mih/uir
is

note on Xo. 50 of which this stanza

a metrical version, and strange to say the veris

sion

taken from the Oppenheim MS. of the


is

Shekel which

identical

with

MS.

B.

used by

the editor (See Shekel,]).


ition of the

Will
I

and Asher's edNo. 32, and


p.

Mihhar,

p.

XX

II,

10

note a).
|

nn

This version

reads:

Ioipo

naan mpn] ruun am-n


"?ai

nrriD rrn

-py

^a
'?

Dya. ]t?p 'nn x

ds

nriN
4()a:

oya

binj 'nn
of 3 ?.
1

The metre requires 33^ instead

40b: Kin as in
ing
to

MS.
the

B.

is

the correct

reading accord-

metre.
this to be the beginning of a

40c:

Rhyme shows
stanza.

new

46c:

The metre demands

as in

MS.
Hft

B.

48a: Instead of P' the metre requires

as in

MS.

B.

512

THE JEWISH QUARTERLY REVIEW


52a:

Read

TTIDnri.

53a: Metre requires


53c:

VW\ T3|

as in

MS.

C.

Rhyme and
of a

meter show this to be the beginning

new

stanza

The number

of corrections that could be

made

in the

remaining

chapters, along the

same

principle,

is

proportionally as large, but the


It is to

above examples are

sufficient for'

our purpose.

be hoped that

in his future labors in this field

Dr. Gollancz will not take

Dukes and
Luzshall

Edelman

for his

models but

will rather follow in the footsteps of

zatto and Senior Sachs and their


really

modern

disciples,

and then we

be thankful to him for his industry and zeal and his untiring de-

votion to the advancement of medieval Jewish literature.

Israel Davidson.
Jewish Theological Seminary of America.

ILLUSTRATED HAGGADAHS
The
Hebrew
Passover Haggadah
books.
is

one of the most frequently printed

Wiener

in

his special bibliography

enumerates over

900 editions between 1500-1900.

The Seminary
of D.H.Miiller

collection of about

700 numbers includes over 150 of this period which remained unknown
to Wiener.
tains a great

The well-known book


amount

and Schlosser con-

of information on illuminated

Haggadah MSS.

The
and

researches of these writers were continued by


others.

Kaufmann, Schwab

The

illuminations of the printed

Haggadahs have not as


Sarajevo, p. 222circle of

yet been treated adequately;

they nevertheless offer an attractive

subject to the student.


226, has established their

Schlosser, Die

Haggadah von

dependence on the younger

German

illuminated

Haggadah MSS.

From

these they took the picture of


of

the

"Hasenjagd" caused by the similar sound


".

Jaknehas (map*,

the formula for the arrangement of the blessings of the Kiddush) with

"jag' den Has.'


in

German

influence in the

Haggadah
some

is

also

shown

the inclusion of a

Judeo-German

translation of

of the songs at

the end of the Haggadah.

considerable

number

of illustrations from

various old Haggadahs, especially from the one printed at


1560, have been reproduced in

Mantua

in

Hermann's Chad-Gadja.

Zlocisti's essay

on the "Pessach-Haggadah"
on the subject of the

in

the same volume contains a few remarks

illustrations.

The same

writer described the


4,

Man-

tua Haggadah at some length in Ost und West, vol. IV,

April 1904,

where more reproductions are givenv

An examination otf a number of the illuminated Haggadahs of our how much the old and new printers copied from one another and how a few types of illustrations, although representing dress
collection reveals

and character

of the people of a certain time


little

and country, were used

rere-

peatedly with very

adaptation to different countries.

few

marks on

this subject will not be out of place.

In the first separate edition of the

Haggadah, 1486, we find two


nr

ornamental

letters

(toy HOrb)

H7l,

and the words U nxo and

THD

are

printed in large round ornamental frames which evidently had been

used considerably by the printers previously, to judge from their condition.


in his

In the preceding year the

same

printer, Soncino,

had used
in

Mahzor

the

same

letters for NH,

but had printed the word HXO


ones used
in the

ornamental

letters instead of the plain

Haggadah.

513

'

514
In 1512

THE JEWISH QUARTERLY REVIEW


Thomas Murner
in

connection with the Reuchlin-Pfef-

ferkorn controversy produced a Latin translation of the

Haggadah
very un-

embellished(?) by wood-cuts drawn by his brother Beatus representing groups of three


attractive.

Jews at the table

in

various poses,

all

The

first

illuminated Haggadah, which appeared in Prague in 1526,


art of the time.
is

was strongly influenced by the German

This Haggadah

makes a very pleasing impression and


making.
Its reprint of

a fine specimen of early book


(like

1550 which
is

have not seen

the later Prague

reprints of 1590, 1606, 1625,etc.)


225), but has

inferior according to Schlosser(p.224-

some additional
illuminated

pictorial material.

The next

Haggadah known

to me, that of

Mantua
It

1560, 2 probably follows one of 1550 of which no


is

copy

is

extant.
it

of very different character

from that of 1526.

glance at

clearly
its
it

reveals the influence of the Italian Renaissance; on the other


selections of the subjects

hand

and pictures indicate that


In both of

follows its northern predecessor.

many ways them, e.g., we find


in

picture of Pharaoh taking a bath in the blood of murdered Jewish chil-

dren Avhich Eisenstein traces back only to the 1629 Haggadah.

The

most marked difference between the two Haggadahs


the

is

the fact that

Mantua
in

printer uses all through his

book different illuminated

borders which evidently had previously served for non-Jewish books

and

which heterogeneous blocks are frequently used juxtaposed,


fitting into the place

sometimes without

reserved for them.

The

fig-

ures used for illustrations in the earlier part of the

Haggadah

are re-

peated in the latter part where, having no relation to the text, they

merely serve as illuminations, interrupting the monotony of the borders.

The same
there
1

illuminations were largely used again, though partly in dif-

ferent arrangement, in the


is
i

Haggadah

of

Mantua

1568. Here, however,

new

title

page and part of the margin

is filled

out by the com-

1 1 1

r\

of the editor,

Joseph ben Jacob

<>f

Padua.

In this edition the

pictures frequently are described by a short heading

making

it

more

evi-

dent
Bons.

how

tin-

same picture
the

i-

used to represenl altogether different per-

Thus
Recently

Bame
<>i

cut,

based

<>n

Michelangelo's Moses (Schlos-

many
Ibli

thi

illustrations ol
I

general])

aca

In

iraaUei

Dr.

Band
iltuik
tin

I:

DU

Prat**

Bagada von L526


Berlin,

iirr

Passah Hagtdo.

ram

this very rare book have brcn made Karl Schwan in his Jui&isek* Btuchtrri, 19 Ibbildungtn ski drm trttt* HoluchnitU gi hh, 23 pp. and 3 pp. at the end by

editor,

gen ana

No 4 oi the lane collection contain*: DU Mantuantt dem Holi chnittdruck del Pawah Hagada; 13 pp
J

Hagada,

is

AbbiUlun-

ILLUSTRATED HAGGADAHS
ser,p.225,

MARX

515

where the reproduction


is

is

taken from this edition, not from

that of 1560),

used to represent a learned father answering his son's

questions, Rabbi Eliezer and Rabbi Akiba.


so

The borders
we

are not quite

much used
new

in this edition; in their place

see in the early pages

a few

illustrations representing
in

preparations for the Passover.

About 1600 there appeared


smaller size in which the

Venice a series of Haggadahs of


in the

same pictures are used as

Mantua Hagnew
cuts.

gadahs, but in somewhat reduced size and therefore from

Some
five

of these

Haggadahs

also

have small borders.


1599-1604.

have before

me

such editions printed between

An

entirely

new

set of illuminations
in

meets us

in

the series of ed-

itions of the

Haggadah beginning
According to the

1609 which contain Leon Modena's

translation.
their author

title

page of the second edition (1629;


Israel Zifroni. Besides the larger

was the well-known printer


a great

figures

we have here

number

of different initials with small


It
is

pictures illustrating the respective paragraphs.

only natural

that Zifroni could not free himself entirely from the influence of the
earlier pictures

which apparently had been

in traditional

use for more

than half a century.


e.g.

We

therefore find

some

of the old motives, as

the above-mentioned picture of Pharaoh.

These cuts were

re-

peated again and again; we find them, for instance, in the reprint of

Venice 1740.

Many

of

them were imitated

in the

copper plates

il-

lustrations of the fine

Amsterdam Haggadah
set of

of 1712
in

where they are


the

combined with another

drawings found already

Amsterdam
on

Haggadah

of 1695 3

famous

for the addition of a


in

map

of Palestine

which the wanderings of the Jews

the desert and the

territories of

the twelve tribes are indicated in mediaeval fashion by

Abraham ben

Jacob.
in

This engraver
(see

is

probably responsible for the copper plates


Silva

both editions

Da

Rosa,

lets

over den
p. 18).

Amsterdam' schen

Opperrabbijn
of the 1712

Isaac Aboab,

Amsterdam,

1913,

The

pictures
of

Haggadah we meet again


is

e.g. in a

Vienna

Haggadah
cannot

1823.
of the

Whether there

any

relation

between these pictures and those

Amsterdam
is

edition of 1662 inaccessible to

me

tell.

There

only one Haggadah in the

XIX

century which

tries to

leave the beaten path of coarse reproductions of the illustrations of


its

predecessors and shows a refined artistic taste in


I

its

whole make-

up.
3

mean

the edition of

Abraham

V. Morpurgo, Trieste 1864. with


5 of the

but not the map are reproduced in no. \i< Die Amsterdamer Hagada. Abbildungen aus stichdrucke der Passah-Hagada. 20 + 7 pp.
of the illustrations
i*chc

Many

Jned-

Butcherei:

dem Kupfrr-

516
and without
tiful

THE JEWISH QUARTERLY REVIEW


Italian

translation.
initials.

This edition

is

printed

in

beau-

type with pretty


stiff

While many

of its

illustrations are

somewhat

and not very

original

and do not come up

to our

idea

of a beautifully illustrated book, they are dignified

and pleasing and

make

this edition outstanding

among

its

contemporaries.

These remarks only intend to draw attention to the interesting


question connected with the history of the illustrations of the printed

Haggadah.

The few

facts

mentioned

revealed

themselves

to

me

while glancing through some of the older Haggadahs of our Library


In order to to

make
all

a really valuable investigation

it

would be necessary

examine

the illustrated

Haggadah

editions.

The

various editions
illus-

of the

Birkat-ha-Mazon and the Minhagim containing similar

trations ought to be considered in this connection as well as the various

works

of the illustrations of the Bible in former centuries,


illustrations.

which

may

have had some influence on the Haggadah

This examination of our Haggadahs was caused by the appear-

ance of two works which intend to put before us new Haggadahs with

modern

illustrations.

Just as the earlier Haggadahs

show a
In

distinct
spirit,

uniform character, so also do their modern successors.

The
in

however,

is

very different

in

the book before us.

Eisenstein's

Haggadah 4 the

illustrations are strictly

modern, but hardly

harmony

with the atmosphere prevailing during the Seder.

They remind one


Thus the yen who

too strongly of caricatures and lack the nobility and spirituality and
the Oriental background of the historical facts.
in
is

the older haggadahs appears in the character of a "Landsknecht"

represented by the illustrator Lola as a prize-fighter!

The Haggadah
every word of the
lects those points

illustrations of

Budko 5

are on quite another plane.

Here we have the work

of a real artist
in

who

does not try to express

Haggadah

a commonplace fashion, but


his imagination
in

who

se-

which appeal to
a

and

tries to give

them expression
of the mosl

in

way which
in

is

keeping with the old account


In one of

important event

the history of the Jews.

the pictures

we

see the fine faces of the five old scholars gathered in


well with the pictures of these old masters

Bene-Berak which accords


of the

Mishna which our imagination may have created.

Their faces

1 1 ACAD a shel Pesah. A compendium (in ommentariet and Original Illustrations on the Hagada the o.irr. Redemption from Egypt for the Passover-night ritual. Appendix: The Song of Songs with pictures. Compiled, edited and annotated by J.D. iii hi [llu trati bj I. mi i. New York, J.D.Eisbnstein, t20. pp. VI-M4o npnu id" rata tnrtt ay noo hv man. Vienna, Lobwit, 1921. pp.41

Ozar PCRUSHDI w! /im kim BL


of
i

Hebrew)

Authoritative
-

'

( i

ILLUSTRATED HAGGADAHS MAKX


show how deeply they are engrossed
lasted the whole night. at
in their discussions

517
which have

The

light begins to shine

through the window

which we observe a group

of their pupils.

On

another page

we

find a striking picture illustrating the paragraph

moj? K'm.

We

see the wandering

lonely but unbroken

Jew passing through the by the weight of the


some
of
little

desolate wilderness, a
centuries.

man The Haggadah


illuminations,
It
is

contains

many

beautiful initials,

them simple

others representing fine

pictures, e.g. of the four sons.

a great pity that the reproductions, especially the smaller pictures,


are in

many

cases rather indistinct.

They

are a

little

better in the

hundred copies printed on special paper, but cannot compare with


the original illustrations published in a few,
ies
I

understand 30 cop-

in a

portfolio.
in

tractive type

Budko's Haggadah contains only the plain text printed and style without any addidion other than the
's

an

at-

pictures.
in

Eisenstein

Haggadah

is

much more ambitious undertaking

Which

the illustrations play only a minor role.

The

edition

accompanies the text with notes referring to the

customs and laws of the Seder as well as to the origin of the various parts of the Haggadah. These notes are on the whole an extract of Landshut's rVtWID TJO which appeared 65 years ago. As the book
has been out of print for a long time a complete reprint would have been more welcome than this partial recast. Of the literature on
the subject which has appeared since that time the editor has taken
little

notice.

He

does not
in the

know
in

that a

number

of

Haggadah MSS.
is

have turned up
old form
47, 48,

Genizah

which the njniM HO

found

in the

and actually only contains three questions (see JQR, X, 44, ZfHB., XV, 123) just as in the Palestinian version of the Mishna.
1

The reading

-iry

?^ 'an an ? -1DN which


1

is

also found in the Shibbole

Haggadah MS. of our Library, occurs in the Cambridge MS. of the Mishna ed. Lowe and has been discussed by Ehrentreu,
Jahrbuch
der
Judisch-literarischen
Gesellschaft,

ha-Leket and in an old

XI, 209.

Instead of

the four sons mentioned in the

Haggadah

originally there were

two

versions one speaking of trs'D ,DJn and blttvb JHV irtw, the other of

yen and on which


the Dn.

later

were combined by identifying the PB'D with


in

As Hoffmann pointed out


in

the Magazin, 1886,14,15,p.l64


1

(comp. also his remark

Daiches, O'DDn ?

->yi rV3,

Xo.

I,

p.

13-16

and

'"layn, 11,14 ,15,p.l64,65), the

reading uniN in the answer of the D3n

occurs in the oldest editions as well as in the older

MSS.

of the

Haggadah.
iiber

No

notice

is

taken of the

many

fine

remarks

in

Lewy's Vortrag

518
das
Ritual
des

THE JEWISH QUARTERLY REVIEW


Pessach- Abend,
Breslau,
1904.
It
is

inconvenient

that owing to the difficulty of typographical arrangement the notes


in

some places are not found by the

side of the passage to which they

refer.

The Haggadah

is

followed by the text of Shir ha-Shirim with

Lola's illustrations.

As a second
taries

part of the volume Eisenstein reprints ten


in

commenthough

on the

Haggadah
editions.
(p. 61-131)

their

complete text

from

old,

not always
of

first

He

begins with the famous

Commentary

Abravanel

which accompanied the second edition of


of its length
it

the Haggadah (1504).

On account

had been printed


Eisenfollowed by the

merely

in extracts

by the publishers of the

last three centuries.


It
is

stein reproduces the

Venice edition of 1545.

Commentary

of the

Mahzor Vitry which the


in the

editor constructed

on
that

the basis of the Hurwitz edition of the British

Museum MS. and


Abraham ben
its

which was published from another MS.


perhaps the latter manuscript
is

Haggadah

of Vilna, 1886;

the one to which

Elijah

Wilna

refers

on
it

p. 19 of his

Q'^ys 31.

Instead of the text of the

bj, p. 143-47,

might have been better to reproduce

prototype

from the rare


T'jn "ISD
in
is

D"n nimN.

The

identification of the

bj with the
books

impossible as
in

we know from the MSS.


P. 147- 165

of the latter

Oxford and

our Seminary.

we

get the

Commentary
p. 166-

of Zedekiah

Anaw

from Buber's edition of Shibbole ha-Leket and


P. 179-263

179 that of David Abudraham.


R.

the respective parts of


II

Loewe ben

Bezalel's

ccn muj, chapters

and XLIVIII-XLX,

are reprinted, but numbered consecutively as 1-19.

The

later

Haggadahs
com-

only contain short extracts from this book. P. 264-290

we

get the

mentary of Moses Al-Sheikh and


the r\'bv.

p. 291-299

the respective parts of


p.

The Commentary

of Jacob

Emden

291-307

from

his

Siddur and that of the Vilna Gaon conclude this part of the book.
I

or the

Gaon the

editions of Vilna 1868

and 1880 contain an expla-

nation of the latter part of the Haggadah including two commentaries

on Had-Gadya.
on

We
is

also find here the


!>>

remark that the commentary

Psalm 115

not

the

<

laon.

The

third

part

(p.

$17-346)

contains short

articles on
in

Egypt,

he about the Exodus, laws and customs

reference to

Passover and

very

short

description

of

the Samaritan

Passover.

brief interpretation ol

s hir ha-Shirim concludes the volume.


the
to

The
is

selections

<>i

commentaries can

be

approved

of.
a<

It

useful
in

and convenient
instead
<>t

have these older works once more


selection
<>i

ible

full

in

the arbitrary

some

irresponsible

ILLUSTRATED HAGGADAHS
publisher.

MARX

519
volume

The

editor might have done well to include in his

the few other older commentaries which have been printed, those ascribed
to Rashi,

Samuel ben Meir and Yomtob ben Abraham


first

of Seville,

all

of

which appeared

in

the

Haggadah DHtP'

HE),

Livorno, 1838, and


inits

that of Rabbi Isaiah da-Trani, Cracow, 1896.

They would have

creased the size of the volume but


usefulness.
of the

little

and would have added to

Perhaps some readers would have liked to find the stories


in the

Dubno Maggid

volume.

the

The volume published by the Jiidischer Verlag 6 aims to put into hands of the German reader a popular and attractive book which
Haggadah
in

not only contains the translation of the

very good German,

but also various essays and short stories centering around the Haggadah

and the celebration

of

the

Passover eve.
the translation of the respective passages

The volume begins with


of the Pentateuch followed

by the German Haggadah and

Zlocisti's

above-mentioned essay.

Under various headings Midrashic sayings

referring to the occasion are given.


in

We

get sketches of the Passover

the

Caucasus and

in

Yemen

as well as

The
for

respective chapters of Pauline YVengeroff's

among the Samaritans. "Memoirs" and Kom-

pert's
it

"Ghetto Sketches" describe the Passover and the preparation

seventy years ago while the translation from Shebet Yehudah deals
in

with the sacrifice


sketch,

Jerusalem

in

the

Roman

period.

concluding

"Die Chagigah von Rechoboth", by


to our

Julius Heilbrunn, brings

us

down

own

times.
Peretz,

Heine's "Rabbi von Bacharach" and


Buber, and Agnon, and the

sketches
Bialik

by Mendele,

poem of

add

to the attractiveness of the volume.


r

The

illustrations

from old Haggadahs throughout the volume w ere referred to above.


Their sources are enumerated
in

the editor's notes,

p.

219-221.
best

The book
of the word,

is

very

well

written,

popular
in

in

the

sense

and appropriate to be put

the hands of the young.


ein

companion volume on Hanukkah, Moans Zur,


in 1918.

Chanukkah-buck,

appeared

The appearance
cellence

of

many more

such publications of equal ex-

would be most welcome.

Such books can but contribute to

the appreciation of our beautiful festivals, even

among

those estranged

from

the

old

Jewish customs.

Alexander Marx.
Jewish Theological Seminary of America.
6 Chad Cadja, Das Pessachbuch. Herausgcgeben von JUdischer Verlag, 1914. pp.224

Hrco Herrmann.

Berlin,

EDUCATIONAL LITERATURE.
"Education in Ancient
Israel "

by Fletcher Harper Swift isa valuable


'

contribution to the history of Jewish education.

It is

comprehensive,
it

sympathetic with the point of view of the period w ith w hich


is

deals

and

the

first

masterly attempt to

make

a scientific study of education in

Ancient

Israel.
all

Almost

of the histories of education either entirely

omit the

history of education in ancient Israel or


subject.

make only
I

brief

mention of the

To
".

give but one illustration,

refer to
in

Monroe's "History of
'

Education

This text which

is

widely used

teachers training schools

and
it

in colleges,

makes no mention

of education in Ancient Israel, while

devotes 29 pages to Chinese education and 120 pages to Greek educa-

tion.

The reason
present volume

for this

unpardonable neglect
is

is

due to the

fact that

information concerning this subject


is

meagre and incomplete.


in

The

the

first

attempt to give,
in

the English language, as

broad a treatment to education

Ancient Israel as has long been ac-

corded to that of other ancient peoples.


writer to publish this
"
.
.

The motive which impelled the

volume

is

well expressed in the introduction.


vicari-

so the

Hebrews may be described as the people who


after another through the channel of

ously created or evolved the major portion of our religious and moral
heritage.

One nation

perience has approached the


to spiritual

Hebrew exHebrew God of righteousness and risen conceptions before unknown to it... For nearly two

ings
in

thousand years conceptions, standards and ideals reborn in the teachand life of Jesus of Nazareth but nevertheless originating
the spiritual experience of the ancient Hebrews,

have inspired,

rebuked, comforted and guided the nations of an ever extending

Christendom.

What
morals,

are the fundamental characteristics of


in the

Hebrew

religion

and

what part did education play


of that race

development of the religious

and moral consciousness


to

whose conceptions were destined

dominate the

spiritual life of a

thousand alien people and whose


primer and
final tcxt-

literary
1

monuments have

for centuries served as a

Education in Ancient Israel: from earliest times to 70 a.d. By Fletcher H. Swift. Chicago: Open Court Publishing Company, lQ'Q. p.XII+134.
521

522
book
ers,

THE JEWISH QUARTERLY REVIEW


for

Christendom? What were the institutions.who were the teach-

what were the methods through which the national consciousness


its

and

heritage of doctrines and ideals were stimulated, fostered, pre-

served,

and transmitted?"
is

The volume

divided into six chapters.

The

first

chapter

is

devoted to a summary of the history of the Jewish people from the


earliest times to the exile of

Judah

in

586

b.c.e.

and to

a brief survey

of the

most important events and movements connected with each event.


the basis for the interpretation during this period of
is

The chapter forms


chapter.

the educational development which

the subject matter of the second

In this chapter

is

contained a detailed account

(1) of

the earliest

educational institutions- the tribe arrd the family;

(2) of

the methods

whereby the youth, from childhood up, was prepared


of
life

for the exigencies


(3) of

through physical, industrial, and military training;


in

the

evidence of informal training

the arts

music, dancing, story telling,

and
in

(4)of a

more formal education


and
practices.
life

in writing,

number, and particularly

religious rites

There was no phase of


ligion did not enter.

and no

field of activity into

which

re-

.Moral precepts, tales, legends

and traditions

set-

ting forth the deeds


training.

and virtues of ancestors were the basis of moral


and the
scribes, while

The

priests, the prophets, the Levites,

fulfilling their respective functions,

acted as public teachers.

The

third chapter gives a brief

summary
c.E.

of the history of the

Jewish People from 586 b.c.e. to 70

and

to a survey of the

most

important events and movements during this period.


forms the background to the discussion of the fourth and

This chapter
fifth

chapters.

The

fourth chapter

is

devoted to a discussion of the family as the prime

educational institution during the post-exilic period.


in

The command

Deuteronomy "and thou


literally.

shalt teach

them

diligently unto thy child-

ren," was taken


first

Father and mother acted as the child's


for tin-

teachers of religion.

Parents were held responsible

education
rites

of their children, but

also for their conduct.


in

The various
life

and

ceremonies connected with each period


every membei
ol

the child's

impressed

the family with the fad thai the child belongs to

God

and

thai

the parents were directlj


his religious edui ation,
I

responsible to

God

for insuring

i" the eliiM


I'
'

regretted thai

the author on Beveral occasions based


ol

Ins data

"ii

Mcondar) instead

original sources

and

fails

to arrive,

EDUCATIONAL LITERATURE
in

GROSSMAN
The author

523

one case at

least, at

an accurate conclusion.

presents

the authority of the father as autocratic and quotes the text in Deuter-

onomy
he
will

to support his claim.

"This, our son,


is

is

stubborn and rebellious;

not obey our voice; he

a riotous liver

and a drunkard

".

The

parents, according to the author, were the accusers and the prosecutors,

the elders were the judges. the elders of the city, "all the
that he die".

If

the parents' accusation


of the city shall stone

is

accepted bj

men
is in

him with stones

This demand

the same category with the

command

"An

eye for an eye and a tooth for a tooth".

The literal

interpretation in

both cases was never followed.

The Talmud

records only one instance


effect.
It

where the law was supposed to have been carried into

was

necessary for the "voice" of the father and mother to be exactly the

same.

This condition made the law a dead


five is

letter.

Chapter

devoted to a discussion of education


In
it

in the schools

and

in society after the exile.

is

discussed the synagogue which

functioned not only as a house of prayer but as an assembly hall and as a school.

Through the

efforts of

Simon ben Shatah

(65
It

b.c.e.)

schools for youths of 16 years and older were established.

was

in

the effort to
child, that

make education complete and


c.E.)

within the reach of every


established the ordinance

Joshua ben Gamala (64

making elementary education universal and compulsory.


from the ages of 6 or

compre-

hensive account of the system of elementary education for children


7

years

is

given in this chapter.


the synagogue and

The contents

of the sixth chapter are brief:

the Temple, aside from the home, were the only institutions to exert

any educational influence on the

girl

or the

status and intellectual attainments of the

woman of the woman in Israel


and a very

day.

The

are briefly

presented.

The book contains

a complete bibliography

fine index.

The

text

is

logically arranged

and may

easily be used as a valuable


it

text-book in the history of Jewish education for the period which


covers.

In closing,
slight

wish to

call

attention to an error due perhaps to a

misconception of names and derivates.


is

The name
in

of our great

teacher was Ben Shatah, not Shetah as

used

one instance.
value to teachers of

Rabbi Kohn's
biblical

manual

is

of considerable

history,

especially

to

those in

orthodox and conservative

religious schools.
2 A Manual for Teaching Biblical United Synagogue of America,

History.
1917.

By Eugene Kohn.
220.

New

York: The

pp.

524

THE JEWISH QUARTERLY REVIEW


While there are a number of volumes
for teachers of
biblical

history written
cies, this

by Christian authors, or by those of reform tendenis

volume

the

first

of its kind that

know

of to present the

subject from the point of view of the orthodox or the conservative Jew.

The

introduction

is

replete

with

suggestions to

teachers.

In

view of the fact that the large proportion of teachers of


receive no special training in the

biblical history

methods of teaching

biblical history,

the introduction
in

is

indispensable.

Even those who have taken courses


in general,

methods of teaching history

and

of biblical history in

particular,

would be helped by a perusal of the introduction.


symbols and ceremonies with which the

The
child
is

utilization of Jewish

familiar as a ptoint of contact with

many

of the stories should

prove invaluable.
Part one covers the period The manual is divided into two parts. "From the Creation to the Death of Moses", in 23 lessons, and part two
covers the period of "Israel Under the Leadership of
lessons.
(2)

Moses"
part,

in

16

Each chapter
(3)

is

divided into three parts:

(1)

Interpretation;

Aim;

Suggestions to the Teachers.

The

first

"Inter-

pretation, "contains a brief

summary

of the Scripture lesson of the story.

The "interpretation" does


to the class.
It

not, however, eliminate the necessity

on

the part of the teacher of reading the Bible before presenting the story

does help the teacher to grasp the crucial meaning

of the story of the lesson.

Under the second heading


Pedagogically
lesson.

in

each lesson, "Aim",

is

contained

the religious, moral, and ethical teaching of each story.


it

is

wrong to lay any emphasis on the moral

of a

The

teacher defeats her

own

purpose, but

presume that the


so that

author

wishes to stress the

underlying ethical
fail

lesson

the

teacher in telling the story

should not

to

make

clear in her pre-

sentation those points which give value to the story.


of Part
I,

In chapter seven
is

under "Suggestions to the Teachers", the author says: "It


in telling

very important

such stories the moral of which

is

to be en-

forced through the child's imitation of the virtues of the characters

whose deeds
child
is

it

narratt

~.

not to tag on a moral at the end of the talc.


is

If

impressed by the story imitation

sure to result, and,

idding a moral stated


feeling that

abstrai

terms, "tie only gives the child the

the events of the story did not reallj


tlie

happen, but were

n.irie

up' to point

moral.

Hut the child must be impressed by the

and the
s<>

skilful tea. her will

know how

to

make

the details of the

Btory itself

impressive as t" bring

home

their moral."

EDUCATIONAL LITERATURE
The words
but to
in
all

GROSSMAN

525

of the author are applicable not only to lesson seven,

the lessons.

the introduction and

The passage quoted should have been made applicable to all the lessons.
is

elaborated

The

greatest part of each chapter

devoted to "Suggestions to

the Teacher".
stitute the

These suggestions are

really very suggestive,

and conand

most valuable part of the volume.


in

They

are the outgrowth


of

of

an intensive study

methods

of teaching biblical history,

years of experience in teaching the subject as well as in directing


similar

work by other teachers.

The Jewish teaching


this publication.

profession

owes

a debt of gratitude not only to the author, but also to the United Syn-

agogue of America which has sponsored

A companion

volume covering the

rest of biblical

history should follow in order to

complete the work which was so well begun.

New

York.

Jacob B. Grossman.

PUBLICATIONS OF THE DROPSIE COLLEGE


A VOLUME OF

THE BOOK OF PRECEPTS


By HEFES
B.

YASLIAH

EDITED FROM AN ARABIC MS. IN THE LIBRARY OF THE DROPSIE COLLEGE, TRANSLATED INTO HEBREW AND PROVIDED WITH CRITICAL NOTES AND AN INTRODUCTION

By
278 pages.
a store-house of

B.

HALPER,

ALA., Ph.D.
Price $2.00 post paid

Cloth bound.

This volume represents the first codification of talmudic laws in Arabic. It is Halakah. philology and philosophy as it was understood at the beginning of the period of Jewish-Arabic literary activity. Dr. Hartwig Hirschfeld, of Jews' College, London, and of the University of London, in reviewing the book in the Journal of the Royal Asiatic Society, says: 'Dr. Halper's introduction is through and instructive, his notes are ample and clear up most of the difficulties in a satisfactory manner. The work is an eloquent testimony to his erudition both in Arabic and Rabbinics, and its elegant get-up does great credit to the author as well as to the institution under whose auspices it was published.'
.

PROLEGOMENA TO A GREEK-HEBREW AND HEBREWGREEK INDEX TO AQUILA


By JOSEPH REIDER, Ph.D.
160 pages.
This
is

Cloth bound.
thorough treatment

Price $1.50 post paid.


Greek translation
it

the

first

of Aquila's

of the

Bible

so indispensable to biblical exegesis.

Next

to the Septuagint the Aquila version is

the most important witness of the original text of the Bible as


early part of the second century.
fore dealing with

existed during the

While

articles

and notes had been written hereto-

some special phases of this interesting version, this is the first attempt to deal comprehensively and exhaustively with every phase of it grammatica and lexical, textual and exegetical. Moreover, in compiling this material, not only the old but also all the new fragments of the latest Genizah finds have been consulted.

For

Sale

By
I I

>K HEBREW AND THE DROPSIE COLLEGE COGNATE LEARNING,


I i

or,

Broah and Y<>kk Streets, Philadelphia, n enna., U.S.A.

I-

DS 101 J5 v.13

The Jewish quarterly review New ser.

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