Omar assigned the landed property of the Jews to the Mahometan warriors, and a strip of land near the town of Kufa, on the Euphrates, was given them in return (about 640). But as no evil in history is quite devoid of good consequences, the dominion of Islam furthered the elevation of Judaism from its deepest degradation.
CHAPTER IV.
THE AGE OF THE GEONIM
The Conquests of Islam – Omar's Intolerance – Condition of the Jews in Babylonia – Bostanaï – The Princes of the Captivity and the Geonim – Dignity and Revenues of the Prince – Communal Organization – Excommunication – Julian of Toledo and the Jews – The Moslems in Spain – The Jews and Arabic Literature – The Assyrian Vowel-system – The Neo-Hebraic Poetry: José ben José – Simon ben Caipha – Employment of Rhyme – Jannaï – Eleazar Kaliri – Opposition to the Study of the Talmud – The False Messiah Serenus, the Syrian – The Jews in the Crimea and the Land of the Chazars – The False Messiah Obadia Abu-Isa.
640–76 °C. E
Scarcely ten years after Mahomet's death the fairest lands in the north of Arabia and the northwest of Africa acknowledged the supremacy of the Arabs who, with the sword in one hand and the Koran in the other, swept across the borders of Arabia with the cry: "There is no God but Allah, and Mahomet is his prophet." Although there was no distinguished man at the head of the Arab troops, they conquered the world with far greater speed than the hosts of Alexander of Macedon. The kingdom of Persia, weakened by old age and dissension, succumbed to the first blow, and the Byzantine provinces, Palestine, Syria, and Egypt, whose inhabitants had but little sympathy with the intriguing court of Constantinople, did not offer the slightest resistance to the Arabs.
Medina, an oasis in the great desert, a spot unknown to the different nations, became the lawgiver for millions, just as Rome had been in olden times. The various peoples that had been conquered, had no choice but to recognize Mahomet as a prophet and be converted to Islam, or to pay tribute. The Emperor Heraclius had taken Palestine from the Persians only ten years before it was again lost. Jews and Samaritans both helped the Arabs to capture the land, in order that they might be freed from the heavy yoke of the malignant Byzantine rule. A Jew put into the hands of the Mussulmans the strongly-fortified town of Cæsarea, the political capital of the kingdom, which is said to have contained 700,000 fighting men, amongst whom were 20,000 Jews. He showed them a subterranean passage, which led the besiegers into the heart of the town. The Holy City, too, after a short siege, had to yield to the Mahometan arms. The second successor of Mahomet, the Caliph Omar, took personal possession of Jerusalem (about 638), and laid the foundation-stone of a mosque on the site of the Temple. Bishop Sophronius, who had handed over the keys of Jerusalem to Omar, untaught by the change of fate which he had himself experienced, is said to have made arrangements with the Caliph, in capitulating, that the Jews be forbidden to settle in the Holy City. It is true that Jerusalem was looked upon by the Mussulmans as a holy place, and pilgrimages were made thither by them. It was also called the Holy City (Alkuds) by them, but it was to remain inaccessible to its sons. Omar is said to have driven out both Jews and Christians from Tiberias. Thus ceased the literary activity of the school of that place. They, however, received permission to settle there again under the succeeding Caliphs.
Rising Islam was as intolerant as Christianity. When Omar had driven the Jews out of Chaibar and the Christians out of Najaran, he gave instructions to his generals against the Jews and Christians. These orders were called "the covenant of Omar," and contained many restrictions against the "peoples of the Book" (Jews and Christians). They were not allowed to build new houses of worship, nor to restore those that were in ruins. They had to sing in subdued tones in the synagogues and churches, and were compelled to pray silently for the dead.
They dared not hinder their followers from accepting Islam, and were compelled to show marks of respect to Mussulmans whenever they met them. Further, they were not allowed to fill judicial or administrative offices. They were forbidden to ride on horses, and had to wear marks whereby they could easily be distinguished from the Moslems. Jews and Christians were not allowed to make use of a signet-ring, which was considered a mark of honor. Whilst the Mahometans were exempt from taxes, and at most only had to pay a slight contribution for the poor, Jews and Christians had to pay a poll-tax and ground-rent.
In spite of this fact, the Jews felt themselves freer under the new rule of Islam than they did in the Christian lands. The restrictive laws of Omar were not carried out even during Omar's lifetime, and though the fanatic Mussulmans scorned the Jews for their religion, they did not despise them as citizens, but showed great honor to worthy Jews. The first Mahometans treated the Jews as their equals; they respected them as friends and allies, and took an interest in them even as enemies. The Asiatic and Egyptian Jews consequently treated the Mahometans as their liberators from the yoke of the Christians. A mystical apocalypse makes a distinct reference to the joy experienced at the victory of Islam. Simeon bar Yochaï, who was looked upon as a mystic, foretells the rise of Islam, and bewails the same in the prayer which runs as follows: "Have we not suffered enough through the dominion of the wicked Edom (the Roman-Christian dominion), that the dominion of Ishmael should now rise over us?" Metatoron, one of the chief angels, answers him: "Fear not, son of man! God sets up the kingdom of Ishmael only in order that it may free you from the dominion of the wicked Edom. He raises up a prophet for them, he will conquer countries for them, and there will be great hatred between them and the sons of Esau" (the Christians). Such were the sentiments of the Jews with regard to the conquests of the Mahometans.
The Jews in the ancient Babylonian district (called Irak by the Arabs) attained a great measure of freedom through the victories of the Mahometans. During their campaigns against the last Persian kings, the Jews and the Nestorian Christians, who had been persecuted under the last Sassanian princes, had rendered them much assistance. The Jews and the Chaldean Christians formed the bulk of the population near the Euphrates and the Tigris. Their assistance must have been opportune, as we find even the fanatical Caliph Omar bestowing rewards and privileges upon them. It was, doubtless, in consequence of the services which they had rendered that the Mahometan generals recognized Bostanaï, the descendant of the Exilarch of the house of David, as the chief of the Jews. Omar respected Bostanaï so highly that he gave him a daughter of the Persian king Chosru in marriage. She had been taken prisoner, together with her sisters (642) – a singular turn of fate! The grandson of a race that boasted descent from the house of David married a princess whose ancestors traced their descent from Darius, the founder of the Persian dynasty. Bostanaï was the first Exilarch who was the vassal of the Mahometans.
The Exilarch exercised both civil and judicial functions, and all the Jews of Babylonia formed a separate community under him. Bostanaï also obtained the exceptional permission to wear a signet-ring (Gushpanka). By this means he was able to give his documents and decrees an official character. The seal, in reference to some unknown historical allusion, bore the impress of a fly. Bostanaï must have been an important personage in other respects, since legends cluster about him, and would make his birth itself appear a miraculous event. The Judæo-Babylonian community, which had acquired some importance through Bostanaï, obtained its real strength under Ali, the fourth Caliph, Mahomet's comrade and son-in-law, the hero of Chaibar.
Omar had died at the hands of an assassin (644), and his successor, Othman, had been killed in an insurrection (655). Ali was nominated Caliph by the conspirators, but he had to struggle against many bitter opponents. Islam was divided into two camps. The one declared for Ali, who resided in the newly-built town of Kufa; the other for Moawiyah, a relative of the murdered Caliph Othman.
The Babylonian Jews and Nestorian Christians sided with Ali, and rendered him assistance. A Jew, Abdallah Ibn-Sabâ, was a spirited partisan of Ali. He asserted that the succession to the Caliphate was his by right, and that the divine spirit of Mahomet had passed to him, as it had from Moses to Joshua. It is said that when Ali took the town of Firuz-Shabur or Anbar, 90,000 Jews, under Mar-Isaac, the head of a college, assembled to do homage to the Caliph, who was but indifferently supported by his own followers (658). The unhappy Ali valued this homage, and, doubtless, accorded privileges to the Jewish principal. It is quite probable that from this time the head of the school of Sora was invested with a certain dignity, and took the title of Gaon. There were certain privileges connected with the Gaonate, upon which even the Exilarch did not venture to encroach. Thus a peculiar relation, leading to subsequent quarrels, grew up between the rival offices – the Exilarchate and the Gaonate. With Bostanaï and Mar-Isaac, the Jewish officials recognized by the Caliph, there begins a new period in Jewish history – the Epoch of the Geonim. After Bostanaï's death dissension arose among his sons. Bostanaï had left several sons by various wives, one of them the daughter of the Persian king. Perhaps her son was his father's favorite, because royal blood flowed in his veins, and he was probably destined to be his successor. His brothers by the Jewish wives were consequently jealous of him, and treated him as a slave, i. e., as one that had been born of a captive non-Jewess, who, according to Talmudic law, was looked upon as a slave, so long as he could not furnish proof that either his mother or himself had been formally emancipated. This, however, he could not do. The brothers then determined to sell the favorite, their own brother, as a slave. Revolting as this proceeding was, it was approved by several members of the college of Pumbeditha, partly from religious scruples, partly from the desire to render a friendly service to Bostanaï's legitimate sons. Other authorities, however, maintained that Bostanaï, who was a pious man, would not have married the king's daughter before he had legally freed her, and made her a proselyte. In order to protect her son from humiliation, one of the chief judges, Chaninaï, hastened to execute a document attesting her emancipation, and thus the wicked design of the brothers was frustrated; but the stain of illegitimacy still attached to the son, and his descendants were never admitted to the rank of the descendants of the Exilarch Bostanaï.
Bostanaï's descendants in the Exilarchate arbitrarily deposed the presidents of the colleges, and appointed their own partisans to the vacant places. The religious leaders of the people thus bore Bostanaï's descendants a grudge. Even in later times, an authority amongst the Jews had to defend himself with the words: "I am a member of the house of the Exilarch, but not a descendant of the sons of Bostanaï, who were proud and oppressive." The vehement quarrels about the Caliphate, between the house of Ali and the Ommiyyades, were repeated on a small scale in Jewish Babylonia. The half-century from Bostonaï and the rise of the Gaonate till the Exilarchate of Chasdaï (670 to 730) is in consequence involved in obscurity. Few also of the Geonim who held office and of the presidents of the colleges during this period are known, and their chronological order cannot be ascertained. After Mar-Isaac, probably the first Gaon of Sora, Hunaï held office, contemporaneously with Mar-Raba in Pumbeditha (670 to 680). These presidents issued an important decree with respect to the law of divorce, whereby a Talmudical law was set aside. According to the Talmud, the wife can seek a divorce only in very rare cases, e. g., if the husband suffers from an incurable disease. Even if the wife were seized with an unconquerable aversion to her husband, she could be compelled by law to live with him, and to fulfil her duties, on penalty of losing her marriage settlement, and even her dowry, in case she insisted upon the separation. Through the domination of Islam circumstances were now changed. The Koran had somewhat raised the position of women, and empowered the wife to sue for a divorce. This led many unhappy wives to appeal to the Mahometan courts, and they compelled their husbands to give them a divorce without the aforesaid penalties. It was in consequence of the events just related that Hunaï and Mar-Raba introduced a complete reform of the divorce laws. They entirely abrogated the Talmudical law, and empowered the wife to sue for a divorce without suffering any loss of her property-rights. Thus the law established equality between husband and wife. For the space of forty years (680 to 720), only the names of the Geonim and Exilarchs are known to us; historical details, however, are entirely wanting. During this time, as a result of quarrels and concessions, there arose peculiar relations of the officials of the Jewish-Persian kingdom towards one another, which developed into a kind of constitution.
The Jewish community in Babylonia (Persia), which had the appearance of a state, had a peculiar constitution. The Exilarch and the Gaon were of equal rank. The Exilarch's office was political. He represented Babylonian-Persian Judaism under the Caliphs. He collected the taxes from the various communities, and paid them into the treasury. The Exilarchs, both in bearing and mode of life, were princes. They drove about in a state carriage; they had outriders and a kind of body-guard, and received princely homage.
The religious unity of Judaism, on the other hand, was embodied in the Gaonate of Sora and Pumbeditha. The Geonim expounded the Talmud, with a view to a practical application of its provisions; they made new laws and regulations; administered them, and meted out punishment to those that transgressed them. The Exilarch shared the judicial power with the Gaon of Sora and the head of the college of Pumbeditha.
The Exilarch had the right of nomination to offices, though not without the acquiescence of the college. The head of the college of Sora, however, was alone privileged to be styled "Gaon"; the head of the college of Pumbeditha did not bear the title officially. The Gaon of Sora together with his college, as a rule, was paid greater deference than his colleague of Pumbeditha, partly out of respect to the memory of its great founders, Rab and Ashi, partly on account of its proximity to Kufa, the capital of Irak and of the kingdom of Islam in the East. On festive occasions, the head of the college of Sora sat at the right side of the Exilarch. He obtained two-thirds of certain revenues for his school, and performed the duties of the Exilarch when the office was vacant. For a long time, too, only a member of the school of Sora was elected president of the school of Pumbeditha, this school not being permitted to elect one from its own ranks.
Now that the Exilarch everywhere met with the respect due a prince, he was installed with a degree of ceremony and pomp. Although the office was hereditary in the house of Bostanaï, the acquiescence of both colleges was required for the nomination of a new Exilarch, and thus there came to be a fixed installation service. The officials of both the colleges, together with their fellow-collegians, and the most respected men in the land, betook themselves to the residence of the designated Exilarch. In a large open place, which was lavishly adorned, seats were erected for him and the presidents of the two schools. The Gaon of Sora delivered an address to the future Exilarch, in which he was reminded of the duties of his high office, and was warned against haughty conduct toward his brethren. The installation always took place in the synagogue, and on a Thursday. Both officials put their hands upon the head of the nominee, and declared amidst the clang of trumpets, "Long live our lord, the Prince of the Exile."
The people, who were always present in great numbers on the occasion, vociferously repeated the wish. All present then accompanied the new Exilarch home from the synagogue, and presents flowed in from all sides. On the following Saturday evening there was a special festive service for the new prince. There was a platform in the shape of a tower erected for him in the synagogue. This was decked with costly ornaments that he might appear like the kings of the house of David in the Temple, on a raised seat, apart from the people. He was conducted to divine service by a numerous and honorable suite. The reader chanted the prayers with the assistance of a well-appointed choir.
When the Exilarch was seated on his high seat, the Gaon of Sora approached the Exilarch, bent the knee before him, and sat at his right hand. His colleague of Pumbeditha having made a similar obeisance, took his seat on the left. When the Law was read, they brought the scroll to the Exilarch, which was looked upon as a royal prerogative. He was also the first one called to the reading of the Law, which on ordinary occasions was the prerogative of the descendants of the house of Aaron. In order to honor him, the president of the college of Sora acted as interpreter (Meturgeman), expounding the passage that had been read.
After the Law was read, it was customary for the Prince of the Exile to deliver an address. But if the Exilarch was not learned, he delegated this duty to the Gaon of Sora. In the final prayer for the glorification of God's name (Kadish, Gloria), the name of the Exilarch was mentioned: "May this happen in the lifetime of the Prince." Thereupon followed a special blessing for him, the heads of the colleges and its members (Yekum Purkan), and the names of the countries, places and persons, far and near, that had advanced the welfare of the colleges by their contributions. A festive procession from the synagogue to the house or palace of the Exilarch, and a sumptuous repast for the officials and prominent personages, which often included state officers, formed the conclusion of this peculiar act of homage to the Exilarch.
Once a year, in the third week after the Feast of Tabernacles, a kind of court was held at the house of the Exilarch. The heads of the college, together with their colleagues, the presidents of the community, and many people besides, came to see him at Sora, probably with presents. On the following Sabbath the same ceremonial took place as at the nomination. Lectures were delivered during this court week, which was afterwards known as "the Great Assembly," or the "Feast of the Exilarch."
The Exilarch derived his income partly from certain districts and towns, and partly from irregular receipts. The districts Naharowan (east of the Tigris), Farsistan, Holwan – as far as the jurisdiction of the Exilarch extended – even during the period of decadence, brought him an income of 700 golden denarii ($1700). We can easily imagine how great his revenue must have been in palmy days. The Exilarch also had the right of imposing a compulsory tax upon the communities under his jurisdiction, and the officials of the Caliph supported him in this because they themselves had an interest in it.
The president of the college of Sora was the second in rank in the Judæo-Babylonian community. He was the only one who held the title of Gaon officially, and he had the precedence over his colleague of Pumbeditha on all occasions, even though the former were a young man and the latter an aged one. Meanwhile, the school of Pumbeditha enjoyed perfect equality and independence with respect to its internal affairs, except when one or another Exilarch, according to Oriental custom, made illegal encroachments upon it.
Next to the president came the chief judge, who discharged the judicial duties, and was, as a rule, his successor in office. Below these were seven presidents of the Assembly of Teachers, and three others who bore the title of Associate or scholar, and who together seem to have composed the Senate in a restricted sense. Then came a college of a hundred members, which was divided into two unequal bodies, one of seventy members representing the "great Synhedrion," the other of thirty forming the "smaller Synhedrion." The seventy were ordained, and consequently qualified for promotion; they bore the title of Teacher. The thirty or "smaller Synhedrion" do not seem to have been entitled to a seat and vote, they were simply candidates for the higher dignity. The members of the college generally bequeathed their offices to their sons, but the office of president was not hereditary.
This peculiarly organized council of the two colleges by degrees lost its strictly collegiate character, and acquired that of a deliberative and legislative Parliament. Twice a year, in March and September (Adar and Elul), in accordance with ancient usage, the college held a general meeting, and sat for a whole month. During this period the members occupied themselves also with theoretical questions, discussing and explaining some portion of the Talmud, which had been given out beforehand as the theme. But the attention of the meeting was principally directed to practical matters. New laws and regulations were considered and decreed, and points which had formed the subject of inquiry by foreign communities, during the preceding months, were discussed and answered. Little by little the replies to the numerous inquiries addressed to them by foreign communities on points of religion, morals, and civil law, came to occupy the greater part of the session. At the end of the session all opinions expressed by the meeting on the points submitted for their consideration were read over, signed by the president, in the name of the whole council, confirmed with the seal of the college (Chumrata), and forwarded by messenger to each community with a ceremonious form of greeting from the college. It was customary for the various congregations to accompany their inquiries with valuable presents in money. If these presents were sent specially to one of the two colleges, the other received no share; but if they were remitted without any precise directions, the Soranian school, being the more important, received two-thirds, and the remainder went to the sister-college. These presents were divided by the president among the members of the college and the students of the Talmud.
Over and above such irregular receipts, the two colleges derived a regular income from the districts which were under their jurisdiction. To Sora belonged the south of Irak, with the two important cities Wasit and Bassora, and its jurisdiction extended as far as Ophir (India or Yemen?). In later times the revenues of these countries still amounted to 1500 gold denars (about $3700). The northern communities belonged to Pumbeditha, whose jurisdiction extended as far as Khorasan.
The appointment of the judges of a district was, in all probability, the duty of the principal of the college, in conjunction with the chief judge and the seven members of the Senate-council. Each of these three heads of the Babylonian-Jewish commonwealth accordingly possessed the power of appointing the judges of his province, and the communities were thus either under the Prince of the Captivity or the Soranian Gaonate, or were dependent on the college of Pumbeditha. When a judge was appointed over a certain community he received a commission from the authorities over him. He bore the title of Dayan, and had to decide not only in civil but also in religious cases, and was therefore at the same time a rabbi. He chose from amongst the members of the community two associates (Zekenim), together with whom he formed a judicial and rabbinical tribunal. All valid deeds, marriage contracts, letters of divorce, bills of exchange, bills of sale, and deeds of gift, were also confirmed by this rabbi-judge. He was, at the same time, the notary of the community. For these various functions he received – first, a certain contribution from every independent member of the community; secondly, fees for drawing up deeds; and, thirdly, a weekly salary from the vendors of meat. The children's schools, which were in connection with the synagogue, were probably also under the supervision of this rabbi-judge.
The communal constitution in Jewish Babylonia has served as a model for the whole Jewish people, partly until the present time. At the head of the community stood a commission entrusted with the public interests, and composed of seven members, who were called Parnesé-ha-Keneset (Maintainers of the Community). A delegate of a Prince of the Captivity, or of one of the principals of the colleges, was charged with the supervision of public business, and also possessed the power of punishing refractory members. The punishments inflicted were flogging and excommunication. The latter, the invisible weapon of the Middle Ages, which changed its victims to living corpses, was, however, neither so often nor so arbitrarily exercised by the Jews as by the Christians; but even among them it fell with terrible force. Those who refused to comply with religious or official regulations, were punished with the lesser excommunication. It was mild in form, and did not entail the total isolation of the person excommunicated, and affected the members of his own family still less. But whosoever failed to repent within the given respite of thirty days, and to make application to have the excommunication annulled, incurred the punishment of the greater ban. This punishment scared away a man's most intimate friends, isolated him in the midst of society, and caused him to be treated as an outcast from Judaism. No one was allowed to hold social intercourse with him, under penalty of incurring similar punishments. His children were expelled from school, and his wife from the synagogue. All were forbidden to bury his dead, or even to receive his new-born son into the covenant of Abraham. Every distinctive mark of Judaism was denied him, and he was left branded as one accursed of God. The proclamation of the ban was posted up outside the court of justice, and communicated to the congregation. Although this punishment of excommunication and its consequences were extremely horrible, it was nevertheless, at a time when the multitude was not open to rational conviction, the only means of preserving religious unity intact, of administering justice, and of maintaining social order.
The Jewish commonwealth of Babylonia, notwithstanding its dependence on the humors of a Mahometan governor and the caprice of its own leaders, seemed nevertheless to those at a distance surrounded with a halo of power and greatness. The Prince of the Captivity appeared to the Jews of distant lands, who heard only confused rumors, to have regained the scepter of David; for them the Geonim of the two colleges were the living upholders and the representatives of the ideal times of the Talmud. The further the dominion of the Caliphate of the house of Ommiyyah was extended, to the north beyond the Oxus, to the east to India, in the west and the south to Africa and the Pyrenees, the more adherents were gained for the Babylonian Jewish chiefs. Every conquest of the Mahometan generals enlarged the boundaries of the dominion under the rule of the Prince of the Captivity and the Geonim. Even Palestine, deprived of its center, subordinated itself to Babylonia. The hearts of all Jews turned towards the potentates on the Euphrates, and their presents flowed in freely, to enable the house of David to make a worthy appearance, and the Talmudical colleges to continue to exist in splendor. The grief for their dispersion to all corners of the earth was mitigated by the knowledge that by the rivers of Babylon, where the flower of the Jewish nation in its full vigor had settled, and where the great Amoraim had lived and worked, a Jewish commonwealth still existed. It was universally believed by the Jews that in the original seat of Jewish greatness the primitive spring of ancient Jewish wisdom was still flowing. "God permitted the colleges of Sora and Pumbeditha to come into existence twelve years before the destruction of the Temple by Nebuchadnezzar, and vouchsafed them His special protection. They never suffered persecution at the hands of the Romans or the Byzantines, and have known neither coercion nor bondage. From thence will proceed the deliverance of Israel, and the dwellers in this happy corner of the earth will be spared the sufferings that are to usher in the age of the Messiah." Such was the view held by all who had not seen the Babylonian settlement with their own eyes.
It was accounted an honor for a dead person to be mentioned at a memorial service at the colleges. For this purpose a special day was set apart in each month of assembly, during which no business was transacted by the colleges; the members mourned for the benefactors of the colleges that had died during the past year, and prayed for the peace of their souls (Ashkabá). Later on it became customary to forward lists of the dead, even from France and Spain, in order that they might also be thus honored.
The Jews of Spain, to whom so brilliant a part is allotted in Jewish history, drained the cup of misery to the dregs, at the very time when their brethren in Irak obtained almost perfect freedom and independence. Some of them had been obliged to emigrate; others were compelled to embrace Christianity, and were required by the king Chintila, solemnly to declare in writing their sincere adherence to the Catholic faith and their entire repudiation of Judaism. But although they had been forcibly converted, the Jews of Visigothic Spain nevertheless clung steadfastly to their prohibited religion. The independent Visigothic nobles, to a certain extent, protected them from the king's severity, and no sooner were the eyes of the fanatical Chintila closed in death than the Jews openly reverted to Judaism under Chindaswinth, his successor (642–652). This monarch was at open enmity with the clergy, who desired to restrain the power of the throne in favor of the Church, but was well affected towards the Jews.