Rashi Part 7

Moreover, even if Ras.h.i.+ was not in complete possession of grammatical rules, he had perfectly mastered the spirit of the Hebrew language. Like the Spaniards, he had that very fine understanding for the genius of the language which arises from persevering study, from constant occupation with its literature.

We have cited the sources upon which he drew; it would be unjust not to remark that he made original investigations. For example (and the examples might be multiplied) apropos of a difficult pa.s.sage in Ezekiel, he a.s.serted that he had drawn the explanation from inner stores, and had been guided only by Divine inspiration - a formula borrowed from the Geonim. He was frequently consulted in regard to the meaning of Biblical pa.s.sages, and one response has been preserved, that given to the scholars of Auxerre when they asked for an explanation of several chapters of the Prophets. This fact shows that the Jews gave themselves up with ardor to the study of the Bible, men of education making it their duty to copy the Bible with the most scrupulous care and according to the best models, to the number of which they thus made additions. Among these copies are the ones made by Gershom, by Joseph Tob Elem, and by Menahem of Joigny. The Jews were almost the only persons versed in the Bible. I have mentioned how much the Church feared the sight of the Bible in the hands of the common people, and in clerical circles an absolutely antiscientific spirit reigned in regard to these matters. It was the triumph of symbolism, allegory, and docetism. All the less likely, then, were they to know Hebrew. An exception was the monk Sigebert de Gemblours, a teacher at Metz in the last quarter of the eleventh century, who maintained relations with Jewish scholars. He is said to have known Hebrew.

Ras.h.i.+'s thorough knowledge of Hebrew enabled him to depend upon his memory for quoting the appropriate verses, and in all his citations there is scarcely a mistake, natural though an error would have been in quoting from memory. Distinguis.h.i.+ng between the Hebrew of the Bible and that of the Talmud, he sees in the Hebrew of the Mishnah a transition between the two. Often, for the purpose of explaining a word in the Bible, he has recourse to Talmudic Hebrew or to the Aramaic. He pays careful attention to the precise meaning of words and to distinctions among synonyms, and he had perception for delicate shading in syntax and vocabulary. Owing to this thorough knowledge of Hebrew he readily obtained insight into the true sense of the text. By subjecting the thought of the Holy Scriptures to a simple and entirely rational examination, he not seldom succeeds in determining it. Thus, as it were by divination, he lighted upon the meaning of numerous Biblical pa.s.sages. A long list might be made of explanations misunderstood by his successors, and revived, consciously or unconsciously, by modern exegetes. An ill.u.s.tration in point is his explanation of the first verse of Genesis, quoted above. Long before such Biblical criticism had become current it was he who said that the "servant of G.o.d"

mentioned in certain chapters of the second part of Isaiah represents the people of Israel.

Needless to say Ras.h.i.+ never tampers with the text. At most, as is the case with Ibn Djanah, he says that a letter is missing or is superfluous. Sometimes, too, he changes the order of the words. Neither copyists' mistakes nor grammatical anomalies existed for him. Yet he believed in all sincerity that the ancient sages could have corrected certain Biblical texts to remove from them a meaning startling or derogatory when applied to the Divinity.

Ras.h.i.+ wholly ignored what modern criticism calls the Introduction to the Scriptures, that is to say, the study of the Bible and the books of which it is composed from the point of view of their origin, their value, and the changes they have undergone. But rarely, here and there in his commentaries, does one find any references to the formation of the canon. To give an example showing how he justified a cla.s.sification of the Hagiographa given by a Talmudic text and disagreeing with the present cla.s.sification: Ruth comes first, because it belongs to the period of the Judges; Job follows, because he lived at the time of the Queen of Sheba; then come the three books of Solomon, Proverbs, Ecclesiastes, both gnomic works, and the Song of Songs, written in Solomon's old age; Lamentations, Daniel, Esther, Ezra (comprising the present Nehemiah), and Chronicles are likewise placed in chronological order. In the same pa.s.sage of the Talmud the question is put as to why the redaction of the prophecies of Isaiah is attributed to King Hezekiah and his academy. Ras.h.i.+ explained that the prophets collected their speeches only a short time before their death, and Isaiah having died a violent death, his works could not enjoy the benefit of his own redaction.

Still less need one expect to find in Ras.h.i.+ modern exegesis, that criticism which applies to Scriptures an investigation entirely independent of extraneous considerations, such as is brought to bear upon purely human works. Ras.h.i.+'s candid soul was never grazed by the slightest doubt of the authenticity of a Biblical pa.s.sage. We can admire the genial divinations of an Abraham Ibn Ezra, but we also owe respect to that sincere faith of Ras.h.i.+ which was incapable of suspecting the testimony of tradition and the axioms of religion.

Ibn Ezra[93] and Ras.h.i.+ present the most vivid contrast. Though Ibn Ezra was open-minded and clear-sighted, he was restless and troubled. He led an adventurous existence, because his character was adventurous. Ras.h.i.+'s spirit was calm, without morbid curiosity, leaning easily upon the support of traditional religion, frank, throughout his life as free from the shadows of doubt as the soul of a child. Ibn Ezra had run the scientific gamut of his time, but he also dipped into mysticism, astrology, arithmolatry, even magic. Ras.h.i.+, on the contrary, was not acquainted with the profane sciences, and so was kept from their oddities. With his clear, sure intelligence he penetrated to the bottom of the text without bringing it into agreement with views foreign to it. But the characteristic which distinguishes him above all others from Ibn Ezra is the frankness of his nature.

He never seemed desirous of knowing 'what he did not know, nor of believing what he did not believe. Finally, and in the regard that specially interests us, Ibn Ezra, who belonged to the school of Arabic philosophers and scholars, who knew the Spanish grammarians, and was their inheritor, always employed the Peshat - that is, when he was not bia.s.sed by his philosophic ideas. In this case he saw the true meaning of the text, perhaps more clearly than any other Jewish commentator. Ras.h.i.+ did not possess the same scientific resources. He knew only the Talmud and the Midrash, and believed that all science was included in them.

Moreover, though he stated in so many words his preference for a literal and natural interpretation of the text, he fell short of always obeying his own principle.

There is one characteristic of Ras.h.i.+'s Bible commentaries which I have already touched upon, but to which it is well to revert by way of conclusion, since it makes the final impression upon a student of the commentaries. I refer to a certain intimacy or informality of the work, a certain easy way of taking things.

The author used no method. Now he explains the text simply and naturally; now he enjoys adorning it with fanciful embellishments. One would say of him, as of many an author of the Talmud, that in writing his work he rested from his Talmudic studies; and one seems to hear in these unceremonious conversations, these unpretentious homilies, the same note that even in the present day is sometimes struck in synagogues on Sat.u.r.day afternoons. What clearly shows that Ras.h.i.+ unbent a little in composing his Biblical commentaries are the flashes of wit and humor lighting them, the display of his native grace of character, his smiling geniality. If he yielded some credence to the most naive inventions, this does not mean that he was always and entirely their dupe. They simply gave him the utmost delight. He did not refrain from piquant allusions; and the commentary on the Pentateuch presents a number of pleasantries, some of which are a bit highly-spiced for modern taste.

Fundamentally, they are a heritage of the old Midras.h.i.+c spirit grafted upon the gaiety of "mischievous and fine Champagne," as Michelet said. a.s.suredly, there were hours in which good humor reigned over master and pupils, and we seem to see the smile that accompanied the witty sallies, and the radiance of that kindly charm which illuminated the dry juridic discussions. All this forms an attractive whole, and everyone may feel the attraction; for the commentaries on the Bible, which can be read with pleasure and without mental fatigue, are intelligible to persons of most mediocre mind and cultivation. The words of a certain French critic upon another writer of Champagne, La Fontaine, might be applied to Ras.h.i.+, though a comparison between a poet and a commentator may not be pressed to the utmost. "He is the milk of our early years, the bread of the adult, the last meal of the old man. He is the familiar genius of every hearth."

For many centuries the Biblical commentaries held a position - and still hold it - similar to that of La Fontaine's Fables. Few works have ever been copied, printed, and commented upon to the same extent. Immediately upon their appearance, they became popular in the strongest sense of the word. They cast into the shade the work of his disciples, which according to modern judgment are superior. Preachers introduced some commentaries of his into their sermons, and made his words the subject of their instruction; and Ras.h.i.+ was taught even to the children. The ma.s.s of readers a.s.similated the Halakic and Haggadic elements. Those who were not students, through Ras.h.i.+ got a smattering of a literature that would otherwise have been inaccessible to them; and the commentaries threw into circulation a large number of legends, which became the common property of the Jews. Ras.h.i.+'s expressions and phrases entered into current speech, especially those happy formulas which impress themselves on the memory. His commentary is printed in all the rabbinical Bibles; it has become to the Jews inseparable from the text, and even Mendelssohn's commentary, which has all of Ras.h.i.+'s good qualities and none of his faults, did not succeed in eclipsing it. In short, it is a cla.s.sic.

CHAPTER VII

THE TALMUDIC COMMENTARIES

The commentaries on the Bible, especially those on the Pentateuch, const.i.tute a work for general reading and for devotion as well as for scientific study. Their general scope explains both their excellencies and their defects. On the other hand, the commentary on the Talmud is an academic work. It originated in the school of Ras.h.i.+, and was elaborated there during a long time. The one is a popular work for the use of the ma.s.ses, the other, a learned treatise for the use of students.

The explanation of the Scriptures was written for the benefit of the faithful in popular, attractive, and comprehensible form; the explanation of the Talmud const.i.tuted matter for serious study in the academies. Or, rather, after the long, exhaustive, and often dry-as-dust Talmudic discussion, the master took pleasure in interrupting his instruction in the school to give his interpretation of Biblical pa.s.sages.

This is the reason why the Talmudic commentaries,[94] which are, as it were, the summing-up of Ras.h.i.+'s teachings, of his own studies, and of the observations of his pupils, have a more mature, more thoughtful character than the Biblical commentaries.

They undoubtedly represent a greater amount of labor. It seems that Ras.h.i.+ himself made two or three recensions of his commentary, at least for many of the Talmudic treatises.

Testimony to this fact is given by the variations of certain pa.s.sages in the extant text and that cited by the ancient authors, notably the Tossafists. Moreover, the Tossafists explicitly mention corrections made by Ras.h.i.+ in his own work.

The query naturally arises whether the corrections indicate that Ras.h.i.+ worked the entire commentary over and over again. The answer is no; for certain treatises remained incomplete, and others seem never to have been begun. Presumably, then, Ras.h.i.+ revised a treatise according to the needs of the occasion, as, for instance, when it came under his eyes in the course of instruction. However that may be, the work that we now possess is a mixture of the first and the last recension, though we cannot always tell which is the later and which the earlier.

Another fact explains the difference I have pointed out between the Biblical and the Talmudic commentaries. For the Biblical commentaries there had been no precedent, and if they possess the merit of originality, they also ill.u.s.trate the errors of a man who tries his powers in a field of work devoid of all tradition.

For the Talmudic commentaries, on the contrary, models were not lacking. The example of Gershom was sufficiently notable to evoke imitation, though his work was not so complete as to discourage it. We must not forget Ras.h.i.+'s predecessors because he eclipsed them. This would be contrary to his intentions, since he frequently cites them, rendering value in return for value received. In fact, he knew well how to use their works to advantage. He submitted them to a judicial and minute examination, collecting all the material he needed furnished by the Geonim as well as by his immediate masters. It would be as inexact to a.s.sert that he only made a resume of their works as to say that he worked along entirely original lines and relied solely upon his own resources. If we could compare his commentaries with previous commentaries (for some this comparison has been made), we should be forced into the admission that his part is smaller than one would suppose. The best proof of this fact is that the usual basis of his commentary for each treatise was the explanation of the master under whom he had studied it.

He often cites the writings of his masters, to which he gives the t.i.tle Yesod, "Foundation," probably either collections made by the teachers themselves or notebooks edited by their pupils. As a result of the love of brevity which is one of Ras.h.i.+'s marked characteristics, he does not quote in its entirety the source upon which he draws, but more frequently reproduces the sense rather than the exact words.

I must hasten to add that the Talmudic commentaries of Ras.h.i.+'s masters were inadequate, and did not meet all needs. We can judge of the lacunae in them both from the commentaries that have been preserved and from the criticisms which Ras.h.i.+ frequently added as an accompaniment to his citations. Sometimes the commentaries were too diffuse, sometimes too concise; their language was obscure and awkward; no stress was laid upon explaining all details, and the commentaries themselves stood in need of explanation; they addressed themselves to accomplished Talmudists rather than to students. Ras.h.i.+'s commentaries, on the contrary, could be understood by men of small learning-hence their influence and popularity. Moreover, the commentaries of his masters often contradicted one another, coming as they did from scholars who did not shrink from discussion. Ras.h.i.+ wished to put an end to these debates and introduce some unity into rabbinical tradition, and generally his purpose in refraining from a quotation of his predecessors was exactly to avoid an opening into the field of controversy. Finally, their commentaries, it seems, were not comprehensive; they bore upon only one or several treatises; whereas Ras.h.i.+'s bore on all or nearly all the treatises of the Gemara.[95] With Ras.h.i.+ execution rose to the height of his conception.

Ras.h.i.+ availed himself so little of the work of his masters that he began by establis.h.i.+ng a correct text of the Talmud and subjecting it to a severe revision. The mistakes of his predecessors oftenest arose from the faultiness of the texts, marred by ignorant copyists or presumptuous readers. What is more, the use to which the Talmud was put in the academies and the discussions to which it gave rise, far from sheltering it from alterations made by way of correction, modified it in every conceivable fas.h.i.+on, according to the views of the chiefs of the schools. Like every book in circulation, the Talmud was exposed to the worst changes, and this all the more readily, because at that time no one had a notion of what we call respect for the text, for the idea of the author. As rigidly as the text of the Bible was maintained intact in the very minutest details, so lax was the treatment of the Talmud, which was at the mercy of individual whim. Naturally, the less scrupulous and less clearsighted allowed themselves the most emendations.

Accordingly, Rabbenu Gershom felt called upon to put a severe restriction upon such liberties. Though he succeeded in moderating the evil, it could not be suppressed retroactively.

Ras.h.i.+ realized that corrections made wittingly were indispensable, and that it was necessary to clear the Talmudic forest of entangling briers. Moreover, as we learn from Ras.h.i.+ himself, Gershom had already undertaken the task. Ras.h.i.+ also tells us that he had Gershom's autograph ma.n.u.script before him, not to mention other copies he was consulting and collating.

Further testimony, apart from this internal evidence, is provided by Ras.h.i.+'s references to texts parallel to the Talmud, among them the Tosefta. Sometimes he records two readings without giving either the preference, though as a rule the reasoning or the context shows that he leans one way or the other, so that his alterations, which are usually correct, do not necessarily represent the early text. When Ras.h.i.+ has good cause for deciding a point in a certain way, he does not pay attention to possible errors or contradictions on the part of the Talmudists. In other words, though his text may be the most rational, it is not always the most authentic.

Ras.h.i.+ exercised this criticism of the text to a wide extent, yet prudently. I have already mentioned what Isaac of Vienna said concerning the numerous erasures that covered an autograph ma.n.u.script of his.[96] Many readings that Ras.h.i.+ rejected might have been kept - in fact they sometimes were kept - by force of finesse and subtlety. His method affords a striking contrast to that of the Talmudist Hananel,[97] who either eliminates the phrases unacceptable to him or preserves them only by doing violence to the sense. Ras.h.i.+, on the contrary, compared the different versions of difficult or suspicious pa.s.sages and prefers the one not requiring a subtle explanation. It is only when no reading satisfies him that he a.s.sumes an interpolation or an error, in this event frequently resorting to the Responsa of the Geonim. Needless to say, he also paid heed to the revision of Gershom; but since he deemed that Gershom had himself preserved faulty readings, he took up the work again, despite Gershom's prohibition. He realized that this careful and detailed critical revision of his predecessor, however ungrateful the soil might appear, was nevertheless fertile ground, and might serve as the solid basis of a thorough commentary.

He acquitted himself of the task with such success that his has become the official text, the "Vulgate," of the Talmud. In fact, his disciples inserted into the body of the Gemara the greater part of his corrections or rest.i.tutions (but not all; and one does not always comprehend the reasons for their choice), which have now become an integral part of the text. Thus a single, definite, and official text was established - a thing of great value in a.s.suring the stability of rabbinical tradition in France and Germany.

From what I have already said, the reader can gather how individual was Ras.h.i.+'s method. The foundation for his commentaries, it is true, was provided by tradition and by the instruction he received from his masters. But over and above the circ.u.mstance that he preserved only what seemed fitting to him, is the fact that value attached rather to the setting given the material than to the material itself. Herein resides Ras.h.i.+'s merit - and the merit is great. He was occupied not so much in extracting from the discussion of the Talmud the essential ideas, the principles indicating rules of practice, as in rendering the discussion comprehensible both in its entirety and in its details. He wrote a grammatical commentary which provides the exact meaning, not only of the opinions set forth, but also of the phrases and expressions employed. A Jewish scholar of our day, I. H. Weiss, who has accomplished much toward acclimatizing the scientific study of the Talmud in Eastern Europe, justly remarked - and what he says is a lesson to the rabbis of his country:

How many Talmudists are there nowadays who take pains to understand exactly the meaning of such and such a pa.s.sage of the Talmud, or who are capable of explaining it grammatically?

They do like the predecessors of Ras.h.i.+, whose method it was to give an exposition of an entire discussion merely by simplifying its terms. They wrote consecutive commentaries, not notes; and they often failed to explain difficult words.

Ras.h.i.+, on the contrary, always definitely determined the meaning of the various terms.

He does this with a sure touch, and the precision of his explanations is all the more remarkable as he did not know - whatever one may say to the contrary - the Talmudic lexicon of Nathan ben Jehiel, of Rome, which was not brought to a conclusion until four years after Ras.h.i.+'s death. It is a favorite trick of legend to establish relations between ill.u.s.trious contemporaries, especially when their activities were exercised in the same field, and tradition has made Ras.h.i.+ the pupil of Nathan. The idea of such a relations.h.i.+p, however, is purely fantastic, the two rabbis probably not having ever known each other.[98]

Ras.h.i.+ carried the same spirit of exactness and precision into the whole of this work - qualities indispensable but difficult of attainment; for as A. Darmesteter well says:

Whoever has opened a page of the Talmud understands how necessary is a commentary upon a text written in Aramaic and treating of often unfamiliar questions in concise, exasperatingly obscure dialectics. The language, too, is obscure, and the lack of punctuation renders reading difficult to novices. No mark separates question from answer, digressions from parenthetical observations. The phrases form only a long string of words placed one after the other, in which one distinguishes neither the beginning nor the end of the sentences.

The difficulty presented by the obscurity of the style is increased by allusions to facts and customs which are no longer known and cannot always be guessed at. Now, thanks to Ras.h.i.+'s commentary, a reader possessing a knowledge of the elements of the language and some slight knowledge of Jewish law, can decipher it without overmuch difficulty.

Rarely superficial, Ras.h.i.+ explains the text simply yet thoroughly. He sifts his matter to the bottom. His reasoning is free from subtleties and violations of the sense. This characteristic comes out in bold relief when we compare Ras.h.i.+ with his disciples, the Tossafists, who carry their niceties to an excess. It would be wrong to hold Ras.h.i.+ responsible for the abuse later made of controversy; while, on the other hand, praise is owing to him for the happy efforts he made to unravel the texts, not only for the purpose of explaining their meaning, but also to indicate possible objections and reply to them in a few words. One must marvel at the clearsighted intelligence, the sureness, the mastery with which Ras.h.i.+ conveys the gist of a discussion as well as the value of the details, easily taking up each link in the chain of question and answer, pruning away superfluities, but not recoiling before necessary supplementary developments. In addition, rather than resort to forced explanations, he did not hesitate to avow that certain pa.s.sages puzzled him, or that his knowledge was insufficient - a scruple not always entertained by his successors.

To determine the meaning of a text, Ras.h.i.+ frequently referred to parallel pa.s.sages, contained not only in the Gemara itself, but also in other collections, such as the Tosefta, or the Halakic Midras.h.i.+m.[99] Sometimes the Gemara cites them, or refers to them, at other times it makes no allusion whatsoever to them. In the latter case, it may be stated, Ras.h.i.+, even when he does not say so explicitly, himself found the text for comparison and was inspired by it.

Moreover, on occasion, he points out general rules to which he conforms, some of them indicated in the Talmud itself, others provided by the Geonim, and others again evolved by himself in the course of his studies. Those who are competent to judge admire the precision with which he lays down these principles. By combining them, an excellent, although very incomplete, Talmudic methodology might be drawn up.

Some examples will give a better idea than a mere description of Ras.h.i.+'s method. I will separate his commentary from the text of the Gemara by square brackets, so as to show how he inserts his commentary, and how perfectly he adapts it to the Gemara.

The following pa.s.sages deal with the proclamation of the new moon, made by the supreme tribunal, upon the evidence of two persons who declare that they have seen the new moon.

Mishnah: If he is not known [if the tribunal does not know the witness, does not know if he is honest and worthy of confidence], they [the tribunal of his city] will send another person with him [to bear witness concerning the new moon before the great tribunal, which proclaims the new month]. At first, evidence concerning the new moon was accepted from any and every body; since the Boethusians[100] turned to evil [this is explained in the Gemara], it was decided that only the testimony of persons who were known would be taken.

Gemara: What does "another" signify? Another individual? Does it mean that a single person is thought [worthy of confidence in declaring the first night of the new moon]? Is it not taught in a Baraita: "It once happened that a man came [to the tribunal, on the Sabbath, in order to give evidence concerning the new moon], accompanied by his witnesses, to testify concerning himself" [to declare him worthy of confidence]? Rab Papa replies: "Another" signifies "another couple of witnesses." This explanation seems to be the true one; for otherwise what would these words signify: "If he is not known?"

If this individual is not known? But does it mean that a single person is believed [in bearing witness in regard to the new moon]? In connection with this, do not the Scriptures use the word law [in the verse: For this was a statute for Israel, and a law of the G.o.d of Jacob[101]]? Here, then, "the witness" signifies "the couple" of witnesses; similarly the previous "another" signifies "another couple." But is it quite certain that a single man is not enough? However, it is taught in a Baraita: "It once happened on a Sabbath that R.

Nehoral accompanied a witness to give evidence concerning him at Usha" [at the time when the Sanhedrin had its seat in that city, and the new moon was proclaimed there]. R. Nehorai was accompanied by another witness, and if this witness is not mentioned, it is out of regard for R. Nehorai [for R. Nehorai is mentioned only that we may infer from his case that so prominent an authority inclined to leniency in the circ.u.mstances stated; but it is not fitting for us to appeal to the authority of his less important companion]. Rab As.h.i.+ replies: There was already another witness at Usha [who knew the one that was coming to give evidence], and R. Nehorai went to join him. If this is so, what is it that is meant to be conveyed to us? This: we might have thought in case of doubt [possibly this second witness might not be at home], the Sabbath must not be trangressed; we are thus taught that one should do it, etc. (Rosh ha-Shanah 22a bottom).

The following pa.s.sage deals with the Lulab, which is used at the celebration of the Feast of Tabernacles, and must be flawless.

Mishnah: A Lulab [referring to the palm branch; farther on it will be stated that the myrtle and the willow of the brook are dealt with separately] that has been stolen [is unfit; for it is said:[102] "And ye shall take you": what belongs to you], or is dry [we demand that the ritual be carried out with care, in conformity with the words of Scripture:[103] "I will exalt Him "], is unfit. Coming from an Ashera [a tree adored as an idol; the Gemara gives the reason for the prohibition] or from a city given up to idolatry [for it is considered as burnt down, as it is said: "And thou shalt gather all the Spoil of it."[104] Now, the Lulab should have the length of four palms, as will be said farther on,[105] and since it is destined to be given up to the flames, it no longer has the desired length, being considered as burnt], it is unfit. If its end is cut [it is unfit; for it is not "beautiful"], or if its leaves have fallen off [from the central stem, and are united only by a band like the broom, in French called "es...o...b..."[106] In this case, also, it is not "beautiful"], it is unfit. If its leaves are separated [attached to the stem, but at the top separated on each side, like the branches of a tree], it is good. R. Judah says: It should be bound [if its leaves are separated, they should be bound so that they are fixed to the stem as with other Lulabim]. The stony palm of the mountain - of - iron [the Gemara explains that these are palms] are good [they are Lulabim, although their leaves are very small and do not extend the length of the stem]. A Lulab having the length of three palms, so that it can be shaken [the Gemara explains: the stem should measure three palms, as much as the myrtle branch, and, in addition, another palm for shaking, for we require that the Lulab be shaken in the way told farther on (37b): "It is shaken vertically and horizontally," so as to exorcise the evil spirits and evil shades), is good.

Gemara: The Tanna is brief in showing [that the Lulab is unfit] without distinguis.h.i.+ng between the first day of the festival [the celebration of which is made obligatory by the Torah] and the second day [for which the ceremony of the Lulab is prescribed only by the Rabbis, Scriptures saying "on the first day"[102]]. It must certainly refer to the dry Lulab [it may be unfit, even from a rabbinical point of view, for since it is a rite inst.i.tuted in commemoration of the Temple, we require that it be practiced with care], for we require that it be "beautiful," and in this case the condition is not fulfilled. But so far as the stolen Lulab is concerned, I understand that it should not be used the first day, for in regard to the first day it is written: "And ye shall take you:" of what belongs to you; but why not the second day [whence does one know that one may not use it then?]? R.

Johanan replies in the name of R. Simon ben Yohai: because then a regulation would be fulfilled through the commission of a transgression, for it is said [for we find a verse which forbids the fulfilment of a regulation through committing a transgression]: "And ye brought that which was stolen, and the lame, and the sick."[107] The stolen animal is likened to the lame; and just as it is irremediably unfit [it can never be offered as a sacrifice, because its imperfection is perpetual], so the one that is stolen is irremediably unfit [we deduce from this verse that it can never more become of use, even if there has been a renunciation; that is, if we have heard the owner renounce the object by saying, for example, "Decidedly, I have lost this purse;" although in regard to the owners.h.i.+p of the animal, we said, in the treatise Baba Kama (68a), that the holder became the possessor, if the first owner renounced it; however, he cannot offer it as a sacrifice upon the altar], whether this be before or after the renunciation. If before the renunciation, because the Torah says, "If any man of you bring an offering;[108] now, the stolen animal does not belong to him, but after the renunciation the holder becomes the possessor of it through the fact of this renunciation [why, then, does the prophet forbid its being used as an offering?]. Is it not exactly because this would be to fulfil [fulfill sic] a regulation by committing a transgression? R. Johanan says again in the name of R. Simon ben Yohai: what does this verse signify: "For I the Lord love judgment, I hate robbery for burnt offering"?[109] [for the burnt offering that you bring me, I hate the theft of which you make yourself guilty in stealing these animals, although everything belongs and always has belonged to Me]. Let us compare this case with that of a mortal king, who, pa.s.sing before the house of a publican, says to his servants: "Give the toll to the publican." They object and say: "But is it not to thee that all the tolls return?"

To which the king replies: "May all travellers [sic] take an example from me and not escape the payment of toll." In the same way G.o.d says: "I hate robbery for burnt offerings; may My children take an example from Me and escape the temptation to theft."

It has likewise been shown [that the motive of the Mishnah in declaring the stolen Lulab unfit for use on the second day of the festival, is that It would be the fulfilment of a regulation through the commission of a transgression]. Rabbi Ammi says: etc., (Sukkah 29b).

From these two citations it is evident that Ras.h.i.+ does not shrink from complicated explanations, and that he does not comment on the easy pa.s.sages. In the following quotation, the discussion is somewhat more difficult to follow.

Mishnah: A slave [non-Jewish] who has been made prisoner and ransomed [by other Jews] in order to remain a slave, remains a slave [this will be explained by the Gemara]; In order to be free, becomes free. R. Simon ben Gamaliel says: In the one case as in the other, he remains a slave.

Gemara: With which case do we concern ourselves? If it is before the renunciation of the right of possession [by the first master, who has bought him from the hands of the non- Jew], ransomed in order to become free, why should he not remain a slave? It is, then, after this renunciation. But, bought to be a slave, why should he remain a slave?

[Understand: of his first master; why should he remain a slave, since there was a renunciation by which rights upon him as a slave have been renounced?]. Abaye says: The case under debate is always that In which the first owner has not yet renounced his rights upon the slave, and if the slave has been bought to remain a slave [on condition of being restored to his first master, or even upon condition of belonging to him who bought him], he remains the slave of his first master [the second, in fact, has not acquired him, for he knows that his master remains his master, until the master has given him up; he would, therefore, be stealing the slave]; if the slave is ransomed to become free, he is the slave neither of the first nor of the second; not of the second, since he ransomed the slave to set him free, nor of the first who possibly abandoned him and did not buy him back. R. Simon b. Gamaliel, on the other hand, says: In one case as in the other he remains a slave; in fact, he admits that just as it is a duty to ransom free men, so it is a duty to ransom slaves [it is not, therefore, to be supposed that the first master would have abstained from buying back his slave].