Part 20
Our concern, however, in the present world conflict goes further than our own immediate affairs, and meets those interests which we have in common with the rest of humankind. Much as we deplore the wanton destruction of property, much as we bewail the reckless loss of life, we mourn especially the diminution of ethical standards and the perversion of our whole outlook on life. For this means the lapse of much for which our own teachers have stood, the forfeit of many a principle which has been dear to the Jewish heart. Let me touch lightly upon three points out of the many that come to mind.
First of all, what we must deplore most is the defiance to law and to its reign which has become so marked a characteristic during the present war. The agreements arrived at in conventions, the bases of treaties, the binding character of compacts, and the sanctity of engagements--all seem to have been thrown into one melting pot. The mere fact that the expression "a scrap of paper" has become a household word, bandied about by orators and scribblers, shows the distance we have descended into the abyss. The whole structure of our international relations seems to have fallen to the ground and the labored work of centuries to have been undone in a few months. Now, the Jews have been from the earliest times a people that have laid the greatest possible stress upon the rule of law; so much so, that their own laws were supposed to have divine sanction. In olden Jewish times everything was regulated by law--man's relation to his fellow men, to the state, and to God; to such a degree that we have been blamed often for being a law-ridden people. We cannot, therefore, remain oblivious to the fact that the sanctity of law has now been rudely called into question and its authority greatly weakened. As Jews we must be deeply concerned in assisting the European world back to a full consciousness of the majesty and eminence of the rule of law.
But more than that, it was part of our earliest teaching that "thou shalt love thy neighbor as thyself." What clouds of hatred have not been blown from one line of trenches to the other! What volumes of spleen have not been sent from one country to the other! In countless speeches, in newspapers and in books, the doctrines of dislike, of animosity, of deepest malice have been preached. Men have been taught to look upon certain neighbors as born enemies, to see in those who do not speak their own tongue not only a stranger but an enemy. Back of the soldiers under arms, back of the cannons with their deadly missiles, stand millions of loathing men and women shooting darts of odium that reach further than any shell and that are more poisonous than any gas. When shall we be able once again to preach the beautiful teaching of the prophet, "Have we not all one Father; hath not one God created us all?"
And lastly, we must bear in mind that the Jews have been opposed from of old to the rule and reign of might as represented by the God of War. In a syllabus on the history of the Peace Movement just published by the Carnegie Endowment for International Peace, it is passing strange to find that the Old Testament is entirely overlooked and that from the first point, "The Cosmopolitan Ideal among the Greek Philosophers," the jump is made at once to the second, "Jesus Christ, the Prince of Peace." And yet we know that in the outlook of our greatest teachers and philosophers the vision of peace loomed large and powerful. "Ye shall not teach war any more," said one of our greatest. And for another the true sign of his prophetic mission is that he preached peace. How sadly these teachings have been belied in the present war we know only too well.
_Is War Necessary and Good?_
In many circles it has been held that development is possible for the human race only with the concomitance of war. What wonder--when modern teachers have preached just such a necessity? Even so great a religious leader as Luther said, "War is a business divine in itself, and is as necessary as eating or drinking or any other work." Should we then wonder that a historian such as von Treitschke has added, "War is the last revealer of power. God will see to it that war always recurs as a drastic medicine for the human race,"--or that another historian, Delbrueck, should have said, "What beauty was to the Greek, holiness to the Hebrew, government to the Romans; what liberty is to the Englishman, war is to the Prussian." Nietzsche, one of the greatest of modern apostles, has based many of his theories upon "a violent repudiation of any faith or tradition which recognizes a power of right and justice lying beyond our impulsive nature; an identification of self-restraint with degeneracy and of self-assertion with health; a search for happiness in the conquest of others rather than in self-conquest; a substitution of the Will to Power for the Darwinian Will to Live, with the consequent intensification of the unconscious and instinctive struggle for existence into a battle for conscious mastery; and a sharpening of the competition of life, with its self-observed rules of fair play or its traditionally imposed limitations, into a glorification of war as the supreme test of strength, obtaining its justification in success."
In a very remarkable article which appeared in the _Nineteenth Century_ for last September, written by a man evidently most religiously minded, appears the following: "Is the heart of England still strong to bear and to resolve and to endure? How shall we know? By the test? What test? That which God has given for the trial of people--the test of war. The real court, the only court in which this case can and will be tried, is the court of God. This twentieth century will see that trial, and whichever people shall have in it the greater soul of righteousness will be the victor. The discovery that Christianity is incompatible with the military spirit is made only among decaying people. While the nation is still vigorous, while its population is expanding, while the blood in its veins is strong, then on this hope no scruples are felt. But when its energies begin to wither, when self-indulgence takes the place of self-sacrifice, when its sons and daughters become degenerate, then it is that a spurious and bastard humanitarianism masquerading as religion declares war to be an anachronism and a barbaric sin."
_The Jewish Answer_
The Jewish attitude in regard to this great problem before the world can be dealt with in a very few words. These words have already been given to us in the twentieth chapter of Exodus: "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." It has been emphasized by the prophet Jeremiah when he said, "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 who exerciseth loving kindness, judgment and righteousness on the earth." To this I will add only one single word of the Rabbis: "The whole Torah exists solely for the sake of the ways of peace." This ideal of peace has been the guiding star of Israel for which the Jew has prayed morning, noon and night, and I trust that the young men of the Menorah will be true to that which the Menorah typifies, and will assist in the spreading of its light by upholding the reign of law, the reign of love, and the reign of peace.
[Illustration: Signature: Richard Gottheil]
FOOTNOTE:
[Footnote B: In the last number of THE MENORAH JOURNAL, Mr. Jacob H. Schiff ventured to suggest the reverse influence, and to intimate that the association of England with Russia was having an adverse effect upon the Jews in England. While Mr. Schiff does not tell us upon what evidence he bases his views, I venture to guess that it consists largely of the mistrust and ill-will caused in England by a small coterie of German-born bankers and their following. But Mr. Schiff must know that this ill-will is in no way connected with the fact that the men referred to are members of the Jewish race. Most of them have never taken the least interest in Jewish affairs, some even have ostentatiously kept themselves quite apart from any connection with them. And what is more, the feeling against them is shared by Jews as well as by non-Jews in England.
Perhaps more serious still is Mr. Schiff's presentment concerning German anti-Semitism. To speak simply of "a certain anti-Semitic tendency in Germany" is to coat the truth with so much honey as almost to reverse its meaning. Anti-Semitism in Germany, and especially in Prussia, has kept the Jews far from any positions of importance in university life, on the bench, and in all state and military affairs. And to add that the war "will crush out most of this anti-Semitic tendency" is to fly in the very face of well-ascertained and authenticated facts of very recent occurrence. In _Harper's Weekly_ for February 6th of this year (p. 122), a series of such facts is adduced. Nor can Mr. Schiff forget that forced conversion away from the Jewish faith and communion has nowhere taken on the dangerous proportions it has in the Fatherland. Russia, it is true, has martyred many Jewish bodies; German "Kultur" has quenched too many Jewish souls. History will have to decide which has done the greater hurt to the Jewish cause.]
O Sweet Anemones
BY JESSIE E. SAMPTER
_This Song is one of a series put into the mouth of a nationalist Pharisee of Jerusalem living through the times of the coming of Jesus to Jerusalem and the later development or perversion of Jesus' ideals by Paul._
O sweet anemones on Sharon's plain, Light dancing seraphim of sun and rain, Was he not one of us, was he not ours? And yet he saved not us, O crimson flowers!
As stars that bloom in heaven, full-bloom and still, As native stags that leap from hill to hill, As you, dear blossom-stars, on native plains, So planted here, with God, our home remains.
I, too, would perish here, where he has died, But felled by horse and spear, not crucified; I, man of peace, would pour, O Rock of God, My freedom or my blood on Zion's sod.
When pagans sweep thy fields with withering blast, My heart is sanctified to death at last; Its taste is honey-sweet within my mouth, For we that drink with God can dread no drouth.
O sweet anemones on Sharon's plain, A spring shall come for us, to bloom again,-- To God a day, to us a thousand years,-- Who still remembers, lives, refreshed with tears.
"Paths of Pleasantness"
_The Study of the Jewish Law_
BY DAVID WERNER AMRAM
"_Her paths are paths of pleasantness, and all her ways are peace. She is a tree of life to those that lay fast hold on her, and happy is every one that retaineth her."--Prov. 3:17, 18._
[Illustration: _DAVID WERNER AMRAM (born in Philadelphia, 1866), educated at the University of Pennsylvania, has been Lecturer and since 1912 Professor of Law in the University of Pennsylvania Law School. Professor Amram has published books and articles not only on common law topics but on interesting subjects in Jewish legal lore and belles-lettres, among his books being: "The Jewish Law of Divorce," "Leading Cases in the Bible," and "The Makers of Hebrew Books in Italy."_]
One of the methods by which the Jewish people managed to survive endless misery and persecution during eighteen centuries of dispersion and protect themselves from the continuous bombardment of their social and moral citadels was by taking refuge in the study of the law. The study and observance of the law, both civil and religious, saved the Jews from degeneration and vulgarization, and preserved for them the humanizing memories of the thoughts and deeds of their forebears. Through their common interest in the law and its study they kept in touch with one another throughout the lands of their dispersion, they kept alive their feeling of brotherhood and the memory of their ancient independence, and translated this memory into a hope for the re-establishment of the State, a hope which has never died.
"_The People of the Law_"
The term "the people of the law" has often been applied to the Jews in the opprobrious sense that they are a people who deal according to hard and strict rules, untouched by the qualities of love and mercy.
Properly understood, however, the term "the people of the law" is a title of honor, one of which we may well be proud. As used in our literature and by our people, "law" signifies something more than civil and criminal jurisprudence. It is our word "Torah," meaning doctrine, teaching, including not only what is generally known as law but also what is known as ethics. The people of the law is the people that studies the great thoughts of its great men of all times, and adopts them as rules of life which it becomes a duty and a pleasure to obey. The people of the law is the people that in the midst of a world of chaos in which nation fought nation with the weapons of death, sat in communion with a past world from which came such messages as this: "Attend to me, O my people: and give ear unto me, O my nation: for a law shall go forth from me, and I will make my judgment to rest for a light to the peoples. . . . Hearken unto me, ye that know righteousness, the people in whose heart is my law; fear ye not the reproach of men, neither be ye dismayed at their revilings. For the moth shall eat them up like a garment, and the worm shall eat them like wool: but my righteousness shall be forever and my salvation unto all generations." Righteousness was the aspect of Deity that appealed to the second Isaiah, and it was he that spoke words of comfort to our people in all the days of their endless tribulations. The certain faith in the ultimate success of right sustained them throughout the centuries and constitutes their strength to-day. This is the law that was handed down to them from of old, the law of right, which though often broken, often forgotten, was always found again and cherished as the one thing worth while in a world torn by the brutal instincts in man--instincts which the law had chained and sought to make harmless.
So we may well cling to our title of the people of the law, remembering that it does not mean merely Nomos, as the Hellenized Jews mistranslated Torah, but legal and ethical doctrine and knowledge in its broadest sense, and that it is the people of the law that have always shown their love of knowledge and found it "a tree of life to those that lay fast hold on it." Some ancient Jewish mystic said that the sword and the book came out of heaven together and Israel had to choose. Israel did choose and thereafter dreamed of days when swords would be beaten into ploughshares.
_How the Heritage of the Law Was Preserved_
The reading of the law has since time immemorial been an established part of the synagogue service, thus educating the people to know their law, the very phrases of which by constant reference and repetition became part of their daily vocabulary. The origin of this custom of reading the law in the synagogue may probably be found in the Biblical references to the great convocations when King and scribe read the law to the assembled people.
The effect of the dispersion of the Jews was to give a peculiar sacredness to the law as the sole heritage of their earlier and happier days. In most of the lands of their dispersion, the Jews dwelt a race apart, separated from the rest of the community by mutual prejudices and antagonisms. The soil on which they dwelt was so far as ultimate overlordship was concerned the land of the stranger, but nevertheless in a very definite and special sense it was the Jews' own land. For it was a land in which the law of the stranger was not the law. The law of the land of their dispersion was not the law of the owner of the soil but the law of the Jews. In this sense the Ghettos of Italy and the Gassen of Germany were not so much Italian and German soil as they were Jewish. As by the modern fiction of extraterritoriality the home of an Ambassador is considered part of his own national territory, so these exclusively Jewish settlements were colonies of Judæa planted on foreign soil. They were separated from the rest of the land by visible or invisible walls, and within these walls, hardly touched by the influences that were at work shaping the life around them, the ancient law of the Jews was preserved and handed down from generation to generation. Hence during the Middle Ages the student of the law became the most important member of the community, and all the energy of the community that was not required to outwit the constant menace of brutal force and religious persecution was devoted to the cultivation of the law and of the literature that it gave rise to.
It should be noted, however, that since the beginning of the Talmudic period, the civil law developed in certain directions only, because after all the Jewish people had no land of their own in the usual sense and no central authority and were constantly moving from place to place, always subject to persecution. Some branches of their law were entirely neglected and others abnormally developed.
_The Schools of the Law_
In the Talmudic period, the judges, members of the Synhedrion, and professors of the law schools, received a long professional training. The course of study lasted seven years, at the end of which, having passed their examination successfully, the graduates were eligible to assignment as judges in the lower courts, from which they were promoted to act as associate judges in the great Synhedrion and eventually might hope to attain the dignity of full synhedrial membership. These judicial dignitaries were obliged to be well versed in the languages, law and customs of the contemporary peoples, especially in the laws of the Greeks and Romans. Great academies of the law flourished in Palestine and still greater ones in Babylonia, the latter eventually supplanting the former. These academies called for the enthusiastic encomium of one Talmudist who said, "God created these academies in order that the promise might be fulfilled that the word of God should not depart from Israel's mouth."
The law students met twice a year in assembly for examination. Their studies were pursued at home, except in the months of Elul and Adar when they went up to the Assembly. Here they were arranged in classes and under the direction of their masters heard lectures and discussed the subject matter presented to them topically. At these Assemblies actual questions of law were submitted from Jewish communities all over the Jewish world, and the solutions to these problems were prepared and forwarded by the great masters. In addition to these professional schools there were everywhere general schools or, as we might say, high schools connected with the synagogues. It is a tribute to the importance that was ascribed to the high schools in later generations that their origin was projected back to the days of the Flood when Shem and Eber established a law school in which subsequently Isaac, Jacob, and Rebecca heard lectures. It will be noted that according to this bit of folklore Rebecca was the first woman law student. The same fancy which invented this most ancient of the schools, also invented the law school which Judah built for Jacob in Egypt, and the school established by Moses in which he and Aaron were the professors and Joshua was the janitor.
_The Study of the Law "the Chief End of Man"_
The fancy of the people associated nearly all of its great men with the study of the law. The entire tribe of Issachar was said to have devoted itself to the study of the law, the merchant tribe of Zebulon furnishing the means of support. God himself, according to another mystic, was a professor in the celestial law school in which He taught the law to the souls of all the righteous, in that heaven which they conceived of as a place where the law might be perpetually studied; and even while the Temple was still standing and sacrifices were being offered, the Jewish teachers used to say that God does not require burnt offerings but the study of His law.
From all of these traditions it will be seen that to the ancients the study of the law was the chief end of man. The Jew never considered ignorance to be bliss and has little sympathy with the religious ideal of many non-Jewish people that religion is more important than knowledge. One of the great masters even went so far as to say that the ignorant man cannot be pious. It was Simon the Just, one of the survivors of the Men of the Great Synagogue, who said that the world stands upon three things, the law, the service of God, and charity, and he put the law first, for the first duty of a man is to observe the law. He must be just before he can be charitable.
At one time it was sought to place some limitations upon the right to become a student of law, and herein the schools of Hillel and Shammai differed. Hillel was the democrat who held that all persons, without exception, should enjoy the privilege of studying law; Shammai was the intellectual aristocrat who sought to limit this privilege to those who were wise, modest, of ample means and of goodly parentage, thereby establishing rules similar to those that obtain in the best modern law schools, which require a collegiate education as a preliminary to admission; but Shammai went further in that he required the students to be wise and modest as well as persons of good breeding and of ample fortune. Just how many of our modern law students could meet these requirements is a question upon which I have no statistics. On this very matter of the proper qualifications for admission to the privilege of studying law, we have heard much in our time. Perhaps a contribution to the subject from the old and somewhat neglected Code of the Mishnah would not be inappropriate. The Mishnah says:
_"Eight and Forty Qualifications for the Law"_