The constant progress made by Christianity in Palestine had an unfavorable effect on the condition of the Jewish population and the Jews began to emigrate to Babylonia in constantly growing numbers. The latter country had, in the meantime, passed from the rule of the Parthians to that of the neo-Persians, or Parsees (225). These having thrown off the yoke of foreign invaders, acted like others under similar conditions and introduced a government marked by religious and national fanaticism, from which the Jews suffered very severely. The Parsees, who worshipped fire, would not allow the Jews to have any light on the Sabbath during their period of mourning, which comprised the shortest winter days, and consequently the Hanukah lights were also forbidden. Another prohibition, which the Jews especially resented, was directed against the burial of the dead, not allowed by the religion of the Parsees.
At the same time, the Roman Empire, passing more and more under Christian rule, became hostile toward the Jews. Of Diocletian (284-305) it is reported that, while he tried to suppress Christianity, he allowed the Jews freedom of worship. Another story reported of him, to the effect that he ordered Judah Hanasi to appear before him on the Sabbath, wishing to punish him for the insult he had suffered from Jewish boys, while a swineherd, is evidently legendary. Constantine (305-337), who removed all the disabilities from which the Christians had suffered, and according to some authors, a professing Christian himself, issued the first edict which discriminated against the Jews. This law prohibited the circumcision of a slave, and there is no doubt that it was intended to check propaganda for Judaism.
Julian the Apostate (361-363), who wished to suppress Christianity and attempted to reintroduce a refined worship of the old gods, is said to have attempted to rebuild the Temple at Jerusalem. The church historians tell us that an earthquake and similar accidents made this impossible. It is, however, not unlikely that the whole report was merely an invention to show that the Temple could never be rebuilt, and that all attempts to fight Christianity must be vain.
The discrimination against the Jews became stronger when Theodosius issued the edict of Ravenna (380), which made the profession of Christianity a requirement for all who held office under the government. After the death of Theodosius the Roman Empire was divided into an Eastern and a Western Empire. Palestine and the majority of the Jews were in the Eastern Empire, with its capital at Constantinople; and they remained subject to this rule until the Holy Land was conquered by the Mohammedans in 634.
The legal treatment of the Jews, in both divisions of the Empire, was hostile, but the authorities tried to protect their lives and properties against the constantly increasing attacks of the mob. Such outbreaks occurred especially in the Greek cities of the Orient. Cyril, Bishop of Alexandria, and St. Simeon, the Stylite, who for years lived on a pillar, stirred up the religious fanaticism of the masses by setting them against the Jews. These attacks resulted in loss of life and property, and when the emperors issued orders demanding the punishment of the lawless elements, the ecclesiastic leaders condemned this action as the evidence of partiality toward the Jews. Under Emperor Justinian (527-565) we hear for the first time of an interference with the internal religious life of the Jews by the secular authorities. An edict of this Emperor prohibited the reading of the Deuterosis in the synagogue. The word is a literal translation of the word Mishnah, but as the Mishnah could not have been read in the synagogue, we must assume that other Rabbinic works or the Targum are meant.
The Byzantine Empire frequently had wars with its Persian neighbor, and one of these which threatened to be very critical occurred under Emperor Heraclius (622-628). In this, the Jews at first sided with the Persians, but when the Emperor on his way to the East appeared in Palestine, he promised them an amnesty if they would join his cause. This they did. On his return he broke his pledge, the monks assuring him of the divine pardon for this breach of faith, and punished the Jews severely for their defection.
The position of the patriarch remained hereditary in the house of Judah Hanasi, until the office was abolished by the decree of Emperor Theodosius II (about 420). The successors of Judah Hanasi were Gamaliel III, Judah II, Gamaliel IV, Judah III, Hillel II, Gamaliel V, Judah IV, and Gamaliel VI. These patriarchs, however, were not prominent as scholars, and while they were the religious heads of the community, the prerogatives of the president of the school of Tiberias were transferred to a scholar of prominence. Thus Judah Hanasi himself appointed his son Gamaliel as his successor before his death, but Rabbi Hanina was named as president of the school. It is probable that the head of this school presided also over the court sessions, so that he was the Ab Beth Din; the Nasi, who formerly exercised these prerogatives, was the representative of the Jewish community only through the dignity of his office.
Prominent among the disciples of Hanina were Johanan bar Nappaha, Simeon ben Lakish, and Eleazar bar Padath (250-280). Even at this period the Mishnah was already considered revealed law, which the teacher could only explain, but not alter. We therefore very often find their names in the Talmud at the head of discussions of a passage in the Mishnah. They introduced the period of the Palestinian Amoraim, as the scholars following the era of the Mishnah are called in contradistinction to the teachers of the Mishnah, known as Tanaim. To the school of Johanan belong all prominent Palestinian rabbis of the succeeding generation. Prominent among them is Abbahu of Cæsarea. He is known not merely as an expounder of the law but as a controversialist against Christianity.
Tiberias continued to be the center of Jewish spiritual life, and quite a number of young scholars from Babylonia came there to finish their studies; some of them remained in Palestine. Of the teachers of the fourth century, little more than their names is known. Prominently mentioned, however, is Rabbi Jose, to whom is ascribed the final redaction of the Palestinian Talmud (350). At about this time Hillel II gave up the only tangible privilege of the Nasi, the announcement of the calendar. Instead of announcing the leap-year whenever it was necessary to postpone the Passover, fixed rules for the calendar were made. By this arrangement it became necessary to keep the second holydays, which had been celebrated in those places the messengers of the Nasi could not reach in time. Hillel ruled, however, that this practice had become hallowed by tradition, and that even henceforth the Jews living outside of Palestine should continue to celebrate two holydays.
When finally the office of patriarch was abolished, Palestine lost its place as the spiritual center of Judaism. The study of the law declined, and from the middle of the fourth century we find in Palestine studies confined to homiletical and exegetical works, due in part to the controversies with the Christians. Some of their greatest teachers, such as Jerome, the translator of the Bible into Latin, were disciples of Palestinian rabbis. Of the homiletical explanations collections were made; these are called Midrash. The oldest of these collections is the Midrash Rabba to Genesis, compiled in the seventh century.
Although in the fifth century B.C., Ezra is already mentioned as an expounder of the law, who had come from Babylon, although Hillel is said to have arrived in Palestine also from Babylon in the first century B.C. with a reputation for scholarship, and although Judah Hanasi is quoted as having said that the only man whose superiority he acknowledged was Huna, the Exilarch of Babylon, we find no distinct traces of literary activity in Babylon until the third century. At that time two men were prominent as scholars: Abba Areka, called Rab, and Samuel. Both had spent some time in Palestine, studying under Judah Hanasi. Rab was a member of the committee which assisted Judah Hanasi in the compilation of the Mishnah. Before he left Palestine, he was ordained by Judah Hanasi somewhat restrictedly, because it was a rule that the full prerogatives of the members of the Sanhedrin could not be exercised outside of the Holy Land. Probably for this reason Judah Hanasi refused to confer ordination upon Samuel. Rab taught in Sura, and Samuel in Nehardea. Both these places were for centuries the seats of prominent schools.
At this time, Rab was considered the greatest authority on ritual law, while Samuel was considered learned in civil law. Rab’s decisions are characterized by rigorous interpretation of the law, especially as to Passover. Samuel accommodated himself more to the spirit of the times. From him we have the famous decision which makes the civil law of the country binding upon the Israelites as a religious obligation. He also partly abolished those laws of the Sabbatical year which had become obsolete, such as the cancellation of debts. He also declared that the celebration of the second holydays was unnecessary. He further laid down the principle that the Messianic prophecy merely meant the political independence of the Jews, and not a change in the condition of humanity.
To the next generation (250-300) belong Nahman bar Jacob, who reformed the legal procedure by introducing an oath in cases where formerly no oath had been necessary, Huna, Hisda, Shesheth and Judah bar Ezekiel, the last of whom was the founder of the new school of Pumbeditha, subsequently the most prominent of all Babylonian schools existing until the middle of the eleventh century. The characteristics of this age were the growth of dialecticism, Pilpul, and the neglect of Biblical studies. To the succeeding generation belong Rabba bar Nahmani and Rab Joseph. The latter is known as the author or compiler of the Aramaic translation of the prophets (Targum), more a paraphrase than a translation.
In the succeeding generation we have (350-380) Abaje and Raba, whose teachings are quoted as the most pronounced type of keen dialecticism. The most important of Babylonian Amoraim is Rab Ashe (350-431) who compiled the commentaries and the discourses on the Mishnah, and so became, with his successor Rabina (died 499), the compilers of the Babylonian Talmud. The successors of these teachers are called Saboraim (reasoners). Of their chronology and work we know nothing with exactness except that they lived during the sixth and in the early part of the seventh century. They arranged the subject-matter of the Talmud, which they divided into chapters and to which they added some explanatory remarks.