The disciples of the Law, more especially the seven disciples of Akiba, had, with broken hearts, sought refuge in Nisibis and Nahardea, and if the persecution had lasted longer, Babylon would even at this time have attained that importance for Judaism which it reached a century later. Hadrian's death, which occurred three years after the fall of Bethar, brought about a favorable turn. The pious beheld in the miserable death of this emperor, who, next to Antiochus Epiphanes, became the incarnation of the Jews' hatred, and the mention of whose name was always accompanied by the curse, "May God reduce his remains to dust," a divine visitation for the evils he had wrought on the Jewish nation. Those who had escaped destruction endeavored to obtain from Hadrian's successor the revocation of the cruel edicts. Titus Aurelius Antoninus, who received the name of Pius, although the adopted son of Hadrian, was of a somewhat more humane and beneficent character, and a milder treatment seemed likely at his hands. A noble Roman lady of Cæsarea or Antioch, who had pity on the sufferings of the Jews, advised them to petition the Roman authorities that the persecutions might cease. This lady was perhaps the wife of Rufus, and is said to have had inclination towards Judaism. Following this advice, a few men, headed by Jehudah ben Shamua, repaired to the governor to beg for mercy. In the gloomy darkness of their desolation they lamented—"O heavens, are we not your brothers, the sons of the same father? Why do you inflict on us unendurable sufferings?" Such lamentations appear to have induced the governor to petition the Emperor to pursue a milder course of conduct towards the Jews.
On the 15th Ab (August) the joyous news is said to have come that the heaped-up corpses of the Jewish warriors might be buried. On the 28th Adar (March, 139 or 140), the yet more joyful tidings came that the decrees of Hadrian were revoked, and this day was commemorated in the calendar. A Roman source relates that the Emperor Antoninus Pius conceded to the Jews the rite of circumcision; but they were not permitted to perform it on other nationalities; that is, they were not allowed to make proselytes. Thus the persecution on account of religion was ended. Antoninus Pius, however, did not repeal the law forbidding the Jews to enter Jerusalem.
This unexpected end of the persecution recalled the fugitives to their native land. The seven disciples of Akiba—the only heirs to the spiritual heritage of former times—who, for the most part, had emigrated to Babylon, now returned. These were Meïr, Judah ben Ilai, José ben Chalafta, Jochanan of Alexandria, Simon ben Jochai, Eleazar ben Jacob (or ben Shamua) and Nehemiah. They repaired directly to the plain of Rimmon, made notable during the Revolution, to consider the introduction of a leap year, the calendar probably having become incorrect. At the first meeting a fierce contest ensued, probably with reference to one of the Halachas of Akiba, but the dispute terminated in a friendly settlement.
They reassembled in Usha, the native town of Judah, which even previous to the revolution of Bar-Cochba, had been, for a short time, the seat of the college, and they invited all the remaining teachers of the Law in Galilee to meet there. Many came at the invitation, and the inhabitants of Usha endeavored to provide the guests with all that they required. The business of the Synod was to reinstate and renew the traditions which had fallen into disuse during the persecutions. After several days passed in Usha, the chief organizers of the meeting dismissed their guests with solemn addresses. Judah thanked the strangers, who had taken the trouble to come to the meeting from a distance of several miles. The other members of the council thanked the inhabitants of Usha for the hospitality displayed towards them. Thus did the nation, whose destruction had seemed imminent, again revive, and the Law was once again the curative measure, bringing with it health and strength.
The members of the Tanaite circle pursued the work of their predecessors with great self-sacrifice, in order to restore the broken chain of tradition, but their numbers were less, and their mental activity inferior to that of the former generation. The chief of those who took part in affairs were Simon II., son of the Patriarch Gamaliel, Nathan of Babylon, Meïr and Simon ben Jochai. The first of these, as was related, escaped in a wonderful manner from the massacre at Bethar, as also from the persecution with which he was threatened. The quæsitor, who had been appointed by Rufus to imprison him, gave him a hint of the threatened danger, on which Simon escaped and took refuge in Babylon. How long he remained there, and under what circumstances he assumed his hereditary dignities, is not known.
Simon seems to have been desirous of raising the dignity of Patriarch to special importance and grandeur, probably in imitation of the Babylonian Prince of the Captivity. He does not appear to have been at the first Synod in Usha, nor to have taken part in the discourses given there from time to time, but to have taken up his residence at Jabne, a place endeared to him by the memory of his father, in the neighborhood of which he probably owned property. The disciples of Akiba, the chief supporters of the Law, appear to have preferred Usha—or they desired to proclaim their independence of the patriarch. Thus Simon, in order not to remain alone, had to repair to the Galilean Synod. The College was completed by Nathan and Meïr as speaker. The patriarch had almost brought on himself the fate of his father through disregarding the equality which reigned amongst the members of the College. Of his bearing towards the traditional law only so much is known, that he taught the universally acknowledged Halachas, and the doubtful ones he had referred to himself. In contested cases he gave the preference to former decisions, and laid no weight on theoretical discussions. On the authority of the numerous teachers of the Law in past times certain practices had obtained amongst their surroundings and had become an authority amongst the people, and these practices Simon desired to maintain. The decision of a court of justice, in such cases where a mistaken judgment was given, was to hold good, for otherwise Simon feared that respect for such decisions would cease. His high-mindedness Simon showed in the beautiful saying, "The world subsists on three conditions, truth, justice and peace."
The most original personage of this period was unquestionably Meïr, whose great intellect, thoroughness of purpose and knowledge remind us of his teacher Akiba. His real but forgotten name was Miasa or Moise (the Greek for Moses). According to an unauthenticated legend he was said to be descended from a converted family, from the Emperor Nero in fact, who was believed in the East to have escaped his murderers and to have become converted to Judaism.
It is certain that Meïr's birthplace was in Asia Minor, probably in the Cappadocian Cæsarea. He made his livelihood through writing and copying Holy Writ. He was so intimately acquainted with the orthographical rules of the Hebrew language, which render the transcription of the Holy Books almost a science, that he once wrote from memory the whole book of Esther without making a mistake. By this means he earned three shekels per week, two-thirds of which he devoted to his family and one-third to the support of poor fellow-students. He married Bruria (or Valeria), the learned daughter of Chanina ben Teradion, whose Halachic knowledge was praised even by Joshua. Meïr was for a time a pupil of Ishmael, but his simple mode of teaching did not please him so well as the more intelligent method of Akiba, whose system, which was ultimately adopted by him, exercised the most decided influence over his mode of thought. Akiba soon ordained his favorite pupil, and gave him the preference over Simon, but on account of his youth he did not meet with much respect as an independent teacher. Meïr was severe on such petty conduct, which did not look to the qualifications of a man, but to his age. "Look not," he said wittily, "to the vessel, but to its contents. Many a new vessel contains old wine, but there are old casks which do not contain even new wine." Several sensible sayings are recorded of him; he became celebrated as a writer of fables, and composed 300 on the fox alone—a favorite subject of Eastern imagery. The submission to God of Meïr and his wife on the occasion of the death of their two children has become known through a poetical account of the event. It is related that his two sons, having died suddenly on the Sabbath, during their father's absence at the school, his tender-hearted wife did not tell him of the deaths, in order that he might not be grieved by sad tidings on the holy day. When the Sabbath was over she asked him whether that which was lent must necessarily be returned to the lender, and on receiving an affirmative answer she led him to where their two children lay dead, and consoled him with what he had said, that they had only been confided to their care, and were now reclaimed by the owner. Meïr's modesty was as great as his submissiveness to God. His favorite saying was, "Occupy thyself less with gain than with the Law, and be humble to all men."
His contemporaries and successors could not sufficiently praise Meïr's wisdom and character. José depicts him to his townspeople, the inhabitants of Sepphoris, as a pious, morally strict and holy man. It became proverbial that "He who touches Meïr's staff becomes wise." He obtained his deep knowledge of men by mixing with those against whom prejudice prevailed. He even sought out the apostate and traitor Acher, in order that he might be instructed by him. When Meïr was reproached for his intimacy with a traitor to the Law, he said, "When I see a juicy pomegranate I enjoy its contents and throw away the skin."
One Sabbath he accompanied Acher, who was on horseback, whilst Meïr was on foot, discussing a rendering of the Scriptures. Suddenly Acher said to him, "Thou canst go thus far and not farther, for here is the limit of thy Sabbath walk. Return." Meïr, seizing the opportunity, said to Acher, "Return thou also." But Acher said, "If for all sinners there be pardon, for me the gates of mercy are closed, because I have turned the gifts given me by God to evil uses." Later, when Acher was ill, Meïr again endeavored to win him over, and flattered himself that he had induced Acher to repent before his death. A legend relates that Meïr spread his mantle over Acher's grave, from which there arose a pillar of smoke, and in imitation of a verse of Scripture (Ruth iii. 13) he exclaimed, "Rest here in the night; in the dawn of happiness the God of mercy will deliver thee; if not, I will be thy redeemer."
Meïr also was intimate with a heathen philosopher, Euonymus of Gadara. In Jewish circles it was said, "Be not surprised to find amongst the heathens a knowledge of God, for God had inspired Balaam and Euonymus, two of the greatest philosophers of heathendom, with His wisdom, so that they might teach the people." When Euonymus mourned for the death of his parents, Meïr visited him in order to condole with him, for he held that a heathen who occupied himself with the Torah was as worthy as a high priest of Judaism, for it says in Holy Writ, "These laws man shall observe in order to live," by which Meïr explained that Jews were not exclusively appointed to enjoy eternal happiness.
Through intercourse with men of learning Meïr appears to have become acquainted with the Stoic philosophy, which was at that time the ruling power in the Roman world. But all the perfections which, according to philosophy, were due to the Stoic theory, he attributed to the Torah, which helps man to attain the ideal, if he devotes himself to it from pure love and without interested motives. "The Torah," he says, "makes him who familiarizes himself with it worthy to all the world; he becomes the favorite of all; it inspires him with love to God and man; clothes him in modesty and fear of God; makes him pious, honest, and true; removes him from sin; brings him near to virtue; endows him with kingly dignity; makes him moral, long-suffering, forgetful of injury, and raises and carries him above all things." This was his ideal of a truly wise man. In treating the Halachic traditions Meïr copied his teacher Akiba's system of dialectics. The rules of deduction used by his predecessors he employed as formulas which could establish or abolish legal enactments. His contemporaries relate of him that they could never reach the real meaning of Meïr's decisions, because he brought forward a number of proofs for and against an ordinance, and he was able through similes and deductions to turn a law, as it was laid down, into one of an opposite meaning. Whether these sophistic arguments were to be taken seriously, or whether they were only intended by the speaker for dialectic purposes in order to show both sides of the question, is not now known, as even those who lived in former times were doubtful on the subject.
Yet the injurious method of treating the Halachas, which was called Talmudic dialectics, became later on still more developed; in fact, the closer apprehension of the Halachas was deemed impossible without it. Nevertheless, Meïr's exposition of the Law was decidedly serious and strict. Amongst other things he asserts that he who gives his wife less dowry than is usual, acts wrongly; for he thereby makes divorce more easy to obtain. Further, he asserts that any one who in the smallest degree should deviate from the law laid down for divorce would render the act illegal, and his children from the second marriage would be considered as illegitimate. Meïr further controverted the law which was universally respected, that what was forbidden or permitted should be inferred from such cases as most commonly occurred in life, without regard to exceptional circumstances; he considered that certain circumstances should conscientiously be reckoned exceptional. For this reason when he heard that some Samaritans continued to worship idols, which according to Hadrian's edict they had formerly been compelled to do, when they brought him libations of wine, he refused to permit the use of wine amongst his hearers. This abstinence, had it been consistently observed, would have put an end to much industry and pleasure and rendered them legally impossible. For other misdeeds, as for example usury, he imposed heavy fines. But his regulations were not carried out, his contemporaries and succeeding generations did not acknowledge Meïr's ordinances and imposts in their entirety. He was, however, most severe against himself, and once said—"Even if I hold something as permissible to others, I cannot allow it to hold good for myself, if I am convinced that my colleagues would be of a different opinion." As in the treatment of Halachas, so in ordinary things, Meïr followed in the footsteps of Akiba; he completed the collection of the Mishnas, but appears to have arranged their component parts more according to their contents than their number. These arrangements of Meïr and his colleagues made no pretense to being a code, but each teacher of the Law having a circle of disciples, treated the material before him in the manner which seemed most suitable and convenient to himself. Meïr had assembled a not insignificant number of pupils round him, who were drawn towards him by his intelligent renderings and interesting lectures. He was in the habit of alternating the dry matter of the Halachas with the attractive Agadahs, and of illustrating them by fables.
Amongst Meïr's disciples was one named Symmachos ben Joseph, who adopted and exaggerated his method to such an extent that it was said of him that he could argue well, but could not come to any practical decision. It was even said of him that his forefathers could not have been present at the Revelation on Sinai. After Meïr's death both Symmachos and his disciples were excluded from the school, because they did not seek for truth, but only to dispute sophistically. It is probable that Meïr repaired to the Synhedrion of Usha when important questions were under discussion. He did not live on good terms with the Patriarch Simon.
Simon ben Jochai of Galilee was as striking but not so many-sided a personage as Meïr, and he was falsely reported to be a worker of miracles—a mystic and a Cabbalist. Few facts of his life are known, but we may infer from what is recorded that he was rather of a matter-of-fact than of an imaginative turn of mind. Nothing is known of Simon's youth, and later, after his return with others from the exile imposed on them under Hadrian's rule, his activity seems to have spent itself on the newly organized Synhedrion at Usha. In opposition to his father, Jochai, who stood in favor with the Roman authorities, the son was a decided enemy of Rome, and was not much liked by them. For uttering a truthful censure on the Roman Governor, he was sentenced to death, and could save himself only by flight, and upon this fact legend has seized in order to surround Simon with wonders and miracles. Amongst the various legal decisions, sayings and remarks which have been preserved of him there is no trace of a mystical tendency. On the contrary his reasoning with regard to biblical laws was always of a simple nature. The system of following out the reasoning of the Law, and thence drawing deductions, was peculiar to Simon.
This was an improvement on Akiba's system, which consisted in drawing from pleonastic words, syllables and letters, the principles of legal deductions. The following are instances of Simon's method. The Bible forbids the distraint of a widow's goods; Simon restricted the reference to cases of poor widows. Simon drew his conclusion in the following manner:—The biblical law which enacts that a widow should be spared all legal seizure of goods could only apply to poor widows. A rich woman had no cause for being so spared. Further, that the prohibition against intermarrying with the seven Canaanite races must also be extended to all idolatrous nations, as the law was actually intended to prevent the people from being drawn into idolatry.
Another opinion of Simon's shows how far removed he was from all exaggerated religious theories. He had a curious saying that the fulfilment of the Law was only possible to those who lived on manna or the tithes. Unlike most teachers of the Law, Simon pursued no occupation or business; he was at that time the only man whose life's business was the study of the Law. Simon's dwelling-place and school-house were in the fertile oil district of Tekoa, in Galilee. He had his circle of disciples, and because he survived his colleagues he became the only authority of the following period.
Another important name was that of Judah ben Ilai of Usha, whose character bore a similarity to that of Joshua. Modest, wise, diplomatic, eloquent, he knew how to bridge over the breach which existed between the Roman and the Jewish nature. He was therefore especially designated "the wise," or "the first speaker." Judah was not a man of property, but, like Joshua, he supported himself by an occupation of which he was not ashamed. He often used the expression—"The work honors the laborer. He who does not teach his son a handicraft designs him to be a robber." His mode of teaching had no especially pronounced characteristics.
As with Judah we have no distinctive features recorded, so also of the life of José ben Chalafta of Sepphoris but little is known. He also followed a trade, and one of the lowest kind. He was a worker in leather. Unlike his contemporaries, José devoted himself to the collection of the annals of Jewish history, and left an account from the creation of the world to the war of Bar Cochba, under the name of Seder Olam. He endeavored to fix the various dates correctly from the historical records of the Bible. He tried to render clear the doubtful passages, and to fill up the gaps in traditions. On the other hand, from the time of Alexander the Great, we find that this chronicle of José gives independent and trustworthy, but very scanty information.
But little that is noteworthy is known of the other disciples of Akiba. Besides the Galilean circle of scholars there was yet another in the extreme south of Judæa (Darom) who continued Ishmael's mode of teaching; only two members of this circle, Josiah and Jonathan, are known.
Nathan, a Babylonian, and a son of the Prince of the Captivity, was a man of special interest. It is not known where he received instruction in the Halachas, nor what occasioned him to remove to Judæa, or to give up the more favorable position that he occupied in his native country. The foreign teachers of the Law at this period were Judah ben Bathyra of Nisibis, who appears to have sheltered the fugitives from Judæa; also Chananya, nephew of Joshua, in Nahar-Pakod, who had been sent by his uncle to Babylon, so as to remove him from the influence of the Jewish Christians; and, lastly, Matiah ben Charash in Rome, who first transplanted the knowledge of the Jewish Law from Asia to Europe.
Whilst the teachers of the Law in Galilee endeavored to reanimate the body of the nation, to re-establish the Synhedrion, and to secure and spread traditions by collecting and classifying them, but little was needed to cause a deep schism which threatened to separate the Babylonian congregation entirely from the main body.
The wisdom of the Patriarch Simon II. deftly avoided this breach. Chananya established a sort of Synhedrion in Nahar-Pakod, probably in the neighborhood of Nahardea, of which he was the president, whilst a certain Nechunyan, perhaps the Prince of the Captivity, appears to have supported him. The Babylonian community, until then under the control of Judæa, and now left uncared for through the destruction of all religious institutions in the fatherland, welcomed a Synhedrion in their midst as of joyful import, and gratefully accepted its ordinances and decisions. Chananya immediately introduced a leap year, and the celebration of the festivals as had been customary in Judæa. But when the Synhedrion had been established in Usha it was no longer possible to continue the existence of a body which threatened the unity of Judaism, and tended to divide it into an eastern and western Judaism. In order to avoid such a division the Patriarch Simon sent two ambassadors, Isaac and Nathan, with flattering messages to Chananya, with the unusual superscription, "To his holiness Chananya." The president of the Babylonian Synhedrion, who had not expected such friendliness, received the Jewish ambassadors in the kindest manner, and introduced them with flattering speeches to the assembly. Having secured the confidence of the nation, they named the ultimate reason of their embassage. At the public service they read from the Book of Laws, "Such are the feast days of Chananya" (instead of God). Another read from the prophets—"From Babylon shall the light go forth, and the word of the Lord from Nahar Pakod" (instead of Zion and Jerusalem). The audience, whose attention was drawn through these ironical allusions, and who felt that an independent Synhedrion in Babylon would be contrary to the spirit of the Law, felt their consciences disturbed. Chananya vainly endeavored to weaken the impression by implicating the ambassadors. They replied that to establish an opposition Synhedrion in Babylon was tantamount to building an altar, at which Chananya and Nechunya would officiate as unauthorized priests, and was in fact equal to disavowing the God of Israel. Chananya, however, doubted the continuance of a Synhedrion in Judæa, saying that the teachers of the Law there did not enjoy any authority, to which the ambassadors replied, "The little ones whom thou hast deserted have meanwhile grown up." Chananya, however, did not relinquish his design until Judah ben Bathyra, in Nisibis, pointed out to him that in holy things unqualified obedience must be paid to the Judæan Synhedrion. Finding no response or interest anywhere, he countermanded the festivals as arranged by himself, and the Babylonian Synhedrion came to an end.
Dissensions arose at the College of Usha, which threatened to have similar results to the contest between Gamaliel and Joshua. The Patriarch Simon, in order to increase his dignity, endeavored to introduce a special etiquette, in order to remove the equality previously existing between all officials. In the absence of the Ab-beth-din Nathan and the speaker Meïr, he instituted a new order of rank, which would definitely recognize him as the superior head. This distinction lay herein, that at all public sittings of the Synhedrion the people, who were accustomed to rise at the entrance of the president and other important officials, and to remain standing until the sign was given them to be seated, should reserve this mark of honor in future for the President alone; in honor of his substitute only the first rows were to stand until he had taken his seat; and still less ceremony was to be observed towards the speaker (the Chacham).
When Nathan and Meïr for the first time attended the meeting and noticed the new arrangements they secretly determined to conspire against Simon, and to deprive him of his office. For this purpose, however, the consent of the nation, with whom the appointment of Patriarch rested, became necessary. They determined to puzzle Simon by difficult questions (on the Halachas), and he seems to have been inferior to them in knowledge of traditional lore, and when they had revealed his weakness before the whole assemblage they intended proposing the deposition of a Patriarch who was not conversant with all branches of the Law. They also determined that Nathan, who belonged to the family of the Prince of the Captivity, and who was also of the race of David, should become Patriarch, and that Meïr should be second in rank as substitute. This plot, however, was betrayed to Simon, and the conspirators found him prepared.
The Patriarch, on revealing the scheme against him, succeeded in having the two expelled from the Synhedrion. But they made their absence felt by writing difficult questions and distributing them amongst the assembly, whom they thereby placed in an awkward position. Referring to these two José afterwards said, "We are in the house of the Law, but the Law is outside." They were readmitted, but Simon arranged that their names should not be recorded in the ordinances enacted by him. R. Nathan subsequently made peace with the Patriarch, but the breach with Meïr endured. Simon at length excommunicated him, but Meïr was not as submissive as he who, without a word, had accepted Gamaliel's sentence. Referring to a former resolution of the Synhedrion in Usha, that no member could be excommunicated, Meïr replied, "I do not care for your sentence until you prove to me on whom, on what grounds, and under what conditions it can be imposed." In proud recognition of his own worth, Meïr is said on his death-bed to have uttered the words: "Tell the sons of the Holy Land that their Messiah has died in a foreign land." According to his last will, his body was buried on the sea-shore.
Simon's patriarchate was not free from the disturbances and oppressions which the Roman officials permitted themselves to perpetrate towards the Jewish people. The mutual hatred of Jews and Romans, which had followed from the revolt of Bar-Cochba and Hadrian's persecution, was so great that the powerful victors could not do otherwise than make their power felt by those whom they had conquered. Simon ben Gamaliel notes the daily tortures and oppressions: "Our forefathers only scented trouble from afar; we, however, have suffered from them through many days, years, periods, and cycles; we have more right to become impatient than our forefathers. If, as formerly, we desired to record our troubles and temporary relief on a scroll, we should not find space enough." The hatred of the Romans on the one hand, and the endurance of the Jews on the other, appear to have ended in a fresh revolution in Judæa, which took place in the last year of the reign of the Emperor Antoninus Pius (161), but its rise, scene of action, and results are not known. The attempt at a new call to arms appears to have been connected with the warlike preparations commenced by the Parthians against Rome. Though often deceived, the Judæans still hoped for the help of the Parthians, as a means of deliverance from the Roman yoke. Simon b. Jochai, who heartily despised the hypocritical policy of the Romans, said, "When thou seest a Persian (Parthian) steed tied to an Israelite tombstone, then canst thou believe in the advent of the Messiah." Meanwhile, the badly-organized revolt was soon suppressed by the Governor of Syria before the Parthians could come to the rescue. The Parthian war, which lasted several years (161–165), began shortly after the death of the Emperor Antoninus Pius, when the Roman Empire for the first time was governed by two rulers, the philosophical but impractical Marcus Aurelius Antoninus and the dissolute Verus Commodus. At the first attack the Parthians, under their king Vologeses, entered Syria, defeated the governor, Atidius Cornelianus, who had just repressed the Jewish revolt, put his legions to flight, and devastated the country. The second emperor, Verus, was sent with fresh troops to the East, though he was eminently unfitted to conduct a war. The conquest of the Parthians was therefore undertaken by capable generals, whilst the emperor gave himself up to dissipation in Antioch, Laodicea, and Daphne.
Fresh persecutions appear to have been instituted by the Emperor Verus against the Jews of Palestine. First they lost the right of using their own courts of justice. It is not certain whether Jewish judicial functions were set aside, or whether the Jewish judges were deposed. Simon ben Jochai thanked God for the interference of the Romans, as he, like his contemporaries, did not feel himself fitted to exercise judicial rights. Notwithstanding that the chiefs of the Synhedrion had taken no part in the revolution, they yet seem to have been suspected and watched by the Roman authorities. A conversation was once reported which took place between Judah, José and Simon ben Jochai at Usha, where, it appears, a discussion was held with regard to the Roman policy. Judah, who, like Joshua, endeavored to calm those who stood around, had been praising Rome for her actions. "How useful this nation has been; everywhere it has erected towns with market-places; it has put bridges over rivers, and built bath-houses for the preservation of health." José kept silent, neither giving praise nor blame. Simon ben Jochai, on the other hand, could not repress his displeasure. "What the Romans do," he said, "they only do for the sake of selfishness and gain. They keep houses of bad repute in the cities, misuse the bathing-places, and levy toll for the bridges." A proselyte, Judah, repeated this, perhaps without desiring to make mischief. Judah, however, the eulogist of Rome, was loaded with honors, José was banished to Laodicea, and Simon was condemned to death. In consequence of these events the Synhedrion at Usha seems to have been dissolved, for the most important members were withdrawn, and its proceedings watched.
Simon, who had taken refuge, as before stated, in a cave, became the hero of various miracles. He is said to have spent years in this cave, supporting himself on carob-beans and spring water, in consequence of which his skin became full of boils. When he learnt that affairs had taken a favorable turn, probably through the death of the Emperor Verus (169), he took this as a sign that he might venture out, and by bathing in the warm springs of Tiberias his shattered health became restored. Out of gratitude he declared the town of Tiberias, which had hitherto been avoided by the pious, because buildings had been erected over graves, as clean and suitable for a dwelling-place. This aroused the anger of the pious who lived in Magdala (Tarichea), who considered this decision as a frivolous innovation. After his return Simon ben Jochai was asked to repair to Rome, and to intercede with the Emperor Marcus Aurelius for the abolition of the laws against the Jews. Simon took as his companion on this journey Eleazar, the son of José, probably because he was acquainted with the Latin language. When they arrived in Rome, assisted by various influential Roman Jews, they probably succeeded in obtaining from Marcus Aurelius the concession sought. Christian teachers also addressed petitions to the Emperor and requested him to show mercy on Christendom. The legend relating to Simon attributes the attainment of the emperor's favor to a miracle; he had, namely, delivered the daughter of the emperor, Lucilla, from a demon (Bartholomaion), and out of gratitude the emperor permitted him and his followers to take from the state archives whatever they chose, and they took out the inhuman decree against the Jews and destroyed it. There appear to have been actual grounds for this story, for Eleazar ben Joseph, Simon's friend, boasted that he had seen in the room the vessels of the Temple, the frontal of the high priest, and the curtain of the Holy of Holies, which Titus had carried off as trophies, and which could be seen only by those especially favored.
The Patriarch Judah I.—His Authority and Reputation—Completion of the Mishna—The Last Generation of Tanaites—Condition of the Jews under Marcus Aurelius, Commodus, Septimius Severus, and Antoninus Caracalla—Character and contents of the Mishna—Death of Judah.
175–219 C. E.
The last generation of the Tanaites had come back to the same point from which they first had started, thus completing the whole circle. In the same way as the first had found complete expression in a single personality, Jochanan ben Zaccai, so also the last culminated in one standard-bearer, who formed the central point of his times. The former had been followed by several disciples, each possessing his peculiar school, tendency, and system; and thus the material of tradition was divided into a multiplicity of fractional parts. It was the Patriarch Judah, the son of Simon II., who reunited them, and thus brought the activity of the Tanaites to a conclusion. He was the chief authority of the last generation, compared with whom the other teachers of the Law were of no importance; he abandoned the old tendencies and prepared the way for a new departure. In spite of the important position which he occupies in Jewish history but little is known of Judah's life. It was during a time of great affliction, when the calamitous consequences of the Bar-Cochba war were still being felt, that his superior talents and great parts developed themselves. He so distinguished himself by mature questions and striking answers that his father and the college advanced him to the foremost rank of the disciples while he was still in his first youth. As though he felt that his vocation was to be the collecting and arranging of the most dissimilar opinions, Judah did not confine himself to any one school, but sought the society of several teachers of the Law. This it was that saved him from that one-sidedness and narrowness of mind which is given to upholding, with more fidelity than love of truth, the words of one teacher against all other doctrines. The most important of his teachers were Simon ben Jochai and Eleazar ben Shamua, whose school was so crowded with students that six of them were obliged to content themselves with one seat.
Judah was elevated to the dignity of Patriarch upon his father's decease, and the cessation of the persecutions after Verus's death. He was blessed with such extraordinary gifts of fortune that it used to be said proverbially, "Judah's cattle-stalls are worth more than the treasure-chambers of the King of Persia." Living very simply himself, he made but small use of this wealth for his personal gratification, but employed it in the maintenance of the disciples who during his Patriarchate gathered around him in numbers from at home and abroad, and were supported entirely at his cost. At the time of the awful famine, which, together with the plague, raged for several years during the reign of Marcus Aurelius throughout the whole extent of the Roman empire, the Jewish prince threw open his storehouses and distributed corn to the needy. At first he decided that those only should be succored who were occupied in some way with the study of the Law, thus excluding from his charity the rude and uneducated populace. It was only when his over-conscientious disciple, Jonathan ben Amram, refused to derive any material benefit from his knowledge of the Law, exclaiming, "Succor me not because I am learned in the Law, but as you would feed a hungry raven," that Judah perceived the mistake of trying to set bounds to his charity, and he thenceforth distributed his gifts without distinction. On another occasion Judah also yielded to his better convictions and overcame his nature, which seems not to have been entirely free from a touch of harshness. The daughters of Acher, a man who had held the Law in contempt, having fallen into distress, came to Judah for help. At first he repulsed them uncharitably, remarking that the orphans of such a father deserved no pity. But when they reminded him of their father's profound knowledge of the Law, he immediately altered his mind.
Distinguished by his wealth and his intimate knowledge of the subject-matter of the Halachas, he succeeded without trouble in doing that which his predecessors had striven in vain to accomplish, namely, to invest the Patriarchate with autocratic power, unfettered by the presence of any rival authority, and to transfer the powers of the Synhedrion to the person of the Patriarch. The seat of the principal school and of the Synhedrion during the time of Judah, and after Usha had lost its importance (a short time previously it seems to have been the neighboring town of Shefaram), was first at Beth-Shearim, northeast of Sepphoris, and later on at Sepphoris itself. Judah chose this latter town for his residence, on account of its elevated and healthy situation, in the hopes of recovering from a complaint from which he had suffered for several years. In Sepphoris there seems to have existed a complete council of seventy members, which was entrusted with the decision of religious questions according to the adopted routine. Judah's reputation was so great, however, that the college itself transferred to him the sovereign power which up till then had belonged to the whole body or to individual members. It was rightly observed of Judah that since the time of Moses, knowledge of the Law and possession of authority had not been united in any one person as in him. A most important function which was conferred upon this Patriarch, or rather which he got conferred on him, was that of appointing the disciples as judges and teachers of the Law. He was allowed to exercise this power without consulting the College, but on the other hand the nominations of the high Council were invalid without the Patriarch's confirmation. The nomination of spiritual guides of the communities, the appointments to the judicial offices, the filling up of vacancies in the Synhedrion, in a word, all Judæa and the communities abroad, fell in this manner into dependence on the Patriarch. That which his father and grandfather had striven in vain to accomplish, came about, so to speak, at his touch. In his time there was no longer a deputy (Ab-Beth-Din), nor a public speaker (Chacham). Judah, the Prince (ha-Nassi), alone was all in all. Even the Synhedrion itself had resigned its authority, and continued to exist henceforward only in name; the Patriarch decided everything. By reason of his great importance he was called simply Rabbi, as if, when compared with him, no teacher of the Law were of any consequence, and he himself were the personification of the Law.
He soon further increased his powers by deciding that even the most capable were not competent to pronounce on any religious question without having first been expressly authorized by him. How great was the importance of this act may be seen from the circumstance that the foreign communities, as well as those of Judæa, were obliged to put themselves in direct communication with the Patriarch in order to obtain their officials, judges, and teachers. The community of Simonias, which lay to the south of Sepphoris, begged the Patriarch to send them a man who should give public lectures, decide questions of law, superintend the Synagogue, prepare copies of authentic writings, teach their sons, and generally supply all the wants of the community. He recommended to them for this purpose his best pupil, Levi bar Sissi. It may be seen from this example how great were the requirements demanded of the instructors of the people. Another disciple of Judah, Rabba bar Chana by name, a native of Cafri in Babylon, was obliged to obtain the authorization of the Patriarch before being able to decide any questions of religion and law in his native land. In the same manner a third of his disciples, Abba Areka, also a native of Babylon, who later on became a great authority with the Babylonian communities, obtained this influence solely by Judah's nomination. One dignity alone, that of the Prince of the Captivity in Babylon, was on an equal footing with the Patriarchate, and Judah was all the more jealous thereof on account of its being conferred and upheld by the Parthian authorities, while his office was at most merely tolerated by the Roman rulers.
Invested with this autocratic power, Judah manifested unusual severity towards his disciples, and displayed so great an irritability with them that he never pardoned the least offense offered, even in jest, to his dignity. The course of conduct which he enjoined upon his son from his death-bed, namely, to treat his scholars with strict severity, was the one which he himself had pursued all through the Patriarchate. Among the numerous Babylonians who crowded to the Academy at Sepphoris was a distinguished disciple, by name Chiya (an abbreviation of Achiya), whom his contemporaries could hardly praise enough for his natural gifts, his pious conduct, and his untiring endeavors to spread the teachings of religion among the people. Judah himself valued him very highly, and said of him: "From a land far off there came to me the man of good counsel." But even him the Patriarch could not pardon an insignificant jest. Judah had once said to him, "If Huna, the Prince of the Captivity, were to come to Judæa, I should certainly not carry my self-denial so far as to abdicate my office to him, but I would honor him as a descendant in the male line from David." When Huna died and his body was taken to Judæa, Chiya observed to the Patriarch, "Huna is coming." Judah grew pale at the news, and when he found that Chiya was referring to the corpse of Huna, he punished the joke by excluding Chiya from his presence for thirty days. Judah showed himself equally sensitive in his conduct towards Simon Bar-Kappara, one of his disciples, who, with his knowledge of the Law, combined at the same time poetical talent and a vein of delicate satire; as far as is known, he was the only Hebrew poet of that period. The little that remains of the productions of Bar-Kappara's muse indicates ready manipulation of the Hebrew tongue in a regenerated form, and in all its pristine purity and vigor; he composed fables, of which, however, no trace now remains. On the occasion of a merry meeting, the witty Bar-Kappara indulged in a jest at the expense of a certain Bar-Eleaza, the rich but proud and ignorant son-in-law of the Patriarch. All the guests had put questions to Judah, except the simple-minded Bar-Eleaza. Bar-Kappara incited him to ask one as well, and in a whisper suggested one to him in the form of a riddle. This riddle, to which no answer has been found to the present day, contained in all likelihood allusions to certain persons closely connected with Judah. It ran somewhat as follows:—
In all simplicity, Bar-Eleaza propounded this riddle. Judah must have seen, however, by the satirical smile on Bar-Kappara's lips that it was intended to banter him, and he therefore exclaimed angrily to Bar-Kappara: "I refuse to recognize you as an appointed teacher." It was not till later on, when Bar-Kappara failed to obtain his appointment as an independent teacher of the Law, that he realized to the full the meaning of these words.
One of the most celebrated of the Babylonian disciples, Samuel by name, by whose medical treatment Judah had been cured of his long illness, was unable to obtain the nomination necessary in order to become a teacher of the Law. Judah was once desirous of excusing himself for this slight to Samuel, to whom he owed the restoration of his health, whereupon the latter answered him pleasantly, that it was so decreed in the book of Adam, "that Samuel would be a wise man, but not appointed Rabbi, and that thy illness should be cured by me." Chanina bar Chama, another disciple, who, later on, was also regarded as an authority, once remarked that a word which occurred in the Prophets ought to be pronounced otherwise than Judah read it. Offended thereat, Judah asked him where he had heard this; to which Chanina answered, "At the house of Hamnuna, in Babylon." "Well, then," retorted Judah, "when you go again to Hamnuna, tell him that I recognize you as a sage"; which was equivalent to telling Chanina that Judah would never authorize him to be a teacher. This irritability of the Patriarch, who was in all other respects a noble character, was his one weak point. It is possible, indeed, that this susceptibility was the result of his ill-health. However that may be, it did not fail to arouse a certain dissatisfaction and discontent, which never found public expression on account of the deep reverence in which the Patriarch was held.
Once at a banquet, when the wine had loosened men's tongues and made the guests oblivious of respect, the twin sons of Chiya gave utterance to this feeling of discontent. These highly talented youths, by name Judah and Chiskiya, whom the Patriarch himself had incited to gaiety and loquacity, expressed it as their opinion "that the Messiah could not appear until the fall of the two princely houses of Israel—the house of the Patriarch in Judæa, and that of the Prince of the Captivity in Babylon." The wine had caused them to betray their most secret thoughts.
In consideration of the altered circumstances of his time, Judah, by virtue of his independence and authority, abolished several rites and customs which seemed to the people to be hallowed by age, and carried through his design with perseverance, regardless of all consequences. Contrary to the principles of his teacher and predecessor, who had treated the Samaritans as heathens, Judah decreed that the evidence of a Samaritan in matters concerning marriage was admissible and of equal weight with the testimony of an Israelite. The views of these teachers of the Law of Moses, who agreed on the chief principles of their religion, varied in other matters according to the predominance of friendly or inimical feelings towards the heathens. For some time past difficulties had been constantly occurring between the Jews and the Samaritans. Eleazar, the son of Simon ben Jochai, and a contemporary of Judah, who had made himself acquainted with the Samaritan Torah, reproached them with having altered certain passages of the holy text. The peaceable relations between Jew and Cuthæan since the war of Hadrian were gradually changed to a state of ill-feeling, which was as bitter on the one side as on the other. One day when Ishmael b. José was passing through Neapolis (Shechem) in order to go and pray at Jerusalem (for which purpose the Jews seem to have required the permission of Marcus Aurelius), the Samaritans jeered at the tenacity of the Jews, saying that it was certainly better to pray upon their holy mount (Gerizim) than upon the heap of ruins at Jerusalem. Traveling through the land of Samaria must have now become less dangerous than it had formerly been. The teachers of the Law had frequently to pass through the strip of land lying between Judæa and Sepphoris. Although the seat of the Synhedrion was now in Galilee, and Sepphoris was thus to a certain extent the center of the entire Jewish community, nevertheless Judæa was, for various reasons, regarded as holier than the northern district. The patriarch could not officiate in person when the appearance of the new moon was announced, but had to send a representative for the purpose (which office Chiya once filled); the place where the announcement was made was at this time Ain-tab, probably in the province of Judæa. This trifling superiority was still left to that district, the scene of so many holy ceremonies and ancient memories. The journey to Ain-tab was made through Samaria.
On another point, also, Judah deviated from the ancient customs and the Halachic laws: he rendered less oppressive the laws relating to the year of release and to the tithes. In spite of the fall of the Jewish state, and of the numerous catastrophes which had befallen the Jews, these laws still continued in unimpaired force, and were doubly oppressive to a people impoverished by the disturbances of war, by taxes, and by the extortion of money. The Patriarch therefore turned his attention to this matter, and determined, if not entirely to abrogate, at least to moderate the harshness of these laws. Furthermore he decreed that the territory of certain border cities, which had up till then been considered as forming a part of Judæa, should henceforth not enjoy the privilege of sanctity which attached to Jewish ground. This in so far constituted a relief, as these cities were thereby exempted from the payment of tithes, and doubtless also from the laws relating to the year of release. For the most part these border cities were inhabited by Greeks and Romans, and had not always been subject to Jewish rule. These alleviations of the burdens of the people drew down reproaches on the Patriarch from certain of his relatives, to whom he replied that his predecessors had left this duty to him. He had even the intention of entirely abolishing the laws relative to the year of release, but was unwilling to take so important a step without first consulting such persons as were likely to entertain scruples on this point. At that time Pinchas ben Jaïr was regarded as the model of austere piety. He was a son-in-law of Simon ben Jochai, and possessed so gloomy a disposition as to cause him to entertain doubts as to the efficacy of any human institutions. He used to remark that, "since the destruction of the Temple the members and the freemen are put to shame, those who conform to the Law are confused, violence and sycophancy carry the day, and no one cares for those who are deserted; we have no hope but in God." In particular, Pinchas adhered strictly to the prescriptions of the law relating to the tithes, and for this reason never accepted any invitation to a meal. It was with this same Pinchas that Judah took counsel relative to the abolition of the year of release. It is probable that a year of scarcity necessitated the adoption of some such measure. To the Patriarch's question, "How goes it with the corn?" Pinchas answered reprovingly, "There will be a very good crop of endives," meaning that if necessary it was better to live on herbs rather than abrogate the Law. In consequence of Pinchas' dislike of this scheme Judah abandoned his project entirely. But the Zealot, having noticed some mules in the court of the Patriarch's house, to keep which was not in exact accordance with the Law, refused to accept Judah's invitation, and left him on the spot, vowing never to come near him again.
But the most important of Judah's acts, a work on which reposes his claim to an enduring name, and whereby he created a concluding epoch, was the completion of the Mishna (about 189). Since the completion, two generations before, of the oldest compilation under the name of Adoyot, the subject-matter of the Law had accumulated to an enormous extent. New cases, some drawn from older ones, others deduced from the Scripture, had helped to swell the mass. The various schools and systems had left many points of law in doubt, which now awaited decision. Judah therefore based his compilation on Akiba's partially arranged collection of laws as taught and corrected by Meïr, retaining the same order. He examined the arguments for and against every opinion, and established the Halachic precepts according to certain ordinances and principles. He endeavored to observe a certain systematic order in dealing with the various traditional laws relating to the prayers, to benedictions, taxes on agricultural produce, the Sabbath, festivals and fasts, marriage customs, vows and Nazarites, civil and criminal jurisdiction, the system of sacrifices, levitical purity, and many other points. His efforts were not, however, crowned with complete success, partly on account of the various parts of his subject being by their nature incapable of connection, and partly by reason of his desire to retain the order and divisions already employed. The style of Judah's Mishna is concise, well rounded, and intelligent, and is thereby well adapted to impress itself firmly on the memory. He in no way intended his Mishna, however, to be regarded as the sole standard, having in fact only composed it, like his predecessors and contemporaries, for his own use, in order to possess a text-book for his lectures. But by reason of his great authority with his disciples and contemporaries his compilation gradually obtained exclusive authority, and finally superseded all previous collections, which for that reason have fallen into oblivion. It retained the ancient name of Mishna, but at first with the addition of the words "di Rabbi Judah." Gradually, however, these words were dropped, and it began to be considered as the sole legitimate, recognized and authorized Mishna. His disciples disseminated it through distant lands, using it as a text-book for their lectures, and as a religious and judicial code. This Mishna, however, like the older compilations, was not committed to writing, it being at that time regarded as a religious offense to put on paper the precepts of tradition; it was thus handed down for many centuries by word of mouth. The Agadas only were now and then collected and written down, and even this was severely censured by various teachers of the Law. It is true that scarce or remarkable Halachas were sometimes written upon scrolls by certain teachers, but this was done so secretly, that they acquired from this circumstance the name of "Secret Scrolls."
In his old age Judah undertook another revision of his compilation, and made certain alterations which brought his Mishna into harmony with his new views. Various additions were also made after his death by his son. The language in which the Mishna is written is Hebrew in a rejuvenated form, interspersed with many Aramaic, Greek, and Latin words in general use. Judah evinced a predilection for the Hebrew tongue, despising Syriac, which was then indigenous to Galilee, on account of its characteristic inexactness. Syriac, he asserted, was superfluous in Judæa, and that either Hebrew or Greek should be spoken by every one. As a matter of fact, the Hebrew language was in nowise foreign to the population of Judæa, especially to such of them as lived in the towns. Even Judah's female domestic slave and tyrant was so well acquainted with Hebrew that many a foreign scholar applied to her for information respecting certain words of which he was ignorant. The Hebrew language was so easily and fluently spoken that many legal terms and delicate distinctions, which were the outcome of the spirit of the times, found their way into Jewish circles, and were there provided with proper Hebrew equivalents.
Thus tradition was at last codified and sanctioned. During the four centuries since the time of the Maccabees, when the doctrine of the father, as handed down to the son, had first begun to acquire an influence on the development of history, tradition had remained, so to speak, in suspense. Accepted by the Pharisees, rejected by the Sadducees, confined by Shammai's school within narrow boundaries, extended in its application by the school of Hillel, and greatly enriched by the followers of the latter, it was through Judah that tradition first acquired a settled form, and was able to exercise, by means of its contents and its mode of exposition, a spiritual influence during a number of centuries. Concurrently with the Bible, the Mishna was the principal source of intellectual activity and research; it sometimes even succeeded in entirely supplanting the Scripture, and in asserting its claim to sole authority. It was the intellectual bond which held together the scattered members of the Jewish nation. The Mishna—the child of the Patriarchate—by which it had been brought into the world and endowed with authority, slew, so to speak, its own parent, for the latter dignity lost by degrees its importance and influence.
The appearance of the Mishna brought the line of Tanaites to a conclusion, and put an end to independent teaching. "Nathan and Judah are the last of the Tanaites," says a Sibylline chronicle, the apocryphal book of Adam. The Mishna necessitated henceforth the employment of a new method of study, which possessed but little similarity with the Tanaite mode of teaching.
The period of the compilation of the Mishna was by no means a happy one for the Jews. Marcus Aurelius, the best and most moral of the Roman emperors, bore them no good will; he seems even to have cherished a special aversion to them. When he came to Judæa, in the summer of 175, after the death of the rebel Avidius Cassius, he found the Jews clamorous; they had not come respectfully to pay him homage, but to ask exemption from the heavy taxes imposed on them; and he, greatly vexed at this want of reverence, is reported to have exclaimed, "At last I have discovered a people who are more restless than the Marcomani, the Quadi, or the Sarmati!" In Judah's time, the communities in Judæa were subjected to a tax, called the "crown money" (aurum coronarium), which was so oppressive that the inhabitants of Tiberias took to flight in order to escape its burden. There is not in existence a single law of Marcus Aurelius in favor of the Jews.
But few Jews can have taken part in the short-lived rebellion of Avidius Cassius (175). With the sensual and bloodthirsty blockhead, Commodus (180–192), the son of the Emperor philosopher, ends the series of good or tolerable emperors, and there opens a succession of tyrants who cut one another's throats. In his reign Judæa was doubtless exposed to all sorts of extortions and oppression. The barbarous, savage and dissolute Pescennius Niger, who after the murder of the two preceding rulers set up as emperor in company with Severus and a third candidate (193,) and took up his residence in Antioch, displayed especial harshness to the Jews. Once when they prayed him to lighten their burden of taxes, which had now become intolerable, he answered them in the following words: "You ask me to relieve your lands of their taxes; would that I were able to tax the very air that you breathe!"
In the war that ensued between him and Severus, the latter was victorious, and his opponent's adherents paid heavily for their mistake. During his short stay in Palestine (200), after he had wasted, but not subdued, the country of the Parthians, Adiabene, and Mesopotamia, Severus promulgated several laws, which were certainly not favorable to Palestine. Amongst these laws was one forbidding heathens, under penalty of severe punishment, to embrace Judaism, or even Christianity. He permitted those, however, who were "imbued with the Jewish superstitions" to hold unpaid municipal offices and to be invested with the dignities of the magistracy; but they were obliged to submit to the claims made on them by reason of their occupation of these posts, such as providing costly plays and supporting various other heavy expenses, as long as no violation of their religion was thereby occasioned.
The numerous bands of marauders which had collected together during the war between Severus and Niger do not seem to have been entirely suppressed in Judæa, but continued to exist in this land after the departure of Severus. The Romans, who regarded these marauders as highwaymen, dispatched troops to hunt them out of their hiding-places in the mountains, but were unable to disperse them entirely. Two famous teachers of the Law of this period, Eleazar, the son of Simon ben Jochai (who in his time had been hostile to the Romans), and Ishmael, the son of José the Prudent, were induced to aid the Romans, to keep a watch over the Jewish freebooters, and to deliver them into the hands of the Roman authorities, who put them to death. Public opinion, however, was loud in its blame of these men for thus allowing themselves to become the tools of the Roman tyrants against their own countrymen. Joshua b. Karcha (according to certain authorities the son of Akiba) reproached Eleazar most bitterly for his behavior. "Oh, thou vinegar!" he exclaimed, "the produce of wine (unworthy son of a worthy father), how much longer dost thou intend to deliver up God's people to the executioner?" When Eleazar attempted to excuse himself by saying that he only desired "to clear the vineyard of thorns," Joshua retorted: "Let the lord of the vineyard root out the thorns himself." Later on Eleazar repented of his share in the pursuit of the Jewish freebooters, and is said to have done penance in the most painful manner. Although he was an Halachic authority, to whom at times the Patriarch submitted, the feeling which he had excited by affording assistance to the Romans was so bitter that he was afraid that after his death the last honors would be denied his corpse by the teachers of the Law. He therefore enjoined upon his wife not to bury him immediately, but to allow his body to remain in a room for several days. When after his death Judah the Patriarch sought his widow in marriage, she rejected his suit, annoyed probably at the slight inflicted on her husband, and answered him: "A vessel intended for holy purposes must not be put to profane uses."
Ishmael ben José was also visited with the disapprobation of the people on account of his prosecution of the Jewish marauders. His excuse that he had received an order from the Roman authorities, of which he was unable to relieve himself, was met by the retort: "Did not thy father flee? Thou also then wast able to escape."
Judah, the Patriarch, was a witness of all these sad scenes after having held his office for more than thirty years. With great equanimity he prepared to die, awaiting his dissolution with tranquillity. He summoned his sons and learned comrades before him, and informed them of his last wishes. He conferred the dignity of Patriarch on Gamaliel, his elder son, and appointed Simon the younger to the office of Chacham (speaker). To both of them he recommended his widow, who was doubtless their stepmother, and commanded them to pay her all respect after his death, and to make no alterations in his domestic establishment. He strongly impressed on the future Patriarch the policy of treating his disciples with severity, but recommended a departure from his principle of only allowing two disciples to be ordained, and suggested that all who were capable and deserving should be admitted to ordination. He particularly enjoined on Gamaliel the obligation of conferring the dignity of teacher, first and foremost on Chanina bar Chama, to whom he believed himself indebted. His two servants, José, of Phaeno, and Simon the Parthian, who served him with great affection during his lifetime, were commanded to take charge of his corpse after his death. He besought the Synhedrion to bury him without any great pomp, to allow no mourning ceremonies to be performed for him in the towns, and to re-open the Assembly of Teachers after the short interval of thirty days. Many of the inhabitants of the neighboring towns had gathered in Sepphoris at the news of the Patriarch's approaching death, in order to show him their sympathy. As if it were impossible that he could die, the populace threatened to put to death whosoever should announce the sad news to them. The suspense and agitation were, in fact, so great that some violent explosion of the grief of the crowd was apprehended. The intelligence of the Patriarch's death was, however, indirectly communicated to the people by Bar-Kappara. With his head veiled and his garments torn, he spoke the following words: "Angels and mortals contended for the ark of the covenant; the angels have conquered, and the ark has vanished." Hereupon the people uttered a cry of pain and exclaimed "He is dead," to which Bar-Kappara made answer, "Ye have said it." Their lamentations are said to have been heard at Gabbata, three miles from Sepphoris. A numerous funeral train accompanied Judah's corpse from Sepphoris to Beth-Shearim, and memorial sermons were preached for him in eighteen different synagogues. Even the descendants of Aaron paid the last honors to his corpse, although this was in direct opposition to the Law. "For this day," it was said, "the consecrated character of the priests is suspended." Synhedrion and priests readily subordinated themselves to him who represented the Law in his own person. After his death he was called "the Holy" (ha-Kadosh), though later generations seem to have been unable to offer any explanation of the title.
History has little more to relate of Judah's successor, Gamaliel III (about 210 to 225) than that he faithfully executed his father's commands. Such of his sayings as have been preserved are well worthy of consideration, as throwing a strong light on the state of the times. "It is good to be occupied in the study of religion, if some secular business is carried on at the same time; the labor devoted to both prevents sin from gaining ground. The study of the Law, when prosecuted without some other occupation, must ultimately be lost and is productive of sin. He who attends to the affairs of the community should do so for the sake of his duty to God, and without any selfish motives of his own; then will the merit of his forefathers second his efforts, and his righteousness will endure to all eternity. To you, however," he said to his disciples, "I promise as great a reward as if your efforts had been directed to practical ends. Act cautiously in all your relations with the (Roman) powers that be, for they only flatter you to further their own purposes; they are your friends when they can derive any benefit from your friendship, but they never stand by you in trouble. Do God's will in such a manner that you prefer His will to yours; then will he make your will His own." The admonition thus given to his disciples, to exercise caution in their dealings with the Roman authorities, and not to allow themselves to be seduced by their promises, evidently contained an underlying political meaning. For after the death of the harsh Severus, the Roman empire acquired, and outwardly retained, for nearly a quarter of a century, through the influence of three emperors and their Syrian mothers, a certain Syrian appearance which was nearly allied with that of Judæa; servile Rome adopted Syrian habits, and filled her Pantheon with Eastern gods. By this means the gulf existing between Roman and Jew was to a certain extent narrowed. Julia Domna (Martha), the wife of Severus, was a native of Emesa in Syria, and her son Caracalla, who was officially called Antoninus (211–217), was in nowise ashamed of his Syrian descent. It was he who extended the full right of citizenship to every inhabitant of the Roman Empire, and although this law was merely intended to allow the imposition of heavier taxes on the population of the provinces, it had the good effect of abolishing the marked distinction between Roman and non-Roman. Although Caracalla and his pretended son Elegabalus so disgraced the purple and humanity itself by their vices, that Roman history of this period has nothing to relate but assassinations and unnatural excesses such as allow of no other explanation than the derangement of the minds of these two emperors, there was still a certain method in their madness. They contemplated the gradual effacement of Roman gods and Roman customs by the introduction of Syrian fashions. It does not appear that Caracalla possessed special tenderness for the Jews. This much is certain, however, that the condition of the Jews under this emperor was at least tolerable, and that, although they enjoyed no especial favors, they at any rate had not to complain of excessive oppression. This intermediate and tolerable position of the Jews, equally removed from happiness and persecution, is described by Jannaï, one of Judah's disciples, in the following words: "We neither enjoy the happiness of the wicked, nor endure the misfortunes of the just."
A certain religious law which this same Jannaï was at this time induced to repeal, proves that the condition of the Jews of Palestine was not too enviable during the period in question. They were obliged to pay their taxes, even during the year of Release, in natural produce, destined for the use of the standing army. Up till then they had been exempted, by virtue of a special favor originally accorded them by Julius Cæsar, from delivering these supplies in every seventh year, by reason of the fact that no harvest was gathered in this year, it being the one during which the land was commanded by the Law to be left fallow. In consequence of this dictatorial measure, and probably during Caracalla's campaign in Parthia (in 216, which just happened to be a year of Release), Jannaï, who was the authority of that period, issued a proclamation, in which he declared that henceforward it would be permissible to cultivate the land during the year of Release. He laid especial stress on the circumstance that it was only permissible to transgress the Law relative to the year of Release on account of the payment of the tax being required of them, and that its abrogation was in nowise intended.
The youthful emperor Elegabalus, formerly priest of the Sun-god in Emesa, whom Mæsa, his crafty grandmother, had put forward as Caracalla's son, was entirely devoid of any predilection for the Jews, although appearances seem to lend color to the opposite view. This living epitome of all vices, who disgraced the Roman world for four years (218–222), and who seems to have possessed no other vocation in history than publicly to degrade his heathen gods and Roman Cæsarism, and to convince every one of their worthlessness, seems, in fact, to have done and attempted many things in his methodical madness that bear a Jewish complexion. He offered himself for circumcision, and refused to partake of pork, only in obedience, however, to the commands of his Sun-god. He proposed to introduce the Jewish, Samaritan, and Christian worshipers publicly into Rome, but to subordinate them to his Sun-god, Baal.
During the reigns of these two emperors, Caracalla and Elegabalus, the younger contemporaries of Judah had ample time to continue his work. The Mishnaic compilation had not, in fact, included many laws, partly because they were not possessed of absolute legal force, and partly because they were as special cases included in the general formulæ. These neglected Halachas were collected by Judah's successors, as a supplement to the Mishna. Among these collectors may be named Jannaï, whose academy was at Acbara; Chiya, and his twin-sons, Judah and Chiskiya, Bar-Kappara, Levi bar Sissi, Ushaya the elder, surnamed "the father of the Mishna"; and finally Abba-Areka (Rab); all of them half-Tanaites. Judah's compilation had, however, obtained so undisputed an authority that its votaries considered every word of it to be sacred, and contended that not a line ought to be added to it. The new compilation therefore possessed but a secondary value in comparison with the principal Mishna, and their mutual relations were of such a character that the former were referred to as "the apocryphal Mishnas" (Matnita boraïta, or simply Boraïta), in the same way as the books not included in the canonical Bible are called "the Apocrypha" (apocryphal books). The compilations of Chiya and Ushaya alone acquired an authority nearly equal to that of the principal Mishna, on account of their contents.
The distinctive feature of the Mishna, which was accepted as the recognized code, is the severely legal and even judicial character which it impressed on Judaism for all time. Everything comprised in Judaism—the commandments and prohibitions, the precepts contained in the Pentateuch and those deduced from it—all are considered by the Mishna as edicts and decrees of God, which may neither be criticized nor questioned; they must be carried out in strict accordance with the letter. It is impossible not to perceive that the conflicts which had convulsed Judaism, the violent attacks of Hellenism under Antiochus Epiphanes, the bitter opposition of the Sadducees, the allegorical misinterpretation and the subtleties of the Alexandrian philosophers, and, finally, the attitude of hostility to the Law assumed by Pauline Christianity and the Gnostics, had all assisted to bring out and accentuate the strictly legal character of the Jewish faith. In direct opposition to the tendency of the Alexandrian and Gnostic schools to give especial prominence to the view that God's love was the characteristic feature of Judaism, the Mishna, the first positive code of Judaism, cautions its readers against this opinion, and orders silence to be imposed on one who desired to express this view in prayer: "Thy love extendeth even to the nest of the bird." For this reason everything in the Mishna is legally ordered, little being left to personal decision; there it is settled how much a pauper may demand of public charity, and even how many children a father ought to bring into the world in order to fulfil his duty of helping to populate the earth, "which God did not create to be desolate." In general the Mishna assumes that the whole of the Torah, including such of the precepts of the Law as do not appear immediately in the Pentateuch, is composed of ancient traditions, received by Moses on Sinai, communicated by him to Joshua, who handed them down to the Elders, who in their turn transmitted them to the Prophets, who finally handed them down to the members of the great assembly. All such laws as do not appear in the Pentateuch are designated in the Mishna by the term, "the saying of those learned in the Scripture" (Dibre Soferim), although its component parts are not rigorously divided into these two categories. It is true that in the Mishna the remembrance of the dissatisfaction of many Tanaites is still apparent, especially in the complaint that the numerous decisions which Joshua arrived at by means of interpretation, "resemble mountains hanging by a hair," that is to say, are far-fetched; but, nevertheless, the Mishna holds up as an inviolable standard all the Halachic laws which had been in force up to this time.