Two Jewish Temples in Egypt

Two Jewish Temples in Egypt

Rabbi Reuven Chaim Klein is the author of the newly-released work God versus Gods: Judaism in the Age of Idolatry (Mosaica Press, 2018). His book follows the narrative of Tanakh and focuses on the stories concerning Avodah Zarah using both traditional and academic sources. It also includes an encyclopedia of all the different types of idolatry mentioned in the Bible. Rabbi Klein studied for over a decade at the premier institutes of the Hareidi world, including Beth Medrash Govoha in Lakewood and Yeshivas Mir in Jerusalem. He authored many articles both in English and Hebrew, and his first book Lashon HaKodesh: History, Holiness, & Hebrew (Mosaica Press, 2014) became an instant classic. His weekly articles on synonyms in the Hebrew language are published in the Jewish Press and Ohrnet. Rabbi Klein lives with his family in Beitar Illit, Israel and can be reached via email to: rabbircklein@gmail.com
 
In this article, we will discuss two different temples which the Jews built in Egypt: the temple at Elephantine, and Chonyo’s Temple. After providing the reader with the historical background to both temples, we will analyze the nature of the worship which took place there, as well as their possible Halachic legitimacy.

The Temple at Elephantine

Ancient papyri found on the Egyptian island Elephantine (יב, Yev in Aramaic) reveal the forgotten story of a Jewish Temple that was built there.
According to those documents, Jews living in Egypt when it was still an independent state built a Temple for Hashem at Elephantine. This occurred after the destruction of the First Temple, but before the construction of the Second Temple. Later, when the Persians conquered Egypt, they destroyed most of its temples,[1] but allowed the Jewish Temple at Elephantine to remain. Sometime afterwards, the priests of the Egyptian deity Khnum and the local Persian rulers colluded against the Jewish community at Elephantine, destroying their Temple and taking the Temple’s gold and silver for themselves.
The Jewish priests of the Elephantine temple, led by a priest named Jedaniah, sent letters appealing to the Persian-appointed Jewish governor of Judah and the Cuthean governate of Samaria to intervene on their behalf, and lobby the Persians for the restoration of their temple. In these letters, the priests of Elephantine repeatedly mentioned that they wished to resume sacrificing meal-offerings, burnt-offerings, and incense (which as we will see seems to be Halachicly problematic). It seems that the Second Temple in Jerusalem had already been built by this time; as the Elephantine priests mentioned in their letter that they had also written to Yochanan, the Kohen Gadol in Jerusalem, but had not received a reply.
The Elephantine Temple was eventually rebuilt, but the Jewish community at Elephantine did not last much longer.[2]

Were the Jews at Elephantine Loyal to Halachah?

The academic consensus views the Jews at Elephantine as practitioners of a syncretistic mixture of Judaism and Egyptian/Aramean idolatrous
cults.
[3] This comes as no surprise, because Jeremiah (Chapter 44) already mentioned that the Jews who remained in Judah after the destruction
of the First Temple and the subsequent assassination of Gedaliah (the Babylonian-appointed Jewish governor over what remained of Judah) migrated to Egypt, where they engaged in idol worship.
[4] As such, the deviant practices of these wayward Jews does not warrant any attempt at justification.[5]
However, some scholars have called this picture into question. In the Ancient Levant, it was standard practice for people to bear personal names
that refer to their gods. Such references to deities within a person’s name is known as a theophoric element. Accordingly, if the Jewish community at Elephantine was truly syncretistic, then we would expect the Jews of that community to incorporate the names of foreign gods into their personal names. But the evidence shows that they did not. Partially because of this lack of idolatrous theophoric elements, some scholars argue that the Jewish community at Elephantine was not idolatrous—rather they remained wholly devoted to Hashem. These scholars explain away alleged allusions to foreign gods at Elephantine as the assimilation of various pagan religious
concepts into their brand Judaism, as opposed to the outright acceptance of pagan deities.[6] Similarly, the Jews at Elephantine may have used Aramean phraseology to refer to Jewish ideas, but they did not adopt Aramean religion.[7]
According to this approach, we must seek out the Halachic justification for offering sacrifices at the temple in Elephantine, a practice which seems to defy the Torah’s ban on sacrifices outside of the Holy Temple in Jerusalem. Assuming that the Elephantine Jews were basically loyal to normative Judaism, how did they justify building a temple, complete with sacrifices?
As mentioned previously, it seems that those Jews who built the Temple at Elephantine only did so after the destruction of the First Temple in Jerusalem. Based on this, R. Ephraim Dov ha-Kohen Lapp (1859–1925) proposes that they followed a minority Halachic opinion which maintains that when the First Temple was destroyed, the site in Jerusalem lost it holy status, thus legitimizing the use of private altars.[8] Accordingly, the Temple at Elephantine had the Halachic status of a legitimate private altar. As a result of this status, the Jews at Elephantine only offered voluntary, votive sacrifices such as meal-offerings, burnt-offerings, and incense (as opposed to obligatory sacrifices, like sin-offerings or guilt-offerings). This
is, in fact, in accordance with the Mishnah
[9] that limits the permissible sacrifices at legitimate private altars to exactly such offerings.[10]

Private Altars in the Second Temple Period

Nonetheless, the issue that remains unresolved is why this temple was not discontinued or dismantled upon the construction of the Second Temple. We can possibly resolve this question by comparing the issue of the temple at Elephantine to the issue of private altars in the Kingdom of Judah.
As evident in the Book of Kings, private altars existed in the Kingdom of Judah throughout the First Temple period. There was no systematic
campaign to destroy them until Hezekiah came along. This begs the question: Why did righteous kings of Judah, such as Asa and Jehoshaphat allow these private altars to remain, if sacrifices were only allowed at the Holy Temple in Jerusalem?
R. Moshe Sofer (1762–1839) answers that many of the private altars in question were built before the prohibition of private altars came
into effect (i.e. before the Temple in Jerusalem was built). Therefore, since these private altars were built legitimately, they maintained a certain degree of holiness. Consequently, it was actually
forbidden to destroy them, and this prohibition remained in effect even once using them for ritual purposes became prohibited (i.e., when the Temple was later built). For this reason, even the “good” kings of Judah did not remove the private altars.[11]
Based on this understanding, we can conjecture that a similar approach may have taken hold at the temple in Elephantine. If that temple was
originally built at a time when private altars were permitted (because the First Temple in Jerusalem had already been destroyed), then perhaps some Jews attached a certain degree of holiness to the temple, and refused to dismantle it after the Second Temple in Jerusalem was built. Nonetheless, even if they were justified in allowing the temple at Elephantine to remain standing, there does not seem to be any justification for continuing to offer sacrifices outside of Jerusalem once the Second Temple was built.

The House of Chonyo

The Mishnah[12] mentions another Jewish temple in Egypt—the House of Chonyo (Onias). Chonyo was the son[13] of Shimon the Just, a righteous Kohen Gadol in the Second Temple in Jerusalem. Before his death, Shimon the Just said that his son Chonyo should succeed him as Kohen Gadol.
The Talmud[14] offers two Tannaic accounts of how Chonyo’s temple came about. According to R. Meir, Chonyo’s older brother Shimi became jealous that their father chose Chonyo to succeed him, so he tricked Chonyo into making a mockery of the Temple rituals and angering the other Kohanim. Shimi gave Chonyo “instructions” for his inaugural service by telling him that he was expected to wear a leather blouse and a special belt.
When Chonyo came to the altar wearing those “feminine” articles of clothing, Shimi insinuated to the other Kohanim that Chonyo wore those clothes in order to fulfill a promise to his “lover”.
[15] This raised their ire and they chased him to the Egyptian city of Alexandria,[16] where he established an idolatrous temple.
According to R. Yehudah, the story unfolds differently. Although Shimon the Just advised that his son Chonyo should become the next Kohen Gadol, Chonyo deferred that honor, allowing his older brother Shimi to be appointed instead. Nonetheless, Chonyo became jealous of his older brother, so he devised a plan to embarrass him and deprive him of his office. Chonyo gave Shimi “instructions” for his inaugural service by telling him that he was expected to wear a leather blouse and a special belt. When Shimi came to the altar wearing those “feminine” articles of clothes, Chonyo insinuated to the other Kohanim that Shimi wore those clothes in order to fulfill a promise to his “lover”. When the other Kohanim found out the truth, i.e. that Chonyo had tricked Shimi by giving him incorrect instructions for his inaugural service, they chased Chonyo to Alexandria, where he established a temple for Hashem.[17]
The Talmud concludes this second account by relating that Chonyo justified the establishment of his temple by citing the words of Isaiah,[18] On
that day, there will be an altar for Hashem inside the Land of Egypt, and a single-stone altar to Hashem next to its border
(Isa. 19:19).

Josephus’ Account of the Chonyo Story

Josephus offers a third account of how Chonyo’s temple was established. After the death of Alexander the Great, Greek holdings in the Middle East were divided between the Seleucid kingdom in Syria and the Ptolemaic kingdom in Egypt. A flashpoint of contention between these two rival kingdoms was the Holy Land, and different groups of Jews took different sides in the conflict. When the Seleucid king, Antiochus Epiphanes, led his army to Jerusalem, he violated the Holy Temple and halted the offering of daily sacrifices for three and a half years.
Chonyo, who was the Kohen Gadol in Jerusalem, was a supporter of the rival Ptolemaic kingdom. When the Seleucids came to Jerusalem, he fled to
Egypt. In Egypt, Ptolemy granted Chonyo permission to establish a Jewish community in the district of Heliopolis. There,
[19] Chonyo built a city resembling Jerusalem, along with a temple that resembled the one in Jerusalem. Centuries later, Chonyos’ temple met its eventual demise at the hands of the Romans. After they destroyed the Second Holy Temple in Jerusalem, the Romans ordered the closure of Chonyo’s temple in Egypt, and eventually its destruction.[20]
Josephus seems to attribute noble intentions to Ptolemy. He was said to have sponsored the establishment of a Jewish temple in Egypt so that the
Jews there would have the opportunity to worship Hashem (and would be more willing to help Ptolemy battle the Seleucids). However, in
explaining Chonyo’s rationale for building the temple in Egypt, Josephus reports that Chonyo built it in order to compete with the Temple in Jerusalem and draw Jews away from worshipping Hashem properly. Chonyo had a bone to pick with the Jewish leadership in Jerusalem on account of their rejection of him, which forced him to flee to Egypt.
Josephus also reports that Chonyo rationalized his building of a temple on foreign soil[22] by citing Isaiah’s above-mentioned prophecy.[22]

Chonyo’s Temple in Halacha

As we have seen above, whether or not Chonyo’s temple was idolatrous remains a matter of contention. According to Josephus and R. Meir,
Chonyo sought to worship something other than Hashem. On the other hand, according to R. Yehuda, Chonyo’s temple was established for
the sake of Hashem. If we follow the first view, then there can be no justification for what Chonyo did and the establishment of his idolatrous temple in Egypt. However, if he sought to worship Hashem, then from a Halachic perspective, there may be two ways of looking at Chonyo’s temple: Either his temple was a place of forbidden worship (albeit not quite idolatry in the classical sense of worshipping a foreign deity), or it might have been a completely legitimate place of worship.
Maimonides[23] follows R. Yehuda’s version of events, and explains that Chonyo’s temple was not idolatrous, per se, even though it violated the ban on sacrifices outside of the Temple in Jerusalem. In other words, the practices at Chonyo’s temple reflected an illegitimate way of worshipping Hashem. Maimonides also notes that many local Egyptians—known as Copts—became involved in Chonyo’s temple, and were thus drawn to worshipping Hashem.
The Tosafists[24] disagree with Maimonides’ premise that Chonyo’s temple violated Halacha. Instead, they explain that Chonyo avoided the prohibition of offering sacrifices outside of the Temple in Jerusalem by only offering sacrifices belonging to non-Jews. According to this approach, there was nothing technically wrong with Chonyo’s temple and the services there.

Gentiles Sacrifices outside of Jerusalem

Nonetheless, the commentators grapple over reconciling the Tosafists’ explanation with the opinion of the Tannaic sage R. Yose who maintains that the prohibition of offering sacrifices outside of Temple even extends to sacrifices of non-Jews.[25]
R. Avrohom Chaim Schor (1560–1632)[26] explains that the dispute about whether Chonyo’s temple was legitimate or not centers around whether or not one accepts R. Yose’s view. In other words, R. Meir accepted R. Yose’s view that even a non-Jew’s sacrifices may only be offered in the Holy Temple. As a result of that, R. Meir understood that Chonyo’s temple must have been illegitimate, so he branded the temple idolatrous. In contrast, R. Yehuda rejected R. Yose’s opinion, so he reasoned that there could be Halachic justification for Chonyo’s temple. Because of this, R. Yehuda asserted that Chonyo’s was not idolatrous, but reflected the genuine worship of Hashem, albeit—as the Tosafists explain—specifically for gentiles.
Alternatively, R. Schor proposes that although R. Yose forbids offering the sacrifices of gentiles outside of the Temple in Jerusalem, this prohibition only applies to Jewish priests. Accordingly, R. Yehuda believed that Chonyo and the Jewish priests at his temple did not actually participate in the ritual offerings there. Rather, they offered instructions for the attending gentiles to properly offer sacrifices to Hashem. In this way, no one at Chonyo’s Jewish-run temple ever violated the prohibition against offering sacrifices outside of the Temple in Jerusalem, because they themselves never engaged in such actions, they only helped the gentiles do so.[27]
Others suggest that even R. Yose differentiates between two different types of sacrifices offered by a non-Jew. If a non-Jew consecrated a sacrifice to be brought in the Temple in Jerusalem,[28] then R. Yose would say that this sacrifice may not be offered outside of the Temple in Jerusalem. However, if a non-Jew consecrated a sacrifice without specific intent that it should be offered in Jerusalem, then his offering may Halachically be brought elsewhere. According to this, all opinions agree that a Jew may offer a gentile’s sacrifice outside of the Temple in Jerusalem provided that the gentile did not initially consecrate the sacrifice with intent to bring to Jerusalem.[29] With this in mind, we may justify the services at Chonyo’s temple by explaining that they only offered the sacrifices of non-Jews that were consecrated without specific intent to be offered in Jerusalem.
R. Yehonassan Eyebschuetz (1690–1764) proposes another answer: the Tosafists’ discussion reflects the rejected opinion of the Amoraic sage R. Yitzchok.[30] R. Yitzchok understood that the prohibition of sacrificing outside of the Temple does not apply outside of the Holy Land, thus justifying the existence of Chonyo’s temple which stood in Egypt.[31]
R. Lapp extends this logic to also justify the continued existence of the Jewish temple at Elephantine (mentioned above), even after the construction of the Second Temple in Jerusalem. He argues that in accordance with R. Yitzchok, the entire prohibition of sacrifices outside of the Temple only applies in the Holy Land, not in Egypt.[32]

Egyptian Temples and Eradication of the Idolatrous Inclination

In short, there were two Jewish Temples in Egypt that coexisted with the Second Temple in Jerusalem: the Jewish Temple at Elephantine and Chonyo’s Temple in Alexandria/Heliopolis. We have shown that it is unclear whether or not these temples were idolatrous. If the two Jewish Temples in Egypt were non-idolatrous, then there may be some Halachic justification for their existence.

This, of course, also does not hamper our understanding of the Talmudic assertion that the idolatrous inclination was abolished with the beginning of the Second Temple Era. However, if these Jewish Temples in Egypt were indeed idolatrous, then they pose a challenge to the Talmudic assertions regarding the elimination of the idolatrous inclination.[33]

We shall resolve this difficulty by addressing each temple separately.

The Elephantine Temple seems to have predated the construction of the Second Temple in Jerusalem, and thus the eradication of the idolatrous inclination. As such, the Temple existed before the sages removed the idolatrous inclination. It is not a stretch of the imagination to postulate that even if the idolatrous inclination suddenly ceased to exist, those who already engaged in systematic idolatry beforehand would continue to do so simply out of habit. Once the Elephantine Temple had already been functioning for some time, it would not simply shut down operations overnight because the sages rid the Jews of the idolatrous inclination. There was too much at stake for the priests and other functionaries who profited from the temple.

Regarding Chonyo’s Temple—which certainly did not predate the construction of the Second Temple—even if it was idolatrous, we can argue that it was not the drive for committing idolatry which led to its establishment. Rather, Chonyo’s own ego and pursuit of honor led him to establish a new Temple in Egypt. Those who participated in his cult were merely supporting characters in Chonyo’s own private scheme. In other words, the existence of Chonyo’s idolatrous temple does not contradict the Talmudic statement that the sages had removed the idolatrous inclination, because the idolatrous inclination was not what drove Chonyo’s temple.

To recap, the Idolatrous inclination was not in play at these two temples. At Elephantine, it was the priests’ greed which motivated their continued idol worship and at Chonyo’s temple, it was a personality cult intended to elevate Chonyo which sponsored idolatry.


 

 

[1] The establishment of the Jewish community in Elephantine is uncertain regarding when it happened, although some scholars argue that it predated the destruction of the First Temple. Rabbi Moshe Leib Haberman challenges this assumption, citing the Elephantine Papyri that only reveals that the Jewish settlement was there before Cambyses, but the exact timing is unknown.

[2] Primary sources for the Elephantine Jewish community include B. Porten & A. Yardeni’s Textbook of Aramaic Documents from Ancient Egypt, vol. 1 (1986) and B. Porten’s The Elephantine Papyri in English (1996). Other sources that discuss this community include M.H. Silverman’s “The Religion of the Elephantine Jews—A New Approach” (1973), J.M.P. Smith’s “The Jewish Temple at Elephantine” (1908), and C. Cornell’s “Cult Statuary in the Judean Temple at Yeb” (2016).

[3] The Elephantine Papyri include texts that mention the name of a goddess, Anat-Yahu, which some scholars argue was a syncretistic merge of the Canaanite goddess Anat with Hashem, while others argue that it was wholly an Aramean creation.

[4] J.M.P. Smith suggests that the founders of the Jewish colony at Elephantine were Jews who fled to Egypt instead of remaining in Babylonian-occupied Judah, as called for by Jeremiah.

[5] C. Cornell believes that the Jews in Elephantine worshipped the One Hashem but also held multiple images/idols in their temple, which purported to depict Him in various hypostases.

[6] M.H. Silverman disagrees with the idea that the Jews at Elephantine were entirely idolatrous.

[7] Some scholars suggest that the seemingly idolatrous elements of the Jewish presence at Elephantine were only attempts to evoke Persian sympathy for their cause.

[8] Maimonides rules that the Temple’s site became permanently holy when King Solomon sanctified it, while Raavad disagrees and accepts the opinion that the site was no longer holy after the Temple was destroyed, until it was re-consecrated upon the construction of the Second Temple.

[9] Megillah 1:10 discusses the topic of when the Second Temple was considered to be permanent.

[10] Zivchei Efrayim Al Meseches Zevachim and Responsa Chasam Sofer discuss the question of whether a new site for the Temple would need to be found if the original site was lost.

[11] Responsa Chasam Sofer (Orach Chaim §32). See also R.C. Klein, God versus Gods: Judaism in the Age of Idolatry (Mosaica Press, 2018), pgs. 28–32.
[12] Menachos 13:10.
[13] In Antiquities, Josephus attributes the temple in Egypt to a later Chonyo, who was not the son of Shimon the Just. Nonetheless, some scholars claim that Josephus purposely attributed the establishment of the temple in Egypt to a later Chonyo who had never served as Kohen Gadol in
Jerusalem in order to delegitimize its religious value. See J. E. Taylor, “A Second Temple in Egypt: the Evidence for the Zadokite Temple of Onias,”
Journal for the Study of Judaism vol. 29:3 (1998), pgs. 297–321. Interestingly, R. Yisroel Lipschitz
(1782–1860) in
Tiferes
Yisroel
(Menachos 13:10, Boaz §2)
writes that the Chonyo in discussion was not literally a
son of Shimon the Just, but rather a grandson of Shimon the Just (a son of Shimon’s son Chonyo), accepting
Josephus’s account and adjusting his understanding of the Talmud
accordingly.
[14] TB Menachos 109b.
[15] R. Gershom and Rashi explain that this “lover” was his wife. Maimonides (in his commentary to the Mishnah Menachos
13:10) writes that this “lover” was an alleged mistress.
[16] TB Yoma 38a and JT Shekalim 5:1 relate that the House of Garmu did not wish to reveal the secrets
behind making the shew-bread and the House of Avtinas did not wish to
reveal the secrets behind making the incense for the Temple. In
response, artisans from Alexandria were imported to try and mimic
those secret recipes, but they were unsuccessful in exactly copying
what those families had been able to make. Both R. Yosef Shaul
Nathansohn (1808–1875) in
Divrei Shaul (to TB Yoma
38a) and R. Shalom Massas (1909–2003) in
ve-Cham
ha-Shemesh

(Jerusalem, 2003) pp. 326–327 independently draw an explicit
connection these Alexandrian artisans to Chonyo’s Temple in
Alexandria, although no other authorities do so. The notion of
Alexandrian artisans being unable to exactly replicate something from
Jerusalem is also found in Targum to Est. 1, which relates that
Achashverosh wished to create a replica of King Solomon’s famed
throne, and employed Alexandrian artisans to do so—but to no avail.
That story must have transpired before the establishment of Chonyo’s
Temple in Alexandria because Achashverosh lived before the
construction of the Second Temple. In light of this, we may suggest
that Alexandrian artisans were employed in all cases simply because
Greek Alexandria was a center of knowledge in its time, so the most
knowledgeable craftspeople lived there.
[17] The Jerusalem Talmud (JT Yoma 6:3) slightly differs in its retelling of this discussion. Whilst in
the Babylonian Talmud, the names of the two rival sons of Shimon the
Just are Chonyo and Shimi, in the Jerusalem Talmud, they are
Nechunyon and Shimon. However, R. Tanchum ha-Yerushalmi (a 13
th
century Egyptian Rabbi) writes that Chonyo had two names, Chonyo and
Nechunyo; see B. Toledano (ed.),
ha-Madrich
ha-Maspik
(Tel Aviv, 1961), pg. 154.
Furthermore, according to the Babylonian Talmud, R. Meir believed that Chonyo was
the victim of Shimi’s deceit and ended up establishing a temple for
idolatry, while R. Yehuda believed that Chonyo tricked Shimi, and
ended up fleeing for fear of Kohanic retribution and established a
temple for Hashem. The Jerusalem Talmud echoes the dispute in the
Babylonian Talmud regarding the
story
of Chonyo, but differs in the conclusions. According to the Jerusalem
Talmud, R. Meir understood that Chonyo’s Temple was for Hashem,
while R. Yehuda understood that it was for idolatry. See also
Piskei
ha-Rid
(to TB Menachos 109b)
who copies the entire story as related by R. Meir, but concludes that
Chonyo’s intent was to establish a temple for Hashem—not for
idolatry—in line with the Jerusalem Talmud.
[18] See Isa. 19:18 which calls this Egyptian place Ir
ha-Heres
(עיר ההרס, the city of destruction), which the Talmud (TB Menachos 110a) translates as Karta
de-Beis Shemesh
(קרתא דבית שמש, city of the House of the Sun, i.e. Heliopolis). Indeed, deviant
versions of the Bible (such as the Septuagint and the Dead Sea Scroll
1QIsa3) insert this tradition into the text and read
Ir
ha-Cheres
(עיר החרס, the city of the sun), instead of Ir ha-Heres.
[19] As we saw above, the Talmud locates Chonyo’s temple at Alexandria,
which is quite distant from Heliopolis. We can reconcile this
discrepancy between the Talmud and Josephus by noting that the term
“Alexandria of Egypt” used by the Talmud does not necessarily
refer just to the Egyptian city of Alexandria, but to the entirety of
Egypt; see R. Ulmer,
Egyptian
Cultural Icons in Midrash
(Berlin/Boston:
Walter de Gruyter, 2009), pg. 210 and A. Kasher,
The
Jews in Hellenistic and Roman Egypt: The Struggle for Equal Rights
(Tubingen: Mohr, 1985), pg. 347.
R. Last, “Onias IV and the ἀδέσποτος ἱερός: Placing Antiquities 13.62–72 into the Context of Ptolemaic Land Tenure,” Journal for the Study of Judaism vol. 41 (2010), pgs. 494–516 makes the case that Ptolemey
originally granted Chonyo land in Alexandria for the construction of
the temple, but Chonyo later appropriated other, ownerless lands near
Heliopolis upon which he built his temple.
[20] Josephus concludes with a note that Chonyo’s temple lasted 343 years, although some argue that this figure is exaggerated by close to a
century; see S. G. Rosenberg, “Onias, Temple of.,”
Encyclopedia Judaica 2nd ed. vol. 15 (Detroit: Macmillan Reference USA, 2007), pg. 432. R.
Yisroel Lipschitz writes in
Tiferes Yisroel (Menachos 13:10, Yachin§57) that Chonyo’s temple lasted close to 250 years.
[21] Ibn Yachya in Shalsheles ha-Kabbalah (Jerusalem, 1962), pg. 49 writes that after Chonyo built his temple in Egypt, he later built another temple at Mount Gerizim with the help of the Samaritans. An observation of noted Bible scholar Emanuel Tov accentuates the affinity between these two renegade Jewish cults (i.e. the Alexandrian/Egyptian sect and the Samaritans). Tov
categorizes witnesses of textual variations in the Torah by
essentially dividing them into two blocks: The Masoretic Text (which
Tov admits was the original) and the Septuagint/Samaritan block
(which was derived from the MT, but splinters off into other
directions). By using this mode of classification, Tov recognizes a
certain shared affinity, or perhaps even correspondence, between
these non-mainstream Jewish sects which existed in the Second Temple
period. See E. Tov, “The Development of the Text of the Torah in
Two Major Text Blocks,”
Textus
vol. 26 (2016), pgs. 1–27.
[22] The War of the Jews (Book I, Chapter 1 and Book VII, Chapter 10) and Antiquities
of the Jews
(Book XII, Chapter 9 and Book XIII, Chapter 3).
[23] In his commentary to the Mishnah Menachos 13:10.
[24] To TB Menachos 109b.
[25] Cited in TB Zevachim 45a.
[26] Tzon Kodashim to TB Menachos 109b.
[27] This explanation is also proposed by Sfas Emes (to TB Menachos 109b).
[28] The Mishnah (Shekalim 1:5) rules that the Temple can only accept from non-Jews votive sacrifices, but not what are otherwise considered obligatory offerings.
[29] See Mikdash David (Kodshim §27:9), written by R. David Rappaport (1890–1941), Even ha-Azel (Laws of Maaseh ha-Korbanos 19:7), by R. Isser Zalman Meltzer (1870–1953), and Sefer ha-Mitzvos le-Rasag vol. 2 (Warsaw, 1914), pg. 233b, by R. Yerucham Fishel Perlow
(1846–1934).
[30] See TB Megilla 10a.
[31] Yaaros Dvash (vol. 1, drush #9).
[32] Zivchei Efrayim Al Meseches Zevachim (Piotrków, 1922), pgs. 5–7.
[33] For a fuller discussion of this Talmudic assertion, see R.C. Klein, God versus Gods: Judasim in the Age of Idolatry
(Mosaica Press, 2018), pp. 244–276.



Avunculate Marriage in the Bible

Avunculate Marriage in the Bible

By Reuven Chaim (Rudolph) Klein
Rabbi Reuven Chaim Klein is the author of the Lashon HaKodesh: History, Holiness, & Hebrew [available here]. His book is available online and in bookstores throughout the world. Rabbi Klein published articles in various journals including Jewish Bible Quarterly, Kovetz Hamaor, Kovetz Chitzei Gibborim, and Kovetz Kol HaTorah. He studied at premier Yeshivas including the Mir in Jerusalem and BMG in Lakewood. He was most recently a fellow at the Tikvah Institute for Yeshiva Men (Summer 2015) and lives with his wife and children in Beitar Illit, Israel.
Anyone who has a copy of the first edition of his book on Lashon HaKodesh is eligible to receive a PDF of the “Additions and Corrections” section of the new edition. Please send requests directly to the author at: historyofhebrew@gmail.com

The term “avunculate marriage” refers to marriage between a man and his niece. In this paper, we will explore the Bible’s view on the permissibility of such unions, and discuss several examples of such marriages in the Bible. Not only does rabbinic literature generally presume that such marriages are permitted, the Talmud even encourages it. On the other hand, other sources ban these relationships. The Sadducees believe that the Bible forbids such marriages. While various Tosafists believe that such marriages are Biblically permitted, they still prohibit marrying one’s niece (at least in some cases) for other reasons.

Abraham & Nahor marry their nieces

Upon close examination, one will find that at least six Biblical personalities married their nieces. Each of these cases can and are interpreted in various ways; calling into question their relevance to our discussion. However, the mere fact that tradition allows for these sorts of interpretations shows that avunculate marriage is compatible with Biblical tradition, and constitutes a legitimate building block in the institution of the Jewish family.

The first two examples of avunculate marriages in the Bible are those between Abraham and Nahor and their respective nieces. The Torah says:

And Terah lived seventy years, and begot Abram, Nahor, and Haran. Now these are the generations of Terah: Terah begot Abram, Nahor, and Haran; and Haran begot Lot. And Haran died in the presence of his father Terah in the land of his nativity, in Ur of the Chaldees. And Abram and Nahor took them wives: the name of Abram’s wife was Sarai; and the name of Nahor’s wife, Milcah, the daughter of Haran, the father of Milcah, and the father of Iscah. (Gen. 11:26–29)

This passage records that Abram (i.e. Abraham), Nahor, and Haran were brothers. Nahor married Milcah, the daughter of Haran; and Abraham married Sarai. According to an ancient tradition preserved in rabbinic sources (Seder Olam Ch. 2; TB Megillah 14a; and TB Sanhedrin 69b) and by Josephus (Antiquities of the Jews Book I, Ch. 6), another name for Sarai is Iscah. The assertion that Sarai is the same person as Iscah is supported by the fact that the Torah provides the paternity of Nahor’s wife Milcah, yet does not mention the paternity of Abraham’s wife Sarai. Given that the Torah delineates one wife’s father, we would have expected it to mention the father of the other wife as well. This difficulty can be resolved if we assume that Sarai is Iscah, since the Torah states that Haran was the father of Iscah.[1]

If we assume that the Haran who is mentioned as Abraham and Nahor’s father-in-law is the same person as their brother Haran, and that Sarai is Iscah, then this passage records two instances of avunculate marriages: Nahor married his niece Milcah and Abraham married his niece Iscah/Sarai. However, it is debatable whether Nahor and Abraham’s marriages to Milcah and Sarai were truly avunculate marriages. In order to claim that they were, one must rely on two assumptions, both of which are subject to dispute. Firstly, Ibn Ezra (to Gen. 11:29) expresses skepticism regarding the identification of Iscah with Sarai.[2] Secondly, even if Iscah is Sarai, some commentators (including Abarbanel(Gen. 11) and the Medieval work Moshav Zeqenim[3]) understand that the Bible refers to two different men named Haran. One was a brother to Abraham and Nahor (and father of Lot); while the other was the father of Iscah/Sarai and Milcah.[4] Accordingly, there is no clear consensus on whether Abraham and Nahor married their nieces.

Dinah’s daughter

Later in Genesis, the Bible relates that when Joseph was the Egyptian viceroy, he married Osnath daughter of Poti-Phera (Gen. 41:45). According to many Midrashic sources (Pirkei D’Rabbi Eliezer Ch. 38; Masekhet Sofrim 21:9; and Targum Pseudo-Jonathan to Gen. 41:45(, Osnath was none other than the daughter of Dinah (Jacob’s daughter) and her rapist, Shechem. This “illegitimate” child was initially shunned by Jacob’s family, but eventually found her way back in by marrying Joseph. Thus, Joseph’s wife Osnath was his niece, the daughter of his sister Dinah. Although others understand that Osnath was actually an Egyptian woman,[5] the Midrashic sources above reject the notion that Joseph would marry a non-Israelite woman.
Similarly, Rabbeinu Hayyim Paltiel quotes a Midrash[6] which says that Simeon married the daughter of Dinah who was born by rape through Shechem.[7] According to this Midrash (which is probably mutually exclusive with the above mentioned sources), Simeon married his niece, the daughter of his sister Dinah.
These examples differ from the others under consideration because these are the only explicit examples of a man marrying his sororal niece (i.e. his sister’s daughter). All the other examples involve a man marrying his fraternal niece (i.e. his brother’s daughter).

Uziel and Miriam

Amram had three children: Miriam, Aaron, and Moses. The Bible records the marriages of both of Amram’s sons: Moses married Zippora daughter of Jethro (Ex. 2:21), and Aaron married Eliseba daughter of Amminadab (Ex. 6:23). However, the Bible does not tell us about the family of Amram’s daughter Miriam.

Rabbinic literature states that she married Caleb (Exodus Rabbah §1:17; Sifrei, Beha’alothkha §78; and TB Sotah 11b–12a). However, according to the apocryphal work The Testament of Amram found amongst the Dead Sea Scrolls at Qumran (4Q543, 4Q549), Amram gave his daughter Miriam to his younger brother Uzziel to wed. That work understands that the sons of Uzziel listed in the Bible (Ex. 6:22) were born to his wife Miriam. Thus, that work believed that Uzziel married his brother’s daughter Miriam.

Othniel and Achsa

As related in the book of Joshua (15:16–17) and in the opening chapter of Judges (1:12–13), Caleb offered his daughter Achsa to whoever could conquer the Canaanite stronghold at Kiriath Sepher: “And Othniel the son of Kenaz, Caleb’s younger brother, took it; and he [Caleb] gave him [Othniel] Achsah his daughter to wife.” Othniel succeeded in conquering the city and thus won the hand of his brother’s daughter Achsa in marriage. Most assume that Othniel was Caleb’s full brother, although some explain that they shared only a mother, not a father.[8]
R. Ishtori ha-Parhi (1280-1366), the foremost Rabbinic topographer of the Medieval period, writes (Kaftor Va-Fereh Ch. 5) that the Sadducees consider themselves more pious than Rabbinic Jews because they forbid one to marry his brother’s daughter. Then, ha-Parhi cites this case as a Biblical precedent for allowing such marriages. Nonetheless, ha-Parhi notes that the case of Othniel only proves that one may marry the daughter of his maternal brother but does not necessarily prove that one can marry the daughter of his paternal siblings.

Elimelech and Naomi

There is a Talmudic discussion (TB Bava Bathra 91a) regarding the Book of Ruth which explains the relationships between its major players. It asserts that Elimelech (Naomi’s husband), Salmon (Boaz’s father), the anonymous relative who refused to redeem Naomi’s field, and Naomi’s father were all sons of Nahshon ben Amminadab. According to this understanding, Elimelech married his brother’s daughter—Naomi.

However, the Midrash (Ruth Rabbah §6:3) presents a dissenting view that Elimelech was a son of Salmon (and brother to Boaz). According to this understanding, Naomi was not Elimelech’s niece but his first cousin.

Mordecai and Esther

The Talmud (TB Megillah 13a) relates that Mordecai not only raised the orphaned Esther, but he also married her. Furthermore, some sources, including Josephus in Antiquities (Book XI, Ch. 6), Targum Rishon (to Est. 7:6),[9] and the Vulgate (Est. 2:7) explain that Esther was Mordecai’s niece. Ibn Ezra (to Est. 8:1) and Maimonides (there)[10] also repeat that claim. Together, these two ideas indicate that Mordecai married his niece. Nonetheless, this understanding is simply mistaken as the Bible quite explicitly states that she was his first cousin, not his niece: And he brought up Hadassah, that is, Esther, his uncle’s daughter… (Est. 2:7) and Now when the turn of Esther, the daughter of Abihail the uncle of Mordecai… (Est. 2:15).

The Talmud encourages marrying one’s niece

The prophet Isaiah tells of several acts of kindness that a man can perform that would prompt God to answer his prayers. He says:
Is it not to deal thy bread to the hungry, and that thou bring the
poor that are cast out to thy house? when thou seest the naked, that thou cover
him, and that thou hide not thyself from thine own flesh? Then shall thy light
break forth as the morning, and thy healing shall spring forth speedily; and
thy righteousness shall go before thee, the glory of the LORD shall be thy
reward. Then shalt thou call, and the LORD will answer; thou shalt cry, and He
will say: ‘Here I am.’…
(Is. 58:7–9)
When explaining these “good deeds” in practical terms, the Talmud (TB Yevamot 62b–63a) notes that and that thou hide not thyself from thine own flesh refers to a man who marries his sister’s daughter. While there is a controversy among the commentators concerning whether the Talmud only means one’s sororal niece or even his fraternal niece, it is clear that the Talmud encourages a man to marry his niece. Similarly, the Tosefta (Kiddushin 1:2) teaches, “A man should not marry a woman until his sororal niece comes of age [so that he can marry her], or until he finds [another woman equally fitting for him.”

Only Sororal niece, or even fraternal niece?

There are two approaches among the earlier commentators in how to understand the Talmud’s endorsement of marrying one’s niece. Rashi understands that the Talmud only endorses marrying one’s sororal niece. He explains that this act is considered particularly kind, because a man has a certain longing for his sister (more so than for his brother). Thus, by marrying her daughter, he will insure that his wife will be especially cherished.

However, the Tosafists (Tosafot to TB Yevamot 62b) quote in the name of Rashi’s grandson Rashbam that the Talmud’s endorsement also applies to one’s fraternal niece, not just to a sororal niece. He explains that the Talmud specifically mentions marrying a sororal niece simply because it is more common that a man’s sister will convince him to marry her daughter than it is for his brother to do so.

Nonetheless, Rabbeinu Tam disagrees with this assertion and instead maintains that the Talmud only means that one should marry his sororal niece. There are two modes of justifications given for this approach: Firstly, one’s sororal niece is similar to her uncle, as the Rabbis say, “Most children are similar to the brothers of their mother” (TB Baba Bathra 110a, Sofrim 15:10). This similarity between the two will ensure a stronger marriage, and that is precisely what the Talmud means to endorse.

Furthermore, the Tosafists quote in the name of Rivan (a son-in-law of Rashi and uncle to Rabbeinu Tam and Rashbam) that it is actually forbidden to marry one’s fraternal niece, so the Talmud must only have endorsed marrying one’s sororal niece. They explain that according to the rules of the Levirate marriage (mentioned in Deut. 25:5–10), a man (A) is commanded to marry the widow of his brother (B), if B dies childless. However, the Mishnah teaches (Yevamot 1:1) that if the widow is A’s daughter, then A is exempt from that commandment, because a man may not marry his own daughter. Thus, the Rabbis forbid a man (B) from marrying his niece (A’s daughter) so as to prevent a situation where the commandment of Levirate marriage will be abolished. This rabbinic ban on marrying one’s fraternal niece proves that the Talmud’s endorsement of marrying one’s niece only applies to a sororal niece.[11]
Nonetheless, this proof is incomplete because there are situations where there is no clash with the rules of the Levirate marriage. For example, if A is already deceased (and therefore anyways unable to perform the Levirate marriage), then B should be allowed to marry his daughter. Or if A is only B’s maternal brother, but not paternal brother (and therefore is not allowed to marry B’s widow even if she was not his daughter see TB Yevamot 17b), then he should be allowed to marry A’s daughter. Accordingly, one can argue that in these situations, the Talmud endorses marrying even one’s fraternal niece. This is especially compelling in light of ha-Parhi’s above mentioned proof-text from Othniel, which shows that one is allowed to marry his maternal brother’s daughter.
In short, Rabbeinu Tam—in agreement with his grandfather Rashi—understands that the Talmud only endorses marrying one’s sororal niece, but actually forbids marrying one’s fraternal niece. Rabbi Betzalel Ashkenazi (1520–1592) testifies that this is also the opinion[12] of the non-yet-extant Tosafot Shantz to the Talmudic Tractate Gittin.[13]In his commentary to the Bible, the ‎Alsatian sage R. Yohanan Luria (1440–1514) also follows Rabbeinu Tam’s view.[14]
However, Maimonides (in his commentary to the Mishnah Nedarim 8:5 and in his Laws of Sexual Prohibitions, end of ch. 2) understands that the Talmud does not mention one’s sororal niece to the exclusion of his fraternal niece. He thus rules that is considered a Mitzvah for a man to marry either his sororal or fraternal niece.[15] R. Meir Abulafia (1170–1244) writes (Yad Ramah to TB Sanhedrin 76b) that marrying one’s niece is considered commendable because she is the closest relative that a man is allowed to marry. He thus follows his older contemporary Maimonides in offering no distinction between a sororal niece and fraternal niece (because the degree of kinship to both is the same). Nonetheless, he notes that the Talmud mentioned one’s sister’s daughter in specific simply because marrying her is even more commendable. By doing so, he is performing an act of kindness towards his sister, who might otherwise have difficulty marrying off her daughter.[16]
R. Moses Isserles (1520–1572) settles the matter by ruling in accordance with the view of Maimonides and Rashbam that one should marry his sororal or fraternal niece (see his glosses to the Shulhan Aruch, Even Ha’Ezer §2:6; 15:25).

The Rabbinic View regarding Forbidden Relationships

Rabbinic Judaism extends the meanings of the Biblical passages (Lev. 18 and 20) which delineate forbidden relationships. They note that the Torah spoke of the incest laws from the man’s point of reference, but the laws apply equally to a woman. Thus, the Rabbis understand that all incestuous relationships mentioned in the Bible are forbidden to both the man and the woman involved (TB Yevamot 84b). However, the Rabbis do not add more forbidden relationships than those listed by the Bible; they only say that both parties are culpable. The Sadducees, on the other hand, add cases to the Bible’s list and forbid more cases of the same types of relationship. In this, the Rabbis understand the Bible’s meaning differently than the Sadducees and remain more faithful to the text of the Torah than did they.

The Sadducee View Regarding Forbidden Relationships

A Sadducean work found by Solomon Schechter at the Cairo Geniza criticizes those who marry their brother or sister’s daughter. This work reasons that since according to Mosaic law, a man is not allowed to marry his mother’s sister because she is his mother’s flesh (Lev. 18:13), a woman is also not allowed to marry her parents’ brother. The rationale for such an extension of the Biblical law is that the Torah does not simply list forbidden cases of incest, it lists forbidden categories of relationships. These relationships are determined by degree of kinship, without regard for gender. Thus, if a man is forbidden to his parents’ sister, the same prohibition says that a woman is forbidden to her parents’ brother because the degree of kinship—in this case, parent’s sibling—is the same.[17]
A copy of this document, now known as the Damascus Document, was also found among the Dead Sea Scrolls at Qumran (4Q270). It contains a condemnation of those men who marry their brothers’ daughters (although that particular source omits the prohibition of one’s sister’s daughter). A legal scroll found at Qumran known as Midrash Mishpatim (4Q251) contains a list of the Biblical prohibitions of incest, and includes a man marrying his brother’s or sister’s daughter. Another important document from Qumran known as the Temple Scroll (11Q19) [18] also forbids marrying one’s brother’s or sister’s daughter.[19]
Case
#:
The Bible
(Lev. 18 and 20) forbids a man from marrying his…
The Rabbis
say that this also means that a woman maynot marry her…
The Sadducees
would say that this also means that one maynot marry his/her…
Sadducean
approach is redundant because it is already included in case #/New case:
1
Mother
Son
Daughter/Father
(13)
2
Sister
Brother
n/a
n/a
3
Father’s wife
Husband’s son
Wife’s
daughter/Mother’s husband
9
4
Granddaughter
Grandfather
Grandmother/Grandson
NEW
5
Parent’s
sister
Siblings’ son
Niece/Parent’s
brother
NEW
6
Father’s
paternal-brother’s wife
Husband’s
paternal-brother’s son
Wife’s
paternal-sister’s daughter/Parent’s paternal-sister’s husband, Mother’s paternal-brother’s
wife/Husband’s paternal-brother’s son
NEW (2
scenarios)
7
Daughter-in-law
Father-in-law
Mother-in-law/Son-in-law
12
8
Brother’s
wife
Husband’s
brother
Wife’s
sister/Sister’s husband
11
9
Wife’s
daughter
Mother’s
husband
Father’s
wife/Husband’s son
3
10
Wife’s
granddaughter
Grandmother’s
husband
Grandfather’s
wife/Husband’s grandson
NEW
11
Wife’s sister
Sister’s
husband
Brother’s
wife/Husband’s brother
8
12
Mother-in-law
Son-in-law
Daughter-in-law/Father-in-law
7
13
Daughter (see
fn. 22)
Father
n/a
n/a

The Sadducean method of interpretation creates three pairs of redundancies in the Bible’s list (Cases 3, 7, 8, 9, 11, and 12) and also creates four new cases of incest which are not mentioned in the Bible, in addition to marrying one’s niece (Cases 4, 6, two scenarios, 10).

These two points demonstrate the weakness of the Sadducean approach. The method of interpretation used to justify including one’s niece in the Biblical prohibition against marrying one’s aunt would create a series of redundancies in the other listed cases of incest. Furthermore, according to the Sadducean methodology of Biblical interpretation, four other relationships should be classified as incestuous (in addition to marrying one’s niece). However, the Sadducees are inconsistent in that they explicitly mention their added prohibition against marrying one’s niece but fail to account for the other new cases of incest which their methodology creates.[20]

In fact, Saul Lieberman argues that the Rabbis classified marrying one’s niece as a positive deed specifically in order to counter the Sadducean view that marrying one’s niece is Biblically forbidden. He notes it is the Rabbis’ way to take things which are simply “allowed” by the Bible and encourage people to do them in order to undermine sectarian heretical views.[21]
Interestingly, in his abovementioned work, ha-Parhi notes that the Sadducees were not innovators in banning marriage to a niece: They adopted the prohibition from the Samaritans, who took the idea from the Arabs.[22] Later, the Karaites also followed suit and outlawed uncle-niece marriage.[23]

R. Yehuda Ha-Hassid’s view

The 12th century German leader of the Hassidei Ashkenaz movement, R. Judah Ha-Hassid, declares that one should not marry his niece, neither sororal nor fraternal (in his ethical will §22 and in Sefer Hassidim §477). However, his understanding of this prohibition clearly differs from the Sadducean approach. The Sadducees understood that the Bible itself prohibits marrying one’s niece, while Ha-Hassid does not. As a follower of Rabbinic tradition, Ha-Hassid must comply with Talmudic law, yet his mention of a prohibition against marrying one’s niece is clearly at odds with the Rabbinic approach which not only allows for such marriage but even encourages it.

R. Ezekiel Landau of Prague (1713–1793), in his halachik responsa (Noda B’Yehuda, Even HaEzer Tinyana §79), offers an innovative solution. He proves that R. Judah Ha-Hassid only wrote the prohibitions in his will and Sefer Hassidim for his descendants—not for all Jews—because otherwise his prohibition would contradict an explicit Talmudic passage that not only allows but even applauds a man marrying his niece. [24] Others interpret Ha-Hassid’s warning in accordance with contemporary science, which warns of the genetic dangers to children born to an uncle and niece.

Nonetheless, Ha-Hassid himself explains his true intent. He writes (Sefer Hassidim §488) that only a pious individual is allowed to marry his niece in order that his children be similar to himself (per the rabbinic dictum mentioned above). However, a wicked man who only intends to fulfill his own pleasures should not marry his niece, so that his children will not be like him. Thus, Ha-Hassid actually allows for avunculate marriage in the right circumstances, yet elsewhere he writes blankly that it is forbidden so that the not-necessarily-pious masses would refrain from such unions.[25]

Conclusion

There are essentially two general views regarding avunculate marriage in the Bible. The Rabbinic position is that avunculate marriage is permitted by Biblical law. In fact, according to Rabbinic tradition, there are even Biblical precedents for allowing such marriages. Nonetheless, the Rabbis do limit the circumstances under which one may marry his niece. They forbid marrying one’s fraternal niece, since this might interfere with the commandment of the Levirate marriage. There is also the pietistic view of the Hassidei Ashkenaz, who rule that only a pious man may marry his niece (because he will have pure intentions), while the masses should not engage in such unions.

By contrast, the Sadducean approach outlaws avunculate marriage entirely, and attributes this prohibition to the Bible. Even according to Rabbinic tradition, the aforementioned Biblical cases are not unanimously viewed as actually consisting of avunculate marriages. The Sadducees would likely interpret these cases such that they do not serve as precedents for legitimately marrying one’s niece.

[1] L.
A. Feldman (ed.), Pirush HaRan Al HaTorah (Jerusalem: Machon Shalem,
1968) pg. 149.
[2]
While Ibn Ezra does not explicitly note his objections to this identification,
other sources quote a question in his name which implies a reject of this
tradition. Ibn Ezra asks that if we assume that the Bible lists Terah’s sons in
order of their birth, then Abraham was at least two years older than Haran.
Furthermore, it is evident from the Bible that Abraham was ten years older than
his wife Sarah (Sarai), as it says Then Abraham fell upon his face, and
laughed, and said in his heart: ‘Shall a child be born unto him that is a
hundred years old? and shall Sarah, that is ninety years old, bear?’
(Gen.
17:17). This would mean that Haran fathered Iscah/Sarai at the extremely
unlikely age of eight. Rabbeinu Hayyim Paltiel answers this objection by
noting that the Talmud (TB Sanhedrin 69b) itself already raised this
point. In fact, it uses this calculation to prove that in early generations men
fathered offspring from as early as the age of eight. See I. S. Lange
(ed.), Pirushei HaTorah L’Rabbeinu Hayyim Paltiel (Jerusalem,
1981) pp. 26–27 and S. Sasson (ed.), Moshav Zeqenim (London,
1959) pg. 15.
[3] S.
Sasson (ed.), Moshav Zeqenim (London, 1959) pg. 15.
[4] The
commentators propose this distinction because of the fact that the Bible splits
the genealogy of Haran’s descendants into two verses. The first verse only
mentions Lot, while the second says that he was the father of Milcah and Iscah.
However, Kimhi explains these verses in the exact opposite way: He
argues that the Torah sought to clarify that Haran was not only the father of
Lot, but also of Milcah and Iscah (which follows the view that this passage
only discusses one Haran).
[5]
Josephus (in Antiquities of the Jews Book II, Ch. 6) also understood
that Joseph’s wife was literally the daughter of Potiphar. However, see Midrash
Sekhel Tov
(to Gen. 39:1) and Midrash Tadshe (Ch. 21), printed in J.
D. Eisenstein (ed.), Otzar Midrashim (New York, 1915) pg. 486 and also
cited by Yalkut Shimoni (Joshua §9), which say that Osnath was among
several righteous female converts.
[6]
This Midrash appears nowhere else, save for Rabbeinu Hayyim Paltiel’s
commentary. However, there is a similar tradition (Genesis Rabbah
§80:11) which says that Dinah refused to leave the house of Shechem until
Simeon promised to marry her. According to that Midrash, Simeon married his
sister
Dinah, not her daughter.
[7] I.
S. Lange (ed.), Pirushei HaTorah L’Rabbeinu Hayyim Paltiel (Jerusalem,
1981) pg. 166.
[8] The
Talmud (TB Temurah 16a), followed by Rashi (to Jos. 15:17 and Jud.
1:13), writes that Othniel was only Caleb’s maternal brother, not full brother.
The rationale for this statement is that Caleb’s father is always given in the
Bible as Jephunah (Num. 13:6; 14:30; 26:65; 32:12; 34:19; Deut. 1:36′; Josh.
14:6; 14:14; I Chron. 4:15), while Othniel is always mentioned as a son of
Kenaz (Josh. 15:17; Jud. 1:13; 3:9; 3:11; I Chron. 4:13). According to this
approach, after Caleb was born, his mother married someone named Kenaz, and
bore Othniel to him. Rashi remains consistent with this view when he writes (in
his commentary to TB Sukkah 27b) that he is unsure of Othniel’s tribe,
because his relationship to Caleb was only through their mother, and
matrilineal descent does not impart tribal affiliation.
Kimhi
(to Josh. 15:17) adds that in the instances that Caleb also is referred to as a
Kenizzite (Num. 32:12; Josh. 14:6; 14:14), this term is a reference to his
step-father. Kimhi then suggests that Caleb and Othniel were actually
full brothers and that their father had two names: Jephunah and Kenaz (which is
why Caleb is also called a Kenizzite). Ultimately, Kimhi rejects this
approach and argues that the appellation “Kenizzite” refers to the family
of Kenaz, a common ancestor of both Caleb and Othniel. Ha-Parhi (cited
below) and Abarbanel (to Josh. 15:16 and in his introduction to Judges) concur
with Kimhi’s conclusion. [It has yet to be explored whether the term
Kenizzite used in connection with Caleb is related to the Kenizzites, a
Canaanite tribe which God promised Abraham will be conquered by the Israelites
(Gen. 15:19).]
[9]
Although, see Targum Rishon earlier (to Esther 2:7 and 2:15) who
explicitly writes that Esther was the daughter of Mordecai’s uncle, making them
first-cousins, not niece and uncle.
[10] Y.
Rivlin (ed.), Pirush Megillat Esther L’Rambam (Jerusalem, 1952)
pg. 60.
[11] See
Tosafot (TB Yevamot 99a) and Tosafot Yeshanim (ibid. 62b).
The same point is made earlier by Rav Sherira Gaon (who predated Rabbeinu Tam)
in a responsum printed by M. Grossberg (ed.), Gvul Menashe (Frankfurt,
1899) pg. 15.
[12] R.
Abraham Haim Schor (d. 1632) writes (Torat Haim to TB Sanhedrin
76b) that marrying one’s sororal niece is especially praiseworthy because
according to Biblical law, a daughter does not inherit her deceased father’s
property unless he has no sons. Accordingly, there is likely animosity between
a man and his sister, for the former will inherit their father’s property and
the latter will not. Therefore, it is especially praiseworthy for a man to
marry his sister’s daughter in order to alleviate this animosity and show his
sister that even she will derive benefit from their deceased father’s estate. Tosafot
Shantz
, as quoted by Ashkenazi, offers a very similar approach and adds
that marrying one’s brother’s daughter does not achieve the same effect because
one’s paternal brother will in any case inherit his father’s property. In this,
Tosafot Shantz offers another strong argument for Rabbeinu Tam’s position.
[13] M.
Y. Blau (ed.), Shitah Mekubetzet Yevamot (New York: Shitat HaKadmonim,
1986) pg. 302. See also Shitah Mekubetzet (to TB Nedarim 63b) who
also seems so inclined.
[14] Y.
Hoffman (ed.), Meshivat Nefesh (Jerusalem: Machon Yerushalayim, 1998)
pg. 18.
[15] See
also Meiri (to TB Yevamot 62b) who seems to agree with Maimonides.
[16] In
a similar explanation, R. Todros HaLevi ben Joseph Abulafia (1225–1285), a
nephew of R. Meir Abulafia, writes that marrying one’s sister’s daughter is
especially meritous because his sister likely has financial difficulties in
marrying off her daughter. Hida (Birkei Yosef to Even HaEzer
§2:6) quotes this unpublished explanation of R. Todros and adds that according
to this, there is no difference between a sororal niece and a fraternal niece,
the difference is only in whether the groom’s sibling has financial
difficulties.
[17] S.
Schechter (ed.), Documents of Jewish Sectaries Vol. 1, Fragments of a
Zadokite Work (Cambridge, 1910) pg. 5.
[18]
Interestingly, Midrash Mishpatim lists the prohibition of marrying one’s
niece before it lists one’s aunt, while the Temple Scroll lists
marrying one’s niece afterwards.
[19] See
E. Eshel, “The Proper Marriage according to the Genesis Apocryphon and Related
Texts,” Meghillot: Studies in the Dead Sea Scrolls Vol. 8–9 (Jerusalem:
Bialik Institute, 2010) pp. 29–51, who discusses numerous examples of the DSS
embellishing Biblical passages by adding marriages between first cousins. She
explains that the authors of those scrolls added cases of marriage between
first cousins and not between man and his niece precisely because the Qumranic
sect believed the latter to be forbidden.
[20] It
should be noted that three out of four of those cases (i.e. grandmother,
mother’s paternal brother’s wife, and grandfather’s wife) are explicitly banned
by Rabbinic decree, even though according to Rabbinic interpretation they are
permitted by Biblical law (see TB Yevamot 21a).
[21] S.
Lieberman, Tosefta Ki-fshutah (New York: JTS, 1973) pg. 915. Cf. E.
Segal, “Sarah and Iscah: Method and Message in Midrashic Tradition”, JQR,
vol. 82:4, pp. 417–429 who seems content to similarly explain the Midrashic
identification of Sarah with Iscah (mentioned above).
[22]
Ha-Parhi, in his abovementioned polemic against Sadducees, writes that
should one meet a Sadducee, one should tell him that according to Sadducean
religion one is allowed to marry his daughter because the Bible does not
explicitly forbid it and the Sadducees do not recognize the hermeneutical
arguments set forth by the Rabbis (TB Sanhedrin 76a) for its
prohibition. However, in light of the above, Ha-Parhi’s polemic is no
longer applicable because according to the Sadducees’ internal logic, marrying
one’s daughter is included in the prohibition of marrying one’s mother because
both are a violation of the child-parent relationship. That is, the Torah
forbids a man to lie with his mother and both Rabbinic and Sadducean
interpretation extend this prohibition to a woman who is forbidden from lying
with her son. However, Sadducean interpretation would also argue that included
in this prohibition is a man lying with his daughter because the Torah’s intent
is not simply to forbid a man and his mother, but to declare incestuous any
fornication between the child-parent line. The Rabbis, on the other hand,
understood that this is not the intent of the Torah and instead offer their own
source for the prohibition of marrying one’s daughter.
[23] N.A.
Stillman (ed.), “Malik al-Ramlī.” Encyclopedia of Jews in the
Islamic World
(Brill Online, 2013).
[24] For
an extensive survey of various authorities who agree or disagree with Landau’s
characterization of the prohibition cited by R. Yehuda Ha-Hassid, see Sdei
Hemed
Vol. 7 (Brooklyn: Kohath Publishing, 1950) pp. 2483ff.
[25] See
S. Guttman (ed.), Sefer Tzava’at Rabbi Yehuda HaHassid HaMefoar
(Jerusalem: Otzar HaPoskim, 2011) pp. 177–188 for an in-depth analysis of Ha-Hassid’s
stance on the topic.



The Seven Nations of Canaan

                                     THE SEVEN NATIONS OF CANAAN[1]
By Reuven Kimelman
This study deals with the war and the
seven Canaanite nations.[2] It complements my previous post on Amalek of March 13, 2014, “The Ethics of the Case of Amalek: An
Alternative Reading of the Biblical Data and the Jewish Tradition. “The popular
conception in both cases is that the Bible demands their extermination thereby
providing a precedent for genocide.[3] The popular reading of the Canaanites filters it through the prism of
Deuteronomy. The popular reading of
Amalek filters the Torah material through the prism of Saul’s battle against
Amalek in the Book of Samuel. In actuality, the biblical data is much
more ambiguous making the most destructive comments the exception not the rule as
will be evident from a systematic analysis of the Canaanite material in the
Bible as was previously done with Amalek.  
            This
post will deal with the following seven questions with regard to the nations of
Canaan:
a). What are the different biblical
approaches to the native nations of Canaan?
b). According to the Bible, what
actually happened to them?
c). What is the evidence that the
Bible is sensitive to the moral issues involved?
d). How has the Jewish tradition
removed the category of the seven nations from its ethical agenda?
e). What is the role of the
doctrine of repentance?
f). What is the relevance of the
“Sennacherib principle”?
g). How relevant is the category
“holy war”?
            With
regard to the extermination of the seven nations of Canaan,[4] sometimes called Canaanites sometimes Amorites, the biblical record is also not
of one cloth. The clarification of their status in the Bible requires a
systematic treatment of all the data book by book. 
Genesis (12:6, 15:16) is aware that the
Canaanites were in the land when Abraham arrived and would remain for
generations.  From Genesis 38 and the end
of The Book of Ruth we learn that from the progeny of Abraham’s great grandson
Judah and the Canaanite Tamar will issue King David. Also  Simeon’s son is identified as “Saul the son
of a Cannanite women” (Genesis 46:10, Exodus 6:15) without comment.
Exodus (23)’s position on the
elimination of the Canaanites (v. 23) is a gradual dispossession by God, not by
the Israelites:[5]
27 I will send forth My terror before
you, and I will throw into panic all the people among whom you come, and I will
make all your enemies turn tail before you. 28 I will send a plague ahead of
you, and it shall drive out before you the Hivites, the Canaanites, and the
Hittites.[6] 29 I will not drive them out before you in a single year, lest the land become
desolate and the wild beasts multiply to your hurt. 30 I will drive them out
before you little by little, until you have increased and possess the land.
Leviticus (18) refers to God casting out
of the nations:
24 Do not defile yourselves in any of
those ways, for it is by such that the nations that I am casting out before you
defiled themselves. 25 Thus the land became defiled; and I called it to account
for its iniquity, and the land spewed out its inhabitants.
Here there is a coordination between God
and land.  The land spews out its
inhabitants for defiling it and God expels them.  
Numbers (33) refers to the Israelites
deporting the local inhabitants:
51 Speak to the Israelite people and say
to them:
When you cross the Jordan into the land
of Canaan, 52 you shall dispossess all the inhabitants of the land; you shall
destroy all their figured objects; you shall destroy all their molten images,
and you shall demolish all their cult places. 53 And you shall take possession
of the land and settle in it, for I have assigned the land to you to possess.
It is clear that the issue here is not
ethnic but religio-cultural. The fear is that Israel will be ensnared,
especially through intermarriage, by the local moral and cultic practices
Exodus 34 emphasizes the religious
factor:
12b Beware of making a covenant with the
inhabitants of the land against which you are advancing, lest they be a snare
in your midst. 13 Rather you must tear down their altars, smash their
pillars,and cut down their sacred posts; 14 for you must not worship any other
God, because the Lord, whose name is Impassioned, is an impassioned God. 15 You
must not make a covenant with the inhabitants of the land, for they will lust
after their gods and sacrifice to their gods and invite you, and you will eat
of their sacrifices. 16 And when you take wives from among their daughters for
your sons, their daughters will lust after their gods and will cause your sons
to lust after their gods.[7]
Leviticus 18 emphasizes the moral
factor:
26 But you must keep My laws and My
rules, and you must not do any of those abhorrent things, neither the citizen
nor the stranger who resides among you; 27 for all those abhorrent things were
done by the people who were in the land before you, and the land became
defiled. 28 So let not the land spew you out for defiling it as it spewed out
the nation that came before you. 29 All who do any of those abhorrent
things—such persons shall be cut off from their people. 30 You shall keep My
charge not to engage in any of the abhorrent practices that were carried on
before you, and you shall not defile yourselves through them: I the Lord am
your God.
Numbers 33 warns Israel against
assimilating Canaanite norms lest they share their fate of expulsion. “55 But if
you do not dispossess the inhabitants of the land, those whom you allow to
remain shall be stings in your eyes and thorns in your sides, and they shall
harass you in the land in which you live; 56 so that I will do to you what I
planned to do to them.”

            The exception is Deuteronomy 7
which demands total destruction:
1 When the Lord your God brings you to
the land that you are about to enter and possess, and He dislodges many nations
before you— the Hittites, Girgashites, Amorites, Canaanites, Perizzites,
Hivites, and Jebusites, seven nations much larger than you—2and the Lord your
God delivers them to you and you defeat them, you must doom them to
destruction: grant them no terms and give them no quarter.
Even according to Deuteronomy the fear
is not of their DNA but moral assimilation, for it goes on to say:  “Lest they lead you into doing all the
abhorrent things that they have done for their gods and you stand guilty before
the Lord your God” (20:18). For Deuteronomy (12:31; 18:9-12), the abhorrent
things include child sacrifice.
Strangely, Deuteronomy continues with a
provision against intermarriage:
3 You shall not intermarry with them: do
not give your daughters to their sons or take their daughters for your sons.
4 For they will turn your children away from Me to worship other gods, and the
Lord’s anger will blaze forth against you and He will promptly wipe you out.
5 Instead, this is what you shall do to them: you shall tear down their altars,
smash their pillars, cut down their sacred posts, and consign their images to
the fire.

Apprehension about intermarriage or coming to terms with an eradicated people
is strange unless Deuteronomy is aware that its demand to doom them will not be
(or was not) implemented. And, in fact, as we shall see the evidence from
Judges 3 is that they did intermarry.
 Alternatively, ḥerem does not entail
the elimination of the Canaanites only their isolation, that is, they are to be
quarantined. This understanding follows its Semitic cognates where it means to
separate, to set aside.[8] The goal is to exclude any intercourse with them. Thus verse 5 only refers to
the elimination of their objects of worship not their persons. This opens the
possibility that “What we have is a retention of the … traditional language
of ḥerem, but a shift in the direction of its acquiring significance as
a metaphor … for religious fidelity.”[9]
 Even stranger is the description of the
confrontation with Sihon king of the Amorites. Within the context of
Deuteronomy, one would expect an outright attack when God says to Moses: “See,
I give into your power Sihon the Amorite, king of Heshbon, and his land. Begin
the occupation: engage him in battle” (2:24). Instead, what does Moses do:
26 Then I sent messengers from the
wilderness of Kedemoth to King Sihon of Heshbon with an offer of peace, as
follows, 27 “Let me pass through your country. I will keep strictly to the
highway, turning off neither to the right nor to the left. 28 What food I eat
you will supply for money, and what water I drink you will furnish for money;
just let me pass through.”
Sihon rejects the offer and attacks
Israel. They are destroyed only in the counterattack.
If there is no evidence for the
expulsion of the Canaanites, whence the position of Deuteronomy 7:1-2?
It has been speculated that Deuteronomy took “both the expulsion law of Exodus
23:20-33, directed against the inhabitants of Canaan, and the ḥerem
(total destruction) law of Exodus 22:19 (“Whoever sacrifices to a God other
than the Lord shall be proscribed), directed against the individual Israelite,
and fused them into a new law that applies ḥerem to all idolaters,
Israelites and non-Israelites alike.”[10] In other words, the ḥerem is not against Canaanites as Canaanites, but
idolaters as idolaters. Thus Deuteronomy (13:13-19) imposes the very punishment
on Israelite idolaters. The choice of the word ḥerem also promotes a
sense of quid pro quod, for, according to Numbers 14:45, the Canaanites and the
Amalekites pummeled Israel to Hormah a word which could simply designate a
place or also serve as a toponym since ad haḥormah could be
rendered “to utter destruction.”[11] The point of the paronomasia is that the Canaanites and the Amalekites got as
they gave.
In any case, except for some sources in
Joshua (6:21 and chapters 10-11) the later biblical sources follow the earlier
biblical books from Exodus to Numbers rather than Deuteronomy. Even the Joshua
material raises some questions. According to Joshua 10:33, Joshua totally
destroyed the people of Gezer. Yet Joshua 16:10 (like Judges 1:29) states: “They
failed to dispossess the Canaanites who dwelt in Gezer; so the Canaanites
remained in the midst of Ephraim, as is still the case. But they had to perform
forced labor.” In actuality, they stayed there until the reign of Solomon only
to be killed off by Pharaoh as noted in I Kings 9:16. Apparently, once the
people were defanged by having its army destroyed, they were given quarter.[12] As a subject nation they apparently present no religious threat. In fact, save
for the peculiar case of Judges 3:5, the surrounding nations, not the
Canaanites, are blamed for Israelite apostasy.[13] In fact, according to Joshua 8:29 and 10:27, the bodies of Canaanite kings hung
by Joshua were buried by nightfall just as Deuteronomy 21:23 enjoins.
Apparently, Human dignity is inalienable even for Canaanite kings.
The triumphal picture of Joshua is
undermined by the facts on the ground. For example, Joshua 11:12 gives the
impression that Joshua wiped out all the cities in the area of Hazor and burned
them to the ground. Yet the next verse says: “However, all those towns that are
still standing on their mounds were not burned down by Israel; it was Hazor
alone that Joshua burned down.” In fact, only two other cities were burned —
Jericho and Ai.
Similarly, Joshua 11:23 claims: “Thus
Joshua conquered the whole country, just as the Lord had promised Moses,”
whereas 13:1 concedes “and very much of the land still remains to be taken
possession of.” Even where Israel spread out much of the native population was
allowed to remain in their midst, as it says later in the same chapter: “the
Israelites failed to dispossess the Geshurites and the Maacathites, and Geshur
and Maacath remain among Israel to this day” (13:13). The sparing of the
Canaanite population was common. With regard to southern Israel, Joshua 15:63
says: “But the Judites could not dispossess the Jebusites, the inhabitants of
Jerusalem; so the Judites dwell with the Jebusites in Jerusalem to this day.”
With regard to central Israel, Joshua 16:10 says: “However, they failed to
dispossess the Canaanites who dwelt in Gezer; so the Canaanites remained in the
midst of Ephraim, as is still the case. But they had to perform forced labor.”
And with regard to northern Israel, Joshua 17:12-13 says: “The Manassites could
not dispossess [the inhabitants of] these towns, and the Canaanites stubbornly
remained in this region. When the Israelites became stronger, they imposed
tribute on the Canaanites; but they did not dispossess them.”
Judges 1:27-36 follows suit. It begins:
27 Manasseh did not dispossess [the
inhabitants of] Beth-shean and its dependencies, or [of] Taanach and its
dependencies, or the inhabitants of Dor and its dependencies, or the
inhabitants of Ibleam and its dependencies, or the inhabitants of Megiddo and
its dependencies. The Canaanites persisted in dwelling in this region. 28 And
when Israel gained the upper hand, they subjected the Canaanites to forced
labor; but they did not dispossess them. 29Nor did Ephraim dispossess the
Canaanites who inhabited Gezer; so the Canaanites dwelt in their midst at
Gezer…
All these sources mention the failure to
dispossess the Canaanites, despite the Israelites’ power to do so. No mention
is made of any extermination.[14] Joshua 24:13 does mention the expulsion of two kings but without resorting to
the sword and bow, a point reiterated in Psalm 44:5. Most remarkable is the
story in Judges 4. There it is told that God punished the Israelites by handing
them over to Yabin the king of Canaan and Sisera his general. In the divinely
commanded revolt against them, God promised to deliver them into the hands of
the Israelites not to wipe them out.
Joshua concedes in his farewell address
the failure of his policy. The most he can hope is that “The Lord your God
Himself will thrust them out on your account and drive them out to make way for
you” (Joshua 23:5). In the meantime, they are exhorted to be resolute not “to
intermingle with these nations that are left among you. Do not utter the names
of their gods or swear by them” (23:7). He them mentions the apprehension of
Deuteronomy of intermarriage: “For should you turn away and attach yourselves
to the remnant of those nations — to those that are left among you–and
intermarry with the you joining them and they joining you, know for certain
that the Lord your God will not continue to drive these nations out before you;
they shall become a snare and a trap for you” (23:12-13).
In fact, Judges 3 states that they did
intermarry: “The Israelites settled among the Canaanites, Hittites, Amorites,
Perizzites, Hivites, and Jebusites; they took their daughters to wife and gave
their own daughters to their sons, and they worshiped their gods” (5-6).
Intermarriage was likely a factor in the absence of biblical or extra biblical
evidence for Israel’s expulsion of the Canaanites. 
The archaeological record confirms that
Israel primarily settled in previously unoccupied territory in the central
highlands rather than rebuilt towns on destroyed Canaanite cites. In Judges 2,
they are threatened with the consequences of not dispossessing them:
1 An angel of the Lord came up from
Gilgal to Bochim and said, “I brought you up from Egypt and I took you into the
land which I had promised on oath to your fathers. And I said, ‘I will never
break My covenant with you. 2 And you, for your part, must make no covenant with
the inhabitants of this land; you must tear down their altars.’ But you have
not obeyed Me—look what you have done! 3 Therefore, I have resolved not to drive
them out before you; they shall become your oppressors, and their gods shall be
a snare to you.”
The Israelites not only did not drive out the inhabitants, they concluded
treaties with them. Their expulsion by God was contingent upon Israel’s refusal
to conclude a treaty with them. Neither took place.
Even at the height of ancient Israelite
power under the reign of Solomon there was no move to do away with them only to
subject them to forced labor, as I Kings 9 (= 2 Chronicles 8:7-8) states:
20All the people that were left of the
Amorites, Hittites, Perizzites, Hivites, and Jebusites who were not of the
Israelite stock—21those of their descendants who remained in the land and whom
the Israelites were not able to annihilate—of these Solomon made a slave force,
as is still the case.[15]
Nonetheless, Uriah the Hittite not only
marries Bathsheba but also serves as a trusted officer in David’s army.
            Psalm
106 laments the total failure of the policy. According to it, everything that
Joshua warned against, they did and more. Following Deuteronomy 12:31, it also
provides the moral basis by documenting the abhorrent behavior of the
Canaanites to their own children:
34 They did not destroy the nations as
the Lord had commanded them, 35 but mingled with the nations and learned their
ways. 36 They worshiped their idols, which became a snare for them. 37 Their own
sons and daughters they sacrificed to demons. 38 They shed innocent blood, the
blood of their sons and daughters, whom they sacrificed to the idols of Canaan;
so the land was polluted with bloodguilt. 39 Thus they became defiled by their
acts, debauched through their deeds.[16]
Verses 34-35 attest to the non
implementation of the policy of Deuteronomy 20:17-18.
            Remarkably,
the Rabbis explain the non implementation through the conversion of the
nations: 
R. Samuel bar Nahman began his discourse
with the verse: “But if you will not drive out the inhabitants
of the Land before you, then shall those that remain of them be as thorns in
your eyes and as pricks in your sides” (Numbers 33:55). The Holy One reminded
Israel: I said to you, “You shall utterly destroy them: the
Hittite and the Amorite” (Deuteronomy 20:17). But you did not do so; for “Rahab
the harlot, and her father’s household, and all that she had, did Joshua save
alive” (Joshua 6:25). Behold, Jeremiah will spring from the children’s children
of Rahab the harlot and will thrust such words into you as will be thorns in
your eyes and pricks in your sides.[17]
Irony of ironies, the thorny and prickly
issue is no longer the continuity of pagan practices but the pointed prophetic
barbs from the progeny of converts.
The tendency to blunt the impact of the
seven-nations policy of Deuteronomy is also furthered by two other comments in
rabbinic literature. The first contends that Joshua sent three missives before
embarking on the conquest of the Land of Israel. The first said: “whoever wants
to leave — may leave;” the second: “whoever wants to make peace — make
peace;” and the third: “whoever wants to make war — make war.”[18] War was only conducted against those who opted for war.[19]

That war was not waged against those who did not opt for war may be supported
by the following verse in Joshua:
When all the kings of the Amorites on
the western side of the Jordan, and all the kings of the Canaanites near the
Sea, heard how the Lord had dried up the waters of the Jordan for the sake of
the Israelites until they crossed over, they lost heart, and no spirit was left
in them because of the Israelites (5:1).
No war no killing. Similarly, Joshua 9
mentions that all six nations of Cannaan mobilized for war against Israel as
opposed to the Gibeonites who made peace with them. Even though the peace was
made under false pretenses, Joshua in chapter 10 honored his “treaty to
guarantee their lives” (9:15) by rescuing them from the attack of the five
Amorite kings. The treaty here entails security arrangements in exchange for
submission.  Also in the beginning of
chapter 11 Joshua defeats those nations that had mobilized for war against him.
None of these accounts attribute their destruction to their religious
depravity, only to their initiation of attack on Israel.[20]
The other rabbinic comment rules that by
transplanting and mingling the populations he conquered, the Assyrian king
Sennacherib dissolved the national identity of the Canaanite nations in ancient
times.[21] Accordingly, Maimonides ruled that all trace of them has vanished.[22] Harav Abraham Kook, former chief rabbi, attained the same goal by limiting the
commandment to expel the Canaanites to the generation of Joshua. He writes:
If it were an absolute duty for every
Jewish king to conquer all the seven nations, how would David have refrained
from doing so? Therefore, in my humble opinion, the original duty rested only
on Joshua and his generation. Afterwards, it was only a commandment to realize
the inheritance of the land promised to the patriarchs.[23]
Moreover, non-Canaanites captured along
with a majority of Canaanites were to be spared just as Canaanites caught with
a majority of non-Canaanites were to be spared[24] reducing possibilities of any wholesale slaughter. In fact one commentator
contends that the destruction of a city is predicated upon the unanimous
opposition to submission to the Israelites for “we cannot impose a death
penalty on them (women and children) because of the sin of their fathers and
the guilt of their husbands.”[25] Finally, the Maimonidean ruling that all war must be preceded by an overture of
peace and that only the nations of Canaan that maintained their abhorrent ways
are to be doomed reduced the possibility of any war of total destruction.[26] His position is rooted in the repeated classical rabbinic comment to the verse
“Lest they lead you into doing all the abhorrent things that they have done for
their gods and you stand guilty before the Lord your God” (20:18) — “This
teaches that if they repent they are not killed.”[27] The assumption is that the Canaanites got special attention not only because of
their geography, but also because “they were enmeshed in idolatry more than all
the nations of the world.”[28]
Similarly, The Wisdom of Solomon notes that the
Israelites did not wipe out the Canaanites “at once, but judging them gradually
You gave them space for repentance” (12:10).
The best biblical example of judging
Canaanites by their behavior and not by their genes is the case of Rahab of
Jericho. Since she acknowledged the God of Israel as “the God of heaven and
earth” (Joshua 2:12) and threw her lot in with Israel, she and her household
were not only spared but were welcomed “into the midst of Israel” (Joshua
6:25). Rabbinic tradition extended this welcome to marrying Joshua and becoming
the progenitor of priests and prophets.[29] Moreover, based on the fact that “The young men . . . went in and brought out
Rahab . . . and her brethren . . . all her kindred also” (Joshua 6:23), it was
understood that her immediate relatives, and also their relatives totaling many
hundreds were also spared.[30] The other salutary example is the Canaanite Tamar who not only trumped Judah
morally (see Genesis 38:26), but, according to the genealogy at the end of the
Book of Ruth, became the progenitress of King David. The other progenitress was
Ruth the Moabite who is linked to Tamar in Ruth 4:12. That behavior or
life-style trumps genes explains the permissibility of marrying the captured
woman in Deuteronomy 21:10. Having left her previous ways she no longer
presents a temptation of apostasy. Rabbinic tradition following suit
specifically included a Canaanite as long as she had shed her idolatrous ways.[31]
In the same vein, rabbinic tradition
held that the descendants of the Canaanite general Sisera became Torah teachers
in Jerusalem,[32] and that Abraham’s servant Eliezer was removed from the category of Canaanite
due to his loyalty to Abraham,[33] indeed, deemed his peer in piety,[34] worthy of entering Paradise alive.[35]
In the light of the biblical doctrine of
repentance (“For it is not My desire that anyone shall die—declares the Lord
God. Repent, therefore, and live!” — Ezekiel 18:32), it is hard to contemplate
an alternative. Such a doctrine does not sit well with the possibility of
irredeemable evil. A lesson that Jonah had a hard time learning. According to
The Book of Jonah, even Nineveh, the capital of the empire that brought ruin on
the lost tribes of Israel and annihilated everything in its path (see Isaiah
37:11), could avert destruction by engaging in repentance. Finally, the
evidence that the issue was all along ethical and not ethnic lies in the fact
that Abraham was prevented from taking possession of the land in his day
“because the iniquity of the Amorites was not yet complete” (Genesis 15:16),
whereas his descendants were allowed to take possession because of the
“wickedness of these nations” (Deuteronomy 9:4-5).
The midrashic tradition followed the
biblical categorization of groups through a combination of ethics and
ethnicity. With regard to repentance, the Midrash pointed out that the Torah
was given in the third month whose Zodiac symbol is twins to make the point
that were Jacob’s twin Esau to repent and convert and study Torah God would
accept him.[36] In fact, God looks forward “to  the
nations of the world repenting so that He might bring them nigh beneath His
wings.”[37] Kindness is also a criterion for inclusion; its absence a criterion for
exclusion. The Cannanite Rahab is allowed in for her act of her kindness.[38] Even Egyptians, according to Deuteronomy 23:8b-9, are accepted after
three generations apparently for having initially extended kindness to Israel.[39] The case of the Moabite Ruth is exemplary. According to Deuteronomy 23:4-5,
Moabites are not allowed into the Congregation of the Lord because of their
lack of human decency and hospitality to Israel after the Exodus. In contrast,
Ruth is accepted because of her decency and kindness to her Jewish
mother-in-law.[40] Her example led to the wholesale exemption of women from the Deuteronomic
prohibition.[41]
She in fact is a latter day Tamar. Both Tamar and Ruth are erstwhile barren
foreign widows of Israelite men who insinuate themselves into the messianic
line through linking up with prominent progenitors of David through a
combination of feminine wiles and moral rectitude.
In the same vein, Eliezer’s criterion,
according to Genesis 24:14, for incorporating a woman into Abraham’s family was
precisely kindness and hospitality to strangers. In fact, the midrash lists ten
biblical women of Egyptian, Midianite, Cannanite, Moabite, and Kenite origin
whose kindness accounts for their acceptance as converts.[42] As noted, kindness qualifies one for inclusion as its absence qualifies one for
exclusion, as the Talmud says, “Anyone who has mercy on people, is presumed to
be of our father Abraham’s seed; and anyone who does not have mercy on people,
is presumed not to be of our father Abraham’s seed.”[43]  Maimonides follows suit by defining
charitableness as “the sign of the righteous person, the seed of Abraham our
Father. Indeed if someone is cruel and does not show mercy, there are grounds
to suspect his or her lineage.”[44] Obviously, Abrahamic lineage has also an ethical DNA marker. 

            In sum, there are basically
four strategies for removing the seven-nations ruling from the post-biblical
ethical agenda and vitiating it as a precedent for contemporary practice:

1. The recognition that the mandate for their extermination was a minority
position in the Bible, significantly limited to Deuteronomy 7:1-2, and was only
thought to be partially implemented in parts of the Book of Joshua.
2. The realization that since the threat was posed by their religion and ethics
a change in them brings about a change in their status.
3. The limitation of the jurisdiction of the ruling to the conditions of
ancient Canaan at the time of Joshua.
4. The application of the “Sennacherib principle” that holds that under the
Assyrian empire conquered peoples lost their national identity.

 These four stratagems of the biblical and
post-biblical exegetical tradition mitigate if not undermind the ruling
regarding the destruction of the Canaanites. In both cases, ethics end up
trumping genealogy. This understanding helps account for the absence of any
drive to exterminate or dispossess the seven nations even when Israel was at
the height of its power under the reigns of David and Solomon. 
                                                Postscript
According to John Yoder’s When War Is Unjust, holy wars differ from just
wars in the following five respects:
1. holy wars are validated by a
transcendent cause;
2. the cause is known by revelation;
3. the adversary has no rights;   
4. the criterion of last resort need not
apply;
5. it need not be “winnable.”[45]
This study illustrates how the antidotes
to 3-5 were woven into the ethical fabric of the biblical wars of destruction.
In most cases the resort to war even against the Canaanites was only pursuant
to overtures of peace or in counterattack, and even the chances of success
against Midian were weighed by the Urim and Tumim. It is therefore not
surprising that the expression “holy war” is absent not only from the Bible but
also from the subsequent Jewish ethical and military lexicon.[46]
[1] For a survey of
alternative ways of dealing with the history of the problem outside of Jewish
exegesis, see Ed Noort, “War in the Book of Joshua: History or Theology,”
Deuterocanonical and Cognate Literature Yearbook: Visions of Peace and Tales of
War
(Berlin: Walter de Gruyter, 2010), pp. 69-86, at 72-76. For an
assemblage of material on ḥerem, see P. D. Stern, The Biblical
Herem: A Window on Israel’s Religious Experience
, Brown Judaic Studies 211;
Atlanta: Scholars Press, 1991.
[2] For the whole
subject of  war in the Bible, see Charles
Trimm, “Recent Research on Warfare in the Old Testament,” Currents in
Biblical Research 10 (2012), pp. 171-216.
[3] On the practice
of genocide in antiquity, see Louis Feldman, “Remember Amalek!”: Vengeance,
Zealotry, and Group Destruction in the Bible according to Philo, Pseudo-Philo,
and Josephus
, (Cincinnati: Hebrew Union College Press, 2004), pp. 2-6.
[4] Sources differ
on the number. For seven, see Deuteronomy 7:1, Joshua 3:10, 24:11. For six, see
Exodus 3:8, 17; 23:23, 33:2, etc. For five, see Exodus 13:5, 1 Kings 9:20, 2
Chronicles 8:7. For three, see Exodus 23:28. The most comprehensive list is
Genesis 15:19-20 with ten.
[5] The Septuagint
and PseudoJonathan have, in Exodus 33:2, the angel expelling
them.
[6] This is
apparently behind the historical recollection of Psalm 4:2.
[7] See 23:32, 33:2.
[8] See Baruch
Levine, Numbers 1-20 (AB 4a) (New York: Doubleday, 1993), p. 446f.,with
Leviticus 27:28, and Ezekiel 44:29.
[9]  R. W. L.
Moberly, “Toward an Interpretation of the Shema,” ed. Christopher Seitz and
Kathryn Greene-McCreight, Theological Exegesis: Essays in Honor of Brevard
S. Childs
(Grand Rapids, MI: W.B. Eerdmans, 1999), pp. 124-144, at 136. For
an expansion of this metaphor thesis, see Nathan MacDonald, Deuteronomy and
the Meaning of “Monotheism
”, (Tübingen: Mohr Siebeck, 2003), pp. 108-123.
[10] Jacob Milgrom, Numbers,
The JPS Torah Commentary (Philadelphia: Jewish Publication Society,
1990), p. 429; see idem, Leviticus (AB 3) ( New York: Doubleday,
1991-2001) 3:2419. Alternatively, see Ziony Zevit, “The Search for Violence in
Israelite Culture and in the Bible,”
eds.
David Bernat and Jonathen Klawans, Religion and Violence: The Biblical
Heritage
(Sheffield Phoenix Press, 2007), pp. 16-37, at 25, and 31.
[11] Baruch Levine, Numbers
1-20
(AB 4a) (New York: Doubleday, 1993), p. 372; see Targum Jonathan,
ad loc. Similarly, the last word of Numbers 21:3 can be rendered as Hormah or
“Destruction;” see Milgrom, ibid., Numbers, pp.172, 456-48. According to
Judges1:17, Hormah was destroyed later; see Tigay, Deuteronomy, p. 348,
n. 121.
[12] See Yehezkel
Kaufmann, Sefer Yehoshua (Jerusalem: Kiryat Sefer,1959), pp. 146-47.
[13] See Yehezkel
Kaufmann, The Religion of Israel: From Its Beginnings to the Babylonian
Exile
(New York: Schocken,1960), p. 248. With regard to Judges 3:5-6, see
ibid., n. 4.
14] Judges 11:23,
Psalm 44:3, 80:8b, 2 Chronicles 20:7, Fourth Ezra 1:21, and
The Testament
of Moses 12:8 mention only dispossession.
[15] For the presence
of Canaanites in King David’s administration, see the chapter “King David’s
Scribe and High Officialdom of the United Monarchy of Israel,” in Benjamin
Mazar, The Early Biblical Period: Historical Studies, eds. Shmuel Aḥituv
and Baruch A. Levine, Jerusalem: Israel Exploration Society, 1986.
[16] The prophetic
harangue against Canaanite practices focused on their abhorrent behavior to
their children; see Isaiah 57:5; Jeremiah 
2:23; 3:24; 7:31-32; 19:5-6, 11; 32:35; Ezekiel 16:20-21; 20:25-26,
30-31; 23:36-39. According to Deuteronomy (12:31; 18:9-12) such practices
include child sacrifice. The Wisdom of Solomon
(12:5-6) extends this to slaughtering children and feasting on human flesh and
blood.
[17] Pesiqta de-Rav
Kahana

13.5, ed. Mandelbaum, 1:228f.
[18] Leviticus Rabbah 17.6; see Deuteronomy
Rabbah 5.13-14; P. T. Sheviit 6.1, 36c; and
Maimonides, “Laws of Kings and Their Wars,” 6.5. According to the midrash, the
Girgashites took up Joshua’s offer and settled in Africa. Accordingly, there is
no mention of their defeat in the conquest narratives of Joshua 6-12, albeit
they are listed in Joshua 24:11 among the seven nations handed over to Joshua.
[19] See Sifrei
Deuteronomy 200, ed. Finkelstein, p. 237, l. 10. This refers to the
thirty-one kings of Canaan whose defeat is narrated in Joshua 12
[20] See Lawson
Stone, “Ethical and Apologetic Tendencies in the Redaction of the Book of
Joshua,” CBQ 53 (1991), pp. 25-36.
[21] See M. Yadayim
4:4, T. Yadayim 2:17 (ed. Zuckermandel, p. 683), T. Qiddushin
5:4 B. T. Berakhot 28a, B. T. Yoma 54a, with Oṣar HaPosqim,
Even HaEzer 4.
[22] Mishneh Torah,
“Laws of Kings and Their Wars,” 5.4; “Laws of Prohibited Relations,” 12.25. See
idem, The Book of Commandments #187: “They
[Amalek(?) and the seven nations] were finished off and destroyed in the days
of David. Those that survived were dispersed and assimilated into the nations
so that no root of them remained.”
[23] Abraham Kook, Tov
Ro’i
(Jerusalem 5760), p. 22.
[24] See Sifrei
Deuteronomy 200, ed. Finkelstein, p. 237, with n. 10; and Joseph Babad, Minḥat
Ḥinukh
to Sefer Ha-Ḥinukh, mitzvah #527,
[25] Yaakov Zvi
Mecklenburg, HaKtav VeHaKabbalah (New
York: Om Publishing Co., 1946), p. 52a, to Deuteronomy 20:16.
[26] “Laws of Kings
and Their Wars,” 6.1,4; see Leḥem Mishnah ad loc.; and Shlomoh
Goren, Meishiv Milḥamah, 3 vols. (Jerusalem: Ha-idrah Rabbah,
1986), 3:361-366.
[27] Sifrei Deuteronomy
202, T. Sotah  8:7, B. T.
Sotah 35b with Tosafot, s.v., lerabot
[28] See Sifrei
Deuteronomy 60, ed. Finkelstein, p. 125, lines 11-12, with n. 12.
[29]See Sifrei Numbers 78, ed. Horovitz,
p. 74; Sifrei Zutta, ed. Horovitz, p. 263; Midrash Ruth
Rabbah 2.1; Pesikta DeRav Kahana 13. 5, 12,
ed. Mandelbaum, 1:228, 237; and Yalqut Shimoni, Joshua 9, Nevi’im
Rishonim
, ed. Heyman-Shiloni (Jerusalem: Mossad Harav Kook, 1999), p. 16f.,
n. 4f.,  along with Michael Fishbane, The
JPS Bible Commentary Haftarot
(Philadelphia: The Jewish Publication
Society, 2002), p. 232, n. 11; p. 482, n. 11.
[30] See Ruth
Rabbah
2:1 and parallels.
[31] Sifrei Deuteronomy
211; see B. T. Sotah 35b and Tosafot, s.v. lerabot.
[32] B. T. Gittin
57b, B. T. Sanhedrin 96b, Midrash Psalms
1.18.  Sennacherib got a similar
comeuppance (ibid.), while the Moabite king Balak became the progenitor of
Ruth; see B. T. Sotah 47a with parallels.
[33] See Genesis
Rabbah 60.7, p. 647; and Leviticus Rabbah 17.5, p. 383.
[34] Beit HaMidrash,
ed. Jellinek, 6:79.
[35] Derekh Erets Zutta
1.18, ed. Sperber, p. 20.
[36] Pesikta DeRav
Kahana 12.20, ed. Mandelbaum, 1:218.
[37] Song Rabbah
5.16.5, and Numbers Rabbah 1.10 (middle).
[38] See Joshua 2:2
with Pesikta DeRav Kahana 13.4, ed. Mandelbaum,
1:227.
[39] See Rashi ad
loc., and Philo, On the Virtues, 106-108.
[40] See Ruth
2:11-12, 3:10. R. Zeira (Ruth Rabbah 2:14) attributes the
composition of The Book of Ruth to its acts of kindness.
[41] B. T. Yevamot
77a; See M. Yevamot 9:3; Sifrei Deuteronomy 249,
ed. Finkelstein, p. 277, and parallels.
[42] See Yalqut
Shimoni, Joshua 9, Nevi’im Rishonim, ed. Heyman-Shiloni (Jerusalem:
Mossad Harav Kook, 1999), p. 17, line 15.
[43] B. T. Beṣah
32b.
[44] Mishneh Torah, “Gifts to the
Needy,” 10:1-2.
[45] John Howard
Yoder, When War Is Unjust: Being Honest in Just-war thinking
(Minneapolis: Ausburg Pub. House, 1984), p. 26f.
[46] This point is
even conceded by Reuven Firestone in the Preface to his book titled Holy
War in Judaism, New York: Oxford University Press, 2012.
The biblical “wars of God” (Numbers 21:14; I Samuel 17:47, 18:17, 25:28) are
simply battles fought by the people of God. Although Maimonides (“Laws of Kings
and Their Wars,” 4:10) does take them as wars fought for God in the sense that
they are fought to promote God’s unity or to sanctify the Name, he does not
categorize them as commanded wars; see Gerald Blidstein, “Holy War in Maimonidean
Law,” in Perspectives on Maimonides: Philosophical and
Historical Issues, ed. Joel Kraemer (The Littman Library of
Jewish Civilization, 1991), pp. 209-220, esp. 220, n. 33. Nonetheless, there is
no case in the Bible of a war for spreading the Israelite religion to
foreigners or compelling then to accept it nor is there an example of wars of
conquest being dubbed holy even when booty is dedicated to God. For the
insinuation of “holy war” into Protestant, primarily German, biblical
scholarship based on the model of the Islamic Jihad, see Ben
Ollenburger’s Introduction to Gerhard von Rad, Holy War in Ancient Israel
(Grand Rapids, MI: William B. Eerdman’s Publishing Company, 1991), pp. 1-33;
and John Wood, Perspectives on War in the Bible (Macon, GA: Mercer
University Press, 1998), p. 16 with note. 



Maccabean Psalms? (and more)

Maccabean Psalms? (and more)
By Marc B. Shapiro
(This post was originally part of the previous one, but since I know people don’t like reading posts more than twenty pages long, I split it up into two parts.)
1. I know that every year around Christmas time some people read my article on Torah study on Christmas eve. At the end of the article I raise the possibility that the various Nittel practices were actually based on non-Jewish superstitions. My suspicion was proven beyond any doubt in a wonderful article by Rebecca Scharbach, “The Ghost in the Privy: On the Origins of Nittel Nacht and Modes of Cultural Exchange.”[1] I recommend that everyone add this article to their “holiday reading”. (Due to reasons beyond my control, this post was not able to appear, as planned, before Christmas.)
As for our own holiday of Hanukkah, let me share something that I think people will find interesting. When it comes to the dating of various Psalms, for those in the Modern Orthodox/Religious Zionist world there don’t appear to be any dogmatic issues involved, much like there are no dogmatic issues raised if one assumes that the prophecies beginning in Isaiah chapter 40 come from a later prophet than those in the first part of the book.[2] Nevertheless, I think people generally assume that traditionalists will not speak about “Maccabean Psalms”. (Truth be told, I don’t know if there are even any academic scholars that still identify some of the Psalms as belonging to the Maccabean period.)
See S.’s post here where he notes that Philip Birnbaum, in his siddur, seems to allude to a psalm as having been written in the Maccabean period. However, S. also quotes R. Samson Raphael Hirsch as stating that Orthodox Judaism rejects the notion of “Pseudo-Isaiah”, and of “Maccabean songs under the name of David.” On the other hand, R. Solomon Judah Rapoport believed that at least one psalm (and perhaps more) were written during the Maccabean period. He identified other psalms as dating from the Second Temple period and defended the religious legitimacy of this view. “If the sages of the Talmud advanced the date of a number of Psalms from the time of David to that of Ezra, a period of more than five hundred years, we must have no scruples in advancing them another two hundred years.”[3] R. Samuel Barukh Rabinkow also felt that “the religious value of any of the Psalms is independent of the time of its composition or any historical consideration or reflection.”[4]
I found a very interesting passage by R. Abraham Saba in his Tzeror ha-Mor.[5] He appears to be saying that Psalm 30, which we recite every day (and which many recite after Hanukkah morning tefillah and after lighting the Hanukkah candles) was written when the Temple was rededicated by the Hasmoneans.
אני סבור כי מזמור שיר חנוכת הבית לדוד נתקן על חנוכת הבית של חשמונאי . . . ולכן נעש’ נס בשמן והדליקו ממנה שמנה ימים ועל זה סדר מזמור שיר חנוכת הבית
R. Saba continues by explaining the various verses in line with this conception. Now I realize that one can argue that what he means is that David prophetically wrote the psalm with the Hasmonean rededication in mind, and this interpretation is actually stated by R. Abraham the son of the Vilna Gaon.[6]
מזמור שיר חנוכת הבית לדוד: עשה המזמור הזה לשיר אותו בחנוכת הבית העתידה להיות בימי החשמונאים
Yet such an approach this does not appear to fit with the words of R. Saba:
נתקן על חנוכת הבית של חשמונאי
In his “translation” of this passage Eliyahu Munk writes: “I am convinced that David, in his holy spirit, foresaw such a period and dedicated Psalm 30, 1-13 to that period, therefore commencing with מזמור שיר חנוכת הבית לדוד ‘a song for the consecration of the House,’ the ‘house’ being the reconsecration of the Temple after the Hasmoneans’ victory.”[7] Yet all readers can see that in the original R. Saba does not mention David or his holy spirit.
R. Joseph Hayyim[8] believes that Psalm 30 as a whole was written by David, and he says it is possible that David also wrote the first verse. But he also says that it is possible that the first verse, which speaks of dedication of the Temple, was added to the psalm during the Maccabean period.
אפשר לומר לעולם דוד הע”ה לא אמר פסוק זה של חנוכת הבית, אלא גם הוא התחיל מן ארוממך, ופסוק זה בזמן בית שני כשעשה הקב”ה להם נסים וניצולו וחנכו הבית והמזבח מחדש הוסיפו על מזמור זה פסוק זה מפני שראו דכל דברי המזמור שייכים גם לעניינם.
He adds that this notion should not trouble anyone, as we know that according to one opinion in the Talmud the last eight verses of the Torah were added by Joshua, and he also notes that there were a couple of verses in the book of Joshua that were added after Joshua’s death. In other words, minor additions to abook after the death of the author are not religiously problematic.
Nevertheless, R. Meir Mazuz is indeed troubled by what R. Joseph Hayyim wrote.[9] He claims that the verses added to biblical books noted by R. Joseph Hayyim were added by prophets.[10] Yet in the case of Psalm 30, R. Joseph Hayyim is suggesting that an addition took place during Second Temple times after prophecy had already ceased and there was no longer the institution of anshei keneset ha-gedolah. According to R. Mazuz this is indeed religiously problematic. One can reply to R. Mazuz that while prophecy might have ceased, ruah ha-kodesh did not,[11] and therefore it was permissible for verses to be added to the book of Psalms even in the Maccabean period. After all, a standard view among rishonim is that the book of Psalms is not the product of prophecy but of ruah ha-kodesh.[12]
R. Mazuz adds a second reason why he cannot accept what R. Joseph Hayyim writes. He claims that R. Joseph Hayyim’s position will give support to the modern biblical scholars who believe that verses in the book of Daniel were added in the Maccabean period, a position he also finds religiously objectionable. I don’t understand this objection as the modern biblical scholars do not need, and do not look for, support from traditional commentators. They are completely oblivious to what rabbis like R. Joseph Hayyim have to say on these matters, and have no reason to cite his view as a support for their own position.R. Moses Isaac Ashkenazi discusses the authorship of Psalms in the introduction to his Ho’il Moshe on Tehillim (Livorno, 1880). Although he has his doubts, he says that one who assumes that Psalm 44 was composed during the Maccabean period “has what to rely on.”

So much for Maccabean psalms, but what about post-Davidic psalms in general? R. Ashkenazi identifies Psalms 79 and 137 as having been written during the Babylonian Exile. He also thinks that Psalms 126 and 129 might have been written then. He is led to his view because he can find no evidence that David was a prophet. While David had ruah ha-kodesh, it is only prophecy that reveals future events, and thus the psalms that reflect a post-First Temple era must indeed have been written centuries after David. 

ואין להניח שמזמורים כאלה נכתבו בנבואה, שלא מצאנו בשום מקום שדוד היה נביא ה’, כלומר שה’ דבר עמו כמו שדבר עם שלמה בנו רק שלח אליו נביאיו נתן וגד, אולי מפני ששפך דם הרבה, רק רוח ה’ לבשתהו תמיד כשבא לחבר מזמוריו

As with R. Ashkenazi, his predecessor R. Eleazar ben Samuel Shmelke claims that Psalms 79 and 137 were composed after the destruction of the First Temple. He states that this was also Ibn Ezra’s opinion.[13] In Ibn Ezra’s introduction to Tehillim (which is not found in all mikraot gedolot editions) Ibn Ezra states that “others” held that Psalm 137 and a number of other psalms were written during the Babylonian Exile, yet he does not signal his acceptance of this view.

One of those Ibn Ezra had in mind who held that some psalms were written during the Babylonian Exile was R. Moses Ibn Gikatilla.[14] R. Raphael Berdugo also states that a number of psalms, including Psalm 137, were composed during the Babylonian Exile.[15]
In addition, Malbim, introduction to Tehillim, states that some Psalms were written during the Exile:
התפלות אשר יסדו בגלות בבל על שרפת המקדש ועל הגלות, עד שוב ה’ את שיבת ציון בימי כורש.
He refers in particular to Psalm 137 and also Psalm 85. After saying this, however, he has a footnote in which he states that what he just mentioned is only on the level of peshat, but that he really believes that these psalms were written prophetically in the days of David. I ask readers to examine the text and footnote, and tell me, does anyone think that Malbim is being frank in his comments in the note?

It appears to me that what he writes in the note does not reflect his actual view, which is indeed found in the text. The note is only apologetic, and designed to protect him from being attacked by those who would see his approach as heretical. He would therefore be able to say, “But look at what I wrote in the note.”
According to Rashbam, Commentary to Pesahim 117a s.v. Yehoshua, R. Yose ha-Gelili was of the opinion that the Hallel in Psalms (Ps. 113-118) originated with Mordechai and Esther, i.e., in the Persian period.[16]
In Rashbam’s commentary to Tehillim (which we can expect ArtScroll to censor if it ever publishes it), he points to psalms which were composed during the Babylonian Exile and also states that other psalms were written after Ezra’s return to Jerusalem. For example, Psalm 122:3 states: “Our feet are standing within thy gates, O Jerusalem. Jerusalem, that art builded as a city that is compact together.” According to Rashbam, these references to Jerusalem must date from after the return from exile.[17]
2. Here is a provocative passage quoted in the name of the hasidic master R. Uri of Strelisk (1757-1826).[18] Would any hasidic leader speak this way today?
והרה”ק מסטרעטן זצ”ל אמר משמו עה”פ שומר נפשות חסידיו מיד רשעים יצילם, שאמר: לפני ביאת המשיח יהיו רבי”ס רשעים גמורים ר”ל, אבל הן החסידים הם בתמימותם סוברים שרבם הוא עובד ה’ ולכן נוסעים אליו, לזאת התפלל דהמע”ה שומר נפשות חסידיו כי השי”ת ישמור את החסידים ומיד רשעים יצילם שלא שלא יכשלו ח”ו ברבי”ס כאלו
His comment was only applicable to the phony rebbes. But for an authentic rebbe it is worth travelling great distances and missing out on Torah and tefillah just to hear one bit of wisdom.[19]
אמר שיש ליסע לצדיק אמת אפילו אלפיים פרסאות ולבטל בהליכתו ובחזירתו מתורה ותפלה והכל כדי דיבור אחד של אמת אשר ישמע מפי צדיק אמת
3. Every year there is discussion about the moment of silence in Israel in memory of the soldiers and Holocaust victims, and we always hear about how this is not a Jewish thing to do. Here is a page from R. Ovadyah Hadaya’s Yaskil Avdi, vol. 6, p. 300 (hashmatot Yoreh Deah 2:2).

He regards the moment of silence as entirely appropriate, seeing it as similar to the silence in a house of mourning which shows acceptance of God’s decree.
See also my post here where I wrote that in November 1965 R. Jehiel Jacob Weinberg gave a hesped for four recently deceased rabbis, among them R. Yerucham Warhaftig and R. Eliezer Yehudah Finkel. These latter two were good friends of R. Weinberg, and R. Weinberg’s friendship with R. Finkel went back to their youth. After the eulogy R. Weinberg asked everyone in the room to stand up. They stood silently for around ten seconds and then he asked them to sit down.
In this post I wrote: “I presume this was intended as a show of respect rather than as a moment of silence, since the latter could be done sitting down.” I now think that my statement is probably incorrect, because a moment of silence is also intended as a show of respect, i.e., the two are not in contradiction. In thinking of the story now, it appears that R. Weinberg’s request to stand in silence is really no different than what takes place in Israel.
4. A haredi biography on R. Isaac Blazer has recently appeared. Here is its title page.

 

Needless to say, R. Jehiel Jacob Weinberg is quoted a good deal in the book. Here is page 410 which contains a picture of R. Weinberg.

 

The book does not mention that this picture first appeared on the Seforim Blog; see my post here.
In the quotations from R. Weinberg, the book has no problem making “improvements”. For example, R. Weinberg sometimes refers to R. Isaac Blazer as רי”ב, and the new book has altered this to הגרי”ב. R. Weinberg certainly regarded R. Blazer as a gaon, and he sometimes does refer to him as הגרי”ב. However, he did not feel that it was necessary to always refer to R. Blazer this way. The author of the book therefore decided to “correct” what R. Weinberg wrote. I guess this author (who is unnamed) did not think that R. Weinberg showed proper kavod to R. Blazer, which itself is a crazy thought.
Speaking of R. Weinberg and kavod, I think readers will find the following interesting. R. Weinberg stated: “We are all human. I too like kavod. I try not to chase after it, but if it is put on my plate, I will take it.”[20] How many other great rabbis would be honest enough to admit that they are not at the level of the Hafetz Hayyim and R. Elijah David Rabinowitz-Teomim,[21] and that they too like kavod? What R. Weinberg was saying is that this is normal and nothing to be ashamed of, and that for “mere mortals” what is important is not to chase after kavod.5. In my post here. I discussed Haym Soloveitchik’s newly published volume 2 of his collected essays. I neglected to mention that on pp. 285-287 he deals with R. Yitzchak Grossman’s criticism of one of his essays, criticism that appeared on the Seforim Blog here here. Soloveitchik shows his scholarly honesty in that he is prepared to acknowledge that in two of his criticisms Grossman is correct. He also responds to another criticism of Grossman, and I ask people to read what Soloveitchik says very carefully. It was precisely this sort of interpretation, now standard in the academy, that R. Samson Raphael Hirsch was so opposed to. You can be sure that if these words were stated by R. Dov Linzer or R. Ysoscher Katz, that a certain author, on a certain website, would go after them for “undermining the mesorah”.

Ben sorer u-moreh, according to the setam mishnah, nidon al shem sofo. This runs contrary to every principle in Jewish law and, indeed, in most Gentile law. People are executed for crimes that they have committed, not for crimes that they might commit–preventive detention for the criminally inclined perhaps, but preventive execution?! If I find tanna’im attempting to make the implementation of this law impossible, does it strain the imagination to think that they did so because it contradicts their elementary sense of right and wrong? I, for one, think not.

Rabbi Grossman argues that we find a similar ruling about nig’ei battim and there is no ethical problem in this realm. Indeed, there isn’t; however, no one claimed that all instances of “never was and never will be” (lo hayah ve-lo nivra) are a result of ethical issues. Only those in which we find this type of problem, such as ben sorer u-moreh and, to add to the roster, the “apostate city” (ir ha-niddahat) as R. Eliezer Berkovits has contended (as noted by R. Grossman). . . . An exegesis that makes execution of a law more difficult may be simply a matter of interpretation; an exegesis that makes execution impossible has that in mind to begin with. One plausible reason that one might have sought to render a Divine directive inoperable is that such a dictate appeared inconceivable for a just God.

6. I want to call readers attention to the recently published Kovetz ha-Mashbir, vol. 1, edited by Yissachar Dov Hoffman and Ovadyah Hoffman. This volume is devoted to the writings and teachings of R. Ovadiah Yosef and is full of valuable articles. It can be purchased at Biegeleisen.


 

[1] Jewish Studies Quarterly 20 (2013), pp. 340-373.
[2] The point about Second-Isaiah has recently been made by R. Amnon Bazak, Ad ha-Yom ha-Zeh: She’elot Yesod be-Limud Tanakh (Tel Aviv, 2013), pp. 161-172. There is a good deal that can be said about this book, which deals with a number of themes we have discussed in previous posts. See e.g., p. 274 n. 60, which accepts the notion that sometimes the numbers given in the prophetic books are only symbolic and don’t reflect historical reality.
[3] Quoted in Isaac Barzilay, Shlomo Yehudah Rapoport (Shir), 1790-1867, and his Contemporaries ([Israel], 1969), p. 54.
[4] See Fritz Gumpertz’s recollections in Jacob J. Schacter, ed., “Reminiscences of Shlomo Barukh Rabinkow,” in Leo Jung, ed., Sages and Saints (Hoboken, N.J., 1987), p. 110. Gumpertz, ibid., also notes that Jacob Barth dated a number of psalms to the Second Temple period.
[5] Parashat Noah, p. 13a in the Venice, 1522 edition, and p. 13a in the Warsaw 1879, edition.
[6] Tehillim: Be’er Avraham (Warsaw, 1887), Psalm 30:1.
[7] Tzror Hamor, vol. 1 (Jerusalem, 2008), p. 156.
[8] Rav Pealim, vol. 3, Orah Hayyim no. 5.
[9] See his Emet Keneh on Psalm 30:1 (p. 513), and his recently published Asaf ha-Mazkir (Bnei Brak, 2014), p. 283. (My thanks to Dov Weinstein for kindly sending me a copy of Asaf ha-Mazkir.)
[10] I have discussed the matter of later prophets adding material to the Torah and other biblical books in a number of posts. This is the phenomenon of multiple authors for one book. What do readers make of the following example, which appears to be an example of attributing one verse to more than one prophet? The Av ha-Rahamim prayer states ועל ידי עבדיך הנביאים כתוב לאמור (“your servants the prophets) and then proceeds to only cite a verse from the book of Joel. Does this make any sense? Jacob Reifman did not think so and he actually found a manuscript that had עבדך הנביא. He claimed that  this must be the authentic text and the one that printers should now use when they publish siddurim. See Ha-Magid, Jan. 23, 1861, pp. 14-15, Feb. 12, 1862, p. 55. Yet we also find in the liturgy for a ta’anit dibur that the words עבדיך הנביאים are used and this is followed by three verses from the book of Micah ch. 7. In other words, הנביאים is again used with regard to only one prophet. See this page from Seder ha-Selihot ha-Shalem Ateret Paz, p. 103 (second pagination).

When the phrase עבדיך הנביאים כתוב לאמר is used in the mussaf of Rosh ha-Shanah, in both the silent amidah and the repetition (two times in each), it is followed by citations from different biblical books.
[11] Although Yoma 9b (and parallels) states that ruah ha-kodesh ceased after the days of Haggai, Zechariah, and Malachi, it was always assumed that there were exceptions to this general statement (and some believed that when the Talmud stated “ruah ha-kodesh” it actually meant real nevuah). Also, the Talmud itself, ibid., states that even without ruah ha-kodesh people still had access to a “bat kol”. See R. Reuven Margaliyot’s introduction to his edition of She’elot u-Teshuvot min ha-Shamayim, pp. 25ff. See also R. Meir Ibn Gabai, Avodat ha-Kodesh, vol. 4, ch. 24; R. Isaac Sternhell, Kokhvei Yitzhak, vol. 2, p. 186; R. Aaron Maged, Beit Aharon, vol. 11, pp. 704-705. R. Joseph Engel, Gilyonei ha-Shas, Yerushalmi Shevi’it, 9:1, writes: צ”ל דתרי גווני רוח הקודש הם
[12] See Maimonides, Guide of the Perplexed 2:45, R. David Kimhi, introduction to his commentary on Psalms, Ritva, commentary to Rosh ha-Shanah 32a (col. 296 in the Mossad ha-Rav Kook edition) commentary to Moed Katan 16b, R. David Abudarham, Abudarham ha-Shalem (Jerusalem, 1963), p. 272. See also Meiri’s introduction to his commentary on Psalms, p. 9:
זהו דעת הקדומים בענין דוד המלך ע”ה ר”ל שלא להיות בכלל הנביאים [אבל] ברוח הקדש
[13] Ma’aseh Rokeah (Amsterdam, 1730), p. 65a. See his Ma’aseh Rokeah al ha-Torah (n.p., n.d.), parashat Va-Yehi, where he does not attribute this view to Ibn Ezra. See also Aharon Marcus, Barzilai (Jerusalem, 1983), pp. 271-272.
[14] See Uriel Simon, Four Approaches to the Book of Psalms, trans. Lenn. J. Schramm (Albany, 1991), pp. viii, ix, 120-121, 130ff.
[15] See Mesamhei Lev (Jerusalem, 1990), pp. 141, 222 (both of these page numbers are from the second pagination).
[16] See Yisrael Moshe Ta-Shma, Keneset Mehkarim (Jerusalem, 2004), vol. 1, pp. 286-287.
[17] See the selections of the commentary printed in Aharon Mondshine, “Al Gilui ha-Perush ha-‘Avud’ shel Rashbam le-Sefer Tehillim,” Tarbiz 79 (2010-2011), pp. 130, 133.
[18] Imrei Kadosh ha-Shalem (Jerusalem, 1961), Or Olam, no. 11.
[19] Imrei Kadosh ha-Shalem, no. 42. Regarding phony rebbes, see R. Pinhas Miller, Olamo shel Abba (Jerusalem, 1984), p. 245, regarding a rebbe in Bucharest who drank non-kosher wine.
[20] Hidushei Ba’al Seridei Esh (Jerusalem, 2012), vol. 3, p. 28 n. 21.
[21] See R. Kook, Eder ha-Yekar, p. 64.



עד היום הזה, הרב אמנון בזק, הוצאת ידיעות ספרים

עד היום הזה, הרב אמנון בזק, הוצאת ידיעות ספרים מאת: רב צעיר
 
הרב אמנון בזק עשה חסד עם לומדי וחובבי תנ”ך רבים בהוציאו לאור את ספרו “עד היום הזה”. הספר מרכז את שאלות היסוד שלומדי התנ”ך נפגשים בהם, שאלות שהעיסוק בהם בבית המדרש הינו דל יחסית, ודווקא במסדרונות האקדמיה רבתה העיסוק בהן. כך מתאר המחבר את החשיבות שבעיסוק בשאלות אלו: “בשנים האחרונות אני נתקל באופן אישי במצוקתם של יותר ויותר בוגרים ובוגרות של מערכת החינוך הדתית, בעיקר כאלו שהגיעו ללמוד במוסדות אקדמיים ואגב כך נחשפו גם למחקר המקרא. חשיפה זו מעוררת אצלם לעתים שאלות שהם חשים שאין להן מענה, ולעתים אף תדהמה וזעזוע מהקעקוע של כל צורת החשיבה שעליה גדלו.”
הספר מחולק לשלושה שערים:
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“בין מסורת לביקורת” – בשער זה דן המחבר בזמן חיבור התורה וספרי הנ”ך, בכפילויות של סיפורי התורה ובסתירות בין סיפורי ומצוות התורה.
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“ארכיאולוגיה וספרות המזרח הקדום” – שער זה מחולק לשני פרקים ארוכים יחסית. חלקו הראשון עוסק בערעורים ובתימוכים שניתן למצוא בעולם הארכיאולוגיה למסופר במקרא. חלקו השני מתייחס לקבצי חוקים שונים שנמצאו מתקופת המקרא, כדוגמת חוקי חמורבי, ובהשפעתם על הבנת מצוות התורה.
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“בין פשט לדרש” – שער זה עוסק ביחס בין פשוטו של מקרא למדרשי אגדה ומדרשי הלכה וכן לנושא הפולמוס המכונה (למורת רוחו של המחבר) “תנ”ך בגובה העיניים”.
ללא ספק יש ברכה רבה בניסיון להתמודד בתוך בית המדרש עם השאלות הקשות שעלו כתוצאה מהמחקר האקדמי, הן מפאת העמדת דברים על דיוקם והן מפאת הצלת נפשם של תועים. ככלל, הספר הינו חובה לכל מי שלימוד התנ”ך והנושאים סביב לימוד התנ”ך מעסיקים אותו. ככזה, הספר הינו דבר מתוקן שהוציא מתחת ידיו חבר, תלמיד ור”מ בבית מדרש שחרטה על דגלה את החזרה ללימוד המוגבר של תנ”ך, ושהוביל למהפכה בכל הקשור ללימוד ולעיסוק בתנ”ך התרחש בדור האחרון.
דיון והערות לספר:
שני הפרקים הראשונים בספר עוסקים בשאלה מי חיבר את התורה. אמנם כל ילד מכיר את העיקר השמיני מתוך י”ג העיקרים לרמב”ם הקובע כי התורה כולה מן השמים, אך בכדי לקבל אמונה זו יש להתמודד עם השאלות העולות כנגדה. זאת המשימה שלקח על עצמו הרב אמנון בזק בשני הפרקים הללו. כאמור, את העיסוק בשאלת מחבר התורה ותקופת חיבורה חילק הרב בזק לשני פרקים. הפרק הראשון עוסק ב”יצירת התורה על פי המקרא ומסורת ישראל” והפרק השני עוסק ב”פסוקים מאוחרים בתורה: התופעה והשלכותיה”. את הפרק הראשון פותח המחבר בסקירה מקיפה של מה ניתן ללמוד מהמקרא עצמו על חיבור התורה. בספרי הנביאים הראשונים הייחוס היחיד לתורה הוא למצוות בספר דברים המצוינים מספר פעמים כמופיעים ב”תורת משה”. הפעם הראשונה במקרא בו מופיע אזכור מפורש לתורה שאינו רק לספר דברים הינו בנחמיה, בציווי לחוג את חג הסוכות כפי המופיע בספר ויקרא.
כל זה עומד לכאורה בסתירה, או לכל הפחות כקושי מסוים למסורת חז”ל שהתורה כולה, על חמשת חומשיה, נמסרה לבני ישראל בטרם מותו של משה. הרב בזק איננו מקהה את העוקץ של הקושי הזה, אלא בזה שהוא טוען שניתן לראות דמיון סגנוני בין סיפורים מסוימים בנביאים הראשונים לסיפורי התורה. לדוגמא (עמ’ 32):
“ישנה הקבלה נרחבת בין סיפור נישואי דוד ומיכל לבין סיפור נישואי יעקב ורחל”
גם אם נקבל הקבלות סגנוניות אלו כעובדה נתונה, עדיין אין זה מוכיח כלל כי זמן כתיבת סיפורי התורה קדם לזמן חיבור נביאים ראשונים (לכל היותר זה יכול להוכיח שהם נכתבו באותה תקופה), או לחילופין שהיה בפני אבותינו בתקופת הנביאים הראשונים את התורה בשלמותה (לכל היותר זה יכול להוכיח שהיה בפניהם סיפורים אלו). בפרק השלישי בספר המחבר מזכיר גם את העובדה שישנם ביטויים ספרותיים ולשוניים המופיעים רק בספרי התורה וביטויים אחרים המופיעים רק בספרי הנביאים, כדוגמת המילה “נוה”, מה שמוכיח את כתיבתם בזמנים שונים.
עוד נמצא בפרק הראשון בספר דיון בסוגיית “תורה מגילה מגילה נתנה” או “תורה חתומה נתנה”, וכן בשאלה האם, לפי מסורת חז”ל, נתנה למשה הרשות לכתוב כאוות נפשו את מילות התורה, או שכל מילה הוכתבה לו מאת הקב”ה.
הפרק השני המכונה “פסוקים מאוחרים בתורה: התופעה והשלכותיה” דן בנושא יחסית מוכר של שאלת הימצאותן של פסוקים בודדים שהוכנסו לתורה לאחר מותו של משה רבינו. פסוקים כאלו מכונים לעתים, בעקבות דברי הראב”ע “סוד השנים עשר” (בנושא זה מומלץ גם מאמרו של הרב שמריה גרשוני).
העיסוק בנושא מתחיל ממחלוקת בחז”ל בשאלת זהות מחברם של הפסוקים האחרונים בתורה, המתארים את מותו של משה. חז”ל מתייחסים לשמונת הפסוקים האחרונים, אך
הראב”ע כבר מרחיב את דבריהם לשנים עשר הפסוקים האחרונים בתורה. ומשנתנה הרשות מצרף אליהם הראב”ע פסוקים, או חלקי פסוקים ממקומות שונים בתורה. המחבר אף מציג פירושים נוספים, כדוגמת פירושי רבי יהודה החסיד בהם מובאת האפשרות שפסוקים נוספים בתורה נכתבו בתקופות מאוחרות, כדוגמת תקופת אנשי כנסת הגדולה.
לאחר שבסיום הפרק הראשון המחבר מגיע למסקנה כי “מסורת חז”ל קובעת באופן חד משמעי שמשה רבנו הוא שכתב את כל החומשים” (עמ’ 48), הרי שבפרק השני ישנו עיסוק מינמלי בלבד בשאלה כיצד ניתן, מצד אחד, לטעון כי ישנה תופעה של פסוקים מאוחרים, ומצד שני לחיות עם דברי הגמרא (סנהדרין צט ע”א, הובא בפרק הראשון עמ’ 40):
תניא אידך: כי דבר ה’ בזה – זה האומר אין תורה מן השמים. ואפילו אמר: כל התורה כולה מן השמים, חוץ מפסוק זה שלא אמרו הקדוש ברוך הוא אלא משה מפי עצמו – זהו כי דבר ה’ בזה. ואפילו אמר: כל התורה כולה מן השמים, חוץ מדקדוק זה, מקל וחומר זה, מגזרה שוה זו – זה הוא כי דבר ה’ בזה.
האם ראשונים אלה חולקים על עיקרו של הרמב”ם, ותופסים שיש מחלוקת בין סוגיות ומכריעים שלא כסוגיא זאת? האם הראשונים הללו מצליחים למצוא דרך בו ניתן לקבל את דברי הגמרא אך גם להחזיק בפירושיהם?
זאת ועוד, כשמצוטטים בפרק השני דברי חז”ל (בבא בתרא טו ע”א):
שמונה פסוקים שבתורה יהושע כתבן, דתני’: וימת שם משה עבד ה’ – אפשר משה (מת) [חי] וכתב וימת שם משה? אלא, עד כאן כתב משה, מכאן ואילך כתב יהושע, דברי ר”י, ואמרי לה ר’ נחמיה; אמר לו ר”ש: אפשר ס”ת חסר אות אחת? וכתיב: לקוח את ספר התורה הזה! אלא, עד כאן הקדוש ברוך הוא אומר ומשה אומר וכותב, מכאן ואילך הקדוש ברוך הוא אומר ומשה כותב בדמע, כמו שנאמר להלן: ויאמר להם ברוך מפיו יקרא אלי את כל הדברים האלה ואני כותב על הספר בדיו.
השאלה לכאורה זועקת: מדוע אין רבי שמעון מקשה מהפסוק “כי דבר ה’ בזה”? האם רבי נחמיה ורבי שמעון חולקים על הברייתא על פיה קבע הרמב”ם את העיקר השמיני?
הפתרון שמציע המחבר הוא (עמ’ 53):
“שאכן כל התורה כולה נאמרה בנבואה מאת ה’, אך אין הכרח לומר שכל האמור בתורה הוא מנבואת משה דוקא”
ועוד בהערה בעמוד 55 הוא מוסיף הסבר נוסף בשם רבי יוסף בן אליעזר: “יש להשיב, כי על עניין המצוות כאשר אמרנו למעלה, ולא על הסיפורים”.
על אף שלטעמי ניתן היה להרחיב יותר במתן מענה לשאלות דלעיל, יש מקום להסתפק גם בהתייחסות המעטה של המחבר. אך כשהוא מציג את גישת ראשוני מבקרי המקרא שהסתמכו על אותם ראשונים שאיחרו פסוקים אחדים מהתורה על מנת לאחר את רובה ככולה של יצירת התורה לתקופה מאוחרת, הוא כותב את הדברים הבאים (עמ’ 68):
“נראה, שבכל הנוגע לשאלה זו הויכוח איננו נובע מן הנתונים עצמם, אלא מהנחות היסוד האקסיומטיות של הפרשנים והחוקרים… טענתם של החוקרים הסבורים שלא מדובר בתוספות בודדות, אלא במעט המעיד על המרובה, אינה מבוססת על הוכחה אובייקטיבית”.
וכאן, נדמה לי שהיה מקום להאריך ולהסביר, כיצד הממצאים מפרק א’ של הספר משתלבים כאן? האין הם מחזקים את טענת מבקרי המקרא? ואם לא, מדוע לא?
על זאת יש להוסיף ולשאול. כאמור, שמה של הפרק הוא “פסוקים מאוחרים בתורה: התופעה והשלכותיה”. אך לאחר שהוצגו אותם פסוקים בודדים בהם חלק מהראשונים נוטים לאחר את זמן כתיבתם, ה”תופעה” עדיין אינה ברורה. מדוע דווקא פסוקים אלו הינם מאוחרים? מה היתה שיקול הדעת של מחבר הפסוק “והכנעני אז בארץ” להוסיף את פסוקו לתורה? מה היתה התורה חסרה לולי תוספת זו? ושוב, אליבא דמבקרי המקרא אין כאן קושיא כלל, שהרי התורה כולה נכתבה בזמן מאוחר יותר, אך מי שרוצה לומר שרק פסוקים בודדים נתווספו בתר-משה, ובפני אותם מוסיפים היתה תורה שלמה, למעט אותם פסוקים בודדים, מה ראו לשלוח יד בתורת משה ולהוסיף אותם?
אך לא רק ה”תופעה” אינה ברורה, גם “השלכותיה” אינן ברורות. מספר ראשונים הצביעו על מספר פסוקים שלדעתם הם מתקופה בתר-משה, מהן ההשלכות של פירושים אלו ושל דרך פרשנות זו? האם זו דרך פרשנית לגיטימית? המחבר מקדיש כמעט רבע מהפרק השני כדי להסביר שאת המילים “וירדף עד דן” ניתן לפרש שלא ע”י איחורו לתקופה בתר-משה. אך אם דרך הפרשנות של איחור פסוקים בודדים הינה לגיטימית, מדוע שלא נפרש כך גם את פסוק זה? מדוע הראב”ע חילק בפרשנות שלו בין פסוק זה לפסוק “והכנעני אז בארץ”? בהמשך הספר המחבר מציג באריכות רבה את שיטת הבחינות של מורו הרב מרדכי ברויאר. קשה לדרוש מתלמיד שיבקר את דרכו של רבו, אך בכל זאת היה מקום להוסיף לפחות ברמז את הבעייתיות שיש בשיטת הבחינות. אם בחלק השלישי של הספר המחבר מדגיש עד כמה דרכם של מפרשי התנ”ך לאורך הדורות היה לחלק בין הפשט לדרש, הרי שבשיטת הרב ברויאר הפשט והדרש שזורים יחד, באופן שבהחלט סוטה מדרכם של מפרשי התנ”ך לאורך הדורות. כמו כן, הגבולות של שיטת הבחינות אינן ברורות. ישנן דעות במחקר שסיפורי האבות אצל פרעה ואבימלך הינן למעשה אותו סיפור שמצא את מקומו שלוש פעמים בתורה, כל פעם עם פרטים קצת שונים. איש שיטת הבחינות יוכל לומר, שלמעשה הסיפור ארע רק פעם אחת, איננו יודעים מה היו הפרטים המדויקים, אך התורה בחרה לכתוב אותו שלוש פעמים כדי להדגיש בחינות שונות אצל אברהם ויצחק ויחסם אל פרעה ואבימלך. האם פירוש כזה, המנתק לחלוטין את התורה מהמציאות, נכלל בכוונת ממציא השיטה?
בפרק השביעי בספר הנקרא “המקרא וספרות המזרח הקדומה”, המחבר דן בספרים עתיקים נוספים שהתגלו באזור ועל השלכותיהם על הבנת התנ”ך. ראוי להזכיר בהקשר זה סדרת מאמרים מרתקים באנגלית שפרסם בחורף דאשתקד פרופ’ יהושע ברמן (קישור לחלק הראשון), אף הוא בוגר ישיבת “הר-עציון”, ובו הוא מבקש להתבונן על תורת התעודות במבט חדש. מדוע, שואל פרופ’ ברמן, איננו מוצאים בקרב קבצי החוקים האחרים שהתגלו באזור גם כן טענות לתורת תעודות? האם ייתכן שרק בתורה שלנו חוברו תעודות שונות, ולא באף קובץ חוקים אחר מאותה תקופה?! מתוך ההנחה שיש למצוא את פתרון השאלות לסתירות בתורה מתוך הבנת אופן הכתיבה החוקית והסיפורית שהיתה נהוגה באותה תקופה בקרב העמים האחרים באזור, מגיע פרופ’ ברמן לתובנות מעניינות במיוחד שצריכים לעורר דיון ער בבית המדרש. אפשר רק לקוות שהדברים יתורגמו במהרה לעברית ויזכו לדיון גם בשפת הקודש.
אסיים את הערותי על הספר בדבר שכתב המחבר לקראת סופו. הפרק האחרון של הספר נקרא “חטאיהן של דמויות מרכזיות במקרא”. המחבר מציג שבאופן עקבי ניתן למצוא שני כיוונים בחז”ל ביחס לחטאי גיבורי התנ”ך. כידוע, מפרשי המקרא בחרו בדרך כלל בדרך הפשט. בדיונו בחטא דוד ובת-שבע מציין המחבר כי “רש”י אימץ את גישת רבי יונתן והוסיף דבר מפתיע – ששליחת אוריה למוות נועדה להתגבר על הבעיה ההלכתית של היות בת שבע אשת איש”. לענ”ד לא ניתן לומר דבר זה כלל. בפרקים יא-יב בשמואל ב הפירוש היחיד שמופיע ברש”י המזכיר את דברי רבי יונתן הוא שדוד שלח את אוריה למות “כדי שתהא מגורשת” (שם יא טו). פירוש זה של רש”י אינו בא לנקות את דוד מן החטא החמור, אלא להסביר מדוע בער לדוד להרגו. רש”י אינו מזכיר כלל שאוריה היה מורד במלכות, והלומד את דבריו בשמואל בודאי לא יגיע למסקנה שדוד לא חטא.
לסיכום, הספר “עד היום הזה” של הרב אמנון בזק בלול מכל טוב שיעניין את לומד התנ”ך בעידן שלנו. הספר מציג את הנושאים בצורה בהירה מאד, עם שלל מקורות והוכחות לכל כיוון. הערותיי דלעיל אינם גורעים מאומה מהכלי המתוקן שיצא מתחת ידיו של המחבר, אלא נועדו רק לתת ביטוי לרצון לראות מהדורה שניה מורחבת שיכיל עוד יותר חומר, ידע ונקודות מחשבה.

 




Abraham’s Chaldean Origins and the Chaldee Language

ABRAHAM’S CHALDEAN ORIGINS AND THE CHALDEE LANGUAGE

by Reuven Chaim (Rudolph) Klein
Rabbi Reuven Chaim Klein is the author of the newly published Lashon HaKodesh: History, Holiness, & Hebrew [available here]. His book is available online and in bookstores in Israel and will arrive to bookstores in America in the coming weeks. Rabbi Klein published articles in various journals including Jewish Bible Quarterly, Kovetz Hamaor, and Kovetz Kol HaTorah. He is currently a fellow at the Kollel of Yeshivas Mir in Jerusalem and lives with his wife and children in Beitar Illit, Israel. He can be reach via email: historyofhebrew@gmail.com.
For the purposes of this discussion, we shall divide the region of Mesopotamia (the area between the Tigris and Euphrates Rivers) into two sub-regions: the southern region known as Sumer (Shinar in the Bible) and the northern region known as Aram. Under this classification, Sumer incudes Babylon and the other cities which Nimrod (son of Cush son of Ham) built and ruled in southern Mesopotamia (Gen. 10:8–10). The northern Mesopotamian region of Aram includes the city of Aram Naharaim, also known as Harran, and Aram Zoba, also known as Aleppo (Halab). Both regions of Mesopotamia shared Aramaic as a common language.

ABRAHAM WAS BORN IN SUMERIAN UR

In painting the picture of Abraham’s background, most Biblical commentators assume that Abraham was born in Ur and that his family later migrated northwards to Harran. The Bible (Gen. 11:28; 11:31; 15:7; Neh. 9:7) refers to the place of Abraham’s birth as “Ur Kasdim,” literally “Ur of the Chaldeans.” Academia generally identifies this city with the Sumerian city Ur (although others have suggested different sites).[1]
According to this version of the narrative, Abraham’s family escaped Ur and relocated to Aram in order to flee from the influence of Nimrod. The reason for their escape is recorded by tradition: Nimrod—civilization’s biggest sponsor of idolatry—sentenced Abraham to death by fiery furnace for his iconoclastic stance against idolatry.[2] After Abraham miraculously emerged unscathed from the inferno, his father Terah decided to relocate the family from Ur (within Nimrod’s domain) to the city of Harran in the Aram region, which was relatively free from Nimrod’s reign of terror (Gen. 11:31). It was from Harran that Abraham later embarked on his historic journey to the Land of Canaan (Gen. 12).
Josephus in Antiquities of the Jews mentions a similar version of events. He quotes the first-century Greek historian Nicolaus of Damascus who wrote that Abraham, a “foreigner” from Babylonia, came to Aram. There, he reigned as a king for some time, until he and his people migrated to the Land of Canaan.[3]

NAHMANIDES: ABRAHAM WAS BORN IN HARRAN

Nahmanides (in his commentary to Gen. 11:28) offers a slightly different picture of Abraham’s origins and bases himself upon a series of assumptions which we shall call into question.
He begins by rejecting the consensus view that Abraham was born in Ur Kasdim by reasoning that it is illogical that Abraham was born there in the land of the “Chaldeans” because he descended from Semites, yet Chaldea and the entire region of Sumer are Hamitic lands. He supports this reasoning by noting that the Bible refers to Abraham as a “Hebrew” (Gen. 14:13) not a “Chaldean.”
He further proves this point from a verse in Joshua (24:2) which states, Your forefathers always dwelt ‘beyond the River’, even Terah, the father of Abraham, and the father of Nahor. The word always (m’olam) in this context implies that Abraham’s family originated in the “beyond the river” region, even before Terah. Similarly, he notes, the next verse there (24:3) states And I took your forefather Abraham from ‘beyond the river’ and led him throughout all the land of Canaan, which also implies that Abraham is originally from the region known as “beyond the river.” For reasons we shall discuss below, Nahmanides assumes that the term “beyond the river” favors the explanation that Abraham was originally from Harran, not Ur Kasdim.
Nahmanides further proves his assertion from the fact that the Bible mentions Terah took Abram his son, and Lot the son of Haran, his grandson, and Sarai his daughter-in-law, his son Abram’s wife and he went forth with them from Ur Kasdim to go into the land of Canaan and they came unto Harran and dwelt there (Gen. 11:31). In this verse, the Bible only mentions that Terah travelled to Harran with Abraham, Sarah, and Lot, yet elsewhere, the Bible mentions Nahor lived in Harran (see Gen. 24:10 which refers to Harran as the City of Nahor). Nahmanides reasons that if Abraham’s family originally lived in Ur Kasdim and only later moved to Harran without taking Nahor with them, then Nahor would have remained in Ur Kasdim, not in Harran. Hence, the fact that Nahor lived in Harran proves that the family originally lived in Harran, not Ur Kasdim.
Elsewhere in his commentary to the Bible (Gen. 24:7), Nahmanides offers another proof that Abraham was born in Harran and not Ur Kasdim. He notes that when Abraham commanded his servant to find a suitable bride for his son Isaac, he told him, Go to my [home]land and the place of my birth (Gen. 24:4), and the Bible continues to tell that the servant went to Harran, not to Ur Kasdim, implying that Harran is the place of Abraham’s birth. He further notes that it is inconceivable that Abraham would tell his servant to go to Ur Kasdim to find a suitable mate for Isaac, because its inhabitants—the Chaldeans—were Hamitic and are therefore unsuitable to intermarry with the family of Abraham (who were of Semitic descent).

Abraham’s early travels according to Nahmanides

In light of his conclusion that Abraham was born in Harran, not in Ur Kasdim, Nahmanides offers a slight twist to the accepted narrative. He explains that Abraham was really born in Aram, which is within the region known as “beyond the river,” and is well within the territory of Shem’s descendants. He explains that Terah originally lived in Aram where he fathered Abraham and Nahor. Sometime later, Terah took his son Abraham and moved to Ur Kasdim, while Nahor remained in Aram in the city of Harran. Terah’s youngest son, Haran, was born in Ur Kasdim. Based on this, Nahmanides explains that when the Bible says Haran died in the presence of his father Terah in the land of his birth, in Ur Kasdim (Gen. 11:28), the Bible means to stress that Ur Kasdim only was the city of Haran’s birth, but not the city where Abraham and/or Nahor were born. After living in Ur Kasdim, Terah and his entourage eventually left and returned to Harran (when Abraham was en route to the Land of Canaan).
The Talmud (TB Bava Batra 91a) mentions that Abraham was jailed in the city Cutha and identifies that city with Ur Kasdim. Nahmanides also cites Maimonides (Guide to the Perplexed 3:29) quotes the ancient gentile author of Nabataean Agriculture[4] who writes that Abraham, who was born in Cutha, argued on the accepted philosophy of his day which worshipped the sun, and the king imprisoned him, confiscated his possessions, and chased him away. Nahmanides explains that researchers have revealed that the city of Cutha is not in Sumer, the land of Chaldeans, but is, in fact, located in the northern Mesopotamian region of Aram between Harran and Assyria. This city is considered within the region of “beyond the river” because it lies between the Euphrates and Tigris Rivers (making it “beyond the Euphrates” if the Land of Israel is one’s point of reference).[5] Thus, argues Nahmanides, the Talmud also shares his view that Abraham was born in Aram, not Sumer.
Based on his view of Abraham’s early life, Nahmanides explains an inconsistency addressed by the early commentators. When God commanded Abraham to go to the Land of Canaan, He told him to leave from your [home]land and from the place of your birth and from the house of your father (Gen. 12:1). The early commentators (see Rashi and Ibn Ezra ad loc.) address the following question: If Abraham had already left Ur Kasdim, the presumed place of his birth, and had moved with his father to Harran, then why did God tell him again to leave the place of his birth? Nahmanides answers that according to his own understanding, this question does not even begin to develop because Abraham was not born in Ur Kasdim, he was born in Harran and later moved to Ur Kasdim, only to return to Harran from where God commanded him to go to the Land of Canaan.
In addition to what Nahmanides wrote in his commentary to Genesis, he repeats this entire discussion of Abraham’s origins in his “Discourse on the words of Ecclesiastes.”[6]

QUESTIONING NAHMANIDES’ ASSUMPTIONS

As we have already mentioned, Nahmanides’ position is based on several assumptions, each of which needs to be examined. Firstly, Nahmanides asserted that it is illogical to claim that Abraham was born in Ur Kasdim because the inhabitant of Sumer were Hamitic peoples, yet Abraham was a Semite. This claim is unjustified because there is no reason to assume that only Hamites lived in Sumer, only that Sumer was, in general, a Hamite-dominated principality. Furthermore, even according to Nahmanides’ own internal logic, this argument is certainly flawed because Nahmanides himself admits that Abraham and his family did live in Ur Kasdim at some point, thus he clearly concedes that Semites could live there.
Secondly, Nahmanides maintains that while Terah and his two eldest sons were born in Harran, he later relocated with Abraham alone to Ur Kasdim. Nahmanides fails to explain Terah’s rationale for moving with Abraham Ur Kasdim and why he did not take Nahor with him. This vital part of the story should have been explained by the Bible or at least by tradition. Abarbanel (to Gen. 11:26) raises this issue as one of five difficulties with Nahmanides’ approach. He compounds the difficulty by arguing that if Terah’s family originally lived in Harran and only later moved to Ur Kasdim, then the Bible should read and he went forth with them from Ur Kasdim to go into the land of Canaan and they returned to Harran and dwelt there, to imply that they had once lived in Harran. Yet, instead the Bible says and they came unto Harran and dwelt there, implying that they reached Harran for their first time.
Furthermore, Nahmanides proves that Abraham’s family originated in Harran not Ur Kasdim from the fact that after Terah took Abraham, Sarah, and Lot from Ur Kasdim to Harran—leaving Nahor where he was—Nahor was also found in Harran, even though he did not come there with his father. However, this proof is also unjustified and had already been addressed by Ibn Ezra (in his commentary to Gen. 11:29). Ibn Ezra writes that it is likely that Nahor arrived to Harran either before or after his father and for that reason he is not listed amongst Terah’s entourage when relocating from Ur Kasdim to Harran. In fact, there is Biblical precedent for Ibn Ezra’s first suggestion, for when Jacob and his family relocated from the Land of Canaan to Goshen in Egypt, Judah was sent there ahead of the rest of his family (see Gen. 46:28). In the same vein, it is likely that when Terah relocated his family from Ur to Harran, Nahor was sent ahead of everyone else.
In addition, Nahmanides proves from Abraham’s incarceration at Cutha that he lived in Aram at the time; however, contemporary scholars seem to agree that Cutha is actually in Sumer, not in northern Mesopotamia as Nahmanides mentions in the name of other researchers.[7]
Nonetheless, to Nahmanides’ credit, there is some proof that Cutha is in northern Mesopotamia, not in Sumer: The abovementioned Talmudic passage (TB Bava Batra 91a) notes that in addition to his incarceration at Cutha, Abraham was also jailed at Kardu. Where is Kardu? When the Bible tells that the Ark of Noah landed at the mountains of Ararat (Gen. 8:4), all the Tagumim (Onkelos, Jonathan, Neofiti, and Peshitta) explain that Ararat is Kardu. This leads to the conclusion that the location of Abraham’s imprisonment was Armenia, north of Assyria and northeast of Aram, the region in which the Ararat mountains lie (in present-day Turkey). In fact, the name Kardu is preserved by a contemporary nameplace in that region: Kurdistan and its inhabitants who are called Kurds.[8] Based on this, one can argue that if Abraham was incarcerated at Kardu, then Cutha is also likely in that same general area, placing the city closer to Aram than to Sumer.

R. NISSIM OF GERONA AND ABARBANEL DISAGREE WITH NAHMANIDES

R. Nissim of Gerona (1320–1376), in his commentary to the Torah, quotes Nahmanides and then proceeds to disagree. He argues that even if Ur Kasdim is in Sumer as Nahmanides assumes, the verse Your forefathers always dwelt ‘beyond the River’ is still not true. This is because the word always implies that Abraham’s family never lived elsewhere, yet even Nahamanides freely admits that the family lived in Ur Kasdim, which he does not consider within the region of beyond the river. R. Nissim reasons that if Haran and Lot were born in Ur Kasdim, then Terah’s family must have stayed there for at least thirty years (a reasonable age of fatherhood in the post-Babel era, see Gen. 11:10–26) for Haran to be born, mature, and father Lot.
Instead, R. Nissim proposes that Ur Kasdim is, in fact, considered beyond the river. Accordingly, he understood that Ur Kasdim is actually located in northern Mesopotamia [9] and Abraham was born there, as were Haran and Lot, before the family relocated to Harran, which is also within the same region. According to this explanation, Your forefathers always dwelt ‘beyond the River’ literally means that Abraham’s family never left that region, even when they lived in Ur Kasdim.[10] This view is also adopted by Abarbanel.[11]
In addition to the two difficulties mentioned above and R. Nissim’s question, Abarbanel points out two more difficulties with Nahmanides’ approach. He quotes the verse And Abram and Nahor took for themselves wives… (Gen. 11:29) and notes that by grouping together Abraham and Nahor’s respective marriages, the Bible implies that Abraham and Nahor married their wives together—at the same time and place. If so, this passage is at odds with Nahmanides’ explanation who understood that at that time, Nahor was in Harran while Abraham was in Ur Kasdim.
Abarbanel’s fifth and final difficulty is with Nahmanides’ assumption that Ur Kasdim is not considered beyond the river. He cites two Biblical verses which together imply that Ur Kasdim is considered beyond the river. When God identified Himself to Abraham He said unto him: ‘I am the LORD that brought thee out of Ur Kasdim, to give thee this land to inherit it’ (Gen. 15:7). Quoting God, Joshua says I took your father Abraham from beyond the River, and led him throughout all the land of Canaan, and multiplied his seed, and gave him Isaac (Josh.24:3). When analyzing these two verses collectively, one concludes that Ur Kasdim and beyond the river are synonymous, casting suspicion on Nahmanides’ view that Ur Kasdim is not considered beyond the river. (Nahmanides himself addresses this issue by differentiating between being “brought out of” Ur Kasdim and being “taken” from beyond the river, a distinction which Abarbanel rejects.)

WHO WERE THE CHALDEANS?

Another issue with Nahmanides’ abovementioned explanation (although not necessarily crucial to his position on Abraham’s birthplace) is his assumption that the Chaldeans were Hamites who did not live together with Semites and would certainly not marry them. This assumption is clearly at odds with other early commentators who assume that the Chaldeans were indeed Semitic peoples. Furthermore, the Bible never explicitly mentions the “Chaldean” people in connection with Sumer until the time of King Nebuchadnezzar of Babylon; thus, there is no reason to assume that the Chaldeans occupied Sumer in the time of Abraham.
The notion that the Chaldeans are Semitic peoples has its roots in early works. Josephus writes in Antiquities of the Jews that the Chaldeans descend from Arphaxad, the son of Shem,[12] an assertion echoed by R. Gedaliah Ibn Yahya (1515–1587).[13] Interestingly, the last three letters of Arphaxad’s name (KHAF-SHIN-DALET) spells Kesed (Chaldea), the eponym of the Kasdim (Chaldeans).
Ibn Ezra (to Gen. 11:26) writes that while Abraham was born in Ur Kasdim, the city was not yet known under that name in his time because Kasdim are descendants of Abraham’s brother Nahor.[14] It seems that Ibn Ezra understood that in Abraham’s time, the Chaldeans had not
yet developed into a nation. Similarly, Radak (to Gen. 11:28) writes that Ur Kasdim was not actually called “Ur of the Chaldeans” at the time that Terah’s family lived there because the Chaldeans did not yet exist. He explains that the Chaldeans are descendants of Terah’s grandson Kesed, son of Nahor (mentioned in Gen. 22:22, see Radak there) who was born later. Radak mentions this a third time in his commentary to Isaiah 23:13 where he notes that the Chaldeans, who descend from Kesed, son of Nahor, conquered the cities originally built by Assur and his descendants.
Maharal of Prague (1520–1609) explains[15] that the Chaldeans were mostly descendants of Assur (a son of Shem, see Gen. 10:22) but were called “Chaldeans” because the descendants of Kesed conquered them. Maharal also equates the Chaldeans with the Arameans, implying that the Chaldeans were not a Hamitic nation, but rather a Semitic nation descending from Aram, another son of Shem (see Gen. 10:22). By equating the Chaldeans with the Arameans, Maharal understood that the Chaldeans were not a Hamitic nation; but were Semitic. Maharal elsewhere[16] also identifies the Chaldeans with the Arameans and notes that his explanation is inconsistent with the words of Nahmanides in Parshat Hayei Sarah, but does not specify what Nahmanides says or even to which passage in Nahmanides he refers. Given our discussion, it seems that Maharal refers to the passage in question in which Nachmanides writes that the Chaldeans are descendants of Ham. In fact, Maharal in his commentary to the Torah (Gur Aryeh to Gen. 24:7) explicitly rejects much of what Nahmanides there writes.[17]
In short, most commentators understand that the Chaldeans were actually Semitic peoples, unlike Nahmanides’ assumption that they were Hamitic. Nonetheless, there is some support for Nahmanides’ position in the apocryphal Book of Jubilees (11:1-3) which tells that Reu, the great-grandfather of Terah, married the daughter of Ur, son of Kesed, who founded the city Ur.[18] While according to Radak, the Chaldeans descend from Kesed, a grandson of Terah, Jubilees seems to maintain that the Chaldeans descend from an earlier person named Kesed who already lived in the time of Reu, Terah’s great-grandfather, and merely married into the Semitic family.[19] Either way, there is certainly no validation of Nahmanides’ assertion that the Hamitic Chaldeans and the Semites were completely separate.

NEBUCHADNEZZAR THE CHALDEAN WAS A HAMITE

There is one Talmudic source which, by reasonable extension, might serve as a source for Nahmanides’ assumption that the Chaldeans were Hamitic peoples. The Talmud (TB Hagiga 13a) states that Nebuchadnezzar was “a son of a son of Nimrod.” As explicitly noted in the Bible, Nimrod was a Hamite (a son of Cush, son of Ham).[20] Prima facia, the Talmud explains that Nebuchadnezzar was a grandson of Nimrod, thereby making Nebuchadnezzar a Hamite. Although the Bible never mentions explicitly that Nebuchadnezzar was a Chaldean, it certainly implies such by calling his subjects in Babylonia “Chaldeans.” Furthermore, the Talmud calls Nebuchadnezzar’s granddaughter Vashti a Chaldean (see below), implying that Nebuchadnezzar himself was also Chaldean. All of this together raises the likelihood that the Talmud understood that Chaldeans are Hamites.
Rashi (to TB Pesahim 94b) endorses a somewhat literal reading of the Talmud and explains that Nebuchadnezzar was not really Nimrod’s grandson; he was simply a descendant of Nimrod (a view shared by Tosafot to TB Yevamot 48b). Rabbi Aryeh Leib Ginzberg (1695–1785) favors this approach in his work Turei Even (to TB Hagiga 13a), giving credence to the notion that Nahmanides took this Talmudic passage literally as well.
However, the Tosafists (there) reject a literal reading of the Talmud. They argue that since there is no source to the notion that Nebuchadnezzar was a descendant of Cush (Nimrod’s father), then the Talmud must not mean that Nebuchadnezzar was literally a grandson or even descendant of Nimrod.[21] Instead, the Tosafists explain that the Talmud was simply drawing an analogy between Nimrod, who was a wicked ruler of Sumer and persecuted Abraham, and Nebuchadnezzar, who was also a wicked king there and persecuted the Jews, as if to imply that Nebuchadnezzar was his “spiritual” heir. Furthermore, there is a Jewish legend which states that Nebuchadnezzar descended from the union of King Solomon and the Queen of Sheba.[22] According to this legend, Nebuchadnezzar was certainly not paternally Hamitic.[23]
Finally, some commentators understand that the Talmud does not mean that Nebuchadnezzar was literally a genealogical descendant of Nimrod, rather that he was a reincarnation of Nimrod.
All in all, there is no clear proof from the Talmud’s assertion about Nebuchadnezzar that the Chaldeans were Hamites.

THE LANGUAGE OF THE CHALDEANS

We shall now turn to a discussion concerning the Chaldean language, which may help us better understand the origins of the Chaldean people and whether they were Hamitic or Semitic.
The prophet Isaiah relates that God said, I will rise up against them—the word of God, Master of legions—and I will discontinue from Babylonia its name and remnant, grandchild and great-grandchild—the word of God (Isa. 14:22). The Talmud (TB Megillah 10b) tells that R. Yonatan would expound this verse as an introduction to the Book of Esther. The Talmud understood that this verse refers to the Chaldeans (the people of Babylonia) who destroyed the First Temple. R. Yonatan would explain that its name refers to their script, remnant refers to their language, grandchild refers to their monarchy, and great-grandchild refers to Vashti—the last scion of the Babylonian royal family who was wed to the Persian king Ahasuerus and was executed at the beginning of the Book of Esther. Accordingly, declares the Talmud, the Chaldeans are a nation that has neither script nor language.[24]
However, in actuality, the Chaldeans did have a language, for the Chaldeans spoke Aramaic. Why then does the Talmud not reckon with the fact that they spoke Aramaic? This question is asked explicitly by the Tosafists (to TB Megillah 10b, Avodah Zarah 10a) and is addressed by many commentators.
Rashi[25] explains that the Talmud does not mean that the language spoken by the Chaldeans would cease to exist, but rather that the Chaldeans borrowed their language (Aramaic) from other people (Arameans). According to this understanding, the Chaldeans were the inhabitants of Southern Mesopotamia (i.e. Sumer, where Babylon lies), while the Arameans were the inhabitants of Northern Mesopotamia (i.e. Aram) and are not the same people, they simply shared a common language. Although Rashi fails to explain the significance of the fact
that the Chaldeans borrowed Aramaic from the Arameans, his explanation does shed light onto the Talmud’s declaration that the Chaldeans do not have a language; the Talmud means that the Chaldeans do not have their own language.
The Tosafists (there) offer another answer. They explain that the when the Talmud states that the Chaldeans have neither language nor script, this does not refers to a common language and script, but rather to a royal language and script. That is, the Talmud acknowledges that the Chaldeans spoke Aramaic, but understood that they are to be “discontinued” in that their royal class would no longer have a special language of its own. It seems that the Babylonian royalty originally spoke a separate language (perhaps Akkadian[26] or the even older Sumerian) than did the rest of the nation, and this language was eventually lost as punishment for their role in the destruction of the First Temple.[27]
R. Shlomo Alkabetz (1500–1580) proves this explanation in the introduction to his work Manot HaLevi (a commentary to the Book of Esther). He shows from the fact that Nebuchadnezzar and all the Babylonian kings after him spoke Aramaic—by then the dominant language in the Ancient World—that the original Chaldean language fell into disuse. In fact, he notes, the Bible tells that the Chaldean language had to be taught to members of the royal household (see Dan. 1:4), proving that it was by then relegated to obscurity. It is unlikely that the “Chaldean Language” referred to is actually Aramaic because one would assume that members of the royal court in Babylon already knew Aramaic![28] R. Alkabetz further notes that by the time of Ahasuerus, king of Persia, the Chaldean language was almost extinct and with the demise of Vashti, the language completely died, allowing Ahasuerus to declare each man shall rule over his house and speak the language of his nation (Est. 1:22), marking the utter end of the language of Babylon.
Interestingly, R. Moshe Ashkenazi Halpern (c. 1555)[29] writes in his work Zikhron Moshe (to Est. 1:22) that Vashti justified her impudence by claiming not to understand the language of Ahasuerus. He explains that this is the meaning of the verse the queen Vashti refused to come at the king’s commandment (Est. 1:12) which can super-literally be translated as the queen Vashti refused to engage in the king’s words. Because of this, upon executing Vashti, Ahasuerus proclaimed that each man should be able to speak the language of his nation, i.e. without his wife claiming not to understand him.
Maharsha and R. Yehuda Aryeh Leib Alter (1847–1905)[30] reject a literal reading of the Talmud and instead explain it esoterically. They understand, in slightly different ways, that when the Talmud mentions that the language of the Babylonians would be discontinued, it does not refer to their actual language but to the “essence” of their existence, which their language represents. They are therefore not bothered by the question of the Tosafists that Aramaic continued and continues to exist as a spoken and written language because they understood that the Talmud was not actually talking about the discontinuation of their language, it was discussing the discontinuation of their core essence. Once their core essence disappeared, they needed to adopt the “essence” of other nations in order to continue to exist, thereby losing their own identity. If this meta-physical reality was mirrored by physical reality (a point which is unclear in those sources), it would probably mean that the Chaldeans originally spoke Akkadian and/or Sumerian, but when their “essence” was lost, they needed to borrow Aramaic from the Arameans, their northern neighbors (similar to the understanding of Rashi).
However, Maharal, who similarly interpreted this passage esoterically[31] and understood that the Chaldeans and Arameans are one and the same (as mentioned above), would certainly not agree with this theory. Instead, Maharal cites a Talmudic passage (TB Sukkah 52b) which relates that God “regretted” that He created the Chaldeans. Because of this “regret,” the Chaldeans are considered non-existent, personae non grata. If the Chaldeans do not exist, then their language, Aramaic, is to be considered equally non-existent, lingua non grata. For this reason, explains Maharal, Aramaic is not counted in the seventy languages.[32]

THE CHALDEAN LANGUAGE IN PERSPECTIVE

To summarize, according to Maharal, the Chaldeans and the Arameans are one and the same, so the Chaldean language is to be identified with Aramaic. This explanation precludes the view of Nahmanides who maintains that the Chaldeans were Hamitic people (as opposed to the
Arameans who were Semitic). In fact, we have already shown that Maharal explicitly disagrees with Nahmanides on this issue.
On the other hand, Rashi (and perhaps others) understood that the Chaldeans took Aramaic from the Aramean inhabitants of northern Mesopotamia. According to this explanation, the Chaldeans are a distinct people from the Arameans. This explanation leaves open the possibility for Nahmanides’ view that the Chaldeans were the original Hamitic inhabitants of Sumer, albeit their Semitic neighbors to the north influenced them linguistically.
Similarly, according to the Tosafists, the Chaldean language was spoken by the royal court in Babylon in tandem with Aramaic. This explanation also leaves open the possibility for Nahmanides’ explanation that the Chaldeans were the Hamitic inhabitants of southern Mesopotamia, and despite their acceptance of Aramaic (which originated from their neighbors to the north and had spread throughout most of the civilized world), they also maintained a distinct Chaldean language to be used by the ruling class.

IN SUMMATION

In short, Nahmanides proposes a new theory that Abraham was actually born in Harran (in the northern Mesopotamian region of Aram), before his family relocated to Sumerian Ur and eventually returned to Harran. Nahmanides offers several justifications for his theory, most significant of which is the notion that Sumerian Ur, which was inhabited by the Chaldeans, was Hamitic territory and it is therefore unlikely that Abraham’s family, who were Semitic, originated there. We cast doubt on this proof by noting that even if the Chaldeans occupied Sumer at that time, they were not necessarily Hamitic peoples and certainly there is no justification for arguing that non-Hamitic families could not live there. Additionally, we explored the possibility of Hamitic origins for the Chaldean by surveying various commentators’ understandings of the “Chaldean Language” mentioned in the Talmud. While some of those explanations definitely allowed room for Nahmanides’ position, none of them directly support it. Finally, each of the proofs that Nahmanides offers for his view is based on certain assumptions and we have shown that each of those assumptions is not universally agreed upon.

 

 

[1] A. Marcus, Keset
HaSofer
(Tel Aviv, 1971) pgs. 296–297 writes that Ur Kasdim was definitely
in the southern region of Mesopotamia, close to the Persian Gulf.

[2] TB Pesachim 118a, Bereishit Rabbah §38:13, Targum Jonathan
(to Genesis 11:28), and more.

[3] See Kitvei Yosef ben Matityahu, Kadmoniut
HaYehudim
Vol. 1 (Jerusalem: Reuven Mass, 1939) pg. 31.

[4] The work Nabataean
Agriculture
was written in Arabic by the 9th century Muslim
philosopher Ibn Wahshiyya. It is supposedly an Arabic translation of an ancient
Syriac text describing the beliefs of the Sabian religion. However, academia
believes this work to have been forged (at least in part) by Ibn Wahshiyya
himself.

[5] Interestingly, several
popular maps place Ur Kasdim southwest of the Euphrates River, meaning that it
is on the same side of the Euphrates as is the Land of Israel, technically
outside of Mesopotamia, albeit still within the same general vicinity. This lends
credence to Nahmanides’ view that Aram is considered “across the river”
while Ur Kasdim is not, even though both are in the general region of
Mesopotamia. See A. Kaplan, The Living Torah (New York: Maznaim
Publishing Corporation, 1985) pg. 42; Ramban Al HaTorah Bereishit
Vol. 1 (Artscroll/Mesorah Publications, 2004) pg. 593; and Y. Elitzur & Y.
Keel (eds.), Atlas Da’at Mikra (Jerusalem: Mossad HaRav Kook, 1998) pg.
66.

[6] C. Chavel (ed.), Writings
of the Ramban,
Vol. 2 (Jerusalem: Mossad HaRav Kook, 1963) pp. 202–203.

[7] M. Berenbaum and F.
Skolnik (eds.), “Cuth, Cuthah,” Encyclopedia Judaica 2nd ed.
Vol. 5. (Detroit: Macmillan Reference USA, 2007) pp. 344–345.

[8] Y. Elitzur & Y.
Keel (eds.), Atlas Da’at Mikra (Jerusalem: Mossad HaRav Kook, 1998) pg.
386.

[9] P. Berlyn, “The Journey
of Terah to Ur-Kasdim or Urkesh,” Jewish Bible Quarterly Vol. 33:2
(Jerusalem: Jewish Bible Association, 2005) suggests that Ur mentioned in the
Bible is actually Urkesh, an ancient city in Northern Mesopotamia. Other than
that, she accepts the narrative proposed by Nahmanides (that Terah
originally lived in Harran where Abraham was born, relocated to Ur, and later
returned to Harran), without mentioning him by name.

[10] L. A. Feldman (ed.), Pirush
HaRan Al HaTorah
(Jerusalem: Machon Shalem, 1968) pp. 153–154.

[11] See there for an
explanation of why Ur is associated with the “Chaldeans” if it is located in
Aram. Rabbi Eliezer Ashkenazi (1512–1585) disagrees with Nahmanides’
narrative and instead proposes that Abraham never lived in southern
Mesopotamia. He argues that Abraham’s family moved from within northern
Mesopotamia from Aram Naharim to Harran (which he understands to be two
separate places) and all references to Ur of the Chaldeans do not refer to a
southern Mesopotamian city named Ur but rather to the Chaldean (Sumerian?)
dominion over northern Mesopotamia in Abraham’s time. See Ashkenazi’s Maasei
HaShem
(Warsaw, 1871) pp. 78a–79a .

[12] Kitvei Yosef ben
Matityahu, Kadmoniut HaYehudim
Vol. 1 (Jerusalem: Reuven Mass, 1939) pg.
27.

[13] Shalshelet
HaQabbalah
(Jerusalem, 1962) pg. 218.

[14] A. Marcus, Keset
HaSofer
(Tel Aviv, 1971) pgs. 296 criticizes Ibn Ezra for confusing Kesed
son of Nahor with Kesed of the family of Arphaxad.

[15] Gur Aryeh to
Deuteronomy 32:21.

[16] Gevurat HaShem (Ch.
54).

[17] See also “Galut
V’Geulah”
(by Rabbi Chaim Wallin of Baltimore) printed in Kovetz
Yeshurun
Vol. 7 (New York-Jerusalem: Machon Yeshurun, 2000) pg. 572 who
elaborates on what Maharal writes there.

[18] E. Yassif (ed.), The
Chronicles of Jerahmeel
(Ramat Aviv: Tel Aviv University, 2001) pg. 121
gives “Milcah bat Ruth” as the name of Reu’s wife.

[19] Nonetheless, Jubilees
(9:4) mentions that Arphaxad’s land includes Chaldea, which implies that the
Chaldeans are descendants of Arphaxad (as Josephus understood).

[20] Rabbi Gershon Chanoch
Heinich Leiner (1839–1891) discusses Nebuchadnezzar’s lineage in light of his
previous position at the court of the Assyrian king Sannechreb. See Rabbi
Leiner’s Petil Tekheilet, (Lublin, 1904) pp. 137–138.

[21] R. Hayyim Yosef
David Azulai (1724–1806) in his work Petah Einayim (to TB Hagiga 13a) notes that a contradiction
between selections of Tosafot to differing tractates is not considered a
contradiction because they were authored by different people. However, Tosasfot
HaRosh
, which was ostensibly written by one person, namely R. Asher ben Yehiel
(1250–1327), also contains this contradiction: In Tosafot HaRosh to TB Hagiga
13a, he writes that Nebuchadnezzar was not literally a descendant of Nimrod,
while in Tosafot HaRosh to TB Yevamot 48a, he writes that he was. This
contradiction has yet to be resolved.

[22] See Rashi to I Kgs.
10:13 and J.D. Eisenstein (ed.), Otzar Midrashim (New York, 1915) pg. 46
and Rabbi David Yoel Weiss’ Megadim Hadashim (to TB Hagiga
13a).

[23] Nonetheless, it is
possible that his Hamitic lineage comes from his maternal genealogy, for Sheba
is listed as a grandson of Cush (Gen. 10:7). However, it is equally plausible
that the Queen of Sheba herself was Semitic as the name Sheba also appears
twice in Semitic genealogies, namely as a son of Joktan (Gen. 10:28) and as a
grandson of Abraham (Gen. 25:3).

[24] The Talmud elsewhere
(TB Avodah Zarah 10a) makes a similar comment about the Romans (who destroyed
the Second Temple), see the commentators there.

[25] To TB Megillah 10b, as
explained by R. Yosef Hayim of Baghdad (1832–1909) in his Talmudic work Ben Yehoyada (there).

[26] If, in fact, the
“lost language” to is Akkadian, then it is much easier to understand
how and why Aramaic suddenly superseded Akkadian as the lingua franca of the
Ancient world and why rabbinic literature seemingly never refers to that
language.

[27] Azulai in Petah
Einayim (to TB Megillah 10b) quotes
an anonymous scholar who explains the juxtaposition of the lack of a royal
language and the death of Vashti. He explains that because Vashti rejected
Ahasuerus’ request to appear before him unclothed by publicly responding to him
a disrespectful way, Ahasuerus had no choice but to execute his wife in order
to save face. Had there been a royal language used internally by the ruling
class, Vashti’s insolence would not have created such an impact because she
would have responded to her husband in that language, limiting the knowledge of
her disrespectful response to her husband and his royal courtiers, while the
other attendees at the party would not have realized what transpired.

[28] Ibn Ezra (Daniel 2:4)
writes that when the Bible says that Nebuchadnezzar’s necromancers spoke to him
in Aramaic, this refers to the Chaldean language, which was spoken by the king.
See also M. Amsel, Shut Hamaor Vol. 1 (Brooklyn, 1967) pp.
472–474.
[29] R. Halpern was either
the father-in-law or brother-in-law of the more famous scholar R. Shmuel
Eliezer Eidels (Maharsha). See Zikhron Moshe (Jerusalem: Zichron
Aharon  Publications, 2003) pp. 7–9 for
further discussion.
[30] Sfat Emet (to TB Megillah 10b).
[31] In the introduction to Ohr Hadash (a commentary to the Book of Esther).
[32] See Tiferet Yisrael (Ch. 13), Gevurat
HaShem,
(Ch. 54) and Chiddushei Aggadot (to TB Sotah 33a).