Jews

Jews

Jews, Seventh-Day Observers

From the book The Clergyman’s Hand-book of Law, about Jews, Seventh-Day Observers (1): In several of the States it has been held that Jews and Seventh-Day observers of the Sabbath must obey the Sunday law.743However, in many States there is a statute expressly exempting people who keep the seventh day of the week; but still they sometimes have a provision, unless “he shall wilfully disturb thereby some other person or some religious assembly on said day.”

Legal History

In Moses was seen the founder of Israel’s religion and laws; in Aaron the prototype of the Israelite priesthood. (…)

Elaborate legal enactments codified in Babylonia by the 20th century b.c. find striking parallels in Hebrew, late Jewish (Talmudic), Syrian and Mahommedan law, or in the unwritten usages of all ages; for even where there were neither written laws nor duly instituted lawgivers, there was no lawlessness, since custom and belief were, and still are, almost inflexible. Various collections are preserved in the Old Testament; they are attributed to the time of Moses the lawgiver, who stands at the beginning of Israelite national and religious history. But many of the laws were quite unsuitable for the circumstances of his age, and the belief that a body of intricate and even contradictory legislation was imposed suddenly upon a people newly emerged from bondage in Egypt raises insurmountable objections, and underestimates the fact that legal usage existed in the earliest stages of society, and therefore in pre-Mosaic times. The more important question is the date of the laws in their present form and content. Collections of laws are found in Deuteronomy and in exilic and post-exilic writings; groups of a relatively earlier type are preserved in Exod. xxxiv. 14-26, xx. 23-xxiii., and (of another stamp) in Lev. xvii.-xxvi. (now in post-exilic form). For a useful conspectus of details, see J. E. Carpenter and G. Harford-Battersby. The Hexateuch (vol. i., appendix); C. F. Kent, Israel’s Laws and Legal Enactments (1907); and in general I. Benzinger, articles “Government,” “Family” and “Law and Justice,” Ency. Bib., and G. B. Gray, “Law Literature,” ib. (the literary growth of legislation). Reference may also be made, for illustrative material, to W. R. Smith, Kinship and Marriage, Religion of the Semites; to E. Day, Social Life of the Hebrews; and, for some comparison of customary usage in the Semitic field, to S. A. Cook, Laws of Moses and Code of Hammurabi. (…)

Post-exilic Judaism

With his priests and Levites, and with the chiefs and nobles of the Jewish families, the high priest directs this small state, and his death marks an epoch as truly as did that of the monarchs in the past. This hierarchical government, which can find no foundation in the Hebrew monarchy, is the forerunner of the Sanhedrin (q.v.); it is an institution which, however inaugurated, set its stamp upon the narratives which have survived. Laws were recast in accordance with the requirements of the time, with the result that, by the side of usages evidently of very great antiquity, details now appear which were previously unknown or wholly unsuitable. The age, which the scanty historical traditions themselves represent as one of supreme importance for the history of the Jews, once seemed devoid of interest, and it is entirely through the laborious scholarship of the 19th century that it now begins to reveal its profound significance. The Graf-Wellhausen hypothesis, that the hierarchical law in its complete form in the Pentateuch stands at the close and not at the beginning of biblical history, that this mature Judaism was the fruit of the 5th century b.c. and not a divinely appointed institution at the exodus (nearly ten centuries previously), has won the recognition of almost all Old Testament scholars. It has been substantiated by numerous subsidiary investigations in diverse departments, from different standpoints, and under various aspects, and can be replaced only by one which shall more adequately explain the literary and historical evidence (see further, p. 289).

The post-exilic priestly spirit represents a tendency which is absent from the Judaean Deuteronomic book of Kings but is fully mature in the later, and to some extent parallel, book of Chronicles (q.v.). The “priestly” traditions of the creation and of the patriarchs mark a very distinct advance upon the earlier narratives, and appear in a further developed form in the still later book of Jubilees, or “Little Genesis,” where they are used to demonstrate the pre-Mosaic antiquity of the priestly or Levitical institutions. There is also an unmistakable development in the laws; and the priestly legislation, though ahead of both Ezekiel and Deuteronomy, not to mention still earlier usage, not only continues to undergo continual internal modification, but finds a further distinct development, in the way of definition and interpretation, outside the Old Testament—in the Talmud (q.v.). (…)

Deuteronomy must have differed profoundly from any known Mosaic writings to which earlier pious kings and prophets had presumably adhered. Similarly, the “book of the Law of Moses,” brought from Babylon by Ezra (Ezra vii.; Neh. viii.), clearly contained much of which the people were ignorant, and conservative writers, who oppose the theory that a new Law was then introduced, emphasize (a) the previous existence of legislation (to prove that Ezra’s book was not entirely a novelty), and (b) the gross wickedness in Judah (as illustrated by the prophets) from the time of Josiah to the strenuous efforts of the reformers on behalf of the most fundamental principles of the national religion. This again simply means that the Mosaism of Ezra or Nehemiah must have differed essentially from the priestly teaching prior to their arrival. The arguments of conservative writers involve concessions which, though often overlooked by their readers, are very detrimental to the position they endeavour to support, and the objections they bring against the theory of the introduction of new law-books (under a Josiah or an Ezra) apply with equal force to the promulgation of Mosaic teaching which had been admittedly ignored or forgotten. Their arguments have most weight, however, when they show the hazardous character of reconstructions which rely upon the trustworthiness of the historical narratives. What book Ezra really brought from Babylon is uncertain; the writer, it seems, is merely narrating the introduction of the Law ascribed to Moses, even as a predecessor has recounted the discovery of the Book of the Law, the Deuteronomic code subsequently included in the Pentateuch. (…)

The reforms of Nehemiah were directed towards the establishment of a religious community at Jerusalem, in which the rigour of the law should be observed. As a part of the Persian Empire the community was obscure and unimportant. But the race whose chief sanctuary it guarded and maintained was the heir of great traditions and ideals. In Egypt, moreover, in Babylon and in Persia individual Jews had responded to the influences of their environment and won the respect of the aliens whom they despised. The law which they cherished as their standard and guide kept them united and conscious of their unity. (…)

At Alexandria in particular Alexander provided for a Jewish colony which soon became Hellenic enough in speech to require a translation of the Law. It is probable that, as in Palestine an Aramaic paraphrase of the Hebrew text was found to be necessary, so in Alexandria the Septuagint grew up gradually, as need arose. The legendary tradition which even Philo accepts gives it a formal nativity, a royal patron and inspired authors. From the text which Philo uses, it is probable that the translation had been transmitted in writing; and his legend probably fixes the date of the commencement of the undertaking for the reign of Ptolemy Lagus.

The apology for the necessary defects of a translation put forward by the translator of Ecclesiasticus in his Prologue shows that the work was carried on beyond the limits of the Law. Apparently it was in progress at the time of his coming to Egypt in the reign of Ptolemy Euergetes I. or II. He seems to regard this body of literature as the answer to the charge that the Jews had contributed nothing useful for human life. Once translated into Greek, the Scriptures became a bond of union for the Jews of the dispersion and were at least capable of being used as an instrument for the conversion of the world to Judaism. So far as the latter function is concerned Philo confesses that the Law in his day shared the obscurity of the people, and seems to imply that the proselytes adopted little more than the monotheistic principle and the observance of the Sabbath. According to Juvenal the sons of such proselytes were apt to go farther and to substitute the Jewish Law for the Roman. (…)

Herod the Great

After the departure of Caesar, Antipater warned the adherents of Hyrcanus against taking part in any revolutionary attempts, and his son Herod, who, in spite of his youth, had been appointed governor of Galilee, dealt summarily with Hezekiah, the robber captain who was overrunning the adjacent part of Syria. The gratitude of the Syrians brought him to the knowledge of Sextus Caesar the governor of Syria; but his action inspired the chief men of the Jews with apprehension. Complaint was made to Hyrcanus that Herod had violated the law which prohibited the execution of even an evil man, unless he had been first condemned to death by the Sanhedrin. At the same time the mothers of the murdered men came to the Temple to demand vengeance. So Herod was summoned to stand his trial. He came in answer to the summons—but attended by a bodyguard and protected by the word of Sextus. Of all the Sanhedrin only Sameas “a righteous man and therefore superior to fear” dared to speak. Being a Pharisee he faced the facts of Herod’s power and warned the tribunal of the event, just as later he counselled the people to receive him, saying that for their sins they could not escape him. Herod put his own profit above the Law, acting after his kind, and he also was God’s instrument. The effect of the speech was to goad the Sanhedrin into condemning Herod: Hyrcanus postponed their decision and persuaded him to flee. Sextus Caesar made him lieutenant-governor of Coele Syria, and only his father restrained him from returning to wreak his revenge upon Hyrcanus.

It is to be remembered that, in this and all narratives of the life of Herod, Josephus was dependent upon the history of Herod’s client, Nicolaus of Damascus, and was himself a supporter of law and order. (…)

(The) development of Judaism was eminently to the mind of the rulers; and Herod did much to encourage it. More and more it became identified with the synagogue, in which the Law was expounded: more and more it became a matter for the individual and his private life. (…)

When it came to the ears of the king he slew the most responsible of the Pharisees and every member of his household who accepted what the Pharisee said. An explanation of this unwarrantable generalization may be found in the fact that the incident is derived from a source which was unfavourable to the Pharisees: they are described as a Jewish section of men who pretend to set great store by the exactitude of the ancestral tradition and the laws in which the deity delights—as dominant over women-folk—and as sudden and quick in quarrel.

Towards the end of Herod’s life two rabbis attempted to uphold by physical force the cardinal dogma of Judaism, which prohibited the use of images. Their action is intelligible enough. Herod was stricken with an incurable disease. He had sinned against the Law; and at last God had punished him. At last the law-abiding Jews might and must assert the majesty of the outraged Law. The most conspicuous of the many symbols and signs of his transgression was the golden eagle which he had placed over the great gate of the Temple; its destruction was the obvious means to adopt for the quickening and assertion of Jewish principles.

By their labours in the education of the youth of the nation, these rabbis, Judas and Matthias, had endeared themselves to the populace and had gained influence over their disciples. A report that Herod was dead co-operated with their exhortations to send the iconoclasts to their appointed work. And so they went to earn the rewards of their practical piety from the Law. If they died, death was inevitable, the rabbis said, and no better death would they ever find. Moreover, their children and kindred would benefit by the good name and fame belonging to those who died for the Law. Such is the account which Josephus gives in the Antiquities; in the Jewish War he represents the rabbis and their disciples as looking forward to greater happiness for themselves after such a death. But Herod was not dead yet, and the instigators and the agents of this sacrilege were burned alive. (…)

Archelaus

Augustus had counselled Archelaus to deal gently with his subjects. But there was an outstanding feud between him and them; and his first act as ethnarch was to remove the high priest on the ground of his sympathy with the rebels. In violation of the Law he married a brother’s widow, who had already borne children, and in general he showed himself so fierce and tyrannical that the Jews joined with the Samaritans to accuse him before the emperor. Archelaus was summoned to Rome and banished to Gaul; his territory was entrusted to a series of procurators (a.d. 6-41), among whom was an apostate Jew, but none with any pretension even to a semi-legitimate authority. Each procurator represented not David but Caesar. The Sanhedrin had its police and powers to safeguard the Jewish religion; but the procurator had the appointment of the high priests, and no capital sentence could be executed without his sanction. (1)

The Procurators

So the Jews of Judaea obtained the settlement for which they had pleaded at the death of Herod; and some of them began to regret it at once. The first procurator Coponius was accompanied by P. Sulpicius Quirinius, legate of Syria, who came to organize the new Roman province. As a necessary preliminary a census (a.d. 6-7) was taken after the Roman method, which did not conform to the Jewish Law. The people were affronted, but for the most part acquiesced, under the influence of Joazar the high priest. But Judas the Galilean, with a Pharisee named Sadduc (Sadduk), endeavoured to incite them to rebellion in the name of religion. The result of this alliance between a revolutionary and a Pharisee was the formation of the party of Zealots, whose influence—according to Josephus—brought about the great revolt and so led to the destruction of Jerusalem in 70. So far as this influence extended, the Jewish community was threatened with the danger of suicide, and the distinction drawn by Josephus between the Pharisees and the Zealots is a valid one. Not all Pharisees were prepared to take such action, in order that Israel might “tread on the neck of the eagle” (as is said in The Assumption of Moses). So long as the Law was not deliberately outraged and so long as the worship was established, most of the religious leaders of the Jews were content to wait. (…)

Pilate inaugurated his term of office by ordering his troops to enter Jerusalem at night and to take their standards with them. There were standards and standards in the Roman armies: those which bore the image of the emperor, and therefore constituted a breach of the Jewish Law, had hitherto been kept aloof from the holy city. On learning of this, the Jews repaired to Caesarea and besought Pilate to remove these offensive images. Pilate refused; and, when they persisted in their petition for six days, he surrounded them with soldiers and threatened them with instant death. They protested that they would rather die than dare to transgress the wisdom of the laws; and Pilate yielded. But he proceeded to expend the temple treasure upon an aqueduct for Jerusalem; and some of the Jews regarded the devotion of sacred money to the service of man as a desecration. (…)

Claudius and the Procurators

Claudius, the new emperor, restored the civic rights of the Alexandrian Jews and made Agrippa I. king over all the territories of Herod the Great. So there was once more a king of Judaea, and a king who observed the tradition of the Pharisees and protected the Jewish religion. There is a tradition in the Talmud which illustrates his popularity. As he was reading the Law at the feast of tabernacles he burst into tears at the words “Thou mayest not set a stranger over thee which is not thy brother”; and the people cried out, “Fear not, Agrippa; thou art our brother.” (…) (2)

The Fall of Jerusalem

The Jews, wherever they might be, continued to pay the temple-tax; but now it was devoted to Jupiter Capitolinus. The Romans had taken their holy place, and the Law was all that was left to them.

From a.d. 70 to a.d. 135

The destruction of the Temple carried with it the destruction of the priesthood and all its power. The priests existed to offer sacrifices, and by the Law no sacrifice could be offered except at the Temple of Jerusalem. Thenceforward the remnant of the Jews who survived the fiery ordeal formed a church rather than a nation or a state, and the Pharisees exercised an unchallenged supremacy. With the Temple and its Sadducean high priests perished the Sanhedrin in which the Sadducees had competed with the Pharisees for predominance. The Sicarii or Zealots who had appealed to the arm of flesh were exterminated. Only the teachers of the Law survived to direct the nation and to teach those who remained loyal Jews, how they should render to Caesar what belonged to Caesar, and to God what belonged to God. Here and there hot-headed Zealots rose up to repeat the errors and the disasters of their predecessors. But their fate only served to deepen the impression already stamped upon the general mind of the nation. The Temple was gone, but they had the Law. (…) (3)

The Later Empire

With the failure in 135 of the attempt led by Barcochebas to free Judaea from Roman domination a new era begins in the history of the Jews. The direct consequence of the failure was the annihilation of political nationality. Large numbers fell in the actual fighting. Dio Cassius puts the total at the incredible figure of 580,000, besides the incalculable number who succumbed to famine, disease and fire (Dio-Xiphilin lxix. 11-15). Jerusalem was rebuilt by Hadrian, orders to this effect being given during the emperor’s first journey through Syria in 130, the date of his foundations at Gaza, Tiberias and Petra (Reinach, Textes relatifs au Judaïsme, p. 198). The new city was named Aelia Capitolina, and on the site of the temple of Jehovah there arose another temple dedicated to Jupiter. To Eusebius the erection of a temple of Venus over the sepulchre of Christ was an act of mockery against the Christian religion. Rome had been roused to unwonted fury, and the truculence of the rebels was matched by the cruelty of their masters. The holy city was barred against the Jews; they were excluded, under pain of death, from approaching within view of the walls. Hadrian’s policy in this respect was matched later on by the edict of the caliph Omar (c. 638), who, like his Roman prototype, prevented the Jews from settling in the capital of their ancient country. The death of Hadrian and the accession of Antoninus Pius (138), however, gave the dispersed people of Palestine a breathing-space. Roman law was by no means intolerant to the Jews. Under the constitution of Caracalla (198-217) all inhabitants of the Roman empire enjoyed the civil rights of the Cives Romani (Scherer, Die Rechtsverhältnisse der Juden, p. 10).

Moreover, a spiritual revival mitigated the crushing effects of material ruin. The synagogue had become a firmly established institution, and the personal and social life of the masses had come under the control of communal law. The dialectic of the school proved stronger to preserve than the edge of the sword to destroy. Pharisaic Judaism, put to the severest test to which a religious system has ever been subject, showed itself able to control and idealize life in all its phases. Whatever question may be possible as to the force or character of Pharisaism in the time of Christ, there can be no doubt that it became both all-pervading and ennobling among the successors of Aqiba (q.v.), himself one of the martyrs to Hadrian’s severity. Little more than half a century after the overthrow of the Jewish nationality, the Mishnah was practically completed, and by this code of rabbinic law—and law is here a term which includes the social, moral and religious as well as the ritual and legal phases of human activity—the Jewish people were organized into a community, living more or less autonomously under the Sanhedrin or Synedrium and its officials. (…)

Religion under the Christian emperors became a significant source of discrimination in legal status, and non-conformity might reach so far as to produce complete loss of rights. The laws concerning the Jews had a repressive and preventive object: the repression of Judaism and the prevention of inroads of Jewish influences into the state religion. The Jews were thrust into a position of isolation, and the Code of Theodosius and other authorities characterize the Jews as a lower order of depraved beings (inferiores and perversi), their community as a godless, dangerous sect (secta nefaria, feralis), their religion a superstition, their assemblies for religious worship a blasphemy (sacrilegi coetus) and a contagion (Scherer, op. cit. pp. 11-12). Yet Judaism under Roman Christian law was a lawful religion (religio licita), Valentinian I. (364-375) forbade the quartering of soldiers in the synagogues, Theodosius I. prohibited interference with the synagogue worship (“Judaeorum sectam nulla lege prohibitam satis constat”), and in 412 a special edict of protection was issued. But the admission of Christians into the Jewish fold was punished by confiscation of goods (357), the erection of new synagogues was arrested by Theodosius II. (439) under penalty of a heavy fine, Jews were forbidden to hold Christian slaves under pain of death (423). A similar penalty attached to intermarriage between Jews and Christians, and an attempt was made to nullify all Jewish marriages which were not celebrated in accordance with Roman law. But Justinian (527-565) was the first to interfere directly in the religious institutions of the Jewish people.

In 553 he interdicted the use of the Talmud (which had then not long been completed), and the Byzantine emperors of the 8th and 9th centuries passed even more intolerant regulations. As regards civil law, Jews were at first allowed to settle disputes between Jew and Jew before their own courts, but Justinian denied to them and to heretics the right to appear as witnesses in the public courts against orthodox Christians. To Constantine V. (911-959) goes back the Jewish form of oath which in its later development required the Jew to gird himself with thorns; stand in water; and, holding the scroll of the Torah in his hand, invoke upon his person the leprosy of Naaman, the curse of Eli and the fate of Korah’s sons should he perjure himself. This was the original of all the medieval forms of oath more judaico, which still prevailed in many European lands till the 19th century, and are even now maintained by some of the Rumanian courts. Jews were by the law of Honorius excluded from the army, from public offices and dignities (418), from acting as advocates (425); only the curial offices were open to them. Justinian gave the finishing touch by proclaiming in 537 the Jews absolutely ineligible for any honour whatsoever (“honore fruantur nullo”). (4)

The Zionist Movement

The Zionist movement (see Zionism here), founded in 1895 by Theodor Herzl (q.v.) was in a sense the outcome of anti-Semitism. Its object was the foundation of a Jewish state in Palestine, but though it aroused much interest it failed to attract the majority of the emancipated Jews, and the movement has of late been transforming itself into a mere effort at colonization. Most Jews not only confidently believe that their own future lies in progressive development within the various nationalities of the world, but they also hope that a similar consummation is in store for the as yet unemancipated branches of Israel. Hence the Jews are in no sense internationally organized. The influence of the happier communities has been exercised on behalf of those in a worse position by individuals such as Sir Moses Montefiore (q.v.) rather than by societies or leagues. From time to time incidents arise which appeal to the Jewish sympathies everywhere and joint action ensues. Such incidents were the Damascus charge of ritual murder (1840), the forcible baptism of the Italian child Mortara (1858), and the Russian pogroms at various dates. But all attempts at an international union of Jews, even in view of such emergencies as these, have failed. Each country has its own local organization for dealing with Jewish questions.

In France the Alliance Israélite (founded in 1860), in England the Anglo-Jewish Association (founded in 1871), in Germany the Hilfsverein der deutschen Juden, and in Austria the Israelitische Allianz zu Wien (founded 1872), in America the American Jewish Committee (founded 1906), and similar organizations in other countries deal only incidentally with political affairs. They are concerned mainly with the education of Jews in the Orient, and the establishment of colonies and technical institutions. Baron Hirsch (q.v.) founded the Jewish colonial association, which has undertaken vast colonizing and educational enterprises, especially in Argentina, and more recently the Jewish territorial organization has been started to found a home for the oppressed Jews of Russia. All these institutions are performing a great regenerative work, and the tribulations and disappointments of the last decades of the 19th century were not all loss. The gain consisted in the rousing of the Jewish consciousness to more virile efforts towards a double end, to succour the persecuted and ennoble the ideals of the emancipated.

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See Also

  • Religion
  • Freedom of Religion
  • Morality
  • Religious Law

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Notes and References

  1. Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago
  2. Encyclpedia Britannica (11th Edition)
  3. Id.
  4. Id.
  5. Id.

See Also

  • Religion
  • Church

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