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THE
S E
l<
E S
EDITED BY
CYRUS ADLER
V<
'I
''ME XIII
1923
1022
g^b
PHILADELPHIA
Printed at
THE CONAT
PRESS,
DS
101
CONTENTS
PAGE
\i
bright,
of
in
the Lighl
Comparative Philology
J.:
503
.
BRAWER, A.
Brody, H.
:
99
53
A
:
Manuscript Miscellany
....
and Atone.
303, 461
!()(>
COHEN,
S. Solis:
225
....
in
507
Distenfeld, H.:
Nippa"el
Early
Hebrew?
Fixkelstein, Louis: Modern Theology (Reviews)
.337
.
239
521
Grossman, Jacob
B.
Educational Literature(Reviews)
of
Genizah Frag-
109
of the
Ashmedai Leg.
. .
the Babylonian
Talmud
in
.221
the
LEVEEN,
J.:
MS.
in
British
Museum
.101
117
\lter.
Henry
Tin-
raonic
'ommentary
to
Teharot
102
(Review)
iv
CONTENTS
PAGE
Strack's Introduction to the Tal-
Marx, Alexander:
Marx, Alexander:
(Review)
352
Illustrated
Haggadahs (Review)
513
of
"Daven-en"
219
Neuman, Abraham
(Review)
A.:
Krauss'
Wiener Geserah
113
Poznanski, Samuel:
Fihrist of
Saadya's Works
for
369
366
of
Labor
in
An245, 397
in
Vishnitzer, M.: Dubnow's History of the Jews Russia and Poland (Review)
343
193
London
When
18 cm.
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.
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,
easily to be obis
tained.
The author
in
of the last-named
work
Abul-Faraj
lived
in
We
possess a large
work
the
of his
title
graphical
under
'B
7y
hnnvnbx
3KTD^k
n'JNTOy'w mhbt*
^ixs^ni
portions of this
Arabic
original as well as in
1
late Prot
Bacher. 2
The author
that he produced a
compendium
to the
1
"Adequate" work
the "Abridged"
title issroo
?**
and he
and
is
still
apart.
we compare
all
same
may
be gained from
vi?.
lnx
(Bacher,
p. 236,
and
1T1D.
The author
states that
he produced the
a pupil
who
Hence the
title
Strings of
Our fragment
few
gives the
first leaf
some obscurity.
in
The
lines of the
in
a very unsatisfacis
The
third line
disfigured
by
it.
his
is
not certain.
The missing word was possibly mn, but The last line only shows the word Nn ?D~P
1
is
missing.
Finally there
is
the
word
treatise,
ollated "
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.
HIRSCHFELD
The
spellis
same
looseness which
common
Quite
to Jewish-Arabic writings.
in
nomination
treatise.
This
another point
in
promoters of
their religious
The
make
oneself
a religious duty.
We should
of
bear
in
Judah Hayyuj
Cordoba, and
it is
truly interesting to
first
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
Lawgiver
in
No
at this whilst
is
liable to err
and interpret
falsely."
strates
is
by
Dnxn
if
"?3N
this
should be ??8 as
like 3Stf 3
wrongly transwere so we
lated "a
If this
7),
"rolled", as
ps
bhn (Prov.
~OTr>3
because
(2
Sam.
3. 4)
does not
but
here the
first leaf
The second
leaf deals
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.
The
is
mination
1
a prefixed
The
last
Unfortuit is
out guessing.
of a
He
In
in
first
radicals
whilst the
first
three radicals
in
Four points
demand
cals in
radicals as in
and
]irn;
not formed
the
number
differ in
two verbal
This yields
TinB>;
fourth
either word,
it.
because.
.the
letters. .. .do
not
enter
HlR-.<
III
ID
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
ipy
tdioVn -isrbo^N
m -on nsnao
'B
Von ^-iNxn^N
'b
1
-npy
amy
son
inotVn id
to^n
nnsin
i
nsin
~]3
1
^j
?
1
^Nyn n? ?
nso";i
n'tnd Ni3
"?yD
mo
or
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
ow ?
,(
Nra ^hn?
ixo
inV
Pu^no
7HNJ
^oo^ni -^i
'b
0*731
o";y
]rn
^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
tdsd
1
"?t
"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*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.
natSTT
"?ys
p'j
cobo
DDN
2W
TID-
ddn
pnip'
n'3
by
'i'tW
"?ysi
'fin
DnND?Nl 73pnDD
"?n
nun; 3
"?ys
a
1
is
vmniN
,_
'^nn
nnnym ddn
'n?N
?y-i
1
o^bm-v nN
db>
'djn nan
tdx^k
inh yD: ?
'i"?
'ns d'si
1 1
? ?
nh's
pn
1
kini iysbb
in
don ? ? nn7s
nibs'?
'Ni
,:
nn ?* Dps tdjs
nr nts ]Dn
1
7'3D
"jVn
?y vdxt'n
"?ipn
yoi"?N dnoi
io a dob; 30
wop av
[ndni
fol.
14 vo
1NHN7N
t31"l
'fl
3N3
ribs'?
pan
*p-in7N 's
]n
in
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'jd
T'W'
nri
new njq pb
in
nTwnb
'n
n
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'^ni
rvn^N
to'mn I'nbs^N
1
'3
1
fi'^xN^H
inn^N
1"^N
ND'
NOnDTI
'3
i'ono ?^
frrx^N DN3n in
Kim rnJs^N
,!
's
-p^o
^rbn
i
?y NDrrnia
pa'
im
NyNTi
nb
?-!
inn^K
in ?
m'a ynn
jnn
"?
in
n"?mp
Hole
in
MS.
Halper, Dropsie
II
College.
75
Part of a codex of the Mishnah.
Bikkurim
,
3.2-4.2.
(3.2),
1,
Recto column
"iy
[3E?D7l]
D33'31
(3.4);
recto
column
continues column
1
verso column
and
and
(4.2).
are
numbered by the
letters of
the
of the
Thus while
our fragment
NX'T
counts them as
till
one.
DHD'y "]bin
"PETI instead of
oms ?
1
(3.3)
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
lines
on each column
76
Part of a codex of the Mishnah.
Nedarim 11.10-Nazir
11.10),
is
,
3.2.
DD (Nazir
1.7).
The
legible
word on verso
0[E>]
10
3.2).
At the end
of
Nedarim there
is
WlD^n
N"' Np~iS
At the end
This
WO^n
1
l
Tin
n.TBO^
(/&/</.
2.7);
(wa.)-
One parchment
IO5X5J
tion.
ins.
(
leaf,
= 26.6X14.6
About one
77
Part of Pirke Abot.
1.6-2.3.
rrms
(1.6),
(1.13);
verso
(2.3).
At the end
Variants:
'pTS p^D.
mion
n-ray bv
(ibid.).
off,
A
8jX7|
= 20.6X18.1
the
Square character.
78
Part of a codex of the Mishnah.
Zebahim
5.1-5.5.
(5.5);
(5.1),
verso continues recto, and ends with the last word of 5.4.
In this
\n th OKI
for
...DH
(5.1,2);
VlJ?
;
for
POOO
(5.3);
H'Dm
1
narrow
papei
leaf,
measuring
while
9X3|
ins.
(=25.1X9.2 cm.).
six,
Recto has
thirt\
one
lines,
GENIZAH FRAGMENTS
IX
PHILADELPHIA
HALPER
11
79
The
It
is
first
part of
Mishnah Middot.
1.13,
headed
is
nHO
for ~.
The
is
orthography
~
l
inaccurate,
faulty.
Thus~
sometimes used
,
The word
erroneously vocalized
2.
T
(
A piece = 13X15.9
blank.
5|X6i
ins.
cm.).
is
[Amram.]
80
Part of Mekilta Beshallah.
The
p.
first
legible
Weiss,
]2 NS3
The
first
legible
5.).
22).
Our manuscript
some
variants.
In most cases
it
it
agrees
follows
many paragraphs
b.
Yohai.
It
The paragraph on
nrn
2>at2>n
is
practically the
p.
same
1.
(ed.
Hoffmann,
78,
11 seq.).
The orthography
is
is
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
But
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,
measuring
it
8|X6H
ins.
=21.2
X 17
cm.).
burned, hence
many
verso thirty
One
it
is
trimmed,
but as nothe
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
,!
continues
leaves are
B>SJn
(13.9).
Some
missing between
lb and 2a.
The
chapter
msi masy
*7y3
Tnnn
section 3.4).
is
There
number
of orthographic
and
differences in
paragraphs.
'3
Thus
what
is
chapter 4
is
headed
p"IS.
fascicle,
Two parchment
slightly
damaged.
Size
11^X9
= 28.6X22.8
cm.).
There are
[Amram.]
82
Part of Yerushalmi
Dammai.
mn
N3D
1.
'"I
(2.1, p. 22d,
1.
15),
and the
last
(ibid.,
rmyD3
torn
64),
and
last legible
words are
[]
'33
p7D
(23a,
1.
4).
is
As may be
off,
may have
thirty-
and torn on
lines
all
sides,
measuring
= 12.7X14
cm.).
Twelve
each page.
Square character.
[Amram.]
83
Pari of
Fol.
l.i
i
lie
jaron roN7oi
Nrr-13, 6
'i3i
in.
minn
-iro
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
(8); fol. 2a
'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,
from
TV
edition, p. 49; is
parchment.
is
At the end
hand.
Two
damaged.
fascicle,
badly
11X7|
ins.
= 27.9X19
cm.).
84
Part of Midrash Rabbah.
Fol. la begins with
W'ayyikra 25.1-26.3.
py
JJ3
1
mm
ams ?
nwirn
(25.8).
where the
first legible
DJ nfcO
UNI
(26.3).
Some important
Two parchment
were thirty-one
damaged and
ins.
(
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
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.
is
of the Yerushalmi, as
offers a considerable
number
full
table of contents
may
. .
ion
1.4).
.rvoii "?y
...
vn pnr
NOOn
14
xrbo NTI
D'tpn
.
tiki
b*nn.
'3
.pB> 'xy
(*/..
mo
(ibid. 2.2).
'IK n"
.
B>N"r
1
'BHipo
2.6).
'n i^n.
.r\:wn -iny
muya
(ibid.).
Fol.
npp'1
,_
]
nj
It
jpia'D
Then
1
and
birth of the
the reason
"12
why
begins
nTt'Nl
7N1DBO
'713
iwin
'y-|N7
i'n
nnrco
rrnsi^N
mn^NBOi
.'n
soon
.'1DBH
HUN N3ta
is
^TO?
The
practically the
same
as Halakot
At the end
remarks
Tosafot Kiddushin 73a under the headIn brackets the origin of this narit
to Halakot
Gedolot.
Fol. 2a has part of this narrative.
npp'"l ]'"in>
till
continued
'33
NH
id tan
Fol.
(ibid. 2.6).
till
'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
page
'1 'BO
? '1
.'131
niDB>
B>Tn
TNO
w'jn 13 'an
(3.9).
paragraph
till
DOm
.
brbnn
.3py
"1
(ibid.).
Then
4.8);
come: 77nn.
this
OS'D'D.
(Gemara
.'BWU ypn
(ibid. 4.9).
B"-|
n'7 n'N
Then comes
This
is
pisn
31 NJin
'"1
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).
with 3"n
n'7BW DBO
in
poo
"1
(ibid.; bul
I
missing
"I
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
TJ7PD Slip
1.4).
Then comes:
1
1^
J'jyriD
(ifo'd.
Hon
lT33n
(ibid.).
HD
Then come:
y-rvo
]'N1.
.
.'myr '1
D'oa.
.sns
'-i
mn
.nrm:i
(*"&*.);
n^iuv.
which
.'3nti (**.).
is
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)
.
n'n
l?y jn'i
nisj;
.so 13 s"n
2.1).
':s.
,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.
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
(t'taZ.
ns*03
'10P
ns
njytP 'D
"TD7n
.
.
(/6/'<2.
2.7,8).
'10
Then come:
(iftwf.
DniSl ...D"2:|n3V
end of chapter; ny
.bnv 3N3
lnr'K
'3fl
2.15)
till
HVjyn 113
'02>3
TO
TO
1J?03
133.
Fol.
8b continues
this
.
Then come:
UK'SO'
.'3
. .
.TJ?
pi
(&/. 3.3);
'B>
H3V
(z'&z'tf.);
mn
1
N3CTIO "13
(jfo'd.).
13T H3
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
notw.
Fol.
nHDl
Nm
'33
(ibid. 3.6).
Then come:
11311
pn*
.'yo2?
1
n^B?
(z'i/rf.
3.12);
y'jy
'IN
'3H
(*'&*.).
]'33 7V ?
till
1
paragraph
. .
.
*)"I3 ]'3D1
NO^y mn.
(z'&tti.
Then come:
. .
nry: ?
4.1);
.n"n
"\
16
.ipso
"] (ibid.);
N"n
'TT1.
N3 13
(ibid.).
Fol. 10b:
(ibid.).
'131
'KH 17031.
(*'6Z.
4.2); J'.IUp.
3Dn 11D
dv 733
pyno vn iopo
is
'bun.
The orthography
edition.
practically the
same
This
is
Some words
are punctuated.
when
new
,!
?31?a (R os h ha-Shanah
Ten paper
leaves,
measuring
6|X4
ins.
= 15.5X11.4
cm.).
Number
of lines
fascicle.
The
string
decayed.
[Adler.]
86
Part of tractate Berakot. 7a-7b.
yn
1.
19),
42); verso
main
'3[3 17N1]
28,
if
we had
Our fragment
mentioned here:
offers
numerous
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
^unn
.'131
31101
mon7oo
313
[din
dii
win
no ? 'n3
3i3Di
mion7o
'n
i7'Ni 'in
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,
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
Some paragraphs
ferently from
in the
printed editions.
The names
in this
of
fragment
N"lt3T
10 'ON
badly
(75a).
One parchment
(
leaf,
damaged,
measuring
lines,
7|X5f
ins.
= 193.X 14.3
cm.).
only twenty-eight.
[Amram.]
88
Part of a talmudic codex.
Yebamot 22b-24b.
riB>N
ro
my
is
'NH
milT
]WVp
Tin,
which
evidently
lines
some
addition, as
off.
it is
Some
1
are torn
mn mP
my
ND ?1
,(
IN ?
N7N
(24b).
some
'Nnv
of
Mishnah
of the
Gemara
follows immediately.
The Mishheaded
r,
nah nnseVT
"?y
]no
ins.
( = 21.6X30.5
marginal notes.
The
in a
The heading
18
la begins with
'Nl
HI31E?
18),
N3v tn ITSN
2a.
(2b,
I.
8).
Some
and
The
mnS3 no"pna
(4a,
1.
1'N (3b,
1.
39),
and 2b
"[in ?
TTT BltWlP
H3
9).
'T73
(2a,
1.
mn
Two
is
The
spelling nmtP,
which
may
also be mentioned.
a fascicle.
8X5f
ins.
= 20.3X14.6
cm.).
Number
of
lines
[Amram.]
90
Part of tractate Baba Mesi'a 86a
(?).
,
"I
"I3
1.
NBHip
38).
(86, 1.29),
and
O^n
WXTl
(ibid.,
Some
in
of the
mo'P
3113 "inv
for N133
Ninm
ITIPSJ
nm. But
The
nar-
rative
Is
rather shortened.
part of a book containing talmudic narratives?
damaged, measuring
lines
6^X4i^
ins.
= 16X
10.9 cm.).
to
page.
Square character
[Amram.]
91
Part of tractate Menahot.
12b-13b.
l'3B>nn
(12b),
1'N
^dnV
(13a
"n
in rma^
There an
Dip' ?
(ibid.).
of
7'op
'NO")
(12b)
and
11UX0T
7' op (13a).
also
i
some corrections by
a later hand.
13b),
<l
abo>
he
line.
GENIZAH FRAGMENTS
l\
PHILADELPHIA
HALPER
''2,
19
4.
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.
While the
lines
are
complete
thirty
1
to
page), as a
great
number
of
words
is
missing
el
cut
[Amram.]
92
Part of tractate Menahot.
16a-16b.
(16a,
I.
37),
is
mnm]
(16b,
13).
About one
line
missing between
(ibid.,
1.
recto
NH 'DOyo
1.
14),
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
,l
2?
7B?31.
Km
(16b,
I.
1);
wre
1.
12);
^S ?
1
(ibid.,
tom
'an -vnn ?
(*'taJ.,
11.
23-29).
This fragment belongs to the same codex as Nos. 91, 93, and 94.
A narrow
8f!X3i^
ins.
(
= 22.6X8.6
is
cm.).
It
is
trimmed on
lines
all sides,
but the
intact.
Twenty-nine
to a side; but judging from the missing words, each page seems to
lines.
is
cut
[Lederer.]
93
Part of tractate Menahot.
17a.
(17a,
1.10),
"pm
N'DH
This
"Vtflpn
vapn ?
1
ya\p
(ibid.,
1.
29;.
nr
paayo
msatP (Mishnah
13171'
to end).
followed by
Gemara
'DN "l'N
n"N,
It
is
thi^
as in the Yerushalmi.
20
12),
"3
(1.
19),
and D"0
(1.
24);
it
has NnDn
3*1
~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.
While the
lines are
complete
in
thirty-
to a
page), as
verso.
a great
number
of
words
is
missing between
recto
and
of which
is
cut
[Amram.]
94
Part of tractate Menahot.
18a-18b.
(18a),
ODntPN
(ibid.).
*71D9
(ibid.),
WN
I'fl'ns
min
(18b).
The Mishnah
is
by the
entire Mish-
nah appertaining to
it.
'ntreo N^l
VTD^n
instead
VTD^fl.
(18a).
Thus
""ODD
nnDBW
for
mBW
(ibid.).
This fragment belongs to the same codex as Nos. 91, 92, and 93.
A
7jrX4|
= 18.7X10.4
cm.).
Twenty-four
lines
served to a page.
in
While the
lines are
number
of
words
is
missing between
recto
and
is
verso.
which
cut
off.
95
l';irt
of the
'Aruk
l>y
Nathan
l>.
Jehiel of
Rome.
{s.
v.
mon
v.
nr '"ly-pi
VT
31K),
and ends
e>Nn 13 p'^-in
{s.
313N),
>'
"it,
3UN nN nm:n
nun
3*3*).
GENIZAH FRAGMENTS
IN
PHILADELPHIA
BALPEH
pXD
21
Be-
v.
rV33N)
is
as follows:
I'TID" nyo:?
leaf
part of
No. 96.
One paper
and two
torn,
lines to a
leaf
of another, badly
15.5 cm.)
damaged
measuring 85X65
page.
= 21. 6X
cursiveness.
[Amram.]
96
Part of the 'Aruk by Nathan
b. Jehiel of
(s.
Rome.
30J?
PITS
(s. v.
v.
"3K).
Some words
are missing
nnns
]ntP,
and the
This
leaf contains
|1tP^3 N~ip31
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
(
7jX6|
ins.
= 19X15.5
cm.).
lines,
while verso
still
has twenty-one.
cursiveness.
This
leaf
it
is
continuation.
is
part
of this fragment.
97
Part of the 'Aruk by Nathan
b. Jehiel of
Rome.
Of
this section
These
words fB
]X~l.
about
is
cut
off.
There are
in-
work
into books
and chapters,
Every
letter of the
22
book, and there were accordingly twenty-two books, while the second
letter of the
Thus
1,
all
words beginning
with
3N belonged
book
in
1, 1,
chapter
chapter
while
words beginning
forth.
book
2,
and so
Being an
separate
adherent of the
biliteral theory,
make a
Owing
to the
fragment, most of the chapter headings are missing, and none of the
book headings
"IS
'1
is
':
(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
4|X71
ins.
= 10.4 X 20cm.).
At present
fascicle
four
4
5
two
two
Only
Accordingly
Square
[Amram.]
98
Part of a Hebrew-Arabic glossary to the Mishnah.
ficult
Only
dif-
The arrangein
ment
words
is
which
they occur in the Mishnah. This fragment, some parts of which are entirely obliterated, covers
the following tractates:
Horayot:
line
1
The
first
in
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-
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
88b-89b.
Fol. la begins with rriDN '1 b]}
moN
fol.
and lb ends
with niS'Enpi
with nr
*?y
mm
nirnn
vv
edition
,!
lrow
D'^Dl
(89a).
7Di
nr Jin -proB\
Two
fascicle,
measuring
6i6X5jins.
= 17.3X13.3
cm.).
Number
of lines ranges
from twenty-
ency to cursiveness.
[Amram.]
100
Part of the Arabic original of Maimonides' commentary on the
Mishnah.
to Ta'anit.
Some
and
2a.
The
latter
Two
sheet of a fascicle.
lines ranges
8sX5!
ins.
= 21.6X14.3
cm.).
Number
of
Square char-
[Amram.]
101
Part of Maimonides' Arabic commentary on Mishnah Middot.
1.8.
is
headed
2.4.
pis
in
One paper
ins.
(
damaged and
9hX6h
= 24.1X16.4
cm.).
Number
24
to twenty-four.
[Amram.]
102
Part of the commentary of Xahmanides on
Xiddah
(n"TJ
'tPHrl
fao-in ?).
lrmm
1.
(Xiddah 14b;
17),
CommenThere
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.]
103
Part of the commentary of Xahmanides
in
Xiddah
(ITU 'IPHn
? ]'K nriKD
om^
W\rb (Commentary,
p. 82c,
58).
After 1JDO abn" DTl'jKn ':sb HID our manuscript inserts a few
in the
lines
next page.
20).
This
paragraph
ron*
cit.,
p.
82d,
till
1.
It is afterfol.
wards repeated.
the bottom of
1.
2b
wvn
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).
till
the bottom of
p.
fol.
4b
'ma
cit.,
85d,
1.
56).
The pages
later hand.
same codex
and
106.
Four paper
of
lines
leaves.
is
8^X5}^
ins.
= 20.4X14.4
cm.).
Xumber
which,
on each page
twenty-four.
twenty leaves.
The
104),
inner sixteen
leaves are
found
in
[Friedenwald.]
GENIZAH FRAGMENTS
IX
PHILADELPHIA
HALPEK
25
104
Part of the
]'2D-\rh).
commentary
of
DHyn
]"?13
I'lTJDI
4),
D'nnsriEO
37).
The
tractate
in
this
fragment.
later
The pages
hand.
of
This fragment belongs to the same codex as Nos. 102, 103, 105,
and
106.
8^X5H
ins.
= 20.4X14.4
string.
cm.).
Number
acter.
of lines
on each page
is
twenty-four.
They
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
nmeo
1.
1
"|Dn
nun ? ^>m'
1
'33
fol.
'EHp
8 from bottom),
and
'IN ?
,l
There
number
of variants,
some
of
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.).
lines to a page.
106
Part of the
commentary
of
'yapa mintae?
and
fol.
vr
ir
rno
'EJ^l
1
(Niddah
m'-IN yiP ?
1
42a; Commentary,
'-n
p.
89b,
1.
26),
'D1 ?
irr
pilN
irV0
92a,
1.
59).
There
is
number
of variants,
some
of
This fascicle
belongs to the same codex as No.s 102, 103, 104, and 105.
26
cicle.
Size
7f|X5f
ins.
= 20.1X14.3
cm.).
lines to a page.
107
Part of a kabbalistic commentary on tractate Berakot.
of each leaf
is
Recto
headed
rtl3~l3 rl3D0,
P"1S.
Fol.
corner of
fol.
"IDN
N^n (Berakot
3a),
which
is
continued
left side.
(ibid.).
text
is
and there
."Jvy Dl7iP
,!
are some
"IDN1
lexical
as
it
m^p
n?sn
riN
n Tisnen TP3
'ronrCTP
'IN
yob
'33 n[n
Tpbvn]
(!)
'by*.
Two
sheet of a fascicle.
8fX6i
The
ins.
= 22.2X16.4
cm.).
There are
text
is in
in a
[Amram.]
108
Part of a commentary or responsum on tractate Hagigah 21b and
22a
(in
The opinions
KTN)
are quoted.
is
A
off,
torn
lines,
measuring
6X2|
ins.
= 16.4X7
cm.).
[Amram.
109
Part of a
commentary on
tract.it.
Yebamot 22b-25a.
<>!'
This com-
mentary
is
thai
Rashi.
(22b).
mnvb
D~is
D"3 "3
The
any xyb
GENIZAH FRAGMENTS
A
IN
PHILADELPHIA
HALPER
27
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-
This
"np!"l,
continued
owner
of
Two
4X12.7
6^X5
ins.
= 16.
cm.).
The number
to a page, except lb
[Amram.]
Ill
Part of a lengthy
commentary on
tractate Shebu'ot.
These two
No
school of Xahmanides.
Two
7sX5f| number of
= 18.1X15
preserved
cm.).
is
The upper
part
is
torn
off,
and the
lines
twenty-two to a page.
Square character
[Amram.]
112
Part of an extensive
commentary
(not
by Xahmanides) on 'Abodah
Zarah.
37b-38b.
One paper
(
ins.
= 19X14.6 cm.).
Square
three.
character
distinct
tendency to cursiveru-".
[Amram.]
28
Bmo
Recto has the concluding formula of the book, which ends "lOH
DH
rVWD Bma.
in
nam: 'may He
fulfil
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
Mi hikes
lb and
(Genesis 40.18-41.3).
2a.
Some
fol.
Wayyiggash
46.28-47.14).
in
the printed
Midrash Rabbah.
Two
part
is
sheet of a fascicle.
6|X4f
ins.
= 16.1X12
cm.).
The upper
Square
torn
off,
lines to a page.
[Amram.]
115
Part of a rationalistic treatise on haggadic passages in the Midrash
and Talmud.
Fol.
lb begins with
mjm
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
is
Some
lb and
1
2a.
latter concludes a
discourse perhaps on
is
ainb
"DDK
no-o^anm
POTS nr
n^iyn
followed by ~iok
mam
ra ynv nana
an
{ibid.
40b) and
Fol.
now THO
21)
"1 rrn
htp noK
inp
concludes the
GENIZAH FRAGMENTS
IN
PHILADELPHIA
is
HALPER
Jiy
29
followed by
vp2V |3N
IN' 3 "U3l
n ? n'DJ
too
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).
Two
Number
paper
of lines
1
leaves,
7|X6j
ins.
= 20X15.5
cm.).
on each page
is
twenty-seven.
Rabbinical cursive
character. Fol.
la
is
Fol. 2a
marked
we
116
[Adler.]
The
bears
first six
Book
of Joshua.
It
Fol.
6b has only
six lines,
D^GW
on.
Fol. 7a is
headed
fol.
This ends on
8a.
On
a sermon headed
mDSJ ?
1
B>1VT,
which ends on
lib.
Then
fol.
follows
1.
13a,
~Tfc>3
11.
'"I
Then
"HPK
1D
'l
of
headed
mm po
"in.
? "10ND.
The
1
last
in the
same
writing as the
first
fourteen.
"?>
The
7T31
first is
headed nDS
1
'y'SP
niOP nDS
Of the
latter
first
preserved.
It
Twenty-two paper
ing one fascicle.
by a
string
and form-
in consecutive
order from ID to
Size
8|X5H
ins.
= 20.6X15
3D,
cm.).
in
With the
an entirely
which are
from another
treatise),
page.
The other
hand.
six leaves
have twenty-four
Italian rab-
30
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
lb.
Fol. 2a
headed
rmn
]T\D7,
DBQ
W:n
"13
iry^N
T
2b
Rabbah
1.10).
to answer them.
At the end
of fol.
we
are
It
still
in the
Two
Number
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,
6|X45
ins.
= 17.
Number
[Amram.]
119
Part of a treatise, in Hebrew, in the form of an ethical
merits of charity.
literature.
It
will,
on the
Two
fascicle.
8^X51
ins.
= 20.4X14.3
cm.).
Number
of
lines
Square character
[Adler.]
120
I
ragmenl
of
mpios noVn.
(p.
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
was
GENIZAH FRAGMENTS
longer.
I\
PHILADELPHIA
HALPER
31
But
this part
is
01
ma
n
1.
[np'JDl]
(ibid., p.
86,
1.
12),
and ends
from bottom).
of important variants.
Our fragment
offers a
number
'0'
Thus the
1.
nnp^O
(ibid., p. 85,
1
19)
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
The
is
that of a
man who
is
a will.
edition.
The formula
is ]33~l
edition
"On;
W.
(
One parchment
measuring 7|X6g
ins.
= 20X17.4
it is
cm.).
Number
part
fore
is
of lines
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
woman
divorce.
of this
responsum
preserved.
2
(fol.
Responsum
hibition against
which the bridegroom makes or to that which the bride's father makes
for the
bridegroom.
3
The answer
is
that
it
Responsum
(ibid.)
is
per-
missible to rescue a
rested
Talmud
it
that
it
is
Jew
to rescue that
man by
possible means.
(fol. 2
Responsum 4
b)
Jew
may have
skill
his
in
fermen-
32
that
if
such a procedure
is
to be
recommended.
one time.
Responsum
is
(fol.
man
redressed.
The answer
is
that
it is
allowed; but
Of responsum 6
served.
It
(ibid.)
is
pre-
who come
hours of the morning during the festivals and Sabbaths to recite Psalms.
Fol. 5a-fol.
by Hefes
b.
Yasliah.
of the
book
3.
with
civil
brought as a duty.
Part 4
(fol.
12b)
is
headed bj^H
'si
DN"I
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
'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.
Here the
manuscript breaks
fol.
off,
though we are
in
36b
is
blank.
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
m
'r
'nn
Nip
,_
t
^y^N u
-uy
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.
tendency to cursiveness.
The
is
first
fascicle
which
no doubt incomplete.
leaves each.
The other
As was
bottom
fascicle
customary among
page of a
Every
marked by a
know with
original codex,
fascicle
which
are
is
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
six leaves.
Fascicles 3
and 4
The
last fascicle
and a
37 which
is
The
writing
[Adler.]
first
is
four leaves are of a lighter hue than the others, but the
if
similiar,
122
Part of a
Book
of
Precepts in Jewish-Arabic.
in
The preserved
This work
is
neither
many
respects.
Apparently Hefes
in this
may have
ni]D is
uses ny~IB>.
work
p.
a fragment of which
was
705?
fascicle,
Two
Gins
measuring
X5|
ins.
= 16 X 13.3
[U.
P.]
cm.).
Number
of lines ranges
from seventeen
to eighteen to a page.
cursiveness.
34
compendium
of Pesahim.
I.
3o,
fol.
(21a,
(ibid.,
1.
15);
1.28).
The words
teleuton.
fell
No. 124.
Two
fascicle.
6iX4xe
ins.
= 15.5X11.9
cm.)
lines to a page.
slight
tendency to cursiveness.
[Amram.]
124
Part of Al-Fasi's
Fol.
compendium
of
Pesahim.
D'lanai
^3D
(chapter 10, p.
(ibid.,
is
20b,
1.
1.
10.
25).
Some
38),
to
1
be inserted here).
(21a,
1.
The
new ? 'y'SPn DV
1
]'3 n' ?
ID'a ? Dyn
1
'JrH
On
(ibid.,
1.
48).
of
Instead of Dyn
the scribe
wrote NO^y
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
[Amram.]
125
Al-Fasi's
compendium
of
Baba
)'3
batra.
and
Mishnah).
faded, measuring
lines,
One paper
(
leaf,
badlj
damaged and
lias
9^x5s
ins.
= 23X14.3
(in.i.
Recto
nineteen
seventeen.
[Amram.]
GENIZAH FRAGMENTS
IN
PHILADELPHIA
HALPER
35
126
Pari of Al-Fasi's treatise
on
Tefillin,
Menahot, chapter
Fol.
3,
with a commentary.
commentary, which
is
followed by 'NH
l'7'Brn
Nmayo
fol.
Some
between
lb and 2a.
The
]'T3yo
1.
]'N
P'p ?
rnXDH (8b,
are
1.8),
and
fol.
2b ends with
{ibid.,
29j.
There
some important
variants.
Two
fascicle.
6|X5^
ins.
= 17.1X13.2
cm.).
lines to a page.
ness.
[Amram.]
127
Fol.
1
is
part of Al-Fasi's
compendium
of tractate Hullin.
p. 38,
1.
miDN
13,
38b,
1.
1.9).
fob'
lb
39a,
17).
They
sVn
in
the extensive
nsi3
commentary
(38a,
1.
of R. Nissim.
1
Thus
15)
occurs
n R. Xissim's commentary.
hand.
The
scribe.
The
style
represented by
but
in
some cases
it
is
indicated by~.
Is
it
by Samuel
b.
Two parchment
Number
there
of lines
leaves,
X6^
lines,
ins.
15.5
X 15.3
cm.).
on each page of
fol.l is fifteen,
are
twenty-two and
twenty-one
Square
The
writing
larger
fol. 1
are
much
36
than those on
This
is
to be accounted for
by the
[Adler.J
128
Part of Maimonides' Yad ha-Hazakah. Hilkot Talmud Torah. 4.75.3.
(4.7),
pnsn ?! Twrb
1
(5.3). in
over
it.
Thus "lmnno
explained by ITS
]2T
= 4J
(
^_).
5
is
The paragraphs
(It
Chapter
headed p~IS
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.
TDBDH
rf^y'tP (12.20),
l^U
insignificant variants, as
OIX
in
instead of 13102T
The word
J\
tP'tp is
omitted
in
12.20
The paragraphs
are not
Arabic characters,
and
^s>-
^m_>-^J1 <uJl
-~j
is
very plain.
is
originally blank,
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
3a,
1.
Chapter
3a,
1.
14, to
1.
fol.
6b,
1.
3.
Chapter
is
15 extends
from
6b,
1.
4, to fol. 8b,
19.
TVS:
]DN=) D'JN
pm
y"13.
fol.
Then
follows
HIID 13D1
ntiroi j'^sn
fascicle.
leaf is
and
fascicle 2.
The
(chapter
fol.
first line
1,
1.
9a)
is
DlBOIDjni
^pi
to
^'111 ]H
nPiy
12a,
Chapter
from
to
extends from
1.
fol.
12a,
1.
5.
fol.
14,
1.
16.
Chapter
from
1.
3 extends
1.
Chapter 4 extends
fol.
fol. fol.
19a,
1.
24,
1.
24a,
6,
to
of
26a,
1.
16.
26a,
1.
tom
fol.
28b which
On
the lower
left-
hand corner are the words 'y'SC pis with which the next page
began.
The
last
is
obliterated in
many
places.
numbered
offers a
in this
fragment.
of variants in phraseology.
Our manuscript
number
9^X65
ins.
= 23X15.5
fascicles
by a
and
3
consist of this
of
fascicle
1,
is
to say,
two leaves
missing.
leaf at the
Number
of lines
on
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);
One paper
X14.6 cm.).
leaf, slightly
ins.
= 23.1
Oriental square
[U. P.]
38
THE
1.
mi muy
"irtN,
One paper
(
leaf,
95X65
ins.
= 24.1X17.1
cm.).
lines to a page.
Square
[Amram.]
133
Part of
Hebrew
text
of
Maimonides' Yad
translation, which
ha-Hazakah.
is literal,
The Arabic
first
The
word or
so in the
is
Hebrew
paragraphs
in
red ink.
headed mtP,
The paragraphs
(N71N3p3,
and
'"71DS
(2.15).
Thus
pi
71N3171
Para-
WW
it
n~IB>3
'W wnv,
whereas
nt3TI
ir
in
WW.
YV e also have
Hn
nn
(ibid.).
is
new paragraph).
The
translator
(see
No. 134).
Size
5^X31
ins.
= 14X9.5
cursiveness.
[Amram.]
134
Probably the
title
ha-Dayyan ha-Maskil.
'p'3'3
Recto has
'
in
113771
u~id.
Then
follow
may
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
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.
b.
Rome
This
om3N.
first
.'T by mrre>
mD^n lobm
b.
Benjamin
of
Rome.
The
author's preface
Seeing
relying
many
in
of his
countrymen rendering
deci-
who
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.
[Amram.]
136
Fol.
1
It
might have
-ps
nnryn.
.3 nyo ?!
1
mra ? nmnN ns
1 1
tiit xb
Then
follows a paragraph
It
scroll.
?
1
nwyb DIN
3'n
pyotP p-|
'131 piTIQ ?
|"3D
YNO
Re 'eh,
ed.
Friedmann, where
statement
is
ascribed to R. Ishmael).
tvyn xb
(our frag-
'3B7).
'131
This page
four words
ends N'wn by
The
last
Some
ot
lb and 2a.
The two
leaves
40
Fol. 2
is
Arabic.
It
It
divides
prophets and
prophecies
'3
into
'S
four
categories.
3'11
begins with
T^in
Vp H31
NO.
Words and
Almost
The orthography
in
is
is
respectively.
.
as N/>y = ^ic
A long a Xo dia=
p^> j*
1 stands for
^
is
as y'TID
The word
]N after
yTIO
in the
above quotation
ba' den
a kind of enclitic,
= " after"
for the
in
modern Arabic.
it
merely stands
is
nunation
= maudi'in.
The
first
When
it
'
the
"?
is
entirely
omitted.
Thus
'3ttt=
mN = J Ul
a.
in
,
TDN
l
curious spelling
is
n 01N 7N = <*Y\.
Two parchment
Size
leaves,
fascicle.
is
5^X4^
ins.
= 14X11.4
fol.
Number
twelve
of lines
lines.
on each page
Oriental
thirteen,
except
2b
which
has
square
[Adler.]
137
Part of a code or theological
treatise
'1
in
vulgar Jewish-Arabic.
is
The
a
first line
of
fol.
la
is
^"?pon
the
continuation of N'tPJH
*?y
fnoiN EH.
The sentence
new
I
The
few
lines
are as follows:
"? ,1 ?3
"p^N nV ?
1
10rr?N
?N MS)
lb,
0' ? rrrt
1
nrON
"?
n'n.
the
end of
but
is
not finished, as
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
y^lD
The words
o'Jl
NO
of
fol.
sentence.
<>f
No. 136.
In
this
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
Size
Two parchment leaves, forming the outer 5X4$ ins. = 14x11.4 cm.). Number of
(
on each
tendency to cursiveness.
fol.
lb and
fol.
2a of
fragment
is
and 2a
of that
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
(
damaged, measuring
least
5^X4^
ins.
= 13.2X11.4
cm.).
There were at
[Amram.]
139
Part of a Jewish-Arabic
compendium
by Samuel
Fol.
1
b.
Hofni.
The two
treats of the
The
fol.
2b,
Two
a fascicle.
= 20.6X14.4
cm.).
is
Number
of
lines
There
some writing on
140
Part of a
in
compendium
of the
closely as Al-Fasi.
of tractate
*?y
Shabbat:
wv
nyata) to
66b (bun va
o^iaya]^
vv
]'a
njnri).
Some
fol.
lb and 2a.
42
Fol.
.mm
to 74b
'KTl).
This
is
Two parchment
fascicle. Size
leaves,
ins.
(
of a
7fX5f
= 19.7X14.9
[U. P.]
Number
of lines ranges
tendency to cursiveness.
141
Probably part of a
Terefah.
treatise,
in
The author
unfit for
in Hullin 3.1.
He
One paper
There are eleven
leaf
measuring
4^X5H
ins.
= 10.6X14.4
cm.).
lines to a page.
slight ten-
dency to cursiveness.
[U. P.]
142
Part of a treatise,
in
The author
married
woman
b.
Hefes
may
be mentionned as
A piece of parchment, badly damaged, measuring 5^X5s ins. = 14 Xl4cm.). About nineteen lines to a page have been preserved.
[Amram.]
143
Part of Tur
Hilkot Keri'ah.
'
One parchment
5\
leaf,
badlj
damaged and
turn
faded, measuring
ms.
19.2X14.() cm.).
pari
Twenty-eight
i-
lines
off.
(Amram.
GENIZAH FRAGMENTS
IN
PHILADELPHIA
HALPER
43
144
Part of Tur Yoreh De'ah by Jacob
b.
Asher.
(356),
Hilkot Keburah.
Dnr
-ira>
IN
myo
One parchment leaf, badly damaged and faded, measuring 8X5fJ = 20X.314.4 cm.). About twenty-eight lines have been
(
pre-
served to a page.
[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
Recto
cursive
[Amram.]
146
Part of a
Fol.
1
Some
between
284.
fol.
lb and 2a.
on paragraphs 282-
The appearance of
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.]
page.
Italian
character.
147
Jewish- Arabic, dealing with the prohibitions against robbery and oppression.
It
seems to be part of a
treatise, in
first
and
This
it
is
from
,(
his wife.
is,
?n jN^N
ym
O^NBoVn
tion
is
now
Men-
made
'3r
NaN^N
"IDS.
44
One paper
14.6 cm.).
damaged, measuring 8x5| ins. ( = 20.3x Square character with lines to a page.
[Amram.]
a tendency to cursiveness.
148
Recto
Arabic.
is
unknown code
in
Jewish-
This page
begins with the mention of the seventh chapter, and the words 3N37N
3"3^N are
light;
legible
Chapter
chapter 17 with prayer; chapter 18 with writing; chapter 19 with building; chapter 20 with
women.,
heirs.
it
'm
[]TD
hup.
One paper
(
leaf,
8|x4|
ins.
= 20.6x1
page.
cm.).
lines to.
[Amram.]
149
Part of a code,
tural readings
in
and the
One paper
leaf,
measuring
7gx4
ins.
= 18.7 x 1.
in.).
There
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
headed nDD^N n ?
,l
DHp,
when
riday night.
The
first
quoted.
cm.).
= 17.1x11-7
[Amram.]
Square
GENIZAH FRAGMENTS
IN
PHILADELPHIA
HALPER
45
151
Part of a code,
in
ritual.
of
which
Then
DNyu^N nN2:i
length.
offer
many important
One parchment
Recto has seventeen
measuring 5\ X"H
ns
= 14x10.4
cm.).
lines,
[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
full.
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
One paper
(
leaf,
slightly torn
ins.
= 18.7x13
cm.).
Number
of lines ranges
to a page.
[Amram.l
153
Digressive discussions,
in
Abuyah,
and various
gives his
The author
He then
zbh pis
H31D3
TD^n^S
'S
mam).
deviates
from
his subject,
One paper
[U.P.]
leaf,
|xo
= 23.1x15.2
cm.).
Num-
twenty-two.
Oriental
cursive character.
46
The many
.
14)
and D"nsnXTI
'33-1
'Din
{ibid.,
1.
15).
ins.
One paper
are
leaf,
(=31.1x21.6
cm.).
There
lines.
two columns
to a page, each
[Amram.j
155
Part of a gaonic
responsum on calendation.
It is identical
with
responsum
HD
17).
1
131E>
orb "DON
l"?
'37
Vavn
-| ie;
03 THJI dd^hn
{ibid.,
3).
On
text.
There
errors either in this fragment or in the manuscript used for that edition.
"IUJ?
DVn
(Lyck,
p. 4,
1.
ment has
TQDB> which
is
On
of
3.
the other
bxrw
ment
ibid.,
(Lyck,
is
p. H,
1.
4), as
it
has ISTOn.
The
spelling
D3Np
1.
note
HO.
16,
The
following variant
is
interesting.
The
ed text,
p. n,
has myue>
103.
yvx
l'Ni
Some words
of our
is
measuring
7|x5H
ns
= 20x14.4
cm).
Number
tal
of lines
fifteen to sixteen.
Orien-
These
string.
156
Part of a collection of nsponsa by R. Hai Gaon,
Fol.
la
is
]2
TVyW
W; are
still
isible.
GENIZAH FRAGMENTS
h;i<l
[N
PHILADELPHIAHALPER
47
It
of another.
Some
fol.
two responsa.
pp. 43-47.
fsacicle,
Two
badly
damaged and
7x5i^ins.
= 17.8x13.5.
cm.).
Num-
[Amram.]
157
Part of the collection of responsa
known asD'Dtfn
]0 T\"W
by Jacob
Tl7NB>
11J71,
and
let-
are
marked by
From
these letters
we
infer that
there was a
much
For the
No. 158).
of
= ibid.,
is
2)
The question
Geonim.
(
accordFol.
(
ing to Al-Fasi
or the
The
reply
51).
torn
off.
lb
= ibid.,
Responsum 365
39)
is
af-
a sin, as
is
The
reply
is
torn
off.
Some
lb and 2a.
The
latter
The
writer
remarks that when the answer reached them they rejoiced greatly
Responsum 404
Day
of
Atonement.
Responsum 405
why
it
is
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
different, this
fragment seems to
48
I
my
atten-
One and
sheet of a fascicle.
of lines to a page of
is
10|fx71
1,
ins
= 27.4x20
cm.).
Number
of
ter
[Adler.]
158
Part of the collection of responsa
known
as Q'QtPn ]0
n"1E>
by Jacob
few
lines of
responsum 414
it
= Legneces-
is
sary to take out the lungs of a slaughtered animal in order to examine them.
Responsum 415
= ibid.,
the
(Hullin 48a).
The
question
is
whether the
The
answer
is
if
the lung
is
not grown
(
the meat
is
unfit.
Responsum 416
= ibid.
of poultry.
Responsum 417
= ibid.,
19)
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
Ten Days
is
of Penitence,
it.
less
The
against
it
Responsum 419
some places
= ibid.,
is
25)
question whether
is
dalah
in
synagogue, for
customary not to do
is
so.
off in
in
the
157.
is
many
leaf,
One parchmenl
(
badly damaged,
of lines to a
measuring 10xx7s
is
ins.
=27.4x20
cm.).
Number
page
twenty-two.
[Adler.]
Square
GENIZAH FRAGMENTS
IN
PHILADEPLHIA
HALFER
49
159
Recto has an inquiry,
in
He
signs his
name Abraham
The
inquiry
Moses, and he
entire
is
and the
document
apparently an autograph.
is
six lines.
The
inquiry
is
and
third of
^ISJ TOBM
ir3"l
um\
U'STl.
whom
If
it
he owed eight
Reuben owned
to
some
of his
children, should the debt be paid from the half belonging to the widow,
inheri-
made by
for
It
has two
Column
1
seems to be headed
I.
'am
'0 [B>3].
(col.
1,
1).
A
' 3 -.
dirge,
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.
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
b"l Niry ]3
tion, vol.
D13Na,
(Rosin's edi-
II,
with nhHb: b:
mm
leaf,
One paper
damaged and
[Sulzberger.!
faded,
measuring
10fX7g
ins.
(=27.6x20
cm.).
50
A
. .
volume
of various
responsa.
The
first
1
.nrsDn
p it ?
mrr ?
-imo.
.d'w
irm
bap
jn
to be enumerated.
Then
folrpfli,
is
't-'ndo
roiiK
ktm
and
five
The
writing on verso
in
The
lrrspntp.
.'KJDJ?
bw
nun
inoi
is
marked
(the
number 2"3
The
ends of the
Two
one
leaf.
to
When
x5|
ins.
= 22.8x
[Amram.
13 cm.).
lines to a
161
Part of a collection of responsa.
Recto
siveness.
DNJD(?),
is
in
Hebrew,
in
L.
3"
,i
?N
and
On
is in
Yerso
It
is
probably dealt with the laws of buying something from a Gentile before
Passover.
This
is
man who
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
*a"tt3
nwo
Yimoan
nuwn
m^Ntya N*ro
1W
'"in
on
fol.
2b,
1.
yonv 'D3
.tum^n
raan
1
sin
i^on
'3
raw
-i^w ana
.n'rns
p yenn
pa ?
b"d-i raw.
Four paper
end of a book.
two
ins.
Size
7^x5^
first
= 18.3x13.4
cm.).
There are
Italian
about twenty-two
cursive character.
The
word
in
in
square
hand.
[Amram.]
163
Part of a discourse or repsonsum,
in
Jewish-Arabic, concerning
The
D'Jitan.
One paper
X18.1
cm.).
leaf, slightly
ins.
= 23.5
page.
Square character
[Amram.]
164
Part of a responsum,
in
of Passover
A
torn
entirely
off.
5|x8f
ins.
= 13x22.5
all
cm.).
On
Verso
are legible.
blank.
Square
[Amram.]
165
lengthy responsum,
in
of usury.
Fol. 2b
illegible.
however,
Two
teen,
x6|
ins.
fol.
= 22.2x16-8
cursive
cm.).
six-
except
blank.
of
the
page
being
Late
character.
[Amram.]
52
talmudic discourses,
in
Hebrew, probably
the nine2a begins
beginning of
fol.
One
lb.
m "ION
ins.
(Yoma
88a); although
2b
is
Two
Number
Fol.
is
8|x6s
= 20.9x17-4
cm.).
blank.
[Amram.]
A MANUSCRIPT MISCELLANY
Bv H. Brody, Prague
A. The Manuscript and
its
Contents.
About
was then
my
me
friend Dr.
for use a
Samuel Poznan-ki
manuscript which
Xe'eman
in
Eupatoria and to
whom
presumably
it still
belongs.
in
The
prose
manuscript contains
letters
to different times
interest
In
beginning
my
centered
unknown poems by
On
which
I
jotted
down during my
to
was enabled
is
The
description,
venture to
thought
fit
to
add
to
it.
There
is
not
much
to be said
belongs
168 leaves.
while
Fols. N
and comprises
letters,
'
are
1121, 3374,
script,
7599; the
rest of the
fell
I
manusuch
into
was forced
54
to
178,
and
this
pagination
in
my
notes.
The
materials
connected:
104a,
N21, 3344a,
To make
the description
in
more
clear
and
distinct
have divided
it,
XXVIII.
this descrip-
141,
157a, 159a,
tion.
160b,
100,
Fol.
105a,
and
On
fol.
44a
is
b'KlDtC
'xn
?B>.
let
us proceed to indi-
Fol.
Na rib:
]orn
nnno, Abraham
number
trao)
Bedarshi's
rosnnnn
nated as
3~in
JD'D, indicate
poem.
The antecedent
of G.
I.
verses
(tin''
found
in
the edition
Polak (appendix to
msn
Fol.
nb
11a:
of
uji
-inriB>
vp, a
poem
in
imitation
~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
Yahya
to Ibn
A MANUSCRIPT MISCELLANY
BRODY
55
comp.
my
The correspondence
1
consists of
N'rv
'1
*)DV
nmo
']
(the super-
scription quoted
by Steinschneider, Hebr.
"nanon iN^y ^"r
Bibl.,
1
XV,
55,
wa^
no ?^ 'in qvi
ox
mi,
thirty
verses together
/.
Steinschneider,
b)
"\h
c.
1
!,
beginning: rn'jna nn ?^
1
"?n 'n
rmi3
"?ian
c)
V0, three
verses.
1
a 'ns-ip ?
7
,
ion
nai vmi'or
mora
(P'J'y)
hjb oyo
,!
d)
'n^iam
inpsj
'jni
(!)
|in
-
vyn nx Nr
vinx
-irmi
muT
'nsp
'nsDim
-ipn nn'tp
nni nniwi;
then follows a
jiiotn
"?y
poem
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
numerical
number
,
did -ibdd d
d-
*?y
-ny
iNia,
i
The manuscript
unvocalized throughout;
this
56
3
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
-mym
"iidn'i
i^o
pp'i
7ip3] tit
7
(i^ipa)
y-iop?
rns
nmiN
nan
nay Ta
-p
]n-i
nna
lNia'
,!
lN'a'i
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)
number
of verses, beg.
"in
(rhyming word
'"73
42).
ain
Without superscription:
again 42 verses,
7y
nN pop tins
mono,
VJHN
h) 17 niy,
e.
'aTwa vfo
nb}
mi
\tn
^b v&x nin
da-Piera, as
15a
20a:
Poems by Solomon
irra ?
3iti> 7
dodhbo
^yaw
fis?
XVI,
86.
'ill
TI37 ]OT
nia"i riDto
s,
"^ '"b^rr
;n3 *p"ia |?
<
tt
Gen. 43.25.
19.4
Comp.
recited
Ps. 63.6.
hundred
b<
daily
(Menahot
43b).
63.5;
M&
TO3T3M.
MANUSCRIPT MISCELLANY
BROD1
57
ne>3
nil
originally
numbered 100
verses,
but now
it
The
]0'D
!?npa lONj
'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
101N1 jyl
mo
'aipa,
onan
'nana n
-\&xb n"a
'a!?
v"?y un^Jl
prn [mas]n.
Beginning:
?^
9 introductory verses,
5 verses,
vaana,
poem proper
]Or.
O'^an pbn
(^y
in
^nti ]H,
is
named.
4.
ansa
11K'
nspa
"nn
inax
?,
scription
JO'D:
Than
rrrn
h^ p^a
Ilebr. Bibl.
irzinx ::]
According to Steinschneider,
XV,
78,
it
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
Om ?*
No'jy
HD
off fol.
(ms.
']
thd) ^mo.
nfc>a
xnry
'in
?.
Beginning
'JK
ism ins pr
VII. Fol.
n.33,
29 verses.
h"l
11,1.
33b 36b:
1
mw
1.
'nn
?,
featuring
VlDnn N ?,
1.
for nnpj;
1
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.
19
;
nbi
for PI'S
1.
25
Wip
for 'JlNnp;
26
anm
for ddd]
1.
2730
1.
as a separate
poem with
Variants:
the
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;
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
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
5 njna"7
1.
-)
?
1
for ~\b
1.
ink>j
1K3;
5.
inn ?
for 'an ?;
1
1.
inn TV
for baa.
for
"]nnH\
Variants:
1.
naya
for
rmsioa
ia
Win
ic
no
<
<
> r
is
A MANUSCRIPT MISCELLANY
6.
1.
BRODY
6.
.
59
Variants:
1.
D'pim
.
ruv,
.
'^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.
.*)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
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
rnnn;
1.
15
1.
dud ?;
1
pra
noy;
aiya;
l
1.
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;
1.
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.
oon
49
1.
my
for
for HD"iy;
nnsy in m
*JK1; as
1.
Kb
nnsy mis
MS.
has:
-ranN nV;
1.
52
pN
6970
iTTjr
1
the
niynm mpn
^nd n ?^
1
-ipk ^S3
raitwi
'in
1
-pi
?,
36b 39a:
^"r
!?1T3J
']
hd^
,
con-
poems:
.
wttb no
rv
] [
2.
-pun
,.
I,
_
2.
60
3.
n'
I,
p. 37,
1.
No.
24. Vari-
ants:
-j'lyri;
noai 'jn
pbys
;
for noai
nby;
4 ~|nyn for
1.
1.
1.
8 nnriD for
nnms
tod
for
mya;
1.
1.
for 'ona;
11 'n'aiob for
,
'nam ? and
in
for
1
nyop.
1.
12 reads here
;
nbati>n
1.
13 'Tin
1.
15
mp
for
np\
1.
16
rm
.
HON;
1 y
1.
nn 'niosy
,
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.
10 n'nn for
1.
1.
1.
14
urT
for
for
UTT;
1.
15 12HN
1.
for '2nN;
nmron naipbNi;
19
21
17
mba pnd
1.
mbattwo;
nan nya
1.
maa
for
~pna;
7.
I,
5.
14
8.
is
my
"i
)
came
in
Judah ha-Levi.
p.
Diwan
for
(Luzzatto),
16a, No.
Variant
in
1.
otvisv
on^iy.
9.
a.
Variants:
mrr
for Tin';
1.
4 ninnt^ for
mnnpo.
IX.
ibn
F"ol.
(I
39a
42b:
by Moses
Ezra
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;
>
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.
II,
2-12.
8.
nan n'jn.
9.
nou
,l
?3 py.
u?
1
-no.
no 3 '3Bn\
tn
^i a<
1
'3
n3Nn npwno n
is
j'j?
the
first
missing.
'in
1
X.
42b: N~uy
Tan
nivn
-nn rnw
?,
beg.
IT
trpntpo 3313;
XI.
sisting of
Fol. 42b:
onnu
two
verses, beg.
"linno
-qinzi
>
XII. Fol.
43a 44a:
'JIN
^"r
y'^Nnn ?,
Abr.
ibn
Ezra's
well-known Lament
n'Dn 7113.
1
m\
XIV.
Fol.
49a 52a:
:
Letters
in
rhymed prose by
afflicted
Solomon da-Piera 16
1.
ynN.
nw
'3
ons niSD
it
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
dh^r
who
PS 33
3.
|13DD.
pnsn
,
|HS
*?y,
exhortation to a husband
end:
."fS33.
(?)
D'TlN
DV1
HIT,
to a
,
community
]imi oaaima.
in
which disputes
6.
prevail,
end:
03
riN
]V
rabbi, end:
]Diro
fixn
Vs"?
"733
,nym n3i3
-|"?
ntoon -\vbid
pisnn ntPN
letter
,1DN3
from a
a Prague
manu-
script, a description
which
near future.
XV.
Fol.
52b
80b:
the
raham Bedarshi.
1
Vipp
otherwise
'Via?
,l
l
known under
word
''N "1?
7a 733, [a
n'3.
2.
un^H
l
mm
1
Psnna
myaa
mm
13103
in nisq ?
'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,
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
.,
in. 245
rMyn]
la:
..._
p^^ya.
tne beginning
the elegy
tin
C'i?N b>
IWKl
rD'N.
MANUSCRIPT MISCELLANYBRODY
63
y"a
m^iiDn niMN
'1
mimk rnns TMB>n '3 nuy3i nmonn ^la aya amo mn3 irvs Vy
n33
'ran
N'O^P
1
]3
Dnn3N
*7N
'-1
H331 "unn
pip
'3T1N
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
anna
'333 ibnp n
jm rmn
inn ?!
^yr
nnao
nsi
'ran
D^mn
Psa
1
D'aitoon ^p rma'pa
^si
notf.
The poem
ma
in
nnsD
rmu
c)
D^n
(3
(?)mar
verses,
,!
?n (rhymed
prose);
Q'X'^o^l D'yno^
pibn
published
p.
and 369;
1
msn omn
prose);
'
l"?
Appendix
e)
24);
TS ? (rhymed
nn ra }>nK
fc)
nnsy
^yia
(5 verses;);/)
(rhymed prose)
g)
}ow
dvd
3H3
;
n3
"?y (2
verses);
prose)
i)
w\rbw ^ao nn
&)
mo
13*3
j) 3nnti>
(3
irai
/)
(rhymed prose);
Dormn ov
'lV'
verses);
]fc>n
pnar 13 'tma).
D'^yi utx
Tinrn }ns
tot
i8
"D^iB^ya
ni^pn
ioty !?fcofepa
nspp n&a
No. 1214.
nan n*n
Comp. H. Gross,
4.
l'3i
^ia^
"'ran
'-1
naa'snso
'
20
nmpo
i3'3
rrm
omiD
'n
^nan Disn
t
pno
1
nsp 'arm
TPH
a)
(2
,
nr v"?
,,
r
nrao
^i
Dy vn
c)
nr:
(15 verses);
ntf3
&)
-p'P '3X
verses);
|i3K>n
nn3
(rhymed
prose;
ends
'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.
ms-io
rri
anaoo mnsi
nsina
mpwyn T nua
prose);
e)
(11 verses); 6)
*vb>
verses);
rf)
pna Dip
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)
g)
ion
^nin a^n
5)
(2
verses);
pmn
/)
,!
D'3K3 nnn
(2 verses);
o'oro
v)
^y nan (rhymed
Dnna
1
(2
verses);
D'Torn
"?s
D'DJOJn
(rhymed
'anna
prose);
(rhymed prose;
ends
annas
mjyi
-\'w
nmoo
c, p.
'n
pnnaa sxo
^aoo;
onoi jtth,
2 verses, beg.:
I.
oa ?
1
comp. Gross,
7.
i"?
104.
myi
(i.e.
to the same,
a comprehensive epistle
a) ny-i rniaraa
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)
(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
oo ? aan ^sin
(2 verses); 0)
yns nay
p)
(2 verses); g)
^3
A MANUSCRIPT MISCELLAN'V
-BRODY
65
nman
no:
The address
(nnon
*?y)
a-)
niDmnn
-iry
8.
'as^
(rhymed prose);
nn
(2 verses).
"7s
nnann
B'anan
rrrns
|in
"?y
piNno
n!?
ennaa
rnan nxn
33
hd'tp htM"\
pnar
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
aip'n
nip
the an
Todros ha-Levi;
p.
comp. Mordecai
n"a
a,
Tamah,
*\DD nvatPO
(Amsterdam 1765)
this
where the
is
a lacuna between
10.
piece.
mn
mn
p
ovn
n*i
la^o
m^ ?
1
n^a-iyn
nmipa ls'unn
D'aiawin DTian
-ion
'at^a
"?^on
pviym Daina
"?y
23
;
xaam
noi
beg.:
Tin' D'n'aa
maaa
"jeay
amn (Appendix
is
p.
26,
Todros
11.
mmnn
Tn nn
(Todros
toman
~iaiy
)
p.
no ?.
1
to Bedarshi, accordin to
nmn
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.
nnna
np
,
nn'or 'yrv.
133
m.
1
ana p
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:
verses,
beg.:
nvi
nnnuN an Da iBwn.
18.
msa ann
inayi
(Todros to Bedarshi,
in
'filD'in;
tornarmmn
nasi no?
ma
nmn quoted
intended
mK3 ann
*]DV1) is
from the
difficulty in
'17,
which cannot
in
The
Nin N'a73 17
man nmn
wrong, since
every word
20.
letter 7.
now
trnn
mxa ann
mi's
iKntJW
in3yi,
2 verses, beg.:
]wh 17
ni3i^7
21.
pnm
^ns nosi nn
2
"|mTT pip
dp inn
nnnax.
22.
rato
1
'i
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
'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
'3N1
-|i3y
not noted.
mnsD
nr'^a
is
in
the
super-
scription
correct
and not
11N1S0 as
24.
editions.
vsih
i"73i
pmo ikd
ion nn.
DHona
vbx
^ino ]h 10333
ms
'3i
n'jo
verses,
a.
beg.: ^ino
is
p.
n"3
in
Saul
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
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.:
Bergmann
in
Monatsschr.
Gesch.
u.
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^,
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
68
pjDn
n"D
b, to Saul, in
Monatsschr.,
for
1
ibid.,
without
is
addressee
(in
both
ed.
mst?
"V0n ]0
nany).
This piece
*]id
Bnnn3B> no
nr nan
ay, comp.,
however, below
sub 32
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;
1003
1.
DTia.
As
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
false
its
readings,
and
and
forms,
make
and
kind
poem
worthy specimen
of its
(P=
Pollak;
manuscript;
errors in vocalization,
^rn^Tipi
*inx
25
pny *|B3rno
28
^?a
nyp
nssinDn
^irfc *
*\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
Bums
I>
this
O'OINTI.
^ITt?
D'CH inn.
69
'r\b
irrirraa
pd]
3s
^nin _i 33 dhi
Dip 1
^irt?
4,
n3Nn "^noi
,'09]
"|n
irPB3N iron
|oi *)3XD
1
^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
tims Di"?n
innpun
vn^a nn
"vp,2 verses,
noN
~na
mm.
35.
1
'ni n^n
TT
"I
^N
36.
noa.
Here Todros
n^n
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
no Nin mnspna
t^nn i-v
'n
onpm
np nos
i:ora
nVpi nosn
may nns
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.
"n^p nuDD anyn um n"?yan oonn nnn nnmyo nmsn anya nnisn nsr
1
The piyyut
is
missing,
with
nbm
n^i
I
imi
pbn vb nb ub xb 'jnD'
"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)
70
(?)na 7n nmir
l
mam
1
s^i
mm
f}bn\>
"?
nunNi nniND ?
,!
rm
.[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.
Gallia, p. 425;
about Samuel
XVI.
nD^tp
Fol.
84a
b.
94b:
1
Poetical correspondence
be-
tween Solomon
'I
Mubchar and
'-in
nann
i"na
nan nVs
The
^N'ny pnir
o^n
to
"imio.
Solomon
Isaac:
a)
lopn D'TD!
6)
(4 verses,
(3 verses,
D'^m
n ^a
c)
nmn^
:
aiD
n^
mm
mn
(rhymed prose);
noan D'3
n^ltfn
D'TS (rhymed
2.
prose).
1 1
vrrtp
nsnp ? nxx ?
1
to
Solomon:
f'ln);
a) "iptyn
b) 'p>n
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.
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
d)
)m any in
"jVin isi
(riddle
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
Tin mrno ny
(4 verses,
rhym-
A
ing
e)
MANUSCRIPT MISCELLANY
d)
BROOY
71
word nap);
'D
(rhymed prose);
prose).
Address: ]nan
5.
ono
N^n (rhymed
1
nainn
nnioa
yn^ mNip ?
nyn
'3N
-\b
d'nxiti
lay
nBHDi
(4 verses,
(3 verses,
"joy
)iir31
~\nop
pan
c) il331 *?dv
iipn
Wn
(riddle
the pen
d)
is
rhyming word
e)
ilN'13);
TJO 1B10
ypn' dn
(rhymed prose);
prose).
1
Address: DEn
13131
6.
Ton
'ay
(rhymed
'3k^jo ujr
nri:
a)
b)
'poy3
-|T3
2 verses
(7 verses,
(3 verses,
c)
'Jar
nb'
ny
d)
e)
ny
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
yew
prose).
1
'in nVy:n);
(rhymed
8.
moi
noi:
a)
[r.
?0'i^]
imP?
b)
i^pj njyo
rruo
nuy
(3
verses,
xb
an a^n 13D3
(2
(2
c)
ybu
"J3'0'
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)
(rhymed prose);
prose).
Address:
^sn'
nsr
"?y
72
triND
rminta
nnns
iVtfl:
a)
in
"?y
(2
;
verses
6)
consisting of monosyllables,
DO^D TOOT
aN
y-lD
(2 verses,
*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,
/)
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
(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
a) anrntf
6)
c)
-p-p
-j co
bnawto
(2
verses,
D'y^D 'aKO
a'antr
nrai
(2 verses,
'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,
':?'30
'D~i
(2 verses,
osn
mxS
'33^ (4 verses,
1
nmo
-|npa>D
iny
/) Address: NBna
Tm piN
(2
*!
nnx
r:*i:
/;)
a)
verses,
3B3
ny po3
c)
n)nrr JDI
'TOF
'3
n n ?an
i
verses,
naaa
nyn'n nan
7iH
(riddle on
(I)
the pen, 2
lariN
^nni;
vaj
verses,
rhyming word
A
e)N*irin 77iro
BROD1
:
ip (rhymed prose)
1
;/) Address
(rhymed prose).
14.
i3'D*a
ana3
n anai:
a)
-iiy ?
im3
verses,
"|-ra
r\:p
bmr);
6)
TUB
c)
ninx la
pB
naN
m^m
1
(2
"ntppi
rhyming
(7
word
77"ir);
"7n
verses,
rhyming word
e)
y:
"|nraa
(rhymed prose);
(rhymed
a)
prose).
lnrsD rmi:
iTn);
my
on
(6
;
verses,
c)
rhyming word
"ymnr
T)
(10 verses)
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
N7 on-nrn noai
D*7'1S
"Jy7
7y
'Don
'3
(8 verses,
b)
nHRP mya
11, 13, 15
N7T
Of the 17
pieces, Nos.
1, 3, 5, 7, 9,
are signed
by inaio
']
no7K>, Nos.
2, 4, 6, 8,
and
17
by
7NTiy pnir
XVII.
Eli,
Fol.
94b
98a:
'1*13
superscription:
1.
mn 7y n7iyn
mm nxr,
accompanying
letter to the
following poem,
rhymed
naBm.
74
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
of the alphabet; as an
example
submit the
first
two
verses
viono
"?
ma ^n m
on
vtpyn
3N
1
nn tsd ny
1
ipayi
?!}
p"""i2>n
~itd
11 verses,
example:
anio
D'SnS D'TP
5.
ff
ID ?'
T0
-]^
D'D^D
3 n"N
~i"TD
11 verses, example:
-\b
Arr d'd^o^
hdin
^3
apy
nw
':on
pvo
-p7
-iud nx
'ypa, 4
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
D'N-ipn 'rb
wise
-in;
.in
7iry:
opens with
TJcpa ^oxh
-ni
pp tnsD Ttfn
ms. np?ro.
A MANUSCRIPT MISCELLANY
8.
BROD1
;
,
pyn
nyi,
ran
*?y
niyi,
verses,
beginning:
ION] oipoa.
9.
verses, beginning:
(/.
e.
'h
10.
'nn?,
by
Eli,
in ? pi 'ran 'nn
b)
a) niD'
T mp'
12.
(10 verses);
naa
Address:
prose).
nan'l
nMT
(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)
'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
Meshullam
I'rnNO
ypn^n ?
in
Tia^n no'K
nt^N
according
poem
""I0N
is
D'pm 'KID
ed
time by Dukes
Blumenfeld's
nom
naciNi,
II, p.
XIX.
1.
Fol.
101a
104a:
1
-T
-t
inynn b&x
Hebr. Bibl.,
'3,
four
81,
verses,
according to Steinschneider,
XV,
'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
'3N
'n'xni
76
nb3 -pyn
&b
'3
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
rhyming word
there-
Dm, beginning:
|D'D the fore wanting)
am awn
nm^o
verses,
(according to the
one verse
is
comp. Hebr.
Bibl.
XV,
ing
isnmn
3.
un).
and
81.
a)
ava
T3J
cnnj mimar
b)
c)
Tin); d)
mpo
"pan
-COT
[?DiD]Da m"?ro
(8 verses,
rbbyn, 5
e)
nan
,!
113X1 VaiN
4.
(2 verses,
rhyming word
TIJKl).
(sic!)
mn
mm
-|nati>
mom
87.
5.
beginning:
mar
b*\pb 'S3;
comp.
//e&r. 5i'6/.,
XVI,
KnN'n
2 verses,
beginning:
nar ~wx
'2b
poxn b\ according
to
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
mntp
verses,
end: TNHaj
'm);
superscription
1
YMlh
a-nrn
ran:
in);
BiW.,
XVI,
87
A MANUSCRIPT MISCELLANY
7.
BROMN
lour
77
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^
XX.
1.
Fol.
106a 114a:
b. b.
anonymous authors:
Joseph
Jaish, letter in
certain
Judah
Gamla,
beginning:
vx
nxqi
t033 n&N r y
int
hp
P'y
(4 verses,
rhym-
citation:
DH11
mwon
']
ION v^y
maa
(Immanuel,
bjdv.
By
(rhymed prose);
6)
Nip:
longer
rmo:;
-iro
im
now
']
short
now
c)
'y
ejDin';
'nn -p
V"r innn
(2 verses);
d)
Address:
...nana nroi
mm
"lry^Y'naa (rhymed
prose). b"r
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
?,
to
ysbn
6.
*)bx,
?
nan
'nn
'na
nW
'3 pi**
on'
jn
'na
!?N'nj?
pnr
a) a-itaa
byo ^yon
/8
a'PHP'
lin
"IK9
V'r 'i^n
verses
the introduction to
*rnm i^on):
:prn
irnwn u ?
1
"TiDK
now
1
,]3
ioni
1
?niD id
']
D^nn
"i
rrNirr
w
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
-jra Hirr^j?
"S
oi'a '3
1
^n ?
1
*357
DE?a : *
mpnn
isd: :it
"nirn ? niyoi ^ T
"S
:
iy
3
"ri'Vv fip]
10.
"HTI
"W "TOP
n"nVr t^y
(3 verses,
1
rnrDN
n"3
,_
pin ^y
?
']
*\ov i'ihidV,
beginning
mm
ry
nN3 D^s
1X3
11.
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
&$0
B2 "isftj
-'
-id
d'ok)
^iori rr;i 33
3
OH ?
n~1DiNl
m d?o *g*9t}r^9
.D'ry
,J
nDn m
1
ns 7y a^n^N u"bv
in ffany DTITTI
natf
3N ^ih ?
n3Dnn rorPO
w
'D,
''
nv2
Di'rr
Published
1543.
ti
which
ia
part of "renym
Constantinople
fol.
7a.
Gen
49.9.
-mrm.
Job 5.26.
75a.
Hos. 10.8.
Cant. 5.12.
m MS. rm
7V3TI
J<
A
13.
MANUSCRIPT MISCELLANY
if?
BRODY
mum
79
1
mVa-i
npyp "ram
n"?
^"r
rrrwon t^'m ?,
ppyn dn (ijcIN and elsewhere), which Steinschneider, Hebr. Bibl, XIV, 97, would like to ascribe to Bonfid without adequate reason.
lora,
II,
14.
n"n^r an
^y:
67
rr
? -ina aj?xr>:?
^
34.
n ;iK "pyrin
Tpo
^
DN
15.
Without superscription:
2 verses, beginning:
"I^n
BTOK;
^n
man;
comp. No.
16.
Without superscription:
n"n^r iMpita 'in
1
2
ch.
verses,
9;
2 verses, beg.:
'maa
Hoy
Wa
pimoi.
18.
19.
'm ?
1
HMO
tdhV
'a
ny n*
'N13.
<7"r
TSJia
pun h^,
ani*
2 verses:
ani
'a ?
anKn dn
g
."TO*
20.
lion nN-in
>ai
^ wn
may
2
!?'r
D'wns ^y , from
'r:
ny,
2 verses, beg.:
moni,
ibid.
22.
Without superscription:
ed.
verses,
beg.:
ay
D.
p.
"?y,
35.
pm
2.1
1.
p.
6.
2 verses:
in
58
;:
Published by A. Schulman
Jfeaseph,
St.
Hab.
Ps.
Peterburg 1902.
p.
275
I3S.4.
he
^$
^X^T27V
"
"
4>
and
a,f in
**"-*
rf
Orients.
~\VSi 2T\nn D.
80
i^n ? Ton
1
pi'
191
'?!?}
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
~idb>
K>pDE>
Nsn
the verses
are registered here as supplement to Steinschneider's collection {Zeitschr. f. Hebr. Bibl., VIII, 189
n^p?rD| ay
'its
n^lrr^r a'npn
B3
t:?: 3 a'rni;
."TOTD nni'3
28.
TDM I'llS
Y'imDD raxn
]*]
n"nV?
il3V
ir3"i
"?y,
2 verses:
65
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,
30.
y"3N"inV,
beg.:
)on
fol.
"o
Q'nsiDD
MS. Prague
D'^imn
116b
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.
-\: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
moy
Kb b%3 rna\
do^d na
2
mu3 N'n
35.
1
Without superscription,
verses, beg.
mm
ina
l'n
rnan ?.
36.
and
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.
']
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
a-j
hhok);
iyoK>
6)
dh'
tyxno
prose, superscription:
c)
wana
"\bn
-J
^H3
*b
0*3 133
verses,
super-
on'pn
cry
'i
rbv
-inxi).
'na
a"nna^,
mix nan:
1
*\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
name
in
of
Abraham Bedarshi
1851, col. 369. \
31B
nr
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
nsynn
verses);
iV
ot^aa 'as
c)
73
mmor
'raV
"Van
(2
verses,
superscription:
my);
'33^>
aa
'3np3 'mi
(2 verses,
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.
superscription:
74
rmo mbo
"?y btjt
hT]
TT,
17).
two
b"Hnn^
?"T, 2 verses:
76,
'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);
(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
mn
'op
Vaasty
,_
?,
verses,
HIJ?' ID'iTSn.
in D71JJ
<
WTD,
MS.
Ferrara 1551,
::
;it
>
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
ox
-\b,
ch.
na^nn-]^;
for
V'r
'3r
]DV
V'nmo ?,
1
2
1
verses
?
rhyming with
word
"?ur,
'a ?.
1
55.
Without superscription:
is
a) n
]p
nx^o
im
(2
in
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.
Two
'as!?
letters of introduction:
;
a)
the periods
rhyme
n
]V
);
the
an
hoik no
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.
pyn
anan
]m.
59.
(Address),
letter
beg.
is
rrma
rrpin
m: uoa
itself
fol.
wanting, accordingly
a lacuna between
60.
Without superscription:
(5
"nrr
n"oi
(4
-is
nir
"?ion
iSDoa
c)
verses);
&)
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.
Shem Tob,
84
1.
rmamiN
miK'
1
*]ov
'-\b
tra ?
']
moan
;
]h nn nbv aro
-rnx
V'xr
'l^n
'id
1
beg. idi
^
']
nx njy
this
npyj
eidpo
"?y,
comp. Hebr.
is
Bibl.,
XV,
56.
In
made
("VNiO
of
'n: r\wi2i2
"ib^inti^n)
bxiaw pi
]n
is
The
noN
'3
pas1)
2 (3 ed., p. 402,
note
concerning
Juda
'n
ha-Levi
'i^n
reads
as
follows:
run
U3Dn k^
miya
~iK?nn
p33 run
1
niosa vpyo
jnir
I]
nso irmn
]T^S
jyai jy inyiop ?
arnn .ma^o
"?iy
rVy
mD v^y
swn x ?
1
i3ntP3
n&>N3i ,ni3r
Dnp nam
1
loy ?
3-id
rnsipni ,nanj
"?3
nnam
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
,mo nan
,-iai
,-n
em
oi^m naan
rvn
ipr nyi
nVs^a
Ty nnx
Tjwcn
I.
^n-ip'di
']
'no
3-1
ypsni.
It
is
signed: iraa
Bibl.,
K'3^
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.
Without
superscription,
presumably likewise by
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.
beginning npix
mpy 121
'l
'B
(letter of
in
introduction
in
rhymed
Bib I.,
5.
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 ?
']
y"3
a)
']
Dn^y
"?y
tvzb
y-p
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,
tulations in prose,
in
'l
TT;
/'.
MS. Prague
b.
the superscription
"ny,
e.,
Yidal
Labi.
The
,3
following passage
]ru
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
']
mx
-jsm jiop
$7313;
XV,
82.
10.
jtvbb
"?y y"j
n^n s'mi
'in 'nnb
nm^
"?3,
j'oimn
max
'3"lp3
'mi H^
in
'l TIDW3
my
rhymed
prose,
without superscription;
scription
MS. Prague
fol.
nm^,
the author
in
Yidal or
Yidal,
the
name of
may
intend
to
86
11.
iaa
n-ptos
by vtfDn:
']
*\dv
\nb:
a)
njp
'3
'l 'JS^a
rhyme
in 113
signed:
^NTi);
b)
Address:
fol.
vvjf
nana
(rhymed
prose).
In
MS. Prague
rnnx.
rvnnbw
letter
to an
unknown
signed:
prose,
']
"?N-n
TJn)>;
in
fol.
61a
'~r
h"d nnp
?^ ?
1
DODH inN 31 7
,
thon
^'3^
']
"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
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
D:ana
14. 'a
mnx
-i'ara
tdtd:
'rans
'mr^D nuano
3ip3 'im ^^
15.
'ays run
rhymed
']
'^I
'si
signed:
n'dV
n3333 ^KTl.
"irunn
wib
nspBTl
']
^K*n in ?
1
o'T!
yyn a-p'rran
'in by roiD
"ppB?'
visb
the
inb
m, rhymed
mssn may;
his son
Solomon
I
1 Also here 7"' wag added by the copyist; MS.Prague Fol.57b has R*
posslblj
MANUSCRIPT MISCELLANY
Bibl.,
BK<)|>\
87
reads
Comp.
Ih'br.
XV,
56;
here
the
signature
no ?
1
']
(not rmrr).
16.
-110*0 '3iVb
^np ?
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
'o
TX
fol.
'a
and
rhyme
U\
),
no ? p nt^nn
1 1
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
lnyan
i-nn
o tsju
'0,
letter in
rhymed prose
beg.
1
2py nD'KO ? pj
1
end:
npniN
?:?
nxnntio'?
on 3py\
ntPN
The
following
'ir\
contents:
mxa
1
.nix'::?
Dunn
avn nzain
,mx n'Ki
mnuo Dipao
n,
?'
n-ncn
p?
1
,hs do
^nn
npy
my
xnp' ^i
Bibl.,
"?y
Comp.
Ilebr.
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^
Dn^ oin
b)
ao
88
(9 verses);
rostra
1
^y
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
dnj
y-nNon
Graetz,
"fyo ntPN
is
wanting).
Comp.
VIII
3
,
83;
according
to
our superscription
still
satire
when he was
a Jew, the
XXIV.
brew names
Fol.
134a 136b:
He-
Dn^n
which
n7Ni
the
I
nu^non byzb
a't^n ?,
follow
30
It
is
couplets
in
trifle
about which
XXV.
Fol.
136a
b:
a)
my
hk
b)
c)
this designation
in
its
customary sense
is
not justified)
xhn ybs
Hm
inya
"-pa:
onn
ry
(4 verses,
named HUD)
b)
in
a)
has
in
3: 'in KJ);
rhyming word.
of short
XXVI.
blished
Fol
136b
139b:
7984;
A number
yirirr
poems
D'D'
22.
In
LtUerbode, X.
In
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
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);
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?
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);
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)
by);
superscription
DmiM h
K'V3?
pwu
dhk;
88 .
*gg ^3
no^
^ -^ ^a
^-p A nia
noa
'iVn
tflH$
-irni*
ib
rnw
"li
(the one
poems
registered herewith
means
.
To No
ed
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
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
n#N
i5?a
tsn'3n
fa
DT3N
r&3
hd
pj?3i el-ni
Vnpn
avn
i,
(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);
verses);
29) in'
30)
lay ?
1
'b
Tm
1
I'Pn 3X
S
(3 verses,
superscription 7"r
^n*a no?^
'PD33
,!
'in ?);
mD
32)
331
n&>N
(2
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);
;
36) 7\Q"
(3
'n
verses,
"|1Nl);
superscription
omuym
rovn
ana
^s
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
S^m
given
N31D1
in
pi J"n rra
25
I
XX,
-jn
Q31
^iyi"!
3i
Ww
NBi"i
^n
hpn
n'33
anp nn^w
*|D33 ^piN
n^n
'"nis^
1
tdh
rrisp iteo
dndi
n' ?]
n'jirr^!?
'^nn
fin oa
this
lacuna.
24..1.
Ms
ni'DS.
M MS.D'Kl?nn
(fern,
Deut.
2.6.
Ez.
"i>:
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
-qb
nNr"p nirn ?
\n
bhi;
1
-mo p ?
1
(5 verses,
superscription
.airr ?
ry
bhpm roo
V3fl
loto rai
]\s);
43)
nt?o
p
1
(5
quatrains,
^y
-Qjnan
'"l
ns'jiy
~ip
,nsn
woVn);
yjon
quatrains,
superscription
vnoN
"?ip
-nyi);
1
45) nDp k:
mo
mix ^n ?
1
1
(3 verses,
superscription did"?
?!
-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
no
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).
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
beg.
lmo'
rrsin
nv
pn
is
-isd,
rhymed
prose, without
Vidal or da-Piera.
3-iri
^nitb p"p^
XVI,
15.1.
in
rhymed
vh
lain
Hebr. Bib!.,
M Comp. Gen.
92
5.
311
bn
'ii3
'jin
ivn
D3nn
d^3 rnro
'113
pnv
'in
miD, rhymed
comp.
1
D13
i7er.
XV,
82.
1
by n3yo 'pni ?
un uni
n^p arc
b)
:
'pbj
nnn ipM
,!
Vn 'naroi
1
a) m"?N i 1
,!
7N nni ?^
T
1
(rhymed prose);
prose).
of
Address:
?3 hjn iudVi
UX ?
mon
7.
(rhymed
ni3K,
letter
D'a"
B1031
(rhymed
rhyme
in D'l-;
f
the
one recommended
8.
PNm^Na
]vawp 3Bnna
fl).
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
recommended
it
says:
HN^nn
*?3
D'TJO
.uraN
nam
7ip
D"n
133 10.
iprn 'n
inxo n).
Ty ?
1
'n
rhyme
Sal.
in rilJ-).
]i3ix
wy
in
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
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);
in
]ii
verses);
(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
wanting).
njw
'3
remainder of
sing; end:
poem
B>D0
verses),
71J73
11X0
-n^t,
,t,
,L,
SKa non
should
(3 verses),
the
number
of
verses
amount
this
to "'>K3
I
(91
or 93).
poem
t
am
not able to
make any
definite
state-
men
XXVIII.
notices
Fol.
161a 167a:
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
V'-u
Y'nnosi
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
n"y3
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
Dv
V'no3 3nn
'nj
mf?tB>
Dm3N
n3 nnrn, beg.
nmx
an ?*
1
ntywo
3.
ri3cj.
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
7"rK> , y\ beg.
5.
anma
"?3
95
D3\r>2>
nsnN
'3.
The
]na
reply of Joseph,
1
'^SP
;
''7
j'Tnan
traan
o^pn
wdvi
d"
1
no'PO ?
6.
'23
piDirr).
onn3N
'na 'n:
tp-y
']
'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
'nioacy
n"nn3 aV^n
nos.
'nn
is
ana
Notice
b>yi
Dtsnp
ansa yo^n^i
'nno "n^ap
nnn ? nNPn
^" , ]Ta ntpo
7.
nnr
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
'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
c)
H.
The
letter
was sent
'"nno in nnas
"?y
D^n
'nn no'nn
periods
9.
rhyme
a"y&>n
in
?.-;
nap
,nyn&>n
wpnrn
'lao
nonn^ ncnn,
Tyxn
e.
di Trani,
true of
n,DV;
perhaps
all
of them,
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.
n ?^
'3,
iV^no Din
"?y
no'nn,
b>y
DHSO,
D'nso
in
yoty
nt>xa,
rhymed
prose,
rhymes
throughout
14.
Without superscription:
b)
a)
Title:
letter
D't^N
~I3
D'E^n y'pna;
nVn^n
'3DD
thin,
of consolation,
rhymed
15.
Without
superscription:
a)
Title:
D'T^N
~\2
-D'Dtpn
ypna;
b) letter,'
beg.
pit^y ntP3D
'in
nn
Tyo
pinn' dv av
am
,!
n^p.
.ps3 Dna
]V2C
nt^n'
nan:in
msm;
signed: ^DV).
16.
'113
^'i3D
1
'"nn ?,
title:
ncnnn
;
uh ^y vn^s mm,
the letter
is
'nn
17.
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
anpo nny
tf'nn^
nsx p"po
\vby
pa
,
'3D
D'Diayn na
attrpri
Dy ? d^dd
1
njTT
H3313 1
v3aB>N
(!)"i"aa
buTV
without superscription.
money
and
also to the
know ledge
of the 17th
of conditions in the
century.
96
IS.
Amsterdam concerning
Mb
lain
a heretic
I
who
tj31
is
have
nvp
mm
'3
it^''
^ao
wn
Nxa'
msja vrb
98
yn
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
mxm min
]irn
imnw vnus
any u'jd
Vy
1
ma
ir
inj nsbn
'a
*in
nyn
iab
]ma
bw
aai
nain
,min nysn
1
"mm
nw nr
'a
^"r no^ty
ia'3i
d^isdi 'ma
ib
m na
Da
-ids'?
mnibi
'n
ny ans
'i
'3
ajnx...ioy
Di3i nrnai
. .
may
1133'?
d"iiupb3
.11113
19.
letter of
Ty
ins
beg.
msnmtop
Ka D'o
1
^ni
nr
^asb
D'nwa
'3Bmb
'3
ii'3i
x"'
jiaan
NH3B
nby
'31
mbtp
crpinin
nvinpn
iynbi
mbo im
naTina
b"\
13'01
nrn nxr
omasb
pavm ]H
is
ina
Dbua
acntpb
D'tpnn
mm^a
hind
w
*]dv i"3
interesting for
*
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
.i2ficn<
o^pnaa D ^m D'o
r^BJin
.
.
W
n:
mey
and mentions:
.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.
title:
'na
pnr n"noa
nny
o^n
'nn
beg. 'n3
K32C na> nr
.una ns miana
n^
na2
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"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
myxn nny
Dip03i
na noi
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.
wanting.
1
'na no ?^ 'nn
?,
letter,
beg.
^a
niny ?
ym
ams
NXD\ without
signature.
98
29.
hx,
letter
in
rhymed
Tyxn.
'"yi
*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
.'na;
6)
letter, beg.
D'O
100
ioo
Not
io
14,
thi
i.
17.
55,
.it
5R,
n ad
proofs
the requesl
the author.
A POSTHUMOUS
CHANCE OK NAME
In No.
1,
vol.
XII, of this
Review
some
Jew who
Since
have previously
I
feel
myself
obliged to object to a
posthumous change
name
of the author.
This
is
how
found
in
movement
in Galicia,
Joseph
Perl, a
manuscript
small octavo,
his
does not
publication.
The author
in the
from passages
book
Reb Dob
in
Bolechow
Galicia
in
instituted an inquiry in
Bolechow and
found
still
name
of Birkenthal
was
commonly "Brezower".
Moreover, Reb
Dob
Birin
Ber
is
entered
in
name
kenthal. Birkenthal
I'krainian)
names under
until the
Joseph
II.
in
found
its
way
to London.
Dr. Marmorstein,
it,
who
in
1913
published
therefore called the author " BolechoDr. Vishnitzer in 1918 or 1919 underits
native place.
When
took the elaboration of this diary and drew the public attention to
99
100
importance,
my
Hashiloah.
Nevertheless he preferred
humous name.
He
known by
this
name
to his contemporaries.
Why
article?
named
" Bole-
Where
is
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
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.
IN
THE BRITISH
by Alfonso (No.
1002,
VI
in Vol.
III. of
the Catalogue:
Add.
26984)
Margohouth
says:
Rushd, Ali
b.
of out of the
way
appear
the
in
the
MS. without
goliouth)
DT1S
is
B. c.
D-IS'D3N
Antipho
(circ.
420
B.
c).
known
head
O'OTD'T
E>'pl7 is
(probably) Leucippus
is
mentioned above.
TT37N
name
am
indebted to
my
friend
S.
Museum.)
is
DVp'TaJD
Platonists.
Simplicius of Cilicia,
one of the
last
of
the
Neo-
UNSJp
is
of course
Paris,
who
London
J.
Leveen.
From
is
is
it
pus
referred to.
mints).
is
the
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-
covering
only 45 pages
tance.
Its
in
tioned languages and their different dialects as they were used in his
time
in
The
miliar with
any
of these languages,
made no attempt
all
to identify
and to
explain the
He merely
peculiarities of spelling,
difficulties
learned Orientalists.
many
takes
in
Talmud and
end of the
of
Romm
The
oldest
of
of the
Talmud, as R.
Pumbedita
Gershom
Mayence, Rashi,
attribute the
(died 1038)
.
Commentary
Modern
Dr.
Gaon
of
Of
late,
rious doubts.
N. Epstein,
in
who
now submits
its
this
Commentary
56
content and
The
first
chapter (pp.
i-
Adducing
the works
numerous quotations
1
the
Commentarj
'''"'
as they appear
in
inleitunt
-><
N Epstein.
Berlin:
Mavi
102
pp.
VI+160,
103
of
Nathan
B. Jehiel of
Rome
its
1101
he
Commentary cannot
The reasons
lai
author
Gaon
of Sura.
la,
are: explanations of
in
in his
Responsa and
elsein
where or quoted
works of
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
in
the
Commentary;
shows the most intimate acquaintance with the toms of the population of Palestine, which is
lonian Hai, who, as
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.
work
(pp. 36-74),
numerous
Oriental dialects from which he derives his lexical explanations, and the
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
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
his
104
liarities of style
in
Comall his
Commentary seems
is
to
him
originally in
Hebrew,
of little weight.
We
cir-
cumstances that
may have
from
books
in
the vernacular.
of Dr.
Epstein's admirable
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
critical analysis of
later redactor
Of great importance
is
chapter
Commentary
in
and Hananel
of
Kairwan, Nathan
Rome,
in
whose Aruk he
Commentary, Maimonides
all
traces of the
CommenIn chapter
in
recent times.
VI
(pp. 130-131)
it is
briefly
Commentary on
is
no
longer in existence.
before us and
in
Commentary
the Aruk.
Commentary
Of
which
as well as of the
Aruk
is
his study.
in
real philological
all
importance
Two
title of
Commentary and on
lost)
a com-
may
unhesitain
the
Gaonic
literature.
more regrettable
it is
MALTER
",
105
On
book one
intended to
serve as cross-references.
notice.
means from 50
to 100 pages
above or below
"un-
ten"
"oben" on
is
pp. 141,
As the book
it
composed
of
details
follows that
full
contents by heart.
of authors
and
titles of
quoted
in
Bornstein (well-known
Hebrew
chronology),
Schor
(4,
Eknin
(55)
for 'Aknin,
Jahuda
is
quoted as
"The Geonim"
(Schechter)
is
(p. 3),
Saadia's Oeuvres
(32),
"ouvres"
(p. 10),
Saadyana
Saadiana
and
so forth.
is
not
"Ausbesserung"
(p.
131)
means mend-
Homo-
'p' 3 "'
(P-
5.
Dropsie College.
Henry Malter-
SANITATION IN PALESTINE
The Committee
appointed by the Zionist Organization to study the
view
immigrants of various
social conditions
and
The
line
lie
in
the
betwixt 'needful'
and
'possible'.
The authors
know
the Orient.
Upon
by the
and with
new problems
raised
This
is
It is
some
ical
of the suggestions
made
is
viewpoint,
and
it
almost certain
more's the
pity
that
first
pracIt
prevent
many
of
carried out.
may
of
all
hand
modern sanitary
practice;
full
peculiar needs of
of the
may
in
is
yet even
humane
appreciation of the
human elements
is
involved, that
With
conjoined a wholefutilities.
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
failings
and
future
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,
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,
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.
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
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
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
money
The
indeed
sum
total
if
the Palestinian
the Jews of the world can and should. given opportunity, provide
it
will, if
men
able to
witness
of
this well-
grounded,
practical
report
the Zionist
Committee.
SCHOLASTIC PHILOSOPHY
In 1879 Pope Leo XIII issued an Encyclical entitled from words,
its initial
"Aeterni Patris."
It
is
it is
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
norm
The
a renewed
evils,
sent age,
Pope Leo
tells us,
an erro-
way
human and divine, which has found And as man is by nature prone to folit
low
in his
follows that
if
his
underis
standing
is in
To
be sure philosophy
not
everything.
ble for evil.
it is irresisti-
The
all.
Nevertheless
these
rational
is
And among
a true philosophy.
if
Philosophy
way
and
For
many
philosophers by the sole aid of the reason, hence reason testifies to the
truths of revelation.
This
is
command
and
that was given to the Israelites in Egypt on the eve of their departure
silver
and
of gold
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-
109
110 made
new;
This
is
nothing
More
It
specifically philosophy
is
also
be cultivated diligently
in
may
of a science.
demon-
helps also
in resisting
of unbelievers.
these
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
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
the
inimitable writings
solidity
God and the incorporeal substances, human acts and their principles all
man and
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.
This
is
the reason
why
in
hung upon
teachings.
it
almost a
sin to
Not merely
the Benedictines, the Carmelites, the Augustinians, the Jesuits and the
The Popes,
too, lavished
of St.
Thomas
<
Innocent VI.
various tilings
And what
.it
is
more,
Thomas
i^
quoted as an authority on
ol
the
'
the Tri-
SCHOLASTIC PHILOSOPHY
dentine Council place Aquinas's
HUSIK
111
Summa
the
codices of the divine Scriptures and the decrees of the greatest Pontiffs,
as a source of truth.
new order
in
philosophy
more than
is
right.
The
most important matters led to doubt and scepticism and thus easily to
error.
led
by
For
all
these reasons
it is
his due.
This
is
may
be accomplished
in
being attacked
all
our
day
the
name
of a fallacious science,
necessary that
voung men
be armed
and
especially those
in the true
of serving the
Church should be
nurtured
Thomas so
all
that they
may
and answer
alone,
questions.
ing to be guided
by reason
its
at
all,
by
The
ills
of society, civil
and
political,
if
people can be
made
to lend
an ear to
the ideas of
government, and
if
so on.
All
will
be the beneficiary
we have
a true
philosophy that
generally cultivated.
shall
statement of
Thomas Aquinas
though
it
new
is
much
new.
of the old as
is
indubitably true
In 1914,
of his predecessor.
is
ship.
It
112
Uccello
is
no
less
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
It
of a
catechism for the very young but by a systematic philosophy for the
mature.
The Synagogue
feelings in the
and
The
amount
exist.
of
information.
We
work
place,
of giving
him such a
place.
that has been done by Jews in connection with Jewish philosophy of the
in
Many
and a
relating of
them
to
modern
intellectual
and
social
if
movements.
a Pope
is
powerless
not supported
is
laity.
even greater
Though narrower
in
in
of the author
its
is
The motive
of the
book
is
noteworthy.
who
five
in
1420-21,
and were burned at the stake by the decree, or GeseThis tragic theme
is
Duke
Albert of Austria.
is
rendered doubly
visibly weighed
down by
same
which
is felt
gay capital
of Austria.
Even
in
and
its
gene-
tions under
melan-
choly preface.
felt
the
less,
popular taste.
The
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
fifteenth centuries.
And though
the matter
at times diffuse,
and some
be
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
vol-
Leipzig.
WlLHELM BRAUMUELLER,
114
ume may be
conditions,
the social
and the
Jewry
in
the
first
quarter
orga-
The
communal
cities,
the ecomomic
real inner
gering burden of taxes, levies, and imposts of every description, and the
all
these sub-
it
must be confessed,
The
They
cover, for
instance, minor biographical notes about the leading rabbis of the times
or topographical details
cities,
or
Sometimes, however, as
light vital facts,
which
lay bare the tragedy of mediaeval Jewry, reproducing the cloud of suspicion,
of the populace,
Jews
if all
conspired
chapter.
Thus
the author
is
wars
in their
Hussite
enemy
at
torture.
The chapters on
tendom.
Dr. Krauss has therefore added to his works an important historical
monograph
is
of varied interest.
of the book,
how-
ever,
also
its
becomes inevitably
diffuse.
There
strange to say,
the rabbinate.
most pronounced
looks
in
in
One
tion of either the learning, the works, or the personalities, of the great
rabbis
ol
the time.
As
which was
ol
\l.i
MAN
115
importance
in
mediaeval Jewry,
it
is
serious, cannot
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.
VOLUME OF
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.
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
. . .
JOSEPH R EIDER,
Cloth bound.
of
Ph.D.
the
first
thorough treatment
the Bible,
is
Next
While
articles
some
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.
i
For Sale
By
IGNATE LEARNING,
\<>\<k
S.E. Cor.
Broad and
.S.A.
The Jewish
the
domain
of Religion
of our
Even the
most stubborn
were
that
of
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
the
field
of law,
is
realized
only a few.
When
glimpses
in
one delves
in
Talmud and
he marvels at
sages;
is
by these ancient
and
would almost be
he
studycode.
possible
He would
his treatise
then,
undoubtedly,
come
to
the
conclusion he said,
in
reached by President
on the State:
118
to ascribe to
Roman
legal conceptions
an undivided sway
Middle Ages.
of
Rome
The laws
of
Moses
Rome
if
men and
institu-
which were
to prepare the
we
could but have the eyes to see the subtle elements of thought
life,
and as regards
discover
how much
in fact
many
among them.
The eminent
of the study of
gone so
of
far as to say:
in
our study
humanity the
clearer
it
becomes
and
to us that the
liarities,
by
similar instincts
desires,
but especially
in
law and
in
the development of
show the
more we come
has law so
no other system
much
commcn
The study
of
its
of Jewish law
is
essentially
modern
((inception
human
rela-
tionship,
gel
bul
also
because by means
of this
study we
no.
die
Methode der
Vol.
XXVIII
LEVINTHAL
to
119
comprehend
and
to
of the Jew, he
who wants
his divine
understand the
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
in their land,
but
in
the law of
modern systems,
body
law,
is
the
that permeates
is
the entire
all
of the law.
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
makes
strongest
this
is
Perhaps
due
among
religious
and secular law was not known. 5 The division by and rabbinic legislation into moral,
legal laws
is
and
wholly arbitrary. 6
ligious
in all ancient nature peoples and permeates every phase of their life.
"Law and
Indeed law
religion are to
is
thing.
many
form- by means of
In the
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,
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
of Change, p. 4.
V biker,
in
Mlgemeine Rechtsgeschichte,
120
but permeated
its
very structure.
to
"Das Recht
.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
Jewish law.
its
Each and
source
in,
Holy Writ or
upon an
word
or phrase.
In the dis-
"Upon what
is
Scriptural verse
is it
based?".
The Talmud
it,
of
own
It derives its
authority
words
is
its
principal function. 9
all
the Bible.
most
cer-
New
provisions had to be
created to meet
foreseen.
new
The
scribes,
and
later,
national,
by
legal fictions,
by equity and by
legislation, a
hedge around
in
Though
riot
theory the
it
did
in
fact prevent
and
But
this interpretation
Bible. 10
Kohler,
Dei
iai
ibid. ch.
on
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.
LEVINTHA1
121
tliis
true
in
\\
The development
t<>
.til
latter
retained
Mo
But
this contrast
is
independence of
an ample
field
political conditions;
autonomy
itself offers
And
as the
their
in
autonomy
for a long
time
in
and especially
it
reached
its
culmination
Babylon. 11
itself
The
laws,
Bible
civil
explicitly
but casually.
ed upon.
of damages, guardians,
and inheritance.
evident that
community,
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
w as somewhat
influenced
by
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.
civil
law, he
was
in
because that was actually practised, and he could not therefore interpret
differently.
122
lonians, with
whom
they came
in
contact.
During the
civil
conditions, usages,
and
rules of
conduct of the
legal systems,
age, adapting
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
height of
its
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
the
Yad ha-Hazakah,
of
Maimonides, 13
and
in
which
ment
of the law.
is
The next
14
great
work
of systematizing
talmudic law
the
written
about
must be mentioned
Aruk
of Joseph Caro, 15
to give a clear
The
in
law
in these codes,
order to
Talmud and
the Shulhan
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
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.
123
citizens.
was a guide
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
the truth.
is
The Talmud
a code
of
general
legal
and
but
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
throughout the
subject
The same
may
made
of those which have been made contain conclusions and deductions that are
It
who
Talmud were
and
bias.
17
The
of
this interesting
attention
not
only of theologians
who
prudence.
They
will
with reference to
law might
himself
equally
much ",
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
.'Leipzig, 1862), p. 3
ff.
124
way
in
England.
man
a science so well as
by seeking
there,
that
it
was
so little studied in
England". 18
in
another by his
it is
endeavored
and
hiring, trust
may
Here we
which
more
restricted sense in
the term
is
used
in
known
as the principal,
when
a representative
is
any new
legal relations
persons,
alone.-'"
we
shall deal
understood
cipal
the
bj
Jami
Flu
1871, p. 61.
19
Though
Mi
.
tin
i-| ih.it
186,
L.2)
include con-
hi in
5,
<>.
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
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"
It
is
sometimes quite
difficult
to determine
whether
and agent or a
by some
of the. other
partner
is
also
an agent, but
agency
is
of a
special
felt
Maimonides,
for instance,
heading
law,
23
22
As
in
the English
it
so also in the
becomes
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.
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
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
created.
Agenxy
Belongs
to
Commercial
it
Age.
once be
will at
non-com-
for servants,
would have
little
Common Law,
Agency,
as a separate subject,
In fact the
very
title
Hammond,
"is derived
in
the
common law
in Viner's
Abridgement
or those preceding
and
it
it is
The index
of
Law contains no
and Agent.
reference either
Agency or
to Principal
Henry Law".
at-
Maine has no
tempts to explain
"It must be
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
<
LEVINTHAL
fails
127
sweeping assertion,
to
Nol
know and
Talmud
this
legal
Classification" of
Agents
Some modern
servant.
27
jurists
make
relation of principal
It is
and
the
fact that
is
an agent
not. 28
and the other has not, but depends upon whether his
authority
is
to
do an act which
results in a contractual
In the
first
instance
he
is
an agent;
in
the second he
is
the servant. 30
If
we would apply
man
sent
by the principal
a "get"
(a bill of divorce),
would be an agent;
however, the
man
would be a servant.
But
it
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
is
an agent.
fied
So a representative authorized
is
of the sale;
not a servant merely because he has no discretion as to the terms and he is therefore an agent.
128
And
it
is
and servant,
legal writers of
distinction,
of
The
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
is
single,
specific
Jewish law
makes
in
It
speaks of
which
is
defined
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
Many
modern text-books under the heading of Master Jewish law, find their place under the specified subject of "Laws
Rev.
9;
Rn.
1.
Mechem,
8.
"Tin
agency)
p.
is
distinction given
by writers (referring to terms general and special in more confusion than it cures. Writers do
nut agree
19.
;
the distinction
Itself,
much
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.
.'.
LEVINTHAL
129
his discussion
of Sales. 88
The
former, he
latter
means
in
a broker, a middle-
man
or
called
is
the
Talmud
K799D
Safsira, broker. 38
The
Sarser
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
and he sold
it
for $200,
3
the extra
'
to the principal;
but
if
a Sarser
were told
to
sell
for
SI 00,
and
the
article
From
that he
is
the definition of Sarsor, as given by Maimonides, the paid agent, we would infer that the general
in
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
term Shaliah
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
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
absolutely
no
43
There
law:
is
nwn
ity or
power
and
refers
to
While harsha'ah
action,
it
is
an
article
belonging
to, or
The main
is
difference
then,
this,
article
There
harsha'ah.
Now
suppose Reu-
collect
Rabbenu Jeroham
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
whom
it
is
given,
is
known
as the
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
.i- liis
it
rid
may
I
t. iin the sum recovered in the action, M. hi. latum Actionis" would be similar to the harsha'ah.
below,
p.
0.
LEVINTHA1
Ul
him an
Simeon performs
Levi,
pays
the
money
If,
to Simeon.
lose the
money,
however, Reuben,
in
the
same
case, gives
Simeon a
after
Reu-
responsibility.
The harshaah,
itself
claim
to the agent,
effect. 48
of the principal
if
has no
he so desired,
the Mursheh.
49
It is interesting to
00 velopment of harsha'ah.'
From
its
the
use
monides
ed.
it
restrict-
Originally
in
was not
to be
used
case of a
debt or
in
on the principle
money loaned could not be traced, and N3 vbw -m mpn din yx, "a man cannot give
of that
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.,
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,
of
edgement
of debt attested
The
132
but
it
was
still
parol. It
was only
tractes
and
in
possession
It
is
was admitted. 54
interesting to
Mursheh
The
principal
if
he were obliged to
open court,
there would
be
slighter
is
his representative
is
office
in
delivery, of
all
the debtor's
sealed
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.
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
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.
not good
among
his people.
Ezelc
18; cf.
h.
,,
Mish., 124,
d.
13.3
The only
which
it
case,
It
appears,
known
in
to the
Talmudists
in
is
Founded
The theory
of
Agency
is
like himself,
is
in
law
man may do
person he
may
also, in
most instances
do through a
representative.
its logical
conclusion,
far
more advanced and more modern it is Rome. While the latter declares that no
made by
60
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.
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
legal
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
Tur
will
show
to
If
principle
was followed
'TO
'b
)'ar
by the former:
Reuben says
to Simeon:
"Buy something
else,
for
piN"i
with his
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-
a party.
tive, in the
name
of the principal,
was allowed.
As regards
and
liabilities
is to say, it continued to be held that contractual rights could only accrue to the contracting party himself, and that contracts
name
Cf. R.
Sohm,
I.
c.
bot.
rfJTI
would
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
62
4.
Moyle
is it
true agency:
To what
extent
possible for
to
make
a contract with
for
A, so
and
his principal's
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
The above
case
is
in
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,
If
Reuben
Simeon
does
says to Simeon
Sell for
me
succeeds
in
getting S6.00
to
whom
belong?
that
it
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
is
Derived
was based upon the
development
the developed
life
of
And
l^xo,
whence
is
upon
worth
based?
And
it is
We
must derive
it,
used
bill
in
of divorce.
rwm "and
same root
as in
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
an agent to act
in his behalf.
rT7Bn,
The
does
is
why
say nnWi?
to teach
in
the
bill
divorce proceedings
receive her
in the
can
likewise
appoint an agent
to
of divorce.
From
we may
de-
may
appoint a sub-agent. 68
to
man may
marry,
i.
e.,
become betrothed
an agent. 69
We
it
inasmuch as
is
is
a case of
nms
*?y3,
compulsion.
The
wife's consent
we would
does not.
nrrm "she departeth " and "she becometh " (another man 's
wife),
e.
divorce) an agent
may
in the case
wife
(i.
e.
marriage) an
may
The
rabbis
gift
We
nonn, the
priest,
offerings that
an agent
may
?
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
Deut.
'..
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
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
,
then
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
lamb
Vn-ic^
my
bnp
*?d
ima
kill it.
lanm
"
"and
the
whole
b.
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
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
own
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.
it is
a sacred matter
compared
biblical
p. 87, 88.
to divorce,
it is
secular in comp.,-
Sifre
proofs that lm 3
.
DIN bv
lJT.^tP
compare
138
principal
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
By estoppel
The modern
in the
doctrine of estoppel
may
also be noted
The
power
to revoke
any
time he be
his
may
so
deem
fit.
76
But suppose
held out
to
before
A revoked
his
agency; suppose,
furthermore,
debt to B, then
His
revocation, in so far as
and
is
because
can claim
that, not
right to rely
The theory
of estoppel
is
suffer,
he
who
and thus
was
acting,
with
full
authority,
" So
if.
Huffcut,
23.
Agency by n*
Civil ("ode)
>t
essity
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.
THE JEWISH
one to
I,
AW OF AGENCY LEVINTHAL
who was
139
absolutely int
nocent.
-should
be applied
And
so
we note
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
of R. of
bill
unless knowledge
The
by estoppel
the following:
When
C: "I
am
B's agent",
and B remains
will after-
3.
By ratification
the theory
"agency by
ratification".
Briefly
the
rule
may
be
all
stated thus:
Where one
the
name
or on
whose
name
doing
the
same
legal effect as
or,
the one
had been
in fact
an agent,
in fact
question. 82
" Hosh. Mish.,
"o
81
agency recognize
82
Dempsey
and
vs.
Chairbers
IS
Mass. 330.
The theory
is
Omnis
ratihabitio retrotrahitur et
is
mandato
priori aecquiparatur.
Every
ratification
relates back
140
this rule? 83
bearing
upon
phase
of
the
subject,
it
can be
them.
shown
that the
is
principle
was
not
foreign
to
In fact there
j'ST,
you
may
behalf of a person in
it
his absence. 84
where
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
the
name
If,
of
and
on behalf of a prinact,
cipal,
though without
made cannot be
element
by the undisclosed
principal. 85
It is this
and
be
discuss.
in point:
The Tur 86
Desiring
may
of property in
by the
principal
to>
he
made
the
meant
to purchase
it
for
him-
self, 87
T ur
makes
"
If
the agenl
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.
LEVINTHAL
141
he gives his
own money
for the
purchase price,
article in the
name
Reuben".
It
it
making
this statement,
meant
to
by
his principal.
this
Nevertheless,
believe, that
from the
wording of
he used his
own
private
money
A
tion,
still
is
is
"If
comes
to
sue
for a
rustinn
to go to court, 88
all,
is at
never-
C must
recognize him
l'3r
in court, for
we accept
the principle
may
The
from Simeon
be,
in behalf of Levi,
is
to
afterward say:
purchased
for myself
my
name. 90
The
true,
ought not
Cf. Ibid.
Isserles to
Maim.
/.
c,
ibid.,
184, 3.
142
underlying principle
in
after
all
for
with
money
Were
it
viz.
that the
was done
every par-
of
it
name
whose
There
of another,
it
name and
in
mn'^
DytDD rror,
when
an agent
here
is
for him,
is
applied
principle of ratification
fully recognized
is
the following:
Where
that
B,
who
is
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
The
is
only-
one
creditor, but
<>f
number
creditors,
Ibid.
>
J
Cf. 'I"
ti'.t.
I'.
Ml
..
101,.
'.
n
I
.
Sh. 'Anil
i
.
cfc
LEVINTHAL
143
case
The
clearesl
is
the followreal
sells
or
possession of
behalf of
CC
being ignorant
it is
in
If
he
ratifies
it,
not the
nullified
is,
and the
once more to
There
The
where
it
but also to
his injury or
him even
where
ym
V1B2 H ?
in
Dl^
]3l
'JDa N
his absence,
by
will
R.
Isserles,"
whom
he acts, then
Even
in
rmy 7
,
n"71
-prrntP
, 31p n'?
where
this
make
The Nimuke
woman who
'<
man who,
bill
with-
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.
15.
144
and the
latter
ratified
the
act?
This
According
to Jewish law,
Dyua
it
which
was
regarded
as an agent,
we know
to the party in
whose behalf
if
to the
agent.
Hence by analogy,
of the act,
absence," and
himself.
the
same
as
if
The
party deals not with the agent but with the principal
and,
by analogy
reference
PHV^yn hy npi^n
the
man
whom
the purchase
If
was
made,
i.
e.
he wants
to ratify the act, the seller cannot recede from the trans-
action
if
forced,
and the
t
In the
v.
<
Fnited States
Tounaend
land the
oming
23
Wend
N.
dso 9
Ci
ede before the ratification; comp. II. nv. Law Rev. on. In Engv.
nil<- ii
Bolton Partner!
Lambert
L. R., 41
Ch.
D. 295.
cf,
note 95.
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
it
have
to
As Maithere
is
truth; or as the
Talmud
says,">2
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
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.
is sufficient.
D. XVII.
-
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
146
p'BKI 3n ]H
for
!?'l
"proceed,
acquire,
If
and possess
thyself", 106
or words to
that effect.
HH
It
anai ^yn
must
for
M<h
"I have
nothing to do with
the formula:
ible for
,(
thee". 107
Tin ?y
WH
]D ~\b
'jynm ^0 "I
am
respons-
me
and pos-
to the expense,
valid,
it
remains
to
it.
109
We
it is
only a legal
if
fiction,
used to
him the
been assigned.
An
in
interesting case
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-
turned
it
to C; but
is
later loaned
therefore he
responsible to
alone,
and
is
no longer
return the
responsible to A,
that
B must
came with
legal
right to loan
"> 107
to anyone.
110
The
B.
If.
70a;
ibid.
7,
rules that
even
if
omitted
<<
valid, as long as
phrase to
noted
later.
b.,
122,
Maim.,
ibid.,
7D
zbvb
,l
?y nr
pa.
Maim.
.
Ill, 1.
.
22,
quoting
(".losses of
R. Mordecai.
LEVINTHAL
147
The document
will
itself.
And
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
for a
make
But that
is
suf-
as long as the
Mursheh has a
however, instead
a definite sum,
e.
g.
is
even
if
this
it
money
will
money
that
is
claimed,
There must be
an assigned
claimed. 112
legal
Any
person,
man
or
woman, may be
a principal or
woman may
be an agent.
The
come
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
for property belonging to his wife alone, without a harthe controversy concerns those portions of his wife's property
rights,
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
148
an agent. 115
(b)
who
is
an
idol
The
(a)
who
is
a minor cannot
bill of
may
it
herself. 118
On
an agent, yet for certain acts, such as those that are purely
ministerial or mechanical in their nature, he
if
may
so act,
money
119
or
if
In
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
The shop-keeper
13, or
gives the
boy
i
ii
117
in
1;
girl
'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
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
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
m m
ciitm VI,
3;
Eh
J;
n ha 'Eier 141, 2. 3.
1,
Maim
ii.i
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
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
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 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
^
did
Israelites", but
it
We
B. B. 87b;
Maim.
II, 2.
It
becL
theriskof
122
at the very
"
^"^^
*
^
'T
C nSent n Ms Part The dis P ute f the b " ,e kself both are a ^ed
'
'
"'? IZTTTs^
berit.
121
^ E TT ** ^
S
inSly SUPerflU US
W rd
>
derive the
aIso
mus t
the agent be a
Ben
150
Israelite,
berit. I2 5
We may
rabbis.
this,
unanimous consent
of the
In fact
we have the clearest proof that there was made to include the 'Akum among the
relation.
It
agency
was reported,
in behalf
of
Rab
'Akum
from the
nonn, perhaps
as agent.
because of
religious
nature.
In
all
tradition has
'Akum
effect that
Rab Ashi
them
them.
The
prevailing opinion,
Nnna "the
The
tradition
is
rabbis,
whose opinion
this
matter prevailed,
religious reason,
it
is
true
in
127
them
The
agent,
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
in their decision
I
barring the
'Akum
from
"IIDN
from the
role of agent,
believe,
may
nyutp
T?
n ,, nrr
msnw
rwytp din"?
in
\?y cnDiD
" Above,
muyn
p.
7lt>.
prohibited to join
part-
147.
n B.
M.
,M Sec below,
p.
7'..
LEVINTHAL
may
arise-
151
when an
was
oath
will
Akum.
12 '
There
is,
in fact,
a distinct
historical reference to a
how
far ethical
and
religious
is
the statement
made by
the
Talmud
that
we assume
that
him
in a ministerial
This
rule,
in
agent
business transactions.
Eligibility of
person
may
if
he
is
not
eligible at the
would become
to be executed.
Thus,
if
man
Sanhedrin 63b;
ct.
We
must
also bear in
mind
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
Emden
ibid.).
52
mind, the delivery was invalid and the divorce could not
take
effect. 132
lf
?
of the
the appointment
was
valid.
Thus,
if,
in
the
above
was delivered
later
to the agent
when he was
mentis,
if
of
cipal's wife,
the delivery are both valid, because, as the rabbis point out,
miKon
1D1D1 tn^nri
"the beginning
(i.
(i.
e.
the appointment)
e.
Joint Prinxipals
As
or
in the
modern law, ^ so
1
two
Three
as agent,
money
given to him.
This decision
money
i Cf. Perminter v. Kelley 18 Ala. 7W.. > Maim. Ililkot Mekirah VII, 1.?, 14.
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'-
<>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:
LEVINTHAL
153
it
for the
to
gave him
his
money
separately, the
money
that case,
if
money
price,
*6
The
the
difference in
a difference in fact
in
first
the prin-
ment was
joint
and
several,
The
Rashba
(R.
rule as
down by Maimonides,
If
of joint principalship.
mo-
ney
in the
as
if
the
all
moneys
of
them
They
money
a joint
presence, then
liberty to serve
it is
at
1
Joint Agents
Just as there
may
i.
be joint principals
e.
so,
too, there
may
be joint agents,
When
is
Whether
is
in
joint
or several
>
a question of
and
will
Ibid.
1.
cf.
Commonwealth
v.
Canal Commissioners
Watts
(Pa.) 466.
154
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
me
the divorce to
my
jointly
by
all
The former
is
an example
agency alone.
Delegation* of Authority
Can
for
principal
is
There
some confusion
they agree
Common
Law. 1-"
We
noted above
1 -* 2
nn7tsn,''3
may
ap-
point a sub-agent.
But
this inference
stood to apply in
to imply
all cases.
was that
this
meant
to apply in to be the
some
gave
was
an agent
may
mance
case
The very
say,
was the
agent
and
there,
they
a man's
Eben
no
141
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.
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
LEVINTHAL
is
155
a case of
nma
^ya
where the
wife's consent
is
not required.
all,
She
is
in
fad no1
as she
is
or not.
is
modern
terial,
only minis-
may
be delegated.
Even
to perform the
"You
seriously
ill,
when the
act,
may
be delegated.
:
If,
however, he expressly
else to
to permit
any one
do the
Where
is
required to
it
exercise discretion,
judgment or
skill,
is
or where
may
be
performance of
principal.
his
it is
duties,
Thus
do
it
for
him.
*"
to hold
an
The
principal
may
I
say:
>*
i
in
T3 ^nps
rrn
^"ixi ]\s
if
himself.
cf.
Isserles, quoting Glosses of R. Mordecai, Eben ha-'Ezer, 36, note 69. "* Tur, Hilkot Pikkadon, 291, 24.
156
As the harsha'ah
desire that
is
almost
al-
ways given
did not
"It was
my
you take
it,
but
want anyone
because inr:
else to lay
hands upon
it".
The
in ruling
is
^n
an express ruling
in the
Talmud:
wh^h poD'a
n"7 '^'0
to a sub-agent but he
may
which
is
the distinction.
Thus B, appointed
D, because
third party.
If,
is
appointed to give
a get
(bill
of divorce) to
in behalf of
is
A, he
may
delegate
this act to
purely ministerial,
depends
band,
152
first
of
The
given,
is
is
same
and can,
Maim,
ibid., Ill, 8;
Hosh. Mish.,
S.
123, 4.
He
can, of course,
if
he gets the
Eben
ha-'Ezer, 36,
1M
"
il
C"f.
Bel
lis-
Shemuel
to
Eben ha-'Ezer
Interpreting the
in
word v'3
the
"Glosses of Mordecai"
the
urns vnpn,
Mil.
LEVINTHAL
157
OF THE RELATION
The
iniD3 d~tn
"A
man's agent
is
like
unto himself",
may
be
thus stated
in its application
modern English
to certain acts,
law.
The
which because of
Thus,
by the
tol-
person himself.
or representative
to
perform the
rite of
marriage. "
1
is
safe to
presume
Not only could the man marry by proxy, but the woman, too, could appoint an agent to
marriage and divorce. 156
represent her in
While
this
practice of marrying
to the
it
is
There
is,
Jessurun Pinto,
who was
Shearith Israel of
fell
New York
in
Moses de
la
New York
he sent
Dayyan de
la in
Kiddushin to Miss de
married to him
lii
New
which
See above,
p. 148,
for that
Cf.
Mechem's Agency,
cf.
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,
appointment must be
158
fulfilled to the
in the
Middle Ages,
p. 176.
158
York.
time
59
at the
same
is
The
not permit
A man may
in
The
The
The
is
as follows:
will
Whether a
depend upon
by an agent
A man
cannot appoint an
appointment
it
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,
but
is
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
cf.
who.
write]
in
nam. of
H
<>f
ntrary opinion.
they are already discussed l>y those who wrote marriage and <livorce. Cf. D. \V. Amram. Jewish Law of Divorce
'"
I
Divorce.
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
act,
which
may
pointment." i6 4
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
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
> 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
is
man who
171
ap-
114
N V
160
bears no responsi-
While
this
is
who
man
anna
nnn
insi
thou
slain
167
although
killed
who
limitation to his
the act.
of
Shammai,
which consists
responsibility.
is
Thus, an example
said to B:
given:
If
Go and
not
is
the principle
"we do
fruits
being a^nna nn
find in the
mm
nr n^ia
minn
*7aa
irso nV
We
all
e.
religion,
and
also
all
marry a divorced
'
woman
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
nvuy
wrongful or
illegal acts,
and there
is
no responsibility on
The
that.
rule n"V3JJ
-I3-J ?
n^P
]'
It applies
"
While
this
is
contrary to
must be
and
It
modern
jurists of note
is
spondeat superior"
reason.
Thus
Sir
William Anson,
in his
how
of
such cases
is
modern
may
an application to modern
when the
done
master
is
is
by them,
So also do
others, while attempting to find out the basis of the principal's liability in all
is
kills
tatter's
own
request
or
command,
17J
Cf. B. K. 92a.
Cf. Tur, I.Iosh. Mish..
7.
This
is
Roman and
to
the
modern English
law.
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
common
sense ".vs
"The
Lord Holt
law to
in
Wayland's Case.
The
its
and
even
in the
appoints
to dig a pit
in a public path,
and C
is
is
n-P3J> -)2l1>
responsible.
rvba yx "
applied,
and B primarily
is
held
it
is
to
regards
though
party. 178
in the
the class
of lawful agents,
down
1*
are,
]"K
Thus Rabina
in Select
limits
Essays in
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.,
Cf,
i!" h
Miah
185, 10;
ad
toe.
Abraham-
in
Middle Ages,
p. 173.
LEVINTHAL
163
a N3vn
~ia
Rab Sama, on
'ni
the
's
-ray 'ya
do or
Where
will,
the agent
compelled to do the
Exam-
we must come
logical
to the conclusion
that
Rab Sama's
is
far
more
and
is
by
we
ac-
in
the presence of
Rab
apply only
isi
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
In applying
it
to religious acts,
HW
164
interpretation
cases
of
the
law.
l8 s
logical
rrray or wrongful
where,
affected
for
was lawful on
act does not
of
its face,
unlawful
the
re-
become
by
its illegality
came
move an ox from
to him,
his
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.
the ox,
it
of the principal
and the
thief alone
was therefore
legal right to
responsible. 18 "
his principal,
The
is
ox belonged to
remove him,
command
comment, while
185
unnecessary, as the
Talmud
itself (ibid.)
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,
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
Mian.,
18^,
1;
rrWl ita ad
LOb;
i
loc.
So
to
also
in
modern law;
io.
ti.
Roys
John
I
a.
f.
also 3371
THS
165
Talmud
also
all
in the class of
Rab Sama's
it^p p*.
There
first
Temple property
mitted the act
in
an agent comis
held
was
illegal.
The
Talmud
is
based upon
the use of
the Bible.
mw
l8S
mm
The
matter
is
another ex-
ample
know
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
'
representative.
thief
its
nom nyaiN
and not the agent, despite the fact that the act of the agent was illegal. ' But here again the rabbis do not
1 1
upon
legal principle,
cases,
embodied
1'2
the words IN
ratal
nao "and
so, too,
he
kills it
or sells it".
in
is
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
may
be im-
Mention must
also be
made
by the
man was
or to
1
misappropriate
it,
the principal
act
would be held
liable,
"
though the
illegal
by the agent.
by
comments
to the
Shulhan
the
man
e.
the
will
man who
work,
be held guilty.
For as one
gave the
to a reputed in-
of Agency
is
is
Accomplished
relation of
agency
performed.
As
to
will,
of
2^2.
7.
8,
"Oi b^by.
Ik
It is
the
thi= ruling,
T l|r by R
'
iillel
7)
know
to
th
!i.
it
II"
Mi
~z .-
Tins
ibid.,
LEVINTHA1
167
Shadkan presents an
will
interesting
illustration
Whether he
Where
there
is
no particular
is
when
the
terminated.
Where
the custom
is
to wait
prevails,
all
The
If
of divorce
delivered
it
to her.
may
revoke
In the case
get, just
in his
She
his
to
becomes
only when
it is
ship
self,
is
it
her-
she
may
Revocation* by Principal
The
principal
185, 10.
Idem.
unless
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
not binding
upon the
principal.
it
that
whom
first
Thus, where
gave
to C; both
B and C appear
before
The
is
of a con-
power
to select
whomsoever he
pleases
pleases. suffers
and
no
whenever he so
Where
loss
the agent
is
good.
But what
The
seems
we may
infer
what the
rulings of the
the transaction.
But
it is
clear
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
3,
end.
'
<
See above,
llosh.
isfa
Mi
a.,
122.
2.
Mill..
198.
12<. 3;
foi
.i
similar ruling
Copeland
v.
Mercantile Ins.
Mil.
LEVINTHAL
169
menced
loss.
his
If
the case
rule
we
times, even
made
to
of his
loss. 206
An
rule,
permitting
here be noted.
When
deed of
gift,
delivery to his
bondman, the
here
representative's authority
led.
20 ?
The exception
which
is
for justice
noticeable in
The
discussed, viDn
in his absence.
xhw
we
bondman, the
latter
is
There
is
upon
the principle
If
in his absence.
in
or held
his
and,
delivering this
25
money
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:
"Take
this to
Simeon
to
whom
it
belongs", he can no
Once
it
came
20S
to Levi's hands,
it
was accepted
in
is
behalf of Simeon.
The
its
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
is
actually delivered to
is
more
logical
and
it is
Rab's
and limited
its
application
psa
lpS371
Renunciation by Agent
Just like the principal, the agent, too, has the power
to renounce his
have no
By Change
Agency
is
in
Condition of Parties
if
likewise terminated
there
is
a change in
Death
relation. 212
No
after the principal dies, can bind the heirs of the principal,
nor can the heirs benefit by his acts, unless they adopt
him as
'
Git-Un 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,
Cf.
in
Harrow
J1 >
v.
(ii~hw.iv. 37
>>r
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.
LEVINTHAL
171
article,
generally necessary,
effect
yet
when
it is
death. -'5
It
is
up an
a harsah'ah.
Without
this
power
of attorney,
if,
when he
gave up the
was dead,
or
moment
the
and the
third party
gave up the
article at his
own
risk. 216
Where
is,
the agent, on
by the death
of the principal, as he
in legal effect
and acts
in his
own
I
right.
and
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 relation. 2I 9
The same
upon
Where the
We
joint,
respect to
principals.
his
joint, it
is
to
and judgment.
And
indeed, there
is
a view expressed to
number
The
law, however,
is
not
of the
number renounce
or
is
unaffected. 22 3
Where authority
agent,
it is
is
from the
principal, 224
and
is
by the
the principal,
dies, the
is
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
222
I
61,
DHD1N C.
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
first
first
an agent
is is
his principal, he
sums
The
outlays, however,
must be only
The principal is not responsible for expenses unreasonable in amount or unnecessary for the
reasonably necessary.
Where
a personal
loss, either
Even where,
that his
become a captive or a
principal shall
prisoner, he cannot
230
demand
redeem him.
may
consequence of his
was ignorant
innocently
of its illegality,
and comes
to the conclusion
person
2"
is
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
In Jewish
was
illegal. 232
The
Principal's Instructions
in
the
principal
appointing
be
by the agent.
effect
If
"does not
anything", that
his
Thus
if
authorizes
to
is
sell his
house to one
Or, 235
if
man
and.
B
to
sells it to
invalid. 234
sends
to
and
if
returns the
loss that
A may
The
and sim-
the law
is
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
v.
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.
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.
42b.
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
by
selling his
power
by
cancel-
will
do
shall
Negligence of Agent
The
is
obligated to
else
may
Thus,
if
gave money to
so,
B wherewith
in
to purchase wheat,
and B did
rain
was
likely to injure
damage occasioned
As to Honesty of Agent
If
he
is
relieved,
from
all
If
he cannot
it
was not
usually
administered
will
not be
' 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
may
In fact,
of the agent
who
if
he has
all
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
We
There
is,
however, a difference
in the cases
money
The
Sarsor, receiving
~idip
pay
for his
is
lost or stolen. 2
The
Shaliah,
who
serves gratuitously,
is
regarded as the 03 n
~I01B>
held
liable only in
is
free
from
liability in all
other cases.
Agent
Who
Fails to Perform
An
liable for a
Thus
if
A says
to
Maim.
II.
u,,-i,.
mm,.,
187,
I, 2.
[aim. IX.
'<
5.
1
50.
185,
7.
He
i-
in
l.l
liable
vt
it
he
l"-t
it
while on the
way
t'.
ii
nun
it
ibid.
'
ham,
2 Bing.
LEVINTHAL
177
allow him any legal claim, they imply that the agent,
not
fulfilling this
in
a fitting manner,
for niDiyin
moral grievance
We
liable
is
when he
We
an agent
may
renounce
his
agency at
times. 247
An
interesting question
now
arises:
Suppose
appointed
for A,
it
for himself.
Has
A any claim
it
against
B?
Logically,
He can
in
behalf of A.
it
A:
If
at
all,
legal
if
I
redress.
W hy
it
me
liable
bought
for myself?
This argument
is
a logical
is
and a
if
and that
in
the
agent
made no
money
conducting
This
is,
Talmud.
While
his
it
does
though he used
terms him a
own money
"cheat"
'NO"!
against him.
The Talmud
If
derives
its
commissions
to
marry
tor
<>i
Cf. T. J. B.
M.
10b.
So
N.
\
Thorne
v. Dios. 4
Johns
Above,
p. 170.
178
-*
remembered that the case applies only where the agent used his own money in marrying C where, howBut
it is
to be
money
of his principal,
it is
marriage to
is
And
so,
too,
Maimonides
where
money
to him,
and used
his
own
money
in
money
it
and made
the
he
may
be compelled to give
2 s*
up
to the principal
all
Even
if
money
principal, he
for
himself, as
long as the
principal.
252
that entrusted to
him by the
A
self,
compromise view
if
neh that
such a case
he
may
->-
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
who
Talmud must
10,
i
be understood
Mil... L83,
'
l. 2.
lim.. ibid.
LEVINTHAL
however, very
179
little
There
is,
for this
view
in
the
Talmud, and
Maimonides
cannot
his
Where
with him,
did
not care to deal with the principal but was willing to deal
in
is
permitted to purchase
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
goods
be sold to another, he
his principal of
may
the
purchase
it
something
we
see
modern
cases.
The
general rule
is
was authorized
as
to
2> 6
sell,
unless he has
Where
sale,
the agent
money he asked
it,
its
principal accepted
agreeing to the
of
course, valid
it. 2 s7
Where
Maggid Mishneh.
:
12.
11;
Hosh. Mish..
p.
183. 2.
who was
given
59a.
Cf.
Anderson
v.
Grand Forks
Nat.
Bank
X. D.
X.
W.
821.
7 Hosh.
Mish.. 185. 3
180
there
is
agent
sell
If
sell
tohimself,
and
afterward resold
demand
the
sum thus
This
rule,
to himself,
was so
strictly fol-
an agent to
for himself,
it
e.
gative of a neighbor
that,
Not only
if
himself a p2D, he
and
there-
do anything that
may
tend
fidence,
agent
must
al-
ways
display. 201
The
rabbis, however,
bw
"A
man's agent
like
himself" to a logical
is
no doubt as
sell
good
at a specified price, he
cipal
"Who
selling
sold
it
to
appointed you to
and
Motley
v.
Motley
Cf.
B.
M.
08b;
li"
li.
ibid.
' Cf. 23 vi
iio
to 175. 16.
LEVI NTHAL
article,
I
181
another.
You
are
my
alter ego.
It is
The
as
if
therefore,
my
ownership.
sold to myself,
which
is,
of course, impossible.*'
third party as
is
own
principal in the
same transaction
not
definitely decided.
who
is
also serving as
her
is
it
to her. 263
An
agent
who
in behalf
But
DIN ?
1
this
is
an exceptional case as we
]'3?
absence.
In fact, the
moment
the
money
is
placed in his
though
his principal
its
safe de-
livery. 264
In
seems to
me
session to another.
By
As to Extra Profits
When
262
! 2
Rashba.
"
"
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
Montross
v.
Eddy 94 Mich.
100.
182
e.
by
it
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
for the
is
benefit of
the agent
given an extra
We
where a principal
dollars
tells his
is.
agent to
Here,
The
where the
article sold
or bought has no
market value.
bound
is
to
do
faithfully
and
tried to get as
him
in
article
had
a definite market value, the rabbis decree that the surplus gain
is
and the
principal. 2
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.
JM Maim.
ibid.
p. 135;
Above,
im.,
Jur.
ibid.
ibid.;
<xtr.i
tyosh. MiMi..
183, 6.
When
lu-
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
levi nthal
i
183
We
r
to benefit
me
it,
and not
to cause
me
loss. "
This principle
is
is
scrupulously
There
where the
upon
his
2
agent
will do,
whether
will
be to his benefit
is
be set aside
reaching", or
the
it
was guilty
of "over-
if it
though,
himself,
set aside,
because one-sixth
is
the
in
limit allowed
person. or sale
It
was
of land or of a bond, to
Where
tions,
the transaction
may
be set aside. 2 ^
is
But where,
to suffer
made
him
amount
of his loss.
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
Thus
if
commissioned B
instead, the
is
profit,
the
We must not confuse when the agent deviates principal's orders. The principal
2
-
may
In
cannot be held
party.
to
If
liable either
by the agent
or
by the
third
do so even
2 '-
loss
is
if
sustained.
there
there
is
a gain
may do
and, in addition,
he
may
hold the agent for any loss suffered or for any extra
in the transaction.
profit
made
tion in
principal's
instructions,
of the principal.
to better understand
later
upon
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.
m
deviates
ir
Maim.
froi
II.
6,
I.
S; 5;
is,
all
pon
':
ible for di
ibid.,
183,
of R.
Meir and R.
Judah as to
will
be
his.
the relation.
may
profitc
Where
there
is
a loss
wen
me and
must
'
B.
K. 102b.
to the
5;
i.
"|*0
comment
words bji
WD,
ibid.
Mil.
LEVINTHA1
A
can force
L85
a guarantee of
B must
to
his
own
personal guarantee. 2 ? 8
This decision, as
by the agent's
tion.
If
would
in
the transacit
And
so
RABeD
Why
should
be so?
there
was a mistake
And he
a case where
the principal wanted the land and was willing to ratify the
sale,
The
act
The
is
his principal
with that
spirit of
faithfulness
required of him.
He must
if
This interpretation
by Maimonides:
with his
"The agent
own guarantee
it
purchased
with
his
money".
it
we take
it
to
he
may have
and
give his
cipal's
own
money.
in
The Talmud,
an agent's
ized to do,
act,
if
makes a
" 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
B. B. 169b.
ibid.,
Cf. Kesef
inferred.
Mishneh,
quoting
RaN
same
effect.
186
totally disregards
commission
of
V~i3l hy "vnyo
his
own
is
r*m
"?y
^'DID.
The
former
a case of
mvy
injury,
authorized
tional act
is
valid
principal,
done unauthorized
invalid
and
voidable at
An example
to sell
engages
one acre of
and B
two
regarded
cancelled. 2 * 1
Where
engages
to sell
sells
only one,
there doubt
was expressed
as to whether this
was a case
The law
for this
is
one acre
is
The reason
Third Party
Among
beyond the powers conferred upon him, the third party may,
280
in
4;
8.
"' ibid.
282
The same
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
Is
is
my
!
principal,
purchased
for myself,
my
name.
Maim.
II, 5.
OB
AGENCY
LEVINTHAL
187
and
is
given a right to
this right
is
conferred
is
Where
the principal
willing
by
The
rules of
law stated
in
unauthor-
when
the
If
third party
knew
know
with an agent but thought that the agent was dealing for
himself, the transaction will be regarded as valid
between
any
loss
where an agent
and
to re-convey
it
was not
had to
The agent, dealing in his own name, therefore stand by the purchase, while the principal, if he
it
to
him with
288
We
2 8
note from this that Jewish law did not adopt the
8,
quoting
RaMA.
6.
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 '
Where
dealing in behalf of a
will
HH
D ,_i31
"you
are not
my
adversary",
party,
have no
The
third
upon discovering
own
same
behalf,
reason.
if
Whether the
by the
third party
is
Even when
and
his
there
is
commissell sell
sion or not,
told
you to
You
if
told
me
to
for S50,
and
sold
it
for that
sum,
knew
money
This
third party
agent. 2 '
Where an agent
beyond the scope
an agent sold an
that
268
where
which he held
in his possession
belonged
Contrary to
to
his
principal,
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,
credit
him to be the
Fennel 10B&(
671;
Kayton
-in.
ii,
it
<,.
RABeD
it
[ibid.) t"i
N. Y. 625. oi Maimonl
bai k,
Till:
LEVINTHAL
189
ized to sell
in
it
any
Where
where
this
now
But
if
he
if
the principal can be sued by the third party for the amount. 2 '
We
deceived
the
in
the transaction
by the
when
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.
in person. *m
is
While
name
of R. Jonah,
the accepted
one, there
is
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
less
He compares
sells
goods
ing
is
291
in
behalf of orphans.
in
modern
law;
cf.
292
to deduct
or to set
v.
Melvin
Aldridge 81
"
Md.
9.
650.
Above,
p. 183.
29 <
Tur. 182,
190
the orphans.
difference
when
sells
at the
of both the
of overreaching
present the third party, and hence, the latter cannot in-
of this rule. 2 ^
Presumptions of
Until there
is
Law
a presumption that the
agent
is
his
upon
presumption. 2 ' 6
effect that
There
ijtutVp
fulfilled
is
also a
npy
his
m^p
npm an
commission,
the
contrary
appears. 2 "
This presumption has led the rabbis into a discussion of a very complicated nature.
to
marry
for
him a
and B
dies without
whom
he entered into
of
The presumption
fulfilled his
commission,
would be pro-
thereafter
would be one
be to marry a
relations
were
INCLUSION'
is
The
jects
subject of agency
topics
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
,(,!.,;
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.
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
Oaths play a
prominent
is
part
in
the
relationship
of
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
Law. 300
The
when he
per-
formed the
who brought the sacrifice; or the laws relating TQS representative of the Jewish community
ligious service.
to the n'bw
in their re-
The
made to prove how far advanced, nay, how almost modern, the Jewish rabbis were in their treatment
tation has been
of this
his
representative.
J.
cf. Z.
300
I.
Cf. Z. Frankel,
ILLUMINATED HAGGADAHS*
Bv Rachel Vishnitzer,
Berlin
A Spanish
tury'
miniature of the
first
Order of Cala-
trava,
Don
Luis de
Guzman,
hand
sitting
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.
we admire
the slender horse-shoe arches and the Gothic pinnacles, The eye of the there is a brilliant gathering of knights.
spectator
is
crosses.
But there
a
is
someone amidst
this distinguished
company,
in
man
This
down
heavy
deep
folds,
man
is
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.
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
work about
1430.
sentation.
dignified
in
efforts to
be freed of the
badge or at
of
its
size.
The Jews
of Catalonia,
instance,
had
when
It
Moses Arragel, a
privilege.
modest
The miniature
is
Castilian Bible
called,
is
paradoxes of Jewish
realities.
by the misericordious
there
is
friars.
On
Jew
who
is
piously
is,
There
as
may
The defamatory
of the Rabbi,
F,
dts
/.(.
and
186.
ILLUMINATED HAGGADAHS
in
VISHNITZER
195
to recollect
dressed
31 years
had
the
the massacres of
of
Jews
all
others
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.
had to
on
live,
to work,
in
this
scientific
and
of
artistic activities.
two periods
of
upward development
particularly
Jewish intellectual
artistic
culture in Spain.
tion
produc-
the Jews
work
all
of
explanatory illustrations.
Writers like Ibn Sid, the Hazan of Toledo,
astrological writ-
Judah Cresques, who compiled the Catalan Map, of them were connected with calligraphists and il-
luminators,
lustrated
who
il-
them, even
who
illuminated his
to
S. Berger,
196
hesitated
to supervise
the illustration.
He
pointed to
to collaborate
in
a Jew of the
Isle of
Majorca, was an
work
of lavish
silver,
ornamented with
The
with illuminated
The astronomical
tables,
who
graphical
map
as wonderful fairy-tales.
Another
scientific
the "Lapidario"
of 1279,'
scenes,
ornaments.
It is
may
the
a 8
few quoted
S. Berger, op.
<-//..
examples,
p.
they had
la
523.
No.
11''.
in A.
tices el
XI-XIY; No-
MSS.
de la Bibliothique du rot
Paris, 1843,
et
l'lnstitut
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
(
Christian
of the religious
all
book
it
prove at
that
they noticed
as well.
They very
the great
The
British
Museum,
in
the Mocatta
Xationale
in Paris, in
the Asiatic
Museum
Petrograd, the
Berson
Museum
Munich
Kirschstein, D. Sassoon,
Among
MSS.
prayer books
sophical,
and medical
certificates,
marriage
Purim
other documents.
As an
illustrated
among them.
The Haggadah
for
laymen, for the use of the family and especially for children,
In Christian
book illumination we
a similar development.
The
field
Books
were copied
laymen, presented
a far larger
198
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.
But
we
as well.
the
British
Museum
(examples of illustration
Margoliouth, Hebrew
the British
Museum,
to
its
III, pi.
is
IX
an
1278,
of French
provenience,
contents
it
Targum,
but
to be
however,
is
La
ornamental character.
The
rative,
text of the
nar-
which
is
plain
clear,
mind
of the child.
illustrations.
The
text of
"A
wandering
Aramean was my
father,
in
and
Ik-
Dr.
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
The
subject of
up upon two
fundamental
The
in
"stuff" of
The
illustrator
their
historical
developments.
naive descriptional
way
In two
Haggadahs
of the British
Museum,
ovo,
in
Or.
2884
with
Adam
and
Haggadah
the
10
Crein
and
another version of
of the British
to the story of
latter
in Or.
2737
res,
Museum, we
Moses and
The
three
life
a long
over event.
his
We
notice there
we admire
the peaceful
scene of
Abraham
course
ulous Sarah.
10
Lot was
petrified,
but Isaac
E. Baneth,
Now
200
He
will
afterwards have
his
of dreams,
dreams
of anxiety
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
He
will
have to
wonder
child Moses,
and he
will
have to engage
the
in tedious
pourparlers
foster-child
with
those
revolutionaries,
ungrateful
will like
and
his
Pharaoh
make promises
him he
will
like a
promises
will
will
new
intrigues
and plagues
dancing
picture,
Pharaoh
will
Miriam
is
The Miriam
We
Passover.
be
found
many
divergencies
in
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,
Die
33.
I'
lb. \: IS.
ILLUMINATED HAGGADAHSVISHNITZER
resenting
201
already
the
characteristic
ornamented
27'
2
shield
with
the
on Fol.
another
two
and on
tration again.
In Or. 2723
we have
after the
They form
One
of
may
be seen
in
Sarajevo",
pi.
V.
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.
Mazzoth
is
as in
Add. 27210 on the upper part and the below (fol. 17a). There are, how-
VI).
Haggadah) the
one page
(fol.
below there are two Seder scenes each with one couple
Another Seder
8).
is
(fol.
In the
more
liturgical
scenes than in
historical
miniatures at
of the British
We
notice in
the Spanish
Haggadahs
in
Museum
lb. p. 3.
202
ment of the
Haggadah
jects; at
earlier
of Sarajevo.
This development does not, howdegeneration of the historical subof the 13th
ever, always
mean
is
the
and 14th
century there
Add. 14761
may
be as well attributed to a
loss of
the
in
set,
Haggadah designated
"Die
Kaufmann,
The treatment
shows a great
rite
and the
In detailed pictures
we
see
how
the
We
watch the
of the
fire-place.
The
with
table
is
laid
blue
is
arabesques, sometimes
hexagrams; the
maid
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
the middle of
In the
(fol.
the table,
Hag19b)
member
a
of the family
reminder of
position,
at
recumbent
to this
custom
In
day
the Seder.
ILLUMINATED HAGGADAHS
produced
child
left
is
VISHNITZER
pi.
203
VI.
the
in
2,
hand
school.
The guest
her son.
is
also discussing
of the family.
the Seder
is
performed
is
Haggadah
it
is
still
plain,
and
is
The
illuminator
who worked
at the
most marvellous
28
effects in his
One
in
of these
b.)
a framing
rosettes, buds,
and acanthus
leaves,
dogs,
a compartafflic-
ment reserved
below.
"This
is
the bread of
On
another
folio
(fol.
17b.)
and so
on.
The
by
Haggadah
is
often completed
portraits of
men
like
of the
Haggadah
illustration.
204
Many
text, so
other
liturgical
pictures
faithfully
low the
In addition there
is
frequently an illustration in a
in
the
extremely
fine
Another
ignored by them
of the
identity,
the British
Museum,
Margoliouth's Catalogue.
ler, J.
The
publication of H. Muelis
Schlosser,
and D. Kaufmann
Museum.
Mueller
and Schlosser did not know them from personal observation, but were
bound
to
their error
Haggadah
15th century
my
a more or
less faithful
made
found
The date
of sale
conjecture.
The
The corresponding
lata
leaf
of
1
the Crawford
1.
Haggadah
is
reproduced in "Die
">
ILLUMINATED BAGGADAHS
VISHNITZER
for
205
much
later
that
may
account
the
thickness
of
On
the
early
is
the framings
to disappear at
in
We
"A
the
MS.
of
Mocatta Library
of
book
Ruth
etc.,
also
is
the
it
first
day
Passover".
of
This MS.
remarkable, for
shows motives
in
10th century
sesses
Hebrew
Bibles, of
circles
They
(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
has
no
illuminations
we
have even an
Sarajevo.
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
and greens.
in
the
18
same scheme
The type
cit., p.
Haggadah text, which seem not very similar to that of the chimeric beasts in the "Lapid-
ario", op.
68.
206
Library
').
The
full
in
tures, a
later in
In our
Haggadah
cannot be of
it
earlier date
(Schlosser assigns
may
be a copy
Now we
some very
27210.
and the
quite agree
with him with regard to Add. 27210, and would like only
to
this
Haggadah.
It
may
be
instructive to
British
mentioned,
includes a calendar
The
the same
it
is
with
the
is
a characteristic of
The treatment
of the faces
bit of pink
on the cheeks
very
much
in
MSS.
11639,
in
It
should be mentioned
fol.
333
b, there
is
an
1
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
Egyp-
tians in
fol.
14 b.
in
There
the
Haggadah
it
is
style,
and
only
Haggadah
is
of
Moorish and
The difference of technique and style is so that we cannot speak of direct influence; there
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
inferior,
but invaluable
attempt at Jewish
illustration.
The dating
of the
re-
it is
We
and
connection
its
pictures
is
the
lavishness
of
decoration.
to his rather
Schlosser
20
mark
doubtful date.
He
century
a
Commentary
1396
This
MS.,
executed
in
much
to
its
affinity
with our
decoration.
There
Die Haggadah von Sarajevo, pp. 95-111. 187. Can. Or. 81.
208
we have
acorns or buds,
the
graceful
MSS.
On page
to
mar-
gorgeous ornamentation.
only one
Haggadah which,
gadah.
as
the
Now we may
Haggadah
Mu-
(repro-
duced on
in
"Die Haggadah
von Sarajevo)
same
scrolls
51 in
Add. 14761.
Great similarity
(pi.
is
shown
in
in fol.
71, in
Kaufmann's Haggadah
XXXIY
in
"Die HagIn
fol.
64 b
Add. 14761.
man
sitting
and raising
his
The same
In
initial
word
is
miniature.
Add.
66
b,
14761.
In the
Exodus scene
Add. 14761,
fol.
feather; this
in
is
also
head dress
(pi.
in
the
Kaufmann
Haggadah
XXXV
an
Mowing
long trumpets
(pi.
XXXIII
in
"Die Hag*
ILLUMINATED HAGGADAHS
gadah von Sarajevo")
miniature on
fol.
VISHNITZEB
(pi.
209
61 in Add. 14761
in
"Die Hag-
We
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
perfectly
also
the Seder
19 b in Add.
in
14761
There
word
both pictures.
features of comin
common
design, and
initial
illumination
these
is,
MSS.
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
The
in
Italian
it
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,
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
points at least to
134(f the
Maz-
J.
Robinson Planche,
II, p.
85.
210
zoth
(fol.
reproduced on
In the
von Sarajevo").
tumes
have become
more ample.
in the
The
in
faces
and
figures,
in
Add. 14761,
the
conven-
nude
is
of a better design
of the
Daughter
of
Pharaoh as represented
is
Haggadahs).
time
in
There
to
be noticed
also,
for
the
first
in
Kaufmann's Haggadah.
scrolls,
little
en
profile,
trois
quarts
XXXI Y in
Is there
any
Museum?
some
of
example, the
It
is
23
Museum of
of 1396.
that
in
Bodleian MS.
thinks
thai
"Second"
perhaps
Kaufmann
in
illuminated
p.
Italy,
Genoa,
188.
ILLUMINATED HAGGADAHS
VISHNITZER
He
it
211
points
many common
heavy leaves
finity
of the ornamentation),
shows no
It
closer af-
with the
should also be
written in square
14761.
we have
pi.
reproduced on
and (on
fol.
84.) the
stripes.
The
Castile
in 1479,
same books
Sabio", in the
Castile
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
The
fortu-
Haggadah
and
in
Aragonian stripes
I
was
nate enough to
and Leon,
been used
in the
in
14th century.
The
gold wing
may have
There
s
is
a constant feature
sacri
della
Reproduced
pi.
Luca Beltrami,
L'arte
negli
arredi
Lombardia,
Milano, 1897,
VIII.
"
2f
Las
Public, la R.
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
fleur-de-lys.
The French
lilies
help very
II,
origin.
is
The sponsor
Enrique
Manuel,
in
Don
in in
R. Todros ha-Levi, a
(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
We
find
also in
stance, on the
Mohammedan sepulchral art, as, for inTomb of the Great Mahmud (A. D. 997In the Middle Ages the
hexagram
and
is
is
found also
it
Christian art.
Psalter of 1380
used as a
filling-in for
two
initials in
It
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
Haggadah Add
in
14761,
we have
and
the
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
many
scrolls, or inscribed in
a circle and in
etc.
Arab-
it is
The arabesque
of super-
for example,
mostly as a pattern
Mazzoth and
this
in the
Seder scene.
It
patterns,
" in and that explains why the saying "This Mazzah. the Haggadah is very often interpreted with a beautiful
theosophic literature.
to the
comand
mon
symbolic language.
may
among
we
find a
hexagram on a Jewish
ship, in 1544 (the
seal of a
seal in
Jew
in
in
in
way from
in
Prague and
Kremsier (Moravia).
The
Later on
we
see
it
in
214
we meet with
in the
gadahs
is
(Persian
motive)
filled
The
and
it
Middle Ages.
The
more we
more we
feel
examine
blazons, geographical
maps,
the
astrological writings,
in Spain,
MSS.
found
Most
of the features
we have examined
are to be
in
in those
documents
too.
We
Jewish
stars
we have
and
stripes,
map, compiled by Judah Cresques, the Jew. The crescent and also the hexagram are drawn there on the flags of
Turkish provinces.
gives
plenty of
map
Hebrew
slaves in the
Haggadah.
Christian
Haggadah
illumination.
The
See
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
is
But these are only superficial features of similarity; there no real affinity between the Haggadahs and Christian re-
ligious illumination.
participating in
in
the
child,
in
Haggadah on the
is
on
resting, etc.
It
to the
its
Haggadah
Add. 27210 where the miniatures exhibit a very strong French influence, and in Kaufmann's "Second" Hagadah,
pi.
103,
mentioned
in
p.
198).
The Hebrew
All the
MSS.
of the 13th
The
lettering
is
executed
The
writing
is
of a
We
can
writing,
which
is
of a
more
flexible articulation
and un-
dulating outline.
The Hispano-Hebrew
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
heavy and
rich ornamentation,
of
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
later
on
in printed
books
and, as
of
it
was very
32
.
similar
to
that of
hand-written
initial
words
initial
words
may
be found
in
Haggadah Add.
Samaritan MSS. in
the British
Museum,
19.944.).
The former
is
an
example
of the initial
less intricate
Good Mahzor
M.
Gaster, in London.
illumination of our
The
initial
Haggadahs
consists in
ornament ed framings.
The technique
and
is
On
X.
p.
ILLUMINATED HAGGADAHS
ing of our
VISHNITZER
There
is
217
a great
Haggadahs
is
very bright.
brown and
grey,
and black.
in
The
French illumination.
The authors
of
"Die Haggadah
influences,
MSS.
in
of the
13th and 14th century the coloring does not differ so very
much from
older
illu-
we have
we
and
much
in
of
dark blue.
It
may
be that the
till
Jewish illuminators
their conservatism
preserved
The
characteristic coloring
is
much as MSS.
the calligraphy
Xot one
of
of our
Haggadahs
is
dated or signed.
it is
Most
no matter of surprise
possess fortunately a
We
number
of
who sometimes do
that
There we have
Bible codex
Joshua
states in his
MS.
"the
craft
from
his
tutor
Isaac,
son
of
Gershom,
for
1476 at La
Abraham
b.
Judah Ibn
Hayyim
218
wrote
preserved
in
the
Codex
de Rossi, 945, in
Parma.
There
man
certainly
was
an artist himself,
He was an
preserved
illustrated
artist
and an author
who,
in
Hayyim
b.
Israel of Toledo,
in
34
the Derossiana in
.
it
The
Hebrew language.
Thus Rashi
(11th
them
to the
vellum
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
Few words
which
tory
is
them suggested
it.
is
its
derivation.
(German
for
an English
origin.
Daven,
he thinks,
ing service
But
his
own remark
is
unknown"
London, 1913,
p. 17),
the origin
is
traceable to the
(of
prayers).
make
it
More
loose
still is
the
meaning assigned
to
by the sug-
gestion that
it is
devotion, or dedication.
220
word an
Aramaic
kot 26b)
The set services were instiNor is this the only rabbinic Another suggested by Rabbi Avigdor Chaikin,
nvVsn,
'INI
it
nUN
Dayan
of
in
up
the
Shabbat 35a
v.),
and gives
meaning
The
suggestion which
venture to
make
is,
is
that the
origin of our
word
is
any
of the languages
my
opinion,
we
Divine Service.
analogies:
1.
In
support
would
cite
the following
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
of the
German
to
ending
pro-
nounce a
daven-en,
and
is
so closely akin to
its
two
allies,
Thus,
IN
A WELL-KNOWN
demons.
that
passage
in
Gittin 68a
of
King
also over
He was
its
by
Temple
So he
many
anecdotes
Ashmedai
as pictured in the
5.
('Erek Millin,
v.)
to declare
who took
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
Jehoiada
recall
rum
and
in the
Koran (XVIII,
men, which are
64-81).
Thus Ashmedai
asked:
"Why
that a
man
And
to
he answers:
live,
222
years".
in
"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
from
fell
on him and
him".
in the
Talmud
is
given to
It is true,
there; but
Kohut
name with
a syllable
Lacking
(with
any
made
reference to
"Shamdon"
word from
in
ch. 36)
to derive the
nothing
in
Talmud,
I
However,
of the
believe
name and
the nucleus of the entire legend. the third book of his history how, in
Herodotus
tells in
throne of Persia.
The people
as a whole considered
him
As Cambyses died
for seven
until
away from
in
Smerdis remained
throne, a
months
1
possession
of
the
fj
prominent
Talmud we
a
find
KTriaxoTrovfTe^.
In the
one
bridegi
mentioned
n
will
and
cries;
he sees that
i V
above; soon
Ashmedai
. -
passes
wedding
1 i
KAMIXKA 223
"who
Since
never quitted the citadel nor invited any of the noble Persians to his presence" 2
his
of Cyrus.
To
whether the ruler who had also become her husband was
identical with him, he replied that she
his sleep,
might examine,
in
ears.
If
he
is
(whom
what
is
Cyrus had
atrocious crime).
Now
let
about Ashmedai.
Through
his
When
(in
whether the
king allowed
the answer.
him
to
come
to
his
presence.
"No", was
There-
of the palace
whether the
to look
upon
similar
ex-
was
posed, and
The
masking
2
striking similarity
of
almost certain to
tcourai
me
Herodotus,
on
ouk kicaXee
otpiv
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
and
came down
to the amoraic
else
may
in
be seen from
all
over
manner
later
which he took
the throne.
In
view of
rvne?i
ject to
the shamir.
Tobit
(3.8),
which
pre-
the second or
first
And
life,
though
this function
not at
Ashmedai
legend.
amo-
Pesahim
110, he
is
also brought in
In a book
of fifty-eight chapters
thirty-ninth
and
boards.
in this
ment
since
England
in the
realization let
hopeof
further.
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
Menasseh ben
Israel
and
some
in
those days.
Napoleon and
names
in
of
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,
question.
for a share.
chapter
vs. Assimilation
reader wonvery vigorous discussion, a perusal of which leaves the Zionism have not been shamedering whether the exponents of political
fully
Not
had disposed
he approach
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
and
America.
to
De Hirsch and
his
attempts
by the
rise of
author.
Zionist Congress.
in
influence of the
Hebrew
account of Zionism during the War, a period which the author's personality
if
it
its
particular direction.
is
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
may
movement he
depicts as to
make
Nor
are
we doomed
Only
it
is
just possible that this very quality of the author lies at the root of the
make on
at the
One
feels
With material
for
Even the
scientific spirit
is
to
the surprising degree of compelling the author to state the exact date of
in his
work
from
to
Abraham.
writing from other fact recording work, the author likewise exhibits with
telling effo
vivitl
t.
in
home
in
lucid
DAVIDOWITZ
227
not a history.
The
is
enough tolerance
Jewish fold
who
political Zionism.
Those that
True, a historian
is
We
leeway not only to the author's personal equation, but also to his
actual point of view.
beyond these
work the
name
of history.
is
By
work as such.
As an appeal
championed by the
gaining
momentum
irresistible.
the acquaintance of a
He
People.
demand
it.
British
senti-
interests dictate
it.
The
ment
is
contagious.
The
borne
one successful
and to persecuted
political Zionism.
Israel salvation,
is
the
The
book a
if
The
position of
England
champion of
right
and
It
justice,
would hardly be
228
With
we can understand
the
volume
of a chapter entitled
it,
we must be
by the author,
vain for a
less
in its
conscious,
Theodore Herzl.
To
this disproportionate
the very spirit of the Galuth which he ascribes to the Jews of Hull, would
His
and
his
future, leave
no room
make-up
for
in the Galuth-spirit.
did,
we
sciously, thoroughly,
We
are
all
when we
Zionism
is
intimately and inextricably bound up with a plea for the great mass of
suffering Eastern Jewry.
less
than
in the
time of
Judged from
this point of
view there
is
its
prohibitive war-
time
price.
is
2
grim
in
We
who marvel
at the
energy of the
tall soldier,
and
in
rest.
tree shelters
him
in
Jericho.
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
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.
DAVIDOWTTZ
229
its
phantom
boom
of
Little
mder, that in his spirit of exaltation, his high tribute to General Alien-
And
if
magnificently un-Semitic
Arabic
(Allah-Nebi
being
is
the author's
ideal of
to
become the
visual-
And
the best
be
the Jew.
"I
have long
and often
and permeation
fitted
of his genius
was
239).
him as
regards his church affiliations, by the words 'La croix rouge', can hardly
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
we
man
in front of us,
we only wait
out.'
We
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
captain
let
typical enough.
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
men and
and
his
things.
of the
men
night on a
new
front,
with orders and counter-orders to change positions the next night, with
The
little
skirmish toward
Mount
of
The masterly
diction
enjoyment
of the reader.
We are left
in mid-air.
We
miss
We
of our
no doubt.
of this
if
it
as a dessert to
Antony
Bluett's
in Pale-
'.
his
campaigns
Egypt and
in one's teens
to read his
of the
book at one
sitting,
morrow.
way
in
of
"A"
we
them
in
men
Unarmed
we
around Gaza.
We
the exertions,
We
Men when
way
in
With-
out
much
of a rest,
we
steal
our
Now we
our
the
many
and
movement under
But we
cover.
We
do not
fleeing
wrought by our
air forces
feel
on the
enemy
in
Wadi Farah.
exhilarated none
Willi
Our Army
in Palestine.
By Antony Bluett.
London:
Andrew Melrose.
Ltd.,
1919.
pp. xii+288.
231
We
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-
bound.
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
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
own
will
Thepamphletbearingthe
the the Foreign Office.
of its author.
title
Zionism* is
classified as
number 162of
the
We
name
But whoever he
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
pamphlet
is
an excellent presentation
of Zionism,
of
Nearer Asia"
is
the work of a
a scholar and a
we watch the
zealot.
first
The
result
is
very gratifying.
From page
to page
empires taking place before our very eyes, through the bold, masterful
strokes of the scholar-artist.
It is
we pass
where the
zealot's
its
hand gained
discordant note,
style.
When we
ties that
and
Kingdom" and
is
that "Islam
leads
up a blind
make
it
Mathews
is
we cannot
posibly imagine
any
of these utterances.
human
virtues to be the
monopoly
of the Christian
Kingdom
or to
deny
to a great religion
like
development.
Ma-
The growing
in their
Zionism
is
way
to
out.
But
shall
of Rabbinic legalism?
its
No.
He
sees a vision.
vision of Israel
come
own.
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
'
isia.
Brvce.
New
York:
DAVIDOWITZ
233
as a fact.
prophesies,
And
in a
more
very
sombre
strain,
"They
if
and
lose their
existence as a people
It is
Mathews
as
Adam
Smith
carries in his
words
come from an
sounds
accurate, detailed
When, however, he
less
enters the
if
field
and the
historian, he
convincing,
not
To
purpose of solidifying
may
Where
or
the Fellah
who would
"Xaam,"
And
indeed, the worthy divine need not have gone to such lengths
to prove there
were great
difficulties in
the
way
Zionist aspirations.
difficulties
Had
to the
force
Haram and
it
what
would have
volume
campaigns,
in
memory The
clear analysis
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.
1919.
and future. By Norman Bentwich. With on the British advance. London: Kegan, Paul, pp. xvi+288.
234
of Palestine
and the
Thus
it
is
to the public.
is
The book
is
larly original in
may
The book
claims no
such pretensions.
But
it
and brightness
of spirit.
In addition the
Were
volume an invaluable
we were asked
little
to characterize
of letters
by a
9
Dr. Salaman's
volume
made on
us
we should
unhesitat-
term refreshing.
The spontaneity
of the author's
if
Or we may
some
may
is
on the surface.
For
another, our
so
life
may
life
of the Palestinians at
many
the
author's.
far as
in the gallery
The
side-light he
interestingly novel.
The
Palestine Reclaimed.
cliffk N. Salaman.
pp.
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
,
DAVIDOWITZ
who
on
235
Nor
will those
His
is
deep
reflected
if
on many a page.
We
we
asserted that
now and anon Dr. Salaman's faith in his people rises The reader cannot but be delighted with the
Hebrews
is
to be
sought neither
Sir
in
it,
nor as
George
Adam
Smith would
fain
make
its
Hebrews to gain
for their
country
frontier
The
The succeeding
European
modern
politics in the
role therein.
very
ing glory.
politico-military sense.
With refreshing
clarity of
style
The
political
moral
for
England
is
obvious.
Eng-
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
scheme
is
evolved of setting up
in
the country a
community capable
to
garrisoning
itself
by
its
own
patriotism.
of oratorical embellishments,
Mr. Sidebotham
in
presenting
from
the
actualization
of the
in print.
full five
The
hundred and
of the au-
ten pages of
Dr Mattson
's
reader's forbearance.
it
Had
faith,
may
his
misgivings.
The excuse
that the author offers for adding one more book to the
in the Bible
Lands
is
that
"we
find that
one has observed something that another has entirely passed by."
Granted.
one redeeming,
original observation.
of the author's
remarks indicative of
His intention "to look over the largest city in the world"
ing
New
York!
Whereupon he
While
satisfies his
nating observation that "our large cities have grown very fast."
in
my
me
to return."
His
way
of
summing up
Turkey
is
characteristic.
"Remember,"
half-civilized,
visit will
a great difference
It is true.
" 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.
DAVIDOWITZ
That
is
237
Mohammedan
and he
is
against his
so-called
Never-
It is
the Gospel
and nothing
else."
He
is
honest enough to
the uninitiated reader into the differences of opinion that exist with
Others he accepts
He
has read his Bible and has collated his history reading
own
words.
It is
only in
his excursions into the realm of the present that he becomes, in a sense,
interesting.
But
how he
could
scathed in
all his
"On
kinds of chances to do us
harm
if
I
they
left
wished to do
all in
so.
He
will protect
me
as
He
It
feat to travel
Equally amusing
only by the Arabic
is
Jacob
which he knows
is
name
The one
Reformed,
Evening prayer
is
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.
Hebrew
Bible."
institutions
of the
Holy Land
this particular
and under-
standing of
of Promise.
Harry
Philadelphia.
S.
Da\ tdowitz.
MODERN THEOLOGY
"Is there a God?" There were times when to ask this question
was a
problem
is
of interest
group of theologians.
still
Like
fossils
of a
past
generation
those
who
realities of the
and kept
jibes
schools of learning.
and
jests,
The masses
of the people
it
pay
lip-service
As
useful to be regular
teem with
by poetic
name
of the
Lord
little
conviction.
This
is,
let
a mechanistic epoch in
human
If
the
name
of
God
by medieval
enthusiasts, of
making
would be
concerning
it
would be known.
God
is
a matter
of interest merely to
reality that the
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
live
on crusts of
some courage,
One."
therefore, for
men
Israel,
the Lord
is
our
is
It is
when one
conviction that
let
God
exists, is
nothing
some
of the
of the
dominant philosophies
it
It is to declare
some
to enlist
240
war
of
of the
Lord
will find
themTheir
by lack
modern ammunition.
ordnance
is
rest of their
of the sixteenth
They
The attempt
that
constantly being
made
war
it
would
ill
own
day.
The
at-
Hume
and Kant,
in
more modern
worse
who
the deeper truths of the universe will greet with pleasure the ap-
thus far been advanced, the Ontological, the Cosmological, the Teleological,
and the
others,
and
The
"The
Theistic Arguments,"
one of the
It is
finest in the
book.
in
the confines
of a short review.
He
God on
its
various parts.
The author
problem
of evil,
freedom of the
There
It still
the Idea of
by w. R.Sorley,
i
Mew
York:
(,.
I'
I'i
)dx
+ 534.
MODERN THEOLOGYFINKELSTEIN
are real in the sense in which material
is
241
real,
and whal
is
even more
doubtful
is
figment of the
against the
human
will
imagination.
book
be raised by those
serious stricture
little
use in
America where students generally have come under the influence of the
of thought.
has
It
is
true that
influence of William
James on the
Perhaps Idealism
the
elan
web
vital,
of
Pragmatism, or
irresistibly
or
who
will
either in the
it
by Hegel and
it
his followers, or
in the re-naturalized
by Bradley.
The author
of the
its accessibility
human
life,
ex-
and
and
its
some
of its qualities
and relations"
and important.
2
(p.
90).
is
full
of Christological
many
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 book
is
is full
of inspir-
whose problem
the clarification of
the meaning of the Divine rather than the proof of his existence.
is
the Reverend
This
little
book, with a
sounds so medieval,
introduction, with
its
yet quite
modern
in
many
of its parts.
the cold
name and
the uninviting
The book
is
very well
written,
The author
the character of personality, and then devotes a chapter to the discussion of the
meaning
of personality as applied to
God.
He assumes
the
God
in
and therefore
finds
no need
of doing
philosophically
Even
to those
immanence
God forms
a real problem.
The
Webb's
His
others.
its
ability
to encourage,
and be encouraged
itself
among
its
exhibits the
"With
the
first
criterion
But
it is
far
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
Aberdeen,
the
1919.
First
London:
George Allen
Unwin
Ltd.
New York:
MODERN THEOLOGY
on some such principle as no
difficulty in
I
FINKELS'I
is
243
think, have
shall,
the atmosphere
in-
tellectual culture to be
(p. 247).
present Christianity
outwardly pro-
fessed
by many
how many
gloom
of
them
are
its
true adherents?
why
should
we
when Europe
was steeped
in the
professed by those
who "had
it
may
in
its
many
religion.
The second
its clarification,
test, in spite of
remains obscure.
The
distinction
between Religion as
This
indeed hardly the time for theologians to engage in polemics with one
It
all
who
feel
its
God
is
an important factor
in
human
is
morality, that
men
it
is
time for
all
of those
who
It
belief in
God.
is
is
laid
must win.
It
now.
It is
it
no
the
in
Mohammedan
or Jew;
is
God, and
of
winning the masses who profess the faith to carry out the
from
it
To do
this
is
task that
is
life
To
succeed in that
whom
Louis Finkelstein
Jewish Theological Seminary of America.
The subscription price is Three Dollars Back volumes of the New Series can be fur-
Two
Checks or Money Orders should be made payable to the Jewish Quarterly Review. Manuscripts, Books for Review, Checks, &c, should be addressed to the Dropsie College for Hebrew and Cognate Learning, S.E. Cor. Broad and York Streets, Philadelphia, Pa., U.S.A.
AND
HALAKAH
By
BERNARD REVEL,
Cloth bound.
M.A., Ph.D.
88 pages.
For Sale by
IN
Philadelphia.
PREFACE
The
will
scarcely
since
they
no
Hebrew
and
To
it
best
worked and
to
show
where
state, in so
many
by him.
and
however
him that no
narrative,
whole story.
is
There appears
averse to stating
to be a feature of the
knows them
as well
of a witness' narrative
to be
what he expressly
245
what
246
may
be
fairly implied
from the
words used.
On
sight,
out texts in
full
made
use
of.
It follows that
some
of
them
more
The
desire to
make
the only
The author
made
at least
The
Scriptures
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
most intimate
An
is
that these
classes are
community and
ground.
on
common
Why
No
of large
government would
masses of aliens
who
for
them
SULZBERGER 247
which precluded
in estates
common
stranger, fatherless
and widow
on some
has
much
justification.
Undoubtedly they
all,
occasions,
We
as in
all
mind, that
in the
Hebrew
that
Take
word
stranger in our
9,
own
language.
lists
pp. 1079as.
1081)
covering
might
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
reflection,
many
pieces
five-dollar gold
us.
may
fairly
is
The moral
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
yatom
and almanah
the
Biblical
versions
leave
us
why
this
stranger
must be fended
in
off, it will
any
direction
which
may
give us light.
may
fairly inquire
whether the
248
words
As the word
it.
we may
begin with
is
That
it
means
stranger
by the
rules of
etymology
true.
Etymology
is,
final deter-
mining cause of
developed.
all
also translated
sakir.
nekar),
zar,
toshab,
An
that at a stage of
reign
of David,
Hebrew
and probably
was modified by
The
ger,
first class
the nokri.
The second
the absolute foreignerswere the zar and class relative foreigners were the
may
synonymous
in
of
an intimate
But
While
ticularly
fully
is
it is
word that
interests us parit
ger,
was
like
him, or
l'./.k.
if
he was not,
28.7, 10;
II.');
30.120
31.12; Hoaea 7.9; 8.7, 12; Psalm 44.21; 81.10; Job 19.15.
12. 13;
Num.
Deut.
STATUS OF LABOR IX
A \<
II
[SRAEL
SULZBERGER 249
differed.
we should determine
Initially,
it is
in
Among
important
force.
represented
the
great
labor
for
war
or actually waging
ful
work necessary for the community. With the Hebrews it was otherwise.
Their position in Egypt was not such as enabled them
When, soon
half-tribe of
after
tribes
(later joined
Man-
and the
Dead
it
cattle-raising. 3
away
their ambition to
become
in
Moses acquiesced
their soldiers
however that
Canaan.
They were
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
At most
there could
in like condition.
The
for
slave
was
called 'ebed.
If
in the
house-
hold, he
was
250
the
mode
in
translators.
so treated.
They are all compound nouns, and should be The versions, however, analyze the expressions
For
Abraham complains
to
God: "I
This, in
am
childless
and
my
ben-bayit will be
my
heir."
effect, characterizes
adoption.
to be
is
The
my
house
is
mine
been: "I
heir."
am
childless
is
and
my
my
The word
used
And
to release
so with yelid-bayit.
In Genesis 14.14
when Abram
home-born
(hanikaw
y elide
beto),
pursued
and
The
So too
in the
nant of Abraham
established.
The
on
slaves,
yelid bayit.
The words
and
in Jere-
same sense
in Leviticus 22.11
miah
keep
2.14.
we must always
to
the system.
To them
it
seemed an
institution "accursed" 4
and
this attitude
made
different
from
his condition
The conspicuous
worship.
n. 9.25;
feature
contributed
in
to
his
the family
Josh. 9.23.
SULZBERGER 251
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
more intimate
daughter of Hebrew
parents.
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
(moshel) of
Abraham's
his
possessions. 8
He
who
is
en-
trusted
selecting
bv and procuring a
and when
He
is
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
Of course, as an
'ebed
none
the
less.
The Book
it
down
that a wise
in the
mere instances
of
individual
kindliness.
They
are the
Among
human
being.
They
held in
like the
Babylonian,
Exod. 21.8.
'Exod. 21. Q.
'Gen.
;
I
Gen. 24.53.
252
Hammurabi
code, under
chattel,
him without
responsibility
else.
in the
Hebrew
laws.
by the
State.
If
a master
maim
he or
On
Hebrew
household,
may
The
ours:
"The
In passing
judgment on
one
may
modern slavery
is
among
Christian
peoples.
There
practically
and that
of the other
us in expending compassion
...
was a
Hebrew
slavery
and servant."
"We
members
dumb
advice
slaves,
(1
and
Sam.
"As member
was admitted
to
By
he ArcMologii
von Dr.
J.
Benzinger (Freiburg
i.
B.
pp. 159
162.
SULZBERGER 253
just
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
It
Exodus
21.20, 21
and reads:
"If a
man
man
die
('ebed) or his
under
his
yinnakem).
Notwithstanding,
(Jo
yukkam) for he
is
his money."
From
and not as a
fellow-being.
legal provisions
The
cruel
words
he
is
his
money"
These
critics
of prein
ages
contemporaneously
summarized
"He
is
his
money," when
it
was
first
uttered at a primi-
"
254
in the
Pentalegal
The
when
man
quately
punished, was, in
times,
the
in
the maxim:
not a
one form or
In each
is
in the
Pentateuch. 13
of the cases
where
it
is
used,
punishment
of offences
provided
for,
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
There
is,
know
of
has overcome.
specifies
quantum
of
no clue as to who
is
to administer
it.
The
probability
is
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
death."
He
opines,
is
thus
"See
"Tli'
my Ancitnt Hebri
125.
>-
SULZBERGER 255
the slave, there must have been something more than the
in
the
Num-
The
fair inference
is
that
when death
this
presumed that
deadly
quality
this
contradicted.
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
lost a valuable
piece
of
property,
heightened
presumption
of
his
innocence of murder
follow.
Under
accept
fortified
all
the circumstances
Benzinger's
hesitate to
strikingly
Professor
view,
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
among
.
all
.
civilized races
developed
soil of
within
this
area.
."
"It
was
in
the
took root".
"Their ideas
his duties to
man and
were expressed
is
demothere
cratic legislation
largely
16
an unfolding of what
is
well as
to
mere
to
man
God and
"History of the Hebrew Commonwealth by Albert Edward Bailey and Charles Foster Kent, New York, 1920, pp. 13 and 14.
256
his fellow-man.
of that instinct
It is this
among
is
the the
code that
day
life
The most
to slavery
is
that there
in the
nor enslaved.
To understand
correct view of the
the situation
it
is
necessary to get a
Hebrew
invasion of Canaan.
We
have
ing in a direct line for the coveted land, but to take as the
The
Reuben and
in
Gad
all
(later joined
by the
half-tribe of
Manasseh)
waiving
be divided
originally
among
a smaller
intended.
number of tribes than had been The two tribes Simeon and Levi
tribes, in the
war
Canaan or
ancient
in
The
poem
"the
Blessing of Jacob"
by reason
of reprehensible conduct.
Their
doom
in
is
pronounced
in these
in
words:
Israel."
them
"Gen.
49.7.
SULZBERGER 257
it
Simeon
is
that
was
disinte-
to
any
to receive them.
tribe,
though
it
finally
It
had not a
tribal
in
own, but
its
members obtained
It regained too
slices
a tribal con-
mentioned.
in
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
left
among them.
The
military
made a
conquest of each
Naturally
it
had acquired.
For the great enterprise which they were about to
undertake, the Hebrews had certain qualifications and per-
Their experience
in agricul-
was
"The land
is
Egypt, from whence ye came out, where thou didst sow thy seed, and didst water
it
a land of
and
valleys,
20
rain of
heaven
cometh down."
Deut.
10.8, 9.
Deut.
11.10, 11.
258
And
be no
the contingency
is
shall
rain,
.
fruit;
and
ye perish.
of
Moreover
industries
large share.
They
had,
in
adding to them,
humble.
"They
(the
them with
store-cities,
their burdens.
And
Pharaoh
(the
"And they
lives
in all
Egyptians)
made
in
field.
(the Hebrews')
in brick,
bitter
mortar and
.
.
and
manner
," 22
was one
of great hopeful-
as a land containing
"great and goodly cities which thou didst not build and
houses
fill,
and
cisterns
and
olive-trees
"A good
and depths
hills
And
and
in
but
in the arts
commerce.
little
thought to
They would
Deut.
SULZBERGER 259
straightway destroy "the Hittite, the Amorite, the Canaanite, the Perizzite, the Hivite
will
and
little;
thou
lest
increase
upon thee."
26
live to cross
whom
the winds.
The
go
inhabitants
and we
will
and enjoy
illusions.
it."
The
course of events
it
folk. 2 ?
The
small
to
be intimidated.
The
by
force, resorted to
They
and by
false representations
induced the
represented a territory beyond that which had planned to conquer, "a very far country," to
use their
own
words.
later the fraud
few days
The
demands
sworn
word solemnly
given, saying:
"We have
;
God
of Israel
now, therefore,
7.22.
"Josh. 6.22-25.
*>Josh. 9-19.
260
At
this
point their
the remedy.
Egypt
3I
and as such
what
on
the
liability
public works.
In Egypt
it
was doubtless
known
plural
as sare missim.
form
for a singular
The latter word was apparently a mas not used in the narrative.
sebel,
The
form
form of
which word
in
another
in at least
was-labor. 33
The
was
to
become laborers on
work
"This we
them
live;
...
And
of
wood and
public
.
.
drawers of water
service.) 34
ha-'edah."
(Meaning:
is ".
There
of
be of
of
water for
house of
my
God." iS
And
new
they acquiesced. 36
The sanguinary
them
"Exod.
1.11.
Gen. 49.15.
"Josh. 9.23.
"Josh. 9.25-27.
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
until
the
account
is
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.
"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
failure
invading forces.
natives to the
treaties of
mas
making
was
overcome and made subject to the mas-' obed by the natives of the district. The prosperity and comfort
itself
in its
contempt
for
spirit so
memory
to
remember that
'Jud. 1.19-25.
showed
"Gen.
262
that
had redeemed
its
itself.
poem
of
Deborah 39
"And
the princes
of Issachar,
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
Deborah
was
of that
The
fact that
came
to be held.
The poem
more or
less
known
It
was doubtless
'obed
after this
mas
was imposed on
in the land.
all
who remained
That some
them emigrated
Passover. 42
Enumerating the
it
classes
of
participants in
and dwelt
Judah."
The
attraction,
No
"Jud.
10.1.
Chron. 30.25.
successful stand against the
"The
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
SULZBERGER 263
employment or sustenance
in
their reach.
The
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
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
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
That the
relations of
ger
were quite
the traditions.
We
among
their
and the Hivites and the Jebusites; and they took daughters to be their wives, and gave their own
gods."-' 4
mood
of the
"Ezek.
16.3.
264
And Ezra
the tradition. 46
speaks as
if
Let
us,
however,
first
ascertain
called.
structure,
the
names
of
groups into
applied to
them
to designate their
used sometimes
in
the singular
its
collective
noun, though
plural
supply
in
blood to the
inter-
when
consciousness
all
of blood-relationship
produced
tribal
bodies,
outside
When
was brought
in
natives, both of
other.
integral
them
The
body
close
relationship
the activities of
first
the
new Hebrew
mitigate the
practices.
Moreover
their
national
experience
supplied a precedent.
Egypt
Egypt. 47
called strangers
by the
versions.
First
among
these
was
the nokri.
hostile,
"Exod.
SULZBERGER 265
abhorred by the
flesh
itself
(nebelah)
and that
which
is
The
nokri.**
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
by Hebrew or by
that
it
ger. 50
It
is
3d.
No An
52
The taking
money
or
but
it is
5th.
6th.
No
presented
on
to
When
night
fell
and
was necessary
before
them
The
"We
will
Isaiah
that
brood of nokri." 56
in
nokri style. 57
9th.
pillagers.
s8
10th.
"Deut.
J
14.21.
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
their
The 114th Psalm says of the bene nekar that "mouth speaketh falsehood, and their right hand is
of Proverbs looks
The Book
and degenerate.
nokriyah.
61
The depth
of
infamy
reached by the
The worst
filled
Hebrew
is
that the
that "zarim be
house." 62
And
children; 63
when he has
his
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
and
a whole people in
loftier spirits
new
ideas
is
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
become a
not of thy
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
Thee
" 65
for;
that
all
the peoples of
the earth
to reverence
Thee
as doth
Thy
people Israel.
goyim
(all
Psalm
144.8, II.
"Psalm
6.32.
69.9.
"Job
19.15.
SULZBERGER 267
God
of
allegiance to the
Jacob
and "they
up
shall
And Micah
61
foresees the
same happy
result in
end of days,
Messianic era.
When we
happy time
is
fully
vindicated.
nokri
may be supplemented by an
character.
It will
incident of the
most interesting
make
its
lish its
The
direct route
Edom.
At
this
for international
for that
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
Let us
pass,
field
will
we drink
of the
we
will
until
And Edom
"Thou
"Isa. 2.2-4.
me,
lest
come out
"Margolis'
268
And
"We
thy water,
let
will
I
if
we drink
no hurt."
of
and
my cattle,
then will
me
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
Amorite because
as descended
Israel's
Israel at Jahaz.
"And
Israel
and possessed
children of
cities
his land
Ammon
Israel
was
strong.
border of the
took
all
these
and
dwelt
Amorites, in
Heshbon, and
in all the
towns thereof.
who had
all
fought
Moab and
taken
his land
"Thus
Israel
dwelt
in
The
nokri,
ger.
is
mass
of
Num.
20.14
.'i.
Num
21.22-31.
"
SULZBERGER 269
in the
We
became feudatories
likewise to the
called
mas
or corvee, which
is
the liability to be
That the
force of
was an important
amply attested by
the records.
We
Moses
71
to wit:
men
that
of Israel,
is
your
little
in the
little
less
ground
ger.
and
calling
them thy
This posses-
but also
superiority, a
relation
and employees.
We
on inference alone.
dition,
common
labor.
omy
72
not only by his family and his slaves but "by thy ger that
"Deut.
29.1, 9,[10.
5.14.
270
is
of necessity,
addressed to an employer
who might
otherwise exact
alien
God
of Israel.
is
similar prohibition
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
And
pronoun (his
The
con-
schemes.
He
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
his father,
of obtaining to
them
which
natives
head a
man
of extraordinary
Adoniram, whose
1*
office is
the
mas"
what
in
"Minister of Labor"
"Lev. 16.29.
'2
"Dent.
1.16.
Sun.
20. !4.
SULZBERGER 271
77 he continued to hold under Solomon and under the latter's 78 a period of remarkable length, successor Rehoboam,
was about
office
under David and under Rehoboam. David's first step was to take a census
men
jects.
in
80
pro-
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
Israel
(women and
of a million.
children included)
We
who
The account
and the
explicit:
Jebusites,
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
and other
labors,
The mode
in
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
advantages as much
Adoniram devised
scheme
The
150,000 gerim
men were
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
of 30,000 each.
The
first
was drafted
and so on, one section for the third, another for the fourth
and another
bers of
mem-
any
term of service
first
term.
These sections
required
of 30,000
men were
Each
thrice the
number
by the
architects.
section
was therefore
each of these
number
required.
to the
It followed that
sub-sections
was held
work
months
in
each year.
siderable
in the
To
number
workmen
months
The matter
of 10,000
men
work not by continuously working for four months, but by working one month out of every
should do
its
worked
in five
years, that
of his time.
one-fifteenth or six
The outstanding
feature of this
it
were to be located
in the latter.
Solomon appointed
He
and
all
is
man
of valor)
of
the
Instead of faith-
office,
rouse opposition
119, note.
His
SULZBERGER 273
mained
till
Solomon's death. 83
of
Northern
Israel
was not
break resulted.
disturbance,
of
and the
results were,
the
Kingdom,
of the
rebel
Jeroboam
Solomon's
his
his activity.
career
he blundered.
at
Jeroboam was
refused,
their
spokesman.
Rehoboam
cry
"To your
Israel," 85
and openly
Reho-
boam, unable
Adoniram
mas
relentlessly.
He was
boam became
king, Jerusalem
was repudiated
86
as
its place.
year 933
for decades.
was
South
in
of the
not contribut-
Added
the tactlessness
"I Kings
12.3, 4.
Kings
12.14, 16.
Amos
7.13.
274
One
that
is
many
mean
that
For
is
this opinion
no semblance
of authority.
There
whereas
all
so subject.
When
the text
tells
us that
Solomon
levied a
their
mas on
kol-yisrael, it plainly
We may
raries,
were not more eager to pay taxes than are our contempo-
and
distributed.
critics
we
'!
Kins* 9.20-22;
Chron. K.7-9.
STATUS OF LABOR
IX
ANCIENT ISRAEL
SULZBERGER 275
II
Hebrew common-
wealth.
strangers,
Though described by
all
the nokrim,
who
whom
is
is
no mystery.
They
When
The majority
is
of
them
of
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
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
knowledge by working
in the best condition.
The
latter
were not
the requisite
number
of skilled farmers
and
The
of the native
settled
And
word
just as in English,
and
settled
are related).
for a season
progeny after
peasant
them were
a settled
population.
That a minority
They
preferred to
work
for a
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
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)
"
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
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.
SULZBERGER 277
of a sakir s
The term
While
its
instances of which
in
Brownused
Driver's
here,
Hebrew
it
Lexicon. 4
and
was
hired, not
from
day
to day,
but
And
was, in
shows.
The
probability
employment was
So may
releasing his
Hebrew slave at the end of six years (which was the limit of a Hebrew slave's service) on the expiration
of
free.
(A. V.)
him away
free
from thee;
true that
many modern
this view,
but
it is
who
fortifies
it it
by
Isaiah's
words
in foretelling the
doom
of
Moab, and
may
well be accepted:
of
is
Moab
shall
wax
contemptible." 6
cir-
The
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
may
fairly
be
doomed
to perpetual servitude he
must be
Our
classes toshab
They
A striking example
tant Pesah statute,
sanct, in
is
8
of this
is
commemoration
It
and par-
ticipation in
by
non-Israelites
is
As there
are
many
The groups
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
would appear to be
six
groups
is
not
so great a number.
The ultimate
test
is,
that one
who
(the
Abraham
may
This condition
the case of the
normal
in
ben-nekar, the
7 Lev. 2.S..SJ5. Exod. 12.47.
a complete
H.
"Ibid. 12.48.
"Ibid. 12.48.
SULZBERGER
it
279
The miknat
kesef
was a ben-nekar by
origin,
master to
16
whether house-born or
purchased
The
toshab
ceremony
is
forbidden.
And
word
is
Covenant
is
The
master.
toshab
same
would
Keeping
assimilative
qualities of
humankind,
not want to do what not only the master did, but what
the slave,
of doing.
whom
It
is
if
they were
'arel class.
When
and
his
it
permitted the
ger, after
self
Bertholet,
who
has
commentator,
"Vielmehr
subsumiert." 18
If
is
of this opinion.
These are
his
words:
ist ger
it
was the
nokri,
whom was
dwelt upon in
"Exod.
12.44.
"Bertholet, Die Stellung der Israeliten und der Juden zu den Fremden, p. 159.
280
Though
While
was
likely to occur,
the process.
The words
.
will
keep
the passover.
." I9
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-
To
consider
of the
till
To
to the elucidation
must
therefore be deferred
later.
This
In
ha-ares or as
it is
alternatively written,
mean
Israel
but
Hebrew
We
will
now
The
They
are
mentioned
priesthood.
together
the
regulations
concerning
the
(holy
the kodashim
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
plained
in
become a
member
ship,
of the family,
and as such
who
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
the ordinary
barred. 21
Hebrew layman
equally
The next
nor reaping.
when
there
What
by
may
owner)
by by by by
amah
(female slave)
thy sakir
thy toshab 22
in the same catemanner spoken of pos-
like
is
and servant.
There
is
no mention of thy
ger.
same use
of the possessive
pronoun
upon.
in
And,
last
but not
is
least,
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
and annuls
it
state.
status
is
names
ger.
282
Hebrew who
self to
kin.
it
However
fair
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.
jubilee year.
to be used in the
computation
as
if
the poor
sakir).
Indeed he
to be considered
and treated as a
A
facts
The outstanding
feature
is
in
work
for him.
The
is
desire
call for
such help
is
of
it
which
necessarily implied.
He
is
and
their sustenance
from
of wages,
which
land-
Hebrew
owner alongside
his land
of
him
is
and
family.
He makes an
arrange-
ger we-toshab
whereby the
latter will
employ
While
may may
is
no authority
might not
he does
so,
he
must
hire
him as a
sakir, a laborer,
daily.
STATUS OF LABOR
IX
ANCIENT ISRAEL
it
SULZBERGER
283
In this connection
may
is
the case
was
practicable.
instance
is
that of a sakir
it,
who owns
naturally
for his own The text has given endless trouble The King James version renders it
thus:
"And
and
it
it
if
be hurt, or
make
it
good.
But
if
the owner
it
thereof be with
(im)
it
make
good;
if
came
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
"if it
be a hireling
(sakir)
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),
its
whole phrase
is
passes
my
own an ox
or a cow,
work with
"Exod.
his
22.13, 14.
284
German
is
is
a translation:
It
"The
is
last
phrase
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,
in
any event,
would be
which, after
all, is
On
hiring an animal
and
hired
man
loaned animal.
In that
'If it
be a hired
man who
he must
it falls
on
his wages,
loss.'
i.e.
work
" 26
The
special
difficulty
meaning
of the
particular in-
alef).
It is
most important
it
in
this
connection.
is
The
its
"neighbor" which
ever,
it
usual signification.
Here, how-
bottom, this special meaning has the same ethical implications as the general meaning.
is
my
by
neighbor,"
is
We
cannol
definitions
}]filif.t
Schrifl
Ice
<irs
i.
B.
and Leipzig'
Beilagen
2.
10.29-37.
STATUS OF LABOR
It will
IX
ANCIENT ISRAEL
SULZBERGER
285
workmen were
As the new
lords of
considerable classes of
Hebrew
laborers,
them
some
per-
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
Hebrew workman,
ger,
(neighbor, friend).
is
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:
is
whether he be
thy
him
he
is
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
we
its
use to
mean workman.
Jeremiah
in his great
man and
30
his rea',
yatom or almanah."
rea'
and the
ger.
More
explicit still
is
King Jehoiakim:
And
his
chambers by
injustice,
That useth
nothing
And giveth him not his hire (po'alo)." 31 And comparing the King unfavorably with
his father,
in that
a covetous oppressor. 32
in Zedekiah's
Again
time he reproaches
all
the powers
and the
priests
dereliction
rea'. 3i
man's
Ezekiel
is
bitter.
enumerate among
He
that de-
gracious to the
'aniyyim happy
is
he. 37
in the
Pentateuch on similar
lines:
"A
him;
for
ye were gerim
"Jer. 22.13.
Ic.
in
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
thou lend
money
any
of
my
'immak
(versions:
for that
is
his
only covering,
.
his
garment
." 38
classification:
almanah, yatom,
'immak,
rea'.
with thee
Here rea
in
juxtaposition,
if
indeed
And now
as to the
word 'immo.
its
among
The
versions
word with
this special
series
life
We
have an interesting
of
When
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
we not
the difficulty.
literally
and Jacob
8E.\od. 22.20-26.
>Gen. 27.42-45.
288
his service of
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
This
is
the
way
the real
him) for
meanng being that he served him (worked for that time. The next verse proves this. Laban
my nephew
(ah) shouldst
me
for
naught?
Tell me,
what
shall
been with
I
thee," plainly
mean-
worked
for thee." 44
The
this
We may
sixth verse,
quote
in
The
servant
"And
the sabbath-produce
for thee,
and
for
thy
and
for
servant (sakir), and for 'the settler by thy side' (toshabeka), that 'sojourn with thee' (haggarim 'immak)."
"And
for
Another instance
"Gen. 29.20.
is
9.14.
MIbld.
31.38.
SULZBERGER
-89
The
J.P.S. version
is:
"Thou
('ebed)
that
escaped from
master unto
thee.
He
in the
liketh
him
best; thou
is:
wrong him
(lo
Thou
('ebed)
master a bondman
that
He
shall settle in
thy employment
Here we
master."
from "with
his
That
It
is
of equality.
Nor
is
the
new
relation
which
of
employment.
l
It also
is
described
lo
tonennu,
workman, the
ger,
which
contemplated. 46
of the use of this preposition 'im in
Other instances
There
is
the story of
his
Micah a
in
Ephraimite who
set
had a
little
temple of
own
which he
up ephod and
(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
in
their
Micah
and
I
said to him:
me
{'immadi)
by the
(J.P.S.
year,
and
version.)
installed
The Levite
cheerfully accepted,
whereupon Micah
priest, at
with the Lord than his own son would have had,
after all
who was
word
priest. 48
The
'im
is
example we
The
word
'im.
The
true
When we remember
the Lord's service
we must conclude
This use
in
Hebrew
its
of the
word
employment, has
We
have
all
heard
men
sufficiency, that
They do
that they
not
mean
its
the business.
are of
employees.
third
The
to the difficulty
It
is
which
is
"if."
may
however,
Sam.
"Brown-Driver, Lexicon,
sub voce Im
M.
SULZBERGER
291
we may now,
in
and seek
to
make
it
have
succeeded
in doing.
is
This
the
way
in
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,
make
good.
When
the
man
is
employed
in the
work under
its
owner."
if
The
legal reason
thus established
is
impeccable.
of the animal
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
owner
if it
was under
is
his control
and
fault
the employer's.
same
lays
down
these principles:
man borrow
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
owner
it
cow with the sakir who has been hired with before it, and who works with it.
or
We
"Exod. 22.13,
8.1.
292
He
and once
as ger toshab.
differ-
When Abraham,
felt
am
He
therefore appealed to
them
of
to
make an
of their
They
offered
any
own
sepulchres, which
would require no
his absolute
which would be
payment
is
cave that
therein.
56
That the
own
land in
among
all
the Hebrews,
purchased land,
land
its
itself is
human
beings
who
claim
ownership
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.
Gen. 23.5-20.
STATUS OF LABOR
from the toshabim
IX AN! IK\T
ISRAEL SULZBERGER
Mention has
293
in their
employ. 60
already-
may
reach a
degree of prosperity.
in that
An
interesting
linguistic
circumstance
ous toshab
is
regard
in
is
spoken of
the
same verse
as ger we-toshab
and
as ger toshab. 61
It
is
time
now
uncom-
The
tion
but
close
relations
result in a gradual
practices
tices
and
their
in a progressive assimilation
of
employers.
an element tending to hasten such a process. To determine the course it actually took
difficult
may
be
The
records give us
evidence which
A.
may
B.
rily
on
C.
Their
if
presence
on
occasions
of
extraordinary
Israel.
solemnity as
D.
The
careful
made
for
their
gaining
Their position
in
expected to participate.
to maintain their
in general,
provision
join
own religious rites and peculiarities, but was made that if any one of them desired to
do
so,
if
liberty to
"Ibid.
25.45.
The words
"Ibid. 25.47.
294
Abraham. 62
it
was
latter
was
left
own
desire,
without interference
of
any kind.
And
for those
who
the
first
who
wishes to
reference being
made
to the original
The
lamb
is
festival
closely related
festival,
the Massah
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
Israel's
command
however,
repeated,
but
ares,
this
Without stopping
it
to analyze
may
be remarked, that
Israel,
ger
The
inconsistency
Exod.
12.49.
to be found
"Num.
"Exod.
9.14.
Od. 12.15.
12.19.
SULZBERGER
if
295
houses." 67
there were a
The
ger
duty of
that
is,
neither considered
him
with
Israel.
effect:
"There
shall
thee, neither
shall there
thy borders." 68
is
found
and the
last
is
He
is
the
to avoid inter-
The
to the
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
from
his
people,"
will
be de-
stroyed "from
among
his people." 70
Another version
that ye shall
afflict
work,
it
like
the
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
among
'the
The
meaning
of the
added
it is
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
It is to
be a solemn
rest,
No
servile
work may be
ger
is
it is
and the
not
upon
its
It is
They
who worship
-*
other gods.
and His
The
used
ger
is
in agricultural
rest,
76
may have
refreshed."
may
was
be
to
of such a policy
labors.
learn from
away thy
19.1.
;,
Kv>l.
Unit.
5.1
i.
20. ii.
"Deut
5.1S.
"Exod. 2.U2.
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
them on a journey.
When
who
run
of the calamity:
"Send me,
pray thee,
I
asses, that
may
man
of
back."
And
he answered:
neither
*/ is
New
Moon
nor Sabbath." 19
Had
it
proper.
The command
l
Weeks (Shabu-
ot)
is:
And thou
God
blesseth thee.
And thou
and thy
within thy
and the
ger
"Jer. 17.21-27.
298
are in the midst of thee, in the place which the Lord thy
God
shall
name
to dwell there." 80
shall
There
work." 81
"There
be a holy
ger
is
clear that
his dwelling-place to
own
family,
ger,
first,
an
time,
Levites
lecture. 82
an
Israelite's
in
He
is
no longer a mere
on
his
own.
From a merely
is
principal.
This advance
maintained
in the
Sukkot ordinance. 88
The
to
classes
commanded
first
do so
in this festival.
There
is
vocation on the
eighth. 84
"Ye
this
shall
and
the
That
"Num
29
in
"Deut. 16.9-11.
"Dcut. 16.14.
"Num.
29.12, 35.
SULZBERGER
299
appears from
"Ye
trees,
shall take
you on the
first
day the
fruit of
goodly
trees,
and willows
and ye
.
.
Ye
that
shall dwell in
booths
may know
when
I
made
the children
land of Egypt.
." 86
in-
Another
class
in Israel
may
not do
so.
mean
The
we
though
rapidly
assimilation.
The
conclusion
is
the process.
was another
in-
like
penalty
"Lev.
17.3, 4, 8, 9.
300
being
of
from
his
people"
meaning
Israel. 88
by
89
person (nefesh)
among you
shall
any
ger
among
The bene-Israel were forbidden to give any of their children to make them pass through the fire to Molech. 91 As
this
off
of being cut
severe.
like
Some
of
this cruel
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
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
of the
God
by
as an intruder
from continuing
The penalty
of death to be executed
human
for abstention.
That the
is
practice
was not
rare even
among
Israelites
shown by
would be
"Ibid. 18.21.
"Lev. 20.2.
SULZBERGER
301
punishment refuse to
join in verdicts of
murder
Blaspheming the
Name
(shem)
such offence.
it
The
code,
it
is
true, has
it
an express prohibition of
On
and
an
Egyptian
father
blasphemed
(wa-yikkob)
the
Name. 97
natural inference
fact that he
was that
his
was not an
Israelite.
was no
law.
The
"And
Whereupon the
narrative proceeds:
"Bring forth him that hath cursed (ha-mekallel) without the camp; and
let all let all
upon
his head,
98
and
stone him.
Israel,
And thou
his
God
shall
And he
that blasphemeth
to death; kol
Name
of the
when
We
have here a
offender
"Lev.
8
was
sentenced to death.
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
step further,
cedent, laid
down
as
is
and although
still
looked
upon as
in
some
degree, an outsider.
The
decision of the
suffer
must
death
in
the
word doubtless
comprehends
Whereas,
all
Israel.
earlier,
an
Israelite
to
was
Heaven
this case
was
to suffer death
on the
When
die' 99
tame submission
belief that
to misfortune, hysterically
by urged him
mon
the offence.
I
had hoped
we must postpone
Job
2.<).
BEN
SIRA'S
ATONEMENT
By
For
of the
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,
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.
my
essay on
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,
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
304
mentaries, especially
Edersheim and
and expressed
Ben
Sira.
fair
und Gnade im
Israel, 1905;
and O. Schmitz,
tried
in
general specially to
Ben
Sira's
religious
mo-
and
"the fear of
religious
God"
The
picture,
naturally disreligion
and
reflects
Sira.
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
Ben
Sira,
and
and atonement.
I.
actions.
to
do
(4)
2
man
only
(12. 4-7).
I.
1S74;
II
1901, Pro
-.,111111
<-'!
Version.
SIX
AND ATONEMEN1
IX
BEN SIRA
BUCHLER
305
(evae^rjs),
is
sinner.
Do good
will
to one that
lowly,
to an unsinners,
godly
(d<Tj8i7s).(6)
and
Give to
3
the good
(d/zapra'Aos)-
who appears
for,
to
Their attitudes
while a good
for him,
in requiting
man thanks
and repays
himself, or
God
giver
double
charity
commended
5.
here
by
Sirach
in
a
full
42-45 but
unscientific
The
way
of
first
Alphabet of Ben
belonging
uncommon.
in
who quoted the Aramaic statement, The least that could be expected was
and
to
is
not
a ref-
the
way
of Jesus.
relief of
is
the fellow-
inculcated,
and
his
in
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
want
a
fit
make
is
recipient.
The
first
him
absolute, the
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
plain,
soil,
quotes as a proof
for
it
our passage
There
may
be added Pseudoit is
"Do
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-
whom God
man need
11),
not show
special kindness.
political, social
and
religious
antagonism
man
has
whereas the sinner here not only does not act accordingly,
gift
against
offer
its
giver.
So
self-protection
demands not
conditions,
to
him
assistance.
While Sirach's
of existing
at the
same
men
to
whom
he addressed
it
to be restrained
from continuing
Consequently, the
at least satisfactory.
character of the
Sirach
is
addressing a
man
of
were not
all
temporarily or permanently
so bad
material circumI,
213.
SIX
AND ATONEMENT
IN
BEN SIRA
BU<
.
Bl
307
whom
attitude
separated
them 9
God's hatred
ungodly;
sins in the
its
The number
(7.
of sinners
considerable
16):
"Number
not thyself
among
the
Humble thy
punishment
of the
ungodly
man
is
and worm". 11
12.
5.
Already here
it
becomes evident
men
of
in-
in
need of
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
in his sins".
whom
those words
The
by God
of the sinners
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
XX.
XXVI.
308
ent
man
will
their sinful
ways
of
life.
As some
form
(9.
or
many
"Envy
shall
Delight not
works of a
labor; for
sinner,
thy
it is
an easy thing
man
rich."
As
in Ps. 37. 1
ff,
17,
a humble
The thought
that
God
is
almighty, and
may by
keep down
in the
mind
of the
good man
marvelling
at,
and envy
of,
He
him
And man
fitting to glorify a
man
that
is
a sinner."
cessful
thought of death
bitter to
it
is
one who
is
enjoying undisturbed
lost patience.
God
that
years of
life
matter nothing
in
the grave.
As
after this
destruc-
of the sinners,
5
ff),
it
naturally,
in
nothing
Sirach's book.
As
in
assembly of
evil-doers,
and
in
22
17 the
SIN
AND ATONEMENT
IX
BEN SIRA
definite
BUCHLEB
$09
some
common
of
object, a
body
(21. 9):
"The
men
as
them
is
a flame
of
fire.
The way
last
of sinners
is
stones;
and at the
end thereof
(16, 6) In the
be kindled,
and
on
in
kindled."
The
re-
ligious attitude
life
common
to them,
(41. 5):
"The
children of sinners
if
ye
die,
a curse shall be
your portion.
to perdition.
shall
(10)
So the ungodly
shall
go from a curse
evil
(11)...
be blotted out."
Smend 13
refers v. 8 to apostates,
meant
mandments.
children;
Their sinful
it
lives
continue
in
those of their
The un-
expected change
in
The punish-
ment
is
them throughout
men.
memory
will perish
from among
Which
of the
is
failed
to observe
Once we
in
find
them
"Strive not
n. 382.
a matter that
310
not thou
lower
who
is
admonished here
may
or
may
not, according
itself
he has
no concern,
to a
it
number
of citizens, as in
who
sat
down
When
invited to be
man
is
where he strongly
and
virtues
to these
characteristic of pious
men
(37.11)
a godly man,
of the
whom
commandments, who
will grieve
own
soul,
and who
with thee,
Not only do
On
(33
is
the other
hand, the
sinner
is
a hypocrite therein
will
as a ship in a storm.
in the law;
A man
of
understanding
is
faithful
Those who do not keep the commandments are the ungodly, as also the contrast in 21.
10,11
clearly shows;
man should not consult. On the who keep the commandments not only with one another, but when in some contingencies
find in
it
Torah and
From
"Take heed
SIN
AND ATONEMENT
It
IN
BEN SIRA
BUCHLER
of
311
was scheming
some kind
(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
(5,9)
tongue.
(6.1)
be overtaken
shall
in his lips;
and the
reviler
man
in
stumble therein.
(11.32)
And
a sinful
man
lieth
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
The
commandments
is
due to Sirach's
attitude towards
them throughout
his book.
Though he
addresses
of
them
paragraph
is
any importance
to them.
r
The simple
reason
that his
either
in the
way
in
of the
commandments
come
up
were
in
need of
instruction
and guidance.
The
pulation with
whom
As
them
God
and
its ruler,
and
in
His pro-
312
THE
to
be the
its
expression of His
commandments and
should in this
between
in the
man and
his fellow,
single statement
and unclean
foods, of
and impurity,
of marriage
and divorce, of
idolatry
and
superstition,
and
the
home towards
members,
the association
and at
life
social
And
as daily
is
compasses
and
life
is
in Sirach
sometimes
As
in all
places and
their
ages,
some
and
social
some
was mabook
in
the
of
Jeremiah, by
it--
SIX
belief of
religious.
AND ATONEMENT
IN
BEN SIKA
BUI
III.I.R
.M.S
firmly and
inwardly
heard
who had
of
and
its
Jewish family
life
social virtues.
All
Torah
as the highest
of truthfulness
God
in
not religious
in the
ordinary sense,
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
manner, to
priest,
to defend the
on God
pent.
his;
to poor followers of
sinners,
and even
their
some of the
seem
to
have
lost
possessions suddenly.
in
To
example by
his holding
It
is
up
to
them the
fate of
the
unrepentant offenders.
therefore unfounded,
when
314
only the
reff
of Jesus to challenge
and
by
example Lk.
15.2.
not
God who
causes
is
man
to sin".
Certainly the
sweeping statement
himself (5.7):
"Make no
off
suddenly
shall the
in the
punishment; there
Similar
is
the
"Afterwards
He
will rise
up and
re-
their
a return and
He comforteth them
Here the
wards
off
the punish-
and he
by Sirach
forceful
warnings to
the habitual
offender
whom
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<
.i.iin.
;i*
.i
shepherd does
SIN
AND ATONEMENT
IX
BEN SIRA
BU<
BXER
315
all
of
his disciples of
God's
He gave him
33
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
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-
ness
is
great 17. 24;16. 11, as also His mercy 18. 13; 16.14.
evil,
life
Good and
Him
is
11.
14;
34 = 31.6;
forgive,
mighty to
sees
all
He
doings of
man
He
39.19
ff;
23.19; 16.14,
He
and
that
expects
is
that
man
= 35.
14.
according to his
will 32.
re-
God
judges
man
quires of
fear
commandments, the
in all
trust in
emergencies of
is
not to do His
will
folly
Him
10.7.
its
in
thought (39.16)
All the
work
shall
command
be
(17)
None can
say,
What
XXV;
Oesterley, XVIIIfl
'
316
is
this? wherefore
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
there
none that
shall hinder
His salvation.
it is
(19)
The
works
Him; and
not possible to
(20)
is is
He
and there
say,
None can
all
What
that? For
all
The
first
line states
that
that
God
created
is
good.
same
first
of.
God's hand.
more
mind,
that
many
a riddle;
and as there
is
to be noticed
much
is
is
by God.
Sirach's answer
is
manifested
in
its
God
Sea as a help to
Israel, or,
And
serve as rewards for the righteous, while the evil things are
used by
I
God
as
means
for the
.<m|
of
which
obey
of
man which
are fully
known
to
Him.
These ways
<it
God
,i
SIN
AM) ATONEMENT
IN
BEN SIRA
BUCKLER
317
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-
in
man
should praise
God from
full
tic
statement does
Of man's
life,
on the other
:
"Great
is
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
him that
sitteth
in
on a throne
him that
is
humbled
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
(8)
It
is
thus
with
fold
all flesh,
from
man
to beast,
more."
11
where a
fitting general
conclusion.
count
comes upon
that,
there
ol
is
marked
difference between
the visitations
the
318
are sevenfold.
in the
book
of Job;
forcible in itself,
ficient to allay
II.
He
thought of
to
Him was
for
in his action,
he
"A man
that
own
Who
me? Darkness
is
me, and no
man
seeth me; of
whom am
afraid?
High
will
not remember
my
sins; (19)
and the
Lord
This
the
ways
of
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
of both.
much
the
conviction that
in
God
sees
no reference to the
in
subject at
and God
is
his
question: Of
whom ami
God
will
afraid?
On
will
meaning
however,
thereby
that
He
not punish
him;
this,
God
line of
the original
text
was
losl in
Now
Sirach deall
the
(16.17):
SIN
AND A.TONEMEN1
thou,
I
IN
BEN SIRA
BUCHLER
319
"Say not
shall
shall
who
shall not
be known
among
many
It
people; for
what
is
my
soul in a boundless
creation?"
sin
was commitcall
but
later,
when He remembered
But
order to
the
sinner to account.
the
all
life
of the sinner,
when that
If
take place,
is
not at
easy or certain.
Sirach's
own words
r
did mention
was to be held
his,
when he
hopes to escape
If
this
is
firstly in
trial
the time of
its
account of
memory
hope of escape.
Sirach's
argument against
be moved, when
the foundations
He
shall visit.
He
And no
and who
shall conceive
His ways?
(21)
And
more
all
a tempest which no
punish; but, as
most
cannot be grasped.
But
it
is
320
The uncertainty
passage
is
due to the
22
of the
Greek
it
translation.
v.
The Hebrew
(21)
here of
2
little
help;
,l
takes
"D
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
though
to see,
difficult
how
extent
misunderstood the
v.
plain
words.
For
he
omi, which
could be
somehow
explained; but in
v.
3DK
in
the context
which demands deeds and not words, even the mere words
distin-
Nor does "iriD bD2 yield any sense.while the Greek prelast
word appears
t<b
,
the Hebrew.
And how
could
}'y
tjv
'iNin
DHan on
With
comes
to the rescue
in
of the
Hebrew by
the
original 'nyt&n
myp!
And
pin piXN 3 in
unite] ligible
7.11, to
is
admitted to be
emended, according
to the
Hebrew
into
but
that
translation
biblical
phrases of some
the original
God doc-
not
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
fell
away;
(12)
He
hateth. 2 *
He
that caused
(13
1
me
to err; for
He
hath no need of a
sinful
man.
that the
fear
Him
love
it
not.
left
(14)
He
Himself made
man from
own
beginning, and
him
in
counsel.
to perform faithfulness
(20)
of (thine
He
hath not
and
He hath
as
it
man
license to sin."
When made
it
nor,
to his
own moral
his
God
Himself.
When
of
own
free will,
but
it
The
contrast
in v. 11
that
God
likes
man
to sin
and
man
to sin.
it:-
God
deed
itself,
He
it
He
it
want
fear
sinful
men; evidence
it is
who
God and obey His will also hate sin, cannot be for God a desirable thing. And
consequently
if
v.
20 directly
He not What
dif-
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
God
by Him
from
God
as the instigator
in Sirach: 28
"These
wisdom,
or, as
we
are
now
justified in describing
it,
the
human
inclinations,
From Alexandria
and formulated
this so-called
it
the teaching:
God implanted
If
in
the
human
these incite
insti-
man
to sin or transgression,
it. 29
reality
God who
gated him to
This
is
Eudaemonism which,
clinations.
It
at the
same
who
Graetz
may be corevil
bent
28
man by God,
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
is
the Tempter'.
MCWJ,
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;
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
to sin, and
him
to sin.
school 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
He
did
even of the
first
man, as He
had
left
him
own way
of thinking.
As Sirach
God
it
can-
not be admitted without further evidence that his opponents held that
in
God
it
him to
15-17
is
combated
in
Enoch
98. 4: "I
sinners,...
even
man
of himself
man was
created exactly
The author
sin
of that part of
by Sirach that
in
the
way
of
evil incliin
man
It is
Sirach has
27):
"When
soul.
own
(28)
'
whisperer defileth
Testaments of the
XII
Patriarchs, 162.
Oesterley. LXIII.
324
his
own
soul,
and
shall
man.
first
Judging by the
we may take
it
for
granted that,
in spite of
Chron.
Satan as a seducer to
it
was
doubt-
Now
the root
]3tp
never means:
hate, Ps.
27. 41
seduce, but
as Q'lV,
Gen.
and elsewhere.
Accordingly,
it
the original
his
read 77 pa
openly,
his
enemy
evil
own
life;
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.
which he combats
in
11-20.
It
"And
all
men
and
of
Adam was
created
of earth.
(11) In the
abundance
His
knowledge the
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
to his
good pleasure;
men
are in the
Him
that
the
the godly.
And
another."
'
'
In the world
Most High; two and two, one against we see godly men and sinners,
I,
340.
theories, p.
LXII.
\.
SIN
Wl> ATONEMEN1
IN
BEN SIKA
life,
BUCHLER
$2
the
first
how
shall
we account
the two
daily
life
fact in all of
v.
them
in
14.
It is all
men, as He sees
and Sirach
illustrates
it
by
several
biblical history.
referring
to the Canaanites
who were
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
and not
At what stage
of their existence
in
the
clear
some
time, before
"some
He removed them. And of them He cursed and that those whom He cursed
exalted,
to
The
contrast (12)
of
and some
Him-
not referring here to Aaron's choice as priest, but comEx. 19. 4-6 the respective relations
though
in
all
human
knowledge distinguished
Israel
and made,
in
its
ways
different
is
from those of
There
no
326
acter of all or
that
He would
Jer.
Even the
is
taken
from
18.6ff
man and
place, to
his
inclinations,
but
refers,
as in the original
judgment
And
in the
same sense
also v. 14 has to be
understood as a generalization
ated
in
of the
principle
enunci-
towards mankind:
obeys the
will of
God,
is
his neigh-
rewarded by
by death.
And
as
God, so do within
correspond
(15)
by
ment with
upon
all
"And
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
Him
all justly,
and to
set
sin.
however,
is
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
And
again (43.33):
"For
the Lord
In
made
all
things;
and
to the godly
He
wisdom".
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
is
not 10a
v.
6.
The
identity
of those
(2.15):
also
Him
will
The
love
parallelism
establishes
who
sight
Him
with those
who
fear
Him; but
it is
at
first
God
fear
who
Him.
Lord
shall
(2.16);
"They
Him
be
It
The same
"Blessed
= 31.
The
17):
to
whom
of the
who
is
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
He
giveth healing,
and
parallel
and
some prohibitions
On
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
stroy
any
Is.
41.8.
'
rrra
jno
-ncn
noon ton
'n
ntn\
328
presupposed
commandments
in
is
to be obeyed,
19.
10.
as
it
is
Ps.
In
the contrast in
24:
"Better
it is
God meant
in 1.30:
refraining
from
transgressing
the
law.
Again
not unto the fear of the Lord, and thy heart was
deceit,"
it
of
And
in the
context of 27.3:
"Unless a
man
38
overthrown,"
obedient
the
in
the law of
in
have been
dis-
she transgressed
prohibition
the
left
"And
is
commandments
of the
to
Lord".
In
the
first
part
he
points
to obedience
commandments 39
And
in
the passage
from which
Lord
will
this
examination issued:
"They
that
fear the
Him
ways
will
suggests obedience
to the prohibitions of
God, while
in
command-
ments; and
the
same time we
God
is
A> the
CI P
God
constitutes such a
1310
here
-|'nse>i
.urc.it
treasure,
'n nT) man away
~o-io
"iiD;
the
<
feai
the
"i.i
keeps
from
evil
false tongue,
and
hara< teristically
yio
"iiD Is
used as in Job
28.28.
U2.1:
Happy
is
the
man
ommandmi
six
AND ATONEMENT
its
IN
BEN SIRA
is
BuCHLER
M
lor
it
is
obvious that
acquisition
a personal merit of
itit
by God.
and
in
"Whoso
(40.26)
fear
in
shall
go well with
Him
at the last,
the
day
Lord
is
above both:
nothing wanting
(27)
The
fear of the
Lord
all
as a garden of bles.
glory 41
(25.
1)
The
is
fear
of the
Lord passeth
shall
all
things:
it,
to
whom
he be likened?
Much
is
experience
the
their glorying
spirit of those
is
= 31.14) The
hope
(14)
Whoso
He
is
his hope.
(15) Blessed
to
whom
wife
does he
is
and who
is
A good
a good
the Lord.
= 35.14) He He
Him
early shall
filled
(16)
They
as
is
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
yv
imnPDi hdio
^'ITI
np' "?n
Substance
ny.
Is.
nsnTDJ hj by
who
love God.
4.5; in
34.16-31. 19:
the
"The eyes of the Lord are upon them same is promised in a higher degree to
those
330
for a derivative of
~intt\
The
will
"He
that
God
1
receive instruction,
will
and
it
when he prayeth
wording.
before
Him, He
answer him";
original
nnPDl as the
Hebrew
pre-
It is difficult to see,
how
is
Hebrew
text
it
As
in addition
ruyo
vw
not Hebrew,
is
seems to
me
fairly
the translation of
presents
some
earlier
Again,
Hebrew
the
five wordings.
13,
we count the marginal variants, even in four or One reads vpv nVn^nai pm nip' ? Bnn
1
rip'
"?n
'2csn
and
all
is
to trace
How
is
Hebrew a hypocrite,
if
we remember
is
who
alleged to
Isaac,
and pretended
to play,
we
shall
how
word
meaning.
"shall produce
ddpd
ys* 'n
last
already noted,
wbid.
is
the
and
there
no occassion
advanced.
if
he
is
God
taining
by
training his
mind
that attitude
by
41
resolutely
Baclicr,
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
"To
Lord
wisdom and
;
it
was created
womb.
and with
(15)
With men
al-
As
it
Edersheim
refers to the
its
home
in Israel
and
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
ministered before
(11) In the be-
Him; and
so
was
established in Zion.
my
authority.
He gave me rest; and in Jerusalem was (12) And I took root in a people that was
own
inheritance."
glorified,
even
wisdom was
in
is
no foundascholars
derived by some
from
1.
14a, that
patriarchs in the
womb;
As
own
time,
and the
Mace.
1.
2,
is
the patriarchs.
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
fear
of
And
as in
1.
any
explanation
indicates,
Sirach
who
is
But as the
in
fear of
God was
their
created by
God with
in
the faithful
the
womb, and
life
out their
was determined
them
advance,
in
what
view of
other ca-
God
Reg. 3.12,
in
Why
God
in
Him
into one
man and
another,
it is
He
to
in
be
good or even
sinful.
differ as
to their determining
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
ye fall";
and
it
fear of
God
that
its
possessor
is
him
in all trials
and temptations.
him a
and
his actions.
men
of
.in
average character,
them or roused
in
them, by a determined
on rush of
>
tetterley
and
B(
19.7:
And yet he
mi
nni
tified in tin-
womb
t"
I"-
prophet
six
AND ATONEMENT
IX
BEN SIRA
in
BUCHLER
533
trials
were
men
and confirmed
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,
faithfulness
of
(thine
Him
to
do
so;
is
left
them properly
commandments.
to acquire the fear of
As a preliminary
"He
is
that hath possession of the law shall obtain her. (19. 20)
All
wisdom
all
wisdom
is
the
11)
He
If
cometh master
of the
of his inclination;
of the fear
Lord
is
wisdom. (1.26)
the
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."
.
wisdom.
As on the other
of the covenant, of God's
its
hand, wisdom
is
book
embodiment
by
its
wisdom
that
it
is
clear that
study and
observance
parallel in 1.10:
And He gave
334
man
(6.
acquire
wisdom attainable
18):
for him.
can be
won by
instruction
"My
hairs
is
How
is
exceeding harsh
that
without understanding
is
not abide
gifts
in
her."
Even he who
he
undertakes
by
its
onerous demands,
(6.
may
is
a chain
24,25), a
(4. (6.
burden
and
imposes
very
hard
(18). 47
trials
17),
him her
wilt,
secrets
Again
32):
if
"My
son,
if
thou
soul,
by
and
shall
(37)
Let thy
the
in
ordinances
of
the
Lord,
meditate continually
establish thine heart,
His commandments:
desire of
He
and thy
it is
wisdom
shall
be
wisdom
its
is
Torah and
fulfilment:
in,
the meditation
14)
"As
and take
men
and
thy discourse be
law of
the
Most High.
board and
;
(16)
let
of thy
47
thy glorying be
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.
heim's:
man
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
the acquisition
denoting
the
practice
3.
of
the
duties
towards
down
their
and expounded
instruction
(6.
and
35).
And
which
it
would be of great
interest to
ascertain.
They
"Neglect
in their
and
how
to minister to great
;
men.
(9)
of the aged
for
because
time of need.
(18.
28)
Every man
of under-
Him
(29)
They
instructive statement on
that point
is
39.1:
"Not
all
and meditateth
in prophecies.
in the
seek
be occupied
He
of
renown, and
(3)
ables.
He will
and be coversant
If
the
Book
of Proverbs
illustrations of
man
in all aspects
and
all
emergencies of
life.
(To be continued)
Syriac
has:
Not
7I7S3 IN
EARLY HEBREW?
Hebrew Verb" (JQR.,
N.
S.,
XII,
25ff.)
Nun
forms of the basic conjugation, the Ka Hppn1 (Niph'al) and the other with Taw (npsnn,
reflexive
.
Pi'el
and
Taw
another with
tures.
Nun
of
the Scrip-
How
is it,
languages
Nun?
Taw
is
found
Nun
And
nans
ODitffl
isa.
33.10.
7.16.
Eccles.
Po'el
]^n Num.
'33i3fl
21.27.
Isa. 54.14.
Num.
2
24.7.
KftJ]
Chron. M.21.
56.
neon Prov.
26.26.
Ezek. 23.48.
INfer
Dan.
11.14.'
last
All these
three,
up to date as forms
is
and
it
Taw
assimilated to the
radical,
and
was evident
to grammarians,
latest of Christian
Taw
is
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)
22,p.US;
also
heber.
15g.
U7
338
and
J,
it
erroneous
Taw
letters except 1, a,
Consequently he
exam-
ples cited
Po'el,
hibit,
reflexive with
Nun
for Pi'el
and
ex-
which
all of
them
Taw
D?1"l
etc.
DOTiri^, HDsri
He
most of
with Taw,
ljiSIV
Prov.
24.3; Osnry)
Gen. 24.65.
Why
one
The
conclusion therefore
that the
full
form
Taw
If
is
Dagesh
we examine
we
find that
vincing.
Whence does he
Taw
cannot be as-
D,
is
The
fact that
not sufficient
proof.
to assimilation of consonants,
Hebrew
is
laws,
and
this strange
Hebrew
itself,
Now
of the
D,
3,
we know
DB>3N
Talmud and
,
Midrashim the
p"?BK = pb>DnN
Taw
is
p:
= DE>3T1N
(Shab.
B>N3N
,
= B>N3rm
(Baba Batra
31c).
13b);
(Shefclim 48d); p
In the Babylonian
Talmud
,
drop the
,
Taw in
most cases 5
(Sotah
'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
the
Taw
3,
but also
words
K3N = N3
,
KB^tO
pyVV
|
TV ?;
Dalman, Grammalik da
In TarKiin
jiid.-palasl.
(I
Aramaiisch 2
par.
59.5.
Jonathan: -j'^DnNI
See Luziatto's
Grammar
of the
Aramaic
of the
Bahylinian Talmud,
J
74;
4 23. 34.
WAS THERE
and
in the
A XII'PAEL IN
Palestinian
Talmud and
instead of
Midrashim we
find
N}'?
instead of
WN
n' ?, JJ'^
13N TV ?.
It is also interesting to
the assimilation of
Taw
is
not so frequent,
3,
and P 6
as, for
example, rvna.?
= rvnano
tfcjnp
= t6yano
(Lev.
(Gen. 20.3);
21.14).
14.21);
N12>30
= "iB>3no
And
in DOliy,
as to the elimination of
Taw
in
we
find its
analogy likewise
8c),
5c).
r
derived from
l"lp]
np7
since
we do not
find
that the
Lamed
is
assimilated.
Sound
we do
not find a
is
and not
far
(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
7M
is
uncertain.
From
the examples, on which the writer bases his theory, are found also with
a
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).
Taw and
And
it
no
in
reflexive
with Nun.
Aramaic
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
= ~IS3ru
principle of
the assimilation of
'
Taw
I.e.,
See
Dalman.
is
n.3.
p.
'
This opinion
186.
340
able,
the perfect of this newly invented conjugation, whose earlier form was
?9p3 after the Arabic ?9RC.
syllable before
i.
in in
an open
an unaccented
been discarded
Hebrew,
?BR?,
e.
in
our case
and
^D]},
why
Nun and
a Dagesh
And
made
remedy
and
lltp^
is
necessarily
So we say
The
possibility of such
an
artificial
np7 TpJ
f
etc.
However,
vowel
in
this
A
deem
primitive short
an
open syllable
necessarily
it
becomes
Now
necessary to
lengthen the short vowel and differentiate externally between the passive of the
Pi'el, since
the Kal and Pi'el with reference to their ussage was already blurred
difference
to the
was
should
under discussion
in
is
the place
so great,
of
Shewa by analogy
find
If so,
if
why do we
calize
onbp:
'fl1/3,
Wffl, etc.?
By analogy we
should vo-
onbp?,
TY17J2J,
is is
1HB0, etc.
We
force of analogy
And
as to 1/iO},
is
an altogether different
I
linguistic
phenomenon,
time
~i???;
for lack of
and Bpace.
in
open long
is
syllable,
thing customary
in
in
our
And
and
letter
tell
Nun
the
of
he Pi'el
Po'el
<>f
an
additional
to
is
characteristic
likely
tli.it
it
the Nun.-'
more
WAS THERE
resemble?
in this
A NIPPA-EL l\
HEBREW
the-
DlSTENFELD
341
respect its
companion
ing syllable,
form
was not
I
^0(23
quoted above
note
is
3, in
assimilation of
Taw
confined to
It is
sed
grammars,
Without choice he
Nun And
what
we add
new
D3?n (Lev.
13.55)
not,
is
passive of his
that just in
phenomenon
Hebrew, which
Arabic,
conjugations
that just in
it
Hebrew
two forms
is
of the perfect
There
too
much
is
The
linguistic
and
in process of develop-
ment, and
many
fixed
phenomena
Hebrew the
the
be-
may
As a good
Mishnah
of verbs
and
'"7 in
lNJp
lNJ3
(
etc.).
D'KTip
"?l
Kere
VV9
Ps. 32.1),
Hns-U
51.9), etc.
Likewise the
little
by
the
and the
p.
first
attempts towards
in
148
of
contain^
Ni:~
it.
The
not
\
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
for
the
reflexive
conjugations.
is
This matter
in
which
-ins
and
other-,
found
already
Sefer
[{arikmah, p.6.
342
Bible.
1~ID13
and most
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
nwn
-rc
nwiau
nenpro, etc.
HDSri,
1313J1,
And
so,
and
NtMrl,
in
which
of /i?S3
proves very clearly that they belong to a later period in the develop-
ment
of
Hebrew,
for
it
is
reflexive Nithpa'el
a secondary formation.
A
of
was
indentified
by
scholars in the
word
JTjntW
some grammarians
and
at emendation,
if
may be
explained appropriately
of
as a Nithpa'el. 10
"1B33
But
11313
we
its
form with a
visible
Taw
on
the side of
it
Nun
And, be
is
greater
H. Distenfeld.
Si.-.for in?tancr,
IX RUSSIA
AND
is
of a
compara-
Polish scholar
first
Thanks
has retained
its
significance
now and
is
a valuable source
economic activities
18th century.
jurists
end of the
by the Polish
The
at-
of the history
failure.
Kraus-
value.
insufficient
command
of Polish
Jewry.
It
was only
The Russian
and besides
Jewish
for
scholar,
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.
Bershadski
Lithuania
in
the 14th
threw
light
in the
Crimea
days.
I'i
vol. Ill,
*4<
344
aspects of Jewish
life in
M.
Dubnow
communal organizations
of Polish
Jewry and to
Jewish historiography.
way
men
except for
historiography.
Under
kinds,
in
from
Russia
and Poland.
In the "Regesty
The
Society edited a
Starina)
review
Among
Assembly
the documents brought out in the ten volumes of this review the most
valuable was
in
in
Petrograd
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
Jewish
life
in
repertories of
in
Warsaw,
Cracow, Lemberg,
promising review
in
Polish,
"Kwartalnik
The
systematically.
Vilna, Ostrog,
filled
a gap
in
Eastern Europe.
The
Vitebsk
DUBNOW S JEWS
i
IN RUSSIA
AND POLAND
these studies.
I
VISHXHZER 345
he task to grapple
difficult.
in
amount
work
I.
of material
is
The
the
late
present
an attempt of
The
by
translator,
Professor
Friedlaender,
introduces
it
pointing out
that, although
represents a completely
revised
and independent
to be
of
for
"the
first
Russo-Polish Jewry".
the outlook provided
many
is
justified,
by the work
of a great
scope.
The author
-
life in
Russian Empire from their very beginnings until the Great War.
lights are
Sea, on the
Kingdom
Jewry
in
the
and
in
the Tataric
Khanate
of the
Crimea
all this is
told in the
first
1000 years.
Chapters
II to
VI give an
Jews
in
Commonwealth.
Polish
Jews was taken over by Russia where the Jewish question had
This has given the author an
Polish
glance at
the attitude of
during
the
period 1772-1794.
The
last
in
four
chapters of the
till
first
of the
Jews
Russia
the death of
of
relates
the history
II,
Russian
111,
II.
Jewry
in
the reign of
Alexander
sinister
in
and Alexander
devoted to the
lie
regime of Nicholas
The merits
political
of
Dubnow's work
and
life
of Russian Jewry.
He
traces
two
parallel
trends of events,
by the
conflict
tors of assimilation
and nadouble
unfold*
in
his
346
the cruelties,
all
And he
conscientiously fulfilled
count
for
interminable
sufferings.
The Jewish
of
Dubnow's work, as
reflects the
many
in-
from their
The younger
generation
may have
will
Dubnow.
anti-
The
"a number
Dubnow's strength
the material.
is
He
is
to a
much
spade-work
in historical research.
is
Dubnow's treatment
of the act-
ivities of the
Lithuanian Vaad
been himself the editor of the already named "Record Book of the
Jewish Provincial Assembly
in
care for a
not
to speak of
of the sources
In this respect
M.
J.
Hessen's
first
volume
of a "History of the
Jewish People
far not
'it
in
appeared)
prove
opposite of
Dubnow.
is
just
he has
possess
the
,i
liter.iry
<ift
of
account
is
rather
poor.
But
in
chapter
like thai
Muscovy toward
is
the
sixteenth
DUBNOW'S JEWS
somewhat scanty
IN RUSSIA
AND POLAND
VISHNITZEB
U7
in sources,
much more
Dubnow which
Hessen relates
many
prohibitions promulgated
by the Tzars.
that the hostility of the Russians was directed not exclusively against
in general.
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.
in his
securing
They journeyed
to
Moscow
with pearls and other wares and supplied the Court with these goods.
If
Dubnow
We
historical
in
method
is
superficial.
terms of a
an understanding of the
one-sided.
His experience
is
of the political
economic world.
He
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.
in
He manages
Diet
to
264 of the
first
volume
of the
deputy Butrymowycz
(1789-
deputy,
Shoemakers,
348
among them".
The
moment
only, for
(p. 266)
Dubnow
Further on
number
In Poland
no
less
than
in
Western
made up
of
their corporations,
and as a
result the
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
in
Dubnow's work
is
1914 in Moscow,
Dubnow
could have
in
The
tisans
work
in
a detailed manner.
From
Kahal
may
Of
all
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
we have
Jews
in
i-
Poland.
treated
The economic
by Dubnow
tin in
Empire
is
No
notice
taken by
author of the results which the liberation of the serfs had exerted
the
economic development
life
Russia,
well.
has
considerlil>-
ably
affe<
of the
Jews
Through the
DUBNOW'S JEWS
IN RUSSIA
AND POLAND
VISHNITZER
in
549
the
new
vistas were
opened
were given
for
opening
period
of credit institutions
1864-1872
there
were
stock
banks,
11
The
part
pi
by the Jews
in this
of Russia
was
a concredit
-
spicuous ore.
institutions.
establishing
new
The
management
banking enterprises.
M.
P.
and
L. S. Poliakoff
was being
manu-
by enterprising Jewish
struction
is
not to be overlooked.
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
consider-
became
proletarianised.
We
do
should
e
-
lay particular
it is
on
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
in
the article
R'
(in
Russian), and
tin-
the
publications,
th<
"History of
Jews
350
in
Poland", which
and that
is
is
the point
is
he reviewed
in
1915
in his quarterly
"Yevreyskaya Starina",
There
who
is
Dubnow
namely
work
of
Dubnow
The
Jews
Being
one of
its
collaborators
and
its editor
I
my own
Dubnow
may
who
of the publication.
Of course books
have another
defect.
They
volume
of
Dubnow's book
a source
is
far
On
the
contrary,
many
works, essays, and record books: Z. Pazdro, The Organization and Practice
of the
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
1906; B. Kaz,
On
the History
1899;
Ghetto,
1907; L. Lewin,
L. Fisenstadt
and
M Wiener,
Science,
Sefer,
Memoirs
of the Imperial
J.
Academy
of
Historico-philological
S.
in
section,
191-4;
Emden,
P.
Megillat
1898;
der Frankisten
Offenbach",
in
Monatsschrifl, 1877;
Muliukin,
Appeared
in
<>ut.
It
to the
Wai
VISHNITZER 351
\Y.
J.
Muscovy
(R.),
1909;
Ogorodnikow,
Berkhin,
"Two
J.
Moscow Court
in
und
Kurland,
1910-1912;
Geschichte
der
Juden
in
Riga;
Kostomarow, "Jew-baiting
(R.),
Trial of Vosnitzin",
II, III,
a pleasure to point
to the merits of
Dubnow's work.
It is a
remarkable attempt at an
one of the
and a
brilliant record of
of Jewish history.
Dubnow
has presented us
which
life,
it
We
end
in the Ukraine.
He was
work
not a mere
in
adapting
an English version.
to be congratulated
in so pleasing
The Jewish
on having
It
a form.
deserves
75 pages
in
volume
literature as well.
There
is
in
the author
justified in his
is
no scholar
is
The new
edition
com-
pletely recast
and
it is
astonishing to see
how
He
is
As
and
in all the
arrangement
clear
and
practical
makes
it
The bulk
volume naturally
is
fills
over 30 pages.
xiii,
It is
in
Herzog's Realencyclopaedie
784
The
We
list
get a
new chapter
(p. 29-32)
an alphabetic
of the beginnings of
is
Gemara
by these beginnings
in
mediaeval literature.
The
Talmud
65-66).
Some
of
Mishna and Talmud might have been more extended, so that the
reader could gain a better insight into the very complicated problems.
I
Jabneh
Academy
that
it
when
would
the Jabneh
academy they
feared that
to
since
5-rRAiK.
HERMANN
L. liinlritung
in
Talmud iiiul Midrash. Funfte, ganz neu Talmud". Mflnchen, ( H. Beck. 1921
XJlt-2;
352
STRACK
other sentence
MARX
$53
the increasing
number
of
This seems to
me
up
anonymous Mishnas
that of
Shammai.
a clue which
to follow.
When
of
the Jabneh
academy decided
by the
currency
such
anonymous
collections
names
of their authors,
so that henceforth
no mistake could
arise
material
is
>mehow underwent
It is
'Eduyyot
of
a remnant.
living before
and
Shammai.
final collection of
When Rabbi
to
arranged the
it
Lewy, he entrusted
to the
in
memory of
it
Seminary, 1905,
p. 25).
Lewy's very
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
in
on IV.2, -?--;z-nbv;2.
Halberstam
in jljaVn
for
The
general assumption
(p. 70)
upheld. After
all
the length
is
month on Megillah
only Xezikin
Moed-Katan. As
a matter of fact,
we
Rab Judah
354
Academy
thus have
We
the actual evidence that the period of study of the different subjects
varied as conditions
demanded
it.
necessary.
side
It
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
an
earlier
Berakot IX:
Demai
1:
l,3b,3a,3d,3c,4b.2.4a.
in their
own names by
of
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-
Or Zaru'a (ynt
"I1N I,
Kamma
Kamma
IX, 1 that R. Osha'ya was the author of our Tosefta, since acis
fixed at
13.
The same
Xissim preserved
note,
six of
in a
Genizah fragment
in
Schechter's Saadyana,p.41,
who found
MSS. which he
is
consulted,
The
1,1)
proof, however,
invalidated
is
Kamma
R.Hiyya's
collection.
Hoffman,
XV,
126,
As
for the
me many
years ago
Codex Yaticanus
44, printed as
appendix
2 to his ed-
As
Baba
Kamma
25a
is
found
thai
text,
STRACK
MARX
Sifre
355
Zut^a
been overlooked).
full
fol.
omD2
;
niSDin by R.
Sklow 1809
in
and
Pacs 1898-
Jerusalem 1910-14
2.
Dn~DN po
L. Eisler, Beitrage
Zur
L. Friedlander,
DHJU
HDp, 1891
Schwartz.
On
p. 26-28
rangement
offer
some interest.
(Rosin,
("lOiy
Thus
Pesahim
after
Yoma.
number
I,
of mistakes
is
found
in
icles
173.
Another
list
It is also
2.
before Keritot.
accord-
Mo'ed Iatan
Augsburg
lists
is
MS.
5 chapters
But
in ed.
Two
De
other unpublished
may
be given here.
The
first is
taken
fol.
the treatise Nezikin Masseket Baba and Toharot JMH (the be-
As
in the
Parma
like
list
and
Codex
356
second
fol.
list
of the treatises
the same
MS.
omit
in
and
D'p~lS.
Parma
list
enough to furnish me
curious that
of the
Demai
also
in
left
a corruption of
it.
Whether Makkot
purposely
out as part
of Sanhedrin
final
The
of the
larger
The number
in the
heading
Gaonic responsum
of the
------
Mishna,
fer to
Hoffmann Die
Misckna
may
d D'Nbo omaa .3
n
,'j
'twn.n hn's
,'n
nvaoa
:D'sni -iid
nV-iy
n^n
nntpya
"'
y'i D'pisi
naio
,'n
wbpv
.':
,'n
kov
.'
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''
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
NrraDa
.']
CN^a
PiM'B
omo
nyaspn in nn
-iE>yai
n"?n
nnryai 'w
monn
STRACK
D'Tbob
MARX
357
m^
msipai
nnna
E ,
ms
not
D-y-j
D'ar
nnn
n'rDo
nmo erm
n
otide) ]'31T
::
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
mw
ppon
To
of
'
Aboda Zarah
Fez
written in
in the
(p.
New York
78).
It
Talmud was
commentary
printed in
i.
Fez
of Rashi, to
e.
Niddah
(or that of
la DNS
\>V HD1D of
Uhna gave
a reading.
by
itself in
Fez.
volume was
was transferred
the
to the Frank-
On
Mishna
my
JQR.,N.S.,U
p.
147).
mentioned
80nr. 8 as well as a
MS
of
Finzi, 1361,
of
them on
1317.
(p
t'oronel's
Some
in
cases in which
in
Heller's edition of
Maimonides' SeferHa-
Miswot,
note.
358
I
Page
Lewy
The
bah
term Bet
M idrash
Hebrew Ben-Sira
p. 4.
We
Talmud and
of
M idrash
a.
Torah
Rabbi Meir.
Nahmanides
Derre-
is
Strack(p.ll) only
common
Torah".
for
nor do
see
why one
The
literal sense.
first of
OLZ.,
II, p. 200).
(p.
12)
pp. 8-9,
172-73.
of the treatises (p. 24)
"Tamid
34-35.
MS.
Par-
ma
like
by Strack
combines
Kaufmann
on
the
Babot
into
rDDO.
To
the
literature
Friedlander's
in
forged
I,
Yerushalmi
ha-Kedem
Warsaw,
1908,
in
Xos- 15-25,
W. Rabinowitz
1910, nrs. 9-10.
PUVn
I,
nvs^n bn XIX,
Rabbi Nathan
To
the Babylonian
Tannaim
(p.69)
The theory
in
the
Academy
Nezikin,
of
p. 3.
Pumpedita
was
The
treatise
Kutim
(p.
74)
p.
196-203.
tivitj of
is
ii.K iiiixi
Among
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
Talmud
(p. 85)
there
is
some
tubot of Guadalaxara
Adler informed
me some
years ago.
(p.
I,
279-85.
About the
should be
Haggadah
(p.
93)
reference
made
to the
in
Aboab's InII,
47,
and
Eshkol Hakofer
fol.60
R. Ishmael into his book and did not express himself against them
The
by Konigsberger
Festschrift
Feilchenjeld
also reprinted
The reading
in the
Shemoneh Esreh
(p. 123)
also found
in
Rhodus
1426; see
Amram
p. 15.
(p.
To
Witkind
Rabbi Akiba
135)
by
B^IPDn
Johanan
(p.
and
by A. M. Padua
thal, Elisa
ben Abuja
(p.
Rewson,
R.
(p.
I.
TND
129),
(p.
Warsaw
131), Pleschen
I,
For Rab
DnsiD mnSJPD
St. in
Warsaw
1903, p. 28-73.
H.
pnv
'}
nrrViri,
(p.,
139)
compare A. Lapidot
Rabinowitz's ^tOP
nD]D
(p.
III,
297-303.
145) by
(p.
An141)
(not Y).
For R. Zeira
Berman
in '"N m"?
X, 145-154.
(p.
odology
of the
was published as
Seminary
in
far as
found
New York
the
Hoffmann
and reprinted
Berlin 1014.
360
S.
52 J which
1912, p. 322-
For
D'J'J?
nTND, Belevchtung
,
des Frankel
schen Streites, Vienna 1861 (38 pp.) against the defenders of Frankel
in the
7^<^fc>
7JJ Ol^tP
IV,
Zhitomir 1873,
M. Lerner
1914 (28
11.)
also wrote
min
I,
Berlin
by
S.
Gruenberg appeared
(p.
(60 pp.)
Of Bassfreund's
Of Dar-
paper
(97 pp.).
mesteter's article
"The Talmud" an
Maimonides' commentary on
J. M. MS. Sassoon
on Pesahim
(p.
157)
words
in the
Mishna
MS.
of
Mo'ed and
for
Nashim.
R. Meir Rothenburg's commentary
(p.
158)
we only have
rest
is
lost.
Of R. Asher ben
last
Jehiel the
of Sotah
commentary
mudic
to Zer'aim
is
two chapters
treatises (see A.
Freimann
p.
308-9
in the article
quoted by
Strack).
the Palestinian
""lytf,
and
glosses ofElij
II
Joshua Issac of
Wilna, 1863,
IV 1869; Meir
with com-
TJ 1SD
I,
Warsaw
by
I.
1875, II 1890;
Baba
Kamma
mentary
I
C^PT nUTU
all fol.
Kamma
War-
II with
Bojarski,
saw 1904
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.
Talmud
is
(p.
163) Arieh
for the
eb
Vclliii,
Yefeh 'Enaim
in
the Wilna
Talmud
to be
added
inian
l.ilniiid.
)l
Abulafia,
07BH
e
foi
112D71
texl ual
Warsaw
ic'sm
1879,
though cabbalistic,
is
of
important
MARX
Blau,
361
the im-
in der
Mischna
(p.
175) a
M.G.W.J.
To
>14.
70;
XVII, 171-183.
1*4)
XXX
for
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
Juifs,
Nimes 1879
(52
Schtdverhdltnisse,
im Talmud,
in der
talmudischen Zeit,
(p.
Wien 1914
II,
(85 pp).
Of
Fischer. Die
Urkunden im Talmud
a second
is
185) part
Die Kauf-
Eidesleistung
stein,
there
(p.
is
edition
Notwehr
186) there
Add
to this page
M. Aron,
Histoire de
(168 pp.); D.
II,
W. Amram,
191-211; Id.
The Summons,
Procedure
18 pp.;
Law
I,
Review, 1919,
M. Waxman,
Leiter,
of Jewish courts,
New
259-309.
P.
187
add W.
(63 pp.),
-nn^nn
pa aweum
of
i'DTVNn 'jruo
in
p.
75-102.
P.
The
list
p.
entirely haphazard.
190 add Sapir, y~\ta, Jaffa 1911 and for natural science, M. Z.Taksin,
-noVrotP jntan my'T,
Warsaw
P.
191
add G. Xobel,
Zur
pp.).
im Talmud,
is
diss.
Of Mielziner's book
institution of Slavery
(p.
192) there
an English translation,
The
among
in
dem
biblischen
und rabbinischen
Schrif-
Wien 1873
(60 pp.)
-llO^nn
pa
in
TiD^ra "133m
mnVlVTI
1-56
III
in
V, 102-4, 1912-13;
1-50.
P.
Krauss
in Tfljffl
1911
193 A. S. Herschberg,
S.
Ila-Kedemlll, 93-106.
Alexander,
Grund der
alien hebrdischen
1
(
Quellen
362
Talmud
its
a r rangement
and content.
The second
little
more
in detail.
in general, its
first
He
then
to
them
according
the schools of R. Akiba and R. Ishmael. This chapter might have been
first
part since
many
quoted as Baraitas
is
in the
In connection with
of
the Sifra
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
(Hoffmann was
As
overlooked and a great deal of confusion has been caused by numbering the
Perakim continuously.
Simon.
Festschrift
He had
p.
21-40
and
also
in
Winter-
of R. Ishmael
it
on Deuter-
onomy
is
not correct to
differences.
state that
for
textual
To
and
critical
1622,
fol. 33-60.
Most
of
in the useful
of the edition of
Warsaw,
commentary
commentary
of
R.Simson of
Sens.
The
latest edition
I
of Vidal Zarfati,
in
Husiatyn, L908.
Vienna.
The
the
appendix containing
Sifre
commentary
of
Sulaiman
ll>n
Uhna.
The commentaries
THE TALMUD
MARX
363
by Judah
ography.
The
last
paragraph
in 3
in
be overestimated
Buber's corrections
D.H.
M. Friedmann
material in
reedited the
first
MS
1919,
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),
edition in
the Yelamdenu
I-XXXVII.
Studies.
lished in Wertheimer's
Kohler
in
Debarim Rabba
in
also found in
MS. Parma
1240,
Bamidbar Rabba
MS.
Paris
150,
Munich
97,
Paris
187.
is
devoted to Genesis
Among
Rabba
(p.211)
Tanhuma, Yalkut
etc.
Meir Benveniste, Ot
Emet, Salonica,
1565,
MGWJ.,
relation-
To
Ekha
m\>\
A.Winkler, Be
.
Kashau 1894
V,
69
.
On
thi
OLZ,
(1902
p.
293
295
364
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
1519,
Horowitz's Satnmhing,
in
1881,
p. 47-75.
p.
173-78
XVth
p. 610,
Bacher REJ.,35,p.l23).
in
more correctly
157-164.
XX.
its
place instead of in
edition appeared
the
first
Constantinople 1512.
The second
part
was most
collected
more
fully
by Werth-
Jerusalem,
1921.
Many
arranged
in
of the smaller
in chapter
XXI
groups as haggadic
On
men-
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
Hebrew
printers in Naples.
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
On the Judeo-German Maase books see especially The Hekalot were published
is
hapter
XXII
-mall
is
Yalkut,
Midrash
collections
Hagadol
"I
etc.,
the
final
Midrashim and
translations.
Among
of
iIk
Abraham Gedalyah,
extracts
ivorno, 1650-1660,
is
mam
bom
its
predecessors,
365
1902,
seeOLZ, V,
states p. 78.
transfers the
Southern France.
Of
this
in
Yalkut on the
MS. Vatican
is
missing
the British
supplied.
Museum,
elsewhere.
Main more
ad-
will
book.
hand
deals
with.
The
treatment of so
difficult
and
complex a literature
When
away (October
additions.
will
It
1922).
He was
just
me
to supply
it
to be
hoped that
be carried out as
make
in
a most useful
work accessible
to the
name
versed
will
forever remain
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,
and that
.
MS.
of the
Talmud
at
and reviews.
To him we
are even
more indebted
aspersions
for
its
his
many
by
unscrupulous opponents.
Alexander Marx.
Jewish Theological Seminary of America.
Com-
for'
It is
an octavo volume
of 288 pages
of advertising.
in
Of
statistical
of
is
tom
of each page
word,
is
is
an 18 page review
In this,
much emphasis
laid
of Palestine
and
significant events
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
and
verse-
German.
great
many
or
meconnues"
M. Ascher
of
du point de vue
du Judaisme".
A.
is
J.
Kuk
of
Jerusalem entitled
nm
(lights),
also given.
There
is
World
Relief
August, 1920.
in
S.
Ginsburg contributes
an analytical
there
is
article
no panacea, that
hope
in in
other countries
will
eventually
Another
article, especially
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
66
SCHNEIDERMAN
"
367
"
Das Schreibverbot
J.
am
of
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,
may
is
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
There
is
is,
more likely
may
be more valuable
The
the fifth.
are
sixth
volume
of this
lines as
The
Review
of the
Year 5681,
by Doctor M. Ascher
by Mordfur
of Neuchatel;
"Moderne
Zurich,
jiidische Geschichtsschreibung",
chai Vogelmann,
and
"
den
vious volume, this also contains several short stories and poems.
New
York.
Harry Schneiderman.
Back volumes
Checks or Money Orders should be made payable to the Jewish Quarterly Review. Manuscripts, Books for Review, Checks, &c, should be addressed to the Dropsie Co lege for Hebrew and Cognate Learning, S.E. Cor. Broad and York Streets, Philadelphia, Pa., U.S.A.
BERNARD REVEL,
Cloth bound.
M.A., Ph.D.
p< st
88 pages
Price $1 .00
paid.
For Sale by
<
<>k
Broad
\\i>
Y<>kk Stree
rs,
'mi
adj.
put
\,
Pbnna.
The
seem
to be inexhaustible,
many an
ob-
of the
most
diligent investiga-
under the
title
named
in the
heading of this
article,
it
knowledge of Saadya's
the fragment
is
and work.
The importance
However,
of
it
Mann
the
new
this fragment,
and hence
intend to
In the
first
place,
we
2
find here
life.
well established,
(miDPKn ^iDa
'JP
^n
in
in 892.
Hence
all
backwards.
life
is
The
was up
to the present
either
inexact, as
* [Editor's Note]
careful revision
'
the lamented death of Dr. Poznanski, and hence could not have the benefit of the
of his publications,
D'JtP 0'B>BD
at
59.
370
to
draw
is
which
not unusual
in
such a
now we
gain 10
years.
However,
it
He composed
p. 55,
'131
1.
his first
Harkavy,
pm mnm
^ni
D'rmoi ruv
mtvy y3~iN3
Seleucid
= 902/3.
therefore
to Dntvy y3iN,
but,
that Saadya
yariNi D
now
new fragment.
could
Of course,
matters
the
following
objection
be
raised
'ayan
this
nsriDi
D'atv
e>e>
nr
]atpns
DDriND.
From
statement Bornsteim
left
Egypt
in 915.
Now we
find in
Saadya (Saadyana,
companions had
ontvy
]3 a...
said to
him:
nut nxx
nb nus
-iya
'3
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.
ol
Samuel b
th(
(.lofni's de<
larka> y, p.4i
efereno to
Ztit-
bj
!4;
/..
...
p.71.
km
Ztitolltr, p
90
FIHRIST OF SAADYA'S
left
WORKS
POZNANSKI
371
when he
Egypt, and
it
is
'3.
If,
But granted
in his letter
he could have
left
left his
home much
earlier or he
left
might have
much
is
~iyj
'3
From
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
2'
nw
it
]na
Now
true,
"l"N3
(in
V""i) rP30Di
u.
Yet David
:
b.
Mitt., V,
226 above)
Sivan.
niDi
ypn
rw3
thus correctly in
to
attention
the
difference
this
in
David
in Iyar
b.
had arrived
Babylon
office
is
David
falls
b.
Zakkai
not
to Saadya.
But
all this
now
is
to the ground,
and
David
b.
verified
by our fragment,
academy
of Sura, concerning
of Iyar, as
Mann
erroneously states.
10
p. 172
below.
372
From
follows
Gaon
14 years
b.
it
David
Zakkai he
graced the
office
of the
Gaonate again
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
title
Thus it appears that Dosa not Gaon but was also Gaon in deed, and,
is
my
old.
suggestion
become very
Even
if
death of his father, and he could not have been very small
for the reason that
died, he
Bui
why
" rvmraV
711V l"' )1KJ
attribul
noyan
Neu-
bauer.II,
82
Sherira.
REJ.,
XXXVI,
104, n.2,
,.
and
An
Ai:
-....
oted in
MS.
Hodl.2878io-
Qtyjy
|
"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
tt
Bomstein,
I.e.
p. f>K,
l.K:nyo
nstein.
I.e.,
p.91
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
to
elder Sheerith
to
two con-
Mann
many
only
traces in the
now emerging
a son of Samuel
b.
Hofni,
who
The memorandum was drawn up 11 years after Samns ins'DN ? ovn), hence in 953,
1
someone
(I ?! 'S
om^ND
i), perhaps at
whom Dosa
life.
had
this
That
may
was already
rate, it
At any
light
was
mostly on
The books
17
,
enumerated here
in
books deal-
k)
among them
also
sermons
texts,
(e),
and
in
but
pre-talmudic
work
(1)
II.
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.
Samuel's demise
is
again
Abraham
Daud.
17 I
Mann.
374
z),
among them
also
the the
commentary on the
title
nTX' ]TQ7n
V.
among
them, curiously enough, also the prayer book (w), concerning which see further below.
breaks
off
it
8),
commented
only upon the greater part of the books of the Bible, but
not upon
all
commentary
is
men-
Thus
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,
(D'Dn
in
126),
and by Abraham
Solomon
Yemen
XX,
39); the
commentary on
p.
Exodus
sides
t
106; be-
hi-
XVII,
1878,
his
by Samuel
I,
v.
Hofni (see
ma
p.
-ixin.
in
61;
also
Dtpn,
s.
157),
book on
Heno
with
'
'
particles,
'
i
Nn
tin-
(ed.
Kokowzow,
it
118),
tin-
polemii
is
listed neces-
Liter.
<l.
Juden.p.SS;
my
paper
MCWJ.JCLVl,
Bodl.,
164,
m
lano
by
i
r.t
thefollowinj
-i\.-.|
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
cited
(see
in
by
Saadya himself
his
Is.
1.2
MS.
the
by Abulwalid,
III, 4 (p.
Muhammed v. pT (Usui,
1.
ibn
Nedim
298 17 ), by Bahya
ibn
in
Pakuda,
147,
19),
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,
/.
kavv,
D3 CTEHn,
(ib.,
II,
No.
10(
= mpn,
I,
160-162); on
Exodus: 4.25
II,
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-
dum we
Then
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.
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.
376
and which he
but the
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
the Amandt.
How-
abandonment
many examples
and im-
eronomy
the same
is
supposed to be translated
as in Saadya.
in
our fragment in
is
manner
But
this
true only as
goes,
by iutid^s
(1.41)
on the
"irnrn
by omiN3l
ns:i anayjNi
yn rrn^
H3
d'ddh ]wh
is
jo
npspn^N
in
T'tn, a derivation
which
Saadya's
list
of 70 (90) words.
"you hastened"
,
in
(p.
favor of the
58,
n.
other
"you consented" 28
is
as
Hirschfeld
35)
maintains,
'131
not
likely.
ityy '331
adya.
The
result therefore
I,
that the
Gaon commented
Exodus and
Leviticus.
The
books
Mann was
i.
1
able to
Amandt
di
77
TM7N
"jVil.
i hyirhn nnrn.
It is
KIN
noteworthy
occur
Saadya.
ad do! only
In
m Tin
onomy, and
t..
j.i'.
;
1
Yefet.in
In
in
Saadj
> tbn
tanarj
1 1
ad he., and
the dictionarit
POZNANSK3
Jacob
377
MS.
1211 in Fostat
by Joseph -non tn
b.
pm
'3 B>frO, 2,
>
and there we
made
Pentateuch:
HS'l
Samuel
b.
Aaron ibn
This
wusw
is
to the end. 3
comment on
completely.
Only
Mann
commentary
first
Aaron
of Saadya in such a manner that commented upon the second half of Deuterob.
still
missing
I.
namely Genesis
But, in the
bitterest
first place, it is
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
II,
who
expressly
Studien, p.
XVIII:
;
mv
'>
rvtni
msno p)
in
Joseph
b.
Judah
(see
Harkavy,
Mann
D3
D'BHn
by
my
Zur
378
WW\ X, 23)
16, in
36.
and
Levit.
in
the second
Reggio,
p.
113).
As
to
Samuel
in
list
of
among them on
and
kavy
in tib
inN,
1878,
pp.
55-56, 61-64)3'.
The
por-
tions of the
last three
by
Israelsohn, a
(or
number
of
fragments in Peters,
commentary on Ppn
4-5,
on Deut.
ZfHB.. XII,
117, No
I;.
have before
of
me
mentary
'ni
Samuel
yo'j
communicate herewith
-inin 'asvon
in extenso:DmDE'l'lpl
nwobn
wrr^s oop:n
vbn yoDpbn ~3
nw
o'pnn 73 nx nipy?
'ypb
nan
nd
'ip bi
]H D7y:i
Rrm
p*a nipy ?
1
'si 'ner
d^i
ni ?:
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
noiy^N
*? it03n '3
dod: nens
'fl
"?t<pi
]ni2 'jn
-iw [pan
'fl
^l
nuopn
bnpi 'sp n
1
Dmxpi dd ?
1
ini: ']
n"?Np
h^n pwi
'3
*?
'" ,1
? n3ir
pun
nnspi
,n
nyac Vxs
n*73Ni
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
ho
1
'fl
bnpi
ditd^k
"7pi
^lynN ?
DDixpai nx'B^N's pD
ino ]V3
in:i
n:tn bnpt
1
iy
'r^s
'fl
:3Nn3
mso?N niaop
(y3n7N)
i'3ii:
the-
Kim
upo
w:nn wnoDp:
.
Dri
NnnNpiN ? nyi
n^H mxD ?^
1
in Vin
^y
]3
aopbn
in
Style
<>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<
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
14?).3 2
The procedure
of Joseph b. Jacob
is
therefore to be ex-
Pentateuch,
commentary
of
Samuel
b.
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
the Pentateuch.
It
is
119) speaks of a
min^
^"r
nnyo
mv
here means translation and not commentary (m and TDDH interchange quite often also elsewhere), or else, what
is
less
likely,
is
on the Pentateuch.
published by
'3NJ7D3 roai
For
it
memorandum
Mann
-a ns-inn
this, also
first
nn
,!
7N rrewna
e.
]D
fn^ innm,
and besides
teuch.
"tndd,
i.
The
is
book, whose
in
title
ers"^,
quoted also
two
lists
and
in
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
.,
Comp
also
Eppenstein.
I.e.,
p. 81
n.3-
380
nnnn ^
name,
1221-22
Its con-
(see ibid.:
-iNnm
tent
was
not, as
Mann
an explanation of the
light
word
Judah
Thus
also
commentary
of Levi b. Yefet
I
on the
earlier
prophets
this
halakic,
was
of
omitted
;^ 6
mt^x)
[-i2s]nbn
in
list
books
It is possible
In his
OLZ,
III, 432,
Muhammed
jjjl.2
.
and the passages enumerated there, as well Ibn Nedim, in the Fihrist I.e., calls Saadya's j
~*~Jb
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
VJ.
On
rj>
>
i\jjiij) j~r.*'
i^\jj
a?
Muhammed
ein,
Ibn
Nedim evidently
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.
<
..
'3.
i
,
,
No.
to
J9,
a H'-iyD 1V3-I7
"?"r is
quoted.
Heri
ITi
ronn!?,
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 .
381
commentary on
II
Sam.
21
num
a section which
and where the Gaon says that this story nine questions, which he then answers. 4 The entire
in
such form.
first,
From
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
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
o^n
npi rfotra
-'s
dhi^n nsp
2>: 3
bwi
msn
1
v ^ ^P^
nnKi nens
tdsh
'3 ? 'or
'
ib.
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.
382
Bahya
of
*s)
b.
raham
1.2
b.
Solomon
Yemen
and
his Collectanea to
I,
f.
Xah.
'S
(rbw"\
nans "riNn
vol.
37b (pwi
mp
as
we
learn now,
TDsn
the
3Nro).
The remnants
in
commentary
No.
the
ed.
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,
MS.
Minor Prophets.
From
the
name
;
Saadya
in the following:
1.13)- 8
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.
&
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.
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.,
POZNANSKI
5.
383
6.9,
Kimhi on Hos.
10.6,
11.9, 12.5,
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.
Solomon
b.
Samuel,
5.
v.
D3D;^ Abraham
Isaac in the
commentary
6.3; see
Abraham b. Solomon on Joel 1.2, Mic. 14.1 55 From all these passages, which
.
planations,
it
is
difficult to establish
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
known
to
Nedim
likewise
list,
a detailed intro-
The commentaries on
the
first
men-
Fragments
of the
commentary
.
are contained in
MS.
Bodl.
Specimens
II)
from
it
in
my
treatise
on
this
commentary
of Jewish Lore
(in ]-\in
and
in
my
in
Maker
Neumark's Journal
2.11, see
list
On Hab.
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,
A 'dvbV ?
1
i"D'N
TDsn
is
quoted, as
seen above, in a
list
of books
from the
is
8-18
is
found
in the possession of
p.
Kaufmann-Gedenkbiich,
138),
Yemen
147.
(e.
g.
MS.
is
Mus. 145subject to
is
149.150)
is
still
investigation.
The commentary on
(see
this
book
n.
1)
cited
in
by
the
Mebasser ha-Levi
and
of
From
is
it is
probably
c]dd.38
avs'7
7 "iriDN
rbm tdsh
likewise mentioned
in the
above-named
commentary.
is
list
of books
may
to
the
The
is
perhaps slightly
revised,
1896.
The commentary
by Saadya himself
b.
in his
Jeroham
also
in
his
in
Very
likely it
was used
by Ibn
Parhon
his
Tin,
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:
in
-in'
nop. No.
we read:
Kim
|iK)n ''s
Turn d'd
'jVs.
but
in
tin-
edition
In rr \*
wanting.
Si-r detaila
on
this point in
my
article in
MGWJ.,
189),
whi re to
to
t>e
B.14-17 In the po
I
POZNANSKI
Ecclesiastes,
385
Ezra-
Canticles,
Ruth,
citations
from
him on almost
in detail.
all
wish to examine
Joshua:
Kimhi on
8.32,
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,
28
(in
Harkavy's Stud.
first
u.
20),
II
6.13,
21.1.
is
The
passage conin
found also
Kimhi on
51); in
Menahem
b.
Simon
18.11,
Bahya
of
b.
Asher on Deut.
(see
and
in
Abraham
b.
Solomon
Yemen
H.
B.,
XX,
40) and
it is
from one of
his responsa. 60
The second
is
Nna and
"?y
no
his
commentary on
third,
Is.
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
'n^rv ]
in p
ri
Kimhi,
0
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.
n.
43.
386
Samuel,
40).
in
mxn
14.45
(see above,
n.
From
commentary on
this
I
section
;
must have
ns,
come
Kimhi on
(I
on the other
"irv
No. 88) must have been derived from one of the Gaon's
grammatical works. 61
c.)
could
3-9.
in -\w
Kings:
The explanation
36.2; that in
of
nnj "^m
ns, No.
Kings 18.17
(so in ed.
I
Lippmann),
but so
s. v.
Is.
Kimhi on
18.37
(= Dictionary,
-iiin)
is
(p. 164),
s.
v.
and
from
this
work by Parhon
nnD.
As
to the citation
n~\v
it is
in
Abraham
b.
Solomon on
XX,
39),
still
subject to investigation.
Jeremiah
From
p.,
80
Saadya on account
nvN -TDsn
prove that
tations.
^xnVn pin
nmtp K03
'jyN "rnyrrVN
it
a^ro
s, still there is
nothing to
Lamen-
The
Dunash, No. 89
(on 49.25),
may have
work
who
construes
n^m
The
Chiquitilla,p. 162).
to the ten pairs
<>|
citation in
verses mentioned
21,
and
is
therefore derived
Com <riiiiiK
d,
~irv
nee
Sam.
9.7
i.
ontaim
urthei below,
64.
A FIHRIST OF SAADYA's
in the
WORKS
b.
POZNANSKI
first
387
commentary
of
Menahem
/.
Simon
communicated by Barol,
c, p. 50) the
could have
33.
12,
unknown
to
me
at this
one passage
sufficient to base
upon
it
Unexplained
re-
Jer. 2.22,
quoted
in the
Responsa
ni'bp
b"i
myD
]iKjm
(see
Hint?
1.
VsD^Nn
2-4),
nnn mpn
Usfd 470,
which after
translation of Jeremiah
by Saadya. 62
altogether clear citation in the
-irr
Ezekiel:
The not
cri-
is
Both quotations
Kimhi (on
14.9
and
Amandt
Merx
(p.
160, 260).
As
to the citation
Menahem
b.
Simon on
Canticles:
claims
to
have
edited
Saadya's
Hohen
which
found here,
the
.
is
quoted
in
in
.
name
of
Saadya
(see
. .
27:
-pN-nN rrnyo
U3~i
rnDs
nn^ND rrsNJ^N).
Yet
this citation
in
Yemen
it
as the
work
of
exhibits
indeed
many Saadyanic
.
Bacher,
Still
ZATW.,
we add
Ill, 202ff
G. Loewy, Magazin, X,
this question
33ff.)-
become through
in
I.
Or
list?
nN^NS^Nl
(not
n^NXNB^ND
15 of the
388
in
in the "in'
4.8.4
Then an explanation by
Saadya on Cant.
Is it
same way
as
we
find such a
one
1.
in
Hebrew?
or should
we supply
Mann
inter-
n^o
after
DH^n
~tp,
by which, how-
books would be
rupted?
Cant.
2,
Fuchs
(/.
c.)
yet he himself
doubtful about
it.
Ruth:
of this book,
which
the other
(see
is
to
do with Saadya
The
citation in
d.
'")
Tanhum
Kohelet-
Commentar
(Jud.
9.33)
Tanhum
1
Jer., p. 5)
imyD
bipn
nqni--b"xi
m
1
p*7N
]N,
"7-rriDSD
ipn 'DD nV
may
be derived from
"lpn occurs.
printed
Hebrew commentary on
of
this
is
book, which
is
an
commentary
Solomon
b.
Je-
rohum, see
my
paper
in
MGWJ.,
1.
LI,
718-732.
That the
4-13, might
come from
See
'idi
(in-
wording
'"
Steinschneider, Cat.
iniDDi fiTOD jiton "ion
ting).
Bold.
'-iibti
2186.
K'nn"? ]'N
mwni
In hi
commentary on
|
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:
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.
POZNANSKI
p. 92,
389
is
Bacher (Leben
likely.
u.
Werke
d.
Abulwalid,
n 15),
not
of
It
the Gaon.
Fuchs
(/.
c.)
Gaon's
ry
HDD and a
in the Bodleian,
Ezra-Nehemiah:
rrnrYJI, I, 6),
the
commentary on
alluded to
(ed.
pito ntmaa
496)
maw
nn im
nhVn
n-a
Steinschneider
had
attention,
p.
122).
Otherwise he
would have
hut
(I.
mns PTVsa
"marc?
III.
no Kim.
Griin-
c,
Rabinowitch,
commentary on
Saadya Gaon, but
Ezra-Nehemiah,
ed.
Mathews,
66
whose
is
the work of
pan,
II, 103).
To be
sure,
name
of the author
is
Saadya.
Thus by Zidkiah
it
b.
passage from
myD
trail
ptsp
f.
(upbn
'VatP, ed.
Buber,
284; N'jn,
102b;
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
note on de Rossi's
myD
p.
iran
is
named
Mathew's Preface,
responsum
VIVII).
Ginzberg
3.3,
Chronicles:
(Geonica, II,
gaonic
ed.
II
Chron.
we read towards
nVna
the end:
dvs 7N ]Mon
1
13
[ny]a
nr nail
the responsum
it
is
too fragmentary to
any conclusions.
177,
The
citation
II
Dunash, Xo.
with reference to
Chron.
quoted
and
is
commentary on Exodus.
15)
In the
commentary
on
I
ed. Kirch-
of Saadya's
and
(p.
18 below):
"nvs^N
myD 31
oa^im
ir
no'^a
inx'
Perhaps also
b. Barzillai's
Saadya's explanation on
commentary on
for
derived from
is
Undetermined
(II
the source
{Usiil 619,
7;
hence
in
Kimhi's Dictionary,
v.
nsx),
but
all this is
commentary by Saadya on
tioned expressly anywhere. 68
not men-
Thus
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-
not always be
on
1.1
ivbj
]M<:
myD nro
trvs '^NHlon
i
ont bzn
r l^e
1
i
leas bo the
':ki ]in
i;poyn:
mrw
b.
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.
irab.
No
POZNANSKI
391
is
commentary
of Isaac b.
Samuel ha-Sefardi,
itself.
Unview
in
more
precisely Joseph
commentary on
these books.
also here
new
mooted
question.
is
made
also in
the
.
list
of
built
on
biblical texts.
known
list
as a preacher.
of
books
ed.
Bacher (REJ.,
XXXIX,
39.42.44)
and
No.
also elsewhere.
Another form
tpntf-n
(ib-
XL,
56,
4).
As an appendix
of a nb
mention
is
made
-nn
'Jiotfn '33
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
its
mention
6'
and hence
also
Saadya
esteemed
sess
it
it
into Arabic.
We
pos-
an Arabic translation of
(in
this Megillah,
published
Abrahams
in
Kaufmann-Gedenkbuch,
" 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.
Saadya's?
S.
From
the fact
now
re-
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
conjecture
now
noteworthy that
in
list
of
ed.
mention
is
made
of a
NnmKn
myD
i:n~i
nsV^ and a
mc
rn[yD
ia]n n
nsV^.
religious-philo-
III.
(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
ib.
329), or p ns iDb\xi
nNiNnt^N
(REJ.,
XXXII,
1
127,
9),
beginning
Bodl.
"?"r
in
The MS.
"irji
2760 13
myD "un~iV
/.
Comp.
also in addition
Eppen-
stein,
c, p. 120.
(2)
y'N-n'rN axro,
"Book
of
Pawns",
asnn
':>,
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
published
In
tin
Genizah
mention
'rQ
(ib.,
is
fM?\H 3U1
n.
3.
I
55,
made Mo.
of a
m>D 1
"ITTD
122,
91).
ostein, BeitrOgt, p.
fragment
In
dlaendei
the
Ived from
UGWJ., IA
POZNANSKI
393
by
S.
Horovitz
(in Oeuvres,
IX),
is
m^n
(4)
TDsn
p.
is
quoted under
Amandt,
is
37
Owing
to
m^n
this
book
classed
(5)
^nipd ym nxm,
therefore a
volume
of halakic writings,
size
is
which no doubt on
Perhaps
JTN-igj^n
this
is
volume
quoted, so in Ibn
,
Nedim
in the Fihrist
and
in
MS.
Bodl. 2828 2
full title
is
of this
volume
quoted by Moses
in his poetical treatise." Of such small halakic by Saadya the following are known by name:
rmnn "concerning
gifts"
d.
Juden,
p.
48, n. 4);
in
(b)
's
xan^
JQR., XVIII,
c, p. 119, n. 7);
(c)
d.
Juden,
my
The
98-99,
to be
in
18.21
is still
hy
*)iN:n
not* jitom; at
any
rate
commentary
ed.
list
may be derived also from Saadya's 18; (d) mnBI nNniD "concerning unis
mentioned
in
the
list
of books
XXXIX,
mJ
JTD^n,
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
a Peters-
in
Arabic appears
y'RIB^K '^y DK'p^K
'D
from the
394
63);
(f)
in the
of
which there
is
compendium
(-irrbo); the
my
Schechter's
Sa-
adyana,
p.
18, to
named Petersburg fragment, also MS. Bodl. 2854 7 (ma^n b"\ |inj nnyo 'lb rnsrbo nB'ntP) and a not yet catalogued
leaf
in the Brit.
na'DD^N
wtd
*p3!en
'vw niaVn
^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)
my
Schechter's
Saadyana,
a
treatise
I.e.;
concerning D"3sn
is
The
methodological
mentioned
163;
Marx,
JQR., N.S.,
p.119.217),
and
of
see Ginzberg,
I.e.,
162;
p. 109), hardly
belongs
On the other hand, Saadya must have composed many another halakic treatise, of which so far we have no
information
inni
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
'..
POZNANSKI
This work
is
395
quoted
in a list of
as
mD^N
n^Npn and
329).
is it
cited also
by Ibn Ezra on
But
ib.,
X,
was rather an
yja'j]^
in-
dependent
(2)
*7N
"7ND3N
3Nro,
hence something
like
[dnHp^n ^NDnN
'k
,3.
Thus
would
be
verified
Hirschfeld's
assumption
(JQR.,XMlll,
600ff,) that
it
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
3N!"0
13311
?y -"DS'p^ [^nbsn]
*|DV
]3
myD
Comp.
Juden,
1533.
Lit.
d.
Cat.
Bodl.,
2165-67; ;4ra&.
50,
RE J., XXXIX,
Eppenstein,
/.
206;
XL,
110,
,
l
87;
my
Opponents,
n.
p.
97.99;
c, p.
and above
73.
(3)
nosps
now shown
by the
full title,
was directed
it is
listed
among
in
cited
b.
Simson
REJ., LXXII.3)
Ibn Nedim
the Fihrist
has y-iNn'jN lm
luyVx
3Nr)3,
by Saadya
is
Comp.
76
So correctly
'7J?
DN'p7N.
396
Juden,
No. 26;
143;
RE J., XXXII,
ib.,
XLIX,
298; LXII,
/.
LXIII, 299;Eppenstein,
c, p. 112,
and
my
conclusions
in
nsV^ ?^
title
min]"?x,
riN^^N
aiil 'd
of books
from the
XXXIX,
Why
is
this
book was
listed
among
may
perhaps be explained by
well
As
prayers and
Psalm
seems, published
a polemic.'?
However,
this
is
Saadya
most
of his writings.
off,
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
the
as the p-DN, rn
the
n*n^H
riJD
?^
I'ynD
1
tdsfi, the
Nevertheless
many new
new
succeed
in
data,
and
gift
let
beautiful
which he offered
lisl
Perhaps he
will
sub-
stantiating this
obtaining.
\
d 13
l<
now Mann'i
IN
lzberger, Philadelphia.
Ill
We
down
for Israel,
in
whole
or in part,
applied to
It
series.
Before
will
over and over again meet with the ezrah, who, we have
already hinted, was not of
At a very
early stage of
ger,
if
find the
It is
necessary to
if
know what
ha-ares was,
Commonwealth.
was the
"one that
Israelite
The
himself.
by
and ezrah
ha-ares,
by
in
born
in
is
As the ordinance
Egypt,
it is
down
difficult to sec
them
all
The
difficult
not new.
ha-ares
and
ezrah.
is
while ezrah
'Exod. 12.48.
Of these thirteen
398
instances,
by added
words, that
ezrah
may
be termed explanatory.
Once we have
bi-bene
among
The
versions
(A.V.
and
J.P.S.)
agree in
rendering
ezrah ha-ares
by bom in
the land.
is
In their translations of
followed
by a
qualifica-
in
own
born
once;
among the children of Israel, born among them, once. The English and American
in
uniformly render-
word by home-born
great probability
is
is
The
is
the original
It is therefore specially
One
which
it
noticeable feature
is
occurs are
all
the Exodus
the Pesah-nmssah
setting of
The
festival
historical
the
narrative
Israel
is
that this
to start
Israel
was
on
its
non-Israelites,
group which
them
to seek a
way
out,
and
who
therefon
19,
resolved to
to stake
51.
SULZBERGER
Israel.
399
This
accession to their
By
the mass of
if
positive aversion.
not with
inexplicable,
mentioned
in
'ereb
and
asafsuf,*
be rendered
"the rabble."
That
nicknames
is
barely conceivable.
When
remembered
though bound
territory,
left
Egyptian
what more
these
(ezrah ha-ares)?
Egypt,
in
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
contemptuous terms
of
is,
What became
The one
full
them.
to,
is
of interest.
At an
Israelites
came
to think
There
is fair
ground
and the
be, the
movement was
pretty general
among
the people.
it
When
3
collapsed,
it
had
400
The Egyptian
group,
As has been
treat
it
said asafsuf
The
versions
the general
is
significance.
We
That they
is
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
and that
hence
it
in contradistinction
to the ger;
this
were
so,
the inference
Isr:
it
To
tions weighty,
not insurmountable.
is
Therein
is
no
relation
is
a com-
mand
in
addressed to Israel
in
these words:
"Ye
shall dwell
"all
the
ezrah in
'Num.
hall
dwell
in
SI
SULZBERGER
in
.
401
may know
." 9
.
that
I
made
booths when
Here
the collocation
in
order to identify
half of the
if
the two,
it
verse
is
and even
this
have to learn
why
in
the
whole body of
Israel should be
spoken of
Doubtless
this
in
the
Hosea
in
to
ed
In the Deuteronomic
dwelling
in
booths.
the
was necessary.
on that
festival, there
is
in-
cluded
in
"Thy God"
one. 12
Israel
The implied
distinction
and ezrah
in
There are
One
of
1 -5
them speaks
of the ezrah
tell
mikkem
(the ezrah
among
hi -bene
you),
us of the ezrah
4
among
We
cannot,
in
'"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
which
composition of
its
Israel,
and
equivalent, in
text in
which
it
and confully
fusion.
assimilated,
and at
after that
in
event,
the
term
of Israel
was
it
in
case meant.
The main
context
The
such
an examination
in
presents
some
is
curious features.
one
in
which
The
Numbers
in
error
performed,
shall
"all the
among them;
it
for, in
all
was done
in
error."
The
.Hid
plain
meaning
of this
is
the
^er.
Of
tin
division of the
is
Bene
Israel into
yel
in
com-
ponenl
parts there
nol
hint
And
it
the
same
is
shall
make atonement
for
"tin-
among
the
among them: ye
m. 15.26.
SI
VTUS OF LABOR
IN
ANCIEN1 [SRAEL
SI
LZBERGER
in
is
403
shall
for
him
error.""'
to
And continuing
him
that
11
denied
or ger.
all
through
chapter
that
is
follows
the added
Israel" in
elided.
The
ha-ares
may
is
There
brated "by
tion
is
is
of so earl}' a date
the subject
may
is
be dismissed.
There
noted.
ha-ares
which ezrah
may
fairly
An examination
of the context
meaning.
Day
of
Atonement.
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
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
earliest
mention
not yet
is
thought
and
in
is
viewed as distinct
Israel.
Ye
manded
to dwell in booths, to
which there
is
the significant
This points to a time when the ezrah had reached the stage
of believing himself to be an essential part of all Israel,
in
The
in
ezrah, at this
mo
travels
and
had
to dwell
booths
Why
then should he
At
made
so
by the specific ordinance not only allowing but commanding him to dwell in booths at the Moed.
next he
is
far
finally
the Pesah.
That
is
later instances in
the Israelite
ezrah
is
is
The word
is
no one
being but
histoi
The change
in
the
meaning
of the
word was
in
in
con<>t
mutations
the
life
17.22.
SULZBERGER
405
body are
it.
words designat-
The mode
here adopted
is
not new.
The
investigators
same
in
difficulties
and one
treated
them
a manner somewhat
analogous.
Targum
in
of nine
by
(Num.
It is
15.29) counted
by
us
is
presence
is
due to an error
may
two opinions,
Israel.
The
were
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
in the
ever,
among
the
children of Israel
lacking.
Instead of an objectionable
it
noun there
is
is
Israel.
If
translation
Ezrah
(Israel)
among yon
(Israel).
The
render by Israel
In four
in
it
rendered
by 'Amora, and
in
it
406
may
its
outstanding feature
word
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
Probably the
ezrah hain
Hebrew
The
and
latter
expression occurs
it
only
thrice
the
It
texts
of these three
translates one
in
by 'Amora.
two
cases,
one
we have above
exist.
may
well
What
is
means by yosheb
ha-ares
I
have
roughly conceived
to
mean
whom we
in
this investigation,
If
this supposition
is
justified,
it
would
body
is
composed
who,
become converts
There
In
is,
(
to
Israel's religion.
Number )14
renders ezrah
ha-ares
not
by yosheb
is
ha-ares but
by 'Amora
given
as follows:
"Workman
ha-ares,
[n Syria the
workman
is
called
Amora
of yosheb
3eema
.-./
fair
to infer thai
it
n\ f i..
Chaldttisehes
Wdrlerbuch by Prol
3,
STATUS OF LABOR
Canaanites as
but
calls
IN
ANCIENT ISRAELSULZBERGER
of laborers, just
407
body
as
we have done
it
them
And
this czrah
seems
In short
it
knows
Israel"
no real distinction
The
for
a casual stranger
like to
who
become a
The
translate the
word
ezrah
infinite trouble.
He knew
its
duty to be to transfer
In the Passover
Syriac equivalent.
the
body
of
Israel
and
in
these three
Israel.
The
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
Israel's
and
religion,
body.
Instead of solving the difficulty he evaded
curiously enough, in
favorite
text
of
it,
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
him.
all
408
main,
In
agree.
dissents from
subject:
and
to
ger sedek.
now come
live in a
to ezrah.
in
This term
is
applied
all
those
in
who
country
born and
no
In this
the opposite to
ger.
A
is
is
which
(see
Psalm
Similarly
Kimhi
in
his
Dictionary
Accordin Pales-
who remained
to
Israelites,
as
many
seem
me, since
many
Numbers
After the
Israelites
came
to
with
had remained
the country.
a
Il
be on
plane with
t<
he ger
scrfek.
'
Needless
says
in
say
do
much
that Reggio
to cite
this
note, bul
consider
In-
important
lie
him
was,
our word
facts
ezrafy.
For
all
ol
tin
concerning the
1,
I,
I
Peshitta,
8.
am
Mi), vol
etter
409
the work
in
which
memorandum on
use.
have made
is
free
not
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
we ended
laid
down a
little
code as follows:
He
death.
man
He
life
make
it
good,
for
If
man maim
it
as he hath done,
so shall
maimed a man,
so shall
it
be
He He
Ye
make
it
good.
man must
be put to death.
of
One may
as
ger
fairly
ask
why
murder be denounced
for ezrah
(meaning
Israel)
and
for
it
when the
made
possible explanation
may
be that
in
community
privileges,
among them
410
T HE JEWISH
QUARTERLY REVIEW
themselves, and that the enact-
their
ment
the
would be answerable to
judicial
tribunals
an
enormous step
In this
in the
little
law
in
seeming
conflict of laws.
The
Israelite
injury
the loss of the victim's time and for the cost of healing. 25
And
this
it
injuries inflicted
in
The
provision that
demands payment
is
of the cost of
not permanent.
The maiming
of this
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
purpose
deemed
necessary
in
overcome such
in
a habit.
It
may
be remarked,
modern
among
this
fighting.
In
quotation
may
|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
bul
was
Gouging
is
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
This
little
code so far as
it
ment
of homicide
man
If
ment
('/>
in a
miklat).
This
ir
miklat statute
is
expressly declared
and
or as
it
is
put
in
"tor
and
who
midst." 28
is
The
we
are considering
the following:
which
their settlement in
Canaan.
One
and drinkdetails.
offerings
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
not mentioned.
20.".
412
Thereupon
this
additional
provision:
"Every
and the
ezrah shall
do these things
after this
manner.
ger or
an offering made by
fire.
you
"As
be one
a statute
The
activity
was
geneous
communities,
looked
upon
any
homonew element
introduced as inferior.
peculiarities
in
the wording of
Its
first
addition
is
word
gregation."
That
this
is
no remark.
probability
conveys no
idea.
The
which
that
it
was a
has crept into the text and this seems to be the view of
Bertholet. 30
How
plausibly
Israel, in
the scribe
explained.
which
it
occurs, always
means
Indeed
Israel
ilie
alone without
the infusion of
any others."
is
expressly
ol
declared
when we
15.2,
I *
are told
th.it
Num.
i',.
Bertholet,
in. |2;
I.-
Dm
J.'
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,
v
i"
i.
13.4;
Kingi
26.17;
Micah
2.5;
Chron. 13.2
;.
25.
SULZBERGER
413
that
kol-kehal
Moses commanded, which Joshua read not before Yisrael and the women and the little ones and
among them." 32
Yehudah, and the
So also
festival
priests,
it
in
is
of
and the Levites, and kol-ha-kahal that came out Israel, and the gerim that came out of the land of Israel
in
Judah
rejoiced." 33
The
declared
scribe
itself to
shall
be one and the same Torah and mishpat for you and for
Behold, the
become incorporated
enlarged Kahall
We
have
now an
this
We may
At
in
this point
we may note
Daniel
that ger
is
not mentioned
Songs,
and Esther, a
significant
community
to be considered
is
the statute
or of the
community
committed by error
congregation
{'edah)
specific
required,
whereupon the
priest
makes atonement
Israel
the
whole
be
for-
"and they
shall
**2
Chron. 30.25.
414
given." 34
repeated
in
"And
the congregation
and the
ger living
of kol ha-
am
(the whole
people)." 35
If
be brought by him
specified, shall
and the
priest shall
make
ezrah
atonement
for
him and he
be forgiven.
"The
among
and the
doeth aught
Just as
in
error." 36
is
in
considered
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
We may
call this
is
the statute
it. 37
Red
Heifer.
whole chapter
devoted to
but
in
the tenth verse the words "and unto the ger dwelling
their
There could
We may
here pause a
moment
to consider an ordinance
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-
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,
to the ger to
presumably as part
of his food-wage. 40
As the
that eateth
nebelah or (ere/ah,
his clothes
among
ezrah
in
or
among
if
ger shall
wash
water
and be unclean
he be clean.
But
flesh,
then he shall
At
first
he
is
regarded as an
to the require-
if
he
fail
to
conform
that
is,
ments,
"must bear
his
iniquity,"
42
must expect
The
tithe
is
This
must be
whom
it
shall
be for food. 43
This provision
gift to
is
the poor.
It is
We
have
were
in
in
religious duties.
Nothing
list
is
more
likely
than
this:
that
we have
here a
who were
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.
18.22.
'!).
lit
416
He
It is
matter, a regula-
C.
we have
Israel,
hither-
to treated, there
occasions
of
extraordinary solemnity in
be,
were invited to
if
they were an
When
meeting of
was
near, he called a
to observe
Israel" 44
In oratorical
all
them by
classes,
the
men
of
your
little
and thy
in the
midst of
wood unto
God
thy
only do
God maketh with thee this day." "Neither with you I make this covenant and this oath, but with him
46
." 47
.
is
still
more
ger
emphatic
of the
body
of
These are
his
words:
"The
and thou
shalt
mount above thee higher and higher; come down lower and lower. He shall
Just as
we
describe
to foot," so he
head to
thought
is
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.
'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
ing." 50
Israel."
And thereupon he
what he means by
"all
little
ones and
may
hear,
and fear
the
OBSerxe to do
children,
fear the
all
and learn
to
." 5I
And
in
compliance
Ebal)
Mount
. .
.And
Israel
and
their elders
and
officers,
and
their judges,
...
as well
," 52
moral laws
for
summed
it
all
up by saying:
"Ye
My
statutes
do any
of these abominations
the
ezrah
and the
your midst." 53
will
forming a recognized
them
in
the
same
light. 54
D.
the
We
made
for
improvement
and the
in
the ger's
418
material
by granting him
rest
The
tradition
was
The accepted
Israel's
God
himself rested on
attests this.
work
of
in
Creation
Moreover when
support
the wilder-
ness
fell
fell
on Friday
it
of gathering
Of the various
texts
commanding
The
And
attention.
these
three
first
disclose
of
peculiarities
58
which merit
The
them
mands
manner
ended, but
That
may
is
finished,
when,
and behold!
if
come
the free
em-
ployee- as
by an afterthought of
of
later times.
The second
them 59
is
that
may have
rest."
ground "and
ger
the
~in
of thy
may
be
refreshed
The family
the land-
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
list
first
to
any
of the cattle.
Only
after these
is.
comes the
ger.
The
is
this text
amah may
rest as
if
Not a
the
thought
It
of.
is
and that
workman,
and
ger
was developed
return
in
To
by the
now
work
ger
on that day.
it
the benefit of
that
it
gave the
workman
was even
greater.
The
by
at short intervals,
made
would
in his
follow
that
he would
cultivate
thoughts
which
his reach.
The command
to
work on
advance. 61
The
its
celebration stimhis
a high degree.
He saw
master
"Lev. 16.29;
Num.
29.7.
420
interest.
So
too the
63
Day
of
Memorial (now
called
Rosh ha-
Shanah
),
Massot
festival.
a joyful
While
the ger
was
The
choice
was
his. 65
During the
Massot
festival,
while drinkin
memories
which
true he
had no
part, but
When
a mere yokel
Hebrew
nously
the
full
life
so.
benefit
first fruits
of the
wheat nan
esl
Naturally
there
and the
ger,
yatom
(fatherli
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
And
this rejoicing
was not
There were to be
the practice con-
"Thou
And
And
of this
same frolicsome
This
is
the Festival
known
as Sukkot (Tabernacles),
of
Even
if
procession,
as
we
know from
too
all
own
time.
besides.
Needless
74
abundant ceremonies
Here
the Levite, the ger, the yatom and the almanah asher bi-she'areka
be necessary to
down
for the
made
tically
of these prac-
adequate
"A
him." 76
em-
ployer, the
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 harvest.
is
It
is
almanah nor
"Deut.
16.11.
;od. 23.16.
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
the olive-trees.
What
is
left also
goes to the
ger,
is
the yatom
like disposition
made with
They
ger."
the
field
mentioned
and the
ger.
'
We
The
first
more
Then
too the
first
names
omit the
to
the
inference that at
the
Hebrew workclass
men
called
'ani
by
support
in
by what
their
in
by the
workmen
of our
own
day.
ih.it
he ger therein
.1-
a general
term
ger,
to include the
1
..
19.20,
ei
19 9, i"
;.--'
SULZBERGER
423
workmen, the
themselves
'ani
had
><>
The wages
sakir shall
all
The product
for food of the
year -hall be
land-owner and of
his toshab*
1
his
and
Moses,
in his
man and
his ger.
The
great probability
is
two
classes referred to
quantum
of labor or of compensation. 82
all,
The
Malachi, 86
to these
upon obedience
requirements.
The
The
cases
in
several
specific
When
code con-
"One mishpat
for the ezrah}'
1
shall
When
And
to the
month was
instituted
88
the doctrine
was repeated
in
words nearly
similar.
and
atonement
The
L*v. 1Q.13; Deut. 24.14, 15. "Deut. 14.28; 29; 26.12. 13.
"Deut.
7.6; 22.3.
"Mai
*>\um.
15.29.
24.22.
"Num.
9.14.
Num.
15.16.
424
edly gave
it
The
fact that
is
attested
by
In
Ancient
in
moderns.
day as
ours,
looked upon
themselves
as superior to
liberal
men
of other nations,
and even
in their
most
descension.
then as
now when
and
social standing.
These mighty
efforts to
and the
ger
as these:
"Thou
shalt love
him
"He
raiment.
ger; for
ye were gerim
The
effort
was
to
down upon.
fully
attained,
senti-
We
shall feel at
liberty to
assume
thai
by the conquest,
in
lost
their lands
We
it-
shall
next
proceed
1
ascertain
whether there
this brings
onsider
in
the next
Led
ure
10.18, 19.
STATUS OF l.AHOK
IN
ANCIENT ESRAEL
SI
LZBERGEB 425
IV
The
The accepted
all
and charity
of the public
seemed inadequate.
been that we
fact that
The
the ger were a large class, that they were the conquered
inhabitants of Palestine, and that the majority of them
of the conger-
That these so
settled
so settled
large
became sekirim
or wage-earners.
To speak
of a
merely absurd.
Then what
them
is
common,
it
would
first
appear.
it is
is
used,
quite
when we
consider
on their compensation
for the
When
widow
and children?
to oust
The
would be
them from
their cottage
and to put
in their place
a strong
man
426
the:
The humanitarian
defeated
if
The
was
them
to
work
doing as
much
as possible.
fair pro-
in his
work by
to
his wife
and such of
case of
his children as
The
in
Ruth
was
not
women
work
the
field
Boaz,
"Go
by
my
maidens.
field
And
rich,
work appears
however exaggerated
its
terms. 2
Our
in
ger,
yatom
may
be divided into
five classes.
by
the
their employers,
fruits of the soil,
in
in
two
em-
ployees
great celebrations
by
their masters,
two enjoin
of status
among
laborers
tint
litigant-
Divine
fiat
announcing
Heaven
ger
and
I.
'I
he
first
<
lass
ol
six
are these
a)
shall not
wrong
(lo
him
h
ill
run in
i
not
'
.titli'
{lo
'!<..
1112.
0,
21.
SULZBERGER
his
427
"Do
his
ger,
justice
rea
(the
is
versions render:
ta'ashoku)
c)
in
these words:
the oppressor
and do no wrong
to
(al-tonu),
do no violence
almanah."*
d)
Ezekiel,
tahmosu)
inveighing against
the princes
(nesiim)
of Israel charges
these:
'oshek)
"They have
by oppression
Vasu
be-
and almanah." ^
e)
"Do
not oppress
ta'ashoku)
'ant.'
17
the
And
his
finally
these
six
passages
denouncing
oppression
'ashak
in
five
five of
three,
all
and
'innah, lahas,
and hamas
one by
each
in one.
They
another, oppression.
as to
for speculation
to.
what kind
of oppression
may
be referred
Fortu-
by
-the specific
is
wronging the
The
inference
'Ma!. 3.5.
Uer. 22.3.
'Zech. 7.10.
428
is
are fellow-employees
and that
in
The
dictionaries
the idea of
brutal
Hebrew with
in
frankness calls
it
honah, 10
all
these
both
tional
mode
He was
who
im-
The law
is
"The wages
him
shalt give
it."
12
An
Next
as selfish
II.
laws.
which
made
to participate in
five are:
ger,
Two
the yatom
and
religious celebrations,
' >
all
their employer:-
of
these
two
series
have been
considered
in
ami need
repeated here
IV
these:
p. 798.
"7/>i,/.. p.
24.20. 21
16.11, 14
STATUS OF LABOR
IX
ANCIENT ISRAELSULZBERGER
due
429
"Thou
to the ger,
ger-
and
V.
finally
we have
this passage:
"He
for the
An
At
first,
that
is,
them had
become a
settled peasantry
class.
need
to secure
for
them.
in four verses only.
In the verse
for justice
and love to
them no other
class
is
mentioned.
This
is
One
of the texts
in
which provides
for a
supplemental
compensation
working-people
composed
of three verses
the
first of
#
them
may
yatom and
and reserves
I6
Deut. 27.19.
Deut. 10.18.
Deut. 24.20.
430
the gleaning
Though
are
in reality
to the increase of
The
passages
result
all
the
may
fairly
are not
ger's (the
children,
who
after
become employees
in
his
stead.
This
When
the
child, the
death of
child, the
husband's
widow and
almanah 23
is
children remained on
referred to as well as
as before.
The
gcbul
the
are
fields
of
the
yatom. 2 *
described
by
Job as being
to drive
1
away
for a pledge. 25
With
a funda-
by crossing
it
so as to seize
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
SULZBERGER 431
his
the .4rr-code:
neigh-
"Remove
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,
of
their
enough
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
"They
sell
They pant
Isaiah,
after the
somewhat
monopoly
of the land
lay field to
and
later)
beds:
"Hosea
S. 10.
Prov. 22.20.
"Am
2.7.
432
When
And And
the morning
it
is
is
light,
they execute
of their hand.
it,
Because
in the
power
they covet
houses,
fields,
(gazahi)
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
them a new
class.
This disposition
made
in three verses,
of
the second of
them
directing
Weeks
at the national
employer and
that
is
his
family,
by
his slaves,
by "the Levite
of
similar rule
slaves
"and the
Levite,
We
the
have
in
Ephraimite
of
the
pay him
.1
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
SULZBERGER
is
433
The chapter
reading. 36
It
in
well
worth
yatom and
They
are
all
resident on the
are.
estate of the
owner
in
wide-
in Israel
clearly inept.
They
When
at Shiloh, a
new governmental
policy
was
instituted.
The
They were an
to abolish
in-
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
home,
many
of
them adhered
and
To overcome
this,
if
successful,
would
finally
away and
was
in the
end
The ordinance on
effect the purpose.
this subject
well adapted to
It is as follows:
"And
if
"Jud. chap. 17. "Exod. 23.14-17; 34.23; Deut. 16.16; Chron. 7.8, 9.
Kings
8.2. 65; 2
434
Israel,
where he
lives
{gar
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
to the fathers'
houses
'
('al ha-abot).
This
is
version.
and
this translation
is
adhered
to
That
all
What
Levites
the
that
the
local
and emoluments.
if
Many would
it
fear
it,
wander round
in
selves.
We may
ger,
now
close
the
in
discussion
concerning
the
their position
sufficiently
as
i
non-Hebrew
has
been
stablished.
it
behooves us now
labor-classes.
to inquire
ol
Hebrew
Our information on
this point
is
order
MO.
SULZBERGER
435
who
there are such, whether they differ from the ger in that
The
sixteen
are, as
instances
ger,
has been
Of the
first class
yatom
five of
and almanah by
their
six,
and
we
find
that the
Exodus
The
'ani
'immak (which
41
,
'ani in
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
'ani we-ebyon.* 6
is
The
The
and
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,
These terms
ger,
yatom
fanciful
superfiuitic-.
is,
They denote
'ani, the rea'
,
that the
"Ibid. 22.25.
"Jer. 7.5.
"Ibid. 22.13.
<'Ezek. 22.
2.
"Ibid. 22.29.
436
Hebrew conquerors.
this conclusion
If
thou lend
money
any
of
My
thy
'ani,
"Thou
it
occurs
of the
'Am
(referring to Israelites). 55
in
which
refers
to the non-
Israelite.
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;
'amit.
Thou
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
Thou
The
ger,
sakir
whom Malachi
mentions
in
addition to the
At
class of
lit
ger sakir
and the
Probably by Malachi's
dis-
time (he was aboul 300 years later than Amos) the
tinction between the
all
[ebrew stock.
"Deut
19.16, 17, 18
Bi
L9.15.
ii.
"Exod.
Jer. 39
23.11.
10,
"Lev.
*Ubid. 19.34
.11
SULZBERGER 437
special
meaning
is
here attributed to
these
words
The
is
general meaning
"poor, afflicted,
humble"; that
dal:
fellow. "59
of ebyon:
"friend,
companion,
The
to
us.
We
have but
remember that
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
under the inspiration of the philosophy of our Book of Proverbs, which dubs the arrogant upstart, who dwells
in fancied superiority
(les)
61
and,
much
him with
his
the humble men, the laborers ('aniyyim). "The Lord scorneth the scorners (lesim) but giveth grace
betters,
"The
rich
man
('ashir)
(dal)
is
wise in his
own
eyes;
A
will
mere paupers,
Mere paupers
free of obligations.
are
essentially
different.
They own
to
nothing, they
It follows
no man.
M Brown-Driver, pp. 2, 195, 776, 945. "Webster's Unabridged p. 1012; Murray's (The Oxford) English Dictionary,
,
vol.
7,
'Prov. 21.24.
"Ibid. 3.34.
Prov. 28.11.
438
man
The
civil justice is to
them a mere
spectacle.
As
is
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
Though not
rich
can sue and be sued and they are liable to pay public taxes.
The Book
upon
of
texts
which bear
this subject.
first,
The
animal
in
an
earlier
whom
its
an
hired,
sometimes to be worked by
owner,
in his behalf. 64
The second
to
money
any
of
my
The
more
to the rea':
unto
for that
is
his
garment
The
"Thou
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
.'
"
liilc
Tlic
NExod.
od.
dal.
It
?.
'.-
Hgxod. n.i>.:<,
I
STATUS OF LABOR
tax.
IX
ANCIENT ISRAEL
shall
SULZBERGER 439
Everyone numbered
pay
half a shekel:
"The
(ha-dal)
."
69
is
of interest in various
of analogous texts
,
employ
all
and
ebyon.
is
What however
the
more important
is
all
members
of
all
The
rea'
is
represented in one
owner
in
of
money, and
garment
on
for its
repayment.
He
is
depend
requires
wage
The ordinance
may have
Such
is,
the
his
garment,
off
the debt.
The
'ani, in
one
text, is represented as
being credited
will also
pay
interest thereon.
The
tarbit
The wages
or
was compelled
it
over,
and
was exacted.
No
"Exod.
440
practically
it
no opportunity to earn
back.
On
the contrary, as
new
would have
to be
more
loans.
When
it
normal rate
will
as great as ours,
doubled.
The
was that
the vain
work
He
would
in short
be
in
slavery.
That the
ger
were at
first in
this condition
is
fairly
words of Moses
the
consequences which
non-observance of
is
the
Lord's
.
in
thy midst.
70
With
the rise of
ject to the
evil
became
The
any
result
any one
but a nokri
effect of this
a foreigner. 73
relieved the ger,
was far-reaching
for
it
The who
approached
directly,
While
is
this
in
consequence
is
nowhere stated
implied
of
interesl
to
an
impoverished
Israelite
get we-toshab
and no
interest or increase
be asked of him.
74
the limit of
"Lev.
25. .55-37.
its
28.4
"I
"I..
ment
of
favoring
and
stimulating
agricultural
activity.
Trade
most
the
Phoenicians,
the Tyrians.
Isaiah speaks
all
it
the kingas
doms
"the
merchant of peoples
many
isles" 76
while
Proverbs
for
(Canaanite)
However discouraging
was
Hebrews
to.
to mercantile adventure,
interest
was
steadily adhered
"Take no
all
Like
forcible
it.
prohibitive
violated
Ezekiel
is
them
for
denunciation
intensified
by ultra-enthusiasm
shall sojourn in
the cause,
A man
"who
thy
tabernacle"
interest." 79
money on
and
in-
The wisdom
it
equally condemna-
tory
"He
by
interest
crease, gathereth
him that
is
We
spoken of
in
one text as
liable to a fixed
any other
which
for.
The ebyon
"Isa. 23.17.
too
is in
27.3.
"Ezek.
"Ezek.
18.13.
"Psalm
15.5.
442
case at law.
made
to receive a
quantum
The
First,
is.
provision respecting
as follows:
let
rest
and
lie
fallow
shall eat
and
In like
manner thou
oliveyard." 81
It
would
it
and
to be stated as
merely to introduce
new
common
law.
There
subject.
It
found
in Leviticus.
give you, then shall the land keep a Sabbath unto the Six years thou shalt
Lord.
and
in
six years
the produce
But
rest
in
solemn
nor prune
vineyard.
thou shalt not reap, and the grapes of thy undressed vine
thou shalt not gather;
it
shall
And
:
the S.il>l>ath-produce
you
for thee,
and
for
thy 'ebed
and
for
for
;
'immak
13.10,
u.
SULZBERGER
and ye
in
443
"And
until
if
fruit,
shall eat
safety.
And
I
we
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
store
until
come
same
institu-
of
course,
obvious;
distinctions.
is
is,
There
no substantive
for
it.
It
it
however, characterized by
let
is
rest)
and natash
(lie
fallow).
From
this
verb shamat
derived the
name
is
This release-
same seventh
year,
closely related to
It
its
was,
pro-
what we
visions:
call,
a statute of limitations.
These are
make
release (shemittah).
And
this
is
the
manner
shall
of the release:
release
that
it
his rea';
;
of
and
his ah
(brother)
come when
there shall
be-
." s *
.
The
close relation
was apparent
to
"Deut. 15.1-4.
444
fallow year
ha-shebi'il
and the
ha-shanah
of
u-mashsha kol-yad)
natash just as in
law of Deuteronomy.
From
a)
may
be drawn:
The
ancient inhabitants of
Canaan whom
of the
Israel
dispossessed,
fallow in
by the Hebrews.
c)
ite
As was common
practices.
Canaan-
fallow
pagan
d)
The Exodus
no reference to
religion
it,
the
This Levitical
specifically
Hebrew
religious
religious character
and even a
specifically
Hebrew
It also supplied
in
mode
in
which
thrift
should be exercised
in
granaries.
mode appears
in
Egypt. 86
<>t
iii
wii. u
with
tin
Septuaginl
v.
lion to
make
the
meaning
unmistakable.
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
hand and
all
As regards the
it
is
the farmer, his family, his slaves and his Canaanite laborers
When
the
it
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
is
here used
farm-laborers
by whatever names
be known.
After
texts
this
their classes
rather
prolix
treatment of the
Exodus
we may now
rea',
two
to the 'ani
and two
of them.
to the dal.
The ebyon
is
not men-
tioned in
any
first,
The
ta'ashok
is
as follows:
(lo
"Thou
et
Here
we have
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
of
them
field"
the
"thy
vineyard;" "thou
shalt
'Exod. 23.11.
446
leave
them
for
the
'ani
and
for
the
ger."
8'
The
"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
them
and
for the
The
is
probability
is
used
in a sense large
the abnanah
who
Exodus
were
the the
Hebrew
'ani
as a class.
When
analogous
ordinances
The
'ani
non-Hebrew workers.
dal texts are these:
first
The
The
The
is
payment
the
amount
texts
thereof
is
The other
Exodus
fear or favor:
dal text
"Ye
paf);
shall
do no unrighteousness
nol
in
judgment (mishnor
righteousness
thou shall
respect
thou judge
iliy
neighboi
is
The only
ol
difference
in
in
the use
the
Exodus passages
texts
0, 21.
The Book
19.9, in
of
Numbers contains no
having
in
SULZBERGER 447
Deuteronomy,
it
them any
of the
words we
is
art-
considering.
rich in
them, though
does not
mention the
dal.
The
rea
texts in
Deuteronomy
rea'
are these:
"When thou
any manner
of loan,
Thou
to
whom
And
if
down, that he
may
and
it
shall
thy God." 94
Hard upon
this
Deuteronomy
The
"The ebyon
I
command
thy land.'
thee,
saying:
and
to thy ebyon
"Thou
we-ebyon
shalt
not oppress
(lo-ta'ashok)
a sakir
'ani
among thy
brethren or
among thy
(bi-she' areka)
In
the
shalt give
it;
him
is
down upon
.
for he
'ani
and setteth
his heart
upon
it.
.'"J6
l
in these texts.
to
are
"Deut.
15.11.
448
for daily
The
the
lump
The prophets
Amos denouncing
of the earth
sell
the
ebyon for a pair of shoes, 97 that they pant after the dust
right of the 'anawim, 9 * that they oppress the dallim (ha'oshekot dallim)
99
deny
them
;ioi
destroy the
anawim
The burthen
and gentry
complaint
of the land
common
upon the
mere instruments
and
will certainly
'ani,
encounter a deserved
doom.
the unsuccessful
Amos
to Israel.
spoil
He
have the
(gezelat)
10 they crush the people and "grind the face of the 'aniyyim." *
Israel or to
both
iniquity; to turn
and
my
ideal
people".
." ,o5
government
for
the
il>-
'arts
SULZBERGER 449
Holy One
of Israel. 106
When
do not award
"Do
ger,
justice
between a
man and
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
went
When
last
Babylonian
the
tion
of the
Under
its
influence there
resolu-
tion to
in future.
When
which that action was taken seemed past, the old abuses
were revived.
This called forth Jeremiah's denunciation:
"Thus
Me
to proclaim
every
Ye have man
and
every
man
them
into the
hand
of their enemies
of
them that
him
among
' 9
"Isa. 11.4.
">/&/. 22.16.
u*Ibid. 34.20.
450
that "hath wronged (honah) the 'ani and the ebyon, taken
by robbery
Israel,
(gezelot
for
im by extortion or oppression
plunder
robbery.
which
(besa'), just as in
and robbery
(gazel).
The crimes
Zechariah speaks
in
the
same
strain
Execute
to
ger or 'ani.
Hebrew
laborers.
sakir,
While
against
unfair
treatment of
almanah,
yatom or
ger,
rea', 'ani,
dal or ebyon.
after
As he probably
remote that
not
the restored
Commonwealth,
The social
the
Hebrew
between
had been
conflict,
the nobility and gentry on the one hand and the laborers
.uid
i
he
less successful
reduced.
tlii
view." 8
I
his
lie
IX. 2.
5
I
thai
is
gracious
i<>
Him.""9
I,.
I'M
<
>.
7 .).
in
">N.
I,
iwPro
it
It.
STATUS OF LABOR
IX
ANCIENT ISRAEL
rea',
SULZBERGER
again,
it
451
Go and come
to
To-morrow
will give
by thee." 120
unto the
"He
Lord.'* 121
that
is
gracious
"He
and come
to want." 122
is
"Do
not rob
(al-tigzol)
dal,
shall
"There
is
and
To devour
"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,
So that they go about naked, without clothing, Carry sheaves and remain hungry,
The
originally
that
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
452
The
is
all
recipients of charity
old
and wide-spread.
by beggar. 129
My
hope
is
may
be finally dismissed.
is
perhaps nowhere
passages
mentioned
referring to
in
it
the
Bible.
The two
spirit.
strongest
They
are
The
the land
first is
It rejoices in the
I3
"I
am
have
The second
Psalmist
his
is
is
The
vagabonds
for the
and beg.
." (we-shielu)
,3i
.
Such a
fate he
demands
powerful oppressor
who "persecuted
the
mind
yet
of
it
life,
in
Certain
it
is
whose
be
voice
in
common
He may,
it is
true,
by
his
Indeed
juris-
in
any system of
in
down
iin
17.14.
Im 109.10
Jm
109.16.
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
...
cause
to pervert justice;"
(be-ribo).
in his
Thou
judgment
"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
."^
:
.
"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),
."w
Whatever the
poorer classes,
of
it
names
in
for the
Hebrew
This
them developed a
dal.
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
movement among
The
landless ones
1
became
on the
and
later
who were
in
danger of losing
dal.
their farms or
who had
the
actually lost
Amos,
in
eighth century
(Israel)
denouncing the
Northern government
upon the dal" taking from him unreasonable proportions of his wheat, and rails at the luxury and extravagance of
those
who
This burden-
mas 'at-bar
in
I43
.
That even before Amos, there were unsuccessful landowners appears incidentally
of the selection of
tells
Gideon to be the
When
In his reply he
modestly deprecated
The
of
the Judean
Kingdom
The
are?
l* s
ported, adds:
the
dallat
'am
,
ha-
who
to
and husbandmen.' 46
conquerors
The
dal at
policy
of
the
Babylonian
was
home
And now
At the
sum up
final
among themworkingmen.
.1.1
Mo^t
of
<>n
the land
24.H
peasanl
MAmM5.ll.
w2 Kings
1.1
,16.
STATUS OF LABOR
IN
ANCIENT [SRAEL
SULZBERGER 455
while
those
who were not so settled worked for daily wage as sekirim. The general term applied to both classes was ger (literally,
stranger).
When
his family
were
not driven out of their humble cottage, but remained on the land and worked on it. Hence the locution ger, yatom
At
first
and
for
many
in
centuries
it
When Abraham,
in that sense. After the Hebrew conquest had subjected the Canaanites, it acquired, the
additional
meaning
of laborer,
and
this
it
retained during
when the
ger
and the
distinction
The Book
on
never mentions
'ani classes of
workingmen.
When
it
was
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
to
mean a
proselyte.
It
had acquired
when
the
was
Wherever the
considering, the
Greek
Its earliest
I
know
of, is in
456
though
it
in
common
speech for
coming
in
it
That
meaning
It is a curious philological
it
writing.
When,
of,
in the
Book
of
perhaps
contemporaneously
with
the
They
which
There
in the
is
its
use:
form of a participle:
mityahadim or as we might
ger
in
the records,
is
They
workmen
status seems to be on a
body
of Israel.
The only
the texts
in
religious matters.
fairly infer that
From what
us
we may
Hebrew
nation.
siderable
body
to Israel with
and
to share
for
its fate.
The
name-
them:
'ereb rah
fairly
rendered
by "the rabble."
ii.
line
for
When we
reflect
in
that
Egypt,
probability that by
"
way
<>f
Egyptians "nativt
eems reasonable
STATUS OF LABOR
ezrah
IX
ANCIENT ISRAEL
SULZBERGER
is
4.57
meant
native
easy to reach
From
was
all
the texts
it
cold.
the duties,
military
and
religious,
imposed on
full
Israelites,
religious equality,
rise
to
Notwithstanding
this
repugnance,
whom
It is significant that
none of the
The
to full
and
of the ger
to sketch.
membership
have endeavored
At
all
To
there
was
finally
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
doubtful.
But even
this
were not
so,
there
dis-
of soil
classes
of
Hebrew
laborers
Of
all
the dal
came
to
mean
458
cultivating
by the
in
many
cases supplementing
its insufficient
by worktherefor.
some
raised a
men ready
to tyrannize
The whole
Biblical literature
movement
in
Hebrew
laborer
in
condition,
more
The
meant no more
and those who
line
between the
rich
word the
stranger
of our versions,
body
the
in
of Israel,
and were,
in
the intimate
life
of
living
by
their labor
behalf.
fairly
So that we may
the
protection
initiated
in
was
and
its literature,
becoming indeed
the people.
part
of
the
mental constitution of
of
the
i 1
>1
on the subjed
may
it
have been
fully appreciated,
l\
tli<-
the
main
has
every
<>f
the civilized
SULZBERGER
450
and governments.
great
To
race
that produced
in
like
all
literature,
though
the
same degree
carried a message to
147
"The Voice
American Edition
p. 71
BEN
By
SIRA'S
ATONEMENT
A.
Buchler, Jews'
College, London.
III.
Among
both of them
God and
not,
They
in
And
I
say not,
Who
shall
will surely
take
Say
not,
sinned,
and what
(5)
is
longsuffering.
fear, to
is
add
sin
upon
will
and say
great:
for
He
my
sins:
mercy and
upon
will rest
(8)
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
mind made
his
his conduct,
and he ignored
God
in his
own
desires.
462
He
will
punish him. 50
When
reminded
had experienced no
many an
occasion.
all
their case
God's
in-
difference to
unlimited forgiveness
and
compassion,
is
longsuffering.
Continued
will in
sinning
sure to exhaust
The
man
is
v. 8 to his
confidence that,
God
sacrifices,
and the
by dishonest means.
is
This
is
is
stated
again (16.12)
also:
great, so
His correction
(13)
He judgeth
man
The
not be frustrate".
plundering
is
wrongdoer
God who
is
sure to grant
it.
The
the confident
sacrifice
mind
in
of the sinner
the
Temple
is
s3'7V lin7D7
K]7QT1 corresponding
is
to
JTT
Tin
Hebi
c'btu
ild
i-
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
hi
ii
SIX
AND ATONEMENT
IX
463
He
will
and
is
Lord
Him
is
no respect of persons.
He
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;
As He
acts here
by whom
and
presentation
is
submits
in
God
takes
is
it
up.
By
which
of
he recently committed.
illness
God
in
I
measure of
sin, just as
Kings
17.
I
18 the
woman
thee,
What have
to
do with
thou
man
of
God ?
art thou
come unto me
to bring
my
sin to
my
son?
Moses or
postponement of
an urgent duty.
And
their supplication
by
>i
464
sacrifice (see
Thus
calamity to a
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
"He
is
that sacrificeth of a
made
in
mockery;
well-pleasing.
He pacified
by the multitude
before
his
As one that
of the poor...
cursing,
whose voice
will the
is
Lord
to?"
If
necessary, here
rallel
by
the
sinner
from
his
ill-gotten
gain
were
offered
to pacify
God who
him
as the out-
ward expression
the poor
sions
is
of
His anger;
God
and robbery.
The
other
transgression
of
the
sinners
which Sirach
this subject
first
About
'
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
Sam M.24
SIN
AND ATONEMENT
IN
BEN SIRA
BUCHLEK
my
life,
165
(23. 4):
"O
up
(6)
God
of
give
me
not lifting
from me.
me
As the commentators
nowadays came
home,
in
meet men
in society,
and lay
in
wait on every
guard
in
owing
to
human weakness, he
his
As some
of those
life
whom
to be
no grave
sin,
and
irreligious root.
His stateis
ment a part
his heart,
of
for
his
in
"Saying
Who
seeth
me?
Darkness
is
am
(19)
afraid?
will
not
his terror,
not that the eyes of the Lord are ten thousand times
brighter than the sun, beholding
all
the
ways
of
(20)
All
things were
known
manner
he
unto
Him
and
in
in
like
were perfected."
And
two
lines (21)
and punished
even by men, as also the adulteress (21-26); and the impressive warning concludes (27):
"And
left
is
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
As the
sinner
Job
24.
is
conscious of comhateful to
mitting a grave
it is
God;
It
He
is
And
of
consideration
is
the
punishment
by
human
justice
makes us
to expect,
is
The
it
sin of
lust,
by
is
and even so
em-
the
list
in
children
by a
stranger.
The
as-
man
did not
feel
is
certainly unfounded.
will
her
children
clearly
sins
of the people,
and
its
her adultery
is
not followed by
band
to
whom
wedded;
in
considered
beforehand
her physical
who,
though
l>\
.i
Stranger,
All
will
is
inherit
her
husband's
the
Fi
this
stressed
that
all
as against
the
la
Childless
/
n
IS,
woman
1895,
121.
SIN
AND ATONEMENT
for
IN
BEN SIRA
BUCHLER
467
and sinned
was a
most
gation and the death sentence. her excuse, her children for
will
whom
God.
Both
sins,
immorality, are
in-
less grave,
quiry
it
and
to test
by everyone
if
necessary to
examine,
here.
only briefly,
the
social
offences
mentioned
First,
(3.
..
says
10):
(11)
in
father.
And
a mother
in
dishonour
a reproach
to her children.
age.
.
(12)
My
(14) for
shall
be added to build
thee up.
(15)
In
the
day
of
thine affliction
He
shall
remember
also melt
upon
ice,
away.
(16)
He
cursed
emphasized as
On
to carry
them
out, though
sin, is
God
How
is
the
unnatural
his
father's
to be accounted for
appears that
66
in
view such
The
idea
his
is
blasphemeth
Maker; and
Whoso mocketh
Maker
468
disrespect extended
old
persons generally. 57
And
it
seems that,
necessitated
in
failing of his
For
fail
the
same context
thy
"And
if
he
in
him not
strength".
Was
it
vigor
manhood, or was
it
useless wasters in
human
society?
Is it
Was
in
Sirach the
from
his father's
law
and
and
in his
boasted progress,
his parents?
even ridiculed
In
his father
is
any
one against
God who
in
the Deca(3.
logue
commanded
its
to
6).
For
observance
life;
God promised
in
tension of
that
is,
numerous
by a grave
he
will
illness sent
by
will
to die therefrom,
be spared,
life
For
remember
.md Btop
t<>
to
and sustenblot
father,
and He
It
will
oul
punishment.
is
ness has
take
ii -
order to teach
l>\
honoui nol
man
In nil
old
re
waxing
old.
SIN
AND ATONEMENT
l\
BEN SIRA
BUCHLER
God
469
in his
of the punishment.
But
tin-
when the
of
the illness
is
reduced.
(3. 3):
This principle
is
taught
in
the
same
chapter again
"He
make atonement
to his
for sins:
mother
is
Whoso
and
right
honoureth
in
have joy of
his children;
the
day
The
sin, as
11):
is full
of
compassion
in
and saveth
time of
When
such a
man
God, so
to speak, performs
sion
two
first
distinct actions:
His compas-
and mercy He
as a consideraof his
by that
58
He
lifts
the calamity
itself.
About that
merit
of honoring
(3. 3)
Dr. Oesterky
annulling sin;
for
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
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,
He shared
470
the
New Testament
it is
only Christ
:
who
we
by
effected
man". The
three conceptions
and the
facts
me
and
first
The
of
atonement
in
approach to
If
God and
Him.
man
stole,
fellow-man's goods, the admission of his guilt, the restoration of the property,
fifth of its
of a
was concerned.
Then
God
in
Temple
court,
forfeited
5.20-26).
As the Jew, as a
Temple only
three
times during the year, and even then did not offer atoning sacrifices,
So already Prov.
16. 6 teaches:
Iniquity
is
many
truly
all
and strongly
Judaism.
Similarly
honest dealings,
the sick,
the comforting of
SIN
AND ATONEMENT
IN
BEN SIRA
BUCHLER
all
471
those
Temple
R. Johanan
Zakkai declared to
his
despairing disciple
Joshua
b.
though
for
16. 6.
Jesus
held the
to salvation; 60
God who
for-
sacrificial
atonemet,
As
to Sirach's
effect
re-
not sufficient to
(3.1 Off), as
such a negative
And
is
a sin
them
is
is
a merit that
Such reward
expressed as the
atonement of
sin,
prolongation of
life,
of prayer;
and
8,
12. 62
Again Dr.
in
discovering
it.
about the
rVD-Q
latter.
reads:
It is
hi
~\\XW
may.
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
472
is
Ages.
is
Whether he used
"lONa
in
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
to excite suspicion
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.
Bible
twi3
used
in
BTFOn
N~ipy
and not
and, as
mam
63
sufficiently suspect,
its
commentators point
is
out,
to a retranslation of
full
some version
into
Hebrew.
As the
in
the
is
difficult "ptpya in
17 suggests, the
Hebrew
text here
The examination
various kinds
lias
of Sirach's statements
about
sins of
shown
wrongs done
think, justi-
to the fellow-man;
fied in
and on that
we
are,
assuming
with-
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
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
gold",
appealing
for
honest
it
business.
if
They acquired
gathered
in
only
it
was
they
will
not be urged
on by cupidity to future
that such a
for he
man
will
among
his people,
mit any:
gation
will
publicly
Sirach
"A
merchant
Many
have sinned
and he that seeketh to multiply eye away. (2) A nail will stick fast
sin will
rub
itself
in
(5)
diligently in the fear of the Lord, his house shall soon be overthrown. " As the whole group of verses clearly
shows,
it is
women
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-
as a
What
turning
an indifferent thing,
implies
way
after
wealth
away
the
eye. 66
Again
(42.1):
"Of
s
stood the
66
Hebrew HplX.
suggests, the
474
(3)
Of reckoning with
a partner
and with
travellers (?);
and
of
getting
(7)
much or little;
in
merchants.
be by number be
in
This
is
mind the
slightest,
even uncon-
any person
the divis-
with
whom
who
sell
all
goods,
matters
fear of being
The wording
clear.
of the
whole passage
is
not everywhere
Eders~Q"J "?y
What
is
mNl ~nn
last
word
is
a corruption of
connexion,
is
riN:
be not ashamed
in a
in all
Un-
those verses
is
is
missing.
The Hebrew ?y
Es
ist
interpreted
by Smend:
falsche
sei
(it
is
false superiority
in
guest as to
who
he
is);
In v. 3
the Creek
rtoce^s K\-qpouofjila<:
iraipuv or erepoju
seems
to
mean:
when brothers
distribute between
them
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
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
d"?si D'jrxo
^y,
and
an additional verse:
Trraa
oyo"7
\*2
rape hy
"in -odd.
line,
or the
line.
Hebrew
seems to advise
the wealthy
man who
it,
would
is
The punishment
of the dishonest
man
is
measure
for
measure:
it
of building
up by wealth. 67
of
them
is
Pride
is
hateful
before
ness
men; and
.
err 68
(8)
Sovereignty
transferred
from nation
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
greed of money.
a
when
departed
him.
(13)
sin;
will
omination."
in
v.
7
between 'violence'
6.8
makes
it
clear that
some
special
meaning;
u/3pts
and inreprnpapia
IUKI,
a provocation of
God (Num.
15.
30);
even of nations.
is
for
some
wrong experienced
sinful actions:
it
and
it
produces
exhibits presumption
against God.
The
man whom
for
avenging himself on
his neighbor;
and
to satisfy his
noteworthy point
Sirach's re-
sets the
fellow-man and
to
its
realization
by action
in direct relation
God
as an
offence
and provocation.
his
The
sinner
is
own accord
of his presumpt-
Of
different
attitude
is
demanded,
are
God-fearing
in
their
practical
in
life.
(3.
17):
"My
son, go on with
thy business
meekness;
(IS)
so shalt
The
greater
find
(20)
For great
is
...id,
and He
is
glorified ol
them
(21
s ek
<
SIN
AND ATONEMENT
IN
HEN SIKA
BL'( III.KR
477
and search
(22)
not
out
The
(23)
things
commanded
Be not
For
over busy
in
for
many
evil
surmising
to
The man
whom
official
not indicated; by
meek conduct
the favor
of of
it
God who
this
is
is
glorified
by
the
de-
The
full
high
level
practical
instruction
serves
recognition, as
standard.
God gave
time, as a
to the
same
book
for
Torah,
among
of the secrets of the creation of the universe, the origin of sin, God's providence
their
man
can
more
difficult
philosophical
God,
may
sin.
What
men
in
suggests, that
Hellenistic
literary products
which did
478
not halt
in
and dazzling
for the
may have
ity
is
God
Torah, for
He knows
failings,
what
is
good
for
number
of passages in
which he reverts to
sufficient
is
the
way
in
wrong done
ment
inflicted
by God
"Their
are
their sins
before
the
Lord."
As shown above,
"Deliver him that
adiKia
and
aoiKioo invariably
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
/.
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
...
WB
SIN
AND ATONEMENT
IN
BEN SIRA
BUCHLEK
479
(13)
The goods
is
of the unjust
in rain
be dried up
like
shall
go
Here adiKia
explained by xpr\iiara
is
abinoov;
dis-
And
2)
when thou
prayest.
(2)
(7.
1)
Do no
evil,
so shall no evil
it
overtake thee.
shall turn
My
is
son,
and thou
them
sevenfold.
8)
Sovereignty
money.
soul. 72
(14. 9)
And
injustice of the
Mount
Sinai
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
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
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
undoubtedly worthy of
in
the law
man towards
his neighbor,
that
right action.
all
the deeds
to
whether good or
evil,
are fully
known
will
God;
"With
Him
the alms of
of a
man
is
as a signet;
and He
keep the
bounty
man
The connection
in
by men, He, as
the
his parents,
and charity
to
punishment
He
considers favor-
IV. Six
and Righteousness.
is
The
more
effect of
stated
and almsgiving
d/JLaprlas.
of
"Water will quench a flaming fire, make atonement for sins, e^tXdcrerat
is
(31)
He
mindful
and
in
in
falling
As
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-
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
deed
is
measured by
its
is
Again he says
(29. 8),
Howbeil
let
with a
man
in
him
the
for
commandment's
not
empty away.
let
for a brother
and
lost.
a friend; and
(11)
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
enemy
spear. 76 (29.1)
He
(2)
Lend
to thy neighbor
in
due season." In
self to
in
the
man
of
means who
is
more
helpful,
momentary needs
in
in
ment
some
iri'~ntO.
Deut.
15.
8,
even
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
Bounty
is
forever.
482
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
sacrifice
by reminding
his law-abiding,
in
commandment
Lev.
Even a loan
in
in
need,
another
reference to the
commandment
help,
in
Having
"There
evil,
Sirach proceeds
3):
clear
him by God,
refuse;
if
to
is
lines
1-4),
and
man
to curse
he curse thee
will
He
that
made him
The
cry
God
is
accompanied by a curse
out
effect.
77
may
a few
words be
12.
wording
in
the original of
3 just
quoted?
retranslation of the
Greek would
the
suggest
npT3
pn
nrcy
"UTn'ti
n ? instead of which
1
Hebrew has
nV npuc
Dai
yen
nwh
Ttsm
\*.
All
Smend and
"
Hebrew with
the Greek
.'"
and above.
SIX
AND ATONEMENT
As
the
IN
BEN SIRA
BUCHLER
the
483
have so
version
far failed.
employs
evdeXexys,
adverb
eu8e\ex^
it
times.
As LXX. translated by
the
common Tan,
it
it is
not probable that the Greek translator of the should have failed to recognize the familiar
meaning.
On
;
ed a verb and
if
thought
of.
noun
"ronn or
mann which
Consequentfre-
just as
unknown
employment
of
some other
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
have chosen
perhaps use
different
translation.
Did the
original
Tim
which
is
found
in
an unverified quotation
another unknown
"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):
Ton
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
t>h
njmNi
'ntutf
hate,
and four
like not:
8.4.
a prince
who
is
Cf. also
Hebrew on
484
Smend
Greek.
familiar
it
terpretation to
and
a
it
that
HP', 80
the
or
original
contained
different
word,
(37.
is
perhaps,
Again
18):
"And
b'bz
them continually
the tongue"
appears
in
Hebrew
is
the
word
as an adverb
"Be not continually, evdeXex^e, with a harp playing woman, lest haply thou be caught by her attempts," if
In 9. 4.
3BT
Now Hebrew
rrmp^a -&br\
of an
If
]S
-rnDn
rvfl'BD
ny, 82
unknown
Yad.
TID
of the
TtP
meaning:
to be familiar,
addition to the
biblical
rabbinic or
Pi'el
~t
M D,
were at
all
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):
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,
a7ro\eo"xet
irX-qdei
wpea-
fivripcav,
how could
meaning
it
of the otherwise
unknown
Pi'el;
root?
Peters
emends
and Smend
i
i-
improbable that
eflffe/tyi
<
<>r
Np'ix
.,^
!'>
HRH
I.
should be the
<>f
Syrohex.
I
the rendering
tnra.
Traj)
"V"
U)j)
'JDD,
Baraitha
la
top,
tion In
l
20
>nnn
,>t
KW wndib
'D'3 ioy
-
texl
an exa<
tly
ori'Tjthi.t
lomed
-':-.-\x
mil Dy.
SIX
to
talk,
AND ATONEMENT
IN
BEN SIRA
BUCHLER
it
485
in
Syriac.
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
leaves
no doubt
my mind
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
for. 84
But.
possible, another
frequent and.
in-
Again we
of
find kvbekex'i^^v
(27. 12):
"Among men
As
the
in
void
understanding
observe
to
the
opportunity."
Syriac has:
"There
is
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
be the
rendering of
7nn,
as in 37. 12.
And
"There
shall
no good come to
"to him that
the
totally
to
do
offers
Whether
this
be vocalized
mo
for
or
rT3D, it
lying
the
Greek. 85
in Syriac.
'honoring'
83
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
<
and Smend.
In 30.
nm,
renew
his rods,
rW
486
The
by Sirach upon
15):
his law-
abiding followers
whom
is
especially humility,
forcibly
expounded
(2.
"They
that fear
that fear the Lord will not disobey His words; and they
that love
Him
be
will
(16)
They
the Lord will seek His good pleasure; and they that love
Him
Lord
shall
will
filled
(17)
They
We
hands
of
men:
for as His
majesty
is,
so also
If
may
be taken
strictly,
the
is
explained above,
in the
obedience to His
words
10.
embodied
12:
Torah.
"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
all
commandments of the Lord, and His statutes, which command thee this day!" 87 Whether Sirach meant
life
lived
life
should follow
to every
God
is
not evident.
obtain His
By obeying
fearing seek to
pleasure, as in
Prov.
3.
4:
("By
favour
that he
for
the sight of
not say
working
for
there
any foundation
fine
Dr.
Ocslerky's and
other scholars'
distinction
All actions
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:
bumble
thyteli
t.mi favoui
before the
ord
"
li
hu-
SIN
AND ATONEMENT
IN
BEN SIKA
BL'CHI.EK
487
of
man
will
and
his
heart.
heart.
The meaning
parallel
2.
1
:
made
clear
by the
and by
ne:
"and humble
son,
if
"My
time of
As
will
mind
for the
days of
trial
by
and humiliation:
to that of
only he
who
to
submit
God
when He
(6.
tries
him by
visitation.
The same
in
is
stated again
37):
His commandments:
desire of
He
shall
and thy
the
wisdom
is
shall
be
If
not expressed
the Greek
is
correct
and not
his consistent
God
him
wisdom
desired.
The observance
giveth heed to the
in
= 35.
24):
"He
commandment; and he
loss.
(33
= 36.1) There
no
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
He
deliver him.
is
(2)
man
is
will
a hypocrite
therein
will
as a ship in a storm.
in the law;
A man
of understanding
is
faithful
unto
him, as when one asketh at the oracle. " These four verses
emphasize the
effect of the
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-
so that,
when he
in daily life is
by
religious or
doubts, and
direct
The
hypocrite in similar
difficulties
observes
it
con-
sequently he
the obedient
When
helped
man
assailed
;
by temptations, he
trains
is
by God and
will
and steadies
moment
\hv Lord
only,
the fear of
in
law; but
its effecl
on man's soul
is
is
"The
and
shall
fear ol the
Lord
a crown
delighl
of
rejoicing.
The
fear
of
the Lord
the
heart
and
(13)
length of days
well with
!><
Whoso
shall
go
him
at
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
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
faithful
womb."
synonyms
19.8,9,
the
effects of
soul.
Hi-
three
man by
Consequently glory
later,
outward
91
God
is,
however,
21):
in
some
respects
at
in
not
free
from reproach
(11.
"Marvel not
the
thy
is
an easy thing
to
is
Lord
swiftly on the
sudden
make
a poor
man
rich.
(22)
The
blessing of the
Lord
in
(23)
Say
not,
shall
my
(24)
Say
have
sufficient,
there
and
in the
day
of
evil things a
man
is
will
(26)
For
it
an easy thing
in the
Lord to
reward a
(27)
man
in
day
of
The
affliction
delight;
and
man
is
the revelation of
his deeds.
(28) Call
no
man
1
and
man
shall
be known
in his
;
children."
it
As
in
Mai. 3.14,
of
Ps. 37
and
23. 17,
the
obedient
man
at
worldly
still
1-8.
490
in
God and
and His
blessing.
Sirach urges
them
if
man
but
v.
who
so
enjoying a happy
life,
punishment; and
feel it
all
the
many
life-
Correspondingly we
memory
of which
is
vanish,
when
granted to him.
man and
is
therefore
v.
Consequently
24
his
who throughout
it is
the state-
ment
wicked who, as
sessions.
On
23
man who no
is
What
the
his
in
his
occupation was
epya
him
to stick to
work and
wax
old in
it.
prompted him
15):
up a new
one.
The warning
esl
-
(7.
"Hate not
laborious work,
soil,
pious
againsl
Bin.
undertaking
Hut wh.it
is
many
kinds of things, as
they lead to
Btedfasl
in
"Be
line
wax
old in
SIX
AND ATONEMENT
IN
BEN SIRA
BUCHLER
4'M
NmiN; but how did the word come to that otherwise un-
known meaning?
not
sit
It
"They
shall
He gave unto
in the
him (Aaron)
in
covenant of judgements;
will
12)
Remember
that death
is
not
Who
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
to see
why
by
and
8ia6r]K7].
Or did
meaning?
this
word have
some
special
Syriac renders
in 14. 12
by mn,
it is
demands a word
Perhaps
not suitable.
was
nWDMt,
which would
fit
in 38.
from 1N and
rDTOK;
so that
in
mn
and
niJOlN
respectively
the original.
man
it
was
in
endangered
right.
(4.7):
"Get
thyself the
head.
(8)
meekness.
of
giving judgement.
Be
and instead
of a
husband
Mosl
He
492
As
in
can
see, the
recognition which
fully deserves.
The
highest goal of
the good
man
within the
orphan and the widow, and delivers the wronged from the
violent oppressor: 92
God becomes
his
so,
is
not evident at
sight;
is
Whatever the
For avvaywyi]
it,
not
but, as in the
18; 46.
14;
16.
6;
21.
9,
it
an
official
com-
plaint of the
him.
The same
unmistakably meant
in 41.
18:
"Of
in
Prov.
5.
14.
The man
when member
ad-
of such a judging
that,
a poor
man
listen
it,
every
should
to
in
and speak
to
whom
.ind
of the
wealthy wrongdoer
sembly.
We
in
cedure
thai
''i.
eemi
l.
to i" 17
an
<
rron
with
the
ai
usative
in
"i
the
ix-r-
tuoSn
23
OH
i
mind:
take
up
the-
.in-'-
ni
the fathi
Only
in 24
when Deut.
4b
ia
quo
"Snp.
SIN
AND ATONEMENT
IX
193
here held
in
the assembly a
is
7);
borne out
great
and supplemented by
33. 18
= 30.
27:
"Hear me, ye
ears,
ol
men
of the people,
ye rulers
7]yov^VOL
of the congregation,
\aov nai
eKnXrjaias.
And
in
shall
and
The
fear of
naturally finds
is
of
the hypocrite
per-
assembly, he appears
before them with grandiloquent boasts that impress them, till at last, when his hypocrisy is revealed, he brings dis-
is
in
the presence of
all
the
mem-
down from
in
his pedestal.
edly not
for the
unmasking
proper place.
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
"They
be sought for
in
and
in
mount on
494
shall
neither
shall
of
member
of the judicial
assembly above
his fellow-
members, through
his activities, as in 4. 7:
"Get
thyself the
is
placed next to
"The
man
shall
be glorified."
To him
the
member
who
is
may
or
may
As an
may
order to submit
of
for
of
grave
crimes.
states,
In
he reports,
and the
"When he had brought who were accused barber who accused them,
the people, to TrXfjdos,
all;
them by throwing
at
im n
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
demanded
people
they
many
in
others
be
accused,
the
asked
him
caught
rest.
The king
who had
let
handed over to
his
down by ropes, as also who had been caught he attendants for execution". Now,
themselves
sent
"The King
them
in fetters to Jericho,
and
Jews";
up
to their sentence.
On
those
them by
when
kill
a sim-
Though
and
its
and
in
it
I
Kings
21. 9,12,
Deut.
13.
10, Jer/26.
executioners,
it is
he
presupposes that
in
their carelessness
and
some
of
of immorality
degree.
"
list
warnings which
I,
Antiquit.
160.
Antiquit.
4'>4.
496
at once
and
d'fficult.
It
"Be ashamed
lie
whoredom
before
a prince
an offence before a
and a
friend;
and of theft
journest,
and
in
covenant".
loose,
a moral offence,
immoral acts:
the offence
before a
were
liable to
punishment,
in
no case bring
it is
As
by a
court,
and nobody
is
can
call
the
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.
the
rjyoi'fxevos
would have
appear before
kplttjs Kal
apx^v,
As only grave
the
last
offences
seem
to
before
authority,
myi hnp
14),
the- four
transgressions
in
in
enumerated here
appear
to
be arranged by Sirach
an ascending order
defining
may
be helpful
them and
in
A>
to
untruth
speech,
a foul
of the
"A
the
lie is
man:
it
be continually
thirl
is
in
mouth
uneducated
(25)
better than a
man
that
is
In
disposition of
.i
liar i^
SIX
AND ATONEMENT
IX
BEN SIRA
is
BUCHLER
will
497
is
due to
it
his ignorance
of the Torah,
adhere to his
considered the
liar to
101
in
the lower
(25. 2):
"Three
men)
life:
my
soul hateth,
and
is
am
greatly offended
at their
a poor
man
12)
that
man
thy
that
is
liar,
an adulterer lacking
lie
understanding.
Devise not a
against
(13)
Love not
is
of
lie;
for the
custom thereof
shall
not
her
far
(15,
7)
Foolish
shall
men
not obtain
(8)
(wisdom)
She
(9)
is
from pride;
is
liars shall
Praise
not comely
the
mouth
in spite of Sirach's
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.
with yxpi
mi
3.
1,9.
What
kind of
DS1P1 "UP
offence TrXr^/i^eXeta
100
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
4.
The
Koeberle. Suetide und Gnade, 446ff. last line reads in the Hebrew 3yjn
NT*
tvbtktxiaiJ-bs. Syriac
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
498
(Ex.
2.
Mich.
7.
3)
is
very
it
difficult to establish;
and
if
would be a great
with the
help,
the
exact
Hebrew equivalents
is
When
and gravest
crime which
of the
list is
reached, Sirach in a
new
list
groups together
The
first is
dishonesty between
known.
which
is
brought
before the court of the town where the thief lives, and so
his
disgrace.
In
connection
awo
are undoubtedly a mistranslation, as after theft a graver crime against the fellow-man,
we should expect
Hebrew
wrong
as
rr?N
By
deov
the
translation of the
word
n"?N
God, instead
of n^N
two
cnrb
\i}8r]s,
forgetting,
supported by
To
terance of God's
name
in
"Accustom
tomed
"
(18):
not
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
li
ai
translation into
Hebrew
ol
an
earlier
original.
SIN
AND
is
A TONEMEN
1\
BEN SIRA
BUCHLEK
199
servanl thai
be cleansed from
filled
sin
A man
of
many
oaths
be
sin shall
be
if
he disregard
in
he hath sworn
for his
house shall be
filled
with calamities."
It
is
not
it
11
First
it
should be
noted that the Torah not only does not prohibit, but does not
even object
it
to,
name
in oaths, as
long as
10.
And
Deut.
20
expressly
of
commands
as opposed
it
name
the
God,
heathen
deities, 104
to affirm
truth;
19. 12.
otherwise
Deut.
5.
11,
name
in vain,
meaning
it
npr N ?
1
'3.
As Sirach seems
to
have imitated
it
in
his
pyo
np3' t*b
(Num.
5.
31),
it
was
referring to the
same
sinful
"The
talk of a
man
many
of
oaths
will
make
the
his
and
or
their strife
ears."
When men
women
they not only abuse each other, but swear at each other
for
oath-
Num.
30. 3:
"When
man voweth
his soul
if
vow unto
in
with a bond,
(11)
And
woman vowed
name
of
Am.
8. 14,
As already Smend suggested, the Hebrew word was probably DIP T3H, as in Ex. 23. i. Am. 6. 10.
'.
God
500
(14)
to afflict the
probably meant
his lips to
in
Lev. 5.4:
"Or
if
do
evil or to
do good,
man
with an oath,
it,
and
if
it
As
in
Sirach
all
the
that
is
after
the utterance of
it,
the verses
some
have dealt
fre-
Also the
is
best under-
he hath sinned
a grave sin
by which the
original undertaking
is
retro-
occasionally transgresses
on him. 106
If
he
swore
in
voluntary vow, he
and
his
house
will
be
filled
with calamities.
The
(18.
vows
is
referred to again
19):
(20)
Before judgement
examine
thyself;
and
(21)
in
find forgiveness.
Humble
vow
in
and
in
tli<
until
death to be
i
justified.
(23)
makesl
.i
vow,
i
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
man
be)
in
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
by mistake.
waring of
sin,
by
be-
7r\r]jj.fj.e'\La.
to
represent
his sin,
he should
Before
God
by
spect and examine himself, and having found his misdeed re-
pent of
it;
then he
108
will,
find forgiveness.
reduces
it;
as he
is
never conscious of
is
he de-
elicit
is
To judge
from
man, when
in
serious
in
trouble
in
suffering
in
sickness, turned to
to
obedience
vow.
discountenanced
in distress,
vows
lightly
uttered,
as
such were
107
made
and looked
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
gression.
los
s ee above.
502
to
tempting Him.
Only
is
it
if
proper mental
vow,
it
justified;
without
it
sin.
But once
109
its
fulfilment
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
less
new
conjugation.
is
is
pi" el,
Mishnic
nit-
pa" el
lology
in several
The most
dal
and
daldal,
"to hang,"
and
u, as well
it is
as a.
have arisen,
by the blending
of
two
army
of
weak
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
already familiar to
e.g.,
who
call
it
Mischbildung,
Eng. slosh
slushXwash: slush
= slime
Xmush.
In
modern Arabic,
less
strong
number
of quadriliteral stems
now
in use,
though
entirely
unknown
Even
in classical
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
= bahha,
In As-
pardsu, fly"
parftdu, "flee."
Once the
504
began.
is,
in
most
weak stem,
basic
or group of
meaning
in
common, has
The task
of interpreting
is,
which
that morphological and paradigmatic contamination has gone on extensively in every Semitic language with
More-
over, in
their
quota of embarrassment.
is
As
well-known, there
is
sive, or
which shows
This
is
itself in all
the
due to the
fact that
tongues.
in
in
in fact, is properly
This
is
again
By
triliterals, y"y,
are abstracted
The
assured by the fact that the pilpels in which there has been retro-
new
all
(cf.
of conjuga-
not exclusively,
appear.
in
Hebrew the
ht
(originally a
hitbalbel.
find the n-
reflexive
ngsgs, nsrsr.
The same
true of Ethiopic
antabtdba, angar-
form
which
Hebrew vippa"<i:
e.g.,
uagarruru,
from
grr,
and
nif'al of the
pi" el.
in a
In Assyrian
peculiar way,
ALBRIGHT
*naqalpa
505
(qlp), nabaltu,
"stretch"
This
is
and napar'sudu
(prsd;
(mn) "rejoice"
is
"be
Jerusalem.
Albright.
We
are
in
classics,
and we should
be grateful
for
made
to bring
some
of
manuscript
alcove
The workers
the scholar
skill of
abundant and no
we have
there-
foundations, the Rev. Professor H. Golto continue his industrious labors to our classics.
is
a collection
and maxims
its
it
in
metrical form,
our attention on
own account
problems which
known
kind.
litterateur
"are
brings in
its trail.
"Proverbs"
remarked
a well-
to posterity.
man-
They
likes to
decorate
itself.
They
all
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
of literature
works
of a purely
erature.
425-
we have
13,
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
which
is
of Religious Fear) from MSS. in the British notes by Herman Gollani /. M. A D. Lit 1919. 8pp. XX. 125. 7. 87 507
.
508
and ms'^Dn T3S
is
therefore a
welcome
literature.
Unlike the other books, however, the Shekel practically adds nothing
new
The author
originality.
He
some
in
Hebrew
them
one of
and some
in Arabic,
of putting
in
in a metrical garb.
the
that his
note
5).
The
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
is
an open
Some
of us
would very
is
cer-
an interesting contribution.
Be
this as
it
may,
it
brings with
it
in its original
Arabic form was the work of Gabirol or not and whether the Hebrew
translation
is
Until
now
the
in
Kimhi (according
all
to
MS. B
alluded
to above), which
remained
unnoticed by
this
Jewish scholars
who
made
Upon
IV VIII), but he comes to no better conclusion than that "as the once
Solomon Ibn Gabirol, who since then has enjoyed the reputation
may
honour
But
it
(at all
events
in part)
pp. X-XI).
the dependence of the Shekel upon the Mibhar has been proved to be
true, there
ifl
scription,
and
i
it-
Hebrew
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
"
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
to
know
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).
friend of Joseph
Kimhi there
of Ibn
is
a likelihood that
translation.
Tibbon
's
In regard to the
method
am
He
MS.
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
sible,
corrections.
in
one part of
still
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
it
and the
notes.
I
have much
spirit of
praise.
reproducing the
as possible.
is
The language
is
clear, concise, in a
and correct as
before us.
This compensates,
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
introduction, pp.
readings.
XVI-XVIII) and
editor, however,
in
many
to
The
Ep-
penstein's emendations
and corrections
Kimhi' s commentary on
VI,
for
these
has
left
much
that
is
to be
510
desired.
all
the
MSS.
owing
control,
Weill has
MS.
designated below as
MS. C.
done
is
There
constructed according to
its
name own
Shekel implies.
particular rhyme.
Again,
If
it is
self-evident
numbering
of the stanzas.
this point
give here a
list
Chap.
I,
Xo.
la:
cbwb
'3$
is
0^'tP.
4b:
6c:
as in
MS. B
is
Rhyme and
new
stanza.
8b:
10c:
Metre requires
instead of 1VN1.
that this
is
the begin-
new
J.
stanza.
The
correct reading as
to
by
Weill according
MS. C (REJ.,
vol. 70, p.
119)
shows that
14c:
be a new stanza.
It
is
??
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:
not found
MS. A
or
('.
This couplet as
rupt.
stands
it
now
is
hopelessly corin
H\ comparing
<>f
the
which
a metrical ver-
venture
t<>
reconstrucl
as follows:
Iny^tprn
---I--ft
-in?
ny^io
-iptp>
-.-",
-:.-
mritf in
.vwji
JOSEPH KIMHI
The passage
-ONn
in
'S
" SHEKEL
HAKODESH "
no ?! Dun
1
DAVIDSON
511
PlTl
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
With reference
to
I's.
46.
(KTJ N ?
TDnn)
it
fairly
|B of the Mibfyir.
As
the
to the
meaning
commentator
This,
in
Cremona
is
edition says:
'mump HDO
however,
Fortunately
commentary on Proverbs
D'DDn
(npin 1BD,
p.
1.
13
n3T
riKB IN
1
TOl!? IN
D'yenn
-J-rtO "HOT
-noi
MS. Munich
reads:
D'yann i~no
suggests to
craan
"m
This
me
D'V^"J
inpi
26a:
Read njnn
"?8.
in
MS.
B.
Read
N3ROin
MS.
B. or u:.
As
it
in this
couplet
is
corrupt.
The
given
in
Asher's edition of
the Mih/uir
is
sion
Shekel which
identical
with
MS.
B.
used by
Will
I
Mihhar,
p.
XX
II,
10
note a).
|
nn
This version
reads:
Ioipo
nrriD rrn
-py
^a
'?
ds
nriN
4()a:
oya
binj 'nn
of 3 ?.
1
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:
as in
MS.
Hft
B.
as in
MS.
B.
512
Read
TTIDnri.
VW\ T3|
as in
MS.
C.
Rhyme and
of a
new
stanza
The number
made
in the
remaining
same
principle,
is
sufficient for'
our purpose.
be hoped that
Dukes and
Luzshall
Edelman
for his
models but
modern
disciples,
and then we
be thankful to him for his industry and zeal and his untiring de-
Israel Davidson.
Jewish Theological Seminary of America.
ILLUSTRATED HAGGADAHS
The
Hebrew
Passover Haggadah
books.
is
Wiener
in
enumerates over
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
of information on illuminated
Haggadah MSS.
The
and
Kaufmann, Schwab
The
Schlosser, Die
Haggadah von
German
illuminated
Haggadah MSS.
From
the
Jaknehas (map*,
the formula for the arrangement of the blessings of the Kiddush) with
German
influence in the
Haggadah
some
is
also
shown
the inclusion of a
Judeo-German
translation of
of the songs at
considerable
number
of illustrations from
Mantua
in
Hermann's Chad-Gadja.
Zlocisti's essay
on the "Pessach-Haggadah"
on the subject of the
in
illustrations.
The same
Man-
April 1904,
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
rere-
few
marks on
ornamental
letters
(toy HOrb)
H7l,
THD
are
same
printer, Soncino,
had used
in
Mahzor
the
same
ornamental
Haggadah.
513
'
514
In 1512
Haggadah
very un-
in
various poses,
all
The
first
This Haggadah
1550 which
is
some additional
illuminated
pictorial material.
The next
Haggadah known
to me, that of
Mantua
It
copy
is
extant.
it
glance at
clearly
its
it
hand
The
is
Mantua
in
and
sometimes without
The
fig-
Haggadah
are re-
peated in the latter part where, having no relation to the text, they
The same
there
1
Haggadah
of
Mantua
new
title
is filled
1 1 1
r\
of the editor,
<>f
Padua.
making
it
more
evi-
dent
Bons.
how
tin-
same picture
the
i-
Thus
Recently
Bame
<>i
cut,
based
<>n
many
Ibli
thi
illustrations ol
I
general])
aca
In
iraaUei
Dr.
Band
iltuik
tin
I:
DU
Prat**
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
is
that of 1560),
The borders
we
much used
new
a few
illustrations representing
in
Mantua Hagnew
cuts.
Some
five
of these
Haggadahs
also
have before
me
An
entirely
new
set of illuminations
in
meets us
in
itions of the
Haggadah beginning
According to the
translation.
their author
title
figures
we have here
number
only natural
that Zifroni could not free himself entirely from the influence of the
earlier pictures
in traditional
We
therefore find
some
re-
peated again and again; we find them, for instance, in the reprint of
Venice 1740.
Many
of
in the
copper plates
il-
Amsterdam Haggadah
set of
of 1712
in
Amsterdam
on
Haggadah
of 1695 3
famous
map
of Palestine
territories of
Abraham ben
Jacob.
in
This engraver
(see
is
both editions
Da
Rosa,
lets
over den
p. 18).
Amsterdam' schen
Opperrabbijn
of the 1712
Isaac Aboab,
Amsterdam,
1913,
The
pictures
of
e.g. in a
Vienna
Haggadah
cannot
1823.
of the
Whether there
any
relation
Amsterdam
is
me
tell.
There
XIX
century which
tries to
its
whole make-
up.
3
mean
the edition of
Abraham
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
translation.
initials.
This edition
is
printed
in
beau-
While many
of its
illustrations are
somewhat
original
to our
idea
make
among
its
contemporaries.
Haggadah.
The few
facts
mentioned
revealed
themselves
to
me
make
all
it
would be necessary
examine
the illustrated
Haggadah
editions.
The
various editions
illus-
of the
works
which
may
ance of two works which intend to put before us new Haggadahs with
modern
illustrations.
show a
In
distinct
spirit,
The
in
however,
is
very different
in
Eisenstein's
Haggadah 4 the
harmony
too strongly of caricatures and lack the nobility and spirituality and
the Oriental background of the historical facts.
in
is
The Haggadah
every word of the
lects those points
illustrations of
Budko 5
of a real artist
in
who
Haggadah
who
se-
which appeal to
a
and
tries to give
them expression
of the mosl
in
way which
in
is
important event
the pictures
we
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
Hebrew)
Authoritative
-
'
( i
517
which have
The
of their pupils.
On
another page
we
moj? K'm.
We
desolate wilderness, a
centuries.
contains
many
beautiful initials,
them simple
many
They
are a
little
better in the
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
Which
The
edition
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
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
is
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,
XI, 209.
Instead of
Haggadah
two
versions one speaking of trs'D ,DJn and blttvb JHV irtw, the other of
later
Daiches, O'DDn ?
->yi rV3,
Xo.
I,
p.
13-16
and
MSS.
of the
Haggadah.
iiber
No
notice
is
taken of the
many
fine
remarks
in
Lewy's Vortrag
518
das
Ritual
des
inconvenient
refer.
The Haggadah
is
Lola's illustrations.
As a second
taries
commenthough
on the
Haggadah
editions.
(p. 61-131)
their
complete text
from
old,
not always
of
first
He
Commentary
Abravanel
On account
merely
in extracts
Commentary
of the
editor constructed
on
that
Haggadah
of Vilna, 1886;
Elijah
Wilna
refers
on
it
p. 19 of his
Q'^ys 31.
bj, p. 143-47,
prototype
D"n nimN.
The
identification of the
bj with the
books
impossible as
in
of the latter
Oxford and
our Seminary.
we
get the
Commentary
p. 166-
of Zedekiah
Anaw
Loewe ben
Bezalel's
and XLIVIII-XLX,
The
later
Haggadahs
com-
we
get the
p. 291-299
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
on Had-Gadya.
on
We
is
Psalm 115
not
the
<
laon.
The
third
part
(p.
$17-346)
contains short
articles on
in
Egypt,
reference to
Passover and
very
short
description
of
the Samaritan
Passover.
brief interpretation ol
The
is
selections
<>i
commentaries can
be
approved
of.
a<
It
useful
in
and convenient
instead
<>t
ible
full
in
the arbitrary
some
irresponsible
ILLUSTRATED HAGGADAHS
publisher.
MARX
519
volume
The
the few other older commentaries which have been printed, those ascribed
to Rashi,
of Seville,
all
of
which appeared
in
the
Haggadah DHtP'
HE),
little
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
but also various essays and short stories centering around the Haggadah
of
the
Passover eve.
the translation of the respective passages
Zlocisti's
above-mentioned essay.
We
the
Caucasus and
in
Yemen
as well as
The
for
pert's
it
seventy years ago while the translation from Shebet Yehudah deals
in
Jerusalem
in
the
Roman
period.
concluding
us
down
own
times.
Peretz,
sketches
Bialik
by Mendele,
poem of
add
The
illustrations
p.
219-221.
best
The book
of the word,
is
very
well
written,
popular
in
in
the
sense
Chanukkah-buck,
appeared
The appearance
cellence
of
many more
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 "
It is
comprehensive,
it
deals
and
the
first
masterly attempt to
make
Ancient
Israel.
all
Almost
omit the
make only
I
brief
mention of the
To
".
refer to
in
Monroe's "History of
'
Education
is
widely used
and
it
in colleges,
makes no mention
tion.
The reason
present volume
for this
unpardonable neglect
is
is
due to the
fact that
The
the
first
attempt to give,
in
volume
is
so the
ously created or evolved the major portion of our religious and moral
heritage.
One nation
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,
Christendom.
What
morals,
Hebrew
religion
and
dominate the
spiritual life of a
literary
1
monuments have
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,
and
served,
and transmitted?"
is
The volume
The
first
chapter
is
Judah
in
586
b.c.e.
and to
a brief survey
of the
In this chapter
is
(1) of
the earliest
(2) of
the methods
the
the arts
and
in
(4)of a
in writing,
religious rites
and no
which
re-
and traditions
set-
The
The
summary
c.E.
and
to a survey of the
most
This chapter
fifth
chapters.
The
fourth chapter
is
The command
shalt teach
them
teachers of religion.
education
rites
The various
life
and
the child's
impressed
God
and
thai
responsible to
God
for insuring
regretted thai
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
is
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
is
accepted bj
men
is in
This demand
command
"An
The literal
interpretation in
The Talmud
was
necessary for the "voice" of the father and mother to be exactly the
same.
letter.
Chapter
in the schools
and
is
functioned not only as a house of prayer but as an assembly hall and as a school.
Through the
efforts of
(65
It
b.c.e.)
was
in
the effort to
child, that
compre-
years
is
The contents
the Temple, aside from the home, were the only institutions to exert
girl
or the
day.
The
are briefly
presented.
a complete bibliography
fine index.
The
text
is
logically arranged
and may
In closing,
slight
wish to
call
The name
in
of our great
used
one instance.
value to teachers of
Rabbi Kohn's
biblical
manual
is
of considerable
history,
especially
to
those in
religious schools.
2 A Manual for Teaching Biblical United Synagogue of America,
History.
1917.
By Eugene Kohn.
220.
New
York: The
pp.
524
history written
cies, this
volume
the
first
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
biblical history
methods of teaching
biblical history,
the introduction
in
is
indispensable.
and
of biblical history in
particular,
The
child
is
utilization of Jewish
many
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
(1)
Interpretation;
Aim;
The
first
"Inter-
summary
on
the part of the teacher of reading the Bible before presenting the story
in
is
contained
is
of a
The
own
purpose, but
author
underlying ethical
fail
lesson
the
should not
to
make
In chapter seven
is
very important
is
to be en-
whose deeds
child
is
it
narratt
~.
If
abstrai
n.irie
up' to point
moral.
and the
s<>
know how
to
make
Btory itself
home
their moral."
EDUCATIONAL LITERATURE
The words
but to
in
all
GROSSMAN
525
the lessons.
The passage quoted should have been made applicable to all the lessons.
is
elaborated
The
devoted to "Suggestions to
the Teacher".
stitute the
and conand
They
of
an intensive study
methods
profession
owes
a debt of gratitude not only to the author, but also to the United Syn-
A companion
rest of biblical
New
York.
Jacob B. Grossman.
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.'
.
Cloth bound.
thorough treatment
the
first
of Aquila's
of the
Bible
Next
While
articles
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
or,
I-
DS 101 J5 v.13
PLEASE
DO NOT REMOVE
FROM
THIS
CARDS OR
SLIPS
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