originally represented a reaction from the Pharisees, the modern men, who sympathised with the later tendencies of the Maccabees. Josephus places the origin of these two schools in the time of Jonathan, the successor of Judas Maccabee, [a 160-143 B.C.] and with this other Jewish notices agree. Jonathan accepted from the foreigner (the Syrian) the High-Priestly dignity, and combined with it that of secular ruler. But this
is not all. The earlier Maccabees surrounded themselves with a governing eldership, [b The Pepovajia, 1 Maco. xii. 6; xiii. 36; xiv. 28; Jos. Ant. xiii. 4. 9; 5. 8] [2 At the same time some kind of ruling existed earlier than at this period, if we may judge from Jos. Ant. xii 3.3.] On the coins of their reigns this is designated as the Chebher, or eldership (association) of the Jews. Thus, theirs was what Josephus designates as an aristocratic government, [a Ant. xi. 4. 8] and of which he somewhat vaguely says, that it lasted 'from the Captivity until the descendants of the Asmoneans set up kingly government.' In this aristocratic government the High-Priest would rather be the chief of a representative ecclesiastical body of rulers. This state of things continued until the great breach between Hycanus, the fourth from Judas Maccabee, and the Pharisaical party, [1 Even Ber. 48 a furnishes evidence of this 'enmity.' On the hostile relations between the Pharisaical party and the Maccabees see Hamburger, Real-Enc. ii. p. 367. Comp. Jer. Taan. iv. 5.] which is equally recorded by Josephus [b Ant. xiii. 10. 5. 6] and the Talmud, with only variations of names and details. The dispute apparently arose from the desire of the Pharisees, that Hycanus should be content with the secular power, and resign the Pontificate. But it ended in the persecution, and removal from power, of the Pharisees. Very significantly, Jewish tradition introduces again at this time those purely ecclesiastical authorities which are designated as 'the couples.' [d Jer. Maas Sheni v. end, p. 56 d Jer. Sot. ix. p. 24 a] In accordance with this, altered state of things, the name 'Chebher' now disappears from the coins of the Maccabees, and Rabbinical celebrities ('the couples' or Zugoth) are only teachers of traditionalism, and ecclesiastical authorities. The 'eldership,' which under the earlier Maccabees was called 'the tribunal of the Asmoneans.' [f Sanh 82 a; Ab. Z. 36 b.] [2 Derenbourg takes a different view, and identifies the tribunal of the Asmoneans with the Sanhedrin. This seems to me, historically, impossible. But his opinion to that effect (u. s. p. 87) is apparently contradicted at p. 93.] now passed into the Sanhedrin. [3 Schurer, following Wieseler, supposes the Sanhedrin to have been of Roman institution. But the arguments of Wieseler on this point [Beitr. zur richt. Wurd. d. Evang. p. 224] are inconclusive.] [g in the N.T also once Acts v. 21 and twice St. Luke xxii. 66; Acts xxii 5.] Thus we place the origin of this institution about the time of Hyrcanus. With this Jewish tradition fully agrees. [4 Comp. Derenbourg, u. s. p. 95.] The power of the Sanhedrin would, of course, vary with political circumstances, being at times almost absolute, as in the reign of the Pharisaic devotee-Queen, Alexandra, while at others it was shorn of all but ecclesiasticla authority. But as the Sanhedrin was in full force at the time of Jesus, its organization will claim our attention in the sequel.
After this brief outline of the origin and development of an institution which exerted such decisive influence on the future of Israel, it seems necessary similarly to trace the growth of the 'traditions of the Elders, 'so as to understand what, alas! so effectually, opposed the new doctrine of the Kingdom. The first place must here be assigned to those legal determinations, which traditionalism declared absolutely binding on all, not only of equal, but even greater obligation than Scripture itself. [5 Thus we read: 'The sayings of the elders have more weight than those of the prophets' (Jer. Ber. i. 7); 'an offence against the sayings of the Scribes is worse than one against those of Scripture' (Sanh. xi. 3). Compare also Er. 21 b The comparison between such claims and those sometimes set up on behalf of'creeds' and 'articles' (Kitto's Cyclop., 2nd ed., p. 786, col a) does not seem to me applicable. In the introduction to the Midr. on Lament, it is inferred from Jer. ix. 12, 13, that to forsake the law, in the Rabbinic sense, was worse than adolatry, uncleanness, or the shedding of blood. See generally that Introduction.] And this not illogically, since tradition was equally of Divine origin with Holy Scripture, and authoritatively explained its meaning; supplemented it; gave it application to cases not expressly provided for,
perhaps not even forseen in Biblical times; and generally guarded its sanctity by extending and adding to its provisions, drawing 'a hedge,' around its 'garden enclosed.' Thus, in new and dangerous circumstances, would the full meaning of God's Law, to its every title and iota, be elicited and obeyed. Thus also would their feet be arrested, who might stray from within, or break in from without. Accordingly, so important was tradition, that the greatest merit a Rabbi could claim was the strictest adherence to the traditions, which he had received from his teacher. Nor might one Sanhedrin annul, or set aside, the decrees of its predecessors. To such length did they go in this worship of the letter, that the great Hillel was actually wont to mispronounce a word, because his teacher before him had done so. [a Eduy. i. 3. See the comment of Maimonides.]
These traditional ordinances, as already stated, bear the general name of the Halakhah, as indicating alike the way in which the fathers had walked, and that which their children were bound to follow. [1 It is so explained in the Aruch (ed Zandau, vol. ii. p. 529, col b).] These Halakhoth were either simply the laws laid down in Scripture; or else derived from, or traced to it by some ingenious and artificial method of exegesis; or added to it, by way of amplification and for safety's sake; or, finally, legalized customs. They provided for every possible and impossible case, entered into every detail of private, family, and public life; and with iron logic, unbending rigour, and most minute analysis pursued and dominated man, turn whither he might, laying on him a yoke which was truly unbearable. The return which it offered was the pleasure and distinction of knowledge, the acquisition of righteousness, and the final attainment of rewards; one of its chief advantages over our modern traditionalism, that it was expressly forbidden to draw inferences from these traditions, which should have the force of fresh legal determinations. [2 Comp. Hamburger, u.s. p 343.]
In describing the historical growth of the Halakhah, [3 Comp. here especially the detailed description by Herzfeld (u. s. vol. iii. pp. 226, 263); also the Introduction of Maimonides, and the very able and learned works (not sufficiently appreciated) by Dr. H. S. Hirschfeld, Halachische Exegese (Berlin, 1840), and Hagadische Exegese (Berlin, 1847). Perhaps I may also take leave to refer to the corresponding chapters in my 'History of the Jewish Nation.' Similarly, the expressions in Ex. xxiv. 12 were thus explained: 'the tables of stone,' the ten commandments; the 'law,' the written Law; the 'commandments,' the Mishnah; 'which I have written,' the Prophets and Hagiographa; 'that thou mayest teach them,' the Talmud, which shows that they were all given to Moses on Sinai' (Ber. 5 a, lines 11-16). A like application was made of the various clauses in Cant. vii. 12 (Erub. 21 b). Nay, by an alternation of the words in Hos. vii. 10, it was shown that the banished had been brought back for the merit of their study (of the sacrificial sections) of the Mishnah (Vayyik R. 7).] we may dismiss in a few sentences the legends of Jewish tradition about patriarchal times. They assure us, that there was an Academy and a Rabbinic tribunal of Shem, and they speak of traditions delivered by that Patriarch to Jacob; of diligent attendance by the latter on the Rabbinic College; of a tractate (in 400 sections) on idolatry by Abraham, and of his observance of the whole traditional law; of the introduction of the three daily times of prayer, successively by Abraham, Isaac, and Jacob; of the three benedictions in the customary 'grace at meat,' as propounded by Moses, Joshua, and David and Solomon; of the Mosaic introduction of the practice of reading lessons from the law on Sabbaths, New Moons, and Feast Days, and even on the Mondays and Thursdays; and of that, by the same authority, of preaching on the three great festivals about those feasts. Further, they ascribe to Moses the arrangement of the priesthood into eight courses (that into sixteen to Samuel, and that into twenty-four to David), as also, the duration
of the time for marriage festivities, and for mourning. But evidently these are vague statements, with the object of tracing traditionalism and its observances to primaeval times, even as legend had it, that Adam was born circumcised, [a Midr. Shochar Tobh on Ps. ix. 6. ed. Warshau, p. 14 b; Abde R. Nath. 2.] and later writers that he had kept all the ordinances.
But other principles apply to the traditions, from Moses downwards. According to the Jewish view, God had given Moses on Mount Sinai alike the oral and the written Law, that is, the Law with all its interpretations and applications. From Ex. xx. 1, it was inferred, that God had communicated to Moses the Bible, the Mishnah, and Talmud, and the Haggadah, even to that which scholars would in latest times propound. In answer to the somewhat natural objection, why the Bible alone had been written, it was said that Moses had proposed to write down all the teaching entrusted to him, but the Almighty had refused, on account of the future subjection of Israel to the nations, who would take from them the written Law. Then the unwritten traditions would remain to separate between Israel and the Gentiles. Popular exegesis found this indicated even in the language of prophecy, [b Hos. viii 12;comp. Shem. R. 47.]
But traditionalism went further, and placed the oral actually above the written Law. The expression, [a Ex. xxxiv. 27.] 'After the tenor of these words I have made a covenant with thee and with Israel,' was explained as meaning, that God's covenant was founded on the spoken, in opposition to the written words, [b Jer. Chag. p. 76 d.] If the written was thus placed below the oral Law, we can scarcely wonder that the reading of the Hagiographa was actually prohibited to the people on the Sabbath, from fear that it might divert attention from the learned discourses of the Rabbis. The study of them on that day was only allowed for the purpose of learned investigation
