Hadrian’s rescripts seem to have dealt on several occasions with this
law. His obvious intention to extend the statute may have caused him to
use terms of general effect. Perhaps an isolated case of the practice of
circumcision among people outside of those to whom it was an ancient
custom may have been followed by indictment and punishment. If Hadrian
really had attempted to carry out this prohibition generally, he would
have provoked a rebellion in Egypt as well as in Judea, since in Egypt
the priests practised it likewise.[378] The rescript of Antoninus, a few
years later, which expressly exempted Jews from the broad condemnation
of the practice, simply restated established law.[379] Indeed it may
well be that the occasion of Pius’ rescript was rather one that
restricted the Jews than one that enlarged their privileges. Even in the
case of the severest form of mutilation, it is forbidden if it is done
_promercii aut libidinis causa_. A similar insistence on criminal intent
must have been present in the case of the lesser mutilation involved in
the Jewish rite. There could of course never have been any question that
circumcision was not performed _promercii aut libidinis causa_, and
therefore there seems to be little reason for the rescript of Pius,
unless we assume it to have been a direct attempt to check the spread of
Judaism by making the performance of the rite in the case of non-Jews
criminal _per se_, without proof of wrongful intent.
Paul, writing about seventy-five years later, states the limitation on
the performance of the rite even more broadly, by including within it
slaves of non-Jewish origin.[380] In all circumstances there does not
seem to have been any real effort to enforce it. The Jewish propaganda
went on in spite of it, not surreptitiously, as in the case of the
still-proscribed Christians, but quite frankly. The statement of Paul is
the stranger because of the open favor shown by Paul’s master, the
Syrian Severus Alexander, toward all foreign cults, including that of
the Jews. The Sentences of Paul may have been written before the decree
of the emperor which his biographer mentions, by which, he says, Severus
strengthened the privileged position of the Jews, _Iudaeis privilegia
reservavit_.[381] When one contrasts this with the immediately following
statement, _Christianos esse passus est_, “He allowed the Christians to
profess their faith,” it is plain that in the case of the Jews there is
no question of mere toleration, but of the recognition of an established
position, and that is not quite in accord with the statement in Paul’s
Sentences, according to which the spread of Judaism was rigorously
checked, even to the extent of modifying one of the fundamental concepts
of the law—the unlimited character of the master’s dominion over his
slaves.
Public-domain text, read in full here on John Shaqi.
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