Hebraic Literature; Translations from the Talmud, Midrashim and Kabbala

vii. 19), "My son, give, I pray thee, glory to the Lord God of Israel,

Chapter 134,174 wordsPublic domain

and make confession unto him," etc. "And Achan answered Joshua and said, Indeed I have sinned." But where are we taught that his confession was his atonement? Where it is said (Ibid., v. 25), "And Joshua said, Why hast thou troubled us? The Lord shall trouble thee this day;" as if to say, "This day thou shalt be troubled, but in the world to come thou shalt not be troubled.") About four yards from the stoning-place they stripped off the criminal's clothes, covering a male in front, but a female both before and behind. These are the words of Rabbi Yehudah; but the sages say a man was stoned naked, but not a female.

The stoning-place was twice the height of a man, and this the criminal ascended. One of the witnesses then pushed him from behind, and he tumbled down upon his chest. He was then turned over upon his back: if he was killed, the execution was complete; but if not quite dead, the second witness took a heavy stone and cast it upon his chest; and if this did not prove effectual, then the stoning was completed by all present joining in the act; as it is said (Deut. xvii. 7), "The hands of the witnesses shall be first upon him to put him to death, and afterward the hands of all the people."

"Criminals who were stoned dead were afterward hanged." These are the words of Rabbi Eliezer; but the sages say none were hanged but the blasphemer and the idolater. "They hanged a man with his face toward the people, but a woman with her face toward the gallows." These are the words of Rabbi Eliezer; but the sages say a man is hanged, but no woman is hanged.... How then did they hang the man? A post was firmly fixed into the ground, from which an arm of wood projected, and they tied the hands of the corpse together and so suspended it. Rabbi Yossi says, "The beam simply leaned against a wall, and so they hung up the body as butchers do an ox or a sheep, and it was soon afterward taken down again, for if it remained over night a prohibition of the law would have been thereby transgressed." For it is said (Deut. xxi. 23), "His body shall not remain all night upon the tree, but thou shalt in any wise bury him that day; for he that is hanged is accursed of God," etc. That is to say, people would ask why this one was hanged; and as the reply would needs be, "Because he blasphemed God," this would lead to the use of God's name under circumstances in which it would be blasphemed.

The sentence of burning was carried out thus:--They fixed the criminal up to his knees in manure, and a hard cloth wrapped in a softer material was passed round his neck. One of the witnesses, taking hold of this, pulled it one way, and another the other, until the criminal was forced to open his mouth; then a wick of lead was lighted and thrust into his mouth, the molten lead running down into his bowels and burning them. Rabbi Yehudah asks, "If the criminal should die in their hands, how would that fulfill the commandment respecting burning?" But they forcibly open his mouth with a pair of tongues and the lighted wire (the molten lead) is thrust into his mouth, so that it goes down into his bowels and burns his inside.

The sentence of beheading was executed thus:--They sometimes cut off the criminal's head with a sword, as is done among the Romans. But Rabbi Yehudah says this was degrading, and in some cases they placed the culprit's head upon the block and struck it off with an ax. Some one remarked to him that such a death is more degrading still.

The sentence of strangling was carried out thus:--They fixed the criminal up to his knees in manure, and having twined a hard cloth within a soft one round his neck, one witness pulled one way and the other pulled in an opposite direction till life was extinct.

_Sanhedrin_, fol. 42, col. 2; fol. 49, col. 2; fol. 52, cols. 1, 2.

The above, which has been translated almost literally from the Talmud, may serve to remove many misconceptions now current as to the modes of capital punishment that obtained in Jewry.

In further illustration of this topic, we will append some of the legal decisions that are recorded in the Talmud, authenticating each by reference to folio and column. Examples might be multiplied by the score, but a sufficient number will be quoted to give a fair idea of Rabbinic jurisprudence.

If one who intends to kill a beast (accidentally) kill a man; or if, purposing to kill a Gentile, he slay an Israelite; or if he destroy a foetus in mistake for an embryo, he shall be free; i.e., not guilty.

Ibid., fol. 78, col. 2.

He who has been flogged and exposes himself again to the same punishment is to be shut up in a narrow cell, in which he can only stand upright, and be fed with barley till he burst.

Ibid., fol. 81, col. 2.

If one commits murder, and there is not sufficient legal evidence, he is to be shut up in a narrow cell and fed with "the bread of adversity and the water of affliction" (Isa. xxx. 20). They give him this diet till his bowels shrink, and then he is fed with barley till (as it swells in his bowels) his intestines burst.

Ibid.

A woman who is doomed, being _enceinte_, to suffer the extreme penalty of the law, is first beaten, about the womb, lest a mishap occur at the execution.

_Erachin_, fol. 7, col. 1.

If a woman who has vowed the vow of a Nazarite drink wine or defile herself by contact with a dead body (see Num. vi. 2-6), she is to undergo the punishment of forty stripes.

_Nazir_, fol. 23, col. 1.

The Rabbis teach that when the woman has to be flogged, the man has only to bring a sacrifice; and that if she is not to be flogged, the man is not required to bring a sacrifice. (This is in reference to Lev. xix. 20, 21.)

_Kerithoth_, fol. 11, col. 1.

Rav Yehudah says, "He that eats a certain aquatic insect, the swallowing of which while drinking would involve no penalty whatever--Tosefoth, receives forty stripes save one (the penalty for transgressing the negative precepts), for it belongs to the class of 'creeping things that do creep upon the earth' (Lev. xi. 29)." Rav Yehudah once gave a practical exemplification of this ruling of his.

Abaii says, "He that eats a particular animalcule found in stagnant water, receives four times forty stripes save one. For eating an ant this penalty is five times repeated, and for eating a wasp it is inflicted six times."

_Maccoth_, fol. 16, col. 2.

When one is ordered to construct a booth, or to prepare a palm-branch for the Feast of Tabernacles, or to make fringes, and does not do so, he is to be flogged till his soul comes out of him.

_Chullin_, fol. 132, col. 2.

Once on a time, as the Rabbis relate, the wicked Government sent two officers to the wise men of Israel, saying, "Teach us your law." This being put into their hands, three times over they perused it; and when about to leave they returned it, remarking, "We have carefully studied your law, and find it equitable save in one particular. You say: When the ox of an Israelite gores to death the ox of an alien, its owner is not liable to make compensation; but if the ox of an alien gore to death the ox of an Israelite, its owner must make full amends for the loss of the animal; whether it be the first or second time that the ox has so killed another (in which case an Israelite would have to pay to another Israelite only half the value of the loss), or the third time (when he would be fined to the full extent of his neighbor's loss). Either 'neighbor' (in Exod. xxi. 35, for such the word signifies in the original Hebrew, though the Authorized Version has another) is taken strictly as referring to an Israelite only, and then an alien should be exempted as well; or if the word 'neighbor' is to be taken in its widest sense, why should not an Israelite be bound to pay when his ox gores to death the ox of an alien?" "This legal point," was the answer, "we do not tell the Government." As Rashi says in reference to the preceding Halacha, "an alien forfeits the right to his own property in favor of the Jews."

_Bava Kama_, fol. 38, col. 1.

Ptolemy, the king (of Egypt), assembled seventy-two elders of Israel and lodged them in seventy-two separate chambers, but did not tell them why he did so. Then he visited each one in turn and said, "Write out for me the law of Moses your Rabbi." The Holy One--blessed be He!--went and counseled the minds of every one of them, so that they all agreed, and wrote, "God created in the beginning," etc.

_Megillah_, fol. 9, col. 1.

The Talmudic story of the origin of the Septuagint agrees in the main with the account of Aristeas and Josephus, but Philo gives the different version. Many of the Christian fathers believed it to be the work of inspiration.

Abraham was as tall as seventy-four people; what he ate and drank was enough to satisfy seventy-four ordinary men, and his strength was proportionate.

_Sophrim_, chap. 21, 9.

The venerable Hillel had eighty disciples, thirty of whom were worthy that the Shechinah should rest upon them, as it rested upon Moses our Rabbi; and thirty of them were worthy that the sun should stand still (for them), as it did for Joshua the son of Nun; and twenty of them stood midway in worth. The greatest of all of them was Jonathan ben Uzziel, and the least of all was Rabbi Yochanan ben Zacchai. It is said of Rabbi Yochanan ben Zacchai that he did not leave unstudied the Bible, the Mishna, the Gemara, the constitutions, the legends, the minutiae of the law, the niceties of the scribes, the arguments _à fortìori_ and from similar premises, the theory of the change of the moon, the Gematria, the parable of the unripe grapes and the foxes, the language of demons, of palm-trees, and of ministering angels.

_Bava Bathra_, fol. 134, col. 1.

A male criminal is to be hanged with his face toward the people, but a female with her face toward the gibbet. So says Rabbi Eliezer; but the sages say the man only is hanged, not the woman. Rabbi Eliezer retorted, "Did not Simeon the son of Shetach hang women in Askelon?" To this they replied, "He indeed caused eighty women to be hanged, though two criminals are not to be condemned in one day."

_Sanhedrin_, fol. 45, col. 2.

We may here repeat the story of the execution of the eighty women here alluded to, as that is told by Rashi on the preceding page of the Talmud. Once a publican, an Israelite but a sinner, and a great and good man of the same place, having died on the same day, were about to be buried. While the citizens were engaged with the funeral of the latter, the relations of the other crossed their path, bearing the corpse to the sepulchre. Of a sudden a troop of enemies came upon the scene and caused them all to take to flight, one faithful disciple alone remaining by the bier of his Rabbi. After a while the citizens returned to inter the remains they had so unceremoniously left, but by some mistake they took the wrong bier and buried the publican with honor, in spite of the remonstrance of the disciple, while the relatives of the publican buried the Rabbi ignominiously. The poor disciple felt inconsolably distressed, and was anxious to know for what sin the great man had been buried with contempt, and for what merit the wicked man had been buried with such honor. His Rabbi then appeared to him in a dream, and said, "Comfort thou thy heart, and come I will show thee the honor I hold in Paradise, and I will also show thee that man in Gehenna, the hinge of the door of which even now creaks in his ears. (Which were formed into sockets for the gates of hell to turn in.) But because once on a time I listened to contemptuous talk about the Rabbis and did not check it, I have suffered an ignoble burial, while the publican enjoyed the honor that was intended for me because he once distributed gratuitously among the poor of the city a banquet he had prepared for the governor, but of which the governor did not come to partake." The disciple having asked the Rabbi how long this publican was to be thus severely treated, he replied, "Until the death of Simeon the son of Shetach, who is to take the publican's place in Gehenna." "Why so?" "Because, though he knows there are several Jewish witches in Askelon, he idly suffers them to ply their infernal trade and does not take any steps to extirpate them." On the morrow the disciple reported this speech to Simeon the son of Shetach, who at once proceeded to take action against the obnoxious witches. He engaged eighty stalwart young men, and choosing a rainy day, supplied each with an extra garment folded up and stowed away in an earthern vessel. Thus provided, they were each at a given signal to snatch up one of the eighty witches and carry her away, a task they would find of easy execution, as, except in contact with the earth, these creatures were powerless. Then Simeon the son of Shetach, leaving his men in ambush, entered the rendezvous of the witches, who, accosting him, asked, "Who art thou?" He replied, "I am a wizard, and am come to experiment in magic." "What trick have you to show?" they said. He answered, "Even though the day is wet, I can produce eighty young men all in dry clothes." They smiled incredulously and said, "Let us see!" He went to the door, and at the signal the young men took the dry clothes out of the jars and put them on, then starting from their ambush, they rushed into the witches' den, and each seizing one, lifted her up and carried her off as directed. Thus overpowered, they were brought before the court, convicted of malpractices and led forth to execution.

_Sanhedrin_, fol. 44, col. 2.

(Exod. xxiii. 35), "And I will take away sickness from the midst of thee." It is taught that sickness (Machlah) means the bile. But why is it termed Machlah? Because eighty-three diseases are in it. Machlah by Gematria equals eighty-three; and all may be avoided by an early breakfast of bread and salt and a bottle of water.

_Bava Kama_, fol. 92, col. 2.

If in a book of the law the writing is obliterated all but eighty-five letters--as, for instance, in Num. x. 35, 36, "And it came to pass when the ark set forward," etc.,--it may be rescued on the Sabbath from a fire, but not otherwise.

_Shabbath_, fol. 116, col. 1.

Elijah said to Rabbi Judah the brother of Rav Salla the Pious, "The world will not last less than eighty-five jubilees, and in the last jubilee the son of David will come."

_Sanhedrin_, fol. 97, col 2.

There was not a single individual in Israel who had not ninety Lybian donkeys laden with the gold and silver of Egypt.

_Bechoroth_, fol. 5, col. 2.

(2 Sam. xix. 35), "Can thy servant taste what I eat or what I drink?" From this we learn that in the aged the sense of taste is destroyed.... Rav says, "Barzillai the Gileadite reports falsely, for the cook at the house of Rabbi (the Holy) was ninety-two years old, and yet could judge by taste of what was cooking in the pot."

_Shabbath_, fol. 152, col. 1.

Rava said, "Life, children, and competency do not depend on one's merit, but on luck; for instance, Rabbah and Rav Chasda were both righteous Rabbis; the one prayed for rain and it came, and the other did so likewise with the like result; yet Rav Chasda lived ninety-two years and Rabbah only forty. Rav Chasda, moreover, had sixty weddings in his family during his lifetime, whereas Rabbah had sixty serious illnesses in his during the short period of his life. At the house of the former even the dogs refused to eat bread made of the finest wheat flour, whereas the family of the latter were content to eat rough bread of barley and could not always obtain it." Rava also added, "For these three things I prayed to Heaven, two of which were and one was not granted unto me. I prayed for the wisdom of Rav Hunna and for the riches of Rav Chasda, and both these were granted unto me; but the humility and meekness of Rabbah, the son of Rav Hunna, for which I also prayed, was not granted."

_Moed Katon_, fol. 28, col. 1.

The judges who issued decrees at Jerusalem received for salary ninety-nine manahs from the contributions of the chamber.

_Kethuboth_, fol. 105, col. 1.

Ninety-nine die from an evil eye for one who dies in the usual manner.

_Bava Metzia_, fol. 107, col. 2.

The Rabbis have taught us who they are that are to be accounted rich. "Every one," says Rabbi Meir, "who enjoys his riches." But Rabbi Tarphon says, "Every one who has a hundred vineyards and a hundred fields, with a hundred slaves to labor in them." Rabbi Akiva pronounces him well off who has a wife that is becoming in all her ways.

_Shabbath_, fol. 25, col. 2.

A light for one is a light for a hundred.

Ibid., fol. 122, col. 1.

When a Gentile lights a candle or a lamp on the Sabbath-eve for his own use, an Israelite is permitted to avail himself of its light, as a light for one is a light for a hundred; but it is unlawful for an Israelite to order a Gentile to kindle a light for his use.

A hundred Rav Papas and not one (like) Ravina!

A hundred zouzim employed in commerce will allow the merchant meat and wine at his table daily, but a hundred zouzim employed in farming will allow their owner only salt and vegetables.

_Yevamoth_, fol. 63, col. 1.

A hundred women are equal to only one witness (compare Deut. xvii. 6 and xix. 15).

Ibid., fol. 88, col. 2.

If song should cease, a hundred geese or a hundred measures of wheat might be offered for one zouz, and even then the buyer would refuse paying such a sum for them.

_Soteh_, fol. 48, col. 1.

Rav says, "The ear that often listens to song shall be rooted out." Music, according to the idea here, raises the price of provisions. Do away with music and provisions will be so abundant that a goose would be considered dear at a penny. Theatres and music-halls are abominations to orthodox Jews, and the Talmud considers the voice of a woman to be immoral.

When Rabbi Zira returned to the land of Israel he fasted a hundred times in order that he might forget the Babylonian Talmud.

_Bava Metzia_, fol. 85, col. 1.

This passage, as also that on another page, will appear surprising to many a reader, as we confess it does to ourselves. We must, however, give the Talmud great credit for recording such passages, and also the custodians of the Talmud for not having expunged them from its pages.

"Ye shall hear the small as well as the great" (Deut. i. 17). Resh Lakish said, "A lawsuit about a prutah (the smallest coin there is) should be esteemed of as much account as a suit of a hundred manahs."

_Sanhedrin_, fol. 8, col. 1.

Rav Yitzchak asks, "Why was Obadiah accounted worthy to be a prophet?" Because, he answers, he concealed a hundred prophets in a cave; as it is said (1 Kings xviii. 4), "When Jezebel cut off the prophets of the Lord, Obadiah took a hundred prophets and hid them by fifty in a cave." Why by fifties? Rabbi Eliezer explains, "He copied the plan from Jacob, who said, 'If Esau come to one company and smite it, then the other company which is left may escape.'" Rabbi Abuhu says, "It was because the caves would not hold any more."

_Sanhedrin_, fol. 39, col. 2.

"And it came to pass after these things that God did test Abraham" (Gen. xxii. 1). After what things? Rabbi Yochanan, in the name of Rabbi Yossi ben Zimra, replies, "After the words of Satan, who said, 'Lord of the Universe! Thou didst bestow a son upon that old man when he was a hundred years of age, and yet he spared not a single dove from the festival to sacrifice to Thee.' God replied, 'Did he not make this festival for the sake of his son? and yet I know he would not refuse to sacrifice that son at my command.' To prove this, God did put Abraham to the test, saying unto him, 'Take now thy son;' just as an earthly king might say to a veteran warrior who had conquered in many a hard-fought battle, 'Fight, I pray thee, this severest battle of all, lest it should be said that thy previous encounters were mere haphazard skirmishes.' Thus did the Holy One--blessed be He!--address Abraham, 'I have tried thee in various ways, and not in vain either; stand this test also, for fear it should be insinuated that the former trials were trivial and therefore easily overcome. Take thy son.' Abraham replied, 'I have two sons.' 'Take thine only son.' Abraham answered, 'Each is the only son of his mother.' 'Take him whom thou lovest.' 'I love both of them,' said Abraham. 'Take Isaac.' Thus Abraham's mind was gradually prepared for this trial. While on the way to carry out this Divine command Satan met him, and (parodying Job iv. 2-5) said, 'Why ought grievous trials to be inflicted upon thee? Behold thou hast instructed many, and thou hast strengthened the weak hands. Thy words have supported him that was falling, and now this sore burden is laid upon thee.' Abraham answered (anticipating Ps. xxvi. 11), 'I will walk in my integrity.' Then said Satan (see Job iv. 6), 'Is not the fear (of God) thy folly? Remember, I pray thee, who ever perished being innocent?' Then finding that he could not persuade him, he said (perverting Job iv. 12), 'Now a word came to me by stealth. I overheard it behind the veil (in the Holy of Holies above). A lamb will be the sacrifice, and not Isaac.' Abraham said, 'It is the just desert of a liar not to be believed even when he speaks the truth.'"

_Sanhedrin_, fol. 89, col. 2.

It is better to have ten inches to stand upon than a hundred yards to fall.

_Avoth d' Rab. Nathan_, chap. 1.

When Israel went up to Jerusalem to worship their Father who is in heaven, they sat so close together that no one could insert a finger between them, yet when they had to kneel and to prostrate themselves there was room enough for them all to do so. The greatest wonder of all was that even when a hundred prostrated themselves at the same time there was no need for the governor of the synagogue to request one to make room for another.

Ibid., chap. 35.

A man is bound to repeat a hundred blessings every day.

_Menachoth_, fol. 43, col. 2.

This duty, as Rashi tells us, is based upon Deut. x. 12, altering the word what into a hundred, by the addition of a letter.

This is what the so-called Pagan Goethe, intent on self-culture as the first if not the final duty of man, makes Serlo in his "Meister" lay down as a rule which one should observe daily. "One," he says, "ought every day to hear a little song, read a good poem, see a fine picture, and, if possible, speak a few reasonable words." The contrast between this advice and that of the Talmud here and elsewhere is suggestive of reflections.

He who possesses one manah may buy, in addition to his bread, a litra of vegetables; the owner of ten manahs may add to his bread a litra of fish; he that has fifty manahs may add a litra of meat; while the possessor of a hundred may have pottage every day.

_Chullin_, fol. 84, col. 1.

Ben Hey-Hey said to Hillel, "What does this mean that is written in Mal.