This is one instance among many of Philo's adoption of the older tradition, established probably under the Sadducæan predominance, which was modified in the rabbinical schools of the first and the second century. Paradoxically, in his exposition of the law, Philo follows the letter more closely as the expression of justice, while the later rabbis often allegorize it in order to support their humaner interpretation. Thus, commenting on the passage in Exodus xxii. 3 about the law of theft, "If the sun be risen upon him, blood shall be shed for blood," he, like R. [pg.205] Eliezer, interprets

[291] i.e., literally. "If," he says, "the owner catches the thief before sunrise, he may kill him, but after the sun has risen he must bring him before the court."[292] This also was the Roman law, but the Halakah interprets more artificially: "If it were as clear as sunlight that the thief would not have killed the owner, then the owner may not kill him." Philo would justify the old law; the rabbis explain it away. On the other hand, in his treatment of the law relating to slaves, Philo extends the liberality both of the Bible and the Halakah. He declares that the slave is to be set free when by his master's violence he loses an eye or even a tooth.[293] The Bible and the Talmud direct emancipation only where the slave loses a limb; but Philo writes eloquently of the humanity of which man is deprived by the loss of sight; and he would apparently condemn the master who injured his slave more seriously to the full penalties of the ordinary law.[294] Maimonides, in his exposition of the law, approves the milder practice,[295] and this suggests that it had an old tradition behind it. Beautiful is Philo's stray maxim, "Behave to your servants as you pray that God may behave to you. For as we hear them, so shall we be heard, and as we regard them, so shall we [pg.206] be regarded."[296] In his whole treatment of slavery, Philo shows remarkable enlightenment for his age. He objects, indeed, to the institution altogether, and he tempers it continually with ideas of equality. Thus, following the Halakah, he directs the redemption of a slave seven years after his purchase, and he treats the laws of the seventh-year rest to the land and of the jubilee as of universal validity.

Coming to the more specifically religious laws we find that Philo, missionary as he is, prohibits altogether marriage with Gentiles,[297] and that though, in the opinion of certain rabbinic teachers, the Biblical prohibition extended only to marriage with the Canaanite tribes, and unions with other Gentiles were permitted.[298] Philo recognizes how dangerous such unions are for the cause which he had so dearly at heart, the spreading of Judaism. "Even," says he, "if you yourself remain true to your religion through the influence of the excellent instruction of your parents, yet there is no small danger that your children by such a marriage may be beguiled away by bad customs to unlearn the true religion of the one only God."[299] Throughout, Philo is true to the mission of Israel in its highest sense. That mission is not assimilation, and it is to be brought about by no easy method of mixing with the surrounding people. It can be effected [pg.207] only by holding up the Torah in its purity as a light to the nations, and by offering them examples of life according to the law.

Of the special ordinances for Sabbaths and festivals Philo mentions only those consecrated by the Biblical law or ancient tradition, which probably were the only ones settled in his day. He lays down the prohibition to kindle fire,[300] to make or return deposits, or to plead in the law courts on the Sabbath; he speaks of the reading of the Haggadah and Hallel on the night of Passover, of the bringing of a barley cake during the 'Omer and of the first fruits to the Temple on the Feast of Weeks, of the Shofar at New Year, and of the Sukkah, but not of the Lulab at Tabernacles. It should be remembered that the Halakah was not consolidated till the second or third century, and in Philo's time it was in the process of formation by different schools of rabbis. But the passage quoted in an earlier chapter, about adding to the law, proves his reverence for the oral law.[301]

Though his statement of the civil and religious law is of great interest to the student of Halakic development, Philo's work presents greater correspondence, on the whole, with the Haggadah, which in a primitive way draws philosophical and ethical lessons from the Bible narrative. It is a free interpretation of the Scriptures, the expression of the individual moralist; it loves to point a moral and adorn a tale, and in many cases it is in agreement with the [pg.208] Hellenistic school. To take a few typical examples: An early interpretation explains the story of the Brazen Serpent, as Philo does,[302] to mean that as long as Israel are looking upward to the Father in Heaven they will live, but when they cease to do so they will die. Another, like him again, finds the motive of the command to bore the ear of the slave who will not leave his master at the seventh year of redemption, in the principle that men are God's servants, and should not voluntarily throw away their precious freedom. So, too, the Haggadah agrees in numerous points with Philo's stories about the patriarchs.[303] If one were to go through the Midrashic interpretations of the Five Books of Moses, he would find in nearly every section interpretations reminiscent of Philo. In some cases, however, there are striking contrasts in the two commentaries. Thus the Midrash[304] tells that the four rivers of Eden symbolize the four great nations of the old world; to Philo, they represent the four cardinal virtues established by Greek philosophers. The Palestinian commentators were prone to see an historical where Philo saw a philosophical image.

The question may be asked, Who is the originator and who the borrower of the common tradition? And it is a question to which chronology can give no certain answer, and for which dates or records have no [pg.209] meaning. For the Haggadah was not committed to writing till many generations had known its influences, and it was not finally compiled till many generations more had handed it down with continuous accretions. The Haggadah in fact is part of the permanent spirit of the race going back to a hoary past, and stretching down "the echoing grooves of time" to the tradition of Judaism in our own day. The Hebrew Word means, and the thing is, "what is said": the utterances of the inspired teacher, some tale, some happy play of fancy, some moral aphorism, some charming allegory which captivated the hearers, and was handed down the generations as a precious thought. It is significant in this regard that the Haggadah is remarkable for the number of foreign words which it contains, Greek, Persian, and Roman terms jostling with Hebrew and Aramaic. For while the Halakah was the production of the Palestinian and Babylonian schools alone, the Haggadah brought together the harvest of all lands; and scraps of Greek philosophy found their way to Palestine before the Alexandrian school developed its systematic allegory. In the Mishnah, the earliest body of Jewish lore which was definitely formulated and written down, one section is Haggadic, the passages we know as the "Ethics of the Fathers." Now, we cannot place the date of this compilation before the first century,[305] and thus it would seem to [pg.210] be contemporary with Philo's work, to which it affords numerous parallels. But the great mass of the Haggadah, the Pesikta, the Mekilta, and the other Midrashim, were all later compilations, some of them as late as the fifth and the sixth century. Are we to say, then, that where they correspond to Philo they show his influence? At first this would appear the natural conclusion.

There is a better test of priority, however, than the date of compilation, the test of the thought itself and its expression. And judged by this test we see that the Haggadah is the more ancient, the primal development of the Hebrew mind. The "Sayings of the Fathers" are typical of the finest and most concentrated wisdom of the Haggadah, and exhibit thought in its impulsive, unsystematic, gnomic expression, neither logical nor illogical, because it knows not logic. Beautiful ethical intuitions and profound guesses at theological truth abound; anything like a definite system of ethics and theology is not to be found, whence it is said, "Do not argue with the Haggadah." Even more so is this the case with the bulk of the Midrash. There, pious fancy will weave itself around the history and ideals of the people, and suddenly one comes across a sage reflection or a philosophical utterance. With Philo it is otherwise. Compared with the Greeks he is unsystematic, inaccurate, wanting in logic, exuberant in imagination. Compared with the rabbis he is a formal and accurate philosopher, an exact and scholarly [pg.211] theologian. The floating poetical ideas of the Haggadah are woven by him into the fabric of a Jewish philosophy and a Jewish theology, and knit together with the rational conceptions of Aristotle's "Metaphysics" and Plato's "Timæus." We may say, then, almost with certainty, that Philo derives from the early Jewish tradition, though at the same time he introduced into that tradition many an idea taken from the Greek thinkers, which found its way to the later Palestinian schools of Jamnia and Tiberias, and was recast by the Hebraic imagination.

Over and over again we find that he adopts some fancy of his ancestors and develops it rhetorically and philosophically in his commentary. To give many examples or references to examples of this feature of Philo's work is not within the scope of this book, but of his development of an old Palestinian tradition the following passage may serve as a typical instance:

"There is an old story," he writes, "composed by the sages and handed down by memory from age to age.... They say that, when God had finished the world, he asked one of the angels if aught were wanting on land or in sea, in air or in heaven. The angel answered that all was perfect and complete. One thing only he desired, speech, to praise God's works, or to recount, rather than praise, the exceeding wonderfulness of all things made, even of the smallest and the least. For the due recital of God's works would be their most adequate praise, seeing that they needed no addition of ornament, but possessed in the sincerity of truth the most perfect eulogy. And the Father approved the angel's words, and afterwards appeared the race gifted with the muses and [pg.212] with song. This is the ancient story; and in accord with it, I say that it is God's peculiar work to do good, and the creature's work to give Him thanks."[306]