Chapter XIII: The Synhedrion at Jabne (1)

Foundation of the School at Jabne--Jochanan ben
Zakkai--The Last of the Herodians--Judæa and Rome--The
Tanaites--Gamaliel II. appointed Patriarch--The Power
of Excommunication--Deposition and Restoration of the
Patriarch--Steps towards Collecting the Mishna--Eliezer
ben Hyrcanus--Joshua ben Chananya--Akiba and his
System--Ishmael--Condition of the Synhedrion.

70.117 C. E.

The disastrous result of the war which had been waged against the Romans during a period of four years, the destruction of the State, the burning of the Temple, the condemnation of the prisoners to labor in the lead-works of Egypt, to be sold in the slave-markets, or to become victims in the fights with wild beasts in the arena--all these calamities came with such crushing force on the remaining Jews that they felt utterly at a loss as to what they should do. Judæa was depopulated; all who had taken up arms, whether in northern or southern, whether in cis- or trans-Jordanic Judæa, were either dead or enslaved and banished. The infuriated conquerors had spared neither the women nor the children. The third banishment--the Roman Exile (Galut Edom), under Vespasian and Titus--had commenced amid greater terror and cruelty than the Babylonian Exile under Nebuchadnezzar. Only a few were spared--those who openly or secretly sided with the Romans, partisans of Rome, who, from the very commencement, had been devoid of patriotic feelings; the friends of peace, who thought that Judaism had a different task from that of combating the Romans by force of arms, thoughtful and careful men, who looked upon a contest with Rome as national suicide; and lastly those who, through party strife, had been forced to lay down their arms and to make separate terms with the Romans. This small remnant in the land of Judæa and the Jews of Syria, who had always hoped that Titus would respect the Temple (the center of worship and religion), were moved deeply, and thrown into despair at the destruction of the sanctuary protected by God. Their despair led to various results. Some were driven to lead an ascetic life, to deny themselves meat and wine; others were led thereby to join Christianity, seeking thus to fill the void in their hearts which was caused by the cessation of burnt-offerings. Judaism was threatened by the greatest danger; deprived, as it was, of its support and rallying-point, it appeared in imminent danger of stagnation or of falling to pieces. The communities in Syria, Babylon, and Persia, in Asia Minor, Rome, and in Europe generally, had until now turned their eyes to Jerusalem and the Temple, whence they drew their instructions and laws. The only independent congregation, that of Alexandria, had become helpless through the destruction of the Temple of Onias. What was to be the future of the Jewish nation, of Judaism? The Synhedrion, which had given laws to the entire community, and had regulated its religious life, had disappeared with the fall of Jerusalem. Who would step into the breach, and render a continued existence a possibility? There now appeared a man who seemed made to save the essential doctrines of Judaism, to restore some amount of strength to the nation, so that it might continue to live, and the threatened decay be averted.

This man was Jochanan, the son of Zakkai. He labored, like the prophets during the first exile in Babylon, but by other means, to maintain the life of the Jewish nation; he reanimated its frozen limbs, and infusing fresh energy into its actions, consolidated its dispersed members into one whole. Jochanan, if not a disciple of Hillel, was yet an heir to his mind. For forty years he is said to have been a tradesman. In other cases, too, we shall see that the great leaders in Jewish history did not follow the study of the Law as a means of subsistence or of gain. During the existence of the State, Jochanan sat in the Synhedrion, or taught within the shadow of the Temple: his school at Jerusalem is said to have been an important one. He was the first man who successfully combated the Sadducees, and who knew how to refute their arguments. During the stormy days of the revolution, he, owing to his peaceful character, joined the party of peace, and on several occasions he urged the nation and the Zealots to surrender the town of Jerusalem, and to submit to the Romans. "Why do you desire to destroy the town, and to give up the Temple to the flames?" he would say to the leaders of the revolution.

Notwithstanding the respect in which he was held, his well-meant admonitions were ignored by the Zealots. The spies whom the Roman general placed in the besieged city of Jerusalem, and who reported to him what took place, did not fail to announce that Jochanan belonged to the friends of Rome, and that he counseled the chiefs to make peace. The news from the town was conveyed on small pieces of paper, which were shot on arrows into the Roman camp. Induced either by fear of the Zealots, or by the desire of obtaining a place of safety for the Law, Jochanan formed the idea of taking refuge in the camp of Titus. To depart from the town was, however, very difficult, as the Zealots kept up a constant watch; Jochanan, therefore, aided by a leader of the Zealots, named Ben-Batiach, determined to have himself conveyed out of the town as a corpse. Having been placed in a coffin he was carried out of the city gates, at the hour of sunset, by his pupils Eleazer and Joshua. Titus received the fugitive in a friendly manner, and gave him permission to make some request of him. Jochanan modestly requested that he might be permitted to establish a school at Jamnia (Jabne), where he could give lectures to his pupils. The district in which this town lay belonged to the private domains of the imperial house, to which it had been bequeathed by the last will of Salome, the sister of Herod. Titus had nothing to urge against the harmless wish of Jochanan, for he could not foresee that by this unimportant concession he was enabling Judaism, feeble as it then appeared, to outlive Rome, which was in all its vigor, by thousands of years.

Jochanan settled with his disciples in Jamnia, a city not far from the Mediterranean Sea, and situated between the port Joppa, and the former city of the Philistines, Ashdod. Jochanan was unable to settle down to his occupation for some space of time, during which the bitter strife was raging before the walls of Jerusalem, and within its streets and its Temple. When the news arrived that the city had fallen, and that the Temple was in flames, Jochanan and his disciples mourned and wailed as if they had lost a dear relative through death. Jochanan, however, unlike his followers, did not despair, for he recognized the truth that Judaism was not indissolubly bound up with its Temple and its altar. He rather consoled his mourning disciples for the loss of the place of expiation with the fitting remark that charity and love of mankind would take the place of burnt-offerings, as it is said in the Bible--"for I take pleasure in mercy and not in burnt-offerings." This liberal view of the value of burnt-offerings made it clear, however, that it was absolutely necessary for a fresh center to be established in lieu of the Temple. Jochanan therefore formed a sort of Synhedrion in Jabne, of which he was at once recognized as the President. The newly created Synhedrion was certainly not composed of seventy members, and no doubt had a totally different sphere of action from the one in Jerusalem, which during the revolution had exercised control over the most important political events. The Synhedrion of Jamnia in the first place gave to its founder plenary power in all religious matters such as the Council had possessed in Jerusalem, and with this were connected the judicial functions of a supreme court. It was only by unbounded authority that Jochanan could compass the formation and consolidation of a Synhedrion, under the unfavorable conditions of the time. Jochanan had to oppose the general opinion that the Synhedrion as a body should have control only in the hewn-stone hall of the Temple, and that outside this spot it lost its judicial character and ceased to be the representative of the nation. When, therefore, Jochanan dissociated the functions of the Synhedrion from the site of the Temple, and removed it to Jabne, he had actually released Judaism from the observance of the rite of burnt-offerings, and rendered it independent. Without any opposition whatsoever, Jabne by this means took the place of Jerusalem, and became the religious national center for the dispersed community. The important functions of the Synhedrion, by which it exercised a judicial and uniting power over the distant congregations, such as the fixing of the time for the new moon and the festivals, proceeded from Jabne. It enjoyed some of the religious privileges of the Holy City. The Synhedrion now bore the name of the Beth-Din (Court of Justice)--the President was called Rosh-beth-din, and was honored by the title of Rabban (general teacher). Jochanan gave over to the Court of Justice the supervision of arrangements for the calendar, which had formerly been one of the offices of the President. By this means the watchers who were looking out for the reappearance of the new moon needed no longer follow the President about in order to give him the information, but had only to attend the sittings of the assembly. This change was an important step, as it rendered the Synhedrion independent of the person of its President.

Jochanan made altogether nine changes, most of which affected such arrangements as had been rendered valueless through the destruction of the Temple. He, however, retained various religious customs as a remembrance of the Temple. He promoted the continuance and preservation of Judaism through the renewal of the study of the Law, and thus rendered firmer the weakened foundations of Jewish communal life. The school at Jabne he influenced through his disciples, whom he imbued with his spirit and his learning. Five of his distinguished pupils are known to us by name, but only three of them won lasting renown--Eliezer, and Joshua (who had carried Jochanan in a coffin out of Jerusalem), and also Eleazer ben Arach. The latter was the most eminent and important amongst them, and of him it was said, "If weighed in the scale, he would outweigh all his fellow-scholars." Jochanan loved to incite them to independent thought by deep-reaching questions. Thus he gave them as a theme for thought, "What should man endeavor most eagerly to obtain?" The one answered "a genial manner," the other "a noble friend," a third "a noble neighbor," the fourth "the gift of knowing in advance the result of his actions." Eleazer answered that "man's best possession is a noble heart." This remark won the approval of his master; it was an answer after his own mind, for in it all else was included.

What was the character of the teachings which Jochanan imparted to his pupils in the school? Hillel, the most respected of the teachers of the Law, the highly-honored ideal in times to come, had given to Judaism a special garb and form, or rather had given it the character of the Law, which had always been peculiar to it. He was the first to develop and confirm a special theory, a sort of Jewish theology or nomology (science of religious laws). He was the founder of Talmudic Judaism. From the midst of contending parties, which were tearing one another to pieces, Hillel had drawn the Law into the quiet precincts of the school-house, and had endeavored to bring into harmony those precepts which were apparently opposed to the Law. Those which had been considered as only customary and traditional were regarded as human laws, and were looked upon by the Sadducees as innovations. Hillel had shown these to be of Biblical origin. His seven explanatory rules, or laws of interpretation, had on the one hand confirmed the laws which had been introduced by the Sopheric and Pharisaic teachers, and on the other hand had given them new scope to develop.

The written Law (that of the Pentateuch) and the oral Law (the Sopheric) from his time ceased to be two widely sundered branches, but were brought into close relations with each other, although the new rendering certainly did violence to the words of Scripture. But as the text was explained, not on a philological basis, but in order to elucidate the laws, it was not possible to keep simply to the written words; it was necessary to interpret them so as to render them suited to the new conditions of life. Under the term Oral Law was included everything which had been handed down from the Fathers, and it formed to a certain extent a hereditary law. The various restrictions which the Sopheric teachers had placed around the Law, the legal decisions which had been introduced by the Synhedrion, the customs which had been observed from generation to generation, the extensions deduced from meager verses of the Pentateuch, all these elements were not written down, but were committed to memory. They were put into the form of short sentences, called "Halacha." They were not arranged or classified according to subjects, but were strung together without connection, or handed down separately, sometimes joined to the name of the authority from whom they were derived. A marvelous memory was needed to retain these Halachas or oral teachings. Jochanan ben Zakkai was the man who best knew these laws. He handed them down to his pupils, and pointed out to them their connection with the written law; he showed them how to draw deductions therefrom, the laws handed down being the material, and their mode of treatment the form. These deductions were obtained by two methods, the one showing how the ordinances of the Law were to be obtained from the words of Scripture (Midrash), and the other served to apply the oral Law to new questions as they arose (Talmud). Thus a fruitful field for the extension of the Law and for ingenious combinations was opened, which was later on freely cultivated. Jochanan ben Zakkai, however, thought much more of the material of the Law than of its form.

He taught not only those doctrines of Judaism which appertained to the Law, but also those portions of the Holy Scriptures which had no direct bearing on the Law. He gave lectures on the writings of the prophets and historians in the form of discourses, which had for some time past been in use both in and out of the synagogue. These lectures were either edifying, comforting, or bitter, sharp, and ironical, and applied the words of the prophets about Edom and Esau, to hated Rome and its tyranny. This kind of exposition of Scripture had a name, "Agada" or "Hagadah." Its chief subjects consisted in explaining historical events, prophetic utterances, and in bringing to mind the past, and treating of the future of Judaism. The Agada investigated the meaning of the Law, examined into the general moral truths of Judaism, deftly united the present with the past, and shadowed the present conditions of life in past experiences. The Halacha forms the chief trunk of the Law, the Midrash the suckling roots, which drew their nourishment from the words of Scripture. The Talmud formed the wide-spreading branches, and the Agada was the blossom which scented and colored the simple fabric of the laws.

In his Agadic dissertations Jochanan endeavored to illuminate the ordinances of the Law by the light of the understanding, and to combine them into general truths, but in a clear and simple manner, utterly dissimilar from the exaggerated method of the Alexandrian-Jewish teachers, who endeavored to extract the dazzling light of the Grecian mode of thought from Holy Writ.

Amongst other things, Jochanan explained very quaintly why the use of iron is forbidden in erecting an altar. Iron is the symbol of war and dissension; the altar, on the contrary, is the symbol of peace and atonement; therefore iron must be kept away from the altar. He deduced therefrom the high value of peace, the advantages of peace between man and wife, between one city and another, and between one nation and another. These were the principles which had induced him to side with the Romans against the revolutionaries. In this way he explained various laws, and rendered them comprehensible, when they seemed obscure or in any way extraordinary. Jochanan was wont to hold converse also with Pagans who had knowledge of the Jewish Law, either from the Greek translation or from their intercourse with the Jews, refuting the objections which they raised, and dispelling or making clear by suitable comparisons the peculiarities which occur in the Holy Writings.

Besides Jochanan, who was the most influential and the chief personage of his time, there was a group of teachers of the Law. They were all at an advanced age at the period of the destruction of the State, and were without doubt members of the Jamnian Synhedrion. Most of them, of whom nothing important is recorded, are known only by name. Among these were Chanina, the deputy of various High Priests (_Segan ha-Cohanim_), who has preserved for us traditions from the time of the Temple. He belonged to the lovers of peace, and exhorted his contemporaries to pray for the well-being of the ruling power (that of the Romans), "for, if no fear thereof existed, then one man would swallow another alive." Zadok, another teacher, was a disciple of Shammai, and in anticipation of the fall of the Temple he fasted for forty years, whereby he ruined his health. Nachum, the Mede, who had been previously member of a college of the Law in Jerusalem, Dossa ben Archinas, with his brother Jonathan, the latter a clear-headed and argumentative youth, and Abba Saul must also be mentioned.

Lastly, there belonged to this circle Nachum of Gimso (Emmaus), and Nechunya ben Hakana. The first has been recorded by tradition as the hero of strange adventures, and even the name of his birthplace Gimso has been explained, so as to put into his mouth the words "This also is for good" (Gam-su-l'-toba). He is represented in the world of legend as a scholar to whom many disagreeable experiences happened, all of which proved of good to him. Nachum developed a special mode of teaching, which consisted in explaining the oral law from the written text, according to certain particles which the lawgiver had purposely used as indications when drawing up the Law. These particles, according to his idea, not only served as syntactical signs in the sentences, but as signs for enlarging and diminishing the circle within which each law should work. Nachum's rules formed a new and fruitful addition to those laid down by Hillel; they were carefully cultivated and developed, and received the name "the rules of extension or exclusion" (Ribbuj-u-m'ut). Nechunya ben Hakana was, however, an opponent of Nachum's system; he approved only the explanatory rules as propounded by Hillel.

Jochanan ben Zakkai, the head not of the State but of the community, appears to have acted as a shield from a political point of view. His kindly and gentle disposition, in which he resembled Hillel, he displayed even to the heathens. It is related of him that he always greeted them in a friendly manner. Such friendliness offers a striking contrast to the hatred felt by the Zealots towards the heathens, both before and after the revolution, which increased after the destruction of the Temple. The verse (Proverbs xiv. 34), "The kindness of the nations is sin," was taken literally by the people of that time, and was specially applied to the heathen world. "The heathens may do ever so much good, yet it is accounted to them as sin, for they do it only to mock us." Jochanan alone explained this verse in a sense expressive of true humanity: "As the burnt-offering atones for Israel, so mercy and kindness atone for the heathen nations." This kindliness of Jochanan may have contributed to the result that, notwithstanding the fresh outbreaks amongst the Jews in Cyrene and Egypt, which the Emperors Vespasian and Titus had to put down, they did not persecute the Jews in any extraordinary degree. It is expressly stated in ancient records that the Roman authorities removed the contempt which formerly attached to the Jews, and that the murder of a Jew was punished by death. The personality of Jochanan may have served them as a guarantee for the peaceful disposition of the mother-country.

Hope alone gave to him and his circle of fellow-pupils and disciples fresh courage, the hope or rather the assurance that Israel should not be lost. The dreary present did not veil from him the promised and brighter future. The present was in truth sufficiently overcast. The pasture lands had been taken away from those who had survived the national disasters, and given to strangers. Thereby those who had formerly been rich had fallen into poverty. The very poorest had to pay the Jews' tax (Fiscus Judaicus). The land, which before the war had been so flourishing, was strewn with ruins. Every joy had departed from Israel; even weddings were performed in a silent manner. Jochanan described the comfortless position of the times in an address to the people. He once saw a Jewish maiden of a rich house, picking up a scanty nourishment of barley-corn from amongst the horses' hoofs. At this he exclaimed, "Unhappy nation, you would not serve God, and therefore you must serve foreign nations; you would not offer half a shekel for the Temple, and therefore you must pay thirty times as much to the State of your new enemies; you refused to keep the roads and paths in order for the pilgrims, and, therefore, you must now support the watch-lodges in the vineyards, which the Romans have seized."

Agrippa and Berenice, the remaining members of the house of Herod, who kept up close connections with those in power, appear to have contributed greatly to the alleviation of the sorrows of the conquered Jews. Princess Berenice, whose beauty seemed to bid defiance to time, long held Titus captive by her charms, and it wanted but little for the Jewish princess to become a Roman empress. The prejudice of Roman pride disturbed the project of a marriage between Titus and Berenice, and compelled the Emperor's son to break the bonds which had bound him for years. Berenice had to leave the royal palace, and probably returned to her brother in Palestine. But as Titus had not yet given up the hope of making her his wife, her voice still had weight with him, and it probably was often raised in favor of her co-religionists, to whom she was attached. The last Jewish king, Agrippa, also stood in favor with Vespasian, for the great services which he had rendered to his house. It appears that the Emperor had added Galilee to his territories; Agrippa had a Jewish governor, whom he sent alternately to the two Galilæan capitals, Tiberias and Sepphoris. To this ruler it was no doubt due that the district of Galilee recovered itself more rapidly, and became sooner repeopled than Judæa, which was governed by a Roman ruler.

The period during which Jochanan worked in his new sphere of action cannot be stated with certainty. He united in himself the qualities of the prophet Jeremiah and the prince Zerubbabel, who had been in exile. Like Jeremiah he mourned over the destruction of Jerusalem, and like Zerubbabel he unrolled a new future. Both Jochanan ben Zakkai and Zerubbabel stood at the threshold of a new epoch, both laid the foundation-stone of a new edifice in Judaism, for the completion of which the subsequent generations have worked. Jochanan died on his bed in the arms of his pupils. He had previously had a conversation with them, which gives an insight into his mind. His pupils were surprised to find their courageous master frightened and depressed in the hour of his death. He remarked that he did not fear death, but the having to appear before the Eternal Ruler, whose justice was incorruptible. He blessed his pupils before his death with these words--"May the fear of God influence your actions as much as the fear of man."

Immediately after the death of their master, his chief disciples held council as to the place where they might continue the work of teaching the Law. Most of them thought of remaining in Jabne, where there lived a circle of men acquainted with the traditions of the past. Eleazar ben Arach, the favorite pupil of Jochanan, however, insisted on removing the school to Emmaus (Gimso), a healthy and pleasant town, three geographical miles distant from Jabne. Believing that he was absolutely needful to his fellow-students, and being persuaded by his wife that they would soon follow him, he separated from them, and remained in Emmaus. Solitary and cut off from the opportunity of exchanging ideas with others, he is said to have so utterly forgotten what he once knew, that amusing anecdotes are related of his subsequent ignorance. To Arach was applied the saying, "Repair to the place of the Law, and do not fancy that thy comrades will follow thee, and that they can uphold the Law only through thee; do not rely too much on thy penetration." Whilst Arach, from whom so much was hoped, was thus forgotten, his companions continued the work of their master, and became renowned in generations to come. Gamaliel, Joshua, and Eliezer came to the fore as important personages.

It was first necessary to give a chief to the community, which, though small, was yet respected by the Jews of all countries. Gamaliel was chosen; he was the descendant of Hillel, and his ancestors had presided over the Synhedrion throughout four generations. It must have been necessary to remove political difficulties to enable the son of the man who had been concerned in the uprising against the Romans, to attain so high a rank. Gamaliel took the title Nasi (Prince--among the Romans, Patriarch). He had his seat in Jabne, and was also sufficiently versed in traditions to preside in the school. Although the town of Jabne was of first importance, the members of the new college established some schools outside of the town of Jabne, but in its neighborhood. Eliezer taught at Lydda; Joshua at Bekiin, on the plains between Jabne and Lydda; other pupils of Jochanan also opened schools; and each attracted a circle of disciples, and was called by the title Rabbi (Master). The Patriarch was called Rabban (General Master), to distinguish him from the other teachers. The Law therefore was not left unheeded after the death of the founder of the Jabne Synhedrion; it received, if possible, even more attention; but the unity which had hardly been established threatened to disappear altogether. The disputes between the adherents of the schools of Hillel and Shammai, over which blood had been shed before the destruction of the Temple, and which had only been quelled by the war of the revolution, broke out afresh, and the more severely, as the uniting influence proceeding from the Temple now no longer existed. The contentions between the schools, which extended to various practical matters, brought about wide divergence in the views with regard to the Law and life. One teacher held some things to be permissible which another forbade; and in one place things were done which were not allowed in another. Thus Judaism seemed to have two bodies of laws, or, according to the words of the Talmud--"The one Law had become two." Important questions of life, sometimes involving serious consequences, such as those concerning marriage, were affected by these differences. The younger generation, relieved from the necessity for mutual forbearance occasioned by the late war, had no very strong desire to make peace, but contested the disputed questions with great acrimony. The endeavor to terminate these quarrels, which threatened the destruction of all unity, was the life-task of Gamaliel, but his policy brought him into open collision with his friends.

Little is known of his private affairs, but this little shows him to have possessed a high moral character and a powerful mind. Gamaliel owned land, which he lent to be cultivated on condition that he received a part of the harvest. He also gave corn for sowing purposes, but when he was repaid he only accepted the lowest prices, in order to avoid even the appearance of taking interest. He displayed great tenderness to his favorite slave Tabi, whom he would willingly have set free could he have done so, and had not the Law disapproved of manumission. On the death of the slave he mourned for him as for a relative. Gamaliel appears to have had some mathematical knowledge. In fixing the new moon and the holidays dependent on it, he was guided more by astronomical calculations than by the evidence of witnesses that they had or had not seen the new moon. Such reckonings, exact even to a fraction, were handed down in the house of the Patriarch. Gamaliel often made journeys in order to visit the various congregations, to be an eye-witness of their condition, and to keep them all in order. His journeys took him over Judæa, into Galilee, and as far as Acco (Ptolemais). Although he was not of robust health, he did not spare himself the greatest exertions, when he could benefit his people. His rule as Patriarch occurred in a very troubled time, both within and without, and this circumstance caused him to insist on his dignity most strictly. His character was thereby misunderstood, and he was accused of forming selfish and ambitious plans. Gamaliel directed his chief energies to raise the patriarchal dignity that it should become the center of the Jewish community, so as to maintain by his authority the threatened unity of the Law, and the religious and moral condition of the people. In the contests between the disciples of the schools of Shammai and Hillel he decreed that votes should be taken with regard to each law in question, and that the decision should be determined by the majority of votes in the college, in order to protect by authority the threatened unity of the Law against all attacks. The desire for unity seems to have been more generally felt, the more the opposition between the two schools increased, and the more the two sets of followers, who clung to the Halachas bequeathed to them by their teachers, sought to develop their doctrines. Contemporaries did not disguise from themselves the fact that the Law might easily be subject to confusion through these differences. A fear was expressed that the time would soon come when men would refer in vain to the Holy Writings or to the Oral Law for a decision, and when one account would contradict the other. The Synhedrion of Jabne, therefore, once more subjected contested matters to discussion and decision. It began with the fundamental propositions of Hillel and Shammai, in order to fix by voting such rules as should hold good in all cases. But it was not easy to obtain unity; for three and a half years the contest is said to have lasted in the vineyards of Jabne, both parties insisting on the exclusive correctness of their own traditions--the Shammaites being especially stubborn and immovable, and, like the founder of their school, not disposed to yield. Then a voice, heard by chance (Bath-Kol), which was usually considered as a communication from heaven in difficult cases, is said to have sounded through the school-house in Jabne--a voice which said, "The teachings of both schools are the words of the living God, but practically the laws of Hillel only are to carry weight." Joshua, a man of calm disposition, alone expressed himself against any decision arrived at by the Bath-Kol. "We do not require a miraculous voice," he said, "for the Law is not given for heavenly beings, but for men, who in questionable cases can decide by taking a majority, and a miracle cannot in such cases give the decision." Eliezer also was not satisfied with the conclusion arrived at, but this opposition had only slight results. Hillel's expositions, deductions, and explanatory rules at length attained the authority due to them. As the followers of Shammai held with the Zealots, the enemies of the Romans, and the Hillelites with the peace party, the revolution was in some measure ended by this act of the Synhedrion of Jabne. But it was not intended to exercise compulsion against the Shammaites, and so entirely to reorganize their religious life according to the decision arrived at; on the contrary it permitted them to follow their own convictions. "Every man according to his choice may follow the school of Hillel or of Shammai, but the decisions of the school of Hillel shall be the only accepted interpretation of the Law." Rabbi Gamaliel watched most carefully over the union of the two parties, which was probably his work, and withstood any attempt to oppose the decisions of the Synhedrion; he was supported by the venerable Zadok, to whom he gave the place of honor at his right hand at all meetings, and who, having beheld the Temple in its glory, was considered as an authority.

There seems to have been another regulation in use besides the above, but the connection of the two is not very clear. The Patriarch of Jabne made a rule that only such persons should be admitted to the school-house whose uprightness had been proved; and for this purpose he placed a porter at the doors of the school, in order to prevent the admission of those who were unworthy. It appears that he desired to exclude such as pursued the study of the Law with wrong intentions; some, perhaps, had sought admission to the school from vanity or other ignoble motives. Two warnings, the one by Jochanan ben Zakkai, and the other by Zadok, against those who took part in the study of the Law from self-interest, appear to confirm this supposition. The former said, "If you have acquired much of the Law, do not be proud of it, for you are made for that purpose." The latter said, "Do not use the Law as a crown in order to shine with it, nor as a spade in order to dig with it." Such low ideas Gamaliel endeavored to keep out of the circle of the school.

Both arrangements, the employment of the authority of the Patriarch in maintaining the Halachic decisions, and the precautions for admitting members and disciples, met with opposition, which at first was only timidly expressed. The Patriarch endeavored to keep down contests by the use of excommunication, which he employed with great energy, and with that entire disregard of consequences which arises from deeply rooted conviction. The excommunication (Nidui) had not at that time the gloomy severity of later ages, but was of a mild form; forbidding the interdicted man to hold any close intercourse with others until he had penitently submitted to the required demands. During the interdict, which lasted at least thirty days, the sinner wore a black mourning-garb and kept several mourning observances; if he died during this period without having submitted or repented, the Court of Justice had a stone laid on his coffin. Gamaliel had the courage to excommunicate several of the most important personages of his time, whereby he made many bitter enemies. He acted thus even towards his own brother-in-law, Eliezer ben Hyrcanus. Deeply impressed by the unfortunate results which disunion must bring to Judaism, threatened as it already was by various half-Jewish, half-Christian sects, Gamaliel did not hesitate to proceed with severity against trifling offenses, in order to avoid the destruction of religious unity. There was once a discussion about an oven of peculiar structure, which a decision of the majority had pronounced liable to become unclean, like earthenware vessels. Eliezer, following a special tradition, did not wish to yield to this decision, and acted in opposition to it; at Gamaliel's instigation, Eliezer was excommunicated.

Gamaliel thought that he had united the two schools, and had brought about peace, when his power was destroyed by a man from whom he had not expected any energetic opposition. Joshua, who was of a yielding disposition, and apparently the least dangerous of the opponents of the severe Patriarch, became his worst enemy. Joshua was just as discontented with some of Gamaliel's regulations as Eliezer had been, but he did not venture to show his disapproval on account of his poor and miserable condition, and when he happened to utter any contradictory opinion he quickly withdrew it again. Gamaliel had received the report of two untrustworthy witnesses in order to fix the commencement of the month of Tishri, on which depended the dates of the chief festivals, including the Day of Atonement. Joshua showed that the Patriarch had committed an error in this act, and demanded that the college should change the date of the holiday. Gamaliel remained firm, and sent an order to Joshua that on the day which, according to Joshua's calculation, was the Day of Atonement, the latter should appear before him in workaday clothes, with his staff, knapsack, and money-bag. This dictatorial proceeding seemed so harsh to Joshua, that he complained of it to his most important colleagues, and appeared determined to oppose it. Those, however, who saw the necessity for unity persuaded him to yield. The venerable Dossa ben Harchinas convinced him that the arrangements of a religious chief must be uncontested even if they are erroneous, and that every man must follow them. Joshua allowed himself to be persuaded, and submitted to the Patriarch. His appearance filled Gamaliel with astonishment. He greeted him heartily, and said to him, "Welcome, my teacher and pupil--my teacher in wisdom, my pupil in obedience. Happy is the age in which great men obey inferior ones." But this reconciliation was not of long duration. The severe proceedings of the Patriarch had raised a hostile party against him, which began secretly to act in opposition to him. He knew of this opposition party, and referred to it in public addresses. It is related of him that his mode of opening the sittings of the Synhedrion varied. If none of his opponents were present he would ask the assembly to propound questions; if, however, any of his enemies were present he would not give this invitation. The opposition party seem therefore to have put him in a dilemma at these meetings. Gamaliel may have had reason to consider Joshua as the chief of this party, and often made him feel the power of his own higher position by offensive demeanor and severe treatment. One day the mutual ill-feeling led to an outbreak, and caused a change in the Synhedrion. The Patriarch had once again offended Joshua by his severe manner, and accused him of secret opposition to one of the Halachas. As Joshua at first denied the fact, Gamaliel was so angered that he cried out, "Then stand, so that witnesses may give evidence against you." This was the form of an indictment. The school-house was full of people, amongst whom there arose a tumult at this contemptuous treatment of a member who was respected and loved by the people. The opposition party took courage, and gave utterance to their dissatisfaction. They called out to the Patriarch, "Who is there that has not constantly felt thy severity?" The school was turned into a tribunal, and the college deposed Gamaliel on the spot from the dignity of Patriarch. With his fall ended the regulations made by him. The porter was removed from the door of the school, to which all could now gain unobstructed admission. The members of the Synhedrion immediately sought for another Patriarch, so that this important office might not be unoccupied. They had too much tact to heap fresh contumely on the late Patriarch by choosing Joshua, his chief opponent, and Eliezer, who had a claim to the honor, lay under an interdict. Akiba seemed fitted for the post by his intellect and character. He had quickly risen from ignorance and poverty, had rapidly passed the intervening steps between the degrees of pupil and master, and had obtained admiration even from the profoundest teachers of the Law. But his greatness was only of yesterday; he had no distinguished ancestors to show that he was worthy of the dignity of Patriarch. The college therefore chose a very young member, Eleazar ben Azariah, who at that time must have been only in his sixteenth year. The choice was made on account of his noble descent from a long line of ancestors, which reached to Ezra, the regenerator of Judaism, a further motive for his election being his immense riches and the consideration in which he was held by the Roman authorities. Eleazar was not wanting in character and understanding, and was therefore considered worthy to succeed Gamaliel.

This deposition and election had great results, and the day on which these events took place was considered of such importance by after-comers that it was known by the simple designation, "that day." It seems that the college of the Synhedrion, perhaps on the suggestion of Joshua, again revised those laws which, through the influence of Gamaliel, had been decided according to the spirit of the school of Hillel. The college, which at that time consisted of the extraordinary number of seventy-two members, therefore undertook the revision of one-sided laws, and examined those who were in possession of traditions. More than twenty persons are recorded to have given testimony before the college as to the traditions which had been handed down. In many points the majority of the college took middle ground between the opposing doctrines of the schools of Shammai and Hillel, and they decided "neither like the one nor like the other." With regard to other contested questions it appeared that Hillel himself, or his school, had renounced their own views, and had been inclined to follow the Shammaites. The witnesses with regard to the Halachas seem to have been formally examined, and perhaps their evidence was even written down. The testimony of witnesses on this day bears the name Adoyot (evidence of witnesses), or Bechirta (best choice), and the code drawn up is without doubt the earliest collection. One recognizes in its contents the ancient and primitive form of the traditions. The laws are put together quite promiscuously, and without any other connection than the name of the person who handed them down.

The day of the assembly of witnesses was also of general importance, on account of two questions which were discussed. The first question arose thus. A heathen of Ammonite descent came before the meeting, asking whether he could be legally accepted as a proselyte. Gamaliel had turned him away with the sentence of the written law, "Moabites and Ammonites may not be received into the congregation of God, even in the tenth generation." The disputants treated the question with warmth, and Gamaliel endeavored to have his view carried. Joshua, however, carried his view that the sentence of the Law no longer applied to those times, as, through the aggressions of their conquerors, all nations had become mixed together and confused beyond recognition. The second question concerned the holiness of the two writings ascribed to King Solomon, Ecclesiastes (Kohelet), and the Song of Songs (Shir Hashirim). The school of Shammai had not recognized them as holy. This old contest was now taken up by the College of Seventy-two, which had not approved of the decisions of Hillel, but it is not clearly known with what result. Later on these Halachas were included in the collection (Canon) of the Holy Writings, after which the Canon was completed and several writings in the Hebrew language were rejected as Apocrypha, such as the proverbs of Sirach, the first book of the Maccabees, and several others.

It is a noble characteristic of Gamaliel, which his contemporaries readily recognized, that notwithstanding the many insults he received on "that day," he did not for one moment feel a desire, from petty revenge, to retire from his office of teacher. He took part in the discussions as before, little prospect as there was for him to carry through his ideas in the midst of an assemblage which was so opposed to him. But in the eager controversies of the day he no doubt became convinced that his great severity had estranged the others from him, and that he had thereby suppressed many a true opinion; he felt his courage broken and he determined to yield. He therefore went to the most respected members of the Synhedrion, to apologize for his offensive demeanor. He visited his chief opponent, Joshua, who was following his handicraft of needle-making. Gamaliel, who had grown up in riches, could not suppress his surprise at seeing so learned a man engaged in such heavy work, and said, "Is it thus thou makest thy living?" Joshua took the opportunity frankly to put before him the indifference shown to the sad condition of several worthy men--"It is bad enough," said Joshua, "that thou hast only just discovered it. Woe to the age, whose leader thou art, that thou dost not know of the cares of the learned and what difficulty they have to support themselves." Joshua had uttered the same reproach when Gamaliel had admired his astronomical knowledge; he had modestly repudiated his admiration, and pointed out two pupils who possessed distinguished mathematical attainments, but who hardly had bread and clothes. Gamaliel at last besought his enraged opponent to forgive him, out of consideration for the highly honored house of Hillel. Joshua thereupon expressed himself as satisfied, and promised to work for Gamaliel's reinstatement in the position of Patriarch. The next step was to induce the newly-elected Nasi to give up his dignity, upon which he had only just entered. There was a certain amount of delicacy in making the suggestion to him. Akiba, who was ever ready to be of service, undertook the delicate commission, the execution of which, however, was not made at all difficult for him. For hardly had Eleazar, the newly-elected Patriarch, heard that peace was made between Gamaliel and his chief enemy, than he was immediately prepared to return to private life; he even offered to pay a visit to Gamaliel, attended by the whole College. The arrangement made between the Patriarch and Eleazar was that the former should always preside for the first two weeks, and hold the classes, and that the latter, as Vice-President, should do the same in the third week.

In this way the strife ended; it had arisen neither from ambition nor pride, but only from an erroneous view of the Patriarch's functions. These disagreements were soon forgotten, and thenceforward Gamaliel lived in peace with the members of the Synhedrion. Perhaps the position of affairs under the Emperor Domitian had diverted the public attention from internal matters, and caused the necessity for union to be felt, in order to avert the dangers which threatened from without.

Gamaliel represented in this circle of scholars that desire for unity and authority which might regulate from one center the entire religious and national life of the people. His brother-in-law, Eliezer, son of Hyrcanus, represented the other party, namely, those who maintained their own views and refused to submit to universally binding enactments. From his earliest youth Eliezer had devoted himself to the acquirement of Halachas, and these he impressed so firmly on his memory that, as he himself said, not a grain of them should be lost. His teacher, Jochanan, therefore called him "a sealed cistern which lets no drop pass." It was in accordance with this method that Eliezer taught at Lydda (Diospolis), a place which had formerly been a race-course. When he was questioned as to a law, he either replied as he had been taught by his teachers, or openly acknowledged "I do not know; I have not been told." During his stay once in Cæsarea Philippi in Upper Galilee, thirty questions were put to him for decision, to which he replied, "To twelve of these I can give the decision which has been handed down to me; for the other eighteen I have no tradition." Being asked whether he only taught what had been handed down to him, he replied, "You compel me now to impart something which has not been communicated to me; for know that in my whole life I have never taught a single word which has not been handed down to me by my teachers." In order to escape troublesome questions which he did not know how to answer, he would put cross-questions from which could be seen his disinclination to discuss the matter. He was once asked whether an illegitimate child could succeed to property, and he asked in return, "Whether it would be legally considered as a brother." To the question whether one might paint a house white after the destruction of the Temple, he put the cross-question whether one would paint a grave, thus keeping firm to his rule never to pronounce a decision which had not been made certain to him by oral tradition. To the keenest deductions he usually opposed the simple reply, "I have not heard it." In order to maintain this peculiar view, he seems to have impressed on his pupils, "Keep your children from searching (Higayon); let them rather be brought up on the knees of the wise."

Eliezer was therefore the conservative element in the Synhedrion; he was the organ of tradition, which retained the Halachas precisely as it received them; he was the "sealed cistern" which did not permit one drop of water to run away, nor one fresh drop to find entrance. His contemporaries and successors gave him the honored name of "Sinai," a living tablet of the Law, inscribed with unchangeable precepts. Greatly as he was respected, however, as a faithful keeper of the traditional Law, he nevertheless was somewhat isolated on account of his clinging exclusively to traditions. His colleagues had gone too far on the road pointed out by Hillel to be satisfied with merely keeping the Law; they desired also to extend and develop it. Eliezer necessarily came into collision with the tendency of the times. He was most strongly opposed to his brother-in-law, Gamaliel, and his method of exclusion in striving for unity. On the one side was authority supported by a powerful will, which kept down any revolt against the law adopted; and on the other side was the secure knowledge which finds its sanction in the past. Such opposites could not be easily reconciled, nor was Eliezer the man to give up his convictions. He was in fact reproached for his unbending character, which refused to submit to others, and which made him express his opinions in harsh terms. The respect which was felt for him personally made it difficult to inform him of the fact that he was excommunicated, but Akiba once more undertook the office of conveying the unpleasant news. Dressed in black, he went to Eliezer and gently broke to him the sentence, and addressed him in these words, "It appears to me that thy comrades shun thee." Eliezer understood the hint, and took the blow without murmuring; he submitted to the excommunication, and lived apart from his friends. He took only a distant interest in the discussions pursued in Jamnia. When he heard any important decision, he used to look among the treasures of the Halachas in order to confirm or dispute it.

Without exercising any influence over affairs or taking part in the development of the Law, Eliezer lived his last years in flourishing material circumstances, but in a dreary state of mind. In his misery he gave utterance to a sentence which is in marked contrast to the sentiments of his comrades. "Warm thyself," he said, "at the fire of the wise, but beware of the coals that thou dost not burn thyself, for their bite is as that of the jackal, their sting like the scorpion's, their tongues like the tongues of snakes, and their words are burning coals." These are the bitter words of a pained spirit, but they do not deny to his opponents a measure of justification.

A striking contrast to the stubbornness of Eliezer, and the no less unbending despotism of Gamaliel, is offered by Joshua ben Chananya. He was the yielding, pliable, peaceable element in this newly constituted Jewish body. He protected the Law and the people from one-sided and exaggerated ideas, and became the promoter of the study of the Law and the benefactor of his people. As a young Levite of the choir he had seen the glory of the Temple, and had sung the psalms in its halls. Together with his teacher he had left Jerusalem, and after the death of the latter had founded a school in Bekiin. Here he taught his pupils, and carried on the humble handicraft of making needles, by which he maintained his family. Through his twofold occupation Joshua was brought into communication both with scholars and the common people; and he endeavored to unite the two, and was the only man who possessed power over the minds and will of the masses. He was personally so ugly that an empress's daughter once asked him how it was so much wisdom was incorporated in so ugly a form. Whereupon Joshua answered that wine was not kept in casks of gold.