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Mantel NatureGreatSynagogue 1967
Mantel NatureGreatSynagogue 1967
Mantel NatureGreatSynagogue 1967
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access to The Harvard Theological Review
HUGO MANTEL
BAR ILAN UNIVERSITY, ISRAEL
ellation
Since is toare
penalties benormally
administered
imposedby the .Hazan
by courts, of thethat
he concludes Keneset.21
the Keneset here can refer only to a court. But Finkelstein's
premise is not beyond question. In the days of the Second
Temple, the city courts had no monopoly on passing sentences.
The Pharisees, like the other sects, sat in judgment over members
who strayed from the path. Among the Essenes 22 and/or the
Damascene 23 and Qumran 24 sect (or sects), the Rabbim judged
DUPONT SOMMER (The Essene Writings from Qumran, trans. from French), 85ff.
See especially note i (ed. GASTER, p. 49, however, renders rabbim as "publicly").
' S. LIEBERMAN, JBL 71(1952), 199-206, especially 2ol, 203.
' See H. MANTEL, Studies in the History of the Sanhedrin (Cambridge, Mass.),
30, end of note 175; 96-98.
' See above, note 8. The Gospels (Matt. Io:17, 23:34; Mark 13:9; Acts 22:19)
corroborate the Mishnah's report that floggings took place in the Synagogues. In
two of these passages (Matt. io:17; Mark 13:9) the first impression is that the
synagogues merely administered the flogging which had been pronounced by "the
Sanhedrins" (that is, courts). S. KRAUSS (Synagogale Altertumer [Berlin-Vienna,
1922], 186) suggests that this arrangement belongs to a transition period.
However, the other three authorities mentioned in these passages, namely,
Sanhedrins, kings and rulers are independent judicial bodies, so that we should
assume the same for the synagogues. It seems that minor transgressions, namely
those which call for flogging (See M. Sanh. I, 2), were tried and punished by a
court situated in the synagogues. See below, 16.
' FINKELSTEIN, Op. cit., 53-54.
'A. BERLINER, Targum Onkelos (Berlin, 1884), II, 224-25.
'See A. SPERBER, The Bible in Aramaic (Leiden, 1956), on Ex. 21:24 (124);
II
Keneset (a cognate
" M. Demai term
II, 3; Tos. forII,.Haburah)
Demai goes
2, p. 47; ed. back to pre-Maccabean
LIEBERMAN, 68. For a bibliog-times.
raphy on the meaning of "Pharisees," S. W. BARON, A Social and Religious History
of the Jews, 2nd rev. ed. (1958), vol. I, 369, note 3. For other views, see S. ZEITLIN,
The Rise and Fall of the Judaean State (Philadelphia, 1962), iof.; L. FINKELSTEIN,
The Pharisees, 3rd ed. (Philadelphia, 1962), 76.
LIEBERMAN'S correction (Tosefta Ki-Feshu.tah, Zera'im I, 210) of Tos. Demai
II, 2 from "ha-Melkabel" to "u-MeKabel" does not result in the elimination of the
class of the Ne'emanim. For the Mishnah (Demai II, 2) distinctly reports the
existence of the class of Ne'eman. The corrected version rather refers to someone
who assumes the obligations of Ne'eman and .Haber at once (ibid., 209). In either
versionasthe
himself, Tosefta
follows: first enumerates the four things with which the .Haber obligates
(1) He will not give Terumah to an 'Am ha-'Aretz;
(2) nor tithes to an 'Am ha-'Aretz; and
(3) he will not fix foods requiring levitical purity in the company of the 'Am
ha-'Aretz. These three prohibitions are based on the suspicion that the 'Am ha-
'Aretz will defile the produce. In principle, then, these prohibitions are identical to
the first two prohibitions which the HIaber assumes according to the Mishnah
(Demai II, 3) "that he will not sell to an 'Am ha-'Aretz foodstuffs that are (i)
wet or (2) dry," for the latter will defile them. The Tosefta concludes with the
assumption of the IHaber (4) that he will eat profane food in a state of Levitical
purity. (In the above Mishnah this is specified by two cases: (3) "that he may
not be the guest of an 'Am ha-'Aretz (4) nor may he receive him as a guest in his
own raiment.") Apparently, as LIEBERMAN points out (ibid., 4-5), the general rule
The superior
permission status
to be the of of
guest the
an.Haber is illustrated
'Am ha-'Aretz appliesby thetofact
only that R. Judah's
the Ne'eman, but
not to the Haber. The versions of the Tosefta which do not follow Lieberman's
corrections place the HIaber first because of his superior position, for the Haber
represents the final stage of the ascent.
54M. Demai II, 2; Tos. Demai II, 2, 47; ed. LIEBERMAN, Seder Zera'im, 68f.
' Tos. Demai II, I1, 48; ed. LIEBERMAN, 70 (see his notes ad loc. 34, 35; also
Tosefta ki-Feshutah I, 214 f.); Bek. 30b.
5 Yer. Demai II, 3, 23a. For the correct version, see LIEBERMAN, Tosefta ki-
Feshutah I, 215. Our conclusion concerning the obligations of the Ne'emanim and
Kenafayim is based on an analysis of the Yerushalmi. "R. Yizhak b. Eleazar said:
The Kenafayim refrain from actual contact with impurity, and the Tohorot avoid
Hesset. R. Mana said: the Kenafayim refrain from both contact and Hesset, and
the Tohorot are careful about doubtful tithes." The factual basis of this dispute
is no doubt the existence of divergent customs, the two Amoraim taking sides as to
which custom was the right one. R. Yizhak maintained that those Kenafayim who
refrained from Hesset went beyond the requirement of the grade, while R. Mana
held those who did not refrain from Hesset failed in their full obligation as Kena-
fayim. On the other hand, both Amoraim took it for granted that the Tohorot
did not partake of doubtful tithes, and R. Yizhak thought it superfluous to refer
to this obligation. R. Mana merely emphasized that abstention from doubtful
tithes was the sole obligation of Tohorot.
There remains only one question. If the avoidance of doubtful tithes was, ac-
cording to R. Mana, the only obligation of Tohorot, what correspondence is there
61 See Mark 6:2, which reports that the common people thronged the synagogues;
that these people observed the purity of hands is implied, ibid. 7:2ff., where only
Jesus' disciples were rebuked for neglecting this duty. Further, Eliezer b. Hanok
was excommunicated for making light of this practice (M. 'Eduyot V. 6), showing
that it was generally observed.
"M. Bek. V, 5.
6 M. Hag, II, 7.
6 See note 56. Even if it were certain that the 'Am ha-'Aretz - whom the
Kenafayim touched --had come into contact with a corpse, the Kenafayim would
become impure only for the day (M. Oholot I, 1), while the Perushi who touched
him would be pure.
' See M. Mikwa'ot II, 2; M. Yadayim II, 4. Unless we can investigate the facts,
even "a deaf-mute, an imbecile or a minor is assumed to be clean" (M. Tohorot
III, 6). H.azakah assumes the status quo, see HIullin iob-iia. See A. J. UNTERMAN,
Sinai, ibid., pp. 4-10o. (On the juridical aspects of .Iazak.ah, see Z. WARHAPTIG, Ha,-
Hazakah be-Mishpa.t ha-'Ibri [Jerusalem, 5724-19641.)
"See M. 'Eduyot VIII, 4 ("he who touches a corpse becomes unclean"). See
ALBECK, Seder Nezikin, ad. loc., 316.
4) Haburah
Just as the local unit of the three types of Pharisees together
was called Keneset, so the local unit or subdivision of the highest
group was known as IHaburah." This specific title recalls the
Hellenistic specific titles tikoa and aStXo 9.6 The singular 4l9Xo
and 4dSXfok corresponds to the title of the Pharisaic members
Haber.70 This title no doubt was appropriate for the Pharisees
who, avoiding contact with the ritually impure,7 must have been
internally on a friendly and brotherly footing, as indeed Josephus
reports,72 and as Tannaitic literature implies.73
Rabbinic literature reports that there were various associations
(Haburot) in Jerusalem, dedicated to the purpose of insuring a
quorum in homes where the attendance of ten men was needed
for "the Benediction of the Mourners," "the Mourners' Consola
tion," "the Benediction at the Marriage Ceremony," as well as
circumcision and betrothals, and Geiger suggests that they were
Pharisaic Haburot.74 While there is no warrant for Geiger's
theory that these Haburot had evolved from the national Senate,
known at first as priestly Heber and in the Hasmonean era a
Heber ha-Yehudim,75 there can be little doubt of their Pharisaic
70 The members
Le Nabateen, of a Nabataean
II, Lexique (Paris, 1932), 93. association were entitled .Haber. J. CANTINEAU,
71 For example, M. Demai II, 2; Tos. Demai II, 20, 21, 22, p. 48 (ed. LIEBERMAN,
72). For a general picture of the subject, see NEUSNER, art. cit., 136-42.
72 Ant. XVIII, I, 3, 15; especially Bell. J. II, 8, 14, 166.
73M. Demai VI, 9; M. Shebi. V, 9 (=M. Gittin V, 9); M. HIag. II, 4; M.
Tohorot VII, 4; etc.; see also Yeb. i4b.
" Tos. Meg. IV (III), I5, p. 226; ed. LIEBERMAN (Seder Mo'ed), 357. Semahot
XII, 5, ed. HIGGER, 195.
" GEIGER, Urschrift (Breslau, 1857), 2I1-26 (Heb. Hamikra we-Targumow
[Jerusalem, 81-82 ).
purity.77 The
specifically, title shel
HIaburah H.iaburah shel
Bet ha-'A bel,Mizwah,
etc., may or, perhapstomore
correspond
the specific title of the Hellenistic societies. The reference to
drinking a(Ket.
ha-Keneset cup8b;
of Semahot
wine atXIV,
the 14,
funerary meals,
ed. HIGGER, in recalls
209), honorthe
of report
both the
thatRosh and .Hazan
the members of the synodoi who participated in the funeral were rewarded with a
jug of wine each. POLAND, op. cit., 508.
7 M. Pes. VII, 12; M. 'Erubin III, 6.
79 POLAND, op. Cit., 56, 78.
so M. Bekorot V, 5; M. Zabim III, 2.
s"C. Y.AKASOVSKY,
JASTROW, Dictionary, 82;O.ar Leshon
KOHUT, 'Arukha-Mishnah (Jerusalem, 1956), I, 388;
ha-Shalem, I, 121. also
' See MAX RADIN, The Legislation of the Greeks and Romans on Corporations
(Columbia University), 14, 23. The city of Athens is called 'A90vatol.
'PoLAND, op. cit., 8ff., 25, 64, 77, 78-79; also ol abv, oi 0repI (ibid, 77).
"Rosh"
of of the
professional butchers
guilds in Sepphoris
in Palestine (Tos. H. ullin
in the post-Destruction III,G.2,ALLON,
era, see p. 504). For
Toledot the existence
ha-Yehudim I, Io3-o6.
S"Mark 5:22, 35, 38; Luke 13:14; Acts 13:15, 18:8, 17. See LIDDELL-SCOTT, A
Greek-English Lexicon, s.v. cpXlw&-vvdywyos; ARNDT-GINGRICII, A Greek-English
Lexicon of the N.T. (London-Chicago, I957), 112.
89 See LIDDELL-SCOTT, 1872; ARNDT-GINGRICII S.V. V7r7ip6'7s, 850; B. T. HOLMES,
JBL 54(1935), 63-69; NOCK, art. cit., 79f.
0o M. Yoma III, I; M. Sotah VII, 7-8; M. Makkot III, 2.
" Acts 13:5; M. Yoma VII, I; M. So.ta VII, 7-8.
~ M. Makkot III, i2; Matt. 5:25, 26:58; Mark 14:54, 65; John 7:32, 45, 46,
18:3, 12, 18, 22, 19:6; Acts 5:22, 26.
12 Ezek. 8:Iff.
"o Ezra io:ioff.
1" Neh. 8:Iff.
" Meg. I 7b; Yer. Ber. II, 4, 4d.
0o See above, note 8.
o The Hellenistic associations had a social or dining hall, called dvpapdv (see
NOCK, art. cit., 47f.; POLAND, op. cit., 469). The room also served for various rites
(Noce, art. cit., 47f.). According to Ant. XVI, 6, 2, 164, the synagogues in the
Roman empire also contained a room, designated as dr5pwup, which has been defined
variously (see R. MARCUS, LCL, Josephus, vol. VII, 273, note c). Professor A.
Schalit in his Hebrew translation renders the term as a council-room, as does S.
KRAUSS, Synagogale Altertuemer, 25, but Schalit now tells me (citing Bell. J. V,
177) that all we can infer from the name is that it was set aside for men. KRAUSS
(ibid.) associates this with the Indrona or Iddron of the Babli (Meg. 26b), but
the origin of that term may be Assyrian (see JASTROW, A Dictionary, 45).
'" POLAND, op. cit., 350; NOCK, art. cit., 74; WESTERMANN, art. cit., 21, 24-27.
See also PHILO'S In Flaccum XVII, 136, and Legatio ad Gaium XL, 312.
"10POLAND, Op. cit., 268, 269, 399; NOCK, art. cit., 46; E. MAAS, Orpheus
(Munich, 1895), 26 (n. 2), 54, 84, 12o.
n11See PHILO, Legatio ad Gaium XL, 312. GEIGER (Urschrift, 114; Heb., 82)
supposes that the Haburot used to have common meals. See, however, MANTEL,
Studies, 266-67. In the diaspora, there may have been common meals associated
(9) Penalties
The Keneset was similar to the Hellenist
both made provisions for penalizing vi
in these violations are typical. In the syn
primarily of a social nature, such as distu
delinquency in paying dues, disobedien
association.113 The Keneset imposed pe
of religious rules, presumably those wh
by the official city courts. Prior to th
the city and state courts were under the
priest,"'4 and to him the Pharisaic inte
had no validity. The Mishnah where th
described as administering flagellation 11
suggested previously, from the pre-Macc
the Second Temple period.
The antiquity of this Mishnah may ac
tion from the Pentateuch in prescribing on
instead of forty."7 The reason for this d
In the pre-Maccabean era, the flagell
Keneset were of an extra-legal characte
merely a sectarian organ. Second, the
with the synagogues. S. W. BARON, The Jewish C
I, 95f.
111 POLAND, op. Cit., 398ff.
" See Enziklopediah Talmudit III, 139-40; also, M. Ta'anit II, 5, and R. H.
24a.
n"POLAND, op. cit., 74, 446; NOCx, art. cit., 51; A. E. R. BOAK, Transactions
of the American Philological Association 68(1937), 212-20, and Michigan Papyri
(Ann Arbor-London, 1944), vol. V, Part II, no.243, 9off.
' See, e.g., The Book of Judith 4:6-8; 11:I4. See also ZUCKER, Studien zur
jiidischen Selbstverwaltung, 29; Y. M. GRINTZ, Sefer Yehudith (Jerusalem, 1957),
46.
`u M. Makkot III, 12.
1' M. Makkot III, io.
11 Deut. 25:3 ("by number forty").
8s Deut. 25:1-3.
"9 Ant. XIII, 1o, 6, 297.
120o Tos. Makkot V (IV), I6, p.445. See also M. Makk
DEMBITZ, Jewish Encyclopedia, XI, 569f.
" See MANTEL, Studies, 96. The Amoraic exegesis (Makk
justifying the deviation from the Biblical forty stripes, is
of the Halakah. Raba states distinctly that "while in the To
are prescribed, the Rabbis came and reduced them by on
forty stripes are administered (M. Makkot III, io) probab
custom in Usha, his residence, no doubt in the post-Hasmo
12 POLAND, op. cit., 448. For the Jewish rules of excomm
op. cit., 225f. and 114-18. For a differing view on excom
Pharisees, see FINKELSTEIN, The Pharisees, I, 77f.
123 Ezra xo:8 provides excommunication as part of the p
fiscation and destruction of his property. See L. W. BATTE
Nehemiah, I.C.C. (Edinburgh, 1913-1940), 342. According
82f., excommunication here means that he is not considere
12'A. E. R. BOAK, Michigan Papyri, vol. V, Papyri f
(Ann Arbor, 1944), 9off. M. SAN NICOL6, Agyptisches
1915), 16-22. See, especially, BOAK, Proceedings of the
Association 68(1937), 212-2o0. The nomoi regulated (i) th
dent, (ii) dues, (iii) dates of meetings, (iv) conduct at
assistance, (vi) funerals, and (vii) fines.
' (de3Ko2 = "I consent"). See BOAK, Michigan Papyri
Tebtunis, Part II, 91, 95.