Part 12

Other decisions of Hillel equally significant could be cited. To lawyers especially, the study of them is fascinating; they are full of startling relevancy in the present time of unrest and agitation for legal reform in this country. And not without reason. What we are keen for now is a greater measure of social justice in a democratic community. A study of Hillel's jurisprudence--both the theory and the decisions affecting the workaday life of the people--will give one an appreciation not only of the beautiful spirituality of the master, his erudition and his imagination, but the characteristic coalition of letter and spirit, the emphatic sense of social justice, which has prevailed in the whole system of Jewish law.

_Hillel's Public Spirit and Humanity_

Thus Hillel, while head of his famous school of instruction, became the founder of a school in another sense--a school of interpretation of the Torah. This school, as already indicated, was marked by a leniency and elasticity of interpretation of the traditional law quite in contrast to the harshness and rigidity of the contemporary school of Shammai; it is the school of Hillel, leaning to the spiritual and the humane, that has prevailed ever since in Jewish law. Hillel made the people realize the truth of the famous text about the Torah: "It is a tree of life to them that grasp it, and of them that uphold it, everyone is rendered happy. Its paths are paths of pleasantness and all its ways are peace." Those who have mistakenly conceived the Jewish law as something dour and rigid, unlovable, unspiritual, should study the decisions and dicta of this great master.

Hillel's character is illustrated by a number of pregnant sayings of his that have been recorded in the Talmud. "Do not separate yourself from the community," was one of his characteristic sayings which genuinely expressed his public spirit. His sense of individual and social responsibility is summed up in his three famous questions: "If I am not for myself, who will be for me? But if I am for myself alone, what am I? And if not now, when?" His peace-loving nature and humanity found voice in his counsel: "Be of the disciples of Aaron, loving peace, pursuing peace, loving God's creatures and bringing them near to the knowledge of the Law." His disinterestedness, his liberal pursuit of the Law, that is, of knowledge, made him confidently say: "He who aggrandizes his name, his name shall perish. He who does not add to his store of learning and good deeds will suffer diminution. He who does not teach deserves death. He who uses the crown of the Law for selfish needs and personal advancement will be destroyed." Who had a better right than Hillel, graduate of poverty, to warn his contemporaries: "Do not say I shall learn when I will have leisure; perhaps you never will have leisure." And in every case, even when the conduct of a man seems most reprehensible, as when one of his colleagues Menahem left the Synhedrion to take service under the tyrant Herod, Hillel holds to this advice: "Judge not thy neighbor until thou art in his place."

Many a tale is narrated of Hillel's patience, unfailing courtesy and tact, tolerance and humility, even under the greatest provocation. The man who bet 400 Zuz that he would break Hillel's patience by silly and far-fetched questions lost his own temper at the consideration with which he was treated. And so the proverb became current, "Patience is worth 400 Zuz." And other tales are told of Hillel's considerate dealing with heathens who wished to embrace Judaism, in contrast to the harsh treatment meted out to them by his contemporary Shammai.

_Sage and Saint_

His perfect consideration and charity had in it even something of the quixotic. When a man came to him for assistance, he was wont to help him according to his previous position in life. Thus, in one instance where a man had formerly enjoyed great wealth but had suffered reverses, Hillel not only provided for him according to his previous standard of living but, it is related, even hired a horse for the man to ride on and a footman to run before him. It is added that on one occasion, when Hillel could not obtain a runner, he himself served in that capacity.

His wife, we learn, was a fit helpmeet to the sage and saint. Their domestic life was a perfect harmony. Once on returning from a journey Hillel heard a sound of quarreling in the neighborhood of his house. "I am certain," said he, "that this noise does not proceed from my home." On another occasion Hillel sent his wife a message to prepare a sumptuous meal for an honored guest. At the appointed hour Hillel and his guest arrived. But the meal was not ready. "Why so late?" asked Hillel. "I prepared a banquet," the wife replied, "according to your desire. But I learned that a couple were to be wedded to-day and they were too poor to provide a marriage feast, so I gave them our meal for their wedding banquet." "Ah, my dear wife, I guessed as much."

But the greatest and most constant hospitality was shown by Hillel to a guest who was always with him and uppermost in his thoughts. Every day it was his habit to withdraw for a while for private meditation. "Whither art thou going?" asked his colleagues and disciples. "I have a guest to whom I must show attention." "Who is this guest?" "My soul," was the solemn reply; "to-day it is with me, to-morrow the heavenly visitant may be departed and returned home."

Is it any wonder that, after forty years of activity in the Patriarchate, when Hillel died (in the year 10 of the common era), men said of him: "Meek and humble-minded, a saint has departed from among us, a disciple of Ezra the Scribe." The title fitted his career, for he came like Ezra from Babylon to Palestine and like Ezra he restored the Law when it was threatened with destruction. Great as a student, he was great also as an inspirer of other students. He left eighty distinguished disciples, of whom the youngest was that famous Jochanan ben Zakkai who became the savior of Judaism at the destruction of the second Temple.

[Illustration: Signature: M. Hyamson]

EDITORS' NOTE--Dr. Hyamson's portrait of Hillel is the first in a series of character sketches of Jewish Worthies to appear in THE MENORAH JOURNAL. The second paper will be on Hillel's disciple, Jochanan ben Zakkai.

The Quality of Mercy

_A Sixth Act to "The Merchant of Venice"_

BY WILLIAM M. BLATT

[Illustration: _William M. Blatt (born in Orange, N.J., in 1876) was educated in the public schools of Boston, and received his degree of LL.B. from Boston University Law School in 1897. Besides being engaged with the law in Boston and contributing to a number of legal periodicals, Mr. Blatt is also devoted to letters and has published a number of plays, including "Husbands on Approval," and many one-act playlets, including "The Danger of Ideals," which have been given professional performance._]

_Characters_: SHYLOCK, JESSICA, ANTONIO, GRATIANO, PORTIA, ISAAC, _a servant of Shylock_.

_Scene_: A street in Venice.

_Time_: An afternoon, two years after the last act of "The Merchant of Venice."

_As curtain rises, Portia and Gratiano discovered standing and looking down the street, Gratiano pointing._

_Gratiano_ Now Lady Portia look a long way off And see if you can recognize a friend.

_Portia_ A friend? One person only do I see-- A man, quite old, who hobbles with a staff.

_Gratiano_ He is the one I mean. Now look again And try to recognize his face, his beard.

_Portia_ Why, is it not old Shylock? Sure it is. And met most opportunely, on my word. Now, dear Gratiano, with this icy heart We must needs waste a score or two of words.

_Gratiano_ To make him help his daughter Jessica?

_Portia_ That is the task.

_Gratiano_ Too much for Hercules.

(_Enter Shylock._)

_Portia_ A moment, Shylock, of your precious time. You must remember meeting me before.

_Shylock_ Remember, nay then, how could I forget The noble judge who spoke so clean and fair And took away on quibbles all I owned.

_Portia_ Not all, good Shylock, half of it remained.

_Shylock_ Oh, true, I thank you for the half you left. I thank that kindly merchant, him that begged The Duke to quite remit the City's fine Which never would have done him any good-- I thank him for accepting what was all He could have claimed, the half of my estate.

_Portia_ In trust----

_Shylock_ I know. In trust until I die. And trust Antonio to eat it up. Is it not known that when he takes a risk Of more than common danger and doth lose, He makes a record that he did invest A part of my belongings in the venture? Belike by now there's not a ducat left. For that however I have naught but joy Because it means that she who was my daughter And that Lorenzo who's her paramour Will, when I die, inherit penury.

_Gratiano_ But if Antonio's trust should disappear They still would come by all you leave yourself; 'Twas thus the Duke decreed.

_Shylock_ I know a thing Or two that I could tell and make the face Of son Lorenzo somewhat longer grow.

_Gratiano_ Faith, often did Lorenzo say to us "The Jew will find a way to cheat me yet."

_Shylock_ To cheat him out of what? The gold he earned By robbing me, debauching my--my child?

_Portia_ Nay, let us not be quarreling, old man, I have a message that I want to give.

_Shylock_ No message from my daughter--none to me.

_Portia_ I meant not message, what I have is news. Poor Jessica has come to sorry straits. Her husband, having heard of what you spoke, The loss of what Antonio received, The tricks you have been playing with your own, Fell out with Jessica; they came to words; From words, they say, to blows. And so it seems He left her in a pitiable state.

_Shylock_ (_laughing wildly_) Good, good, good, good. I prithee tell me more.

_Gratiano_ The fiends fly off with thee. Hast thou a heart And canst thou hear the sorrows of thy child In laughter and with joy?

_Shylock_ She is no child Of mine. She is a wench who lied and stole Repaid my love with treason. Broke my heart And left me weakened for mine enemies To ruin and to taunt. Tell me the rest, Leave not a portion out. Describe her pain, Her hunger, her remorse. I would know all.

_Portia_ The font has failed to change thy cruel soul; Thou art a Christian, Shylock, but in name.

_Shylock_ Well, blame thy sacred water. Blame not me.

_Gratiano_ And so poor Jessica must starve and die?

_Shylock_ Why, no. For you and she (_pointing to Portia_) should be her friends. You Christians will not let a Christian fall.

_Gratiano_ Now there we cut the venom from thy tongue For Jessica will not accept our aid.

_Portia_ Indeed, old man, we know not where she is. We told you, that you might go search for her. Bassanio did offer her employment But she refused, belike because her shame Would not permit that we should see her shame. And so she fled.

_Gratiano_ And may not be alive.

_Shylock_ These circumstances you should tell unto Lorenzo. 'Twas he took her upon himself For better or for worse. Fare you well. I have affairs that interest me more.

_Gratiano_ Come, Lady Portia. 'Tis a waste of time. The Bible says that God did choose the Jews But says not what it was He chose them for. Our ancient friend hath made it clear to me That they were chosen by our gracious Lord To be a kind of warning and example Of what a misbeliever may become.

_Portia_ Thou wilt not save thy daughter?

_Shylock_ Lady fair, In this peculiar and imperfect world The virtues are divided into parts: For instance, mercy. Some do practice it, And some do merely preach. A third there are Whose only contribution is to be The text from which the second sermons preach; They neither preach nor practice. Such am I. Farewell.

_Gratiano_ We but insult ourselves to stay. (_Exit Portia and Gratiano. Shylock looks after them. Enter Antonio, sees Shylock, walks over to him and touches him with his stick. Shylock turns._)

_Antonio_ Hebrew, have I found thee out at last? Once more thy promises are broken, eh?

_Shylock_ Yes, yes. I pray you----

_Antonio_ Pray me nothing more.

_Shylock_ Signor Antonio, wait another day.

_Antonio_ Another day. For what? Until you hide A bag of ducats or a jewel case? Your bonds are by a fortnight overdue And day by day your fortune dwindles down. If I should sell the roof above your head And all your land and chattels, they would bring Less than enough to pay me what you owe.

_Shylock_ I prithee not so loud. But you alone Are cognizant of my disastrous state. My name is good. Perchance I may obtain A temporary loan to tide me through. But if my losses come to other ears Before my kinsmen and my ship arrive A bankrupt's ending stares me in the face. Wait, wait Antonio, surely he will come, My cousin Issachar who sailed away.

_Antonio_ Thy cousin Issachar will come no more. He promised to return three weeks ago.

_Shylock_ But think, remember, good Antonio, The vessel could not founder. 'Twas my best, Held in reserve, the last one of my fleet. Issachar swore he knew the very spot Where dusky natives mined the laughing gold And that if I would furnish men and ships The moiety of the cargo would be mine. Perhaps he is a little while delayed.

_Antonio_ Perhaps another theory will fit. Perhaps your kinsman filled the ship with gold And then did point his helm another way. Perhaps in England now he lives at ease And deems the whole is better than a half. Consider, sir, your kinsman is a Jew.

_Shylock_ He will not fail me, for he is my friend. Patience, good sir, patience a day or two. Deal with me kindly as so oft before You treated many an unfortunate.

_Antonio_ Let's have no whining. See you pay my bills No later than to-day. Expect no further time. I have done more than doth in truth become A Christian to oblige a Jew withal. Think not to share the leniency I give To men of Venice of my faith and blood. This case is different.

_Shylock_ But did thy Lord Not preach a creed of brotherhood and love And bid thee treat thy neighbor as thyself?

_Antonio_ He meant our Christian neighbors who reside By right of law and ancient heritage Within the land, but not the tribe who do Usurp the places of their betters. No!

_Shylock_ I am a Christian, made so by your Church. Your own priest said so and it must be true.

_Antonio_ 'Twas but a form to bend thy haughty will. In heart and manner thou art still a Jew. They should be glad that they can here remain To practice sacrilege, and cheat, and fawn. I marvel we can be so tolerant.

_Shylock_ The God who made this land and you and me Mocks at your selfish, mean, philosophy. When you or yours can build a mountain peak Or add a grain unto the universe Then talk of this fair ground as your domain. The earth is one and rests within His hand; The great and small His erring children are, But we who from Yisrael claim descent Are now the eldest of the family. The God of Justice never slumbereth. Jehovah is His name; His will be done.

_Antonio_ Mumble thy prayers if that affords relief, But if by sundown I am not repaid Another Moses must thou be and bring Another set of miracles from heaven Or lose the very coat from off thy back. By sundown--but a few short minutes hence. (_Exit Antonio_)

_Shylock_ Finished--almost finished--almost done. I see the wave that soon above my hopes, My fears, my sorrows, and my broken heart, Will roll in cruel triumph. I'm content. A long and troubled record I shall leave Of struggles in the dark 'gainst many foes. I begged for light to see my duty clear To see the purpose of my suffering To see the end that my Creator served In heaping hills of torment on my head. The light has never come. But now ere long I must be called where all shall be made clear. Till then a few weeks more of faith in Him A few weeks more with an unfalt'ring tongue To praise His wisdom though its end be hid. A few weeks more to walk within His law.

(_Starts to walk off. Enter Jessica in disordered dress and manner._)

_Jessica_ Father!

_Shylock_ Back! Away! Dare not to touch me.

_Jessica_ A word, a single word and I will go.

_Shylock_ (_trying to wrest his arm from her grasp_) Let be I say.

_Jessica_ Nay, but I cannot leave. I know not how much time I have to live. I marvel that this body thin and frail Has so long stood th' innumerable shocks Which in my married life it hath endured. Death must be near, it stretcheth out its arms, And I in answer have extended mine.

_Shylock_ Come not to me for money. Had I all The wealth of Sheba's mines I would not pay A mite to save thy fallen soul from hell. The potter's field may have thy rotten bones And owls and jackals pray for thy repose.

_Jessica_ 'Tis not for gold I beg but for thy love. I threw it from me like an orange sucked And turned to grasp the shining fruit that he, Lorenzo, pictured to mine eyes. Ah me, How bitter, hard and worthless to the taste Hath been that substitute. The marriage moon Had scarce grown full before my body bore The marks of coward blows.

_Shylock_ Ha! Ha! That's well.

_Jessica_ I have not known a single kindly word, I scarce have heard him call me by my name Since less than four weeks after we were wed.

_Shylock_ (_gloatingly rubbing his hands_) Hm!

_Jessica_ Oh father, why was I not told before That we and all our people are accurst; That those to whom we give our love and trust Curse us and loathe us with a dreadful hate, A hate that neither reason can assuage Nor conduct make amends for. Awful fate, That makes the very children of the street With circle eyes point at us in contempt, And people who have never heard our names Thirst for our blood and menace us with death!

_Shylock_ So thou didst think a priestly comedy Could make Lorenzo love his Jewish wife?

_Jessica_ I could have died for him. For him I fled And stole your wealth and helped your enemies. Why could he not have been a little kind?

_Shylock_ (_chuckling_) Come tell me how he beat you. Tell me that.

_Jessica_ Have pity, father.

_Shylock_ Tell me how he swore.

_Jessica_ Oh, torture me no further. Take me back. Love me not now, but let me win your love A little at a time. No day shall pass But in it I shall do some tiny act That will in time make up a wealth of deeds, And if we both are living long enough The balance will be as it was before.

_Shylock_ Thy pleadings are but wasted, Jessica, Thou canst not gain the end that thou dost seek. For even if I have the foolish will (And I assure thee that I have it not) To bring thee back to all the luxury, The silken clothes, the soft and perfumed beds, The shining jewels of thy girlhood days, I could not. I am almost penniless.

_Jessica_ Poor, and alone, and old! Nay, father dear, Thou couldst not drive me from thee after this Hadst thou the strength of ten. Let us go forth And find a little corner of the earth Where I may work and you may live at peace.

_Shylock_ I need no aid. I want no help from thee.

_Jessica_ Then give me thine. I starve for sympathy. I shall go mad. I saw my baby die And all around me were my husband's friends Who spoke in terms of polished elegance. With formal platitudes and commonplace Regarding me as something curious, A vulgar, noisy creature, lacking taste And proper self-control. While on its bier Lay all the joy that life in promise held. Dead, and my heart within it. (_Weeps_) (_Shylock turns to go, looks back after a step or two, and returns_)

_Shylock_ I did not know the little one was dead. Was it a pretty child?

_Jessica_ A pretty child! A cherub could not be more beautiful. Blue eyes and golden hair. A tiny mouth A dimple in her chin. (_Shylock puts his arm around Jessica_)

_Shylock_ Thy mother's face belike. So did she look. And how old when it--died?

_Jessica_ A year, a year.

(_Enter Antonio and Gratiano. Antonio touches Shylock on the shoulder_)

_Antonio_ Well, let us have an end. The time is up. I now demand the payment of my bonds.

_Shylock_ I have not moved since last you spoke to me.

_Antonio_ All's one for that. You had no move to make. Your whole estate is in the bailiff's hands And you yourself may come along with me.

_Shylock_ Where would you take me?

_Antonio_ Why, before the Duke.

_Shylock_ What need of trials? Freely I confess The debts I owe you. Take what you can find. Take ev'ry rag and counter. Take them all. Myself and Jessica must go away.

_Antonio_ Not quite so fast. The law expressly states That I may put you in the debtor's gaol And so I mean to do.

_Shylock_ But good Signor--

_Antonio_ No protest will avail. I know you Jews. You hang together in calamity And help each other while the Christians starve. Let them redeem you and repay my loss.

_Shylock_ Good sir, my kin are very far away And poor as I.

_Antonio_ 'Twill do no good to lie. Write letters. I will see them promptly sent.

_Shylock_ I swear to you Antonio--

_Gratiano_ Wait a while. First tell us if the oath thou art to make Is sworn as Christian or in Hebrew style; Though truly which to give the preference Is matter to discuss. A Jewish oath Thou canst not take for thou hast been baptised, And sooth to say I have a sort of doubt About thy reverence for Christian forms.

_Shylock_ By that great Power who can humble both Hebrew and Christian, I do swear to you That not in all this universe's span Have I a claim on friends or relatives As large as this. Much more have I the right To claim assistance from Antonio Who though he found me keen for my revenge And steadfast in assertion of my rights Can bring no accusation on my head Of underhanded trickery or crime.

_Gratiano_ Because we watch you pretty carefully.

_Shylock_ What say you, sir? You will not keep us here?

_Antonio_ I warned thee once cajoling will not serve. Write out the letters. That's the only way. I'll see that while you tarry in the gaol Your comfort shall not be too much disturbed. Your food shall be according to your wish And other things in reason you may have.

_Jessica_ Good sir, I think you know me, do you not?

_Antonio_ Why, are you not my friend Lorenzo's wife?