ma SRAEliS MISSION ^S PEACE " LIBRARY UNIVERSITY Of CALIFORNIA SAN DIEGO presented to the UNIVERSITY LIBRARY UNIVERSITY OF CALIFORNIA SAN DIEGO by ZTbe Ethics of BY M. LAZARUS, PH. D. TRANSLATED FROM THE GERMAN BY HENRIETTA SZOLD IN FOUR PARTS PART I PHILADELPHIA THE JEWISH PUBLICATION SOCIETY OF AMERICA 1900 COPYRIGHT, 1900 BY THE JEWISH PUBLICATION SOCIETY OF AMERICA THE FRIEDENWALD COMPANY BALTIMORE, MD., U. S. A. DEDICATED To THE MEMORY OF MY NOBLE FRIEND WlLHELM VOX GUTMANN THE JEWISH PUBLICATION SOCIETY OF AMERICA, having secured the American and English rights to the EtJiik des Juden- tluniis by Professor M. Lazarus, is now enabled to render accessible to its mem- bers and to other English-speaking persons the first portion of this important book. It is hoped that succeeding volumes will fol- low at regular intervals, and that when com- pleted it will serve to make clear the inner life of Judaism, as the History of Graetz portrayed the part which the Jews have played in the world. Doctor Lazarus, now in his 76th year, for a long time Professor in the .University of Berlin, has during half a century been making fruitful researches in various fields of science and Jewish learning. The work now presented in an English dress is his crowning service in the cause of Judaism. PREFACE This book has a history, but it is a his- tory that will engage the interest of those only who have made the acquaintance of the book itself. Therefore I reserve it for the end of the second and last volume. There the reasons, purely internal, will ap- pear why almost fifteen years elapsed be- tween conceiving the plan to produce an " Ethics of Judaism " and its present reali- zation. There, too, honest account shall be rendered of assistance sought and found by the author. Yet I cannot refrain from mentioning here a few at least of my friends and pupils who were good enough to give me their efficient aid especially while the book was passing through the press. Herewith I express my deep grati- tude to Mr. Meyer Friedman, Reader at the x PREFA CE Beth ha-Midrash in Vienna; Professor M. Guggenheim, Ph. D., of Zurich; Mr. I. I. Kahan of Leipsic; Dr. Alfred Leicht, head- master in Meissen; Dr. Tanzer of Hohen- ems, Rabbi of Tyrol and Vorarlberg; and Dr. Unger, Rabbi in Iglau. Of the task and the method of the work, the first chapter gives a minute description. One fact, however, I should like to empha- size here. The reader may expect me, an ethno-psychologist, to institute compari- sons with other modes of thought related racially and philosophically a method that leads to apologetics as its result, and re- quires polemics as its aid. All such temptations I put behind me with open eyes. Even analogies with the ethical doctrine of other ancient peoples are adverted to only incidentally and cursorily. Naught of apologetics! A purely ob- jective statement was aimed at, and it must PREFA CE xi speak and act for itself. An exception was made only in the case of E. von Hartmann. His charge against every system of ethics based on theism is refuted from the point of view of Judaism. As for polemics, nothing could have jus- tified its introduction; "if thou wilt make an altar, thou shalt not wave thy sword over it; for if thou wavest thy sword over it, thou hast polluted it " (Exod. 20:25). LAZARUS Meran, Tyro!, September /j, 1898. PART I FOUNDATION OF JEWISH ETHICS CONTENTS OF PART I FOUNDATION OF JEWISH ETHICS PAGE CHAPTER I. On the Sources of Jewish Ethics i CHAPTER II. The Principle of Jewish Ethics . 107 CHAPTER III. The Character of Jewish Ethics . 189 APPENDIX 247 CHAPTER I ON THE SOURCES OF JEWISH ETHICS i. The Bible is the text-book of Jewish The literature of Jewish Ethics. Ethics. Next rank the Rabbinical writ- ings, that is, the Talmud, the Talmudic Midrashim, and the later Midrashim, and they, in turn, are followed by religious and philosophic works, which elaborate and continue the ethical thought of earlier times. 2. The Bible in all its parts bears an Biblical teaching by ethical impress : the legal books contain ^ eans of h ! stor ical narratives, explicit and definite laws for the regulation of man's conduct; the historical books present examples, attractive or repellent, as the case may be,. of deeds good .and just, generous and stimulating, or unjust and iniquitous; the Prophets are full of precepts and exhortations looking to the elevation and strengthening of character; and the etc. Rabbinical .scussion. THE ETHICS OF JUDAISM poetic, philosophic, and proverbial writings inculcate and extol virtue, adduce noble views and noble conduct as exemplars, and make their opposites appear despicable. In the same way the Rabbinical writings pre- sent direct teachings, examples, impressive admonitions, and instructive reflections. They expound, and so enrich and invest with deeper meaning, the moral import of Biblical deeds and words, thoughts and mo- tives. Manifold 3- Biblical thoughts become more and application of . Biblical more applicable as life vanes its mamfesta- thoughts to life; the ls ^guide! tions, as the relations of men become closer, and the forms and aims of society are differ- entiated. The. words of the Bible are in- terpreted by and for the fulness of life. Thus, on the one side, the Biblical word, considered broadly as the word of God, is entrenched in its dignity, and extended in influence; and on the other side, life se- cures a guide, a shaping force, an impulse. 4. Human activity, with its motives, ef- THE SO UR CES OF JE WISH E THICS 3 forts, and aims, has its origin in the in- origin of human activity in the stincts, the material needs, and the intellec- establishes Ethics tual demands, which fill and animate the OTder, r and n peace among them. soul of man. The purpose of ethics is to assign definite boundaries to all instincts clamoring for satisfaction, to establish order among contradictory demands, and har- monize the opposing claims that arise in social intercourse. 5. But ethics has a more important An ideal, moral world results function than securing moderation, order, a ^eningof j , i . f T , new and nobler and peace among the instincts of man. It desires. must produce new desires, higher and nobler than his original impulses; must create new needs in his soul, and provide for their satisfaction ; must teach individuals and society motives, forms of activity, above all, methods of co-operation, and valid aims removed far beyond the gratifica- tion of elementary cravings. Upon the natural world as a foundation should be reared a second structure, a spiritual and ideal structure the moral world. THE ETHICS OF JUDAISM its foundation 6. The foundations of the moral world as in the Bible and c nti " u ^ i . I ? "J conceived by the Jewish mind are laid in the the Rabbinical J J W inte^?etati r on Bible. The Rabbinical writings continue of the Bible, by the method of the upbuilding of the structure according: the thirty- two rules. to a p ecu ij ar method, gradually crystalliz- ing into thirty-two rules. By this method a free, an almost unlimited application of Biblical expressions is made, in order to deduce from them, or read into them, ori- ginal and progressive moral ideas, 1 This method 7. Through this persistent and unre- secures homo- untra e mme a ied strained application of the Bible word a development. , '.L 1 1 marvelous spiritual phenomenon is pro- duced. 2 By the interweaving of older thoughts with the intellectual work of the individual, amazing unity is brought about 1 See Appendix No. i, p. 247. * This noteworthy circumstance has, to my knowl- edge, not received due attention and historical ap- preciation, despite the fact that the creative activity of other nations offers no parallel. (Suggestions of the same method in the Alexandrian ^chool, and later among the Arabs, are probably of Jewish origin.) The importance of the phenomenon ap- pears only when we turn from the intellectual work THE SO UR CES OF JE WISH E THICS 5 in the expressions of the national spirit a uniform, progressive development of tra- ditional ideas, an interpenetration of moral doctrines, ethical convictions, and tenden- cies of conduct. The paradoxical asser- tion may be ventured, that the moral ele- ment in the national spirit is preserved as a homogeneous unit, yet with unrestricted liberty of development. The differences between epoch and epoch, the peculiarity of historical condi- tions, the individuality of thinkers, vanish in the face of the prolific yet uniform devel- opment of the triumphant national spirit a development that depends upon the evo- lution of fundamental thoughts, and draws of the individual, its literary worth, and its place in the history of literature, to take note of the national spirit and its evolution. To consider a psychic pro- duct for example, the development of a thought as an isolated achievement, or in its relation to the history of literature, is very different from consider- ing it as a contribution to the life and progress of what essentially constitutes a school, religion, state, or race. THE ETHICS OF JUDAISM its strength from the primary source of ideas. The work of the 8. All work, it is true, is done by indi- individual a manifestation of viduals. We have nothing beyond the the national J spirit pief"ever dicta of definite (known or unknown) per- assailed. Mai- 1 - monides- truly sons. Intellectual products are brought Jewish personality. f or th at certain times and under given con- ditions. Yet, throughout the domain of Jewish wisdom and intellect, the temporary, the accidental, the individual, has but small share ' in the power and dignity of the preg- nant development that obeys the deepest impulses of the national soul, and issues from its primordial manifestations. Indi- vidual contributions are products of the national spirit, to which the author merely gives tangible shape. Again, whatever is alive in the community finds expression in the words or works of individuals. For, however thinkers and teachers may 1 In this respect essentially different from the method and the form of intellectual development characteristic of other nations. THE SO UR CES OF JE WISH E THICS 7 differ in character and mode of living, the air they breathe is the same, their life-blood flows from a common source, one heart- beat throbs in their pulses. None denies, or assails, or essentially modifies the funda- mental thoughts, the opinions, the princi- ples which close investigation discovers in Bible and Talmud. Maimonides, for ex- ample, developed into the original thinker he was by virtue of a union of Arabic and Greek with Hebraic culture. Yet only his less high-minded and less cultivated ene- mies could fail to discern that, striking as his personality was, it was a thoroughly Jewish personality. In the life of a plant or other organism, it is immaterial whether a given mass of molecules or another similar mass under- going metabolic changes effects its preser- vation and reproduction; that is, promotes its permanence under the law of evolution. So the individual and his prominence in his generation disappear before the impelling 8 THE ETHICS OF JUDAISM force of national ideas and before the laws determining their development.' This continuity o. To this continuous activity of the makes possible Jewish mind in the domain of ethics is due of e system a in the possibility of formulating a complete the sources. system of moral doctrines, although in the sources, the Bible and the Talmud, they ap- pear only in isolated sayings and expres- sions, never in a systematic form. objective con- io. Accordingly, a statement of the tinuity, subjective presentation, ethics of Judaism is 'equivalent to demon- strating the inner connection of all scat- tered moral sayings. In other words, the essential task is to show that a system is present in the manifold ethical activities of Judaism. The systematizer is to transform the great mass of scattered ethical expres- sions into a homogeneous unit. His sub- 1 It must be remembered that, though the progress of thought tends towards ideal perfection, and at times more or less closely approximates it, yet it can never reach ideal perfection, because it is ham- pered, like all that is human, by the necessary ad- mixture of individual elements and their natural limitations. THE SO UR CES OF JE WISH E THICS g jective action must, however, be performed upon an objective basis the ba*sis afforded by the inherent continuity of all ethical requirements, manifestations, and ordi- nances. He must put himself entirely at the service of the homogeneous subject- matter, must identify himself with it. And the more searching the investigation of the ethical subject-matter as revealed in single concepts, the surer the attainment of a systematic, unified result. The continuity of the ethical cosmos need not be created. Actually existing, it need only be recog- nized and exhibited. For this reason, the traditional sources alone are to be drawn upon, and the sub- ject-matter so obtained is to be put into systematic form, according to logical order and sequence. In the earlier as well as the later stages of productive activity, this in- herent system the inner, unbroken con- nection of all ethical thoughts, constituting in the aggregate the moral theory of Juda- 10 THE ETHICS OF JUDAISM ism was tacitly accepted as a premise. In fact, it often attained to naive expression- in the view that upon a certain commandment under discussion " all others depended " (m rwfcnn). Tracing ethical n. A favorite occupation of the Tal- thoughts to early sources a favorite niuclists was to establish the continuity of theme in Tal- * 1C ExImpifs! moral doctrines; in other words, to derive late ethical thoughts from earlier sources and ultimately from the Bible .itself. It must be admitted that the later meaning is often read into the older text only by means of an artificial method of interpretation. A fine example is offered by the injunction to exercise extreme care not to put nor per- mit others to put a fellow-man to the blush in public. There are touching instances of the self-denial of great men in shielding even unknown offenders against disgrace. A beautiful series of typical anecdotes and Bible interpretations dealing with this subject is traced from R. Meir to Samuel the Little, from him to Hillel, then through THE SO UR CES OF JE WISH E THICS \ \ Shechaniah ben Jechiel (Ezra 10:2) and Joshua back to Moses himself. 1 12. To discover and formulate the Jewish ethics independent of system of Jewish ethics requires deep non-Jewish * r models. From study of its genuine sources and of them ?ol s S ei des alone. The work of systemization doubt- less demands a mind disciplined by the study of philosophy and its history, but it will not do to draw the plan of Jewish ethics in imitation of foreign patterns. From Maimonides down to Fassel, in the present century, attempts have not been lacking to fuse the scattered doctrines of Jewish morality into a system modeled after alien philosophies as to form, state- ment of principles, and methods of deduc- tion. Such a course cannot possibly lead to true recognition of the specific meaning, the peculiar nature, of the Jewish theory of the moral life. At bottom, Maimonides expounds the ethics of Aristotle, and Fassel the ethics of W. T. Krug, save that single 1 Sanhedrin n a . See Appendix No. 2, p. 248. 12 THE ETHICS OF JUDAISM ideas borrowed from the one or the other system are proved Jewish by means of Bible verses and Talmud passages. 1 specific char- 13. The Jewish intellect and its promi- aeter of the throve! 1 nent exponents have again and again been Mafrm>nides y enriched by a knowledge of the mental pro- ducts of other nations. But precisely in the moral theory of life the peculiarity of the Jewish spirit asserts itself most clearly, and maintains its independence most vigorously. Maimonides misunderstood his task in pin- ning his faith to the scientific form and the principles of Aristotle, yet even he, in spite of foreign guidance and system, preserved the essence and independence of the Jewish view of life and the world. The ideas must 14. In a system of Jewish ethics, then, be Jewish, the form may only such ideas may be presented as are be new. J of undoubted Jewish origin; that is to say, they must be drawn from living facts (see 2 and hereafter), or be expressed in traditional sayings. 1 See Appendix No. 3, p. 248. THE SO UR CES OF JE WISH E THICS 1 3 It must be remembered that the origina- tors of such sayings neither spoke nor thought as we do. Literal translation into our language often fails to convey the author's conception. Not only his words must be put into our language, but his mode of thought must be transposed into ours. 1 Psychic forms of various kinds a plastic image, a simile, an allegory may hold equal contents; a concept may be ex- pressed in direct or in figurative language. To secure thorough understanding of a tra- ditional idea, the spiritual vesture best suited to bring it home to us must be selected. 15. The true purport Of the SayingS Therefore, inves- tigation of the must first be elicited by impartial examina- tne 6 s^ect ng of tion, and then stated as we conscientiously ^"of'hJtoricai conscience rather believe the authors would have stated them. than philological skill. Examples. had they been our contemporaries. Not the word, but its real inwardness, is the im- portant consideration. The shackles of a 1 See Appendix No. 4, p. 254. 14 THE ETHICS OF JUDAISM strange mode of expression and thought must be loosed, and the essence of the idea newly presented in an intelligible form. Sometimes a peculiar and intentional brev- ity (affected by the Prophets and still more by the Rabbis); sometimes a fanciful, not to say fantastic, mode of expression con- ceals rather than reveals the idea. For us it is to bring about its revelation, which is facilitated by uninterrupted tradition and a progressive transformation in meaning. 1 The perfection with which the task is ac- complished depends on historical con- science rather than philological skill. Again and again, especially in the statement of principles, we shall find ourselves face to face with the necessity of drawing infer- ences. For the present purpose a few illus- trations will suffice. The saying, " The ark 1 As, analogously, the identity of a word in a daughter language or in a later stage of a language is recognized in its various forms and changes by means of Grimm's law. THE SO UR CES OF JE WISH E THICS \ 5 of the covenant bears its bearers; it is not the priests that bear the ark," ' doubtless means that the ethical life draws even the physical forces it needs from the fountain- head of the idea; the developments of the idea are in no wise produced by physical needs, forces, and gratifications. In other words, the ethical cannot and may not be derived from nature; the idea must refine nature, and use her in its own service. Again, the thought expressed by Kant in these words: "If justice is subverted, man's existence on earth is of no value," was anticipated by the Rabbis in the alle- gorical form, that God would make chaos to reign again, if humanity did not take upon itself the responsibility of the Law (see part n, 230 scq.). The phrase in Ecclesiastes (i : 9), " there is no new thing under the sun," is com- mented upon by the Rabbis of the school 1 Shemoth Rabbah, ch. 36. See Appendix No. 5, P- 254. 1 6 THE ETHICS OF JUDAISM of Jannai in this wise : " not under the sun, but above it." Without a doubt their meaning was that the material world, regu- lated by invariable laws, is unchanging; but the realm of morality, on a plane over and beyond that of nature, presents new phe- nomena. The natural world is completed by the originality of the moral order of existence. Later on (118), we shall expa- tiate upon the full meaning of this thought, whose essence is the absolute negation of every purely naturalistic basis of ethics. At present, it is sufficient to discover the thought underlying the figurative language of the Rabbis. That it is the meaning in- tended is proved by the recurrence, in Rab- binical literature, of the view, in various guises, that the moral world is an indepen- dent complement of the natural world; as in the sentence : " He who does a moral deed, as, for instance, the judge who pro- nounces a righteous judgment thereby 1 Sabbath 3O b . THE SO UR CES OF JE WISH E THICS 1 7 associates himself with God in the work of creation." 16. But a statement of the ethical sys- Tradition a source of ethics; tem of Judaism must depend upon sources theTrce 1 behhTd t outside of the ethical doctrines explicitly nomeaa, such as, formulated and transmitted as such. D61- linger's just characterization of the religi- ous ideas of the Jews is equally applicable to their moral teachings and principles. " The Jewish people," says Dollinger, " moved in a circle of religious ideas part of which only were expressed in its sacred literature." After referring to the exist- ence of a body of oral traditions, he con- tinues : " Far from being a lifeless deposit in the hands of a people living in spiritual stagnation, they were instinct with the power and the impulse to develop organi- 1 Mekhilta Yithro, ch. 2, in connection with the classical passage in the Introduction to Jacob ben Asher's Code, Tur Choshen Mishpat, ch. i, i. See Appendix No. 6, p. 255. 1 Dollinger, Heidenthum und Judenthum, Vorhalle sur Geschichte des Christenthutns, p. 819 seq. 1 8 THE E THICS OF JUDAISM cally and steadily. Tradition, on the one hand, and the religious condition of the nation, its whole history, on the other hand, acted and re-acted vigorously upon each other . . ." In later times, too, when all tradition was piously cherished and culti- vated in the academies, it was reduced to writing only occasionally and by chance, in the case of learned discussions or homi- letic discourses. Universal truths especi- ally were formulated only incidentally, by single individuals. Despite the fact that in the academies general principles ( txWn ) were prized above particular statements, those to whom we owe the preservation of the old traditions as a rule preferred the concrete, the living, the practical, and were disposed to neglect abstract deductions. Yet the moral element in the whole mass of traditions is distinctly recognizable. It re- veals itself unmistakably as the active force behind certain historical phenomena. The most important of these phenomena was ; THE SO UR CES OF JE WISH E THICS \ 9 17. The rise of a new form of idealism, Development of a new form of induced by strengthening all laws (develop- rSorwmenT 11 ment of the Halachah), spreading their new modTof we in the Jewish knowledge, and enforcing their execution, community after the fall of the When the Jewish state and the political fffiSS i r 1 T i ben Zakkai independence of the Jewish people had emphasizes three ethical springs been overthrown, and the ruin of the Tem- dmttc : rfUw' ... ,. .... , spiritual life, pie had put an end to the unity of the cult, which had been the most peculiar mani- festation of the national spirit, a new life was awakened, a new mode of communal existence developed new not alone for the Jewish race, but also for humanity at large. Such a change had not been known before, none like^ it has since taken place. Three aims were emphasized by the men who as- sumed spiritual leadership immediately after the destruction of the state and the Temple, especially by R. Jochanan ben Zakkai, his associates, and his successor. The first aim was, in general, the elevation of the spiritual life. Study, research, knowl- edge, wisdom, were extolled beyond every- 20 THE ETHICS OF JUDAISM thing: " If thou art well versed in the Law, do not boast of it, for to that end thou wast created." Learning replaced all other pursuits promoting civilization that were followed under the protection of the state. The best minds were attracted to it. Rarely serving practical utility among the Jews, it alone hallowed life, and satisfied its yearn- ings. Science was cherished as a common good, an ideal possession, the spiritual bond and incentive of communal life. 2 by the founding 1 8. From this time on the homiletic dis- of academies and the development course (the remains of which were pre- of the homiletic ree - served in the Talmudic and in the later Mid- rashim), with its exposition of laws and its hortatory appeal to the hearts of the people, grew more and more frequent, spreading 1 Aboth 2: g. 2 Among the Greeks, especially in the period of political decline, the cultivation of learning was left purely to individual devotion and taste; and in Rome science never entered into the program of the state. Cicero's attempt, in his oration pro Archia, to prove it a matter of public interest is the best evidence that it did not exist as such. THE SO UR CES OF JE WISH E THICS 2 1 among the masses the spiritual food pre- pared in the academies. It is obvious that such lively mental activity, on whatever subject it exercised itself, inevitably tended to increase the sum of ethical convictions and bring about moral discipline in the community. 19. The second aim was to lay stress secondly, charity, as an ideal upon the importance of benevolence and element. charity, the love men bear one another. In view of the lawlessness superinduced by the loss of independence and by the oppres- sion exercised by the Roman rulers, the prosperity of communal life demanded larger benevolence, devotion, forbearance, and love than had been necessary in the free commonwealth. Charity was express- ly designated the ideal element which was to compensate for the ruined Temple, for the unity of worship, as well as for the loss of political power. Jochanan ben Zakkai offered as a solace for the discontinuance of sacrifices following upon the destruction of 22 THE ETHICS OF JUDAISM the place of sacrifice, the realization of the old Prophetical view proclaimed by Hosea in the words : " Love I demand, not sacri- fice " (Hos. 6:6); Thirdly, the 2O. The third aim urged at this time of completion and establishment providing Judaisti) with a. new basis was the completion and establishment of law in general and the religious and ceremonial laws in particular. Simple evolution had to be supplemented by a more conscious process. In their furtherance of natural progress, schools and parties had gradually been betrayed into wrangling. Their dis- putes had to be adjusted, and all made to bow before a firmly established authority at one with itself. Ethical bearing 21. The significance, from an ethical of the estab- lishment of law. point of view, of a symmetrical develop- ment and exact statement of the law in all its ramifications is obvious. Private and social life is so profoundly affected by the 1 Comp. i Sam. 15:22 and see Aboth de R. Na- than, 4. THE SO UR CES OF JE WISH E THICS 2 3 provisions of the law of property and con- tracts, of marriage and inheritance, the penal law and the law of procedure, with all their premises and consequences, that their authoritative definition is necessarily ante- cedent to the foundation of ethical conduct. 22. The ethical importance of the cere- The value of ceremonial laws: monial law will be discussed later on. Here 1 - The y area source of moral it is necessary only to mention some of the lament with law and duty. elements that make the legal prescriptions of a religion a source of ethical instruction and training. In the first place, they inter- weave the whole of human life with com- mands and their fulfilment. Work and pleasure alike are regulated by injunctions. Kant eliminates every non-essential from the ethical concept of the good in the fol- lowing expression : " There is no good in the world or outside of it except a good will." But a good will is a will in agree- ment with duty and law. This basis and value of the ethical are corroborated and realized by every form of law-abiding con- 24 THE ETHICS OF JUDAISM duct. We shall see (in part n, ch. v) that the Rabbis consciously deduced the ethical value of obedience to law from this its formal significance, and made use of it as an ethical disciplinary measure. 2. They express 23. The network of ceremonies inter- the moral unity l ac * n g n fe symbolizes another formal aspect of morality, higher than the last. Lotze justly insists, that " the first formal condi- tion of all moral living is the personality of the human agent. He is to be a unit, not a bundle of various, disjointed sensibilities and instincts. For the sake of unity, the soul striving after the moral ideal may not suffer its notions to undergo the unstable, inconsequent changes prohibited by the duty of truthfulness." Rabbinism collects, arranges, and in par- ticular fortifies all traditions, hedging the life of the individual and the community about with law-bidden religious practices. Laws encompass the times of the day, the 1 Geschichte der Aesthetik, p. 97 seq. THE SOUR CES OF JE WISH E THICS 2 5 seasons of the year, the phenomena of na- ture, the fortunes of men. Each and every- thing connected with the work and the joy of human life is consecrated by a benedic- tion, a symbolic act, a custom obeyed. Thus the various activities of body and mind are reduced to a homogeneous and organic unit. The constant reference of all mani- festations of life to God and his law is the plainest symbol of an harmonious moral nature true to itself. As such it was re- garded and taught by the Rabbis, as well as exemplified in their conduct. This idea, that the unity of the agent conditions all true morality, is suggestively conveyed in the daily prayer for enlighten- ment and elevation. In the words of the Psalmist (Ps. 86:11), the petition is made, " Cause our hearts to become one and united." * 1 13*33^ irPl- Gesenius (ed. 10) says under -irv. " to unify, unite, keep together (one's thoughts and de- sires; opp. sich zerstreuen, to divert the mind)." 26 THE ETHICS OF JUDAISM 3. Their execu- 24. This merely formal estimate of obe- tion involves the performance diencc to ceremonial injunctions is con- ideal bearing. nected with anot her effect, psychologically higher and more valuable. By religious practices men are again and again liberated from the thraldom of material life and everyday duties, emancipated from the tyranny of utilitarianism and pleasure-seek- ing, and raised above sensual indulgences, ordinary as well as refined. Whatever they do or plan, they are in the atmosphere of acts that serve ideal interests exclusively. 4. Especially in 25. But from an ethical point of view their character as symbols of these formal and abstract motives for the ethical ideas. observance of ceremonial laws are not so important as the circumstance that all acts prescribed have a definite meaning. The main, consideration is not the fulfilment of duty, nor even its fulfilment for the sake of God, but the meaning attached to every practice. All religious customs have a symbolic meaning. They are symbols of religious, more often of ethical ideas, and THE SO UR CES OF JE WISH E THICS 27 the Rabbis, from oldest times down to the present, have been indefatigable and un- surpassed in explaining and inculcating the ethical thoughts hidden under symbolic guises. I adduce one example: 26. Symbolic acts are meant to arouse Historical reminiscences historical memories, in order to lead up to aroused by symbolic acts. the ethical teaching and exhortation issu- Igjt? f; rT r notion of liberty ing from them. I he exodus from Egypt and of man's ethical vocation. was unique in the history of the Israelites. 1 It gave birth to the nation and the state. In the Roman period, when these results of the great event were made nugatory, nationality and government both having been destroyed, and when vigorous Rab- binism was in the ascendant, all commands, festivals, customs, and ethical teachings 1 And, indeed, in the history of mankind at large. Does history know of another horde of slaves trans- formed into a highly cultivated people? (Comp. Deut. 4:34. the religious aspect of the thought, which, however, in the words, " to take to himself a nation from the midst of the nations," goes straight to the ethno-psychological root of the matter.) See note to 167, p. 231. 28 THE ETHICS OF JUDAISM were brought into connection with the go- ing out from Egypt. Whatever was noble, edifying, devotional, became commemora- tive of the Exodus (onvo nwh IDT). Even in the Pentateuch ethical teachings are connected with Egyptian reminiscences. There it is the memory of the sojourn in Egypt, the condition of the people as aliens and an oppressed class, that is used as the vehicle of ethical commands, especially to dispose the people to justice and gentleness towards the stranger, to mildness and mag- nanimity towards the downtrodden; "for ye know well the spirit of the stranger " (Exod. 23 :9). The Prophets and Psalmists, on the other hand, employ the great historical event to give reality chiefly to the religious idea of God's providence and grace. The Rabbis, finally, deduce from it the two fundamental elements of man's ethical education : the notion of liberty and the notion of man's ethical task. THE SO UR CES OF JE WISH E THICS 29 Political and even civil freedom was lost. The Roman Pharaohs, if they did not exact labor, the more despotically exacted prop- erty and blood, and aimed at the annihila- tion of ideal possessions the Law, its study, and its execution. Yet the notion of liberty, inner moral and spiritual liberty, cherished as a pure, exalted ideal, possible only under and through the Law, 1 was asso- ciated with the memory of the redemption from Egyptian slavery, and this memory in turn was connected with symbolic practices accompanying every act, pleasure, and cele- bration. 27. How the notion of liberty is con- connection between the nected with that of man's ethical vocation, tvvo notions. with his essentially moral nature and task, the Rabbinic mind has presented vividly, in an exuberant variety of ways. That Israel, and with Israel all mankind, was redeemed, not at the Red Sea, but at Sinai, is a thought reiterated in a number of passages; 1 See Aboih 6:2. 30 THE ETHICS OF JUDAISM in the allegory, for instance, that God bade Moses write the Law in seventy languages in order that all nations might have a share in it. Again, it is said that " the Law was revealed publicly, in the unclaimed desert. If it had been given in the land of Israel, the Israelites might have maintained that the other nations had no part in it. There- fore it was published in the open desert; it is the property of the whole world; every one is at liberty to assume the responsi- bilities it imposes." Last (5) result 28. The last but perhaps most import- of authoritatively ^the'spidtuai ant outcome of B. complete system of laws oneness of the i j 11 j ,1 , community, based upon generally recognized authority Social Ethics. was that it effected the spiritual union of the community. No corporate body existed, yet the legal prescriptions resolved them- selves into a system of social ethics. With- out an external, tangible unity, the inner, spiritual oneness of the whole race was more pronounced than ever before, more 1 Mekhilta Yithro Parshath Bachodcsh. THE SOUR CES OF JE WISH E THICS 3 1 pronounced perhaps than in the case of any other people. Moreover, this oneness was promoted with full consciousness of the ob- ject in view. The (sacrificial) cult common to all was replaced by a purer, more spiritual divine service and by firmer religious laws, symbols at once of ethical obedience and the ethical communion. 29. The significance of this historical Historical differ- ence between difference between the Jews and other peo- other^nquercd pies cannot be overestimated. Provided anceof S 'individ (1 . ualism. Ideal nations do not suffer complete dissolution communion through a through the absorption of their members common ideal - by their conquerors the later Greeks, for instance, were not Greeks, the Romans not Romans, the Babylonians not Babylonians we see everywhere that they are led to individualism by the decay of political in- stitutions. And when individualism has supervened, Stoics and Epicureans proceed to justify it theoretically. Among the Jews a peculiar sociological element asserted itself, a new sort of union, part intellectual, 32 THE ETHICS OF JUDAISM part moral. It was highly characteristic, for "example, that instead of compromising with the invader's views, the Jews, sealing their conduct with the sacrifice of numerous martyrs, clung tenaciously to their own law, to their traditional principles. And precisely at this time their inflexibility was heightened by the development of the legal system with the purposes of equality and uniformity in view. 1 The unity of all reli- gious statutes gave rise in turn to the obli- gation of every individual to guard the honor, the dignity, the safety of the whole people. Despite wide dispersion, no mat- ter who and what the individual, wherever 1 Astute politician that he was, the Roman recog- nized that the Jewish Law guaranteed the continu- ance of the Jewish race, together with a certain power of resistance. He therefore directed his per- secutions mainly against the study and execution of the Law. He hated the Law; he hated the Jewish spirit more than the Jew. Hate makes blind. The Roman could not appreciate the excellence of the Jewish spirit. It seemed to him an enigma. It would be instructive to contrast the Roman con- quest with the invasion of Jewry by the Greek spirit. THE SO UR CES OF JE WISH E THI CS 3 3 he may live, he owes the duty of " sancti- fying the name of God" (Dt?ni?w|?). and the community as such is a " sanctification of the name of God " (oB>n enpo). m The congregations began to develop New social con- stitution. Poor a new sort of social constitution. The old SJuSf . . . . , . national social-agrarian state with its statutory pro- consciousness. Humanity. vision for each family, its regulations con- cerning the permanent allotment of real property, its Sabbatical and Jubilee years, its surrender of the gleanings, the corners of the field, and the forgotten fruit to the poor and (mark you) the stranger this state disappeared. Its ideal of happiness: " Every man under his vine and under his figtree," became impossible of realization, Instead, the congregations elaborated poor laws of wide compass and great rigor. 1 1 Which grant non-Jews the same privileges as Jews (see Gittin 6i a ; comp, ch. in). It is highly characteristic of the continuity of the Jewish spirit that Maimonides in his code (about thousand years after the downfall of the agrarian state) presents the charity regulations in the division on agricultural laws ( 34 THE ETHICS OF JUDAISM Then the scattered Jews began to feel that ethically each was surety for the other. More than ever they regarded themselves as the " people of God " ('n Di?). The deri- vation of or, "people," from DOU, "to as- semble," " to unite," was exemplified in the feeling of the masses. The bond of union no longer was of the earth was not a fatherland, but the Father in heaven. The increasing misery of the times fostered de- votion to the past. The notion of " the merit of the fathers " (nins mar) grew up in its specifically Jewish sense, to which there is no analogy among other nations. 1 All eyes were fixed upon the future, all hopes centred in the reign of the Messiah, which was to embrace the whole of man- kind. The established liturgy, accepted everywhere, iterated again and again the prayer for the attainment of the goal of all history, that " the earth shall be full of the knowledge of the Lord." God's throne 1 See Appendix No. 7, p. 255. THE SO UR CES OF JE WISH E THICS 3 5 no longer stood in Jerusalem : " In every place where I shall permit my name to be mentioned, I will come unto thee, and I will bless thee " (Exod. 20:24).' Whithersoever the God-idea is borne, wheresoever it is cherished, there is the sanctuary. The whole of Rabbinic litera- ture no disciple or sage dissenting, all in- sisting upon it with profound solemnity is pervaded by the ideal requirement : Every house a temple, every heart an altar, every human being a priest. Every human being, not every Israelite is the hope and the injunction. Numerous passages in the Talmud and Midrash teach emphatically that the commands of Biblical law are ad- dressed to man: " Not priest, nor Levite, nor Israelite, but only man " (= DIN, Adam) is mentioned in the Scriptures as the bearer of the Law. 2 1 Comp. Aboth 3: 7. 2 See Abodah Zarah 3* on Lev. 18: 5, and other passages. 36 THE ETHICS OF JUDAISM Simon the just 31. Above (in 1 7) Were mentioned anticipates Jocha zakkaT l ^ ie new etmca l elements put into the fore- ground after the destruction of the Temple, and it is true that they then asserted them- selves energetically, in new forms corres- ponding to changed historical circum- stances. But in all their essentials they had been present in the creations of the past. As the thought discussed in the last para- graph (30) sprang from Prophetical sources, and is clearly expressed even in Solomon's prayer at the dedication of the Temple (I Kings 8:41 scq.); so the trend of thought promulgated by Jochanan ben Zakkai and the three ethical motives incul- cated by him were anticipated by Simon the Just. His sentence : " Upon three things, Law, Divine Service, and Charity, rests the (ideal order of the) world," 1 must have been a current expression. By divine ser- vice Simon doubtless meant the sacrificial cult, but later every specifically religious 'Aboth 1:2. THE SO 67? CES OF JE WISH E THICS 37 practice was included under the term Abodah, to the establishment and spread of whose regulations the teachers of Jabneh and of the succeeding schools devoted themselves. 32. Famous deeds, whose memory is Historical deeds the source kept alive by the generations, are a notable ^^fe source, not only of ethical instruction, but and impulse - also of moral impulse in a community. They enrich and confirm the moral import of life, As historical research recognizes the moral elevation of a people better by its heroic deeds than by its writings and orations; so a heritage of deeds is more influential than a heritage of words. The heroism of the past enkindles the young, exalts the old. In the former it implants, in the latter it nurses, noble views, Reality begets the real. The acceptance of ideal require- ments, boundless devotion amounting to self-sacrifice, these convey ethical discipline to the hearts of the people, in ways which teach the true import of ethics more clearly 38 THE ETHICS OF JUDAISM and impressively than formulated doc- trines. The wars of independence, for in- stance, waged by the Jews against the Greeks and the Romans, illustrate the Jew- ish attitude towards life and its duties. Though at first blush these conflicts seem similar to the conflicts engaged in by other nations, they differ from them fundamen- tally. The others battled, to use the Roman phrase, pro. aris atque focis, for hearth and home. To be fighting for religion was a new thing. Material possessions did not enter into the question. Neither home, nor property, nor even life was considered. Though all mental and physical powers, unparalleled courage, surpassing bravery, were evoked by the conflict, yet, in the heat of the bitterest encounter, the combatants would lay down arms and offer up life rather than desecrate the Sabbath. That indicates that the soul of the people not only was aglow with religious enthusiasm, but was endowed with the highest moral THE SO UR CES OF JE WISH E THICS 39 capacity for devotion to an idea and sacri- fice in its furtherance. True, inner, spirit- ual liberty, man's highest possession and highest dignity, was at stake. Of course, not every combatant was conscious of the impelling force of the idea. But in all it was effective, stimulating their energy and urging its release in action. Few would have been able to put into words or to think out consecutively what animated them, but however dimly it may have con- veyed itself to the perceptions of the agent, it was none the less true that he was irre- sistibly actuated by the conviction that life is of value only if religious views may reveal themselves and be illustrated in conduct. 33. In earlier times, the preservation of The ethical potency of the state, that is, of political independence martyrdom. and civil liberty, was part of the high pur- pose of war. Later, soldiers were replaced by martyrs. For the study of the sacred Scripture and the fulfilment of its most im- portant commands Rome decreed the death 40 THE ETHICS OF JUDAISM penalty, and moral hero after hero incurred it. With dauntless courage they faced death, gladly sacrificing a life that was worthless if made void of its only true meaning. Indeed, they considered the su- preme purpose of life fulfilled in this one act its sacrifice for religion. Akiba ben Joseph dying at the stake calls himself happy, because he is permitted to execute literally the command to " love the Lord with all thy heart, with all thy soul, with all thy might," for, he said, " with all thy soul " means " even if thou must yield up thy soul." To him love of God was not a single command like others: it was the real content of human life. To prove his love he willingly gave life itself/ The fact must never be lost sight of that so far as the great mass of the people, the Jewish people in particular, are concerned, all law has from time immemorial been taught as divine. In their consciousness 1 Befakhoth 6i b . THE SO UR CES OF JE WISH E THICS 4 1 no difference exists between religious and ethical duties. Now, law is a standard aim- ing at the ideal shaping of life, and the self- sacrifice of martyrs is the seal of their un- conditional obedience to law. Therefore, more than instruction by Word of mouth, the example of martyrs serves as an eth- ical spring of action. Such examples, moreover, live constantly upon the lips and in the hearts of men. Martyrs are " per- petual augmenters of the empire " of eth- ical idealism, of the kingdom of God on earth. Thus the ethical elements in the soul of the populace are enriched, and the ethical convictions of the masses strength- ened. The soul and the convictions of the peo- ple, in turn, are the sources of inspiration to leaders, who expound the ideal content of life by luminous thoughts, and by flam- ing words perpetuate it from generation to generation as a real and efficacious influ- ence* 42 THE ETHICS OF JUDAISM Jewish poetry 34- History is supplemented by poetry characterized. . .. ~ . , . poetry an ethi- as a source of moral edification and ethical cal incentive. incitement. Poetry enlarges our grasp of life; whatever fills our souls, whatever moves our hearts, it seizes upon, refines, and clothes in noble forms. Two fundamental principles and tenden- cies must be distinguished in poetry. They underlie the division of poetry into its two great classes, and characterize the difference between nations devoted to the one or the other kind. In epic and dramatic poetry, as in the plastic arts, the creation of a second world, as it were, is the object in view. Left unsatisfied by what the exper- iences of life, in detail and in the aggre- gate, in the present and as recorded in history, offer as reality, the mind resorts to a self-created second world. The Indo- European genius, not content with the vast natural world, with a knowledge of actual events, casts about to conjure up other hap- penings, other actors and characters, other THE SO UR CES OF JE WISH E THICS 43 complexities, in short, such things as " no- where and ne'er have been." The Semitic peoples, especially the Jews, are far different. Their poetry is almost exclusively lyric-didactic, dealing, not with the shapes of untrammeled fancy, not with the images of an unreal world, but with actual phenomena, with forms, characters, acts, and religious movements of history. Nor does it stop when it has clothed this real world in chaste, aesthetic forms. It pierces to its depths by elevated thought, interpenetrates it with fresh-welling, stimu- lating feelings, selects its noble elements for impressive presentation, or emphasizes them in a tone of warning and instruction. Both sorts of poetry strive to rise above the commonplace to the heights of the ideal. Epic-dramatic poetry seeks the ideal in forms bodied forth by fancy, unsubstan- tial, illusory figures; lyric-didactic poetry seeks and establishes it in the world of ac- tuality and history. 44 Legends oma- 35. As folk-poetry in the true sense of mental not architectural, the W orcl and as a union at the same time of the two tendencies just characterized, we may consider legends which embellish the lives of historical personages with fictitious particulars. The poetic instinct of the Jew- ish people was inexhaustible in inventing tales and traits of Biblical and Talmudic heroes. In social converse when the day's work was done, and by women at their spinning wheels, as well as by Agadists from the pulpits, these folk-tales were re- peated and varied endlessly, tricked out with anecdotes and witticisms, and occa- sionally spiced with a dash of sarcasm, es- pecially if wicked characters were held up as warning examples, The Midrash literature contains no artis- tic, organic descriptions of characters like the Homeric heroes, for instance. Jewish legends, in other words, are not invented biographies, but embellishments of real biographies; they are ornamental, not archi- THE SOURCES OF JEWISH ETHICS 45 tectural. But every legendary addition to the edifice of history has ethical signifi- cance. It would be absurd to speak of a conscious purpose running through the whole body of legendary anecdotes, Yet they are more than idle, diverting fancies. Their burden is affectionate devotion to the Biblical heroes, joy in the contemplation of noble lives, and scorn and abhorrence for the villains of history. That which is im- puted to the good or to the bad, that to which greatest importance is attached, indi- cates the moral convictions, the ideal, un- derlying the fiction. A critical analysis of the network of legends with their ramifica- tions and variations enveloping every Bibli- cal personage, would enable an investigator who sets out to discover their ethical struc- ture and formulate it in dogmatic state- ments, to compile the most important chap- ters of an ethical system. 1 1 Cotnp., for instance. Dr. B. Beer, Das Leben Abrahams nach Auffassung der jiidischcn Sage. Leipsic, 1859. 46 THE ETHICS OF JUDAISM Upon pulpits and in the academies the interpretation of fictitious sayings, acts, and events, gave rise to deductions from ethical fundamentals, to a more detailed differentiation of ethical concepts.. A good deed readily suggests a good word. New ethical motives are pointed out, or are dis- engaged from their connection with other incentives to action. The makers of the Midrash were masters in this department, as they were in the art of abstracting a new ethical thought from the realistic particulars of a legend. They expressed it in a lucid sentence, or .ingeniously attached it to a Biblical verse, where it found literary lodg- ment and length of life. Besides law, S ?6. Another equally important source history, and TnsututSni of original ethical thoughts and far-reach- produce ethical , , 1 , , , t , i principles, ing instruction are the institutions of the congregation and other societies, with their statutes or regulations, whether trans- mitted in writing or by oral tradition, for when writing is least resorted to memory THE SOUR CES OF JE WISH E THICS 47 is most faithful (as Plato avers in Phadrus). The European civilization of the second half of our own century is distinguished for a multitude of flourishing organizations. Ethical purposes which have not yet been assumed by the state, and which formerly were wholly or partially neglected, are now promoted with energy by independent soci- eties imbued with the sacredness of the ethical task. These associations are an excellent index to the degree and the breadth of the ethical activity of our time, better perhaps than contemporary text-books of ethics. It is, therefore, interesting to note that they flourished in Jewish congregations in very early times. Civilized Europe became ac- quainted with Free Soup Kitchens in the middle of the nineteenth century. In the Talmud we find minute regulations con- cerning the duties and privileges connected with the dual institution of Tamchui and Kuppah. The one provided for the daily distribution of victuals among the poor; the other, obviously intended for the shamefaced poor, provided for the weekly distribution of raw food supplies, 1 Holy brotherhoods and societies for the aid of the poor, the nursing of the sick, the cloth- ing of the needy, the providing of dowries, etc., were attached to all but the smallest congregations, Above all, the Talmud Torah associations were so zealous in the preservation of the noblest heirlooms, in maintaining the continuity of the spiritual life, that even in the most oppressive cir- cumstances Jewish illiteracy was rare. The -TWO 37. Ethics is not an empiric science. Boxes." Their theirTu C 8 cess d ^ * s to teach, not how men acted, or do act, but how they ought to act. But when, as here, the object is to give an historical presentation of what a nation, a school, etc., regarded as the content of ethics, then every sort of historical experience con- nected with it must be considered. Even 1 Peah 8: 7, and elsewhere. THE SOURCES OF JEWISH ETHICS 49 ordinary facts may become a source of in- struction. One example will illustrate my meaning. The Berlin Jewish community has sup- ported a society for the aid of mourners (Mishan Abelim) for one hundred and fifty years. Its object is to furnish assistance to poor families exposed to want through the death of a member, in view of the fact that the religious law enjoins the cessation of work during the days of mourning. Out of deference to the sensibilities of the recip- ients, the following arrangements have been made : Two locked boxes are sent to every house of mourning, alike of the rich and the poor. Box No. i contains a sum in- tended for the needy. It is accompanied by its key in a sealed package and by a let- ter requesting the recipient to open the box and empty it. In proportion to his need, he may retain the whole or part of its con- tents. If he requires no assistance, he is directed to put the whole sum into Box No. 50 THE ETHICS OF JUDAISM 2. Besides, the well-to-do are requested to add to the contents of Box No. 2 a contri- bution over and above the amount trans- ferred to it from Box No. I. Compliance with this request enables the association to accomplish its object. Box No. 2 remains unopened for some time during its passage from family to family, so that no one, not even the directors of the society, can be aware of the identity of givers and takers. If our sole knowledge of the customs, principles, and ethical attitude of a com- munity in a distant land or in remote times were the existence, administration, and suc- cess of the " Two Boxes," it would suffice to establish, beyond the shadow of a doubt, the following ethical ideas: Kindliness should be a principle of action. It should express itself in granting aid to the needy, that is, in charity. Charity should be exer- cised magnanimously, in such a way that the recipient remains unknown. Every pathologic taint, all softening of the heart THE SO UR CES OF JE WISH E THICS 5 I by the sight of the sufferer, should be avoided. Only the nobility and dignity of the ideal law should influence the giver. Again, charity should be exercised with delicacy. The recipient should remain in ignorance of the giver. Every possibility of the patron's displaying condescension or the client's feeling mortification should be excluded. In general, when aid is ex- tended through the agency of a society or an almoner, he who gives and he who takes are unknown to each other. Yet it may happen that a director or an almoner may feel inclined to play the role of patron. Then the danger arises that partiality or neglect may be shown, or mortification in- flicted, according to the character of the parties concerned. From the " Two Boxes " the gift may be taken without a pang, as it is offered impersonally and dis- passionately, in obedience to the ethical law. The institution is a striking proof of the energetic impulse imparted to its found- ers by the idea of benevolence. In order to practise charity safeguarded by delicacy, they deliberated and devised a beautiful plan. Furthermore, a peculiarly ideal value at- taches to the institution, inasmuch as it embodies the highest ethical principle, whose significance transcends that of any single idea, therefore transcends that of the idea of benevolence. Since the institution provides for the impersonal exercise of charity, for the suppression of the giver's and the recipient's individuality, public spirit alone is active in all givers and in all recipients. The community acts as an ethi- cal unit. By means of ethical activity and only by means of and for the sake of ethical activity, a spiritual union is effected, the ethical communion of all concerned. Finally, attention must be drawn to the circumstance that the whole proceeding is based upon a high degree of confidence felt in the members of the community. THE SO UK CES OF JE WISH E THICS 5 3 None, it is assumed, will take needlessly, every one will give according to his means. Confidence of this kind is not absolutely a virtue; it may indicate carelessness. At this point ethics must resort to the teach- ings of history concerning the facts of real life. History will teach whether, from an ethical point of view, confidence is legiti- mate. The act of each individual, it is true, can be judged by God alone, the pos- sibility of knowing it having been resigned voluntarily. But the prosperity of the in- stitution of the " Two Boxes " in the ag- gregate, proved by statistics since the intro- duction of the plan, confirms the psycho- logic opinion that confidence placed in all and felt by all is one of the strongest and purest impulses for good affecting the will of man. In the present case the confidence has been brilliantly justified. 38. Again, popular customs and usages customs and usages evidences that are not based upon a legal prescrip- tion, and therefore are not subjects of eth- 54 THE ETHICS OF JUDAISM ical instruction, may serve as evidence and as producers of ethical views. A rule which the Halachah regards as a custom, not as a law, bids the Jew join di- rectly to the completion of one religious duty the fulfilment of a second. 1 For in- stance, in the evening following the Day of Atonement, at the end of twenty-four hours passed in fasting and prayer, it is custom- ary, immediately after breaking the fast, to do something towards the erection of the booth used during the Feast of Taberna- cles, which occurs four days later. There can be no more beautiful and, from the point of view of the education of the young, no more stimulating way of evincing devo- tion to the Law and willingness to fulfil its behests. Schiller maintains that man's moral edu- cation is perforce reached by the circuitous way of the aesthetic sensibilities. A much 1 Based upon a free interpretation of Ps. 84: 8 and upon the change of a promise into a requirement. THE SO UR CES OF JE WISH E THICS 5 5 sounder psychologic basis underlies the pedagogic method employed by all pure religions, especially by Judaism, of produ- cing ethical convictions by means of sym- bolic-religious acts. 1 39. In consulting experience it is im- xheideaisof the best the portant to pay heed to the soul-life, not of standard. the majority, but of the best. Furthermore, in the best, ideals, not deeds, are to be coined by us into rules of conduct. Again, to leave ideals merely to be inferred from their realization is not enough; they must be shown to have actually existed as ideals in the soul of the agents. 40. No elaborate demonstration is need- The reverse of morality a ed to prove that all narratives, true and he- source of ethical teaching. titious; that history, anecdotes, Biblical tales, and legends alike, bring out immoral as well as moral aspects of life. Both aspects are made sources of ethical teaching. Beside elevating, inspiriting models stand examples of baseness and impiety to ad- 1 See Appendix No. 8, p. 256. $6 THE ETHICS OF JUDAISM monish and deter. The transcendent ideal on the one side is opposed on the other by the remorse, penitence, and contrition of sinners aware of their sinfulness. In the individual who by his actions assumes an attitude of negation towards the public spirit, who, in short, violates the law, morality manifests itself as twinges of con- science. As a rule, little is seen upon the surface to indicate the throes suffered by the moral spirit in consequence of negation and wrong, although the offensive act was positive, as the law violated is positive. 1 Remorse, peni- 4 J - Yet positive moral results of a most their positive potent kind may follow the emotional ex- results. citement caused by violation of law. The 1 In the province of religion, therefore, contrition is justly required to express itself in a positive form, first, by a confession of sin (>1Tl), then, by repent- ance, and finally, by particularly good works, self- imposed sacrifices, balancing the sin, as it were. In the province of ethics this idea is brought into prominence only occasionally, in certain depart- ments, as, for instance, in the penal law. Absolu- tion, setting free from the guilt as well as the penal consequences of sin, by means of " works of super- erogation " is foreign to ethics and to Judaism. THE SOURCES OF JEWISH ETHICS 57 penitential Psalms of the royal singer (Ps. 32, 51, etc.) testify to the access of power ac- cruing to the principle of good from its ne- glect. Therefore the Rabbis gave frequent and greatly diversified expression to the requirement of nmtpn, remorse, penitence, and improvement, always connecting it with positive good. 1 More than this : in the phrase, " repent- ance and good deeds " ( o3UD &mo) nawn ), repentance is riot merely ranked with good deeds, but takes precedence of them. The Rabbis here had in mind the common ex- perience that man rises to fulfilment of the law through its violation. Conscience is rendered acute by wrong committed. 2 1 As a consolation for the loss of the expiatory sacrifices, it is distinctly said: Repentance and con- trition are equal to the whole sacrificial service (Vayikra Kabbah, ch. 7). The same holds good of the subjugation of an evil desire (Sotah 5 b and San- hedrin 43 b ). 2 Therefore, the oldest codes (as the Ten Com- mandments) put most laws into a negative form. Comp. M. Lazarus, Leben der, Seele, ed. 3, vol. in, p. 377 seq. 58 THE ETHICS OF JUDAISM Besides restoring serenity to the soul, deep, honest, quickening remorse was ex- pected to purge and heighten the moral sentiment. Therefore, the repentant sinner was rated higher than the guiltless, who lack the experience which serves as a gauge for the baseness of immorality and the elevation of morality. 1 Even the 42. In fact, even the degraded, hard- obdurate yields ethical ened, unrepentant criminal may serve as instruction. the text of an instructive ethical discussion, for the shaping influence of moral ideas reveals itself in the rejection of the bad as well as in the recognition of the good. To sum up : whether the facts taught by experience or the ethical situations created by fancy be moral or the reverse, the spirit of ethics proclaims the same teaching, though it may vary as to form. It is clear that the presence of immorality in no wise disturbs the harmony of the moral theory of life. 1 Berakhoth 34 b and Sanhedrin 99*. THE SO UR CES OF JE WISH E THICS 59 43. The inquiry into the nature and unity of state- ment despite trustworthiness of the sources becomes disagreement among the more serious when we take note of the in- source8 - disputable fact that the teachings and pre- scriptions drawn from them often seem to differ from one another, sometimes, indeed, to be contradictory. The historical and psychologic explanation lies near at hand. The dicta and the rules which are to be ar- ranged into a system originated in different times and with different individuals. But this explanation leaves ethical and method- ological difficulties unsolved. How is a homogeneous and harmonious statement of the ethics of Judaism to be reached in face of the disagreement among teachings and teachers? To show the solution of the problem and the principle which underlies it, and which will be followed as a guide in this work, it is necessary to say somewhat more concerning the nature of our sources. 44. It is well-known that, broadly Ta imudic tradi- speaking, Taimudic wisdom was preserved criticism. 60 THE ETHICS OF JUDAISM for several centuries only by oral tradition. When the hard times came, the fear that the destructive agencies of dispersion and persecution might jeopardize the continuity of tradition urged the compilation of all scattered and fragmentary records together with the precious matter handed down orally. The compilers were governed by the pious desire to perpetuate everything. Whatever could be brought together was accepted and set down in writing. An ex- cess of modesty precluded criticism of in- herited treasures. They were not sifted; nothing was rejected as below the standard. The sages of early times were looked upon, no doubt justly, as so much more represen- tative than the compilers that no one pre- sumed to object to an heirloom. Inade- quacy was charged against the judgment and understanding of the later authorities, never against the material bequeathed by the past. 1 1 This exaggerated reverence is expressed in the sentence which has attained the currency of a pro- THE SOURCES OF JEWISH ETHICS 6 1 45. Moreover, in the treatment of tradi- Excessive harmonizing. tions the long dominant method had been to harmonize them. A contradiction be- tween two Biblical verses, between two Rabbis, or between a Rabbi and the Scrip- tures, was at the outset repudiated, consid- ered void. Either a reconciliation was effected at once, or it was confidently held out as a prospect. Therefore it seemed not only permissible, but obligatory, to perpetuate and transmit differing and even contradictory views. 1 46. Later ethical literature shows plain- Historical development ly how historical development put into P*nf n g he , i 1 , process. operation a winnowing and eliminating process, and brought about genuine har- mony between contradictory views. This was possible only because the prin- ciples were immutable. The fundamentals of the ethical view of life were never shaken. verb: " If our forebears were angels, we are men; H they were men, we are like asses." 1 So early a source as Eduyoth i: 4 illustrates why a dissenting tradition is preserved. 62 THE ETHICS OF JUDAISM The elaboration of the moral doctrine gave scope to exuberant individualism. In striv- ing for ideal perfection and a more and more extended and discriminating applica- tion of principles, nicety of conscience and a strong desire to act in conformity with the moral law were re-enforced by acumen and dialectic refinement. The principles, however, remained unswervingly the same, equally valid for all. Later dis- 47. Uncritical as the original compila- crimination. . ...... tion was, so discriminating is the later liter- ature. A just distinction is made between doctrinal articles and what is marked by personal or historical circumstances as an incidental expression. In this way, toasts, illustrations used for pedagogic purposes, humorous hyperbole, ejaculations, and all similar expressions were rejected. Humor in the 48*. In connection with this the pres- Talmud. Bibli- cal expressions encc of humor in the Talmud must be re- satincally applied. f erre( j t m t h e strongest terms. It radiates its refreshing influence in the academic halls THE SO UR CES OF JE WISH E THICS 63 alike of Jabneh and of Pumbeditha and Sura. Rabbah, it is reported, was in the habit of beginning his discourses with a jocular introduction. 1 And why should R. Meir not spice the leisure of a journey by indulging in a pun at the expense of mine host? His name was Kidor (~nT3), where- from R. Meir inferred that he was a rogue (perhaps the hotel-bill had something to do with the conclusion !), for the Scriptures have it : Ki dor tahpukhoth (" a perverse generation "). 2 This satiric use of a Bibli- cal expression, incredible if it were not well- attested, should serve as a caution against a too serious weighing of every Talmudic sentence. In the great discussion on the treatment of the Am ha-Arez (the rural population), in which the men of Jabneh distinguished themselves by their nobility and their clear recognition of the necessity of division of 1 Pesachim 117*. in *1 (Deut. 32:20). Yoma 83 b . 64 THE ETHICS OF JUDAISM labor as a civilizing factor, 1 there are pas- sages that cannot be considered as any- thing but jests, as student jokes. Only a soul hounded by persecution could harbor the narrow pedantry that invests them with serious meaning or Halachic signifi- cance. 2 scale of 48 b . Accordingly, the traditional dicta expressions. range, on the one hand, from everybody's thoughts, beliefs, and knowledge, which, being the expression of the public spirit, were current as household words, 3 to the 1 Their maxim was (Berakhoth i7 a ): "I am a be- ing created by God, and he is a being created by God. I have my trade in town, he has his on the field. I rise early for my work, he rises early for his (= I am industrious, and he is industrious). As he does not boast of his (worldly, material) occupa- tion, so I may not boast of my (intellectual) occupa- tion. If you think that I accomplish much, and he accomplishes little, remember what we have learned: It matters not whether a man accomplishes much or little, if only his soul is directed heavenward (to the ideal)." 2 See Appendix No. 9, p. 256. 3 As, for instance, xn Nma^DI KJH (" the law of the land is law "). THE SOURCES OF JEWISH ETHICS 65 quotation, on the other hand, of some for- gotten opinion, advanced by an individual, on a certain occasion, in a given circle, and perhaps regarded at the time as peculiar. There follows necessarily a scale of values, graded by history and to be graded in a systematic statement. The clue to a just estimate can be derived from a considera- tion of the proverbs of all nations. As they often contradict each other, so, even among races of the highest moral standard, they are apt to be harsh not a strange circum- stance in view of the fact that most of them originated in an early period of deficient moral development. Overrating of the useful, encouragement of self-interest, pain- ful reprisals, are common. If, then, the moral character of a nation is to be judged by its proverbs, only the best of them may go to form the verdict, only such as may be considered the product of gradual ethical growth. 49. A paragraph must be devoted to the 66 THE ETHICS OF JUDAISM Their value and words wrung from the soul by the agony their futility. . .... Historical of persecution, by crying injustice, by sor- row and grief over violence and oppression. How often Simon ben Yochai's passionate outburst : " Kill even the best of the heathen ! " has been cast up as a reproach ! The critics forget that Simon had been bit- terly persecuted by the Romans. He had been forced to spend thirteen joyless, in- active years in hiding in a cave, for the crime of having read and taught the Scrip- tures nothing more. The Germans and the French of this century are nations of high ethical standing, yet the ebullitions of rage and revenge during the Napoleonic Wars and the War of 1870 make Ben Yochai's cry of pain seem unimpassioned by comparison. Wars, especially guerrilla warfare, and wicked maladministration by hostile rulers brutalize the consciences of the sufferers. Immoderate, despairing rage must be met understandingly, in the spirit of the Talmudic principle : " No one is re- sponsible for words extorted by pain " (of persecution). 1 They should not be glossed over nor excused. As little may they be set down to the discredit of the nation or the speakers as their sober opinions. It would be at once foolish and unjust to cite as principles of German and French ethics the ireful utterances of the noblest of the Germans in 1807 or of the French in 1870. Likewise, Simon ben Yochai, one of the most enlightened men of his time, was surely far from desiring to formulate as a doctrine the hard word into which the bitter passion of his woe emptied itself/ The originators of such utterances should be accorded justice, though the utterances themselves should not be allowed to escape fair criticism. The narrowness of thorough- going apologetes is sometimes as disastrous to the recognition of truth as the blindness and equivocation of fanatic foes. 1 Baba Bathra i6 b . ' See Appendix No. 10, p. 261. 68 THE ETHICS OF JUDAISM Ethical conyic- 50. The most important lesson learnt tion discernible even in passion. an( j taught by ethics in connection with the record of frenzied outbursts is that the ethical view of life may assert itself even in such reprehensible extremes of passion. The pity of it is that a sickly, poisonous par- asite battens upon the root of a healthy, legitimate idea. Patriotism, heightened perchance by an exaggerated sense of the right of retaliation, and both deluded as to the limits of their ethical justification, over- grows and stifles the other moral ideas. It is meet to praise the fire of patriotism, only it should never be permitted to spread so far as to consume other moral ideas. 1 Every age has 51. Turning to doctrinal utterances its own authority. p rO per, we must admit without reservation that, individualistic as they are, their value is unequal. To elaborate them into an har- monious system of ethics it is above all necessary to keep in mind the Rabbinical principle, that the teacher of every age (in 1 See Appendix No. n, p. 265. THE SO UR CES OF JE WISH E THICS 69 theoretic, as the judge in practical ques- tions) has the right and the duty, without prejudice to tradition, to decide a mooted point according to his understanding and his conscience. In many forms the thought re-appears that the authority of every age must be upheld. A prophylactic was thus provided against the inertia of the teachers and the insubordination and litigiousness of the laity, and on the other hand, vigor of conscientious thought was fostered. This principle is the basis of the prohibition to reduce traditional decisions and explana- tions to writing, which was observed in the epoch, critical for Judaism, before and after the fall of the state and the Temple. Nor is this Rabbinical principle affected by the discussion, philological and historical, which probabjy, with our present sources, will never be decided to the satisfaction of all as to when and in what parts the Mishnah was first written down, for even laws supposed to be derived direct from 70 THE ETHICS OF JUDAISM Sinai ( 3"o^n ) may be called into ques- tion. 1 Many arguments, witty and wise, are ad- duced to prove this fundamental principle of Rabbinism a Biblical teaching. For in- stance: "In Deuteronomy 17:9 it is said: ' Thou shalt come . . . unto the judge that shall be in those days and inquire.' Can a man possibly go to a judge not of his days? " The wording is said to be pe- culiar, in order to indicate that the teacher of a given time is clothed with authority. 2 Again, the seventy elders appointed by Moses as his assistants were not enumer- ated by name, so that they might not be cited as authorities. Everybody is ex- pected to draw truth from the original sources, by the exertion of his own strength and at his own peril. Transformation 52. The Talmud makes distinct refer- of a law often its preservation. ence t o th e fact that later Prophets contra- 1 See Responses of Chawoth Yair, No. 192. 2 See Rosh ha-Shanah 2$ b . THE SO UR CES OF JE WISH E THICS ^ \ dieted Mosaic words, and substituted their own thoughts. 1 The principle stated by R. Simon ben Lakish, that " sometimes to an- nul a law is to establish it," was properly adopted. Reform a new conception often furnishes the real justification for a law which, in its earlier shape, has dimin- ished in value, has become irrelevant and inexpedient. Reform, therefore, is pre- eminently conservative. 2 53. The almost boundless esteem in Tradition a guide, not a fetter. which tradition was held was supplemented by the distinct feeling that it was to guide conscience, not fetter it; whet the mind, not blunt it. This view found expression in the clear-cut rule : " A decision depends, not upon the age of the teacher, but upon 1 Makkoth 24*. 2 Menachoth 99* and b . That this is the true meaning of the Talmud words, in spite of Rashi's disinclination to accept it, appears from the opposition between n^lti^ an( l m < lD > - The former cannot mean " in- terruption of study," because the second clause can- not possibly make sense if miD" 1 is taken as " occu- pation with the Law." Rashi himself has subverted the very Tn> (" foundation "). 72 THE ETHICS OF JUDAISM his arguments." Reverence for the hoary head as enjoined in the Bible was a prime virtue in the Rabbinical world. Yet, in the establishment of truth, arguments are prized above everything. And what holds of the teachers, is valid of the teachings: not their age, their truth must be proved. Traditionalism 54. With reference to this question the and rationalism. Hiiiei's Prosbui. Judaism of the past presents two doctrinal opinions, in fact, is divided into two oppos- ing tendencies. Let us call the one tra- ditionalism, the other rationalism. But the latter is to be taken in a most restricted sense, and is as consistently conservative as its antagonistic trend of thought. Traditionalism teaches and accepts noth- ing, unless it has been handed down from the past. For it a doctrine requires no justification beyond the fact of its having been so handed down. The rationalistic attitude demands a rea- son for every doctrine, in other words, de- 1 Baba Bathra I42 b . THE SO UR CES OF JE WISH E THICS 73 mands proof of its truth or validity, either quoted from Scripture or reached by rea- son, that is, derived logically from another law or from the reasons for the other law. Such a course admits of real progress in law-making, of positive development; even new laws may arise. In fact, new ordi- nances to serve some purpose of ethical fitness or keep a practical condition within legal bounds can and should be framed in the spirit of the old laws. This method, consciously pursued since Hillel's time, was primarily calculated to apply the spirit of old laws to completely transformed or new- ly arisen conditions in social life and in commerce. Its scope was enlarged to in- clude ordinances which abrogated a distinct Biblical law, or sanctioned its evasion, in order to insure the fulfilment of its spirit and purpose. Hillel's Prosbul is an illustration in point. 1 The sages of the time could neither 1 Prosbul was a document framed at court by a 74 THE ETHICS OF JUDAISM disregard recent momentous conditions of commerce not allowed for under the old law, nor abandon the situation to arbitrary lawlessness. They therefore accepted a solution which, though contradictory to the letter of the law, rendered certain the exe- cution of its spirit, namely, the promotion of a commercial credit system in the inter- est of the needy. Traditionalism 55. Traditionalism appeals to and is characterized. its passivity, based upon memory. Rationalism demands logical exercise of the mind and refinement of conscience. In the Talmudic writings traditionalism, though sometimes satirized, 1 is more frequently praised. It aspires to creditor and attested by witnesses before the begin- ning of a year of release. It recited that the ordi- nance releasing debtors from payment (Deut. 15:2) does not apply to the creditor named therein, and that he reserves the right to collect the debt. The exhortation in Deuteronomy 15:9 could not be counted upon to influence capitalists in times of growing commercial activity based upon credit. To prevent the obstruction of commerce to the detri- ment of the poor, a legal expedient had to be in- vented. 1 Sukkah 28 a . THE SOUR CES OF JE WISH E THICS 7 5 and possesses a quality held in high and general esteem. The traditionalist is abso- lutely sure about his teachings : " I " have heard it from my teacher," or " I have not heard it " that is final. No need for anx- ious seeking, for intellectual striving ! The conflict of ideas, the battle of arguments, is repudiated. There is no hesitation, no doubt; on the other hand, no progress, no creation. 1 Naturally, grievous embarrass- ment was the portion of the traditionalist in the presence of contradictory traditions, of which there was no lack. His invulnera- bility was imperiled. One of the most unfortunate expedients in such a case was decision according to the number of those to whom the tradition could be traced. 2 At first glance it might seem that traditional- ism is a result of modesty. But closer ex- amination reveals the fact, confirmed by his- tory, that oftener its sources are pride and greed of power. 1 See Appendix No. 12, p. 268. 2 See Appendix No. 13, p. 271. 76 THE ETHICS OF JUDAISM Ethics requires 56. The decision of theological ques- research. Variety of practices (ions in view of the two tendencies of Tew- compatible with J torn e!Mcs f ish thought does not concern us here. With regard to the science of ethics, however, and the relation of Rabbinism to it, no doubt can arise. We shall see later, in dis- cussing the real nature and essence of the ethical, that it requires, as its basis, intellec- tual activity, clear insight, and a quick con- science. It is obvious that many details may be left to successive generations and single persons without detriment to ethics, pure or applied. As it is, they spring from indi- vidual views and circumstances. They af- fect only the practical issues of life, which may vary, though the teaching of ethics be uniform. For instance, R. Mathias teaches : " Be the tail among lions rather than the head among foxes." l In the Jeru- salem Talmud, the opposite, " Be the head among foxes rather than the tail among 1 Aboth 4: 15. THE SO UR CES OF JE WISH E THICS 77 lions," is designated as a proverb, 1 and the opposition between the teaching and the current saying is expressly noted. 57. The required and actually existing solution of the problem: multi- Unity of the ethical, then, is opposed by a p] icit y of moral * ideas. variety of teachings and commands (as, for instance, in regard to conduct towards our fellow-men in given cases, our attitude towards events and their consequences). The solution of the problem thus presented lies in the fact that morality manifests itself in a multiplicity of ideas, some of which exclude all others when applied to a stated case, or, indeed, in the definition of a given doctrine. For example, justice and mercy, severity and mildness, assert themselves at one and the same time as ideal require- ments. In each generation and within 1 Sanhedrin 4: 10. The proverb is mere worldly wisdom, the child of practical sense. The mind of the Rabbi, on the other hand, is fixed upon the ethical purpose. He, therefore, desires, above all, association with his superiors in however modest a capacity; the proverb gives preference to leadership, though exercised among inferiors. 78 THE ETHICS OF JUDAISM every sphere, practical life works out a standard, 1 but all human provinces and hu- manity as a whole look to ethics for their harmonious unification. It is for ethics to mete out to every idea its just boundaries, determine its co-ordination with others, de- cide cases of conflicting duties, and set doubting consciences at rest, psychologic 58. From the point of view of the his- differences co-existent tory and development of the science of with ethical Thc^m^ ethics, it is extremely instructive to note Arez question a .,.-... case in point, the forms assumed by this conflict of ideas how, in different individuals of equal ele- vation and purity of motive, it renews itself, or is adjusted under the influence, now of the changing conditions of life, now of ad- vancing culture. One illustration will suffice to make this 1 The state, for example, or a religious brother- hood, or communal and other associations, must each make the decisions affecting its welfare. With equal purity of ethical conviction, they are bound to differ in action, because their aims and the means at their command are not the same. THE SOURCES OF JEWISH ETHICS 79 plain. We are in possession of opinions ' diametrically opposed to each other con- cerning the treatment of the so-called Am ha-Arez, that is, of the mass of the rural population brutalized by guerrilla warfare, which, as we know, works more moral and spiritual mischief than any other sort. This frank disagreement indicates no ethical op- position, nor even a gradation of moral views, only a psychologic difference of opin- ion as to the results to be expected. The one sage hopes; the other despairs. The one urges condescension towards the base and their patient regeneration; the other in- sists, for the safeguarding of morality, upon the separation of the pure from the impure, the docile from the intractable. The one devotes himself to the rescue of whatever souls can be saved, and, if he fails, does his duty in the service of his kind; the other strives to rescue the cause, the moral idea, and therefore abandons individuals presum- 1 See I48 3 and Appendix thereto. 80 THE ETHICS OF JUDAISM ably beyond human salvation. The one provides for the good, and thus violates goodness itself; the other takes pity on the wretched, and attempts to plant in them the seeds of his own goodness. Success .itself cannot decide the question finally. Though all efforts to raise the vile, to loose the bonds of iniquity, be unavailing, yet loving devotion, unselfish aspiration, are themselves noble achievements. Multiplicity of 59. Every being conscious of moral ob- motives and the the solution of the problem living becomes 1 ., i 1,1 r i i * objective only in the depths of his own personality. teaching. Inasmuch as men, despite historically en- trenched and generally accepted standards, must put forth constant effort to rise to their height, such conflicts as the above will present an ever new problem to the indi- vidual. The question will recur again and again : shall justice prevail or love, zeal or meekness, care of the good or pity for the wretched? Daily and everywhere the di- lemma weighs upon us. In churches and in THE SO UR CES OF JE WISH E THICS 8 1 synagogues, in the pulpit and on the plat- form, religion and morality raise their high- est ideals. But from the chambers of parlia- ment and the halls of justice, as from every house and cabin, issue the peremptory de- mands of government and social order, of all sorts of expediencies and utilities, and of the necessities that constitute the actual life of individuals and communities. Here the power of personality asserts it- self triumphantly. The inner life of some man is stirred powerfully by the moral idea, and his decision becomes a norm for the public at large. His subjective living is transformed into objective teaching. Be- fore the purged and purified law the prob- lem vanishes. In fact and in spirit it is solved. It has no place upon the higher plane of morality to which the soul has mounted. 60. In reviewing the chief ideas con- Jewish ethics derived only cerning the sources to be consulted for a from the spirit of Judaism as systematic statement of the ethics of Juda- awhole - 82 THE ETHICS OF JUDAISM ism, we must emphasize the circumstance that we derive the Jewish ethical view, its tendency and elevation, from the spirit of the literature as a whole, rather than from single formal doctrines. Of our subject it is peculiarly true, that the details of a written tradition are intelligible only through the whole. Every member of a living organism depends for its health and function upon the whole more than the whole depends upon each separate organ. So the true bearing of single features of Jewish literature can be learned only from their relation to the whole. The spirit that permeates, envelopes, and animates single utterances must be thoroughly com- prehended. It is the gauge and inter- preter of their ethical value. He who would merely place certain dicta of the Bible and the Talmud alongside of equivalent moral principles widely accepted among modern civilized peoples (or formulated in some system), is far removed from the legit- THE SOUR CES OF JE WISH E THICS 8 3 imate aim of a presentation of the ethics of Judaism; he is not even on the road to it. The facts of our case reveal a good his- torical and psychologic reason for this. In Rabbinical literature as in the Biblical writ- ings, convictions, deep-seated motives, con- duct, rarely present themselves to us nor, indeed, did they to the authors through the medium of introspective reflection. The vitality of a tree resides out of sight in its fibrous rootlets, and the sources of a spring are hidden underground; so, with the Rab- bis, the prime motive of action and the con- sciousness of aim withdrew from the publi- city of definition. Much of what sprang from Jewish soil, and was of the essence of Jewish life and conviction did not appear in the form of logically framed thoughts, certainly not in the form of an orderly, systematic state- ment. If it was conceived as a thought, it did not secure expression in clear, precise terms, in scientific language. Sometimes 84 THE ETHICS OF JUDAISM it was a spiritual experience; sometimes it assumed shape in an act which was re- ported; again, an allegory, a legend, an allu- sion to a Biblical verse or narrative took the place of plain and simple teaching. In short, the fundamental ethical view was more inclusive, more profound and clear, than the notions developed under it or than its detailed, logical application to practical conduct. Therefore, the fundamental view does not attain to pithy, scientific ex- pression. 1 1 This characteristic of the Rabbinical mind is the less surprising as Eucken discriminatingly points out the same in Kant, past master in philosophic analy- sis. Kant " does not attain to a clear, comprehensive notion of man's being. Though Kant deserves the greatest credit for his definition of such ideas as personality, character, deed, etc.; though he was the first to turn the light of scientific knowledge upon them; yet he by no means brings this about by way of philosophic abstraction. Rather the general for- mula is supplemented by a greater wealth of original inductions. But if the fundamental view is more comprehensive than the single notions, it naturally cannot attain to full expression through them." (See Die Lcbcnsanschauung grosser Denker. Leipsic, 1890. P. 455-) THE SOURCES OF JEWISH ETHICS 85 6 1. That untiring, varied elaboration of Lack of scientific system. Causes. the subject of ethics, which was carried on with acumen and passionate devotion, should co-exist with a method absolutely lacking in ordinary scientific system and logical consecutiveness l this, too, has an historical explanation. First, the provis- ions of the most ancient legislation de- manded simply action (or refraining from action). The moral impulse, the detail of conviction specially involved in a given law, in short, the motive, was stated, if at all, only in the form of a general moral idea (as, " ye shall be holy, for I am holy," and similar reasons). Again, the Jewish reli- gion covered life with a network of sym- bolic actions, which present the elevated moral view of life in the form of a concrete illustration, or typify it as a psychologic influence. Thus the need of an explicit statement was felt neither in religion nor in the sphere of moral acts and the moral 1 See Appendix No. 14. p. 273. THE ETHICS OF JUDAISM views underlying the acts. It is indisput- able that this method of teaching morality leaves the ideal import of the doctrine in- tact, and from the point of view of the stim- ulation of the will is preferable to logical analysis. Therefore the spirit of Rabbin- ism rested satisfied, and was able to dis- pense with scientific system. Doubt and criti- 62. Another factor of great importance cism foreign to the Ra^i enters into the case. Scientific investigation results from doubt and criticism. To the Jewish mind all moral commands were at the same time religious, that is, divine com- mands. No doubt could arise concerning the meaning of the laws in general and the conviction underlying them, and criticism would have been out 'of place. Now, as the ethical in its broad outlines and inner- most reason was unalterably fixed, it was felt that an explanation of the specific im- port of single laws and their logical deriva- tion might be dispensed with. The cer- tainty of obedience was thus heightened to the prejudice of clearness and definite- ness of knowledge. 1 63. However, all Talmudic authors, es- The universal derived from the pecially the earlier ones (of the Mishnah, individual, the Tosefta, and the Talmudic Midrashim), permeated and governed as they are by the spirit of Jewish literature and tradition, are masters and models in deducing the univer- . sal from the individual, the hidden from the patent, the essence from the form. 2 1 Hence, in later times, less profound, if more zealous, spirits went so far as to brand inquiry into the specific reasons for a certain law as heretical (for instance, in the famous and notorious Maimunist controversy). Tracing a law to its reasons (K>m N~IT1 nOtfD, "seek the reason of what is written") was debated by the Tannaites in the Talmud, but they had in mind chiefly its practical bearing upon the interpretation of the law. 2 Comp. Michael Sachs, Beitrdge sur Sprach- und Alterthumsforschung, Berlin, 1854, vol. u, p. 135. " The narrative of antiquity becomes prophecy, the poetry of later times retrospective symbolism." Therefore, " the fathers are the feet of God's throne"; for, according to Sachs' excellent inter- pretation of these words, " through the Patriarchs, knowledge of God and self-consecration to God es- tablished a new realm of the higher life in this world. 88 THE ETHICS OF JUDAISM iiuie for the use 64. In the study and application of Tal- of Talmudic TiveTuth bJ not mu dic wisdom, some rule of guidance must individual i i i T 11 license, be adopted, in every epoch, but especi- ally in later times, even in the Gaonic and its related literature, the Midrash was often cultivated merely as a stimulating, pleas- urable pursuit. By the side of research which disclosed the true ethical bearing of tradition, it indulged in arbitrary interpre- tations, conceits, and ingenious witticisms. It becomes our duty, therefore, to disen- tangle what to the best of our belief and knowledge is the ultimate principle, the actual, genuine view of life. The Rabbis, particularly the writers on religious and ethical subjects, should certainly not serve us as models when they depart from his- toric, objective truth. 1 Though always in . . . The wondrous past is mirrored in every word [of the Song of Songs according to Midrashic inter- pretation], and fanciful, arbitrary explanations and paraphrases burst asunder the connecting chain by enlarging every link to an independent, dispropor- tionately large circle." 1 See Appendix No. 15, p. 279. THE SOURCES OF JEWISH ETHICS 89 good faith and with the best intentions, yet with unbridled arbitrariness and often with full consciousness of their act, they carry their own thoughts into the traditional (Biblical and Talmudical) words. It is true that, in treating of the ethical concep- tion of life, they hold fast, with extremely few exceptions, 1 to the fundamental view, to the generally accepted attitude, the ulti- mate principle, and the highest aim. Throughout the wide domain of their liter- ary and intellectual effort, the historical continuity of the universal spirit and its oneness are so admirably maintained that, despite devotional conceits and pious fan- cies, even the mystical longing of the Kab- balah can scarcely withdraw from its unify- ing influence. On the other hand, original thoughts, because they are held to be truth, are unhesitatingly represented as tradi- tional. They are artificially expounded as 1 As, for instance, the Zohar, and even Bachya ibn Pakuda and other mystics. 90 THE ETHICS OF JUDAISM the meaning of some Bible verse, even if to do so it be necessary to wrest the verse from its context. When all other tricks of the art of harmonizing fail, the wording is al- most imperceptibly changed, perhaps by the addition of a long-suffering particle. 1 Such artifices must be rigidly excluded in making a scientific statement of traditional ideas, and a plain distinction must be drawn between one's own subjective thoughts and 1 Only two examples shall be cited to illustrate how, with the help of fanciful construing and modi- fying, original thoughts of fundamental import, therefore of the highest scientific value, are joined to Biblical words of simple, direct meaning. By a figurative interpretation of Vfil^VD and iTUX. the verse in Amos (9:6), "That buildeth in the heavens his steps, and hath founded his vault over the earth," gives rise to the moral thought that the majesty of God reveals itself only when men are joined in one union. Vayikra Kabbah, ch. 30. See Appendix No. 16, p. 281. In Aboth 6:2, the simple assertion in the Bible that the Ten Commandments were graven upon the stone tablets suggests, by the change of D1"in (" graven ") into miTI (" freedom "), the exalted idea that man becomes truly free only through the moral law. THE SO UR CES OF JE WISH E THICS 9 1 the objective, existing material. Our sole duty is to superimpose the form, the scien- tific and linguistic expression. The content must be derived from tradition alone. The skill in philological interpretation and assimilation and the modesty that waives recognition of originality may call forth praise but not imitation. Our scientific task turns neither upon ingenious art nor upon the moral excellence of modesty, but solely and alone upon the investigation of objective, historic truth. 65. In agreement with the above rule The generally . . accepted versus determining our attitude towards the ethi- the original meaning of cal literature, another should be observed, sayings - which at first might seem contradictory to it. A number of expressions used in the Bible and by the. Talmud sages are known to have originated on definite, historical occasions. 1 Accordingly, they had a defi- nite, restricted meaning. 1 See Appendix No. 17, p. 282. 92 THE ETHICS OF JUDAISM In many cases such expressions were taken literally as they stood, as detached sentences, in their widest possible meaning, and so perpetuated themselves for a thou- sand years and more. The historical occa- sion in connection with which the words first appeared was forgotten or disregarded. As sources of instruction for us such sen- tences must be taken in their general ac- ceptation. Not the original, special mean- ing, but the meaning that acquired cur- rency in the course of time is valid for us. Our concern is not with the thought that was, or should have been, suggested by the words in the first place, but with the thought they actually did suggest during centuries. One example follows. Rabban Gamaliel announced: He who will not show his colors, that is (most probably), will not declare himself publicly an ad- herent either of Hillells party or of Sham- mai's, may not come into the academy. Every one was to be " the same within and THE SO UR CES OF JE WISH E THICS 93 without" (raa iDin). 1 This expression later became proverbial. The idea of truthfulness was as old as Biblical times. What one thinks and only what one thinks should be spoken. It is sinful to mislead, to dissemble, to flatter with false speech. One may not act with a double or a divided heart. Later, R. Gamaliel's pithy words acquired a general meaning bearing no ref- erence to, nor even a reminder of, the occa- sion upon which they originated. 2 Inner conviction and outward action should agree with each other : I-QD I3in ! The brevity of the saying was a recommendation. Mouth caught it from mouth, generation from generation. It became a pregnant expression for the general idea of truthful- ness, the battle-cry in the conflict between being and seeming. 3 66. The last resort, however, should be, 1 Berakhoth 28 a . 2 For instance, the expression is used in connec- tion with another matter by Rabbah in Yoma 72 b . 3 See Appendix No. 18, p. 283. 94 THE ETHICS OF JUDAISM ultimate source not to the spirit pervading the literature, the spirit of the people. h u t O ^ e S pi r it animating: the race and the Public ethical ess " religious brotherhood. The literature is itself but the outpouring of the people's heart, and a formal statement of the ethics of Judaism must draw its substance from the same source, from the innermost es- sence of the people's spirit, noting, at the same time, its development in the course of generations. The task is to watch the faintest stirrings of the public conscious- ness, to apprehend with delicately trained senses the imponderable elements of the ethical spirit, to give word and tangible shape to whatever shadowy thought or ideal longing moves the heart of the people. Task of the 67. The real task of ethical science is to science of ethics. , , . . .. , . , The conscience preserve the living source of moral judg- of the people vested with m ent fresh and limpid; deepening, purify- legislative * >nty - ing and protecting it. The secret must be laid bare, the dark illumined, the murky cleared, the consecutiveness of what seems partially contradictory demonstrated. To THE SO UR CES OF JE WISH E THICS 9 5 accomplish this the soul of the people must be made the object of investigation, so that science may hold up a faithful mirror to it. Such taking account of the public ethical consciousness is in harmony with Rabbini- cal views. The rule of the Rabbis before the issue of certain ordinances : " Look abroad and see what the custom of the peo- ple is," ' is not applicable here. It probably had reference chiefly to gaining insight into practical needs and to the consideration of peremptory expedients. But the general principle, " Custom and usage developed in Israel (naturally on the basis of the law) are rules of law," 2 proves that the ethical conscience of the people was regarded as a source of legislative authority. 68. Ethical science and the Rabbis have The peculiar qualification of good reason to consider the public con- the Jewish race, sciousness of the Jews, more than that of 1 -an KIDB *D nn DID- Berakhoth 45*. 2 See Weiss, Geschichte der Tradition, u, p. 68, and elsewhere; also V't'VD (R- Solomon Luria) in n''1t? No. 63, andLy"^' on Baba Kamma, ch. x, No. 42. 96 THE ETHICS OF JUDAISM any other nation of antiquity, as the source of ethical concepts. Historical facts justify their confidence. It would be false mod- esty and reprehensible to omit mention here of the circumstances that brought about the special excellence of the Jewish race, produced by 69. Over and above all a knowledge of the spread of religious and ethical principles, of the law, was spread moral education. abroad in a way unparalleled among other nations. Facts of gravest importance may escape observation on account of our famil- iarity with them; they form part of our earliest consciousness. Such is the fact, not only that the Jews (as later the Christians) possessed Holy Writings, acknowledged sources of all moral and religious instruc- tion, 1 but that by ordinance their contents were to be imparted to the people at stated times. They were read publicly, and often the reading was accompanied by an explan- ation (as in the synagogue discourses, the 1 See Bernhard Stade, Geschichte des Volkes Israel, vol. i, pp. 660, 666 scq. THE SO UR CES OF JE WISH E THICS 97 patterns of the Christian sermon). Among all, including the modern, nations, knowl- edge of the law is taken for granted. Ig- norance of the law is nowhere an excuse. Yet no nation, ancient or modern, made provision for spreading knowledge of the law, of the moral doctrine. The Jews alone possessed an old regulation enjoining the public reading and expounding of the para- graphs of the code at definite times. 70. The appreciation of knowledge constant exhor- . tation: " Thou among the Jews reaches back to earliest shalt know -" times. Read the Homeric poems from be- ginning to end, and though they contain ethical gems, there is nothing to indicate that knowledge, the perception of truth, was a human need, the pursuit and ideal of even the best of men. On the other hand, Biblical and still more post-Biblical literature is resonant with the exhortation : 'Thou shalt know" (rum), perceive, un- derstand ! The loftiest ideal of the Prophet is expressed in the sentence : " The earth 98 THE ETHICS OF JUDAISM shall be full of the knowledge of the Lord, as the waters cover the sea" (Is. 11:9; comp. Jer. 31:33 and Hab. 2:14). The knowledge extolled is, of course, moral and religious, and this is the very knowledge that makes the soul of the people the reposi- tory of ethical material. 1 Further on we shall consider the provisions made by the Rabbis who in this respect were models for a later stage of culture to impart this 1 Though it is true that at a late period the desire for knowledge awoke with peculiar force in Greece, becoming so energetic an impulse and producing such masterly scientific results that the whole of sub- sequent civilization looked to the Greeks as to models and leaders, yet it must be borne in mind that all their mental activity in no wise furthered or established the ethical consciousness of the people. The historical investigation of this fact has no place here; further on one of its main aspects will be con- sidered. In any event, the absence of ethical study led gradually to the destruction of Greek national consciousness, to the loss of the idea of a national ethical mission, and thereby to the disintegration of the national bond. The Jews, on the other hand, in spite of political annihilation and wide dispersion through military force, grew more and more pro- nounced in their ethical traits. TH& SOURCES OF JEWISH ETHICS 99 knowledge to children and spread it among adults. Here it suffices to refer to the Tal- muclic interpretation of the " anointed " (in Ps. 105: 15) as the "school-children," who " may not be disturbed even for the rebuild- ing of the Temple " l surely an undertak- ing sacred to the Jew. Mothers are ex- empt from most of the duties of the cere- monial law, because they have done enough when they have " seen to it that their children go to school." The esteem in which the Rabbis held knowledge was based upon a threefold rea- son : Knowledge is considered the highest and purest element of bliss, an element, too, that can be enjoyed in this world; more- over, it is the source of refined, unshakable convictions; and finally, it is therefore in itself an important feature of man's ethical task the ethical pursuit pre-eminently worthy of man's intellectual powers. 71. Here it is proper to advert to a cir- 1 Sabbath ng b . See Appendix -No. 15, p. 280. TOO THE ETHICS OF JUDAISM Moral instruction cumstancc of extreme importance, namely, the centre of the stud^a e rdSo C us tnat tne spread of moral knowledge was pur search "he early brought into immediate connection climax of divine worship, with the divine service; indeed, it was made its central point after the destruction of the Temple, and so it remains to the present day. Again, this Jewish characteristic de- pends intimately upon the fact that study, the pursuit of knowledge and science, was regarded in early times, and in the course of time more and more, not merely as a moral duty, but as the loftiest religious practice. 1 Ezra and 72. Two other significant facts must be Socrates. . The sophists and the noted in connection with the foreeroingr. " Men of the biy.'^llublectiv- In the year 444 before .the Christian era, ity proscribed 1 c 1 r 1 11 ambng the Jews, on the nrst day ot the seventh month, lizra, on his return from Babylonia, for the first time after long interruption, read from the book of the Law to a great assemblage of 1 It is a psychologic fact readily understood that the religious valuation put upon study could not but exert an elevating and strengthening influence upon its subject-matter. THE SO UR CES OF JE WISH E THICS I O I people gathered before the Water Gate in Jerusalem. At about the same time, the Athenian state under Pericles as well as the culture of the Greeks had reached their zenith. In Greece Socrates was demand- ing consideration of primary ethical prin- ciples and their definition, while Ezra in Judea was simply reading the moral law to the people and having it expounded to them (Neh. 8:2 scq., especially v. 8). In the former country illumination was sought; in the latter, confirmation. The moral purity of the ethics of Socrates, the nobility and elevation of Plato's system, are beyond cavil. But the fine aspirations of Socrates and his disciples and successors were nullified by the Sophists. They brought about the disintegration of the ethical consciousness of the nation. Ezra's successors were the " Men of the Great Assembly," 1 who effected the preservation 1 The historical reports concerning the " Men of the Great Assembly " are inadequate, and produce 102 THE ETHICS OF JUDAISM and development of the moral law in the spirit of the Prophets. The magnitude and seriousness of the contrast cannot be overestimated. Among the Jews there never was not even in the most wretched of times a confused, degenerate science of ethics such as the Sophists produced in Greece. Destructive subjectivity was raised to the position of a scientific principle among the Greeks. The Jewish historian, on the other hand, damns a period of basest corruption by characterizing it as subjective. To paint the decay of morals he does not tell in detail of vile deeds; he simply says: " Every man did that which seemed right in his own eyes." In actual practice pos- sibly, the disparity between knowledge and contradiction rather than agreement among his- torians. (Comp. A. Kuenen, Gesammelte Abhandlun- gen zur biblischcn Wissenschaft. German tr. by K. Budde, 1894. Lecture 4.) But whoever and what- ever these men may have been, the achievements ascribed to them in the text are beyond doubt. 1 Judg. 17:6; 21 : 25. THE SO UR CES OF JE WISH E THICS 1 03 deed, the proportion of cases of fulfilment of the law to those of violation, may some- times have been the same in Jerusalem as at Athens. In point of fact, the subject- ivity of the Jews is occasionally a promi- nent feature. Often enough they have suf- fered misfortune and ruin through its pro- geny factionalism, stubbornness, self-will, individualism, insubordination. 1 But at least subjectivity was never exalted to the dignity of a theory. Caprice was always under the ban. 73. Another feature characteristic of the Ethical cohesion. Ethical con- ethical consciousness of the Tews asserted sciousness of a * social-ethical itself with wholesome results, especially in n! later times of severe trials. To the present day its influence is marked. Like all minorities, particularly persecuted minori- ties, the Jews developed ethical cohesion, a feeling of mutual responsibility, to a great degree. The thought, which, as we shall 1 Comp. Sabbath ng b and other passages on the ethical reason for the destruction of Jerusalem. 104 THE ET FIICS OF JUDAISM see further on, lies at the substructure of our oldest legislation, that all ethics, by reason of its primary impelling force and its highest aim, is social ethics, more and more gained ground in actual life. When all are equally exposed to calum- nious accusations (bnta) a threatening cloud, no one, not even the enemy, know- ing where the bolt will strike the ethical consciousness develops quickly and vigor- ously. Thence arises a characteristic eth- ical trait of the national consciousness; a grave error, a crime, though committed by an individual, is felt with remorse and penitence as a " sin of the congregation." The moral dignity of the community seems to every member to have suffered diminu- tion through it. 2 1 A Xtan m the n^Hp- See Appendix No. 19, p. 286. 2 The German nation, horrified by the two at- tempts in the " seventies " to assassinate Emperor William I, underwent a similar spiritual experience, which was intensified by the love generally felt for the noble monarch and by patriotic despair on ac- count of impending degeneration. THE SOURCES OF JEWISH ETHICS 105 74. These, then, are my reasons for be- The author's declaration lieving that, beside and above all literary a^SSlSoi ,1 i- I-,- i ,1 Jewish ethics. sources, the living, traditional, constantly growing spirit of the whole Jewish race may and must be considered the fount of in- struction upon the ethics of Judaism. It is patent, that to use it as such the systema- tizer of Jewish ethics must merge himself, in love and devotion, into the spirit of his people, and firmly and with open eyes must renounce every desire to introduce alien or original thoughts. Yet the most self-sacrificing, exclusive attention to the given material will not wipe out the per- sonal equation will not prevent the intru- sion of a certain measure of individuality. And, in fact, as I have .shown, the spirit of the Rabbis grants some freedom to the peremptory subjective impulse. As for myself, at the end of this chapter on the sources available for a statement of Jewish ethics, I declare, before God and man, that I will not advance a thought in 106 THE ETHICS OF JUDAISM this work which I do not conscientiously believe was born of the spirit of Judaism. 1 Whatever the Greeks, and the Romans, and the philosophic and general literature of modern nations have taught me, may as- sert itself in my presentation as a shaping force. The subject-matter I have drawn, to the best of my knowledge and belief, solely from Judaism and the Jewish spirit. 1 Foreign ideas, agreeing with or differing from Jewish ideas, I shall always designate as such, and trace to their origin. CHAPTER II THE PRINCIPLE OF JEWISH ETHICS 75. The Rabbinical world experienced Research among the Rabbis no real need of a theoretic justification of directed towards 1 the idea of the ethics (see 61). The main incentive was good - lacking, namely, doubt of the authority of the moral law. Outside of the academies, it is true, covetousness, love of pleasure, greed of power, self-will, egotism, often enough rebelled against the requirements of morality. Prophets and Rabbis, there- fore, had frequent occasion and reason to address themselves to the conscience of their hearers, to fortify the morally ener- vated, and scourge the refractory. But when low ideals triumphed, it was due to a weak or a bad will. The law had not been gainsaid by critical reason, it had been denied in acts. In other words, the idea of the good was not repudiated theoreti- cally, but violated in practice. 108 THE ETHICS OF JUDAISM Within the academies, among true repre- sentatives and wardens of moral truth, vio- lation of the ideal law was considered im- moral, reprehensible alike on the part of communities and individuals, whether great or insignificant. Uncompromising censure of every immoral act was visited even upon historical personages of highest deserts and widest repute. Yet, although the theoretic recognition of the idea of the good and of the moral law flowing from it was unassailable, and there was no occasion to array positive argu- ments against doubt, the eager, investigat- ing spirit of the Rabbis constantly busied itself with the ultimate cause of morality, or the idea of the good. Two thoughts regarding the cognition of morality completely occupied the mind of the Rabbis. Perfect under- 76. On the one hand, the Rabbis held standing of it is bliss and man's that man s highest happiness is assured by moral task. J a perception of the innermost reason of PRINCIPLE OF JE WISH E THICS 1 09 morality and the ultimate sources of the good; by a realization of their paramount value and sacred dignity; by an apprecia- tion of their sublimity as the only revela- tion of a world-purpose. On the other hand, they held it an essential part of man's moral task to lose himself, heart and soul, in the contemplation of the ultimate reason of morality, to drink deep of the waters issuing from its sources, to promote and secure the sway of a purified moral doctrine over wider circles. It will not do merely to follow the rigid letter of the law, to rest satisfied with tradition as it stands. Men should be " inventive in the execution of the law " (mi^D3 D'onr) they should seize, with acumen and penetration, with delicacy and vivacity, upon the essence of all that is good, and use the idea to guide and refine the fulness of life. 1 77. In its origin Jewish ethics is theo- Jewish ethics originally theo- logic. For the Jewish mind the theistic \s^ : God the f lawgiver. 1 See Appendix No. 20, p. 287. I 10 THE ETHICS OF JUDAISM reason looms up in the foreground of all speculation upon morality. The whole Jewish conception of life is as little think- able without God as our physical world without the sun. Within Judaism the essence of morality has never been considered other than a divine emanation, the expression of a divine law, the fulfilment of a divine command. For man's will and conduct there are stand- ards, that is, moral laws to be obeyed, and God is the lawgiver. Judaism regards what is morally good and what is pleasing to God, moral law and divine regulation, as inseparable concepts, stability of the 78. In practice this reference of all law follows. moral laws to God as the source of their enactment has had a highly significant de- velopment, differentiating the life of the Jews radically from that of other peoples. Legislation among the Jews does not ema- nate from an earthly authority. Neither deliberation, nor resolution, nor the will of PRINCIPLE OF JE WISH E THICS 1 1 1 one man or of many was the originator of a law. King, prophet, and priest could not create laws nor annul those in force. Not even the Great Assembly or the Sanhedrin could do it. 1 If changed circumstances demanded pe- culiar ordinances, or an extension or relaxa- tion of the old ones, or new regulations, they (rmpn) were decreed on the basis of the old laws, in harmony with and as an emanation from them. (Comp. 52 and 54-) 79. What is morally good and what is Divine command because moral pleasing to God, moral law and divine regu- law - lation, we called inseparable concepts in- separable, mark you, not identical. An investigation of the essence and basis of the moral law reveals that Judaism everywhere clearly advances the thought, that not because God has ordained it is a 1 Proofs are superfluous; however, see Megillah 14*. Also I take pleasure in referring to Dollinger, Heidenthum und Judenthum, p. 779 seq. 112 THE ETHICS OF JUDAISM law moral, but because it is moral, there- fore has God ordained it. Not by divine . command does the moral become law, but because its content is moral, and it would necessarily, even without an ordinance, become law, therefore it is enjoined by God. The moral law 80. In the oldest version of the laws, not the will and command of dating- from a time when conscious, ab- God, but an e w s a being" stract consideration of the content and es- sence of the moral law, of its purport and basis, was out of the question, the thought appears with unmistakable clearness: the moral law does not exist by virtue of a divine act or an authoritative fiat; it flows from the essence of God's being, from his absolute and infinite moral nature. There- fore the fundamental law, " you shall be holy," which sums up all morality in one comprehensive expression, does not con- tinue with " for I so will it," nor with " for I so command"; it reads, "You shall be holy, for I am holy," and other moral laws PRINCIPLE OF JEWISH ETHICS 1 1 3 close simply with the declaration, " I am God " ('n '). 81. The same thought runs through the God's nature the rule and reason whole of Rabbinic literature. The Divine S Being and therefore the knowledge of his moral attributes, combined with the en- deavor to emulate them in man's finite way, constitute at once the rule and the reason of morality: " Because I am merciful, thoti shalt be merciful; as I am gracious, thou shalt be gracious, etc." ("DI Dim ox no). 1 In a word, the fundamental doctrine of Judaism reads : Because the moral is divine, therefore you shall be moral, and because 1 There is absolutely no doubt in my mind that ^S no is meant to express both " as I am " and " because I am." Strictly, the meaning " as I am " for 'OK nD is an impossibility; man can approach the divine pattern, but he can never be equal to it. The reason underlying the moral, however, can and should be the same for man as for God. As God can have no reason for morality but the nature of the moral, so there shall be no other for man. It is unnecessary to cite passages; the expression re- curs again and again in Talmud, Midrash, every- where. 114 THE ETHICS OF JUDAISM the divine is moral, you shall become like unto God. It may be said that the highest form and ultimate purpose of human life is likeness to God, and the ethical ideals are conceived as attributes of God, in whose image man was created, and whose copy and image it is man's task to strive to be- come. Ethical ideals 82. The Bible does not expound, and presented as divine attri- the Rabbis do not inculcate, metaphysical butes, to servo ^fo^maS? notions or dogmatic teachings concerning the divine nature, for the purpose of de- ducing the legislative authority of God. 1 Man's duty of obedience is based neither upon God's omnipresence, nor his omni- potence, nor even his supreme wisdom. 2 1 On principle, metaphysics and mystical specula- tion were confined to the most intimate circles (Chagigah n b , and elsewhere). 2 Proverbs, especially chapters i and 8, seems to be an attempt in this direction, made in the time of Hezekiah. The Prophets do not continue the train of thought, and the only other passages that can possibly be made to bear upon it are the chapters in Job indicating the peripetia. PRINCIPLE OF JE WISH E THICS 1 1 5 The ethical ideals are presented as attri- butes of God, and for the sake of their realization man is called upon to strive to become like unto God. When the " glory of God " is made manifest to Moses, only moral attributes are enumerated (Exod. 34:6), and in the well-known verse from Jeremiah, we have a clear statement of what man can and should know concerning God : " Let not the wise man glory in his wisdom, neither let the mighty man glory in his might, let not the rich man glory in his riches; but let him that glorieth glory in this, that he understandeth and knoweth me, that I am the Lord which exercise lov- ing-kindness, judgment, and righteousness in the earth "' (Jer. 9 : 22, 23). 83. This, then, is the relation between Relation between divine law and divine lav/ and human ethics: 'God is the human ethics, lawgiver, but he did not promulgate the law as his pleasure or as an arbitrary or despotic command; and man is not to obey it as such. It is law for man, because he Il6 THE ETHICS OF JUDAISM recognizes in God the prototype of all mo- rality, because God is the creative force back of the moral order and moral purpose of the world. Moral law, then, is based, not upon some dogmatic conception of God, but upon the idea of his morality, that is, upon the essential nature of morality. Not God the master, but God the ideal of all morality is the fountain-head of man's moral doctrine. The objective, 84. As a philosopher, a teacher of impersonal character of ethics, does not consider himself the law- niorahty. Idea nd person. gj ver . as j-,j s desires and inclinations exer- cise no influence, and are meant to exercise none; as the genius of morality, or the idea of the good, working, as it were, through his person, dictates the substance of his teaching; as the moral idea of necessity shapes itself thus and so and not otherwise within him; as the principle underlying mo- rality, whose bidding the will has but to do, assumes form in his mind; so in Judaism the majesty of the law produced the law. PRINCIPLE OF JE WISH E THICS 1 1 7 " This is your wisdom and your under- standing," says Deuteronomy (4 : 6) with reference to the law. When Kant calls the force that decrees, teaches, makes demands, by the term " practical reason," he but uses another expression for morality. Call it law, principle, idea, what you will, it is always an objective norm, in no wise de- pendent upon the pleasure of man, but con- straining him as he knows himself to be constrained by the laws of logic when he thinks, by the laws of mathematics when he computes. The all-important considera- tion is the absolutely impersonal character of the moral idea. This thought was strik- ingly expressed in early times by Rabbi Jochanan : " The words of the law are fully established by him who considers himself naught as compared with them " that is, by one in whom objective truth has become subjective and living, who has identified the idea with his person. 2 1 Sotah 2i b . 2 See Appendix No. 21, p. 288. 1 1 8 THE E THICS OF JUDA ISM Relation of ethics 85. This view of the relation of human to the Sinaitic la lnd e a fter its etn i cs to divine law can be deduced from migation. t j ie R a bbj n j ca i utterances upon its relation to the Sinaitic law before, at, and after its revelation. Morality was not created by the Sinaitic code; it springs from its own and from man's peculiar nature. It could therefore be said, as it was, that " Abraham observed all moral laws." Reason was the source of his ethical instruction. The Talmud distinguishes accurately between laws of reason, that is, laws independent of legis- lation, and formal, ritual ordinances, laws by virtue of their institution as such. It says with reference to Leviticus 18:4 seq.: " My judgments, that is, precepts if they had not been laid down in Holy Scriptures, law (pi), or practical reason, would have demanded that they be put into writing; ordinances, however, rest upon institu- tion." The examples cited in connection 1 Last Mishnah in Kiddushin. 2 Yoma 67 b . PRINCIPLE OF JE WISH E THICS 1 1 9 with this passage permit no doubt as to the antithesis intended. " Judgments " are illustrated by the laws of chastity, laws against bloodshed, robbery, etc. ; " ordi- nances," by the prohibitions against eating swine's flesh, mixing divers fabrics, etc. Moral laws, then, are not laws because they are written; they are written because they are laws. 86. Therefore, free moral convictions, Free moral con- victions rated not founded upon the authority and the act ^er thsm obe- of revelation, are ranked above obedience tc to this authority. R. Simon ben Lakish taught : " The stranger who accepts the law of his own free will stands higher in the eyes of God than the hosts of the chil- dren of Israel that surrounded Mount Sinai. They saw the lightning, and heard the thunder, the S ho far, and the divine voice, else, perhaps, they would not have assumed the yoke of the divine order (DW niD^o bitf). The stranger heard naught of all this, yet, of his own impulse, he seeks to live in har- 120 THE ETHICS OF JUDAISM mony with God \bv ^pi n"apr6 DW msbo ^11? and submits to the moral order of the universe. Who can stand higher"? 1 The content of 87. It is in consonance with this that in the law has the Ta l mud and the Midrash the authority eray'age to of the teacher is in various ways represented obey reason and . . pass over and as a circumstance of small importance m beyond written laws, comparison with the significance and com- pelling force of the content of the law. Take, for instance, the principle that the dictum of the humblest, if it contains truth, is to be esteemed equal to the words of the great and even of the Most High : " What one has heard from a man of low estate should be looked upon as equal to what one has heard from a sage, from the Sanhe- drin, from Moses, ay, from the mouth of the Most High." Of still greater import- ance is the thought (touched upon in 52), recurring again and again in Talmudic lit- erature, that every age is justified in disre- 1 Tanchuma Lckh Lckha. " Sifrc Dcbarim, 41. PRINCIPLE OF JE WISH E THICS 1 2 1 garding, more, is in duty bound to disre- gard, the written law whenever reason and conviction demand its nullification. 1 " Come," said R. Jacob ben R. Chaninah to -R. Jehudah, " let us investigate the laws again and again that no rust (mi^n) may gather upon them." 88. Deep ethical wisdom lies in the Rab- Man's moral nature mani- binical view, that though man's moral char- fes ,: ed before volition, in acter, based on liberty of action, appears onhTgwd! 10 only in his desires and acts, his moral nature is revealed, before the exercise of choice and volition, in the perception and acknowl- edgment of the good. Volition, then, forms a second distinct step in moral activ- ity. 3 This thought finds early and striking expression in the Biblical words (Deut. 1 Rosh ha-Shanah 2 : 9. 2 Sifre Debarim, 306. See Appendix No. 22, p. 288. 3 See Debarim Rabbah, ch. 4: "131 -ju; x 1 ?! 'jn '"I "ION- Even Hirsch Fassel, a strictly orthodox Rabbi of our century, mentions not God but " reason as the binding power in morality, because even a divine injunction must often be disregarded." 1 2 2 THE E THICS OF JUDA ISM 30:11-14) which teach that man need not exert himself to obtain knowledge of the law (from heaven or from beyond the sea), for it is to be found very nigh to him, in his mouth and in his heart. In Kantian phrase, the moral law is autonomous, not heteronomous. independence of 80. In Judaism, then, and more particu- the ethical idea Se'chaLc'Ter larl y in the Rabbinic cycle of ideas, every moral injunction is looked upon as being at the same time a religious requirement. Man's destiny is sought in his relation to God, its goal being likeness to God and the means of reaching it being obedience and willing devotion to him, the prototype and fountain-head of all morality. Yet the inti- mate connection with religion does not an- nul the independence of the ethical idea. The reference to God is made, not to estab- lish, but to urge the claims of the moral. This Rabbinic thought is expressed with astonishing clearness in the saying: "All commands left to the human heart " that PRINCIPLE OF JE WISH E THICS 1 2 3 is, to ethical research and conviction " are accompanied in the Scriptures by the words, ' Thou shalt fear God.' ' 90. Kant's fundamental principle has The autonomy of morality and met with general recognition. The ethical Jewish ethics. writers, not alone of Germany, but of the civilized world, concur in the statement that the moral spirit is autonomous, that is, must bear the source of law within itself, and be independent of legislation and every sort of outside dictation. It is, therefore, incumbent upon us to examine and state more in detail the relation of the ethics of Judaism to Kant's principle, the more so as critics are not lacking, who, in the light of Kant's principle, presume to fasten a stigma upon Jewish ethics, be- cause it was originally based on theistic grounds. 91. Investigators of the first rank have pertinent quota- tions from paid the highest tribute to this feature of ^?. tze - K5s "j? ! : 1 , Gorres, and Banr. the ethics of Judaism. For instance, Her- 1 Baba Mezia s8 b . See Appendix No. 23, p. 291. 124 THE ETHICS OF JUDAISM mann Lotze, in instituting a comparison, on historical and psychologic lines, among all the peoples of antiquity, praises the Jewish conception of life as the first in which consideration of the moral is the vital centre, and morality alone is regarded as a rational world-purpose. 1 Karl Kostlin,' in speaking of the " tendency of morality/' under which he includes the whole ethical system established by Christianity, says: " Proceeding from the Israelitish religion, the first and only one to give a true idea of the moral law and assign to it the place 1 See Mikrokosmus, vol. in, p. 147. [Microcosmus: an Essay concerning Man and his Relation to the World. Translated from the German by Elizabeth Hamilton and E. E. Constance Jones, vol. n, p. 268; pp. 466-468.] 2 Lotze was a philosopher, but Kostlin is a pro- fessor of Protestant theology and of philosophy, a circumstance of peculiar force in favor of his judg- ment of the ethics of Judaism. I follow up my Protestant authority with a Catholic writer, Jacob Joseph von Gorres, who acquired widespread fame by reason of his versatility and broad culture, and particularly his knowledge of the antique world. PRINCIPLE OF JE WISH E THICS 1 2 5 of supreme importance, Christianity main- tained," etc. 1 Gorres considers as the characteristic, distinguishing feature of the Mosaic view, that it " guards the divine against the arro- gance of probing reason, and, chaste and continent as it is, equally forbids its de- filement by sensual imagination run riot. It lets its pure, undimmed ray appear re- fracted in the ethical alone, as an exalted vision, a great threatening and blessing meteor." Finally, Bahr says : " The Mosaic reli- gion, from first to last, is ethical, addresses itself exclusively to the will of man, and regards him as a moral being." 92. Eduard von Hartmann, on the Eduard von Hart- mann's criticism other hand, rejects every sort of theistic of theistlc morality. 1 Geschichte der Ethik. Darstellung der philosophischen Moral- Stoats- und Socialtheoricn des Alterthums und der Ncuzeit. Vol. i, Die Ethik -des classischen Alter- Ihums, p. 114. 2 Mythengeschichte, vol. n, p. 507. 3 Symbolik des mosaischcn Cultus, vol. i, p. 37. 126 THE ETHICS OF JUDAISM morality, and reproaches it with necessarily exerting an immoral influence. The re- proach grows out of a purely formalistic mode of thought. To show the fallacy, I transcribe in full what he says upon the sub- ject : " So long as I believe in a theistic God, who created me and the world, and to whom I stand in the relation of a vessel to the potter, I am as naught compared with him, a potsherd in his hand, and my moral- ity cannot go beyond narrow, blind sub- jection to the omnipotent, sacred will of this transcendental God. In other words, in these circumstances my morality depends upon a command imposed from without, that is, it is perfor.ce heteronomous moral- ity. But genuine morality begins with moral autonomy. However valuable heter- onomous morality may be pedagogically in the training of minors, it becomes the an- tagonist of the only true morality if expli- citly substituted for the latter. Now, as theism may not suffer a moral principle PRINCIPLE OF JE WISH E THICS 1 27 above or beside the Divine Being, theistic morality must necessarily act as an immoral influence with all individuals of sufficient cultivation to have attained the intellectual maturity presupposed by moral autonomy. Certainly the modern man has reached the point at which he consciously holds, that acts which are merely the docile execution of an extraneous will can never lay claim to moral value in the true sense of the word. Moral validity begins with self-determina- tion laying down its own law." 93- Von Hartmann confounds the an- A refutation, tonomy and heteronomy of the moral man with the autonomy and heteronomy of mo- rality itself. The latter is the vital point. Else the autonomy of morality were a pre- tence or a wholly unjustified exaggeration. Even perfectly autonomous morality cannot be said to create the moral law, to produce it freely, not to say arbitrarily. It finds the law within itself, and submits to it as to an inner, 1 See Selbstzersetzung des Christenthums, p. 29. 1 28 THE E THICS OF JUDA ISM compelling necessity. The moral law is, in short, a categorical imperative, and the cat- egorical has its basis, not in the lawgiver, but in the significance and dignity of the law itself. The true meaning of the auton- omy of the moral law is not that man gives it to himself, but that the moral man, or the morality within him, and it alone, dictates the law. Whoever the lawgiver and what- ever the source of knowledge of the law, only the recognition of its worth and dig- nity determines its morality, its genuinely moral character. The categorical 94. The categorical nature of the moral nature of the ""^toSftBoS i m P erat ive was a familiar aspect to the Rab- and the Talmud. , , , T , . , , bmical mind. Its roots run back into the soil of Biblical concepts. To the command concerning the return of lost things, these words are appended : " Thou art not at liberty to withdraw thyself " (oWin 1 ? 'pninK 1 ?, Deut. 22 : 3) words which add nothing to the meaning proper. What, then, are they intended to convey? Nothing but what PRINCIPLE OF JE WISH E THICS 1 29 Kant wished to express by his " categorical imperative " the inner, inevitable necessi- ty whereby the bidding becomes a law. 95. That the autonomy of the moral law was an idea current among the Rabbis is vouched for by the frequent expression : " These are words of the written law, but if they had not been in writing, they would have had to be written down "; that is, their substance would have been arrived at by man's independent activity, and raised to the status of a law. (Comp. 85.) 96. The finest distinction of Kant's for- universal equality before the law mula of the categorical imperative is that it *jj| ^"st'jew/sh carries with it the absolute universality of con^ast with the practice law: Act so that you may desire that the of other ancient nations. law of your actions may become the law for all." For all in like case, then, one and the same law shall serve as the standard of action. Similarly, it is the characteristic distinction of the most ancient Jewish legis- lation that one and the same law was laid down for all. Unlike the practice of the 130 THE ETHICS OF JUDAISM contemporary nations, the principle of ab- solute equality before the law was pro- claimed among- the Jews. Not alone the nations that were divided into castes pro- vided a code of law for each, but among all civilized peoples different standards pre- vailed for different estates and classes. Judaism, however, ordained equality before the law, alike for the members of the nation, for the native, and this was the crowning distinction for the alien. With solemn ap- peal to the " Congregation ! " it is enjoined that the principle, " one statute for all," shall endure forever in their generations, " one law and one code," alike for the na- tive and the stranger (Num. 15:15 seq.; comp. also Lev. 24:22, and other passages). Autonomy ot 97. Finally, a brief reference to Onke- the moral law monkeios. los' pregnant expression about the auton- omy of the moral law is in place here. Though philologically untenable, his trans- lation of the verse Genesis 3:22: "See, man is unique, knowing of himself good PRINCIPLE OF JE WISH E THICS 1 3 1 and evil," testifies to the translator's ethical insight. 98. Thus the Rabbinical attitude proves v on Ha reproach invali- Von Hartmann's reproach baseless, especi- ^ at ^. b ? rt 1 he Rabbinical ally as formulated in the sentence : " As a( theism may not suffer a moral principle above or beside the Divine Being," etc. The moral principle is, indeed, not above and not beside the Divine Being; it is in itself. Precisely for that reason it is at the same time in God in God inasmuch as he is the prototype of morality. To repeat : not because the principle is in God is it the moral principle, but because it is the moral principle, in itself and absolutely, therefore it is necessarily in God. 99. In its content, authoritv, and im- The principle of morality is portance, the moral principle is independ- ^aretetype 1 " 1 ent of every sort of dogmatic concept. Its 1S reason and its aim lie within itself. It is autonomous, and this constitutes its dig- nity. In the Jewish mind sanctity is added to its dignity by the fact that the moral 1 3 2 THE E THICS OF JUDA ISM principle, without suffering change or los- ing aught of its peculiarity and independ- ence, finds its archetypal expression in God. To recognize and lay hold of the good, without compulsion, without external com- mand, without hope of profit, without any sort of ulterior motive, solely and alone by reason of man's moral nature that surely is to be autonomous and autonomously moral ! If, now, an autonomously moral man recognizes in God the prototype of morality, and endeavors zealously to emu- late God, is he therefore less moral or. as Von Hartmann maintains, actually im- moral? May not a man imitate a noble pattern? Does he suffer loss of dignity in striving for a sublime ideal? Shall a moral man refrain from learning from the teacher of morality only that he may save the dig- nity of his autonomy? Kant's "nature loo. The true meaning of the autonomy acting with a the ciod "idTa* 1 ^ mora ^ty appears in Jewish writings, es- pecially those of Rabbinical times, if in PRINCIPLE OF JE WISH E THICS \ 3 3 forms different from Kant's, in forms as un- mistakable. Kant's ethical inquiries were all directed to the end of preserving intact the dignity of the moral. Proceeding from the great thought that " there is nothing anywhere in the world that may, without reservation, be considered good, except a good will," he shows (in laying the founda- tion of the doctrine of ethics) that what constitutes the goodness of a good will is not its fitness to accomplish a given pur- pose, not the satisfaction of some inclina- tion, nothing external, in fact, but solely the character of the will itself. The value of a good will is absolute. " It sparkles like a gem, spontaneously, a thing whose value is wholly intrinsic " (with which comp. Prov. 3:15). A good will is one that submits to the guidance of reason in the fulfilment of duty even when inclina- tion would dictate a different course. The guiding power and creative activity of rea- son, then, are the producers of a good will, 134 THE ETHICS OF JUDAISM hence, of all that is truly good. Further- more, Kant investigates " the purpose of nature in appointing reason as the ruler of the will." He concludes that it was not for the sake of happiness, but " for the far worthier purpose " of producing a will good in itself. This notion of nature's act- ing with a purpose is, if not mythical, cer- tainly dogmatical, and it is absolutely im- possible to show that the idea of God's giv- ing reason to man for the guidance of his will is less suitable as a basis of morality than the supposition that nature has so en- dowed him. Explanation ioi. Though Kant as little as the Rab- of autonomy. bis gave adequate expression to it, the vital power in the whole train of ideas is this: Independently of every external force or alien influence, that is, with complete au- tonomy, the human mind lays down moral laws. Such action comports with its in- most nature, its essence. But this its na- ture has not developed out of itself; the PRINCIPLE OF JE WISH E THICS 1 3 5 mind has not created it. It is the product, not of its own free will, but of an unalter- able necessity. The moral law is autono- mous, because it originates in the nature of the human mind alone. This autonomy and its value in establishing clearly and firmly the basis of morality are not in the least impaired by the fact that the nature of the human mind is not self-created, that it has neither aided nor hindered its being what it is, namely, the fit and appointed instrument to fashion the moral world. 1 102. The sole consideration of import- ance is, that autonomy implies the absence of every extraneous will in the creation of morality, every external power, every ul- terior motive. The moral is to exist for the sake of its morality, the good to comprise within itself its own self-sufficient reason, its value and its dignity. This exalted purity and this dignity of the moral are in- 1 Comp. the saying of R. Eleazar Hakapar, Aboth 4: 29, end. 1 36 THE E THTCS OF JUDA ISM dependent of every sort of theistic notion, because they spring from the very nature of the human mind. On the other hand, it is folly to suppose that the moral is dam- aged by the theistic view of life. Whether the Creator of man, that peculiarly organ- ized, rational being which out of itself, au- tonomously, constructs morality, be called God, or " nature acting with a purpose," or by any other name, in no wise affects the reason of the moral. But the fool who avoids theistic views by supposing himself the creator of his own nature, is the last to whom we may look to fix the basis of the purely moral. Pure "idealism." io^. The autonomy of morality, I said, Rejection of J J ' mo tiv^in a pTii should protect the dignity of the moral by and Ps. 24 as ,. . . , by Kant, repudiating every extraneous motive. The ultimate reason like the highest aim of the moral should be in itself. Such safeguard- ing of the immaculate honor of the moral we meet with in the prominent Jewish thinkers of all epochs. The Psalmist, in PRINCIPLE OF JE WISH E THICS 1 37 the fifteenth and in the twenty-fourth Psalm, enumerates the chief precepts of morality in the shape of an answer to a question the question as to what is reach- ed by obeying them : " Lord ! who may sojourn in thy tent? who may dwell on thy holy mount? " or, " Who shall ascend into the mountain of the Lord? and who shall be able to stand in his holy place? " Here we have figures of speech indicating the aim of moral conduct. By no possibility can they be tortured into meaning: what is useful to man? what contents him? what renders him happy? The poetic questions convey the notion which we to-day should briefly designate by the phrase, " the ideal- ism of life." Holiness and the image of the " mountain of the Lord " imply man's elevation above the low places of life, the upward soaring of the soul from the vulgar and commonplace to the nobility and purity of moral views and conduct. Kant, confin- ing himself entirely within the bounds of 1 38 THE E THICS OF JUDA ISM legitimate ethical speculation, spoke of " holiness," and spoke of it, moreover, with the meaning and in the spirit of the Rabbis. He regards a will as " holy " that agrees with the moral law naturally, without hav- ing to force aside antagonistic motives whenever it is called into action. Likewise, the promise of the fifteenth Psalm, that he who fulfils all the moral laws enumerated " shall not be moved to eternity," certainly means nothing but moral success: his will shall become constant, unwavering, in Kant's sense, holy. The psalmist's 104. The eleven precepts of the fifteenth ideal purely from h dogmatic Psalm having been alluded to, it is proper admixture. f , i / , Likewise that to refer with some degree of emphasis to of the Prophets. R. simiai re- the following important circumstance : The duces "the 613 TaTe n w dm funda- Psalmist's question is couched in terms be- mental and , . . ., . purely ethical longing to the specifically religious sphere principles. of ideas. His mind is full of dwelling on the holy place, sojourning in the tent of God, ascending the mountain of the Lord, as the noblest aim man can strive for. But in the PRINCIPLE OF JE WISH E THICS 1 39 answer, in the definition of what leads or appertains to the divine or the sacred, dog- matic religious precepts are not hinted at. Not a word of Sabbaths and holidays, of sacrifices and prayers, of show-threads and phylacteries; strictly moral principles alone are enumerated. That the same mode of thought appears again and again in Prophetic utterances, that in this respect the Psalmist is but the interpreter of the Prophetical spirit, does not need detailed proof. On the other hand, the well-known and oft-cited passage in Makkoth l deserves attention as illustra- tive of the same feature in the Rabbis: "613 laws (commands and prohibitions) are contained in the Mosaic code. David came and reduced them to eleven (those in the fifteenth Psalm; they are quoted in Makkoth, and explained 2 ). Then came 1 Makkoth 24*. 2 The explanation may the more fitly be omitted here as it will have to be considered elsewhere. THE ETHICS OF JUDAISM Isaiah and reduced them to six (Is. 33 : 15) : ' He that walketh in righteousness, and speaketh uprightly; he that despiseth the gain of oppressions, that shaketh his hands against taking hold of bribes, that stoppeth his ears against hearing of blood, and shut- teth his eyes against looking on evil.' Then came Micah and reduced them to three (Micah 6:8): 'He hath told thee, O man, what is good, and what the Lord doth re- quire of thee : nothing but to do justice, and to love kindness, and to walk humbly with thy God.' Again Isaiah reduced them to two (Is. 56:1): ' Keep ye justice, and do equity.' Finally, Amos (5:4: 'Seek ye for me, and ye shall live ') and Habakkuk (2:4: 'the righteous liveth in his faith') reduced, them to one." What R. Simlai sought and found with David and the Pro- phets is obvious. He desired to know the basis of the whole of the Mosaic legislation, its principle, the real value and the aim of all its laws. His search was rewarded by PRINCIPLE OF JE WISH E THICS 1 4 1 the sentences cited. What they teach was in his eyes equivalent to the sum of all the laws. In the shape in which they formulate the principle tantamount to the whole code, the one that contains its vital kernel, the important thing is that no reference is made to a dogmatic religious ordinance, to any sort of ceremonial law. One and all they exalt commands purely moral to the rank of paramount, all-embracing principles. Not that the Rabbis undervalued the speci- fically religious commands and the cere- monial practices. They never failed to take account of the inner continuity of the whole Mosaic law. As we saw (in 10), they oc- casionally expressed this continuity in the phrase that "all other laws depend on " one, say the Sabbath, or the law of the show- threads or of the phylacteries. Here, how- ever, the main purpose being to put into words the nucleus of all la\vs, their funda- mental principle, specifically religious com- mands were pushed aside, and the ethical 142 alone was kept in view as the aim of all laws. Tor the sake of 105. The demand constantly recurs in Heaven" ; "for its own sake." th e Talmudic writings that each of man's acts and hence his whole conduct shall be " in the name or for the honor of Heaven." 1 Now, whether Heaven be taken as a figure of speech for God or for the sphere of the sublime above and beyond the earthly, in either case the expression conveys the thought that the motive of morality, so far from being anything external or low, should be nothing outside of man's eleva- tion to higher dignity. If, however, con- necting human morality with Heaven, that is, with God, negates, as Von Hartmann and his sympathizers imply, the autono- mous independence of morality, then I may be permitted to refer to another phrase, oc- curring with equal frequency in Rabbinical literature, which leaves no doubt as to the fundamental idea. Every command, it is >, as in Aboth 2: 2 and' 17. PRINCIPLE OF JE WISH E THICS 143 said, should be fulfilled, " in its own name," rcavh, that is, for its own sake; not with a view to promoting or realizing an extra- neous purpose, solely for the sake of the dignity of the command itself and by reason of its binding force. 1 106. With regard to the basis of mo- Basis of morality. Man's nature rality as viewed by Judaism, one point more pJJ**^^ must be stated. The reason of morality is p< furnished by man's nature and by its own. To man is granted liberty to perfect the harmony of these two bases. Man's acts go back to his original nature and constitution as their last cause. Activity carried on at the behest of an- other, mechanical activity as it were, does not enter into consideration. Such activity belies the name, and, like the natural func- 'That this is the meaning of nDE??, though it needs no confirmation, appears from the fact that the Rabbis considered practising the good for an ulte- rior purpose pedagogically useful, hence permissible. For instance, devotion to study from ambition de- velops love of study, and then it is prosecuted for its own sake. 144 THE ETHICS OF JUDAISM tions of our physical organism, is outside of the sphere of the ethical. Real action has its cause in man's voli- tion. If, as we are in the habit of saying, we resign our will, and execute the will of another, then this very act of renunciation is the expression of our own will. A man may waive the exercise of judgment and decision with regard to the acts he per- forms. From esteem or reverence, he may exalt another's authority to the rank of his paramount standard. He may renounce in- vestigation and choice. Yet the effective cause of action is himself, his inmost con- stitution, his modesty, his insufficiency, or lack of energy, his deference to another as the appointing and deciding power. He leaves the reason of his action to an out- sider; none the less he uses his will, and re- mains the cause of his volition. By the ex- ercise of liberty he relinquishes his liberty. Even if a man acts under the coercion of brute force or the force of circumstances, PRINCIPLE OF JE WISH E THICS 1 45 his action nevertheless is rooted in his own disposition. To act, for instance, under the constraint of reward or punishment after all means only to act in hope of a beneficent result or in fear of ill success, and hope and fear alike have their basis in the original instinct to seek the pleasant and salutary, to avoid the painful and deleterious. To be sensible of pleasure and pain, to strive for the one, to flee from the other, is man's nature. Man is a natural being, a link in the chain of natural beings. As such he obeys the law of nature; it lies at the bottom of his volition. Yet his action is the issue from his own nature, his own essence. 107. At the same time man is a natural Man's spiritual nature and its being of another sort than those composing ^ m - the world around him. He leads a pre- dominantly intellectual life. His mind is occupied with matters affecting more than the senses; other joys allure him, other pain affrights him. Pleasure and pain, gratifica- tions and hardships, he meets in the realm 146 THE ETHICS OF JUDAISM of mind as well as in the realm of nature, but they are of other kind and bearing. Here, too, man seeks the beneficent, and avoids the harmful. He still follows the law of nature, but the laws to which he is subjected are those of his own higher intel- lectual nature, and pleasure and pain no longer form either the reason or the aim of his activity. Research io8. The purpose of intellectual activ- and art. ity, then, goes beyond the gratification of the wants of man's physical organism. Moreover, it is governed by other laws, the recognition and application of which heighten the value of man's life. The sum and substance of all intellectual endeavor is the investigation and knowledge of life, of the real world in which man lives. To comprehend his world, to grasp its peculi- arity and its subjection to law, to under- stand nature and the laws of her endlessly various manifestations, is part of the higher vocation of man. Furthermore, he has to PRINCIPLE OF JE WISH E THICS 1 47 apply and turn to account the forces of na- ture, which involves the transforming and refining of her gifts. To this is superadded the free, plastic use of things, increasing their utility, heightening their beauty, transmuting raw material into artistic forms that reflect man's ideal aspirations. In all this activity, beginning with agriculture of the simplest kind, through the multifarious exercise of mechanical and industrial skill, to the supreme creations of art, man en- counters laws which he must know, whose authority he must recognize, to which he must pay obedience, in order to reach his aim and be true to his calling. 109. In other words, man must heed the Beauty and fitness. laws of logic and of the various provinces of human knowledge, must obey the laws of technic, and must execute the laws of plastic, creative activity, if he would realize the purpose of his intellectual part. The briefest characterization of this pur- pose is that the mind of man is directed 148 THE ETHICS OF JUDAISM towards ideas ideas which it can and should grasp and realize, the ideas of truth, fitness, and beauty. The impulse towards these ideas is, therefore, part of the inner- most nature of man. He has had, from the first and always, an interest in the idea of truth as opposed to error, in the idea of fitness as opposed to vanity and ineffectual- ness, in the idea of the beautiful as opposed to the rude, the yulgar, and the ugly. In Talmudic writings this ideal shaping of life is summed up in the phrase th\sn ni^^(civil- ization), and is accounted the partial task of man's earthly existence. The notion of no. All these laws of the mind man the good the . highest notion must know and obey, these ideas he must and the final purpose. g ras p an d realize, but not for their own sake, not as the final purpose. Like the laws of nature, they have to be pressed into the service of the most sublime law, the supreme idea, the last and true purpose of man's whole being. From out of the bus- tle of life, natural and intellectual, the in- PRINCIPLE OF JE WISH E THICS 1 49 stinct towards the good rises aloft. The notion of the good is the only perfect no- tion, and the law of morality is the highest law. They constitute the ultimate, the true purpose of man; they confer upon him his noblest distinction; they raise him to the dignity of the truly human, a dignity so exalted that he could venture to call it divine and to characterize its ideal as like- ness to God. 111. But the individual man never The notion of morality is stands alone. He finds himself always in the notion of ' moral society. the company of others, his mates. As a moral being he may not and should not isolate himself. He who aims to be self- sufficient, who refers all things to himself alone, is not called man. 1 Whatever moral- ity may demand of man, is demanded in the spirit, in the service, and for the purposes, of human society. The notion of morality is at bottom the notion of moral society. Within the Jewish domain ethics is social 1 Yebamoth 63*. feeling of duty the autonomous ce of the ethical. 150 THE ETHICS OF JUDAISM ethics. When we arrive at the presentation of social ethics, we shall see in what respect and for what reason this is the fundamental view of Judaism. The impulse H2. As was said above, the reason of towards the uty morant y lies in the nature of man and in source oTthe the nature of morality. In the nature of man, for he finds in himself, as an undeni- able, inevitable fact, the impulse towards the good. As he cannot fail to distinguish light from darkness, so he draws the dis- tinction between good and bad, and he is as certain of the superiority of the good as of the superiority of light. The peremp- tory voice of duty, the feeling of obligation, forms, for every human being, the personal reason of morality. 1 For, though moral in- junctions reach him from external sources, as the behests of former generations or of present authorities, yet they become law 1 If this voice is not heeded, if the feeling of obli- gation is offended by an unlawful act, another equally peremptory voice, the voice of conscience, is raised in accusation of man before himself. PRINCIPLE OF JE WISH E THICS 151 unto him only when he feels their binding force. This, as noted before, is the simple meaning of the Bible verse concerning the Law : " in thy mouth it is, and in thy heart, that thou mayest do it " (Deut. 30: 14). A man who obeys a given set of moral injunc- tions, not from a feeling of duty, but from greed, or fear, or other prudential reason, knows with unerring knowledge that he has not acted as a moral agent. The feeling of duty, then, is the autono- mous source of the ethical. The intention, the will, to live up to this duty, is the good. To obey other impulses, to fulfil other pur- poses, falls short of being positively moral. But to act in opposition to law, in contra- diction to duty, is the bad. 113. The demand made upon man by The ideal demand as formulated by his spiritual part may be considered, with S^H* 1 ^. 1 : 1 - * Stemthal, Rume- Kant, an imperative of practical reason; merefy e psy h cho S . logic differences. or, with Herbart, an involuntary, necessary judgment; or, with Steinthal, a judgment expressed in the form of (ideal) feeling; or, 1 5 2 THE E THICS OF JUDA ISM with Riimelin, an original instinct; or it may be called by another of the many names with which this chronologically ar- ranged list might be swelled; the difference between any two is psychological, not ethical. An ethical difference appears only when we come to state the basis of these judg- ments, feelings, instincts, etc. An utilita- rian and no less an evolutionary reason l or a trace of eudaemonism nullifies the ethical character of the demand. On the other hand, utility and sensual as well as refined pleasure may yield first place to the demand of the ideal life, no matter in what psycho- logic form the demand asserts itself. The ethical a H4- A complete ethical system cannot, new law differing from the jaws of o f course, disregard the psychologic con- man s physical and inteUectual to the ultimate reason, the primary prin- ciple, of morality, one psychologic form 1 Which can take into account the present state of psychologic knowledge. PRINCIPLE OF JE WISH E THICS I 5 3 comports with the dignity of ethics as well as another. 1 The important point in connection with the basis of morality is, that by the side of the laws of man's natural life and his intel- lectual activity, a new order of laws estab- lishes itself in his soul, different from the others and revealing itself as different. The latter laws do not render void the former. Rather do they press the laws of man's phy- sical and intellectual nature into their ser- vice, in order to create new forms of exist- ence, call forth peculiar manifestations of life, and bring about acts neither known nor demanded by the constitution of his body and mind. 1 15. Elsewhere we shall enter into a de- The win aiming at liberty and tailed consideration of the fact that the le g alit y- ethical law involves the freedom of the men- tal force devoted to its execution, that is, the will. In other words, the liberty of him who is to fulfil it is part and parcel of 1 See Appendix No. 24, p. 294. 154 THE ETHICS OF JUDAISM the moral law. Here the statement suf- fices that the will aiming at once at liberty and legality may be efficacious even in con- tradiction to natural impulses. If, then, a free will is said to be characteristic of man's nature, the word nature is used in a higher sense. Morality is man's 116. From all this we deduce the fol- vocation, his . . higher nature, lowing as the essential view of Judaism : and the perfec- tion of life. Morality is its own reason and aim; it is man's vocation and the vocation of all spir- itual beings. It may not serve any pur- pose outside of itself; it is its own purpose, and to all other purposes that man seeks to realize, it assigns their proper value and due proportion. Man's moral nature is the perfection of life, and the crown of spiritual activity is trie creation of morality. All intellectual efforts, all research and knowl- edge, the subduing of nature, the con- quests of civilization, the production of works of art and imagination ; they all are tributary to the spirit of morality : " All PRINCIPLE OF JE WISH E THICS 1 5 5 the rivers run into the sea, yet the sea is never full." For, greatest of all knowledge of ideas is the knowledge of the idea of the good; most valuable of all conquests of nature is the subjection of the material and spiritual nature of man to the law of mo- rality; noblest of all achievements of civili- zation and culture is the moulding of char- acter; sublimest of all aesthetic activity is the development of society upon a moral basis and the founding of moral institutions. 117. The moral law possesses this dig:- Morality in 1 progress. The nity and absolute independence, this au- SftiMSoi tonomy and peremptory force, not in spite but in consequence of the fact that its cog- nition and execution are subject to develop- ment. Mankind, every nation, every indi- vidual is dowered with unlimited possibili- ties of progress. All that is truly ideal is capable and in need of constant develop- ment. Of the ability to improve we shall have occasion to speak later on. At pres- ent I wish only to point out that when Kant 156 THE ETHICS OF JUDAISM characterizes progress in " reverence for the law " as " sacred awe changing into love," he is repeating a notion current in Rabbinical literature. The Rabbis fre- quently refer to the step from the fulfilment of the law " out of fear " (nxnnD) to its fulfil- ment " out of love " (ninxD) expressions equivalent to Kant's. 1 These thoughts n8. The thoughts expounded in the (106-117) in Taimudic al wr?t d last twelve paragraphs (io6-ii;) recur, ings. Ethical , < / ,* ,-, , -,-. conviction and in a variety of forms, in the ethical htera- conduct a pecu- liar element in ture of Judaism, particularly in Talmudic the universe, genufndy'new^ writings. It is proper to refer to at least making for . . liberty and a few pertinent passages as evidences of progress. this highest possible appreciation of moral- ity. Besides, the literary form in which they are couched is interesting. It illus- trates the necessity and advantage of scru- tinizing the peculiar mode of thought and speech of the Rabbis and penetrating to their true meaning. That the cycle of moral thoughts does 1 See Appendix No. 25, p. 294. PRINCIPLE OF JE WISH E THICS 1 5 7 not originate in the views and experiences of the material world, that is, cannot be de- rived from the ideas connected with nature, is expressed (see 15) in a commentary up- on the phrase, " there is nothing new under the sun " (Eccles. 1:9): " not under the sun, but above it." That is to say, though new in human experience, no phenomenon can be considered truly new in the econ- omy of nature. Long before our cog- nizance of it, every phenomenon pre-existed as a possibility in the materials of nature, in her laws of creation and motion. But the phenomena of the moral and spiritual life ethical conviction and conduct are arrayed in opposition to the material uni- verse. With their peculiar laws, different from all others, inasmuch as they aim at liberty rather than necessity, they form a completely new element. All that lives and acts under the sun must yield to the law of nature. Knowledge and inventive genius may force her law into the service of chosen 1 5 8 THE E THICS OF JUDA ISM purposes, but the law itself can be neither changed nor extended in scope. Beyond and above nature, however, above her sub- limest manifestations, " above the sun," we have the moral order of existence with its laws, whose origin and aim are not implied in the phenomena of nature. In a theistic form, the vital germ of this notion of the dignity of the ethical idea conquering all the glory and power of the physical world is met in so early a source as the two Isaiahs : " The sun shall not be unto thee any more for a light by day, and for brightness shall the moon not give light unto thee; but the Lord will be unto thee for a light of everlasting, and thy God as thy glory. Thy sun shall not go down any more, and thy moon shall not be with- drawn; for the Lord will be unto thee for a light of everlasting" (Is. 60:19; comp. 30:26). Before the majesty of the ethico- religious conception of God, the brilliancy of the sun and the light of the moon pale; PRINCIPLE OF JE WISH E THICS I 59 for it raises man above changeful, deceptive nature, to the heights of the immutable, real notion of morality. 119. The operation of the moral spirit is looked upon as continuing and supple- menting the divine work of creation, as in the following: " He who does a moral deed, as, for instance, the judge who pronounces a righteous judgment, thereby associates himself with God in the work of creation." 1 The universe with its endless array of life- forms, and under the sway of unchanging, definite laws of necessity, reaches perfec- tion only in the presence of the spirit of morality, with its autonomous laws aiming at freedom of will, because based upon it. The economy of the world is not complete until the moral aspect of things is reckoned with at every point. In allegorical language, the founding of the moral world is regarded as the condi- tion of the continued existence of the ma- mpn ^v t\niv ncrw. See 15. 160 THE ETHICS OF JUDAISM terial world. " God inverted Mount Sinai like a bowl or a basket over the congrega- tion of Israel, and said : If they accept the Law, well and good; if not, they shall find their grave here." Again, God is said to have made a covenant with the powers of nature when the work pf creation was fin- ished. If the children of Israel accepted the Law, these powers were to continue in force; if not, chaos was to be brought back. Obviously, the moral world is here consid- ered the proper object of creation. With it as a component element, the universe has attained the form in which it can execute its purpose. Without the principle of morality, the w r orking of the world-machi- nery is devoid of a well-defined, recognized purpose. Despite the orderly course of events subject to the laws of nature, it lacks the aim of all movement. Without the crowning consummation in the moral 1 Abodah Zarah 2 b and 3. order, the universe remains purposeless chaos. 120. The universal character of the sinai, Israel. and humanity. ethics of Judaism will be considered in de- tail further on. One point of the discus- sion must, however, be anticipated here. Though the above passage relates to the Sinaitic revelation, it applies not to the peo- ple of Israel and its moral education alone, but equally to the establishment of morality indirectly for the good of the whole of man- kind. To justify this statement I need not resort to the pointed expressions of the later Prophets. In the very narrative of the revelation at Mount Sinai the true meaning of the election of the people of Israel is made plain. In Exodus 19:3, a solemn introduction leads up to the explicit statement in verse 6, " Ye shall be unto me a kingdom of priests and a holy nation," closing as emphatically as it opened. A kingdom of priests ! That is the central idea. Israel as a nation shall bear itself 162 THE ETHICS OF JUDAISM towards the other nations as the priest to- ward laymen; it shall be teacher and leader. Not for his own sake is the priest invested with dignity and sanctity, but for the sake of his congregation which he is to lead to the living fount of the idea to God. The universality i2i. The metaphorical language of the of the law in ^language'of Rabbis gives felicitous expression to the same thought, which illumines the Judaism of all times, and endows its prayers with deeper meaning and edifying virtue. God commanded Moses, it says, 1 to write the Law upon the altar, but to write it in each of the seventy languages. 2 That is to say, the Law is to be immortalized in the most sacred place, and in such a way that it may be intelligible to the whole of mankind, since it was given to Israel as the interme- diary of humanity. 122. Finally, to return to the main ques- 1 Sotah 36*. 2 The list of nations in Genesis 10 gave rise to the notion that only seventy languages are current among men. PRINCIPLE OF JE WISH E THICS 1 63 tion, the complete independence, the au- inquiry into the "chief good." tonomy, of morality, is conveyed clearly by the audacious idea, that as a moral agent, man is his own creator. 1 From all that has gone before it is ob- vious that in the statement of the ultimate reason of morality there is no room for the utilitarian principle, whether from the point of view of the individual or of the commu- nity. From the oldest times down to the present, the idea of utility obtrudes itself alike in the popular attitude (as expressed in proverbs, etc.) and in the systems of ethics pretending to be scientific. Utility is represented as the purpose of all conduct regulated by moral law, and is therefore considered its true reason. This notion is alien from the spirit of Judaism. There- fore, too, the inquiry into the " chief good," the frequent task of Greek and of modern research, is not Jewish. Rabbinical re- search on the aim of morality asked, not : 1 Tanchnma Ki Tabo; I'ayikra Rabbah, ch. 35. 1 64 THE ETHICS OF JUDAISM What is the " chief good " to be obtained by man? but: Which is the proper path, the good path, in which man shall walk? l The eye of the thinker was fixed upon the rules, not upon the result, of moral action. 2 The good things 123. Different in form of expression, of life a conse- quence, not the but essentially (even in methodological re- purpose, of moral C01 simon ten spects) the same, this attitude prevails in Yochai's charac- , , r 1-1 r teristic dictum, the search after and in the statement of uni- versal notions comprehending all the phe- nomena of the moral world. We are taught on what the world (that is, the moral world) stands, " on Law, Worship, and Charity," and by what it is sustained, " by Truth, 1 See Aboth 2: i and 2: 13. " Though Micah's brief but comprehensive exhor- tation (6:8), a corner-stone in the edifice of Juda- ism, proclaims " what is good," it surely is not proper to derive an argument from it with regard to the scientific statement of ethics. Yet there can be no doubt that the sentence, in all its simplicity of form, served to divert the attention of later thinkers from the inquiry into the " chief good," and lead it to the absolute value of moral conduct, since moral conduct alone is called " good." 3 Aboth i : 2. PRINCIPLE OF JE WISH E THICS \ 6 5 Justice, and Peace." The Jewish doctrine of ethics is not a doctrine of material pos- sessions. If the good things of life are referred to and the Rabbis, as we shall see further on, know their value they are thought of as advantageous consequences of moral conduct, not as the purpose aimed at, not as the motive. In connection with this, R. Simon ben Yochai's dictum is sig- nificant : " Beauty and strength, riches, honor, and wisdom, venerable age and a numerous progeny, are ornaments to the just and ornaments to the world." Liter- ally, they are nw, beautiful, suitable, be- coming to the just, and as the possessions of the just, as the adjuncts of justice, they adorn the world, that is, the moral sphere. 124. From this it appears that the chief, Love of the morally good or to speak more accurately, the only true ^: e ^ c e ^ good is the morally good. Or, from the the ' technic - point of view of man, love of the good, reverence for the law, and, as a consequence l Abothi:iS. * Aboth 6:%. 1 66 THE ETHICS OF JUDAISM love of the law, are the possessions for which man should strive. All else that is beneficial, agreeable, useful, and expedient, and hence is called " good," is subordinate and unessential. In a word : Love of the morally good alone is the ethic of life; all else belongs to tlic tcclmic of life. In theistic language, the all-embracing ethic of life is love of God; for God is at once the Good One and the principle of the good. What we can grasp concerning his nature are notions of the good, perfect pro- totypes of the good. In God they are per- sonal attributes, as virtues should in man become permanent attributes, features of character. Again and again, the question, how can God be loved, is answered : by lov- ing the good. Intimately connected with this thought is the discussion of the relation of man's conduct to its consequences on the one side, and to the absolute dignity of morality on the other. 125. The Biblical code, the Torah, PRINCIPLE OF JE WISH E THICS 1 67 threatens punishment for the transgression Reward and punishment of commands, and promises reward for their t u f il ( ]t ctrinc fulfilment. Yet ethical critics go far afield when they deduce therefrom a doctrine of utility as the reason of the moral law. It must be borne in mind that the Torah is at once a text-book of ethics and a theo- cratic code. 1 We shall treat later of the ethical teachings and their relation to the doctrine of retribution. As for the laws proper, whether they fall under the head of political, civil, or penal, they one and all are laws of the theocratic state, rules of conduct meet for a theocratically governed people. They are meant to regulate the expressions of the national spirit and to convey to the national consciousness the notions by virtue of which individuals, asso- ciations of individuals, families, communi- ties, peoples, society as a whole, join the life 1 So far as the statement of motives is concerned, there is no division. The ethical and the state laws . are simply divine ordinances on the basis of absolute morality. 1 68 THE ETHICS OF JUDAISM spiritual to the life material. They assign boundaries to the sporadic, inconstant im- pulses of man, systematize them, and direct them towards higher aims. To this end the religious feelings are to be cultivated, and the dogmatic notions arising from and corresponding to them are to be preserved and transmitted inviolate to future genera- tions. Though rooted in religious soil, they are treated from the point of view of public law. In this case, law is religion as well, and the religious standard is at the same time the law of the state. Reward and I2 6. Therefore reward is promised and punishment . . . . . . . . psychologic punishment threatened in connection with means to the fulfilment of ^i ie ethical and religious as well as the polit- the law, not , reasons, . j awg ^ow, does it mean any- thing to say that reward and punishment, natural consequences of fulfilment and transgression, are the reasons of laws? When the modern state punishes theft, do we call the punishment of the evil-doer the reason of the law? What does the state PRINCIPLE OF JE WISH E THICS 1 69 teach, demand, or decree, the avoidance of punishment or the equitable treatment of one's neighbor and his property? The threat of punishment and the promise of reward are the psychologic means to secure the fulfilment of laws, never the reasons of the laws. The modern state is in the habit of wording its posters thus : " Forbidden Penalty $5.00 " no mention of decency, justice, or other moral consideration. Does it follow that the punishment is the prin- ciple of the law? The state needs and de- mands acts, requires that its citizens do or omit to do, and it employs various means, among theni punishment, to secure action. But the inner reason why the state asks for deeds, the ethical idea, is not adduced. Nowadays, probably to gain the approba- tion of the law-making powers, motives are often added to proposed laws, but in the form promulgated laws never contain their motives. In short, a code is not a text- book. 1 70 THE ETHICS OF JUDAISM The modern European state rests, on the whole, upon the highest moral principles hitherto known, but it nowhere formulates them in didactic language, in universal, ab- stract terms. It is a task of peculiar diffi- culty to discover and state these principles and bring them into such prominence that they become part of the public conscious- ness, to be applied practically in improved legislation. In recent times jurists and philosophers have devoted themselves to the task, and among the Jews it was the occupation first of the Prophets, later of many a Rabbi. No matter, then, what one may think as to the purpose and meaning of punishment in the doctrine of retribu- tion, 1 it is certain that punishment cannot be regarded as the reason of the law. nor motives 127- Biblical language sometimes, it of action. . must be conceded, accommodates itself to the simple thought of the populace, which 1 The Jewish view will be discussed at length in the section on law. PRINCIPLE OF JE WISH E THICS 1 7 1 by nature and by nurture has a leaning to- wards utilitarianism. To urge the practice of the good, a reward is held out; to deter from the bad, punishment is threatened. But so far from constituting reward and punishment the real reasons of the law, the Bible does not even represent them as the real motives dominating the will. " Honor thy father and thy mother that thy days may be prolonged, and that it may go well with thee " (Deut. 5:16; Exod. 20:12), could never be taken to mean : you shall live long, therefore you are to honor father and mother. Rather does it mean : you desire (by nature) to live long; you will attain your ideal by honoring father and mother. Reward is mentioned as a fact of experience, as it were, as a natural conse- quence. It is not thought of as a motive, certainly not as the sole or ultimate motive. 128. It was reserved for the schools of the Rabbis to give complete expression 1 7 2 THE E THICS OF JUDA ISM Reward and to the meaning and purpose of reward punishment a pedagogic an( i punishment and to repudiate per- measure of the Rabbis. emptor jiy t ] ie } c | ea that retribution may constitute the reason of a law or a motive of action. It cannot be denied that many of the Talmud sages deferred, with too great in- dulgence, to the naive simplicity of the people, who value every action according to -its success. Thus they were led to dwell upon reward and punishment for the fulfil- ment and the violation of commands, and represent God's justice as doling out meas- ure for measure. The pedagogic point of view prevailed. The great mass of the people, with their untutored moral sense, required education and development to rise to the level of pure morality, and even when regarded from the heights of the most rigorous moral doctrine, life yields the ex- perience that there is no true happiness, no well-being, etc.,' without morality. To make it appear, however, that morality is a pre- PRINCIPLE OF JE WISH E THICS 1 7 3 requisite, a necessary condition, of happi- ness, is a concession to man's natural in- stincts. This is the point of view first of all urged upon individuals occupying a lower plane, to bring home to them the value and significance of morality. The good is recommended by its profitable con- sequences, the bad is made abhorrent by the evils arising from it. For the object aimed at is to direct the mind to the results of action, and so produce thought, increase the efficacy of conscience, and implant and cultivate an obedient spirit. The point of departure is the familiar psychologic pre- mise that, no matter from \A hat motive the good may be practised, personal experi- ence with the good will induce recognition of its ideal value, and teach that it is to be esteemed and sought for its own sake. " Doing a thing from an extraneous motive leads to doing it for its own sake." See Appendix No. 26, p. 296. 1/4 THE ETHICS OF JUDAISM The Rabbis repu- I2Q. Pedagogically, then, it may be jus- diato all by- ^'faHiimintof tifiable to recommend obedience to moral behests on account of the reward gained and the punishment averted. The danger, however, of never getting beyond this con- ception of the nature of morality is not slight, and from the purely ethical point of view the attitude is reprehensible. But beside the references to reward and punish- ment in Rabbinical literature stand numer- ous sayings which repudiate alike the idea that reward is the reason of the law and that it is the motive of its fulfilment, and these sayings were well-known and univer- sally endorsed. The oldest representative of the specifically Rabbinical mode of thought, if not its originator, was Antigo- nos of Socho, the immediate successor to Simon the Just, and he was the author of the sentence : " Be not like unto servants who serve their master with a view to recompense, but be like unto servants who serve their master without the expectation PRINCIPLE OF JE WISH E THICS \ ?$ of reward, and let the fear of heaven be upon you." This decided rejection of every by-pur- pose in the fulfilment of the law is echoed by Rabbi after Rabbi. Take, for instance, the severe condemnation of a low moral ideal by R. Pinchas and R. Simon, 2 or again in Sifre: Let none fulfil the law with the idea of receiving a reward or reaping bene- fit; but " whatever you do, let it be done from love alone." 130. But unconnected sayings are not Reward of one good deed final. The important consideration is that ^ hergood the Rabbinical view of life as a whole is in- stinct with the thought that the reward of a good deed is not an external, material, or other sort of natural consequence, but its necessary result another good deed. As evil, unatoned for, unexpiated, or unfor- 1 Aboth i : 3. *|1O'D. Vayikra Kabbah, ch. 36. 3 nnnKD &6x itwn vh o^w DDK^ no ^>D. Sifre Debarim, 41. 1 76 THE E THICS OF JL 'DA ISM given, must " beget an endless chain of evils," so the true, felicitous result of a good deed, the only result becoming the dignity of morality, is to generate the good, from various psychologic reasons, in its ori- ginator or in another individual. This dis- cussion on the reward of the good and the punishment of the bad may fitly be summed up in Ben Azai's saying: " One good deed brings another in its train, as one transgres- sion brings another; for the reward of a good deed is a good deed, and the reward of sin is sin." Reward and 131. It is proper to make mention of punishment not int S e?ferenc a e Ct but W ^ at tWnkCW of profound ethical insight ;ts to b ilw! have held in connection with the above and in opposition to the popular view. In their opinion, the regulation of the moral order by means of reward and punishment is not due to a succession of special acts of inter- ference, in the sphere of human life and activity, by the supreme governing power; 1 Aboth 4: 2. PRINCIPLE OF JE WISH E THICS \ 77 but they conceived it as a general, fixed sys- tem subject to ethical law and therefore comparable to the course of events in the material world. R. Eleazar said : " Since the Holy One, blessed be he, has spoken thus (' See, I set before you this day a blessing and a curse, a blessing if ye obey the com- mandments, and a curse if ye transgress them '), the good and the evil fortunes of men have ceased to issue from the mouth of the Most High. Evil comes of itself upon the evil-doer, and good upon him who doeth the good " a necessary conse- quence of the view that the reward of vir- tue and the punishment of vice are unal- terably appointed, and regularly lie within them. 132. This leads to the thought, incon- The laws of nature not trovertible from an ethical point of view affected by the moral order and based upon experience, that the world ofexistence - of nature is radically distinct from the moral world. In the natural course of events, the 1 Debar im Kabbah, ch. 4. THE ETHICS OF JUDAISM one does not encroach upon the other. Only through the mediation of a being like man, part intellectual, part moral, and at the same time endowed with natural powers, the two may overlap each* other. To the extent to which he controls the forces of nature and makes them subserve his ends, man, by virtue of his intellect, may of set purpose interfere in the course of natural events with his ethical (moral or immoral) volition. Left to itself, the moral order of existence runs parallel with the law-regulated course of the world. In its sphere the law of nature prevails unham- pered and untouched, as the moral law reigns with undisputed authority in its sphere. 1 " Stolen seed sprouts and grows as healthily as seed honestly acquired, pro- vided natural conditions are equally favor- able. The child born in sin develops in 1 A chapter will be devoted to the relation of morality to nature. The above aspect of the relation could not be omitted here in stating the foundation of ethics. PRINCIPLE OF JE WISH E THICS 1 79 accordance with the laws of nature as well as the child born in lawful wedlock." Events succeed each other in their own fixed way, without regard to man's posi- tively or negatively ethical desire. Error and malice, or intelligence and virtue may, in the one case, abuse the forces of nature, in the other, use them to good advantage, but they cannot change the laws to which the forces of nature are subject. It neces- sarily follows that natural events and their consequences cannot contain the motives of ethical action, certainly not the reason for the moral law. 133. We have considered two systems Relation of Judaism to of ethics in relation to Judaism : utilitarian- eudaemonis ism, whose principle is usefulness, and the doctrine based upon reward and punish- ment (whether they are appointed by a Divine Power, or follow as the natural re- sults of man's actions). Higher than either is the system of morals known as eudae- l Abodah Zarah $4 b . ISO THE ETHICS OF JUDAISM monism, the system that sets up man's hap- piness as the goal, and therefore makes it the principle of morality. In view of the historic fact that most ethical systems have had a eudasmonistic character, it is incum- bent upon us to state the relation of Juda- ism to eudsemonism. We may limit our- selves to the consideration of the most es- sential points, which appear equally in all the various forms eudaemonism has as- sumed in literature, the more so as Judaism accepts this principle as little as the others. Explanation of 134- Happiness is the inclusive term for eiidaemonism and its tasks, the highest state of well-being, content- ment, and enjoyment attainable by man. Therefore, according to eudsemonistic teaching, happiness is the goal of all human effort. However different the inclinations and desires of men, when once they rise above the satisfaction of the lowest needs, they form part of, or are preliminary to, the effort for happiness. This goal is reached by way of morality. Accordingly, ethics PRINCIPLE OF JE WISH E THICS 1 8 1 as a theory of happiness has the following tasks : 1. It has to explain wherein happiness consists; for the opinions of men diverge greatly on this subject, and it is the prov- ince of science to enlighten them and lead them to an understanding of what is the most perfect and the worthiest state attain- able. 2. It is to demonstrate that the highest state can be reached only by morality, that is, by moral 'cognition, principles, and con- duct. 3. Finally and chiefly, it is to state the laws whose execution constitutes morality, and through which happiness is secured. 135. It is proper to admit that eudae- its essential basis. monistic ethics, like the other systems, grants room within its theory to the purest and noblest commands, and, moreover, its principles have been professed by men of the most exalted character. Again, critical study of the history of ethical doctrines re- 1 82 THE ETHICS OF JUDAISM veals that the various systems differ from one another, not so much in their concrete content, that is, in what they command to do or to leave undone, as in the primary principle that is held up as the goal of mo- rality. The essential basis of eudaemonism is this: Every being, at every moment, is in a certain state, relatively better or worse, and his efforts are directed towards the better. Our personal experience vividly illustrates this general statement : man is constantly classifying his condition under well-being or discomfort, perfection or want, enjoyment or discontent. Natur- ally, then, the desire for satisfaction (and avoidance of the opposite) is the impulse underlying every motion and manifestation of life, and this impulse accompanies all activity incident to the development of em- powers and constituting the whole of our career. Then the aim of all effort is the state of perfect well-being, of completest PRINCIPLE OF JE WISH E THICS 1 83 satisfaction, to which we give the name hap- piness. Hence the most moral conduct is that which brings about this complete sat- isfaction. But according to the eudae- monistic theory it is the most moral, be- cause it brings about complete satisfaction, and because it thereby responds best to the natural impulse towards action. The satis- faction of man or his happiness, then, is the reason which renders moral the action calculated to effect his happiness. 136. .On the other hand, we have the opposition between view advanced, as was shown above, by the eudaemomsm and Judaism. Jewish spirit and Jewish ethics, that the reason and the goal of morality lie within itself. Not a state to be reached, not a good to be won, not an evil to be warded off, is the impelling force, the binding reason of morality, but itself furnishes the creative impulse, the commanding, supreme authority. True, the most moral conduct often affords the highest satisfaction, but not because it confers happiness is it moral ; 1 84 THE ETHICS OF JUDAISM because it is moral, it confers happiness. The simplest argument in favor of the theory opposed to eudsemonism is the fact that the spirit of morality may demand a course of conduct in contradiction, not only to the desire for satisfaction, but even to the more deep-seated instinct of self-preser- vation, for it may become a duty to sacrifice one's own life. The sacrifice of one's own life for ethical reasons can in no wise be said to be a satisfaction, but it may certainly be looked upon as an act of highest morality. Happiness and 137- In consideration of many facts, but bliss; this world and the next, especially of the above, the eudaemonistic theory steps beyond the boundary of earthly life, and takes refuge in the hereafter, where true, perfect satisfaction, where " bliss " awaits us as the result and object of moral conduct in this life. The position of Juda- ism, particularly as represented by the Rab- bis, with regard to these contradictory prin- ciples is clearly laid down in two of R. Jacob's sayings. PRINCIPLE OF JE WISH E THICS 1 85 " This world," he says, " is the antecham- ber of the world to come. Prepare thyself in the antechamber that thou mayest be ad- mitted into the banqueting hall," 1 that is, lead a moral life on earth in order to be worthy and capable of enjoying the bliss of the hereafter. Thus a connection is admitted between life on earth and a future life (of which earlier stages of Jewish thought took little cognizance). Morality here below corresponds to bliss hereafter. The discus- sion on morality, then, should consider man not as a mortal, but as an immortal being. 138. The notion of the hereafter and of The idea of the hereafter the bliss of the future life, though all higher J religions own it, has been but meagrely de- veloped. Later Jewish literature also con- fines itself to a repudiation of all material forms of life and pleasure in the world to come, and makes no attempt to outline a picture of the spiritual state expected, for, in our ethical survey, we may surely leave 1 Aboth 4: 1 6 seq. 1 86 THE ETHICS OF JUDAISM out of account the naive, childish, or mystic and allegoric ideas cherished by the popu- lace. The lack is comprehensible. We have absolutely no experience regarding the nature and the condition of the soul in a future life. Fancy, though re-enforced by dogma, requires living sources of knowl- edge. In this case, it is and always has been limited to idealizing inferences and idealistic suppositions based upon spiritual living in this world. 1 A critical point: 139- It is necessary to touch, however the philosophy of and of soctet* 1 ^S^fy upon an ethically weak point in V bssandof even the purest and loftiest of the accepted morality. . r .* e IT ideas concerning the bliss of the future life. All the speculations on the life hereafter take into account only the individual, but in the morality of this world society occu- pies the place of chief consideration. As 1 Even so sober a thinker and logical a psycholo- gist as Herbart indulges in them. See Lehrbuch der Psychologic; Gesammclte Werke, vol v, 246-252, p. 171 seq. [A Text-Book in Psychology; trl. by Mar- garet K. Smith, p. 197.] PRINCIPLE OF JE WISH E THICS 1 87 was pointed out above, and as we shall see later on more in detail, ethics is, if not wholly, at all events pre-eminently social ethics. The dogma of the hereafter is based solely upon a philosophy of the ego, but true recognition of man's destiny in this world can be reached only on the basis of a social philosophy. The same R. Jacob who regarded this world as the antecham- ber of the next gave strikingly clear and precise expression to the position of Juda- ism in the question concerning the fitness of eudaemonism to serve as the first princi- ple of ethics. He indicates the relative value of happiness in this life and the bliss of the future life, and at the same time the exalted value and supreme dignity attach- ing to moral conduct. The real meaning of his words lies in this, that by the manner of the comparison of temporal happiness with eternal bliss he forces into promi- nence the idea that the value of morality is not comparable with anything else. His 1 88 THE ETHICS OF JUDAISM words are : " Better * is one hour of bliss in the world to come than all the life (which includes happiness) of this world; but better is one hour of repentance and good works in this world than all the life of the world 1 The word used is HS', that is, more beautiful, which shows that the author was familiar with Hel- lenic culture and mode of speech. That the same is true of the author of Ecclesiastes is evident from Eccles. 5: 17, where the association of the good with the beautiful, " the good which is comely," is an unmistakable suggestion of the Greek K (the spiritually beautiful). 2 Aboth 4: 17 seq. CHAPTER III THE CHARACTER OF JEWISH ETHICS 140. Though its first appeal was to the The ethics of Judaism nation whose language it spoke, yet the nat^nli 1 ' not ethics of Judaism, even in its oldest form, was pre-eminently social. In its essentials, in its fundamental thought defining the reason and aim of morality, it was not na- tional, but universal ethics. In other \vords, moral knowledge was not held to have been created for Israel alone; it was for the world at large. The ideals of cor- rect conduct were proclaimed, not only for the members of the race in the midst of which they were conceived, but for the whole of mankind. That mankind may unite in the effort to grasp and realize these ideals is the burden of the most important prayers, the object of the unstilled longing, of the ever-renewed hope of all noble souls. 190 THE ETHICS OF JUDAISM The theory of HI. Among the Jews, more than among life u unit. other nations, the tendency of thought is towards complete, all-inclusive unity. This aiming at a unified theory embracing all that can occupy the mind of man has been visited with censure, 1 but the Jewish nation need not be disturbed about it. The re- sults of this unified theory of life in refining and deepening the ethical ideal are unde- niably great; it raises the moral spirit to its meridian height, whence it scatters all the shadows that gather beneath. The most 1 Renan in his earlier writings" (1859). Many, even in Germany, echoed his opinions. He himself rose to a more liberal as well as profounder view. See Steinthal, Zur Charakteristik der scmitischcn Volker in vol. i of the Zeitschrift fur Volker psychologic und Sprachwissenscliaft, pp. 328-345 (evoked by Kenan's Nouvelles considerations sur le caractere general des peuples semitiques et en particulicr sur leur tendance au monotheisme) . On the other hand, comp. Kenan's writings, 1882-83: Le Juda'isme et le Christianismc, and Le Juda'isme comme race et comme religion. Also, /- denthum und Christcnthum und ihre Zukunft, by Dr. Albert Friedrich Berner, Privy Councillor of Jus- tice, professor at the University of Berlin. Leipsic, 1891. pp. 8-15. CHAR A CTER OF JE WISH E THICS 1 9 1 beneficent effect of the tendency towards unity is visible in the cognition of the one- ness of God, the oneness of the world, and the oneness of humanity. 142. We are here not concerned with oneness and universality of the theologic and the inestimable religious the God idea - importance of the cognition of God's one- ness. It suffices to point out the fact that deities, with opposite attributes, ruling at the same time over adjacent spheres and after each other over the same, are not divine. The true God idea becomes possi- ble only with the cognition of absolute uni- ty. When different peoples own different gods, each is necessarily the god of his people, a national god. God acknowledged as One, beside whom there is no other, cannot be national. With the growth of knowledge, with the deepening of the reli- gious idea, national limitations drop away from the concept of God. A spiritual at- tainment can be reached only by many ef- forts, with gradual advances, and after fre- IQ2 THE ETHICS OF JUDAISM quent lapses. So the God idea as conceived by the Jewish race had a long, vicissitudi- nous history of spiritual striving and pas- sionate conflict, until, purged of all earthly dross in the flaming hearts of the Prophets, and liberated from the inherited shackles of thought, it so illumined, with its purity and sublimity, the soul of the Jewish people that Israel was fitted to become a " light of the nations " (Is. 42 : 6). Israel at this* height did not acknowledge a God of its own, but it acknowledged the God of the whole world and of all peoples as its own; and to the other nations it brought not its own, but their own God. It revealed God to them as the One and as the God of all, because it had found him within itself and itself in him. Thence the notion 143- Nature as a whole can likewise be of the unity of the world, comprehended only in her unity. So long as her various phenomena, her formations, and her forces are conceived as gods, dis- tinct entities, as in the heathen myths, CHARACTER OF JEWISH ETHICS 193 there can be no notion of the world in its totality, of the universe. It may be as- serted as a fact, that out of the notion of God as the One and the creator of all things in nature the notion of one universe grad- ually developed. Without reference to re- ligious concepts, compelled by the logic of the notion of God's oneness, the notion of world-oneness emerges; intellect grows, man's horizon widens, insight becomes keener, barriers fall, divisions cease. Ac- cordingly, monotheists of earliest times Melchizedek in blessing Abraham, Moses in his farewell song, and Isaiah in his great denunciatory address call heaven to wit- ness together with earth, and the Psalm- ists' descriptions of the universe are un- equaled for grandeur and unity. 1 144. God is the creator, not only of na- unity of mankind as an ethical ture, but of man, of all men. All are de- J?%3 moi fJ:j! e Rabbis. Akiba scendants of a single couple created by God. ai 1 Comp. Alexander v. Humboldt, Kosmos, vol. n, p. 45 seq. 1 94 THE E THICS OF JUDA ISM This thought the Rabbis turned to ethical use. The unity of mankind is considered by them from various points of view : it is seen and proclaimed to be an idea fraught with ethical consequences; but at the same time, they recognize clearly that, though stated from the first as a simple fact, it in- volves moral requirements, promises, and hopes, which only the future can and shall fulfil. Akiba designated the injunction, " Love thy neighbor as thyself " (Lev. 191.18) as the fundamental principle of the code. Ben Azai maintained that the sen- tence, " This is the book of the generations of man " (Gen. 5:1), contains a more com- prehensive principle. The words, " of man," mean all men in their unity and equality, for, as the same verse continues, all are created " in the likeness of God." 145. Keeping pace with the universal 1 See Sifra Kedoshim, ch. 4; Jerusalem Nedarim 9:3. So early an authority as Abraham ibn Baud gives this reason for Ben Azai's opinion. See Ap- pendix No. 27, p. 301. CHAR A CTER OF JE WISH E THICS 1 95 theory of life, primary ethical principles de- unity and equality. The veloped within Judaism, and produced a universally J human. conception of the history of mankind, at once suggestive and beneficent, that broke through the barriers of nationality. We shall see how, from the unity of mankind, the equality of all nations was deduced, and furthermore, within the ranks of each na- tion, the equality of all its members. One law for all no hereditary privileges for the one or the other estate or family. A doc- trine of ethics with aristocratic leanings could obtain no prevalence. The injunc- tions in Proverbs, the philosophic reflec- tions in Ecclesiastes, the problem of life in Job, are all stated in broadly human terms; the author's race is never mentioned. Again, the Prophet (e. g. Micah. 6:8), when he formulates the requirements of the idea in the name of God, addresses man (mtf); the Psalmist's fundamental doctrines (Ps. 15) are of universally human bearing; and, finally, the same liberality and elevation of 196 THE ETHICS OF JUDAISM thought characterize the fundamental works of the Rabbinical period. In the Mishnah, for instance, in the Ethics of the Fathers? all admonitions are addressed to " man." The establish- 146. For, the primary principle of Juda- ment of the moral world i sm as conceived alike by Prophet and the calling of oTw 1 ate 1 r d natural conditions and natural instincts, a new inner world is demanded, a spiritual and moral order of existence, leading neces- sarily to the spiritual union of all. The whole of mankind is called to co-operate in the establishment of the moral order, in the moulding of the world of ideas, and their realization in actual life. In the first place, every member of Israel's communion, without distinction or exception owes this duty. In Deuteron- omy (29 : 9 seq.) all are addressed : the cap- tains, the tribes, the elders, and the officers, 1 Especially the earlier chapters, which are the older ones. CHARACTER OF JEWISH ETHICS 1 97 all the men of Israel, with their little ones, their wives, and the stranger in the camp, even the lowliest in rank and occupation, the very hewers of wood and drawers of water all are to be united with one an- other by the bond of a common calling. They are to be constituted a " people " ( nvh from oor, "to connect," "to unite"; 29:12), they together with their descend- ants of later generations (vv. 13 and 14). The members of a generation and their posterity, those present and the absent, the living and those yet unborn, all together work at the same, at a common vocation. Deuteronomy 29 : 29 also points to the fu- ture : " The secret things belong to the Lord our God, but those things which are revealed belong unto us and our children forever." The developments of the idea that are still hidden have no binding force; like all undiscovered truth they lie in the 1 It is remarkable that D?ir IV does not appear in Mendelssohn's translation. 198 THE ETHICS OF JUDAISM bosom of God. But what has been revealed, what has become part of any individual's moral consciousness, and has passed into the state of moral cognition, is binding for all times, and rests as a duty upon mankind, rank and file. 1 The "stranger." 147- The stranger is mentioned above, His rights rest on religious grounds. j n th e passage from Deuteronomy, as a matter of course, along with the other classes of the people. If he has the oppor- tunity to acquire ethical knowledge and experience, he is not only entitled, but called upon to enter into the ethical com- munion. This relation of the stranger to moral law and order is plainly stated in many passages in the code. The following offers no possibility of misconstruction : " O Congregation ! one ordinance shall be for you and also for the stranger that so- journeth with you, an ordinance forever in your generations: as ye are, so shall the stranger be before the Lord. One law and 1 See Rashi on this passage. CHA RA CTER OF JE WISH E THICS \ 99 one manner shall be for you, and for the stranger that sojourneth with you " (Num. 15: 15 scq.). In connection with this take Numbers 9:14, and with regard to civil rights, Leviticus 24 : 22, where it is said : " Ye shall have one manner of law as well for the stranger as for. one of your own country." The end of the verse, " for I am the Lord your God," puts the civil stat- ute upon a religious basis. In a word, be- fore God there is no such thing as a " stranger." 148. The fate Of the Israelltish people Universal char- acter of the and the conduct of the surrounding i heathen, especially their idolatry and its im- moral practices, had necessitated laying stress upon national segregation. But the ideal visions of the future conceived by the most exalted of the Prophets were lumi- nous and forcible in conveying the univer- sality of their point of view. Jeremiah who, in telling of his call, describes himself as a Prophet, not unto Israel alone, but 200 THE ETHICS OF JUDAISM " unto the nations " (Jer. I : 5), proclaims a new covenant, to be " written in the inward parts and in the hearts," instead of the old one based upon exclusively national events (Jer. 31 : 30-32). He thus derived the ethical task from human nature, from the notion innate in man. With prophetic vision, the second Isaiah foretold that in the future even the specifically religious vocation will be espoused equally by all peoples. " Keep ye judgment, and do justice: for my salva- tion is near to come, and my righteousness to be revealed. Blessed is the man (pug) that doeth this, and the son of man ( DIK p ) that layeth hold on it. Neither let the son of the stranger, that hath joined himself to the Lord, speak, saying, The Lord will utterly separate me from his people . . . Also the sons of the stranger . . will I bring to my holy mountain, and make them joyful in my house of prayer . . . for mine house shall be called a house of prayer for all nations" (Is. 56:1-7). "And I will CHA RA CTER OF JE WISH E THICS 2O I also take of them for priests and for Levites . . . From one new moon to another, and from one sabbath to another, shall all flesh come to worship before (me, saith) the Lord" (Is. 66:21,23). As Renan remarks, Israel dreams " of a happy future for mankind, a perfect king- dom, whose head shall be in Jerusalem, whither all nations will stream to pay hom- age to the Eternal. It is obvious that such a religion has gone beyond the bounds of nationality. Doubtless there is at bottom some national pride. What historical work is free from it? But the idea is universal to the last degree." 149. In Talmudic literature this thought universality of the Talmudic finds confirmation, and is made still more writings. explicit. The moral world is there repre- sented as essentially a world of the spirit, growing out of human nature and looking to its ennoblement. Therefore the moral requirement is absolutely universal. With reference to the words from Isaiah last 202 THE ETHICS OF JUDAISM quoted, it is said that " all Palestine shall be as Jerusalem and all countries as Pales- tine." And the verse, " Let not the son of the stranger say, The Lord will separate me from his people," is brought into con- nection with Job's words, which are ascribed to God, " The stranger did not lodge in the street, I opened my doors to the wanderer." The explanation is added, that " God rejects none of his creatures, he receives all: the gates are always open; whoever will, may enter." universality of the i5- The lesson, that the capacity for moral law and of its aims. Examples, moral elevation and its highest possible 1 Pesikta Rabbati, i. Despite their awkward, alle- goric, often childish form, such sentences as the above reveal the elevation and grandeur of Agadic thought. The passage goes on to say, that " on every Sabbath and every new moon the clouds will carry all worshipers to Jerusalem and back again, each to his home." This figure of speech is ob- viously meant to indicate the harmony existing be- tween the peculiar, the nationally distinctive in the civilization of every people, and the moral convic- tions and religious knowledge present in the con- sciousness of all. ~ Shemoth Kabbah, ch. 19. CHA KA CTER OF JE WISH E THICS 203 goal are absolutely the same in and for the non-Jew as in and for the Jew, is conveyed not only in figurative language, but also in direct, clear statements frequently re- peated. From the recurrence, in the code and in the Prophets, of the sentiment, ' This is the law, the statute, etc., accord- ing to which man shall live " man, not priest, not Levite, not Israelite the infer- ence is drawn that the non-Jew, if he obeys the Law, " is equal to the high priest." Not descent is the determining factor; the impulse towards the ideal alone decides. Any human being can attain to the moral worth and dignity befitting the high priest in Israel. The passages are legion in which the doctrine of the universality of man's moral vocation is laid down. 1 A passage in Sifra 2 deserves special mention, because the reference in it to the universality of the moral law is particularly pointed. Besides 1 Baba Kamma 38 a ; Sanhedrin 59*. 2 Sifra Achare Moth, ch. 13. 204 THE ETHICS OF JUDAISM the above, other Biblical expressions are adduced for the purpose of demonstrating their universal application : " Open ye the gates, that the righteous nation which keepeth the truth may enter in " (Is. 26: 2) not the people of Israel, but the righteous people, any people among whom righteous- ness resides. Again, the words : " This is the gate of the Lord into which the right- eous shall enter " (Ps. 1 18 : 20) not priests, Levites, or Israelites, but the righteous, though they be non-Jews. Finally, " Re- joice in the Lord, O ye righteous " (Ps. 33:1) the righteous, alike whether Jews or non-Jews. Israel, then, was specially called unto moral purity and elevation, not on account of its blood, not by reason of superior quali- ties, inherited or innate, but because, after having acquired political liberty through the guidance of God and under the leadership of Moses, it was to strive for the inner liberty which manifests itself as CHAR A CTER OF JE WISH E THICS 205 obedience to divine law and the ideal re- quirement. 151. But the purpose of divine legisla- The purpose of divine legislation tion so the Rabbis teach explicitly and " aliza ^! nly , , * through the whole of Israel's election is not confined to Israel; of mankind - it is realizable only through the whole of mankind. " God gave Israel the Law that all nations may be rendered happy by it." The discussion of the law of loans is typical of the universality of the Rabbis, of their rejection of all national limitations. The text reads : " If thou lend money to any of my people " (Exod. 22 : 24), and the com- mentary says : Israel asks God : " Who are ' my people'? " and God replies: " The ^ poor. 152. The discussions growing out of Rabbinical controversy the phrase, " Ye are the children of God," concerning man's filial . clearly demonstrate the fundamental char- ' acter of the doctrine of the universality of the ethical vocation. To be called children of God is the highest patent of nobility. 1 Tanchuma Dcbarim. ' Shcmoth Rabbah, ch. 31. 206 THE ETHICS OF JUDAISM In explaining the Scriptural sentence (Deut. 14:1): "Ye are the children of the Lord your God," R. Abba bar Cahana asks the question, "When are you his children?" and answers, " When you are God's, that is, when you belong to God and obey him, and devote yourselves to him." His intention here is not to impose a limitation upon or give a national meaning to the accepted fact of God's universal fatherhood. That this is aside from his purpose is apparent from the intimate connection of the passage with the previous one. The verse, " My son, if thou wilt receive my words" (Prov. 2:1) is explained thus : " When art thou called my son? When thou receivest my teach- ing." It is obvious, then, that the real meaning of the limitation is, that as in the natural relation between child and father, we are truly children of God only through our devotion, only if we give ourselves wholly to God. 1 Tanchuma Ekeb. CHARACTER OF JEWISH ETHICS 2O/ This idea comes out still more plainly in a number of parallel passages. R. Jehudah says, for instance : " You are children of God when you conduct yourselves as such." This explanation is entirely free from invidious distinctions; its limitations depend upon moral facts. Yet his oppo- nent, R. Meir, presents an even broader, profounder view, the one held by the major- ity of the Rabbis. He says : " In the one as in the other case, whether they do or do not conduct themselves as such, they are and remain the children of God." The full and true idea of man's filial relation to God is here based upon the unalterable fact that all men are God's creatures and the equally unalterable fact of God's all-embracing and unchanging mercy. 153. According to Rabbinical teaching, R. Nechumah ben Hakanah's the path to salvation in this world and to exe s esis - bliss in the next is open to all men. Reli- gious observances, the Temple, the sacri- 1 Kiddushin 36*. 208 THE ETHICS OP JUDAISM ficial service, are not indispensable condi- tions of the attainment of the goal. Moral purity and a loving heart are the only re- quirements. In discussing the latter part of the verse Proverbs 14:34: "the kind- ness of the nations is sin " (nsnn Dnsix 1 ? non), certain of the Rabbis sought to justify an interpretation which accords with the view of St. Augustine, that the virtues of the heathen are but splendid vices (splcndida vitia). R. Nechuniah ben Hakanah found an altogether different and a beautiful ex- planation of the obscure passage, one more- over that received the endorsement of no less an authority than R. Jochanan ben Zakkai. 1 He held that " the love and mer- ciful deeds of the heathen are elements of atonement and expiation, as the sin-offer- ing had previously been for Israel." R. Jochanan himself had tried to assuage Israel's grief over the loss of the altar with 1 See Appendix (to 50) No. 11, p. 266. ~ Baba Bathra io b . CHARACTER OF JEWISH ETHICS 209 the consolation that only after its destruc- tion complete fulfilment of the divine sen- tence : " Love I desire, and not sacrifice " (Hos. 6:6), was possible. 1 154. The idealism of the heathen, as we The idealism of the heathen saw above, is accounted equal to that of the trtZ?o?the Ual high priest. Furthermore, we are taught hl without reservation, "Whoever rejects idol- atry (denies it, turns from it), is called Yehudi." Not birth makes one a Yehudi, but the repudiation of idolatry. And a man's ideal worth being independent of race and creed, the next doctrine follows naturally: The pious of all nations have a share in the world to come. 3 ISS- According to Rabbinical views, Moses and Balaam. then, the spiritual and moral heights within man's reach are in no wise affected by de- 1 Appendix No. 28, p. 301. 2 Megillah 13*. 3 Sanhedrin ios a . D^TDPI cannot be translated more aptly than by " the ideally inclined," and " having a share in the world to come " is the stock expression for the bliss of the future life. 2 1 THE E THICS OF JUDA ISM scent or religious profession. To the ideal, to spiritual attainments, to ethical convic- tions, an immeasurably loftier place is as- signed than to birth, race, or blood. The highest round of the moral ladder to which man and the Israelite can mount is that occupied by the Prophets. Among the Prophets Moses is regarded as the most exalted. Nevertheless it is said : When we read in the Scriptures (Deut. 34:10) that " no Prophet will arise in Israel like unto Moses," the meaning is: in Israel none will arise, but among other nations there will be one. And what non-Jewish Pro- phet was the peer of Moses? Balaam. 1 Proselytes heroes 156. That it was absolutely foreign to of the Jews. Jewish standards to make man's dignity and worth dependent upon accidental circum- stances, especially upon descent, is evident from the traditions, that many of the spir- itual heroes of the Jews sprang from prose- lyte stock, or themselves were proselytes. 1 Bemidbar Kabbah, ch. 14. CHAR A CTER OF JE WISH E THICS 2 1 1 The reader of the Scriptures remembers that David, the popular hero, who stood as the type of mundane glory combined with religious elevation, David, the anointed, victorious king and Psalmist, was descend- ed from Ruth the Moabitess. To prove the statement that " God loveth the stranger" (Deut. 10:18), the Rabbis ad- duce that God blessed Ruth, the woman of a strange people, by making her the an- cestress of David whose songs of praise ex- alted the majesty of God among men. The artist called in by Solomon to assist him in the building of the Temple came on his father's side from non-Jewish stock (I Kings 7:14). According to a common tradition, the teachers Shemaiah and Abta- lion, the predecessors of Hillel the Elder, were proselytes. Likewise Onkelos, 1 to 1 Was the translator of the Targum named On- kelos or Akylas? Did both Onkelos and Akylas make translations? Into Greek or into Aramaic? Not one of these questions has been finally answered by scholars. See M. Friedmann, Onkelos und Akylas, 2 1 2 THE E THICS OF JUDA ISM whom tradition attributes the translation of the Pentateuch into Aramaic. The same is said of prominent Talmud teachers, such as R. Akiba, and still more positively of R. Me'ir. If it came about later that Jews, especially those affiliated with the Rabbini- cal academies, entertained objections to proselytes and a violent aversion to prose- lytism, it was due to the complex motives that led to change of faith, and that grew out of historical events as well as psycho- logic facts. 1 As the outcome of the ani- mated discussion of this point we may con- sider the commonly accepted view, that the non-Jew has no need to become a con- vert to Judaism. Either he lives in accord- ance with moral principles, in which case he can dispense with creed, or he is lacking in purity and elevation of moral conviction, which cannot be replaced by creed. This Vienna, 1896. The only undisputed point is that both were proselytes. 1 See among other passages Ycbamoth 47 b . CHAR A CTER OF JE WISH E THICS 2 1 3 attitude, however, as we saw before (86), never prevented Jewish leaders from recog- nizing the superiority of voluntary accept- ance of the Law over inherited responsi- bility. In any event, the hesitation to sue for converts does not arise from any sort of particularism nor from the presumption that non-Jews are insufficiently endowed to become Jews. 157. It must none the less be accepted Particularism and universalism. as an historic fact that Judaism, especially in the province of the specifically religious, has from the first harbored two distinct ten- dencies, which may be briefly characterized as the national-particularistic and the humane-universal. The two tendencies ex- isted simultaneously in open opposition to each other, or succeeded each, other, the tendency favored by circumstances pre- vailing over the less favored. The one considers all details handed down by tradi- tion and incorporated in Judaism as of uni- form importance. From this particular- 2 1 4 THE E THICS OF JUDA ISM istic point of view, deviation from foreign standards, rejection of all foreign elements, is of the essence of Judaism, and the Jew is under obligation to separate himself from the alien. Therefore, there has been no lack of laws, of prohibitions in particular, Calculated to render difficult and to restrict intercourse with the non-Jew. The other line of thought distinguishes, within Judaism, between a kernel of essen- tials and the husk which is of incidental im- portance only. The kernel of Judaism is at the same time the aim of human develop- ment in general. Completely expressed, it is the ideal at once of the Jew and of the whole of mankind, and the highest promise and tenderest hope held out by Judaism is that all nations may unite in the common effort to approach its realization. The body of moral doctrines together with the fundamental religious thought of the one- ness of God constitutes this kernel of Juda- ism. To implant in mankind and to cher- CHAR A CTER OF JE WISH E THICS 2 1 5 ish pure, earnest knowledge of God is the essential content of Judaism. Therefore, intercourse between Jews and non-Jews should be as ideal, as flawless morally, as gentle, cordial, and loving as possible, for this path leads to the goal at once of hu- manity and of Judaism. 158. We have nothing to do here with A psychologic- subjective, not an the history of the conflict between the two ^ tendencies a conflict which continues to rage to this day, and to-day rages as bit- terly as ever. On the other hand, we are concerned in disengaging from the opposi- tion of ideas the ethical principle of Juda- ism, which manifests itself even in the con- flict, and in establishing that it is held to be essentially the same by the partisans of both sides. Isolated, accidental expressions are unavailing in such inquiries. The final so- lution must be abstracted from a variety of opinions acting upon and influencing one another. Then it will appear that the two tendencies differ not so much ethically 2l6 THE ETHICS OF JUDAISM as psychologically. Their opposition is not objective, as though its reason lay in the doctrine itself; it is subjective, due to the agents. The ethical teaching under- goes no change, but characters develop variously. In the theory of the two parties the goal of mankind is the same; they disagree only upon practical means and the attitude of the Jew at a given moment. Israel's particu- 159- The particularism of the earliest larism tended towards the period. Israel's conscious purpose to sepa- realization of * ""Ideal, rate itself from the other nations, needs no discussion. The fact and its reason and justness are alike patent. All nations were particularistic. In their relation to one an- other, they realized only the difference ex- isting among them, if, indeed, they heeded one another at all. They certainly did not regard one another as equals. It was part of Jewish particularism that the soul of the people was filled with the universal ideal, with the promise, the hope, the requirement CHARACTER OF JEWISH ETHICS 2\? that mankind be a unit in its highest goal. 1 Ethically this was the point of sharpest contrast between Jews and their neighbors, the radical, distinctive quality which con- stituted their superiority over the others. To cultivate this quality, to make it effec- tive, Israel had to segregate itself. In a word, Israel had to be particularistic in order to formulate and hold up the uni- versal ideal. 160. Later representatives of particu- Later and contemporaneous larism and those of to-day are not conscious ^con^do^iy" e .1 i 1 , , , strives for the of this deep-seated reason, yet it continues same aim. in force. Men of limited understanding do not look beyond the immediate result of daily practices and traditional usages. They 1 " Neither the literature of Oriental nor that of classical nations," says August Wiinsche, " can show a parallel to this result of world-evolution. The great Plato did, indeed, outline an ideal state in his Republic, but it lacks the Old Testament idea of universality. In Plato's universal state, Greeks are arrayed against non-Greeks in constant warfare; war is one of the necessary evils." (Die Freude in den Schriften des alien Bundes, p. 26.) 218 THE ETHICS OF JUDAISM do not discern the real value of their own loyalty and law-abiding nature. Their faith is better than they know; their achieve- ment in its effect upon the future nobler and more important than their present con- viction. For even the advocate of the uni- versal ideal admits, that the inexorableness of the Law, the rigor of tradition, was the protecting shell that preserved intact the delicate kernel of essential ideas. To this day every peculiar development of thought or form of conduct (customs, ceremonies, usages) has its definite value, though from the higher point of view it may no longer be considered an absolute duty, a binding law, or the condition of salvation. Noth- ing more than symbolic meaning is ascribed to it. contrasts and 161. Again, the straightest particular- points of agree- ment in the two Jsts do not COlltradict the WOrds Of the. Pro- tendencies. phets. The two tendencies are agreed as to the ethical goal, the moral ideas of the future, only the one is more, the other less, CHAR A CTER OF JE WISH E THICS 2 1 9 conscious of the final aim. The particular- ists are realists, thinking of the present alone; the exponents of the universal ideal at the same time consider the future. The former reckon with human nature, with the average computed according to psycholo- gic probabilities, and fear- loss of individu- ality and energy; the latter concern them- selves with the ethical task, and stake their hope on the power of the idea. Certain it is that the leading ideas of both rest on an ethical basis, that both therefore are justi- fied. It was admitted above (57) that jus- tice and mercy, tradition and reason, etc., are 'contrasts, both terms of which ori- ginate equally in ideal impulses, equally make for ideal aims. To discover for a given time and for given circumstances the proper measure of justification and appli- cation of the one or the other motive is, in fact, the task of all historical movement and conduct, in whose accomplishment, as a rule, the genius of an epoch or of an indi- vidual reveals itself. 220 THE ETHICS OF JUDAISM Additional points 162. There are Still Other points of COH- of contrast. trast involved in the opposition between the two tendencies. They take different ground on such questions as whether the obliga- tion to obey the Mosaic law rests upon Israel alone or upon all men acquainted with it. This leads to the larger question whether the reason for the fulfilment of the Law lies in its content, or in the purely external obligation imposed by the author- ity of the lawgiver, that is, in the fact of revelation. Furthermore, what ranks higher, traditional obligation or free sub- jection to the Law; its fulfilment because it is commanded, or by reason of voluntary assent? 1 1 A point that will be discussed later on. This is not the place, and in the present state of science and of Judaism it is not necessary, to dwell at length upon Mendelssohn's view as expressed in his " Jeru- salem," in many other respects a work of merit, and show that it is narrowly rationalistic. It harmon- izes neither with Talmudic tradition in its broadest features, nor with a lofty, liberal conception of the law, least of all with historical knowledge. (Comp. 86 and 156.) CHAR A CTER OF JE WISH E THICS 22 1 163. Over and beyond all this opposi- The universal principle in tion we reach what concerns us most close- particularistic passages. The ly, the thought, belonging to all parties in Noach Judaism, that the same ethical obligation, the same promise of equality, the same ideal hope exists for all men alike. The univer- sal principle asserts its full force even where the phrase has a particularistic coloring. For instance, it is said : " The Jews have three characteristic qualities : they are mer- ciful, chaste, and charitable," ' but the sen- tence is added : " Every human being that possesses these three qualities is worthy of being united with (that is, counted among) the Jewish people." Even the decidedly particularistic doctrine of the seven com- mands said to have been binding upon the sons of Noah, that is, upon mankind be- fore 3 the Mosaic revelation, comprises the J The first, jDm, expresses the feeling; 1DH the act. 2 Yebamoth 79*. 3 This gives no clue to the solution of the question, whether the obligation of non-Jews is confined to 222 THE ETHICS OF JUDAISM fundamentals of all moral conduct. Begin- ning with " law " as the basis, they proceed to avoidance of idolatry and blasphemy (? DK>n n:m). Chastity is demanded, and regard for the person and property of one's neighbor. Savagery and bestiality are con- demned, 1 and mild treatment of animals is prescribed. It is explicitly stated : " In moral questions the Jew and the non-Jew stand under the same law." But it is characteristic that in these sup- posed Noachian laws no mention is made of altruistic virtues, of charity and love, which are considered of the essence of the Jewish code. Similarly, the well-known four virtues of the Greeks, courage, wis- the fulfilment of these seven commands after the revelation of the Mosaic law. The use of the more specific nj ^2 (" sons of Noah "), instead of the customary D?irn niDIK (" nations of the world "), would seem to indicate a difference dependent upon time. The meaning of fiD"Q is dubious. 1 In the expression Tin }O "QN, " a limb from the living animal." 2 Sifra Achare Moth, ch. 13. CHA RA CTER OF JE WISH E THICS 223 dom, caution or moderation, and justice, neither include nor imply anything akin to benevolence or brotherly love. 164. Man's ethical relation towards his The ethical principle should fellow, when it comes to be actualized in S2S i j i 1 . , f experience. deeds, depends upon or expresses itself in the sympathy he expends upon persons or events. Experience shows that sympathy decreases with the distance of its object. A psychologic law of diminishing sympathy may absolutely be assumed. The further removed a person or an event is from us in space? in time, or in any other respect, as, for instance, descent, occupation, aims, fortune, and history, the less active is our sympathy. A conflagration affects us va- riously, according as it took place in the street next to ours, in a neighboring town, in an adjacent country, on another conti- nent, and according as it took place yester- day, or a year ago, or a thousand years ago. At the same time it must be remembered that this law of psychologic experience can 224 THE ETHICS OF JUDAISM be overborne by ideal, often imponderable elements. A distinguished personage, an historical event, may make a profound im- pression upon us, even though distant from us in time and space. It is not necessary here to expatiate upon this thought and apply it to the ethical code. When we come to the exposition of the social doc- trine of Jewish ethics, we shall see how the general ethical requirement accommodates itself to the particular, accidental fact; ' how the laws of ideality harmonize with those of the actual world; how conflicts aiuUcolli- sions may be avoided. Our present concern is to establish, that the ethical principle may not be made to depend upon practice, upon mere experi- ence, upon knowledge of its past exempli- 1 That a man is born at a given place, into a given family, belongs to them, to his city, his state, his generation, etc., and thus seems to have had a dis- tinct and limited sphere of duties assigned to him, or happens to have been put into relation with a particular set of persons. (Comp. Aben Ezra on Lev. 25:35, concerning the word CHARACTER OF JEWISH ETHICS 22$ fications; that the ethical principle, the fun- damental moral doctrine, must predominate and lay down the law; and, lastly, that it has always occupied this supreme place in the ethics of Judaism. 165. The elevation of a system of ethics, The elevation of a system of we gather from all the foregoing, depends ^thetph^ 1 , ., fj1 i 1-1 its application. upon the magnitude of the sphere to which Footnote: Praye for wreckage. it applies. The more extended the circle of those who are subject to the ethical require- ment, and therefore are called upon to form one moral communion, the nobler, the more pregnant the ethical content of the system. Hence the obliteration of all national or territorial division lines, the introduction of the notion of one all-embracing human family, is the characteristic mark of a sys- tem of ethics that corresponds to the true and perfect idea of such a system. Whether this distinctive mark is present ; whether, in other words, national barriers have actually been wiped out, and the no- tion of the brotherhood of men with all it 226 THE ETHICS OF JUDAISM implies is an integral part of a given moral doctrine, cannot be gauged by abstract theses, nor even by the number of those sharing in ethical obligation and dignity. Whether we deal with the relation of the individual to his neighbor, of one people or state to other peoples or states, of the native to the alien, of majorities to minori- ties, in any of these cases, the dignity and perfection of a system of ethics depend upon the concrete duties laid upon its adherents in their intercourse with outsiders. The question is not, what are the duties im- posed upon the outsider, but what do we demand of ourselves in relation to him, what rights are ceded to him, what part is he permitted to enjoy in the prosperity and take in the activity of a community. By the side of an abstract doctrine of " broth- erly love," there may be, not only facts * 1 Let me adduce a single fact of the sort. In this very century, all the nations professing the " religion of love " continued to maintain their property-right CHA RA CTER OF JE WISH E THICS 227 which prove nothing in this case but also statutes, legal provisions carrying with them the utter helplessness of the stranger before the law. 166. In the Rabbinical world there was sociological elaboration of no basis in fact upon which to build up the Sto^eby the . 1-11 1 fii ^1 1 Rabbis appears sociological development of the ethical only in general maxims. Solomon principle, that is, its full expression through and Hiram. provisions of public law. The Rabbis, therefore, could not go beyond general maxims, but these they urged constantly with special emphasis. The ancient world in general knew almost nothing of a union of nations for the ethical purposes of civili- zation. Voluntary alliances, chiefly offen- sive and defensive and of ephemeral impor- tance, contemplated only immediate politi- in wreckage, and a prayer was offered up in the churches on Sunday for a " blessed strand," that is, for the misfortune of fellow-men! We shall speak elsewhere more in detail of the difference frequently existing between the doctrine of morals accepted by a people (taught in the schools, from the pulpits, and on lecture platforms) and the laws and ordinances on its statute books. 228 THE ETHICS OF JUDAISM cal ends, which lack the ethical impress both as to purpose and as to means; and when war has once welded the conquered with the victors, the will of the people stands aside, and the supreme power of the state imposes the same yoke upon all. The amicable relation between Solomon and Hiram is one of the few exceptions his- tory has preserved for us. The natural products and the artistic talents under the control of the Phoenician were put at the disposal of the Israelitish king. Ethical convic- 167. Ethical convictions could be real- tions illustrated to the relation j^ed, then, only in relations growing up at of the native to * t note 1 TThe Fnflu- home, that is, of natives to aliens settled in ence of a nation's peculiar fortunes their country. All that the sources report upon its spiritual development. gQes tQ S J 1QW ^^ fa fafe rCSpCCt the ethics of Judaism occupies, not merely a promi- nent, but absolutely the most honorable place in ancient times. The fiercest light from the ethical theory falls upon the as- sumption that the Jews were the masters of the land, hence constituted the majority of CHA RA CTER OF JE WISH E THICS 2 29 the inhabitants, among whom dwelt settlers of alien race. When the Prophet Ezekiel described the future Jewish state as it took form in his fancy, he set up an ever-memor- able because unique principle. The whole land, the property of the community (or, as it were, a fief held of God), was to be divided among the tribes, and within the tribes among the families. An elevated moral standard and a clear notion of public law are reflected in the following instruction : " This land (previously defined by its boun- daries) you shall divide among you accord- ing to the tribes of Israel. And it shall be thus : you shall divide it by lot for an inheri- tance among you and among the strangers that sojourn among you that have begot children among you; and they shall be with you as those born among the children of Israel; with you they shall divide by lot for an inheritance in the midst of the tribes of Israel. And it shall be : in what tribe the stranger sojourneth, there shall ye give him 230 THE ETHICS OF JUDAISM his inheritance, saith the Lord God " (Ezek. 47 : 2I-23). 1 Bellinger says justly : z " The Jewish codes were more favorable to strangers than those of any other people," and he cites among other passages Deuter- onomy 10:19 and Leviticus 19:33 scq.: " The stranger that dwelleth with you shall be unto you as one born among you, and thou shalt love him as thyself, for ye were strangers in the land of Egypt." The former passage is preceded by the sentence : " God loveth the stranger." We have already spoken of the equality of all, including the stranger, before the law. This feature can- not be emphasized with too much force, because it is a characteristic product of the Jewish mind, belonging to it alone. Like the " love for the stranger " it is frequently repeated in the code (Lev. 24:22; Num. 1 Even the revolutionary law of the Gracchi did not propose to acknowledge the claim of every Roman citizen upon the territory of the state. 2 See Dollinger, Heidenthum und Judenthum, Vor- halle zur Geschichte des Christenthums, p. 788. CHAR A CTER OF JE WISH E THICS 2 3 1 15:16, and elsewhere). Whenever the law makes provision for the poor, it includes the stranger. 1 168. After the destruction of the second Temple the relation between Jews and 1 The peculiarity of the circumstances which Ezek- iel had to imagine in connection with the restoration of the Jewish state and the division of territory was probably not without influence upon the ethical view to which he rose. In general, it is true that the pe- culiarity of the Jewish people's fortunes is reflected in the peculiarity of its spiritual development. And certainly Israel's fortunes were peculiar! Misery stalking in the wake of defeat and in conflicts with such giants as Rome and Babylonia, defeat was inevitable despite headlong courage and self- sacrifice that Israel-Judah experienced in common with many nations. But that a people should re- turn from exile and succeed in establishing its na- tionality anew is an event without parallel. Israel's experience was unique from the first when it de- parted from Egypt (see 26). Again and again races have been subjugated, reduced to slavery or villen- age; but does history know of another horde of slaves that recovered itself, regained freedom, re- established its own civilization, its own government? It is eminently proper, therefore, that in the Pro- phetic as well as the Rabbinic cycle of ideas the Exodus from Egypt should occupy a prominent place. Its importance had been recognized still earlier, in the code, the Torah. The most exalted 232 THE ETHICS OF JUDAISM jews as settlers others was reversed. Jews became settlers among other fthtaS oifn'a- m states formed by other nations, usually tions. The i r f-r>\ israeiitish synod, conglomerates of various races. 1 his case The German israeiitish union W as provided for by the Prophet Jeremiah of Congregations. J J sanhJd!-1n Fre The m an admonition covering all the ethical German Kabbini- , . . . . _, cai Association, obligations of a citizen i Seek, ye the wel- fare of the city whither I have caused you to be carried away " (Jer. 29: 7) an admo- moral statutes concerning the treatment of strangers are connected with the Exodus, and are, from a psy- chologic point of view, impressively inculcated by means of the reminder: " Ye know the heart of the stranger" (Exod. 23:9). It is remarkable how even the law of Sabbath rest, at first sight uncon- nected with the story of Israel's slavery and redemp- tion, is brought into relation with and illuminated by it. The fourth commandment in the second ver- sion of the Ten Commandments, in Deuteronomy, disregards the dogmatic reason attached to the first (" for in six days the Lord made," etc. Exod. 20: n). It emphasizes the ethical motive, that the man- servant and the maid-servant should be granted a day of rest, and employs the memory of the Egyp- tian experience to urge consideration for subordi- natq. This method, characteristic of the Bible and still more of the Rabbis, of establishing a connection between the most important moral laws and the his- tory of Israel in Egypt, at the same time illustrates how nations should draw instruction from their fortunes. (Comp. among other passages, Deut. 24: CHARACTER OF JEWISH ETHICS 233 nition repeated and heeded by Jews in all times. Here follow some endorsements from our own time : The first Israelitish Synod at Leipsic, in 1869,' discussed and unanimously passed the following as its first resolution : " The Jewish Synod recog- nizes Judaism to be in accord with the prin- ciples of modern society and of the modern 14-15, and the whole chapter.) One more circum- stance requires mention. The fortunes of the Jew- ish race were for the most part necessary results of its numerical weakness. Only the Prophets, heroes of the spirit, saw clearly that Israel's peculiar task grew out of this very fewness of numbers. The great mass of the people continually labored under the delusion that they might be "like other nations." That is why Israel's political history came to naught, though the achievements of the Prophets to this day constitute one of the higher spiritual forces potent in the inner life of the civilized nations. It does not lie within our scope to pursue this idea, aiming at a philosophy of history. The reader is referred to my work: Der Prophet Jeremias, pp. 47, 51, 8r. The contrast between the two sets of influences may be briefly pointed out: Worldly dominion or spirit- ual supremacy; expansion of power or growing moral force: material harvests and successes or the radiating of ideal influences and impulses. 1 See Proceedings of the Synod, published in Ber- lin, 1869, p. 67. 234 THE ETHICS OF JUDAISM state founded upon law, as these principles were proclaimed by Mosaism, and devel- oped in the teaching of the Prophets that is, in accord with the principles of the one- ness of mankind, of the equality of all be- fore the law, of the equality of all in respect to duties and privileges in the state, and of the liberty of the individual in matters of religious conviction and creed." In 1885, the German Israelitish Union of Congregations published " Principles of Jewish Ethics." They had been discussed by a large assembly of scholars and laymen, at their request had been revised by me, and had then been endorsed and adopted by about 350 Rabbis and teachers of religion of all shades of opinion and 270 Jewish jurists of Germany and Austria. Para- graph 14 reads: "Judaism commands that its adherents shall love the state, and wil- lingly sacrifice property and life for its honor, welfare, and liberty." 1 See Appendix No. 29, p. 302. CHA RA C TER OP" JE WISH E THICS 235 The same thought was solemnly ex- pressed by the Sanhedrin convoked by Na- poleon I in France. 1 Recently (July 6, 1897), the German Rabbinical Association, whose members be- long to various religious parties, made a public declaration, which contains the fol- lowing : " Judaism imposes upon its ad- herents the duty of serving the state to which they belong with devotion, and pro- moting its national interests with all their heart and might." 169. Talmudic Judaism lacked almost The principles underlying the entirely the opportunity to develop its gen- J^^^. eral ethical principles to the point of appli- ofnon-je^s. cability to the details and multiplex prob- lems of practical life. The Jewish state had been annihilated, and the notion which the Rabbis were able to conceive of a great empire, especially of the Roman empire, paralyzed them by the technical perfection 1 See Appendix No. 30, p. 306. 2 See Allgemcine Zeitung des Judenthums. Berlin, July 26, 1897. 236 THE ETHICS OF JUDAISM of its organization. 1 From the ethical point of view, basing their judgment on their own experience, they considered it the embodiment of arbitrariness and lust of power, not to say lust of oppression and persecution. Besides, it was all the Rabbis could do to preserve and cultivate tradi- tion, to foster the feeling of solidarity among their scattered people. Indeed, even theoretic questions relating to the or- ganization of a great united community on the basis of their own ideals were not to be thought of. On the other hand, they had and used the opportunity to form au- tonomous communities. Primarily these communities were organized with reference to religious needs and religious communion. Yet the moral principles underlying them testify to a humanity of such largeness and nobility that the communities of the civil- ized European states of to-day but infre- quently attain to it. rhhn, Sabbath n a . CHARACTER OF JEWISH ETHICS Here we meet with the law requiring that moral duties be discharged with equal scrupulousness towards outsiders as to- wards brethreii-in-faith. As usual, the gen- eral regulation is made plain by means of typical cases. It is said : " The poor of the stranger are to be supported with (or) the poor of Israel; the sick of the stranger are to be visited 1 like the sick of Israel; the dead of the stranger are to be buried with the dead of Israel; (and the mourners of the stranger are to be comforted like the mourners of Israel), on account of the ways of peace." This prescription is based upon the Bib- lical law of equal love and care for the stranger with the Israelite. But the Rabbis bettered it, inasmuch as they address the demand not only to the individual but to the community as such. In the parallel 1 That is, " nursed." " Visiting the sick " is the technical expression for tending them. 2 Gittin 6i a . See 174. Comp. Maimonides Hil- khoth Mclakhim, ch. 10, Hal. 12. 238 THE ETHICS OF JUDAISM passage in the Jerusalem Talmud appears a still more important element. There it is proclaimed that the ethical communion be- tween Jews and non-Jews shall be expressed in the internal organization of the commu- nity. This idea reaches its maturity in an- other prescription, providing that strangers shall be called upon with Israelites to ad- minister the affairs of the community. 1 stress laid by the 170. The devotion of the Rabbis to the Rabbis upon gentle treatment text of the Biblical code and the acumen of the stranger. with which they entered into its explanation are matters of common knowledge. Every germ of a thought dropping from the Bible into their minds sprouted and bore fruit. This appears strikingly in the treatment of the relation of Israelites to the stranger. It did not escape the observation of the Rabbinical student of the Law that in enu- merating those to whom tender considera- tion is to be shown, the Scriptures put the 1 See Jerusalem Gittin 5 : 9. Comp. also Toscfta Gittin, ch. 5. CHARACTER OF JEWISH ETHICS 239 stranger even before the orphan and the widow; he follows immediately after the indigent Levite, consecrated to the service of God, and (in every case but one) pre- cedes the Israelite in need of protection and charity. " In thirty-six passages," it says, " the Scriptures have forbidden the vexation of the stranger even with injurious words." The stress laid in Jewish literature upon the humane treatment of the stranger com- pared with the Greek view of the stranger as " Barbaros " indicates the height scaled by Talmudic morality. Resh Lakish said: " To wrest the judgment of the stranger is equivalent to wresting the judgment of God," that is, is equivalent to attacking the moral order of the universe itself/ 171. The Rabbis did, indeed, lay down The stranger favored, and his a difference between the legal status of the ri f ht . s P^ upon a religious basis. stranger and that of the Israelite, but only with the purpose of throwing more jealous 1 Baba Mezia 59 b . * Chagigah 5 a . 240 THE ETHICS OF JUDAISM safeguards about the rights of the stranger. The simple, ethical motive of equality was re-enforced by another ethical motive, the honor of Israel, and by a religious motive, the honor of God. " Robbery of non-Jews is worse than robbery of Jews; the former involves desecration of the Divine Name," and what the correlatives, "desecration of the Divine Name " and " sanctification of the Divine Name " meant to the Rabbinical world will appear later. The stranger's 172. Any violation of the rights of the participation in enjoyments, stranger, then, was strongly deprecated. The Israelite was commanded to grant him encouragement, support, and all the ser- vices of love craved by human need. But the communion between Jew and non-Jew extended beyond this. The Israelite was bidden to give the stranger part in what- ever enjoyment life afforded him. Joys are 1 Tosefta Baba Kamma, ch. 10. 7f3 is the tech- nical expression for every sort of open injury, fraud, etc., in opposition to " secret " theft. CHAR A CTER OF JE WISH E THICS 24 1 promised and pleasures recommended, but " with the stranger thou must share them." " Thou shalt rejoice in every good thing which the Lord thy God hath given unto thee, and unto thine house, thou, and the Levite, and the stranger that is among you " (Deut. 26:11). Si 7^. Again, the provisions of the law "The stranger in the market-place." and the admonition to show friendship ap- plied not only to the alien settled in Israel's midst, but also to the chance stranger. The technical designation for the latter was " the stranger in the market-place " the market-place that attracts all alike, and therefore is the meeting-place of utter strangers to one another. Abayi was in the habit of saying : " Man should be in- ventive in ways of fearing God, should be gentle of speech, should control his wrath, and promote peaceable intercourse with his brethren, with his friends, with all men, even with the stranger in the market-place, that he may be loved above and below r (by of the ways of pe; 242 THE ETHICS OF JUDAISM God and by men), and be acceptable to all creatures." This commendation of ami- cable and peaceable relations is followed immediately by a reference to R. Jochanan ben Zakkai's civility, which comprehended even the " stranger in the market-place." Ethical legisia- 174- In dealing with the directions tion "on account ^of enjoining the equality of the stranger's with the Israelite's claim upon our charity, we met with the motive, " on account of the ways of peace" (169). The sadness of later times obscured the moral beauty of the thought conveyed by this phrase. To the middle ages it appeared a restriction placed upon moral value, a concession to prudence, as though the injunctions to which it is attached had been given, not for their own sake, not for the sake of morality, but for some external reason of expediency. It seemed to touch the prac- tical rather than the ethical side of con- 1 Berakhoth i; a . CHARACTER OF JEWISH ETHICS 243 duct. 1 In point of fact, however, the level- ing of the " paths of peace " (ni 1 ?^ on) as a motive even for actions tending to de- molish national barriers and promote the universality of the moral communion, is one of the highest aims of moral conduct. That this conception covers the true meaning of " ways of peace " appears from the passage : " The whole Torah exists only for the sake of the ways of peace." Obviously the idea here is the exalted one, that all ethical legis- lation converges in the blessed hope of es- tablishing peace among men, and this prin- ciple of fundamental importance is enun- ciated, not in some recondite Midrash 1 Especially in expressions that -fairly amount to maxims, the upward striving development of the ethical thinker must reveal itself. It alone guaran- tees the full understanding of a living thought bequeathed by generation to generation. Of the words of the Bible and Talmud, suggestive as they are, it is true that ^3B>ofe nhvth D n n miN (Prov. 15:24). For the wise, the paths of vital thought go always upward. ^a minn ^>D. 244 attributed to an- obscure disciple, but in the Talmud itself, where it forms the nucleus of the discussion on the " ways of peace " between Abayi and R. Joseph. 1 1 Sec Gittin 59 b . APPENDIX i. To 6. It cannot be denied that this method (or rather lack of method) of free Bible inter- pretation induced a neglect of strictly scien- tific exegesis. The connection of single sen- tences with the whole passage not to speak of the book in which they occur was disre- garded as completely as the peculiar spirit or style of the author, and no account was taken of the historical circumstances in which the expressions originated and to which they refer. It is a fact that the art of interpreting Biblical language according to its natural sense dis- appeared along with the desire and even the ability so to interpret it. (Comp., for instance, Aben Ezra, Introduction to his Bible Com- mentary, and Graetz, Geschichtc der Juden, vol. xi, pp. 13, 41 [vol. v, pp. 300, 328] ).' 1 References to the History of the Jews by Graetz will be made first to the German original, then, in brackets, to the translation published by the Jewish Publication Society of America (Philadelphia, 1891- 1898). 248 THE ETHICS OF JUDAISM This is the defect of the intellectual work of the older Jewish school, in sharp contrast with the scientific modern Bible Com- mentaries. The advantage of the method ap- pears in the text. 2. To 11. Comp. Sotah io b with its emphatic " Rather throw yourself into a fiery furnace than put your fellow-man to the blush." The large number of Rabbis on whose authority the sentence is cited proves the importance attributed to it. See also part u, end of ch. vi, note on the development of the Law by the Talmud. In the passage in Sanhcdrin (n a ) referred to, the Talmud represents God as answering Joshua's question about the offender with ex- quisite naivete: " Do you take me for an in- former? Find out the state of the case your- self " (by drawing lots. See Josh. 7). 3- To 12. A criticism of Hirsch B. Fassel's book does not lie within the scope of my work. However, so far as I know, it is the only sys- tematic presentation of the ethics of Judaism APPENDIX 249 published in recent centuries. All other books attempting the same combine ethical and re- ligious doctrines inextricably. I am, there- fore, tempted to show that Fassel's essay, in that it is not a specifically Jewish system of ethics, fails in the most important particular. Its very title 1 proves that first principles were not properly conceived, and that the book cannot give a complete scientific system. Beyond a doubt Fassel was master of the sub- ject-matter, and the ethical precepts he ex- pounded were convictions and rules of con- duct with him. Yet he never attained to a clear perception of the relations of his sub- ject. The determination to follow Krug's strain of thought was itself an obstruction. All honor to Krug's Ethics! But it is unde- niable that it differs fundamentally from the ethics of Judaism. Krug had nothing in com- mon with the mental disposition of the Tal- mudic heroes. By this I do not mean that the Rabbis were not acquainted with Krug's categories and turns of expression these are convertible and transferable.. But they knew pTV, die mosaisch-rabbinische Tugend- und Rechislehre, bearbeitet nach der philosophischen Tugend- uiid Rechtslehre des seeligen Krug und erldutert mil Angabc der Quellen von H. B. F. 250 THE ETHICS OF JUDAISM nothing of his subject-matter, of his questions and answers, his problems and solutions. On the other hand, Krug probably had no concep- tion of the peculiarity of Jewish ethics, the specific character of its principles, its theory of life and the world. Certainly he had no reason to take them into consideration in formulating his own system. Fassel marshals a great number of moral principles, but his exposition of them is slight, his effort to derive or establish them still slighter. A rich treasure of Talmudic sayings and teachings the most valuable part of the work is quoted in exemplification of his bald fundamentals. These sayings and teachings are utterly unconnected. They are piled up without regard to order. Their subordination to the general statements constructed after Krug's has almost no effect in revealing the true, inner connection of the sentiments. The philosophic light derived from Krug burns but dimly. Thus it came about that even so learned a man as Fassel put at the head of his work the inapt equation between ttDtJ>ni p"l and the doctrine of virtue and law. The concept or the word P1 has a varied and, even aside from its supposed connection with the Sad- APPENDIX 251 ducee party-name, an interesting history, par- ticularly significant in its derivatives. In this history it suffices to call particular attention to the following: On the one side, leaving its original province entirely, the idea is narrowed down to npiv , which means " charitable deed," " benevolence," or only the " charity strong-box." On the other side, it enlarges its scope to pHV, the ideal of manhood, the exponent of all that is good. Even in- the phrase B32>D1 npis, occurring in Prov. 21:3 and Ps. 33 : 5, R. Eleazar (Sukkah 49 b ) takes the word np" to mean " alms." Again, piv, which occurs in the Bible only four times in combination with BSfc^DI (Ps. 89:15; 97:2; Prov. 1:3; 2:9) always means " justice " as a principle, and t3SC?D implies both the statute and its execution. Even the two together do not constitute the whole of the moral idea nor, indeed, its highest require- ment. They may be looked upon as the most important, the indispensable condition of moral association (see part n, 283), as the beginning and the premise of nobler forms of fellowship, because their opposites set up the most effectual barriers between man and man. Law, therefore, may be called the foundation of moral society, but it is not the whole struc- 252 THE ETHICS OF JUDAISM ture, certainly not its crowning glory. Or, to tise another figure of speech, the vineyard must be cleared of stumps and stones and fenced in to insure conditions favorable to growth, but to produce wine more is neces- sary. Vines must be planted and nursed be- fore the field can be called a vineyard. The Psalmist (89:15) gives the essential meaning of ESEfCl pli in the exalted expression: "Justice and judgment are the prop of thy throne," but what of the rest of the verse : " Mercy and truth precede thy presence?" It would not be difficult to put the kernel of Jewish ethics into words that are terser and more striking. They should denote either the most comprehensive, or the high- est, or the most distinctive concept of the ethics of Judaism. These three attributes are found united only in the words Vnft D^np, "You shall become holy." Hence the idea of " holiness " may be regarded as the sign- manual of the ethics of Judaism. From the accurate definition of this principle all ethical maxims can be deduced naturally and surely, in logical order. It is an absolutely universal and a pre-eminently formal principle. By using as a fundamental principle such concepts as " law and justice," which desig- APPENDIX 253 nate manifestations of the ethical idea, that is, actual conditions, methodological purposes are thwarted rather than furthered. The ap- plication of the ethical idea to other concrete conditions is made difficult, if not impossible. A fundamental principle of this character is not sufficiently elastic to embrace the different spheres of existence, the various modes of life, the emotional relations, in which the eth- ical idea is to be made real. It is true that in establishing a principle of logical sequence and orderly derivation of such perfection as to afford a basis for an elaborate (applied) system of ethics, we cannot dispense with a knowledge of the actual relations of persons and things gained from external sources, that is, from experience. Every system of ethics is based upon the presupposition of a natural world in which moral ideas are to take effect. But the attempt to discover in the funda- mental principle, not alone the guiding rule, but the concrete subject-matter of ethics as well, is successful only by way of logical sub- terfuges, in other words, is only seemingly successful. For Maimonides and Aristotle, see Appen- dix No. 14, p. 273. 254 THE ETHICS OF JUDAISM 4- To 14. Griinebaum in his book, Die Sittcn- lehrc dcs Jiidcnthums andcrcn Bekcnntnisscn gegcniibcr (Strassburg, 1878), expressed this idea (p. 200), and confirmed it by excellent illustrations. " It is absolutely necessary to understand the language of the old teachers, disengage the kernel from the shell, and know how to distinguish between form and essential meaning." 5- To 15. Granted that the passage as it oc- curs in the Talmud (Sotah 35*) and in the quoted Midrash describes a miracle. That merely removes the true explanation one step further back. For, what is the spiritual source of a legendary miracle? The very belief in the power of the ideal conveyefl by the quoted passage, by the whole context, indeed, in which it is found, beginning with " God bears the world, etc." If the prolific author of the legend, R. Berechiah, was not conscious of its true im- port, that would only go to show that the ex- pression "he prophesies and knows not what" (x:n no irr fc6l KTJ) was applicable to him. APPENDIX 255 In fact, it is not necessary for any one indi- vidual to be conscious of the thought, to think it abstractly. The spirit of the people which produces the legend unconsciously cherishes the idea as a creative cause. With regard to the commentary upon the verse from Ecclesiastes, it should be said that there are many variants, some based upon pin 11 j'K (v. 3), some upon enn fN (v. 9); now using nhtfcb, now DTip. In the con- text the last may have referred originally to precedence in time or to superior excellence. The fundamental thought remains the same: in the moral world and only in it is found what is lacking in the natural world. 6. To 15 (end). Comp. also Sabbath io a and the fine passage in Maimonides, Hilkhoth Sanhcdrin, ch. 23, Hal. 9, which clearly illustrates the intimate connection between law and religion so characteristic of Jewish ethics. (Comp. also part n, 284 and Ap- pendix thereto.) 7- To 30. A monograph on ni2K rTDT would be highly desirable. The meaning of the term 256 THE ETHICS OF JUDAISM should be defined, its historical development traced) and a critical appreciation of its various ethical aspects thus made possible. As a mat- ter of course, such an essay should enter into a psychologic consideration of the stimulating and the relaxing influence exerted by the idea. 8. To 38. See Schiller's Brief e iibcr die asthc- tischc Erzichung dcs Mcnschcn. However, it should be pointed out that under various guises aesthetic motives enter into symbolic religious practices and customs as prominent factors, more assertive and influential, in fact, than the whole of religious art. It would be an interesting piece of psychologic work to determine their place. The festivals with their attendant ceremonies are full of aesthetic mo- tives, and the Rabbis softened and refined the punctilious rigor of the law by investing its ob- servance with forms of beauty; "the beauti- fying of duty" (,m'D TITTI) is a standing re- commendation. 9- To 48*. The footnote on Bcrakhoth 17* requires additional explanation. I have taken APPENDIX 257 in the traditional sense of " to boast," the Arukh, for instance, by a change of liquids considering it the same as i ?lJnr6. Others derive it from YI3, " fence," and define it " to separate, or seclude oneself." The meaning of the sentence in Bcrakhoth would then be: As a wordly occupation does not preclude the partial pursuit of science, so study does not preclude practical activity. Hermeneutically, this interpretation is not admissible. .The context refers to the Am ha-Arez, and the intention is to emphasize the equal value of different occupations, the prac- tical and the learned. Besides, the parallel passages in Chullin 7 a , Yoma 78 a , and Nedarim 8i a unmistakably sanction the sense of " boasting." If, as K"Bnn (R. Samuel Edles) maintains, the question turns, not upon the genuine pxn Dr (" ignoramus "), but upon the "io^> '121 irta" 1 'D2 Bl?n DV ^>3n (" one who learns each day as much as he can "), then the second meaning of -njnr6 has been vindicated by an ingenious sophism, but the nobler intent and whole value of the dictum are destroyed. It was not worth while for the Rabbis to formu- late the maxim. And why the sonorous in- troduction : '121 nnn *3X ? Casuistrv is ruinous 258 THE ETHICS OF JUDAISM to all ethical thought. Comp. Appendix Nos. 22, 23, and 26. The whole passage on nmj 1 ? "iniD n'T (" an ignoramus may be slit up ") or JiD inp? (" torn into pieces like a fish ") can be nothing more than a jest (see Pesachim 49 b ). Every doubt must vanish before the gradation from 3"nvi I^SN (" even if it be the Day of Atonement ") and niBa nvn 1 ? ^nB> (" even if it fall upon the Sabbath ") to the question put by the disciples: why not ItDnity 1 ? (" slaughter them")? culminating in the answer jll?0 nT "G1 H211 (" because slaughtering requires a blessing "). Only mediaeval misery burdening the soul could fail to recognize the intention to jest. The complete change of meaning produced by Alfasi's addition ( "iriK p iTnt5>3 'Dn mm, "because he ran after a betrothed maiden," and therefore incurred his fate only fpn D1H3ID, " on account of pursuit ") surely is an apologetic device invented by himself or one of his predecessors.. The matter is as clear as daylight, yet here are a few proofs: i. Why should both R. Eleazar and R. Sam- uel ben Nachmani, quoting R. Jochanan, have failed to mention the chief circumstance in so important a matter as murder?- 2. The whole series of sentences to which the above belongs APPENDIX 259 relates to the character and treatment of the pxn Di? in general. Is it conceivable that the most important of them should involve a special condition? 3. If jna Wip^> T11ID were spn DWDO, why limit it to the pxn Dr ? Would not the same law be applicable to the TD^n DDH ("disciple of the wise")? To allege K!T3E> yb (that " it does not occur with a disciple of the wise ") is simply sophistry. What a monstrous style for a lawgiver, to omit men- tion of the chief condition leading to a threat- ened result, and cite an unessential fact fav- oring the condition! If more convincing proof were needed that these are but "jesting words" (smnnm Nnb'-D), it can be found upon the same page in the ut- terance of no less a personage than Rabbi himself: nonin mm nsr 'w nm ~i^n ^>i3&6 TIDK psn nr .spm nDnm^i "piDS 1 ? -IIDN niirupDiiMrK^zncjirn 1 ] " An ignoramus may not eat the flesh of cattle, for the Scriptures say: This is the law of cat- tle and fowl, and whoever does not devote himself to the Law is forbidden to eat the flesh of cattle and fowl." Could any one seriously think that R. Jehudah ha-Nasi legally forbade an ignor- amus, pxn Dr, to eat meat? And gentle R. 260 THE ETHICS OF JUDAISM Akiba, who accuses himself (ibid.}, would he have touched a hair of the head of a D3H TD^n in his pxn Dl? days? Here, too, the progres- sion from the dog to the ass is proof positive of intended pleasantry. The clinching argu- ment is furnished by R. Chiya (ibid.}. If his words are not a wretched joke, they are pure nonsense. Again, can it be supposed that R. Eleazar ben Azariah meant to prescribe a penal procedure by his severe though none too harsh expression: He who slanders or gives ear to slander, and he who bears false witness, deserve to be cast to the dogs? Yet, even in our day, H3 imp 1 ? iniD, naturally with its casuistic limitation to the t)*Tn, has been considered a provision of the criminal law. See TiD'pnn B> hv naw TIK by Ben Zion f"D, Warsaw 5656, 1896. Note, p. 25. It is an untenable position. This little work is a suggestive warning against the dissipation of ample knowledge and great acumen by futile apologetics, brought about by loss of ability to see simple things simply, especially to discriminate be- tween jest and seriousness. All the expres- sions in which pTTiOl p^WD occurs are lightly thrown out; their subject is not a real con- cern of serious bearing. Instead of Ben Zion's fifty reasons, only this one is needed APPENDIX 26l to justify the Talmudic expression pimo in Abodah Zarah 26* and elsewhere. All the learning, ingenuity, and folly of his cardboard- house of fifty arguments against the false in- terpretation of the Talmud, collapse under the objection that fourteen centuries suffered the false interpretation without taking umbrage at the sentence. R. Meir's saying that "words spoken in a dream pTTiD &6l p^tfD &6," neither help nor harm, in a word, are mean- ingless, proves that the phrase is merely an equivalent for pT tfh) ^W> &6, that they are a generality to which no concrete meaning should be attached. Occasionally the Tal- mud indulges in blunt sarcasm. A Halachic opinion, reported by Eleazar in the name of Rab, displeases Samuel. He says: Give Eleazar barley to eat. See Kethuboth 77 a . Mr. I. I. Kalian sent me, incidentally to his kind proof-reading of this work, the accept- able information that R. Hai Gaon explained the passage in Pesachim 49** as 'Kin nn, " jesting hyperbole." See Responses of the Geonim, ed. Harkavy, Berlin, 1887, p. 197. 10. To 49. Would any importance be attached to the wrathful utterances of a French franc- 262 THE ETHICS OF JUDAISM tiretir of 1870 or of a German patriot of 1813, who had recently suffered from the rigors of war in person and property? The collection, of war-songs sung by the Germans in 'JQ-'JI contains one verse which occurs in the collection of i8i3-'i5, in other words, which kept itself alive during fifty-five years of peace. It runs thus : Schlag ihn todt, Patriot, Mit der Kriicke Ins Genicke. Again, one of the French songs of revenge anticipates France's supremacy. At the end it says: " Meantime, until we reach the glorious end, hatred and murder." And a little further up: " No shield henceforth but hate, hate equal to the enemy's! " Even Victor Hugo produces words of sav- age passion as the sorry fruit of sad events : " Poison the wells, the sleeping murder, Kill them with axes, pitchforks, and scythes." Ben Yochai had suffered, not only in per- son, but through the persecution and oppres- APPENDIX 263 sion of what was dearer to him than life, than his people persecution imperiling the teach- ing of the Law, oppression clipping its prac- tice. This subject is treated excellently by Michael Sachs (Bcitragc zur Sprach- und Altcrthumsforschung, vol. n, p. 150): "As the criterion for defining the attitude of the Germans towards the Romanic nations would not be deduced from the Teutomaniac expres- sions of rabid Germans against southern for- eigners (die " Wclschen "), so the religious teachings of Judaism may not be judged by Agadistic interpretations of Biblical passages originating in the period of the second severe persecution." And this thought gathers force from the fact that " grief over rights denied, over unmerited shame, and unheard of oppres- sion was satisfied to vent itself in these sym- bolic interpretations and amplifications of the prophecies " (p. 148). " History does not record many instances in which witty exegesis and immovable faith were opposed as sole bulwarks against might in full panoply, and there is no parallel to the triumphant assertion of an idea in face of crushing hatred backed by extraordinary resources " (p. 145). 264 THE ETHICS OF JUDAISM A hue and cry has been raised against the expression: " You are called men, but the other nations are not called men " (Baba Mesia H4 b and Ycbamoth 6i a ) seemingly a harsh sentiment,. Its author is the aforemen- tioned Simon ben Yochai. The objection to it falls to the ground as soon as we recognize that " not called men " is a favorite phrase to denote that the life of such a one is unworthy a human being. In Yebamoth 63* it says, for instance: "Who has no wife is no man, for ' male and female he created them. . . . and called them Adam ' (man, Gen. 5:2); only the two together constitute man." The phrase is applicable outside of the moral sphere, to the amenities and the practical side of life. Hence the expression: " Who owns no real estate, is no man " (ibid.). Finally, if we note the con- text in both passages, all harshness vanishes. The discussion is upon the ritual question, whether the grave of a non-Jew pollutes. R. Simon says with regard to Numbers 19: 14, " When a man dieth in a tent, etc.," that man here means Israelite, for the laws of clean and unclean, being ritual laws, apply only to Israelites, losing their validity, even for Israel- ites, beyond the borders of Palestine. Assuming, however, that the expression in 'APPENDIX 265 Yebamoth is not limited to Israelites, do not all European languages call a cruel or vengeful man inhuman, a monster? Is that not another way of saying: he does not deserve to be called man? Now let us consider the Roman perse- cutions and outrages. For instance, to cele- brate his brother Domitian's birthday, Titus had twenty-five hundred youths, Jewish cap- tives, slaughtered. In Vespasian's honor the hideous act was repeated by Titus Titus, the " delight of mankind "! To slaughter human beings, defenseless, innocent captives, and to slaughter them in celebration of birthday anni- versaries! (Josephus, Wars of the Jews, vn, 2, i; 3, i; 5, i. Graetz, Gcschichte der Judcn, vol. in, p. 544 [vol. n, p. 312]). Is it going too far to deny the honorable appellation of man to the perpetrator of such cruelty? The history of the humanity that stands the test of war, especially of victorious war, had not yet begun. ii. To 50. Thus, if we meet the views of two opposing parties, as, for instance, those of the Zealots and those of R. Jochanan ben Zakkai, we pay to the one set the tribute of compre- hension, to the other the tribute of acquies- cence. 266 THE ETHICS OF JUDAISM Vehement anger in the thick of the fight calls for no censure, but admiring praise is due him who rises above temporary ills to eternal truths. R. Jochanan, says Graetz (Gcschichte der Juden, vol. iv, p. 23 scq. [vol. n, p. 331, in part]), "appears to have acted as a shield from a political point of view for the young communities that he had created. His kindly and gentle disposition, in which he resembled his teacher Hillel, he displayed even to the heathen. It is related of him that he always greeted them in a friendly manner (Bcrakhoth i/ 8 -). Such friendliness offers a striking contrast to the hatred felt by the Zealots toward the heathen, which increased after the destruction of the Temple. The verse Proverbs 14:34, ' the kindness of the na- tions is sin,' was taken literally by the people of that time, and was applied to the heathen world with evident resentment and not to its credit. They said bluntly: ' The heathen may do ever so much good, yet it is accounted to them as sin, for they do it only to mock us.' ' 1 The same phrase was used in the French chauvi- nistic journals of this very decade, whenever a pub- lic disaster, such as the assassination of President Carnot, the Bazar fire of 1897, etc., elicited words and acts of kindly sympathy from Emperor Wil- liam II of Germany. APPENDIX 267 Jochanan alone explained this verse in a sense expressive of true humanity : ' As. the sin- offering atones for Israel, so mercy and kind- ness atone for the heathen nations ' (Baba Bathra io b )," in explanation of which it should be said that the word n&ttan is the technical expression alike for " sin-offering " and for " sin." To gauge the value which, in the eyes of the Rabbinical world, accrued to this view from the circumstance that it had originated with R. Jochanan ben Zakkai, we must keep in mind the prominent position he occupied at a crucial moment in Israel's history. It lies beyond the scope of this work to give an his- torical account. It can be found at length in the History by Graetz. His closing words de- serve a place here (Gcschichte der Juden, vol. iv, p. 27 seq. [vol. n, p. 333, in part]): "It cannot be repeated too often that the solid- arity of the Jewish people in the dispersion is due to R. Jochanan ben Zakkai's efforts. He succeeded in re-establishing the bond, par- tially ruptured by war, which united the most distant communities into one self-conscious, homogeneous congregation. In his person the transition took place from the tumult and complexity of political life to the quiet of a no 268 THE ETHICS OF JUDAISM less active communal and spiritual life. He joined in himself the qualities of the Prophet Jeremiah and of Zerubbabel, the Prince of the Return. Like Jeremiah, he sat mourning upon the ruins of Jerusalem ; like Zerubbabel, he called new conditions into being, like him, he stood upon the dividing line between two epochs, heritor of the one, creator of the other. Both laid the corner-stone of a new Judaism, which the generation following them reared to the full height of its completion." 12. To 55. It is proper to mention at least that the two tendencies are, as it were, personified in two of R. Jochanan ben Zakkai's most famous disciples.. Severe, unbending, inex- orably firm, R. Eliezer ben Hyrkanos teaches not a word and lets none pass unchallenged that he has not heard from his teacher. R. Joshua ben Chananiah, on the other hand, mild, conciliatory, circumspect, considerate, who heeds the demands of the present and of the future upon his people laboring under their burden and panting for knowledge and spir- itual uplifting, requires a reason for every law. Choice between the two is made without APPENDIX 269 hesitation. Joshua represents Judaism in the spirit of his master. Nor is it an accidental cir- cumstance that R. Eliezer, despite his great qualities, recognized and appreciated as such (by none more than by Joshua, his confirmed opponent), and despite his unbounded honesty and self-effacing staunchness, should have been under the ban during the latter years of his life. The interdict, by the way, had beeri pronounced against him, in the interest of pub- lic welfare, by R. Gamaliel, his own brother- in-law. It was Eliezer's principle that had to be in- terdicted. Real tragedy hero that he was, he defended it to the last. The nobility of his character appears from his opposition to the newly compiled ritual, the same now in use. His foremost objection to it arose, it is true, from the fact that it was not traditional. But this was fortified by the opinion that prayer ought to be the outpouring of the heart offered spontaneously, not in fixed, prescribed forms. 1 1 We are not concerned with prayer, yet it is not out of place to comment upon Eliezer's opinion. Attractive though it be at first sight, it applies only to prayer offered up in the privacy of one's cham- ber. Public divine service, the regulation of which was under discussion, cannot dispense with an ac- 2/0 THE ETHICS OF JUDAISM The respect enjoyed by persons or parties does not confer authority. Only opinions based upon research and reason may lay claim to validity. Joshua held firmly to this prin- ciple, as is attested by later legends clustering about his discussions with his opponents. They adduced signs and wonders in confirma- tion of their views, and finally a voice from heaven decided in their favor. Joshua insisted that man alone has the deciding voice in hu- man affairs, and that his decision must accord with reason (Baba Mcsia 59 b ). Joshua sup- ported his position by citing Deuteronomy 30:12: " This commandment is not in heaven, etc." He might have referred to the same thought expressed in the oldest law (Deut. 13:4), where signs and wonders are rejected as a method of distinguishing the true from the false prophet. The prophet's teaching is the sole consideration. cepted form. Nor does prayer lose aught of its power of elevating and edifying by reason of being cast in a fixed form. It is a psychologic fact that the real content of prayer, its thought and its feel- ing, always and in all circumstances, is modi- fied by the personality of the worshiper. It de- pends less upon the words spoken than upon ha- bitual impressionability and the emotion of the moment. APPENDIX 271 Graetz may be looked upon almost as a partisan exponent of conservative Judaism. Therefore his words concerning the sterility of traditionalism carry all the more weight. In characterizing R. Chanina ben Chama he says: " Among the Amoraim R. Chanina was like R. Eliezer ben Hyrkanos among the Tan- naim receptive throughout, never creative. If their point of view had prevailed, the Ha- lachah would have had to remain always un- changed, in the form as originally given. Its fruitful application, its development, and am- plification were not their concern " (Graetz, Geschichtc dcr Judcn, vol. iv, p. 283 [vol. n, p. 491, in part]). 13- To 55. There is pathos in the story of Akabiah ben Mahalel, one of the great tradi- tionalists (Eduyoth 5:6 and 7). He, standing alone, opposed the opinion of all the sages, because he would yield obedience only to the tradition he had received. He was called upon to retract, and was offered the highest imaginable reward, appointment to the presi- dency of the Sanhedrin. High-principled as he was, he refused, saying: " Better be called a fool all the days of my life than become a 2/2 THE ETHICS OF JUDAISM sinner in the sight of God for one hour." It is no less touching that on his death-bed he ad- vised his son not to cling to his father's tradi- tion, but to follow the majority. The inade- quacy of his theory is plainly evident in the reason for his counsel. When his son wanted to know why he had not retracted, he an- swered: " I heard my opinion from many, my opponents heard theirs from many You heard both opinions, mine from a single person, theirs from many. Follow the ma- jority." Only -the narrowness of the tradi- tional principle could suffer a literal counting of those from whom a tradition was received, and so establish a difference between the case of the father and that of the son. As though the "'many " accepted by the father as trans- mitters were not many for the son! Surely, that he had not himself heard these " many," but had gathered their opinion from the mouth of his father alone, could not have affected the opinion of the son seriously. Could he mistrust the tradition, because his father was a single individual? An erroneous translation of a Talmudic sentence by FasseL must be mentioned as a warning example. In citing (p. 88) the above Mishnah from Eduyoth, he represents the APPENDIX 273 father as answering the son's question, why he had not retracted at the bidding of the ma- jority, as follows : " Because I consider my opinion the truth, but you, etc." This is not a translation, not even a free or arbitrary translation; it is the insertion of an entirely foreign thought, one that obviously destroys the unity of the Mishnah, The point in ques- tion is not what is considered the truth, but the reason why a certain opinion is considered true, and this reason is discovered in the oppo- sition between an individual and a multitude. 14. To 61. Overzealous exegetes should not be permitted to cast doubt upon this fact. Truth requires the admission that there is a minimum of system in the Talmud, especially in the Gemara, and the logical derivation of details from general principles is imperfect. This remains a correct characterization even after philologic criticism has removed late in- sertions, and leaves only the text of our Mishnah of R. Jehudah or the hypothetical Mishnah of R. Akiba. Moreover, this mode of thinking endured so stubbornly that in point of system even Maimonides' Mishneh Torah 274 THE ETHICS OF JUDAISM appears mediocre and inadequate, though its author was disciplined by Greek philosophy, and the advance in logical order which it registers is great. Slight attention is given to logical deduction; only the most subordinate detail is connected with the broadest of prin- ciples, and the intermediate links marking a genuine derivation are absent. For the lack of logical consecutiveness in Maimonides' original philosophic treatise, the " Eight Chapters " (Introduction to the Mish- nah Aboth), a monograph on the foundations of ethics, Aristotle must in part be held re- sponsible. To have followed Aristotle here was not a happy idea. His Ethics, admirable as it is in other respects, is especially deficient in logical derivation of its contents,. Even Schleiermacher ridiculed the Aristotelian " swarm of virtues " in his Grundlinicn einer Kritik dcr bishcrigen Sittenlehre (a curious though excellent book, by the way). Per- haps the very strangeness of Aristotelian ethics attracted Maimonides. Yet it is astonishing that Maimonides should have failed to note the infinite diver- gence between the Aristotelian and the Jew- ish moral doctrine so completely as to inter- mingle the two. Thus it came about that he APPENDIX 275 could speak of the Aristotelian virtues of " the mean " in the same breath, as it were, with the divine pattern of true, real ethics, the inner, profound reason for ethical conduct. In the first five paragraphs of the first chapter of HUkhoth Deoth, these virtues of " the mean " are treated of, and the closing admonition reads: "And we should walk in these paths of ' the mean ' ; they are the good and proper paths, whereof it is said: 'Thou shalt walk in his paths.' ' : The sixth paragraph follows at once with : " So this command was en- joined: 'As he (God) is called gracious, be thou gracious; as he is merciful, be thou mer- ciful ; as he is holy, be thou holy.' In this way the Prophets invested God with all attributes, calling him long-suffering, full of kindness, just, perfect, omnipotent, etc., to point out that they are the good and proper paths, and that men are in duty bound to walk in them and to resemble him as far as they can." What, we ask, has the cycle of Aristotelian virtues gracefully disporting themselves upon the path of the golden mean virtues that, for the most part, are no positive virtues, only the mean between two vices ; virtues regulating the decorous behavior of the educated, well-to- do Athenian ; virtues utterly removed from the 276 THE ETHICS OF JUDAISM serious moral obligation which is of the es- sence of the Jewish spirit; virtues the lack of which indicates naught of abysmal guilt, the possession of which, naught of the heavenly heights of moral purity before God what have these comely, amiable virtues to do with the unutterably sublime idea of divine mo- rality? If this collocation of ideas is not blas- phemy and of blasphemy Maimonides cer- tainly was never guilty then it shows absence of critical thought; it is thoughtlessness begot of the currency of Aristotelian concepts and the veneration for them. The master, Aristotle himself, was more prudent. His " God " has none of the virtues that are to lead and adorn men. Justice, free- dom, goodness, are notions belonging to this world a world with which God has absolutely no connection. He does not even know the world, for knowledge of evil would defile, de- grade him. The twelfth book of Aristotle's Metaphysics and the eighth of his Physics make it clear beyond a doubt that his " God " is not a motive force; that he knows naught beside himself,. " God " thinks, but he thinks only himself, and in this self-examination he finds beatitude. Yet it is not so much Aris- totle's metaphysical view of God as his view of APPENDIX 277 the world that separates God from the world, particularly the sublunar world. Aristotle considers nothing in the world worthy to be the .object of God's thought. The funda- mental difference lies not in his theology, but in his ethics. In fact only an ethical principle of super- lative force, rigor, and elevation may be coupled with the divine pattern of morality (comp. part n, 214). It is perhaps most characteristic of the Ethics of Aristotle that politics, and politics alone, was regarded at once as its point of departure and as its aim. Ethics was not an edifice standing alone; it was merely a little annex to the palace of poli- tics. (See Nicomachcan Ethics, passim, but especially i, i and end.) Here we have the whole opposition between the two Systems: For Aristotle the politics of the tiny Greek state was the be-all and end-all of ethical consciousness. The Prophet's and the Psalmist's ideas culminated in the thought of God as the archetype of morality, inasmuch as he prescribes a moral aim for the world, and leads the world to its realiza- tion. For instance, God's justice appears in '131 pi3 "?nn D1BB, " With righteousness shall he judge the world, and the people with 278 THE ETHICS OF JUDAISM equity" (Ps. 98:9). Mark ^r\> which com- prehends the whole earth and all nations ! The ethical idea of God is most beautifully expressed in a little Psalm (67), whose -uni- versal tendency is palpable: (2). " God be merciful unto us, and bless us; may he cause his face to shine upon us," that the rays of his light may fall upon us. (3). " That thy way may be known upon earth, thy salvation among all nations. (4). " Let the people praise thee, O God; let all the people praise thee. (5). " The nations are glad and sing for joy, that thou judgest the people righteously and governest the nations upon earth." (6) like (4). th\y>, at the end of this exquisite Psalm, does not mean " vegetation," but (figuratively) "product." That all nations praise God for his moral government of the world, is the highest " product " of the whole of life on earth (v. 7). " God bless us," and if he blesses us, " all the ends of the earth will fear him " (v. 8), then the uplifting consciousness of the divine government or moral order of the world will spread to the uttermost limits. A literal interpretation of v. 7 is not in keep- ing with what goes before. How could the APPENDIX 279 poet descend so abruptly from the heights of world-ideas to cornfields and vineyards? And how tame the prospect, that if or because God gives food to the people, all ends of the earth will adore him! To remove any lingering doubt concerning the figurative meaning of rfe, see "D1 nosn pKO DDK, " Truth springs out of the earth, and righteousness looks down from heaven" (Ps. 85:12). The moral mean- ing of nOK (taken as truth or as loyalty) is in- contestable, therefore TOn must be used in a figurative sense. And are not n and TO! correlative terms? 15- To 64. In general it is a risk to follow later commentators blindly. Often they were tainted by the faults of a decadent civilization, and panting under the burden of the times, were unable to rise to the exalted sentiment of older sayings. The examples cited below show the necessity of throwing off all bias in order to comprehend the original idea in its purity and elevation. i. The noble sentence: "When a member of a brotherhood dies, the whole brotherhood should mourn for him " (Sabbath io6 a ), is 280 THE ETHICS OF JUDAISM stripped of its ethical meaning by Rashi, al- though R. Chiya bar Abba's quotation from R. Jochanan makes its true import apparent (ibid. io5 b ). 2. The thought tested and approved by ex- perience, that " the influence of virtuous men (called, as everywhere, D'pHV ) is greater after death than during life," is connected with a miracle tale, and robbed of the exalted lesson it conveys (Chullin 7 b ). 3. Again, the application depreciates the beautiful saying: "Great is work (a trade), it honors the workman " (Ncdarim 49 b ). 4. Reverence for Rashi and the profound gratitude Talmud readers owe him should not stand in the way of giving the truth its due. Quoting Rab, R. Jehudah explained, that in the words of the Psalmist (105:15, cited in the text, in 70), " Touch not mine anointed," " the anointed are the schoolchildren " (Sab- bath H9 b ), for they are called to bring redemp- tion to future generations. Rashi seems to have considered the flight too bold. He ex- plains the words by the custom of " rubbing oil on the heads of children," and so spoils the ethical admonition they convey and their poetic beauty. 5. The following is even worse: The moral APPENDIX 28l teachings of Psalm 15 are expounded in the Talmud. The words, " That lendeth not out his money for interest," are supplemented simply by: " not even to the stranger." The Bible, then, influenced by considera- tions of political and economical expediency, makes a difference between loans to a native and those to strangers. But the Talmud, ris- ing to the plane of the purely ethical, the uni- versally humane, abolished the difference. Rashi adds to the words, " not even to the stranger," the explanation, " that he may not be tempted to take interest from the Israelite." This shows that after all he objects only to the interest forbidden by the Bible, and cannot maintain the high standard of the progressive Talmud. Comp., however, Baba Mczia 71*. It is noteworthy that R. Amram Gaon de- mands that scholars at least shall take no in- terest whatsoever (the technical expression is " not a mote of interest " !) from non-Jews (Responses pnv ni5> 4O a ). 16. To 64. Instead of vrn^rb we should prob- ably read wwfor, the D being a dittography of the last letter of the preceding word (I. I. Kahan). 282 THE ETHICS OF JUDAISM In any event the root rbv is the reason of the derived interpretation. 17- To 65. In many cases, it is true, the defi- nite occasion, consequently the restricted meaning, has been asserted only by the his- torians. Such assertions should be accepted with great caution. For instance, an ingeni- ous, fertile historian like Graetz may invent the " historical " situation from a given say- ing supposed to be an allusion to it, or, again, may connect an actual occurrence with some saying upon whose origin tradition is silent Often " probabilities " are the only counters, and even so the result shows discrepancies. Take, for example, the boldness of Graetz in converting the oration in Isaiah 37:22-27 scq., which the Prophet represents as the word of God to Hezekiah, into a letter supposed to have been written by Hezekiah to Senna- cherib! It is inexplicable how the address in the second person to Sennacherib can be con- sidered a justification for this opinion, in view of numerous examples of such addresses in the Prophetical writings (comp. only Jer. 51:13; 22:20). Besides, the highly poetic APPENDIX 283 form of the verses is suited to a prophetic oration, but hardly to a letter dictated to a secretary of state and destined for the king of a foreign country. If it had been a letter of friendship, it might have passed. A state document of such menacing import not even the Orient would be likely to couch in ex- travagant language. 18. To 65. Such brief, incisive, and widely cur- rent sayings deserve particular attention in an historical treatise on ethics. They possess qualities in common with the oldest lapidary legislation (comp. pS mmb and Deut. 27:3). Theoretic research and speculation alike go back to them for the varied application and the acute analysis of a given ethical doctrine, and the unsophisticated layman is no less quick to discover, in everyday events, the op- portunity to apply such general maxims, though he may not be able to apprehend, cer- tainly not to state, the logical chain of ideas which legitimates the practical application. Among the sentences which have occa- sionally a restricted, but usually a general meaning, the following (quoted in part IT, 214) may be reckoned: " the commandments 284 THE ETHICS OF JUDAISM are not given for enjoyment " (i&6 unj nun*?). For Halachic purposes (see Rosh ha-Shanah 28 a ; Erubin 31*) the expression is restricted to its legal sense: the use of an object in the execution of a ceremonial law (a Shofar, for instance, in blowing) is not considered en- joyment. There is no doubt, however, that originally and in much earlier times the ex- pression had a wider meaning. In fact, only through the latter does its specialized appli- cation become intelligible and rational. Why should the employment of an object in the fulfilment of a command 'not be considered profitable employment? And if the point in question were only nwn "VlDW nrvn , " a per- mitting or forbidding of pleasure," why should the impressive phrase i:nj S^> have been chosen? But the Rabbinical mind was solicitous about keeping the ethical principle free from any admixture of the idea of utility. The saying is therefore directed against the eudsemonist, still more against the hedonist view of life. The doctrine of Epicurus must have had wide vogue in Palestine, else its author could not have been represented as the antitype of the law-abiding Jew (see Aboth 2:19). The pleasure derived from the fulfilment, APPENDIX 285 especially from the glad fulfilment, of com- mands had probably become an Epicurean subterfuge, which the ethical spirit of the Rabbis desired to render unavailing, so that men might fulfil duty for its own sake. Here, as in so many cases, the Kantian conception of duty and its contrariety to inclination sug- gests itself (comp. part n, 207, and see Steinthal, Allgcmcinc Ethik, pp. 42-54). Certain passages of Holy Writ undergo a like change of meaning. For instance,' the phrase ^JWDI 'no D"p3 Drvm has been torn from the context, in which it signifies: " Then shall you be free of your obligations towards God and towards Israel." Since days imme- morial, whether used by the people as a pro- verbial admonition or in learned ethical writ- ings, it has assumed the meaning: " Man must seek, not only to be guiltless before his God and his fellow-men, but also to appear guilt- less." Scrupulous accuracy in the citation of sources would require the derivation of this sentence, which undoubtedly is a Jewish ethical doctrine, not from the Bible, but from the authors who have used it, and given it currency, in the new meaning. The latter occurs in so early a source as the Talmud (see 286 THE ETHICS OF JUDAISM Pesachim 13*; Yoma 38*; Jerusalem Shekalim 3:2; and elsewhere). Another instance is afforded by the words of the Psalmist (quoted in 38),^n^K^nDW^, " they go from strength to strength " (Ps. 84:8). They are applied with great frequency, but always in the later, broad meaning. For their peculiarly suggestive use with this con- notation, in an important Talmud passage, see Appendix No. 40 in part n. 19. To 73. Sifrc Debarim, 240, is an old source reflecting the popular feeling. To the Biblical passage: " Because she hath wrought a disgraceful deed in Israel " (Deut. 22:21), the remark is added: " She has defiled, not only herself, but all the maidens in Israel " Luther is singularly mild here. He translates rbl) by Thorhcit (" folly "). Pos- sibly this word has lost in weight of condem- nation what Schimpf has gained. The latter has sunk from mere sport to disgrace. Briefer in expression, yet more comprehen- sive in meaning than the commentary of Sifrc, is the parallel passage in the Jerusalem Tal- mud : " This one defiled all Israel " (Kcthu- both 4:4). APPENDIX 287 20. To 76. The depth of Maimonides' ethical speculation is brilliantly illustrated in his eighth chapter. Aristotelian though he was, he emphasizes the coherence of all morality, the dependence of details upon the fundamen- tal principle. He goes so far as to ascribe prophetical spirit to him who derives single moral requirements from the essence of the idea of the good, and so puts him upon the highest round of the ladder of ethical percep- tion. It is, of course, not necessary to be con- scious of all the middle' terms between the loftiest ethical concept and the practical ques- tion under consideration (comp. 61 and Ap- pendix to latter; also my work Lebcn der Seek, vol. in, p. 41). Ethical conviction effects the junction between the highest principle and the problems of real life as they successively pre- sent themselves. The expression nNTl Dili; or rmvori notD (see Dcbarim Kabbah, ch. 4) has at times been used in a narrow sense. The spirit of the Rab- binical world and of Judaism invested it with the meaning in the text, and in this meaning it became a household word. 288 THE E THICS OF JUDA ISM 21. To 84. Kayserling, Das Moralgcsctz des Judcnthums, etc., translates R. Jochanan's say- ing thus: " Ethico-religious knowledge and at bottom such knowledge is the whole of wisdom has stability only in him who con- siders his knowledge naught as compared with the sum of what is worth knowing." In other words, R. Jochanan is represented as urging modesty and humility. By neglecting the expression IDVI? D^D, Kayserling has substituted a trite sentiment for a profound thought. Besides, if it were a matter of im- portance, it might be demonstrated that R. Jochanan hardly considered " his knowledge naught as compared with the sum of what is worth knowing." 22. To 87, To establish the meaning of the last quoted passage and justify the importance I attach to it, I desire to set up a general rule of interpretation (in compliance, by the way, with R. Jehudah's admonition in the same section of Sifrc, that general principles should be laid down, and deductions drawn from them) : APPENDIX 289 If an expression is quoted on a definite occasion, this does not prove that it was coined for the occasion. The particular ap- plication -cannot rob it of its general meaning. This applies with peculiar force to the case in which the reporter associates a quotation with a thought of his choice, whereby the sen- tence quoted is made to assume a definite meaning. In these circumstances we are in- deed obliged to consider the quotation in its context, but we are no less under obligation to detach it and examine it independently of the connection in which it appears. It may happen again and again that a re- porter, especially if, as in our case, he is the compiler, may merely have been reminded of the quotation. Yet he cites it as proof. Mnemonic suggestions (srDJDDtf) were com- monly used as proof, though considered of an inferior kind. The compiler may have been aware of the higher meaning, but along with it he knew another meaning, less important than the first, but not absolutely contradictory to it. He adduces the second, because it suits the context. Our passage in Sifre furnishes an admirable illustration. The compiler desires to recom- mend rcpctitio as the mater stitdiontm. Prob- 290 THE ETHICS OF JUDAISM ably to effect a connection with the Bible pas- sage, he says: " Investigate (e>Bfc?BD) the pre- cepts, examine them, that you may not forget them." We will not stop to argue with him for confounding investigation, the purpose of not forgetting, with repetition, the means of not forgetting. He continues: "Thus said R. Jacob too: ' Let us investigate the laws again and again lest rust gather upon them.' " To rust may, indeed, be a figurative expres- sion for the psychologic phenomenon of for- getting. But a simpler remedy would be repetition, which certainly did not suffer for lack of terms to express it, still less for lack of recommendation. One hundred and one repetitions are distinctly said to be preferable to a hundred repetitions. But B>BtJ>B means examining, investigating, and the reading t]E?Bt5>D (according to X'f in Friedmann in loc. a/.), to rub, to polish, would make no dif- ference. Not to rust, in the sense of keeping bright and polished, is an excellent figure of speech for the thought that the law should remain clear and true, and become more and more so. This interpretation is decidedly favored by the explanation of the Bible word coming immediately after R. Jacob's sen- tence: "131 D'amDl. It says: D'B>BB>B1 Dp3 APPENDIX 291 DBQ may mean to make fat or to spice, but it certainly is not a figure of speech for repetition or memory. It indicates im- provement or refinement of some sort. 23- To 89. The passage cited in the text is in somewhat similar case with that discussed in Appendix No. 22. In Baba Mczia 58", the Rabbis ( vn is the expression used) lay down the general dictum nXT1 11 now l 1 ? 1 ? "iiDDn in ^D pn^KD (" of every matter left to the heart the Scriptures say, ' but thou shalt fear thy God ' "). This they apply to the particular case, "men may not deceive one another even by words." Rashi's traditional explanation of this sentence, or rather, of the words, 11DD 3^6, does not win assent when the other in- stances, that is, the other passages to which the injunction "pn^KD J1NT1 is added, are taken into consideration. There are four such, namely, Lev. 19:14 and 32; 25:36 and 43. When deception is practised by words, it may, indeed, be said that God and the agent alone know the import of the words; hence the recommendation to fear God. But no such statement can be predicated of the com- 292 THE ETHICS OF JUDAISM mands, to " honor the face of the old "; not to " rule over thy servant with rigor " ; not to " take usury and increase of thy poor brother; " and not to " curse the deaf, nor put a stumbling-block before the blind." But these passages have a common char- acteristic which justifies the description "HDD 3^> (" left to the heart "). They all deal with an indefinable something that cannot be meas- ured, or weighed, or determined by rule.. The delicate perception, the fine tact, of a sensitive nature (see Mishnah Baba Mcsia 58 b ) is in- volved in the manner alike of showing rever- ence to old age; treating subordinates; guard- ing the defenseless and unsuspicious against every sort of mortification, and refraining both from the exaction of usury and from taking advantage of a debtor's impoverishment. If the general statement quoted in the text was actually applied with Rashi's understanding of it, it was in this case restricted to a narrower, less valuable meaning, which, however, does not prevent its use, as the other passages prove, in its true, wide, and higher meaning. In Sifra (on the cited passages), the expres- sion is likewise taken in the narrower sense, but it is made plausible only by adducing, under each general ordinance, a particular APPENDIX 293 case, into which the ignorance of the second party enters as a factor. To restrict it to particular cases is to divest of force and value the general ethical appeal conveyed by the Torah through the expres- sion nxvi attached to these commands. It is an illustration of the viciousness of the popular casuistic method. If nKTI referred to 2^h "HDD only in its traditional meaning, that is, divine privity in an act known to the perpetrator alone among men, then R. Simon ben Yochai's inference therefrom (loc.cit.}, that poo nxmn cnzn nwix "pna (" fraud in words is greater than fraud in money transactions "), were baseless; according to our interpretation it is completely justified. One more reflection: The things designated as skb TiDO are of paramount importance, be- cause though at first only the best of mankind discern and act up to them, later the noble example of the few, being imitated, makes them common property, and the standard of morality in general is raised. (Comp. part n, Appendix No. 41, end, the quotation from Ihering, noting particularly the opposition be- tween heart and hand.) 294 THE ETHICS OF JUDAISM 24. To 114. Kant attached such great import- ance to the psychologic aspect even in defin- ing the ethical principle that to this day his method is invested with the appearance of necessity. In order to disclaim eudaemonism and empiricism, Kant had to repudiate also the ideas of the English school of moral philos- ophers relative to a (sixth) " moral sense," " sympathy," etc,. Like the objective motive, so he preserved the subjective organ, of morality free from all that cannot be ac- counted pure, ethical volition. 25- To 117. Rabbinical literature contains sev- eral passages describing a scale of ethical views and conduct, each stage being consid- ered the cause of its successor. The Mishnic passage (Sotah, ch. 9, at the end) by R. Pinchas ben Yair is best known. The various readings in the two Talmuds and the Mid- rashim, enumerated by Bacher (Agada der Tannaitcn, vol. n, p. 496, note 5), prove that from the first the consecutiveness of the series was not understood. I am convinced that the true meaning of most of these notions APPENDIX 295 and of their causal, evolutionary connection, as the author thought it out, often with philo- sophic grasp, have escaped us, for we have not the slightest intimation of the underlying psychologic view. In fact, it will hardly do to assume that the author under discussion, known from other sources to be an extremist and inclined to mysticism, possessed a clear, settled, systematic understanding of psycho- logic relations. Bacher's attempt to interpret the series is attractive. S. R. Hirsch (Choreb, 112), who accepts the peculiar reading at the beginning used by *)"n (Alfasi), brings out a number of ingenious points, but many details as well as his theory as a whole rest upon an arbitrary basis. For example, the CJHlpn Pin stage he describes as " enthusiasm because you under- stand life and its purpose from so high a plane, because you grasp every detail, and illumined by God recognize the good and the salutary." (See 64, p. 88.) In any event, such passages deal with stages in the development only of a single, individual mind, that is, with subjective progress. Is similar progress asserted of the public spirit, of the human mind in the aggregate, objec- tively considered? This is the question at THE ETHICS OF JUDAISM the heart of all historical science. To work out the answer in terms of Judaism would be a most grateful task, and at the same time one most difficult of successful performance. It were an easier task and, inasmuch as its performance leads to the other, of more im- mediate importance, to deduce from the sources whether and how the Rabbinical view assumes such development to have taken place in the general attitude. The popular rule which considers the earlier authorities uniformly superior to the later, would seem to indicate a negative answer. But Talmudic expressions concerning the at- titude of the Prophets to the Torah and of the Rabbis to both; the hyperbolic legends on the relation of Akiba ben Joseph to Moses; and especially the paramount practice which makes a Rabbinical ordinance supersede a Biblical law, give abundant occasion to search for more exact notions entertained by the Rabbinic mind upon the progress of Ju- daism objectively considered. 26. To 128. A classical controversy attaches to the expression quoted. On the one side is APPENDIX 297 the oft-repeated view, that any act tending towards a good purpose is valuable even if its motive is not pure. Personal experience of the good must necessarily have the pedagogic result of making the good habitual and the ethical result of leading to recognition and love of the good as such. This view ob- tained wide currency in the familiar form: On the other side is the sterner view that the good should be practised for its own sake only. Raba sums it up in Bcrakhoth 17*: " As for him who does the good for reasons other than the good itself, it were better he had never been born." Doubtless we have a real difference of opin- ion here. The one permits, even demands, that though pure motives are lacking, good deeds shall be done, in the expectation that others will follow with consciously good mo- tives. The other considers a good deed done from an impure motive (such as, ostentatious charity, study for fame, etc.) a depreciation of the good. As obviously there is no differ- ence of opinion regarding the ultimate aim of. all morality, namely, to do the good for its own sake, the above disharmony can easily be resolved. Raba could not have failed to 298 THE ETHICS OF JUDAISM observe that the practice of noble deeds, even when not prompted by the purest of motives, often has the favorable result of ennobling the doer through personal spiritual contact with the good, and leading him up to the heights of true, full, that is, conscious mo- rality. But the general form of his state- ment, whose universality one is tempted to make complete by the addition of " always " (" as for him who always does the good," etc.), expresses the idea that if a man displays in- capacity or disinclination to purify himself by spiritual experiences and to be good con- sciously, then were it better he had never been born. Despite occasional good deeds, such an one cannot fulfil the purpose for which he was brought into existence, namely, to love and do the good for its own sake,. The essential harmony of the two views as well as the exalted character of Rabbinical ethics are strikingly demonstrated by the circum- stance that neither party deduces the value of good deeds performed in the absence of pure motives from their practical effect, which may follow regardless of motives, but from the pedagogic effect, that the performance of good deeds must, with psychologic necessity, bring about perfectly moral deeds and motives. APPENDIX 299 There is no room for any sort of argument from practical utility, which would so readily suggest itself to modern ethics. The question is purely one of personal, ethical value. I consider it my scientific duty not to leave the subject of this controversy without re- pudiating the casuistic method of harmonizing the difference between the two views, em- ployed by our great interpreters, Rashi as well as Tosafoth. Casuistry does not serve to dis- engage the truth from the contradictory say- ings of the Talmudic heroes. It is not for me to pass judgment concerning the applica- tion of the casuistic method to the Halachah, Certain it is, however, that in the domain of ethics, which is chiefly Agadistic, it produces confusion worse confounded. Thus, it is held that Raba's view does not contradict R. Jehudah's (Pcsachim 5o b ), that " man at all times should fulfil the law and its commands, even if it be not done for their own sake. Thereby he will learn to execute them from the purest of motives." For, it is further held, Raba's dictum applies only to the special, favorite case of a man's devoting himself to study for some extraneous purpose in the supposed instance not an innocent by-end, but unholy ambition to outstrip fellow-students. 300 THE ETHICS OF JUDAISM This is a complete emasculation of Raba's idea. In its universality it stands for an ele- vated ethical principle; in its casuistic restric- tion to a single case it is a truism unworthy of repetition. If all the Talmudic authorities in the world maintained that Raba had had in mind only the absurd special case, I should not believe it. And if the impossible came to pass, and Raba himself confirmed their opin- ion, despite all deference due him, I should have to say: Great master, then your lan- guage was not worthy of a sage and teacher of morality; for the fine-spun condition said to be the main consideration, you did not refer to with a single word, but the general idea, which you are supposed not to have enter- tained, is expressed without equivocation. Of what avail were clearly worded sentences, if their meaning were not to be gathered from the words used, but, in view of another au- thor's dictum, had to be restricted to some quibble? It is, to say the least, thoroughly arbitrary to suppose that Raba's general say- ing refers only to " study," as the commenta- tors assume.. (By the way, Tosafoth must have had vari- ous readings for the proper names; in some editions R. Lakish and R. Jehudah are sub- APPENDIX 301 stituted for each other in Bcrakhoth 17% and Rab and Raba, in Pcsachim 5o b .) Concerning the position of the Chinnukh in this controversy, see part n, Appendix No. 37. 27. To 144. The reader will permit me to refer also to Nachmanides' view (see ch. 37), which asserts that the difference between Akiba and Ben Azai is that the latter considers love of children (nn^in), the former, love of self, to be the greater love. It is characteristic, then, that each holds the love which he considers the greater to be the love enjoined by the Scriptures.- 28. To 153. R- Eleazar's opinion, that the Temple service was an element in religious life calculated to separate from instead of uniting with God, merits attention. He said: " On the day when the Temple was destroyed, an iron wall between God and the congrega- tion of Israel fell " (Bcrakhoth 32 b ). That R. Eleazar had in mind particularly the sacri- ficial service is evident from his expression quoted in the same passage: " Prayer exceeds all sacrifices." 302 THE ETHICS OF JUDAISM 29. To 168. The "Principles" follow in full: 1. Judaism teaches the unity of the human race. We all have one Father, one God has created us. 2. Judaism commands: "Love thy neigh- bor as thyself," and declares this command of all-embracing love to be the fundamental principle of the Jewish religion. It therefore forbids every sort of animosity, envy, malevolence, or unkindness towards any one of whatsoever race, nationality, or religion. It demands justice and righteous- ness, and forbids injustice, improbity, fraud, taking unfair advantage of the need, the heed- lessness, and the inexperience of a fellow- man, as well as usury and the usurious em- ployment of the powers of a fellow-man. 3. Judaism demands consideration for the life, health, powers, and possessions of one's neighbor. It therefore forbids injuring a fellow-man by force, or cunning, or in any other in- iquitous manner depriving him of his prop- erty, or leaving him helplessly exposed to unlawful attacks. 4. Judaism commands holding a fellow- man's honor as sacred as one's own. APPENDIX 303 It therefore forbids degrading him by evil reports, vexing him with ridicule, or morti- fying him. 5. Judaism commands respect for the religious conviction of others. It therefore forbids aspersion or disrespect- ful treatment of the religious customs and symbols of other religions. 6. Judaism commands the practice of charity towards all, clothing the naked, feed- ing the hungry, nursing the sick, comforting those that mourn. It therefore forbids limiting our care to ourselves and our families, and withholding sympathy when our neighbors suffer. 7. Judaism commands respect for labor; each in his place shall take part, by means of physical or mental labor, in the work of the community, and strive for the blessings of life by busy, creative activity. It therefore demands the cultivation, de- velopment, and active employment of all our powers and capabilities. On the other hand, it forbids inactive en- joyment of life and idleness confident of sup- port by others. 8. Judaism commands absolute truthful- ness: our yea shall be yea, our nay, nay. 304 THE ETHICS OF JUDAISM It therefore forbids distortion of truth, de- ceit, hypocrisy, double dealing, and dissimula- tion. 9. Judaism commands walking humbly with God and in modesty among men. It therefore forbids self-conceit, arrogance, pride, presumptuousness, boasting, and dis- paragement of the merits of others. 10. Judaism demands peaceableness, placa- bility, mildness, benevolence. It therefore commands the return of good for evil, to suffer rather than inflict injury. It therefore forbids taking revenge, nurs- ing hatred, bearing a grudge, abandoning even an adversary in his helplessness. 11. Judaism commands chastity and sanc- tity of marriage. It therefore forbids dissoluteness, license, and relaxation of family ties. 12. Judaism commands the conscientious observance of the laws of the state, respect for and obedience to the government. It therefore forbids rebellion against gov- ernmental ordinances and evasion of the law. 13. Judaism commands the promotion of the welfare of one's fellow-men, the service of individuals and communities in accordance with one's ability. APPENDIX 305 It therefore forbids slothful indifference to the common weal and selfish exclusion from the societies instituted for charitable purposes and for the betterment of mankind. 14. Judaism commands that its adherents shall love the state, and willingly sacrifice property and life for its honor, welfare, and liberty. 15. Judaism commands sanctification of the name of God through acts, and it bids us exert ourselves to hasten the time in which men shall be united in the love of God and the 'love of one another. In obedience to the fine injunction in Aboth (6:6, end), I add the names of the members of the commission charged with the com- pilation of the " Principles." They are as follows: Dr. David Cassel; Dr. Frankl, Rabbi; Herr Herrmann, Director; Herr Herz, Privy Councillor; Dr. Holzman; Dr. Kirsch- stein, Director; Dr. Kristeller, Privy Coun- cillor; Professor M. Lazarus, Ph. D, ; Herr Ludwig Loewe, Deputy to the Reichsrath; Herr Makower, Councillor of Justice; Dr. Maybaum, Rabbi; Herr Meyer, Councillor of Justice; Professor H. Steinthal, Ph.D.; Dr. 306 THE ETHICS OF JUDAISM Strassmann, President of the Common Coun- cil; and* Dr. Ungerleider, Rabbi. The first draft, somewhat more theologic in coloring than the above, was made by Dr. Kirschstein; the second, by Herr Makower, was charac- terized by the severity and conciseness of a legal document. On the basis of the debate on these two, I compiled the above, which was accepted by the commission. 30, To 168. Decisions Doctrinales du Grand Sanhedrin qui s'est tenu a Paris an mois d'Adar premier, Tan de la Creation 5567 (Fevrier 1807) sous les Auspices de Napoleon-le-Grand avec la traduction litterale du texte Franqais en Hebreu : 1 1 Les Decisions doctrinales ne faisaient que con- firmer et rendre doctrinalement obligatoires pour tous les Israelites de 1'Etnpire Frangais les resolu- tions arretees et votees ante"rieurement par 1'As- semblee des Notables convoyee egalement par ordre de 1'Empereur en 1806. APPENDIX 37 ART. VI. RAPPORTS CIVILS ET POLITIQUES Le Grand Sanhedrin, penetre de 1'utilite qui doit resulter pour les Israelites d'une declaration authentique qui fixe et determine leurs obligations, comme membres de 1'Etat auquel ils appartiennent, et voulant que nul n'ignore quels sont a cet egard les principes que les Docteurs de la Loi et les Notables d'Israel professent et prescrivent a leurs coreligionnaires, dans les pays ou ils sont point exclus de tous les avantages de la societe civile, specialement en France et dans le royaume d'ltalie, Declare qu'il est de devoir religieux pour tout Israelite ne et eleve dans un Etat, ou qui en devient citoyen par residence, ou autre- ment, conformement aux lois qui en deter- minent les conditions, de regarder le dit Etat comme sa patrie; Que ces devoirs, qui derivent de la nature des choses, qui sont conformes a la destina- tion des hommes en societe, s'accordent, par cela meme, avec la parole de Dieu; Daniel dit a Darius, " qu'il n'a ete sauve de la fureur des lions, que pour avoir ete 308 THE ETHICS OF JUDAISM egalement fidele a son Dieu et a son roi " (chap, vi, v. 23). Jeremie recommande a tous les Hebreux de regarder Babylon comme leur patrie: " Con- courez de tout votre pouvoir, dit-il, a son bonheur " (Jer. chap. v). On lit dans le meme livre le serment qui fit preter Gue- dalya'aux Israelites: " Ne craignez point, leur dit-il, de servir les Chaldeens, demeurez dans le pays; soyez fideles an roi de Babylon, et vous vivrez heureusement " (chap. XL, v. 9). " Grains Dieu et ton Souverain," a dit Salo- mon (Prov. chap, xxiv, v. 21); Qu'ainsi tout prescrit a 1'Israelite d'avoir pour son prince et ses lois le respect, 1'attache- ment et la fidelite dont tous les sujets lui doivent le tribut; que tout 1'oblige a ne point isoler son interet de 1'interet public; ni sa destinee, non plus qne celle de sa famille, de la destinee de la grande famille de 1'Etat; qu'il doit s'affliger de ses revers, s'applaudir de ses triomphes, et concourir par toutes ses facultes au bonheur de ses concitoyens; En consequence, le Grand Sanhedrin statue que tout Israelite ne et eleve en France et dans le royaume d'ltalie, et traite par les lois des deux Etats comme citoyen, est oblige religieusement de les regarder comme sa APPENDIX 309 Patrie, de les servir, de les defendre, et d'obeir aux lois et de se conformer, dans toutes ses transactions, aux dispositions du Code civil; Declare en outre, le Grand Sanhedrin, que tout Israelite appele au service militaire est dispense par la loi, pendant la duree de ce service, de toutes les. observances religieuses qui ne peuvent se concilier avec lui. 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