Rashi

by Maurice Liber

The brother of Samuel, Jacob Tam, tells us that Rashi forbade the payment of a tax by using a sum of money left on deposit by a Christian. This decision, Jacob Tam adds, was intended to apply to the whole kingdom and, in fact, was accepted throughout France. This testifies not only to the great authority Rashi enjoyed, but also to the uprightness, the honesty of his character. Another of his qualities becomes apparent in a second Responsum treating of the relations between Jews and Christians. They carried on trade with each other in wheat and cattle. Now, the Mishnah forbids these transactions. "When this prohibition was promulgated," wrote Rashi, "the Jews all dwelt together and could carry on commerce with one another; but at present, when we are a minority in the midst of our neighbors, we cannot conform to so disastrous a measure." Rashi, it is therefore evident, knew how to take into account the needs of the moment, and accommodate rules to conditions.

Relations, then, between the Jews and their fellow citizens were cordial. The horizon seemed serene. But if one looked closer, one could see the gathering clouds slowly encroaching upon the calm sky, clouds which were soon to burst in a storm of bloody hate and murderous ferocity. Although the change came about imperceptibly and the Jews enjoyed the calm preceding the tempest, despite this and despite themselves, they entertained a smothered distrust of the Christians. For instance, they used ugly expressions to designate objects the Christians venerated. The Christians responded in kind. The ecclesiastical works of the time are full of insults and terms of opprobrium aimed at the Jews. If one reads the narrative of the Crusades, during which the blood of innocent massacred Jews flowed in streams, one must perforce excuse, not so much real hostility toward the Christians, as the employment of malicious expressions directed against their worship. The feeling that existed was rather the heritage of tradition, the ancient rivalry of two sister religions, than true animosity. As for tolerance, no such thing yet existed. It was difficult at that time for people to conceive of benevolence and esteem for those who professed a different belief. The effect of the First Crusade upon the inner life of the communities was to create anomalous situations within families, necessitating the intervention of rabbinical authorities. The Responsa of Rashi dealing with martyrs and converts no doubt sprang from these sad conditions. A woman, whose husband died during the persecution, married again without having previously claimed her jointure from the heirs of her dead husband; but she wanted to insist on her rights after having contracted the new union. Rashi, in a Responsum, the conclusions of which were attacked after his death by several rabbis, declared that the claim of the woman was entitled to consideration.

The echo of the Crusades is heard in other instances. I have already spoken of the liberal, tolerant attitude[126] assumed by Rashi in regard to the unfortunates who deserted the faith of their fathers in appearance only, and sought refuge in that of their persecutors. He excused the hypocrisy of these weak beings, who accepted baptism only externally and in their hearts remained Jews.

In general, so far as questions in regard to lending on interest, to giving testimony, and to marriage relations were concerned, Rashi held the apostate to be the same as the Jew. He was once asked if the testimony of an apostate was valid in law. "It is necessary," he replied "to distinguish in favor of those who follow the Jewish law in secret and are not suspected of transgressing the religious precepts which the Christians oblige them to transgress outwardly. At bottom they fear God. They weep and groan over the constraint put upon them, and implore pardon of God. But if there is a suspicion that they committed transgressions without having been forced to do so, even if they have repented with all their heart, and all their soul, and all their might, they cannot bring evidence ex post facto concerning facts which they witnessed before they repented."

Rashi, then, was indulgent above all toward those who had been converted under the compulsion of violence, and who sincerely regretted their involuntary or imposed apostasy. On one occasion, he was asked if the wine belonging to such unfortunates should be forbidden, though they had proved their return to the Jewish faith by a long period of penitence. Rashi replied: "Let us be careful not to take measures for isolating them and thereby wounding them. Their defection was made under the menace of the sword, and they hastened to return from their wanderings." Elsewhere Rashi objects to recalling to them their momentary infidelity. A young girl was married while she and her bridegroom were in the state of forced apostasy. Rashi declared the union to be valid, for "even if a Jew becomes a convert voluntarily, the marriage he contracts is valid. All the more is this true in the case of those who are converted by force, and whose heart always stays with God, and especially, as in the present case, if they have escaped as soon as they could from the faith they embraced through compulsion."

Since internal union is the surest safeguard against persecution from without, Rashi earnestly exhorted his brethren to shun intestine strife. "Apply yourselves to the cultivation of peace," he once wrote. "See how your neighbors are troubled by the greatest evils and how the Christians delight in them. Concord will be your buckler against envy and prevent it from dominating you." In a community, doubtless that of Chalons- sur-Saone, in Burgundy,[127] there were two families that quarrelled [quarreled sic] continually. The community had intervened to stop the strife, but one of the two families declared in advance that it would not submit to its decision. A member of the other family, irritated, reproached one of his enemies with having been baptized. Now Rabbenu Gershom, under penalty of excommunication, had forbidden people to recall his apostasy to a converted Jew. Rashi was asked to remove this prohibition; but he declined, not wishing to intervene in the internal administration of a strange community. "What am I that I should consider myself an authority in other places?… I am a man of little importance, and my hands are feeble, like those of an orphan. If I were in the midst of you, I would join with you in annulling the interdiction." From this it is evident that the strongest weapon of the rabbinical authorities against the intractable was, as in the Church, excommunication; but that sometimes individuals asserted, and even swore in advance, that they would not yield to the decree against them. Rashi considered that this oath, being contrary to law, was null and void.

Rashi, guided by the same feelings, was pitiless in his condemnation of those who fomented trouble, who sowed discord in families, sometimes in their own households. A man, after having made promise to a young girl, refused to marry her and was upheld in his intrigues by a disciple of Rashi. Rashi displayed great severity toward the faithless man for his treatment of the girl, and he was not sparing even in his denunciation of the accomplice. Another man slandered his wife, declaring that she suffered from a loathsome disease, and through his lying charges he obtained a divorce from her. But the truth came to light, and Rashi could not find terms sufficiently scathing to denounce a man who had recourse to such base calumnies and sullied his own hearth. "He is unworthy," Rashi wrote, "to belong to the race of Abraham, whose descendants are always full of pity for the unfortunate; and all the more for a woman to whom one is bound in marriage. We see that even those who do not believe in God respect the purity of the home, - and here is a man who has conducted himself so unworthily toward a daughter of our Heavenly Father." After indicating what course is to be pursued in case of divorce, Rashi concluded: "But it would be better if this man were to make good his mistake and take back his wife, so that God may take pity on him, and he may have the good fortune to build up his home again and live in peace and happiness."

The Responsa, providing us, as we have seen, with interesting information concerning Rashi's character, are no less important for giving us knowledge of his legal and religious opinions. As a result of the poise of his nature, and in the interest of order, he attached great importance to traditional usages and customs. Innovations are dangerous, because they may foment trouble; to abide by custom, on the contrary, is the surest guarantee of tranquillity [tranquility sic]. In casuistical questions not yet solved, he did not adopt as his principle the one prevailing with so many rabbis, of rendering the strictest decision; on the contrary, in regard to many matters, he was more liberal than his masters or his colleagues. Nevertheless, he congratulated those whose interpretation in certain cases was more severe than his own. In his scrupulous piety, he observed certain practices, although he refused to set them up as laws for others, since, one of his disciples tells us, he did not wish to arrogate to himself the glory of instituting a rule for the future. He contented himself with saying: "Blessed be he who does this." Since he stuck to the rigid observance of religion, and feared to open the door to abuses, he advised his pupils not to give too much publicity to certain of his easy interpretations of the Law.

If he did not approve of laxity, he had still less sympathy with the extreme piety bordering on folly of those whom he called "crazy saints." Enemy to every exaggeration, he blamed those who, for example, imposed upon themselves two consecutive fast days. Once when the Fast of Esther fell on a Thursday, a woman applied to Rashi for advice. She told him she was compelled to accompany her mistress on a trip, and asked him whether she might fast the next day. Rashi in his Responsum first recalled the fact that the Fast of Esther was not mentioned either in the Bible or in the Talmud, and then declared that the over- conscientious Jews who fast on Friday in order to make a feast day follow close upon a fast day, deserve to be called fools who walk in darkness.[128]

Finally, although Rashi was very scrupulous in matters of religion, he was tolerant toward faults and failings in others. Sinners and, as I have shown, even apostates found grace with him. He liked to repeat the Talmudic saying to which, in generalizing it, he gave a new meaning, "An Israelite, even a sinful one, remains an Israelite."