Carol Valentine

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Foreword

The foreword to this pamphlet is not written by Carol A Valentine.  But, the rest of this pamphlet contains printer friendly articles copyrighted by Carol A Valentine under terms described at the end of this pamphlet or chapter.

What is not the purpose of this pamphlet?

This pamphlet is not meant to spread hatred against the Jewish tribe nor to proselytize people to abandon Judaism nor to proselytize people to convert to Christianity, Messianic Judaism or a non Jewish religion.

Being a part of the Jewish tribe is not always someone's choice but is passed down to someone from mother to child according to some Jewish religions.  Someone can be considered a member of the Jewish tribe because they have a Jewish parent even though they choose not to practice a Jewish religion, therefore Jewish tribal membership is not always a choice.

No one should be hated for being a part of the Jewish tribe by birth when that was not a choice on their part.  

Other people convert to a Jewish religion and are considered a member of the Jewish tribe upon a certified conversion to one of the Jewish religions recognized by the State of Israel according to some Jewish religions as well as the State of Israel.  The State of Israel and many Jewish religions do not recognize Messianic Judaism or Christianity as Jewish religions even though some but not all Christians and Messianic Jews do.

What is censorship?

Both converts and people raised to practice a Jewish religion do not always know what they are committing to until after the fact due to censorship of certain truthful information, combined with misleading information that is not truthful which can be thought of as a form of fraud.  

Four types of censorship

1 Unavailability

When information is not available due to physical destruction, refusal to permit printing, refusal to permit online posting or online posts being removed from the internet

2 Social or legal punishment for distributing available information

When distributing information that could potentially be available will result in arrest, fines, discrimination, job firing, shunning, ostracism or violent retaliation.  Many copies of a book, could physically exist, but if giving people copies of that book is illegal then the information is censored

3 Implanted Phobia of accessing available information

Censorship can occur through undue influence or unethical influence in which someone can access information, but chooses not to because someone taught them to fear accessing certain information. 

For a first example, someone might be told if they watch a video, listen to a podcast or read a book or article that is labeled as antisemitic, islamophobic, misogynist, homophobic, transphobic, ableist, divisive or racist it will cause them to become a bigot which will result in them doing evil things. 

As a second example, someone might be told if they read, listen to or watch certain information, it might cause them to believe the wrong beliefs and then go to hell or be stuck in a worse reincarnation or fail to escape the reincarnation cycle, for not believing the correct beliefs according to some unethical or misinformed Christian, Muslim, Hindu and Buddhist clergy members.  

As a third example, someone might be told reading unauthorized misinformation from sources not approved by a certain group might spread a pandemic or cause climate change through making unauthorized choices based on that information even when the unauthorized information quotes authorized sources and provides links or citations to the entire authorized sources quoted to be read "in context."  

As a fourth example, someone selling a get rich quick program might tell you accessing information from a third party about their program might cause you to doubt the program, and only those who believe the program and do not doubt can make money or the most money from the program.

4 Boring busy work combined with fun "bread and circuses" to distract someone from accessing information can be a method of censorship

Meaning of "bread and circuses"

In a political context, the phrase means to generate public approval, not by excellence in public service or public policy, but by diversion, distraction, or by satisfying the most immediate or base requirements of a populace,[1] by offering a palliative: for example food (bread) or entertainment (circuses).

Juvenal, who coined the phrase, used it to decry the "selfishness" of common people and their neglect of wider concerns.[2][3][4] The phrase implies a population's erosion or ignorance of civic duty as a priority.[5]

http://web.archive.org/web/20220801201239/https://en.m.wikipedia.org/wiki/Bread_and_circuses

Lots of busywork from a job, school or religious institution fatigue someone while simultaneously reducing time to access information the corporation, government or religious institution does not want them to

Fatigued people sometimes feel more comfortable watching, reading, or listening to entertaining media that does not contain certain truths than less entertaining media containing truths these institutions want to censor. 

Even if someone enjoys learning these unpopular truths from non fiction it may take more thinking effort to contemplate them resulting in faster exhaustion than to amuse themself watching popular fiction as entertainment.  When one comes home fatigued after work they are often not in the mood to exhaust themself further by accessing certain types of media that stimulate thinking instead of other relaxing media that unstimulates thinking.  It is not wrong to watch media that focuses on entertainment more than education in moderation.  But, this can be a censorship tool if someone is so distracted being entertained they never access the information the institutions are trying to censor.

Fatigued people sometimes prefer to be amused, which can mean to avoid a state of musing or deep thinking or deep pondering.

There are many amusing hobbies like board games, video games, collecting objects, dating, extravagant clothes shopping, eating food for entertainment not nourishment, partying, night clubs, bar hopping, concerts, festivals, holiday activities like Halloween trick or treating, Christmas tree decorations, Easter egg hunts and Fourth of July fireworks displays, parades, recreational and outreach events from clubs, religious group or civic societies, dancing, sports, sight seeing, carnivals, funhouses, amusement parks, zoos, museums or putting pictures of yourself on social media related to any of those things on that list.

Not all these activities are bad for all people all the time but any of them can be a form of distraction.  People may do these hobbies to relieve the stress of busy work instead of accessing the information the institutions wish to censor.  Once they have done the hobby long enough to feel relieved from the stress there might be no more time to access the censored information before it is time to sleep to get ready to go to work the next day.

Many religious institutions sometimes called cults are especially fond of making full grown adults play childish games in order to have them view the cult as a parental figure.  These games distract their time to prevent accessing censored information and are another source of amusement to prevent deep pondering.

Sometimes this can instead be accomplished in a manner that is not entertaining at all through lots and lots of boring holidays, mandatory meetings, or electricity restriction rules preventing access of certain information.  Some Jewish religions forbid electricity on the Sabbath and some Amish religions forbid it year round with only certain exceptions for each.  The electricity restriction may not seem like a form of censorship but prevents access to information from electrical sources such as the internet during those time periods.  Some Jewish religions forbid reading certain types of information on the Sabbath and or certain holidays when people would have time to read it, but allow people to read that information on other days when they have much less time to read.  Many other religions I have not listed use boring tactics to divert people from information instead of using entertainment for diversion.

"Many of us find the Synagogue services oppressive and stultifying. They're too formal, too long, too boring"

http://web.archive.org/web/20220913024219/https://www.huffpost.com/entry/making-synagogue-stimulat_b_189982

Special Sabbath censorship restrictions

"Books read on Shabbat must be compatible with the sacred atmosphere of the day as specified in the Code of Jewish Law"

http://web.archive.org/web/20081221215121/chabad.org/library/article_cdo/aid/757573/jewish/Can-I-read-library-books-on-Shabbat.htm

The existence of property tax results in coerced employment to pay property tax or rent helping maintain the censorship system.  Coerced employment is connected with the busy work in the school system to get a college degree or certificate to get a job.  The proper use of school which should be learning so someone can make better decisions and not to get a job.  But, schools are currently directed to teach conformity to corporations, governments and or religious institutions which is the opposite of learning.  This situation is worsened by the federal reserve bank fractional reserve lending money to the United States government raising the cost of mortgages, property tax and rent.  Fractional lending is lending money you do not have and full reserve lending is lending money you do have.

What is the purpose of this pamphlet?

Being a part of the Jewish tribe is not always someone's choice.  However, being a part of a Jewish religion is a choice when someone is not forced to participate in that religion through undue influence such as fraud, violence or threats of violence.  Fraud in the context would mean the combination of censorship of true information with providing false information.

People who are not members of the Jewish tribe are called Goyim or Gentiles by members of some Jewish religions.

The purpose of this pamphlet is to make people aware of the hatred, discrimination and violence taught against Goyim or Gentiles in texts honored by some Jewish religions.  The purpose is also to make people aware of how religious text honored by some Jewish religions promote activities that would be considered sex abuse by certain moral standards.

I am not claiming that all members of the Jewish tribe hate, use violence against or discriminate against Gentiles or Goyim.  I am also not claiming that all members of the Jewish tribe sexually abuse individuals.

I am claiming that some Jewish religions promote hatred, discrimination, violence and sexual abuse.

One of my goals is to persuade anyone in such a Jewish religion to either choose to live by a different Jewish religion or by another non Jewish religion that does not promote hatred, discrimination and violence against Goyim or Gentiles and does not promote sexual abuse.  This would require no longer honoring many of the texts and cultural practices that some Jewish religions honor.  One could simply modify their religion to no longer honor those texts and cultural practices which promote those things, but maintain the rest of their Jewish religion or switch to another Jewish religion.  The purpose of this is not to proselytize Jews to join Christianity or any non Jewish religion nor is it to proselytize them not to join Christianity or a non Jewish religion.  I do not care which religion they say they practice as long as their religion does not promote hatred, discrimination and violence against Gentiles or Goyim and does not promote sexual abuse.

Another one of my goals is to inform Goyim or Gentiles that some Jews discriminate against them as a tenet of some Jewish religions.  Gentiles should tolerate Jews who tolerate Gentiles and do not promote sexual abuse, but should not tolerate Jews who do not tolerate Gentiles or Jews who promote sexual abuse.

What are the contents of this pamphlet?

Selected Essays from Carol A Valentine with earliest archived dates

This is designed to be printable as a Pamphlet containing copies of printer friendly versions of some of Carol A Valentine's articles found by putting

P_ 

in front of the part of each url or hyperlink after the last forward slash

/

of the articles by Carol A Valentine found at the source of

come-and-hear.com

In case the website is removed or replaced with a different website it can be found here if you select the time period prior to it's removal or replacement

This website has been online from 2003 to September 12, 2022 and might continue to be online after that

web.archive.org/web/*/come-and-hear.com

End of Foreword

Printer Friendly Version Do Not Censor the Talmud, Please

In What We're About, we heard from a number of authoritative voices about the over-arching importance of the Talmud in Judaism.

If the Bible is the cornerstone of Judaism, then the Talmud is the central pillar, soaring up from the foundations and supporting the entire spiritual and intellectual edifice.

— Rabbi Adin Steinsaltz (1)

The Talmud is one of the wonders of the world. It still dominates the minds of a whole people, who venerate its contents as divine truth.

— Rabbi Michael L. Rodkinson (2)

Remarkable. Here is a book that should be in the "Great Books" series, offered in leather bound edition by the Franklin Mint. It should be in every public library, along with the Bible and sets of encyclopedias. But have you ever opened and read even one tractate of the Talmud? Do you know anyone who has? Have you ever seen the Talmud in a bookstore or public library?

"Talmud? Who's the Author?"

Try this: Call your local public library and ask if they have a copy of the Bible on their shelves. Then, ask her if the library has a copy of the Talmud.

This writer lives in the wealthy and populous Fairfax County, Virginia, just outside Washington, DC. We have a visible and influential Jewish community — the outreach arm of Judaism, Chabad Lubavitch, has three centers in the Northern Virginia area. When we called our local public library and asked about the Bible, the librarian laughed and said: "We've got a zillion copies. We have more translations than you can shake a stick at. We have reference copies and copies you can check out. We've got lots."

Then we asked about the Talmud. "Who's the author?" the librarian asked. We explained the significance of the Talmud to her. She sounded puzzled, and told us she had never heard of it. She asked us to repeat and spell the name, and give her the name of the publisher. So we spelled "Talmud" and "Soncino."

The Talmud is undoubtedly one of the most remarkable literary productions of all times. It is an encyclopedia covering the whole scene of human life. It is almost impossible to convey to one who has not spent years in the study of this complex work an idea of its true nature, as even the most exact translations cannot catch the inner spirit of the Talmud.

— Herschel Revel, for The Universal Jewish Encyclopedia (3)

We are also glad to notice that among Gentiles the study of the Talmud is more or less spreading, as we have the experience that a great number of Gentiles and almost all the theological seminaries and public libraries subscribed to the Talmud, and also many queries concerning it frequently came to us from Gentiles. This all shows that the study of the Talmud among Gentiles is not very rare.

— Rabbi Rodkinson, writing in 1903 (4)

The librarian checked her computer system. No, the Fairfax County Library system did not own a copy of the Talmud, she said. She checked the Inter-Library Loan system. She could find no public library that owned a copy of the Soncino Talmud. The only copies she could find in the state were owned by universities.

… the Talmud … is one of the great classical writings of human civilization — enduring, influential, nourishing. The Talmud claims its place among the most successful pieces of writing in the history of humanity, along with the Bible, Plato's Republic, Aristotle's Politics, the Koran, and a very few other writings.

— Rabbi Dr. Jacob Neusner (5)

What's Wrong with This Picture?

In 1991, the American Jewish community was sufficiently influential to have the US Congress declare the Noahide Laws of the Talmud to be the basis "upon which our great Nation was founded." (6)

In 1999, the American Jewish community was sufficiently influential to have an amicus brief accepted by the US Supreme Court. The brief was based wholly on Talmudic law. (See Sentence and Execution, URL in footnote (22))

In 2002, the American Jewish community was sufficiently influential to arrange to use the US Supreme Court building as a banquet hall to serve a kosher dinner. The occasion marked the founding of the National Institute for Judaic Law. (16) The Institute has the stated purpose of injecting Talmudic law into American law and society. Two hundred people, including three Supreme Court Justices, attended. There is no doubt that those who arranged the dinner have great influence.

And yet these same influential Americans have overlooked a simple, fundamental step in their campaign to bring the Talmud to America. The Jewish leadership has not arranged for copies of the famous rabbi-approved, uncensored, Soncino Talmud to be placed on the shelves in public libraries throughout the US. (See Kudos for Soncino.)

The Soncino Talmud has received wonderful accolades; it is surely the greatest single public relations vehicle the Jewish religion possesses.

Rabbi Shmuley Boteach is a disciple of the Chabad Lubavitch Rebbe Rabbi Schneerson, and author of more than a dozen books popularizing Judaism in America. In his book, Judaism for Everyone, Rabbi Boteach puts it this way:

Why did Judaism, with its strong mystical tradition and celebration of everyday life, never become the Buddhism of the Western world, its spirituality embraced by millions of people the world over without becoming Jewish? Given the phenomenal influence that Jews exercise in so many fields, why have they done so poor a job at promoting Jewish values and teachings?

— Rabbi Boteach (21)

How ironic it is that with three Chabad outreach centers in Northern Virginia, neither those centers nor Rabbi Boteach have placed the Talmud on the shelves of local public libraries in Northern Virginia.

The Anti-Defamation League of B'nai B'rith (ADL) hosts a page on their website with the following official statement:

Censorship is not the answer to hate on the Internet. ADL supports the free speech guarantees embodied in the First Amendment of the United States Constitution, believing that the best way to combat hateful speech is with more speech.

— Ant-Defamation League of B'nai B'rith (20)

Surely the ADL intended to write "true speech" rather than "more speech." Given the fragmentary quotes from the Talmud found on the Internet, some of which are excerpted from unauthorized translations, wouldn't the ADL's best course be to distribute the Soncino Talmud widely? It is fully authorized, widely acclaimed, accurate, scholarly, and rabbi-approved. The entire set should be in every public library in the US, right next to all those copies of the Bible.

The commercial viability for marketing and distributing large reference works has been proven by the Encyclopedia Britannica and many other encyclopedias.

Many Forms of Censorship

Censorship and suppression can take many forms, from the most obvious to the most subtle. With religious works, censorship can be imposed from inside the circle of believers, or from outside. Authors or readers of a work may be threatened with death or imprisonment, or the entire work may be destroyed through book burning. When a work is expurgated, parts may be suppressed but preserved, or destroyed altogether. More subtle forms of censorship include the use of euphemisms and code words to hide or disguise the meaning of the text.

Perhaps the most subtle form of censorship is substituting a Reader's Digest-type abridgement for the original work. Those abridgements typically avoid the essential — and sometimes controversial — elements of the original work. (12)

It is not our purpose to point fingers, but to turn a page. No more censorship or suppression of any kind, from any source! We urge the non-Jews to open their minds to the Talmud, and urge Jews to stand on the courage of their convictions.

We do not need dishonest representations of Talmudic law, as described in Sentence and Execution, Accusation and Trial, Abuse of Context, and US v. Talmud Law. Americans would be interested to learn about the Talmudic laws that prescribe beheading Christians for practicing their religion (see America's New Government Church). Americans should be exposed to Talmud laws on child-adult sex and homosexuality, marriage, divorce, and menstruation (for URLs, see footnote (22)). In these days of Israeli-Palestinian unrest, Americans need to know about the Talmud laws permitting mass extermination of tribes, towns, and cities, and they need to know about traditional Jewish laws and attitudes concerning Gentiles (see What About Gentiles).

Rabbi Dr. Joseph Hertz, Rabbi Michael Rodkinson, Elizabeth Dilling, and others have written extensively showing how the Talmud has been suppressed by forces outside Judaism. (13) Suffice it to say we are unalterably opposed to censorship and suppression of the Talmud.

Why Not Share?

There is no danger that the US government will order the Talmud burned. In the 21st century, censorship and suppression of the Talmud will not come from outside the circle of believers. But the Talmud itself gives ample evidence that censorship and suppression can come from inside the circle of believers. In the following passage, we learn that the Sages specifically forbid non-Jews to read the Talmud, on pain of death.

GEMARA. … R. Johanan said: A heathen who studies the Torah deserves death, for it is written, Moses commanded us a law for an inheritance; it is our inheritance, not theirs. )

— Babylonian Talmud, Sanhedrin 59a
Soncino 1961 Edition, page 400

That passage goes on to describe R. Johanan's legal logic behind decreeing a death sentence for non-Jews who read the Talmud, and the translator amplifies the text with footnotes. Those interested should follow the Sanhedrin 59a hot link.

That passage has been criticized by the controversial Louisiana political figure, David Duke. The ADL charges that Mr. Duke took Sanhedrin 59a out of context, and defends the passage in an amusing way: the ADL takes Sanhedrin 59a out of context. See Appendix A: ADL Takes Talmud Quotes Out of Context.

… Returning to Ezra the Scribe

Hundreds of years earlier, before R. Johanan ("A heathen who studies the Torah deserves death") was born, Ezra the Scribe rewrote the Old Testament in the Assyrian script, though still in the Hebrew language. That constituted a crude form of encryption, with the result that only people familiar with both languages would be able to read the scrolls — but not Assyrians, not lay Hebrews, nor anyone else. It made the Written Law inaccessible to all but a few. (24)

Prior to that, we are told, Moses had specific instructions from LORD God never to write down the "Oral Law." Oral Law was passed down by word of mouth, memorized by successive generations of the priestly caste. Thus ordinary Hebrews were completely dependent on priests for both the Oral and Written Law. And even today, over a thousand years after Oral Law was committed to writing (see What is the Talmud? [37]), relatively few Jews have direct knowledge of it.

What an ironic contrast to the reign of King Hammurabi of Babylon (1795-1750 B.C.), who wrote the Code of Hammurabi on a stone obelisk for all citizens to see and inspect. (38)

The Talmud has never been the common fare for the ordinary Jew as the Bible has been for the ordinary Christian. Nor can the Jew take comfort when he asks a rabbi about Oral Law. There is no contemporaneous director of doctrine in Judaism as there is in the Catholic Church. Each rabbi speaks for himself, and interprets the law himself. (39)

The relative inaccessibility of the Talmud cuts off both the Jew and the non-Jew from the Jewish heritage. It is a modern truism that Jews are the most persecuted race/religion. Perhaps this strategy of the Jewish leadership is fatally flawed: If understanding breeds tolerance, hiding knowledge of one's self from neighboring communities may breed intolerance and hostility. Disinformation about the Talmud and Judaism could easily be combated if the Talmud were publicly accessible. The Talmud should be as freely available in local public libraries as the Bible and the Koran. For all of us who wish to find out about each other's faiths, the situation is tragic.

Rabbi Rodkinson Blames Christians

Rabbi Michael Rodkinson, the man who did so much to popularize the Talmud, was convinced that Christians, disguised as rabbis and working under cover, actually inserted offensive passages into the Talmud. In this passage from The History of the Talmud, he explains why he censored his own translation, deleting the disagreeable passages:

We are convinced that many, yes, very many, offensive passages in the Talmud are traceable to the Jews-Christians among the Rabbis. For a long time these Jews-Christians remained in close relations with their Jewish brethren, refrained from ostentatiously manifesting their belief in the messianism of Jesus; however, in their innermost selves they entertained and nourished a more and more unfolding rancor against the teachings as well as against the authority of law teachers, who would by means of all imaginable contrivances interfere with their clandestine plans to carry on propaganda for their ideas … it is to these Jews-Christians that we attribute the authorship of some of the above-cited sentences that sound in a measure defamatory to the Rabbis … We, in our new edition of the Talmud have omitted both legends concerning David, as we are certain they are not to be ascribed to the Rabbis of the Talmud …

— Rabbi Rodkinson (7)

Rabbi Rodkinson Censors the Talmud

Rabbinical censorship of the Talmud is so ingrained that it appears to be done unconsciously. Only 19 pages earlier in The History of the Talmud, Rabbi Rodkinson declares:

With the conclusion of the first volume of this work at the beginning of the twentieth century, we would invite the reader to take only a glance over the past of the Talmud, in which he will see that in almost every century and place of the different countries in Europe, the Talmud was condemned to the stake. By a glance over the present time, however, he will see that not only was the Talmud not destroyed, but was so saved that not even a single letter of it is missing; and now it is flourishing to such a degree as cannot be found in its past history, as will be seen further on.

— Rabbi Rodkinson (14)

While Rabbi Rodkinson boasted that "not even a single letter" of the Talmud is missing, he was deleting a large section of the text in Chapter VII of his translation of the Sanhedrin concerning pederasty and bestiality. In a footnote preceding the omitted text, Rabbi Rodkinson explains:

We deem it expedient not to translate about two pages of the text preceding the next Mishna, treating of miserable crimes with men and animals, and giving the discussion with questions and answers, it would be undesirable to express in the English language. However, it seems to us important to give the opinion of Rabh: "A minor who was over nine years and one day is guilty, and may be punished the same as one of age, if he commit a crime with man, or an animal of any kind and age." (And there is a Boraitha which agrees with him.) This is all that we think proper to take from the text.

— Rabbi Rodkinson (29)

Elizabeth Dilling includes a facsimile copy of Rabbi Rodkinson's footnote. (29) Which passages did Rabbi Rodkinson delete? The material he deleted occupies nine pages of text in the uncensored Soncino Sanhedrin — from Sanhedrin 54b through Sanhedrin 55a and most of Sanhedrin 55b. Rodkinson's translation resumes with the Mishnah in the last few words of Sanhedrin 55b. (25) Among the subjects covered in the deleted text: A man can commit homosexual acts and incur no guilt — moral or legal — provided his partner is under nine years old.

Rabbi Rodkinson's Undocumented Censorship

The Rodkinson Talmud is currently on line and publicly accessible at Sacred Texts. (33) The webmaster of Sacred Texts, J. B. Hare, guarantees us that the Rodkinson text is complete, apart from omission of obscure debates. We take issue with that statement in Appendix B: Rodkinson's Undocumented Censorship.

Sages Use Euphemisms

Other examples from the Talmud show that the Talmud Sages (or their copyists) tried to obscure the meaning of their statements with euphemisms. Footnotes in the Talmud often advise the reader that the terms being discussed are euphemisms. One such example can be found in Niddah 41b. The "attendant" seems to be a euphemism for the male sexual organ and the "threshing place" seems to be a euphemism for the female sexual apparatus.

GEMARA. … ALL WOMEN ARE SUBJECT TO UNCLEANNESS [IF BLOOD APPEARED] IN THE OUTER CHAMBER. Which is the OUTER CHAMBER? — Resh Lakish replied: All that part which, when a child sits, is exposed. Said R. Johanan to him: Is not that place deemed exposed as regards contact with a dead creeping thing? Rather, said R. Johanan, as far as the glands. The question was raised: Is the region between the glands regarded as internal or as external? — Come and hear what R. Zakkai taught: The region up to the glands and that between the glands is regarded as internal. In a Baraitha it was taught: As far as the threshing-place. What is meant by threshing-place? — Rab Judah replied: The place where the attendant threshes.

— Babylonian Talmud, Niddah 41b
Soncino 1961 Edition, page 285

You can find many other examples of the use of euphemism by searching on "euphemism" in the Come and Hear™ Search Engine. We have also researched a rather fascinating case study of the use of euphemism and aliases in Jesus' Membrum in the Talmud.

The Jewish Encyclopedia published a thoughtful article concerning euphemism in the Talmud, defining euphemism as:

A figure of speech by which a softened, indirect expression is substituted for a word or phrase offensive to delicate ears though more accurately expressive of what is meant. Instances of euphemisms are found in the Bible; and in the Talmud they are frequent, having been used whenever it was necessary to avoid unsuitable expressions. "Man should always express himself in fitting terms" (Sanh. viii. 1; Pes. 3a) was a favorite saying of the Rabbis … Euphemisms were used in deference to considerations of taste and delicacy.

— Jewish Encyclopedia (31)

Euphemisms and the Law

However, recall that the Talmud is a book of law. The Sages spent many weeks, months and years of contemplation and argumentation to develop their decisions and doctrines. Based on these decisions and doctrines, rabbis decided upon questions of life and death, and when to administer floggings and imprisonment. In a practical system of law, explicit statements are essential, and euphemism is an impediment.

Any system of law that relies on euphemism for its expression is flawed to that degree by the failure to record and communicate exactly what is intended. We may know of the confusion engendered by this inexact speech by reviewing the commentaries and explanations made through the millennia by Talmud scholars.

Partial Truth Is Partial Censorship

Rabbi A. James Rudin, senior interreligious adviser of the American Jewish Committee, speaks of the Vatican's decision to partially open its wartime archives:

… one thing is clear. Partial, incomplete or pre-selected archival records will not be enough in a world where transparency and full disclosure is now the norm if an institution — whether political, financial or spiritual — is to maintain its integrity. What is needed now is for the Vatican to fully open its World War II records.

— Rabbi Rudin (9)

We heartily endorse Rabbi Rudin's call for full disclosure. Partial truth and partial censorship is an unworkable strategy for fending off criticism. By quoting material out of context, it is possible for either side to distort the original intent. Such distortion precludes rational settlement of differences. Come and Hear™ has labored hard to bring the full context to Talmud cites by presenting the complete tractates from which the cites are taken.

Indexing As Aid to Full Disclosure

In 1952, Soncino published a volume containing a collated index of the previously published 63 tractates. That volume contained a table of abbreviations, an index of Scriptural references, an index to the statements of each of the Sages, a guide to the transliteration of Hebrew characters, a glossary, and a General Index — compiled from the previously published individual tractates. The General Index was particularly important: With a huge work like the Talmud, including a General Index allows the student to track any subject covered in the 63 tractates and get a comprehensive, rather than a fragmented picture, of what the Sages taught. The Chief Rabbi of the British Commonwealth, the Very Reverend the late Dr. Israel Brodie wrote a foreword praising the usefulness and attesting to the indispensability of the General Index. (19)

Sometime after 1961, Soncino reformatted the text to include English and the original languages on facing pages, labeled with folio numbers. The original galleys were cut and pasted onto larger pages, the original page numbers were dropped, and the new volumes were printed without page numbers. In our opinion, the job was less than first-class, and the changes made the 1952 index unusable. (34)

To compensate, Soncino added a table to the Index volume that enables the reader to convert the old page numbers into folio numbers. The once elegant tool became awkward and the Talmud became less accessible. We think this is unfortunate. Soncino would perform a public service by republishing the volumes as they appeared in 1961, or numbering the pages in the current edition and fixing all the page references.

There should be no need to ask a rabbi or rely upon "Talmud for Dummies" compendiums. We surely need to go directly to the source of wisdom and not rely upon gatekeepers. Let's make the Talmud accessible to everyone for independent study, just as the Bible and Koran are available. There would be nothing more effective than encouraging the Soncino Press to re-issue the 1961 edition with the compiled subject index volume.

Let's All Join in Talmud Discussion

It is an American principle of law that each of us has the right to confront his accusers with the truth — but this right is also a responsibility. This is not only true of US law, but it is also a principle of the Talmud itself. One of the best-known Talmud scholars alive today advises us:

The Talmud is open-ended and invites you to join in its discussion. The main trait of the Talmud is its argumentative character, its argument, back and forth. Once you have not only a proposition but the reason for it, then you may evaluate the reason, criticize it, or produce a contrary proposition based on a better reason and argument. And since the Talmud shows its hand at every point, its framers indicate that they want us to join in. And we do, and we do.

— Rabbi Dr. Jacob Neusner (5)

Rabbi Sacks Succumbs To Censoring

Indeed, Rabbi Sachs, whose call for religious understanding inspired this web page, has also fallen victim to self-censorship. On September 27, 2002, the British newspaper, The Independent published an article concerning Rabbi Sachs's latest book, The Dignity of Difference.

The Orthodox Chief Rabbi, Dr Jonathan Sacks, has been forced into an embarrassing climbdown after being accused of heresy by more conservative elements within the Jewish community.
 
Dr Sacks was summoned to a closed-door meeting with other religious leaders after suggesting — in an apparent appeal for interfaith understanding — in his new book, The Dignity of Difference, that no one creed held all the answers …
 
According to today's edition of the Jewish Chronicle, the section of the book that had caused the latest controversy reads: "God has spoken to mankind in many languages: through Judaism to Jews, Christianity to Christians, Islam to Muslims."
 
Dr Sacks also wrote: "No one creed has a monopoly on spiritual truth; no one civilisation encompasses all the spiritual, ethical and artistic expressions of mankind … In heaven there is truth; on earth there are truths … God is greater than religion. He is only partially comprehended by any faith …"
 
Responding to claims that his book had gone too far in its plea for interfaith understanding, Dr Sacks emphasized that it had been intended for a wider, non-Jewish readership.

— The Independent (10)

Rabbi Sacks was writing for a "wider non-Jewish audience"?? This statement tells us that Rabbi Sacks writes one thing for a Jewish audience, and another for a non-Jewish audience. What does he omit when he writes for a "wider non-Jewish audience?" Isn't the truth the truth, regardless of the audience?

Rabbi Sacks' "climbdown" occurred barely six months after he suggested that we all find out about each other's faiths. (11) We believe that Rabbi Sacks should be as open and honest about Judaism with non-Jews as he is with Jews. Telling only part of the truth is a form of censorship, and censorship can only defeat Rabbi Sacks's purpose of bringing about interfaith understanding.

To paraphrase Rabbi A. James Rudin: Partial, incomplete, or pre-selected religious teachings will not be enough in a world where transparency and full disclosure is now the norm.

This is the time for Jews and non-Jews to be honest, forthright, and trusting of one another. This is the time to come and hear the truth, the whole truth, and nothing but the truth. Nothing less can bring about the understanding, trust, and tolerance between religions that our world so badly needs.

Thank you for your consideration of the above,
Carol A. Valentine,  Ear@Come-and-Hear.com
July 14, 2003 ( This article is on line at http://www.come-and-hear.com/editor/censorship_1.html )
 

NEXT:   Censoring the Talmud 2: Jesus' Membrum in the Talmud
 

Endnotes:

This and other Come and Hear™ Studies on Talmudic Judaism can be found online:

http://www.come-and-hear.com/editor

The Jewish Religion: Its Influence Today by Elizabeth Dilling, complete with all 300 exhibits, can be found online:

http://www.come-and-hear.com/dilling

Soncino Babylonian Talmud tractates, with Forewords, Introductions, Glossary, List of Abbreviations, and footnotes. Now you can study the Babylonian Talmud in full context and with the running commentary of the finest scholars of Judaism:

Tractate Berakoth: http://www.come-and-hear.com/berakoth

Tractate Shabbath: http://www.come-and-hear.com/shabbath

Tractate Yebamoth: http://www.come-and-hear.com/yebamoth

Tractate Kethuboth: http://www.come-and-hear.com/kethuboth

Tractate Nedarim: http://www.come-and-hear.com/nedarim

Tractate Nazir: http://www.come-and-hear.com/nazir

Tractate Sotah: http://www.come-and-hear.com/sotah

Tractate Gittin: http://www.come-and-hear.com/gittin

Tractate Baba Kamma: http://www.come-and-hear.com/babakamma

Tractate Baba Mezi'a: http://www.come-and-hear.com/babamezia

Tractate Baba Bathra: http://www.come-and-hear.com/bababathra

Tractate Sanhedrin: http://www.come-and-hear.com/sanhedrin

Tractate Abodah Zarah: http://www.come-and-hear.com/zarah

Tractate Horayoth: http://www.come-and-hear.com/horayoth

Tractate Niddah: http://www.come-and-hear.com/niddah

Tractate Tohoroth: http://www.come-and-hear.com/tohoroth

Search the Talmud http://www.come-and-hear.com/tindex.html

Download all the above resources for local study, CD, or mirror web site:

http://www.come-and-hear.com/download

---

Appendix A: ADL Takes Talmud Quotes Out of Context

Finding that text has been taken out of context is always disappointing. In a position paper entitled "The Talmud in Anti-Semitic Polemics," the ADL reports that David Duke took text out of context to produce a classic anti-Semitic attack. Here is the ADL description:

To substantiate their depiction of Jews as conspirators and plotters against their non-Jewish neighbors, anti-Semitic polemicists often cite a passage found in several places in the talmudic and midrashic literature stating that non-Jews who study Torah are deserving of death; in their minds, this statement amounts to a secrecy pact among Jews to prevent news of their nefarious creed from reaching the rest of the world. In his autobiography My Awakening, David Duke dramatizes his encounter with this Talmudic statement when he first read selections from the Talmud:

One of the first passages I read really surprised me. It said,
 
"A heathen [Gentile] who pries into the Torah [and other Jewish Scriptures] is condemned to death, for it is written, 'It is our inheritance, not theirs.'"
(Sanhedrin 59a) … (My Awakening, p. 241)

Duke apparently did not read on, however, or he would have seen another Talmudic opinion on the matter. The entire passage reads:
 

[Hebrew text]
 
R. Yohanan said, "A non-Jew who studies Torah is worthy of death, as the verse states (Deuteronomy 33:4), 'Moses commanded us the Torah as an inheritance' — implying that it is for us but not for them [non-Jews]" … R. Meir said, "How do we know that a non-Jew who studies Torah is like a High Priest? From the verse which states (Leviticus 18:5), '… that a man shall carry out these laws by which he shall live.' The verse does not refer to Jews but to the generic 'Man' — thereby teaching that even a non-Jew who studies Torah is like a High Priest."

— ADL (36)

The ADL argument seems reasonable, and it quotes text omitted by Mr. Duke. The ADL then explains in two long paragraphs that "neither R. Yohanan nor R. Meir is speaking literally … an essential aspect of Jewish doctrine has been to spread God's light to the non-Jewish nations of the world." But notice the ellipses that appear in the ADL quotation, above? What text did the ADL omit? Let's have a look.

The Soncino translation of Sanhedrin 59a contains important text in the place of ADL's ellipsis, and an additional sentence at the end of the paragraph. The parts omitted by the ADL are in emphasized bold typeface, and the entire paragraph reads as follows:

GEMARA. … R. Johanan said: A heathen who studies the Torah deserves death, for it is written, Moses commanded us a law for an inheritance; it is our inheritance, not theirs. Then why is this not included in the Noachian laws? — On the reading morasha [an inheritance] he steals it; on the reading me'orasah [betrothed], he is guilty as one who violates a betrothed maiden, who is stoned. An objection is raised: R. Meir used to say. Whence do we know that even a heathen who studies the Torah is as a High Priest? From the verse, [Ye shall therefore keep my statutes, and my judgments:] which, if man do, he shall live in them. Priests, Levites, and Israelites are not mentioned, but men: hence thou mayest learn that even a heathen who studies the Torah is as a High Priest! — That refers to their own seven laws.

— Babylonian Talmud Sanhedrin 59a
Soncino 1961 Edition, page 400 (emphasis added)

Thus, we see, the full text reads just as the "anti-Semitic polemicists" allege: In the eyes of the Talmud Sages, a Gentile who studies the Torah deserves death. It is Abraham Foxman's staff at the ADL who have reversed the original meaning of the text. This page of the Soncino Babylonian Talmud was reproduced in photocopy by Elizabeth Dilling in her The Jewish Religion: Its Influence Today as Exhibit 60. (35) Sanhedrin 59a appears in a long discussion that ranges from Sanhedrin 56a through 60a. That is a discussion the seven "Noachian (or Noahide) Laws." Violation of any of these laws results in a death penalty for a Gentile. In the passage in question, R. Johanan is including study of the Torah by Gentiles as a capital offense under the Noahide Laws. A Gentile who studies the Torah is in violation of those laws, either because he is stealing an inheritance or violating a betrothed maiden — take your pick. The death sentence earned by the Gentile is reiterated in Sanhedrin 57a:

GEMARA. … R. Huna, Rab Judah, and all the disciples of Rab maintained: A heathen is executed for the violation of the seven Noachian laws; the Divine Law having revealed this of one [murder], it applies to all.

— Babylonian Talmud Sanhedrin 57a
Soncino 1961 Edition, page 388

A serious student who wants to understand Talmud-based Jewish religious teachings concerning Gentiles and the Torah, and Gentiles in general, should read The Jews Are Called "Man," by a leading Israeli Torah scholar, Rabbi David Bar-Chayim. Rabbi Bar-Chayim's work has been published on the Internet by Daat Emet. The complete Daat Emet presentation is available through the link in the Supplement Section.

In the Introduction, Rabbi Bar-Chayim shows us that the normative interpretation concerning Gentiles and the Torah is as follows:

[A Gentile] is permitted to study those specific seven Noahide commandments — and if he learned more than this, he is punishable by death. So the Tosaphot wrote in Tractate Avodah Zara 3a, s.v. sh'afilu, and Maimonides in The Laws of Kings, chapter 10, halacha 9, writes: "A Gentile who engaged in Torah is punishable by death. He should not engage in anything other than their seven commandments alone."

— Rabbi Bar-Chayim (emphasis in original) (40)

It is beyond the scope of this essay to speculate on the ADL's purpose in the censoring the sacred Talmud, but a good Talmud translation shows they certainly have done so. It does not help to misrepresent your opponent during a debate — it makes the ADL look dishonest, and that doesn't help the ADL cause. Telling partial truths does not further understanding between people of different faiths. We urge the Jewish people to put pressure on the ADL to stop misrepresenting Jewish religious beliefs.

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Appendix B: Rodkinson's Undocumented Censorship

The Rodkinson Talmud is currently on line and publicly accessible at Sacred Texts. (33) The webmaster of Sacred Texts, J. B. Hare, guarantees us that the Rodkinson text is complete, apart from omissions of obscure debates. J. B. Hare asserts that Rabbi Rodkinson has documented all such omissions, and it is "hurtful" to suggest otherwise.

Some quote material out of context, or ascribe hostile intent to innocent passages. The most hurtful critics are those who claim that Rodkinson deliberately left out material to conceal an evil Jewish agenda. After completion of this etext, I can unequivocably [sic] state that this is hogwash. Rodkinson's Talmud is, by definition, an abridgement for modern readers. He left out only the sections where the debate spins off into complete obscurity, and was careful to document where he did so. Now that this incredible text, lovingly translated, is on the Internet perhaps these criticisms can finally be put to rest.

— J.B. Hare (41)

J. B. Hare states that Rodkinson omitted text only where "the debate spins off into complete obscurity." But Rabbi Rodkinson himself gives his reasons for omitting text in his book, The History of the Talmud (cited above). He suggests that rabbis who were secretly Christians inserted text into the Talmud "to carry on propaganda for their ideas." Rabbi Rodkinson uses the word "offensive" to describe the passages he omits, and he says there are "very many" of them.

In a footnote in New Edition of the Babylonian Talmud Rabbi Rodkinson tells his readers that he has omitted two pages of material from Tractate Sanhedrin, Chapter VII. Rabbi Rodkinson states that the omitted text pertains to "miserable crimes with men and animals" (cited above).

J. B. Hare ignored Rabbi Rodkinson's own statements describing the material omitted and the reasons for omitting it. J. B. Hare also asserts that Rabbi Rodkinson "was careful to document where he" omitted text. A cursory examination reveals two undocumented omissions, and it is reasonable to assume there are others. Remember, in Rabbi Rodkinson's own words, there were "very many" offensive passages.

Rodkinson's Undocumented Censorship, Example 1

One passage we found in Shabbath 118b is of little consequence. Here is the Rodkinson text from Sacred Texts. Between these two paragraphs, text is deleted, but Rabbi Rodkinson does not indicate any omission:

Said R. Jose: "I have gone in unto my wife five times and have planted five cedars in Israel." Who are they? R. Ishmael, R. Eliezer, R. 'Halafta, R. Aftiles, and R. Mena'hem, all sons of R. Jose. But he also had a son called Vradimos? Nay; Vradimos is the same as R. Mena'hem, and the reason he was called Vradimos was because his face was as beautiful as a rose (Vrad is Aramaic for rose).
 
Said R. Jose again: "In all my days the ceiling of my house never saw the seam of my undershirt." Again said be: "I never acted contrary to the advice of my colleagues. I know well that I am not a descendant of priests, but when my colleagues asked me to pronounce a benediction usually said by priests, I did so." Again he said: "I never said a thing that I afterwards repented having said."

— New Edition of the Babylonian Talmud, Tractate Shabboth, Chapter XVI (27)

Here is the text that should appear between the two paragraphs, above. This text is shown as it appears in the Soncino Talmud:

GEMARA. … Shall we say that R. Jose did not fulfil his marital duties? — Rather say, I cohabited five times and repeated.
 
R. Jose said: I have never called my wife 'my wife' or my ox 'my ox', but my wife [I called] 'my home,' and my ox 'my field'.
 
R. Jose said: I have never looked at my circumcised membrum. But that is not so, for Rabbi was asked, Why were you called 'Our holy Teacher?' Said he to them, I have never looked at my membrum? — In Rabbi's case there was another thing to his credit, viz., he did not insert his hand beneath his girdle.

— Babylonian Talmud, Tractate Shabbath 118b
Soncino 1961 Edition, pages 583-584

This text has been marked with underlining in the Come and Hear™ hypertext Talmud, available through the above link.

Rodkinson's Undocumented Censorship, Example 2

This text, omitted from Sanhedrin 106a, is more serious because it has been the subject of some controversy. To some Talmud scholars, the words "she who was the descendant of princes and governors, played the harlot with carpenters" refers to Mary, mother of Jesus. The interpretation reinforces the theory that "Balaam" (Rodkinson's "Bil'am") is a code name for Jesus (as, for example, Elizabeth Dilling wrote [32]). Sanhedrin 106a is discussed in detail in Jesus' Membrum in the Talmud. The text deleted by Rabbi Rodkinson is shown with underlining in Sanhedrin 106a of the Come and Hear™ hypertext Talmud. Rabbi Rodkinson included only the least controversial segments of Sanhedrin 106a. His omission occurs after the second paragraph in this excerpt:

It reads [Num. xxxi. 8]: "And the kings of Midian they [p. 344] slew, besides the rest of their men that were slain … and Bil'am, the son of Beor, they slew with the sword." What hath Bil'am to do there? Said R. Johanan: He went to take the reward for the twenty-four thousand Israelites who were killed through his advice. Said Mar Zutra b. Tubia in the name of Rabh: This is what people say: A camel wanted to get horns, and therefore the ears he possessed were cut off.
 
[Josh. xiii. 22]: "And Bil'am, the son of Beor, the soothsayer." The soothsayer! Was he not a prophet? Said R. Johanan: At the beginning he was a prophet, but thereafter became a soothsayer.
 
A Sadducaer said to R. Hanina: Are you aware of Bil'am's age when he was slain? And he answered: There is nothing written about it, but from [Ps. iv. 24]: "Let not the men of blood and deceit live out half their days," I understand that he must have been thirty-two or thirty-three when he was killed. And the Sadducaer answered: Thou sayest well, as I saw the record of Bil'am, and it was written therein thirty-three years was Bil'am when he was killed by Pinehas, the murderer.

— New Edition of the Babylonian Talmud, Tractate Sanhedrin, Chapter XI (26)

Here is the text Rabbi Rodkinson omitted as it appears in the Soncino Sanhedrin 106a:

GEMARA. … R. Papa observed: This is what men say, 'She who was the descendant of princes and governors, played the harlot with carpenters. Did the children of Israel slay with the sword among them that were slain by them. Rab said: They subjected him to four deaths, stoning, burning, decapitation and strangulation.

— Babylonian Talmud, Tractate Sanhedrin 106a
Soncino 1961 Edition, page 725

Interested readers are encouraged to explore the Rodkinson Talmud (as presented at Sacred Texts) and compare it with the Soncino translation at Come and Hear™. A possible starting point is use of "membrum" (penis), instances of which can be found with the Come and Hear™ Search Engine.

Rodkinson Uses Word Substitution

Let's take another look at the Rodkinson text cited above:

A Sadducaer said to R. Hanina: Are you aware of Bil'am's age when he was slain? And he answered: There is nothing written about it, but from [Ps. iv. 24]: "Let not the men of blood and deceit live out half their days," I understand that he must have been thirty-two or thirty-three when he was killed. And the Sadducaer answered: Thou sayest well, as I saw the record of Bil'am, and it was written therein thirty-three years was Bil'am when he was killed by Pinehas, the murderer.

— Rabbi Rodkinson (42)

This is translated in the Soncino text as follows:

GEMARA. … A certain min said to R. Hanina: Hast thou heard how old Balaam was? — He replied: It is not actually stated, but since it is written, Bloody and deceitful men shall not live out half their days, [it follows that] he was thirty-three or thirty-four years old. He rejoined: Thou hast said correctly; I personally have seen Balaam's Chronicle, in which it is stated, 'Balaam the lame was thirty years old when Phinehas the Robber killed him.'

— Babylonian Talmud, Tractate Sanhedrin 106b
Soncino 1961 Edition, page 725

The word min in the Soncino Glossary translates to "a heretic, esp. a member of the sect of the early Jewish Christians." Sanhedrin 90b, page 604, footnote 12 (seen here as footnote 17) defines min as a "term used generally as a designation for Judeo-Christians." In place of min, however, Rabbi Rodkinson uses the word "Sadducaer." The two meanings are not the same, nor could they ever be the same.

The complete text contains, first, a reference to a woman who is a "descendant of princes and governors [who] played the harlot with carpenters," some remarks from a Judeo-Christian, and then a discussion of someone who was killed in his early thirties. For the casual reader, the suspicion mounts that these may in fact be references to Jesus.

By dropping the sentence about the "harlot" and changing the definition of min (Christian), the suggestion of Jesus and the attendant controversy evaporate. Whether the passage originally referred to Jesus is not the point. Omission and modification of the text constitutes censorship.

Conclusion

Despite the testimony of J. B. Hare of Sacred Texts, the Rodkinson's New Edition of the Babylonian Talmud is not a reliable translation of the Talmud. Censorship of an important religious document is bad enough. But when this is coupled with an attestation that the text is complete, such as J. B. Hare's, a sincere student of religion is done a serious disservice.

    
 

Footnotes
Full specifics for each of the printed sources are provided in the Bibliography. Outside URLs were valid at the time this article was written. However, be mindful that URLs do change.

1. The Essential Talmud, page 3. The Steinsaltz web page was available at http://www.steinsaltz.com/ravsacks.htm cached at: http://www.come-and-hear.com/editor/steinsaltz-honors.
2. "Introduction," The History of the Talmud, Vol. I, page 1 available at http://www.come-and-hear.com/talmud/rodkinson_1.html#p1
3. Herschel Revel, Librarian of the Isaac Elchanan Theological Seminary, New York, writing for The Universal Jewish Encyclopedia, s.v. "Talmud," Volume 10, page 165.
4. The History of the Talmud, Vol. I, pages 118-119 available at http://www.come-and-hear.com/talmud/rodkinson_6.html#p118
5. "Foreword" by Rabbi Dr. Jacob Neusner, Everyman's Talmud, page ix
6. Joint House Resolution 104 Public Law 102-14, http://thomas.loc.gov/cgi-bin/bdquery/z?d102:HJ00104:|TOM:/bss/d102query.html cached at http://www.come-and-hear.com/editor/pl-102-14-1991;
   also http://thomas.loc.gov/cgi-bin/query/z?c102:H.J.RES.104.ENR: cached at http://www.Public-Action.com/x/nh-hjr104
   For history of Congressional acts honoring Rabbi Schneerson annually since 1975, see http://www.come-and-hear.com/supplement/noahide
7. The History of the Talmud, Vol. I, Appendix A, footnote, page 136, as shown by Sacred Texts http://www.sacred-texts.com/jud/t10/ht123.htm#fn_17 cached at http://www.come-and-hear.com/rodkinson/ht123.htm#fn_17
9. "While the Messiah Tarries" by Rabbi A. James Rudin, Forward, February 22, 2002: http://www.forward.com/issues/2002/02.02.22/oped2.html cached at: http://www.come-and-hear.com/editor/forward.
10. "Chief Rabbi recants after 'heresy' claim," The Independent, 27 September, 2002: http://news.independent.co.uk/uk/this_britain/story.jsp?story=337034 cached at http://www.come-and-hear.com/editor/sachs-recants-indpt
11. "Charles lends weight to time sharing multi-faith initiative," The Guardian, April 15, 2002:
    http://www.guardian.co.uk/jubilee/story/0,11550,684553,00.html cached at http://www.come-and-hear.com/editor/sacks-guardian-04-15-2002. Rabbi Sacks's web page is available at: http://www.chiefrabbi.org/index1.html (Note: There is no organizational affiliation between Come and Hear™ and the United Hebrew Congregations of the British Commonwealth.)
12. Case in point: If your library has a copy of Rabbi Adin Steinsaltz, The Essential Talmud, turn to Chapter XVIII, "The Status of Women." Compare his characterization of the status of women under the Talmud with information in Sex with Children by Talmud Rules, Talmud Laws of Menstruation, Really, Really, Kosher Sex, and Talmud Daughters Become Talmud Wives. You will see that what Steinsaltz mentions in his compendium is interesting, but what he omits is even more interesting.
13. Babylonian Talmud, on line URLs as follows:
    • "Foreword," Section V, Seder Nezikin, Vol. I, page xxv available at http://www.come-and-hear.com/talmud/nezikin_h.html#xxv
    • The Jewish Religion: Its Influence Today, Chapter II, "The Talmud Reviled," page 6: http://www.come-and-hear.com/chapt02.html
    • The History of the Talmud, Vol. I, page 117 et seq.: http://www.come-and-hear.com/talmud/rodkinson_6.html#p117 — can also be found at http://www.sacred-texts.com/jud/t10/ht122.htm
14. The History of the Talmud, Vol. I, page 117 et seq.: http://www.come-and-hear.com/talmud/rodkinson_6.html#p117 — can also be found at http://www.sacred-texts.com/jud/t10/ht122.htm
15. New Edition of the Babylonian Talmud, title page, facsimile from The Jewish Religion: Its Influence Today, Exhibit 4 available at http://www.come-and-hear.com//dilling/4.html
16. "Jewish law institute launched in DC," Jerusalem Post, November 9, 2002, http://www.jpost.com/servlet/Satellite?pagename=JPost/A/JPArticle/ShowFull&cid;=1036830287246, now moved to http://pqasb.pqarchiver.com/jpost/index.html?ts=1042784008 cached at: http://www.come-and-hear.com/editor/cp-jp-11-09-2002
17. Johannes Reuchlin as quoted by Rabbi Dr. J.H. Hertz, "Foreword," Seder Nezikin, Vol. I, page xxv available at http://www.come-and-hear.com/talmud/nezikin_h.html#xxv
18. "Isaac Mayer Wise," Jewish Virtual Library: http://www.us-israel.org/jsource/biography/IWise.html
19. For an attestation to the usefulness of the Soncino Talmud General Index, see Babylonian Talmud, the Very Rev. the Chief Rabbi Dr. Israel Brodie's Foreword
20. "Hate on the World Wide Web: A Brief Guide to Cyberspace Bigotry," Anti-Defamation League: http://www.adl.org/special_reports/hate_on_www/print.asp cached at http://www.come-and-hear.com/editor/adl-hates-censorship
21. Judaism for Everyone, page 294
22. These articles can be found on line at the following addresses:
    Sentence and Execution: http://www.come-and-hear.com/editor/capunish_1.html
    Accusation and Trial: http://www.come-and-hear.com/editor/capunish_2.html
    Abuse of Context: http://www.come-and-hear.com/editor/capunish_3.html
    US v. Talmud Law: http://www.come-and-hear.com/editor/capunish_4.html
    America's New Government Church: http://www.come-and-hear.com/editor/america_1.html
    Sex with Children by Talmud Rules: http://www.come-and-hear.com/editor/america_2.html
    Talmud Laws of Menstruation: http://www.come-and-hear.com/editor/america_3.html
    Talmud Daughters Become Talmud Wives: http://www.come-and-hear.com/editor/america_6.html
    And So a Talmud Marriage Ends: http://www.come-and-hear.com/editor/america_7.html
23. Babylonian Talmud; Soncino Talmud translator Rev. Dr. Israel W. Slotki quotes G. F. Moore, Judaism, in Tractate Kethuboth 111a, page 716, footnote 2:
    "The 'sufferings' or 'travail' are more fully described in Sanh. 97b, Sonc. ed. p. 654. These are the 'throes of mother Zion which is in labor to bring forth the Messiah — without metaphor, the Jewish people'." Available here as http://www.come-and-hear.com/kethuboth/kethuboth_111.html#111a_52, note 52
24. The Jewish Encyclopedia, s.v. "Ezra the Scribe," Vol. V, page 322, available at http://jewishencyclopedia.com/view_page.jsp?pid=1&artid;=578&letter;=E
25. Babylonian Talmud, Tractate Sanhedrin 54b, page 369, line 5 through to Tractate Sanhedrin 55b, page 378 line 5 (missing text is underlined in the Come and Hear™ hypertext) was censored by Rabbi Rodkinson in his translation, as currently available at Sacred Texts http://www.sacred-texts.com/jud/t08/t0810.htm#fn_52 and cached at http://www.come-and-hear.com/editor/rodkinson/t0810.htm#fn_52
26. New Edition of the Babylonian Talmud, Tractate Sanhedrin, Chapter XI, page 344, available at Sacred Texts http://www.sacred-texts.com/jud/t08/t0814.htm
27. Ibid, Tractate Shabboth, Chapter XVI, page 250, available at Sacred Texts http://www.sacred-texts.com/jud/t01/t0128.htm
28. Herschel Revel, Librarian of the Isaac Elchanan Theological Seminary, New York, writing for The Universal Jewish Encyclopedia, s.v. "Talmud," Volume 10, page 165.
29. New Edition of the Babylonian Talmud, Vol. VIII, "Sanhedrin," Chapter VII, page 166, shown in facsimile as Exhibit 7 in Jewish Religion: Its Influence Today. Also available at Sacred Texts http://www.sacred-texts.com/jud/t08/t0810.htm#fn_52 and cached at http://www.come-and-hear.com/editor/rodkinson/t0810.htm#fn_52
30. The tyranny of hate: the roots of antisemitism: a translation into English of Memsheleth sadon by Constantin Brunner, translated by Graham Harrison, abridged and edited by Aron M. Rappaport - Lewiston: Edwin Mellen Press, c1992, page 9 http://www.constantinbrunner.info/tyranny.htm cached at http://www.come-and-hear.com/editor/brunner
31. The Jewish Encyclopedia, s.v. "Euphemism," Vol. V, page 267, available at http://www.jewishencyclopedia.com/view.jsp?artid=517&letter;=E&search;=euphemism
32. The Jewish Religion: Its Influence Today, page 14, available at http://oemcomputer2/come-and-hear/c/dilling/chapt03.html#Christ_as_Balaam
33. Sacred Texts is found at http://www.sacred-texts.com/
34. In the original volumes, cross-references in the footnotes used page numbers. For example, page 275 of the Baba Bathra, footnote 1 reads "V. p. 274, n. 1," drawing the reader's attention to the first footnote on the previous page. Likewise, the General Index used page numbers. Loss of page numbers also made all this information more inaccessible.
35. Page 400 of the Soncino Babylonian Talmud Tractate Sanhedrin is reproduced in Elizabeth Dilling's The Jewish Religion: Its Influence Today, Exhibit 60, available here at http://www.come-and-hear.com/dilling/60.html
36. "The Talmud in Anti-Semitic Polemics," Anti-Defamation League, page 9, http://www.adl.org/presrele/asus%5F12/the_talmud.pdf cached at http://www.come-and-hear.com/supplement/adl-talmud.pdf
37. What is the Talmud? is available at http://www.come-and-hear.com/editor/whatis.html
38. "Code of Hammurabi," http://mcadams.posc.mu.edu/txt/ah/Assyria/Hammurabi.html cached at http://www.come-and-hear.com/supplement/index.html#hammurabi
39. "Dangerous Halakhah," by Haim Cohen, Free Judaism, December, 1997, No. 7, http://www.free-judaism.co.il/eng/Epuindx1.html cached at http://www.come-and-hear.com/supplement/free-judaism-cohen.rtf
40. "Introduction," Daat Emet http://www.daatemet.org.il/daathalacha/en_gentiles1.html cached at http://www.come-and-hear.com/supplement/so-daat-emet/en_gentiles1.html
    The full study is available through connecting links. The complete Daat Emet presentation is available through the link at http://www.come-and-hear.com/supplement/index.html#chayim
41. "The Babylonian Talmud," The Internet Sacred Text Archive http://www.sacred-texts.com/jud/talmud.htm
42. New Edition of the Babylonian Talmud, Tractate Sanhedrin, Chapter XI, page 344
43. The full text of The Jewish Religion: Its Influence Today with all exhibits is available at Come and Hear™ at http://www.come-and-hear.com/dilling

© Copyright Carol A. Valentine, 2003. See copyright statement at http://www.come-and-hear.com/copyright.html

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Printer Friendly Version Critical Words of Talmud Study

In any field of study, the internal logic used in the subject and the terms (nomenclature) are of utmost importance. Anyone who wishes to understand the subject or apply it must understand the logic and the nomenclature. There are, however, certain barriers that must be overcome when studying the Talmud.

Logic of the Talmud

In the West, we use a system of logic developed by the Greeks. One of our principles is, "not both A and not-A." That is, two opposing statements — such as "I was born blind" and "I was not born blind" — cannot both be true.

However, the Talmud and Talmudists are not restricted by this principle of logic. Two opposing statements can both be true at one and the same time. Famed Israeli Talmud scholar Rabbi Adin "Even Yisrael" Steinsaltz gives us an example. In the following, he states that on the issues where they contradict each other, opposing schools of Talmudists are both right.

One of the great historical controversies was that between the methods of the "houses" (schools) of Shammai and Hillel, which lasted for more than a century. It was eventually resolved in the famous dictum: "Both are the words of the living God, and the decision is in accordance with the House of Hillel." The fact that one method is preferred does not mean that the other is based on a misconception. It, too, is an expression of creativity and of "the words of the living God." When one of the sages ventured to say a certain theory was not to his liking, he was scolded by his colleagues, who informed him that it was wrong to say of Torah, "This is good and this is not." Such a view analogous to the case of the scientist who is not permitted to say that a certain creature seems to him "unappealing." This does not mean to imply that evaluations (even of appeal) should never be made; they should, however, be based on consciousness of the fact that no man the right to judge or to determine that a certain object lacks beauty from the purely objective point of view.

— Rabbi Steinsaltz (1)

The following Talmud excerpt shows a disagreement between the scholars of Shammai and Hillel. Both the Shammai and Hillel schools consider whether an act of consecration is valid, even when done in error.

(In this and other excerpts, footnotes have been omitted. To view them in the Come and Hear™ hypertext, follow the link at the end of the excerpt. The uppercase text indicates that the passage is Mishnah, an authoritative statement of Talmudic law. The term Mishnah will be explained more fully below.)

MISHNAH. BETH SHAMMAI SAY THAT CONSECRATION IN ERROR IS [EFFECTIVE] CONSECRATION, BUT BETH HILLEL SAY THAT IT IS NOT EFFECTIVE. FOR EXAMPLE, IF SOMEONE SAYS, THE BLACK BULL THAT LEAVES MY HOUSE FIRST SHALL BE SACRED,' AND A WHITE ONE EMERGES, BETH SHAMMAI DECLARE IT SACRED, BUT BETH HILLEL SAY THAT IT IS NOT SACRED. [OR IF HE SAYS,] 'THE GOLD DENAR THAT COMES INTO MY HAND FIRST SHALL BE SACRED, AND A SILVER DENAR CAME TO HIS HAND BETH SHAMMAI DECLARE IT SACRED, WHILST BETH HILLEL SAY THAT IT IS NOT SACRED. [AGAIN, IF HE SAYS,] 'THE CASK OF WINE THAT I COME ACROSS FIRST SHALL BE SACRED,' AND HE COMES ACROSS A CASK OF OIL, BETH SHAMMAI DECLARE IT SACRED, BUT BETH HILLEL SAY THAT IT IS NOT SACRED.

— Babylonian Talmud, Nazir 30b-31a
Soncino 1961 Edition, page 110

Remember, Rabbi Steinsaltz would have us understand of these two pronouncements that "both are the words of the living God." Neither Shammai nor Hillel can be wrong. Thus, the white bull is both sacred and not sacred. The silver denar is both sacred and not sacred. The cask of oil is both sacred and not sacred. We have also learned another lesson: the "words of the living God" are, in this case, synonymous with the words of the rabbis of the Shammai and Hillel schools. (11)

In order to understand the union of opposites being espoused by Rabbi Steinsaltz, it is necessary to glimpse the doctrines of Judaic mysticism (the Kabbalah). Sandford L. Drob, Ph.D., Director of Psychological Assessment and Senior Forensic Psychologist at Bellevue Hospital in New York, will help us understand. In 1987, Dr. Drob cofounded the New York Jewish Review, which featured interviews and debates among leading rabbis, including Adin Steinsaltz, Moshe Tendler, David Bleich, and Norman Lamm.

Dr. Drob writes prolifically on Kabbalism and can explain the union of opposites. He begins with a description of the Kabbalist Ein-Sof (sometimes spelled Ein-sof or En-Sof).

Ein-Sof, the Infinite God, has no static, definable form. Instead, the Kabbalists conceive God, the world and humanity as evolving together through, and thus embodying, a number of distinct stages and aspects, with later stages opposing, but at the same time encompassing, earlier ones. The Kabbalist's God is both perfectly simple and infinitely complex, nothing and everything, hidden and revealed, reality and illusion, creator of man and created by man. As Ein-Sof evolves it is progressively revealed as "nothing whatsoever" (Ayin), the totality of being, the Infinite Will (Ratzon) , Thought and Wisdom, the embodiment of all value and significance (the Sefirot), the wedding of male and female, and ultimately the union of all contradictions. Ein-Sof is both the totality of this dialectic and each of the points along the way. Ein-Sof must be constantly redefined, as by its very nature, it is in a constant process of self-creation and redefinition. This self-creation is actually embodied and perfected in the creativity of humanity, who through practical, ethical, intellectual and spiritual activities, strives to redeem and perfect a chaotic, contradictory and imperfect world.

— Sanford L. Drob (11) (emphasis added)

Certainly, this is a different view of God and logic that not many can understand. The Creator and the created are evolving together; statements can be true and false at the same time, as Rabbi Steinsaltz says. Thank you, Dr. Drob, for clarifying.

For background on the Kabbalistic approach to Old Testament interpretation (based on numerology and ciphers), see excerpts from Professor E.M. Butler's Ritual Magic in Israel's "One Indigenous Science" Appendix: Practical Kabbalah, "A Veritable Storehouse for Magicians …"

Definitions Vary

Aside from this non-Western approach to logic, another barrier to studying the Talmud is the nomenclature. The definitions of key terms can vary with the context and the speaker, and sometimes with the speaker's intent. "Torah" is sometimes the first five books of the Old Testament, or the Talmud, or the first five books of the Old Testament and the Talmud, or the entire body of Jewish religious literature. Other key terms can have varying meanings, too, as we shall see.

Key words can be spelled differently, too, depending on the transliteration from the Hebrew or Aramaic. We recommend liberal use of the Soncino Talmud Glossary, of course, but some terms warrant special attention. Usage of these terms reveals some surprising information:

• The Talmud is not, as is sometimes said, a commentary on the Old Testament. A book of commentary on the Old Testament is called Midrash.
• Rabbinical Judaism considers the authority of the Talmud is equal to, or senior to, the authority of the Old Testament.
• The "Oral Law" of the Talmud may be Divine Revelation (like the New Testament or the Koran), or it may be the customs of men — officially accepted as the word of God.
• The revered Rabbi Akiba (who lived between 50 and 135 A.D.) devised Scriptural justifications for folk practices that had been accepted by prior generations.
• Jews who reject the Oral Law of the Talmud in favor of the Written Law of the Old Testament have been denounced as "idolaters."
• Genesis, Exodus, Leviticus, Numbers, and Deuteronomy, as presently written, may have been at one time lost and reconstructed from memory by the High Priest Ezra, after his return from the Babylonian Exile.

The terms to be discussed are these: Exegesis, Pharisee, Pentateuch, Midrash, Torah, Divine Law, Oral Law, Mishnah (sometimes spelled Mishna, plural form is Mishnayoth), Talmud, Halachah (sometimes spelled "halackah" or "halakhah," plural form is "halakot" or "halakoth," etc.), Haggadah (sometimes spelled "hagada" or "aggadah"), and Gemara.

Exegesis

The word exegesis is often used when discussing the Talmud. An exegesis is an inference, an explanation, or interpretation. The word is derived from Greek:

ex, out of + hegeisthai, lead.  (14)

The Talmud has its own method of exegesis, as explained in the Method and Scope section of the "Introduction by the Editor" to each of the Seders of the Soncino Babylonian Talmud:

No particular English version of the Bible is followed, as the Talmud has its own method of exegesis and its own way of understanding Biblical verses which it cites. Where, however, there is a radical departure from the English versions, the rendering of a recognised English version is indicated in the Notes. References to chapter and verse are those of the Massoretic Hebrew text.

— Rabbi Dr. Epstein  (13)

The Jewish Encyclopedia calls exegesis Israel's "one indigenous science." A more lengthy and detailed analysis of the science of exegesis is available in Israel's "One Indigenous Science", which, if the reader is following these studies in sequence, appears as #5 in The Roadmap series.

As you read the Talmud, you will have the opportunity to consult Biblical cites to review the process of Talmudic exegesis. Please note that each page of the Talmud here presented contains a link to an on-line Bible text service that includes many of the standard translations.

Pharisee

The Pharisees were a school of learned men in ancient Israel. They were also a ruling political party. Their rivals were the Sadducees, another school of learned men. It was the Pharisees who developed and passed down Oral Law and eventually committed it to writing. For the early history of the Pharisees and their relationship to Oral Law, see Introduction to Seder Nezikin by the Very Reverend the Chief Rabbi of the British Commonwealth, the late Jacob H. Hertz, "Origins," Section I.

Rabbi Dr. Finkelstein, who for 30 years was president of the Jewish Theological Seminary of America, puts it this way:

Pharisaism became Talmudism, Talmudism became Medieval Rabbinism, and Medieval Rabbinism became Modern Rabbinism. But throughout these changes of name, inevitable adaptation of custom, and adjustment of Law, the spirit of the ancient Pharisee survives unaltered. When the Jew reads his prayers, he is reciting formulae prepared by pre-Maccabean scholars; when he dons the cloak prescribed for the Day of Atonement and Passover Eve, he is wearing the festival garment of ancient Jerusalem; when he studies the Talmud, he is actually repeating the arguments used in the Palestinian academies.

— Rabbi Dr. Finkelstein (31)

A Pharisee, then, was a person who was learned in the Oral Law, and who subscribed to a particular world view, largely contained in the Talmud. In fact, contemporary rabbis are directly attuned with the Pharisees of Jesus' time through long and intensive study of the Pharisaic teachings in the Talmud; those teachings down to Jews through synagogues, Temples, community educational activities, and to children through Jewish day schools. Contemporary rabbis do not call themselves Pharisees, however. To call a contemporary rabbi a Pharisee is taking poetic license, though surely there is much truth in the statement.

The Jewish religion as it is today traces its descent, without a break, through all the centuries, from the Pharisees.

— Universal Jewish Encyclopedia (32)

Pentateuch

The Pentateuch is the first five books of the Old Testament, sometimes called the books of Moses. Those books are Genesis, Exodus, Leviticus, Numbers, and Deuteronomy.

Christians sometimes call the Pentateuch "Mosaic law" because, according to their faith, God dictated those books to Moses to be a law for the Hebrews in their new land of Israel.

The Jews call the Pentateuch "Written Law" to distinguish it from the Oral Law contained in the Talmud.

Midrash

The word Midrash appears often in Jewish religious literature, and in the Soncino Talmud, though it is not defined in the Soncino Talmud Glossary. Here is a workable definition:

"A verse by verse interpretation of Hebrew Scriptures [Old Testament] …" (2)

The Universal Jewish Encyclopedia tells us that:

The earliest Hebrew term for exegesis is Midrash, literally "seeking." When it deals with interpretation of law, it is called Midrash Halachah; when it deals with non-legal matters, it is called Midrash Haggadah.

— Universal Jewish Encyclopedia (30)

Rabbi Amy Scheinerman, a rabbi of a Reform Judaism congregation in Baltimore, considers the art of Midrash is alive and vital today:

Midrash is the art of extending and interpreting Torah by commenting on the text, answering unanswered questions in the text, or deducing laws and traditions from the text. From the time the Torah was closed and canonized, Jews have been interpreting and reinterpreting the sacred writings of the Torah. Many of these interpretations are expressed through Midrash. There are two basic types of midrashim: Halakhic midrashim deal with legal matters; Aggadic midrashim deal with moral and spiritual issues and tend to read like stories. The sages of old wrote midrashim to teach and inspire, explain esoteric legal matters, and interpret the meaning of events of their day. We, today, do the same. The art of midrash is alive and vital today, and you can participate.
 
Would you like to read the midrashim of my students?

— Rabbi Scheinerman  (15)

Torah

Jews and Christians generally agree that the Torah is God's word. Christians usually understand Torah to consist of the Old Testament. However, when rabbinical scholars use the term, Torah may consist of:

• The Pentateuch (books of Moses), or,
• The entire Old Testament (sometimes called "Hebrew Scriptures") or,
• The "Oral Law" contained in the Talmud, or,
• The Pentateuch and the Talmud, or,
• The Old Testament, the Talmud, and the entirety of Jewish religious writings, including those of Maimonides, Rashi, etc., or
• Any combination of the above.

First, let us examine the Soncino Press definition of Torah:

TORAH (Lit., 'teaching', 'learning', 'instruction'); (a) the Pentateuch (Written Law); (b) the Mishnah (Oral Law); (c) the whole body of Jewish religious literature.

— Soncino Talmud Glossary

The reason for multiple definitions is explained by the Very Reverend the Chief Rabbi of the British Empire (1913-1946), the late Rabbi Dr. Hertz:

The knowledge of the contents of that revelation, they [the scribes] held, was to be found in the first Instance in the Written Text of the Pentateuch; but the revelation, the real Torah, was the meaning of that Written Text, the Divine thought therein disclosed, as unfolded in ever greater richness of detail by successive generations of devoted teachers …

— Rabbi Dr. Hertz  (3)

So Torah is not just Scripture. Torah is also the interpretation of Scripture, and the interpretation of interpretations. In its extensive definition, Torah is the entire body of Jewish religious literature, and Jewish religious literature is whatever the rabbis accept as such. It is an ever-expanding library that may contain contradictory teachings, and often does. See Logic of the Talmud, above.

Thus in Judaism, divine revelation is not dependent on messiahs, prophets, or saints, as in some other religions; for the Jews, divine revelation comes about through rabbis passing down the teachings from one generation to the next, each adding his own interpretations and ideas to the material. Indeed, some Jewish scholars assert that the Jewish people as a whole constitute the Messiah. (24)

Let us have a look at some other authoritative statements about the relationship between Torah and Talmud.

For the Pharisees, Torah IS The Talmud

Rabbi Dr. Hertz continues. In the following, he borrows another's words to make his point that the Torah is the book of the Pharisees. The Old Testament was not the book of the Pharisees, of course. The Talmud is the record of Pharisaic teachings (see What Is the Talmud?). That is, Hertz states that the Talmud is the supreme document of religious revelation.

'Apart from the direct intercourse of prayer, the study of Torah was the way of closest approach to God; it might be called the Pharisaic form of the Beatific Vision. To study Torah was to think God's thought after Him …'

— Rabbi Dr. Hertz, quoting Kepler (3)

Even in the days of the Talmud Sages, the word "Torah" meant Talmud, as shown by the following excerpt from the Soncino Talmud.

MISHNAH. … THE TIMES FOR CONJUGAL DUTY PRESCRIBED IN THE TORAH ARE: FOR MEN OF INDEPENDENCE, EVERY DAY; FOR LABOURERS, TWICE A WEEK; FOR ASS-DRIVERS, ONCE A WEEK; FOR CAMEL-DRIVERS, ONCE IN THIRTY DAYS; FOR SAILORS, ONCE IN SIX MONTHS. THESE ARE THE RULINGS OF R. ELIEZER.

— Babylonian Talmud, Tractate Kethuboth 61b
Soncino 1961 Edition, page 369

Old Testament Believers Labeled "Idolaters"

So strong is the Jewish faith in the Pharisaic ideas contained in the Talmud, that Jews who reject the Talmud have been labeled idolaters. In his History of the Talmud, Rabbi Michael Rodkinson writes of the conflicts between the Sadducees and the Pharisees. The Sadducees interpreted the Old Testament literally, while the Pharisees interpreted it figuratively. (4) Eventually the Pharisees triumphed, and the Sadducees ceased as a religious sect. As can be seen in the following Mishnah regarding the laws of menstruation, Sadducees and Samaritans are not regarded as Israelites.

MISHNAH. THE DAUGHTERS OF THE SADDUCEES, SO LONG AS THEY ARE IN THE HABIT OF WALKING IN THE PATHS OF THEIR FATHERS, ARE TO BE REGARDED AS SAMARITAN WOMEN. IF THEY LEFT THOSE PATHS TO WALK IN THE PATHS OF ISRAEL, THEY ARE TO BE REGARDED AS ISRAELITISH WOMEN. R. JOSE RULED: THEY ARE ALWAYS REGARDED AS ISRAELITISH WOMEN UNLESS THEY LEAVE THE PATHS OF ISRAEL TO WALK IN THE PATHS OF THEIR FATHERS.

— Babylonian Talmud, Tractate Niddah 33b
Soncino 1961 Edition, pages 232-233

The translator of Soncino Tractate Niddah, Rev. Dr. Israel W. Slotki, confirms this exclusive definition of "Jew" as Pharisee in his introduction:

CHAPTER IV is concerned with the condition of uncleanness of non-Jewish women, such as Samaritans, Sadduceans and idolaters, and of women in protracted labour.

— Rev. Dr. Slotki (9)

Rabbi Rodkinson writes of another group of Jews called the Karaites who oppose the Pharisees. The Karaites base their faith on the written law contained in the Pentateuch.

The toleration of the Pharisees and of their teachings is well known. The disciples of the Beth Hillel have done all that lay in their power to bring them [Karaites] into the House of Israel: they credited them in regard to purification; they permitted them to be counted in the number of three for the benediction over the meal [Hebr. characters]; and in fact, wanted to consider them as Israelites for all purposes, but their animosity and trickery increased to such an extent that they could no more be tolerated, and therefore, the leaders of Israel were compelled to regard them in all respects as idolaters, and prohibited their bread, wine, and oil. Rabbanism endeavored, with all their might, to draw near them and debate with them, until they convinced themselves that their hatred toward Israel is so great that they said "[Hebr. characters]" (the rents will never be sewed together), "the Karaites will never make up with us," and they are up to date regarded as idolaters.

— Rabbi Rodkinson  (16)

Note that Rabbi Rodkinson states that "to date" the Karaites are regarded as idolaters. Rabbi Rodkinson wrote those words in 1903. The designation is unchanged since ancient times.

Contemporary Orthodox Jews Repudiate Old Testament Teachings

In December, 1999, leading Orthodox Jewish advocacy groups filed an amicus curiae brief with the US Supreme Court concerning capital punishment. The National Jewish Commission on Law and Public Affairs (COLPA) and the American Section International Association of Jewish Lawyers and Jurists IAJLJ) were represented by Nathan and Alyza Lewin. Nathan Lewin is on the Board of Governors of the Union of Orthodox Jewish Congregations of America ("Orthodox Union"), an organization that speaks on behalf of 1,000 Orthodox synagogues.

The brief states clearly that the Jewish religion rejects and condemns Old Testament methods of capital punishment. The methods described in the Talmud are considered religiously correct. For further information, see Capital Punishment 1.

Talmud Is Primary Source Of Law For Jews

In the following, Rabbi Adin Steinsaltz tells us that the Talmud, not the Old Testament, is the governing book of Judaism.

Even before the Talmud was completed, it was evident that this work was to become the basic text and primary source for Jewish law. It is actually the last book of source material in Jewish literature, since the works that followed were to a large extent based on it, derived their authority from it, and consulted it whenever necessary for elucidation of theoretical and practical problems.

— Rabbi Steinsaltz  (17)

This view confirmed by the Talmud. However, before we read the relevant excerpt, it would be useful to define another key term.

Halachah / Halakha

Halachah (Lit., 'step', guidance'), (a) the final decision of the Rabbis, whether based on tradition or argument, on disputed rules of conduct, (b) those sections of Rabbinic literature which dealt with legal questions, as opposed to the Aggadah [Haggadah.]

— Soncino Talmud Glossary
Soncino 1961 Edition, pages 734-735

Rabbi Rodkinson defines Halachah (Halakha) thus:

Halakha means custom, usage, practice; then, an adopted rule, a traditional law. In a more extended meaning, the term applies to matters bearing upon that law.

— Rabbi Rodkinson  (18)

Rabbinical Decisions, Not Scripture, Rule Conduct

In Tractate Hagigah 10a, Rab quotes from Zechariah 8:10 to support his statement on the seniority of the Talmud:

GEMARA. … Neither was there any peace to him that went out or came in, Rab said: As soon as a man goes forth from Halachic to Scripture study he no longer has peace.(1)

— Babylonian Talmud, Hagigah 10a
Soncino 1961 Edition, pages 49-50

The translator, Rabbi Prof. I. Abrahams, amplifies the text with this footnote:

1. Because the Halachah provides the ultimate ruling for conduct; cf. Hershon, Talmudic Miscellany, Ch. XI, No. 33, and the lines in Longfellow's 'Golden Legend' beginning: The Kavvala and Talmud lore, etc. (quoted in Streane's Chagigah).

— Rabbi Prof. Abrahams

— Talmud Comes First

Rab Judah is one of the most frequently quoted Sages in the Talmud. Note that Rab Judah did not advise studying the Old Testament. Instead, he advised fulfilling the laws of Seder Nezikin of the Talmud.

GEMARA. … Rab Judah said: He who wishes to be pious must [in the first instance particularly] fulfil the laws of [Seder] Nezikin.

— Babylonian Talmud, Baba Kamma 30a
Soncino 1961 Edition, page 161

Talmud Is Part Of "Torah"

With the passing of Rabbi Dr. Hertz, Israel Brodie became the Chief Rabbi of the British Commonwealth. Here are the words of the Very Rev. the Chief Rabbi Israel Brodie concerning the relationship between Talmud and Torah.

Bible, Mishnah and Talmud have formed the three main basic categories of the Torah discipline.

— Rabbi Brodie  (19)

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Famed Israeli Talmudic scholar Rabbi Adin "Even Yisrael" Steinsaltz says that the Talmud is part of the Torah.

In order to understand and appreciate the unique nature of the Talmud, one must first have a clear understanding of the unique Jewish concept of Torah study, of which studying the Talmud is a distinctive and characteristic part.

— Rabbi Steinsaltz (5)

Recall that Rabbi Steinsaltz explained to us earlier that even opposing statements within that Talmud are all "words of the living God." Rabbi Steinsaltz is obviously a brilliant and well-supported individual. According to his web page, he is currently translating the Talmud into English, French, and Russian. He is the founder of the Israel Institute for Talmudic Publications, and has enjoyed the backing of Israeli presidents and prime ministers; he is a recipient of Israel's highest honor, the Israel Prize.  (6)

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Talmud scholar Rabbi Dr. Jacob Neusner states that the Old Testament (Hebrew Scriptures) AND the Talmud make up the Torah of the Jews, and that the Talmud is received as God's word.

The Koran … is received by Muslims as God's word, as is the Bible by Christians and the Torah — comprising the Hebrew Scriptures or Old Testament and the oral traditions ultimately preserved in the Talmud — by the faithful of Judaism.

— Rabbi Dr. Neusner  (7)

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Now let us hear from Rabbi Dr. Isidore Epstein, editor of the Soncino Talmud, and later, the president of Jews College of London.

The civil and criminal law was regarded by the Jews as a part of the Divine Revelation — the Torah.

— Rabbi Dr. Epstein  (21)

Talmud Is Oral Torah

Rabbi Amy Scheinerman (introduced above), writing now for the Union of American Hebrew Congregations, says that the Talmud and its Mishnah (see below) have virtually the same status as the Old Testament:

For Orthodox Jews, the Hebrew Scriptures are a divinely authored text and therefore every commandment contained therein must be obeyed. The Mishnah and Talmud are considered to have virtually the same status and are called Oral Torah.

Rabbi Scheinerman  (10)

The Living Torah

Let us revisit our earlier quote from Rabbi Scheinerman. In that quote, the rabbi states that "Midrash is the art of extending and interpreting Torah," (15) and that her students are actively engaged in the activity today. We could interpret her words to mean that the Torah is a living entity, growing continuously as students produce commentary on what has been written before. This sense of Rabbi Scheinerman's remark is in agreement with Chief Rabbi Dr. Hertz, who wrote (quoted above) that "the real Torah, was the meaning of that Written Text, the Divine thought therein disclosed, as unfolded in ever greater richness of detail by successive generations of devoted teachers …" (3)

"Divine Law" May Be Man-Made by Gentiles

The new student of the Talmud may find the usage of the term "Divine Law" confusing. Rabbinical scholars may use that term to denote law made by Gentiles.

Samuel of Nehardea … was an epoch-maker in Judaism. He laid down the principle, based on an utterance of Jeremiah the Prophet, that has enabled Jews to live and serve in non-Jewish countries. Dina d'malchutha dina, he ruled; i.e., 'In all civil matters, the law of the land is to us Divine Law.'

— Rabbi Dr. Hertz  (8)

"Divine Law" May Be Man-Made by Jews

In this passage, Rabbi Dr. Isidore Epstein, editor of the Soncino Talmud, states the Talmudic legal system is tantamount to the very law of God. The sequence is clear: Once the laws are tested and pass the test, they become the law of God:

Thus the object of the legal system was not to preserve a particular dynasty or a certain form of government, but to establish social righteousness, and to maintain thereby a constant, close, inseparable connection between ethics and law, both flowing from the same Divine source … All laws, regulations and enactments had authority only in so far as they were able to stand the ethical test of the Torah.
 
Once they passed this test, they were no longer regarded as man-made, but became identified with the very law of God.

— Rabbi Dr. Epstein.  (20)

Thank you for your consideration of the above,
Carol A. Valentine,  Ear@Come-and-Hear.com
July 14, 2003 ( This article is on line at http://www.come-and-hear.com/editor/critwords_1.html )
 

NEXT:   The Roadmap 4: More Critical Words of Talmud Study

Endnotes:

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Footnotes
Full specifics for each of the printed sources are provided in the Bibliography. Outside URLs were valid at the time this article was written. However, be mindful that URLs do change.

1. The Essential Talmud, pages 6, 7
2. Infoplease.com, s.v. "Midrash" http://www.infoplease.com/ce6/society/A0833103.html cached at http://www.come-and-hear.com/editor/midrash-infoplease
3. Babylonian Talmud, "Foreword by the Very Rev. the Chief Rabbi", Seder Nezikin, Vol. I, page xiv, available at http://www.come-and-hear.com/talmud/nezikin_h.html#xiv
4. History of the Talmud, Vol. I, page 6 available at http://www.come-and-hear.com/talmud/rodkinson_1.html#p6
5. The Essential Nature of the Talmud, http://www.steinsaltz.com/torahtalmud.htm cached at http://www.come-and-hear.com/editor/steinsaltz-torah-talmud
6. "Rabbi Adin Even Israel Steinsaltz," Steinsaltz, the Website, http://www.steinsaltz.com/ravsacks.htm cached at: http://www.come-and-hear.com/editor/steinsaltz-honors
7. "Foreword," Everyman's Talmud, page ix
8. Babylonian Talmud, "Foreword by the Very Rev. the Chief Rabbi", Seder Nezikin, Vol. I, page xxii available at http://www.come-and-hear.com/talmud/nezikin_h.html#xxii
9. Babylonian Talmud, "Introduction," Tractate Niddah, page xxvii available at http://www.come-and-hear.com/niddah/niddah_0.html#xxvii
10. "Ask the Rabbi," Union of American Hebrew Congregations: http://uahc.org/ask/orthodo.shtml cached at http://www.come-and-hear.com/editor/uahc-ortho-vs-reform
11. See the teachings of Kabbalah described at "Ein-sof: The Kabbalistic Conception of God," The New Kabbalah, http://www.newkabbalah.com/einsof.html cached at http://www.come-and-hear.com/editor/cp-ein-sof The author, Dr. Sanford Drob, has a distinguished career that includes "work with violent offenders on Bellevue's Psychiatric Prison Ward and throughout the criminal justice system. He specializes in assessing the state of mind of offenders at the time of their criminal acts, and has testified in numerous homicide and other criminal trials." See http://www.newkabbalah.com/sanford.html cached at http://www.come-and-hear.com/editor/drob-bio
12. The following translations of Exodus 34:27 were consulted; Exodus 34:27 is cited in Gittin 60b
    New International Version: Then the LORD said to Moses, "Write down these words, for in accordance with these words I have made a covenant with you and with Israel."
    New American Standard Bible: Then the LORD said to Moses, "Write down these words, for in accordance with these words I have made a covenant with you and with Israel."
    Amplified Bible: And the Lord said to Moses, Write these words, for after the purpose and character of these words I have made a covenant with you and with Israel.
    New Living Translation: And the LORD said to Moses, "Write down all these instructions, for they represent the terms of my covenant with you and with Israel."
    English Standard Version: And the LORD said to Moses, "Write these words, for in accordance with these words I have made a covenant with you and with Israel."
    Contemporary English Version: The LORD told Moses to put these laws in writing, as part of his agreement with Israel.
    New King James Version: Then the LORD said to Moses, "Write these words, for according to the tenor of these words I have made a covenant with you and with Israel."
    21st Century King James Version: And the LORD said unto Moses, "Write thou these words, for according to the tenor of these words I have made a covenant with thee and with Israel."
    American Standard Version: And Jehovah said unto Moses, Write thou these words: for after the tenor of these words I have made a covenant with thee and with Israel.
    Young's Literal Translation: And Jehovah saith unto Moses, `Write for thyself these words, for, according to the tenor of these words I have made with thee a covenant, and with Israel.'
    Darby Translation: And Jehovah said to Moses, Write thee these words; for after the tenor of these words have I made a covenant with thee and with Israel.
    Revised Standard Version: And the LORD said to Moses, "Write these words; in accordance with these words I have made a covenant with you and with Israel."
13. Babylonian Talmud, "Introduction to Seder Nashim by the Editor", Seder Nashim, Vol. I, page xxvii, available at http://www.come-and-hear.com/talmud/nashim.html#xxvii
14. American Heritage Dictionary of the English Language, 1976, s.v. "exegesis"
15. Further information on Rabbi Amy Scheinerman: Rabbinate web page (http://scheinerman.net/judaism) and Johns Hopkins University news release cached at http://www.come-and-hear.com/editor/jh-wijudaism
16. The History of the Talmud, Vol. I, Appendix B, page 156, available at http://www.come-and-hear.com/talmud/rodkinson_b.html#p156
17. The Essential Talmud, page 64
18. The History of the Talmud, Vol. II, page 38 available at http://www.come-and-hear.com/talmud/rodkin_ii2.html#p38
19. Babylonian Talmud, "Epilogue by the Very Rev. the Chief Rabbi," Seder Kodashim, Vol. I, page xiv available at http://www.come-and-hear.com/talmud/kodashim_b.html#xiv
20. Babylonian Talmud, "Introduction to Seder Nezikin by the Editor," Seder Nezikin, Vol. I, page xxxiii available at http://www.come-and-hear.com/talmud/nezikin.html#xxxiii
21. Ibid, Vol. I, page xxxii available at http://www.come-and-hear.com/talmud/nezikin.html#xxxii
22. Babylonian Talmud, "Foreword by the Very Rev. the Chief Rabbi," Seder Nezikin, Vol. I, page xviii available at http://www.come-and-hear.com/talmud/nezikin_h.html#xviii
23. Further information on Rabbi Steinsaltz: http://www.judaica.ru/english/content.html cached at http://www.come-and-hear.com/editor/steinsaltz-bio/index.html
24. Babylonian Talmud; Soncino Talmud translator Rev. Dr. Israel W. Slotki quotes G. F. Moore, Judaism, in Tractate Kethuboth 111a, page 716, footnote 2:
    "The 'sufferings' or 'travail' are more fully described in Sanh. 97b, Sonc. ed. p. 654. These are the 'throes of mother Zion which is in labor to bring forth the Messiah — without metaphor, the Jewish people'." Available here as http://www.come-and-hear.com/kethuboth/kethuboth_111.html#111a_52, note 52
25. Further information on Rabbi Dr. Neusner: http://inside.bard.edu/religion/faculty.shtml cached at http://www.come-and-hear.com/editor/neusner-bio/index.html#neusner
26. Further information on Elizabeth K. Dilling can be found in her own words in "Who is Elizabeth Dilling" (available at http://www.come-and-hear.com/dilling/whois.html), the foreword to her book, Attack on Christianity. The Jewish Religion: Its Influence Today is a later edition of the same book, available at http://www.come-and-hear.com/dilling/dcontents.html
27. Further information on the poet Johann Heinrich Heine can be found Pegasos, http://www.kirjasto.sci.fi/hheine.htm
28. Image: cinema poster: Charlton Heston cast as Moses in The Ten Commandments, 1956
29. For an attestation to the usefulness of the Soncino Talmud General Index, see Babylonian Talmud, Foreword by the Very Reverend the Chief Rabbi, General Index, page xi
30. Universal Jewish Encyclopedia, s.v. "Bible Exegesis," Vol. 2, page 302
31. The Pharisees: The Sociological Background of Their Faith, page xxi available at http://www.come-and-hear.com/talmud/finkelstein.html#xxi
32. R. Travers Herford, writing for The Universal Jewish Encyclopedia, s.v. "Pharisees," Volume 8, page 474, available at http://www.come-and-hear.com/uje/uje_474.html

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Printer Friendly Version More Critical Words of Talmud Study

In Critical Words of Talmud Study, we looked at some logical and linguistic features of the Talmud. We studied the definitions and usage of words such as Pharisee, Exegesis, Pentateuch, Midrash, Torah, Idolater, Divine Law, and Halachah (Halakha).

Now, we continue.

Oral Law

Six sources of Oral Law are mentioned in rabbinical writing:

1. Laws given by God to Moses, for transmission by word-of-mouth
2. Justified traditions
3. Laws derived from the Old Testament (exegesis)
4. Laws derived by methods transmitted by God when he gave Moses Oral Law (exegesis)
5. Any religious doctrines taught orally
6. Rabbinic discretion

Laws Given By God To Moses, For Transmission by Word of Mouth

GEMARA … God made a covenant with Israel only for the sake of that which was transmitted orally. For by the mouth of these words I have made a covenant with thee and with Israel.

— Babylonian Talmud, Gittin 60b
Soncino 1961 Edition, pages 26-27

In the Soncino Edition, italicized text is used to indicate quotes from Biblical scripture. In a footnote that follows the scriptural quote Maurice Simon, translator, cites Exodus 34:27. The King James Version of this verse reads:

27. And the LORD said unto Moses, Write thou these words: for after the tenor of these words I have made a covenant with thee and with Israel.

— Exodus 34:27 (KJV)

This writer consulted other popular translations of the Bible. All translations of Exodus 34:27 were similar to the King James Version. See footnote 12 for the results of this research. No Christian Bible translations matched the words quoted in the Soncino Talmud. As explained by the Soncino editor, Rabbi Dr. Isidore Epstein, in his introductions to the six Seders:

No particular English version of the Bible is followed, as the Talmud has its own method of exegesis and its own way of understanding Biblical verses which it cites.

— Rabbi Dr. Epstein (13)

Now let's turn to another Talmud tractate, the Aboth. In the Introduction, translator J. Israelstam writes about Tractate Aboth:

[Aboth] establishes the divine … origin of the Torah, Oral as well as Written, and the continuity of its transmission by human agents, to wit the succession of elders, prophets, etc., in Israel.

J. Israelstam(41)

Here is the opening Mishnah of Tractate Aboth:

MISHNAH 1. MOSES RECEIVED THE TORAH AT SINAI AND TRANSMITTED IT TO JOSHUA, (3) JOSHUA TO THE ELDERS, AND THE ELDERS TO THE PROPHETS, AND THE PROPHETS TO THE MEN OF THE GREAT SYNAGOGUE.

— Babylonian Talmud, Tractate Aboth, Chapter I, Mishnah 1
Soncino 1961 Edition, page 1

The translator, J. Israelstam, amplifies the text in a footnote:

3. I ARN, Ch. I, 'Joshua received from Moses'. The transmission and reception were done orally. All evidence goes to show that there was a continuous succession of 'schools' headed by the Elders, prophets and scribes of their respective generations, which maintained and developed the theoretical study and practical application of the Torah. The strength of the schools and their influence varied from time to time, but there is no reason for supposing that there was at any time an actual break in the continuity. For a full examination of the terms [H] (transmitted) and [H] (received) v. Bacher, Tradition und tradenten, p 1.

— J. Israelstam

The Jewish Encyclopedia explains the origin of Oral Law as follows:

[The term Oral Law is] used to denote the laws and statutes which, in addition to the Pentateuch, God gave to Moses. According to rabbinical interpretation of Ex. XXXIV, 27, the words [Hebrew omitted] indicate that besides the written law God gave orally to Moses other laws and maxims, as well as verbal explanations of the written law, enjoining him not to record these teachings, but to deliver them to the people by word of mouth (Git. 60b; Yer. Meg. iv. 74a; comp. also IV Ezra [II Esdras] xiv.)

— The Jewish Encyclopedia  (19)

Fortunately, the details of Moses' trip to Mt. Sinai have been preserved in the Talmud. The story runs thus:

Moses' arrival in Heaven alarms the angels, who challenge LORD God's judgment: Why are you giving this precious Torah to a mortal, they demand. LORD God doesn't answer the angels, but directs Moses to answer for him. Moses tells LORD God he's afraid the angels will burn him with their hot breath. LORD God encourages Moses to be bold: "Hold on to the Throne of Glory and return them an answer," LORD God instructs him.

Moses then gives the angels a piece of his mind, asking them: Did they go down to Egypt to be enslaved by the Pharaoh? Do they dwell among people who engage in idol worship? Do they have a wearying workweek from which they need a day of rest? Do they have business dealings that tempt them to take the Lord's name in vain? — And so on through the Commandments (though Moses has not yet been given the Commandments and could not know what they are). The passage begins as follows:

When Moses ascended on high, the ministering angels spake before the Holy One, blessed be He, 'Sovereign of the Universe! What business has one born of woman amongst us?' 'He has come to receive the Torah,' answered He to them. Said they to Him, 'That secret treasure, which has been hidden by Thee for nine hundred and seventy-four generations before the world was created. Thou desirest to give to flesh and blood! What is man, that thou art mindful of him, And the son of man, that thou visitest him? O Lord our God, How excellent is thy name in all the earth! Who hast set thy glory [the Torah] upon the Heavens!' 'Return them an answer,' bade the Holy One, blessed be He, to Moses. 'Sovereign of the Universe' replied he, 'I fear lest they consume me with the [fiery] breath of their mouths.' 'Hold on to the Throne of Glory,' said He to him, 'and return them an answer,' …

— Tractate Shabbath 88b
Soncino 1961 Edition, pages 421-422

This colorful account is lengthy but well worth reading. We have included it for the reader's edification in the Appendix.

Oral Torah Precedes Written Torah

The following explanation is offered by Aish HaTorah, an organization dedicated to educating Jews about Judaism. According to the Aish HaTorah page Who is Aish HaTorah? "Aish HaTorah operates 26 full-time branches and offers programs in 80 cities, representing 17 countries on 5 continents." (49)

It's important to clarify a common misconception many have about the role of the Oral Torah in Judaism.
 
The Oral Torah is not an interpretation of the Written Torah. In fact, the Oral Torah preceded the Written Torah. When the Jewish people stood at Mount Sinai 3,300 years ago, God communicated the 613 commandments, along with a detailed, practical explanation of how to fulfill them. At that point in time, the teachings were entirely oral.
 
It wasn't until 40 years later, just prior to Moses' death and the Jewish people's entering the Land of Israel, that Moses wrote the scroll of the written Torah (known as the Five Books of Moses) and gave it to the Jewish people.

— Aish HaTorah (48) (emphasis added)

The 613 commandments cited above are listed on the Aish HaTorah page, "613 Commandments." (50)

Oral Law Deduced from Written Torah

Certain phrases have been emphasized in the following text. The emphases do not appear in the original.

In a wider sense, however, [Oral Law] includes all the interpretations and conclusions which the scribes deduced from the written Torah, as well as the regulations instituted by them (comp. Yoma 28a, b and Rashi ad loc.), and therefore comprises the entire traditional teaching contained in the Mishnah, the Tosefta, and the halakic midrashim, since these were taught only orally and were not committed to writing. In later haggadic statements, however, the complete body of rabbinical doctrine is said to have been revealed to Moses on Sinai; so that R. Joshua b. Levi declared (comp. Yoma 28a, b and Rashi ad loc.), that all the rabbinical teachings, even those which the scholars found and promulgated later, were given to Moses on the Mountain (comp. also Ber. 5a).
 
These passages, on the other hand, are by no means intended to be taken literally, or to be supposed to imply that God imparted to Moses the entire rabbinical teachings as they were developed in the course of time; since the forty days which Moses spent on Sinai would not have been sufficient, and the Midrash itself says (Ex. R. xli.) that the full extent of the rabbinical teachings was revealed to Moses in outline by giving him the rules according to which they might be developed. In conformity with this statement, the substance of these teachings either was deduced from the written law by means of exegetical interpretations and logical conclusions — being therefore contained by implication in the written law and so given to Moses — or it consisted of statutes which the Rabbis promulgated according to their own judgment, as they were justified in doing according to the traditional interpretation of Deut. xvii. 10-11 … since Moses had thus provided for such contingencies.

— The Jewish Encyclopedia, (17) emphasis added.

The Talmud passage (Berakoth 5a) cited above reads as follows:

GEMARA. … R. Levi b. Hama says further in the name of R. Simeon b. Lakish: What is the meaning of the verse: And I will give thee the tables of stone, and the law and the commandment, which I have written that thou mayest teach them? (6) 'Tables of stone': these are the ten commandments; 'the law': this is the Pentateuch; 'the commandment': this is the Mishnah; 'which I have written': these are the Prophets and the Hagiographa; 'that thou mayest teach them': this is the Gemara. It teaches [us] that all these things were given to Moses on Sinai.

— Babylonian Talmud, Berakoth 5a
Soncino 1961 Edition, page 16

Berakoth page 16 footnote 6 in the Soncino text cites Exodus 24:12. However, that text reads as follows:

12. And the LORD said unto Moses, Come up to me into the mount, and be there: and I will give thee tables of stone, and a law, and commandments which I have written; that thou mayest teach them.

Exodus 24:12, KJV

Once again, we are reminded of the words of Rabbi Dr. Epstein, editor of the Soncino Talmud: "… the Talmud has its own method of exegesis and its own way of understanding Biblical verses which it cites." (13)

Oral Law As a Collection Of Justified Traditions

Rabbi Michael Rodkinson tells us Oral Law is a collection of traditional law to which Biblical verses were coupled by ingenious association. Writing of Rabbi Akiba (Aqiba or Akiva), who lived between 50 and 135 A.D., (15) Rabbi Rodkinson states:

Through his keen intellect, his vast learning and his energetic activity he wielded a great influence in developing and diffusing the traditional law. He arranged the accumulated material of that law in a proper system and methodical order, and enriched its substance with many valuable deductions of his own … Besides, he introduced a new method of interpreting the Scriptures, which enabled him to find a biblical basis for almost every provision of the oral law. This ingenious method was admired by his contemporaries, and notwithstanding the opposition of some of his colleagues, generally adopted in addition to the hermeneutic rules of R. Ishmael.

— Rabbi Michael Rodkinson, (16) (emphasis added)

See also Exegesis After the Fact for Akiba's ex post facto justification of Oral Law.

Mishnah

The term "Mishnah" is used to denote the Oral Law found in the Talmud. The Universal Jewish Encyclopedia says of Mishnah:

The Mishnah contains the essence of the Oral Law as it had been handed down from the time of the Bible.

— The Universal Jewish Encyclopedia. (25)

The Jewish Encyclopedia gives this account of the origin of Mishnah:

Moses, following the custom of the angels, ate nothing during his forty days' sojourn in heaven (B.M. 37b) … He distinguished day from night by the fact that God instructed him by day in the Scripture, and by night in the Mishnah.

— The Jewish Encyclopedia (18)

Because of their critical importance, Mishnayoth (plural form of Mishnah) are clearly distinguished from other text in the Talmud. In the Soncino Talmud, the Mishnayoth appears in capitalized letters.

A Momentous Time In History

To appreciate the relationship between the terms we have been studying, it is necessary to step back into history. The Bible Timeline places Moses' receipt of the Ten Commandments at 1275 B.C. (20) Let us leap forward from Moses' day about 670 years. Between the years 605 - 586 BC, Babylon attacked the Kingdom of Judea; Jerusalem and the temple built by King Solomon (the "First Temple") were destroyed. (21) The rituals associated with the First Temple were brought to an end. Many Jews were deported to Babylon.

The Babylonian Captivity is said to have lasted 70 years. In 538 BC, King Cyrus permitted the Jews to return to Jerusalem. The Second Temple was built. Many Jews returned, but many stayed in Babylon. For at least the next 2,000 years, Babylon remained a center for Judaic lore and Judaic learning (hence the term, "Babylonian Talmud.").

After the end of the Babylonian Captivity and during the period of the Second Temple, the Jews lived under a theocracy ruled by priests rather than kings. At the time of the birth of Jesus of Nazareth, the courts of the Sanhedrin governed the Jews, under Roman auspices. In about 70 A.D. Rome destroyed Jerusalem and the Second Temple. By that time rabbinical schools existed in many parts of the known world.

It is against this backdrop of history that the Talmud developed. (14)

Influence Of Babylonian Captivity on Judaism

The beginnings of Talmudic literature date back to the time of the Babylonian Exile in the sixth pre-Christian century, before the Roman Republic had yet come into existence. When, a thousand years later, the Babylonian Talmud assumed final codified form in the year 500 after the Christian era, the Western Roman Empire had ceased to be …
 
The Babylonian Exile is a momentous period in the history of humanity — and especially so in that of Israel. During that Exile, Israel found itself. It not only rediscovered the Torah and made it the rule of life, but under its influence new religious institutions … came into existence …

— Rabbi Dr. Hertz (23)

At this point in history, there appeared amongst the Jews, Ezra the Scribe, a man so important in Judaism that rabbis compare him to Moses.

Ezra Brought Back Oral Law ("Torah")

At the re-establishment of the Jewish Commonwealth, Ezra, the Sofer, or Scribe, in the year 444 B.C.E. formally proclaimed the Torah the civil and religious law of the new Commonwealth. He brought with him all the oral traditions that were taught in the Exile …

— Rabbi Dr. Hertz  (23)

Experts disagree on the date Ezra left Babylon. The Bible Timeline shows this entry:

458. Ezra, a priest and expert in the Jewish Law in Babylonia, leads a company to Jerusalem. He brings a copy of the Jewish Torah as it had been codified. (The date is disputed. Some would set this event in 428 or 398.) Ezra 7:1-26.

Thomas Robinson  (21)

Which "Torah" Did Ezra Bring?

Given that The Bible Timeline is a Christian reference with almost half the content devoted to New Testament events, use of the term "Jewish Torah" in the quote (above) sparks a question: If the author is referring to the Old Testament or the Pentateuch, why does he use the term "Jewish Torah?" The term, "Jewish Torah," does not appear anywhere else in The Bible Timeline.

    
Ezra reads the law to the people of Jerusalem. (10)     

Since The Bible Timeline does not specify which "Torah" Ezra brought with him, and since that Torah had been "codified," we are left with the clear impression that Ezra's "Torah" may have been Oral Law.

However, The Jewish Encyclopedia states that Ezra reestablished the text of the Pentateuch, introduced Assyrian script, and questioned some words in the text. The Jewish Encyclopedia infers that Ezra and Elijah together edited the text of the Old Testament.

Ezra was the disciple of Baruch ben Neriah (Cant. R.); his studies prevented him from joining the first party returning to Jerusalem in the reign of Cyrus, the study of the Law being of greater importance than the reconstruction of the Temple. According to another opinion, Ezra remained behind so as not to compete, even involuntarily, with Jeshua ben Jozadak for the office of chief priest. Ezra reestablished the text of the Pentateuch, introducing therein the Assyrian or square characters, apparently as a polemical measure against the Samaritans (Sanh. 21b). He showed his doubts concerning the correctness of some words of the text by placing points over them. Should Elijah, said he, approve the text, the points will be disregarded; should he disapprove, the doubtful words will be removed from the text (Ab. R. N. xxxiv.). Ezra wrote the Book of Chronicles and the book bearing his name (B. B. 16a).

— The Jewish Encyclopedia  (26)

The "Torah" had been forgotten during the Babylonian Captivity, according to this passage from the Tractate Sukkah of the Talmud:

GEMARA. … For in ancient times when the Torah was forgotten from Israel, Ezra came up from Babylon and established it. [Some of] it was again forgotten and Hillel the Babylonian came up and established it. Yet again was [some of] it forgotten, and R. Hiyya and his sons came up and established it.

— Babylonian Talmud, Sukkah 20a
Soncino 1961 Edition, page 87

Is it possible that the "Torah" that was lost from Israel and brought back by Ezra was really the Old Testament? This passage from the 1908 Catholic Encyclopedia states that according to Jewish traditions, Ezra reconstructed the Old Testament from memory. (In the following, "Esdra" is another transliteration of "Ezra.")

As is the case with many men who played an important part at momentous epochs in history, in the course of time Esdras's personality and activity assumed, in the minds of the people, gigantic proportions; legend blended with history and supplied the scantiness of information concerning his life; he was looked upon as a second Moses to whom were attributed all institutions which could not possibly be ascribed to the former. According to Jewish traditions, he restored from memory — an achievement little short of miraculous — all the books of the Old Testament, which were believed to have perished during the Exile; he likewise replaced, in the copying of Holy Writ, the old Phoenician writing by the alphabet still in use. Until the Middle Ages, and even the Renaissance, the crop of legendary achievements attributed to him grew up; it was then that Esdras was hailed as the organizer of the famous Great Synagogue — the very existence of which seems to be a myth — and the inventor of the Hebrew vocal signs.

— Catholic Encyclopedia  (27)

Other passages in the Talmud state that Ezra put the "Torah" into Ashshurith script and the Aramaic language.

GEMARA. … Originally the Torah was given to Israel in Hebrew characters and in the sacred [Hebrew] language; later, in the times of Ezra, the Torah was given in Ashshurith script and Aramaic language. [Finally], they selected for Israel the Ashshurith script and Hebrew language, leaving the Hebrew characters and Aramaic language for the hedyototh. Who are meant by the 'hedyototh'? — R. Hisda answers: The Cutheans [heathens]. And what is meant by Hebrew characters? — R. Hisda said: The libuna'ah script.

— Babylonian Talmud, Sanhedrin 21b
Soncino 1961 Edition, page 119

Ezra And Moses Equally Regarded

In the view of Talmud Sages, Ezra's role in Judaic history was as important as the role of Moses.

GEMARA. … It has been taught: R. Jose said: Had Moses not preceded him, Ezra would have been worthy of receiving the Torah for Israel. Of Moses it is written, And Moses went up unto God, and of Ezra it is written, He, Ezra, went up from Babylon. As the going up of the former refers to the [receiving of the] Law, so does the going up of the latter. Concerning Moses, it is stated: And the Lord commanded me at that time to teach you statutes and judgments; and concerning Ezra, it is stated: For Ezra had prepared his heart to expound the law of the Lord [his God] to do it and to teach Israel statutes and judgments. And even though the Torah was not given through him, its writing was changed through him, as it is written.

— Babylonian Talmud, Sanhedrin 21b
Soncino 1961 Edition, page 119

The Sanhedrin continues in this vein:

GEMARA. … And the writing of the letter was written in the Aramaic character and interpreted into the Aramaic [tongue]. And again it is written, And they could not read the writing nor make known to the king the interpretation thereof. Further, it is written: And he shall write the copy [mishneh] of this law, — in writing which was destined to be changed. Why is it called Ashshurith? — Because it came with them from Assyria.

— Babylonian Talmud, Sanhedrin 22a
Soncino 1961 Edition, pages 119-120

In the following passages, the Sages go on to argue about the issue. Please visit and read the text.

Whatever the truth of the various claims, it seems that at one point the entire Old Testament may have been in Ezra's hands.

Ezra Creates "Frontier Of Fire"

Ezra sought to preserve the distinctive nature of the Jewish experience. He lamented the affinity many Jews felt towards non-Jews and set about to correct the situation. He urged radical religious reform, and ordered Jews married to non-Jews to put aside their wives and families.

Rev. Dr. Abraham Cohen, the renowned Talmud scholar chosen to translate the Tractates Sotah and Abodah Zarah for Soncino Press, suggests that the purpose of Ezra's religious reforms was, at least in part, political: Ezra's reforms would result in practices that would forever distinguish Jews from the rest of humanity and mold them into a political/cultural entity that would not be dissolved. Unless this viewpoint is thoroughly grasped, Rev. Dr. Cohen says, it is not possible to understand rabbinical exegesis.

The policy of Ezra has been elsewhere described by the present writer in these terms: 'Zangwill once said, "History, which is largely a record of the melting of minorities in majorities, records no instance of the survival of a group not segregated in space or not protected by a burning faith as by a frontier of fire." This lesson of history had evidently been discerned by Ezra. He understood that the Jews could not be utterly segregated in space. Not only were there branches of the national tree in Egypt, Babylon, and Persia to be taken into consideration, but contact between the Jews and Judea and their neighbors could not be avoided. If, then, the Jewish nation was to be preserved, it must be ringed round "by a burning faith as by a frontier of fire" — a most apposite metaphor, since the Bible itself speaks of "a fiery law."

— Rev. Dr. Cohen (28)

The Jew Must Be Different

This quote follows immediately on the quote, above.

The Jew must have a religion which would not only continually distinguish him from the heathen, but would likewise be a constant reminder to him that he was a member of the Jewish race and faith. The Jew was to be demarcated from his neighbors not merely be a creed, but by a mode of living. His manner of worship would be different; his home would be different; even in the common acts of daily life there would be distinguishing features which would constantly recall his Jewishness. His life, in every detail, was to be controlled by Torah — by the written enactments of the Mosaic code and their development in the corporate life of the people, as the altered conditions demanded change.

— Rev. Dr. Cohen (28)

An Inexhaustible Exegetic Mine

This quote follows immediately on the quote, above.

Unless this viewpoint is thoroughly grasped, there can be no possibility of understanding the mentality of the Rabbis, the trend of their activities and their method of Bible-exegesis. It is the seed out of which the Talmud grew. We have it mentioned very distinctly in the account of Ezra's work: 'He had set his heart to seek the Torah of the Lord, and to do it, and to teach in Israel statutes and judgments' (Ezra vii. 10). The Hebrew verb used in this sentence for 'to seek' darash, is of the utmost importance for our theme. Its true sense is 'to deduce, interpret' the ideas which profound study of the text could elucidate. This process of deduction is called Midrash and is the system of interpretation employed throughout the Rabbinic literature. By its aid a Scriptural passage yielded far more than could be discerned on the surface. The sacred words became an inexhaustible mine which, when quarried, produced rich treasures of religious and ethical teaching.

— Rev. Dr. Cohen (28)

Rev. Dr. Cohen seems to be suggesting, then, that Oral Law was deliberately developed for the specific political purpose of making Jewish religion idiosyncratic to the degree that the Jewish identity and body politic would be forever preserved.

Pharisaic Innovation Was Feverish

Let us now return to Rabbi Dr. Hertz. He points out that not all Jews accepted Oral Law. The Sadducees rejected Oral Law as dangerous and innovative; they wanted Israel to rely upon the Pentateuch (Written Law) only.

The opposition of the Sadducees only gave an additional impetus to the spread of the Oral Law by the Scribes, later known as the Pharisees. What they sought was the full and inexhaustible revelation which God had made. The knowledge of the contents of that revelation, they held, was to be found in the first Instance in the Written Text of the Pentateuch; but the revelation, the real Torah, was the meaning of that Written Text, the Divine thought therein disclosed, as unfolded in ever greater richness of detail by successive generations of devoted teachers …

— Rabbi Dr. Hertz  (31)

— Innovation Organized By Hillel

There is disagreement among rabbinical scholars about the parts played by the various Sages in organizing the Talmud. Let us first visit with Rabbi Dr. Hertz.

The product of the feverish activity of the Pharisaic schools threatened to become too unwieldy to be retained by unassisted memory. For all this teaching was oral, and was not to be written down. The first effort at arrangement of the traditional material into a system, was made in the first pre-Christian century by Hillel …
 
He popularized seven exegetical rules for the interpretation of the Torah — e.g., the rules of inference, and analogy — by which the immanent meaning of Scripture might better be brought out; and he divided the mass of traditions that in his day constituted the Oral Law into the six main Orders, which division was accepted by all his successors

—Rabbi Dr. Hertz, (33)

Notice that Rabbi Dr. Hertz attributes Hillel with popularizing the rules for exegesis.

— Innovation Organized By Akiba

Rabbi Adin Steinsaltz takes another road:

The systematic organization of halakhah as a whole into clearly defined units was apparently carried out by Rabbi Akiva.

— Rabbi Steinsaltz (29)

— Exegesis After The Fact

We have already seen Rabbi Rodkinson's comments on Rabbi Akiba's ex post facto justification of Oral Law. Rabbi Dr. Hertz agrees. After Hillel divided the legal traditions into orders, Akiba researched Scripture and assigned a Biblical foundation to them.

In the following generation, Akiba was the author of a collection of traditional laws out of which the Mishnah actually grew. He was the greatest among the rabbis of his own and of succeeding times, the man of whom — as the legend says — even Moses was for a moment jealous when in a vision he was given a glimpse of the distant future. His keen and penetrating intellect enabled him to find a Biblical basis for every provision of Oral Law.

— Rabbi Dr. Hertz  (34) (emphasis added)

Not everyone was as enthusiastic as Rabbis Rodkinson and Hertz concerning Rabbi Akiba's success. The Talmud text itself highlights some of the problems with Akiba's results. In a discussion of hypothetical cases concerning the complex regulations for reassigning a childless bride to one of the groom's brothers upon the death of the groom, the commentary ends with the statement:

GEMERA … The prohibition is really Rabbinical, and the Scriptural text is a mere prop.

— Babylonian Talmud, Yebamoth 24a
Soncino 1961 Edition, page 143

The translator, Rev. Dr. Israel W. Slotki, M.A., Litt. D., refers us to the term Asmakta in the Soncino Talmud Glossary:

ASMAKTA 'Reliance'; (a) Biblical text adduced to give some slight support or provide a mnemonic for a law enacted by the Rabbis; …

— Soncino Talmud Glossary
Soncino 1961 Edition, page 723

Further comment on Akiba's skill is offered in the Mishnah of Tractate Hagigah 10a. The Sages say of the exegesis: "The laws concerning the dissolution of vows hover in the air and have nought to rest on. The laws concerning the Sabbath, festal-offerings, acts of trespass are as mountains hanging by a hair, for they have scant Scriptural basis …"

MISHNAH. [THE LAWS CONCERNING] THE DISSOLUTION OF VOWS HOVER IN THE AIR AND HAVE NOUGHT TO REST ON. (5) THE LAWS CONCERNING THE SABBATH, FESTAL-OFFERINGS, ACTS OF TRESPASS ARE AS MOUNTAINS HANGING BY A HAIR, FOR THEY HAVE SCANT SCRIPTURAL BASIS BUT MANY LAWS. [THE LAWS CONCERNING] CIVIL CASES AND [TEMPLE] SERVICES, LEVITICAL CLEANNESS AND UNCLEANNESS, AND THE FORBIDDEN RELATIONS HAVE WHAT TO REST ON, (9) AND IT IS THEY THAT ARE THE ESSENTIALS OF THE TORAH.

— Babylonian Talmud, Tractate Hagigah 10a
Soncino 1961 Edition, page 50

The translator, Rabbi Prof. I. Abrahams, amplifies the text with these footnotes (detailed supporting cites omitted for brevity and clarity):

5. I.e., in Biblical teaching, and depend only on oral tradition; but cf. Num. XXX, 8-9.
9. [MS.M. 'have on whom to rest', i.e., have good authority. …].

— Rabbi Prof. I. Abrahams

Questions for Rabbi Akiba

• Why did God give some of His laws in writing, but give others orally, forbidding Moses to write them down?
• If God gave the Oral Law to Moses, why would Rabbi Akiba have to find "justifications" for it, more than a thousand years later?

    

— The Mishnahs Are Composites

In 135 A.D. (some say 132 A.D.), Rabbi Judah (Judah the Prince) was born. Rabbi Dr. Hertz says of Judah the Prince:

… he made it his aim to ensure unity of religious observance by the establishment of one Code of undisputed authority. He, therefore, surveyed anew the whole aggregation of ordinances that had accumulated with the centuries, sifting and arranging, abridging and amplifying; and often incorporating the opinions of earlier teachers in exactly the form in which he had received them. Thus the Mishnah is not cast in a single mould. It is a composite work.

— Rabbi Dr. Hertz (35)

R. Judah tried, insofar as possible, to create formulas reflecting the general consensus on most issues. Where he believed that he was expressing the main intention of the halakhah he did not denote the source, marking it as stam mishnah (plain mishnah) without naming the author or formulator.

— Steinsaltz  (7)

According to the sources, R. Judah not only edited the Mishnah but also utilized it in practice in the course of his studies with his contemporaries. He sometimes changed his opinion on certain issues and consequently introduced amendments into the mishayot. At times he was unable to introduce certain of his new formulations or theories into the work since a previous ruling had already been accepted …

— Steinsaltz  (7)

Others Organized the Gemara

In the following, the word Talmud is used to denote the Gemara alone, rather than the composite work containing the Mishnah and the Gemara. Rabbi Dr. Hertz mentions two rabbis who organized the Talmud (Gemara):

… Ashi, who died in 427 … combined a vast memory with extraordinary mental orderliness, that enabled him to systematize the bewildering mass of Talmudic material and prepare it for codification. Such codification was finally effected by Rabina, who died in the year 499.

— Rabbi Dr. Hertz  (36)

A parenthetical remark is in order: Given the numbers of codification attempts, rabbinical experts disagree about the current organizational status of the Talmud. Rabbi Dr. Jacob Neusner is at one end of the spectrum. In this excerpt, he characterizes his opponents' opinion of the Talmud and contrasts it with his own:

In fact, when we outline the Talmud beginning to end, as I have done in my four-volume work, The Talmud of Babylonia: A Complete Outline, the results do not indicate a haphazard, episodic, sedimentary process of agglutination and conglomeration. They point, quite on the contrary, to a well-considered and orderly composition, planned from beginning to end and following an outline that is definitive throughout.

— Rabbi Dr. Neusner (37)

According to his biographical sketch, Rabbi Dr. Jacob Neusner has published more than 850 books and has been awarded nine honorary degrees. (38)

For further discussion of the organization of the Talmud, see Is Talmud Law in Order or Disorder?. (5)

When Was the Talmud Put in Writing?

Concerning the exact time at which the Mishnah was committed to writing, diversity of opinion has prevailed among eminent Jewish authorities during the last nine centuries. Sherira Gaon, Rashi, Luzzatto, Rapoport and Graetz hold that Rabbi arranged the Mishnah in his own mind without the help of pen or parchment; delivered it in his Academy, the same in form and contents as it stands to-day; and thus transmitted it by word of mouth to his disciples. These again delivered it to succeeding generations. It was thus orally preserved with verbal accuracy down to the time when the Academies sank in importance, and the teachers of the day found it necessary to fix the existing stock of traditions in writing, some time in the 8th or 9th century. Opposed to this opinion, we have other authorities no less eminent, who maintain that Rabbi himself wrote out the Mishnah in full. Among them are Yehudah Hallevi, Maimonides and Abarbanel; Weiss, Geiger and Fraenkel.

— Rabbi Dr. Hertz (30)

So then, the Mishnah of the Talmud was put into writing either during the lifetime of Judah the Prince (135-219 A.D.) or during the 700s or 800s A.D. (51)

Haggadah

In discussions of the Talmud, Halachah is often contrasted with Haggadah (or Aggadah). The Glossary of the Soncino Talmud defines haggadah ("aggadah") as:

AGGADAH (Lit., 'tale', 'lesson'); the name given to those sections of Rabbinic literature which contain homiletic expositions of the Bible, stories, legends, folk-lore, anecdotes or maxims. Opposed to halachah, q.v.

— Soncino Talmud Glossary

Rabbi Rodkinson defines Haggada thus:

Hagada or Haggada means that which is related, a tale, a saying, an individual utterance which claims no binding authority.

— Rabbi Rodkinson  (44)

However, a footnote by Talmud scholar and translator Rabbi Dr. H. Freedman tangles the subject somewhat, just when we thought we had it straightened out. Here, in a footnote to Sanhedrin 57b, he states as follows:

6. Aggadah (or Haggadah, from nagad, to declare), means the whole non-legal portion of Jewish learning. Here however, an actual law is cited from the Book of Aggadah. In the T. J. and Midrashim, many statements cited in the T. B. as being from the Book of Aggadah of the schools, are those cited under the name of Noachian precepts. Hence it is possible that the reference is to a collection of laws relating to Gentiles, and in order to distinguish it from specifically Jewish laws, it was called the Book of Aggadah (Weiss, Dor, III, p. 158).

— Rabbi Dr. Freedman

Gemara

This from Rabbi Dr. Hertz:

The comprehensive commentary on the Mishnah that forms the second and far larger portion of the Talmud is called the Gemara. The Gemara, which word came to denote "teaching," explains the terms and subject-matter of the Mishnah; seeks to elucidate difficulties and harmonise discrepant statements … Finally, it reports in full the controversies that took place in the Palestinian or Babylonian Academies concerning these subjects.

— Rabbi Dr. Hertz  (32)

This from Rabbi Rodkinson:

… the Gemara contains a vast amount of more or less valuable material which does not always have any close connection with the Mishna text, as [sic] legal reports, historical and biographical information, religious and ethical maxims and homiletical remarks.
 
The whole subject-matter embodies in the Gemara is generally classified in Halakha and Hagada.
 
To Halakha belongs that which has bearing upon the law; hence all expositions, discussions and reports which have the object of explaining, establish and determining legal principles and provisions …
 
The Hagada comprises everything not having the character of halakha; hence all historical records, all legends and parables, all doctrinal and ethical teachings and all free and unrestrained interpretations of Scripture.

— Rabbi Rodkinson  (43)

Disputes Concerning Gemara

The distinction between Halachah and Haggadah is not apparent in the text of the Gemara, except by content. Some disputes about the Talmud hinge upon the distinction between binding Judaic law (halachah) and homiletic stories (haggadah) that may be safely ignored apart from the abstract moral lessons they are intended to convey.

Gemara Contains Halachah

Here is an example of Gemara that contains halachah. The term "sons of Noah" refers to non-Jews.

GEMARA. … Our Rabbis taught: seven precepts were the sons of Noah commanded: social laws; to refrain from blasphemy, idolatry; adultery; bloodshed; robbery; and eating flesh cut from a living animal …

— Babylonian Talmud, Tractate Sanhedrin 56a
Soncino 1961 Edition, pages 381-382

GEMARA. … R. Huna, Rab Judah, and all the disciples of Rab maintained: A heathen is executed for the violation of the seven Noachian laws …

— Babylonian Talmud, Tractate Sanhedrin 57a
Soncino 1961 Edition, page 388

GEMARA. … The inclusion of heathens, to whom blasphemy is prohibited just as to Israelites; and they are executed by decapitation; for every death penalty decreed for the sons of Noah is only by decapitation.

— Babylonian Talmud, Tractate Sanhedrin 56a
Soncino 1961 Edition, page 380

For more information on the Noahide Laws, see America's New Government Church.

Gemara Contains Haggadah

The folktales, moral maxims, popular proverbs, etc., of the haggadah are found in the Gemara. They have been passed on to us through thousands of years. Rabbi Dr. Hertz quotes the poet Heine:

Beautiful old stories,
Tales of angels, fairy legends,
Stilly histories of martyrs,
Festal songs and words of wisdom;
Hyperboles, most quaint it may be,
Yet replete with strength and fire
And faith-how they gleam,
And glow and glitter!

— Heine, quoted by Rabbi Dr. Hertz  (22)

Here are some wonderfully idiosyncratic and captivating homilies uttered by the Talmud Sages. In a very intimate way, they reveal the woof and warp of the culture, the soul, and the mindset of the Princes of Pharisaic Judaism.

GEMARA. … R. Simeon b. Yohai observed: There are four [types] which the Holy One, blessed be He, hates, and as for me, I do not love them: The man who enters his house suddenly and much more so [if he so enters] his friend's house, the man who holds the membrum when he makes water, the man who when naked makes water in front of his bed, and the man who has intercourse in the presence of any living creature. 'Even', said Rab Judah to Samuel, 'in the presence of mice?'

— Babylonian Talmud, Tractate Niddah 16b, 17a
Soncino 1961 Edition, page 112

GEMARA. … R. Hisda ruled: A man is forbidden to perform his marital duty in the day-time, for it is said, But thou shalt love thy neighbour as thyself. But what is the proof? — Abaye replied: He might observe something repulsive in her and she would thereby become loathsome to him.

— Babylonian Talmud, Tractate Niddah 17a
Soncino 1961 Edition, page 114

GEMARA. … R. Simeon b. Yohai stated, There are five things which [cause the man] who does them to forfeit his life and his blood is upon his own head: Eating peeled garlic, a peeled onion or a peeled egg, or drinking diluted liquids that were kept over night; spending a night in a graveyard; removing one's nails and throwing them away in a public thoroughfare; and blood-letting followed immediately by intercourse.
 
'Eating peeled garlic etc.' Even though they are deposited in a basket and tied up and sealed, an evil spirit rests upon them. This, however, has been said only where their roots or peel did not remain with them, but if their roots or peel remained with them there can be no objection.

— Babylonian Talmud, Tractate Niddah 17a
Soncino 1961 Edition, page 112

GEMARA. … Our Rabbis taught: Five things make one forget one's studies: Eating something from which a mouse or a cat has eaten, eating the heart of a beast, frequent consumption of olives, drinking the remains of water that was used for washing, and washing one's feet one above the other. Others say: He also who puts his clothes under his head [forgets his studies].
 
Five things restore one's learning: Wheaten bread and much more so wheat itself, eating a roasted egg without salt, frequent consumption of olive oil, frequent indulgence in wine and spices, and the drinking of water that has remained from kneading. Others say: Dipping one's finger in salt and eating is also included.
 
'Frequent consumption of olive-oil'. This corroborates the view of R. Johanan who said: As the olive causes one to forget seventy years of study, so does olive oil restore seventy years of study.
 
'Frequent indulgence in wine and spices'. This corroborates the view of Raba who said: Wine and spices have made me wise.
 
'Dipping one's finger in salt' — Said Resh Lakish: One only. This is a matter of dispute between Tannaim: R. Judah said, one finger but not two; R. Jose said, two but not three. Your mnemonic is the third finger.
 
Ten things adversely affect one's study: Passing under the bit of a camel and much more so under the camel itself, passing between two camels, passing between two women, the passing of a woman between two men, passing under the offensive odour of a carcass, passing under a bridge under which water has not flowed for forty days, eating bread that was insufficiently baked, eating meat out of a soup-ladle, drinking from a streamlet that runs through a graveyard, and looking into the face of a dead body. Others say: He who reads an inscription upon a grave is also [subject to the same disability].

— Babylonian Talmud, Horayoth 13b
Soncino 1961 Edition, pages 100-101

Further Reading

Visit the web site of Professor Eliezer Segal, Professor of Religious Studies at the University of Calgary in Canada.
http://www.acs.ucalgary.ca/~elsegal/
See also "A Glossary of Basic Jewish Terms and Concepts" and biographical sketches of important rabbis provided by the Union of Orthodox Jewish Congregations of America at http://www.ou.org/about/judaism

Thank you for your consideration of the above,
Carol A. Valentine,  Ear@Come-and-Hear.com
July 14, 2003 ( This article is on line at http://www.come-and-hear.com/editor/critwords_2.html )
 

NEXT:   The Roadmap 5: Israel's "One Indigenous Science"

Endnotes:

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Appendix: Moses in Heaven

The following aggadah tells of the Jewish belief concerning Moses visiting Heaven and receiving the Torah from Yahweh. The Jewish Encyclopedia terms this story a "legend," and it is not held as an article of faith by all branches of Judaism.

From Shabbath 88b (Soncino 1961 Edition, pages 421-425):

GEMARA. … R. Joshua b. Levi also said: When Moses ascended on high, the ministering angels spake before the Holy One, blessed be He, 'Sovereign of the Universe! What business has one born of woman amongst us?' 'He has come to receive the Torah,' answered He to them. Said they to Him, 'That secret treasure, which has been hidden by Thee for nine hundred and seventy-four generations before the world was created. Thou desirest to give to flesh and blood! What is man, that thou art mindful of him, And the son of man, that thou visitest him? O Lord our God, How excellent is thy name in all the earth! Who hast set thy glory [the Torah] upon the Heavens!' 'Return them an answer,' bade the Holy One, blessed be He, to Moses. 'Sovereign of the Universe' replied he, 'I fear lest they consume me with the [fiery] breath of their mouths.' 'Hold on to the Throne of Glory,' said He to him, 'and return them an answer,' as it is said, He maketh him to hold on to the face of his throne, And spreadeth [PaRSHeZ] his cloud over him, whereon R. Nahman observed: This teaches that the Almighty [SHaddai] spread [Pirash] the lustre [Ziw] of His Shechinah and cast it as a protection over him. He [then] spake before Him: Sovereign of the Universe! The Torah which Thou givest me, what is written therein? I am the Lord thy God, which brought thee out of the Land of Egypt. Said he to them [the angels], 'Did ye go down to Egypt; were ye enslaved to Pharaoh: why then should the Torah be yours? Again, What is written therein? Thou shalt have none other gods: do ye dwell among peoples that engage in

Shabbath 89a

idol worship? Again what is written therein? Remember the Sabbath day, to keep it holy: do ye then perform work, that ye need to rest? Again what is written therein? Thou shalt not take [tissa] [the name … in vain]: is there any business [massa] dealings among you? Again what is written therein, Honour thy father and thy mother; have ye fathers and mothers? Again what is written therein? Thou shall not murder. Thou shalt not commit adultery. Thou Shall not steal; is there jealousy among you; is the Evil Tempter among you? Straightway they conceded [right] to the Holy One, blessed be He, for it is said, O Lord, our Lord, How excellent is thy name, etc. whereas 'Who has set thy glory upon the heavens' is not written. Immediately each one was moved to love him [Moses] and transmitted something to him, for it is said, Thou hast ascended on high, thou hast taken spoils [the Torah]; Thou hast received gifts on account of man: as a recompense for their calling thee man [adam] thou didst receive gifts. The Angel of Death too confided his secret to him, for it is said, and he put on the incense, and made atonement for the people; and it is said, and he stood between the dead and the living, etc. Had he not told it to him, whence had he known it?

R. Joshua b. Levi also said: When Moses descended from before the Holy One, blessed be He, Satan came and asked Him, 'Sovereign of the Universe! Where is the Torah? 'I have given it to the earth.' answered He to him. He went to the earth and said to her, 'Where is the Torah?' 'God understandeth the way thereof, etc.' she replied. He went to the sea and it told him, 'It is not with me.' He went to the deep and it said to him, 'It is not in me,' for it is said. The deep saith, It is not in me: And the sea saith, It is not with me. Destruction and Death say, We have heard a rumour thereof with our ears. He went back and declared before Him, 'Sovereign of the Universe! I have searched throughout all the earth but have not found it!' 'Go thee to the son of Amram. answered He. [So] he went to Moses and asked him, 'Where is the Torah which the Holy One, blessed be He, gave unto thee?' 'Who am I then,' he retorted, 'that the Holy One, blessed be He, should give me the Torah?' Said the Holy One, blessed be He, to Moses, 'Moses, art thou a liar!' 'Sovereign of the Universe!' he replied, 'Thou hast a stored-up treasure in which Thou takest delight every day: shall I keep the benefit for myself?' 'Said the Holy One, blessed be He, to Moses, 'Moses, since thou hast [humbly] disparaged thyself, it shall be called by thy name, as it is said, Remember ye the law of Moses my servant.

R. Joshua b. Levi also said: When Moses ascended on high, he found the Holy One, blessed be He, tying crowns on the letters [of the Torah]. Said He to him, 'Moses, is there no [greeting of] Peace in thy town?' 'Shall a servant extend [a greeting of] Peace to his Master!' replied he: 'Yet thou shouldst have assisted Me,' said He. Immediately he cried out to Him, And now, I pray thee, let the power of the Lord be great, according as thou hast spoken.

R. Joshua b. Levi also said: Why is it written; And when the people, saw that Moses delayed [boshesh] [to come down from the mount]? 'Read not boshesh' [delayed] but ba'u shesh [the sixth hour had come]. When Moses ascended on high, he said to Israel, I will return at the end of forty days, at the beginning of the sixth hour. At the end of forty days Satan came and confounded the world. Said he to them: 'Where is your teacher Moses?' 'He has ascended on high,' they answered him. 'The sixth [hour] has come,' said he to them, but they disregarded him. 'He is dead' — but they disregarded him. [Thereupon] he showed them a vision of his bier, and this is what they said to Aaron, for this Moses, the man, etc.,

One of the Rabbis asked R. Kahana: Hast thou heard what the mountain of Sinai [connotes]? The mountain whereon miracles [nissim] were performed for Israel, he replied. Then it should be called Mount Nisal? But [it means] the mountain whereon a happy augury [siman] took place for Israel. Then it should be called, Mount Simanai? Said he to him, Why dost thou not frequent [the academy of] R. Papa and R. Huna the son of R. Joshua, who make a study of aggadah. For R. Hisda and Rabbah the son of R. Huna both said, What is [the meaning of] Mount Sinai? The mountain whereon there descended hostility [sin'ah] toward idolaters. And thus R. Jose son of R. Hanina said: It has five names: The Wilderness of Zin, [meaning] that Israel were given commandments there; the Wilderness of Kadesh, where the Israelites were sanctified [kadosh], the Wilderness of Kedemoth, because a priority [kedumah] was conferred there; the Wilderness of Paran,

Shabbath 89b

because Israel was fruitful [paru] and multiplied there; and the Wilderness of Sinai, because hostility toward idolaters descended thereon. Whilst what was its [real] name? Its name was Horeb. Now they disagree with R. Abbahu, For R. Abbahu said: its name was Mount Sinai, and why was it called Mount Horeb? Because desolation [hurbah] to idolaters descended thereon.

    

Footnotes
Full specifics for each of the printed sources are provided in the Bibliography. Outside URLs were valid at the time this article was written. However, be mindful that URLs do change.

1. Image: Adam and Eve Banished from the Garden of Eden, 15th Century Italian painting
2. Image: The Sacrifice of Isaac, Michelangelo ("Caravaggio") Merisi, Uffizi Gallery, Florence, 1590-1610
3. Image: Cinema Poster advertising Charlton Heston cast as Moses in The Ten Commandments, 1956
4. Image: Two kingdoms, Atlas of World History Penguin, Volume One, 1974
5. Is Talmud Law in Order or Disorder? can be found at http://www.come-and-hear.com/editor/ordchaos.html
6. The Essential Talmud, page 64
7. Ibid, page 38
8. Image: King Cyrus of Babylon, stained glass in the Montreal, Canada cathedral Tres-Saint-Redempteur, by Guido Nincheri
9. Image: "The Good Samaritan," 1905, New Monkland Parish Church, near Glasgow, Scotland
10. Image: Ezra Reads the Book of the Law, Woodcut by Julius Schnoor von Carolsfeld
11. Image: Modern Betar
12. The following translations of Exodus 34:27 were consulted; Exodus 34:27 is cited in Gittin 60b
    New International Version: Then the LORD said to Moses, "Write down these words, for in accordance with these words I have made a covenant with you and with Israel."
    New American Standard Bible: Then the LORD said to Moses, "Write down these words, for in accordance with these words I have made a covenant with you and with Israel."
    Amplified Bible: And the Lord said to Moses, Write these words, for after the purpose and character of these words I have made a covenant with you and with Israel.
    New Living Translation: And the LORD said to Moses, "Write down all these instructions, for they represent the terms of my covenant with you and with Israel."
    English Standard Version: And the LORD said to Moses, "Write these words, for in accordance with these words I have made a covenant with you and with Israel."
    Contemporary English Version: The LORD told Moses to put these laws in writing, as part of his agreement with Israel.
    New King James Version: Then the LORD said to Moses, "Write these words, for according to the tenor of these words I have made a covenant with you and with Israel."
    21st Century King James Version: And the LORD said unto Moses, "Write thou these words, for according to the tenor of these words I have made a covenant with thee and with Israel."
    American Standard Version: And Jehovah said unto Moses, Write thou these words: for after the tenor of these words I have made a covenant with thee and with Israel.
    Young's Literal Translation: And Jehovah saith unto Moses, `Write for thyself these words, for, according to the tenor of these words I have made with thee a covenant, and with Israel.'
    Darby Translation: And Jehovah said to Moses, Write thee these words; for after the tenor of these words have I made a covenant with thee and with Israel.
    Revised Standard Version: And the LORD said to Moses, "Write these words; in accordance with these words I have made a covenant with you and with Israel."
    Jewish Publication Society translation of the Jewish Bible, the Tanach: And the Lord said unto Moses: 'Write thou these words, for after the tenor of these words I have made a covenant with thee and with Israel.'
13. "Introduction to Seder Nashim by the Editor", Seder Nashim, Vol. I, page xxvii, available at http://www.come-and-hear.com/talmud/nashim.html#xxvii
14. See Babylonian Talmud, "Foreword by the Very Rev. the Chief Rabbi," Seder Nezikin, Vol. I, page xiii at http://www.come-and-hear.com/talmud/nezikin_h.html The History of the Talmud, and infoplease.com encyclopedia entry at http://www.infoplease.com/ce6/society/A0847727.html cached at http://www.come-and-hear.com/editor/talmud-infoplease
15. Jewish Virtual Library, s.v. "Rabbi Akiba (Akiva) ben Joseph," http://www.us-israel.org/jsource/biography/akiba.html cached at http://www.come-and-hear.com/editor/akiba-jvl. Some authorities date Akiba's death at 132 A.D.
16. The History Of The Talmud, Vol. II, Part 1, page 12, available at http://www.come-and-hear.com/talmud/rodkin_ii1.html#p12
17. The Jewish Encyclopedia, s.v. "Oral Law," Vol. IX, page 423, available at http://www.jewishencyclopedia.com/view_page.jsp?artid=113
18. Ibid, s.v. "Moses," Vol. IX, page 50, available at http://www.jewishencyclopedia.com/view_page.jsp?artid=830&letter;=M
19. Ibid, s.v. "Oral Law," Vol. IX, page 423, available at http://www.jewishencyclopedia.com/view_page.jsp?artid=113
20. The Bible Timeline, page 4
21. Ibid, page 9
22. Babylonian Talmud, "Foreword by the Very Rev. the Chief Rabbi," Seder Nezikin, Vol. I, page xviii
23. Ibid, Vol. I, page xiii available at http://www.come-and-hear.com/talmud/nezikin_h.html#xiii
24. Ibid. Soncino Talmud translator Rev. Dr. Israel W. Slotki quotes G. F. Moore, Judaism, in Tractate Kethuboth 111a, page 716, footnote 2:
    "The 'sufferings' or 'travail' are more fully described in Sanh. 97b, Sonc. ed. p. 654. These are the 'throes of mother Zion which is in labor to bring forth the Messiah — without metaphor, the Jewish people'." Available here as http://www.come-and-hear.com/kethuboth/kethuboth_111.html#111a_52, note 52
25. The Universal Jewish Encyclopedia, s.v. "Talmud," Vol. 10, page 160
26. The Jewish Encyclopedia, s.v. "Ezra The Scribe — In Rabbinical Literature," , Vol. V. page 322, http://www.jewishencyclopedia.com/view.jsp?artid=578&letter;=E&search;=ezra%20the%20scribe
27. Catholic Encyclopedia, s.v. "Ezra," available at http://www.newadvent.org/cathen/05535a.htm cached at http://www.come-and-hear.com/editor/cathen-esdras
28. "Introduction," Everyman's Talmud, page xxxv et seq.
29. The Essential Talmud, page 36
30. Babylonian Talmud, "Foreword by the Very Rev. the Chief Rabbi," Seder Nezikin, Vol. I, pages xvi-xvii, available at http://www.come-and-hear.com/talmud/nezikin_h.html#xvi
31. Ibid, Vol. I, page xiv, available at http://www.come-and-hear.com/talmud/nezikin_h.html#xiv
32. Ibid, page xvii available at http://www.come-and-hear.com/talmud/nezikin_h.html#xvii
33. Ibid, pages xiv, xv available at http://www.come-and-hear.com/talmud/nezikin_h.html#xiv
34. Ibid, page xv available at http://www.come-and-hear.com/talmud/nezikin_h.html#xv
35. Ibid, page xvi available at http://www.come-and-hear.com/talmud/nezikin_h.html#xvi
36. Ibid, page xxii available at http://www.come-and-hear.com/talmud/nezikin_h.html#xxii
37. "Foreword," Everyman's Talmud, page xxiii
38. See Rabbi Dr. Neusner's biographical information hosted by Bard College at http://inside.bard.edu/religion/faculty.shtml cached at: http://www.come-and-hear.com/neusner-bio/index.html#neusner
39. Image: The legend for this early painting of Ezra the Scribe is given as "Codex Amiatinus early 8th Century"
40. "Bows and Arrows - Lag BaOmer," Union of Orthodox Jewish Congregations of America: http://www.ou.org/chagim/lagbaomer/arrows.htm cached at http://www.come-and-hear.com/editor/bar-kochba
41. Babylonian Talmud, "Introduction," Tractate Aboth, page v
42. Ibid, Chapter I, page 1, note 3
43. The History of the Talmud, Vol. II, page 38 available at http://www.come-and-hear.com/talmud/rodkin_ii2.html#p38
44. Ibid, Vol. II, page 38 available at http://www.come-and-hear.com/talmud/rodkin_ii2.html#p38
45. A scholar's introduction to the Code of Hammurabi can be found at http://www.yale.edu/lawweb/avalon/medieval/hammint.htm
    A translation of the Code itself is available at http://mcadams.posc.mu.edu/txt/ah/Assyria/Hammurabi.html cached at http://www.come-and-hear.com/supplement/hammurabi.html
46. "The Floods Of Noah and Gilgamesh," Institute for Creation Research, http://www.icr.org/pubs/imp/imp-285.htm
    For the Gilgamesh legend, see http://www.come-and-hear.com/supplement/index.html#gilgamesh
47. Jacob Wrestling with the Angel, Gustave Doré, 1855, Granger Collection, New York
48. "What is the Oral Torah," Aish HaTorah, http://www.aish.com/holidays/Shavuot/What_is_the_Oral_Torah.asp cached at http://www.come-and-hear.com/supplement/the_613_commandments/oral_torah.html
49. "Who is Aish HaTorah?," Aish HaTorah http://www.aish.com/aishint/
50. "613 Commandments," Aish HaTorah http://oemcomputer2/come-and-hear/c/supplement/the_613_commandments/index.html cached at http://www.come-and-hear.com/supplement/the_613_commandments
51. Jewish Virtual Library, http://www.us-israel.org/jsource/biography/hanasi.html cached as http://www.come-and-hear.com/editor/cp-judah

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Printer Friendly Version What About Gentiles?

In a recent position paper The Talmud in Anti-Semitic Polemics (February 2003), the Anti-Defamation League of B'ani B'rith deplored the allegation that Jews were bigoted against non-Jews.

Probably the most far-reaching claim made by anti-Talmud polemicists is that Judaism views non-Jews as a subhuman species deserving only hatred and contempt from its Jewish superiors. The visceral hatred that Jews are alleged to bear for non-Jews is proven, they claim, by a variety of statements in the Talmud and by Jewish law itself, which purportedly encourages Jews to exploit their non-Jewish neighbors and engage in criminal activities against them. Many go so far as to claim that Jews are intent on subjugating non-Jews around the world and even on committing genocide against them.
 
In its long history, Judaism has had its share of bigots, racists and xenophobes, some of whom expressed their prejudices in religious terms. In certain historical periods there have even been Jewish sects whose worldview placed Jews higher than non-Jews in inherent value. But normative Judaism has never diminished the essential humanity — and the concomitant holiness, derived from the doctrine of creation in imago Dei — shared by Jews and non-Jews alike. Based on verses in the biblical verses in Genesis 1:26-28, the principle that all men and women are created in the image of God is codified in the Mishnah (Avoth 3:14) and Talmud (Avoth 9b):
 

[Rabbi Akiva] used to say, "Beloved is man, for he was created in God's image; and the fact that God made it known that man was created in His image is indicative of an even greater love. As the verse states (Genesis 9:6), 'In the image of God, man was created.')"

 
This doctrine is echoed by one of the great rabbis of the twentieth century, Rabbi Joseph B. Soloveitchik (Man of Faith in the Modern World, p. 74):
 

Even as the Jew is moved by his private Sinaitic Covenant with God to embody and preserve the teachings of the Torah, he is committed to the belief that all mankind, of whatever color or creed, is "in His image" and is possessed of an inherent human dignity and worthiness. Man's singularity is derived from the breath "He [God] breathed into his nostrils at the moment of creation" (Genesis 2:7). Thus, we do share in the universal historical experience, and God's providential concern does embrace all of humanity.

— ADL (1) (emphasis added)

The ADL's complete document is available through the footnote. The ADL admits that yes, at various times, some individual Jews and some sects were bigoted, but states that this was never normative Judaism. What does the word "normative" mean? Dictionary.com gives this definition: "Of, relating to, or prescribing a norm or standard." So the ADL asserts that these anti-Gentile doctrines were never a part of standard or mainstream Judaism.

Gentiles in the Old Testament

Notice these words in The Talmud in Anti-Semitic Polemics: "Many go so far as to claim that Jews are intent … on committing genocide against them … but normative Judaism has never diminished the essential humanity … shared by Jews and non-Jews alike." (1) When it comes to Judaism, the Old Testament is very normative. So let us examine a passage from Deuteronomy Chapter 7.

1. When the LORD thy God shall bring thee into the land whither thou goest to possess it, and hath cast out many nations before thee, the Hittites, and the Girgashites, and the Amorites, and the Canaanites, and the Perizzites, and the Hivites, and the Jebusites, seven nations greater and mightier than thou;
2. And when the LORD thy God shall deliver them before thee; thou shalt smite them, and utterly destroy them; thou shalt make no covenant with them, nor shew mercy unto them:
3. Neither shalt thou make marriages with them; thy daughter thou shalt not give unto his son, nor his daughter shalt thou take unto thy son.
4. For they will turn away thy son from following me, that they may serve other gods: so will the anger of the LORD be kindled against you, and destroy thee suddenly.
5. But thus shall ye deal with them; ye shall destroy their altars, and break down their images, and cut down their groves, and burn their graven images with fire.
6. For thou art an holy people unto the LORD thy God: the LORD thy God hath chosen thee to be a special people unto himself, above all people that are upon the face of the earth.
7. The LORD did not set his love upon you, nor choose you, because ye were more in number than any people; for ye were the fewest of all people:
8. But because the LORD loved you, and because he would keep the oath which he had sworn unto your fathers, hath the LORD brought you out with a mighty hand, and redeemed you out of the house of bondmen, from the hand of Pharaoh king of Egypt.

— Deuteronomy 7:1-8

Exterminating the people and crushing their culture is genocide. Seven nations are slated for extermination in those verses alone, and more when we recall the Amaleks who are doomed by Divine command a little later on. As we read the latter part of Exodus and into Deuteronomy, Joshua, Judges, Samuel, Kings, etc., there are half a hundred cities and tribes in the area put to the sword and burned to the ground to make lebensraum (room to live) for the Israelites. See In His Own Image for partial inventory. (2)

In short, the ADL is badly out of touch with the historically normative Judaism. Nor can the ADL claim that all this is ancient history, disregarded by modern normative Judaism (Jews). The modern Feast of Purim is based on the Old Testament Book of Esther, and is celebrated by Jews throughout the world. That feast commemorates the vengeful slaughter of tens of thousands of powerless Gentiles (ancient Persians). See Holy Atrocities in Judaism. (11)

Jewish Encyclopedia and Elizabeth Dilling on Gentiles

Anti-Gentilism carries forward into the Talmud, but it broadens to include all non-Jews.

GEMARA. … For it has been taught: R. Simeon b. Yohai said: The graves of Gentiles do not defile, for it is written, And ye my flock, the flock of my pastures, are men; only ye are designated 'men'

— Babylonian Talmud, Tractate Baba Mezi'a 114b
Soncino 1961 Edition, page 651

Elizabeth Dilling maintains in The Jewish Religion: Its Influence Today, Chapter IV, "Judaism — Anti-Gentilism and Exploitation of Non-Jews" (3) that the Talmud contains many anti-Gentile doctrines. The ADL might suspect her interpretation of those passages, but she relies upon The Jewish Encyclopedia's article entitled "Gentile." (4) From that article we learn:

• After the failure of Joshua to exterminate or drive out Gentiles from the Promised Land, Gentiles are described as aliens or idolaters, and need to have restrictive measures exercised against them
• Desecration of the Sabbath is permitted during the besieging of a Gentile city
• Laws of purification are modified to permit contact with a corpse (recall David mutilating the corpses of 200 Philistines as a dowry for King Saul's daughter.)
• Gentiles are not classed as men, but as barbarians
• Since Gentiles are barbarians, they cannot get equal treatment under Jewish civil law
• Jewish courts ignore even the murder of Gentiles: "… the shedding of the blood of non-Israelites, while not cognizable by human courts, will be punished by the heavenly tribunal (Mek., Mishpatim, 80b)."
• A Gentile is not a "neighbor" — with regard to the "neighbor" commandments
• A Jew is not obligated to return an item lost by a Gentile
• Wage laws are not applicable to Gentiles
• A Jew who sells land to a Gentile is excommunicated
• Sometimes these discriminatory doctrines are not practiced to avoid giving Jews a bad reputation
• Gentiles commit bestiality and rape. If a Gentile rapes a Jewess and she becomes pregnant, the baby is regarded as a beast and the Jewess's relationship to her husband is unaffected
• Gentile midwives are not to be employed by Jews
• Gentiles are not permitted to suckle Jewish babies
• Gentiles are not permitted as witnesses in criminal or civil suits (some disagreement recorded)
• Gentiles lie, Jews do not

After discussing the doctrines and giving the cites, the Jewish Encyclopedia goes on to say the doctrines are passé.

Modern Judaism, as inculcated in the catechisms and explained in the declarations of the various rabbinical conferences, and as interpreted in the sermons of modern rabbis, is founded on the recognition of the unity of the human race; the law of righteousness and truth being supreme over all men, without distinction of race or creed, and its fulfillment being possible for all.

— The Jewish Encyclopedia (5)

However, Gentiles notice that various branches of Judaism and the various rabbis within those branches have various teachings; there is no mechanism in Judaism — such as the Papacy in Roman Catholicism — to enforce a uniformity of beliefs or to vacate past articles of faith. We have already noted that Judaism can embrace contradictory beliefs (see Critical Words of Talmud Study [6]) and that within Kabbalistic philosophy, opposites unite. (22)

How, then, can Gentiles know that these doctrines have truly been discarded? Indeed, many contemporary sources indicate those anti-Gentile doctrines have not been discarded, but rather, are in full force (see, for example, The Jews Are Called "Man" by leading Torah scholar Rabbi David Bar-Chayim, discussed below).

The 613 Commandments of Judaism

Judaism teaches that Jews must obey 613 commandments. The Jewish outreach and educational organization, Aish HaTorah, gives us the background on those commandments; Aish HaTorah states that God gave those commandments orally, and they preceded the written law of the Bible. (21) Aish HaTorah lists them for our inspection. (16) Of that list, Aish HaTorah states:

This list should not be used as a source for any practical Halachic ruling. There are differences of opinion over the applicability today of some commandments in this list. Similarly, distinctions must often be made between rabbinically-decreed commandments and those that still have binding force as Torah-law today. In all cases of doubt, a competent rabbinical authority should be consulted.

— Aish HaTorah (16)

For a discussion on the pitfalls of relying upon "competent rabbinical authority," see Dangerous Halakhah (25). Among those 613 commands are the following:

• Not to embarrass others (17)
• Not to oppress the weak (18)
• Not to speak derogatorily of others (19)
• Not to take revenge (20)
• Not to bear a grudge (21)
• To love Jews (13)
• Not to hate fellow Jews (15)

Those general commandments certainly are positive in nature. They show us Judaism as it is represented by the ADL. But what of specific commandments concerning Gentiles?

• Remember what Amalek did to the Jewish people (599)
• Not to forget Amalek's atrocities and ambush on our journey from Egypt in the desert (600)
• Wipe out the descendants of Amalek (598)
• Destroy the seven Canaanite nations (596)
• Not to let any of them remain alive (597)
• Not to love the missionary (37)
• Not to cease hating the missionary (38)
• Not to save the missionary (39)
• Not to say anything in his defense (40)
• Not to refrain from incriminating him (41)

This, then, is a slice of unedited, normative Judaism concerning Gentiles. It includes grudges, vengeance, hatred, and genocide. Which of the 613 God-given commandments are to be obeyed, and which ignored? That depends on your rabbi. Rabbi David Bar-Chayim, for example, says they are all to be obeyed …

Rabbi David Bar-Chayim on Gentiles

The Yeshivat Mercaz HaRav Kook is one of the largest Talmud colleges in Israel. (13) It was founded in 1924 by Rabbi Abraham Yitchak Kook (1865-1935), the First Chief Rabbi of Eretz Yisrael. A dozen years ago, one of the scholars at the school, Rabbi David Bar-Chayim, published the study, The Jews Are Called "Man".

Daat Emet ("True Knowledge") has made Rabbi Bar-Chayim's study available on the Internet, accompanied by its own "Foreword." (14) The Bar-Chayim's complete study consists of five parts. (15) In his Introduction, Rabbi Bar-Chayim refutes the notion that Jews and Gentiles are equal.

As will be further clarified, this outlook [that all human beings, Jew and Gentile, are equal] completely contradicts the Torah of Moses, and stems from an absolute lack of knowledge, permeated with foreign Western "values."

— Rabbi Bar-Chayim (15)

Rabbi Bar-Chayim's analysis of Jewish law on Gentiles cites Talmud law and rabbinical sources, and refutes opposing teachings. Israel National Radio calls Rabbi Bar-Chayim "one of Israel's Leading Torah Scholars." (18) Rabbi Bar-Chayim now serves as head of the Makhon Ben Yishai Institute for Torah Research.

Talmud Believers Agree with Talmud Critics

Contrary to the statements of ADL, Rabbi Bar-Chayim and many other Jewish clerics are personally certain about — and comfortable with — an Orthodox interpretation of the Talmud. That interpretation reads just as clearly in Hebrew as it does in English: Only Jews are men with the full rights of men; Gentiles are less than men, morally and legally. Rabbi Bar-Chayim quotes the First Chief Rabbi of Eretz Yisrael, Rabbi Abraham Isaac HaCohen Kook:

In the book "Orot," Orot Yisrael chapter 5, article 10 (page 156), Rabbi Kook wrote: "The difference between the Jewish soul, in all its independence, inner desires, longings, character and standing, and the soul of all the Gentiles, on all of their levels, is greater and deeper than the difference between the soul of a man and the soul of an animal, for the difference in the latter case is one of quantity, while the difference in the first case is one of essential quality."

— Rabbi Bar-Chayim, quoting Rabbi Kook (15) (emphasis in original)

Thus, on the subject of the status of Gentiles as seen in Jewish Scripture, Rabbis Bar-Chayim and Kook agree with Elizabeth Dilling and other Gentile critics of the Talmud. The ADL does no one a service by misrepresenting Jewish doctrine and denying impeccable Jewish scholarship.

It is also clear that these Orthodox views of Jewish doctrine are not merely discarded anachronisms or isolated phenomena, as the ADL represents. Indeed, how can the passage of time or the fashions of men put aside the Word of God? Only when Jews move away from Judaism do they abandon this fundamental doctrine of Judaism and become the egalitarians pictured by the ADL. As Rabbi Bar-Chayim writes in his conclusion:

It is clear to every Jew who accepts the Torah as G-d's word from Sinai, obligatory and valid for all generations, that it is impossible to introduce "compromises" or "renovations" into it. Any attempt to bypass or ignore certain things will not succeed. Perhaps one may view the aforementioned Halachic laws as an expression of racism; another may see in them baseless hate towards any Gentile. However, for the Jew who is devoted to the Torah as it is, this is the reality and the living path which has been set for the Jewish nation by the word of G-d.

— Rabbi Bar-Chayim (23)

The Un-rescinded 613 Commandments

Nor is Rabbi Bar-Chayim alone requiring acceptance of all 613 commandments. At the Chabad-Lubavitch Media Center, the teachings of the Lubavitcher Rebbe, the late Rabbi Menachem M. Schneerson, recipient of the Congressional Gold Medal, are summarized as follows:

The Torah refers to its 613 divine commandments by an array of synonyms: mitzvah (commandment), dibbur (word), mishpat (law), ed (testimonial), and chok (decree), among others … Chok implies a supra-rational decree — a law observed in submission to an authority which we have neither the right and capacity to question … All of Torah is chok: not only is every law and testimonial essentially a supra-rational decree, but also their written surface, also our intellectual-emotional quest to comprehend and appreciate them, is to be undertaken in supra-rational obedience to the divine will.

— Rabbi Schneerson, as summarized by Yanki Tauber (24)

This does not give the impression that any of the 613 commandments have been retired, nor even that they could be retired by human agency — in the opinion of Rabbi Schneerson.

As Columbia University journalism professor Samuel G. Freedman reminds us:

In the struggle for the soul of American Jewry, the Orthodox model has triumphed.

— Samuel G. Freedman (7)

For any who have lingering doubts about the place of the Gentile in Judaism and the New America, notice that Jewish leadership is actively promoting the highly discriminatory Noahide Laws. (See America's New Government Church, (17)), which embody these core Judaic doctrines.

Co-existence?

What does the future hold? Can the Jews ever co-exist with the rest of humanity? The answer is "yes," provided the rest of humanity accepts the role designed for them by Jewish leadership. If Gentiles do not accept enslavement, there will be conflict. Perhaps this is what Theodore Herzl was looking at when he concluded:

The solution is Exodus, the gathering together of the people out of dispersion — their concentration in a land of their own, under their own government, responsible to themselves.

— Theodore Herzl

Jews who wish to co-exist and live peaceably with Gentiles must be reminded of this classic maxim in both emotional counseling and criminology: Until the subject admits to the existence of a problem, the problem cannot be addressed. This principle is expressed in Christian doctrine as well. Without confession, there is no forgiveness, and without contrition, there is no reform.

The ADL denial that there ever was a problem in mainstream Judaic doctrines with regard to Gentiles is not a hopeful sign. The ADL is a powerful organization which assumes leadership for many aspects of Judaic life, including political, legal, and public relations. The statements that issue from the ADL are far-reaching in effect among both Jews and Gentiles, and their responsibility cannot be over-stated.

With our current knowledge of the long-standing doctrines at the heart of Judaism, perhaps the problems between Jews and other races through the centuries are no longer a mystery.

Thank you for your consideration of the above,
Carol A. Valentine,  Ear@Come-and-Hear.com
July 14, 2003 ( This article is on line at http://www.come-and-hear.com/editor/gentile.html )
 

NEXT:   Censoring the Talmud 1: Do Not Censor the Talmud, Please

Endnotes:

This and other Come and Hear™ Studies on Talmudic Judaism can be found online:

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The Jewish Religion: Its Influence Today by Elizabeth Dilling, complete with all 300 exhibits, can be found online:

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Soncino Babylonian Talmud tractates, with Forewords, Introductions, Glossary, List of Abbreviations, and footnotes. Now you can study the Babylonian Talmud in full context and with the running commentary of the finest scholars of Judaism:

Tractate Berakoth: http://www.come-and-hear.com/berakoth

Tractate Shabbath: http://www.come-and-hear.com/shabbath

Tractate Yebamoth: http://www.come-and-hear.com/yebamoth

Tractate Kethuboth: http://www.come-and-hear.com/kethuboth

Tractate Nedarim: http://www.come-and-hear.com/nedarim

Tractate Nazir: http://www.come-and-hear.com/nazir

Tractate Sotah: http://www.come-and-hear.com/sotah

Tractate Gittin: http://www.come-and-hear.com/gittin

Tractate Baba Kamma: http://www.come-and-hear.com/babakamma

Tractate Baba Mezi'a: http://www.come-and-hear.com/babamezia

Tractate Baba Bathra: http://www.come-and-hear.com/bababathra

Tractate Sanhedrin: http://www.come-and-hear.com/sanhedrin

Tractate Abodah Zarah: http://www.come-and-hear.com/zarah

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Search the Talmud http://www.come-and-hear.com/tindex.html

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Footnotes:   Full specifics for each of the printed sources are provided in the Bibliography. Outside URLs were valid at the time this article was written. However, be mindful that URLs do change.

1. The Talmud in Anti-Semitic Polemics, Anti-Defamation League, February, 2003, http://www.adl.org/presrele/asus%5F12/the_talmud.pdf cached at http://www.come-and-hear.com/supplement/adl-talmud.pdf
   Also available in HTML as http://www.come-and-hear.com/supplement/adl-talmud.html
2. "In His Own Image," http://www.come-and-hear.com/supplement/ot-select.html
3. The Jewish Religion: Its Influence Today, Chapter 4 available at http://www.come-and-hear.com/dilling/chapt04.html
4. The Jewish Encyclopedia, Vol. V, page 619, s.v. "Gentile," currently available at http://www.jewishencyclopedia.com/view.jsp?artid=142&letter;=G cached at http://www.come-and-hear.com/supplement/je-gentile.html
5. Ibid, Vol. V, page 625
6. Critical Words and More Critical Words are available at http://www.come-and-hear.com/editor/critwords_1.html and http://www.come-and-hear.com/editor/critwords_2.html respectively
7. Jew vs. Jew, page 338.
8. See footnotes 4 and 5
9. "Hate on the World Wide Web: A Brief Guide to Cyberspace Bigotry," Anti-Defamation League: http://www.adl.org/special_reports/hate_on_www/print.asp cached at http://www.come-and-hear.com/editor/adl-hates-censorship
10. The tyranny of hate: the roots of antisemitism: a translation into English of Memsheleth sadon by Constantin Brunner, translated by Graham Harrison, abridged and edited by Aron M. Rappaport - Lewiston: Edwin Mellen Press, c1992, page 9 http://www.constantinbrunner.info/tyranny.htm cached at http://www.come-and-hear.com/editor/brunner
11. Holy Atrocities in Judaism is available at http://www.come-and-hear.com/editor/br_1.html
12. "Deterring Suicide Killers," Shma.com, May 2002, http://www.shma.com/may02/nathan.htm cached at http://www.come-and-hear.com/editor/br-lewin-shma
    See also "A Stronger Moral Force," Shma.com: http://www.shma.com/may02/arthur.htm cached at http://www.come-and-hear.com/editor/br-green-shma
13. "Yeshivat Merkaz HaRav Kook," (English translation provided by site) http://www.kipa.co.il/merkaz/english.asp http://www.come-and-hear.com/editor/so-merkazharavkook
14. "Foreword," Daat Emet http://www.daatemet.org/daathalacha/en_gentiles.html cached at http://www.come-and-hear.com/supplement/so-daat-emet
15. "Introduction," by Rabbi Bar-Chayim, Daat Emet http://www.daatemet.org.il/daathalacha/en_gentiles1.html cached at http://www.come-and-hear.com/supplement/so-daat-emet/en_gentiles1.html
    The other four parts of the study are available through connecting links.
16. "613 Commandments," Aish HaTorah http://oemcomputer2/come-and-hear/c/supplement/the_613_commandments/index.html cached at http://www.come-and-hear.com/supplement/the_613_commandments
17. America's New Government Church is available at http://www.come-and-hear.com/editor/america_1.html
18. "Radio Archives," The Tovia Singer Show, Mar 5, 2002, http://www.toviasinger.com/RadioArchives.aspx cached at http://www.come-and-hear.com/editor/na-inr-chayim
19. Theodore Herzl in The Jewish State, paraphrased by Louis Lipsky for The Universal Jewish Encyclopedia, s.v. "Herzl," Vol. 5, page 338
20. The following text comes to us from eJewish.info (www.ejewish.info/main/ showResDetails.asp?resourceID=923): "Daat Emet" ("True Knowledge") seeks to provide intellectual, critical, and analytic tools to anyone who wishes to stand the systems of halacha and faith to a fair, logical, and scientific test.
    Halacha froze, but science strode forward with unprecedented breakthroughs. Systematic scientific thinking, the abundance of findings and discoveries, and the unprecedented availability of halachic texts present a challenge to the whole halachic worldview. Serious internal contradictions are being discovered within halachic literature and between halachic texts and scientific knowledge. These contradictions raise the question of how and whether halacha can be reconciled with free and open thought, liberated from ancient ways of thinking. The aim of "Daat Emet" is to fight ignorance and lack of knowledge, to encourage critical thought and free debate.
21. "What is the Oral Torah," Aish HaTorah, http://www.aish.com/holidays/Shavuot/What_is_the_Oral_Torah.asp cached at http://www.come-and-hear.com/supplement/the_613_commandments/oral_torah.html
22. See the teachings of Kabbalah described at "Ein-sof: The Kabbalistic Conception of God," The New Kabbalah, http://www.newkabbalah.com/einsof.html cached at http://www.come-and-hear.com/editor/cp-ein-sof The author, Dr. Sanford Drob, has a distinguished career that includes "work with violent offenders on Bellevue's Psychiatric Prison Ward and throughout the criminal justice system. He specializes in assessing the state of mind of offenders at the time of their criminal acts, and has testified in numerous homicide and other criminal trials." See http://www.newkabbalah.com/sanford.html cached at http://www.come-and-hear.com/editor/drob-bio
23. "The Jews are called 'Man,'" by Rabbi Bar-Chayim, Daat Emet http://www.daatemet.org.il/daathalacha/en_gentiles5.html cached at http://www.come-and-hear.com/supplement/so-daat-emet/en_gentiles5.html
    
24. " Reasoning The Stone," Based on the teachings of the Lubavitcher Rebbe; adapted by Yanki Tauber, Chabad-Lubavitch Media Center, http://www.chabad.org/Parshah/Article.asp?AID=2832 cached at http://www.come-and-hear.com/editor
25. "Dangerous Halakhah," by Haim Cohen, Free Judaism http://www.free-judaism.co.il/eng/Epuindx1.html cached at http://www.come-and-hear.com/supplement/free-judaism-cohen.html

© Copyright Carol A. Valentine, 2003. See copyright statement at http://www.come-and-hear.com/copyright.html

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Printer Friendly Version America's New Government Church

For Jews, the belief that God can be human
is the ultimate heresy.

— Rabbi Shmuley Boteach, on Christianity (7)

Minuth — Heresy, the belief in more than one Power,
especially Judeo-Christianity.

— Soncino Talmud Glossary

Unbeknownst to most Americans, the US Congress has been gradually changing the fundamentals of American law. The movement for change started as early as 1975, when Congress passed a resolution honoring the birthday of a prominent rabbi, Rabbi Menachem Mendel Schneerson, ("the Rebbe") of the Chabad Lubavitch sect (sometimes this sect is called "ultra-Orthodox"). The movement ratcheted forward in 1991, when Congress coupled Rabbi Schneerson's happy birthday message with a declaration that the United States of America was founded on the seven Noahide Laws. (1)

The Noahide Laws promise deadly consequences for Christians. We shall understand why a little later.

What are the seven Noahide Laws? In brief: LORD God told the Jews they must obey 613 commandments (72) in order to have everlasting life (i.e., "a portion in the-world-to-come"), but decreed that the rest of mankind must obey only seven commandments. Those seven commandments are the Noahide Laws. Furthermore, LORD God tasked the Jews to enforce the seven Noahide Commandments, and to enforce them with liberal use of the death penalty.

While we read of LORD God writing the Ten Commandments on stone tablets with his finger and giving them to Moses (Exodus 31:18, 34:28), there is no parallel Biblical statement of LORD God writing the Noahide Laws on stone tablets and giving them to anybody. Jews believe that the Noahide Laws were either passed down orally (see More Critical Words of Talmud Study, Oral Law), or derived by rabbis (see Israel's "One Indigenous Science" [50]). The authority of the Noahide Laws is not questioned, however. (37)

Here is an excerpt from the 1991 Congressional declaration concerning the Noahide Laws:

Whereas Congress recognizes the historical tradition of ethical values and principles which are the basis of civilized society and upon which our great Nation was founded;
 
Whereas these ethical values and principles have been the bedrock of society from the dawn of civilization, when they were known as the Seven Noahide Laws;
 
…
 
Whereas the Lubavitch movement has fostered and promoted these ethical values and principles throughout the world;
 
Whereas Rabbi Menachem Mendel Schneerson, leader of the Lubavitch movement, is universally respected and revered and his eighty-ninth birthday falls on March 26, 1991;
 
Whereas in tribute to this great spiritual leader, `the rebbe', this, his ninetieth year will be seen as one of `education and giving', the year in which we turn to education and charity to return the world to the moral and ethical values contained in the Seven Noahide Laws; and
 
Whereas this will be reflected in an international scroll of honor signed by the President of the United States and other heads of state: Now, therefore, be it
 
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That March 26, 1991, the start of the ninetieth year of Rabbi Menachem Schneerson, leader of the worldwide Lubavitch movement, is designated as `Education Day, U.S.A.'. The President is requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities.

— US Congress, HR 104 Public Law 102-14 (1)

Despite this Congressional declaration, many Americans are still not aware that their country was founded on Talmudic laws. (70) It is still widely believed that America was founded on the principles contained in the Declaration of Independence, the Bill of Rights, the Constitution, and Anglo-Saxon law generally. Some of the Founding Fathers even thought they had been influenced by the writings of John Locke, a Scot. Help clear up this misunderstanding. A copy of that 1991 resolution, Joint House Resolution 104 Public Law 102-14, and prior Congressional Schneerson birthday resolutions are available for easy download and study. (1)

[ Image: Brass Replica of Rabbi Schneerson's Congressional Gold Medal ]
    
Congressional Gold Medal (brass replica) awarded posthumously to Rabbi Schneerson in August 1994. The legend on the obverse reads "Benevolence Ethics Leadership Scholarship" in English, and "To improve the home" in Hebrew.     

To see how one of Judaism's most prominent and charming spokesmen is currently promoting the Noahide Laws, study the May 8, 2001 speech of the Very Reverend the Chief Rabbi of the United Hebrew Congregations of the British Commonwealth, Professor Jonathan Sacks. The speech is entitled Jewish Identity — The Concept of a Chosen People. (42)

A Description of the Noahide Laws

The Noahide Laws are defined in the Talmud, largely in Chapter VII of Tractate Sanhedrin, particularly: 56a, 56b, and 57a.

(Note: When excerpting quotations from the Talmud, we sometimes omit non-germane text and footnotes. An omission of text is indicated by an ellipsis (…). To see the full text and footnotes, follow the hot link at the end of the excerpt. It is our pleasure to make available on line a number of Talmud tractates, so that excerpts used in these Come and Hear™ articles and Elizabeth's Dilling's The Jewish Religion: Its Influence Today can be seen in full context. We indicate unprintable Hebrew characters, words, and phrases with the symbol [H].)

GEMARA. … Our Rabbis taught: seven precepts were the sons of Noah commanded: social laws; to refrain from blasphemy, idolatry; adultery; bloodshed; robbery; and eating flesh cut from a living animal …

— Babylonian Talmud, Tractate Sanhedrin 56a
Soncino 1961 Edition, pages 381-382

A contemporary promoter of the Noahide Laws, Rabbi Shmuley Boteach, is a Hasidic Jew, a Kabbalist, (43) and a disciple of the late Rabbi Schneerson. (58) Rabbi Boteach expresses the Noahide Laws in this language:

The Jews have the 613 commandments of the Torah to observe. Non-Jews have the Noahide commandments, included within which are prohibitions against idolatry, theft, murder, adultery and incest, cruelty to animals, blasphemy and the responsibility to establish and maintain courts of justice in a just society.

— Rabbi Boteach (9)

Jewish Law Enforced on Non-Jews

In the following Talmud excerpt, we see that Jews have Divine authority to enforce the Noahide Laws on non-Jews.

GEMARA. … If a heathen [son of Noah] blasphemed, employing substitutes of the ineffable Name, he is in the opinion of the Sages punishable by death. Why so? — Because it is written, as well the stranger, as he that is born in the land [when he blasphemeth the name of the Lord, shall be put to death].

— Babylonian Talmud, Tractate Sanhedrin 56a
Soncino 1961 Edition, page 381

One Witness — Death for Gentile

Rabbi Yitzchok Adlerstein is the director of Project Next Step of the Simon Wiesenthal Center in Los Angeles and a professor of Jewish Law and Ethics at Loyola Law School. Rabbi Adlerstein presents the basic principle of equal protection under Jewish law.

For a Jew to be convicted by a Jewish court, two eyewitnesses must have seen the perpetrator about to commit the crime and warned him of the potential penalty. The murderer must verbally answer that he chooses to proceed anyway. (For a non-Jew, only one witness is required and no verbal warning.)

— Rabbi Adlerstein, as told to Naomi Pfefferman (57)

So then, Jewish law is not based on "Equal Justice for All." Different standards are used to judge Jews and non-Jews. To convict a Gentile, all that is needed is one accuser. See US v. Talmud Law for further discussion. (66) Thus, it is very easy to convict a Gentile, but much more difficult to convict a Jew.

Now the Talmud Sages tell us that a single judge decides a Gentile's fate. There is no provision for a jury in Talmud law.

GEMARA. … R. Jacob b. Aha found it written in the scholars' Book of Aggada: A heathen is executed on the ruling of one judge, on the testimony of one witness, without a formal warning, on the evidence of a man, but not of a woman, even if he [the witness] be a relation. On the authority of R. Ishmael it was said: [He is executed] even for the murder of an embryo. Whence do we know all this? — Rab Judah answered: The Bible saith, And surely your blood of your lives will I require; this shows that even one judge [may try a heathen].

— Babylonian Talmud, Tractate Sanhedrin 57b
Soncino 1961 Edition, page 390

Gentiles Executed for Violating Noahide Laws

Here the rabbis argue and decide that heathens are put to death for idolatry, and any other violation of the Seven Laws, as well:

GEMARA. … With respect to idolatry, such acts for which a Jewish court decrees sentence of death [on Jewish delinquents] are forbidden to the heathen. This implies that they are merely forbidden, but their violation is not punished by death! - R. Nahman b. Isaac answered: Their prohibition is their death sentence. (1)
 
R. Huna, Rab Judah, and all the disciples of Rab maintained: A heathen is executed for the violation of the seven Noachian laws; the Divine Law having revealed this of one [murder], it applies to all.

— Babylonian Talmud, Tractate Sanhedrin 57a
Soncino 1961 Edition, pages 387-388

The translator, Rabbi Dr. H. Freedman, amplifies the text in a footnote:

1. I.e., in speaking of heathens, when the Tanna teaches that they are forbidden to do something, he ipso facto teaches that it is punishable by death; for only in speaking of Jews is it necessary to distinguish between prohibition and punishment.

— Rabbi Dr. H. Freedman

Death Sentence Endorsed Today

It would be a mistake to believe that contemporary promoters of the Noahide Laws have abandoned the Talmud doctrine that idolaters (i.e., Christians) be put to death for practicing their religion. The Noah's Covenant web site calls for the banning of Christmas and other Christian holidays, and endorses the call for the death sentence for Christians. Noah's Covenant quotes Rabbi Schneerson from Volume VIII of Likkutei Sichos, an anthology of the Schneerson's works. (71) Rabbi Schneerson in turn quotes Maimonides (the Rambam).

… according to the known Jewish ruling that Christians are idol worshippers.

— Maimonides, quoted by Rabbi Schneerson (63)

A gentile … is liable for the death penalty … if he has invented a religious holiday for himself … The general principle is we do not allow them to make new religious rituals and to make 'mitzvahs' for themselves by their own devices. Rather they may either become a Ger Tzeddek and accept all the Mitvahs; or [t]he (the Noahide) should stand fast in his Torah (the seven Noahide Laws) without adding or diminishing … and if he does make some new 'mitzvah,' we lash him, punish him, and inform him that he is obligated with the death penalty for this …

— Maimonides (the Rambam) (64)

Gentiles vs. the Beasts of the Field

In Tractate Sanhedrin 57b (cited above), we learned that a "heathen" is executed on the ruling of one judge. Let's compare that rule with the treatment of Jews and oxen accused of capital crimes. (Footnotes, except for footnote 7, have been omitted from this excerpt. To read the footnotes and the full context of the tractate, follow the hot link on the cite.)

MISHNAH. … CAPITAL CASES ARE ADJUDICATED BY TWENTY-THREE. THE PERSON OR BEAST CHARGED WITH UNNATURAL INTERCOURSE, BY TWENTY-THREE, AS IT IS WRITTEN, THOU SHALT KILL THE WOMAN AND THE BEAST, AND ALSO, AND YE SHALL SLAY THE BEAST.
 
THE OX TO BE STONED (7) IS TRIED BY TWENTY-THREE, AS IT IS WRITTEN, THE OX SHALL BE STONED AND ITS OWNER SHALL BE PUT TO DEATH (8) — AS THE DEATH OF THE OWNER, SO THAT OF THE OX, CAN BE DECIDED ONLY BY TWENTY-THREE.
 
THE DEATH SENTENCE ON THE WOLF OR THE LION OR THE BEAR OR THE LEOPARD OR THE HYENA OR THE SERPENT IS TO BE PASSED BY TWENTY-THREE. (9) R. ELIEZER SAYS: WHOEVER IS FIRST TO KILL THEM [WITHOUT TRIAL], ACQUIRES MERIT, R. AKIBA, HOWEVER, HOLDS THAT THEIR DEATH IS TO BE DECIDED BY TWENTY-THREE.

— Babylonian Talmud, Tractate Sanhedrin 2a
Soncino 1961 Edition, page 2

Rabbinical scholar and translator, Jacob Shachter, amplifies the text with these footnotes.

7. If he gored a person. Ex. XXI, 28.
8. Ex. XXI, 29.
9. Which has killed a human being.

— Jacob Shachter

A further perspective in traditional Jewish laws and attitudes concerning Gentiles is contained in What About Gentiles? (67) See also US v. Talmud Law. (66)

Noahides Killed by Decapitation

In this passage, we see that heathens (or "sons of Noah") must be killed by decapitation.

GEMARA. … Our Rabbis taught: [Any man that curseth his God, shall bear his sin. (3) It would have been sufficient to say], 'A man, etc.:' What is taught by the expression any man? (4) The inclusion of heathens, to whom blasphemy is prohibited just as to Israelites, and they are executed by decapitation; for every death penalty decreed for the sons of Noah is only by decapitation.(5)

— Babylonian Talmud, Tractate Sanhedrin 56a
Soncino 1961 Edition, page

The translator, Rabbi Dr. H. Freedman, explains in a footnote that the expression "sons of Noah" means non-Israelites.

3. Leviticus XXIV, 15
4. Lit., 'A man, a man', Heb. ish ish, [H] [H]
5. The only place where death is explicitly decreed for non-Israelites is in Gen. IX, 6: Whoso sheddeth man's blood, by man shall his blood be shed. It is a general law, applicable to all, having been given in the pre-Abrahamic era; his blood shall be shed must refer to the sword, the only death whereby blood is shed.

— Rabbi Dr. Freedman

The Sages consider decapitation to be the most hideous way to die because it so disfigures the corpse. In contrast, Jews who commit idolatry are stoned. (23) To see footnotes, please follow link at the bottom of the excerpt.

MISHNAH. EXECUTION BY THE SWORD WAS PERFORMED THUS: THE CONDEMNED MAN WAS DECAPITATED BY THE SWORD, AS IS DONE BY THE CIVIL AUTHORITIES. R. JUDAH SAID: THIS IS A HIDEOUS DISFIGUREMENT; BUT HIS HEAD WAS LAID ON A BLOCK AND SEVERED WITH AN AXE. THEY REPLIED, NO DEATH IS MORE DISFIGURING THAN THIS.

— Babylonian Talmud, Tractate Sanhedrin 52b
Soncino 1961 Edition, page 380

Axe or sword, the end result is the same.

"Grunts" Push for Decaptitation

If it seems fantastic that decapitations might be carried out in the US, the reader's attention is called to the July 26, 2003 edition of Defense Watch ("The Voice of the Grunt"). In an article entitled "Anti-Terror Weapon: Off With Their Heads," Robert G. Williscroft argues that the US military decapitate "terrorists."

We should have beheaded Saddam's monster sons, and placed their pigskin-draped heads atop long poles in the center of Baghdad. Then, one by one, as we capture other high-ranking members of the old regime, their pigskin-draped heads should join the rotting heads of the Hussein brothers.

— Robert G. Williscroft (73)

Of course, all of the "terrorists" so far are Gentiles. And once decaptition is used by American officials on Iraqi Gentiles, the precedent is established. Decaptition becomes an American practice, and may be used other Gentiles as well.

Defense Watch ("The Voice of the Grunt") is published by Soldiers For The Truth (SFTT), which claims to be "a grass-roots educational organization started by a small group of concerned veterans and citizens to inform the public, the Congress, and the media on the decline in readiness of our armed forces … SFTT is headed by retired Army Colonel David H. Hackworth." (74)

Jesus Led Israel to Apostasy

Should Christians be particularly concerned about all this? As we learned in Jesus' Membrum in the Talmud, (34) and Elizabeth Dilling's The Jewish Religion: Its Influence Today, Chapter III, Jewish teaching holds that Jesus of Nazareth ("Balaam," "Ben Stada," etc.) was a false god. He was the bastard son of a woman who played the harlot with carpenters, He worshipped a brick, performed magic with his sex organ, had sexual intercourse with his donkey, and attempted to seduce women. He was a sorcerer who led Israel to apostasy.

GEMARA. … On the eve of the Passover Yeshu (6) was hanged. For forty days before the execution took place, a herald went forth and cried, 'He is going forth to be stoned because he has practised sorcery and enticed Israel to apostasy. Any one who can say anything in his favour, let him come forward and plead on his behalf.' But since nothing was brought forward in his favour he was hanged on the eve of the Passover!

— Babylonian Talmud, Tractate Sanhedrin 43a
Soncino 1961 Edition, page 281

The translator, Rabbi Dr. H. Freedman amplifies the text in a footnote, citing the Munich codex of the Talmud (the identity of Jesus is clarified by calling him "the Nazarean"):

5. [Ms M. adds 'the Nazarean'.]

— Rabbi Dr. Freedman

Certainly, Jewish views of Jesus and His mother are allowable under the Bill of Rights. Christians have their opinions about other religions, too. However, the present-day Jewish view of Christianity has consequences in a way that the present-day Christian view of Judaism does not. Under Judaism, what happens to those who worship a false god?

MISHNAH. HE WHO ENGAGES IN IDOL-WORSHIP [IS EXECUTED]. IT IS ALL ONE WHETHER HE SERVE IT, SACRIFICE, OFFER INCENSE, MAKE LIBATIONS, PROSTRATE HIMSELF, ACCEPT IT AS A GOD, OR SAY TO IT, 'THOU ART MY GOD' …

— Babylonian Talmud, Tractate Sanhedrin 60b
Soncino 1961 Edition, page 410

Min, Minim, Minuth

In the Talmud, Christians are specifically described as "Judeo-Christians" or "min" (plural "minim"). The following definition of "minuth" in the Glossary for the Soncino Talmud makes the Talmudic attitude to Christianity clear:

Minuth — Heresy, the belief in more than one Power, especially Judeo-Christianity.

— Soncino Talmud Glossary

Idolater — Word Covers Many People

Some may assume that "idolatry" refers to the worship of idols. While that definition is correct, the word takes on metaphorical application, and may refer to anyone whose theology differs from that of the Pharisees. For example, Jews who reject the Talmud and wish to base their law and practices on the Old Testament only, have in the past, been labeled "idolaters" by the Pharisaic (Talmud) Jews. See the information on Sadducees and Karaites in Critical Words of Talmud Study.

Personal Virtue vs. Enforcement

Before taking up the next point, let us consider some aspects of religion. There is one aspect of religion that intends the betterment of the individual through prayer, meditation, right action, faith, hope, charity, etc. Let us call this aspect of religion the "religion of personal virtue."

There is, however, a second aspect of religion. This aspect requires one person to use force against his fellow, either individually, or more often, through the power of the state. Let us call this aspect of religion the "religion of enforcement."

Personal Virtue Religion

None of the teachings of Jesus require men to use force against one another; instead, Jesus directed the individual to acquire personal virtue. Among many other things, he said:

3. Blessed are the poor in spirit: for theirs is the kingdom of heaven.
4. Blessed are they that mourn: for they shall be comforted.
5. Blessed are the meek: for they shall inherit the earth.
6. Blessed are they which do hunger and thirst after righteousness: for they shall be filled.
7. Blessed are the merciful: for they shall obtain mercy.
8. Blessed are the pure in heart: for they shall see God.
9. Blessed are the peacemakers: for they shall be called the children of God.
10. Blessed are they which are persecuted for righteousness' sake: for theirs is the kingdom of heaven.
11. Blessed are ye, when men shall revile you, and persecute you, and shall say all manner of evil against you falsely, for my sake.

— Matthew 5:3-11

This writer knows of not one case of a government attempting to enforce any of the Beatitudes. Nor do we find Jesus of Nazareth directing His followers to convert others at the point of a sword, or to kill others because they do not follow His way. (61)

Enforcement Religion

In contrast, many of the commands in the Old Testament contain enforcement clauses. For example, this commandment —

18. Thou shalt not suffer a witch to live.

— Exodus 22:18

That commandment requires the force of the state to carry out the death sentence on a "witch." The following passage from Deuteronomy 13 requires Old Testament believers to kill unapproved prophets, miracle workers, and anyone who preaches another religion.

1. If there arise among you a prophet, or a dreamer of dreams, and giveth thee a sign or a wonder,
2. And the sign or the wonder come to pass, whereof he spake unto thee, saying, Let us go after other gods, which thou hast not known, and let us serve them;
3. Thou shalt not hearken unto the words of that prophet, or that dreamer of dreams: for the LORD your God proveth you, to know whether ye love the LORD your God with all your heart and with all your soul.
4. Ye shall walk after the LORD your God, and fear him, and keep his commandments, and obey his voice, and ye shall serve him, and cleave unto him.
5. And that prophet, or that dreamer of dreams, shall be put to death; because he hath spoken to turn you away from the LORD your God, which brought you out of the land of Egypt, and redeemed you out of the house of bondage, to thrust thee out of the way which the LORD thy God commanded thee to walk in. So shalt thou put the evil away from the midst of thee.
6. If thy brother, the son of thy mother, or thy son, or thy daughter, or the wife of thy bosom, or thy friend, which is as thine own soul, entice thee secretly, saying, Let us go and serve other gods, which thou hast not known, thou, nor thy fathers;
7. Namely, of the gods of the people which are round about you, nigh unto thee, or far off from thee, from the one end of the earth even unto the other end of the earth;
8. Thou shalt not consent unto him, nor hearken unto him; neither shall thine eye pity him, neither shalt thou spare, neither shalt thou conceal him:
9. But thou shalt surely kill him; thine hand shall be first upon him to put him to death, and afterwards the hand of all the people.
10. And thou shalt stone him with stones, that he die; because he hath sought to thrust thee away from the LORD thy God, which brought thee out of the land of Egypt, from the house of bondage.
11. And all Israel shall hear, and fear, and shall do no more any such wickedness as this is among you.

— Deuteronomy 13:1-11 (KJV)

There are many similar injunctions in the Old Testament. In the history of Christendom, we can see when the Old Testament doctrines dominated the minds of Christian leadership. When Christendom neglected Old Testament enforcement doctrines, religious freedom blossomed. Each man looked to the perfection of his own soul, and left his neighbor's soul to the care of his neighbor.

But now, with the rise of Judaism in the halls of power, we are looking at a return to Old Testament state-religion. Particularly, given the strain of Orthodox Judaism in ascendance, we are looking toward a re-unification of church and state, with priestly enforcement of Old Testament and Talmudic commandments.

America Is Rapidly Becoming Talmudized

In 1999, the Supreme Court agreed to consider an amicus brief based wholly on Talmudic law (see Sentence and Execution).
 
In November 2002, the American Orthodox Jewish community held a kosher dinner in the Supreme Court building to celebrate the establishment of the National Institute for Judaic Law. (44) The dinner was attended by 200 people, including three Supreme Court Justices. The purpose of the Institute is to introduce Talmudic laws into the US legal system and law schools.
 
It is thus the clear civic duty of every American to become intimately acquainted with the Talmud. Read articles at:
Death Penalty: http://www.come-and-hear.com/editor/capunish_1.html
Kosher Dinner: http://www.come-and-hear.com/editor/cp-jp-11-09-2002 and http://www.come-and-hear.com/editor/cp-jw-01-08-03

The Planners

We have already met Rabbi Shmuley Boteach (above), a disciple of the late Rabbi Schneerson and promoter of the Noahide Laws. In Judaism for Everyone published in 2002, Rabbi Boteach begins by stating:

This book is written in the belief that the next thousand years will be a Jewish millennium. For the first time in its long and trying history, the world's oldest monotheistic faith is going mainstream.

— Rabbi Boteach (11)

Rabbi Boteach explains in his own words why Jews should be in the position of control during this millennium. In the following, be aware that the word "Torah" is used to denote "Talmud" (see Critical Words of Talmud Study). (49)

The world cannot be run at human whim. It needs an ultimate plan and a regulator who can determine whether it is progressing or regressing This is the role of the Torah, the divine law, which puts each contribution into perspective. It organizes all human actions so that they coalesce into one supremely redeeming blueprint …
 
… There had to be one people whose supreme purpose was to reveal this master plan to the world. History required a nation whose entire purpose was to teach the world Godly ethics and the contribution the nation could make toward the perfection of the earth …
 
… The task of the Jews is to be a light unto the nations. Light is an apt metaphor because it shows the way and provides guidance. It allows us to clean the room and arrange the furniture so that the home becomes fit for human habitation. God, too, desires to reside among man. But we must first make the earth fit to be a royal residence.

— Rabbi Boteach (12)

Rabbi Boteach goes on to remind us of the two-track system: Jews are governed by 613 commandments, Noahides by seven. (12) Curiously, Rabbi Boteach does not mention the landmark 1991 Congressional declaration concerning the Noahide Laws on the occasion of his own mentor's birthday (Rabbi "The Rebbe" Schneerson). Nor does he mention that Noahides found in violation of the Noahide Laws are sentenced to death under a one-witness, one-judge, fast-track justice system. That is quite an oversight!

We are now at the beginning of the Jewish Millennium. What will life bring in a decade or two? Possibly, things will be quite all right, in light of Rabbi Boteach's following statement.

Rabbi Boteach: Judaism Teaches Tolerance

On page 393 of Judaism for Everyone, Rabbi Boteach praises tolerance.

Tolerance is an important lesson that Judaism can teach all world religions. Despite Judaism's being the world's oldest monotheistic faith, the Jews have never insisted that their beliefs are superior to others … Coercion is as foreign to Judaism as Christmas.

— Rabbi Boteach (18)

Rabbi Boteach: Tolerance Is "Repugnant"

Now let us turn to page 280 of Judaism for Everyone and read as Rabbi Boteach condemns tolerance.

In today's society people pride themselves on their tolerance. They believe they have progressed beyond the prejudices of the past. They have learned to allow those opinions that do not necessarily accord with their own to be voiced. But is this progress?
 
I find this definition of tolerance repugnant. Rather than find enrichment or redemption in another's differences, one tolerates, or stomachs, their differences. One swallows hard, one suffers — tolerates — another's right to be different. This is hardly recognizing the virtue than [sic] can be extracted from another party's distinctiveness. This is a philosophy of segregation rather than multicultural enrichment. Tolerating another person implies that though one allows his opinions or differences today, if tomorrow he were to disappear from the face of the earth, one would hardly notice his absence. There is nothing to be learned from his conflicting opinion or uniqueness, and his absence in no way compromises or impairs one's own state of completion. Promoting or defending the modern definition of tolerance is really a license to indifference. It is not a call to harmony or multicultural enrichment.

— Rabbi Boteach (8)

This may be a little worrisome. It seems Rabbi Boteach does not know his own mind. Or does he?

Christians Make Jews Uncomfortable

Toward the conclusion of Judaism for Everyone, Rabbi Boteach tells us "why Jews are uncomfortable with Christianity." (13) Christians make Jews "uncomfortable" in ten ways summarized in the Appendix: Why Christianity Makes Jews Uncomfortable. Since Jews will have the power of life and death over Christians in the upcoming Jewish millennium, Jewish uncomfortable-ness matters.

Christianity Is the Ultimate Heresy

Now let us turn to page 401 of Judaism for Everyone and read as Rabbi Boteach says that Jews condemn Christianity as the Ultimate Heresy.

Certain beliefs have been deeply engrained into the Jewish psyche for so many thousands of years, that even the most secular and disinterested of Jews accept them as axiomatic. Foremost among these is the simple belief that no man could ever be God. … Man is free, but his liberty cannot be taken for license.

— Rabbi Boteach (6)

The idea that a man could be God is anathema to everything that Judaism stands for and everything that Judaism came into this world to accomplish.

— Rabbi Boteach (57)

For Jews the Belief That God Can Be Human Is the Ultimate Heresy … The belief that God could have been born of a human womb, or could once have walked the earth, is so foreign to Judaism that it is rejected even by the most assimilated Jews. … Christianity, however, sees in Jesus the incarnation and embodiment of the Second Person of the Trinity, the Son.

— Rabbi Boteach (15)

What answer does Judaism have for the Bible literalist, who can point to the many human manifestations of God recorded in the Bible? (31)

The ancient Rabbis were at pains to emphasize that the various anthropomorphic descriptions of the Creator in the Bible — the face of God, His outstretched hand, His back — were nothing more than allegorical language designed to make the Creator accessible to the human mind.

— Rabbi Boteach (20)

On other issues, however, Judaism accepts the Bible literally:

In Egypt, God manifested strict justice toward the wicked Egyptians, destroying their lives and property through ten plagues. At the splitting of the Red Sea, He showed Himself to be a warrior who effortlessly decimated Pharaoh's legions, and simultaneously as a caring Father who rescued the forlorn Israelites who were plunged in the Red Sea. At Sinai He was a lawgiver …

— Rabbi Boteach (21)

Can We Know God's Mind?

Rabbi Boteach tells us this about Judaism:

Judaism accepts the idea that there can be no positive description of God. We cannot say what God is, only what He is not. His being completely transcends human apprehension.

— Rabbi Boteach (21)

If this is true, and God transcends human apprehension, how can Judaism be so certain He would never want to take human form, or could not do so if He wanted to? Christians may be puzzled by this.

Is God Man, or Is Man God?

The concept that God cannot take on man characteristics is an interesting one — Rabbis believe man can take on God characteristics. That belief is illustrated in the following passages. In the first passage, we learn that Raba says it is possible for man to create, and we learn that Rabbah created a man. We also learn two other rabbis created a calf and ate it.

GEMARA. … Raba said: If the righteous desired it, they could [by living a life of absolute purity] be creators, for it is written, But your iniquities have distinguished between etc. (7) Rabbah created a man, (8) and sent him to R. Zera. R. Zera spoke to him, but received no answer. Thereupon he said unto him: 'Thou art a creature of the magicians. Return to thy dust.'
 
R. Hanina and R. Oshaia spent every Sabbath eve in studying the 'Book of Creation', (9) by means of which they created a third-grown calf (10) and ate it.

— Babylonian Talmud, Tractate Sanhedrin 65b
Soncino 1961 Edition, page 446

Talmud translator Rabbi Dr. H. Freedman amplifies the text with footnotes.

7. Isa. LIX, 2.
8. Ibid. Raba understands mabadilim in the sense of 'draw a distinction'. But for their iniquities, their power would equal God's, and they could create a world.
9. By means of the Sefer Yezirah, Book of Creation. V. next note.
10. The Book of Creation, Heb. Sefer Yezirah, is the title of two esoteric books. The older, referred to here, was a thaumaturgical work popular in the Talmudic period. It was also known as Hilkoth Yezirah (Laws of Creation), and is so called in the same story quoted on [Sanhedrin] 67b. Rashi there states that the creation was performed by means of mystic combinations of the Divine Name, which does not come under the ban of witchcraft. Its basic idea is that the Creation was accomplished by means of the power inherent in those letters (Cf. Rab's saying: 'Bezalel knew how to combine the letters by which heaven and earth were created'. Ber. 55a. Cf. also Enoch LXI, 3 et seq.; Prayer of Manasseh: Ecc. R. III, 11 on the magic power of the letters of the Divine Name), and that this same power could be utilised in further creation. The work was ascribed to Abraham, which fact indicates an old tradition, and the possible antiquity of the book itself. It has affinities with Babylonian, Egyptian, and Hellenic mysticism and its origin has been placed in the second century B.C.E., when such a combination of influences might be expected. It is noteworthy that Raba's statement above, though not mentioning the Sefer Yezirah, insists on freedom from sin as a prerequisite of creation by man, v. J.E., XII, 602.
11. (I.e., a calf that has reached one third of its full growth; others interpret: (i) in its third year; (ii) third born, fat].

— Rabbi Dr. Freedman

Note Rabbi Dr. Freedman's mention of Sefer Yezirah, a translation of which is on line at Come and Hear™. (59) The reader may also be interested in Elizabeth Dilling's comments on the Sefer Yezirah. (60) This account of the rabbis creating a calf and eating it is repeated in Tractate Sanhedrin 67b.

In the following passage, someone called Jannai changes a woman into an ass and rides her. He is apparently embarrassed when someone else breaks his spell, the woman becomes human again, and he is seen "riding upon a woman in public."

GEMARA. … Jannai came to an inn. He said to them, 'Give me a drink of water,' and they offered him shattitha. Seeing the lips of the woman [who brought him this] moving, he [covertly] spilled a little thereof, which turned to snakes. Then he said, 'As I have drunk of yours, now do you come and drink of mine.' So he gave her to drink, and she was turned into an ass. He then rode upon her into the market. But her friend came and broke the charm [changing her back into a human being], and so he was seen riding upon a woman in public.

— Babylonian Talmud, Tractate Sanhedrin 67b
Soncino 1961 Edition, pages 460-461

Tripartite God Is Illogical, Unacceptable

Leaving aside the question of whether God could take human form if He wanted to, Judaism teaches that God cannot manifest himself in three aspects

Judaism Conceives of God as an Absolute Unity … Christianity, however, maintains a divine Trinity of three Persons, the Father, the Son, and the Holy Spirit, which together form the mysterium tremendum (overwhelming mystery) of Christian beliefs … Christianity thus affirms a belief in a tripartite God, which to Judaism is illogical and unacceptable.

— Rabbi Boteach (7)

Bi-partite, Poly-partite God is Logical, Acceptable

While repudiating the idea that God can manifest in three aspects, Judaism sidesteps the "Ultimate Unity" to assert that God can easily manifest in numbers other than three. For example, God can assume Male and Female emanations. It's time to meet the Shechinah, the female emanation of God (some say Her name is pronounced "Shock 'N Awe"). Rabbi Boteach introduces Her in Judaism for Everyone:

The idea of a woman reflecting a female component in the Godhead is a central idea of the Kabbalah. The woman is the Shekhinah, the Divine Presence, commanding increased respect. The Zohar, the key work of Jewish mysticism, in a famous passage, says:

It is incumbent on a man to be ever "male and female" [married] in order that his faith may be firm, and that the Shekhinah may never depart from him. What, then, will you say, of a man who goes on a journey and, being absent from his wife, is no longer "male and female"? His remedy is to pray to God before he starts his journey, while he is still "male and female," in order to draw to himself the presence of his Maker. When he has offered his prayer and thanksgiving and the Shekhinah rests on him, then he can depart, for through his union with the Shekhinah he has become "male and female" in the country as he was "male and female" in the town … When he does return home again, it is his duty to give his wife pleasure, because it was she who acquired for him his heavenly partner. (Zohar, Genesis, 49b-50a)

— Rabbi Boteach (14)

In his Foreword to the Soncino Talmud (1935), the Very Reverend the Chief Rabbi of the British Empire, the late Dr. Joseph H. Hertz, quotes the Talmud Sage Rab to the effect that God (male) and the Shechinah (female) can be feeling and doing different things simultaneously, as though they were separate entities:

‘Since the Exile,’ he declares, ‘the Shechinah mourns, and God prays: Be it My will that in My dealings with My children My mercy overcome My justice.’

— Rabbi Dr. Hertz (51)

The Shechinah appears in the Talmud. She is mentioned seventy times in the 1952 General Index, and once again under an alternate spelling, "Shekinah."

Shechinah, Ber. 191, Shab. 141, 152,
    257, 298, 319. 411f, 415, 'Er.
    444, Pes. 32, 279, Yom. 11,
    95, 102, 121, 421, Suk. 15,
    210, Meg. 132, 157, 175,
    MK. 48, 156, 192, Hag. 98,
    100, Yeb. 304, 320, 412f,
    Sot. 11, 18f, 43f, 52, 63, 65,
    68, 197 et passim, Kid. 150,
    153, BK. 471, BB. 124f, 127,
    233, San. 27f, 46, 83, 85, 121,
    230, 245, 249f, 271, 304,
    652, 659f, 664, 700, 702,
    705f, 720, 733, 755f, Ab. 30f,
    Zeb. 489, 577, Tam. 8, 22,
    Nid. 87. See also Shekinah.
   — qualifications for reception
    of, Shab. 441, Pes. 599f.
…
Shekinah, AZ. 69. See also Shechinah.

— Soncino Talmud General Index
Soncino 1961 Edition, page 376, 377

To learn about the Shechinah in the Talmud, use the Come and Hear™ Search page.

Rabbi Boteach also describes other manifestations of the Godhead (En-Sof), including the ten sefirot, or mystic spheres, or colors, or emotions. (22)

The relationship between God's essence, referred to by the Kabbalists as the En Sof (literally, "there is no end"), and the ten sefirot is analogous to clear water being placed into ten glasses, each of different color. Red would represent God's anger, blue His compassion, green His splendor, and so on. Viewed from the outside, the water will invariably appear red, blue, green, or yellow, depending on the color of glass into which it is placed. In reality, however, the water has not changed color at all and only appears this way to the outside observer.

— Rabbi Boteach (20)

So then, Rabbi Boteach tells us that some people are on the outside of God, and some are on the inside. He also identifies two other manifestations of the Ein-Sof: the Tetragrammaton (YHWH) and Elokim. YHWH is the attribute of Mercy, and Elokim the attribute of Justice.

Elizabeth Dilling, the Protestant Christian author of The Jewish Religion: Its influence Today, believes that Judaism is not monotheistic. For further information, see Chapter VI, Judaism Not Monotheistic, Chapter VII, Judaism and Paganism, and Chapter VIII, Demonology of the Pharisees. (35)

What is the truth, then? Can God manifest Himself as three, or more than a dozen? It is beyond the scope of Come and Hear™ to settle these issues. We mention them simply to help achieve Rabbi Sachs' goal: that we find out about each other's faiths (see What We're About (36)).

No Original Sin

In the following, be aware that the word "Torah" is often used to denote Talmud. See Critical Words of Talmud Study. (49) The following statements were excerpted from three contiguous pages — the ellipses (…) indicate omitted text, following a thread in Rabbi Boteach's thinking.

Jews Do Not Believe in Original Sin and the Fall of Man, a Cornerstone of Christian Faith. … Judaism does not promote the idea that people are born either meritorious or sinful. Rather the individual is born innocent … The Torah does speak of Adam's sin. But it teaches that man can rise above it. Righteousness may be challenging, but it was for this treason that God gave humankind the Torah.

— Rabbi Boteach (17)

Original Sin is a critical point of departure between Christians and Jews. Many Christians believe Original Sin prevents man from attaining perfection, and that political power must be limited for fear of doing evil on a grand scale. Without the Original Sin doctrine, men have no inhibition about the concentration of political power.

Jews Focus on This World, Christians the Next

To understand the import of the following, be aware that the word "Torah" is most commonly used to denote the Talmud. See Critical Words of Talmud Study. (49)

Christianity Is Oriented Toward the Next World, Judaism Toward This World. Christianity posits that the purpose of man is to achieve the salvation of his soul and to attain everlasting life in Paradise … Judaism is oriented toward this world and steadfastly promotes the idea that man's purpose is to perfect the world and bring godliness into an otherwise un-Godly planet.

— Rabbi Boteach, (10) (emphasis added)

So then, we understand that since Judaism introduces God into this un-Godly heathen world, Jews have a special mission. They must assume authority over all mankind, lest un-Godliness prevail. Jews remember what Jesus said:

36. My Kingdom is not of this world.

— Jesus of Nazareth, as quoted in John 18:36 (KJV)

But the Jews know their kingdom is of this world. Talmud Law assumes authority over all mankind, not just those who agree with it; Just as explorers in the New World lay claim to lands that are new to them, and lay claim to the native populations, the Jews lay claim to this world, and all its native populations.

We now understand Rabbi Boteach's interest in the distinction — those who believe in "this world" will rule over those who believe in the "next world."

Rabbi Jacob Neusner, writing in 1995, expresses the same thought in almost the same words.

The Talmud is a public, political, anonymous, collective, social statement; its compilers intended to define the life of the public polity by forming the kingdom of God in the here and now …

— Rabbi Dr. Neusner (46)

A kingdom of God in the here and now, based on the Talmud.

Judaism Is the Universal Religion

In the Jewish Millennium, there is no need for a religion other than Judaism.

Christianity is a supremely proselytizing faith. Since Christianity affirms that none shall come unto the Father except through the Son, it takes the view that there is only one road to truth, one path to salvation.
 
Judaism, however, is a supremely universalist religion, teaching that there are several paths to the one, true God. A non-Jew does not enhance his existence by becoming Jewish, and indeed a righteous Gentile who leads a godly and moral life will inherit the same place in the world-to-come as a Jew.
 
Nine hundred years ago, Maimonides wrote that non-Jews who live by the seven Noahide commandments would inherit the same place in heaven as a Jew.

— Rabbi Boteach (19)

But in reality, the "several" paths to Heaven are just one for each: Rabbinical Judaism for Jews, and rabbinical Noahidism for Gentiles. With a death penalty for people who stray from the path, it's a simple, workable system.

Judaism and Tolerance

Before we go on to meet our next guest, Rabbi Daniel Lapin, let us review some facets of Jewish law concerning the treatment of those who will not conform to the Jewish religion. We have already read Deuteronomy 13:1-11, wherein we learn that if our brother, our son, our daughter, or our wife strays from the path of Judaism, we must kill them — without hesitation.

1. If there arise among you a prophet, or a dreamer of dreams, and giveth thee a sign or a wonder,
2. And the sign or the wonder come to pass, whereof he spake unto thee, saying, Let us go after other gods, which thou hast not known, and let us serve them;
3. Thou shalt not hearken unto the words of that prophet, or that dreamer of dreams: for the LORD your God proveth you, to know whether ye love the LORD your God with all your heart and with all your soul.
4. Ye shall walk after the LORD your God, and fear him, and keep his commandments, and obey his voice, and ye shall serve him, and cleave unto him.
5. And that prophet, or that dreamer of dreams, shall be put to death; because he hath spoken to turn you away from the LORD your God, which brought you out of the land of Egypt, and redeemed you out of the house of bondage, to thrust thee out of the way which the LORD thy God commanded thee to walk in. So shalt thou put the evil away from the midst of thee.
6. If thy brother, the son of thy mother, or thy son, or thy daughter, or the wife of thy bosom, or thy friend, which is as thine own soul, entice thee secretly, saying, Let us go and serve other gods, which thou hast not known, thou, nor thy fathers;
7. Namely, of the gods of the people which are round about you, nigh unto thee, or far off from thee, from the one end of the earth even unto the other end of the earth;
8. Thou shalt not consent unto him, nor hearken unto him; neither shall thine eye pity him, neither shalt thou spare, neither shalt thou conceal him:
9. But thou shalt surely kill him; thine hand shall be first upon him to put him to death, and afterwards the hand of all the people.
10. And thou shalt stone him with stones, that he die; because he hath sought to thrust thee away from the LORD thy God, which brought thee out of the land of Egypt, from the house of bondage.
11. And all Israel shall hear, and fear, and shall do no more any such wickedness as this is among you.

— Deuteronomy 13:1-11 (KJV)

It's different from what we're used to, yes. Among Christians, Protestant and Catholics sometimes marry and one party consents to the religion of the other. Even if one family might regard the in-laws' religion as heresy, people try to get along without killing each other.

Building on the work of other researchers, we have collected some references showing Jewish tolerance for other religious faiths and cultures. See In His Own Image (32) and What About Gentiles? (67)

The second half of Deuteronomy 13 deals with the treatment of whole towns and tribes that fall into idolatry, and as we shall see in a moment, it is the subject of particular attention by the Talmud Scribes.

12. If thou shalt hear say in one of thy cities, which the LORD thy God hath given thee to dwell there, saying,
13. Certain men, the children of Belial, are gone out from among you, and have withdrawn the inhabitants of their city, saying, Let us go and serve other gods, which ye have not known;
14. Then shalt thou enquire, and make search, and ask diligently; and, behold, if it be truth, and the thing certain, that such abomination is wrought among you;
15. Thou shalt surely smite the inhabitants of that city with the edge of the sword, destroying it utterly, and all that is therein, and the cattle thereof, with the edge of the sword.
16. And thou shalt gather all the spoil of it into the midst of the street thereof, and shalt burn with fire the city, and all the spoil thereof every whit, for the LORD thy God: and it shall be an heap for ever; it shall not be built again.
17. And there shall cleave nought of the cursed thing to thine hand: that the LORD may turn from the fierceness of his anger, and shew thee mercy, and have compassion upon thee, and multiply thee, as he hath sworn unto thy fathers;
18. When thou shalt hearken to the voice of the LORD thy God, to keep all his commandments which I command thee this day, to do that which is right in the eyes of the LORD thy God.

— Deuteronomy 13:11-18 (KJV)

The Talmud implements this Biblical passage as Judaic law in the Mishnah for Sanhedrin 111b, with some details and modifications. (33) The Jewish state must exterminate "false prophets" and entire tribes and cities who have fallen into idolatry. (For further discussion on this point, see Holy Atrocities and Judaism.) Sanhedrin 2a lays down some regulations. (Ellipses indicate we have omitted text. To see the full text and the footnotes, follow the link at the end of the excerpt.)

MISHNAH. … A TRIBE, A FALSE PROPHET AND A HIGH PRIEST CAN ONLY BE TRIED BY A COURT OF SEVENTY-ONE …[text omitted]… SMALL SANHEDRINS FOR THE TRIBES CAN BE INSTITUTED ONLY BY A COURT OF SEVENTY-ONE …[text omitted]… NO CITY CAN BE DECLARED CONDEMNED SAVE BY A DECREE OF A COURT OF SEVENTY-ONE. A FRONTIER TOWN CANNOT BE CONDEMNED NOR THREE CITIES AT A TIME, BUT ONLY ONE OR TWO.

— Babylonian Talmud, Tractate Sanhedrin 2a
Soncino 1961 Edition, pages 1-2

We wonder how the Simon Wiesenthal Center's Museum of Tolerance would address these matters. (24)

No Images or Icons, Ever

It seems that not only are Jews uncomfortable with Christianity, they are very uncomfortable with Christianity. Now Rabbi Boteach expands. He says from the beginning of their history, Jews have sought to destroy the religious artifacts of non-Jewish religions. Notice that he says Judaism forbids the use of visual images in any religion, ever.

Images and icons — the image of the crucifix foremost among them — are absolutely central to Catholicism and figure prominently in Protestantism as well … From the outset Judaism aimed to destroy the idols and false Gods that ancient man was wont to worship. Therefore, no visual images can ever be employed in prayer and religious devotions.

— Rabbi Boteach (16)

One wonders what will happen to the great works of art produced by the West — the ceiling of the Sistine chapel, the Madonnas of the Italian masters, the religious statuary — during the Jewish millennium? Will Judaism destroy those works of art, those "idols"? Though Rabbi Boteach is silent on the issue, the implication is worrisome.

[ Image: 'Creation of Man' by Michelangelo ]
    
Creation of Man by Michelangelo di Lodovico Buonarroti Simoni, 1508-12, Fresco, Cappella Sistina, Vatican.
      

We need to understand that Rabbi Boteach is well positioned and not at all a "loose cannon." Judaism for Everyone was published by Basic Books, and his Kosher Sex was published by Doubleday. The flyleaf of Judaism for Everyone indicates thirteen published works by Rabbi Boteach. According to the dust jacket, "In 2000, he became the first Rabbi ever to win the highly prestigious London Times Preacher of the Year Award, garnering more points than anyone in the competition's history."

Rabbi Lapin Loves Christianity

Rabbi Daniel Lapin is a radio talk show host, lecturer, President of Toward Tradition, and the author of America's Real War (published in 1999). Rabbi Lapin says he is an ally of the Christian right, and he is a favorite speaker of organizations such as Concerned Women for America.

In America's Real War, Rabbi Lapin says there is a real war is between those who want a secular nation and those who stand for "a spiritual America." (25) Rabbi Lapin's book is clearly intended to be read by right-wing Christians. Here, Rabbi Lapin states that he is deeply puzzled by Jewish organizations that engage in anti-Christian bigotry.

Although many of them were founded explicitly to fight bigotry, and for many years did just that, today the shrill rhetoric and hate-filled propaganda found in their direct mail is discriminatory and divisive … God's blueprint clearly included the emergence of Christianity. After all, Christianity has brought monotheism to more people than any other force during the past two millennia.

— Rabbi Lapin (page 12) (26)

As an Orthodox rabbi, I will make a compelling case for America as a Christian nation and the need for our nation to be based on Judeo-Christian ethic in order to survive.

— Rabbi Lapin (page 14) (26)

Rabbi Lapin entitles Chapter Six of America's Real War, "The Curious Rise of Anti-Christianism." He informs his readers that the American Jewish Committee (AJC) and the Anti-defamation League (ADL) have attacked the Christian Right because the Christian right attacks homosexuality. He makes common cause:

"For over three thousand years, Jewish tradition and Jewish law have been unambiguous about homosexuality. It is a sin." This is not quite true — Judaism permits homosexuality provided the passive partner is under nine years of age. Consenting adults are given the death penalty. See Sex with Children by Talmud Rules

According to his own words, Rabbi Lapin spent "many years of study at the theological academy (or yeshiva) of Kfar Hassidim in Israel." (39) He comes from a family of rabbis. His two brothers are rabbis. His father was a rabbi, his uncles and cousins taught Talmud at the Gateshead Talmudic Academy in England; (28) he is a disciple of his great uncle Rabbi Eliyahu Lapian, whose works are in the Chabad Lubavitch library in Brooklyn, New York. (40) See the biography of Rabbi Eliyahu Lapian at the Union of Orthodox Jewish Congregations of America ("Orthodox Union") web site. (69)

In light of his background, Rabbi Lapin must know the Talmud is anti-Christian. The rise of anti-Christianism could not be "curious" to him. See, for example, the Jewish attitudes and laws concerning Gentiles discussed in What About Gentiles? (67)

In Chapter Thirty-Two, "Sex Is Everyone's Business," Rabbi Lapin mentions the Noahide Laws:

Known collectively as the Seven Laws of the Sons of Noah, these laws are indispensable for the survival of any human society. One of the seven establishes courts of law. Another rejects homosexuality as a valid lifestyle.

— Rabbi Lapin(27)

We have already seen the Soncino Talmud translation of the Noahide Laws, and there is no mention of homosexuality.

GEMARA. … Our Rabbis taught: seven precepts were the sons of Noah commanded: social laws; to refrain from blasphemy, idolatry; adultery; bloodshed; robbery; and eating flesh cut from a living animal …

— Babylonian Talmud, Tractate Sanhedrin 56a
Soncino 1961 Edition, pages 381-382

We wonder which of these Rabbi Lapin is interpreting as a prohibition of homosexual lifestyle. Could he have arrived at the prohibition through exegesis? (See Israel's "One Indigenous Science".)

Like Rabbi Boteach, Rabbi Lapin does not mention the landmark 1991 Congressional declaration concerning the Noahide Laws, and he does not mention every Christian who practices his faith will suffer the death penalty.

If Rabbi Lapin sincerely wants Christianity to survive, we cannot help but notice:

1. Rabbi Lapin is a heretic to Judaism, and
2. Rabbi Lapin is overwhelmingly negligent: he promotes the Noahide laws when he should be warning Christian that the Noahide system will spell the end of Christianity.

A Stumbling Block

Rabbi Lapin mentions the Jewish prohibition against putting a stumbling block before the blind:

… this law simply prohibits us from deriving economic benefit from information that we have deliberately withheld for another. In other words, do not "trip" up someone economically after you have made him "blind" — Feeling assured that your colleague is not concealing material information from you certainly makes it more likely that you would trade with him. Thus we see that part of the Jewish contribution to the world has always included "filling in the blanks."

— Rabbi Lapin(29)

We cannot explain why Rabbis Boteach and Lapin have omitted the vital information about the enforcement of the Noahide Laws while promoting them as a panacea to humankind. The enforcement clause of any set of laws is essential to their workability, and is always vitally interesting to anyone studying them. Failing to provide that vital data about enforcement the Noahide Laws may well qualify as putting "a stumbling block before the blind."

It may be that the rabbis are embarrassed about the Talmud prescribing decapitation for recalcitrant Noahides — decapitation is, after all, old fashioned. If, however, Jewish leadership has other plans for the punishment of Christians, it would be best to disclose them. We clearly prefer the principles of openness and full disclosure that Rabbi A. James Rudin, Senior Interreligious Advisor recommends to the Vatican. On the Vatican's decision to partially open its wartime archives, Rabbi Rudin states:

… one thing is clear. Partial, incomplete or pre-selected archival records will not be enough in a world where transparency and full disclosure is now the norm if an institution — whether political, financial or spiritual — is to maintain its integrity. What is needed now is for the Vatican to fully open its World War II records.

— Rabbi Rudin (41)

But even more importantly, the omission of vital information about the death penalty provisions of the Noahide Laws prevents us from learning about each others' faiths. Recall that this website was inspired by the Very Rev. the Chief Rabbi of United Hebrew Congregations, Jonathan Sachs. Rabbi Sachs' declared goal is to improve religious tolerance worldwide.

Rather than find fault with the efforts of Rabbis Boteach and Lapin to teach the public about the Noahide Laws, let us help them to fill in the information gaps. Print out a copy of this article and give it to your Christian friends, your ministers, and anyone of good faith who sincerely loves the Bill of Rights. Download a copy of this web site to your own disc, make CDs, and put them in the hands of responsible organizations throughout the country.

Further distribution suggestions are to be found on the Download page. (5)

For more information on the Noahide Law popularizers and advocates, see Merry Christmas, and Off with Your Head! (37) and The Noah's Covenant Web Site (48) An Internet search engine will bring up many other references as well, using all the alternate spellings.

Thank you for your consideration of the above,
Carol A. Valentine,  Ear@Come-and-Hear.com
July 14, 2003 ( This article is on line at http://www.come-and-hear.com/editor/america_1.html )
 

NEXT:   New America 2: Sex with Children by Talmud Rules
 

Endnotes:

This and other Come and Hear™ Studies on Talmudic Judaism can be found online:

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The Jewish Religion: Its Influence Today by Elizabeth Dilling, complete with all 300 exhibits, can be found online:

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Soncino Babylonian Talmud tractates, with Forewords, Introductions, Glossary, List of Abbreviations, and footnotes. Now you can study the Babylonian Talmud in full context and with the running commentary of the finest scholars of Judaism:

Tractate Berakoth: http://www.come-and-hear.com/berakoth

Tractate Shabbath: http://www.come-and-hear.com/shabbath

Tractate Yebamoth: http://www.come-and-hear.com/yebamoth

Tractate Kethuboth: http://www.come-and-hear.com/kethuboth

Tractate Nedarim: http://www.come-and-hear.com/nedarim

Tractate Nazir: http://www.come-and-hear.com/nazir

Tractate Sotah: http://www.come-and-hear.com/sotah

Tractate Gittin: http://www.come-and-hear.com/gittin

Tractate Baba Kamma: http://www.come-and-hear.com/babakamma

Tractate Baba Mezi'a: http://www.come-and-hear.com/babamezia

Tractate Baba Bathra: http://www.come-and-hear.com/bababathra

Tractate Sanhedrin: http://www.come-and-hear.com/sanhedrin

Tractate Abodah Zarah: http://www.come-and-hear.com/zarah

Tractate Horayoth: http://www.come-and-hear.com/horayoth

Tractate Niddah: http://www.come-and-hear.com/niddah

Tractate Tohoroth: http://www.come-and-hear.com/tohoroth

Search the Talmud http://www.come-and-hear.com/tindex.html

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---

Appendix: Why Christianity Makes Jews Uncomfortable

Here are the "Ten Essential Differences" that make Jews uncomfortable about Christianity, according to Rabbi Shmuley Boteach (see Judaism for Everyone, pages 403 through 412). In Judaism for Everyone, each point is followed by a short essay explaining the issue. The point headings are copied verbatim from the book and appear in italics. The supporting comments are summarized in the Come and Hear™ editor's own words, or in a phrase excerpted from the essay.

1. Judaism Conceives of God as an Absolute Unity. (No Father, Son, and Holy Ghost.)
2. For Jews, the Belief That God Can Be Human Is the Ultimate Heresy. (No Jesus, no icons, no Crucifix.)
3. Jews Do Not Believe in Original Sin and the Fall of Man, a Cornerstone of Christian Faith. (Judaism believes man is born innocent.)
4. In Judaism, the Messiah Has a Political and Physical Role, Not a Spiritual One. (The real Messiah establishes Jewish political autonomy, restores the Jewish monarchy, gathers the Jewish exiles from the Diaspora, and rebuilds the Temple.)
5. To Christians, Jesus Was the Messiah, or Christ, Predicted by the Prophets of the Bible and Awaited by the Jews. (The Messiah will not be the Son of God, but human.)
6. Jews Believe the Covenant Between God and the People of Israel Embodied in the Hebrew Scriptures to Be Eternally Valid. (The land of Canaan belongs to the Jews. New Testament teachings are unacceptable.)
7. Christianity is Oriented Toward the Next World, Judaism toward This World. ("Judaism is oriented towards this world and steadfastly promotes the idea that that man's purpose is to perfect the world and bring Godliness to an otherwise un-Godly planet.")
8. In Contrast to Judaism, Christianity Advocates an Intermediary between God and Man. (Rabbi Boteach does not explain the role of the Talmudic Sages who reveal the very Word of God. See Critical Words More Critical Words. Nor does he explain the role of Moses, the prophets of the Old Testament, or the rabbis who interpret the Talmud/Torah. In Judaism, intermediaries happen.)
9. Historically, Jews have Been the Objects of Christian Missionary Activities. (See The 613 Commandments, numbers 37 through 41, which command Jews "Not to love the missionary," "Not to cease hating the missionary," "Not to save the missionary," "Not to say anything in his defense," "Not to refrain from incriminating him.")
10. Judaism is based on God's revelation to and Covenant with the People. ("Judaism is predicated on the belief of a collective divine revelation at the foot of Mount Sinai to the entire assembled House of Israel … Christianity, in contrast, is predicated on the teachings of a single man/deity as revealed to the apostles." Of course, God spoke only to Moses on Mt. Sinai, and the conversations at the foot of Mount Sinai were between Moses and "the entire assembled House of Israel;" and Jesus spoke not just to the apostles, but to everyone who would listen …)

    

Footnotes:   Full specifics for each of the printed sources are provided in the Bibliography. Outside URLs were valid at the time this article was written. However, be mindful that URLs do change.

1. Joint House Resolution 104 Public Law 102-14, Final Version: http://thomas.loc.gov/cgi-bin/bdquery/z?d102:HJ00104:|TOM:/bss/d102query.html cached at http://www.come-and-hear.com/editor/pl-102-14-1991 . See also "Bill Summary and Status" at http://thomas.loc.gov/cgi-bin/bdquery/z?d102:HJ00104:@@@L&summ2;=m& cached at http://www.come-and-hear.com/editor/pl-102-14-1991/summary-and-cosponsors.html . History of similar bills passed in the US Congress since 1975 available at http://www.Come-and-Hear.com/supplement/noahide, researched by Linda Abrams. See also footnote (4)
2. Image: Ukrainian Archive: http://www.ukar.org/gore10.shtml
3. Everyman's Talmud, page 153
4. Readers interested in researching the Noahide Laws should note the word "Noahide" is spelled variously as "Noahide," "Noachide," "Noachian," "Noachite," and in other ways as the Hebrew is freely transliterated. A detailed examination of the Noahide Laws can be found at http://www.public-action.com/christmas.html
5. Download page: http://www.come-and-hear.c../download.html
6. Judaism for Everyone, page 401
7. Ibid, pages 403-404
8. Ibid, page 280
9. Ibid, pages 284-285
10. Ibid, page 410
11. Ibid, page 1
12. Ibid, page 284
13. Ibid, page 400
14. Ibid, page 182
15. Ibid, pages 404-405
16. Ibid, page 405
17. Ibid, page 406
18. Ibid, page 393
19. Ibid, page 411
20. Ibid, page 93
21. Ibid, page 92
22. Ibid, pages 92-93
23. Babylonian Talmud, Tractate Sanhedrin 53a, page 359 available in Come and Hear™ hypertext at Sanhedrin 53a
24. "About the Museum of Tolerance," A Simon Wiesenthal Center Museum, SWC Family of Web Sites, http://www.museumoftolerance.com/mot/about/index.cfm
25. America's Real War, dust jacket
26. Ibid, pages 12-14
27. Ibid, page 201
28. Ibid, page 11
29. Ibid, page 129
30. Ibid, page 402
31.   To a Biblical literalist, Rabbi Boteach's position ("the Belief That God Can Be Human Is the Ultimate Heresy") may raise some eyebrows: Didn't God appear as a "flame of fire out of the midst of a bush" (Exodus 3:2), didn't he "walk" in the Garden (Genesis 3:8), sit on a "throne" (Psalm 47:8), use a "footstool" (Psalm 99:5), write with a "finger" (Exodus 31:18), wrestle all night with Jacob as "a man" (Genesis 32:24), come "face to face" with Jacob (Genesis 32:30), help people with "a mighty hand" (Deuteronomy 7:19), stretch out his "arm" (Deuteronomy 5:15), listen with "ears" to Samuel (1 Samuel 8:21), "smell the sweet savour" of burnt offerings (Genesis 8:21), open his "lips" (Job 11:5) and speak with a "voice" (Genesis 3:8) and a "mouth" (1 Kings 13:21)? Didn't God create Man "in his own image" (Genesis 1:27)? If these statements are true, taking on the form of a man would not be impossible.
32. • Amaleks, http://www.jewishtribalreview.org/amalek.htm cached at http://www.come-and-hear.com/supplement/br-amalek.html
    • In His Own Image http://www.come-and-hear.com/supplement/ot-select.html
33. See Holy Atrocities and Judaism "Appendix B: Mishnah of Sanhedrin 111b" at http://www.come-and-hear.com/editor/br_1.html#appendix_b or in context with footnotes at http://www.come-and-hear.com/sanhedrin/sanhedrin_11.html#111b
34. Jesus' Membrum in the Talmud is available at http://www.come-and-hear.com/editor/censorship_2.html
35. The Jewish Religion: Its Influence Today by Elizabeth Dilling is available on-line at http://www.come-and-hear.com/dilling
36. What We're About is available at http://www.come-and-hear.com/editor/about.html
37. For more information on the Noahide Laws, see Merry Christmas, And Off With Your Head! available at http://www.Public-Action.com/christmas.html
38. Giotto di Bondone 1266-1337 Crucifix 18ft 11in x 6ft 7in tempera on panel Santa Maria Novella, Florence about 1292
39. We were unable to locate a yeshiva or theological seminary in or called "Kfar Hassidim," or mention thereof in any publication on the Internet. We were, however, able to find Kfar Chabad, the Chabad-Lubavitcher village in the Lod Valley that contains a school for boys. (http://www.chabadnews.us/gallery/Page_0006/0006.htm) Perhaps a curious reader will have better luck.
40. Chabad-Lubavitch Library of Brooklyn N. Y.: "volume no: 4053, location: 2-L, Lev Eliyahu, A Collection of Talks, by: Lopian, Eliyahu, Jerusalem ,1975, 8. xli, 330 p." http://www.chabadlibrary.org/ecatalog/EC04/EC04053.HTM
41. "While the Messiah Tarries," by Rabbi A. James Rudin, Forward, February 22, 2002: http://www.forward.com/issues/2002/02.02.22/oped2.html cached at: http://www.come-and-hear.com/editor/forward.
42. "Jewish Identity - The concept of a chosen people - 8 May 2001 [Unedited verbatim transcript]," The Website of the Chief Rabbi, http://www.chiefrabbi.org/faith/identity.html cached at http://www.come-and-hear.com/editor/na-sacks-noahide
43. Explanation of Kabbalah, see The Lurianic Kabbalah, Ein-Sof: http://www.newkabbalah.com/einsof.html cached at http://www.come-and-hear.com/editor/cp-ein-sof
44. "Jewish law institute launched in DC," Jerusalem Post, November 9, 2002, http://www.jpost.com/servlet/Satellite?pagename=JPost/A/JPArticle/ShowFull&cid;=1036830287246, now moved to http://pqasb.pqarchiver.com/jpost/index.html?ts=1042784008 cached at http://www.come-and-hear.com/editor/cp-jp-11-09-2002
    See also footnote 45
45. "Jewish Law Comes to D.C.," The Jewish Week, 12/06/2002, http://www.thejewishweek.com/news/newscontent.php3?artid=7074%20 cached at http://www.come-and-hear.com/editor/cp-jw-01-08-03
46. "Foreword," Everyman's Talmud, page xvii
47. The Indestructible Jews by Max Dimont. The Dimont quote is printed on the dust jacket. Ben Gurion is quoted on page 337
48. Merry Christmas, and Off with Your Head! is found at http://www.Public-Action.com/christmas.html
    Jews and Hasidic Gentiles — United to Save America is found at http://www.noahide.com/
    and the seven Laws (The Seven Universal Laws) are found at http://www.noahide.com/7laws.htm
49. Critical Words of Talmud Study is available at http://www.come-and-hear.com/editor/critwords_1.html
50. Israel's "One Indigenous Science" is available at http://www.come-and-hear.com/editor/exegesis.html
51. Babylonian Talmud, "Foreword," Seder Nezikin, Vol. I, page xxii available at http://www.come-and-hear.com/talmud/nezikin_h.html#xxii
52. Jew vs. Jew, page 338.
53. "Dennis Prager," Dennis Prager, http://www.dennisprager.com
54. "The Supreme Chutzpah," by Jack Achiezer Guggenheim, Jewish Law, http://www.jlaw.com/Commentary/SupremeChutzpah.html cached at http://www.come-and-hear.com/editor/na-chutzpah
55. "Jewish Law and the Supreme Court: Happy Millennium From an Ancient Legal Tradition," Project Next Step by Rabbi Yitzchok Adlerstein, http://projectnextstep.org/adlerstein-articles/jewish-law-supreme-court.htm cached at http://www.come-and-hear.com/editor/cp-adlerstein2
56. URL of this article: http://www.come-and-hear.com/editor/america_1.html
57. "Jews and the Death Penalty," The Jewish Journal, by Rabbi Yitzchok Adlerstein, director of the Jewish Studies Institute of Yeshiva of Los Angeles and chair of Jewish Law and Ethics at Loyola Law School: http://www.jewishjournal.com/old/deathpenalty2.3.10.0.htm cached at http://www.come-and-hear.com/editor/cp-adlerstein
58. Rabbi Boteach tells of a meeting he had with Rabbi Schneerson. "When I emerged from his office I felt filled with hope for the first time in my life. That very night, I decided to leave my Jewish day school and enter a rabbinical seminary." Judaism for Everyone, Preface, page xii
59. Sefer Yezirah is on line at Come and Hear™ at http://www.come-and-hear.com/supplement/sephir.html
60. Elizabeth Dilling's comments on the Sefer Yezirah in The Jewish Religion: Its Influence Today are available at http://www.come-and-hear.com/dilling/chapt06.html#Sefer_Yetzirah
61. Jesus is reported to have said that he came to uphold the Law (Matthew 5:17-20). However, a review of In His Own Image and Holy Atrocities and Judaism provokes a question: What were those Old Testament Laws that Jesus came to uphold? ("In His Own Image" is available at http://www.come-and-hear.com/supplement/ot-select.html, and Holy Atrocities and Judaism at http://www.come-and-hear.com/editor/br_1.html)
     
    Some have suggested the Old Testament and the New Testament are not of the same tradition. See Was Jesus a Jew? at http://www.come-and-hear.com/editor/jesus.html and The 45 Questions Most Frequently Asked About the Jews at http://www.come-and-hear.com/supplement/pelley.html
     
    See also the Jeffersonian Bible at http://www.angelfire.com/co/JeffersonBible/ cached at http://www.come-and-hear.com/supplement/jefferson
62. "ADL Letter to Mel Gibson," Anti-Defamation League http://www.adl.org/media%5Fwatch/letter%5Fmel%5Fgibson.asp cached at http://www.come-and-hear.com/editor/sr-adl-gibson
63. Likkutei Sichos 37:198, quoted on Campaign to abolish X-mas celebration by gentiles, http://www.noahide.com/xmas.htm cached at http://www.come-and-hear.com/editor/sr-xmas
64. Mishne Torah — Hilchos Melachim 10:9, as quoted on Campaign to abolish X-mas celebration by gentiles, http://www.noahide.com/xmas.htm cached at http://www.come-and-hear.com/editor/sr-xmas
65. "Libby Pataki Honored by ADL for Her 'Strong and Unwavering' Support of the State of Israel" Anti-Defamation League, New York http://www.adl.org/ny/nyro%5Fpr%5Flpataki.asp cached at http://www.come-and-hear.com/editor/adl
66. US v. Talmud Law is available at http://www.come-and-hear.com/editor/capunish_4.html
67. What About Gentiles? is available at http://www.come-and-hear.com/editor/gentile.html
68. "Zakheim Speaks of U.S. Support for Afghan Reconstruction Plan," Defense Link: American Forces Information Service, Nov. 27, 2002 http://www.dod.gov/news/Nov2002/n11272002_200211274.html
69. "Great Leaders of our People - Rabbi Eliyahu Lapian (1876-1976)," Union of Orthodox Jewish Congregations of America, http://www.ou.org/about/judaism/rabbis/lapian.htm cached at http://www.come-and-hear.com/editor/na-rabbi-lapian
70. Jews often call the Talmud "the Torah." According to many Rabbinical experts, the Talmud is the Word of God, the basic book of Jewish law, and the foundation of Jewish culture. See What Come-and-Hear™ Is About, Critical Words of Talmud Study, and More Critical Words of Talmud Study at http://www.come-and-hear.com/editor/about.html http://www.come-and-hear.com/editor/critwords_1.html and http://www.come-and-hear.com/editor/critwords_2.html respectively.
71. Likkutei Sichos - An Anthology of Talks, by The Lubavitcher Rebbe, Rabbi Menachem M. Schneerson translated by Rabbi Eliyahu Touger, publisher not cited, http://www.eichlers.com/826605079.html cached at http://www.come-and-hear.com/editor/na-likkutei-sichos/
    see also http://www.bookhq.com/compare/082660501X.html
72. "The 613 Commandments," Aish HaTorah http://aish.com/holidays/Shavuot/The_613_Commandments.asp cached at http://www.come-and-hear.com/supplement/the_613_commandments/ For further discussion of the 613 commandments, see What About Gentiles? available at http://www.come-and-hear.com/editor/gentile.html
73. "Anti-Terror Weapon: Off With Their Heads," by Robert G. Williscroft, DefenseWatch "The Voice of the Grunt", http://www.sftt.org/cgi-bin/csNews/csNews.cgi?database=DefenseWatch.db&command;=viewone&op;=t&id;=147&rnd;=25.65647288741485 cached at http://www.come-and-hear.com/editor/na-decapitation/
74. "About," Soldiers for The Truth Foundation, http://www.sftt.org/about.html
75. "Jacko the Child Healer," ABC News, http://abcnews.go.com/sections/us/WolfFiles/wolffiles87.html

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Dedication

Let us — Jews and non-Jews alike — come together and help the Very Reverend Rabbi Jonathan Sacks, Chief Rabbi of the British Commonwealth, in his worldwide mission. Let us try to understand each others' religious faiths (see What We're About). And let us be reminded of the sage advice of Rabbi A. James Rudin, Senior Interreligious Advisor of the American Jewish Committee.

… one thing is clear. Partial, incomplete or pre-selected archival records will not be enough in a world where transparency and full disclosure is now the norm if an institution — whether political, financial, or spiritual — is to maintain its integrity.

— Rabbi Rudin (18)

Without shame, blame, or finger-pointing, let us all adopt Rabbi Rudin's standard as we examine ritual circumcision in the Jewish religion.

*  *  *

Many American male babies are circumcised by medical procedure shortly after birth. However, Orthodox Judaism prescribes circumcision as a religious ritual, to be performed according to strict Talmudic laws. According to those laws, the man who circumcises the infant, the mohel, must suck the infant's bleeding penis with his mouth.

MISHNAH. WE PERFORM ALL THE REQUIREMENTS OF CIRCUMCISION ON THE SABBATH. WE CIRCUMCISE, UNCOVER [THE CORONA], SUCK [THE WOUND], AND PLACE A COMPRESS AND CUMMIN UPON IT. IF ONE DID NOT CRUSH [THE CUMMIM] ON THE EVE OF THE SABBATH, HE MUST CHEW [IT] WITH HIS TEETH AND APPLY [IT TO THE WOUND] …

— Babylonian Talmud, Tractate Shabbath 133a
Soncino 1961 Edition, pages 668-669

GEMARA. … WE SUCK OUT, etc. R. Papa said: If a surgeon does not suck [the WOUND], it is dangerous and he is dismissed. It is obvious? Since we desecrate the Sabbath for it, it is dangerous? — You might say that this blood is stored up, therefore he informs us that it is the result of a wound, and it is like a bandage and cummin: just as when one does not apply a bandage and cummin there is danger, so here too if one does not do it there is danger …

— Babylonian Talmud, Tractate Shabbath 133b
Soncino 1961 Edition, page 672

Mezizah (the practice of orally sucking the bleeding penis with the mouth) is not outmoded or discarded. The photos below were published by the Jerusalem Post Magazine. We have reason to believe the practice has become more frequent since then.

        
— Jerusalem Post Magazine, November 5, 1976 (4)     

The Circumcision Ritual

Circumcision consists of three actions: milah — cutting the foreskin with a knife, peri'ah — ripping the membrane with a fingernail, and mezizah — applying the mouth to the baby's bleeding penis and sucking blood from the wound.

The Jewish Encyclopedia (1906) gives this detailed description:

The operation [circumcision] consists of three parts: "milah," "peri'ah," and "mezizah."
 
Milah: The child having been placed upon a pillow resting upon the lap of the godfather or "sandek" (he who is honored by being assigned to hold the child), the mohel exposes the parts by removal of garments, etc., and instructs the sandek how to hold the child's legs. The mohel then grasps the prepuce between the thumb and index-finger of his left hand, exerting sufficient traction to draw it from the glans, and places the shield (see Fig. 1, next column) in position just before the glans. He now takes his knife and with one sweep excises the foreskin. This completes the first act. The knife (see Fig. 3) most commonly used is double-edged, although one like those ordinarily used by surgeons is also often employed.
 
Peri'ah: After the excision has been completed, the mohel seizes the inner lining of the prepuce, which still covers the glans, with the thumb-nail and index-finger of each hand, and tears it so that he can roll it fully back over the glans and expose the latter completely. The mohel usually has his thumb-nail suitably trimmed for the purpose. In exceptional cases the inner lining of the prepuce is more or less extensively adherent to the glans, which interferes somewhat with the ready removal; but persistent effort will overcome the difficulty.
 
Mezizah: By this is meant the sucking of the blood from the wound. The mohel takes some wine in his mouth and applies his lips to the part involved in the operation, and exerts suction, after which he expels the mixture of wine and blood into a receptacle (see Fig. 4, below) provided for the purpose. This procedure is repeated several times, and completes the operation, except as to the control of the bleeding and the dressing of the wound.
 
         
Implements and Accessories of Circumcision (18th Century) 1. Cup of benediction. 2. Shield. 3. Knife. 4. Spice-box. 5. Tape. 6. Cotton and Oil. 7. Sand. 8. Powder.     Modern Implements of Circumcision 1. Shield. 2. Mouthpiece. 3. Knife. 4. Cup for Mezizah.    

— Jewish Encyclopedia (13)

Mezizah Infects Babies with Syphilis — Reported 1906

In 1906, The Jewish Encyclopedia acknowledged that mezizah was "entirely in conflict with the antiseptic treatment of wounds," and that a "a large number of Jewish children" had been infected with syphilis from contact with one mohel's mouth:

Considerable opposition has of late years been made against the mezizah on the ground that it is entirely in conflict with the aseptic treatment of wounds, which should be adhered to in all instances, but more especially in consequence of a case in Cracow in which it became known that syphilis was communicated to a large number of Jewish children through an infected condition of the mohel's mouth (Glassberg, "Die Beschneidung," p. 27). The result has been that a number of mohels have discarded the mezizah altogether. The majority of Jews, however, remain averse to such an innovation, the more so because it is condemned by the Orthodox rabbis.

— Jewish Encyclopedia (12)

Mezizah Infects Babies with Tuberculosis — Reported 1913

In 1913 in New York, a three-month-old infant was admitted to the Babies and Children's Hospital. The child lived 16 days before expiring of massive tuberculin infection that had spread through his body. History of the disease and post mortem examination revealed that the infection had been contracted from the mohel during circumcision. The writer, Dr. L. Emmett Holt, was Professor of Diseases of Children at Columbia University in New York.

When eight days old the operation of ritual circumcision had been performed, the blood being sucked up in the usual manner. The wound did not heal properly …

— L. Emmett Holt, M.D. (15)

After a detailed account of the child's suffering through the course of the disease and his death, the author observes:

A search through the medical literature brings to light a considerable number of examples of tuberculosis spread by means of ritual circumcision. In all I have collected with the assistance of Doctors Alan Brown and Stafford McLean, references or reports more or less detailed of forty other cases. These are of sufficient interest to make brief summary desirable.

— L. Emmett Holt, M.D. (15)

And thereafter Dr. Holt lists a number of medical journal articles from 1888 through 1909 citing 41 cases of infantile tuberculosis caused by circumcision. Cases included the following:

KOLIZEW'S CASES: Seven cases of tuberculosis of the penis are reported following circumcision by a rabbi suffering from tuberculosis. Two patients died; two made partial recovery; two were lost sight of, and one recovered. In only one of the families was there tuberculosis. Arluck and Winocouroff state that this report led to a movement of far-reaching social effect for the reformation of the performance of ritual circumcision.

— L. Emmett Holt, M.D. (15)

LEHMANN'S CASES: Ten children with almost identical symptoms infected by the same operator. The operator subsequently died of tuberculosis. The wound was sucked in the usual manner. The early signs were similar — irregular, grayish preputial ulcers which gradually extended. After two or three weeks there was swelling of the inguinal lymph-nodes which is most cases suppurated. No microscopic examinations were made, the diagnosis resting on the clinical symptoms.

— L. Emmett Holt, M.D. (15)

Dr. Holt concludes as follows:

While the number of reported instances of tuberculosis acquired through circumcision is considerable there must be a much larger number that have never found their way into literature. It is certain also that syphilis has been spread in this manner. These facts lead me to emphasize the statement made by the late Professor Maas, the German surgeon, that "it is the duty of physician to raise his protest against the performance of ritualistic circumcision in every case."

— L. Emmett Holt, M.D. (15)

Practice Continues — Reported 1959 by Chief Rabbi

Despite the documentation of the spread of syphilis and tuberculosis in the early 20th Century, the practice of the mohel applying his mouth to the baby's bleeding penis and sucking blood continued. This fact is verified by no less than the Chief Rabbi of the British Commonwealth, the Very Reverend the late Lord Immanuel Jakobovits. Rabbi Lord Jakobovits had a lifelong interest in medicine, and is know as "the father of Jewish medical ethics." In his book, Jewish Medical Ethics: A Comparative and Historical Study of the Jewish Religious Attitude to Medicine and Its Practice (published in 1959), he describes the circumcision ritual as follows:

The method to be adopted is laid down thus: 'One excises the foreskin, [that is] the entire skin covering the glans, so that the corona is laid bare. Afterwards, one tears with the fingernail the soft membrane underneath the skin, turning it to the sides until the flesh of the glans appears. Thereafter, one sucks the membrane until the blood is extracted from the [more] remote places, so that no danger [to the infant] may ensue; and any circumciser who does not carry out the sucking procedure is to be removed [from his office].' … The operation itself, then, consists of three distinct acts: the excision of the prepuce; the laceration of the mucous membrane covering the glans; and the sucking of the blood from the interior of the wound.

— Rabbi Lord Jakobovits (1) (emphasis added)

Rabbi Lord Jakobovits, an Orthodox Jew, wrote those words in 1959, confirming the continued use of the Orthodox practice. But despite documented history that mezizah had spread deadly diseases, this medical ethicist called for the dismissal of any mohel who would not perform mezizah: "any circumciser who does not carry out the sucking procedure is to be removed."

"They've Stopped Doing It …"

In 1985, Rosemary Romberg writes:

Mezizah — Hebrew term for the third step in the Jewish circumcision ritual, in which the mohel applies his mouth to the freshly circumcised infant's penis and sucks up the first drops of blood. In more recent times this procedure has been carried out via a tube, as infections, venereal disease, and tuberculosis, sometimes resulting in the death of the infant, have occurred due to contamination of the wound.

— Rosemary Romberg (5)

In 2002, Lonnie Morris, a practicing female mohel ("mohelet"), states:

Little old men used to come to your home and suck the blood out of the penis with their mouths. Then they started using a glass tube. They thought if they took the blood out it would bleed less and feel better. Because of AIDS, they stopped doing things like that.

— Lonnie Morris (6)

Ms. Romberg and Ms. Morris are correct about the health hazards, but they are implying that Orthodox Jews no longer practice their religion. Perhaps they are unfamiliar with the triumph of Orthodoxy among American Jews. If so, Samuel J. Freedman has news for them.

In the struggle for the soul of American Jewry, the Orthodox model has triumphed.

— Samuel G. Freedman (7)

The practice of circumcision is of paramount importance in Orthodox Judaism.

MISHNAH. … GREAT IS CIRCUMCISION, SINCE BUT FOR THAT, THE HOLY ONE, BLESSED BE HE, WOULD NOT HAVE CREATED THE UNIVERSE…

— Nedarim 31b

MISHNAH. … AZARIAH SAID: THE FORESKIN IS LOATHSOME, SINCE IT IS A TERM OF OPPROBRIUM FOR THE WICKED, AS IT IS WRITTEN, FOR ALL THE NATIONS ARE UNCIRCUMCISED.

— Nedarim 31b

And the practice of mezizah is basic to Orthodox circumcision.

Political Forces Behind Orthodox Ritual

Chabad Lubavitch is a sect within Judaism known for its aggressive proselytizing to revive traditional Orthodox practices among fellow Jews. The most revered Lubavitch leader of recent years is the late Rabbi Menachem Mendel Schneerson (1902-1994). The influence of Rabbi Schneerson and Chabad Lubavitch can be deduced from the following facts:

• In 1994, Rabbi Schneerson ("the Rebbe") was awarded the Congressional Gold Medal. The American Israel Numismatic Association describes Rabbi Schneerson's influence as follows:

  No Jew falls outside the Rebbe's embrace. And the Rebbe falls within the embrace of most every Jew in Israel. His picture hangs in the windshields of cab drivers, behind the counters of street corner pubs and fast food stands; his visage is tucked in the corner of barber shop mirrors, selflessly gazing back at patrons as they vainly examine their newly coiffed hair. School children know that the Rebbe remembered their birthdays, and expectant mothers carry his picture with them to the hospital, to assure the welfare of their newborns and of themselves.

  — American Israel Numismatic Association (2)

• In his lifetime, Rabbi Schneerson's birthday was remembered by Presidential declarations, Congressional resolutions, and public laws. (8) In 1991, the Congressional resolution honoring Schneerson's birthday was made Public Law 102-14; in the preamble, Congress declared that the Talmudic Noahide Laws are the basis "upon which our great Nation was founded." (See America's New Government Church)
• Contemporaneously, Chabad Lubavitch enjoys the support of many influential political luminaries, including Sen. Joseph Lieberman (D-Connecticut), a possible candidate for US presidency, former White House press secretary Ari Fleischer, Senate Armed Services Committee Ranking Democrat, Sen. Carl Levin (D-Mich.), the Assistant Secretary of Defense, Paul D. Wolfowitz, the Comptroller of the US Department of Defense, Dov Zakheim (an ordained Orthodox rabbi), and Stuart Eizenstat, former Deputy Treasury Secretary. (19)
• Schneerson's disciple, Chabad Lubavitch Rabbi Noson Gurary is the founder of the National Institute for Judaic Law. The stated purpose of the Institute is to integrate Talmudic law into US law and society (see Capital Punishment). In November 2002, Rabbi Gurary arranged to hold the kick-off dinner for the Institute in the U.S. Supreme Court Building, serving kosher food for 200 people, including three U.S. Supreme Court Justices. (9)

Chabad Lubavitch is rigorous in its orthodoxy, in circumcision and other matters.

Rabbi Schneerson on Circumcision

Rabbi Schneerson takes the Orthodox view of circumcision. In the following excerpts, we get a picture of some of his views.

Circumcisions are performed on newborns without any anesthesia. Does the baby feel pain when he is cut? Rabbi Schneerson explains that pain is part of the package, and that the baby's pain is due to his ignorance of the benefits of the mitzvah (commandment).

[Another aspect of circumcision which relates to the totality of our Jewish practice is that it involves some pain for the child;] the child cries. It is true that he is crying because of his lack of understanding … he does not know that the intent is only to release 'the blood of the covenant,' [a small amount of blood], not more. When he grows older, he understands these matters.

— Rabbi Schneerson (10)

In this excerpt, Rabbi Schneerson indicates that circumcision is equivalent to all the commandments.

The circumcision is the first mitzvah which Avraham, our Patriarch, the first Jew, was commanded to perform. Similarly, the circumcision is the first mitzvah performed with every Jew from the time of his birth. Thus [it can be assumed] that the mitzvah of circumcision reflects the totality of the Torah and its mitzvos, as indicated by Nedarim 32a, which states: "Great is circumcision, for it is equivalent to all the mitzvos of the Torah."

— Rabbi Schneerson (10)

Let us revisit the Talmud doctrine that Rabbi Schneerson supports:

MISHNAH. WE PERFORM ALL THE REQUIREMENTS OF CIRCUMCISION ON THE SABBATH. WE CIRCUMCISE, UNCOVER [THE CORONA], SUCK [THE WOUND], AND PLACE A COMPRESS AND CUMMIN UPON IT. IF ONE DID NOT CRUSH [THE CUMMIM] ON THE EVE OF THE SABBATH, HE MUST CHEW [IT] WITH HIS TEETH AND APPLY [IT TO THE WOUND] …

— Babylonian Talmud, Tractate Shabbath 133a

Denial That Mezizah Spreads Disease

Now comes the denial of the hazards of mezizah. Let us examine extracts from Kovetz Minhagim — An Anthology of Chabad-Lubavitch Customs. These extracts are available at Sichos in English. (3)

Suction by Mouth

Suction must be done only by mouth (and this poses no danger of disease, G-d forbid). Experience tells us that we have been doing the suction by mouth for thousands of years, and no sickness was ever caused by it (G-d forbid). One who wishes to change this practice bears the burden [of proof that it is necessary and proper], and children should not be given to him to circumcise. One who keeps a mitzvah will know no evil occurrence.

— The Rebbeim of Lubavitch (3) (emphasis added)

Notice these words: Experience tells us that we have been doing the suction by mouth for thousands of years, and no sickness was ever caused by it (G-d forbid). This is not true, of course, as documented by The Jewish Encyclopedia in 1906 and by Dr. Holt in 1913. The Rebbeim of Lubavitch simply choose to ignore the facts of the danger to public health. However, the Rebbeim make one exception to the mezizah rule: If sucking the penis with his mouth will cause the mohel to lose his job, he may use a tube. The professional position the mohel stands to lose if he doesn't suck is not specified.

Suction Using a Tube

When it is unavoidable (i.e., if he does it by mouth he will be dismissed from his position) the suction may be done through a glass tube. Some insert cotton wool into the tube and suck through the cotton. The reason for inserting the cotton is that it aids sterility and prevents the passage of bacteria. What I mean is that some cotton is inserted into the tube in such a way that it does not interfere with the vacuum caused by the mouth of the person doing the suction, and the blood passes through the sterile cotton.

— The Rebbeim of Lubavitch (3)

But wait! We have just been told that "no sickness was ever caused by it" — why now the concern for "the passage of bacteria"?

Less Than Full Disclosure

Recall the goal Chief Rabbi Jonathan Sacks: We should find out about each others' faiths. Recall the standard of Rabbi A. James Rudin: Institutions that wish to maintain integrity must make transparent and full disclosure. What steps are the advocates of Orthodox Judaism taking to realize these principles?

Consider the description given at circumcision.net. (23) The domain is registered to "Heber Levi, Mohel." (24) The web page displays the cover of Kovetz Minhagim (as shown below), leading the reader to believe mohel Levi follows the laws of the Talmud and Chabad-Lubavitch.

INDEX    
Home
Ritual Circumcision
Almost Painless
A Jewesh Legacy
Adult Circumcision
Blessings
A Great Mitzvah
F.A.Q.
The Proper Time
Who and How
Customary Procedurs
Circumcision Insights
Honorees at Bris
Chabad Customs
Bris Photo Tour 1
Bris Photo Tour 1
Comments           
    
The book cover of Kovetz Minhagim as it appears on the circumcision.net web site. Spelling errors/typos unchanged from original. (Cached Feb. 2003)(22))    

Let's check it out. The second item in the menu is "Ritual Circumcision." We cached that article in February 2003. While Mohel Levi states that "suction" is applied to the baby's wound, he does not tell how suction is applied; he then states the ritual consists of two parts, in contrast to the three parts in The Jewish Encyclopedia description (milah, peri'ah, and mezizah). And the part he omits is — mezizah.

The technique used is unique and has been approved and recommended as being based on sound surgical principles by many physicians. A "Mohel" (the Hebrew word for the person who performs ritual circumcision) is a master surgeon in his particular area of expertise. The process itself takes less than 30 seconds during which the "Mohel" first recites a Hebrew blessing, then amputates the foreskin with a sterilized scalpel, quickly splits the mucous with (disinfected) thumbnails, applies suction, and completes the procedure by bandaging the wound. The essential procedures of the ritual circumcision are 1) the removal of the prepuce and 2) the splitting and peeling back of the mucus surface, thus exposing the glands penis.

— Mohel Heber Levi (23)

Why Does Baby Cry?

And what of the pain the infant suffers, the pain Rabbi Schneerson says "relates to the totality of our Jewish practice"? Rabbi Schneerson also writes the baby "is crying because of his lack of understanding … he does not know that the intent is only to release 'the blood of the covenant'." Mohel Heber Levi, however, states circumcision "should not cause any pain in a newborn," (20) for the following reasons:

• No flesh or muscle is cut at all, only skin.
• The infant's nerves are not fully developed on the eighth day.
• The knife is so sharp, the cut is not felt.
• The infant cries only because his diaper is open and he is uncovered.

Ironically, the document wherein Rabbi Schneerson writes of the pain of circumcision appears on mohel Heber Levi's very website.

Surgical Principles

Mohel Heber Levi compares the mohel with a "master surgeon" — and represents that the circumcision technique is based on "sound surgical principles." (23) How many modern-day surgeons would put their mouths on a patient's open, bleeding wound and suck it, or make incisions in a patient's flesh with their fingernails?

Aside from the risk of the mohel infecting the baby, the baby may have an undiagnosed congenital disease passed on to him through his mother's placenta or birth canal. Should that be the case, the infectious disease could be communicated to the mohel, who in turn could communicate it to a number of other babies before the mohel's infection is detected. Since the medium of infection is blood and body fluids, this risk of disease includes hepatitis B and C, syphilis and any of the other sexually transmitted diseases, tuberculosis, AIDS, and a host of more ordinary diseases, such as influenza.

The Orthodox Union

The Union of Orthodox Jewish Congregations of America (Orthodox Union) describes itself as "the largest and most dynamic Jewish movement of its kind in the world; the central address and national spokesman for 1,000 synagogues; a not-for-profit educational, outreach and social service organization which serves the burgeoning North American Jewish community." (41)

Come and Hear™ went to the Orthodox Union's web page on "Jewish Philosophy and Belief." (38) We clicked on "What is Circumcision?" The link took us to the Aish HaTorah web site. (39) Here is the Aish HaTorah/Orthodox Union description of the circumcision ritual.

At a Brit Milah, the mohel removes the baby's foreskin and draws blood from the reproductive organ, after which the baby is given a Jewish name.

— Aish HaTorah (40)

Notice that Aish HaTorah/Orthodox Union does not mention how the blood is drawn from the baby's penis. Neither organization mentions mezizah.

Reform Rabbis Distance Themselves from Mezizah, 1991

Certainly the Central Conference of American Rabbis (CCAR), the organization of Reform Jewish rabbis, recognizes that a baby's congenital diseases can be passed on to a mohel who practices mezizah. CCAR published the following in its 1991 Contemporary American Reform Responsa:

QUESTION: What precautions should a mohel take for his own protection and for the protection of other children in view of the AIDS epidemic? (Mark Cohen, New Orleans LA)
 
ANSWER: As AIDS is transmitted through blood and it is possible that the mohel may injure himself in the process of the circumcision, he should take every precaution possible. There would be no problem about wearing gloves. This would also be in keeping with the tradition (Sefer Haberit #179). The mohel should, of course, always be careful about the cleanliness and sterility of instruments used for the circumcision. It is presumed that our Reform mohalim would use the highest medical standards in their procedures and that there would be no reason to question them on these matters.
 
As we do not perform metzitzah either directly or indirectly and use other methods for seeing to it that the wound is clean and the danger of infection is minimized, we would have no other contact with the blood of the child.

— Central Conference of American Rabbis (28) (emphasis added)

Notice that the first concern of the CCAR is "that the mohel may injure himself in the process of the circumcision". These Reform rabbis do not put the health of the baby first. Nor do they criticize the Orthodox mohels who currently practice mezizah, or warn Jewish parents that the Orthodox ritual still includes this dangerous practice that puts the life and health of Jewish babies at risk.

The Union of American Hebrew Congregations (Reform Jews), writing about the differences between Reform and non-Reform Jews, issues this reminder:

… we must never forget that whether we are Reform, Conservative, Reconstructionist, or Orthodox, we are all an essential part of K'lal Yisrael — the worldwide community of Jewry.

— CCAR President Rabbi Simeon J. Maslin (29)

If there were truly a worldwide brotherhood of Jewry, a real K'lal Yisrael (as expressed in the CCAR statement, above), why wouldn't the Jews who understand the dangers of mezizah tell those who do not understand? A populist might suspect that the worldwide brotherhood of Jewry does not reach down to the Jew on the street, but reaches only as far as the circle of rabbis and mohels.

Father of Jewish Medical Ethics, 1999

In February 1999, the International Conference on Jewish Medical Ethics held its 10th anniversary meeting in Burlingame, California. The event was sponsored by the Stanford University's School of Medicine Division of Pulmonary and Critical Care Medicine and the Institute for Jewish Medical Ethics of the Hebrew Academy in San Francisco. Rabbi Pinchas Lipner, dean of the Institute, is quoted in an article that appeared in the Jewish Bulletin of Northern California. In the following press excerpt, notice that Rabbi Lord Emanuel Jakobovits, the man who served as Chief Rabbi of the British Commonwealth between 1966 and 1991, is being honored as the "Father of Jewish Medical Ethics." Recall that Rabbi Lord Jakobovits is the author of Jewish Medical Ethics. We met Rabbi Lord Jakobovits earlier when he confirmed the Orthodox circumcision ritual involved sucking the baby's bleeding penis with the mouth, and called for the dismissal of any mohel who didn't carry out the procedure.

Looking unflinchingly at today's hot topics in medical ethics has been a prescription for longevity for the International Conference on Jewish Medical Ethics, which marks its 10th anniversary next month.
 
This year is no exception. The conference, which discusses medical ethics through the lens of halachah …
 
Lipner said participants come expecting to dive into current issues 'in an open way and found out the Torah point of view on the subject.'
 
Lord Immanuel Jakobovits, retired chief rabbi of the British Commonwealth, is a featured speaker at this year's conference and will be honored as "the Father of Modern Jewish Medical Ethics."
 
Ya'acov Ne'eman, former Israel Minister of finance, will be attending, as will Ronald Hoffman, a Nobel Prize winner in chemistry from Cornell University …
 
The conference will conclude Monday evening, Feb. 15, with a dialogue between Jakobovits and Hoffman on the struggle between science and religion.
 
Lipner has found that the intermeshing of diverse subjects with physicians from different cultures -- all under the umbrella of Jewish law -- leaves a lasting mark on participants.
 
"I think he biggest complement came from a Muslim physician, from Oman, who works at Oxford. He said he's been all over the world and has never seen 400 physicians studying medical ethics for four days. That just shows our work is paying off."

Joshua Schuster (21)

In the above excerpt, a physician states that the "work" of the International Conference on Jewish Medical Ethics is "paying off." What "work" is paying off? Certainly not the work of social responsibility for public health. Nor the work of protecting the health of Jewish babies. Four hundred Jewish medical doctors and the "father of Jewish medical ethics" spent four days discussing "medical ethics through the lens of halachah." The Conference attendees, then, discussed Jewish law — not modern medicine, hygiene, or the consequent rules of medical ethics. In the Age of AIDS, they ignored the problem.

Let us re-read Rabbi Lord Jakobovits' description of the circumcision ritual:

The method to be adopted is laid down thus: 'One excises the foreskin, [that is] the entire skin covering the glans, so that the corona is laid bare. Afterwards, one tears with the fingernail the soft membrane underneath the skin, turning it to the sides until the flesh of the glans appears. Thereafter, one sucks the membrane until the blood is extracted from the [more] remote places, so that no danger [to the infant] may ensue; and any circumciser who does not carry out the sucking procedure is to be removed [from his office].' … The operation itself, then, consists of three distinct acts: the excision of the prepuce; the laceration of the mucous membrane covering the glans; and the sucking of the blood from the interior of the wound.

— Rabbi Lord Jakobovits (1) (emphasis added)

The practices of peri'ah and mezizah continue without public controversy. Rabbi Lord Jakobovits' obituary appeared in the London Times on November 1, 1999. You can read it on the web page of the current Chief Rabbi, Professor Jonathan Sacks. There is no mention that Jakobovits issuing any condemnation of mezizah, ever. (25)

Jewish Medical Ethicist Recommends Rum — circa 2003

Rabbi Yitzchok Breitowitz presides over the Woodside Synagogue in Silver Spring, Maryland, and is Professor of Law at the University of Maryland. According to the webpage of the Woodside Synagogue, Rabbi Breitowitz received his rabbinical ordination from the Ner Israel Rabbinical College and a Doctorate in Talmudic Law from Ner Israel in 1992. He is a magna cum laude graduate of the Harvard Law School, and writes and lectures widely on Jewish law and ethics. We found one of his articles, "AIDS: A Jewish Perspective," on the Jewish Law website. Here is what Rabbi Breitowitz says about mezizah:

[Concerning] the HIV virus … A final concern involves circumcision (brit milah). In the Orthodox rite, after making the incision, the mohel actually sucks the wound to draw out blood and promote clotting. Since babies can acquire the virus through their mothers, this creates risks for mohels. The AIDS virus, however, cannot survive a solution of 75% alcohol so a quick swishing of 150 proof rum prior to the sucking will avoid all problems.

— Rabbi Breitowitz (17) (emphasis added)

From such a highly qualified person, this advice seems to be given casually. Rabbi Breitowitz does not cite any scientific studies to back up his claim that rum will kill the AIDS virus when applied as he suggests. Has his recommendation received the endorsement of the National Institutes of Health and the Center for Disease Control? Has the Food and Drug Administration authorized the use of rum for this purpose? On the surface, Rabbi Breitowitz's claim stands unsupported.

We notice that Rabbi Breitowitz expresses no concern for the health of the baby; he is concerned only with the mohel. It is even more likely that a mohel would infect the baby. The blood of the baby enters only the mouth of the mohel — the mouth and digestive tract contain antiseptics (apart from the rabbi's rum). But the saliva from the mohel may enter the baby's bloodstream directly, without intervening antiseptics.

The Public's Right to Know?

Suppose there were an outbreak of disease in America as a result of ritual circumcision — as there was in Cracow (Krakow) or New York in the last century. Would the American public ever hear about it? There is a strong cultural imperative among Jews who live with Gentiles to close ranks. Orthodox Jews are forbidden to take disputes with other Jews to a Gentile court, forbidden to call the police on each other, and according to Talmud law, permitted to kill any among them who inform (see The Talmud Lives for Jews). We have also seen Reform Rabbi Simeon J. Maslin remind Jews that no matter their denominational preference, they are Jews first and last — K'lal Yisrael (Jewish Unity).

Given the disproportionate numbers of Jews in the medical profession and given the political power of Orthodox Judaism, how likely is it that infections caused by the Orthodox circumcision ritual would be publicly acknowledged and handled?

Monitoring Mohels

Mezizah is not simply a matter of private religious belief. It is a practice that endangers the lives of American children. What is the solution to this public health problem? A federal law should be passed requiring all mohels to be registered and licensed with state and federal public health agencies, and subjected to monthly screenings for infectious diseases. The licensing of mohels would be a step toward protecting both Jewish and non-Jewish communities.

As the Jehovah's Witnesses discovered on the issue of blood transfusions, freedom of belief in America does not necessarily guarantee freedom of practice when the life of a child is endangered. American politicians — both Jew and Gentile — should be challenged to take a stand. All persons of good will, no matter what their religious or ethnic background, would surely support laws requiring the monitoring of the health of mohels.

Epilogue — How Odd of God …

The origins of circumcision are lost in antiquity. Male circumcision is depicted in Egyptian tombs 5,000 years ago, while Gairdner refers to evidence that it has its origins long before this in prehistory up to 15,000 years ago.

— Dr. J. P. Warren, Dr. J. Bigelow (26).

The Bible Timeline places LORD God's talk with Abraham about circumcision at 1896, B.C. It seems, however, circumcision as a rite among other ancient people in the Middle East may predated the conversation between LORD God and Abraham by thousands of years. Dr. Gerald A. Larue, professor emeritus of Biblical history and archeology at the University of Southern California, has written a well-researched paper on the subject. (35)

Whatever the truth of the relatives dates, one wonders why LORD God — who after all, made penises — would demand that his children mutilate them. Mutilated penises don't work quite right. It's almost as though LORD God knew what he was doing the first time 'round. The extra skin on the shaft of the penis acts as a sliding device, assisting its smoth passage in the vagina. If American men were in possession of their natural foreskins, the appearance of vagina lubricants on drug store shelves might be far less common. Learn the facts by visiting the following URLs:

• National Organization to Halt the Abuse and Routine Mutilation of Males: http://www.noharmm.org/
• Circumcision Information and Resource Pages: http://www.cirp.org/pages/anat/ and http://www.cirp.org/library/anatomy/garcia/
• Sexually Mutilated Child, http://www.sexuallymutilatedchild.org

The opponents of circumcision gain unexpected support from the most Orthodox advocates. Daat Emet ("True Knowledge"), a group that promotes and encourages Orthodox scholarship. Quoting Maimonides, Daat Emet asserts that one of the major purposes of circumcision is to damage the natural function and reduce sexual pleasure for both men and women. (In the following, "Chazal" is an acronym meaning "Our Sages of blessed memory." [37])

In the story of the rape of Dina, the daughter of Jacob (Genesis chapter 34), Chazal said that Dina, who had been taken by the uncircumcised Shechem, the son of Hamor, enjoyed having sexual relations with an uncircumcised man so much that her brothers Simeon and Levi had to take her away by force … Bereshit Rabbah (Vilna edition), parasha 80, note 11, "And they took Dina: Rabbu Udan said, 'they dragged her away.' Rabbi Huna said, 'One who has had sexual relations with an uncircumcised man finds it difficult to stop'."
 
About this the greatest religious arbiter of all time, Maimonides, wrote in Moreh Nevuchim section three, chapter 49: "And this commandment [circumcision] was not given to complete something lacking in Creation, only to complete something missing in human behavior, and the physical damage to that organ is the aim … that desire beyond what is necessary should be removed, and since circumcision reduces the erectile ability of the organ and reduces the pleasure obtained from sexual relations, there is no doubt that when blood is spilled from that organ and its hood is removed will be weaker. Chazal clearly state that one who has sexual relations with an uncircumcised man finds it difficult to leave him; this seems to me to be the most compelling reason for circumcision."
 
According to the greatest of religious arbiters, one of the reasons for circumcision is the desire to reduce sexual ability and enjoyment for Jewish men …

— Daat Emet (36)

Daat Emet goes on to point out that African advocates of female circumcision rest their case on the same argument.

Thank you for your consideration of the above,
Carol A. Valentine,  Ear@Come-and-Hear.com
July 14, 2003 ( This article is on line at http://www.come-and-hear.com/editor/br_4.html )
 

NEXT:   New America 1: America's New Government Church
 

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Footnotes:   Full specifics for each of the printed sources are provided in the Bibliography. Outside URLs were valid at the time this article was written. However, be mindful that URLs do change.

1. Jewish Medical Ethics: A Comparative and Historical Study of the Jewish Religious Attitude to Medicine and Its Practice, New York: Bloch Publishing Company, 1959, pages 193-194., as quoted in http://www.sexuallymutilatedchild.org/mohel.htm cached at http://www.come-and-hear.com/editor/br-smc.
    
   Lord Immanuel Jakobovits, retired Chief Rabbi of the British Commonwealth, was a featured speaker at the 1999 International Conference on Jewish Medical Ethics and was be honored as "The Father of Modern Jewish Medical Ethics." (See Jewish Bulletin of Northern California, January 15, 1999, http://www.jewishsf.com/bk990115/sbaethics.htm cached at http://www.come-and-hear.com/editor/br-medeth-jb-01-15-99
2. "Rabbi Menachem Mendel Schneerson," American Israel Numismatic Association: http://amerisrael.com/article_rebbe.html cached at http://www.come-and-hear.com/editor/br-schneerson-cm
3. Chapter Three, "Customs of Bris Milah," Kovetz Minhagim An Anthology of Chabad-Lubavitch Customs Regarding Pregnancy, Childbirth, Circumcision, Redemption of The Firstborn, And The Birth of Girls, Compiled By Rabbi Avraham Yeshaya Holtzberg, translated by Shimon Neubort: http://www.sichosinenglish.org/books/kovetz-minhagim/04.htm cached at http://www.come-and-hear.com/editor/br-chabad
4. In Memory of the Sexually Mutilated Child: http://www.sexuallymutilatedchild.org/mohel.htm cached at http://www.come-and-hear.com/editor/br-smc
5. Cited by In Memory of the Sexually Mutilated Child: http://www.sexuallymutilatedchild.org/mohel.htm, from Rosemary Romberg, Circumcision: The Painful Dilemma, South Hadley, Massachusetts: Bergin & Garvey, Publishers, Inc. 1985, page 395; cached at http://www.come-and-hear.com/editor/br-smc
6. Lonnie Morris at: http://www.nerve.com/regulars/lifeswork/mohelet/ cached at: http://www.come-and-hear.com/editor/br-morris
7. Jew vs. Jew, page 338.
8. Searching Thomas, Legislative Information on the Internet (http://thomas.loc.gov/), Come and Hear™ found Congressional resolutions honoring Schneerson going back to 1975. We have put our findings in a zip file for your convenient download, where you will find the lists of co-sponsors. See Download Page
9. "Jewish law institute launched in DC," Jerusalem Post, November 9, 2002, http://www.jpost.com/servlet/Satellite?pagename=JPost/A/JPArticle/ShowFull&cid;=1036830287246, now moved to http://pqasb.pqarchiver.com/jpost/index.html?ts=1042784008 cached at http://www.come-and-hear.com/editor/cp-jp-11-09-2002
10. Circumcision insights: http://www.circumcision.net/insights.htm cached at http://www.come-and-hear.com/editor/br-painful
11. Spectrum Surgical Instruments Corp.: http://www.spectrumsurgical.com/catalog/instrument/circumcision.htm cached at http://www.come-and-hear.com/editor/br-clamps
12. Emil G. Hirsch, Kaufmann Kohler, Joseph Jacobs, Aaron Friedenwald, and Isaac Broyd for The Jewish Encyclopedia, s.v. "Circumcision," Vol. IV, page 100; available at http://www.jewishencyclopedia.com/view.jsp?artid=514&letter;=C&search;=Circumcision
13. Ibid, Vol. IV, page 99.
14. "Circumcision Wine Goblet," Avi Biran Judaica, Design & Fine Art, http://www.avi-biran.co.il/Circumcision%20wine%20goblet.htm
15. "Tuberculosis Acquired through Ritual Circumcision," Journal of the American Medical Association, Volume LXI, Pages 99-102, July 12, 1913: http://www.cirp.org/library/complications/holt1/ cached at http://www.come-and-hear.com/editor/br-holt
16. America's Real War, page 204
17. "AIDS: A Jewish Perspective," Jewish Law Articles: http://www.jlaw.com/Articles/aids.html cached at http://www.come-and-hear.com/editor/br-aids-rum
18. "While the Messiah Tarries" by Rabbi A. James Rudin, Forward, February 22, 2002: http://www.forward.com/issues/2002/02.02.22/oped2.html cached at: http://www.come-and-hear.com/editor/forward.
19. See Merry Christmas and OFF WITH YOUR HEAD! by Carol Valentine, May, 2002.
20. Almost Painless: http://www.circumcision.net/Painless.html
21. "Jewish medical ethics conference marks its 10th year," Jewish Bulletin of Northern California, http://www.jewishsf.com/bk990115/sbaethics.htm cached at http://www.come-and-hear.com/editor/br-medeth-jb-01-15-99
22. Circumcision.Net: http://www.circumcision.net/chabad.html
23. Ritual Circumcision: http://www.circumcision.net/ritual.htm cached at http://www.come-and-hear.com/editor/br-chabadritual
24. Network Solutions, (the following URL is split to accommodate narrower screens:) http://networksolutions.com/cgi-bin/whois/whois? STRING=circumcision.net&SearchType;=do&STRING2.x;=36&STRING2.y;=16 cached as http://www.come-and-hear.com/editor/br-whois
25. "In memory of Lord Jakobovits - A Sage in the Tradition of the Prophets," The Website of the Chief Rabbi, http://www.chiefrabbi.org/articles/other/jacobtimes.html cached as http://www.come-and-hear.com/editor/br-jakobovits
26. British Journal of Sexual Medicine, Pages 6-8, September/October 1994, quoted at http://www.cirp.org/library/general/warren2 cached at http://www.come-and-hear.com/editor/br-warren
27. "Congressional Gold Medal Recipients," Office of the Clerk: http://clerk.house.gov/histHigh/Congressional_History/goldMedal.php
28. "102. Circumcision and AIDS," Central Conference of American Rabbis, January 1991: http://www.ccarnet.org/cgi-bin/respdisp.pl?file=102&year;=narr cached at http://www.come-and-hear.com/editor/br-ccar2
29. "What Do Reform Jews Believe? What Do Reform Jews Do?" adapted from the pamphlet entitled "What We Believe... What We Do..." prepared in 1993 by CCAR President Rabbi Simeon J. Maslin, What Is Reform Judaism?: http://rj.org/rj.shtml cached at http://www.come-and-hear.com/editor/br-reformj
30. Biographical information from Woodside Synagogue Ahavas Torah http://www.wsat.org/breitowitz.htm cached at http://www.come-and-hear.com/editor/br-breitowitz-bio.html
    Image from "Mikvah Groundbreaking March 24, 2002," Chabad Lubavitch of Northern Virginia: http://www.chabadva.org/PictureGallery/MikvahGB2002 cached at http://www.come-and-hear.com/editor/br-chabad-nova
31. "All Gore: Education Day USA," Ukrainian Archive, http://www.ukar.org/gore10.shtml
32. "Welcome to the Surgery Room," The Pet Center, http://www.thepetcenter.com/sur/surgery.html
33. "Mycobacterium tuberculosis," Wadsworth Center, New York State Department of Health, http://www.wadsworth.org/databank/mycotubr.htm
34. "Syphilis - tertiary," Medline Plus, http://www.nlm.nih.gov/medlineplus/ency/article/000662.htm
35. "Religious Traditions and Circumcision," National Organization of Circumcision Information Resource Centers (NOCIRC), http://www.nocirc.org/symposia/second/larue.html cached at http://www.come-and-hear.com/editor/br-circum-history
36. "Circumcision - Halachic Viewpoint," Daat Emet, http://www.daatemet.org.il/daathalacha/en_brit_mila.html cached at http://www.come-and-hear.com/supplement/so-daat-emet/en_brit_mila.html
37. "A Glossary of Basic Jewish Terms and Concepts: B-C," Union of Orthodox Jewish Congregations of America http://www.ou.org/about/judaism/bc.htm#chazal
38. "Jewish Philosophy and Belief," Orthodox Union, http://www.ou.org/torah/belief.html
39. Aish HaTorah www.aish.com — Aish HaTorah is a Jewish outreach and educational organization endorsed by the Orthodox Union. According to the Aish HaTorah page, Who is Aish HaTorah? "Aish HaTorah has become one of the world's largest organizations dedicated to answering the vital question, 'Why be Jewish?' … Aish HaTorah operates 26 full-time branches and offers programs in 80 cities, representing 17 countries on 5 continents."
40. "What is Circumcision," Ibid, http://www.aish.com/literacy/lifecycle/What_is_Circumcision$.asp cached at http://www.come-and-hear/editor/br-aish-circum
41. " About The Orthodox Union," Union of Orthodox Jewish Congregations of America http://www.ou.org/about/ou.htm

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Printer Friendly Version Sex with Children by Talmud Rules

We are told there is a movement afoot to make pederasty (child-adult sex) socially acceptable and legally permissible. Researching the issue, we find that many dominant voices on both sides of the controversy are Jewish.

How is this possible? Which voices speak for the core values of Judaism? Our questions are not prompted by idle curiosity, but by social concern. America is rapidly becoming Talmudized, and we should understand the direction in which our social policies are moving.

Let us start with an article in the Washington Times, a major newspaper that espouses conservative Christian values. The Times provides a useful starting point because they name names. Let us borrow the Times' viewpoint.

Jewish Bad Guys

Feminist writer Judith Levine's book Not Harmful to Minors: The Perils of Protecting Kids from Sex has been condemned by those who say she excuses sexual abuse of children — a charge she strongly denies.
 
Ms. Levine says she was "misunderstood" after a news article last month quoted her saying a boy's sexual experience with a priest "conceivably" could be positive.

— Washington Times (1)

The Washington Times depicts Harris Mirkin as follows:

Harris Mirkin, a professor at the University of Missouri-Kansas City, published a 1999 article in the Journal of Homosexuality complaining that boys who have sex with men "are never considered willing participants, even if they are hustlers." He has also written that "children are the last bastion of the old sexual morality."

— Washington Times (1)

The Washington Times cites a controversial psychology research study:

A 1998 "meta-analytic" study in an American Psychological Association (APA) journal argued, among other things, that "value-neutral" language such as "adult-child sex" should be used to describe child molestation if it was a "willing encounter."

— Washington Times (1)

The study was conducted by Bruce Rind, Robert Bauserman, and Philip Tromovitch, and was published in the Psychological Bulletin in 1998 under the editorship of Nancy Eisenberg.(4)

Jewish Good Guys

Here come the good guys. Meet Joy Silberg.

Ms. Levine's book favorably cites the Rind study and, in a telephone interview, she defended the study as "methodologically meticulous." But Baltimore psychologist Joy Silberg, whose clinical practice involves treating child-abuse victims, says the study is "horribly flawed."
 
"I can't call it science," she said.
 
… Ms. Silberg, the Baltimore psychologist, agrees that the "whole academic movement" to legitimize sex with children "is growing."

— Washington Times (1)

Now comes Dr. Laura Schlessinger:

Radio host Laura Schlessinger led a campaign against that study by Temple University psychology professor Bruce Rind and two other academics. Congress eventually voted unanimously to condemn the Rind study — which has already been used as evidence to defend accused child molesters in at least three court cases.

— Washington Times (1)

Dr. Laura is, of course, widely considered a shining example of moral rectitude. She is famous for her denunciation of homosexuality, (7) and very popular with those who call themselves fundamentalist Christians. As one of America's best-known Orthodox Jews, Dr. Laura received the 2001 National Heritage Award from the National Council of Young Israel, an organization of 150 Orthodox synagogues in the US. The executive vice president of Young Israel is Rabbi Pesach Lerner. The following report comes from the Jewish Telegraphic Agency.

The program for the National Council of Young Israel dinner described Schlessinger as "a powerful source of inspiration and pride for all Jews." The mainly right-leaning Orthodox Jews filling the large room applauded her, and many approached her afterward to ask for autographs and declare their admiration …

— Jewish Telegraphic Agency (2)

We are told that Schlessinger is a member of a Lubavitch synagogue, Chabad of Agoura, in suburban Los Angeles. Then:

Schlessinger's rabbi, Moshe Bryski, insists that his most famous congregant is serious about the moral questions she receives, researching Jewish ethics and frequently calling him to consult on issues that arise on her show.
 
"There is a sense of responsibility because at times she'll call me about specific questions, and I realize the answer is going to be broadcast to 20 million people, and I better get it right," Bryski says.

— Jewish Telegraphic Agency (2)

The Jewish publication, Forward, also covered Dr. Laura's Young Israel award.

The executive director of Young Israel, Rabbi Pesach Lerner, said Ms. Schlessinger was chosen because of her success "in changing the moral compass of this country," on issues such as abortion, abstinence and homosexuality. He also cited her personal religious journey that eventually led her to adopt an Orthodox lifestyle.

— Forward(5)

No doubt Rabbi Bryski listens to Dr. Laura' show to see how his student is doing. Given her fame as an Orthodox Jew, we might expect that some of the rabbis affiliated with the 150 Orthodox synagogues in the Young Israel organization would listen in, too.

Jewish law, of course, is based primarily on the Talmud, which Jews often call the "Torah." (48) Let's follow Dr. Laura, Rabbi Bryski, and Young Israel directly to the source of their doctrines, the Talmud. We will ask the reader to be patient and tolerant when reading this material, even though some of these ideas may be very new.

(Note: When excerpting quotations from the Talmud, we sometimes omit non-germane text and footnotes. Omission of text is indicated by an ellipsis (…). To see the full text and footnotes, follow the hot link at the end of the excerpt. It is our pleasure to make available on line a number of Talmud tractates, so that you can see the excerpt in full context. We indicate unprintable Hebrew characters, words, and phrases with the symbol [H].)

Talmud Permits Child-Adult Sex

Talmud law permits sexual intercourse between children and adults. This doctrine is contained in a number of Mishnahs. Before we examine them, however, it is necessary that the reader be familiar with the word kethubah.

According to the Soncino Talmud Glossary:

KETHUBAH (Lit., 'a written [document]'); (a) a wife's marriage settlement which she is entitled to recover on her being divorced or on the death of her husband. The minimum settlement for a virgin is two hundred zuz, and for a widow remarrying one hundred zuz; (b) the marriage contract specifying the mutual obligations between husband and wife and containing the amount of the endowment and any other special financial obligations assumed by the husband.

— Babylonian Talmud, Soncino Talmud Glossary

Zuz is a unit of currency. We see, then, that a dollar (or zuz) value is put on virginity.

Now let's look at a Mishnah from Kethuboth 11a:

MISHNAH. WHEN A GROWN-UP MAN (7) HAS HAD SEXUAL INTERCOURSE WITH (8) A LITTLE GIRL, (9) OR WHEN A SMALL BOY (10) HAS INTERCOURSE WITH A GROWN-UP WOMAN, OR [WHEN A GIRL WAS ACCIDENTALLY] INJURED BY A PIECE OF WOOD (11) — [IN ALL THESE CASES] THEIR KETHUBAH IS TWO HUNDRED [ZUZ] …

— Babylonian Talmud, Tractate Kethuboth 11a
Soncino 1961 Edition, page 57

The translator, Rabbi Dr. Samuel Daiches, amplifies the text with footnotes:

7. A man who was of age.
8. Lit., 'who came on'.
9. Less than three years old.
10. Less than nine years of age.
11. Lit., 'One who was injured by wood', as a result of which she injured the hymen.

— Rabbi Dr. Daiches

Let's review the above-cited Mishnah: "When a grown-up man has had sexual intercourse with a little girl, or when a small boy has intercourse with a grown-up woman …" It is obvious that sex activity between a grown man and a little girl, and between a grown woman and a little boy, is a part of the woof and the warp of everyday Talmud life; such relationships, in the eyes of the Sages, are unremarkable. There is no prohibition on sexual activity between adults and young children — it is simply regulated. Recall the words of the Very Reverend the Chief Rabbi of the British Empire the late Dr. Joseph Herman Hertz:

Religion in the Talmud attempts to penetrate the whole of human life with the sense of law and right. Nothing human is in its eyes mean or trivial; everything is regulated and sanctified by religion. Religious precept and duty accompany man from his earliest years to the grave and beyond it. They guide his desires and actions at every moment.

— Rabbi Dr. Hertz (38)

Thus, if the Talmud permits girls three years old and younger to be sexually used by adults, that is the law. The concern of the Sages is to ensure that the adult is not, technically speaking, in violation of any of the rules.

Regenerating Virginity

In the Gemara that follows the Mishnah of Kethuboth 11a (cited above), the Sages discuss the issues. They say having intercourse with a girl younger than three is like putting a finger in the eye. Rabbi Dr. Daiches explains in the footnotes that, just as tears come to the eye again and again, so does virginity come back to the little girl under three years.

GEMARA. Rab Judah said that Rab said: A small boy who has intercourse with a grown-up woman makes her [as though she were] injured by a piece of wood. (1) When I said it before Samuel he said: 'Injured by a piece of wood' does not apply to (2) flesh. Some teach this teaching by itself: (3) [As to] a small boy who has intercourse with a grown-up woman, Rab said, he makes her [as though she were] injured by a piece of wood; whereas Samuel said: 'Injured by a piece of wood' does not apply to flesh. R. Oshaia objected: WHEN A GROWN-UP MAN HAS HAD INTERCOURSE WITH A LITTLE GIRL, OR WHEN A SMALL BOY HAS INTERCOURSE WITH A GROWN-UP WOMAN, OR WHEN A GIRL WAS ACCIDENTALLY INJURED BY A PIECE OF WOOD — [IN ALL THESE CASES] THEIR KETHUBAH IS TWO HUNDRED [ZUZ]; SO ACCORDING TO R. MEIR. BUT THE SAGES SAY: A GIRL WHO WAS INJURED ACCIDENTALLY BY A PIECE OF WOOD — HER KETHUBAH IS A MANEH! (4) Raba said, It means (5) this: When a grown-up man has intercourse with a little girl it is nothing, for when the girl is less than this, (6) it is as if one puts the finger into the eye; (7) but when a small boy has intercourse with a grown-up woman he makes her as 'a girl who is injured by a piece of wood,' and [with regard to the case of] 'a girl injured by a piece of wood,' itself, there is the difference of opinion between R. Meir and the Sages.

— Babylonian Talmud, Tractate Kethuboth 11b
Soncino 1961 Edition, page 57-58

Rabbi Dr. Samuel Daiches amplifies the text with footnotes (page 58):

1. Although the intercourse of a small boy is not regarded as a sexual act, nevertheless the woman is injured by it as by a piece of wood.
2. Lit., 'is not in'.
3. I.e., the difference of opinion between Rab and Samuel with regard to that question was recorded without any reference to R. Judah.
4. The Sages differ only with regard to a girl injured by a piece of wood, but not with regard to a small boy who has intercourse with a grown-up woman. This shows that the latter case cannot be compared with the former case. The Mishnah would consequently be against Rab and for Samuel.
5. Lit., 'says'.
6. Lit., 'here', that is, less than three years old.
7. I.e., tears come to the eye again and again, so does virginity come back to the little girl under three years. Cf. Nid. 45a.

— Rabbi Dr. Daiches

To a person unaccustomed with the Talmud culture, it may seem that discussion of sexual intercourse between grown men and very young girls is merely theoretical. But as we shall see, cases are cited, judgments are weighed and debated, and the Sages discuss the wounds suffered by the young girls as a result of the intercourse.

More on Regenerating Virginity

We know that the amount of a woman's kethubah depends on her virginity on her wedding day. But what of a woman who, as a little girl below the age of three years, was raped or otherwise subjected to sexual intercourse? The Sages rule that the kethubah of such a woman is set as if she were still a virgin.

MISHNAH. A WOMAN PROSELYTE, A WOMAN CAPTIVE, AND A WOMAN SLAVE, WHO HAVE BEEN REDEEMED, CONVERTED, OR FREED [WHEN THEY WERE] LESS THAN THREE YEARS AND ONE DAY OLD — THEIR KETHUBAH IS TWO HUNDRED [ZUZ]. AND THERE IS WITH REGARD TO THEM THE CLAIM OF [NON-]VIRGINITY. (17)

— Babylonian Talmud, Tractate Kethuboth 11a
Soncino 1961 Edition, page 54

This seems like a generous and humanitarian ruling, the creation of a legal fiction of virginity when the woman is no longer physiologically a virgin. But Dr. Daiches corrects us. He tells us that, according to the Sages, the hymen of a girl younger than three literally grows back again.

17. If they had sexual intercourse before they were three years and one day old the hymen would grow again, and they would be virgins. V. 9a and 11b and cf. Nid. 44b and 45a.

— Rabbi Dr. Daiches (25)

See also the discussion of Niddah 44b and 45a, below.

As we continue to explore the Talmud doctrines on child-adult sex, we will see further confirmation that the Talmud Sages believed that the hymen regenerates in a girl younger than three.

"… Of Lesser Age, No Guilt is Incurred"

In modern America, sex between an adult and a child is condemned in proportion to the youth of the child. That is, Americans generally consider sex with a fifteen year old, a twelve year old, a six year old, and a three-year-old on a continuous scale of condemnation. The younger the child, the greater the condemnation.

Talmudic law works on the reverse scale: sex with younger children is less significant than sex with older children. How did this doctrine come about?

Scripture states thus:

22. Thou shalt not lie with mankind, as with womankind: it is abomination.

— Leviticus 18:22 (KJV)

The Old Testament prohibits a man lying with a man; but notice, the Old Testament does not prohibit a man lying with a boy. Thus, the Talmud Sages arrive at their position on pederasty. In the following, bestiality said to be committed "naturally" when a man uses the vaginal passage of the beast, and "unnaturally" when a man uses the anal passage of the beast. The Sages make a similar distinction for the couplings of a woman with a beast.

GEMARA. … Rab said: Pederasty with a child below nine years of age is not deemed as pederasty with a child above that. Samuel said: Pederasty with a child below three years is not treated as with a child above that. (2) What is the basis of their dispute? — Rab maintains that only he who is able to engage in sexual intercourse, may, as the passive subject of pederasty throw guilt [upon the active offender]; whilst he who is unable to engage in sexual intercourse cannot be a passive subject of pederasty [in that respect]. (3) But Samuel maintains: Scripture writes, [And thou shalt not lie with mankind] as with the lyings of a woman. (4)
 
It has been taught in accordance with Rab: Pederasty at the age of nine years and a day; [55a] [he] who commits bestiality, whether naturally or unnaturally; or a woman who causes herself to be bestially abused, whether naturally or unnaturally, is liable to punishment. (5)

— Babylonian Talmud, Tractate Sanhedrin 54b - 55a
Soncino 1961 Edition, page 371

The translator, Rabbi Dr. H. Freedman, amplifies the text with footnotes. Note particularly footnote 2: "… but if one committed sodomy with a child of lesser age, no guilt is incurred." See also the final sentence of footnote 5: "… nine years (and a day) is the minimum age of the passive partner for the adult to be liable." (See Soncino Talmud Glossary for definition of Baraitha.)

2. I.e., Rab makes nine years the minimum; but if one committed sodomy with a child of lesser age, no guilt is incurred. Samuel makes three the minimum.
3. At nine years a male attains sexual matureness.
   
4. Lev. XVIII, 22. Thus the point of comparison is the sexual matureness of woman, which is reached at the age of three.
5. (Rashi reads [H] instead of the [H] in our printed texts. A male, aged nine years and a day who commits etc.] There are thus three distinct clauses in this Baraitha. The first — a male aged nine years and a day — refers to the passive subject of pederasty, the punishment being incurred by the adult offender. This must be its meaning — because firstly, the active offender is never explicitly designated as a male, it being understood, just as the Bible states, Thou shalt not lie with mankind, where only the sex of the passive participant is mentioned; and secondly, if the age reference is to the active party, the guilt being incurred by the passive adult party, why single out pederasty: in all crimes of incest, the passive adult does not incur guilt unless the other party is at least nine years and a day? Hence the Baraitha supports Rab's contention that nine years (and a day) is the minimum age of the passive partner for the adult to be liable.

— Rabbi Dr. Freedman

The plain English meaning of the Talmud text is clear, but if there is any doubt, the Soncino scholars put the matter to rest: No guilt is incurred with a boy child younger than nine, even in incest. Thus we see that Orthodox Jewish doctrines concerning homosexuality are not accurately represented by Dr. Laura and other Orthodox spokesmen.

Out of Context?

When quoted, those passages in Tractate Sanhedrin 54b and 55a are sometimes said to be taken out of context. Theologian James Trimm is one who makes this protest.(6) But now the full context of Sanhedrin 54b and 55a — and indeed, the complete Sanhedrin — is available to the readers of Come and Hear™.

Rabbi Michael Rodkinson, whose English translation of the Talmud was republished in 1918, censored the Sages' teaching on this issue. The 1918 Edition of Rabbi Rodkinson's Talmud was published under the editorship of Rabbi Dr. I. M. Wise, the pioneer of Reform Judaism. Rabbi Rodkinson explains his censorship in a footnote:

We deem it expedient not to translate about two pages of the text preceding the next Mishna, treating of miserable crimes with men and animals, and giving the discussion with questions and answers, it would be undesirable to express in the English language …

— Rabbi Rodkinson (26)

For further discussion, see "Rabbi Rodkinson Censors the Talmud" in Do Not Censor the Talmud, Please.

Censorship, expurgation, and denial of the clear and obvious meaning of basic religious text do not help inter-religious understanding. It does not help people of different religions understand each others' faiths. See What We're About.

The lack of reliable authoritative information on the doctrines of Judaic law is a significant problem as American society and law becomes more Talmudized. Such information gaps can cause unwanted societal consequences.

America Is Rapidly Becoming Talmudized

In 1999, the Supreme Court agreed to consider an amicus brief based wholly on Talmudic law (see Sentence and Execution).
 
In November 2002, the American Orthodox Jewish community held a kosher dinner in the Supreme Court building to celebrate the establishment of the National Institute for Judaic Law. (31) The dinner was attended by 200 people, including three Supreme Court Justices. The purpose of the Institute is to introduce Talmudic laws into the US legal system and law schools.
 
It is thus the clear civic duty of every American to become intimately acquainted with the Talmud. Read articles at:
Death Penalty: http://www.come-and-hear.com/editor/capunish_1.html
Kosher Dinner: http://www.come-and-hear.com/editor/cp-jp-11-09-2002 and http://www.come-and-hear.com/editor/cp-jw-01-08-03

Oedipal Incest

According to Rabbi Dr. H. Freedman (footnote 5, above), in Sanhedrin 54b-55a the Sages confirm, "in all crimes of incest, the passive adult does not incur guilt unless the other party is at least nine years and a day." Therefore, a mother who encourages her son to have sexual intercourse with her incurs no guilt if her son is younger than nine years old and a day. In such an arrangement, the mother would be the "passive" adult, of course.

Adult Male Homosexuality

MISHNAH. HE WHO COMMITS SODOMY WITH A MALE OR A BEAST, AND A WOMAN THAT COMMITS BESTIALITY ARE STONED.

— Babylonian Talmud, Tractate Sanhedrin 54a
Soncino 1961 Edition, page 367

This clears matters up. Consenting adults who engage in homosexuality suffer the death penalty. But homosexuality with a male child under the age of nine years and a day is not punishable (Sanhedrin 54b-55a, above). Recall Rabbi Dr. Freedman's clear statement of the doctrine:

2. I.e., Rab makes nine years the minimum; but if one committed sodomy with a child of lesser age, no guilt is incurred. Samuel makes three the minimum.

— Rabbi Dr. Freedman (21)

Female Homosexuality

But what of female homosexuality?

GEMARA. … Women who practise lewdness with one another are disqualified from marrying a priest.

— Babylonian Talmud, Tractate Yebamoth 76a
Soncino 1961 Edition, page 512 - 513

The same statement appears in Shabbath 65a, page 311. The ruling, then, is only that a woman who "commits lewdness" with another is disqualified from marrying a priest. Thus a woman who never had ambitions to marry a priest suffers no sanction for her homosexual activity.

All of this paints a different picture of Orthodox Jewish doctrine on homosexuality. What would Dr. Laura say if she knew? Or does she?

More on Oedipal Incest

In the following passage, the question before the Sages is this: If a mother committed incest with her son, would she still be eligible to marry a priest? As we shall see, the answer depends on the son's age. Again, incest with a young boy is not a concern, while incest with an older boy brings consequences to the adult. Here, the Sages debate the threshold age.

GEMARA. … Our Rabbis taught: If a woman sported lewdly with her young son [a minor], and he committed the first stage of cohabitation with her, — Beth Shammai say, he thereby renders her unfit to the priesthood. Beth Hillel declare her fit. R. Hiyya the son of Rabbah b. Nahmani said in R. Hisda's name; others state, R. Hisda said in Ze'iri's name: All agree that the connection of a boy aged nine years and a day is a real connection; whilst that of one less than eight years is not: (2) their dispute refers only to one who is eight years old, Beth Shammai maintaining, We must base our ruling on the earlier generations, but (3) Beth Hillel hold that we do not.

— Babylonian Talmud, Tractate Sanhedrin 69b
Soncino 1961 Edition, page 470

The translator, Dr. Freedman, uses "cohabitation" to denote sexual intercourse. (32) He amplifies the text with footnotes.

2. So that if he was nine years and a day or more, Beth Hillel agree that she is invalidated from the priesthood; whilst if he was less that eight, Beth Shammai agree that she is not
3. When a boy of that age could cause conception.

— Rabbi Dr. Freedman

The issue rests on the boy's theoretical ability to cause conception. Since (theoretically) a boy younger than nine cannot cause conception, he cannot (theoretically) engage in sexual intercourse (see above, from page 58, footnote 1, "… the intercourse of a small boy is not regarded as a sexual act"). This is a specialized definition of sexual intercourse.

The boy's youth also exempts the man who sodomizes him — from moral guilt and legal liability. That is, the young boy cannot "throw guilt" on a man who lies with him, and the Scripture does not apply. If the boy is old enough to cause conception, the man who lies with him is in violation of Scripture.

And now we have the answer to a question that might have occurred to the reader when we discussed incest between mother and son, above: Why wouldn't a mother like that be charged with incest? We have seen this explanation from Rabbi Dr. Freedman before, but it warrants further study. In a synthesis of logical premises unique to Talmudism, the translator again helps us out with a footnote. The language is complex, but the meaning of the last few lines is clear: By reckoning back and forth between the definition of "man," "cause conception," "active," and "passive" participants in a sexual act, the conclusion is drawn that incest is not punishable with a boy younger than nine years old.

5. [Rashi reads [H] instead of the [H] in our printed texts. A male, aged nine years and a day who commits etc.] There are thus three distinct clauses in this Baraitha. The first — a male aged nine years and a day — refers to the passive subject of pederasty, the punishment being incurred by the adult offender. This must be its meaning — because firstly, the active offender is never explicitly designated as a male, it being understood, just as the Bible states, Thou shalt not lie with mankind, where only the sex of the passive participant is mentioned; and secondly, if the age reference is to the active party, the guilt being incurred by the passive adult party, why single out pederasty: in all crimes of incest, the passive adult does not incur guilt unless the other party is at least nine years and a day? Hence the Baraitha supports Rab's contention that nine years (and a day) is the minimum age of the passive partner for the adult to be liable.

— Rabbi Dr. Freedman (24)

American Puritanism vs. Rabbinic Tradition

Forward reports criticism of Young Israel's award to Dr. Laura.

The problem, according to her liberal critics, is that Ms. Schlessinger pushes a conservative, pro-life platform that is out of touch with the mostly liberal American Jewish public. Worse, they say, is that her "sanctimonious" moralism and harsh style are more a reflection of American Puritanism than the ancient rabbinic tradition.
 
"It's sad that with all the outstanding individuals doing great work, the National Council of Young Israel has chosen someone whose comments have been so divisive within and outside of the Jewish community," said Rabbi Douglas Kahn, the executive director of the Jewish Community Relations Council of San Francisco.
 
Rabbi Kahn said he was referring in particular to the controversy sparked by Ms. Schlessinger's claim that homosexuality is "deviant" and a "biological error." Last year gay rights organizations and other liberal groups organized a boycott of Ms. Schlessinger's new television show, which was eventually canceled due to poor ratings.
 
More than a dozen Jewish leaders signed a critical letter to Ms. Schlessinger, including Rabbi Paul Menitoff, the executive vice president of the Reform movement's Central Conference of American Rabbis.

— Forward(5)

Indeed, Rabbis Kahn, Menitoff, and other Reform rabbis are right. Dr. Laura is not representing "the ancient rabbinic tradition," which allows ample room for homosexuality and pederasty. But why didn't Rabbis Kahn and Menitoff and their Reform colleagues publicly correct Dr. Laura and her Orthodox mentors, in particular Rabbi Moshe Bryski, by using the authority of direct quotes from the Talmud?

Children as Concubines, Babies as Wives

The ancient Hebrews were permitted to use children as concubines. Moses established the precedent. In the passage below, the Hebrews have just massacred the Midianite men. They return home with booty, and the Midianite women and children. Moses directs them to slaughter the captive women and children with this exception: virgin girl children are to be kept as concubines for the Hebrews.

12. And they brought the captives, and the prey, and the spoil, unto Moses, and Eleazar the priest, and unto the congregation of the children of Israel, unto the camp at the plains of Moab, which are by Jordan near Jericho.
    
13. And Moses, and Eleazar the priest, and all the princes of the congregation, went forth to meet them without the camp.
    
14. And Moses was wroth with the officers of the host, with the captains over thousands, and captains over hundreds, which came from the battle.
    
15. And Moses said unto them, Have ye saved all the women alive?
    
16. Behold, these caused the children of Israel, through the counsel of Balaam, to commit trespass against the LORD in the matter of Peor, and there was a plague among the congregation of the LORD.
    
17. Now therefore kill every male among the little ones, and kill every woman that hath known man by lying with him.
    
18. But all the women children, that have not known a man by lying with him, keep alive for yourselves.

— Numbers 31:12-18 (KJV)

In the following, the Talmud Sages reason that, since Phinehas was among the Hebrews who were permitted a child concubine and Phinehas was a priest, Numbers 31:17-18 is Divine sanction for the marriage of priests with girls under the age of three — babies. The rabbis describe the babies as proselytes. The American Heritage Dictionary defines proselyte as "a Gentile converted to Judaism." In the following passage, a bondman is a male slave, and a bondwoman a female slave.

GEMARA. … It was taught: R. Simeon b. Yohai stated: A proselyte who is under the age of three years and one day is permitted to marry a priest, (2) for it is said, But all the women children that have not known man by lying with him, keep alive for yourselves, (3) and Phinehas (4) surely was with them. And the Rabbis? (5) — [These were kept alive] as bondmen and bondwomen. (6) If so, (7)  a proselyte whose age is three years and one day (8) should also be permitted! — [The prohibition is to be explained] in accordance with R. Huna. For R. Huna pointed out a contradiction: It is written, Kill every woman that hath known man by lying with him, (9) but if she hath not known, save her alive; from this it may be inferred that children are to be kept alive whether they have known or have not known [a man]; and, on the other hand, it is also written, But all the women children, that have not known man by lying with him, keep alive for yourselves, (3) but do not spare them if they have known. Consequently (10) it must be said that Scripture speaks of one who is fit (11) for cohabitation. (12)

— Babylonian Talmud, Tractate Yebamoth 60b
Soncino 1961 Edition, page 402

This is a special definition of cohabitation. The translator, Rev. Dr. Israel W. Slotki, amplifies the text with footnotes:

2. She is not regarded as a harlot.
3. Num. XXXI, 18.
4. Who was a priest.
5. How could they, contrary to the opinion of R. Simeon b. Yohai, which has Scriptural support, forbid the marriage of the young proselyte?
6. Not for matrimony.
7. That, according to R. Simeon, Num. XXXI, 18 refers to matrimony.
8. So long as she has 'not known man'.
9. Num. XXXI, 17.
10. To reconcile the contradiction.
11. I.e., one who had attained the age of three years and one day.
12. Not one who had actually experienced it.

— Rev. Dr. Slotki

The doctrine that Jewish men may have sexual intercourse with non-Jewish children ("proselytes") under the age of three is expanded in the following passage; "Rabbi" is Judah the Prince.

GEMARA. … R. Jacob b. Idi stated in the name of R. Joshua b. Levi: The halachah is in agreement with R. Simeon b. Yohai. (13) Said R. Zera to R. Jacob b. Idi: Did you hear this (13) explicitly or did you learn it by a deduction? What [could be the] deduction? — As R. Joshua b. Levi related: There was a certain town in the Land of Israel the legitimacy of whose inhabitants was disputed, and Rabbi sent R. Romanos who conducted an enquiry and found in it the daughter of a proselyte who was under the age of three years and one day, (14) and Rabbi declared her eligible to live with a priest. (15)

— Babylonian Talmud, Tractate Yebamoth 60b
Soncino 1961 Edition, page 403

The translator, Rev. Dr. Israel W. Slotki, amplifies the text with footnotes:

13. That a proselyte under the age of three years and one day may be married by a priest.
14. And was married to a priest.
15. I.e., permitted her to continue to live with her husband.

— Rev. Dr. Slotki

Not every Sage agreed with this practice. The Talmud records the words of one Sage who objected to one case, though it does not record the specifics of his objection.

GEMARA. … A certain priest married a proselyte who was under the age of three years and one day. Said R. Nahman b. Isaac to him: What [do you mean by] this? (12) — The other replied: Because R. Jacob b. Idi stated in the name of R. Joshua b. Levi that the halachah is in agreement with R. Simeon b. Yohai. (13) 'Go', the first said, 'and arrange for her release, or else I will pull R. Jacob b. Idi out of your ear'. (14)

— Babylonian Talmud, Tractate Yebamoth 60b
Soncino 1961 Edition, page 404

The translator, Rev. Dr. Israel W. Slotki, amplifies the text with footnotes:

12. I.e., on what authority did you contract the marriage.
13. V. supra p. 403. n. 13.
14. He would place him under the ban and thus compel him to carry out his decision which is contrary to that of R. Jacob b. Idi.

— Rev. Dr. Slotki

How Old Is the Screamer?

In Talmud doctrine, if a wife is a screamer — that is, her voice can be heard by the neighbors — she can be divorced without her kethubah.

MISHNAH. THESE ARE TO BE DIVORCED WITHOUT RECEIVING THEIR KETHUBAH: A WIFE WHO TRANSGRESSES THE LAW OF MOSES OR [ONE WHO TRANSGRESSES] JEWISH PRACTICE … [SUCH TRANSGRESSIONS INCLUDE] ALSO THAT OF A WIFE WHO CURSES HER HUSBAND'S PARENTS IN HIS PRESENCE. R. TARFON SAID: ALSO ONE WHO SCREAMS. AND WHO IS REGARDED A SCREAMER? A WOMAN WHOSE VOICE CAN BE HEARD BY HER NEIGHBOURS WHEN SHE SPEAKS INSIDE HER HOUSE.

— Babylonian Talmud, Kethuboth 72a
Soncino 1961 Edition, page 449

However, in the current context of the child bride, the matter becomes another issue. It is surely possible that a three or four-year-old wife screams in pain when required to perform her marital duties. On reading further, the Gemara explains that if the wife screams during intercourse, it may be a sign of a physical defect.

GEMARA. … R. TARFON SAID: ALSO ONE WHO SCREAMS. What is meant by a screamer? — Rab Judah replied in the name of Samuel: One who speaks aloud (10) on marital matters. In a Baraitha it was taught: [By screams was meant a wife] whose voice (11) during her intercourse in one court can be heard in another court. But should not this, then, (12) have been taught in the Mishnah (13) among defects? (14) — Clearly we must revert to the original explanation. (15)

— Babylonian Talmud, Tractate Kethuboth 72b
Soncino 1961 Edition, page 453

Rev. Dr. Israel W. Slotki amplifies the above Gemara in the following footnotes. He tells us these were not screams of pleasure — they were screams of pain.

10. Lit., 'makes her voice heard'.
11. Her screams of pain caused by the copulation.
12. Since her screaming is due to a bodily defect.
13. Infra 77a.
14. Of course it should. Such a case in our Mishnah is out of place.
15. That given in the name of Samuel.

— Rev. Dr. Slotki

In some cases, however, the screaming wife may be one who is so young and physically underdeveloped, her sexual organs cannot accommodate those of a grown man. It seems this child is at risk of being divorced without her kethubah. That is, of course, a concern.

A Different Viewpoint

There is not Talmud prohibition against sexual activity between an adult and very a young child on the basis that such activity could wound the child. Instead, the concern of the Sages is focused on interpreting Biblical injunctions and technicalities that absolve the adult from guilt or liability: At what age, they ask, does the child begin to cause "defilement" of the adult who uses the child for sex?

This next passage illustrates the point once more. The Sages debate "from what age does a heathen child cause defilement"? Is it nine years, or is it three years? If the correct threshold age is observed, the Jew incurs no guilt for the act of pederasty.

GEMARA. … From what age does a heathen child cause defilement by seminal emission? From the age of nine years and one day, [37a] for inasmuch as he is then capable of the sexual act he likewise defiles by emission. Rabina said: It is therefore to be concluded that a heathen girl [communicates defilement] from the age of three years and one day, for inasmuch as she is then capable of the sexual act she likewise defiles by a flux. This is obvious! — You might argue that he is at an age when he knows to persuade [a female] but she is not at an age when she knows to persuade [a male, and consequently although she is technically capable of the sexual act, she does not cause defilement until she is nine years and one day old]. Hence he informs us [that she communicates defilement at the earlier age].

— Babylonian Talmud, Tractate Abodah Zarah 36b-37a
Soncino 1961 Edition, pages 178-179

This may surprise the American reader who encounters it for the first time. In our society, of course, an adult who uses a child — particularly a very young child — for sexual activity is criminally censured.

Brother Takes Three-Year-Old Widow

In Tractate Niddah, again there is approval for priests to marry and copulate with baby girls. This passage describes a situation in which a priest dies without children, leaving a three-year-old widow. In such case, the priest's brother (the yebam) can acquire the girl by having sexual intercourse with her. The ellipsis (…) in the following Mishna indicates the omission of non-germane text. The full text is available through the link at the Come and Hear™ link, below.

MISHNAH. A GIRL OF THE AGE OF THREE YEARS AND ONE DAY MAY BE BETROTHED BY INTERCOURSE; … IF SHE WAS MARRIED TO A PRIEST, SHE MAY EAT TERUMAH.

— Babylonian Talmud Tractate Niddah 44b
Soncino 1961 Edition, page 308

Terumah is the word for temple offerings eaten by priests. This statement indicates that the three-year-old bride is the widow of the priest in all respects and privileges.

In the passage below, we see that the widow of a man who is not a priest can be sexually possessed by her erstwhile brother-in-law and thereby become his wife.

GEMARA. … R. Joseph said: Come and hear! A maiden aged three years and a day may be acquired in marriage by coition, and if her deceased husband's brother cohabits with her, she becomes his.

— Babylonian Talmud, Tractate Sanhedrin 55b
Soncino 1961 Edition, page 376

The statement quoted above from Tractate Sanhedrin 55b also appears in Tractate Sanhedrin 69a, Soncino 1961 Edition, page 469.

Wounding Young Brides by Intercourse

The Sages go on to discuss sexual intercourse with a girl younger than three years old: Wounding the child and causing her to bleed is one possible result. From the Sages' description, it is apparent that the baby bleeds again and again from copulation with a grown man, and the Sages, once again, attribute the bleeding to the repetitive rupturing of the hymen (i.e., virginity growing back).

In the following Mishnah, non-germane text is omitted (…). Please follow the source link to view the complete Mishnah.

MISHNAH. A GIRL OF THE AGE OF THREE YEARS AND ONE DAY MAY BE BETROTHED BY INTERCOURSE; … IF ONE WAS YOUNGER THAN THIS AGE INTERCOURSE WITH HER IS LIKE PUTTING A FINGER IN THE EYE.

— Babylonian Talmud, Tractate Niddah 44b
Soncino 1961 Edition, page 309

The image of "a finger in the eye" is once again explained in the following Gemara. The possibility that the three-year-old committed adultery with a stranger is also addressed:

GEMARA. … IF ONE WAS YOUNGER THAN THIS AGE, INTERCOURSE WITH HER IS LIKE PUTTING A FINGER IN THE EYE. It was asked, Do the features of virginity disappear and reappear again or is it possible that they cannot be completely destroyed until after the third year of her age? In what practical respect could this matter? — In one, for instance, where her husband had intercourse with her before the age of three and found blood, and when he had intercourse after the age of three he found no blood. If you grant that they disappear and reappear again [it might well be assumed] that there 'was not sufficient time for their reappearance, but if you maintain that they cannot be destroyed until after the age of three years it would be obvious that a stranger cohabited with her. Now what is your decision? — R. Hiyya son of R. Ika demurred: But who can tell us that a wound inflicted within the three years is not healed forthwith, seeing it is possible that it is immediately healed and it would thus be obvious that a stranger had cohabited with her? Rather the practical difference is the case, for instance, where her husband had intercourse with her while she was under three years of age and found blood and when he had intercourse after the age of three he also found blood. If you grant that the features disappear and reappear again the blood might well be treated as that of virginity, but if you maintain that they cannot be destroyed until after the age of three years, that must be the blood of menstruation. Now what is your decision? — R. Hisda replied, Come and hear: IF ONE WAS YOUNGER THAN THIS AGE, INTERCOURSE WITH HER IS LIKE PUTTING A FINGER IN THE EYE; what need was there to state, LIKE PUTTING A FINGER IN THE EYE' instead of merely saying: IF ONE WAS YOUNGER THAN THIS AGE, INTERCOURSE WITH HER IS of no consequence'? Does not this then teach us that as the eye tears and tears again so do the features of virginity disappear and reappear again.

— Babylonian Talmud, Tractate Niddah 45a
Soncino 1961 Edition, page 309-310

Rest for the Intercourse Wound

This Gemara from Tractate Kethuboth takes up the discussion of the pre-pubescent bride who is wounded by intercourse.

GEMARA. … R. Hisda objected: If a girl, whose period to see [blood] had not arrived yet, got married, Beth Shammai say: One gives her four nights, and the disciples of Hillel say: Until the wound is healed up. (1) If her period to see [blood] had arrived and she married, Beth Shammai say: One gives her the first night, and Beth Hillel say: Until the night following the Sabbath [one gives her] four nights.

— Babylonian Talmud, Tractate Kethuboth 6a
Soncino 1961 Edition, page 20-21

The translator, Rabbi Dr. Samuel Daiches, amplifies the text with this footnote.

1. The blood that comes out is attributed to the wound and not to menstruation. Ordinarily, after the first intercourse further intercourse is forbidden until the coming out of blood, i.e., menstruation, is over. But in this case, in which the young bride had never yet had any menstruation, it is assumed that the blood is not due to menstruation but to the wound caused by the intercourse. According to Beth Shammai this assumption holds good for four nights, and according to Beth Hillel it holds good 'until the wound is healed up.' As to the definition of this phrase, v. Nid. 64b. V. also Nid. 65b, where it is finally decided that after the first coition no further intercourse must take place until the flowing of blood has stopped, even in the case of a young bride who had not yet had any menstruation. V. also Eben ha-'Ezer, 63, and Yoreh De'ah, 193.

— Rabbi Dr. Daiches

We have been told that according to Jewish law, a post-pubescent bride who bleeds after the first intercourse does not have intercourse again until after her next menstrual period (above). The situation is different, however, for a bride who has not reached the age of menstruation. What are the rules concerning the bleeding pre-pubescent bride? Shammai rabbis say the intercourse wound should be given four nights rest. The Hillel rabbis recommend abstinence until the wound is healed (Kethuboth 6a). See also Tractate Niddah, as follows:

MISHNAH. IF A YOUNG GIRL, WHOSE AGE OF MENSTRUATION HAS NOT YET ARRIVED, MARRIED, BETH SHAMMAI RULED: SHE IS ALLOWED FOUR NIGHTS, AND BETH HILLEL RULED: UNTIL THE WOUND IS HEALED.

— Babylonian Talmud, Tractate Niddah 64b
Soncino 1961 Edition, page 454

Again, there is no prohibition of a sexual practice that would almost certainly cause physical damage to a young girl due to the mismatched sizes of genitals between an adult's penis and a child's vagina or anus.

Old Fashioned Torah Values?

At a time when Americans are displaying an ever-increasing interest in all things Jewish — from kabbala to Senator Joseph Lieberman to "Kosher Sex" — Dr. Laura is the most popular source for a healthy dose of Jewish nagging, guilt trips and what she presents as lessons in good old-fashioned Torah values.

— Forward(5)

We have seen in Numbers 31:12-18 that Moses permitted grown men to use little girls as concubines. In the Talmud, grown men are permitted to have sexual intercourse with female babies and children, and homosexual relations with boys younger than nine.

Those "good old fashioned Torah values," are not quite as Christian America remembers them.

Marital Duties of the Pre-Pubescent Bride

The marital duties of the pre-pubescent brides are addressed in at least three tractates in almost the same words (Yebamoth 12b and 100b, Niddah 45a, and Kethuboth 39a).

In the following passage, the Sages discuss the use of contraception. All the Sages agree that a wife younger than eleven — a wife who is too young to become pregnant — is required to carry on "marital intercourse" in the normal manner. Recall that those brides can be as young as three, and sometimes younger.

GEMARA. … Three classes of woman may use an absorbent (1) in their marital intercourse: (2) A minor, and an expectant and a nursing mother. The minor,(3) because otherwise she might become pregnant and die. An expectant mother, (3) because otherwise she might cause her foetus to degenerate into a sandal. (4) A nursing mother, (3) because otherwise she might have to wean her child prematurely, (5) and this would result in his death. And what is the age of such a 'minor'? (6) From the age of eleven years and one day to the age of twelve years and one day. One who is under (7) or over this age (8) must carry on her marital intercourse in a normal manner; so R. Meir. But the Sages ruled: The one as well as the other carries on her marital intercourse in a normal manner and mercy (9) will be vouchsafed from heaven, for it is said in Scripture, The Lord preserveth the simple (10) …

— Babylonian Talmud, Tractate Niddah 45a
Soncino 1961 Edition, page 311

The translator, Rev. Dr. Israel W. Slotki, amplifies the text with these footnotes:

1. Muk, flax or hackled wool.
2. To avoid conception.
3. Is permitted the use of the absorbent.
4. A fish-shaped abortion. Lit., 'flat-fish'.
5. On account of her second conception which causes the deterioration of her breast milk.
6. Of whom it has been said that she is capable of conception but is thereby exposed to fatal consequences.
7. When conception is impossible.
8. When conception involves no danger.
9. To protect them from harm.
10. Ps. CXVI, 6; sc. those who are unable to protect themselves. At any rate it was here stated that a minor under eleven years of age is incapable of conception. …

— Rev. Dr. Slotki

Did Girls Reach Puberty Earlier Then?

It is sometimes claimed that in the days when the Talmud Sages walked the earth, girls matured earlier; hence, sexual intercourse with girls three years old and younger was not inappropriate. However, the Talmud itself repudiates this assertion.

In Tractate Niddah 45a (quoted above), the Sages argue: "From the age of eleven years and one day to the age of twelve years and one day" a girl may use an "absorbent" (contraception) "because otherwise she might become pregnant and die." The Sages also say girls younger (than eleven) must carry on sexual intercourse "in the normal manner." Therefore, as a general rule, the Sages did not expect a girl younger than eleven could get pregnant. The statements in Niddah 45a indicate that sexual maturation of women in the time of the Talmud Sages compares with sexual maturation of women in our own day.

Or consider the passage that appears just previous in Niddah 45a:

GEMARA. … It is related of Justinia the daughter of 'Aseverus son of Antonius that she once appeared before Rabbi. 'Master', she said to him, 'at what age may a woman marry?'. 'At the age of three years and one day', he told her. 'And at what age is she capable of conception?' 'At the age of twelve years and one day', he replied. 'I', she said to him, 'married at the age of six and bore a child at the age of seven; alas for the three years that I have lost at my father's house'. But can a woman conceive at the age of six years?

— Babylonian Talmud, Tractate Niddah 45a
Soncino 1961 Edition, page 310

Justinia's assertion that she had a child at seven is surprising, and it even surprises the Sages ("But can a woman conceive at the age of six years?"). But note that Rabbi (Judah the Prince), who was familiar with far more than a single girl's experience, estimated twelve as the earliest age for childbearing. Rabbi would of course be familiar with all phases of human life, counseling, judging, and recording. Remember (Talmud Laws of Menstruation), the rabbis were intimately familiar with the physiological details of their female parishioners, consulted even on specimens of a woman's vaginal discharge. Rev. Dr. Slotki remarks on the above Gemara in footnote 10 on the following page:

10. … At any rate it was here stated that a minor under eleven years of age is incapable of conception. How then is Justinia's story to be reconciled with this statement?

— Rev. Dr. Slotki (3)

The Rights of the Child

The treatment of children in Orthodox Judaism has caused concern in Italy. A Genoa court, ruling in a custody dispute, accepted the report of psychologists that Orthodox Judaism views "exploitation and cruelty to minors as legitimate … and perverted behavior as normal." For more details, see Appendix: The Rights of the Child.

The Rudin Standard

Let us consider again Forward's coverage of Dr. Laura's National Heritage award from Young Israel.

With 20 million listeners and a tendency to present her conservative views as an outgrowth of her Orthodox Jewish faith, Dr. Laura may well be Judaism's top ambassador to middle America.

— Forward (5)

But we notice Dr. Laura never tells Middle America about the doctrines of Orthodox Judaism on child-adult sex. We wonder how things would work out for her ratings if she followed the advice of Rabbi A. James Rudin, Senior Interreligious Adviser of the American Jewish Committee.

In February 2002, Rabbi Rudin wrote an article for Forward, commenting on the Vatican's decision to open its World War II archives — partially. In that context, Rabbi Rudin offered the Vatican the following advice:

… one thing is clear. Partial, incomplete or pre-selected archival records will not be enough in a world where transparency and full disclosure is now the norm if an institution — whether political, financial, or spiritual — is to maintain its integrity.

— Rabbi A. James Rudin (8)

If it is important to fully disclose records of historical events, surely it is more important to fully disclose fundamental religious doctrines that may soon be embodied in US law — especially when those doctrines are controversial.

On the subject of child-adult sex, there is a great divide between Talmud culture and American culture. However, the extent of that divide is known only to one side. Rabbis in America know and understand American culture, Americans know almost nothing about Talmud culture. When the fundamental doctrines of the Talmud are examined carefully, we find that feminist writer Judith Levine, author of Not Harmful to Minors: The Perils of Protecting Kids from Sex, is truer to classical Judaism than Dr. Laura.

Jewish leadership — from the most liberal of the Reform rabbis to the most conservative of the Orthodox rabbis — have done Judaism a disservice by not coming forward with the facts and applying Rabbi Rudin's standard of full disclosure. How can we achieve understanding between people of different religious faiths if we do not take courage and stand behind our own religious convictions?

Thank you for your consideration of the above,
Carol A. Valentine,  Ear@Come-and-Hear.com
July 14, 2003 ( This article is on line at http://www.come-and-hear.com/editor/america_2.html )
 

NEXT:   New America 3: Talmud Laws of Menstruation
 

Endnotes:

This and other Come and Hear™ Studies on Talmudic Judaism can be found online:

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Tractate Kethuboth: http://www.come-and-hear.com/kethuboth

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Tractate Sanhedrin: http://www.come-and-hear.com/sanhedrin

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Appendix: The Rights of the Child — Italian Case

A report in the Baltimore Jewish Times in February 2000 gives an account of a custody dispute in Italy. Moshe and Tali Dulberg (sometimes "Dolberg"), Israeli citizens living in Genoa, were divorced. Custody of the couple's two girls was initially given to the mother, Tali. In 1996, Tali was converted to Orthodox Judaism and remarried. Moshe brought suit for custody of the daughters, asserting that Tali, as an Orthodox Jew, was now unfit to care for the girls. The court awarded custody to the father. When arguing the case, Moshe presented to the court the findings of two psychologists. The Baltimore Jewish Times states of the psychologists:

They charged Orthodox Judaism views "exploitation and cruelty to minors as legitimate … and perverted behavior as normal." They compared Orthodox parents to drug addicts in their inability to serve as a "loving source of affection" for their children.
 
The court, guided by the assumption that the lifestyle of normal Italian children is self-evidently better, characterized the Lubavitch movement, through which Tali originally became religious, as a "totalitarian sect."
 
Thus, Mr. Dulberg won absolute authority over all educational decisions involving Nitzan and Danielle, with the explicit goal that they be exposed to the full range of Italian culture and a "normal life."

— Baltimore Jewish Times (41)

Note the abbreviated nature of the Baltimore Jewish Times coverage. The Times presents only the psychologists' conclusions and infers the Italians are bigots. However, the court must have seen the psychologists' evidence and arguments, and the court must have been convinced. The Times does not describe the Orthodox Jewish doctrines and practices that prompted the psychologists' concerns.

Nathan Lewin, an Orthodox Jewish Washington, DC lawyer, and Rabbi Raphael Butler, the executive Vice President of the Union of Orthodox Jewish Congregations of America ("Orthodox Union") at that time, arranged a meeting at the Italian Embassy in Washington, DC to protest the Genoa ruling. Mr. Lewin and Rabbi Butler should have been familiar with the details of the psychologists' testimony and the court's decision. They should have known the doctrines and the practices that worried the psychologists, and they should have been direct and forthright in correcting the record if the psychologists and the court were in error. Even if the psychologists offered no arguments or evidence to support their conclusions and the court reached its decision in the absence of information, Mr. Lewin and Rabbi Butler should have been quick to point out the folly.

Mr. Lewin wrote a follow-up letter summarizing the visit. (42) According to Mr. Lewin's account, neither he nor Rabbi Butler addressed the court's concern. Instead, Mr. Lewin and Rabbi Butler changed the subject: They charged that, in coming to its decision, the Italian court violated the United Nations Convention on the Rights of the Child. (We met Nathan Lewin in Sentence and Execution, [40] and watched him misrepresent Talmud death penalty law in the brief he wrote and presented to the US Supreme Court.)

Rabbi Butler's Orthodox Union also organized a letter-writing campaign targeting Italian public officials. A prepared letter was posted on the Orthodox Union web page. (43) A review of the letter reveals the same scarcity of information: It contains no specifics concerning the doctrines or practices that worried the psychologists, and no attempt to demonstrate that their concerns are misplaced or in error. Instead, the Orthodox Union urges supporters to protest the "injustice" of the ruling, and to scold the Italians for violating the UN International Convention on the Rights of the Child.

The following Italian officials are targeted:

Mayor of Venice
Massimo Cacciani
Plazzo Cavalli San-Marco 4089
Venice. 30100,
Italia
Phone: 011-39-041-2748111
Fax: 011-39-041-5200782/ 2748470
sindaco@commune.venezia.it

Office of the Minister of Justice
Min. Oliviero Diliberto
MINISTERO DI GRAZIA E GIUSTIZIA
Via Arenova, 70
00186 ROMA
Italy
Phone: 011-39-06-68851
Fax: 011-39-06-6868187

Minister of Foreign Affairs:
Min. Lamberto Dini
MINISTERO DEGLI AFFARI ESTERI
P. le Faresina, 1
00194 ROMA
Italy
Phone: 011-39-06-36912002
Fax: 011-39-06-36912006
rende@esteri.it

Secretary of the Foreign Minister of Italy
Fabrizio Rende
P. le Faresina, 1
00194 ROMA
Italy
Phone: 011-39-06-36912002
Fax: 011-39-06-36912006
rende@esteri.it
     Ambassador Sergio Vento
Permanent Representative of Italy to the United Nations
2 UN Plaza, 24th Floor
New York, NY 10017
212-486-9191 (Phone)
212-486-1036 (Fax)
E-mail at italy@un.int

Counsellor Mauro Politi
Mission of Italy to the United Nations
2 United Nations Plaza, 24th floor
New York, NY 10017
Fax: 212- 486-1036

Ambassador Ferdinando Salleo
Embassy of Italy
1601 Fuller Street, N.W.
Washington, D.C. 20009
Fax: 202-483-2187

President Carlo Azeglio Ciampi
PRESIDENZIA DELLA REPUBBLICA
Palazzo del Quirinale
00187 Roma
Italy
Phone: 011-39-06-46991
Phone: 011-39-06-46992696
Fax: 011-39-06-46993125

Prime Minister Massimo D'Alema
PRESIDENZA DEL CONSIGLIO DEI MINISTRI
Piazza Colonna, 370
00187 Roma
Italy
Tel: 011-39-06-67791
Fax: 011-39-06-6794569
Email: salastampa@palazzochege.it     

— Orthodox Union (44)

From the Orthodox Jewish perspective, surely this strategy is unwise. If the mother's case has merit, her case should be fought on its merit. But instead, Orthodox Jewry is organizing a letter-writing campaign to sway the judge and public officials with political pressure.

In November 1999, Capt. Dr. Sharon, Israeli psychologist and captain in the Israeli Defense Force (IDF), wrote a report supporting the mother's case. Like Mr. Lewin and Rabbi Butler, Capt. Dr. Sharon does not address any specifics: He makes no attempt to discuss the psychologists' arguments or which Judaic doctrines and practices caused the concern, and he makes no attempt to show their concerns were misplaced. Like Mr. Lewin and Rabbi Butler, Capt. Dr. Sharon changes the subject and claims the court's decision violated the UN's convention on The Rights of the Child.

What can a rational, unbiased observer conclude? If the Italian psychologists' concerns are based on misinformation about Orthodox Judaism, the representatives of Orthodox Judaism (and the Israeli psychologist) should correct the misinformation. But since the material issues are being avoided, what should a reasonable person conclude?

Could the psychologists be worried about the Talmud laws and doctrines we have discussed in Sex with Children by Talmud Rules? If so, how can issues concerning child welfare be settled unless people are forthright about their religious beliefs? How can people of different faiths come to an understanding if there is a lack of candor?

Post Script: In an ironic sequel, Rabbi Raphael Butler, Vice President of the Orthodox Union, was forced to retire over a child sex abuse case. This from the Star-Ledger of January 23, 2001:

Sex scandal fallout ends rabbi-exec's career 01/23/01

BY JOSH MARGOLIN
STAR-LEDGER STAFF
 
The sex and abuse scandal that has laid waste to the reputation of a prominent Bergen County rabbi has now claimed the career of the chief executive of the largest Orthodox Jewish organization in the world.
 
Rabbi Raphael Butler of Queens resigned Friday as executive vice president of the Manhattan-based Orthodox Union, less than a month after a special investigative commission found that inaction at the top of the organization allowed decades of abuse by Rabbi Baruch Lanner of Fair Lawn to continue unchecked.
 
The resignation took effect immediately, and there was no attempt to sugarcoat it as the Orthodox Union made it clear that Butler quit because he was one of the leaders who knew about Lanner's activities long before they were made public.
 
Lanner was found to have abused — sexually, physically and emotionally — teenagers entrusted to his care while he ran the New Jersey region of the National Conference of Synagogue Youth, the Orthodox Union's youth organization, and worked at two New Jersey yeshivas, both of them high schools.
 
Criminal investigations into Lanner's activities in Bergen and Monmouth counties are continuing.
 
source & full story:
http://www.njo.com/news/ledger/index.ssf?/jersey/ledger/121f0f2.html
 

— The New Jersey Star-Ledger, as relayed by David Icke (46)

    

Footnotes:   Full specifics for each of the printed sources are provided in the Bibliography. Outside URLs were valid at the time this article was written. However, be mindful that URLs do change.

1. "Endorsement of adult-child sex on rise," Washington Times, April 9, 2002: http://www.washtimes.com/culture/20020419-75530376.htm cached at http://www.come-and-hear.com/editor/ca-wt-04-19-02
2. "Loved and hated, 'Dr. Laura' receives award," Jewish News of Greater Phoenix, republished from the Jewish Telegraphic Agency: http://www.jewishaz.com/jewishnews/010323/laura.shtml cached at http://www.come-and-hear.com/editor/ca-laura-loved
3. Babylonian Talmud, Tractate Niddah, page 311, note 10 available in Come and Hear™ hypertext as Niddah 45a footnote 27 http://www.come-and-hear.com/niddah/niddah_45.html#45a_27
4. The study, "A Meta-Analytic Examination of Assumed Properties of Child Sexual Abuse Using College Samples;" see for example http://www.ilja-schmelzer.de/Rind/Rind1998.html
5. "Orthodox Group Honors Dr. Laura," Forward: http://www.forward.com/issues/2001//01.03.02/news6.html cached at http://www.come-and-hear.com/editor/ca-forward-01-03-02n
6. James Trimm exchanged emails with Seek God Ministries, who published his arguments on their web page, "James Trimm Responds," at http://www.seekgod.ca/jtrimm.htm cached at http://www.come-and-hear.com/editor/ca-trimm
7. See for example, StopDrLaura.com: http://www.stopdrlaura.com/laura/
8. "While the Messiah Tarries," Forward, Rabbi A. James Rudin, February 22, 2002: http://www.forward.com/issues/2002/02.02.22/oped2.html cached at: http://www.come-and-hear.com/editor/forward
9. America's Real War, page 40
10. Young Boy by Elisabeth Louise Vigee-Le Brun, 1817, oil on canvas 52x46cm, National Museum of Women in the Arts, DC
11. Babylonian Talmud, "Introduction," Seder Nezikin, Vol. I, page xxxiii available at http://www.come-and-hear.com/talmud/nezikin.html#xxxiii
12. "World Congress of Families Convenes in Washington," Concerned Women for America, 10/30/2001: http://www.cwfa.org/articledisplay.asp?id=1134&department;=CWA&categoryid;=family cached at http://www.come-and-hear.com/ca-cwa1
13. Babylonian Talmud, Tractate Sanhedrin, page 371, footnote 2, appears in Come and Here™ hypertext as Sanhedrin 54b footnote 24, http://www.come-and-hear.com/sanhedrin/sanhedrin_54.html#54b_24
14. "The Distilled Wisdom of Human Nature," Bellevue Breakfast Rotary Club: http://www.bbrc.net/REVEILLE_ARCHIVES/v14n32-021102/v14n32-021102/v14n32-021102.html cached at http://www.come-and-hear.com/editor/na-bbrc
15. "Methodist minister defends performing gay marriage," CNN, March 26, 1999: http://www.cnn.com/US/9903/26/gay.marriage.trial/
16. "An Archetypal Interpretation Jung and Kabbalah," The New Kabbalah http://www.newkabbalah.com/Jung3.html cached at http://www.come-and-hear.com/editor/freuds-gold-mine
17. "Fromm, Freud, and Midrash," Find Articles, The American Jewish Congress, (http://www.findarticles.com/cf_0/m0411/4_48/59120278/p1/article.jhtml cached at http://www.come-and-hear.com/editor/ajc-freud-gertel See also Freud and Kabbalah (http://www.newkabbalah.com/Freud.html) for a discussion of other connections between Freud's writings and Judaism
18. "'This Is Gold': Freud, Psychotherapy and the Lurianic Kabbalah," The Lurianic Kabbalah, http://www.newkabbalah.com/KabPsych.html cached at http://www.come-and-hear.com/editor/freud-with-zohar
19. "Controversial Studies Push Change in Society's View of Pedophilia," Newhouse News, March 26, 2002, http://www.newhouse.com/archive/story1c032602.html cached at http://www.come-and-hear.com/editor/ca-newhouse
20. European Traces of the History of Psychology, http://www.ric.edu/dcousins/europsych/sfreud.html
21. Babylonian Talmud, Tractate Sanhedrin 54b, page 371, available in Come and Hear™ hypertext as Sanhedrin 54b footnote 24 http://www.come-and-hear.com/sanhedrin/sanhedrin_54.html#54b_24
22. "Ask the Rabbi," Union of American Hebrew Congregations: http://uahc.org/ask/orthodo.shtml
    cached at http://www.come-and-hear.com/uahc-ortho-vs-reform
23. Babylonian Talmud, "Introduction," Seder Nezikin, Vol. I, page xxxiii available at http://www.come-and-hear.com/talmud/nezikin.html#xxxiii
24. Babylonian Talmud, Tractate Sanhedrin, page 371 footnote 5, in Come and Here™ hypertext as Sanhedrin 55a footnote 2, available at: http://www.come-and-hear.com/sanhedrin/sanhedrin_55.html#55a_2
25. Babylonian Talmud, Tractate Kethuboth, page 54 footnote 17, in Come and Here™ hypertext as Kethuboth 11a footnote 4, http://www.come-and-hear.com/kethuboth/kethuboth_11.html#11a_4
26. New Edition of the Babylonian Talmud, Vol. 8: "Sanhedrin," Chapter VII, page 166, shown in facsimile as Exhibit 7 in Jewish Religion: Its Influence Today. Also available at Sacred Texts http://www.sacred-texts.com/jud/t08/t0810.htm#fn_52 cached at http://www.come-and-hear.com/editor/rodkinson/t0810.htm#fn_52
27. See Social Legislation in the Talmud by Soncino Editor Rabbi Dr. Isidore Epstein, at http://www.come-and-hear.com/talmud/babamezia.html
28. "Healthy sex or unhealthy ideas?," CNN, April 24, 2002: http://www.cnn.com/2002/HEALTH/04/23/book.young.sex/
29. "AARP Lurches Left," Concerned Women for America, 2/20/2003: http://www.cwfa.org/articledisplay.asp?id=3344&department;=CWA&categoryid;=family cached at http://www.come-and-hear.com/editor/ca-cwa3
30. "Regional Meetings: Washington, D.C.," The Howard Center: World Congress of Families, http://worldcongress.org/WCF/WCF%20Reg/wcf_reg_dc_ufi.htm cached at http://www.come-and-hear.com/editor/ca-wcf
31. "Jewish law institute launched in DC," Jerusalem Post, November 9, 2002, http://www.jpost.com/servlet/Satellite?pagename=JPost/A/JPArticle/ShowFull&cid;=1036830287246, now moved to http://pqasb.pqarchiver.com/jpost/index.html?ts=1042784008 cached at: http://www.come-and-hear.com/editor/cp-jp-11-09-2002
    Also: "Jewish Law Comes to D.C.," The Jewish Week, January 8, 2003, http://www.thejewishweek.com/news/newscontent.php3?artid=7074 cached as http://www.come-and-hear.com/editor/cp-jw-01-08-03
32. In the United States, cohabitation means only "living together" or "living together in an assumed sexual relationship outside marriage." In the Soncino, the word seems to be used to denote sexual intercourse
33. "In Defense of Dr. Laura," The Jewish homemaker, http://www.ok.org/homemaker/tishrei61/person.html cached at http://www.come-and-hear.com/editor/na-jh-defense
34. Oedipus Complex Analysed, http://www.vuw.ac.nz/psyc/vornikFreud/oedip.htm
35. The Essential Talmud, page 3. Rabbi Steinsaltz's credentials formerly at http://www.steinsaltz.com/ravsacks.htm cached at: http://www.come-and-hear.com/editor/steinsaltz-honors
36. Toward Tradition, http://towardtradition.org/, link page at http://towardtradition.org/Links.asp cached at http://www.come-and-hear.com/editor/ca-lapin-links
37. "Jewish Law and the Supreme Court: Happy Millennium From an Ancient Legal Tradition," Project Next Step by Rabbi Yitzchok Adlerstein, http://projectnextstep.org/adlerstein-articles/jewish-law-supreme-court.htm cached at http://www.come-and-hear.com/editor/cp-adlerstein2
38. Babylonian Talmud, "Foreword," Seder Nezikin Vol. I, pages xxv-xxvi available in Come and Hear™ hypertext as http://www.come-and-hear.com/talmud/nezikin_h.html#xxv
39. "Mortara Affair Revisited," Baltimore Jewish Times, February 4, 2000 cached at http://www.come-and-hear.com/editor/na-bjt-02-04-00
40. Sentence and Execution is available at http://www.come-and-hear.com/editor/capunish_1.html
41. "Mortara Affair Revisited," Jewish Media Resources from Baltimore Jewish Times http://www.jewishmediaresources.org/article/264 cached at http://www.come-and-hear.com/editor/na-bjt-02-04-00
42. "Nathan Lewin's Definitive Letter to the Italian Government," Union of Orthodox Jewish Congregations of America, previously at http://www.ou.org/public/statements/1999/dulberglewin.htm (no longer available at original location, archived at http://web.archive.org/web/20020210022633/http://www.ou.org/public/statements/1999/dulberglewin.htm) cached at http://www.come-and-hear.com/editor/na-italiancase
43. "Sample Letter," Union of Orthodox Jewish Congregations of America, http://www.ou.org/public/statements/1999/dulbergsample.htm (no longer available at original location) cached at http://www.come-and-hear.com/editor/na-italiancase3
44. "Contact List for Dulberg Case," Union of Orthodox Jewish Congregations of America, http://www.ou.org/public/statements/1999/dulbergcontacts.htm (no longer available at original location, archived at http://web.archive.org/web/20020215071117/http://www.ou.org/public/statements/1999/dulbergcontacts.htm) cached at http://www.come-and-hear.com/editor/na-italiancase2
45. "Dulberg Case Information Center," Union of Orthodox Jewish Congregations of America, http://www.ou.org/public/statements/1999/dulberginfo.htm (no longer available at original location, archived at http://web.archive.org/web/20020215071117/http://www.ou.org/public/statements/1999/dulberginfo.htm)
46. "In the name of God/Lies, Frauds, Atrocities," David Icke http://www.davidicke.net/religiousfrauds/judaism/rabbisexabuse.html
    See also footnote 47
47. More information on the Rabbis Lanner/Butler case: "By showing dangers, Lanner case broke down Orthodox wall of silence," JTA, http://www.jta.org/page_view_story.asp?intarticleid=8080&intcategoryid;=4 cached at http://www.come-and-hear.com/editor/na-jta-lanner/
    and "O.U. scandal: Top official resigns," Jewish Bulletin of Northern California, http://www.jewishsf.com/bk010126/usouresignation.shtml cached at http://www.come-and-hear.com/editor/na-jsf-butler
48. According to many Rabbinical experts, the Talmud is the Word of God, the basic book of Jewish law, and the foundation of Jewish culture. See What Come-and-Hear™ Is About, Critical Words of Talmud Study, and More Critical Words of Talmud Study at http://www.come-and-hear.com/editor/about.html http://www.come-and-hear.com/editor/critwords_1.html and http://www.come-and-hear.com/editor/critwords_2.html respectively.

© Copyright Carol A. Valentine, 2003. See copyright statement at http://www.come-and-hear.com/copyright.html

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Printer Friendly Version Copyright Statement

The correct stance on copyright matters concerning printed material has been most elegantly expressed by Lubomyr Prytulak of the Ukrainian Archives (http://ukar.org/). There is nothing to be gained by rephrasing his statement, which we adopt as our own. See below.

Our specific policy is as follows:

All original work is copyrighted by Carol A. Valentine, on loan to Come and Hear™, a project of Public Action, Inc., a Virginia corporation. Permission is granted for unlimited non-profit redistribution by mirror web sites, recorded media such as CDs and DVDs, file transfer networks, or any other means. This permission is granted on the following conditions:

1. The text is not altered.
2. The integrity of the piece or any part thereof is preserved and not taken out of context.
3. That the copyright notice (referring to this page) is included with every copy.

Given the vicissitudes of modern life, the lack of guarantee for all men's fortunes, we urge all interested readers to copy this website to their own equipment at the earliest opportunity.

The non-original works incorporated in this website fall into the following classes:

• The Babylonian Talmud: When Elizabeth Dilling published her book, The Plot Against Christianity, it contained hundreds of pages copied from the Soncino Talmud. In the 40 years since her book was published, Soncino Press has not ever pursued a copyright claim against her. Doubtlessly, Soncino understood that no serious religion would attempt to suppress discussion of their holy books in such a manner.
   
  There is a principle in common law that, when private property is permitted for public use over an extended period of time, it cannot be thereafter be denied to the public. This principle is called public easement. In such manner have many trademarks passed into the public domain.
   
  In our case, however, the situation is even clearer. This Come and Hear™ presentation was created from the 1961 printing of the Soncino Talmud, which was published without copyright reservation.
   
  Making portions of this work available on the World Wide Web is equivalent to displaying it on the shelves of a library open to the public. Our purpose is educational: we do not seek financial gain from the ingenuity of others. Moreover, our hypertext presentation cannot not be considered a replacement for the printed volumes. We recommend purchasing the original work — in the 1961 edition, if possible.
   
  We respond to an important public challenge: America is rapidly becoming Talmudized:
   
  
  • In 1991, the US Congress declared the Talmudic Noahide Laws to be the basis "upon which our great Nation was founded" (see America's New Government Church). Under Noahide Law regulations, idolaters (which includes Christians by definition) are put to death.
     
    
  • In 1999, the Supreme Court agreed to consider an amicus brief based wholly on Talmudic law (see Death Penalty and Talmud Law: Sentence and Execution).
     
    
  • In November 2002, the American Orthodox Jewish community held a kosher dinner in the Supreme Court building to celebrate the establishment of the National Institute for Judaic Law. The dinner was attended by 200 people, including three Supreme Court Justices. The purpose of the Institute is to introduce Talmudic laws into the US legal system and law schools.
  
   
  Since the Talmud is becoming the template for public law in the United States, it is clearly the civic right and the civic duty of every American to become intimately acquainted with the Talmud. We step in with our hypertext version — in part — because an indexed, uncensored, unabridged Talmud is unavailable at local public libraries.
   
  
• The Jewish Religion: Its Influence Today: Our research indicates that no one holds clear title to the work and our publication is not an infringement on any legitimate claim. Moreover, this book is currently out of print and unavailable to the public. The fundamental purpose of the copyright law is to "promote the progress of science and useful arts" by protecting the interests of the author. We believe that were Elizabeth Dilling alive today, she would have a vigorous interest in making her writings available to the public. Seen from this light, it is obvious that Come and Hear™ is protecting her interest.
   
  Making this work available in hypertext form on the World Wide Web is equivalent to displaying it on the shelves of a library open to the public.
   
  
• All Other Works are covered by the Fair Use clause of the copyright law. Making these works available on the World Wide Web is equivalent to displaying them on the shelves of a library open to the public. Our purpose is educational: we do not seek financial gain from the ingenuity of others.
   
  

The copyright statement on the Ukrainian Archive site is succinct and elegant. We have reproduced and adopted the sections applicable to Come and Hear™, reproduced below.

Comment Concerning Copyright

The material in the Come and Hear™] site is made available as an educational and research tool on a non-commercial and fair dealing or fair use basis.

I share with many others the view that the act of displaying a printed document on the Internet as the equivalent of displaying the said document on the shelves of a library open to the public, but with the advantages that Internet publication can be accomplished at reduced cost and that the published items become accessible more rapidly and to a wider audience.

Interested readers are encouraged where possible to buy the original document from the publisher, which being on the printed page is not only handier to read and to work with, but is more detailed and complete, and is more likely to remain on the purchaser's shelf a decade or two from now than is the electronic copy to remain on the Internet or on the reader's hard drive for the same length of time.  With respect to the internet reproduction of photographs or works of art it may similarly be said that the Internet versions are typically severely cropped and of low resolution in comparison to the original hard-copy versions, which again places the Internet version in the role of an inducement to the user to consult the hard-copy original for a more informative or edifying experience.  It is acknowledged that in order to survive, publishers must be paid for their printed materials, and electronic reproduction of these materials in whole or in part is permissible only to the degree that it does not detract from hard-copy sales, and more particularly where it stimulates them.

As the Internet versions of hard-copy publications are inferior in detail, completeness, and longevity it is not possible for the former to compete with the latter; rather, Internet versions play a supportive role for hard-copy publications, pointing to their existence and sparking interest in them.  Thus, the beneficiaries of Internet publication are primarily the reader who is given readier access to the posted materials, the author whose work is given broader dissemination, and the original publisher whose name is brought to wider attention.  In fact, Internet publication sometimes approximates, and plays a role similar to that of, promotional material that the original publisher would otherwise have to pay fees to procure, or that he in parallel already pays fees to procure.

Relevant to the question of copyright might be the following laws on Canadian "fair dealing" and US "fair use," Article 19 of the United Nations Declaration of Human Rights, and as well an excerpt on Fundamental Freedoms from the Canadian Charter of Rights and Freedoms:

Canadian Fair Dealing

Canada's Bill C-32 (passed by parliament, but not yet declared)

29. Fair dealing for the purpose of research or private study does not infringe copyright.
   29.1 Fair dealing for the purpose of criticism or review does not infringe copyright if the following are mentioned:
      (a) the source; and
      (b) if given in the source, the name of the
          (i) author, in the case of a work,
          (ii) performer, in the case of a performer's performance,
          (iii) maker, in the case of a sound recording, or
          (iv) broadcaster, in the case of a communication signal.
   29.2 Fair dealing for the purpose of news reporting does not infringe copyright if the following are mentioned:
      (a) the source; and
      (b) if given in the source, the name of the
          (i) author, in the case of a work,
          (ii) performer, in the case of a performer's performance,
          (iii) maker, in the case of a sound recording, or
          (iv) broadcaster, in the case of a communication signal.     

U.S. Fair Use

Section 107.  Limitations on exclusive rights: Fair Use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
    1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
    2. the nature of the copyrighted work;
    3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
    4. the effect of the use upon the potential market for or value of the copyrighted work.     

Article 19 of the United Nations Declaration of Human Rights

ARTICLE 19.  Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.  (The Universal Declaration of Human Rights, adopted by the United Nations General Assembly on December 10, 1948)     


Canadian Charter of Rights and Freedoms

FUNDAMENTAL FREEDOMS.

2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.

...
Section 2(b) protects all forms of expression, whether oral, written, pictorial, sculpture, music, dance or film.  The freedom of expression referred to, moreover, extends to those engaged in expression for profit and those who wish to express the ideas of others, and to the recipients as well as to the originators of communication....  ...  The burden is on the person challenging government action to ... show that the activity in issue promotes at least one of the principles and values underlying the freedom.  Those principles and values are: that seeking and attaining the truth is an inherently good activity....  ...  The term "expression" embraces all content of expression irrespective of the particular message sought to be conveyed and no matter how invidious and obnoxious the message.    

The Pentagon Papers

Also relevant to the use of copyrighted materials on the Internet are precedents such as the publication by The New York Times and The Washington Post in 1971 of the Pentagon Papers — classified documents relating to the Vietnam War, stolen from the Pentagon by Daniel Ellsberg; as well as publication over the Internet of the Tobacco Papers stolen from Brown and Williamson by employee Dr. Jeffrey Wigand.

Concerning the publication of the Pentagon Papers, I reproduce a few quotations below from The New York Times Staff, The Pentagon Papers: The Secret History of the Vietnam War, Bantam, New York, 1971.  The relevance of the Pentagon Papers quotations lies firstly in that the freedom of dissemination of information which is not only prized, but is essential to the functioning — indeed the survival — of our society is not only a freedom of the press, but rather a freedom of dissemination of information through all media, including today's Internet.  The relevance of the Pentagon Papers quotations below lies secondly in that the institutions susceptible to corruption are not only governments, but also non-governmental institutions — sometimes more powerful than governments — which therefore need just as badly to have corrected their tendencies toward secrecy or toward broadcasting manipulative disinformation.  Indeed, sometimes it may be the case that the press itself stands as a monolith practicing deception upon the people, and in such a case would fall the responsibility of correction to non-press channels of communication, among them the Internet.  To imagine that the press was immune from the same temptations to secrecy and disinformation as is the government or business would be unrealistic; and any such argument coming from the press must be greeted with the same incredulity as it would be coming from the government or business.  The freedom to disseminate information, thus, must be seen as a freedom not only of the press to expose deception by government, but as a freedom by all to expose deception by all, and more generally a freedom of all to communicate to all.

What was the reason that impelled The Times to publish this material in the first place?  The basic reason is ... that we believe "that it is in the interest of the people of this country to be informed...."  A fundamental responsibility of the press in this democracy is to publish information that helps the people of the United States to understand the processes of their own government, especially when those processes have been clouded over in a hazy veil of public dissimulation and even deception.

As a newspaper that takes seriously its obligation and its responsibilities to the public, we believe that, once this material fell into our hands, it was not only in the interests of the American people to publish it but, even more emphatically, it would have been an abnegation of responsibility and a renunciation of our obligations under the First Amendment not to have published it.  (Excerpt from a New York Times editorial of June 16, 1971, in The Pentagon Papers, 1971, p. 644)    

"A cantankerous press, an obstinate press, an ubiquitous press, must be suffered by those in authority in order to preserve the even greater values of freedom of expression and the right of the people to know," Judge Gurfein declared.  "These are troubled times.  There is no greater safety valve for discontent and cynicism about the affairs of government than freedom of expression in any form."  (Excerpt from a New York Times editorial of June 20, 1971, in The Pentagon Papers, 1971, p. 645)    

The material was not published by The Times for purposes of recrimination or to establish scapegoats or to heap blame on any individual in civilian or military ranks.  It was published because the American public has a right to have it and because, when it came into the hands of The Times, it was its function as a free and uncensored medium of information to make it public.  This same principle held for The Washington Post when it too obtained some of the papers.  To have acted otherwise would have been to default on a newspaper's basic obligation to the American people under the First Amendment....  (Excerpt from a New York Times editorial of June 21, 1971, in The Pentagon Papers, 1971, p. 645)    

Yet the Solicitor General argues and some members of the Court appear to agree that the general powers of the Government adopted in the original Constitution should be interpreted to limit and restrict the specific and emphatic guarantees of the Bill of Rights adopted later.  I can imagine no greater perversion of history.  Madison and the other framers of the First Amendment, able men that they were, wrote in language they earnestly believed could never be misunderstood: "Congress shall make no law ... abridging the freedom of the press."  Both the history and language of the First Amendment support the view that the press must be left free to publish news, whatever the source, without censorship, injunctions or prior restraints.

In the First Amendment the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy.  The press was to serve the governed, not the governors.  The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government.  The press was protected so that it could bare the secrets of government and inform the people.  Only a free and unrestrained press can effectively expose deception in government.  And paramount among the responsibilities of a free press is the duty to prevent any part of the Government from deceiving the people and sending them off to distant lands to die of foreign fevers and foreign shot and shell.  In my view, far from deserving condemnation for their courageous reporting, The New York Times, The Washington Post and other newspapers should be commended for serving the purpose that the Founding Fathers saw so clearly.  In revealing the workings of government that led to the Vietnam war, the newspapers nobly did precisely that which the founders hoped and trusted they would do.  (Mr. Justice Black, with whom Mr. Justice Douglas joins, concurring in the U.S. Supreme Court decision in favor of The New York Times, in The Pentagon Papers, 1971, p. 663)    

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