History of the Jews, Vol. 3 (of 6)Graetz, Heinrich
History
History of the Jews, Vol. 3 (of 6)
Graetz, Heinrich
Jews -- History
The appointment of the judges of a district was, in all probability,
the duty of the principal of the college, in conjunction with the chief
judge and the seven members of the Senate-council. Each of these three
heads of the Babylonian-Jewish commonwealth accordingly possessed the
power of appointing the judges of his province, and the communities
were thus either under the Prince of the Captivity or the Soranian
Gaonate, or were dependent on the college of Pumbeditha. When a judge
was appointed over a certain community he received a commission from
the authorities over him. He bore the title of Dayan, and had to decide
not only in civil but also in religious cases, and was therefore at the
same time a rabbi. He chose from amongst the members of the community
two associates (Zekenim), together with whom he formed a judicial and
rabbinical tribunal. All valid deeds, marriage contracts, letters of
divorce, bills of exchange, bills of sale, and deeds of gift, were also
confirmed by this rabbi-judge. He was, at the same time, the notary
of the community. For these various functions he received--first, a
certain contribution from every independent member of the community;
secondly, fees for drawing up deeds; and, thirdly, a weekly salary from
the vendors of meat. The children's schools, which were in connection
with the synagogue, were probably also under the supervision of this
rabbi-judge.
The communal constitution in Jewish Babylonia has served as a
model for the whole Jewish people, partly until the present time.
At the head of the community stood a commission entrusted with the
public interests, and composed of seven members, who were called
Parnesé-ha-Keneset (Maintainers of the Community). A delegate of a
Prince of the Captivity, or of one of the principals of the colleges,
was charged with the supervision of public business, and also possessed
the power of punishing refractory members. The punishments inflicted
were flogging and excommunication. The latter, the invisible weapon
of the Middle Ages, which changed its victims to living corpses, was,
however, neither so often nor so arbitrarily exercised by the Jews as
by the Christians; but even among them it fell with terrible force.
Those who refused to comply with religious or official regulations,
were punished with the lesser excommunication. It was mild in form,
and did not entail the total isolation of the person excommunicated,
and affected the members of his own family still less. But whosoever
failed to repent within the given respite of thirty days, and to
make application to have the excommunication annulled, incurred the
punishment of the greater ban. This punishment scared away a man's most
intimate friends, isolated him in the midst of society, and caused
him to be treated as an outcast from Judaism. No one was allowed to
hold social intercourse with him, under penalty of incurring similar
punishments. His children were expelled from school, and his wife from
the synagogue.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account