I apologize for last week but we had a power bump and my router crashed. It took all morning to get somebody on the phone to tell me what to do. But at least I did get somebody.
We have finished Book I of Ben Hur and almost nothing
that Lew Wallace said about Jews, their beliefs or customs, has been true.
Onward.
We are now past the reign of Augustus and into the
reign of Tiberius. Tiberius was nothing but a soldier; he didn’t want to rule.
His wiser brother Drusus died of a fall from a horse before Tiberius came to
the throne. His nephew Germanicus, says gossip, was poisoned in Syria about 19
CE. Germanicus’ sons died, except for little Gaius, who became Tiberius’ heir.
Herod’s grandson was raised in Rome by Augustus, one
of several ethnic princes raised in Roman ways so that if they get to go home
and rule, they will impose Roman ways on their homelands. Agrippa will later
marry his second or third cousin Cypros, a love match, with four surviving
children. One will become the mistress of the man who destroys the Second
Temple.
And in Book II chapter 2 we get more false history.
Hillel and Shammai were dead by this time. Rabban Gamliel ben Hillel followed
him, and then Shimon b. Gamliel. And we get a false evaluation of Jewish logic.
Jewish logic is very like modern American legal
reasoning. It has stare decisis in the form of gezerah shavah, when two phrases
are alike, cases using them should be judged similarly. Also when cases are
alike enough, the new case should come out the same as the old one.
It had a fortiori, known as qal va-chomer, and Jewish
law also reasoned in the reverse direction.
It had due process for all.
It had fines for civil cases as well as compensatory
and punitive damages for battery. Lex talionis is not part of Jewish law. You
can’t award damages in a culture where some people don’t have money. It is a
given that all Jews have or can get money for civil damages, or for the poll
tax at Purim, or to buy meat for Shabbat.
The man who does not have enough money to pay
compensation for a theft can take out an exclusive services contract on
himself. Under this agreement, the buyer of the contract has to support the
contractor, his wife, and his children at the buyer’s own level. He can’t
assign menial tasks. He has to give up the contract at six years or at 50 or
whenever the yovel year comes. He can’t destroy the sanctity of marriage. If he
commits battery, the damages he pays go toward paying off the contract.
In European culture with its serfdom, serfs didn’t
have money. If they committed crimes, they were punished corporally and
sometimes capitally. When jails were instituted for the commonalty, they went
to jail, sometimes along with their families. The only jails in Jewish law were
places where you kept somebody on trial for a capital crime, while you waited
for a witness to come forward who could exonerate him.
Jewish law did not allow ex post facto. The law was
documented in Torah, exemplified in Prophets, and explained in Mishnah.
A person was innocent until proven guilty, part of a
presumption that a condition persists without proof that it has changed. Thus
safek tahor tahor, if you have no evidence that an object has been rendered
tameh, it is considered tahor and so too a person is innocent until proven
guilty.
Civil cases for damages required 3 judges, capital
cases required 23; these were bench trials at the hands of experts in Jewish
law. If they couldn’t decide, they added two judges. If the town wasn’t large
enough to increase the bench, the venue changed to a larger town, the whole way
up to the Sanhedrin in Jerusalem.
Evidence required witnesses who were Jews, not under
exclusive service contract, and of known probity. They were questioned to make
sure that they knew what they were talking about, and that they were talking
about the same incident. But if somebody could stand up in court and say that
the witnesses couldn’t have seen the incident because they weren’t present at
the place and time of the incident, the accused was acquitted.
He was also acquitted if all the judges voted to
condemn. That was “a bloodthirsty” court and its judgments were not acceptable.
The only judges allowed to speak on the case were those who gave reasons for
acquittal. If there weren’t enough, the case was recessed 24 hours (or over
Shabbat if necessary) and then the only judges who could speak were the ones
who had not yet spoken for acquittal.
Jewish law is a civil code that allows judges to
create new law, as long as it does not overturn Torah prohibitions or
requirements. It is a common law system which accommodates local custom: “all
goes according to the custom of the land” as long as it does not contradict
Torah. After the Talmudic period, there would not be another civil code or
common law system until Henry II of England, which is the basis of American
law.
And in Judah ben Hur’s time, Jews were not allowed to
learn Greek philosophy as a consequence of the Seleucid persecutions.
It would take an uneducated self-hating Jew to think
that Jewish reasoning wasn’t as good as Greek reasoning. I know that Maimonides
insisted you had to learn Aristotle to understand Maaseh Breshit or Maaseh
Merkabah but that is irrational. These two concepts dig into the heart of
Jewish mysticism. Aristotle knew nothing about Jews. And Maimonides specifies
Aristotle’s Physics, to boot, which we know is not even a valid description of
the material world let alone of Jewish mystical belief. Maimonides’
antagonists, the Mutakallim, believed in atomism and that a vacuum could exist;
both are part of modern physics. Maimonides’ idea is the same fallacy as thinking
that translations are valid representations of their source documents: a
strawman argument.
So Wallace gives Judah ben Hur an unrealistic attitude
for a Jewish hero. It’s the one Wallace needs for his denouement; missionaries
to Jews start with the ones who don’t know much about their culture and are
therefore vulnerable to misrepresentations about it.