There is, however, another tribunal mentioned in the above-quoted passage of the oral law which it is necessary to notice, and that is the minor Sanhedrin, or council of twenty-three. It is said, “The minor councils through the tribes and towns are not to be established except by the council of seventy-one;” and elsewhere we read:—
ימעמידין בכל עיר ועיר בישראל שיש בה ק׳׳כ או יותר סנהדרי קטנה , וכמה יהיה מנינם כ׳׳ג דיינים ׃
“In every city of Israel that contains one hundred and twenty Israelites or more, a minor Sanhedrin ought to be appointed, and of how many members ought it to consist? Of twenty-three judges.” (Hilchoth Sanhedrin, i. 3.) Now this is another innovation for which there is no warrant whatever in the law of Moses. “Moses chose able men out of all Israel, and made them heads over the people, rulers of thousands, rulers of hundreds, rulers of fifties, and rulers of tens. And they judged the people at all times.” (Exod. xviii. 25, 26.) This is the provision which Moses made for the administration of justice, but he says not a syllable about the appointment of minor Sanhedrins of twenty-three, so that in this we have another instance of the effort, which the rabbies made, to get rid of all the Mosaic institutions, and to substitute their own. And also another proof that the laws of the Sanhedrin were not given by Moses, for they require this Council to appoint minor courts, contrary to his ordinances. It appears, then, from what has been said in these two papers, that the Sanhedrin was altogether an unlawful tribunal, and that therefore the oral law can receive no support from its approval: and it appears, further, that modern Judaism has entirely subverted that order of things established by Moses. He ordained the priests, the Levites, as the teachers of Israel. Modern Judaism has turned them out of their office, and substituted the rabbies. Moses ordained a Supreme Council, consisting of the priests and the judge. Modern Judaism has destroyed that Council, and established the Sanhedrin in its place. Moses appointed rulers over thousands, hundreds, fifties, and tens. Modern Judaism has put an end to that order, and erected new tribunals of twenty-three. In fact, if it were possible for the Jews to realize all the commands of the oral law in their own land, and Moses were to come amongst them again, he could never recognize them as his disciples. He would not find one of his institutions remaining as he left it. It is quite absurd, and if the subject were not so grave, it would be ludicrous to hear the Rabbinists exclaiming that the law of Moses is unchangeable, when they themselves have changed all its main provisions, and made an entirely new religion. But to the Jews it ought to be a matter of very serious enquiry, whether the Mosaic law is unchangeable or not. If the law be unchangeable, then no rabbinical Jew can entertain a reasonable hope of salvation, for he professes a religion which has effected the most extensive changes. In his creed he denies the lawfulness of change, and in his practice he changes without scruple. If the law be unchangeable, it is the bounden duty of every Jew to give up at once the new religion of the rabbies, and to return with all haste to the institutions of Moses. But if he believe that the law is changeable at pleasure, then he ought to renounce that article of his creed which teaches its immutability. In so serious a matter as religion, he ought to endeavour to be consistent, and not halt between two opinions. If Moses be his lawgiver, then let him serve him. But if he be determined to continue in the new religion of the rabbies, he ought to inquire into their character, and the authority and motives which led them to overturn the religion of their forefathers. Is the religion of Moses a bad religion, which it was necessary to renounce? Or, was it only given for a certain period, and when that period had expired, exchanged for a new one? Had the rabbies Divine authority for the changes which they made, or did they change it for their own convenience and interest? The nature of the changes looks very suspicious, they all added to their influence and power. As long as the law of Moses was observed, the rabbies had no power either in Church or State. But by the changes which they made, they became absolute despots over the bodies and souls of all Israel. They had, thus, every possible temptation to reject the one and adopt the other. But is this a reason why the Jewish people should also reject the law of Moses? They gain nothing, and loose everything, both for time and eternity, by the change. By adopting the new religion of the rabbies, they give up the use of that most precious gift, their reason, in all that regards the law and service of God. A Jew, who receives the oral law, can have nothing but a blind faith. He has lost the privilege of considering what God requires of him, and must simply receive what the rabbies choose to prescribe as his duty: and if they should even go so far as to tell him that his left hand is his right, and his right hand his left, he must believe in the decision, and reject the evidences of his senses. Or, if he should dare to doubt, where Judaism reigns triumphant, he must be strangled. There is certainly nothing very inviting in this system, nothing that should tempt a man to prefer it to the just, and equitable, and rational religion of Moses. He gives the law of God into the hands of the Israelite, and says, “Behold I have set life and death before you, choose ye.” He deals with men as rational beings, and requires implicit obedience, not to the word of man, but to the oracles of God. He established a supreme council, but did not permit that council to pass off their own opinions as infallible, but commanded them to inquire of Him who alone is free from error. It is truly astonishing that so large a portion of the Jewish people should still prefer the religious despotism of the oral law; and it is more astonishing still, that they should be deluded to believe, that a system, which has subverted all the institutions of Moses, is the Mosaic religion. But the most astonishing circumstance of all is, that those Jews who have detected the grossness of the delusion and have themselves renounced the practice of the oral law, should feel so indifferent about the welfare of their brethren, and so reckless of the interests of truth, as to look on in silence; or even appear to countenance error by joining in the rights and ceremonies of tradition. Even the tribe of Levi itself has lost its zeal, and abdicated the sacred office committed to it by God. For eighteen hundred years there has not appeared in Israel one single person zealous for the law of Moses. All have been content with calling Moses their master, and there the matter ends. The priests and the people all unite in violating his laws, and trampling upon the ruins of his institutions, and then expect other people to believe that they are the faithful disciples of Moses.
No. XLV.
SANHEDRIN CONTINUED.
How a nation, so acute and so fond of learning as the Jews, should ever have been imposed upon by so clumsy an imposture as that of the oral law, is truly astonishing. The exceeding folly of some of its ordinances, the incredibility of the legends with which it abounds, the extravagant pretensions of its doctors, the grinding tyranny of its despotic tribunals, all seem calculated to awaken doubt in the mind of the most credulous, and the most ignorant. But the utter want of evidence to support its claims ought to be sufficient to open the eyes of even superstition itself. To establish the genuineness of an oral tradition, an unbroken chain of witnesses, from the rise of the tradition to the present time, is indispensably necessary. The succession of persons who received it from their predecessors, and transmitted it to their followers, must be clearly and accurately made out; and the want of a single link, or the existence of a single chasm in the chain of transmission is quite sufficient to discredit the whole, and to invalidate the claims to genuineness. To prove the genuineness of the תורה שבעל פה, oral law, it is necessary not only to point out a succession of persons, but a succession of Sanhedrins, for, as we have seen, the Sanhedrin was regarded as the foundation and pillar of tradition. If a single chasm in history exists, where a Sanhedrin cannot be pointed out, or if the assigned succession be inconsistent with the written and inspired records of the people, the claims of the oral law are invalidated, and the Jewish nation convicted as the abettors of a pious fraud, or the unwitting dupes of an imposture. Now we have already shown that the Sanhedrin was not instituted by Moses, and was never heard of until after the Greek conquest of the land of Israel; and hence it inevitably follows, that the oral law is totally destitute of that chain of testimony, by which alone its genuineness could be established. From Moses to the Maccabees there is one continued chasm, an immense and impassable abyss, which separates between modern Judaism and truth. But as the rabbies have endeavoured to fill up the yawning gulf or rather to build a bridge in the air for the purpose of passing it, we think it necessary to examine the success of their efforts. They say, that a chain of testimony, such as is wanted, does actually exist, and have endeavoured to point out the various links. If this prove fallacious, then the last and only hope of modern Judaism is gone; to prove the fallacy does not require much argument. The chain of testimony as pointed out by the rabbies themselves, is inconsistent with history, and wants continuity even at the very commencement. The first part of the succession is thus described:—
אף על פי שלש נכתבה תורה שבע׳׳פ למדה משה רבינו כולה בבית דינו לשבעים זקנים ואלעזר ופנחס ויהושע שלשתן קבלו ממשה , וליהושע שהוא תלמידו של משה רבינו מסר תורה שבע׳׳פ וצוהו עליה , וכן יהושע כל ימי חייו למד על פה , וזקנים רבים קבלו מיהושע , וקבל עלי מן הזקנים ומפנחס ׃
“Although the oral law was not written, Moses our master taught it all in his Council to the seventy elders; Eleazar also, and Phinehas, and Joshua, all three, received it from Moses. But to Joshua, who was the disciple of Moses our master, he delivered the oral law, and gave him a charge concerning it In like manner Joshua taught it by word of mouth all the days of his life; and many elders received it from Joshua, and Eli received it from the elders, and from Phinehas.” (Preface to the Yad Hachazakah.) Now here the want of continuity begins, immediately after the third link in the chain. That Joshua should inherit the oral law from Moses is very likely, if there was any to be inherited, but who was Joshua’s successor the rabbies cannot tell us. It is not enough to say that the elders received it from Joshua; who were the elders, and who was the next president of the Sanhedrin, and who was the president after that? To make out a chain of witnesses, we must at least have their names, but ought to know, besides, their character, their piety, their probity, before we can depend upon their testimony. The absence of this detail shows that the rabbies had no information on the subject, and were merely trying to make up a story to impose upon the credulous. It is self-evident that if they had possessed an accurate detail, they would have given it; but as they do not, we must infer that they had it not; and as the Bible gives no information on the subject, we must assert, that the chain of testimony terminates at the second link. So far are the rabbies from being able to prove a succession of Sanhedrins from the time of Joshua to their own, that they are compelled to make a grand leap from Joshua to Eli, and thus to leave a chasm of more than two hundred years, which of itself is sufficient to overthrow the claims of the oral law, and to stamp the Jews as the most credulous of men if they believe without any evidence. It is true that the rabbies endeavour to stop up this great cavity with a great falsehood. They say that Eli received the oral law from Joshua’s elders, and from Phinehas; which assertion implies that all these persons lived to be about three hundred years old! And yet, if it were true, it would not be sufficient to make out the proof, for which the succession of Sanhedrins is absolutely necessary, and especially for this period. From the book of Judges, it appears, that in the interval between Joshua and Eli, and even in the next generation after Joshua’s death, the people forsook the law of Moses, even the written law, and gave themselves up to idolatry. Thus we read, “And Joshua the son of Nun, the servant of the Lord, died, being an hundred and ten years old.... And also all that generation were gathered unto their fathers: and there arose another generation after them, which knew not the Lord, nor the works which he had done for Israel. And the children of Israel did evil in the sight of the Lord, and served Baalim.” (Judges ii. 8-11.) Now, here the inspired writer says that Joshua and all that generation died, which expressly contradicts the rabbinic assertion that Joshua’s elders lived to the time of Eli; and, further, he says, that the Israelites turned aside to idols: where was the Sanhedrin at that time? If it existed, why did it not stop the torrent of corruption, and punish the transgressors? And why was it necessary for God to raise up Judges to do the Sanhedrin’s work? We do not once read of the Sanhedrin, or any other council, helping Israel. In the book of Judges, deliverance is ascribed solely to the judges whom God raised up. “When the Lord raised them up judges, then the Lord was with the judge, and delivered them out of the hand of their enemies all the days of the judge.... And it came to pass when the judge was dead, that they returned and corrupted themselves more than their fathers.” (Ibid. 18, 19.) Indeed, that saying so often repeated in the book of Judges, “In those days there was no king in Israel, but every man did that which was right in his own eyes,” shows that there was no Sanhedrin either. If any council of the kind, armed with such despotic power, had existed, the children of Israel could not have done that which was right in their own eyes. Whether, then, we look at the Bible or at the rabbinic account, we have a period of more than two hundred years, during which there is no evidence at all either for the existence of the Sanhedrin or of the oral law. The chain of testimony, therefore, offered by the rabbies, is not complete; and is, moreover, unworthy of credit, as it contains a gross falsehood concerning the age to which Joshua’s elders lived. A little more examination will show us that it contains more than one falsehood. After telling us that David received the oral law from Samuel and his council, it thus proceeds:—
אחיה השילוני מיוצאי מצרים היה ולוי היה ושמע ממשה והיה קטן בימי משה והוא קבל מדוד ובית דינו , ואליהו קבל מאחיה השילוני ובית דינו ׃
“Ahijah the Shilonite was one of those who came out of Egypt, and a Levite, and he heard the oral law from Moses: but he was little in the days of Moses, and received the oral law from David and his council. And Elijah received from Ahijah the Shilonite and his council.” Now, in the first place, this statement is very absurd. To suppose that one, who had heard the law from Moses, should at last receive it from David, is contrary to probability: but to assert that Ahijah was a little boy in the time of Moses, and that he lived until the reign of Solomon, that is, above five hundred years, is manifestly a falsehood, and, whether wilful or not, completely destroys the credibility of this attempt at a succession of witnesses. If involuntary, and the result of error, it shows that the rabbies who have transmitted this story were so weak in intellect as to swallow any improbability; and that as they transmitted one lie, they may have transmitted more. But if voluntary, no one will argue that the testimony of wilful liars is worth much. This last attempt, therefore, to prop up the authority of the oral law is vain.
But this rabbinic chain of testimony goes on to tell us that, amongst others, the oral law passed through Jeremiah the prophet:—