These traditional ordinances, as already stated, bear the general name of the Halakhah, as indicating alike the way in which the fathers had walked, and that which their children were bound to follow. [481] These Halakhoth were either simply the laws laid down in Scripture; or else derived from, or traced to it by some ingenious and artificial method of exegesis; or added to it, by way of amplification and for safety's sake; or, finally, legalized customs. They provided for every possible and impossible case, entered into every detail of private, family, and public life; and with iron logic, unbending rigour, and most minute analysis pursued and dominated man, turn whither he might, laying on him a yoke which was truly unbearable. The return which it offered was the pleasure and distinction of knowledge, the acquisition of righteousness, and the final attainment of rewards; one of its chief advantages over our modern traditionalism, that it was expressly forbidden to draw inferences from these traditions, which should have the force of fresh legal determinations. [482]
In describing the historical growth of the Halakhah, [483] we may dismiss in a few sentences the legends of Jewish tradition about patriarchal times. They assure us, that there was an Academy and a Rabbinic tribunal of Shem, and they speak of traditions delivered by that Patriarch to Jacob; of diligent attendance by the latter on the Rabbinic College; of a tractate (in 400 sections) on idolatry by Abraham, and of his observance of the whole traditional law; of the introduction of the three daily times of prayer, successively by Abraham, Isaac, and Jacob; of the three benedictions in the customary grace at meat,' as propounded by Moses, Joshua, and David and Solomon; of the Mosaic introduction of the practice of reading lessons from the law on Sabbaths, New Moons, and Feast Days, and even on the Mondays and Thursdays; and of that, by the same authority, of preaching on the three great festivals about those feasts. Further, they ascribe to Moses the arrangement of the priesthood into eight courses (that intosixteen to Samuel, and that into twenty-four to David), as also, the duration of the time for marriage festivities, and for mourning. But evidently these are vague statements, with the object of tracing traditionalism and its observances to primaeval times, even as legend had it, that Adam was born circumcised, [484] and later writers that he had kept all the ordinances.
But other principles apply to the traditions, from Moses downwards. According to the Jewish view, God had given Moses on Mount Sinai alike the oral and the written Law, that is, the Law with all its interpretations and applications. From Ex. xx. 1, it was inferred, that God had communicated to Moses the Bible, the Mishnah, and Talmud, and the Haggadah, even to that which scholars would in latest times propound. [485] In answer to the somewhat natural objection, why the Bible alone had been written, it was said that Moses had proposed to write down all the teaching entrusted to him, but the Almighty had refused, on account of the future subjection of Israel to the nations, who would take from them the written Law. Then the unwritten traditions would remain to separate between Israel and the Gentiles. Popular exegesis found this indicated even in the language of prophecy. [486]
But traditionalism went further, and placed the oral actually above the written Law. The expression, [487] After the tenor of these words I have made a covenant with thee and with Israel,' was explained as meaning, that God's covenant was founded on the spoken, in opposition to the written words. [488] If the written was thus placed below the oral Law, we can scarcely wonder that the reading of the Hagiographa was actually prohibited to the people on the Sabbath, from fear that it might divert attention from the learned discourses of the Rabbis. The study of them on that day was only allowed for the purpose of learned investigation and discussions. [489] [490]